(A) This rule covers the licensing of the
storage and safe isolation of licensable radioactive waste, and not disposal of
such waste as delineated in rules 3701:1-54-06 to 3701:1-54-12 of the
Administrative Code, over the term of a license prior to disposal in accordance
with Chapter 3701:1-38 of the Administrative Code, and other rules promulgated
under Chapter 3748. of the Revised Code. The requirements of this rule are in
addition to those in Chapters 3701:1-40, 3701:1-44 and 3701:1-56 of the
Administrative Code, and other rules pursuant to Chapter 3748. of the Revised
Code. The requirements of this rule apply to all generators of radioactive
waste, and those that store radioactive waste, as follows:
(1) All of the
requirements of this rule apply to an assured isolation facility (AIF) used by
more than one licensee to hold radioactive waste for storage or any radioactive
waste generator who proposes to store radioactive waste at a location other
than their currently licensed facility.
(2) Licensees that
continue to hold only their own radioactive waste beyond a five year period at
their currently licensed facility shall apply for a license to operate an AIF
and must comply with paragraphs (B), (C)(1), (C)(2), (C)(4), (C)(5), (C)(7),
(C)(9), (D)(3), (D)(4), and (E) to (N) of this rule. Licensees undergoing
license termination in accordance with rules 3701:1-38-22 and 3701:1-40-18 of
the Administrative Code, or are undergoing decommissioning under an approved
decommissioning plan in place as of the date of this rule, are exempt from the
licensing requirements of this rule.
(3) Notwithstanding the
requirements of paragraph (A)(2) of this rule, licensees that demonstrate a
need to hold their own radioactive waste beyond a five year period at their
currently licensed facility may apply for an amendment to the license under
which the waste is currently stored. The license amendment will be based on the
licensee's needs, but will not permit storage beyond a total of ten years
from the date that the waste was generated. The amendment may be approved if
the director finds that the licensee (a) provides good cause for the need for
the extension, (b) demonstrates that the waste will continue to be safely
stored during the extension, and (c) submits a planned schedule for the
disposition of the waste.
(B) The performance objectives of an AIF
are to:
(1) Protect the
environment, the general public, and workers from unnecessary exposures to
ionizing radiation.
(2) Keep radioactive
material secure from unauthorized access or removal.
(3) Protect the waste and
containers from the adverse effects of environmental conditions, including, but
not limited to, temperature, humidity, and water.
(4) Use sound engineering
designs and prudent procedural practices to maintain doses to workers and the
general public, and radionuclide releases to the environment as low as
reasonably achievable.
(5) Ensure the individual
storage containers are individually inspectable and readily
retrievable.
(C) The contents of a license application
shall provide sufficient information on the AIF, its operators, and the types
of waste held, to provide reasonable assurance that the performance objectives
will be met. As a minimum, the applicant shall do the following:
(1) Submit a license
application pursuant to Chapter 3701:1-40 of the Administrative
Code.
(2) Provide a description
of the licensed operating activities requested, including, but not limited
to:
(a) The location of the proposed site;
(b) The licensed activities involving the transportation,
storage, and handling of radioactive waste;
(c) The types, chemical and/or physical forms and quantities of
radioactive waste to be received, possessed, and stored;
(d) The proposed time schedules for construction and receipt of
radioactive waste at the proposed AIF; and
(e) The estimated maximum amount of radioactive waste to be
stored, both in terms of volume and activity, by radionuclide.
(3) Describe the site
suitability for storage of licensed radioactive materials for each of the
following categories.
(a) Describe and justify the location of the AIF in terms of land
use. Include in the description the nearby structures present, local land
usage, local populations, public facilities, local roads and
traffic.
(b) Define the characteristics of the site by identifying and
describing applicable portions of paragraph (D)(1) of this rule.
(c) Provide a description of the site radiological environmental
monitoring program to meet the criteria in paragraph (I) of this rule. Include
baseline information for the data to be collected.
(d) Provide an environmental assessment report required by
Chapter 3701:1-40 of the Administrative Code.
(4) Provide a complete
description of the AIF, including drawings, to meet the applicable criteria of
paragraphs (D) and (E) of this rule.
(5) Submit details on the
operation of the AIF covering the topics listed in paragraph (F) of this
rule.
(6) Provide a description
of the community awareness and communication program to be used.
(a) Identify the means of communication, types of information to
be provided, and when the information will be provided to:
(i) Notify the community
of the proposed operation and licensing; and
(ii) Maintain community
input on operational status, operational changes, and off-site emergency
response capacity.
(b) Identify how the effectiveness of the communications will be
monitored and ensured.
(7) Submit any applicable
decommissioning funding plan and financial assurance in accordance with Chapter
3701:1-40, Chapter 3701:1-44 or Chapter 3701:1-56 of the Administrative
Code.
(8) Submit an emergency
response plan in accordance with Chapter 3701:1-40 of the Administrative
Code.
(9) Submit the quality
assurance program used in accordance with rule 3701:1-54-04 of the
Administrative Code to ensure that the maintenance and operation of the AIF
meets the performance objectives, is consistent with the contents of the
license application, and satisfies the requirements for the receipt, handling,
emplacement and retrieval of waste in this rule.
(D) The design of an AIF shall provide
reasonable assurance that the radioactive waste will maintain its integrity and
remain isolated from the environment as intended.
(1) The overall
hydrogeologic environment of the site, in combination with engineering design,
shall act to minimize and control potential radioactive waste migration into
surface water and ground water in the event of an accidental release.
Identification and consideration of the hydrogeologic environment shall
include, but is not limited to:
(a) Upstream drainage features such as the potential for frequent
ponding and slope stability;
(b) Characteristics of nearby rivers, streams, wetlands, or other
bodies of water;
(c) Distance to, and nature of, the water table and
aquifer;
(d) Analysis of earthquake potential or other land movement and
its consequences;
(e) The proximity to creeks or culverts; and
(f) Soil types under the AIF with respect to compatibility with
the foundation and structural design.
(2) No new AIF shall be
located:
(a) In a one-hundred year flood plain or a wetland;
or
(b) In the recharge area of a sole source aquifer unless it can
be demonstrated with reasonable assurance the new AIF will be designed,
constructed, operated, and decommissioned without an unreasonable risk to the
aquifer.
(3) The AIF shall be
constructed as designed to:
(a) Safely handle and store the waste commensurate with the
characteristics of the waste;
(b) Aid in fire suppression, provide filtered air ventilation,
maintain environmental controls, and to the extent possible be constructed of
nonflammable building materials;
(c) Store waste such that each individual waste container is
readily retrievable and inspectable; and
(d) Be made of materials, and use methods, considered to ease
future decontamination and decommissioning efforts.
(4) The AIF shall include
design features to aid in keeping the radioactive waste isolated. The design
features must:
(a) Minimize water infiltration and prevent any waste container
from contact with water.
(b) Preserve the structural integrity of each waste
container.
(c) Ensure that the site drainage and slope stability preserves
the integrity of the AIF's foundation.
(d) Ensure that the AIF shall meet the standards prescribed in
ASCE/SEI 7-10 "Minimum Design Loads for Buildings and Other
Structures" (3rd printing, 2013) for a Category II facility as defined in
the standard. This publication may be purchased from the "American Society
of Civil Engineers, 1801 Alexander Bell Drive, Reston, Virginia 20191-4400,
telephone (800) 548-2723," or this publication can be viewed at "the
Bureau of Environmental Health and Radiation Protection library, 246 N. High
Street Columbus, Ohio 43215." Facilities that will have containers
exceeding a Type A Quantity of radioactive material in normal form, as defined
in Chapter 3701:1-50 of the Administrative Code, must meet the criteria for a
category III facility as defined in the standard.
(e) Minimize occupational and non-occupational
exposures.
(f) Provide for site and effluent monitoring as appropriate for
the AIF.
(g) Ensure that buildings and areas used for the storage of
radioactive wastes shall have appropriate ventilation and fire protection
systems to minimize the release of radioactive materials into the soil, water,
or atmosphere.
(h) Provide facilities and equipment for repackaging leaking or
damaged containers.
(i) Ensure that the design and operation of the radioactive waste
storage area shall be such that radiation levels, concentrations, and potential
exposures due to airborne releases during operations are within the limits
specified in Chapter 3701:1-38 of the Administrative Code and are maintained as
low as reasonably achievable (ALARA).
(j) Ensure that the design and operation of the AIF shall be
compatible with the objectives of the decommissioning funding plan for the
AIF.
(k) Ensure that the AIF shall be designed to confine spills.
Independent and diverse engineering barriers shall be provided as necessary to
minimize potential releases from the AIF.
(E) The applicant shall provide a
description of the site and accurate drawings of the AIF. The descriptions
shall address the following features, and any design features used in support
of the performance objectives:
(1) Describe the
ventilation system and how it will ensure adequate environmental controls of
the storage area, including, but not limited to, heating, cooling, and
humidity. Describe any applicable exhaust air filtration used.
(2) Describe the fire
protection and suppression system to minimize the likelihood and extent of
fire.
(3) Describe any
plumbing, pipes, and/or wiring that goes through the storage or handling
areas.
(4) Describe the physical
security of the radioactive waste areas and the AIF. Include how acts of
sabotage or deliberate attacks, and the consequences thereof, will be
minimized.
(5) Identify radioactive
waste storage areas, demonstrating where radioactive waste will be stored and
how radioactive waste containers will be accessible for routine
inspections.
(6) Describe the
locations of radioactive waste handling areas, air sampling stations, effluent
filters and any sources of flammable or explosive material.
(7) Provide a description
and accurate drawing of any required special handling equipment to be
employed.
(8) Describe the
equipment installed to maintain control over the maximum concentrations of
radioactive materials in gaseous and liquid effluents produced during normal
operation and the means employed to keep levels of radioactive material in
effluents to unrestricted areas ALARA.
(9) Describe the building
codes and standards applied to the design and construction of the
AIF.
(10) Describe the AIF
construction, including, but not limited to, the building materials and method
of construction. Submit copies of required building and zoning
permits.
(11) Describe the
activity, volume, classification and specifications of the radioactive material
to be received, possessed, and stored at the AIF.
(F) The applicant shall describe the
operations of the AIF in accordance with the radioactive waste procedures to
meet the performance objectives.
(1) Describe the
procedures to secure radioactive materials from unauthorized access and
removal, including the control of access to the AIF. Include how acts of
sabotage or deliberate attacks, and the consequences thereof, will be
minimized.
(2) The commingling of
radioactive wastes from different generators into a single waste container is
prohibited. Describe the procedures used to verify this requirement is
met.
(3) Describe the
radiation safety program for control and monitoring of radioactive effluents to
ensure compliance with the occupational radiation exposure limits, and to
control contamination of personnel, vehicles, equipment, buildings, and the
AIF. Routine operations, inadvertent releases, and accidents must be addressed.
The program description must include procedures, instrumentation, facilities,
and equipment.
(4) Submit the procedures
for receipt and acceptance of waste packages. The procedures shall include
examination of shipping documents, visual check of waste package, survey for
removable contamination and external radiation level, identification of
packages requiring remediation, corrective actions, and disposition of
unacceptable packages.
(5) Describe the program
for safe placement and inspection of waste in storage and maintaining
occupational exposures ALARA. The program should include periodic radiation and
contamination surveys of individual packages and the storage area in general,
as well as posting the storage area.
(6) Describe the system
for maintaining accurate records of radioactive materials and a current
inventory of radioactive waste.
(7) Characterize the
radioactive waste to be stored in terms of:
(a) Volume of waste by class A, B, or C as defined in rule
3701:1-54-10 of the Administrative Code; and
(b) Physical form of the waste: solid, liquid, or
gas.
(8) The AIF operator
shall describe:
(a) The packages or containers to be used for storage of
radioactive waste, any hazards the waste may pose to the packaging integrity,
and the projected storage life of the packaging or containers;
(b) The program for periodic inspections of radioactive waste
packages to ensure that they retain their integrity and containment of
radioactive waste; and
(c) The procedures and equipment used for remote handling and
repackaging damaged or leaking waste containers.
(9) Provide the following
descriptions of the equipment and procedures:
(a) Provide a flow diagram of radioactive waste receipt and
storage operations.
(b) Describe the equipment and procedures used to maintain
control over on-site exposures to and releases of radioactive material. Include
monitoring methods, containment mechanisms, accident mitigation methods and
procedures, and the corrective action process used when deviations are
discovered.
(c) Describe the spill detection equipment and cleanup plans for
the site and associated transportation of radioactive material.
(10) Provide a
description of the site radiological environmental monitoring program to meet
the criteria in paragraph (I) of this rule. Include baseline information for
the data to be collected.
(11) Provide a
description of the personnel training and retraining program.
(12) Each licensee shall
have emergency response procedures for radionuclide incidents.
(a) If an emergency response plan is required in paragraph (C)(8)
of this rule, the applicant shall provide all offsite emergency response
organizations that would respond in the event of an accident a copy of the plan
and allow sixty days to comment on the applicant's emergency response plan
prior to submitting the plan to the director.
(b) The applicant shall submit copies of any comments received
during the comment period to the director with the emergency response
plan.
(13) Describe the system
for maintaining inventory of receipt, storage, and transfer of radioactive
waste.
(14) Describe the
disposition of radioactive material and the AIF upon termination of the
license.
(G) To meet the radiation safety
requirements the following must be met:
(1) The safety manual
shall include a description of personnel monitoring methods, training and
procedures to be followed to prevent employees from ingesting or inhaling
radioactive materials, and methods to keep radiation exposures
ALARA;
(2) The operating manual
shall include procedures to protect the integrity of the waste and waste
containers during normal handling and storage conditions, and shipping
radioactive materials;
(3) An emergency response
manual shall include procedures to address likely minor and major accident
conditions, incident response command structures, and a description of
procedures for responding to emergencies, including notification of and
coordination with local fire, police and medical departments;
(4) The radiation safety
program shall incorporate the requirements of Chapters 3701:1-38 and 3701:1-40
of the Administrative Code, and include topics on the ALARA policy, radiation
safety procedures, training, ventilation systems, air sampling, contamination
control, internal exposure control and assessments, external exposure control,
and instrumentation used; and
(5) The applicant shall
describe the program for training personnel in procedures for packaging,
handling, placement, inspection, surveying and emergency response for
radioactive waste storage and transportation.
(H) Radioactive waste and materials are
to be transported, handled, and stored in a safe manner to meet the performance
objectives in paragraph (B) of this rule.
(1) Radioactive waste
shall contain only class A, B, or C waste, determined by radionuclide activity
and concentration, as provided in rule 3701:1-54-10 of the Administrative
Code.
(2) Radioactive waste
shall meet the waste characteristics of rule 3701:1-54-10 of the Administrative
Code.
(3) No individual waste
container dose rate shall exceed one-tenth mSv/hr (ten mrem/hr) at one meter or
two mSv/hr (two hundred mrem/hr) on the surface.
(4) The radioactive waste
shall be secured from unauthorized access and removal by individuals, and
maintained to prevent unintentional releases to the environment.
(I) A radiological environmental
monitoring program shall be developed and used to measure and monitor
radionuclides in all pathways to individuals and the general public from
licensed radiological operations. All applicants shall:
(1) Describe the
environmental monitoring program to provide data to evaluate potential health
and environmental impacts in support of the performance
objectives.
(2) Describe the action
levels of radionuclides in the environment that will initiate an investigation
or corrective action.
(3) Describe the plan for
additional monitoring in the event of an unintentional release of
radionuclides.
(J) Records and reports shall be
developed and maintained in accordance with Chapters 3701:1-38, 3701:1-40, and
other chapters of the Administrative Code promulgated pursuant to Chapter 3748.
of the Revised Code, and the following:
(1) The licensee shall
prepare and send statements to each generator of their own waste status,
including but not limited to volume, radionuclides, activity, waste container
condition, regarding prior year inventory balances, additions and withdrawals
of waste from the AIF, and final inventory balance. Both the licensee and the
generator shall retain copies of these reports for three years.
(2) The licensee shall
prepare and send an annual summary report to the director and publish a local
notice of the report's availability to the public. The report shall
include, at a minimum, a summary of waste in the AIF (prior year inventory
balances, additions, withdrawals, and final balances), capacity utilization
(volume and radionuclide license limits), incidents, environmental monitoring
results, radionuclide releases to the environment, and a fiscal annual report.
The licensee shall retain copies of these reports until the license has been
terminated.
(3) The annual report to
the generators and the annual summary report shall be completed and submitted
to the director within sixty days after the end of the calendar
year.
(K) The institutional requirements
include:
(1) The radioactive
materials will remain under active licensee control throughout the term of the
license so that the licensee performs an environmental monitoring program,
maintains surveillance and custodial care of the radioactive materials and the
facility, and satisfies other requirements as determined by the
director.
(2) The generator of the
radioactive waste shall retain title to the waste.
(3) The generator is
responsible for the radioactive waste as shipped, including but not limited to
the original containers and contents delivered, waste form, and radionuclide
identification and quantification. The AIF operator is responsible for the
waste handling and storage conditions after acceptance of the waste until its
ultimate disposition.
(4) Each generator shall
issue an irrevocable trust to the AIF operator to cover the cost of disposal in
the event that the generator becomes bankrupt. The AIF operator must submit a
copy of each trust agreement to the director. Each trust shall be reviewed and
updated every five years.
(L) Financial assurance, decommissioning,
and license termination requirements include:
(1) The licensee shall
meet the applicable financial assurance and decommissioning requirements for
unrestricted release in rules 3701:1-38-22 and 3701:1-40-17 of the
Administrative Code.
(2) The AIF shall return
radioactive materials to the generator or generator's designee upon the
AIF's failure to renew a license or prior to license
termination.
(3) In the event that the
AIF cannot meet the financial assurance requirements as determined by the
director, the waste held must be returned to the generators or their designees
within ninety days after determination that the licensee financial assurance
cannot be met.
(M) The limitations placed on an AIF
include:
(1) Each license will
place limitations on the aggregate radioactive waste volume as well as
radionuclide quantities.
(2) An AIF license shall
be renewed in accordance with Chapter 3701:1-40 of the Administrative Code.
During the license renewal process, an existing licensed AIF shall verify
compliance with the originally licensed structural design for the originally
licensed usage. Any changes from the originally licensed usage or structural
design will require a reevaluation of the entire AIF based on current
standards.
(3) All users of the AIF
shall contractually agree to the return of the radioactive waste to the
generator, or transfer to the generator's designee licensed to receive
such waste, at the end of the radioactive material storage, which may not
exceed one hundred years from the time of the receipt of the
waste.
(N) Commencement of construction prior to
the director issuing a license or renewal for the AIF is at the economic risk
of the applicant.