| .1653 RADIOLOGICAL REQUIREMENTS FOR
LICENSE TERMINATION |
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(a) |
General
provisions and scope: |
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(1) |
The
requirements in this Rule apply to the decommissioning of facilities licensed under the
rules of this Chapter. For low-level radioactive waste disposal facilities licensed under
Section .1200 of this Chapter, the requirements apply only to ancillary surface facilities
that support radioactive waste disposal facilities. |
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(2) |
The
requirements in this Rule do not apply to sites which: |
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(A) |
have been
decommissioned prior to the effective date of this Rule in accordance with criteria
approved by the agency; or |
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(B) |
have
previously submitted and received agency approval for a license termination plan or for a
decommissioning plan. |
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(3) |
After a
site has been decommissioned and the license terminated in accordance with the
requirements set forth in this Rule, the agency may require additional cleanup only if,
based on new information, the agency determines that the requirements of this Rule were
not met and residual radioactivity remaining at the site could result in a significant
threat to the public health and safety. |
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(4) |
When
calculating Total Effective Dose Equivalent (TEDE) to the average
member of the critical group, the licensee shall determine the
peak annual TEDE expected within the first 1,000 years after decommissioning. |
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(b) |
Radiological
criteria for unrestricted use of a site shall be considered acceptable for unrestricted
use if the residual radioactivity that is distinguishable from background radioactivity
results in a TEDE to an average member of the critical group that does not exceed 25
millirem (0.25 millisievert) 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, may take into
account consideration of detriments, such as deaths from transportation accidents,
expected to potentially result from decontamination and waste disposal. |
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(c) |
A site
shall be considered acceptable for license termination under restricted conditions if: |
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(1) |
the
licensee can demonstrate that further reductions in residual radioactivity necessary to
comply with the provisions of Paragraph (b) of this Rule would result in net public or
environmental harm or were not being made because the residual levels associated with
restricted conditions are ALARA. Determination of the levels which are ALARA may take into
account consideration of detriments, such as traffic accidents, expected to result from
decontamination and waste disposal; |
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(2) |
the
licensee has made provisions for legally enforceable institutional controls that provide
reasonable assurance that the TEDE from residual radioactivity distinguishable from
background radioactivity, to the average member of the critical group, will not exceed 25
millirem (0.25 millisievert) per year; |
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(3) |
the
licensee has provided sufficient financial assurance to enable an independent third party,
including a governmental custodian of a site, to assume and carry out responsibilities for
any necessary control and maintenance of the site. Acceptable financial assurance
mechanisms to meet the requirements of Subparagraph (c)(3) of this Rule are described in Rule .0354 of this
Chapter. |
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(4) |
the
licensee has submitted to the agency a decommissioning plan or license termination plan,
as described in Rule .0339 of this Chapter, indicating the licensee's
intent to decommission in accordance with the requirements of this Chapter, and specifying
that the licensee intends to decommission by restricting use of the site; |
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(5) |
the
licensee has documented in the license termination plan or decommissioning plan 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: |
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(A) |
licensees
proposing to decommission by restricting use of the site shall have sought advice from
such affected parties regarding the following matters concerning the proposed
decommissioning: |
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(i) |
whether provisions for
institutional controls proposed by the licensee will provide reasonable assurance that the
TEDE from residual radioactivity distinguishable from background radioactivity to the
average member of the critical group will not exceed 25 millirem (0.25 millisievert) TEDE
per year, will be enforceable and will not impose undue burdens on the community or other
affected parties; and |
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(ii) |
whether the licensee
has provided sufficient financial assurance to enable an independent third party,
including a governmental custodian of a site, to assume and carry out responsibilities for
any necessary control and maintenance of the site. |
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(B) |
the
licensee has provided for: |
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(i) |
participation by
representatives of a broad cross-section of community interests who may be affected by the
decommissioning; |
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(ii) |
an opportunity for a
comprehensive, collective discussion of the issues by the participants represented; and |
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(iii) |
a publicly available
summary of the results of all such discussions, and the extent of agreement and
disagreement among the participants on the issues. |
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(6) |
residual
radioactivity at the site has been reduced so that if the institutional controls were no
longer in effect, there is reasonable assurance that the TEDE from residual radioactivity
distinguishable from background radioactivity to the average member of the critical group
is as low as reasonably achievable and would not exceed either: |
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(A) |
100
millirem (1 millisievert) per year; or |
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(B) |
500
millirem (5 millisievert) per year provided the licensee: |
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(i) |
demonstrates that
further reductions in residual radioactivity necessary to comply with the 100 millirem per
year (1 millisievert per year) value described in Part (c)(6)(A) of this Rule, are not
technically achievable, would be prohibitively expensive, or would result in net public or
environmental harm; |
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(ii) |
makes provisions for
durable institutional controls; or |
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(iii) |
provides sufficient
financial assurance to enable a responsible government entity or independent third party,
including a governmental custodian of a site, both to carry out periodic rechecks of the
site no less frequently than every five years to assure that the institutional controls
remain in place as necessary to meet the requirements of Subparagraph (c)(2) of this Rule and
to assume and carry out responsibilities for any necessary control and maintenance of
those controls. |
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(d) |
Alternate criteria for license termination: |
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(1) |
The agency
may terminate a license using alternate criteria greater than the dose requirements of
Paragraph (b), Subparagraph
(c)(2), and Subpart
(c)(5)(A)(i) of this Rule, if the licensee: |
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(A) |
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 100 millirem TEDE per year (1 millisievert per year) limit described in Rule
.1611 of this Section, by submitting an analysis of possible sources of exposure; |
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(B) |
has
employed, to the extent practical, restrictions on site use according to the provisions of
Paragraph (c) of this
Rule in minimizing exposures at the site; |
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(C) |
reduces
doses to ALARA levels, taking into consideration detriments such as traffic accidents
expected to potentially result from decontamination and waste disposal; |
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(D) |
has
submitted a decommissioning plan or license termination plan to the agency indicating the
licensee's intent to decommission in accordance with the requirements of this Chapter, and
specifying that the licensee proposes to decommission by use of alternate criteria; |
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(E) |
has
documented in the decommissioning plan or license termination plan how the advice of
individuals and institutions in the community who may be affected by the decommissioning
has been sought and addressed; and |
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(F) |
in seeking
such advice, the licensee has provided for: |
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(i) |
participation by
representatives of a broad-cross section of community interests who may be affected by the
decommissioning; |
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(ii) |
an opportunity for a
comprehensive, collective discussion of the issues by the participants represented; and |
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(iii) |
a publicly available
summary of the results of such discussions, including a description of the extent of
agreement and disagreement among the participants on the issues. |
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(2) |
The use of
alternate criteria to terminate a license requires the consideration of any comments
provided by any other interested state agencies and any public comments submitted pursuant
to Paragraph (e) of this Rule. |
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(e) |
Upon the
receipt of a license termination plan or decommissioning plan from the licensee, or a
proposal by the licensee for release of a site pursuant to Paragraphs (c) and (d) of this Rule, or whenever the
agency deems such notice to be in the public interest, the agency shall notify and solicit
comments from: |
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(1) |
local
governments in the vicinity of the site, appropriate state agencies, the U.S.
Environmental Protection Agency, and any Indian Nation or other indigenous people that
have treaty or statutory rights that could be affected by the decommissioning; and |
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(2) |
publish a
notice 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. |
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History Note: Authority G.S. 104E-7(a)(2); 104E-10(b);
Effective April 1, 1999. |
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Decommissioning
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