SB 95 — RADIOACTIVE WASTE CONSULTATION TASK FORCE

SENATE BILL 95 5454TH THLEGISLATURE LEGISLATURE- STATE OF NEW MEXICO - STATEOFNEWMEXICO- SECOND SESSION , 2020 INTRODUCED BY Jeff Steinborn 6This 8document 10incorporates ANamendments ACTthat RELATINGhave TObeen RADIOACTIVEadopted MATERIALS;during the current legislative session.

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PRESCRIBINGAN RESPONSIBILITIESACT REGARDINGRELATING PRIVATETO DISPOSALRADIOACTIVE FACILITIES;MATERIALS;

AMENDING THE DUTIES AND h COMPOSITION OF THE RADIOACTIVE WASTE CONSULTATION TASK FORCE;

g o PRESCRIBING RESPONSIBILITIES REGARDING PRIVATE DISPOSAL t hr g e i k FACILITIES;

16h r i s h , t, BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

e tu 17g e b l e e h SECTION 1.

Section 74-4A-4 NMSA 1978 (being Laws 1981, w l n d 18d i = = o h Chapter 374, Section 3, as amended) is amended to read:

=l =] 19b ,d i a º e "74-4A-4.

DEFINITIONS.--As used in the Radioactive and ar l i a= r t e rw 20d m a n o Hazardous Materials Act:

ad t m m: 21 A.

"committee"b meanse thed joints interimº legislativeo t n = .216390.1AIC February 16, 2020 (11:34am) s k m e e a n e d r e 22l radioactiveu and[ hazardousA materialsd committee;A.

c"committee" emeans sthe kjoint 23interim B.legislative radioactive and hazardous materials committee;

"disposal"B. means the long-term isolation of e a n b 24 radioactive material, including [long-term ] temporary or u [ permanent monitored storage, [which] that permits retrieval of .216390.1 the radioactive material stored and includes the temporary or permanent disposal of all hazardous wastes;

"disposal" means the long-term isolation of radioactive material, including [long-term ] temporary or permanent monitored storage, [which] that permits retrieval of the radioactive material stored and includes the temporary or permanent disposal of all hazardous wastes;

"hazardous waste" means any garbage, refuse or sludge from a waste treatment plant, water supply treatment plant or air pollution control facility or other discarded material, including solid, liquid, semisolid or [containing ] gaseous material resulting from industrial, commercial, mining h or agricultural operations or from community activities [which ] g o t hr that because of its quantity, concentration or physical, g e i k chemical or infectious characteristics may cause or h r i s significantly contribute to an increase in mortality or an h , t, increase in serious irreversible or incapacitating reversible e u g e 17b l e e h illness or pose a substantial [present ] current or potential e e n d 18d i = = o h hazard to human health or the environment when improperly = = l ] 19b ,d i a º e treated, stored, transported, disposed of or otherwise managed.

a l r i 20= Ther term "hazardous waste" does not include solid or dissolved t e aw td material in domestic sewage or animal excrement in connection m ma 21n eo dThe rterm e"hazardous 22waste" withdoes farm,not ranchinclude or feedlot operations or solid or dissolved cd em r: c 23 materials in irrigation return flows or industrial discharges e a n b 24 that are point sources subject to permits under Section 402 of u [ the federal Water Pollution Control Act, as amended, as the .216390.1 - 2 - provisions exist on January 1, 1981, or source, special or byproduct material as defined in the federal Atomic Energy Act of 1954, as amended, as these definitions exist on January 1, 1981, or any of the following, until the environmental improvement board determines that they are subject to Subtitle 6 C of the federal Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C.

b e d s º o t n = .216390.1AIC February 16, 2020 (11:34am) s k m e - 2 - e a n e d r e l u [ A d material in domestic sewage or animal excrement in connection with farm, ranch or feedlot operations or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permits under Section 402 of the federal Water Pollution Control Act, as amended, as the provisions exist on January 1, 1981, or source, special or byproduct material as defined in the federal Atomic Energy Act of 1954, as amended, as these definitions exist on January 1, 1981, or any of the following, until the environmental improvement board determines that they are subject to Subtitle C of the federal Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C.

drilling fluids, produced waters and other wastes associated with the exploration, development or production of crude oil or natural gas or geothermal energy, any fly ash waste, bottom ash waste, slag waste, flue gas emission control waste generated primarily h from the combustion of coal or other fossil fuels and solid u » r waste from the extraction, beneficiation or processing of ores t h g e l i and minerals, including phosphate rock and overburden from the h r i s mining of uranium ore or cement kiln dust waste;

h , e h E.

"high-level waste" means the highly radioactive t u g e b l e 17e , gh materials produced as a byproduct of the reactions that occur e e n d 18d i = = o h inside nuclear reactors, including spent nuclear fuel, or = = l ] 19b ,d i a º r highly radioactive wastes resulting from the reprocessing of ae l r i= 20t e w d m a n o spent nuclear fuel and includes both the liquid waste [which ] td e a t that is produced directly in reprocessing and any solid m m: 21 e d r e 22 material into which such liquid waste is made;

cb r e t º o t n = .216390.1AIC February 16, 2020 (11:34am) s k m e - 3 - e a n e d r ce 23l F.u [ A d that is produced directly in reprocessing and any solid material into which such liquid waste is made;

"low-levelF. waste" means material contaminated e a n b 24 with radioactive elements emitting beta or gamma particles or u [ with traces of transuranic elements in concentrations of less .216390.1 - 3 - than one hundred nanocuries per gram;

"low-level waste" means material contaminated with radioactive elements emitting beta or gamma particles or with traces of transuranic elements in concentrations of less than one hundred nanocuries per gram;

h I.

"radioactive waste" means high-level waste, g o t hr transuranic contaminated waste and low-level waste;

g e i k J.

"spent nuclear fuel" means nuclear fuel that has h r i s been irradiated in and recovered from a civilian nuclear power h , t, plant;

e u g e 17b l e e h K.

"task force" means the radioactive waste e e n d 18d i = = o h consultation task force;

and = = l ] 19b ,d i a º e L.

"transuranic contaminated waste" means material a l r i 20= contaminatedr with radionuclides emitting alpha radiation having t e aw td anm atomica numbern greatero thancontaminated ninety-two,with includingradionuclides neptunium,emitting malpha mradiation 21having e d rm e: 22 plutonium, americium and curium, in concentrations of greater c e r c 23 than one hundred nanocuries per gram." e a n b 24 SECTION 2.

Sectionb 74-4A-6e NMSAd 1978s (beingº Lawso 1979,t un [= Chapter.216390.1AIC 380,February Section16, 5,2020 as(11:34am) amendeds byk Lawsm 2001,e Chapter 12, .216390.1 - 4 - Sectione 1a n e d r e l u [ A d an atomic number greater than ninety-two, including neptunium, plutonium, americium and alsocurium, byin Lawsconcentrations 2001,of Chaptergreater 103,than Sectionone 1)hundred isnanocuries amendedper togram." read:SECTION 2.

Section 74-4A-6 NMSA 1978 (being Laws 1979, Chapter 380, Section 5, as amended by Laws 2001, Chapter 12, Section 1 and also by Laws 2001, Chapter 103, Section 1) is amended to read:

andSflº and»Sfl homeland security and emergency management orSflº; their designees.

and Indian affairs department»Sfl or their designees.

The state fire marshal or [his ] the state h fire marshal's designee shall serve as a [non-voting] nonvoting g o t hr member of the task force." g e i k SECTION 3.

Section 74-4A-7 NMSA 1978 (being Laws 1979, h r i s Chapter 380, Section 6, as amended) is amended to read:

h , t, e u g "74-4A-7.

DUTIES OF THE TASK FORCE.-- e b l e e h A.