(a) The compact waste disposal facility license holder may accept nonparty compact waste for disposal at the facility only if the waste has been volume-reduced, if eligible, by at least a factor of three in a manner consistent with Texas Health and Safety Code, Chapter 401, Subchapter F.
(b) Waste has been reduced by a factor of three if the final volume of waste disposed is one-third (1/3) or less of the initial volume.
  (1) Initial volume of the waste is the volume of radioactive material generated prior to receiving any processing or operational waste volume reducing methods.
  (2) Final volume of the waste is the volume after the waste has been processed, whether by the generator (including any waste minimization as part of the generator's process) or by a commercial waste processor, and is in the final form immediately prior to disposal. Waste packaging is not included in determining the final volume.
(c) Examples and Eligibility.
  (1) Examples of volume reduction methods include:
    (A) reduction of the volume of ion exchange media loaded into individual demineralizer vessels;
    (B) on-line lithiation strategies for reactor coolant purification demineralizers;
    (C) intermittent use of some demineralizers instead of continuous use (spent fuel pool);
    (D) reduction by compaction of dry active waste or compactible waste;
    (E) removal of radioactive particulates from a liquid waste stream by the use of methods such as filters, ion-exchange medium (such as resin), precipitation, flocculation, or settlement (resultant liquid, if still radioactive, would not be considered volume reduced);
    (F) incineration (any radioactive effluent captured in a device such as a baghouse or charcoal filter would not be considered volume reduced);
    (G) concentration technologies such as evaporation, crystallization, drying, or dewatering; or
    (H) repackaging or consolidation of waste in order to more efficiently minimize volume required for disposal in compliance with the license.
  (2) Examples of what is not considered volume reduction include:
    (A) downblending;
    (B) separation of radioactive waste from non-radioactive waste, such as debris or contaminated scrap metal; or
    (C) volume reduction based entirely on hypothetical calculations, rather than actual records of historical waste generation.
  (3) Waste streams that are not eligible for volume reduction include:
    (A) irradiated hardware;
    (B) solid forms, such as non-compactible metals or monoliths;
    (C) large components;
    (D) soils and demolition debris; or
    (E) sealed sources.
(d) Recordkeeping.
  (1) Maintenance of records. Records detailing compliance with this section must be maintained and available for examination and copying by the executive director or the executive director's designee at all reasonable times. Such records must include information to identify the manifest number(s) and the exact shipping date(s) of the volume-reduced waste being transported to the compact waste disposal facility. Upon request, all records required by this chapter must be assembled at a single location within the state of Texas.
  (2) Records retention. Records under this section must be kept for a minimum of five years from the date on which the record is made.
  (3) Penalties for records violations. A person that violates this section shall be subject to any action authorized by law to secure compliance, including the assessment of administrative penalties or civil penalties as prescribed by law, and the suspension or revocation of a license.

Source Note: The provisions of this §336.739 adopted to be effective December 31, 2015, 40 TexReg 9701