Page:United States Statutes at Large Volume 94 Part 3.djvu/704

 94 STAT. 3348

PUBLIC LAW 96-573—DEC. 22, 1980

activities shall not be subject to compacts established under this Act or actions taken under such compacts. LOW-LEVEL RADIOACTIVE WASTE DISPOSAL State compacts regarding regional facilities. 42 USC 2021d.

Congressional consent.

Report to Congress and States.

SEC. 4. (a)(1) It is the policy of the Federal Government that— (A) each State is responsible for providing for the availability of capacity either within or outside the State for the disposal of low-level radioactive waste generated within its borders except for waste generated as a result of defense activities of the Secretary or Federal research and development activities; and (B) low-level radioactive waste can be most safely and efficiently managed on a regional basis. (2)(A) To carry out the policy set forth in paragraph (1), the States may enter into such compacts as may be necessary to provide for the establishment and operation of regional disposal facilities for lowlevel radioactive waste. (B) A compact entered into under subparagraph (A) shall not take effect until the Congress has by law consented to the compact. Each such compact shall provide that every 5 years after the compact has taken effect the Congress may by law withdraw its consent. After January 1, 1986, any such compact may restrict the use of the regional disposal facilities under the compact to the disposal of lowlevel radioactive waste generated within the region. (b)(1) In order to assist the States in carrying out the policy set forth in subsection (a)(1), the Secretary shall prepare and submit to Congress and to each of the States within 120 days after the date of the enactment of this Act a report which— (A) defines the disposal capacity needed for present and future low-level radioactive waste on a regional basis; (B) defines the status of all commercial low-level radioactive waste disposal sites and includes an evaluation of the license status of each such site, the state of operation of each site, including operating history, an analysis of the adequacy of disposal technology employed at each site to contain low-level radioactive wastes for their hazardous lifetimes, and such recommendations as the Secretary considers appropriate to assure protection of the public health and safety from wastes transported to such sites; (C) evaluates the transportation requirements on a regional basis and in comparison with performance of present transportation practices for the shipment of low-level radioactive wastes, including an inventory of types and quantities of low-level wastes, and evaluation of shipment requirements for each type of waste and an evaluation of the ability of generators, shippers, and carriers to meet such requirements; and (D) evaluates the capability of the low-level radioactive waste disposal facilities owned and operated by the Department of Energy to provide interim storage for commercially generated low-level waste and estimates the costs associated with such interim storage.

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