(d) Emergency plans for responding to a
release of radioactive material.
(1) Each
application to possess radioactive materials in unsealed form, on foils or
plated sources, or sealed in glass in excess of the quantities in Table 7 of
section
38.41 of
this Part (rule) "Quantities of Radioactive Materials Requiring Consideration
of the Need for an Emergency Plan for Responding to a Release," must contain
either:
(i) an evaluation showing that the
maximum dose to a person offsite due to a release of radioactive materials
would not exceed 1 rem effective dose equivalent or 5 rems to the thyroid;
or
(ii) an emergency plan for
responding to a release of radioactive material.
(2) One or more of the following factors may
be used to support an evaluation submitted under subparagraph (1)(i) of this
subdivision:
(i) the radioactive material is
physically separated so that only a portion could be involved in an
accident;
(ii) all or part of the
radioactive material is not subject to release during an accident because of
the way it is stored or packaged;
(iii) the release fraction in the respirable
size range would be lower than the release fraction shown in Table 7 of section
38.41 of
this Part (rule) due to the chemical or physical form of the
material;
(iv) the solubility of
the radioactive material would reduce the dose received;
(v) facility design or engineered safety
features in the facility would cause the release fraction to be lower than
shown in Table 7 of section
38.41 of
this Part (rule);
(vi) operating
restrictions or procedures would prevent a release fraction as large as that
shown in Table 7 of section
38.41 of
this Part (rule); or
(vii) other
factors appropriate for the specific facility.
(3) An emergency plan for responding to a
release of radioactive material submitted under subparagraph (1)(ii) of this
subdivision must include the following information:
(i) Facility description. A brief description
of the licensee' s facility and area near the site.
(ii) Types of accidents. An identification of
each type of radioactive materials accident for which protective actions may be
needed.
(iii) Classification of
accidents. A classification system for classifying accidents as alerts or site
area emergencies.
(iv) Detection of
accidents. Identification of the means of detecting each type of accident in a
timely manner.
(v) Mitigation of
consequences. A brief description of the means and equipment for mitigating the
consequences of each type of accident, including those provided to protect
workers onsite, and a description of the program for maintaining the
equipment.
(vi) Assessment of
releases. A brief description of the methods and equipment to assess releases
of radioactive materials.
(vii)
Responsibilities. A brief description of the responsibilities of licensee
personnel should an accident occur, including identification of personnel
responsible for promptly notifying offsite response organizations and the
commissioner; also responsibilities for developing, maintaining, and updating
the plan.
(viii) Notification and
coordination. A commitment, and a brief description of the means, to promptly
notify offsite response organizations and request offsite assistance, including
medical assistance for the treatment of contaminated injured onsite workers
when appropriate. A control point must be established and the notification and
coordination must be planned so that unavailability of some personnel, parts of
the facility, and some equipment will not prevent the notification and
coordination. The licensee shall also commit to notify the commissioner
immediatelyafter notification of the appropriate offsite response organizations
and not later than one hour after the licensee declares an emergency.
(ix) Information to be communicated. A brief
description of the types of information on facility status, radioactive
releases, and recommended protective actions, if necessary, to be given to
offsite response organizations and to the commissioner.
(x) Training. A brief description of the
frequency, performance objectives and plans for the training that the licensee
will provide to workers on how to respond to an emergency; including any
special instructions and orientation tours the licensee would offer to fire,
police, medical and other emergency personnel. The training shall familiarize
personnel with site-specific emergency procedures. Also, the training shall
thoroughly prepare site personnel for their responsibilities in the event of
accident scenarios postulated as most probable for the specific site, including
the use of team training for such scenarios.
(xi) Safe shutdown. A brief description of
the means of restoring the facility to a safe condition after an
accident.
(xii) Exercises.
Provisions for conducting quarterly communications checks with offsite response
organizations and biennial onsite exercises to test response to simulated
emergencies. Quarterly communications checks with offsite response
organizations must include the check and update of all necessary telephone
numbers. The licensee shall invite offsite response organizations to
participate in the biennial exercises. Participation of offsite response
organizations in biennial exercises, although recommended, is not required.
Exercises must use accident scenarios postulated as most probable for the
specific site and the scenarios shall not be known to most exercise
participants. The licensee shall critique each exercise using individuals not
having direct implementation responsibility for the plan. Critiques of
exercises must evaluate the appropriateness of the plan, emergency procedures,
facilities, equipment, training of personnel, and overall effectiveness of the
response. Deficiencies found by the critiques must be corrected.
(xiii) Hazardous chemicals. A certification
that the applicant has met its responsibilities under the Emergency Planning
and Community Right-to-Know Act of 1986, Title III, Pub. L. 99-499, if
applicable to the applicant's activities at the proposed place of use of the
radioactive material.
(4) The licensee shall allow the offsite
response organizations expected to respond in case of an accident 60 days to
comment on the licensee's emergency plan before submitting it to the
commissioner. The licensee shall provide any comments received within 60 days
to the commissioner with the emergency plan.