| (cc) The licensee shall establish a detection monitoring program needed for the agency to set the site-specific groundwater protection standards in subsection (j)(4) of this section. For all monitoring under this paragraph, the licensee or applicant will propose, as license conditions for agency approval, which constituents are to be monitored on a site-specific basis. The data and information must provide a sufficient basis to identify those hazardous constituents that require concentration limit standards and to enable the agency to set the limits for those constituents and compliance period. They may provide the basis for adjustments to the point of compliance. The detection monitoring program must be in place when specified by the agency in orders or license conditions. Once groundwater protection standards have been established in accordance with subsection (j)(4) of this section, the licensee shall establish and implement a compliance monitoring program. In conjunction with a corrective action program, the licensee shall establish and implement a corrective action monitoring program to demonstrate the effectiveness of the corrective actions. Any monitoring program required by this subsection may be based on existing monitoring programs to the extent the existing programs can meet the stated objective for the program. (dd) Systems must be designed and operated so that all airborne effluent releases are as low as is reasonably achievable. The primary means of accomplishing this must be by means of emission controls. Institutional controls, such as extending the site boundary and exclusion area, may be employed to ensure that offsite exposure limits are met, but only after all practicable measures have been taken to control emissions at the source. (1) During operations and prior to closure, radiation doses from radon emissions from surface impoundments of by-product materials must be kept as low as is reasonably achievable. (2) Checks must be made and logged hourly of all parameters which determine the efficiency of emission control equipment operation. It must be determined whether or not conditions are within a range prescribed to ensure that the equipment is operating consistently near peak efficiency. Corrective action must be taken when performance is outside of prescribed ranges. Effluent control devices must be operative at all times during drying and packaging operations and whenever air is exhausting from the uranium dryer stack. Drying and packaging operations must terminate when controls are inoperative. When checks indicate the equipment is not operating within the range prescribed for peak efficiency, actions must be taken to restore parameters to the prescribed range. When this cannot be done without shutdown and repairs, drying and packaging operations must cease as soon as practicable. Operations may not be restarted after cessation due to off-normal performance until needed corrective actions have been identified and implemented. All such cessations, corrective actions, and re-starts must be reported to the executive director in writing within ten days of the subsequent restart. (3) To control dusting from by-product material, that portion not covered by standing liquids must be wetted or chemically stabilized to prevent or minimize blowing and dusting to the maximum extent reasonably achievable. This requirement may be relaxed if by-product materials are effectively sheltered from wind, as in the case of below-grade disposal. Consideration must be given in planning by-product material disposal programs to methods for phased covering and reclamation of by-product material impoundments. To control dusting from diffuse sources, applicants/licensees must develop written operating procedures specifying the methods of control that will be utilized. (4) Uranium recovery facility operations producing or involving thorium by-product material must be conducted in such a manner as to provide reasonable assurance that the annual dose equivalent does not exceed 25 millirems (mrem) to the whole body, 75 mrem to the thyroid, and 25 mrem to any other organ of any member of the public as a result of exposures to the planned discharge of radioactive materials to the general environment, radon-220 and its daughters excepted. (5) By-product materials must be managed so as to conform to the applicable provisions of 40 CFR Part 440, as codified on January 1, 1983. (ee) Licensees/applicants may propose alternatives to the specific requirements in §336.1125 of this title (relating to Financial Security Requirements), §336.1127 of this title (relating to Long-Term Care and Maintenance Requirements), §336.1129 of this title (relating to Technical Requirements) and §336.1131 of this title (relating to Land Ownership of By-Product Material Disposal Sites). The alternative proposals may take into account local or regional conditions including geology, topography, hydrology, and meteorology. (ff) The agency may find that the proposed alternatives meet the agency's requirements if the alternatives will achieve a level of stabilization and containment of the sites concerned and a level of protection for the public health and safety and the environment from radiological and nonradiological hazards associated with the sites, which is equivalent to, to the extent practicable, or more stringent than the level that would be achieved by the requirements of §§336.1125, 336.1127, 336.1129 and 336.1131 of this title and the standards promulgated by EPA in 40 CFR Part 192, Subparts D and E. (gg) All site-specific licensing decisions based on the criteria in §§336.1125, 336.1127, 336.1129 and 336.1131 of this title, or alternatives proposed by licensees or applicants must take into account the risk to the public health and safety and the environment with due consideration to the economic costs involved and any other factors the agency determines to be appropriate. (hh) Any proposed alternatives to the specific requirements in §§336.1125, 336.1127, 336.1129 and 336.1131 of this title must meet the requirements of 10 CFR §150.31(d). (ii) No new site may be located in a 100-year floodplain or wetland as defined in "Floodplain Management Guidelines for Implementing Executive Order 11988." |
