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RULE §336.1211Filing Application for a Specific License

Unless otherwise specified, an applicant for a license to receive, possess, or process radioactive substances from other persons 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) The applicant for a license to receive, possess, or process radioactive substances from other persons shall submit seven copies of each license application or application for amendment and any supporting documents in a manner specified by the agency. Applications for issuance of licenses must include all general and specific technical requirements, financial information, and environmental requirements, if applicable, described in this section.

  (2) Each application must clearly demonstrate how the requirements of this section and §§336.1213, 336.1215, and 336.1217 of this title (relating to Additional Environmental Requirements for Class III Facilities, Issuance of Licenses, Commencement of Major Construction, respectively) have been addressed.

  (3) Applications for licenses will be processed in accordance with the requirements of Chapter 281 of this title (relating to Applications Processing).

  (4) An applicant for a license under this section must include the following additional information in the application:

    (A) identity of the applicant including the full name, address, telephone number, and description of the business(es) or occupation(s) of the applicant;

    (B) the organizational structure of the applicant, both off-site and on-site, including a description of lines of authority and assignments of responsibilities, whether in the form of administrative directives, contract provisions, or otherwise;

    (C) a description of past operations that the applicant has been involved in including any license limitations, suspensions or revocations of such licenses, and any other information that will allow the agency to assess the applicant's past operating history;

    (D) the technical qualifications, including training and experience, of the applicant and members of the applicant's staff to engage in the proposed activities; and minimum training and experience requirements for personnel;

    (E) a description of the personnel training and retraining program;

    (F) a statement of need and a description of the proposed activities identifying:

      (i) the location of the proposed site;

      (ii) the character of the proposed activities;

      (iii) the types, chemical and/or physical forms and quantities of radioactive substances to be received, possessed, and processed; and

      (iv) the plans for use of the facility for purposes other than processing of radioactive substances;

    (G) proposed time schedules for construction and receipt and processing of radioactive waste at the proposed facility;

    (H) description of the site and accurate drawings of the facility including, but not limited to:

      (i) construction;

      (ii) foundation details;

      (iii) ventilation;

      (iv) plumbing and fire suppression systems;

      (v) physical security system;

      (vi) storage areas;

      (vii) radioactive substances handling or processing areas;

      (viii) proximity to creeks or culverts; and

      (ix) soil types under the facility with respect to compatibility with foundation and structural design;

    (I) a description that demonstrates that the site suitability characteristics will meet the following requirements:

      (i) the overall hydrogeologic environment of the site, in combination with engineering design, must act to minimize and control potential migration of radioactive substances into surface water and groundwaters;

      (ii) no new site may be located in a 100-year floodplain, as designated by the Commission, or a wetland; and

      (iii) no new site may be located in the recharge area of a sole source aquifer or a major aquifer unless it can be demonstrated with reasonable assurance that the new site will be designed, constructed, operated, and closed without an unreasonable risk to the aquifer.

    (J) minimum criteria for facility design and operation to include:

      (i) the building used for processing radioactive wastes must have a minimum classification of Type II (111) in accordance with National Fire Protection Association 220 titled, "Standard Types of Building Construction;"

        (I) buildings used for processing or storage of radioactive substances shall have ventilation and fire protection systems to minimize the release of radioactive materials into the soils, waters, and the atmosphere; and

        (II) facilities and equipment for repackaging leaking and/or damaged containers must be provided.

      (ii) the design and operation of the radioactive substances processing or storage facility must be such that:

        (I) releases of non-radiological noxious materials from the facility are minimized; and

        (II) radiation levels, concentrations, and potential exposures off-site due to airborne releases during operations are within the limits established in Subchapter D of this chapter and are maintained as low as reasonably achievable.

      (iii) the design and operation of the radioactive substances processing or storage facility must be compatible with the objectives of the site closure and decommissioning plan;

      (iv) the facility must be designed to confine spills. Independent and diverse engineered barriers must be provided, as necessary, to complement natural barriers in minimizing potential releases from the facility and in complying with this section;

      (v) the location and construction of any new radioactive substances processing facility must have a buffer zone adequate to permit emergency measures to be implemented following accidents and to address airborne plume dispersions and, as a minimum, shall be such that:

        (I) the active components of a Class II facility are located at least 30 meters from the nearest residence as of the date of the license application; and

        (II) the active components of a Class III facility are located at least 30 meters from the nearest property not owned or occupied by the licensee.

    (K) a flow diagram of radioactive substances processing operations;

    (L) a description and accurate drawings of processing equipment and any required special handling techniques to be employed;

    (M) a description of personnel monitoring methods, training, and procedures to be followed to keep employees from ingesting and inhaling radioactive materials, including a description of methods to keep the radiation exposure to levels as low as reasonably achievable;

    (N) a description of the site monitoring program to include prelicense data and proposed operational monitoring programs for direct gamma radiation measurements and radioactive and chemical characteristics of the soils, groundwater, surface waters, and vegetation, as applicable;

      (i) for radioactive substances storage facilities, the applicant shall address on-site air quality; and

      (ii) for radioactive substances processing facilities, the applicant shall address on-site and off-site air quality;

    (O) spill detection and cleanup plans for the licensed site and for associated transportation of radioactive material;

    (P) an operating, safety, and emergency procedures manual that must provide detailed procedures for receiving, handling, storing, processing, and shipping radioactive substances;

    (Q) for radioactive substances processing facilities, a description of the equipment to be installed to maintain control over maximum concentrations of radioactive materials in gaseous and liquid effluents produced during normal operations and the means to be employed for keeping levels of radioactive material in effluents to unrestricted areas as low as reasonably achievable and within the limits listed in Subchapter D of this chapter;

    (R) methods of ultimate disposal and decommissioning; and

    (S) the system for maintaining inventory of receipt, storage, and transfer of radioactive substances.

    (T) an adequate operating, radiation safety, and emergency procedures manual; and

    (U) a signed certification from the owner or owners of the real property on which radioactive substances are stored or processed acknowledging that:

      (i) radioactive substances are stored or processed on the property with the consent of the property owner or owners; and

      (ii) decommissioning of the site may be required even if the applicant or licensee is unable or fails to decommission the site as required by a license, rule or order of the commission.

Source Note: The provisions of this §336.1211 adopted to be effective February 28, 2008, 33 TexReg 1570

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