Sec. 276. STATE AUTHORITY TO REGULATE RADIATION BELOW LEVEL OF REGULATORY CONCERN OF NUCLEAR REGULATORY COMMISSION.97

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## SEC. 276 STATE AUTHORITY TO REGULATE RADIATION BELOW LEVEL OF REGULATORY CONCERN OF NUCLEAR REGULATORY COMMISSION.97 97Section 2901(a) of Pub. L. 102–486 (106 Stat. 3122) enacted on Oct. 24, 1992, added this section 276. Section 2901(b) of that Public Law provides as follows: ``(b) Revocation of Related NRC Policy Statements.—The policy statements of the Nuclear Regulatory Commission published in the Federal Register on July 3, 1990 (55 Fed. Reg. 27522) and August 29, 1986 (51 Fed. Reg. 30839), relating to radioactive waste below regulatory concern, shall have no effect after the date of the enactment of this Act.''. ###

(a)In General No provision of this Act, or of the Low-Level Radioactive Waste Policy Act, may be construed to prohibit or otherwise restrict the authority of any State to regulate, on the basis of radiological hazard, the disposal or off-site incineration of low-level radioactive waste, if the Nuclear Regulatory Commission, after the date of the enactment of the Energy Policy Act of 199298 exempts such waste from regulation. 98The date of enactment was Oct. 24, 1992. ###

(b)Relation to Other State Authority This section may not be construed to imply preemption of existing State authority. Except as expressly provided in subsection (a), this section may not be construed to confer on any State any additional authority to regulate activities licensed by the Nuclear Regulatory Commission. ###

(c)Definitions For purposes of this section: ####

(1)The term “**low-level radioactive waste**” means radioactive material classified by the Nuclear Regulatory Commission as low-level radioactive waste on the date of the enactment of the Energy Policy Act of 1992.99 99The date of enactment was Oct. 24, 1992. ####

(2)The term “**off-site incineration**” means any incineration of radioactive materials at a facility that is located off the site where such materials were generated. ####

(3)The term “**State**” means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. **[**[42 U.S.C. 2023](/us/usc/t42/s2023)**]**

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U.S. Code

State authority to regulate radiation below level of regulatory concern of Nuclear Regulatory Commission
§ 2023

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Pub. L. 102-486
106 Stat. 3122
55 FR 27522
51 FR 30839

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Sec. 276

STATE AUTHORITY TO REGULATE RADIATION BELOW LEVEL OF REGULATORY CONCERN OF NUCLEAR REGULATORY COMMISSION.97

U.S.C.§ 2023

Pub. L.Pub. L. 102-486

Stat.106 Stat. 3122

Fed. Reg.55 FR 27522

Fed. Reg.51 FR 30839

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