| (a) The requirements of this section do not apply to licenses issued under Subchapter H of this chapter (relating to Licensing Requirements for Near-Surface Land Disposal of Low-Level Radioactive Waste). (b) A decommissioning plan shall be submitted with the license application required by §336.615 of this title (relating to Inactive Disposal Sites) and §336.1211 of this title (relating to Filing Application for a Special License). Holders of licenses of inactive disposal sites shall submit a decommissioning plan with the renewal application. Holders of licenses of active disposal sites shall submit a decommissioning plan no later than the date specified in §336.625(e)(2) of this title (relating to Expiration and Termination of Licenses). (c) The executive director may approve an alternate schedule for submittal of a decommissioning plan required under §336.625(e)(2) of this title if the executive director determines that: (1) the alternative schedule is necessary for the effective conduct of decommissioning operations; and (2) presents no undue risk from radiation to the public health and safety and is otherwise in the public interest. (d) A licensee shall request a license amendment to amend a decommissioning plan if revised procedures could increase potential health and safety impacts to workers or to the public. Examples of procedures that require a license amendment include, but are not limited to: (1) procedures that involve techniques not applied routinely during cleanup or maintenance operations; (2) workers entering areas not normally occupied where surface contamination and radiation levels are significantly higher than routinely encountered during operation; (3) procedures that could result in significantly greater airborne concentrations of radioactive materials than are present during operation; or (4) procedures that could result in significantly greater releases of radioactive material to the environment than those associated with operation. (e) Procedures with potential health and safety impacts, such as those listed in subsection (d) of this section, may not be carried out prior to approval by the commission of the decommissioning plan. (f) The proposed decommissioning plan for the site or separate building or outdoor area shall include: (1) a description of the conditions of the site or separate building or outdoor area sufficient to evaluate the acceptability of the plan; (2) a description of planned decommissioning activities; (3) a description of methods used to ensure protection of workers and the environment against radiation hazards during decommissioning; (4) a description of the planned final radiation survey; (5) 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; (6) for decommissioning plans calling for completion of decommissioning later than 24 months after plan approval, a justification for the delay based on the criteria in subsection (h) of this section; and (7) a description of the quality assurance/quality control program. (g) The proposed decommissioning plan may be approved by the commission by license amendment if the information demonstrates that the decommissioning will be completed as soon as practicable and that the health and safety of workers and the public will be protected. (h) Except as provided in subsection (j) of this section, the licensee shall complete decommissioning of the site or separate building or outdoor area as soon as practicable but no later than 24 months following the initiation of decommissioning. (i) Except as provided in subsection (j) of this section, when decommissioning involves the entire site, the licensee shall request license termination as the final step in decommissioning, which shall be as soon as practicable but no later than 24 months following the initiation of decommissioning. (j) The commission may approve by license amendment a request for an alternate schedule for completion of decommissioning of the site or separate building or outdoor area, and license termination if appropriate, if the commission determines that the alternative is warranted by consideration of the following: (1) whether it is technically feasible to complete decommissioning within the allotted 24-month period; (2) whether sufficient waste disposal capacity is available to allow completion of decommissioning within the allotted 24-month period; (3) whether a significant volume reduction in wastes requiring disposal will be achieved by allowing short-lived radionuclides to decay; (4) whether a significant reduction in radiation exposure to workers can be achieved by allowing short-lived radionuclides to decay; and (5) other site-specific factors which the commission may consider appropriate on a case-by-case basis, such as the regulatory requirements of other government agencies, lawsuits, groundwater treatment activities, monitored natural groundwater restoration, actions that could result in more environmental harm than deferred cleanup, and other factors beyond the control of the licensee. (k) As the final steps in decommissioning, the licensee shall: (1) certify the disposition of all licensed material, including accumulated wastes; (2) 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 commission approved manner. The licensee shall, as appropriate: (A) report levels of gamma radiation in units of microroentgens (millisieverts) per hour at 1 meter from surfaces, and report levels of radioactivity (removable and fixed), including alpha and beta, in units of disintegrations per minute or microcuries (megabecquerels) per 100 square centimeters for surfaces, microcuries (megabecquerels) per milliliter for water, and picocuries (becquerels) per gram for solids such as soils or concrete; and (B) specify the survey instrument(s) used and certify that each instrument is properly calibrated and tested; and (3) submit a request for license termination, which includes, but is not limited to, the information required by paragraphs (1) and (2) of this subsection. (l) The executive director may require the licensee to provide any other information necessary to demonstrate that the facilities and land are suitable for release. |
| Source Note: The provisions of this §336.613 adopted to be effective September 3, 1998, 23 TexReg 8837; amended to be effective September 14, 2000, 25 TexReg 8989; amended to be effective February 28, 2008, 33 TexReg 1570 |
