106 STAT. 3122 PUBLIC LAW 102-486—OCT. 24, 1992 SEC. 2807. CONFORMING AMENDMENT. The table of contents of the Atomic Energy Act of 1954 is amended by amending the item related to section 185 to read as follows: "Sec. 185. Construction Permits and Operating Licenses.". TITLE XXIX—ADDITIONAL NUCLEAR ENERGY PROVISIONS SEC. 2901. STATE AUTHORITY TO REGULATE RADIATION BELOW LEVEL OF NRC REGULATORY CONCERN. (a) IN GENERAL. —The Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) is amended by inserting after section 275 the following new section: 42 USC 2023. "SEC. 276. STATE AUTHORITY TO REGULATE RADIATION BELOW LEVEL OF REGULATORY CONCERN OF NUCLEAR REGU- LATORY COMMISSION. "(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 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 the date of the enactment of the Energy Policy Act of 1992. "(2) The term *off-site incineration* means any incineration of radioactive materials at a facility that is located ofT 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.". (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. (c) CONFORMING AMENDMENT.The table of contents of the Atomic Energy Act of 1954 (42 U.S.C. 2011 prec.) is amended by inserting after the item relating to section 275 the following new item: "Sec. 276. State authority to regulate radiation below level of regulatory concern of Nuclear Regulatory Commission.".
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