N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 383-7.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 383-7.2 - Design and construction requirements applicable to all disposal methods

(a) The land disposal facility and associated facilities and systems must be designed and constructed in accordance with standard engineering and/or construction practices.

(b) The design and construction of the land disposal facility must be carried out under the direction of a licensed engineer. The licensed engineer will be responsible for observing, documenting, and certifying that the design and construction of the land disposal facility comply with the requirements of this Part and the permit. All engineering certifications must bear the engineer's seal and signature, and the date of certification.

(c) To provide for quality assurance during design and construction, the applicant must:

(1) implement a quality assurance and quality control (QA/QC) program during all engineering design activities and submit documentation of the QA/QC program in the application for a permit;

(2) develop a QA/QC program for construction to control the procurement of materials and equipment and all construction activities;

(3) submit the construction QA/QC program as part of the application for a permit; and

(4) implement the construction QA/QC program, as approved by the department in the permit.

(d) The construction QA/QC program required by subdivision (c) of this section must incorporate testing protocols for construction including:

(1) the frequency of inspection;

(2) field testing;

(3) sampling and field testing procedures and equipment to be utilized;

(4) the calibration of field testing equipment;

(5) the frequency of performance audits;

(6) the laboratory procedures to be followed including equipment calibration;

(7) QA/QC of laboratory procedures;

(8) the limits for test failure; and

(9) a description of the corrective procedures to be used upon test failure.

(e) Both QA/QC programs required by subdivision (c) of this section must:

(1) include all of the QA criteria listed in the United States Nuclear Regulatory Commission's publication, Quality Assurance Guidance for a Low-Level Radioactive Waste Disposal Facility(NUREG-1293), Revision 1, April 1991 (see section 383-1.8 of this Part); and

(2) contain provisions for auditing the effectiveness of the programs and implementing any necessary corrections to the programs.

(f) The permittee must submit a construction certification report to the department within 45 days after completion of each major phase of the land disposal facility construction as defined in the permit. This report must reference the project information submitted and approved in accordance with the application requirements of Subpart 383-3 of this Part and must include the following:

(1) documentation and certification that the land disposal facility has been constructed in accordance with the engineering plans and specifications approved in the permit and in accordance with the construction requirements of this Subpart;

(2) documentation and certification that all materials meet the materials requirements of the design specifications approved in the permit;

(3) results of all quality assurance and quality control testing performed, including:

(i) documentation of any failed test results;

(ii) descriptions of procedures used to remove, replace, or correct any improperly installed material or equipment; and

(iii) documentation of all retesting performed.

(4) construction record drawings (i.e., as-built drawings) and a comprehensive narrative including daily reports from the engineer responsible for overseeing construction and a series of colored photographs showing the progress of construction of major project features. The report and each record drawing must be certified and stamped by a licensed engineer.

(g) Survey control. Survey control for design and construction must be established in accordance with Subpart 383-11 of this Part.

(h) Seismic design. Disposal units and other structures that may be used to house waste at any time must be designed to remain functional during and following subjection to inertia forces resulting from the design basis ground motion, as defined in paragraph (3) of this subdivision. The seismic analysis and design must be performed by individuals with relevant qualifications and experience. The seismic design must be based on the following analyses:

(1) Ground motions. Ground motions must be defined in terms of both peak ground motions and response spectra. The acceleration time histories necessary to perform the analyses required by paragraphs (4) and (5) of this subdivision must be consistent with the response spectral estimates in the period range of interest.

(2) Methodology. Both deterministic/statistical and probabilistic methods must be used to determine the design basis ground motion. Probabilistic estimates of ground motion must include the effects of all potential sources surrounding the site. Earthquake recurrence models must be established for each source. Source geometry and ground motion attenuation variability must be taken into account. Where possible, uncertainty in any of the above inputs must be included in the analysis. The basis of deterministic/statistical estimates must include site-specific information. A target magnitude and a distance or distance range must be selected based on either the MCE of each potential source surrounding the site or on the magnitude range which most influences the hazard, as determined from the probabilistic analysis. In cases where the distance from site to source is well defined, estimates of median ground motion may be made by means of an acceptable ground motion attenuation relationship. In cases where the site lies within a source region, ground motions may be defined by estimating the median ground motions of a suite of accelerograms recorded at sites having similar properties, in the near field of earthquakes which occurred in similar tectonic environments and whose magnitude is within 0.5 magnitude units of the target magnitude.

(3) Design basis ground motion. The design basis ground motion shall be:

(i) the probabilistic estimate having a mean annual exceedance probability of 10-3 (i.e., an average return period of 1000 years); or

(ii) the largest deterministic/statistical estimate; or

(iii) the ground motions which most severely affect or control the design of individual site features.

In cases where the implied annual exceedance probability of the largest deterministic/statistical estimate differs significantly (greater than a half order of magnitude) from 10-3, a review of assumptions is required to determine the reason for the discrepancy.

(4) Site response analysis. A site response analysis must be performed to numerically evaluate the soil response due to the design basis ground motion. The site response analysis must be based on modelling appropriate to the soil behavior and the site topography. The results of the analysis must describe the motion at the ground surface by means of time histories and/or response spectra. Three-dimensional and nonlinear effects must be incorporated into the analysis as necessary where such effects are significant. Site response analysis is not required for structures founded on rock or soil deposits which can be shown will not alter the magnitude and frequency characteristics of the ground motion.

(5) Seismic analysis of structures. A seismic analysis must be performed to evaluate the performance of the disposal units and other structures that may be used to house waste at any time when subjected to the motion at the ground surface estimated in the analyses required by paragraph (4) of this subdivision. The seismic analysis of the disposal units may be performed either by direct integration methods or by modal analyses. Soil-structure interaction effects and nonlinear and three-dimensional effects must also be incorporated as necessary where such effects are significant.

(i) The land disposal facility must be designed and constructed to ensure that the combined releases of radioactivity to the environment due to all site activities comply with section 382.11 of this Title.

(j) The land disposal facility must be designed and constructed to comply with sections 382.20 through 382.35 of this Title.

(k) A land disposal facility authorized pursuant to section 1854-c of the Public Authorities Law must be designed and constructed to comply with the terms and conditions of the certification issued by the department in accordance with Part 382 of this Title.

(l) The disposal units must be designed and constructed to accommodate gas generation, in a manner that provides reasonable assurance that the performance objectives will be met.

(m) The design and construction of the disposal units must be compatible with the operating requirements of waste emplacement and with unit closure and post-closure requirements.

(n) Unless otherwise authorized by the department, the land disposal facility must be designed and constructed to provide for disposal of Class B and C waste in disposal units separate from those containing Class A waste. The department may authorize the disposal of Class A waste with Class B and C waste if the Class A waste meets the stability requirements of section 382.81(b) of this Title.

(o) All waste handling and treatment facilities, including any incinerators, must be designed and constructed to facilitate access for operation, inspection, testing, and maintenance. Releases of radioactivity from these facilities to the environment must be maintained as low as reasonably achievable.

(p) The land disposal facility must be designed and constructed to include the monitoring systems required by Subpart 383-10 of this Part.

(q) The land disposal facility developed pursuant to section 1854-c of the Public Authorities Law must be designed and constructed to provide disposal units of capacity sufficient for the disposal of all low-level radioactive wastes, as estimated by the commission and approved or amended by the decision of the department pursuant to section 382.6(f)(6) of this Title, to be generated in New York State and requiring disposal in a land disposal facility for a period of at least 30 years beginning on January 1, 1993.

(r) The land disposal facility must be designed and constructed to minimize safety hazards to all persons on the site.

(s) The land disposal facility must be designed and constructed to provide sufficient space for repairs of disposal units, as well as recovery or retrieval of waste, if applicable, without interfering with other disposal units or operations on the disposal site.

(t) The land disposal facility must be designed and constructed to minimize the visual impact of the facility on the surrounding area.

(u) The land disposal facility must include landscaping designed by a licensed landscape architect.

(v) The land disposal facility design and construction must incorporate the provisions for site security required by sections 383-14.2 and 383-14.3 of this Part.

(w) Except for the spoils resulting from construction of an underground mined repository, construction and demolition debris from on-site construction must remain on the site and be disposed of pursuant to Part 360 of this Title. Mine spoils may be sold or used off site.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 383-7.2