Current through Bulletin 2024-06, March 15, 2024
(1) A
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
Section
R313-22-37 no
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 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.
(2) A 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 an Order issued by the
Director.
(3) A specific license
continues in effect, beyond the expiration date if necessary, with respect to
possession of radioactive material until the Director notifies the licensee in
writing that the license is terminated. During this time, the licensee shall:
(a) limit actions involving radioactive
material to those related to decommissioning; and
(b) continue to control entry to restricted
areas until they are suitable for release so that there is not an undue hazard
to public health and safety or the environment.
(4) Within 60 days of the occurrence of any
of the following, a licensee shall provide notification to the Director 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 so that there is not an
undue hazard to public health and safety or the environment, or submit within
12 months of notification a decommissioning plan, if required by Subsection
R313-22-36(7), and begin decommissioning upon approval of that plan if:
(a) the license has expired pursuant to
Subsections R313-22-36(1) or (2); or
(b) the licensee has decided to permanently
cease principal activities 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 because of an undue hazard to public
health and safety or the environment; or
(c) no principal activities under the license
have been conducted for a period of 24 months; or
(d) 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 because of an undue hazard to public health and safety
or the environment.
(5)
Coincident with the notification required by Subsection R313-22-36(4), the
licensee shall maintain in effect all decommissioning financial assurances
established by the licensee pursuant to Section
R313-22-35
in conjunction with a license issuance or renewal or as required by Section
R313-22-36. 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 Subsection R313-22-36(7)(d)(v).
(a) A licensee who has not provided financial
assurance to cover the detailed cost estimate submitted with the
decommissioning plan shall do so on or before August 15, 1997.
(b) 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 Director.
(6) The Director may grant a request to
extend the time periods established in Subsection R313-22-36(4) if the Director
determines that this 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 30 days before notification pursuant to Subsection R313-22-36(4). The
schedule for decommissioning set forth in Subsection R313-22-36(4) may not
commence until the Director has made a determination on the request.
(7)
(a) A
decommissioning plan shall 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:
(i) procedures would involve techniques not
applied routinely during cleanup or maintenance operations;
(ii) workers would be entering areas not
normally occupied where surface contamination and radiation levels are
significantly higher than routinely encountered during operation;
(iii) procedures could result in
significantly greater airborne concentrations of radioactive materials than are
present during operation; or
(iv)
procedures could result in significantly greater releases of radioactive
material to the environment than those associated with operation.
(b) The Director may approve an
alternate schedule for submittal of a decommissioning plan required pursuant to
Subsection R313-22-36(4) 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.
(c) Procedures such as those listed in
Subsection R313-22-36(7)(a) with potential health and safety impacts may not be
carried out prior to approval of the decommissioning plan.
(d) The proposed decommissioning plan for the
site or separate building or outdoor area must include:
(i) a description of the conditions of the
site or separate building or outdoor area sufficient to evaluate the
acceptability of the plan;
(ii) a
description of planned decommissioning activities;
(iii) a description of methods used to ensure
protection of workers and the environment against radiation hazards during
decommissioning;
(iv) a description
of the planned final radiation survey; and
(v) 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.
(vi)
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 Subsection R313-22-36(8).
(e) The proposed decommissioning plan will be
approved by the Director if the information therein demonstrates that the
decommissioning will be completed as soon as practical and that the health and
safety of workers and the public will be adequately protected.
(8)
(a) Except as provided in Subsection
R313-22-36(9), licensees shall complete decommissioning of the site or separate
building or outdoor area as soon as practical but no later than 24 months
following the initiation of decommissioning.
(b) Except as provided in Subsection
R313-22-36(9), when decommissioning involves the entire site, the licensee
shall request license termination as soon as practical but no later than 24
months following the initiation of decommissioning.
(9) The Director 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
Director determines that the alternative is warranted by consideration of the
following:
(a) whether it is technically
feasible to complete decommissioning within the allotted 24-month
period;
(b) whether sufficient
waste disposal capacity is available to allow completion of decommissioning
within the allotted 24-month period;
(c) whether a significant volume reduction in
wastes requiring disposal will be achieved by allowing short-lived
radionuclides to decay;
(d) whether
a significant reduction in radiation exposure to workers can be achieved by
allowing short-lived radionuclides to decay; and
(e) other site-specific factors which the
Director 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.
(10) As the final step in decommissioning,
the licensee shall:
(a) certify the
disposition of all licensed material, including accumulated wastes, by
submitting a completed Form DRC-14 or equivalent information; and
(b) 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 Sections
R313-15-401
through
R313-15-406.
The licensee shall, as appropriate:
(i)
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 100 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
(ii) specify the survey instrument(s) used
and certify that each instrument is properly calibrated and tested.
(11) Specific licenses,
including expired licenses, will be terminated by written notice to the
licensee when the Director determines that:
(a) radioactive material has been properly
disposed;
(b) reasonable effort has
been made to eliminate residual radioactive contamination, if present;
and
(c) documentation is provided
to the Director that:
(i) a radiation survey
has been performed which demonstrates that the premises are suitable for
release in accordance with the criteria for decommissioning in Sections
R313-15-401
through
R313-15-406;
or
(ii) 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 Sections
R313-15-401
through
R313-15-406.
