Page:United States Statutes at Large Volume 92 Part 3.djvu/405

 PUBLIC LAW 95-604^NOV. 8, 1978 "byproduct materials" in paragraph (1) by renumbering paragraphs (2) and (3) as paragraphs (3) and (4); and by inserting the following new paragraph immediately after paragraph (1): "(2) byproduct materials as defined in section 11 e. (2);". (b) Section 274 d. (2) of such Act is amended by inserting the following before the word "compatible": "in accordance with the requirements of subsection o. and in all other respects". (c) Section 274 n. of such Act is amended by adding the following new sentence at the end thereof: "As used in this section, the term 'agreement' includes any amendment to any agreement.". (d) Section 274 j. of such Act is amended— (1) by inserting "all or part of" after "suspend"; (2) by inserting " (1)" after "finds that"; and (3) by adding at the end before the period the following: ", or (2) the State has not coinplied with one or more of the requirements of this section. The Commission shall periodically review such agreements and actions taken by the States under the agreements to ensure compliance with the provisions of this section.". (e)(1) Section 274 of such Act is amended by adding the following new subsection at the end thereof: "o. In the licensing and regulation of byproduct material, as defined in section 11 e. (2) of this Act, or of any activity which results in the production of byproduct material as so defined under an agreement entered into pursuant to subsection b., a State shall require— "(1) compliance with the requirements of subsection b. of section 83 (respecting ownership of byproduct material and land), and "(2) compliance with standards which shall be adopted by the State for the protection of the public health, safety, and the environment from hazards associated with such material which are equivalent, to the extent practicable, or more stringent than, standards adopted and enforced by the Commission for the same purpose, including requirements and standards promulgated by the Commission and the Administrator of the Environmental Protection Agency pursuant to sections 83, 84, and 275, and "(3) procedures which— "(A) in the case of licenses, provide procedures under State law which include— "(i) an opportunity, after public notice, for written comments and a public hearing, with a transcript, "(ii) an opportunity for cross examination, and "^iii) a written determination which is based upon findmgs included in such determination and upon the evidence presented during the public comment period and which is subject to judicial review; "(B) in the case of rulemaking, provide an opportunity for public participation through written comments or a public hearing and provide for judicial review of the rule; "(C) require for each license which has a significant impact on the human environment a written analysis (which shall be available to the public before the commencement of any such proceedings) of the impact of such license, including any activities conducted pursuant thereto, on the environment, which analysis shall include—

92 STAT. 3037

Ante, p. 3033. 42 USC 2021.

"Agreement."

Review,

r

Ante, p. 3033. Post, p. 3039.

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