PRINTER'S NO. 861
No. 761 Session of 1997
INTRODUCED BY GEORGE, PISTELLA, DeWEESE, WALKO, BAKER, READSHAW,
TRAVAGLIO, FAIRCHILD, HUTCHINSON, COLAIZZO, STABACK, SATHER,
BELARDI, GRUITZA, EVANS, VITALI, THOMAS, STEELMAN, JOSEPHS,
MUNDY, ROONEY, SURRA, PETRARCA, TRELLO, McCALL, YOUNGBLOOD,
CAPPABIANCA, CAWLEY, MELIO, CURRY, LAUGHLIN, MIHALICH AND
RAMOS, MARCH 12, 1997
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
MARCH 12, 1997
AN ACT
1 Amending the act of February 9, 1988 (P.L.31, No.12), entitled
2 "An act providing for low-level radioactive waste disposal;
3 further providing for powers and duties of the Department of
4 Environmental Resources and the Environmental Quality Board;
5 providing for the siting of low-level radioactive waste
6 disposal facilities and for the licensing of operators
7 thereof; establishing certain funds and accounts for the
8 benefit of host municipalities and the general public;
9 establishing the Low-Level Waste Advisory Committee and
10 providing for its powers and duties; providing for membership
11 on the Appalachian States Low-Level Radioactive Waste
12 Commission; requiring certain financial assurances; providing
13 enforcement procedures; providing penalties; making repeals;
14 and making appropriations," further providing for the
15 definition of "low-level waste," for the powers and duties of
16 the Department of Environmental Protection, for facility
17 design and operational management regulations and for site
18 selection.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. The definition of "low-level waste" in section
22 103 of the act of February 9, 1988 (P.L.31, No.12), known as the
23 Low-Level Radioactive Waste Disposal Act, is amended to read:
1 Section 103. Definitions.
2 The following words and phrases when used in this act shall
3 have the meanings given to them in this section unless the
4 context clearly indicates otherwise:
5 * * *
6 "Low-level waste." Radioactive waste that:
7 (1) is not high-level radioactive waste, spent nuclear
8 fuel, or by-product material as defined in section 11(e)(2)
9 of the Atomic Energy Act of 1954 (68 Stat. 922, 42 U.S.C. §
10 2014(e)(2)), waste generated as a result of atomic energy
11 defense activities of the Federal Government, and waste for
12 which the Federal Government is responsible under section
13 3(b)(1) of the Low-Level Radioactive Waste Policy Amendments
14 Act of 1985; and
15 (2) is classified by the Federal Government as low-level
16 waste, consistent with the Low-Level Radioactive Waste Policy
17 Amendments Act of 1985; [or]
18 (3) contains naturally occurring or accelerator-produced
19 radioactive material, which is not excluded by paragraph (1)
20 or (2); or
21 (4) is not waste that is referred to as Class C waste.
22 * * *
23 Section 2. Section 301(6) of the act is repealed.
24 Section 3. Section 305 of the act is amended to read:
25 Section 305. Facility design and operational management
26 regulations.
27 The department shall establish by regulation minimum
28 engineering design and operational management criteria for the
29 regional facility. These criteria shall be in addition to those
30 required by regulations adopted under the Atomic Energy Act of
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1 1954. Shallow land burial, as defined in this act, is
2 prohibited. An above-land grade facility is required [unless
3 other designs provide significant improvement in recoverability,
4 monitoring, public health and environmental protection]. The
5 facility shall have the goal of a zero release capacity. The
6 criteria shall include, but not be limited to, provisions for
7 enhanced containment, recoverability, long-term passive
8 isolation, minimization of risks from water intrusion,
9 protection from inadvertent intruders, monitoring and special
10 requirements for various classes of wastes [which shall include,
11 but not be limited to, provisions for the segregation and
12 recoverability of Class C waste]. The Environmental Quality
13 Board shall hold at least one public information meeting and at
14 least one public hearing on the regulations, and shall solicit
15 and take into consideration written public comments, prior to
16 final adoption. There shall be 30 days' public notice before the
17 hearings. Notice shall, at a minimum, be provided in the
18 Pennsylvania Bulletin and in newspapers of general circulation
19 in each county.
20 Section 4. Section 307(g) of the act is repealed.
21 Section 5. This act shall take effect immediately.
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