| (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.
(f) The licensee may not dispose of low-level radioactive
waste that has been commercially processed without submitting the
report required in subsection (e) of this section.
(g) Waste streams allowed for acceptance for disposal
by the licensee are specifically authorized by the disposal license
issued under this chapter. Waste from other sources that is incidentally
commingled with compact party state waste may not exceed the thresholds
and criteria established in the subsection.
(1) Dry Active Waste or Compactable Trash. Authorized
common trash, Class A low-level radioactive waste-after processing,
waste from other sources may not exceed 10% of the total weight of
the processed waste. The radioactivity of waste from other sources
may not exceed:
(A) 0.05 microcurie (1.85 kilobecquerels) for any radionuclide
per gram; or
(B) 10% of concentration limit for Class A low-level
radioactive waste consistent with §336.362 of this title (relating
to Appendix E. Classification and Characteristics of Low-Level Radioactive
Waste).
(2) Nuclear Utility Resins. Authorized Decontamination,
Demineralization, or Secondary System Resins, Class A low-level radioactive
waste threshold-after processing, waste from other sources may not
exceed 10% of the total weight of the processed waste. The radioactivity
of waste from other sources may not exceed:
(A) 0.05 microcurie (1.85 kilobecquerels) for any radionuclide
per gram; or
(B) 10% of concentration limit for Class A low-level
radioactive waste consistent with §336.362 of this title.
(3) Nuclear Utility Resins. Authorized Decontamination,
Demineralization, Clean-up, or Secondary System Resins, Class B or
C low-level radioactive waste threshold-after processing, waste from
other sources may not exceed 10% of the total volume and radioactivity
of the processed waste.
(4) Nuclear Utility Filters. Authorized filters and
associated waste, Class A low-level radioactive waste threshold-after
processing, waste from other sources may not exceed 10% by total weight
of the processed waste. The radioactivity of waste from other sources
may not exceed:
(A) 0.05 microcurie (1.85 kilobecquerels) for any radionuclide
per gram; or
(B) 10% of concentration limit for Class A low-level
radioactive waste consistent with §336.362 of this title.
(5) Nuclear Utility Filters. Authorized filters and
associated waste, Class B or C low-level radioactive waste threshold-after
processing, waste from other sources may not exceed 10% by total volume
and radioactivity of the processed waste.
(6) For waste streams not identified in paragraphs
(1) - (5) of this subsection. If other waste streams are processed
with incidental commingling of waste from other sources, these waste
streams must be specifically identified and fully described in the
report submitted under subsection (e) of this section. After processing,
the waste from other sources may not exceed 10% by total volume, total
weight, total radioactivity, and if classified as Class A low-level
radioactivity waste, may not exceed 10% of the concentration limit
for Class A low-level radioactive waste consistent with §336.362
of this title.
(7) For all waste streams. If new radionuclides are
introduced through incidental commingling at a commercial processing
facility, these must be specifically identified and may not result
in a change in waste class or increased health and safety risks for
handling and disposal of the processed waste.
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