I
104TH CONGRESS
1ST SESSION
H. R. 558
To grant the consent of the Congress to the Texas Low-Level Radioactive
Waste Disposal Compact.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 18, 1995
Mr. FIELDS of Texas (for himself, Mr. DELAY, Mr. LAUGHLIN, and Mr.
HALL of Texas) introduced the following bill; which was referred to the
Committee on Commerce
A BILL
To grant the consent of the Congress to the Texas Low-
Level Radioactive Waste Disposal Compact.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Texas Low-Level Ra-
dioactive Waste Disposal Compact Consent Act’’.
SEC. 2. CONGRESSIONAL FINDING.
The Congress finds that the compact set forth in sec-
tion 5 is in furtherance of the Low-Level Radioactive
Waste Policy Act (42 U.S.C. 2021b et seq.).
SEC. 3. CONDITIONS OF CONSENT TO COMPACT.
The consent of the Congress to the compact set forth
in section 5—
(1) shall become effective on the date of the en-
actment of this Act;
(2) is granted subject to the provisions of the
Low-Level Radioactive Waste Policy Act (42 U.S.C.
2021b et seq.); and
(3) is granted only for so long as the regional
commission established in the compact complies with
all of the provisions of such Act.
SEC. 4. CONGRESSIONAL REVIEW.
The Congress may alter, amend, or repeal this Act
with respect to the compact set forth in section 5 after
the expiration of the 10-year period following the date of
the enactment of this Act, and at such intervals thereafter
as may be provided in such compact.
SEC. 5. TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL
COMPACT.
In accordance with section 4(a)(2) of the Low-Level
Radioactive Waste Policy Act (42 U.S.C. 2021d(a)(2)),
the consent of the Congress is given to the States of
Texas, Maine, and Vermont to enter into the Texas Low-
Level Radioactive Waste Disposal Compact. Such compact
is substantially as follows:
‘‘TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL
COMPACT
‘‘ARTICLE I. POLICY AND PURPOSE
‘‘SEC. 1.01. The party states recognize a responsibil-
ity for each state to seek to manage low-level radioactive
waste generated within its boundaries, pursuant to the
Low-Level Radioactive Waste Policy Act, as amended by
the Low-Level Radioactive Waste Policy Amendments Act
of 1985 (42 U.S.C. 2021b–2021j). They also recognize
that the United States Congress, by enacting the Act, has
authorized and encouraged states to enter into compacts
for the efficient management and disposal of low-level ra-
dioactive waste. It is the policy of the party states to co-
operate in the protection of the health, safety, and welfare
of their citizens and the environment and to provide for
and encourage the economical management and disposal
of low-level radioactive waste. It is the purpose of this
compact to provide the framework for such a cooperative
effort; to promote the health, safety, and welfare of the
citizens and the environment of the party states; to limit
the number of facilities needed to effectively, efficiently,
and economically manage low-level radioactive waste and
to encourage the reduction of the generation thereof; and
to distribute the costs, benefits, and obligations among the
party states; all in accordance with the terms of this com-
pact.
‘‘ARTICLE II. DEFINITIONS
‘‘SEC. 2.01. As used in this compact, unless the con-
text clearly indicates otherwise, the following definitions
apply:
‘‘(1) ‘Act’ means the Low-Level Radioactive
Waste Policy Act, as amended by the Low-Level Ra-
dioactive Waste Policy Amendments Act of 1985 (42
U.S.C. 2021b–2021j).
‘‘(2) ‘Commission’ means the Texas Low-Level
Radioactive Waste Disposal Compact Commission
established in Article III of this compact.
‘‘(3) ‘Compact facility’ or ‘facility’ means any
site, location, structure, or property located in and
provided by the host state for the purpose of man-
agement or disposal of low-level radioactive waste for
which the party states are responsible.
‘‘(4) ‘Disposal’ means the permanent isolation
of low-level radioactive waste pursuant to require-
ments established by the United States Nuclear Reg-
ulatory Commission and the United States Environ-
mental Protection Agency under applicable laws, or
by the host state.
‘‘(5) ‘Generate,’ when used in relation to low-
level radioactive waste, means to produce low-level
radioactive waste.
‘‘(6) ‘Generator’ means a person who produces
or processes low-level radioactive waste in the course
of its activities, excluding persons who arrange for
the collection, transportation, management, treat-
ment, storage, or disposal of waste generated outside
the party states, unless approved by the commission.
‘‘(7) ‘Host county’ means a county in the host
state in which a disposal facility is located or is
being developed.
‘‘(8) ‘Host state’ means a party state in which
a compact facility is located or is being developed.
The State of Texas is the host state under this com-
pact.
‘‘(9) ‘Institutional control period’ means that
period of time following closure of the facility and
transfer of the facility license from the operator to
the custodial agency in compliance with the appro-
priate regulations for long-term observation and
maintenance.
‘‘(10) ‘Low-level radioactive waste’ has the
same meaning as that term is defined in Section
2(9) of the Act (42 U.S.C. 2021b(9)), or in the host
state statute so long as the waste is not incompatible
with management and disposal at the compact facil-
ity.
‘‘(11) ‘Management’ means collection, consoli-
dation, storage, packaging, or treatment.
‘‘(12) ‘Operator’ means a person who operates
a disposal facility.
‘‘(13) ‘Party state’ means any state that has
become a party in accordance with Article VII of
this compact. Texas, Maine, and Vermont are initial
party states under this compact.
‘‘(14) ‘Person’ means an individual, corpora-
tion, partnership or other legal entity, whether pub-
lic or private.
‘‘(15) ‘Transporter’ means a person who trans-
ports low-level radioactive waste.
‘‘ARTICLE III. THE COMMISSION
‘‘SEC. 3.01. There is hereby established the Texas
Low-Level Radioactive Waste Disposal Compact Commis-
sion. The commission shall consist of one voting member
from each party state except that the host state shall be
entitled to six voting members. Commission members shall
be appointed by the party state governors, as provided by
the laws of each party state. Each party state may provide
alternates for each appointed member.
‘‘SEC. 3.02. A quorum of the commission consists of
a majority of the members. Except as otherwise provided
in this compact, an official act of the commission must
receive the affirmative vote of a majority of its members.
‘‘SEC. 3.03. The commission is a legal entity separate
and distinct from the party states and has governmental
immunity to the same extent as an entity created under
the authority of Article XVI, Section 59, of the Texas
Constitution. Members of the commission shall not be per-
sonally liable for actions taken in their official capacity.
The liabilities of the commission shall not be deemed li-
abilities of the party states.
‘‘SEC. 3.04. The commission shall:
‘‘(1) Compensate its members according to the
host state’s law.
‘‘(2) Conduct its business, hold meetings, and
maintain public records pursuant to laws of the host
state, except that notice of public meetings shall be
given in the non-host party states in accordance with
their respective statutes.
‘‘(3) Be located in the capital city of the host
state.
‘‘(4) Meet at least once a year and upon the
call of the chair, or any member. The governor of
the host state shall appoint a chair and vice-chair.
‘‘(5) Keep an accurate account of all receipts
and disbursements. An annual audit of the books of
the commission shall be conducted by an independ-
ent certified public accountant, and the audit report
use to the extent practicable the services of existing
employees of the party states. Compensation shall be
as determined by the commission.
‘‘(2) Accept any grants, equipment, supplies,
materials, or services, conditional or otherwise, from
the federal or state government. The nature, amount
and condition, if any, of any donation, grant or
other resources accepted pursuant to this paragraph
and the identity of the donor or grantor shall be de-
tailed in the annual report of the commission.
‘‘(3) Enter into contracts to carry out its duties
and authority, subject to projected resources. No
contract made by the commission shall bind a party
state.
‘‘(4) Adopt, by a majority vote, bylaws and
rules necessary to carry out the terms of this com-
pact. Any rules promulgated by the commission shall
be adopted in accordance with the Administrative
Procedure and Texas Register Act (Article 6252–
13a, Vernon’s Texas Civil Statutes).
‘‘(5) Sue and be sued and, when authorized by
a majority vote of the members, seek to intervene in
administrative or judicial proceedings related to this
compact.
‘‘(6) Enter into an agreement with any person,
state, regional body, or group of states for the im-
portation of low-level radioactive waste into the com-
pact for management or disposal, provided that the
agreement receives a majority vote of the commis-
sion. The commission may adopt such conditions
and restrictions in the agreement as it deems advis-
able.
‘‘(7) Upon petition, allow an individual genera-
tor, a group of generators, or the host state of the
compact, to export low-level waste to a low-level ra-
dioactive waste disposal facility located outside the
party states. The commission may approve the peti-
tion only by a majority vote of its members. The
permission to export low-level radioactive waste shall
be effective for that period of time and for the speci-
fied amount of low-level radioactive waste, and sub-
ject to any other term or condition, as is determined
by the commission.
‘‘(8) Monitor the exportation outside of the
party states of material, which otherwise meets the
criteria of low-level radioactive waste, where the sole
purpose of the exportation is to manage or process
the material for recycling or waste reduction and re-
turn it to the party states for disposal in the com-
pact facility.
‘‘SEC. 3.06. Jurisdiction and venue of any action con-
testing any action of the commission shall be in the United
States District Court in the district where the commission
maintains its office.
‘‘ARTICLE IV. RIGHTS, RESPONSIBILITIES, AND
OBLIGATIONS OF PARTY STATES
‘‘SEC. 4.01. The host state shall develop and have
full administrative control over the development, manage-
ment and operation of a facility for the disposal of low-
level radioactive waste generated within the party states.
The host state shall be entitled to unlimited use of the
facility over its operating life. Use of the facility by the
non-host party states for disposal of low-level radioactive
waste, including such waste resulting from decommission-
ing of any nuclear electric generation facilities located in
the party states, is limited to the volume requirements of
Section 3.04(11) of Article III.
‘‘SEC. 4.02. Low-level radioactive waste generated
within the party states shall be disposed of only at the
compact facility, except as provided in Section 3.05(7) of
Article III.
‘‘SEC. 4.03. The initial states of this compact cannot
be members of another low-level radioactive waste compact
entered into pursuant to the Act.
‘‘SEC. 4.04. The host state shall do the following:
‘‘(1) Cause a facility to be developed in a timely
manner and operated and maintained through the
institutional control period.
‘‘(2) Ensure, consistent with any applicable fed-
eral and host state laws, the protection and preser-
vation of the environment and the public health and
safety in the siting, design, development, licensing,
regulation, operation, closure, decommissioning, and
long-term care of the disposal facilities within the
host state.
‘‘(3) Close the facility when reasonably nec-
essary to protect the public health and safety of its
citizens or to protect its natural resources from
harm. However, the host state shall notify the com-
mission of the closure within three days of its action
and shall, within 30 working days of its action, pro-
vide a written explanation to the commission of the
closure, and implement any adopted contingency
plan.
‘‘(4) Establish reasonable fees for disposal at
the facility of low-level radioactive waste generated
in the party states based on disposal fee criteria set
out in Sections 402.272 and 402.273, Texas Health
and Safety Code. The same fees shall be charged for
the disposal of low-level radioactive waste that was
generated in the host state and in the non-host
party states. Fees shall also be sufficient to reason-
ably support the activities of the Commission.
‘‘(5) Submit an annual report to the commis-
sion on the status of the facility, including projec-
tions of the facility’s anticipated future capacity, and
on the related funds.
‘‘(6) Notify the Commission immediately upon
the occurrence of any event which could cause a pos-
sible temporary or permanent closure of the facility
and identify all reasonable options for the disposal
of low-level radioactive waste at alternate compact
facilities or, by arrangement and Commission vote,
at noncompact facilities.
‘‘(7) Promptly notify the other party states of
any legal action involving the facility.
‘‘(8) Identify and regulate, in accordance with
federal and host state law, the means and routes of
transportation of low-level radioactive waste in the
host state.
‘‘SEC. 4.05. Each party state shall do the following:
‘‘(1) Develop and enforce procedures requiring
low-level radioactive waste shipments originating
within its borders and destined for the facility to
conform to packaging, processing, and waste from
specifications of the host state.
‘‘(2) Maintain a registry of all generators with-
in the state that may have low-level radioactive
waste to be disposed of at a facility, including, but
not limited to, the amount of low-level radioactive
waste and the class of low-level radioactive waste
generated by each generator.
‘‘(3) Develop and enforce procedures requiring
generators within its borders to minimize the volume
of low-level radioactive waste requiring disposal.
Nothing in this compact shall prohibit the storage,
treatment, or management of waste by a generator.
‘‘(4) Provide the commission with any data and
information necessary for the implementation of the
commission’s responsibilities, including taking those
actions necessary to obtain this data or information.
‘‘(5) Pay for community assistance projects des-
ignated by the host county in an amount for each
non-host party state equal to 10 percent of the pay-
ment provided for in Article V for each such state.
One-half of the payment shall be due and payable to
the host county on the first day of the month follow-
ing ratification of this compact agreement by Con-
gress and one-half of the payment shall be due and
payable on the first day of the month following the
approval of a facility operating license by the host
state’s regulatory body.
‘‘(6) Provide financial support for the commis-
sion’s activities prior to the date of facility operation
and subsequent to the date of congressional ratifica-
tion of this compact under Section 7.07 of Article
VII. Each party state will be responsible for annual
payments equalling its pro-rata share of the commis-
sion’s expenses, incurred for administrative, legal,
and other purposes of the commission.
‘‘(7) If agreed by all parties to a dispute, sub-
mit the dispute to arbitration or other alternate dis-
pute resolution process. If arbitration is agreed
upon, the governor of each party state shall appoint
an arbitrator. If the number of party states is an
even number, the arbitrators so chosen shall appoint
an additional arbitrator. The determination of a ma-
jority of the arbitrators shall be binding on the party
states. Arbitration proceedings shall be conducted in
accordance with the provisions of 9 U.S.C. Sections
1 to 16. If all parties to a dispute do not agree to
arbitration or alternate dispute resolution process,
the United States District Court in the district
where the commission maintains its office shall have
original jurisdiction over any action between or
among parties to this compact.
‘‘(8) Provide on a regular basis to the commis-
sion and host state—
‘‘(A) an accounting of waste shipped and
proposed to be shipped to the compact facility,
by volume and curies;
‘‘(B) proposed transportation methods and
routes; and
‘‘(C) proposed shipment schedules.
‘‘(9) Seek to join in any legal action by or
against the host state to prevent nonparty states or
generators from disposing of low-level radioactive
waste at the facility.
‘‘SEC. 4.06. Each party state shall act in good faith
and may rely on the good faith performance of the other
party states regarding requirements of this compact.
‘‘ARTICLE V. PARTY STATE CONTRIBUTIONS
‘‘SEC. 5.01. Each party state, except the host state,
shall contribute a total of $25 million to the host state.
Payments shall be deposited in the host state treasury to
the credit of the low-level waste fund in the following man-
ner except as otherwise provided. Not later than the 60th
day after the date of congressional ratification of this com-
pact, each non-host party state shall pay to the host state
$12.5 million. Not later than the 60th day after the date
of the opening of the compact facility, each non-host party
state shall pay to the host state an additional $12.5 mil-
lion.
‘‘SEC. 5.02. As an alternative, the host state and the
non-host states may provide for payments in the same
total amount as stated above to be made to meet the prin-
cipal and interest expense associated with the bond indebt-
edness or other form of indebtedness issued by the appro-
priate agency of the host state for purposes associated
with the development, operation, and post-closure monitor-
ing of the compact facility. In the event the member states
proceed in this manner, the payment schedule shall be de-
termined in accordance with the schedule of debt repay-
ment. This schedule shall replace the payment schedule
described in Section 5.01 of this article.
‘‘ARTICLE VI. PROHIBITED ACTS AND PENALTIES
‘‘SEC. 6.01. No person shall dispose of low-level ra-
dioactive waste generated within the party states unless
the disposal is at the compact facility, except as otherwise
provided in Section 3.05(7) of Article III.
‘‘SEC. 6.02. No person shall manage or dispose of any
low-level radioactive waste within the party states unless
the low-level radioactive waste was generated within the
party states, except as provided in Section 3.05(6) of Arti-
cle III. Nothing herein shall be construed to prohibit the
storage or management of low-level radioactive waste by
a generator, nor its disposal pursuant to 10 C.F.R. Part
20.302.
‘‘SEC. 6.03. Violations of this article may result in
prohibiting the violator from disposing of low-level radio-
active waste in the compact facility, or in the imposition
of penalty surcharges on shipments to the facility, as de-
termined by the commission.
‘‘ARTICLE VII. ELIGIBILITY, ENTRY INTO EFFECT;
CONGRESSIONAL CONSENT; WITHDRAWAL; EXCLUSION
‘‘SEC. 7.01. The states of Texas, Maine, and Vermont
are party states to this compact. Any other state may be
made eligible for party status by a majority vote of the
commission and ratification by the legislature of the host
state, subject to fulfillment of the rights of the initial non-
host party states under Section 3.04(11) of Article III and
Section 4.01 of Article IV, and upon compliance with
those terms and conditions for eligibility that the host
state may establish. The host state may establish all terms
and conditions for the entry of any state, other than the
states named in this section, as a member of this compact;
provided, however, the specific provisions of this compact,
except for those pertaining to the composition of the com-
mission and those pertaining to Section 7.09 of this arti-
cle, may not be changed except upon ratification by the
legislatures of the party states.
‘‘SEC. 7.02. Upon compliance with the other provi-
sions of this compact, a state made eligible under Section
7.01 of this article may become a party state by legislative
enactment of this compact or by executive order of the
governor of the state adopting this compact. A state be-
coming a party state by executive order shall cease to be
a party state upon adjournment of the first general session
of its legislature convened after the executive order is is-
sued, unless before the adjournment, the legislature enacts
this compact.
‘‘SEC. 7.03. Any party state may withdraw from this
compact by repealing enactment of this compact subject
to the provisions herein. In the event the host state allows
an additional state or additional states to join the com-
pact, the host state’s legislature, without the consent of
the non-host party states, shall have the right to modify
the composition of the commission so that the host state
shall have a voting majority on the commission, provided,
however, that any modification maintains the right of each
initial party state to retain one voting member on the com-
mission.
‘‘SEC. 7.04. If the host state withdraws from the
compact, the withdrawal shall not become effective until
five years after enactment of the repealing legislation and
the non-host party states may continue to use the facility
during that time. The financial obligation of the non-host
party states under Article V shall cease immediately upon
enactment of the repealing legislation. If the host state
withdraws from the compact or abandons plans to operate
a facility prior to the date of any non-host party state pay-
ment under Sections 4.05(5) and (6) of Article IV or Arti-
cle V, the non-host party states are relieved of any obliga-
tions to make the contributions. This section sets out the
exclusive remedies for the non-host party states if the host
state withdraws from the compact or is unable to develop
and operate a compact facility.
‘‘SEC. 7.05. A party state, other than the host state,
may withdraw from the compact by repealing the enact-
ment of this compact, but this withdrawal shall not be-
come effective until two years after the effective date of
the repealing legislation. During this two-year period the
party state will continue to have access to the facility. The
withdrawing party shall remain liable for any payments
under Sections 4.05(5) and (6) of Article IV that were
due during the two-year period, and shall not be entitled
to any refund of payments previously made.
‘‘SEC. 7.06. Any party state that substantially fails
to comply with the terms of the compact or to fulfill its
obligations hereunder may have its membership in the
compact revoked by a seven-eighths vote of the commis-
sion following notice that a hearing will be scheduled not
less than six months from the date of the notice. In all
other respects, revocation proceedings undertaken by the
commission will be subject to the Administrative Proce-
dure and Texas Register Act (Article 6252–13a, Vernon’s
Texas Civil Statutes), except that a party state may ap-
peal the commission’s revocation decision to the United
States District Court in accordance with Section 3.06 of
Article III. Revocation shall take effect one year from the
date such party state receives written notice from the com-
mission of a final action. Written notice of revocation shall
be transmitted immediately following the vote of the com-
mission, by the chair, to the governor of the affected party
state, all other governors of party states, and to the Unit-
ed States Congress.
‘‘SEC. 7.07. This compact shall take effect following
its enactment under the laws of the host state and any
other party state and thereafter upon the consent of the
United States Congress and shall remain in effect until
otherwise provided by federal law. If Texas and either
Maine or Vermont ratify this compact, the compact shall
be in full force and effect as to Texas and the other ratify-
ing state, and this compact shall be interpreted as follows:
‘‘(1) Texas and the other ratifying state are the
initial party states.
‘‘(2) The commission shall consist of two voting
members from the other ratifying state and six from
Texas.
‘‘(3) Each party state is responsible for its pro-
rata share of the commission’s expenses.
‘‘SEC. 7.08. This compact is subject to review by the
United States Congress and the withdrawal of the consent
of Congress every five years after its effective date, pursu-
ant to federal law.
‘‘SEC. 7.09. The host state legislature, with the ap-
proval of the governor, shall have the right and authority,
without the consent of the non-host party states, to modify
the provisions contained in Section 3.04(11) of Article III
to comply with Section 402.219(c)(1), Texas Health &
Safety Code, as long as the modification does not impair
the rights of the initial non-host party states.
‘‘ARTICLE VIII. CONSTRUCTION AND SEVERABILITY
‘‘SEC. 8.01. The provisions of this compact shall be
broadly construed to carry out the purposes of the com-
pact, but the sovereign powers of a party shall not be in-
fringed upon unnecessarily.
‘‘SEC. 8.02. This compact does not affect any judicial
proceeding pending on the effective date of this compact.
‘‘SEC. 8.03. No party state acquires any liability, by
joining this compact, resulting from the siting, operation,
maintenance, long-term care or any other activity relating
to the compact facility. No non-host party state shall be
liable for any harm or damage from the siting, operation,
maintenance, or long-term care relating to the compact
facility. Except as otherwise expressly provided in this
compact, nothing in this compact shall be construed to
alter the incidence of liability of any kind for any act or
failure to act. Generators, transporters, owners and opera-
tors of facility shall be liable for their acts, omissions, con-
duct or relationships in accordance with applicable law.
By entering into this compact and securing the ratification
by Congress of its terms, no party state acquires a poten-
tial liability under section 5(d)(2)(C) of the Act (42 U.S.C.
Sec. 2021e(d)(2)(C)) that did not exist prior to entering
into this compact.
‘‘SEC. 8.04. If a party state withdraws from the com-
pact pursuant to Section 7.03 of Article VII or has its
membership in this compact revoked pursuant to section
7.06 of Article VII, the withdrawal or revocation shall not
affect any liability already incurred by or chargeable to
the affected state under Section 8.03 of this article.
‘‘SEC. 8.05. The provisions of this compact shall be
severable and if any phrase, clause, sentence, or provision
of this compact is declared by a court of competent juris-
diction to be contrary to the constitution of any participat-
ing state or of the United States or the applicability there-
of to any government, agency, person or circumstances is
held invalid, the validity of the remainder of this compact
and the applicability thereof to any government, agency,
person, or circumstance shall not be affected thereby to
the extent the remainder can in all fairness be given effect.
If any provision of this compact shall be held contrary to
the constitution of any state participating therein, the
compact shall remain in full force and effect as to the state
affected as to all severable matters.
‘‘SEC. 8.06. Nothing in this compact diminishes or
otherwise impairs the jurisdiction, authority, or discretion
of either of the following:
‘‘(1) The United States Nuclear Regulatory
Commission pursuant to the Atomic Energy Act of
1954, as amended (42 U.S.C. Sec. 2011 et seq.).
‘‘(2) An agreement state under section 274 of
the Atomic Energy Act of 1954, as amended (42
U.S.C. Sec. 2021).
‘‘SEC. 8.07. Nothing in this compact confers any new
authority on the states or commission to do any of the
following:
‘‘(1) Regulate the packaging or transportation
of low-level radioactive waste in a manner inconsist-
ent with the regulations of the United States Nu-
clear Regulatory Commission or the United States
Department of Transportation.
‘‘(2) Regulate health, safety, or environmental
hazards from source, by-product, or special nuclear
material.
‘‘(3) Inspect the activities of licensees of the
agreement states or of the United States Nuclear
Regulatory Commission.’’.
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