Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter G - DECOMMISSIONING STANDARDS › Section 336.619 - Financial Assurance for Decommissioning

Current through Reg. 49, No. 28; July 12, 2024
(a) A financial assurance mechanism or
				  combination of mechanisms in accordance with Chapter 37 of this title (relating
				  to Financial Assurance) is required for all entities currently licensed or
				  proposed to be licensed, except that licenses and applicants under Subchapter M
				  are subject to the financial assurance requirements of §
										336.1235
				  of this title (relating to Financial Assurance for Storage and Processing
				  Facilities).
(b) Applicants for a
				  new license to decommission an inactive disposal site and applicants for a
				  license under Subchapters K of this chapter (relating to Commercial Disposal of
				  Naturally Occurring Radioactive Material Waste from Public Water Systems) shall
				  submit with the application a signed statement regarding how the applicant will
				  provide financial assurance for decommissioning using one or more of the
				  mechanisms specified in Chapter 37 of this title. The amount of financial
				  assurance shall be based upon the detailed cost estimate included in the
				  decommissioning plan submitted with the application.
(c) Holders of licenses for inactive disposal
				  sites issued before January 1, 1998 shall submit a funding plan before January
				  1, 1998. Each funding plan must contain:
(1)
				  a cost estimate for decommissioning;
(A) Each
				  holder of a license authorizing the disposal of unsealed radioactive material
				  with a half-life greater than 120 days and in quantities exceeding 105 times
				  the applicable quantities set forth in §
												336.627
				  of this title (relating to Radionuclide Quantities for Use in Determining
				  Financial Assurance for Decommissioning) or when a combination of isotopes is
				  involved if R divided by 105 is greater than 1 (unity rule), where R is defined
				  as the sum of the ratios of the quantity of each isotope to the applicable
				  value in §
												336.627
				  of this title, shall submit a certification of financial assurance for
				  decommissioning in an amount at least equal to $750,000, in accordance with the
				  criteria set forth in this subchapter and Chapter 37 of this title;
				  or
(B) Each holder of a license
				  authorizing disposal of radioactive material with a half-life greater than 120
				  days shall provide certification of financial assurance for decommissioning
				  based on the quantity of material as follows:
(i) $750,000--greater than 104 but less than
				  or equal to 105 times the applicable quantities in §
													336.627
				  of this title, in unsealed form. (For a combination of isotopes, if R, as
				  defined in subparagraph (A) of this paragraph, divided by 104 is greater than 1
				  but R divided by 105 is less than or equal to 1.); or
(ii) $150,000--greater than 103 but less than
				  or equal to 104 times the applicable quantities in §
													336.627
				  of this title in unsealed form. (For a combination of isotopes, if R, as
				  defined in subparagraph (A) of this paragraph, divided by 103 is greater than 1
				  but R divided by 104 is less than or equal to 1.).
(C) Notwithstanding the requirements of
				  subparagraphs (A) and (B) of this paragraph:
(i) each holder for a license authorizing the
				  disposal of more than 100 millicuries of source material in a readily
				  dispersible form shall submit certification that financial assurance has been
				  provided in the amount of $750,000;
(ii) each holder for a license authorizing
				  the disposal of quantities of source material greater than ten millicuries but
				  less than or equal to 100 millicuries in a readily dispersible form shall
				  submit certification that financial assurance has been provided in the amount
				  of $150,000;