Low-Level Radioactive Waste Policy Amendments Act of 1985

(Measure passed Senate, amended)

Title I: Low-Level Radioactive Waste Policy Amendments Act of 1985 - Amends the Low-Level Radioactive Waste Policy Act to confer responsibility for the disposal of specified low-level radioactive wastes upon each State (either by itself or in cooperation with other States).

Requires the Secretary of Energy (the Secretary) to submit a comprehensive report to the Congress within a specified time setting forth recommendations for ensuring the safe disposal of all radioactive waste designated as a Federal responsibility.

Authorizes the States to enter into regional compacts to establish and operate low-level radioactive waste disposal facilities. Declares such compacts inapplicable to the management, transportation or disposal of low level radioactive waste owned or generated: (1) by the Department of Energy; (2) as a result of atomic weapons research and development activities; or (3) by the Department of the Navy as a result of the decommissioning of naval vessels.

Provides that federally generated waste which is disposed of at non-Federal facilities shall be subject to the same conditions as any such waste which is not generated by Federal activities. States that any low-level radioactive waste disposal facility operated exclusively for such federally-generated waste is not subject to any compact action.

Requires each compact to provide that the Congress may by law withdraw its consent every five years.

Sets a seven-year transition period (January 1, 1986, to December 31, 1992) during which State or regional disposal facilities shall: (1) make disposal capacity available for low-level radioactive waste generated by commercial nuclear power reactors; and (2) not restrict the availability of such capacity for wastes generated by specified sources (thus allowing non-sited generators to continue disposing of low-level waste at existing disposal facilities through December 31, 1992). Sets allocation guidelines for disposal capacity which limit the amount of total annual volume of low-level radioactive waste which such facilities must take through 1992. Allows such facilities to exclude out-of-region waste after 1992. Limits the availability of disposal capacity during the seven year transition period provided by the sites located in: Barnwell, South Carolina; Richland, Washington; and Beatty, Nevada. Prescribes guidelines for the allocation of disposal capacity among specified commercial nuclear power reactors during a specified four-year transition period and three-year licensing period.

Authorizes eligible commercial nuclear power reactors to assign their disposal capacity allocations to other eligible commercial nuclear power reactors.

Provides additional disposal capacity allocations for unusual volumes of low-level radioactive waste caused by specified circumstances.

Sets guidelines under which States may impose a surcharge upon a generator of low-level radioactive waste within their borders. Provides for the repayment of certain percentages of surcharges as a milestone incentive through the establishment of an escrow account.

Sets milestones by which specified activities for the establishment of operating disposal facilities must be implemented by each non-sited compact region or non-sited State that is not a member of a compact. Sets penalties for non-compliance by imposing an escalating surcharge for access to a disposal facility, or by denying access to such facility. Provides for the restoration of suspended access upon compliance with the implementation requirements.

Provides that States or compact regions which do not have an operating disposal facility by a certain deadline must take title to and possession of the low-level radioactive waste, and shall be liable to the generator or owner of such waste for all damages incurred as a consequence of failure to take possession.

Requires all non-sited States or compact regions to develop siting plans and facility licensing applications according to specified deadlines. Penalizes failure to meet such deadlines with: (1) possible denial of access to regional disposal facilities; and (2) a schedule of escalating surcharges.

Authorizes the States of South Carolina, Washington, and Nevada to deny disposal capacity access to any generator or intermediate handler who fails to provide authorized information necessary to monitor disposal capacity availability, allocations, and surcharges.

Sets forth conditions under which the Nuclear Regulatory Commission may grant emergency disposal facility access to a non-complying State if an imminent threat exists to the public safety or common defense. Authorizes the commission to grant one emergency access extension upon determining that an imminent public safety danger continues in spite of diligent efforts to eliminate it.

Prescribes guidelines under which any compact region or non-member compact State shall be entitled to reciprocal emergency access to disposal facilities.

Requires the Secretary of Energy to: (1) furnish technical and financial assistance to compact regions and to States seeking assistance under this Act; and (2) submit an annual report to the Congress summarizing the status and requirements of low-level radioactive waste disposal activity.

Directs the Commission within a specified time period to: (1) publish the technical information and guidance needed by States and compact regions to establish low-level radioactive waste disposal facilities that use alternatives to shallow land burial and that meet the Commission's licensing requirements; (2) expedite the licensing review procedure for new low-level radioactive waste disposal facilities; (3) develop standards, procedures, and expertise to exempt from Commission regulation waste streams whose radioactive waste is below regulatory concern.

Title II: Omnibus Low-Level Radioactive Waste Interstate Compact Consent Act - Conditions congressional consent to the interstate compacts on low-level radioactive waste management (enumerated below) upon: (1) the compliance of such compacts with the Low-Level Radioactive Waste Policy Act, as amended; (2) the compliance of the regional body established in the compact with the provisions of such Act.

Retains congressional power to alter or repeal the conditions of consent after the expiration of the ten-year period following the date of enactment of this Act.

Grants such congressional consent to the following compacts: (1) the Northwest Interstate Compact on Low-Level Radioactive Waste Management, which provides for cooperation among the States of Alaska, Hawaii, Idaho, Montana, Oregon, Utah, Washington; (2) the Central Interstate Low-Level Radioactive Waste Compact, which provides for cooperation among the States of Arkansas, Iowa, Kansas, Louisiana, Minnesota, Missouri, Nebraska, North Dakota, and Oklahoma; (3) the Southeast Interstate Compact on Low-Level Radioactive Waste Management, which provides for cooperation among the States of Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia; (4) the Central Midwest Interstate Compact on Low-Level Radioactive Waste Management, which provides for cooperation between the States of Kentucky and Illinois; (5) the Midwest Interstate Low-Level Radioactive Waste Compact, which provides for cooperation among the States of Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and Wisconsin; (6) the Rocky Mountain Low-Level Radioactive Waste Compact, which provides for cooperation among the States of Arizona, Colorado, Nevada, New Mexico, Utah, and Wyoming; and (7) the Northeast Interstate Low-Level Radioactive Waste Compact, which provides for cooperation between the States of Connecticut, New Jersey, Delaware, and Maryland.