Page:United States Statutes at Large Volume 119.djvu/825

 PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 807

the date of enactment of this paragraph for use for a commercial, medical, or research activity; or ‘‘(B) any material that— ‘‘(i) has been made radioactive by use of a particle accelerator; and ‘‘(ii) is produced, extracted, or converted after extraction, before, on, or after the date of enactment of this paragraph for use for a commercial, medical, or research activity; and ‘‘(4) any discrete source of naturally occurring radioactive material, other than source material, that— ‘‘(A) the Commission, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of Homeland Security, and the head of any other appropriate Federal agency, determines would pose a threat similar to the threat posed by a discrete source of radium-226 to the public health and safety or the common defense and security; and ‘‘(B) before, on, or after the date of enactment of this paragraph is extracted or converted after extraction for use in a commercial, medical, or research activity.’’. (2) AGREEMENTS WITH GOVERNORS.—Section 274 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2021(b)) is amended by striking ‘‘State—’’ and all that follows through paragraph (4) and inserting the following: ‘‘State: ‘‘(1) Byproduct materials (as defined in section 11 e.). ‘‘(2) Source materials. ‘‘(3) Special nuclear materials in quantities not sufficient to form a critical mass.’’. (3) WASTE DISPOSAL.— (A) DOMESTIC DISTRIBUTION.—Section 81 of the Atomic Energy Act of 1954 (42 U.S.C. 2111) is amended— (i) by striking ‘‘No person may’’ and inserting the following: ‘‘a. IN GENERAL.—No person may’’. (ii) by adding at the end the following: ‘‘b. REQUIREMENTS.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), byproduct material, as defined in paragraphs (3) and (4) of section 11 e., may only be transferred to and disposed of in a disposal facility that— ‘‘(A) is adequate to protect public health and safety; and ‘‘(B)(i) is licensed by the Commission; or ‘‘(ii) is licensed by a State that has entered into an agreement with the Commission under section 274 b., if the licensing requirements of the State are compatible with the licensing requirements of the Commission. ‘‘(2) EFFECT OF SUBSECTION.—Nothing in this subsection affects the authority of any entity to dispose of byproduct material, as defined in paragraphs (3) and (4) of section 11 e., at a disposal facility in accordance with any Federal or State solid or hazardous waste law, including the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). ‘‘c. TREATMENT AS LOW-LEVEL RADIOACTIVE WASTE.—Byproduct material, as defined in paragraphs (3) and (4) of section 11 e.,

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