410 IAC 5-3-12.5 - Specific licenses for source material milling
Authority: IC 16-41-35-26; IC 16-41-35-29
Affected: IC 16-41-35
Sec. 12.5.
In addition to the requirements set forth in 410 IAC 5-3-9, a specific license for source material milling will be issued if the applicant submits to the board a satisfactory application as described herein and meets the other conditions specified below:
(a) An application for a license to receive
title to, receive, possess, and use source material for milling or byproduct
material as defined in
410 IAC 5-1-2 shall
address the following:
(1) Description of the
proposed project or action;
(2)
Area/site characteristics including geology, topography, hydrology, and
meteorology;
(3) Radiological and
nonradiological impacts of the proposed project or action, including waterway
and groundwater impacts;
(4)
Environmental effects of accidents;
(5) Long-term impacts including
decommissioning, decontamination, and reclamation; and
(6) Site and project alternatives.
(b) Pursuant to
410
IAC 5-3-10(e), the applicant shall
not commence construction of the project until the board has weighed the
environmental, economic, technical, and other benefits against the
environmental costs and has concluded that the issuance of the license is
appropriate.
(c) At least 1 full
year prior to any major site construction, a preoperational monitoring program
shall be conducted to provide complete baseline data on a milling site and its
environs. Throughout the construction and operating phases of the mill, an
operational monitoring program shall be conducted to measure or evaluate
compliance with applicable standards and regulations; to evaluate performance
of control systems and procedures; to evaluate environmental impacts of
operation; and to detect potential long-term effects.
(d) Prior to issuance of the license, the
applicant shall establish financial surety arrangements consistent with the
requirements of
410
IAC 5-3-10(f).
(1) The amount of funds to be ensured by
financial surety arrangements shall be based on board-approved cost estimates
in an approved plan for decontamination and decommissioning of mill buildings
and the milling site to levels which would allow unrestricted use of these
areas upon decommissioning, and the reclamation of tailings and/or waste
disposal areas. The licensee shall submit this plan in conjunction with an
environmental report that addresses the expected environmental impacts of the
milling operation, decommissioning and tailings reclamation, and that evaluates
alternatives for mitigating these impacts. In establishing specific surety
arrangements, the licensee's cost estimates shall take into account total costs
that would be incurred if an independent contractor were hired to perform the
decommissioning and reclamation work. In order to avoid unnecessary duplication
and expense, the board may accept financial sureties that have been
consolidated with financial surety arrangements established to meet
requirements of other federal or state agencies and/or local governing bodies
for such decommissioning, decontamination, reclamation, and long-term site
surveillance, provided such arrangements are considered adequate to satisfy
these requirements and that portion of the surety which covers the
decommissioning and reclamation of the mill, mill tailings site and associated
areas, and the long-term funding charge are clearly identified. The licensee's
surety mechanism will be reviewed annually by the board to assure that
sufficient funds will be available for completion of the reclamation plan if
the work had to be performed by an independent contractor. The amount of surety
liability should be adjusted to recognize any increases or decreases resulting
from inflation, changes in engineering plans, activities performed, and any
other conditions affecting costs. Regardless of whether reclamation is phased
through the life of the operation or takes place at the end of operations, an
appropriate portion of surety liability shall be retained until final
compliance with the reclamation plan is determined. This will yield a surety
that is at least sufficient at all times to cover the costs of decommissioning,
decontamination, and reclamation of the areas that are expected to be disturbed
before the next license renewal. The term of the surety mechanism must be open
ended, unless it can be demonstrated that another arrangement would provide an
equivalent level of assurance. This assurance could be provided with a surety
instrument which is written for a specified period of time (e.g., 5 years)
which must be automatically renewed unless the surety agent notifies the
beneficiary (the state regulatory agency) and the principal (the licensee) some
reasonable time (e.g., 90 days) prior to the renewal date of their intention
not to renew. In such a situation, the surety requirement still exists and the
licensee would be required to submit an acceptable replacement surety within a
brief period of time to allow at least 60 days for the regulatory agency to
collect.
(2) The total amount of
funds for reclamation or long-term surveillance and control shall be
transferred to the United States if title and custody of such material and its
disposal site is transferred to the United States upon termination of a
license. Such funds include, but are not limited to, sums collected for
long-term surveillance and control. Such funds do not, however, include monies
held as surety where no default has occurred, and the reclamation or other
bonded activity has been performed.
(e) The applicant shall provide procedures
describing the means employed to meet the following requirements during the
operational phase of any project.
(1) Milling
operations shall be conducted so that all effluent releases are below the
limits of 410 IAC 5-4 and are as low as is reasonably achievable.
(2) The mill operator shall conduct daily
inspection of any tailings or waste retention systems. Such inspections shall
be conducted by a qualified engineer or scientist. Records of such inspections
shall be maintained for review by the board.
(3) The mill operator shall immediately
notify the board of the following:
(i) Any
failure in a tailings or waste retention system which results in a release of
tailings or waste into unrestricted areas, and
(ii) Any unusual conditions or conditions not
contemplated in the design of the retention system which, if not corrected,
could lead to failure of the system and result in a release of tailings or
waste into unrestricted areas.
(f) Continued Surveillance Requirements for
Source Material Mills Having Reclaimed Residues.
(1) The final disposition of tailings or
wastes at source material milling sites should be such that the need for
ongoing active maintenance is not necessary to preserve isolation. As a
minimum, annual site inspections shall be conducted by the government agency
retaining ultimate custody of the site where tailings or wastes are stored to
confirm the integrity of the stabilized tailings or waste systems and to
determine the need, if any, for maintenance and/or monitoring. Results of the
inspection shall be reported to the U.S. Nuclear Regulatory Commission within
60 days following each inspection. The U.S. Nuclear Regulatory Commission may
require more frequent site inspections, if, on the basis of a site-specific
evaluation, such a need appears necessary due to the features of a particular
tailings or waste disposal system.
(2) A minimum charge of $250,000 in 1978
dollars to cover the costs of long-term surveillance shall be paid by each mill
operator to the board prior to the termination of a uranium or thorium mill
license. If site surveillance or control requirements at a particular site are
determined, on the basis of a site-specific evaluation, to be significantly
greater than those specified in
410
IAC 5-3-13(f)(1), additional funding
requirements may be specified by the board. The total charge to cover the costs
of long-term surveillance shall be such that, with an assumed 1 percent annual
real interest rate, the collected funds will yield interest in the amount
sufficient to cover the annual costs of site surveillance. The charge will be
reviewed annually to recognize or adjust for inflation.
Notes
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