92 STAT. 3040
PUBLIC LAW 95-604—NOV. 8, 1978
"a. As soon as practicable, but not later than one year after the date of enactment of this section, 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 Ante, p. 3025. 104(h) of the Uranium Mill Tailings Kadiation 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 Ante, p. 3022. Mill Tailings Radiation Control Act of 1978) located at inactive uranium mul 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. Standards promulgated pursuant to this subsection shall, to the maximum extent practicable, be consistent with the recjuirements of the Solid Waste 42 USC 6901 Disposal Act, as amended. The Administrator may periodically revise note. any standard promulgated pursuant to this subsection. "b. (1) As soon as practicable, but not later than eighteen months Role. r after the enactment of this section, the Administrator shall, by rule, promulgate 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 posAnte, p. 3033. session, transfer, and disposal of byproduct material, as defined in section 11 e. (2) of this Act, at sites at which ores are processed primarily for their source material content or which are used for the disposal of such byproduct naterial. "(2) 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, 42 USC 6921. as amended, which are applicable to such hazards: Provided, however, That no permit issued by the Administrator is required under this Act or the Solid Waste Disposal Act, as amended, for the processing, possession, transfer, or disposal of byproduct material, as defined in section 11 e. (2) of this Act. The Administrator may periodically revise any standard promulgated pursuant to this subsection. Within Ante, p. 3036. three years after such revision of any such standard, the Commission and any State permitted to exercise authority under section 274 b. (2) shall apply such revised standard in the case of any license for byproduct material as defined in section 11 e. (2) or any revision thereof. Publication in "c. (1) Before the promulgation of any rule pursuant to this section, Federal Register. the Administrator shall publish the proposed rule in the Federal Notice, hearing Register, together with a statement of the research, analysis, and other opportunity. 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 ComConsultation. mission and the Secretary of Energy before promulgation of any such rule. "(2) Judicial review of any rule promulgated under this section Judicial review. may be obtained by any interested person only upon such person filing Ride.
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