About the TLLRWDCC

About the Texas Low Level Radioactive Waste Compact Commission

Powers & Policy

The Texas Low-Level Radioactive Waste Disposal Compact Commission and its members have the powers and duties prescribed by the compact and the members of the commission are responsible for administering the provisions of the compact. Texas and Vermont are party states of the Compact.

The party states recognize a responsibility for each state to seek to manage low-level radioactive waste generated within its boundaries, pursuant to the Low-Level Radioactive Waste Policy Act, as amended by the Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C. Sections 2021b-2021j). They also recognize that the United States Congress, by enacting the Act, has authorized and encouraged states to enter into compacts for the efficient management and disposal of low-level radioactive waste. It is the policy of the party states to cooperate in the protection of the health, safety, and welfare of their citizens and the environment and to provide for and encourage the economical management and disposal of low-level radioactive waste. It is the purpose of this compact to provide the framework for such a cooperative effort; to promote the health, safety, and welfare of the citizens and the environment of the party states; to limit the number of facilities needed to effectively, efficiently, and economically manage low-level radioactive waste and to encourage the reduction of the generation thereof; and to distribute the costs, benefits, and obligations among the party states; all in accordance with the terms of the compact.

Commissioners

Robert (Bob) C. WIlson, Chair, TX, term expiring September 1, 2017

Milton B. Lee II, Vice Chair, TX, term expiring September 1, 2013

Peter Bradford, VT

The Honorable Richard H. Dolgener, TX, term expiring September 1, 2015

Eric J. Doyal, TX, term expiring September 1, 2013

Linda Morris, TX, term expiring September 1, 2015

John M. Salsman, TX, term expiring September 1, 2017

Richard Saudek, VT

Chair and Vice Chair serve as officers for terms at the pleasure of the Governor.

Alternate Commissioner

Jane O'Meara Sanders, Ph.D. , VT, appointed November 30, 2011, for term ending January 31, 2013

Statutes

FEDERAL STATUTE:

PL 105-236 The U.S. Congress ratified a Compact between Texas, Maine and Vermont for disposal of low-level radioactive waste with the passage of the Compact Consent Act, PL 105-236 in 1998.

STATE STATUTES:

TEXAS Health And Safety Code. Chapter 403. Texas Low-Level Radioactive Waste Disposal Compact. Health And Safety Code. Title 5. Sanitation and Environmental Quality. Subtitle D. Nuclear And Radioactive Materials. Chapter 403. Texas Low-Level Radioactive Waste Disposal Compact

The Texas Low-Level Radioactive Waste Disposal Compact (Texas Compact) was established by the states pursuant to the Low-Level Radioactive Waste Policy Act, PL 96-573 (1980) as amended by the Low-Level Radioactive Waste Policy Amendments Act of 1985 (PL 99-240).

The Texas Compact legislation, SB 1206, became effective August 30, 1993.

VERMONT Vermont Statute: Title 10: Conservation and Development. Chapter 162: Texas Low-Level Radioactive Waste Disposal Compact

Rules

Proposed

None

Adopted

31 TAC Section 675.1 estimating the volume of low level radioactive waste, including decommissioning waste, to be disposed of by Texas in the Compact facility in the years 1995 through 2045

31 TAC Subchapter B Sections 675.21-23 “Exportation and Importation of Waste”including:
§675.21 “Exportation of Waste to a Non-Party State for Disposal,” §675.22 “Exportation of Waste to a Non-Party State for Management or Processing and Return to the Party States for Management or for Disposal in the Compact Facility,” and §675.23 “Importation of Waste from a Non-Compact Generator for Disposal”

Duties

Sec. 3.04. The commission shall:

(1) Compensate its members according to the host state's law.

(2) Conduct its business, hold meetings, and maintain public records pursuant to laws of the host state, except that notice of public meetings shall be given in the nonhost party states in accordance with their respective statutes.

(3) Be located in the capital city of the host state.

(4) Meet at least once a year and upon the call of the chair, or any member. The governor of the host state shall appoint a chair and vice-chair.

(5) Keep an accurate account of all receipts and disbursements. An annual audit of the books of the commission shall be conducted by an independent certified public accountant, and the audit report shall be made a part of the annual report of the commission.

(6) Approve a budget each year and establish a fiscal year that conforms to the fiscal year of the host state.

(7) Prepare, adopt, and implement contingency plans for the disposal and management of low-level radioactive waste in the event that the compact facility should be closed. Any plan which requires the host state to store or otherwise manage the low-level radioactive waste from all the party states must be approved by at least four host state members of the commission. The commission, in a contingency plan or otherwise, may not require a nonhost party state to store low-level radioactive waste generated outside of the state.

(8) Submit communications to the governors and to the presiding officers of the legislatures of the party states regarding the activities of the commission, including an annual report to be submitted on or before January 31 of each year.

(9) Assemble and make available to the party states and to the public information concerning low-level radioactive waste management needs, technologies, and problems.

(10) Keep a current inventory of all generators within the party states, based upon information provided by the party states.

(11) By no later than 180 days after all members of the commission are appointed under Section 3.01 of this article, establish by rule the total volume of low-level radioactive waste that the host state will dispose of in the compact facility in the years 1995-2045, including decommissioning waste. The shipments of low-level radioactive waste from all nonhost party states shall not exceed 20 percent of the volume estimated to be disposed of by the host state during the 50-year period. When averaged over such 50-year period, the total of all shipments from nonhost party states shall not exceed 20,000 cubic feet a year. The commission shall coordinate the volumes, timing, and frequency of shipments from generators in the nonhost party states in order to assure that over the life of this agreement shipments from the nonhost party states do not exceed 20 percent of the volume projected by the commission under this paragraph.

Sec. 3.05. The commission may:

(1) Employ staff necessary to carry out its duties and functions. The commission is authorized to use to the extent practicable the services of existing employees of the party states. Compensation shall be as determined by the commission.

(2) Accept any grants, equipment, supplies, materials, or services, conditional or otherwise, from the federal or state government. The nature, amount, and condition, if any, of any donation, grant, or other resources accepted pursuant to this paragraph and the identity of the donor or grantor shall be detailed in the annual report of the commission.

(3) Enter into contracts to carry out its duties and authority, subject to projected resources. No contract made by the commission shall bind a party state.

(4) Adopt, by a majority vote, bylaws and rules necessary to carry out the terms of this compact. Any rules promulgated by the commission shall be adopted in accordance with Chapter 2001, Government Code.

(5) Sue and be sued and, when authorized by a majority vote of the members, seek to intervene in administrative or judicial proceedings related to this compact.

(6) Enter into an agreement with any person, state, regional body, or group of states for the importation of low-level radioactive waste into the compact for management or disposal, provided that the agreement receives a majority vote of the commission. The commission may adopt such conditions and restrictions in the agreement as it deems advisable.

(7) Upon petition, allow an individual generator, a group of generators, or the host state of the compact to export low-level radioactive waste to a low-level radioactive waste disposal facility located outside the party states. The commission may approve the petition only by a majority vote of its members. The permission to export low-level radioactive waste shall be effective for that period of time and for the specified amount of low-level radioactive waste, and subject to any other term or condition, as is determined by the commission.

(8) Monitor the exportation outside of the party states of material which otherwise meets the criteria of low-level radioactive waste, where the sole purpose of the exportation is to manage or process the material for recycling or waste reduction and return it to the party states for disposal in the compact facility.