Current through Register Vol. 48, No. 9, September 27, 2024
2.11.1 Each specific
license expires at midnight on the expiration date stated in the license unless the
licensee has filed an application for renewal under
RHA
2.12 not less than 30 days before the expiration date
stated in the existing license. If an application for renewal has been filed at
least 30 days prior to the expiration date stated in the existing license, the
existing license expires at the end of the day on which the Department makes a final
determination to deny the renewal application or, if the determination states an
expiration date, the expiration date stated in the determination.
2.11.2 Each specific license revoked by the
Department expires at midnight on the date of the Department's final determination
to revoke the license, or on the expiration date stated in the determination, or as
otherwise provided by the Department Order.
2.11.3 Each specific license continues in effect,
beyond the expiration date if necessary, with respect to possession of byproduct
material, source material, or special nuclear material until the Department notifies
the licensee in writing that the license is terminated. During this time, the
licensee shall:
2.11.3.1 Limit actions involving
byproduct material, source material, or special nuclear material to those related to
decommissioning; and
2.11.3.2 Continue
to control entry to restricted areas until they are suitable for release in
accordance with Department requirements.
2.11.4 Within 60 days of the occurrence of any of
the following, consistent with administrative directions in
RHA
2.32, each licensee shall provide notification to the
Department in writing of such occurrence, 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
Department requirements, or submit within 12 months of notification a
decommissioning plan, if required by RHA 2.11.6.1, and begin decommissioning upon
approval of that plan if:
2.11.4.1 The license has
expired pursuant to RHA 2.11.1 or 2.11.2; or
2.11.4.2 The licensee has decided to permanently
cease principal activities, as defined, at the entire site or 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 Department
requirements; or
2.11.4.3 No principal
activities under the license have been conducted for a period of 24 months; or
2.11.4.4 No principal activities have
been conducted for a period of 24 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 Department requirements.
2.11.5 Coincident with the notification
required by RHA 2.11.4, the licensee shall maintain in effect all decommissioning
financial assurances established by the licensee pursuant to RHA 1.15 in conjunction
with a license issuance or renewal or as required by this section. 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 RHA
2.11.7.4.5.
2.11.5.1 Any licensee who has not
provided financial assurance to cover the detailed cost estimate submitted with the
decommissioning plan shall do so when this rule becomes effective November 24,
1998.
2.11.5.2 Following approval of the
decommissioning plan, a licensee may reduce the amount of the financial assurance as
decommissioning proceeds and radiological contamination is reduced at the site with
the approval of the Department.
2.11.6 The Decommissioning Plan.
2.11.6.1 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 Department and these procedures could increase
potential health and safety impacts to workers or the public, such as in any of the
following cases:
2.11.6.1.1 Procedures would
involve techniques not applied routinely during cleanup or maintenance
operations;
2.11.6.1.2 Workers would be
entering areas not normally occupied where surface contamination and radiation
levels are significantly higher than routinely encountered during
operation;
2.11.6.1.3 Procedures could
result in significantly greater airborne concentrations of radioactive materials
than are present during operation; or
2.11.6.1.4 Procedures could result in
significantly greater releases of radioactive material to the environment than those
associated with operation.
2.11.6.2 The Department may approve an alternate
schedule for submittal of a decommissioning plan required pursuant to RHA 2.11.4 if
the Department 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.
2.11.6.3 Procedures such as those listed
in RHA 2.11.6.1 with potential health and safety impacts may not be carried out
prior to approval of the decommissioning plan.
2.11.6.4 The proposed decommissioning plan for the
site or separate building or outdoor area must include:
2.11.6.4.1 A description of the condition of the
site or separate building or outdoor area sufficient to evaluate the acceptability
of the plan;
2.11.6.4.2 A description of
planned decommissioning activities;
2.11.6.4.3 A description of methods used to ensure
protection of workers and the environment against radiation hazards during
decommissioning;
2.11.6.4.4 A
description of the planned final radiation survey; and
2.11.6.4.5 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.
2.11.6.4.6 For decommissioning plans calling for
completion of decommissioning later than 24 months after plan approval, the plan
shall include a justification for the delay based on the criteria in RHA
2.11.8.
2.11.6.4.7 A description of the
physical security plan and material control and accounting plan provisions in place
during decommissioning.
2.11.6.5 The proposed decommissioning plan will be
approved by the Department 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.
2.11.7 Decommissioning and Termination
2.11.7.1 Except as provided in RHA 2.11.8,
licensees shall complete decommissioning of the site or separate building or outdoor
area as soon as practicable but no later than 24 months following the initiation of
decommissioning.
2.11.7.2 Except as
provided in RHA 2.11.8, when decommissioning involves the entire site, the licensee
shall request license termination as soon as practicable but no later than 24 months
following the initiation of decommissioning.
2.11.8 The Department may approve a request for an
alternative schedule for completion of decommissioning of the site or separate
building or outdoor area, and license termination if appropriate, if the Department
determines that the alternative is warranted by consideration of the following:
2.11.8.1 Whether it is technically feasible to
complete decommissioning within the allotted 24-month period;
2.11.8.2 Whether sufficient waste disposal
capacity is available to allow completion of decommissioning within the allotted
24-month period;
2.11.8.3 Whether a
significant volume reduction in wastes requiring disposal will be achieved by
allowing short-lived radionuclides to decay;
2.11.8.4 Whether a significant reduction in
radiation exposure to workers can be achieved by allowing short-lived radionuclides
to decay; and
2.11.8.5 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.
2.11.9 As the final step in
decommissioning, the licensee shall:
2.11.9.1
Certify the disposition of all licensed material, including accumulated wastes, in
writing to the Department; and
2.11.9.2
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 that the premises are suitable for release in some other manner. The
licensee shall, as appropriate:
2.11.9.2.1 Report
levels of gamma radiation in units of millisieverts and microroentgen per hour at
one meter from surfaces, and report levels of radioactivity, including alpha and
beta, in units of megabecquerels and disintegrations per minute or microcuries per
100 square centimeters--removable and fixed--for surfaces, megabecquerels and
microcuries per milliliter for water, and becquerels and picocuries per gram for
solids such as soils or concrete; and
2.11.9.2.2 Specify the survey instrument(s) used
and certify that each instrument is properly calibrated and tested.
2.11.10 Specific licenses,
including expired licenses, will be terminated by written notice to the licensee
when the Department determines that:
2.11.10.1
Byproduct material, source material, and special nuclear material have been properly
disposed;
2.11.10.2 Reasonable effort
has been made to eliminate residual radioactive contamination, if present; and
2.11.10.3 A radiation survey has been
performed which demonstrates that the premises are suitable for release in
accordance with Department requirements, or other information has been submitted by
the licensee that will be sufficient to demonstrate that the premises are suitable
for release in accordance with Department requirements. Residual contamination
levels must be ALARA and must be approved by the Department.
2.11.10.4 Records required by RHA 3.34.5 and
3.34.7 have been received.
The regulations in this part apply to persons licensed by the
Department to receive, possess, use, transfer, or dispose of byproduct, source, or
special nuclear material. The limits in this part do not apply to doses due to
background radiation, due to any medical administration the individual has received,
or to voluntary participation in medical research
programs.
