TRC Form 12-1
Page 1 of 8 Texas Department of Health
Bureau of Radiation Control
RADIOACTIVE MATERIAL LICENSE
Pursuant to the Texas Radiaion Control Act and Texas Healh Department regulations on radiation, and in reliance on statements and representations heretofore made by the licensee, a license is hereby issued authorizing the license to receive, acquire, possess and transfer radioactive material listed below; and to use such radioactive material for the purpose(s) and at the place(s) listed below. This license is subject to all applicable rules, regulations and orders of the Texas Department of Health (Agency) now or hereafter in effect and to any conditions specified below.

LICENSEE
1. Name: WASTE CONTROL SPECIALISTS LLC; ATTN David Kania
2. Address: 1710 W BROADWAY, ANDREWS TX 79714
This license amendment is issued in response to a letter:
Signed by: David Kania
Dated: February 3, 1999
3. License Number: L04971 - Amendment Number 08
PREVIOUS AMENDMENTS ARE VOID
4. Expiration Date: November 30, 2004

RADIOACTIVE MATERIAL AUTHORIZED (Sections 5-8)

Radioisotope Category A:
Radioisotope: Any radioactive material (includes radioactive waste, byproduct material as defined at Texas Health and Safety Code §401.003(3) (B), uranium ore received as waste, NORM waste, and/or oil and gas NORM waste)
Form of Material: Solid or Liquid
Maximum Activity*: Activities of groups as specified under Title 25 of the Texas Administrative Code (25 TAC) Section (§) 289.254(d)(1) not to exceed the following:

Category I: 200 Ci

Category II: 2000 Ci

Category III 20,000 Ci

Category IV: 200,000 Ci
Authorized Use: Receipt and processing of radioactive material received as waste

Radioisotope Category B:
Radioisotope:Any radioactive material
Form of Material: Sealed Sources
Maximum Activity*: Total activity not to exceed 1000 Ci
Authorized Use: Interim storage of radioactive material received as waste

Radioisotope Category C:
Radioisotope: Sr-90
Form of Material: Sealed Sources
Maximum Activity*: No single source to exceed 1 uCi. Total: 5 uCi (sic)
Authorized Use:Calibration reference sources

Radioisotope Category D:
Radioisotope:Any radioactive material
Form of Material: solid or liquid
Maximum Activity*: No single isotope to exceed 5µCi, no combination of isotopes to exceed 50µCi. Total: 1 mCi
Authorized Use:Calibration reference sources

Radioisotope Category E:
Radioisotope: Any radioactive material
Form of Material: plated or sealed sources
Maximum Activity*: No single isotope to exceed 1µCi, no combination of isotopes to exceed 10µCi. Total: 500 µCi
Authorized Use: Calibration reference sources

9. Radioactive material shall be used only at:

Subsite Number: 000

Location: Andrews - One mile North of State Highway 176,

250 feet East of TX/NM State Line (30 miles West of Andrews, TX)

10. Copies of all documents and records required by this license shall be maintained for Agency review at Site 000.

11. The licensee shall comply with the provisions of Title 25 Texas Administrative Code (TAC), Chapter 289, Sections 201, 202, 203, 204, 205, 252, 254, and 257.

12. The individual designated to perform the functions of Radiation Safety Officer (RSO) for activities covered by this license is David Kania.

13. Radioactive material shall be used by individuals designated by the RSO only after each worker has successfully completed the training specified in the Radiological Training Program. Documentation verifying the successful completion of the training for each user shall be maintained by the licensee for inspection by the Agency. All training shall be supervised by David Kania.

14. The licensee shall submit a current resume listing all pertinent education, training and experience for any individual who replaces the following positions: Management Oversight representative, Radiation Safety Supervisor, Facility Manager, Operations Manager, Laboratory Manager, and/or Environmental Health & Safety Manager

15. For the purposes of this license, the following definitions apply:

A. Appropriately authorized: the activity has been formally authorized by the State or Federal agency which has jurisdiction over the issue.

B. Authorized federal agency: the United States Department of Energy (DOE) or the United States Department of Defense (DOD) upon written, executed agreement with the licensee that specifies that the authorized federal agency will take back and assume responsibility for all of its waste currently mainained at the licensee's facility within 30 days of written notification by the Agency that the waste is ready for removal, and that all associated expenses for such will be borne by the authorized federal agency to the extent that they are not covered by the licensee's financial assurance. These provisions will only apply if the licensee has failed to properly decontaminate and decommission the facility or otherwise failed to comply with an Agency order.

C. Interim storage: Stabilized waste packaged in accordance with 49 CFR (as amended), and that meets current or stated acceptance requirements for an authorized disposal facility or an authorized federal agency.

D. Waste: Radioactive waste, byproduct material as defined in Section 401.003(3)(B) of the Health and Safety Code (as amended), uranium ore, NORM waste, and/or oil and gas NORM waste.

16. Copies of authorized federal agency agreements specified in License Conditions 15.B and 19.B shall be mailed within seven (7) days of execution and prior to receipt of waste to:

ATTN: Licensing Bureau of Radiation Control
Texas Department of Health
1100 W. 49th Street
Austin TX 78756-3189

17. The licensee is hereby authorized to perform in-house pocket dosimeter calibration. The calibrations shall be performed under the supervision of the RSO.

18. The licensee is hereby authorized to perform in-house leak test analysis. The analysis shall be performed under the supervision of the RSO.

19.

A. The licensee is authorized to possess special nuclear material only in quantities not to exceed that specified in 25 TAC ¤289.201(b). The total amount of special nuclear material possessed under all licenses issued by this Agency at the licensee's facility described in Condition No. 9 shall not exceed the 25 TAC ¤289.201(b) limits.

B. Not withstanding the licensee's procedures, the licensee is authorized to possess transuranics (nuclides with an atomic number greater than 92) in concentrations greater than 100 nanocuries per gram (nCi/g). Prior to receipt of transuranics with concentrations exceeding 100 nCi/g, the 1icensee shall obtain an executed, written agreement from an authorized federal agency. The agreement shall meet the terms of the agreement specified in Condition 15.B of this license. Furthermore, in no respect shall this authorization be construed as to allow the limitations specified in Part A of this condition to be exceeded or violated.

20. In accordance with procedures submitted in the application dated January 24, 1997, the licensee is authorized to perform in-house decontamination of surface contaminated objects utilizing the PlasBlast Model 5050, or equivalent. This use is restricted to the Stabilization Building. This authorization is restricted to objects contaminated through the course of the licensee's authorized activites.

21. Radioactive material described in Parts A and B of Conditions 5, 6, 7 and 8 shall only be transferred to the initial generator, to an appropriately authorized waste disposal facility, or to an appropriately authorized waste processor. Documentation of recipient's authorization shall be maintained for inspection for a minimum of five (5) years.

22. The licensee is authorized to process waste. Such processing shall be performed in accordance with the procedures and commitments submitted in the application dated January 24, 1997, or new or modified procedures specified in Condition 34 of this license, and is limited to the following:

A. Receipt and survey;

B. Repackaging;

C. Compaction and consolidation utilizing a Model 55R RAMFLAT, or equivalent, compactor. This use is restricted to the Stabilization Building;

D. (1) Solidification/stabilization of liquid or solid radioactive waste using media acceptable to low-level waste disposal sites utilizing a 55 gallon Enrico Barrel Mixer, or equivalent. This use is restricted to the Stabilization Building; and, (2) Treatment of cesium-137-contaminated electric arc furnace dust (United States Environmental Protection Agency designation KO61) and incident related material utilizing the procedure described in module OP-1.4.7, issue date of 9/18/98, revision 1, titled "K061 And Incident Related Material Stabilization Process." In addition to the procedures described in OP-1.4.7, all doors to the stabilization building shall be closed and remain closed during the processing of the waste.

E. Storage of radioactive waste in the Bin Storage Area, Container Storage Building and the Stabilization Building.

F. Research and development in the treatment of radioactive waste using the Commodore Mobile Demonstration Unit as described in and in accordance with the limitations and specifications contained in the letters dated February 3, 1999 and April 23, 1999, and attachments and enclosures, including wCs Work Instructions for CMDU2, dated April 9, 1999, W199-1.2 and Attachment A to W199-1.2.

23. In addition to the limits specified by Conditions 5, 6, 7 and 8, the licensee shall restrict possession of waste to the following conditions.

A. The total volume physically present shall not exceed 302,865 cubic feet and shall be further limited to the following building lirnitations:

- (1) Bin Storage Area: 262,440 cubic feet

- (2) Container Storage Building: 36,750 cubic feet

- (3) Stabilization Building: 3,675 cubic feet

B. Any waste container shall be counted as a full container in the volume inventory unless it can be readily verified as empty.

C. Waste stored in the Bin Storage Area that is not contained within a High Integrity Container will be restricted to Low Specific Activity or Surface Conraminated Object, as defined by Title 10 of the Code of Federal Regulations (CFR) Part 71 (as amended), or depleted uranium.

D. The volume authorized in License Condition No. 23.A shall be further limited in accordance with the amount of Financial Assurance in place with the Agency:

- (1) Financial Assurance = $7,084,973. No more than 3,822 cubic feet of waste that has a current commercial disposal option, 58,320 cubic feet of cesium-137-contaminated electric arc furnace dust (U. S. Environmental Protection Agency designation KO61), and 240,723 cubic feet of waste from authorized federal agencies;

- (2) Financial Assurance = $18,467,478. No more than 18,172 cubic feet of waste that has a current commercial disposal option, 58,320 cubic feet of cesium-137-contaminated electric arc furnace dust (U.S. Environmental Protection Agency designation KO61), and 226,373 cubic feet of waste from authorized federal agencies; or

- (3) Financial Assurance = $32,881,617. No more than 36,344 cubic feet of waste that has a current commercial disposal option, 58,320 cubic feet of cesium-137-contaminated electric arc furnace dust (U.S. Environrnental Protection Agency designation KO61), and 208,201 cubic feet of waste from authorized federal agencies.

- (4) The volume of waste that has a current commercial disposal option authorized in License Condition Nos. 23.D.1 through 23.D.3 may include up to 2,700 cubic feet of commercial mixed waste that can not be processed into a form that has a current disposal option.

24. All waste not in storage shall be physically restricted to:

A (1) for waste meeting the requirements of low specific activity group I radioactive material, as specified in Title 49 of the CFR (as amended), processing within the confines of the Stabilization Building; and, (2) for all other waste, processing within the confines of a PERMACON, or equivalent, structure; or,

B. Packaged in accordance with Title 49 of the CFR (as amended) requirements and in transit between the Bin Storage Area, Container Storage Building, Stabilization Building, or offsite.

25. All waste holding times shall be limited to the following:

A. All waste shall be initially processed within l0 days of placement within the Stabilization Building. All waste shall be transferred out of the Stabilization Building within 30 days of placement within the Stabilization Building;

B. All waste shall be placed into interim storage or transferred to an authorized recipient within 365 days of the inidal date of receipt; and

C. All waste authorized under License Condition No. 23.D.4 shall be returned to the generator or an appropriately authorized waste processor within 60 days of the initial date of receipt.

26.

A. No waste shall be commingled with material requiring a separate disposal methodology.

B. In spite of the licensee's procedures, no waste from an authorized federal agency shall be commingled with waste from another generator.

27. The licensee shall maintain for inspection by the Agency an inventory of all waste possessed under this license. The inventory shall show the radionuclide, date received, from whom received, amount of activity, physical form, date processed, original and reassigned drum or container number, and the date transferred for disposal. In addition, the licensee shall at least monthly generate a cumulative inventory which demonstrates compliance with License Condition Nos. l9, 23, and 25 (including waste form requirements for interim storage), and the appropriate processing group limits of 25 TAC ¤289.254(d). The licensee shall maintain a copy of the inventories, for a minimum of five (5) years from the date of generation, for inspection by the Agency.

28. A summary of all waste processing activities for the preceding calendar year shall be generated no later than March 1 of each year and maintained for inspection until disposition is authorized by the Agency. This report shall include total throughput for each individual process; all material received; all material transferred; all spills outside of primary containment; and a current inventory at the end of the report. Material transferred and received shall also be listed by licensee. All categories shall include activity by isotope and total volume.

29. A. Waste containers containing radioactive waste meeting the requirements of low specific activity material, group I (LSA-I), as specified in Title 49 of the Code of Federal Regulations, Section 173.403, may be opened for sampling of the contents or container maintenance or repair in a Permacon, the Container Storage Building, or Stabilization Building.

B. All other waste containers shall only be opened in PERMACON or equivalent structures.

30. If air sample results indicate that an airborne release in excess of ten times the limits of 25 TAC ¤289.202(ggg)(2), Table II Column 3 occurred to the restricted area or to any portion of the restricted area, the licensee shall, within 72 hours of the exposure, perform bioassays on all individuals who were present.

31. A. The licensee shall notify the Agency in writing or via facsimile at least three (3) working days in advance of shipping its low-level radioactive waste to a commercial treatment, storage, or disposal site.

B. The licensee shall notify the Agency in writing or via facsimile at least three (3) working days in advance of initial receipt of waste pursuant to this license.

C. Notification required by this Condition shall be made to:

LLRW Notification
ATTN: Division of Compliance and Inspection
Bureau of Radiation Control
Texas Department of Health
1100 W. 49th Street
Austin, Texas 78756-3189
or by facsimile to: (512) 834-6654.

32. A. In accordance with the application dated January 24, 1997, the licensee may only modify the following procedures: Operations Procedures; Occupational Health and Safety Procedures; Quality Assurance Procedures; Emergency Procedures; Laboratory Procedures and/ or Radiation Safety Procedures. All modifications shall provide at least equivalent levels of radiation safety and administrative control. Documentation of all modifications, and the corresponding internal review, shall be maintained for inspection for a mmimum of five (5) years.

B. In the radiation safety procedure RS-3.3.62, where ever Form RS 3.3.61-1 is referenced, it shall be understood that Form RS 3.3.62-1 is meant.

33. Modification of the facility or the processes described in the documents listed in License Condition No. 34 is prohibited except as authorized pursuant to amendment of this license.

A. The licensee may modify the facility as described in the licensee's letter dated October 6, 1998 regarding the Permacon structures.

34. Except as specifically provided otherwise by this license, the licensee shall possess and use the radioactive material authorized by this license in accordance with statements, representations, and procedures contained in the following:

application dated January 24, 1997 and amendment dated May 2, 1997, including Appendices Volume I-V, Site and Facility Drawings, and Drawing Specification; and

letters dated March 5, 1998 (with Andrews Site Organizational Chart and vice president operations/ facility manager, radiation safety officer, and operations manager position descriptions agents); October 6, 1998 (with attachments); February 3, 1999; and April 23, 1999 (with attachments and enclosures, including wCs Work Instructions for CMDU2, dated April 9, 1999, W199-1.2 and Attachment A to W199-1.2);

procedure titled "Processing Mixed Waste," Issue Date: 9118/98, Rev. l (replaces Rev. 0);

procedure titled "Receipt and Storage of Radioactive and Mixed Waste," Issue Date: 9/18/98, Rev. 1 (replaces Rev. 0);

procedure titled "K061 and Incident Related Material Stabilizadon Process," reference no.: OP-1.4.7, Issue Date: 9/18/98, Rev. 1 (replaces Rev. 0); and

procedure titled "Survey Sample Analysis and Activity Calculation," reference no.: RS-3.3.62, Issue Date: 6/23/98, Rev. 0.

Title 25 of the TAC, Chapter 289 shall prevail over statements contained in the above documents, unless such statements are more restrictive than 25 TAC Chapter 289.

PS:tc FOR THE TEXAS DEPARTMENT OF HEALTH Date June 2. 1999

(Signed) Ruth E. McBurney, CHP, Director Division of Licensing, Registration, and Standards