N.M. Admin. Code § 20.3.4.426

Current through Register Vol. 36, No. 1, January 14, 2025

Section 20.3.4.426 - RADIOLOGICAL CRITERIA FOR LICENSE TERMINATION

A.General provisions and scope.

(1) The criteria in this part apply to the decommissioning of any facility licensed under this chapter as well as other facilities subject to the department's jurisdiction under the Act. For low-level waste disposal facilities licensed under 20.3.13 NMAC, the criteria apply only to ancillary surface facilities that support radioactive waste disposal activities.

(2) The criteria in this section do not apply to sites which:

(a) have been decommissioned prior to the effective date of the rule; or,

(b) have previously submitted and received department approval on a license termination plan or decommissioning plan that is compatible with applicable department criteria.

(3) After a site has been decommissioned and the license terminated in accordance with the criteria in this section, the department will require additional cleanup only if, based on new information, it determines that the criteria of this section were not met and residual radioactivity remaining at the site could result in significant threat to public health and safety.

(4) When calculating TEDE to the average member of the critical group the licensee shall determine the peak annual TEDE dose expected within the first 1000 years after decommissioning.

B.Radiological criteria for unrestricted use. A site will be considered acceptable for unrestricted use if the residual radioactivity that is distinguishable from background radiation results in a TEDE to an average member of the critical group that does not exceed 25 millirems (0.25 millisievert) per year, including that from groundwater sources of drinking water, and the residual radioactivity has been reduced to levels that are ALARA. Determination of the levels which are ALARA must take into account consideration of any detriments, such as deaths from transportation accidents, expected to potentially result from decontamination and waste disposal.

C.Criteria for License Termination under Restricted Conditions. A site will be considered acceptable for license termination under restricted conditions if:

(1) the licensee can demonstrate that further reductions in residual radioactivity necessary to comply with the provisions of Subsection B of this section 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 must take into account consideration of any detriments, such as traffic accidents, expected to potentially result from decontamination and waste disposal;

(2) the licensee has made provisions for legally enforceable institutional controls that provide reasonable assurance that the TEDE from residual radioactivity distinguishable from background to the average member of the critical group will not exceed 25 millirems (0.25 millisievert) per year;

(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 are:

(a) funds placed into a trust segregated from the licensee's assets and outside the licensee's administrative control, and in which the adequacy of the trust funds is to be assessed based on an assumed annual one percent real rate of return on investment;

(b) surety method, insurance, or other guarantee method as described in Paragraph (2) of Subsection F of 20.3.3.311 NMAC;

(c) a statement of intent in the case of federal, state, or local government licensees, as described in Paragraph (4) of Subsection F of 20.3.3.311 NMAC; or

(d) when a governmental entity is assuming custody and ownership of a site, an arrangement that is deemed acceptable by such governmental entity;

(4) the licensee has submitted a decommissioning plan or license termination plan to the department indicating the licensee's intent to decommission in accordance with Subsection E of 20.3.3.318 NMAC, and specifying that the licensee intends to decommission by restricting use of the site; the licensee shall document 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:

(a) licensees proposing to decommission by restricting use of the site shall seek advice from such affected parties regarding the following matters concerning the proposed decommissioning:

(i) whether provisions for institutional controls proposed by the licensee:

1) will provide reasonable assurance that the TEDE from residual radioactivity distinguishable from background to the average member of the critical group will not exceed 25 millirems (0.25 millisievert) TEDE per year;

2) will be enforceable; and

3) will not impose undue burdens on the local community or other affected parties;

(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;

(b) in seeking advice on the issues identified in Subparagraph (a) of this paragraph, the licensee shall provide for:

(i) participation by representatives of a broad cross section of community interests who may be affected by the decommissioning;

(ii) an opportunity for a comprehensive, collective discussion on the issues by the participants represented; and

(iii) 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; and

(5) 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 to the average member of the critical group is ALARA and would not exceed either:

(a) 100 millirems (1 millisievert) per year; or

(b) 500 millirems (5 millisieverts) per year provided the licensee:

(i) demonstrates that further reductions in residual radioactivity necessary to comply with the 100 millirems per year (1 millisievert per year) value of Subparagraph (a) of this paragraph are not technically achievable, would be prohibitively expensive, or would result in net public or environmental harm;

(ii) makes provisions for durable institutional controls; and

(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 criteria of Paragraph (2) of this subsection and to assume and carry out responsibilities for any necessary control and maintenance of those controls; acceptable financial assurance mechanisms are those in Paragraph (3) of this subsection.

D.Alternate Criteria for License Termination.

(1) The department may terminate a license using alternate criteria greater than the dose criterion of Subsection B of this section, Paragraph (2) of Subsection C of this section, and Item (i) of Subparagraph (a) of Paragraph (4) of Subsection C of this section, if the licensee:

(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 the 100 millirems per year (1 millisievert per year) limit of 20.3.4.413 NMAC, by submitting an analysis of possible sources of exposure;

(b) has employed to the extent practical restrictions on site use according to the provisions of Subsection C of this section in minimizing exposures at the site;

(c) reduces doses to ALARA levels, taking into consideration any detriments such as traffic accidents expected to potentially result from decontamination and waste disposal; and

(d) has submitted a decommissioning plan or license termination plan to the department indicating the licensee's intent to decommission in accordance with Subsection E of 20.3.3.318 NMAC, and specifying that the licensee proposes to decommission by use of alternate criteria; the licensee shall document 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, as appropriate, following analysis of that advice; in seeking such advice, the licensee shall provide for:

(i) participation by representatives of a broad cross section of community interests who may be affected by the decommissioning;

(ii) an opportunity for a comprehensive, collective discussion on the issues by the participants represented; and

(e) 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 responsibilities for any necessary control and maintenance of the site.

(2) The use of alternate criteria to terminate a license requires the approval of the department after consideration of the department staff's recommendations that will address any comments provided by state and federal agencies and any public comments submitted pursuant to Subsection E of this section.

E.Public Notification and Public Participation. 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 Subsection C or D of this section, or whenever the department deems such notice to be in the public interest, the department shall:

(1) notify and solicit comments from:

(a) local governments in the vicinity of the site and any Indian nation or other indigenous people that have treaty or statutory rights that could be affected by the decommissioning; and

(b) the EPA for cases where the licensee proposes to release a site pursuant to Subsection D of this section; and

(2) publish a notice in the state register and 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 the public and affected parties; further, that the public notice may be published in any language when appropriate.

F.Minimization of contamination. Licensee 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 20.3.4.404 NMAC and the radiological criteria for license termination in 20.3.4.426 NMAC.

N.M. Admin. Code § 20.3.4.426

20.3.4.426 NMAC - Rp, 20.3.4.426 NMAC, 4/30/2009, Amended by New Mexico Register, Volume XXVIII, Issue 11, June 13, 2017, eff. 6/13/2017