| (III) 10 mrem/hr (0.1 mSv/hr) at any point 2 m from
the vertical planes represented by the outer lateral surfaces of the
vehicle, or, in the case of a flat-bed style vehicle, at any point
2 m from the vertical planes projected from the outer edges of the
vehicle; and
(IV) 2 mrem/hr (0.02 mSv/hr) in any normally occupied
positions of the vehicle, except that this provision does not apply
to private motor carriers when persons occupying these positions are
provided with special health supervision, personnel radiation exposure
monitoring devices, and training in accordance with §289.203(c)
of this title (relating to Notices, Instructions, and Reports to Workers;
Inspections).
(5) Each licensee shall:
(A) establish, maintain, and retain written procedures
for safely opening packages in which radioactive material is received;
and
(B) ensure that the procedures are followed and that
due consideration is given to special instructions for the type of
package being opened.
(6) Licensees transferring special form sources in
vehicles owned or operated by the licensee to and from a work site
are exempt from the contamination monitoring requirements of paragraph
(2) of this subsection, but are not exempt from the monitoring requirement
in paragraph (2) of this subsection for measuring radiation levels
that ensures that the source is still properly lodged in its shield.
(ff) General requirements for waste management.
(1) Unless otherwise exempted, a licensee shall discharge,
treat, or decay licensed material or transfer waste for disposal only:
(A) by transfer to an authorized recipient as provided
in subsection (jj) of this section, §289.252 of this title, §289.257
of this title, §289.259 of this title, or to the United States
Department of Energy (DOE);
(B) by decay in storage with prior approval from the
agency, except as authorized in §289.256(ee) of this title;
(C) by release in effluents within the limits in subsection
(n) of this section in accordance with the applicable requirements
of the Texas Commission on Environmental Quality (TCEQ) or the Railroad
Commission of Texas (RRC);
(D) as authorized in accordance with paragraph (2)
of this subsection, and subsections (gg), (hh), and (fff) of this
section; or
(E) by transfer of residual radiopharmaceutical waste
for decay in storage only to persons who manufactured, compounded,
and supplied the radiopharmaceutical and who otherwise meet the requirements
for exemption under Title 30, Texas Administrative Code (TAC), §336.1209.
(2) Upon agency approval, emission control dust and
other material from electric arc furnaces or foundries contaminated
as a result of inadvertent melting of cesium-137 or americium-241
sources may be transferred for disposal to a hazardous waste disposal
facility authorized by TCEQ or its successor, another state's regulatory
agency with jurisdiction to regulate hazardous waste as classified
under Subtitle C of the Resource Conservation and Recovery Act (RCRA),
or the EPA. The material may be transferred for disposal without regard
to its radioactivity if the following conditions are met.
(A) Contaminated material described in paragraph (2)
of this subsection, whether packaged or unpackaged (i.e., bulk), must
be treated through stabilization to comply with all waste treatment
requirements of the appropriate state or federal regulatory agency
as listed in this paragraph. The treatment operations must be undertaken
by either of the following:
(i) the owner/operator of the electric arc furnace
or foundry licensed to possess, treat or transfer cesium-137 or americium-241
contaminated incident-related material; or
(ii) a service contractor licensed by the agency, NRC,
or an agreement state to possess, treat, or transfer cesium-137 or
americium-241 contaminated incident-related material.
(B) The emission control dust and other incident-related
materials have been stored (if applicable) and transferred in accordance
with operating and emergency procedures approved by the agency.
(C) The total cesium-137 or americium-241 activity
contained in emission control dust and other incident-related materials
to be transferred to a hazardous waste disposal facility has been
specifically approved by NRC or the appropriate agreement state(s)
and does not exceed the total activity associated with the inadvertent
melting incident.
(D) The hazardous waste disposal facility operator
has been notified in writing of the impending transfer of the incident-related
materials and has agreed in writing to receive and dispose of the
packaged or unpackaged materials. Copies of the notification and agreement
shall be submitted to the agency.
(E) The licensee, as listed in subparagraph (A)(i)
or (ii) of this paragraph, notifies the NRC or agreement state(s)
in which the transferor and transferee are located, in writing, of
the impending transfer, at least 30 days before the transfer.
(F) The packaged stabilized material has been packaged
for transportation and disposal in non-bulk steel packaging as defined
in DOT regulations at Title 49, CFR, §173.213.
(G) The emission control dust and other incident-related
materials that have been stabilized and packaged as described in subparagraph
(F) of this paragraph shall contain pretreatment average concentrations
of cesium-137 that do not exceed 130 pCi/g of material, above background,
or pretreatment average concentrations of americium-241 that do not
exceed 3 pCi/g of material, above background.
(H) The dose rate at 3.28 feet (1 m) from the surface
of any package containing stabilized waste shall not exceed 20 µrem
per hour or 0.20 µSv per hour, above background.
(I) The unpackaged stabilized material shall contain
pretreatment average concentrations of cesium-137 that do not exceed
100 pCi/g of material, above background, or pretreatment average concentrations
of americium-241 that do not exceed 3 pCi/g of material, above background.
(J) The licensee transferring the cesium-137 or americium-241
contaminated incident-related material shall consult with the agency,
the TCEQ or its successor, another state's regulatory agency with
jurisdiction to regulate hazardous waste as classified under RCRA,
or the EPA and other authorized parties, including state and local
governments, and obtain all necessary approvals, in addition to those
of the NRC and/or any agreement state, for the transfers described
in paragraph (2) of this subsection.
(K) Nothing in this subsection shall be or is intended
to be construed as a waiver of any RCRA permit condition or term,
of any state or local statute or regulation, or of any federal RCRA
regulation.
(L) The total incident-related cesium-137 activity
described in paragraph (2) of this subsection received by a facility
over its operating life shall not exceed 1 Ci (37 gigabequerels (GBq)).
The total incident-related americium-241 activity described in paragraph
(2) of this subsection received by a facility over its operating life
shall not exceed 30 mCi (1.11 GBq). The agency will maintain a record
of the total incident-related cesium-137 or americium-241 activity
shipped by a person licensed by the agency. Upon consultation with
the TCEQ, the agency will determine if the total incident-related
activity received by a hazardous waste disposal facility over its
operating life has reached 1 Ci (37 GBq) of cesium-137 or 30 mCi (1.11
GBq) of americium-241. The agency will not approve shipments of cesium-137
or americium-241 contaminated incident-related material that will
cause this limit to be exceeded.
(3) Radioactive waste exempted by TCEQ for disposal
in a hazardous waste disposal facility that holds a TCEQ permit issued
under Subtitle C of the RCRA may be transferred for disposal as authorized
by TCEQ.
(4) A person shall be specifically licensed to receive
waste containing licensed material from other persons for:
(A) treatment prior to disposal;
(B) treatment by incineration;
(C) decay in storage;
(D) disposal at an authorized land disposal facility;
or
(E) storage until transferred to a storage or disposal
facility authorized to receive the waste.
(5) Byproduct material as defined in §289.201(b)(19)(C)
- (E) of this title may be disposed of in accordance with Title 10,
CFR, Part 61, even though it is not defined as low level radioactive
waste. Therefore, any byproduct material being disposed of at a facility,
or transferred for ultimate disposal at a facility licensed under
Title 10, CFR, Part 61, shall meet the requirements of this chapter.
(6) A licensee may dispose of byproduct material, as
defined in §289.201(b)(19)(C) - (E) of this title, at a disposal
facility authorized to dispose of such material in accordance with
any Federal or State solid or hazardous waste law.
Cont'd... |
