Section 336.745 - Incidental Commingling of Waste(a) Applicability. This section does not limit party state compact waste that is commingled with other party state compact waste during processing nor low-level radioactive waste that is subject to an agreement of the Texas Low-Level Radioactive Waste Disposal Compact Commission for the importation of low-level radioactive waste into the compact for disposal. The terms of an agreement of the Texas Low-Level Radioactive Waste Disposal Compact Commission may provide requirements for any processed waste. Acceptance and disposal of waste for all sources by the licensee is limited to the waste specifically authorized by the license issued under this chapter.(b) A licensee authorized to dispose of waste from other persons may not dispose low-level radioactive waste that contains party state compact waste that has been commingled at a commercial processing facility with waste from other sources except as provided in this section.(c) A licensee may dispose low-level radioactive waste that contains party state compact waste that has been commingled at a commercial processing facility with waste from other sources that does not exceed the thresholds and criteria established in subsection (g) of this section.(d) A licensee may not dispose low-level radioactive waste that contains party state compact waste that has been commingled at a commercial processing facility with waste from other sources unless the commingling was incidental to the processing of the waste and processing has not altered the waste class in accordance with § 336.229 of this title (relating to Prohibition of Dilution).(e) No less than five days prior to the receipt by the licensee of low-level radioactive waste that has been commercially processed: (1) The licensee shall submit a report to the executive director that identifies the generator of the low-level radioactive waste by name, address, and license number; the processor of the low-level radioactive waste by name, address, and license number; the methods used to process the waste; and the volume, physical form and activity of the processed waste received for disposal at the compact waste disposal facility;(2) If the waste does not contain party state compact waste that has been commingled at a commercial processing facility with waste from other sources, the licensee and the processor shall certify that party state compact waste has not been commingled with low-level radioactive waste from other sources, including commingling with waste of international origin; and(3) If the waste contains party state compact waste that has been commingled at a commercial processing facility with waste from other sources, the report submitted under paragraph (1) of this subsection must:(A) identify and certify the waste inventory from a party state compact generator at the point of waste entrance into and exit from a processing unit or piece of processing equipment where it has been commingled with waste from other sources;(B) certify that the waste from other sources does not exceed the thresholds and criteria established in subsection (g) of this section and provide documentation of how compliance with the thresholds and criteria in subsection (g) of this section were determined;(C) certify that the commingling of the waste was incidental to the processing of the waste and that the commingled waste could not have been kept separate without undue risk to occupational or public health and safety or the environment;(D) certify that no waste of international origin was either intentionally or unintentionally commingled and that no nonparty compact waste was intentionally commingled with party state compact waste during processing;(E) certify that processed waste meets the requirements of § 336.229 of this title; and(F) certify that sealed sources have not been destroyed or damaged to alter the physical form of the sealed source as part of processing.(f) The licensee may not dispose of low-level radioactive waste that has been commercially processed without submitting the report required in subsection (e) of this section.(g) Waste streams allowed for acceptance for disposal by the licensee are specifically authorized by the disposal license issued under this chapter. Waste from other sources that is incidentally commingled with compact party state waste may not exceed the thresholds and criteria established in the subsection.(1) Dry Active Waste or Compactable Trash. Authorized common trash, Class A low-level radioactive waste-after processing, waste from other sources may not exceed 10% of the total weight of the processed waste. The radioactivity of waste from other sources may not exceed:(A) 0.05 microcurie (1.85 kilobecquerels) for any radionuclide per gram; or(B) 10% of concentration limit for Class A low-level radioactive waste consistent with § 336.362 of this title (relating to Appendix E. Classification and Characteristics of Low-Level Radioactive Waste).(2) Nuclear Utility Resins. Authorized Decontamination, Demineralization, or Secondary System Resins, Class A low-level radioactive waste threshold-after processing, waste from other sources may not exceed 10% of the total weight of the processed waste. The radioactivity of waste from other sources may not exceed: (A) 0.05 microcurie (1.85 kilobecquerels) for any radionuclide per gram; or(B) 10% of concentration limit for Class A low-level radioactive waste consistent with § 336.362 of this title.(3) Nuclear Utility Resins. Authorized Decontamination, Demineralization, Clean-up, or Secondary System Resins, Class B or C low-level radioactive waste threshold-after processing, waste from other sources may not exceed 10% of the total volume and radioactivity of the processed waste.(4) Nuclear Utility Filters. Authorized filters and associated waste, Class A low-level radioactive waste threshold-after processing, waste from other sources may not exceed 10% by total weight of the processed waste. The radioactivity of waste from other sources may not exceed:(A) 0.05 microcurie (1.85 kilobecquerels) for any radionuclide per gram; or(B) 10% of concentration limit for Class A low-level radioactive waste consistent with § 336.362 of this title.(5) Nuclear Utility Filters. Authorized filters and associated waste, Class B or C low-level radioactive waste threshold-after processing, waste from other sources may not exceed 10% by total volume and radioactivity of the processed waste.(6) For waste streams not identified in paragraphs (1) - (5) of this subsection. If other waste streams are processed with incidental commingling of waste from other sources, these waste streams must be specifically identified and fully described in the report submitted under subsection (e) of this section. After processing, the waste from other sources may not exceed 10% by total volume, total weight, total radioactivity, and if classified as Class A low-level radioactivity waste, may not exceed 10% of the concentration limit for Class A low-level radioactive waste consistent with § 336.362 of this title.(7) For all waste streams. If new radionuclides are introduced through incidental commingling at a commercial processing facility, these must be specifically identified and may not result in a change in waste class or increased health and safety risks for handling and disposal of the processed waste.30 Tex. Admin. Code § 336.745
The provisions of this §336.745 adopted to be effective June 7, 2012, 37 TexReg 4057