Current through Register Vol. 24-18, September 15, 2024
(1) Each
specific licensee shall immediately notify the department in writing when the
licensee decides to permanently discontinue all activities involving materials
authorized under the license and request termination of the license. This
notification and request for termination of the license must include the
reports and information specified in subsection (3)(c) and (d) of this section.
The licensee is subject to the provisions of subsections (3) and (4) of this
section, as applicable.
(2) No less
than 30 days before the expiration date specified in a specific license, the
licensee shall either:
(a) Submit an
application for license renewal under WAC
246-235-050;
or
(b) Notify the department in
writing if the licensee decides not to renew the license.
(3) If a specific licensee does not submit an
application for license renewal under WAC
246-235-050,
the licensee shall on or before the expiration date specified in the license:
(a) Terminate use of radioactive
material;
(b) Properly dispose of
radioactive material;
(c) Submit a
completed departmental form "Certificate of disposition of radioactive
material" or equivalent; and
(d)
Submit a radiation survey report to confirm the absence of radioactive
materials or establish the levels of radioactive contamination, unless the
department determines a radiation survey report is not necessary.
(i) If no radioactive contamination
attributable to activities conducted under the license is detected, the
licensee shall submit a certification that no detectable radioactive
contamination was found. If the information submitted under this paragraph and
subsection (3)(c) and (d) of this section is adequate, the department will
notify the licensee in writing that the license is terminated.
(ii) If detectable levels of radioactive
contamination attributable to activities conducted under the license are found,
the license continues in effect beyond the expiration date, if necessary, with
respect to possession of residual radioactive material present as contamination
until the licensee meets the criteria established in chapter 246-246 WAC and
the department notifies the licensee in writing that the license is terminated.
During this time, the licensee is subject to the provisions of subsection (4)
of this section. In addition to the information submitted under subsection
(3)(c) and (d) of this section, the licensee shall submit a plan for
decontamination, if necessary.
(4) Each specific licensee who possesses
residual radioactive material under subsection (3)(d)(ii) of this section,
following the expiration of the license, shall:
(a) Be limited to actions, involving
radioactive material related to decontamination and preparation for release in
accordance with chapter 246-246 WAC; and
(b) Continue to control entry to restricted
areas until:
(i) Such areas are suitable for
release in accordance with chapter 246-246 WAC;
(ii) Contaminated equipment complies with
guidance contained in WAC
246-232-140, Schedule
D; and
(iii) The department
notifies the licensee in writing that the license is
terminated.
(5)
Each general licensee licensed under the provisions of WAC
246-233-040,
shall immediately notify the department in writing when the licensee decides to
discontinue all activities involving radioactive materials authorized under the
general license. Such notification shall include a description of how the
generally licensed material was disposed and the results of facility surveys,
if applicable, to confirm the absence of radioactive materials.
(6) Within 60 days of the occurrence of any
of the following, each specific 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 site, building, or outdoor area is suitable for
release in accordance with chapter 246-246 WAC, or submit within 12 months of
notification a decommissioning plan, if required by subsection (10)(a) of this
section, and begin decommissioning upon approval of that plan if:
(a) The license has expired or has been
revoked by the department; or
(b)
The licensee has decided to permanently cease principal activities, as defined
in this section, at the entire site or in any separate building or outdoor area
that contains residual radioactivity such that the site, building, or outdoor
area is unsuitable for release in accordance with chapter 246-246 WAC;
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 in accordance with chapter 246-246 WAC.
(7) As used in this section,
principal activities means activities authorized by the license which are
essential to achieving the purpose(s) for which the license was issued or
amended. Storage during which no licensed material is accessed for use or
disposal and activities incidental to decontamination or decommissioning are
not principal activities.
(8)
Coincident with the notification required by subsection (6) of this section,
the licensee shall maintain in effect all decommissioning financial assurances
established by the licensee pursuant to WAC
246-235-075
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 subsection (10)(d)(v) of
this section. 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.
(9) The department may
grant a request to extend the time periods established in subsection (6) of
this section if the department 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 (6) of this section. The schedule for decommissioning set forth in
subsection (6) of this section may not commence until the department has made a
determination on the request.
(10)
(a) 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 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 department may approve an alternate
schedule for submittal of a decommissioning plan required pursuant to
subsection (6) of this section 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.
(c) Procedures such as those listed in (a) of
this subsection 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;
(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)
A description of the physical security plan and material control and accounting
plan provisions in place during decommissioning;
(vii) 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 (12) of this section.
(e) 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.
(11)
(a) Except as provided in subsection (12) of
this section, 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.
(b) Except as provided in subsection (12) of
this section, 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.
(12) 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:
(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
department may consider appropriate on a case-by-case basis, 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.
(13) As the final step in decommissioning,
the licensee shall:
(a) Certify the
disposition of all licensed material, including accumulated wastes, by
submitting a completed certificate of disposition of radioactive material 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 chapter 246-246
WAC. 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.
(14)
Specific licenses, including expired licenses, will be terminated by written
notice to the licensee when the department determines that:
(a) Radioactive material has been properly
disposed;
(b) Reasonable effort has
been made to eliminate residual radioactive contamination, if present;
and
(c)
(i) A radiation survey has been performed
which demonstrates that the premises are suitable for release in accordance
with the criteria for decommissioning in chapter 246-246 WAC; 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 chapter 246-246
WAC; and
(d) Records
required by subsections (16) and (18) of this section have been
received.
(15) Specific
licenses for uranium and thorium milling are exempt from subsections (6)(d),
(9) and (10) of this section with respect to reclamation of tailings
impoundments or waste disposal areas.
(16) Prior to license termination, each
licensee authorized to possess radioactive material with a half-life greater
than 120 days, in an unsealed form, shall forward the following records to the
department:
(a) Records of disposal required
by WAC
246-221-230(8)(a);
and
(b) Records of results required
by WAC
246-221-230(7)(h).
(17) If licensed activities are transferred
or assigned in accordance with WAC
246-232-050(2),
each licensee authorized to possess radioactive material, with a half-life
greater than 120 days, in an unsealed form, shall transfer the following
records to the new licensee and the new licensee will be responsible for
maintaining these records until the license is terminated:
(a) Records of disposal required by WAC
246-221-230(8)(a);
and
(b) Records of results required
by WAC
246-221-230(7)(h).
(18) Prior to license termination, each
licensee shall forward the records required by WAC
246-235-075(6) to the department.
Statutory Authority:
RCW
70.98.050. 04-04-055, § 246-232-060,
filed 1/30/04, effective 3/1/04; 00-07-085, § 246-232-060, filed 3/15/00,
effective 4/15/00; 99-15-105, § 246-232-060, filed 7/21/99, effective
8/21/99. Statutory Authority:
RCW
70.98.050 and
70.98.080. 97-08-095, §
246-232-060, filed 4/2/97, effective 5/3/97; 91-15-112 (Order 184), §
246-232-060, filed 7/24/91, effective 8/24/91. Statutory Authority:
RCW
43.70.040. 91-02-049 (Order 121), recodified
as § 246-232-060, filed 12/27/90, effective 1/31/91. Statutory Authority:
RCW
70.98.080. 83-19-050 (Order 2026), §
402-19-330, filed 9/16/83.
