Sec. 2. DEFINITIONS

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## SEC. 2 DEFINITIONS For purposes of this Act: ####

(1)Administrator The term “**Administrator**” means the Administrator of the Environmental Protection Agency. ####

(2)Agreement The term “**Agreement**” means the July 1, 1981, Agreement for Consultation and Cooperation, as amended by the November 30, 1984 “**First Modification**”, the August 4, 1987 “**Second Modification**”, and the March 18, 1988 “**Third Modification**”, or as it may be amended after the date of enactment of this Act, between the State and the United States Department of Energy as authorized by section 213(b) of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1980 (Pub. L. 96–164; 93 Stat. 1259, 1265). ####

(3)Contact-handled transuranic waste The term “**contact-handled transuranic waste**” means transuranic waste with a surface dose rate not greater than 200 millirem per hour. ####

(4)Decommissioning phase The term “**decommissioning phase**” means the period of time beginning with the end of the disposal phase and ending when all shafts at the WIPP repository have been back-filled and sealed. ####

(5)Disposal The term “**disposal**” means permanent isolation of transuranic waste from the accessible environment with no intent of recovery, whether or not such isolation permits the recovery of such waste. ####

(6)Disposal phase The term “**disposal phase**” means the period of time, during which transuranic waste is disposed of at WIPP, beginning with the initial emplacement of transuranic waste underground for disposal and ending when the last container of transuranic waste, as determined by the Secretary, is emplaced underground for disposal. ####

(7)Disposal regulations The term “**disposal regulations**” means the environmental regulations for the disposal of spent nuclear fuel, high-level radioactive waste, and transuranic waste under section 8. ####

(8)EEG The term “**EEG**” means the Environmental Evaluation Group for the Waste Isolation Pilot Plant referred to in section 1433 of the National Defense Authorization Act, Fiscal Year 1989 (Pub. L. 100–456; 102 Stat. 1918, 2073). ####

(9)Engineered barriers The term “**engineered barriers**” means backfill, room seals, panel seals, and any other manmade barrier components of the disposal system. ####

(10)High-level radioactive waste The term “**high-level radioactive waste**” has the meaning given such term in section 2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12)). ####

(11)No-migration determination The term “**No-Migration Determination**” means the Final Conditional No-Migration Determination for the Department of Energy Waste Isolation Pilot Plant published by the Environmental Protection Agency on November 14, 1990 (55 Fed. Reg. 47700), and any amendments thereto, pursuant to the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). ####

(12)Remote-handled transuranic waste The term “**remote-handled transuranic waste**” means transuranic waste with a surface dose rate of 200 millirem per hour or greater. ####

(13)Retrieval The term “**retrieval**” means the removal of transuranic waste and the container in which it has been retained and any material contaminated by such waste from the underground repository at WIPP. ####

(14)Secretary The term “**the Secretary**” means the Secretary of Energy. ####

(15)Spent nuclear fuel The term “**spent nuclear fuel**” has the meaning given such term in section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23)). ####

(16)State The term “**the State**” means the State of New Mexico. ####

(17)Supplemental stipulated agreement The term “**Supplemental Stipulated Agreement**” means the Supplemental Stipulated Agreement Resolving Certain State Off-Site Concerns Over WIPP, dated December 27, 1982, to the Stipulated Agreement Between DOE and the State in *State of New Mexico ex rel. Bingaman v. DOE,* Case No. CA 81–0363 JB (D. N. Mex.), dated July 1, 1981. ####

(18)Transuranic waste The term “**transuranic waste**” means waste containing more than 100 nanocuries of alpha-emitting transuranic isotopes per gram of waste, with half-lives greater than 20 years, except for— #####

(A)high-level radioactive waste; #####

(B)waste that the Secretary has determined, with the concurrence of the Administrator, does not need the degree of isolation required by the disposal regulations; or #####

(C)waste that the Nuclear Regulatory Commission has approved for disposal on a case-by-case basis in accordance with part 61 of title 10, Code of Federal Regulations. ####

(19)WIPP The term “**WIPP**” means the Waste Isolation Pilot Plant project authorized under section 213 of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1980 (Pub. L. 96–164; 93 Stat. 1259, 1265) to demonstrate the safe disposal of radioactive waste materials generated by atomic energy defense activities. ####

(20)Withdrawal The term “**Withdrawal**” means the geographical area consisting of the lands described in section 3(c).

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