Category: State Regulations and Policies

Comments for the TLLRWDCC Proposed Revisions to the Management Rule due by Feb 12, 2024

Posted on by MidwestCompact

The Texas Low Level Radioactive Waste Disposal Compact Commission has proposed revisions to the Management Rule placed in the Texas Register on January 12. The MLK Jr. Holiday scheduled for Monday does not count as a public comment day, so we will receive comments for 30 days ending on February 12, 2024.  

Here’s a link to the posting in the Register.

You can also view the proposed changes on the TLLRWDCC website at: http://www.tllrwdcc.org/rules/. 

If you would like to comment, please address comments to the Commission and send them to comments@tllrwdcc.org. 

The Commission will review and respond to all comments.  

______________________________

Daniel B. Shrum
Executive Director
Low-Level Radioactive Waste Forum, Inc.
www.llwforum.org
dshrum@llwforum.org
801-580-3201

Texas Governor Vetoes SB 1804 Due to Amendment Seeking to Delay Increase in WCS Facility Surcharges and Fees

Posted on by MidwestCompact

On June 5, 2019, Texas Governor Greg Abbott (R) vetoed a widely supported domestic violence bill due to the inclusion of a late amendment related to radioactive waste disposal.  Abbott called the measure, Senate Bill (SB) 1804, a “laudable effort” that lost his support when “someone slipped in an ill-considered giveaway to a radioactive waste disposal facility.”

Overview of SB 1804

Senate Bill 1804, as introduced by State Senator Lois Kolkhorst (R), would require that bond information about domestic violence offenders be entered into a statewide data repository.  Representative Poncho Nevárez (D), one of the bill’s sponsors in the House, added an amendment about the Waste Control Specialists (WCS) nuclear waste disposal facility to the measure.  Nevárez told lawmakers that the amendment added “economic competitive incentives” to the bill.

As written, the amendment would have delayed an increase to a surcharge and state fee paid by WCS – the private operator of a waste disposal facility in West Texas.  The amendment pushed back the date of a fee increase for the WCS radioactive waste disposal company from 2019 to 2021.  Nevárez characterized the move as a matter of creating jobs.  The Texas House approved the amendment by a vote of 142-0.

Governor Abbott’s Veto

The following is the text of the Proclamation of the Governor of the State of Texas on his veto of SB 1804 on June 5, 2019:

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Greg Abbott, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 1804 as passed by the Eighty-Sixth Texas Legislature, Regular Session, because of the following objections:

Senate Bill 1804 was a laudable effort to address domestic violence, until someone slipped in an ill-considered giveaway to a radioactive waste disposal facility.  Unfortunately, the bill author’s good idea about domestic violence has been dragged down by a bad idea about radioactive waste.

Since the Eighty-Sixth Texas Legislature, Regular Session, by its adjournment has prevented the return of this bill, I am filing these objections in the office of the Secretary of State and giving notice thereof by this public proclamation according to the aforementioned constitutional provision.

 

Background

Various bills were introduced during the Eighty-Sixth Texas legislature related to low-level radioactive waste disposal in the State of Texas including:

  • House Bill No. 2269 and Senate Bill No. 1021, which are identical pieces of legislation that, amongst other things, seek to lower certain charges and reserve disposal capacity for Texas and Vermont at the WCS facility; and,
  • Senate Bill No. 1753 that, among other things, seeks to addresses emergency planning and fees related to the transportation of radioactive waste; impose new requirements related to contingency planning; impose new requirements for the implementation of biannual, independent inspections of a radioactive waste site; and, require adjustments to the amount of financial security to account for information received from the state auditor before a license may be issued or renewed.

In addition, on April 26, 2019, Governor Abbott sent a letter to U.S. Department of Energy (DOE) Secretary Rick Perry and U.S. Nuclear Regulatory Commission (NRC) Chair Kristine Svinicki in which the Governor expresses his opposition to any increase in the amount or concentration of radioactivity authorized for disposal at the WCS low-level radioactive waste disposal facility in Andrews County, Texas.

For additional information, please contact the Governor’s Office of the State of Texas at https://gov.texas.gov/ or at (512) 463-5739.

For additional information about Senate Bill 1804, please go to https://capitol.texas.gov/BillLookup/Text.aspx?LegSess=86R&Bill=SB1804#.

Utah Issues Notice of Rulemaking Actions

Posted on by MidwestCompact

On October 1, 2018, Utah Division of Waste Management and Radiation Control published formal notice in the Utah State Bulletin of various actions taken by the Utah Waste Management and Radiation Control Board at its meeting on September 13, 2018.

Proposed Rule Amendments Open for Public Comment

The Board approved the proceeding with formal rulemaking and public comment to add a new section to R315-301 to establish the requirements for conducting a self-inspection of a solid waste management facility.  The comment period ran from October 1-31, 2018.

During the 2018 General Session of the Legislature, H.B. 373, Waste Management Amendments, was enacted and subsequently signed by the governor.  H.B. 373 amended Section 19-6-109 of the Solid and Hazardous Waste Act to allow an owner or operator of a solid waste management facility the option of performing self-inspections of the owner or operator’s facility.  The proposed rule changes set the requirements associated with an owner or operator performing a self-inspection.  The proposed rule changes also incorporate the use of electronic information management, as envisioned by H.B. 373.

Final Adoption of Rule Changes 

The Board approved final adoption of changes to the Used Oil Rules R315-15-16, Grants, to provide additional clarity and more detailed direction to the grant application, issuance, implementation and reimbursement processes.  The effective date of the rule change was September 14, 2018.

The Board also approved final adoption of changes to the Hazardous Waste Rules R315-260, Hazardous Waste Management System, and R315-261, General Requirements – Identification and Listing of Hazardous Waste, to incorporate federal regulatory changes promulgated by the U.S. Environmental Protection Agency (EPA) and published at 83 Federal Register 24,664 on May 30, 2018.  The effective date of the rule change was September 14, 2018.

For additional information on the above rulemaking actions, please visit the Division website at www.deq.utah.gov or the Office of Administrative Rules website at www.rules.utah.gov for the October 1, 2018 issue of the Utah State Bulletin.

For additional information, please contact Don Verbica at (801) 536-0206 or at dverbica@utah.gov or Rusty Lundberg at (801) 536-4257 or at rlundberg@utah.gov.  

Wyoming Becomes NRC’s 38th Agreement State

Posted on by MidwestCompact

On September 25, 2018, the U.S. Nuclear Regulatory Commission (NRC) announced that the agency has entered into an agreement with the State of Wyoming to transfer regulatory authority to the state over certain radioactive materials.  With this action, Wyoming becomes the 38th state to sign such an agreement with the NRC.  Wyoming Governor Matthew Mead and NRC Chair Kristine Svinicki signed the agreement in Cheyenne.

Overview

With the agreement, the NRC transfers to Wyoming the responsibility for licensing, rulemaking, inspection and enforcement activities necessary to regulate source material involved in uranium or thorium milling and the management and disposal of milling waste, or mill tailings.  Fourteen uranium recovery licenses will be transferred to Wyoming’s jurisdiction.  The NRC retains jurisdiction over any commercial nuclear power plants (there currently are none in Wyoming), federal agencies using certain radioactive materials in the state and uses of radioactive material other than uranium and thorium milling activities.  Before entering into the agreement, the NRC determined that Wyoming’s radiation control program is adequate to protect public health and safety and is compatible with NRC regulations.

Background

Thirty-seven other states have signed similar agreements with the NRC.  They include Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Virginia, Washington and Wisconsin. 

Copies of the agreement, the Governor’s request/supporting documents, public comments and the NRC staff assessment are available on the NRC website at www.nrc.gov.  For additional information, please contact David McIntyre at (301) 415-8200.

EnergySolutions Requests Exemption from Mass and Concentration Limitations

Posted on by MidwestCompact

On August 30, 2018, the Utah Waste Management and Radiation Control Board held an emergency meeting beginning at 10:00 a.m. MT in Salt Lake City, Utah.  The purpose of the meeting was to review a request from EnergySolutions for an exemption from R313-25-9(5) of the Utah Administrative Code regarding mass and concentration limits.

The materials for the emergency Board meeting, including the EnergySolutions’ letter, which contains detailed background information and an explanation of the basis for the requested exemption, can be viewed online at https://www.utah.gov/pmn/files/423003.pdf#page=2.

Overview

By letter dated August 24, 2018, EnergySolutions petitioned the Board for an exemption from the mass and concentration limitations of UAC R313-25-9(5)(a) and (c) in connection with the disposal of Class A depleted uranium solid metal penetrators (DU Penetrators).

UAC R313-12-55(1) allows the Board to “grant exemptions or exceptions from the requirements of the rules as it determines are authorized by law and will not result in undue hazard to public health and safety or the environment,” according to the EnergySolutions’ letter.  “Solid metal depleted uranium penetrators are less hazardous and less plentiful than the depleted uranium oxides which are the basis of the UAC R313-25-9(5) restriction and an exemption is warranted in accordance with the justification herein provided,” states EnergySolutions in its letter.

“The U.S. Army Joint Munitions Command (JMC), working under the direction of the Product Director for Demilitarization, is responsible for the safe and compliant disposition of munitions waste,” states EnergySolutions’ letter.  “The JMC seeks to transport and dispose of 30 mm munitions containing solid depleted uranium metal.  The DU Penetrators will be disassembled to remove the depleted uranium metal prior to packaging for transport and disposal.  The JMC plans to disassemble between 3.5 to 7 million penetrators each year, currently in storage at the Tooele Army Depot (Tooele, Utah) and Crane Army Ammunition Activity (Crane, Indiana).  The JMC expects to transport and dispose of approximately 667 yd3 of DU Penetrator Class A waste per year for up to 4 years (a projected DU Penetrator disposal volume of 2,668 yd3).  Disposal of this volume of class A depleted uranium metal will exceed the limitations promulgated in UAC R313-25-9(a).”

Background

The Board — which is appointed by the Utah Governor with the consent of the Utah Senate — guides development of Radiation Control policy and rules in the state.  The Board holds open meetings ten times per year at locations throughout the state.  A public comment session is held at the end of each meeting.

Copies of the Utah Waste Management and Radiation Control Board meeting agendas and packet information can be found at http://www.deq.utah.gov/boards/waste/meetings.htm.  

For additional information, please contact Rusty Lundberg, Deputy Director of the Division of Waste Management and Radiation Control at the Utah Department of Environmental Quality, at (801) 536-4257 or at rlundberg@utah.gov.

Utah Waste Management and Radiation Control Board Meets

Posted on by MidwestCompact

On September 13, 2018, the Utah Waste Management and Radiation Control Board (Board) held a regularly scheduled meeting in Salt Lake City, Utah.  The meeting was open to the public.

The following items, among others, was on the agenda for the Board meeting:

  1. Call to Order
  1. Approval of Meeting Minutes for the July 12, 2018 Board Meeting (Board Action Item)

III.    Approval of Meeting Minutes for the August 30, 2018 special Board Meeting (Board Action Item)

  1. Presentation by Attorney General’s Office on Conflict of Interest
  1. Underground Storage Tanks Update
  1. Administrative Rules
  1. Approval of final adoption of proposed changes to the Used Oil Rules R315-15-16, Grants, to provide additional clarity and more detailed direction regarding the grant application, grant issuance, implementation and reimbursement processes (Board Action Item)
  1. Approval of final adoption of proposed changes to the Hazardous Waste Rules R315-260, Hazardous Waste Management System, and R315-261, General Requirements – Identification and Listing of Hazardous Waste, to incorporate federal regulatory changes promulgated by the Environmental Protection Agency (EPA) and published in the Federal Register on May 30, 2018 at 83 Federal Register 24,664 (Board Action Item)
  1. Approval to proceed with formal rulemaking and public comment on proposed changes to Solid Waste Rules R315-301 to add a new sub-section (R315-301-7) to establish self-inspection requirements in accordance with Section 19-6-109 of the Solid and Hazardous Waste Act (Board Action Item)

VII.   Hazardous Waste Section

  1. Approval of proposed Stipulation and Consent Order between the Board and Jordan Valley Water Conservancy District (Board Action Item)

VIII.  Low-Level Radioactive Waste Section

  1. EnergySolutions request for a site-specific treatment variance from the Hazardous Waste Management Rules – EnergySolutions seeks authorization to treat waste contaminated with dioxins and furans by macroencapsulation rather than by chemical means (Board Action Item)
  1. EnergySolutions request for an exemption from R313-25-9(5) of the Utah Administrative Code (Information Item Only)
  1. EnergySolutions presentation
  1. Heal Utah presentation in response to EnergySolutions’ request for an exemption from R313-25-9(5) of the Utah Administrative Code
  1. Other Business
  1. Miscellaneous Information Items
  1. Scheduling of Next Board Meeting
  1. Adjourn

 

The Board — which is appointed by the Utah Governor with the consent of the Utah Senate — guides development of Radiation Control policy and rules in the state.  The Board holds open meetings ten times per year at locations throughout the state.  A public comment session is held at the end of each meeting.

Copies of the Utah Waste Management and Radiation Control Board meeting agendas and packet information can be found at http://www.deq.utah.gov/boards/waste/meetings.htm.  

For additional information, please contact Rusty Lundberg, Deputy Director of the Division of Waste Management and Radiation Control at the Utah Department of Environmental Quality, at (801) 536-4257 or at rlundberg@utah.gov.

NRC Considering Wyoming’s Request to Become an Agreement State

Posted on by MidwestCompact

On June 26, 2018, the U.S. Nuclear Regulatory Commission (NRC) announced that the agency is considering a request from Wyoming Governor Matthew Mead to assume part of the NRC’s regulatory authority over certain radioactive materials in the state.

If the request is accepted, Wyoming will become the 38th state to sign such an agreement with the NRC.

Overview

Under the proposed agreement, the NRC would transfer to Wyoming the responsibility for licensing, rulemaking, inspection and enforcement activities related to the extraction and concentration of uranium and thorium milling and the management and disposal of milling waste, or mill tailings.

If the proposed Agreement were approved, the NRC would transfer 14 specific licenses for radioactive material to Wyoming’s jurisdiction.  By law, NRC would retain jurisdiction over commercial nuclear power plants (of which there are none in Wyoming), federal agencies using certain nuclear material in the state and uses of nuclear material currently regulated by the NRC other than uranium and thorium milling activities.

Before entering into the agreement, the NRC must determine that Wyoming’s radiation control program is adequate to protect public health and safety, and is compatible with the NRC’s regulations.

Background

Thirty-seven other states have signed similar agreements with the NRC.  They include Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Virginia, Washington and Wisconsin.

Copies of the proposed agreement, the Governor’s request/supporting documents and the NRC draft staff assessment are available on the NRC website at www.nrc.gov. For additional information, please contact David McIntyre at (301) 415-8200.

New Jersey Governor Signs Several Clean Energy Initiatives

Posted on by MidwestCompact

Includes Subsidies for Continued Operation of Nuclear Power Plants

On May 23, 2018, New Jersey Governor Phil Murphy signed several legislative initiatives that are designed to advance the state’s clean energy goals, including a bill that would subsidize the continued operation of nuclear power plants.  The cost for the new law to subsidize nuclear power plants is estimated to be approximately $300 million a year.

Overview of New Jersey Legislation

The new law establishes a Zero Emissions Certificate (ZEC) program in an effort to maintain New Jersey’s nuclear energy supply, which is the state’s largest source of carbon free energy and contributes almost 40 percent of the state’s electric capacity.  Under the law’s provisions, plants seeking to participate in the program would be required, among other things, to demonstrate that they make a significant contribution to New Jersey air quality and are at risk of closure within three years.

There are currently four reactors operating in New Jersey with generating capacity over 4,100 megawatts (MW) of electricity.  Three of the reactors are located at the Salem-Hope Creek nuclear plant and are operated by a unit of Public Service Enterprise Group (PSEG), which is the state’s biggest power company.  The other reactor, Oyster Creek, is owned by Exelon Corporation, which also owns part of the Salem reactors.

In addition to the nuclear subsidy law, Governor Murphy also signed legislation to require that 50 percent of the state’s power come from renewable sources by 2030, as well as to establish plans to build 3,500 MW of offshore wind by 2030; implement energy efficiency programs to reduce electric and gas usage; and, achieve 2,000 MW of energy storage by 2030.  The governor also signed an Executive Order directing state agencies to develop an Energy Master Plan by June 1, 2019 that provides a path to 100 percent clean energy by 2050.

Potential Action by Other States and DOE

Passage of the new legislation makes New Jersey the fourth state to adopt a program that is intended to provide a new revenue stream to assist nuclear reactors that are in service in an effort to meet the states’ greenhouse gas reduction goals.  Other states that have passed such laws include New York, Illinois and Connecticut.

States with reactors set to retire over the next few years for economic reasons (including Pennsylvania and Ohio) and officials at the U.S. Energy Department (DOE) are reportedly also looking at programs designed to keep nuclear plants operating.

Background

Exelon has announced plans to shut the Oyster Creek reactor in October 2018 pursuant to a long-standing agreement with the state.  In addition, PSEG has warned that it could shut its reactors if they do not receive some sort of federal or state assistance.

By the end of 2021, twenty-four of the operating nuclear power plants in the United States are either set to close or will no longer be profitable according to a report by Bloomberg New Energy Finance (BNEF) that was issued on May 15, 2018.  In addition, the report cautions that more plants are likely to close.

Texas Compact Commission Publishes Final Waste Management Rule

Posted on by MidwestCompact

On March 23, 2018, the Texas Low-Level Radioactive Waste Disposal Compact Commission (Texas Compact Commission) published a final rule regarding the management of low-level radioactive waste within the Texas Compact in the Texas Register.  (See 43 Texas Register 1,871 dated March 23, 2018.)

In particular, the Texas Compact Commission adopted a new §675.24 titled, “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.”  The final rule incorporates changes to the text as originally published in the Texas Register on November 3, 2017.  (See 42 Texas Register 6,123 dated November 3, 217).

Copies of the proposed rule can be obtained from the Texas Compact Commission’s website at http://www.tllrwdcc.org/rules/. 

Summary of the Factual Basis for the Adoption of the New Rule

In order to fulfill its responsibilities with respect to 42 United States Code §§2021(b) – 2021(j) and the Texas Low-Level Radioactive Waste Disposal Compact §3.04(9) and §3.05(6), as set out in Texas Health and Safety Code (THSC), Chapter 403, the Texas Compact Commission has determined that it is in the public interest to gather information regarding low-level radioactive waste that enters the host state irrespective of whether it requires an agreement for importation for disposal at the Compact Facility.

Pursuant to the Commission’s authority set out in THSC §403.006, the Commission adopts a new §675.24 to facilitate the gathering of that information by way of reporting requirements after the entry of the low-level radioactive waste into the state rather than requiring approval for the importation of certain categories of low-level radioactive waste into the host state.

Summary of Changes made in the Proposed Rules after Comments

After reviewing comments received during the public comment period, the Texas Compact Commission:

  •   revised the rule to require semi-annual rather than quarterly reporting;
  •   added language to sub-section (b)(4) to exclude waste that is regulated under §675.23 titled, “Importation of Waste from a Non-Party Generator for Disposal;
  •   revised subsection (b)(4) to clarify that the Texas Compact Commission seeks gross volume or weight of reported waste;
  •   added language to subsection (b)(4) to reflect that waste disposed of in the same reporting period which it was received should not be reported;
  •   revised subsection (c)(2) to clarify the source attributes of waste;
  •   removed subsection (c)(6) and combined information sought regarding location of management or the date and location of disposal of waste into subsection (c)(5);
  •   added language to subsection (d) to set forth the term of the Texas Compact Commission’s fiscal year;
  •   added language to subsection (d) to note that entities with a reporting obligation may do so on their own forms so long as the Texas Compact Commission provides prior authorization of the forms; and,
  •   added language to note that new entrants that import waste into the host state must enter into an agreement with a reporting requirement within 30 days of commencement of operations.

Public Comment and Commission Responses

The public comment period on the proposed new rule opened on November 3, 2017 and closed at midnight on December 8, 2017.  On January 29, 2015, the Rules Committee of the Texas Compact Commission conducted a meeting to consider comments on the proposed rule in the Office of the Attorney General of Texas.

During the public comment period, the Commission received written comments from EnergySolutions, Nuclear Sources & Services (NSSI), and Waste Control Specialists LLC (WCS).  EnergySolutions supports adoption of the rule.  WCS does not oppose adoption of the rule.  NSSI believes the rule is inapplicable to its operations based on other law.

Concise Restatement of Statutory Authority

A new §675.24 is adopted pursuant to Public Law 105-236 and the Texas Low-Level Radioactive Waste Disposal Compact as set out in THSC Chapter 403.

  •   Texas Compact §3.05(4) grants the Texas Compact Commission the rulemaking authority to carry out the terms of the Texas Compact.
  •   Texas Compact §3.04(9) authorizes the Texas Compact Commission to assemble and make public information concerning low-level radioactive waste management needs, technologies and problems.
  •   Texas Compact §3.05(6) authorizes the Texas Compact Commission to enter into agreements regarding the management and disposal of low-level radioactive waste.

The Texas Compact Commission interprets the foregoing provisions as authority to require reporting of information on NCFW.  A new §675.24 will further the public interest by gathering and monitoring information regarding low-level radioactive waste that enters the host state irrespective of whether it requires an agreement for importation for disposal at the Compact Facility.

Background

On November 3, 2017, the Texas Compact Commission published a proposed rule regarding the management of low-level radioactive waste within the Texas Compact in the Texas Register.  (See LLW Notes, November/December 2017, pp. 11-13.)  Comments on the proposed rule were due no later than the close of business on December 8, 2017.

The proposed new §675.24 related to a requirement to report on the importation of certain low-level radioactive waste for management or disposal that is not required to be disposed in the Texas Compact Facility.  In order to fulfill its responsibilities, the Texas Compact Commission determined that it is in the public interest that it gathers information regarding low-level radioactive waste that enters the host state irrespective of whether it requires an agreement for importation for disposal at the Texas Compact facility.

The proposed new §675.24 sought to facilitate the gathering of that information by the way of reporting requirements after the entry of the low-level radioactive waste into the state rather than requiring approval for the importation of certain categories of low-level radioactive waste into the host state.

For additional information, please contact Texas Compact Commission Executive Director Leigh Ing at (512) 217-8045 or at leigh.ing@tllrwdcc.org. 

Utah Announces Final Adoption of Rule Changes to R313-25

Posted on by MidwestCompact

On March 9, 2018, the Utah Division of Waste Management and Radiation Control notified interested stakeholders of the following rulemaking actions that were taken by the Waste Management and Radiation Control Board during its meeting on February 8, 2018:

  • final adoption of rule changes to R313-25, License Requirements for Land Disposal of Radioactive Waste — General Provisions, as published in the Utah State Bulletin on November 1, 2017 except for paragraph R313-25-51.5(3);
  • approve filing with the Office of Administrative Rules of a Notice of Change in Proposed Rule to delete paragraph R313-25-51.5(3) and renumber the subsequent paragraph; and,
  • set an effective date of April 16, 2018 for the above rule changes.

The notice of Change in Proposed Rule was published in the March 1, 2018 issue of the Utah State Bulletin.

Overview of Rule Change

During the 2017 General Session, the Utah legislature passed S.B. 79, Waste Management Amendments, which requires the Waste Management and Radiation Control Board to (1) modify financial assurance requirements for the closure and post-closure care of a radioactive waste disposal facility and (2) make conforming and clarifying amendments as to “facility” definitions adopted in S.B. 79.

Although financial assurance requirements have existed in Rule R313-25 for several years, the proposed changes are being made in order to meet the prescribed rulemaking direction found in S.B. 79 and to provide the tools and flexibility the Director believes are necessary to implement S.B. 79.

More specifically, S.B. 79 allows radioactive waste licensees the opportunity to rely on either (i) RS Means or (ii) a “competitive site-specific estimate” as the basis for calculating financial surety.  While RS Means represents a national average of heavy civil construction costs, S.B. 79 did not provide a definition for “competitive site-specific estimate.”

Based on the legislative history of S.B. 79, it was apparent to the Director that this undefined term referred to local market costs.  Based on the Utah Supreme Court case, Associated General Contractors v. Board of Oil, Gas and Mining (2001 UT 112, 38 P.3d 291), the Director in this rulemaking proposes to: define this term; provide the Division with access to local market expertise from heavy civil contractors or cost estimators who are familiar with local market construction costs in order to review and validate the information submitted by a licensee; and, provide that the licensee fund such review costs.

The proposed changes to Section R313- 25-31 incorporate the mandatory new rule text from S.B. 79.  In addition a new section, R313-25-31.5, is being added to include the changes summarized above.

Background

During the 2015 General Session, the Utah legislature passed S.B. 173 that required the Board to perform rulemaking to make changes to portions of UAC R313-25 regarding financial assurance requirements for the closure and post closure care of a low-level radioactive waste disposal facility.  However, rulemaking was deferred because the U.S. Nuclear Regulatory Commission (NRC) determined that certain provisions of S.B. 173 were incompatible with federal law.  These incompatibility issues were not fully resolved until the 2017 General Session of the legislature, when additional changes were made to the statute with the passage of S.B. 79, correcting the incompatible provisions.  S.B. 79 also modified certain facility definitions, triggering the need for conforming amendments in R313-25.

At a meeting of the Utah Waste Management and Radiation Control Board on October 12, 2017, the Board approved proceeding with formal rulemaking and public comment by filing with the Office of Administrative Rules and publishing in the Utah State Bulletin of proposed changes to UAC R313-25.  The proposed changes were subsequently published in the November 1, 2017 issue of the Utah State Bulletin.

The public comment period began on November 1, 2017 and concluded on December 1, 2017.  One commenter (EnergySolutions) submitted comments during the public comment period.  In a letter dated January 10, 2018, the Director responded to the comments.  Based on the comments received, an additional change to R313- 25 is being proposed in order to delete paragraph R313-25- 31.5(3) and renumber the subsequent paragraph.

Utah administrative rulemaking procedures require a Notice of Change in Proposed Rule be prepared and filed with the Office of Administrative Rules for subsequent publication in the Utah State Bulletin.  When published in the Utah State Bulletin, only the additional changes (i.e., paragraph deletion and paragraph renumbering) to R313-25 will be marked and the financial impact information will only address the additional changes.  All other rule changes previously published and not being further changed are considered to be final when published as part of the Notice of Change in Proposed Rule.

For additional information, please contact Don Verbica at (801) 536-0206 or at dverbica@utah.gov or Rusty Lundberg at (801) 536-4257 or at rlundberg@utah.gov.

Texas Compact Commission Publishes Proposed Waste Management Rule

Posted on by MidwestCompact

On November 3, 2017, the Texas Low-Level Radioactive Waste Disposal Compact Commission (Texas Compact Commission) published a proposed rule regarding the management of low-level radioactive waste within the Texas Compact in the Texas Register.  Comments on the proposed rule were due no later than the close of business on December 8, 2017. 

Copies of the proposed rule can be obtained from the Texas Compact Commission’s website at http://www.tllrwdcc.org/rules/. 

Purpose

The Texas Compact Commission is proposing a new §675.24 relating to a requirement to report on the importation of certain low-level radioactive waste for management or disposal that is not required to be disposed in the Texas Compact Facility.

In order to fulfill its responsibilities with respect to 42 United States Code, §§2021(b) – 2021(j) and §3.04(9) and §3.05(6) of the Texas Compact as set out in Texas Health and Safety Code (THSC) §403.006, the Texas Compact Commission has determined that it is in the public interest that it gather information regarding low-level radioactive waste that enters the host state irrespective of whether it requires an agreement for importation for disposal at the Texas Compact facility.

Proposed new §675.24 seeks to facilitate the gathering of that information by the way of reporting requirements after the entry of the low-level radioactive waste into the state rather than requiring approval for the importation of certain categories of low-level radioactive waste into the host state.

Proposed Rule Language

The proposed rule language is as follows:

  • 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.
  • This section is applicable only in the host state. 


(b)  This section is designed to gather information on the importation into the host state for disposal or management of certain low- level waste that:  

  • is required when shipped to be listed on Nuclear Regulatory Commission (NRC) Forms 540 or 541 (Uniform Low-Level Waste Manifest Shipping Forms);
  • 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;
  • is not low-level radioactive waste described by 42 United States Code, §2021c(b)(1); and

(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”).  

(c) Any entity in the host state that imports NCFW must enter into an agreement with the Commission that contains a requirement that it will report to the Commission on a quarterly basis the following information with respect to each shipment of NCFW that it has received in the previous quarter:  

  • the name of the generator; 

  • the name of the state and the name of the low-level waste compact (if any) where the waste originated;
  • the activity of the waste in curies; 


(4)  the volume or weight of the waste; the date of receipt; whether the waste is being stored, processed, or otherwise managed;  

(5)  location of management; and 
 

(6)  the date of and location of disposal of that waste. 
 

(d) Quarterly reports must be submitted electronically on forms provided by the Commission and must be submitted before the 31st day after the end of each quarter of the Commission’s fiscal year.  

(e) An entity that imports low-level radioactive waste into the host state as described in subsection (c) of this section 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. 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.  

(f) An entity that imports 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 paper on a form provided by the Commission.  

(g) Failure on the part of an entity that imports waste into the host state as described in subsection (c) of this section to comply with any provision of this section or the agreement entered into pursuant to subsection (d) of this section may result in the Commission reporting such failures to the host state agency that has licensed, permitted, or otherwise authorized the operation of such entities.  

(h) The Commission may revoke or amend an agreement on its own motion or in response to an application by the agreement holder. When the Commission amends an NCFW agreement on its on motion, it may provide a reasonable time to allow 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 any amended agreement for the importation of NCFW until:  

(1) the 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.

Benefits and Costs

According to the Texas Register notice, the changes in the proposed rule are expected to increase the knowledge available to the Texas Compact Commission and the public with respect to the presence of low-level radioactive waste in the host state.

The notice states, “By requiring a quarterly report of certain information about low-level [radioactive] waste that enters the host state for a purpose other than disposal at the compact facility, the proposed [Texas Compact] Commission rule benefits the host state and the public by allowing more complete tracking of low-level radioactive waste that enters the host state.”

The Texas Compact Commission anticipates that businesses and individuals will have no significant additional economic costs as a result of their compliance with the proposed rule, as the new reporting requirements would require the reporting of minimal information that is already maintained by the entities required to report under the proposed new §675.24.

For additional information, please contact Texas Compact Commission Executive Director Leigh Ing at (512) 217-8045 or at leigh.ing@tllrwdcc.org. 

Utah DWMRC Notifies Stakeholders of Rulemaking Actions

Posted on by MidwestCompact

On November 3, 2017, the Utah Division of Waste Management and Radiation Control (DWMRC) notified interested stakeholders of the following rulemaking actions that were taken by the Waste Management and Radiation Control Board at its meeting on October 12, 2017:

  1. Final adoption of rule changes to incorporate the following in to Title 313 of the Utah Administrative Code and set an effective date of October 13, 2017:
  •  U.S. Nuclear Regulatory Commission (NRC) final rule published in the May 29, 2013 Federal Register (78 Federal Register 32310) under the title of Distribution of Source Material to Exempt Persons and to General Licensees and Revision of General License and Exemptions.
  • Selected corrections and clarifications not associated with the above final rule.

 

  1. Approval to proceed with formal rulemaking and public comment with the following proposed changes to R313-25, License Requirements for Land Disposal of Radioactive Waste – General Provisions, of the Utah Administrative Code:
  •   Proposed amendments to R313-25 to incorporate the rule changes required by S.B. 79 (2017 General Session) to the financial assurance requirements for a radioactive waste disposal facility.  Additional changes to the financial assurance requirements are being made for added detail to the Director’s review of and action on the financial assurance cost estimate submitted by a licensee of a radioactive waste disposal facility.

 

Additional information on the proposed changes to the radiation control rules can be found on the Division website or via the Office of Administrative Rules website for the November 1, 2017 issue (Vol. 2017, No. 21) of the Utah State Bulletin.

 For additional information, please contact Otis Willoughby of the Utah DWMRC at (801) 536-0200.

Modifications Issued re EnergySolutions’ Clive Facility License

Posted on by MidwestCompact

On November 2, 2017, EnergySolutions provided notification of the approval of modifications to the Part B Permit issued by the State of Utah for the company’s Clive facility in Tooele County, Utah.  The modifications involved the following changes:

  • 2017-006477: Approval of a Class 1 modification to Revisions to Attachment II-7-1, Overall Facility Closure Cost Summary
  • 2017-006478: Approval of a Class 1 modification to Revisions to Attachment II-7-2, Closure Cost Estimate
  • 2017-006479: Approval of a Class 1 modification to Revisions to Module II, General Facility Conditions, Revision Date List

The above modifications are all related to the 2016 Annual Surety Review modification that was initially submitted on May 23, 2017.

On October 20, 2017, EnergySolutions provided notification of the approval of a modification to the Part B Permit issued by the State of Utah for the company’s Clive facility in Tooele County, Utah.  The modification involved the following changes:

  • 2017-007164: Approval of a Class 1 modification to Revisions to Attachment II-7-1, Overall Facility Closure Cost Summary

Questions regarding these modifications or requests for review of the modification applications and related documents may be directed to EnergySolutions or the Utah Division of Waste Management and Radiation Control (DWMRC).

For additional information, please contact Otis Willoughby of the Utah DWMRC at (801) 536-0200 or Tim Orton of EnergySolutions at (801) 649-2000.

Modifications Approved to EnergySolutions’ State-Issued Part B Permit

Posted on by MidwestCompact

On June 29, 2017, EnergySolutions announced the approval of the modifications to the Clive, Utah site’s state-issued Part B Permit.  The modifications involved the following changes:

  •   2017-001394:  Approval of a Class 1 modification to Attachment II-7, Closure Plan; Attachment II-7-1, Overall Facility Closure Cost Summary; Attachment II-7-2, Closure Cost Estimate- Mixed Waste Details; and, Attachment II-7-3, Reserve Capacity Calculations.
  •   2017-002785:  Approval of a Class 1 modification to Attachment VI-1, Groundwater Field Sampling Plan.
  •   2017-000709:  Approval of a Class 2 modification to Attachment II-6, Contingency Plan and Attachment II-5, Preparedness and Prevention Plan.

EnergySolutions’ compliance history is available from the facility contact person at the Utah Division of Waste Management and Radiation Control (DWMRC).

Questions regarding these modifications or requests for review of the modification applications and related documents may be directed to Tim Orton of EnergySolutions at (801) 649-2000 or to Otis Willoughby of the Utah Division of Waste Management and Radiation Control at (801) 536-0200.

District Court Prohibits Proposed Acquisition of Waste Control Specialists by EnergySolutions

Posted on by MidwestCompact

On June 21, 2017, the United States District Court for the District of Delaware issued a Judgment and Order in a civil antitrust lawsuit seeking to block the proposed $367 million acquisition of Waste Control Specialists LLC by EnergySolutions.  The United States of America is the plaintiff in the case.  The listed defendants include EnergySolutions, Inc.; Rockwell Holdco, Inc.; Andrews County Holdings, Inc.; and, Waste Control Specialists LLC.

In its order, the district court entered judgment in favor of the plaintiffs and against the defendants, specifically enjoining and restraining the defendants “from carrying out the acquisition of Waste Control Specialists LLC by EnergySolutions, Inc. as memorialized in the merger agreement between Rockwell Holdco, Inc. and Andrews County Holding, Inc. dated November 18, 2015 and any amendments thereto.”

The case—which is listed as United States of America v. EnergySolutions, Inc.; Rockwell Holdco, Inc.; Andrews Country Holdings, Inc.; and, Waste Control Specialists—can be found under civil docket number 16-1056-SLR in the United States District Court for the District of Delaware.

Proposed Acquisition  On November 19, 2015, in separate press releases, it was announced that Rockwell Holdco had signed a definitive agreement to acquire Waste Control Specialists—a wholly owned subsidiary of Valhi, Inc. and operator of a low-level radioactive waste disposal facility located in Andrews County, Texas.  Rockwell Holdco is the parent company of EnergySolutions—which operates low-level radioactive waste disposal facilities in Tooele County, Utah and Barnwell, South Carolina.  Rockwell Holdco is owned by Energy Capital Partners, a private equity firm focused on investing in North America’s energy infrastructure.  According to the companies’ press releases, upon closing, Rockwell Holdco would pay $270 million in cash and $20 million face amount in Series A Preferred Stock.  In addition, Rockwell Holdco would assume approximately $77 million of Waste Control Specialists’ debt, as well as all financial assurance obligations related to the Waste Control Specialists’ business.

Antitrust Lawsuit  On November 16, 2016, the DOJ filed a civil antitrust lawsuit in the U.S. District Court for the District of Delaware seeking to block the proposed $367 million acquisition of Waste Control Specialists by EnergySolutions.  DOJ argued that the proposed transaction “would combine the two most significant competitors for the disposal of low level radioactive waste … available to commercial customers in 36 states, the District of Columbia and Puerto Rico.”  DOJ asserted that the proposed transaction “would deny commercial generators of … [low-level radioactive waste] —from universities and hospitals working on life-saving treatments to nuclear facilities producing 20 percent of the electricity in the United States—the benefits of vigorous competition that has led to significantly lower prices, better service and innovation in recent years.”

Low-Level Radioactive Waste  Low-level radioactive waste is the radioactive byproduct of nuclear power generation, scientific research and certain medical treatments.  Low-level radioactive waste includes such items as personal protective clothing, tools, water purification filters and resins, hardware from nuclear power plants, and equipment from medical and research institutions.  Low-level radioactive waste may only be disposed of in a facility licensed by, or pursuant to an exemption provided by, the U.S. Nuclear Regulatory Commission (NRC) or a state acting under an agreement with the NRC.  Low-level radioactive waste disposal is an essential service for operating nuclear reactors, research laboratories and medical facilities.  Additionally, low-level radioactive waste disposal is a requirement for the safe decommissioning of such facilities when they reach the end of their useful lives.

For additional information about EnergySolutions, please contact Dan Shrum at (801) 649-2000 or at dshrum@energysolutions.com or go to the company’s web site at www.energysolutions.com.  For additional information about Waste Control Specialists, please contact Rodney Baltzer at (972) 450-4235 or at rbaltzer@valhi.net or visit the company’s web site at www.valhi.net.

Southwestern Commission Hosts Workshops re Use of Rad Materials

Posted on by MidwestCompact

On May 10 and 12, 2017, the Southwestern Low-Level Radioactive Waste Commission hosted two separate workshops in Northern and Southern California on the use and disposition of radioactive materials, including radioactive sealed sources and devices.

 

The following is the agenda for the workshops:

  •   Welcome and Introductions (9:00 – 9:20 a.m.)
  •   Southwestern Compact Vice Chair Donna Earley of Cedars Sinai (9:30 a.m. – 9:55 a.m.)
    • Earley will discuss medical uses of radioactive materials, including new therapeutic uses as well as experience with the disposal of Cs-137 irradiators and Co-60 gamma knife.
    • Earley has extensive knowledge and experience overseeing the Radiation Safety Programs and personnel of Cedars Sinai and the coordinating with local law enforcement agencies in Los Angeles for the safety and security of the Cedars Sinai Facility.
  •   Jeff Cromwell, Radioactive Waste Manager and Radioactive Shipment Manager, University of Berkeley
    • Cromwell will discuss waste management at the University of Berkeley along with some waste management challenges from some recent facility decommissioning projects.
    • What challenges have you had at your facility that you can share on decommissioning, shipments or closing out research projects-what are you doing with the waste?
  •   Morning Break (10:30 – 10:50 a.m.)
  •   Mike Albanese, Radiation Safety Officer for Qal-Tek (10:55 – 11:20 a.m.)
    • Albanese will discuss Qal-Tek’s U.S. Nuclear Regulatory Commission (NRC) Service License and its new Reutilization Program in a joint effort with the Southwestern Compact.
    • Outline of maximum time limits and requirements.
    • A petition will be required for disposal to Waste Control Specialists LLC (WCS) in Andrews, Texas.
    • How will this affect me?
    • Can I qualify for this program?
  •   Lunch Break (11:25 a.m. – 12:15 p.m.)
  •   Sherry Frenette, Technical Services Project Manager, WCS (12:20 – 12:45 p.m.)
    • Frenette will discuss WCS’s capabilities for treatment, storage and disposal of waste and answer any questions you may have concerning those capabilities, or the process for getting waste to WCS.
    • Frenette will also provide an update on the status of the application for spent fuel storage at the WS facility.
    • Frenette works in the Technical Services Department at WCS.  She helps commercial customers navigate the process for sending waste to all of the facilities at WCS.
  •   Leigh Ing, Executive Director, Texas Low-Level Radioactive Waste Disposal Compact (12:50 – 1:15 p.m.)
    • Ing will share the need for Texas Low-Level Radioactive Waste Disposal Compact (Texas Compact) import agreements and WCS contracts—they are different!
    • Ing will discuss information on requirements, brokers, small generator’s limits, and the processing time frames for the Texas Compact.
    • What are the annual limits set by the Texas legislators for non-compact waste?
    • Does Texas want our waste?
    • Will this change?
    • Is there enough space for the future?
    • How long can you afford to store?
  •   Afternoon Break (1:20 – 1:55 p.m.)
  •   Vern Rogers, EnergySolutions of Utah (1:40 – 2:05 p.m.)
    • Video of Zion Decommissioning, SONGS schedule for decommissioning, new services to be offered—Class A sealed sources, depleted uranium (DU) options, mixed waste and various processing programs offered.
    • What can we expect for the future of EnergySolutions?
  •   [Northern California] John Fassell, Chief for Inspection, Compliance & Enforcement, California Radiological Health Branch and [Southern California] Robert Greger, Senior Health Physicist, California Radiological Health Branch (2:10 – 2:35 p.m.)
    • When the inspector is at your door.
    • A presentation on state audits, reporting requirements, renewing a state license—does location matter, and safety requirements at your site.   Come with your questions!  This is an important resource for you.
  •   Adjourn (3:15 p.m.)

For additional information, please contact Kathy Davis, Executive Director of the Southwestern Compact Commission, at (916) 448-2390 or at swllrwcc@swllrwcc.org.

WCS Places Spent Fuel Storage Application on Hold

Posted on by MidwestCompact

By letter dated mid-April 2017, Waste Control Specialists (WCS) asked the U.S. Nuclear Regulatory Commission (NRC) to temporarily suspend the agency’s review of its application to construct and operate a spent nuclear fuel Consolidated Interim Storage Facility (CISF) in Andrews County, Texas.

WSC “is faced with a magnitude of financial burdens that currently make pursuit of licensing unsupportable,” Rod Baltzer, the company’s President and CEO, said in a letter to the NRC dated April 16, 2017.  According to Baltzer, the estimated $7.5 million that is needed to continue the licensing process was a significant factor in WCS’ decision.  The following day, NRC announced that it would freeze the review.

The request comes as EnergySolutions is trying to buy WCS, although the U.S. Department of Justice has sued to block the merger, arguing it would essentially create a monopoly on radioactive waste disposal.  “WCS expects to go forward with this project at the earliest possible opportunity after completion of the sale,” Baltzer said in a statement.

In the meantime, on March 16, 2017, the U.S. Nuclear Regulatory Commission (NRC) announced that the agency was providing additional opportunities for the public to comment on the CISF application that was submitted by WCS.

Background

On April 28, 2016, WCS filed an application seeking a 40-year license for a CISF to receive spent fuel from nuclear reactors for storage, pending final disposal.  (See LLW Notes, May/June 2016, pp. 16-17.)  Specifically, WCS is requesting authorization to construct and operate a CISF at the company’s 60.3 square kilometer (14,900 acre) site in western Andrews County, Texas.  On this site, WCS currently operates facilities that process and store certain types of radioactive material—mainly low-level radioactive waste and mixed waste.  The facility also disposes of hazardous and toxic waste.

According to the application, WCS plans to construct the CISF in eight phases.  Phase one of the CISF would be designed to provide storage for up to 5,000 metric tons uranium (MTU) of spent nuclear fuel received from commercial nuclear power reactors across the United States.  WCS proposes that small amounts of mixed oxide spent fuels and Greater-Than-Class C (GTCC) low-level radioactive wastes also be stored at the CISF.  WCS stated that it would design each subsequent phase of the CISF to store up to an additional 5,000 MTU.  A total of up to 40,000 MTU would be stored at the site by the completion of the final phase.  Each phase would require NRC review and approval.

WCS would receive canisters containing spent nuclear fuel from the reactor sites.  Once accepted at the site, WCS would transfer them into onsite dry cask storage systems.  WCS plans to employ dry cask storage system technology that has been licensed by the NRC pursuant to 10 CFR Part 72 at various commercial nuclear reactors across the country.  According to WCS, the dry cask storage systems proposed for use at the CISF would be passive systems (i.e., not relying on any moving parts) and would provide physical protection, containment, nuclear criticality controls and radiation shielding required for the safe storage of the spent nuclear fuel.  WCS also states that the dry cask storage systems would be located on top of the concrete pads constructed at the CISF.

For additional information, please contact Maureen Conley of the U.S. Nuclear Regulatory Commission at (301) 415-8200.

Comments Accepted re Texas Compact Commission’s Draft Management Rule Concept Paper

Posted on by MidwestCompact

In early June 2016, the Texas Low-Level Radioactive Waste Disposal Compact Commission (Texas Compact Commission) announced that it had initiated a rulemaking process to develop its management rules.  As part of the process, the Texas Compact Commission’s Rules Committee sought input prior to the development of a draft rule proposal for publication in the Texas Register.

In particular, the Texas Compact Commission sought comments on an outline for rulemaking for the development of a concept paper for Rule 675.24 relating to the importation of low-level radioactive waste that is below the criteria applicable for disposal in the Compact Waste Disposal Facility.

The concept paper for the management rule has been posted to the Rules Page of the Texas Compact Commission’s website at http://www.tllrwdcc.org/rules/.

Overview

The Texas Compact Commission is authorized by Section 3.05(3), (4) and (6) of the Texas Compact to promulgate rules relating to the importation of material into the compact that is not to be shipped for disposal to the Compact Waste Disposal Facility.

In this regard, Section 3.05(6) of the Texas Compact reads as follows:

Section 3.05.  The commission may:

(6) Enter into an agreement with any person, state, regional body, or group of states for the importation of low-level radioactive waste into the compact for management or disposal provided that the agreement receives a majority vote of the commission.  The commission may adopt such conditions and restrictions in the agreement as it deems advisable.

The outline for rulemaking states that the Texas Compact Commission “finds that it is important to the public health and safety in the party states that there be a process that provides a record of all low-level radioactive waste that is shipped into the Compact.”

Accordingly, the Texas Compact Commission proposes to adopt a rule that

  •   requires that all low-level radioactive waste (other than such waste that is shipped to the Compact Waste Disposal Facility for disposal pursuant to rules of the Texas Compact Commission) shipped into the Texas Compact utilizing NRC Form 540 (Uniform Low-Level Radioactive Waste Manifest Shipping Paper) be subject to the following reporting process:
  • such waste may only be shipped to a site that has an agreement (“an agreement site) with the Texas Compact Commission and is licensed by the appropriate licensing entity in a party state; and,
  • inter alia, the agreement site will agree to report shipments to its site to the Texas Compact Commission by volume and radiation activity not more than a set number of days after the end of each quarter of the Texas Compact Commission’s fiscal year;
  •   contains enforcement criteria for failure of an entity to ship to an agreement site; and,
  •   contains criteria for the agreement that will be entered into by the Texas Compact Commission with agreement sites within a party state.

Questions for Comment

In addition to seeking comments on the outline for rulemaking for the development of a concept paper for Rule 675.24 relating to the importation of low-level radioactive waste that is below the criteria applicable for disposal in the Compact Waste Disposal Facility, the Texas Compact Commission requested that stakeholders submit specific comments on the following matters:

  1. Is the scope of the rule appropriate in that “any person, state, regional body, or group of states” must enter into an agreement with the Texas Compact for importation into Texas or Vermont of low-level radioactive waste for management? Is the scope too broad?  Is the scope too narrow?
  1. Is it appropriate for all waste shipped into the Texas Compact under an NRC Form 540, 541 and 542 to be covered by this rule? What would be potential exemptions or exclusions that the Texas Compact Commission should consider?  And why?
  1. The Texas Compact is considering requiring the following information to be reported quarterly:
  •   volume;
  •   activity (in curies);
  •   low-level radioactive waste generator;
  •   the low-level radioactive waste compact, unaffiliated state, territory or possession of the waste generator;
  •   ultimate disposition of the waste;
  •   does the waste contain disused sources; and,
  •   how is the waste stored, processed or otherwise managed once imported;

The Texas Compact Commission sought comment on the above information that would be required to be reported quarterly.  Is there additional information that should be requested?  Is any of the above-listed information unnecessary to report?  Should the Texas Compact Commission choose weight, instead of volume?  Are curies the correct unit?

  1. Is quarterly reporting an appropriate reporting timeframe?

Submitting Comments

Interested stakeholders were instructed to submit comments to the Texas Compact Commission’s Rules Committee.  Comments received will be reviewed to develop rules for proposal in the Texas Register.

The comment period deadline ended on June 27, 2016.  No stakeholder meetings have yet been scheduled.

For additional information, please contact Texas Compact Commission Consulting Supervisory Director Leigh Ing at (512) 217-8045 or at leigh.ing@tllrwdcc.org.

Texas Compact Seeks Comment re Proposed Import Approval Approach

Posted on by MidwestCompact

The Texas Low-Level Radioactive Waste Disposal Compact Commission (Texas Compact Commission) is seeking comments on a proposed process for approving import applications for the disposal of low-level radioactive waste into the Compact Waste Facility that is operated by Waste Control Specialists LLC (WCS) and located in Andrews County, Texas.

Under the laws of the State of Texas, no more than 275,000 curies of low-level radioactive waste may be disposed at the Compact Waste Facility in a fiscal year. Therefore, the Texas Compact Commission is working to develop and institute an import prioritization process that would provide the maximum chance of curies being available for shipment to those generators that are able to ship to the Compact Waste Facility.

The Texas Compact Commission’s proposed concept paper, which is titled “A Process for Conditional Approval of Authorization to Dispose of Curies,” states as follows:

  1. Generally, the Commission will continue to enter into agreements with generators and brokers for importation of nonparty low-level radioactive waste for disposal (“Agreement”) in the Texas-Low Level Radioactive Waste Disposal Compact Facility (“Facility”) that are effective on the date of approval by the Commission through August 31 (the last day of the Facility’s operational year). Generators and brokers may submit applications for future operational years, but those applications will be considered in light of this policy.
  1. Starting with the February 4, 2016 meeting, all Agreements to import and dispose of a total volume of waste that contains more than 2,000 Curies during an operational year will be entered on a conditional basis.
  1. The conditions that will be included in any Agreement to import and dispose of more than 2,000 Curies will include (but not be limited to):
  • A condition providing that no shipments may be made under the Agreement without further authorization from the Commission.
  • A condition requiring that no less than 15 days before a shipment is made under the Agreement, the Generator or Broker shall provide the Commission a written notice containing evidence satisfactory to the Commission that a shipment will be made on the date proposed in the notice and that it will contain a specifically identified number of Curies. It is acknowledged that weather or other unforeseen conditions may cause a nominal delay of shipment, but that delay shall not exceed 5 days, or a new condition removal letter will be required.
  • A condition providing that no shipment will be made until the Generator or Broker has received a written communication from the Commission that: (1) it has received the notice from the Generator or Broker; (2) it is satisfied that the shipment will be made on the proposed date and that it will contain the proposed number of Curies; and (3) the disposal of the waste listed in the notice will not cause the total number of Curies disposed at the Compact facility to exceed the maximum yearly allowances for that operating year.
  • A condition memorializing the understanding of the Generator or Broker that the Agreement is null and void and no further shipments can be made pursuant to the Agreement on or after the date during an operating year that the Facility has received low-level radioactive waste containing 275,000 Curies.

In addition to seeking comments on the overall proposed process, the Texas Compact Commission requests that stakeholders submit responses to the following questions:

  1. What is an appropriate threshold for issuing Curies conditionally? For import applications with Curie requests above the threshold, Curies would be issued conditionally by the Commission as opposed to the current practice of issuing them unconditionally. The proposed Concept Paper proposes 2,000 Curies as that limit.
  1. What would be appropriate documentation for demonstrating proof of a shipment is imminent? Is there a document that generators and brokers already use such that a new form would not need to be created and used? Are there good examples we could use should a new form need to be developed?
  1. How many days prior to a shipment are generators certain that the shipment will occur? The proposed Concept Paper proposes 15 days.
  1. How many days prior to a shipment are generators reasonably certain of the shipment’s Curie value?

Comments on the above questions and the proposed concept paper are due by January 25, 2016.

A cover letter with additional information and the proposed concept paper are available on the Texas Compact Commission’s web site at http://www.tllrwdcc.org/.

For additional information, please contact Texas Compact Commission Consulting Supervisory Director Leigh Ing at (512) 305-8941 or at leigh.ing@tllrwdcc.org.

 

Utah Waste Management & Radiation Control Board Holds January 2016 Meeting

Posted on by MidwestCompact

On January 14, 2016, the Utah Waste Management and Radiation Control Board held a regularly scheduled meeting beginning at 1:30 p.m. MT in Salt Lake City, Utah. The meeting, which was open to the public, was held in the Multi Agency State Office Building in Salt Lake City, Utah.

The following items, among others, were on the agenda for the Board meeting: call to order; approval of the meeting minutes for the December 10, 2015 Board meeting (Board Action Item); underground storage tanks update; hazardous waste rules including approval to proceed with formal rulemaking and 30-day public comment period for proposed Hazardous Waste Rules R315-103, R315-124, R315-260, R315-261, R315-262, R315-263, R315-264, R315-265, R315-266, R315-268, R315-270, and R315-273 (Board Action Item) and approval to proceed with formal rulemaking and 30-day public comment period for repeal of Hazardous Waste Rules R315-1, R315-2, R315-3, R315-4, R315-5, R315-6, R315-7, R315-8, R315-9, R315-12, R315-13, R315-14, R315-16, and R315-50 (Board Action Item); presentation on the X-Ray Program; other business including a miscellaneous information item and the next Board meeting; and, adjournment.

The Board—which is appointed by the Utah Governor with the consent of the Utah Senate—guides development of Radiation Control policy and rules in the state. The Board holds open meetings ten times per year at locations throughout the state. A public comment session is held at the end of each meeting.

Copies of the Utah Waste Management and Radiation Control Board meeting agendas and packet information can be found at http://www.deq.utah.gov/boards/waste/meetings.htm.

For additional information, please contact Rusty Lundberg, Deputy Director of the Division of Waste Management and Radiation Control at the Utah Department of Environmental Quality, at (801) 536-4257 or at rlundberg@utah.gov.