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Committee approves DEQ rule updating disposal standards for low-activity radiological waste
Summary
The committee approved docket 5801102301, revising DEQ rules that regulate disposal of low-activity radiological material not governed by the Atomic Energy Act; the rule updates definitions and incorporated radiation-protection standards.
Michael McCurdy, Waste Management and Remediation Division Administrator for the Department of Environmental Quality, presented docket 5801102301, the rule regulating disposal of low-activity radiological materials not regulated under the Atomic Energy Act.
"DACA 5801102301 is the rules regulating the disposal of radioactive materials not regulated under the Atomic Energy Act of 1954 as amended," McCurdy said. He explained the rule — commonly called the RAD rule — was originally adopted in 2002 and was reviewed under a state zero-based regulation effort to reduce regulatory burden and clarify provisions.
McCurdy highlighted several substantive changes: updates to "incorporation by reference" of radiation-protection standards, addition and correction of definitions (including licensee and total effective dose equivalent), revisions to naturally occurring radioactive materials (NORM) and technologically enhanced NORM (TENORM) definitions, and removal of language applying to licensed facilities that are not governed by this rule.
The rulemaking used negotiated rulemaking in 2023; the Board of Environmental Quality adopted the rule on Nov. 14, 2024. No public comments were received during the public-notice period, the presenter said. The committee voted to approve docket 5801102301 by voice vote.
During questioning, Senator O'Connorowitz asked about the source of added language in the byproduct-material definition; Albert Crawshaw, DEQ rules and policy coordinator for the hazardous waste program, said the language was included "because of the language that's stated by NRC" and was added for clarification.
No on-record dissent or amendments to the docket were recorded in committee.
