Section 0400-20-10-.36 - RADIOLOGICAL CRITERIA FOR LICENSE TERMINATION(1) General provisions and scope.(a) The criteria in this rule apply to the decommissioning of facilities licensed under this Chapter and Chapters 0400-20-07, 0400-20-08, 0400-20-09, 0400-20-11 and 0400-2012. For low-level waste disposal facilities (Chapter 0400-20-11), the criteria apply only to ancillary surface facilities that support radioactive waste disposal activities.(c) After a site has been decommissioned and the license terminated in accordance with the criteria in this rule, the Division will require additional cleanup if, based on new information, it determines that the criteria of this rule were not met and residual radioactivity remaining at the site could result in a significant threat to public health and safety.(d) When calculating TEDE to the average member of the critical group the licensee shall determine the peak annual TEDE dose expected within the first 1,000 years after decommissioning.(2) Radiological criteria for unrestricted use. A site will be considered acceptable for unrestricted use if:
(a) 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 mrem (0.25 mSv) per year, including that from groundwater sources of drinking water; and(b) The residual radioactivity has been reduced to levels that are as low as reasonably achievable (ALARA). Determination of the levels that are ALARA must take into account consideration of any detriments, such as deaths from transportation accidents, potentially expected to result from decontamination and waste disposal.(3) Criteria for license termination under restricted conditions. A site will be considered acceptable for license termination under restricted conditions if:
(a) A licensee can demonstrate that further reductions in residual radioactivity necessary to comply with the provisions of paragraph (2) of this rule: 1. Would result in net public or environmental harm or2. Were not being made because the residual levels associated with restricted conditions are ALARA. Determination of the levels that are ALARA must take into account consideration of any detriments, such as traffic accidents, expected to potentially result from decontamination and waste disposal;(b) 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 mrem (0.25 mSv) per year;(c) 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 specified in paragraph (4) of Rule 0400-20-10-.12; and(d) 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: 1. 100 mrem (1 mSv) per year; or2. 500 mrem (5 mSv) per year provided the licensee:(i) Demonstrates that further reductions in residual radioactivity necessary to comply with the 100 mrem/y (1 mSv/y) value of part 1 of this subparagraph: (I) Are not technically achievable;(II) Would be prohibitively expensive; or(III) Would result in net public or environmental harm;(ii) Makes provisions for durable institutional controls; and(iii) Provides sufficient financial assurance in the form of a trust fund 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 1 percent real rate of return on investment 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 and to assume and carry out responsibilities for any necessary control and maintenance of those controls. Periodic rechecks shall be carried out no less frequently than every 5 years to assure that the institutional controls remain in place as necessary to meet the criteria of subparagraph (b) of this paragraph.(4) Alternate criteria for license termination.(a) The Division may terminate a license using alternate criteria greater than the dose criterion of paragraph (2) of this rule and subparagraph (3)(b) of this rule, if the licensee: 1. 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 1 mSv/y (100 mrem/y) limit of Rules 0 40020-05-.60 and 0400-20-05-.61, by submitting an analysis of possible sources of exposure;2. Has employed to the extent practicable restrictions on site use according to the provisions of paragraph (3) of this rule in minimizing exposures at the site; and (i) Reduces doses to ALARA levels, taking into consideration any detriments such as traffic accidents expected to potentially result from decontamination and waste disposal; and3. Provides sufficient financial assurance in the form of a trust fund 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 and to assume and carry out responsibilities for any necessary control and maintenance of the site. Periodic rechecks shall be carried out no less frequently than every 5 years to assure that the institutional controls remain in place as necessary to meet the criteria of subparagraph (b) of this paragraph.(b) The use of alternate criteria to terminate a license requires the approval of the Division. The Division will consider staff recommendations to address any comments provided by the Environmental Protection Agency and any public comments submitted under paragraph (5) of this rule.(5) Public notification and public participation. Whenever the Division deems such notice to be in the public interest, the Division may:
(a) Notify and solicit comments from:1. Local governments and other state government agencies in the vicinity of the site that could be affected by the decommissioning; and2. The Environmental Protection Agency for cases where the licensee proposes to release a site under paragraph (4) of this rule.(b) Publish a notice on the Tennessee Administrative Register web site, and in another appropriate forum that is readily accessible to individuals near the site, and solicit comments from affected parties. Another appropriate forum may include local newspapers and letters to state or local organizations.(6) Minimization of Contamination. Licensees shall, to the extent practical, conduct operations to minimize the introduction of residual radioactivity, as defined in subparagraph (1)(ppp) of Rule 0400-20-04-.04, into the site, including the subsurface, in accordance with the existing radiation protection requirements in Rule 0400-20-05-.40 and radiological criteria for license termination in this rule.
Tenn. Comp. R. & Regs. 0400-20-10-.36
Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed June 14, 2017; effective September 12, 2017. Amendments filed September 1, 2021; effective 11/30/2021.Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.