020-4 Wyo. Code R. § 4-16

Current through April 27, 2019

Section 4-16 - Decommissioning Requirements

(a) The licensee shall notify the Department in writing within sixty (60) days of the licensee deciding to permanently cease principal activities 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 these regulations.

(b) The licensee shall notify the Department in writing within sixty (60) days if no principal activities under the license have been conducted for a period of twenty-four (24) months; or no principal activities have been conducted for a period of twenty-four (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 NRC regulations.

(c) From the date of written notification sent to the Department required in Sections 16(a) and (b), the licensee shall either:

• (i) Begin decommissioning activities; or

• (ii) Within twelve (12) months of written notification submit a decommissioning plan, if required by section 17(a) of this Chapter or 10 C.F.R. Part 40, Appendix A, and begin decommissioning upon the Department approval of that plan.

(d) The Department may grant a request to delay or postpone initiation of the decommissioning process if the Commission determines that such relief is not detrimental to the public health and safety and is otherwise in the public interest.

(e) Coinciding with and in addition to the notification requirements of Sections 16(a) and (b) of this Chapter, the licensee shall maintain in effect all decommissioning financial assurances as required by 10 C.F.R. Part 40, Appendix A. The amount of financial assurance must be increased, or may be decreased, as appropriate, to cover the detailed cost estimate for decommissioning established pursuant to Section 17 of this Chapter.

(f) The Department may approve an alternate schedule for the submission of plans and for the completion of decommissioning as required pursuant to Sections 16(a) and (b) if the Department determines that the alternate schedule:

• (1) is necessary to effectively conduct decommissioning,

• (2) presents no undue risks to public health and safety, and

• (3) is otherwise in the public's interest. The request for an alternate schedule must be submitted no later than thirty (30) days before the required notification in Section 16(a) of this Chapter. The schedule for decommissioning may not commence until the Department has made a determination on the request for an alternate schedule.

(g) Except as provided in subparagraph (e) of this Section,

• (i) Licensees shall complete decommissioning of the site or separate building or outdoor area as soon as practicable but no later than twenty-four (24) months following the initiation of decommissioning.

• (ii) Except as provided in subparagraph (f) of this Section, when decommissioning involves the entire site, the licensee shall request license termination as soon as practicable but no later than twenty-four (24) months following the initiation of decommissioning.

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

• (i) Certify the disposition of all licensed material, including accumulated wastes, by submitting a Department Form URP-314 or equivalent; and

• (ii) 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 after approval by the Department demonstrates in some other manner that the premises are suitable for release in accordance with the criteria for decommissioning in this Chapter or criteria in 10 C.F.R. Part 40, Appendix A. The licensee shall, as appropriate:
  • (A) Report levels of gamma radiation in units of microroentgen (millisieverts) per hour at one meter from surfaces, and report levels of radioactivity, including alpha and beta, in units of microcuries (disintegrations per minute or megabecquerels) per 100 square centimeters removable and fixed for surfaces, microcuries (megabecquerels) per milliliter for water and picocuries (becquerels) per gram for solids such as soils or concrete; and
  • (B) Specify the survey instrument(s) used and certify that each instrument is properly calibrated and tested.

(i) Specific licenses, including expired licenses, will be terminated by written notice to the licensee when the Department determines, where applicable, that:

• (i) Licensed material has been properly disposed;

• (ii) Reasonable effort has been made to eliminate residual radioactive contamination, if present; and

• (iii) A radiation survey has been performed which demonstrates that:
  • (A) The premises are suitable for release in accordance with the applicable criteria for decommissioning found in 10 C.F.R. Part 40, Appendix A; and
  • (B) Other information submitted by the licensee is sufficient to demonstrate that the premises are suitable for release in accordance with the applicable criteria found in 10 C.F.R. Part 40, Appendix A.

• (iv) The licensee has satisfied the applicable technical and other requirements for closure and reclamation of an 11e.(2) byproduct material disposal site; and

• (v) The NRC has made a determination that all applicable standards and requirements have been met.

(j) Specific licenses for uranium and thorium milling are exempt from subparagraph (e) of this section with respect to reclamation of tailings impoundments and/or waste disposal areas.

(k) A licensee may request that a subsite or a portion of a licensed area 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 Department for release for unrestricted use, a written request for release for unrestricted use and Department confirmation of closeout work performed shall be submitted to the Department. The request should include a comprehensive report, accompanied by survey and sample results that show contamination is less than the limits specified in 10 C.F.R. Par 40, Appendix A and an explanation of how ongoing authorized activities will not adversely affect the area proposed to be released. Upon confirmation by the Department that the area of concern is releasable for unrestricted use, the licensee may apply for a license amendment, if required.

• (i) The Department will submit site releases to the NRC in accordance to SA-900 for approval; and.

• (ii) Prior to terminating any license, the Administrator of the Land Quality Division receive approval and a determination from the NRC that the licensee has complied with the NRC's decontamination, decommissioning, disposal, and reclamation standards in accordance with SA-900.

020-4 Wyo. Code R. § 4-16

Adopted, Eff. 9/8/2017.