Tenn. Comp. R. & Regs. 0400-20-10-.17

Current through June 26, 2024

Section 0400-20-10-.17 - EXPIRATION AND TERMINATION OF LICENSES AND DECOMMISSIONING OF SITES AND SEPARATE BUILDINGS OR OUTDOOR AREAS

(1) Expiration of specific licenses.

Except as provided in paragraph (2) of this rule, each specific license shall expire at the end of the day, in the month and year stated therein.

(2) Termination of specific licenses:

(a) Specific licenses shall continue in effect, beyond the expiration date if necessary, with respect to possession of radioactive material until the Division notifies the licensee in writing that the license is terminated. During this time, the licensee shall:

1. Limit actions involving radioactive material to those related to decommissioning; and

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

(b) Specific licenses, including expired licenses, will be terminated by written notice to the licensee when the Division determines that:

1. The licensee has properly disposed of radioactive material;

2. The licensee has made reasonable effort to eliminate residual radioactive contamination, if present;

3. The premises are suitable for release in accordance with Division requirements. The licensee may demonstrate suitability for release by:

(i) Performance of the radiation survey described in part (3)(d)2 of this rule, or

(ii) Submission of other information that the Division determines is acceptable;

4. The licensee has complied with any requests for information from the Division; and

5. The licensee has submitted a written request for license termination to the Division.

(3) Decommissioning of sites or separate buildings or outdoor areas:

(a) Each specific licensee shall notify the Division in writing, at the address in Rule 0400-20-04-.07, within 60 days of any of the following occurrences:

1. The license has expired pursuant to paragraph (2) of this rule;

2. The licensee has decided to permanently cease principal activities, as defined in this rule:

(i) At the entire site, or

(ii) 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 Division requirements;

3. No principal activities under the license have been conducted for 24 months; or

4. No principal activities have been conducted for 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 Division requirements.

(b) Each specific licensee:

1. If not required by subparagraph (g) of this paragraph to submit a decommissioning plan, shall begin decommissioning its site or any separate building or outdoor area that contains residual radioactivity within 60 days of any occurrence listed in subparagraph (a) of this paragraph.

2. If required by subparagraph (g) of this paragraph to submit a decommissioning plan, shall:

(i) Submit a decommissioning plan within 12 months of notification of any occurrence listed in subparagraph (a) of this paragraph, and

(ii) Begin decommissioning upon Division approval of that plan.

(c) Coincident with the notification required by subparagraph (a) of this paragraph, the specific licensee shall maintain in effect all financial assurances that were established, pursuant to paragraph (3) of Rule 0400-20-10-.12 in conjunction with a license issuance or renewal, or that are required by this rule.

1. The Division will determine if the licensee shall increase, or may decrease, the amount of the financial assurance to cover the detailed cost estimate for decommissioning established pursuant to part (i)5 of this paragraph.

2. The licensee may with Division approval reduce the amount of the financial assurance as decommissioning proceeds and radiological contamination is reduced at the site.

(d) As the final steps in decommissioning, specific licensees shall:

1. Certify the disposition of all licensed material, including accumulated wastes; and

2. Demonstrate that the premises are suitable for release in accordance with Division requirements.

(i) The licensee shall:

(I) Conduct a radiation survey of the premises where the licensed activities were carried out and submit a report of the results of this survey, or

(II) Submit other information that the Division determines is acceptable. (ii) The licensee shall, as appropriate:

(I) Report levels of gamma radiation in units of microroentgens (millisieverts) per hour at 1 meter from surfaces, and

(II) Report levels of radioactivity, including alpha and beta, in units of

I. Disintegrations per minute or microcuries (megabecquerels) per 100 square centimeters - removable and fixed - for surfaces,

II. Microcuries (megabecquerels) per milliliter for water, and

III. Picocuries (becquerels) per gram for solids such as soils or concrete, and

(III) Specify the survey instrument(s) used and certify that each instrument was properly calibrated and tested at the time of the survey.

3. Records required by paragraphs (4) and (6) of Rule 0400-20-10-.26 have been received.

(e) Except as provided in part (k)3 of this paragraph, specific licensees shall complete decommissioning of the site or separate building or outdoor area so that the site, building or outdoor area is suitable for release in accordance with Division requirements as soon as practicable but no later than 24 months following the initiation of decommissioning.

(f) Except as provided in part (k)3 of this paragraph, when decommissioning involves the entire site, the specific licensee shall request license termination as soon as practicable but no later than 24 months following the initiation of decommissioning.

(g) A specific licensee shall submit a decommissioning plan if:

1. Required to do so by license condition; or

2. The Division determines that 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 Division and that these procedures could increase potential health and safety impacts to workers or to the public. Some examples are procedures:

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

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

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

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

(h) Specific licensees shall not carry out procedures with potential health and safety impacts before Division approval of the decommissioning plan.

(i) The proposed decommissioning plan for the site or separate building or outdoor area shall include:

1. A description of the conditions of the site or separate building or outdoor area sufficient to evaluate the acceptability of the plan;

2. A description of planned decommissioning activities;

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

4. A description of the planned final radiation survey;

5. A detailed cost estimate for decommissioning, comparison of that estimate with present funds set aside for financial assurance, and a plan for assuring the availability of adequate funds for completion of decommissioning; and

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 part (k)3 of this paragraph.

(j) The Division will approve the proposed decommissioning plan if the information in the plan demonstrates that the licensee:

1. Will complete decommissioning as soon as practicable; and

2. Will adequately protect the health and safety of workers and the public. (k) Requests for extensions:

1. A licensee may request a delay in initiating decommissioning.

(i) The Division may grant this delay, if the Division determines that this delay is not detrimental to the public health and safety and is otherwise in the public interest.

(ii) The request for a delay shall be submitted no later than 30 days before notification pursuant to subparagraph (a) of this paragraph.

(iii) The schedule for decommissioning set forth in subparagraph (b) of this paragraph shall not start until the Division has made a determination on the request.

2. A licensee may request an alternative schedule for the submittal of a decommissioning plan. The Division may approve the alternative schedule, if the Division 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.

3. A licensee may request an alternative schedule for the completion of decommissioning of the site or separate building or outdoor area, and license termination if appropriate. The Division may approve the alternative schedule for completion of decommissioning, if the Division determines that it is warranted by consideration of the following:

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

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

(iii) Whether allowing short-lived radionuclides to decay will achieve a significant volume reduction in wastes requiring disposal;

(iv) Whether allowing short-lived radionuclides to decay will achieve a significant reduction in radiation exposure to workers;

(v) Other site-specific factors that the Division may determine are beyond the control of the licensee.

Tenn. Comp. R. & Regs. 0400-20-10-.17

Original rule filed February 22, 2012; effective May 22, 2012.

Authority: T.C.A. §§ 68-202-101 et seq., 68-202-201 et seq., and 4-5-201 et seq.