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Subpart 380.3: Permits For Discharge and Disposal Of Radioactive Material To The Environment

(Statutory authority : Environmental Conservation Law, arts. 1, 3, 17, 19, 27, 29, 37)

[Effective February 2, 2002]

[page 1 of 1]

Contents:

Sec.

§380-3.1 Permit application requirements.

Except as otherwise specifically provided in this Part, any person who discharges licensed material into the air or water or disposes of radioactive material subject to this Part to the environment must obtain a permit issued pursuant to this Part. Such permits apply to the radioactive material contained in the discharge or the material to be disposed of.

§380-3.2 Contents of complete application for permit to discharge licensed material to the air or water.

(a) An application for a permit must satisfy the general requirements for complete applications contained in Part 621 of this Title. An application must also satisfy the information requirements in Part 201 for air discharges or Parts 750-758 for discharges to water where permits are required pursuant to these parts, in addition to the general requirements under Part 621.

(b) A complete application for a permit must contain information which thoroughly describes the proposed radioactive materials use, handling, and discharge procedures. The submitted information must describe the proposed operations in sufficient detail to:

(1) Enable the department to assess the nature and extent of any potential environmental impact; and

(2) Demonstrate that the proposed discharge of licensed material will comply with the requirements of this Part; and

(3) Provide adequate justification for the proposed discharge of licensed material to the environment.

(c) A complete application for a permit must contain the following:

(1) An identification of each point of discharge and the effluent rate through each discharge point; and

(2) An identification of all radionuclides to be discharged, and an estimate of the total activity and average concentration of each radionuclide in the effluent through each discharge point in one year; and

(3) A description of the discharge treatment systems, if any, that will be used to minimize the radionuclides in the effluent, how such systems will be maintained, and how wastes produced during treatment will be disposed of; and

(4) If a discharge treatment system will be used, an estimate of the total annual activity and average annual concentration of each radionuclide in the effluent both before and after treatment; and

(5) Analysis and procedures to ensure that doses are maintained ALARA and within the dose limits in section 380-5.1 of this Part; and (6) The identification and signatures of the radiation safety officer and the managerial agent(s).

§380-3.3 Terms of Permits.

Permits issued pursuant to this Part shall be issued for a term not to exceed five years from the date of issuance unless renewed, suspended, revoked, or terminated by the department.

§380-3.4 Exemption.

Exhaust systems which discharge licensed material to air that meet each of the following criteria are exempt from having to obtain a permit pursuant to this Part:

(a) The annual average concentration of radionuclides in the effluent at the point of discharge is less than ten percent of the radionuclide concentrations listed in Table II, Column 1 of Subpart 380-11 of this Part.

(b) If more than one radionuclide is released at the point of discharge, the following conditions must be satisfied:

(1) The fraction of the limits in Table II, Column 1 of Subpart 380-11 of this Part represented by effluents to air shall be determined by dividing the actual average annual concentration of each radionuclide discharged by the concentration of that radionuclide listed in Table II, Column 1 of Subpart 380-11 of this Part; and

(2) The sum of the fractions for each radionuclide required by paragraph (b)(1) of this section does not exceed ten percent of unity.

(c) The concentration of each radionuclide in the effluent meets the concentration limits in subdivisions (a) and (b) of this section without relying on effluent treatment.

§380-3.5 Variances.

(a) Unless otherwise precluded by law, the department may, upon written application from any person who is subject to this Part, grant a variance from one or more specific provisions of this Part under the conditions set forth in this section.

(b) Every application for a variance must:

(1) Be submitted to the Department in writing; and

(2) Be submitted in conjunction with an application for a permit, where a permit is also required pursuant to this Part; and

(3) Identify the specific provisions of this Part from which a variance is sought; and

(4) Demonstrate that compliance with the identified provisions would, on the basis of conditions unique to the person's particular situation, tend to impose an unreasonable economic, technological, or safety burden on the person or the public; and

(5) Demonstrate that the proposed activity will have no significant adverse impact on the public health and safety and the environment, will be consistent with the provisions of the ECL, and will meet all other provisions of this Part.

(c) An application for a permit, for approval of proposed procedures to discharge or dispose of radioactive material subject to this Part not otherwise authorized by Subpart 380-4 of this Part, must also meet the following:

(1) The application must satisfy the general requirements for complete applications contained in Part 621 of this Title; and

(2) The application must include all information required in paragraph (b) of section 380-3.2 of this Part; and

(3) The application must include:

(i) A description of the waste containing radioactive material to be disposed of, including the physical and chemical properties relevant to risk evaluation, and the proposed manner and conditions of waste disposal; and

(ii) An analysis and evaluation of pertinent information on the nature of the environment; and

(iii) The nature and location of other potentially affected licensed and unlicensed facilities; and

(iv) Analyses and procedures to ensure that doses are maintained ALARA and within the dose limits in section 380-5.1 of this Part.

(d) In granting any variance under this section, the department may impose specific conditions necessary to assure that the subject activity will have no significant adverse impact on the public health and safety and the environment.

§380-3.6 Treatment or disposal by incineration.

Licensed material may be treated or disposed of by incineration only in the amounts and forms specified in section 380-4.3 of this Part or as specifically approved by the department pursuant to section 380-3.5 of this subpart. Applications for permits to incinerate licensed material must be submitted in accordance with section 380-3.2 of this subpart.