[Federal Register Volume 65, Number 50 (Tuesday, March 14, 2000)]
[Proposed Rules]
[Pages 13700-13702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6228]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 65, No. 50 / Tuesday, March 14, 2000 / 
Proposed Rules  

[[Page 13700]]



NORTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMMISSION

10 CFR Chapter XVIII


Northeast Low-Level Radioactive Waste Compact Proposed Rule for 
Declaration of Party State Eligibility

AGENCY: Northeast Interstate Low-Level Radioactive Waste Commission

ACTION: Notice of proposed rulemaking and invitation for comments

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SUMMARY: The Northeast Interstate Low-level Radioactive Waste 
Commission (the ``Commission'') provides this notice of proposed 
rulemaking to establish the conditions under which a state not a party 
to the Northeast Interstate Low-Level Radioactive Waste Management 
Compact (the ``Compact'') may be declared eligible to become a party 
state. The Commission must declare a state eligible before it may 
become a party state to the Compact. The conditions established by the 
Commission through this rule are intended to protect the integrity of 
the Compact and the interests of both the existing party states and the 
state petitioning for a declaration of eligibility.

DATES: Written comments to the proposed rule may be submitted until 
April 13, 2000. Public hearings will be held on April 17 and 18, 2000.

ADDRESSES: Written comments should be submitted to Kevin McCarthy, 
Chairman, Northeast Interstate Low-Level Radioactive Waste Commission, 
703 Hebron Avenue, Glastonbury, Connecticut 06033. Public hearings will 
be held at 1:00 p.m. on April 17, 2000, at 44 S. Clinton Avenue, 
Station Plaza III, Trenton, New Jersey, and at 1:00 p.m. on April 18, 
2000, at 10 Middle Street, 1st Floor, Bridgeport, Connecticut. Requests 
to testify at the public hearing should be submitted to Mr. McCarthy.

FOR FURTHER INFORMATION CONTACT: Kevin McCarthy, Chairman, Northeast 
Interstate Low-Level Radioactive Waste Commission, 703 Hebron Avenue, 
Glastonbury, CT 06033, (860) 633-2060.

SUPPLEMENTARY INFORMATION:

Background

    The Compact was established by ``The Omnibus Low-Level Radioactive 
Waste Compact Consent Act of 1985,'' Public Law 99-240, Title II (the 
``Act''). The Act gave Congress'' consent to agreements between and 
among states that were designed to facilitate the regional disposal of 
low-level radioactive waste (``waste''), thereby promoting the health 
and safety of the region. Connecticut and New Jersey are current 
members of the Compact. The Act also established the Commission and 
gave it authority, inter alia, to promulgate rules, conduct hearings, 
receive and act on applications to become eligible states, develop 
regional plans to ensure safe and effective management of waste within 
the region, designate a host state for siting of a regional disposal 
facility, enter agreements for the importation of waste into the region 
and export of waste from the region, impose sanctions, and establish 
criteria for disposal fees. The Commission consists of one voting 
member from Connecticut and one voting member from New Jersey.
    Since the establishment of the Compact, there has been no regional 
disposal facility to receive waste generated within the Compact states. 
Nevertheless, at various times, regional generators have been able to 
dispose of their waste at other facilities (e.g., at facilities located 
in Clive, Utah, and Barnwell, South Carolina). Those facilities have 
not always been available for disposal of all of the waste generated 
within the region, however, and the Commission has sought to make 
available more reliable access to waste disposal facilities. Current 
regional generators anticipate that they will need assured access to 
waste disposal facilities for the next 50 years until all of the 
currently licensed nuclear power stations are fully decommissioned and 
all spent nuclear fuel has been removed from the sites. With these 
needs in mind, the Commission seeks to ensure the long-term 
availability of approximately 800,000 cubic feet of disposal space to 
accommodate all classes of low-level waste. The Commission also seeks 
to stabilize fees for waste disposal.
    The Commission has determined that it may be in the interests of 
the Compact states to declare another state eligible for membership in 
the Compact if (a) that state is willing to become the voluntary host 
state and (b) membership in the Compact would achieve important 
objectives for both the current member states and any petitioning 
state. Article VII.e. of the Compact permits the Commission to 
``establish such conditions as it deems necessary and appropriate to be 
met by a state requesting eligibility as a party state to this 
compact.'' The Commission has further determined that the 
identification and implementation of reasonable conditions to be 
applied when evaluating a petition for new party state eligibility are 
essential to the long-term health and safety of the region.
    This rule is intended to establish the conditions for party state 
eligibility contemplated by Article VII.e. of the Compact and the 
criteria for fee and surcharge systems contemplated by Article 
IV.i.(15) of the Compact. The rule specifies the procedures that the 
Commission will follow for receiving petitions for party state 
eligibility. It then describes the essential conditions for declaring a 
state eligible for membership in the Compact. Those conditions include 
agreements (a) to be the sole host state until all currently licensed 
nuclear power stations in the region have been decommissioned, (b) to 
warrant the availability of 800,000 cubic feet of disposal capacity for 
Connecticut and New Jersey generators, (c) to assure stable, 
predictable disposal fees that are no greater than generators in 
Connecticut and New Jersey paid at the end of 1999, (d) to give 
flexibility for generators to dispose of waste elsewhere at their 
discretion, (e) to indemnify the existing party states for any 
potential environmental liability caused by their membership in the 
Compact and by operation of the regional disposal facility, and (f) to 
ensure an equitable schedule for return of a portion of any incentive 
payment made by the existing party states if the regional disposal 
facility ceases to be available for any reason.
    The Commission believes that this rule will further promote health 
and safety within the region. It will provide a mechanism to consider a 
long-term resolution for disposal of low-level

[[Page 13701]]

radioactive waste generated within the region. It will establish the 
essential conditions that must be satisfied before declaring a state 
eligible for membership in the Compact. The rules are consistent with 
and will further the purposes of the Compact and the Low-Level 
Radioactive Waste Policy Act, as amended (Pub. L. 96-573; Pub. L. 99-
240, Title I).
    The Commission solicits comments on the proposed rule from any 
interested party. After the close of the comments period, the 
Commission will hold hearings to consider the comments and any other 
appropriate evidence. Upon adoption of final rules, the Commission will 
use those rules to evaluate any petition for eligibility to become a 
party state.

Statutory Authority

    Authority for this rulemaking is provided to the Commission by The 
Omnibus Low-level Radioactive Waste Compact Consent Act of 1985, Public 
Law 99-240, section 227, Art. IV(i)(7), Art. VII(e) , 99 Stat. 1842, 
1914, 1921-22.

Public Participation in Rulemaking Proceedings

    The Commission seeks and encourages oral and written testimony and 
comments from all interested persons regarding this proposed rule. The 
Commission recognizes the benefit of the valuable insights and active 
participation of all segments of the affected community including 
consumers, utility and other generators, and governments in the 
development and administration of this rule.
    Requests to provide oral testimony at the public hearing should be 
submitted to Kevin McCarthy, Chairman, Northeast Interstate Low-Level 
Radioactive Waste Commission, 703 Hebron Avenue, Glastonbury, CT 06033, 
and must be received by April 13, 2000, for the requestor to be placed 
on the speaker's list. The Commission may limit the time allotted to 
individual speakers as it deems necessary and appropriate. Persons who 
have not submitted requests in advance will be accommodated, time 
permitting, at the discretion of the Commission.

Request for Comments

    Any person may participate in the rulemaking proceeding independent 
of the hearing process by submitting written comments to the 
Commission. Comments may be submitted at any time before April 13, 
2000. Written comments received after this date (including at the 
hearings) will be considered if it is practical to do so.

    Please note: Comments will be made part of the record of the 
rulemaking proceeding only if they identify the author's name, 
address, and occupation, and if they include a statement describing 
the factual basis for the comments.

List of Subjects in 10 CFR Part 1800

    Administrative practice and procedure, Hazardous waste, Radioactive 
material.

Kevin McCarthy,
Chairman, Northeast Low-Level Radioactive Waste Commission.
    For the reasons set out in the preamble, the Commission proposes to 
establish chapter XVIII, consisting of part 1800, in title 10 of the 
Code of Federal Regulations to read as follows:

CHAPTER XVIII--NORTHEAST LOW-LEVEL RADIOACTIVE WASTE COMMISSION

PART 1800--DECLARATION OF PARTY STATE ELIGIBILITY FOR NORTHEAST 
LOW-LEVEL RADIOACTIVE WASTE COMPACT

Sec.
1800.10   Purpose and scope.
1800.11   Definitions.
1800.12   Procedures for declaring a state eligible for membership 
in the Compact.
1800.13   Conditions for becoming an eligible party state.
1800.14   Modification to and enforcement of the rule in this part.

    Authority: Sec. 227, Art. IV(i)(7), Art. VII(e), Pub. L. 99-240, 
99 Stat. 1842, 1914, 1921-1922.


Sec. 1800.10  Purpose and scope.

    Pursuant to Articles IV.i.(1), (7), (15), and VII.e. of the 
Northeast Low-Level Radioactive Waste Compact (enacted by the ``Omnibus 
Low-Level Radioactive Waste Compact Consent Act of 1985,'' Public Law 
99-240, 99 Stat. 1842, Title I) (the ``Compact''), the Northeast Low-
Level Waste Policy Commission (the ``Commission'') establishes through 
this part the conditions that it deems necessary and appropriate to be 
met by a state requesting eligibility to become a party state to this 
Compact. The Commission shall apply these conditions to evaluate the 
petition of any state seeking to be eligible to become a party state 
pursuant to Article VII of the Compact.


Sec. 1800.11  Definitions.

    The definitions contained in Article II of the Compact and Article 
I.B. of the Commission's By Laws shall apply throughout this part. For 
the purposes of this part, additional terms are defined as follows:
    (a) By Laws refers to the Commission's By Laws as adopted and 
amended by the Commission pursuant to Article IV.c. and Article 
IV.i.(7) of the Compact, most recently amended on December 10, 1998, 
and dated July 1999;
    (b) Person means an individual, corporation, business enterprise or 
other legal entity, either public or private, and expressly includes 
states;
    (c) Nuclear power station means any facility holding a license from 
the U.S. Nuclear Regulatory Commission under 10 CFR part 50.
    (d) Existing party states means Connecticut and New Jersey 
collectively.


Sec. 1800.12  Procedures for declaring a state eligible for membership 
in the Compact.

    (a) Any state seeking to become an eligible state under the Compact 
shall submit to the Chairman of the Commission six copies of a petition 
to become an eligible state. The petition shall discuss each of the 
conditions specified in Sec. 1800.13 and shall:
    (1) Affirm that the petitioning state fully satisfies each 
condition; or
    (2) Explain why the petitioning state does not or cannot fully 
satisfy any particular condition.
    (b) Upon receipt of a petition from any state seeking to become an 
eligible state under the Compact, the Commission shall publish a notice 
in accordance with Article I.F.1. of the By Laws and shall initiate an 
adjudicatory proceeding to act on the petition. Any person may submit 
written comments on a petition, and all such comments must be received 
by the Commission within 30 days of notice that a petition has been 
submitted.
    (c) The Commission shall evaluate the petition against the 
conditions for declaration of an eligible state specified in 
Sec. 1800.13. As part of the proceeding to evaluate a petition to 
become an eligible state, the Commission may, in its discretion, 
conduct a hearing pursuant to Article IV.i.(6) of the Compact and 
Article V.F.1. of the Commission's By-Laws. For good cause shown, the 
Commission may issue an order shortening the notice period for hearings 
provided in Article I.F.1. of the By Laws to a period of not less than 
ten days.
    (d) After review of the petition and after any hearing, if held, 
the Commission shall issue an order accepting or rejecting the petition 
or accepting the petition with conditions. If the Commission accepts 
the petition without conditions, the petitioning state shall be 
declared an eligible state and shall become a new party state upon 
passage of the Compact by its state legislature, repeal of all statutes 
or statutory provisions that pose

[[Page 13702]]

unreasonable impediments to the capability of the state to satisfy the 
conditions for eligibility (as determined by the Commission) and 
payment of (or arrangement to pay) the fee specified in Article 
IV.j.(1). If the Commission accepts the petition with conditions, the 
petitioning state may become an eligible state by satisfying all of the 
conditions in the Commission's order and providing an amended petition 
incorporating its compliance with all of the conditions in this subpart 
and in the Commission's order. The Commission will consider the amended 
petition as part of the original adjudicatory proceeding and will issue 
a new order accepting or rejecting the amended petition.
    (e) A state that submits a petition for declaration as an eligible 
state that is rejected by the Commission may submit a new petition at 
any time. The Commission will consider the new petition without 
reference to the prior petition but may use evidence obtained in any 
prior proceeding to evaluate the new petition.
    (f) The Commission's consideration of a petition for declaration of 
an eligible state shall be governed by the Compact, the Commission's By 
Laws, and this part.


Sec. 1800.13  Conditions for becoming an eligible party state.

    The Commission shall evaluate a petition to become an eligible 
party state on the basis of the following conditions and criteria:
    (a) To be eligible for Compact membership, a state must agree that 
it will be the voluntary host state upon admission to the Compact and 
will continue to be the voluntary host state for a least that period of 
time until all currently licensed nuclear power stations within the 
region have been fully decommissioned and their licenses (including any 
licenses for storage of spent nuclear fuel under 10 CFR part 72) have 
been terminated.
    (b) To be eligible for Compact membership, a state must agree that, 
so long as the petitioning state remains within the Compact, it will be 
the sole host state.
    (c) To be eligible for Compact membership, a state must warrant the 
availability of a regional disposal facility that will accommodate 
800,000 cubic feet of waste from generators located within the borders 
of the existing party states.
    (d) To be eligible for Compact membership, a state must agree to 
establish a uniform fee schedule for waste disposal at the regional 
disposal facility that shall apply to all generators within the region. 
That uniform fee schedule, including all surcharges (except new 
surcharges imposed pursuant to Article V.f.3. of the Compact), shall 
not exceed the average fees that generators within the existing party 
states paid for disposal at the Barnwell, South Carolina, facility at 
the end of calendar year 1999, adjusted annually based on an acceptable 
inflation index.
    (e) To be eligible for Compact membership, a state must agree with 
the existing states that regional generators shall be permitted to 
process or dispose of waste at sites outside the Compact boundaries 
based solely on the judgment and discretion of each regional generator.
    (f) To be eligible for Compact membership, a state must agree with 
the existing states that the Commission may authorize importation of 
waste from non-regional generators for the purpose of disposal only if 
the host state approves and such importation does not jeopardize the 
warranted availability of 800,000 cubic feet of disposal capacity for 
waste produced by generators within the existing party states. A new 
party state must agree that regional generators shall not pay higher 
fees than non-regional generators and that all books and records 
related to the establishment or collection of fees shall be available 
for Commission review.
    (g) To be eligible for Compact membership, in addition to the 
express limitations on non-host state and Commission liability provided 
in the Compact, a state must agree to indemnify the Commission or the 
existing party states for any damages incurred solely because of the 
new state's membership in the Compact and for any damages associated 
with any injury to persons or property during the institutional control 
period as a result of the radioactive waste and waste management 
operations of any regional facility. The petitioning state must agree 
that this indemnification obligation will survive the termination of 
the petitioning state's membership in the Compact.
    (h) To be eligible for Compact membership, a state must agree that 
any incentive payments made by the existing party states as an 
inducement for a state to join the Compact will be returned to the 
existing party states, with interest, on a pro rata basis if, for any 
reason, the regional disposal facility ceases to be available to 
generators in the existing party states for a period of more than six 
months (other than periods that have been expressly approved and 
authorized by the Commission) or is unavailable for disposal of 800,000 
cubic feet of waste from generators within the borders of the existing 
states. In the event of such unavailability, the new party state must 
agree to return the incentive payments based on the following schedule:
    (1) 75% of the incentive payment if the regional facility becomes 
unavailable prior to December 31, 2001;
    (2) 50% of the incentive payment if the regional facility becomes 
unavailable on or after January 1, 2002, and prior to December 31, 
2003;
    (3) 30% of the incentive payment if the regional facility becomes 
unavailable on or after January 1, 2003, and prior to December 31, 
2005;
    (4) 20% of the incentive payment if the regional facility becomes 
unavailable on or after January 1, 2006, and prior to December 31, 
2008;
    (5) 10% of the incentive payment if the regional facility becomes 
unavailable on or after January 1, 2009, and prior to the time when all 
currently licensed nuclear power stations within the region have been 
fully decommissioned and their licenses (including any licenses for 
storage of spent nuclear fuel under 10 CFR part 72) have been 
terminated.
    (i) To be eligible for Compact membership, a state must agree with 
the existing states that once a new party state has been admitted to 
membership in the Compact pursuant to these rules, declaration of any 
other state as an eligible party state will require the unanimous 
consent of all members of the Commission.


Sec. 1800.14  Modification to and enforcement of the rule in this part.

    (a) Because of the importance of the conditions for declaration of 
an eligible state under the Compact, the rule in this part may only be 
modified, amended, or rescinded after a public hearing held pursuant to 
Article IV.i.(6) of the Compact and Article V.F.1. of the Commission's 
By Laws and by a unanimous vote of all members of the Commission.
    (b) Any party state may enforce the rules in this part by bringing 
an action against or on behalf of the Commission in the United States 
District Court for the District of Columbia pursuant to Article IV.n. 
of the Compact.
    (c) If, for any reason, any portion of the rules in this part shall 
be declared invalid or unenforceable, the remainder of the rules in 
this part shall remain in full force and effect.

[FR Doc. 00-6228 Filed 3-13-00; 8:45 am]
BILLING CODE 7595-01-U