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 the director's
order.
(C) Each specific license
continues in effect, beyond the expiration date if necessary, with respect to
possession of source material until the director notifies the licensee in
writing that the license is terminated. During this time, the licensee shall:
(1) Limit actions involving source material
to those related to decommissioning; and
(2) Continue to control entry to restricted
areas until they are suitable for release in accordance with the director's
requirements;
(D) Within
sixty days of the occurrence of any of the following, consistent with the
administrative directions in rule
3701:1-44-05 of
the Administrative Code, each licensee shall provide notification to the
department in writing and either begin decommissioning its site, or any
separate building or outdoor area that contains residual radioactivity, so that
the building or outdoor area is suitable for release in accordance with
director's requirements, or submit within twelve months of notification a
decommissioning plan, if required by paragraph (G)(1) of this rule, and begin
decommissioning upon approval of that plan if:
(1) The license has expired pursuant to
paragraph (A) or (B) of this rule; or
(2) The licensee has decided to permanently
cease principal activities, as defined in this chapter, at the entire site or
in any separate building or outdoor area; or
(3) No principal activities under the license
have been conducted for a period of twenty-four months; or
(4) No principal activities have been
conducted for a period of twenty-four months in any separate building or
outdoor area that contains residual radioactivity such that the building or
outdoor area is unsuitable for release in accordance with director's
requirements.
(E)
Coincident with the notification required by paragraph (D) of this rule, the
licensee shall maintain in effect all decommissioning financial assurances
established by the licensee pursuant to rule
3701:1-44-18
of the Administrative Code in conjunction with a license issuance or renewal or
as required by this rule. The amount of the financial assurance must be
increased, or may be decreased, as appropriate, to cover the detailed cost
estimate for decommissioning established pursuant to paragraph (G) (4)(e) of
this rule.
(F) The director may grant a request to delay
or postpone initiation of the decommissioning process if the director
determines that such relief is not detrimental to the public health and safety
and is otherwise in the public interest. The request must be submitted no later
than thirty days before notification pursuant to paragraph (D) of this rule.
The schedule for decommissioning set forth in paragraph (D) of this rule may
not commence until the director has made a determination on the
request.
(G)
(1) A decommissioning plan must be submitted
if required by license condition or if the procedures and activities necessary
to carry out decommissioning of the site or separate building or outdoor area
have not been previously approved by the director and these procedures could
increase potential health and safety impacts to workers or to the public, such
as in any of the following cases:
(a)
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;
(c) Procedures could
result in significantly greater airborne concentrations of radioactive
materials than are present during operation; or
(d) Procedures could result in significantly
greater releases of radioactive material to the environment than those
associated with operation.
(2) The director may approve an alternate
schedule for submittal of a decommissioning plan required pursuant to paragraph
(D) of this rule if the director determines that the alternative schedule is
necessary to the effective conduct of decommissioning operations and presents
no undue risk from radiation to the public health and safety and is otherwise
in the public interest.
(3) The
procedures listed in paragraph (G)(1) of this rule may not be carried out prior
to approval of the decommissioning plan.
(4) The proposed decommissioning plan for the
site or separate building or outdoor area must include:
(a) A description of the conditions of the
site or separate building or outdoor area sufficient to evaluate the
acceptability of the plan;
(b) A
description of planned decommissioning activities;
(c) A description of methods used to ensure
protection of workers and the environment against radiation hazards during
decommissioning;
(d) A description
of the planned final radiation survey; and
(e) 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.
(f)
For decommissioning plans calling for completion of decommissioning later than
twenty-four months after plan approval, a justification for the delay based on
the criteria in paragraph (I) of this rule.
(5) The proposed decommissioning plan will be
approved by the director if the information therein demonstrates 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.
(H)
(1) Except as provided in paragraph (I) of
this rule, licensees shall 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.
(2) Except as provided in paragraph (I) of
this rule, when decommissioning involves the entire site, the licensee shall
request license termination as soon as practicable but no later than
twenty-four months following the initiation of decommissioning.
(I) The director may approve a
request for an alternate schedule for completion of decommissioning of the site
or separate building or outdoor area, and license termination if appropriate,
if the director determines that the alternative is warranted by consideration
of the following:
(1) Whether it is
technically feasible to complete decommissioning within the allotted
twenty-four month period;
(2)
Whether sufficient waste disposal capacity is available to allow completion of
decommissioning within the allotted 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) Other site-specific factors which the
department may consider appropriate on a case-by-case basis, such as the
regulatory requirements of other government agencies, lawsuits, ground-water
treatment activities, monitored natural ground-water restoration, actions that
could result in more environmental harm than deferred cleanup, and other
factors beyond the control of the licensee.
(J) As the final step in decommissioning, the
licensee shall:
(1) Certify the disposition of
all licensed material, including accumulated wastes, by submitting a completed
form HEA 5119 "Certificate of Disposition of Materials" or equivalent
information; 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 in rule
3701:1-38-22 of
the Administrative Code or, for uranium milling (uranium and thorium recovery)
facilities, criterion 6(6) in the appendix to rule
3701:1-44-14
of the Administrative Code. The licensee shall, as appropriate:
(a) Report levels of gamma radiation in units
of millisieverts (microroentgen) per hour at one meter from surfaces, and
report levels of radioactivity, including alpha and beta, in units of
megabecquerels (disintegrations per minute or microcuries) per one hundred
square centimeters removable and fixed for surfaces, megabecquerels
(microcuries) per milliliter for water, and becquerels (picocuries) per gram
for solids such as soils or concrete; and
(b) Specify the survey instrument(s) used and
certify that each instrument is properly calibrated and tested.
(K) Specific licenses,
including expired licenses, will be terminated by written notice to the
licensee when the director determines that:
(1) Source material has been properly
disposed;
(2) Reasonable effort has
been made to eliminate residual radioactive contamination, if present;
and
(3)
(a) A radiation survey has been performed
which demonstrates that the premises are suitable for release in accordance
with the criteria for decommissioning in rule
3701:1-38-22 of
the Administrative Code or, for (uranium and thorium recovery) facilities,
criterion 6(6) in the appendix to rule
3701:1-44-14
of the Administrative Code; or
(b)
Other information submitted by the licensee is sufficient to demonstrate that
the premises are suitable for release in accordance with the criteria for
decommissioning in rule
3701:1-38-22 of
the Administrative Code or, for uranium milling (uranium and thorium recovery)
facilities, criterion 6(6) in the appendix to rule
3701:1-44-14
of the Administrative Code.
(4) Records required by paragraphs (D) and
(F) of rule
3701:1-44-23 of the
Administrative Code have been received.
(L) Specific licenses for uranium and thorium
milling are exempt from paragraphs (D)(4), (G) and (H) of this rule with
respect to reclamation of tailings impoundments and/ or waste disposal
areas.