Page:United States Statutes at Large Volume 119.djvu/826

 119 STAT. 808

Deadline.

VerDate 14-DEC-2004

08:19 Oct 26, 2006

PUBLIC LAW 109–58—AUG. 8, 2005

disposed of under this section shall not be considered to be lowlevel radioactive waste for the purposes of— ‘‘(1) section 2 of the Low-Level Radioactive Waste Policy Act (42 U.S.C. 2021b); or ‘‘(2) carrying out a compact that is— ‘‘(A) entered into in accordance with that Act (42 U.S.C. 2021b et seq.); and ‘‘(B) approved by Congress.’’. (B) DEFINITION OF LOW-LEVEL RADIOACTIVE WASTE.— Section 2(9) of the Low-Level Radioactive Waste Policy Act (42 U.S.C. 2021b(9)) is amended— (i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting the clauses appropriately; (ii) in the matter preceding clause (i) (as redesignated by subparagraph (A)) by striking ‘‘The term’’ and inserting the following: ‘‘(A) IN GENERAL.—The term’’; and (iii) by adding at the end the following: ‘‘(B) EXCLUSION.—The term ‘low-level radioactive waste’ does not include byproduct material (as defined in paragraphs (3) and (4) of section 11 e. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)).’’. (4) FINAL REGULATIONS.— (A) REGULATIONS.— (i) IN GENERAL.—Not later than 18 months after the date of enactment of this Act, the Commission, after consultation with States and other stakeholders, shall issue final regulations establishing such requirements as the Commission determines to be necessary to carry out this section and the amendments made by this section. (ii) INCLUSIONS.—The regulations shall include a definition of the term ‘‘discrete source’’ for purposes of paragraphs (3) and (4) of section 11 e. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)) (as amended by paragraph (1)). (B) COOPERATION.—In promulgating regulations under paragraph (1), the Commission shall, to the maximum extent practicable— (i) cooperate with States; and (ii) use model State standards in existence on the date of enactment of this Act. (C) TRANSITION PLAN.— (i) DEFINITION OF BYPRODUCT MATERIAL.—In this paragraph, the term ‘‘byproduct material’’ has the meaning given the term in paragraphs (3) and (4) of section 11 e. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)) (as amended by paragraph (1)). (ii) PREPARATION AND PUBLICATION.—To facilitate an orderly transition of regulatory authority with respect to byproduct material, the Commission, in issuing regulations under subparagraph (A), shall prepare and publish a transition plan for— (I) States that have not, before the date on which the plan is published, entered into an agreement with the Commission under section 274 b.

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