Part 1.
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Chapter 39.
PUBLIC NOTICE
Subchapter M. PUBLIC NOTICE FOR RADIOACTIVE MATERIAL LICENSES
30 TAC §§39.703, 39.707, 39.709
The Texas Commission on Environmental Quality (commission)
proposes amendments to §§39.703, 39.707, and 39.709.
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE PROPOSED RULES
On September 24, 2003, the commission considered the petition for rulemaking
that was filed by Newpark Resources, Inc. on August 5, 2003. The petitioner
requested that the commission initiate rulemaking to allow commercial disposal
of naturally occurring radioactive material (NORM) waste in Class I injection
wells located at facilities at which the storage and processing of such material
is licensed by the Texas Department of Health (TDH), Bureau of Radiation Control.
TDH is the predecessor agency of the Department of State Health Services.
The petitioner also requested amendments to the memorandum of understanding
(MOU) with TDH to reflect that TDH is authorized to regulate the storage
and processing of NORM waste that will be disposed of at a commercial NORM
waste disposal facility.
The commission directed staff to initiate rulemaking for the licensing
of commercial disposal of NORM waste streams from public water systems by
injection into Class I injection wells. The commission decided that the MOU
with TDH should not be amended as requested by the petitioner.
This rulemaking proposes amendments to the public notice requirements for
radioactive material licenses and establishes notice requirements for license
applications for commercial disposal of NORM waste authorized under 30 TAC
Chapter 336, Subchapter K. A corresponding rulemaking that includes changes
to Chapter 336, Radioactive Substance Rules is published in this issue of
the
Texas Register
.
SECTION BY SECTION DISCUSSION
Administrative and grammatical changes are proposed throughout the sections
to bring the existing rule language into agreement with guidance provided
in the Texas Legislative Council Drafting Manual, October 2002.
Section 39.703(b) is proposed to be amended to make the notice requirements
of this section applicable to licenses issued under Chapter 336, Subchapter
K, Commercial Disposal of Naturally Occurring Radioactive Material (NORM)
Waste From Public Water Systems.
Section 39.707(a) is proposed to be amended to make the notice requirements
of this section applicable to licenses issued under Chapter 336, Subchapter
K.
Section 39.709(b) is proposed to be amended to make the notice requirements
of this section applicable to licenses issued under Chapter 336, Subchapter
K.
FISCAL NOTE: COSTS TO STATE AND LOCAL GOVERNMENT
Nina Chamness, Analyst, Strategic Planning and Grants Management Section,
determined that, for the first five-year period that the proposed rules are
in effect, no significant fiscal implications are anticipated for the agency,
and no fiscal implications are expected for other units of state and local
government as a result of administration or enforcement of the proposed rules.
The proposed rules would establish public notice requirements for entities
wishing to obtain a license to commercially dispose of NORM waste by injection
into Class I injection wells. The agency anticipates receiving at least one
and perhaps as many as five of these types of applications. Some costs to
the agency would be expected to process public comment on any draft licenses,
and to fulfill other administrative requirements, though these costs are not
anticipated to be significant. These costs would be exclusive of any contested
case hearing costs, if applicable.
State and local governments typically do not own or operate Class I injection
wells that commercially dispose of NORM waste from public water systems, and
therefore fiscal implications are not anticipated for state or local governments.
If these types of facilities are owned or operated by units of government
in the future, the costs for public notice requirements are expected to be
the same as those identified in the PUBLIC BENEFITS AND COSTS section of this
preamble.
PUBLIC BENEFITS AND COSTS
Ms. Chamness also determined that for each year of the first five years
the proposed rules are in effect, the public benefit anticipated as a result
of the proposed amendments will be that the public will be notified when entities
seek a license to commercially dispose of NORM waste by injection into Class
I injection wells.
No significant fiscal impact is expected to occur from these proposed amendments.
The newspaper publication cost for required notices is estimated to be $400
- $600 for a newspaper with a small circulation. In a newspaper with a large
circulation, the publication of a public notice is estimated to cost between
$1,100 - $1,500. This estimate does not include any costs related to contested
case hearings for this type of license application, as it is not known how
many of the potential license applications would be subject to contested case
hearings, if any. However, if applicable, these costs could be significant
and would include attorney fees, expert witness fees, etc.
SMALL BUSINESS AND MICRO-BUSINESS ASSESSMENT
No adverse fiscal implications are anticipated as a result of implementation
of the proposed rules for small or micro-businesses. The agency does not anticipate
that small and micro- business would be applying for this type of license.
LOCAL EMPLOYMENT IMPACT STATEMENT
The commission reviewed this proposed rulemaking and determined that a
local employment impact statement is not required because the proposed rules
do not adversely affect a local economy in a material way for the first five
years that the proposed rules are in effect.
DRAFT REGULATORY IMPACT ANALYSIS DETERMINATION
The commission reviewed the proposed rules in light of the regulatory analysis
requirements of Texas Government Code, §2001.0225, and determined that
the proposed rules are not subject to §2001.0225 because they do not
meet the criteria for a "major environmental rule" as defined in that statute.
A "major environmental rule" means a rule the specific intent of which
is to protect the environment or reduce risks to human health from environmental
exposure and that may adversely affect in a material way the economy, a sector
of the economy, productivity, competition, jobs, the environment, or the public
health and safety of the state or a sector of the state.
The proposed amendments to Chapter 39 are part of the commission's rulemaking
to authorize commercial disposal of NORM waste. The specific intent of the
proposed rules is to allow commercial injection well disposal of NORM waste
generated by public water systems. These rules will benefit public water systems
by providing an additional disposal option for NORM waste generated from the
treatment of water supplies. It is not anticipated that the proposed rules
will adversely affect in a material way the economy, a sector of the economy,
productivity, competition, jobs, the environment, or the public health and
safety of the state or a sector of the state because the proposed rules would
only apply to commercial Class I injection well disposal of NORM waste generated
by public water systems. The proposed amendments to Chapter 39 are procedural
changes that establish the public notice requirements for NORM waste disposal
license applications. Therefore, the commission concludes that these proposed
rules do not meet the definition of a major environmental rule.
Furthermore, the proposed rulemaking action does not meet any of the four
applicability requirements listed in §2001.0225(a). Section 2001.0225
only applies to a major environmental rule, the result of which is to: 1)
exceed a standard set by federal law, unless the rule is specifically required
by state law; 2) exceed an express requirement of state law, unless the rule
is specifically required by federal law; 3) exceed a requirement of a delegation
agreement or contract between the state and an agency or representative of
the federal government to implement a state and federal program; or 4) adopt
a rule solely under the general powers of the agency instead of under a specific
state law.
In this case, the proposed rules do not meet any of these applicability
requirements. First, there are no applicable federal standards that these
rules would address. Disposal of NORM waste is not subject to standards established
by the Nuclear Regulatory Commission or the United States Environmental Protection
Agency (EPA). Second, the proposed rules do not exceed an express requirement
of state law. Texas Health and Safety Code (THSC), Chapter 401, authorizes
the commission to regulate the disposal of most radioactive material in Texas.
However, there are no specific requirements for the disposal of NORM waste
in the Texas Radiation Control Act that are exceeded by these proposed rules.
Third, there is no delegation agreement that would be exceeded by these proposed
rules because no delegation agreement relates to this subject matter area.
Fourth, the commission does not propose these rules solely under the commission's
general powers. THSC, Chapter 401, §§401.051, 401.103, 401.104,
and 401.412, specifically authorize the commission to adopt rules for the
control of sources of radiation and the licensing of the disposal of radioactive
materials.
The commission invites public comment regarding the draft regulatory impact
analysis determination during the public comment period.
TAKINGS IMPACT ASSESSMENT
The commission evaluated these proposed rules and performed an assessment
of whether the proposed rules constitute a taking under Texas Government Code,
Chapter 2007. The specific purpose of the proposed rules is to provide notice
requirements for license applications authorizing commercial injection well
disposal of NORM waste generated by public water systems. These proposed rules
will only apply to license applications for commercial Class I injection well
disposal of NORM waste generated by public water systems. Because EPA adopted
federal standards for radionuclides in drinking water, some public water systems
subject to these federal standards will need to manage and dispose of their
treatment residuals containing NORM in a manner that is protective of human
health and safety and the environment. The proposed rules would substantially
advance this stated purpose by allowing commercial injection well disposal
of NORM waste streams generated by public water systems.
Promulgation and enforcement of these proposed rules would be neither a
statutory nor a constitutional taking of private real property because the
proposed rules do not affect real property. In particular, there are no burdens
imposed on private real property, and the proposed rules would allow a new
option for the commercial disposal of NORM waste for public water systems
dealing with NORM waste generated by the treatment of public water supplies.
The existing prohibition of commercial disposal of NORM waste is removed to
allow commercial Class I injection well disposal of NORM waste generated by
public water systems. The proposed amendments to Chapter 39 are procedural
changes that establish the public notice requirements for NORM waste disposal
license applications. Because the regulation does not affect real property,
it does not burden, restrict, or limit an owner's right to property or reduce
its value by 25% or more beyond that which would otherwise exist in the absence
of the regulation. Therefore, these proposed rules will not constitute a taking
under Texas Government Code, Chapter 2007.
CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM
The commission reviewed the proposed rulemaking and found that the rules
are neither identified in Coastal Coordination Act Implementation Rules, 31
TAC §505.11, nor will they affect any action/authorization identified
in Coastal Coordination Act Implementation Rules, 31 TAC §505.11. Therefore,
the proposed rules are not subject to the Texas Coastal Management Program.
ANNOUNCEMENT OF HEARING
The commission will hold a public hearing on this proposal in Austin on
February 24, 2005, at 2:00 p.m. in Building F, Room 2210, at the commission's
central office located at 12100 Park 35 Circle. The hearing is structured
for the receipt of oral or written comments by interested persons. Individuals
may present oral statements when called upon in order of registration. Open
discussion will not be permitted during the hearing; however, commission staff
members will be available to discuss the proposal 30 minutes before the hearing
and will answer questions before and after the hearing.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the Office of
Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests
should be made as far in advance as possible.
SUBMITTAL OF COMMENTS
Comments may be submitted to Joyce Spencer, Office of Environmental Policy,
Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087
or faxed to (512) 239- 4808. All comments should reference Rule Project Number
2004-030-336-WS. Comments must be received by 5:00 p.m., February 28, 2005.
For further information or questions concerning this proposal, please contact
Debi Dyer, Policy and Regulations Division, at (512) 239-3972.
STATUTORY AUTHORITY
The amendments are proposed under the Texas Radiation Control Act, THSC,
Chapter 401; THSC, §401.011, which provides the commission authority
to regulate and license the disposal of radioactive substances; §401.051,
which authorizes the commission to adopt rules and guidelines relating to
the control of sources of radiation; §401.103, which authorizes the commission
to adopt rules and guidelines that provide for licensing and registration
for the control of sources of radiation; §401.104, which requires the
commission to provide rules for licensing for the disposal of radioactive
material; and §401.412, which provides authority to the commission to
regulate and license the disposal of radioactive substances and to adopt rules
necessary to exercise this authority. The amendments are proposed under Texas
Water Code, §27.019, which requires the commission to adopt rules reasonably
required for the performance of the commission's duties under the Injection
Well Act. The proposed amendments are also authorized by Texas Water Code, §5.103,
which provides the commission with the authority to adopt rules necessary
to carry out its powers and duties under the Texas Water Code and other laws
of the state.
The proposed amendments implement the Texas Radiation Control Act, THSC,
Chapter 401; and the Injection Well Act, Texas Water Code, Chapter 27.
§39.703.Notice of Completion of Technical Review.
(a)
When the executive director has completed the technical
review of an application for a license, major amendment, or renewal of a license
issued under Chapter 336 of this title (relating to Radioactive Substance
Rules) or for a minor amendment issued under Chapter 336, Subchapter H of
this title (relating to Licensing Requirements for Near-Surface Land Disposal
of Low-Level Radioactive Waste), notice
must
[
(b)
For any other application for a minor amendment to a license
issued under Chapter 336, Subchapter F of this title (relating to Licensing
of Alternative Methods of Disposal of Radioactive Material)
,
[
§39.707.Published Notice.
(a)
For applications under Chapter 336, Subchapter F of this
title (relating to Licensing of Alternative Methods of Disposal of Radioactive
Material)
,
[
(b)
For applications for a new license, renewal license, or
major amendment to a license issued under Chapter 336, Subchapter H of this
title (relating to Licensing Requirements for Near- Surface Land Disposal
of Low-Level Radioactive Waste), on completion of technical review and preparation
of the draft license, the commission shall publish, at the applicant's expense,
notice of the draft license and specify the requirements for requesting a
contested case hearing by a person affected. The notice
must
[
(c)
(No change.)
§39.709.Notice of Contested Case Hearing on Application.
(a)
(No change.)
(b)
For applications under Chapter 336, Subchapter F of this
title (relating to Licensing of Alternative Methods of Disposal of Radioactive
Material)
,
[
(c)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on January 14, 2005.
TRD-200500187
Stephanie Bergeron Perdue
Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: February 27, 2005
For further information, please call: (512) 239-5017
The Texas Commission on Environmental Quality (commission or TCEQ)
proposes amendments to §§336.1, 336.105, 336.211, 336.501, and 336.601.
The commission also proposes new Subchapter K consisting of §§336.1001,
336.1003, 336.1005, 336.1007, 336.1009, 336.1011, 336.1013, 336.1015, 336.1017,
and 336.1019.
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE PROPOSED RULES
On September 24, 2003, the commission considered the petition for rulemaking
filed by Newpark Resources, Inc. on August 5, 2003. The petitioner requested
that the commission initiate rulemaking to allow commercial disposal of naturally
occurring radioactive material (NORM) waste in Class I injection wells located
at facilities at which the storage and processing of such material is licensed
by the Texas Department of Health (TDH), Bureau of Radiation Control. TDH
is the predecessor agency of the Department of State Health Services. The
petitioner also requested amendments to the Memorandum of Understanding (MOU)
between TDH and the commission to reflect that TDH is authorized to regulate
the storage and processing of NORM waste that will be disposed of at a commercial
NORM waste disposal facility.
The commission directed staff to initiate rulemaking for the licensing
of commercial disposal of NORM waste streams from public water systems by
injection into Class I injection wells. The commission decided that the MOU
with TDH should not be amended as requested by the petitioner. The MOU with
TDH is codified as 25 TAC §289.101 and adopted by reference in 30 TAC §7.118
(relating to The Memorandum of Understanding between the Texas Department
of Health and the Texas Natural Resource Conservation Commission Regarding
Radiation Control Functions). Section 289.101(d)(1) of the MOU provides that
the receipt, storage, and/or processing of radioactive substances received
by a TNRCC (predecessor agency of the TCEQ) licensee at a commercial radioactive
substance disposal facility for the explicit purpose of disposal at that facility
shall be regulated by the TNRCC (predecessor agency of the TCEQ). This requirement
is mirrored in existing TCEQ rules in 30 TAC §336.211(d) (relating to
General Requirements for Radioactive Material Disposal). Thus, the receipt,
storage, and/or processing of NORM waste at a commercial disposal facility
will be regulated by the TCEQ in accordance with the provisions mentioned
previously. This is necessary to ensure that NORM waste is properly conditioned
for disposal in Class I injection wells. Also, the TCEQ must ensure that procedures
for waste receipt, storage, and processing are protective of human health
and safety and the environment.
This rulemaking proposes amendments to Chapter 336 to create a licensing
program for the commercial Class I injection well disposal NORM waste generated
by public water systems. A corresponding rulemaking that includes changes
to 30 TAC Chapter 39, Public Notice, is published in this issue of the
SECTION BY SECTION DISCUSSION
Administrative and grammatical changes are proposed throughout the sections
to bring the existing rule language into agreement with guidance provided
in the Texas Legislative Council Drafting Manual, October 2002.
SUBCHAPTER A: GENERAL PROVISIONS
§336.1, Scope and General Provisions
Section 336.1 is proposed to be amended to provide authorization for disposal
of NORM waste. Specifically, new §336.1(f)(4) provides authorization
for disposal of NORM waste from other persons in accordance with Subchapter
K of this chapter (relating to Commercial Disposal of Naturally Occurring
Radioactive Material (NORM) Waste From Public Water Systems).
SUBCHAPTER B: RADIOACTIVE SUBSTANCE FEES
§336.105, Schedule of Fees for Other Licenses
Section 336.105 is proposed to amend the fees for licenses issued under
Subchapter K of this chapter, and to modify fees for licenses issued under
Subchapter F of this chapter (relating to Licensing of Alternative Methods
of Disposal of Radioactive Material). Section 336.105(a)(1) proposes to increase
the license application fee for facilities regulated under Subchapter F from
$20,000 to $50,000. The increased fee more accurately reflects the commission's
cost in reviewing a Subchapter F license application. Texas Health and Safety
Code (THSC), §401.412(d) provides that the commission may assess and
collect an annual fee for each license and registration and for each application
in an amount sufficient to recover its reasonable costs. The commission's
cost for reviewing a new application and issuing a radioactive material license
under Subchapter F or Subchapter K is approximately $40,000 to $100,000 depending
on the complexity of the application. These estimates do not include fringe
and indirect costs. Proposed new subsection (a)(3) requires a license application
fee of $50,000 for facilities regulated under Subchapter K. Section 336.105(a)
is also proposed to reorganize the list of subchapters in sequential order.
Section 336.105(b)(1) proposes to decrease the annual license fee for facilities
regulated under Subchapter F from $28,900 to $25,000. The decreased annual
fee more accurately reflects the commission's cost in reviewing a licensee's
annual reports and conducting inspections of licensed facilities. The commission's
cost for conducting an annual review of an existing radioactive material license
issued under Subchapter F or Subchapter K is approximately $25,000. This estimate
includes one compliance inspection of the facility per year. Proposed new
subsection (b)(3) requires an annual license fee of $25,000 for facilities
regulated under Subchapter K. Section 336.105(b) is also proposed to reorganize
the list of subchapters in sequential order. Section 336.105(c) is proposed
to be amended to require a fee of $10,000 for major amendments of licenses
issued under Subchapter K. This proposed fee is consistent with existing fees
for a major amendment of licenses issued under Subchapter F and Subchapter
G. Proposed new §336.105(d) requires a license application fee of $50,000
for the renewal of licenses issued under Subchapter F or Subchapter K. Existing §336.105(d)
is renumbered as §336.105(e) and is amended to provide a fee schedule
for holders of licenses issued under Subchapter K following cessation of disposal
activities.
SUBCHAPTER C: GENERAL DISPOSAL REQUIREMENTS
§336.211, General Requirements for Radioactive
Material Disposal
Section 336.211(a) proposes to add new subsection (a)(7). This amendment
is proposed for consistency with other authorized disposal methods referenced
in the section. Existing subsection (a)(7) and (8) are renumbered accordingly.
Section 336.211(b) proposes to add new §336.211(b)(5). This new subsection
requires a person to be specifically licensed to receive waste containing
licensed material from other persons for disposal by injection into an underground
injection control Class I injection well.
SUBCHAPTER F: LICENSING OF ALTERNATIVE METHODS
OF DISPOSAL OF RADIOACTIVE MATERIAL
§336.501, Scope and General Provisions
Section 336.501 proposes to add a new subsection (d). Proposed new §336.501(d)
provides that the commission may license the commercial disposal of NORM waste
under Subchapter K.
SUBCHAPTER G: DECOMMISSIONING STANDARDS
§336.601, Applicability
Section 336.601(a) proposes to apply the decommissioning criteria in Subchapter
G to NORM waste disposal facilities that are licensed under Subchapter K.
NEW SUBCHAPTER K: COMMERCIAL DISPOSAL OF NATURALLY
OCCURRING RADIOACTIVE MATERIAL WASTE FROM PUBLIC WATER SYSTEMS
§336.1001, Scope and General Provisions
New §336.1001 is proposed to provide a statement of general applicability
for Subchapter K, which establishes requirements for waste disposal facilities
that accept NORM waste from public water systems for commercial disposal by
injection into Class I injection wells. The requirements of Subchapter K will
not preclude a generator from on-site disposal of NORM waste by Class I injection
or by other authorized disposal methods under Subchapter F. Subchapter F applies
to authorization of non-commercial disposal activities.
§336.1003, Definitions
Proposed new §336.1003(1) would add a definition for "Commercial disposal,"
that is, the disposal of NORM waste received by the licensee from other persons.
Proposed new §336.1003(2) would add a definition for "Naturally occurring
radioactive material waste disposal facility." Proposed new §336.1003(3)
would add a definition for "Public water system." Proposed new §336.1003(4)
would add a definition for "Site."
§336.1005, Disposal Method
New §336.1005 is proposed to authorize the commercial disposal of
NORM waste only by injection into a Class I injection well permitted under
30 TAC Chapter 331 (relating to Underground Injection Control) that is specifically
permitted for the disposal of NORM waste.
§336.1007, License Application for Commercial
Disposal of Naturally Occurring Radioactive Material Waste
New §336.1007 is proposed to provide requirements for applications
for licenses for the commercial disposal of NORM waste. New subsection (a)
is proposed to provide technical requirements to be addressed in the license
application that will enable the executive director to evaluate the applicant's
proposed siting, design, construction, and operation of the NORM waste disposal
facility. New subsection (b) is a general requirement that the applicant shall
submit sufficient information to allow the executive director to assess the
potential hazard to public health and safety, and to determine whether the
NORM waste disposal facility will have a significant impact on the environment.
New subsection (c) requires that the applicant shall provide any other information
that may be requested by the executive director.
§336.1009, Standards for Issuance of a License,
License Amendment, or License Renewal
New §336.1009 is proposed to specify the standards that the applicant
must meet for the commission to issue, amend, or renew a license for commercial
disposal of NORM waste. New §336.1009(1) is proposed to ensure that the
applicant is qualified by reason of training and experience to carry out the
disposal operations in a manner that protects human health and safety and
the environment. New §336.1009(2) is proposed to require that the applicant's
proposed NORM waste disposal facility's siting, design, construction, operation,
and closure are adequate to protect the public health and safety in that it
will provide reasonable assurance that the general population will be protected
from releases of radioactivity. New §336.1009(3) is proposed to require
that the applicant has provided reasonable assurance that applicable technical
requirements of this chapter have been met. New §336.1009(4) is proposed
to require that the applicant's financial assurance meets the requirements
of this chapter. New §336.1009(5) is proposed as a general requirement
that the applicant shall meet all applicable requirements under the rules
of the commission.
§336.1011, Performance Objectives
New §336.1011 is proposed to establish radiological criteria for the
performance of the NORM waste disposal facility. A performance assessment
shall be conducted by the applicant to ensure that these radiological criteria
are met. Proposed new §336.1011(a) provides that the performance objectives
of this section apply to the NORM waste disposal facility and any underground
source of drinking water, as defined in §331.2 (relating to Definitions),
that may be impacted by activities at the NORM waste disposal facility. The
performance objectives do not apply to NORM waste in the injection zone.
Proposed new §336.1011(b) requires that radiation exposure and release
of radioactive materials from a NORM waste disposal facility shall be maintained
as low as is reasonably achievable. Concentrations of radioactive material
that may be released to the general environment in groundwater, surface water,
air, soil, plants, or animals shall not result in an annual dose above background
exceeding an equivalent of 25 millirems to the whole body, 75 millirems to
the thyroid, or 25 millirems to any other organ of any member of the public.
These requirements are consistent with the performance objectives for the
disposal of low-level radioactive waste given in Subchapter H of this chapter.
Proposed new §336.1011(c) requires that operations at the NORM waste
disposal facility shall be conducted in compliance with the standards for
radiation protection set out in Subchapter D of this chapter (relating to
Standards for Protection Against Radiation), except for releases of radioactivity
in effluents from the NORM waste disposal facility, which shall be governed
by §336.1011(b). The licensee is also required to conduct analyses of
the protection of individuals during operations, and those analyses shall
include assessments of expected exposures due to routine operations and likely
accidents during handling, storage, processing, and disposal of NORM waste.
Proposed new §336.1011(d) requires that the location and characteristics
of a NORM waste disposal facility shall preclude potential off-site migration
or transport of radioactive materials or ready access to critical exposure
pathways. This requirement is consistent with existing rules for licensing
of alternative methods of disposal of radioactive material under §336.513(c)(2).
Proposed new §336.1011(e) describes the analyses required to demonstrate
protection of the general population from releases of radioactivity. Proposed
new §336.1011(f) requires that the NORM waste disposal facility shall
be located, designed, constructed, operated, and closed so that long-term
isolation and custodial care for long-term stability will not be required
beyond the time the licensee occupies the NORM waste disposal facility. Proposed
new §336.1011(g) requires that the location of the NORM waste disposal
facility shall be such that it is compatible with the uses of surrounding
environs.
§336.1013, Terms and Conditions of License
New §336.1013 is proposed to establish terms and conditions for a
NORM waste disposal facility license. Proposed new subsection (a) is a general
provision requiring that at any time before termination of the license, the
licensee shall submit written statements under oath upon request of the commission
or executive director to enable the commission to determine whether or not
the license should be modified, suspended, or revoked. Proposed new subsection
(b) provides that the licensee shall be subject to the applicable provisions
of THSC, Chapter 401, also known as the Texas Radiation Control Act. Proposed
new subsection (c) provides that any license may be revoked, suspended, or
modified, in whole or in part, for any material false statement in the application.
Proposed new subsection (d) requires that each person licensed by the commission
under this subchapter shall confine possession and use of NORM waste to the
locations and purposes authorized in the license.
Proposed new subsection (e) requires that no NORM waste may be disposed
of until the executive director has inspected the NORM waste disposal facility
and has found it to be in conformance with the description, design, and construction
described in the application for a license. The licensee may commence disposal
operations if the executive director has not inspected the NORM waste disposal
facility within 30 days of being notified in writing by the licensee that
disposal operations are ready to begin, or if the executive director has inspected
the NORM waste disposal facility and has not given written notice of any noncompliance
to the licensee within 15 days of the inspection. Proposed new subsection
(f) requires that no NORM waste may be received for disposal at the NORM waste
disposal facility until the executive director has approved financial assurance
in writing. Proposed new subsection (g) provides that the commission may incorporate
additional requirements and conditions in any license at the time of issuance,
or thereafter, by appropriate rule or order. Proposed new subsection (h) provides
that each license shall be issued for an initial term of ten years from the
date of issuance. After the initial ten years, the commission may renew the
license for one or more terms of ten years. The authority to dispose of radioactive
material expires on the date stated in the license.
§336.1015, Maintenance of Records and Reports
New §336.1015 is proposed to provide requirements for recordkeeping
and maintenance of records. Proposed new subsection (a) requires that each
licensee shall maintain any records and make any reports as may be required
by the conditions of the license, by the rules in this chapter, or by orders
of the commission. Proposed new subsection (b) provides that records that
are required by the rules in this chapter or by license conditions must be
maintained for a period specified by the appropriate rules or by license condition.
Proposed new subsection (c) provides that each record required by this chapter
must be legible throughout the specified retention period. Proposed new subsection
(d) provides that if there is a conflict between the commission's rules, license
condition, or other written approval or authorization from the executive director
pertaining to the retention period for the same type of record, the longest
retention period specified takes precedence. Proposed new subsection (e) requires
that the licensee shall record the location and the quantity of wastes disposed
and shall transfer these records upon license termination to the executive
director and to such other government agencies or officials as designated
by the commission.
Proposed new subsection (f) describes receipt, acceptance, and manifesting
requirements for shipments of NORM waste. Proposed new subsection (g) requires
that each licensee authorized to dispose of waste received from other persons
shall file a copy of its financial report or a certified financial statement
annually with the executive director in order to update the information base
for determining financial qualifications. Proposed new subsection (h) provides
requirements for the submittal of annual reports by the licensee. Proposed
new subsection (i) provides requirements for maintaining an electronic recordkeeping
system.
§336.1017, Tests at Naturally Occurring Radioactive
Material Waste Disposal Facilities
New §336.1017 is proposed to provide that each licensee shall perform
or allow the executive director to perform any tests that the executive director
deems appropriate or necessary for the administration of the rules in this
chapter.
§336.1019, Liability Coverage and Funding
for Naturally Occurring Radioactive Material Waste Disposal Facility Closure
and Stabilization
New §336.1019 is proposed to provide financial assurance and liability
coverage requirements for NORM waste disposal facilities. Proposed new subsection
(a) requires that the applicant shall provide assurance 60 days prior to the
initial receipt of waste that sufficient funds will be available to carry
out closure and stabilization of the NORM waste disposal facility. Proposed
new subsection (b) requires that the assurance must be based on cost estimates
approved by the executive director, which reflect the commission-approved
plan for closure and stabilization of the NORM waste disposal facility. The
applicant's cost estimates must take into account total costs that would be
incurred if an independent contractor were hired to perform the closure and
stabilization work. Proposed new subsection (c) provides that the licensee's
financial assurance mechanism and cost estimates must be reviewed annually
to assure that sufficient funds are available for completion of the closure
plan, assuming that the work has to be performed by an independent contractor.
Proposed new subsection (d) provides that the amount of financial assurance
must change in accordance with the predicted cost of future closure and stabilization.
Proposed new subsection (e) requires that 60 days prior to the initial receipt
of waste, the licensee shall provide financial assurance for bodily injury
and property damage to third parties caused by sudden and non-sudden accidental
occurrences arising from operations of the NORM waste disposal facility in
a manner that meets the requirements of 30 TAC Chapter 37 (relating to Financial
Assurance). Proposed new subsection (e) also requires that financial assurance
mechanisms submitted to comply with this section must meet the requirements
specified in Chapter 37.
FISCAL NOTE: COSTS TO STATE AND LOCAL GOVERNMENT
Nina Chamness, Analyst, Strategic Planning and Appropriations Section,
has determined that, for the first five-year period the proposed rules are
in effect, fiscal implications, which may be significant, are anticipated
for the agency as a result of administration or enforcement of the proposed
rules.
The proposed rules will authorize licensing for the commercial disposal
of NORM waste streams from public water systems by injection into Class I
injection wells. If adopted, the rules provide a commercial disposal method
for NORM waste. Staff estimates that approximately 100 public water systems
in Texas, as well as other systems throughout the United States, will be in
violation of the new federal standards and some subset of those systems will
need to manage and dispose of NORM waste as a result of treatment.
Revenue Implications
The proposed rules provide for the commercial disposal of NORM waste by
injection into Class I injection wells and include license application requirements
and standards, performance objectives, conditions of licenses, maintenance
of records and reports, testing, and financial assurance and liability coverage
requirements. Fees would be added for the review of new license applications,
license renewal, and major amendments for licenses issued under Chapter 336,
Subchapter K. Fees for licenses issued under Chapter 336, Subchapter F, would
be changed for consistency with the proposed fees for Chapter 336, Subchapter
K.
It is not known how many license applications will be received as a result
of these proposed rules. It is estimated that there may be at least one, and
perhaps as many as five, entities that will apply for one of the new licenses.
Fee revenue generated by the proposed new rules in Subchapter K to license
a NORM waste facility would be a one-time license application fee of $50,000
per applicant and an annual license fee of $25,000.
Based upon an estimate of between one and five applications, fee revenue
collected by the agency for a one-time license application fee is estimated
to be between $50,000 and $250,000 in the first five years the rules are in
effect.
The annual license fee is payable starting the second year of operation.
If between one and five applicants are licensed, fee revenue is estimated
to be between $25,000 and $125,000 in one year. Over four years, fee revenue
is estimated to be between $100,000 and $500,000 for the annual license fee.
The agency could see an aggregate increase in fee revenue from these fees
to be between $150,000 and $750,000 over a five-year period, assuming a minimum
of one license and a maximum of five licenses are issued by the commission.
If there are major amendments to licenses for NORM waste disposal into
a Class I injection well, the agency would receive $10,000 per major amendment.
The agency would also receive a fee for license renewal of $50,000 every ten
years.
The proposed rules would also change fees for licenses issued under Chapter
336, Subchapter F, for alternative methods of disposal of radioactive material.
The one-time license application fee would increase from $20,000 per application
to $50,000 per application, a $30,000 increase. The annual license fee would
decrease from $28,900 per year to $25,000 per year. Currently, only one license
has been issued under Subchapter F. Under the proposed rules, an annual $3,900
decrease in revenue is expected from the annual license fee. Over a five-year
period, the revenue decrease for annual license fees would be $19,500.
Assuming that there is at least one, and perhaps as many as five, license
applications to dispose of NORM waste by injection into a Class I injection
well, and that there remains one entity licensed to dispose of radioactive
material under Subchapter F, revenue to the agency is expected to increase
an estimated $130,500 to $730,500 over the five-year period. Fee revenue would
be deposited in the Hazardous Waste Fee Account and would be used by the agency
to cover any additional costs to process and administer any licenses.
The proposed rules will not have any fiscal impact on local governments
since its purpose is to merely expand the available disposal options to dispose
of NORM waste. The proposed rules do not require compliance with the new radionuclide
rules adopted by the United States Environmental Protection Agency.
PUBLIC BENEFITS AND COSTS
Ms. Chamness also determined that for each year of the first five years
the proposed rules are in effect, the public benefit anticipated from the
changes seen in the proposed rules will be the authorization of a NORM waste
disposal method, thus giving public water systems an alternative method of
disposing of NORM waste streams.
Companies that apply for a license to commercially dispose of NORM waste
by injection into Class I injection wells will be significantly affected by
the proposed rules. The following fees are proposed as part of this rulemaking:
1) license application fee of $50,000; 2) annual license fee of $25,000, starting
the second year of the license; 3) fee for major amendments of licenses of
$10,000; and 4) license renewal fee every ten years of $50,000.
It is estimated that at least one, and as many as five, companies may apply
and receive a license to dispose of NORM waste into a Class I injection well.
Therefore, costs for a license over a five-year period are estimated to be
between $50,000 and $250,000 for license application fees and from $100,000
to $500,000 for annual license fees, totaling from $150,000 to $750,000 in
costs.
In addition to these fees, a company will incur financial assurance costs,
third-party liability insurance coverage costs, and closure costs when developing
a site as a Class I injection well facility for NORM waste disposal. Financial
assurance costs are estimated to be between 1% and 5% of the costs to close
a Class I injection well facility and may be significant. The cost to close
such a facility varies depending on the design of the facility and the amount
of disposed waste contained in the facility. Since financial assurance costs
and closure costs depend on the design and capacity of each site, the agency
cannot accurately estimate the amount of these costs. Third-party liability
insurance premium costs vary greatly. Liability coverage between $4 million
and $8 million could cost as much as $35,000 to $70,000 per year or $175,000
to $350,000 over a five-year period.
If a company applies for a new license under Chapter 336, Subchapter F,
the one-time license application fee will increase from $20,000 to $50,000,
a $30,000 increase. However, the annual license fee, payable starting the
second year, will decrease from $28,900 to $25,000 per year, a $3,900 per
year decrease. Over a five-year period, the net fee increase for a licensee
will be $14,400. Over a ten-year period, the fee for a licensee will be a
net decrease of $5,100.
SMALL BUSINESS AND MICRO-BUSINESS ASSESSMENT
No adverse fiscal implications are anticipated as a result of implementation
of the proposed rules for small or micro-businesses. The agency does not anticipate
that any small or micro-business will apply for a license under the proposed
rules. If any small or micro-business applies for a license to commercially
dispose of NORM, then the same fees that apply to a large company would also
apply to a small or micro-business.
LOCAL EMPLOYMENT IMPACT STATEMENT
The commission reviewed this proposed rulemaking and determined that a
local employment impact statement is not required because the proposed rules
do not adversely affect a local economy in a material way for the first five
years that the proposed rules are in effect.
DRAFT REGULATORY IMPACT ANALYSIS DETERMINATION
The commission reviewed the proposed rules in light of the regulatory analysis
requirements of Texas Government Code, §2001.0225, and determined that
the proposed rules are not subject to §2001.0225 because they do not
meet the criteria for a "major environmental rule" as defined in that statute.
A "major environmental rule" means a rule the specific intent of which
is to protect the environment or reduce risks to human health from environmental
exposure and that may adversely affect in a material way the economy, a sector
of the economy, productivity, competition, jobs, the environment, or the public
health and safety of the state or a sector of the state.
The specific intent of the proposed rules is to allow commercial injection
well disposal of NORM waste generated by public water systems. These rules
will benefit public water systems by providing an additional disposal option
for NORM waste generated from the treatment of public water supplies. It is
not anticipated that the proposed rules will adversely affect in a material
way the economy, a sector of the economy, productivity, competition, jobs,
the environment, or the public health and safety of the state or a sector
of the state because the proposed rules would only apply to commercial Class
I injection well disposal of NORM waste generated by public water systems.
Therefore, the commission concludes that these proposed rules do not meet
the definition of a major environmental rule.
Furthermore, the proposed rulemaking action does not meet any of the four
applicability requirements listed in §2001.0225(a). Section 2001.0225
only applies to a major environmental rule, the result of which is to: 1)
exceed a standard set by federal law, unless the rule is specifically required
by state law; 2) exceed an express requirement of state law, unless the rule
is specifically required by federal law; 3) exceed a requirement of a delegation
agreement or contract between the state and an agency or representative of
the federal government to implement a state and federal program; or 4) adopt
a rule solely under the general powers of the agency instead of under a specific
state law.
In this case, the proposed rules do not meet any of these applicability
requirements. First, there are no applicable federal standards that these
rules would address. Disposal of NORM waste is not subject to standards established
by the Nuclear Regulatory Commission or the United States Environmental Protection
Agency. Second, the proposed rules do not exceed an express requirement of
state law. THSC, Chapter 401, authorizes the commission to regulate the disposal
of most radioactive material in Texas. However, there are no specific requirements
for the disposal of NORM waste in the Texas Radiation Control Act that are
exceeded by these proposed rules. Third, there is no delegation agreement
that would be exceeded by these proposed rules because no delegation agreement
relates to this subject matter area. Fourth, the commission does not propose
these rules solely under the commission's general powers. THSC, Chapter 401, §§401.051,
401.103, 401.104, and 401.412, specifically authorize the commission to adopt
rules for the control of sources of radiation and the licensing of the disposal
of radioactive materials.
The commission invites public comment regarding the draft regulatory impact
analysis determination during the public comment period.
TAKINGS IMPACT ASSESSMENT
The commission evaluated these proposed rules and performed an assessment
of whether the proposed rules constitute a taking under Texas Government Code,
Chapter 2007. The specific purpose of the proposed rules is to allow commercial
injection well disposal of NORM waste generated by public water systems. These
proposed rules will only apply to commercial Class I injection well disposal
of NORM waste generated by public water systems. The United States Environmental
Protection Agency has adopted federal standards for radionuclides in drinking
water; some public water systems subject to these federal standards will need
to manage and dispose of their treatment residuals containing NORM in a manner
that is protective of human health and safety and the environment. The proposed
rules would substantially advance this stated purpose by allowing commercial
injection well disposal of NORM waste streams generated by public water systems.
Promulgation and enforcement of these proposed rules would be neither a
statutory nor a constitutional taking of private real property because the
proposed rules do not affect real property. In particular, there are no burdens
imposed on private real property, and the proposed rules would allow a new
option for the commercial disposal of NORM waste for public water systems
dealing with NORM waste generated by the treatment of public water supplies.
The existing prohibition of commercial disposal of NORM waste is removed to
allow commercial Class I injection well disposal of NORM waste generated by
public water systems. Because the regulation does not affect real property,
it does not burden, restrict, or limit an owner's right to property or reduce
its value by 25% or more beyond that which would otherwise exist in the absence
of the regulation. Therefore, these proposed rules will not constitute a taking
under Texas Government Code, Chapter 2007.
CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM
The commission reviewed the proposed rulemaking and found that the rules
are neither identified in Coastal Coordination Act Implementation Rules, 31
TAC §505.11, nor will they affect any action/authorization identified
in Coastal Coordination Act Implementation Rules, 31 TAC §505.11. Therefore,
the proposed rules are not subject to the Texas Coastal Management Program.
ANNOUNCEMENT OF HEARING
The commission will hold a public hearing on this proposal in Austin on
February 24, 2005 at 2:00 p.m. in Building F, Room 2210, at the commission's
central office located at 12100 Park 35 Circle. The hearing is structured
for the receipt of oral or written comments by interested persons. Individuals
may present oral statements when called upon in order of registration. Open
discussion will not be permitted during the hearing; however, commission staff
members will be available to discuss the proposal 30 minutes before the hearing
and will answer questions before and after the hearing.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the Office of
Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests
should be made as far in advance as possible.
SUBMITTAL OF COMMENTS
Comments may be submitted to Joyce Spencer, Office of Environmental Policy,
Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087
or faxed to (512) 239-4808. All comments should reference Rule Project Number
2004-030-336-WS. Comments must be received by 5:00 p.m., February 28, 2005.
For further information or questions concerning this proposal, please contact
Debi Dyer, Policy and Regulations Division, at (512) 239-3972.
Subchapter A. GENERAL PROVISIONS
30 TAC §336.1
STATUTORY AUTHORITY
The amendment is proposed under the Texas Radiation Control Act, THSC,
Chapter 401; THSC, §401.011, which provides the commission authority
to regulate and license the disposal of radioactive substances; §401.051,
which authorizes the commission to adopt rules and guidelines relating to
the control of sources of radiation; §401.103, which authorizes the commission
to adopt rules and guidelines that provide for licensing and registration
for the control of sources of radiation; §401.104, which requires the
commission to provide rules for licensing for the disposal of radioactive
material; and §401.412, which provides authority to the commission to
regulate and license the disposal of radioactive substances and to adopt rules
necessary to exercise this authority. The amendment is proposed under Texas
Water Code, §27.019, which requires the commission to adopt rules reasonably
required for the performance of the commission's duties under the Injection
Well Act. The proposed amendment is also authorized by Texas Water Code, §5.103,
which provides the commission with the authority to adopt rules necessary
to carry out its powers and duties under the Texas Water Code and other laws
of the state.
The proposed amendment implements the Texas Radiation Control Act, THSC,
Chapter 401; and the Injection Well Act, Texas Water Code, Chapter 27.
§336.1.Scope and General Provisions.
(a) - (e)
(No change.)
(f)
No person shall:
(1)
(No change.)
(2)
receive low-level radioactive waste from other persons
for the purpose of disposal, except for a person specifically licensed for
the disposal of low-level radioactive waste; [
(3)
dispose of radioactive materials other than low-level radioactive
waste, except for diffuse naturally occurring radioactive material waste having
concentrations of less than 2000 pCi/g radium-226 or radium-228
; or
[
(4)
dispose of radioactive materials
from other persons other than low-level radioactive waste, except for naturally
occurring radioactive material waste in accordance with Subchapter K of this
chapter (relating to Commercial Disposal of Naturally Occurring Radioactive
Material Waste from Public Water Systems).
(g)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on January 14, 2005.
TRD-200500188
Stephanie Bergeron Perdue
Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: February 27, 2005
For further information, please call: (512) 239-5017
30 TAC §336.105
STATUTORY AUTHORITY
The amendment is proposed under the Texas Radiation Control Act, THSC,
Chapter 401; THSC, §401.011, which provides the commission authority
to regulate and license the disposal of radioactive substances; §401.051,
which authorizes the commission to adopt rules and guidelines relating to
the control of sources of radiation; §401.103, which authorizes the commission
to adopt rules and guidelines that provide for licensing and registration
for the control of sources of radiation; §401.104, which requires the
commission to provide rules for licensing for the disposal of radioactive
material; and §401.412, which provides authority to the commission to
regulate and license the disposal of radioactive substances and to adopt rules
necessary to exercise this authority. The amendment is proposed under Texas
Water Code, §27.019, which requires the commission to adopt rules reasonably
required for the performance of the commission's duties under the Injection
Well Act. The proposed amendment is also authorized by Texas Water Code, §5.103,
which provides the commission with the authority to adopt rules necessary
to carry out its powers and duties under the Texas Water Code and other laws
of the state.
The proposed amendment implements the Texas Radiation Control Act, THSC,
Chapter 401; and the Injection Well Act, Texas Water Code, Chapter 27.
§336.105.Schedule of Fees for Other Licenses.
(a)
Each application for a license under Subchapter F of this
chapter (relating to Licensing of Alternative Methods of Disposal of Radioactive
Material)
,
[
(1)
facilities regulated under Subchapter
F
[
(2)
facilities regulated under Subchapter
G
[
(3)
facilities regulated under
Subchapter K of this chapter: $50,000.
(b)
An annual license fee shall be paid for each license issued
under Subchapter F
,
[
(1)
facilities regulated under Subchapter
F
[
(2)
facilities regulated under Subchapter
G
[
(3)
facilities regulated under
Subchapter K of this chapter: $25,000.
(c)
An application for a major amendment of a license issued
under Subchapter F
,
[
(d)
An application for renewal
of a license issued under Subchapter F or Subchapter K of this chapter must
be accompanied by an application fee of $50,000.
(e)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on January 14, 2005.
TRD-200500189
Stephanie Bergeron Perdue
Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: February 27, 2005
For further information, please call: (512) 239-5017
30 TAC §336.211
STATUTORY AUTHORITY
The amendment is proposed under the Texas Radiation Control Act, THSC,
Chapter 401; THSC, §401.011, which provides the commission authority
to regulate and license the disposal of radioactive substances; §401.051,
which authorizes the commission to adopt rules and guidelines relating to
the control of sources of radiation; §401.103, which authorizes the commission
to adopt rules and guidelines that provide for licensing and registration
for the control of sources of radiation; §401.104, which requires the
commission to provide rules for licensing for the disposal of radioactive
material; and §401.412, which provides authority to the commission to
regulate and license the disposal of radioactive substances and to adopt rules
necessary to exercise this authority. The amendment is proposed under Texas
Water Code, §27.019, which requires the commission to adopt rules reasonably
required for the performance of the commission's duties under the Injection
Well Act. The proposed amendment is also authorized by Texas Water Code, §5.103,
which provides the commission with the authority to adopt rules necessary
to carry out its powers and duties under the Texas Water Code and other laws
of the state.
The proposed amendment implements the Texas Radiation Control Act, THSC,
Chapter 401; and the Injection Well Act, Texas Water Code, Chapter 27.
§336.211.General Requirements for Radioactive Material Disposal.
(a)
Unless otherwise exempted, a licensee
may
[
(1) - (6)
(No change.)
(7)
as authorized under §336.223
of this title (relating to Disposal in Underground Injection Control Class
I Injection Wells);
(8)
[
(9)
[
(b)
A person must be specifically licensed to receive waste
containing licensed material from other persons for:
(1) - (2)
(No change.)
(3)
decay in storage; [
(4)
disposal at a land disposal facility
; or
[
(5)
disposal by injection in an
underground injection control Class I injection well.
(c)
The processing and storage of radioactive material is subject
to applicable rules of the [
(d)
The receipt, storage, and/or processing of radioactive
materials, except for byproduct material under the jurisdiction of the
DSHS
[
(e)
(No change.)
(f)
The disposal of low-level radioactive waste received from
other persons is prohibited, except by a person
who
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on January 14, 2005.
TRD-200500190
Stephanie Bergeron Perdue
Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: February 27, 2005
For further information, please call: (512) 239-5017
30 TAC §336.501
STATUTORY AUTHORITY
The amendment is proposed under the Texas Radiation Control Act, THSC,
Chapter 401; THSC, §401.011, which provides the commission authority
to regulate and license the disposal of radioactive substances; §401.051,
which authorizes the commission to adopt rules and guidelines relating to
the control of sources of radiation; §401.103, which authorizes the commission
to adopt rules and guidelines that provide for licensing and registration
for the control of sources of radiation; §401.104, which requires the
commission to provide rules for licensing for the disposal of radioactive
material; and §401.412, which provides authority to the commission to
regulate and license the disposal of radioactive substances and to adopt rules
necessary to exercise this authority. The amendment is proposed under Texas
Water Code, §27.019, which requires the commission to adopt rules reasonably
required for the performance of the commission's duties under the Injection
Well Act. The proposed amendment is also authorized by Texas Water Code, §5.103,
which provides the commission with the authority to adopt rules necessary
to carry out its powers and duties under the Texas Water Code and other laws
of the state.
The proposed amendment implements the Texas Radiation Control Act, THSC,
Chapter 401; and the Injection Well Act, Texas Water Code, Chapter 27.
§336.501.Scope and General Provisions.
(a)
(No change.)
(b)
Except as provided by this subsection, the commission
may
[
(c)
No person authorized to dispose of radioactive material
under this subchapter
may
[
(d)
The commission may license
the commercial disposal of naturally occurring radioactive material waste
under Subchapter K of this chapter (relating to Commercial Disposal of Naturally
Occurring Radioactive Material Waste from Public Water Systems).
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on January 14, 2005.
TRD-200500191
Stephanie Bergeron Perdue
Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: February 27, 2005
For further information, please call: (512) 239-5017
shall
]
be mailed
by the Office of the Chief Clerk
and published
by the applicant
under this subchapter. The deadline to file public
comment, protests, or hearing requests is 30 days after publication.
or
] Subchapter G of this title (relating to Decommissioning Standards)
, or Subchapter K of this title (relating to Commercial Disposal of Naturally
Occurring Radioactive Material (NORM) Waste From Public Water Systems)
,
notice
must
[
shall
] be mailed
by the Office of
the Chief Clerk
under this subchapter. The deadline to file public comment,
protests, or hearing requests is ten days after mailing.
or
] Subchapter G of this title (relating
to Decommissioning Standards),
or Subchapter K of this title (relating
to Commercial Disposal of Naturally Occurring Radioactive Material (NORM)
Waste From Public Water Systems),
when notice is required to be published
under this subchapter, the applicant shall publish notice at least once in
a newspaper of largest general circulation in the county in which the facility
is located.
shall
] include a statement that the draft license is available for review
on the commission's Web site and that the draft license and application materials
are available for review at the offices of the commission and in a public
place in the county or counties in which the proposed disposal facility site
is located. Notice
must
[
shall
] be published in a newspaper
of general circulation in each county in which the proposed disposal facility
site is located.
or
] Subchapter G of this title (relating
to Decommissioning Standards),
or Subchapter K of this title (relating
to Commercial Disposal of Naturally Occurring Radioactive Material (NORM)
Waste From Public Water Systems),
notice
must
[
shall
] be mailed no later than 30 days before the hearing. For applications
under Chapter 336, Subchapter H of this title (relating to Licensing Requirements
for Near-Surface Land Disposal of Low-Level Radioactive Waste), notice
must
[
shall
] be mailed no later than 31 days before the hearing.
Chapter 336.
RADIOACTIVE SUBSTANCE RULES
or
]
.
]
Subchapter B. RADIOACTIVE SUBSTANCE FEES
or
] Subchapter G of this chapter (relating
to Decommissioning Standards)
, or Subchapter K of this chapter (relating
to Commercial Disposal of Naturally Occurring Radioactive Material Waste from
Public Water Systems) must
[
shall
] be accompanied by an application
fee as follows:
G
] of this chapter:
$50,000
[
$10,000
];
F
] of this chapter:
$10,000; or
[
20,000.
]
and
] Subchapter G
, and Subchapter
K
of this chapter. The amount of each annual fee
is
[
shall be
] as follows:
G
] of this chapter:
$25,000
[
$8,400
]; or
F
] of this chapter:
$8,400; or
[
$28,900.
]
or
] Subchapter G
, or Subchapter
K
of this chapter
must
[
shall
] be accompanied
by an application fee
of
[
as set forth in this subsection.
The amount of the amendment application fee shall be
] $10,000.
(d)
] Upon permanent cessation of
all disposal activities and approval of the final decommissioning plan, holders
of licenses issued under Subchapter F
or Subchapter K
of this chapter
shall
[
may
] use the
applicable
fee schedule for
subsections (b) and (c)
[
subsection (c) and (b)(1)
] of this
section.
Subchapter C. GENERAL DISPOSAL REQUIREMENTS
shall
] dispose of licensed material, as appropriate to the type of licensed
material, only:
(7)
] as authorized under §336.225
of this title (relating to Disposal of Specific Wastes); or
(8)
] as specifically authorized
by commission license issued under this chapter.
or
]
.
]
Texas
] Department of
State
Health
Services (DSHS)
[
(TDH)
], except as provided in subsection
(d) of this section.
TDH
] and oil and gas naturally occurring radioactive
material waste, received at a licensed commercial radioactive material disposal
facility for the explicit purpose of disposal at that facility shall be regulated
in accordance with 25 TAC §289.101(d)(1) (relating to Memorandum of Understanding
Between the Texas Department of Health and the Texas Natural Resource Conservation
Commission Regarding Radiation Control Functions).
that
] is specifically licensed under Subchapter H of this chapter.
Subchapter F. LICENSING OF ALTERNATIVE METHODS OF DISPOSAL OF RADIOACTIVE MATERIAL
shall
] not authorize new or additional facilities or
the expansion of existing facilities for the on-site disposal of low-level
radioactive waste, except to a person specifically authorized by law for low-level
radioactive waste disposal. The commission may, on request or its own initiative,
authorize, under this subchapter, on-site disposal of low-level radioactive
waste on a specific basis at any facility at which low-level radioactive waste
disposal operations began before September 1, 1989, if after evaluation of
the specific characteristics of the waste, the disposal site, and the method
of disposal, the commission finds that the continuation of the disposal activity
will not constitute a significant risk to the public health and safety and
to the environment.
shall
] receive radioactive
material for the purpose of disposal from other persons, sources, other facilities
owned or operated by the applicant or licensee, or any other off-site locations.
Subchapter G. DECOMMISSIONING STANDARDS