| (3) All license provisions continue in effect beyond
the expiration date, with respect to possession of radioactive material
until the department notifies the former licensee in writing that
the provisions of the license are no longer binding. During this time,
the former licensee shall:
(A) be limited to actions involving radioactive material
that are related to decommissioning; and
(B) continue to control entry to restricted areas until
the location(s) is suitable for release for unrestricted use in accordance
with the requirements in §289.202(ddd) of this title.
(4) Within 60 days of the occurrence of any of the
following, each licensee shall provide notification to the department
in writing and either begin decommissioning a site, or any separate
building or outdoor area that contains residual radioactivity, so
that the building and outdoor area is suitable for release in accordance
with §289.202(eee) of this title, or submit within 12 months
of notification a decommissioning plan, if required by paragraph (7)
of this subsection, and begin decommissioning upon approval of that
plan if:
(A) the license has expired or has been revoked in
accordance with this subsection or subsection (dd) of this section;
(B) the licensee has decided to permanently cease principal
activities, as defined in §289.201(b) of this title, 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 department requirements;
(C) no principal activities at an entire site as specified
in the license have been conducted for a period of 24 months; or
(D) 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 §289.202(eee)
of this title.
(5) Coincident with the notification required by paragraph
(4) of this subsection, the licensee shall maintain in effect all
decommissioning financial assurances established by the licensee in
accordance with subsection (gg) of this section in conjunction with
a license issuance or renewal or as required by this section. The
amount of the financial assurance shall be increased, or may be decreased,
as appropriate, with department approval, to cover the detailed cost
estimate for decommissioning established in accordance with paragraph
(10)(E) of this subsection.
(A) Any licensee who has not provided financial assurance
to cover the detailed cost estimate submitted with the decommissioning
plan shall do so in accordance with subsection (gg) of this section.
(B) Following approval of the decommissioning plan,
a licensee may reduce the amount of the financial assurance as decommissioning
proceeds and radiological contamination is reduced at the site, with
the approval of the department.
(6) The department may grant a request to delay or
postpone initiation of the decommissioning process if the department
determines that such relief is not detrimental to the occupational
and public health and safety and is otherwise in the public interest.
The request shall be submitted no later than 30 days before notification
in accordance with paragraph (4) of this subsection. The schedule
for decommissioning set forth in paragraph (4) of this subsection
may not commence until the department has made a determination on
the request.
(7) A decommissioning plan shall be submitted 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 department and these
procedures could increase potential health and safety impacts to workers
or to the public, such as in any of the following cases:
(A) procedures would involve techniques not applied
routinely during cleanup or maintenance operations;
(B) workers would be entering areas not normally occupied
where surface contamination and radiation levels are significantly
higher than routinely encountered during operation;
(C) procedures could result in significantly greater
airborne concentrations of radioactive materials than are present
during operation; or
(D) procedures could result in significantly greater
releases of radioactive material to the environment than those associated
with operation.
(8) The department may approve an alternate schedule
for submittal of a decommissioning plan required in accordance with
paragraph (4) of this subsection if the department determines that
the alternative schedule is necessary to the effective conduct of
decommissioning operations and presents no undue risk from radiation
to the occupational and public health and safety and is otherwise
in the public interest.
(9) The procedures listed in paragraph (7) of this
subsection may not be carried out before approval of the decommissioning
plan.
(10) The proposed decommissioning plan for the site
or separate building or outdoor area shall include the following:
(A) a description of the conditions of the site or
separate building or outdoor area sufficient to evaluate the acceptability
of the plan;
(B) a description of planned decommissioning activities;
(C) a description of methods used to ensure protection
of workers and the environment against radiation hazards during decommissioning;
(D) a description of the planned final radiation survey;
(E) 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; and
(F) 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 paragraph (15) of this subsection.
(11) The proposed decommissioning plan will be approved
by the department if the information in the plan 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.
(12) Except as provided in paragraph (14) of this subsection,
licensees shall complete decommissioning of the site or separate building
or outdoor areas as soon as practicable but no later than 24 months
following the initiation of decommissioning.
(13) Except as provided in paragraph (14) of this subsection,
when decommissioning involves the entire site, the licensee shall
request license termination as soon as practicable but no later than
24 months following the initiation of decommissioning.
(14) The department may approve 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 department determines that the alternative is warranted by
consideration of the following:
(A) whether it is technically feasible to complete
decommissioning within the allotted 24-month period;
(B) whether sufficient waste disposal capacity is available
to allow completion of decommissioning within the allotted 24-month
period;
(C) whether a significant volume reduction in wastes
requiring disposal will be achieved by allowing short-lived radionuclides
to decay;
(D) whether a significant reduction in radiation exposure
to workers can be achieved by allowing short-lived radionuclides to
decay; and
(E) other site-specific factors that the department
may consider appropriate on a case-by-case basis, such as the regulatory
requirements of other government agencies, lawsuits, groundwater 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.
(15) As the final step in decommissioning, the licensee
shall do the following:
(A) certify the disposition of all licensed material,
including accumulated wastes; and
(B) 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 accordance with the radiological requirements
for license termination specified in §289.202(ddd) of this title.
The licensee shall do the following, as appropriate:
(i) report the following levels:
(I) gamma radiation in units of microroentgen per hour
(µR/hr) (millisieverts per hour (mSv/hr)) at 1 meter (m) from
surfaces;
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