Low-Level Radioactive Waste Policy Act Amendments of 1985

(Reported to Senate from the Committee on Energy and Natural Resources with amendment, S. Rept. 99-199)

Low-Level Radioactive Waste Policy Act Amendments of 1985 - Amends the Low-Level Radioactive Waste Policy Act to confer responsibility upon: (1) each State for the disposal of certain low-level radioactive waste generated within the State, either by itself or in cooperation with other States; and (2) the Federal Government for the disposal of low-level radioactive waste owned or generated by the Department of Energy, the United States Navy, and atomic weapons research, development or production.

Requires the Secretary of Energy (the Secretary) to submit a comprehensive report to the Congress regarding plans to ensure the safe disposal of low-level radioactive waste.

Prohibits the Secretary from transporting to a Federal low-level radioactive waste disposal facility, until 90 days after such report has been submitted, any waste that: (1) becomes a Federal responsibility for the first time pursuant to this Act; and (2) is generated by a source from which such waste has not been placed in a Federal low-level radioactive waste disposal facility prior to the enactment of this Act.

Directs the Nuclear Regulatory Commission (NRC) to initiate a rulemaking proceeding within 12 months after enactment of this Act in order to identify any specific low-level radioactive waste stream that should no longer be required to be disposed of in licensed low-level radioactive waste disposal facilities due to its low radiation content.

Authorizes the States to enter into regional compacts to establish and operate regional low-level radioactive waste disposal facilities. Makes such compacts inapplicable to the management, transportation or disposal of low-level radioactive waste owned or generated by the Department of Energy or by the decommissioning of United States Navy vessels.

Provides that federally-generated low-level radioactive waste that is disposed of at a non-Federal regional facility or at a non-Federal facility within a non-compact member State is subject to the same conditions and charges imposed by the compact commission (or State in which the facility is located) as is imposed upon non-federally generated low-level radioactive waste. Declares that any low-level radioactive waste disposal facility operated exclusively for federally-generated waste is not subject to any compact action.

Authorizes the following regional disposal facilities to limit, during a specified seven-year period, the amount of low-level radioactive waste accepted for disposal: (1) Barnwell, South Carolina; (2) Richland, Washington; and (3) Beatty, Nevada.

Authorizes any State in which a regional disposal facility is located to impose a surcharge fee for disposal of low-level radioactive waste generated in a State outside of sited compact regions.

Prescribes guidelines under which each commercial nuclear power reactor shall receive (upon request) a disposal capacity allocation.

Sets milestones for the timely establishment of disposal facilities by each compact commission or host State of a nonsited compact region, and each State that does not have an operating disposal facility and is not a member of a compact.

Sets forth penalties for failure to achieve the milestones.

Authorizes the compact regions and the States of South Carolina, Washington, and Nevada to restrict disposal capacity availability for any waste generated outside of their regions as of January 1, 1993. Authorizes such States to require information from disposal facility personnel which is needed to monitor the availability of disposal capacity, allocations assignments, and surcharge applicability. Permits such States to deny access to disposal capacity if such information is not provided.

Sets guidelines under which emergency access to a regional disposal facility may be granted to States which have not achieved the milestones for establishing disposal facilities.

Requires the Secretary to: (1) furnish technical and financial assistance to compact regions and States regarding management and operation of low-level radioactive waste disposal facilities; and (2) submit an annual report to the Congress regarding specified low-level radioactive waste disposal operations.

Requires the NRC, in consultation with the Environmental Protection Agency, to promulgate regulations for the disposal of certain mixed wastes which the NRC determines should be disposed of at commercial low-level radioactive waste disposal facilities. Requires the Administrator of the Environmental Protection Agency to enter into a Memorandum of Understanding with the NRC regarding the delegation of enforcement and licensing authorities concerning low-level radioactive waste disposal. Requires the NRC to delegate licensing and enforcement authorities to Agreement States regarding low-level radioactive waste disposal.