Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 21 - TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT COMMISSION › Chapter 675 - OPERATIONAL RULES › Subchapter B - EXPORTATION AND IMPORTATION OF WASTE › Section 675.21 - Exportation of Waste to a Non-Party State for Disposal

Current through Reg. 49, No. 28; July 12, 2024
(a) Permit Required--No low-level radioactive
				  waste generated within a party state shall be exported for disposal in a
				  non-party state unless the Commission has issued an export permit allowing the
				  exportation of that waste pursuant to this section.
(b) Petition Required--The term "petitioner"
				  shall include a person who is a generator, a broker acting on behalf of one or
				  more generators, an authorized representative of the Department of Defense, or
				  the host state (when proposing to export low-level radioactive waste to a
				  low-level radioactive waste disposal facility outside the party states). Each
				  petitioner shall submit a petition for an export permit to the
				  Commission.
(c) Form of
				  Petition--The petition or a request to amend a permit shall be in writing and
				  on a form promulgated by the Commission and posted on the Commission's website.
				  A petitioner must submit its petition or request to amend a permit to the
				  Commission and to the Compact Facility both by electronic mail and by United
				  Parcel Service (UPS) or FedEx delivery service.
(d) Petitioners must receive the Commission's
				  permission to export before exporting any waste out of the party states. No
				  petition for the exportation of Class B or Class C waste for disposal in a
				  non-party state will be approved unless the petitioner can show good
				  cause.
(e) Notice of
				  Petition--Export petitions submitted to the Commission will be posted to the
				  Commission's website within five business days of their submission.
(f) Any person may submit comments on an
				  export petition to the Commission by electronic mail or by sending a hard copy
				  of the comments to the Commission using the UPS or FedEx delivery service. The
				  Commission will consider all comments received at least one week before the
				  meeting at which it considers action on the petition. The Commission may, but
				  shall not be bound to, consider comments submitted less than one week before
				  such a meeting.
(g) Review of
				  Petition--After receiving the export petition and any comments about the
				  petition, the Commission shall, no earlier than 15 days after the petition is
				  posted and no later than 75 after the petition is posted unless a Contingency
				  or Exigent event exists that justifies acting sooner, act on the export
				  petition, considering the following factors:
(1) The volume of waste proposed for
				  exportation, the type of waste proposed for exportation by the generator, the
				  approximate radioactivity of the waste, the time of the proposed exportation,
				  and the location and name of the facility that will receive the waste for
				  treatment and ultimate disposal;
(2) The policy and purpose of the
				  Compact;
(3) The availability of
				  the Compact Facility for the disposal of the waste involved;
(4) The economic impact on the host county,
				  the host state, and the Compact Facility Operator of granting the export
				  permit;
(5) The economic impact on
				  the petitioner;
(6) Whether the
				  low-level radioactive waste disposal compact or the state unaffiliated with
				  such a compact in which the proposed disposal facility is located authorizes
				  the importation of the waste being exported from the party state or
				  states;
(7) The existence of
				  unresolved violations associated with radioactive waste receipt, handling,
				  processing, or transportation pending against the petitioner with any other
				  regulatory agency with jurisdiction to regulate radioactive material, and any
				  comments by the regulatory agency with which the petitioner has such unresolved
				  violations;
(8) Any unresolved
				  violation, complaint, unpaid fee, or past due report that the petitioner has
				  with the Commission;
(9) Any
				  relevant comments received from any interested person;
(10) The projected effect, if any, on the
				  rates to be charged for disposal of in-compact waste;
(11) The projected effect on preservation of
				  Compact Facility capacity for the party states; and
(12) Any other factor the Commission deems
				  relevant to carry out the policy and purpose of the Compact.