Current through Register 1531, September 27, 2024
(A) Each specific
license expires at the end of the day on the expiration date stated in the
license unless the licensee has filed an application for renewal under
105 CMR
120.133 not less than 30 days before the
expiration date stated in the existing license. If an application for renewal
has been filed at least 30 days prior to the expiration date stated in the
existing license, the existing license expires at the end of the day on which
the Agency makes a final determination to deny the renewal application or, if
the determination states an expiration date, the expiration date stated in the
determination.
(B) Each specific
license revoked by the Agency expires at the end of the day on the date of the
Agency's final determination to revoke the license, or on the expiration date
stated in the determination, or as otherwise provided by Agency
Order.
(C) Each specific license
continues in effect, beyond the expiration date if necessary, with respect to
possession of radioactive material until the Agency notifies the licensee in
writing that the license is terminated. During this time, the licensee shall:
(1) Limit actions involving radioactive
material to those related to decommissioning; and,
(2) Continue to control entry to restricted
areas until they are suitable for release in accordance with Agency
requirements.
(D) Within
60 days of the occurrence of any of the following, consistent with the
administrative directions in
105 CMR 120.013,
each licensee shall provide notification to the Agency in writing of such
occurrence, and either begin decommissioning its site, or any separate building
or outdoor area that contains residual radioactivity so that the building or
outdoor area is suitable for release in accordance with Agency requirements, or
submit within 12 months of notification a decommissioning plan, if required by
105 CMR 120.132(G)(1) and begin decommissioning upon approval of that plan if:
(1) The license has expired pursuant to 105
CMR 120.132(A) or (B); or
(2) The
licensee has decided to permanently cease principal activities, as defined in
105 CMR 120.005, at
the entire site or in any separate building or outdoor area that contains
residual radioactivity such that the building or outdoor area is unsuitable for
release in accordance with Agency requirements; or
(3) No principal activities under the license
have been conducted for a period of 24 months; or
(4) No principal activities have been
conducted for a period of 24 months in any separate building or outdoor area
that contains residual radioactivity such that the building or outdoor area is
unsuitable for release in accordance with Agency requirements.
(E) Coincident with the
notification required by 105 CMR 120.132(D), the licensee shall maintain in
effect all decommissioning financial assurances established by the licensee
pursuant to
105 CMR
120.125(C) in conjunction
with a license issuance or renewal or as required by 105 CMR 120.132. The
amount of the financial assurance must be increased, or may be decreased, as
appropriate, to cover the detailed cost estimate for decommissioning
established pursuant to 105 CMR 120.132(G)(4)(e).
(1) Any licensee who has not provided
financial assurance to cover the detailed cost estimate submitted with the
decommissioning plan shall do so.
(2) Following approval of the decommissioning
plan, a licensee may reduce the amount of the financial assurance as
decommissioning proceeds and radiological contamination is reduced at the site
with the approval of the Agency.
(F) The Agency may grant a request to extend
the time periods established in 105 CMR 120.132(D) if the Agency determines
that this relief is not detrimental to the public health and safety and is
otherwise in the public interest. The request must be submitted no later than
30 days before notification pursuant to 105 CMR 120.132(D). The schedule for
decommissioning set forth in 105 CMR 120.132(D) may not commence until the
Agency has made a determination on the request.
(G)
(1) A
decommissioning plan must be submitted if required by license condition or if
the procedures and activities necessary to carry out decommissioning of the
site or separate building or outdoor have not been previously approved by the
Agency and these procedures could increase potential health and Safety impacts
to workers or to the public, such as in any of the following cases:
(a) procedures would involve techniques not
applied routinely during cleanup or maintenance operations;
(b) workers would be entering areas not
normally occupied where surface contamination and radiation levels are
significantly higher than routinely encountered during operation;
(c) procedures could result in significantly
greater airborne concentrations of radioactive materials than are present
during operation; or,
(d)
procedures could result in significantly greater releases of radioactive
material to the environment than those associated with operation.
(2) The Agency may approve an
alternate schedule for submittal of a decommissioning plan required pursuant to
105 CMR 120.132(D) if the Agency determines that the alternative schedule is
necessary to the effective conduct of decommissioning operations and presents
no undue risk from radiation to the public health and safety and is otherwise
in the public interest.
(3)
Procedures such as those listed in 105 CMR 120.132(G)(1) with potential health
and safety impacts may not be carried out prior to approval of the
decommissioning plan.
(4) The
proposed decommissioning plan for the site or separate building or outdoor area
must include:
(a) a description of the
conditions of the site or separate building or outdoor area sufficient to
evaluate the acceptability of the plan;
(b) a description of planned decommissioning
activities;
(c) a description of
methods used to ensure protection of workers and the environment against
radiation hazards during decommissioning;
(d) a description of the planned final
radiation survey; and,
(e) an
updated detailed cost estimate for decommissioning, comparison of that estimate
with present funds set aside for decommissioning, and a plan for assuring the
availability of adequate funds for completion of decommissioning.
(f) For decommissioning plans calling for
completion of decommissioning later than 24 months after plan approval, the
plan shall include a justification for the delay based on the criteria in 105
CMR 120.132(H).
(5) The
proposed decommissioning plan will be approved by the Agency if the information
therein demonstrates that the decommissioning will be completed as soon as
practicable and that the health and safety of workers and the public will be
adequately protected.
(H)
(1)
Except as provided in 105 CMR 120.132(I), licensees shall complete
decommissioning of the site or separate building or outdoor area as soon as
practicable but no later than 24 months following the initiation of
decommissioning.
(2) Except as
provided in 105 CMR 120.132(I), when decommissioning involves the entire site,
the licensee shall request license termination as soon as practicable but no
later than 24 months following the initiation of decommissioning.
(I) The Agency may approve a
request for an alternative schedule for completion of decommissioning of the
site or separate building or outdoor area, and license termination if
appropriate, if the Agency determines that the alternative is warranted by
consideration of the following:
(1) whether it
is technically feasible to complete decommissioning within the allotted
24-month period;
(2) whether
sufficient waste disposal capacity is available to allow completion of
decommissioning within the allotted 24-month period:
(3) whether a significant volume reduction in
wastes requiring disposal will be achieved by allowing short-lived
radionuclides to decay;
(4) whether
a significant reduction in radiation exposure to workers can be achieved by
allowing short-lived radionuclides to decay; and,
(5) other site-specific factors which the
Agency may consider appropriate on a case-by-case basis, such as the regulatory
requirements of other government agencies, lawsuits, ground-water treatment
activities, monitored natural ground-water restoration, actions that could
result in more environmental harm than deferred cleanup, and other factors
beyond the control of the licensee.
(J) As the final step in decommissioning, the
licensee shall:
(1) Certify the disposition of
all licensed material including accumulated wastes, by submitting a completed
Agency Form MRCP 120.100-3 or equivalent information; and,
(2) Conduct a radiation survey of the
premises where the licensed activities were carried out and submit a report of
the results of this survey unless the licensee demonstrates that the premises
are suitable for release in some other manner. The licensee shall, as
appropriate:
(a) Report levels of gamma
radiation in units of millisieverts (microroentgen) per hour at one meter from
surfaces, and report levels of radioactivity, including alpha and beta, in
units of megabecquerels (disintegrations per minute or microcuries) per 100
square centimeters - removable and fixed - for surfaces, megabecquerels
(microcuries) per milliliter for water, and becquerels (picocuries) per gram
for solids such as soils or concrete; and
(b) Specify the survey instrument(s) used and
certify that each instrument is properly calibrated and tested.
(K) Specific licenses,
including expired licenses, will be terminated by written notice to the
licensee when the Agency determines that:
(1)
radioactive material has been properly disposed;
(2) reasonable effort has been made to
eliminate residual radioactive contamination, if present; and
(3)
(a) a
radiation survey has been performed which demonstrates that the premises are
suitable for release in accordance with Agency requirements; or
(b) other information submitted by the
licensee is sufficient to demonstrate that the premises are suitable for
release in accordance with Agency requirements.