New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-P - Former Division of Public Health Services
Chapter He-P 4000 - NEW HAMPSHIRE RULES FOR THE CONTROL OF RADIATION
Part He-P 4024 - DECOMMISSIONING
Section He-P 4024.11 - Alternate Criteria for License Termination

Universal Citation: NH Admin Rules He-P 4024.11

Current through Register No. 40, October 3, 2024

(a) The DHHS/RHS shall terminate a license using alternate criteria greater than the dose criteria of He-P 4024.09(a) , He-P 4024.10(b) , and He-P 4024.10(e) (1) a.1. only if the licensee:

(1) Provides assurance that public health and safety would continue to be protected, and that it is unlikely that the dose from all man-made sources combined, other than medical, would be more than the one millisievert/year (100 mrem/y) limit of He-P 4020.13 and He-P 4020.14, by submitting an analysis of possible sources of exposure;

(2) Has employed, to the extent practical, restrictions on site use according to the provisions of He-P 4024.10 in minimizing exposures at the site;

(3) Reduces doses to ALARA levels, taking into consideration any detriments such as traffic accidents expected to potentially result from decontamination and waste disposal;

(4) Has submitted a decommissioning plan to the DHHS/RHS indicating the licensee's intent to decommission in accordance with this part and specifying that the licensee proposes to decommission by use of alternate criteria; and

(5) Has provided sufficient financial assurance in the form of a trust fund 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.

(b) The licensee shall document in the decommissioning plan required by (a) (4) above, how the advice of individuals and institutions in the community who may be affected by the decommissioning has been sought and addressed, as appropriate, following analysis of that advice.

(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.

(d) The use of alternate criteria to terminate a license shall require the approval of the DHHS/RHS after consideration of the staff's recommendations addressing comments provided by federal, state, and local governments and any public comments submitted pursuant to He-P 4024.13.

#8393, eff 7-23-05; ss by #10492, eff 12-24-13

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