N.Y. Comp. Codes R. & Regs. tit. 12 § 38.9

Current through Register Vol. 46, No. 50, December 11, 2024

Section 38.9 - Duration of licenses and timeliness in decommissioning

(a) Except as provided in section 38.10 of this Part, a license shall expire at the end of the expiration date therein stated. The filing of an application by the licensee more than 30 days prior to the expiration date for a renewal or a new and superseding license shall extend the license until the commissioner has finally acted on the application. If a licensee fails to renew his or her license, he or she must immediately cease all use of radioactive materials, transfer all radioactive materials to authorized recipient(s) and comply with the requirements of section 38.23 of this Part (rule). To terminate a license, the licensee must notify the commissioner, transfer all radioactive materials to authorized recipients and comply with the provisions of section 38.23 of this Part (rule).

(b) Each specific license revoked by the commissioner expires at the end of the day on the date of the commissioner's final determination to revoke the license, unless an alternate expiration date is stated in the determination, or is otherwise provided for in the commissioner's order.

(c) Each specific license continues in effect, beyond the expiration date if necessary, with respect to possession of radioactive material until the commissioner notifies the licensee in writing that the license is terminated. During this time, the licensee shall:

(1) limit actions involving radioactive material to those related to decommissioning; and

(2) continue to control entry to restricted areas until they are suitable for release in accordance with department requirements.

(d) Within 60 days of the occurrence of any of the following, each licensee shall provide notification to the department 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 in accordance with department requirements, or submit within 12 months of notification a decommissioning plan, if required by section 38.23(c) of this Part, and begin decommissioning upon approval of that plan if:

(1) the license has expired pursuant to subdivision (a) or (b) of this section;

(2) the licensee has decided to permanently cease principal activities, as defined in this Part, 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;

(3) no principal activities under the license have been conducted for a period of 24 months; or

(4) 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 department requirements.

(e) Coincident with the notification required by subdivision (d) of this section, the licensee shall maintain in effect all decommissioning financial assurances established by the licensee pursuant to section 38.7 of this Part in conjunction with a license issuance or renewal or as required by this section. The amount of the financial assurance must be increased, or may be decreased, as appropriate, to cover the detailed cost estimate for decommissioning established pursuant to section 38.23(c) of this Part.

(1) 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.

(2) 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.

(f) The department may grant a request to extend the time periods established in subdivision (d) 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 must be submitted no later than 30 days before notification pursuant to subdivision (d) of this section. The schedule for decommissioning set forth in subdivision (d) of this section may not commence until the department has made a determination on the request.

(1) The department may approve an alternate schedule for submittal of a decommissioning plan required pursuant to subdivision (d) 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.

(2) For decommissioning plans calling for completion of decommissioning later than 24 months after plan approval, the plan shall include a justification for the delay based on the criteria in subdivision (h) of this section.

(g)

(1) Except as provided in subdivision (h) 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.

(2) Except as provided in subdivision (h) of this section, when decommissioning involves the entire site, the licensee shall request license termination as soon as practicable but not later than 24 months following the initiation of decommissioning.

(h) 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:

(1) whether it is technically feasible to complete decommissioning within the allotted 24-month period;

(2) whether sufficient waste disposal capacity is available to allow completion of decommissioning within the allotted 24-month period;

(3) whether a significant volume reduction in wastes requiring disposal will be achieved by allowing short-lived radionuclides to decay;

(4) whether a significant reduction in radiation exposure to workers can be achieved by allowing short-lived radionuclides to decay; and

(5) other site-specific factors which the department may consider appropriate on a case-by-case basis.

(i) As the final step in decommissioning, the licensee shall:

(1) certify the disposition of all licensed material, including accumulated wastes;

(2) conduct a radiation survey of the premises where the licensed activities were carried out;

(3) submit a report of the results of this survey unless the licensee demonstrates that the premises are suitable for release in some other manner; and

(4) as appropriate:

(i) report levels of gamma radiation in units of millisieverts (microrem) per hour at one meter from surfaces, and report levels of radioactivity, including alpha and beta, in units of megabecquerels (disintegrations per minute or microcuries) per 100 square centimeters--removable and fixed -- for surfaces, megabecquerels (microcuries) per milliliter for water, and becquerels (picocuries) per gram for solids such as soils or concrete; and

(ii) specify the survey instrument(s) used and certify that each instrument is properly calibrated and tested.

(j) Specific licenses, including expired licenses, will be terminated by written notice to the licensee when the department determines that:

(1) radioactive material has been properly disposed;

(2) a reasonable effort has been made to eliminate residual radioactive contamination, if present; and

(3)

(i) a radiation survey has been performed which demonstrates that the premises are suitable for release in accordance with department requirements; or

(ii) other information submitted by the licensee is sufficient to demonstrate that the premises are suitable for release in accordance with department requirements.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 38.9