reglab/statecodes huggingface dataset:
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 336.706 - General Information

Current through Reg. 49, No. 28; July 12, 2024
(a) The general
				  information in the application shall include each of the following:
(1) identity of the applicant, including:
(A) the full name, address, telephone number,
				  and description of the business or occupation of the applicant;
(B) if the applicant is a partnership, the
				  name and address of each partner and the principal location where the
				  partnership does business;
(C) if
				  the applicant is a corporation or an unincorporated association:
(i) the state where it is incorporated or
				  organized and the principal location where it does business; and
(ii) the names and addresses of its directors
				  and principal officers; and
(D) if the applicant proposes to contract the
				  management of the construction and/or operation of the disposal facility to
				  another person, the full name, address, and telephone number of the management
				  contractor, the full name and address of each principal, partner, or director
				  of the contractor, the state where it is organized, and the principal location
				  where it does business.
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 336.710 - Institutional Information

Current through Reg. 49, No. 28; July 12, 2024
The institutional information in the application shall
					 include:
(1) a certification by the
				  State or federal government which will own the disposal site that the State or
				  federal government is prepared to accept transfer of the license when the
				  provisions of §
										336.721
				  of this title (relating to Transfer of License to Custodial Agency) are met and
				  will assume responsibility for custodial care after site closure and
				  post-closure observation and maintenance;
(2) evidence that arrangements have been made
				  for assumption of ownership in fee by the State or federal government before
				  the commission issues a license where the proposed disposal site is on land not
				  owned by the State or federal government;
(3) a description of the ownership of the
				  land and fixtures that are part of the proposed disposal site. A plat plan
				  describing the site and identifying the ownership of the surface and subsurface
				  estates must be included. Where portions of the site have been leased or will
				  be leased to others, the terms of the lease agreement must be described;
				  and
(4) a description of the
				  contractual terms and conditions of any agreement for the management or
				  operation of the proposed disposal site.
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 336.711 - Financial Information

Current through Reg. 49, No. 28; July 12, 2024
The financial information in the application 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, in
					 accordance with §
										336.735
					 of this title (relating to Applicant Qualifications and Assurances), and meet
					 other financial assurance requirements of this subchapter, including §
										336.736
					 of this title (relating to Liability Coverage and Funding for Disposal Site
					 Closure and Stabilization), §
										336.737
					 of this title (relating to Funding for Institutional Control), §
										336.738
					 of this title (relating to Funding for Corrective Action), and Chapter 37 of
					 this title (relating to Financial Assurance).
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 336.717 - Conveyance of Waste

Current through Reg. 49, No. 28; July 12, 2024
(a) The compact
				  waste disposal facility license holder shall convey, at no cost to the state,
				  the title to the compact waste delivered to the compact waste disposal facility
				  for disposal at the time the waste is accepted at the site. Acceptance occurs
				  when the acceptance criteria specified in the license have been satisfied. This
				  section does not apply to federal facility waste accepted at a federal facility
				  waste disposal facility.
(b) The
				  title and all related rights and interest in compact waste conveyed under this
				  section are the property of the commission on the state's behalf. The
				  commission may administer the waste as property in the name of the
				  state.
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 336.718 - Application for Renewal or Closure

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Any expiration date on a license applies only to the aboveground activities and
				  to the authority to dispose of waste. Failure to renew the license shall not
				  relieve the licensee of responsibility for completing site closure,
				  post-closure observation, and transfer of the license to the custodial agency.
				  An application for renewal or an application for closure under §
										336.719
				  of this title (relating to Content of Application for Closure) shall be filed
				  at least one year before license expiration.
(b) Applications for renewal of a license
				  shall be filed in accordance with Chapter 305 of this title (relating to
				  Consolidated Permits), §
										336.705 of
				  this title (relating to Content of Application), §
										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), §
										336.711 of
				  this title (relating to Financial Information), and the rules of the
				  commission. Applications for closure shall be filed in accordance with §
										336.719
				  of this title and the rules of the commission.
(c) In any case in which a licensee has
				  timely filed an application for renewal of a license, the license for continued
				  receipt and disposal of licensed materials shall not expire until the
				  commission has taken final action on the application for renewal.
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 336.719 - Content of Application for Closure

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Before final closure of the disposal site, or as otherwise directed by the
				  commission, the applicant shall submit an application to amend the license for
				  closure. This closure application shall include a final revision and specific
				  details of the disposal site closure plan included as part of the license
				  application submitted under §
										336.708(11)
				  of this title (relating to Environmental Information) that includes each of the
				  following:
(1) any additional geological,
				  geochemical, hydrological, or other disposal site data obtained during the
				  operational period pertinent to the long-term containment of emplaced
				  wastes;
(2) the results of tests,
				  experiments, or any other analyses relating to backfill of excavated areas,
				  closure and sealing, waste migration and interaction with emplacement media, or
				  any other tests, experiments, or analyses pertinent to the long-term
				  containment of emplaced waste within the disposal site;
(3) any proposed revision of plans for:
(A) decontamination and/or dismantlement of
				  surface facilities;
(B) backfilling
				  of excavated areas; or
(C)
				  stabilization of the disposal site for post-closure care; and
(4) any significant new
				  information regarding the environmental impact of closure activities and
				  long-term performance of the disposal site.
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 336.720 - Post-closure Observation and Maintenance

Current through Reg. 49, No. 28; July 12, 2024
(a) Following completion of closure
				  authorized in §
										336.719
				  of this title (relating to Content of Application for Closure), the licensee
				  shall observe, monitor, and carry out necessary maintenance and repairs at the
				  disposal site until the site closure is complete and the license is transferred
				  by the commission in accordance with §
										336.721
				  of this title (relating to Transfer of License to Custodial Agency).
				  Responsibility for the disposal site shall be maintained by the licensee for
				  five years. A shorter or longer time period for post-closure observation and
				  maintenance may be established and approved as part of the site closure plan,
				  based on site-specific conditions.
(b) Upon transfer of the license to the
				  custodial agency and transfer of the financial assurance to the perpetual care
				  account, the licensee will be released from the requirements of liability
				  coverage under Chapter 37, Subchapter T of this title (relating to Financial
				  Assurance for Near-Surface Land Disposal of Low-Level Radioactive
				  Waste).
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 336.721 - Transfer of License to Custodial Agency

Current through Reg. 49, No. 28; July 12, 2024
Following closure and the period of post-closure
					 observation and maintenance, the licensee may apply for an amendment to
					 transfer the license to the custodial agency. The license may be transferred
					 when the commission finds that:
(1)
				  The closure of the disposal site has been made in conformance with the
				  licensee's disposal site closure plan, as amended and approved as part of the
				  license;
(2) Reasonable assurance
				  has been provided by the licensee that the performance objectives of this
				  subchapter are met;
(3) Any funds
				  and necessary records for care shall be transferred to the custodial
				  agency;
(4) The post-closure
				  monitoring program is operational for implementation by the custodial agency;
				  and
(5) The state or federal
				  government agency (custodial agency) which will assume responsibility for
				  institutional control of the disposal site is prepared to assume responsibility
				  and ensure that the institutional requirements found necessary under §
										336.715(7)
				  of this title (relating to Standards for Issuance of a License, License
				  Amendment, or License Renewal) will be met.
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 336.722 - Termination of License

Current through Reg. 49, No. 28; July 12, 2024
(a) Following any
				  period of institutional control needed to meet the requirements found necessary
				  under §
										336.715
				  of this title (relating to Standards for Issuance of a License, License
				  Amendment, or License Renewal), the licensee (custodial agency) may apply for
				  an amendment to terminate the license.
(b) This application shall be filed, and
				  reviewed, in accordance with applicable provisions of Chapter 305 of this title
				  (relating to Consolidated Permits).
(c) A license may be terminated only when the
				  commission finds that:
(1) The institutional
				  control requirements found necessary under §
											336.715(7)
				  of this title have been met; and
(2) Any additional requirements resulting
				  from new information developed during the institutional control period have
				  been met and that permanent monuments or markers warning against intrusion have
				  been installed.
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 336.723 - Performance Objectives

Current through Reg. 49, No. 28; July 12, 2024
Land disposal facilities shall be sited, designed,
					 operated, closed, and controlled after closure so that reasonable assurance
					 exists that exposures to humans are within the limits established in the
					 performance objectives in §
										336.724
					 of this title (relating to Protection of the General Population from Releases
					 of Radioactivity), §
										336.725
					 of this title (relating to Protection of Individuals from Inadvertent
					 Intrusion), §
										336.726
					 of this title (relating to Protection of Individuals during Operations), and
					 §
										336.727
					 of this title (relating to Stability of the Disposal Site after
					 Closure).
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 336.724 - Protection of the General Population from Releases of Radioactivity

Current through Reg. 49, No. 28; July 12, 2024
Concentrations of radioactive material which may be
					 released to the general environment in groundwater, surface water, air, soil,
					 plants, or animals shall not result in an annual dose above background
					 exceeding an equivalent of 25 millirems to the whole body, 75 millirems to the
					 thyroid, or 25 millirems to any other organ of any member of the public. Effort
					 shall be made to maintain releases of radioactivity in effluents to the general
					 environment as low as is reasonably achievable.
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 336.725 - Protection of Individuals from Inadvertent Intrusion

Current through Reg. 49, No. 28; July 12, 2024
Design, operation, and closure of the land disposal
					 facility shall ensure protection of any individual inadvertently intruding into
					 the disposal site and occupying the site or contacting the waste at any time
					 after active institutional controls over the disposal site are
					 removed.
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 336.726 - Protection of Individuals during Operations

Current through Reg. 49, No. 28; July 12, 2024
Operations at the land disposal facility shall be conducted
					 in compliance with the standards for radiation protection set out in Subchapter
					 D of this chapter (relating to Standards for Protection Against Radiation),
					 except for releases of radioactivity in effluents from the land disposal
					 facility, which shall be governed by §
										336.724
					 of this title (relating to Protection of the General Population from Releases
					 of Radioactivity). Effort shall be made to maintain radiation exposures as low
					 as is reasonably achievable.
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 336.727 - Stability of the Disposal Site after Closure

Current through Reg. 49, No. 28; July 12, 2024
The disposal facility shall be sited, designed, used,
					 operated, and closed to achieve long-term stability of the disposal site and to
					 eliminate to the extent practicable the need for ongoing active maintenance of
					 the disposal site following closure so that only surveillance, monitoring, or
					 minor custodial care are required.
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 336.729 - Disposal Site Design for Near-Surface Land Disposal

Current through Reg. 49, No. 28; July 12, 2024
(a) Site design features shall be directed
				  toward long-term isolation and avoidance of the need for continuing active
				  maintenance after site closure.
(b)
				  The disposal site design and operation shall be compatible with the disposal
				  site closure plan and lead to disposal site closure that provides reasonable
				  assurance that the performance objectives of this subchapter will be
				  met.
(c) The disposal site shall be
				  designed to complement and improve, where appropriate, the ability of the
				  disposal site's natural characteristics to assure that the performance
				  objectives of this subchapter will be met.
(d) Covers shall be designed to minimize
				  water infiltration, to direct percolating or surface water away from the
				  disposed waste, and to resist degradation by surface geologic processes and
				  biotic activity.
(e) Surface
				  features shall direct surface water drainage away from disposal units at
				  velocities and gradients which will not result in erosion that will require
				  ongoing active maintenance.
(f) The
				  disposal site shall be designed to minimize the contact of water with waste
				  during storage, the contact of standing water with waste during disposal, and
				  the contact of percolating or standing water with wastes after
				  disposal.
(g) The design of a land
				  disposal facility should incorporate, to the extent practicable, safeguards
				  against hazards resulting from local meteorological conditions, including
				  phenomena such as hurricanes, tornados, violent storms, and susceptibility to
				  flooding, as well as geologic phenomena such as earthquakes and earth
				  tremors.
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 336.730 - Near-Surface Land Disposal Facility Operation and Disposal Site Closure

Current through Reg. 49, No. 28; July 12, 2024
(a) Wastes
				  designated as Class A under §
										336.362(a)
				  of this title (relating to Appendix E. Classification and Characteristics of
				  Low-Level Radioactive Waste) shall be segregated from other wastes by placing
				  the Class A wastes in disposal units which are sufficiently separated from
				  disposal units for the other waste classes so that any interaction between
				  Class A wastes and other wastes shall not result in the failure to meet the
				  performance objectives specified in §
										336.723 of
				  this title (relating to Performance Objectives). This segregation is not
				  necessary for Class A wastes if they meet the stability requirements in §
										336.362(b)(2)
				  of this title.
(b) Wastes
				  designated as containerized Class A, Class B, or Class C under §
										336.362(a)
				  of this title or §
										336.702 of
				  this title (relating to Definitions) shall be disposed of in the following
				  manner:
(1) within a reinforced concrete
				  container and within a reinforced concrete barrier, or within containment
				  structures made of materials technologically equivalent or superior to
				  reinforced concrete;
(2) in such a
				  manner that the waste can be monitored and retrieved; and
(3) so that the top of the waste is a minimum
				  of five meters below the top surface of the cover or shall be disposed of with
				  intruder barriers that are designed to protect against an inadvertent intrusion
				  for at least 500 years.
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 336.731 - Environmental Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  pre-operational monitoring program shall be conducted to provide basic
				  environmental data on the disposal site characteristics. For those
				  characteristics that are subject to seasonal variation, data must cover at
				  least a 12-month period.
(b) During
				  the land disposal facility site construction and operation, the licensee shall
				  maintain a monitoring program. Measurements and observations shall be made and
				  recorded to provide data to evaluate the potential health and environmental
				  impacts during both the construction and the operation of the facility and to
				  enable the evaluation of long-term effects and the need for mitigative
				  measures. The monitoring system shall be capable of providing early warning of
				  releases of radionuclides and chemical constituents before they leave the
				  disposal site boundary.
(c) After
				  the disposal site is closed, the licensee responsible for postoperational
				  surveillance of the disposal site shall maintain a monitoring system based on
				  the operating history and the closure and stabilization of the disposal site.
				  The monitoring system shall be capable of providing early warning of releases
				  of radionuclides and chemical constituents before they leave the disposal site
				  boundary.
(d) The licensee shall
				  have a plan for taking corrective measures if migration of radionuclides and
				  chemical constituents would indicate that the performance objectives of this
				  subchapter may not be met.
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 336.732 - Alternative Requirements for Design and Operations

Current through Reg. 49, No. 28; July 12, 2024
The commission may, upon request or on its own initiative,
					 authorize provisions other than those set forth in §
										336.729
					 of this title (relating to Disposal Site Design for Near-Surface Land
					 Disposal), §
										336.730
					 of this title (relating to Near-Surface Land Disposal Facility Operation and
					 Disposal Site Closure), and §
										336.731
					 of this title (relating to Environmental Monitoring) for the segregation and
					 disposal of waste and for the design and operation of a land disposal facility
					 on a specific basis, if it finds reasonable assurance of compliance with the
					 performance objectives of 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 336.733 - Waste Classification, Characteristics, and Labeling

Current through Reg. 49, No. 28; July 12, 2024
(a) All low-level radioactive waste and mixed
				  waste received for disposal by the licensee shall be classified in accordance
				  with §336.362(a), of this title (relating to Appendix E. Classification
				  and Characteristics of Low-Level Radioactive Waste), shall meet the applicable
				  characteristics of §
										336.362(b)
				  of this title, and shall be labeled in accordance with §
										336.362(c)
				  of this title.
(b) The special
				  criteria specified in this subsection shall apply to the disposal of wastes
				  consisting of radionuclides with half-lives greater than 35 years and wastes
				  consisting of transuranic radionuclides which are acceptable for disposal under
				  this subchapter, that is, transuranic radionuclides in concentrations of less
				  than ten nanocuries/gram. All those wastes that are determined to be Class A
				  shall be placed in reinforced concrete canisters or equivalent containment
				  structures to provide stability after disposal or shall meet the stability
				  requirements set forth in §
										336.362(b)(2)
				  of this title. These special criteria are in addition to the minimum
				  requirements for Class A wastes set forth in §
										336.362(b)(1)
				  of this title. The executive director may consider a licensee's request for an
				  alternative from this special criteria on a case-by-case basis.
(c) In addition to the requirements of this
				  chapter, the licensee shall comply with the requirements of Chapter 335 of this
				  title (relating to Industrial Solid Waste and Municipal Hazardous Waste) for
				  the disposal of mixed waste. The licensee may not dispose of mixed waste unless
				  the licensee is specifically licensed for the disposal of mixed waste under
				  this chapter and permitted under Chapter 335 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 336.734 - Institutional Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Disposal of
				  waste received from other persons may be permitted only on land owned in fee by
				  the State or the federal government.
(b) The custodial agency shall carry out an
				  institutional control program to physically control access to the disposal site
				  following transfer of control of the disposal site from the disposal site
				  operator. The institutional control program shall also include, but not be
				  limited to, carrying out an environmental monitoring program at the disposal
				  site, periodic surveillance, minor custodial care, and other requirements as
				  determined by the commission or executive director, and administration of funds
				  to cover the costs for these activities. The period of institutional control
				  shall be determined by the commission but may not be relied upon for more than
				  100 years following transfer of control of the disposal site to the custodial
				  agency.
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 336.735 - Applicant Qualifications and Assurances

Current through Reg. 49, No. 28; July 12, 2024
The applicant shall show that it either possesses the
					 necessary funds or has reasonable assurance of obtaining the necessary funds,
					 or by a combination of the two, to cover the estimated costs of conducting all
					 licensed activities over the planned operating life of the project, including
					 costs of construction and disposal. The applicant shall provide proof of funds
					 sufficient to cover any annual license fee and any agency costs of processing
					 the application that may exceed the $500,000 application processing
					 fee.
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 336.736 - Liability Coverage and Funding for Disposal Site Closure and Stabilization

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The applicant shall provide assurance 60 days prior to the initial receipt of
				  waste that sufficient funds will be available to carry out disposal site
				  closure and stabilization, including:
(1)
				  decontamination or dismantlement of land disposal facility
				  structures;
(2) disposal of any
				  radioactive material remaining at the site at closure; and
(3) closure and stabilization of the disposal
				  site so that, following transfer of the disposal site to the custodial agency,
				  the need for ongoing active maintenance is eliminated to the extent practicable
				  and only minor custodial care, surveillance, and monitoring are
				  required.
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 336.737 - Funding for Institutional Control

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The licensee shall pay into the perpetual care account an amount determined by
				  the executive director to be adequate to provide surveillance, monitoring, any
				  required maintenance, and other care of the disposal site on a continuing basis
				  during the institutional control period. Unless otherwise specified, the amount
				  of funding provided shall be an amount necessary to provide perpetual
				  surveillance, monitoring, any required maintenance, and other care of the
				  disposal site and the administration of the fund by the state. The amount of
				  funds necessary to provide perpetual care during the institutional control
				  period shall be based upon a real annual rate of interest, above inflation, of
				  2% (i.e., the amount required is calculated by expressing all costs at an
				  annual rate and multiplying the total annual cost by 50 to calculate an amount
				  that will be self-perpetuating at a real annual interest rate of 2%).
(b) Sixty days prior to the initial receipt
				  of waste, the licensee shall provide the total amount of required funding by
				  means approved by the executive director, such as a combination of periodic
				  payments into the fund and financial assurance covering the remainder of the
				  total amount. Any changes to institutional control proposed by the licensee
				  shall be submitted to the commission in the form of an application for a
				  license amendment. Financial assurance mechanisms shall meet the requirements
				  of Chapter 37, Subchapter T of this title (relating to Financial Assurance for
				  Near-Surface Land Disposal of Low-Level Radioactive Waste).
(c) The commission at an open meeting shall
				  review annually the amount paid into the fund and shall adjust the amount, if
				  necessary, to ensure the payment schedule is adequate to cover the costs of
				  surveillance, monitoring, any required maintenance, and other care of the
				  disposal site during the institutional control period. The amount may be
				  adjusted to reflect inflation, changes in activities performed, and any other
				  conditions affecting costs.
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 336.738 - Funding for Corrective Action

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Sixty days prior to the initial receipt of waste, the licensee shall provide
				  financial assurance for corrective action to address unplanned events that pose
				  a risk to public health, safety, and the environment that may occur after the
				  decommissioning and closure of the compact waste disposal facility or federal
				  facility waste disposal facility.
(b) The payment schedule and amount shall be
				  determined by the executive director. The amount shall not be less than $20
				  million at the time the disposal facility site is decommissioned. The
				  commission at an open meeting shall review annually the amount for corrective
				  action.
(c) Financial assurance
				  under this section shall be established and maintained in accordance with
				  Chapter 37, Subchapter T of this title (relating to Financial Assurance for
				  Near-Surface Land Disposal of Low-Level Radioactive Waste).
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 336.739 - Volume Reduction

Current through Reg. 49, No. 28; July 12, 2024
(a) The compact
				  waste disposal facility license holder may accept nonparty compact waste for
				  disposal at the facility only if the waste has been volume-reduced, if
				  eligible, by at least a factor of three in a manner consistent with Texas
				  Health and Safety Code, Chapter 401, Subchapter F.
(b) Waste has been reduced by a factor of
				  three if the final volume of waste disposed is one-third (1/3) or less of the
				  initial volume.
(1) Initial volume of the
				  waste is the volume of radioactive material generated prior to receiving any
				  processing or operational waste volume reducing methods.
(2) Final volume of the waste is the volume
				  after the waste has been processed, whether by the generator (including any
				  waste minimization as part of the generator's process) or by a commercial waste
				  processor, and is in the final form immediately prior to disposal. Waste
				  packaging is not included in determining the final volume.
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 336.741 - Tests at Land Disposal Facilities

Current through Reg. 49, No. 28; July 12, 2024
Each licensee shall perform or permit the executive
					 director to perform any tests the executive director deems appropriate or
					 necessary for the administration of the rules in this chapter, including tests
					 of:
(1) wastes and facilities used for
				  the receipt, storage, processing, handling, and disposal of wastes;
(2) radiation detection and monitoring
				  instruments; and
(3) other
				  equipment and devices used in connection with the receipt, possession,
				  handling, processing, storage, or disposal of waste.
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 336.743 - Resident Inspectors

Current through Reg. 49, No. 28; July 12, 2024
The commission may require at any disposal site that the
					 licensee provide facilities for two or more resident inspectors employed by the
					 commission. The licensee shall reimburse the commission for the salary and
					 other expenses of the inspectors, as provided in Subchapter B of this chapter
					 (relating to Radioactive Substance Fees).
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 336.747 - Waste of International Origin

Current through Reg. 49, No. 28; July 12, 2024
The licensee may not receive or dispose of waste of
					 international origin at a land disposal facility licensed under this
					 chapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter I - COMPACT WASTE DISPOSAL FACILITY APPLICATION SELECTION PROCESS › Section 336.801 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) Initial license
				  applications to receive, possess, and dispose of low-level radioactive waste
				  from others at the compact waste disposal facility are subject to the
				  application selection process set out in this subchapter. Applications for a
				  license under this subchapter will be processed as set forth in this subchapter
				  in addition to any procedural requirements applicable to radioactive material
				  licensing in this title. In the event of a conflict between the procedural
				  requirements of this subchapter and other procedural requirements in this
				  title, the requirements of this subchapter shall prevail. The radioactive
				  material license authorizing the receipt, possession, and disposal of low-level
				  radioactive waste at the compact waste disposal facility must meet all of the
				  requirements provided in Subchapter H of this chapter (relating to Licensing
				  Requirements for Near-Surface Land Disposal of Low-Level Radioactive Waste).
				  The license authorizing the disposal of federal facility waste must meet the
				  requirements of Subchapter J of this chapter (relating to Federal Facility
				  Waste Disposal Facility) in addition to the requirements of Subchapter H of
				  this chapter. License applications under Subchapters F and G of this chapter
				  (relating to Licensing of Alternative Methods of Disposal of Radioactive
				  Material, and Decommissioning Standards) are not subject to this
				  subchapter.
(b) This subchapter
				  addresses the application selection process for the licensing of the disposal
				  of low-level radioactive waste at the compact waste disposal facility.
				  Applications for other authorizations and permits issued by the commission
				  required by the compact waste disposal facility are not subject to the
				  application selection process provided in this subchapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter I - COMPACT WASTE DISPOSAL FACILITY APPLICATION SELECTION PROCESS › Section 336.803 - Receipt of License Applications

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  License applications subject to this subchapter will be received by the
				  commission for a 30-day period, beginning 180 days after the date of the
Texas Register
notice publication for receipt of applications
				  for the siting, construction, and operation of a compact waste disposal
				  facility and a federal facility waste disposal facility, if applicable, for
				  disposal of low-level radioactive waste. The executive director shall not
				  evaluate applications received after the 30-day application period.
(b) The commission shall post on its Web site
				  the identity of all applicants filing applications and the Web address link
				  required by §
										336.805
				  of this title (relating to Application Requirements.)
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter I - COMPACT WASTE DISPOSAL FACILITY APPLICATION SELECTION PROCESS › Section 336.805 - Application Requirements

Current through Reg. 49, No. 28; July 12, 2024
In addition to the application requirements provided
					 elsewhere in this title, an applicant for a license subject to this subchapter
					 must:
(1) comply with Texas Health and
				  Safety Code, Chapter 401, the rules under this title, and any other applicable
				  requirement in the executive director's discretion;
(2) include a nonrefundable $500,000
				  application processing fee as provided in §
										336.103(a)
				  of this title (relating to Schedule of Fees for Subchapter H
				  Licenses);
(3) provide evidence
				  relating to the reasonableness of any technique for managing low-level
				  radioactive waste to be practiced at the proposed land disposal facility or
				  facilities including:
(A) studies of
				  alternate techniques of waste processing and reduction at the site of waste
				  generation; and
(B) studies of the
				  use of aboveground isolation facilities; and
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter I - COMPACT WASTE DISPOSAL FACILITY APPLICATION SELECTION PROCESS › Section 336.809 - Notice of Declaration of Administrative Completeness

Current through Reg. 49, No. 28; July 12, 2024
When an application under this subchapter has been declared
					 administratively complete, notice shall be provided under §
										39.702
					 of this title (relating to Notice of Declaration of Administrative
					 Completeness). The applicant shall pay for all costs of issuing notice under
					 this subchapter. The commission shall post on its Web site notice of the
					 application(s) declared administratively complete.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter I - COMPACT WASTE DISPOSAL FACILITY APPLICATION SELECTION PROCESS › Section 336.811 - Public Meeting

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				  director shall conduct at least one public meeting in the county or counties
				  where a compact waste disposal facility or federal facility waste disposal
				  facility is proposed to be located to receive public comments on the
				  administratively complete applications as provided in §
										55.253
				  of this title (relating to Public Comment Processing). The applicant shall pay
				  for the costs of providing notice of the public meeting and for the costs of
				  holding the public meeting.
(b) The
				  applicant shall publish notice of the public meeting in accordance with §
										39.405(f)(1)
				  of this title (relating to General Notice Provisions), once each week during
				  the three weeks preceding the public meeting. The notice shall include:
(1) the applicant's name;
(2) a description of the proposed
				  activity;
(3) the proposed location
				  of the compact waste disposal facility;
(4) the location and availability of the
				  application;
(5) the location,
				  date, and time of the public meeting; and
(6) the name, address, and telephone number
				  of the contact person for the applicant from whom interested persons may obtain
				  further information.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter I - COMPACT WASTE DISPOSAL FACILITY APPLICATION SELECTION PROCESS › Section 336.813 - Evaluation of Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  executive director shall prepare a written evaluation of each administratively
				  complete application in terms of the criteria established under §§
										336.815,
				  336.817,
				  336.819, and
				  336.821 of this
				  title (relating to Tier 1 Criteria, Tier 2 Criteria, Tier 3 Criteria, and Tier
				  4 Criteria).
(b) The executive
				  director may issue a request for further information to each applicant whose
				  administratively complete application is determined by the executive director
				  to be insufficient for the purposes of the evaluation required in this section.
				  An applicant, for whom a request for further information is issued, may be
				  provided two 30-day opportunities to respond to the request at the discretion
				  of the executive director.
(c) The
				  executive director shall use the written evaluations and application materials
				  to evaluate each application according to the criteria established by
				  §§
										336.815,
				  336.817,
				  336.819, and
				  336.821 of this
				  title. The executive director shall evaluate each application for each
				  criterion for purposes of comparing the relative merit of the application,
				  giving:
(1) equal weight to each criterion
				  within a tier of criteria; and
(2)
				  the greatest weight to Tier 1 criteria, greater weight to Tier 2 criteria than
				  to Tier 3 criteria, and the least weight to Tier 4 criteria.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter I - COMPACT WASTE DISPOSAL FACILITY APPLICATION SELECTION PROCESS › Section 336.815 - Tier 1 Criteria

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				  shall consider as Tier 1 criteria:
(1) the
				  natural characteristics of the site for a proposed land disposal facility or
				  facilities;
(2) the adequacy of the
				  proposed land disposal facility or facilities and activities to safely isolate,
				  shield, and contain low-level radioactive waste from mankind and mankind's
				  environment; and
(3) the adequacy
				  of financial assurance related to the proposed activities.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter I - COMPACT WASTE DISPOSAL FACILITY APPLICATION SELECTION PROCESS › Section 336.817 - Tier 2 Criteria

Current through Reg. 49, No. 28; July 12, 2024
The commission shall consider as Tier 2 criteria:
(1) the suitability of land disposal
				  facilities at the site that are associated with proposed activities and the
				  adequacy of their engineering and design; and
(2) the suitability of the proposed land
				  disposal facility or facilities for the chemical, radiological, and biological
				  characteristics of the low-level radioactive waste as classified under the
				  system established under Texas Health and Safety Code, §
										401.053.