Sec. B-1. 22 MRSA §565-A, as amended by PL 1997, c. 686, §1, is further amended to read:
§565-A. Coordination with State Radiation Control Agency
The Health and Environmental Testing Laboratory shall provide laboratory services for environmental testing and analysis as necessary to implement the radiation protection services of the department conducted pursuant to section 680, subsection 2, paragraph D. Each facility, as defined in section 662, shall pay a fee to the Health and Environmental Testing Laboratory to the special revenue account established in section 568 to carry out the purposes of this section. The fee is $90,000 annually except that for fiscal year 1997-98 the fee is $122,000.
Sec. B-2. 22 MRSA §661, as amended by PL 1999, c. 174, §2, is further amended to read:
In the interests of the public health and welfare of the people of this State, it is the declared public policy of this State that a facility licensed by the United States Nuclear Regulatory Commission and situated in the State must be accomplished in a manner consistent with protection of the public health and safety and in compliance with the environmental protection policies of this State. It is the purpose of this chapter, in conjunction with sections 671 to 690; Title 25, sections 51 and 52; and Title 35-A, sections 4331 to 4393, to exercise the jurisdiction of the State to the maximum extent permitted by the United States Constitution and federal law and to establish in cooperation with the Federal Government a State Nuclear Safety Inspector Program for the on-site monitoring, regulatory review and oversight of a facility within the State that holds a license issued by the United States Nuclear Regulatory Commission. Nothing in this chapter may be construed as an attempt by the State to regulate radiological health and safety reserved to the Federal Government by reason of the United States Atomic Energy Act of 1954, as amended.
Sec. B-3. 22 MRSA §664, sub-§1, as amended by PL 1999, c. 57, Pt. B, §1, is further amended to read:
1. Records. Each facility licensee shall permit the inspection and copying, for the purposes of this chapter, of its books and records, maintained in any form, except that books and records that are privileged as a matter of law, proprietary, security-related or restricted by federal law, are not open to inspection. Subject to the approval of the United States Nuclear Regulatory Commission and of the facility licensee, access to books and records that are proprietary, security-related or restricted by federal law may be granted, if the State Nuclear Safety Inspector, on behalf of the State, an authorized representative of the State enters into a nondisclosure agreement. For purposes of this section, proprietary information includes personnel records, manufacturers' proprietary information, licensee proprietary information and trade secrets. For purposes of this subsection, "trade secrets" means any confidential formula, pattern, process, device, information or compilation of information, including chemical name, that is used in any employer's business that gives the employer an opportunity to obtain any advantage over competitors who do not know or use it.
Sec. B-4. 22 MRSA §664, sub-§2, as amended by PL 1999, c. 739, §1, is further amended to read:
2. Monitoring. Each facility licensee shall permit monitoring, for the purposes of this chapter, of the premises, equipment and materials, including source, special nuclear and by-product materials, in its possession or use, or subject to its control and any vehicle or means of transportation used to remove materials or equipment from the site, including, but not limited to, by rail, water, roadway or air. Monitoring of vehicles or other means of transportation used to remove materials or equipment from the site must be undertaken in a manner that is safe, that employs properly calibrated instruments and that does not result in unreasonable delays in the removal of materials or equipment from the site.
For the purposes of this subsection, "monitoring" means any one or combination of the following:
A. Observing the conduct of operations, including maintenance, quality assurance activities, the preparation, transportation and handling of radioactive waste, emissions monitoring, radiation protection and the observation of emergency preparedness tests and drills;
B. Taking analytical radiological measurements using properly calibrated instruments to confirm:
(1) The results of quality assurance activities undertaken by or on behalf of the facility licensee;
(2) That the preparation, transportation and handling of radioactive waste is undertaken in accordance with applicable standards;
(3) The results of emissions monitoring undertaken by or on behalf of the facility licensee; or
(4) That adequate radiation protection measures are in place; or and
C. Taking radiological measurements for the purpose of verifying compliance with applicable state laws, including, but not limited to, Title 38, section 1455, and confirming and verifying compliance with the standards of the United States Nuclear Regulatory Commission for unrestricted license termination, provided that the taking of such measurements employs techniques, protocols, instruments and quality assurance practices in accordance with generally accepted scientific or industry practices, including, but not limited to, those described in the federal Multi-Agency Radiation Survey and Site Investigation Manual.
The licensee shall, upon request, provide split samples to the State Nuclear Safety Inspector an authorized representative of the department. All analytical measurements taken pursuant to this subsection must be shared with the licensee. The licensee may provide data to explain any conflicts between measurements taken by the licensee and measurements taken pursuant to this subsection.
Nothing in this chapter prohibits the State Nuclear Safety Inspector from participating in licensee training activities that are scheduled for licensee personnel.
Sec. B-5. 22 MRSA §664, sub-§§3 to 5, as amended by PL 1997, c. 686, §5, are repealed.
Sec. B-6. 22 MRSA §665, as amended by PL 1997, c. 686, §6, is repealed.
Sec. B-7. 22 MRSA §666, as amended by PL 1997, c. 686, §7 and PL 2003, c. 689, Pt. B, §7, is repealed.
Sec. B-8. 22 MRSA §667, as amended by PL 1997, c. 686, §8, is repealed.
Sec. B-9. 22 MRSA §676, sub-§4, as amended by PL 1993, c. 664, §8 and PL 2003, c. 689, Pt. B, §6, is further amended to read:
4. Radioactive waste. The Department of Health and Human Services shall coordinate management of and shall serve as point of contact with the United States Nuclear Regulatory Commission for high-level and low-level radioactive wastes, in consultation with the Department of Environmental Protection, and the State Nuclear Safety Advisor in fulfillment of his the State Nuclear Safety Advisor's duties pursuant to Title 25, sections 51 and 52, and the State Nuclear Safety Inspector in fulfillment of his duties pursuant to section 666.
Sec. B-10. 22 MRSA §679-B, sub-§2, as amended by PL 1995, c. 333, §1, is further amended to read:
2. Service fee; ceiling. Except for waste that is exempt in accordance with subsection 4, the department shall assess annually by September 1st each low-level radioactive waste generator a service fee on all low-level radioactive waste generated in this State that is shipped to a low-level radioactive waste disposal facility, stored awaiting disposal at such a facility or stored for any other purpose. The service fee must be based 50% on the volume and 50% on the radioactivity of the waste disposed in a disposal facility in the previous calendar year or placed in storage in the previous calendar year if the State did not have access to a disposal facility for that year, but each generator must be assessed a minimum of $100 annually. Each generator must pay this service fee within 30 days, except that any generator may choose to make quarterly payments instead. Any radioactive waste for which a service fee was assessed and collected under this section can not be reassessed for the purposes of this section. The radiation control program within the Division of Health Engineering shall adopt rules in accordance with the Maine Administrative Procedure Act concerning the calculation of the fee and the exemptions to the fee, consistent with this section. The revenue from this service fee each year must amount to $135,000 and must be credited to the fund established in subsection 1 and used to carry out the purposes of this section and of Title 38, section 1453-A. If the Advisory Commission on Radioactive Waste, as established in Title 38, section 1453-A is dissolved, the service fee ceiling must be lowered by the amount of the budget of that commission.
Sec. B-11. 25 MRSA §52, sub-§3, as amended by PL 2003, c. 673, Pt. S, §1, is repealed.
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