reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter D - STANDARDS FOR PROTECTION AGAINST RADIATION › Section 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

Current through Reg. 49, No. 28; July 12, 2024
Attached
					 Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter D - STANDARDS FOR PROTECTION AGAINST RADIATION › Section 336.367 - Appendix J. Cumulative Occupational Exposure History

Current through Reg. 49, No. 28; July 12, 2024
Attached
					 Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter D - STANDARDS FOR PROTECTION AGAINST RADIATION › Section 336.368 - Appendix K. Occupational Exposure Record for a Monitoring Period

Current through Reg. 49, No. 28; July 12, 2024
Attached
					 Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter E - NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS AND INSPECTIONS › Section 336.401 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
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 Texas Radiation Control Act 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.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter E - NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS AND INSPECTIONS › Section 336.402 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Terms used in this subchapter are defined in §
										336.2 of
					 this title (relating to Definitions).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter E - NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS AND INSPECTIONS › Section 336.403 - Posting of Notices to Workers

Current through Reg. 49, No. 28; July 12, 2024
(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 Texas Radiation Control Act or the rules in this
				  chapter and any response from the licensee.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter E - NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS AND INSPECTIONS › Section 336.404 - Instructions to Workers

Current through Reg. 49, No. 28; July 12, 2024
(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).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter E - NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS AND INSPECTIONS › Section 336.405 - Notifications and Reports to Individuals

Current through Reg. 49, No. 28; July 12, 2024
(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
				  make dose information available to workers as shown in records maintained by
				  the licensee under §
										336.346
				  of this title (relating to Records of Individual Monitoring Results). The
				  licensee shall provide an annual report to each individual monitored under
				  §
										336.316
				  of this title (relating to Conditions Requiring Individual Monitoring of
				  External and Internal Occupational Dose) of the dose received in that
				  monitoring year if:
(1) the individual's
				  occupational dose exceeds 1 millisievert (mSv) (100 millirem (mrem)) total
				  effective dose equivalent or 1 mSv (100 mrem) to any individual organ or
				  tissue; or
(2) the individual
				  requests his or her annual dose report in writing.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter E - NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS AND INSPECTIONS › Section 336.406 - Presence of Representatives of Licensees and Workers During Inspections

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter E - NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS AND INSPECTIONS › Section 336.407 - Consultation with Workers During Inspections

Current through Reg. 49, No. 28; July 12, 2024
(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 Texas Radiation Control Act, 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).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter E - NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS AND INSPECTIONS › Section 336.408 - Requests by Workers for Inspections

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Any worker or representative of workers who believes that a violation of the
				  Texas Radiation Control Act, 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.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter E - NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS AND INSPECTIONS › Section 336.409 - Inspections Not Warranted

Current through Reg. 49, No. 28; July 12, 2024
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)
					 of this title.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter E - NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS AND INSPECTIONS › Section 336.410 - Appendix A. Notice to Employees

Current through Reg. 49, No. 28; July 12, 2024
Attached
					 Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter F - LICENSING OF ALTERNATIVE METHODS OF DISPOSAL OF RADIOACTIVE MATERIAL › Section 336.501 - Scope and General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  This subchapter establishes alternative criteria, terms, and conditions under
				  which the commission may issue, amend, or renew a license for on-site disposal
				  of radioactive material generated in the person's activities, not otherwise
				  specifically authorized in this chapter.
(b) Except as provided by this subsection,
				  the commission may not authorize new or additional facilities or the expansion
				  of existing facilities for the on-site disposal of low-level radioactive waste,
				  except to a person specifically authorized by law for low-level radioactive
				  waste disposal. The commission may, on request or its own initiative,
				  authorize, under this subchapter, on-site disposal of low-level radioactive
				  waste on a specific basis at any facility at which low-level radioactive waste
				  disposal operations began before September 1, 1989, if after evaluation of the
				  specific characteristics of the waste, the disposal site, and the method of
				  disposal, the commission finds that the continuation of the disposal activity
				  will not constitute a significant risk to the public health and safety and to
				  the environment.
(c) No person
				  authorized to dispose of radioactive material under this subchapter may receive
				  radioactive material 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.
(d) The
				  commission may license the commercial disposal of naturally occurring
				  radioactive material waste under Subchapter K of this chapter (relating to
				  Commercial Disposal of Naturally Occurring Radioactive Material Waste from
				  Public Water Systems).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter G - DECOMMISSIONING STANDARDS › Section 336.601 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) The criteria in
				  this subchapter apply to the decommissioning of facilities regulated under
				  Subchapter F of this chapter (relating to Licensing of Alternative Methods of
				  Disposal of Radioactive Material), the inactive disposal sites regulated under
				  this subchapter, the ancillary surface facilities that support low-level
				  radioactive waste disposal activities at facilities licensed under Subchapter H
				  of this chapter (relating to Licensing Requirements for Near-Surface Land
				  Disposal of Low-Level Radioactive Waste), naturally occurring radioactive
				  material waste disposal facilities licensed under Subchapter K of this chapter
				  (relating to Commercial Disposal of Naturally Occurring Radioactive Material
				  Waste from Public Water Systems), and to radioactive substances processing and
				  storage facilities licensed under Subchapter M of this chapter (relating to
				  Licensing of Radioactive Substances Processing and Storage
				  Facilities).
(b) This subchapter
				  also establishes the criteria under which a facility may be licensed for
				  decommissioning.
(c) After a site
				  has been decommissioned and the license terminated in accordance with the
				  criteria in this subchapter, the commission may require additional cleanup only
				  if, based on new information, it determines that the criteria of this
				  subchapter have not been met and residual radioactivity remaining at the site
				  could result in significant threat to public health and safety.
(d) When calculating the total effective dose
				  equivalent (TEDE) to the average member of the critical group, the licensee
				  shall determine the peak annual TEDE expected within the first 1,000 years
				  after decommissioning.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter G - DECOMMISSIONING STANDARDS › Section 336.602 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
General agency terms used in several chapters are defined
					 in Chapter 3 of this title (relating to Definitions). Terms used in this
					 chapter are defined in §
										336.2 of
					 this title (relating to Definitions). Additional terms used in this subchapter
					 have the following definitions.
(1)
				  Control and maintenance - Only for licenses that have been terminated under
				  restricted conditions, control and maintenance is the period of time, and the
				  activities that occur within that period of time, that begins upon license
				  termination and continues until the level of contamination at the site reaches
				  the level required under §
										336.603(a)
				  of this title (relating to Radiological Criteria for Unrestricted Use) for
				  unrestricted use without institutional controls.
(2) Inactive disposal site - A site or
				  facility that:
(A) contains radioactive
				  material disposed of below the surface, or soils or structures contaminated
				  with radioactive material; and
(B)
				  no longer disposes or will dispose of, or accepts or will accept for the
				  purpose of disposal, additional radioactive material.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter G - DECOMMISSIONING STANDARDS › Section 336.603 - Radiological Criteria for Unrestricted Use

Current through Reg. 49, No. 28; July 12, 2024
(a) A site will be considered acceptable for
				  unrestricted use if the residual radioactivity that is distinguishable from
				  background radiation results in a total effective dose equivalent (TEDE) to an
				  average member of the critical group that does not exceed 25 mrem (0.25 mSv)
				  per year (excluding radium and its decay products), including that from
				  groundwater sources of drinking water, and the residual radioactivity has been
				  reduced to levels that are as low as reasonably achievable (ALARA). The
				  concentration for radium in soil shall be equivalent to or below the limits set
				  forth in §
										336.356(a)
				  of this title (relating to Soil and Vegetation Contamination Limits).
(b) Determination of the levels which are
				  ALARA must take into account consideration of any detriments expected to
				  potentially result from decontamination and waste disposal (e.g., deaths from
				  transportation accidents).
(c) The
				  licensee shall conduct all necessary radiation surveys and modeling, and shall
				  provide reports and documentation to demonstrate that the requirements for
				  release for unrestricted used have been met.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter G - DECOMMISSIONING STANDARDS › Section 336.605 - Surface Contamination Limits for Facilities, Equipment, and Materials

Current through Reg. 49, No. 28; July 12, 2024
(a) Before vacating
				  any facility or releasing any facility, equipment, or materials for
				  unrestricted use, each licensee shall ensure that radioactive contamination has
				  been removed to levels as low as is reasonably achievable.
(b) No licensee may vacate a facility or
				  release a facility, equipment, or materials 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) and §
										336.603
				  of this title (relating to Radiological Criteria for Unrestricted
				  Use).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter G - DECOMMISSIONING STANDARDS › Section 336.607 - Criteria for License Termination under Restricted Conditions

Current through Reg. 49, No. 28; July 12, 2024
A site will be considered acceptable for license
					 termination under restricted conditions if all of the following conditions are
					 met:
(1) The licensee can demonstrate
				  that further reductions in residual radioactivity would result in net public or
				  environmental harm or were not being made because the residual levels
				  associated with restricted conditions are as low as reasonably achievable
				  (ALARA). Determination of the levels which are ALARA must take into account
				  consideration of any detriments expected to potentially result from
				  decontamination and waste disposal (e.g. traffic accidents);
(2) The licensee has made provisions for
				  legally enforceable institutional controls that provide reasonable assurance
				  that the total effective dose equivalent (TEDE) from residual radioactivity
				  distinguishable from background to the average member of the critical group
				  will not exceed 25 mrem (0.25mSv) per year;
(3) The licensee has provided sufficient
				  financial assurance to enable an independent third party, including a
				  governmental custodian of a site, to assume and carry out responsibilities for
				  any necessary control and maintenance of the site. Acceptable financial
				  assurance mechanisms are those in Chapter 37, Subchapter S of this title
				  (relating to Financial Assurance for Radioactive Material), or Chapter 37,
				  Subchapter T of this title (relating to Financial Assurance for Near-Surface
				  Land Disposal of Low- Level Radioactive Waste);
(4) The licensee has submitted a
				  decommissioning plan to the commission indicating the licensee's intent to
				  decommission and specifying that the licensee intends to decommission by
				  restricting use of the site. The licensee shall document in the decommissioning
				  plan how the advice of individuals and institutions in the community who may be
				  affected by the decommissioning has been sought and incorporated, as
				  appropriate, following analysis of that advice.
(A) Licensees proposing to decommission by
				  restricting use of the site shall seek advice from affected parties regarding
				  the following matters concerning the proposed decommissioning.
(i) Whether provisions for institutional
				  controls proposed by the licensee:
(I) will
				  provide reasonable assurance that the TEDE from residual radioactivity
				  distinguishable from background to the average member of the critical group
				  will not exceed 25 mrem (0.25 mSv) TEDE per year;
(II) will be enforceable; and
(III) will not impose undue burdens on the
				  local community or other affected parties.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter G - DECOMMISSIONING STANDARDS › Section 336.609 - Alternate Criteria for License Termination

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission may terminate a license
				  using alternate criteria greater than the dose criterion of §
										336.603
				  of this title (relating to Radiological Criteria for Unrestricted Use) and
				  §
										336.607(2)
				  and (4)(A)(i)(I) of this title (relating to
				  Criteria for License Termination under Restricted Conditions), if the licensee:
(1) provides assurance that public health and
				  safety would continue to be protected, and that it is unlikely that the dose
				  from all manmade sources combined, other than medical, would be more than the 1
				  mSv/y (100 mrem/y) limit of §§
											336.314-336.315
				  of this title (relating to Compliance with Dose Limits for Individual Members
				  of the Public and General Requirements for Surveys and Monitoring,
				  respectively), by submitting an analysis of possible sources of
				  exposure;
(2) has employed, to the
				  extent practical, restrictions on site use according to the provisions of
				  §
											336.607
				  of this title in minimizing exposures at the site;
(3) reduces doses to ALARA levels, taking
				  into consideration any detriments such as traffic accidents expected to
				  potentially result from decontamination and waste disposal; and
(4) has submitted a decommissioning plan to
				  the commission indicating the licensee's intent to decommission the facility,
				  and specifying that the licensee proposes to decommission by use of alternate
				  criteria. The licensee shall document in the decommissioning plan how the
				  advice of individuals and institutions in the community who may be affected by
				  the decommissioning has been sought and addressed, as appropriate, following
				  analysis of that advice. In seeking such advice, the licensee shall provide
				  for:
(A) participation by representatives of
				  a broad cross section of community interests who may be affected by the
				  decommissioning;
(B) an opportunity
				  for a comprehensive, collective discussion on the issues by the participants
				  represented; and
(C) a publicly
				  available summary of the results of all discussions, including a description of
				  the individual viewpoints of the participants on the issues and the extent of
				  agreement and disagreement among the participants on the issues.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter G - DECOMMISSIONING STANDARDS › Section 336.611 - Public Notification and Public Participation

Current through Reg. 49, No. 28; July 12, 2024
Upon the receipt of a decommissioning plan from the
					 licensee, or a proposal by the licensee for release of a site under §
										336.607
					 of this title (relating to Criteria for License Termination under Restricted
					 Conditions) or §
										336.609
					 of this title (relating to Alternate Criteria for License Termination), or
					 whenever the commission deems notice to be in the public interest, the
					 commission shall publish notice in accordance with §
										39.713
					 of this title (relating to Public Notification and Public
					 Participation).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter G - DECOMMISSIONING STANDARDS › Section 336.613 - Additional Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) 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 Low-Level Radioactive Waste).
(b) A decommissioning plan shall be submitted
				  with the license application required by §
										336.615
				  of this title (relating to Inactive Disposal Sites) and §
										336.1211
				  of this title (relating to Filing Application for a Special License). Holders
				  of licenses of inactive disposal sites shall submit a decommissioning plan with
				  the renewal application. Holders of licenses of active disposal sites shall
				  submit a decommissioning plan no later than the date specified in §
										336.625(e)(2)
				  of this title (relating to Expiration and Termination of Licenses).
(c) The executive director may approve an
				  alternate schedule for submittal of a decommissioning plan required under
				  §
										336.625(e)(2)
				  of this title if the executive director determines that:
(1) the alternative schedule is necessary for
				  the effective conduct of decommissioning operations; and
(2) presents no undue risk from radiation to
				  the public health and safety and is otherwise in the public interest.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter G - DECOMMISSIONING STANDARDS › Section 336.617 - Technical Requirements for Inactive Disposal Sites

Current through Reg. 49, No. 28; July 12, 2024
(a) Content of license application. An
				  applicant for a license to authorize possession of disposed radioactive
				  material and subsequent decommissioning of an inactive disposal site shall
				  submit the information required in Chapter 305 of this title (relating to
				  Consolidated Permits), and the following, using the application form provided
				  by the agency:
(1) 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;
(2) a description of
				  any radiological monitoring performed at the site and the resulting
				  data;
(3) the technical
				  qualifications and identity of personnel responsible for radiation safety
				  functions at the site;
(4) a
				  description of the methods of restricting access to the site (e.g., fencing)
				  and any permanent site markers;
(5)
				  information on land ownership and any covenants on land use imposed by recorded
				  title documents;
(6) a
				  decommissioning plan that meets the standards in this subchapter including an
				  evaluation of the alternative of disposing of the radioactive material at a
				  licensed disposal facility;
(7)
				  information regarding financial assurance for decommissioning as provided for
				  in §
											336.619
				  of this title (relating to Financial Assurance for Decommissioning);
				  and
(8) for license applications
				  other than renewals, a description of how facility design and procedures for
				  operation minimize, to the extent practicable, contamination of the facility
				  and the environment, facilitate eventual decommissioning, and minimize, to the
				  extent practicable, the generation of radioactive wastes.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter G - DECOMMISSIONING STANDARDS › Section 336.621 - Recordkeeping for Decommissioning

Current through Reg. 49, No. 28; July 12, 2024
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 section;
(C) all areas outside of restricted areas
				  where current and previous wastes have been buried as documented under §
											336.338
				  of this title (relating to General Recordkeeping Requirements for Disposal);
				  and
(D) all areas outside of
				  restricted areas which contain material such that, if the license expired, the
				  licensee must be required to decontaminate the area to unrestricted release
				  levels; and
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter G - DECOMMISSIONING STANDARDS › Section 336.623 - Financial Assurance for Control and Maintenance

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant or licensee required to
				  demonstrate financial assurance for control and maintenance of a site shall
				  maintain financial assurance for control and maintenance upon license issuance
				  and during the decommissioning period. The applicant or licensee shall provide
				  sufficient financial assurance to enable an independent third party, including
				  a governmental custodian of a site, to assume and carry out responsibilities
				  for any necessary control and maintenance of the site. The financial assurance
				  mechanism(s) for control and maintenance shall comply with Chapter 37 of this
				  title (relating to Financial Assurance) including increasing annually the
				  financial assurance amount for inflation or whenever modifications to the
				  control and maintenance activities or changes to the amount being demonstrated
				  causes the amounts for control and maintenance to increase.
(b) Prior to license termination, the
				  licensee shall deposit a sum of cash acceptable to the executive director into
				  the Texas Treasury Safekeeping Control and Maintenance account to assume and
				  carry out responsibilities for any necessary surveillance, monitoring, control,
				  maintenance, and other care of the decommissioned disposal site on a continual
				  basis during the institutional control period. Upon receipt of the deposit, the
				  executive director shall release the existing financial assurance mechanism(s)
				  for control and maintenance. If a deposit is not made into the Control and
				  Maintenance account, the executive director shall draw on the existing
				  financial assurance mechanism(s) and deposit the cash into the Texas
				  Safekeeping Treasury Control and Maintenance account.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter G - DECOMMISSIONING STANDARDS › Section 336.625 - Expiration and Termination of Licenses

Current through Reg. 49, No. 28; July 12, 2024
(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 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 before
				  the expiration date stated in the existing license, the existing license shall
				  not expire until the application has been finally determined by the commission.
				  For the purposes of this section, "proper form" shall mean that the application
				  includes the information required by §
										336.617
				  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).
				  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.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter G - DECOMMISSIONING STANDARDS › Section 336.627 - Appendix A. Radionuclide Quantities for Use in Determining Financial Assurance for Decommissioning

Current through Reg. 49, No. 28; July 12, 2024
The following table is to be used in the calculation of
					 financial assurance for decommissioning.
Attached
					 Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter H - LICENSING REQUIREMENTS FOR NEAR-SURFACE LAND DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE › Section 336.701 - Scope and General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  This subchapter establishes the procedures, criteria, and terms and conditions
				  upon which the commission issues a license for the near-surface land disposal
				  of low-level radioactive wastes and accelerator-produced radioactive material
				  received from other persons. The rules in this subchapter apply to disposal of
				  low-level radioactive waste and accelerator-produced radioactive material as
				  defined in §
										336.2 of
				  this title (relating to Definitions). For the purpose of this subchapter, the
				  term "low-level radioactive waste" includes accelerator-produced radioactive
				  material. If there is a conflict between the rules of the commission and the
				  rules of this subchapter, the rules of this subchapter shall prevail. No person
				  shall engage in disposal of low-level radioactive waste received from other
				  persons except as authorized in a specific license issued under this
				  subchapter. A licensee under this subchapter shall conduct processing of
				  low-level radioactive waste received for disposal at the licensed site,
				  incidental to the disposal of that waste, in accordance with provisions of the
				  commission license which authorizes the disposal.
(b) A licensee authorized to dispose of
				  low-level radioactive waste under the rules in this subchapter shall not accept
				  for disposal:
(1) high-level radioactive
				  waste as defined in 10 Code of Federal Regulations (CFR) §60.2 as amended
				  through October 27, 1988 (53 FR 43421) (Definitions - high-level radioactive
				  wastes in geologic repositories);
(2) byproduct material as defined in §
											336.2(13)(B)
				  of this title;
(3) spent or
				  irradiated nuclear fuel;
(4) waste
				  that is not generally acceptable for near-surface disposal as specified in
				  §
											336.362
				  of this title (relating to Appendix E. Classification and Characteristics of
				  Low-Level Radioactive Waste); or
(5) waste that exceeds Class C limitations as
				  specified in §
											336.362
				  of this title.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter H - LICENSING REQUIREMENTS FOR NEAR-SURFACE LAND DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE › Section 336.703 - Concepts

Current through Reg. 49, No. 28; July 12, 2024
The concepts and requirements provided in 10 Code of
					 Federal Regulations §61.7, as amended, guide the application of rules in
					 this subchapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter H - LICENSING REQUIREMENTS FOR NEAR-SURFACE LAND DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE › Section 336.704 - Applications for License of Compact Waste Disposal Facility

Current through Reg. 49, No. 28; July 12, 2024
(a) Notwithstanding any other section in this
				  chapter, an application for a license to receive, possess, and dispose of
				  low-level radioactive waste from others at the compact waste disposal facility
				  shall be subject to the application selection process in Subchapter I of this
				  chapter (relating to Compact Waste Disposal Facility Application Selection
				  Process). The license issued under this chapter is the license for the compact
				  waste disposal facility. The commission may not issue more than one license for
				  a single compact waste disposal facility. Licensing of the disposal of federal
				  facility waste must meet the requirements of Subchapters H and J of this
				  chapter (relating to Licensing Requirements for Near-Surface Land Disposal of
				  Low-Level Radioactive Waste; and Federal Facility Waste Disposal
				  Facility).
(b) The compact waste
				  disposal facility licensed under this subchapter is the regional disposal
				  facility established and operated under the compact established under Texas
				  Health and Safety Code, Chapter 403, for purposes of the federal Low-Level
				  Radioactive Waste Policy Act, as amended by the Low-Level Radioactive Waste
				  Policy Amendments Act of 1985 (42 United States Code,
				  §2021b -
				  2021j).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter H - LICENSING REQUIREMENTS FOR NEAR-SURFACE LAND DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE › Section 336.705 - Content of Application

Current through Reg. 49, No. 28; July 12, 2024
An application for a license to receive, possess, and
					 dispose of low-level radioactive waste from other persons by near-surface land
					 disposal shall consist of, but is not limited to, the information specified in
					 Chapter 305 of this title (relating to Consolidated Permits), §
										336.706 of
					 this title (relating to General Information), §
										336.707
					 of this title (relating to Specific Technical Information), §
										336.708
					 of this title (relating to Environmental Information), §
										336.709
					 of this title (relating to Technical and Environmental Analyses), §
										336.710
					 of this title (relating to Institutional Information), and §
										336.711 of
					 this title (relating to Financial Information).