By Earley H.B. No. 2623
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of by-product materials and naturally
1-3 occurring radioactive materials.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 401.003, Health and Safety Code, is
1-6 amended by amending Subdivisions (3) and (18) and by adding
1-7 Subdivision (24) to read as follows:
1-8 (3) "By-product material" means:
1-9 (A) a radioactive material, other than special
1-10 nuclear material, that is produced in or made radioactive by
1-11 exposure to radiation incident to the process of producing or using
1-12 special nuclear material; and
1-13 (B) tailings or wastes produced by or resulting
1-14 from the extraction or concentration of uranium or thorium from ore
1-15 processed primarily for its source material content, including
1-16 discrete surface wastes resulting from uranium solution extraction
1-17 processes<, and other tailings having similar radiological
1-18 characteristics>.
1-19 (18) "Radioactive waste" means radioactive material,
1-20 other than by-product material defined by Subdivision (3)(B), <or>
1-21 uranium ore, or naturally occurring radioactive material having
1-22 similar radiological characteristics to by-product material defined
1-23 by Subdivision (3)(B), that:
2-1 (A) is discarded or unwanted and is not exempt
2-2 by department rule adopted under Section 401.106; or
2-3 (B) would require processing before it could
2-4 have a beneficial reuse.
2-5 (24) "Naturally occurring radioactive material" means
2-6 a solid, liquid, or gaseous material or combination of materials,
2-7 excluding source material, special nuclear material, and by-product
2-8 material, that in its natural physical state spontaneously emits
2-9 radiation.
2-10 SECTION 2. Chapter 401, Health and Safety Code, is amended
2-11 by adding Section 401.416 to read as follows:
2-12 Section 401.416. OIL AND GAS NORM WASTE DISPOSAL. Disposal
2-13 of NORM waste, generated during the exploration or production of
2-14 oil, gas, or other minerals, is subject to all requirements of
2-15 Section G applicable to disposal of by-product material, except
2-16 that disposal of such NORM by persons owning or operating a site
2-17 that has or is generating NORM shall not be subject to the
2-18 requirements of Section G if that NORM is disposed at properties
2-19 owned or operated by that person. Disposal on such properties
2-20 shall be subject to regulations established by the Texas Water
2-21 Commission and applicable to disposal of NORM on properties or in
2-22 wells owned or operated by that person.
2-23 SECTION 3. EMERGENCY. The importance of this legislation
2-24 and the crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended.