TITLE 31. NATURAL RESOURCES AND CONSERVATION
PART 21. TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT COMMISSION
CHAPTER 675. OPERATIONAL RULES
SUBCHAPTER
B.
The Texas Low-Level Radioactive Waste Disposal Compact Commission (Commission) adopts the amendments to §675.20 and §675.23. The amendments to §675.20 and §675.23 are adopted without change to the proposed text as published in the May 15, 2026 issue of the Texas Register (51 TexReg 3359) and will not be republished.
Summary of the Factual Basis for the Adoption of the Rules
In enacting the Texas Low-Level Radioactive Waste Disposal Compact Consent Act (Act), the United States Congress acknowledged the public value of the party states' cooperation in the protection of the health, safety, and welfare of their citizens and the environment of the party states (Public Law 105-236, 112 Stat. 1542). In furtherance of this policy, the Congress provided for the economic management of low-level radioactive waste to distribute the costs, benefits, and obligations among the party states (Public Law 105-236, 112 Stat. 1542). By adopting the Act in Texas Health and Safety Code (THSC), Chapter 403, the Texas Legislature authorized the Commission to enter into agreements with any person for the importation of low-level radioactive waste into the compact for disposal (THSC, §403.006).
To continue implementing the policy directives of the Act, the Commission adopts the amendments to §675.20 and §675.23 to improve regulatory clarity, streamline administrative processes, and improve accessibility for applicants and the public.
Regarding §675.20(20), the Commission recognizes a public benefit in aligning the definition of a "small quantity generator" more closely with current industry generation profiles. The adopted amendment decreases the volumetric limit for a small quantity generator from no more than 200 cubic feet per year to no more than 75 cubic feet per year. The curie limit remains unchanged at no more than 100 curies per year. The amendment also adds "nuclear fuel cycle facilities" to the list of entities excluded from being classified as a small quantity generator, alongside the existing exclusions of nuclear power generation facilities, electric utilities, and the United States Department of Defense.
Regarding §675.23(f) and (h), the Commission has determined that it is in the public interest to explicitly authorize the use of its online portal, electronic mail, and major courier services (such as UPS or FedEx) for official Commission business. These adopted amendments modernize the acceptable methods for submitting applications, delivering required copies to the Compact Facility Operator and the Texas Commission on Environmental Quality (TCEQ), and receiving public comments, thereby reducing delays and administrative burdens and ensuring an efficient, transparent regulatory framework.
Public Comment and Commission Response
The Commission received no comments in response to the publication of the proposed amendments.
Statutory Authority
The Commission adopts the amendments under authority granted in THSC, §403.006, which includes specific rulemaking authority in the Act, Section 3.05. The Commission interprets this section as allowing for the implementation of rules regarding the management of low-level radioactive waste from non-party states.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 25, 2026.
TRD-202602611
Stephen Raines
Executive Director
Texas Low-Level Radioactive Waste Disposal Compact Commission
Effective date: September 1, 2026
Proposal publication date: May 15, 2026
For further information, please call: (512) 350-6241