180 Neb. Admin. Code, ch. 3, § 019

Current through September 17, 2024

Section 180-3-019 - EXPIRATION AND TERMINATION OF LICENSES AND DECOMMISSIONING OF SITES AND SEPARATE BUILDINGS OR OUTDOOR AREAS

This section addresses the expiration and termination of licenses and decommissioning of sites and separate buildings or outdoor areas.

019.01EXPIRATION. 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 180 NAC 3-020 not less than 30 days before the ex piration date stated in the existing license. If an application for renewal has been filed at least 30 days prior to the expiration date stated in the existing license, the existing license expires at the end of the day on which the Department makes a final determination to deny the renewal application or if the determination states an expiration date, the expiration date stated in the determination.

019.02REVOCATION. Each specific license revoked by the Department expires at the end of the day on the date of the Department's final determination to revoke the license, or on the expiration date stated in the determination, or as otherwise provided by Department Order.

019.03WRITTEN NOTIFICATION OF TERMINATION. Each specific license continues in effect, beyond the expiration date if necessary, with respect to possession of radioactive material until the Department notifies the licensee in writing that the license is terminated. During this time, the licensee must:

(A) Limit actions involving radioactive material to those related to decommissioning; and

(B) Continue to control entry to restricted area until they are suitable for release according to Department requirements.

019.04NOTIFICATIONS. Within 60 days of the occurrence of any of the following, consistent with the administrative directions in 180 NAC 1-012, each licensee must provide notification to the Department in writing of such occurrence, and either begin decommissioning its site, or any separate building or outdoor area that contains residual radioactivity so that the building or outdoor area is suitable for release according to Department requirements, or submit within 12 months of notification a decommissioning plan, if required by 180 NAC 3-019.07 and begin decommissioning upon approval of that plan if:

(A) The license has expired according to 180 NAC 3-019.01 and 3-019.02;

(B) The licensee has decided to permanently cease principal activities, as defined in 180 NAC 3-002, at the entire site or in any separate building or outdoor area that contains residual radioactivity such that the building or outdoor area is unsuitable for release according to Department requirements;

(C) No principal activities under the license have been conducted for a period of 24 months; or

(D) No principal activities have been conducted for a period of 24 months in any separate building or outdoor area that contains residual radioactivity such that the building or outdoor area is unsuitable for release according to Department requirements.

019.05FINANCIAL ASSURANCE MAINTENANCE. Coincident with the notification required by 180 NAC 3-019.04, the licensee must maintain in effect all decommissioning financial assurances established by the licensee according to 180 NAC 3-018 in conjunction with a license issuance or renewal or as required by 180 NAC 3-019.05. The amount of the financial assurance must be increased, or may be decreased, as appropriate, to cover the detailed cost estimate for decommissioning established according to 180 NAC 3-019.07(D)(v). Additionally:

(A) Any licensee who has not provided financial assurance to cover the detailed cost estimate submitted with the decommissioning plan must do so; and

(B) Following approval of the decommissioning plan, a licensee may reduce the amount of the financial assurance as decommissioning proceeds and radiological contamination is reduced at the site with the approval of the Department.

019.06EXTENSION REQUEST. The Department may grant a request to extend the time periods established in 180 NAC 3-019.04 if the Department determines that the request demonstrates that this relief is not detrimental to the public health and safety and is otherwise in the public interest. The request must be submitted no later than 30 days before notification according to 180 NAC 3-019.04. The schedule for decommissioning set forth in 180 NAC 3019.04 may not commence until the Department has made a determination on the request.

019.07DECOMMISSIONING PLANS. The following applies to decommissioning plan submission.

019.07(A)REQUIREMENTS FOR SUBMISSION. A decommissioning plan must be submitted if required by license condition or if the procedures and activities necessary to carry out decommissioning of the site or separate building or outdoor area have not been previously approved by the Department and these procedures could increase potential health and safety impacts to workers or to the public; as in the following cases:

(i) Procedures would involve techniques not applied routinely during cleanup or maintenance operations;

(ii) Workers could be entering areas not normally occupied where surface contamination and radiation levels are significantly higher than routinely encountered during operation;

(iii) Procedures could result in significantly greater airborne concentrations of radioactive materials than are present during operation; or

(iv) Procedures could result in significantly greater releases of radioactive materials to the environment than those associated with operation.

019.07(B)ALTERNATE SCHEDULE. An alternate schedule for submittal of a decommissioning plan required according to 180 NAC 3-019.04 must demonstrate that the alternative schedule is necessary to the effective conduct of decommissioning operations and presents no undue risk from radiation to the public health and safety and is otherwise in the public interest.

019.07(C)PRIOR APPROVAL REQUIRED. Procedures specified in 180 NAC 3-019.07(A) with potential health and safety impacts may not be carried out prior to the approval of the decommissioning plan.

019.07(D)REQUIRED ITEMS. The proposed decommissioning plan for the site or separate building or outdoor area must include:

(i) A description of the conditions of the site or separate building or outdoor area sufficient to evaluate the acceptability of the plan;

(ii) A description of planned decommissioning activities;

(iii) A description of methods used to ensure the protection of workers and the environment against radiation hazards during decommissioning;

(iv) A description of the planned final radiation survey; and

(v) 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

(vi) For decommissioning plans calling for completion of decommissioning later than 24 months after plan approval, the plan must include a justification for the delay based on the criteria in 180 NAC 3-019.09.

019.07(E)COMPLETION AND PROTECTION. The proposed decommissioning plan must demonstrate 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.

019.08DECOMMISSIONING COMPLETION SCHEDULE. Other than provided in 180 NAC 3-019.09, licensees must:

(A) Complete decommissioning of the site or separate building or outdoor area as soon as possible but no later than 24 months following the initiation of decommissioning; and

(B) Request license termination as soon as possible but no later than 24 months following the initiation of decommissioning when decommissioning involves the entire site.

019.09ALTERNATE SCHEDULE OF COMPLETION. Licensees may request an alternative schedule for completion of decommissioning of the site or separate building or outdoor area, and license termination. The following information must be submitted for consideration:

(A) Whether it is technically feasible to complete decommissioning within the allotted 24 month period;

(B) Whether sufficient waste disposal capacity is available to allow completion of decommissioning within the allotted 24 month period;

(C) Whether a significant volume reduction in wastes requiring disposal will be achieved by allowing short-lived radionuclides to decay;

(D) Whether a significant reduction in radiation exposure to workers can be achieved by allowing short-lived radionuclides to decay; and

(E) Other site-specific factors which the Department may consider appropriate on a case-by-case basis, 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.

019.10FINAL STEP IN DECOMMISSIONING. As the final step in decommissioning, the licensee must:

(A) Certify the disposition of all licensed material, including accumulated wastes, by submitting a completed Department Form NRH-60 or equivalent information. Form NRH-60 is set out as Attachment 4 of this chapter; and

(B) 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 that the premises are suitable for release in some other manner. The licensee must, as appropriate:

(i) Report levels of gamma radiation in units of millisieverts (mSv) (microroentgen) per hour at one meter from surfaces, and report levels of radioactivity, including alpha and beta, in units of MBq (disintegrations per minute or µCi) per 100 square centimeters, removable and fixed, for surfaces, MBq (µCi) per milliliter for water, Bq (picocuries) per gram for solids such as soil or concrete; and

(ii) Specify the survey instrument or instruments used and certify that each instrument is properly calibrated and tested.

019.11TERMINATION. Specific licenses, including expired licenses, will be terminated by written notice to the licensee provided:

(A) Radioactive material has been properly disposed;

(B) Reasonable effort has been made to eliminate residual radioactive contamination, if present;

(C) Demonstration of suitability for release.

(i) A radiation survey has been performed which demonstrates that the premises are suitable for release according to Department requirements; or

(ii) Other information submitted by the licensee is sufficient to demonstrate that the premises are suitable for release according to Department requirements; and

(D) Records required by 180 NAC 3-030.06 and 3-030.08 have been received.

180 Neb. Admin. Code, ch. 3, § 019

Amended effective 6/15/2021