ML20214F841

Summarizes Annual CAL Rad Forum Spring Conference on 870501 in Palm Springs,Ca.Meeting Program,Speaking Notes & Yalow Presentation Encl.Pasternak Discussion of Status of Compacting Legislation Introduced by Peace & Alquist

ML20214F841
Person / Time
Issue date:	05/14/1987
From:	Kunihiro D NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V)
To:	Lohaus P NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
References
NUDOCS 8705260315
Download: ML20214F841 (31)

Text

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o o MAY 141987 MEMORANDUM FOR: Paul Lohaus, Chief, Technical Branch Regional State Liaison Officer Division of Low Waste Management Branch Mail Stop SS623 FROM: Dean Kunihiro, Regional State Liaison Officer Region V

SUBJECT:

CAL RAD FORUM MEETING On May 1, 1987, I attended the Annual CAL RAD Forum Spring Conference in Palm Springs, CA. A copy of the meeting program is attached. My speaking notes, outlining the major topics covered, along with a copy of Dr. Yalow's presentation are attached. Dr. Yalow's presentation was informative and well-received by the audience. Of particular interest are her references to past NRC actions, as well as the relevance of her remarks to actions under consideration by the staff regarding below regulatory concern wastes.

Also, noteworthy was Dr. Pasternak's discussion of the status of compacting legislation which was recently introduced by Assemblyman Peace'(AB 1000) and Senator Alquist (SB 1170). He expressed optimism that passage of compact legislation was more imminent than ever before. This observation was also expressed by Jim Morgan, Deputy Secretary, California Health and Welfare '

Agency. Copies of these two bills have been requested, and will be forwarded as soon as they are received.

Based on conversations with several attendees, as well as presentations during the meeting, there is strong resistance to the use of any above ground disposal (to include mixed wastes) concepts in California.

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[ h b Dean Kunihiro Regional State Liaison Officer

Enclosure:

As stated.

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.l ' 'JalkingNotesCALRADForum,May1.1987 ,

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'Introductios

~ *~ Status.of staff actions pursuant to LLRWAPA. ,

Limitdiscussionto\threeactions

beloe regu1atory concern-.(BRC),

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" environmental /t'echnical' licensing review, alternatives'to'shal_ low .

1 landburial;(SLB)c.,{ ,

ComprehensNe~ status / schedules'documentedinNUREG1213, Revision 1.

Expect to.be' published within next month. '

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Augusti1986'"p'ublishedPolicyStlatementandplanforexpeditions j.y * . handling offpetitions to exempt wastes BRC.

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Debenber-1986,publishedAdvanceNotice.ofProposedRulemaking.

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.Several points in Dr. Yalow's ' candid and well-reasoned presentiation-

may have app 1fcation to NRC's.BRC efforts. Have requested copy.and ~

. .. . will forward.w was e management staff for consideration.

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2 Establishment'of procedur'es to complete environmental-and technical ,

reviews of disposal site license applications.

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SFC (NUREG 1199),'SRP (NUREG 1200). ,

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-: _Both' documents ~should be;useful to CA Health Department'and U25.

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December 1986,' published NUREG 1241,tfinal guidance. 2 ' (-

5 f.y . <- NRC staff!strongly supports standardized designs. imphasis on 2-4<" designs (below ground vaults, earth-moundedfconcrete bunkers).

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Mixed-Wastes J'"

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Although not addressed by Amendments Act. much interest expressed daring meeting.

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Pasternakicovered fairly well:

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Definition -' January 1987 Siting Criteria,- March 1987 .

Facility Design - Under discussion w/ EPA s

Elaborate.on Facility Design Status:

s EPA'and NRC attempting to resolve issue of leachate collection vs. " dry waste" conflict.

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, - " Shallow' dish" being considered by NRC and EPA,' currently under-

, review by EPA,. number.of discussions with attendees who expressed. concern over. application of design.to CA. '

Conclusion Mentioncd numerous publications documenting NRC action. .See after session'if copy desired. . :g.

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., a . gg-Cal Rad Forum's Fifth Annual Spring Conference

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April 30-May 1,1987 g, a.. y M e

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CONFERENCE PROGRAM ' ',, ', " y a

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y Welcome'& Opening Remarks - Robert A. Krg/t, Af.D., Forum Chairman a,

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45 a.m.

3 KEYNOTE ADDRESS: " Disposal of' Low-Izvel Radioactive Waste! Perspective of the Biomedical

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M4SCommunity" - Rosalyn S. Yalow, Ph.D., Senior Medical Investigator, VA Medica r i l ki

~&*f I o omon A. Berson Distinguished

% Prize Winnerin Medicine , , , ,; ' , Professor-At-Large, g 'yq , ,

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9:30 a.m. 4"LLW Disposal Facility Development: Candidate Site Selection and Characterization"

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g. ,. ,.q u 10:30 a.m. . PANEL ON USES OF RADIOACTIVE MA'ERIALS 4, ,.K - .. . . .

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,,  ; Afoderator: Eugene N. Cramer, Director of Programs, Westem Forum for Education in %the Gv., Safe s of Low-Level Radioactive Waste.

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" Survey of the Activities Beneficial to Science Software Systems, Encino, CA. Society which Produce W q 0.s w ' d. O, < ,i k.LRW s g,# - .n .,

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^ ." ' M'Uses of Radioisotopes in the Research and Diagnosis of AIDS" - Gary Norman, Ph.D., Assistant ., -i N

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.Q Professor of Clinical Pathology, University of Southern Califomia School of Medicine 9-. y ,,3f. .$g... d. .

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11:30 a.m. N.3 Business Meeting

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SI'WCEAL CAL RAD A WARD - LEGISLATORS OF THE YEAR m*.

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l Recognizing their valuable contributions to the safe, reliable, cost-effective disposal of low-level radioactive wastes: - 6g's

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The Honorable -  ?" TheIlonorable ,D ~ $E ' N IN

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ALFRED E. ALQUIST

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" Current Isst es in Low-level Waste Disposal: Perspective of Users of Radioactive Materials" m '

Alan D. Panernak, Ph.D., Cal Rad Technical Director .

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..eL4- . e. f 1:45 p.m. - PANEL ON CALIFORNIA STATE GOVERNMENT AND LOW LEVEL WASTE DISP'OSAL ' V W"f Afoderator: William R. Clercland, California Medical Association, Sacramento .$M1 m .

" Regulation" - Don J. Womeldorf, Program Afanager, Low-Level Radioactive Waste, California . { C ,Q Department of Health Services . 7,gy .a

" Policy" -Jim Aforgan, Deputy Secretary, Califomia Health and Welfare Agency -

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' Environmental Coordination" - Brent D. Boger, PrcJect Coordinator, Govemor's Office of Planning and %

Research ,

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2:45 p.m. BREAK y, ,

3:00 p.m. PANEL ON THE FEDERAL GOVERNMENT AND LOW-LEVEL WASTE DISPOSAL

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r Afoderator: RobertJ. Lull, Af.D., COL AfC, Chief, Department of Nuclear Medicine, Letterman Army Hospital, San Francisco +

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" Department of Energy Activities Pursuant to the Low-Level Radioxtive Waste Policy Act" -Scott T.

Hinschberger, Manager, National LLW Program, US Department of Energy, Idaho Operations Office ~"!j.; [& : *

" Nuclear Regulatory Commission Activities Pursuant to the Low-Level Radioactive ' Waste Policy Act"i da q ,

4:00 p.m.

Dean Af. Kunihiro, Regional State Liaison Office, USNRC Region V, Walnut Creek W

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CLOSING REMARKS ,

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Disposal of Low-Level Radioactive Waste: .

Perspective of the Biomedical. Community Rosalyn S. Yalow Veterans Administration Medical Center Bronx, New York The NCRP and health protection scientists, whether concerned with radiation or other potential carcinogens, have promoted the concept that a given quantity of such an agent produces the same absolute number of cancers independent of the number of people among whom the agent is distributed or the rate at which it is received.

This is the linear extrapolation hypothesis and when it was extended to the food additive field resulted in a foolish law such as the Delaney Amendment. In the radiation field its consequence has been the inability to gain acceptability for the concept of the establishment of a de minimus-an amount of radioactivity or radiation so low as to be irrelevant.

To dramatize the irrationality of this position,in November 1979 I testified before a Congressional subcommittee dealing with radioactive waste dosposal that "As an adult, living human being, my body contains natural radioactivity; 0.1 pCi of "K and 0.1 pCi of "C.

According to the current rules of the NRC, if I were a laboratory

, animal who had received this amount of radioactivity as 'by product material' and died with the radioactivity still in my body, I could not be buried, burned, or disposed of in the garbage. It would have been necessary to place me in a drum and transport me to a low. level 59 4 ,- ,-,

9 , s radioactive waste disposal _ site, thereafter to occupy needlessly space

- that should be reserved for measurably hazardous material."

That statement made obvious the absurdity of at least some of the regulations dealing with the disposal of biomedical radioactive wastes.

The NRC promptly examined the situation and learned that liquid scintillation vials,' containing primarily *H and C, accounted for 43 percent _ of the total volume of radioactive waste shipped to burial .  !

grounds that were unrelated to industrial applications or nuclear power generation. Animal carcasses containing these radioisotopes accounted

. for about an additional 9 percent of the volume. The yearly cost for packing materials, transport and disposal at that time was almost 20 ,

million dollars. The amount of radioactivity involved was less than 28 Ci 'H and 6 Ci **C. To put these numbers into perspective we must appreciate that as a, result of cosmic ray l interactions the global inventory of C is 230,000,000 Ci and of aH is 70,000,000 Ci. In New York City alone, where about one quarter of the collected garbage is burned, the C thereby recycled back to the ' atmosphere is 5 Ci per year. Assuming that New York biomedical institutions accounted for 10 percent of the national total of *H used in liquid scintillation fluids, that amount would be less than a few percent of the 'H in the rain falling cn the City.

The NRC reacted. unusually quickly for a regulatory agency and in March 1981 published new rules permitting disposal of liquid scintil-lation fluids and animal carcasses containing less than 0.05 pCi of 'H or C per gram without regard to their radioactivity. The reasoning for specifically excluding from this amendment other solid waste material such as animal feces, contaminated bedding, gloves, paper,- .

etc., is difficult to understand. Perhaps they were excluded because their volumes were much smaller and hence would not present as

. much of a problem for disposal. Derhaps it was because the potential toxicity of the organic solvents i. xintillation fluids or the pathogens in the animal carcasses represent greater hazards than do the low i levels of radioactivity. Nontheless it does seem strange to establish a de minimus for particular materials and not for all' materials that contain the same concentration of the same radioactive substances.

The amendment also permitted any institution, regardless of size, to

, dispose of water soluble materials containing up to 5 Ci'H and 1 Ci C per year by release into the sanitary sewerage systems in addition .

1 Ci per year for all other radionuclides.

While this amendment has proven to be of significant value to some portions of the biomedical community it should be noted that it applies only to NRC licensees and that Agreement States are not required to y

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acc:pt the ch:ngr. Furthermor2 a ststzment was add:d to the rule that "Nothing in this section relieves the licensee from complying with other applicable Federal, State, and local regulations governing any

' other toxic or hazardous property of these materials." This has created a Catch-22 situation in which the intent of the change in regulation l

cannot be realized either because Agreement States do not agree as, '

for example, in New York City, or because other agencies, whether at the State or local level, do not permit incineration of organic chemicals.

Note that I do not use the words " hazardous" chemicals or " toxic" chemicals because I do not believe that these words should be applied to the toluene in scintillation fluids when they are not applied to the l" toluene in our gasoline engines. After all, of the two billion gallons of toluene produced each year, scintillation fluids accounted for only one million gallons. ,

One important effect of the crisis atmosphere generated in 1979 was to force the biomedical community to attempt to reduce the volume of radioactive waste in view of the sky-rocketing costs of disposal. In New York City it now costs $400 for each 55. gal drum that must be shipped to the State of Washington. Drums containing the deregulated scintillation fluids (C or H 8 at less than 0.05 pCi/g or short-lived isotopes) can be shipped to Quadrex in Florida at half the cost. The experience of some of the major medical centers in the City has been to reduce the total volume shipped by a factor of two or more and to segregate the so-called deregulated fluids from the others. In spite of this the cost of radioactive waste disposal in these institutions has more than doubled in the last five years. In the 1970's the cost of disposal of radiochemicals at one major institution was 10 percent of the cost of purchase; by the 1980's the cost of disposal has risen to 32 percent of the cost of purchase.

it should be noted that, since New York City chose not to accept the NRC rule change, a leading medical institution in our city has not as yet received a license to incinerate 5 mci of C per year in deregulated animal carcasses even though the rate of disposal would have resulted in a CO2 concentration at the exit of its smoke stack '

which would be less than a few percent of that in the air that each of us continually exhales.

Much has been done to reduce the costs and volume of low-level medical radioactive wastes-but not nearly enough has been done. I learned, much to my surprise, that one major institution in my city shipped 600 mci and another 900 mci of 8231 to the State of Washing-ton. In addition since at present there is extensive use of '2P (14 day half. life) in molecular biology I learned that a major institution is 61 m

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shipping 3 Ci per year of this isotope to a radioactive waste disposa'l site. Certainly it should be possible for all institutions to arrange for on. site decay of radioisotopes with half. times of 2-3 months or less.

Perhaps consideration should be given also to changes in counting techniques. I was amazed to learn that y emitters, including among others *l, siCr, 87Na, Fe are being counted in liquid scintillation .

counters-generating unnecessary volumes of organic solvents that cannot be disposed of into the sanitary sewage. In addition it should not be difficult to design counting systems for hard B-emitters, such as s2P, that would not require liquid scintillation counters employing non water soluble organic solvents.

In my brief survey I noted striking differences among the institu-tions in the policies concerning radioactive waste disposal. Whether i the differences are due to 1:mitation: of storage rpace, availability of an adequate radiation safety staff or inattention to detail was not readily determinable. Nonetheless it seems to be inefficient for each separate institution to undertake an analysis of the optimal plan for minimizing the volume generated. The distribution of materials han-died appears to differ between institutions that are primarily hospitals '

or those that are primarily research institutions. However it would seem that some umbrella organization,perhaps the appropriate med.

ical society, such as the American College of Nuclear Physicians, should convene a continuing committee designed to recommend pro-cedures that would assist individual biomedical institutions in mini-mizing or even eliminating the bulk of material being shipped to radioactive waste disposal sites. The agenda for such a group could '

include questions such as: how to segregate radioisotopes-by activity, half life or energy; how to segregate scintillatic.n fluids that are pure enough, if deregulated, so that they could be added to gasoline engines from those that would interfere with engine operation or catalytic converters because they contain detergents. I have been told, during my brief survey, that some laboratories usually have 5 to 10 radioactive and so called toxic disposal drums on hand,thus reducing significantly the working space in the laboratory. These and related problems should be addressed by the biomedical community who, as a group, should formulate a coherent, rational approach to radioactive and

• chemical waste management. When that is done we must develop a political constituency and present these conside rations to the Congress and the city, State and Federal regulatory agencies.

The basic premise is that the continued functioning of nuclear medicine and biomedical investigation plays an important role in our national health. The benefits are evident, and we must continually 62

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- publicize them. The risks are often illusory. Let me give an example of this consideration hty interest, for obvious reasons, has been radioimmunoassay (RIA). This methodology has found application in virtually all fields of medicine-endocrinology, gastroenterology, car-diology, infectious diseases, etc. In my laboratory the amount of '"I employed per RIA tube averages about 10-3 pCi; in commercial kit assays the range is from 10-' to 10-2 pCi. If we consider the absorbed dose from oral intake of the same number of microcuries of 8"I compared to 'I, it averages two to six fold less, depending on the organ. We know that treatment doses of 8I (5-10 mci) for hyperthy-roidism which results in ~8 rem total body radiation were shown not to increase the incidence of leukemia campared to surgical treatment of that disease and that diagnostic doses averaging 60 rem to the adult thyroid resulted in no increased incidence of thyroid cancer. If we consider that the cost of a commercial RIA procedure ranges from $5-

$100,it would be necessary to drink the contents of multiple thousands to millions of dollars worth of assay tubes to approach the radiation -

levels used in diagnosis and therapy of thyroid disease.While I believe the commercial kits contain unnecessarily large amounts of '"I, which

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could and should be reduced, it is evident that the disposal of the precipitates or contaminated RIA tubes as solid waste without regard to their radioactivity, after decanting the water soluble contents into the sanitary sewage, could not be considered to present a risk. Why have they not been deregulated? It would not be unreasonable to deregulate 100 tube kits containing less than perhaps 2 to 5 pCi '"I.

The failure to have deregulated these kits, as was suggested at a NAS Forum on Disposal of Low-Level Radioactive Biomedical Wastes in November 1980, is further evidence of the inertia of the regulatory agencies, but their inertia is not unrelated to the failure of the biomedical community collectively to address this and other such problems.

Given proper guidance and reasonable regulations there should be~

relatively little radioactive waste disposal from biomedicalinstitutions.

However, the waste materials generated by our radiopharmaceutical suppliers must also be considered. I am not familiar with their prob-lems or the quantities of materiaIs involved. However it would be quite reasonable for commercial producers of radioisotopes to form an organization such as the Atomic Industrial Forum to deal collectively

• with the problems of waste disposal. The Low-Level Waste Policy Act of 1980 forces them also to face reality. There is no doubt that there will be no new sites opened by January 1,1986. At that time regions with existing sites can start excluding radioactive wastes from other i 63 l

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areas. I believe they should, unless action is taken to reduce strikingly

' the volume of material shipped to those sites.This reduction can and

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should be effected.

In conclusion I would like to add a provocative word about the ALARA principle. Philosophically this would seem to be a good principle-if all people were to agree on what is reasonable. However

- this is not the case. It is time to consider and implement the establish-ment of a de minimus concept for radiation effects and to base that I

- concept on a level of radiation or radioactivity so low that any -

conceivable radiation effects are hidden in the " noise" of the system--

the statistical variability of health effects in a given population. The problem of disposal of radioactive biomedical wastes would be a nonproblem were such considerations to apply.

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AMENDED IN SENATE MAY.7,1987 F AMENDED IN SENATE APRIL 27,19&f -

l 3 No. .1170

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i SENATE BUL 1

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j Introduced by Senator Alquist March 5,19&T

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l An act to add Article 19 (commencing with d Secti to Chapter 7.6 of Division 20 of the Health and Saf relating to radioactive waste.

LECtsLNnVE CoUNsE!!S DICEST

! Radioactive waste disposal i SB 1170, as amended, Alquist.

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g. (1) Under the federal Low-Level Radioactive

,:; ,f' compact.

J -i Amendments Act of 1985, states a for low-level of : regional disposal facilities i h!- ( radioactive waste. Existing law also requires the Go operation enter into an agreement or compa d-access to, or maintaining access to, land disposal faci specifies that the agreement or compact may f

provision concerning the reciprocal access l

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permanent disposal facilities h osesby

. by statute by the Legislature of any agreement t at j

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h V membership for California in a co I

provision. and ratify the Southwestern ,

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This bill would Low-Level enact Radioactive - Waste Disposal Com f 1

would become effective when the legislatures of t Q ] California and at least one other eligi 4 i <

. . . i S'3 1170 SJ 1170 The people of the State of California do enact as follows:

compact, as specifled, and the compact is ratified by Congress. Lt%

The compact would provide that, the States of California, - Q North Dakota, South Dakota, and Arizona are eligible to 1 SECTION 1. Article 19 (commencing with Section become parties to the compact and that other states may be 2 25879.7) is added to Chapter 7.6 of Division 20 of the made eligible, as specified. 3 Health and Safety Code, to read:

The compact would provide for the establishment of a 4 Southwestern Low-Level Radioactive Waste Commission and g= g5 Article 19. Southwestern Low-Level Radioactive would specify the commission's duties and powers. The 6 Waste Disposal Compact ..

compact would also require the State of California to serve as 7 the initial host state by siting and developing a regional 8 25879.7. The Legislature of the State of California low-level waste disposal site, for at least 30 years after the date 9 hereby enacts and ratifies the agreement set forth in when the facility begins accepting waste. Each state that is a 10 Section 25879.8 and designated as the " Southwestern party to the compact would be required to develop 11 Low-Level Radioactive Waste Disposal Compact," which procedures and take specified actions concerning violations of 12 is entered into pursuant to the Low-level Radioactive waste transportation regulations. 13 Waste Policy Act, as amended by the Low-Level The compact would provide that, only low-level radioactive 14 Radioactive Waste Policy Amendments Act of 1985 (42 waste, as defined, generated within the region may be 15 U.S.C. Sec. 2021b to 2021j, incl.). This compact shall disposed of at a regional disposal facility, except as specified. 16 become effective in accordance with Article 7 of the The bill would specify that the authority for on-highway 17 compact as set forth in Section 25879.8.

routing and enforcement relating to low-level radioactive 18 25879.8. The provisions of the Southwestern waste remains with the Department of the California 8 h 19 Low-Level Radioactive Waste Disposal Compact are as IIighway Patrol and that authority for rail transportation and 20 follows:

routing of this waste remains with the Public Utilities 21 Commission. 22 Article 1. Compact Policy and Formation (2) The California Constitution requires the state to $

reimburse local agencies and school districts for certain costs $ 23 24 The party states hereby find and declare all of the mandated by the state. Statutory provisions establish 25 following: ,

procedures for making that reimbursement. 26 (A) The United States Congress, by' enacting the This bill would impose a state-mandated local program by 27 Low-Level Radioactive Waste Policy Act, Public Law creating new crimes concerning the disposal of low-level 28 96-573, as amended by the Low-Level Radioactive Waste

- radioactive waste. - 29 Policy Amendments Act of 1985 (42 U.S.C. Sec. 2021b to This bill would provide that no reimbursement is required 30 2021j, incl.), has encouraged the use of interstate by this act for a specified reason. 31 compacts to provide for the establishment and operation

- Vote: majority. Appropriation: no. Fiscal committee: yes. $ $ 32 of facilities for regional management of low-level waste.

State-mandated local program: yes. 33 (B) It is the purpose of this compact to provide the 34 means for such a cooperative effort between or among

, 35 party states to protect the citizens of the states and the l

36 states' environments.

37 (C) It is the policy of party states to this compact to 38 encourage the reduction of the volume oflow-level waste W G

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SD 1170 SJ 1170 1 l 2 requiring disposal within the compact region.(D) It is @the policy ofdisposal 2 regional the partyfacility statesisthat the $ or being develop located 3 protection of the health and safety of their citizens and 3 The State of California is the host state under this 4 the most ecological and economical management of 4 compact for the first 30 years from the date the California 5 low-level radioactive wastes can be accomplished 5 regional disposal facility commences operations.

6 through cooperation of the states by minimizing the 6 (II) " Institutional control period" means that period 7 amount of handling and transportation required to $. g 7 of time in which the facility license is transferred to the 8 dispose of these wastes and by providing facilities that 8 disposal site owner in compliance with the appropriate 9 serve the compact region. 9 regulations for long-term observation and maintenance 10 (E) Each party state,if an agreement state pursuant to 10 following the postelosure period.

11 Section 2021 of Title 42 of the United States Code, or the 11 (I) " Low-level radioactive waste" means regulated 12 Nuclear Regulatory Commission if not an agreement 12 radioactive material that meets all of the following 13 state,is responsible for the primary regulation of sources 13 requirements:

14 of radioactive materials within itsjurisdiction. 14 (1) The waste is not high-level radioactive waste, 15 15 spent nuclear fuel, or byproduct material (as defined in '

16 Article 2. Defm' itions 16 Section lle(2) of the Atomic Energy Act of 1954 (42 17 17 U.S.C. Sec. 2014(e)(2))).

18 As used in this compact, unless the context clearly 18 (2) The waste is not uranium mining or mill tailings.

19 indicates otherwise, the following definitions apply: 19 (3) The waste is not any waste for which the federal 20 (A) " Commission" means the Southwestern 20 government is responsible pursuant to subdivision (b) of 21 Low-Level Radioactive Waste Commission established in 21 Section 3 of the Low-Level Waste Policy Amendments 22 Article 3 of this compact. 22 Act of 1985 (42 U.S.C. Sec. 2021c(b)).

23 (B) " Compact region" or " region" means the 23 (4) The waste is not an alpha emitting transuranic 24 combined geographical area within the boundaries of the 24 nuclide with a half-life greater than five years and with 25 party states.

26 (C) " Disposal" means the permanent isolation of h $ 25 a concentration greater than 100 nanocuries per gram, or 26 Plutonium-241 with a concentration greater than 3,500 27 low-level waste pursuant to requirements established by 27 nanocuries per gram, or Curium-242 with a concentration 28 the Nuclear Regulatory ' Commission and the 28 greater than 20,000 nanocuries per gram.

29 Environmental Protection Agency under applicable 29 (J) " Management" means collection, consolidation, 30 laws, or by a party state if that state hosts a disposal 30 storage, packaging, or treatment.

31 facility. 31 (K) " Major generator state" means a party state which 32 (D) " Generate," when used in relation to low-level 32 generates 10 percent of the total amount of low-level 33 radioactive waste, means to produce low-level 33 radioactive waste produced within the compact region 34 radioactive waste. $ 34 and disposed of at the regional disposal facility.

35 (E) " Generator" means a person whose activity,

$ 35 If no party state other than California generates at least 36 excluding the management oflow-level waste, results in 36 10 percent of the total amount," major generator state" 37 the production oflow-level radioactive waste. 37 means the party state which is second to California in the 38 (F) " Host county" means a county, or other similar 38 amount of waste produced within the compact region 39 political subdivision of a party state,in which a regional 39 and disposed of at the regional disposal facility.

40 disposal facility is located or being developed.

g 40 (L) " Operator" means a person who operates a 97 100 E E

S 3 1170  ! S 3 1170 1 regional disposal facility. -

2 (M) " Party state" means any state that has become a g ' O~ ~ 1 of any alternates. An alternate may act in the member's i 2 absence.

3 party in accordance with Article 7 of this compact. i 3 (2) The host state shall also appoint that number of 4 (N) " Person" means an individual, corporation, j 4 additional voting members of the commission which is 5 partnership, or other legal entity, whether public or 5 necessary for the host state's members to compose at least 6 private.  :

7 6 51 percent of the membership on the commission. The (O) "Postclosure period" means that period of time g '

8 after completion of closure of a disposal facility during q 7 host state's additional members shall be appointed by the 8 host state Governor and confirmed by the host state -

9 which the licensee shall observe, monitor, and carry out 9 Senate.

10 necessary mamtenance and repairs at the disposal facility 10 If there is more than one host state, only the state m.

11 to assure that the disposal facility will remain stable and 11 which is located the regional disposal facility actively 12 will not need ongoing active maintenance. This period 12 accepting waste pursuant to this compact may appoint 13 ends with the beginning of the institutional control q 14 period. 13 these additional members.

15 14 (3) If the host county has not been selected at the time (P) " Regional disposal facility" means a nonfederal 15 the commission is appointed, the Governor of the host 16 low-level radioactive waste disposal facility established 16 state shall appoint an interim local government member, -

17 and operated under this compact. 17 who shall be an elected representative of a local 18 (Q) " Site closure and stabilization" means the 18 government. After a host county is selected, the interim 19 activities of the disposal facility operator taken at the end 19 local government member shall resign and the Governor 20 contmued 21 of the disposal protectionfacility's operating of the public from any life to assureb the residual k appoint the host county member pursuant to 20 shall 21 paragraph (4).

22 radioactivity or other potential hazards present at the 22 (4) The Governor shall appoint the host county 23 Ap=;l facility. 23 member from a list of at least seven candidates compiled 24 (R)

• Transporter" means a person who transports 24 by the board of supervisors of the host county.

25 low-level radioactive waste.

26 (S) , Uranium mine and mill tailings" means waste { Q 25 (5) In recommending and appointing the host county 26 member, the board of supervisors and the Governor shall 27 resulting from mining and processing of ores containing 27 give first consideration to recommending and gppointing 28 uranium.

28 the member of the board of supervisors in whose district 30 Article 3. The Commission 29 the regional disposal facility, is located or being .

31 30 developed. If the board of supervisors of the host county 32- 31 does not provide a list to the Governor of at least seven (A) There is hereby established the Southwestern 32 candidates from which to choose, the Governor shall 33 Low-Level Radioactive Waste Commission. 33 appoint a resident of the host county as the host county 34 .

(1) The commission shall consist of one Q 34 member.

35 member from each party state to be appointed by thevoting 35 k' (6) The host county member is subject to confirmation 36 Governor, confirmed by the Senate of that party state, 36 by the Senate of that party state and shall serve at the .

37 and to serve at the pleasure of the Governor of each party 37 pleasure of the Governor of the host state.

38 state, and one voting member from the host county. The 38 (B) The commission is a legal entity separate and 39 eppointing authority of each party state shall notify the 39 ' distinct from the party states and shall be so liable for its 40 commission m writing of the identity of the member and 40 actions. Members of the commission shall not be k V W 130 W 150

S 3 1170 SJ 1170 1 personally liable for actions taken in their official @ O1 all of the following purposes:

2 capacity. The liabilities of the commission shall not be 2 (a) The activities of the commission and commission 3 deemed liabilities of the party states. 3 staff.

4 4 (b) At the discretion of the host state, a third-party (C) The commission shall conduct its business affairs 5 pursuant to the laws of the host state and disputes arising 5 liability fund to provide compensation for m, jury to 6 out of commission action shall be governed by the law :. af 6 persons or property during the operational, closure, 7 stabilization, and postclosure and institutional control 7 the host state. The commission shall be located in the ();

8 capital city of the host state in which the disposal site is $ 8 periods of the regional disposal facility. This 9 located. 9 subparagraph does not limit the responsibility or liability 10 (D) The commission's records shall be subject to the 10 of the operator, who shall comply with any federal or host 11 host state's public records law, and the meetings of the 11 state statutes or regulations regarding third-party liability 12 commission shall be open and public in accordance with 12 claims.

' 13 the host state's open meeting law. 13 (c) A local government reimbursement fund, for the 14 (E) The commission members are public officials of 14 purpose of reimbursing the local government entity or 15 the appointing state and shall be subject to the 15 entities hosting the regional disposal facility for any costs 16 conflict-of-interest laws as well as any other law of the 16 or increased burdens on the local governmental entity for 17 appointing state. The commission members shall be 17 services, including, but not limited to, general fund 18 compensated according to the appointing state's law. 18 expenses, the improvement and maintenance of roads 19 (F) Each commission member is entitled to one vote 19 and bridges, fire protection, law enforcement, 20 A majority of the commission constitutes a quorum 20 monitoring by local health officials, and emergencv 21 Unless otherwise provided in this compact, a majority of @ 21 preparation and response related to the hosting of the 22 the total number of votes on the commission is necessary 22 regional disposal facility.

23 for the commission to take any action. 23 (4) The surcharges imposed by the commission for the 24 (G) The commission has all of the following duties and 24 purposes of subparagraphs (b) and (c) of paragraph (3) 25 tuthority:

26 (1) The commission shall do, pursuant to the authority Q & 25 and surcharges imposed pursuant to paragraph (3) of 26 subdivision (E) of Article 4 shall be transmitted on a 27 granted by this compact, whatever is reasonably 27 monthly basis to the host state for distribution to the 28 necessary to ensure that low-level wastes are safely 28 proper accounts.

i 29 disposed of and managed within the region. , 29 (5) The commission shall establish a fiscal year which 30 (2) The commission shall meet at least once a year and 30 conforms to the fiscal years of the party states to the

31. otherwise as business requires. 31 extent possible.

32 (3) The commission shall establish a compact 32 (6) The commission shall keep an accurate account of 33 ;urcharge surcharges to be imposed upon party state 33 all receipts and disbursements. An annual audit of the 34 generators.The surchargesurchargesshall be based upon h 35 the cubic feet of waste and the radioactivity of the waste g 34 books of the board shall be conducted by an independent 35 certified public accountant, and the audit report shall be t 36 and shall be collected by the operator of the facility. 36 made a part of the annual report of the commission.

I 37 The host state shall set and the commission shall impose 37 (7) The commission shall prepare and melude m the

' 38 the surcharge after congressional approval of the 38 annual report a budget showing anticipated receipts and 39 compact. The amount of the surcharge shall be sufficient 39 disbursements for the subsequent fiscal year. .

40 to establish and maintain at a reasonable level funds for g g 40 (8) The commission may accept any grants, W 170 E #

SJ 1170 SJ 1170 1 equipment, supplies, materials, or services, conditional or g .$ 1 out its duties and authority, subject to projected 2 otherwise, from the federal or state government. The 2 resources. No contract made by the commission shall 3 nature, amount, and condition, if any, of any donation, . 3 bind a party state.

4 grant, or other resources accepted pursuant to this 4 (15) The commission shall prepare contingency plans, 5 paragraph and the identity of the donor or grantor shall 5 with the cooperation and approval of the host state, for 6 be detailed in the annual report of the commission. 6 the disposal and management of low-level waste in the 7 IIowever, the host state shall receive, for the uses g) (g 7 event that any regional disposal facility should be closed.

(16) The commission may sue and be sued and, when 8 specifed in subparagraph (E) of paragraph (2) of 8 l 9 subsection (d) of Section 2021e of Title 42 of the United 9 authorized by a majority vote of the members, may seek 10 States Code, any payments paid from the special escrow 10 to intervene in an administrative or judicial proceeding 11 account for which the Secretary of Energy is trustee 11 related to this compact.

12 pursuant to subparagraph (A) of paragraph (2) of 12 (17) The commission shall be managed by an 13 subsection (d) of Sectron 2021e of Title 42 of the United 13 appropriate staff, including an executive director.

14 State: Code. 14 Notwithstanding any other provision of law, the beeed 15 (9) The commission shall submit communications to 15 commission may hire or retain, or both, legal counsel.

16 the gcvermrs and to the presiding officers of the 16 (18) The commission may, subject to applicable 17 ' legislaturcs of the party states regarding the activities of 17 federal and state laws, recommend to the appropriate 18 the commission, including an annual report to be 18 host state authority suitable land and rail transportation 19 submitted on or before January 15 of each year. The 19 routes for low-level radioactive waste carriers. ,

20 commission shall include in the annual report a review of, 4 g a 20 (19) The commission may enter into an agreement to I 21 cnd recommendations for waste disposal methods, which W T 21 import low-level radioactive waste into the region only if 22 are alternative technologies to the shallow land burial of 22 both of the following requirements are met:

23 low-level radioactive waste. 23 (a) The commission approves the importation 24 (10) The commission shall assemble and make 24 agreement by a two-thirds vote of the commission. .

25 cvailable to the party states, and to the public, $) f$ 25 (b) The commission and the host state assess the 26 information concerning low-level radioactive waste 26 affected regional disposal facilities

• capability to handle 27 management needs, technologies, and problems. 27 imported low-level radioactive was.tes and any relevant 28 (11) The commission shall keep a current inventory of- 28 environmental or economic factors, as defined by the ,

29 cll generators within the region, based upon information 29 host state's appropriate regulatory authorities.

30 provided by the party states. 30 (20) The commission may, upon petition, allow an 31 . (12) The commission shall keep a current inventory of 31 individual generator or group of generators in the region  !

32 all regional disposal facilities, including information on 32 to export wastes to a waste disposal facility located 33 the size, capacity, location, specific wastes capable of 33 outside the region. The commission may approve such a 34 being managed, and the projected useful life of each $ J 34 petition only by a two-thirds vote of the commission.This 35 regional disposal facility. 35 permission to export wastes shall be effective for that  ; ,

36 (13) The commission may establish advisory 36 period of time and for the amount oflow-level waste, and -

37 committees for the purpose of advising the commission 37 subject to any other term or condition, which may be 38 on the disposal and management oflow-level radioactive 38 determined by the commission.

39 we.ste. 39 (21) The commission may approve, only by a 40 (14) The commission may enter into contracts to carry g g 40 two-thirds vote of the commission, the exportation

. _ _ _ _ _ _ _ _ _ _ - . _ _ < -m

S3 1170 SD 1170 1 outside the region of any low-level waste that the 2 designated regional disposal facility is not licensed to$ g I compact entered into. pursuant to the Low-Level 2 Radioactive Waste Policy Act, as amended by the 3 receive. The commission may approve, only by a 3 Low-Level Radioactive Waste Policy Amendments Act of 4 two-thirds vote of the commission, the exportation 4 1985(42 U.S.C. Sees. 2021b to 2021j, incl.).

5 outside the region of material,which otherwise meets the 5 (E) A host state shall do all of the following:

6 criteria of low-level waste, if the sole purpose of the 6 (1) Cause a regional disposal facility to be developed 7 exportation is to process the material for recycling.

8 (22) The commission shall, not later than 10 years g ,;g 7 on a timely basis.

8 (2) Ensure by law, consistent with any applicable .

9 before the closure of the initial or subsequent regional 9 federal laws, the protection and preservation of public 10 disposal facility, prepare a plan for the establishment of 10 health and safety in the siting, design, development, 11 the next regional disposal facility. 11 licensing, regulation, operation, closure, 12 12 decommissioning, and long-term care of the regional 13 Article 4. Rights, Responsibilities, and Obligations of 13 disposal facilities within the state.

14 Party States 14 (3) Ensure that charges for disposal oflow-level waste 15 15 at the regional disposal facility are reasonably sufficient 16 (A) There shall be regional disposal facilities sufficient 16 to do all of the following: .

17 to dispose of the low-level waste generated within the 17 (a) Ensure the safe disposal and long-term care of the 18 region. 18 regional facility.

19 (B) Low-level waste generated within the region shall 19 (b) Pay for the cost of inspection, enforcement, and 20 be disposed of at regional disposal facilities and each a ,a 20 surveillance activities at the site.

21 party state shall have access to .any regional disposal w 'T 21 (c) Assure that charges are assessed without 22 facility without discrimination. 22 discrimination as to the party state of origin.

23 (C) (1) Upon the effective date of this compact, the 23 (4) Submit an annual report to the commission on the 24 State of California shall serve as the host state and shall 24 status of the regional disposal facility including 25 comply with the requirements of subdivision (E) for at $ 0$ 25 projections of the facility's anticipated future capacity.

26 least 30 years from the date the regional waste disposal 26 (5) The host state and the operator shall notify the 27 facility begins to accept low-level radioactive waste for 27 commission immediately upon. the occurrence of any

28. disposal. The extension of the obligation and duration 28 event which could cause a possible temporary or 29 shall be at the option of the State of California. 29 permanent closure of a regional disposal facility.

30 If the State of California does not extend this obligation, 30 (F) Each, party state is subject to the following duties 3.1 the party state, other than the State of California, which 31 and authority:

32 is the largest major generator state, shall then serve as the 32 (1) To the extent authorized by federal law, each 33 party state shall develop and enforce procedures 33 host state 34 obligation for state of a host the which secondhostsregional the seconddisposal regional 35 disposal site shall also run for 30 years from the date the

()

facility. The $

34 requiring low-level radioactive waste shipments 35 originating within its borders and destined for a regional 36 second regional disposal site commences operation. 36 disposal facility to conform to packaging and 37 (2) The host state may close its regional disposal 37 transportation requirements and regulations. These 38 facility when necessary for public health or safety. 38 procedures shall include, but are not limited to, all of the 39 (D) The party states of this compact cannot be 39 following requirements:

40 members of another regionallow-level radioactive waste g (g 40 (a) Periodic inspections of packaging and shipping am wm

t S3 1170 S 3 1170 I 1 practices. O' -Q 2l party states shall be disposed of in the regional disposal

! 2 (b) Periodic inspections oflow level radioactive waste facility, except as provided in paragraph (19) of I 3 containers while in the custody of transporters. 3 subdivision (G) of Article 3.

j 4 (c) Appropriate enforcement actions with respect to 4 (9) Each party state shall agree that if there is any

{ 5 violations. 5 injury to persons on property resulting from the.

l 6 (2) A party state may impose a surcharge on the waste 6 operation of a regional disposal facility, the damages 2

7 generators within the state to pay for activities required *t") Q 7 resulting from the injury may be paid . from the

! 8 by paragraph (1). 8 third-partyliability fund pursuant to subparagraph (b) of i 9 (3) To the extent authorized by federal law, each 9 paragraph (3) of subdivision (G) of Article 3, only to the j 10 party state shall, after receiving notification from a host 10 extent that the damages exceed the limits of liability l 11 state that a person in a party state has violated packaging, 11 insurance carried by the operator. No party state, by

) 12 shipping, or transportation requirements or regulations, 12 joining this compact, assumes any liability resulting from -l

! 13 take appropriate actions to ensure that these violations do 13 the siting, operation, maintenance, long-term care, or '

14 not continue. Appropriate actions may include, but are 14 other activity relating to a regional facility, and no party 15 not limited to, requiring that a bond be posted by the 15 state shall be liable for any harm or damage resulting '

! 16 violator to pay the cost of repackaging at the regional 16 from a regional facility not located within the state.

i 17 disposal facility and prohibit future shipments to the 17 18 regional disposal facility. 18 Article 5. Approval of Regional Facilities 19 (4) Each party state shall maintain a registry of all 19

20 generators within the state that may have low-level g g 20 A regional disposal facility shall be approved by the j 21 radioactive waste to be disposed of at a regional disposal W v 21 host state in accordance with its laws. This compact does  !

4 22 facility, including, but not limited to, the amount of 22 not confer any authority on the commission regarding

! 23 low-level radioactive waste and the class of low-level 23 the siting, design, development, licensure, or other i i 24 radioactive waste generated by each generator. 24 regulation, or the operation, closure, decommissioning, 25 (5) Each party state shall encourage generators within Q $ 25 - or long-term care of, any regional disposal facility within f

26 its borders to minimize the volume of low-level 26 a party state. -

27 radioactive waste requiring disposal.

27 28 (6) Each party state may rely on the good faith 28 Article 6. Prohibited Ac~ts and Penalties  ;

29 performance of the other party states to perform those 29 l 30 rets which are required by this compact to provide 30 (A) No person shall dispose of low-level radioactive

, 31 regional disposal facilities, including the use of the 31 waste within the region unless the disposalis at a regional .

j 32 regional disposal facilities in a manner consistent with 32 disposal facility, except as - otherwise provided in j 33 this compact. ,

33 paragraphs (20) and (21) of subdivision (G) of Article 3.

l 34 - (7) Each party state shall provide the commission with Q $ 34 (B) Nopersonshall A9v=aoformanageanylow-level ,

4 35 cny data and information necessary for the 35 waste within the region unless the waste was generated  !

1 36 implementation of the commission's responsibilities, 36 within the region, except as provided in paragraphs (19), '

i l 37 including taking those actions necessary to obtain this 37 ' (20), and (21) of subdivision (G) of Article 3.

1 38 data or information. 38 . (C) Violations of this section shall be reported to the 39 (8) Each party state shall agree that only low-level 39 appropriate law enforcement agency within the party 40 radioactive waste generated within thejurisdiction of the g g 40 state's jurisdiction.

j

~

j w no w soo

e SJ 1170 SB 1170 1 (D) Violations of this section may result in the g 2 prohibition of disposing oflow-level waste in the regional g 1 (D) A party state may be excluded from this compact 2 by a two-thirds vote of the commission members, acting 3 disposal facility, as determined by the commission or the 3 in a meeting,if the state to be excluded has failed to carry 4 host state. 4 out any obligations required by compact.

5 5 (E) This compact shall take effect upon the 6 Article 7. Eligibility, Entry into Effect, Congressional 6 enactment by statute by the legislatures of the State of 7 Consent, Withdrawal, Exclusion A A 7 California and at least one other eligible state and upod 8 v 'W 8 the consent of Congress and shall remain in effect until 9 (A) The States of Arizona, North Dakota, South 9 otherwise provided by federal law. This compact is 10 Dakota, and California are eligible to become parties to 10 subject to review by Congress and the withdrawal of the 11 this compact. Any other state may be made eligible by a 11 consent of Congress every five years after its effective 12 majority vote of the commission and ratification by the 12 date, pursuant to federal law.

13 legislatures of all of the party states by statute, and upon 13 14 compliance with those terms and conditions for eligibility 14 Article 8. Construction and Severability 15 which the host state may establish. 15 16 (B) Upon compliance with the other provisions of this 16 (A) The provisions of this compact shall be broadly 17 compact, an eligible state may become a party state by 17 construed to carry out the purposes of the compact, but 18 legislative enactment of this compact or by executive 18 the sovereign powers of a party state shall not be 19 order of the governor of the state adopting this compact. 19 infringed unnecessarily.

20 A state becoming a party state by executive order shall 20 (B) This compact does not arTect any judicial 21 cease to be a party state upon adjournment of the first O 4 21 proceeding pending on the effective date of this 22 compact.

22 general session of its legislature convened after the 23 executive order is issued, unless before the adjournment 23 (C) If any provision of this compact or the application 24 the legislature enacts this compact. The host state may 24 thereof to any person or circumstances is held invalid, 25 establish all terms and conditions for the entry of any g gg 25 that invalidity shall not affect other provisions or 26 state, other than the states named in this subparagraph, 26 applications of the compact which can be given effect 27 as a member of this compact. 27 without the invalid provision or application, and to this 28 (C) A party state, other than the host state, may 28 end the provisions of this compact are severable.

29 withdraw from the compact by repealing the enactment 29 (D) Nothing in this compact diminishes or otherwise 30 of this compact, but this withdrawal shall not become 30 impairs the jurisdiction, authority, or discretion of either

31. effective until two years after the effective date of the 31 of the following:

32 repealing legislation. If a party state which is a major 32 (1) The Nuclear Regulatory Commission pursuant to 33 generator of low-level radioactive waste voluntarily 33 the Atomic Energy Act of 1954, as amended (42.U.S.C.

34 withdraws from the compact pursuant to this subdivision, g 35 that state shall make arrangements for the disposal of the

) 34 Sec. 2011 et seq.).

35 (2) An agreement state under Section 274 of the 36 other party states' low-level radioactive waste for a time 36 Atomic Energy Act of 1954, as amended (42 U.S.C. Sec.

37 period equal the period of time it was a member of this 37 2021). .

38 compact. If the host state withdraws from the compact, 38 (E) Nothing in this compact confers any new 39 the withdrawal shall not become effective until five years 39 authority on the states or commission to do any of the 40 following:

40 after the effective date of the repealing legislation.

g ,g W 310 M 330

'O Y S3 1170 .

1 (1) Regulate the packaging or transportation of g 2 radioactive waste in a manner inconsistent with the j .

' 8 3 r:gulations of the Nuclear Regulatory Commission or the 4 United States Department of Transportation. .

5 (2) Regulate health, safety, or environmental hazards . . . .

s . '

6 from source, byproduct, or special nuclear material. - -

'7 (3) Inspect the activities oflicensees of the agreement 8 st:tes or cf the Nuclear Regulatory Commission.

g g -

9 25879.9. Notwithstanding Section 25879.8, authoriy .

10 for on-highway routing and enforcement relating to -

-l , ..

11 low-level radioactive waste shall, pursuant to other . ,

- ' I 12 provision: of law, remain with the Department of the ' ' '

,r -

13 California Highway Patrol for low-level radioactive waste .L , . ..r - ,

14 g:nesated from, and shipments into, California.

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15 - 25Fl9.10. Notwithstanding Section 25879.8, authority .', .

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16 f:r rail transportation routing and enforcement relating *- ' ' ' ' '

17 to low-level radioactive waste shall remain with the .- - '

g 18 Public Utilities Commission pursuant to the Public <

19 Utilities Act (Part 1 (commencing with Section 201) of .

20 Divi;ica 1 of the Public Utilities Code) for low-level a W m W

21 radioactive waste generated from, and shipped into, -

22 California. . . ii ,

- . ^; -

SEC.2. No reimbursement is required by this act '?

23 -

24 pursuant to Section 6 of Article XIIIB of the California .

- * ir l' 25 Constitution 'because the only costs which may be '

/ '

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26 incurred by a local agency or school district will be e. ' '

a *

l 27 incurred because this act creates a new crime or .. '-

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28 infraction, changes the definition of a crime or infraction, " ~'

f 29 changes the penalty for a crime or infraction, or

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30 chminates a crime or infraction. ' > - *- '

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1. O AMENDED IN ASSEMBLY MAY 6,1987 AMENDED IN ASSEMBLY MAY 4,1987 0 ) AMENDED IN ASSEMBLY APRIL 8,1987 CALIFORNIA LEGISLN111RE-1987-88 RECULAR SESSION ASSEMBLY BILL No.1000 03 Introduced by Assembly Member Peace (Principal coauthor: Senator. Bergeson)

February 26,1987 An act to add Article 17 (commencing with Section 25877) to Chapter 7.6 of Division 20 of the Her.Ith and Safety Code,

, relating to radioactive waste.

)

O LEGISLAUVE COUNSELS DICEST

AB 1000, as amended, Peace. Low-levelradioactive waste disposal

compact.

)

$ (1) Under the federal Low-Level Radioactive Waste Policy Amendments Act of 1985, states are authorized to enter into inter: tate compacts to provide for the establishment and operation of regional disposal facilities for low-level radioactive waste.

Existing law also requires the Governor to enter into an agreement or compact with other states, or into an agreement with compacts, for the purpose of establishing or maintammg access to land disposal facilities, and specifies that the g . } agreement or compact may include a provision ~ concerning the reciprocal access to California permanent disposal facilities by the other parties to the agreement or compact.

. Existing law requires the ratification by statute by the Legislature of any agreement that proposes membership for California in a compact made pursuant to the federal act, or

, g ] any agreement that includes a reciprocal access provision.

y

o .

AB 1000 AD 1000 This bill would enact and ratify the Southwestern O O The people of the State of California do enact as follows Low-Level Radioactive Waste Disposal Compact, which would become effective when the legislatures of the State of 1 SEC1 ION 1. Article 17 (commencing with Section California and at least one other eligible state enact this 2 25877) is added to Chapter 7.6 of Division 20 of the Health compact, as specified, and the compact is ratified by Congress. 3 and Safety Code, to read:

The compact would provide that the States of California, 4 s Arizona, North Dakota, and South Dakota are eligible to3 become parties to the compact and that any other states may - g5 6 Article 17. Southwestern Low-Level Radioactive Waste Disposal Compact be made eligible, as specified. 7 The compact would provide for the establishment of a 8 25877. The Legislature of the State of California Southwestern Low-Level Radioactive Waste Commission and 9 hereby enacts and ratifies the agreement set forth in would specify the commission's powers and duties. The 10 Section 25878 and designated as the " Southwestern compact would require California to serve as the host state for 11 Low-Level Radioactive Waste Disposal Compact," which siting and developing a regional low-level radioactive waste 12 is entered into pursuant to the Low-Level Radioactive disposal facility for at least 30 years after the date when the 13 Waste Policy Act, as amended by the Low-Level facility begins accepting low-level radioactive waste. Each 14 Radioactive Waste Policy Amendments Act of 1985 (42 state party to the compact would be required to develop 15 U.S.C. Sec. 2021b to 2021J, incl.). This compact shall procedures and take specified actions concerning violations of 16 become effective in accordance with Article 7 of the low-level radioactive waste transportation regulations. The 17 compact as set forth in Section 25878.

bill would create a new crime by making unlawful the disposal _ _ 18 25878. The provisions of the Southwestern Low-Level of low-level radioactive waste, except as specified, thereby M imposing a state-mandated local program. $ 19 Radioactive Waste Disposal Compact are as follows:

20 The compact would provide that only low-level radioactive 21 Article 1. Compact Policy and Formation waste, as defined, generated within the region may be 22 disposed of at a regional disposal facility, except as specified. @

The bill would require the State Department of IIcalth

$ 23 The party states hereby find and declare all of the 24 following:

Services to adopt regulations specifying the modes of 25 (A) The United States Congress, by enacting the transportation required to be used by generators to transport 26 Low-Level Radioactive Waste Policy Act, Public Law low-level radioactive waste, thereby imposing a 27 96-573, as amended by the Low-Level Radioactive Waste state-mandated local program, as a violation of these 28 Policy Amendments Act of 1985 (42 U.S.C. Sec. 2021b to regulations would be a misdemeanor pursuant to other 29 2021j, incl.), has encouraged the use of interstate provisions of law. 30 compacts to provide for the establishment and operation (2) The California Constitution requires the state to 31 of facilities for regional management of low-level icimburse local agencies and school districts for certain costs g j' 32 radioactive waste.

mandated by the state. Statutory provisions establish 33 (B) It is the purpose of this compact to provide the procedures for making that reimbursement. 34 means for such a cooperative effort between or among This bill would provide that no reimbursement is required 35 party states to protect the citizens of the states and the by this act for a specified reason. 36 states' environments.

Vote: majority. Appropriation: no. Fiscal committee: yes. 37 (C) It is the policy of party states to this compact to State-mandated local program: yes.

g g 38 encourage the reduction of the volume of low-level

, 96 m en m

AD 1000 AD 1000 1 r;-dm -tive waste requiring disposal within the compact O O1 political subdivision of a party state, in which a regional 2 region. 2 disposal facility is located or being developed.

3 (D) It : the policy of the party states that the 3 (G) " Host state" means a party state in which a 4 protection o. N health and safety of their citizens and 4 regional disposal facility is located or being developed.

5 the most ecolog cal and economical management of 5 The State of California is the host state under this 6 low-level radioacto wastes can be accomplished 6 compact for the first 30 years from the date the California 7 through cooperation i the states by minimizing the g 8 cynount of handling ad transportation required to g 7 regional disposal facility commences operations.

8 (H) " Institutional control period" means that period 9 dispose of these wastes and by providing facilities that 9 of time in which the facility license is transferred to the 10 serve the compact region. 10 disposal site owner in compliance with the appropriate 11 (E) Each party state,if an acreement state pursuant to 11 regulations for long-term observation and maintenance 12 Section 2021 of Title 42 of the ; 'nited States Code, or the 12 following the postclosure period.

13 Nuclear Regulatory Commiss. n if not an agreement 13 (I) " Low-level radioactive waste" means regulated 14 stste, is responsible for the crimary regulation of 14 radioactive material that meets all of the following 15 radioactive materials within its jt -isdiction. 15 requirements:

16 16 (1) The waste is not high-level radioactive waste, 17 Article 2. Definit. ns 17 spent nuclear fuel, or byproduct material (as defined in 18 18 Section 11e(2) of the Atomic Energy Act of 1954 (42 19 As used in this compact, unless the context clearly 19 U.S.C. Sec. 2014(e)(2))).

20 indicates otherwise, the following definitions apply: 20 (2) The waste is not uranium mining or mill tailings.

21 (A) " Commission" 22 Low-Level Radioactive Waste Commission established in means the Southwestern $ $ 21 (3) The waste is not any waste for which the federal 22 government is responsible pursuant to subdivision (b) of 23 Article 3 of this compact. 23 Section 3 of the Low-Level Radioactive Waste Policy 24 (B) " Compact region" or " region" means the 24 Amendments Act of 1985 (42 U.S.C. Sec. 2021c(b)).

25 combined geographical area within the boundaries of the $

26 party states.

$ 25 (4) The waste is not an alpha emitting transuranic 26 nuclide with a half-life greater than five years and with 27 (C) " Disposal" means the permanent isolation of 27 a concentration greater than'100 nanocuries per gram, or 28 low-level radioactive waste pursuant to requirements 28 Plutonium-241 with a concentration greater than 3,500 29 established by the Nuclear Regulatory Commission and 29 nanocuries per gram, or Curium-242 with a concentration 30 the Environmental Protection Agency under applicable 30 greater than 20,000 nanocuries per gram.

31 laws, or by a party state if that state hosts a disposal 31 (J) " Management" means collection, consolidation, 32 facility. 32 storage, packaging, or treatment.

33 - (D) " Generate," when used in relation to low-level

~ 33 (K) " Major generator state" means a party state which

, 34 radioactive waste, means to produce low-level g g 34 generates 10 percent of the total amount of low-level

35 radioactive waste. 35 radioactive waste produced within the compact region l 36 (E) " Generator" means a person whose activity, 36 and disposed of at the regional disposal facility.

l 37 cxcluding the management of low-level radioactive 37 If no party state other than California generates at least 38 waste, results in the production of low-level radioactive 38 10 percent of the total amount, " major generator state" 39 waste. 39 means the party state which is second to California in the 40 (F) " Host county" means a county, or other similar g g 40 amount of waste produced within the compact region ,

96 100 96 ISO

AD 1000 AD 1000 1 and disposed of at the regional disposal facility. h 6 1 appointing authority of each party state shall notify the 2 commission in writing of the identity of the member and 2 (L) " Operator" means a person who operates a 3 regional disposal facility. 3 of any alternates. An alternate may act in the member's 4 (M) " Party state" means any state that has become a 4 absence.

5 party in accordance with Article 7 of this compact. 5 (2) The host state shall also appoint that number of 6 (N) " Person" means an individual, corporation, 6 additional voting members of the commission which is 7 partnership, or other legal entity, whether public or g g 7 necessary for the host state's members to compose at least 8 51 percent of the membership on the commission. The 8 private. 9 host state's additional members shall be appointed by the 9 (O) "Postclosure period" means that period of time 10 after completion of closure of a disposal facility during 10 host state Governor and confirmed by the host state 11 which the licensee shall observe, monitor, and carry out 11 Senate.

12 necessary maintenance and repairs at the disposal facility 12 If there is more than one host state, only the state in 13 to assure that the disposal facility will remain stable and 13 which is located the regional disposal facility actively 14 will not need ongoing active maintenance. This period 14 accepting low-level radioactive waste pursuant to this 15 ends with the beginning of the institutional control 15 compact may appoint these additional members.

16 period. 16 (3) If the host county has not been selected at the time 17 (P) " Regional disposal facility" means a nonfederal 17 the commission is appointed, the Governor of the host 18 low-level radioactive waste disposal facility established 18 state shall appoint an interim local government member, 19 and operated under this compact. 19 who shall be an elected representative of a local 20 government. After a host county is selected, the interim 20 (Q) " Site closure and stabilization" means the 21 activities of the disposal facility operator taken at the end $)

22 of the disposal facility's operating life to assure the

$ 21 local government member shall resign and the Governor 22 shall appoint the host county member pursuant to 23 continued protection of the public from any residual 23 paragraph (4).

24 (4) The Governor shall appoint the host county 24 radioactivity 25 disposal or other potential hazards present at the $)

facility. $ 25 member from a list of at least seven candidates compiled 26 by the board of supervisors of the host county.

26 (R) " Transporter" means a person who transports 27 low-level radioactive waste. 27 (5) In recommending and appointing the host county 28 (S) " Uranium mine and mill tailings" means waste 28 member pursuant to paragraph (4), the board of 29 resulting from mining and processing of ores containing 29 supervisors and the Governor . shall give first 30 uranium. 30 consideration to recommending and appointing the 31 member of the board of supervisors in whose district the 31 32 Article 3. The Commission 32 regional disposal facility is located or being developed. If 33 33 the board of supervisors of the host county does not 34 (A) There is hereby established the Southwestern g; g 34 provide a list to the Governor of at least seven candidates 35 from which to choose, the Governor shall appoint a 35 Low-Level Radioactive Waste Commission.

36 (1) The commission shall consist of one voting 36 resident of the host county as the host county member.

37 member from each party state to be appointed by the 37 (6) The host county member is subject to confirmation 38 Governor, confirmed by the Senate of that party state, 38 by the Senate of that party state and shall serve at the 39 and to serve at the pleasure of the Governor of each party 39 pleasure of the Governor of the host state.

40 state, and one voting member from the host county.The gj g 40 (B) The commission is a legal entity separate and 96 150

~

96 130

AD 1000 AD 1000 1 distinct from the party states and shall be so liable for its 6 $1 impose, the surcharge after congressional approval of the 2 actions. Members of the commission shall not be 2 compact. The amount of the surcharge shall be sufficient 3 personally liable for actions taken in their official 3 to establish and maintain at a reasonable level funds for 4 ccpacity. The liabilities of the commission shall not be 4 all of the following purposes:

5 deemed liabilities of the party states. 5 (a) The activities of the commission and commission 6 (C) The commission shall conduct its business affairs 6 staff.

7 pursuant to the laws of the host state and disputes arising 8 out ofcommission action shall be governed by the laws of g 'g 7 (b) At the discretion of the host state, a third-party 8 liability fund to provide compensation for injury to 9 the host state. The comrmssion shall be located in the 9 persons or property during the operational, closure, 10 capital city of the host state in which the regional disposal 10 stabilization, and postclosure and institutional control 11 facility is located. 11 periods of the regional disposal facility. This 12 (D) The commission's records shall be subject to the 12 subparagraph does not limit the responsibility or liability 13 host state's public records law, and the meetings of the 13 of the operator, who shall comply with any federal or host 14 commission shall be open and public in accordance with 14 state statutes or regulations regarding third-party liability 15 the host state's open meeting law. 15 claims.

16 (E) The commission members are public officials of 16 (c) A local government reimbursement fund, for the 17 the appointing state and shall be subject to the conflict of 17 purpose of reimbursing the local government entity or 18 interest laws, as well as any other law, of the appointing 18 entities hosting the regional disposal facility for any costs

19 st

.te. The commission members shall be compensated 19 or increased burdens on the local governmental entity for 20 according to the appointing state's law. 20 services, including, but not limited to, general fund 21 (F) Each commission member is entitled to one vote. $

22 A majority of the commission constitutes a quorum.

$ 21 expenses, the improvement and maintenance of roads 22 and bridges, fire pro.tection, law enforcement, 23 Unless otherwise provided in this compact, a majority of 23 monitoring by local health officials, and emergency 24 the total number of votes on the commission is necessary 24 preparation and response related to the hosting of the 25 for the comnussion to take any action.

26 (G) The commission has all of the following duties and h 4 25 regional disposal facility.

26 (4) The surcharges imposed by the commission for 27 authority: 27 purposes of subparagraphs (b) and (c) of paragraph (3) 28 (1) The commission shall do, pursuant to the authority 28 and surcharges pursuant to paragraph (3) of subdivision 29 granted by this compact, whatever is reasonably 29 (E) of Article 4 shall be transmitted on a monthly basis 30 necessary to ensure that low-level radioactive wastes are 30 to the host state for distribution to the proper accounts.

31 safely disposed of and managed within the region. 31 (5) The commission shall establish a fiscal year which 32 - (2) The commission shall meet at least once a year and 32 conforms to the fiscal years of the party states to the 33 otherwise as business requires. 33 extent possible.

34 - (3) The commission shall establish a compact g g 34 (6) The commission shall keep an accurate account of 35 surcharge to be imposed upon party state generators. The 35 all receipts and disbursements. An annual audit of the 36 surcharge shall be based upon the cubic feet oflow-level 36 books of the bened commission shall be conducted by an 37 radioactive waste and the radioactivity of the low-level 37 independent certified public accountant, and the audit 38 radioactive waste and shall be collected by the operator 38 report shall be made a part of the annual report of the 39 of the disposal facility. 39 commission.

40 The host state shall set, and the commission shall g g 40 (7) The commission shall prepare and include in the sa no a iso

AD 1000 AB 1000 1 annual report a budget showing anticipated receipts and C ~) I committees for the purpose of advising the commission 2 disbursements for the subsequent fiscal year. 2 on the disposal and management oflow-level radioactive 3 (8) The commission may accept any grants, 3 waste.

4 equipment, supplies, materials,'or services,conditionalor 4 (14) The commission may enter into contracts to carry 5 otherwise, from the federal or state government. The 5 out its duties and authority, subject to projected 6 nature, amount and condition, if any, of any donation, 6 resources. No contract made by the commission shall 7 grant, or other resources accepted pursuant to this A 7 bind a party state.

8 paragraph and the identity of the donor or grantor shall u 8 (15) The commission shall prepare contingency plans, 9 be detailed in the annual report of the commission. 9 with the cooperation and approval of the host state, for 10 llowever, the host state shall receive, for the uses 10 the disposal and management of low-level radioactive 11 specified in subparagraph (E) of paragraph (2) of 11 waste in the event that any regional disposal facility 12 subsection (d) of Section 2021e of Title 42 of the United 12 should be closed.

13 Stctes Code, any payments paid from the special escrow 13 (16) 'Ihe commission may sue and be sued and, when 14 account for which the Secretary of Energy is trustee 14 authorized by a majority vote of the members, may seek 15 pursuant to subparagraph (A) of paragraph (2) of 15 to intervene in an admini=trative orjudicial proceedmg 16 subsection (d) of Section 2021 (e) of Title 42 of the 16 related to this compact.

17 United States Code. 17 (17) The commission shall be managed by an 18 (9) The commission shall submit communications to 18 appropriate staff, including an executive director.

19 the governors and to the presiding officers of the 19 Notwithstanding any other provision of law, the 20 legislatures of the party states regarding the activities of 20 commission may hire or retain, or both, legal counsel.

21 the commission, including an annual report to be 22 submitted on or before January 15 of each year. The g Q 21 (18) The commission may, subject to applicable 22 federal and state laws, recommend to the appropriate 23 commission shall include in the annual report a review of, 23 host state authority suitable land and rail transportation 24 and recommendations for weste disposal r.d.d,, 24 routes for low-level radioactive waste carriers.

25 low-level radioactive waste disposalmethods which are 26 alt:rnative technologies to the shallow land burial of

$ Q 25 (19) The commission may enter into an agreement to 26 import low-level radioactive waste into the region only if 27 low-level radioactive waste. 27 both of the following requirements are met:

28 (10) The commission shall assemble and make 28 (a) The commission approves the importation 29 cvailable to the party states, and to the public, 29 agreement by a two-thirds vote of the commission.

30 information concerning low-level radioactive waste 30 (b) The commission and the host state assess the 31 ruanagement needs, technologie;, and problems. 31 affected regional disposal facilities' capability to handle 32 - (11) The commission shall keep a current inventory of 32 imported low. level radioactive wastes and any relevant 33 all generators within the region, based upon information 33 environmental or economic factors, as defined by the 34 previded by the party states.

35 (12) The commission shall keep a current inventory of g y 34 host state's appropriate regulatory authorities.

35 40% %e eemmission moy; upon pc::::;n, allow en 36 all regional disposal facilities, including information on 36 indevedual gc .c.c:n oc geoup of;;;sc:en in the respen 37 the size, capacity, location, specifie low-level radioactive 37 te empert westes te a weste despesal feedety Es:cd 38 wastes capable of being managed, and the projected 38 cuidd the respen: %e eemmismen may approve such a 39 useful life of each regional disposal facility. 39 petetien only by a twe/tiseds vote of the eemmission:%is 40 (13) The commission may establish advisory Q, g 40 peemission to empeet westes shall be c."u:.cc fee that 96 300 96 211

AB 1000 AD 1000 I peeted of time end fee the amount of !cwScvc! weste; and O 2 ;ubject te any ethee term er eendetion; which may be

$ 1 State of California shall serve as the host state and shall 2 comply with the requirements of subdivision (E) for at 3 dc:c;m' .cd by the eemmissien- 3 least 30 years from the date the regional weste disposal 4 (BR The eemmewen may cpp cre, only by a 4 facility begins to accept low-level radioactive waste for 5 twc' third: vote of the eemmissien; the cupcr:ctica 5 disposal. The extension of the obligation and duration 6 cut;ide the cegien of any lcv Scvc! rcdicc tivc weste that 6 shall be at the option of the State of Cahfornia.

7 the dc;igccicd rcgicnd dhpad fcc:My is not hecn;cd te /h 7 If the State of Cahfornia does not extend this obligation, 8 ceeeive. W 8 the party state, other than the State of Cahfornia, which 9 (20) The commission may, upon petition, allow an 9 is the largest major generator state shall then serve as the 10 individual generator, s group ofgenerators, or the host 10 host state for the second regional disposal facility.

11 st:te of the compact, to export low-level radioactive 11 The obligation of a host state which hosts the second

> 12 wastes to a low-level radioactive waste disposal facility 12 regional disposal facility shall also run for 30 years from 13 located outside the region. The comnussion may approve 13 the date the second regional disposal facility begins 14 the petition only by a two-thirds vote of the commission. 14 operations.

15 The pernussion to export low-level radioactive wastes 15 (2) The host state may close its regional disposal 16 shall be e/Tective for that period of time and for the 16 facility when necessary for public health or safety.

17 amount oflow-levelradioactive waste, andsubject to any 17 (D) The party states of this compact cannot be 18 other term or condition, which may be determined by 18 members of another regionallow-level radioactive waste 19 the commission. 19 compact entered into pursuant to the Low-Level 20 (21) The commission may approve, only by a 20 Radioactive Waste Policy Act, as amended by the 21 two-thirds vote of the commission, the exportation g ig 21 Low-Level Radioactive Waste Policy Amendments Act of 22 1985 (42 U.S.C. Secs. 2021b to 2021j, incl.).

22 outside the region of material, which otherwise meets the 23 criteria oflow-level radioactive waste,if the sole purpose 23 (E) A host state shall do all of the following:

24 of the exportation is to process the material for recycling. 24 (1) Cause a regional disposal facility to be developed 25 (22) The commission shall, not later than 10 years g  ;$ 25 on a timely basis.

26 before the closure of the initial or subsequent regional 26 (2) Ensure by law, consistent with any applicable 27 disposal facility, prepare a plan for the establishment of 27 federal laws, the protection and preservation.of public 28 the next regional disposal facility. 28 health and safety in the siting, design, development, 29 - 29 licensing, regulation, operation, closure, 30 Article 4. Rights, Responsibilities, and Obligations of 30 decommissioning, and long-term care of the regional 31 ~ Party States - 31 disposal facilities within the state.

32 : 32 (3) Ensure that charges for disposal of low-level 33 _ (A) There shall be regional disposal facilities sufficient 33 radioactive waste at the regional disposal facility are 34 to dispose of the low-level radioactive waste generated g g 34 - reasonably sufficient to do all of the following:

35 within the region. 35 (a) Ensure the safe disposal oflow-level radioactive 36 (B) Low-level radioactive waste generated within the 36 waste and long-term care of the regional disposal facility.

37 r:gion shall be disposed of at regional disposal facilities 37 (b) Pay for the cost of inspection, enforcement, and 38 and each party state shall have access to any regional 38 surveillance activities at the regional disposal facility.

39 disposal facility without discrimination. 39 (c) Assure that charges are assessed without 40 (C) (1) Upon the effective date of this compact, the g g 40 discrimination as to the party state of origin.

a sao a sso '

AD 1000 ,

AD 1000 1 (4) Submit an annual report to the commission on the Q I low-level radioactive waste and the class of low-level 2 st-tus of the regional disposal facility including ) 2 radioactive waste generated by each generator.

3 projections of the facility's anticipated future capacity. 3 (5) Each party state shall encourage generators within 4 (5) The host state and the operator shall notify the 4 its borders to minimize the volume of low-level 5 commission immediately upon the ocurrence of any 5 radioactive waste requiring disposal.

6 ev:nt which could cause a possible temporary or 6 (6) Each party state may rely on the good faith 7 permanent closure of a regional disposal facility. /1 7 performance of the other party states to perform those 8 (F) Each party state is subject to the following duties -

W 8 acts which are required by this compact to provide 9 and authority: 9 regional disposal facilities, including the use of the 10 (1) To the extent authorized by federal law, each 10 regional disposal facilities in a manner consistent with 11 party state shall develop and enforce procedures 11 this compact.

1 12 requiring low-level radioactive waste shipments 12 (7) Each party state shall provide the commission with l

13 criginating within its borders and destined for a regional 13 any data and information necessary for the 14 disposal facility to conform to packaging and 14 implementation of the commission's responsibilities, I 15 transportation requirements and regulations. These 15 including tcking those actions necessary to obtain this 16 procedures shall include, but are not limited to, all of the 16 data or information.

17 fcllowing requirements: 17 (8) Each party state shall agree that only low-level 18 (a) Periodic inspections of packaging and shipping 18 radioactive waste generated within thejurisdiction of the 19 practices. 19 party states shall be disposed ofin the regional disposal 20 (b) Periodic inspections oflow-level radioactive waste 20 facility, except as provided in paragraph (19) of 21 containers while in the custody of transporters.

22 (c) Appropriate enforcement actions with respect to g @ 2122 subdivision (G) of Article 3.

(9) Each party state shall agree that if there is any 23 violations. 23 injury to persons on property resulting from the 24 (2) A party state may impose a surcharge on the 24 operation of a regional disposal facility, the damages

25 low-levelradioactive waste generators within the state to @ (j 25 resulting from the injury may be paid from the 26 pay for activities required by paragraph (1). 26 third-party liability fund pursuant to subparagraph (b) of 1 27 (3) To the extent authorized by federal law, each 27 paragraph (3) of subdivision (C) of Article 3, only to the 28 party state shall, after receiving notification from a host 28 extent that the damages exceed the limits of liability 29 st te that a person in a party state has violated packaging, 29 insurance carried by the operator. No party state, by 30 shipping, or transportation requirements or regulations, 30 joining this compact, assumes any liability resulting from 31 take appropriate actions to ensure that these violations do 31 the siting, operation, maintenance, long-term care, or 32 tot continue. Appropriate actions may include, but are 32 other activity relating to a regional facility, and no party 33 not limited to, requiring that a bond be posted by the 33 state shall be liable for any harm or damage resulting 34 violator to pay the cost of repackaging at the regional 35 disposal facility and prohibit future shipments to the g g 34 from a regional facility not located within the state.

35 36 regional disposal facility. 36 Article 5. Approval of Regional Facilities 37 (4) Each party state shall maintain a registry of all 37 38 g:nerators within the state that may have low-level 38 A regional disposal facility shall be approved by the 39 radioactive waste to be disposed of at a regional disposal 39 host state in accordance with its laws. This compact does 40 facility, including, but not limited to, the amount of g g 40 not confer any authority on the commission regarding

. 96 270 96 290

AD 1000 AD 1000 1 the siting, design, development, licensure, or other O 3 1 order of the governor of the state adopting this compact.

2 A state becoming a party state by executive order shall 2 regulation, or the operation, closure, decommissioning, 3 or long-term care of, any regional disposal facility within 3 cease to be a party state upon adjournment of the first 4 o party state. 4 general sesion of its legislature convened after the 5 5 executive order is issued, unless before the adjournment 6 Article 6. Prohibited Acts and Penalties 6 the legislature enacts this compact.

7 8 (A) No person shall dispose of low-level radioactive g .g 7 (C) A party state, other than the host state, may 8 withdraw from the compact by repealing the enactment 9 waste within the region unless the disposalis at a regional 9 of this compact, but this withdrawal shall not become 10 disposal facility, except as otherwise provided in 10 effective until two years after the effective date of the 11 repealing legislation. If a party state which is a major 11 paragraphs (20) and (21) of subdivision (G) of Article 3.

12 (B) No person shall dispose of or manage any low-level 12 generator of low-level radioactive waste voluntarily 13 withdraws from the compact pursuant to this subdivision, 13 radioactive waste within the region unless the low-level 14 radioactive waste was generated within the region, 14 that state shall make arrangements for the disposal of the 15 except as provided in paragraphs (19), (20), and (21) of 15 other party states' low-level radioactive waste for a time 16 subdivision (G) of Article 3. 16 period equal the period of time it was a member of this 17 (C) Violations of this section shall be reported to the 17 compact. '

18 eppropriate law enforcement agency within the party 18 If the host state withdraws from the compact, the 19 state'sjurisdiction. 19 withdrawal shall not become effective until five years 20 (D) Violations of this section may result in prohibiting 20 after the effective date of the repealing legislation.

21 the violator from disposing of low-level radioactive waste $ @ 21 (D) A party state may be excluded from this compact 22 in the regional disposal facility, as determined by the 22 by a two-thirds vote of the commission members, acting 23 commission or the host state. 23 in a meeting,if the state to be excluded has failed to carry 24 24 out any obligations required by compact.

25 Article 7. Eligibility, Entry into Effect, Congressional 26 Consent, Withdrawal, Exclusion

$ M 25 (E) This compact shall take effect upon the 26 enactment by statute by the legislatures of the State of -

27 27 California and at least one other eligible state and upon 28 (A) The States of Arizona, North Dakota, South 28 the consent of Congress and shall remain in effect until 29 Dakota, and California are eligible to become parties to 29 otherwise provided by federal law. This compact is 30 Jhis compact. Any other state may be made eligible by a 30 subject to review by Congress and the withdrawal of the 31, majority vote of the commission and ratification by the 31 consent of Congress every five years after its effective 32 Jegislatures of all of the party states by statute, and upon 32 date, pursuant to federal law.

33 compliance with those terms and conditions for eligibility 33 34 which the host state may establish. The host state may g 'j

( 34 Article 8. Construction and '

Severability 35 establish all terms and conditions for the entry of any 35 36 st-te, other than the states named in this subparagraph, .36 (A) The provisions of this compact shall be broadly 37 as a member of this compact. 37 construed to carry out the purposes of the compact, but 38 (B) Upon compliance with the other provisions of this 38 the sovereign powers of a party state shall not be 39 compact, an eligible state may become a party state by 39 infringed unnecessarily.

,40 legislative enactment of this compact or by executive g g 40 (B) This~ compact does not affect any judicial MW MM

y-377 }n . ,

&M

-- AB 1000-AB 1000 -

1 ' generated from, and shipped into, California. .

1 proceeding pending on the effective ~ date of this Q~ ]~ 2 25878.3. 'Ihe department shall adopt regulations 2 compact.. 3 specifying the modes of transportation which are most 3 (C) If any provision of this compact or the application 4 protective of public health and the environment which -

4 thereof to any person or circumstances is held invalid, '

.5 shall be used by generators to transport low-level 5 that invalidity .shall not affect other provisions or - . -

' 6 radioactive waste within the state.

6 applications of the compact which can be given effect ,q 7 SEC.2. No:reimburnamarit is required by this act-7 without the invalid provision or application, and to this = -

W 8 pursuant to Section 6 of Article XIIIB of the California 8 end the provisions of this compact are severable. 9 Constitution because the only costs which may be 4 9 (D) Nothing in this connact dimininhas or otherwise 10 incurred by a local agency or school district will be l 10 impairs thejurisdiction, aut writy, or discretion of either _- -

11' incurred' because this act creates a new crime or 11 of the following: 12 infraction, char a the definition of a crime or infraction, 12 (1) The Nuclear Regulatory Cammi aion pursuant to 13 changes the penalty for a crime . or infraction,. or 13 the Atomic Energy Act of 1954, as amended (42 U.S.C. -

14 eliminates a enme or infraction.

14 Sec. 2011 et seq.).

15 .(2) An agreement state under Section 274 of the 16 Atomic Energy Act of 1954, as amended (42 U.S.C. Sec.

17 2021). -

18 (E) Nothing in this compact confers any new -

19 tuthority on the states or commission to do any of the 20 fallowing:

l 21 (1) Regulate the packaging or transportation of g @ '

22 low-leve1 radioactive waste in a manner inconsistent with '

23 the regulations of the Nuclear Regulatory Commission or ,

24 the United States Department of Transportation. ,-

i 25 (2) Regulate health, safety, or environmental hazards @ )

26 from source, byproduct, or special nuclear material.

27 (3) Inspect the activities of h== of the agreement .

28 states or of the Nuclear Regulatory Commission. -O~

29 25878.1. Notwithstanding Section 25878, authority for '

30 cn-highway routing and enforcement relating to 31 low-level radioactive waste shall, pursuant to other .

32 provisions of law, remain with the Department of the 33 California Highway Patrol for low-level radioactive waste 34 generated from, and shipments into, California.

25878.2. Notwithstanding Section 25878, authority for g Q 35 36 rail transportation routing and enforcement relating to .

37 low-level radioactive waste shall remain with the Public 38 Utilities Commission pursuant to the Public Utilities Act 39 (Part 1 (commencing with Section 201) of Division 1 of 40 the Public Utilities Code) for low-level radioactive waste g SS 380 -

e WY

_