§ 2023. State authority to regulate radiation below level of regulatory concern of Nuclear Regulatory Commission
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/usc/title-42/section-2023A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In general No provision of this chapter, or of the Low-Level Radioactive Waste Policy Act [42 U.S.C. 2021b et seq.], 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 October 24, 1992, exempts such waste from regulation.
(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 October 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.
(Aug. 1, 1946, ch. 724, title I, § 276, as added Pub. L. 102–486, title XXIX, § 2901(a), Oct. 24, 1992, 106 Stat. 3122.)
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- Public Law 100–175To amend the Older Americans Act of 1965 to authorize appropriations for the fiscal years 1988, 1989, 1990, and 1991; to amend the Native Americans Programs Act of 1974 to authorize appropriations for such fiscal years; and for other purposes
- Public Law 102–486To provide for improved energy efficiency
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- Aug. 1, 1946, ch. 724
- Pub. L. 102–486, title XXIX, § 2901(a)
- 106 Stat. 3122
- act Aug. 1, 1946, ch. 724
- act Aug. 30, 1954, ch. 1073, § 1
- 68 Stat. 919
- Pub. L. 96–573
- Pub. L. 99–240, title I, § 102
- 99 Stat. 1842
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§ 2023
State authority to regulate radiation below level of regulatory concern of Nuclear Regulatory Commission
Fed. Reg.×2
Stat.×2
Stat. Comp.×1
ActAug. 1, 1946, ch. 724
Pub. L.Pub. L. 102–486, title XXIX, § 2901(a)
Stat.106 Stat. 3122
Actact Aug. 1, 1946, ch. 724
Actact Aug. 30, 1954, ch. 1073, § 1
Cites 11 · showing 7Cited by 5 across 3 sources