Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Expiration.
A. A 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 part 4731.3090 not less than 30 days
before the expiration date stated in the existing license .
B. If an application for renewal has been
filed at least 30 days before the expiration date stated in the existing
license, the existing license expires at the end of the day on which the
commissioner makes a final determination to deny the renewal application or, if
the determination states an expiration date, the expiration date stated in the
determination.
Subp. 2.
Revocation.
A specific license revoked by the commissioner expires at the
end of the day on the date of the commissioner's final determination to revoke
the license, on the expiration date stated in the determination, or as
otherwise provided by a commissioner's order.
Subp. 3.
Termination notice.
A specific license continues in effect, beyond the expiration
date if necessary, with respect to possession of radioactive material, until
the commissioner notifies the licensee in writing that the license is
terminated. During this time, the licensee must:
A. limit actions involving radioactive
material to those related to decommissioning; and
B. continue to control entry to restricted
areas until they are suitable for release according to this chapter.
Subp. 4.
Decommissioning.
A. Within 60
days of any of the occurrences under item B, and consistent with the
administrative directions under part 4731.0200, subpart 3, a licensee must
provide notification to the commissioner in writing of such occurrence and:
(1) begin decommissioning the licensee's site
or any separate building or outdoor area that contains residual radioactivity
so that the building or outdoor area is suitable for release according to this
chapter; or
(2) submit within 12
months of notification a decommissioning plan, if required under item E, and
begin decommissioning upon approval of that plan.
B. Notice under item A is required when:
(1) the license has expired under subpart 1
or 2;
(2) the licensee has decided
to permanently cease principal activities 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 according to this
chapter;
(3) no principal
activities have been conducted under the license 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 according to this chapter.
C. Coincident with the notification required
under item A, the licensee must maintain in effect all decommissioning
financial assurances established by the licensee under part 4731.3080 in
conjunction with license issuance or renewal or as required under this part.
The amount of the financial assurance must be increased, or may be decreased,
as appropriate, to cover the detailed cost estimate for decommissioning
established under item H, subitem (5). 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 commissioner.
D. The commissioner may grant a request to
extend the time periods established under item A if the commissioner 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 under item A. The schedule for decommissioning in
this subpart may not commence until the commissioner has made a determination
on the request.
E. A
decommissioning plan must be submitted if:
(1)
required by a license condition; or
(2) the procedures and activities necessary
to carry out decommissioning of the site or separate building or outdoor area
have not been previously approved by the commissioner and the procedures could
increase potential health and safety impacts to workers or the public, as in
any of the following cases:
(a) procedures
would involve techniques not applied routinely during cleanup and 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.
F. The commissioner may approve an alternate
schedule for submittal of a decommissioning plan required under this subpart if
the commissioner determines that the alternative schedule is necessary to the
effective conduct of decommissioning operations and presents no undue risk from
the radiation to the public health and safety and is otherwise in the public
interest.
G. Procedures such as
those under item E, subitem (2), with potential health and safety impacts, may
not be performed before approval of the decommissioning plan.
H. The proposed decommissioning plan for the
site or separate building or outdoor area must include:
(1) a description of the conditions of the
site or separate building or outdoor area sufficient to evaluate the
acceptability of the plan;
(2) a
description of planned decommissioning activities;
(3) a description of the methods used to
ensure protection of workers and the environment against radiation hazards
during decommissioning;
(4) a
description of the planned final radiation survey;
(5) an updated detailed cost estimate for
decommissioning, comparison of that estimate with present funds set aside for
decommissioning, and a plan for ensuring the availability of adequate funds for
completion of decommissioning; and
(6) for decommissioning plans calling for
completion of decommissioning later than 24 months after plan approval, a
justification for the delay based on the criteria in item K.
I. The commissioner shall approve
a proposed decommissioning plan if the information in the plan demonstrates
that the decommissioning will be completed as soon as practicable and that the
health and safety of the workers and the public will be adequately
protected.
J. Except as provided in
item K, a licensee must:
(1) 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; and
(2) request
license termination as soon as practicable but no later than 24 months
following the initiation of decommissioning, when decommissioning involves the
entire site.
K. The
commissioner 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 commissioner 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 that the commissioner may consider appropriate on a
case-by-case basis, such as the regulatory requirements of other governmental
agencies, lawsuits, groundwater treatment activities, monitored natural
groundwater restoration, actions that could result in more environmental harm
than deferring clean up, and other factors beyond the control of the
licensee.
L. As the
final step in decommissioning, the licensee must:
(1) certify the disposition of all licensed
material, including accumulated wastes, by submitting a completed NRC Form 314
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 the survey, unless the
licensee demonstrates in some other manner that the premises are suitable for
release according to part 4731.2100. The licensee must, as appropriate:
(a) for gamma radiation, report levels of
radiation in units of microroentgens (millisieverts) per hour at one meter from
surfaces;
(b) for radioactivity,
including alpha and beta radiation, report levels of radiation in units of
disintegrations per minute or microcuries (megabecquerels) per 100 square
centimeters removable and fixed for surfaces, microcuries (megabecquerels) per
milliliter for water, and picocuries (becquerels) per gram for solids such as
soils or concrete; and
(c) specify
the survey instruments used and certify that each instrument is properly
calibrated and tested.
M. Specific licenses, including expired
licenses, shall be terminated by written notice to the licensee when the
commissioner determines that:
(1) radioactive
material has been properly disposed of;
(2) reasonable effort has been made to
eliminate residual radioactive contamination, if present;
(3) a radiation survey has been performed
that demonstrates, or other information submitted by the licensee is sufficient
to demonstrate, that the premises are suitable for release according to part
4731.2100; and
(4) records required
under part 4731.3115, subparts 3 and 5, have been received.