La. Admin. Code tit. 33 § XV-1412

Current through Register Vol. 50, No. 9, September 20, 2024

Section XV-1412 - Treatment, Transfer, and Disposal

A. Each person subject to the general license requirements in LAC 33:XV.1408 or 1409 or subject to a specific license shall manage, treat or dispose of wastes containing NORM in accordance with:

1. any applicable requirement of LAC 33:XV.Chapter 4; and

2. any applicable requirement of the U.S. Environmental Protection Agency for disposal of such wastes.

B. Treatment or disposal of NORM waste shall be in accordance with one of the following:

1. by transfer of the wastes to a land disposal facility licensed by the department, the U.S. Nuclear Regulatory Commission, an agreement state, or a licensing state;

2. by alternate methods authorized by the department in writing upon application or upon the department's initiative. The application for alternative methods of disposal shall be submitted to the department for approval;

3. for nonhazardous oilfield waste containing NORM at concentrations not exceeding 30 picocuries per gram of radium-226 or radium-228 by transfer to a nonhazardous oilfield waste commercial facility regulated by the Department of Natural Resources for treatment if the following are met:

a. dilution in the end product after treatment does not exceed 5 picocuries per gram above background of radium-226 or radium-228;

b. the nonhazardous oilfield waste commercial facility has a program for screening incoming shipments to ensure that the 30 picocuries per gram limit of radium-226 or radium-228 is not exceeded; and

c. the Department of Natural Resources (DNR) approves; or

4. for nonhazardous oilfield waste containing concentrations of NORM in excess of the limits in LAC 33:XV.1404.A.1, but not exceeding 200 picocuries per gram of radium-226 or radium-228 and daughter products, by treatment at nonhazardous oilfield waste commercial facilities specifically licensed by the department for such purposes. Regulation of such sites is set forth in a memorandum of understanding between the department and DNR and contained in LAC 33:XV.1499.Appendix C.

C. Intrastate transfers of waste containing NORM for disposal shall be made only to persons authorized by the department in writing to receive such waste. It is the responsibility of the transferor to ascertain that the recipient possesses specific authorization prior to transfer.

D. The melting of scrap metal may be authorized by a specific license if the dilution of the NORM in the end products or melt byproducts is sufficient to reduce the concentrations of radium-226 or radium-228 to less than 5 picocuries per gram.

E. Notifications

1. The disposal facility shall notify the department if a shipment is rejected, based on rejection procedures approved by the department during application process, after its occurrence becomes known to the licensee. Notification shall be made by telephone at (225) 765-0160 in accordance with LAC 33:I.3923. Within 30 days after making the telephone report, make a written report to the Office of Environmental Compliance using the procedures provided in LAC 33:I.3925.B.

La. Admin. Code tit. 33, § XV-1412

Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Radiation Protection Division, LR 18:606 (June 1992), amended LR 21:27 (January 1995), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2600 (November 2000), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 481807 (7/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq. and 2104.B.