The Wise Report

The Wise Report

Henry M. Wise, P.G.

February 25, 2008

The Texas Commission on Environmental Quality (TCEQ) has withdrawn the proposed amendments to §37.9001, pertaining to financial assurance for onsite disposal of radioactive substances, which appeared in the September 7, 2007, issue of the Texas Register (32 TexReg 6045). For more information go to:  http://www.sos.state.tx.us/texreg/archive/September72007/PROPOSED/30.ENVIRONMENTAL%20QUALITY.html#519

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The TCEQ has also withdrawn the proposed amendments to §§37.9030, 37.9035, 37.9040, and 37.9045 pertaining to financial assurance for radioactive substances, which appeared in the September 7, 2007, issue of the Texas Register (30 TexReg 6045). For more information go to:  http://www.sos.state.tx.us/texreg/archive/September72007/PROPOSED/30.ENVIRONMENTAL%20QUALITY.html#522

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The TCEQ adopts amendments to §§39.702, 39.703, 39.707, and 39.709.

Sections 39.703 and 39.709 are adopted with changes to the text and will be republished. Sections 39.702 and 39.707 are adopted without changes to the proposed text as published in the September 7, 2007, issue of the Texas Register (32 TexReg 6049) and will not be republished.  The purpose of this rulemaking 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 rulemaking intends to transfer the technical requirements for these programs from the TDSHS rules in 25 TAC §289.254 and §289.260 into new subchapters of the TCEQ's radioactive substance 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, and enforcement. The amendments to Chapter 39, Subchapter M establish the public notice requirements for radioactive materials licenses issued under Chapter 336.

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/adopted/30.ENVIRONMENTAL%20QUALITY.html#202

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The TCEQ adopts the amendment to §281.19. Section 281.19 is adopted without change to the proposed text as published in the September 7, 2007, issue of the Texas Register (32 TexReg 6056) and will not be republished.  The purpose of this rulemaking 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 TDSHS to the TCEQ. This 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 TCEQ's radioactive substance rules in Chapter 336. While the technical requirements remain the same, these new commission programs will be integrated into and administered under the TCEQ's existing radioactive material program requirements for application processing, public notice, public participation, licensing fees, and enforcement. The amendments to Chapter 281, Subchapter A establish the procedural requirements for the technical review of radioactive material licenses under Chapter 336.  SB 1604 also establishes a new state fee for disposal of radioactive substances and amends underground injection control requirements for uranium mining. For more information go to: http://www.sos.state.tx.us/texreg/sos/adopted/30.ENVIRONMENTAL%20QUALITY.html#207

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The TCEQ adopts rules for the radioactive substance rules.  The purpose of this rulemaking 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 f