Ohio Administrative Code|Rule 3701:1-56-21 | Expiration and termination of licenses and decommissioning of sites and separate buildings or outdoor areas.

                                                
(A) Each specific license expires at the
		  end of the day on the expiration date stated in the license unless the licensee
		  has filed an application for renewal under rule 3701:1-38-02 of the
		  Administrative Code not less than ninety days before the expiration date stated
		  in the existing license. If an application for renewal has been filed at least
		  ninety days before the expiration date stated in the existing license, the
		  existing license expires at the end of the day on which the director makes a
		  final determination to deny the renewal application or, if the determination
		  states an expiration date, the expiration date stated in the
		  determination.
(B) Each specific license revoked by the
		  director expires at the end of the day on the date of the director's final
		  determination to revoke the license, or on the expiration date stated in the
		  determination, or as otherwise provided by a director's
		  order.
(C) Each specific license continues in
		  effect, beyond the expiration date if necessary, with respect to possession of
		  special nuclear material until the director notifies the licensee in writing
		  that the license is terminated. During this time, the licensee
		  shall:
(1) Limit actions
			 involving special nuclear 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 sixty days of the occurrence
		  of any of the following, consistent with the administrative directions in rule
		  3701:1-56-12 of the Administrative Code, each licensee shall provide
		  notification to the director in writing 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 twelve months of
		  notification a decommissioning plan, if required by paragraph (G)(1) of this
		  rule, and begin decommissioning upon approval of that plan if:
(1) The license has
			 expired pursuant to paragraph (A) or (B) of this rule;
(2) The licensee has
			 decided to permanently cease principal activities at the entire site or in any
			 separate building or outdoor area;
(3) No principal
			 activities under the license have been conducted for a period of twenty-four
			 months; or
(4) No principal
			 activities have been conducted for a period of twenty-four 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 paragraph (D) of this rule, the licensee shall maintain in effect
		  all decommissioning financial assurances established by the licensee pursuant
		  to rule 3701:1-56-20 of the Administrative Code in conjunction with a license
		  issuance or renewal or as required by this rule. 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 paragraph
		  (G)(4)(e) of this rule. 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 director.
(F) The director may grant a request to
		  delay or postpone initiation of the decommissioning process if the director
		  determines that such 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 thirty days before notification pursuant to paragraph (D) of this rule.
		  The schedule for decommissioning set forth in paragraph (D) of this rule may
		  not commence until the director has made a determination on the
		  request.
(G)  
(1) A decommissioning
			 plan must be submitted if required by license condition or if the procedures
			 and activities necessary to carry out decommissioning of the site or separate
			 building or outdoor area have not been previously approved by the director and
			 these procedures could increase potential health and safety impacts to workers
			 or to the public, such as in any of the following cases:
(a) Procedures would involve techniques not applied routinely
				during cleanup or maintenance operations;
(b) Workers would be entering areas not normally occupied where
				surface contamination and radiation levels are significantly higher than
				routinely encountered during operation;
(c) Procedures could result in significantly greater airborne
				concentrations of radioactive materials than are present during operation;
				or
(d) Procedures could result in significantly greater releases of
				radioactive material to the environment than those associated with
				operation.
(2) The director may
			 approve an alternate schedule for submittal of a decommissioning plan required
			 pursuant to paragraph (D) of this rule if the director 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.
(3) The procedures listed
			 in paragraph (G)(1) of this rule may not be carried out prior to approval of
			 the decommissioning plan.
(4) The proposed
			 decommissioning plan for the site or separate building or outdoor area must
			 include:
(a) A description of the conditions of the site or separate
				building or outdoor area sufficient to evaluate the acceptability of the
				plan;
(b) A description of planned decommissioning
				activities;
(c) A description of methods used to ensure protection of workers
				and the environment against radiation hazards during
				decommissioning;
(d) A description of the planned final radiation
				survey;
(e) An updated detailed cost estimate for decommissioning,
				comparison of that estimate with present funds set aside for decommissioning,
				and a plan for assuring the availability of adequate funds for completion of
				decommissioning; and
(f) For decommissioning plans calling for completion of
				decommissioning later than twenty-four months after plan approval, a
				justification for the delay based on the criteria in paragraph (I) of this
				rule.
(5) The proposed
			 decommissioning plan will be approved by the director if the information
			 therein demonstrates that the decommissioning will be completed as soon as
			 practicable and that the health and safety of workers and the public will be
			 adequately protected.
(H)  
(1) Except as provided in
			 paragraph (I) of this rule, licensees shall complete decommissioning of the
			 site or separate building or outdoor area as soon as practicable but no later
			 than twenty-four months following the initiation of
			 decommissioning.
(2) Except as provided in
			 paragraph (I) of this rule, when decommissioning involves the entire site, the
			 licensee shall request license termination as soon as practicable but no later
			 than twenty-four months following the initiation of
			 decommissioning.
(I) The director may approve a request
		  for an alternate schedule for completion of decommissioning of the site or
		  separate building or outdoor area, and license termination if appropriate, if
		  the director determines that the alternative is warranted by consideration of
		  the following:
(1) Whether it is
			 technically feasible to complete decommissioning within the allotted
			 twenty-four month period;
(2) Whether sufficient
			 waste disposal capacity is available to allow completion of decommissioning
			 within the allotted twenty-four 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 director may consider appropriate on a case-by-case basis,
			 such as the regulatory requirements of other government agencies, lawsuits,
			 ground-water treatment activities, monitored natural ground-water restoration,
			 actions that could result in more environmental harm than deferred cleanup, and
			 other factors beyond the control of the licensee.
(J) As the final step in decommissioning,
		  the licensee shall:
(1) Certify the
			 disposition of all licensed material, including accumulated wastes, by
			 submitting a completed form HEA 5116 or equivalent information;
			 and
(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
			 in some other manner that the premises are suitable for release in accordance
			 with the criteria for decommissioning in rule 3701:1-38-22 of the
			 Administrative Code. The licensee shall, as appropriate:
(a) Report levels of gamma radiation in units of millisieverts
				(microroentgen) 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 one hundred 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
(b) Specify the survey instrument(s) used and certify that each
				instrument is properly calibrated and tested.
(K) Specific licenses, including expired
		  licenses, will be terminated by written notice to the licensee when the
		  director determines that:
(1) Special nuclear
			 material has been properly disposed;
(2) Reasonable effort has
			 been made to eliminate residual radioactive contamination, if present;
			 and
(3)  
(a) A radiation survey has been performed which demonstrates that
				the premises are suitable for release in accordance with the criteria for
				decommissioning in rule 3701:1-38-22 of the Administrative Code;
				or
(b) Other information submitted by the licensee is sufficient to
				demonstrate that the premises are suitable for release in accordance with the
				criteria for decommissioning in rule 3701:1-38-22 of the Administrative
				Code.
(4) Records required by
			 paragraph (B)(5) of rule 3701:1-56-10 of the Administrative Code have been
			 received.
(L) As used in this rule, "principal
		  activities" means activities authorized by the license which are essential
		  to achieving the purpose(s) for which the license was issued or amended.
		  Storage during which no licensed material is accessed for use or disposal and
		  activities incidental to decontamination or decommissioning are not principal
		  activities.