TITLE 31. NATURAL RESOURCES AND CONSERVATION
PART 21. TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT COMMISSION
CHAPTER 675. OPERATIONAL RULES
SUBCHAPTER
B.
The Texas Low-Level Radioactive Waste Disposal Compact Commission (TLLRWDCC or Commission) proposes to amend 31 Texas Administrative Code §675.20, concerning Definitions, and §675.23, concerning Exportation and Importation of Waste.
SECTION-BY-SECTION ANALYSIS. Amendments to §675.20 define the term "small quantity generator." Amendments to §675.23 remove requirements for import applicants to provide a paper copy to the waste disposal site operator and the Texas Commission on Environmental Quality while clarifying for the allowance of notification electronically through the TLLRWDCC portal, and add a requirement for waste processors to comply with the section.
The Commission proposes the rules to implement and fulfill its responsibilities under 42 United States Code §§2021(b) - 2021(j) which allows the Commission to "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. 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."
The rules also implement and comply with Texas Health and Safety Code §403.006 ("the Texas Low-Level Radioactive Waste Disposal Compact" or "the Compact") §3.04(7), which requires the Commission to 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, and Compact §3.05(7), which requires the Commission, upon petition, to 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 has determined that it is in the public interest that the Commission provide an approval process for the exportation and importation of low-level radioactive waste and that the Commission adopt updated definitions to facilitate this process.
FISCAL NOTE ON STATE AND LOCAL GOVERNMENTS. Stephen Raines, the Commission's Executive Director, has determined that, for the first five-year period the proposed rules are in effect, no fiscal implications are anticipated for the Commission or for units of state or local government because of the administration or enforcement of the proposed rules.
PUBLIC BENEFIT/COST NOTE. Mr. Raines has also determined, for each year of the first five years the proposed rules would be in effect if adopted, the public benefit anticipated from the changes seen in the proposed rules will be improved clarity and efficiency with respect to the management, importation, and exportation of low-level radioactive waste in Texas, the Compact's host state. By updating the definition of "small quantity generator" and the procedures under §675.23, the proposed Commission rules benefit Texas, the Compact's host state, and the public by ensuring a safe and regulated process for waste management. Mr. Raines further has determined there will be no probable economic cost to businesses and individuals required to comply with the rule because no additional burden or requirement on businesses or individuals are added. The amended rules impose no additional reporting requirements.
IMPACT ON LOCAL EMPLOYMENT OR ECONOMY. There is no effect on local economy for the first five years that the proposed amendments are in effect because the rules concern activities of only parties involved in the importation, exportation, and disposal of low-level radioactive waste. Therefore, no economic impact statement, local employment impact statement, nor regulatory flexibility analysis is required under Texas Government Code §§2001.022 or 2001.024(a)(6).
COST TO REGULATED PERSONS (COST-IN/COST-OUT). This rule proposal is exempt from the requirements of Texas Government Code §2001.0045 because under subsection (c)(6), the rules are necessary to protect the health, safety, and welfare of the residents of the state; the proposal is also exempt under subsection (c)(9) because the rules implement a legislative requirement. In any case, as described above in the public benefit and cost note, the proposed amendments do not impose a cost on regulated persons under Government Code §2001.024, including another state agency, a special district, or a local government.
ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES. The Commission has determined the proposed rules will not have an adverse economic impact on small businesses, microbusinesses, or rural communities because of implementing these amendments; therefore, a regulatory flexibility analysis, as specified in Texas Government Code §2006.002, is not required.
GOVERNMENT GROWTH IMPACT STATEMENT. In compliance with Texas Government Code §2001.0221, the agency has prepared a government growth impact statement. During the first five years the proposed rule is in effect, these proposed amendments:
1. will not create or eliminate a government program;
2. will not result in an increase or decrease in the number of agency employees;
3. will not require an increase or decrease in future legislative appropriations to the agency because there are no costs associated with the rule;
4. will not lead to an increase or decrease in fees paid to a state agency because the rule does not involve fees;
5. will not create a new regulation except to waste processors as well as brokers.
6. will not repeal an existing regulation;
7. will not result in an increase or decrease in the number of individuals subject to the rule because it concerns the one waste disposal facility in Texas, which already is subject to the rule as it currently reads; and
8. will not positively or adversely affect the state's economy because it involves no fiscal requirements, but instead provides clear definitions and updated procedures for the importation and exportation of low-level radioactive waste.
ENVIRONMENTAL REGULATORY ANALYSIS. The Commission has determined the proposed rules are not "major environmental rules" as defined by Texas Government Code, §2001.0225 and are not subject to its requirements.
TAKINGS STATEMENT. The Commission has concluded the proposed rules do not restrict or limit an owner's right to his or her real property that would otherwise exist in the absence of this action.
SUBMITTAL OF COMMENTS. Written comments may be submitted to Stephen Raines, Executive Director, 1502 West Avenue, Austin, Texas 78701, or, by electronic mail to comments@tllrwdcc.org. All comments should reference "Rules." The Comment period closes on June 10,2026. Copies of the proposed rulemaking can be obtained from the Commission's website at http://www.tllrwdcc.org/rules/. For further information, please contact Stephen Raines, Executive Director, (512) 350-6241.
STATUTORY AUTHORITY. The rules are proposed under the authority granted in §3.05(4) of the Compact, which authorizes the Commission to adopt, by a majority vote, bylaws and rules necessary to carry out the terms of the Compact. The proposed rules implement §3.04(7) and §3.05(7) and (8) of the Compact as set out at Tex. Health & Safety Code §403.006.
§675.20.
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) The term "Commission," where used in this subchapter, means the Texas Low-Level Radioactive Waste Disposal Compact Commission established by the Texas Low-Level Radioactive Waste Disposal Compact.
(2) The term "Compact" refers to the agreement between the State of Texas and the State of Vermont to which Congress consented in Public Law 105-236, enacted September 20, 1998. The text of the Compact can be found in Texas Health and Safety Code, §403.006 and Vermont Statutes Annotated Title 10, §7069.
(3) The terms "Compact Facility" and "Facility" mean any site, location, structure, or property located in and provided by the host state for the purpose of disposal of low-level radioactive waste for which the party states are responsible.
(4) "Compact waste" means low-level radioactive waste that:
(A) is originally generated onsite in a host state or a party state; or
(B) is not generated in a host state or a party state but has been approved for importation into this state by the Commission under §3.05 of the Compact.
(5) "Contingency event" is one that causes a disruption of the normal operation of the Compact Waste Facility.
(6) The word "days" shall mean calendar days unless the rule in which it is used specifies otherwise.
(7) "Disposal" means the permanent isolation of low-level radioactive waste pursuant to requirements established by the United States Nuclear Regulatory Commission and the United States Environmental Protection Agency under applicable laws, or by the host state.
(8) "Exigent event" means a sudden, unexpected occurrence, requiring interim or immediate action to prevent, minimize, or mitigate, risk of loss of life, damage to property, or disruption of essential public services, or other circumstances as the Commission finds require interim or immediate action by the Commission.
(9) The term "generate," when used in relation to low-level radioactive waste, means to produce low-level radioactive waste.
(10) The term "generator" means a person who produces or processes low-level radioactive waste in the course of its activities, excluding persons who arrange for the collection, transportation, management, treatment, storage, or disposal of waste generated outside the party states, unless approved by the Commission. For purposes of this subchapter, the identity of a "generator" shall be determined in accordance with the following:
(A) For low-level radioactive waste acquired on or after April 27, 2012, and that is not of international origin:
(i) if a licensed manufacturer of sealed sources or devices chooses to accept from a customer a sealed source or device that it (or an entity that it acquired) manufactured, the manufacturer may declare that it is the generator when that source or device is disposed;
(ii) if a licensed manufacturer of sealed sources or devices accepts from a customer a sealed source or device manufactured by another entity, the customer will be considered the generator of the source or device when it is disposed;
(iii) if a licensed initial distributor of radioactive sealed sources or devices chooses to accept from a customer a sealed source or device that it distributed, the initial distributor may declare that it is the generator of that source or device when it is disposed;
(iv) if a licensed initial distributor of radioactive sealed sources or devices chooses to accept from a customer a sealed source or device that the distributor did not distribute, the customer will be considered the generator of the source or device when it is disposed;
(v) if a licensed distributor other than the initial distributor of the radioactive sealed sources or devices chooses to accept from a customer a sealed source or device, the customer will be considered the generator of that source or device when it is disposed;
(vi) if a licensed waste broker or waste processor chooses to accept radioactive materials from any customer, the customer will be considered the generator of those materials when they are disposed; and
(vii) when a licensed decontamination service provider provides decontamination services to any customer, the customer will be considered the generator of any waste generated by the provision of the decontamination service.
(B) A waste broker, waste processor, initial distributor, other distributor, decontamination service provider, or licensed manufacturer of sealed sources or devices who received radioactive materials from a customer before April 27, 2012 may complete TCEQ Form 20225 as the generator of that waste if it provides adequate documentation that the waste is not of international origin. Such waste may only be disposed of in the Compact Facility as party-state (in-compact) waste if the entity acting as the generator of the waste provides adequate documentation that the waste is from Texas or Vermont. If the entity acting as the generator of the waste cannot adequately document that the waste is from Texas or Vermont, the waste will be treated as non-party-state (out-of-compact) waste and will require import authorization in accordance with §675.23 of this title (relating to Importation of Waste from a Non-Party Generator for Disposal). To provide the documentation described in this subparagraph, the entity acting as the generator of the waste may rely on various records, including, but not limited to, source/device leak tests, source/device inventories, transfer/receipt records, transportation manifests, purchasing records, or other records determined by the Commission to be suitable as documentation regarding the origin of the waste.
(C) If the customer of a waste broker, waste processor, initial distributor, other distributor, decontamination service provider, or licensed manufacturer of sealed sources or devices is considered the generator of waste under subparagraph (A) of this paragraph, the waste may not be disposed of in the Compact Facility unless the customer is a public, private or governmental entity located in the United States or a territory of the United States. The waste will be considered party-state waste (in-compact) only if the customer is located in Texas or Vermont; if the customer is located in any other state or territory of the United States, the waste will be considered non-party state waste (out-of-compact).
(D) If a licensed user, initial distributor, or manufacturer of sealed sources or devices is a generator of waste, that waste may be disposed of in the Compact Facility only if the generator is a public, private or governmental entity located in the United States.
(11) "Host county" means a county in the host state in which a disposal facility is located or is being developed.
(12) "Host state" means a party state in which a Compact Facility is located or is being developed. The state of Texas is the host state under the Compact.
(13) "Low-level radioactive waste" has the same meaning as that term is defined in Section 2(9) of the Low-Level Radioactive Waste Policy Act, as amended by the Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 United States Code, §2021b(9)), or in the host state statute so long as the waste is not incompatible with disposal at the Compact Facility.
(14) "Management" means collection, consolidation, storage, packaging, or treatment.
(15) "Non-party compact waste" means low-level radioactive waste imported from a state other than a party state as authorized by §3.05(6) of the Compact.
(16) "Operator" means a person who operates a disposal facility.
(17) "Party state" means any state that has become a party in accordance with Article VII of the Compact. Texas and Vermont are the party states to the Compact.
(18) "Party-state waste" means low-level radioactive waste generated in a party state.
(19) "Person" means an individual, corporation, partnership, or other legal entity, whether public or private.
(20)
A “small quantity generator” is a generator of low-level radioactive waste that generates no more than 75 [200] cubic feet or no more than 100 curies of such waste per year, and does not include nuclear fuel cycle facilities, nuclear power generation facilities, [electric utilities,] or the United States Department of Defense.
(21) The acronym "TCEQ" means the Texas Commission on Environmental Quality and any successor entity.
(22) A "transporter" is a person who transports low-level radioactive waste.
(23) "Waste of international origin" means low-level radioactive waste that originates outside of the United States or a territory of the United States, including waste subsequently stored or processed in the United States.
§675.23.
(a) It is the policy of the Commission to:
(1) promote the health, safety, and welfare of the citizens and the environment of Texas and Vermont;
(2) limit the number of facilities needed to effectively, efficiently, and economically manage low-level radioactive waste;
(3) distribute the costs, benefits, and obligations among the party states; and
(4) refuse to allow the importation of low-level radioactive waste of international origin for disposal at the Compact Facility.
(b) Vermont's disposal capacity reserve is 20% of the Compact Facility maximum volume as stated in the Compact, and this capacity shall not be reduced by non-party waste. The Commission will utilize the volumetric and curie limits set out in Texas Health and Safety Code (THSC), §401.207, as guidelines with respect to authorizing the importation of waste.
(c) If any state other than Texas or Vermont becomes a member of the Compact in accordance with Article VII of the Compact, the waste from that state or states shall be deposited in space reserved for non-party compact waste, to the extent such space is available at the time the waste is to be deposited; in no event shall waste from that state be deposited in space reserved for waste generated in Texas or Vermont.
(d) Agreement Required. No person shall import any low-level radioactive waste for disposal that was generated in a non-party state unless the Commission has entered into an agreement for the importation of that waste pursuant to this section. No radioactive waste of international origin shall be imported into the Compact Facility for disposal. Violations of this subsection may result in prohibiting the violator from disposing of low-level radioactive waste in the Compact Facility, or in the imposition of penalty surcharges on shipments to the facility, as determined by the Commission.
(e) Form of Import Application and Terms of Import Agreement. Annex A in paragraph (1) of this subsection sets out the form that must be completed by an applicant to import low-level radioactive waste. The form will also be posted on the Commission's website and may contain minor modifications. The act of submitting an application means that the applicant is willing to enter into an agreement with the Commission containing at a minimum the terms set forth in the Term Sheet which is Annex B in paragraph (2) of this subsection.
(1) Annex A.
Figure: 31 TAC §675.23(e)(1) (No change.)
(2) Annex B.
Figure: 31 TAC §675.23(e)(2) (No change.)
(f)
Submission of an Application for an Import Agreement. A person who is a generator, a waste processor acting on behalf of one or more generators, a broker acting on behalf of one or more small quantity generators, or an authorized representative of the Department of Defense shall submit an application to the Commission by electronic mail; or through the Commission online portal; [an additional copy of the application must also be sent to the Commission through the United Parcel Service (UPS) or FedEx delivery service.] The applicant may not ship any waste for disposal under the importation agreement sought until the Commission has formally elected to enter into an agreement with the applicant and both parties have executed the agreement. In addition, the applicant shall:
(1) certify that the waste acceptance criteria promulgated by the Texas Commission on Environmental Quality (TCEQ) will be met for the proposed waste importation; and
(2)
deliver to the Compact Facility Operator and TCEQ a copy of the application (and any supplements or amendments thereto) by electronic mail or through the Commission online portal at the same time the applicant submits the application to the Commission. [The applicant must also send a hard copy of the application to the Compact Facility Operator and TCEQ through the UPS or FedEx delivery service.]
(g) Notice of Applications for Import Agreements. All applications for import agreements will be posted to the Commission's website within five business days of their submission.
(h) Comments on Applications for Import Agreements. Any person may submit comments on an application for an import agreement by electronic mail or through the Commission online portal through the comments section or by use of the UPS or FedEx delivery service after the application is posted on the Commission's website. The Commission will consider all comments received at least one week before the meeting at which it considers action on the application. The Commission may, but shall not be bound to, consider comments submitted less than one week before such a meeting.
(i) Review of Applications for Import Agreements. The Commission, a committee of the Commission, or other persons employed or retained by the Commission shall, after the posting of the application for an import agreement on the Commission's website, review the application for an import agreement utilizing the following factors:
(1) The volume, type, physical form, and total radioactivity of the waste proposed for importation;
(2) The policy and purpose of the Compact, as set out in Public Law 105-236, a federal law known as the "Texas Low-Level Radioactive Waste Disposal Compact Consent Act"; in THSC, §403.006, the Texas Low-Level Radioactive Waste Disposal Compact; and 10 V.S.A. §7069, the Texas Low-Level Radioactive Waste Disposal Compact;
(3) The economic impact, including both potential benefits and liabilities, on the host county, the host state, other party states, the in-compact generators, and the Compact Facility Operator of entering into the import agreement;
(4) Whether the Compact Facility Operator has obtained authorization from TCEQ to dispose of the proposed waste;
(5) The effect of the Commission's approval of the proposed import agreement on the Compact Facility's total annual volume;
(6) The existence of unresolved violations associated with radioactive waste receipt, storage, handling, management, processing, or transportation pending against the applicant with any other regulatory agency with jurisdiction to regulate radioactive material, and any comments by the regulatory agency with which the applicant has unresolved violations;
(7) Any unresolved violation, complaint, unpaid fees, or past due report that the applicant has with the Commission;
(8) Any relevant comments received from any person;
(9) The generator of the waste and any necessary authorization of an applicant to export;
(10) The projected effect on the rates to be charged for disposal of party-state compact waste;
(11) Whether by acceptance of the waste for disposal, the Compact Facility will remain below the applicable annual and total volume and curie capacity disposal limits set forth in THSC, §401.207;
(12) To the extent applicable, compliance with the rules related to commingling adopted by TCEQ in coordination with the Commission pursuant to THSC, §401.207(k); and
(13) Any other factor the Commission deems relevant to carry out the policy and purpose of the Compact.
(j) Decision by the Commission. No earlier than 35 days after an application is posted and no later than 100 days after it is received, the Commission shall take one of the following actions on the application for a proposed importation agreement, in whole or in part: approve the proposed agreement; deny the proposed agreement; approve the proposed agreement subject to terms and conditions as determined by the Commission; or request additional information needed for a decision. The Commission's decision to approve in whole or in part, deny, or approve subject to terms and conditions is final without the filing of a motion for rehearing. However, after the Commission has acted on an applicant's proposed importation agreement, an applicant immediately may file another application. The Commission may deny an application for any of the following reasons:
(1) Lack of current or anticipated capacity beyond that required by party-state generators;
(2) The waste destined for the facility is not in accord with the license issued by TCEQ to the Compact Facility;
(3) The shipment potentially contains waste of international origin as defined in THSC, §401.2005(9); or
(4) Any other relevant issue.
(k) Terms and Conditions. The Commission may include any terms or conditions in the import agreement reasonably related to furthering the policy and purpose of the Compact including, but not limited to, the policies referenced in subsection (a) of this section.
(l) Importation Agreement Duration, Amendment, Revocation, Indemnification, Reporting, and Assignment.
(1) An importation agreement shall remain in effect for the term specified in the agreement, which term shall end on August 31 of the fiscal year for which the agreement is approved. The importation agreement shall remain in effect as approved unless amended by agreement of the Commission and the applicant, or revoked by the Commission prior to importation. A condition of every importation agreement shall be that any generator of low-level radioactive waste must agree to comply with §8.03 of the Compact. In addition, every importation agreement approved by the Commission shall include a condition requiring the Compact Facility Operator to receive written certification from the TCEQ that the waste is authorized for disposal under the license prior to the acceptance of waste under the importation agreement.
(2) The Commission may revoke or amend an agreement on its own motion or in response to an application by the agreement holder. When the Commission amends an importation agreement on its own motion, it may provide a reasonable time to allow the agreement holder and the Compact Facility Operator to make the changes necessary to comply with any additional requirements imposed by the Commission. No imports shall be allowed under any amended agreement for the importation of waste until:
(A) the amendment to the importation agreement has been executed by both the Commission and the agreement holder; and
(B) the agreement holder has made any changes necessary to comply with additional requirements imposed by the Commission.
(3) The Commission's Chair or his or her delegate may review applications for minor amendments and, in consultation with a committee of the Commission or other persons employed by or retained by the Commission for the purpose, may approve them without a vote of the entire Commission, although the Chair or his or her delegate has the discretion to refer the application for the amendment to the full Commission for a decision. The following changes are considered to be minor amendments: inclusion of additional compacts or unaffiliated states, territories, possessions, or districts of the United States from which waste will be shipped; inclusion of an additional waste stream; a change in waste form; and inclusion of an additional type of generator. If the holder of an importation agreement seeks to add points of origin of the waste to be disposed of in the Compact Facility, the agreement holder must also provide export authorization, as necessary, from a compact to which the state being added is a party. The Commission will not treat an application for amendment as a request for a minor amendment simply because the applicant has described the amendment as "minor." If the Chair or his or her delegate, in consultation with a committee of the Commission or other persons employed by or retained by the Commission for the purpose, decides that an application purporting to be an application for a minor amendment is actually an application for a major amendment, the Commission will return the application to the applicant who may resubmit the application as an application for a major amendment.
(4) Notice of Applications for Amendments to Import Agreements. All applications for amendments to import agreements, including applications for minor amendments, shall be posted to the Commission's website within five business days of their submission.
(5) Commission Decisions on Applications for Amendments to Import Agreements. If an application is for a minor amendment, neither the Chair nor his or her delegate will act on the application before the 15th calendar day after the posting of the application for amendment. The Commission will act on applications for major amendments in the same manner that it acts on original applications for import agreements and within the same time period. An import agreement is not assignable or transferable to any other person. The Commission's action, or that of the Chair or his or her delegate, on an application for amendment to an import agreement is final without the filing of a motion for rehearing.
(m) The Compact Facility Operator shall file with the Commission a Quarterly Import Report, no later than 30 days after the end of each calendar quarter, describing the imported waste that was disposed and stored under the import agreement during the quarter by the Compact Facility. Each Quarterly Import Report will provide the identity of the generator, the manifested volume and activity of each imported class of waste (A, B, and C), the state or United States Territory of origin, and the date(s) of waste disposal. The Quarterly Report shall provide this information for the imported waste disposed of during the most recent quarter, as well as the cumulative information for imported waste disposed of in prior quarters under this Agreement. The Commission shall publish quarterly on its website a report derived from the information provided to it by the Compact Facility Operator as well as from the TCEQ.
(n) Small Quantity Generators. A small quantity generator may use a broker to file import applications and proposed agreements with the Commission on its behalf. Such applications and proposed agreements shall comply in all respects with this section.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 4, 2026.
TRD-202601902
Stephen Raines
Executive Director
Texas Low-Level Radioactive Waste Disposal Compact Commission
Earliest possible date of adoption: June 14, 2026
For further information, please call: (737) 300-2154