Mass. Gen. Laws ch. 111H, sec. 12 — MA Code / Part I / Title XVI / Chapter 111H / Section 12
Preparation, adoption by regulation, and implementation of management plan; contents of plan
Status: in_force

Section 12. (a) The board shall prepare, adopt by regulation, and implement a management plan to provide for the safe and efficient management of low-level radioactive waste. The primary consideration guiding the development of the management plan shall be the protection of public health, safety and the environment. The management plan shall be reviewed annually and revised as necessary. (b) The management plan shall include, but not be limited to: (1) a classification system, compatible with federal requirements and the regulations adopted by the department of public health under section sixteen, for all low-level radioactive waste generated, treated or disposed of in the commonwealth, based primarily on its radiological toxicity and radioactive half-life and also on the principal radionuclides present in the waste and their concentrations; its specific radioactivity; its chemical and biological toxicity and form; its chemical reactivity; its volume and such other characteristics as the board deems necessary to determine which classes of low-level radioactive waste may be stored for decay, which classes of low-level radioactive waste will require disposal and which classes will require special management procedures in order to facilitate the safe and timely closure, post-closure observation and maintenance and institutional control of the facility accepting such low-level radioactive waste; (2) a review and analysis of current and developing low-level radioactive waste management technologies and practices, including their potential public health, safety and environmental impacts; their cost-effectiveness; their climatic, geologic, hydrogeologic, or other requirements; and their suitability for the low-level radioactive waste managed within the commonwealth; and any recommendations for regulatory or other actions to improve the safety or efficiency of such technologies and practices, and to ensure that the value of property in the vicinity of any facility is maintained; (3) an inventory of all generators located in the commonwealth or whose low-level radioactive waste is to be accepted for treatment, storage or disposal within the commonwealth, including information on their location, products, services, clinical procedures, and teaching or research activities and an evaluation of the economic benefit to the commonwealth of such products, services and activities; the volume, characteristics and curies of their current and projected generation of low-level radioactive waste in compliance with any regulations adopted by the department of public health pursuant to section thirteen; and their current and projected low-level radioactive waste management activities including source minimization, volume minimization, on-site storage, treatment, packaging and transportation practices; (4) an inventory of all facilities within or outside the commonwealth under development or available to accept low-level radioactive waste generated within the commonwealth, including information on their location, size and capacity, and on the volume, characteristics and curies of the low-level radioactive waste accepted or to be accepted at such facilities; and projections of the anticipated future capacity and availability of such facilities to meet future needs; (5) a finding as to whether there is a requirement for additional facility capacity to meet present low-level radioactive waste management needs or needs anticipated to arise within the next decade, a specification of the volumes and classifications of low-level radioactive waste to be accepted during operation of such a facility and the minimum land area requirement of such a facility, and a statement of the factual basis of such finding and specification; (6) a review and analysis of proposals for, and the utilization of, all low-level radioactive waste transportation routes, practices, regulations and emergency response and enforcement capabilities employed within the commonwealth; (7) a report of all facilities in operation, temporary closure, closure, post-closure observation and maintenance or institutional control including the results of the most recent financial audit of each facility conducted by the state auditor pursuant to section thirty-eight; an analysis of fees being collected by the operator to demonstrate the financial integrity of its operation; the expected availability of sufficient funds to carry out facility closure and post-closure observation and maintenance; the expected adequacy of the contingent liability account and institutional control account within the Low-level Radioactive Waste Trust Fund established in section forty-one; based on the annual report of the environmental monitoring program, issued pursuant to section thirty-six; a summary of procedures used to monitor each facility, the principal findings made concerning the facility and a detailed account of any release at the facility of radioactive or toxic materials into the workplace or the environment, including the measures taken to contain or remedy such release; and the facility closure plan prepared pursuant to regulations adopted under section sixteen; (8) a review and analysis of the adequacy of available insurance protection for low-level radioactive waste management activities against personal injury and property damage, including third-party liability insurance; (9) a review and analysis of the effectiveness and feasibility of, and the development of recommendations for, encouraging or requiring minimization of the volume, radioactivity, toxicity, or other characteristics of low-level radioactive waste; and (10) interim and emergency storage plans to go into effect whenever it appears that no facility is or will be available to accept low-level radioactive waste generated within the commonwealth. Such plans may include contractual agreements with facilities located outside the commonwealth. Notwithstanding any provision of section sixteen, if such plans include the development of an interim or emergency storage facility, the board or its designee may apply for a facility license in accordance with the provisions of section thirty-one and, upon its issuance, may construct and operate a facility to accept low-level radioactive waste for interim or emergency storage; provided, however, that no such facility may be constructed unless the department of public health has determined that the environmental monitoring program required in section thirty-six has yielded representative baseline data; and provided, further, that the board shall specify in its interim and emergency storage plans the maximum length of time during which such a facility may be utilized.

Section 12. (a) The board shall prepare, adopt by regulation, and implement a management plan to provide for the safe and efficient management of low-level radioactive waste. The primary consideration guiding the development of the management plan shall be the protection of public health, safety and the environment. The management plan shall be reviewed annually and revised as necessary.

(b) The management plan shall include, but not be limited to:

(1) a classification system, compatible with federal requirements and the regulations adopted by the department of public health under section sixteen, for all low-level radioactive waste generated, treated or disposed of in the commonwealth, based primarily on its radiological toxicity and radioactive half-life and also on the principal radionuclides present in the waste and their concentrations; its specific radioactivity; its chemical and biological toxicity and form; its chemical reactivity; its volume and such other characteristics as the board deems necessary to determine which classes of low-level radioactive waste may be stored for decay, which classes of low-level radioactive waste will require disposal and which classes will require special management procedures in order to facilitate the safe and timely closure, post-closure observation and maintenance and institutional control of the facility accepting such low-level radioactive waste;

(2) a review and analysis of current and developing low-level radioactive waste management technologies and practices, including their potential public health, safety and environmental impacts; their cost-effectiveness; their climatic, geologic, hydrogeologic, or other requirements; and their suitability for the low-level radioactive waste managed within the commonwealth; and any recommendations for regulatory or other actions to improve the safety or efficiency of such technologies and practices, and to ensure that the value of property in the vicinity of any facility is maintained;

(3) an inventory of all generators located in the commonwealth or whose low-level radioactive waste is to be accepted for treatment, storage or disposal within the commonwealth, including information on their location, products, services, clinical procedures, and teaching or research activities and an evaluation of the economic benefit to the commonwealth of such products, services and activities; the volume, characteristics and curies of their current and projected generation of low-level radioactive waste in compliance with any regulations adopted by the department of public health pursuant to section thirteen; and their current and projected low-level radioactive waste management activities including source minimization, volume minimization, on-site storage, treatment, packaging and transportation practices;

(4) an inventory of all facilities within or outside the commonwealth under development or available to accept low-level radioactive waste generated within the commonwealth, including information on their location, size and capacity, and on the volume, characteristics and curies of the low-level radioactive waste accepted or to be accepted at such facilities; and projections of the anticipated future capacity and availability of such facilities to meet future needs;

(5) a finding as to whether there is a requirement for additional facility capacity to meet present low-level radioactive waste management needs or needs anticipated to arise within the next decade, a specification of the volumes and classifications of low-level radioactive waste to be accepted during operation of such a facility and the minimum land area requirement of such a facility, and a statement of the factual basis of such finding and specification;

(6) a review and analysis of proposals for, and the utilization of, all low-level radioactive waste transportation routes, practices, regulations and emergency response and enforcement capabilities employed within the commonwealth;

(7) a report of all facilities in operation, temporary closure, closure, post-closure observation and maintenance or institutional control including the results of the most recent financial audit of each facility conducted by the state auditor pursuant to section thirty-eight; an analysis of fees being collected by the operator to demonstrate the financial integrity of its operation; the expected availability of sufficient funds to carry out facility closure and post-closure observation and maintenance; the expected adequacy of the contingent liability account and institutional control account within the Low-level Radioactive Waste Trust Fund established in section forty-one; based on the annual report of the environmental monitoring program, issued pursuant to section thirty-six; a summary of procedures used to monitor each facility, the principal findings made concerning the facility and a detailed account of any release at the facility of radioactive or toxic materials into the workplace or the environment, including the measures taken to contain or remedy such release; and the facility closure plan prepared pursuant to regulations adopted under section sixteen;

(8) a review and analysis of the adequacy of available insurance protection for low-level radioactive waste management activities against personal injury and property damage, including third-party liability insurance;

(9) a review and analysis of the effectiveness and feasibility of, and the development of recommendations for, encouraging or requiring minimization of the volume, radioactivity, toxicity, or other characteristics of low-level radioactive waste; and

(10) interim and emergency storage plans to go into effect whenever it appears that no facility is or will be available to accept low-level radioactive waste generated within the commonwealth. Such plans may include contractual agreements with facilities located outside the commonwealth. Notwithstanding any provision of section sixteen, if such plans include the development of an interim or emergency storage facility, the board or its designee may apply for a facility license in accordance with the provisions of section thirty-one and, upon its issuance, may construct and operate a facility to accept low-level radioactive waste for interim or emergency storage; provided, however, that no such facility may be constructed unless the department of public health has determined that the environmental monitoring program required in section thirty-six has yielded representative baseline data; and provided, further, that the board shall specify in its interim and emergency storage plans the maximum length of time during which such a facility may be utilized.