Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL › Subchapter B - REQUIREMENTS FOR SITING THE REGIONAL DISPOSAL FACILITY › GENERAL › Section 236.104 - Siting process

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  applicant shall screen this Commonwealth for potentially suitable sites using
						  the criteria in §§
													236.121-236.128 (relating to Phase I
						  screening requirements). Screening shall be conducted consistent with the
						  applicant's siting plan under §
													236.103 (relating to siting plan),
						  proposal and contract with the Department made under section 306 of the act
						  (35
						  P. S. §
														7130.306). The applicant shall
						  propose three preferred potentially suitable sites and submit those sites to
						  the EQB for approval.
(b) The EQB
						  will hold at least one public information meeting and one public hearing in
						  each proposed potentially suitable area, evaluate the three proposed
						  potentially suitable sites and determine compliance with §§
													236.121-236.128. As part of this
						  determination, the EQB will make a determination that the screening process has
						  identified three of the best potential locations in this Commonwealth, based on
						  the administrative record before the EQB. The administrative record shall
						  consist of the screening report, site justification report, the study of short
						  and long term environmental effects on the potentially suitable sites, the
						  conclusions and siting recommendations of the Department, the testimony
						  presented at the EQB's public hearings and comments received during the comment
						  period.
(c) Upon preliminary
						  approval of the three preferred potentially suitable sites by the EQB, the
						  applicant shall obtain access to the sites and conduct detailed
						  characterization studies under §§
													236.141-236.149 (relating to Phase II site
						  suitability requirements). The studies shall be conducted consistent with the
						  applicant's site characterization plan, proposal and contract with the
						  Department made under section 306 of the act. After concluding the
						  characterization studies, the applicant shall select the site to be considered
						  for licensing.
(d) Detailed site
						  characterization at a site may be discontinued by the applicant if conditions
						  are encountered that would prevent that site from meeting the Phase I site
						  screening evaluation requirements or the Phase II site suitability
						  requirements. If no disqualifying conditions are encountered, the applicant
						  shall continue detailed site characterization.
(e) If disqualifying conditions are
						  encountered at the three sites, the applicant shall submit three other
						  potentially suitable sites under this section prior to reinitiation of Phase
						  II.
This section cited in 25 Pa. Code §
															236.141 (relating to general
								requirements).