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RULE §675.24Requirement to Report on the Importation of Certain Low-Level Radioactive Waste for Management or Disposal that is not Required to be Disposed of in the Compact Facility

(a) This section is applicable only in the host state.

(b) This section is designed to gather information on the importation into the host state for disposal or management of certain low-level waste that:

  (1) is required when shipped to be listed on Nuclear Regulatory Commission (NRC) Forms 540 or 541 (Uniform Low-Level Waste Manifest Shipping Forms);

  (2) is included within the definition of low-level radioactive waste found in 30 TAC §336.2(89) (relating to Definitions) as the definition is in effect on the date this section becomes effective or as 30 TAC §336.2(89) may be amended or renumbered in the future, but is not intended for disposal in the Compact Waste Facility;

  (3) is not low-level radioactive waste described by 42 United States Code, §2021c(b)(1) or waste that is regulated under §675.23 of this title (relating to Importation of Waste from a Non-Party Generator for Disposal); and

  (4) for the purposes of this section, the material described in this subsection will be referred to as Non-Compact-Facility Low-Level Radioactive Waste ("NCFW").

(c) Any entity in the host state that imports NCFW must enter into an agreement with the Commission that contains a requirement that it will report to the Commission on a semi-annual basis the following information with respect to each shipment of NCFW that it has received in the previous six-month period:

  (1) the name of the generator;

  (2) the name of the unaffiliated state, territory, or low-level waste compact (if any) where the waste originated;

  (3) the activity of the waste in curies;

  (4) the gross volume or weight of the waste; the date of receipt; whether the waste is being stored, processed, or otherwise managed; provided, however, that waste that has been disposed of in the same reporting period in which it was received shall only report gross volume or weight; and

  (5) the physical location of management or the date of and physical location of disposal of that waste.

(d) Semi-annual reports must be submitted electronically on forms provided by the Commission and must be submitted before the 31st day after the end of each six-month period of the Commission's fiscal year, which begins on September 1 and ends on August 31. An entity may file its semi-annual report on its own form if the Commission has provided its prior written authorization for the form submitted.

(e) An entity that imports low-level radioactive waste into the host state as described in subsection (c) of this section shall have entered into an agreement with the Commission within 90 days after the effective date of this section or within such time extensions thereafter as the Commission may allow. New entrants that import waste into the host state as described in subsection (c) of this section must enter into an agreement with the Commission within 30 days of commencement of management operations. To the maximum extent possible, each agreement entered into under this section will contain provisions identical to those in each other agreement entered into under this section.

(f) An entity that imports waste into the host state as described in subsection (c) of this section shall submit an application for entry into an agreement with the Commission electronically or on paper on a form provided by the Commission.

(g) Failure on the part of an entity that imports waste into the host state as described in subsection (c) of this section to comply with any provision of this section or the agreement entered into pursuant to subsection (d) of this section may result in the Commission reporting such failures to the host state agency that has licensed, permitted, or otherwise authorized the operation of such entities.

(h) The Commission may revoke or amend an agreement on its own motion or in response to an application by the agreement holder. When the Commission amends an NCFW agreement on its own motion, it may provide a reasonable time to allow the agreement holder to make the changes necessary to comply with any additional requirements imposed by the Commission. No importation of NCFW shall be allowed under any amended agreement for the importation of NCFW until:

  (1) the amendment to the NCFW agreement has been executed by both the Commission and the agreement holder; and

  (2) the agreement holder has made any changes necessary to comply with additional requirements.

Source Note: The provisions of this §675.24 adopted to be effective March 28, 2018, 43 TexReg 1871

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