Current through all regulations passed and filed through March 18, 2024
(A) 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 rule
3701:1-38-02 of the
Administrative Code not less than ninety days before the expiration date stated
in the existing license. If an application for renewal has been filed at least
ninety days before the expiration date stated in the existing license, the
existing license expires at the end of the day on which the director makes a
final determination to deny the renewal application or, if the determination
states an expiration date, the expiration date stated in the
determination.
(B) Each specific
license revoked by the director expires at the end of the day on the date of
the director's final determination to revoke the license, or on the expiration
date stated in the determination, or as otherwise provided by director
order.
(C) Each specific license
will
continue in effect and
will be renewed during the decommissioning period
until the director notifies the licensee in writing after decommissioning that
the license is terminated. During this time, the licensee
will:
(1) Limit actions involving TENORM to those
related to decommissioning; and
(2)
Continue to control entry to any restricted area until that area is suitable
for release in accordance with director requirements as may be imposed by
Chapter 3748. of the Revised Code or rules adopted thereunder.
(D) A licensee
will
provide written notice to the director within sixty days of the occurrence of
any of the following, in accordance with rule
3701:1-43-04 of the
Administrative Code:
(1) The license has
expired;
(2) The licensee has
decided to permanently cease licensed activities at the entire site or in any
separate building, room, or outdoor area that is unsuitable for release in
accordance with the definition of "decommissioning" in Chapter 3748. of the
Revised Code and the regulations for decommissioning in rule
3701:1-38-22 of the
Administrative Code;
(3) No
licensed activities have been conducted for a period of twenty-four months;
or
(4) No licensed activities have
been conducted for a period of twenty-four months in any separate building,
room, or outdoor area that contains residual radioactivity such that the
building, room, or outdoor area is unsuitable for release in accordance with
Chapter 3748. of the Revised Code and the rule adopted thereunder.
(E) In the event of an occurrence
as set forth in paragraph (D) of this rule, the licensee
will
either:
(1) Begin decommissioning the site,
and any separate building, room or outdoor area that contains residual
radioactivity so that the site, building, room and outdoor area are suitable
for release in accordance with Chapter 3748. of the Revised Code and the rules
adopted thereunder; or
(2) If
prescribed by paragraph (H)(1) of this rule, submit
within twelve months of notification, a decommissioning plan and begin
decommissioning upon the director's approval of that plan.
(F) In addition to written notification of an
occurrence, the licensee
will maintain all decommissioning financial
assurances established by the licensee pursuant to rule
3701:1-43-12 of the
Administrative Code in conjunction with a license issuance or renewal or as
prescribed by this rule.
(G) The director may grant a request to
extend the twelve-month time period to submit a decommissioning plan
established in paragraph (E)(2) of this rule provided that the director
determines that the alternative schedule is necessary to the effective conduct
of decommissioning operations and that the extension is not detrimental to the
public health and safety or the environment and is otherwise in the public
interest. The extension request
will be submitted no later than thirty days after
the occurrence for which notification is
prescribed.
Decommissioning set forth in paragraph (E)(2) of this rule
will not
commence until the director has made a determination on the extension
request.
(H) The licensee
will
submit a decommissioning plan to the director prior to commencing any
decommissioning in the following cases:
(1) If
prescribed by license condition; or
(2) If the procedures and activities
necessary to carry out decommissioning of the site or separate building, room,
or outdoor area have not been previously approved by the director and these
procedures could increase potential health and safety risk to workers or to the
public, such as in any of the following cases:
(a) Decommissioning procedures would involve
techniques not applied routinely during cleanup or maintenance
operations;
(b) Workers would be
entering areas not normally occupied where surface contamination and radiation
levels are significantly higher than routinely encountered during operation;
or
(c) Decommissioning procedures
could result in significantly greater releases of radioactive material to the
environment than those associated with operation.
(I) A proposed decommissioning
plan for a site or separate building, room or outdoor area
will
include the following:
(1) A description of
the conditions of the site or separate building, room or outdoor area
sufficient to evaluate the acceptability of the plan;
(2) A description of planned decommissioning
activities;
(3) A description of
methods used to ensure protection of workers and the environment against
radiation hazards during decommissioning;
(4) A description of the planned final
radiation survey;
(5) 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
(6) In the case of a decommissioning plan
that results in the licensee completing decommissioning later than twenty-four
months after plan approval, the plan
will include a justification for the delay based
on the criteria in paragraph (K) of this rule. The proposed decommissioning
plan will be approved by the director if the information therein demonstrates
compliance with Chapter 3748. of the Revised Code and the rules adopted
thereunder, 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.
(J) Except as
provided in paragraph (K) of this rule, a licensee
will:
(1) Complete decommissioning of the site or
separate building or outdoor area as soon as practicable but no later than
twenty-four months following the initiation of decommissioning; and
(2) When decommissioning involves the entire
site, the licensee
will request license termination as soon as
practicable but no later than twenty-four months following the initiation of
decommissioning, unless the decommissioning is still actively in
progress.
(K) The
director may approve a request for an alternative schedule for completion of
decommissioning and license termination. In considering whether an alternative
schedule is warranted, the director
will consider the following:
(1) Whether it is technically feasible to
complete decommissioning within a twenty-four month period;
(2) Whether sufficient waste disposal
capacity is available to allow completion of decommissioning within a
twenty-four month period;
(3)
Whether a significant volume reduction in wastes requiring disposal will be
achieved by allowing short-lived radionuclides to decay;
(4) Whether a significant reduction in
radiation exposure to workers can be achieved by allowing short-lived
radionuclides to decay; and
(5) Any
other factor that the director finds is unique to the site, such as the
regulatory requirements of other government agencies, lawsuits, groundwater
treatment activities, monitored natural groundwater restoration, actions that
could result in more environmental harm than deferred cleanup, and other
factors beyond the control of the licensee.
(L) After decommissioning the site, the
licensee
will:
(1) Certify
the disposition of all licensed material, including accumulated wastes, by
submitting a completed form HEA 5119, disposition of radioactive materials,
provided by the director; and
(2)
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 in some other manner that the premises are suitable for
release in accordance with the criteria for decommissioning set forth in rules
promulgated pursuant to Chapter 3748. of the Revised Code. The licensee
will
survey and report as follows:
(a) Levels of
gamma radiation expressed in the SI unit of sieverts or in the special unit of
rem, or their multiples, per unit of time at one meter from surfaces;
(b) Levels of removable and fixed surface
radioactive contamination, including alpha and beta, expressed in the SI unit
of becquerels, disintegrations per minute, or in the special unit of curies, or
their multiples, per one hundred square centimeters;
(c) Levels of volumetric radioactive
contamination as follows:
(i) For water,
results should be expressed in the SI unit of becquerels, disintegrations per
minute, or in the special unit of or curies, or their multiples, per milliliter
of water; and
(ii) For solids such
as soils or concrete, results should be expressed in the SI unit of becquerels,
disintegrations per minute, or in the special unit of or curies, or their
multiples, per gram; and
(d) Identification of any survey instrument
used and a certification that each instrument was properly calibrated and
tested prior to being used to measure radioactivity at the site.
(M) Specific licenses,
including expired licenses, will be terminated by written notice to the
licensee when the director determines that:
(1) TENORM has been properly
disposed;
(2) Reasonable effort has
been made to eliminate residual radioactive contamination, if
present;
(3) A radiation survey has
been performed which demonstrates that the premises are suitable for release in
accordance with the criteria for decommissioning, or other information is
submitted by the licensee that is sufficient to demonstrate that the premises
are suitable for release in accordance with the criteria for decommissioning in
this chapter and rule
3701:1-38-22 of the
Administrative Code adopter pursuant to Chapter 3748. of the Revised Code;
and
(4) All applicable fees have
been paid.