POLICY STATEMENT Request for Authorization to Export Waste
RULE 1 Application for exportation of waste from the region
[Forms Omitted]

RULE 2 Repealed: June 21, 1994

RULE 3 Procedures for a state volunteering to serve as host state

RULE 4 Relating to the use of Rebate Funds

RULE 5 Relating to the rotation of Host States

RULE 6 Relating to host site selection

RULE 7 Relating to acceptance of waste

RULE 8 Relating to assessment of fees for funding costs

RULE 9 Relating to assessment of fees for CIF

POLICY STATEMENT Relating to administrative fee
RULE 10 Report of waste generated for disposal
[Forms Omitted]

RULE 21 Relating to filing a court action against the CIC

RULE 23 Relating to the withdrawal of a member state

RULE 24 Relating to the admission of new member states

RULE 27 Public notice and announcement procedures

To fulfill its duties and responsibilities as established by the Compact Law and

the Low-Level Radioactive Waste Policy Amendments of the 1985 (Public law

99-240), the Commission requires a funding level greater than that provided

by the annual State appropriations to the Commission as established in

Article IV Section h of Compact Law. While this provisions discusses State

funding for the Commission, it does not limit the Commission in pursuing

methods of funding other than that established in Article IV, Section h.

Article IV Section m.9., authorizes the Commission to, "Take such action as

may be necessary to perform its duties and functions as provided in this

compact."

In order to generate funds sufficient to meet the administrative

responsibilities of the Commission to provide within this region a regional

disposal facility with sufficient capacity to manage all the waste generated

within the region, the Commission under the authority granted it by Article

III, Article IV, Article V and Article VI of The Compact, hereby establishes the

policy that there shall be an application fee for any person making application

to the Commission for authorization to export waste generated within this

region for disposal.

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For the purpose of this policy and during the time that this Commission does

not have its own regional disposal facility, Commission authorization does

not affect the low-level radioactive waste generators ability or responsibility to

adhere to and follow Federal or State laws, rules or regulations regarding low-

level radioactive waste management, packaging and shipping.

Funds received for such application fees shall be used for the purpose of

processing the applications, issuing certificates and conducting various and

necessary programs as identified and approved in the Annual Budget of the

Commission by the Commissioners at the Annual Meeting of the

Commission, and as modified as necessary by the Commission. The amount

of such application fee shall be set by the Commission each year and assessed

on a fiscal year basis.

In order to carry out its responsibilities relating to Articles III, IV and VI of the

Act the Commission adopts the following rule of the Commission relating to

the request for authorization to export waste.

Adopted June 21, 1994

1.1 FILING OF APPICATION TO EXPORT WASTE

Any person seeking the authorization of the Commission pursuant to

Article III, Section g., of the Compact to export waste which was

generated within the region to a location outside the region shall

submit an application to export waste to the Commission's Executive

Director.

1.2 CONTENTS OF APPLICATION TO EXPORT WASTE

The application for permission to export waste shall be that adopted by

the Commission (Forms A & B) and shall contain the information

deemed necessary by the Commission to assess each request. Such an

application form can be obtained from the Commission's office.

1.3 TRANSMISSION OF APPLICATION TO EXPORT WASTE

Each application to Export shall be transmitted to the Commission's

office with the applicable fee. Applications shall not be considered for

approval until the applicable fee has been paid.

1.4 APPROVAL

The Commission shall approve or deny at any Annual meeting,

Regular Meeting, Special Meeting, Emergency Meeting or Telephone

Conference, any application for the exportation of low-level radioactive

waste from the Compact region.

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Each application shall be considered utilizing the following standards:

(1) Eligibility of the llrw is determinable from the representation on

the Application form.

(2) All information requested on the Application form is provided.

(3) Any other relevant information in addition to the application

requested by the Commission has been provided and resolves

any issues of eligibility of waste.

1.5 AGREEMENTS TO EXPORT

Nothing in this Rule shall limit the authority of the Commission to

enter into agreements with the United State5, other regional Compacts,

or individual states for the exportation or management of waste.

Adopted 1/31/86, Amended 6/8/87,6/30/92,6/29/93, June 21, 1994.

Adopted June 30, 1992, Amended 6/30/92, 6/29/93
Repealed June 21, 1994

3.1 GENERAL

This rule governs the procedures applicable to a state volunteering to

serve as a host for a regional facility pursuant to Article V of the

Compact.

3.2 VOLUNTEER STATE

Pursuant to Article V of the Compact, each party state shall have the

opportunity to volunteer as a host for a regional facility.

3.3 METHOD AND TIMELINESS OF VOLUNTEERING

Following the collection of sufficient data and information from the

states, each party state shall be allowed to volunteer as host for a

regional facility. A party state may volunteer at any time until such

time that the Commission has made a preliminary selection of a

proposer to develop and operate a regional facility.

A party state seeking to volunteer as a host for a regional facility must

make formal written application to the Commission. Such application

shall be signed by the Governor of such state. An application may be

made in conjunction with or separate from a proposal by a private

developer to develop a regional facility. The state's application must

contain sufficient information as to permit the Commission to

reasonably determine that the state will be able to develop and operate

or have developed and operated a regional facility in a timely manner.

3.4 CONSIDERATION OF VOLUNTEER APPLICATION BY THE

COMMISSION

Applications to volunteer shall be transmitted to the Commission's

Executive Director. Upon receipt of an application to volunteer, the

Executive Director shall transmit a copy of the application to each

Commission member. The Chairman shall designate a time period for

a review of the application and shall call a meeting to consider the

state's application. In no event shall the review period for the

application be less than 45 days.

The Commission shall review the application to volunteer in the same

manner as it would review any application to develop a regional

facility.

The Commission shall determine the sufficiency of the application,

and may request further information from the state prior to rendering

a decision on the application.

If the Commission receives an application to volunteer from a party

state during the time the Commission is reviewing proposals to

develop a regional facility pursuant to Article V, section b. of

the Compact the Commission may suspend the consideration of such

proposals until a determination has been made regarding the

application to volunteer. If the Commission acts favorably on an

application to volunteer under these circumstances, the Commission

may continue with the public bid process if the volunteer state so desires,

or may determine that public bids are not required and

abandon the selection of a private developer and return any

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application fee paid to the Commission, or take such other action as it

deems appropriate to fulfill its responsibilities.

3.5 FAILURE TO VOLUNTEER OR APPLICATION TO VOLUNTEER

UNACCEPTABLE

If no state volunteers to serve as a host for a regional facility prior to

the date set by the Commission for the closing of the public bid process,

the Commission shall proceed with the selection of a developer for

the regional facility pursuant to Article V of the Compact.

If the Commission receives an application to volunteer from a party

state or states and such application or applications are determine to be

unacceptable by the Commission the Commission shall pursuant to

Article V, section b. of the Compact, publicly seek applicants to develop

and operate a regional facility.

Adopted: November 18, 1986

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