N.Y. Comp. Codes R. & Regs. tit. 6 § 383-6.9

Current through Register Vol. 46, No. 25, June 18, 2024

Section 383-6.9 - Coverage requirements for remediation of failures

(a) Proposed coverage requirements. The applicant must submit as part of a complete permit application proposed levels of coverage for the costs of remediation of failures during the operation, closure, post-closure, and institutional control periods.

(1) The applicant must provide the following documentation:

(i) the methodologies employed and a detailed explanation of the rationale used to select the proposed levels;

(ii) an evaluation of the potential for remediation costs as a result of operation of the land disposal facility including an analysis of the probability and magnitude of these costs and the likelihood of exceedence of the proposed costs; and

(iii) evidence that the proposed levels reflect the most recent cost data available, adjusted for inflation, where appropriate.

(2) The applicant's evaluation of the potential costs for remediation of failures must consider:

(i) an analysis of the land disposal facility location including natural site characteristics such as the geologic, geotechnical, hydrologic, meteorologic, climatologic and biotic features of the land disposal facility location and vicinity;

(ii) an analysis of the demographic site characteristics including population distribution, sensitive areas (including but not limited to hospitals, parks, and schools), and existing and potential land use in the vicinity of the land disposal facility;

(iii) the disposal technology including the final design plans and specifications of the land disposal facility;

(iv) the types and concentrations of radionuclides and the quantities of waste to be located at the land disposal facility;

(v) an analysis of probability and consequences of accidental scenarios including but not limited to, explosion, fire, vehicular accidents, and processing accidents, which may result in remediation costs;

(vi) an analysis of major natural phenomena which may result in remediation costs;

(vii) an analysis of impacts due to inadvertent intrusion; and

(viii) the proposed time period of operations.

(3) The applicant's evaluation of the potential costs for remediation of failures must rely upon:

(i) location-specific and disposal technology-specific performance assessment modelling;

(ii) location-specific and disposal technology-specific dose assessment modelling;

(iii) risk assessment of the major events or phenomena which may affect cost;

(iv) as assessment of expected radiological exposures and doses due to potential accidents or major events or phenomena or waste processing during the land disposal facility life;

(v) an assessment of the potential health effects (including stochastic and nonstochastic effects) resulting from such exposures and doses which must reflect current data concerning the biological effects of ionizing radiation; and

(iv) computer-based mathematical models. The applicant must submit detailed explanations of all calculations performed and details of all models used, including all assumptions and algorithms to the satisfaction of the department.

(4) The applicant must demonstrate to the satisfaction of the department that the coverage levels reflect due consideration of: the sizes and locations of affected facilities; the nature and volume of the low-level radioactive waste involved; the types of facilities and the degrees and durations of risk to human health and the environment; and the protection of public health and safety and the environment.

(b) Coverage requirements during the operation, closure, and post-closure period. Every applicant or permittee must establish and maintain financial assurance as required by section 383-6.3(a)(3) of this Subpart in at least the amount of coverage approved by the commissioner pursuant to subdivision (a) of this section to ensure the remediation of failures during the operation, closure, and post-closure periods of the land disposal facility. Every applicant and permittee must submit proof of such financial assurance to the department as required by section 383-6.3(b)(3) and (d) of this Subpart.

(c) Coverage requirements during the institutional control period. Every applicant or permittee must establish and maintain financial assurance as required by section 383-6.3(a)(3) of this Subpart in at least the amount of coverage approved by the commissioner pursuant to subdivision (a) of this section to ensure the remediation of failures during the institutional control period of the land disposal facility. Every applicant or permittee must submit proof of such financial assurance to the department as required by section 383- 6.3(b)(4) and (d) of this Subpart.

(d) Requirements for reassessing degree and duration of risk.

(1) During the operation, closure, and post-closure periods of the land disposal facility the permittee must notify the department of any circumstances or events which may impact financial assurance coverage levels. Within 30 days of the discovery of such circumstance or occurrence of such event, the permittee must submit to the department, in writing, an assessment and report of any changes in the degree and duration of risk to human health and the environment created by the circumstance or event.

(2) The department may require the permittee to submit any additional information necessary to determine if the amount of financial assurance required for remediation of failures must be adjusted as a result of the circumstance or event.

(e) Adjusting the coverage requirements.

(1) During the pre-closure period of the land disposal facility, the department may adjust the amount of financial assurance the permittee must provide for remediation of failures if the amount of financial assurance required by subdivision (b) or (c) of this section does not reflect the current degree and duration of risk to human health and the environment presented by the land disposal facility.

(2) During the pre-closure period the department may adjust the amount of financial assurance required for remediation of failures to account for inflation.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 383-6.9