Idaho State Statutes - Idaho Attorney Directory

PACIFIC STATES AGREEMENT ON RADIOACTIVE MATERIALS TRANSPORTATION
MANAGEMENT. The pacific states agreement on radioactive materials
transportation management is hereby enacted into law and entered into by the
state of Idaho as a party, and is in full force and effect between the state
and other states joining the agreement in accordance with its terms.
PACIFIC STATES AGREEMENT ON
RADIOACTIVE MATERIALS TRANSPORTATION MANAGEMENT

ARTICLE I--Policy and Purpose

The party states recognize that protection of the health and safety of
citizens and the environment, and the most economical transportation of
radioactive materials, can be accomplished through cooperation and
coordination among neighboring states. It is the purpose of this agreement to
establish a committee comprised of representatives from each party state to
further cooperation between the states on emergency response and to coordinate
activities by the states to eliminate unnecessary duplication of rules and
regulations regarding the transportation and handling of radioactive material.
The party states intend that this agreement facilitate both interstate
commerce and protection of public health and the environment. To accomplish
this goal, the party states direct the committee to develop model regulatory
standards for party states to act upon and direct the committee to coordinate
decisions by party states relating to the routing and inspection of shipments
of radioactive material.
ARTICLE II--Definitions
As used in this agreement:
(1) "Carrier" includes common, private, and contract carriers.
(2) "Hazardous material" means a substance or material which has been
determined by the United States department of transportation to be capable of
posing an unreasonable risk to health, safety, and property when transported
in commerce, and which has been so designated.
(3) "Radioactive material" has the meaning given that term in federal
department of transportation regulations found in 49 C.F.R. part 173, and
includes, but is not limited to, high-level radioactive waste, low-level
radioactive waste, and spent nuclear fuel, as defined in section 2 of the
nuclear waste policy act of 1982 (96 stat. 2202; 42 U.S.C.A. sec. 10101).
(4) "Transportation" means the transport by any means of radioactive
material destined for or derived from any location, and any loading,
unloading, or storage incident to such transport. "Transportation" does not
include permanent storage or disposal of the material.
ARTICLE III--Regulatory Practices
Section 1. The party states agree to develop model standards not in
conflict with federal law or regulations, for carriers of radioactive material
to provide information regarding:
(1) The amount and kind of material transported;
(2) The mode of transportation and, to the extent feasible, the route or
routes and the time schedule;
(3) The carrier's compliance with local, state, and federal rules and
regulations related to radioactive material transportation;
(4) The carrier's compliance with federal and state liability insurance
requirements.
Section 2. Consistent with federal law or regulations pertaining to
transportation of radioactive material, the party states also agree to:
(1) Develop model uniform procedures for issuing permits to carriers;
(2) Develop model uniform record-keeping processes that allow access on
demand by each state;
(3) Develop model uniform safety standards for carriers;
(4) Coordinate routing of shipments of radioactive materials;
(5) Develop a method for coordinating the party states' emergency
response plans to provide for regional emergency response including (a)
systems for sharing information essential to radiation control efforts, (b)
systems for sharing emergency response personnel, and (c) a method to allocate
costs and clarify liability when a party state or its officers request or
render emergency response;
(6) Recommend parking requirements for motor vehicles transporting
radioactive materials;
(7) Coordinate state inspections of carriers; and
(8) Develop other cooperative arrangements and agreements to enhance
safety.
Section 3. The party states also agree to coordinate emergency response
training and preparedness drills among the party states, Indian tribes, and
affected political subdivisions of the party states, and if possible, with
federal agencies.
Section 4. The party states recognize that the transportation management
of hazardous waste and hazardous materials is similar in many respects to
that of radioactive materials. The party states, therefore, agree to confer
as to transportation management and emergency response for those items where
similarities in management exist.
ARTICLE IV--Pacific States Radioactive Materials
Transportation Committee
Section l. Each party state shall designate one official of that state to
confer with appropriate legislative committees and with other officials of
that state responsible for managing transportation of radioactive material,
and with affected Indian tribes and be responsible for administration of this
agreement. In Idaho the commission member shall be a legislator appointed by
the legislative council to serve during a full legislative term. The officials
so designated shall together comprise the Pacific states radioactive materials
transportation committee. The committee shall meet as required to consider
and, where necessary, coordinate matters addressed in this agreement. The
parties shall inform the committee of existing regulations concerning
radioactive materials transportation management in their states, and shall
afford all parties a reasonable opportunity to review and comment upon any
proposed modifications in such regulations.
Section 2. The committee may also engage in long-term planning to assure
safe and economical management of radioactive material transportation on a
continuing basis.
Section 3. To the extent practicable, the committee shall coordinate its
activities with those of other organizations.
ARTICLE V--Eligible Parties and Effective Date
Section 1. The states of Arizona, California, Colorado, Idaho, Montana,
New Mexico, Nevada, Oregon, Utah, Washington and Wyoming are eligible to
become a party to this agreement. As to any eligible party, this agreement
shall become effective upon enactment into law by that party, but it shall not
become initially effective until enacted into law by two states. Any party
state may withdraw from this agreement by enacting a statute repealing its
approval.
Section 2. After the agreement has initially taken effect under section 1
of this article, any eligible party state may become a party to this agreement
by the execution of an executive order by the governor of the state. Any
state which becomes a party in this manner shall cease to be a party upon the
final adjournment of the next general or regular session of its legislature or
July 1, 1988, whichever occurs first, unless the agreement has by then been
enacted as a statute by that state.
ARTICLE VI--Severability
If any provision of this agreement, or its application to any person or
circumstance, is held to be invalid, all other provisions of this agreement,
and the application of all of its provisions to all other persons and
circumstances, shall remain valid; and to this end the provisions of this
agreement are severable.

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