Section 0400-20-11-.08 - CONTENT OF APPLICATION(1) An application to receive from others, possess and dispose of wastes containing or contaminated with radioactive material by land disposal must consist of general information, specific technical information, institutional information, and financial information, as set forth in this Chapter and Chapter 0400-20-10. An environmental report must accompany the application. .(2) General information must include: (a) Identity of the applicant including: 1. The full name, address, telephone number and description of the business or occupation of the applicant;2. If the applicant is a partnership, the name and address of each partner and the principal location where the partnership does business;3. If the applicant is a corporation or an unincorporated association, (i) the state where it is incorporated or organized and the principal location where it does business, and(ii) the names and addresses of its directors and principal officers; and4. If the applicant is acting as an agent or representative of another person in filing the application, all information required under this paragraph must be supplied with respect to the other person.(b) Qualifications of the applicant:1. The organizational structure of the applicant, both offsite and onsite, including a description of lines of authority and assignments of responsibilities, whether in the form of administrative directives, contract provisions or otherwise;2. The technical qualifications, including training and experience, of the applicant and members of the applicant's staff to engage in the proposed activities. Minimum training and experience requirements for personnel filling key positions described in part 1 of this subparagraph must be provided;3. A description of the applicant's personnel training program; and4. The plan to maintain an adequate complement of trained personnel to carry out waste receipt, handling, and disposal operations in a safe manner.(c) A description of: 1. The location of the proposed disposal site;2. The general character of the proposed activities;3. The types and quantities of radioactive waste to be received, possessed and disposed of;4. Plans for use of the land disposal facility for purposes other than disposal of radioactive wastes; and5. The proposed facilities and equipment.(d) Proposed schedules for construction, receipt of waste and first emplacement of waste at the proposed land disposal facility.(3) Specific technical information.(a) The specific technical information must include the following information needed for demonstration that the performance objectives and the applicable technical requirements of this Chapter will be met:1. A description of the natural and demographic disposal site characteristics as determined by disposal site selection and characterization activities. The description must include geologic, geotechnical, hydrologic, meteorologic, climatologic and biotic features of the disposal site and vicinity.2. A description of the design features of the land disposal facility and the disposal units. The description must include those design features related to infiltration of water; integrity of covers for disposal units; structural stability of backfill, wastes and covers; contact of wastes with standing water; disposal site drainage; disposal site closure and stabilization; elimination to the extent practicable of long-term disposal site maintenance; inadvertent intrusion; occupational exposures; disposal site monitoring; and adequacy of the size of the buffer zone for monitoring and potential mitigative measures.3. A description of the principal design criteria and their relationship to the performance objectives.4. A description of the design basis natural events or phenomena and their relationship to the principal design criteria.5. A description of codes and standards which the applicant has applied to the design and which will apply to construction of the land disposal facilities.6. A description of the construction and operation of the land disposal facility. The description must include as a minimum the methods of construction of disposal units; waste emplacement; the procedures for and areas of waste segregation; types of intruder barriers; onsite traffic and drainage systems; survey control program; methods and area of waste storage; and methods to control surface water and ground water access to the wastes. The description must also include a description of the methods to be employed in the handling and disposal of wastes containing chelating agents or other nonradiological substances that might affect meeting the performance objectives in this Chapter.7. A description of the disposal site closure plan, including those design features which are intended to facilitate disposal site closure and to eliminate the need for ongoing active maintenance.8. An identification of the known natural resources at the disposal site, the exploitation of which could result in inadvertent intrusion into the low-level wastes after removal of active institutional control.9. A description of the kind, amount, classification and specifications of the radioactive material proposed to be received, possessed and disposed of at the land disposal facility.10. A description of the quality control program, developed and applied by the applicant to: (i) The determination of the natural characteristics of the disposal site ,(ii) The design, construction, operation and closure of the land disposal facility; and the receipt, handling, and emplacement of waste.(iii) Audits and managerial controls must be included.11. A description of the radiation safety program for control and monitoring of radioactive effluents to ensure compliance with the performance objectives of this Chapter and occupational radiation exposure to ensure compliance with the requirements of Chapter 0400-20-05 and to control contamination of personnel, vehicles, equipment, buildings and the disposal site. Both routine operations and accidents must be addressed. The program description must include procedures, instrumentation, facilities and equipment.12. A description of the environmental monitoring program to provide data to evaluate potential health and environmental impacts and the plan for taking corrective measures if migration of radionuclides is indicated.13. A description of the administrative procedures that the applicant will apply to control activities at the land disposal facility.(b) The specific technical information must also include the following analyses needed to demonstrate that the performance objectives of this Chapter will be met:1. Pathways analyzed in demonstrating protection of the general population from releases of radioactivity must include air, soil, groundwater, surface water, plant uptake and exhumation by burrowing animals. The analyses must clearly identify and differentiate between the roles performed by the natural disposal site characteristics and design features in isolating and segregating the wastes. The analyses must clearly demonstrate that there is reasonable assurance that the exposures to humans from the release of radioactivity will not exceed the limits set forth in this Chapter.2. Analyses of the protection of individuals from inadvertent intrusion must include demonstration that there is reasonable assurance the waste classification and segregation requirements will be met and that barriers to inadvertent intrusion will be provided.3. Analyses of the protection of individuals during operations must include assessments of expected exposures due to routine operations and accidents during handling, storage and disposal of waste. The analyses must provide assurance that exposures will be controlled to meet the requirements of Chapter 0400-20-05.4. Analyses of the long-term stability of the disposal site and the need for ongoing active maintenance after closure must be based upon analyses of active natural processes such as erosion, mass wasting, slope failure, settlement of wastes and backfill, infiltration through covers over disposal areas and adjacent soils, and surface drainage of the disposal site. The analyses must provide assurance that there will not be a need for ongoing active maintenance of the disposal site following closure.(4) Institutional information must include: . (a) A certification by the Federal or State government which owns the disposal site that the Federal or State government is prepared to accept transfer of the license or assume management control if it is the Federal government when the provisions of Rule 0400-20-11-.14 are met, and will assume responsibility for custodial care after site closure and postclosure observation and maintenance.(b) Where the proposed disposal site is on land not owned by the Federal or a State government, the applicant must submit evidence that arrangements have been made for assumption of ownership in fee by the Federal or State government before the Department issues a license.(5) Financial information must be submitted to demonstrate that the financial qualifications of the applicant are adequate to carry out the activities for which the license is sought and meet other financial assurance requirements as specified in Chapter 0400-20-10.(6) Depending upon the nature of the wastes to be disposed of and the design and proposed operation of the land disposal facility, additional information may be requested by the Department.(7) An application for a license under this Chapter and any amendments thereto shall be filed with the Division of Radiological Health, signed by the applicant and must consist of 1 signed original and 2 copies.(8) Other copies of the application and environmental report must be retained by the applicant for distribution in accordance with written instructions from the Director, Division of Radiological Health.(9) The application and environmental report must be as complete as possible based on the information that is available at the time of submittal.(10) The applicant shall supplement its application or environmental report in a timely manner, as necessary, to permit the Department to review, prior to issuance of a license, any changes in the activities proposed to be carried out or new information regarding the proposed activities.Tenn. Comp. R. & Regs. 0400-20-11-.08
Original rule filed February 22, 2012; effective May 22, 2012.Authority: T.C.A. §§ 68-202-101 et seq., 68-202-201 et seq., and 4-5-201 et seq.