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Texas Low-Level Radioactive Waste Disposal

Links to forms, guidance documents related to low-level radioactive waste disposal in Texas, and correspondence between the TCEQ and Waste Control Specialists LLC (WCS) concerning WCS's current license to authorize near-surface land disposal of low-level radioactive waste in Andrews County and TCEQ regulation of disposal.
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Contract Review Process Documents:

Thank you for your interest and participation in the TCEQ’s development of forms required for the review of low-level radioactive waste contracts. TCEQ has considered stakeholder input and finalized the contract review forms available below. TCEQ has determined that the customer certification for party waste will not be required. Questions or comments may be directed to Amie Richardson at Amie.Richardson@tceq.texas.gov or Katharine Marvin at Katharine.Marvin@tceq.texas.gov or by telephone at (512) 239-0600.

Waste Generator Disposal Guide Information

A Waste Generator Disposal Guide web page has been added to identify the steps for acceptance of commercial low-level radioactivewaste at the Texas Low-Level Radioactive Waste Disposal Facility.

Final Health Surveillance Survey

Under House Bill 1567, 78th Texas Legislature, Regular Session,Exit the TCEQ a 30-day window was established — from July 8 through August 6, 2004 — for parties that intended to build low-level radioactive waste disposal facilities in Texas to submit an application to the TCEQ. On August 4, 2004, Waste Control Specialists, LLC (WCS) submitted to the TCEQ an application for a license (read the current WCS applicationExit the TCEQ) to authorize near-surface land disposal of low-level radioactive waste (LLRW) under this legislation. To review this application, our staff follows the rules found in these chapters of Title 30, Texas Administrative Code (30 TAC):

Among other factors, a successful application must demonstrate with reasonable assurance that the facility and its operators will comply with these sections of 30 TAC:

This license application seeks authorization to construct and operate in Andrews County a facility that will receive both compact states' waste and federal waste for disposal.

On January 14, 2009, the TCEQ Commissioners approved an order on the application for the LLRW disposal license giving the approval pending resolution of pending mineral rights condemnation. The TCEQ license was issued September 10, 2009 (see below for current status of license and amendments for Radioactive Material License No. R04100) to authorize two disposal facilities under one license for near-surface land disposal of LLRW.

One facility is the Compact Waste Disposal Facility that will accept LLRW from the Texas Compact Exit the TCEQ(currently Texas and Vermont). The other facility is the Federal Waste Disposal Facility that will accept LLRW that is the responsibility of the federal government, upon successful selection under disposal contract, and is required to be transferred to the U.S. Department of Energy (DOE) Low Level Waste Disposal Facility Federal Review Group (LFRG)Exit the TCEQupon decommissioning.

TCEQ and DOE signed a Memorandum of Agreement on January 26, 2010 to act as statement of intent for receipt and disposal of federal facility LLRW and mixed LLRW at the Federal Waste Disposal Facility (see initial application review timeline below). On December 3, 2010 TCEQ approved certain activities to commence construction. There are currently several documents (see below additional documents) submitted weekly by WCS and reviewed by TCEQ.

The Texas Commission on Environmental Quality (TCEQ) is charged with establishing Texas Compact low-level radioactive waste (LLRW) disposal fees by rule. The TCEQ has adopted rules for the process of establishing disposal rates and for revisions to those rates. Provided here is a quick link to the Compact LLRW Disposal Rate Application Package TCEQ web page.

Current License and Amendments for Radioactive Material License No. R04100

 

*NEW* Authorization to Accept and Begin Waste Disposal Activity as of April 25, 2012

Amendment No. 20 License and Technical Summary issued on May 8, 2013

  • November 12, 2012; Received application for Amendment;
  • February 4, 2013 Received application for Amendment;
  • March 1, 2013; Received application for Amendment;
  • March 6, 2013; Received application for Amendment; and
  • March 14, 2013; Received application for Amendment.

Amendment No. 19 License issued on April 3, 2013

  • January 22, 2013 Received Amendment Application.

Amendment No. 18 License issued on September 18, 2012

  • January 25, 2011; Received application for Amendment;
  • January 4, 2012, Received application for Amendment; July 20, 2012 revised and resubmitted Amendment application;
  • August 2, 2011; Received Amendment application;
  • April 30, 2012; Received application for Amendment; and
  • April 30, 2012; Received Amendment application.

Amendment No. 17 License issued on July 25, 2012

  • May 15, 2012 Received Amendment Application; part of this application marked confidential.

Amendment No. 16 License issued on June 15, 2012

Amendment No. 15 License issued on May 9, 2012

  • November 18, 2011 Received Amendment Application.

Amendment No. 14 License issued on April 24, 2012

  • February 6, 2012 Received Amendment Application; attachment 7 marked confidential and has been removed.

Amendment No. 13 License issued on April 5, 2012

  • December 30, 2011 Received more Revisions to the December 9, 2011 Application for Amendment.
  • December 28, 2011 Received a Revised Page to the December 9, 2011 Application for Amendment.
  • December 9, 2011 Received an Application for Amendment.

Amendment No. 12 License issued on March 6, 2012

  • November 23, 2011 TCEQ Received Revision of Amendment Application from the August 19, 2011 submittal
  • October 14, 2011 TCEQ Received Amendment Application
  • August 30, 2011 TCEQ Received Amendment Application
  • August 22, 2011 TCEQ Received Amendment Application
  • August 22, 2011 TCEQ Received Amendment Application
  • August 19, 2011 TCEQ Received Amendment Application
  • August 11, 2011 TCEQ Received Revision of Amendment Application from the May 6, 2011submittal
  • June 29, 2011 TCEQ Received Amendment Application
  • May 6, 2011 TCEQ Received Amendment Application

Amendment No. 11 License issued on December 9, 2011

  • July 27, 2011 Received Amendment Application to "Implement Design Changes to the Security and Fire Alarm Systems", these documents were marked confidential

Amendment No. 10 License issued on December 8, 2011

  • July 22, 2011 Received Amendment Application
  • July 14, 2011 Received Amendment Application
  • June 6, 2011 Received Amendment Application
  • May 3, 2011 Received Amendment Application

Amendment No. 09 License issued on September 14, 2011

  • June 24, 2011 Received Amendment Application

Amendment No. 08 License issued on August 30, 2011

  • July 11, 2011 Received Amendment Application
  • May 24, 2011 Received Amendment Application
  • May 9, 2011 Received Amendment Application

Amendment No. 07 License issued on May 31, 2011

  • April 26, 2011 Received Amendment Application

Amendment No. 06 License issued on May 26, 2011

  • April 8, 2011 Received Amendment Application

Amendment No. 05 License issued on May 13, 2011

  • April 15, 2011 Received Revision of Amendment Application
  • April 15, 2011 Received Response on License Condition 24.B
  • April 6, 2011 Received Amendment Application
  • February 22, 2011 Received Amendment Application

Amendment No. 04 License issued on February 11, 2011

  • February 1, 2011 Received Amendment Application

Amendment No. 03 License issued on January 6, 2011

Amendment No. 02 License issued on April 13, 2010

  • March 5, 2010 Received Amendment Application

Amendment No. 01 License issued January 19, 2010

  • December 2, 2009 Received Supplement for Amendment Application
  • November 17, 2009 Received Amendment Application

Amendment No. 00 Final license issued September 10, 2009

Additional Documents and/or Pending Amendment Applications

  • April 30, 2012
    • TCEQ received an application for amendment from WCS.
  • April 30, 2012
    • TCEQ received an application for amendment from WCS.
  • April 30, 2012
    • TCEQ received an application for amendment from WCS.
  • January 17, 2012
    • TCEQ responds "Status Update Request for Construction Completion of Low-Level Radioactive Waste Disposal (LLRW) Compact Waste Disposal Facility (CWF) and Common Area Facilities".
  • January 4, 2012
    • TCEQ received an application for amendment from WCS, attachement 5 was marked confidential and has been removed.
  • December 6, 2011
    • TCEQ received draft report from WCS.
  • December 2, 2011
  • November 30, 2011
    • TCEQ received report on "Monitor Well Alterations".
  • November 30, 2011
    • TCEQ received "Report on Investigation of Leaks in Neutron Logging Access Tubes".
  • November 18, 2011
    • TCEQ received an application for amendment from WCS.
  • November 7, 2011
    • TCEQ received an application for amendment from WCS.
  • November 4, 2011
    • TCEQ received an application for amendment from WCS.
  • September 19, 2011
    • TCEQ responds and denies WCS' request for amendment that was submitted on September 12, 2011.
  • September 12, 2011
    • TCEQ received an application for amendment from WCS.
  • August 2, 2011
    • TCEQ received an application for amendment from WCS.
  • January 7, 2011
    • TCEQ responds and approves the commencement of construction.
  • December 23, 2010
    • Comments by our executive director on proposed rule for export and import of low-level radioactive waste.
  • December 22, 2010
    • TCEQ responds and denies WCS' request for minor amendment that was submitted on October 21, 2010.
  • December 3, 2010
    • TCEQ reviews and responds to WCS' November 24, 2010 letter received on November 29, 2010 "Requesting Concurrence that Certain Construction Preparatory Activities May Commence under Radioactve Material License No. R04100 Prior to Receipt of Written Approval Required by LC 63"on December 3, 2010.
  • November 29, 2010
    • TCEQ receives letter from WCS "Requesting Concurrence that Certain Construction Preparatory Activities May Commence under Radioactve Material License No. R04100 Prior to Receipt of Written Approval Required by LC 63" on November 29, 2010.
  • November 2, 2010
    • TCEQ sends letter regarding License Condition 192 which requires WCS to provide $136,468,000 (2008 dollars) in financial assurance 60 days prior to accepting waste.
  • October 21, 2010
  • September 20, 2010
    • TCEQ responds and denies WCS' request for minor amendment that was submitted on August 13, 2010.
  • August 13, 2010
  • March 16, 2010
    • A letter and staff review document provide information on TCEQ staff and consultant reviews of the various submissions made by WCS related to R04100.

Past Waste Acceptance Meetings

From Waste Generator Meeting Held on Thursday, November 3, 2011

TCEQ will be accepting informal comments on information that was presented on November 3, 2011 until 5:00 p.m. November 14, 2011. Send comments to RADMAT@tceq.texas.gov with "WAC Comments" in the subject line of the message.

From Waste Generator Meeting Held on September 20, 2011

TCEQ accepted informal comments on information that was presented on September 20, 2011 until 5:00 p.m. October 7, 2011. Comments came to RADMAT@tceq.texas.gov with "WAC Comments" in the subject line of the message.

 

Initial Application Review Timeline

  • September 10, 2009
  • September 9, 2009
    • District court judge signed order granting condemnation.
  • May 5, 2009
    • Petitions filed for remaining mineral rights.
  • January 28, 2009
    • The Office of the Chief Clerk mails the Motion for Rehearing to persons on mailing list, with copies of signed licensing order and unsigned draft license.
  • January 14 , 2009
    • The TCEQ Commissioners approved an order granting the application of Waste Control Specialists, LLC for Radioactive Material License No. R04100. The license will be issued after condemnation proceedings are completed and the applicant has acquired the mineral rights on the underlying land at which the site will be located.
  • December 2 , 2008
    • The Executive Director of the TCEQ files response to comments and proposed revised draft license with the Office of the Chief Clerk.
  • November 21, 2008
    • The TCEQ Commission issues an order for the Executive Director to transmit a request to the Attorney General of the State of Texas to begin condemnation proceeding to acquire the mineral rights underlying land on which the low-level radioactive waste disposal facility site is proposed to be located.
  • November 19, 2008
    • TCEQ Commissioners to consider mineral rights condemnation proceedings.
  • September 16, 2008
    • End of public comment period.
  • September 8, 2008
    • Public meeting in Andrews Texas on the application and preliminary decision.
  • August 13, 2008
  • August 11, 2008
    • The Executive Director files documents with the Office of the Chief Clerk.
  • January 9, 2008
    • WCS submits comments on Initial Draft License and Draft Licensing Order.
  • December 10, 2007
  • May 1 , 2007
    • TCEQ officially accepts responses and revision to the application. Changes to the WCS License Application were enclosed as Revision 12c.
  • August 30, 2006
  • August 8, 2006
    • In a letter sent August 8, 2006, WCS requested an extension to the licensing process until May 31, 2007, in order to fully respond to the outstanding issues from the Second Technical Notice of Deficiency.
  • June 30, 2006
    • TCEQ issued a List of Concerns to WCS regarding unresolved license application issues. This information is needed before the application can be considered complete. WCS is now determining whether to apply for an extension of time and, if an extension is requested, what time would be needed to prepare and submit the additional information.
  • June 5, 2006
    • TCEQ advises WCS that many significant deficiencies in its application remain unresolved.
  • March 31, 2006
    • WCS responds to the Second Technical Notice of Deficiency (TNOD). Changes to the WCS License Application were enclosed as Revision 11. Responses to the second TNOD’s confidential financial information, dated March 31, 2006, were provided under separate cover directly to the TCEQ Financial Administration Division. The Radioactive Material Licensing Team continued its technical review of the WCS application. This review was scheduled to be completed by August 31, 2006.
  • January 30, 2006
    • TCEQ issues the Second Technical Notice of Deficiency which provides comments and requests additional actions to resolve the noted deficiencies in the WCS application. Under separate cover, labeled "CONFIDENTIAL," the TCEQ issues two additional attachments which request information to resolve deficiencies regarding financial information that WCS designated as "CONFIDENTIAL."
  • November 30, 2005
    • WCS responds to the First Technical Notice of Deficiency (TNOD). Changes to the WCS License Application were enclosed as Revision 9. Responses to the first TNOD’s confidential financial information, dated September 16, 2005, were provided under separate cover directly to the TCEQ Financial Administration Division.
  • September 20, 2005
    • TCEQ issues a Revision to Attachment 3 of the First Technical Notice of Deficiency. The revision adds comments that were inadvertently omitted by an editing error.
  • September 16, 2005
    • TCEQ issues the First Technical Notice of Deficiency which provides comments and requests additional actions to resolve the noted deficiencies in the WCS application. Under separate cover, labeled "CONFIDENTIAL," the TCEQ submitting two additional attachments which request information to resolve deficiencies regarding financial information that WCS designated as "CONFIDENTIAL."
  • July 20, 2005
    • TCEQ issues a courtesy letter to WCS providing an early notification of issues that are of fundamental importance to the consideration of the WCS application.
  • May 2, 2005
  • March 31, 2005
    • TCEQ holds public meeting at Andrews High School to receive comments on this application.
  • February 18, 2005
  • January 31, 2005
    • WCS submits its response to third notice of administrative deficiency
  • January 14, 2005
  • December 17, 2004
    • WCS submits its response to second notice of administrative deficiency
  • November 17, 2004
  • October 18, 2004
    • WCS submits its response to first notice of administrative deficiency
  • September 17, 2004
  • August 6, 2004
    • 30-day application window ends
  • August 4, 2004
  • July 8, 2004

Historical Related Documents

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Waste Control Specialists LLC License Application for By-Product Material Disposal
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Last Modified Fri, 10 May 2013
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