ML20210F571
| ML20210F571 | |
| Person / Time | |
|---|---|
| Issue date: | 05/28/1999 |
| From: | Lohaus P NRC |
| To: | Salomon S, Usilton B NRC |
| Shared Package | |
| ML20210F556 | List: |
| References | |
| NUDOCS 9908020052 | |
| Download: ML20210F571 (1) | |
Text
,.
4 Stephen Salomon - Fwd: RATS update #4 Pag 3 il p.
From:
Paul Lohaus To:
bgu, Sns
' Date:
Fri, May 28,1999 6:43 AM
Subject:
Fwd: RATS update #4 Brenda and Steve, in the continuing saga of the Washington regulations, attached is regulations that I believe Terry is asking
- for inclusion into the rats system. Please review and determine if these have to be actioned. The IMPEP
' review is scheduled for late August and I believe he is trying to get everything in place before that time.
Let me know what you determine.
Kathy 9900020052 990726 PDR STPRC ESOWA PDR
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REGULATORY INF UT N SYSTEM (RIDS)
ACCESSION NBR:9706060187 DOC.DATE: 97/05/28 NOTARIZED: NO CC'CKET #
FACIL:
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AUTH.NAME AUTHOR AFFILIATION LOHAUS,P.H.
Office of State Programs (Post 911117)
NM - 3 RECIP.NAME RECIPIENT AFFILIATION FRAZEE,T.C.
Washington, State of
SUBJECT:
Advises that final rule NRC have determined that rule compatible.
DISTRIBUTION CODE: SP08D COPIES RECEIVED:LTR
[ ENCL f
SIZE:
TITLE: General Correspondence From States WithIIi Regio E4 3
N'OTES:
T RECIPIENT COPIES RECIPIENT COPIES
_DE/NAME LTTR ENCL ID CODE /NAME LTTR ENCL E
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EXTERNAL: NRC PDR 1
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'I NOTE TO ALL
- RIDS" RECIPIENTS:
PLEASE HELP US TO REDUCE WASTE. TO HAVE YOUR NAME OR ORGANIZATION REMOVED FROM DISTRIBUTION LIST OR REDUCE THE NUMBER OF COPIES RECEIVED BY YOU OR YOUR ORGANIZATION, CONTACT THE DOCUMENT CONTRC DESK (DCD) ON EXTENSION 415-2083 TOTAL NUMBER OF COPIES REQUIRED: LTTR 6
ENCL 6
i..
't MAY 2 81997_
Mr. Terry C. Frazee, Supervisor Radioactive Materials Section Department of Health State of Washington P.O. Box 47827 Olympia, WA-' 98504-7827
Dear Mr. Frazee:
We have reviewed the final rule on the Washington decommissioning requirements, as contained in your letter dated May 5,1997. Based on our review, we have determined that the final rule, as adopted, is compatible given that the text of the final rule is identical to that in the proposed rule. The final rule was reviewed by comparison to the proposed rule which, at an earlier date, was determined to be compatible with the equivalent NRC regulations in 10 CFR Parts 30 and 40.
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if you have any questions regarding the comments or any of the NRC rules used in the review, please contact me or Mr. Tom O'Brien of my staff at (301) 415 2308.
Sincerely, Original Signed By:
PAUL H. LOHAUS Paul H. Lohaus, Deputy Director Office of State Programs l
_97 OAninr av PDR l(*
s-Distribution:
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DATE 05Q i97 05// j/97 05/22/97 05/7/-/97 g@ 6 OSP FILE CODE: SP-AG-29
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UNITED STATES NUCLEAR REGULATORY COMMISSION f
WASHINGTON, D.C. 30666 4 001 e*
6 May 28, 1997 Mr. Terry C. Frazee, Supervisor Radioactive Materials Section Department of Health State of Washington P.O. Box 47827 Olympia, WA 98504-7827
Dear Mr. Frazee:
We have reviewed the final rule on the Washington decommissioning requirements, as contained in your letter dated May 5,1997. Based on our review, we have determined that the final rule, as adopted, is compatible given that the text of the final rule is identical to that in the proposed rule. The final rule was reviewed by comparison to the proposed rule which, at an earlier date, was determined to be compatible with the equivalent NRC regulations in 10 CFR Parts 30 and 40.
If,you have any questions regarding the comments or any of the NRC rules used in the review, please contact me or Mr. Tom O'Brien of my staff at (301) 415-2308.
I
- erely, 7
h%i y[
Paul H. Lohaus, D uty irector Office of State Programs i
t 1
4
. Mr. Terry C. Frazee, Supervisor Radioactive Materials Section Department of Health State of Washington P.O. Box 47827 Olympia, WA 98504-7827
Dear Mr. Frazee:
We have reviewed the final rule on the Washington decommissioning requirements, as contained in your letter dated May 5,1997. Based on our review, we have determined that the final rule, as adopted, is compatible given that the text of the final rule is identical to that in the proposed rule. The final rule was reviewed by comparison to the proposed rule which, at an earlier date, was determined to be compatible with the equivalent NRC regulations in 10 CFR Parts 30 and 4v.
If you have any questions regarding the comments or any of the NRC rules used in the review, please contact me or Mr. Tom O'Brien of my staff at (301) 415 2308.
Sincerely, Paul H. Lohaus, Deputy Director Office of State Programs 4
I 1
i Distribution:
DIR RF (7S126)
DCD (SP08)
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Washington File DOCUMENT NAME nTJO\\7S126 T) meelve a copy of this g necate in the boa:
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TASK # - 7S126
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TASK DESCRIPTION - LTR FROM T. FRAZEE REGARDING CHANGES TO THE WA DECOMM
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REQUIREMENTS REQUESTING OFF. - WA REQUESTER - FRAZEE WITS -
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PROJECT STATUS -
OSP DUE DATE: 5/30/97 PLANNED ACC.
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,;Q STATE OF WASHINGTON g
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DIVISION OF RADIATION PROTECTION AiniustrialCenter, Bldg. 5
- P.O. Box 47827
- Olympia, Washington 98504-7827 G
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.May 5, 1997 h
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Paul Lohaus, Deputy Director os Office of State Programs U.S. Nuclear Regulatory Commission Washington, D.C.
20555
Dear Mr. Lohaus:
)
i Enclosed at your request (letter of April 4,1997) is a copy of the changes to the Washington decommissioning requirements as filed for permanent adoption with the state Code Reviser's Office.
Changes to the text of our regulations are highlighted in the attached document which shows new text with underlining i
and deleted text with strikeout.
There was one typographical correction made I
in the final rule which was also indicated as a hand written correction on the correspondence to licensees dated January 28, 1997, which was also sent to you.
l this time we do not have available a computer readable format, j
At If you have any questions regarding the enclosure, please contact me at (360) 753-3561 or via e-mail at tcf03030 hub.deh wa. gov.
Sincerely, rry C. Frazee, upervisor Radioa ve Materials Section TCF:amw Enclosure l
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i RULE MAKING ORDER (RCW 34.05.360)
CR-103 (4/25/95) li Agtney: Department of Health
@ Permanent Rule (1) Date of Adoption:
O Emergency Rule g/g [q 7 O Expedited Repeal (2)
Purpose:
j 4
The amendments update a radicactive materials licensee's required records. timeliness, and funding mechanisms to bring state rute conformity with Federal Regulations issued by the Nuclear Regulatory Commission.
(3) Citation of Rules Affected by this order:
Repealed:
i Amended: 246 232-060 & 246-235-075 Suspended:
(4) Statutory authonty for adoption:
Other Authority: 70.98.050 RCW & 70.98.080 RCW PERMANENT RULE ONLY Adopted under notice filed as WSR 97-03-26 on 01/22/97 (date).
D: scribe any changes other than editing from proposed to adopted version:
j Corrected cross-referencing error in WAC 246-232-060 (8)
EMERGENCY RULE ONLY Under RCW 34.05.350 the agency for good cause finds:
O (a) That immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public inte est O (b) That state or federallaw or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this finding:
EXPEDITED REPEAL ONLY Undez Preproposal Statement of Inquiry filed as WSR _____.on _____ (date).
I (5.3) Any other findings required by other provisions of law as precondition to adoption of effectiveness of rule?
O Yes Q No If Yes, explain:
(6) Effsetive date of rule:
CODE REVISER USE ONLY P2rmanent Rules Emergency Rules or Exp:dited Repeal 5'
8 31 days after filing O Immediately O oth:r (specify) _ __ ; ling, specific O Later (specify) _____
g7E OF E
Hf I (IfIIss than 31 days after fi FILED finding in 5.3 under RCW 34 05.380(3) is required)
NAME (TYPE OR PRINT)
Bruce Miyahara APR 2l997 SIGNATURE 7
TlTLE DAT [!(7 WsMN b I.[
secretary, Department of Health i
I (COMPLETE REVERSE SIDE)
I
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Nota: if any cet:: gory is Isft blank, it will ba calculated as zaro.
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~
' No d:scriptivo t3xt.
Count by whole WAC secticns only, from the WAC number through the history note.
A section may be counted in more than one category.
The number of sections adopted in order to comply with:
Federal statute:
New _____
Amended _____ Repealed ____ _
Federal rules or standards:
New _____
Amended 2 Repealed._____
Recently enacted state statutes:
New.._ _ _ _
Amended _____ Repealed ____..
- (current calendar year)
The number of sections adopted at the request of a nongovernmental entity:
New _____
Amended _____ Repealed ______
The number of sections adopted on the agency's own initiative:
New _____
Amended ___,,_ Repea:ed ______
The number of sections adopted in order to clarify, streamline, or reform agency procedures:
New _____
Amended _____ Repealed ______
The number of sections adopted using:
Negotiated rule making:
New _____
Amended _____ Repealed ______
Pilot rule making:
New _____
Amended.____ Repealed ______
. Other alternative rule making:
New _____
Amended 2 Repealed._____
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AMENDATORY SECTION (Amending Order 245, filed 2/21/92, effective 3/23/92)
WAC 246-235-075 Financial assurance and recordkeeping for decommissioning.
(1)
Each applicant for one of the following licenses shall submit a decommissioning funding plan as described in this section:
(a) A specific license authorizing receipt of radioactive waste for the purpose of volume reduction, repackaging or interim f(
storage.
(b)
Receipt of contaminated
- articles, scrap
- material, equipment, or clothing to be decontaminated at the licensee's f "M facility.
A specific license authorizing the possession and use of Ur $ N h (c)
V days and in quantities for unsealed material exceeding 100 time
' m y 5
for sealed forms exceeding 10 - times the applicable quantities set Ig 3 forth in WAC 246-221-300 Appendix B the unity rule applies.
(for a combination of isotopes
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,a required if R is greater than 1,A decommissioning funding plan will be where Reis defined.as.the sum of 4
the ratios of the quantity for sealed and unsealed forms of each
)
isotope _ compared to the applicable value derived. from WAC 246-221-
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1 300).
(d) A specific license authorizing possession and use of i
j source material in readily dispersible form and in quantities greater than 10 millicuries.
(2) Each decommissioning funding plan shall contain:
(a) A cost estimate for decommissioning f acilities impacted by the activities authorized in the specific license.
(b)
A description of the method of assuring funds for decommissioning.
(c) A schedule for adjusting cost estimates and associated funding levels periodically over the life of the facility or l
i facilities.
(d)
A description of methods and general procedures for performing facility decontamination, maintaining security, and performing a final radiation survey.
(e) A commitment to clean up accidental spills promptly and to begin decommissioning of the facility or facilities within twelve 4
months of ceasing operation involving radioactive material.
b (3) Each cost D
estimate for decommissioning shall include:
h A
(a)
A description of the facility and areas within the
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facility likely to require decommissioning as a result 9 os operation, of routine V
(b) Anticipated labor, equipment and material costs.
q f7 (c) Anticipated waste volume.
(d) Anticipated packaging, transportation and waste disposal ccscs.
(e)
An assessment of costs associated with an accident involving licensed material.
(4) Financial assurance for decommissioning shall be provided by one or more of the following methods:
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(a) Prepayment.
Prepayment is the deposit of suf ficient funds to pay decommissioning costs.
Funds shall be deposited prior to the start of operation into an account segregated from licensee assets and outside the licensee's administrative control.
Prepayment may be in the form of a trust, escrow account, government fund, certificate of deposit, or deposit of government securities.
(b) A surety method, insurance, or other guarantee method.
These methods guarantee that decommissioning costs will be paid should the licensee default.
A surety method may be in the form of a surety bond, letter of credit, or line of credit.
Any surety method or insurance used to provide financial assurance for decommissioning must contain the following conditions:
(i) The surety method or insurance shall be open-ended or, if written for a specified term, such as five years, shall be renewed automatically unless ninety days or more prior to the renewal date, the issuer notifies the department, the beneficiary, and the licensee of its intention not to renew.
The surety method or insurance shall also provide that the full face amount be paid to the beneficiary automatically prior to the expiration without proof of forfeiture if the licensee fails to provide a replacement acceptable to the department within thirty days after receipt of notification of cancellation.
(ii) The surety method or insurance shall be payable to a trust established for decommissioning costs.
The trustee and trust shall be acceptable to the department. Acceptable trustees include an appropriate state or federal government agency or an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency.
(iii) The surety method or insurance must remain in effect until the department has terminated the license.
(c) An external sinking fund in which deposits are made at least annually, coupled with a surety method or insurance, the value of which may decrease by the amount being accumulated in the sinking fund.
An external sinking fund is a fund established and maintained by setting aside funds periodically in an account segregated from licensee assets and outside the licensee's administrative control.
The total amount of funds in the external sinking fund shall be sufficient to pay decommissioning costs at the time termination of operation is expected. An external sinking fund may be in the form of a trust, escrow account, government fund, certificate of deposit, or deposit of government securities.
The surety or insurance provisions shall be as stated in subsection (4 ) (b) of this section.
(d) In the case of state or local government licensees, a statement of intent containing a cost estimate for decommissioning and indicating that funds for decommissioning will be obtained when necessary.
(e) Other methods of financial assurance as approved by the department.
The department may approve other financial mechanisms submitted by the applicant or licensee provided the alternate method meets, at a minimum, the requirements of 10 C.F.R. 30.35 and associated U.S. Nuclear Regulatory Commission guidance.
(5) (a)
The department shall review each decommissioning funding plan prior to license issuance and prior to license renewal.
E
{2 )
OTS-9956:1
i
.. (b) The applicant or licensee shall incorporate department comments into its cost estimate and shall revise its financial surety accordingly.
(c)
Applicants shall obtain the appropriate financial assurance las approved by the department prior to receipt of licensed material.
The department may issue a new license if the applicant agrees to comply with the decommissioning funding plan as
{
approved.
If the acolicant defers execution of the financial instrument until after the license has been issued, a sicned cricinal of the financial instrument obtained to satisfv the recuirements of this section shall be submitted to the decartment before receiet of licensed material.
(d) Holders of licenses issued on or before the effective date of this rule shall submit a decommissioning funding plan to theSc3f(hXgf department by April 1,
1993.
Licensees shall implement the financial assurance requirements within thirty days of receiving department approval of the decommissioning funding plan. Licensees shall submit copies of the financial surety within thirty days of securing the surety and annually thereafter.
(6) Each person licensed under this chapter shall keep records of information important to the safe and effective decommissioning of the facility in an identified location until the license is terminated by the department.
If records of relevant information are kept for other purposes, reference to these records and their locations may be used.
Information the department considers important to decommissioning consists of:
(a) Records of spills or other unusual occurrences involving the spread of contamination in and around the f acility, equipment, or site.
These records may be limited to instances when contamination remains af ter any cleanup procedures or when there is reasonable likelihood that contaminants may have spread to inaccessible areas as in the case of possible seepage into porous materials such as concrete.
These records shall include any known information on identification of involved nuclides, quantities, forms, and concentrations.
(b) As-built drawings and modifications of structures and equipment in restricted areas where radioactive materials are used and/or
- stored, and of locations of possible inaccessible contamination such as buried pipes which may be subject to contamination.
If required drawings are referenced, each relevant document need not be indexed individually.
If drawings are not available, the licensee shall substitute appropriate records of available information concerning these areas and locations.
(c) Except for areas containina only sealed sources (provided the sources have not leaked or no contaminatien remains after anv leak) or decleted uranium used only for shieldinc or as eenetrators in unused munitions, or radioactive materials havinc only half-lives of less than sixty-five davs, a list contained in a sincle document and uodated everv two years. of the followira:
(i) All areas desienated and formerly desicnated as restricted areas as defined under WAC 246-220-010:
(ii)
All areas outside of restricted areas that recuire documentation under (a) of this subsection:
(iii) All areas outside of restricted areas where current and previous wastes have been buried as documented under WAC 246-221-230 (8) (a) - and EEE
[3 ]
OTS-9956:1
(iv)
All areas outside of restricted areas which contain' material such that, if the license exoired, the licensee would be recuired to either decontaminate the area to unrestricted release levels or acolv for accroval for discosal under WAC 246-221-180.
Records of the cost estimate performed for the decommissioning funding plan or of the amount certified for decommissioning, and records of the funding method used for assuring funds if either a funding plan or certification is used.
I
)
i
[4 )
OTS-9956:1 l
J
I AMENDATORY SECTION (Amending Order 184, filed 7/24/91, effective 8/24/91)
WAC 246-232-060 Termination of licenses and decommissioninc of sites and separate buildinas or outdoor areas.
(1)
Each specific licensee shall immediately notify the department in writing when the licensee decides to permanently discontinue all activities involving materials authorized under the license and request termination of the license.
This notification and request for termination of the license must include the reports and information specified in subsection (3)
(c) and (d) of this section.
The licensee is subject to the provisions of subsections (3) and (4) of this section, as applicable.
(2) No less than thirty days before the expiration date specified in a specific license, the licensee shall either:
(a) Submit an application for license renewal under WAC 246-235-050; or (b) Notify the department in writing if the licensee decides 1
not to renew the license.
{
(3) If a licensee does not submit an application for license renewal under WAC 246-235-050, the licensee shall on or before the i
expiration date specified in the license:
(a) Terminate use of ( (byproduct ) ) radioactive material; i
(b) Properly dispose of ((byproduct)) radioactive material; (c)
Submit a completed departmental form " Certificate of disposition of radioactive material" or eauivalent; and i
(d) Submit a radiation survey report to confirm the absence of radioactive materials or establish the levels of radioactive contamination, unless the department determines a radiation survey report is not necessary.
(i) If no radioactive contamination attributable to activities conducted under the license is detected, the licensee shall submit a certification that no detectable radioactive contamination was found.
If the information submitted under this paragraph and subsection (3)
(c) and (d) of this section is adequate, the j
department will notify the licensee in writing that the license is terminated.
(ii)
If detectable levels of radioactive contamination attributable to activities conducted under the license are found, the license continues in effect beyond the expiration date, if necessary, with respect to possession of residual radioactive material present as contamination until the department notifies the licensee in writing that the license is terminated.
During this time, the licensee is subject to the provisions of subsection (4) of this section.
In addition to the information submitted under subsection (3) (c) and (d) of this' section, the licensee shall submit a plan for decontamination, if necessary.
(4)
Each licensee who possesses residual
((byproduct))
radioactive material under subsection (3 ) (d) (ii) of this section, following the expiration of the facility and/or equipment date specified in the license, shall:
[1 )
OTS-9955:3
(a) Be limited to actions, involving radioactive materi'al related to decontamination and preparation for release for unrestricted use; and (b) Continue to control entry to restricted areas until they are suitable for release for unrestricted use and the department notifies the licensee in writing that the license is terminated.
The guidance contained in WAC 246-232-140, Schedule D,
shall be used in making this determination.
(5) Each general licensee licensed under the provisions of WAC 246-233-020(8), shall immediately notify the department in writing when the licensee decides to discontinue all activities involving radioactive materials authorized under the general license.
Such notification shall include a description of how the generally licensed mate. rial was disposed and the results of f acility surveys, if applicaole, to confirm the absence of radioactive materials.
(6)
Within sixty days of the occurrence of any of the followina, each licensee shall orovide notification to the deoartment in writino of such occurrence, and either becin decommissio una its site, or any secarate buildina or outdoor area that contains residual radioactivity so that the buildina or outdoor area is suitable for release in accordance with deoartment recuirements, or submit within twelve months of notification a decommissionina clan, if recuired by subsection (10) (a) of this section, and becin decommissionina upon accroval of that clan if:
(a)
The license has exoired or has been revoked by the deoartment; or (b) The licensee has decided to cermanently cease erincioal activities, as defined in this section, at the entire site or in any secarate buildina or outdoor area that contains residual radioactivity such that the buildina or outdoor area is unsuitable for release in accordance with deoartment reauirements: or (c)
No orincipal activities under the license have been conducted for a ceriod of twenty-four months: or (d) No principal activities have been conducted for a ceriod of twenty-four months in any seoarate buildina or outdoor area that contains residual radioactivity such that the buildina or outdoor area is unsuitable for release in accordance with derartment r e a u.t rements.
_(2)
As used in this section, princioal activities means activities authorized by the license which are essential to achievina the ourpose (s )
for which the license was issued or i
amended.
Storace durina which no licensed material is accessed for gpe or disposal and activities incidental to decontamination or decommissionina are not orincioal activities.
(8) Coincident with the notification recuired by subsection (6) of this section, the licensee shall maintain in effect all decommissionina financial assurances established bv the licensee oursuant to WAC 246-235-075 or as recuired by this section.
The amount of the financial assurance must be increased, or may be decreased, as accrooriate, to cover the detailed cost estimate for decommissionina established oursuant to subsection (10) (d) (v) of this section.
Followina accroval of the decommissionina clan, a licensee mav reduce the amount of the financial assurance as decommissionina croceeds and radioloaical contamination is reduced at the site with the aceroval of the decartment.
(9) The decartment may arant a reauest to extend the time ceriods established in subsection (6) of this section if the M
{ 2 ]
OTS-9955:3
o
. decartment determines that this relief is not detri ental to the oublic health and safety and is otherwise in the oublic interest.
The recuest must be submitted no later than thirtv davs before notification oursuant to subsection (6) of this section.
The schedule for decommissionina set forth in subsectier (6) of this section may not commence until the decartment has made a
determination on the recuest.
(10 ) (a ) A decommissionina clan must be submitted if recuired bv license condition or if the crocedures and activities necessary to carry out decommissionino of the site or secarate buildina outdoor area have not been oreviousiv accroved bv the decartment or and these crocedures could increase ootential health and safety imoacts to workers or to the oublic, such as in anv of the followina cases:
(i)
Procedures would involve technicues not acclied routinelv I
durine cleanuo or maintenance coerations:
(ii) Workers would be enterino areas not normally occuoied where surf ace contamination and radiation levels are sianificantly hieher than routinelv encountered durine operation:
)
(iii)
Procedures could result in sienificantly create.
airborne concentrations of radioactive materials than are cresent durina coeration; or (iv) Procedures could result in sienificantly creater releases of radioactive material to the environment than those associated with ooeration.
l 1
Jb)
The department may accrove an alternate schedule for submittal of a decommissionine olan recuired oursuant to subsection (6) of this section if the department determines that the alternative schedule is necessarv to the effective conduct of l
decommissionino coerations and oresents no undue risk from radiation to the oublic health and safety and is otherwise in the I
public interest.
_(c) Procedures such as those listed in (a) of this subsection with notential health and safetv imoacts may not be carried out orior to accroval of the decommissioninc olan.
ld) The crocosed decommissionino clan for the site or secarate buildino or outdoor area must i
include:
(i) A description of the conditions of the site or secarate buildine or outdoor area sufficient of the clan:
to evaluate the acceotability (ii) A descriotion of clanned decommissionina activities:
_(iii) A descriotion of methods used to ensure erotection of workers and the environment acainst radiation hazards durina decommissioninc:
(iv) A descriotion of the olanned final radiation survev:
(v)
An undated detailed cost estimate for decommissionino, comoarison of that estimate with oresent funds set aside for decommissionine, and a clan for assurina the availability of adecuate funds for comoletion of decommissionine (vi) A description of the ohvsical security olan and material l
control and accountino olan orovisions in olace durino decommissioninc:
(vii)
For decommissionina clans callina for comoletion of decommissioninc later than twentv-four months af ter clan accroval the clan shall include a iustification for the delav based on the criteria in subsection (12) of this section.
l M
(3 )
OTS-9955:3
(e) The crocosed decommissioninc olan will be accroved bv the' deoartment if the information therein demonstrates thst the decommissionine will be comcleted as soon as oracticable and that the health and safetv of workers and the oublic will be adecuatelv crotected.
(11) (a) Except as provided in subsection ~ (12) of this section, licensees shall comolete decommissionina of the site or seoarate buildina or outdoor area as soon as oracticable but no later than twenty-four months followine the initiation of decommissionina.
(b) Exceot as orovided in subsection (12) of this section, when decommissioninc involves the entire site, the licensee shall reauest license termination as soon as oracticable but no later than twentv-four months followina the initiation of deconmissionina.
(12) The department may acerove a reauest for an alternative schedule for completion of decommissionina of the site or seoarate buildinc or outdoor area, and license termination if accrocriate, if the deoartment determines that the alternative is warranted by consideration of the followinc:
(a)
Whether it is technically feasible to comolete decommissionine within the allotted twenty-four-month ceriod:
(b) Whether suf ficient waste disposal caoacity is available to allow comoletion of decommissionine within the allotted twentv-four-month period:
(c) Whether a sienificant volume reduction in wastes recuiring diseosal will be achieved bv allowinc short-lived radionuclides to decav:
(d) Whether a sienificant reduction in radiation exoosure to workers can be achieved by al]owine short-lived radionuclides to decav and (e)
Other site-soecific factors which the deoartment may consider acerceriate on a
case-bv-case
- basis, such as the reculatory recuirements of other covernment acencies, lawsuits, around water treatment activities, monitored natural around water restoration, actions that could result in more environmental harm than deferred cleanuo, and other factors bevond the control of the j
licensee.
1 (13) As the final sten in decommissionino, the licensee shall-(a)
Certify the diseosition of all licensed
- material, includino accumulated wastes, by submittina a comoleted certificate of disoosition of radioactive material or ecuivalent information:
and (b)
C.pnduct a radiation survey of the cremises where the licensed activities were carried out and submit a recort of the results of this survev unless the licensee demonstrates that the premises are suitable for release in some other manner.
The licensee shall, as accropriate:
(i) Reoort levels of camma radiation in units of millisieverts (microrcentaen) cer hour at one meter from surfaces, and recort levels of radioactivitv.
includina aloha and beta, in units of mecabecauerels (disintearations per minute or microcuries) cer one f
hundred scuare centimeters--removable and fixed--for surfaces, mecabecauerels (microcuries) cer milliliter for water.
and becauerels (oicoeuries) cer cram for solids such as soils or concrete and (ii) Soecify the survey inst rument (s ) used and certify that each instrument is crocerly calibrated and tested.
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OTS-9955:3
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.- (14) Soecific licenses, includinc exoired licenses, will be terminated bv written notice to the licensee when the decartment 1
determines that:
i-(a) Radioactive material has been orcoerlv diseased:
(b)
Reasonable effort has been made to eliminate residual radioactive contamination. if oresent and (c) (i)
A radiation survev has been eerformed which demonstrates that the cremises are suitable for release in accordance with decartment reauirements: or (ii) Other information submitted bv the licensee is sufficient to demonstrate that the premises are suitable for release in accordance with department recuirements.
(15) Specific licenses for uranium and thorium millina are exemot from subsections (6) (d), (9) and (10) of this section with resoect to reclamation of tailinas imeoundments and/or waste discosal areas.
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APR - 41997 b I~~ 3 Mr. Terry C. Frazee, Supervisor
/h Radioactive Materials Section
. Department of Health 1 State of Washington s
P.O. Box 47827 Olympia, WA 98504-7827
Dear Mr. Frazee:
We have reviewed the proposed changes to the Washington decommissioning requirements, as contained in the letter to all Radioactive Materials Licensees dated January 28,1997. The proposed rules were reviewed by comparison to the equivalent NRC regulations in 10 CFR Part 30 and 40.
As the result of the review we have no comments. Under our current procedure, a finding that a rule meets the compatibility requirements may only be made based on a review of the final text of the rule. However, we have determined that if the proposed rules were adopted without significant change, they would be compatible.
We request that when the proposed rules are adopted and published as final rules, a copy of the "as published" rules be provided to us for review. As requested in our All Agreement States Letter SP-96-027. "Recue;t. to Hiahliaht Channes to Aareement State Reaulations Submitted to NRC fer Cemc+R:Uw Review"(March 1,1996), please highlight the final changes and send one copy in a computer readable format, if possible, if you have any questions regarding the comments or any of the NRC rules used in the review, please contact me or Mr. Richard Blanton of my staff at (301) 415-2322.
Sincerely, Original Signed by Patricia Larkins for Paul H. Lohaus, Deputy Director Office of State Programs I
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STATE OF WASHINGTON DEPARTMENT OF HEALTH DIVISION OF RADIATION PROTECTION AirdostrialCenter, Bldg. 5
- F.O. sos 47827
- Obsnpin, Washington 98504 7827 March 13, 1997 Paul Lohaus, Deputy Director U.S. Nuclear Regulatory Commaission Cashington, D.C.
20555 Dear Mr.
us:. g(
This is to document the most recent rulemaking activity for the Radioactive Materials section.
Enclosed is a copy of my January 28, 1997 memo to All Radioactive Materials Licensees notifying them of proposed changes relating to decomunissioning requirements.
The Public Hearing was held Febr*Aary 25 and the proposed rules have been forwarded to upper management for adoption.
The following NRC rules which have been determined to be matters of compatibility s
cre covered in this rulemaking:
Additional decosunis jioning records (58. FR 39628) this requirement is found in amended WAC 24 6-23'-075 (6) (c).
Subsequent changes incorporated in 60 FR 38235 and 59 FR 36026 had been taken into account.
331f guarantee mechanism (58 FR 68726) - no action was taken on this compatibility item because it is covered by our WAC 246-235-075 (4 ) (e) which provides our licensees the option of "other methods that meet Part 30.35".
Therefore we meet this cospatiM11ty item because the self guarantee mechanism is allowed.
Timeliness in decoussissioning (59 FR 36026) this issue is covered in the amendment to WAC 246-232-060, subsections (6), (7) and (9) through (15).
Derossaissioning funding clarification (60 FR 38235) this clarification can be fcund in MAC 24 6-235-075 (5) (c) and WAC 246-232-060(8).
I have been informed that you have not been receiving automatic copies of all our mailings _.
Therefore this is the first opportunity you will have had to macs r0 view the proposed rulemaking needed to maintaj '
.satibility.
We will take cttps to assure that future essential mailinge
,a,
rwarded to you.
In the me:ntime we would appreciate your review of ti 5.
Iosed information and any comunents you may have relative to their acceptabil -
a meeting your expectations for the rules in question.
If you have any questions or any comments you can reach me at address, given above, cr by phone at (360) 753-3461, by fax (360) 753-1496, or by e-mail at tef03039 hub.doh.wa. gov.
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Sincerely,
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TCreamw F.nclosure CC:
Jack Horner
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STATE OF WASHINGTON DEPARTMENT OF HEALTH DIVISION OF aADIATION PROTECTION Airdatrial center,3Mg. s e v.O. sn es2:. olympia. wahington sasot-ra2 January 28,1997 To:
All Radioactive Materials Licensees g
From:,VTerry C. Frazee, Supervisor
. t Radioactive Materials Section
Subject:
PUBLIC HEARING ON RULE FOR DECOMMISSIONING On February 25,1997, the Department will conduct a public hearing to consider a proposed rule on licane termination and related requirements for decommissioning maior facilities. The hearing will be bid at 10 am in the canfaranea mom of the Diviaian of P=A=+ian hieMon Entt&ae 5. Airdn*ial Camar. 7171 Cl===w=*ar T maa Tumwa+ar. WA. Notincation of this hearing is also being published in j
the Washington State Register on February 5,1997.
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The proposed rule is a collection of several federal rule changes which have been deemed 'h matter of we.y.%1ity"for the Agreement States by the U. S. Nuclear Ra=" leary Commission. The proposed rule relates to decommissioning of facilities licensed to possess large q untities of radioactive materials.
The proposed rule 1) requires certain licensees to prepare and maintain additional documentation identifying all areas where radioactive materials or equipment were stored or used, where unusual occurrences or spills hapa-ad, or where waste was buried (this practice was out-lawed in 1980 but old licensees still need to keep records of pre-1980 burials); 2) establishes specific time periods for decommissioning unused ponions of operating facilities and for decommissioning the entire site upon i
termination of operations; and 3) requires Snancial assurance to be maintained in place dunng facility operation and to be updated when the licensee decides to cease operation and begin decommissioning.
This rule would help assure that areas with potential contamination are not overlooked and that unused facilities are not leR for long periods of time thus minimizing the risk ofinadvertent public intrusion and exposure to radiation.
There are approximately 30 licensees affected by this proposed rule. These licensees will receive a copy of the proposed rule with this mailing All other licensees are being sent this notice for informational purposes only. If you would like a copy of the proposed rule (and one is not enclosed), please call or write our secretary, Anna White, at (360) 753-4481 or P.O. Box 47827, Olympia, WA 98504-7827.
For other questions pennining to this proposed rule (or to comment) you can reach me at 360-753-3461 or via e-mail at TCF0303@ HUB.DOH.WA. GOV or at the same address.
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&MD (d M' I AMENDATORY SECTION (Amending Order 245, filed 21/92, effective 3/23/92)
WAC 246-235-075 Financial assurance and recordkeeping for decommissioning.
(1) Each applicant for one of the following licenses shall submit a decommissioning funding plan as described in this section:
(a) A specific license authorizing receipt of. radioactive waste for the purpose of volume reduction, repackaging or interim storage.
(b)
Receipt of contaminated
- articles, scrap
- material, equipment, or clothing to be decontaminated at the licensee's facility.
(c) A specific license authorizing the possession and use of radioactive material of half-life greater than one hundred twenty days and in quantities for unsealed material exceeding 10' times and for sealed forms exceeding 10" times the applicable quantities set forth in WAC 246-221-300 Appendix B (for a combination of isotopes
,the unity rule applies.
A decommissioning funding plan will be required if R is greater than 1, where R is defined as the sum of the ratios of the quantity for sealed and unsealed forms of each isotope compared to the applicable value derived from WAC 246-221-300). (d) A specific license authorizing possession and use of source material in readily dispersible form and in quantities greater than 10 millicuries.
(2) Each decommissioding' funding plan shall contain:
(a) A cost estimate for decommissioning facilities impacted by the activities authorized in the specific license.
(b)
A description of the method of assuring funds for decommissioning.
(c) A schedule for adjusting cost estimates and associated funding. levels periodically over the life of the facility or facilities.
(d)
A description of methods and general procedures for performing facility decontamination, maintaining security, and performing a final radiation survey.
(e) A commitment to clean up accidental spills promptly and to begin decommissioning of the facility or facilities within twelve months of ceasing operation involving radioactive material.
(3) Each cost estimate for decommissioning shall include:
(a)
A description of the facility and areas within the facility likely to require decommissioning as a result of routine operation.
(b) Anticipated labor, equipment and material costs.
(c) Anticipated waste volume.
(d) Anticipated packaging, transportation and waste disposal Costs.
(e)
An assessment of costs associated with an accident involving licensed material.
(4) Financial assurance fer decommissioning shall be provided by one or more of the following methods:
[1)
OTS-9956:1
2 (c) Prapcymant.
PrGpaymant is the deposit of sufficient funds to pay decommissioning costs.
Funds shall be deposited prior to the start of operation into an account segregated from licensee assets and ou: side the licysee's administrative control.
Prepayment may be in the form of a
- trust, escrow account, government fund, certificate of deposit, or deposit of government securities.
(b) A surety method, insurance, or other guarantee method.
These methods guarantee that decommissioning costs will be paid should the licensee default. A surety method may be in the form of a curety bond, letter of credit, or line of credic.
Any surety method or insurance used to provide financial assurance for decommissioning must contain the following conditions:
(i) The surety method or insurance shall be open-ended or, if written for a specified term, such as five years, shall be renewed automatically unless ninety days or more prior to the renewal date, the issuer notifies the department, the beneficiary, and the licensee of its intention not to renew.
The surety method or insurance sha.. also provide that the full face amount be paid to the beneficiary automatically prior to the expiration without proof of forfeiture if the licensee fails to provide a replacement acceptable to the department within thirty days after receipt of notification of cancellation.
(ii) The surety method or insurance shall be payable to a trust established for decommissioning costs. The trustee and trust shall be acceptable to the department. Acceptable trustees include an appropriate state or federal government agency or an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency.
(iii) The surety method or insurance must remain in effect until the department has terminated the license.
(c) An external sinking fund in which deposits are made at least annually, coupled with a surety method or insurance, the value of which may decrease by the amount being accumulated in the sinking fund.
An external sinking fund is a fund established and maintained by setting aside funds periodically in an account j
segregated from licensee assets and outside the licensee's administrative control.
The total amount of funds in the external sinking fund shall be sufficient to pay decommissioning costs at the time termination of operation is expected. An external sinking fund may be in the form of a trust, escrow account, government fund, certificate of deposit, or deposit of government securities.
]
The surety or insurance provisions shall be as stated in subsection j
(4) (b) of this section.
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(d) In the case of state or local government licensees, a statement of intent containing a cost estimate for decommissioning and indicating that funds for decommissioning will be obtained when necessary.
(e) Other methods of financial assurance as approved by the department. The department may approve other financial mechanisms submitted by the applicant or licensee provided the alternate method meets, at a minimum, the requirements of 10 C.F.R. 30.35 and associated U.S. Nuclear Regulatory Commission guidance.
(5) (a)
The department shall review each decommissioning funding plan prior to license issuance and prior to license renewal.'
M (2) oTS-9956:1 I
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(b) The applicant or licensee shall incorporate department comments into its cost estimate and shall revise its financial surety accordingly.
(c)
Applicants shall obtain the
.mppropriate financial assurance as approved. by the department prior to receipt of licensed material.
The department may issue a new license if'the applicant agrees to comply with the decommissioning funding plan as approved.
If the neolicant defers execution of the financial instrument until after the license has been issued, a siened cricinal of the financial instrument obtained to satisfy the recuirements of this section shall be submitted to the decartment before receiet of licensed material.
(d) Holders of licenses issued on or before the ef.fective date of this rule shall. submit a decommissioning funding plan to the department by April 1,
1993.
Licensees shall implement the financial assurance requirements within thirty days of receiving, department approval of the decommissioning funding plan. Licensees shall submit copies of the financial surety within thirty days of securing the surety and annually thereafter.
(6) Each person licensed under this chapter shall keep records of information important to the safe and ef fective decommissioning of the facility in _ an identified location until the license is terminated by the department.
If records of relevant information are kept for other purposes, reference to these records and their locations may, be used.
Information the department considers important to decommissioning consists of:
(a) Records of spills or other unusual occurrences involving the spread of contamination in and around the facility, equipment, or_ site.
These records may be limited to instances when contamination remains after any cleanup procedures or when there is reasonable likelihood that contaminants may have spread to inaccessible areas as in the case of possible seepage into porous materials such as concrete.
These records shall include any known information on identification of involved nuclides, quantities, forms,.and concentrations.
-(b) As-built drawings and modifications of structures and equipment' in restricted areas where radioactive materials are used and/or stored,_
and of locations of possible inaccessible contamination such as buried pipes which may be subject to contamination.
If required drawings are referenced, each relevant document need not be indexed individually.
If drawings are not available, the licensee shall substitute appropriate records of available~information concerning these areas and locations.
(c) Exceet for areas containinc only sealed sources (erovided the sources have not leaked or no contamination remains after anv leak) or deeleted uranium used eniv for shieldine or as eenetrator.1 in unused munitions, or radioactive materials havine oniv half-lives of less than sixtv-five days, a list contained in a sincle j
document and undated everv two vaars, of the followine:
(i) All areas desianated and fermer1v desienated as restricted areas - as defined under WAC e46-220-010 ;
(ii)
All areas outside of restricted areas that recuire l
documentation under (a) of this subsection;
( i ii') All areas outside of restricted areas where current and-I crevious wastes have been buried as documented under WAC 246-221-230 (8) (a) - and M
( 3 l' 0T5-9956:1 i
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(iv) All areas outside of restricred areas which contaiN m rial such that. if the license exoired, the licensee would be
-recuired to either decontaminate the area to unrestricted release levels er arciv for accroval for disoosal under WAC 246-221-180.
Records of the cost estimate performed for the decommissioning funding plan or of the amount certified for decommissioning, and records of the funding' method used for assuring funds if either a funding plan or cercification is used.
ens
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OTS-9956:1
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' AMENDATORY SECTION (Amending Order 184, filed 7/24/91, effective 8/24/91)
WAC 246-232-060 Termination of licenses and dee-4 saionine of sites and' senarate buildinas or outdoor areas.
(1)
Each specific licensee shall immediately notify the department in writing when the licensee decides to permanently discontinue all
. activities involving materials authorized under the. license and request termination of the license.
This notification and request for - termination of the license must. include the reports and information specified in subsection (3)
(c) and (d) of this section'.
The licensee is subject to the provisions of subsections (3) and (4) of this sec. tion, as applicable.
(2) No less than thirty days before the expiration date specified in a specific license, the licensee shall either:
(a) Submit an application for license renewal under WAC 246-235-050; or (b) Notify the department in writing if the licensee decides not to renew the license.
(3) If a licensee does not' submit an application for license renewal under WAC 246-235-050, the licensee shall on or before the expiration date specified in the license:
(a) Terminate use of ((byyeedweb)) radioactive material;
'(b) Properly dispose of ((bypeedvet)) radioactive material; (c) Submit a completed departmental form " Certificate of disposition of radioactive materiala or eauivalent; and (d) Submit a radiation survey report to confirm the absence of radioactive materials or establish the levels of radioactive contamination, unless the department determines a radiation survey report is not necessary.
(i) If no radioactive contamination attributable to activities conducted under the license is detected, the licensee shall submit a certification that no detectable radioactive contamination was found.
If the informatien submitted under this paragraph and subsection (3)
(c)- and (d) of this section -is adequate, the depar". ment will notify the licensee in writing that the license is terminated.
(ii)
If detectable levels 'of radioactive contamination attributable to activities conducced under the license are found, 4
the license continues in effect beyond the expiration date, if necessary, with respect to possession of residual radioactive material present as contamination until the department notifies the licensee in writing that the license is terminated.
During this time, the licensee is subject to the provisions of subsection (4) of this section.- In addition to the information submitted under subsection- (3) (c) and (d) of this section, the licensee shall submit a plan for decontamination, if.necessary.
(4)
Each licensee who possesses residual
( (bypeedvet) )
radioactive material under subsection (3) (d) (ii) of this section, following the expiration of the facility and/or equipment date specified in the license, shall:
M (1]
OTS-9955:2
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(a) Be limited to actions, involving radioactive material
~
related: to decontamination and preparation for release for unrestricted use; and.
(b) Continue to control entry to restricted areas until they are suitable for release for unrestricted use and the department notifies the licensee in writing that the license is terminated.
The guidance contained in WAC 246-232-140, Schedule D, shall be used in making this determination.
(5) Each general licensee licensed under the provisions of WAC 246-233-020(8), shall immediately notify the department in writing when the licensee decides to discontinue all activities involving radioactive materials authorized under the general license.
Such notification shell include a description of how the generally licensed material was disposed and the results of facility surveys, if applicable, to confirm the absence of radioactive materials.
(6)
Within sixtv davs of - the occurrence of any of the followina, each licensee shall orovide notification to the deoartment in writina of such occurrence, and either baain decs..issionina its site, or any senarate buildina or outdoor area that cantains residual radioactivity so that the buildina or outdoor area is suitable for release in accordance with denartment
.reauirements, or submit within - twelve n.onths of notification a decoinmissionina clan. -if reauired by subsection (10) (a) of this section, and bacin decommissionine unon aceroval of that clan ifr (a) The license has evnired or has been revoked by the denartmentr or (b) The licensee has decided to normanently cease erineinal activities, as defined in this section. at the entire site or in any smearate buildina or outdaar area that contafna residual radioactivity such that the buildina or outh-3r area is unsuitable for release in accordance with denartment reauir===ntse or (c)
No erineinal activities undar the liennae have been conducted for a meriod of twenty-four monthm; or (d) No erincioal activities have been conducted for a meriod of twenty-four months in any senarate buildina or outdoor area that contains residuni radioactivity such that the buildina or outdoor area is unsuitable for release in accordance with decartment reauirements.
(7) As used in this section. erincieal activities means activities authorized by the license which are essential to achievina the nurnome (s) for which the license was issued or amended. Eterace durina which no licensed material is accessed for use or diseosal and activities incidental to decontamination or decommissionine are not erincioal activities.
-(8) Coincident with the notification recuired by subsection (6) of this section. the licensee shall - maint ain in effect all decommissionina financial assurances established by the licensee ggguant to WAC 246-235-075 or as recuired by this section.
The amatot of the financial assurance must be increased. or may be decreased, as aeorooriate, to cover the detailed cost estimate for decommissionina established oursuant to subsection TL). of this (f o)(dX,v.)
section.
Followina amoroval of the decommissionine - elan, a
licensee may reduce the amount of the financial assurance as decommissionina croceeds and radioloaical contamination is reduced at the site with the aceroval of the decartment.
(9) The decartment may erant a reauest to extend the time eeriods established in subsection (6) of this section if the
[2]
OTS-9955:2
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denartment determines that this relief is not detrimental to the
?-
nublic health and safety and is otherwise in.the nublic interest.
The reauest must be submitted no later than thirty dava before notification nursuant to subsection (6) of this section.
The schedule for decommissionine set forth in subsection (6) of this section may not commence until-the denartment has made a
determination on the reauest.
(10) (a) A decommissionina clan must be submitted-if recuired by license condition or if the nrocedures and activities necessary to carry out decommiazionine of the site or senarate buildina or outdoor area have not been nreviousiv annreved by the denartment and these nrocedures could incrcase notential health and safety imnacts to workers or to the oublic, such as in. any of the followina casear (i) Procedures would involve techniaues not annlied routinelv durino cleanun or maintenance enerationar (114 Workers would be enterine areas not normally occunied where surface contamination and radiation levels are sienificantiv hieher'than routinelv encountered durine enerations (iii)
Procedures could result in sianificantly creater airborna concentrations of radioactive materials than are erament durine casrationr or fiv) Proced"res could result in sienificantiv eraatar releases of radioactive material to the environmant than those ammoeiated with eneration.
(b) The denartment may annrove an alternate schedule for submittal of a decommissionina nlan reauired nursuant to suhmeetion (6) of this section if the denartment determines that the alternative schedule is necessary to the effective conduct of decommissionine enerations and erements no undue risk frein radiation to the nublic health and safety and is otherwise in the nublic interest.
(c) Procedures such as those listed in (a) of this subsection with notential health and safety innacts may not be carried out nrior to annroval of the dee w issionina nlan, (d) The nronosed dect=missionino olan for the site or senarate buildine or outdoor area must includer (i) A descrintion of the cowlitions of the site or senarate buildina or outdoor area sufficient to evaluate the accentability of the nlan (11) A descrintion of nianned decommiasionine activitiesr (iii) A descrintion of methods used to ensure erotection of workers and the environment aaminst radiation hazards durino decommissioninar fiv) A descrintion of the nianned final radiation survevr (v) An undated detailed cost estimate for decommissionine, comnarison of that estimate with nresent funda set aside for dee - 4saionina, and a clan for assurino the availability of adeaunte funds for comolation of deemamissioniner (vi) A demerintion of the ohvsical security elan and material control and accountina olan orovisions in niace durine decommissioniner (vii) For decommissionina clans calline for comnletion of geommissionine later than twenty-four months af ter nian annroval.
the nian shall include a iustification for the delav based on the criteria in subsection (12) of this section.
[3]
OTS-9955:2
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(e) The ercoosed decommissionina clan will be accrowed Tv th'e decartment if the information therein demonstra es that the decc=4 ssionina will be comeleted as soon as cracticable and that the health and safety of workers and the oublic will be adecuatelv erotected.
(11)(a) Exceot as orovided in subsection (12) of this section.
licensees shall comolete decommissionine of the site or senarate buildina or outdoor area as soon as oracticable but no later than twenty-four months followina the initiation of decommirsionina.
(b) Excent as orovided in subsection (12) of this section.
when dacc issionina involves the entire site, the licensee shall reauest license termination as soon as oracticable but no later than twenty-four months followine the initiation of decca c.insionina.
(12) The decartment may accrove a reauest for an alternative schedule for comeletion of decommissieQc of the site or senarate buildina or outdoor area, and license termination if accrocriate, if the decartment determines that the alternative is warranted by consideration of the followinar (a)
Whether it is technically-feasible to camolete deccca.insionine within the allotted twenty-four-month ceriods (b) Whether sufficient waste disoosal canacity is available to allow comolation of decommisaionina within the allotted twenty-four-month ceriodr (c) Whether a sianificant voluma reduction in wastes reauirina diseosal will be achieved by allowine short-lived radionnelides to decave (d) Whether a sianificant reduction in radiation e mosure to workers can be achieved by allowine short-lived radionueTides to decave and fa) Oeher site-soecific factors which the decartment mav consider amorooriate on a
case-by-case
- basis, such as the reaulatory recuirements of other covere==nt aaencies. lawsuits.
around water treatment activities, monitored natural around water restoration, actions that could result in more envircr==ntal ham than deferred cleanuo, and other factors bevond the control of the licensee.
(13) As the final sten in decommisaionina the licensee shall r (a)
Certify the disoosition of all licensed
- material, hed wandes, by submittine a comoleted certificate of disoosition of radioactive material or eauivalent information; Eld (b) -Cohduct a radiation survev ef the eremises where the licensed activities were carried out and submit a reoort of the results of this survev unless the licensee demonstrates that Ihg oremises are suitable for release in some other manner.
The licensee shall. as anorocriater (i) Reoort levels of camma radiation in units of millisieverts (microroentaan) ear hour at one meter from surf aces, and reoort levels of radioactivity, includine aleha and beta. in units of meaabecauerels (disintearations ner minute or microcuries)
Der one hundred sauare centimeters--removable and fixed--for surfaces, megabecouergia (microcuries) oer milliliter for
- water, and becouerels (oicoeuries) cer aram for solids such as soils or concreter and (ii) Sece.$fy the survey inst rument (s) used and certify that garf_1 instrument is crocerly calibrated and tested.
(4 3' OTS-9955:2
{:l,", -
(14) Soecifie licenses, includino exoired licenses, will be e'
terminated bv written notice to the licensee when the decartment determines that:
f (a) Radioactive material has been crocerly discesed; I
(b) Reasonable effort has been made to eliminate residual radioactive contamination. if oresent; and (c) (i)
A radiation survey has been oerformed which demonstrates that the cremises are suitable for release in accordance with decartment recuirements; or (ii) Other information submitted by the licensee is suf ficient to demonstrate that the cremises are suitable for release in accordance with decartment recuirements.
(15) Soecifie licenses for uranium and thorium millina are exemot from subsections (6) (d)
(9) and (10) of this section with resoect to reclamation of tailinas imeoundments and/or waste discosal areas.
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