Section 336.1129 - Technical Requirements(a) By-product material handling and disposal systems must be designed to accommodate full-capacity production over the lifetime of the facility. When later expansion of systems or operations may be likely, capability of the disposal system to be modified to accommodate increased quantities without degradation in long-term stability and other performance factors must be evaluated.(b) In selecting among alternative by-product material disposal sites or judging the adequacy of existing sites, the following site features which would assure meeting the broad objective of isolating the tailings and associated contaminants without ongoing active maintenance must be considered: (1) remoteness from populated areas;(2) hydrogeologic and other environmental conditions conducive to continued immobilization and isolation of contaminants from usable groundwater sources; and(3) potential for minimizing erosion, disturbance, and dispersion by natural forces over the long term.(c) The site selection process must be an optimization to the maximum extent reasonably achievable in terms of these site features.(d) In the selection of disposal sites, primary emphasis must be given to isolation of the by-product material, a matter having long-term impacts, as opposed to consideration only of short-term convenience or benefits (e.g., minimization of transportation of land acquisition costs). While isolation of by-product material will also be a function of both site and engineering design, overriding consideration must be given to siting features.(e) By-product material should be disposed of in a manner such that no active maintenance is required to preserve conditions of the site.(f) The applicant's environmental report must evaluate alternative sites and disposal methods and shall consider disposal of by-product material by placement below grade. Where full below grade burial is not practicable, the size of retention structures, and size and steepness of slopes associated with exposed embankments must be minimized by excavation to the maximum extent reasonably achievable or appropriate given the geologic and hydrologic conditions at a site. In these cases, it must be demonstrated that an above grade disposal program will provide reasonably equivalent isolation of the by-product material from natural erosional forces.(g) To avoid proliferation of small waste disposal sites and thereby reduce perpetual surveillance obligations, by-product material from in situ extraction operations, such as residues from solution evaporation or contaminated control processes, and wastes from small remote above ground extraction operations must be disposed of at existing large mill tailings disposal sites; unless, considering the nature of the wastes, such as their volume and specific activity, and the costs and environmental impacts of transporting the wastes to a large disposal site, such offsite disposal is demonstrated to be impracticable or the advantages of onsite burial clearly outweigh the benefits of reducing the perpetual surveillance obligations.(h) The following site and design requirements must be adhered to whether by-product material is disposed of above or below grade:(1) the upstream rainfall catchment areas must be minimized to decrease erosion potential by flooding that could erode or wash out sections of the by-product material disposal area;(2) the topographic features must provide good wind protection;(3) the embankment and cover slopes must be relatively flat after final stabilization to minimize erosion potential and to provide conservative factors of safety assuring long term stability. The objective should be to contour final slopes to grades that are as close as possible to those that would be provided if by-product material was disposed of below grade. Slopes must not be steeper than 5 horizontal to 1 vertical (5h:1v), except as specifically authorized by the agency. Where steeper slopes are proposed, reasons why a slope steeper than 5h:1v would be as equally resistant to erosion shall be provided, and compensating factors and conditions that make such slopes acceptable shall be identified;(4) a full self-sustaining vegetative cover must be established or rock cover employed to reduce wind and water erosion to negligible levels;(5) where a full vegetative cover is not likely to be self-sustaining due to climatic conditions, such as in semi-arid and arid regions, rock cover shall be employed on slopes of the impoundment system. The agency may consider relaxing this requirement for extremely gentle slopes, such as those that may exist on the top of the pile;(6) the following factors must be considered in establishing the final rock cover design to avoid displacement of rock particles by human and animal traffic or by natural processes, and to preclude undercutting and piping: (A) shape, size, composition, gradation of rock particles (excepting bedding material, average particles size must be at least cobble size or greater);(B) rock cover thickness and zoning of particles by size; and(C) steepness of underlying slopes.(7) individual rock fragments must be dense, sound, and resistant to abrasion, and shall be free from cracks, seams, and other defects that would tend to unduly increase their destruction by erosion and weathering action. Local rock materials are permissible provided the characteristics under local climatic conditions indicate similar long-term performance as a protective layer. Weak, friable, or laminated aggregate may not be used;(8) rock covering of slopes may not be required where top covers are very thick (on the order of 10 m or greater); impoundment slopes are very gentle (on the order of 10h:1v or less); bulk cover materials have inherently favorable erosion resistance characteristics; there is negligible drainage catchment area upstream of the pile; and there is good wind protection;(9) all impoundment surfaces must be contoured to avoid areas of concentrated surface runoff or abrupt or sharp changes in slope gradient. In addition to rock cover on slopes, areas toward which surface runoff might be directed must be well protected with substantial rock cover (riprap). In addition to providing for stability of the impoundment system itself, overall stability, erosion potential, and geomorphology of surrounding terrain must be evaluated to assure that there are no ongoing or potential processes, such as gully erosion, which would lead to impoundment instability;(10) the impoundment must not be located near a capable fault that could cause a maximum credible earthquake larger than that which the impoundment could reasonably be expected to withstand; and(11) the impoundment should be designed to incorporate features that will promote deposition. Design features that promote deposition of sediment suspended in any runoff which flows into the impoundment area might be utilized. The object of such a design feature would be to enhance the thickness of cover over time.(i) The following groundwater protection requirements and those in subsections (j) and (k) of this section and § 336.1133 of this title (relating to Maximum Values for Use in Groundwater Protection) apply during operations and until closure is completed. Groundwater monitoring to comply with these standards is required by subsections (bb) and (cc) of this section. (1) The primary groundwater protection standard is a design standard for surface impoundments used to manage uranium or thorium by-product material. Unless exempted under subsection (i)(3) of this section, surface impoundments (except for an existing portion) must have a liner that is designed, constructed, and installed to prevent any migration of wastes out of the impoundment to the adjacent subsurface soil, groundwater, or surface water at any time during the active life (including the closure period) of the impoundment. If the liner is constructed of materials that may allow wastes to migrate into the liner during the active life of the facility, impoundment closure shall include removal or decontamination of all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate. For impoundments that will be closed with the liner material left in place, the liner must be constructed of materials that can prevent wastes from migrating into the liner during the active life of the facility.(2) The liner required by paragraph (1) of this subsection must be:(A) constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or leachate to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation;(B) placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression, or uplift; and(C) installed to cover all surrounding earth likely to be in contact with the wastes or leachate.(3) The applicant or licensee may be exempted from the requirements of paragraph (1) of this subsection if the agency finds, based on a demonstration by the applicant or licensee, that alternate design and operating practices, including the closure plan, together with site characteristics will prevent the migration of any hazardous constituents into groundwater or surface water at any future time. In deciding whether to grant an exemption, the agency will consider:(A) the nature and quantity of the wastes;(B) the proposed alternate design and operation;(C) the hydrogeologic setting of the facility, including the attenuative capacity and thickness of the liners and soils present between the impoundment and groundwater or surface water; and(D) all other factors that would influence the quality and mobility of the leachate produced and the potential for it to migrate to groundwater or surface water.(4) A surface impoundment must be designed, constructed, maintained, and operated to prevent overtopping resulting from normal or abnormal operations, overfilling, wind and wave actions, rainfall, or run-off; from malfunctions of level controllers, alarms, and other equipment; and from human error.(5) When dikes are used to form the surface impoundment, the dikes must be designed, constructed, and maintained with sufficient structural integrity to prevent massive failure of the dikes. In ensuring structural integrity, it must not be presumed that the liner system will function without leakage during the active life of the impoundment.(j) By-product materials must be managed to conform to the following secondary groundwater protection requirements.(1) Hazardous constituents, as defined in § 336.1105(16) of this title (relating to Definitions), entering the groundwater from a licensed site must not exceed the specified concentration limits in the uppermost aquifer beyond the point of compliance during the compliance period.(2) Specified concentration limits are those limits established by the agency as indicated in paragraph (7) of this subsection.(3) The agency will also establish the point of compliance and compliance period on a site-specific basis through license conditions and orders.(4) When the detection monitoring established under subsections (bb) and (cc) of this section indicates leakage of hazardous constituents from the disposal area, the agency will perform the following: (A) identify hazardous constituents;(B) establish concentration limits;(C) set the compliance period; and(D) may adjust the point of compliance if needed in accordance with developed data and site information regarding the flow of groundwater or contaminants.(5) Even when constituents meet all three tests in the definition of hazardous constituent, the agency may exclude a detected constituent from the set of hazardous constituents on a site-specific basis if it finds that the constituent is not capable of posing a substantial present or potential hazard to human health or the environment. In deciding whether to exclude constituents, the agency will consider the following:(A) potential adverse effects on groundwater quality, considering the following: (i) physical and chemical characteristics of the waste in the licensed site, including its potential for migration;(ii) hydrogeological characteristics of the licensed site and surrounding land;(iii) quantity of groundwater and the direction of groundwater flow;(iv) proximity of groundwater users and groundwater withdrawal rates;(v) current and future uses of groundwater in the area;(vi) existing quality of groundwater, including other sources of contamination and cumulative impact on the groundwater quality;(vii) potential for human health risks caused by human exposure to waste constituents;(viii) potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; and(ix) persistence and permanence of potential adverse effects; and(B) potential adverse effects on quality of hydraulically-connected surface water, considering the:(i) volume and physical and chemical characteristics of the by-product material in the licensed site;(ii) hydrogeological characteristics of the licensed site and surrounding land;(iii) quantity and quality of groundwater and the direction of groundwater flow;(iv) patterns of rainfall in the region;(v) proximity of the licensed site to surface waters;(vi) current and future uses of surface waters in the area and any water quality standards established for those surface waters;(vii) existing quality of surface water, including potential impacts from other sources of contamination and the cumulative impact on surface water quality;(viii) potential for human health risks caused by human exposure to waste constituents;(ix) potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; and(x) persistence and permanence of the potential adverse effects.(6) In making any determinations under paragraphs (5) and (8) of this subsection about the use of groundwater in the area around the facility, the agency will consider any identification of underground sources of drinking water and exempted aquifers made by the United States Environmental Protection Agency (EPA) and the commission under Chapter 331 of this title.(7) At the point of compliance, the concentration of a hazardous constituent may not exceed the following:(A) the agency approved background concentration in the groundwater of the constituents listed in 10 Code of Federal Regulations (CFR) 40, Appendix A, Criterion 13;(B) the respective value given in § 336.1133 of this title if the constituent is listed in the table and if the background level of the constituent is below the value listed; or(C) an alternate concentration limit established by the agency.(8) Alternate concentration limits to background concentration or to the drinking water limits in § 336.1133 of this title that present no significant hazard may be proposed by licensees for agency consideration. Licensees must provide the basis for any proposed limits including consideration of practicable corrective actions, evidence that limits are as low as reasonably achievable, and information on the factors the agency shall consider. The agency may establish a site-specific alternate concentration limit for a hazardous constituent, as provided in paragraph (7) of this subsection, if it finds that the proposed limit is as low as reasonably achievable, after considering practicable corrective actions, and that the constituent will not pose a substantial present or potential hazard to human health or the environment as long as the alternate concentration limit is not exceeded. In making the present and potential hazard finding, the agency will consider the factors listed in paragraph (4) of this subsection.(k) If the groundwater protection standards established under subsection (i) of this section are exceeded at a licensed site, a corrective action program must be put into operation as soon as is practicable, and in no event later than 18 months after the agency finds that the standards have been exceeded. The licensee must submit the proposed corrective action program and supporting rationale for executive director approval prior to putting the program into operation, unless otherwise directed by the executive director. The licensee's proposed program must address removing or treating in place any hazardous constituents that exceed concentration limits in groundwater between the point of compliance and downgradient licensed site boundary. The licensee must continue corrective action measures to the extent necessary to achieve and maintain compliance with the groundwater protection standard. The executive director will determine when the licensee may terminate corrective action measures based on data from the groundwater monitoring program and other information that provides reasonable assurance that the groundwater protection standard will not be exceeded.(l) In developing and conducting groundwater protection programs, applicants and licensees must also consider the following:(1) installation of bottom liners. Where synthetic liners are used, a leakage-detection system must be installed immediately below the liner to ensure detection of any major failures. This is in addition to the groundwater monitoring program conducted as provided in subsection (cc) of this section. Where clay liners are proposed or relatively thin, in situ clay soils are to be relied upon for seepage control, tests must be conducted with representative tailings solutions and clay materials to confirm that no significant deterioration of permeability or stability properties will occur with continuous exposure of clay to by-product material solutions. Tests must be run for a sufficient period of time to reveal any effects that may occur;(2) mill process designs that provide the maximum practicable recycle of solutions and conservation of water to reduce the net input of liquid to the by-product material impoundment;(3) dewatering of by-product material solutions by process devices and/or in situ drainage systems. At new sites, by-product material solutions must be dewatered by a drainage system installed at the bottom of the impoundment to lower the phreatic surface and reduce the driving head of seepage, unless tests show by-product material solutions are not amenable to such a system. Where in situ dewatering is to be conducted, the impoundment bottom must be graded to assure that the drains are at a low point. The drains must be protected by suitable filter materials to assure that drains remain free-running. The drainage system must also be adequately sized to assure good drainage; and(4) neutralization to promote immobilization of hazardous constituents.(m) Technical specifications must be prepared for installation of seepage control systems. A quality assurance, testing, and inspection program, which includes supervision by a qualified engineer or scientist, must be established to assure that specifications are met. If adverse groundwater impacts or conditions conducive to adverse groundwater impacts occur due to seepage, action must be taken to alleviate the impacts or conditions and restore groundwater quality to levels consistent with those before operations began. The specific seepage control and groundwater protection method, or combination of methods, to be used must be worked out on a site-specific basis.(n) In support of a by-product material disposal system proposal, the applicant/licensee must supply the following information: (1) the chemical and radioactive characteristics of the waste solutions;(2) the characteristics of the underlying soil and geologic formations particularly as they will control transport of contaminants and solutions. This must include detailed information concerning extent, thickness, uniformity, shape, and orientation of underlying strata. Hydraulic gradients and conductivities of the various formations must be determined. This information must be gathered by borings and field survey methods taken within the proposed impoundment area and in surrounding areas where contaminants might migrate to groundwater. The information gathered on boreholes must include both geologic and geophysical logs in sufficient number and degree of sophistication to allow determining significant discontinuities, fractures, and channeled deposits of high hydraulic conductivity. If field survey methods are used, they should be in addition to and calibrated with borehole logging. Hydrologic parameters such as permeability must not be determined on the basis of laboratory analysis of samples alone. A sufficient amount of field testing (e.g., pump tests) must be conducted to assure actual field properties are adequately understood. Testing must be conducted to make possible estimates of chemisorption attenuation properties of underlying soil and rock; and(3) location, extent, quality, capacity, and current uses of any groundwater at and near the site.(o) If ore is stockpiled, methods must be used to minimize penetration of radionuclides and other substances into underlying soils.(p) In disposing of by-product material, licensees must place an earthen cover over the by-product material at the end of the facility's operations and shall close the waste disposal area in accordance with a design that provides reasonable assurance of control of radiological hazards to the following:(1) be effective for 1,000 years to the extent reasonably achievable and, in any case, for at least 200 years; and(2) limit releases of radon-222 from uranium by-product materials and radon-220 from thorium by-product materials to the atmosphere so as not to exceed an average release rate of 20 picocuries per square meter per second (pCi/m2 s) to the extent practicable throughout the effective design life determined in accordance with paragraph (1) of this subsection. This average applies to the entire surface of each disposal area over a period of at least one year, but a short period compared to 100 years. Radon will come from both by-product materials and cover materials. Radon emissions from cover materials should be estimated as part of developing a closure plan for each site. The standard, however, applies only to emissions from by-product materials to the atmosphere.(q) In computing required by-product material cover thicknesses, moisture in soils in excess of amounts found normally in similar soils in similar circumstances may not be considered. Direct gamma exposure from the by-product material should be reduced to background levels. The effects of any thin synthetic layer may not be taken into account in determining the calculated radon exhalation level. Cover may not include materials that contain elevated levels of radium. Soils used for near-surface cover must be essentially the same, as far as radioactivity is concerned, as that of surrounding surface soils. If non-soil materials are proposed as cover materials, the licensee must demonstrate that such materials will not crack or degrade by differential settlement, weathering, or other mechanisms over the long term.(r) As soon as reasonably achievable after emplacement of the final cover to limit releases of radon-222 from uranium by-product material and prior to placement of erosion protection barriers of other features necessary for long-term control of the tailings, the licensee must verify through appropriate testing and analysis that the design and construction of the final radon barrier is effective in limiting releases of radon-222 to a level not exceeding 20pCi/m2 s averaged over the entire pile or impoundment using the procedures described in Appendix B, method 115 of 40 CFR Part 61, or another method of verification approved by the agency as being at least as effective in demonstrating the effectiveness of the final radon barrier.(s) When phased emplacement of the final radon barrier is included in the applicable reclamation plan, as defined in § 336.1105(25) of this title, the verification of radon-222 release rates required in subsection (dd) of this section must be conducted for each portion of the pile or impoundment as the final radon barrier for that portion is emplaced.(t) Within 90 days of the completion of all testing and analysis relevant to the required verification in subsection (dd)(3) and (dd)(4) of this section, the uranium recovery licensee must report to the agency the results detailing the actions taken to verify that levels of release of radon-222 do not exceed 20 pCi/m2 s when averaged over the entire pile or impoundment. The licensee must maintain records documenting the source of input parameters, including the results of all measurements on which they are based, the calculations and/or analytical methods used to derive values for input parameters, and the procedure used to determine compliance. These records must be maintained until termination of the license and shall be kept in a form suitable for transfer to the custodial agency at the time of transfer of the site to the state or federal government in accordance with § 336.1131 of this title (relating to Land Ownership of By-Product Material Disposal Sites).(u) Near-surface cover materials may not include waste, rock, or other materials that contain elevated levels of radium. Soils used for near-surface cover must be essentially the same, as far as radioactivity is concerned, as surrounding surface soils. This is to ensure that surface radon exhalation is not significantly above background because of the cover material itself.(v) The design requirements for longevity and control of radon releases apply to any portion of a licensed and/or disposal site unless such portion contains a concentration of radium in land averaged over areas of 100 square meters (m2), that, as a result of by-product material, does not exceed the background level by more than: (1) 5 picocuries per gram (pCi/g) of radium-226, or in the case of thorium by-product material, radium-228, averaged over the first 15 centimeters (cm) below the surface; and(2) 15 pCi/g of radium-226, or in the case of thorium by-product material, radium-228, averaged over 15-cm thick layers more than 15 cm below surface.(w) The licensee must also address the nonradiological hazards associated with the waste in planning and implementing closure. The licensee must ensure that disposal areas are closed in a manner that minimizes the need for further maintenance. To the extent necessary to prevent threats to human health and the environment, the licensee shall control, minimize, or eliminate post-closure escape of nonradiological hazardous constituents, leachate, contaminated rainwater, or waste decomposition products to groundwater or surface waters or to the atmosphere.(x) For impoundments containing uranium by-product materials, the final radon barrier shall be completed as expeditiously as practicable considering technological feasibility after the pile or impoundment ceases operation in accordance with a written reclamation plan, as defined in § 336.1105(25) of this title, approved by the agency, by license amendment. (The term "As expeditiously as practicable considering technological feasibility" includes "Factors beyond the control of the licensee.") Deadlines for completion of the final radon barrier and applicable interim milestones shall be established as license conditions. Applicable interim milestones may include, but are not limited to, the retrieval of windblown by-product material and placement on the pile and the interim stabilization of the by-product material (including dewatering or the removal of freestanding liquids and recontouring). The placement of erosion protection barriers or other features necessary for long-term control of the by-product material shall also be completed in a timely manner in accordance with a written reclamation plan approved by the agency by license amendment.(y) The agency may approve by license amendment a licensee's request to extend the time for performance of milestones related to emplacement of the final radon barrier if, after providing an opportunity for public participation, the agency finds that the licensee has adequately demonstrated in the manner required in subsection (r) of this section that releases of radon-222 do not exceed an average of 20 pCi/m2 s. If the delay is approved on the basis that the radon releases do not exceed 20 pCi/m2 s, a verification of radon levels, as required by subsection (r) of this section, shall be made annually during the period of delay. In addition, once the agency has established the date in the reclamation plan for the milestone for completion of the final radon barrier, the agency may by license amendment extend that date based on cost if, after providing an opportunity for public participation, the agency finds that the licensee is making good faith efforts to emplace the final radon barrier, the delay is consistent with the definition of "Available technology," and the radon releases caused by the delay will not result in a significant incremental risk to the public health.(z) The agency may authorize by license amendment, upon licensee request, a portion of the impoundment to accept uranium by-product material, or such materials that are similar in physical, chemical, and radiological characteristics to the uranium mill tailings and associated wastes already in the pile or impoundment, from other sources during the closure process. No such authorization will be made if it results in a delay or impediment to emplacement of the final radon barrier over the remainder of the impoundment in a manner that will achieve levels of radon-222 releases not exceeding 20 pCi/m2 s averaged over the entire impoundment. The verification required in subsection (r) of this section may be completed with a portion of the impoundment being used for further disposal if the agency makes a final finding that the impoundment will continue to achieve a level of radon-222 release not exceeding 20 pCi/m2 s averaged over the entire impoundment. After the final radon barrier is complete except for the continuing disposal area, only by-product material will be authorized for disposal, and the disposal will be limited to the specified existing disposal area. This authorization by license amendment will only be made after providing opportunity for public participation. Reclamation of the disposal area, as appropriate, must be completed in a timely manner after disposal operations cease in accordance with subsection (p) of this section. These actions are not required to be complete as part of meeting the deadline for final radon barrier construction.(aa) The licensee's closure plan must provide reasonable assurance that institutional control will be provided for the length of time found necessary by the agency to ensure the requirements of subsection (p) of this section are met.(bb) Prior to any major site construction, a preoperational monitoring program must be conducted for one full year to provide complete baseline data on the site and its environs. Throughout the construction and operating phases of the project, an operational monitoring program must be conducted to measure or evaluate compliance with applicable standards and rules; to evaluate performance of control systems and procedures; to evaluate environmental impacts of operation; and to detect potential long-term effects.(cc) The licensee shall establish a detection monitoring program needed for the agency to set the site-specific groundwater protection standards in subsection (j)(4) of this section. For all monitoring under this paragraph, the licensee or applicant will propose, as license conditions for agency approval, which constituents are to be monitored on a site-specific basis. The data and information must provide a sufficient basis to identify those hazardous constituents that require concentration limit standards and to enable the agency to set the limits for those constituents and compliance period. They may provide the basis for adjustments to the point of compliance. The detection monitoring program must be in place when specified by the agency in orders or license conditions. Once groundwater protection standards have been established in accordance with subsection (j)(4) of this section, the licensee shall establish and implement a compliance monitoring program. In conjunction with a corrective action program, the licensee shall establish and implement a corrective action monitoring program to demonstrate the effectiveness of the corrective actions. Any monitoring program required by this subsection may be based on existing monitoring programs to the extent the existing programs can meet the stated objective for the program.(dd) Systems must be designed and operated so that all airborne effluent releases are as low as is reasonably achievable. The primary means of accomplishing this must be by means of emission controls. Institutional controls, such as extending the site boundary and exclusion area, may be employed to ensure that offsite exposure limits are met, but only after all practicable measures have been taken to control emissions at the source. (1) During operations and prior to closure, radiation doses from radon emissions from surface impoundments of by-product materials must be kept as low as is reasonably achievable.(2) Checks must be made and logged hourly of all parameters which determine the efficiency of emission control equipment operation. It must be determined whether or not conditions are within a range prescribed to ensure that the equipment is operating consistently near peak efficiency. Corrective action must be taken when performance is outside of prescribed ranges. Effluent control devices must be operative at all times during drying and packaging operations and whenever air is exhausting from the uranium dryer stack. Drying and packaging operations must terminate when controls are inoperative. When checks indicate the equipment is not operating within the range prescribed for peak efficiency, actions must be taken to restore parameters to the prescribed range. When this cannot be done without shutdown and repairs, drying and packaging operations must cease as soon as practicable. Operations may not be restarted after cessation due to off-normal performance until needed corrective actions have been identified and implemented. All such cessations, corrective actions, and re-starts must be reported to the executive director in writing within ten days of the subsequent restart.(3) To control dusting from by-product material, that portion not covered by standing liquids must be wetted or chemically stabilized to prevent or minimize blowing and dusting to the maximum extent reasonably achievable. This requirement may be relaxed if by-product materials are effectively sheltered from wind, as in the case of below-grade disposal. Consideration must be given in planning by-product material disposal programs to methods for phased covering and reclamation of by-product material impoundments. To control dusting from diffuse sources, applicants/licensees must develop written operating procedures specifying the methods of control that will be utilized.(4) Uranium recovery facility operations producing or involving thorium by-product material must be conducted in such a manner as to provide reasonable assurance that the annual dose equivalent does not exceed 25 millirems (mrem) to the whole body, 75 mrem to the thyroid, and 25 mrem to any other organ of any member of the public as a result of exposures to the planned discharge of radioactive materials to the general environment, radon-220 and its daughters excepted.(5) By-product materials must be managed so as to conform to the applicable provisions of 40 CFR Part 440, as codified on January 1, 1983.(ee) Licensees/applicants may propose alternatives to the specific requirements in § 336.1125 of this title (relating to Financial Security Requirements), § 336.1127 of this title (relating to Long-Term Care and Maintenance Requirements), § 336.1129 of this title (relating to Technical Requirements) and § 336.1131 of this title (relating to Land Ownership of By-Product Material Disposal Sites). The alternative proposals may take into account local or regional conditions including geology, topography, hydrology, and meteorology.(ff) The agency may find that the proposed alternatives meet the agency's requirements if the alternatives will achieve a level of stabilization and containment of the sites concerned and a level of protection for the public health and safety and the environment from radiological and nonradiological hazards associated with the sites, which is equivalent to, to the extent practicable, or more stringent than the level that would be achieved by the requirements of §§ 336.1125, 336.1127, 336.1129 and 336.1131 of this title and the standards promulgated by EPA in 40 CFR Part 192, Subparts D and E.(gg) All site-specific licensing decisions based on the criteria in §§ 336.1125, 336.1127, 336.1129 and 336.1131 of this title, or alternatives proposed by licensees or applicants must take into account the risk to the public health and safety and the environment with due consideration to the economic costs involved and any other factors the agency determines to be appropriate.(hh) Any proposed alternatives to the specific requirements in §§ 336.1125, 336.1127, 336.1129 and 336.1131 of this title must meet the requirements of 10 CFR §150.31(d).(ii) No new site may be located in a 100-year floodplain or wetland as defined in "Floodplain Management Guidelines for Implementing Executive Order 11988."30 Tex. Admin. Code § 336.1129
The provisions of this §336.1129 adopted to be effective February 28, 2008, 33 TexReg 1570