ML22026A403

CRCPD Part O Draft

ML22026A403
Person / Time
Issue date:	01/26/2022
From:	Office of Nuclear Material Safety and Safeguards
To:
Beardsley M
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ML22026A343	List: ML22026A361 ML22026A362 ML22026A365 ML22026A398 ML22026A400 ML22026A402 ML22026A403 ML22026A404 ML22031A210 ML22049A249
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Download: ML22026A403 (11)

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Sec. O.1 - O.3 SSRCR Volume I - July 2021 PART O DECOMMISSIONING Sec. O.1 - Purpose. This Part provides for removing safely from service a facility or site having radioactive material, a radiation-producing or radioactivity-inducing machine.

Sec. O.2 - Scope.

a. Any person licensed to receive, possess, own, acquire, use, process, transfer or dispose of radioactive material is subject to this Part, except the following:

i. Low-level waste disposal facility licensees under Part M of these regulations (ancillary facilities that support radioactive waste management and disposal activities are subject to this Part); and ii. Uranium and thorium recovery facility licensees under Part U, Appendix A, of these regulations, or uranium solution extraction facilities.

b. In addition to conforming to the licensing, registration or reporting requirements of these regulations and the standards for protection in Part D of these regulations, the person responsible for decommissioning a facility or site that is within the scope of this Part is required to conform to the requirements of this Part.

Sec. O.3 - Definitions. As used in this Part, these terms have the definitions set forth below.

"Critical group" means the group of individuals reasonably expected to receive the greatest exposure to residual radioactivity for any applicable set of circumstances.

"Decommission" means to remove safely from service and reduce residual radioactivity to a level that permits (1) release of the property for unrestricted use and termination of the license or (2) release of the property under restricted conditions and termination of the license.

"Decommissioning plan" means a written document that includes the licensees planned procedures and activities for decommissioning of the facility or site.

"Distinguishable from background" means that the detectable concentration of a radionuclide is statistically different from the background concentration of that radionuclide in the vicinity of the site or, in the case of structures, in similar materials using adequate measurement technology, survey, and statistical techniques.

"Facility" means the location within one building, vehicle, or under one roof and under the same administrative control (1) at which the possession, use, processing or storage of radioactive material is or was authorized or (2) at which one or more radiation-producing machines or radioactivity-inducing machines are installed or located. "Facility" may also mean multiple such locations at a site or part of a site.

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SSRCR Volume I -July 2021 Sec. O.3 - O.5 "Final radiation survey" means the survey of the facility or site after decommissioning activities have been completed during which the determination is made by the licensee that the facility or site meets the Agencys release criteria.

"Licensee" means any person who is licensed by the Agency, as defined in Part A of these regulations. For purposes of this Part O, the term "licensee" also means any person who is responsible for decommissioning by being registered with the Agency, being subject to a record of possession of a radiation source or device under general license, or being otherwise legally obligated to conduct decommissioning activities in accordance with these regulations and the Act.

"Principal activity" means an activity authorized by the license which is essential to achieving the purpose(s) for which the license was issued or amended. Storage during which no licensed material is accessed for use or disposal and activity incidental to decontamination or decommissioning are not principal activities.

"Residual radioactivity" means radioactivity in structures, materials, soils, groundwater, and other media at a site resulting from activities under the licenses control. This includes radioactivity from all licensed and unlicensed sources used by the licensee, but excludes background radiation. It also includes radioactive materials remaining at the site as a result of routine or accidental releases of radioactive material at the site and previous burials at the site, even if those burials were made in accordance with provisions of these regulations.

"Restricted use" means that a limit or control has been placed on future use of the facility and the facility is no longer under the control of the licensee registrant of holder of the record of possession.

"Site" means the area contained within the boundary of a location under the control of persons generating or storing radioactive materials.

"Unrestricted use" means that the facility or area may be used by individuals for any purpose without limits or controls. The facility or area is no longer under the control of the licensee registrant or holder of the record of possession.

Sec. O.4 - Minimization of Contamination.

a. Applicants for licenses, other than renewals, shall describe in the application how facility design and procedures for operation will minimize, to the extent practicable, contamination of the facility and the environment, facilitate eventual decommissioning, and minimize, to the extent practicable, the generation of radioactive waste.

b. Licensees shall, to the extent practical, conduct operations to minimize the introduction of residual radioactivity into the site, including the subsurface, in accordance with the existing radiation protection requirements in Part D and radiological criteria for license termination in Part O.

Sec. O.5 - An Expired License Remains in Effect Until Final Agency Action.

a. In accord with Part C of these regulations, each existing license shall not expire until final Agency action.

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Sec. O.5 - O.6 SSRCR Volume I - July 2021

b. With respect to possession of radioactive material and residual radioactive contamination, each specific license continues in effect beyond the expiration date until the agency notifies the licensee in writing that the license is terminated, even if:

i. The licensee decides not to renew the license [Part C.32c.ii.];

ii. No application for license renewal is submitted [Part C.32d.];

iii. An application for renewal is denied; or iv. The Agency modifies or suspends a license.

c. After the expiration date specified in the license, each licensee to which O.5b applies and who possesses radioactive material, including residual radioactive material shall:

i. Limit actions involving radioactive material to those related to decommissioning; and, ii. Continue to control entry to restricted areas until they are suitable for release in accordance with Agency requirements.

Sec. O.6 - Decommissioning Timeliness.

a. Each licensee or person in possession of a non-exempt source of radiation who decides to terminate all activities involving that source of radiation shall notify the Agency immediately, in writing.

b. Each licensee or person responsible for a facility or site which includes a non-exempt source of radiation or which may be contaminated by residual radioactivity shall, no less than 30 days before vacating or relinquishing possession or control of the facility or site, notify the Agency, in writing, of the intent to vacate.

c. The licensee shall notify the Agency in writing within 60 days of the occurrence of any of the following:

i. The licensee has decided to permanently cease principal activities 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 these regulations; or, ii. No principal activities under the license have been conducted for a period of 24 months; or, iii. 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 these regulations.

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Sec. O.6 - O.7 SSRCR Volume I - July 2021

d. From the date of notification of the Agency required in O.6a. and O.6b, the licensee shall either:

i. Begin decommissioning activities; or ii. Within 12 months of notification submit a decommissioning plan, if required by O.7, and begin decommissioning upon Agency approval of that plan.

e. Coincident with the notification of the Agency required in O.6a. and O.6b., the licensee shall maintain in effect all decommissioning financial assurances established by the licensee pursuant to Part S of these regulations in conjunction with a license issuance or renewal or as required by this Part. 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 O.7d.v.

f. The Agency may approve an alternate schedule for the submission of plans and for the completion of decommissioning as required pursuant to O.6a. and O.6b. if the Agency determines that the alternate schedule (1) is necessary to effectively conduct decommissioning, (2) presents no undue risks to public health and safety, and (3) is otherwise in the public interest. The request must be submitted no later than 30 days before notification pursuant to Part C.32b. of these regulations. The schedule for decommissioning may not commence until the Agency has made a determination on the request.

Sec. O.7 - Decommissioning Plan.

a. A licensee must submit a decommissioning plan: if the licensee intends to terminate the license using radiological criteria specified in O.10 or O.11; if otherwise required by these regulations; 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 Agency and these procedures could increase potential health and safety impacts to workers or to the public, such as in any of the following cases:

i. Procedures would involve techniques not applied routinely during cleanup or maintenance operations; ii. Workers would be entering areas not normally occupied where surface contamination and radiation levels are significantly higher than routinely encountered during the operation for which the license was issued; iii. Procedures could result in significantly greater airborne concentrations of radioactive materials than are present during operation; or, iv. Procedures could result in significantly greater releases of radioactive material to the environment than those associated with the operation for which the license was issued.

b. Procedures with potential health and safety impacts may not be carried out prior to approval of the decommissioning plan.

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Sec. O.7 - O.8 SSRCR Volume I - July 2021

c. The proposed decommissioning plan for the facility or site (or separate building or outdoor area) must include:

i. A description of the conditions of the facility or site sufficient to evaluate the acceptability of the plan; ii. A description of planned decommissioning activities; iii. A description of methods used to ensure protection of workers and the environment against radiation hazards during decommissioning; iv. A description of the radiation survey planned to demonstrate compliance with 0.8d.

and O.9a. (or if applicable, O.10 or O.11); and,

v. 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.

d. For decommissioning plans calling for completion of decommissioning later than 24 months after plan approval, the plan shall include a justification for the delay. The proposed decommissioning plan will be approved by the Agency 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.

Sec. O.8 - Completion of Decommissioning.

a. The licensee shall complete decommissioning of the facility or site as soon as practicable but no later than 24 months following the initiation of decommissioning, unless an alternate schedule addressing the factors in O.8c. is requested with written justification and approved by the Agency.

b. When decommissioning involves the entire site, the licensee shall request license termination upon completion of decommissioning activities.

c. For decommissioning plans calling for completion of decommissioning later than 24 months after plan approval, the plan shall include a justification for the decommissioning schedule 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 a significant volume reduction in wastes requiring disposal will be achieved by allowing short-lived radionuclides to decay; O5

SSRCR Volume I -July 2021 Sec. O.8 - O.9 iv. Whether a significant reduction in radiation exposure to workers can be achieved by allowing short-lived radionuclides to decay; and,

v. Other site-specific factors which the Agency 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.

d. As the final step in decommissioning, 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 unless the licensee demonstrates that the premises are suitable for release in some other manner. The licensee shall, as appropriate:

(1) Report levels of gamma radiation in units of millisieverts (or microroentgens) per hour at one meter from surfaces, and report levels of radioactivity, including alpha and beta, in units of megabecquerels (or disintegrations per minute or microcuries) per 100 square centimeters - removable and fixed - for surfaces, megabecquerels (or microcuries) per milliliter for water, and becquerels (or picocuries) per gram for solids such as soils or concrete; and, (2) Specify the survey instrument(s) used and certify that each instrument is properly calibrated and tested.

ii. Certify the disposition of all licensed material including accumulated wastes, by submitting a completed Agency Form T (Attachment A) or equivalent information.

Sec. O.9 - Termination of a License Without Restriction.

a. 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 millisievert (25 mrem) per year, including that from groundwater sources of drinking water, and the residual radioactivity has been reduced to levels that are as low as reasonably achievable (ALARA). Determination of the levels which are ALARA must take into account consideration of any detriments, such as deaths from transportation accidents, expected to potentially result from decontamination and waste disposal.

b. Specific licenses, including expired licenses, will be terminated upon written notice to the licensee when the Agency determines that:

i. Radioactive material has been properly disposed; ii. Reasonable effort has been made to eliminate residual radioactive contamination, if present; and; O6

Sec. O.9 - O.10 SSRCR Volume I - July 2021 iii. Documentation is provided to the Agency that:

(1) A radiation survey has been performed which demonstrates that the premises are suitable for release in accordance with Agency requirements; or (2) Other information submitted by the licensee is sufficient to demonstrate that the premises are suitable for release in accordance with Agency requirements.

Sec. O.10 - License Termination Under Restricted Conditions. A site will be considered acceptable for license termination under restricted conditions if:

a. The licensee can demonstrate that further reductions in residual radioactivity necessary to comply with the provisions of O.9a. would result in net public or environmental harm or were not being made because the residual levels associated with restricted conditions are ALARA. Determination of the levels which are ALARA must take into account consideration of any detriments, such as traffic accidents, expected to potentially result from decontamination and waste disposal; and

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 0.25 millisievert (25 mrem) per year, including that from groundwater sources of drinking water; and

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:

i. Funds placed into an account 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; ii. A statement of intent in the case of Federal, State, or local Government licensees, as described in 10 CFR 30.35(f)(4); or iii. When a governmental entity is assuming custody and ownership of a site, an arrangement that is deemed acceptable by such governmental entity; and

d. The licensee has submitted a decommissioning plan to the Agency indicating the licensee's intent to decommission in accordance with this Part O and specifying that the licensee intends to decommission by restricting use of the site. 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 incorporated, as appropriate, following analysis of that advice; O7

SSRCR Volume I -July 2021 Sec. O.10

i. Licensees proposing to decommission by restricting use of the site shall seek advice from such affected parties regarding the following matters concerning the proposed decommissioning:

(1) Whether provisions for institutional controls proposed by the licensee:

(a) Will provide reasonable assurance that the TEDE from residual radioactivity distinguishable from background to the average member of the critical group will not exceed the applicable limit in Part D of these regulations; and (b) Will be enforceable; and (c) Will not impose undue burdens on the local community or other affected parties; and (2) Whether 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; and ii. In seeking advice on the issues identified in O.10d.i., the licensee shall provide for:

(1) Participation by representatives of a broad cross section of community interests who may be affected by the decommissioning; (2) An opportunity for a comprehensive, collective discussion on the issues by the participants represented; and (3) A publicly available summary of the results of all such discussions, 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; and

e. 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 as low as reasonably achievable and would not exceed either:

i. 1 millisievert (100 mrem) per year; or ii. 5 millisievert (500 mrem) per year provided the licensee:

(1) Demonstrates that further reductions in residual radioactivity necessary to comply with the 1 millisievert/year (100 mrem/y) value of O.10e.i. are not technically achievable, would be prohibitively expensive, or would result in net public or environmental harm; O8

Sec. O.10 - O.11 SSRCR Volume I - July 2021 (2) Makes provisions for durable institutional controls; and (3) Provides sufficient financial assurance 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 no less frequently than every 5 years to assure that the institutional controls remain in place as necessary to meet the criteria of O.10b. and to assume and carry out responsibilities for any necessary control and maintenance of those controls. Acceptable financial assurance mechanisms are those in O.10c.

Sec. O.11 - Alternate Criteria for License Termination.

a. The Agency may terminate a license using alternate criteria greater than the dose criteria of O.10b. and O.10d.i.(1)(a), if the licensee:

i. 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, could be more than the 1 millisievert/year (100 mrem/y) limit of Part D of these regulations, by submitting an analysis of possible sources of exposure; and ii. Has employed, to the extent practical, restrictions on site use according to the provisions of O.10 in minimizing exposures at the site; and iii. Reduces doses to ALARA levels, taking into consideration any detriments such as traffic accidents expected to potentially result from decontamination and waste disposal; and iv. Has submitted a decommissioning plan to the Agency indicating the licensee's intent to decommission in accordance with this Part O 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:

(1) Participation by representatives of a broad cross section of community interests who may be affected by the decommissioning; (2) An opportunity for a comprehensive, collective discussion on the issues by the participants represented; and (3) A publicly available summary of the results of all such discussions, 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.

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SSRCR Volume I - July 2021 Sec. O.11 - O.13

v. 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 use of alternate criteria to terminate a license requires the approval of the Agency after consideration of the staff's recommendations that will address any comments provided by federal, state and local governments and any public comments submitted pursuant to O.12.

Sec. O.12 - Public Notification and Public Participation. Upon the receipt of a decommissioning plan from the licensee, or a proposal by the licensee for release of a site pursuant to O.10 or O.11, or whenever the Agency deems such notice to be in the public interest, the Agency shall:

a. Notify and solicit comments from:

i. 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; and ii. The Environmental Protection Agency for cases where the licensee proposes to release a site pursuant to O.11.

b. Publish a notice in a forum, such as local newspapers, letters to state or local organizations, or other appropriate forum, that is readily accessible to individuals in the vicinity of the site, and solicit comments from affected parties.

Sec. O.13 - Applicability of Decommissioning Criteria Following License Termination. After a site has been decommissioned and the license terminated in accordance with the criteria in this Part, the Agency will require additional cleanup only if, based on new information, it determines that the criteria of this Part were not met and residual radioactivity remaining at the site could result in significant threat to public health and safety.

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Attachment A SSRCR Volume I - July 2021 PART O ATTACHMENT A FORM T - CERTIFICATE OF TERMINATION AND DISPOSITION OF RADIOACTIVE MATERIAL LICENSEE NAME: LICENSE NUMBER:

ADDRESS:

The following information is provided in accordance with Part O.8. This regulation is attached to this form. Complete the items below which are applicable to your licensed activity:

__ 1. All use of radioactive materials authorized under the above referenced license has been terminated.

__ 2. Radioactive contamination has been removed to the level outlined in Part O.9 to the extent practicable.

__ 3. All radioactive material previously procured and/or possessed under the authorization granted by the above referenced license has been disposed of as follows:

__ Transferred to (Name and Address): ___________________________________________

which is authorized to possess such material under License Number ______

issued by (Licensing Agency): __________________________________________

__ Decayed, surveyed and disposed of as non-radioactive trash.

__ Licensed under License Number: _________________________________________

issued by (Licensing Agency): __________________________________________

__ No radioactive material has ever been procured and/or possessed by the licensee under the authorization granted by the above referenced license.

__ Other (Attach additional pages).

__ 4. Attached are radiation surveys or the equivalent as specified in Part O.8d.i.

__ 5. Additional remarks. (Attach additional pages).

THE UNDERSIGNED, ON BEHALF OF THE LICENSEE, HEREBY CERTIFIES THAT LICENSABLE QUANTITIES OF RADIOACTIVE MATERIAL UNDER THE JURISDICTION OF [STATE RADIATION CONTROL PROGRAM] ARE NOT POSSESSED BY THE LICENSEE. IT IS THEREFORE REQUESTED THAT THE ABOVE REFERENCED LICENSE BE TERMINATED.

DATE: _____________________ SIGNATURE: _________________________________

TITLE: _________________________________

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