Compact LLRW Disposal Rate

On August 25, 2011, the TCEQ Executive Director issued Interim Disposal Rate

Official Notice of Rate Application to Establish the Maximum Disposal Rates

Texas Commission on Environmental Quality (TCEQ) received WCS’s Supplemental Rate Application, No. RDR001, associated with the Compact Waste Disposal Facility authorized under Radioactive Material License No. 04100 on November 8 and 14, 2011. This supplement has been made part of the rate application file, with the original application received on June 1, 2010 and the other submittals associated with the proposed rate application.

On January 25, 2012, TCEQ filed the Notice of the Low-Level Radioactive Waste Rate Application, Preliminary Decision, and Opportunity for a Contested Case Hearing associated with the Compact Waste Disposal Facility with the Texas Secretary of State in accordance with TCEQ’s regulations, § 336.1309(a)(4) which was published in the Texas Register on February 3, 2012. TCEQ also notified WCS of the notice package, Notice and the Technical Summary that WCS must provide to Texas Compact waste generators.

The public comment period to submit a request that the proposed WCS’s rate application be referred to the State Office of Administrative Hearings (SOAH) ended on March 5, 2012.  TCEQ received seven requests for a Contested Case Hearing.  Public Comment letters are available for public viewing through TCEQ’s Commissioner’s Integrated Database.

TCEQ's Compact Waste Disposal Rate Application Package

The planned Waste Control Specialists LLC (WCS) low-level radioactive waste disposal facility is to be divided into two separate operational facilities under one license:

• The Compact Waste Disposal Facility (CWF), which will handle the receipt and disposal of LLRW from Texas Compact waste generators; and
• The Federal Waste Disposal Facility (FWF), which will handle the receipt and disposal of LLRW and mixed LLRW from federal facility waste generators.

Waste disposal rates are to be set by the TCEQ by rule for the CWF. The TCEQ’s rate application package is available for public viewing. It includes a series of interactive spreadsheets that can be found in the Rate Application Package. TCEQ is also providing an accessible version of the Rate Application Package. The costs and revenue requirements are to be entered in the rate application package and then summarized in an embedded worksheet that will be used to help determine proposed maximum disposal rates.

Additional rate-setting application materials must also be submitted as part of the rate application package as required in Title 30 Texas Administrative Code (TAC) Chapters 336 (Radioactive Substance Rules) and 37 (Financial Assurance) to address technical requirements. The requirements and instructions for completing the TCEQ rate application submission are found as buttons on the individual worksheets of the package.

TCEQ's Compact Waste Disposal Rate Setting Process

A Disposal Rate Setting Flowchart illustrates the process for establishing the maximum disposal rate for waste generators in accordance with 30 TAC Chapter 336, Subchapter N, "Fees for Low-Level Radioactive Waste Disposal." This flowchart and description are provided to the disposal facility licensee, waste generators, other stakeholders, and the public as an aid to understanding how the disposal rates would be established by the TCEQ.

WCS Original Rate Application Package Submission

On June 1, 2010, WCS submitted to the TCEQ a Compact Waste Disposal Rate Application to establish the maximum disposal rates. This application submission is under review by TCEQ to determine an equitable allocation of the disposal cost that can be charged to the compact waste generators, including the establishment of a rate of return and the fee schedule based on radioactive, physical, and chemical properties of each type of low-level radioactive waste and in accordance with Texas Health & Safety Code, Chapter 401. A copy of the Executive Summary of the WCS Rate Application and the submission of the original disposal rate application (PDF) are provided in the document section.

On November 8, 2011, WCS submitted supplemental application materials for compact waste disposal rates. A copy of this PDF document is provided in the document section.

TCEQ Received Public Comments on WCS Response

TCEQ received comments from the public on this process for development of a low-level radioactive waste disposal rate schedule to be recommended by the TCEQ Executive Director. They are available for viewing and they are listed below under Comments Received. Please note that there will be official notice and comment period, and opportunity for a contested case hearing, as referenced in 30 TAC §336.1309, at the time the TCEQ Executive Director completes his review of the rate application and publishes a recommended disposal rate schedule.

TCEQ Held Public Meeting on WCS Response

TCEQ held public meeting at TCEQ Main Campus in Austin, Texas on March 10, 2011 to take comment and provide an update on the TCEQ review of the LLRWD rate application submitted by WCS for the Texas Compact Waste Disposal Facility. The presentation and audio recording of the public meeting are available for viewing/listening which are listed below under Presentation. Please note that there will be official notice and comment period, and opportunity for a contested case hearing, as referenced in 30 TAC §336.1309, at the time the TCEQ Executive Director completes his review of the rate application and publishes a recommended disposal rate schedule.

Application Review Time Line

Documents

2012

• TCEQ Notice Package Letter to WCS
• Notice of the Low-Level Radioactive Waste Rate Application, Preliminary Decision, and Opportunity for a Contested Case Hearing
• TCEQ Technical Summary of WCS Rate Application

2011

• WCS Submittal Application Materials for Compact Waste Disposal Rates
• WCS Submittal Materials Letter
• TCEQ Letter - Update on Rate Setting Process
• WCS Supplemental Response Letter and Appendices
  • WCS Supplemental Response Letter
  • WCS Appendices A thru G
  • WCS Appendices H thru M

2010

• WCS Response Letter and Documents
• TCEQ - Clarification Letter
• TCEQ Approval for Extension Letter
• WCS Extension Request Letter
• TCEQ issues Request for Information (RFI)
• WCS - Transmittal Letter and Insertion of Two Pages
• WCS - Application for setting the Disposal Rate with Import Waste
• WCS - Application for setting the Disposal Rate without Import Waste
• WCS - Executive Summary

2009

• Rate Application - Table of Contents
• Rate Application - General Information
• TCEQ's Disposal Rate Setting Flowchart
• TCEQ's Compact Waste Disposal Rate Application Package (Forms)
• Accessible Version of the Rate Application Package

Comments Received

• ARDT, Eddie Selig, General Manager
• Sierra Club, Cyrus Reed, Conservation Director, Lone Star Chapter
• Terry Burns, M.D., Midland, Tx
• J. Brian Moroney, Chair, Environmental Health & Safety Advisory Committee, The University of Texas System
• Jose A. Lopez, PH.D., Director, Environmental Health & Safety, Southwestern Medical Center @ Dallas
• James M. Phillips, Senior Attorney, Office of General Counsel, The University of Texas System
• Luz N. Cheng, Program Director and Radiation Safety Officer, Radiation Safety Program, UT San Antonio
• Wendy McCoy, Laboratory Safety Manager and Radiation Safety Officer, Environmental Health & Safety, UT Medical Branch
• John J. Vay, Attorney at Law

Presentation

March 10, 2011 Public Meeting

• Presentation
• Sign in sheet
• Audio (please contact us if you require an accessible transcript of the meeting)

Staff Contact

For more information, contact Sage Chandrasoma at 512-239-6069 by or e-mail at s.chandrasoma@tceq.texas.gov.