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US CodeTitle 42Chapter 23§ 2023

§ 2023

State authority to regulate radiation below level of regulatory concern of Nuclear Regulatory Commission

42 U.S.C. § 2023.
2 min read
Subchapter: GENERAL PROVISIONS
((a)) ** In general** No provision of this chapter, or of the Low-Level Radioactive Waste Policy Act [ et seq.], 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 , exempts such waste from regulation.42 U.S.C. 2021bOctober 24, 19921992-10-24 ((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 . ((2)) The term “off-site incineration” means any incineration of radioactive materials at a facility that is located off 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.

Release: pl-119-59 (2025-12-18)

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