641—40.28 (136C) Radiological criteria for license termination.
	 40.28(1) The criteria in this rule apply to the decommissioning of facilities licensed under 641—Chapter 39, and to the release of part of a facility or site for unrestricted use, as well as other facilities subject to the agency’s jurisdiction under Iowa Code chapter 136C.
	 40.28(2) The criteria in this rule do not apply to sites which:
	  a.   	 Have been decommissioned prior to July 1, 1999, in accordance with criteria identified in 641—subrule 39.4(33).
	  b.   	 Have previously submitted and received agency approval on a license termination plan (LTP) or decommissioning plan that is compatible with the United States Nuclear Regulatory Commission (NRC) Site Decommissioning Management Plan (SDMP) Action Plan criteria; or
	  c.   	 Submit a sufficient LTP or decommissioning plan prior to July 1, 1999, and such LTP or decommissioning plan is approved by the agency prior to July 1, 1999, except that if an environmental impact statement is required in the submittal, there will be a provision for day-to-day extension.
	 40.28(3) After a site has been decommissioned and the license terminated in accordance with the criteria in this chapter, or after part of a facility or site has been released for unrestricted use in accordance with this chapter, the agency will require additional cleanup only if, based on new information, it determines that the criteria of this chapter were not met and residual radioactivity remaining at the site could result in significant threat to public health and safety.
	 40.28(4) When calculating TEDE to the average member of the critical group the licensee shall determine the peak annual TEDE dose expected within the first 1000 years after decommissioning.
	 40.28(5) Public notification and public participation. Upon the receipt of an LTP or decommissioning plan from the licensee or a proposal by the licensee for release of a site pursuant to 40.30(136C) or 40.31(136C) or whenever the agency deems such notice to be in the public interest, the agency shall:
	  a.   	 Notify and solicit comments from:
	 (1) 	 Local and state governments in the vicinity of the site and any Indian nation or other indigenous people that have treaty or statutory rights that could be affected by the decommissioning; and
	 (2) 	 The Environmental Protection Agency for cases where the licensee proposes to release a site pursuant to 40.31(136C).
	  b.   	 Publish a notice in the Iowa Administrative Bulletin and in a forum, such as local newspapers, letters to state or local organizations, or other appropriate forum, that is readily accessible to individuals in the vicinity of the site, and solicit comments from affected parties.
	 40.28(6) Minimization of contamination. Applicants for licenses, other than renewals, after July 1, 1999, shall describe in the application how facility design and procedures for operation will minimize, to the extent practicable, contamination of the facility and the environment, facilitate eventual decommissioning, and minimize, to the extent practicable, the generation of radioactive waste.