Uranium Mill Tailings Radiation Control Act of 1978

Summary

Uranium Mill Tailings Control Act - Title I: Residual Radioactive Material at Certain Existing Sites - Authorizes the Secretary of Energy to enter into cooperative agreements with designated States under which the Federal Government would pay up to 90 percent of the costs of: (1) assessing the radiation levels of residual radiactive materials from specified former uranium ore processing sites within such States; and (2) limiting the exposure of individuals to such radioactive materials. Exempts certain processing sites from the coverage of this Act. Requires the agreements made by the Secretary and such States include terms providing, among other things, that the Secretary select the appropriate remedial action for limiting radiation exposure after consulting with the State, the Environmental Protection Agency (EPA), and the Nuclear Regulatory Commission, that the States acquire ownership of (1) the land upon which the radioactive materials are located; (2) the residual radioactive materials; and (3) the site selected for disposal of these materials, and that the State transfer ownership and custody of the residual radioactive materials and the disposal site to the United States when the Commission determines that the requisite remedial work has been completed. Grants the prior owner of a processing site acquired by a State the right of first refusal whenever that State seeks to sell that processing site. Requires that States reimburse the Federal Government for costs involved in performing such remedial work from any gain realized by the States in selling land on which processing sites were located. Authorizes mineral recovery contracts between States and any person seeking to recover minerals from such residual radioactive materials upon payment to the State and the United States of specified sums. Directs the Secretary to enter into similar agreements with the Secretary of the Interior and Indian tribes for the assessment of radiation levels and performance of remedial action on lands owned by Indian or held in trust for them. Authorizes payment of 100 percent of the costs of such agreements. Directs the Secretary to conduct a research program on reducing the hazards of exposure to residual radioactive materials. Authorizes the Secretary to establish rules and regulations necessary to carry out the purposes of this Act. Directs EPA to issue standards and criteria for the protection of the general public with respect to radiological and nonradiological hazards associated with the possession and transfer of residual radioactive materials. Permits judicial review of such rules upon petition in the United States Court of Appeals. Authorizes the Nuclear Regulatory Commission to issue rules, regulations or orders requiring specified exempt parties to conduct monitoring and remedial work and to comply with other measures designed to protect the general public from expsoure to residual radioactive materials. Provides for civil penalties for violation of such rules or orders of the Commission. Title II: Uranium Mill Tailings Licensing and Regulation - Amends the Atomic Energy Act of 1954 to require that specified licenses issued under such Act for activities resulting in the production of by- product material have terms assuring that prior to termination of such licenses, (1) the licensee shall comply with the Commission's requirements relating to termination, and (2) ownership of by-product materials and their disposal sites shall be transferred without cost to the United States. Authorizes the Commission to establish standards and instructions insuring that a licensee will provide funds necessary for the completion of Commission requirements relating to reclamation and long-term care of sites, structures and equipment used in conjunction with by-product material. Requires States having authority to regulate by-product materials under an agreement with the Commission to adopt and enforce: (1) standards for the protection of public health and safety from hazards associated with such material; (2) provisions allowing for public notice and public participation in licensing and rulemaking actions; and (3) requirements for the preparation of a written environmental analysis, to be made available to the public prior to approval of any construction activity relating to by-product material. Authorizes the Commission to retain authority under such Federal-State agreements with respect to determining a licensee's compliance with applicable standards and requirements prior to termination of licenses for by-product materials. Provides for civil penalties for violation of rules or orders of the Commission. Authorizes the Administrator of EPA to issue generally applicable standards and criteria for the protection of the environment from radiological and nonradiological environmental hazards associated with by-product material and its disposal. Permits judicial review of such rules upon petition in the United States Court of Appeals. Authorizes appropriations to carry out the provisions of this Act. Makes technical and conforming amendments to the Atomic Energy Act of 1954. Requires the Commission to consolidate licenses and licensing procedures under this Act with licenses and licensing procedures under other authorities contained in the Atomic Energy Act of 1954.

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3 official files

• Public Law (PDF)

  Public Law · EN · 9 November 1978

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• House agreed to Senate amendment with amendment

  summary · EN · 14 October 1978

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• Introduced in House

  summary · EN · 28 July 1978

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