Part I.
Texas Natural Resource Conservation Commission
Chapter 50.
Action on Applications
Subchapter B. Action by the Commission
30 TAC §50.17
The Texas Natural Resource Conservation Commission (commission)
proposes amendments to §50.17, concerning action on applications.
EXPLANATION OF PROPOSED RULE. These rules are proposed as a companion to
the commission's proposed radioactive substance rules. The purpose of these
proposed rules is to incorporate certain procedural revisions into the commission's
rules to adapt the radioactive substance rules to the existing procedural
requirements of the commission.
The radioactive substance rules are being proposed as a result of Senate
Bill (SB) 2, First Called Session, 72nd Legislature, and SB 1043, 73rd Legislature,
and to incorporate, with modifications, rules previously adopted by reference
from the Texas Department of Health (TDH). The new rules are needed to adapt
the previous TDH rules to commission requirements. Further, they incorporate
revisions and additions which are needed to maintain compatibility with the
rules of the United States Nuclear Regulatory Commission (NRC). Compatibility
of the commission's rules with the federal program is necessary to preserve
the status of Texas as an Agreement State under Title 10 Code of Federal
Regulations Part 150 and the "Articles of Agreement between the United States
Atomic Energy Commission and the State of Texas for Discontinuance of Certain
Commission Regulatory Authority and Responsibility Within the State Pursuant
to §274 of the Atomic Energy Act of 1954, as Amended."
A brief description of the changes to the proposed section follows. Commission
staff has also prepared an issues paper that describes in more detail the
proposed radioactive substance rules and the accompanying procedural revisions.
The paper also gives a detailed description of proposed provisions to be
incorporated based on NRC requirements. Copies of this issues paper may be
obtained by contacting Jace A. Houston at (512) 239-4641, or by mail at TNRCC
Office of Policy and Regulatory Development, MC 203, P.O. Box 13087, Austin,
Texas 78711-3087.
The proposed amendments to §50.17 allow the commission to incorporate
in any radioactive material license at the time of issuance, or thereafter
by appropriate rule or order, certain additional requirements and conditions
that it deems appropriate or necessary.
FISCAL NOTE. Stephen Minick, Strategic Planning and Appropriations Division,
has determined that for the first five-year period the sections as proposed
are in effect there will be fiscal implications anticipated as a result of
enforcement and administration of the sections. The effect on state government
will be an increase in revenues of at least $312,000 in annual license fees.
In addition, revenues will increase as a result of the adoption of increased
application fees. The actual increased revenue to be produced will depend
on the number of applications made and has not been determined. There are
no significant fiscal implications anticipated for local governments.
PUBLIC BENEFIT. Mr. Minick has also determined that for the first five
years the sections as proposed are in effect the public benefit anticipated
as a result of enforcement of and compliance with the sections will be clarification
of existing regulations relating to regulation of radioactive substances,
improved consistency between state and federal regulations and more effective
recovery of costs of regulation of radioactive substances. Compliance with
the proposed state regulations will result in no significant costs to affected
persons that would not otherwise result from compliance with the existing
federal regulations proposed for incorporation, except for increases in fees
under Chapter 336, Subchapter B (relating to Radioactive Substance Fees)
that are required to fully recover the costs of the state program. Under
the proposed rules, fees for applications for most types of facilities are
unchanged. For certain types of facilities, however, application fees will
increase by as much as $19,000. For commercial disposal facilities, a new
application fee of $64,415 is proposed. Annual license fees for existing
facilities will be amended under these rules, varying from a decrease of
$25,139 per year to an increase of $48,406 per year. The average increase
in annual license fees is $18,370. There are no direct fiscal implications
anticipated for small businesses.
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact
Assessment for these rules pursuant to Texas Government Code Annotated §2007.043.
The following is a summary of that Assessment. The specific purpose of the
rules is to incorporate rules previously adopted by reference from the TDH
following the transfer of jurisdiction over source material recovery and
processing and disposal of radioactive substances to the commission. The
proposed rules would also maintain compatibility of commission rules with
the NRC, which is necessary to preserve the status of Texas as an Agreement
State. The rules will substantially advance this specific purpose by setting
standards for protection against radiation, by adopting regulations for the
disposal of radioactive materials, by clearly outlining the regulated community's
responsibilities, and by more clearly establishing compatibility with NRC
requirements. Promulgation and enforcement of these rules could burden private
real property that is the subject of the rules.
However, the following exceptions to the application of Texas Government
Code Chapter 2007 listed in Texas Government Code §2007.003(b) apply
to these rules: Section 2007.003(b)(4)--an action that is reasonably taken
to fulfill an obligation mandated by federal law; and §2007.003(b)(13)--an
action that is taken in response to a real and substantial threat to public
health and safety, that is designed to significantly advance the health and
safety purpose, and that does not impose a greater burden than is necessary
to achieve the health and safety purpose.
ANNOUNCEMENT OF HEARING. A public hearing on this proposal will be held
in Austin on January 16, 1997, at 2:00 p.m. at the TNRCC offices, TNRCC Building
F, Room 2210, 12100 Park 35 Circle, Austin, Texas 78753. Visitor parking
is located in the lots surrounding Buildings A and F, and there is no need
to make reservations or pre-register. Individuals may present oral statements
when called upon in order of registration at the hearing. Open discussion
within the audience will not occur during the hearings; however, a staff
member will be available to discuss the proposal 30 minutes prior to the
hearing and will answer questions before and after the hearing.
SUBMITTAL OF COMMENTS. Written comments may be mailed to Bettie Bell, TNRCC
Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin,
Texas 78711-3087, or faxed to (512) 239-4808. All comments should reference
Rule Log Number 95031-336-WS. Comments must be received by 5:00 p.m., 30
days from the date of publication of this proposal. For further information,
please contact Devane Clarke at (512) 239-5604 or Kathy Vail at (512) 239-6637.
STATUTORY AUTHORITY. These amendments are proposed under the
Texas Radiation Control Act (TRCA), Texas Health and Safety Code §§401.011,
401.051, and 401.412, and Texas Water Code §5.103, which give the commission
the authority to adopt rules necessary to carry out its responsibilities
to regulate the disposal of radioactive substances and the recovery and processing
of source material.
These amendments implement Texas Health and Safety Code Chapter 401.
§50.17. Commission Actions.
(a)-(d)
(No change.)
(e)
For
applications involving radioactive material licenses under the TRCA, the
commission may incorporate in any license at the time of issuance, or thereafter
by appropriate rule or order, additional requirements and conditions as it
deems appropriate or necessary to:
(1)
protect
and minimize danger to public health and safety or the environment;
(2)
require reports and the keeping of records and to provide for inspections
of activities under the license as may be appropriate or necessary; and
(3)
prevent loss or theft of radioactive material subject to this subchapter.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618526
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 10, 1997
For further information, please call: (512) 239-1966
30 TAC §50.45
The commission proposes new §50.45, concerning nonsubstantive
corrections to permits. The purpose of this rulemaking is to continue the
effort to consolidate agency procedural rules and make certain processes
consistent among different agency programs. Program specific requirements
governing corrections and endorsements in Chapters 291, 295, 297, and 305
are being repealed concurrently with this rulemaking. This rulemaking does
not apply to air quality permits under 30 TAC Chapter 122, concerning Federal
Operating Permits.
EXPLANATION OF PROPOSED RULE. The proposed new section applies to a permit
as defined in 30 TAC §3.2, concerning Definitions, except that it does
not apply to air quality permits under Chapter 122, concerning Federal Operating
Permits. The section allows the executive director, on his own motion or
at the request of the permittee, to make a nonsubstantive correction to a
permit without observing formal amendment or public notice procedures. The
executive director must notify the permittee that the correction has been
made and forward a copy of the endorsement or corrected permit for filing
in the agency's official records. The section also provides the conditions
under which the executive director can issue the nonsubstantive permit corrections,
such as corrections of typographical errors and corrections that provide
more accurate information. Finally, the section provides for the coordination
of any proposed corrections made under the section with the general counsel.
A correction may only be made if the general counsel agrees in writing that
the proposed correction is consistent with the requirements of the section.
The general counsel is required to act within five business days of receiving
the executive director's proposal. If the general counsel does not approve
the correction, or fails to act, the executive director is authorized to
set the matter for commission during a commission meeting.
FISCAL NOTE. Stephen Minick, Strategic Planning and Appropriations Division,
has determined that for the first five-year period the section is in effect
there will be no significant fiscal implications for state or local government
as a result of enforcing or administering the section.
PUBLIC BENEFIT. Mr. Minick also has determined that for each year of the
first five years the section is in effect the public benefit anticipated
as a result of enforcing the section will be enhanced consistency in the
commission's procedural requirements. There will be no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the section as proposed.
TAKINGS IMPACT STATEMENT. The commission has prepared a Takings Impact
Assessment for the rule pursuant to Texas Government Code, §2007.043.
The following is a summary of that assessment. The specific purpose of this
rule is to continue the effort to consolidate agency procedural rules and
make certain processes consistent among different agency programs. The rule
will substantially advance this specific purpose by placing certain agency
requirements governing nonsubstantive permit corrections under a common section.
Promulgation of the rule will not burden private real property which is the
subject of the rule because it concerns only procedural rules. Also, the
following exceptions to the application of the Texas Government Code, Chapter
2007 apply to the rule: the action significantly advances the health and
safety purpose and imposes no greater burden than is necessary to achieve
the health and safety purpose.
PUBLIC HEARING. A public hearing on this proposal will be held February
5, 1997, at 2:00 p.m. in Room 2210 of Texas Natural Resource Conservation
Commission (TNRCC) Building F, located at located at 12100 Park 35 Circle,
Austin. The hearing is structured for the receipt of oral or written comments
by interested persons. Individuals may present oral statements when called
upon in order of registration. Open discussion within the audience will not
occur during the hearing; however, an agency staff member will be available
to discuss the proposal 30 minutes prior to the hearing and will answer questions
before and after the hearing.
SUBMITTAL OF COMMENTS. Written comments may be mailed to Lisa Martin, TNRCC
Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin,
Texas, 78711-3087 or faxed to (512) 239-4808. All comments should reference
Rule Log Number 96174-050-AD. Comments must be received by 5:00 p.m., February
5, 1997. For further information, please contact Brian Christian, Policy
Research Division, (512) 239-1760.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearings should contact the agency at
(512) 239-4900. Requests should be made as far in advance as possible.
STATUTORY AUTHORITY. The new section is proposed under Texas
Water Code, §§5.103, 5.105, 13.041, 26.011, 27.019, 32.009, 33.007,
and 34.006 and Texas Health and Safety Code, §§341.002, 341.031,
361.011, 361.017, 361.024, 366.012, 382.017, 401.011, 401.051, and 401.412,
which authorize the commission to adopt any rules necessary to carry out
its powers and duties under the Water Code and other laws of Texas and to
establish and approve all general policy of the commission.
The proposed new section implements Texas Water Code, §§5.103,
5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006 and Texas Health
and Safety Code, §§341.002, 341.031, 361.011, 361.017, 361.024,
366.012, 382.017, 401.011, 401.051, and 401.412.
§50.45. Corrections to Permits.
(a)
This section applies to a permit as defined in §3.2
of this title (relating to Definitions), except that it does not apply to
air quality permits under Chapter 122 of this title (relating to Federal
Operating Permits). The executive director, on his own motion or at the request
of the permittee, may make a nonsubstantive correction to a permit either
by reissuing the permit or by issuing an endorsement to the permit, without
observing formal amendment or public notice procedures. The executive director
must notify the permittee that the correction has been made and forward a
copy of the endorsement or corrected permit for filing in the agency's official
records.
(b)
The executive director may issue nonsubstantive permit
corrections under this section:
(1)
to correct a clerical or typographical error;
(2)
to change the mailing address of the permittee, if
updated information is provided by the permittee;
(3)
if updated information is provided by the permittee,
to change the name of an incorporated permittee that amends its articles
of incorporation only to reflect a name change, provided that the secretary
of state can verify that a change in name alone has occurred;
(4)
to describe more accurately the location of the area
certificated under a certificate of convenience and necessity;
(5)
to update or redraw maps that have been incorporated
by reference in a certificate of convenience and necessity;
(6)
to describe more accurately in a water rights permit
or certificate of adjudication the boundary of or the point, rate, or period
of diversion of water;
(7)
to describe more accurately the location of the authorized
point or place of discharge, injection, deposit, or disposal of any waste,
or the route which any waste follows along the watercourses in the state
after being discharged;
(8)
to describe more accurately the pattern of discharge
or disposal of any waste authorized to be disposed of;
(9)
to describe more accurately the character, quality,
or quantity of any waste authorized to be disposed of; or
(10)
to state more accurately or update any provision
in a permit without changing the authorizations or requirements addressed
by the provision.
(c)
Before the executive director makes a correction to a permit
under this section, the executive director shall inform the general counsel
of the proposed correction. The executive director may make a correction
only if the general counsel agrees in writing that the proposed correction
is consistent with the requirements of this section. The general counsel
shall act within five business days of receiving the executive director's
proposal. If the general counsel does not approve or fails to act, the executive
director may set the matter for commission action during a commission meeting.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 18, 1996.
TRD-9618594
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: April 2, 1997
For further information, please call: (512) 239-1966
Subchapter A. Applications Processing
30 TAC §§281.2, 281.3, 281.17-281.23
The Texas Natural Resource Conservation Commission (commission)
proposes amendments to §§281.2, 281.3, and 281.17 - 281.23, concerning
applications processing.
EXPLANATION OF PROPOSED RULE. These rules are proposed as a companion to
the commission's proposed radioactive substance rules. The purpose of these
proposed rules is to incorporate certain procedural revisions into the commission's
rules to adapt the radioactive substance rules to the existing procedural
requirements of the commission.
The radioactive substance rules are being proposed as a result of Senate
Bill (SB) 2, First Called Session, 72nd Legislature, and SB 1043, 73rd Legislature,
and to incorporate, with modifications, rules previously adopted by reference
from the Texas Department of Health (TDH). The new rules are needed to adapt
the previous TDH rules to commission requirements. Further, they incorporate
revisions and additions which are needed to maintain compatibility with the
rules of the United States Nuclear Regulatory Commission (NRC). Compatibility
of the commission's rules with the federal program is necessary to preserve
the status of Texas as an Agreement State under Title 10 Code of Federal
Regulations Part 150 and the "Articles of Agreement between the United States
Atomic Energy Commission and the State of Texas for Discontinuance of Certain
Commission Regulatory Authority and Responsibility Within the State Pursuant
to Section 274 of the Atomic Energy Act of 1954, as Amended."
A brief description of the changes to the proposed sections follows. Commission
staff has also prepared an issues paper that describes in more detail the
proposed radioactive substance rules and the accompanying procedural revisions.
The paper also gives a detailed description of proposed provisions to be
incorporated based on NRC requirements. Copies of this issues paper may be
obtained by contacting Jace A. Houston at (512) 239-4641, or by mail at TNRCC
Office of Policy and Regulatory Development, MC 203, P.O. Box 13087, Austin,
Texas 78711-3087.
The proposed amendment to §281.2 makes this chapter applicable to
applications for new, amended or renewed radioactive material licenses.
The proposed amendments to §§281.3, 281.17 and 281.18 revise
the commission's administrative completeness review provisions to take into
account specific requirements for radioactive material licenses. The proposed
language allows 45 days for administrative completeness review of new, renewal,
or major amendment applications, and 30 days for minor amendment applications.
The proposed amendments to §281.19 and §281.20 establish the
technical review and notice of deficiency provisions for applications for
radioactive material licenses. For new, renewal, or major amendment applications,
the technical review period will not exceed 255 days, unless the application
is technically deficient, in which case the technical review period may be
extended to a maximum of 450 days. For minor amendment applications, the
technical review period is 90 days, which may be extended to 150 days for
technically deficient applications.
The proposed amendments to §281.21 and §281.22(a) revise the
commission's application processing requirements to add specific provisions
for radioactive material licenses, including provisions for the preparation
of a written environmental analysis for certain licenses. The proposed amendments
also revise the compliance summary and technical summary provisions.
The proposed amendment to §281.23 establishes specific requirements
for amending radioactive material license applications after commencement
of technical review.
FISCAL NOTE. Stephen Minick, Strategic Planning and Appropriations Division,
has determined that for the first five-year period the sections as proposed
are in effect there will be fiscal implications anticipated as a result of
enforcement and administration of the sections. The effect on state government
will be an increase in revenues of at least $312,000 in annual license fees.
In addition, revenues will increase as a result of the adoption of increased
application fees. The actual increased revenue to be produced will depend
on the number of applications made and has not been determined. There are
no significant fiscal implications anticipated for local governments.
PUBLIC BENEFIT. Mr. Minick has also determined that for the first five
years the sections as proposed are in effect the public benefit anticipated
as a result of enforcement of and compliance with the sections will be clarification
of existing regulations relating to regulation of radioactive substances,
improved consistency between state and federal regulations and more effective
recovery of costs of regulation of radioactive substances. Compliance with
the proposed state regulations will result in no significant costs to affected
persons that would not otherwise result from compliance with the existing
federal regulations proposed for incorporation, except for increases in fees
under Chapter 336, Subchapter B (relating to Radioactive Substance Fees)
that are required to fully recover the costs of the state program. Under
the proposed rules, fees for applications for most types of facilities are
unchanged. For certain types of facilities, however, application fees will
increase by as much as $19,000. For commercial disposal facilities, a new
application fee of $64,415 is proposed. Annual license fees for existing
facilities will be amended under these rules, varying from a decrease of
$25,139 per year to an increase of $48,406 per year. The average increase
in annual license fees is $18,370. There are no direct fiscal implications
anticipated for small businesses.
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact
Assessment for these rules pursuant to Texas Government Code Annotated, §2007.043.
The following is a summary of that Assessment. The specific purpose of the
rules is to incorporate rules previously adopted by reference from the TDH
following the transfer of jurisdiction over source material recovery and
processing and disposal of radioactive substances to the commission. The
proposed rules would also maintain compatibility of commission rules with
the NRC, which is necessary to preserve the status of Texas as an Agreement
State. The rules will substantially advance this specific purpose by setting
standards for protection against radiation, by adopting regulations for the
disposal of radioactive materials, by clearly outlining the regulated community's
responsibilities, and by more clearly establishing compatibility with NRC
requirements. Promulgation and enforcement of these rules could burden private
real property that is the subject of the rules.
However, the following exceptions to the application of Texas Government
Code, Chapter 2007 listed in Texas Government Code, §2007.003(b) apply
to these rules: Section 2007.003(b)(4)--an action that is reasonably taken
to fulfill an obligation mandated by federal law; and §2007.003(b)(13)--an
action that is taken in response to a real and substantial threat to public
health and safety, that is designed to significantly advance the health and
safety purpose, and that does not impose a greater burden than is necessary
to achieve the health and safety purpose.
ANNOUNCEMENT OF HEARING. A public hearing on this proposal will be held
in Austin on January 16, 1997, at 2:00 p.m. at the TNRCC offices, TNRCC Building
F, Room 2210, 12100 Park 35 Circle, Austin, Texas 78753. Visitor parking
is located in the lots surrounding Buildings A and F, and there is no need
to make reservations or pre-register. Individuals may present oral statements
when called upon in order of registration at the hearing. Open discussion
within the audience will not occur during the hearings; however, a staff
member will be available to discuss the proposal 30 minutes prior to the
hearing and will answer questions before and after the hearing.
SUBMITTAL OF COMMENTS. Written comments may be mailed to Bettie Bell, TNRCC
Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin,
Texas 78711-3087, or faxed to (512) 239-4808. All comments should reference
Rule Log Number 95031-336-WS. Comments must be received by 5:00 p.m., 30
days from the date of publication of this proposal. For further information,
please contact Devane Clarke at (512) 239-5604 or Kathy Vail at (512) 239-6637.
STATUTORY AUTHORITY. The amendments are proposed under the Texas
Radiation Control Act (TRCA), Texas Health and Safety Code, §§401.011,
401.051, and 401.412, and Texas Water Code, §5.103, which give the commission
the authority to adopt rules necessary to carry out its responsibilities
to regulate the disposal of radioactive substances and the recovery and processing
of source material.
These amendments implement Texas Health and Safety Code, Chapter 401.
§281.2. Applicability.
These sections are applicable to the processing of:
(1)-(2)
(No change.)
(3)
applications for new, amended, or renewed injection
well permits[, except those filed pursuant to §331.11 of this title
(relating to Application Required for Existing Wells)];
(4)-(8)
(No change.)
(9)
applications for new or amended certificates of convenience
and necessity; [and]
(10)
applications for new, amended, or renewed municipal
solid waste permits
; and
[.]
(11)
applications for new, amended, or renewed radioactive material licenses.
§281.3. Initial Review.
(a)
Applications for permits, licenses, or other types of approvals,
except as provided in
subsections
[subsection]
(b)
and (d)
of this section, shall be reviewed
by the staff for administrative completeness within 10 working days of receipt
of the application by the executive director.
(b)-(c)
(No change.)
(d)
Applications
made under Chapter 336 of this title (relating to Radioactive Substance Rules)
for issuance or renewal of a license, or for major amendments to a license,
shall be reviewed for administrative completeness within 45 days after receipt
of the application by the executive director. Applications for minor amendments
shall be reviewed for administrative completeness within 30 days after receipt
of the application by the executive director.
§281.17. Notice of Receipt of Application and Declaration of Administrative Completeness.
(a)-(c)
(No change.)
(d)
Other applications. Upon receipt of an application described
in §281.2(2) or (5)-
(11)
[(10)] of this
title (relating to Applicability) which contains the information and attachments
required by §§281.5-281.7 and 281.16 of this title (relating to
Application for Wastewater Discharge
, Underground
Injection, Municipal Solid Waste, Hazardous Waste, and Industrial Solid Waste
Management Permits
; [Applications for Solid Waste Management Permits;]
Applications for Plan Approval of Reclamation Projects; Applications for
Weather
Modification
[Modificatio
ns]
Permits; and Applications for Certificates of Convenience and Necessity),
the executive director or his designee shall assign the application a number
for identification purposes, and prepare a statement of the receipt of the
application and declaration of administrative completeness which is suitable
for publishing or mailing and shall forward that statement to the chief clerk.
Upon receipt of an application for a new, amended, or renewed injection well
permit, [except those filed pursuant to §331.8 of this title (relating
to Application Required for Existing Wells)] for a new, amended, or renewed
industrial solid waste permit
,
or for a new
or amended compliance plan as described in §281.2(3) and (4) of this
title, the executive director or his designee shall assign the application
a number for identification purposes and prepare a statement of the receipt
of the application which is suitable for publishing or mailing and shall
forward that statement to the chief clerk.
Upon receipt
of an application for a new, amended, or renewed radioactive material license
as described in Chapter 336 of this title (relating to Radioactive Substance
Rules), the executive director or his designee shall assign the application
a number for identification purposes and prepare a statement of the receipt
of the application which is suitable for mailing and shall forward that statement
to the chief clerk prior to the expiration of the administrative review periods
established in §281.3(d) of this title (relating to Initial Review).
The chief clerk shall notify every person entitled to notification
of a particular application under the rules of the commission.
(e)
Notice requirements. The notice of receipt of the application
and declaration of administrative completeness, or for applications for a
new, amended, or renewed injection well permit, [except those filed pursuant
to §331.8 of this title (relating to Application Required for Existing
Wells),] or for a new or amended compliance plan as described in §281.2(3)
and (4) of this title (relating to Applicability), the notice of receipt
of the application, shall contain the following information:
(1)
the identifying number given the application by the
(2)
(No change.)
(3)
the name and address of the applicant
and, if different, the location of the proposed facility
;
(4)-(5)
(No change.)
(f)
Notice of application and draft permit. Nothing in this
section shall be construed so as to waive the requirement of notice of the
application and draft permit in accordance with
Chapter
39 of this title (relating to Public Notice)
[§§305.91-305.105
of this title (relating to Actions, Notice and Hearing)] for applications
for
radioactive material licenses, and for
wastewater discharge, underground injection, [and] hazardous waste, municipal
solid waste, and industrial solid waste management permits.
§281.18.Applications Returned.
(a)
If an application or petition is received which is not
administratively complete, the
executive director
[staff] shall notify the applicant of the deficiencies prior to expiration
of the applicable review period established by §281.3(a)
,
[and] (b)
and (d)
of this title (relating
to Initial Review) by certified mail return receipt requested. If the additional
information is received within 30 days of receipt of the deficiency notice,
the
executive director
[staff] will evaluate
the information within eight working days and, where applicable, shall prepare
a statement of receipt of the application and declaration of administrative
completeness in accordance with §281.17 of this title (relating to Notice
of Receipt of Application and Declaration of Administrative Completeness).
(b)
For applications involving industrial, hazardous, or municipal
waste,
or for new, renewal, or major amendment applications
for radioactive material licenses,
the executive director may extend
the response time to a maximum of 270 days upon sufficient proof from the
applicant that an adequate response cannot be submitted within 30 days. Unless
there are extenuating circumstances, if an applicant does not submit an administratively
complete application as required by this chapter, the application shall be
considered withdrawn. However, if applicable, the applicant is responsible
for the cost of any notice provided
under
[pursuant
to] §281.17 of this title and the costs of such notice shall be deducted
from any filing fees submitted by the applicant prior to return of the incomplete
application.
§281.19. Technical Review.
(a)
After an application is determined by the
executive director
[staff] to be administratively complete [on its
face], the
executive director
[staff] shall
commence a technical review as necessary and appropriate. For purposes of
these sections, the technical review period is that period of time beginning
with the completion of the initial review period and will continue for a
period of time not to exceed 75 working days. In the case of applications
filed under §291.102 of this title (relating to Certificate Required),
the technical review period is that period of time beginning 30 days after
notice of the application has been given in accordance with §291.109
of this title (relating to Notice and Hearing for Applications for Certificates
of Convenience and Necessity) and will continue for a period of time not
to exceed 75 working days. In the case of applications filed under §335.43
of this title (relating to Permit Required) or §331.7 of this title
(relating to Permit Required), the technical review period shall commence
upon assignment of the application to a staff member and continue for a period
of time not to exceed 120 days.
For applications filed
under Chapter 336 of this title (relating to Radioactive Substance Rules)
and subject to the Notice of Deficiency (NOD) process established in this
section, the technical review period shall begin the day after the date of
determination of administrative completeness and for issuance, renewal, or
major amendments, shall continue for a period of time not to exceed 255 days;
however, this time frame may be extended to a maximum of 450 days if an application
is technically deficient; or, for applications for minor amendments, shall
continue for a period of time not to exceed 90 days; however, this time frame
may be extended to a maximum of 150 days if an application is technically
deficient.
(b)
Except as provided in subsection
(c) of this section, the
[The] applicant shall be promptly notified
of any additional technical material as may be necessary for a complete [staff]
review. If the applicant provides the information within the period of time
prescribed by subsection (a) of this section, the
executive director
[staff] will complete processing of the application
within the technical review period extended by the number of days required
for the additional data. If the necessary additional information is not received
by the executive director prior to expiration of the technical review period
and the information is considered essential by the executive director to
make recommendations to the commission on a particular matter, the executive
director may return the application to the applicant. In no event, however,
will the applicant have less than 30 days to provide the technical data before
an application is returned. Decisions to return material to the applicant
during the technical review stage will be made on a case by case basis. The
applicant has the option of having the question of sufficiency of necessary
technical data referred to the commission for a decision instead of having
the application returned.
(c)
For
applications for radioactive material licenses, the applicant shall be promptly
notified of any additional technical information necessary to complete technical
review. For new applications, renewal applications, or major amendment applications,
the executive director shall complete application processing within the technical
review period (450 days) if the applicant provides the information within
75 days of the date of the first NOD and 60 days of the second NOD. For minor
amendments, the applicant must provide the information within 20 days from
the date of the first NOD and 20 days from the date of the second NOD. If
the necessary additional information is not received by the executive director
prior to the end of the response period, the executive director may return
the application to the applicant. In no instance shall the executive director
issue more than two NOD's before returning the application. The applicant
has the option of having the question of sufficiency of necessary technical
information referred to the commission for a decision instead of having the
application returned. The applicant may request additional time to respond
to a notice of technical deficiency. The request must be in writing, set
forth the reasons why the applicant cannot respond within the time provided
and specify the amount of additional time requested. Any extension of time
must be approved by the executive director in writing.
§281.20. Extension.
If the staff determines that the technical review of an application
cannot be completed within the period of time prescribed by §281.19[(a)]
of this title (relating to Technical Review), the staff will furnish the
executive director or his designee with written information regarding the
reasons which necessitate the delay and the amount of additional time required
by the staff to complete the review. Any extension of the period for technical
review must be approved by the executive director or his designee in writing.
§281.21. Draft Permit, Technical Summary, Fact Sheet, and Compliance Summary.
(a)
The provisions of this section are applicable to applications
for waste disposal activities conducted under the authority of the Texas
Water Code, Chapters 26 and 27, and the Texas Solid Waste Disposal Act, Texas
Health and Safety Code, Chapter 361
, and the Texas
Radiation Control Act, Texas Health and Safety Code, Chapter 401
.
(b)
(No change.)
(c)
The executive director shall prepare a technical summary
which sets forth the principal facts and the significant factual, legal,
methodological, and policy questions considered in preparing the draft permit.
The executive director shall send this summary together with the draft permit
to the applicant and on request, to any other person. The summary shall include
the following information, where applicable:
(1)
(No change.)
(2)
the type and quantity of
radioactive
materials,
wastes, fluids, or pollutants which are proposed to be
or are being
used,
processed, stored, disposed
[of], injected, emitted, or discharged;
(3)-(6)
(No change.)
(d)
The executive director shall prepare a summary which describes
the compliance status of persons applying for permits issued under the Texas
Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361;
(1)-(2)
(No change.)
(3)
for each inspection, whether a condition of noncompliance
was alleged by the inspector and a brief description of the resulting environmental
impact
and, for radioactive material licenses, any
impact on radiation safety
;
(4)-(6)
(No change.)
(e)
Additional conditions for TPDES draft permits and fact
sheets are as follows
:
[.]
(1)
TPDES draft permits shall include the information required
by 40 Code of Federal Regulations (CFR) §124.6(c)-(e), as in effect
on the date of TPDES program authorization, as amended, which is adopted
by reference
; and
[.]
(2)
(No change.)
(f)
Additional
conditions for radioactive material licenses:
(1)
The
executive director shall prepare a written environmental analysis of a proposed
license activity as required by Chapter 336 of this title (relating to Radioactive
Substance Rules); and
(2)
The executive director shall make the environmental analysis available to
the applicant and the public.
§281.22. Referral to Commission.
(a)
When administrative and technical review has been completed,
the application shall be forwarded to the commission for filing and setting.
For the purpose of providing adequate notice, the executive director shall
include a recommendation to the commission of the area wherein the application,
if granted, would have a potential impact, and a mailing list of persons
who may be affected.
For applications for radioactive
material licenses, upon completion of technical review, the executive director
shall forward the draft license, technical summary, compliance summary, and,
if applicable, the environmental analysis to the chief clerk for public notice,
or shall forward a recommendation to deny the license.
(b)-(c)
(No change.)
§281.23. Application Amendment.
(a)
No amendments to
an
application which would constitute a major amendment under the
terms of §305.62 of this title (relating to Amendment)
or Chapter 336 of this title (relating to Radioactive Substance Rules)
can be made by the applicant after the chief clerk has issued notice of the
application and draft permit [pursuant to §§305.91-305.105 of this
title (relating to Actions, Notice and Hearing)], unless new notice is issued
which includes a description of the proposed amendments to the application.
For purposes of this section, an attempted transfer of an application shall
constitute an amendment requiring additional notice.
(b)
For
applications under Chapter 336 of this title (relating to Radioactive Substance
Rules), an application amendment received after commencement of technical
review, shall be processed as follows:
(1)
The
executive director shall determine whether the application amendment constitutes
a substantial technical change to the application. Substantial technical
changes may include changes in proposed waste disposal methods, enlargement
or relocation of proposed areas to be licensed, transfer of an application
to another applicant, significant changes in proposed facilities or operations,
or other changes which will require extensive technical review.
(2)
An application amendment that constitutes a substantial technical change
shall be processed as a new and separate application. The requirements of
this subsection do not apply to an application amendment made in response
to a technical Notice of Deficiency.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's authority to
adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618525
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 10, 1997
For further information, please call: (512) 239-6087
Subchapter G. Certificates of Convenience and Necessity
30 TAC §291.108
The commission proposes the repeal of §291.108, concerning
nonsubstantive corrections to certificates of convenience and necessity.
The purpose of this rulemaking is to continue the effort to consolidate agency
procedural rules and make certain processes consistent among different agency
programs.
EXPLANATION OF PROPOSED RULE. The provisions of the repealed section will
be replaced with a new §50.45, concerning Corrections to Permits, that
is being proposed concurrently, and the repeal simply removes duplicative
requirements.
FISCAL NOTE. Stephen Minick, Strategic Planning and Appropriations Division,
has determined that for the first five-year period the repeal is in effect
there will be no significant fiscal implications for state or local government
as a result of enforcing or administering the repeal.
PUBLIC BENEFIT. Mr. Minick also has determined that for each year of the
first five years the repeal is in effect the public benefit anticipated as
a result of enforcing the repeal will be enhanced consistency in the commission's
procedural requirements. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the repeal as proposed.
TAKINGS IMPACT STATEMENT. The commission has prepared a Takings Impact
Assessment for the rule pursuant to Texas Government Code, §2007.043.
The following is a summary of that assessment. The specific purpose of this
rule is to continue the effort to consolidate agency procedural rules and
make certain processes consistent among different agency programs. The rule
will substantially advance this specific purpose by placing certain agency
requirements governing nonsubstantive permit corrections under a common section
and repealing duplicative requirements. Promulgation of the rule will not
burden private real property which is the subject of the rule because it
concerns only procedural rules. Also, the following exceptions to the application
of the Texas Government Code, Chapter 2007 apply to the rule: the action
significantly advances the health and safety purpose and imposes no greater
burden than is necessary to achieve the health and safety purpose.
PUBLIC HEARING. A public hearing on this proposal will be held February
5, 1997, at 2:00 p.m. in Room 2210 of Texas Natural Resource Conservation
Commission (TNRCC) Building F, located at located at 12100 Park 35 Circle,
Austin. The hearing is structured for the receipt of oral or written comments
by interested persons. Individuals may present oral statements when called
upon in order of registration. Open discussion within the audience will not
occur during the hearing; however, an agency staff member will be available
to discuss the proposal 30 minutes prior to the hearing and will answer questions
before and after the hearing.
SUBMITTAL OF COMMENTS. Written comments may be mailed to Lisa Martin, TNRCC
Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin,
Texas, 78711-3087 or faxed to (512) 239-4808. All comments should reference
Rule Log Number 96174-050-AD. Comments must be received by 5:00 p.m., February
5, 1997. For further information, please contact Brian Christian, Policy
Research Division, (512) 239-1760.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearings should contact the agency at
(512) 239-4900. Requests should be made as far in advance as possible.
STATUTORY AUTHORITY. The repeal is proposed under Texas Water
Code, §§5.103, 5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and
34.006 and Texas Health and Safety Code, §§341.002, 341.031, 361.011,
361.017, 361.024, 366.012, 382.017, 401.011, 401.051, and 401.412, which
authorize the commission to adopt any rules necessary to carry out its powers
and duties under the Water Code and other laws of Texas and to establish
and approve all general policy of the commission.
The proposed repeal implements Texas Water Code, §§5.103, 5.105,
13.041, 26.011, 27.019, 32.009, 33.007, and 34.006 and Texas Health and Safety
Code, §§341.002, 341.031, 361.011, 361.017, 361.024, 366.012, 382.017,
401.011, 401.051, and 401.412.
§ 291.108. Corrections to Certificates of Convenience and Necessity.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Issued in Austin, Texas, on December 18, 1996.
TRD-9618593
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: April 2, 1997
For further information, please call: (512) 239-1966
Subchapter C. Notice Requirements for Water Use Permit Applications
30 TAC §295.158
The commission proposes an amendment to §295.158, concerning
amendments to water rights. The purpose of this rulemaking is to continue
the effort to consolidate agency procedural rules and make certain processes
consistent among different agency programs.
EXPLANATION OF PROPOSED RULE. The proposed amendment deletes subsection
(c)(2)(A), which provides for the correction of nonsubstantive errors in
a permit or certificate of adjudication, such as in the name of the water
right holder, boundary description, or other details that were incorrectly
transcribed. The amendment also deletes subsection (d), which provides for
notice of the amendment to the water right holder, the executive director,
the public interest advocate, and appropriate parties. The requirements of
the deleted provisions are addressed in a new §50.45, concerning Corrections
to Permits, which is being proposed concurrently, and the modification to
§295.158 simply removes duplicative requirements.
FISCAL NOTE. Stephen Minick, Strategic Planning and Appropriations Division,
has determined that for the first five-year period the section is in effect
there will be no significant fiscal implications for state or local government
as a result of enforcing or administering the section.
PUBLIC BENEFIT. Mr. Minick also has determined that for each year of the
first five years the section is in effect the public benefit anticipated
as a result of enforcing the section will be enhanced consistency in the
commission's procedural requirements. There will be no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the section as proposed.
TAKINGS IMPACT STATEMENT. The commission has prepared a Takings Impact
Assessment for the rule pursuant to Texas Government Code, §2007.043.
The following is a summary of that assessment. The specific purpose of this
rule is to continue the effort to consolidate agency procedural rules and
make certain processes consistent among different agency programs. The rule
will substantially advance this specific purpose by placing certain agency
requirements governing nonsubstantive permit corrections under a common section
and repealing duplicative requirements. Promulgation of the rule will not
burden private real property which is the subject of the rule because it
concerns only procedural rules. Also, the following exceptions to the application
of the Texas Government Code, Chapter 2007 apply to the rule: the action
significantly advances the health and safety purpose and imposes no greater
burden than is necessary to achieve the health and safety purpose.
PUBLIC HEARING. A public hearing on this proposal will be held February
5, 1997, at 2:00 p.m. in Room 2210 of Texas Natural Resource Conservation
Commission (TNRCC) Building F, located at located at 12100 Park 35 Circle,
Austin. The hearing is structured for the receipt of oral or written comments
by interested persons. Individuals may present oral statements when called
upon in order of registration. Open discussion within the audience will not
occur during the hearing; however, an agency staff member will be available
to discuss the proposal 30 minutes prior to the hearing and will answer questions
before and after the hearing.
SUBMITTAL OF COMMENTS. Written comments may be mailed to Lisa Martin, TNRCC
Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin,
Texas, 78711-3087 or faxed to (512) 239-4808. All comments should reference
Rule Log Number 96174-050-AD. Comments must be received by 5:00 p.m., February
5, 1997. For further information, please contact Brian Christian, Policy
Research Division, (512) 239-1760.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearings should contact the agency at
(512) 239-4900. Requests should be made as far in advance as possible.
STATUTORY AUTHORITY. The amendment is proposed under Texas Water
Code, §§5.103, 5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and
34.006 and Texas Health and Safety Code, §§341.002, 341.031, 361.011,
361.017, 361.024, 366.012, 382.017, 401.011, 401.051, and 401.412, which
authorize the commission to adopt any rules necessary to carry out its powers
and duties under the Water Code and other laws of Texas and to establish
and approve all general policy of the commission.
The proposed amendment implements Texas Water Code, §§5.103,
5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006 and Texas Health
and Safety Code, §§341.002, 341.031, 361.011, 361.017, 361.024,
366.012, 382.017, 401.011, 401.051, and 401.412.
§295.158. Notice of Amendments to Water Rights.
(a)-(b)
(No change.)
(c)
Not requiring mailed and published notice.
(1)
(No change.)
(2)
Applications of the following descriptions may not
require additional notice:
[(A)
to correct errors inadvertently made in the preparation
of a permit or certificate of adjudication, such as in the name of the water
right holder, boundary description, or other details incorrectly transcribed;]
(A)
[(B)]
to cure ambiguities
or ineffective provisions in a water right;
(B)
[(C)]
to reduce an appropriation
or rate of diversion;
(C)
[(D)]
to change the place
of use when there will be no increased use of state water and the change
will not operate to the injury of any other lawful user of state water. If
a water right is owned by more than one party, all other parties will be
notified of the proposed changes by certified mail and given two weeks to
protest. If no protest is received, further notice will not be required;
(D)
[(E)]
to change the point
of diversion when the existing rate of diversion will not be increased and
there are no interjacent water users of record between the originally authorized
point of diversion and the new one, or when interjacent water users agree
in writing to the amendment. If written agreements are not obtained, interjacent
water users will be notified of the proposed change by certified mail and
given two weeks within which to protest. If no protest is received, further
notice will not be required;
(E)
[(F)]
to add additional
points of diversion where the existing rate of diversion will not be increased
and there are no water users of record between any originally authorized
point of diversion and the new one to be added, or when interjacent water
users agree in writing to the amendment. If written agreements are not obtained,
interjacent water users will be notified of the proposed change by certified
mail and given two weeks within which to protest. If no protest is received,
further notice will not be required;
(F)
[(G)]
to increase the rate
or period for diversion from a storage reservoir.
[(d)
Correction of water rights by the commission. Notice of
the proposed amendment shall be given to the water right holder, the executive
director the public interest advocate, and all parties to the previous proceeding
on the water right to be corrected.]
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 18, 1996.
TRD-9618595
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: April 2, 1997
For further information, please call: (512) 239-6087
Subchapter F. Amendments to Water Rights; Corrections to Water Rights
30 TAC §297.62
The commission proposes the repeal of §297.62, concerning
nonsubstantive changes and corrections to water rights. The purpose of this
rulemaking is to continue the effort to consolidate agency procedural rules
and make certain processes consistent among different agency programs.
EXPLANATION OF PROPOSED RULE. The provisions of the repealed section will
be replaced with a new §50.45, concerning Corrections to Permits, that
is being proposed concurrently, and the repeal simply removes duplicative
requirements.
FISCAL NOTE. Stephen Minick, Strategic Planning and Appropriations Division,
has determined that for the first five-year period the repeal is in effect
there will be no significant fiscal implications for state or local government
as a result of enforcing or administering the repeal.
PUBLIC BENEFIT. Mr. Minick also has determined that for each year of the
first five years the repeal is in effect the public benefit anticipated as
a result of enforcing the repeal will be enhanced consistency in the commission's
procedural requirements. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the repeal as proposed.
TAKINGS IMPACT STATEMENT. The commission has prepared a Takings Impact
Assessment for the rule pursuant to Texas Government Code, §2007.043.
The following is a summary of that assessment. The specific purpose of this
rule is to continue the effort to consolidate agency procedural rules and
make certain processes consistent among different agency programs. The rule
will substantially advance this specific purpose by placing certain agency
requirements governing nonsubstantive permit corrections under a common section
and repealing duplicative requirements. Promulgation of the rule will not
burden private real property which is the subject of the rule because they
concern only procedural rules. Also, the following exceptions to the application
of the Texas Government Code, Chapter 2007 apply to the rule: the action
significantly advances the health and safety purpose and imposes no greater
burden than is necessary to achieve the health and safety purpose.
PUBLIC HEARING. A public hearing on this proposal will be held February
5, 1997, at 2:00 p.m. in Room 2210 of Texas Natural Resource Conservation
Commission (TNRCC) Building F, located at located at 12100 Park 35 Circle,
Austin. The hearing is structured for the receipt of oral or written comments
by interested persons. Individuals may present oral statements when called
upon in order of registration. Open discussion within the audience will not
occur during the hearing; however, an agency staff member will be available
to discuss the proposal 30 minutes prior to the hearing and will answer questions
before and after the hearing.
SUBMITTAL OF COMMENTS. Written comments may be mailed to Lisa Martin, TNRCC
Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin,
Texas, 78711-3087 or faxed to (512) 239-4808. All comments should reference
Rule Log Number 96174-050-AD. Comments must be received by 5:00 p.m., February
5, 1997. For further information, please contact Brian Christian, Policy
Research Division, (512) 239-1760.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearings should contact the agency at
(512) 239-4900. Requests should be made as far in advance as possible.
STATUTORY AUTHORITY. The repeal is proposed under Texas Water
Code, §§5.103, 5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and
34.006 and Texas Health and Safety Code, §§341.002, 341.031, 361.011,
361.017, 361.024, 366.012, 382.017, 401.011, 401.051, and 401.412, which
authorize the commission to adopt any rules necessary to carry out its powers
and duties under the Water Code and other laws of Texas and to establish
and approve all general policy of the commission.
The proposed repeal implements Texas Water Code, §§5.103, 5.105,
13.041, 26.011, 27.019, 32.009, 33.007, and 34.006 and Texas Health and Safety
Code, §§341.002, 341.031, 361.011, 361.017, 361.024, 366.012, 382.017,
401.011, 401.051, and 401.412.
§297.62. Corrections of Water Rights by the Commission.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Issued in Austin, Texas, on December 18, 1996.
TRD-9618596
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: April 2, 1997
For further information, please call: (512) 239-1966
The Texas Natural Resource Conservation Commission (commission) proposes
new §§305.31, 305.32, and 305.54, and amendments to §§305.41,
305.42, 305.44, 305.45, 305.52, 305.53, 305.62, 305.63, and 305.66, concerning
consolidated permits.
EXPLANATION OF PROPOSED RULE. These rules are proposed as a companion to
the commission's proposed radioactive substance rules. The purpose of these
proposed rules is to incorporate certain procedural revisions into the commission's
rules to adapt the radioactive substance rules to the existing procedural
requirements of the commission.
The radioactive substance rules are being proposed as a result of Senate
Bill (SB) 2, First Called Session, 72nd Legislature, and SB 1043, 73rd Legislature,
and to incorporate, with modifications, rules previously adopted by reference
from the Texas Department of Health (TDH). The new rules are needed to adapt
the previous TDH rules to commission requirements. Further, they incorporate
revisions and additions which are needed to maintain compatibility with the
rules of the United States Nuclear Regulatory Commission (NRC). Compatibility
of the commission's rules with the federal program is necessary to preserve
the status of Texas as an Agreement State under Title 10, Code of Federal
Regulations, Part 150 and the "Articles of Agreement between the United States
Atomic Energy Commission and the State of Texas for Discontinuance of Certain
Commission Regulatory Authority and Responsibility Within the State Pursuant
to Section 274 of the Atomic Energy Act of 1954, as Amended."
A brief description of the changes to the proposed sections follows. Commission
staff has also prepared an issues paper that describes in more detail the
proposed radioactive substance rules and the accompanying procedural revisions.
The paper also gives a detailed description of proposed provisions to be
incorporated based on NRC requirements. Copies of this issues paper may be
obtained by contacting Jace A. Houston at (512) 239-4641, or by mail at TNRCC
Office of Policy and Regulatory Development, MC 203, P.O. Box 13087, Austin,
Texas 78711-3087.
Proposed new §305.31 and §305.32 incorporate requirements for
emergency orders and emergency impoundment relating to radioactive substances.
The proposed amendments to §§305.41, 305.42, 305.44, and 305.45
revise the commission's procedural requirements relating to contents and
submittal of applications to make these requirements applicable to applications
for radioactive material licenses.
The proposed amendments to §305.52 update the existing language to
reflect the transfer of jurisdiction over source material recovery and processing
and disposal of radioactive substances from the TDH to the commission. The
proposed amendments also clarify that this section does not apply to applications
for radioactive material licenses.
The proposed amendments to §305.53 clarify that the fees for radioactive
material license applications are calculated according to Chapter 336, Subchapter
B of this title (relating to Radioactive Substance Fees).
Proposed new §305.54 sets forth additional application requirements
for radioactive material licenses including information regarding land ownership,
requirements for written specifications, and provisions for pre-operational
monitoring.
The proposed amendments to §§305.62(i), 305.63, and 305.66 revise
the commission's procedural requirements relating to permit amendment, renewal,
suspension, and revocation to account for certain procedural requirements
in the radioactive substance rules.
FISCAL NOTE. Stephen Minick, Strategic Planning and Appropriations Division,
has determined that for the first five-year period the sections as proposed
are in effect there will be fiscal implications anticipated as a result of
enforcement and administration of the sections. The effect on state government
will be an increase in revenues of at least $312,000 in annual license fees.
In addition, revenues will increase as a result of the adoption of increased
application fees. The actual increased revenue to be produced will depend
on the number of applications made and has not been determined. There are
no significant fiscal implications anticipated for local governments.
PUBLIC BENEFIT. Mr. Minick has also determined that for the first five
years the sections as proposed are in effect the public benefit anticipated
as a result of enforcement of and compliance with the sections will be clarification
of existing regulations relating to regulation of radioactive substances,
improved consistency between state and federal regulations and more effective
recovery of costs of regulation of radioactive substances. Compliance with
the proposed state regulations will result in no significant costs to affected
persons that would not otherwise result from compliance with the existing
federal regulations proposed for incorporation, except for increases in fees
under Chapter 336, Subchapter B (relating to Radioactive Substance Fees)
that are required to fully recover the costs of the state program. Under
the proposed rules, fees for applications for most types of facilities are
unchanged. For certain types of facilities, however, application fees will
increase by as much as $19,000. For commercial disposal facilities, a new
application fee of $64,415 is proposed. Annual license fees for existing
facilities will be amended under these rules, varying from a decrease of
$25,139 per year to an increase of $48,406 per year. The average increase
in annual license fees is $18,370. There are no direct fiscal implications
anticipated for small businesses.
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact
Assessment for these rules pursuant to Texas Government Code Annotated, §2007.043.
The following is a summary of that Assessment. The specific purpose of the
rules is to incorporate rules previously adopted by reference from the TDH
following the transfer of jurisdiction over source material recovery and
processing and disposal of radioactive substances to the commission. The
proposed rules would also maintain compatibility of commission rules with
the NRC, which is necessary to preserve the status of Texas as an Agreement
State. The rules will substantially advance this specific purpose by setting
standards for protection against radiation, by adopting regulations for the
disposal of radioactive materials, by clearly outlining the regulated community's
responsibilities, and by more clearly establishing compatibility with NRC
requirements. Promulgation and enforcement of these rules could burden private
real property that is the subject of the rules.
However, the following exceptions to the application of Texas Government
Code, Chapter 2007 listed in Texas Government Code §2007.003(b) apply
to these rules: Section 2007.003(b)(4)--an action that is reasonably taken
to fulfill an obligation mandated by federal law; and §2007.003(b)(13)--an
action that is taken in response to a real and substantial threat to public
health and safety, that is designed to significantly advance the health and
safety purpose, and that does not impose a greater burden than is necessary
to achieve the health and safety purpose.
ANNOUNCEMENT OF HEARING. A public hearing on this proposal will be held
in Austin on January 16, 1997, at 2:00 p.m. at the TNRCC offices, TNRCC Building
F, Room 2210, 12100 Park 35 Circle, Austin, Texas 78753. Visitor parking
is located in the lots surrounding Buildings A and F, and there is no need
to make reservations or pre-register. Individuals may present oral statements
when called upon in order of registration at the hearing. Open discussion
within the audience will not occur during the hearings; however, a staff
member will be available to discuss the proposal 30 minutes prior to the
hearing and will answer questions before and after the hearing.
SUBMITTAL OF COMMENTS. Written comments may be mailed to Bettie Bell, TNRCC
Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin,
Texas 78711-3087, or faxed to (512) 239-4808. All comments should reference
Rule Log Number 95031-336-WS. Comments must be received by 5:00 p.m., 30
days from the date of publication of this proposal. For further information,
please contact Devane Clarke at (512) 239-5604 or Kathy Vail at (512) 239-6637.
Subchapter B. Emergency Orders, Temporary Orders, and Executive Director Authorizations
30 TAC §305.31, §305.32
STATUTORY AUTHORITY. The new sections are proposed under the
Texas Radiation Control Act (TRCA), Texas Health and Safety Code, §§401.011,
401.051, and 401.412, and Texas Water Code, §5.103, which give the commission
the authority to adopt rules necessary to carry out its responsibilities
to regulate the disposal of radioactive substances and the recovery and processing
of source material.
The new sections implement Texas Health and Safety Code, Chapter 401.
§305.31.Emergency Orders Relating to Radioactive Substances.
(a)
When an emergency exists as a result of a matter under
the commission's jurisdiction that requires immediate action to protect the
public health or safety or the environment, the executive director may recommend
and the commission may, without notice or hearing, issue an order stating
the existence of the emergency and requiring that actions be taken to meet
the emergency.
(b)
The commission may, without notice or hearing, issue an
emergency order directing any action or corrective measure needed to correct
or remove the threat to public health or safety or the environment:
(1)
when the executive director determines that byproduct material,
as defined in §336.2(B) of this title (relating to Definitions), or
the operation generating the byproduct material threatens the public health
or safety or the environment; or
(2)
to a person responsible for an activity, including
a past activity, concerning the recovery or processing of source material
or the disposal of byproduct material, as defined in §336.2(B) of this
title, if it appears that there is an actual or threatened release of source
material or byproduct material that presents an imminent and substantial
danger to the public health or safety or the environment, regardless of whether
the activity was lawful at the time; or
(3)
when the commission determines that radioactive substances
under its jurisdiction threatens the public health or safety or the environment
and that the licensee managing the radioactive substances is unable to remove
the threat.
(c)
An emergency order issued under subsection (b)(2) of this
section may restrain the person to whom the order is directed from allowing
or continuing the release or threatened release and require the person to
take any action necessary to provide and implement an environmentally-sound
remedial action plan designed to eliminate the release or threatened release.
(d)
An emergency order issued under this section takes effect
immediately. A person to whom an emergency order is directed shall comply
immediately with that order.
(e)
The emergency order shall be delivered to the person to
whom the order is directed by hand delivery or by certified mail, return
receipt requested. Affidavit of personal service, proof of mailing to the
proper address, or the receipt shall be conclusive evidence of service. In
the case of an order issued under subsection (b)(2) of this section, if delivery
by hand delivery or certified mail fails, the order may be served on the
person by publication once in the Texas Register and once in a newspaper
of general circulation in each county of the person's last known address.
(f)
If the commission issues the emergency order without notice
or hearing:
(1)
In the case of an order issued under subsection (a) or
(b)(3) of this section, the commission shall provide the person to whom the
order is directed an opportunity for a hearing on written request within
30 days of the date of the order. If a hearing is requested, notice of the
hearing shall be given to the person to whom the order is directed by hand
delivery or certified mail, return receipt requested, at least ten days before
the hearing. A requested hearing shall be held not earlier than the 11th
day and not later than the 20th day following the date of receipt of the
hearing request.
(2)
In the case of an order issued under subsection (b)(1)
or (2) of this section, the order shall set a time, at least ten but not
more than 30 days following the date of issuance of the order, and a place
for a hearing to be held.
(g)
All provisions of the emergency order shall remain in full
force and effect during the pendency of a hearing, unless otherwise altered
by the commission. At the conclusion of the hearing and after the proposal
for decision is made, the commission shall make a determination to affirm,
modify, or revoke the emergency order and may modify, revoke, or suspend
the license based on the determination made.
(h)
The commission shall use the security provided by the licensee
to pay the costs of actions and corrective measures that are taken or that
are to be taken under this section. The commission shall send to the Comptroller
of Public Accounts a copy of its order and the necessary documents authorizing
the Comptroller of Public Accounts to:
(1)
enforce security supplied by the licensee;
(2)
convert the necessary amount of security into cash;
and
(3)
disburse from the security in the Radiation and Perpetual
Care Fund the amount necessary to pay the costs of the commission's actions
and corrective measures.
(i)
If the costs of actions and corrective measures require
more funds than the security has provided, the commission shall request the
Attorney General to seek reimbursement from the licensee or person causing
the threat.
(j)
The commission shall seek reimbursement through a commission
order or shall request the Attorney General to file suit for reimbursement
if the commission uses security from the Radiation and Perpetual Care Fund
to pay for actions or corrective measures to remedy spills or contamination
by radioactive material resulting from a violation of the TRCA, the rules
of this chapter, or a license or order issued by the commission under the
TRCA or this chapter.
§305.32.Emergency Impoundment of Radioactive Material.
(a)
In the event of an emergency, the executive director or
the commission shall have the authority to impound or order the impoundment
of radioactive material possessed by any person not equipped to observe or
failing to observe the provisions of the TRCA, the rules of Chapter 336 of
this title (relating to Radioactive Substance Rules), or a license or order
issued by the commission under the TRCA or Chapter 336 of this title.
(b)
As determined by the commission, the impounded radioactive
material may be:
(1)
returned to a properly licensed owner who did not cause
the emergency;
(2)
released as evidence to police or courts;
(3)
returned to a licensee after the emergency conditions
have ceased and any compliance action is settled;
(4)
sold;
(5)
disposed of at an authorized disposal facility; or
(6)
otherwise appropriately transferred or disposed.
(c)
If disposition of the impounded radioactive material is
necessary to protect the public health and safety, no prior notice need be
given the owner or possessor. If action is not necessary to protect the public
health and safety, the commission shall give written notice to the owner
and/or possessor of the intention to dispose of the material. Notice shall
be given by personal service or certified mail, return receipt requested.
The owner or possessor shall have 30 days from the date of personal service
or mailing to make a written request for a hearing. If no hearing is requested
within that time, the commission may take the proposed action.
(d)
Upon disposition of impounded radioactive material, the
commission may notify the owner and/or possessor of any expense the commission
may have incurred during the impoundment and/or disposition and request reimbursement.
If the amount is not paid within 60 days from the date of notice, the commission
may request the Attorney General to file suit against the owner or possessor
for the amount requested. If the owner or possessor desires to contest the
amount of such charge, he may request a hearing.
(e)
If the commission determines from the facts available that
impounded radioactive material is abandoned, with no reasonable evidence
showing the owner or possessor, the commission may make such disposition
of the material as it sees fit.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618522
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 239-6087
30 TAC §§305.41, 305.42, 305.44, 305.45, 305.52-305.54
These amendments and new section are proposed under the Texas
Radiation Control Act (TRCA), Texas Health and Safety Code, §§401.011,
401.051, and 401.412, and Texas Water Code, §5.103, which give the commission
the authority to adopt rules necessary to carry out its responsibilities
to regulate the disposal of radioactive substances and the recovery and processing
of source material.
These amendments and new section implement Texas Health and Safety Code,
Chapter 401.
§305.41.Applicability.
The sections of this subchapter apply to permit applications required
to be filed with the commission for authorization under [the] Texas Water
Code[,] Chapters 26, 27 and 28,
and
[the Texas
Solid Waste Disposal Act,]
Texas Health and Safety
Code Chapters 361 and 401
[Texas Civil Statutes, Article 4477-7].
§305.42.Application Required.
(a)
(No change.)
(b)
For applications involving hazardous waste, persons currently
authorized to continue hazardous waste management under interim status in
compliance with §335.2(c) of this title (relating to Permit Required)
and [the Solid Waste Disposal Act,] Texas Health and Safety Code [Annotated,
Chapter 361,] §361.082(e)[,] shall apply for permits when required by
the executive director. Owners or operators shall be allowed at least six
months from the date of request to submit a Part B permit application. Owners
or operators of existing hazardous waste management facilities may voluntarily
submit Part B of the application at any time. However, owners or operators
of existing hazardous waste management facilities must submit Part B permit
applications in accordance with the dates specified in 40 Code of Federal
Regulations §270.73. Owners or operators of land disposal facilities
in existence on the effective date of statutory or regulatory amendments
under [the Solid Waste Disposal Act,] Texas Health and Safety Code [Annotated,]
Chapter 361, or the Resource Conservation and Recovery Act of l976, as amended,
42 United States Code §6901 et seq., that render the facility subject
to the requirement to have a hazardous waste permit must submit a Part B
permit application in accordance with the dates specified in 40 Code of Federal
Regulations §270.73 and certify that such a facility is in compliance
with all applicable groundwater monitoring and financial responsibility requirements.
(c)
An
application for a new, amended, or renewed radioactive material license under
Chapter 336 of this title (relating to Radioactive Substance Rules) shall
consist of one signed original and five copies. The executive director may
request additional copies. Copies of an application for a license under Chapter
336, Subchapter H of this title (relating to Licensing Requirements for Near-Surface
Land Disposal of Radioactive Waste) shall be retained by the applicant for
distribution in accordance with written instructions from the executive director.
§305.44.Signatories to Applications.
(a)- (c)
(No change.)
(d)
For
radioactive material license applications under Chapter 336 of this title
(relating to Radioactive Substance Rules), the applicant or person duly authorized
to act for and on the applicant's behalf must sign the application.
§305.45.Contents of Application for Permit.
(a)
Forms for permit applications will be made available by
the executive director.
Except for applications under
Chapter 336 of this title (relating to Radioactive Substance Rules), each
[Each] application for permit shall include the following:
(1)-(6)
(No change.)
(7)
a listing of all permits or construction approvals
received or applied for under any of the following programs:
(A) - (H)
(No change.)
(I)
licenses
under the Texas Radiation Control Act; and
(J)
[(I)]
other environmental
permits;
(8)
(No change.)
(b)
(No change.)
(c)
An
application for a radioactive material license shall include the information
specified in the applicable subchapter of Chapter 336 of this title.
§305.52.Waste Containing Radioactive Materials.
An application which involves the disposal of a waste containing radioactive
materials shall be accompanied by a letter or other instrument in writing
from the
commission, the
Texas Department of
Health,
or any other appropriate authority
stating either that the applicant, or the person delivering the waste containing
radioactive materials for disposal by the applicant, has a license from the
§305.53.Application Fee.
(a)
Except
for radioactive material
licenses or
as specifically provided hereunder, an applicant shall
include with each application a fee of $100.
(1)-(7)
(No change.)
(b)
An applicant shall also include with each application for
a new, amended, or modified permit a fee of $50 to be applied toward the
cost of providing required notice. A fee of $15 is required with each application
for renewal.
This subsection does not apply to radioactive
material licenses.
(c)
Each
application for a radioactive material license shall be accompanied by the
applicable fee. The fee for a license shall be calculated in accordance with
Chapter 336, Subchapter B of this title (relating to Radioactive Substance
Fees).
§305.54.Additional Requirements for Radioactive Material Licenses.
(a)
An applicant may incorporate by reference information contained
in previous applications, statements, or reports filed with the executive
director. References shall be specifically stated, and shall incorporate
accurate, legible, and up-to-date information.
(b)
An application for a license shall contain proposed written
specifications relating to the operations of the facility and any disposition
of radioactive material.
(c)
If the applicant is a corporation under the Texas Business
Corporation Act, written verification (either affidavit or tax receipt) shall
be submitted with the application to confirm that no tax owed the State under
Chapter 171, Tax Code, is delinquent.
(d)
An application shall include information on ownership of
the land on which the proposed project will be located, ownership of the
proposed facilities, buildings, structures, and equipment, and ownership
of properties adjacent to the proposed site.
(e)
For applications under Chapter 336, Subchapter G of this
title (relating to Licensing Requirements for Source Material (Uranium or
Thorium) Recovery and Processing Facilities), an application shall include
an environmental report containing the results of a one-year pre-operational
monitoring program. For a renewal application, the environmental report shall
include the results of the operational monitoring program.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618523
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 239-6087
30 TAC §305.62, §306.63, §305.66
These amendments are proposed under the Texas Radiation Control
Act (TRCA), Texas Health and Safety Code, §§401.011, 401.051, and
401.412, and Texas Water Code, §5.103, which give the commission the
authority to adopt rules necessary to carry out its responsibilities to regulate
the disposal of radioactive substances and the recovery and processing of
source material.
These amendments implement Texas Health and Safety Code, Chapter 401.
§305.62.Amendment.
(a)-(h)
(No change.)
(i)
Amendment
of radioactive material license. An application for amendment of a radioactive
material license shall be filed with the executive director in accordance
with Chapter 336 of this title (relating to Radioactive Substance Rules).
An application for amendment shall specify how the license is to be amended
and the basis for such amendment.
§305.63.Renewal.
(a)
The permittee or the executive director
may file an application for renewal of a permit. The application shall be
filed with the executive director before the permit expiration date. Any
permittee with an effective permit shall submit a new application at least
180 days before the expiration date of the effective permit, unless permission
for a later date has been granted by the executive director. The executive
director shall not grant permission for applications to be submitted later
than the expiration date of the existing permit.
(1)-(7)
(No change.)
(b)
This
section does not apply to applications for renewal of radioactive material
licenses under Chapter 336 of this title (relating to Radioactive Substance
Rules).
§305.66.Permit Denial, Suspension, and Revocation.
(a)
A permit or other order of the commission does not become
a vested right and may be suspended or revoked for good cause at any time
by order of the commission after opportunity for a public hearing is given.
Good cause includes, but is not limited to, the following:
(1)-(7)
(No change.)
(8)
for Class III injection wells, failure to achieve
satisfactory restoration progress; [or]
(9)
for radioactive material licenses, any violation of the Texas Radiation Control
Act or Chapter 336 of this title (relating to Radioactive Substance Rules),
or when conditions are revealed by an application, statement of fact, report,
record, inspection, or other means, which would have warranted the commission's
refusal to issue a license on an original application; or
(10)
[(9)]
such other cause
sufficient to warrant termination or suspension of the authorization.
(b)-(d)
(No change.)
(e)
If the executive director or an affected person intends
to file a petition to revoke or suspend a permit, notice of the intention
and a copy of the petition to be filed shall be personally served on or sent
by registered or certified mail to the permittee at the last address of record
with the commission. This notice shall be given at least 15 days before a
petition for revocation or suspension is submitted to the executive director
or filed with the commission for further proceedings. Failure to provide
such notice shall not be jurisdictional.
For radioactive
material licenses issued under Chapter 336 of this title (relating to Radioactive
Substance Rules), only the executive director may file a petition to revoke
or suspend a license.
(f)-(l)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618524
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 239-6087
30 TAC §305.65
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices
of the Texas Natural Resource Conservation Commission or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The commission proposes the repeal of §305.65,
concerning nonsubstantive changes to permits. The purpose of this rulemaking
is to continue the effort to consolidate agency procedural rules and make
certain processes consistent among different agency programs.
EXPLANATION OF PROPOSED RULE. The provisions of the repealed section will
be replaced with a new §50.45, concerning Corrections to Permits, that
is being proposed concurrently, and the repeal simply removes duplicative
requirements.
FISCAL NOTE. Stephen Minick, Strategic Planning and Appropriations Division,
has determined that for the first five-year period the repeal is in effect
there will be no significant fiscal implications for state or local government
as a result of enforcing or administering the repeal.
PUBLIC BENEFIT. Mr. Minick also has determined that for each year of the
first five years the repeal is in effect the public benefit anticipated as
a result of enforcing the repeal will be enhanced consistency in the commission's
procedural requirements. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the repeal as proposed.
TAKINGS IMPACT STATEMENT. The commission has prepared a Takings Impact
Assessment for the rule pursuant to Texas Government Code, §2007.043.
The following is a summary of that assessment. The specific purpose of this
rule is to continue the effort to consolidate agency procedural rules and
make certain processes consistent among different agency programs. The rule
will substantially advance this specific purpose by placing certain agency
requirements governing nonsubstantive permit corrections under a common section
and repealing duplicative requirements. Promulgation of the rule will not
burden private real property which is the subject of these rules because
they concern only procedural rules. Also, the following exceptions to the
application of the Texas Government Code, Chapter 2007 apply to the rule:
the action significantly advances the health and safety purpose and imposes
no greater burden than is necessary to achieve the health and safety purpose.
PUBLIC HEARING. A public hearing on this proposal will be held February
5, 1997, at 2:00 p.m. in Room 2210 of Texas Natural Resource Conservation
Commission (TNRCC) Building F, located at located at 12100 Park 35 Circle,
Austin. The hearing is structured for the receipt of oral or written comments
by interested persons. Individuals may present oral statements when called
upon in order of registration. Open discussion within the audience will not
occur during the hearing; however, an agency staff member will be available
to discuss the proposal 30 minutes prior to the hearing and will answer questions
before and after the hearing.
SUBMITTAL OF COMMENTS. Written comments may be mailed to Lisa Martin, TNRCC
Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin,
Texas, 78711-3087 or faxed to (512) 239-4808. All comments should reference
Rule Log Number 96174-050-AD. Comments must be received by 5:00 p.m., February
5, 1997. For further information, please contact Brian Christian, Policy
Research Division, (512) 239-1760.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearings should contact the agency at
(512) 239-4900. Requests should be made as far in advance as possible.
STATUTORY AUTHORITY. The repeal is proposed under Texas Water
Code, §§5.103, 5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and
34.006 and Texas Health and Safety Code, §§341.002, 341.031, 361.011,
361.017, 361.024, 366.012, 382.017, 401.011, 401.051, and 401.412, which
authorize the commission to adopt any rules necessary to carry out its powers
and duties under the Water Code and other laws of Texas and to establish
and approve all general policy of the commission.
The proposed repeal implements Texas Water Code, §§5.103, 5.105,
13.041, 26.011, 27.019, 32.009, 33.007, and 34.006 and Texas Health and Safety
Code, §§341.002, 341.031, 361.011, 361.017, 361.024, 366.012, 382.017,
401.011, 401.051, and 401.412.
§305.65.Corrections of Permits.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618597
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: April 2, 1997
For further information, please call: (512) 239-1966
The Texas Natural Resource Conservation Commission (commission) proposes
the repeal of §§336.1-336.8, concerning radiation rules; and proposes
new §§336.1-336.6, 336.11, 336.12, 336.101-336.113, 336.201, 336.203,
336.205, 336.207, 336.209-336.211, 336.213, 336.215, 336.217, 336.219, 336.301-336.368,
336.401-336.410, 336.501-336.505, 336.512-336.514, 336.521, 336.601-336.606,
336.613-336.629, 336.636, 336.701-336.703, 336.705-336.711, 336.715, 336.716,
336.718-336.737, 336.740-336.743, and 336.801-336.807, concerning radioactive
substance rules.
EXPLANATION OF PROPOSED RULE. These rules are being proposed as a result
of Senate Bill (SB) 2, First Called Session, 72nd Legislature, and SB 1043,
73rd Legislature, and to incorporate, with modifications, rules previously
adopted by reference from the Texas Department of Health (TDH). The new rules
are needed to adapt the previous TDH rules to commission requirements. Further,
they incorporate revisions and additions which are needed to maintain compatibility
with the rules of the United States Nuclear Regulatory Commission (NRC).
Compatibility of the commission's rules with the federal program is necessary
to preserve the status of Texas as an Agreement State under Title 10 Code
of Federal Regulations Part 150 and the "Articles of Agreement between the
United States Atomic Energy Commission and the State of Texas for Discontinuance
of Certain Commission Regulatory Authority and Responsibility Within the
State Pursuant to Section 274 of the Atomic Energy Act of 1954, as Amended."
On March 1, 1992, jurisdiction over disposal of radioactive substances
was transferred to the Texas Water Commission (TWC) from the TDH. Following
this transfer, on October 23, 1992, the TWC adopted by reference in §§336.1
- 336.4, those portions of the TDH's Texas Regulations for Control of Radiation
(TRCR) that related to disposal of radioactive substances. On September 1,
1993, jurisdiction over source material recovery and processing was transferred
from the TDH to the Texas Natural Resource Conservation Commission, the TWC's
successor agency. Following this transfer, effective December 29, 1993, the
commission extended the adoption of the TRCR by reference to include those
portions applicable to source material recovery and processing. This rule
adoption (§§336.1-336.6) also contained other amendments, including
revisions to certain radiation protection standards. Effective December 27,
1995, the commission adopted §336.7, which adopted by reference a Memorandum
of Understanding (MOU) between the TDH and the commission relating to jurisdiction
over radiation control functions. Effective July 3, 1996, the commission
adopted §336.8, which contained an MOU between the Railroad Commission
of Texas, the TDH, and the commission concerning uranium surface mining,
uranium milling, and disposal of uranium mill tailings. These former rules
(§§336.1-336.8) are proposed to be repealed.
The proposed new rules, which replace the rules proposed to be repealed,
are divided into nine subchapters, A through I. The first eight subchapters
generally correspond in sequence to the parts of the TRCR that were previously
adopted by reference. Proposed Subchapters A through F contain only those
sections from the corresponding TRCR that are pertinent to the commission's
jurisdiction. Proposed Subchapters G and H contain facility-specific sections
of the corresponding TRCR rules. Proposed Subchapter I contains general requirements
for financial assurance, including the wording of each type of acceptable
financial assurance instrument. Certain facility-specific requirements for
financial assurance are set forth in proposed Subchapters F, G, and H.
A brief description of each of the proposed subchapters follows, including
how they correspond to the TRCR. In the interest of brevity, the descriptions
do not reflect all of the changes being proposed. However, commission staff
has prepared an issues paper that describes in more detail the changes being
proposed. The paper also gives a detailed description of proposed provisions
to be incorporated based on NRC requirements. Copies of this issues paper
may be obtained by contacting Jace A. Houston at (512) 239-4641, or by mail
at TNRCC Office of Policy and Regulatory Development, MC 203, P.O. Box 13087,
Austin, Texas 78711-3087.
Proposed Subchapter A (relating to General Provisions) corresponds primarily
to TRCR Part 11 and sets forth definitions, general requirements, and MOUs
between the commission and other state agencies regarding radiation control
activities. Enforcement provisions in the original TRCR will be adopted in
a companion guidance document after final adoption of these rules.
Proposed Subchapter B (relating to Radioactive Substance Fees) corresponds
to TRCR Part 12, as amended by the commission effective December 29, 1993,
and sets forth proposed increases in annual license fees for radioactive
material licensees. Also proposed is an application fee and an annual fee
for commercial disposal activities at uranium recovery facilities. There
is also a new proposal on funding of decommissioning confirmation surveys.
Proposed Subchapter C (relating to Additional Application, Operation, and
License Requirements) incorporates general provisions applicable to facilities
to be regulated under Subchapters F, G, and H. It also incorporates new NRC
incident reporting requirements.
Proposed Subchapter D (relating to Standards for Protection Against Radiation)
corresponds to TRCR Part 21, as amended by the commission effective December
29, 1993, and incorporates new requirements relating to a uniform waste manifest
system that apply to the receipt and acceptance of radioactive material shipments
at licensed low-level radioactive waste disposal sites. These requirements
are based on new NRC rules and must be implemented by March 1, 1998.
Proposed §336.356(a)(5) modifies the existing soil and vegetation
contamination limits for natural uranium. Under existing rules, a limit of
30 pCi/g has been set for natural uranium in soil (on a dry weight basis).
The commission now proposes a two-tiered limit of 30 pCi/g, averaged over
the top 15 cm of soil below the surface, and 150 pCi/g, average concentration
at depths greater than 15 cm below the surface. Based on commission and TDH
analysis under the RESRAD computer modeling program, soil contaminated with
uranium at the proposed new levels together with radium-226 at the regulatory
limit (5 pCi/g in the first 15 cm of soil and 15 pCi/g averaged over 15 cm
thick layers of soil more than 15 cm below the surface is expected to result
in an annual dose of less than 100 mrem. The commission actively seeks public
comment from interested persons on proposed §336.356(a)(5). The commission
may choose to retain or otherwise modify the original standard of 30 pCi/g
for natural uranium in soil if the information it receives from public comment
indicates that the new standard is inconsistent with the goal of promoting
public health and safety and environmental protection while permitting the
maximum use of radiation sources.
Proposed Subchapter E (relating to Notices, Instructions, and Reports to
Workers and Inspections) corresponds to TRCR Part 22 and contains several
proposed changes relating to licensee reports regarding personnel monitoring.
These changes are being made to be consistent with NRC rules.
Proposed Subchapter F (relating to Licensing of Alternative Methods of
Disposal of Radioactive Material) corresponds to TRCR Part 41 but has been
modified to apply specifically to the requirements for licensing of disposal
of radioactive material on property owned by the generator of the wastes.
The proposed rules provide for continued licensing of disposal sites that
are authorized on existing licenses and for bringing under licensure the
inactive disposal sites that are not currently licensed. However, the proposed
rules prohibit the authorization of new onsite disposal facilities or expansion
of existing onsite disposal facilities. This proposed prohibition against
licensing of new or expanded onsite disposal facilities is based on Health
and Safety Code, §401.203, which states that a radioactive waste disposal
license may be issued only to a public entity specifically authorized by
law for radioactive waste disposal. Proposed Subchapter F also incorporates
NRC's new rules relating to decommissioning funding or financial assurance
and timeliness of decommissioning. The proposed rules set January 1, 1998,
as the date by which affected licensees under Subchapter F would have to
comply with the decommissioning funding requirements.
Proposed Subchapter G (relating to Licensing Requirements for Source Material
(Uranium or Thorium) Recovery and Processing Facilities) corresponds to TRCR
Part 43 and covers the licensing requirements for source material recovery
and processing, and uranium mill tailings or byproduct material disposal.
This proposed subchapter incorporates the NRC's new requirements for expeditious
reclamation of uranium mill tailing impoundments, including reclamation schedules
and milestones. This proposed subchapter also incorporates NRC's new rules
relating to timeliness of decommissioning of licensed facilities. In addition,
the proposed rules clarify the need for the licensee to submit an updated
closure plan at the time of decommissioning. Proposed Subchapter G also contains
new rules that require that separate uranium recovery projects be licensed
separately, even when one or more projects are owned or operated by the same
entity. The proposed rules specify which facilities may be combined on a
single license and set certain requirements for geographical contiguity of
those facilities. The proposed rules affect applications for new projects.
Proposed Subchapter H (relating to Licensing Requirements for Near-Surface
Land Disposal of Radioactive Waste) corresponds to TRCR Part 45 and incorporates
new requirements relating to a uniform waste manifest system that apply to
licensed low-level radioactive waste disposal sites. These requirements are
based on new NRC rules and must be implemented by March 1, 1998.
Proposed Subchapter I (relating to Financial Assurance) corresponds to
certain sections of TRCR Parts 43 and 45 and contains the general requirements
for financial assurance, including the required wording of each type of acceptable
financial assurance instrument for licenses issued under the specific financial
assurance provisions of proposed Subchapters F, G, or H.
Certain procedural revisions have also been incorporated into the commission's
rules to adapt the radioactive substance rules to the existing procedural
requirements of the commission. These procedural revisions are described
in more detail in the respective preambles for the affected chapters.
FISCAL NOTE. Stephen Minick, Strategic Planning and Appropriations Division,
has determined that for the first five-year period the sections as proposed
are in effect there will be fiscal implications anticipated as a result of
enforcement and administration of the sections. The effect on state government
will be an increase in revenues of at least $312,000 in annual license fees.
In addition, revenues will increase as a result of the adoption of increased
application fees. The actual increased revenue to be produced will depend
on the number of applications made and has not been determined. There are
no significant fiscal implications anticipated for local governments.
PUBLIC BENEFIT. Mr. Minick has also determined that for the first five
years the sections as proposed are in effect the public benefit anticipated
as a result of enforcement of and compliance with the sections will be clarification
of existing regulations relating to regulation of radioactive substances,
improved consistency between state and federal regulations and more effective
recovery of costs of regulation of radioactive substances. Compliance with
the proposed state regulations will result in no significant costs to affected
persons that would not otherwise result from compliance with the existing
federal regulations proposed for incorporation, except for increases in fees
under Subchapter B (relating to Radioactive Substance Fees) that are required
to fully recover the costs of the state program. Under the proposed rules,
fees for applications for most types of facilities are unchanged. For certain
types of facilities, however, application fees will increase by as much as
$19,000. For commercial disposal facilities, a new application fee of $64,415
is proposed. Annual license fees for existing facilities will be amended
under these rules, varying from a decrease of $25,139 per year to an increase
of $48,406 per year. The average increase in annual license fees is $18,370.
There are no direct fiscal implications anticipated for small businesses.
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact
Assessment for these rules pursuant to Texas Government Code Annotated, §2007.043.
The following is a summary of that Assessment. The specific purpose of the
rules is to incorporate rules previously adopted by reference from the TDH
following the transfer of jurisdiction over source material recovery and
processing and disposal of radioactive substances to the commission. The
proposed rules would also maintain compatibility of commission rules with
the NRC, which is necessary to preserve the status of Texas as an Agreement
State. The rules will substantially advance this specific purpose by setting
standards for protection against radiation, by adopting regulations for the
disposal of radioactive materials, by clearly outlining the regulated community's
responsibilities, and by more clearly establishing compatibility with NRC
requirements. Promulgation and enforcement of these rules could burden private
real property that is the subject of the rules.
However, the following exceptions to the application of Texas Government
Code, Chapter 2007 listed in Texas Government Code, §2007.003(b) apply
to these rules: Section 2007.003(b)(4)--an action that is reasonably taken
to fulfill an obligation mandated by federal law; and §2007.003(b)(13)--an
action that is taken in response to a real and substantial threat to public
health and safety, that is designed to significantly advance the health and
safety purpose, and that does not impose a greater burden than is necessary
to achieve the health and safety purpose.
ANNOUNCEMENT OF HEARING. A public hearing on this proposal will be held
in Austin on January 16, 1997, at 2:00 p.m. at the TNRCC offices, TNRCC Building
F, Room 2210, 12100 Park 35 Circle, Austin, Texas 78753. Visitor parking
is located in the lots surrounding Buildings A and F, and there is no need
to make reservations or pre-register. Individuals may present oral statements
when called upon in order of registration at the hearing. Open discussion
within the audience will not occur during the hearings; however, a staff
member will be available to discuss the proposal 30 minutes prior to the
hearing and will answer questions before and after the hearing.
SUBMITTAL OF COMMENTS. Written comments may be mailed to Bettie Bell, TNRCC
Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin,
Texas 78711-3087, or faxed to (512) 239-4808. All comments should reference
Rule Log Number 95031-336-WS. Comments must be received by 5:00 p.m., 30
days from the date of publication of this proposal. For further information,
please contact Devane Clarke at (512) 239-5604 or Kathy Vail at (512) 239-6637.
30 TAC §§336.1-336.8
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Natural Resource Conservation Commission or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
STATUTORY AUTHORITY. These repeals are proposed under
the Texas Radiation Control Act (TRCA), Texas Health and Safety Code, §§401.011,
401.051, and 401.412, and Texas Water Code, §5.103, which give the commission
the authority to adopt rules necessary to carry out its responsibilities
to regulate the disposal of radioactive substances and the recovery and processing
of source material.
These repeals implement Texas Health and Safety Code, Chapter 401.
§336.1.Adoption of Texas Regulations for the Control of Radiation.
§336.2.Definitions.
§336.3.Communications.
§336.4.Procedural Rules.
§336.5.Amended TRCR Part 12 Fee Schedules.
§336.6.TRCR Part 21 Amendments Regarding Waste Management.
§336.7.Adoption by Reference of Memorandum of Understanding.
§336.8.Memorandum of Understanding Between Railroad Commission of Texas, Texas Department of Health, and Texas Natural Resource Conservation Commission Regarding Uranium Surface Mining, Uranium Ore Milling, and Tailings Ponds and Impoundments.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618738
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: February 3, 1997
For further information, please call: (512) 239-6087
Subchapter A. General Provisions
§§336.1-336.6, 336.11, 336.12
These new sections are proposed under the Texas Radiation
Control Act (TRCA), Texas Health and Safety Code, §§401.011, 401.051,
and 401.412, and Texas Water Code, §5.103, which give the Texas Natural
Resource Conservation Commission authority to adopt rules necessary to carry
out its responsibilities to regulate the disposal of radioactive substances
and the recovery and processing of source material.
These new sections implement Texas Health and Safety Code, Chapter 401.
§336.1.Scope and General Provisions.
(a)
Except as otherwise specifically provided, the rules in
Chapter 336 of this title (relating to Radioactive Substance Rules) apply
to all persons who engage in source material recovery and processing or the
disposal of radioactive substances, as defined in this subchapter, and for
that purpose receive, possess, use, process, transfer, or dispose of radioactive
substances. However, nothing in these rules shall apply to any person to
the extent that person is subject to regulation by the United States Nuclear
Regulatory Commission (USNRC) or to radioactive material in the possession
of federal agencies. The rules in this chapter do not apply to the disposal
of radiation machines as defined in this subchapter or electronic devices
which produce non-ionizing radiation.
(b)
Regulation by the State of Texas of source material, byproduct
material, and special nuclear material in quantities not sufficient to form
a critical mass is subject to the provisions of the Agreement between the
State of Texas and the USNRC and to Part 150 of Title 10 Code of Federal
Regulations (10 CFR Part 150) (relating to Exemptions and Continued Regulatory
Authority in Agreement States and in Offshore Waters Under Section 274).
(A copy of the Texas agreement, "Articles of Agreement between the United
States Atomic Energy Commission and the State of Texas for Discontinuance
of Certain Commission Regulatory Authority and Responsibility Within the
State Pursuant to Section 274 of the Atomic Energy Act of 1954, as Amended,"
may be obtained from the UIC, Uranium and Radioactive Waste Section, MC 131,
Industrial and Hazardous Waste Division, Texas Natural Resource Conservation
Commission, MC-131, P.O. Box 13087, Austin, Texas 78711-3087.) Under the
Agreement and 10 CFR Part 150, the USNRC retains certain regulatory authorities
over source material, byproduct material, and special nuclear material in
the State of Texas. Persons in the State of Texas are not exempt from the
regulatory requirements of the USNRC with respect to these retained authorities.
(c)
No person may receive, possess, use, transfer, or dispose
of radioactive material, which is subject to the rules in this chapter, in
such a manner that the standards for protection against radiation prescribed
in these rules are exceeded.
(d)
Each person licensed by the commission under this subchapter
shall confine possession and use of licensed radioactive material to the
locations and purposes authorized in the license.
(e)
No person may cause or allow the release of radioactive
material, which is subject to the rules in this chapter, to the environment
in violation of this chapter or of any rule, license, or order of the Texas
Natural Resource Conservation Commission (commission).
§336.2.Definitions.
The following words and terms when used in this chapter shall have
the following meanings, or as described in 30 TAC Chapter 3 of this title
(relating to Definitions), unless the context clearly indicates otherwise.
Additional definitions used only in a certain subchapter will be found in
that subchapter.
Absorbed dose
- The energy imparted by ionizing radiation per
unit mass of irradiated material. The units of absorbed dose are the rad
and the gray (Gy).
Accelerator
-produced radioactive material - Any material made
radioactive by exposing it to the radiation from a particle accelerator.
Activity
- The rate of disintegration (transformation) or
decay of radioactive material. The units of activity are the curie (Ci) and
the becquerel (Bq).
Adult
- An individual 18 or more years of age.
Agreement State
- Any state with which the USNRC or the Atomic
Energy Commission has entered into an effective agreement under the Atomic
Energy Act of 1954, §274b, as amended.
Airborne radioactive material
- Any radioactive material dispersed
in the air in the form of dusts, fumes, particulates, mists, vapors, or gases.
Airborne radioactivity area
- A room, enclosure, or area in
which airborne radioactive materials, composed wholly or partly of licensed
material, exist in concentrations:
(A)
in excess of the derived air concentrations (DACs)
specified in §336.359, Appendix B, Table I, Column 1, of this title
(relating to Annual Limits on Intake (ALI) and Derived Air Concentrations
(DAC) of Radionuclides for Occupational Exposure; Effluent Concentrations;
Concentrations for Release to Sanitary Sewerage); or
(B)
to a degree that an individual present in the area
without respiratory protective equipment could exceed, during the hours an
individual is present in a week, an intake of 0.6% of the annual limit on
intake (ALI) or 12 DAC-hours.
Annual limit on intake (ALI)
- The derived limit for the amount
of radioactive material taken into the body of an adult worker by inhalation
or ingestion in a year. ALI is the smaller value of intake of a given radionuclide
in a year by the "reference man" that would result in a committed effective
dose equivalent of 5 rems (0.05 sievert) or a committed dose equivalent of
50 rems (0.5 sievert) to any individual organ or tissue. ALI values for intake
by ingestion and by inhalation of selected radionuclides are given in Table
I, Columns 1 and 2, of §336.359, Appendix B, of this title (relating
to Annual Limits on Intake (ALI) and Derived Air Concentrations (DAC) of
Radionuclides for Occupational Exposure; Effluent Concentrations; Concentrations
for Release to Sanitary Sewerage).
As low as is reasonably achievable (ALARA)
- Making every
reasonable effort to maintain exposures to radiation as far below the dose
limits in this chapter as is practical, consistent with the purpose for which
the licensed activity is undertaken, taking into account the state of technology,
the economics of improvements in relation to the state of technology, the
economics of improvements in relation to benefits to the public health and
safety, and other societal and socioeconomic considerations, and in relation
to utilization of ionizing radiation and licensed radioactive materials in
the public interest.
Background radiation
- Radiation from cosmic sources; non-technologically
enhanced naturally-occurring radioactive material, including radon (except
as a decay product of source or special nuclear material) and global fallout
as it exists in the environment from the testing of nuclear explosive devices.
"Background radiation" does not include radiation from radioactive materials
regulated by the commission, Texas Department of Health, USNRC, or an Agreement
State.
Becquerel (Bq)
- See §336.4 of this title (relating to
Units of Radioactivity).
Bioassay
- The determination of kinds, quantities, or concentrations,
and, in some cases, the locations of radioactive material in the human body,
whether by direct measurement (in vivo counting) or by analysis and evaluation
of materials excreted or removed from the human body. For purposes of the
rules in this chapter, "radiobioassay" is an equivalent term.
Byproduct material
-
(A)
A radioactive material, other than special nuclear
material, that is produced in or made radioactive by exposure to radiation
incident to the process of producing or using special nuclear material; and
(B)
The tailings or wastes produced by or resulting from
the extraction or concentration of uranium or thorium from ore processed
primarily for its source material content, including discrete surface wastes
resulting from uranium solution extraction processes, and other tailings
having similar radiological characteristics. Underground ore bodies depleted
by these solution extraction processes do not constitute "byproduct material"
within this definition.
CFR
- Code of Federal Regulations.
Class
- A classification scheme for inhaled material according
to its rate of clearance from the pulmonary region of the lung. Materials
are classified as D, W, or Y, which applies to a range of clearance half-times:
for Class D (Days) of less than 10 days, for Class W (Weeks) from 10 to 100
days, and for Class Y (Years) of greater than 100 days. For purposes of the
rules in this chapter, "lung class" and "inhalation class" are equivalent
terms.
Collective dose
- The sum of the individual doses received
in a given period of time by a specified population from exposure to a specified
source of radiation.
Committed dose equivalent (H
T,50
) (CDE)
- The dose equivalent to organs or tissues of reference (T) that
will be received from an intake of radioactive material by an individual
during the 50-year period following the intake.
Committed effective dose equivalent (H
E,50
)
(CEDE)
- The sum of the products of the weighting factors applicable
to each of the body organs or tissues that are irradiated and the committed
dose equivalent to each of these organs or tissues.
Curie (Ci)
- See §336.4 of this title (relating to Units
of Radioactivity).
Declared pregnant woman
- A woman who has voluntarily informed
her employer, in writing, of her pregnancy and the estimated date of conception.
Decommission
- To remove (as a facility) safely from service
and reduce residual radioactivity to a level that permits release of the
property for unrestricted use and termination of license.
Deep-dose equivalent (H
d
) (which applies
to external whole- body exposure)
- The dose equivalent at a tissue
depth of 1 centimeter (1,000 milligrams/square centimeter).
Depleted uranium
- The source material uranium in which the
isotope uranium-235 is less than 0.711%, by weight, of the total uranium
present. Depleted uranium does not include special nuclear material.
Derived air concentration (DAC)
- The concentration of a given
radionuclide in air which, if breathed by the "reference man" for a working
year of 2,000 hours under conditions of light work (inhalation rate of 1.2
cubic meters of air/hour), results in an intake of one ALI. DAC values are
given in Table I, Column 3, of §336.359, Appendix B, of this title (relating
to Annual Limits on Intake (ALI) and Derived Air Concentrations (DAC) of
Radionuclides for Occupational Exposure; Effluent Concentrations; Concentrations
for Release to Sanitary Sewerage).
Derived air concentration-hour (DAC-hour)
- The product of
the concentration of radioactive material in air (expressed as a fraction
or multiple of the derived air concentration for each radionuclide) and the
time of exposure to that radionuclide, in hours. A licensee may take 2,000
DAC-hours to represent one ALI, equivalent to a committed effective dose
equivalent of 5 rems (0.05 sievert).
Dose
- A generic term that means absorbed dose, dose equivalent,
effective dose equivalent, committed dose equivalent, committed effective
dose equivalent, total organ dose equivalent, or total effective dose equivalent.
For purposes of the rules in this chapter, "radiation dose" is an equivalent
term.
Dose equivalent (H
T
)
- The product
of the absorbed dose in tissue, quality factor, and all other necessary modifying
factors at the location of interest. The units of dose equivalent are the
rem and sievert (Sv).
Dose limits
- The permissible upper bounds of radiation doses
established in accordance with the rules in this chapter. For purposes of
the rules in this chapter, "limits" is an equivalent term.
Dosimetry processor
- An individual or organization that processes
and evaluates individual monitoring devices in order to determine the radiation
dose delivered to the monitoring devices.
Effective dose equivalent (H
E
)
- The sum of the products of the dose equivalent to each organ or tissue
(H
T
) and the weighting factor (w
T
) applicable to each of the body organs or tissues that are irradiated.
Embryo/fetus
- The developing human organism from conception
until the time of birth.
Entrance or access point
- Any opening through which an individual
or extremity of an individual could gain access to radiation areas or to
licensed radioactive materials. This includes portals of sufficient size
to permit human access, irrespective of their intended use.
Exposure
- Being exposed to ionizing radiation or to radioactive
material.
Exposure rate
- The exposure per unit of time.
External dose
- That portion of the dose equivalent received
from any source of radiation outside the body.
Extremity
- Hand, elbow, arm below the elbow, foot, knee,
and leg below the knee. The arm above the elbow and the leg above the knee
are considered part of the whole body.
Eye dose equivalent
- The external dose equivalent to the
lens of the eye at a tissue depth of 0.3 centimeter (300 milligrams/square
centimeter).
General license
- An authorization granted by an agency under
its rules which is effective without the filing of an application with that
agency or the issuance of a licensing document to the particular person.
Generally applicable environmental radiation standards
- Standards
issued by the United States Environmental Protection Agency under the authority
of the Atomic Energy Act of 1954, as amended, that impose limits on radiation
exposures or levels, or concentrations or quantities of radioactive material,
in the general environment outside the boundaries of locations under the
control of persons possessing or using radioactive material.
Gray (Gy)
- See §336.3 of this title (relating to Units
of Radiation Exposure and Dose).
High radiation area
- An area, accessible to individuals,
in which radiation levels could result in an individual receiving a dose
equivalent in excess of 0.1 rem (1 millisievert) in 1 hour at 30 centimeters
from any source of radiation or from any surface that the radiation penetrates.
Individual
- Any human being.
Individual monitoring
- The assessment of:
(A)
dose equivalent by the use of individual monitoring
devices; or
(B)
committed effective dose equivalent by bioassay or
by determination of the time-weighted air concentrations to which an individual
has been exposed, that is, DAC-hours; or
(C)
dose equivalent by the use of survey data. Individual
monitoring devices - Devices designed to be worn by a single individual for
the assessment of dose equivalent. For purposes of the rules in this chapter,
"individual monitoring equipment," "personnel dosimeter," and "dosimeter"
are equivalent terms. Examples of individual monitoring devices are film
badges, thermoluminescent dosimeters (TLDs), pocket ionization chambers,
and personal ("lapel") air sampling devices.
Inhalation class
- See "Class."
Inspection
- An official examination and/or observation including,
but not limited to, records, tests, surveys, and monitoring to determine
compliance with the TRCA and rules, orders, and license conditions of the
commission.
Internal dose
- That portion of the dose equivalent received
from radioactive material taken into the body.
Land disposal facility
- The land, buildings and structures,
and equipment which are intended to be used for the disposal of radioactive
wastes into the subsurface of the land. For purposes of this chapter, a "geologic
repository" as defined in 10 CFR Part 60 (relating to Disposal of High-level
Radioactive Wastes in Geologic Repositories) is not considered a "land disposal
facility."
License
- See "Specific license."
Licensed material
- Radioactive material received, possessed,
used, processed, transferred, or disposed of under a license issued by the
commission.
Licensee
- Any person who holds a license issued by the commission
in accordance with the TRCA and the rules in this chapter. For purposes of
the rules in this chapter, "radioactive material licensee" is an equivalent
term. Unless stated otherwise, "licensee" as used in the rules of this chapter
means the holder of a "specific license."
Licensing State
- Any state with rules equivalent to the Suggested
State Regulations for Control of Radiation relating to, and having an effective
program for, the regulatory control of NARM and which has been designated
as such by the Conference of Radiation Control Program Directors, Inc.
Lost or missing licensed radioactive material
- Licensed material
whose location is unknown. This definition includes material that has been
shipped but has not reached its planned destination and whose location cannot
be readily traced in the transportation system.
Low-level radioactive waste
- See "Radioactive waste."
Lung class
- See "Class."
Major amendment
-
(A)
An amendment to a license issued under Subchapter
F of this chapter (relating to Licensing of Alternative Methods of Disposal
of Radioactive Material) which:
(i)
authorizes a transfer of a license to another person;
(ii)
authorizes enlargement of the disposal area beyond that
authorized in the existing license or addition of disposal areas; or
(iii)
authorizes a substantive change in the nature of the
wastes to be disposed of or the method of disposal.
(B)
An amendment to a license issued under Subchapter
G of this chapter (relating to Licensing Requirements for Source Material
(Uranium or Thorium) Recovery and Processing Facilities) which:
(i)
authorizes a transfer of the license to another person;
(ii)
authorizes enlargement of the licensed site beyond that
authorized in the existing license;
(iii)
authorizes a method of disposal of byproduct material,
as defined in §336.2, subparagraph (B), of this title (relating to Definitions)
which is different from that specified in the existing license or authorizes
a change to substantive provisions concerning an existing disposal method;
(iv)
grants an exemption from or an alternative to any specific
technical requirement of Subchapter G of this chapter (relating to Licensing
Requirements for Source Material (Uranium or Thorium) Recovery and Processing
Facilities), §336.627 of this title (relating to Financial Assurance
Requirements), §336.628 of this title (relating to Long-Term Care and
Surveillance Requirements), or §336.629 of this title (relating to Land
Ownership of Tailings or Waste Disposal Sites);
(v)
authorizes disposal of byproduct material from others or
authorizes other commercial activity not proposed in the application for
the initial issuance of the license;
(vi)
authorizes alternate concentration limits under §336.615(e)
of this title (relating to Secondary Groundwater Protection);
(vii)
approves a reclamation plan for a tailings or waste disposal
site under §336.622 of this title (relating to Closure Completion Milestones
and Schedule);
(viii)
approves a change in the date set in the license for
completion of the final radon barrier or interim milestones under §336.622
of this title (relating to Closure Completion Milestones and Schedule); or
(ix)
authorizes a portion of a uranium mill tailings impoundment
to accept materials from others for disposal during the closure process or
after the final radon barrier is complete under §336.622 of this title
(relating to Closure Completion Milestones and Schedule).
(C)
An amendment to a license issued under Subchapter
H of this chapter (relating to Licensing Requirements for Near-Surface Land
Disposal of Radioactive Waste) which:
(i)
authorizes a change in the type or concentration limits
of wastes to be received;
(ii)
authorizes receipt of wastes from other states not authorized
in the existing license;
(iii)
authorizes a change in the operator of the facility;
(iv)
authorizes closure and the final closure plan for the
disposal site; or
(v)
transfers the license to the custodial agency.
(D)
Any other amendment for which the executive director
has prepared a written environmental analysis or has determined that an environmental
analysis is required.
Member of the public
- Any individual except when that individual
is receiving an occupational dose.
Minor
- An individual less than 18 years of age.
Minor amendment
- Any amendment to a license issued under
this chapter which is not defined as a major amendment in this section and
does not have a significant impact or effect on the human environment.
Monitoring
- The measurement of radiation levels, radioactive
material concentrations, surface area activities, or quantities of radioactive
material and the use of the results of these measurements to evaluate potential
exposures and doses. For purposes of the rules in this chapter, "radiation
monitoring" and "radiation protection monitoring" are equivalent terms.
Naturally-occurring or accelerator-produced radioactive material (NARM)
- Any naturally-occurring or accelerator-produced radioactive material
except source material or special nuclear material.
Naturally-occurring radioactive material (NORM) waste
- Solid,
liquid, or gaseous material or combination of materials, excluding source
material, special nuclear material, and byproduct material, that:
(A)
in its natural physical state spontaneously
emits radiation;
(B)
is discarded or unwanted; and
(C)
is not exempt under rules of the Texas Department
of Health adopted under Health and Safety Code, §401.106.
Near-surface disposal facility
- A land disposal facility
in which radioactive waste is disposed of in or within the upper 30 meters
of the earth's surface.
Nonstochastic effect
- A health effect, the severity of which
varies with the dose and for which a threshold is believed to exist. Radiation-induced
cataract formation is an example of a nonstochastic effect. For purposes
of the rules in this chapter, "deterministic effect" is an equivalent term.
Occupational dose
- The dose received by an individual in
the course of employment in which the individual's assigned duties involve
exposure to radiation and/or to radioactive material from licensed and unlicensed
sources of radiation, whether in the possession of the licensee or other
person. Occupational dose does not include dose received from background
radiation, as a patient from medical practices, from voluntary participation
in medical research programs, or as a member of the public.
Oil and gas naturally-occurring radioactive material (NORM) waste
- Naturally-occurring radioactive material (NORM) waste that constitutes,
is contained in, or has contaminated oil and gas waste as that term is defined
in the Texas Natural Resources Code, §91.1011.
Personnel monitoring equipment
- See "Individual monitoring
devices."
Planned special exposure
- An infrequent exposure to radiation,
separate from and in addition to the annual occupational dose limits.
Principal activities
- Activities authorized by the license
which are essential to achieving the purpose(s) for which the license is
issued or amended. Storage during which no licensed material is accessed
for use or disposal and activities incidental to decontamination or decommissioning
are not principal activities.
Public dose
- The dose received by a member of the public
from exposure to radiation and/or radioactive material released by a licensee,
or to any other source of radiation under the control of licensee. It does
not include occupational dose or doses received from background radiation,
as a patient from medical practices, or from voluntary participation in medical
research programs.
Quality factor (Q)
- The modifying factor listed in Table
I or II of §336.3 of this title (relating to Units of Radiation Exposure
and Dose) that is used to derive dose equivalent from absorbed dose.
Quarter (Calendar quarter)
- A period of time equal to one-fourth
of the year observed by the licensee (approximately 13 consecutive weeks),
providing that the beginning of the first quarter in a year coincides with
the starting date of the year and that no day is omitted or duplicated in
consecutive quarters.
Rad
- See §336.3 of this title (relating to Units of
Radiation Exposure and Dose).
Radiation
- Alpha particles, beta particles, gamma rays, x-
rays, neutrons, high-speed electrons, high-speed protons, and other particles
capable of producing ions. For purposes of the rules in this chapter, "ionizing
radiation" is an equivalent term. Radiation, as used in this chapter, does
not include non-ionizing radiation, such as radio- or microwaves or visible,
infrared, or ultraviolet light.
Radiation and Perpetual Care Fund
- A fund established in
the treasury of the State of Texas for the purposes set forth in the TRCA
§401.305.
Radiation area
- Any area, accessible to individuals, in which
radiation levels could result in an individual receiving a dose equivalent
in excess of 0.005 rem (0.05 millisievert) in 1 hour at 30 centimeters from
the source of radiation or from any surface that the radiation penetrates.
Radiation machine
- Any device capable of producing ionizing
radiation except those devices with radioactive material as the only source
of radiation.
Radioactive material
- A naturally-occurring or artificially-produced
solid, liquid, or gas that emits radiation spontaneously.
Radioactive substance
- Includes byproduct material, radioactive
material, radioactive waste, source material, special nuclear material, and
naturally-occurring radioactive material (NORM) waste, excluding oil and
gas NORM waste.
Radioactive waste
- Radioactive material other than byproduct
material as defined in subparagraph (B) of the definition of "byproduct material"
of this section, uranium ore, naturally-occurring radioactive material (NORM)
waste, or oil and gas NORM waste, that is discarded or unwanted and is not
exempt under rules of the Texas Department of Health adopted under Health
and Safety Code, §401.106, or would require processing before it could
have beneficial reuse. For purposes of the rules in this chapter, radioactive
waste also excludes waste classified as high-level radioactive waste, transuranic
waste, or spent nuclear fuel. For purposes of the rules in this chapter,
radioactive waste means "low-level radioactive waste" as that term is used
in 10 CFR Part 61 (relating to Licensing Requirements for Land Disposal of
Radioactive Waste). For purposes of the rules in this chapter, "radioactive
waste" and "low-level radioactive waste" are equivalent terms. For purposes
of the rules in this chapter, radioactive waste and low-level radioactive
waste include accelerator-produced radioactive material. For purposes of
the rules in this chapter, radium-226 contained in NORM waste will be regulated
as radioactive waste or low-level radioactive waste.
Radioactivity
- The disintegration of unstable atomic nuclei
with the emission of radiation.
Radiobioassay
- See "Bioassay."
Reference man
- A hypothetical aggregation of human physical
and physiological characteristics determined by international consensus.
These characteristics may be used by researchers and public health workers
to standardize results of experiments and to relate biological insult to
a common base. A description of "reference man" is contained in the International
Commission on Radiological Protection report, ICRP Publication 23, "Report
of the Task Group on Reference Man."
Rem
- See §336.3 of this title (relating to Units of
Radiation Exposure and Dose).
Respiratory protection equipment
- An apparatus, such as a
respirator, used to reduce an individual's intake of airborne radioactive
materials. For purposes of the rules in this chapter, "respiratory protective
device" is an equivalent term.
Restricted area
- An area, access to which is limited by the
licensee for the purpose of protecting individuals against undue risks from
exposure to radiation and radioactive materials. Restricted area does not
include areas used as residential quarters, but separate rooms in a residential
building may be set apart as a restricted area.
Roentgen (R)
- See §336.3 of this title (relating to
Units of Radiation Exposure and Dose).
Sanitary sewerage
- A system of public sewers for carrying
off waste water and refuse, but excluding sewage treatment facilities, septic
tanks, and leach fields owned or operated by the licensee.
Sealed source
- Radioactive material that is permanently bonded
or fixed in a capsule or matrix designed to prevent release and dispersal
of the radioactive material under the most severe conditions that are likely
to be encountered in normal use and handling.
Shallow-dose equivalent (Hs) (which applies to the external exposure
of the skin or an extremity)
- The dose equivalent at a tissue depth
of 0.007 centimeter (7 milligrams/square centimeter) averaged over an area
of 1 square centimeter.
SI
- The abbreviation for the International System of Units.
Sievert (Sv)
- See §336.3 of this title (relating to
Units of Radiation Exposure and Dose).
Site boundary
- That line beyond which the land or property
is not owned, leased, or otherwise controlled by the licensee.
Source material
-
(A)
Uranium or thorium, or any combination thereof,
in any physical or chemical form; or
(B)
Ores that contain, by weight, 0.05% or more of uranium,
thorium, or any combination thereof. Source material does not include special
nuclear material.
Source material recovery
- Uranium or thorium recovery as
defined in this section.
Special form radioactive material
- Radioactive material which
is either a single solid piece or is contained in a sealed capsule that can
be opened only by destroying the capsule and which has at least one dimension
not less than 5 millimeters and which satisfies the test requirements of
10 CFR §71.75 (relating to Transportation of License Material).
Special nuclear material
-
(A)
Plutonium, uranium-233, uranium enriched in
the isotope 233 or in the isotope 235, and any other material that the United
States Nuclear Regulatory Commission, under the provisions of the Atomic
Energy Act of 1954, §51, as amended, determines to be special nuclear
material, but does not include source material; or
(B)
Any material artificially enriched by any of the foregoing,
but does not include source material.
Special nuclear material in quantities not sufficient to form a critical
mass
- uranium enriched in the isotope 235 in quantities not exceeding
350 grams of contained uranium-235; uranium-233 in quantities not exceeding
200 grams; plutonium in quantities not exceeding 200 grams; or any combination
of these in accordance with the following formula: For each kind of special
nuclear material, determine the ratio between the quantity of that special
nuclear material and the quantity specified above for the same kind of special
nuclear material. The sum of such ratios for all of the kinds of special
nuclear material in combination shall not exceed 1. For example, the following
quantities in combination would not exceed the limitation: (175 grams contained
U-235/350 grams) + (50 grams U-233/200 grams) + (50 grams Pu/200 grams) =
1.
Specific license
- A licensing document issued by an agency
upon an application filed under its rules. For purposes of the rules in this
chapter, "radioactive material license" is an equivalent term. Unless stated
otherwise, "license" as used in this chapter means a "specific license."
State
- The State of Texas.
Stochastic effect
- A health effect that occurs randomly and
for which the probability of the effect occurring, rather than its severity,
is assumed to be a linear function of dose without threshold. Hereditary
effects and cancer incidence are examples of stochastic effects. For purposes
of the rules in this chapter, "probabilistic effect" is an equivalent term.
Survey
- An evaluation of the radiological conditions and
potential hazards incident to the production, use, transfer, release, disposal,
and/or presence of radioactive materials or other sources of radiation. When
appropriate, this evaluation includes, but is not limited to, physical examination
of the location of radioactive material and measurements or calculations
of levels of radiation or concentrations or quantities of radioactive material
present.
Termination
- As applied to a license, a release by the commission
of the obligations and authorizations of the licensee under the terms of
the license. It does not relieve a person of duties and responsibilities
imposed by law.
Thorium recovery
- Any activity that results in the production
of byproduct material as defined in the definition of this section ''byproduct
material'' subparagraph (B), excluding other tailings having similar radiological
characteristics. As used in this definition, "thorium recovery" has the same
meaning as "thorium milling" in 10 CFR Part 40 (relating to Domestic Licensing
of Source Material).
Total effective dose equivalent (TEDE)
- The sum of the deep-dose
equivalent for external exposures and the committed effective dose equivalent
for internal exposures.
Total organ dose equivalent (TODE)
- The sum of the deep-dose
equivalent and the committed dose equivalent to the organ receiving the highest
dose as described in §336.346(a)(6) of this title (relating to Records
of Individual Monitoring Results).
Type A quantity (for packaging)
- A quantity of radioactive
material, the aggregate radioactivity of which does not exceed A1 for special
form radioactive material or A2 for normal form radioactive material, where
A1 and A2 are given in or may be determined by procedures in Appendix A to
10 CFR Part 71 (relating to Packaging and Transportation of Radioactive Material).
Type B quantity (for packaging)
- A quantity of radioactive
material greater than a Type A quantity.
Unrefined and unprocessed ore
- Ore in its natural form before
any processing, such as grinding, roasting, beneficiating, or refining.
Unrestricted area
- Any area that is not a restricted area.
Uranium recovery
- Any activity that results in the production
of byproduct material as defined in the definition of this section “byproduct
material” subparagraph (B), excluding other tailings having similar
radiological characteristics. As used in this definition, "uranium recovery"
has the same meaning as "uranium milling" in 10 CFR Part 40 (relating to
Domestic Licensing of Source Material).
Very high radiation area
- An area, accessible to individuals,
in which radiation levels could result in an individual receiving an absorbed
dose in excess of 500 rads (5 grays) in 1 hour at 1 meter from a source of
radiation or from any surface that the radiation penetrates. (At very high
doses received at high dose rates, units of absorbed dose (rad and gray)
are appropriate, rather than units of dose equivalent (rem and sievert).)
Violation
- An infringement of any provision of the TRCA or
of any rule, order, or license condition of the commission issued under the
TRCA or this chapter.
Week
- Seven consecutive days starting on Sunday.
Weighting factor (w T) for an organ or tissue (T)
- The proportion
of the risk of stochastic effects resulting from irradiation of that organ
or tissue to the total risk of stochastic effects when the whole body is
irradiated uniformly. For calculating the effective dose equivalent, the
values of wT are:
Figure 1: 30 TAC §336.2
Whole body
- For purposes of external exposure, head, trunk
including male gonads, arms above the elbow, or legs above the knee.
Worker
- An individual engaged in activities under a license
issued by the commission and controlled by a licensee, but does not include
the licensee.
Working level (WL)
- Any combination of short-lived radon
daughters in 1 liter of air that will result in the ultimate emission of
1.3 x 105 million electron volts (MeV) of potential alpha particle energy.
The short-lived radon daughters are: for radon-222: polonium-218, lead-214,
bismuth-214, and polonium-214; and for radon-220: polonium-216, lead-212,
bismuth-212, and polonium-212.
Working level month (WLM)
- An exposure to 1 working level
for 170 hours (2,000 working hours per year divided by 12 months per year
is approximately equal to 170 hours per month).
Year
- The period of time beginning in January used to determine
compliance with the provisions of the rules in this chapter. The licensee
may change the starting date of the year used to determine compliance by
the licensee provided that the change is made at the beginning of the year
and that no day is omitted or duplicated in consecutive years.
§336.3.Units of Radiation Exposure and Dose.
(a)
As used in the rules in this chapter, the SI unit of exposure
is the coulomb/kilogram (C/kg) of air. The special unit of exposure is the
roentgen. One roentgen equals 2.58 x 10
-4
coulomb/kilogram
of air.
(b)
As used in the rules in this chapter, the units of radiation
dose are as follows:
(1)
Rad is the special unit of absorbed dose. One rad is equal
to an absorbed dose of 100 ergs/gram or 0.01 joule/kilogram (0.01 gray).
(2)
Gray (Gy) is the SI unit of absorbed dose. One gray
is equal to an absorbed dose of 1 joule/kilogram (100 rads).
(3)
Rem is the special unit of any of the quantities expressed
as dose equivalent. The dose equivalent in rem is equal to the absorbed dose
in rad multiplied by the quality factor (1 rem = 0.01 sievert).
(4)
Sievert (Sv) is the SI unit of any of the quantities
expressed as dose equivalent. The dose equivalent in sievert is equal to
the absorbed dose in gray multiplied by the quality factor (1 sievert = 100
rems).
(c)
As used in the rules in this chapter, the quality factors
for converting absorbed dose to dose equivalent are shown in Table I.
Figure 1: 30 TAC §336.3(c)
(d)
If it is more convenient to measure the neutron fluence
rate than to determine the neutron dose equivalent rate in rem/hour or sievert/hour,
as provided in subsection (c) of this section, 1 rem (0.01 sievert) of neutron
radiation of unknown energies may, for purposes of the rules in this chapter,
be assumed to result from a total fluence of 25 million neutrons/square centimeter
incident upon the body. If sufficient information exists to estimate the
approximate energy distribution of the neutrons, the licensee may use the
fluence rate per unit dose equivalent or the appropriate Q value from Table
II to convert a measured tissue dose in rad (gray) to dose equivalent in
rem (sievert).
Figure 2: 30 TAC §336.3(d)
§336.4.Units of Radioactivity.
For purposes of the rules in this chapter, activity is expressed in
the special unit of curie (Ci) or in the SI unit of becquerel (Bq), or its
multiples, or disintegrations (transformations) per unit of time, as follows:
(1)
One curie (Ci) = 3.7 x 10
10
disintegrations or transformations/second (dps or tps) = 3.7 x 10
10
becquerel (Bq) = 2.22 x 10
12
disintegrations
or transformations/minute (dpm or tpm). Commonly used submultiples of the
curie are as follows. One millicurie (mCi) = 1 x 10
-3
Ci = 3.7 x 10
7
dps. One microcurie
(microCi) = 1 x 10
-6
Ci = 3.7 x 10
4
dps. One nanocurie (nCi) = 1 x 10
-9
Ci = 3.7 x 10 dps. One picocurie (pCi) = 1 x 10
-12M
Ci = 3.7 x 10
-2
dps.
(2)
One becquerel (Bq) = 1 disintegration or transformation/second
(dps or tps).
§336.5.Exemptions.
(a)
General provision. The commission may, upon application
therefor or upon its own initiative, grant those exemptions or exceptions
from the requirements of the rules in this chapter as it determines are authorized
by law and will not result in undue risk to public health and safety or property
or the environment.
(b)
Carriers. Common and contract carriers, freight forwarders,
and warehousemen are exempt from commission rules in this chapter to the
extent that they transport or store radioactive materials in the regular
course of carriage for another person or storage incident thereto. Private
carriers are exempt from commission rules in this chapter to the extent that
they transport radioactive materials. Common and contract carriers, freight
forwarders, warehousemen, and private carriers are subject to applicable
rules of the United States Department of Transportation, the United States
Postal Service or, for intrastate transportation, the Texas Department of
Health. Packaging and transportation of radioactive material are also subject
to applicable rules of the United States Nuclear Regulatory Commission (10
CFR Part 71, Packaging and Transportation of Radioactive Material).
(c)
United States Department of Energy contractors and United
States Nuclear Regulatory Commission contractors. Any United States Department
of Energy contractor or subcontractor or any United States Nuclear Regulatory
Commission contractor or subcontractor of the following categories operating
within the State is exempt from the rules in this chapter, with the exception
of any applicable fee set forth in Subchapter B of this chapter (relating
to Radioactive Substance Fees), to the extent that such contractor or subcontractor
under his contract receives, possesses, uses, transfers, or acquires sources
of radiation:
(1)
prime contractors performing work for the United States
Department of Energy at a United States government-owned or controlled site,
including the transportation of radioactive material to or from the site
and the performance of contract services during temporary interruptions of
transportation;
(2)
prime contractors of the United States Department
of Energy performing research in or development, manufacture, storage, testing,
or transportation of atomic weapons or components thereof;
(3)
prime contractors of the United States Department
of Energy using or operating nuclear reactors or other nuclear devices in
a United States government-owned vehicle or vessel; and
(4)
any other prime contractor or subcontractor of the
United States Department of Energy or the United States Nuclear Regulatory
Commission when the State and the United States Nuclear Regulatory Commission
jointly determine that:
(A)
the exemption of the prime contractor or subcontractor
is authorized by law; and
(B)
under the terms of the contract or subcontract, there
is adequate assurance that the work thereunder can be accomplished without
undue risk to the public health and safety or the environment.
§336.6.Additional Requirements.
The commission may, by rule, order, or condition of license, impose
upon any licensee such requirements in addition to those established in the
rules in this chapter as it deems appropriate or necessary under the TRCA
to minimize danger to public health and safety or property or the environment.
§336.11.Appendix A. Memorandum of Understanding Between the Texas Department of Health and the Texas Natural Resource Conservation Commission Regarding Radiation Control Functions.
(a)
Purpose. The purpose of this Memorandum of Understanding
(MOU) is to implement and coordinate the responsibilities and define the
respective duties of the agencies in the regulation of sources of radiation
in accordance with Texas Health and Safety Code (code), §401.414 and
§402.1512, to provide a consistent approach to avoid duplication, and
to delineate areas of separate jurisdiction.
(b)
Jurisdiction.
(1)
In accordance with the code, §401.412, the Texas Natural
Resource Conservation Commission (TNRCC) has primary jurisdiction to regulate
and issue licenses for the disposal of radioactive substances, except for
naturally occurring radioactive material (NORM) originating from oil and
gas production and exploration activities, defined as "oil and gas NORM waste"
in the code, §401.003(27). For purposes of this MOU, disposal means
isolation or removal of radioactive substances from mankind's environment
without intent to retrieve those radioactive substances later. The term does
not include emissions and discharges in accordance with 25 TAC §289.202
(relating to Standards for Protection Against Radiation) of the Texas Department
of Health (TDH). "Radioactive substance" includes by-product material, radioactive
material, radioactive waste, source material, sources of radiation, and special
nuclear material as are defined by the code, §401.003. In accordance
with the code, §401.412, the TNRCC also has primary jurisdiction to
regulate and issue licenses for source material recovery and processing,
including the disposal of by-product material, as defined in the code, §401.003(3)(B).
(2)
The TDH has jurisdiction to regulate and license the
possession, receipt, use, handling, transfer, transport, and storage of all
radioactive material, excluding the recovery and processing of source material,
processing of by-product material as defined in the code, §401.003(3)(B),
and the disposal of radioactive substances. The TDH has sole jurisdiction
to regulate and register or license the use or service of electronic products
as defined in the code, §401.003(9). The code, §401.106, gives
the TDH the authority, through rulemaking by the Texas Board of Health, to
exempt a source of radiation or a kind of use or user from licensing or registration
requirements.
(3)
The receipt, storage, and/or processing of radioactive
substances received by a TNRCC licensee at a radioactive substance disposal
facility for the explicit purpose of disposal at that facility shall be regulated
by the TNRCC. All other uses of radioactive material (e.g., well logging,
industrial radiography, gauging devices, etc.) at a TNRCC-licensed radioactive
substance disposal facility shall be regulated by the TDH.
(4)
Processing of radioactive substances at a TNRCC-licensed
radioactive substance disposal facility by persons other than the TNRCC licensee
shall be authorized only by the TDH under a license or under reciprocal recognition
of an out-of-state license and shall be in accordance with the jurisdiction
of the TDH.
(5)
The receipt, storage, and processing of radioactive
material at TDH-licensed facilities whose primary activity is not disposal
of radioactive substances but which are also licensed by the TNRCC for disposal
of radioactive substances shall be regulated by the TDH.
(c)
Relationship with the United States Nuclear Regulatory
Commission (NRC) and the Texas Radiation Advisory Board (TRAB) regarding
rulemaking. The TNRCC and the TDH agree to work together to ensure that complete
regulation is maintained for sources, uses, and users of radiation. As appropriate,
the TDH and the TNRCC agree to coordinate rulemaking activities between the
two agencies and the TRAB to ensure consistency of regulation. Each agency
agrees to coordinate rulemaking activities which pertain to the requirements
of the Agreement between the State of Texas and the NRC, as amended, and
to ensure the compatibility of rules and guidelines with federal regulatory
programs. Each agency agrees to coordinate on providing information on any
proposed legislation relating to the regulation of radioactive substances.
(d)
Emergency preparedness.
(1)
The State of Texas is required by federal laws and regulations
to have trained personnel always available for emergency response training,
drills, exercises, and actual emergency response at fixed nuclear facilities.
The code, §401.066, requires the TDH to implement these activities.
(2)
The TDH and the TNRCC will coordinate personnel availability
for emergency planning and response activities. Each agency is authorized
to collect an annual fee from the operators of fixed nuclear facilities in
the state for expenses arising from emergency response activities, including
training.
(3)
The TDH will inform the TNRCC in a timely manner of
all required exercises, drills and training. The TNRCC will ensure that all
technical personnel who work in the radiation program attend the emergency
response training coordinated by the TDH. The TNRCC shall notify the TDH
of changes in the employment status of all the appropriate radiation personnel.
In the event of an emergency, the appropriate TDH and TNRCC radiation staff
will be available for emergency response under the direction of the TDH staff
and in accordance with Annex D of the State of Texas Emergency Management
Plan.
(e)
Management of radioactive wastewaters.
(1)
The TNRCC is the state agency having the jurisdiction in
accordance with the Texas Water Code, Chapter 26, for the discharge of any
waste or wastewaters, including radioactive wastewaters, into or adjacent
to waters in the state, except for those wastes regulated by the Railroad
Commission of Texas. No discharge is allowed unless authorized by the TNRCC
or by another state agency having jurisdiction over the activity. The TNRCC
has responsibility for issuance of permits and for enforcement of the terms
and conditions of permits, rules, and/or orders which concern the treatment
and discharge of radioactive wastewaters.
(2)
The TNRCC shall consult with the TDH with regard to
regulation and management of radioactive wastewaters and may not adopt any
rules or engage in any management activities that are in conflict with state
or federal laws and rules relating to regulation of radioactive wastewaters.
The TNRCC shall notify the TDH, Bureau of Radiation Control, when an application
is received for a treatment and/or disposal permit for radioactive wastewaters.
The TNRCC shall provide the TDH with a copy of the wastewater treatment and/or
disposal permit application during the technical review. The TDH shall provide
the TNRCC with the appropriate permit limits for the radioactive component
of wastewater discharges and cumulative limits for disposal sites, if land
application is contemplated by the application. No separate license from
the TDH shall be required to authorize that discharge. The TDH may provide
the TNRCC with other suggestions related to management of radioactive wastewaters.
(3)
TDH licenses regarding facilities requiring a wastewater
permit shall contain a provision that licensees must comply with the TNRCC
permit requirements. TNRCC permits governing facilities requiring a radioactive
materials license from the TDH shall contain a provision that permittees
must comply with TDH license requirements.
(f)
Financial security instruments. The TNRCC will review and
evaluate the financial security instruments for radioactive substance disposal
sites and uranium recovery facilities in accordance with its jurisdiction.
The TDH will review and evaluate the financial security instruments for licenses
in accordance with its jurisdiction. The radiation and perpetual care fund
will be available for use by both agencies for receipt of financial security
as appropriate.
(g)
Low-level waste health surveillance survey. In accordance
with code, §402.058, the TDH and the TNRCC agree to coordinate efforts,
in conjunction with the Texas Low-Level Radioactive Waste Disposal Authority
and the local public health officials, in the development of a health surveillance
survey for the population in the vicinity of a radioactive waste disposal
site.
(h)
Dosimetry program and meter calibration. The TDH may provide
personnel monitoring services, thermoluminescent dosimeters for environmental
monitoring, and radiation survey instrument calibration for TNRCC personnel
in the radiation program in accordance with an approved contract for those
services. The TDH and the TNRCC may renegotiate this contract each biennium.
(i)
Mutual assistance. Each agency may request from the other
agency short-term assistance of personnel or resources when there is need
for such assistance, such as for performing close-out surveys, training,
environmental monitoring, technical reviews, and technical support at contested
hearings. Each agency will provide the requested assistance to the extent
possible without disrupting its own required activities.
(j)
Maintenance of files on known disposal sites and contaminated
facilities. The TDH agrees to assist the TNRCC in maintaining files on known
locations in the State at which radioactive material has been disposed of
and at which soil and facilities are contaminated and in maintaining information
on inspection reports related to these locations. Each agency agrees to maintain
files of sites and facilities regulated in accordance with its respective
jurisdictions.
(k)
Relationship with other memoranda of understanding. This
MOU supersedes those found at 25 TAC §289.123 (relating to Licensing
of Uranium Recovery Facilities), 25 TAC §289.125 (relating to Licensing
Requirements for Near-Surface Land Disposal of Radioactive Waste), and §305.521(2)
of this title (relating to Adoption of Memoranda of Understanding by Reference).
(l)
Radioactive substances exempted or released for unrestricted
use. Once a source of radiation is exempted from regulation by the Texas
Board of Health in accordance with code, §401.106 or meets release criteria
for unrestricted use in accordance with the provisions of the Texas Regulations
for Control of Radiation, its disposal is not subject to further regulation
as a radioactive substance by the TNRCC.
(m)
Miscellaneous.
(1)
The TNRCC and the TDH agree to revise their respective
rules and procedures as needed to implement this MOU.
(2)
Agency representatives shall meet as needed to discuss
possible changes in this MOU and to encourage increased communication between
the agencies.
(3)
Nothing in this MOU shall be construed to reduce the
statutory jurisdiction of either agency.
(4)
If any provision of this MOU is held to be invalid,
the remaining provisions shall not be affected thereby.
(n)
Effective date. This amended MOU will take effect when
signed by both agencies and remain in effect until rescinded by formal action
of either agency.
§336.12.Appendix B. Memorandum of Understanding between Railroad Commission of Texas, Texas Department of Health, and Texas Natural Resource Conservation Commission Regarding Uranium Surface Mining, Uranium Ore Milling, and Tailings Ponds and Impoundments.
Now therefore, the Railroad Commission of Texas (RCT), the Texas Department
of Health (TDH), and the Texas Natural Resource Conservation Commission (TNRCC)
hereby agree to the following:
(1)
Uranium surface mining.
(A)
The RCT shall have responsibility for permitting and enforcement
activities, including reclamation, for all uranium surface mining facilities.
The regulation of uranium exploration and surface mining activities by the
RCT shall cover non-radiological aspects of all exploration activity and
open pit mining and shall be enforced through its adopted rules. The RCT
shall ensure that the proposed activities meet the RCT standards; determine
the adequacy of pre-operational information provided by the applicant; assess
the degree of environmental impact that would result from the proposed activity;
issue permits and permit revisions and renewals; enforce all the RCT permit
conditions and standards, including the maintenance of financial assurance
for activities for which the RCT is directly responsible.
(B)
The RCT and the TDH shall be jointly responsible, from
both radiological and non-radiological considerations, for regulation of
releases and disposal of mine effluents, mine drainages, and other wastes
resulting from uranium surface mining. Regulation relating to all surface
discharges of effluents or other liquid or solid streams from the mining
areas shall be determined in cooperation with TNRCC. The RCT shall have the
primary responsibility for regulation of reclamation and revegetation activities
and for subsequent release of the land affected by mining. The TDH will perform
confirmatory radiological surveys of the reclaimed areas and advise the RCT
of its findings.
(2)
Uranium ore milling.
(A)
The TNRCC shall have responsibility for licensing and
enforcement activities for the ore milling process plant facilities starting
from the raw ore receipt and storage to the packing for transportation of
the uranium oxide concentrate. The TNRCC shall ensure the proposed activities
meet TNRCC standards; determine the adequacy of radiological and non-radiological
pre-operational information provided, and assess the impact of proposed activities
on public health and safety and the environment; review the applicant's design,
construction, operation, monitoring, recordkeeping, reporting, maintenance,
closure, and post-closure activities, including decommissioning and reclamation,
to ensure that they meet TNRCC standards; address environmental impacts resulting
from the proposed activities in a TNRCC-prepared environmental assessment;
and issue licenses and enforce all TNRCC license conditions and standards,
including determination and maintenance of financial assurance for activities
for which the TNRCC is directly responsible.
(B)
The TNRCC shall review decommissioning and reclamation
plans for ore milling and processing facilities. The TNRCC will also approve
releases and disposal of all effluents and wastes on the land surface.
(3)
Tailings ponds and impoundments.
(A)
The TNRCC shall have responsibility for licensing and
enforcement activities for uranium mill tailings ponds and other impoundments.
The TNRCC and RCT shall each share with the other agency submitted technical
information and keep the other agency informed of its key decisions to assure
that the state's best technical expertise is employed for oversight. This
cooperation shall cover activities such as ponds and impoundments (to assure
that they meet with applicable construction or closure standards); pre-operational
site information; applicant's proposed design, construction, operation, monitoring,
recordkeeping, reporting, maintenance, decommissioning, reclamation, and
post-closure activities; environmental monitoring data; and financial assurance
requirements.
(B)
The TNRCC, in accordance with its authority, shall have
exclusive responsibility for post-reclamation long-term surveillance, including
environmental monitoring of tailings ponds and other impoundments from the
effective date of this MOU.
(C)
The TNRCC shall be responsible for the evaluation and
regulation of radiological and non-radiological impacts of the operation
of tailings ponds and other impoundments that may lead to tailings accumulation
and discharges or releases to the surface or subsurface; address the environmental
impacts resulting from the operation; issue licenses and enforce all TNRCC
license conditions and standards, including determination and maintenance
of financial assurance under the Radiation and Perpetual Care Fund; coordinate
the transfer of reclaimed land to the State of Texas and assume responsibility
for long-term surveillance at the site, or coordinate transfer to the federal
government. The TNRCC activities, as provided herein, shall be carried out
under the authority and conditions granted by its own rules and the United
States Nuclear Regulatory Commission and the applicable standards set forth
by the United States Environmental Protection Agency. In the foregoing activities,
the TNRCC shall share with the RCT all technical and financial assurance
information and keep the RCT informed of all significant decision recommendations
prior to their being made to assure that the RCT's permitting requirements
are met.
(4)
The RCT shall forward one copy of each application
for uranium surface mining to the TDH and the TNRCC. Information bearing
on the technical merit of an application, or other substantive issues received
by any agency, will be forwarded to the other agencies.
(5)
The RCT and the TNRCC may coordinate inspections,
sampling programs, and enforcement actions. TNRCC will be solely responsible
for conducting inspections, sampling programs, and enforcement actions at
mill sites, tailings ponds and impoundments.
(6)
In the event that a public hearing is requested or
is required, the hearing shall be called and conducted by the agency having
jurisdiction over the issues that have compelled the public hearing and may
be attended by legal and technical staff of the other agencies.
(7)
The technical staffs of the RCT and the TNRCC will
cooperate so that their highest level of technical expertise will be available
to assess environmental impacts, attend public hearings, and enforce the
respective agency's mandates.
(8)
The RCT, TDH, and the TNRCC agree to review and revise
their respective rules and procedures as needed to implement this Memorandum
of Understanding.
(9)
Agency representatives shall meet, as needed, but
no less than annually, to discuss possible changes in this Memorandum of
Understanding and to encourage increased communications between the agencies.
(10)
Nothing in this Memorandum of Understanding shall
be construed to reduce the statutory jurisdiction of these agencies.
(11)
If any provision of this Memorandum of Understanding
is held to be invalid, the remaining provisions shall not be affected thereby.
(12)
This Memorandum of Understanding will take effect
when signed by all three agencies and remain in effect until rescinded by
formal action of any one of these agencies.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618527
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: February 3, 1997
For further information, please call: (512) 239-6087
30 TAC §§336.101-336.113
These new sections are proposed under the Texas Radiation
Control Act (TRCA), Texas Health and Safety Code, §§401.011, 401.051,
and 401.412, and Texas Water Code, §5.103, which give the Texas Natural
Resource Conservation Commission authority to adopt rules necessary to carry
out its responsibilities to regulate the disposal of radioactive substances
and the recovery and processing of source material and to set and collect
appropriate fees to recover its costs to carry out these responsibilities
and for emergency response activities at fixed nuclear facilities.
These new sections implement Texas Health and Safety Code, Chapter 401.
§336.101.Purpose and Scope.
(a)
This subchapter establishes fees for licensing, emergency
response activities including training, and other regulatory services and
provides for their payment.
(b)
Except as otherwise specifically provided, this subchapter
applies to any person who is:
(1)
an applicant for or holder of a radioactive material license
issued under Subchapter F of this chapter (relating to Licensing of Alternative
Methods of Disposal of Radioactive Material), Subchapter G of this chapter
(relating to Licensing Requirements for Source Material (Uranium or Thorium)
Recovery and Processing Facilities), or Subchapter H of this chapter (relating
to Licensing Requirements for Near-Surface Land Disposal of Radioactive Waste);
or
(2)
the holder of a fixed nuclear facility construction
permit or operating license issued by the United States Nuclear Regulatory
Commission under 10 CFR Part 50 (relating to Domestic Licensing of Production
and Utilization Facilities); or
(3)
the operator of any other fixed nuclear facility.
§336.102.Definitions.
Terms used in this subchapter are defined in §336.2 of this title
(relating to Definitions). Additional terms used in this subchapter have
the following definitions:
Emergency response
-The application of those capabilities necessary
for the protection of the public and the environment from the effects of
an accidental or uncontrolled release of radioactive materials, including
the equipping, training, and periodic retraining of response personnel.
Fixed nuclear facility
-
(A)
Any nuclear reactor(s) at a single site;
(B)
Any facility designed or used for the assembly or
disassembly of nuclear weapons; or
(C)
Any other facility using special nuclear material
for which emergency response activities, including training, are conducted
to protect the public health and safety or the environment.
Post-closure
-The period of time following completion of closure
of a uranium mill tailings impoundment or byproduct material disposal site
by a licensee under Subchapter G of this chapter (relating to Licensing Requirements
for Source Material (Uranium or Thorium) Recovery and Processing Facilities)
and before transfer of land ownership to the State or the United States government
and termination of the license.
§336.103.Schedule of Fees for Subchapter H Licenses.
(a)
An application for a radioactive waste disposal site license
under Subchapter H of this chapter (relating to Licensing Requirements for
Near-Surface Land Disposal of Radioactive Waste) shall be accompanied by
an application fee of $415,000. The application fee covers the cost of processing
of the application. The applicant may pay the application fee in two equal
installments. The first payment shall be made upon submission of the application,
and the balance shall be paid no more than 12 months later.
(b)
An applicant shall submit an annual fee for the actual
costs incurred by the commission for hearings associated with an application
for a radioactive waste disposal site under Subchapter H of this chapter.
The executive director shall send an invoice for the amount of the costs
incurred during the period September 1 through August 31 of each year. Payment
shall be made within 30 days following the date of the invoice.
(c)
A holder of a license for a radioactive waste disposal
site issued under Subchapter H of this chapter shall submit an annual license
fee for the services received. This fee shall recover for the State the actual
expenses arising from the regulatory activities associated with the license.
This fee shall include reimbursement for the salary and other expenses of
a resident inspector as provided by §336.743 of this title (relating
to Resident Inspector). The executive director shall send an invoice for
the amount of the costs incurred during the period September 1 through August
31 of each year. Payment shall be made within 30 days following the date
of the invoice.
§336.104.Schedule of Fees for Subchapter G Licenses.
(a)
Application fees. Each application for a license under
Subchapter G of this chapter (relating to Licensing Requirements for Source
Material (Uranium or Thorium) Recovery and Processing Facilities) shall be
accompanied by an application fee, as follows:
(1)
conventional uranium mill with tailings disposal facility:
$306,780;
(2)
in situ uranium mining and processing facility: $180,500;
(3)
heap leach facility: $183,450;
(4)
facility only for disposal of byproduct material,
as defined in §336.2, subparagraph (B), of this title (relating to Definitions):
$227,335; or
(5)
disposal facility for NORM waste, excluding oil and
gas NORM waste: $227,335.
(b)
Annual license fees. An annual fee of $54,846 shall be
paid for each license issued under Subchapter G of this chapter including:
(1)
conventional uranium mill with tailings disposal facility,
in post-closure;
(2)
conventional uranium mill with tailings disposal facility,
during reclamation;
(3)
in situ uranium mining and processing facility, operational;
(4)
in situ uranium mining and processing facility, during
reclamation; and
(5)
facility only for disposal of byproduct material,
operational.
(c)
Adjustments to annual license fees. A licensee that is
authorized under Subchapter G of this chapter to conduct disposal (including
processing, if applicable) of byproduct material, as defined in §336.2,
subparagraph (B), of this title (relating to Definitions), from others shall
pay an additional annual fee of $23,000, along with the fee specified in
subsection (b) of this section, except for facilities licensed for disposal
only.
(d)
Fees for certain amendment requests.
(1)
An application for amendment of a license issued under
Subchapter G of this chapter shall be accompanied by an amendment application
fee as set forth in this subsection for amendment requests involving:
(A)
addition of an in situ mining well field or expansion
of an existing well field: $25,765;
(B)
addition of waste fluid disposal by irrigation or surface
discharge: $6,175;
(C)
addition of a satellite recovery system (e.g., lixiviant-stripping
ion-exchange unit): $64,415;
(D)
addition of a non-vacuum dryer (i.e., a dryer operating
at or above atmospheric pressure): $45,630; or
(E)
addition of disposal (including processing, if applicable)
of byproduct material, as defined in §336.2, subparagraph (B), of this
title (relating to Definitions) from others: $64,415.
(2)
For a facility listed in paragraph (1) of this
subsection to be added to a license by means of a license amendment, the
facility shall conform to the requirements of §336.606(b) of this title
(relating to Issuance of License). If a proposed facility does not conform
to the requirements of §336.606(b) of this title, an application for
a separate license may be required.
(e)
Fees for certain other requests. The fee for a request
for release for unrestricted use of a subsite or a portion of a licensed
area and a request for agency confirmation of work performed for those areas,
shall be the actual costs of confirmatory work performed where the work is
to be contracted out to a third party.
§336.105.Schedule of Fees for Subchapter F Licenses.
(a)
Application fee. Each application for a license under Subchapter
F of this chapter (relating to Licensing of Alternative Methods of Disposal
of Radioactive Material) shall be accompanied by an application fee as follows:
(1)
facility at which active disposal operations have ceased:
$10,000; or
(2)
proposed facility with active disposal operations:
$20,000.
(b)
Annual license fees. An annual license fee shall be paid
for each license issued under Subchapter F of this chapter. The amount of
each annual fee shall be as follows:
(1)
licensed facility at which active disposal operations have
ceased: $8,400; or
(2)
licensed facility with active disposal operations:
$28,900.
(c)
Fees for certain amendment requests. An application for
amendment of a license issued under Subchapter F of this chapter shall be
accompanied by an application fee as set forth in this subsection if the
amendment involves expansion of previously authorized disposal facilities
or addition of disposal facilities. The amount of the amendment application
fee shall be $10,000.
§336.106.Annual Fees for Emergency Response Activities, Including Training.
Each holder of a fixed nuclear facility construction permit or operating
license issued by the United States Nuclear Regulatory Commission or an operator
of any other fixed nuclear facility shall submit an annual fee for the services
received. This fee shall recover for the State the actual expenses arising
from emergency response activities, including training. Costs of activities
benefiting more than one facility shall be prorated. The executive director
shall send an invoice after completion of emergency response activities held
before August 31 of each year. Payment shall be made within 30 days following
the date of the invoice.
§336.107.Annual License Fee Due Date and Period Covered.
(a)
Payment for annual fees set forth in §336.104(b) and
(c) of this title (relating to Schedule of Fees for Subchapter G Licenses)
and §336.105(b) of this title (relating to Schedule of Fees for Subchapter
F Licenses) shall be due in full each year on or before the last day of the
expiration month of the license. As an example, if the license expires on
May 31, 1999, annual fees are due on or before May 31 of each year.
(b)
The period covered by each annual fee set forth in §336.104(b)
and (c) of this title and §336.105(b) of this title shall be the 12
months preceding the fee payment due date.
§336.108.Proration of Annual Fee Adjustments.
If issuance of a license amendment results in an adjustment to the
annual license fee under §336.104(c) of this title (relating to Schedule
of Fees for Subchapter G Licenses), the additional fee amount specified in
§336.104(c) of this title shall be prorated based on the number of months
the amendment is effective out of the 12-month period covered by the annual
fee, including the month the amendment is issued. As an example, if a license
amendment resulting in adjustment of an annual fee is issued on April 10
and the next annual fee is due on or before September 30, then 6/12 of the
additional fee amount specified in §336.104(c) of this title shall be
paid, along with the full amount of the applicable annual fee.
§336.109.Fees after Request for Termination of License.
(a)
If a licensee requests termination of a license, the amount
of the annual fee due on the next fee payment due date may be prorated based
on the number of months completed through the month of the termination request
out of the 12-month period covered by the annual fee. As an example, if a
licensee requests termination of a license on August 20 and the next annual
fee is due on or before November 30, the annual fee for that year may be
prorated as 9/12 of the applicable fee amount. After the next annual fee
due date, the annual fee may be waived pending the final determination on
the termination request. The annual fee may be prorated or waived as provided
in this subsection if the executive director has reasonable basis to find,
from information provided by the licensee, that the licensee has satisfied
the applicable requirements for decommissioning and closure. If the executive
director has insufficient information or finds that the licensee has not
satisfied the requirements for decommissioning and closure, the annual fee
shall not be prorated or waived and shall be the full amount.
(b)
If an annual fee has been prorated or waived under subsection
(a) of this section and the executive director later determines, before making
the final determination on the request for termination, that the licensee
has not met the decommissioning and closure requirements, then any amount
of annual fees not paid due to proration or waiving shall be payable immediately
upon notice to the licensee.
(c)
The commission may not terminate a license for which the
licensee has not paid any outstanding fees prescribed by this subchapter
until the fees are paid.
§336.110.Nonrefundable Fees.
(a)
Fee payments set forth in this subchapter are not refundable,
except as provided in subsection (b) of this section. Fee payments for applications
or amendment applications as set forth in this subchapter shall be charged
irrespective of the commission's disposition of the application or a withdrawal
of the application by the applicant.
(b)
If the executive director determines that a license application
or an amendment application is not administratively complete, the application
and any accompanying application fee may be returned to the applicant.
§336.111.Method of Payment of Fees.
Fee payments prescribed by this subchapter shall be made in cash or
by check or money order made payable to the Texas Natural Resource Conservation
Commission. The payments may be made by personal delivery to the Financial
Administration Cashier Office, MC 181, Texas Natural Resource Conservation
Commission, in Austin, Texas, or mailed to the Texas Natural Resource Conservation
Commission, P.O. Box 13088, Austin, Texas 78711-3088.
§336.112.Failure to Pay Prescribed Application Fees.
In any case where an applicant for a license or a license amendment
has failed to pay the application fee or amendment application fee prescribed
in this subchapter, the executive director shall not process that application
until this fee is paid in full. If the applicable fee is not paid in full,
the executive director may find that the application or amendment application
is not administratively complete and may return the application to the applicant.
§336.113.Failure to Pay Prescribed Annual Fees.
(a)
In any case where the executive director finds that a licensee
has failed to pay a fee prescribed by this subchapter by the due date, the
licensee shall be assessed a penalty of 5% of the amount due. If the fees
are not paid within 30 days after the due date, an additional 5% penalty
shall be imposed. An annual interest rate of 12% shall be imposed on delinquent
fees beginning 60 days from the due date.
(b)
In any case where the executive director finds that a licensee
has failed to pay a fee prescribed by this subchapter by the due date, the
executive director may implement compliance procedures.
(c)
In any case where the executive director finds that a fixed
nuclear facility has failed to pay fees for emergency response activities,
including training, within 90 days following the date of the invoice, the
executive director may recommend and the commission may issue an order to
show cause why those services should not be terminated.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618528
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: February 3, 1997
For further information, please call: (512) 239-6087
30 TAC §§336.201, 335.203, 336.205. 336.207, 336.209-336.211, 336.213, 336.215, 336.217, 336.219
These new sections are proposed under the Texas Radiation
Control Act (TRCA), Texas Health and Safety Code §§401.011, 401.051,
and 401.412, and Texas Water Code §5.103, which give the Texas Natural
Resource Conservation Commission authority to adopt rules necessary to carry
out its responsibilities to regulate the disposal of radioactive substances
and the recovery and processing of source material.
These new sections implement Texas Health and Safety Code Chapter 401.
§336.201.Additional Application Requirements.
(a)
Unless otherwise specified, an application for a license
under this chapter shall be filed and processed according to the rules of
the commission. Information provided by an applicant for a license shall
be complete and accurate.
(b)
An application for a license may include a request for
a license authorizing one or more activities provided the application specifies
the additional activities for which licenses are requested and complies with
commission rules as to applications for those licenses. The commission may
require the issuance of separate specific licenses for those activities.
(c)
The commission or executive director may at any time after
the filing of the original application, and before the expiration of the
license, require further statements or data to enable the commission to determine
whether the application should be granted or denied or whether a license
should be modified or revoked.
§336.203.Environmental Analysis.
(a)
When the executive director is considering an application
under Subchapter G of this chapter (relating Licensing Requirements for Source
Material (Uranium or Thorium) Recovery and Processing Facilities) and determines
that the licensed activity may have a significant impact on the human environment,
the executive director shall prepare or have prepared a written environmental
analysis.
(b)
When the executive director is considering an application
under Subchapter H of this chapter (relating to Licensing Requirements for
Near-Surface Land Disposal of Radioactive Waste) and determines that the
licensed activity may have a significant effect on the human environment,
the executive director shall prepare or have prepared a written analysis
of the effect on the environment.
(c)
An environmental analysis, if prepared, shall be included
as part of the record of the commission's proceedings.
§336.205.Transfer of Radioactive Material.
(a)
The licensee shall not transfer source material, byproduct
material, or other licensed radioactive material except as authorized under
the rules in this subchapter.
(b)
Except as otherwise provided in the license and subject
to the provisions of subsections (c) and (d) of this section, a licensee
may transfer source material, byproduct material, or other licensed radioactive
material:
(1)
to the executive director (A licensee may transfer material
to the executive director only after receiving prior approval from the executive
director. If the material to be transferred is special nuclear material,
the quantity must not be sufficient to form a critical mass.);
(2)
to the United States Department of Energy;
(3)
to any person exempt from the licensing requirements
of the TRCA and the rules in this chapter or exempt from the licensing requirements
of the United States Nuclear Regulatory Commission or an Agreement State,
to the extent permitted by these exemptions;
(4)
to any person authorized to receive this material
under terms of a specific license or a general license or its equivalent
issued by the commission, the Texas Department of Health, the United States
Nuclear Regulatory Commission, or any Agreement State or to any person otherwise
authorized to receive this material by the federal government or any agency
thereof, the commission, the Texas Department of Health, or any Agreement
State; or
(5)
as otherwise authorized by the commission in writing.
(c)
Before transferring source material, byproduct material,
or other radioactive material to a specific licensee of the commission, the
Texas Department of Health, the United States Nuclear Regulatory Commission,
or an Agreement State or to a general licensee who is required to register
with the Texas Department of Health, the United States Nuclear Regulatory
Commission, or an Agreement State prior to receipt of the source material,
byproduct material, or other radioactive material, the licensee transferring
the material shall verify that the transferee's license authorizes the receipt
of the type, form, and quantity of radioactive material to be transferred.
(d)
The following methods for the verification required by
subsection (c) of this section are acceptable:
(1)
The transferor may possess and have read a current copy
of the transferee's specific license or certificate of registration;
(2)
The transferor may possess a written certification
by the transferee that the transferee is authorized by the license or certificate
of registration to receive the type, form, and quantity of radioactive material
to be transferred, specifying the license or certificate of registration
number, issuing agency, and expiration date;
(3)
For emergency shipments, the transferor may accept
oral certification by the transferee that the transferee is authorized by
license or certificate of registration to receive the type, form, and quantity
of radioactive material to be transferred, specifying the license or certificate
of registration number, issuing agency, and expiration date, provided that
the oral certification is confirmed in writing within 10 days;
(4)
The transferor may obtain other sources of information
compiled by a reporting service from official records of the commission,
the Texas Department of Health, the United States Nuclear Regulatory Commission,
or an Agreement State as to the identity of licensees and registrants and
the scope and expiration dates of licenses and registrations; or
(5)
When none of the methods of verification described
in paragraphs (1)-(4) of this subsection are readily available or when a
transferor desires to verify that information received by one of these methods
is correct or up-to-date, the transferor may obtain and record confirmation
from the commission, the Texas Department of Health, the United States Nuclear
Regulatory Commission, or an Agreement State that the transferee is licensed
to receive the source material, byproduct material, or other radioactive
material.
(e)
Transportation of radioactive material may also be subject
to applicable rules of the United States Department of Transportation, United
States Postal Service, United States Nuclear Regulatory Commission, or Texas
Department of Health.
(f)
The licensee shall keep records showing the transfer of
any source material, byproduct material, or other radioactive material.
§336.207.Preparation of Radioactive Material for Transport.
(a)
No licensee may deliver any source material, byproduct
material, or other licensed radioactive material to a carrier for transport,
unless:
(1)
The licensee complies with the applicable requirements
of the rules, appropriate to the mode of transport, of the United States
Department of Transportation insofar as those rules relate to the packing
of radioactive material and to the monitoring, marking, and labeling of those
packages or containers;
(2)
The licensee has established procedures for opening
and closing packages and containers in which radioactive material is transported
to provide safety and to assure that, prior to the delivery to a carrier
for transport, each package or container is properly closed for transport;
and
(3)
Prior to delivery of a package or container to a carrier
for transport, the licensee shall assure that any special instructions needed
to safely open the package or container are sent to or have been made available
to the consignee.
(b)
For the purpose of subsection (a) of this section, licensees
who transport their own licensed material as private carriers are considered
to have delivered the material to a carrier for transport.
§336.209.Records and Reports.
(a)
Each licensee shall maintain records showing the receipt,
transfer, and disposal of all source material, byproduct material, or other
licensed radioactive material. Each licensee shall also maintain any records
and make any reports as may be required by the conditions of the license,
by the rules in this chapter, or by orders of the commission. Copies of any
records or reports required by the license, rules, or orders shall be submitted
to the executive director or commission on request. All records and reports
required by the license, rules, or orders shall be complete and accurate.
(b)
The licensee shall retain each record that is required
by the rules in this chapter or by license conditions for the period specified
by the appropriate rule or license condition. If a retention period is not
otherwise specified, each record shall be maintained until the commission
terminates each pertinent license requiring the record.
(c)
If there is a conflict between the commission's rules,
license condition, or other written approval or authorization from the executive
director pertaining to the retention period for the same type of record,
the longest retention period specified takes precedence.
(d)
Each record required by this chapter shall be legible throughout
the specified retention period. The record shall be the original or a reproduced
copy or a microform, provided that the copy or microform is authenticated
by authorized personnel and that the microform is capable of producing a
clear copy throughout the required retention period. The record may also
be stored in electronic media with the capability for producing legible,
accurate, and complete records during the required retention period. Records,
such as letters, drawings, and specifications, shall include all pertinent
information, such as stamps, initials, and signatures. The licensee shall
maintain adequate safeguards against tampering with and loss of records.
(e)
For licenses issued under Subchapter G of this chapter
(relating to Licensing Requirements for Source Material (Uranium or Thorium)
Recovery and Processing Facilities), each licensee shall submit a report
to the executive director within 60 days after January 1 and July 1 of each
year specifying the quantity of each of the principal radionuclides released
to unrestricted areas in liquid and in gaseous effluents during the previous
6 months of operation, and other information the executive director may require
to estimate maximum potential annual radiation doses to the public resulting
from effluent releases. If quantities of radioactive materials released during
the reporting period are significantly above the licensee's design objectives
previously reviewed as part of the licensing action, the report shall cover
this specifically. On the basis of those reports and any additional information
the executive director may obtain from the licensee or others, the executive
director or commission may from time to time require the licensee to take
such action as the executive director or commission deems appropriate.
(f)
The requirements of this section do not apply to licenses
issued under Subchapter H of this chapter (relating to Licensing Requirements
for Near-Surface Land Disposal of Radioactive Waste).
§336.210.Complaints.
(a)
The executive director shall keep an information file concerning
each complaint filed relating to a person licensed by the commission.
(b)
Written complaints shall be handled by the executive director
in accordance with Health and Safety Code §401.392.
(c)
If a written complaint is filed relating to a license not
covered by subsection (b) of this section, the executive director at least
as frequently as quarterly and until final disposition of the complaint shall
notify parties to the complaint of the status of the complaint unless notice
would jeopardize an undercover investigation.
§336.211.Reporting Requirements for Incidents.
(a)
This subsection sets forth the incident reporting requirements
for licenses issued under Subchapter F of this chapter (relating to Licensing
of Alternative Methods of Disposal of Radioactive Material).
(1)
Immediate report. Each licensee shall notify the executive
director or staff as soon as possible but not later than 4 hours after the
discovery of an event that prevents immediate protective actions necessary
to avoid exposures to radiation or radioactive materials that could exceed
regulatory limits or releases of radioactive materials that could exceed
regulatory limits (e.g., events may include fires, explosions, toxic gas
releases, etc.).
(2)
Twenty-four hour report. Each licensee shall notify
the executive director or staff within 24 hours after the discovery of any
of the following events involving licensed material:
(A)
an unplanned contamination event that:
(i)
requires access to the contaminated area, by workers or
the public, to be restricted for more than 24 hours by imposing additional
radiological controls or by prohibiting entry into the area;
(ii)
involves a quantity of material greater than five times
the lowest annual limit on intake specified in §336.359, Appendix B,
of this title (relating to Annual Limits on Intake (ALI) and Derived Air
Concentrations (DAC) of Radionuclides for Occupational Exposure; Effluent
Concentrations; Concentrations for Release to Sanitary Sewerage); and
(iii)
has access to the area restricted for a reason other
than to allow isotopes with a half-life of less than 24 hours to decay prior
to decontamination;
(B)
an event in which equipment is disabled or fails to function
as designed when:
(i)
the equipment is required by rule or license condition
to prevent releases exceeding regulatory limits, to prevent exposures to
radiation and radioactive materials exceeding regulatory limits, or to mitigate
the consequences of an accident;
(ii)
the equipment is required to be available and operable
when it is disabled or fails to function; and
(iii)
no redundant equipment is available and operable to perform
the required safety function;
(C)
an event that requires unplanned medical treatment at
a medical facility of an individual with spreadable radioactive contamination
on the individual's clothing or body; or
(D)
an unplanned fire or explosion damaging any radioactive
material or any device, container, or equipment containing radioactive material
when:
(i)
the quantity of material involved is greater than five
times the lowest annual limit on intake specified in §336.359, Appendix
B, of this title; and
(ii)
the damage affects the integrity of the radioactive material
or its container.
(3)
Preparation and submission of reports. Reports
made by licensees in response to the requirements of this section must be
made as follows:
(A)
Telephone report. Licensees shall make reports required
by paragraphs (1) and (2) of this subsection by telephone to the executive
director or staff. To the extent that the information is available at the
time of notification, the information provided in these reports must include:
(i)
the caller's name and telephone number;
(ii)
a description of the event, including date and time;
(iii)
the exact location of the event;
(iv)
the isotopes, quantities, and chemical and physical form
of the radioactive material involved; and
(v)
any personnel radiation exposure data available.
(B)
Written report. Each licensee who makes a report required
by paragraphs (1) and (2) of this subsection shall submit a written follow-up
report to the executive director within 30 days of the initial report. Written
reports prepared under other regulations may be submitted to fulfill this
requirement if the reports contain all of the necessary information. These
written reports must be sent to the executive director or staff. The reports
must include the following:
(i)
a description of the event, including the probable cause
and the manufacturer and model number (if applicable) of any equipment that
failed or malfunctioned;
(ii)
the exact location of the event;
(iii)
the isotopes, quantities, and chemical and physical form
of the radioactive material involved;
(iv)
date and time of the event;
(v)
corrective actions taken or planned and the results of
any evaluations or assessments; and
(vi)
the extent of exposure of individuals to radiation or
to radioactive materials without identification of individuals by name.
(b)
This subsection sets forth the incident reporting requirements
for licenses issued under Subchapter G of this chapter (relating to Licensing
Requirements for Source Material (Uranium or Thorium) Recovery and Processing
Facilities).
(1)
Immediate report. Each licensee shall notify the executive
director or staff as soon as possible but not later than 4 hours after the
discovery of:
(A)
any failure in a tailings or waste retention system which
results in a release of tailings or waste into unrestricted areas or of any
unusual conditions which if not corrected could indicate the potential for
or lead to failure of the system and result in a release of tailings or waste
into unrestricted areas;
(B)
any release of radioactive material which exceeds the
concentrations for water listed in §336.359, Appendix B, Table II, Column
2, of this title and which extends beyond the licensed boundary;
(C)
any spill which exceeds 20,000 gallons and which exceeds
the concentrations for water listed in §336.359, Appendix B, Table II,
Column 2, of this title;
(D)
any release of solids which exceeds the contamination
limits in §336.356 of this title (relating to Soil and Vegetation Contamination
Limits) and which extends beyond the licensed boundary; or
(E)
an event that prevents immediate protective actions necessary
to avoid exposures to radiation or radioactive materials that could exceed
regulatory limits or releases of licensed materials that could exceed regulatory
limits (e.g., events may include fires, explosions, toxic gas releases, etc.).
(2)
Twenty-four hour report. Each licensee shall
notify the executive director or staff within 24 hours after the discovery
of any of the following events involving licensed material:
(A)
any spill that extends:
(i)
beyond the wellfield monitor well ring;
(ii)
more than 400 feet from an injection or production well
pipe artery to or from a recovery plant; or
(iii)
more than 200 feet from a recovery plant;
(B)
any spill which exceeds 2,000 gallons and which exceeds
the concentrations for water listed in §336.359, Appendix B, Table II,
Column 2, of this title;
(C)
an unplanned contamination event that:
(i)
requires access to the contaminated area, by workers or
the public, to be restricted for more than 24 hours by imposing additional
radiological controls or by prohibiting entry into the area;
(ii)
involves a quantity of material greater than five times
the lowest annual limit on intake specified in §336.359, Appendix B,
of this title; and
(iii)
has access to the area restricted for a reason other
than to allow isotopes with a half-life of less than 24 hours to decay prior
to decontamination;
(D)
an event in which equipment is disabled or fails to function
as designed when:
(i)
the equipment is required by rule or license condition
to prevent releases exceeding regulatory limits, to prevent exposures to
radiation and radioactive materials exceeding regulatory limits, or to mitigate
the consequences of an accident;
(ii)
the equipment is required to be available and operable
when it is disabled or fails to function; and
(iii)
no redundant equipment is available and operable to perform
the required safety function;
(E)
an event that requires unplanned medical treatment at
a medical facility of an individual with spreadable radioactive contamination
on the individual's clothing or body; or
(F)
an unplanned fire or explosion damaging any licensed material
or any device, container, or equipment containing licensed material when:
(i)
the quantity of material involved is greater than five
times the lowest annual limit on intake specified in §336.359, Appendix
B, of this title; and
(ii)
the damage affects the integrity of the licensed material
or its container.
(3)
Preparation and submission of reports. Reports
made by licensees in response to the requirements of this section must be
made as follows:
(A)
Telephone report. Licensees shall make reports required
by paragraphs (1) and (2) of this subsection by telephone to the executive
director or staff. To the extent that the information is available at the
time of notification, the information provided in these reports must include:
(i)
the caller's name and telephone number;
(ii)
a description of the event, including date and time;
(iii)
the exact location of the event;
(iv)
the isotopes, quantities, and chemical and physical form
of the licensed material involved; and
(v)
any personnel radiation exposure data available.
(B)
Written report. Each licensee who makes a report required
by paragraphs (1) and (2) of this subsection shall submit a written follow-up
report to the executive director within 30 days of the initial report. Written
reports prepared under other regulations may be submitted to fulfill this
requirement if the reports contain all of the necessary information. The
reports must include the following:
(i)
a description of the event, including the probable cause
and the manufacturer and model number (if applicable) of any equipment that
failed or malfunctioned;
(ii)
the exact location of the event;
(iii)
the isotopes, quantities, and chemical and physical form
of the licensed material involved;
(iv)
date and time of the event;
(v)
corrective actions taken or planned and the results of
any evaluations or assessments; and
(vi)
the extent of exposure of individuals to radiation or
to radioactive materials without identification of individuals by name.
§336.213.Tests.
(a)
Each licensee shall perform, upon instructions from the
executive director, or shall permit the executive director to perform such
reasonable tests as the executive director deems appropriate or necessary
for the administration of the rules in this chapter, including, but not limited
to, tests of:
(1)
source material, byproduct material, or other licensed
radioactive material;
(2)
facilities where these materials are used, stored,
or disposed;
(3)
radiation detection and monitoring instruments; and
(4)
other equipment and devices used in connection with
utilization, storage, or disposal of source material, byproduct material,
or other licensed radioactive material.
(b)
The requirements of this section do not apply to licenses
issued under Subchapter H of this chapter (relating to Licensing Requirements
for Near-Surface Land Disposal of Radioactive Waste).
§336.215.Inspections.
(a)
Each licensee shall afford the executive director, at all
reasonable times, opportunity to inspect source material, byproduct material,
or other licensed radioactive material, and the premises and facilities where
these materials are used, stored, or disposed.
(b)
Each licensee shall make available to the executive director
for inspection, upon reasonable notice, records or reports maintained under
the rules of this chapter, the conditions of the license, or orders of the
commission. Authorized representatives of the executive director may copy
and take away copies of, for the executive director's use, any record or
report required to be kept under the rules of this chapter, the conditions
of the license, or orders of the commission.
(c)
The requirements of this section do not apply to licenses
issued under Subchapter H of this chapter (relating to Licensing Requirements
for Near-Surface Land Disposal of Radioactive Waste).
§336.217.Expiration and Termination of Licenses and Decommissioning of Sites and Separate Buildings or Outdoor Areas.
(a)
Each license expires at the end of the day on the expiration
date stated in the license unless the licensee has filed an application for
renewal in accordance with the application requirements specified in the
appropriate subchapter of this chapter not less than 30 days before the expiration
date stated in the existing license. If an application for renewal in proper
form has been filed at least 30 days prior to the expiration date stated
in the existing license, the existing license shall not expire until the
application has been finally determined by the commission. The existing license
expires at the end of the day on which the commission makes a final determination
to deny the renewal application or, if the determination states an expiration
date, the expiration date stated in the determination.
(b)
Each license revoked by the commission expires at the end
of the day on the date of the commission's final determination to revoke
the license, or on the expiration date stated in the determination, or as
otherwise provided by commission order.
(c)
Each license continues in effect, beyond the expiration
date if necessary, with respect to possession of source material, byproduct
material, or other radioactive material until the commission notifies the
licensee in writing that the license is terminated. During this time, the
licensee shall:
(1)
limit actions involving source material, byproduct material,
or other radioactive material to those related to decommissioning; and
(2)
continue to control entry to restricted areas until
they are suitable for release in accordance with commission requirements.
(d)
Within 60 days of the occurrence of any of the following,
each licensee shall provide written notification to the executive director:
(1)
The license has expired under subsection (a) or (b) of
this section; or
(2)
The licensee has decided to permanently cease principal
activities at the entire site or in any separate building or outdoor area
that contains residual radioactivity such that the building or outdoor area
is unsuitable for release in accordance with commission requirements; or
(3)
No principal activities under the license have been
conducted for a period of 24 months; or
(4)
No principal activities have been conducted for a
period of 24 months in any separate building or outdoor area that contains
residual radioactivity such that the building or outdoor area is unsuitable
for release in accordance with commission requirements.
(e)
The licensee shall either:
(1)
begin, within 60 days of the occurrence for which notification
is required by subsection (d) of this section, decommissioning its site,
or any separate building or outdoor area that contains residual radioactivity
so that the building or outdoor area is suitable for release in accordance
with commission requirements; or
(2)
submit to the executive director, within 12 months
of the notification required by subsection (d) of this section, a decommissioning
plan, if required by subsection (h)(1) of this section, and begin decommissioning
upon approval of that plan by the commission by license amendment.
(f)
The licensee shall follow a commission-approved closure
plan for decontamination, decommissioning, restoration, and reclamation of
buildings and the site.
(1)
For licenses issued under Subchapter F of this chapter
(relating to Licensing of Alternative Methods of Disposal of Radioactive
Material), coincident with the notification required by subsection (d) of
this section, the licensee shall maintain in effect all decommissioning financial
assurances established by the licensee under §336.514 of this title
(relating to Financial Assurance and Recordkeeping for Decommissioning) in
conjunction with a license issuance or renewal or as required by this section.
The amount of the financial assurance must be increased, or may be decreased,
as appropriate, to cover the detailed cost estimate for decommissioning established
under subsection (h)(4)(E) of this section. Any licensee who has not provided
financial assurance to cover the detailed cost estimate submitted with the
decommissioning plan shall do so on or before January 1, 1998. Following
approval of the decommissioning plan, a licensee may reduce the amount of
the financial assurance as decommissioning proceeds and radiological contamination
is reduced at the site with the approval of the executive director.
(2)
For licenses under Subchapter G of this chapter (relating
to Licensing Requirements for Source Material (Uranium or Thorium) Recovery
and Processing Facilities), in addition to the provisions of subsection (e)
of this section, each licensee shall submit an updated closure plan to the
executive director within 12 months of the notification required by subsection
(d) of this section. The updated closure plan shall meet the requirements
of §336.605(5) of this title (relating to Special Requirements for Issuance
of a License) and §336.627 of this title (relating to Financial Assurance
Requirements). The updated closure plan shall describe the actual conditions
of the facilities and site and the proposed closure activities and procedures.
(3)
For licenses under Subchapter G of this chapter, if
a detailed decommissioning plan is required under subsection (h)(1) of this
section, it may be included in the closure plan required by paragraph (2)
of this subsection. The detailed reclamation plan for tailings and waste
disposal sites which is required by §336.622 of this title (relating
to Closure Completion Milestones and Schedule) may be submitted separately
or incorporated into the closure plan required by paragraph (2) of this subsection.
The proposed closure plan required by paragraph (2) of this subsection may
be approved by the commission by license amendment.
(g)
The executive director may grant in writing a request to
extend the time periods established in subsections (d) and (e) of this section,
or to delay or postpone the decommissioning process, if the executive director
determines that this relief is not detrimental to the public health and safety
and is otherwise in the public interest. The request must be submitted no
later than 30 days before notification under subsection (d) of this section.
The schedule for decommissioning set forth in subsection (e) of this section
may not commence until the executive director has made a determination on
the request.
(h)
Decommissioning planning is required, as applicable.
(1)
A decommissioning plan must be submitted if required by
license condition or if the procedures and activities necessary to carry
out decommissioning of the site or separate building or outdoor area have
not been previously approved by the commission and these procedures could
increase potential health and safety impacts to workers or to the public,
such as in any of the following cases:
(A)
Procedures would involve techniques not applied routinely
during cleanup or maintenance operations;
(B)
Workers would be entering areas not normally occupied
where surface contamination and radiation levels are significantly higher
than routinely encountered during operation;
(C)
Procedures could result in significantly greater airborne
concentrations of radioactive materials than are present during operation;
or
(D)
Procedures could result in significantly greater releases
of radioactive material to the environment than those associated with operation.
(2)
The executive director may approve an alternate
schedule for submittal of a decommissioning plan required under subsection
(e)(2) of this section if the executive director determines that the alternative
schedule is necessary to the effective conduct of decommissioning operations
and presents no undue risk from radiation to the public health and safety
and is otherwise in the public interest.
(3)
The procedures listed in paragraph (1) of this subsection
may not be carried out prior to approval of the decommissioning plan by the
commission by license amendment.
(4)
The proposed decommissioning plan for the site or
separate building or outdoor area shall include:
(A)
a description of the conditions of the site or separate
building or outdoor area sufficient to evaluate the acceptability of the
plan;
(B)
a description of planned decommissioning activities;
(C)
a description of methods used to ensure protection of
workers and the environment against radiation hazards during decommissioning;
(D)
a description of the planned final radiation survey;
(E)
an updated detailed cost estimate for decommissioning,
comparison of that estimate with present funds set aside for decommissioning,
and a plan for assuring the availability of adequate funds for completion
of decommissioning; and
(F)
for decommissioning plans calling for completion of decommissioning
later than 24 months after plan approval, a justification for the delay based
on the criteria in subsection (j) of this section.
(5)
The proposed decommissioning plan may be approved
by the commission by license amendment if the information demonstrates that
the decommissioning will be completed as soon as practicable and that the
health and safety of workers and the public will be protected.
(i)
Decommissioning must be completed in a timely fashion.
(1)
Except as provided in subsection (j) of this section, the
licensee shall complete decommissioning of the site or separate building
or outdoor area as soon as practicable but no later than 24 months following
the initiation of decommissioning.
(2)
Except as provided in subsection (j) of this section,
when decommissioning involves the entire site, the licensee shall request
license termination as the final step in decommissioning, which shall be
as soon as practicable but no later than 24 months following the initiation
of decommissioning.
(j)
The commission may approve by license amendment a request
for an alternate schedule for completion of decommissioning of the site or
separate building or outdoor area, and license termination if appropriate,
if the commission determines that the alternative is warranted by consideration
of the following:
(1)
whether it is technically feasible to complete decommissioning
within the allotted 24-month period;
(2)
whether sufficient waste disposal capacity is available
to allow completion of decommissioning within the allotted 24-month period;
(3)
whether a significant volume reduction in wastes requiring
disposal will be achieved by allowing short-lived radionuclides to decay;
(4)
whether a significant reduction in radiation exposure
to workers can be achieved by allowing short-lived radionuclides to decay;
and
(5)
other site-specific factors which the commission may
consider appropriate on a case-by-case basis, such as the regulatory requirements
of other government agencies, lawsuits, groundwater treatment activities,
monitored natural groundwater restoration, actions that could result in more
environmental harm than deferred cleanup, and other factors beyond the control
of the licensee.
(k)
As the final steps in decommissioning, the licensee shall:
(1)
certify the disposition of all licensed material, including
accumulated wastes;
(2)
conduct a radiation survey of the premises where the
licensed activities were carried out and submit a report of the results of
this survey unless the licensee demonstrates that the premises are suitable
for release in some other manner. The licensee shall as appropriate:
(A)
report levels of gamma radiation in units of microroentgens
(millisieverts) per hour at 1 meter from surfaces, and report levels of radioactivity
(removable and fixed), including alpha and beta, in units of disintegrations
per minute or microcuries (megabecquerels) per 100 square centimeters for
surfaces, microcuries (megabecquerels) per milliliter for water, and picocuries
(becquerels) per gram for solids such as soils or concrete; and
(B)
specify the survey instrument(s) used and certify that
each instrument is properly calibrated and tested; and
(3)
Submit a request for license termination, which
includes, but is not limited to, the information required by paragraphs (1)
and (2) of this subsection.
(l)
Licenses, including expired licenses, will be terminated
by the commission by written notice to the licensee when the executive director
determines that:
(1)
Source material, byproduct material, and other radioactive
material has been properly disposed;
(2)
Reasonable effort has been made to eliminate residual
radioactive contamination, if present;
(3)
The site is suitable for release.
(A)
A radiation survey has been performed which demonstrates
that the premises are suitable for release in accordance with commission
requirements; or
(B)
Other information submitted by the licensee is sufficient
to demonstrate that the premises are suitable for release in accordance with
commission requirements;
(4)
The licensee has paid any outstanding fees required
by Subchapter B of this chapter (relating to Radioactive Substance Fees)
and has resolved any outstanding notice(s) of violation issued to the licensee;
(5)
For licenses under Subchapter G of this chapter (relating
to Licensing Requirements for Source Material (Uranium or Thorium) Recovery
and Processing Facilities), the licensee has met the applicable technical
and other requirements for closure and reclamation of a tailings or waste
disposal site; and
(6)
For licenses under Subchapter G of this chapter, the
United States Nuclear Regulatory Commission has made a determination that
all applicable standards and requirements have been met.
(m)
For licenses under Subchapter G of this chapter, licenses
for uranium or thorium milling are exempt from subsections (d)(4), (h)(4),
and (i) of this section with respect to reclamation of tailings impoundments
and/or waste disposal areas. Timely reclamation plans for tailings and byproduct
material disposal areas must be submitted and approved in accordance with
§336.622 of this title (relating to Closure Completion Milestones and
Schedules).
(n)
The requirements of this section do not apply to licenses
issued under Subchapter H of this chapter (relating to Licensing Requirements
for Near-Surface Land Disposal of Radioactive Waste).
(o)
A licensee may request that a subsite or a portion of a
licensed area be released for unrestricted use before full license termination
as long as release of the area of concern will not adversely impact the remaining
unaffected areas and will not be recontaminated by ongoing authorized activities.
When the licensee is confident that the area of concern will be acceptable
to the state for release for unrestricted use, a written request for release
for unrestricted use and agency confirmation of close-out work performed
must be submitted to the executive director. The request should include a
comprehensive report, accompanied by survey and sample results which show
contamination is less than the limits specified in §336.356 of this
title (relating to Soil and Vegetation Contamination Limits), and an explanation
of how ongoing authorized activities will not adversely affect the area proposed
to be released. Upon confirmation by the executive director that the area
of concern is indeed releasable for unrestricted use, the licensee may apply
for a license amendment, if required.
§336.219.Notice of Bankruptcy.
(a)
Each licensee shall notify the executive director, in writing,
immediately following the filing of a voluntary or involuntary petition for
bankruptcy under any chapter of Title 11 (Bankruptcy) of the United States
Code (11 U.S.C.) by or against:
(1)
the licensee;
(2)
an entity (as that term is defined in 11 U.S.C. 101(14))
controlling the licensee or listing the license or licensee as property of
the estate; or
(3)
an affiliate (as that term is defined in 11 U.S.C.
101(2)) of the licensee.
(b)
This notification must indicate:
(1)
the bankruptcy court in which the petition for bankruptcy
was filed; and
(2)
the date of filing of the petition.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618529
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 239-6087
30 TAC §§336.301-336.368
These new sections are proposed under the Texas Radiation
Control Act (TRCA), Texas Health and Safety Code, §§401.011, 401.051,
and 401.412, and Texas Water Code, §5.103, which give the Texas Natural
Resource Conservation Commission authority to adopt rules necessary to carry
out its responsibilities to regulate the disposal of radioactive substances
and the recovery and processing of source material.
These new sections implement Texas Health and Safety Code, Chapter 401.
§336.301.Purpose and Scope.
(a)
This subchapter establishes standards for protection against
ionizing radiation resulting from activities conducted under licenses issued
by the commission.
(b)
The rules in this subchapter are designed to control the
receipt, possession, use, transfer, and disposal of licensed radioactive
material by any commission licensee so that the total dose to an individual,
including doses resulting from licensed and unlicensed radioactive material
and from radiation sources other than background radiation, does not exceed
the standards for protection against radiation prescribed in this subchapter.
However, nothing in this subchapter shall be construed as limiting actions
that may be necessary to protect health and safety.
(c)
Except as specifically provided in other parts of this
chapter, this subchapter applies to persons licensed by the commission to
receive, possess, use, transfer, or dispose of radioactive material. The
limits in this subchapter do not apply to doses due to background radiation,
to exposure of patients to radiation for the purpose of medical diagnosis
or therapy, or to voluntary participation in medical research programs.
§336.302.Definitions.
Terms used in this subchapter are defined in §336.2 of this title
(relating to Definitions). Additional terms used in this subchapter and in
§336.363, Appendix F, of this title (relating to Requirements for Receipt
of Low-Level Radioactive Waste for Disposal at Licensed Land Disposal Facilities
and Manifests) are given in that section.
§336.303.Implementation.
(a)
The applicable section of this subchapter must be used
in lieu of requirements in the standards for protection against radiation
in effect before January 1, 1994, that are cited in license conditions, except
as specified in subsections (b), (c), and (d) of this section. If the requirements
of this subchapter are more restrictive than the existing license condition,
then the licensee shall comply with this subchapter unless exempted by subsection
(c) of this section.
(b)
Any existing license condition that is more restrictive
than a requirement in this subchapter remains in force until there is an
amendment or renewal of the license.
(c)
If a license condition exempted a licensee from a requirement
in the standards for protection against radiation in effect before January
1, 1994, it also exempts the licensee from the corresponding provision of
this subchapter.
(d)
If a license condition cites provisions in requirements
in the standards for protection against radiation in effect before January
1, 1994, and there are no corresponding provisions in this subchapter, the
license condition remains in force until there is an amendment or renewal
of the license that modifies or removes this condition.
§336.304.Radiation Protection Programs.
(a)
Each licensee shall develop, document, and implement a
radiation protection program commensurate with the scope and extent of licensed
activities and sufficient to ensure compliance with the provisions of this
subchapter. See §336.342 of this title (relating to Records of Radiation
Protection Programs) for requirements for maintaining records relating to
these programs.
(b)
The licensee shall use, to the extent practicable, procedures
and engineering controls based upon sound radiation protection principles
to achieve occupational doses and doses to members of the public that are
as low as is reasonably achievable (ALARA).
(c)
The licensee shall, at intervals not to exceed 12 months,
review the radiation protection program content and implementation.
§336.305.Occupational Dose Limits for Adults.
(a)
The licensee shall control the occupational dose to individual
adults, except for planned special exposures under §336.310 of this
title (relating to Planned Special Exposures), to the following dose limits:
(1)
an annual limit, which is the more limiting of:
(A)
the total effective dose equivalent being equal to 5 rems
(0.05 sievert); or
(B)
the sum of the deep-dose equivalent and the committed
dose equivalent to any individual organ or tissue other than the lens of
the eye being equal to 50 rems (0.5 sievert).
(2)
the annual limits to the lens of the eye, to
the skin, and to the extremities which are:
(A)
an eye dose equivalent of 15 rems (0.15 sievert), and
(B)
a shallow-dose equivalent of 50 rems (0.5 sievert) to
the skin or to any extremity.
(b)
Doses received in excess of the annual limits, including
doses received during accidents, emergencies, and planned special exposures,
shall be subtracted from the limits for planned special exposures that the
individual may receive during the current year and during the individual's
lifetime. See §336.310(5)(A) and (B) of this title (relating to Planned
Special Exposures).
(c)
The assigned deep-dose equivalent and shallow-dose equivalent
shall be for the part of the body receiving the highest exposure. The deep-dose
equivalent, eye dose equivalent, and shallow-dose equivalent may be assessed
from surveys or other radiation measurements for the purpose of demonstrating
compliance with the occupational dose limits, if the individual monitoring
device was not in the region of highest potential exposure or the results
of individual monitoring are unavailable.
(d)
Derived air concentration (DAC) and annual limit on intake
(ALI) values are specified in Table I of §336.359, Appendix B, of this
title (relating to Annual Limits on Intake (ALI) and Derived Air Concentrations
(DAC) of Radionuclides for Occupational Exposure; Effluent Concentrations;
Concentrations for Release to Sanitary Sewerage) and may be used to determine
the individual's dose and to demonstrate compliance with the occupational
dose limits. See §336.346 of this title (relating to Records of Individual
Monitoring Results).
(e)
In addition to the annual dose limits, the licensee shall
limit the soluble uranium intake by an individual to 10 milligrams in a week
in consideration of chemical toxicity. See note 3 of §336.359, Appendix
B, of this title (relating to Annual Limits on Intake (ALI) and Derived Air
Concentrations (DAC) of Radionuclides for Occupational Exposure; Effluent
Concentrations; Concentrations for Release to Sanitary Sewerage).
(f)
The licensee shall reduce the dose that an individual may
be allowed to receive in the current year by the amount of occupational dose
received while employed by any other person. See §336.309(e) of this
title (relating to Determination of Prior Occupational Dose).
§336.306.Compliance with Requirements for Summation of External and Internal Doses.
(a)
If the licensee is required to monitor under both §336.316(1)
and (2) of this title (relating to Conditions Requiring Individual Monitoring
of External and Internal Occupational Dose), the licensee shall demonstrate
compliance with the dose limits by summing external and internal doses. If
the licensee is required to monitor only under §336.316(1) of this title
or only under §336.316(2) of this title, then summation is not required
to demonstrate compliance with the dose limits. The licensee may demonstrate
compliance with the requirements for summation of external and internal doses
by meeting the conditions specified in subsections (b), (c), and (d) of this
section. (The dose equivalents for the lens of the eye, the skin, and the
extremities are not included in the summation but are subject to separate
limits.)
(b)
If the only intake of radionuclides is by inhalation, the
total effective dose equivalent limit is not exceeded if the sum of the deep-dose
equivalent divided by the total effective dose equivalent limit and one of
the following does not exceed 1:
(1)
the sum of the fractions of the inhalation ALI for each
radionuclide; or
(2)
the total number of derived air concentration-hours
(DAC-hours) for all radionuclides divided by 2,000; or
(3)
the sum of the calculated committed effective dose
equivalents to all significantly irradiated organs or tissues (T) calculated
from bioassay data using appropriate biological models and expressed as a
fraction of the annual limit. For purposes of this requirement, an organ
or tissue is deemed to be significantly irradiated if, for that organ or
tissue, the product of the weighting factor (w
T
)
and the committed dose equivalent (H
T,50
) per
unit intake is greater than 10% of the maximum weighted value of H
(c)
If the occupationally-exposed individual also receives
an intake of radionuclides by oral ingestion greater than 10% of the applicable
oral ALI, the licensee shall account for this intake and include it in demonstrating
compliance with the limits.
(d)
The licensee shall evaluate and, to the extent practical,
account for intakes through wounds or skin absorption. (The intake through
intact skin has been included in the calculation of DAC for hydrogen-3 and
does not need to be further evaluated under this subsection.)
§336.307.Determination of External Dose from Airborne Radioactive Material.
(a)
Licensees shall, when determining the dose from airborne
radioactive material, include the contribution to the deep-dose equivalent,
eye dose equivalent, and shallow-dose equivalent from external exposure to
the radioactive cloud. See notes 1 and 2 of §336.359, Appendix B, of
this title (relating to Annual Limits on Intake (ALI) and Derived Air Concentrations
(DAC) of Radionuclides for Occupational Exposure; Effluent Concentrations;
Concentrations for Release to Sanitary Sewerage).
(b)
Airborne radioactivity measurements and DAC values shall
not be used as the primary means to assess the deep-dose equivalent when
the airborne radioactive material includes radionuclides other than noble
gases or if the cloud of airborne radioactive material is not relatively
uniform. The determination of the deep-dose equivalent to an individual shall
be based upon measurements using instruments or individual monitoring devices.
§336.308.Determination of Internal Exposure.
(a)
For purposes of assessing dose used to determine compliance
with occupational dose equivalent limits, the licensee shall, when required
under §336.316 of this title (relating to Conditions Requiring Individual
Monitoring of External and Internal Occupational Dose), take suitable and
timely measurements of:
(1)
concentrations of radioactive materials in air in work
areas; or
(2)
quantities of radionuclides in the body; or
(3)
quantities of radionuclides excreted from the body;
or
(4)
combinations of these measurements.
(b)
Unless respiratory protection equipment is used, as provided
in §336.321 of this title (relating to Use of Individual Respiratory
Protection Equipment), or the assessment of intake is based on bioassays,
the licensee shall assume that an individual inhales radioactive material
at the airborne concentration in which the individual is present.
(c)
When specific information on the physical and biochemical
properties of the radionuclides taken into the body or the behavior of the
material in an individual is known, the licensee may:
(1)
use that information to calculate the committed effective
dose equivalent and shall document that information, if used, in the individual's
record; and
(2)
upon prior approval in the license by the commission,
adjust the DAC or ALI values to reflect the actual physical and chemical
characteristics of airborne radioactive material (e.g., aerosol size distribution
or density); and
(3)
separately assess the contribution of fractional intakes
of Class D, W, or Y compounds of a given radionuclide to the committed effective
dose equivalent. See §336.359, Appendix B, of this title (relating to
Annual Limits on Intake (ALI) and Derived Air Concentrations (DAC) of Radionuclides
for Occupational Exposure; Effluent Concentrations; Concentrations for Release
to Sanitary Sewerage).
(d)
If the licensee chooses to assess intakes of Class Y material
using the measurements given in subsection (a)(2) or (3) of this section,
the licensee may delay the recording and reporting of the assessments for
periods up to 7 months, unless otherwise required by §336.351 of this
title (relating to Notification of Incidents) or §336.352 of this title
(relating to Reports of Exposures, Radiation Levels, and Concentrations of
Radioactive Material Exceeding the Limits). This delay permits the licensee
to make additional measurements basic to the assessments.
(e)
If the identity and concentration of each radionuclide
in a mixture are known, the fraction of the DAC applicable to the mixture
for use in calculating DAC-hours shall be either:
(1)
the sum of the ratios of the concentration to the appropriate
DAC value (e.g., D, W, or Y) from §336.359, Appendix B, of this title
(relating to Annual Limits on Intake (ALI) and Derived Air Concentrations
(DAC) of Radionuclides for Occupational Exposure; Effluent Concentrations;
Concentrations for Release to Sanitary Sewerage) for each radionuclide in
the mixture; or
(2)
the ratio of the total concentration for all radionuclides
in the mixture to the most restrictive DAC value for any radionuclide in
the mixture.
(f)
If the identity of each radionuclide in a mixture is known,
but the concentration of one or more of the radionuclides in the mixture
is not known, the DAC for the mixture shall be the most restrictive DAC of
any radionuclide in the mixture.
(g)
When a mixture of radionuclides in air exists, a licensee
may disregard certain radionuclides in the mixture if:
(1)
The licensee uses the total activity of the mixture in
demonstrating compliance with the dose limits in §336.305 of this title
(relating to Occupational Dose Limits for Adults) and in complying with the
monitoring requirements in §336.316(2) of this title (relating to Conditions
Requiring Individual Monitoring of External and Internal Occupational Dose);
and
(2)
The concentration of any radionuclide disregarded
is less than 10% of its DAC; and
(3)
The sum of these percentages for all of the radionuclides
disregarded in the mixture does not exceed 30%.
(h)
When determining the committed effective dose equivalent,
the following information may be considered:
(1)
To calculate the committed effective dose equivalent, the
licensee may assume that the inhalation of one ALI, or an exposure of 2,000
DAC-hours, results in a committed effective dose equivalent of 5 rems (0.05
sievert) for radionuclides that have their ALIs or DACs based on the committed
effective dose equivalent.
(2)
When the ALI (and the associated DAC) is determined
by the nonstochastic organ dose limit of 50 rems (0.5 sievert), the intake
of radionuclides that would result in a committed effective dose equivalent
of 5 rems (0.05 sievert) (the stochastic ALI) is listed in parentheses in
Table I of §336.359, Appendix B, of this title (relating to Annual Limits
on Intake (ALI) and Derived Air Concentrations (DAC) of Radionuclides for
Occupational Exposure; Effluent Concentrations; Concentrations for Release
to Sanitary Sewerage). In this case, the licensee may, as a simplifying assumption,
use the stochastic ALI to determine committed effective dose equivalent.
However, if the licensee uses the stochastic ALI, the licensee shall also
demonstrate that the limit in §336.305(a)(1)(B) of this title (relating
to Occupational Dose Limits for Adults) is met.
§336.309.Determination of Prior Occupational Dose.
(a)
For each individual who is likely to receive in a year
an occupational dose requiring monitoring under §336.316 of this title
(relating to Conditions Requiring Individual Monitoring of External and Internal
Occupational Dose), the licensee shall:
(1)
determine the occupational radiation dose received during
the current year; and
(2)
attempt to obtain the records of lifetime cumulative
occupational radiation dose.
(b)
Before permitting an individual to participate in a planned
special exposure, the licensee shall determine:
(1)
the internal and external doses from all previous planned
special exposures; and
(2)
all doses in excess of the limits, including doses
received during accidents and emergencies, received during the lifetime of
the individual.
(c)
In complying with the requirements of subsection (a) of
this section, a licensee may:
(1)
accept, as a record of the occupational dose that the individual
received during the current year, a written signed statement from the individual,
or from the individual's most recent employer for work involving radiation
exposure, that discloses the nature and the amount of any occupational dose
that the individual received during the current year; and
(2)
accept, as the record of lifetime cumulative radiation
dose, an up-to-date form "Cumulative Occupational Exposure History" (see
§336.367, Appendix J of this title (relating to Cumulative Occupational
Exposure History)) or equivalent, signed by the individual and countersigned
by an appropriate official of the most recent employer for work involving
radiation exposure, or the individual's current employer, if the individual
is not employed by the licensee; and
(3)
obtain reports of the individual's dose equivalent
from the most recent employer for work involving radiation exposure, or the
individual's current employer, if the individual is not employed by the licensee,
by telephone, telegram, electronic media, or letter. The licensee shall request
a written verification of the dose data if the authenticity of the transmitted
report cannot be established.
(d)
The licensee shall record individual exposure histories.
(1)
The licensee shall record the exposure history of each
individual, as required by subsection (a) of this section, on form "Cumulative
Occupational Exposure History" (see §336.367, Appendix J of this title
(relating to Cumulative Occupational Exposure History)) or other clear and
legible record which includes all of the information required on that form.
The form or record shall show each period in which the individual received
occupational exposure to radiation or radioactive material and shall be signed
by the individual who received the exposure. For each period for which the
licensee obtains reports, the licensee shall use the dose shown in the report
in preparing form "Cumulative Occupational Exposure History" (see §336.367,
Appendix J of this title (relating to Cumulative Occupational Exposure History))
or equivalent. For any period for which the licensee does not obtain a report,
the licensee shall place a notation on form "Cumulative Occupational Exposure
History" (see §336.367, Appendix J of this title (relating to Cumulative
Occupational Exposure History)) or equivalent indicating the periods of time
for which data are not available.
(2)
Licensees are not required to separate historical
dose, obtained and recorded before January 1, 1994, into external dose equivalent(s)
and internal committed dose equivalent(s). Further, occupational exposure
histories obtained and recorded on form "Cumulative Occupational Exposure
History" (see §336.367, Appendix J of this title (relating to Cumulative
Occupational Exposure History)) or equivalent before January 1, 1994, would
not have included effective dose equivalent but may be used in the absence
of specific information on the intake of radionuclides by the individual.
(e)
If the licensee is unable to obtain a complete record of
an individual's current and previously accumulated occupational dose, the
licensee shall assume:
(1)
in establishing administrative controls under §336.305(f)
of this title (relating to Occupational Dose Limits for Adults) for the current
year, that the allowable dose limit for the individual is reduced by 1.25
rems (12.5 millisieverts) for each quarter for which records are unavailable
and that the individual was engaged in activities that could have resulted
in occupational radiation exposure; and
(2)
that the individual is not available for planned special
exposures.
§336.310.Planned Special Exposures.
A licensee may authorize an adult worker to receive doses in addition
to and accounted for separately from the doses received under the limits
specified in §336.305 of this title (relating to Occupational Dose Limits
for Adults) provided that each of the following conditions is satisfied:
(1)
The licensee authorizes a planned special exposure only
in an exceptional situation when alternatives that might avoid the higher
exposure are unavailable or impractical.
(2)
The licensee, and employer if the employer is not
the licensee, specifically authorizes the planned special exposure, in writing,
before the exposure occurs.
(3)
Before a planned special exposure, the licensee ensures
that each individual involved is:
(A)
informed of the purpose of the planned operation; and
(B)
informed of the estimated doses and associated potential
risks and specific radiation levels or other conditions that might be involved
in performing the task; and
(C)
instructed in the measures to be taken to keep the dose
ALARA considering other risks that may be present.
(4)
Before permitting an individual to participate
in a planned special exposure, the licensee ascertains prior doses as required
by §336.309(b) of this title (relating to Determination of Prior Occupational
Dose) during the lifetime of the individual for each individual involved.
(5)
Subject to §336.305(b) of this title (relating
to Occupational Dose Limits for Adults), the licensee shall not authorize
a planned special exposure that would cause an individual to receive a dose
from all planned special exposures and all doses in excess of the limits
to exceed:
(A)
the numerical values of any of the dose limits in §336.305(a)
of this title (relating to Occupational Dose Limits for Adults) in any year;
and
(B)
five times the annual dose limits in §336.305(a)
of this title (relating to Occupational Dose Limits for Adults) during the
individual's lifetime.
(6)
The licensee maintains records of the conduct
of a planned special exposure in accordance with §336.345 of this title
(relating to Records of Planned Special Exposures) and submits a written
report to the executive director in accordance with §336.353 of this
title (relating to Reports of Planned Special Exposures).
(7)
The licensee records the best estimate of the dose
resulting from the planned special exposure in the individual's record and
informs the individual, in writing, of the dose within 30 days from the date
of the planned special exposure. The dose from planned special exposures
shall not be considered in controlling future occupational dose of the individual
under §336.305(a) of this title (relating to Occupational Dose Limits
for Adults) but shall be included in evaluations required by subsection (a)
(4) and (5) of this section.
§336.311.Occupational Dose Limits for Minors.
The annual occupational dose limits for minors are 10% of the annual
occupational dose limits specified for adult workers in §336.305 of
this title (relating to Occupational Dose Limits for Adults).
§336.312.Dose to an Embryo/Fetus.
(a)
The licensee shall ensure that the dose to an embryo/fetus
during the entire pregnancy, due to occupational exposure of a declared pregnant
woman, does not exceed 0.5 rem (5 millisieverts). See §336.346 of this
title (relating to Records of Individual Monitoring Results) for recordkeeping
requirements.
(b)
The licensee shall make efforts to avoid substantial variation
above a uniform monthly exposure rate to a declared pregnant woman so as
to satisfy the limit in subsection (a) of this section. (The National Council
on Radiation Protection and Measurements recommended in NCRP Report No. 91,
"Recommendations on Limits for Exposure to Ionizing Radiation" (June 1, 1987),
that no more than 0.05 rem (0.5 millisievert) to the embryo/fetus be received
in any one month.)
(c)
The dose to an embryo/fetus shall be taken as the sum of:
(1)
the deep-dose equivalent to the declared pregnant woman;
and
(2)
the dose to the embryo/fetus from radionuclides in
the embryo/fetus and radionuclides in the declared pregnant woman.
(d)
If by the time the woman declares pregnancy to the licensee
the dose to the embryo/fetus has exceeded 0.5 rem (5 millisieverts) or is
within 0.05 rem (0.5 millisievert) of this dose, the licensee shall be deemed
to be in compliance with subsection (a) of this section if the additional
dose to the embryo/fetus does not exceed 0.05 rem (0.5 millisievert) during
the remainder of the pregnancy.
§336.313.Dose Limits for Individual Members of the Public.
(a)
Each licensee shall conduct operations so that:
(1)
The total effective dose equivalent to individual members
of the public from the licensed operation does not exceed 0.1 rem (1 millisievert)
in a year, exclusive of the dose contribution from the licensee's disposal
of radioactive material into sanitary sewerage in accordance with §336.333
of this title (relating to Disposal by Release into Sanitary Sewerage); and
(2)
The dose in any unrestricted area from external sources
does not exceed 0.002 rem (0.02 millisievert) in any 1 hour.
(b)
If the licensee permits members of the public to have access
to restricted areas, the limits for members of the public continue to apply
to those individuals.
(c)
A licensee or an applicant for a license may apply for
prior commission authorization to operate up to an annual dose limit for
an individual member of the public of 0.5 rem (5 millisieverts). The licensee
or applicant shall include the following information in this application:
(1)
demonstration of the need for and the expected duration
of operations in excess of the limit in subsection (a) of this section;
(2)
the licensee's or applicant's program to assess and
control dose within the 0.5 rem (5 millisieverts) annual limit; and
(3)
the procedures to be followed to maintain the dose
ALARA.
(d)
In addition to the requirements of this chapter, a licensee
subject to the provisions of the United States Environmental Protection Agency's
generally applicable environmental radiation standards in 40 CFR Part 190
(relating to Environmental Radiation Protection Standards for Nuclear Power
Operations) shall comply with those requirements.
(e)
The commission may impose additional restrictions on radiation
levels in unrestricted areas and on the total quantity of radionuclides that
a licensee may release in effluents in order to restrict the collective dose.
§336.314.Compliance with Dose Limits for Individual Members of the Public.
(a)
The licensee shall make or cause to be made, as appropriate,
surveys of radiation levels in unrestricted areas and radioactive materials
in effluents released to unrestricted areas to demonstrate compliance with
the dose limits for individual members of the public in §336.313 of
this title (relating to Dose Limits for Individual Members of the Public).
(b)
A licensee shall show compliance with the annual dose limit
in §336.313 of this title (relating to Dose Limits for Individual Members
of the Public) by:
(1)
demonstrating by measurement or calculation that the total
effective dose equivalent to the individual likely to receive the highest
dose from the licensed operation does not exceed the annual dose limit; or
(2)
demonstrating that:
(A)
the annual average concentrations of radioactive material
released in gaseous and liquid effluents at the boundary of the unrestricted
area do not exceed the values specified in Table II of §336.359, Appendix
B, of this title (relating to Annual Limits on Intake (ALI) and Derived Air
Concentrations (DAC) of Radionuclides for Occupational Exposure; Effluent
Concentrations; Concentrations for Release to Sanitary Sewerage); and
(B)
if an individual were continually present in an unrestricted
area, the dose from external sources would not exceed 0.002 rem (0.02 millisievert)
in an hour and 0.05 rem (0.5 millisievert) in a year.
(c)
Upon approval in the license by the commission, the licensee
may adjust the effluent concentration values in §336.359, Appendix B,
Table II, of this title (relating to Annual Limits on Intake (ALI) and Derived
Air Concentrations (DAC) of Radionuclides for Occupational Exposure; Effluent
Concentrations; Concentrations for Release to Sanitary Sewerage) for members
of the public, to take into account the actual physical and chemical characteristics
of the effluents (e.g., aerosol size distribution, solubility, density, radioactive
decay equilibrium, and chemical form).
§336.315.General Requirements for Surveys and Monitoring.
(a)
Each licensee shall make, or cause to be made, surveys
that:
(1)
are necessary for the licensee to comply with the rules
in this chapter or conditions of the license; and
(2)
are reasonable under the circumstances to evaluate:
(A)
radiation levels;
(B)
concentrations or quantities of radioactive material;
and
(C)
the potential radiological hazards that could be present.
(b)
The licensee shall ensure that instruments and equipment
used for quantitative radiation measurements (e.g., dose rate and effluent
monitoring) are calibrated:
(1)
by a person licensed by the Texas Department of Health,
another Agreement State, a Licensing State, or the United States Nuclear
Regulatory Commission to perform this service;
(2)
at intervals not to exceed 12 months, unless a more
restrictive time interval is specified in another part of this chapter or
in the license; and
(3)
for the types of radiation measured and at appropriate
energies.
(c)
All personnel dosimeters, except for direct and indirect
reading pocket ionization chambers and those dosimeters used to measure the
dose to any extremity, that require processing to determine the radiation
dose and that are used by licensees to comply with §336.305 of this
title (relating to Occupational Dose Limits for Adults), with other applicable
provisions of this chapter, or with conditions specified in a license shall
be processed and evaluated by a dosimetry processor:
(1)
holding current personnel dosimetry accreditation from
the National Voluntary Laboratory Accreditation Program (NVLAP) of the National
Institute of Standards and Technology; and
(2)
approved in this accreditation process for the type
of radiation or radiations included in the NVLAP program that most closely
approximates the type of radiation or radiations for which the individual
wearing the dosimeter is monitored.
(d)
Each licensee shall ensure that individuals who are required
to use an individual monitoring device follow appropriate procedures in regard
to selection of the type of device, location where it is worn, period of
use, and precautions to prevent exposures that are not occupational dose
to that individual.
§336.316.Conditions Requiring Individual Monitoring of External and Internal Occupational Dose.
Each licensee shall monitor exposures to radiation and radioactive
material at levels sufficient to demonstrate compliance with the occupational
dose limits of this subchapter. As a minimum, the following monitoring is
required:
(1)
Each licensee shall monitor occupational exposure to radiation
and shall supply and require the use of individual monitoring devices by:
(A)
adults likely to receive, in 1 year from sources external
to the body, a dose in excess of 10% of the limits in §336.305(a) of
this title (relating to Occupational Dose Limits for Adults);
(B)
minors and declared pregnant women likely to receive,
in 1 year from sources external to the body, a dose in excess of 10% of any
of the applicable limits in §336.311 of this title (relating to Occupational
Dose Limits for Minors) or §336.312 of this title (relating to Dose
to an Embryo/Fetus); and
(C)
individuals entering a high or very high radiation area.
(2)
Each licensee shall monitor (see §336.308
of this title (relating to Determination of Internal Exposure)) the occupational
intake of radioactive material by and assess the committed effective dose
equivalent to:
(A)
adults likely to receive, in 1 year, an intake in excess
of 10% of the applicable ALI(s) in Table I, Columns 1 and 2, of §336.359,
Appendix B, of this title (relating to Annual Limits on Intake (ALI) and
Derived Air Concentrations (DAC) of Radionuclides for Occupational Exposure;
Effluent Concentrations; Concentrations for Release to Sanitary Sewerage);
and
(B)
minors and declared pregnant women likely to receive,
in 1 year, a committed effective dose equivalent in excess of 0.05 rem (0.5
millisievert).
§336.317.Control of Access to High Radiation Areas.
(a)
The licensee shall ensure that each entrance or access
point to a high radiation area has one or more of the following features:
(1)
a control device that, upon entry into the area, causes
the level of radiation to be reduced below that level at which an individual
might receive a deep dose equivalent of 0.1 rem (1 millisievert) in 1 hour
at 30 centimeters from the source of radiation from any surface that the
radiation penetrates; or
(2)
a control device that energizes a conspicuous visible
or audible alarm signal so that the individual entering the high radiation
area and the supervisor of the activity are made aware of the entry; or
(3)
entryways that are locked, except during periods when
access to the areas is required, with positive control over each individual
entry.
(b)
In place of the controls required by subsection (a) of
this section for a high radiation area, the licensee may substitute continuous
direct or electronic surveillance that is capable of preventing unauthorized
entry.
(c)
The licensee may apply to the commission for approval of
alternative methods for controlling access to high radiation areas.
(d)
The licensee shall establish the controls required by subsections
(a) and (c) of this section in a way that does not prevent individuals from
leaving a high radiation area.
(e)
The licensee is not required to control each entrance or
access point to a room or other area that is a high radiation area solely
because of the presence of radioactive materials prepared for transport and
packaged and labeled in accordance with the rules of the United States Department
of Transportation provided that:
(1)
the packages do not remain in the area longer than 3 days;
and
(2)
the dose rate at 1 meter from the external surface
of any package does not exceed 0.01 rem (0.1 millisievert) per hour.
§336.318.Control of Access to Very High Radiation Areas.
In addition to the requirements in §336.317 of this title (relating
to Control of Access to High Radiation Areas), the licensee shall institute
measures to ensure that an individual is not able to gain unauthorized or
inadvertent access to areas in which radiation levels could be encountered
at 500 rads (5 grays) or more in one hour at 1 meter from a source of radiation
or any surface through which the radiation penetrates.
§336.319.Use of Process or Other Engineering Controls.
The licensee shall use, to the extent practical, process or other engineering
controls (e.g., containment or ventilation) to control the concentrations
of radioactive material in air.
§336.320.Use of Other Controls.
When it is not practical to apply process or other engineering controls
to control the concentrations of radioactive material in air to values below
those that define an airborne radioactivity area, the licensee shall, consistent
with maintaining the total effective dose equivalent ALARA, increase monitoring
and limit intakes by one or more of the following means:
(1)
control of access;
(2)
limitation of exposure times;
(3)
use of respiratory protection equipment; or
(4)
other controls.
§336.321.Use of Individual Respiratory Protection Equipment.
(a)
If the licensee uses respiratory protection equipment to
limit intakes under §336.320 of this title (relating to Use of Other
Controls):
(1)
The licensee shall use only respiratory protection equipment
that is tested and certified or had certification extended by the National
Institute for Occupational Safety and Health and the Mine Safety and Health
Administration (NIOSH/MSHA), except as provided in paragraph (2) of this
subsection.
(2)
If the licensee wishes to use equipment that has not
been tested or certified by NIOSH/MSHA, or has not had certification extended
by NIOSH/MSHA, or for which there is no schedule for testing or certification,
the licensee shall submit an application for authorized use of that equipment,
including a demonstration by testing, or a demonstration on the basis of
reliable test information, that the material and performance characteristics
of the equipment are capable of providing the proposed degree of protection
under anticipated conditions of use.
(3)
The licensee shall implement and maintain a respiratory
protection program that includes:
(A)
air sampling sufficient to identify the potential hazard,
permit proper equipment selection, and estimate exposures;
(B)
surveys and bioassays, as appropriate, to evaluate actual
intakes;
(C)
testing of respirators for operability immediately before
each use;
(D)
written procedures regarding selection, fitting, issuance,
maintenance, and testing of respirators, including testing for operability
immediately before each use; supervision and training of personnel; monitoring,
including air sampling and bioassays; and recordkeeping; and
(E)
determination by a physician before initial fitting of
respirators, and at least every 12 months thereafter or periodically at a
frequency determined by a physician, that the individual user is medically
fit to use the respiratory protection equipment.
(4)
The licensee shall issue a written policy statement
on respirator usage covering:
(A)
the use of process or other engineering controls, instead
of respirators;
(B)
the routine, nonroutine, and emergency use of respirators;
and
(C)
the length of periods of respirator use and relief from
respirator use.
(5)
The licensee shall advise each respirator user
that the user may leave the area at any time for relief from respirator use
in the event of equipment malfunction, physical or psychological distress,
procedural or communication failure, significant deterioration of operating
conditions, or any other conditions that might require this relief.
(6)
The licensee shall use respiratory protection equipment
within limitations for type and mode of use and shall provide proper visual,
communication, and other special capabilities, such as adequate skin protection,
when needed.
(b)
When estimating exposure of individuals to airborne radioactive
materials, the licensee may make allowance for respiratory protection equipment
used to limit intakes under §336.320 of this title (relating to Use
of Other Controls), provided that the following conditions, in addition to
those in subsection (a) of this section, are satisfied:
(1)
The licensee selects respiratory protection equipment that
provides a protection factor (see §336.358, Appendix A, of this title
(relating to Protection Factors for Respirators)) greater than the multiple
by which peak concentrations of airborne radioactive materials in the working
area are expected to exceed the values specified in §336.359, Appendix
B, Table I, Column 3, of this title (relating to Annual Limits on Intake
(ALI) and Derived Air Concentrations (DAC) of Radionuclides for Occupational
Exposure; Effluent Concentrations; Concentrations for Release to Sanitary
Sewerage). However, if the selection of respiratory protection equipment
with a protection factor greater than the multiple defined in the preceding
sentence is inconsistent with the goal specified in §336.320 of this
title (relating to Use of Other Controls) of keeping the total effective
dose equivalent ALARA, the licensee may select respiratory protection equipment
with a lower protection factor only if such a selection would result in keeping
the total effective dose equivalent ALARA. The concentration of radioactive
material in the air that is inhaled when respirators are worn may be initially
estimated by dividing the average concentration in air, during each period
of uninterrupted use, by the protection factor. If the exposure is later
found to be greater than initially estimated, the corrected value shall be
used; if the exposure is later found to be less than initially estimated,
the corrected value may be used.
(2)
The licensee shall obtain authorization from the commission
by license amendment before assigning respiratory protection factors in excess
of those specified in §336.358, Appendix A, of this title (relating
to Protection Factors for Respirators). The commission may authorize a licensee
to use higher protection factors on receipt of an application that:
(A)
describes the situation for which a need exists for higher
protection factors; and
(B)
demonstrates that the respiratory protection equipment
provides these higher protection factors under the proposed conditions of
use.
(c)
In an emergency, the licensee shall use as emergency equipment
only respiratory protection equipment that has been specifically certified
or had certification extended for emergency use by the National Institute
for Occupational Safety and Health (NIOSH)/the Mine Safety and Health Administration
(MSHA).
(d)
The licensee shall notify the executive director in writing
at least 30 days before the date that respiratory protection equipment is
first used under the provisions of either subsection (a) or (b) of this section.
§336.322.Further Restrictions on the Use of Respiratory Protection Equipment.
The commission may impose restrictions in addition to those in §336.320
of this title (relating to Use of Other Controls), §336.321 of this
title (relating to Use of Individual Respiratory Protection Equipment), and
§336.358, Appendix A, of this title (relating to Protection Factors
for Respirators) to:
(1)
ensure that the respiratory protection program of the licensee
is adequate to limit exposures of individuals to airborne radioactive materials;
and
(2)
limit the extent to which a licensee may use respiratory
protection equipment instead of process or other engineering controls.
§336.323.Security of Stored Radioactive Material.
The licensee shall secure from unauthorized removal or access licensed
radioactive materials that are stored in unrestricted areas.
§336.324.Control of Radioactive Material Not in Storage.
The licensee shall control and maintain constant surveillance of licensed
radioactive material that is in an unrestricted area and that is not in storage.
§336.325.Caution Signs.
(a)
Standard radiation symbol. Unless otherwise authorized
by the commission, the symbol prescribed by this section shall use the colors
magenta, or purple, or black on yellow background. The symbol prescribed
is the three-bladed design as follows:
Figure 1: 30 TAC §336.325(a)
(b)
Additional information on signs and labels. In addition
to the contents of signs and labels prescribed in this subchapter, the licensee
shall provide, on or near the required signs and labels, additional information,
as appropriate, to make individuals aware of potential radiation exposures
and to minimize the exposures.
§336.326.Posting Requirements.
(a)
Posting of radiation areas. The licensee shall post each
radiation area with a conspicuous sign or signs bearing the radiation symbol
and the words "CAUTION, RADIATION AREA."
(b)
Posting of high radiation areas. The licensee shall post
each high radiation area with a conspicuous sign or signs bearing the radiation
symbol and the words "CAUTION, HIGH RADIATION AREA" or "DANGER, HIGH RADIATION
AREA."
(c)
Posting of very high radiation areas. The licensee shall
post each very high radiation area with a conspicuous sign or signs bearing
the radiation symbol and words "GRAVE DANGER, VERY HIGH RADIATION AREA."
(d)
Posting of airborne radioactivity areas. The licensee shall
post each airborne radioactivity area with a conspicuous sign or signs bearing
the radiation symbol and the words "CAUTION, AIRBORNE RADIOACTIVITY AREA"
or "DANGER, AIRBORNE RADIOACTIVITY AREA."
(e)
Posting of areas or rooms in which licensed radioactive
material is used or stored. The licensee shall post each area or room in
which there is used or stored an amount of licensed material exceeding 10
times the quantity of such material specified in §336.360, Appendix
C, of this title (relating to Quantities of Licensed Material Requiring
Labeling) with a conspicuous sign or signs bearing the radiation symbol and
the words "CAUTION, RADIOACTIVE MATERIAL(S)" or "DANGER, RADIOACTIVE MATERIAL(S)."
§336.327.Exceptions to Posting Requirements.
A licensee is not required to post caution signs in areas or rooms
containing radioactive materials for periods of less than 8 hours, if each
of the following conditions is met:
(1)
The materials are constantly attended during these periods
by an individual who takes the precautions necessary to prevent the exposure
of individuals to radiation or radioactive materials in excess of the limits
established in this subchapter; and
(2)
The area or room is subject to the licensee's control.
§336.328.Labeling Containers.
(a)
The licensee shall ensure that each container of licensed
material bears a durable, clearly visible label bearing the radiation symbol
and the words "CAUTION, RADIOACTIVE MATERIAL" or "DANGER, RADIOACTIVE MATERIAL."
The label shall also provide sufficient information, such as the radionuclides
present, an estimate of the quantity of radioactivity, the date for which
the activity is estimated, radiation levels, kinds of materials, and mass
enrichment, to permit individuals handling or using the containers, or working
in the vicinity of the containers, to take precautions to avoid or minimize
exposures.
(b)
Each licensee shall, before removal or disposal of empty
uncontaminated containers to unrestricted areas, remove or deface the radioactive
material label or otherwise clearly indicate that the container no longer
contains radioactive materials.
§336.329.Exemptions to Labeling Requirements.
A licensee is not required to label:
(1)
containers holding licensed material in quantities less
than those listed in §336.360, Appendix C, of this title (relating to
Quantities of Licensed Material Requiring Labeling);
(2)
containers holding licensed material in concentrations
less than those specified in Table III of §336.359, Appendix B, of this
title (relating to Annual Limits on Intake (ALI) and Derived Air Concentrations
(DAC) of Radionuclides for Occupational Exposure; Effluent Concentrations;
Concentrations for Release to Sanitary Sewerage);
(3)
containers attended by an individual who takes the
precautions necessary to prevent the exposure of individuals in excess of
the limits established by this subchapter;
(4)
containers when they are in transport and packaged
and labeled in accordance with the rules of the United States Department
of Transportation (labeling of packages containing radioactive material is
required by the United states Department of Transportation if the amount
and type of radioactive material exceeds the limits for an excepted quantity
or article as defined and limited by rules in 49 CFR §§173.403(m)
and (w) and 172.436-172.440);
(5)
containers that are accessible only to individuals
authorized to handle or use them, or to work in the vicinity of the containers,
if the contents are identified to these individuals by a readily available
written record. (Examples of containers of this type are containers in locations
such as water-filled canals, storage vaults, or hot cells.) The record shall
be retained as long as the containers are in use for the purpose indicated
on the record; or
(6)
installed manufacturing or process equipment, such
as piping and tanks.
§336.330.Procedures for Receiving and Opening Packages.
(a)
Each licensee who expects to receive a package containing
quantities of radioactive material in excess of a Type A quantity, as defined
in §336.2 of this title (relating to Definitions), shall make arrangements
to receive:
(1)
the package when the carrier offers it for delivery; or
(2)
notification of the arrival of the package at the
carrier's terminal and to take possession of the package expeditiously.
(b)
Each licensee shall monitor the external surfaces of a
labeled (labeled with a Radioactive White I, Yellow II, or Yellow III label,
as specified in United States Department of Transportation rules in 49 CFR
§§172.403 and 172.436-172.440) package for radioactive contamination
unless the package contains:
(1)
only radioactive material in the form of gas or in special
form, as defined in §336.2 of this title (relating to Definitions);
and
(2)
quantities of radioactive material that are less than
or equal to the Type A quantity, as defined in §336.2 of this title
(relating to Definitions); and
(3)
monitor all packages known to contain radioactive
material for radioactive contamination and radiation levels if there is evidence
of degradation of package integrity, such as packages that are crushed, wet,
or damaged.
(c)
The licensee shall perform the monitoring required by subsection
(b) of this section as soon as practical after receipt of the package, but
not later than 3 hours after the package is received at the licensee's facility
if it is received during the licensee's normal working hours, or not later
than 3 hours after the beginning of the next working day if it is received
after working hours.
(d)
The licensee shall immediately notify the final delivery
carrier and, by telephone and telegram, mailgram, or facsimile, the executive
director and the Texas Department of Health when:
(1)
Removable radioactive surface contamination exceeds the
limits of 10 CFR §71.87(i) (relating to Routine Determinations).
(2)
External radiation levels exceed the limits of 10
CFR §71.47 (relating to External Radiation Standards for All Packages).
(e)
Each licensee shall:
(1)
establish, maintain, and retain written procedures for
safely opening packages in which radioactive material is received; and
(2)
ensure that the procedures are followed and that due
consideration is given to special instructions for the type of package being
opened.
§336.331.General Requirements for Waste Disposal.
(a)
Unless otherwise exempted, a licensee shall dispose of
licensed material, as appropriate to the type of licensed material, only:
(1)
by transfer to an authorized recipient as provided in §336.338
of this title (relating to Transfer for Disposal at Licensed Land Disposal
Facility and Manifests) or in Subchapter H of this chapter (relating to Licensing
Requirements for Near-Surface Land Disposal of Radioactive Waste);
(2)
by transfer to a recipient authorized by commission
license for receipt and disposal of byproduct material, as defined in §336.2,
subparagraph (B), of this title (relating to Definitions), under Subchapter
G of this chapter (relating to Licensing Requirements for Source Material
(Uranium or Thorium) Recovery and Processing Facilities);
(3)
by transfer to a recipient authorized in another state
by license issued by the United States Nuclear Regulatory Commission or an
Agreement State or to the United States Department of Energy;
(4)
by decay in storage;
(5)
by release in effluents within the limits specified
in §336.313 of this title (relating to Dose Limits for Individual Members
of the Public);
(6)
as authorized under §336.332 of this title (relating
to Method of Obtaining Approval of Proposed Disposal Procedures), §336.333
of this title (relating to Disposal by Release into Sanitary Sewerage), or
§336.337 of this title (relating to Disposal of Specific Wastes); or
(7)
as specifically authorized by commission license issued
under Subchapter F of this chapter (relating to Licensing of Alternative
Methods of Disposal of Radioactive Material), Subchapter G of this chapter
(relating to Licensing Requirements for Source Material (Uranium or Thorium)
Recovery and Processing Facilities), or Subchapter H of this chapter (relating
to Licensing Requirements for Near-Surface Land Disposal of Radioactive Waste).
(b)
A person who receives waste containing licensed material
from other persons for processing or storage before disposal is subject to
applicable rules of the Texas Department of Health, except as provided in
subsection (c) of this section.
(c)
Processing or storage of waste containing licensed material
from other persons at a disposal facility by a person licensed for disposal
under Subchapter G of this chapter (relating to Licensing Requirements for
Source Material (Uranium or Thorium) Recovery and Processing Facilities)
or Subchapter H of this chapter (relating to Licensing Requirements for Near-Surface
Land Disposal of Radioactive Waste) shall be regulated in accordance with
the provisions of §336.11, Appendix A, of this title (relating to Memorandum
of Understanding Between the Texas Department of Health and the Texas Natural
Resource Conservation Commission Regarding Radiation Control Functions).
§336.332.Method of Obtaining Approval of Proposed Disposal Procedures.
(a)
A person may file an application with the executive director
for approval of proposed procedures, not otherwise authorized in this chapter,
to dispose of radioactive material generated in the person's activities.
Each application shall include:
(1)
a description of the radioactive material involved, including
the quantities and types of radioactive material, the levels of radioactivity,
and the physical and chemical properties important to risk evaluation;
(2)
a description of the proposed manner and conditions
of disposal;
(3)
an analysis and evaluation of pertinent information
on the nature of the environment, including topographical, geological, meteorological,
and hydrological characteristics and use of groundwater and surface water
in the general area;
(4)
the nature and location of other potentially affected
facilities;
(5)
analyses and procedures to ensure that doses are maintained
ALARA and within the dose limits of this subchapter; and
(6)
any other information the executive director may require.
(b)
A person holding a license issued under Subchapter F of
this chapter (relating to Licensing of Alternative Methods of Disposal of
Radioactive Material), Subchapter G of this chapter (relating to Licensing
Requirements for Source Material (Uranium or Thorium) Recovery and Processing
Facilities), or Subchapter H of this chapter (relating to Licensing Requirements
for Near-Surface Land Disposal of Radioactive Waste) may apply for approval
of proposed disposal procedures in accordance with subsection (a) of this
section by requesting amendment of the license.
(c)
A person applying for a license to be issued under Subchapter
F, Subchapter G, or Subchapter H of this chapter may request approval of
proposed disposal procedures in accordance with subsection (a) of this section
as part of the license application.
(d)
A person not subject to licensing under Subchapter G or
Subchapter H of this chapter may request approval of proposed disposal procedures
in accordance with subsection (a) of this section either by filing an application
for a license under Subchapter F of this chapter or by requesting approval
without a license. In some cases, approval of a limited disposal which meets
the standards of this subchapter may be granted by the executive director
to a person without a license, as authorized by law. Requests for approval
without a license must be reviewed by the executive director on a case-by-case
basis.
§336.333.Disposal by Release into Sanitary Sewerage.
A licensee may discharge licensed material into sanitary sewerage if
each of the following conditions is satisfied:
(1)
The material is readily soluble in water, or is readily
dispersible biological material; and
(2)
The quantity of licensed or other radioactive material
that the licensee releases into the sewer in 1 month divided by the average
monthly volume of water released into the sewer by the licensee does not
exceed the concentration listed in Table III of §336.359, Appendix B,
of this title (relating to Annual Limits on Intake (ALI) and Derived Air
Concentrations (DAC) of Radionuclides for Occupational Exposure; Effluent
Concentrations; Concentrations for Release to Sanitary Sewerage); and
(3)
If more than one radionuclide is released, the licensee
shall determine the fraction of the limit in Table III of §336.359,
Appendix B, of this title represented by discharges into sanitary sewerage
by dividing the actual monthly average concentration of each radionuclide
released by the licensee into the sewer by the concentration of that radionuclide
listed in Table III of §336.359, Appendix B, of this title, and the
sum of the fractions for all of the radionuclides released shall not exceed
1; and
(4)
The total quantity of licensed and other radioactive
material that the licensee releases into the sanitary sewerage in a year
does not exceed 5 curies (185 gigabecquerels) of hydrogen-3, 1 curie (37
gigabecquerels) of carbon-14, and 1 curie (37 gigabecquerels) of all other
radioactive materials combined.
§336.334.Disposal by Burial in Soil.
No licensee may dispose of radioactive material by burial in soil
except as provided by §336.337 of this title (relating to Disposal of
Specific Wastes) or by specific license authorization by the commission under
§336.332 of this title (relating to Method of Obtaining Approval of
Proposed Disposal Procedures), Subchapter F of this chapter (relating to
Licensing of Alternative Methods of Disposal of Radioactive Material), Subchapter
G of this chapter (relating to Licensing Requirements for Source Material
(Uranium or Thorium) Recovery and Processing Facilities), or Subchapter H
of this chapter (relating to Licensing Requirements for Near-Surface Land
Disposal of Radioactive Waste).
§336.335.Disposal by Release into Septic Tanks.
No licensee may discharge radioactive material into a septic tank system
except by specific license authorization by the commission under §336.332
of this title (relating to Method of Obtaining Approval of Proposed Disposal
Procedures).
§336.336.Treatment or Disposal by Incineration.
Treatment of radioactive material by incineration, except in a form
and concentration specified by §336.337 of this title (relating to Disposal
of Specific Wastes), is subject to applicable rules of the Texas Department
of Health. Ash residue waste containing radioactive material shall be disposed
of in accordance with §336.331 of this title (relating to General Requirements
for Waste Disposal).
§336.337.Disposal of Specific Wastes.
(a)
A licensee may dispose of the following licensed material
as if it were not radioactive:
(1)
0.05 microcurie (1.85 kilobecquerels), or less, of hydrogen-3,
carbon-14, or iodine-125 per gram of medium used for liquid scintillation
counting or in vitro clinical or in vitro laboratory testing; and
(2)
0.05 microcurie (1.85 kilobecquerels), or less, of
hydrogen-3, carbon-14, or iodine-125 per gram of animal tissue, averaged
over the weight of the entire animal.
(b)
A licensee shall not dispose of tissue under subsection
(a)(2) of this section in a manner that would permit its use either as food
for humans or as animal feed.
(c)
A licensee may, upon commission approval under subsection
(b) of this section, dispose of licensed material listed in §336.365,
Appendix H, of this title (relating to Radionuclide Concentration and Annual
Activity Limits for Disposal in a Type I Municipal Solid Waste Facility or
a Hazardous Waste Facility), provided that the licensed material does not
exceed the specified concentration and annual activity limits, in a Type
I municipal solid waste facility as defined in the commission's rules in
Chapter 330 of this title (relating to Municipal Solid Waste), unless the
licensed material is hazardous waste, or is combined with hazardous waste,
as defined in Chapter 330 of this title. Licensed material listed in §336.365,
Appendix H, of this title which does not exceed the specified concentration
and annual activity limits and which is hazardous waste, or is combined with
hazardous waste, may be disposed of at a hazardous waste disposal facility
in accordance with the commission's rules in Chapter 335 of this title (relating
to Industrial Solid Waste and Municipal Hazardous Waste). Disposals at a
Type I municipal solid waste facility or a hazardous waste disposal facility
must comply with other requirements for those facilities as set forth in
Chapters 330 or 335 of this title, respectively.
(d)
A licensee may apply for commission authorization, by license
amendment, for the disposal of licensed material under subsection (c) of
this section by submitting procedures for the following to the executive
director:
(1)
physical delivery of the material to the disposal facility;
(2)
surveys to be performed for compliance with subsection
(e)(1) of this section;
(3)
maintaining secure packaging during transportation
to the site; and
(4)
maintaining records of any disposals made under this
subsection.
(e)
Each licensee who disposes of licensed material under subsections
(a)-(d) of this section shall:
(1)
make surveys adequate to assure that the limits specified
in subsection (a) or (c) of this section are not exceeded; and
(2)
remove or otherwise obliterate or obscure all labels,
tags, or other markings which would indicate that the material or contents
is radioactive.
(f)
Each licensee who disposes of licensed material under subsections
(a)-(d) of this section shall maintain records in accordance with §336.348
of this title (relating to Records of Waste Disposal). General licensees
under this subsection are exempt from the other requirements of this subchapter
and of Subchapter E of this chapter (relating to Notices, Instructions, and
Reports to Workers and Inspections) with respect to the disposal authorized
under this subsection.
(g)
Material disposed of under this section is exempt from
the requirements of §336.207 of this title (both relating to Preparation
of Radioactive Material for Transport).
§336.338.Transfer for Disposal at Licensed Land Disposal Facility and Manifests.
(a)
Transfer of low-level radioactive waste by a waste generator,
waste collector, or waste processor who ships this waste either directly,
or indirectly through a collector or processor, to a licensed land disposal
facility is subject to applicable rules of the Texas Department of Health.
Any commission licensee who transfers low-level radioactive waste for disposal
at a licensed land disposal facility is subject to applicable rules of the
Texas Department of Health with respect to transfers.
(b)
Beginning March 1, 1998, a licensed land disposal facility
operator shall use and comply with the requirements of §336.363, Appendix
F, of this title (relating to Requirements for Receipt of Low-Level Radioactive
Waste for Disposal at Licensed Land Disposal Facilities and Uniform Manifests).
Before March 1, 1998, a land disposal facility operator shall use and comply
with the requirements of §336.361, Appendix D, of this title (relating
to Requirements for Receipt of Low-Level Radioactive Waste for Disposal at
Licensed Land Disposal Facilities and Manifests), unless the land disposal
facility operator elects to use and comply with the requirements of §336.363,
Appendix F of this title. Before March 1, 1998, a licensed land disposal
facility operator may require that shipments of waste received at the facility
have the uniform manifest prescribed in §336.363, Appendix F of this
title, or the manifest prescribed in §336.361, Appendix D of this title.
§336.339.Texas Department of Health Inspection and Regulation of Shipments of Radioactive Waste.
(a)
Each shipment of radioactive waste to a licensed land disposal
facility in Texas is subject to inspection by the Texas Department of Health
before shipment.
(b)
Shipment and transportation of radioactive waste to a licensed
land disposal facility in Texas are subject to applicable rules of the Texas
Department of Health, United States Department of Transportation, and United
States Nuclear Regulatory Commission.
§336.340.Compliance with Environmental and Health Protection Regulations.
Nothing in this subchapter relieves the licensee from complying with
other applicable federal, state, and local regulations governing any other
toxic or hazardous properties of materials that may be disposed of under
the rules in this chapter.
§336.341.General Requirements for Recordkeeping.
(a)
Each licensee shall use the units curie, rad, and rem,
including multiples and subdivisions, and shall clearly indicate the units
of all quantities on records required by this subchapter. Disintegrations
per minute may be indicated on records of surveys performed to determine
compliance with §336.357 of this title (relating to Surface Contamination
Limits for Facilities and Equipment) and §336.364, Appendix G, of this
title (relating to Acceptable Surface Contamination Levels).
(b)
Notwithstanding the requirements of subsection (a) of this
section, information on shipment manifests for wastes received at a licensed
land disposal facility, as required by §336.338(b) of this title (relating
to Transfer for Disposal at Licensed Land Disposal Facility and Manifests),
shall be recorded in SI units (becquerel, gray, and sievert) or in SI and
units as specified in subsection (a) of this section.
(c)
The licensee shall make a clear distinction among the quantities
entered on the records required by this subchapter, such as total effective
dose equivalent, shallow-dose equivalent, eye dose equivalent, deep-dose
equivalent, and committed effective dose equivalent.
§336.342.Records of Radiation Protection Programs.
(a)
Each licensee shall maintain records of the radiation protection
program, including:
(1)
the provisions of the program; and
(2)
audits and other reviews of program content and implementation.
(b)
The licensee shall retain the records required by subsection
(a)(1) of this section until the commission terminates each pertinent license
requiring the record. The licensee shall retain the records required by subsection
(a)(2) of this section for 3 years after the record is made.
§336.343.Records of Surveys.
(a)
Each licensee shall maintain records showing the results
of surveys and calibrations required by §336.315 of this title (relating
to General Requirements for Surveys and Monitoring) and §336.330(b)
of this title (relating to Procedures for Receiving and Opening Packages).
The licensee shall retain these records for 3 years after the record is made.
(b)
The licensee shall retain each of the following records
until the commission terminates each pertinent license requiring the record:
(1)
results of surveys to determine the dose from external
sources of radiation and used, in the absence of or in combination with individual
monitoring data, in the assessment of individual dose equivalents. This includes
those records of results of surveys to determine the dose from external sources
and used, in the absence of or in combination with individual monitoring
data, in the assessment of individual dose equivalents required under the
standards for protection against radiation in effect before January 1, 1994;
(2)
results of measurements and calculations used to determine
individual intakes of radioactive material and used in the assessment of
internal dose. This includes those records of the results of measurements
and calculations used to determine individual intakes of radioactive material
and used in the assessment of internal dose required under the standards
for protection against radiation in effect before January 1, 1994.
(3)
results of air sampling, surveys, and bioassays required
under §336.321(a)(3)(A) and (B) of this title (relating to Use of Individual
Respiratory Protection Equipment). This includes those records showing the
results of air sampling, surveys, and bioassays required under the standards
for protection against radiation in effect before January 1, 1994.
(4)
results of measurements and calculations used to evaluate
the release of radioactive effluents to the environment. This includes those
records of the results of measurements and calculations used to evaluate
the release of radioactive effluents to the environment required under the
standards for protection against radiation in effect before January 1, 1994.
§336.344.Records of Prior Occupational Dose.
The licensee shall retain the records of prior occupational radiation
dose and exposure history as specified in §336.309 of this title (relating
to Determination of Prior Occupational Dose) on form "Cumulative Occupational
Exposure History" (§336.367, Appendix J of this title) or equivalent
until the commission terminates each pertinent license requiring this record.
The licensee shall retain records used in preparing form "Cumulative Occupational
Exposure History" (§336.367, Appendix J of this title) or equivalent
for 3 years after the record is made. This includes records required under
the standards for protection against radiation in effect before January 1,
1994.
§336.345.Records of Planned Special Exposures.
(a)
For each use of the provisions of §336.310 of this
title (relating to Planned Special Exposures) for planned special exposures,
the licensee shall maintain records that describe:
(1)
the exceptional circumstances requiring the use of a planned
special exposure;
(2)
the name of the management official who authorized
the planned special exposure and a copy of the signed authorization;
(3)
what actions were necessary;
(4)
why the actions were necessary;
(5)
what precautions were taken to assure that doses were
maintained ALARA;
(6)
what individual and collective doses were expected
to result; and
(7)
the doses actually received in the planned special
exposure.
(b)
The licensee shall retain the records until the commission
terminates each pertinent license requiring these records.
§336.346.Records of Individual Monitoring Results.
(a)
Recordkeeping requirement. Each licensee shall maintain
records of doses received by all individuals for whom monitoring was required
under §336.316 of this title (relating to Conditions Requiring Individual
Monitoring of External and Internal Occupational Dose) and records of doses
received during planned special exposures, accidents, and emergency conditions.
Assessments of dose equivalent and records made using units in effect before
January 1, 1994, need not be changed. These records shall include, when applicable:
(1)
the deep-dose equivalent to the whole body, eye dose equivalent,
shallow-dose equivalent to the skin, and shallow-dose equivalent to the extremities;
(2)
the estimated intake or body burden of radionuclides
(see §336.306 of this title (relating to Compliance with Requirements
for Summation of External and Internal Doses));
(3)
the committed effective dose equivalent assigned to
the intake or body burden of radionuclides;
(4)
the specific information used to calculate the committed
effective dose equivalent under §336.308(c) of this title (relating
to Determination of Internal Exposure);
(5)
the total effective dose equivalent when required
by §336.306 of this title (relating to Compliance with Requirements
for Summation of External and Internal Doses); and
(6)
the total of the deep-dose equivalent and the committed
dose to the organ receiving the highest total dose.
(b)
Recordkeeping frequency. The licensee shall make entries
of the records specified in subsection (a) of this section at intervals not
to exceed 1 year.
(c)
Recordkeeping format. The licensee shall maintain the records
specified in subsection (a) of this section on form "Occupational Exposure
Record for a Monitoring Period" (see §336.368, Appendix K of this title
(relating to Occupational Exposure Record for a Monitoring Period)), in accordance
with the instructions for that form, or in clear and legible records containing
all the information required by form.
(d)
The licensee shall maintain the records of dose to an embryo/fetus
with the records of dose to the declared pregnant woman. The declaration
of pregnancy, including the estimated date of conception, shall also be kept
on file but may be maintained separately from the dose records.
(e)
The licensee shall retain each required form or record
until the commission terminates each pertinent license requiring the form
or record. This includes records required under the standards for protection
against radiation in effect before January 1, 1994.
§336.347.Records of Dose to Individual Members of the Public.
(a)
Each licensee shall maintain records sufficient to demonstrate
compliance with the dose limit for individual members of the public. See
§336.313 of this title (relating to Dose Limits for Individual Members
of the Public).
(b)
The licensee shall retain the records required by subsection
(a) of this section until the commission terminates each pertinent license
requiring the record.
§336.348.Records of Waste Disposal.
(a)
Each licensee shall maintain records of the disposal of
licensed materials made under §336.332 of this title (relating to Method
of Obtaining Approval of Proposed Disposal Procedures), §336.333 of
this title (relating to Disposal by Release into Sanitary Sewerage), §336.336
of this title (relating to Treatment or Disposal by Incineration), §336.337
of this title (relating to Disposal of Specific Wastes); made by transfer
to an authorized recipient under §336.331(a)(1)-(3) of this title (relating
to General Requirements for Waste Disposal); or made under license authorization
issued under Subchapter F of this chapter (relating to Licensing of Alternative
Methods of Disposal of Radioactive Material), Subchapter G of this chapter
(relating to Licensing Requirements for Source Material (Uranium or Thorium)
Recovery and Processing Facilities), or Subchapter H of this chapter (relating
to Licensing Requirements for Near-Surface Land Disposal of Radioactive Waste).
Each licensee shall also maintain records of the disposal of licensed materials
by burial in soil, including burials authorized by Texas Department of Health
rules before May 1977.
(b)
The licensee shall retain the records required by subsection
(a) of this section until the commission terminates each pertinent license
requiring the record. This includes records required under the standards
for protection against radiation in effect before January 1, 1994.
§336.349.Form of Records.
Each record required by this subchapter shall be legible throughout
the specified retention period. The record shall be the original or a reproduced
copy or a microform, provided that the copy or microform is authenticated
by authorized personnel and that the microform is capable of producing a
clear copy throughout the required retention period. The record may also
be stored in electronic media with the capability for producing legible,
accurate, and complete records during the required retention period. Records,
such as letters, drawings, and specifications, shall include all pertinent
information, such as stamps, initials, and signatures. The licensee shall
maintain adequate safeguards against tampering with and loss of records.
§336.350.Reports of Stolen, Lost, or Missing Licensed Radioactive Material.
(a)
Telephone reports. Each licensee shall report to the executive
director or staff by telephone as follows:
(1)
immediately after its occurrence becomes known to the licensee,
any stolen, lost, or missing licensed radioactive material in an aggregate
quantity equal to or greater than 1,000 times the quantity specified in §336.360,
Appendix C, of this title (relating to Quantities of Licensed Material Requiring
Labeling) under those circumstances that it appears to the licensee that
an exposure could result to individuals in unrestricted areas; or
(2)
within 30 days after its occurrence becomes known
to the licensee, any stolen, lost, or missing licensed radioactive material
in an aggregate quantity greater than 10 times the quantity specified in
§336.360, Appendix C, of this title that is still missing.
(b)
Written reports. Each licensee required to make a report
under subsection (a) of this section shall, within 30 days after making the
telephone report, make a written report to the executive director setting
forth the following information:
(1)
a description of the licensed radioactive material involved,
including the kind, quantity, and chemical and physical form;
(2)
a description of the circumstances under which the
loss or theft occurred;
(3)
a statement of disposition, or probable disposition,
of the licensed material involved;
(4)
exposures of individuals to radiation, circumstances
under which the exposures occurred, and the possible total effective dose
equivalent to persons in unrestricted areas;
(5)
actions that have been taken, or will be taken, to
recover the licensed material; and
(6)
procedures or measures that have been, or will be,
adopted to ensure against a recurrence of the loss or theft of licensed material.
(c)
Subsequent to filing the written report, the licensee shall
also report any additional substantive information on the loss or theft within
30 days after the licensee learns of this information.
(d)
The licensee shall prepare any report filed with the executive
director under this section so that names of individuals who may have received
exposure to radiation or radioactive material are stated in a separate and
detachable part of the report.
§336.351.Notification of Incidents.
(a)
Immediate notification. Notwithstanding any other requirements
for notification, each licensee shall immediately report to the executive
director or staff each event involving licensed radioactive material possessed
by the licensee that may have caused or threatens to cause any of the following
conditions:
(1)
an individual to receive:
(A)
a total effective dose equivalent of 25 rems (0.25 sievert)
or more;
(B)
an eye dose equivalent of 75 rems (0.75 sievert) or more;
or
(C)
a shallow-dose equivalent to the skin or extremities or
a total organ dose equivalent of 250 rads (2.5 grays) or more; or
(2)
the release of radioactive material, inside or
outside of a restricted area, so that, had an individual been present for
24 hours, the individual could have received an intake 5 times the ALI. This
provision does not apply to locations where personnel are not normally stationed
during routine operations, such as hot-cells or process enclosures.
(b)
Twenty-four hour notification. Each licensee shall, within
24 hours of discovery of the event, report to the executive director or staff
any event involving loss of control of licensed material possessed by the
licensee that may have caused, or threatens to cause, any of the following
conditions:
(1)
an individual to receive, in a period of 24 hours:
(A)
total effective dose equivalent exceeding 5 rems (0.05
sievert);
(B)
an eye dose equivalent exceeding 15 rems (0.15 sievert);
or
(C)
a shallow-dose equivalent to the skin or extremities or
a total organ dose equivalent exceeding 50 rems (0.5 sievert); or
(2)
the release of radioactive material, inside or
outside of a restricted area, so that, had an individual been present for
24 hours, the individual could have received an intake in excess of one ALI.
This provision does not apply to locations where personnel are not normally
stationed during routine operations, such as hot-cells or process enclosures.
(c)
The licensee shall prepare any report filed with the executive
director or staff under this section so that names of individuals who may
have received exposure to radiation or radioactive material are stated in
a separate and detachable part of the report.
(d)
Licensees shall make the reports required by subsections
(a) and (b) of this section by telephone and shall confirm the telephone
report within 24 hours by telegram, mailgram, or facsimile.
(e)
The provisions of this section do not apply to doses that
result from planned special exposures, provided those doses are within the
limits for planned special exposures and are reported under §336.353
of this title (relating to Reports of Planned Special Exposures).
§336.352.Reports of Exposures, Radiation Levels, and Concentrations of Radioactive Material Exceeding the Limits.
(a)
Reportable events. In addition to the notification required
by §336.351 of this title (relating to Notification of Incidents),
each licensee shall submit a written report to the executive director within
30 days after learning of any of the following occurrences:
(1)
any incident for which notification is required by §336.351
of this title; or
(2)
doses in excess of any of the following:
(A)
the occupational dose limits for adults in §336.305
of this title (relating to Occupational Dose Limits for Adults);
(B)
the occupational dose limits for minors in §336.311
of this title (relating to Occupational Dose Limits for Minors);
(C)
the limits for an embryo/fetus of a declared pregnant
woman in §336.312 of this title (relating to Dose to an Embryo/Fetus);
(D)
the limits for an individual member of the public in §336.313
of this title (relating to Dose Limits for Individual Members of the Public);
or
(E)
any applicable limit in the license; or
(3)
levels of radiation or concentrations of radioactive
material in:
(A)
a restricted area in excess of applicable limits in the
license; or
(B)
an unrestricted area in excess of 10 times any applicable
limit set forth in this subchapter or in the license, whether or not involving
exposure of any individual in excess of the limits in §336.313 of this
title (relating to Dose Limits for Individual Members of the Public); or
(4)
for licensees subject to the provisions of the
United States Environmental Protection Agency's generally applicable environmental
radiation standards in 40 CFR Part 190 (relating to Environmental Radiation
Protection Standards for Nuclear Power Operations), levels of radiation or
releases of radioactive material in excess of those standards or of license
conditions related to those standards.
(b)
Contents of reports.
(1)
Each report required by subsection (a) of this section
shall describe the extent of exposure of individuals to radiation and radioactive
material, including, as appropriate:
(A)
estimates of each individual's dose;
(B)
the levels of radiation and concentrations of radioactive
material involved;
(C)
the cause of the elevated exposures, dose rates, or concentrations;
and
(D)
corrective steps taken or planned to ensure against a
recurrence, including the schedule for achieving conformance with applicable
limits, generally applicable environmental standards, and associated license
conditions.
(2)
Each report filed under subsection (a) of this
section shall include for each individual exposed the name, social security
number, and date of birth. With respect to the limit for the embryo/fetus
in §336.312 of this title (relating to Dose to an Embryo/Fetus), the
identifiers should be those of the declared pregnant woman. The report shall
be prepared so that this information is stated in a separate and detachable
part of the report.
§336.353.Reports of Planned Special Exposures.
The licensee shall submit a written report to the executive director
within 30 days following any planned special exposure conducted in accordance
with §336.310 of this title (relating to Planned Special Exposures),
informing the executive director that a planned special exposure was conducted
and indicating the date the planned special exposure occurred and the information
required by §336.345 of this title (relating to Records of Planned Special
Exposures).
§336.354.Reports to Individuals.
(a)
Reports to individuals of exceeding dose limits. When a
licensee is required, under the provisions of §336.352 of this title
(relating to Reports of Exposures, Radiation Levels, and Concentrations of
Radioactive Material Exceeding the Limits), §336.353 of this title (relating
to Reports of Planned Special Exposures), or §336.355 of this title
(relating to Reports of Individual Monitoring), to report to the executive
director any exposure of an identified occupationally-exposed individual,
or an identified member of the public, to radiation or radioactive material,
the licensee shall also provide a copy of the report submitted to the executive
director to the individual. This report must be transmitted at a time not
later than the transmittal to the executive director.
(b)
Notifications and reports to individuals. In addition to
the reports to individuals under subsection (a) of this section, each licensee
shall provide notification and reports to individuals of exposure to radiation
or radioactive material as specified in §336.405 of this title (relating
to Notifications and Reports to Individuals).
§336.355.Reports of Individual Monitoring.
(a)
Each person licensed by the commission to receive radioactive
waste from other persons for disposal under Subchapter H of this chapter
(relating to Licensing Requirements for Near-Surface Land Disposal of Radioactive
Waste) shall submit an annual report of the results of individual monitoring
carried out by the licensee for each individual for whom monitoring was required
by §336.316 of this title (relating to Conditions Requiring Individual
Monitoring of External and Internal Occupational Dose) during that year.
The licensee may include additional data for individuals for whom monitoring
was provided but not required. The licensee shall use the form "Occupational
Exposure Record for a Monitoring Period" (see §336.368, Appendix K of
this title (relating to Occupational Exposure Record for a Monitoring Period))
or a clear and legible record containing all the information required by
that form.
(b)
The licensee shall submit the report required by subsection
(a) of this section, covering the preceding year, to the executive director
on or before April 30 of each year.
§336.356.Soil and Vegetation Contamination Limits.
(a)
No licensee may possess, receive, use, or transfer licensed
radioactive material in such a manner as to cause contamination of soil or
vegetation in unrestricted areas to the extent that the contamination exceeds
the background level by more than:
(1)
the concentration limits, based on dry weight, specified
in §336.366, Appendix I, of this title (relating to Soil and Vegetation
Contamination Limits for Selected Radionuclides);
(2)
the concentration limits, based on dry weight, taken
from the concentrations in Table III of §336.359, Appendix B, of this
title (relating to Annual Limits on Intake (ALI) and Derived Air Concentrations
(DAC) of Radionuclides for Occupational Exposure; Effluent Concentrations;
Concentrations for Release to Sanitary Sewerage) with the units converted
from microcuries per milliliter (μCi/ml) to microcuries per gram (μCi/g),
for radionuclides not specified in §336.366, Appendix I, of this title,
except as provided in paragraphs (3) and (4) of this subsection;
(3)
for radium-226 or radium-228 in soil, the following
limits, based on dry weight, averaged over any 100 square meters of area:
(A)
5 picocuries/gram (pCi/g), averaged over the first 15
centimeters of soil below the surface;
(B)
15 pCi/g, averaged over 15-centimeter thick layers of
soil more than 15 centimeters below the surface;
(4)
for radium-226 or radium-228 in vegetation, 5
pCi/g, based on dry weight; and
(5)
for natural uranium, the following limits, based on
dry weight, averaged over any 100 square meters of area:
(A)
30 pCi/g, averaged over the top 15 centimeters of soil
below the surface;
(B)
150 pCi/g, average concentration at depths greater than
15 centimeters below the surface.
(b)
Where combinations of radionuclides are involved, the sum
of the ratios between the concentrations present and the limits specified
in subsection (a) of this section shall not exceed 1.
(c)
Notwithstanding the limits set forth in subsection (a)
of this section, each licensee shall make every reasonable effort to maintain
any contamination of soil or vegetation ALARA.
(d)
If contamination caused by the licensee is detected in
an unrestricted area, the licensee shall decontaminate any unrestricted area
which is contaminated above the limits specified in subsection (a) of this
section.
(e)
Not withstanding the limits set forth in subsection (a)
of this section, contamination levels must be maintained in unrestricted
areas so that no individual member of the public will receive an effective
dose equivalent in excess of 0.1 rem above background (100 mR/yr) in a year.
(f)
Each licensee shall decommission the licensed facilities
and land to allow use as an unrestricted area. No licensee may vacate a facility
or land or release a facility or land for unrestricted use until the concentrations
of licensed radioactive material are below the limits specified in subsection
(a)of this section. The licensee shall conduct radiation surveys and provide
reports and documentation to demonstrate that the requirements for release
have been met. The executive director may also require the licensee to provide
other information as may be necessary to demonstrate that the facilities
and land are suitable for release.
§336.357.Surface Contamination Limits for Facilities and Equipment.
(a)
Before vacating any facility or releasing any facility
or equipment for unrestricted use, each licensee shall ensure that radioactive
contamination has been removed to levels ALARA.
(b)
No licensee may vacate a facility or release a facility
or equipment for unrestricted use until radioactive surface contamination
levels are below the limits specified in §336.364, Appendix G, of this
title (relating to Acceptable Surface Contamination Levels). The licensee
shall conduct radiation surveys and provide reports and documentation to
demonstrate that the requirements for release have been met. The executive
director may also require the licensee to provide other information as may
be necessary to demonstrate that the facilities and equipment are suitable
for release.
(c)
In addition to meeting the surface contamination limits
of subsection (b) of this section, porous materials (e.g., concrete), which
are to be released for unrestricted use, shall be evaluated to determine
whether radioactive materials have penetrated to the interior of the material.
If radioactive contamination has penetrated into the material, analysis of
the average concentration, in picocuries per gram, shall be made. The material
may be released for unrestricted use if the radionuclide concentrations do
not exceed the limits specified for soil in §336.356(a) of this title
(relating to Soil and Vegetation Contamination Limits).
§336.358.Appendix A. Protection Factors for Respirators.
Figure 1: 30 TAC §336.358, Appendix A
§336.359.Appendix B Annual Limits on Intake (ALI) and Derived Air Concentrations (DAC) of Radionuclides for Occupational Exposure; Effluent Concentrations; Concentrations for Release to Sanitary Sewerage.
(a)
Introduction. For each radionuclide, Table I indicates
the chemical form that is to be used for selecting the appropriate annual
limit on intake (ALI) or derived air concentration (DAC) value. The ALIs
and DACs for inhalation are given for an aerosol with an activity median
aerodynamic diameter (AMAD) of 1 micrometer and for three classes (D,W,Y)
of radioactive material, which refer to their retention (approximately days,
weeks, or years) in the pulmonary region of the lung. This classification
applies to a range of clearance half-times for D of less than 10 days, for
W from 10 to 100 days, and for Y greater than 100 days.
(1)
The class (D, W, or Y) given in the column headed "Class"
applies only to the inhalation ALIs and DACs given in Table I, Columns 2
and 3. Table II provides concentration limits for airborne and liquid effluents
released to the general environment. Table III provides concentration limits
for discharges to sanitary sewerage.
(2)
The values in Tables I, II, and III are presented
in the computer "E" notation. In this notation, a value of 6E-02 represents
a value of 6 x 10
-2
or 0.06, 6E+2 represents
6 x 10
2
or 600, and 6E+0 represents 6 x 10
(b)
Table I, "Occupational Values". Note that the columns in
Table I of this appendix captioned "Oral Ingestion ALI," "Inhalation ALI,"
and "DAC," are applicable to occupational exposure to radioactive material.
(1)
The ALIs in this appendix are the annual intakes of a given
radionuclide by "reference man" that would result in either a committed effective
dose equivalent of 5 rems (0.05 sievert) (stochastic ALI) or a committed
dose equivalent of 50 rems (0.5 sievert) to an organ or tissue (non-stochastic
ALI). The stochastic ALIs were derived to result in a risk, due to irradiation
of organs and tissues, comparable to the risk associated with deep dose equivalent
to the whole body of 5 rems (0.05 sievert). The derivation includes multiplying
the committed dose equivalent to an organ or tissue by a weighting factor,
w
T
. This weighting factor is the proportion
of the risk of stochastic effects resulting from irradiation of the organ
or tissue, T, to the total risk of stochastic effects when the whole body
is irradiated uniformly. The values of w
T
are
listed under the definition of "weighting factor" in §336.2 of this
title (relating to Definitions). The non-stochastic ALIs were derived to
avoid non-stochastic effects, such as prompt damage to tissue or reduction
in organ function.
(2)
A value of w
T
= 0.06
is applicable to each of the five organs or tissues in the "remainder" category
receiving the highest dose equivalents, and the dose equivalents of all other
remaining tissues may be disregarded. The following parts of the GI tract--
stomach, small intestine, upper large intestine, and lower large intestine--are
to be treated as four separate organs.
(3)
Note that the dose equivalents for an extremity, skin,
and lens of the eye are not considered in computing the committed effective
dose equivalent but are subject to limits that must be met separately. When
an ALI is defined by the stochastic dose limit, this value alone is given.
(4)
When an ALI is determined by the non-stochastic dose
limit to an organ, the organ or tissue to which the limit applies is shown,
and the ALI for the stochastic limit is shown in parentheses. The following
abbreviated organ or tissue designations are used:
(A)
LLI wall = lower large intestine wall;
(B)
St wall = stomach wall;
(C)
Blad wall = bladder wall; and
(D)
Bone surf = bone surface.
(5)
The use of the ALIs listed first, the more limiting
of the stochastic and non-stochastic ALIs, will ensure that non-stochastic
effects are avoided and that the risk of stochastic effects is limited to
an acceptably low value. If, in a particular situation involving a radionuclide
for which the non-stochastic ALI is limiting, use of that non-stochastic
ALI is considered unduly conservative, the licensee may use the stochastic
ALI to determine the committed effective dose equivalent. However, the licensee
shall also ensure that the 50-rem (0.5 sievert) dose equivalent limit for
any organ or tissue is not exceeded by the sum of the external deep dose
equivalent plus the internal committed dose equivalent to that organ (not
the effective dose). For the case where there is no external dose contribution,
this would be demonstrated if the sum of the fractions of the nonstochastic
ALIs (ALI
ns
) that contribute to the committed
dose equivalent to the organ receiving the highest dose does not exceed 1 Σ
(i.e., (intake in μCi of each radionuclide/ALI
ns
) ≤ 1.0). If there is an external deep-dose equivalent contribution
of H
d,
then this sum must be less than 1- (H
d
/50), instead of ≤ 1.0.
(6)
The DAC values are derived limits intended to control
chronic occupational exposures. The relationship between the DAC and the
ALI is given by:
Figure 1: 30 TAC §336.359(b)(5)
(7)
The DAC values relate to one of two modes of exposure:
either external submersion or the internal committed dose equivalents resulting
from inhalation of radioactive materials. The DAC values based upon submersion
are for immersion in a semi-infinite cloud of uniform concentration and apply
to each radionuclide separately.
(8)
The ALI and DAC values include contributions to exposure
by the single radionuclide named and any in-growth of daughter radionuclides
produced in the body by decay of the parent. However, intakes that include
both the parent and daughter radionuclides shall be treated by the general
method appropriate for mixtures.
(9)
The values of ALI and DAC do not apply directly when
the individual both ingests and inhales a radionuclide, when the individual
is exposed to a mixture of radionuclides by either inhalation or ingestion
or both, or when the individual is exposed to both internal and external
irradiation (see §336.306 of this title (relating to Compliance with
Requirements for Summation of External and Internal Doses)). When an individual
is exposed to radioactive materials which fall under several of the translocation
classifications of the same radionuclide (i.e., Class D, Class W, or Class
Y), the exposure may be evaluated as if it were a mixture of different radionuclides.
(10)
It shall be noted that the classification of a compound
as Class D, W, or Y is based on the chemical form of the compound and does
not take into account the radiological half-life of different radionuclides.
For this reason, values are given for Class D, W, and Y compounds, even for
very short-lived radionuclides.
(c)
Table II, "Effluent Concentrations". The columns in Table
II of this appendix captioned "Effluent Concentrations," "Air," and "Water"
are applicable to the assessment and control of dose to the public, particularly
in the implementation of the provisions of §336.314 of this title (relating
to Compliance with Dose Limits for Individual Members of the Public). The
concentration values given in Columns 1 and 2 of Table II are equivalent
to the radionuclide concentrations which, if inhaled or ingested continuously
over the course of a year, would produce a total effective dose equivalent
of 0.05 rem (0.5 millisievert).
(1)
Consideration of non-stochastic limits has not been included
in deriving the air and water effluent concentration limits because non-stochastic
effects are presumed not to occur at or below the dose levels established
for individual members of the public. For radionuclides, where the non-stochastic
limit was governing in deriving the occupational DAC, the stochastic ALI
was used in deriving the corresponding airborne effluent limit in Table II.
For this reason, the DAC and airborne effluent limits are not always proportional.
(2)
The air concentration values listed in Table II, Column
1, were derived by one of two methods. For those radionuclides for which
the stochastic limit is governing, the occupational stochastic inhalation
ALI was divided by 2.4 x 10
9
ml, relating the
inhalation ALI to the DAC and then divided by a factor of 300. The factor
of 300 is composed of a factor of 50 to relate the 5-rem (0.05 sievert) annual
occupational dose limit to the 0.1 rem (1 millisievert) limit for members
of the public, a factor of 3 to adjust for the difference in exposure time
and the inhalation rate for a worker and that for members of the public;
and a factor of 2 to adjust the occupational values (derived for adults)
so that they are applicable to other age groups.
(3)
For those radionuclides for which submersion (external
dose) is limiting, the occupational DAC in Table I, Column 3, was divided
by 219. The factor of 219 is composed of a factor of 50 and a factor of 4.38
relating occupational exposure for 2,000 hours/year to full-time exposure
(8,760 hours/year). Note that an additional factor of 2 for age considerations
is not warranted in the submersion case.
(4)
The water concentrations were derived by taking the
most restrictive occupational stochastic oral ingestion ALI and dividing
by 7.3 x 10
7
ml. The factor of 7.3 x 10
(5)
Note 6 of this appendix provides groupings of radionuclides
that are applicable to unknown mixtures of radionuclides. These groupings,
including occupational inhalation ALIs and DACs, air and water effluent concentrations,
and releases to sewerage, require demonstrating that the most limiting radionuclides
in successive classes are absent. The limit for the unknown mixture is defined
when the presence of one of the listed radionuclides cannot be definitely
excluded either from knowledge of the radionuclide composition of the source
or from actual measurements.
(d)
Table III, "releases to sewers". The monthly average concentrations
for release to sanitary sewerage are applicable to the provisions in §336.333
of this (relating to Disposal by Release into Sanitary Sewerage). The concentration
values were derived by taking the most restrictive occupational stochastic
oral ingestion ALI and dividing by 7.3 x 10
6
ml.
The factor of 7.3 x 10
6
ml is composed of a
factor of 7.3 x 10
5
ml, the annual water intake
by "reference man," and a factor of 10, such that the concentrations, if
the sewage released by the licensee were the only source of water ingested
by a "reference man" during a year, would result in a committed effective
dose equivalent of 0.5 rem (5 millisieverts).
§336.360.Appendix C. Quantities of Licensed Material Requiring Labeling.
Figure 1: 30 TAC §336.360, Appendix C
§336.361.Appendix D. Requirements for Receipt of Low-Level Radioactive Waste for Disposal at Licensed Land Disposal Facilities and Manifests.
(a)
Manifest. The operator of a licensed low-level radioactive
waste land disposal facility shall not receive for disposal any waste which
does not have a completed shipment manifest which meets the requirements
of applicable rules of the Texas Department of Health, including all prescribed
information and certifications. The manifest required by this subsection
may be shipping papers used to meet United States Department of Transportation
or United States Environmental Protection Agency regulations or the requirements
of the land disposal facility, provided all the required information is included.
Copies of manifests required by this subsection may be legible carbon copies
or legible photocopies.
(b)
Control and tracking.
(1)
The licensed land disposal facility operator shall acknowledge
receipt of the waste within 1 week of receipt by returning a signed copy
of the manifest or equivalent documentation to the shipper. The shipper to
be notified is that who last possessed the waste and transferred the waste
to the operator. The returned copy of the manifest or equivalent documentation
shall indicate any discrepancies between materials listed on the manifest
and materials received.
(2)
The land disposal facility operator shall maintain
copies of all completed manifests or equivalent documentation until the license
is terminated. This includes those manifests or equivalent documents required
under the standards for protection against radiation in effect before January
1, 1994.
(3)
The land disposal facility operator shall notify the
shipper (i.e., the generator, collector, or processor), the Texas Department
of Health, and the executive director when any shipment or part of a shipment
has not arrived within 60 days after the advance manifest was received.
§336.362. Appendix E. Classification and Characteristics of Low-Level Radioactive Waste.
(a)
Classification of radioactive waste for near-surface disposal.
(1)
Considerations. Determination of the classification of
radioactive waste involves two considerations. First, consideration must
be given to the concentration of long-lived radionuclides (and their shorter-lived
precursors) whose potential hazards persist long after precautions such as
institutional controls, improved waste form, and deeper disposal have ceased
to be effective. These precautions delay the time when long-lived radionuclides
could cause exposures. In addition, the magnitude of the potential dose is
limited by the concentration and availability of the radionuclide at the
time of exposure. Second, consideration must be given to the concentration
of shorter-lived radionuclides for which requirements on institutional controls,
waste form, and disposal methods are effective.
(2)
Classes of waste.
(A)
Class A waste is waste that is usually segregated from
other waste classes at the disposal site. The physical form and characteristics
of Class A waste must meet the minimum requirements set forth in subsection
(b)(1) of this appendix. If Class A waste also meets the stability requirements
set forth in subsection (b)(2) of this appendix, it is not necessary to segregate
the waste for disposal.
(B)
Class B waste is waste that must meet more rigorous requirements
on waste form to ensure stability after disposal. The physical form and characteristics
of Class B waste must meet both the minimum and stability requirements set
forth in subsection (b) of this appendix.
(C)
Class C waste is waste that not only must meet more rigorous
requirements on waste form to ensure stability but also requires additional
measures at the disposal facility to protect against inadvertent intrusion.
The physical form and characteristics of Class C waste must meet both the
minimum and stability requirements set forth in subsection (b) of this appendix.
(D)
Waste that is not generally acceptable for near-surface
disposal is waste for which form and disposal methods must be different,
and in general more stringent, than those specified for Class C waste. Disposal
of this waste is regulated by the United States Nuclear Regulatory Commission.
(3)
Classification determined by long-lived radionuclides.
If the radioactive waste contains only radionuclides listed in Table I, classification
shall be determined as follows:
(A)
If the concentration does not exceed 0.1 times the value
in Table I, the waste is Class A.
(B)
If the concentration exceeds 0.1 times the value in Table
I but does not exceed the value in Table I, the waste is Class C.
(C)
If the concentration exceeds the value in Table I, the
waste is not generally acceptable for near-surface disposal.
(D)
For wastes containing mixtures of radionuclides listed
in Table I, the total concentration shall be determined by the sum of fractions
rule described in paragraph (7) of this subsection.
Figure 1: 30 TAC §336.362(a)(3)(D), Appendix E
(4)
Classification determined by short-lived radionuclides.
If the radioactive waste does not contain any of the radionuclides listed
in Table I, classification shall be determined based on the concentrations
shown in Table II. However, as specified in paragraph (6) of this subsection,
if radioactive waste does not contain any nuclides listed in either Table
I or II, it is Class A.
(A)
If the concentration does not exceed the value in Column
1, the waste is Class A.
(B)
If the concentration exceeds the value in Column 1 but
does not exceed the value in Column 2, the waste is Class B.
(C)
If the concentration exceeds the value in Column 2 but
does not exceed the value in Column 3, the waste is Class C.
(D)
If the concentration exceeds the value in Column 3, the
waste is not generally acceptable for near-surface disposal.
(E)
For wastes containing mixtures of the radionuclides listed
in Table II, the total concentration shall be determined by the sum of fractions
rule described in paragraph (7) of this subsection.
Figure 2: 30 TAC §336.362(a)(4)(E), Appendix E
(5)
Classification determined by both long- and short-lived
radionuclides. If the radioactive waste contains a mixture of radionuclides,
some of which are listed in Table I and some of which are listed in Table
II, classification shall be determined as follows:
(A)
If the concentration of a radionuclide listed in Table
I does not exceed 0.1 times the value listed in Table I, the class shall
be that determined by the concentration of radionuclides listed in Table
II.
(B)
If the concentration of a radionuclide listed in Table
I exceeds 0.1 times the value listed in Table I but does not exceed the value
in Table I, the waste shall be Class C, provided the concentration of radionuclides
listed in Table II does not exceed the value shown in Column 3 of Table II.
(6)
Classification of wastes with radionuclides other
than those listed in Tables I and II. If the waste does not contain any radionuclides
listed in either Table I or II, it is Class A.
(7)
The sum of the fractions rule for mixtures of radionuclides.
For determining classification for waste that contains a mixture of radionuclides,
it is necessary to determine the sum of fractions by dividing each radionuclide's
concentration by the appropriate limit and adding the resulting values. The
appropriate limits must all be taken from the same column of the same table.
The sum of the fractions for the column must be less than 1.0 if the waste
class is to be determined by that column. For example, if a waste contains
strontium-90 in a concentration of 50 curies/cubic meter (Ci/m
3
) (1.85 terabecquerels/m
3
) and cesium-137
in a concentration of 22 Ci/m
3
(814 gigabecquerels/m
(8)
Determination of concentrations in wastes. The concentration
of a radionuclide may be determined by indirect methods, such as use of scaling
factors which relate the inferred concentration of one radionuclide to another
that is measured, or radionuclide material accountability, if there is reasonable
assurance that the indirect methods can be correlated with actual measurements.
The concentration of a radionuclide may be averaged over the volume of the
waste, or weight of the waste if the units are expressed as nanocuries per
gram.
(b)
Radioactive waste characteristics.
(1)
The following are minimum requirements for all classes
of waste and are intended to facilitate handling and to provide protection
of health and safety of personnel at the disposal site.
(A)
Waste shall be packaged in conformance with the conditions
of the license issued for the disposal site. Where the license conditions
for the disposal site are more restrictive than the provisions of this appendix,
the license conditions shall govern.
(B)
Waste shall not be packaged for disposal in cardboard
or fiberboard boxes.
(C)
Liquid waste shall be solidified or packaged in sufficient
absorbent material to absorb twice the volume of the liquid.
(D)
Solid waste containing liquid shall contain as little
free-standing and noncorrosive liquid as is reasonably achievable, but in
no case shall the liquid exceed 1.0% of the volume.
(E)
Waste shall not be readily capable of detonation or of
explosive decomposition or reaction at normal pressures and temperatures
or of explosive reaction with water.
(F)
Waste shall not contain, or be capable of generating,
quantities of toxic gases, vapors, or fumes harmful to persons transporting,
handling, or disposing of the waste. This does not apply to radioactive gaseous
waste packaged in accordance with paragraph (1)(H) of this subsection.
(G)
Waste must not be pyrophoric. Pyrophoric materials contained
in waste shall be treated, prepared, and packaged to be nonflammable.
(H)
Waste in a gaseous form shall be packaged at an absolute
pressure that does not exceed 1.5 atmospheres at 20 degrees Celsius. Total
activity shall not exceed 100 curies (3.7 terabecquerels) per container.
(I)
Waste containing hazardous, biological, pathogenic, or
infectious material shall be treated to reduce to the maximum extent practicable
the potential hazard from the nonradiological materials.
(2)
The following requirements are intended to provide
stability of the waste. Stability is intended to ensure that the waste does
not degrade and affect overall stability of the site through slumping, collapse,
or other failure of the disposal unit and thereby lead to water infiltration.
Stability is also a factor in limiting exposure to an inadvertent intruder,
since it provides a recognizable and nondispersible waste.
(A)
Waste shall have structural stability. A structurally
stable waste form will generally maintain its physical dimensions and its
form, under the expected disposal conditions such as weight of overburden
and compaction equipment, the presence of moisture, and microbial activity
and internal factors such as radiation effects and chemical changes. Structural
stability can be provided by the waste form itself, processing the waste
to a stable form, or placing the waste in a disposal container or structure
that provides stability after disposal.
(B)
Notwithstanding the provisions in paragraphs (1)(C) and
(D) of this subsection, liquid wastes, or wastes containing liquid, shall
be converted into a form that contains as little free-standing and non-corrosive
liquid as is reasonably achievable, but in no case shall the liquid exceed
1.0% of the volume of the waste when the waste is in a disposal container
designed to ensure stability, or 0.5% of the volume of the waste for waste
processed to a stable form.
(C)
Void spaces within the waste and between the waste and
its package shall be reduced to the extent practicable.
(c)
Labeling. Each package of waste shall be clearly labeled
to identify whether it is Class A, Class B, or Class C waste, in accordance
with subsection (a) of this appendix.
§336.363.Appendix F. Requirements for Receipt of Low-Level Radioactive Waste for Disposal at Licensed Land Disposal Facilities and Uniform Manifests.
(a)
Manifest requirements for shipments received at licensed
land disposal facilities.
(1)
Manifest forms required.
(A)
The operator of a licensed low-level radioactive waste
land disposal facility shall not receive for disposal any waste which does
not have a completed manifest which reflects the information requested on
applicable United States Nuclear Regulatory Commission (NRC) Forms 540 (Uniform
Low-Level Radioactive Waste Manifest (Shipping Paper)) and 541 (Uniform Low-Level
Radioactive Waste Manifest (Container and Waste Description)) and, if necessary,
on an applicable NRC Form 542 (Uniform Low-Level Radioactive Waste Manifest
(Manifest Index and Regional Compact Tabulation)), as those forms and requirements
are prescribed in the applicable rules of the Texas Department of Health.
The NRC Forms 540 and 540A must be completed and must physically accompany
the waste shipment received at the licensed land disposal facility. Upon
agreement between the shipper and the licensed land disposal facility, NRC
Forms 541 and 541A and 542 and 542A may be completed, transmitted, and stored
in electronic media with the capability for producing legible, accurate,
and complete records on the respective forms.
(B)
Copies of manifests required by this appendix may be legible
carbon copies, photocopies, or computer printouts that reproduce the data
in the format of the uniform manifest.
(C)
This appendix includes information requirements of the
United States Department of Transportation (DOT), as codified in 49 CFR Part
172. Specific information on hazardous, medical, or other waste that is required
to meet United States Environmental Protection Agency (EPA) rules, as codified
in 40 CFR Parts 259, 261, or elsewhere, is not addressed in this appendix
and must be provided on the required EPA forms. However, the required EPA
forms must accompany the Uniform Low-Level Radioactive Waste Manifest required
by this appendix.
(2)
Definitions. Terms used in this appendix have
the definitions set forth as follows:
(A)
Computer-readable medium-That the regulatory agency's computer
can transfer the information from the medium into its memory.
(B)
NRC Forms 540, 540A, 541, 541A, 542, and 542A-Official
NRC forms referenced in this appendix, as those forms and requirements are
prescribed in the applicable rules of the Texas Department of Health. Forms
received by the licensed land disposal facility need not be the originals
of these forms provided that any substitute forms are equivalent to the original
documentation in respect to content, clarity, size, and location of information.
Upon agreement between the shipper and the licensed land disposal facility,
NRC Forms 541 (and 541A) and 542 (and 542A) may be completed, transmitted,
and stored in electronic media. The electronic media must have the capability
for producing legible, accurate, and complete records in the format of the
uniform manifest.
(C)
Shipper-For purposes of the rules in this appendix, the
waste generator, waste collector, or waste processor who offers low-level
radioactive waste for transportation and consigns the waste to a licensed
land disposal facility operator.
(D)
Shipping paper-NRC Form 540 and, if required, NRC Form
540A, as those forms and requirements are prescribed in the applicable rules
of the Texas Department of Health, which include the information required
by DOT in 49 CFR Part 172.
(E)
Uniform Low-Level Radioactive Waste Manifest or uniform
manifest- The combination of NRC Forms 540, 541, and, if necessary, 542,
and their respective continuation sheets (Forms 540A, 541A, and 542A) as
needed, or equivalent, as those forms and requirements are prescribed in
the applicable rules of the Texas Department of Health.
(3)
Information requirements. The uniform manifest
for waste received for disposal at a licensed land disposal facility shall
include all information required by instructions accompanying the forms and
by the applicable Texas Department of Health rules. This information shall
include, as appropriate, general information, shipment information, disposal
container and waste information, uncontainerized waste information, multi-generator
disposal container information, and certifications.
(b)
Control and tracking.
(1)
The licensed land disposal facility operator shall acknowledge
receipt of the waste within 1 week of receipt by returning, as a minimum,
a signed copy of NRC Form 540 to the shipper, as this form and requirements
are prescribed in the applicable rules of the Texas Department of Health.
The shipper to be notified is that who last possessed the waste and transferred
the waste to the operator. If a discrepancy exists between materials listed
on the uniform manifest and materials received, copies or electronic transfer
of the affected forms must be returned indicating the discrepancy.
(2)
The land disposal facility operator shall maintain
copies of all completed manifests and electronically store the information
required by §336.740(i) of this title (relating to Maintenance of Records
and Reports) until the commission terminates the license.
(3)
The land disposal facility operator shall notify the
shipper, the Texas Department of Health, and the executive director when
any shipment, or part of a shipment, has not arrived within 60 days after
receipt of an advance manifest, unless notified by the shipper that the shipment
has been cancelled.
§336.364.Appendix G. Acceptable Surface Contamination Levels.
Figure 1: 30 TAC §336.364, Appendix G.
§336.365.Appendix H. Radionuclide Concentration and Annual Activity Limits for Disposal in a Type I Municipal Solid Waste Facility or a Hazardous Waste Facility.
Figure 1: 30 TAC §336.365, Appendix H.
§336.366.Appendix I.Soil and Vegetation Contamination Limits for Selected Radionuclides.
Figure 1: 30 TAC §336.366, Appendix I.
§336.367.Appendix J.Cumulative Occupational Exposure History.
Figure 1: 30 TAC §336.367, Appendix J.
§336.368.Appendix K. Occupational Exposure Record for a Monitoring Period.
Figure 1: 30 TAC §336.368, Appendix K.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618530
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: February 3, 1997
For further information, please call: (512) 239-6087
30 TAC §§336.401-336.410
These new sections are proposed under the Texas Radiation
Control Act (TRCA), Texas Health and Safety Code, §§401.011, 401.051,
and 401.412, and Texas Water Code, §5.103, which give the Texas Natural
Resource Conservation Commission authority to adopt rules necessary to carry
out its responsibilities to regulate the disposal of radioactive substances
and the recovery and processing of source material.
These new sections implement Texas Health and Safety Code Chapter, 401.
§336.401.Purpose and Scope.
This subchapter establishes requirements for notices, instructions,
and reports by licensees to individuals engaged in work under a license and
options available to those individuals in connection with inspections of
licensees by the executive director to ascertain compliance with the provisions
of the TRCA and commission rules, orders, and licenses issued thereunder
regarding radiological working conditions. The rules in this subchapter apply
to all persons licensed by the commission under this chapter.
§336.402.Definitions.
Terms used in this subchapter are defined in §336.2 of this title
(relating to Definitions).
§336.403.Posting of Notices to Workers.
(a)
Each licensee shall post current copies of the following
documents:
(1)
the rules in this subchapter and in Subchapter D of this
chapter (relating to Standards for Protection Against Radiation);
(2)
the license, conditions or documents incorporated
into the license by reference, and amendments thereto;
(3)
the operating procedures applicable to licensed activities;
and
(4)
any notice of violation involving radiological working
conditions, any proposed imposition of civil penalty, or any order issued
under the TRCA or the rules in this chapter and any response from the licensee.
(b)
If posting of a document specified in subsection (a) (1)-(3)
of this section is not practicable, the licensee may post a notice which
describes the document and states where it may be examined.
(c)
Commission form "Notice to Employees" (§336.410, Appendix
A of this title) shall be posted by each licensee.
(d)
Documents, notices, or forms posted under this section
shall appear in a sufficient number of places to permit individuals engaged
in work under the license to observe them on the way to or from any particular
work location to which the document applies, shall be conspicuous, and shall
be replaced if defaced or altered.
(e)
Documents posted under subsection (a)(4) of this section
shall be posted within two working days after receipt of the documents from
the executive director or commission. The licensee's response, if any, shall
be posted within two working days after dispatch by the licensee. Those documents
shall remain posted for a minimum of five working days or until action correcting
the violation has been completed, whichever is later.
§336.404.Instructions to Workers.
(a)
All individuals who in the course of employment are likely
to receive in a year an occupational dose in excess of 100 millirems (1 millisievert)
shall be:
(1)
kept informed of the storage, transfer, or use of radiation
and/or radioactive material;
(2)
instructed in the health protection problems associated
with exposure to radiation and/or radioactive material, in precautions or
procedures to minimize exposure, and in the purposes and functions of protective
devices employed;
(3)
instructed in, and required to observe, to the extent
within the worker's control, the applicable provisions of commission rules
and licenses for the protection of personnel from exposures to radiation
and/or radioactive material;
(4)
instructed of their responsibility to report promptly
to the licensee any condition which may lead to or cause a violation of commission
rules and licenses or unnecessary exposure to radiation and/or radioactive
material;
(5)
instructed in the appropriate response to warnings
made in the event of any unusual occurrence or malfunction that may involve
exposure to radiation and/or radioactive material; and
(6)
advised as to the radiation exposure reports which
workers may request under §336.405 of this title (relating to Notifications
and Reports to Individuals).
(b)
In determining those individuals subject to the requirements
of subsection (a) of this section, licensees shall take into consideration
assigned activities during normal and abnormal situations involving exposure
to radiation and/or radioactive material which can reasonably be expected
to occur at a licensed facility. The extent of these instructions shall be
commensurate with potential radiological health protection problems present
in the work place.
§336.405.Notifications and Reports to Individuals.
(a)
Radiation exposure data for an individual and the results
of any measurements, analyses, and calculations of radioactive material deposited
or retained in the body of an individual shall be reported to the individual
as specified in this section. The information reported shall include data
and results obtained under commission rules, orders, or license conditions,
as shown in records maintained by the licensee under commission rules. Each
notification and report shall be in writing; shall include appropriate identifying
data such as the name of the licensee, the name of the individual, and the
individual's social security number; shall include the individual's exposure
information; and shall contain the statement "This report is furnished to
you under the provisions of 30 Texas Administrative Code, Chapter 336, Subchapter
E. You shall preserve this report for further reference."
(b)
Each licensee shall advise each worker annually of the
worker's dose as shown in records maintained by the licensee under §336.346
of this title (relating to Records of Individual Monitoring Results).
(c)
A former worker may request a report of the worker's exposure
to radiation and/ or radioactive material from the licensee.
(1)
At the request of a worker formerly engaged in licensed
activities controlled by the licensee, each licensee shall furnish to the
worker a report of the worker's exposure to radiation and/or to radioactive
material:
(A)
as shown in records maintained by the licensee under §336.346
of this title (relating to Records of Individual Monitoring Results) for
each year the worker was required to be monitored under the provisions of
§336.316 of this title (relating to Conditions Requiring Individual
Monitoring of External and Internal Occupational Dose); and
(B)
for each year the worker was required to be monitored
under the monitoring requirements in effect before January 1, 1994.
(2)
This report must be furnished within 30 days
from the time the request is made or within 30 days after the exposure of
the individual has been determined by the licensee, whichever is later. This
report must cover the period of time that the worker's activities involved
exposure to radiation from radioactive materials licensed by the commission
and must include the dates and locations of licensed activities in which
the worker participated during this period.
(d)
When a licensee is required under §336.351 of this
title (relating to Notification of Incidents), §336.352 of this title
(relating to Reports of Exposures, Radiation Levels, and Concentrations of
Radioactive Material Exceeding the Limits), §336.353 of this title (relating
to Reports of Planned Special Exposures), or §336.355 of this title
(relating to Reports of Individual Monitoring) to report to the executive
director any exposure of an individual to radiation or radioactive material,
the licensee shall also provide the individual a report of that individual's
exposure data. This report must be transmitted at a time not later than the
transmittal to the executive director.
(e)
At the request of a worker who is terminating employment
with the licensee that involved exposure to radiation or radioactive materials,
during the current year, each licensee shall provide at termination to each
worker, or to the worker's designee, a written report regarding the radiation
dose received by that worker from operations of the licensee during the current
year or fraction thereof. If the most recent individual monitoring results
are not available at that time, a written estimate of the dose shall be provided
together with a clear indication that this is an estimate.
§336.406.Presence of Representatives of Licensees and Workers During Inspections.
(a)
Each licensee shall afford to the executive director and
to inspectors representing the executive director at all reasonable times
opportunity to inspect materials, activities, facilities, premises, and records
under the rules in this chapter.
(b)
During an inspection, the inspectors may consult privately
with workers as specified in §336.407 of this title (relating to Consultation
with Workers During Inspections). The licensee or licensee's representative
may accompany inspectors during other phases of an inspection.
(c)
If, at the time of inspection, an individual has been authorized
by the workers to represent them during inspections, the licensee shall notify
the inspectors of this authorization and shall give the workers' representative
an opportunity to accompany the inspectors during the inspection of physical
working conditions.
(d)
Each workers' representative shall be routinely engaged
in licensed activities under control of the licensee and shall have received
instructions as specified in §336.404 of this title (relating to Instructions
to Workers).
(e)
Different representatives of licensees and workers may
accompany the inspectors during different phases of an inspection if there
is no resulting interference with the conduct of the inspection. However,
only one workers' representative at a time may accompany the inspectors.
(f)
With the approval of the licensee and the workers' representative,
an individual who is not routinely engaged in licensed activities under control
of the licensee, for example, a consultant to the licensee or to the workers'
representative, shall be afforded the opportunity to accompany inspectors
during the inspection of physical working conditions.
(g)
Notwithstanding the other provisions of this section, the
inspectors are authorized to refuse to permit accompaniment by any individual
who deliberately interferes with a fair and orderly inspection. With regard
to any area containing proprietary information, the workers' representative
for that area shall be an individual previously authorized by the licensee
to enter that area.
§336.407.Consultation with Workers During Inspections.
(a)
The executive director or inspectors representing the executive
director may consult privately with workers concerning matters of occupational
radiation protection and other matters related to applicable provisions of
commission rules and licenses to the extent the inspectors deem necessary
for the conduct of an effective and thorough inspection.
(b)
During the course of an inspection, any worker may bring
privately to the attention of the inspectors, either orally or in writing,
any past or present condition which that individual has reason to believe
may have contributed to or caused any violation of the TRCA, the rules in
this chapter, or license conditions or any unnecessary exposure of an individual
to radiation from licensed radioactive material under the licensee's control.
Any such notice in writing shall comply with the requirements of §336.408(a)
of this title (relating to Requests by Workers for Inspections).
(c)
The provisions of subsection (b) of this section shall
not be interpreted as authorization to disregard instructions under §336.404
of this title (relating to Instructions to Workers).
§336.408.Requests by Workers for Inspections.
(a)
Any worker or representative of workers who believes that
a violation of the TRCA, the rules in this chapter, or license conditions
exists or has occurred in work under a license with regard to radiological
working conditions in which the worker is engaged may request an inspection
by giving notice of the alleged violation to the executive director or to
inspectors representing the executive director. Any notice shall be in writing,
shall set forth the specific grounds for the notice, and shall be signed
by the worker or representative of workers. A copy shall be provided to the
licensee by the executive director or inspector no later than at the time
of inspection, except that, upon the request of the worker giving notice,
the worker's name and the name(s) of individual(s) referred to shall not
appear in that copy or on any record published, released, or made available
by the executive director, except for good cause shown.
(b)
If, upon receipt of such notice, the executive director
determines that the request meets the requirements set forth in subsection
(a) of this section, an inspection or investigation shall be made as soon
as practicable to determine whether the alleged violation exists or has occurred.
Inspections made under this section need not be limited to matters referred
to in the request.
(c)
No licensee shall discharge or in any manner discriminate
against any worker because that worker has filed any request or instituted
or caused to be instituted any proceeding under the rules in this chapter
or has testified or is about to testify in any such proceeding or because
of the exercise by that worker on behalf of that individual or others of
any option afforded by this subchapter.
§336.409.Inspections Not Warranted.
If the executive director determines that an inspection or investigation
is not warranted because the requirements of §336.408(a) of this title
(relating to Requests by Workers for Inspections) have not been met, the
executive director shall notify the complainant in writing of the determination.
This determination shall be without prejudice to the filing of a new request
meeting the requirements of §336.408(a).
§336.410.Appendix A. Notice to Employees.
Figure 1: 30 TAC §336.410, Appendix A
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618531
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: February 3, 1997
For further information, please call: (512) 239-6087
30 TAC §§336.501-336.505, 336.512-336.514, 336.521
These new sections are proposed under the Texas Radiation
Control Act (TRCA), Texas Health and Safety Code,§§401.011, 401.051,
and 401.412, and Texas Water Code, §5.103, which give the Texas Natural
Resource Conservation Commission authority to adopt rules necessary to carry
out its responsibilities to regulate the disposal of radioactive substances
and the recovery and processing of source material.
These new sections implement Texas Health and Safety Code, Chapter 401.
§336.501.Scope and General Provisions.
(a)
This subchapter establishes the criteria, terms and conditions
under which the commission may issue a license for on-site disposal of radioactive
material or waste. Subject to the limitations provided in this subchapter,
the commission may issue a new license, or amend or renew an existing license,
for the on-site disposal of radioactive material or waste.
(b)
Notwithstanding the other provisions of this subchapter,
the commission shall not authorize new or additional facilities or the expansion
of existing facilities for the on-site disposal of radioactive material or
waste except to a public entity specifically authorized by law for radioactive
waste disposal. In the case of an existing commission license that authorizes
on-site disposal of radioactive material or waste, the commission shall not
amend or renew the license to authorize the addition or expansion of disposal
facilities.
(c)
Any person who owns, operates, controls, or possesses an
inactive site on which disposed radioactive material or waste is located
and who does not hold a current radioactive material license for the inactive
disposal site shall apply for a license by January 1, 1999.
(d)
Any person whose possession of disposed radioactive material
is authorized by the Texas Department of Health is exempt from the requirements
of this subchapter. This subchapter does not apply to persons licensed or
subject to licensing under Subchapter G of this chapter (relating to Licensing
Requirements for Source Material (Uranium or Thorium) Recovery and Processing
Facilities) or Subchapter H of this chapter (relating to Licensing Requirements
for Near-Surface Land Disposal of Radioactive Waste). This subchapter also
does not apply to sites that meet commission requirements for release for
unrestricted use in accordance with the rules of this chapter.
(e)
No person authorized to dispose of radioactive material
or waste under this subchapter may receive radioactive material or waste
for the purpose of disposal from other persons, sources, other facilities
owned or operated by the applicant or licensee, or any other off-site locations.
§336.502.Definitions.
Terms used in this subchapter are defined in §336.2 of this title
(relating to Definitions). Additional terms used in this subchapter have
the following definitions:
Inactive disposal site
-A site or facility that:
(A)
contains radioactive material or waste disposed
of below the surface, or soils or structures contaminated with radioactive
material or waste; and
(B)
no longer disposes or will dispose of, or accepts
or will accept for the purpose of disposal, additional radioactive material
or waste.
On-site
-The same or geographically contiguous property that
may be divided by public or private rights-of-way, provided the entrance
and exit between the properties is at a cross-roads intersection, and access
is by crossing, as opposed to going along, the right-of-way. Noncontiguous
properties owned by the same person but connected by a right-of-way that
the property owner controls and to which the public does not have access,
is also considered on-site property.
§336.503.Filing of Application.
(a)
An application for a license, or for renewal or amendment
of a license shall contain the information prescribed in §336.512 of
this title (relating to Technical Requirements for Inactive Disposal Sites)
or §336.513 of this title (relating to Technical Requirements for Active
Disposal Sites), as appropriate, and demonstrate how the technical requirements
and performance objectives have been met.
(b)
As provided in §336.514 of this title (relating to
Financial Assurance and Recordkeeping for Decommissioning), an application
may be required to include a proposed decommissioning funding plan or a certification
of financial assurance for decommissioning.
§336.504.General Requirements for Issuance of a License.
An application may be approved if the commission determines that the
requirements set forth in §336.503 of this title (relating to Filing
of Application) have been met and that:
(1)
The applicant is qualified by reason of training and experience
to conduct the proposed radioactive material disposal activities in accordance
with the rules in this chapter in such a manner as to protect and minimize
danger to the public health and safety and the environment;
(2)
The applicant's proposed equipment, facilities, and
procedures are adequate to protect and minimize danger to the public health
and safety and the environment;
(3)
The issuance of the license will not be inimical to
public health and safety nor have a long-term detrimental impact on the environment;
(4)
If applicable, the applicant has demonstrated financial
capability to conduct the proposed activity, including all costs associated
with decommissioning, decontamination, disposal, reclamation, and any long-term
care and surveillance; and
(5)
The applicant satisfies any applicable special requirements
in this subchapter.
§336.505.Issuance of License.
Upon a determination that an application meets the requirements of
the TRCA and the rules of this chapter, the commission may issue a license
authorizing the proposed activity.
§336.512.Technical Requirements for Inactive Disposal Sites.
(a)
Content of license application. An applicant for a license
to authorize possession of disposed radioactive material in an inactive disposal
site which was formerly used shall submit the following:
(1)
the information required by §336.332 of this title
(relating to Method of Obtaining Approval of Proposed Disposal Procedures).
This information shall include the applicant's evaluation of relevant information
which must demonstrate that the disposal site has no undue impact on public
health or safety or the environment;
(2)
information on the concentration and total activity
of each radionuclide disposed of, packaging of the wastes, the characteristics
of the disposal site (e.g., geological, hydrological, and topographical),
as-built disposal trench or landfill construction, final cover construction,
and depth of burial of wastes. This information shall be as complete and
accurate as possible based on the full extent of information available to
the applicant about the previous disposal activities;
(3)
a description of any radiological monitoring performed
at the site and the resulting data;
(4)
the technical qualifications of personnel responsible
for radiation safety functions at the site;
(5)
a description of the methods of restricting access
to the site (e.g., fencing) and any permanent site markers;
(6)
information on land ownership and any covenants on
land use imposed by recorded title documents; and
(7)
an evaluation of the alternative of decommissioning
the site and disposing of the radioactive material at a licensed disposal
facility.
(b)
Content of application for renewal of license.
(1)
An applicant for renewal of a license authorizing possession
of disposed radioactive material in an inactive disposal site which was formerly
used shall submit information on:
(A)
the current conditions of the site (e.g., site stability
and any maintenance performed at the site);
(B)
any radiological monitoring performed at the site by the
licensee and the resulting data;
(C)
the methods of restricting access to the site; and
(D)
any changes in or additions to the procedures or information
contained in previous applications.
(2)
The executive director may request additional
information, such as that required by subsection (a) of this section, if
this information was not previously provided for the site.
(c)
Performance objectives. The applicant's submittal shall
include sufficient information to enable the executive director to assess
the potential hazard to public health and safety and to determine whether
the disposal site will have a significant impact on the environment. The
executive director shall evaluate existing inactive disposal sites on a case-by-case
basis and may consider the following general criteria and performance objectives
in making the evaluation:
(1)
Radiation exposure and release of radioactive materials
from a disposal site shall be maintained ALARA. Reasonable assurance must
be provided that the potential dose to an individual on or near the site
will be within acceptable limits. The estimated committed effective dose
equivalent resulting from a radiological assessment of a site will usually
be the determining factor in the granting of authorization for a disposal
site. If the projected dose to a member of the public exceeds a few millirems
per year, the executive director may consider other factors in determining
whether to grant authorization for the site, including, but not limited to,
the use of institutional controls to restrict access for a specified period
of time.
(2)
The location and characteristics of a site shall be
such as to preclude potential offsite migration or transport of radioactive
materials or ready access to critical exposure pathways.
(3)
The general topography of the disposal site shall
be compatible with its use for waste burial. As an example, surface features
shall direct surface water drainage away from the disposal site. Wastes must
not be buried in locations which, once covered, would tend to collect surface
water. The characteristics of the site shall minimize to the extent practicable
the potential for erosion and contact of percolating or standing water with
wastes.
(4)
Water-bearing strata shall be a minimum of 10 feet
below the depth at which waste is buried.
(5)
Waste shall be emplaced in a manner that minimizes
the void spaces between packages and permits the void spaces to be filled.
(6)
Void spaces between waste packages shall be filled
with earth or other material to reduce future subsidence within the fill.
(7)
Cover design shall minimize water infiltration to
the extent practicable, direct percolating or surface water away from the
disposed waste, and resist degradation by surface geologic processes and
biotic activity.
(8)
In general, a site authorized under this subchapter
shall be located, designed, operated, and closed so that long-term isolation
and custodial care for long-term stability would not be required beyond the
time the licensee can reasonably be expected to occupy the site. If a site
does not meet this objective, requirements for long-term care shall be evaluated.
(9)
The location of a disposal site shall be compatible
with the uses of surrounding environs (both the applicant's and adjacent
properties).
§336.513.Technical Requirements for Active Disposal Sites.
(a)
Content of license application. An applicant for a license
to authorize disposal of radioactive material shall submit the following:
(1)
the information required by §336.332 of this title
(relating to Method of Obtaining Approval of Proposed Disposal Procedures).
This information shall include the applicant's evaluation of relevant information
which demonstrates that the disposal site has no undue impact on public health
or safety or the environment;
(2)
an inventory of radionuclides in the wastes to be
disposed of and the concentration and total activity of each radionuclide;
(3)
the estimated frequency of burials and estimated volume
of waste in each burial;
(4)
a description of waste packaging;
(5)
a description of nonradiological constituents in the
waste (e.g., hazardous wastes, heavy metals, absorbents, and chelating agents);
(6)
a map of the proposed disposal location, which also
shows the applicant's property boundaries and locations of nearby residences,
water wells, surface water, previous waste burial sites, etc.;
(7)
site characterization, including:
(A)
the identification of all soil layers by classification
according to American Society for Testing and Materials (ASTM) methods (e.g.,
sand, gravel, silt, and clay), soil engineering properties, and infiltration
and drainage characteristics (e.g., coefficient of permeability according
to ASTM D5084);
(B)
stratigraphy (geological identification) of the near-surface
subsoils;
(C)
geologic hazards, including faulting, seismic activity,
sink holes, solution depressions, and flooding, including identification
of the 100-year floodplain;
(D)
hydrological data, including porosity, distribution coefficient,
hydraulic conductivity, soils dispersivity, and hydraulic gradient;
(E)
groundwater, including use, depth to aquifer, fluctuation,
discharge location, and saturated thickness;
(F)
water wells in the vicinity, including location, use,
depth, and water level;
(G)
surface drainages and bodies of water in the vicinity,
including locations and use;
(H)
meteorological data;
(I)
maps, including United States Geological Survey topographic
quadrangle, hydrologic, and geologic;
(J)
area resources (e.g., local land use, locations of nearby
residences, etc.);
(K)
site performance history, including erosion, flooding,
subsidence, etc; and
(L)
a summary of any past disposals and any observed effects;
(8)
a description of the proposed design and construction
of the waste disposal trench or landfill;
(9)
a description of the proposed design and construction
of the final cover and of proposed closure procedures;
(10)
information on the depth of waste burial and proposed
procedures for emplacement of waste;
(11)
proposed inspection, maintenance, and stabilization
procedures;
(12)
the applicant's radiological impact assessment consisting
of modeling of radionuclide releases to site-specific critical exposure pathways
and the projection of potential radiological doses to an individual on site
and to a member of the public off site;
(13)
proposed radiation safety procedures during operations
and closure;
(14)
a description of proposed radiological monitoring
of the site;
(15)
the organizational structure of the applicant, a
description of lines of authority and assignment of responsibilities, and
technical qualifications of personnel responsible for radiation safety functions;
(16)
information on the applicant's proposed methods of
restricting access to the site (e.g., fencing) and proposed permanent site
markers;
(17)
proposed recordkeeping;
(18)
information on land ownership and any covenants or
restrictions on land use;
(19)
the applicant's justification for the proposed disposal
method; and
(20)
an evaluation of other disposal alternatives, such
as disposal of the radioactive material at a licensed disposal facility.
(b)
Content of application for renewal of license.
(1)
An applicant for renewal of a license authorizing disposal
of radioactive material shall submit information on:
(A)
the current status of disposal operations, including the
current status of use or closure of disposal trenches or landfills;
(B)
as-built construction of disposal trenches or landfills
and any final covers;
(C)
volumes of radioactive material disposed of to date;
(D)
the concentration and total activity of each radionuclide
in the waste disposed of;
(E)
the frequency of burials;
(F)
the results of any radiological monitoring performed at
the site; and
(G)
any changes in or additions to the procedures or information
contained in previous applications.
(2)
The executive director may request additional
information, such as that required by subsection (a) of this section, if
that information was not previously provided for the site.
(c)
Performance objectives. The applicant's submittal shall
include sufficient information to enable the executive director to assess
the potential hazard to public health and safety and to determine whether
the disposal site will have a significant impact on the environment. General
criteria and performance objectives which the executive director shall apply
in the evaluation of a proposed disposal site include the following:
(1)
Radiation exposure and release of radioactive materials
from a disposal site shall be maintained ALARA. Reasonable assurance must
be provided that the potential dose to an individual on or near the site
will be within acceptable limits. The estimated committed effective dose
equivalent resulting from a radiological assessment of a site will usually
be the determining factor in the granting of authorization for a disposal
site. If the projected dose to a member of the public exceeds a few millirems
per year, the executive director may consider other factors in determining
whether to grant authorization for the site, including, but not limited to,
the use of institutional controls to restrict access for a specified period
of time.
(2)
The location and characteristics of a site shall preclude
potential offsite migration or transport of radioactive materials or ready
access to critical exposure pathways.
(3)
The general topography of the proposed disposal site
must be compatible with the proposed waste burial. As an example, surface
features shall direct surface water drainage away from the disposal site.
Wastes shall not be buried in locations which, once covered, would tend to
collect surface water. The characteristics of the site shall minimize to
the extent practicable the potential for erosion and contact of percolating
or standing water with wastes.
(4)
Water-bearing strata shall be a minimum of 10 feet
below the depth at which waste will be buried.
(5)
Waste shall be emplaced in a manner that minimizes
the void spaces between packages and permits the void spaces to be filled.
(6)
Void spaces between waste packages shall be filled
with earth or other material to reduce future subsidence within the fill.
(7)
Covers shall be designed to minimize water infiltration
to the extent practicable, to direct percolating or surface water away from
the disposed waste, and to resist degradation by surface geologic processes
and biotic activity.
(8)
In general, a disposal site for which authorization
is requested under this subchapter shall be located, designed, operated,
and closed so that long-term isolation and custodial care for long-term stability
would not be required beyond the time the licensee can reasonably be expected
to occupy the site. If a proposed site does not meet this objective, requirements
for long-term care shall be evaluated.
(9)
The location of a disposal site shall be such that
it is compatible with the uses of surrounding environs (both the applicant's
and adjacent properties).
§336.514.Financial Assurance and Recordkeeping for Decommissioning.
(a)
The licensee shall submit a decommissioning funding plan.
(1)
Each applicant for a license authorizing the disposal of
unsealed radioactive material with a half-life greater than 120 days and
in quantities exceeding 10
5
times the applicable
quantities set forth in §336.521, Appendix A, of this title (relating
to Radionuclide Quantities for Use in Determining Financial Assurance for
Decommissioning) shall submit a decommissioning funding plan as described
in subsection (e) of this section. The decommissioning funding plan must
also be submitted when a combination of isotopes is involved if R divided
by 10
5
is greater than 1 (unity rule), where
R is defined as the sum of the ratios of the quantity of each isotope to
the applicable value in §336.521, Appendix A of this title.
(2)
Notwithstanding the requirement of paragraph (1) of
this subsection, each applicant for a license authorizing the disposal of
more than 100 millicuries of source material in a readily dispersible form,
except for activities licensed under Subchapter G of this chapter (relating
to Licensing Requirements for Source Material (Uranium or Thorium) Recovery
and Processing Facilities), shall submit a decommissioning funding plan as
described in subsection (e) of this section.
(b)
Each applicant shall submit a decommissioning funding plan
or a certification that financial assurance for decommissioning has been
provided.
(1)
Each applicant for a license authorizing disposal of radioactive
material with a half-life greater than 120 days and in quantities specified
in subsection (d) of this section shall either:
(A)
submit a decommissioning funding plan as described in
subsection (e) of this section; or
(B)
submit a certification that financial assurance for decommissioning
has been provided in the amount prescribed by subsection (d) of this section
using one of the methods described in Subchapter I of this chapter (relating
to Financial Assurance). For an applicant, this certification may state that
the appropriate assurance shall be obtained after the application has been
approved and the license issued but before the disposal of licensed material.
If the applicant defers execution of the financial instrument until after
the license has been issued, a signed original of the financial instrument
obtained to satisfy the requirements of Subchapter I of this chapter must
be submitted to the executive director before disposal of licensed material.
If the applicant does not defer execution of the financial instrument, the
applicant shall submit to the executive director, as part of the certification,
a signed original of the financial instrument obtained to satisfy the requirements
of Subchapter I of this chapter.
(2)
Notwithstanding the requirement of paragraph
(1) of this subsection, each applicant for a license authorizing the disposal
of quantities of source material greater than 10 millicuries but less than
or equal to 100 millicuries in a readily dispersible form, except for activities
licensed under Subchapter G of this chapter (relating to Licensing Requirements
for Source Material (Uranium or Thorium) Recovery and Processing Facilities),
shall either:
(A)
submit a decommissioning funding plan as described in
subsection (e) of this section; or
(B)
submit a certification that financial assurance for decommissioning
has been provided in the amount of $150,000 using one of the methods described
in Subchapter I of this chapter. For an applicant, this certification may
state that the appropriate assurance shall be obtained after the application
has been approved and the license issued but before the disposal of licensed
material. If the applicant defers execution of the financial instrument until
after the license has been issued, a signed original of the financial instrument
obtained to satisfy the requirements of Subchapter I of this chapter must
be submitted to the executive director before disposal of licensed material.
If the applicant does not defer execution of the financial instrument, the
applicant shall submit to the executive director as part of the certification,
a signed original of the financial instrument obtained to satisfy the requirements
of Subchapter I of this chapter.
(c)
Each holder of a license shall provide financial assurance
for decommissioning, a decommissioning funding plan, or a certification of
financial assurance.
(1)
Each holder of a license issued on or after January 1,
1998, which is of a type described in subsection (a) or (b) of this section,
shall provide financial assurance for decommissioning in accordance with
the criteria set forth in this subchapter and Subchapter I of this chapter.
(2)
Each holder of a license issued before January 1,
1998, and of a type described in subsection (a) of this section shall submit,
on or before January 1, 1998, a decommissioning funding plan, as described
in subsection (e) of this section, or a certification of financial assurance
for decommissioning in an amount at least equal to $750,000, in accordance
with the criteria set forth in this subchapter and Subchapter I of this chapter.
If the licensee submits the certification of financial assurance rather than
a decommissioning funding plan, the licensee shall include a decommissioning
funding plan in any application for license renewal.
(3)
Each holder of a license issued before January 1,
1998, and of a type described in subsection (b) of this section shall submit,
on or before January 1, 1998, a decommissioning funding plan, as described
in subsection (e) of this section, or a certification of financial assurance
for decommissioning, in accordance with the criteria set forth in this subchapter
and Subchapter I of this chapter.
(4)
Any licensee who has submitted an application before
January 1, 1998, for renewal of a license shall provide financial assurance
for decommissioning in accordance with subsections (a) and (b) of this section.
This assurance must be submitted on or before January 1, 1998.
(5)
Each licensee shall comply with the requirements of
§336.217 of this title (relating to Expiration and Termination of Licenses
and Decommissioning of Sites and Separate Buildings or Outdoor Areas), as
applicable.
(d)
The amount of financial assurance for decommissioning required
under subsection (b)(1) of this section is based on the quantity of material
as follows:
(1)
$750,000--greater than 10
4
but less than or equal to 10
5
times the applicable
quantities in §336.521, Appendix A, of this title (relating to Radionuclide
Quantities for Use in Determining Financial Assurance for Decommissioning),
in unsealed form. (For a combination of isotopes, if R, as defined in subsection
(a) of this section, divided by 10
4
is greater
than 1 but R divided by 10
5
is less than or
equal to 1.)
(2)
$150,000--greater than 10
3
but less than or equal to 10
4
times
the applicable quantities in §336.521, Appendix A, of this title in
unsealed form. (For a combination of isotopes, if R, as defined in subsection
(a) of this title divided by 10
3
is greater
than 1 but R divided by 10
4
is less than or
equal to 1.)
(e)
Each decommissioning funding plan must contain a cost estimate
for decommissioning and a description of the method of assuring funds for
decommissioning from Subchapter I of this chapter, including means for adjusting
cost estimates and associated funding levels periodically over the life of
the facility. The decommissioning funding plan must also contain a certification
by the licensee that financial assurance for decommissioning has been provided
in the amount of the cost estimate for decommissioning and a signed original
of the financial instrument obtained to satisfy the requirements of Subchapter
I of this chapter.
(f)
Each person licensed under this subchapter shall keep records
of information important to the safe and effective decommissioning of the
facility in an identified location until the license is terminated by the
commission. If records of relevant information are kept for other purposes,
reference to these records and their locations may be used. Information important
to decommissioning consists of:
(1)
records of spills or other unusual occurrences involving
the spread of contamination in and around the disposal facility, equipment,
or site. These records may be limited to instances when contamination remains
after any cleanup procedures or when there is reasonable likelihood that
contaminants may have spread to inaccessible areas, as in the case of possible
seepage into porous materials such as concrete. These records must include
any known information on identification of involved nuclides, quantities,
forms, and concentrations.
(2)
as-built drawings and modifications of structures
and equipment in restricted areas where radioactive materials are disposed
of and of locations of possible inaccessible contamination (e.g., buried
pipes) that may be subject to contamination. If required drawings are referenced,
each relevant document need not be indexed individually. If drawings are
not available, the licensee shall substitute appropriate records of available
information concerning these areas and locations.
(3)
except for areas containing only radioactive materials
having half-lives of less than 65 days, a list contained in a single document
and updated every two years of the following:
(A)
all areas designated as restricted areas, as defined in
§336.2 of this title (relating to Definitions), and all areas formerly
designated as restricted areas under rules in effect before January 1, 1994;
(B)
all areas outside of restricted areas that require documentation
under paragraph (1) of this subsection;
(C)
all areas outside of restricted areas where current and
previous wastes have been buried as documented under §336.348 of this
title (relating to Records of Waste Disposal); and
(D)
all areas outside of restricted areas which contain material
such that, if the license expired, the licensee must be required to either
decontaminate the area to unrestricted release levels or apply for approval
for disposal under §336.332 of this title (relating to Method of Obtaining
Approval of Proposed Disposal Procedures).
(4)
records of the cost estimate performed for the
decommissioning funding plan or of the amount certified for decommissioning,
and records of the funding method used for assuring funds if either a funding
plan or certification is used.
§336.521.Appendix A. Radionuclide Quantities for Use in Determining Financial Assurance for Decommissioning.
Figure 1: §336.521, Appendix A
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618532
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: February 3, 1997
For further information, please call: (512) 239-6087
30 TAC §§336.601-336.606, 336.613-336.629, 336.636
These new sections are proposed under the Texas Radiation
Control Act (TRCA), Texas Health and Safety Code, §§401.011, 401.051,
and 401.412, and Texas Water Code, §5.103, which give the Texas Natural
Resource Conservation Commission authority to adopt rules necessary to carry
out its responsibilities to regulate the disposal of radioactive substances
and the recovery and processing of source material.
These new sections implement Texas Health and Safety Code, Chapter 401.
§336.601.Scope and General Provisions.
(a)
This subchapter establishes the criteria, terms and conditions
under which the commission issues licenses for source material recovery and
processing, including the disposal of byproduct material resulting from the
facility's source material recovery and processing operations. This subchapter
also provides for the licensing of persons who receive byproduct material
from others for disposal. As used in this subchapter, "byproduct material"
includes only that defined in §336.2, subparagraph (B), of this title
(relating to Definitions) but not that defined in subparagraph (A).
(b)
This subchapter does not apply to:
(1)
the mining, transport, or transfer of ores containing source
material without regard to quantity;
(2)
persons who own source material without regard to
quantity or who receive, possess, use, or transfer source material, except
for the purpose of source material recovery and processing; or
(3)
persons who receive, possess, use, or transfer unrefined
and unprocessed ore containing source material.
(c)
No person may engage in source material recovery or processing
or disposal of byproduct material except as authorized in a specific license
issued under this subchapter.
(d)
Unless otherwise exempted, the applicant shall not commence
construction at the site until the commission has issued the license. Commencement
of construction prior to issuance of the license shall be grounds for denial
of a license.
§336.602.Definitions.
Terms used in this subchapter are defined in §336.2 of this title
(relating to Definitions). Additional terms used in this subchapter have
the following definitions:
Aquifer
- A geologic formation, group of formations, or part
of a formation capable of yielding a significant amount of groundwater to
wells or springs. Any saturated zone created by uranium or thorium recovery
operations or tailings or waste disposal would not be considered an aquifer
unless the zone is or potentially is:
(A)
hydraulically interconnected to a natural aquifer;
(B)
capable of discharge to surface water; or
(C)
reasonably accessible because of migration beyond
the vertical projection of the boundary of the land transferred for long-term
government ownership and care in accordance with §336.629 of this title
(relating to Land Ownership of Tailings or Waste Disposal Sites).
As expeditiously as practicable considering technological feasibility
- For the purposes of §336.622 of this title (relating to
Closure Completion Milestones and Schedule), as quickly as possible considering
the physical characteristics of the tailings and the site, the limits of
"available technology" (as defined in this section), the need for consistency
with mandatory requirements of other regulatory programs, and "factors beyond
the control of the licensee" (as defined in this section). The phrase permits
consideration of the cost of compliance only to the extent specifically provided
for by use of the term "available technology."
Available technology
- Technologies and methods for emplacing
a final radon barrier on uranium or thorium mill tailings piles or impoundments.
This term shall not be construed to include extraordinary measures or techniques
that would impose costs that are grossly excessive as measured by practice
within the industry (or one that is reasonably analogous), (e.g., by way
of illustration only, unreasonable overtime, staffing, or transportation
requirements, etc., considering normal practice in the industry; laser fusion
of soils; etc.), provided there is reasonable progress toward emplacement
of the final radon barrier. To determine grossly excessive costs, the relevant
baseline against which costs shall be compared is the cost estimate for tailings
impoundment closure contained in the licensee's approved reclamation plan,
but costs beyond these estimates shall not automatically be considered grossly
excessive.
Capable fault
- Has the same meaning as defined in Section
III(g) of Appendix A of 10 CFR Part 100 (relating to Seismic and Geologic
Siting Criteria for Nuclear Power Plants).
Closure
- The activities following operations to decontaminate
and decommission the buildings and site used to produce byproduct materials
and reclaim the tailings and/or waste disposal area, including groundwater
restoration, if needed.
Closure plan
- The plan approved by the commission to accomplish
closure.
Commencement of construction
- Any clearing of land, excavation,
or other substantial action that would adversely affect the environment of
a site, but does not include necessary borings to determine site characteristics
or other pre-construction monitoring to establish background information
related to the suitability of a site or to the protection of the environment.
Compliance period
- Begins when the commission sets secondary
groundwater protection standards and ends when the license is terminated
and the site is transferred to the State or federal government for long-term
care, if applicable.
Dike
- An embankment or ridge of either natural or man-made
materials used to prevent the movement of liquids, sludges, solids, or other
materials.
Disposal area
- The area containing byproduct materials to
which the requirements of §336.621 of this title (relating to Disposal
Area Cover and Closure) apply.
Existing portion
- That land surface area of an existing surface
impoundment on which significant quantities of uranium or thorium byproduct
materials had been placed prior to September 30, 1983.
Factors beyond the control of the licensee
- Factors proximately
causing delay in meeting the schedule in the applicable reclamation plan
for the timely emplacement of the final radon barrier notwithstanding the
good faith efforts of the licensee to complete the barrier in compliance
with §336.622(a) of this title. These factors may include but are not
limited to:
(A)
physical conditions at the site;
(B)
inclement weather or climatic conditions;
(C)
an act of God;
(D)
an act of war;
(E)
a judicial or administrative order or decision, or
change to the statutory, regulatory, or other legal requirements applicable
to the licensee's facility that would preclude or delay the performance of
activities required for compliance;
(F)
labor disturbances;
(G)
any modifications, cessation or delay ordered by
State, federal, or local agencies;
(H)
delays beyond the time reasonably required in obtaining
necessary government permits, licenses, approvals, or consent for activities
described in the reclamation plan proposed by the licensee that result from
government agency failure to take final action after the licensee has made
a good faith, timely effort to submit legally sufficient applications, responses
to requests (including relevant data requested by the agencies), or other
information, including approval of the reclamation plan; and
(I)
an act or omission of any third party over whom the
licensee has no control.
Final radon barrier
- The earthen cover (or approved alternative
cover) over tailings or wastes constructed to comply with §336.621 of
this title (relating to Disposal Area Cover and Closure)(excluding erosion
protection features).
Groundwater
- Water below the land surface in a zone of saturation.
For purposes of this subchapter, groundwater is the water contained within
an aquifer as defined in this section.
Hazardous constituent
- Subject to §336.615(b) of this
title (relating to Secondary Groundwater Protection), a constituent which
meets all three of the following tests:
(A)
The constituent is reasonably expected to be
in or derived from the byproduct material in the disposal area;
(B)
The constituent has been detected in the groundwater
in the uppermost aquifer; and
(C)
The constituent is listed in 10 CFR Part 40, Appendix
A (relating to Criteria Relating to the Operation of Uranium Mills and Disposition
of Tailings or Wastes Produced by the Extraction or Concentration of Source
Material from Ores Processed Primarily for Their Source Material Content),
Criterion 13.
Leachate
- Any liquid, including any suspended or dissolved
components in the liquid, that has percolated through or drained from the
byproduct material.
Licensed site
- The area contained within the boundary of
a location under the control of persons generating, storing, or disposing
of byproduct materials under a license.
Liner
- A continuous layer of natural or man-made materials,
beneath or on the sides of a surface impoundment which restricts the downward
or lateral escape of byproduct material, hazardous constituents, or leachate.
Maximum credible earthquake
- An earthquake which would cause
the maximum vibratory ground motion based upon an evaluation of earthquake
potential considering the regional and local geology and seismology and specific
characteristics of local subsurface material.
Milestone
- An action or event that is required to occur by
an enforceable date.
Operation
- The period of time during which a uranium or thorium
mill tailings pile or impoundment is being used for the continued placement
of byproduct material or is in standby status for such placement. A pile
or impoundment is in operation from the day that byproduct material is first
placed in the pile or impoundment until the day final closure begins.
Point of compliance
- The site-specific location in the uppermost
aquifer where the groundwater protection standard must be met. The objective
in selecting the point of compliance is to provide the earliest practicable
warning that an impoundment is releasing hazardous constituents to the groundwater.
The point of compliance is selected to provide prompt indication of groundwater
contamination on the hydraulically downgradient edge of the disposal area.
Processing
- Possession, use, storage, extraction of material,
transfer, volume reduction, compaction, or other separation incidental to
recovery of source material.
Reclamation plan
- For the purposes of §336.622 of this
title (relating to Closure Completion Milestones and Schedule), the plan
detailing activities to accomplish reclamation of the tailings or waste disposal
area in accordance with the technical criteria of this subchapter. The reclamation
plan must include a schedule for reclamation milestones that are key to the
completion of the final radon barrier, including as appropriate, but not
limited to, wind blown tailings retrieval and placement on the pile, interim
stabilization (including dewatering or the removal of freestanding liquids
and recontouring), and final radon barrier construction. Reclamation of tailings
or wastes must also be addressed in the closure plan. The detailed reclamation
plan may be incorporated into the closure plan.
Surface impoundment
- A natural topographic depression, man-made
excavation, or diked area, which is designed to hold an accumulation of liquid
wastes or wastes containing free liquids, and which is not an injection well.
Uppermost aquifer
- The geologic formation nearest the natural
ground surface that is an aquifer, as well as lower aquifers that are hydraulically
interconnected with this aquifer within the facility's property boundary.
Waste
- Byproduct material as it is defined in §336.2,
subparagraph (B), of this title (relating to Definitions).
§336.603.Filing of Application.
(a)
An application for a license, or for renewal or amendment
of a license must clearly demonstrate how the requirements of this section,
§336.604 of this title (relating to General Requirements for Issuance
of a License), §336.605 of this title (relating to Special Requirements
for Issuance of a License), the technical requirements of this subchapter,
§336.627 of this title (relating to Financial Assurance Requirements),
§336.628 of this title (relating to Long-Term Care and Surveillance
Requirements), and §336.629 of this title (relating to Land Ownership
of Tailings or Waste Disposal Sites) have been addressed.
(b)
An application for disposal of byproduct material from
others shall include information on the chemical and radioactive characteristics
of the wastes to be received, detailed procedures for receiving and documenting
incoming waste shipments, and detailed waste acceptance criteria.
§336.604.General Requirements for Issuance of a License.
An application may be approved if the commission determines that the
requirements set forth in §336.603 of this title (relating to Filing
of Application) have been met and that:
(1)
The applicant is qualified by reason of training and experience
to use the material in question for the purpose requested in accordance with
these rules in this chapter in such a manner as to protect and minimize danger
to the public health and safety and the environment;
(2)
The applicant's proposed equipment, facilities, and
procedures are adequate to protect public health and safety and the environment;
(3)
The issuance of the license will not be inimical to
public health and safety nor have a long-term detrimental impact on the environment;
(4)
The applicant has demonstrated financial capability
to conduct the proposed activity, including all costs associated with decommissioning,
decontamination, disposal, reclamation, and long-term care and surveillance;
and
(5)
The applicant satisfies all applicable special requirements
in §336.605 of this title (relating to Special Requirements for Issuance
of a License).
§336.605.Special Requirements for Issuance of a License.
In addition to the requirements set forth in §336.604 of this
title (relating to General Requirements for Issuance of a License), the following
conditions shall be met:
(1)
An application for a license shall include an environmental
report which addresses the following:
(A)
description of the proposed project or action;
(B)
area/site characteristics including ecology, geology,
topography, hydrology, meteorology, historical and cultural landmarks, and
archaeology;
(C)
radiological and nonradiological impacts of the proposed
project or action, including impacts to the public health, impacts on any
waterway and groundwater, and any long-term impacts;
(D)
environmental effects of accidents;
(E)
tailings or waste disposal, decommissioning, decontamination,
and reclamation and impacts of these activities; and
(F)
site and project alternatives.
(2)
Prior to issuance of the license, the applicant
shall propose, for approval by the executive director, an acceptable form
and amount of financial assurance consistent with the requirements of §336.627
of this title (relating to Financial Assurance Requirements).
(3)
The applicant shall provide procedures describing
the means that will be employed to conduct operations so that all effluent
releases are reduced to as low as low as is reasonably achievable below the
limits of Subchapter D of this chapter (relating to Standards for Protection
Against Radiation).
(4)
An application for a license shall contain written
specifications for the disposition of byproduct material.
(5)
The applicant shall provide a closure plan for decontamination,
decommissioning, restoration, and reclamation of buildings and the site to
levels which would allow unrestricted use and for reclamation of the tailings
or waste disposal areas in accordance with the technical requirements of
this subchapter and §336.627 of this title (relating to Financial Assurance
Requirements).
§336.606.Issuance of License.
(a)
Upon a determination that an application meets the requirements
of the TRCA and the rules of this chapter, the commission may issue a license
authorizing the proposed activity.
(b)
Facilities may be issued a license for in situ uranium
recovery as follows:
(1)
A license may include only one processing plant (e.g.,
yellow cake precipitation and/or drying) and its associated mining areas
and satellites (e.g., lixiviant-stripping ion exchange units). For purposes
of this subsection, a processing plant may be active, inactive, in standby
status, or in decommissioning. For the purposes of this subsection, the executive
director shall determine whether a separate license is required for a facility
that contains only mining areas and associated satellite(s).
(2)
A license issued on or before August 1, 1994, need
not conform to the requirements of paragraph (1) of this subsection. These
licenses may not be amended to add facilities that do not conform to the
requirements of paragraph (1) of this subsection.
§336.613.Site and Design Requirements.
(a)
Tailings and waste handling and disposal systems shall
be designed to accommodate full-capacity production over the lifetime of
the facility. When later expansion of systems or operations may be likely,
the capability of the disposal system to be modified to accommodate increased
quantities without degradation in long-term stability and other performance
factors shall be evaluated.
(b)
An applicant shall evaluate disposal site selection.
(1)
In selecting among alternative tailings or waste disposal
sites or judging the adequacy of existing sites, the applicant shall consider
the following site features which would contribute to the general goal or
broad objective of isolating the tailings or wastes and associated contaminants
without ongoing active maintenance:
(A)
remoteness from populated areas;
(B)
hydrogeologic and other natural or environmental conditions
conducive to continued immobilization and isolation of contaminants from
groundwater sources; and
(C)
potential for minimizing erosion, disturbance, and dispersion
by natural forces over the long term.
(2)
The site selection process must be an optimization
to the maximum extent reasonably achievable in terms of these site features.
(3)
In the selection of disposal sites, primary emphasis
shall be given to isolation of the tailings or waste, a matter having long-term
impacts, as opposed to consideration only of short-term convenience or benefits
(e.g., minimization of transportation or land acquisition costs). While isolation
of tailings or waste will also be a function of both site and engineering
design, overriding consideration shall be given to siting features.
(4)
Tailings should be disposed of in a manner that no
active maintenance is required to preserve conditions of the site.
(c)
To avoid proliferation of small waste disposal sites and
thereby reduce perpetual surveillance obligations, waste from uranium recovery
facilities using in situ extraction processes and waste from small remote
facilities using above-ground extraction processes shall be disposed of at
existing large tailings disposal sites. The commission will consider an alternative
to this requirement only if the applicant demonstrates that such offsite
disposal is impracticable, considering the nature of the waste (e.g., the
volume and specific activity) and the costs and environmental impacts of
transporting the waste, or that the advantages of onsite burial clearly outweigh
the benefits of reducing the perpetual surveillance obligations.
(d)
The applicant's environmental report shall evaluate alternative
sites and disposal methods and shall consider disposal of tailings by placement
below grade. Where full below-grade burial is not practicable, the size of
retention structures and size and steepness of slopes associated with exposed
embankments shall be minimized by excavation to the maximum extent reasonably
achievable or appropriate given the geologic and hydrologic conditions at
a site. In these cases, it must be demonstrated that above-grade disposal
will provide reasonably equivalent isolation of the tailings or wastes from
natural erosional forces.
(e)
The following site and design requirements shall be adhered
to whether tailings or wastes are disposed of above or below grade:
(1)
Upstream rainfall catchment areas must be minimized to
decrease erosion potential and the size of floods which could erode or wash
out sections of the tailings disposal area;
(2)
Topographic features should provide good wind protection;
(3)
The embankment and cover slopes shall be relatively
flat after final stabilization to minimize erosion potential and to provide
conservative factors of safety assuring long-term stability. The objective
should be to contour final slopes to grades which are as close as possible
to those which would be provided if tailings were disposed of below grade.
Slopes shall not be steeper than 5 horizontal to 1 vertical (5h:1v), except
as specifically authorized by the commission. Where steeper slopes are proposed,
reasons why a slope less steep than 5h:1v would be impracticable should be
provided, and compensating factors and conditions which make such slopes
acceptable shall be identified;
(4)
A full self-sustaining vegetative cover shall be established
or rock cover employed to reduce wind and water erosion to negligible levels.
Where a full vegetative cover is not likely to be self-sustaining due to
climatic or other conditions, such as in semi-arid and arid regions, rock
cover shall be employed on slopes of the impoundment system. The commission
will consider alternatives to this requirement for extremely gentle slopes,
such as those which may exist on the top of the pile.
(5)
Individual rock fragments shall be resistant to erosion
and weathering action. Local rock materials are permissible provided the
characteristics under local climatic conditions indicate similar long-term
performance as a protective layer. Weak, friable, or laminated aggregate
may not be used. The following factors shall be considered in establishing
the final rock cover design to avoid displacement of rock particles by human
and animal traffic or by natural processes and to preclude undercutting and
piping:
(A)
shape, size, composition, and gradation of rock particles
(except that bedding material average particle size shall be at least cobble
size or greater);
(B)
rock cover thickness and zoning of particles by size;
and
(C)
steepness of underlying slopes.
(6)
Alternatives to rock covering of slopes may be
considered where top covers are very thick (on the order of 10 meters or
greater), impoundment slopes are very gentle (on the order of 10h:1v or less),
bulk cover materials have inherently favorable erosion resistance characteristics,
there is negligible drainage catchment area upstream of the pile, and there
is good wind protection. Furthermore, all impoundment surfaces shall be contoured
to avoid areas of concentrated surface runoff or abrupt or sharp changes
in slope gradient. In addition to rock cover on slopes, areas toward which
surface runoff might be directed shall be well protected with substantial
rock cover (rip rap). In addition to providing for stability of the impoundment
system itself, overall stability, erosion potential, and geomorphology of
surrounding terrain shall be evaluated to assure that there are no ongoing
or potential processes, such as gully erosion, which would lead to impoundment
instability;
(7)
The impoundment shall not be located near a capable
fault that could cause a maximum credible earthquake larger than that which
the impoundment could reasonably be expected to withstand; and
(8)
The impoundment should be designed to incorporate
features which will promote deposition. Design features which promote deposition
of sediment suspended in any runoff which flows into the impoundment area
might be utilized. The object of such a design feature would be to enhance
the thickness of cover over time.
§336.614.Groundwater Protection.
The groundwater protection requirements in this section and those in
§336.615 of this title (relating to Secondary Groundwater Protection),
§336.616 of this title (relating to Corrective Action Program), and
§336.636, Appendix A, of this title (relating to Maximum Concentrations
for Groundwater Protection) apply during operations and until closure is
completed. Groundwater monitoring to comply with these standards is required
by §336.623 of this title (relating to Monitoring Requirements).
(1)
The primary groundwater protection standard is a design
standard for surface impoundments used to manage uranium and thorium byproduct
material. Unless exempted under paragraph (3) of this subsection, surface
impoundments (except for an existing portion) shall have a liner that is
designed, constructed, and installed to prevent any migration of wastes out
of the impoundment to the adjacent subsurface soil, groundwater, or surface
water at any time during the active life (including the closure period) of
the impoundment. The liner may be constructed of materials that may allow
wastes to migrate into the liner (but not into the adjacent subsurface soil,
groundwater, or surface water) during the active life of the facility, provided
that impoundment closure shall include removal or decontamination of all
waste residues, contaminated containment system components (liners, etc.),
contaminated subsoils, and structures and equipment contaminated with waste
and leachate. For impoundments that will be closed with the liner material
left in place, the liner shall be constructed of materials that can prevent
wastes from migrating into the liner during the active life of the facility.
(2)
The liner required by paragraph (1) of this subsection
shall be:
(A)
constructed of materials that have appropriate chemical
properties and sufficient strength and thickness to prevent failure due to
pressure gradients (including static head and external hydrogeologic forces),
physical contact with the wastes or leachate to which they are exposed, climatic
conditions, the stress of installation, and the stress of daily operation;
(B)
placed upon a foundation or base capable of providing
support to the liner and resistance to pressure gradients above and below
the liner to prevent failure of the liner due to settlement, compression,
or uplift; and
(C)
installed to cover all surrounding earth likely to be
in contact with the wastes or leachate.
(3)
The applicant or licensee will be exempted from
the requirements of paragraph (1) of this subsection if the commission finds,
based on a demonstration by the applicant or licensee, that alternate design
and operating practices, including the closure plan, together with site characteristics
will prevent the migration of any hazardous constituents into groundwater
or surface water at any future time. In deciding whether to grant an exemption,
the commission will consider:
(A)
the nature and quantity of the wastes;
(B)
the proposed alternate design and operation;
(C)
the hydrogeologic setting of the facility, including the
attenuative capacity and thickness of the liners and soils present between
the impoundment and groundwater or surface water; and
(D)
all other factors which would influence the quality and
mobility of the leachate produced and the potential for it to migrate to
groundwater or surface water.
(4)
A surface impoundment shall be designed, constructed,
maintained, and operated to prevent overtopping resulting from normal or
abnormal operations, overfilling, wind and wave actions, rainfall, or runoff;
from malfunctions of level controllers, alarms, and other equipment; and
from human error.
(5)
When dikes are used to form the surface impoundment,
the dikes shall be designed, constructed, and maintained with sufficient
structural integrity to prevent massive failure of the dikes. In ensuring
structural integrity, it shall not be presumed that the liner system will
function without leakage during the active life of the impoundment.
§336.615.Secondary Groundwater Protection.
(a)
Uranium and thorium byproduct materials shall be managed
to conform to the following secondary groundwater protection standard: hazardous
constituents, as defined in §336.602 of this title (relating to Definitions),
entering the groundwater from a licensed site must not exceed the specified
concentration limits in the uppermost aquifer beyond the point of compliance
during the compliance period. Specified concentration limits are those limits
established by the commission as indicated in subsection (d) of this section.
The commission will also establish the point of compliance and compliance
period on a site-specific basis through license conditions or orders. When
the detection monitoring established under §336.623 of this title (relating
to Monitoring Requirements) indicates leakage of hazardous constituents from
the disposal area, the commission will identify hazardous constituents, establish
concentration limits, and set the compliance period and may adjust the point
of compliance if needed in accordance with developed data and site information
regarding the flow of groundwater or contaminants.
(b)
Even when constituents meet all three tests in the definition
of hazardous constituent in §336.602 of this title (relating to Definitions),
the commission may exclude a detected constituent from the set of hazardous
constituents on a site-specific basis if it finds that the constituent is
not capable of posing a substantial present or potential hazard to human
health or the environment. In deciding whether to exclude constituents, the
commission will consider the following:
(1)
potential adverse effects on groundwater quality, considering
the:
(A)
physical and chemical characteristics of the waste in
the licensed site, including its potential for migration;
(B)
hydrogeological characteristics of the licensed site and
surrounding land;
(C)
quantity of groundwater and the direction of groundwater
flow;
(D)
proximity of groundwater users and groundwater withdrawal
rates;
(E)
current and future uses of groundwater in the area;
(F)
existing quality of groundwater, including other sources
of contamination and cumulative impact on the groundwater quality;
(G)
potential for human health risks caused by human exposure
to waste constituents;
(H)
potential damage to wildlife, crops, vegetation, and physical
structures caused by exposure to waste constituents; and
(I)
persistence and permanence of potential adverse effects.
(2)
potential adverse effects on quality of hydraulically-connected
surface water, considering the:
(A)
volume and physical and chemical characteristics of the
byproduct material in the licensed site;
(B)
hydrogeological characteristics of the licensed site and
surrounding land;
(C)
quantity and quality of groundwater and the direction
of groundwater flow;
(D)
patterns of rainfall in the region;
(E)
proximity of the licensed site to surface waters;
(F)
current and future uses of surface waters in the area
and any water quality standards established for those surface waters;
(G)
existing quality of surface water, including other sources
of contamination and the cumulative impact on surface water quality;
(H)
potential for human health risks caused by human exposure
to waste constituents;
(I)
potential damage to wildlife, crops, vegetation, and physical
structures caused by exposure to waste constituents; and
(J)
persistence and permanence of the potential adverse effects.
(c)
In making any determinations under subsections (b) and
(e) of this section about the use of groundwater in the area around the facility,
the commission will consider any identification of underground sources of
drinking water and exempted aquifers made by the United States Environmental
Protection Agency and the commission.
(d)
At the point of compliance, the concentration of a hazardous
constituent shall not exceed:
(1)
the commission-approved background concentration of that
constituent in the groundwater;
(2)
the respective concentration given in §336.636,
Appendix A, of this title (relating to Maximum Concentrations for Groundwater
Protection), if the constituent is listed in the table and if the background
level of the constituent is below the value listed; or
(3)
an alternate concentration limit established by the
commission.
(e)
Alternate concentration limits to background concentrations
or to the drinking water limits in §336.636, Appendix A, of this title
that present no significant hazard may be proposed by licensees for commission
consideration. Licensees shall provide the basis for any proposed limits
including consideration of practicable corrective actions, evidence that
limits are as low as reasonably achievable, and information on the factors
the commission must consider. The commission will establish a site-specific
alternate concentration limit for a hazardous constituent, as provided in
subsection (d) of this section, if it finds that the proposed limit is as
low as reasonably achievable, after considering practicable corrective actions,
and that the constituent will not pose a substantial present or potential
hazard to human health or the environment as long as the alternate concentration
limit is not exceeded. In making the finding relating to present and potential
hazard, the commission will consider the factors listed in subsection (b)(1)
and (2) of this section.
§336.616.Corrective Action Program.
(a)
If the groundwater protection standards established under
§336.615 of this title (relating to Secondary Groundwater Protection)
are exceeded at a licensed site, a corrective action program must be put
into operation as soon as is practicable, in accordance with the procedures
set forth in this section.
(b)
If compliance monitoring conducted pursuant to §336.623
(c) of this title (relating to Monitoring Requirements) indicates that a
groundwater protection standard may be exceeded, the licensee shall notify
the executive director. Following a review of monitoring data and any other
pertinent information, the executive director will make a determination as
to whether a groundwater protection standard has been exceeded. The licensee
shall submit for commission approval a proposed corrective action program
and the supporting rationale by the date specified by the executive director.
The objective of the corrective action program is to reduce hazardous constituent
concentration levels in the groundwater to achieve compliance with the concentration
limits set as standards. The licensee's proposed program must address removing
the hazardous constituents in the groundwater at the point of compliance
or treating in place. The licensee's proposed program must also address removing
or treating in place any hazardous constituents that exceed concentration
limits in groundwater between the point of compliance and the downgradient
licensed site boundary.
(c)
The licensee shall obtain commission approval, through
license amendment, prior to putting the proposed corrective action program
into operation, unless otherwise directed by the executive director. Upon
commission approval of a corrective action program, the licensee shall implement
the approved program as specified by license condition. In no event shall
the implementation of a corrective action program begin later than 18 months
after the executive director makes a determination that the groundwater protection
standards have been exceeded. If necessary, the commission by order or the
executive director may direct that the licensee begin implementing interim
corrective measures, prior to approval of the licensee's proposed program
through license amendment.
(d)
The licensee shall continue corrective action measures
to the extent necessary to achieve and maintain compliance with the groundwater
protection standard. The commission will determine when the licensee may
terminate corrective action measures based on data from the groundwater monitoring
program and other information that provides reasonable assurance that the
groundwater protection standard will not be exceeded.
§336.617.Other Considerations for Groundwater Protection.
In developing and conducting groundwater protection programs, applicants
and licensees shall also consider the following:
(1)
installation of bottom liners. Where synthetic liners are
used, a leakage-detection system shall be installed immediately below the
liner to ensure detection of any major failures. This is in addition to the
groundwater monitoring program conducted as provided in §336.623(b)
of this title (relating to Monitoring Requirements). Where clay liners are
proposed or relatively thin, in situ clay soils are to be relied upon for
seepage control, tests shall be conducted with representative tailings solutions
and clay materials to confirm that no significant deterioration of permeability
or stability properties will occur with continuous exposure of clay to tailing
solutions. Tests shall be run for a sufficient period of time to reveal any
effects that may occur;
(2)
mill process designs which provide the maximum practicable
recycle of solutions and conservation of water to reduce the net input of
liquid to the tailings impoundment;
(3)
dewatering of tailings by process devices and/or in
situ drainage systems. At new sites, tailings shall be dewatered by a drainage
system installed at the bottom of the impoundment to lower the phreatic surface
and reduce the driving head of seepage, unless tests show tailings are not
amenable to such a system. Where in situ dewatering is to be conducted, the
impoundment bottom shall be graded to assure that the drains are at a low
point. The drains shall be protected by suitable filter materials to assure
that drains remain free-running. The drainage system shall also be adequately
sized to assure good drainage; and
(4)
neutralization to promote immobilization of hazardous
constituents.
§336.618.Seepage Control Systems.
If adverse groundwater impacts or conditions conducive to adverse groundwater
impacts occur due to seepage, action shall be taken to alleviate the impacts
or conditions and to restore groundwater quality to levels consistent with
those before operations began. The specific seepage control and groundwater
protection method, or combination of methods, to be used shall be worked
out on a site-specific basis. Technical specifications shall be prepared
for installation of seepage control systems. A quality assurance, testing,
and inspection program, which includes supervision by a qualified engineer
or scientist, shall be established to assure that specifications are met.
§336.619.Tailings or Waste Disposal System.
In support of a proposal for a tailings or waste disposal system,
the applicant or licensee shall supply the following information:
(1)
the chemical and radioactive characteristics of the tailings
or wastes;
(2)
the characteristics of the underlying soil and geologic
formations particularly as they will control transport of contaminants and
solutions. This shall include detailed information concerning extent, thickness,
uniformity, shape, and orientation of underlying strata. Hydraulic gradients
and conductivities of the various formations shall be determined. This information
shall be gathered from borings and field survey methods taken within the
proposed impoundment area and in surrounding areas where contaminants might
migrate to groundwater. The information gathered on boreholes shall include
both geologic and geophysical logs in sufficient number and degree of sophistication
to allow determining significant discontinuities, fractures, and channeled
deposits of high hydraulic conductivity. If field survey methods are used,
they should be in addition to and calibrated with borehole logging. Hydrologic
parameters such as permeability shall not be determined on the basis of laboratory
analysis of samples alone. A sufficient amount of field testing (e.g., pump
tests) shall be conducted to assure actual field properties are adequately
understood. Testing shall be conducted to make possible estimates of chemisorption
attenuation properties of underlying soil and rock; and
(3)
the location, extent, quality, capacity, and current
uses of any groundwater at and near the site.
§336.620.Ore Stockpiling.
If ore is stockpiled, methods shall be used to minimize penetration
of radionuclides and other substances into underlying soils.
§336.621.Disposal Area Cover and Closure.
(a)
In disposing of tailings or wastes, licensees shall place
an earthen cover over the tailings or wastes at the end of the uranium or
thorium recovery operations and shall close the tailings or waste disposal
area in accordance with a design (In the case of thorium byproduct materials,
the standard applies only to design. Monitoring for radon emissions from
thorium byproduct materials after installation of an appropriately designed
cover is not required.) which provides reasonable assurance of control of
radiological hazards to:
(1)
be effective for 1,000 years, to the extent reasonably
achievable and, in any case, for at least 200 years; and
(2)
limit releases of radon-222 from uranium byproduct
materials and radon-220 from thorium byproduct materials to the atmosphere
so as not to exceed an average release rate of 20 picocuries/square meter/second
(pCi/m) to the extent practicable throughout the effective design life determined
pursuant to paragraph (1) of this subsection. This average applies to the
entire surface of each disposal area over a period of at least one year,
but a period short compared to 100 years. Radon will come from both byproduct
materials and cover materials. Radon emissions from cover materials should
be estimated as part of developing a closure plan for each site. The standard,
however, applies only to emissions from byproduct materials to the atmosphere.
(b)
In computing required tailings or waste cover thicknesses,
moisture in soils in excess of amounts found normally in similar soils in
similar circumstances may not be considered. Direct gamma exposure from the
tailings or wastes should be reduced to background levels. The effects of
any thin synthetic layer may not be taken into account in determining the
calculated radon exhalation level. If non-soil materials are proposed as
cover materials, the licensee must demonstrate that these materials will
not crack or degrade by differential settlement, weathering, or other mechanisms
over long-term intervals.
(c)
As soon as reasonably achievable after emplacement of the
final cover to limit releases of radon-222 from uranium byproduct material
and prior to placement of erosion protection barriers or other features necessary
for long-term control of the tailings, the licensee shall verify through
appropriate testing and analysis that the design and construction of the
final radon barrier is effective in limiting releases of radon-222 to a level
not exceeding 20 pCi/m2s averaged over the entire pile or impoundment using
the procedures described in 40 CFR Part 61, Appendix B, Method 115 (relating
to Monitoring for Radon-222 Emissions), or another method of verification
approved by the United States Nuclear Regulatory Commission as being at least
as effective in demonstrating the effectiveness of the final radon barrier.
(d)
When phased emplacement of the final radon barrier is included
in the applicable reclamation plan, as defined in §336.602 of this title
(relating to Definitions), the verification of radon-222 release rates required
in subsection (c) of this section must be conducted for each portion of the
pile or impoundment as the final radon barrier for that portion is emplaced.
(e)
Within 90 days of the completion of all testing and analysis
relevant to the required verification in subsections (c) and (d) of this
section, the uranium recovery licensee shall report to the executive director
the results detailing the actions taken to verify that levels of release
of radon-222 do not exceed 20 pCi/m
2
s when averaged
over the entire pile or impoundment. The licensee shall maintain records
documenting the source of input parameters, including the results of all
measurements on which they are based, the calculations and/or analytical
methods used to derive values for input parameters, and the procedure used
to determine compliance. These records shall be maintained until termination
of the license and shall be kept in a form suitable for transfer to the custodial
agency at the time of transfer of the site to the State or the United States
pursuant to §336.629 of this title (relating to Land Ownership of Tailings
or Waste Disposal Sites).
(f)
Near-surface cover materials may not include waste, rock,
or other materials that contain elevated levels of radium. Soils used for
near-surface cover must be essentially the same, as far as radioactivity
is concerned, as surrounding surface soils. This is to ensure that surface
radon exhalation is not significantly above background because of the cover
material itself.
(g)
The design requirements in this section for longevity and
control of radon releases apply to any portion of a licensed and/or disposal
site unless such portion contains a concentration of radium in land, averaged
over areas of 100 m
2
, which, as a result of
byproduct material, does not exceed the background level by more than:
(1)
five picocuries per gram (pCi/g) of radium-226, or, in
the case of thorium byproduct material, radium-228, averaged over the first
15 centimeters (cm) below the surface; and
(2)
15 pCi/g of radium-226, or, in the case of thorium
byproduct material, radium-228, averaged over 15-cm thick layers more than
15 cm below the surface.
(h)
The licensee shall also address the nonradiological hazards
associated with the tailings or wastes in planning and implementing closure.
The licensee shall ensure that disposal areas are closed in a manner that
minimizes the need for further maintenance. To the extent necessary to prevent
threats to human health and the environment, the licensee shall control,
minimize, or eliminate post-closure escape of nonradiological hazardous constituents,
leachate, contaminated rainwater, or waste decomposition products to groundwater,
surface waters, or the atmosphere.
§336.622.Closure Completion Milestones and Schedule.
(a)
For impoundments containing uranium byproduct materials,
the final radon barrier must be completed as expeditiously as practicable
considering technological feasibility after the pile or impoundment ceases
operation in accordance with a written reclamation plan, as defined in §336.602
of this title (relating to Definitions), approved by the commission by license
amendment. (The term "as expeditiously as practicable considering technological
feasibility" as specifically defined in §336.602 of this title includes
"factors beyond the control of the licensee" as defined.) Deadlines for completion
of the final radon barrier and applicable interim milestones must be established
as license conditions. Applicable interim milestones may include, but are
not limited to, the retrieval of windblown tailings and placement on the
pile and the interim stabilization of the tailings or wastes (including dewatering
or the removal of freestanding liquids and recontouring). The placement of
erosion protection barriers or other features necessary for long-term control
of the tailings or wastes must also be completed in a timely manner in accordance
with a written reclamation plan approved by the commission by license amendment.
(b)
The commission may approve by license amendment a licensee's
request to extend the time for performance of milestones related to emplacement
of the final radon barrier if, after providing an opportunity for public
participation, the commission finds that the licensee has adequately demonstrated
in the manner required in §336.621(c) of this title (relating to Disposal
Area Cover and Closure) that releases of radon-222 do not exceed an average
of 20 pCi/m
2
s. If the delay is approved on the
basis that the radon releases do not exceed 20 pCi/m
2
s, a verification of radon levels, as required by §336.621(c)
of this title, must be made annually during the period of delay. In addition,
once the commission has established the date in the reclamation plan for
the milestone for completion of the final radon barrier, the commission may
by license amendment extend that date based on cost if, after providing an
opportunity for public participation, the commission finds that the licensee
is making good faith efforts to emplace the final radon barrier, the delay
is consistent with the definition of "available technology," as given in
§336.2 of this title (relating to Definitions) and the radon releases
caused by the delay will not result in a significant incremental risk to
the public health.
(c)
The commission may authorize by license amendment, upon
licensee request, a portion of the impoundment to accept uranium byproduct
material, as defined in 10 CFR Part 40 (relating to Domestic Licensing of
Source Material), or such materials that are similar in physical, chemical,
and radiological characteristics to the uranium mill tailings and associated
wastes already in the pile or impoundment, from other sources during the
closure process. No such authorization will be made if it results in a delay
or impediment to emplacement of the final radon barrier over the remainder
of the impoundment in a manner that will achieve levels of radon-222 releases
not exceeding 20 pCi/m
2
s averaged over the entire
impoundment. The verification required in §336.621(c) of this title
may be completed with a portion of the impoundment being used for further
disposal if the commission makes a final finding that the impoundment will
continue to achieve a level of radon-222 releases not exceeding 20 pCi/m
§336.623.Monitoring Requirements.
(a)
Prior to commencement of construction, a pre-operational
monitoring program shall be conducted for one full year to provide complete
baseline data on the site and its environs. Throughout the construction and
operating phases of the project, an operational monitoring program shall
be conducted to measure or evaluate compliance with applicable standards
and rules; to evaluate performance of control systems and procedures; to
evaluate environmental impacts of operation; and to detect potential long-term
effects.
(b)
For purposes of the secondary groundwater protection program
under §336.615 of this title (relating to Secondary Groundwater Protection),
the licensee shall establish a detection monitoring program. The licensee
or applicant shall propose, for commission approval as license conditions,
which constituents are to be monitored on a site-specific basis. The initial
purpose of the detection monitoring program is to detect leakage of hazardous
constituents from the disposal area so that the need to set groundwater protection
standards is monitored. The second purpose of the detection monitoring program
is to generate data and information needed for the commission to establish
the site-specific standards under §336.615 of this title, if leakage
of hazardous constituents is detected. The data and information shall provide
a sufficient basis to identify those hazardous constituents which require
concentration limit standards and to enable the commission to set the limits
for those constituents and the compliance period. The data and information
may also provide the basis for adjustments to the point of compliance. The
detection monitoring programs must be in place when specified by the commission
in orders or license conditions. Once groundwater protection standards have
been established under §336.615 of this title, the licensee shall establish
and implement a compliance monitoring program. The purpose of the compliance
monitoring program is to determine that the hazardous constituent concentrations
in groundwater continue to comply with the standards set by the commission.
In conjunction with a corrective action program established under §336.616
of this title (relating to Corrective Action Program), the licensee shall
establish and implement a corrective action monitoring program to demonstrate
the effectiveness of the corrective actions. Any monitoring program required
by this subsection may be based on existing monitoring programs to the extent
the existing programs can meet the stated objective for the program.
§336.624.Airborne Emission and Discharge Control Requirements.
(a)
Facilities shall be designed and operations shall be conducted
so that all airborne effluent releases are as low as is reasonably achievable.
The primary means of accomplishing this shall be by means of emission controls.
Institutional controls, such as extending the site boundary and exclusion
area, may be employed to ensure that offsite exposure limits are met, but
only after all practicable measures have been taken to control emissions
at the source. Notwithstanding the existence of individual dose standards,
strict control of emissions is necessary to assure that population exposures
are reduced to the maximum extent reasonably achievable and to avoid site
contamination.
(b)
During operations and prior to closure, radiation doses
from radon emissions from surface impoundments of uranium or thorium byproduct
materials must be kept as low as is reasonably achievable.
(c)
Checks shall be made and logged hourly of all parameters
which determine the efficiency of emission control equipment operation. It
shall be determined whether or not conditions are within a range prescribed
to ensure that the equipment is operating consistently near peak efficiency.
Corrective action shall be taken when performance is outside of prescribed
ranges. Effluent control devices shall be operative at all times during drying
and packaging operations and whenever air is exhausting from the stack. Drying
and packaging operations shall terminate when controls are inoperative. When
checks indicate the equipment is not operating within the range prescribed
for peak efficiency, actions shall be taken to restore parameters to the
prescribed range. When this cannot be done without shutdown and repairs,
drying and packaging operations shall cease as soon as practicable. Operations
may not be restarted after cessation due to off-normal performance until
needed corrective actions have been identified and implemented. All such
cessations, corrective actions, and restarts shall be reported to the executive
director in writing within 10 days of the subsequent restart.
(d)
To control dusting from tailings or wastes, that portion
not covered by standing liquids shall be wetted or chemically stabilized
to prevent or minimize blowing and dusting to the maximum extent reasonably
achievable. This requirement may be relaxed if tailings or wastes are effectively
sheltered from wind, such as may be the case with below-grade disposal. Consideration
shall be given in planning tailings or waste disposal programs to methods
which would allow phased covering and reclamation of tailings or waste impoundments.
To control dusting from diffuse sources, the applicant or licensee shall
develop written operating procedures specifying the methods of control which
will be utilized.
(e)
Milling operations producing or involving thorium byproduct
material shall be conducted in such a manner as to provide reasonable assurance
that the annual dose equivalent does not exceed 25 millirems to the whole
body, 75 millirems to the thyroid, and 25 millirems to any other organ of
any member of the public as a result of exposures to the planned discharge
of radioactive materials to the general environment, radon-220 and its daughters
excepted.
(f)
Uranium and thorium byproduct materials must be managed
so as to conform to the applicable provisions of 40 CFR Part 440 (relating
to Ore Mining and Dressing Point Source Category), as codified on January
1, 1983.
§336.625.Daily Inspections of Tailings or Waste Retention Systems.
Daily inspections of tailings or waste retention systems shall be conducted
by a qualified individual and documented. General qualifications for such
individuals conducting such inspections shall be included in the license
application submitted under §336.603 of this title (relating to Filing
of Application). Records of the inspections shall be maintained for inspection
by the executive director.
§336.626.Requirement Alternatives.
(a)
The licensee or applicant may propose alternatives to the
specific technical requirements in this subchapter, §336.627 of this
title (relating to Financial Assurance Requirements), §336.628 of this
title (relating to Long-Term Care and Surveillance Requirements), and §336.629
of this title (relating to Land Ownership of Tailings or Waste Disposal Sites).
The alternative proposals may take into account local or regional conditions,
including geology, topography, hydrology, and meteorology.
(b)
The commission may find that the proposed alternatives
meet the commission's requirements if the alternatives will achieve a level
of stabilization and containment of the sites concerned and a level of protection
for the public health and safety and the environment from radiological and
nonradiological hazards associated with the sites which is equivalent to,
to the extent practicable, or more stringent than the level which would be
achieved by the technical requirements of this subchapter, §336.627
of this title, §336.628 of this title, and §336.629 of this title
and the standards promulgated by the United States Environmental Protection
Agency in 40 CFR Part 192, Subparts D and E (relating to Standards for Management
of Uranium Byproduct Materials Pursuant to Section 84 of the Atomic Energy
Act of 1954, as Amended, and Standards for Management of Thorium Byproduct
Materials Pursuant to Section 84 of the Atomic Energy Act of 1954, as Amended;
respectively).
(c)
All site-specific licensing decisions based on the criteria
in the technical requirements of this subchapter, §336.627 of this title,
§336.628 of this title, and §336.629 of this title or alternatives
proposed by a licensee or applicant shall take into account the risk to the
public health and safety and the environment with due consideration to the
economic costs involved and any other factors the commission determines to
be appropriate.
(d)
Any proposed alternatives to the specific technical requirements
in this subchapter, §336.627 of this title, §336.628 of this title,
and §336.629 of this title must be approved by the United States Nuclear
Regulatory Commission with notice and opportunity for public hearing as required
in 10 CFR §150.31(d) (relating to Requirements for Agreement State Regulation
of Byproduct Material).
§336.627.Financial Assurance Requirements.
(a)
Financial assurance, or security, for decontamination,
decommissioning, reclamation, restoration, disposal, and any other requirements
of the commission shall be established at least 60 days before commencement
of operations.
(b)
Financial assurance mechanisms submitted to comply with
this section shall meet the requirements specified in Subchapter I of this
chapter (relating to Financial Assurance).
(c)
Financial assurance planning and cost estimating shall
be completed.
(1)
The amount of funds to be ensured by the financial assurance
arrangement shall be based on cost estimates approved by the executive director
which are based on a commission-approved plan to carry out:
(A)
decontamination, decommissioning, restoration, and reclamation
of buildings and the site to levels which would allow unrestricted use; and
(B)
the reclamation of the tailings and waste disposal areas
in accordance with the technical requirements of this subchapter.
(2)
The applicant shall submit a closure plan covering
the requirements of paragraph (1)(A) and (B) of this subsection, including
the cost estimates, in conjunction with the environmental report that addresses
the expected environmental impacts of operations of the uranium or thorium
recovery facility, decommissioning, and tailings reclamation and that evaluates
alternatives for mitigating these impacts.
(3)
The applicant's cost estimates shall take into account
the total costs that would be incurred if an independent contractor were
hired to perform the decontamination, decommissioning, restoration, and reclamation.
(d)
The financial assurance shall also cover the payment of
the charge for long-term care and surveillance, as required under §336.628
of this title (relating to Long-Term Care and Surveillance Requirements).
(e)
The licensee's financial assurance will be reviewed annually
by the executive director to assure that sufficient funds will be available
for completion of the closure plan, assuming that the work has to be performed
by an independent contractor. The licensee shall submit current cost estimates
to the executive director annually at least 60 days before the expiration
month and day (anniversary date) of the license. The amount of financial
assurance shall be adjusted to recognize any increases or decreases resulting
from inflation, changes in engineering plans, activities performed, and any
other conditions affecting costs. Regardless of whether reclamation is phased
through the life of the operation or takes place at the end of operations,
an appropriate portion of the financial assurance shall be retained until
final compliance with the closure plan is determined by the executive director.
The amount of financial assurance shall be sufficient at all times to cover
the costs of decontamination, decommissioning, restoration, and reclamation
of buildings and the site affected by activities to date and by activities
that are reasonably expected to occur before the next annual review.
(f)
After the licensee notifies the executive director that
decontamination, decommissioning, reclamation, restoration, and disposal
have been completed and requests termination of the license in accordance
with §336.217 of this title (relating to Expiration and Termination
of Licenses and Decommissioning of Sites and Separate Buildings or Outdoor
Areas), the executive director shall determine whether these activities have
been conducted and completed in accordance with the requirements of §336.217
of this title and the conditions of the license. If the executive director
finds that the requirements have been met and the commission terminates the
license, the executive director shall direct the return or release of the
licensee's financial assurance.
§336.628.Long-Term Care and Surveillance Requirements.
(a)
Unless otherwise provided by the commission, each licensee
under this subchapter shall make a payment into the Radiation and Perpetual
Care Fund in an amount specified by the executive director to cover the costs
of long-term care, surveillance, and, where necessary, maintenance. The executive
director shall make such determinations on a case-by-case basis.
(b)
The minimum charge to cover the costs of long-term care
and surveillance shall be $250,000 (1978 dollars). The final disposition
of tailings or wastes should be such that ongoing active maintenance is not
required to preserve conditions of the site and isolation of the tailings
or wastes. If site surveillance, control, or maintenance requirements at
a particular site are determined, on the basis of site-specific evaluation,
to be significantly greater (e.g., if fencing or monitoring is determined
to be necessary), the executive director may specify a higher charge.
(c)
The total charge must be such that, with an assumed 1.0%
annual real interest rate, the collected funds will yield interest in an
amount sufficient to cover the annual costs of site care, surveillance, and,
where necessary, maintenance. Prior to actual payment, the total charge will
be adjusted annually for inflation, as specified in §336.803(b) of this
title (relating to Financial Assurance Requirements).
(d)
The total charge shall be paid prior to or at the time
of the termination of the license. During the term of the license, the total
charge shall be covered by financial assurance as specified in §336.627
of this title (relating to Financial Assurance Requirements) and Subchapter
I of this chapter (relating to Financial Assurance).
(e)
The requirements of this section shall apply only to those
sites whose ownership is subject to being transferred to the State or the
United States. The total amount of funds collected by the State pursuant
to this section shall be transferred to the United States if title and custody
of the tailings and waste disposal site is transferred to the United States
upon termination of the license.
§336.629.Land Ownership of Tailings or Waste Disposal Sites.
(a)
These criteria relating to ownership of tailings or wastes
and their disposal sites apply to all licenses terminated, issued, or renewed
after November 8, 1981.
(b)
Any license for a uranium or thorium recovery facility
must contain such terms and conditions as the commission determines necessary
to assure that, prior to termination of the license, the licensee will comply
with ownership requirements of this section for sites used for tailings or
waste disposal.
(c)
Unless exempted by the United States Nuclear Regulatory
Commission, title to byproduct material licensed under this subchapter and
land, including any affected interests therein, (other than land owned by
the State or the United States) which is used for the disposal of byproduct
material, or is essential to ensure the long-term stability of the disposal
site, shall be transferred to the State or the United States, at the option
of the State, prior to the termination of the license. In view of the fact
that physical isolation must be the primary means of long-term control, and
government land ownership is a desirable supplementary measure, ownership
of certain severable subsurface interests (e.g., mineral rights) may be determined
to be unnecessary to protect the public health and safety and the environment.
In any case, however, the applicant or licensee shall demonstrate a serious
effort to obtain such subsurface rights and shall, in the event that certain
rights cannot be obtained, provide notification in local public land records
of the fact that the land is being used for the disposal of radioactive material
and is subject to a United States Nuclear Regulatory Commission license prohibiting
the disruption and disturbance of the tailings or wastes. In some rare cases,
such as may occur with deep burial where no ongoing site surveillance will
be required, surface land ownership transfer requirements may be waived by
the United States Nuclear Regulatory Commission. For licenses issued before
November 8, 1981, the United States Nuclear Regulatory Commission may take
into account the status of the ownership of such land, and interests therein,
and the ability of a licensee to transfer title and custody thereof to the
State or the United States.
(d)
If the United States Nuclear Regulatory Commission subsequent
to title transfer determines that use of the surface or subsurface estates,
or both, of the land transferred to the State or the United States will not
endanger the public health and safety or the environment, the United States
Nuclear Regulatory Commission may permit the use of the surface or subsurface
estates, or both, of such land in a manner consistent with the provisions
of this subchapter. If the United States Nuclear Regulatory Commission permits
such use of such land, it will provide the person who transferred such land
with the right of first refusal with respect to such use of such land.
(e)
Material and land transferred to the State or the United
States in accordance with this section must be transferred without cost to
the State or United States, other than administrative and legal costs incurred
in carrying out such transfer.
(f)
The provisions of this section regarding transfer of title
and custody to land and tailings and wastes do not apply in the case of lands
held in trust by the United States for any Indian tribe or lands owned by
such Indian tribe subject to a restriction against alienation imposed by
the Unites States. In such cases, the licensee shall enter into arrangements
with the United States Nuclear Regulatory Commission as may be appropriate
to assure long-term surveillance.
§336.636.Appendix A. Maximum Concentrations for Groundwater Protection.
Figure 1: 30 TAC §336.636, Appendix A
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618533
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: February 3, 1997
For further information, please call: (512) 239-6087
Subchapter C. Action by Executive Director
Chapter 281.
Applications Processing
Chapter 291.
Water Rates
Chapter 295.
Water Rights, Procedural
Chapter 297.
Water Rights, Substantive
Chapter 305.
Consolidated Permits
Subchapter C. Application for Permit
Subchapter D. Amendments, Modifications, Renewals, Transfers, Corrections, Revocations, and Suspension of Permits
Chapter 336
Radiation Rules
Chapter 336.
Radioactive Substance Rules
Subchapter B. Radioactive Substance Fees
Subchapter C. Additional Application, Operation, and License Requirements
Subchapter D. Standards for Protection Against Radiation
Subchapter E. Notices, Instructions, and Reports to Workers and Inspections
Subchapter F. Licensing of Alternative Methods of Disposal of Radioactive Material
Subchapter G. Licensing Requirements for Source Material (Uranium or Thorium) Recovery and Processing Facilities
Subchapter H. Licensing Requirements for Near-Surface Land Disposal of Radioactive Waste