1 2 3 4 5 8 establishments of the United States, and corporations pri marily acting as instrumentalities or agencies of the United States, but does not include any contractor with the United (e) The Secretary will be provided such reports, accounting and rights of inspection as the Secretary deems 7 appropriate. 6 8 SEC. 8. The Secretary may prescribe such rules and 9 regulations as he deems necessary and appropriate to carry 10 out the provisions of this Act. Notwithstanding the provi11 sions of subsection (a) (2) of section 553 of title 5, United 12 States Code, such rules and regulations shall be subject to the 13 notice and public participation requirements of that section. 14 SEC. 9. (a) Not later than one hundred and eighty days 15 after enactment of this Act, the Environmental Protection 16 Agency shall by notice of proposed rulemaking and oppor17 tunity for oral presentation of views, data and arguments, 18 prescribe standards and criteria to assure that the public 19 health, safety and the environment are adequately protected in connection with remedial actions selected pursuant to 21 sections 5 (a) and 7 (a) of this Act. 22 (b) Prior to the promulgation of any rule pursuant to 23 subsection (a) of this section the Administrator of the 24 Environmental Protection Agency shall consult with the 25 Nuclear Regulatory Commission. 1 9 (c) The Environmental Protection Agency shall mini 2 mize duplication of effort and conserve administrative 3 resources in the establishment of the standards and criteria 4 developed pursuant to subsection (a) of this section by 5 ensuring that applicable standards and criteria, if any, 6 developed by the Environmental Protection Agency under 7 other authorities, including the Resource Conservation and 8 Recovery Act of 1976, the Clean Air Act of 1970, as 9 amended, or any other Federal law relating to the protec10 tion of the environment and standards and criteria developed 11 pursuant to subsection (a) of this section are consistent, to 12 the maximum extent practicable. The Nuclear Regulatory 13 Commission shall, pursuant to sections 5 (a) and 7 (a), be 14 responsible for enforcement of the standards promulgated 15 under subsection (a) of this section and for ensuring that 16 the remedial actions are performed in conformance with the 17 plan selected pursuant to sections 5 (a) and 7 (a) of this 18 Act. 19 (d) Judicial review of the Environmental Protection 20 Agency's rulemaking pursuant to subsection (a) of this sec21 tion may be had by any interested person in the United 22 States court of appeals for the Federal judicial circuit in 23 which such person resides or transacts business only upon 24 petition for review by such person filed within ninety days 25 from the date of such rulemaking, or after such date only if 10 1 such petition is based solely on grounds which arose after 2 such ninetieth day. 3 (e) The Department of Energy shall not commence 4 any remedial action pursuant to sections 5 (a) and 7 (a) of 5 this Act until ninety days following the promulgation of the 6 standards and criteria established pursuant to subsection (a) 7 of this section. 8 SEC. 10. There are hereby authorized to be appropriated 9 to the Department $3,000,000 in fiscal year 1979, and in 10 subsequent years such sums as may be necessary to carry out the purposes of this Act, to remain available until 12 expended. 95TH CONGRESS 2D SESSION H. R. 13049 IN THE HOUSE OF REPRESENTATIVES JUNE 8, 1978 Mr. EVANS of Colorado introduced the following bill; which was referred jointly to the Committees on Interior and Insular Affairs and Interstate and Foreign Commerce A BILL To authorize the Secretary of Energy to enter into cooperative arrangements with the States to contain and to reduce potential radiation exposure from residual radioactive materials, and for other purposes. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 4 SHORT TITLE AND TABLE OF CONTENTS SECTION 1. This Act may be cited as the "Residual 5 Radioactive Materials Act of 1978". TABLE OF CONTENTS Sec. 1. Short title and table of contents. Sec. 2. Responsibility to assist States. Sec. 3. Definitions. Sec. 4. Cooperative arrangements. I 2 1 2 TABLE OF CONTENTS—Continued Sec. 6. Indian lands. Sec. 7. Department of Energy rules and regulations. Sec. 8. Nuclear Regulatory Commission standards and criteria. Sec. 10. Authorization. RESPONSIBILITY TO ASSIST STATES SEC. 2. The Congress recognizes and assumes the re3 sponsibility of the United States to assist the States in limit4 ing the exposure of the public to radiation emanating from 5 residual radioactive materials from former uranium ore proc6 essing sites. Such assistance shall be provided to the States 7 of Arizona, Colorado, Idaho, New Mexico, Oregon, Texas, 8 Utah, Wyoming, Pennsylvania, and any other State deter 9 mined by the Secretary of Energy to be affected by such 10 exposure. DEFINITIONS SEC. 3. As used in this Act (1) The term "processing site" means a site on which uranium ore was processed except that such term does not include a site (A) where no uranium was produced for sale under contracts of the United States Government; (B) where the site was owned on January 1, 1978, by the United States Government or any agency or department thereof; or (C) where a license issued by the United |