| (C) the person assures that any labels required to
be affixed to the device in accordance with requirements of the authority
that licensed manufacture of the device bear a statement that "Removal
of this label is prohibited"; and
(D) the holder of the specific license furnishes to
each general licensee to whom the holder of the specific license transfers
the device, or on whose premises the holder of the specific license
installs the device, a copy of the general license contained in §289.251(f)(4)(H)
of this title.
(3) The department may withdraw, limit, or qualify
its acceptance of any specific license or equivalent licensing document
issued by another agency, or any product distributed in accordance
with the licensing document, upon determining that the action is necessary
in order to prevent undue hazard to occupational and public health
and safety and the environment.
(ff) Preparation of radioactive material for transport.
Requirements for the preparation of radioactive material for transport
are specified in §289.257 of this title.
(gg) Financial assurance and record keeping for decommissioning.
(1) The applicant for a specific license or renewal
of a specific license, or holder of a specific license, authorizing
the possession and use of radioactive material shall submit and receive
written authorization for a decommissioning funding plan as described
in paragraph (4) of this subsection in an amount sufficient to allow
the department to engage a third party to decommission the site(s)
specified on the license for the following situations:
(A) when unsealed radioactive material requested or
authorized on the license, with a half-life greater than 120 days,
is in quantities exceeding 105 times
the applicable quantities set forth in subsection (jj)(2) of this
section;
(B) when a combination of the unsealed radionuclides
requested or authorized on the license, with a half-life greater than
120 days, results in the R of the radionuclides divided by 105 being greater than 1 (unity rule), where
R is defined as the sum of the ratios of the quantity of each radionuclide
to the applicable value in subsection (jj)(2) of this section;
(C) when sealed sources or plated foils requested or
authorized on the license, with a half-life greater than 120 days
and in quantities exceeding 1012 times
the applicable quantities set forth in subsection (jj)(2) of this
section (or when a combination of isotopes is involved if R, as defined
in this subsection, divided by 1012 is
greater than 1), shall submit a decommissioning funding plan as described
in paragraph (4) of this subsection; or
(D) when radioactive material requested or authorized
on the license is in quantities more than 100 mCi (3.7 gigabecquerels
(GBq)) of source material in a readily dispersible form.
(2) The applicant for a specific license or renewal
of a specific license or the holder of a specific license authorizing
possession and use of radioactive material as specified in paragraph
(3) of this subsection shall either:
(A) submit a decommissioning funding plan as described
in paragraph (4) of this subsection in an amount sufficient to allow
the department to engage a third party to decommission the site(s)
specified on the license; or
(B) submit financial assurance for decommissioning
in the amount in accordance with paragraph (3) of this subsection
using one of the methods described in paragraph (6) of this subsection
in an amount sufficient to allow the department to engage a third
party to decommission the site(s) specified on the license.
(3) The required amount of financial assurance for
decommissioning is determined by the quantity of material authorized
by the license and is determined as follows:
(A) $1,125,000 for quantities of material greater than
104 but less than or equal to 105 times the applicable quantities in subsection
(jj)(2) of this section in unsealed form. (For a combination of radionuclides,
if R, as defined in paragraph (1) of this subsection, divided by 104 is greater than 1 but R divided by 105 is less than or equal to 1);
(B) $225,000 for quantities of material greater than
103 but less than or equal to 104 times the applicable quantities in subsection
(jj)(2) of this section in unsealed form. (For a combination of radionuclides,
if R, as defined in paragraph (1) of this subsection, divided by 103 is greater than 1 but R divided by 104 if less than or equal to 1);
(C) $113,000 for quantities of material greater than
1010 but less than or equal to 1012 times the applicable quantities in subsection
(jj)(2) of this section in sealed sources or plated foils. (For a
combination of radionuclides, if R, as defined in paragraph (1) of
this subsection, divided by 1010 is greater
than 1, but R divided by 1012 is less
than or equal to 1); or
(D) $225,000 for quantities of source material greater
than 10 mCi (0.37 GBq) but less than or equal to 100 mCi (3.7 GBq)
in a readily dispersible form.
(4) Each decommissioning funding plan shall:
(A) be submitted for review and approval and shall
contain the following:
(i) a detailed cost estimate for decommissioning in
an amount reflecting:
(I) the cost of an independent contractor to perform
all decommissioning activities;
(II) the cost of meeting the criteria of §289.202(ddd)(2)
of this title for unrestricted use, provided that, if the applicant
or licensee can demonstrate its ability to meet the provisions of §289.202(ddd)(3)
of this title, the cost estimate may be based on meeting the criteria
of §289.202(ddd)(3) of this title;
(III) the volume of onsite subsurface material containing
residual radioactivity that will require remediation to meet the criteria
for license termination; and
(IV) an adequate contingency factor.
(ii) identification of and justification for using
the key assumptions contained in the detailed cost estimate;
(iii) a description of the method of assuring funds
for decommissioning from paragraph (6) of this subsection, including
means for adjusting cost estimates and associated funding levels periodically
over the life of the facility;
(iv) a certification by the licensee that financial
assurance for decommissioning has been provided in the amount of the
cost estimate for decommissioning; and
(v) a signed original of the financial instrument obtained
to satisfy the requirements of paragraph (6) of this subsection (unless
a previously submitted and accepted financial instrument continues
to cover the cost estimate for decommissioning); and
(B) at the time of license renewal and at intervals
not to exceed three years, the decommissioning funding plan, be resubmitted
with adjustments as necessary to account for changes in costs and
the extent of contamination. If the amount of financial assurance
will be adjusted downward, this cannot be done until the updated decommissioning
funding plan is approved. The decommissioning funding plan shall update
the information submitted with the original or prior approved plan,
and shall specifically consider the effect of the following events
on decommissioning costs:
(i) spills of radioactive material producing additional
residual radioactivity in onsite subsurface material;
(ii) waste inventory increasing above the amount previously
estimated;
(iii) waste disposal costs increasing above the amount
previously estimated;
(iv) facility modifications;
(v) changes in authorized possession limits;
(vi) actual remediation costs that exceed the previous
cost estimate;
(vii) onsite disposal; and
(viii) use of a settling pond.
(5) Financial assurance in conjunction with a decommissioning
funding plan shall be submitted as follows:
(A) for an applicant for a specific license, financial
assurance as described in paragraph (6) of this subsection, may be
obtained after the application has been approved and the license issued
by the department, but shall be submitted to the department before
receipt of licensed material; or
(B) for an applicant for renewal of a specific license,
or a holder of a specific license, a signed original of the financial
instrument obtained to satisfy the requirements of paragraph (6) of
this subsection shall be submitted with the decommissioning funding
plan.
(6) Financial assurance for decommissioning shall be
provided by one or more of the following methods. The financial instrument
obtained shall be continuous for the term of the license in a form
prescribed by the department. The applicant or licensee shall obtain
written approval of the financial instrument or any amendment to it
from the department.
Cont'd... |
