As used in this subchapter, unless the context otherwise requires:
(1) “Above-ground facility” means any facility which has a substantial portion of its structure above ground; and
(2) “Low-level radioactive waste” means radioactive material that: Is not high-level radioactive waste, spent nuclear fuel, or by-product material as defined in 42 U.S.C. § 2014(e)(2); and
(3) The United States Nuclear Regulatory Commission, consistent with existing law and in accordance with subdivision (2)(A) of this section, classifies as low-level radioactive waste.