§ 2114. Authorities of Commission respecting certain byproduct material

Footnotes

1. 1 So in original.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1946

   Pub. L. 95–604 title II § 205(a) · 92 Stat. 3021

   Enacted · 42 U.S.C. § 2114

   Aug. 1, 1946, ch. 724, title I, § 84, as added Pub. L. 95–604, title II, § 205(a), Nov. 8, 1978, 92 Stat. 3039

   Source evidence

   Code source credit
   Aug. 1, 1946, ch. 724, title I, § 84, as added Pub. L. 95–604, title II, § 205(a), Nov. 8, 1978, 92 Stat. 3039

   Enacted provision · exact public law section
   (a) Chapter 8 of the Atomic Energy Act of 1954, is amended by adding the following new section at the end thereof: “Sec. 84. Authorities of Commission Respecting Certain Byproduct Material.— “a. The Commission shall insure that the management of any byproduct material, as defined in section 11e. (2), is carried out in such 42 USC 2014. manner as— “(1) the Commission deems appropriate to protect the public health and safety and the environment from radiological and nonradiological hazards associated with the processing and with the possession and transfer of such material, “(2) conforms with applicable general standards promulgated by the Administrator of the Environmental Protection Agency under section 275, and Infra. “(3) conforms to general requirements established by the Commission, with the concurrence of the Administrator, which are, to the maximum extent practicable, at least comparable to requirements applicable to the possession, transfer, and disposal of similar hazardous material regulated by the Administrator under the Solid Waste Disposal Act, as amended. 42 USC 6901 note. Rule, regulation or order. “b. In carrying out its authority under this section, the Commission is authorized to— “(1) by rule, regulation, or order require persons, officers, or instrumentalities exempted from licensing under section 81 of this Act to conduct monitoring, perform remedial work, and to 42 USC 2111. comply with such other measures as it may deem necessary or desirable to protect health or to minimize danger to life or property, and in connection with the disposal or storage of such byproduct material; and “(2) make such studies and inspections and to conduct such monitoring as may be necessary. Any violation by any person other than the United States or any Civil penalty, officer or employee of the United States or a State of any rule, regulation, or order or licensing provision, of the Commission established under this section or section 83 shall be subject to a civil penalty in Ante, p. 3033. the same manner and in the same amount as violations subject to a civil penalty under section 234. Nothing in this section affects any 42 USC 2282. authority or the Commission under any other provision of this Act.”.

2. 1983

   Pub. L. 97–415 § 22(a) · 96 Stat. 2067

   Inserted · 42 U.S.C. § 2114(a)(1)

   Pub. L. 97–415, § 22(a), inserted provision that the Commission is to take into account the risk to the public health, safety, and the environment, with due consideration of the economic costs and such other factors as the Commission determines to be appropriate

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 97–415, § 22(a), inserted provision that the Commission is to take into account the risk to the public health, safety, and the environment, with due consideration of the economic costs and such other factors as the Commission determines to be appropriate.

   Enacted provision · exact public law section
   (a) Section 84 a. (1) of the Atomic Energy Act of 1954 is amended by inserting before the comma at the end thereof the following: “, taking into account the risk to the public health, safety, and the environment, with due consideration of the economic costs and such other factors as the Commission determines to be appropriate,”.

3. 1983

   Pub. L. 97–415 § 20 · 96 Stat. 2067

   Added · 42 U.S.C. § 2114(c)

   Pub. L. 97–415, § 20, added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 97–415, § 20, added subsec. (c).

   Enacted provision · exact public law section
   Sec. 20. amendment to section 84 Section 84 of the Atomic Energy Act of 1954 is amended Alternative proposal by licensees. 42 USC 2114. by adding the following at the end thereof: “c. In the case of sites at which ores are processed primarily for their source material content or which are used for the disposal of byproduct material as defined in section 11 e. (2), a licensee may 42 USC 2014. propose alternatives to specific requirements adopted and enforced by the Commission under this Act. Such alternative proposals may take into account local or regional conditions, including geology, topography, hydrology and meteorology. The Commission may treat such alternatives as satisfying Commission requirements if the Commission determines that such alternatives will achieve a level of stabilization and containment of the sites concerned, and a level of protection for public health, safety, and the environment from radiological and nonradiological hazards associated with such sites, which is equivalent to, to the extent practicable, or more stringent than the level which would be achieved by standards and requirements adopted and enforced by the Commission for the same purpose and any final standards promulgated by the Administrator of the Environmental Protection Agency in accordance with section 275.”. 42 USC 2022.

3 of 3 references resolved to an enrolled provision