reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter L - LICENSING OF SOURCE MATERIAL RECOVERY AND BY-PRODUCT MATERIAL DISPOSAL FACILITIES › Section 336.1135 - Construction Activities

Current through Reg. 49, No. 28; July 12, 2024
For an application for a new license to dispose of
					 by-product material that was filed with the Texas Department of State Health
					 Services on or before January 1, 2007, an applicant may commence construction
					 activities before issuance of a license, at the applicant's own risk, under the
					 following conditions:
(1) the
				  applicant has completed preoperational monitoring provided under §
										336.1129(bb)
				  of this title (relating to Technical Requirements);
(2) the executive director has issued an
				  environmental analysis and final draft license with recommendation to approve
				  the application under §
										281.21
				  of this title (relating to Draft Permit, Technical Summary, Fact Sheet, and
				  Compliance History);
(3) the
				  applicant may not receive, store, possess, receive or dispose of by-product
				  material without a license from the commission authorizing the
				  activity;
(4) the agency may
				  inspect and observe the construction activities;
(5) the applicant must cease construction
				  activities when directed by the executive director to do so; and
(6) the commencement of construction
				  activities may not be considered as a factor in determining whether to issue a
				  license.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter M - LICENSING OF RADIOACTIVE SUBSTANCES PROCESSING AND STORAGE FACILITIES › Section 336.1201 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				  establishes the requirements for management of commercial radioactive
				  substances processing and storage facilities, the procedures and criteria for
				  the issuance of licenses to receive, possess, transport, store, and process
				  radioactive substances from other persons, and the terms and conditions upon
				  which the agency may issue such licenses.
(b) In addition to the requirements of this
				  subchapter, all licensees, unless otherwise specified, are subject to the
				  requirements of Subchapters A - E and G of this chapter (relating to General
				  Provisions; Radioactive Substance Fees; General Disposal Requirements;
				  Standards for Protection Against Radiation; Notices, Instructions, and Reports
				  to Workers and Inspections; and Decommissioning Standards).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter M - LICENSING OF RADIOACTIVE SUBSTANCES PROCESSING AND STORAGE FACILITIES › Section 336.1203 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Commencement of major
				  construction--Any major structural erection or major alterations to existing
				  structures, or other substantial action that would change the facility design
				  or site for the purpose of establishing a radioactive substances processing or
				  storage facility. The term does not mean the acquisition of existing structures
				  or minor changes thereto.
(2)
				  Decommissioning--The final activities carried out at a radioactive substances
				  processing or storage site after completion of processing operations to remove
				  safely from service and reduce residual radioactivity to a level that permits
				  release of the property for unrestricted use and/or termination of the license.
				  Such activities must include:
(A) disposing
				  of all radioactive substances at a licensed radioactive waste disposal
				  site;
(B) dismantling or
				  decontaminating site structures;
(C) decontaminating site surfaces and
				  remaining equipment; and
(D)
				  conducting final closure surveys, decontamination, and reclamation of the
				  site.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter M - LICENSING OF RADIOACTIVE SUBSTANCES PROCESSING AND STORAGE FACILITIES › Section 336.1205 - Activities Requiring License

Current through Reg. 49, No. 28; July 12, 2024
Except for persons exempted by this subchapter, no person
					 may receive, possess, store or process radioactive substances from another
					 person except as authorized in a specific license issued in accordance with
					 this subchapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter M - LICENSING OF RADIOACTIVE SUBSTANCES PROCESSING AND STORAGE FACILITIES › Section 336.1207 - Radioactive Substances Processing and Storage Facility Classification

Current through Reg. 49, No. 28; July 12, 2024
(a) Radioactive
				  substances processing and storage facilities are classified according to the
				  radionuclides, other than sealed sources, received, possessed, or processed in
				  each of the waste processing and storage categories, as defined in §
										336.1203
				  of this title (relating to Definitions) with all applicable provisions, except
				  that, for the purposes of this section which apply to processing and storage of
				  radioactive substances, Category IV must include waste processing and storage
				  categories IV-VII. The total possession limit of each category of unsealed
				  (dispersible) radionuclides for each class of facility is as follows:
Attached
					 Graphic
(b)
				  Class III storage facilities are those in which the applicable possession limit
				  of radioactive substances exceeds any limit of Class II storage
				  facilities.
(c) Class III
				  processing facilities are those in which the applicable possession limit of
				  radioactive substances exceeds any limit of Class II processing
				  facilities.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter M - LICENSING OF RADIOACTIVE SUBSTANCES PROCESSING AND STORAGE FACILITIES › Section 336.1209 - Exemptions

Current through Reg. 49, No. 28; July 12, 2024
(a) Sealed sources.
				  Persons who receive, possess, or process sealed sources of radioactive material
				  as radioactive waste from other persons are exempt from this section, provided
				  that:
(1) encapsulated sources are tested
				  upon receipt and determined to have less than 0.005 microcurie of removable
				  contamination; and
(2) sealed
				  sources of radioactive material remain in sealed form after receipt.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter M - LICENSING OF RADIOACTIVE SUBSTANCES PROCESSING AND STORAGE FACILITIES › Section 336.1213 - Additional Environmental Requirements

Current through Reg. 49, No. 28; July 12, 2024
An application for a license for a processing or storage
					 facility must include environmental information that may be based on
					 reconnaissance level information when appropriate and addresses the
					 following:
(1) description of present
				  land uses and population distribution in the vicinity of the site:
(A) for radioactive substances storage
				  facilities, the description must address properties adjacent to the site;
				  and
(B) for radioactive substances
				  processing facilities, the description must address properties adjacent to the
				  site and shall include population distribution within a one-mile radius of the
				  site;
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter M - LICENSING OF RADIOACTIVE SUBSTANCES PROCESSING AND STORAGE FACILITIES › Section 336.1215 - Issuance of Licenses

Current through Reg. 49, No. 28; July 12, 2024
(a) A license for a
				  radioactive substances processing or storage facility may be issued if the
				  agency finds reasonable assurance that:
(1)
				  an application meets the requirements of the Texas Radiation Control Act and
				  the rules of the agency;
(2) the
				  proposed radioactive substances facility will be sited, designed, operated,
				  decommissioned, and closed in accordance with this chapter;
(3) the issuance of the license will not be
				  inimical to the health and safety of the public or the environment;
				  and
(4) there is no reason to deny
				  the license because of:
(A) any material
				  false statement in the application or any statement of fact required under
				  provisions of the Texas Radiation Control Act;
(B) conditions revealed by the application or
				  statement of fact or any report, record, or inspection, or other means that
				  would warrant the agency to refuse to grant a license on an application;
				  or
(C) failure to clearly
				  demonstrate how the requirements in this chapter have been addressed;
				  and
(5) qualifications
				  of the designated radiation safety officer (RSO) are adequate for the purpose
				  requested in the application and include as a minimum:
(A) have earned at least a bachelor's degree
				  in a physical or biological science, industrial hygiene, health physics,
				  radiation protection, or engineering from an accredited college or university,
				  or an equivalent combination of training and relevant experience, with two
				  years of relevant experience equivalent to a year of academic study, from a
				  uranium or mineral extraction/recovery, radioactive waste processing, or a
				  radioactive waste or by-product material disposal facility;
(B) have at least one year of relevant
				  experience, in addition to that used to meet the educational requirement,
				  working under the direct supervision of the radiation safety officer at a
				  uranium or mineral extraction/recovery, radioactive waste processing, or
				  radioactive waste or by-product material disposal facility; and
(C) have at least four weeks of specialized
				  training in health physics or radiation safety applicable to uranium or mineral
				  extraction/recovery, radioactive waste processing, or radioactive waste or
				  by-product material disposal operations from a course provider that has been
				  evaluated and approved by the agency.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter M - LICENSING OF RADIOACTIVE SUBSTANCES PROCESSING AND STORAGE FACILITIES › Section 336.1217 - Commencement of Major Construction

Current through Reg. 49, No. 28; July 12, 2024
Commencement of major construction is prohibited until a
					 license has been issued by the commission.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter M - LICENSING OF RADIOACTIVE SUBSTANCES PROCESSING AND STORAGE FACILITIES › Section 336.1219 - Commencement of Operations

Current through Reg. 49, No. 28; July 12, 2024
No licensee issued a license under this section may
					 commence operations until the licensee has obtained licenses or permits from
					 other agencies as required by law.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter M - LICENSING OF RADIOACTIVE SUBSTANCES PROCESSING AND STORAGE FACILITIES › Section 336.1221 - Specific Terms and Conditions of Licenses

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless otherwise specified, each license
				  issued in accordance with this subchapter is subject to the requirements in
				  §
										305.125
				  of this title (relating to Standard Permit Conditions). A license issued under
				  this subchapter must include license conditions derived from the evaluations of
				  the application and analyses performed by the agency, including amendments and
				  changes made before a license is issued. License conditions may include, but
				  are not limited to, the following:
(1)
				  restrictions as to the total radioactive inventory of radioactive substances to
				  be received;
(2) restrictions as to
				  size, shape, and materials and methods of construction of radioactive
				  substances packaging and maximum number of package units stored, at any one
				  time;
(3) restrictions as to the
				  physical and chemical form and radioisotopic content and concentration of
				  radioactive substances;
(4)
				  controls to be applied to restrict access to the site;
(5) controls to be applied to maintain and
				  protect the health and safety of the public and site employees and the
				  environment;
(6) administrative
				  controls, which are the provisions relating to organization, management, and
				  operating procedures; record-keeping, review and audit; and reporting necessary
				  to assure that activities at the facility are conducted in a safe manner and in
				  conformity with agency rules and license conditions;
(7) maximum retention time for radioactive
				  substances received at the facility; and
(8) term of the specific license for a fixed
				  term not to exceed ten years.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter M - LICENSING OF RADIOACTIVE SUBSTANCES PROCESSING AND STORAGE FACILITIES › Section 336.1223 - Renewal of Licenses

Current through Reg. 49, No. 28; July 12, 2024
(a) Renewal of
				  licenses must be filed in accordance with §
										336.205
				  of this title (relating to Application Requirements) and §
										336.1211
				  of this title (relating to Filing Application for a Specific
				  License).
(b) The licensee is
				  responsible for decommissioning the facility and continued safe storage of any
				  radioactive substances whether an application for continued receipt of
				  radioactive substances is filed or not.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter M - LICENSING OF RADIOACTIVE SUBSTANCES PROCESSING AND STORAGE FACILITIES › Section 336.1225 - Amendment of License at Request of Licensee

Current through Reg. 49, No. 28; July 12, 2024
Applications for amendment of a license shall be filed in
					 accordance with §
										336.1211
					 of this title (relating to Filing Application for a Specific License) and
					 §
										336.205
					 of this title (relating to Application Requirements). Amendment applications
					 must be signed by the RSO, specify the proposed amendment, and describe the
					 basis for such amendment.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter M - LICENSING OF RADIOACTIVE SUBSTANCES PROCESSING AND STORAGE FACILITIES › Section 336.1227 - Radioactive Substances Processing and Packaging Requirements

Current through Reg. 49, No. 28; July 12, 2024
All processed radioactive substances offered for transport
					 or disposal must meet:
(1) all
				  applicable transportation requirements of the agency, the United States Nuclear
				  Regulatory Commission, and of the DOT; and
(2) all applicable disposal facility license
				  conditions.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter M - LICENSING OF RADIOACTIVE SUBSTANCES PROCESSING AND STORAGE FACILITIES › Section 336.1229 - Environmental Assessment

Current through Reg. 49, No. 28; July 12, 2024
A written analysis of the impact on the human environment
					 will be prepared or secured by the agency for any license for a class III
					 processing or storage facility in accordance with §
										281.21(f)
					 of this title (relating to Draft Permit, Technical Summary, Fact Sheet, and
					 Compliance History).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter M - LICENSING OF RADIOACTIVE SUBSTANCES PROCESSING AND STORAGE FACILITIES › Section 336.1231 - Radioactive Substances Processing and Storage Categories of Radionuclides

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				  table contains waste processing and storage categories of radionuclides.
Attached
					 Graphic
(b) Any
				  radionuclide not specifically listed in subsection (a) of this section must be
				  assigned to one of the categories in accordance with the following table.
Attached
					 Graphic
(c) For
				  mixtures of radionuclides, the following must apply.
(1) If the identity and respective activity
				  of each radionuclide are known, the permissible activity of each radionuclide
				  shall be such that the sum, for all categories present, of the ratio between
				  the total activity for each category to the permissible activity for each
				  category will not be greater than unity.
(2) If the categories of the radionuclides
				  are known but the amount in each category cannot be reasonably determined, the
				  mixture must be assigned to the most restrictive category present.
(3) If the identity of all or some of the
				  radionuclides cannot be reasonably determined, each of those unidentified
				  radionuclides shall be considered as belonging to the most restrictive category
				  that cannot be positively excluded.
(4) Mixtures consisting of a single
				  radioactive decay chain where the radionuclides are in the naturally occurring
				  proportions must be considered as consisting of a single radionuclide. The
				  category and activity must be that of the first member present in the chain,
				  except that if radionuclide "X" has a half-life longer than that of that first
				  member and an activity greater than that of any other member, including the
				  first, at any time during processing, the waste processing and storage category
				  must be that of nuclide "X" and the activity of the mixture must be the maximum
				  activity of nuclide "X" during processing.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter M - LICENSING OF RADIOACTIVE SUBSTANCES PROCESSING AND STORAGE FACILITIES › Section 336.1233 - Radiation Safety Committee

Current through Reg. 49, No. 28; July 12, 2024
The duties and responsibilities of the Radiation Safety
					 Committee include but are not limited to the following:
(1) meeting as often as necessary to conduct
				  business but no less than three times a year;
(2) reviewing summaries of the following
				  information presented by the radiation safety officer:
(A) over-exposures;
(B) significant incidents, including spills,
				  contamination, or medical events; and
(C) items of noncompliance following an
				  inspection;
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter M - LICENSING OF RADIOACTIVE SUBSTANCES PROCESSING AND STORAGE FACILITIES › Section 336.1235 - Financial Assurance for Storage and Processing

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee must establish financial
				  assurance for decommissioning and any other requirements of this subchapter 60
				  days prior to the initial possession of radioactive substances.
(b) In establishing financial assurance, the
				  licensee's cost estimates must take into account total costs that would be
				  incurred if an independent contractor were hired to perform the
				  decommissioning. The amount of financial assurance must be in an amount
				  approved by the agency.
(c) The
				  licensee's financial assurance mechanism and the underlying cost estimates will
				  be reviewed annually by the agency to assure that sufficient funds are
				  available for completion of decommissioning. The amount of financial assurance
				  must be adjusted to recognize any increases resulting from inflation, changes
				  in engineering plans, activities performed, and any other conditions affecting
				  costs. A licensee must submit a cost estimate report annually for
				  decommissioning the facility in accordance with the decommissioning plan by no
				  later than an anniversary date as determined by the executive director. The
				  licensee must provide any increase in the amount of financial assurance within
				  60 days of a determination of the cost estimate by the executive
				  director.
(d) Financial assurance
				  required under this subchapter must meet the requirements specified in Chapter
				  37, Subchapter T of this title (relating to Financial Assurance for Radioactive
				  Substances and Aquifer Restoration) by June 1, 2009. Regardless of whether
				  reclamation is phased through the life of the operation or takes place at the
				  end of operations, an appropriate portion of financial assurance amount as
				  determined by the executive director shall be retained until final compliance
				  with the reclamation plan is determined. This will yield a financial assurance
				  mechanism that is at least sufficient at all times to cover the costs of
				  decommissioning and reclamation of the areas that are expected to be disturbed
				  before the next license renewal.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter N - FEES FOR LOW-LEVEL RADIOACTIVE WASTE DISPOSAL › Section 336.1301 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) State and
				  national policy directs that the management of low-level radioactive waste be
				  accomplished by a system of interstate compacts and the development of regional
				  disposal sites. Under federal law, Texas is responsible for managing the
				  low-level radioactive waste generated within its borders. The Texas Low-Level
				  Radioactive Waste Disposal Compact, comprised of the states of Texas and
				  Vermont, has as its disposal facility the compact waste disposal facility
				  licensed under Subchapter H of this chapter (relating to Licensing Requirements
				  Near-Surface Land Disposal of Low-Level Radioactive Waste).
(b) Low-level radioactive waste is generated
				  by essential activities and services that benefit the citizens of the state.
				  The price to dispose of low-level radioactive waste at the Texas low-level
				  radioactive waste disposal site will be determined by the commission. To
				  protect Texas and Vermont compact states' businesses and services, such as
				  electrical production, medical and university research, and private industries,
				  upon which the public relies, the commission will establish the maximum
				  disposal rates charged by the licensee for disposal of party state compact
				  waste in accordance with the rules in this subchapter.
(c) A licensee who receives low-level
				  radioactive waste for disposal pursuant to the Texas Low-Level Radioactive
				  Waste Disposal Compact established under Texas Health and Safety Code, Chapter
				  403 shall collect a fee to be paid by each person who disposes of low-level
				  radioactive waste in the compact waste disposal facility. This fee shall be
				  based on the commission approved maximum disposal rate, as specified in this
				  subchapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter N - FEES FOR LOW-LEVEL RADIOACTIVE WASTE DISPOSAL › Section 336.1303 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Terms used in this subchapter are defined in §
										336.2 of
					 this title (relating to Definitions). Additional terms used in this subchapter
					 have the following definitions.
(1)
				  Allowable expenses--Only those expenses which are reasonable and necessary to
				  provide service to the public shall be included in allowable expenses.
				  Allowable expenses to the extent they are reasonable and necessary, may include
				  but are not limited to the following general categories:
(A) operation and maintenance expense
				  incurred in providing normal compact waste disposal facility services and in
				  maintaining compact waste disposal facility used and useful to the licensee in
				  providing such services. Payments to affiliated interests shall be allowed as
				  described in §
											336.1317
				  of this title (relating to Consideration of Payment to Affiliate);
(B) expense to meet future costs of
				  decommissioning, closing, and post closure maintenance and surveillance of the
				  compact waste disposal facility;
(C) depreciation expense based on original
				  cost and computed on a straight-line basis as approved by the commission. Other
				  methods of depreciation may be used when it is determined that such
				  depreciation methodology is a more equitable means of recovering the cost of
				  the facility;
(D) assessments and
				  taxes other than income taxes;
(E)
				  federal income tax on a normalized basis;
(F) expenses for advertising, contributions,
				  and donations may be allowed as a cost of service provided that the total sum
				  of all such items allowed in the cost of service shall not exceed three-tenths
				  of one percent (0.3%) maximum of the gross receipts; and
(G) accruals credited to reserve accounts for
				  self-insurance under a plan requested by a licensee and approved by the
				  commission. The commission shall consider approval of a self-insurance plan in
				  a rate case in which expenses or rate base treatments are requested for such a
				  plan. For the purposes of this section, a self-insurance plan is a plan
				  providing for accruals to be credited to reserve accounts. The reserve accounts
				  are to be charged with property and liability losses which occur, and which
				  could not have been reasonably anticipated and included in operating and
				  maintenance expenses, and are not paid or reimbursed by commercial insurance.
				  The commission will approve a selfinsurance plan to the extent it finds it to
				  be in the public interest.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter N - FEES FOR LOW-LEVEL RADIOACTIVE WASTE DISPOSAL › Section 336.1305 - Commission Powers

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				  shall adopt maximum disposal rates for disposal of party state compact waste at
				  the compact waste disposal facility. In determining the rates, the commission
				  shall ensure that they are fair, just, reasonable, and sufficient considering
				  the value of the licensee's real property and license interests, the unique
				  nature of its business operations, the licensee's liability associated with the
				  site, its investment incurred over the term of its operations, and the
				  reasonable rate of return equivalent to that earned by comparable
				  enterprises.
(b) The commission may
				  use any standard, formula, method, or theory of valuation reasonably calculated
				  to arrive at the objective of prescribing and authorizing fair, just,
				  reasonable, and sufficient rates.
(c) In any proceeding involving a new or
				  revised rate, the burden of proof shall be on the licensee to show that the
				  proposed rate, if proposed by the licensee, or that the existing rate, if it is
				  proposed to reduce the rate, is just and reasonable. In any other matters or
				  proceedings, the burden of proof is on the moving party.
(d) The commission may refer a request for a
				  contested case hearing to the State Office of Administrative Hearings on the
				  establishment of a rate under this subchapter.
(e) The commission may audit a licensee's
				  financial records and waste manifest information to ensure that the fees
				  imposed under this chapter are accurately charged and paid. The licensee shall
				  comply with the commission's audit-related requests for information.
(1) To achieve the purposes, proper
				  administration, and enforcement of this chapter, the executive director may
				  conduct audits or investigations of waste disposal rates, payments and fees
				  authorized by Texas Health and Safety Code, Chapter 401, and the veracity of
				  information submitted to the commission.
(2) Each person subject to or involved with
				  an audit or investigation under this subsection shall cooperate fully with the
				  audit or investigation conducted by the executive director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter N - FEES FOR LOW-LEVEL RADIOACTIVE WASTE DISPOSAL › Section 336.1309 - Procedures for Determination of New and Revised Rates and Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The licensee
				  shall file an application with the executive director to establish new or
				  revised maximum disposal rates that consider the factors identified in §
										336.1307
				  of this title (relating to Factors Considered for Determination of Maximum
				  Disposal Rates). The application shall include exhibits, workpapers, summaries,
				  annual reports, cost studies, a proposed reasonable rate of return on invested
				  capital, proposed fees, and other information as requested by the executive
				  director to demonstrate rates that meet the requirements of this subchapter. In
				  addition, the application shall include revenue requirements for cost recovery
				  from the compact waste disposal facility.
(1)
				  The licensee shall submit a rate filing application package in accordance with
				  the application prescribed by the executive director.
(2) A licensee filing a rate application
				  shall be prepared to go forward at the hearing on the data which has been
				  submitted in its application and sustain the burden of proof establishing that
				  its proposed changes are just and reasonable. The data in the rate application
				  may be modified only on a showing of good cause.
(3) After receipt of the application, the
				  executive director shall review the application and evaluate the rate
				  information. The executive director may request additional information from the
				  licensee and the licensee shall provide that information within 20 days of
				  receipt of request, unless a different time is agreed to.
(4) If the licensee fails to provide, within
				  a reasonable time after the application is filed, the necessary documentation
				  or other evidence that supports the costs and expenses that are shown in the
				  application, the commission may disallow the unsupported costs or
				  expenses.
(5) The licensee shall
				  provide notice of the application to all known customers that will ship or
				  deliver waste to the compact waste disposal facility and shall provide notice
				  of the application to any person by any method as directed by the executive
				  director. The licensee shall file with the commission proof of notice in the
				  form of an affidavit stating that proper notice was mailed and the date of such
				  mailing.
(6) The executive director
				  shall maintain a Web site to inform the public on the process for consideration
				  of the rate application and shall provide notice of the licensee's proposed
				  rates by publication in the
Texas Register.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter N - FEES FOR LOW-LEVEL RADIOACTIVE WASTE DISPOSAL › Section 336.1310 - Rate Schedule

Current through Reg. 49, No. 28; July 12, 2024
Fees charged for disposal of party state compact waste must
					 be equal to or less than the compact waste disposal fees under this section.
					 Additionally, fees charged for disposal of nonparty compact waste must be
					 greater than the compact waste disposal fees under this section.
Attached Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter N - FEES FOR LOW-LEVEL RADIOACTIVE WASTE DISPOSAL › Section 336.1311 - Revisions to Maximum Disposal Rates

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The maximum disposal rates that a licensee may charge party state generators
				  shall be determined in accordance with this section, and §
										336.1307
				  of this title (relating to Factors Considered for Determination of Maximum
				  Disposal Rates). The rates shall include all charges for disposal services at
				  the compact waste disposal facility.
(b) The maximum disposal rates may be
				  adjusted at the request of the licensee to incorporate inflation adjustments.
				  If an inflation adjustment is requested, the maximum disposal rates shall be
				  adjusted by a percentage equal to the change in price levels in the preceding
				  period. The adjustment shall be made using an inflation factor derived from the
				  most recent annual Implicit Price Deflator for Gross National Product published
				  by the United States Department of Commerce in its Survey of Current
				  Business.
(c) The licensee may file
				  an application for revisions to the maximum disposal rates due to:
(1) changes in any governmentally imposed
				  fee, surcharge, or tax assessed on a volume or a gross receipts basis against
				  or collected by the licensee, including site closure fees, perpetual care and
				  maintenance fees, business and occupation taxes, site surveillance fees,
				  commission regulatory fees, taxes, and a tax or payment in lieu of taxes
				  authorized by the state to compensate the county in which a site is located for
				  that county's legitimate costs arising out of the presence of that site within
				  that county;
(2) factors outside
				  the control of the licensee such as a material change in regulatory
				  requirements regarding the physical operation of the site; or
(3) changes in the licensee's revenue
				  requirements or in any of the other factors in §
											336.1307
				  of this title that necessitate a change in the licensee's maximum disposal
				  rates.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter N - FEES FOR LOW-LEVEL RADIOACTIVE WASTE DISPOSAL › Section 336.1315 - Revenue Statements and Consideration of Payment to Affiliate

Current through Reg. 49, No. 28; July 12, 2024
(a) The licensee
				  shall, on or before April 1st of each year, file with the commission:
(1) an audited financial statement showing
				  its gross receipts for the preceding calendar year;
(2) a statement in a form prescribed by the
				  executive director reflecting the licensee's revenues and allowable expenses
				  for the previous calendar year from its low-level radioactive waste disposal
				  activities; and
(3) a validation of
				  payments made in §
											336.103(f)
				  and (g) of this title (relating to Schedule
				  of Fees for Subchapter H Licenses) must also be included.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter N - FEES FOR LOW-LEVEL RADIOACTIVE WASTE DISPOSAL › Section 336.1317 - Contracted Disposal Rates

Current through Reg. 49, No. 28; July 12, 2024
(a) At
				  any time, a licensee may contract with a party state generator to provide a
				  contract disposal rate that is lower than the maximum disposal rate.
(b) A contract or contract amendment shall be
				  submitted to the executive director for approval at least 30 days before its
				  effective date. If the executive director takes no action within 30 days of
				  filing, the contract or amendment shall go into effect according to its terms.
				  Each contract filing shall be accompanied with documentation to show that the
				  contract does not result in unreasonable discrimination between generators
				  receiving like and contemporaneous service under substantially similar
				  circumstances and provides for the recovery of all costs associated with the
				  provision of the service.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 337 - DRY CLEANER ENVIRONMENTAL RESPONSE › Subchapter A - GENERAL PROVISIONS › Section 337.1 - Purposes

Current through Reg. 49, No. 28; July 12, 2024
The purposes of this chapter are to:
(1) regulate and remediate certain dry
				  cleaning facilities as prescribed by Texas Health and Safety Code, Chapter
				  374;
(2) establish minimum
				  standards and procedures to reasonably protect and maintain the quality of the
				  state's groundwater and surface water resources from contamination that could
				  result from any release from a dry cleaning facility;
(3) provide for the use of risk-based
				  corrective action; and
(4) provide
				  for the protection of human health and safety and the environment of the
				  state.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 337 - DRY CLEANER ENVIRONMENTAL RESPONSE › Subchapter A - GENERAL PROVISIONS › Section 337.2 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This chapter
				  applies to all dry cleaning facilities, dry cleaning drop stations, and
				  distributors.
(b) This chapter and
				  Texas Health and Safety Code, Chapter 374 do not apply to the following types
				  or categories of businesses:
(1) hotels,
				  motels, and similar establishments that meet the definition of a "hotel" in
				  Texas Tax Code, §
											156.001, unless the
				  business is also a dry cleaning facility or a dry cleaning drop station that
				  accepts garments or other fabrics from retail customers;
(2) formal wear and costume rental
				  businesses, including tuxedo and bridal wear rental, as included in the North
				  American Industry Classification System (NAICS) title "Formal Wear and Costume
				  Rental," code 532220, unless the business is also a dry cleaning facility or a
				  dry cleaning drop station that accepts garments or other fabrics from retail
				  customers;
(3) linen supply
				  establishments and industrial launderers, including uniform supply, as included
				  in the NAICS titles "Linen Supply," code 812331, and "Industrial Launderers,"
				  code 812332, unless the business is also a dry cleaning facility or a dry
				  cleaning drop station that accepts garments or other fabrics from retail
				  customers;
(4) businesses that
				  clean uniforms provided by the business for the sole use of the employees of
				  the business using equipment located on the premises of the business, unless
				  the business is also a dry cleaning facility or dry cleaning drop station that
				  accepts garments or other fabrics from retail customers;
(5) mobile dry cleaning drop stations,
				  meaning any vehicle that is used, in whole or in part, to operate or provide a
				  route service or pickup and delivery service between a retail customer and a
				  dry cleaning facility or dry cleaning drop station;
(6) transporting agents or services that haul
				  garments between dry cleaning facilities and dry cleaning drop stations and
				  that do not operate, in whole or in part, to provide a route service or pickup
				  and delivery service between a retail customer and a dry cleaning facility or
				  dry cleaning drop station; and
(7)
				  governmental bodies as set forth in Texas Health and Safety Code, §
											374.003.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 337 - DRY CLEANER ENVIRONMENTAL RESPONSE › Subchapter A - GENERAL PROVISIONS › Section 337.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Definitions set forth in Texas Health and Safety Code,
					 Chapter 374 and §
										3.2 of
					 this title (relating to Definitions) that are not specifically included in this
					 section also apply. The following words and terms, when used in this chapter,
					 have the following meanings.
(1)
				  Application for ranking--The form approved by the executive director for an
				  applicant to provide information pertaining to a dry cleaning facility and
				  which is used, in part, for the prioritization of sites for corrective
				  action.
(2) Distributor--A person
				  that:
(A) maintains or uses, permanently or
				  temporarily, directly or indirectly, or through an agent, by whatever name
				  called, an office, place of distribution, sales or sample room, warehouse or
				  storage place, or other place of business that is used, in whole or part, for
				  selling, distributing, or delivering dry cleaning solvent;
(B) has any representative, agent,
				  salesperson, canvasser, or solicitor who operates in Texas under the authority
				  of the distributor to sell, deliver, or take orders for dry cleaning
				  solvent;
(C) uses independent
				  contractors in direct sales, distribution, or delivery of dry cleaning solvent
				  in Texas;
(D) allows a franchisee
				  or licensee to operate under its trade name if the franchisee or licensee is
				  required to collect Texas fees on dry cleaning solvent;
(E) conducts business in Texas through
				  employees, agents, or independent contractors for the purpose of selling,
				  distributing, or delivering dry cleaning solvent; or
(F) otherwise distributes dry cleaning
				  solvent to dry cleaning facilities or dry cleaning drop stations doing business
				  in Texas.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 337 - DRY CLEANER ENVIRONMENTAL RESPONSE › Subchapter A - GENERAL PROVISIONS › Section 337.4 - General Prohibitions and Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) New dry cleaning facilities must meet the
				  performance standards in §
										337.20 of
				  this title (relating to Performance Standards).
(b) A distributor is prohibited from selling,
				  delivering, or otherwise distributing any dry cleaning solvent to a dry
				  cleaning facility unless the dry cleaning facility has a valid, current
				  registration certificate issued by the executive director pursuant to §
										337.11
				  of this title (relating to Dry Cleaner Registration Certificates). Prior to
				  sale, delivery, or other distribution of the dry cleaning solvent, the
				  distributor must obtain and record the registration number and registration
				  expiration date of the dry cleaning facility's registration
				  certificate.
(c) A distributor
				  shall not sell, deliver, or otherwise distribute the dry cleaning solvent
				  perchloroethylene to a dry cleaning facility with a nonparticipating
				  non-perchloroethylene user registration certificate or a participating
				  non-perchloroethylene user registration certificate.
(d) A person is prohibited from purchasing
				  dry cleaning solvent from a distributor that does not have a valid, current
				  distributor registration certificate issued by the executive
				  director.
(e) A distributor is
				  prohibited from selling or otherwise distributing dry cleaning solvent to a dry
				  cleaning facility unless the distributor has a valid, current distributor
				  registration certificate issued by the executive director.
(f) A person is prohibited from purchasing
				  the dry cleaning solvent perchloroethylene for a dry cleaning facility with a
				  nonparticipating non-perchloroethylene user registration certificate or a
				  participating non-perchloroethylene user registration certificate.
(g) A distributor is prohibited from selling,
				  delivering, or otherwise distributing any dry cleaning solvent to a dry
				  cleaning drop station.
(h) A person
				  is prohibited from purchasing or otherwise obtaining any dry cleaning solvent
				  for a dry cleaning facility unless the dry cleaning facility has a valid,
				  current registration certificate issued by the executive director pursuant to
				  §
										337.11
				  of this title.
(i) A person is
				  prohibited from purchasing or otherwise obtaining any dry cleaning solvent for
				  a dry cleaning drop station.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 337 - DRY CLEANER ENVIRONMENTAL RESPONSE › Subchapter B - REGISTRATION, CERTIFICATES, AND FEES › Section 337.10 - Registration for Dry Cleaning Facilities and Drop Stations

Current through Reg. 49, No. 28; July 12, 2024
(a) Registration.
(1) All operating dry cleaning facilities and
				  dry cleaning drop stations must be registered with the agency in accordance
				  with this section.
(2) Any person
				  that owns a new dry cleaning facility or dry cleaning drop station that is
				  placed into service after September 1, 2003, shall register the dry cleaning
				  facility or dry cleaning drop station with the agency in accordance with
				  subsection (c) of this section and receive a registration certificate before
				  operations begin.
(3) The owner of
				  a dry cleaning facility or dry cleaning drop station is responsible for
				  compliance with the registration requirements of this section. An owner may
				  designate a legally authorized representative to complete and submit the
				  required registration information. However, the owner remains responsible for
				  compliance with the provisions of this section by such
				  representative.
(4) All dry
				  cleaning facilities and dry cleaning drop stations are subject to the fee and
				  payment requirements of §
											337.14
				  and §
											337.15 of
				  this title (relating to Registration Fees; and Solvent Fees, respectively). The
				  failure by an owner to properly or timely register any dry cleaning facility or
				  dry cleaning drop station does not exempt the owner from such fee and payment
				  requirements.