§ 236.1. Purpose and scope.

 (a)  This chapter establishes procedures, criteria and terms and conditions upon which the Department issues a license for the disposal of low-level radioactive wastes received from other persons. The requirements of this chapter are in addition to other applicable requirements of this article.

 (b)  This chapter establishes performance objectives, and technical and procedural requirements which are applicable to any method of disposal except shallow land burial, as defined in §  236.2 (relating to definitions).

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Account—The Long Term Care Account.

   Act—The Low-Level Radioactive Waste Disposal Act (35 P. S. § §  7130.101—7130.905).

   Active fault—A fault along which there is recurrent movement that is demonstrated by measurable periodic displacements or seismic activity.

   Active institutional control period—See the definition of time periods.

   Active maintenance—Significant activity needed during the long term care period to maintain reasonable assurance that the performance objectives in this subchapter are met. The term includes major remedial actions such as replacement of disposal unit covers. The term does not include custodial activities, such as repair of fencing, repair or replacement of monitoring equipment, revegetation, minor repair of disposal unit covers and general disposal site upkeep such as mowing grass.

   Affected municipality—A unit of local government other than the host municipality designated as an affected municipality under section 318 of the act (35 P. S. §  7130.318). The term may include a county, city, borough, township or school district.

   Broker—An intermediate person who collects, consolidates, handles, treats, processes, stores, packages, ships or otherwise has responsibility for or possesses low-level radioactive waste.

   Buffer zone—A portion of the disposal site that is controlled by the licensee and that lies under the disposal units and between the disposal units and the boundary of the site.

   Capable fault—A fault which exhibited movement at or near the ground surface within the past 35,000 years.

   Carrier—A person who transports low-level radioactive waste from or to a generator or waste management facility or to the regional disposal facility.

   Chelating agent—An organic chemical that bonds with a central metal atom or ion at two or more points such as amine polycarboxylic acids, hydroxycarboxylic acids, gluconic acids and polycarboxylic acids.

   Commencement of construction—Clearing of land, excavation or other substantial action that would adversely affect the environment of the disposal facility. The term does not include disposal site exploration, necessary roads for disposal site exploration, borings to determine foundation conditions or other preconstruction monitoring or testing to establish background information related to the suitability of the disposal site or the protection of environmental values.

   Commission—The Appalachian States Low-Level Radioactive Waste Commission.

   Compact—The Compact entered into by the Commonwealth under the terms of the Low-Level Radioactive Waste Policy Act of 1980 (42 U.S.C.A. § §  2021b—2021j) and as contained in the act of December 22, 1985 (P. L. 539, No. 120), known as the Appalachian State Low-Level Radioactive Waste Compact Law (35 P. S. § §  7125.1—7125.4).

   Compact states—The combined states, including the Commonwealth, which have entered into the Compact.

   Container—The first enclosure which encompasses the radioactive waste.

   Containment—The function of isolating radioactive waste from the biosphere by emplacement of the waste within a container, waste module or disposal unit.

   Custodial agency—An agency of the government designated by the Governor to act on behalf of the government owner of the disposal site. The agency is responsible for the long term monitoring and care of the disposal site. The term does not include the Department.

   Disposal—The isolation of low-level radioactive wastes from the biosphere.

   Disposal facility—The buildings, equipment and other engineered features, including disposal units and temporary holding facilities, within the disposal site which are used for the disposal of low-level radioactive waste.

   Disposal site—The property, including improvements thereon, which is used for disposal of low-level radioactive waste. The term consists of the disposal units and the buffer zone.

   Disposal Unit—A discrete portion of the disposal site into which waste is placed for disposal.

   Disqualifying criteria—Conditions which would eliminate an area from further consideration for disposal.

   Engineered barrier—A manmade structure or device that is intended to improve the disposal facility’s ability to meet the performance objectives in this chapter.

   Engineered cover—A manmade structure constructed over the disposal facility.

   Engineered structure—A manmade state-of-the-art barrier designed to:

     (i)   Provide additional measures for containment of radioactive waste from the environment.

     (ii)   Provide protection for an inadvertent intruder.

     (iii)   Provide stability of the disposal facility.

     (iv)   Prevent radioactive release.

   Enhanced containment—Additional isolation of the radioactive waste from the environment as provided by engineered structures.

   Explosive material—A chemical compound, mixture or device which produces a substantial instantaneous release of gas and heat spontaneously or by contact with sparks or flame.

   Fund—The Low-Level Waste Fund.

   Generate—To produce low-level radioactive waste requiring disposal.

   Generator—A person whose activity results in the production of low-level radioactive waste requiring disposal.

   Groundwater—The part of the subsurface water that is in the zone of saturation, perennial or otherwise.

   Hazardous life—The time required for radioactive materials to decay to safe levels of radioactivity, as defined by the time period for the concentration of radioactive materials within a given container or package to decay to maximum permissible concentrations as defined by Federal law or by standards to be set by the host state, whichever is more restrictive.

   Hazardous wastes—Wastes as defined in section 103 of the Solid Waste Management Act (35 P. S. §  6018.103) and regulations thereunder.

   Host municipality—A city, borough, incorporated town or township, excluding a county, in which the low-level waste disposal facility will be constructed, as designated by the Department under section 318 of the act (35 P. S. §  7130.318).

   Inadvertent intruder—A person who might occupy the disposal site after closure and engage in normal activities, such as agriculture, dwelling construction or other pursuits in which an individual might be unknowingly exposed to radiation from the waste.

   Intruder barrier—A manmade structure or sufficient depth of cover over the waste that inhibits contact with waste and helps to ensure that radiation exposures to an inadvertent intruder will meet the requirements under §  236.320 (relating to protection from inadvertent intruders) and the performance objectives in this subchapter.

   Isolation—Protection of the public and the environment from inadvertent intrusion or direct release of radioactive material from the disposal site.

   Leak resistance—The material properties of the disposal facility design which retard or prevent migration of water.

   Long term care period—See the definition of time periods.

   Low-level radioactive waste—Radioactive waste that meets one of the following criteria:

     (i)   Is not high-level radioactive waste, spent nuclear fuel or by-product material as defined in section 11(e)(2) of the Atomic Energy Act of 1954 (42 U.S.C.A. §  2014(e)(2)), waste generated as a result of atomic energy defense activities of the Federal government and waste for which the Federal government is responsible under section 3(b)(1) of the Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C.A. §  2021c(b)(1)).

     (ii)   Is classified by the Federal government as low-level waste, consistent with the Low-Level Radioactive Waste Policy Amendments Act of 1985 or waste that contains naturally occurring or accelerator produced radioactive material which is not excluded by subparagraph (i).

   Management—The reduction, collection, consolidation, storage, processing, incineration, separation, minimization, compaction, segregation, solidification, evaporation, packaging or treatment of low-level radioactive waste.

   Mixed waste—Waste that is low-level radioactive waste, as defined in this subchapter, and either contains a hazardous waste or exhibits a hazardous characteristic as contained in the Solid Waste Management Act (35 P. S. § §  6018.101—6018.1003).

   Monitoring—Observing and making measurements to provide data to evaluate the performance and characteristics of the disposal site.

   Municipality—A county, city, borough, home rule or incorporated town or township as defined in 1 Pa.C.S. §  1991 (relating to definitions).

   Passive institutional control period—See the definition of time periods.

   Person—Includes the following:

     (i)   The definition contained in §  215.2 (relating to definitions).

     (ii)   An individual, corporation, partnership, association, public or private institution, cooperative enterprise, municipal authority, public utility, trust, estate, group, Federal government or agency, other than the United States Nuclear Regulatory Commission or a successor thereto, State institution and agency or other legal entity which is recognized by law as the subject of rights and duties. The term includes officers and directors of a corporation or other legal entity having officers and directors.

   Postclosure observation and maintenance period—See the definition of time periods.

   Potentially suitable site—An area containing approximately 500 acres, for the disposal site, that meets the screening requirements in Subchapter B (relating to requirements for siting the regional disposal facility) and would reasonably be expected to meet the performance objectives in this subchapter and site suitability requirements in Subchapter B.

   Protection fund—The Regional Facility Protection Fund.

   Public water system—A water system which provides water to the public for human consumption and which has at least 15 service connections or regularly services an average of at least 25 individuals daily, at least 60 days out of the year.

   Pyrophoric material—aterial that ignites spontaneously. The term includes any liquid that ignites spontaneously in dry or moist air at or below 130° F (54.5°C), or a solid, other than one classed as an explosive, which under normal conditions is liable to cause fires through friction, retained heat from manufacturing or processing, or which can be ignited readily and when ignited burns so vigorously and persistently as to create a serious transportation, handling or disposal hazard. The term also includes spontaneously combustible and water reactive materials.

   Shallow land burial—The disposal of low-level radioactive waste directly in subsurface trenches without additional confinement in engineered structures and in proper packaging as determined in the act.

   Site closure and stabilization—Actions that are taken upon completion of operations that prepare the disposal site for custodial care and that assure that the disposal site will remain stable and will not need ongoing active maintenance.

   Stability—Structural stability.

   Surveillance—onitoring and observation of the disposal site for purposes of visual detection of need for maintenance, custodial care, evidence of intrusion and compliance with other license, permit and regulatory requirements.

   Time periods—Specific periods of time associated with the life of the disposal facility. The term includes the following time periods presented in chronological order:

   (i) Postclosure observation and maintenance period—The period of time following site closure during which the site operator is preparing the site for transfer to the custodial agency.

   (ii) Long term care period—The period of time which includes both the active and passive institutional control periods.

   (iii) Active institutional control period—The period of time following site closure and the postclosure observation and maintenance period during which active access control, surveillance, monitoring and custodial care is maintained. This period will last for a minimum of 100 years.

   (iv) Passive institutional control period—The period of time after the active institutional control period during which monitoring and passive access control of the facility is maintained. This period will be at least as long as the hazardous life of the radioactive waste.

   Waste—Low-level radioactive waste.

   Waste module—A discrete assembly of waste containers within a disposal unit.

   This section cited in 25 Pa. Code §  236.1 (relating to purpose and scope); 25 Pa. Code §  236.311 (relating to general requirements); and 25 Pa. Code §  237.2 (relating to definitions).

DISPOSAL SITE PERFORMANCE OBJECTIVES

§ 236.11. Scope.

 Concentrations of radioactive material which may be released to the general environment in groundwater, surface water, air, soil, plants or animals may not result in an annual dose exceeding an equivalent of 25 millirems to the whole body, 75 millirems to the thyroid and 25 millirems to any other organ of any member of the public. Releases of radioactivity in effluents to the general environment shall be as low as reasonably achievable and within the most restrictive Federal and Commonwealth regulations and standards which are applicable.

 Design, operation and closure of the disposal facility shall ensure protection of an individual from inadvertently intruding into the disposal site and occupying the site or contacting the waste after active institutional controls over the disposal site have been removed.

 Operations at the disposal facility shall be conducted in compliance with the standards for radiation protection in Chapter 219 (relating to standards for protection against radiation), except for releases of radioactivity in effluents from the disposal facility, which shall be governed by §  236.13 (relating to protection of the general population and environment from releases of radioactivity). Effort shall be made to maintain radiation exposures as low as is reasonably achievable.

 The disposal facility shall be sited, designed, used, operated and closed to achieve long term stability of the disposal site and to eliminate to the extent practicable the need for ongoing active maintenance of the disposal site following closure so that only surveillance, monitoring or minor custodial care are required.

   This section cited in 25 Pa. Code §  236.12 (relating to general requirement); and 25 Pa. Code §  236.314 (relating to enhanced containment).

Subchapter B. REQUIREMENTS FOR SITING THE
REGIONAL DISPOSAL FACILITY

GENERAL

Sec.

§ 236.101. Scope and applicability.

 (a)  The site selection process for the low-level radioactive waste disposal facility addresses a wide range of public health, safety, environmental, social and economic factors. Considerations such as public health and safety, flooding, tectonics, protection of lands in the public trust, protection and exploitation of natural resources, demographics, transportation, wildlife, air quality, ecology, topography and hydrogeology are addressed in the siting requirements. The primary goal of the siting process is to identify a site that is capable of protecting public health, safety and the environment and to identify a site that is licensable.

 (a)  The applicant shall submit a siting plan to the Department for approval. The siting plan shall meet the requirements of this subchapter and the act and follow the siting process discussed in the applicant’s proposal. A quality assurance/quality control plan, which will be implemented throughout site screening and characterization, shall be submitted as part of the siting plan. Siting activities cannot begin until approval of the siting plan has been granted by the Department.

 (b)  The Department will utilize its oversight role to ensure that the applicant is implementing the approved siting plan throughout the site screening and site characterization period.

 (a)  The applicant shall screen this Commonwealth for potentially suitable sites using the criteria in § §  236.121—236.128 (relating to Phase I screening requirements). Screening shall be conducted consistent with the applicant’s siting plan under §  236.103 (relating to siting plan), proposal and contract with the Department made under section 306 of the act (35 P. S. §  7130.306). The applicant shall propose three preferred potentially suitable sites and submit those sites to the EQB for approval.

 (b)  The EQB will hold at least one public information meeting and one public hearing in each proposed potentially suitable area, evaluate the three proposed potentially suitable sites and determine compliance with § §  236.121—236.128. As part of this determination, the EQB will make a determination that the screening process has identified three of the best potential locations in this Commonwealth, based on the administrative record before the EQB. The administrative record shall consist of the screening report, site justification report, the study of short and long term environmental effects on the potentially suitable sites, the conclusions and siting recommendations of the Department, the testimony presented at the EQB’s public hearings and comments received during the comment period.

 (c)  Upon preliminary approval of the three preferred potentially suitable sites by the EQB, the applicant shall obtain access to the sites and conduct detailed characterization studies under § §  236.141—236.149 (relating to Phase II site suitability requirements). The studies shall be conducted consistent with the applicant’s site characterization plan, proposal and contract with the Department made under section 306 of the act. After concluding the characterization studies, the applicant shall select the site to be considered for licensing.

 (d)  Detailed site characterization at a site may be discontinued by the applicant if conditions are encountered that would prevent that site from meeting the Phase I site screening evaluation requirements or the Phase II site suitability requirements. If no disqualifying conditions are encountered, the applicant shall continue detailed site characterization.

 (e)  If disqualifying conditions are encountered at the three sites, the applicant shall submit three other potentially suitable sites under this section prior to reinitiation of Phase II.

 (a)  The applicant shall propose three preferred potentially suitable sites for preliminary approval for further study and submit those sites to the EQB and the Department.

 (b)  The proposal shall be accompanied by the following:

   (1)  A site screening report under §  236.107 (relating to screening report).

   (2)  A site justification under §  236.108 (relating to site justification).

   (3)  An environmental impact report under §  236.109 (relating to environmental impact report).

 (c)  At the same time that the proposal is submitted, the applicant shall submit to the Department a social and economic impact study for each site. Each study shall propose a host municipality and affected municipalities.

 (d)  The Department will evaluate the proposal and submit its recommendations to the EQB.

 (a)  Prior to initiating detailed site characterization studies, the applicant shall prepare and submit for the Department’s approval a detailed plan for characterizing the three preferred potentially suitable sites.

 (b)  The site characterization plan shall include:

   (1)  Detailed plans and procedures, including quality assurance/quality control, for collecting detailed site specific information for compliance with the Phase I and Phase II siting requirements.

   (2)  The method for determining the proposed site for licensing.

 (c)  Upon approval of the three preferred potentially suitable sites by the EQB and Department approval of the site characterization plan, the applicant shall obtain access to the sites and commence detailed characterization studies.

 (a)  The applicant shall submit a site screening report to the EQB as part of its proposal for approval of three preferred potentially suitable sites. The report shall include the following:

   (1)  A comprehensive presentation of the information collected.

   (2)  The analyses conducted.

   (3)  The evaluation process that was used in screening this Commonwealth to identify the preferred potentially suitable sites.

 (b)  The screening report shall identify the stages incorporated in the process to narrow the search from the entire Commonwealth to the level at which the three preferred potentially suitable sites are identified.

 (c)  The screening report shall include a description of how the Phase I screening requirements were utilized in the process and a description of how meaningful public input was solicited and incorporated in each stage of the process.

 (d)  The screening report shall include a detailed discussion of how requests for consideration as a potentially suitable site from interested municipalities were considered.

 (e)  The screening report shall include documentation and references to substantiate the validity of the information presented and the conclusions reached through every stage of analysis. The report shall describe the research and analytical techniques and identify the principal persons responsible for conducting the research and preparing the report. Presentations of information shall be clear, concise and complete to the level that allows for independent evaluation by the EQB.

 (a)  The applicant shall submit site justifications which explain the reasons for the choice of each preferred potentially suitable site.

 (b)  The applicant shall use the process established in the proposal and the siting plan as approved by the Department, for applying the requirements of § §  236.121—236.128 (relating to Phase I screening requirements) and show how the process was used to identify each preferred potentially suitable site.

 (c)  Site justifications shall predict the ability of each preferred site to meet the Phase II site suitability requirements and the performance objectives in Subchapter A (relating to general provisions).

 (d)  Site justifications shall utilize comparisons of information collected and analyzed during the screening process to defend and justify the choice of a preferred potentially suitable site.

 An environmental impact report shall be prepared for each of the preferred potentially suitable sites and affected areas. The report shall consider the short and long term effects that a disposal facility would have on public health and safety and the environment at each preferred potentially suitable site and affected areas.

 (a)  A social and economic impact study shall be prepared for each of the preferred potentially suitable sites. The study shall include information, analyses and discussion to clearly identify social and economic impacts. The level of information that is submitted shall be sufficient to permit the Department to conduct an independent evaluation.

 (b)  Each social and economic impact study shall:

   (1)  Propose to the Department a host municipality and affected municipalities.

   (2)  Evaluate the long and short term potential impacts of the facility on social and economic conditions including the following:

     (i)   Tax revenue.

     (ii)   Public and private infrastructure compatibility with regional and local economic goals.

     (iii)   Emergency management capabilities.

     (iv)   Loss of resources.

     (v)   Social service demands.

 (c)  The Department will use the social and economic impact reports in its consideration for identifying host and affected municipalities.

 The distances from a facility to a feature or structure described in this chapter shall be measured from the boundary of the disposal site.

PHASE I SCREENING REQUIREMENTS

§ 236.121. General requirements.

 (a)  This section and § §  236.122—236.128 contain both disqualifying criteria and evaluation requirements.

 (b)  Disqualifying criteria denote conditions that are unacceptable for the siting of a low-level radioactive waste disposal facility. Implementation of disqualifying criteria requires that areas be evaluated to determine the existence of disqualifying conditions. Siting a low-level radioactive waste disposal facility in an area containing disqualifying conditions is prohibited. The EQB will deny a proposed site without further review if the proposed site contains disqualifying conditions. The applicant bears the burden of proving that the site contains no disqualifying conditions.

 (c)  Evaluation requirements denote conditions that require identification, investigation and assessment to determine acceptability. The EQB will not approve a site unless the applicant successfully demonstrates with clear and convincing evidence that the site complies with the evaluation requirements.

 (a)  Disqualifying criteria. Potentially suitable sites may not be located where nearby facilities, activities, population or development will mask monitoring of the disposal site or affect the disposal site’s compliance with the performance objectives.

 (b)  Evaluation requirements. Demographic and land use characteristics that could be affected by a potentially suitable site relate to items, such as population distribution and future growth, land use, nearby facilities, safety and support services and economic conditions. Evaluations shall be made to determine the effects a proposed site location could have on existing and projected future conditions.

   (1)  Conditions of ownership, such as surface ownership, mineral rights, rights-of-way and liens shall be identified and evaluated with respect to site acquisition requirements of section 307 of the act (35 P. S. §  7130.307).

   (2)  An evaluation of compatibility with adopted county and municipal plans for land use and zoning, population distribution, projected population growth and restrictions shall be on record.

   (3)  The evaluations shall show potential impacts on facilities and structures, including schools, parks, hospitals, churches, retail centers, nursing homes and business establishments.

   (4)  An evaluation of support and safety services, including utilities, fire protection, police and medical capabilities shall be currently available upon which the disposal facility would rely. The evaluation shall include an assessment of future service needs necessary to adequately support the disposal facility.

   (5)  Economic conditions within the affected area of a potentially suitable site shall be described and analyzed. Potential impacts on the existing conditions shall be determined. Sufficient information and analysis shall be provided to allow for assessment of benefits and guarantees under section 318 of the act (35 P. S. §  7130.318).

 Existing and projected access roads, from potentially suitable sites to points of exit off existing interstate or limited access highways, shall be identified, described and evaluated with respect to:

   (1)  Their general type, conditions, upgrade or construction needs.

   (2)  Potential hazards for transportation.

   (3)  Residential dwellings per road mile.

   (4)  Facilities such as schools, parks or hospitals, per road mile.

   (5)  A total travel distance between a potentially suitable site and points of exit from existing interstate or limited access highways.

   (6)  Past highway safety records.

 Averages and extremes for regional climatic and site-specific meteorology characteristics, such as temperature, precipitation, humidity, freeze-thaw characteristics and historical trends for airflow patterns, pressure systems and frontal movements, shall be described and evaluated to determine potential effects on a potentially suitable site. The potential for severe weather phenomena such as tornadoes and other storm events based on historical data shall be evaluated.

 (a)  Disqualifying criteria. Potentially suitable sites may not be located within 1 mile of an active fault.

 (b)  Evaluation requirements.

   (1)  Potentially suitable sites shall be evaluated with respect to regional tectonic history and geologic structure, including stability, faults, folds, joints and fractures.

   (2)  Capable faults identified in the vicinity of a site shall be evaluated to determine correlation of the fault with recorded or suspect earthquake activity and potential impact on site stability.

   (3)  Potentially suitable sites shall be evaluated to determine the proximity to known or reported seismic epicenters within 200 miles. The probable seismic risk and impact associated with those epicenters that reported a Mercalli intensity of (IV) or greater shall be evaluated.

 (a)  Disqualifying criteria. Potentially suitable sites may not be located:

   (1)  Within the limits of the 100-year floodplain of a waterway as defined in the Flood Plain Management Act (32 P. S. § §  679.101—679.601).

   (2)  Within the limits of a coastal floodplain as defined in Federal Executive Order 11988, Flood Plain Management Guidelines (42 U.S.C.A. §  4321, note).

   (3)  Within the area below a dam which may be threatened with loss of life or serious damage to property if a failure of the dam occurs.

   (4)  Where erosional processes or mass movement of landforms, such as mass wasting and landslides, would affect the long term stability and isolation of waste.

   (5)  Where there are slopes greater than 15% on areas of the disposal site where disposal units may be located, as mapped on USGS 7.5-minute quadrangles utilizing a scale of 1:24,000 with a contour interval of either 10 feet or 20 feet or on county topographic maps that utilize a scale of 1:50,000 and a contour interval of 20 feet.

 (b)  Evaluation requirements. Potentially suitable sites shall be evaluated:

   (1)  With respect to regional and local geomorphology. Evaluations shall discuss geomorphic features pertinent to site stability and the relationships between regional and local geomorphic features.

   (2)  With respect to local and site-specific surface hydrology. Characteristics to be evaluated include:

     (i)   Site drainage conditions.

     (ii)   Rates of evapotranspiration and infiltration.

     (iii)   Rates and directions of runoff.

     (iv)   Fluvial features.

     (v)   Historical flow conditions.

     (vi)   Chemical and physical properties of the waters.

   (3)  To determine the potential for, and the impacts from, major modifications of upstream drainage by others.

   (4)  With respect to local and site specific erosional processes. Characteristics such as rates, types and directions of erosion shall be described. The potential for mass movement of landforms, including landslides, slumping and mass wasting, shall also be evaluated.

   (5)  To determine the probable existence and extent of surface water features, including wetlands, springs and ponds that are sustained by groundwater. This evaluation shall also address the potential for future ponding and surface water discharges.

   (6)  To determine the magnitude, frequency and duration of storm events that would cause inundating floods and probable maximum flood conditions.

 (a)  Disqualifying criteria. Potentially suitable sites may not be located in areas where there is limestone or other predominantly carbonate lithologic units which exhibit one of the following characteristics:

   (1)  Outcrop at the surface.

   (2)  Occur within 50 feet of the surface and are greater than 5 feet thick.

   (3)  Have been identified as areas with a potential for subsidence.

   (4)  Currently exhibit evidence of subsidence at the surface.

 (b)  Evaluation requirements.

   (1)  The geology at potentially suitable sites shall be evaluated with respect to regional and local stratigraphy, lithologies and potential impact on site stability. Descriptions, illustrations and evaluations shall include characteristics such as local stratigraphic units and their accepted names, relative ages, lithologic descriptions and genetic relationships.

   (2)  Depths to local and regional zones of permanent saturations including seasonal fluctuations, shall be evaluated. The probability and extent of both permanent and seasonal perched water tables potentially affected by a site shall be evaluated.

   (3)  Local and potentially affected aquifers shall be described, evaluated and illustrated with respect to the following:

     (i)   Characteristics, such as lateral extent and thickness.

     (ii)   Rates, directions and volumes of groundwater flow.

     (iii)   Porosities and permeabilities.

     (iv)   Recharge areas and discharge areas.

     (v)   Reported chemical properties.

   (4)  Site-specific and local soil conditions shall be evaluated with respect to physical, chemical and mineralogical properties. Characteristics to be evaluated include:

     (i)   Lateral extent and thickness of soil horizons.

     (ii)   Classification names.

     (iii)   Relative ages.

     (iv)   Genetic relationships.

     (v)   Porosities and permeabilities.

     (vi)   Rates, directions and conditions of surface and subsurface flow.

 (a)  Disqualifying criteria. Potentially suitable sites may not be located:

   (1)  Within 1/2 mile of a well or spring which is used as a public water supply.

   (2)  Within 1/2 mile of either side of a stream or impoundment for a distance of 5 stream miles upstream of a surface water intake for a public water supply.

   (3)  Within 1/2 mile of an existing important wetland, as defined in Chapter 105 (relating to dam safety and waterway management).

   (4)  Within the boundaries of the following:

     (i)   National Park Systems.

     (ii)   National Forests.

     (iii)   Natural Landmarks designated by the National Park Service.

     (iv)   National Wildlife Refuges.

     (v)   National Fish Hatcheries.

     (vi)   National Wild and Scenic River Systems, including study rivers designated under section 5(a) of the Wild and Scenic River Act (15 U.S.C.A. §  1276(a)).

     (vii)   National System of Trails.

     (viii)   National Wilderness Preservation Systems.

     (ix)   Exceptional Value Watersheds.

     (x)   Historic sites listed on the National Register of Historic Places.

     (xi)   State, county or municipal park systems.

     (xii)   Land owned by the Historical and Museum Commission.

     (xiii)   Lands protected by the Wild and Scenic Rivers Program.

     (xiv)   Designated natural and wild areas.

   (5)  Within the boundaries of State Forest and State Game Lands unless the agency administering the lands has been given authority by statute or ordinance to allow the siting and operation of the regional disposal facility.

   (6)  In areas over active or inactive oil and gas wells or gas storage areas. The phrase ‘‘active or inactive oil and gas wells or storage areas’’ has the same meaning as used in the Oil and Gas Act (58 P. S. § §  601.101—601.605).

   (7)  On agricultural land established under the Agricultural Area Security Law (3 P. S. § §  901—915) or Class I agricultural land as defined by the United States Soil Conservation Service.

   (8)  In areas over active or inactive mines that are identified and substantiated by public records.

 (b)  Evaluation requirements. Potentially suitable sites shall be evaluated:

   (1)  With respect to water use characteristics of potentially affected water supplies. Existing private, public and community water supplies located onsite or within 3 miles shall be identified and evaluated. The ability to replace existing water supplies with alternate supplies of like quality and quantity shall be evaluated.

   (2)  To determine potential impact on designated high quality watersheds that may be affected.

   (3)  To determine the existence of, and potential impact on, endangered and threated species as defined in the Endangered Species Act of 1973 (16 U.S.C.A. § §  460K-1, 4601-9, 668aa—668cc-6, 668dd, 715i, 715s, 1362, 1371, 1372, 1402 and 1531—1543).

   (4)  To determine the existence of, and potential impact on, biologic habitats identified as either endangered, threatened, rare or exemplary; and geologic features identified as outstanding on the Pennsylvania Natural Diversity Inventory.

   (5)  To determine to what extent previous exploration or exploitation practices have disturbed the natural geologic setting in the area. Evaluations shall identify locations, types and extent of disturbances; and estimate potential impact on site stability.

   (6)  To determine the types, quantities and physical locations of the natural resources contained therein and shall include an evaluation of the availability of these resources from other areas outside the site. Priority shall be given to avoid areas where natural resources that may be rare or unique to the site exist.

 (c)  Wetlands. The preferred potentially suitable sites submitted to the EQB for approval will be evaluated by the Department to determine the existence of wetlands. The results of this evaluation will be part of the Department’s review that will be submitted to the EQB.

   This section cited in 25 Pa. Code §  236.101 (relating to scope and applicability); 25 Pa. Code §  236.104 (relating to siting process); 25 Pa. Code §  236.108 (relating to site justification); and 25 Pa. Code §  236.121 (relating to general requirements).

PHASE II SITE SUITABILITY REQUIREMENTS

§ 236.141. General requirements.

 (a)  This section and § §  236.142—236.149 establish and identify the requirements that a site is required to meet to be considered suitable for the proposed low-level radioactive waste disposal facility. Phase II, site-specific characterization of the three preferred potentially suitable sites, begins after approval is granted by the EQB under §  236.104 (relating to siting process) and after the Department approves the site characterization plan. Site characterization will require access to the sites.

 (b)  Implementation of the site suitability requirements requires the collection, documentation, analysis, discussion and illustration of detailed site-specific data to supplement the data collected during Phase I screening. The Phase II effort will substantiate or disprove the validity of evaluations and projections made for the three preferred potentially suitable sites chosen in Phase I. The applicant shall clearly demonstrate that the preferred site meets the Phase I and Phase II siting requirements and contributes to compliance with the performance objectives of Subchapter A (relating to general provisions). The findings from the detailed site characterization studies shall be presented as part of the license application required in Subchapter C (relating to regional facility license).

 (c)  For the type of criteria in which the data collected are considered time variant by the Department, there shall be a minimum of 1 year of data acquisition to substantiate the validity of analyses and conclusions.

 (d)  The issuance of a license by the Secretary constitutes final approval of the site for the disposal facility.

 A disposal site shall be capable of being characterized, modeled, analyzed and monitored. Characterization shall be adequate to define characteristics and conditions, both onsite and offsite, through monitoring, analysis, modeling and demonstration, to substantiate that the site can satisfy site suitability requirements and meet the performance objectives.

 A disposal site shall be located so that projected population growth and future developments are not likely to affect the ability of the disposal site to meet the performance objectives in Subchapter A (relating to general provisions).

 A disposal site shall be located so that the roads connecting the site to an existing or limited access highway allow for safe transportation so that risks to the general population will be as low as reasonably achievable.

 A disposal site shall be located so that adverse climatic and meteorologic conditions will not affect the ability of the disposal site to meet the performance objectives in Subchapter A (relating to general provisions).

 A disposal site shall be tectonically stable to meet the performance objectives in Subchapter A (relating to general provisions). An area shall be avoided where tectonic processes such as faulting, folding or seismic activity may occur with a frequency and to an extent which may affect the isolation of waste and the long term stability of the site.

 (a)  A disposal site area shall be located where topography and surface geologic processes occur at rates, frequency and extent that they will not affect meeting the performance objectives in Subchapter A (relating to general provisions).

 (b)  A disposal site shall be generally well drained and free of areas of flooding or frequent ponding. The disposal facility may not be located in a wetland, as defined in Chapter 105 (relating to dam safety and waterway management).

 (c)  A disposal site shall be located so that upstream drainage areas are minimized to decrease the amount of runoff which could erode or inundate waste disposal units.

 (a)  A disposal site may not be located where hydrologic conditions such as hydraulic conductivity or geologic features such as fractured bedrock occur at rates, frequency or extent that could adversely affect the isolation of waste or the ability to meet the performance objectives in Subchapter A (relating to general provisions).

 (b)  A disposal site shall be located in a hydrogeologic setting that provides sufficient separation from the groundwater, so that water intrusion into disposal units, perennial or otherwise, will not occur.

 (a)  A disposal site shall be located so that resources, such as those protected by law, those suitable for human consumption and those culturally or historically unique, can be protected during siting, design, construction, operation, closure, decommissioning and long term care.

 (b)  A disposal site may not be located where exploration or exploitation of natural resources, such as hydrocarbons, industrial minerals, metallic ores and mineral fuels located on the site or in adjacent areas could affect isolation of waste or, the ability to meet the performance objectives in Subchapter A (relating to general provisions).

   This section cited in 25 Pa. Code §  236.101 (relating to scope and applicability); 25 Pa. Code §  236.104 (relating to siting process); and 25 Pa. Code §  236.141 (relating to general requirements).

Subchapter C. REGIONAL FACILITY LICENSE

LICENSE APPLICATION

Sec.

§ 236.201. Scope.

 This subchapter addresses the requirements for licensing the regional disposal facility operator. The requirements included are as follows:

   (1)  Application for a license.

   (2)  License application review procedures and standards.

 (a)  A person may not construct, alter, own or operate a low-level waste disposal facility or may receive, possess or dispose of waste received from other persons at the regional disposal facility unless authorized by a license issued by the Department under this chapter.

 In addition to the requirements in §  236.212 (relating to filing and distribution of license application), an application to receive from others, possess and dispose of wastes shall consist of:

   (1)  General information, program plans, a quality assurance/quality control program, specific technical information, institutional control information and financial information as set forth in § §  236.205—236.211.

   (2)  An impact analysis report. The report shall address the impact of licensing the activity and include:

     (i)   A detailed assessment of the radiological and nonradiological impacts to the public health and the environment.

     (ii)   A detailed assessment of the impact on the quality and quantity of the surface and groundwater within a 5-mile radius of the site.

     (iii)   A discussion of the long term public health and environmental impacts, including closure, decommissioning, decontamination and reclamation of the site and facilities associated with the licensed activities and management of radioactive materials which will remain on the site after closure, decommissioning, decontamination and reclamation.

     (iv)   A discussion of the short and long term social and economic impacts of the regional disposal facility on the host and affected municipalities. These impacts will be used to create a minimum set of items to be considered as part of the host and affected municipality benefit negotiations. At a minimum, the study shall include the impacts on local tax revenues, public and private infrastructures, emergency management capabilities and social service demands.

     (v)   A preoperational environmental radiation survey and a preoperational health survey of cancer and other disease rates and birth defects within 5 miles of the site.

     (vi)   Justification for the choice of the proposed site over the other two preferred potentially suitable sites.

 The license application shall include general information as follows:

   (1)  The identity of the applicant, including:

     (i)   The full name, address, telephone number and description of the business or occupation of the applicant.

     (ii)   The name and address of each partner and the principal location where the partnership does business, if the applicant is a partnership.

     (iii)   The following, if the applicant is a corporation or an unincorporated association:

       (A)   The state in which it is incorporated or organized and the principal location at which it does business.

       (B)   The names and addresses of its directors and principal officers.

     (iv)   Information required under this section with respect to the other person, if the applicant is acting as an agent or representative of another person in filing the application.

   (2)  Qualifications of the applicant as follows:

     (i)   The organizational structure of the applicant, both offsite and onsite, including a description of lines of authority, key positions and assignments of responsibilities, whether in the form of administrative directives, contract provisions or otherwise.

     (ii)   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 subparagraph (i) shall be provided.

     (iii)   A description of the applicant’s personnel training program.

     (iv)   The plan to maintain an adequate complement of trained personnel to carry out waste receipt, handling and disposal operations in a safe manner.

   (3)  A description of:

     (i)   The location of the proposed disposal site.

     (ii)   The general character of the proposed activities.

     (iii)   The types and quantities of waste to be received, possessed and disposed of.

     (iv)   The proposed facilities and equipment.

   (4)  Proposed schedules for construction, receipt of waste and first emplacement of waste at the disposal facility.

   (5)  A description of the applicant’s compliance with State and Federal environmental protection statutes including the Radiation Protection Act and Low-Level Radioactive Waste Disposal Act, the Appalachian States Low-Level Radioactive Waste Compact Act or other state or Federal statute relating to environmental protection or to protect the public health and safety.

 (a)  The applicant shall submit the following detailed program plans:

   (1)  A siting plan under §  236.103 (relating to siting plan).

   (2)  A quality assurance/quality control plan under §  236.207 (relating to quality assurance/quality control program).

   (3)  A monitoring plan under §  236.409 (relating to monitoring plan).

   (4)  A security plan under §  236.403(a)(1) (relating to facility operation plan).

   (5)  An operations plan under §  236.403.

   (6)  A contingency plan under §  236.404 (relating to contingency plans).

   (7)  A radiation control plan under §  236.403(c).

   (8)  A construction plan under §  236.402 (relating to construction plan).

   (9)  A site closure and decommissioning plan under §  236.411 (relating to site closure and decommissioning plan).

 (b)  The plans set forth in subsection (a), and subsequent changes thereto, will be reviewed and approved by the Department. The requirement to implement the approved plans will be incorporated into the facility license.

 (c)  The plans shall demonstrate that the necessary technical information and analyses can be obtained and used to demonstrate compliance with the performance objectives.

 A quality assurance/quality control plan shall be submitted to the Department for approval. The plan shall include a description of the quality assurance/quality control program for the determination of natural disposal site characteristics and for quality assurance/quality control during the design, construction, operation and closure of the disposal facility and the receipt, handling and emplacement of waste. Audits and managerial controls shall be included.

 The specific technical information shall include information needed for demonstrating that the performance objectives and the applicable technical requirements of this chapter will be met. The following shall be included:

   (1)  A description of the natural and demographic disposal site characteristics as determined by site screening and characterization activities contained in Subchapter B (relating to requirements for siting the regional disposal facility). The description shall include demographic, meteorologic, climatologic, biotic, ecologic, hydrologic, geologic (including geochemical and geotechnical) and natural resource features of the disposal site and vicinity.

   (2)  A description of the design features of the disposal facility and the disposal units. The description shall include those design features related to the following:

     (i)   Minimization of water intrusion.

     (ii)   Integrity of covers for disposal units.

     (iii)   Structural stability.

     (iv)   Contact of wastes with standing water.

     (v)   Disposal site drainage.

     (vi)   Closure and stabilization.

     (vii)   Recoverability.

     (viii)   Elimination to the extent practicable of long term active maintenance.

     (ix)   Protection from inadvertent intrusion.

     (x)   Occupational exposures.

     (xi)   Monitoring.

     (xii)   Adequacy of the size of the buffer zone for monitoring and potential remedial measures.

   (3)  A description of the principal design features and their relationship to the performance objectives.

   (4)  A description of the engineered structures which the applicant has incorporated into the design and which will apply to construction of the disposal facility.

   (5)  A description of codes and standards which the applicant has applied to the design and which will apply to construction of the disposal facility.

   (6)  A description of the construction and operation of the disposal facility. The description shall include at a minimum:

     (i)   Methods of constructing the disposal units.

     (ii)   Waste emplacement.

     (iii)   Procedures for and areas of waste segregation.

     (iv)   Types of intruder barriers.

     (v)   Onsite traffic and drainage systems.

     (vi)   Survey control program.

     (vii)   Methods and areas of waste storage.

     (viii)   Methods to control water access to the wastes.

     (ix)   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 of Subchapter A (relating to general provisions).

   (7)  A description of the disposal site closure and decommissioning plan under §  236.411 (relating to site closure and decommissioning plan); specifically 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, exploitation of which could result in inadvertent intrusion into the waste after removal of active institutional control.

   (9)  A description of the various low-level waste streams and the physical and chemical properties, and the volumes and different classes of waste proposed to be received, possessed and disposed of at the disposal facility. The description shall include consideration of projected variations in future waste streams and volumes and their potential affect on the disposal facility.

   (10)  A description of the radiation safety program for control and monitoring of radioactive effluents to ensure compliance with the performance objective in Subchapter A and occupational radiation exposure to ensure compliance with Chapter 219 (relating to standards for protection against radiation) and to control contamination of personnel, vehicles, equipment, buildings and the disposal site. Both routine operations and accidents shall be addressed. The program description shall include procedures, instrumentation, facilities and equipment. Application of as low as reasonably achievable shall be discussed.

   (11)  A description of the monitoring program under §  236.409 (relating to monitoring plan) to provide data to evaluate disposal facility performance, potential health and environmental impacts and the plan for taking remedial measures.

   (12)  A description of the administrative procedures that the applicant will apply to control activities at the disposal facility.

   (13)  A description of potential operational accidents and the methodology to assure that likely accident scenarios are bounded.

 The specific technical information shall also include the following analyses needed to demonstrate that the performance objectives of Subchapter A (relating to general provisions) will be met:

   (1)  Analyses of the pathways demonstrating protection of the general population from releases of radioactivity. Pathways analyzed shall include air, soil, groundwater, surface water, plant uptake and exhumation by burrowing animals. The analyses shall clearly identify and differentiate between the roles performed by the natural site characteristics and design features in isolating and segregating the wastes. The analyses shall clearly demonstrate that there is assurance that the exposures to humans from the release of radioactivity will not exceed the limits set forth in the performance objectives in Subchapter A.

   (2)  Analyses of the protection of individuals from inadvertent intrusion. The analyses shall include a demonstration that there is assurance that 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. The analyses shall include assessments of expected exposures due to routine operations and likely accidents during handling, storage and disposal of waste. The analyses shall provide assurance that exposures will be controlled to meet the requirements of Chapter 219 (relating to standards for protection against radiation).

   (4)  Analyses of the long term stability of the disposal site to determine the need for ongoing active maintenance after closure. These analyses shall consider active natural processes, including erosion, mass wasting, slope failure, settlement of wastes, infiltration through disposal covers and surface drainage of the disposal site. The analyses shall provide assurance that there will not be a need for ongoing active maintenance of the disposal site following closure.

 The institutional control information submitted by the applicant shall include:

   (1)  A certification by the Commonwealth that the custodial agency is prepared to accept transfer of the license when §  236.246 (relating to application and transfer of license to the Commonwealth) is met and will assume responsibility for institutional control after site closure and the postclosure observation and maintenance period.

   (2)  If the proposed disposal site is on land not owned by the Federal government or the Commonwealth, the applicant shall submit evidence that arrangements have been made for assumption of ownership by the Commonwealth before the Department issues a license.

 The financial information shall be sufficient to demonstrate that the financial qualifications of the applicant are adequate to carry out the activities for which the license is sought and meet the financial assurance requirements of section 316 of the act (35 P. S. §  7130.316) and Subchapter G (relating to financial assurances and liability). The applicant shall provide documented evidence of the availability of funds. If debt capital will be used, letters of commitment from the financial sources shall be provided.

 (a)  An application package to obtain a license under this chapter and the Department licenses and permits necessary to construct and operate the disposal facility shall be filed with the Secretary. The applicant shall submit one signed original and 35 copies to the Secretary.

 (b)  The application package shall contain a statement, signed by a responsible official of the applicant and attested by a notary public, that certifies that the information contained in the application package is true and correct to the best of the official’s information and belief.

 (c)  The application package shall consist of the following:

   (1)  The application for a license.

   (2)  An impact analysis report.

   (3)  The Department license and permit applications necessary for construction and operation of the disposal facility.

 Except as otherwise specified, communications and reports concerning this chapter and applications filed under it shall be addressed to the Secretary, Department of Environmental Resources, Post Office Box 2063, Harrisburg, Pennsylvania 17120.

LICENSE REVIEW PROCEDURES AND STANDARDS

§ 236.221. Verification of receipt of application.

 (a)  Upon receipt of the license application, the Department will notify the public of receipt of the application. The notification will include a listing of the locations in which the application can be reviewed by the public. Notification will be provided in the Pennsylvania Bulletin, local media, newspapers of wide general circulation and newspapers in the area the regional facility is proposed to be located.

 (b)  The Department will make the license application available for review in the host municipality.

 (a)  The Department will hold one public hearing and one public information meeting on the initial license application in the area the regional facility is proposed to be located. The Department will issue a 30-day public notice in the Pennsylvania Bulletin and newspapers of general circulation in the area of the proposed host municipality to announce the hearing and meeting dates. There will be a minimum of 30 days time between the public hearing and the public meeting.

 (b)  Interested persons may submit to the Department written comments regarding the application. Comments shall be submitted within 180 days after notification has been made under §  236.222 (relating to public notice). Interested persons may submit comments at the hearing. A person wishing to examine witnesses shall submit to the Department a numbered list of contentions. The contentions shall be limited to failure of the license application and its contents to conform with the act and this chapter. The applicant shall submit two copies of its testimony 2 weeks before the date the hearing is scheduled. The applicant or licensee shall make its staff available to answer questions. The Department may establish the duration for oral testimony and may limit the scope of questioning during the hearing.

 (c)  Written comments and the transcript of the hearing will be considered in the Secretary’s decision on the application and become part of the public record.

 (d)  The Department will provide a written response to comments or testimony at the time a final action is taken.

 (a)  If the license application is rejected, a revised application may be submitted and may incorporate the portions of the previous application that were not the bases of the rejection.

 A license will not be issued unless the applicant affirmatively demonstrates to the satisfaction of the Department that:

   (1)  The operation will not endanger public health, safety and welfare or the environment.

   (2)  The application is accurate and complete and the requirements of the act and this chapter have been satisfied.

   (3)  The applicant is qualified by reason of training and experience to carry out the disposal operations requested in a manner that protects health and minimizes danger to life or property.

   (4)  The applicant’s proposed disposal site, disposal facility design, disposal facility operations, including equipment, facilities and procedures, disposal site closure and postclosure institutional control are adequate to protect the public health and safety by providing assurance that the general population will be protected from releases of radioactivity as specified in the performance objective in §  236.13 (relating to protection of the general population and environment from releases of radioactivity).

   (5)  The applicant’s proposed disposal site, disposal facility design, disposal facility operations, including equipment, facilities and procedures, disposal site closure and postclosure institutional control are adequate to protect the public health and safety by providing assurance that individual inadvertent intruders are protected in accordance with the performance objective in §  236.14 (relating to protection of individuals from inadvertent intrusion).

   (6)  The applicant’s proposed disposal facility design and disposal facility operations, including equipment, facilities and procedures, are adequate to protect the public health and safety by providing assurance that the standards for radiation protection in Chapter 219 (relating to standards for protection against radiation) will be met.

   (7)  The applicant’s proposed disposal site, disposal facility design, disposal facility operations, disposal site closure and postclosure institutional control are adequate to protect the public health and safety by providing assurance that long term stability of the disposed waste and the disposal site will be achieved and will eliminate to the extent practicable the need for ongoing active maintenance following closure.

   (8)  The technical requirements of Subchapters B and D—F will be met.

   (9)  The applicant’s proposal for institutional control, as required in §  236.210 (relating to institutional control information), provides assurance that the control will be provided for the long term care period.

   (10)  The financial or surety arrangements meet the requirements of Subchapter G (relating to financial assurances and liability).

 (a)  A license issued under this chapter, or a right thereunder, may not be transferred, assigned or disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of the license to another person, unless the Department finds, after securing full information, that the transfer is in accordance with the act and the Department gives its consent in writing in the form of a license amendment.

 (b)  The licensee shall submit written statements under oath upon request of the Department, before termination of the license, to enable the Department to determine whether the license should be modified, suspended or revoked.

 (c)  The license will be transferred to the custodial agency on the full implementation of the site closure and decommissioning plan as approved by the Department, including postclosure observation and maintenance.

 (d)  The licensee shall be subject to the act and to this title and orders of the Department. The terms and conditions of the license are subject to amendment, by reason of amendments to, or by reason of this title and order issued under the act.

 (e)  The person licensed by the Department under this chapter shall confine possession and use of materials to the locations and purposes authorized in the license.

 (f)  The licensee may not dispose of waste until the Department has inspected the disposal facility and has found it to be in conformance with plans described in the application for a license and approved by the Department.

 (g)  The Department may incorporate in the license at the time of issuance, or thereafter, by appropriate rule, regulation or order, additional requirements and conditions with respect to the licensee’s receipt, possession and disposal of waste as the Department deems appropriate or necessary to:

   (1)  Protect health or minimize danger to life or the environment.

   (2)  Provide for inspections or activities under the license that may be necessary or appropriate to effectuate the purposes of the act and regulations thereunder.

   (3)  Require tests, reports and the keeping of records.

 (h)  The authority to dispose of wastes expires on the date stated in the license. The Department will, on a 5-year basis, review the license and conditions of the license. An expiration date on the license applies only to operational activities and to the authority to dispose of waste. Failure to revise the license does not relieve the licensee of responsibility for implementing site closure and decommissioning, postclosure observation and transfer of the license to the Commonwealth.

 (i)  The license may be revoked, suspended or modified for a material false statement in the application, or because of conditions revealed by a report, record or inspection or other means which would warrant the Department to refuse to grant a license for the original application.

 (j)  The licensee shall allow the Department, its agents and employes, and the host municipality and host county inspectors, without advance notice or search warrant, upon presentation of appropriate credentials and without delay, to have access to areas where disposal activities are conducted and to examine the records and books relating thereto.

 The initial decision to issue a license under this chapter or an amendment to the license shall become effective immediately upon signed order of the Secretary or a delegated representative.

CHANGES TO THE REGIONAL FACILITY LICENSE

§ 236.241. Amendments for closure and transfer.

 (a)  An application for closure under §  236.245 (relating to content of a license application for closure) shall be filed at least 90 days prior to license expiration.

 (a)  Prior to final closure of the disposal site, or as otherwise directed by the Department, the licensee shall submit an application to amend the license for closure. This closure application shall include a final revision and specific details of the disposal site closure and decommissioning plan submitted under §  236.206 (relating to program plans) that includes the following:

   (1)  Additional geologic, hydrologic or other data pertinent to the long term containment of emplaced wastes obtained during the operational period.

   (2)  The results of tests, experiments or other analyses relating to the long term containment of emplaced waste within the disposal facility.

   (3)  Proposed revision of plans for:

     (i)   Decontamination or dismantlement of facilities, or both.

     (ii)   Stabilization of the disposal site for postclosure care.

   (4)  Significant new information regarding the environmental impact of closure activities and long term performance of the disposal site.

 (b)  Upon review and consideration of an application to amend the license for closure submitted under this section, the Department will issue an amendment authorizing closure if there is assurance that the long term performance objectives of Subchapter A (relating to general provisions) will be met.

 (a)  Following closure and the postclosure observation and maintenance period, the licensee may apply for an amendment to transfer the license to the Commonwealth. The license will not be transferred unless the licensee demonstrates to the Department’s satisfaction that:

   (1)  The closure of the disposal site has been made in conformance with the licensee’s site closure and decommissioning plan, as approved as part of the license.

   (2)  The performance objectives of Subchapter A (relating to general provisions) have been met and will continue to be satisfied.

   (3)  Funds collected for the Account and necessary records for care have been transferred to the Commonwealth.

   (4)  The monitoring program is operational for implementation by the Commonwealth.

   (5)  The custodial agency which will assume responsibility for institutional control of the disposal site is prepared to assume responsibility and ensure that the institutional requirements found necessary under §  236.225(i) (relating to requirements for issuance of a license) will be met.

 (b)  Upon demonstration of the requirements of subsection (a), the disposal facility license will be transferred to the Commonwealth and the operator’s license will be terminated.

 (a)  At any period of time during the long term care period, the custodial agency—licensee—may apply for an amendment to terminate the license.

 (b)  The application shall be filed under §  236.212 (relating to filing and distribution of license application) and the requirements of this section.

 (c)  The licensee shall demonstrate to the satisfaction of the Department that the standards of §  236.508 (relating to determination of hazardous life of the waste) are met.

Subchapter D. DESIGN REQUIREMENTS FOR THE
REGIONAL DISPOSAL FACILITY

GENERAL

Sec.

§ 236.301. Scope and purpose.

 (a)  This subchapter implements section 305 of the act (35 P. S. §  7130.305). The requirements of this subchapter specify the design criteria for an above-grade low-level radioactive waste disposal facility.

 (b)  The selected disposal technology shall meet the design criteria that are established in this subchapter and as a goal, be designed and constructed for zero release of radioactive material. The design requirements for addressing containment of waste and the goal of zero release are specified in §  236.314 (relating to enhanced containment). Furthermore, the site in which the disposal facility is to be located shall independently comply with Subchapter B (relating to requirements for siting the regional disposal facility). Consequently, the design criteria have been established to require the applicant to demonstrate that the disposal technology can complement and augment the site’s ability to meet the performance objectives of Subchapter A (relating to general provisions).

DESIGN CRITERIA

§ 236.311. General requirements.

 (a)  Shallow land burial, as defined in §  236.2 (relating to definitions) is prohibited.

 (b)  Waste emplaced in the disposal facility shall be above the natural grade of the land which shall be known as above-grade disposal. An above-grade disposal facility shall be used unless the applicant can demonstrate that other designs provide significant improvement for recoverability, monitoring and protection of public health and the environment.

 (a)  The disposal facility shall be compatible with the natural characteristics of the site, as identified in Subchapter B (relating to requirements for siting the regional disposal facility).

 (a)  The disposal facility shall be capable of accepting low-level radioactive waste generated within the Appalachian Compact region that is classified as a state responsibility under the Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C.A. § §  2021b—2021j).

 (b)  The disposal facility shall have sufficient capacity to accommodate at least a 30-year useful facility life, as required by the Appalachian State Low-Level Radioactive Waste Compact. Design consideration for disposal capacity shall be based on reasonable waste projections and be capable of accommodating unanticipated changes in waste streams or volumes.

 (a)  The disposal facility shall include engineered structures. The engineered structures shall provide additional measures for isolation of waste from the environment. For the purpose of this section, the container by itself cannot satisfy requirements for enhanced containment.

 (b)  At a minimum, the engineered structures shall provide:

   (1)  Leak resistance for a minimum of 100 years, following the postclosure observation and maintenance period.

   (2)  Structural stability to the disposal units. Design goals for the material integrity and stability of the engineered structure shall be commensurate with the time periods specified in subsection (d).

 (c)  The disposal facility shall independently comply with performance objectives in §