Tex.
Health & Safety Code Section 401.232
Evaluation of Applications; Commission Selection
(a)
The commission shall have prepared by commission personnel or an independent contractor a written evaluation of each administratively complete application in terms of the criteria established under Sections 401.233-401.236.(b)
The commission shall conduct at least one public meeting in the county or counties where a compact waste disposal facility or federal facility waste disposal facility is to be located to receive public comments on the administratively complete applications. The commission shall set the time and place of the meetings as soon as practicable after the close of the period for administrative review of the applications.(c)
The commission may issue a request for further information to each applicant whose application is determined by the commission to be insufficient for the purposes of the commission’s evaluation.(d)
The commission shall provide an applicant for whom a request for further information is issued two 30-day opportunities to adequately respond in the discretion of the commission.(e)
The commission shall use the written evaluations and application materials to evaluate each application according to the statutory criteria established by Sections 401.233-401.236. The commission shall evaluate each application for each statutory criterion for purposes of comparing the relative merit of the applications, giving:(1)
equal weight to each criterion within a tier of criteria; and(2)
the greatest weight to tier 1 criteria, greater weight to tier 2 criteria than to tier 3 criteria, and the least weight to tier 4 criteria.(f)
Before publication of the notice of the commission’s intention to accept applications under Section 401.228 (Notice to Receive Applications), the commission by rule may adopt criteria in addition to the criteria under Sections 401.233-401.236 by which the commission may evaluate applications. The criteria must be consistent with those sections.(g)
Not later than the 270th day after it receives the last timely filed application, the commission, based on the written evaluations and application materials, shall select the application that has the highest comparative merit.(1)
the natural characteristics of the disposal facility site for a proposed disposal facility or facilities;(2)
the adequacy of the proposed facility or facilities and activities to safely isolate, shield, and contain low-level radioactive waste from mankind and mankind’s environment; and(3)
the adequacy of financial assurance related to the proposed activities.(b)
Natural characteristics of the disposal facility site include:(1)
the suitability of the site for the proposed activities, including the site’s:(A)
geological characteristics;(B)
topography, including features relating to erosion;(C)
surface and underground hydrology;(D)
meteorological factors; and(E)
natural hazards;(2)
the compatibility of disposal activities with any uses of land near the site that could affect the natural performance of the site or that could affect monitoring of the disposal facility or facilities and disposal facility site;(3)
the adequacy of plans for the collection of prelicense monitoring data and background monitoring plans for the disposal facility site, including analysis of the ambient conditions of the site and established trends of the site’s natural parameters, including:(A)
natural background radioactivity levels;(B)
radon gas levels;(C)
air particulate levels;(D)
soil characteristics, including chemical characteristics;(E)
surface water and groundwater characteristics; and(F)
flora and fauna at the site;(4)
the possible effects of disposal activities on flora and fauna at or near the site; and(5)
the ease of access to the site.(c)
Adequacy of the proposed disposal facility or facilities and activities includes:(1)
the capability of the proposed facility or facilities and activities to isolate, shield, and contain low-level radioactive waste in conformity with federal standards;(2)
acceptable operational safety; and(3)
acceptable long-term safety as demonstrated by analysis or study.(d)
Financial assurance criteria include:(1)
adequacy of the applicant’s financial qualifications to:(A)
conduct the licensed activities as proposed, including:(i)
any required decontamination, decommissioning, reclamation, or disposal; and(ii)
control and maintenance of the disposal facility site and facility or facilities after the cessation of active operations; and(B)
address any unanticipated extraordinary events that would pose a risk to public health and safety and the environment and that may occur at the disposal facility site after decommissioning and closure of the disposal facility or facilities;(2)
the adequacy of the applicant’s financial assurance in an amount and type acceptable to the commission and adequate to cover potential injury to any property or person;(3)
the adequacy of the applicant’s financial security, as required by commission rules; and(4)
the degree of certainty that the applicant will be able to maintain adequate financial security.(1)
the suitability of facilities at the site that are associated with proposed activities and the adequacy of their engineering and design; and(2)
the suitability of the proposed disposal facility or facilities for the chemical, radiological, and biological characteristics of the low-level radioactive waste as classified under the system established under Section 401.053 (Classification System for Low-level Radioactive Waste).(1)
technical qualifications to receive, store, process, and dispose of low-level radioactive waste;(2)
experience in management and disposal of low-level radioactive waste and other radioactive materials;(3)
previous operating practices in this state and elsewhere, including the practices of a parent, subsidiary, or affiliated entity of the applicant, related to radioactive materials;(4)
record of compliance with environmental statutes, rules, and licenses in this state and in any other jurisdiction, including the records of a parent or subsidiary of the applicant, subject to Section 401.243 (Compliance History);(5)
training programs proposed for its employees whose duties relate to the proposed disposal facility site and activities;(6)
monitoring, recordkeeping, and reporting plans;(7)
low-level radioactive waste spill detection and cleanup plans for the proposed disposal facility site and activities;(8)
decommissioning and postclosure plans;(9)
security plans;(10)
monitoring and protection plans for workers;(11)
emergency plans;(12)
plans for background monitoring during the license period, including analysis of the ambient conditions of the disposal facility site and analysis of established trends of the disposal facility site’s natural parameters, including:(A)
natural background radioactivity levels;(B)
radon gas levels;(C)
air particulate levels;(D)
soil characteristics, including chemical characteristics;(E)
surface water and groundwater characteristics; and(F)
flora and fauna at the site; and(13)
ability to adequately manage the proposed disposal facility or facilities and activities for the term of the license.(1)
the compatibility of uses of land near the proposed disposal facility site that could be affected by the construction and operation of the disposal facility or facilities; and(2)
possible socioeconomic effects on communities in the host county of:(A)
the proposed disposal facility or facilities;(B)
the operation of the proposed disposal facility or facilities; and(C)
related transportation of low-level radioactive waste to the disposal facility or facilities.
Source:
Section 401.232 — Evaluation of Applications; Commission Selection, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.401.htm#401.232 (accessed Jun. 5, 2024).
