| (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.
(h) Decision by the Commission--The Commission may:
approve the export petition in whole or in part; deny the export petition
in whole or in part; approve the export petition subject to terms
and conditions selected by the Commission and included in the export
permit; or request additional information needed for a decision. The
Commission's decision to approve or deny the petition, either in whole
or in part, or to approve the petition subject to the Commission's
terms and conditions, is final without the filing of a motion for
rehearing. Export petitions approved by the Commission are effective
immediately.
(i) Terms and Conditions--The Commission may include
any reasonable terms or conditions in the export permit that it deems
appropriate or necessary.
(j) Permit Duration, Amendment, Revocation, Reporting,
and Assignment.
(1) An export permit shall be issued for the term specified
in the permit and shall remain in effect for that term unless amended,
revoked, or canceled by the Commission. The specified term in the
export permit shall not authorize shipments of waste by the petitioner
to occur beyond the end of the fiscal year for which the export permit
is approved.
(2) The Commission may add requirements or limitations
to or delete requirements or limitations from the permit. Before doing
so, the Commission will provide the permit holder and the Compact
Facility Operator five business days' notice, so that they may comment
on the proposed amendments to the permit. The Commission may also
provide the permit holder a reasonable time to make any changes necessary
to comply with the additional requirements or limitations imposed
by the Commission. No exports will be allowed under any amended export
permit until:
(A) the amendment to the export permit has been executed
by both the permittee and the Commission; and
(B) the permittee has made any changes necessary to
comply with any additional requirements that the Commission has imposed.
(3) The Commission's Chair or his or her delegate may
review applications for amendments and, in consultation with a committee
of the Commission or other persons employed by or retained by the
Commission for the purpose approve minor amendments without a vote
of the entire Commission, although the Chair or his or her delegate
has the discretion to refer an application for an amendment to the
full Commission for a decision. Notwithstanding the foregoing, the
Commission will not approve an amendment that will extend the date
on which an export permit expires beyond the end of a fiscal year.
(4) Not later than October 31 of each calendar year,
a person who holds an export permit shall file with the Commission
a report concerning the waste exported in the immediately preceding
period from September 1 to August 31. The report shall specify the
volume of low-level radioactive waste actually exported for disposal,
the total radioactivity of the waste exported, the date or dates on
which the waste was exported, and the name and location of the disposal
facility to which the exported waste was delivered, along with the
date or dates on which it was delivered to that facility. If the dates
of exportation and the dates of delivery are not available at the
time the report is due, the permittee will make the dates available
to the Commission within 10 days of those dates being made available
to the permittee. Failure to timely file this report may result in
denial of future export petitions.
(5) An export permit is not assignable or transferable
to any other person.
(k) Agreements to Export--Nothing in this subchapter
shall limit the authority of the Commission to enter into agreements
with the United States, other regional compact commissions, or individual
states for the exportation or management of low-level radioactive
waste. Nothing in this subchapter shall be construed to prohibit the
storage or management of low-level radioactive waste by an in-compact
generator, or its disposal pursuant to 10 Code of Federal Regulations §20.2002.
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