Disposal of low-level radioactive waste.

The Act encouraged states to form regional compacts for the disposal of low-level radioactive waste (LLRW). The Act contained both positive and negative incentives. The positive incentive was a provision that allowed compacts to restrict access to their regional LLRW disposal facility to member states beginning in 1993, thus limiting the amount of waste disposed of in any state hosting a regional disposal facility. The negative incentive required states that failed to provide access to LLRW disposal facilities to take title and possession of wastes generated within their borders — the so-called " Take Title " provision. In 1992, in a lawsuit brought by New York State, the U.S. Supreme Court struck down the " Take Title " provision thus removing a major incentive for states to develop new disposal facilities. Since 1980, Congress has granted consent to ten interstate compacts, but no new disposal facilities meeting the requirements of the Act — i.e., ability to dispose of Class A, B, and C LLRW — have been developed. 1 Texas is now the only state actively developing a new LLRW disposal facility in accordance with the compact provision of the Act. In 1993, the Northwest Compact and Washington State restricted access to the Richland (Hanford) LLRW disposal facility to the eleven states of the Northwest and Rocky Mountain Compacts. For many years, the Atlantic Compact and South Carolina accepted wastes at the Barnwell disposal facility from the thirty-six states not members of the Northwest, Rocky Mountain, or Atlantic Compact. This was the only disposal outlet for Class B and C waste generated in these thirty-six states. But as of July 1, 2008, access to Barnwell has been restricted to the three states of the Atlantic Compact. 1 Waste classes A, B, and C are defined in NRC regulations at Title 10 Part 61.55 of the Code of Federal Regulations, Waste Classification, and 10CFR61.56, Waste Characteristics. The classes of waste are defined as follows (quoted in part): (i) Class A waste is waste that is usually segregated from other waste classes at the disposal site. The physical form and characteristics of Class A waste must meet the minimum requirements set forth in § 61.56(a). If Class A waste also meets the stability requirements set forth in § 61.56(b), it is not necessary to segregate the wastes for disposal. (ii) Class B waste is waste that must meet more rigorous requirements on …