Four
December 23, 2010
TLLRWDCC
3616 Far West Blvd., Suite 117, #294
Austin, TX 78731
Dear Chairman Ford:
On behalf of the Department of Defense Executive Agent (DODEA) for low-level radioactive waste (LLRW), we thank the Texas Commission for the opportunity to comment on publication of 31 TAC §§675.21 - 675.24.
Specific comments relative to the proposed rule follow:
§675.24(a): this section states it is the policy of the Commission that it will not accept, for the purpose of management, the importation of low-level radioactive waste of international origin. The Department of Defense requests an interpretation of this section for U.S. material generated from military operations outside the U.S. As the radioactive material is U.S. owned, we request designation that it is acceptable for import, or, if returned to the U.S. via the states of Texas or Vermont, considered in-compact waste; or the DOD should be issued a waiver of this clause for U.S. radioactive material generated in military operations outside the U.S.
§675.23(h): this section requires the Commission to meet promptly, but no sooner than 60 days nor later than 365 days, subject to the financial resources of the Commission, after the date the proposed import agreement was filed to act upon the proposed import agreement. We find 60 to 365 days to be an excessive timeframe to decide on a completed import request. We recommend changing this period to 60-120 days as with export permits.
§675.23(l): this section addresses import agreement application fees. Can the Texas Low Level Radioactive Waste Disposal Compact Commission accept payment other than from check or money order? Are payments via Electronic Funds Transfer (EFT) an option? We recommend adding electronic funds transaction as an option with regard to payments (application fee, import fee and export fee) made to the Texas Low Level Radioactive Waste Disposal Compact Commission.
§675.21(d) (2) (A) and §675.23 (3): we note that the Evaluation Fee charged is open-ended based on level of effort involved. The federal government is prohibited from unauthorized commitment of funds availability; any agreement with the federal government must have a fee certain attached to it to ensure proper funding procedures are followed prior to commitment and obligation by authorized federal personnel.
Kimberly Connelly
DODEA/US Army Joint Munitions Command
1 Rock Island Arsenal
Rock Island IL 61299-6000
(309) 782-0444