Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-38 - General Radiation Protection Standards for Sources of Radiation › Section 3701:1-38-22 - Decommissioning

Current through all regulations passed and filed through July 1, 2024
(A) This rule
			 applies to the decommissioning of facilities licensed under Chapter 3748. of
			 the Revised Code. For low-level waste disposal facilities, this rule applies
			 only to ancillary surface facilities that support radioactive waste disposal
			 activities. This rule does not apply to uranium and thorium recovery facilities
			 already subject to source material licensing requirements in Chapter 3701:1-44
			 of the Administrative Code or to uranium solution extraction
			 facilities.
(B) Decommissioning
			 with license termination shall be limited to sites considered acceptable for
			 unrestricted release where the residual radioactivity that is distinguishable
			 from background radiation results in a total effective dose equivalent (TEDE)
			 to an average member of the critical group that does not exceed 0.25
			 millisievert (twenty-five millirem) 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 which are ALARA must take into account consideration of detriments, such
			 as deaths from transportation accidents, expected to potentially result from
			 decontamination and waste disposal.
(C) After a facility has been decommissioned
			 and the license terminated in accordance with the criteria in this rule, the
			 director will require additional cleanup only if, based on new information, it
			 is determined that the criteria of this rule were not met and residual
			 radioactivity remaining at the site could result in a significant threat to
			 public health and safety. When calculating TEDE to the average member of the
			 critical group the licensee shall determine the peak annual TEDE dose expected
			 within the first one thousand years after decommissioning.
(D) A licensee may decommission a facility
			 and maintain a decommissioning possession only license using alternate criteria
			 greater than the dose criterion specified in paragraph (B) of this rule,
			 provided that the licensee:
(1) 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 one millisievert (one hundred millirem)
			 per year limit set forth in this chapter, by submitting an analysis of possible
			 sources of exposure;
(2) Has
			 employed, to the extent practicable, restrictions on site use in minimizing
			 exposures at the site;
(3) Reduces
			 doses to ALARA levels, taking into consideration any detriments, such as
			 traffic accidents expected to potentially result from decontamination and waste
			 disposal; and
(4) Has submitted a
			 decommissioning plan or license termination plan (LTP) to the director
			 indicating the licensee's intent to decommission in accordance with rule
			 3701:1-40-18
			 of the Administrative Code, and specifying that the licensee proposes to
			 decommission by restricting use of the site. 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
			 incorporated, as appropriate, following analysis of that advice. In seeking
			 such advice, the licensee shall provide for:
(a) Participation by representatives of a
			 broad cross section of community interests who may be affected by the
			 decommissioning;
(b) An opportunity
			 for a comprehensive, collective discussion on the issues by the participants
			 represented; and
(c) 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.
(5) 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.