Ohio Admin. Code 3701:1-38-22 - Decommissioning
(A) This rule
applies to the decommissioning of facilities licensed under Chapter 3748. of
the Revised Code. For low-level waste disposal facilities, this rule applies
only to ancillary surface facilities that support radioactive waste disposal
activities. This rule does not apply to uranium and thorium recovery facilities
already subject to source material licensing requirements in Chapter 3701:1-44
of the Administrative Code or to uranium solution extraction
facilities.
(B) Decommissioning
with license termination shall be limited to sites considered acceptable for
unrestricted release where the residual radioactivity that is distinguishable
from background radiation results in a total effective dose equivalent (TEDE)
to an average member of the critical group that does not exceed 0.25
millisievert (twenty-five millirem) per year, including that from groundwater
sources of drinking water, and the residual radioactivity has been reduced to
levels that are as low as reasonably achievable (ALARA). Determination of the
levels which are ALARA must take into account consideration of detriments, such
as deaths from transportation accidents, expected to potentially result from
decontamination and waste disposal.
(C) After a facility has been decommissioned
and the license terminated in accordance with the criteria in this rule, the
director will require additional cleanup only if, based on new information, it
is determined that the criteria of this rule were not met and residual
radioactivity remaining at the site could result in a significant threat to
public health and safety. When calculating TEDE to the average member of the
critical group the licensee shall determine the peak annual TEDE dose expected
within the first one thousand years after decommissioning.
(D) A licensee may decommission a facility
and maintain a decommissioning possession only license using alternate criteria
greater than the dose criterion specified in paragraph (B) of this rule,
provided that the licensee:
(1) Provides
assurance that public health and safety would continue to be protected, and
that it is unlikely that the dose from all man-made sources combined, other
than medical, would be more than the one millisievert (one hundred millirem)
per year limit set forth in this chapter, by submitting an analysis of possible
sources of exposure;
(2) Has
employed, to the extent practicable, restrictions on site use in minimizing
exposures at the site;
(3) Reduces
doses to ALARA levels, taking into consideration any detriments, such as
traffic accidents expected to potentially result from decontamination and waste
disposal; and
(4) Has submitted a
decommissioning plan or license termination plan (LTP) to the director
indicating the licensee's intent to decommission in accordance with rule
3701:1-40-18
of the Administrative Code, and specifying that the licensee proposes to
decommission by restricting use of the site. The licensee shall document in the
decommissioning plan or LTP how the advice of individuals and institutions in
the community who may be affected by the decommissioning has been sought and
incorporated, as appropriate, following analysis of that advice. In seeking
such advice, the licensee shall provide for:
(a) Participation by representatives of a
broad cross section of community interests who may be affected by the
decommissioning;
(b) An opportunity
for a comprehensive, collective discussion on the issues by the participants
represented; and
(c) A publicly
available summary of the results of all such discussions, including a
description of the individual viewpoints of the participants on the issues and
the extent of agreement and disagreement among the participants on the
issues.
(5) Has provided
sufficient financial assurance in the form of a trust fund to enable an
independent third party, including a governmental custodian of a site, to
assume and carry out responsibilites
responsibilities for any necessary control and
maintenance of the site.
(E) When a decommissioning with restrictions
is proposed by a licensee, a decommissioning possession only license is
required to assure that the provisions of the decommissioning plan as approved
by the director remain effective. The license will contain a condition that the
director will not require further cleanup unless he or she determines that the
criteria of this rule or terms of the license were not met or that residual
radioactivity at the site could result in a significant threat to public health
and safety.
(F) Any facility that
has been decommissioned and has had the United States nuclear regulatory
commission license terminated in accordance with a plan approved by the
commission on or before August 31, 1999, will not be required to obtain a
license or conduct further cleanup unless the director determines that residual
radioactivity at the site could result in a significant threat to the public
health and safety.
(G) Applicants
for licenses, other than renewals, shall describe in the application how
facility design and procedures for operation will minimize, to the extent
practical, contamination of the facility and the environment, facilitate
eventual decommissioning, and minimize, to the extent practical, the generation
of radioactive waste.
(H) Licensees
shall, to the extent practical, conduct operations to minimize the introduction
of residual radioactivity into the site, including the subsurface, in
accordance with the existing radiation protection requirements in rule
3701:1-38-11
of the Administrative Code and radiological criteria for license termination in
accordance with this rule.
Notes
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 07/22/2001, 10/22/2006, 09/01/2011, 11/14/2013, 08/30/2015
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 07/22/2001, 10/22/2006, 09/01/2011, 11/14/2013, 08/30/2015
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