§2021b. Definitions
For purposes of sections 2021b to 2021j of this title:
(1) Agreement State
The term "agreement State" means a State that-
(A) has entered into an agreement with the Nuclear Regulatory Commission under section 2021 of this title; and
(B) has authority to regulate the disposal of low-level radioactive waste under such agreement.
(2) Allocation
The term "allocation" means the assignment of a specific amount of low-level radioactive waste disposal capacity to a commercial nuclear power reactor for which access is required to be provided by sited States subject to the conditions specified under sections 2021b to 2021j of this title.
(3) Commercial nuclear power reactor
The term "commercial nuclear power reactor" means any unit of a civilian light-water moderated utilization facility required to be licensed under section 2133 or 2134(b) of this title.
(4) Compact
The term "compact" means a compact entered into by two or more States pursuant to sections 2021b to 2021j of this title.
(5) Compact commission
The term "compact commission" means the regional commission, committee, or board established in a compact to administer such compact.
(6) Compact region
The term "compact region" means the area consisting of all States that are members of a compact.
(7) Disposal
The term "disposal" means the permanent isolation of low-level radioactive waste pursuant to the requirements established by the Nuclear Regulatory Commission under applicable laws, or by an agreement State if such isolation occurs in such agreement State.
(8) Generate
The term "generate", when used in relation to low-level radioactive waste, means to produce low-level radioactive waste.
(9) Low-level radioactive waste
(A) In general
The term "low-level radioactive waste" means radioactive material that-
(i) is not high-level radioactive waste, spent nuclear fuel, or byproduct material (as defined in section 2014(e)(2) of this title); and
(ii) the Nuclear Regulatory Commission, consistent with existing law and in accordance with paragraph (A), classifies as low-level radioactive waste.
(B) Exclusion
The term "low-level radioactive waste" does not include byproduct material (as defined in paragraphs (3) and (4) of section 2014(e) of this title).
(10) Non-sited compact region
The term "non-sited compact region" means any compact region that is not a sited compact region.
(11) Regional disposal facility
The term "regional disposal facility" means a non-Federal low-level radioactive waste disposal facility in operation on January 1, 1985, or subsequently established and operated under a compact.
(12) Secretary
The term "Secretary" means the Secretary of Energy.
(13) Sited compact region
The term "sited compact region" means a compact region in which there is located one of the regional disposal facilities at Barnwell, in the State of South Carolina; Richland, in the State of Washington; or Beatty, in the State of Nevada.
(14) State
The term "State" means any State of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
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Editorial Notes
Codification
Section was enacted as part of the Low-Level Radioactive Waste Policy Act, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.
Constitutionality
For information regarding the constitutionality of certain provisions of Low-Level Radioactive Waste Policy Act (sections 2021b to 2021j of this title), see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution.congress.gov.
Prior Provisions
A prior section 2021b,
Amendments
2005-Par. (9).
Statutory Notes and Related Subsidiaries
Short Title of 1986 Amendment
Short Title
A prior section 1 of