ACG C.S.H.B. 3462 75(R)    BILL ANALYSIS


ENVIRONMENTAL REGULATION
C.S.H.B. 3462
By: Chisum
4-8-97
Committee Report (Substituted)



BACKGROUND 

In 1991, the Legislature voted to move the radioactive by-product
materials program from the Texas Department of Health to the newly created
Texas Natural Resource Conservation Commission. Although the by-product
material program was moved, many other programs dealing with radioactivity
remained at the TDH.  As a result, TDH retained most of the staff who work
with radioactive issues on a day-in, day-out basis, and therefore the bulk
of expertise on radioactive matters.  This bill seeks to reverse the
transfer of the by-product materials program primarily to take advantage
of the expertise in radioactive matters that continues to be lodged at
TDH. 

Additionally, those regulated entities subject to the radioactive
by-product materials program are dwindling in number.  There are
approximately seven companies who currently are regulated by the program,
and it is anticipated that in a few years the number will drop to three or
four companies at the most.  Because of the dwindling number of companies
within the program, the fees currently needed to fund TNRCC's program will
place a proportionately heavier and heavier burden on the regulated
companies.  If the program is moved, the radioactivity experts at TDH will
be able to share their expertise and the by-product materials regulatory
program will be more cost-effective. 

The TNRCC and TDH agree with the proposed transfer of the program, and
agree that it is likely to result in efficiencies in regulation for both
agencies.  

The transfer will NOT apply to the TNRCC's jurisdiction over the Low Level
Radioactive Waste Disposal Authority's permit or the U.S. Department of
Transportations's jurisdiction over shipping of low specific activity
material or uranium. 

PURPOSE

 This bill would move the by-product radioactive materials program to the
TDH in order to take advantage of the expertise in radioactive matters
that continues to be lodged at TDH. 

RULEMAKING AUTHORITY

 It is the committee's opinion that this bill grants rulemaking authority
to the Texas Department of Health in SECTION 2 of the bill (Sec.
401.104(b), Health & Safety Code). 
 It is the committee's opinion that this bill transfers rulemaking
authority from the TNRCC to the Board of Health in SECTION 5 of this bill
(Sec. 401.263 (f), Health & Safety Code). 
 It is the committee's opinion that this bill transfers rulemaking
authority from the TNRCC to the Board of Health in SECTION 8 of the bill
(Sec. 401.266(a), Health & Safety Code). 
 It is the committee's opinion that this bill stipulates which agency
rules will be followed until new rules are adopted by the Board of Health
and requires the Board of Health to make every effort to consolidate and
streamline the applicable rules in SECTION 14(e) of the bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sec. 401.011(a) and (b), Health & Safety Code, to
clarify that TDH has jurisdiction over radioactive by-product materials
regulated under Subchapter G, Health and Safety Code and removes specific
authority for these materials from TNRCC. 

 SECTION 2.  Amends Sec. 401.104(b), Health & Safety Code to return
jurisdiction over radioactive by-product material to TDH. 

SECTION 3.  Amends Sec. 401.262, Health & Safety Code to change
jurisdictional references to TDH from TNRCC and provides that sites must
be closed out and by-product material disposed of in compliance with the
federal NRC and EPA standards and closure criteria. 

SECTION 4.  Amends Sec. 401.2625, Health & Safety Code, to change
jurisdictional references to TDH from TNRCC. 

SECTION 5.  Amends Sec. 401.263(a), (c), (d), (e), and (f), Health &
Safety Code, to change jurisdictional references to TDH from TNRCC and
includes licensing of disposal. 

SECTION 6.  Amends Sec. 401.264(a), (c), and (d), Health & Safety Code, to
change jurisdictional references to TDH from TNRCC. 

SECTION 7.  Amends Sec. 401.265, Health & Safety Code, to change
jurisdictional references to TDH from TNRCC and provides that TDH
standards much be compatible with federal commission standards rather than
equivalent or more stringent than. 

SECTION 8.  Amends Sec. 401.266(a), Health & Safety Code, to change
jurisdictional references to TDH from TNRCC. 

SECTION 9.  Amends Sec. 401.267, Health & Safety Code, to change
jurisdictional references to TDH from TNRCC. 

SECTION 10.  Amends Sec. 401.269, Health & Safety Code, to change
jurisdictional references to TDH from TNRCC. 

SECTION 11.  Amends Sec. 401.270(a), (b), (e), and (f), Health & Safety
Code, to clarify jurisdictional references between TDH and TNRCC. 

SECTION 12.  Amends Sec. 401.412(a) and (b), Health & Safety Code, to
clarify jurisdictional reference to TNRCC authority. 

SECTION 13.  Amends Sec. 401.413, Health & Safety Code, to clarify
jurisdictional reference to TNRCC authority. 

SECTION 14.  Provides for the transfer of programs, rights, duties,
documents, appropriations, etc. of radioactive source material recovery
and processing, including recovery, processing, and disposal of by-product
material and long-term care of decommissioned by-product sites to TDH from
TNRCC. 

SECTION 15.  Provides that TNRCC will continue its activities pursuant to
a groundwater cleanup cooperative agreement at the Falls City site, and
that appropriations for such activities remain with TNRCC. 

SECTION 16.  Provides that the transfer of programs does not affect the
TNRCC's jurisdiction over the Low-Level Radioactive Waste Disposal
Authority, the U.S. Department of Transportations's jurisdiction over
shipping of certain radioactive materials, or any pending litigation. 

SECTION 17.  Directs the TDH, to the extent feasible, to apply standards
of the U.S. Nuclear Regulatory Commission until the department adopts its
own relevant standards. 

SECTION 18.  Directs the TDH to reevaluate the fees assessed under the
program and return, as appropriate, and fees that are in excess of that
necessary to fund TDH's activities. 

SECTION 19.  Emergency Clause.

 
COMPARISON OF ORIGINAL TO SUBSTITUTE

1.  Language is added in the substitute not in the filed version which
clarifies that sites that are to be closed out are processing and disposal
sites, and that decommissioned sites refer to by-product sites; also
clarifies that the closure criteria of the federal NRC are met, and
clarifies that jurisdiction for NORM waste is not changed. 

2.  Language is added in the substitute not in the filed version to
provide that TDH will assess fees being charged for applications, and if
sufficient efficiencies exist to allow the refund of fees paid in the past
year, that such refunds should be made.  Clarifies that fees cannot be
assessed again for applications that are pending. 

3.  The substitute changes certain references from the Board of Health to
the Department of Health, where the department is the appropriate body for
the activities provided for in the bill. 

4.  The substitute includes a provision not in the filed version requiring
that TNRCC will keep the cleanup activities at the Falls City UMTRA site. 

5.  The substitute clarifies that TDH must meet both NRC and EPA standards
by adding reference to EPA.