Tex. Health & Safety Code Section 401.207
Out-of-state Waste; Nonparty Compact Waste


(a)

The compact waste disposal facility license holder may not accept low-level radioactive waste generated in another state for disposal under a license issued by the commission unless the waste is:

(1)

accepted under a compact to which the state is a contracting party;

(2)

federal facility waste that the license holder is licensed to dispose of under Section 401.216 (Federal Facility Waste Disposal); or

(3)

generated from manufactured sources or devices originating in this state.

(b)

The compact waste disposal facility license holder may accept for disposal at the compact waste disposal facility approved nonparty compact waste that is classified as Class A, Class B, or Class C low-level radioactive waste in accordance with the compact waste disposal facility license to the extent the acceptance does not diminish the disposal volume or curie capacity available to party states. The license holder may not accept any nonparty compact waste for disposal at the facility until the license has been modified by the commission to specifically authorize the disposal of nonparty compact waste.

(c)

The compact waste disposal facility license holder may not accept waste of international origin for disposal at the facility.

(d)

The compact waste disposal facility license holder may not accept for disposal at the compact waste disposal facility nonparty compact waste that does not meet the waste characteristics and waste forms for disposal applicable to compact waste as set forth by the commission in the compact waste disposal facility license. Before the license holder may accept nonparty compact waste for disposal, the commission must certify through a written evaluation that the waste is authorized for disposal under the license. If the disposal is not authorized under the license, the commission must inform the license holder of the license amendments necessary to authorize the disposal.

(d-1)

Beginning September 1, 2015, the compact waste disposal facility license holder may accept nonparty compact waste for disposal at the facility only if:

(1)

the waste has been volume-reduced, if eligible, by at least a factor of three in a manner consistent with this subchapter as provided by commission rule; and

(2)

the compact waste disposal facility license holder collects a surcharge under Subsection (g).

(d-2)

If volume reduction of a low-level radioactive waste stream would result in a change of waste classification to a class higher than Class C, the payment of the fee and compliance with other requirements of Subsection (d-1) do not apply.

(d-3)

The commission may assess an additional fee on a nonparty compact waste generator for failing to comply with the volume reduction requirements established under this section. The fee shall be deposited to the credit of the low-level radioactive waste fund under Section 401.249 (Low-level Radioactive Waste Fund). Fees deposited under this subsection may be transferred and used only to support the operations of the Texas Low-Level Radioactive Waste Disposal Compact Commission under Section 401.251 (Low-level Radioactive Waste Disposal Compact Commission Account).

(e)

The compact waste disposal facility license holder may not collect a fee under this section or enter into a contract for the disposal of nonparty low-level radioactive waste that has been designated as Class A low-level radioactive waste under 10 C.F.R. Section 61.55 and commission rule unless the waste is containerized. The compact waste disposal facility license holder may collect a fee and dispose of:

(1)

not more than the greater of:

(A)

1.167 million curies of nonparty compact waste; or

(B)

an amount of nonparty compact waste equal to 30 percent of the initial licensed capacity of the facility; and

(2)

not more than 275,000 curies of nonparty compact waste in any fiscal year.

(e-1)

The legislature by general law may establish revised limits under Subsection (e) after considering the results of the study under Section 401.208 (Study of Capacity).

(e-2)

The commission’s executive director, on completion of the study under Section 401.208 (Study of Capacity), may prohibit the license holder from accepting any additional nonparty compact waste if the commission determines from the study that the capacity of the facility will be limited, regardless of whether the limit under Subsection (f) has been reached.

(f)

Of the total initial licensed capacity of the compact waste disposal facility:

(1)

not more than 30 percent of the volume and curie capacity shall be for nonparty compact waste; and

(2)

of the remaining capacity, not less than 80 percent of the volume and curie capacity shall be for compact waste generated in the host state and 20 percent of the volume and curie capacity shall be for compact waste generated in Vermont.

(g)

The commission shall assess a surcharge for the disposal of nonparty compact waste at the compact waste disposal facility. The surcharge is 20 percent of the total contracted rate under Section 401.2456 (Contracts for Nonparty Compact Waste Disposal) and must be assessed in addition to the total contracted rate under that section.

(h)

A surcharge collected under Subsection (g) shall be deposited to the credit of the environmental radiation and perpetual care account.

(h-1)

The commission shall conduct a study of the surcharge described by Subsection (g) and, not later than December 1, 2016, shall issue the results of the review to the legislature. The commission shall review the operations and expenses of the compact waste disposal facility license holder and shall require the compact waste disposal facility license holder to provide justification of disposal expenses and historical costs associated with the facility through appropriate evidentiary and empirical records, studies, and other applicable methodologies. The commission shall consider the impact of the surcharge on the overall revenue generated for the state and may request the assistance of the comptroller in conducting the analysis of the impact of the surcharge.

(i)

The Texas Low-Level Radioactive Waste Disposal Compact Commission by rule shall adopt procedures and forms for the approval of the importation of nonparty compact waste.

(j)

An application for the approval of the importation of nonparty compact waste may be submitted to the Texas Low-Level Radioactive Waste Disposal Compact Commission only by the generator of the waste.

(k)

The commission, in coordination with the Texas Low-Level Radioactive Waste Disposal Compact Commission, shall adopt rules establishing criteria and thresholds by which incidental commingling of party state compact waste and waste from other sources at a commercial processing facility is considered and reasonably limited. The criteria and thresholds for commingling under this subsection established by commission rule are binding on any criteria and thresholds that may be established by the Texas Low-Level Radioactive Waste Disposal Compact Commission.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.231, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1367, Sec. 21, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1244 (S.B. 1504), Sec. 2, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1159 (S.B. 347), Sec. 4, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 790 (H.B. 2662), Sec. 1(a), eff. June 15, 2017.
Acts 2017, 85th Leg., R.S., Ch. 790 (H.B. 2662), Sec. 1(b), eff. September 1, 2019.

Source: Section 401.207 — Out-of-state Waste; Nonparty Compact Waste, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­401.­htm#401.­207 (accessed Jun. 5, 2024).

401.001
Policy
401.002
Purpose
401.003
Definitions
401.004
Low-level Radioactive Waste Defined
401.0005
Short Title
401.005
Code of Federal Regulations References
401.011
Radiation Control Agency
401.012
Designation of Director
401.013
Duties of Director
401.014
Employees
401.015
Radiation Advisory Board
401.016
Officers
401.017
Salary
401.018
Meetings
401.019
Advisory Board Duties
401.020
Duty of Agencies with Radiation-related Programs
401.051
Adoption of Rules and Guidelines
401.052
Rules for Transportation and Routing
401.053
Classification System for Low-level Radioactive Waste
401.054
Notice and Hearing
401.055
Orders
401.056
Emergency Orders
401.057
Records
401.058
Information
401.059
Program Development
401.060
Studies, Investigations, Etc
401.061
Low-level Radioactive Waste Studies
401.062
Training Programs
401.063
General Inspection Authority
401.064
Inspection of X-ray Equipment
401.065
Inspection Agreements
401.066
Surveillance Plans
401.067
Local Government Inspections
401.068
Impounding Sources of Radiation
401.069
Memorandum of Understanding
401.070
Relationship with Other Entities
401.071
General Powers of Commission in Relation to Low-level Radioactive Waste
401.072
Disposal or Storage of High-level Radioactive Waste
401.101
License and Registration Requirement
401.102
Application to Nuclear Reactor Facilities
401.103
Rules and Guidelines for Licensing and Registration
401.104
Licensing and Registration Rules
401.105
Recognition of Other Licenses
401.106
Exemption from Licensing or Registration Requirements or from Application of Rule
401.107
License Application
401.108
Financial Qualifications
401.109
Security
401.110
Determination on License
401.111
Criteria for Certain Unsuitable New Sites
401.112
Low-level Radioactive Waste Processing or Disposal License Application and Considerations
401.113
Environmental Analysis
401.114
Notice and Hearing
401.115
Licenses from Other Agencies
401.116
License Amendment
401.117
Construction Limitation
401.118
License Form and Content
401.119
License Transfer
401.0151
Training for Advisory Board Members
401.151
Compatibility with Federal Standards
401.0152
Information About Standards of Conduct
401.152
Corrective Action and Measures
401.0153
Grounds for Removal
401.0181
Public Testimony
401.201
Regulation of Low-level Radioactive Waste Disposal
401.202
Licensing Authority
401.204
Acquisition of Property
401.205
Responsibilities of Persons Licensed to Dispose of Low-level Radioactive Waste
401.206
Resident Inspector
401.207
Out-of-state Waste
401.208
Study of Capacity
401.209
Acquisition and Operation of Low-level Radioactive Waste Disposal Sites
401.210
Transfer Costs of Property
401.211
Liability
401.212
Monitoring, Maintenance, and Emergency Measures
401.213
Interstate Compacts
401.214
Regional Disposal Facility Under Compact
401.215
Acceptance of Low-level Radioactive Waste
401.216
Federal Facility Waste Disposal
401.217
Location of Disposal Facility Site
401.218
Disposal of Certain Waste
401.219
Techniques for Managing Low-level Radioactive Waste
401.220
Design of Facility
401.221
Mixed Waste
401.222
Term of License
401.223
Health Surveillance Survey
401.224
Packaging of Radioactive Waste
401.225
Shipment of Low-level Radioactive Waste
401.226
Improperly Processed or Packaged Low-level Radioactive Waste
401.227
Selection of Application for Compact Waste Disposal Facility License
401.228
Notice to Receive Applications
401.229
Application Processing Fee
401.230
Receipt of Applications
401.231
Administratively Complete Application
401.232
Evaluation of Applications
401.237
Technical Review
401.238
Notice of Draft License and Opportunity for Hearing
401.239
Contested Case
401.240
Judicial Review
401.241
Security
401.242
Acceptance of Waste
401.243
Compliance History
401.244
Host County Public Projects
401.245
Party State Compact Waste Disposal Fees
401.246
Waste Disposal Fee Criteria
401.247
Reasonable and Necessary Expenses
401.248
Limitations on Low-level Radioactive Waste Disposal
401.249
Low-level Radioactive Waste Fund
401.250
Payments by Party States
401.251
Low-level Radioactive Waste Disposal Compact Commission Account
401.261
Subchapter Application
401.262
Management of Certain By-product Material
401.263
Application
401.264
Notice and Hearing
401.265
Conditions of Certain By-product Material Licenses
401.266
Transfer of Land Required
401.267
Acquisition and Sale of Certain By-product Materials and Sites
401.268
Liability
401.269
Monitoring, Maintenance, and Emergency Measures
401.270
Corrective Action and Measures
401.271
State Fee on Radioactive Substances
401.272
Audit Authority
401.301
License and Registration Fees
401.302
Nuclear Reactor and Fixed Nuclear Facility Fee
401.303
Payment for Maintenance, Surveillance, or Other Care
401.304
Acceptance and Administration of Funds
401.305
Radiation and Perpetual Care Account
401.306
Environmental Radiation and Perpetual Care Account
401.307
Perpetual Care Account and Environmental Radiation and Perpetual Care Account Caps
401.341
Judicial Review
401.342
Suit by Attorney General
401.343
Recovery of Security
401.381
General Civil Penalties
401.382
General Criminal Penalty
401.383
Criminal Penalty for Certain Acts Related to Low-level Radioactive Waste
401.384
Administrative Penalty
401.385
Preliminary Report of Violation
401.386
Notice of Preliminary Report
401.387
Consent to Penalty
401.388
Hearing and Decision
401.389
Disposition of Penalty
401.390
Remitting Penalty Payments
401.393
Commission Enforcement
401.412
Commission Licensing Authority
401.413
Commission Disposal License Required
401.414
Memoranda of Understanding
401.415
Oil and Gas Norm Waste
401.421
Definitions
401.422
Certification Required
401.423
Powers and Duties of Executive Commissioner and Department
401.424
Mammography Certification Standards
401.426
Application for Certification
401.427
Certification Renewal
401.428
Denial, Suspension, Revocation, or Reinstatement of Certification
401.429
Certification for Multiple Mammography Systems
401.430
Inspections
401.501
Definitions
401.502
Examination
401.503
Application Process
401.504
Certificate for Individuals Required
401.505
Certified Laser Hair Removal Professional
401.506
Senior Laser Hair Removal Technician
401.507
Laser Hair Removal Technician
401.508
Laser Hair Removal Apprentice-in-training
401.509
Continuing Education
401.510
Facility License Required
401.512
Term of Certificate or License
401.513
Display of License or Certificate
401.514
Laser or Pulsed Light Device
401.515
Customer Notice
401.516
Warning Signs
401.517
Operational Requirements
401.518
Safety
401.519
Consulting Physician
401.520
Disclosure of Record Prohibited
401.521
Prohibited Practice
401.522
Amount of Administrative Penalty
401.0525
Groundwater Protection Standards
401.2005
Definitions
401.2051
Conveyance of Waste
401.2085
Review of Financial Assurance
401.2445
State Fee
401.2455
Interim Party State Compact Waste Disposal Fees
401.2456
Contracts for Nonparty Compact Waste Disposal
401.2625
Licensing Authority
401.5011
General Powers and Duties

Accessed:
Jun. 5, 2024

§ 401.207’s source at texas​.gov