(1) "Above-ground facility" means any facility which has a substantial portion of its structure above ground; and
(2) "Low-level radioactive waste" means radioactive material that:
(A) Is not high-level radioactive waste, spent nuclear fuel, or by-product material as defined in § 11e(2) of the Atomic Energy Act of 1954; and
(B) The Nuclear Regulatory Commission, consistent with existing law and in accordance with subdivision (2)(A) of this section, classifies as low-level radioactive waste.
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