Page:United States Statutes at Large Volume 92 Part 3.djvu/407

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-604—NOV. 8, 1978

92 STAT. 3039

AUTHORITIES OF COMMISSION RESPECTING CERTAIN BYPRODUCT MATERIAL

SEC. 205. (a) Chapter 8 of the Atomic Energy Act of 1954, is amended by a d d i n g the following new section at the end thereof: " SEC. 84. AUTHORITIES OF COMMISSION RESPECTING CERTAIN BYPRODDUCT M A T E R I A L. —

"a. The Commission shall insure that the management of any byproduct material, as defined in section l i e. (2), is carried out in such 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 " (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 A d m i n i s t r a to r under the Solid Waste Disposal Act, as amended. "b. I n c a r r y i n g out its authority under t h i s section, the Commission

42 USC

2114,

42 USC 2014.

r

Infra. ,.

42 USC 6901 note,

is a u t h o r i z e d to —

R"le, regulation

" (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 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 m a t e r i a l; 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 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 the same manner and in the same amount as violations subject to a civil penalty under section 234. Nothing in this section affects any authority of the Commission under any other provision of this Act.". (b) The first sentence of section 81 of the Atomic Energy Act of 1954, is amended to read as follows: "No person may transfer or receive in interstate commerce, manufacture, produce, transfer, acquire, own, possess, import, or export any byproduct material, except to the extent authorized by this section, section 82 or section 84.". (c) The table of contents for such chapter 8 is amended by inserting the following new item after the item relating to section 8 3:

or order, 42 USC 2111.

Civil penalty, Ante, p. 3033. 42 USC 2282. 42 USC 2111.

42 USC 2112. Supra.

"Sec. 84. Authorities of Commission respecting certain byproduct material.". AUTHORITY OF ENVIRONMENTAL PROTECTION AGENCY RESPECTING CERTAIN BYPRODUCT MATERIAL

SEC. 206. (a) Chapter 19 of the Atomic Energy Act of 1954, is amended by inserting after section 274 the following new section: " SEC. 275. H E A L T H AND ENVIRONMENTAL STANDARDS FOR U R A N I U M M I L L TAILINGS.—

42 USC 2022.