Section DHS 157.33 - Radiological criteria for license termination(1) GENERAL. (a) The criteria in this section apply to the decommissioning of facilities licensed under this chapter, as well as other facilities under the department's jurisdiction.(b) The criteria in this section do not apply to sites that meet any of the following criteria: 1. Have been decommissioned prior to August 1, 2002.2. Have previously submitted and received NRC approval on a license termination plan or decommissioning plan.(c) After a site has been decommissioned and the license terminated in accordance with the criteria in this section, the department shall require additional cleanup only if, based on new information, the department determines that the criteria of this section were not met and residual radioactivity remaining at the site could result in a 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 1000 years after decommissioning.(2) 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 0.25 mSv (25 mrem) per year, including exposure from groundwater sources of drinking water, and the residual radioactivity has been reduced to levels that are ALARA. Determination of the levels that are ALARA shall consider any detriments, such as deaths from transportation accidents, expected to potentially result from decontamination and waste disposal.(3) ALTERNATE CRITERIA FOR A DECOMMISSIONING POSSESSION ONLY LICENSE.(a) A licensee may decommission a facility and maintain a decommissioning possession only license using alternate criteria greater than the dose criterion specified in sub. (2), provided that the licensee does all of the following: 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 one mSv/y (100 mrem/y) limit specified under s. DHS 157.23(1), by submitting an analysis of possible sources of exposure.2. Reduces doses to ALARA levels, taking into consideration any detriments such as traffic accidents expected to potentially result from decontamination and waste disposal.3. Has submitted a decommissioning plan to the department indicating the licensee's intent to decommission in accordance with provisions of s. DHS 157.13(11), and specifying that the licensee proposes to decommission by use of alternate criteria. The licensee shall document in the decommissioning 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 all the following: a. Participation by representatives of a broad cross section of community interests who may be affected by the decommissioning.b. An opportunity for a comprehensive, collective discussion on the issues by the participants.c. A publicly available summary of the results of all discussions held under subd. 3. b., 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.d. Restrictions on site use, to the extent practical, to minimize exposures at the site.4. 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.(b) The department may approve the use of alternate criteria to terminate a license after the department considers any comments provided by the environmental protection agency and any public comments submitted under par. (a). (4) PUBLIC NOTIFICATION AND PUBLIC PARTICIPATION.(a) Upon the receipt of a decommissioning plan from the licensee, or a proposal by the licensee for release of a site under sub. (3) or whenever the department deems such notice to be in the public interest, the department shall do all the following: 1. Notify and solicit comments from all the following:a. Local and state 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.b. The US environmental protection agency and the Wisconsin department of natural resources for cases where the licensee proposes to release a site under sub. (3).2. Publish a notice in the Wisconsin Administrative Register and in a forum, such as local newspapers, that is readily accessible to individuals in the vicinity of the site, and solicit comments from affected parties.Wis. Admin. Code Department of Health Services DHS 157.33
CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02; CR 06-021: am. (2) and (3) (a) 3. (intro.), r. and recr. (3) (a) (intro.), cr. (3) (a) 3. d. Register October 2006 No. 610, eff. 11-1-06.Amended by, CR 16-078: cr. (3) (a) 4. Register January 2018 No. 745, eff. 2/1/2018