Texas Register, Volume 23, Number 17, Pages 3957-4141, April 24, 1998 Page: 4,034
3957-4141 p. ; 28 cm.View a full description of this periodical.
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limitativ pv~i ded in this subchapter, the emmiission may issue a
new li ense, or amend or renew an existingcense for the o-site
disposal of radioactive material or waste]
(b) (No change.)
(c) Any person who owns, operates, controls, or possesses
an inactive disposal site [en which disposed radioactive material
or waste is located] and who does not hold a current radioactive
material license for the inactive disposal site shall apply for a
license to decommission by January 1, 2000 [by January 4,
4-999]. Any decommissioning performed to fulfill this provision
shall be performed by an individual who is qualified and licensed
to perform the activities, ensuring that all appropriate radiation
protection standards for workers and the public are met, including
the maintenance of records.
(1) If the site meets the requirements for unrestricted
use of 336.603 of this title, (relating to Radiological Criteria for
Unrestricted Use), the owner shall submit to the executive director
the information required by 336.603(c) of this title before January
1, 2000. Once the executive director verifies that the criteria
have been met, the executive director will certify in writing that
the owner is in compliance with the regulations and will not
require any further cleanup, unless there is new evidence that the
decommissioning standards for unrestricted use were not met and that
residual radioactivity remaining at the site could result in significant
threat to public health and safety.
(2) If a site is decommissioned for unrestricted use
under 336.603 of this title before January 1, 2000, a license is
not required. If decommissioning is completed before January 1,
2000, proof of decommissioning must be submitted to the agency
before January 1, 2000, or the owner shall submit an application for
license by that date. Once the executive director verifies that the
criteria have been met, the executive director will certify in writing
that the owner is in compliance with the regulations and will not
require any further cleanup, unless there is new evidence that the
decommissioning standards for unrestricted use were not met and that
residual radioactivity remaining at the site could result in significant
threat to public health and safety.
(3) If a site does not meet the requirements for unre-
stricted use and the owner does not decommission before January 1,
2000, or if the owner plans to decommission under 336.607 of this
title (relating to Criteria for License Termination under Restricted
Conditions) or 336.609 of this title (relating to Alternate Criteria
for License Termination), the owner shall apply for a license to de-
commission by January 1, 2000. The applicant shall provide the
information required by this subchapter using a form provided by the
agency.
(d) Any person whose possession of disposed radioactive
material is authorized by the Texas Department of Health is exempt
from the requirements of this subchapter. This subchapter does not
apply to persons licensed or subject to licensing under [Subehapter
G f Chapter 336 of this title (relating to Licensing Re..uiremcnt.
for Source Material (Uranium or Thorium) Reevery and Processing
Facilities) or] Subchapter H of this chapter (relating to Licensing
Requirements for Near-Surface Land Disposal of Radioactive Waste).
[This subehapter also does not apply to sites that meet commission
requirements for release for unrestricted uttse in accordance with the
rules f this chapter]
(e) (No change.)
336.502. Definitions.Terms used in this subchapter are defined in 336.2 of this title
(relating to Definitions). Additional terms used in this subchapter
have the following definitions:
(1) Inactive disposal site - A site or facility that:
(A) contains radioactive material or waste disposed of
below the surface, or soils or structures contaminated with radioactive
material or waste; and
(B) no longer disposes or will dispose of, or accepts or
will accept for the purpose of disposal, additional radioactive material
or waste.
(2) Funding plan - a plan, equivalent to the decommis-
sioning funding plan of 10 Code of Federal Regulations 30.35 (relat-
ing to Financial assurance and recordkeeping for decommissioning)
and 40.36 (relating to Financial assurance and recordkeeping for de-
commissioning), submitted by the holder of an existing license before
the development of a detailed decommissioning plan. The funding
plan includes:
(A) an initial cost estimate for decommissioning;
(B) a description of the financial mechanism(s) uti-
lized; and
(C) a certification by the licensee that a signed original
of the financial assurance mechanism for decommissioning was
submitted to the executive director.
(3) On-site - The same or geographically contiguous
property that may be divided by public or private rights-of-way,
provided the entrance and exit between the properties is at a cross-
roads intersection, and access is by crossing, as opposed to going
along, the right-of-way. Noncontiguous properties owned by the
same person but connected by a right-of-way that the property owner
controls and to which the public does not have access, is also
considered on-site property.
336.503. Filing of Application.
(a) (No change.)
(b) An application for a license, or amendment of a license
shall be accompanied by the appropriate fee as specified in 336.105
of this title (relating to Schedule of Fees for Subchapter F Licenses).
[As provided in 936.544 of this title rel to Finania Assurane
and Recordkeeping for Decommissioning), an application may be
required to include a prposed .. mmissioning funding plan or a
certification of financial assurance for decommissioning.]
336.512. Technical Requirements for Inactive Disposal Sites.
(a) Content of license application. An applicant for a
license to authorize possession of disposed radioactive material and
subsequent decommissioning of [in] an inactive disposal site [ which
was formerly used] shall submit the following using the application
form provided by the agency:
(1)-(3) (No change.)
(4) the technical qualifications and identity of personnel
responsible for radiation safety functions at the site;
(5) (No change.)
(6) information on land ownership and any covenants on
land use imposed by recorded title documents; [and]
(7) a decommissioning plan that meets the standards in
Subchapter G of this chapter (relating to Decommissioning Stan-
dards), including an evaluation of the alternative of [decommission-23 TexReg 4034 April 24, 1998 Texas Register
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Texas. Secretary of State. Texas Register, Volume 23, Number 17, Pages 3957-4141, April 24, 1998, periodical, April 24, 1998; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113836/m1/80/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.