SB 82 — RADIOACTIVE WASTE CONSULTATION TASK FORCE

SENATE BILL 82 55TH LEGISLATURE -STATEOFNEWMEXICO-- STATEOFNEWMEXICO- FIRST SESSION, 2021 INTRODUCED BY Jeff Steinborn 6This 8document 10may ANincorporate ACTamendments RELATINGproposed TOby RADIOACTIVEa MATERIALS;committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.

AMENDINGThe THEdocument DUTIESis ANDa COMPOSITIONtool OFto THEshow RADIOACTIVEamendments WASTEin CONSULTATIONcontext TASKand FORCE;cannot be used for the purpose of adding amendments to legislation.

PRESCRIBINGh RESPONSIBILITIESAN REGARDINGACT PRIVATEg DISPOSALo FACILITIES;RELATING TO RADIOACTIVE MATERIALS;

AMENDING THE DUTIES AND t hr g e i k COMPOSITION OF THE RADIOACTIVE WASTE CONSULTATION TASK FORCE;

h r i s PRESCRIBING RESPONSIBILITIES REGARDING PRIVATE DISPOSAL h , t, FACILITIES;

16e u g e b l e e h n d d i = = o h BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

el t] 17b ,d i a º e SECTION 1.

Section 74-4A-4 NMSA 1978 (being Laws 1981, wr li n= r t e w d 18m a n o Chapter 374, Section 3, as amended) is amended to read:

=d =m 19: a l "74-4A-4.

DEFINITIONS.--Asb usede ind thes Radioactiveº ando it n = .218498.2AIC March 18, 2021 (11:19am) s k m e e a n e d r 20e Hazardousl Materialsu Act:[ A d "74-4A-4.

aDEFINITIONS.--As tused min mthe 21Radioactive A.and Hazardous Materials Act:

"committee"A. means the joint interim legislative d r e 22 radioactive and hazardous materials committee;

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 .218498.2 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, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility or other discarded h material, including solid, liquid, semisolid or [containing][containing ] g o t hr gaseous material resulting from industrial, commercial, mining g e i k or agricultural operations or from community activities [which][which ] h r i s that because of its quantity, concentration or physical, h , t, chemical or infectious characteristics may cause or e u g e b l e e h significantly contribute to an increase in mortality or an n d d i = = o h increase in serious irreversible or incapacitating reversible el t] 17b ,d i a º e illness or pose a substantial [present][present ] current or potential wr li n= r t e w d 18m a n o hazard to human health or the environment when improperly =d =m 19: a l treated, stored, transported, disposed of or otherwise managed.

ib a e rd 20s Theº termo "hazardous waste" does not include solid or dissolved a t mn m= 21.218498.2AIC materialMarch in18, domestic2021 sewage(11:19am) or animal excrement in connection d r e 22 with farm, ranch or feedlot operations or solid or dissolved c e s k 23m materialse in- irrigation2 return- flows or industrial discharges e a n be 24d thatr aree pointl sources subject to permits under Section 402 of u [ theA Federald Watertreated, Pollutionstored, Controltransported, Act,disposed as amended, as the .218498.2 - 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 anyotherwise ofmanaged. 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.

The term "hazardous waste" does not include solid or dissolved 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 h gas or geothermal energy, any fly ash waste, bottom ash waste, u » r slag waste, flue gas emission control waste generated primarily t h g e l i from the combustion of coal or other fossil fuels, solid waste h r i s from the extraction, beneficiation or processing of ores and h , e h minerals, including phosphate rock and overburden from the t u g e b l e e , gh mining of uranium ore or cement kiln dust waste;

n d d i = = o h E.

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

cb r e t º o t n = .218498.2AIC March 18, 2021 (11:19am) s k 23m F.e - 3 - e a n e d r e l u [ A d highly radioactive wastes resulting from the reprocessing of spent nuclear fuel and includes both the liquid waste [which ] 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 .218498.2 - 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;

"radioactive materials" means any material or combination of materials [which][which ] that spontaneously emits ionizing radiation, including high-level waste.waste .

Materials in which the estimated specific activity is not greater than 0.002 microcuries per gram of material, and in which the h radioactivity is essentially uniformly distributed, are not g o t hr considered to be radioactive materials;

g e i k I.

"radioactive waste" means high-level waste, h r i s transuranic contaminated waste and low-level waste;

h , t, J.

"spent nuclear fuel" means nuclear fuel that has e u g e b l e e h been irradiated in and recovered from a civilian nuclear power n d d i = = o h plant;

el t] 17b ,d i a º e K.

"task force" means the radioactive waste wr li n= r t e w d 18m a n o consultation task force;

and =d =m 19: a l L.

"transuranicb contaminated waste" means material i a e rd 20s contaminatedº witho radionuclides emitting alpha radiation having a t mn m= 21.218498.2AIC anMarch atomic18, number2021 greater(11:19am) thans ninety-two,k includingm neptunium, d r e 22- plutonium,4 americium- ande curium,a inn concentrations of greater c e sd kr 23 than one hundred nanocuries per gram." e al nu b[ 24A SECTIONd 2.L.

Section"transuranic 74-4A-6contaminated NMSAwaste" 1978means (beingmaterial Lawscontaminated 1979,with uradionuclides [emitting Chapteralpha 380,radiation Sectionhaving 5,an asatomic amendednumber bygreater Lawsthan 2001,ninety-two, Chapterincluding 12,neptunium, .218498.2plutonium, -americium 4 - Section 1 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:

[and highway and]and ] transportation;

and Indian affairs or their designees.designees SCONCºand the commissioner of public lands or the commissioner's designee»SCONC .

TheHENRCºThe h [chairman] chair and vice [chairman] chair, or their designees g o t hr from the committee, shall be advisory members of the task force.g e i k force.»HENRC The state fire marshal or [his] the state fire h r i s marshal's designee shall serve as a [non-voting] nonvoting h , t, e u g member of the task force." e b l e e h SECTION 3.

TheSection state74-4A-7 fireNMSA marshal1978 or(being [his]Laws the1979, staten fired marshal'sd designeei shall= serve= aso ah [non-voting]Chapter nonvoting380, memberSection of6, theas taskamended) force."is SECTIONamended 3.to read: