The text of the bill below is as of Nov 23, 1988 (Passed Congress).
You are reading a bill enacted 12,726 days ago. In the intervening time subsequent legislation may have amended or repealed the provisions below.
PUBLIC LAW 100-712—NOV. 23, 1988 102 STAT. 4773
Public Law 100-712
100th Congress
An Act
To grant the consent of the Congress to the Southwestern Low-Level Radioactive Nov. 23, 1988
Waste Disposal Compact. [H.R. 5232]
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, Southwestern
Low-Level
SECTION 1. SHORT TITLE. Radioactive
Waste Disposal
This Act may be cited as the "Southwestern Low-Level Radio- Compact
active Waste Disposal Compact Consent Act". Consent Act.
Environmental
SEC. 2. CONGRESSIONAL FINDING. protection.
42 u s e 2021d
The Congress finds that the compact set forth in section 5 is in note.
furtherance of the Low-Level Radioactive Waste Policy Act. 42 u s e 2021d
note.
SEC. 3. CONDITIONS OF CONSENT TO COMPACT. 42 u s e 2021d
note.
The consent of the Congress to the compact set forth in section 5—
(1) shall become effective on the date of the enactment of this
Act;
(2) is granted subject to the provisions of the Low-Level
Radioactive Waste Policy Act; and
(3) is granted only for so long as the regional commission
established in the compact complies with all of the provisions of
such Act.
SEC. 4. CONGRESSIONAL REVIEW. 42 u s e 2021d
note.
The Congress may alter, amend, or repeal this Act with respect to
the compact set forth in section 5 after the expiration of the 10-year
period following the date of enactment of this Act, and at such
intervals thereafter as may be provided in such compact.
SEC. 5. SOUTHWESTERN LOW-LEVEL RADIOACTIVE WASTE COMPACT. State listing.
In accordance with section 4(aX2) of the Low-Level Radioactive
Waste Policy Act (42 U.S.C. 2021d (aX2)), the consent of Congress is
given to the states of Arizona, California, and any eligible states, as
defined in article VII of the Southwestern Low-Level Radioactive
Waste Disposal Compact, to enter into such compact. Such compact
is substantially as follows:
ARTICLE I.—COMPACT POUCY AND FORMATION
The party states hereby find and declare all of the following:
(A) The United States Congress, by enacting the Low-Level
Radioactive Waste Policy Act, Public Law 96-573, as amended
by the Low-Level Radioactive Wciste Policy Amendments Act of
1985 (42 U.S.C. sec. 2021b to 2021j, incl.), has encouraged the use
of interstate compacts to provide for the establishment and
operation of facilities for r ^ o n a l management of low-level
radioactive waste.
102 STAT. 4774 PUBLIC LAW 100-712—NOV. 23, 1988
(B) It is the purpose of this compact to provide the means for
such a cooperative effort between or among partjr states to
protect the citizens of the states and the states environments.
(C) It is the policy of party states to this compact to encourage
the reduction of the volume of low-level radioactive waste
requiring disposal within the compact region.
Safety. (D) It is the policy of the party states that the protection of
the health and safety of their citizens and the most ecological
and economical management of low-level radioactive wastes can
be accomplished through cooperation of the states by minimiz-
ing the amount of handling and transportation required to
dispose of these wastes and by providing facilities that serve the
compact region.
(E) Each party state, if an a^eement state pursuant to sec-
tion 2021 of title 42 of the United States Code, or the Nuclear
Regulatory Commission if not an agreement state, is responsible
for the primary regulation of radioactive materials within its
jurisdiction.
ARTICLE II.—DEFINITIONS
As used in this compact, unless the context clearly indicates
otherwise, the following definitions apply:
(A) "Commission" means the Southwestern Low-Level Radio-
active Waste Commission established in article III of this
compact.
(B) "Compact re^on" or "region" means the combined geo-
graphical area within the boundaries of the party states.
(C) "Disposal" means the jiermanent isolation of low-level
radioactive waste pursuant to requirements established by the
Nuclear Regulatory Commission and the Environmental Protec-
tion Agency under applicable laws, or by a party state if the
state hosts a disposal facility.
(D) "Generate," when used in relation to low-level radioactive
waste, means to produce low-level radioactive waste.
(E) "Generator" means a person whose activity, excluding the
memagement of low-level radioactive waste, results in the
production of low-level radioactive waste.
(F) "Host county" means a county, or other similar political
subdivision of a party state, in which a regional disposal facility
is located or being developed.
(G) "Host state" means a party state in which a regional
disposal facility is located or being developed. The state of
California is the host state under this compact for the first
thirty years from the date the California regional disposal
facility commences operations.
(H) "Institutional control period" means that period of time
in which the facility license is transferred to the disposal site
owner in compliance with the appropriate regulations for long-
term observation and maintenance following the postclosure
period.
(I) "Low-level radioactive waste" means regulated radioactive
material that meets all of the following requirements:
(1) The waste is not high-level radioactive waste, spent
nuclear fuel, or by-product material (as defined in section
lle(2) of the Atomic Energy Act of 1954 (42 U.S.C. sec.
2014(eX2))).
(2) The waste is not uranium mining or mill tailings.
PUBLIC LAW 100-712—NOV. 23, 1988 102 STAT. 4775
(3) The waste is not any waste for which the Federal
Government is responsible pursuant to subdivision (b) of
section 3 of the Low-Level Radioactive Waste Policy
Amendments Act of 1985 (42 U.S.C. sec. 2021c(b)).
(4) The waste is not an alpha emitting transuranic nu-
clide with a half-life greater than five years and with a
concentration greater than one hundred nanocuries per
gram, or plutonium-241 with a concentration greater than
three thousand five hundred nanocuries per gram, or
curium-242 with a concentration greater than twenty thou-
sand nanocuries per gram.
(J) "Management" means collection, consolidation, storage,
packaging, or treatment.
(K) Msgor generator state" means a party state which gen-
erates 10 percent of the total amount of low-level radioactive
waste produced within the compact region and disposed of at
the regional disposal facility. If no party state other than
California generates at least ten percent of the total amount,
"Mcgor generator state" means the party state which is second
to California in the amount of waste produced within the
compact region and disposed of at the regional disposal facility.
(L) "Operator" means a person who operates a regional dis-
posal facility.
(M) "Party state" means any state that has become a party in
accordance with article VII of this compact.
(N) "Person" means an individual, corporation, partnership,
or other legal entity, whether public or private.
(0) "Postclosure period" means that period of time after
completion of closure of a disposal facility during which the
licensee shall observe, monitor, £uid carry out necessary mainte-
nance and repairs at the disposal facility to assure that the
disposal facility will remain stable and will not need ongoing
active maintenance. This period ends with the beginning of the
institutional control period.
(P) "Regional dispc^al facility" means a non-Federal low-level
radioactive waste disposal facility established and operated
under this compact.
(Q) "Site closure and stabilization" means the activities of the
disposal facility operator taken at the end of the disposal facili-
ty's operating life to assure the continued protection of the
public from any residual radioactive or other potential hazards
present at the disposal facility.
(R) "Transporter" means a person who transports low-level
radioactive waste.
(S) "Uranium mine and mill tailings" means waste resulting
from mining and processing of ores containing uranium.
ARTICLE III.—THE COMMISSION
(a) There is hereby established the Southwestern Low-Level Radio- Establishment.
active Waste Commission.
(1) The Commission shall consist of one voting member from
each party state to be appointed by the governor, confirmed by
the senate of that party state, and to serve at the pleasure of the
governor of each party state, and one voting member from the
host county. The appointing authority of each party state shall
notify the Commission in writing of the identity of the member
19-194 0-91—Part 5 25 : QL 3
102 STAT. 4776 PUBLIC LAW 100-712—NOV. 23, 1988
and of any alternates. An alternate may act in the member's
absence.
(2) The host state shall also appoint that number of additional
voting members of the commission which is necessary for the
host state's members to compose at least 51 percent of the
membership on the Commission. The host state's additional
members shall be appointed by the host state governor and
confirmed by the host state senate.
If there is more than one host state, only the state in which is
located the regional disposal facility actively accepting low-level
radioactive waste pursuant to this compact may appoint these
additional members.
(3) If the host county has not been selected at the time the
commission is appointed, the governor of the host state shall
appoint an interim local government member, who shall be an
elected representative of a local government. After a host
county is selected, the interim local government member shall
resign and the governor shall appoint the host county member
pursuant to paragraph (4).
(4) The governor shall appoint the host county member from a
list of at least seven candidates compiled by the board of
supervisors of the host county.
(5) In recommending and appointing the host county member
pursuant to paragraph (4), the board of supervisors and the
governor shall give first consideration to recommending and
appointing the members of the board of supervisors in whose
district the regional disposal facility is located or being devel-
oped. If the board of supervisors of the host county does not
provide a list to the governor of at least seven candidates from
which to choose, the governor shall appoint a resident of the
host county as the host county member.
(6) The host county member is subject to confirmation by the
senate of that party and shall serve at the pleasure of the
governor of the host state.
(b) The Commission is a legal entity separate and distinct from the
party states and shall be so liable for its actions. Members of the
Commission shall not be personally liable for actions taken in their
official capacity. The liabilities of the commission shall not be
deemed liabilities of the party states.
(c) The Commission shall conduct its business affairs pursuant to
the laws of the host state and disputes arising out of Commission
action shall be governed by the laws of the host state. The Commis-
sion shall be located in the capital city of the host state in which the
regional disposal facility is located.
Records. (d) The Commission's records shall be subject to the host state's
Public public records law, and the meetings of the Commission shall be
information. open and public in accordance with the host state's open meeting
law.
(e) The Commission members are public officials of the appointing
state and shall be subject to the conflict of interest laws, as well as
any other law, of the appointing state. The Commission members
shall be compensated according to the appointing state's law.
(f) Each Commission member is entitled to one vote. A majority of
the Commission constitutes a quorum. Unless otherwise provided in
this capacity, a majority of the total number of votes on the Commis-
sion is necessary for the Commission to take any action.
(g) The Commission has all of the following duties and authority:
JM^*)*
PUBLIC LAW 100-712—NOV. 23, 1988 102 STAT. 4777
(1) The Commissioii shall do, pursuant to the authority
granted by this compact, whatever is reasonably necessary to
ensure that low-level radioactive wastes are safely disposed of
and managed within the r ^ o n .
(2) The Commission shall meet at least once a year and
otherwise as business requires.
(3) The Commission shall establish a compact surcharge to be
imposed upon party state generators. The surcharge shall be
based upon the cubic feet of low-level radioactive waste and the
radioactivity of the low-level radioactive waste and shall be
collected by the operator of the disposal facility.
Tlie host state shall set, and the Commission shall impose, the
surcharge after congressional approval of the compact. The amount
of the surchaige shall be sufficient to establish and maintain at a
reasonable level funds for all of the following purposes:
(A) The activities of the Commission and Commission staff.
(B) At the discretion of the host state, a third-party liability
fund to provide compensation for ii\jury to persons or property
during tiie operational, closure, stabilization, and postclosure
and institutional control periods of the regional disposal facility.
This subparagraph does not limit the responsibili^ or liability
of the operator, who shall comply with any federal or host state
statutes or r^ulations r^arding third-party liability claims.
(C) A local government reimbursement fund, for the purpose
of reimbursing the local government entity or entities hosting
the r ^ o n a l disposal faciUty for any costs or increased burdens
on the local governmental entity for services, including, but not
limited to, general fund expenses, the improvement and mainte-
nance of roads and bridges, fire protection, law enforcement,
monitoring by local health of&dals, and emergen^r preparation
and response related to the hosting of the r ^ o n a l disposal
facility.
(4) The surcharges imposed by the Commission for purposes of
subparagraphs (b) and (c) of paragraph (3) and surcharges
pursuant to paragraph (3) of subdivision (E) of article IV shall
be transmitted on a monthly basis to the host state for distribu-
tion to the proper accounts.
(5) The Commission shall establish a fiscal year which con-
forms to the fiscal years of the party states to the extent
possible.
(6) The Commission shall keep an accurate account of all Records
receipts and disbursements. An annual audit of the books of the
Commission shall be conducted by an independent certified
pubhc accountant, and the audit report shall be made a part of
the annual report of the Commission.
(7) The Commission shall prepare and include in the annual Reports.
report a budget showing anticipated receipts and disbursements
for the subsequent fiscal year.
(8) The Commission may accept any grants, equipment, sup- Gifts and
plies, materials, or services, conditional or otherwise, from the property.
federal or state government. The nature, amount and condition,
if any, of any donation, grant, or other resources accepted
pursuant to this paragraph and the identity of the donor or
grantor shall be detailed in the annual report of the
Commission.
However, the host state shall receive, for the uses specified in
subparagraph (E) of paragraph (2) of subsection (d) of section
102 STAT. 4778 PUBLIC LAW 100-712—NOV. 23, 1988
2021e of title 42 of the United States Code, any payments paid
from the special escrow account for which the Secretary of
Energy is trustee pursuant to subparagraph (A) of paragraph (2)
of subsection (d) of section 2021e of title 42 of the United States
Code.
Reports. (9) The Commission shall submit communications to the gov-
ernors to the presiding officers of the legislatures of the party
States r^arding the activities of the Commission, including an
annual report to be submitted on or before January 15 of each
year. The Commission shall include in the annual report a
review of, and reconmiendations for, low-level radioactive waste
disposal methods which are alternative technol(^es to the
shsdlow land burial of low-level radioactive waste.
Public (10) The Conmiission shall assemble and make available to
information. the party states, and to the pubUc, information concerning low-
level radioactive waste management needs, technologies, and
problems.
Records. (11) The (Commission shall keep a current inventory of all
generators within the r ^ o n , based upon information provided
by the party states.
Records. (12) The Commission shall keep a current inventory of all
regional disposal facihties, inclucQng information on the size,
capacity, location, specific low-level radioactive wastes capable
of being managed, and the projected useful life of each regional
disposal facility.
(13) The Conunission may establish advisory committees for
the purpose of advising the Commission on the disposal and
management of low-level radioactive waste.
(14) The O>nunission may enter into contracts to carry out its
duties and authority, subject to projected resources. No contract
made by the Conunission shall bind a party stete.
(15) The Commission shall prepare contingency plans, with
the cooperation and approval of the host stet^, for the disposal
and management of low-level radioactive waste in the event
that any regional disposal facility should be closed.
(16) The Commission may sue and be sued and, when au-
thorized by a majority vote of the members, may seek to inter-
vene in an administrative or judicial proceeding related to this
compact.
(17) The Commission shall be managed by an appropriate
stsiff, including an executive director. Notwithstanding any
other provision of law, the Commission may hire or retain, or
boti^ l ^ a l counsel.
(18) The Commission may, subject to applicable federal and
state laws, recommend to ^e appropriate host state authority
suitable land and raU transportation routes for low-level radio-
active waste carriers.
(19) The Commission may enter into an agreement to import
low-level radioactive waste into the r ^ o n only if both of the
following requirements are met—
(a) The Commission approves the importation agreement
by a two-thirds vote of the Commission.
(b) The Commission and the host stete assess the affected
r ^ o n a l disposal facilities' capability to handle imported
low-level rsuiioactive wastes and any relevant environ-
mental or economic factors, as defined by the host stete's
appropriate r^ulatory authorities.
PUBLIC LAW 100-712—NOV. 23, 1988 102 STAT. 4779
(20) The Ck)mmission may, upon petition, allow an individual
generator, a group of generators, or the host state of the com-
pact, to export low-level radioactive wastes to a low-level radio-
active waste disposal facility located outside the region. The
Commission may approve the petition only by a two-thirds vote
of the Commission. The permission to export low-level racUo-
active wastes shall be effective for that period of time and for
the amount of low-level radioactive waste, and subject to any
other term or condition, which may be determined by the
Commission.
(21) The Commission may approve, only by a two-thirds vote
of the Commission, the exportation outside the region of mate-
rial, which otherwise meets the criteria of low-level radioactive
waste, if the sole purpose of the exportation is to process the
material for recycling.
(22) The Commission shall, not later than 10 years before the
closure of the initial or subsequent regional disposal facility,
prepare a plan for the establishment of the next regional dis-
posal facility.
ARTICLE IV.—RIGHTS, RESPONSIBILITIES, AND OBUGATIONS OF PARTY
STATES
(A) There shall be regional disposal facilities sufficient to dispose
of the low-level radioactive waste generated within the region.
(B) Low-level radioactive waste generated within the region shsdl
be (hsposed of at regional disposal facilities and each party state
shall have access to any regional disposal facility without
discrimination.
(CXD Upon the effective date of this compact, the state of Califor-
nia shall serve as the host state and shall comply with the require-
ments of subdivision (E) for at least 30 years from the date the
regional disposal facility begins to accept low-level radioactive waste
for disposal. The extension of the obligation and duration shall be at
the option of the state of California.
If the state of California does not extend this obligation, the party
state, other than the state of California, which is the largest major
generator state shall then serve as the host state for the second
regional disposal facility.
The obligation of a host state which hosts the second regional
disposal facility shall also run for thirty years from the date the
second regional disposal facility begins operations.
(2) The host state may close its regional disposal facility when Safety.
necessary for public health or safety.
(D) The party states of this compact cannot be members of another
regional low-level radioactive waste compact entered into pursuant
to the Low-Level Radioactive Waste Policy Act, as amended by the
Low-Level Radioactive Waste Policy Amendments Act of 1985 (42
U.S.C. sees. 2021b to 2021j, incl.).
(E) A host state shall do all of the following:
(1) Cause a regional disposal facility to be developed on a
timely basis.
(2) Ensure by law, consistent with any applicable federal laws. Safety.
the protection and preservation of public health and safety in
the siting, design, development, licensing, regulation, operation,
closure, decommissioning, and long-term care of the regionsd
disposal facilities within the state.
102 STAT. 4780 PUBLIC LAW 100-712—NOV. 23, 1988
(3) Ensure that charges for disposal of low-level radioactive
waste at the r ^ o n a l disposal facility are reasonably sufKcient
to do all of the following:
(a) E2nsure the safe disposal of low-level radioactive waste
and long-term care of the regional disposal facility.
(b) Pay for the cost of inspection, enforcement, and
surveillance activities at the r ^ o n a l disposal facility.
(c) Assure that charges are assessed without discrimina-
tion as to the party state of origin.
Reports. (4) Submit an annual report to the Commission on the status
of tlie r ^ o n a l disposal facility including projections of the
facility's anticipated ^ture capacity.
(5) The host state and the operator shall notify the Commis-
sion immediately upon the occurrence of any event which could
cause a possible temporary or permanent closure of a r ^ o n a l
disposal facility.
Commerce (f) Each party state is subject to the following duties and
and trade. authority:
Transportation. (1) To the extent authorized by federal law, each party state
Utilities.
shadl develop and enforce procedures requiring low-level radio-
active waste shipments originating within its borders and des-
tined for a r ^ o n a l disposal facility to conform to packaging
and transportation requirements and regulations. These proce-
dures shall include, but are not limited to, all of the following
requirements:
(a) Periodic inspections of packaging and shipping
practices.
(b) Periodic inspections of low-level radioactive waste
containers while in the custody of transporters.
(c) Appropriate enforcement actions with respects to
violations.
(2) A party state may impose a surcharge on the low-level
radioactive waste generators within the state to pay for activi-
ties required by paragraph (1).
(3) To the extent authorized by federal law, each party state
shall, after receiving notification from a host state that a person
in a party state has violated packaging, shipping, or transpor-
tation requirements or r^^ations, take appropriate actions to
ensure that these violations do not continue. Appropriate ac-
tions may include, but are not limited to, requiring that a bond
be posted by the violator to pay the cost of repackaging at the
r ^ o n a l disposal facility and prohibit future shipments to the
r ^ o n a l disposal facility.
Records. (4) Each party state shall maintain a registry of all generators
within the state that may have low-level radioactive waste to be
disposed of at a r ^ o n a l disposal facility, including, but not
limited to, the amount of low-level radioactive waste and the
class of low-level radioactive waste generated by each generator.
(5) Each party state shall encourage generators within its
borders to minimize the volume of low-level radioactive waste
requiring disposal.
(6) Each party state may rely on the good faith performance of
the other party states to perform those acts which are required
by this compact to provide regional disposal facilities, including
the use of t^e r ^ o n a l disposal facilities in a manner consistent
with this compact.
PUBLIC LAW 100-712—NOV. 23, 1988 102 STAT. 4781
(7) Each party state shall provide the Commission with any
data and iniformation necessary for the implementation of the
Conmiission's responsibilities, including taking those actions
necessary to obtain this data or information.
(8) E ^ h party state shall agree that only low-level radioactive
waste generated within the jurisdiction of the party states shall
be disposed of in the regional disposal facili^, except as pro-
vided in paragraph (19) of subdivision (G) of article m .
(9) E<ach party state shall agree that if there is any ii^jury to
persons or property resulting from the operation of a regional
disposal faolity, the damages resulting fh>m the ii\jury may be
paid from the third-party liability fimd pursuant to subpara-
graph (b) of paragraph (3) of subdivision (G) of article m , only to
the extent that t]be damages exceed the limits of liability insur-
ance carried by the operator. No party state, by joining this
compact, assumes any liability resulting from the siting, oper-
ation, maintenance, long-term care, or other activity relating to
a r ^ o n a l facility, and no party state shall be liable for any
harm or damage resulting from a regional facility not located
within the state.
ABnCLB V.—^APPROVAL OF REGIONAL FAdLTTIES
A i ^ o n a l disposal facility shall be approved by the host state in
accordance with its laws. This compact does not confer any author-
ity on the Commission r^arding the siting, design, development,
licensing, or other r^ulation, or the operation, closure, decommis-
sioning, or long-term care of, any r ^ o n a l disposal facility within a
party state.
ABnCLB VI.—FBOUIIUTKD ACTS AND PENALTIES
(A) No person shall dispose of low-level radioactive waste within
the r ^ o n unless the disposal is at a regional disposal facility,
except as otherwise provided in paragraphs (20) and (21) of subdivi-
sion (G) of article IIL
(B) No person shall dispose of or manage any low-level radioactive
waste within the r ^ o n unless the low-level radioactive waste was
generated within the r ^ o n , except as provided in paragraphs (19),
(20), and (21) of subdivision (G) of article m .
(C) Violations of this section shall be reported to the appropriate
law enforcement agency within the party state's jurisdiction.
(D) Violations of this section may result in prohibiting the violator
from disposing of low-level ladioactive waste in the regional disposal
tadihty, as determined by the Commission or the host stete.
Axnax vn.—suGraniTT, ENTRY INTO EFFECT, CONGRESSIONAL
CONSENT, WITHDRAWAL, EXCLUSION
(A) The states of Arizona, North Dakota, South Dakota, and
CsQifomia are eligible to become parties to this compact. Any other
state may be made eligible by a majority vote of the commission and
ratification by the l^islatures of all of the party states by stetute,
and upon compliance with those terms and conditions for eligibility
^diich the host state may establish. The host stete may establish all
terms and ocmditions for the entry of any stete, other than the stetes
named in this subparagraph, as a member of this compact.
102 STAT. 4782 PUBLIC LAW 100-712—NOV. 23, 1988
(B) Upon compliance with the other provisions of this compact, an
eligible state may become a party state by legislative enactment of
this compact or by executive order of the governor of the state
adopting this compact. A state becoming a party state by executive
order shall cease to be a party state upon adjournment of the first
general session of its legislature convened after the executive order
is issu^, unless before the adjournment the legislature enacts this
compact.
(C) A party state, other than the host state, may withdraw from
the compact by repealing the enactment of this compact, but this
withdrawal shall not become effective until two years after the
effective date of the repealing l^islation. If a party state which is a
major generator of low-level radioactive waste voluntarily with-
draws from the compact pursuant to this subdivision, that state
shall make arrangements for the disposal of the other party states'
low-level radioactive waste for a time period equal the period of time
it was a member of this compact.
If the host state withdraws from the compact, the withdrawal
shall not become effective until five years after the effective date of
the repealing legislation.
(D) A party state may be excluded from this compact by a two-
thirds vote of the Commission members, acting in a meeting, if the
state to be excluded has failed to carry out any obligations required
by compact.
Effective date. (E) lliis compact shall take effect upon the enactment by statute
by the legislatures of the state of C^ifomia and at least 1 other
eligible state and upon the consent of Congress and shall remain in
effect until otherwise provided by federal law. This compact is
subject to review by Congress and the withdrawal of the consent of
Congress every 5 years after its effective date, pursuant to federal
law.
ARTICLE VIII.—CONSTRUCTION AND SEVERABILITY
(A) The provisions of this compact shall be broadly construed to
carry out the purposes of the compact, but the sovereign powers of a
party state shall not be infringed unnecessarily.
(B) This compact does not affect any judicial proceeding pending
on the effective date of this compact.
(C) If any provision of this compact or the application thereof to
any person or circumstances is held invalid, that invalidity shall not
affect other provision or applications of the compact which can be
given effect without the invalid provision or application, and to this
end the provisions of this compact are severable.
(D) Nothing in this compact diminishes or otherwise impairs the
jurisdiction, authority, or discretion of either of the following:
(1) TTie Nuclear Regulatory Commission pursuant to the
Atomic Energy Act of 1954, as amended (42 U.S.C. sec. 2011 et
seq.).
(2) An agreement state under section 274 of the Atomic
Energy Act of 1954, as amended (42 U.S.C. sec. 2021).
(E) Nothing in this compact confers any new authority on the
states or Commission to do any of the following:
(1) Regulate the packaging or transportation of low-level
radioactive waste in a manner inconsistent with the regulations
PUBLIC LAW 100-712—NOV. 23, 1988 102 STAT. 4783
of the Nuclear Regulatory Ck)mmission or the United States
Department of Transportation.
(2) Regulate health, safety, or environmental hazards from
source, by-product, or special nuclear material.
(3) Inspect the activities of licensees of the agreement states
or of the Nuclear Regulatory Commission.
Approved November 23, 1988. r
LEGISLATIVE HISTORY—H.R. 5232:
HOUSE REPORTS: No. 100-931, Pt. 1 (Comm. on Interior and Insular Affairs) and
Pt. 2 (Comm. on Energy and Commerce).
CONGRESSIONAL RECORD, Vol. 134 (1988):
Sept. 26, considered and passed House.
Oct. 21, considered and passed Senate.
