Section He-P 4024.10 - License Termination Under Restricted Conditions A site shall be considered acceptable for license termination under restricted conditions only if:
(a) The licensee can demonstrate that further reductions in residual radioactivity necessary to comply with the provisions of He-P 4024.09 would result in net public or environmental harm or were not being made because the residual levels associated with restricted conditions are ALARA, taking into account consideration of any detriments, such as accidental deaths, expected to potentially result from decontamination and waste disposal;(b) The licensee has made provisions for legally enforceable institutional controls that provide reasonable assurance that the TEDE from residual radioactivity distinguishable from background to the average member of the critical group will not exceed 0.10 millisievert (10 mrem) per year, including that from groundwater sources of drinking water;(c) 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 shall include: (1) 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;(2) A statement of intent in the case of federal, state, or local government licensees, as described in He-P 4030.09(j) (5) ; or(3) When a governmental entity is assuming custody and ownership of a site, an arrangement that is deemed acceptable by such governmental entity;(d) The licensee has submitted a decommissioning plan to the DHHS/RHS indicating the licensee's intent to decommission in accordance with He-P 4024.06(c) and specifying that the licensee intends to decommission by restricting use of the site;(e) The decommissioning plan required by (d) above sufficiently demonstrates: (1) How the input of individuals and institutions in the community who may be affected by the decommissioning has been sought and incorporated, as appropriate, to include at a minimum the following: a. Participation by representatives of a broad cross section of community interests who might be affected by the decommissioning;b. An opportunity for a comprehensive, collective discussion on the issues by the participants represented; andc. 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;(2) Whether provisions for institutional controls proposed by the licensee provide reasonable assurance that the TEDE from residual radioactivity distinguishable from background to the average member of the critical group will not exceed the applicable limit in He-P 4020 through He-P 4023;(3) Whether provisions for institutional controls will impose undue burden on the local community or other affected parties; and(4) 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; and(f) 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: (1) One millisievert (100 mrem) per year; or(2) Five millisievert (500 mrem) per year provided the licensee: a. Demonstrates that further reductions in residual radioactivity necessary to comply with the one millisievert/year (100 mrem/y) value of He-P 4024.09(e) (3) a. are not technically achievable, would be prohibitively expensive, or would result in net public or environmental harm;b. Makes provisions for durable institutional controls; andc. Provides sufficient financial assurance, using an acceptable mechanism listed in He-P 4024.10(c) , to enable a responsible government entity or independent third party, including a governmental custodian of a site, to: 1. Carry out periodic rechecks of the site no less frequently than every 5 years to assure that the institutional controls remain in place as necessary to meet the criteria of He-P 4024.10(b) ; and2. Assume and carry out responsibilities for any necessary control and maintenance of those controls.N.H. Admin. Code § He-P 4024.10
#8393, eff 7-23-05; ss by #10492, eff 12-24-13