Current through Register No. 40, October 3, 2024
A site shall be considered acceptable for license
termination under restricted conditions only if:
(a) The licensee can demonstrate that further
reductions in residual radioactivity necessary to comply with the provisions of
He-P
4024.09 would result in net public or environmental
harm or were not being made because the residual levels associated with
restricted conditions are ALARA, taking into account consideration of any
detriments, such as accidental deaths, 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 TEDE from residual radioactivity distinguishable from background to
the average member of the critical group will not exceed 0.10 millisievert (10
mrem) per year, including that from groundwater sources of drinking
water;
(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 shall include:
(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 one percent real rate of return on investment;
(2) A statement of intent in the case of
federal, state, or local government licensees, as described in
He-P
4030.09(j) (5) ; 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 to the DHHS/RHS indicating the licensee's intent to
decommission in accordance with
He-P
4024.06(c) and specifying that the
licensee intends to decommission by restricting use of the site;
(e) The decommissioning plan required by (d)
above sufficiently demonstrates:
(1) How the
input of individuals and institutions in the community who may be affected by
the decommissioning has been sought and incorporated, as appropriate, to
include at a minimum the following:
a.
Participation by representatives of a broad cross section of community
interests who might 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;
(2) Whether provisions for
institutional controls proposed by the licensee provide reasonable assurance
that the TEDE from residual radioactivity distinguishable from background to
the average member of the critical group will not exceed the applicable limit
in He-P 4020 through He-P 4023;
(3)
Whether provisions for institutional controls will impose undue burden on the
local community or other affected parties; and
(4) 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; and
(f) 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) One millisievert (100 mrem) per year;
or
(2) Five millisievert (500 mrem)
per year provided the licensee:
a.
Demonstrates that further reductions in residual radioactivity necessary to
comply with the one millisievert/year (100 mrem/y) value of
He-P
4024.09(e) (3) a. are not technically
achievable, would be prohibitively expensive, or would result in net public or
environmental harm;
b. Makes
provisions for durable institutional controls; and
c. Provides sufficient financial assurance,
using an acceptable mechanism listed in
He-P
4024.10(c) , to enable a responsible
government entity or independent third party, including a governmental
custodian of a site, to:
1. Carry out
periodic rechecks of the site no less frequently than every 5 years to assure
that the institutional controls remain in place as necessary to meet the
criteria of He-P 4024.10(b)
; and
2. Assume and carry out responsibilities for
any necessary control and maintenance of those controls.
#8393, eff 7-23-05; ss by #10492, eff
12-24-13
