S.C. Code Regs. § § 61-63.II.RHA 2.11

Current through Register Vol. 48, 12, December 27, 2024

Section 61-63.II.RHA 2.11 - Expiration and Termination of Licenses and Decommissioning of Sites and Separate Buildings or Outdoor Areas

2.11.1 Each specific license expires at midnight on the expiration date stated in the license unless the licensee has filed an application for renewal under RHA 2.12 not less than 30 days before the expiration 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.

2.11.2 Each specific license revoked by the Department expires at midnight 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 the Department Order.

2.11.3 Each specific license continues in effect, beyond the expiration date if necessary, with respect to possession of byproduct material, source material, or special nuclear material until the Department notifies the licensee in writing that the license is terminated. During this time, the licensee shall:

2.11.3.1 Limit actions involving byproduct material, source material, or special nuclear material to those related to decommissioning; and

2.11.3.2 Continue to control entry to restricted areas until they are suitable for release in accordance with Department requirements.

2.11.4 Within 60 days of the occurrence of any of the following, consistent with administrative directions in RHA 2.32, each licensee shall 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 in accordance with Department requirements, or submit within 12 months of notification a decommissioning plan, if required by RHA 2.11.6.1, and begin decommissioning upon approval of that plan if:

2.11.4.1 The license has expired pursuant to RHA 2.11.1 or 2.11.2; or

2.11.4.2 The licensee has decided to permanently cease principal activities, as defined, 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 in accordance with Department requirements; or

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

2.11.4.4 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 in accordance with Department requirements.

2.11.5 Coincident with the notification required by RHA 2.11.4, the licensee shall maintain in effect all decommissioning financial assurances established by the licensee pursuant to RHA 1.15 in conjunction with a license issuance or renewal or as required by this section. The amount of the financial assurance must be increased, or may be decreased, as appropriate, to cover the detailed cost estimate for decommissioning established pursuant to RHA 2.11.7.4.5.

2.11.5.1 Any licensee who has not provided financial assurance to cover the detailed cost estimate submitted with the decommissioning plan shall do so when this rule becomes effective November 24, 1998.

2.11.5.2 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.

2.11.6 The Decommissioning Plan.

2.11.6.1 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 the public, such as in any of the following cases:

2.11.6.1.1 Procedures would involve techniques not applied routinely during cleanup or maintenance operations;

2.11.6.1.2 Workers would be entering areas not normally occupied where surface contamination and radiation levels are significantly higher than routinely encountered during operation;

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

2.11.6.1.4 Procedures could result in significantly greater releases of radioactive material to the environment than those associated with operation.

2.11.6.2 The Department may approve an alternate schedule for submittal of a decommissioning plan required pursuant to RHA 2.11.4 if the Department determines 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.

2.11.6.3 Procedures such as those listed in RHA 2.11.6.1 with potential health and safety impacts may not be carried out prior to approval of the decommissioning plan.

2.11.6.4 The proposed decommissioning plan for the site or separate building or outdoor area must include:

2.11.6.4.1 A description of the condition of the site or separate building or outdoor area sufficient to evaluate the acceptability of the plan;

2.11.6.4.2 A description of planned decommissioning activities;

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

2.11.6.4.4 A description of the planned final radiation survey; and

2.11.6.4.5 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.

2.11.6.4.6 For decommissioning plans calling for completion of decommissioning later than 24 months after plan approval, the plan shall include a justification for the delay based on the criteria in RHA 2.11.8.

2.11.6.4.7 A description of the physical security plan and material control and accounting plan provisions in place during decommissioning.

2.11.6.5 The proposed decommissioning plan will be approved by the Department if the information therein demonstrates 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.

2.11.7 Decommissioning and Termination

2.11.7.1 Except as provided in RHA 2.11.8, licensees shall complete decommissioning of the site or separate building or outdoor area as soon as practicable but no later than 24 months following the initiation of decommissioning.

2.11.7.2 Except as provided in RHA 2.11.8, when decommissioning involves the entire site, the licensee shall request license termination as soon as practicable but no later than 24 months following the initiation of decommissioning.

2.11.8 The Department may approve a request for an alternative schedule for completion of decommissioning of the site or separate building or outdoor area, and license termination if appropriate, if the Department determines that the alternative is warranted by consideration of the following:

2.11.8.1 Whether it is technically feasible to complete decommissioning within the allotted 24-month period;

2.11.8.2 Whether sufficient waste disposal capacity is available to allow completion of decommissioning within the allotted 24-month period;

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

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

2.11.8.5 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.

2.11.9 As the final step in decommissioning, the licensee shall:

2.11.9.1 Certify the disposition of all licensed material, including accumulated wastes, in writing to the Department; and

2.11.9.2 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 that the premises are suitable for release in some other manner. The licensee shall, as appropriate:

2.11.9.2.1 Report levels of gamma radiation in units of millisieverts and microroentgen per hour at one meter from surfaces, and report levels of radioactivity, including alpha and beta, in units of megabecquerels and disintegrations per minute or microcuries per 100 square centimeters--removable and fixed--for surfaces, megabecquerels and microcuries per milliliter for water, and becquerels and picocuries per gram for solids such as soils or concrete; and

2.11.9.2.2 Specify the survey instrument(s) used and certify that each instrument is properly calibrated and tested.

2.11.10 Specific licenses, including expired licenses, will be terminated by written notice to the licensee when the Department determines that:

2.11.10.1 Byproduct material, source material, and special nuclear material have been properly disposed;

2.11.10.2 Reasonable effort has been made to eliminate residual radioactive contamination, if present; and

2.11.10.3 A radiation survey has been performed which demonstrates that the premises are suitable for release in accordance with Department requirements, or other information has been submitted by the licensee that will be sufficient to demonstrate that the premises are suitable for release in accordance with Department requirements. Residual contamination levels must be ALARA and must be approved by the Department.

2.11.10.4 Records required by RHA 3.34.5 and 3.34.7 have been received.

The regulations in this part apply to persons licensed by the Department to receive, possess, use, transfer, or dispose of byproduct, source, or special nuclear material. The limits in this part do not apply to doses due to background radiation, due to any medical administration the individual has received, or to voluntary participation in medical research programs.

S.C. Code Regs. § 61-63.II.RHA 2.11

Amended by State Register Volume 38, Issue No. 10, eff. 10/24/2014.