The department will terminate a license using alternate criteria greater than the dose criterion of Rule 64E-5.222, subsection 64E-5.223(2), and sub-subparagraph 64E-5.223(4)(a) 1.a., F.A.C., if the licensee:
(1) Provides assurance that public health and safety would continue to be protected and that it is unlikely that the total effective dose equivalent from all combined man-made sources other than medical sources would be more than 100 millirem per year (1 millisievert per year) by submitting an analysis of possible sources of exposure;(2) Has employed restrictions to the extent practical on site use according to the provisions of Rule 64E-5.223, F.A.C., in minimizing exposures at the site;(3) Reduces doses to ALARA levels considering any detriments such as traffic accidents potentially expected to result from decontamination and waste disposal; and,(4) Has submitted a decommissioning or license termination plan to the department indicating the licensee's intent to decommission as specified in subsection 64E-5.214(2), F.A.C., and specifying that the licensee proposes to decommission by use of alternate criteria. The licensee shall document in the license termination or decommissioning plan how the advice of individuals and institutions in the community who could be affected by the decommissioning has been sought and addressed, 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 could 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 on the issues.(5) The use of alternate criteria to terminate a license requires the approval of the department after consideration of any comments provided by the U. S. Environmental Protection Agency and any public comments submitted as specified in Rule 64E-5.225, F.A.C.Fla. Admin. Code Ann. R. 64E-5.224
Rulemaking Authority 404.051(4), (6), (9), 404.061(2), 404.081 FS. Law Implemented 404.051(1), (2), (4), (6), (9), 404.061(2), 404.081(1) FS.