| (2) whether sufficient waste disposal capacity is available
to allow completion of decommissioning within the allotted 24-month
period; and
(3) other site-specific factors that the agency 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.
(q) As the final step in decommissioning, the licensee
must:
(1) certify the disposition of all radioactive material,
including accumulated by-product material;
(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 accordance with subsection (e) of this
section. The licensee shall, as appropriate:
(A) 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;
(ii) radioactivity, including alpha and beta, in units
of disintegrations per minute (dpm) or microcuries (µCi) (megabecquerels
(MBq)) per 100 cm2 for surfaces;
(iii) µCi (MBq) per milliliter for water; and
(iv) picocuries (pCi) (becquerels (Bq)) per gram (g)
for solids such as soils or concrete; and
(B) specify the manufacturer's name, and model and
serial number of survey instrument(s) used and certify that each instrument
is properly calibrated and tested.
(r) The executive director will provide written notification
to specific licensees, including former licensees with license provisions
continued in effect beyond the expiration date in accordance with
subsection (d) of this section, that the provisions of the license
are no longer binding. The executive director will provide such notification
when the executive director determines that:
(1) radioactive material has been properly disposed;
(2) reasonable effort has been made to eliminate residual
radioactive contamination, if present;
(3) a radiation survey has been performed that demonstrates
that the premises are suitable for release in accordance with agency
requirements;
(4) other information submitted by the licensee is
sufficient to demonstrate that the premises are suitable for release
in accordance with the requirements of subsection (e) of this section;
(5) all records required by §336.343 of this title
(relating to Records of Surveys) have been submitted to the agency;
(6) the licensee has paid any outstanding fees required
by this chapter and has resolved any outstanding notice(s) of violation
issued to the licensee;
(7) the licensee has met the applicable technical and
other requirements for closure and reclamation of a by-product material
disposal site; and
(8) the NRC has made a determination that all applicable
standards and requirements have been met.
(s) Licenses for source material recovery or by-product
material disposal are exempt from subsections (d)(3), (g), and (h)
of this section with respect to reclamation of by-product material
impoundments or disposal areas. Timely reclamation plans for by-product
material disposal areas must be submitted and approved in accordance
with §336.1129(p) - (aa) of this title (relating to Technical
Requirements).
(t) A licensee may request that a subsite or a portion
of a licensed site be released for unrestricted use before full license
termination as long as release of the area of concern will not adversely
impact the remaining unaffected areas and will not be recontaminated
by ongoing authorized activities. When the licensee is confident that
the area of concern will be acceptable to the agency for release for
unrestricted use, a written request for release for unrestricted use
and agency confirmation of closeout work performed shall be submitted
to the agency. The request should include a comprehensive report,
accompanied by survey and sample results that show contamination is
less than the limits specified in subsection (e) of this section and
an explanation of how ongoing authorized activities will not adversely
affect the area proposed to be released. Upon confirmation by the
agency that the area of concern is releasable for unrestricted use,
the licensee may apply for a license amendment, if required.
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| Source Note: The provisions of this §336.1115 adopted to be effective February 28, 2008, 33 TexReg 1570; amended to be effective November 14, 2013, 38 TexReg 7961; amended to be effective December 6, 2018, 43 TexReg 7798 |
