La. Admin. Code tit. 33 § XV-332

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-332 - Expiration and Termination of Licenses and Decommissioning of Sites and Separate Buildings or Outdoor Areas

A. Except as provided in LAC 33:XV.333.B, each specific license shall expire at the end of the specified day in the month and year stated therein.

B. Each licensee shall notify the Office of Environmental Compliance immediately, in writing, and request termination of the license when the licensee decides to terminate all activities involving radioactive material authorized under the license. This notification and request for termination of the license must include the reports and information specified in Subparagraph D.1.e of this Section.

C. No less than 30 calendar days before the expiration date specified in the license, the licensee shall either:

1. submit an application for license renewal under LAC 33:XV.333; or

2. notify the Office of Environmental Compliance, in writing, if the licensee decides not to renew the license.

D. Expiration of License and Decommissioning

1. If a licensee does not submit an application for license renewal under LAC 33:XV.333, the licensee shall, on or before the expiration date specified in the license:

a. terminate use of radioactive material;

b. remove radioactive contamination to the extent practicable;

c. properly dispose of radioactive material;

d. submit a completed form to the Office of Environmental Compliance that certifies information concerning the disposition of materials; and

e. submit a radiation survey report to the Office of Environmental Compliance to confirm the absence of radioactive material or to establish the levels of residual radioactive contamination, unless the licensee demonstrates the absence of residual radioactive contamination in some other manner. The licensee shall, as appropriate:

i. report levels of radiation in units of milliroentgens per hour of beta and gamma radiation at l centimeter and gamma radiation at 1 meter from surfaces and report levels of radioactivity, including alpha, in units of transformations per minute (or microcuries) per 100 square centimeters removable and fixed on surfaces, microcuries per milliliter in water, and picocuries per gram in contaminated solids such as soils or concrete;

ii. specify the instrumentation used and certify that each instrument was properly calibrated and tested; and

iii. consider a site to be 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 as low as reasonably achievable (ALARA). Determination of the levels that are ALARA must take into account consideration of any detriments, such as deaths from transportation accidents, expected to potentially result from decontamination and waste disposal.

2. Plan for Completion of Decommissioning

a. In addition to the information required under Subparagraphs D.1.d and e of this Section, the licensee shall submit a plan for completion of decommissioning, if required by the license condition or if the procedures necessary to carry out decommissioning of the site or separate building or outdoor area have not been previously approved by the department and could increase potential health and safety impacts to workers or to the public such as in any of the following cases.

i. Procedures would involve techniques not applied routinely during cleanup or maintenance operations.

ii. Workers would be entering areas not normally occupied where surface contamination and radiation levels are significantly higher than routinely encountered during operation.

iii. Procedures could result in significantly greater airborne concentrations of radioactive materials than are present during operation.

iv. Procedures could result in significantly greater releases of radioactive material to the environment than those associated with operation.

b. Procedures with potential health and safety impacts may not be carried out prior to approval of the decommissioning plan.

c. The proposed decommissioning plan must include:

i. a description of planned decommissioning activities;

ii. a description of methods to be used to assure protection of workers and the environment against radiation hazards during decommissioning;

iii. a description of the planned final radiation survey;

iv. an updated detailed cost estimate for decommissioning, comparison of that estimate with present funds set aside for decommissioning, and plan for assuring the availability of adequate funds for completion of decommissioning;

v. a description of the conditions of the site or separate building or outdoor area sufficient to evaluate the acceptability of the plan; and

vi. 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 Clause D.2.c.v of this Section.

d. The proposed decommissioning plan will be approved by the department if the information therein demonstrates that the decommissioning will be completed as soon as is reasonable and that the health and safety of workers and the public will be adequately protected.

3. Upon approval of the decommissioning plan by the department, the licensee shall complete decommissioning in accordance with the approved plan. As a final step in decommissioning, the licensee shall again submit the information required in LAC 33:XV.332.D.1.e and shall certify the disposition of accumulated wastes from decommissioning.

4. If no residual radioactive contamination attributable to activities conducted under the license is detected, the licensee shall submit a certification that no detectable radioactive contamination was found. The department will notify the licensee, in writing, of the termination of the license.

5. The following applies if detectable levels of residual radioactive contamination attributable to activities conducted under the license are found.

a. If detectable levels of residual radioactive contamination attributable to activities conducted under the license are found, the license continues in effect beyond the expiration date, if necessary, with respect to possession of residual radioactive material present as contamination until the department notifies the licensee in writing that the license is terminated. During this time the licensee is subject to the provisions of LAC 33:XV.332.E.

b. In addition to the information submitted under LAC 33:XV.332.D.1.e, the licensee shall submit a plan for decontamination, if required, as regards residual radioactive contamination remaining at the time the license expires.

c. Specific licenses, including expired licenses, will be terminated by written notice to the licensee when the department determines that:

i. byproduct material has been properly disposed;

ii. reasonable effort has been made to eliminate residual radioactive contamination, if present; and

(a). a radiation survey has been performed which demonstrates that the premises are suitable for release for unrestricted use; or

(b). other information submitted by the licensee is sufficient to demonstrate that the premises are suitable for release for unrestricted use.

6. Timeliness of Decommissioning

a. Within 60 days of the occurrence of any of the following, each licensee shall provide notification to the Office of Environmental Compliance in writing of such occurrence and either begin decommissioning its site, or any separate building or outdoor area that contains residual radioactivity, so that the building or outdoor area is suitable for release for unrestricted use, or submit within 12 months of notification a decommissioning plan, if required by Paragraph D.2 of this Section, and begin decommissioning upon approval of that plan if:

i. the license has expired in accordance with Subsection A of this Section;

ii. the licensee has decided to permanently cease principal activities, as defined in LAC 33:XV.102, 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 for unrestricted use;

iii. no principal activities under the license have been conducted for a period of 24 months; or

iv. 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 for unrestricted use.

b. Coincident with the notification required by Subparagraph D.6.a of this Section, the licensee shall maintain in effect all decommissioning financial assurances established by the licensee in accordance with LAC 33:XV.351 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, to cover the detailed cost estimate for decommissioning established in accordance with Clause D.2.c.iv of this Section.

i. Any licensee who has not provided financial assurance to cover the detailed cost estimate submitted with the decommissioning plan shall do so when this rule becomes effective.

ii. 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.

c. The department may grant a request to extend the time periods established in Subparagraph D.6.a of this Section if the department determines that this relief is not detrimental to the 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 Subparagraph D.6.a of this Section. The schedule for decommissioning set forth in Subparagraph D.6.a of this Section may not commence until the department has made a determination on the request.

d. The department may approve an alternative schedule for submittal of a decommissioning plan required in accordance with Subparagraph D.6.a of this Section 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 public health and safety and is otherwise in the public interest.

e. Decommissioning Time Limit

i. Except as provided in Clause D.6.e.iii of this Section, licensees 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.

ii. Except as provided in Clause D.6.e.iii of this Section, 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.

iii. The department may approve a request for an alternative 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 groundwater restoration, actions that could result in more environmental harm than deferred cleanup, and other factors beyond the control of the licensee.

E. Each licensee who possesses residual radioactive material under LAC 33:XV.332.D.5, following the expiration date specified in the license shall:

1. limit actions involving radioactive material to those related to decontamination and other activities related to preparation for release for unrestricted use; and

2. continue to control entry to restricted areas until they are suitable for release for unrestricted use and the department notifies the licensee in writing that the license is terminated.

F. A site will be considered acceptable for license termination under restricted conditions if:

1. the licensee can demonstrate that further reductions in residual radioactivity necessary to comply with the provisions of Clause D.1.e.iii of this Section 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);

2. the licensee has made provisions for legally enforceable institutional controls that provide reasonable assurance that the total effective dose equivalent (TEDE), as defined in LAC 33:XV.102, from residual radioactivity distinguishable from background to the average member of the critical group will not exceed 25 mrem (0.25 mSv) per year;

3. 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 include:

a. 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 one percent real rate of return on investment;

b. a statement of intent in the case of federal, state, or local government licensees, as described in LAC 33:XV.325.D.7.d; or

c. when a governmental entity is assuming custody and ownership of a site (an arrangement that is deemed acceptable by such governmental entity); and

4. the licensee has submitted a decommissioning plan or license termination plan (LTP) to the department indicating the licensee's intent to decommission in accordance with Subparagraph D.6.a of this Section, 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:

a. 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;

b. in seeking advice on the issues identified in Subparagraph F.4.a of this Section, 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

5. 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 as low as reasonably achievable and would not exceed either:

a. 100 mrem (1 mSv) per year; or

b. 500 mrem (5 mSv) per year provided the licensee:

i. demonstrates that further reductions in residual radioactivity necessary to comply with the 100 mrem/y (1 mSv/y) value of Subparagraph F.5.a of this Section are not technically achievable, would be prohibitively expensive, or would result in net public or environmental harm;

ii. makes provisions for durable institutional controls; and

iii. provides sufficient financial assurance to enable a responsible government entity or independent third party, including a governmental custodian of a site, both to carry out periodic rechecks of the site no less frequently than every five years to assure that the institutional controls remain in place as necessary to meet the criteria of Paragraph F.2 of this Section, and to assume and carry out responsibilities for any necessary control and maintenance of those controls (acceptable financial assurance mechanisms are those in Paragraph F.3 of this Section).

G. Alternate Criteria for License Termination

1. The department may terminate a license using alternate criteria greater than the dose criterion in this Section if the licensee:

a. provides assurance that public health and safety would continue to be protected, and that it is unlikely that the dose from all man-made sources combined, other than medical, would be more than the 1 mSv/y (100 mrem/y) limit in LAC 33:XV.421 and 422, by submitting an analysis of possible sources of exposure;

b. has employed to the extent practical restrictions on site use according to the provisions of Subsection F of this Section in minimizing exposures at the site;

c. reduces doses to ALARA levels, taking into consideration any detriments such as traffic accidents expected to potentially result from decontamination and waste disposal;

d. has submitted a decommissioning plan or license termination plan (LTP) to the department indicating the licensee's intent to decommission in accordance with Subparagraph D.6.a of this Section, and specifying that the licensee proposes to decommission by use of alternate criteria. The licensee shall document in the decommissioning plan or LTP how the advice of individuals and institutions in the community who may be affected by the decommissioning has been sought and addressed, as appropriate, following analysis of that advice. In seeking such advice, 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. has provided sufficient financial assurance in the form of a trust fund 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.

2. The use of alternate criteria to terminate a license requires the approval of the department after consideration of the staff's recommendations that will address any comments provided by the Nuclear Regulatory Commission, the Environmental Protection Agency, and any public comments submitted in accordance with Subsection H of this Section.

H. Public Notification and Public Participation

1. Upon the receipt of an LTP or decommissioning plan from the licensee, or a proposal by the licensee for release of a site in accordance with Subsection F or G of this Section, or whenever the department deems such notice to be in the public interest, the department shall:

a. notify and solicit comments from:

i. local and state governments in the vicinity of the site and any Indian nation or other indigenous people that have treaty or statutory rights that could be affected by the decommissioning; and

ii. the Environmental Protection Agency for cases where the licensee proposes to release a site in accordance with Subsection G of this Section; and

b. publish a notice in the Louisiana Register and in a forum, such as local newspapers, letters to state or local organizations, or other appropriate forum that is readily accessible to individuals in the vicinity of the site, and solicit comments from affected parties.

I. Minimization of Contamination

1. Applicants for licenses, other than early site permits and manufacturing licenses under 10 CFR 52 and renewals, whose applications are submitted after August 20, 1997, shall describe in the application how facility design and procedures for operation will minimize, to the extent practicable, contamination of the facility and the environment, facilitate eventual decommissioning, and minimize, to the extent practicable, the generation of radioactive waste.

2. Licensees shall, to the extent practical, conduct operations to minimize the introduction of residual radioactivity into the site, including the subsurface, in accordance with the existing radiation protection requirements in LAC 33:XV.406 and radiological criteria for license termination in this Section.

La. Admin. Code tit. 33, § XV-332

Promulgated by the Department of Environmental Quality, Nuclear Energy Division, LR 13:569 (October 1987), amended by the Office of Air Quality and Radiation Protection, Radiation Protection Division, LR 18:34 (January 1992), LR 24:2094 (November 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2571 (November 2000), LR 26:2768 (December 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2527 (October 2005), LR 33:2180 (October 2007), Amended by the Office of the Secretary, Legal Affairs Division, LR 412132 (10/1/2015).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq. and 2104.B.