Current law allows the state board of health to adopt rules concerning the disposal of naturally occurring radioactive materials (NORM) only after the federal environmental protection agency (EPA) has adopted rules concerning the disposal of NORM. The EPA has not adopted the rules. The bill repeals this prohibition and requires the state board to adopt rules, which must also regulate technologically enhanced NORM (TENORM), by December 31, 2020.
Before the rules are adopted, the department of public health and environment is required to:
- Convene a stakeholder group to discuss the development of rules; and
- Prepare a report and a detailed summary of the stakeholder process and provide them to the general assembly by December 31, 2019.
Until the rules become effective, the handling, transportation, beneficial use, and disposal of TENORM is governed by guidance, including specified letters, issued by the department.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)