Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter M - LICENSING OF RADIOACTIVE SUBSTANCES PROCESSING AND STORAGE FACILITIES › Section 336.1211 - Filing Application for a Specific License

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise specified, an applicant for a license to
					 receive, possess, or process radioactive substances from other persons is
					 subject to the requirements in §
										336.205
					 of this title (relating to Application Requirements). The applicant shall also
					 comply with the following additional filing requirements.
(1) The applicant for a license to receive,
				  possess, or process radioactive substances from other persons shall submit
				  seven copies of each license application or application for amendment and any
				  supporting documents in a manner specified by the agency. Applications for
				  issuance of licenses must include all general and specific technical
				  requirements, financial information, and environmental requirements, if
				  applicable, described in this section.
(2) Each application must clearly demonstrate
				  how the requirements of this section and §§
										336.1213,
				  336.1215,
				  and
				  336.1217
				  of this title (relating to Additional Environmental Requirements for Class III
				  Facilities, Issuance of Licenses, Commencement of Major Construction,
				  respectively) have been addressed.
(3) Applications for licenses will be
				  processed in accordance with the requirements of Chapter 281 of this title
				  (relating to Applications Processing).
(4) An applicant for a license under this
				  section must include the following additional information in the application:
(A) identity of the applicant including the
				  full name, address, telephone number, and description of the business(es) or
				  occupation(s) of the applicant;
(B)
				  the organizational structure of the applicant, both off-site and on-site,
				  including a description of lines of authority and assignments of
				  responsibilities, whether in the form of administrative directives, contract
				  provisions, or otherwise;
(C) a
				  description of past operations that the applicant has been involved in
				  including any license limitations, suspensions or revocations of such licenses,
				  and any other information that will allow the agency to assess the applicant's
				  past operating history;
(D) the
				  technical qualifications, including training and experience, of the applicant
				  and members of the applicant's staff to engage in the proposed activities; and
				  minimum training and experience requirements for personnel;
(E) a description of the personnel training
				  and retraining program;
(F) a
				  statement of need and a description of the proposed activities identifying:
(i) the location of the proposed
				  site;
(ii) the character of the
				  proposed activities;
(iii) the
				  types, chemical and/or physical forms and quantities of radioactive substances
				  to be received, possessed, and processed; and
(iv) the plans for use of the facility for
				  purposes other than processing of radioactive substances;
(G) proposed time schedules for construction
				  and receipt and processing of radioactive waste at the proposed
				  facility;
(H) description of the
				  site and accurate drawings of the facility including, but not limited to:
(i) construction;
(ii) foundation details;
(iii) ventilation;
(iv) plumbing and fire suppression
				  systems;
(v) physical security
				  system;
(vi) storage
				  areas;
(vii) radioactive substances
				  handling or processing areas;
(viii) proximity to creeks or culverts;
				  and
(ix) soil types under the
				  facility with respect to compatibility with foundation and structural
				  design;
(I) a
				  description that demonstrates that the site suitability characteristics will
				  meet the following requirements:
(i) the
				  overall hydrogeologic environment of the site, in combination with engineering
				  design, must act to minimize and control potential migration of radioactive
				  substances into surface water and groundwaters;
(ii) no new site may be located in a 100-year
				  floodplain, as designated by the Commission, or a wetland; and
(iii) no new site may be located in the
				  recharge area of a sole source aquifer or a major aquifer unless it can be
				  demonstrated with reasonable assurance that the new site will be designed,
				  constructed, operated, and closed without an unreasonable risk to the
				  aquifer.
(J) minimum
				  criteria for facility design and operation to include:
(i) the building used for processing
				  radioactive wastes must have a minimum classification of Type II (111) in
				  accordance with National Fire Protection Association 220 titled, "Standard
				  Types of Building Construction;"
(I)
				  buildings used for processing or storage of radioactive substances shall have
				  ventilation and fire protection systems to minimize the release of radioactive
				  materials into the soils, waters, and the atmosphere; and
(II) facilities and equipment for repackaging
				  leaking and/or damaged containers must be provided.
(ii) the design and operation of the
				  radioactive substances processing or storage facility must be such that:
(I) releases of non-radiological noxious
				  materials from the facility are minimized; and
(II) radiation levels, concentrations, and
				  potential exposures off-site due to airborne releases during operations are
				  within the limits established in Subchapter D of this chapter and are
				  maintained as low as reasonably achievable.
(iii) the design and operation of the
				  radioactive substances processing or storage facility must be compatible with
				  the objectives of the site closure and decommissioning plan;
(iv) the facility must be designed to confine
				  spills. Independent and diverse engineered barriers must be provided, as
				  necessary, to complement natural barriers in minimizing potential releases from
				  the facility and in complying with this section;
(v) the location and construction of any new
				  radioactive substances processing facility must have a buffer zone adequate to
				  permit emergency measures to be implemented following accidents and to address
				  airborne plume dispersions and, as a minimum, shall be such that:
(I) the active components of a Class II
				  facility are located at least 30 meters from the nearest residence as of the
				  date of the license application; and
(II) the active components of a Class III
				  facility are located at least 30 meters from the nearest property not owned or
				  occupied by the licensee.
(K) a flow diagram of radioactive substances
				  processing operations;
(L) a
				  description and accurate drawings of processing equipment and any required
				  special handling techniques to be employed;
(M) a description of personnel monitoring
				  methods, training, and procedures to be followed to keep employees from
				  ingesting and inhaling radioactive materials, including a description of
				  methods to keep the radiation exposure to levels as low as reasonably
				  achievable;
(N) a description of
				  the site monitoring program to include prelicense data and proposed operational
				  monitoring programs for direct gamma radiation measurements and radioactive and
				  chemical characteristics of the soils, groundwater, surface waters, and
				  vegetation, as applicable;
(i) for
				  radioactive substances storage facilities, the applicant shall address on-site
				  air quality; and
(ii) for
				  radioactive substances processing facilities, the applicant shall address
				  on-site and off-site air quality;
(O) spill detection and cleanup plans for the
				  licensed site and for associated transportation of radioactive
				  material;
(P) an operating, safety,
				  and emergency procedures manual that must provide detailed procedures for
				  receiving, handling, storing, processing, and shipping radioactive
				  substances;
(Q) for radioactive
				  substances processing facilities, a description of the equipment to be
				  installed to maintain control over maximum concentrations of radioactive
				  materials in gaseous and liquid effluents produced during normal operations and
				  the means to be employed for keeping levels of radioactive material in
				  effluents to unrestricted areas as low as reasonably achievable and within the
				  limits listed in Subchapter D of this chapter;
(R) methods of ultimate disposal and
				  decommissioning; and
(S) the system
				  for maintaining inventory of receipt, storage, and transfer of radioactive
				  substances.
(T) an adequate
				  operating, radiation safety, and emergency procedures manual; and
(U) a signed certification from the owner or
				  owners of the real property on which radioactive substances are stored or
				  processed acknowledging that:
(i) radioactive
				  substances are stored or processed on the property with the consent of the
				  property owner or owners; and
(ii)
				  decommissioning of the site may be required even if the applicant or licensee
				  is unable or fails to decommission the site as required by a license, rule or
				  order of the commission.