§ 6507. Scope of State regulation of radioactive materials and waste

(a) This section applies to:

(1) waste or material, generated within the United States, with respect to which all of the following apply:

(A) it is radioactive waste or radioactive materials classified as radioactive waste by the United States Nuclear Regulatory Commission (NRC) as of January 1, 1989;

(B)(i) it is radioactive waste or radioactive materials that were not eligible and approved for special disposal provisions under the NRC regulations in effect as of January 1, 1989; or

(ii) it is radioactive waste or radioactive materials that have not been determined to be approvable for special disposal under NRC regulations in effect as of January 1, 1989, even though the determination is made after that date; and

(C) it was generated or utilized by any government agency or pursuant to a government contract or license.

(2) waste or material generated outside the United States with respect to which all of the following apply:

(A) it is radioactive waste or radioactive materials that would have been classified as radioactive waste or radioactive materials by the NRC as of January 1, 1989, if it had been generated within the United States;

(B)(i) it is radioactive waste or radioactive materials that would not have been eligible and approved for special disposal provisions under NRC regulations in effect as of January 1, 1989, if it had been generated within the United States; or

(ii) it is radioactive waste or radioactive materials that have not been determined to be approvable for special disposal under those regulations in effect as of January 1, 1989, had it been generated within the United States, even though the determination is made after that date.

(b) Waste or materials covered by subsection (a) of this section shall not be treated, recycled, stored, or disposed of except at a facility with a specific license, whether or not that radioactive waste or those materials, since January 1, 1989, have been deregulated or declared exempt from regulatory control by the NRC or other federal agencies. (Added 1989, No. 242 (Adj. Sess.), § 1.)