The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise.
(1) The term "Commission," where used in this subchapter,
means the Texas Low-Level Radioactive Waste Disposal Compact Commission
established by the Texas Low-Level Radioactive Waste Disposal Compact.
(2) The term "Compact" refers to the agreement between
the State of Texas and the State of Vermont to which Congress consented
in Public Law 105-236, enacted September 20, 1998. The text of the
Compact can be found in Texas Health and Safety Code, §403.006
and Vermont Statutes Annotated Title 10, §7069.
(3) The terms "Compact Facility" and "Facility" mean
any site, location, structure, or property located in and provided
by the host state for the purpose of disposal of low-level radioactive
waste for which the party states are responsible.
(4) "Compact waste" means low-level radioactive waste
that:
(A) is originally generated onsite in a host state
or a party state; or
(B) is not generated in a host state or a party state
but has been approved for importation into this state by the Commission
under §3.05 of the Compact.
(5) "Contingency event" is one that causes a disruption
of the normal operation of the Compact Waste Facility.
(6) The word "days" shall mean calendar days unless
the rule in which it is used specifies otherwise.
(7) "Disposal" means the permanent isolation of low-level
radioactive waste pursuant to requirements established by the United
States Nuclear Regulatory Commission and the United States Environmental
Protection Agency under applicable laws, or by the host state.
(8) "Exigent event" means a sudden, unexpected occurrence,
requiring interim or immediate action to prevent, minimize, or mitigate,
risk of loss of life, damage to property, or disruption of essential
public services, or other circumstances as the Commission finds require
interim or immediate action by the Commission.
(9) The term "generate," when used in relation to low-level
radioactive waste, means to produce low-level radioactive waste.
(10) The term "generator" means a person who produces
or processes low-level radioactive waste in the course of its activities,
excluding persons who arrange for the collection, transportation,
management, treatment, storage, or disposal of waste generated outside
the party states, unless approved by the Commission. For purposes
of this subchapter, the identity of a "generator" shall be determined
in accordance with the following:
(A) For low-level radioactive waste acquired on or
after April 27, 2012, and that is not of international origin:
(i) if a licensed manufacturer of sealed sources or
devices chooses to accept from a customer a sealed source or device
that it (or an entity that it acquired) manufactured, the manufacturer
may declare that it is the generator when that source or device is
disposed;
(ii) if a licensed manufacturer of sealed sources or
devices accepts from a customer a sealed source or device manufactured
by another entity, the customer will be considered the generator of
the source or device when it is disposed;
(iii) if a licensed initial distributor of radioactive
sealed sources or devices chooses to accept from a customer a sealed
source or device that it distributed, the initial distributor may
declare that it is the generator of that source or device when it
is disposed;
(iv) if a licensed initial distributor of radioactive
sealed sources or devices chooses to accept from a customer a sealed
source or device that the distributor did not distribute, the customer
will be considered the generator of the source or device when it is
disposed;
(v) if a licensed distributor other than the initial
distributor of the radioactive sealed sources or devices chooses to
accept from a customer a sealed source or device, the customer will
be considered the generator of that source or device when it is disposed;
(vi) if a licensed waste broker or waste processor
chooses to accept radioactive materials from any customer, the customer
will be considered the generator of those materials when they are
disposed; and
(vii) when a licensed decontamination service provider
provides decontamination services to any customer, the customer will
be considered the generator of any waste generated by the provision
of the decontamination service.
(B) A waste broker, waste processor, initial distributor,
other distributor, decontamination service provider, or licensed manufacturer
of sealed sources or devices who received radioactive materials from
a customer before April 27, 2012 may complete TCEQ Form 20225 as the
generator of that waste if it provides adequate documentation that
the waste is not of international origin. Such waste may only be disposed
of in the Compact Facility as party-state (in-compact) waste if the
entity acting as the generator of the waste provides adequate documentation
that the waste is from Texas or Vermont. If the entity acting as the
generator of the waste cannot adequately document that the waste is
from Texas or Vermont, the waste will be treated as non-party-state
(out-of-compact) waste and will require import authorization in accordance
with §675.23 of this title (relating to Importation of Waste
from a Non-Party Generator for Disposal). To provide the documentation
described in this subparagraph, the entity acting as the generator
of the waste may rely on various records, including, but not limited
to, source/device leak tests, source/device inventories, transfer/receipt
records, transportation manifests, purchasing records, or other records
determined by the Commission to be suitable as documentation regarding
the origin of the waste.
(C) If the customer of a waste broker, waste processor,
initial distributor, other distributor, decontamination service provider,
or licensed manufacturer of sealed sources or devices is considered
the generator of waste under subparagraph (A) of this paragraph, the
waste may not be disposed of in the Compact Facility unless the customer
is a public, private or governmental entity located in the United
States or a territory of the United States. The waste will be considered
party-state waste (in-compact) only if the customer is located in
Texas or Vermont; if the customer is located in any other state or
territory of the United States, the waste will be considered non-party
state waste (out-of-compact).
(D) If a licensed user, initial distributor, or manufacturer
of sealed sources or devices is a generator of waste, that waste may
be disposed of in the Compact Facility only if the generator is a
public, private or governmental entity located in the United States.
(11) "Host county" means a county in the host state
in which a disposal facility is located or is being developed.
(12) "Host state" means a party state in which a Compact
Facility is located or is being developed. The state of Texas is the
host state under the Compact.
(13) "Low-level radioactive waste" has the same meaning
as that term is defined in Section 2(9) of the Low-Level Radioactive
Waste Policy Act, as amended by the Low-Level Radioactive Waste Policy
Amendments Act of 1985 (42 United States Code, §2021b(9)), or
in the host state statute so long as the waste is not incompatible
with disposal at the Compact Facility.
(14) "Management" means collection, consolidation,
storage, packaging, or treatment.
(15) "Non-party compact waste" means low-level radioactive
waste imported from a state other than a party state as authorized
by §3.05(6) of the Compact.
(16) "Operator" means a person who operates a disposal
facility.
(17) "Party state" means any state that has become
a party in accordance with Article VII of the Compact. Texas and Vermont
are the party states to the Compact.
(18) "Party-state waste" means low-level radioactive
waste generated in a party state.
(19) "Person" means an individual, corporation, partnership,
or other legal entity, whether public or private.
(20) A "small quantity generator" is a generator of
low-level radioactive waste that generates no more than 200 cubic
feet or no more than 100 curies of such waste per year, and does not
include nuclear power generation facilities, electric utilities, or
the United States Department of Defense.
(21) The acronym "TCEQ" means the Texas Commission
on Environmental Quality and any successor entity.
(22) A "transporter" is a person who transports low-level
radioactive waste.
(23) "Waste of international origin" means low-level
radioactive waste that originates outside of the United States or
a territory of the United States, including waste subsequently stored
or processed in the United States.
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