Current through September 17, 2024
This section addresses the expiration and termination of
licenses and decommissioning of sites and separate buildings or outdoor
areas.
019.01
EXPIRATION.
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 180 NAC
3-020 not less than 30 days before the
ex piration 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 Department makes a final determination to deny the renewal application or
if the determination states an expiration date, the expiration date stated in
the determination.
019.02
REVOCATION. Each specific license revoked by the
Department expires at the end of the day on the date of the Department's final
determination to revoke the license, or on the expiration date stated in the
determination, or as otherwise provided by Department Order.
019.03
WRITTEN NOTIFICATION OF
TERMINATION. Each specific license continues in effect, beyond the
expiration date if necessary, with respect to possession of radioactive
material until the Department 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
area until they are suitable for release according to Department
requirements.
019.04
NOTIFICATIONS. Within 60 days of the occurrence of any
of the following, consistent with the administrative directions in 180 NAC
1-012, each licensee must provide
notification to the Department 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 according to Department requirements, or submit within 12
months of notification a decommissioning plan, if required by 180 NAC 3-019.07
and begin decommissioning upon approval of that plan if:
(A) The license has expired according to 180
NAC 3-019.01 and 3-019.02;
(B) The
licensee has decided to permanently cease principal activities, as defined in
180 NAC
3-002, 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
Department requirements;
(C) No
principal activities under the license have been conducted for a period of 24
months; or
(D) 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 Department
requirements.
019.05
FINANCIAL ASSURANCE MAINTENANCE. Coincident with the
notification required by 180 NAC 3-019.04, the licensee must maintain in effect
all decommissioning financial assurances established by the licensee according
to 180 NAC
3-018 in conjunction with a license
issuance or renewal or as required by 180 NAC 3-019.05. The amount of the
financial assurance must be increased, or may be decreased, as appropriate, to
cover the detailed cost estimate for decommissioning established according to
180 NAC 3-019.07(D)(v). Additionally:
(A) Any
licensee who has not provided financial assurance to cover the detailed cost
estimate submitted with the decommissioning plan must do so; and
(B) 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 Department.
019.06
EXTENSION REQUEST.
The Department may grant a request to extend the time periods
established in 180 NAC 3-019.04 if the Department determines that the request
demonstrates 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 according to 180 NAC 3-019.04. The
schedule for decommissioning set forth in 180 NAC 3019.04 may not commence
until the Department has made a determination on the request.
019.07
DECOMMISSIONING
PLANS. The following applies to decommissioning plan submission.
019.07(A)
REQUIREMENTS FOR
SUBMISSION. 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 area have not been
previously approved by the Department and these procedures could increase
potential health and safety impacts to workers or to the public; as in the
following cases:
(i) Procedures would involve
techniques not applied routinely during cleanup or maintenance
operations;
(ii) Workers could be
entering areas not normally occupied where surface contamination and radiation
levels are significantly higher than routinely encountered during
operation;
(iii) Procedures could
result in significantly greater airborne concentrations of radioactive
materials than are present during operation; or
(iv) Procedures could result in significantly
greater releases of radioactive materials to the environment than those
associated with operation.
019.07(B)
ALTERNATE
SCHEDULE. An alternate schedule for submittal of a decommissioning
plan required according to 180 NAC 3-019.04 must demonstrate 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.
019.07(C)
PRIOR APPROVAL
REQUIRED. Procedures specified in 180 NAC 3-019.07(A) with
potential health and safety impacts may not be carried out prior to the
approval of the decommissioning plan.
019.07(D)
REQUIRED
ITEMS. The proposed decommissioning plan for the site or separate
building or outdoor area must include:
(i) A
description of the conditions of the site or separate building or outdoor area
sufficient to evaluate the acceptability of the plan;
(ii) A description of planned decommissioning
activities;
(iii) A description of
methods used to ensure the protection of workers and the environment against
radiation hazards during decommissioning;
(iv) A description of the planned final
radiation survey; and
(v) 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; and
(vi) For decommissioning plans calling for
completion of decommissioning later than 24 months after plan approval, the
plan must include a justification for the delay based on the criteria in 180
NAC 3-019.09.
019.07(E)
COMPLETION AND PROTECTION. The proposed
decommissioning plan must demonstrate 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.
019.08
DECOMMISSIONING COMPLETION
SCHEDULE. Other than provided in 180 NAC 3-019.09, licensees must:
(A) Complete decommissioning of the site or
separate building or outdoor area as soon as possible but no later than 24
months following the initiation of decommissioning; and
(B) Request license termination as soon as
possible but no later than 24 months following the initiation of
decommissioning when decommissioning involves the entire site.
019.09
ALTERNATE
SCHEDULE OF COMPLETION. Licensees may request an alternative
schedule for completion of decommissioning of the site or separate building or
outdoor area, and license termination. The following information must be
submitted for consideration:
(A) Whether it is
technically feasible to complete decommissioning within the allotted 24 month
period;
(B) Whether sufficient
waste disposal capacity is available to allow completion of decommissioning
within the allotted 24 month period;
(C) Whether a significant volume reduction in
wastes requiring disposal will be achieved by allowing short-lived
radionuclides to decay;
(D) Whether
a significant reduction in radiation exposure to workers can be achieved by
allowing short-lived radionuclides to decay; and
(E) Other site-specific factors which the
Department 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.
019.10
FINAL STEP IN
DECOMMISSIONING. As the final step in decommissioning, the
licensee must:
(A) Certify the disposition of
all licensed material, including accumulated wastes, by submitting a completed
Department Form NRH-60 or equivalent information. Form NRH-60 is set out as
Attachment 4 of this chapter; and
(B) 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 must, as
appropriate:
(i) Report levels of gamma
radiation in units of millisieverts (mSv) (microroentgen) per hour at one meter
from surfaces, and report levels of radioactivity, including alpha and beta, in
units of MBq (disintegrations per minute or µCi) per 100 square
centimeters, removable and fixed, for surfaces, MBq (µCi) per milliliter
for water, Bq (picocuries) per gram for solids such as soil or concrete;
and
(ii) Specify the survey
instrument or instruments used and certify that each instrument is properly
calibrated and tested.
019.11
TERMINATION.
Specific licenses, including expired licenses, will be terminated by written
notice to the licensee provided:
(A)
Radioactive material has been properly disposed;
(B) Reasonable effort has been made to
eliminate residual radioactive contamination, if present;
(C) Demonstration of suitability for release.
(i) A radiation survey has been performed
which demonstrates that the premises are suitable for release according to
Department requirements; or
(ii)
Other information submitted by the licensee is sufficient to demonstrate that
the premises are suitable for release according to Department requirements;
and
(D) Records required
by 180 NAC 3-030.06 and 3-030.08 have been received.
