Nev. Admin. Code § 459.3182 - Property of decommissioned facility: Alternate criteria for release for restricted or unrestricted use
1. The Division may
terminate a license and release the property of a decommissioned facility for
restricted or unrestricted use using alternate criteria greater than the dose
criterion of 25 millirem (0.25 millisievert) per year set forth in NAC
459.3178 and paragraph (b) of
subsection 1 of NAC
459.318 if the licensee:
(a) By submitting an analysis of possible
sources of exposure, provides reasonable assurance that:
(1) The public health and safety will
continue to be protected; and
(2)
It is unlikely that the dose from all artificially created sources combined,
other than medical, would be more than the limit of 0.1 rem (1 millisievert)
per year set forth in NAC
459.335;
(b) Has employed, to the extent practical,
restrictions on site use according to the provisions of NAC
459.318 in minimizing exposures
at the site;
(c) Reduces doses to
levels that are as low as is reasonably achievable, taking into consideration
any detriments, including, without limitation, traffic crashes, expected to
potentially result from decontamination and waste disposal;
(d) Has provided sufficient financial
assurance in the form of a trust to enable a third party, including a
governmental custodian of a site, to assume and carry out responsibilities for
any necessary control and maintenance of the site; and
(e) Submits to the Division a decommissioning
plan that:
(1) Declares the intent of the
licensee to decommission in accordance with NAC
459.1955;
(2) Specifies that the licensee proposes to
decommission pursuant to the alternate criteria provisions of this section;
and
(3) Documents how the advice of
natural persons and institutions in the community that may be affected by the
decommissioning has been sought, analyzed and, if appropriate, incorporated
into the decommissioning plan.
2. To satisfy the public comment requirement
of subparagraph (3) of paragraph (e) of subsection 1, a licensee shall:
(a) Provide an opportunity for participation
by representatives of a broad cross section of community interests;
(b) Provide an opportunity for a
comprehensive, collective discussion on the issues by the participants
represented; and
(c) Make publicly
available a summary of the results of all such discussions, including, without
limitation:
(1) A description of the
individual viewpoints of the participants on the issues; and
(2) The extent of agreement and disagreement
among the participants on the issues.
3. Before the Division terminates a license
using the alternate criteria of this section, the Division will consider the
recommendations of the staff of the Division concerning any comments provided
by the Environmental Protection Agency and any public comments submitted
pursuant to NAC
459.3184.
Notes
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