PART 21. TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT COMMISSION
CHAPTER 675. OPERATIONAL RULES
SUBCHAPTER B. EXPORTATION AND IMPORTATION OF WASTE
The Texas Low-Level Radioactive Waste Disposal Compact Commission (TLLRWDCC or Commission) proposes to amend 31 Texas Administrative Code §675.24, concerning Importation of Certain Low-Level Radioactive Waste for Management or Disposal that is not Required to be Disposed of in the Compact Facility. The proposed changes to 31 Texas Administrative Code §675.24 improves the quality, frequency, and accuracy of information facilities in Texas report to the Commission about the low-level radioactive waste they receive from outside the Texas Compact region for treatment, processing, storage or disposal. The proposed rule implements and complies with Texas Health and Safety Code §403.006 ("the Texas Low-Level Radioactive Waste Disposal Compact" or "the Compact").
BACKGROUND AND PURPOSE. Pursuant to the Commission's authority set out in Tex. Health & Safety Code §403.006, the Commission proposes to amend §675.24 to require monthly reporting of material that may become low-level waste when it enters the state rather than at the time the facility seeks approval to import the material into Texas. The rule protects the health, safety, and welfare of the residents of Texas by allowing the Commission to be fully informed of the nature, volume, and curie count of radioactive material entering the Texas. The Commission has determined that it is in the public interest that the Commission require monthly reporting instead of every six months. More accurate reporting of low-level radioactive waste (LLRW) entering the state is necessary because radioactive material entering Texas may become waste that either will need to be disposed of in the Compact Facility, disposed of at another alternate approved facility or will need to be exported. The Commission has determined that it is in the public interest to receive timely reports regarding LLRW that enters the host state irrespective of whether it requires an agreement for importation for disposal at the Compact Facility and the disposition of imported LLRW in the host state. For this reason, the Commission proposed the following changes to the rule text, summarized below.
SECTION BY SECTION ANAYSIS. The proposed amendments to section 675.24(b) describes which facilities are subject to the reporting requirements in this rule. Re-numbered subsection (c) describes the type of radioactive material subject to this rule and expands the definition to material that may become LLRW. Renumber subsection (d) defines what information must be reported to the Commission and revises the requirement to report non-compact facility low-level radioactive waste to the Commission from every six months to monthly. (d) also requires reporting on the generator, source state, curies, date of receipt, date of processing, disposition, physical location of the waste and for export authorizations from other compacts or foreign countries to be made available on request. Renumbered subsections (e)-(k) clarifies that a report is required regardless of whether it requires an agreement for importation, adjusts the timelines for reporting to the Commission, and makes other technical changes to increase accuracy, transparency, and clarity in the rule text.
FISCAL NOTE ON STATE AND LOCAL GOVERNMENTS. Stephen Raines, the Commission's Executive Director, has determined that, for the first five-year period the proposed rules are in effect, no fiscal impact to state government or local government as a result enforcing or administering these amendments as proposed under Tex. Gov't Code §2001.024(a) because the rule does not change the responsibilities of government entities.
PUBLIC BENEFIT/COST NOTE. Mr. Raines has also determined under Tex. Gov't Code § 2001.024(a)(5), for each year of the first five years the proposed rules would be in effect, the public benefit will be improved reporting, processing, and transparency with respect to the presence of low-level radioactive waste in Texas, the Compact's host state. Mr. Raines further has determined there will be no probable economic cost to persons required to comply with the rule because the rule enhances preexisting reporting and record-keeping requirements but are not more costly to comply with than the current rule.
IMPACT ON LOCAL EMPLOYMENT OR ECONOMY. There is no anticipated effect on the local economy for the first five years that the proposed amendments are in effect because the rules only concern reporting certain activities of facilities that import, export, and dispose of low-level radioactive waste. Therefore, no economic impact statement, local employment impact statement, nor regulatory flexibility analysis is required under Texas Government Code §§2001.022 or 2001.024(a)(6).
COST TO REGULATED PERSONS (COST-IN/COST-OUT). Pursuant to Tex. Gov't Code §2001.024, this rule may impose a cost on regulated persons to develop a database query that would produce a report that contains the information meeting the requirements of the rule. However, the rule is exempt from the requirements of Texas Government Code §2001.0045 because the Commission is an independent entity established by federal law and governed by the compact and is not a "state agency" under Tex. Gov't Code § 2001.024(a). Tex. Gov't Code § 403.0051(a). Further, the Commission is exempt because the rule is necessary to protect the health, safety, and welfare of the residents of the state under subsection (c)(6). Knowing the nature, volume, and curie count of radioactive material entering Texas will allow the Commission to determine when LLRW will need to be disposed of in the Compact Facility in Texas or will need to be exported.
ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES. The Commission hired an outside contractor with expertise in radioactive waste regulatory requirements to conduct the analysis as specified in Texas Government Code §2006.002. In consulting with the contractor, the Commission has determined (1) there is no impact on a rural community or unit of local government; (2) there is an estimated one-time cost of $416.32 for a computer programmer to develop a database query to generate the new report fields and execute it monthly on one small business, NSSI, but it will not adversely impact NSSI; (3) in conducting a regulatory flexibility analysis, the Commission: (a) revised the rule to reduce this cost by allowing NSSI to use reports already produced to TCEQ and DSHS for compliance purposes instead of generating a new report, (b) revised the rule require reporting only to make available some documentation for export authorization from other compacts and foreign countries.
GOVERNMENT GROWTH IMPACT STATEMENT. In compliance with Texas Government Code §2001.0221, the agency has determined that during the first five years the proposed rule is in effect, the proposed amendment: (1) will not create or eliminate a government program; (2) will not result in an increase or decrease in the number of agency employees; (3) will not require an increase or decrease in future legislative appropriations to the agency because there are no costs associated with the rule; (4) will not lead to an increase or decrease in fees paid to a state agency; (5) will not create a new regulation; (6) will not repeal an existing regulation; and (7) will not result in an increase or decrease in the number of individuals subject to the rule; and (8) the proposed amendment will not positively or adversely affect the state's economy because it involves no fiscal requirements.
ENVIRONMENTAL REGULATORY ANALYSIS. The Commission has determined the proposed rules are not "major environmental rules" as defined by Texas Government Code, §2001.0225 and are not subject to its requirements.
TAKINGS STATEMENT. The Commission has concluded the proposed rules do not restrict or limit an owner's right to his or her real property that would otherwise exist in the absence of this action.
SUBMITTAL OF COMMENTS. Written comments may be submitted to Stephen Raines, Executive Director, 1502 West Avenue, Austin, Texas 78701, or, by electronic mail to comments@tllrwdcc.org. All comments should reference "Rules" in the subject field. The comment period closes on 30 days after the date this notice is published. Copies of the proposed rulemaking can be obtained from the Commission's website at http://www.tllrwdcc.org/rules/. For further information, please contact Stephen Raines, Executive Director, (512) 350-6241.
STATUTORY AUTHORITY. The rules are proposed under the authority granted in §3.05(4) of the Compact, which authorizes the Commission to adopt, by a majority vote, bylaws and rules necessary to carry out the terms of the Compact. The proposed rules implement and facilitate the Commission's obligations and due diligence regarding §3.05(6) and §§4.02, 4.04(2), (5); 4.05 (1) - (4); 6.01, and 6.02 of the Compact as set out at Tex. Health & Safety Code §403.006.
CROSS-REFERENCE TO STATUTES. The Commission proposes the rule amendment to fulfill its responsibilities with respect to 42 United States Code, §§2021(b)-2021(j)
§675.24.Requirement to Report on the Importation of Certain Low-Level Radioactive Waste for Management or Disposal that is not Required to be Disposed of in the Compact Facility.
(a) This section is applicable only in the host state.
(b) This section is applicable only to State of Texas licensed waste processors or brokers, or source consolidators, of certain radioactive waste (LLRW) that is included within the definition of low-level radioactive waste found in 30 TAC §336.2(89) (relating to Definitions) as the definition is in effect on the date this section becomes effective, or as 30 TAC §336.2(89) may be amended or renumbered in the future. For the purposes of this section, the material described in this subsection will be referred to as Non-Compact-Facility Low-Level Radioactive Waste ("NCFW").
(c) [(b)] This section is designed
to gather information on the importation into the host state for disposal
or management of certain low-level radioactive waste that:
[(1) is required when shipped to be
listed on Nuclear Regulatory Commission (NRC) Forms 540 or 541 (Uniform
Low-Level Waste Manifest Shipping Forms);]
[(2) is included within the definition of low-level radioactive waste found in 30 TAC §336.2(89) (relating to Definitions) as the definition is in effect on the date this section becomes effective or as 30 TAC §336.2(89) may be amended or renumbered in the future, but is not intended for disposal in the Compact Waste Facility;]
(1) [(3)] is not low-level radioactive
waste described by 42 United States Code, §2021c(b)(1) (relating
to waste disposal for which the Federal government is responsible) or
waste that is regulated under §675.23 of this title (relating
to Importation of Waste from a Non-Party Generator for Disposal); and
(2) is required, when shipped, to be listed on Nuclear Regulatory Commission (NRC) Uniform Low-Level Waste Manifest Shipping Forms or other shipping paperwork (including but not limited to Bill of Lading, Hazardous Waste Manifest, or other manifest); or
(3) is radioactive material being received for processing, recycling or consolidation and is subsequently declared to bebecomes low level radioactive waste as a result of the processing, recycling or consolidation, and becomes low level radioactive waste as a result of the processing, recycling, consolidation, including radioactive wastematerial imported into the Compact under NRC 10 CFR Part 110 (under a general or specific license) for processing, recycling or consolidation and is subsequently declared low level radioactive waste;
(4) The information gathering associated with radioactive waste described in (c)(3) does not begin until after the radioactive material is declared waste by the processor, recycler or consolidator.
[(4) for the purposes of this section,
the material described in this subsection will be referred to as Non-Compact-Facility
Low-Level Radioactive Waste ("NCFW").]
(d) [(c)] Any entity in the host
state that imports NCFW or radioactive material which is subsequently
declared NCFW must enter into an agreement with the Commission
that contains a requirement that it will report or make available
for review as detailed below to the Commission on a monthly [semi-annual] basis the following information with respect to
each shipment of NCFW that it has received in the previous month [six-month
period]:
(1) report the name of the generator;
(2) report the name of the unaffiliated
state, territory, or low-level waste compact (if any), or foreign
country of origin, [(including State and City),]
where the waste originated (including State and City);
(3) report the activity of the waste in curies;
(4) report the gross volume or weight of
the waste; the date of receipt; the date of processing (if and
when this occurs, whether the waste is being stored, processed, disposed, or otherwise managed; [provided, however, that
waste that has been disposed of in the same reporting period in which
it was received shall only report gross volume or weight;] and
(5) report the physical location of management or the date of and physical location of disposal of that waste.
(6) make available for review documentation or supporting information to address the requirement for an export agreement from another compact.
(7) make available for review federal documentation supporting import/export of waste from a foreign country, including import/export under 10 CFR Part 110.
(e) Waste must be reported each reporting period until the waste has been returned to the generator, sent out of the compact for disposal or additional processing, or disposed of within the Compact;
(f) If a change in material classification occurs for any material in possession of the agreement holder (such as radioactive material being reclassified as LLRW due to processing, recycling, or consolidation or other factors), then that LLRW must be reported during the next reporting period, and subsequent reporting periods;
(g) [(d)] Monthly [Semi-annual
] reports must be submitted electronically on forms provided or
approved by the Commission and must be received [submitted
] on orbefore the 15th [31st]
day of the month [after the end of each six-month
period of the Commission's fiscal year, which begins on September
1 and ends on August 31]. An entity may file its monthly [semi-annual] report on its own form if the Commission has provided
its prior written authorization for the form submitted. The report
shall only contain information concerning NCFW as defined in this section.
(h) [(e)] An entity that imports
[low-level radioactive waste into the host state as described
in subsection (c) of this section shall] NCFW into the
host state must shall have entered into an agreement with the
Commission within 90 days after the effective date of this section
or within such time extensions thereafter as the Commission may allow.
[New entrants that import waste into the host state as described
in subsection (c) of this section.] Entities formed after
the effective date of this rule or that apply to import waste into
the host state must enter into an NCFW agreement
with the Commission within 30 days of commencement of management operations and prior to importing NCFW. To the maximum extent possible,
each agreement entered into under this section will contain provisions
identical to those in each other agreement entered into under this section.
(i) [(f)] An entity that imports NCFW [waste] into the host state [as described
in subsection (c) of this section] shall submit an application
for entry into an agreement with the Commission electronically or
on a paper [on a] form authorized [provided] by the Commission.
(j) [(g)] Failure on the part
of an entity that imports NCFW [waste] into
the host state as described in subsection (d) [(e)]
of this section to comply with any provision of this section or the
agreement entered into pursuant to subsection (i) [(d)]
of this section may result in the Commission reporting such failures
to the [host] state or federal agency that has
licensed, permitted, or otherwise authorized the operation of such entities.
(k) [(h)] The Commission may unilaterally
revoke or amend an NCFW agreement [on its own
motion or in response to an application by the agreement holder].
When the Commission amends an NCFW agreement [on its own motion],
it may provide a reasonable time to allow the other party to
the agreement [holder] to make the changes necessary
to comply with any additional requirements imposed by the Commission.
No importation of NCFW shall be allowed under an NCFW [any
amended] agreement for the importation of NCFW until:
(1) the NCFW agreement or any amendment to the NCFW agreement has been executed by both the Commission and the agreement holder; and
(2) the agreement holder has made any changes necessary to comply with additional requirements.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 27, 2023.
TRD-202304980
Stephen Raines
Executive Director
Texas Low-Level Radioactive Waste Disposal Compact Commission
Earliest possible date of adoption: February 11, 2024
For further information, please call: (512) 350-6241