Ohio Administrative Code
Title 3701:1 - Radiation Control
Chapter 3701:1-38 - General Radiation Protection Standards for Sources of Radiation
Section 3701:1-38-22 - Decommissioning
Current through all regulations passed and filed through March 18, 2024
(A) This rule applies to the decommissioning of facilities licensed under Chapter 3748. of the Revised Code. For low-level waste disposal facilities, this rule applies only to ancillary surface facilities that support radioactive waste disposal activities. This rule does not apply to uranium and thorium recovery facilities already subject to source material licensing requirements in Chapter 3701:1-44 of the Administrative Code or to uranium solution extraction facilities.
(B) Decommissioning with license termination shall be limited to sites considered acceptable for unrestricted release where the residual radioactivity that is distinguishable from background radiation results in a total effective dose equivalent (TEDE) to an average member of the critical group that does not exceed 0.25 millisievert (twenty-five millirem) per year, including that from groundwater sources of drinking water, and the residual radioactivity has been reduced to levels that are as low as reasonably achievable (ALARA). Determination of the levels which are ALARA must take into account consideration of detriments, such as deaths from transportation accidents, expected to potentially result from decontamination and waste disposal.
(C) After a facility has been decommissioned and the license terminated in accordance with the criteria in this rule, the director will require additional cleanup only if, based on new information, it is determined that the criteria of this rule were not met and residual radioactivity remaining at the site could result in a significant threat to public health and safety. When calculating TEDE to the average member of the critical group the licensee shall determine the peak annual TEDE dose expected within the first one thousand years after decommissioning.
(D) A licensee may decommission a facility and maintain a decommissioning possession only license using alternate criteria greater than the dose criterion specified in paragraph (B) of this rule, provided that the licensee:
(E) When a decommissioning with restrictions is proposed by a licensee, a decommissioning possession only license is required to assure that the provisions of the decommissioning plan as approved by the director remain effective. The license will contain a condition that the director will not require further cleanup unless he or she determines that the criteria of this rule or terms of the license were not met or that residual radioactivity at the site could result in a significant threat to public health and safety.
(F) Any facility that has been decommissioned and has had the United States nuclear regulatory commission license terminated in accordance with a plan approved by the commission on or before August 31, 1999, will not be required to obtain a license or conduct further cleanup unless the director determines that residual radioactivity at the site could result in a significant threat to the public health and safety.
(G) Applicants for licenses, other than renewals, shall describe in the application how facility design and procedures for operation will minimize, to the extent practical, contamination of the facility and the environment, facilitate eventual decommissioning, and minimize, to the extent practical, the generation of radioactive waste.
(H) Licensees shall, to the extent practical, conduct operations to minimize the introduction of residual radioactivity into the site, including the subsurface, in accordance with the existing radiation protection requirements in rule 3701:1-38-11 of the Administrative Code and radiological criteria for license termination in accordance with this rule.
Five Year Review (FYR) Dates:
1/24/2022 and
01/20/2027
Promulgated
Under:
119.03
Statutory Authority:
3748.04
Rule Amplifies:
3748.04
Prior Effective Dates: 07/22/2001, 10/22/2006, 09/01/2011,
11/14/2013, 08/30/2015