Tag: low-level radioactive waste

Texas Compact Commission Holds May 2019 Meeting

Posted on by MidwestCompact

On May 30, 2019, the Texas Low-Level Radioactive Waste Disposal Compact Commission (Texas Compact Commission) held a regularly scheduled meeting in Waco, Texas.  The meeting began at 9:00 a.m.  It was held in the Cooper Room at the Greater Waco Chamber of Commerce, which is located at 101 S 3rd Street, Waco, Texas 76701.  There was no live feed provided for the meeting; however, a video of the meeting will be posted to the Texas Compact Commission website once available.

The formal meeting agenda is available on the Texas Compact Commission’s web site at www.tllrwdcc.org. 

Agenda

The following is an abbreviated overview of the agenda for the Texas Compact Commission meeting.  Persons interested in additional detail are directed to the formal agenda themselves.

  • call to order;
  • roll call and determination of quorum;
  • introduction of Commissioners, elected officials and press;
  • moment of recognition for Jim Crowson;
  • public comment;
  • report from Deidre Delisi, Governmental Relations Representative, on her activities including a report on the 2019 Texas Legislative Session;
  • consideration of and possible action on applications for importation of low-level radioactive waste from Exelon Generation, Thomas Gray and Associates, Qal-Tek Associates and Ameren Missouri;
  • consideration of and possible action on applications for exportation of low-level radioactive waste from Bionomics;
  • receive reports from Waste Control Specialists LLC (WCS) about compact facility capacity, recent site operations and any other matter WCS wishes to bring to the attention of the Compact Commission;
  • discussion and possible action regarding the proposal for publication for public comment related to the amendment of 31 Texas Administrative Code (TAC) 675.20 concerning the definition of “small quantity generator and new rule 31 TAC 375.25 – Capacity Reservation for Small Quantity Generators;
  • consideration, evaluation and possible action with respect to the Texas Compact Commission credit card usage policies and limitations on the use of the credit card;
  • receive report from Chair on Texas Compact Commission activities including reporting on fiscal matters to be taken by the compact, electronic signature policy for the Texas Compact Commission and addressing personnel matters;
  • report from Leigh Ing, Executive Director of the Texas Compact Commission, on her activities and questions relating to Texas Compact Commission operations including work with the Southwestern Compact Executive Director in follow-up to the February 28, 2019 Texas Compact Commission meeting;
  • discussion and possible changes of dates and locations of future Texas Compact Commission meetings in 2019 and 2020;
  • discussion and possible action regarding the strategic direction of the Texas Compact Commission and associated fiscal and legal matters including staffing resources that may be needed to implement the strategic direction of the Commission;
  • discussion and possible action relating to staff contract renewal and personnel reviews for Leigh Ing, Andrew Tachovsky, Deidre Delisi and Diane Fulmer; and,
  • adjourn.

Background

The Texas Compact Commission may meet in closed session as authorized by the Texas Open Meetings Act, Chapter 551, Texas Government Code.  Texas Compact Commission meetings are open to the public.

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

Texas Compact Facility Legislative Oversight Report Released

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On December 1, 2018, the Joint Compact Facility Legislative Oversight Committee (Joint Committee) submitted its report on the Texas Low-Level Radioactive Waste Disposal Compact (Texas Compact) facility to the Senate Committee on Natural Resources and Economic Development and the House Committee on Environmental Regulation.

The Joint Committee was established pursuant to House Bill (HB) 2662, which was passed by the 85th Legislature during the regular session.  The Joint Committee heard invited and public testimony during a scheduled hearing on September 6, 2018.

Charge

Since opening in 2012, Waste Control Specialists (WCS) has operated at a loss.  According to the Joint Committee’s report, “there is continued concern that the current regulatory scheme, including fee allocation, is prohibitively cumbersome and that it may prevent any owner of the Facility from operating at a profit.”

The following is the charge for the Joint Committee pursuant to HB 2662:

Assessment of the Texas Low-Level Radioactive Waste Disposal Compact facility to include recommendations relating to costs, fees, and any other matters the legislative oversight committee determines are relevant to the compact facility and oversight of the compact facility. Report must include the results of the assessment.

Recommendations

The following overview of the Joint Committee’s recommendations includes detailed excerpts from the report.  Interested stakeholders seeking additional information should review the report in its entirety.

  • Waste Disposal Rates for In-Compact Generators The Joint Committee recognized the intent of the rate rule, while acknowledging that current compliance regulations pose a risk to the financial viability of a private operator.  The Joint Committee expressed a desire to retain the spirit of the rate rule by providing low prices to in-compact generators, but recognized that the contract review process has proven to be an impediment to WCS’s desire to participate in the free market for out-of-compact waste.  In the Committee’s discussion of the rate rule and pricing issue, a number of possible solutions were developed to the issues posed by the rate rule. The proposals included accepting WCS’ request to untether non-compact waste from the rate rule; creating a floating rate that is more adaptable to market conditions; and, developing quicker mechanisms to ensure compliance.
  • Contract Review The Joint Committee expressed concerns with allowing private companies to audit another private company with whom they are actively negotiating contracts due to the inequitable negotiating position in which WCS would be placed.  The Joint Committee further expressed concerns with adopting an alternative compliance mechanism without specificity in how it would be implemented.  Absent a sufficient regulatory framework, if in-compact generators and WCS ever disagreed on compliance with a contract, a potential for routine litigation may be created.  The Joint Committee recognized that untethering the out-of-compact rates would eliminate the need for a cumbersome contract review process.  The Joint Committee also discussed statutory changes that would allow TCEQ to review an aggregation of contracts rather than reviewing them on an individual basis.  Practically speaking, TCEQ would review both in-compact and out-of-compact contracts over a certain period of time and compare the average rates for each to verify compliance.
  • Fees and Surcharges The Joint Committee discussed the amount and purpose of the fees and surcharges assessed on both in-compact and out-of-compact waste.  The Joint Committee recognized that the default surcharge levels of 36.25% and 16.25% are excessive, especially in light of WCS’s competitor’s surcharges, and found that a reduction in fees may be reasonable.  The Joint Committee further recognized that reducing the surcharges would result in an increase in both in-compact and out-of-compact waste because WCS would be able to offer more competitive rates.  The Joint Committee considered that despite reducing the surcharges, the state might actually receive a greater financial benefit due to the increased volume of waste disposed that would be incentivized by lower surcharges.
  • Waste Disposal Capacity The Joint Committee recognized the balancing that is needed to ensure there is capacity for in-compact generators while also allowing WCS to accept imported waste to finance the operation and expansion of the facility.  In discussing this balance, a number of suggestions were made.  One suggestion was to aggregate the 275,000 annual curie limit over ten years, meaning the limit on imported waste would be 2.75 million curies over ten years.  This would provide WCS with the flexibility to bid on potential larger contracts without eliminating or increasing the average annual curie limit.  The Joint Committee noted that ARDT is requesting that capacity be guaranteed for in-compact waste without a guarantee that the in-compact generators will use the CWF instead of the alternative disposal and storage options.  Furthermore, imposing such a requirement necessarily requires a capital investment by WCS, while at the same time impeding their ability to compete for profit generating contracts.  In light of this, the Joint Committee also discussed imposing “take or pay” provisions.  This would require the in-compact generators to either use the facility or pay a fee for not meeting certain disposal quotas.  This would likely be based on ARDT’s suggested operational trigger that considers average historic volume disposed.  Requiring the in-compact generators to prepay for capacity was also an option discussed.  This would provide WCS with the capital necessary to build out capacity and also serve to incentivize in-compact generators to use the facility.
  • Fixed Costs/Costs of a State-Operated Facility The Joint Committee discussed alternatives to having a private operator for the CWF as it currently exists.  The Joint Committee unanimously expressed concerns regarding the potential cost if the state were to operate the CWF.  Furthermore, when specifically asked if TCEQ possesses the requisite expertise to manage and operate a CWF, TCEQ acknowledged that they do not.  The Joint Committee recognized that no existing state agency or office has the requisite expertise or ability to maintain and operate a CWF.  The state would thus need to appropriate funds to secure a contractor to operate the site on the state’s behalf.
  • Contingency Plan In response to the testimony provided by the Texas Compact Commission, the Joint Committee expressed serious concerns that a comprehensive contingency plan has yet to be developed, notwithstanding the Commission’s reservations about directing the state to take prescribed actions without input from a designated state office or agency.  While the Joint Committee recognized that the Texas Compact Commission does not have authority to access funds to implement the plan, it stated that the legislature could appropriate those funds separately, should the need arise to implement the plan.

Background

Texas and Vermont are currently members of Texas Compact for the purposes of assuring that each state is able to efficiently and safely dispose of low-level radioactive waste.  Per the terms of the Texas Compact, the State of Texas serves as the host state, meaning that Texas is responsible for providing a CWG to dispose of low-level waste generated within each state.  In exchange for serving as the host state, Texas received $25 million from Vermont.  The Texas Compact created the Texas Compact Commission whose primary responsibility is to ensure capacity at the CWF is available for the in-compact generators.

By far the largest generators of low-level waste are the nuclear power plants in each state.  There are two operational plants located in Texas and one plant in Vermont, the latter of which is expected to begin decommissioning in late 2019.  Other generators include universities and hospitals and research facilities.  The in-compact generators are represented by ARDT.

The Texas Compact creates a distinction between “in-compact waste” and “imported waste” or “non- compact waste.”  In-compact waste refers to waste generated from within the member states of Texas and Vermont.  Imported waste, or non-compact waste, is waste generated in any other state.  There are currently 34 states that are not in a compact or do not have a facility at which they can dispose of certain classes of low-level waste, namely Class B and Class C waste.

In order to satisfy Texas’ obligations under the Texas Compact, the state initially took steps to develop a CWF known as the Sierra Blanca site in Hudspeth County.  The site was ultimately unsuccessful in obtaining a license from the Texas Natural Resource Conservation Commission (TNRCC).  Subsequently, the legislature created a regulatory structure that allowed for a private operator to receive a permit to construct and operate the CWF.  WCS applied for, and was granted, a permit from the TCEQ – the regulatory agency responsible for permitting radioactive waste in Texas. WCS then financed the construction of the CWF, understanding that the state assumes legal liability for the waste buried at the CWF.

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

GTCC Draft Regulatory Basis Decoupled from Part 61 Rulemaking

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On October 23, 2018, a Staff Requirements Memorandum (SRM) was issued that directs U.S. Nuclear Regulatory Commission (NRC) staff to “decouple to the extent practicable the issuance of the draft Regulatory Basis directed in SRM-SECY-15-0094, ‘Historical and Current Issues Related to Disposal of Greater-than-Class C Low-Level Radioactive Waste,’ from Commission action on Part 61.”

The SRM states, “This decoupling would allow for earlier public engagement on staff’s analysis of any potential regulatory barriers to the disposal of Greater-than-Class C waste.”  The SRM was issued following a staff briefing for the Commission on topics associated with the decommissioning and low-level radioactive waste, as well as spent fuel storage and transportation business lines.

Overview

In SRM–SECY–15–0094, which was issued on December 22, 2015, the Commission directed the NRC staff to develop a regulatory basis for disposal of Greater-than-Class C (GTCC) and transuranic waste through means other than a deep geologic disposal (including near surface disposal) within six months of the completion of the final rule for Part 61 of title 10 of the Code of Federal Regulations, “Low-Level Radioactive Waste Disposal.”  (See LLW Notes, January/February 2017, p. 26.)  The Commission also directed the staff to conduct a public workshop during the development of the regulatory basis to receive input from stakeholders.  On September 8, 2017, in SRM–SECY–16–0106, “Final Rule: Low- Level Radioactive Waste Disposal,” the Commission revised its earlier directions regarding the development of the GTCC and transuranic waste regulatory basis.  (See LLW Notes, September/October 2017, pp. 1, 21-23.)  Specifically, the Commission directed the staff to develop the regulatory basis six months after the publication of the supplemental proposed rule for the 10 CFR Part 61 rulemaking.

The NRC staff is in the initial phase
of implementing the Commission’s directions in SRM–SECY–15–0094 and SRM–SECY–16–0106.  Accordingly, on February 14, 2018, NRC issued a Federal Register notice announcing that the agency is seeking stakeholder participation and involvement in identifying the various technical issues that should be considered in the development of a regulatory basis for the disposal of GTCC and transuranic radioactive waste through means other than a deep geologic disposal, including near surface disposal.  (See 83 Federal Register 6,475 dated February 14, 2018.)

According to the NRC, “[t]he process of potentially amending the NRC’s regulations is very thoughtful and deliberative because it can have significant impacts on members of the public, [s]tates, licensees and other stakeholders.”  The regulatory basis describes the various scientific, technical and legal issues associated with a potential rulemaking.  Therefore, as a part of the initial steps in implementing the Commission’s directions, the staff held a public meeting with stakeholders on February 22, 2018 to identify the various technical issues that should be considered in the development of a regulatory basis for the disposal of GTCC and transuranic waste.  The staff also requested that stakeholders respond to specific listed questions contained in the Federal Register notice that was issued on February 14, 2018.  Stakeholder comments were accepted through April 16, 2018.  (See LLW Notes, January/February 2018, pp. 29-33.)

When this initial phase is completed, staff plans to develop a regulatory basis, which will be provided for public review.  Staff plans to hold public meetings on the draft regulatory basis as well.  Once all of the foregoing is completed, the staff will develop a final regulatory basis.

Background

The NRC’s “Licensing Requirements for Land Disposal of Radioactive Waste” are provided in 10 CFR Part 61.  Section 10 CFR 61.2, “Definitions,” provides that waste as used in Part 61 means those low-level radioactive wastes containing source, special nuclear or byproduct material that are acceptable for disposal in a land disposal facility.  The definition also indicates that low- level radioactive waste means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel or byproduct material as defined in paragraphs (2), (3), and (4) of the definition of byproduct material in § 20.1003.

The Statements of Consideration (SOC) for the 10 CFR Part 61 proposed rule explained that not all waste may be suitable for disposal in the near surface.  Specifically, Section IV, “Purpose and Scope,” of the SOC indicates that, while 10 CFR Part 61 was intended to deal with the disposal of most low-level radioactive waste defined by the Low-Level Radioactive Waste Policy Act, the 10 CFR Part 61 waste classification system identified some low-level radioactive wastes that are not suitable for disposal under its regulatory framework, and alternative methods would have to be used.

In § 61.55, “Waste classification,” the NRC developed a classification system for waste for near surface disposal, which categorizes waste as Class A, B or C.  This provision also describes waste that is not generally acceptable for near-surface disposal, whose disposal methods must be more stringent than those specified for Class C waste.  This waste is referred to as GTCC waste.

Nuclear power reactors, facilities supporting the nuclear fuel cycle and other facilities and licensees outside of the nuclear fuel cycle generate the GTCC waste.  This class of wastes include:

  • plutonium- contaminated nuclear fuel cycle wastes;
  • activated metals;
  • sealed sources; and,
  • radioisotope product manufacturing wastes – i.e., wastes “occasionally generated as part of manufacture of sealed sources, radiopharmaceutical products and other materials used for industrial, education, and medical applications.”

Transuranic waste is not included in the § 61.2 definition of low-level radioactive waste.  In a 1988 amendment to the Atomic Energy Act of 1954, as amended, a definition for transuranic was added.  Transuranic waste is defined as “material contaminated with elements that have an atomic number greater than 92, including neptunium, plutonium, americium, and curium, and that are in concentrations greater than 10 nanocuries per gram [(nCi/g)], or in such other concentrations as the [U.S.] Nuclear Regulatory Commission may prescribe to protect the public health and safety.”  Transuranic waste is a byproduct of nuclear research and power production and is primarily produced from spent fuel recycling, medical isotope production or nuclear weapons fabrication.  The waste may consist of rags, tools and laboratory equipment contaminated with organic and inorganic residues.

The identification and evaluation of regulatory concerns associated with land disposal of GTCC and transuranic waste will largely depend on the characteristics of the wastes – i.e., isotopes; concentrations and volumes of waste; and, physical and chemical properties.  The variable characteristics of the waste can influence the decision regarding the appropriate regulatory approach to use for management and disposal of these wastes.  Overly conservative assumptions for the inventory and characteristics could significantly limit disposal options, whereas, overly optimistic assumptions with respect to characteristics could lead to a disposal facility that may not provide adequate protection of public health and safety and security.

For additional information, please contact Cardelia Maupin of the NRC’s Office of Nuclear Material Safety and Safeguards (NMSS) at (301) 415–4127 or at Cardelia.Maupin@nrc.gov.

Low-Level Radioactive Waste Forum Establishes New Working Group

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Will Address NRC Activities, Initiatives and Rulemakings

During the spring 2018 meeting of the Low-Level Radioactive Waste Forum (LLW Forum) in California, the organization’s Board of Directors passed a resolution to establish a new working group.

The purpose of the new working group is to review, consider and provide timely input and feedback from the states and low-level radioactive waste compact commissions on activities, initiatives and rulemakings of the U.S. Nuclear Regulatory Commission (NRC).

The text of the resolution, as approved by vote of the LLW Forum Board of Directors, is as follows:

As the U.S. Nuclear Regulatory Commission (NRC) has several significant activities, initiatives and rulemakings ongoing related to the management and disposition of low-level radioactive waste including, but not limited to:

  • completion of work on a final rule to amend Title 10 of the Code of Federal Regulations (10 CFR) Parts 20, “Standards for Protection Against Radiation,” and Part 61, “Licensing Requirements for Land Disposal of Radioactive Waste;”
  • outreach regarding proposed revisions to its guidance document for alternative disposal requests entitled, “Guidance for the Reviews of Proposed Disposal Procedures and Transfers of Radioactive Material Under 10 CFR 20.2002 and 10 CFR 40.13(a);”
  • preparation for a very low-level radioactive waste (VLLW) scoping study to identify possible options to improve and strengthen the NRC’s regulatory framework for the disposal of the anticipated large volumes of VLLW associated with the decommissioning of nuclear power plants and material sites, as well as waste that might be generated by alternative waste streams that may be created by operating reprocessing facilities or a radiological event;
  • publication of a draft regulatory basis for proposed new regulations on the decommissioning of commercial nuclear power reactors;

As various additional NRC activities, initiatives and rulemakings are planned upon the completion of the 10 CFR Part 61 rulemaking including, but not limited to:

  • drafting of proposed changes to 10 CFR Part 20 Appendix G and NUREG/BR-0204, which require that an NRC Uniform Waste Manifest (UWM) be prepared for waste intended for ultimate disposal at a licensed low-level radioactive waste land disposal facility;
  • consideration of a potential rulemaking on waste classification tables; and,
  • development of a regulatory basis for the disposal of Greater-than-Class C (GTCC) and transuranic waste through means other than a deep geologic disposal, including near surface disposal;

As the NRC is seeking and will continue to seek input from interested stakeholders on the above-referenced and initiatives and rulemakings and other activities related to the management and disposition of low-level radioactive waste;

As all currently operating low-level radioactive waste disposal facilities are regulated by the states in which they are located pursuant to agreements with the NRC;

As the Low-Level Radioactive Waste Forum (LLW Forum) is comprised of designated officials to represent the views and perspectives of states and low-level radioactive waste compact commissions on issues related to the management and disposition of low-level radioactive waste;

As the Low-Level Radioactive Waste Policy Act of 1980 and its 1985 amendments provides that the federal government will provide technical assistance to the states and low-level radioactive waste compact commissions;

As, during a March 2017 meeting, the then-Acting Assistant Secretary for Environmental Management at the U.S. Department of Energy (DOE) informed the LLW Forum that DOE would be reducing its funding to the LLW Forum in FY 2017 by 26% and that other federal agencies need to more equitably participate in future cost-sharing toward this program;

As, in March 2018, DOE notified the LLW Forum of an additional 50% cut in the remaining grant funding allocation for FY 2018;

As, at the fall 2011 LLW Forum meeting, the then-Director of NRC’s Division of Waste Management and Environmental Protection in the Office of Federal & State Materials & Environmental Management Programs specifically requested that the states and low-level radioactive waste compact commissions provide greater input and feedback on NRC activities, initiatives and rulemakings;

As, through the LLW Forum, the states and low-level radioactive waste compact commissions have created working groups to develop and submit input on a variety of NRC activities, initiatives and rulemakings including, but not limited to, the Branch Technical Position on Concentration Averaging and Encapsulation (CA BTP), 10 CFR Part 61 rulemaking, security and accountability of Category 3 radioactive sources and devices, and financial assurance regulations for radioactive byproduct material;

As, these LLW Forum-organized working groups have provided significant benefit and cost efficiencies to the NRC including having the states and low-level radioactive waste compacts resolve, where possible, conflicts and different perspectives prior to the submittal of input on NRC activities, initiatives and rulemakings;

Now Wherefore Be it Resolved that the LLW Forum hereby creates a working group that will review, consider and provide timely input and feedback from the states and low-level radioactive waste compact commissions on NRC activities, initiatives and rulemakings to the extent that financial resources are available;

Now Wherefore Be it Further Resolved that the LLW Forum will submit an unsolicited application for financial assistance to the NRC to fund the activities of the working group pursuant to NRC Management Directive 11.6, Financial Assistance Program, and in line with direction from the DOE for more equitable cost sharing and from NRC for increased comment from the states and low-level radioactive waste compact commissions on NRC activities, initiatives and rulemakings;

Now Wherefore Be it Further Resolved that the LLW Forum Chair, in consultation with the LLW Forum Executive Committee, will be empowered to designate state and compact representatives to participate on the working group;

Now Wherefore Be it Further Resolved that the working group may seek input from other stakeholders including, but not limited to, other federal agencies, waste disposal facility operators, brokers and processors, industry organizations, generators and users of radioactive materials.

 

The spring 2018 LLW Forum meeting was held at the Hyatt Regency Airport Hotel in San Francisco, California on April 16-17, 2018.

The Southwestern Low-Level Radioactive Waste Compact Commission co-sponsored the meeting.

If you have questions or require additional information, please contact Todd D. Lovinger, Esq. — Executive Director of the LLW Forum and Project Director of the Disused Sources and Part 61 Working Groups (DSWG/P61WG) — at (754) 779-7551 or at LLWForumInc@aol.com. 

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. 

Central Interstate Commission Passes Resolution Authorizing Waste Exports

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On June 20, 2017, the Central Interstate Low-Level Radioactive Waste Commission held its annual meeting at the Capital Hotel in Little Rock, Arkansas.

During the meeting, the Commission passed a resolution granting approval for all low-level radioactive waste generators in the compact region (Arkansas, Kansas, Louisiana, and Oklahoma) to export their low-level radioactive waste without first making application to the Commission.

The text of the resolution is as follows:

WHEREAS, the Central Interstate Low-Level Radioactive Waste Commission (“Commission”) was established in 1984 pursuant to the Central Interstate Low-Level Radioactive Waste Compact (“Compact”) (Public Law 99-240) and has, as current member states, Arkansas, Kansas, Louisiana, and Oklahoma, and  

WHEREAS, Article III.g. of the Compact provides that, unless authorized by the Commission, it shall be unlawful after January 1, 1986 for any person to export from the region, low-level radioactive waste (“LLRW”) generated within the region, and to transport LLRW from the site at which it is generated except to a regional facility, and 

WHEREAS, in 2006, the Commission adopted a resolution to not actively pursue siting a regional facility in one of the member states, and  

WHEREAS, by not having a regional facility in one of the member states, all LLRW generators in the member states have exported their LLRW wastes from the region to a non-Compact disposal facility after having applied to, and obtained authorization from, the Commission, as required by Article III.g., and 

WHEREAS, the Commission has determined there is no further need to require each LLRW generator to apply to the Commission for export authorization,  

BE IT NOW THEREFORE RESOLVED THAT:

 

A. This Resolution shall take effect July 1, 2017 and shall serve as authorization for export required under Article III.g. of the Compact.

B. The Commission authorizes all LLRW generators within the member states to export LLRW generated at their facilities to any duly authorized and permitted disposal facility outside of the Compact, without application to the Commission or payment of any application fee, provided the export is done in compliance with all applicable state and federal laws and regulations and any terms or conditions required of both the disposal facility to receive the LLRW and the regional Compact in which the disposal facility is located. 

C. Within 30 days of the date this Resolution is adopted, the Administrator shall ensure a copy of this Resolution is posted on the Commission’s webpage and is provided to: 

  • all LLRW generators who have filed Export Applications with the Commission during Fiscal Years 2015 to the present; and
  • the following LLRW disposal facilities and their associated Compact:
    • EnergySolutions in Barnwell, South Carolina (Atlantic Compact);
    • EnergySolutions in Clive, Utah (Northwest Compact);
    • S. Ecology in Richland, Washington (Northwest Compact); and
    • Waste Control Specialists in Andrews, Texas (Texas-Vermont Compact).

This resolution shall remain in effect until modified, suspended, or revoked by the Commission.

The resolution was adopted by a 4 to 0 vote of the Central Interstate Low-Level Radioactive Waste Commission.  The effective date of the resolution, which was signed by Commission Chair Jon Roberts, is July 1, 2017.

For additional information, please contact Kristie Valtierra, Administrator of the Central Interstate Low-Level Radioactive Waste Compact Commission, at (402) 702-5220 or at admin@cillrwcc.org or visit their web site at www.cillrwcc.org.

District Court Prohibits Proposed Acquisition of Waste Control Specialists by EnergySolutions

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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.

Washington Releases Annual Environmental Monitoring Report

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In the spring of 2017, the Office of Radiation Protection, Environmental Public Health Division, Washington State Department of Health released US Ecology Washington’s Annual Environmental Monitoring Report for Calendar Year 2015.

Each year, US Ecology Washington submits an annual report, which is required by state law and the Washington State Department of Health’s license conditions as per Washington Administrative Code (WAC) 246-250-600.  WAC 246-250-340 also requires environmental monitoring.

US Ecology Washington receives and disposes low-level radioactive waste at the Hanford Site near Richland, Washington.

The report is now available on the agency’s website at www.doh.wa.gov.  For additional information, please contact Kate Lynch at (360) 236-3259 or at kate.lynch@doh.wa.gov.

NAS Releases LLW Workshop Proceedings

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On April 13, 2017, the National Academies of Sciences, Engineering, and Medicine (NAS) released the publication, Low-Level Radioactive Waste Management and Disposition: Proceedings of a Workshop.  The NAS Nuclear and Radiation Studies Board, Division on Earth and Life Studies, hosted the workshop on October 24-25, 2016.  The workshop was held at the NAS’ Keck Center, which is located at 500 Fifth Street NW in Washington, DC.

Background

The U.S. Department of Energy’s Office of Environmental Management (DOE-EM) is responsible for the cleanup of the sites used by the federal government for nuclear weapons development and nuclear energy research.  DOE-EM cleanup involves retrieval, treatment, storage, transportation, and disposition of hundreds of different radioactive and hazardous solid and liquid wastes.

Low-level radioactive waste—which is defined by exclusion as waste that does not meet the statutory definitions for spent nuclear fuel, high-level radioactive waste, or transuranic waste—is physically and chemically diverse, ranging from lightly contaminated soils and building materials to highly irradiated nuclear reactor components.  It is the most volumetrically significant waste stream (millions of cubic meters) being generated by the cleanup program.

Overview

The workshop considered similarities between successful case studies, in which unique disposition pathways have been developed to address low-level radioactive wastes, and explored ways to extend these similar characteristics to problematic wastes—i.e., low-level radioactive wastes currently without a clear disposition pathway.

Specifically, the workshop explored:

  •   the key physical, chemical, and radiological characteristics of low-level radioactive waste that govern its safe and secure management (i.e., packaging, transport, storage) and disposition, in aggregate and for individual waste-streams; and,
  •   how key characteristics of low-level waste are incorporated into standards, orders, and regulations that govern the management and disposition of low-level radioactive waste in the United States and in other major waste-producing countries.

For additional information, please contact Jennifer Heimberg, Senior Program Officer, Nuclear and Radiation Studies Board (NRSB), Board on Life Sciences (BLS), Board on Environmental Change and Society (BECS), NAS at (202) 334-3293 or at jheimberg@nas.edu.

The NSA proceedings are available to interested stakeholders for free download at https://www.nap.edu/catalog/24715/.

Texas Compact Commission Holds February 2017 Meeting

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On February 23, 2017, the Texas Low-Level Radioactive Waste Disposal Compact Commission (Texas Compact Commission) held a regularly scheduled meeting in Austin, Texas.  The following items were on the meeting agenda:

  • call to order;
  • roll call and determination of quorum;
  • introduction of Commissioners, elected officials and press;
  • public comment;
  • consideration of and possible action on an amendment to an import agreement for importation of low-level radioactive waste from ThermoProcess;
  • consideration of and possible action on applications and proposed agreements for importation of low-level radioactive waste from EnergySolutions Bear Creek and RAM Services;
  • consideration of and possible action on an amendment to an exportation agreement for exportation of low-level radioactive waste from Bionomics TAMU Kingsville;
  • consideration of and possible action on applications for exportation of low-level radioactive waste from Bionomics Peleton;
  • discussion and consultation with legal counsel concerning pending litigation United States v. EnergySolutions, Inc. (Civil Action No.: 1:16-cv-01056-GMS) and responses to inquiries and requests from litigants in the litigation;
  • receive reports from Waste Control Specialists LLC (WCS) about recent site operations and any other matter WCS wishes to bring to the attention of the Texas Compact Commission;
  • receive reports from Texas Compact Commission committees including the Rules Committee (as Chaired by Commissioner Morris) and the Capacity Committee (as Chaired by Commissioner Weber);
  • Chairman’s report on Texas Compact Commission activities including reporting on fiscal matters to be taken by the compact and addressing personnel matters;
  • report from Leigh Ing, Executive Director of the Texas Compact Commission, on her activities and questions related to Texas Compact Commission operations;
  • discussion and possible changes of dates and locations of future Texas Compact Commission meetings in 2017; and,
  • adjourn.

The Texas Compact Commission may meet in closed session as authorized by the Texas Open Meetings Act, Chapter 551, Texas Government Code.  Texas Compact Commission meetings are open to the public.

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

Department of Justice Files Civil Antitrust Lawsuit to Block Proposed EnergySolutions’ Acquisition of Waste Control Specialists

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The U.S. Department of Justice (DOJ) recently announced that it has filed a civil antitrust lawsuit seeking to block the proposed $367 million acquisition of Waste Control Specialists LLC by EnergySolutions.  The suit was filed in the U.S. District Court for the District of Delaware on November 16, 2016.

According to DOJ’s press release, 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 argues 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.”

“Since opening its … [low-level radioactive waste] disposal facility in 2012, Waste Control Specialists has provided EnergySolutions the only real competition it has ever faced,” said Acting Assistant Attorney General Renata Hesse of the DOJ’s Antitrust Division.  “This competition has allowed customers to extract better prices and to receive better and more innovative service in the … [low-level radioactive waste] disposal industry.  If consummated, EnergySolutions’ proposed acquisition of Waste Control Specialists would make EnergySolutions the only option for customers in nearly 40 states.  And this at a time when projects worth billions of dollars are set to be awarded in the coming years.”

DOJ’s press release asserts that Waste Control Specialists provides the “only true competition” for EnergySolutions.  “That competition has led to increased innovation and lower prices for customers,” contends DOJ.  “EnergySolutions’ acquisition of Waste Control Specialists would eliminate that competition, with no likelihood of new entry to fill the void.”

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.

EnergySolutions offers customers a full range of integrated services and solutions, including nuclear operations, characterization, decommissioning, decontamination, site closure, transportation, nuclear materials management, processing, recycling, and disposition of nuclear waste, and research and engineering services across the nuclear fuel cycle.

Waste Control Specialists operates a West Texas facility for the processing, treatment, storage and disposal of a broad range of low-level radioactive and hazardous wastes.

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 WCS, please contact Rodney Baltzer at (972) 450-4235 or at rbaltzer@valhi.net or visit the company’s web site at www.valhi.net.  For additional information about the proposed acquisition, please contact Mark Walker at mwalker@energysolutions.com or at (801) 231-9194.

NRC Releases RIS 2016-11 re Requests to Dispose of Very Low-Level Radioactive Waste Pursuant to 10 CFR 20.2002

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On November 13, 2016, the U.S. Nuclear Regulatory Commission (NRC) issued Regulatory Issue Summary (RIS) 2016-11 to correct the information provided in Information Notice (IN) 1986-90, “Requests to Dispose of Very Low-Level Radioactive Waste Pursuant to 10 CFR 20.302.”  RIS 2016-11 clarifies the application process for obtaining approvals to dispose of low-level radioactive waste in accordance with Title 10 of the Code of Federal Regulations (10 CFR) 20.2002 regulations, or equivalent Agreement State regulations.

The NRC expects recipients to review the information for applicability to their facilities and to consider actions, as appropriate.  However, RIS 2016-11 requires no specific action or written response on the part of an addressee.  The NRC is providing RIS 2016-11 to the Agreement States for their information and distribution to their licensees as appropriate.  RIS 2016-11 supersedes Information Notice (IN) 1986-90.

NRC regulations in 10 CFR 20.2002 provide that a licensee or applicant for a license may apply to the Commission for approval of procedures to dispose of licensed material not otherwise authorized in 10 CFR Part 20 for disposal.  Licensees have used 10 CFR 20.2002 to dispose of very low-level radioactive waste on a site-specific basis.  RIS 2016-11 makes the clarification that any licensee’s request for approval to dispose of licensed material under 10 CFR 20.2002, or the equivalent Agreement State regulations, must be submitted to the regulatory authority that issued the license for use of the radioactive material.  For licensees under 10 CFR Part 50, “Domestic Licensing of Production and Utilization Facilities,” or Part 52, “Licenses, Certifications, and Approvals for Nuclear Power Plants,” this request should be made to the NRC in accordance with 10 CFR 50.4, “Written Communications” or 10 CFR 52.3, ”Written Communications.”  For NRC-issued licenses under 10 CFR Parts 30 (“Rules of General Applicability to Domestic Licensing of Byproduct Material”), 40 (“Domestic Licensing of Source Material”), and 70 (“Domestic Licensing of Special Nuclear Material”), the request should be made in accordance with 10 CFR 30.6, 10 CFR 40.5, or 10 CFR 70.5, “Communications.”  For Agreement State licensees, this request should be made directly to the Agreement State regulatory authority.  If the Agreement State has not adopted regulations equivalent to 10 CFR 20.2002, then the state may accomplish the same regulatory authorization through application of its specific exemption authority, which could approve the request to dispose of licensed material using procedures not otherwise authorized.  Also, radioactive material licensees receiving a 10 CFR 20.2002 approval must follow other permitting requirements.

For additional information on RIS 2016-11, please contact Donald Lowman of NMSS at (301) 415-5452 or at Donald.Lowman@nrc.gov; Micheal Smith of NRR at (301) 415-3763 or at Micheal.Smith@nrc.gov; or, Stephen Poy of NMSS at (301) 415-7135 or at Stephen.Poy@nrc.gov.

NAS Hosts LLW Management and Disposition Workshop

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On October 24-25, 2016, the Nuclear and Radiation Studies Board, Division on Earth and Life Studies, of the National Academies of Sciences, Engineering and Medicine hosted a low-level radioactive waste management and disposition workshop.  The workshop was held at the Keck Center of the National Academies, which is located at 500 Fifth Street NW in Washington, DC.

The U.S. Department of Energy’s Office of Environmental Management (DOE-EM) is responsible for the cleanup of the sites used by the federal government for nuclear weapons development and nuclear energy research.  DOE-EM cleanup involves retrieval, treatment, storage, transportation, and disposition of hundreds of different radioactive and hazardous solid and liquid wastes.

Low-level radioactive waste—which is defined by exclusion as waste that does not meet the statutory definitions for spent nuclear fuel, high-level radioactive waste, or transuranic waste—is physically and chemically diverse, ranging from lightly contaminated soils and building materials to highly irradiated nuclear reactor components.  It is the most volumetrically significant waste stream (millions of cubic meters) being generated by the cleanup program.

The workshop considered similarities between successful case studies, in which unique disposition pathways have been developed to address low-level radioactive wastes, and explored ways to extend these similar characteristics to problematic wastes—i.e., low-level radioactive wastes currently without a clear disposition pathway.

Specifically, the workshop explored:

  •   the key physical, chemical, and radiological characteristics of low-level radioactive waste that govern its safe and secure management (i.e., packaging, transport, storage) and disposition, in aggregate and for individual waste-streams; and,
  •   how key characteristics of low-level waste are incorporated into standards, orders, and regulations that govern the management and disposition of low-level radioactive waste in the United States and in other major waste-producing countries.

For additional information about the meeting, please go to http://dels.nas.edu/Upcoming-Workshop/Level-Radioactive-Waste-Management/AUTO-6-58-82-D?bname=nrsb.

NRC Posts Additional CA BTP Implementation Questions & Answers

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On August 29, 2016, the U.S. Nuclear Regulatory Commission (NRC) announced that additional questions and answers (Nos. 22, 23, and 24) regarding implementation of the revised Branch Technical Position on Concentration Averaging and Encapsulation (CA BTP) have been posted to the NRC public website at http://www.nrc.gov/waste/llw-disposal/llw-pa/llw-btp.html.

The regulatory requirements for licensing a low-level radioactive waste disposal facility describe a system for classifying low-level radioactive waste for near-surface disposal.  Classification of low-level radioactive waste is based on the concentrations of certain radionuclides, and 10 CFR § 61.55(a)(8) specifically allows for averaging of concentrations in determining the waste class.  The CA BTP expands on those regulatory requirements by describing acceptable averaging methods that can be used in classifying waste.

For additional information, please contact Don Lowman, Project Manager for NMSS/DSFM/SFLB, at (301) 415-5452 or at Donald.Lowman@nrc.gov.

New York Issues 30th Annual Low-Level Waste Status Report

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In July 2016, the New York State Energy and Research Development Authority (NYSERDA) released the thirtieth annual New York State Low-Level Radioactive Waste Status Report.

The 2015 Status Report provides data on the volume and activity of low-level radioactive waste shipped to out-of-state disposal sites.  It also includes data on low-level radioactive waste stored at the end of the year pending disposal.

The New York State Low-Level Radioactive Waste Management Act (Chapter 673, Laws of 1986) requires facilities in the State of New York that produce low-level radioactive waste to file annual reports with NYSERDA detailing the types and quantities of waste generated.  The Act further requires NYSERDA to prepare an annual status report summarizing this information and to submit the report to the Governor and the New York state legislature.

The report, which covers calendar year 2015, is available on NYSERDA’s website at www.nyserda.ny.gov/llw-reporting.

 

For additional information, please contact Alyse Peterson, NYSERDA’s Senior Project Manager for Radioactive Waste Policy and Nuclear Coordination, at (518) 862-1090 ext. 3274 or at alp@nyserda.ny.gov.

Southeast Compact Commission Elects New Officers

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On June 23, 2016, the Southeast Compact Commission for Low-level Radioactive Waste Management elected the following new officers at its 108th Business Meeting in Atlanta, Georgia.

  •   Debra Shults:  The Commission elected Debra Shults as Chair, which duties will include presiding at all Commission meetings, appointing the membership of all committees of the Commission, officially representing the Commission, and performing all other duties that are normally performed by a presiding officer.  Shults has served as an Alternate Commissioner from the State of Tennessee since 1989 and as the Commission’s Vice-Chair since 2004.  She has over thirty years of professional experience in managing environmental programs in the state.  In 2010, Shultz was appointed as the Director of the Division of Radiological Health (DRH)) in the Department of Environment and Conservation (TDEC).  She serves as the Governor’s appointed State Liaison Officer to the U.S. Nuclear Regulatory Commission (NRC); the designee to receive advance notifications regarding shipments of certain radioactive materials per 10 CFR 37; and, as Treasurer of the Organization of Agreement States (OAS).
  •   Steve Harrison:  The Commission elected Steve Harrison as Chair-Elect.  His duties will include representing the Commission on behalf of the Chair when needed; preparing to assume the position of Chair to assure continuity in the leadership of the Commission; and, assumption of the position of Chair if the current Chair is unable to perform her duties.  As Chair-Elect, Harrison will serve as the Vice-Chair and will automatically become the Chair after serving a two-year term as Chair-Elect.  Harrison has served as one of the two Commissioners from the Commonwealth of Virginia since 2014.  He has served as the Director of the Commonwealth’s Office of Radiological Health in the Virginia Department of Health (VDH) since 2012.  Harrison joined VDH in 2003 where he has served as Assistant State Planning Coordinator, State Hospital Coordinator, Strategic National Stockpile and Exercise Coordinator, and Emergency Preparedness & Response’s Central Region Planner.  Prior to joining VDH, Harrison worked for Dominion Resources for 23 years, where he performed nuclear emergency planning and conducted radiological surveillance and testing.
  •   Paul Burks:  The Commission elected Paul Burks as Secretary/Treasurer, which duties will include supervising and controlling the funds of the Commission and ensuring that the minutes of all Commission meetings are recorded, prepared, and distributed to each member of the Commission.  Burks has represented the State of Georgia since 1984.  He has served on various committees of the Commission and as Chair of the Administrative Committee.  After serving nearly 31 years in Georgia state government, Burks retired in 2006 as the Executive Director of the Georgia Environmental Facilities Authority (GEFA).  Since 2008, he has worked on a consulting and part-time basis for the Carl Vinson Institute of Government of the University of Georgia.  He currently serves as State Services Liaison for the Institute.

The Southeast Compact for Low-Level Radioactive Waste Management is an agreement among six states—Alabama, Florida, Georgia, Mississippi, Tennessee, and Virginia—to provide for the responsible management of the region’s low-level radioactive waste.  The Southeast Compact Commission oversees administration of the Compact.

For additional information, please contact Ted Buckner, Executive Director of the Southeast Compact Commission for Low-Level Radioactive Waste Management, at (919) 380-7780 or at tedb@secompact.org or go to the Southeast Compact Commission’s web site at www.secompact.org.

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

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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.

NRC Seeks Comments re Contaminated Material and Contaminated Trash

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In a Federal Register notice issued on January 20, 2016, the U.S. Nuclear Regulatory Commission (NRC) announced that the agency is requesting comments on whether NRC staff should formally document a position on contaminated material and contaminated trash.

In February 2015, NRC issued Revision 1 of the Branch Technical Position on Concentration Averaging and Encapsulation (CA BTP). The CA BTP provides acceptable methods that can be used to perform concentration averaging of low-level radioactive waste for the purpose of determining its waste class for disposal. When the NRC issued the revised CA BTP, it noted that one issue, distinguishing contaminated materials from contaminated trash, may need further clarification. The NRC also stated that it would consider whether additional guidance, such as a Regulatory Issue Summary (RIS), would be warranted for distinguishing contaminated materials from contaminated trash.

Interested stakeholders are requested to submit comments by March 21, 2016. Comments received after this date will be considered if it is practical to do so, but NRC is able to ensure consideration only for comments received before this date.

The Federal Register notice includes a list of questions for which the NRC is requesting specific comments, as well as information on how to submit comments.

NRC’s request for comments can be found at 81 Federal Register 3,166 (January 20, 2016) via the following link: https://www.gpo.gov/fdsys/pkg/FR-2016-01-20/pdf/2016-00972.pdf.

For additional information, please contact Don Lowman, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, at (301) 415– 5452 or at Donald.Lowman@nrc.gov.