reglab/statecodes huggingface dataset:
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 336.819 - Tier 3 Criteria

Current through Reg. 49, No. 28; July 12, 2024
The commission shall consider as Tier 3 criteria the
					 applicant's:
(1) technical
				  qualifications to receive, store, process, and dispose of low-level radioactive
				  waste;
(2) experience in management
				  and disposal of low-level radioactive waste and other radioactive
				  materials;
(3) previous operating
				  practices in this state and elsewhere, including the practices of a parent,
				  subsidiary, or affiliated entity of the applicant, related to radioactive
				  materials;
(4) record of compliance
				  with environmental statutes, rules, and licenses in this state and in any other
				  jurisdiction, including the records of a parent or subsidiary of the applicant,
				  subject to Texas Health and Safety Code, §
										401.243;
(5) training programs proposed for its
				  employees whose duties relate to the proposed site and activities;
(6) monitoring, recordkeeping, and reporting
				  plans;
(7) low-level radioactive
				  waste spill detection and clean-up plans for the proposed site and
				  activities;
(8) decommissioning and
				  post-closure plans;
(9) security
				  plans;
(10) monitoring and
				  protection plans for workers;
(11)
				  emergency plans;
(12) plans for
				  background monitoring during the license period, including analysis of the
				  ambient conditions of the site and analysis of established trends of the site's
				  natural parameters, including:
(A) natural
				  background radioactivity levels;
(B) radon gas levels;
(C) air particulate levels;
(D) soil characteristics, including chemical
				  characteristics;
(E) surface water
				  and groundwater characteristics; and
(F) flora and fauna at the site;
				  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 336.821 - Tier 4 Criteria

Current through Reg. 49, No. 28; July 12, 2024
The commission shall consider as tier 4 criteria:
(1) the compatibility of uses of land near
				  the proposed site that could be affected by the construction and operation of
				  the land disposal facility or facilities; and
(2) possible socioeconomic effects on
				  communities in the host county of:
(A) the
				  proposed land disposal facility or facilities;
(B) the operation of the proposed land
				  disposal facility or facilities; and
(C) related transportation of low-level
				  radioactive waste to the land disposal facility or facilities.
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 336.823 - Technical Review

Current through Reg. 49, No. 28; July 12, 2024
Upon selection of the application that has the highest
					 comparative merit in accordance with §
										336.813
					 of this title (relating to Evaluation of Applications), the executive director
					 shall begin the technical review of the selected application in accordance with
					 §
										281.19 of this
					 title (relating to Technical Review). The executive director shall give
					 priority to the review of the selected application over all other radioactive
					 materials licensing and registration matters pending before the commission. The
					 executive director shall post on the commission Web site notice of the
					 application selected for technical review.
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 336.825 - Delegation

Current through Reg. 49, No. 28; July 12, 2024
The commission delegates to the executive director the
					 authority to review and evaluate applications for radioactive materials
					 licenses under this subchapter and to select the one application under §
										336.813
					 of this title (relating to Evaluation of Applications) for further technical
					 review. A decision by the executive director under §
										336.813
					 of this title is not appealable to the commission until the commission makes a
					 final decision on the selected license application.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter J - FEDERAL FACILITY WASTE DISPOSAL FACILITY › Section 336.901 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter provides additional licensing requirements
					 to the requirements of Subchapter H of this chapter (relating to Licensing
					 Requirements for Near-Surface Land Disposal of Low-Level Radioactive Waste);
					 and other rules of this title for the disposal of federal facility waste at a
					 separate land disposal facility on the same site. Applications for the
					 licensing of the disposal of federal facility waste shall demonstrate
					 compliance with the provisions of this subchapter in addition to other
					 application requirements of this title. The commission may license federal
					 facility waste disposal only at a separate and distinct land disposal facility
					 on the same site that is operated exclusively for the disposal of federal
					 facility waste and that is adjacent to the compact waste disposal
					 facility.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter J - FEDERAL FACILITY WASTE DISPOSAL FACILITY › Section 336.903 - Receipt of Waste

Current through Reg. 49, No. 28; July 12, 2024
(a) The compact
				  waste disposal facility license holder may not accept federal facility waste
				  for disposal unless the compact waste disposal facility license holder is
				  licensed for the disposal of federal facility waste under the requirements of
				  this subchapter and other licensing requirements of this title.
(b) The licensee may not accept federal
				  facility waste at a federal facility waste disposal facility until the licensee
				  begins accepting compact waste at the compact waste disposal facility. "Begins
				  accepting" means accepting compact waste at a licensed and constructed compact
				  waste disposal facility that the executive director has approved for acceptance
				  and 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 J - FEDERAL FACILITY WASTE DISPOSAL FACILITY › Section 336.905 - Volume Limitation

Current through Reg. 49, No. 28; July 12, 2024
(a) For the
				  first five years after a license is issued under this subchapter, the license
				  shall limit the overall capacity of the federal facility waste disposal
				  facility to not more than 3,000,000 cubic yards. Of that amount, the total
				  volume of low-level radioactive waste accepted at the federal facility waste
				  disposal facility that must be disposed of in accordance with §
										336.730
				  of this title (relating to Near-Surface Land Disposal Facility Operation and
				  Disposal Site Closure) shall be limited to not more than 300,000 cubic
				  yards.
(b) Upon application for
				  license amendment under §
										305.62 of
				  this title (relating to Amendment) and after five years from the date of
				  licensing of the disposal of federal facility waste under this subchapter, the
				  capacity of the federal facility waste disposal facility may be increased by
				  3,000,000 cubic yards for a total capacity of 6,000,000 cubic yards upon a
				  determination by the commission that increasing the capacity of the federal
				  facility waste disposal facility would not pose a significant risk to human
				  health, public safety, or the environment. Of the increased amount, the volume
				  of waste that must be disposed of in accordance with §
										336.730
				  of this title may be increased by not more than 300,000 cubic yards for a total
				  volume of 600,000 cubic yards.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter J - FEDERAL FACILITY WASTE DISPOSAL FACILITY › Section 336.907 - Prohibition of Commingling of Waste

Current through Reg. 49, No. 28; July 12, 2024
The commingling of compact waste and federal facility waste
					 is prohibited. If licensed to dispose of federal facility waste, the licensee
					 shall maintain separate waste transport, acceptance, storage, processing, and
					 disposal of compact waste and federal facility waste.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter J - FEDERAL FACILITY WASTE DISPOSAL FACILITY › Section 336.909 - Additional Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
If licensed to dispose of federal facility waste, the
					 licensee shall:
(1) arrange for and
				  pay the costs of management, control, stabilization, and disposal of federal
				  facility waste and the decommissioning of the licensed federal facility waste
				  disposal activity;
(2) before
				  accepting federal facility waste, submit to the commission a written agreement,
				  acceptable to the executive director and signed by the United States secretary
				  of energy, stating that the federal government will assume all right, title,
				  and interest in land and buildings acquired under §
										336.710
				  of this title (relating to Institutional Information) for the disposal of
				  federal facility waste, together with requisite rights of access to the land
				  and buildings;
(3) before
				  termination of the license, formally convey to the federal government the
				  right, title, and interest in federal facility waste located at the federal
				  facility waste disposal facility;
(4) transfer federal facility waste, land,
				  and buildings to the federal government without cost to the state or federal
				  government, other than the administrative and legal costs incurred in making
				  the transfer; and
(5) indemnify the
				  state, and its officers and agents, for any liability imposed on the state
				  under state or federal law for damages, removal, or remedial action with
				  respect to the land, the facility, or the waste accepted, stored, or disposed
				  of, because the transfer does not relieve a license holder of liability for any
				  act or omission before or following the transfer. This indemnification does not
				  relieve the license holder of providing financial assurance for
				  decommissioning, institutional control, and after decommissioning, corrective
				  action.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter K - COMMERCIAL DISPOSAL OF NATURALLY OCCURRING RADIOACTIVE MATERIAL WASTE FROM PUBLIC WATER SYSTEMS › Section 336.1001 - Scope and General Provisions

Current through Reg. 49, No. 28; July 12, 2024
This subchapter establishes additional criteria, terms, and
					 conditions under which the commission may issue, amend, or renew a license for
					 commercial disposal of naturally occurring radioactive material waste from
					 public water systems by injection into Class I injection
					 wells.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter K - COMMERCIAL DISPOSAL OF NATURALLY OCCURRING RADIOACTIVE MATERIAL WASTE FROM PUBLIC WATER SYSTEMS › Section 336.1003 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Most terms used in this subchapter are defined in §
										336.2 of
					 this title (relating to Definitions). The following words and terms, when used
					 in this subchapter, have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Commercial
				  disposal--The disposal by well injection of naturally occurring radioactive
				  material waste received by the licensee from other persons.
(2) Naturally occurring radioactive material
				  waste disposal facility--The land, buildings, structures, and equipment that
				  are used in the disposal of naturally occurring radioactive material (NORM)
				  waste. This includes the land, buildings and structures, and equipment used for
				  the receipt, storage, processing, or handling of NORM waste for purposes of
				  disposal.
(3) Public water
				  system--A public water system as defined in §
										290.38 of
				  this title (relating to Definitions).
(4) Site--The contiguous land area where any
				  naturally occurring radioactive material (NORM) waste disposal facility or
				  activity is physically located or conducted including adjacent land used in
				  connection with the land disposal facility or activity, and includes soils and
				  groundwater contaminated by radioactive material. Activity includes the
				  receipt, storage, processing, or handling of radioactive material for purposes
				  of disposal at a NORM waste disposal facility.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter K - COMMERCIAL DISPOSAL OF NATURALLY OCCURRING RADIOACTIVE MATERIAL WASTE FROM PUBLIC WATER SYSTEMS › Section 336.1005 - Disposal Method

Current through Reg. 49, No. 28; July 12, 2024
A person licensed for the commercial disposal of naturally
					 occurring radioactive material (NORM) waste from public water systems may
					 dispose of NORM waste only by injection into a Class I injection well permitted
					 under Chapter 331 of this title (relating to Underground Injection Control)
					 that is specifically permitted for the disposal of NORM
					 waste.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter K - COMMERCIAL DISPOSAL OF NATURALLY OCCURRING RADIOACTIVE MATERIAL WASTE FROM PUBLIC WATER SYSTEMS › Section 336.1009 - Standards for Issuance of a License, License Amendment, or License Renewal

Current through Reg. 49, No. 28; July 12, 2024
A license, license amendment, or license renewal for the
					 receipt, storage, processing, and disposal of naturally occurring radioactive
					 material (NORM) waste from public water systems may be issued by the commission
					 upon finding that the issuance of the license will not constitute an
					 unreasonable risk to the health and safety of the public or have a long-term
					 detrimental impact on the environment and that:
(1) the applicant is qualified by reason of
				  training and experience to carry out the disposal operations requested in a
				  manner that protects public health and safety and the environment;
(2) the applicant's proposed NORM waste
				  disposal facility siting, design, construction, operation, and closure are
				  adequate to protect the public health and safety in that the facility will
				  provide reasonable assurance that the general population will be protected from
				  releases of radioactivity as specified under §
										336.1011
				  of this title (relating to Performance Objectives);
(3) the applicant has provided reasonable
				  assurance that the applicable technical requirements of this chapter will be
				  met;
(4) the financial assurance
				  meets the requirements of this chapter;
(5) the location of the NORM waste disposal
				  facility is compatible with the uses of surrounding environs (both the
				  applicant's and adjacent properties'); and
(6) the applicant meets all additional
				  applicable requirements under the rules of the commission.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter K - COMMERCIAL DISPOSAL OF NATURALLY OCCURRING RADIOACTIVE MATERIAL WASTE FROM PUBLIC WATER SYSTEMS › Section 336.1011 - Performance Objectives

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  performance objectives of this section apply to the naturally occurring
				  radioactive material (NORM) waste disposal facility and any underground source
				  of drinking water, as defined in §
										331.2 of
				  this title (relating to Definitions), that may be impacted by activities at the
				  NORM waste disposal facility. The performance objectives of this section do not
				  apply to NORM waste in the injection zone as defined in §
										331.2 of
				  this title.
(b) Radiation exposure
				  and release of radioactive materials from a NORM waste disposal facility must
				  be maintained as low as is reasonably achievable (ALARA). Concentrations of
				  radioactive material that may be released to the general environment in
				  groundwater, surface water, air, soil, plants, or animals must 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.
(c)
				  Operations at the NORM waste disposal facility must 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 NORM waste disposal facility,
				  which are governed by subsection (b) of this section. Analyses of the
				  protection of individuals during operations must include assessments of
				  expected doses due to routine operations and potential accidents during
				  handling, storage, processing, and disposal of NORM waste.
(d) The location and characteristics of a
				  NORM waste disposal facility must preclude potential off-site migration or
				  transport of radioactive materials or ready access to critical exposure
				  pathways.
(e) Pathways analyzed in
				  demonstrating protection of the general population from releases of
				  radioactivity must include air, soil, groundwater, surface water, plant uptake,
				  and exhumation by animals.
(f) A
				  NORM waste disposal facility for which authorization is requested under this
				  subchapter must be located, designed, constructed, operated, and closed so that
				  long-term isolation and custodial care for long-term stability will not be
				  required beyond the time the licensee occupies the NORM waste disposal
				  facility.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter K - COMMERCIAL DISPOSAL OF NATURALLY OCCURRING RADIOACTIVE MATERIAL WASTE FROM PUBLIC WATER SYSTEMS › Section 336.1017 - Tests at Naturally Occurring Radioactive Material Waste Disposal Facilities

Current through Reg. 49, No. 28; July 12, 2024
Each licensee shall perform or allow the executive director
					 to perform any tests that the executive director deems appropriate or necessary
					 for the administration of the rules in this chapter during normal working
					 hours, 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 K - COMMERCIAL DISPOSAL OF NATURALLY OCCURRING RADIOACTIVE MATERIAL WASTE FROM PUBLIC WATER SYSTEMS › Section 336.1019 - Liability Coverage and Funding for Naturally Occurring Radioactive Material Waste Disposal Facility 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 closure and stabilization of the naturally occurring
				  radioactive material (NORM) waste disposal facility, including:
(1) decontamination or dismantlement of NORM
				  waste disposal facility structures;
(2) disposal of any radioactive material
				  remaining at the NORM waste disposal facility at closure; and
(3) closure and stabilization of the NORM
				  waste disposal facility so that the site may be released for unrestricted
				  use.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter L - LICENSING OF SOURCE MATERIAL RECOVERY AND BY-PRODUCT MATERIAL DISPOSAL FACILITIES › Section 336.1101 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter provides for the specific licensing of the
					 receipt, possession, use, or disposal of radioactive material in source
					 material recovery facilities and other operations that accept by-product
					 material for disposal. No person may engage in such activities except as
					 authorized in a specific license issued in accordance with this
					 subchapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter L - LICENSING OF SOURCE MATERIAL RECOVERY AND BY-PRODUCT MATERIAL DISPOSAL FACILITIES › Section 336.1103 - Scope

Current through Reg. 49, No. 28; July 12, 2024
In addition to the requirements of this subchapter, all
					 licensees, unless otherwise specified, are subject to the requirements of
					 Subchapters A - E of this chapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter L - LICENSING OF SOURCE MATERIAL RECOVERY AND BY-PRODUCT MATERIAL DISPOSAL FACILITIES › Section 336.1105 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Aquifer--A geologic
				  formation, group of formations, or part of a formation capable of yielding a
				  significant amount of groundwater to wells or springs. Any saturated zone
				  created by uranium or thorium recovery operations would not be considered an
				  aquifer unless the zone is or potentially is:
(A) hydraulically interconnected to a natural
				  aquifer;
(B) capable of discharge
				  to surface water; or
(C) reasonably
				  accessible because of migration beyond the vertical projection of the boundary
				  of the land transferred for long-term government ownership and care in
				  accordance with §
											336.1131
				  of this title (relating to Land Ownership of By-Product Material Disposal
				  Sites).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter L - LICENSING OF SOURCE MATERIAL RECOVERY AND BY-PRODUCT MATERIAL DISPOSAL FACILITIES › Section 336.1107 - Filing Application for Specific Licenses

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise specified, an applicant for a license 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) Applications for specific licenses shall
				  be filed in seven copies in a manner specified by the agency.
(2) Each applicant shall demonstrate to the
				  agency that the applicant is financially qualified to conduct the licensed
				  activity, including any required decontamination, decommissioning, reclamation,
				  and disposal, before the agency issues or renews a license by posting security
				  as required under §
										336.1125
				  of this title (relating to Financial Security Requirements).
(3) An application for a license shall
				  contain written specifications relating to the source material recovery
				  facility operations and the disposition of the by-product material.
(4) Each application shall clearly
				  demonstrate how the requirements of §§ 336.1107,
				  336.1109,
				  336.1111,
				  336.1113,
				  336.1125,
				  336.1127,
				  336.1129,
				  and
				  336.1131
				  of this title (relating to Filing Application for Specific Licenses; General
				  Requirements for the Issuance of Specific Licenses; Special Requirements for a
				  License Application for Source Material Recovery and By-Product Material
				  Disposal Facilities; Specific Terms and Conditions of Licenses; Financial
				  Security Requirements; Long-Term Care and Maintenance Requirements; Technical
				  Requirements; and Land Ownership of By-Product Material Disposal Sites) have
				  been addressed.
(5) Applications
				  for new licenses shall be processed in accordance with Chapter 281 of this
				  title (relating to Applications Processing).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter L - LICENSING OF SOURCE MATERIAL RECOVERY AND BY-PRODUCT MATERIAL DISPOSAL FACILITIES › Section 336.1109 - General Requirements for the Issuance of Specific Licenses

Current through Reg. 49, No. 28; July 12, 2024
A license application may be approved if the agency
					 determines that the applicant has met the requirements of §
										336.207
					 of this title (relating to General Requirements for Issuance of a License) and
					 the following:
(1) qualifications of
				  the designated radiation safety officer as stated in §
										336.208
				  of this title (relating to Radiation Safety Officer); and
(2) the applicant satisfies all applicable
				  special requirements in this subchapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter L - LICENSING OF SOURCE MATERIAL RECOVERY AND BY-PRODUCT MATERIAL DISPOSAL FACILITIES › Section 336.1111 - Special Requirements for a License Application for Source Material Recovery and By-product Material Disposal Facilities

Current through Reg. 49, No. 28; July 12, 2024
In addition to the requirements in §
										336.1109
					 of this title (relating to General Requirements for the Issuance of Specific
					 Licenses), a license may be issued if the applicant submits the items in
					 paragraph (1) of this section for agency approval and meets the conditions in
					 paragraphs (2) and (3) of this section.
(1) An application for a license must include
				  the following:
(A) for new licenses, an
				  environmental report that includes the results of a one-year preoperational
				  monitoring program and for renewal of licenses, an environmental report
				  containing the results of the operational monitoring program. Both must also
				  include the following:
(i) description of the
				  proposed project or action;
(ii)
				  area/site characteristics including ecology, geology, topography, hydrology,
				  meteorology, historical and cultural landmarks, and archaeology;
(iii) radiological and nonradiological
				  impacts of the proposed project or action, including waterway and groundwater
				  impacts and any long-term impacts;
(iv) environmental effects of
				  accidents;
(v) by-product material
				  disposal, decommissioning, decontamination, and reclamation and impacts of
				  these activities; and
(vi) site and
				  project alternative;
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter L - LICENSING OF SOURCE MATERIAL RECOVERY AND BY-PRODUCT MATERIAL DISPOSAL FACILITIES › Section 336.1113 - Specific Terms and Conditions of Licenses

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise specified, each license issued in
					 accordance with this section is subject to the requirements of §
										305.125
					 of this title (relating to Standard Permit Conditions) and the
					 following.
(1) Daily inspection of any
				  by-product material retention systems shall be conducted by the licensee.
				  General qualifications for individuals conducting inspections shall be approved
				  by the agency. Records of the inspections shall be maintained for review by the
				  agency.
(2) In addition to the
				  applicable requirements of §
										336.350
				  and §
										336.352
				  of this title (relating to Reports of Stolen, Lost, or Missing Licensed
				  Radioactive Material and Reports of Exposures, Radiation Levels, and
				  Concentrations of Radioactive Material Exceeding the Limits), the licensee
				  shall immediately notify the agency of the following:
(A) any failure in a by-product material
				  retention system that results in a release of by-product material into
				  unrestricted areas or of any unusual conditions (conditions not contemplated in
				  the design of the retention system) that if not corrected could indicate the
				  potential or lead to failure of the system and result in a release of
				  by-product material into unrestricted areas;
(B) any release of radioactive material that
				  exceeds the concentrations for water listed in Table II, Column 2, of §
											336.359
				  of this title (relating to Appendix B. Annual Limits in Intake (ALI) and
				  Derived Air Concentrations (DAC) of Radionuclides for Occupational Exposure;
				  Effluent Concentrations; Concentrations for Release to Sanitary Sewerage) and
				  that extends beyond the licensed boundary;
(C) any spill that exceeds 20,000 gallons and
				  that exceeds the concentrations for water listed in Table II, Column 2, of
				  §
											336.359
				  of this title; or
(D) any release
				  of solids that exceeds the limits in §
											336.1115(e)
				  of this title (relating to Expiration and Termination of Licenses;
				  Decommissioning of Sites, Separate Buildings or Outdoor Areas) and that extends
				  beyond the licensed boundary.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter L - LICENSING OF SOURCE MATERIAL RECOVERY AND BY-PRODUCT MATERIAL DISPOSAL FACILITIES › Section 336.1115 - Expiration and Termination of Licenses; Decommissioning of Sites, Separate Buildings or Outdoor Areas

Current through Reg. 49, No. 28; July 12, 2024
(a) The term of
				  the specific license is for a fixed term not to exceed ten years.
(b) Expiration of the specific license does
				  not relieve the licensee of the requirements of this chapter.
(c) All license provisions continue in effect
				  beyond the expiration date with respect to possession of radioactive material
				  until the agency notifies the former licensee in writing that the provisions of
				  the license are no longer binding. During this time, the former licensee must:
(1) be limited to actions involving
				  radioactive material that are related to decommissioning; and
(2) continue to control entry to restricted
				  areas until the location(s) is suitable for release for unrestricted use in
				  accordance with the requirements of subsection (e) of this section.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter L - LICENSING OF SOURCE MATERIAL RECOVERY AND BY-PRODUCT MATERIAL DISPOSAL FACILITIES › Section 336.1117 - Renewal of Licenses

Current through Reg. 49, No. 28; July 12, 2024
(a) Application for
				  a renewal of specific licenses must be filed in accordance with §
										336.1107
				  of this title (relating to Filing Application for Specific Licenses) and §
										336.1111(1)
				  of this title (relating to Special Requirements for a License Application for
				  Source Material Recovery and By-Product Material Disposal Facilities).
				  Application for a renewal of a specific license must be filed by the date
				  specified in the license. If the licensee fails to apply for a renewal and
				  fails to pay the fee required by Subchapter B of this chapter, the license
				  expires and the licensee must comply with the requirements of §
										336.1115
				  of this title (relating to Expiration and Termination of Licenses;
				  Decommissioning of Sites, Separate Buildings, or Outdoor Areas). In any
				  application for renewal, the applicant may incorporate drawings by clear and
				  specific reference (for example, title, date and unique number of drawing), if
				  no modifications have been made since previously submitted.
(b) In any case in which a licensee, prior to
				  expiration of the existing license, has filed a request in proper form for a
				  renewal or for a new license authorizing the same activities, such existing
				  license will not expire until the application has been finally determined by
				  the agency. In any case in which a licensee, not more than 30 days after the
				  expiration of an existing license, has filed an application for renewal or for
				  a new license authorizing the same activities and paid the fee required by
				  Subchapter B of this chapter, the agency may reinstate the license and extend
				  the expiration until the request has been finally determined by the
				  agency.
(c) An application for
				  renewal of a license may be approved if the agency determines that the
				  requirements of §
										336.1109
				  of this title (relating to General Requirements for the Issuance of Specific
				  Licenses) have been satisfied.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter L - LICENSING OF SOURCE MATERIAL RECOVERY AND BY-PRODUCT MATERIAL DISPOSAL FACILITIES › Section 336.1119 - Amendment of Licenses at Request of Licensee

Current through Reg. 49, No. 28; July 12, 2024
Requests for amendment of a license shall be filed in
					 accordance with §
										336.1107
					 of this title (relating to Filing Application for Specific Licenses) and §
										336.205
					 of this title (relating to Application Requirements). Such requests shall be
					 signed by the radiation safety officer and specify how the licensee desires the
					 license to be amended and the basis for such amendment.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter L - LICENSING OF SOURCE MATERIAL RECOVERY AND BY-PRODUCT MATERIAL DISPOSAL FACILITIES › Section 336.1121 - Agency Action on Applications to Renew or Amend

Current through Reg. 49, No. 28; July 12, 2024
In considering a request by a licensee to renew or amend a
					 license, the agency will apply the appropriate criteria in §
										336.1109
					 of this title (relating to General Requirements for the Issuance of Specific
					 Licenses) and §
										336.1111
					 of this title (relating to Special Requirements for a License Application for
					 Source Material Recovery and By-Product Material Disposal
					 Facilities).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter L - LICENSING OF SOURCE MATERIAL RECOVERY AND BY-PRODUCT MATERIAL DISPOSAL FACILITIES › Section 336.1123 - Transfer of Material

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee may
				  not transfer radioactive material except as authorized in accordance with this
				  chapter.
(b) Except as otherwise
				  provided in a license and subject to the provisions of subsections (c) and (d)
				  of this section, any licensee may transfer radioactive material:
(1) to the agency after receiving prior
				  approval from the agency;
(2) to
				  the United States Department of Energy;
(3) to any person exempt from the licensing
				  requirements of the Texas Radiation Control Act and these requirements or
				  exempt from the licensing requirements of the United States Nuclear Regulatory
				  Commission (NRC) or an agreement state, to the extent permitted by these
				  exemptions;
(4) to any person
				  authorized to receive such material in accordance with terms of a general
				  license or its equivalent, a specific license or equivalent licensing document
				  issued by the agency, NRC, any agreement state, any licensing state, or to any
				  person otherwise authorized to receive such material by the federal government
				  or any agency of the federal government, or the agency;
(5) to any person abroad pursuant to an
				  export license issued under Title 10, Chapter 1, Code of Federal Regulations
				  Part 110; or
(6) as otherwise
				  authorized by the agency in writing.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter L - LICENSING OF SOURCE MATERIAL RECOVERY AND BY-PRODUCT MATERIAL DISPOSAL FACILITIES › Section 336.1125 - Financial Assurance Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Financial assurance for decontamination, decommissioning, reclamation,
				  restoration, disposal, and any other requirements of the agency shall be
				  established by each licensee 60 days prior to the initial receipt, production,
				  or possession of radioactive substances, or injection operations in a
				  production area to assure that sufficient funds will be available to carry out
				  the decontamination and decommissioning of buildings and the site and for the
				  reclamation of any by-product material disposal areas. The amount of funds to
				  be ensured by such financial assurance mechanism shall be based on
				  agency-approved cost estimates in an agency-approved closure plan for:
(1) decontamination and decommissioning of
				  buildings and the site to levels that allow unrestricted use of these areas
				  upon decommissioning; and
(2) the
				  reclamation of by-product material disposal areas in accordance with technical
				  criteria delineated in §
											336.1129
				  of this title (relating to Technical Requirements); or
(3) the aquifer restoration which is based on
				  the physical characteristics of the mining aquifer; the costs of equipment,
				  labor, and administration; and any other data required under Chapter 331 of
				  this title (relating to Underground Injection Control) for a production area
				  authorization application.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter L - LICENSING OF SOURCE MATERIAL RECOVERY AND BY-PRODUCT MATERIAL DISPOSAL FACILITIES › Section 336.1127 - Long-Term Care and Maintenance Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless otherwise provided by the agency,
				  each licensee licensed in accordance with this part for disposal of by-product
				  material shall make payments into the Environmental Radiation and Perpetual
				  Care Account in amounts specified by the agency. The agency shall make such
				  determinations on a case-by-case basis.
(b) The final disposition of by-product
				  material should be such that the need for ongoing active maintenance is
				  eliminated to the maximum extent practicable.
(c) A minimum charge of $250,000 (1978
				  dollars) or more, if determined by the agency, must be paid into the
				  Environmental Radiation and Perpetual Care Account to cover the costs of
				  long-term care and maintenance. The total charge must be paid prior to the
				  termination of a license. With agency approval, the charge may be paid in
				  installments. The total or unpaid portion of the charge must be covered during
				  the term of the license by additional security meeting the requirements of
				  §
										336.1125
				  of this title (relating to Financial Assurance Requirements). If site
				  surveillance, control, or maintenance requirements at a particular site are
				  determined, on the basis of a site-specific evaluation, to be significantly
				  greater (for example, if fencing or monitoring is determined to be necessary),
				  the agency may specify a higher charge. The total charge must be such that,
				  with an assumed 1.0% annual real interest rate, the collected funds will yield
				  interest in an amount sufficient to cover the annual costs of site care,
				  surveillance, and where necessary, maintenance. Prior to actual payment, the
				  total charge will be adjusted annually for inflation. The inflation rate to be
				  used is that indicated by the change in the Consumer Price Index published by
				  the United States Department of Labor, Bureau of Labor Statistics.
(d) The requirements of this section apply
				  only to those sites whose ownership is subject to being transferred to the
				  state or the federal government. The total amount of funds collected by the
				  agency in accordance with this section must be transferred to the federal
				  government if title and custody of the by-product material disposal site is
				  transferred to the federal government upon termination of the
				  license.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter L - LICENSING OF SOURCE MATERIAL RECOVERY AND BY-PRODUCT MATERIAL DISPOSAL FACILITIES › Section 336.1129 - Technical Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) By-product
				  material handling and disposal systems must be designed to accommodate
				  full-capacity production over the lifetime of the facility. When later
				  expansion of systems or operations may be likely, capability of the disposal
				  system to be modified to accommodate increased quantities without degradation
				  in long-term stability and other performance factors must be
				  evaluated.
(b) In selecting among
				  alternative by-product material disposal sites or judging the adequacy of
				  existing sites, the following site features which would assure meeting the
				  broad objective of isolating the tailings and associated contaminants without
				  ongoing active maintenance must be considered:
(1) remoteness from populated
				  areas;
(2) hydrogeologic and other
				  environmental conditions conducive to continued immobilization and isolation of
				  contaminants from usable groundwater sources; and
(3) potential for minimizing erosion,
				  disturbance, and dispersion by natural forces over the long term.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter L - LICENSING OF SOURCE MATERIAL RECOVERY AND BY-PRODUCT MATERIAL DISPOSAL FACILITIES › Section 336.1131 - Land Ownership of By-product Material Disposal Sites

Current through Reg. 49, No. 28; July 12, 2024
(a) These criteria
				  relating to ownership of by-product material and their disposal sites apply to
				  all licenses terminated, issued, or renewed after November 8, 1981.
(b) Unless exempted by the United States
				  Nuclear Regulatory Commission (NRC), title to land (including any affected
				  interests therein) that is used for the disposal of by-product material or that
				  is essential to ensure the long-term stability of the disposal site and title
				  to the by-product material must be transferred to the State of Texas or the
				  United States prior to the termination of the license. Material and land
				  transferred must be transferred without cost to the State of Texas or the
				  United States. In cases where no ongoing site surveillance will be required,
				  surface land ownership transfer requirements may be waived. For licenses issued
				  before November 8, 1981, NRC may take into account the status of the ownership
				  of the land and interests therein, and the ability of a licensee to transfer
				  title and custody thereof to the State.
(c) Any uranium recovery facility license
				  must contain terms and conditions as the agency determines necessary to assure
				  that, prior to termination of the license, the licensee will comply with
				  ownership requirements of this section for sites used for tailings
				  disposal.
(d) For surface
				  impoundments only, the applicant/licensee shall demonstrate a serious effort to
				  obtain severed mineral rights and shall, in the event that fee simple title
				  including all mineral rights cannot be obtained, provide notification in local
				  public land records of the fact that the land is being used for the disposal of
				  radioactive material and is subject to an NRC license prohibiting the
				  disruption and disturbance of the tailings.
(e) If NRC, subsequent to title transfer,
				  determines that use of the surface or subsurface estates, or both, of the land
				  transferred to the state or federal government will not endanger the public
				  health and safety or the environment, NRC may permit the use of the surface or
				  subsurface estates, or both, of such land in a manner consistent with the
				  provisions of this section. If NRC permits the use of such land, it will
				  provide the person who transferred the land with the first refusal with respect
				  to the use of such land.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter L - LICENSING OF SOURCE MATERIAL RECOVERY AND BY-PRODUCT MATERIAL DISPOSAL FACILITIES › Section 336.1133 - Maximum Values for Use in Groundwater Protection

Current through Reg. 49, No. 28; July 12, 2024
The following is a list of the maximum concentration values
					 to be used for groundwater protection.
Attached
					 Graphic