§ 29-0503 — State agency actions on licenses, permits, or approvals for low-level radioactive waste management facilities

§ 29-0503. State agency actions on licenses, permits, or approvals for\n low-level radioactive waste management facilities.\n 1. With respect to any particular permanent disposal facilities, all\napplications for state licenses, permits, or other approvals required\nfor those facilities shall be submitted contemporaneously to the\nrespective state agencies with jurisdiction to grant such licenses,\npermits, or other approvals; and shall be accompanied by a draft\nenvironmental impact statement for those facilities and a list\nidentifying each state license, permit, or other approval for which such\napplications have been submitted and the jurisdictional state agency for\nsuch license, permit, or other approval.\n 2. Notwithstanding any other provision of law, all applications to a\nsingle state agency for required state licenses, permits, or other\napprovals for particular low-level radioactive waste management\nfacilities shall be consolidated by such state agency and considered in\na single proceeding, which shall be completed as expeditiously as\npossible.\n 3. All state agencies to which applications for required licenses,\npermits, or other approvals for particular low-level radioactive waste\nmanagement facilities have been submitted shall keep each other informed\nof the procedural status of such applications and the proceedings\nthereon.\n 4. With respect to the proceedings on applications for required state\nlicenses, permits, and other approvals for particular low-level\nradioactive waste management facilities:\n a. If any such license, permit, or other approval for the particular\nlow-level radioactive waste management facilities in question is within\nthe jurisdiction of the department, the department shall be the lead\nagency with respect to environmental review of all applications to state\nagencies for such licenses, permits, or other approvals.\n b. No later than thirty days after submission to the lead agency and\nother state agencies of such applications, the lead agency and each such\nother state agency shall give notice to the applicant that such\napplications within their respective jurisdictions have been determined\nto be complete or have been determined to be incomplete; provided,\nhowever, that when there is a requirement pursuant to federal law for a\ntentative determination or draft permit to be prepared prior to public\nnotice or hearing, the time within which the agency shall make its\ndetermination whether or not the application is complete shall be\nextended by thirty days. If any such application has been determined to\nbe incomplete, such notice shall include a detailed list of specific\ndeficiencies in such application.\n c. No later than sixty days after the lead agency and other\njurisdictional state agencies have made their respective determinations\nthat such applications within their respective jurisdictions are\ncomplete, the lead agency shall begin public hearings on the draft\nenvironmental impact statement and all other matters related to such\napplications. Any state agency, other than the lead agency, which\ndetermines to conduct public hearings with respect to any action or\nproceeding before it on such applications shall conduct such public\nhearings jointly with the public hearings conducted by the lead agency\nwith respect to such facilities. The department shall hold an issues\nconference prior to the commencement of the hearing. At least one\nhearing shall be held at a reasonably convenient location in the general\ngeographic vicinity of each of the proposed sites.\n d. No later than one hundred fifty days after the commencement of such\nhearings for any low-level radioactive waste management facilities, such\nhearings and the period for the receipt of any written comments,\narguments, or analyses with respect to matters raised in such hearings\nshall have been completed.\n e. No later than ninety days after completion of such hearings and the\nperiod for the receipt of written comments, arguments, or analyses with\nrespect to matters raised in such hearings, the lead agency shall issue\na final environmental impact statement related to the applications which\nwere the subject of such hearings. In addition to any other information\notherwise required for a final environmental impact statement, such\nstatement shall include:\n (i) Copies of the minutes of the public hearings held on the draft\nenvironmental impact statement associated with a state agency action on\na license, permit, or approval for a low-level radioactive waste\nmanagement facility, and the department's responses to the views,\ncomments, information and recommendations thereon; and\n (ii) A listing providing a brief description, identification, or\nreference for each report, study, or other document relied upon by the\ndepartment for information supporting its analyses or conclusions.\n f. The lead agency shall keep each other state agency before which any\nsuch application is pending informed of the progress of its development\nof the final environmental impact statement. Immediately upon issuance\nof the final environmental impact statement, the lead agency shall\ndeliver a copy to each such other state agency. No later than thirty\ndays after the issuance of such final environmental impact statement,\nthe lead agency and each such other state agency shall issue their\ndecisions with respect to such licenses, permits, and other approvals\nwith any reasonable modifications or conditions which the lead agency,\nand each such other state agency, respectively, finds required in\naccordance with the provisions of law and regulations applicable to its\nrespective action or proceeding. Each agency shall publish notice in the\nstate register of its decision with respect to such licensing or other\napproval. Each such decision shall be based upon the administrative\nrecord for the respective action or proceeding.\n 5. In any action or proceeding of the department or any other state\nagency on any application for a required state license, permit, or other\napproval for any low-level radioactive waste management facilities,\nincluding any related draft or final environmental impact statement\nproposed or submitted in connection with such application, the following\nmatters as determined by statute or certified pursuant to section\n29-0105 of this article shall not be in issue:\n a. the need for such facilities or the alternative of no action;\n b. the site or sites of such facilities;\n c. for permanent disposal facilities, the disposal methods to be\nutilized;\n d. the nature or type of facilities as specifically required or\nauthorized by statute; and\n e. the classes of waste which may be stored or disposed of at such\nfacilities.\n