64E-5.214. Expiration and Termination of Licenses and Decommissioning of Sites and Separate Buildings or Outdoor Areas

(1) Except as provided in Part II, each specific license shall expire at the end of the specified day in the month and year stated therein. Each specific license revoked by the department expires at the end of the day on the date of the department’s final order revoking the license or on the expiration date stated in the final order.

(2)(a) Each licensee shall notify the department in writing within 60 days of the occurrence of any of the following 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 as specified in these rules or send a notice of a decommissioning plan within 12 months as specified in (4)(c) below and begin decommissioning upon approval of that plan.

1. The license has expired as specified in (1), above.

2. The licensee has ceased principal activities permanently at the entire site or in any separate building or outdoor area.

3. The licensee has conducted no principal activities under the license for 24 months.

4. The licensee has conducted no principal activities for 24 months in any separate building or outdoor area that contains residual radioactivity to the extent that the building or outdoor area is unsuitable for release as specified in these rules.

(b) The notification and request for termination of the license shall include the reports and information specified in (4)(a)4. and 5., below.

(3) No less than 30 days before the expiration date specified in the license, the licensee shall either:

(a) Submit an application for license renewal on the same form used for the initial application under Part II, or

(b) Notify the Department, in writing, if the licensee decides not to apply for license renewal.

(4)(a) If a licensee does not submit an application for license renewal under Part II, the licensee shall, on or before the expiration date specified in the license:

1. Terminate the use of radioactive material;

2. Remove residual radioactivity to the extent acceptable to the Department;

3. Properly dispose of the radioactive material;

4. Submit a properly completed DH Form 1059, which is herein incorporated by reference effective 7-17-85; and

5. Submit a radiation survey report to confirm the absence of radioactive materials or to establish the levels of residual radioactivity, unless the licensee demonstrates the absence of residual radioactivity in some other manner. The licensee shall, as appropriate:

a. For gamma radiation, report levels of radiation in units of microroentgens per hour at 10 centimeters and at 1 meter from surfaces.

b. For alpha and beta radiation, report levels of radioactivity in units of transformations per minute or microcuries per 100 square centimeters removable and fixed on surfaces, microcuries per milliliter in water, and picocuries per gram in contaminated solids such as soils or concrete; and

c. Specify the instruments used and certify that each instrument is properly calibrated or tested.

(b)1. If no residual radioactivity attributable to activities conducted under the license is detected, the licensee shall submit a certification that no detectable residual radioactivity was found.

2. Specific licenses including expired licenses will be terminated by written notice to the licensee when the department determines that:

a. Radioactive material has been properly disposed; and

b. A radiation survey has been performed which demonstrates that the premises are suitable for release for unrestricted use or satisfies the requirements specified in Rule 64E-5.221, 64E-5.222, 64E-5.223, or 64E-5.224, F.A.C.; or

c. Other information submitted by the licensee is sufficient to demonstrate that the premises are suitable for release for unrestricted use or satisfies the requirements specified in Rule 64E-5.221, 64E-5.222, 64E-5.223 or 64E-5.224, F.A.C.; or

d. Department has received the following records, if requested:

(I) Disposal records specified in Rule 64E-5.330, subsections 64E-5.331(1)(a), (c), (2), (3), or paragraph 64E‑5.336(2)(d), F.A.C.; and

(II) Records specified in subsection 64E-5.214(6), F.A.C.

(c)1. If detectable levels of residual radioactivity attributable to activities conducted under the license are found or licensee possesses other radioactive materials, the license continues in effect beyond the expiration date, if necessary, with respect to possession of residual radioactivity present or possession of radioactive material, until the department notifies the licensee in writing that the license is terminated. During this time, the licensee is subject to the provisions of (5), below.

2. In addition to the information submitted under (4)(a)4. and 5., above, the licensee shall submit a plan for decommissioning if decommissioning procedures have not been approved previously by the department and could impact the health and safety of workers or the public as follows:

a. More than routine cleanup and maintenance is required;

b. Workers will be in areas with significantly increased surface contamination or radiation levels;

c. Procedures will result in significantly greater airborne concentrations of radioactive materials; or

d. Procedures will result in significantly greater releases of radioactive material to the environment.

3. Procedures which could potentially impact health, safety and the environment may not be performed until the decommissioning plan has been approved.

4. The proposed decommissioning plan must include:

a. A description of the planned decommissioning activities;

b. A description of the methods used to assure protection of workers and the environment against radiation hazards during decommissioning;

c. The time required to complete the decommissioning plan; and

d. A description of the planned final radiation survey.

5. The proposed decommissioning plan will be reviewed by the department and approved or additional information will be requested within 60 days.

6. Upon approval of the decommissioning plan by the department, the licensee shall complete decommissioning in accordance with the approved plan. As a final step in decommissioning, the licensee shall again submit the information required in (4)(a)5., above, of this section and shall certify the disposition of accumulated wastes from decommissioning.

7. If the information submitted as specified in (4)(a)5. or (4)(c)6. of this section does not adequately demonstrate that the premises are suitable for unrestricted use or does not satisfy the requirements specified in Rule 64E-5.221, 64E-5.222, 64E-5.223, or 64E-5.224, F.A.C., the department will inform the licensee of the appropriate further actions required for termination of the license.

(5) Each licensee who possesses radioactive material under (4)(c), above, following the expiration date specified in the license shall:

(a) Limit actions involving radioactive material to those related to decontamination, decommissioning, and other activities related to preparation for release for unrestricted use; and

(b) Continue to control entry to restricted areas until they are suitable for release for unrestricted use and the Department notifies the licensee, in writing, that the license is terminated.

(6) Each licensee shall keep records of the decommissioning of the facility in an identified location until the license is terminated by the department. If records of relevant information are kept for other purposes, reference to these records and their location can be used. Records which must be kept include:

(a) Records of spills or other unusual occurrences involving the spread of contamination in and around the facility, equipment, or site. These records can be limited to instances when contamination remains after cleanup procedures or when contaminants have spread to inaccessible areas such as possible seepage into porous materials such as concrete. These records must include any known information on identification of involved nuclides, quantities, forms, and concentrations;

(b) Drawings of structures as originally built, of modifications, and of equipment in restricted areas where radioactive materials are used or stored, and of locations of possible inaccessible contamination such as buried pipes which can be subject to contamination. Drawings and their location can be referenced if not on site. If drawings are not available, the licensee shall substitute appropriate records of available information concerning these areas and locations.

(c) Except for areas containing only radioactive materials having half-lives of less than 65 days or sealed sources that either have not leaked or no contamination remains after any leak, a list contained in a single document and updated every 2 years, of the following:

1. All areas designated and formerly designated restricted areas as defined in Rule 64E-5.101, F.A.C.;

2. All areas outside of restricted areas that require documentation under paragraph 64E-5.214(6)(a), F.A.C.;

3. All areas outside of restricted areas where current and previous wastes have been buried as documented under Rule 64E-5.340, F.A.C.; and

4. All areas outside of restricted areas which contain material such that, if the license expired, the licensee would be required to either decontaminate the area to unrestricted release levels or satisfy the requirements specified in Rule 64E-5.221, 64E-5.222, 64E-5.223, or 64E-5.224, F.A.C.; and

(d) Records of the cost estimate performed for the performance bond required in Rule 64E-5.217, F.A.C., and records of the funding method used.

(7) Confirmatory or closeout surveys will be performed by the department according to the Closeout Inspection and Survey Procedures, November 1991, which are herein incorporated by reference and which are available from the department.

Rulemaking Authority 404.051(4), (6), (9), 404.061(2), 404.081 FS. Law Implemented 404.051(1), (4), (6), (9), 404.061(2), 404.081(1) FS. History– New 7-17-85, Amended 5-12-93, 8-14-96, Formerly 10D-91.315, Amended 5-18-98, 10-8-00, 12-19-01.