1. (a) Where the sole purpose of the exportation is to manage or process the waste for recycling or waste reduction and return it to the party states for disposal in the Compact Facility, party state generators are not required to obtain an export permit; however,

2. (b) The generator shall be required to file a report with the Commission no later than 10 days after the shipment of the waste under subsection (a) of this section. Reports may be filed by facsimile or e-mail. A generator may satisfy the reporting requirement by timely filing with the Commission Forms 540 and 541 promulgated by the U.S. Nuclear Regulatory Commission, as applicable, with supplemental data indicating the types of waste management employed at the waste management facility. Alternatively, generator reports shall include the following information:

   1. (1) The volume of waste proposed for exportation, the type, physical and chemical form of waste proposed for exportation, the approximate radioactivity of the waste, and the specific radionuclides contained therein;
   2. (2) The location and name of waste processing facility(ies) receiving and processing the waste, the type of waste management employed at the waste management facility, whether the exported waste is mixed or commingled with waste from other generators.

3. (c) Upon return of the waste to the generator:

   1. (1) The generator shall file a report informing the Commission of the volume, physical form and activity of the waste returned to the party state generator; and
   2. (2) The generator and the processor shall certify that the waste has not been down-blended or blended, mixed or commingled with low-level radioactive waste that was not generated in the party states, except for waste incidental to processing, and that does not exceed 5-percent of the total activity.

Source Note:The provisions of this §675.22 adopted to be effective February 8, 2011, 36 TexReg 571.