Ohio Admin. Code 3701:1-40-18 - Expiration or termination of license; decommissioning of sites and separate buildings or outdoor areas
(A) Each 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 rule
3701:1-38-02
of the Administrative Code and this rule not less than ninety days before the
expiration date stated in the existing license. Except that a licensee holding
a broad scope license shall apply for renewal not less than one hundred eighty
days prior to expiration in
in
accordance with paragraph (E) of rule
3701:1-38-02
of the Administrative Code. If an application for renewal has been filed at
least ninety days, or in the case of a broad scope license, at least one
hundred eighty days prior to the expiration date stated in the existing
license, the existing license expires at the later of 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.
(B) Each
specific license for the possession of radioactive material that requires a
decommissioning plan shall continue in effect and shall be renewed during the
decommissioning period, until the director notifies the licensee in writing
after decommissioning that the license is terminated. During this time, the
licensee shall:
(1) Limit actions involving
radioactive material to those related to decommissioning; and
(2) Continue to control entry to any
restricted area until that area is suitable for release in accordance with
department requirements as may be imposed by rule
3701:1-38-22 of
the Administrative Code.
(C) A licensee shall provide written notice
to the director within sixty days of the occurrence of any of the following, in
accordance with rule
3701:1-40-04 of
the Administrative Code:
(1) The license has
expired;
(2) The licensee has
decided to permanently cease licensed activities at the entire site or in any
separate building, room or outdoor area that contains residual radioactivity
such that the building, room or outdoor area is unsuitable for release in
accordance with the definition of "decommissioning" in Chapter 3748. of the
Revised Code and the regulations for decommissioning in rule
3701:1-38-22 of
the Administrative Code.
(3) No
licensed activities have been conducted for a period of twenty-four months;
or
(4) No licensed activities have
been conducted for a period of twenty-four months in any separate building,
room or outdoor area that contains residual radioactivity such that the
building, room or outdoor area is unsuitable for release in accordance with
rule
3701:1-38-22 of
the Administrative Code.
(D) In the event of an occurrence as set
forth in paragraph (C) of this rule, the licensee shall either:
(1) Begin decommissioning the site, and any
separate building, room or outdoor area that contains residual radioactivity so
that the site, building, room and outdoor area are suitable for release in
accordance with rule
3701:1-38-22 of
the Administrative Code; or
(2) If
required by paragraph (G)(1) of this rule, submit within twelve months of
notification, a decommissioning plan and begin decommissioning upon the
director's approval of that plan.
(E) In addition to written notification of an
occurrence, the licensee shall maintain all decommissioning financial
assurances established by the licensee pursuant to rule
3701:1-40-17
of the Administrative Code in conjunction with a license issuance or renewal or
as required by this rule.
(F) The
director may grant a request to extend the twelve-month time period to submit a
decommissioning plan established in paragraph (D)(2) of this rule provided that
the director determines that the alternative schedule is necessary to the
effective conduct of decommissioning operations and that the extension is not
detrimental to the public health and safety or the environment and is otherwise
in the public interest. The extension request must be submitted no later than
thirty days after the occurrence for which notification is required.
Decommissioning set forth in paragraph (D)(2) of this rule may not commence
until the director has made a determination on the extension request.
(G) The licensee shall submit a
decommissioning plan to the director prior to commencing any decommissioning in
the following cases:
(1) If required by
license condition; or
(2) If the
procedures and activities necessary to carry out decommissioning of the site or
separate building, room or outdoor area have not been previously approved by
the director and these procedures could increase potential health and safety
risk to workers or to the public, such as in any of the following cases:
(a) Decommissioning procedures would involve
techniques not applied routinely during cleanup or maintenance
operations;
(b) Workers would be
entering areas not normally occupied where surface contamination and radiation
levels are significantly higher than routinely encountered during
operation;
(c) Decommissioning
procedures could result in significantly greater airborne concentrations of
radioactive materials than are present during operation; or
(d) Decommissioning procedures could result
in significantly greater releases of radioactive material to the environment
than those associated with operation.
(H) A proposed decommissioning plan for a
site or separate building, room or outdoor area shall include the following:
(1) A description of the conditions of the
site or separate building, room or outdoor area sufficient to evaluate the
acceptability of the plan;
(2) A
description of planned decommissioning activities;
(3) A description of methods used to ensure
protection of workers and the environment against radiation hazards during
decommissioning;
(4) A description
of the planned final radiation survey;
(5) 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; and
(6) In the case of a decommissioning plan
that results in the licensee completing decommissioning later than twenty-four
months after plan approval, the plan shall include a justification for the
delay based on the criteria in paragraph (J) of this rule.
The proposed decommissioning plan will be approved by the director if the information therein demonstrates compliance with rule 3701:1-38-22 of the Administrative Code, 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.
(I) Except as provided in paragraph (J) of
this rule, a licensee shall:
(1) Complete
decommissioning of the site or separate building or outdoor area as soon as
practicable but no later than twenty-four months following the initiation of
decommissioning; and
(2) When
decommissioning involves the entire site, request license termination as soon
as practicable but no later than twenty-four months following the initiation of
decommissioning, unless the decommissioning is still actively in
progress.
(J) The
director may approve a request for an alternative schedule for completion of
decommissioning and license termination. In considering whether an alternative
schedule is warranted, the director shall consider the following:
(1) Whether it is technically feasible to
complete decommissioning within twenty-four months;
(2) Whether sufficient waste disposal
capacity is available to allow completion of decommissioning within twenty-four
months;
(3) Whether a significant
volume reduction in wastes requiring disposal will be achieved by allowing
short-lived radionuclides to decay;
(4) Whether a significant reduction in
radiation exposure to workers can be achieved by allowing short-lived
radionuclides to decay; and
(5) Any
other factor that the director finds is unique to the site, 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.
(K) After decommissioning the site, the
licensee shall:
(1) Certify the disposition of
all licensed material, including accumulated wastes, by submitting a completed
disposition of radioactive materials form provided by the director;
and
(2) 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 set forth in rule
3701:1-38-22 of
the Administrative Code. The licensee shall survey and report as follows:
(a) Levels of gamma radiation in units of
millisieverts (microroentgen) per hour at one meter from surfaces and
radioactivity, including alpha and beta, in units of megabecquerels
(disintegrations per minute or microcuries) per one hundred 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
(b) Identification of
any survey instrument used and a certification that each instrument was
properly calibrated and tested prior to being used to measure radioactivity at
the site.
(L)
Specific licenses, including expired licenses, will be terminated by written
notice to the licensee when the director determines that:
(1) Radioactive material has been properly
disposed;
(2) Reasonable effort has
been made to eliminate residual radioactive contamination, if
present;
(3) A radiation survey has
been performed which demonstrates that the premises are suitable for release in
accordance with the criteria for decommissioning, or other information is
submitted by the licensee that is sufficient to demonstrate that the premises
are suitable for release in accordance with the criteria for decommissioning in
this chapter and rule
3701:1-38-22 of
the Administrative Code; and
(4)
All applicable fees have been paid.
Notes
Promulgated Under: 119.03
Statutory Authority: 3748.02, 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 07/22/2001, 08/15/2005, 01/29/2007, 09/01/2011
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