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 336.745 - Incidental Commingling of Waste

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability. This section does not limit party state compact waste that is
				  commingled with other party state compact waste during processing nor low-level
				  radioactive waste that is subject to an agreement of the Texas Low-Level
				  Radioactive Waste Disposal Compact Commission for the importation of low-level
				  radioactive waste into the compact for disposal. The terms of an agreement of
				  the Texas Low-Level Radioactive Waste Disposal Compact Commission may provide
				  requirements for any processed waste. Acceptance and disposal of waste for all
				  sources by the licensee is limited to the waste specifically authorized by the
				  license issued under this chapter.
(b) A licensee authorized to dispose of waste
				  from other persons may not dispose low-level radioactive waste that contains
				  party state compact waste that has been commingled at a commercial processing
				  facility with waste from other sources except as provided in this
				  section.
(c) A licensee may dispose
				  low-level radioactive waste that contains party state compact waste that has
				  been commingled at a commercial processing facility with waste from other
				  sources that does not exceed the thresholds and criteria established in
				  subsection (g) of this section.
(d)
				  A licensee may not dispose low-level radioactive waste that contains party
				  state compact waste that has been commingled at a commercial processing
				  facility with waste from other sources unless the commingling was incidental to
				  the processing of the waste and processing has not altered the waste class in
				  accordance with §
										336.229
				  of this title (relating to Prohibition of Dilution).
(e) No less than five days prior to the
				  receipt by the licensee of low-level radioactive waste that has been
				  commercially processed:
(1) The licensee
				  shall submit a report to the executive director that identifies the generator
				  of the low-level radioactive waste by name, address, and license number; the
				  processor of the low-level radioactive waste by name, address, and license
				  number; the methods used to process the waste; and the volume, physical form
				  and activity of the processed waste received for disposal at the compact waste
				  disposal facility;
(2) If the waste
				  does not contain party state compact waste that has been commingled at a
				  commercial processing facility with waste from other sources, the licensee and
				  the processor shall certify that party state compact waste has not been
				  commingled with low-level radioactive waste from other sources, including
				  commingling with waste of international origin; and
(3) If the waste contains party state compact
				  waste that has been commingled at a commercial processing facility with waste
				  from other sources, the report submitted under paragraph (1) of this subsection
				  must:
(A) identify and certify the waste
				  inventory from a party state compact generator at the point of waste entrance
				  into and exit from a processing unit or piece of processing equipment where it
				  has been commingled with waste from other sources;
(B) certify that the waste from other sources
				  does not exceed the thresholds and criteria established in subsection (g) of
				  this section and provide documentation of how compliance with the thresholds
				  and criteria in subsection (g) of this section were determined;
(C) certify that the commingling of the waste
				  was incidental to the processing of the waste and that the commingled waste
				  could not have been kept separate without undue risk to occupational or public
				  health and safety or the environment;
(D) certify that no waste of international
				  origin was either intentionally or unintentionally commingled and that no
				  nonparty compact waste was intentionally commingled with party state compact
				  waste during processing;
(E)
				  certify that processed waste meets the requirements of §
												336.229
				  of this title; and
(F) certify that
				  sealed sources have not been destroyed or damaged to alter the physical form of
				  the sealed source as part of processing.