42 U.S.C. § 2022 | Health and environmental standards for uranium mill tailings

(a)

Promulgation and revision of rules for protection from hazards at inactive or depository sites

October 1, 198242 U.S.C. 7914(h)42 U.S.C. 7911 42 U.S.C. 7911 42 U.S.C. 6901October 1, 1982As soon as practicable, but not later than , the Administrator of the Environmental Protection Agency (hereinafter referred to in this section as the “Administrator”) shall, by rule, promulgate standards of general application (including standards applicable to licenses under section 104(h) of the Uranium Mill Tailings Radiation Control Act of 1978 []) for the protection of the public health, safety, and the environment from radiological and nonradiological hazards associated with residual radioactive materials (as defined in section 101 of the Uranium Mill Tailings Radiation Control Act of 1978 []) located at inactive uranium mill tailings sites and depository sites for such materials selected by the Secretary of Energy, pursuant to title I of the Uranium Mill Tailings Radiation Control Act of 1978 [ et seq.]. Standards promulgated pursuant to this subsection shall, to the maximum extent practicable, be consistent with the requirements of the Solid Waste Disposal Act, as amended [ et seq.]. In establishing such standards, the Administrator shall consider the risk to the public health, safety, and the environment, the environmental and economic costs of applying such standards, and such other factors as the Administrator determines to be appropriate. The Administrator may periodically revise any standard promulgated pursuant to this subsection. After , if the Administrator has not promulgated standards in final form under this subsection, any action of the Secretary of Energy under title I of the Uranium Mill Tailings Radiation Control Act of 1978 which is required to comply with, or be taken in accordance with, standards of the Administrator shall comply with, or be taken in accordance with, the standards proposed by the Administrator under this subsection until such time as the Administrator promulgates such standards in final form.

(b)

Promulgation and revision of rules for protection from hazards at processing or disposal sites

(1)

October 31, 1982section 2014(e)(2) of this titleOctober 1, 1983section 2014(e)(2) of this title section 2014(e)(2) of this title As soon as practicable, but not later than , the Administrator shall, by rule, propose, and within 11 months thereafter promulgate in final form, standards of general application for the protection of the public health, safety, and the environment from radiological and nonradiological hazards associated with the processing and with the possession, transfer, and disposal of byproduct material, as defined in , at sites at which ores are processed primarily for their source material content or which are used for the disposal of such byproduct material. If the Administrator fails to promulgate standards in final form under this subsection by , the authority of the Administrator to promulgate such standards shall terminate, and the Commission may take actions under this chapter without regard to any provision of this chapter requiring such actions to comply with, or be taken in accordance with, standards promulgated by the Administrator. In any such case, the Commission shall promulgate, and from time to time revise, any such standards of general application which the Commission deems necessary to carry out its responsibilities in the conduct of its licensing activities under this chapter. Requirements established by the Commission under this chapter with respect to byproduct material as defined in shall conform to such standards. Any requirements adopted by the Commission respecting such byproduct material before promulgation by the Commission of such standards shall be amended as the Commission deems necessary to conform to such standards in the same manner as provided in subsection (f)(3). Nothing in this subsection shall be construed to prohibit or suspend the implementation or enforcement by the Commission of any requirement of the Commission respecting byproduct material as defined in pending promulgation by the Commission of any such standard of general application. In establishing such standards, the Administrator shall consider the risk to the public health, safety, and the environment, the environmental and economic costs of applying such standards, and such other factors as the Administrator determines to be appropriate.

(2)

42 U.S.C. 6921Provided, however42 U.S.C. 6901 section 2014(e)(2) of this title section 2021(b)(2) of this title section 2014(e)(2) of this title Such generally applicable standards promulgated pursuant to this subsection for nonradiological hazards shall provide for the protection of human health and the environment consistent with the standards required under subtitle C of the Solid Waste Disposal Act, as amended [ et seq.], which are applicable to such hazards: , That no permit issued by the Administrator is required under this chapter or the Solid Waste Disposal Act, as amended [ et seq.], for the processing, possession, transfer, or disposal of byproduct material, as defined in . The Administrator may periodically revise any standard promulgated pursuant to this subsection. Within three years after such revision of any such standard, the Commission and any State permitted to exercise authority under shall apply such revised standard in the case of any license for byproduct material as defined in or any revision thereof.

(c)

Publication in Federal Register; notice and hearing; consultations; judicial review; time for petition; venue; copy to Administrator; record; administrative jurisdiction; review by Supreme Court; effective date of rule

(1)

Before the promulgation of any rule pursuant to this section, the Administrator shall publish the proposed rule in the Federal Register, together with a statement of the research, analysis, and other available information in support of such proposed rule, and provide a period of public comment of at least thirty days for written comments thereon and an opportunity, after such comment period and after public notice, for any interested person to present oral data, views, and arguments at a public hearing. There shall be a transcript of any such hearing. The Administrator shall consult with the Commission and the Secretary of Energy before promulgation of any such rule.

(2)

section 2112 of title 28 section 1254 of title 28 Judicial review of any rule promulgated under this section may be obtained by any interested person only upon such person filing a petition for review within sixty days after such promulgation in the United States court of appeals for the Federal judicial circuit in which such person resides or has his principal place of business. A copy of the petition shall be forthwith transmitted by the clerk of court to the Administrator. The Administrator thereupon shall file in the court the written submissions to, and transcript of, the written or oral proceedings on which such rule was based as provided in . The court shall have jurisdiction to review the rule in accordance with chapter 7 of title 5 and to grant appropriate relief as provided in such chapter. The judgement of the court affirming, modifying, or setting aside, in whole or in part, any such rule shall be final, subject to judicial review by the Supreme Court of the United States upon certiorari or certification as provided in .

(3)

Any rule promulgated under this section shall not take effect earlier than sixty calendar days after such promulgation.

(d)

Federal and State implementation and enforcement

section 2021(b)(2) of this titleoImplementation and enforcement of the standards promulgated pursuant to subsection (b) of this section shall be the responsibility of the Commission in the conduct of its licensing activities under this chapter. States exercising authority pursuant to shall implement and enforce such standards in accordance with subsection () of such section.

(e)

Other authorities of Administrator unaffected

section 2014(e)(2) of this title 42 U.S.C. 7401 33 U.S.C. 1251Nothing in this chapter applicable to byproduct material, as defined in , shall affect the authority of the Administrator under the Clean Air Act of 1970, as amended [ et seq.], or the Federal Water Pollution Control Act, as amended [ et seq.].

(f)

Implementation or enforcement of Uranium Mill Licensing Requirements

(1)

January 1, 1983October 3, 1980December 31, 1982 Prior to , the Commission shall not implement or enforce the provisions of the Uranium Mill Licensing Requirements published as final rules at 45 Federal Register 65521 to 65538 on (hereinafter in this subsection referred to as the “October 3 regulations”). After , the Commission is authorized to implement and enforce the provisions of such October 3 regulations (and any subsequent modifications or additions to such regulations which may be adopted by the Commission), except as otherwise provided in paragraphs (2) and (3) of this subsection.

(2)

Following the proposal by the Administrator of standards under subsection (b), the Commission shall review the October 3 regulations, and, not later than 90 days after the date of such proposal, suspend implementation and enforcement of any provision of such regulations which the Commission determines after notice and opportunity for public comment to require a major action or major commitment by licensees which would be unnecessary if—

(A)

the standards proposed by the Administrator are promulgated in final form without modification, and

(B)

the Commission’s requirements are modified to conform to such standards.

April 1, 1984section 2014(e)(2) of this titleSuch suspension shall terminate on the earlier of or the date on which the Commission amends the October 3 regulations to conform to final standards promulgated by the Administrator under subsection (b). During the period of such suspension, the Commission shall continue to regulate byproduct material (as defined in ) under this chapter on a licensee-by-licensee basis as the Commission deems necessary to protect public health, safety, and the environment.

(3)

Not later than 6 months after the date on which the Administrator promulgates final standards pursuant to subsection (b) of this section, the Commission shall, after notice and opportunity for public comment, amend the October 3 regulations, and adopt such modifications, as the Commission deems necessary to conform to such final standards of the Administrator.

(4)

section 2114 of this title Nothing in this subsection may be construed as affecting the authority or responsibility of the Commission under to promulgate regulations to protect the public health and safety and the environment.

Aug. 1, 1946, ch. 724 Pub. L. 95–604, title II, § 206(a)Nov. 8, 197892 Stat. 3039 Pub. L. 97–415Jan. 4, 198396 Stat. 2077 Pub. L. 102–486, title IX, § 902(a)(8)Oct. 24, 1992106 Stat. 2944(, title I, § 275, as added , , ; amended , §§ 18(a), 22(b), , , 2080; renumbered title I, , , .)

Editorial Notes

References in Text

Pub. L. 95–604Nov. 8, 197892 Stat. 3021 section 7901 of this titleThe Uranium Mill Tailings Radiation Control Act of 1978, referred to in subsec. (a), is , , . Title I of such act is classified generally to subchapter I (§ 7911 et seq.) of chapter 88 of this title. For complete classification of this act to the Code, see Short Title note set out under and Tables.

Pub. L. 89–272 Pub. L. 94–580, § 2Oct. 21, 197690 Stat. 2795 section 6901 of this titleThe Solid Waste Disposal Act, as amended, referred to in subsecs. (a) and (b)(2), is title II of , as amended generally by , , , which is classified generally to chapter 82 (§ 6901 et seq.) of this title. Subtitle C of the Solid Waste Disposal Act is classified generally to subchapter III (§ 6921 et seq.) of chapter 82 of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

act Aug. 1, 1946, ch. 724 act Aug. 30, 1954, ch. 1073, § 1 68 Stat. 919 section 2011 of this titleThis chapter, referred to in subsecs. (b), (d), (e), and (f)(2), was in the original “this Act”, meaning , as added by , , known as the Atomic Energy Act of 1954, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

act July 14, 1955, ch. 360 69 Stat. 322 section 7401 of this titleThe Clean Air Act of 1970, as amended, referred to in subsec. (e), probably means the Clean Air Act, which is , , which is classified generally to chapter 85 (§ 7401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

act June 30, 1948, ch. 758 Pub. L. 92–500, § 2Oct. 18, 197286 Stat. 816 section 1251 of Title 33The Federal Water Pollution Control Act, as amended, referred to in subsec. (e), is , as amended generally by , , , which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 97–415October 1, 1982November 8, 1978Oct. 1, 19821983—Subsec. (a). , §§ 18(a)(1), 22(b)(1), substituted “” for “one year after ” inserted provisions relating to the application of the Administrator’s proposed standards to actions by the Secretary of Energy in the event the Administrator fails to promulgate standards in final form after , and inserted provisions that in establishing standards, the Administrator shall consider risk to public health, safety, and the environment, environmental and economic costs of applying such standards, and such other factors as the Administrator determines to be appropriate.

Pub. L. 97–415October 31, 1982November 8, 1978Oct. 1, 1983Subsec. (b)(1). , §§ 18(a)(2), (3), 22(b)(2), substituted “, the Administrator shall, by rule, propose, and within 11 months thereafter promulgate in final form,” for “eighteen months after , the Administrator shall, by rule, promulgate” inserted provisions relating to the consequences of failure by the Administrator to promulgate standards in final form by , and inserted provisions that in establishing standards, the Administrator shall consider risk to public health, safety, and the environment, environmental and economic costs of applying such standards, and such other factors as the Administrator determines to be appropriate.

Pub. L. 97–415, § 18(a)(4)Subsec. (f). , added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date

Nov. 8, 1978section 208 of Pub. L. 95–604 section 2014 of this titleSection effective , see , set out as an Effective Date of 1978 Amendment note under .