Current through Register 1531, September 27, 2024
A site will be considered acceptable for license termination
under restricted conditions if:
(A)
The licensee can demonstrate that further reductions in residual radioactivity
necessary to comply with the provisions of
105 CMR
120.245 would result in net public or
environmental harm or were not being made because the residual levels
associated with restricted conditions are ALARA. Determination of the levels,
which are ALARA must take into account consideration of any detriments, such as
deaths from transportation accidents, expected to potentially result from
decontamination and waste disposal;
(B) The licensee has made provisions for
legally enforceable institutional controls that provide reasonable assurance
that TEDE from residual radioactivity distinguishable from background to the
average member of the critical group will not exceed 0.10 mSv (10 mrem) per
year;
(C) 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. Acceptable financial
assurance mechanisms are:
(1) Funds placed
into a trust segregated from the licensee's assets and outside the licensee's
administrative control, and in which the adequacy of the trust funds is to be
assessed based on an assumed annual 1% real rate of return on
investment;
(2) A statement of
intent in the case of State, or local Government licensees, as described in
105 CMR
120.125(C)(7)(d);
or
(3) When a governmental entity
is assuming custody and ownership of a site, an arrangement that is deemed
acceptable by such governmental entity.
(D) The licensee has submitted a
decommissioning plan or License Termination Plan (LTP) to the Agency indicating
the licensee's intent to decommission in accordance with
105
CMR 120.132(D), and
specifying that the licensee intends to decommission by restricting use of the
site. The licensee shall document in the LTP or decommissioning plan how the
advice of individuals and institutions in the community who may be affected by
the decommissioning has been sought and incorporated, as appropriate, following
analysis of that advice.
(1) Licensees
proposing to decommission by restricting use of the site shall seek advice from
such affected parties regarding the following matters concerning the proposed
decommissioning:
(a) Whether provisions for
institutional controls proposed by the licensee:
1. Will provide reasonable assurance that the
TEDE from residual radioactivity distinguishable from background to the average
member of the critical group will not exceed 0.10 mSv (10 mrem) TEDE per
year;
2. Will be enforceable;
and
3. Will not impose undue
burdens on the local community or other affected parties.
(b) Whether the licensee has provided
sufficient financial assurance to enable a third party, including a
governmental custodian of a site, to assume and carry out responsibilities for
any necessary control and maintenance of the site;
(2) In seeking advice on the issues
identified in 105 CMR 120.246D(1), the licensee shall provide for:
(a) Participation by representatives of a
broad cross section of community interests who may be affected by the
decommissioning;
(b) An opportunity
for a comprehensive, collective discussion on the issues by the participants
represented; and
(c) A publicly
available summary of the results of all such discussions, 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.
(E)
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:
(1) 1mSv (100 mrem)
per year; or
(2) 5mSv (500 mrem)
per year provided the licensee:
(a)
Demonstrates that further reductions in residual radioactivity necessary to
comply with the one mSv/yr (100 mrem/yr) value of 105 CMR 120.246(E)(1) are not
technically achievable, would be prohibitively expensive, or would result in
net public or environmental harm;
(b) Makes provisions for durable
institutional controls;
(c)
Provides sufficient financial assurance to enable a responsible government
entity or independent third party, including a governmental custodian of a
site, both to carry out periodic rechecks of the site no less frequently than
every three years to assure that the institutional controls remain in place as
necessary to meet the criteria of 105 CMR 120.246(B) and to assume and carry
out responsibilities for any necessary control and maintenance of those
controls. Acceptable financial assurance mechanisms are those in 105 CMR
120.246(C).
