Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 180 - CONTROL OF RADIATION
Chapter 4 - STANDARDS FOR PROTECTION AGAINST RADIATION
Section 180-4-017 - CRITERIA FOR LICENSE TERMINATION UNDER RESTRICTED CONDITIONS
Universal Citation: 180 NE Admin Rules and Regs ch 4 ยง 017
Current through September 17, 2024
The criteria for license termination under restricted conditions are as follows.
017.01 CRITERIA. 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
180 NAC
4-016 would result in net public or
environmental harm or were not being made because the residual levels
associated with restricted conditions are as low as reasonably achievable
(ALARA). Determination of the levels which are as low as reasonably achievable
(ALARA) must take into account consideration of any detriments, such as traffic
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 the total effective dose equivalent (TEDE) from
residual radioactivity distinguishable from background to the average member of
the critical group will not exceed 0.25 mSv (25 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:
(i) Funds placed
into an account 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 one percent real rate of return on
investment.
(ii) A statement of
intent in the case of Federal, State or local Government licensees, as
described in 180 NAC 3-018.06, (D); or
(iii) 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 to the Department indicating the licensee's intent to
decommission in accordance with 180 NAC 3-018.01, and specifying that the
licensee intends to decommission by restricting use of the site. The licensee
must document in the 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.
(i) Licensees proposing to
decommission by restricting use of the site must seek advice from such affected
parties regarding the following matters concerning the proposed
decommissioning:
(1) Whether provisions for
institutional controls proposed by the licensee:
(a) Will provide reasonable assurance that
the total effective dose equivalent (TEDE) from residual radioactivity
distinguishable from background to the average member of the critical group
will not exceed 25 0.25 mSv (25 mrem) total effective dose equivalent (TEDE)
per year;
(b) Will be enforceable;
and
(c) Will not impose undue
burdens on the local community or other affected parties.
(2) Whether 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.
(ii) In seeking advice on the issues
identified in 180 NAC 4-017.01, (D)(i), the licensee must provide for:
(1) Participation by representatives of a
broad cross section of community interests who may be affected by the
decommissioning;
(2) An opportunity
for a comprehensive, collective discussion on the issues by the participants
represented; and
(3) 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;
and
(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 total effective dose equivalent (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;
(i) 1 mSv (100 mrem) per year; or (1 mSv) per
year; or
(ii) 5 mSv (500 mrem) per
year provided the licensee;
(1) Demonstrates
that further reductions in residual radioactivity necessary to comply with the
1 mSv/y (100 mrem/y) value of 180 NAC 4-017.01, (E)(i), are not technically
achievable, would be prohibitively expensive, or would result in net public or
environmental harm;
(2) Makes
provisions for durable institutional controls;
(3) 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 five years to assure that the institutional
controls necessary to meet the criteria of 180 NAC 4-017.01, (B) and to assume
and carry out responsibilities for any necessary control and, maintenance of
those controls. Acceptable financial assurance mechanisms are those in 180 NAC
4-017.01, (C).
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