Notes on 42 U.S.C. § 2021 : US Code - Notes

Search Notes on 42 U.S.C. § 2021 : US Code - Notes

(Aug. 1, 1946, ch. 724, title I, Sec. 274, as added Pub. L. 86-373,
Sec. 1, Sept. 23, 1959, 73 Stat. 688; amended 1970 Reorg. Plan No.
3, Secs. 2(a)(7), 6(2), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat.
2086; Pub. L. 95-604, title II, Sec. 204(a)-(e)(1), (f), Nov. 8,
1978, 92 Stat. 3036-3038; Pub. L. 96-295, title II, Sec. 205, June
30, 1980, 94 Stat. 787; Pub. L. 97-415, Sec. 19(a), Jan. 4, 1983,
96 Stat. 2078; renumbered title I and amended Pub. L. 102-486,
title IX, Sec. 902(a)(6), (8), Oct. 24, 1992, 106 Stat. 2944; Pub.
L. 109-58, title VI, Sec. 651(e)(2), Aug. 8, 2005, 119 Stat. 807.)
REFERENCES IN TEXT
For definition of Canal Zone, referred to in subsec. (n), see
section 3602(b) of Title 22, Foreign Relations and Intercourse.
CODIFICATION
In subsec. (h) of this section, provisions for the establishment
of a Federal Radiation Council and for the designation of its
Chairman and members have been omitted and the Administrator of the
Environmental Protection Agency has been substituted for the
Council as the person charged with the responsibility of carrying
out the functions of the Council pursuant to Reorg. Plan No. 3 of
1970, Secs. 2(a)(7), 6(2), eff. Dec. 2, 1970, 35 F.R. 15623, 84
Stat. 2086, set out in the Appendix to Title 5, Government
Organization and Employees, which abolished the Federal Radiation
Council and transferred its functions to the Administrator of the
Environmental Protection Administration.
AMENDMENTS
2005 - Subsec. (b). Pub. L. 109-58 substituted "State:" for
"State - " in introductory provisions, added pars. (1) to (3), and
struck out former pars. (1) to (4) which read as follows:
"(1) byproduct materials as defined in section 2014(e)(1) of this
title;
"(2) byproduct materials as defined in section 2014(e)(2) of this
title;
"(3) source materials;
"(4) special nuclear materials in quantities not sufficient to
form a critical mass."
1992 - Subsec. (c)(1). Pub. L. 102-486, Sec. 902(a)(6), inserted
before semicolon at end "or any uranium enrichment facility".
1983 - Subsec. (o). Pub. L. 97-415 inserted provisions relating
to the adoption of equivalent alternative requirements by the
States.
1980 - Subsec. (j). Pub. L. 96-295 designated existing provisions
as par. (1) and added par. (2).
1978 - Subsec. (b). Pub. L. 95-604, Sec. 204(a), inserted in par.
(1) "as defined in section 2014(e)(1) of this title" after
"byproduct materials", added par. (2), and redesignated former
pars. (2) and (3) as (3) and (4), respectively.
Subsec. (c). Pub. L. 95-604, Sec. 204(f), required the Commission
to retain authority under the agreement to make a determination
that all applicable standards and requirements have been met prior
to termination of a license for byproduct material as defined in
section 2014(e)(2) of this title.
Subsec. (d)(2). Pub. L. 95-604, Sec. 204(b), inserted "in
accordance with the requirements of subsection (o) of this section
and in all other respects" before "compatible".
Subsec. (j). Pub. L. 95-604, Sec. 204(d), inserted "all or part
of" after "suspend", designated provision requiring termination or
suspension be necessary to protect the public health and safety as
cl. (1), added cl. (2), and inserted provision requiring the
Commission to periodically review the agreements and actions taken
by the States under the agreements to ensure compliance with the
provisions of this section.
Subsec. (n). Pub. L. 95-604, Sec. 204(c), inserted definition of
"agreement".
Subsec. (o). Pub. L. 95-604, Sec. 204(e)(1), added subsec. (o).
EFFECTIVE DATE OF 1978 AMENDMENT
Section 204(e)(2) of Pub. L. 95-604, as added by Pub. L. 96-106,
Sec. 22(d), Nov. 9, 1979, 93 Stat. 800, provided that: "The
provisions of the amendment made by paragraph (1) of this
subsection (which adds a new subsection o. to section 274 of the
Atomic Energy Act of 1954 [this section]) shall apply only to the
maximum extent practicable during the three-year period beginning
on the date of the enactment of this Act [Nov. 8, 1978]."
Amendment by Pub. L. 95-604 effective Nov. 8, 1978, see section
208 of Pub. L. 95-604, set out as a note under section 2014 of this
title.
TRANSFER OF FUNCTIONS
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of this title. See also Transfer of
Functions notes set out under those sections.
STATE AUTHORITIES AND AGREEMENTS RESPECTING BYPRODUCT MATERIAL;
ENTRY AND EFFECTIVE DATES OF AGREEMENTS
Section 204(g), (h) of Pub. L. 95-604, as amended by Pub. L. 96-
106, Sec. 22(a), (b), Nov. 9, 1979, 93 Stat. 799; Pub. L. 97-415,
Sec. 19(b), Jan. 4, 1983, 96 Stat. 2079, provided that:
"(g) Nothing in any amendment made by this section [amending this
section] shall preclude any State from exercising any other
authority as permitted under the Atomic Energy Act of 1954 [this
chapter] respecting any byproduct material, as defined in section
11 e. (2) of the Atomic Energy Act of 1954 [section 2014(e)(2) of
this title].
"(h)(1) During the three-year period beginning on the date of the
enactment of this Act [Nov. 8, 1978], notwithstanding any other
provision of this title [See Effective Date of 1978 Amendment note
set out under section 2014 of this title], any State may exercise
any authority under State law (including authority exercised
pursuant to an agreement entered into pursuant to section 274 of
the Atomic Energy Act of 1954 [this section]) respecting (A)
byproduct material, as defined in section 11 e. (2) of the Atomic
Energy Act of 1954 [section 2014(e)(2) of this title], or (B) any
activity which results in the production of byproduct material as
so defined, in the same manner and to the same extent as permitted
before the date of the enactment of this Act, except that such
State authority shall be exercised in a manner which, to the extent
practicable, is consistent with the requirements of section 274 o.
of the Atomic Energy Act of 1954 (as added by section 204(e) of
this Act) [subsec. (o) of this section]. The Commission shall have
the authority to ensure that such section 274 o. is implemented by
any such State to the extent practicable during the three-year
period beginning on the date of the enactment of this Act. Nothing
in this section shall be construed to preclude the Commission or
the Administrator of the Environmental Protection Agency from
taking such action under section 275 of the Atomic Energy Act of
1954 [section 2022 of this title] as may be necessary to implement
title I of this Act [section 7911 et seq. of this title].
"(2) An agreement entered into with any State as permitted under
section 274 of the Atomic Energy Act of 1954 [this section] with
respect to byproduct material as defined in section 11 e. (2) of
such Act. [section 2014(e)(2) of this title], may be entered into
at any time after the date of the enactment of this Act [Nov. 8,
1978] but no such agreement may take effect before the date three
years after the date of the enactment of this Act.
"(3) Notwithstanding any other provision of this title [See
Effective Date of 1978 Amendment note set out under section 2014 of
this title], where a State assumes or has assumed, pursuant to an
agreement entered into under section 274 b. of the Atomic Energy
Act of 1954 [subsec. (b) of this section], authority over any
activity which results in the production of byproduct material, as
defined in section 11 e. (2) of such Act [section 2014(e)(2) of
this title], the Commission shall not, until the end of the three-
year period beginning on the date of the enactment of this Act
[Nov. 8, 1978], have licensing authority over such byproduct
material produced in any activity covered by such agreement, unless
the agreement is terminated, suspended, or amended to provide for
such Federal licensing. If, at the end of such three-year period, a
State has not entered into such an agreement with respect to
byproduct material, as defined in section 11 e. (2) of the Atomic
Energy Act of 1954, the Commission shall have authority over such
byproduct material: Provided, however, That, in the case of a State
which has exercised any authority under State law pursuant to an
agreement entered into under section 274 of the Atomic Energy Act
of 1954 [this section], the State authority over such byproduct
material may be terminated, and the Commission authority over such
material may be exercised, only after compliance by the Commission
with the same procedures as are applicable in the case of
termination of agreements under section 274j. of the Atomic Energy
Act of 1954 [subsec. (j) of this section]."
FEDERAL COMPLIANCE WITH POLLUTION CONTROL STANDARDS
For provisions relating to the responsibility of the head of each
Executive agency for compliance with applicable pollution control
standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707,
set out as a note under section 4321 of this title.
EXECUTIVE ORDER NO. 12192
Ex. Ord. No. 12192, Feb. 12, 1980, 45 F.R. 9727, which
established the State Planning Council on Radioactive Waste
Management and provided for its membership, functions, etc., was
revoked by Ex. Ord. No. 12379, Sec. 13, Aug. 17, 1982, 47 F.R.
36099, set out as a note under section 14 of the Federal Advisory
Committee Act in the Appendix to Title 5, Government Organization
and Employees.