Texas Register, Volume 23, Number 17, Pages 3957-4141, April 24, 1998 Page: 4,035

                                
ing the site and] disposing of the radioactive material at a licensed
disposal facility ;[.]
(8)  information regarding financial assurance for decom-
missioning as provided for in 336.514 of this title (relating to Fi-
nancial Assurance for Decommissioning); and
(9) for license applications other than renewals, a descrip-
tion of how facility design and procedures for operation minimize,
to the extent practicable, contamination of the facility and the envi-
ronment, facilitate eventual decommissioning, and minimize, to the
extent practicable, the generation of radioactive wastes.
(b)   Content of application for renewal of license.
(1)   An applicant for renewal of a license authorizing
possession of disposed radioactive material in an inactive disposal site
or to decommission an inactive disposal site [which was formerly
used] shall submit information using the application form provided
by the agency on:
(A)-(B) (No change.)
(C) the methods of restricting access to the site; [ and]
(D)   any changes in or additions to the procedures or
information contained in previous applications; [.]
(E) the technical qualifications and identity of person-
nel responsible for radiation safety functions at the site;
(F)   a decommissioning plan that meets the standards
in Subchapter G of this chapter, if not previously submitted, including
an evaluation of the alternative of disposing of the radioactive material
at a licensed disposal facility; and
(G)   financial assurance for decommissioning as pro-
vided for in 336.514 of this title (relating to Financial Assurance for
Decommissioning).
(2)   The executive director may request additional infor-
mation, such as that required by subsection (a) of this section, if this
information was not previously provided for the site or is not cur-
rent.
(c)  Performance objectives. The applicant's submittal shall
include sufficient information to enable the executive director to as-
sess the potential hazard to public health and safety and to determine
whether the disposal site will have a significant impact on the environ-
ment. The executive director shall evaluate existing inactive disposal
sites on a case-by-case basis and may consider the following general
criteria and performance objectives in making the evaluation:
(1)   Radiation exposure and release of radioactive mate-
rials from a disposal site shall be maintained as low as is reasonably
achievable. Reasonable assurance must be provided that the potential
dose to an individual on or near the site will be within acceptable
limits. The estimated committed effective dose equivalent resulting
from a radiological assessment of a site will usually be the determin-
ing factor in the granting of authorization for a disposal site. If the
projected dose to a member of the public exceeds 25 millirems [a
few millirems] per year, the executive director shall [may] consider
other factors in determining whether to grant authorization for the
site, including, but not limited to, the use of institutional controls to
restrict access for a specified period of time.
(2)-(9) (No change.)
336.513. Technical Requirements for Active Disposal Sites.

(a)   Content of license application.  An applicant for a
license to authorize disposal of radioactive material shall submit the
following:
(1)-(18) (No change.)
(19)  the applicant's justification for the proposed disposal
method; [ and]
(20)   an evaluation of other disposal alternatives, includ-
ing [such as] disposal of the radioactive material at a licensed dis-
posal facility; and[.]
(21) financial assurance for decommissioning as provided
for in 336.514 of this title (relating to Financial Assurance for
Decommissioning).
(b)  Content of application for renewal of license.
(1)   An applicant for renewal of a license authorizing
disposal of radioactive material shall submit information on:
(A)-(E)   (No change.)
(F)   the results of any radiological monitoring per-
formed at the site;[ and]
(G)   any changes in or additions to the procedures or
information contained in previous applications; []
(H)   financial assurance for decommissioning as pro-
vided for in 336.514 of this title (relating to Financial Assurance for
Decommissioning); and
(I)  an evaluation of the alternative of disposing of the
radioactive material at a licensed disposal facility.
(2)   The executive director may request additional infor-
mation, such as that required by subsection (a) of this section, if that
information was not previously provided for the site or is not cur-
rent.
(c)  Performance objectives. The applicant's submittal shall
include sufficient information to enable the executive director to
assess the potential hazard to public health and safety and to
determine whether the disposal site will have a significant impact on
the environment. General criteria and performance objectives which
the executive director shall apply in the evaluation of a proposed
disposal site include the following:
(1)   Radiation exposure and release of radioactive mate-
rials from a disposal site shall be maintained as low as is reasonably
achievable. Reasonable assurance must be provided that the potential
dose to an individual on or near the site will be within acceptable
limits. The estimated committed effective dose equivalent resulting
from a radiological assessment of a site will usually be the determin-
ing factor in the granting of authorization for a disposal site. If the
projected dose to a member of the public exceeds 25 millirems [a
few milirems] per year, the executive director shall [may] consider
other factors in determining whether to grant authorization for the
site, including, but not limited to, the use of institutional controls to
restrict access for a specified period of time.
(2)-(9)  (No change.)
336.514. Financial Assurance for Decommissioning.
(a)   A financial assurance mechanism  or combination of
mechanisms in accordance with Subchapter I of this chapter (relating
to Financial Assurance) is required for all entities currently licensed
or proposed to be licensed. Federal, State or local government
licensees may submit a statement of intent containing a cost estimate
for decommissioning based upon the appropriate criteria listed below

PROPOSED RULES April 24, 1998 23 TexReg 4035