The Wise Report

 
The Wise Report
Henry M. Wise, P.G.
September 9, 2007
 
The Texas Commission on Environmental Quality (TCEQ) has proposed changes to their radiation control rules. The primary purpose of the proposed rules is to implement Senate Bill (SB) 1604, 80th Legislature, 2007, and its amendments to Texas Health and Safety Code (THSC), Chapter 401 (also known as the Texas Radiation Control Act (TRCA)). The bill transfers responsibilities for the regulation and licensing of source material recovery, by-product disposal, and commercial radioactive substances storage and processing from the Texas Department of State Health Services (TDSHS) to the TCEQ. This proposed rulemaking intends to transfer the technical requirements for these programs from the department''s rules in 25 TAC §289.254 and §289.260 into new subchapters of the commission''s radioactive substantive rules in Chapter 336. While the technical requirements remain the same, these new commission programs will be integrated into and administered under the commission''s existing radioactive material program requirements for application processing, public notice, public participation, licensing fees, financial assurance, and enforcement. The proposed amendments to Chapter 37 establish the financial assurance requirements for licenses for uranium recovery, by-product disposal, and radioactive substances storage and processing. The TCEQ proposes that the existing financial assurance requirements of Subchapter T of Chapter 37 be used for the licensing programs subject to the transfer of jurisdiction in SB 1604. SB 1604 also establishes a new state fee for disposal of radioactive substances and amends underground injection control requirements for uranium mining. The TCEQ intends to address the new requirements in separate rulemaking actions.  For more information go to:  http://www.sos.state.tx.us/texreg/sos/PROPOSED/30.ENVIRONMENTAL%20QUALITY.html#516
Henry M. Wise, P.G.
The Wise Report
9/9/2007