Iowa Admin. Code r. 641-40.28 - Radiological criteria for license termination
(1) The criteria in this rule apply to the
decommissioning of facilities licensed under 641-Chapter 39, and to the release
of part of a facility or site for unrestricted use, as well as other facilities
subject to the agency's jurisdiction under Iowa Code chapter 136C.
(2) The criteria in this rule do not apply to
sites which:
a. Have been decommissioned prior
to July 1, 1999, in accordance with criteria identified in 641-subrule
39.4(33).
b. Have previously
submitted and received agency approval on a license termination plan (LTP) or
decommissioning plan that is compatible with the United States Nuclear
Regulatory Commission (NRC) Site Decommissioning Management Plan (SDMP) Action
Plan criteria; or
c. Submit a
sufficient LTP or decommissioning plan prior to July 1, 1999, and such LTP or
decommissioning plan is approved by the agency prior to July 1, 1999, except
that if an environmental impact statement is required in the submittal, there
will be a provision for day-to-day extension.
(3) After a site has been decommissioned and
the license terminated in accordance with the criteria in this chapter, or
after part of a facility or site has been released for unrestricted use in
accordance with this chapter, the agency will require additional cleanup only
if, based on new information, it determines that the criteria of this chapter
were not met and residual radioactivity remaining at the site could result in
significant threat to public health and safety.
(4) When calculating TEDE to the average
member of the critical group the licensee shall determine the peak annual TEDE
dose expected within the first 1000 years after decommissioning.
(5) Public notification and public
participation. Upon the receipt of an LTP or decommissioning plan from the
licensee or a proposal by the licensee for release of a site pursuant to
40.30(136C) or 40.31(136C) or whenever the agency deems such notice to be in
the public interest, the agency shall:
a.
Notify and solicit comments from:
(1) Local
and state governments in the vicinity of the site and any Indian nation or
other indigenous people that have treaty or statutory rights that could be
affected by the decommissioning; and
(2) The Environmental Protection Agency for
cases where the licensee proposes to release a site pursuant to
40.31(136C).
b. Publish
a notice in the Iowa Administrative Bulletin and in a forum, such as local
newspapers, letters to state or local organizations, or other appropriate
forum, that is readily accessible to individuals in the vicinity of the site,
and solicit comments from affected parties.
(6) Minimization of contamination. Applicants
for licenses, other than renewals, after July 1, 1999, shall describe in the
application how facility design and procedures for operation will minimize, to
the extent practicable, contamination of the facility and the environment,
facilitate eventual decommissioning, and minimize, to the extent practicable,
the generation of radioactive waste.
Notes
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