| (4) All licensees who make reports in accordance with
paragraph (1) of this subsection shall submit the report in writing
to the agency.
(zz) Reports of planned special exposures. The licensee
shall submit a written report to the agency within 30 days following
any planned special exposure conducted in accordance with subsection
(k) of this section, informing the agency that a planned special exposure
was conducted and indicating the date the planned special exposure
occurred and the information required by subsection (qq) of this section.
(aaa) Notifications and reports to individuals.
(1) Requirements for notification and reports to individuals
of exposure to sources of radiation are specified in §289.203
of this title.
(2) When a licensee is required in accordance with
subsection (yy) or (zz) of this section to report to the agency any
exposure of an identified occupationally exposed individual, or an
identified member of the public, to sources of radiation, the licensee
shall also notify the individual and provide a copy of the report
submitted to the agency, to the individual. Such notice shall be transmitted
at a time not later than the transmittal to the agency, and shall
comply with the provisions of §289.203(d)(1) of this title.
(bbb) Reports of leaking or contaminated sealed sources.
The licensee shall immediately notify the agency if the test for leakage
or contamination required in accordance with §289.201(g) of this
title indicates a sealed source is leaking or contaminated. A written
report of a leaking or contaminated source shall be submitted to the
agency within 5 days. The report shall include the equipment involved,
including the device manufacturer, model and serial number; the test
results; the date of the test; model and serial number; if assigned,
of the leaking source, the radionuclide and its estimated activity;
and the corrective action taken.
(ccc) Vacating premises.
(1) Each licensee or person possessing non-exempt sources
of radiation shall, no less than 30 days before vacating and relinquishing
possession or control of premises, notify the agency, in writing,
of the intent to vacate.
(2) The licensee or person possessing non-exempt radioactive
material shall decommission the premises to a degree consistent with
subsequent use as an unrestricted area and in accordance with the
requirements of subsection (ddd) of this section.
(ddd) Radiological requirements for license termination.
(1) General provisions and scope.
(A) The requirements in this section apply to the decommissioning
of facilities licensed in accordance with §289.252 of this title, §289.253
of this title (relating to Radiation Safety Requirements for Well
Logging Service Operations and Tracer Studies), §289.255 of this
title (relating to Radiation Safety Requirements and Licensing and
Registration Procedures for Industrial Radiography), §289.258
of this title (relating to Licensing and Radiation Safety Requirements
for Irradiators), and §289.259 of this title (relating to Licensing
of Naturally Occurring Radioactive Material).
(B) The requirements in this section do not apply to
the following:
(i) sites that have been decommissioned prior to October
1, 2000, in accordance with requirements identified in this section
and in §289.252 of this title; or
(ii) sites that have previously submitted and received
approval on a decommissioning plan by October 1, 2000.
(C) After a site has been decommissioned and the license
terminated in accordance with the requirements in the subsection,
the agency will require additional cleanup if it determines that the
requirements of the subsection were not met and residual radioactivity
remaining at the site could result in significant threat to public
health and safety.
(D) When calculating TEDE to the average member of
the critical group, the licensee shall determine the peak annual TEDE
dose expected within the first 1,000 years after decommissioning.
(2) Radiological requirements for unrestricted use.
A site will be considered acceptable for unrestricted use if the residual
radioactivity that is distinguishable from background radiation results
in a TEDE to an average member of the critical group that does not
exceed 25 mrem (0.25 mSv) per year, including that from groundwater
sources of drinking water, and the residual radioactivity has been
reduced to levels that are ALARA. Determination of the levels that
are ALARA shall take into account consideration of any detriments,
such as deaths from transportation accidents, expected to potentially
result from decontamination and waste disposal.
(3) Criteria for license termination under restricted
conditions. A site will be considered acceptable for license termination
under restricted conditions if:
(A) the licensee can demonstrate that further reductions
in residual radioactivity necessary to comply with the requirements
of paragraph (2) of this subsection 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 shall take into account consideration of
any detriments, such as traffic accidents, expected to potentially
result from decontamination and waste disposal;
(B) the licensee has made provisions for legally enforceable
institutional controls that provide reasonable assurance that the
TEDE from residual radioactivity distinguishable from background to
the average member of the critical group will not exceed 25 mrem (0.25
mSv) per year;
(C) the licensee has provided sufficient financial
assurance to enable an independent third party, including a governmental
custodian of a site, to assume and carry out responsibilities for
any necessary control and maintenance of the site. Acceptable financial
assurance mechanisms are:
(i) funds placed into a trust 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% real rate of return on investment;
(ii) a statement of intent in the case of federal,
state, or local government licensees, as described in §289.252(gg)
of this title; or
(iii) when a governmental entity is assuming custody
and ownership of a site, an arrangement that is deemed acceptable
by such governmental entity.
(D) the licensee has submitted a decommissioning plan
or License Termination Plan (LTP) to the agency indicating the licensee's
intent to decommission in accordance with §289.252(y) of this
title, and specifying that the licensee intends to decommission by
restricting use of the site. The licensee shall document in the LTP
or 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.
(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:
(I) 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 25 mrem (0.25
mSv) TEDE per year;
(-b-) will be enforceable; and
(-c-) will not impose undue burdens on the local community
or other affected parties; and
(II) 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.
(ii) In seeking advice on the issues identified in
clause (i) of this subparagraph, the licensee shall provide for:
(I) participation by representatives of a broad cross
section of community interests who may be affected by the decommissioning;
(II) an opportunity for a comprehensive, collective
discussion on the issues by the participants represented; and
(III) 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 ALARA and would not exceed either:
(i) 100 mrem (1 mSv) per year; or
(ii) 500 mrem (5 mSv) per year provided the licensee:
Cont'd... |
