42 U.S. Code § 2111 - Domestic distribution

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(a) In general
No person may transfer or receive in interstate commerce, manufacture, produce, transfer, acquire, own, possess, import, or export any byproduct material, except to the extent authorized by this section, section 2112 orsection 2114 of this title. The Commission is authorized to issue general or specific licenses to applicants seeking to use byproduct material for research or development purposes, for medical therapy, industrial uses, agricultural uses, or such other useful applications as may be developed. The Commission may distribute, sell, loan, or lease such byproduct material as it owns to qualified applicants with or without charge: Provided, however, That, for byproduct material to be distributed by the Commission for a charge, the Commission shall establish prices on such equitable basis as, in the opinion of the Commission,
(a) will provide reasonable compensation to the Government for such material,
(b) will not discourage the use of such material or the development of sources of supply of such material independent of the Commission, and
(c) will encourage research and development. In distributing such material, the Commission shall give preference to applicants proposing to use such material either in the conduct of research and development or in medical therapy. The Commission shall not permit the distribution of any byproduct material to any licensee, and shall recall or order the recall of any distributed material from any licensee, who is not equipped to observe or who fails to observe such safety standards to protect health as may be established by the Commission or who uses such material in violation of law or regulation of the Commission or in a manner other than as disclosed in the application therefor or approved by the Commission. The Commission is authorized to establish classes of byproduct material and to exempt certain classes or quantities of material or kinds of uses or users from the requirements for a license set forth in this section when it makes a finding that the exemption of such classes or quantities of such material or such kinds of uses or users will not constitute an unreasonable risk to the common defense and security and to the health and safety of the public.
(b) Requirements
(1) In general
Except as provided in paragraph (2), byproduct material, as defined in paragraphs (3) and (4) of section 2014 (e) of this title, may only be transferred to and disposed of in a disposal facility that—
(A) is adequate to protect public health and safety; and
(B)
(i) is licensed by the Commission; or
(ii) is licensed by a State that has entered into an agreement with the Commission under section 2021 (b) of this title, if the licensing requirements of the State are compatible with the licensing requirements of the Commission.
(2) Effect of subsection
Nothing in this subsection affects the authority of any entity to dispose of byproduct material, as defined in paragraphs (3) and (4) of section 2014 (e) of this title, at a disposal facility in accordance with any Federal or State solid or hazardous waste law, including the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(c) Treatment as low-level radioactive waste
Byproduct material, as defined in paragraphs (3) and (4) of section 2014 (e) of this title, disposed of under this section shall not be considered to be low-level radioactive waste for the purposes of—
(1) section 2 of the Low-Level Radioactive Waste Policy Act (42 U.S.C. 2021b); or
(2) carrying out a compact that is—
(A) entered into in accordance with that Act (42 U.S.C. 2021b et seq.); and
(B) approved by Congress.

Source

(Aug. 1, 1946, ch. 724, title I, § 81, as added Aug. 30, 1954, ch. 1073, § 1,68 Stat. 935; amended Pub. L. 93–377, § 4,Aug. 17, 1974, 88 Stat. 475; Pub. L. 95–604, title II, § 205(b),Nov. 8, 1978, 92 Stat. 3039; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8),Oct. 24, 1992, 106 Stat. 2944; Pub. L. 109–58, title VI, § 651(e)(3)(A),Aug. 8, 2005, 119 Stat. 807.)
References in Text

The Solid Waste Disposal Act, referred to in subsec. (b)(2), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2,Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables.
The Low-Level Radioactive Waste Policy Act, referred to in subsec. (c)(2)(A), is Pub. L. 96–573, as amended generally by Pub. L. 99–240, title I, § 102,Jan. 15, 1986, 99 Stat. 1842, which is classified generally to section 2021b et seq. of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2021b of this title and Tables.
Prior Provisions

Provisions similar to this section were contained in section 1805 (c)(2) of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.
Amendments

2005—Pub. L. 109–58designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c).
1978—Pub. L. 95–604inserted reference to section 2114 of this title.
1974—Pub. L. 93–377substituted “qualified applicants with or without charge” for “licensees with or without charge”, and struck out “Licensees of the Commission may distribute byproduct material only to applicants therefor who are licensed by the Commission to receive such byproduct material” before “The Commission shall not”.

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


10 CFR - Energy

10 CFR Part 2 - AGENCY RULES OF PRACTICE AND PROCEDURE

10 CFR Part 19 - NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS: INSPECTION AND INVESTIGATIONS

10 CFR Part 20 - STANDARDS FOR PROTECTION AGAINST RADIATION

10 CFR Part 26 - FITNESS FOR DUTY PROGRAMS

10 CFR Part 30 - RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF BYPRODUCT MATERIAL

10 CFR Part 31 - GENERAL DOMESTIC LICENSES FOR BYPRODUCT MATERIAL

10 CFR Part 32 - SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL

10 CFR Part 33 - SPECIFIC DOMESTIC LICENSES OF BROAD SCOPE FOR BYPRODUCT MATERIAL

10 CFR Part 34 - LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS

10 CFR Part 35 - MEDICAL USE OF BYPRODUCT MATERIAL

10 CFR Part 36 - LICENSES AND RADIATION SAFETY REQUIREMENTS FOR IRRADIATORS

10 CFR Part 37 - PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIAL

10 CFR Part 39 - LICENSES AND RADIATION SAFETY REQUIREMENTS FOR WELL LOGGING

10 CFR Part 40 - DOMESTIC LICENSING OF SOURCE MATERIAL

10 CFR Part 60 - DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN GEOLOGIC REPOSITORIES

10 CFR Part 61 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE

10 CFR Part 62 - CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES

10 CFR Part 63 - DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA

10 CFR Part 71 - PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL

10 CFR Part 72 - LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-RELATED GREATER THAN CLASS C WASTE

10 CFR Part 110 - EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL

10 CFR Part 150 - EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274

10 CFR Part 170 - FEES FOR FACILITIES, MATERIALS, IMPORT AND EXPORT LICENSES, AND OTHER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT OF 1954, AS AMENDED

10 CFR Part 171 - ANNUAL FEES FOR REACTOR LICENSES AND FUEL CYCLE LICENSES AND MATERIALS LICENSES, INCLUDING HOLDERS OF CERTIFICATES OF COMPLIANCE,...QUALITY ASSURANCE PROGRAM APPROVALS AND GOVERNMENT AGENCIES LICENSED BY THE NRC

10 CFR Part 1009 - GENERAL POLICY FOR PRICING AND CHARGING FOR MATERIALS AND SERVICES SOLD BY DOE

40 CFR - Protection of Environment

40 CFR Part 191 - ENVIRONMENTAL RADIATION PROTECTION STANDARDS FOR MANAGEMENT AND DISPOSAL OF SPENT NUCLEAR FUEL, HIGH-LEVEL AND TRANSURANIC RADIOACTIVE WASTES

40 CFR Part 194 - CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS

 

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