Texas Commission on Environmental Quality

1. Texas Commission on Environmental Quality Low-Level Radioactive Waste Disposal Rules Stakeholder Meeting Friday, July 18, 2003 - Austin, Texas

2. Purpose and Anticipated Outcomes of Today’s Meeting  Purpose: To bring a diverse group of stakeholders to a common understanding of the statutory and regulatory issues related to the low-level radioactive waste regulatory process in Texas.  Anticipated Outcomes: - A common understanding of the statutory requirements related to low-level radioactive waste disposal (House Bill 1567);

3. Anticipated Outcomes of Today’s Meeting Anticipated Outcomes (cont): • A common understanding of the TCEQ rulemaking process, schedule, and content related to low-level radioactive waste disposal; • A common understanding of when to provide comments to low-level radioactive waste disposal rulemaking; and • A common understanding of low-level radioactive waste disposal licensing process.

4. Statutory Requirements • The passage of House Bill 1567 marks a policy change in Texas statutory provisions regarding low-level radioactive waste disposal.  Key changes for disposal concept: • Disposal Privatization • Receptivity of disposing federal facility waste • Fees on waste received at a Texas facility deposited in state’s general revenue

5. Statutory Requirements Today, Texas, Maine, & Vermont remain in an interstate compact for LLRW  Texas is the host state for a permanent repository for LLRW generated within the Texas Compact  A region of West Texas, rather than a specific county, has been identified for potential siting by any private venture

6. Statutory Criteria for Disposal Siting Possible Counties for Siting Identified Using 20-inch Rainfall, 62 miles from Mexico, & Selected River Segments

7. Statutory Directives on Licensing Any private venture can apply for a license during an open 30-day period and participate in a competitive selection process The successful private company may also accept a designated volume of federal facility waste, including mixed waste, at a dedicated portion of the site once the Texas Compact facility is opened

8. Statutory Directives on Process Readiness to Accept Applications – January 1, 2004 give notice to the secretary of state for applications to be accepted in 180 days • Processing Applications • Administrative Review Requirements • Comparative Review Requirements • Technical Review Requirements

9. Specific Compact Issues Withdrawal of the State of Maine from the Texas Compact to take effect April 2004 The first Compact payments from Maine and Vermont to be collected by November 1, 2003 The Texas Compact Commission has not yet been formed

10. The Rulemaking Process  Standard Rulemaking Process  Proposed Rulemaking Schedule • July 18, 2003 – Stakeholders Meeting • August 6, 2003 – Draft initial rulemaking on low-level radioactive waste disposal planned to be proposed • December 3, 2003 - Final initial rulemaking on low-level radioactive waste disposal planned to be adopted Other required rulemaking to be initiated after January 1, 2004 milestone

11. Schedule for Public Involvement  August 6, 2003 @ TCEQ • Open Commissioners’ agenda on rulemaking proposal  August 22-September 22, 2004 • Commission taking public comment on proposed rulemaking  September 16, 2003 @ TCEQ - 1:30 p.m. • Public Hearing in Building E, Room 201S December 3, 2003 @ TCEQ • Open Commissioners’ agenda on rulemaking adoption

12. Receiving Input The Texas Commission on Environmental Quality is committed to dedicating necessary resources to this project in light of our mission to protect public health and safety and the environment • Stakeholders’ input is important to us! • Ad Hoc Stakeholders meeting in July 2003 • Written and oral public comment taken in September 2003 • U.S. NRC and TRAB review and comments • TCEQ Commissioners’ agenda meeting in August 2003 and December 2003 are public

13. Proposed Rulemaking Rulemaking in the following Chapters: • Chapter 37 - Financial Assurance for Near-Surface Land Disposal of Low-Level Radioactive Waste • Chapter 39 - Public Notice • Chapter 305 - Consolidated Permits • Chapter 336 - Radioactive Substance Rules

14. TAC Rulemaking Content • Rulemaking Content Required By Texas Statute • Rulemaking Content Required By Federal Standards

15. Licensing Process Process / Scope Regulatory References: • House Bill 1567, 78th Texas Legislature • 30 TAC 336 (Radioactive Material Licensing) • 30 TAC 281 (Application Processing for Technical Review) • 10 CFR 61.7 Concepts General Regulatory Issues Core Licensing Team

16. Statutory Milestones for Licensing Activities April 2005 –Selection of most meritorious application January 1, 2004 - Publish Notice for Potential Applicants June 2004 – Begin accepting applications for 30-day period July 2004 – End of 30-day period for applications 270 days 180 days 30 days July 2004 – Review for administrative deficiencies Sept. 2004 –Administrative notice responses and review March 2005 – Public meetings in potential host counties 45 days 180 days April 2005 - Technical Review of Selected Application July 2006 – Publish Draft License and Hearing Notice Dec. 2007– TCEQ Commissioners Issue License or Denial Sept. 2006 – Administrative Hearing Proceedings Sept. 2007– Proposal for Decision Issued 450 days 45 days 365 days 90 days

17. Updates and Documents State of Texas Web Site • http://www.capitol.state.tx.us/tlo/billsrch/criteria.htmlDownload Text of Legislation TCEQ Web Sites • http://www.tceq.state.tx.us/index.htmlMain agency web site • http://www.tnrcc.state.tx.us/permitting/wasteperm/ stakeholdergroup/llrw.html Site Dedicated to Low-Level Radioactive Waste Disposal Issues

18. Susan Jablonski Texas Commission on Environmental Quality LLRW Specialist (512) 239-6731 sjablons@tceq.state.tx.us Contact for Questions