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Waste Control Specialists LLC License Application for Low-Level Radioactive Waste Disposal

Links to forms, guidance documents, and correspondence between the TCEQ and Waste Control Specialists LLC (WCS) concerning WCS's license application to authorize near-surface land disposal of low-level radioactive waste in Andrews County.

On August 4, 2004, Waste Control Specialists, LLCExit the TCEQ (WCS) submitted to the TCEQ an application for a license (read the current WCS application Exit the TCEQ) to authorize near-surface land disposal of low-level radioactive waste (LLRW). This license application seeks authorization to construct and operate in Andrews County a facility that will receive both compact states’Exit the TCEQ waste and federal waste for disposal.

Current Status: Commissioners Approve Application

On January 14, 2009 the TCEQ Commissioners approved an order on the application of Waste Control Specialists, LLC for Radioactive Material License No. R04100 and the order was signed on January 20, 2009.  Unless a Motion for Rehearing ("MFR" or "motion") is timely filed with the chief clerk, this action of the Commission may become final. A MFR is a request for the Commission to review its decision on the matter. Any motion must explain why the Commission should review the decision. A MFR must be received by the chief clerk's office by February 20, 2009. The license will be issued after condemnation proceedings are completed and the applicant has acquired the mineral rights on the underlying land at which the site will be located.

Licensing Rules

Under House Bill 1567, 78th Texas Legislature, Regular Session,Exit the TCEQ a 30-day window was established — from July 8 through August 6, 2004 — for parties that intended to build low-level radioactive waste disposal facilities in Texas to submit an application to the TCEQ. Waste Control Specialists LLCExit the TCEQ submitted an application (read the current WCS application Exit the TCEQ) under this legislation.

To review this application, our staff follows the rules found in these chapters of Title 30, Texas Administrative Code (30 TAC):

Among other factors, a successful application must demonstrate with reasonable assurance that the facility and its operators will comply with these sections of 30 TAC:

Application Review Timeline

Date Event
July 8, 2004 30-day period begins in which HB1567, 78th Texas Legislature, Regular Session,Exit the TCEQ allows parties to file applications for licenses to build and operate near-surface LLRW disposal facilities in Texas
Aug. 4, 2004 Waste Control Specialists LLC,Exit the TCEQ (WCS) files license application with TCEQ for a planned facility in Andrews County (read the current WCS application Exit the TCEQ)
Aug. 6, 2004 30-day application window ends
Sept. 17, 2004 TCEQ issues First Notice of Administrative Deficiency to WCS
Oct. 18, 2004 WCS submits its response to first notice of administrative deficiency
Nov. 17, 2004 TCEQ finds that application remains incomplete and issues Second Notice of Administrative Deficiency to WCS
Dec. 17, 2004 WCS submits its response to second notice of administrative deficiency
Jan. 14, 2005 TCEQ finds that application remains incomplete and issues Third Notice of Administrative Deficiency to WCS
Jan. 31, 2005 WCS submits its response to third notice of administrative deficiency
Feb. 18, 2005 TCEQ finds WCS license application to be administratively complete and issues Notice of Declaration of Administrative Completeness, which describes subsequent public notice and evaluation phases for the application
Mar. 31, 2005 TCEQ holds public meeting at Andrews High School to receive comments on this application
May 2, 2005 TCEQ publishes Evaluation of Merit Report evaluating application’s merit and responding to public comments
July 20, 2005 TCEQ issues a courtesy letter to WCS providing an early notification of issues that are of fundamental importance to the consideration of the WCS application.
September 16, 2005 TCEQ issues the First Technical Notice of Deficiency which provides comments and requests additional actions to resolve the noted deficiencies in the WCS application. Under separate cover, labeled "CONFIDENTIAL," the TCEQ submitting two additional attachments which request information to resolve deficiencies regarding financial information that WCS designated as "CONFIDENTIAL."
September 20, 2005 TCEQ issues a Revision to Attachment 3 of the First Technical Notice of Deficiency. The revision adds comments that were inadvertently omitted by an editing error.
November 30, 2005 WCS responds to the First Technical Notice of Deficiency (TNOD). Changes to the WCS License Application were enclosed as Revision 9. Responses to the first TNOD’s confidential financial information, dated September 16, 2005, were provided under separate cover directly to the TCEQ Financial Administration Division.
January 30, 2006 TCEQ issues the Second Technical Notice of Deficiency which provides comments and requests additional actions to resolve the noted deficiencies in the WCS application. Under separate cover, labeled "CONFIDENTIAL," the TCEQ issues two additional attachments which request information to resolve deficiencies regarding financial information that WCS designated as "CONFIDENTIAL."
March 31, 2006 WCS responds to the Second Technical Notice of Deficiency (TNOD). Changes to the WCS License Application were enclosed as Revision 11. Responses to the second TNOD’s confidential financial information, dated March 31, 2006, were provided under separate cover directly to the TCEQ Financial Administration Division. The Radioactive Material Licensing Team continued its technical review of the WCS application. This review was scheduled to be completed by August 31, 2006.
June 5, 2006 TCEQ advises WCS that many significant deficiencies in its application remain unresolved.
June 30, 2006 TCEQ issued a List of Concerns to WCS regarding unresolved license application issues. This information is needed before the application can be considered complete. WCS is now determining whether to apply for an extension of time and, if an extension is requested, what time would be needed to prepare and submit the additional information.
August 8, 2006 In a letter sent August 8, 2006, WCS requested an extension to the licensing process until May 31, 2007, in order to fully respond to the outstanding issues from the Second Technical Notice of Deficiency.
August 30, 2006

TCEQ grants the extension request.
May 1 , 2007

TCEQ officially accepts responses andrevision to the application. Changes to the WCS License Application were enclosed as Revision 12c.
December 10, 2007

The TCEQ submitted a Cover Letter, Initial Draft License and a Draft Licensing Order to WCS for review and comment.
January 9, 2008

WCS submits comments on Initial Draft License and Draft Licensing Order.
August 11, 2008

The Executive Director files documents with the Office of the Chief Clerk.
August 13, 2008

TCEQ Office of Chief Clerk mailed the Notice of Technical Summary and Executive Director's Preliminary Decision, Final Draft Licensing Order, Final Draft License and the Draft Environmental Analysis to Waste Control Specialists LLC and adjacent land and mineral rights owners for notice of preliminary decision. Upon WCS publishing the official TCEQ notice, the public will have 30 days to provide comment and request a hearing.
September 8, 2008

Public meeting in Andrews Texas on the application and preliminary decision.
September 16, 2008

End of public comment period.
November 19, 2008

TCEQ Commissioners to consider mineral rights condemnation proceedings.
November 21, 2008 The TCEQ Commission issues an order for the Executive Director to transmit a request to the Attorney General of the State of Texas to begin condemnation proceeding to acquire the mineral rights underlying land on which the low-level radioactive waste disposal facility site is proposed to be located.
December 2 , 2008 The Executive Director of the TCEQ files response to comments and proposed revised draft license with the Office of the Chief Clerk.
January 14 , 2009 On January 14, 2009 the TCEQ Commissioners approved an order granting the application of Waste Control Specialists, LLC for Radioactive Material License No. R04100.  The license will be issued after condemnation proceedings are completed and the applicant has acquired the mineral rights on the underlying land at which the site will be located.
January 28 , 2009 The Office of the Chief Clerk mails the Motion for Rehearing to persons on mailing list, with copies of signed licensing order and unsigned draft license.

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Last Modified Thu, 24 Sep 2009
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