Current through all regulations passed and filed through March 18, 2024
(A)
Each applicant for a specific license authorizing
possession and use of unsealed special nuclear material in quantities specified
in paragraph (B) of this rule shall either:
(1)
Submit a
decommissioning funding plan as described in paragraph (C) of this rule;
or
(2)
Submit a certification that financial assurance for
decommissioning has been provided in the amount prescribed by paragraph (B) of
this rule using one of the methods described in rule
3701:1-40-17
of the Administrative Code. For an applicant, this certification may state that
the appropriate assurance will be obtained after the application has been
approved and the license issued but before the receipt of licensed material. If
the applicant defers execution of the financial instrument until after the
license has been issued, a signed original of the financial instrument obtained
to satisfy the requirements of rule
3701:1-40-17
of the Administrative Code must be submitted to the director prior to receipt
of licensed material. If the applicant does not defer execution of the
financial instrument, the applicant shall submit to the director, as part of
the certification, a signed original of the financial instrument obtained to
satisfy the requirements of rule
3701:1-40-17
of the Administrative Code.
(B)
Prior to the
director issuing a radioactive materials license, an applicant providing
certification of financial assurance for decommissioning as specified in
paragraph (A)(1) of this rule shall provide the certification in a monetary
amount based upon the quantity of licensed material specified as follows:
(1)
Greater than ten
thousand but less than or equal to one hundred thousand times the applicable
quantities in appendix A to rule
3701:1-40-17
of the Administrative Code. For a combination of radionuclides if R, where R is
defined as the sum of the ratios of the quantity of each radionuclide to the
applicable value in appendix A to rule
3701:1-40-17
of the Administrative Code, divided by ten thousand is greater than one but R
divided by one hundred thousand is less than or equal to one, the sum of one
million one hundred twenty-five thousand dollars.
(2)
Greater than one
thousand but less than or equal to ten thousand times the applicable quantities
of appendix A to rule
3701:1-40-17
of the Administrative Code. For a combination of radionuclides, if R, where R
is defined as the sum of the ratios of the quantity of each radionuclide to the
applicable value in appendix A to rule
3701:1-40-17
of the Administrative Code, divided by one thousand is greater than one but R
divided by ten thousand is less than or equal to one, the sum of two hundred
twenty-five thousand dollars.
(C)
Each
decommissioning funding plan must be submitted for review and approval and must
contain:
(1)
A
detailed cost estimate for decommissioning, in an amount reflecting:
(a)
The cost of an
independent contractor to perform all decommissioning
activities;
(b)
The cost of meeting the criteria specified in
paragraph (B) of rule
3701:1-38-22 of
the Administrative Code for unrestricted use, provided that, if the applicant
or licensee can demonstrate its ability to meet the provisions of paragraph (D)
of rule
3701:1-38-22 of
the Administrative Code, the cost estimate may be based on meeting this
criteria;
(c)
The volume of onsite subsurface material containing
residual radioactivity that will require remediation; and
(d)
An adequate
contingency factor.
(2)
Identification
of and justification for using the key assumptions contained in the
decommissioning cost estimate;
(3)
A description of
the method of assuring funds for decommissioning in accordance with rule
3701:1-40-17
of the Administrative Code, including means for adjusting cost estimates and
associated funding levels periodically over the life of the
facility;
(4)
A certification by the licensee that financial
assurance for decommissioning has been provided in the amount of the cost
estimate for decommissioning; and
(5)
A signed
original of the financial instrument obtained to satisfy the requirements of
rule
3701:1-40-17
of the Administrative Code (unless a previously submitted and accepted
financial instrument continues to cover the cost estimate for
decommissioning).
(D)
At the time of
license renewal and at intervals not to exceed three years, the decommissioning
funding plan must be resubmitted with adjustments as necessary to account for
the changes in costs and the extent of contamination. If the amount of
financial assurance will be adjusted downward, this cannot be done until the
updated decommissioning funding plan is approved. The decommissioning funding
plan must update the information submitted with the original or prior approved
plan, and must specifically consider the effect of the following events on
decommissioning costs:
(1)
Spills of radioactive material producing additional
residual radioactivity in onsite subsurface material;
(2)
Waste inventory
increasing above the amount previously estimated;
(3)
Waste disposal
costs increasing above the amount previously estimated;
(4)
Facility
modifications;
(5)
Changes in authorized possession
limits;
(6)
Actual remediation costs that exceed the previous
estimate;
(7)
Onsite disposal; and
(8)
Use of a
settling pond.
(E)
Each person licensed under Chapter 3701:1-56 of the
Administrative Code shall keep records of information important to the
decommissioning of a facility in an identified location until the site is
released for unrestricted use. If records important to the decommissioning of a
facility are kept for other purposes, reference to these records and their
locations may be used. Information the director considers important to
decommissioning consists of:
(1)
Records of spills or other unusual occurrences
involving the spread of contamination in and around the facility, equipment, or
site. These records may be limited to instances when contamination remains
after any cleanup procedures or when there is reasonable likelihood that
contaminants may have spread to inaccessible areas as in the case of possible
seepage into porous materials such as concrete. These records must include any
known information on identification of involved nuclides, quantities, forms,
and concentrations.
(2)
As-built drawings and modifications of structures and
equipment in restricted areas where radioactive materials are used and/or
stored, and of locations of possible inaccessible contamination such as buried
pipes which may be subject to contamination. If required drawings are
referenced, each relevant document need not be indexed individually. If
drawings are not available, the licensee shall substitute appropriate records
of available information concerning these areas and locations.
(3)
Except for areas
containing only sealed sources (provided the sources have not leaked or no
contamination remains after cleanup of any leak), a list contained in a single
document and updated every two years, of the following:
(a)
All areas
designated and formerly designated as restricted areas as defined in rule
3701:1-38-01 of the
Administrative Code;
(b)
All areas outside of restricted areas that require
documentation under paragraph (D)(1) of this rule;
(c)
All areas
outside of restricted areas where current and previous wastes have been buried
as documented under paragraph (K) of rule
3701:1-38-20 of the
Administrative Code; and
(d)
All areas outside of restricted areas that contain
material such that, if the license expired, the licensee would be required to
either decontaminate the area to meet the criteria for decommissioning in rule
3701:1-38-22 of
the Administrative Code, or apply for approval for disposal under paragraph (C)
of rule
3701:1-38-19 of
the Administrative Code.
(4)
Records of the
cost estimate performed for the decommissioning funding plan or of the amount
certified for decommissioning, and records of the funding method used for
assuring funds if either a funding plan or certification is used.
Replaces: 3701:1-56-19
Five Year Review (FYR) Dates:
06/07/2016 and
06/01/2021
Promulgated
Under: 119.03
Statutory
Authority: 3748.04
Rule
Amplifies: 3748.04
Prior
Effective Dates: 10/8/2007, 9/1/12,
11/22/13