Review of New York State Low-Level Radioactive Waste Siting Process (1996) / Chapter Skim
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H: Federal and New York State Low-Level Radioactive Waste Management Acts
H: Federal and New York State Low-Level Radioactive Waste Management Acts
Pages 209-250
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From page 209... ...
3. New York State Low-Level Radioactive Waste Management Act.
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From page 210... ...
The term "disposal" means the isolation of low-level radioactive waste pursuant to requirements established by the Nuclear Regulatory Commission under applicable laws.
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From page 211... ...
After January 1, 1986, any such compact may restrict the use of the regional disposal facilities under the compact to the disposal of lowlevel radioactive waste generated within the region. (bill)
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From page 212... ...
H.4 REFIEW OF AS SITING PROCESS (2) In carrying out this subsection, the Secretary shall consult with the Governors of the States, the Nuclear Regulatory Commission, the Environmental Protection Agency, the United State Geological Survey, and the Secretary of Transportation, and such other agencies and departments as he finds appropriate.
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From page 213... ...
AGREEMENT STATE- The term 'agreement State' means a State that "(A) has entered into an agreement with the Nuclear Regulatory Commission under section 274 of the Atomic Energy Act of 1954 (42 U.S.C.
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From page 214... ...
SITED COMPACT REGION. The term 'sited compact region' means a compact region in which there is located one of the regional disposal facilities at Barnwell, in the State of South Carolina; Richland, in the State of Washington; or Beatty, in the State of Nevada.
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From page 215... ...
"~2) No regional disposal facility may be required to accept for disposal any material "(A)
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From page 216... ...
, the States may enter into such compacts as may be necessary to provide for the establishment and operation of regional disposal facilities for low-level radioactive waste.
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From page 217... ...
FEDERAL LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES. Any low-level radioactive waste disposal facility established or operated exclusively for the disposal of low-level radioactive waste owned or generated by the Federal Government shall not be subject to any compact or any action taken under a compact.
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From page 218... ...
I'(A) During the seven-year period beginning January 1, 1986 and ending December 31, 1992, low-level radioactive waste generated within a sited compact region shall be accorded priority under this section n the allocation of available disposal capacity at a regional disposal facility referred to in paragraphs (1)
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From page 219... ...
BARNWELL, SOUTH cARo~rNA.-The State of South Carolina, in accordance with the provisions of its compact, may limit the volume of low-level radioactive waste accepted for disposal at the regional disposal facility located at Barnwell, South Carolina to a total of 8,400,000 cubic feet of low-level radioactive waste during the ~ ' 'em' ' 7-year period beginning January 1, 1986,. and ending December 31, 1992 (as based on an average annual volume of 1,200,000 cubic feet of low-level radioactive waste)
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From page 220... ...
received by a reactor during the transition period or the licen. sing period may be used at any time after such reactor receives its full power license or after the beginning of the pertinent period, whichever is later, but not in any event after December 31, 1992, or after commencement of operation of a regional disposal facility in the compact region or State in which such reactor is located, whichever occurs first.
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From page 221... ...
, the disposal facilities referred to in subsection (b) shall not be required to accept more than 11,900,000 cubic feet of low-level radioactive waste generated by commercial nuclear power reactors.
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From page 222... ...
for low-level radioactive waste disposed of under this section during the period beginning on the date of enactment of the Low-Level Radioactive Waste Policy Amendments Act of 1985 and ending June 30, 1986, and transferred to the Secretary under subparagraph (A) , shall be paid by the Secretary in accordance with subparagraph (D)
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From page 223... ...
Repayments made pursuant to this clause shall be made on a monthly basis, with the first such repayment beginning on February 1, 1993, in an amount equal to one thirty-sixth of the total amount required to be repaid pursuant to this clause, and shall continue until the State (or, where applicable, compact region) in which such low-level radioactive waste is generated is able to provide for the disposal of all such waste generated within such State or compact region or until January 1, 1996, whichever is earlier.
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From page 225... ...
H.17 "(i) each non-sited compact region shall identify the State in which its low-level radioactive waste disposal facility is to be located, or shall have selected the developer for such facility and the site to be developed, and each compact region or the State in which its low-level radioactive waste disposal facility is to be located shall develop a siting plan for such facility providing detailed procedures and a schedule for establishing a facility location and preparing a facility license application and shall delegate authority to implement such plan; "(ii)
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From page 226... ...
; and "(ii) on or after January 1, 1987, any low-level radioactive waste generated within such region or non-member State may be denied access to the regional disposal facilities referred to in paragraphs (1)
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From page 227... ...
(C) , any low-level radioactive waste generated within such region or non-member State may be denied access to the regional disposal facilities referred to in paragraphs (1)
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From page 228... ...
IN GENERAL. The Nuclear Regulatory Commission may grant emergency access to any regional disposal facility or non-Federal disposal facility within a State that is not a member of a compact for specific low-level radioactive waste, if necessary to eliminate an immediate and serious threat to the public health and safety or the common defense and security.
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From page 229... ...
"(d) TEMPORARY EMERGENCY ACCESS.-Upon determining that emergency access is necessary because of an immediate and serious threat to the public health and safety or the common defense and security, the Nuclear Regulatory Commission may at its discretion grant temporary emergency access, pending its determination whether the threat could be mitigated by any alternative consistent with the public health and safety.
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From page 230... ...
RECIPROCAL ACCESS. Any compact region or State not a member of a compact that provides emergency access to non-Federal disposal facilities within its borders shall be entitled to reciprocal access to any subsequently operating non-Federal disposal facility that serves the State or compact region in which low-level radioactive waste granted emergency access was generated.
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From page 231... ...
2021) shall not be applicable to the determinations of the Nuclear Regulatory Commission under this section.
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From page 232... ...
LICENSING REVIEW AND APPROVAL. "In order to ensure the timely development of new low-level radioactive waste disposal facilities, the Nuclear Regulatory Commission or, as appropriate, agreement States, shall consider an application for a disposal facility license in accordance with the laws applicable to such application, except that the Commission and the agreement state shall "41)
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From page 233... ...
"(a) Not later than 6 months after the date of enactment of the Low-Level Radioactive Waste Policy Amendments Act of 1985, the Commission shall establish standards and procedures, pursuant to existing authority, and develop the technical capability for considering and acting upon petitions to exempt specific radioactive waste streams from regulation by the Commission due to the presence of radionuclides in such waste streams in sufficiently low concentrations or quantities as to be below regulatory concern.
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From page 234... ...
The federal Low-Level Radioactive Waste Policy Act and the federal Low-Level Radioactive Waste Policy Amendments Act of 1985 make each state responsible for assuring adequate capacity for disposal of low-level radioactive waste generated within its borders. Due to the adoption of regional compacts pursuant to the federal acts and by the terms of these acts, New York cannot assume that other states will continue indefinitely to provide access to facil EXPLANATION-Matter in ital ice is new; matter in brackets [ ]
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From page 235... ...
16. "Permanent disposal facilities" shell mean low-level radioactive waste management facilities for permanent disposal of low-level radioactive waste generated within the state of Hew York other than such waste which is a faders responsibility pursuant to the provisions of federal 1~v pertaining to state and faders responsibilities for disposal of lo-level radioactive waste.
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From page 236... ...
2. Upon certification by the department of environmental conservation of siting and disposal method selections for permanent disposal facilities pursuant to section 29-0105 of the environmental conservation lam the authority shall immediately complete development of And submit, as soon as practicable after such certification, but no later than the first day of January nineteen hundred ninety complete applications for any state licenses, permits or other approvals required for the construction and operation of suet permanent d-isposa1 facilities, in accordance with the siting and disposal method certification of such department.
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From page 237... ...
Such rates, charges, or other fees shall be sufficient to meet all costs and expenses which may be reasonably and practically identified or Allocated to permanent disposal facilities, over the life of such facilities and the low-level radioactive waste disposed of at such facilities, including without limitation, all costs and expenses associated with. development, licensing, operation, maintenance, and meeting debt service requirements, or requirements for repayment of expenditures from appro priations for capital costs of such facilities, Rich requirements are due after such facilities begin accepting low-level radioactive waste establishing reserves, including but not limited to reserves for decontamination and decommissioning, closure and post-closure care, And contingencies, including but not limited to potential accidents, damages and injuries, and making any payments in lieu of taxes or fees for local assistance and repayments of any amounts expended from appropriations for aid to localities with respect to permanent disposal facilities, provided, however, that all c~pita1 costs incurred prior to the receipt and acceptance of low-level radioactive waste at the disposal facilities f
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From page 238... ...
c. Curing the period before the commencement of operation of permanent disposal facilities owned or operated by the authority, expenditures from appropriations to the departments of environmenta1 conservation and health and the commission for siting low-level radioactive waste dispossl facilities for the purpose of implementing the low-level radioactive waste management act shall be recovered through assessment against United States nuclear regulatory commission licensees for nuclear electric generating facilities located in the state of New York which have full power operating licenses.
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From page 239... ...
Commission for siting low-level radioactive waste disposal facilities . Advisory committee on permanent disposal facilities siting and disposal method selection.
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From page 240... ...
29-6103. Siting criteria for permanent disposal facilities.
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From page 241... ...
3. The dep~rtment's decision on the Application for certification of the site and disposal method selection and the accompanying fina1 environmental impact statement shall be submitted by the department to the governor, the legislature, and the chairman of the New York state energy research and development authority.
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From page 242... ...
1. The commission shall immediate 7y commence the preparation of a siting and disposal method selection which shall, upon certification by the department, be the site or sites and method or methods for permanent disposal facilities which shall be constructed or operated by the energy research and development authority pursuant to section eighteen hundred fifty-four-c of the public authorities law.
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From page 243... ...
3. In consultation and cooperation with the Advisory committee est~blished pursuant to section 29-0501 of this article, the commission shall keep the public informed of its activities in developing the draft environmenta1 impact statement required by section 29-0303 of this title and encourage the public to participate by providing views comments information, And Analysis concerning siting And dispose method selection for permanent disposal facilities.
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From page 244... ...
1. An advisory committee on siting and disposal method selection for permanent disposal facilities is hereby established within the commas sion and shall continue in existence until the department has issued its final environmenta1 impact statement pursuant to section 29-0105 of this article.
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From page 245... ...
1. With respect to any particular permanent disposal facilities, ~11 applications for state licenses, permits, or other approvals required for those facilities shell be submitted contemporaneously to the respective state ~gencies~with jurisdiction to grant such licenses, permits or other Approvals, and shall be Accompanied by ~ draft environmental impact statement for those facilities And ~ list identifying each state license, permit or other approval for which such Applications have been submitted and the jurisdictiona1 state agency for such license, permit, or ocher Approval.
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From page 246... ...
a. Any person aggrieved by any administrative action or proceeding in connection with the adoption of siting criteria regulations pursuant to section 29-0103 of this article with ~ certification or refusal to certify ~ site or disposal method selection pursuant to section 29-0105 of this article or with the issuance or denial of ~ required state license, permit, or other approval for low-level radioactive waste management facilities may seek judicial review of such administrative action or proceeding in accordance with the provisions of this subdivision.
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From page 247... ...
When judicial review is sought of the department's siting criteria regulations or the department's certification of the commission's siting and disposal method selection, neither the appellate division nor the court of appeals sha11 kale any jurisdiction or power to issue any temporary or preliminary order staying, pending completion of judicial review, such selection or certification or staying, pending completion of Judicial review, any subsequent proceeding on an application for any required state license, permit, or other approval for low-level radioactive waste management facilities based upon the siting and disposal method selection certified by the department pursuant to section 29-0105 of this article.
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From page 248... ...
1. Skin eighteen months after the effective date of this section the commissioner shall promulgate regulations applicable to facilities for the permanent disposal of low-level radioactive waste which identify fin~ncia1 requirements to be included as conditions in permits for facilities for the management of low-level radioactive waste.
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From page 249... ...
In consultation and cooperation with the advisory committee established pursuant to section 29-0501 of the environment conservation law, an} with the department of environmental conservation, the comm-ssioner of health shall plan and carry out ~ statewide pubic infor~ation program on the public health and safety implications of lowlevel radioactive waste management. The content of such program shall include ~ basic explanation of the types of materials which comprise lo-level radioactive waste and why such materials require special handling and care and reasonably detailed explanations of alternative disposal methods and their probable effects.
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From page 250... ...
SCIlEDULE ~ ~ Air Energy Research and Development Authority 250,000 Department of Environn~enta1 Conservation 1,520,000 Department of Wealth 100,000 Commission for siting low-level radioactive waste disposal facilities Total of Scnedu1e § 9. Nothing in this act shall be construed to Preclude any person from establishing or operating, in accordance with all applicable provisions of state, federal, and local law, any facilities for the temporary storage or permanent disposal of low-level radioactive waste, whether generated within or outside of the state of New York, which are not authorized or required by the provisions of this act.
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