Sec. 401.208. STUDY OF CAPACITY. (a) At least once every four years, the commission shall conduct a study on the available volume and curie capacity of the compact waste disposal facility for the disposal of party state compact waste and nonparty compact waste.
(a-1) In order to conduct the study under this section, the commission may require a generator of low-level radioactive waste to provide annually:
(1) information reasonably necessary to evaluate the adequacy of the capacity of the compact waste disposal facility as accurately as possible, including the amount in volume and curies that the generator intends to export or dispose of at a facility other than the compact waste disposal facility;
(2) the amount in volume and curies of low-level radioactive waste that was stored on-site at the generator's facility in the preceding year; and
(3) the length of time waste was stored at the generator's facility.
(b) The commission shall consider and make recommendations regarding:
(1) the future volume and curie capacity needs of party state and nonparty state generators and any additional reserved capacity necessary to meet those needs;
(2) the calculation of radioactive decay related to the compact waste disposal facility and radiation dose assessments based on the curie capacity;
(3) the necessity of containerization of the waste;
(4) the effects of the projected volume and radioactivity of the waste on the health and safety of the public; and
(5) the costs and benefits of volume reduction and stabilized waste forms.
(c) The commission shall submit a final report of the results of the study to the standing committees of the senate and the house of representatives with jurisdiction over the disposal of low-level radioactive waste.
(d) The Texas Low-Level Radioactive Waste Disposal Compact Commission shall use the study to anticipate the future capacity needs of the compact waste disposal facility.
(e) The commission may conduct a study described by Subsection (a) at any time if the commission determines that a study is necessary.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1244 (S.B. 1504), Sec. 3, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1159 (S.B. 347), Sec. 5, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 790 (H.B. 2662), Sec. 2, eff. June 15, 2017.
Structure Texas Statutes
Title 5 - Sanitation and Environmental Quality
Subtitle D - Nuclear and Radioactive Materials
Chapter 401 - Radioactive Materials and Other Sources of Radiation
Subchapter F. Special Provisions Concerning Low-Level Radioactive Waste Disposal
Section 401.201. Regulation of Low-Level Radioactive Waste Disposal
Section 401.202. Licensing Authority
Section 401.204. Acquisition of Property
Section 401.205. Responsibilities of Persons Licensed to Dispose of Low-Level Radioactive Waste
Section 401.2051. Conveyance of Waste
Section 401.206. Resident Inspector
Section 401.207. Out-of-State Waste; Nonparty Compact Waste
Section 401.208. Study of Capacity
Section 401.2085. Review of Financial Assurance
Section 401.209. Acquisition and Operation of Low-Level Radioactive Waste Disposal Sites
Section 401.210. Transfer Costs of Property
Section 401.212. Monitoring, Maintenance, and Emergency Measures
Section 401.213. Interstate Compacts
Section 401.215. Acceptance of Low-Level Radioactive Waste
Section 401.216. Federal Facility Waste Disposal
Section 401.217. Location of Disposal Facility Site
Section 401.218. Disposal of Certain Waste
Section 401.219. Techniques for Managing Low-Level Radioactive Waste
Section 401.220. Design of Facility
Section 401.222. Term of License
Section 401.223. Health Surveillance Survey
Section 401.224. Packaging of Radioactive Waste
Section 401.225. Shipment of Low-Level Radioactive Waste
Section 401.226. Improperly Processed or Packaged Low-Level Radioactive Waste
Section 401.227. Selection of Application for Compact Waste Disposal Facility License
Section 401.228. Notice to Receive Applications
Section 401.229. Application Processing Fee
Section 401.230. Receipt of Applications
Section 401.231. Administratively Complete Application
Section 401.232. Evaluation of Applications; Commission Selection
Section 401.233. Tier 1 Criteria
Section 401.234. Tier 2 Criteria
Section 401.235. Tier 3 Criteria
Section 401.236. Tier 4 Criteria
Section 401.237. Technical Review
Section 401.238. Notice of Draft License and Opportunity for Hearing
Section 401.239. Contested Case; Final Action on Application
Section 401.240. Judicial Review
Section 401.242. Acceptance of Waste
Section 401.243. Compliance History
Section 401.244. Host County Public Projects
Section 401.245. Party State Compact Waste Disposal Fees
Section 401.2455. Interim Party State Compact Waste Disposal Fees
Section 401.2456. Contracts for Nonparty Compact Waste Disposal
Section 401.246. Waste Disposal Fee Criteria
Section 401.247. Reasonable and Necessary Expenses
Section 401.248. Limitations on Low-Level Radioactive Waste Disposal
Section 401.249. Low-Level Radioactive Waste Fund
Section 401.250. Payments by Party States
Section 401.251. Low-Level Radioactive Waste Disposal Compact Commission Account