Current through Register Vol. 43, No. 52, December 26, 2024
A site may be considered by the secretary to be acceptable for
license termination under restricted conditions if all of the following
conditions are met:
(a)
(1) The licensee demonstrates that further
reductions in residual radioactivity necessary to comply with the provisions of
K.A.R. 28-35-205(a) would result in public or environmental harm or were not
being made because the residual levels associated with restricted conditions
are ALARA. The demonstration shall reflect the licensee's consideration of any
detriment that could result from decontamination and waste disposal; and
(2) the licensee has made
provisions for legally enforceable institutional controls that provide
reasonable assurance that the TEDE from residual radioactivity distinguishable
from background to the average member of the critical group will not exceed
0.25 millisievert or 25 mrem per year, including that from groundwater sources
of drinking water.
(b)
The licensee has provided sufficient financial assurance to enable an
independent third party, including a governmental custodian of a site, to
assume and carry out responsibilities for any necessary control and maintenance
of the site. Each of the following financial assurance mechanisms shall be
acceptable:
(1) Funds placed into an account
segregated from the licensee's assets and outside the licensee's administrative
control as specified in K.A.R. 28-35-180b;
(2) a surety method, insurance policy, or
other guarantee method as described in K.A.R. 28-35-180b;
(3) a statement of intent in the case of
federal, state, or local government licensees, as described in K.A.R.
28-35-180b; or
(4) when a
governmental entity is assuming custody and ownership of a site, an arrangement
that is deemed acceptable by the governmental entity.
(c) The licensee has submitted a
decommissioning plan to the department indicating the licensee's intent to
decommission in accordance with K.A.R. 28-35-204 and specifying that the
licensee intends to decommission by restricting the use of the site. The
licensee shall document in the decommissioning plan how the advice of
individuals and institutions in the community who could be affected by the
decommissioning has been sought and incorporated, as appropriate, following
analysis of that advice.
(1) Each licensee
proposing to decommission by restricting the use of the site shall seek advice
from the affected parties regarding the following matters concerning the
proposed decommis sioning:
(A) Whether the
provisions for institutional controls proposed by the licensee will provide
reasonable assurance of the following:
(i)
That the TEDE from residual radioactivity distinguishable from background to
the average member of the critical population will not exceed the applicable
limit specified in part 4 of these regulations;
(ii) that the controls are enforceable; and
(iii) that the controls do not
impose undue burdens on the local community or other affected parties; and
(B) whether or not the
licensee has provided sufficient financial assurance to enable an independent
third party, including a governmental custodian of a site, to assume and carry
out the responsibilities for any necessary control and maintenance of the site.
(2) In seeking advice
on the issues identified in this subsection, the licensee shall provide for the
following:
(A) Participation by
representatives of a broad cross section of community interests who could be
affected by the decommissioning;
(B) an opportunity for a comprehensive,
collective discussion of the issues by the participants represented; and
(C) a publicly available summary
of the results of all discussions specified in paragraph (c)(2)(B), including a
description of the individual viewpoints of the participants on the issues and
the extent of agreement and disagreement among the participants on the issues.
(d) Residual
radioactivity at the site has been reduced so that if the institutional
controls were no longer in effect, there is reasonable assurance that the TEDE
from residual radioactivity distinguishable from background to the average
member of the critical group is as low as reasonably achievable and would not
exceed either of the following:
(1) 1
millisievert (100 mrem) per year; or
(2) 5 millisieverts (500 mrem) per year if
the licensee demonstrates the following:
(A)
Further reductions in residual radioactivity necessary to comply with the limit
specified in paragraph (d)(1) are not technically achievable, would be
prohibitively expensive, or would result in additional public or environmental
harm;
(B) provisions for ongoing,
enforceable institutional controls exist; and
(C) sufficient financial assurance exists to
enable a responsible government entity or independent third party, including a
governmental custodian of a site, to carry out periodic rechecks of the site at
least every five years to ensure that the institutional controls remain in
place as necessary to meet the requirements in this regulation and to assume
and carry out the responsibilities for any necessary controls and maintenance
of those controls. The financial assurance mechanisms shall be those specified
in subsection (b).
(e)
(1) If
the department receives a decommissioning plan from the licensee or a proposal
by the licensee for the release of a site pursuant to this regulation or K.A.R.
28-35-205b, the following shall be notified by the department and solicited for
comments:
(A) The local and state governments
in the vicinity of the site and any Indian nation or other indigenous people
that have treaty or statutory rights that could be affected by the
decommissioning; and
(B) the EPA,
if the licensee proposes to release a site pursuant to K.A.R. 28-35-205b.
(2) Subsequent
notifications and solicitations for comments of the entities specified in
paragraphs (e)(1)(A) and (B) may be made by the department if the secretary
deems these actions to be in the public interest.
(3) The notifications specified in this
subsection shall be published in the Kansas register and in a forum, which may
consist of a local newspaper, letter to a state or local organization, or other
appropriate forum, that is readily accessible to individuals in the vicinity of
the site, and solicit comments from affected parties.
