reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter B - REQUIREMENTS FOR SITING THE REGIONAL DISPOSAL FACILITY › PHASE I SCREENING REQUIREMENTS › Section 236.121 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
						  section and §§
													236.122-236.128 contain both disqualifying
						  criteria and evaluation requirements.
(b) Disqualifying criteria denote conditions
						  that are unacceptable for the siting of a low-level radioactive waste disposal
						  facility. Implementation of disqualifying criteria requires that areas be
						  evaluated to determine the existence of disqualifying conditions. Siting a
						  low-level radioactive waste disposal facility in an area containing
						  disqualifying conditions is prohibited. The EQB will deny a proposed site
						  without further review if the proposed site contains disqualifying conditions.
						  The applicant bears the burden of proving that the site contains no
						  disqualifying conditions.
(c)
						  Evaluation requirements denote conditions that require identification,
						  investigation and assessment to determine acceptability. The EQB will not
						  approve a site unless the applicant successfully demonstrates with clear and
						  convincing evidence that the site complies with the evaluation
						  requirements.
This section cited in 25 Pa. Code §
															236.101 (relating to scope and
								applicability); 25 Pa. Code §
															236.104 (relating to siting
								process); and 25 Pa. Code §
															236.108 (relating to site
								justification).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter B - REQUIREMENTS FOR SITING THE REGIONAL DISPOSAL FACILITY › PHASE I SCREENING REQUIREMENTS › Section 236.122 - Demography and land use

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Disqualifying criteria.
Potentially suitable sites may not be
						  located where nearby facilities, activities, population or development will
						  mask monitoring of the disposal site or affect the disposal site's compliance
						  with the performance objectives.
(b)
Evaluation requirements.
Demographic and land use characteristics that could be affected by a
						  potentially suitable site relate to items, such as population distribution and
						  future growth, land use, nearby facilities, safety and support services and
						  economic conditions. Evaluations shall be made to determine the effects a
						  proposed site location could have on existing and projected future conditions.
(1) Conditions of ownership, such as surface
						  ownership, mineral rights, rights-of-way and liens shall be identified and
						  evaluated with respect to site acquisition requirements of section 307 of the
						  act (35 P. S. §
															7130.307).
(2) An evaluation of compatibility with
						  adopted county and municipal plans for land use and zoning, population
						  distribution, projected population growth and restrictions shall be on
						  record.
(3) The evaluations shall
						  show potential impacts on facilities and structures, including schools, parks,
						  hospitals, churches, retail centers, nursing homes and business
						  establishments.
(4) An evaluation
						  of support and safety services, including utilities, fire protection, police
						  and medical capabilities shall be currently available upon which the disposal
						  facility would rely. The evaluation shall include an assessment of future
						  service needs necessary to adequately support the disposal facility.
(5) Economic conditions within the affected
						  area of a potentially suitable site shall be described and analyzed. Potential
						  impacts on the existing conditions shall be determined. Sufficient information
						  and analysis shall be provided to allow for assessment of benefits and
						  guarantees under section 318 of the act (35 P. S. §
															7130.318).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter B - REQUIREMENTS FOR SITING THE REGIONAL DISPOSAL FACILITY › PHASE I SCREENING REQUIREMENTS › Section 236.123 - Evaluation requirements for transportation

Current through Register Vol. 54, No. 28, July 13, 2024
Existing and projected access roads, from potentially
							 suitable sites to points of exit off existing interstate or limited access
							 highways, shall be identified, described and evaluated with respect to:
(1) Their general type, conditions, upgrade
						  or construction needs.
(2)
						  Potential hazards for transportation.
(3) Residential dwellings per road
						  mile.
(4) Facilities such as
						  schools, parks or hospitals, per road mile.
(5) A total travel distance between a
						  potentially suitable site and points of exit from existing interstate or
						  limited access highways.
(6) Past
						  highway safety records.
This section cited in 25 Pa. Code §
															236.101 (relating to scope and
								applicability); 25 Pa. Code §
															236.104 (relating to siting
								process); 25 Pa. Code §
															236.108 (relating to site
								justification); and 25 Pa. Code §
															236.121 (relating to general
								requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter B - REQUIREMENTS FOR SITING THE REGIONAL DISPOSAL FACILITY › PHASE I SCREENING REQUIREMENTS › Section 236.124 - Evaluation requirements for meteorology and climatology

Current through Register Vol. 54, No. 28, July 13, 2024
Averages and extremes for regional climatic and
							 site-specific meteorology characteristics, such as temperature, precipitation,
							 humidity, freeze-thaw characteristics and historical trends for airflow
							 patterns, pressure systems and frontal movements, shall be described and
							 evaluated to determine potential effects on a potentially suitable site. The
							 potential for severe weather phenomena such as tornadoes and other storm events
							 based on historical data shall be evaluated.
This section cited in 25 Pa. Code §
															236.101 (relating to scope and
								applicability); 25 Pa. Code §
															236.104 (relating to siting
								process); 25 Pa. Code §
															236.108 (relating to site
								justification); and 25 Pa. Code §
															236.121 (relating to general
								requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter B - REQUIREMENTS FOR SITING THE REGIONAL DISPOSAL FACILITY › PHASE I SCREENING REQUIREMENTS › Section 236.125 - Seismology

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Disqualifying criteria
. Potentially suitable sites may not be
						  located within 1 mile of an active fault.
(b)
Evaluation requirements.
(1) Potentially suitable sites shall be
						  evaluated with respect to regional tectonic history and geologic structure,
						  including stability, faults, folds, joints and fractures.
(2) Capable faults identified in the vicinity
						  of a site shall be evaluated to determine correlation of the fault with
						  recorded or suspect earthquake activity and potential impact on site
						  stability.
(3) Potentially suitable
						  sites shall be evaluated to determine the proximity to known or reported
						  seismic epicenters within 200 miles. The probable seismic risk and impact
						  associated with those epicenters that reported a Mercalli intensity of (IV) or
						  greater shall be evaluated.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter B - REQUIREMENTS FOR SITING THE REGIONAL DISPOSAL FACILITY › PHASE I SCREENING REQUIREMENTS › Section 236.126 - Surface geology and hydrology

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Disqualifying criteria.
Potentially suitable sites may not be located:
(1) Within the limits of the 100-year
						  floodplain of a waterway as defined in the Flood Plain Management Act
						  (32
						  P. S. §§
															679.101-679.601).
(2) Within the limits of a coastal floodplain
						  as defined in Federal Executive Order 11988,
Flood Plain Management
						  Guidelines
(42
						  U.S.C.A. §
															4321, note).
(3) Within the area below a dam which may be
						  threatened with loss of life or serious damage to property if a failure of the
						  dam occurs.
(4) Where erosional
						  processes or mass movement of landforms, such as mass wasting and landslides,
						  would affect the long term stability and isolation of waste.
(5) Where there are slopes greater than 15%
						  on areas of the disposal site where disposal units may be located, as mapped on
						  USGS 7.5-minute quadrangles utilizing a scale of 1:24,000 with a contour
						  interval of either 10 feet or 20 feet or on county topographic maps that
						  utilize a scale of 1:50,000 and a contour interval of 20 feet.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter B - REQUIREMENTS FOR SITING THE REGIONAL DISPOSAL FACILITY › PHASE I SCREENING REQUIREMENTS › Section 236.127 - Subsurface geology and hydrology

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Disqualifying criteria.
Potentially suitable sites may not be located in areas where there is limestone
						  or other predominantly carbonate lithologic units which exhibit one of the
						  following characteristics:
(1) Outcrop at the
						  surface.
(2) Occur within 50 feet
						  of the surface and are greater than 5 feet thick.
(3) Have been identified as areas with a
						  potential for subsidence.
(4)
						  Currently exhibit evidence of subsidence at the surface.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter B - REQUIREMENTS FOR SITING THE REGIONAL DISPOSAL FACILITY › PHASE I SCREENING REQUIREMENTS › Section 236.128 - Natural resources

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Disqualifying criteria.
Potentially suitable sites may not be
						  located:
(1) Within 1/2 mile of a well or
						  spring which is used as a public water supply.
(2) Within 1/2 mile of either side of a
						  stream or impoundment for a distance of 5 stream miles upstream of a surface
						  water intake for a public water supply.
(3) Within 1/2 mile of an existing important
						  wetland, as defined in Chapter 105 (relating to dam safety and waterway
						  management).
(4) Within the
						  boundaries of the following:
(i) National Park
						  Systems.
(ii) National
						  Forests.
(iii) Natural Landmarks
						  designated by the National Park Service.
(iv) National Wildlife Refuges.
(v) National Fish Hatcheries.
(vi) National Wild and Scenic River Systems,
						  including study rivers designated under section 5(a) of the Wild and Scenic
						  River Act (15 U.S.C.A.
						  §
																1276(a)).
(vii) National System of Trails.
(viii) National Wilderness Preservation
						  Systems.
(ix) Exceptional Value
						  Watersheds.
(x) Historic sites
						  listed on the National Register of Historic Places.
(xi) State, county or municipal park
						  systems.
(xii) Land owned by the
						  Historical and Museum Commission.
(xiii) Lands protected by the Wild and Scenic
						  Rivers Program.
(xiv) Designated
						  natural and wild areas.
(5) Within the boundaries of State Forest and
						  State Game Lands unless the agency administering the lands has been given
						  authority by statute or ordinance to allow the siting and operation of the
						  regional disposal facility.
(6) In
						  areas over active or inactive oil and gas wells or gas storage areas. The
						  phrase "active or inactive oil and gas wells or storage areas" has the same
						  meaning as used in the Oil and Gas Act (58 P. S. §§
															601.101-601.605).
(7) On agricultural land established under
						  the Agricultural Area Security Law (3 P. S. §§
															901-915) or Class I agricultural land as
						  defined by the United States Soil Conservation Service.
(8) In areas over active or inactive mines
						  that are identified and substantiated by public records.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter B - REQUIREMENTS FOR SITING THE REGIONAL DISPOSAL FACILITY › PHASE II SITE SUITABILITY REQUIREMENTS › Section 236.141 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
						  section and §§
													236.142-236.149 establish and identify the
						  requirements that a site is required to meet to be considered suitable for the
						  proposed low-level radioactive waste disposal facility. Phase II, site-specific
						  characterization of the three preferred potentially suitable sites, begins
						  after approval is granted by the EQB under §
													236.104 (relating to siting
						  process) and after the Department approves the site characterization plan. Site
						  characterization will require access to the sites.
(b) Implementation of the site suitability
						  requirements requires the collection, documentation, analysis, discussion and
						  illustration of detailed site-specific data to supplement the data collected
						  during Phase I screening. The Phase II effort will substantiate or disprove the
						  validity of evaluations and projections made for the three preferred
						  potentially suitable sites chosen in Phase I. The applicant shall clearly
						  demonstrate that the preferred site meets the Phase I and Phase II siting
						  requirements and contributes to compliance with the performance objectives of
						  Subchapter A (relating to general provisions). The findings from the detailed
						  site characterization studies shall be presented as part of the license
						  application required in Subchapter C (relating to regional facility
						  license).
(c) For the type of
						  criteria in which the data collected are considered time variant by the
						  Department, there shall be a minimum of 1 year of data acquisition to
						  substantiate the validity of analyses and conclusions.
(d) The issuance of a license by the
						  Secretary constitutes final approval of the site for the disposal
						  facility.
This section cited in 25 Pa. Code §
															236.101 (relating to scope and
								applicability); and 25 Pa. Code §
															236.104 (relating to siting
								process).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter B - REQUIREMENTS FOR SITING THE REGIONAL DISPOSAL FACILITY › PHASE II SITE SUITABILITY REQUIREMENTS › Section 236.142 - Characterization and modeling

Current through Register Vol. 54, No. 28, July 13, 2024
A disposal site shall be capable of being
							 characterized, modeled, analyzed and monitored. Characterization shall be
							 adequate to define characteristics and conditions, both onsite and offsite,
							 through monitoring, analysis, modeling and demonstration, to substantiate that
							 the site can satisfy site suitability requirements and meet the performance
							 objectives.
This section cited in 25 Pa. Code §
															236.101 (relating to scope and
								applicability); 25 Pa. Code §
															236.104 (relating to siting
								process); and 25 Pa. Code §
															236.141 (relating to general
								requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter B - REQUIREMENTS FOR SITING THE REGIONAL DISPOSAL FACILITY › PHASE II SITE SUITABILITY REQUIREMENTS › Section 236.143 - Demography and land use

Current through Register Vol. 54, No. 28, July 13, 2024
A disposal site shall be located so that projected
							 population growth and future developments are not likely to affect the ability
							 of the disposal site to meet the performance objectives in Subchapter A
							 (relating to general provisions).
This section cited in 25 Pa. Code §
															236.101 (relating to scope and
								applicability); 25 Pa. Code §
															236.104 (relating to siting
								process); and 25 Pa. Code §
															236.141 (relating to general
								requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter B - REQUIREMENTS FOR SITING THE REGIONAL DISPOSAL FACILITY › PHASE II SITE SUITABILITY REQUIREMENTS › Section 236.144 - Transportation

Current through Register Vol. 54, No. 28, July 13, 2024
A disposal site shall be located so that the roads
							 connecting the site to an existing or limited access highway allow for safe
							 transportation so that risks to the general population will be as low as
							 reasonably achievable.
This section cited in 25 Pa. Code §
															236.101 (relating to scope and
								applicability); 25 Pa. Code §
															236.104 (relating to siting
								process); and 25 Pa. Code §
															236.141 (relating to general
								requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter B - REQUIREMENTS FOR SITING THE REGIONAL DISPOSAL FACILITY › PHASE II SITE SUITABILITY REQUIREMENTS › Section 236.145 - Meteorology and climatology

Current through Register Vol. 54, No. 28, July 13, 2024
A disposal site shall be located so that adverse
							 climatic and meteorologic conditions will not affect the ability of the
							 disposal site to meet the performance objectives in Subchapter A (relating to
							 general provisions).
This section cited in 25 Pa. Code §
															236.101 (relating to scope and
								applicability); 25 Pa. Code §
															236.104 (relating to siting
								process); and 25 Pa. Code §
															236.141 (relating to general
								requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter B - REQUIREMENTS FOR SITING THE REGIONAL DISPOSAL FACILITY › PHASE II SITE SUITABILITY REQUIREMENTS › Section 236.146 - Seismology

Current through Register Vol. 54, No. 28, July 13, 2024
A disposal site shall be tectonically stable to meet
							 the performance objectives in Subchapter A (relating to general provisions). An
							 area shall be avoided where tectonic processes such as faulting, folding or
							 seismic activity may occur with a frequency and to an extent which may affect
							 the isolation of waste and the long term stability of the
							 site.
This section cited in 25 Pa. Code §
															236.101 (relating to scope and
								applicability); 25 Pa. Code §
															236.104 (relating to siting
								process); and 25 Pa. Code §
															236.141 (relating to general
								requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter B - REQUIREMENTS FOR SITING THE REGIONAL DISPOSAL FACILITY › PHASE II SITE SUITABILITY REQUIREMENTS › Section 236.147 - Surface geology and hydrology

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A disposal site area shall be located
						  where topography and surface geologic processes occur at rates, frequency and
						  extent that they will not affect meeting the performance objectives in
						  Subchapter A (relating to general provisions).
(b) A disposal site shall be generally well
						  drained and free of areas of flooding or frequent ponding. The disposal
						  facility may not be located in a wetland, as defined in Chapter 105 (relating
						  to dam safety and waterway management).
(c) A disposal site shall be located so that
						  upstream drainage areas are minimized to decrease the amount of runoff which
						  could erode or inundate waste disposal units.
This section cited in 25 Pa. Code §
															236.101 (relating to scope and
								applicability); 25 Pa. Code §
															236.104 (relating to siting
								process); and 25 Pa. Code §
															236.141 (relating to general
								requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter B - REQUIREMENTS FOR SITING THE REGIONAL DISPOSAL FACILITY › PHASE II SITE SUITABILITY REQUIREMENTS › Section 236.148 - Subsurface geology and hydrology

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A disposal site may not be located where
						  hydrologic conditions such as hydraulic conductivity or geologic features such
						  as fractured bedrock occur at rates, frequency or extent that could adversely
						  affect the isolation of waste or the ability to meet the performance objectives
						  in Subchapter A (relating to general provisions).
(b) A disposal site shall be located in a
						  hydrogeologic setting that provides sufficient separation from the groundwater,
						  so that water intrusion into disposal units, perennial or otherwise, will not
						  occur.
This section cited in 25 Pa. Code §
															236.101 (relating to scope and
								applicability); 25 Pa. Code §
															236.104 (relating to siting
								process); and 25 Pa. Code §
															236.141 (relating to general
								requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter B - REQUIREMENTS FOR SITING THE REGIONAL DISPOSAL FACILITY › PHASE II SITE SUITABILITY REQUIREMENTS › Section 236.149 - Natural resources

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  disposal site shall be located so that resources, such as those protected by
						  law, those suitable for human consumption and those culturally or historically
						  unique, can be protected during siting, design, construction, operation,
						  closure, decommissioning and long term care.
(b) A disposal site may not be located where
						  exploration or exploitation of natural resources, such as hydrocarbons,
						  industrial minerals, metallic ores and mineral fuels located on the site or in
						  adjacent areas could affect isolation of waste or, the ability to meet the
						  performance objectives in Subchapter A (relating to general
						  provisions).
This section cited in 25 Pa. Code §
															236.101 (relating to scope and
								applicability); 25 Pa. Code §
															236.104 (relating to siting
								process); and 25 Pa. Code §
															236.141 (relating to general
								requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter C - REGIONAL FACILITY LICENSE › LICENSE APPLICATION › Section 236.201 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter addresses the requirements for
							 licensing the regional disposal facility operator. The requirements included
							 are as follows:
(1) Application for a
						  license.
(2) License application
						  review procedures and standards.
(3) Procedures for requesting changes to the
						  disposal facility.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter C - REGIONAL FACILITY LICENSE › LICENSE APPLICATION › Section 236.202 - License required

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  person may not construct, alter, own or operate a low-level waste disposal
						  facility or may receive, possess or dispose of waste received from other
						  persons at the regional disposal facility unless authorized by a license issued
						  by the Department under this chapter.
(b) A person shall file an application with
						  the Department under §
													236.212 (relating to filing and
						  distribution of license application) and obtain a license as provided in this
						  subchapter before commencement of construction of the disposal facility.
						  Failure to comply with this requirement will be grounds for denial of a
						  license.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter C - REGIONAL FACILITY LICENSE › LICENSE APPLICATION › Section 236.203 - License application fee

Current through Register Vol. 54, No. 28, July 13, 2024
The license application fee is
							 $800,000.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter C - REGIONAL FACILITY LICENSE › LICENSE APPLICATION › Section 236.204 - Content of a license application

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements in §
													236.212 (relating to filing and
							 distribution of license application), an application to receive from others,
							 possess and dispose of wastes shall consist of:
(1) General information, program plans, a
						  quality assurance/quality control program, specific technical information,
						  institutional control information and financial information as set forth in
						  §§ 236.205-236.211.
(2)
						  An impact analysis report. The report shall address the impact of licensing the
						  activity and include:
(i) A detailed
						  assessment of the radiological and nonradiological impacts to the public health
						  and the environment.
(ii) A
						  detailed assessment of the impact on the quality and quantity of the surface
						  and groundwater within a 5-mile radius of the site.
(iii) A discussion of the long term public
						  health and environmental impacts, including closure, decommissioning,
						  decontamination and reclamation of the site and facilities associated with the
						  licensed activities and management of radioactive materials which will remain
						  on the site after closure, decommissioning, decontamination and
						  reclamation.
(iv) A discussion of
						  the short and long term social and economic impacts of the regional disposal
						  facility on the host and affected municipalities. These impacts will be used to
						  create a minimum set of items to be considered as part of the host and affected
						  municipality benefit negotiations. At a minimum, the study shall include the
						  impacts on local tax revenues, public and private infrastructures, emergency
						  management capabilities and social service demands.
(v) A preoperational environmental radiation
						  survey and a preoperational health survey of cancer and other disease rates and
						  birth defects within 5 miles of the site.
(vi) Justification for the choice of the
						  proposed site over the other two preferred potentially suitable
						  sites.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter C - REGIONAL FACILITY LICENSE › LICENSE APPLICATION › Section 236.205 - General information

Current through Register Vol. 54, No. 28, July 13, 2024
The license application shall include general
							 information as follows:
(1) The
						  identity of the applicant, including:
(i) The
						  full name, address, telephone number and description of the business or
						  occupation of the applicant.
(ii)
						  The name and address of each partner and the principal location where the
						  partnership does business, if the applicant is a partnership.
(iii) The following, if the applicant is a
						  corporation or an unincorporated association:
(A) The state in which it is incorporated or
						  organized and the principal location at which it does business.
(B) The names and addresses of its directors
						  and principal officers.
(iv) Information required under this section
						  with respect to the other person, if the applicant is acting as an agent or
						  representative of another person in filing the application.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter C - REGIONAL FACILITY LICENSE › LICENSE APPLICATION › Section 236.206 - Program plans

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  applicant shall submit the following detailed program plans:
(1) A siting plan under §
														236.103 (relating to siting
						  plan).
(2) A quality
						  assurance/quality control plan under §
														236.207 (relating to quality
						  assurance/quality control program).
(3) A monitoring plan under §
														236.409 (relating to monitoring
						  plan).
(4) A security plan under
						  §
														236.403(a)(1)
						  (relating to facility operation plan).
(5) An operations plan under §
						  236.403.
(6) A contingency plan
						  under §
														236.404 (relating to contingency
						  plans).
(7) A radiation control
						  plan under § 236.403(c).
(8) A
						  construction plan under §
														236.402 (relating to construction
						  plan).
(9) A site closure and
						  decommissioning plan under §
														236.411 (relating to site closure
						  and decommissioning plan).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter C - REGIONAL FACILITY LICENSE › LICENSE APPLICATION › Section 236.207 - Quality assurance/quality control program

Current through Register Vol. 54, No. 28, July 13, 2024
A quality assurance/quality control plan shall be
							 submitted to the Department for approval. The plan shall include a description
							 of the quality assurance/quality control program for the determination of
							 natural disposal site characteristics and for quality assurance/quality control
							 during the design, construction, operation and closure of the disposal facility
							 and the receipt, handling and emplacement of waste. Audits and managerial
							 controls shall be included.
This section cited in 25 Pa. Code §
															236.204 (relating to content of a
								license application); and 25 Pa. Code §
															236.206 (relating to program
								plans).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter C - REGIONAL FACILITY LICENSE › LICENSE APPLICATION › Section 236.208 - Specific technical information

Current through Register Vol. 54, No. 28, July 13, 2024
The specific technical information shall include
							 information needed for demonstrating that the performance objectives and the
							 applicable technical requirements of this chapter will be met. The following
							 shall be included:
(1) A description
						  of the natural and demographic disposal site characteristics as determined by
						  site screening and characterization activities contained in Subchapter B
						  (relating to requirements for siting the regional disposal facility). The
						  description shall include demographic, meteorologic, climatologic, biotic,
						  ecologic, hydrologic, geologic (including geochemical and geotechnical) and
						  natural resource features of the disposal site and vicinity.
(2) A description of the design features of
						  the disposal facility and the disposal units. The description shall include
						  those design features related to the following:
(i) Minimization of water
						  intrusion.
(ii) Integrity of covers
						  for disposal units.
(iii)
						  Structural stability.
(iv) Contact
						  of wastes with standing water.
(v)
						  Disposal site drainage.
(vi)
						  Closure and stabilization.
(vii)
						  Recoverability.
(viii) Elimination
						  to the extent practicable of long term active maintenance.
(ix) Protection from inadvertent
						  intrusion.
(x) Occupational
						  exposures.
(xi)
						  Monitoring.
(xii) Adequacy of the
						  size of the buffer zone for monitoring and potential remedial
						  measures.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter C - REGIONAL FACILITY LICENSE › LICENSE APPLICATION › Section 236.209 - Technical analyses

Current through Register Vol. 54, No. 28, July 13, 2024
The specific technical information shall also include
							 the following analyses needed to demonstrate that the performance objectives of
							 Subchapter A (relating to general provisions) will be met:
(1) Analyses of the pathways demonstrating
						  protection of the general population from releases of radioactivity. Pathways
						  analyzed shall include air, soil, groundwater, surface water, plant uptake and
						  exhumation by burrowing animals. The analyses shall clearly identify and
						  differentiate between the roles performed by the natural site characteristics
						  and design features in isolating and segregating the wastes. The analyses shall
						  clearly demonstrate that there is assurance that the exposures to humans from
						  the release of radioactivity will not exceed the limits set forth in the
						  performance objectives in Subchapter A.
(2) Analyses of the protection of individuals
						  from inadvertent intrusion. The analyses shall include a demonstration that
						  there is assurance that the waste classification and segregation requirements
						  will be met and that barriers to inadvertent intrusion will be
						  provided.
(3) Analyses of the
						  protection of individuals during operations. The analyses shall include
						  assessments of expected exposures due to routine operations and likely
						  accidents during handling, storage and disposal of waste. The analyses shall
						  provide assurance that exposures will be controlled to meet the requirements of
						  Chapter 219 (relating to standards for protection against radiation).
(4) Analyses of the long term stability of
						  the disposal site to determine the need for ongoing active maintenance after
						  closure. These analyses shall consider active natural processes, including
						  erosion, mass wasting, slope failure, settlement of wastes, infiltration
						  through disposal covers and surface drainage of the disposal site. The analyses
						  shall provide assurance that there will not be a need for ongoing active
						  maintenance of the disposal site following closure.
This section cited in 25 Pa. Code §
															236.204 (relating to content of a
								license application).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter C - REGIONAL FACILITY LICENSE › LICENSE APPLICATION › Section 236.210 - Institutional control information

Current through Register Vol. 54, No. 28, July 13, 2024
The institutional control information submitted by
							 the applicant shall include:
(1) A
						  certification by the Commonwealth that the custodial agency is prepared to
						  accept transfer of the license when §
													236.246 (relating to application
						  and transfer of license to the Commonwealth) is met and will assume
						  responsibility for institutional control after site closure and the postclosure
						  observation and maintenance period.
(2) If the proposed disposal site is on land
						  not owned by the Federal government or the Commonwealth, the applicant shall
						  submit evidence that arrangements have been made for assumption of ownership by
						  the Commonwealth before the Department issues a license.
This section cited in 25 Pa. Code §
															236.204 (relating to content of a
								license application); and 25 Pa. Code §
															236.225 (relating to requirements
								for issuance of a license).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter C - REGIONAL FACILITY LICENSE › LICENSE APPLICATION › Section 236.211 - Financial information

Current through Register Vol. 54, No. 28, July 13, 2024
The financial information shall be sufficient to
							 demonstrate that the financial qualifications of the applicant are adequate to
							 carry out the activities for which the license is sought and meet the financial
							 assurance requirements of section 316 of the act (35 P. S. §
														7130.316) and Subchapter G (relating to
							 financial assurances and liability). The applicant shall provide documented
							 evidence of the availability of funds. If debt capital will be used, letters of
							 commitment from the financial sources shall be provided.
This section cited in 25 Pa. Code §
															236.204 (relating to content of a
								license application).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter C - REGIONAL FACILITY LICENSE › LICENSE APPLICATION › Section 236.212 - Filing and distribution of license application

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An application package to obtain a
						  license under this chapter and the Department licenses and permits necessary to
						  construct and operate the disposal facility shall be filed with the Secretary.
						  The applicant shall submit one signed original and 35 copies to the
						  Secretary.
(b) The application
						  package shall contain a statement, signed by a responsible official of the
						  applicant and attested by a notary public, that certifies that the information
						  contained in the application package is true and correct to the best of the
						  official's information and belief.
(c) The application package shall consist of
						  the following:
(1) The application for a
						  license.
(2) An impact analysis
						  report.
(3) The Department license
						  and permit applications necessary for construction and operation of the
						  disposal facility.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter C - REGIONAL FACILITY LICENSE › LICENSE APPLICATION › Section 236.213 - Contact person

Current through Register Vol. 54, No. 28, July 13, 2024
Except as otherwise specified, communications and
							 reports concerning this chapter and applications filed under it shall be
							 addressed to the Secretary, Department of Environmental Resources, Post Office
							 Box 2063, Harrisburg, Pennsylvania 17120.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter C - REGIONAL FACILITY LICENSE › LICENSE REVIEW PROCEDURES AND STANDARDS › Section 236.221 - Verification of receipt of application

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will notify the applicant of its
							 receipt of the license application.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter C - REGIONAL FACILITY LICENSE › LICENSE REVIEW PROCEDURES AND STANDARDS › Section 236.222 - Public notice

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon
						  receipt of the license application, the Department will notify the public of
						  receipt of the application. The notification will include a listing of the
						  locations in which the application can be reviewed by the public. Notification
						  will be provided in the
Pennsylvania Bulletin
, local media,
						  newspapers of wide general circulation and newspapers in the area the regional
						  facility is proposed to be located.
(b) The Department will make the license
						  application available for review in the host municipality.
This section cited in 25 Pa. Code §
															236.223 (relating to public
								comment and hearing); 25 Pa. Code §
															236.224 (relating to revising the
								license application); and 25 Pa. Code §
															236.241 (relating to amendments
								for closure and transfer).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter C - REGIONAL FACILITY LICENSE › LICENSE REVIEW PROCEDURES AND STANDARDS › Section 236.223 - Public comment and hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  Department will hold one public hearing and one public information meeting on
						  the initial license application in the area the regional facility is proposed
						  to be located. The Department will issue a 30-day public notice in the
Pennsylvania Bulletin
and newspapers of general circulation in
						  the area of the proposed host municipality to announce the hearing and meeting
						  dates. There will be a minimum of 30 days time between the public hearing and
						  the public meeting.
(b) Interested
						  persons may submit to the Department written comments regarding the
						  application. Comments shall be submitted within 180 days after notification has
						  been made under §
													236.222 (relating to public
						  notice). Interested persons may submit comments at the hearing. A person
						  wishing to examine witnesses shall submit to the Department a numbered list of
						  contentions. The contentions shall be limited to failure of the license
						  application and its contents to conform with the act and this chapter. The
						  applicant shall submit two copies of its testimony 2 weeks before the date the
						  hearing is scheduled. The applicant or licensee shall make its staff available
						  to answer questions. The Department may establish the duration for oral
						  testimony and may limit the scope of questioning during the hearing.
(c) Written comments and the transcript of
						  the hearing will be considered in the Secretary's decision on the application
						  and become part of the public record.
(d) The Department will provide a written
						  response to comments or testimony at the time a final action is
						  taken.
This section cited in 25 Pa. Code §
															236.241 (relating to amendments
								for closure and transfer).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter C - REGIONAL FACILITY LICENSE › LICENSE REVIEW PROCEDURES AND STANDARDS › Section 236.224 - Revising the license application

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the license application is rejected, a
						  revised application may be submitted and may incorporate the portions of the
						  previous application that were not the bases of the rejection.
(b) The Department will notify the public of
						  an application rejection. Notification will be issued under §
													236.222 (relating to public
						  notice).