(1) Each application to possess
radioactive materials in excess of the quantities
specified in the appendix to this rule, whether in unsealed form, on
foils or plated sources, or sealed in glass,
shall contain either:
(a) An evaluation showing that the maximum
dose to a person offsite due to a release of radioactive materials would not
exceed 0.01 sievert (one rem) TEDE or 0.05 sievert (five rem) to the thyroid;
or
(b) 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 of the need to submit an emergency plan under
this paragraph:
(a) The radioactive material
is physically separated so that only a portion of the material could be
involved in an accident;
(b) All or
part of the radioactive material is not subject to release during an accident
because of the way it is stored or packaged;
(c) The release fraction in the respirable
size range would be lower than the release fraction specified in the appendix
to this rule due to the chemical or physical form of the material;
(d) The solubility of the radioactive
material would reduce the dose received;
(e) Facility design or engineered safety
features in the facility would cause the release fraction to be lower than the
limit specified in the appendix to this rule;
(f) Operating restrictions or procedures
would prevent a release fraction as large as that shown in the appendix to this
rule; or
(g) Other factors
appropriate for the specific facility as determined by the director.
(3) An emergency plan for
responding to a release of radioactive material submitted under paragraph
(G)(1)(b) of this rule shall include the following information:
(a) A brief description of the licensee's
facility and the area near the site.
(b) An identification of each type of
possible radioactive material accident which may require protective
action.
(c) A classification system
for classifying an accident as either an alert or a site area
emergency.
(d) Identification of
the means of detecting each type of accident in a timely manner.
(e) 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.
(f) A
brief description of the methods and equipment to assess releases of byproduct
and accelerator produced materials.
(g) A brief description of the
responsibilities of the licensee's personnel should an accident occur,
including identification of personnel responsible for promptly notifying
offsite response organizations and the department, and identification of
personnel responsible for developing, maintaining, and updating the
plan.
(h) A commitment to, 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 shall be established. The notification and coordination shall be
planned so that in the event that some personnel, parts of the facility, or
some equipment is not available, that unavailability will not prevent such
notification and coordination. The licensee shall also commit to notifying the
department immediately after notification of the appropriate offsite response
organizations and not later than one hour after the licensee declares an
emergency. These reporting requirements do not supersede or release licensees
from complying with the requirements of the "Emergency Planning and Community
Right-to-Know Act of 1986,
"Title III
ofPub. L. 99-499, 100
Stat. 1728,
42
U.S.C. 11001 et seg. or other state or
federal reporting requirements.
(i)
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 department.
(j) A brief description of the frequency,
performance objectives and plans for the training that the licensee will
provide 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. The training also shall thoroughly
prepare site personnel for their responsibilities in the event of an accident,
including training on the emergency scenarios postulated as most probable for
the specific site, and the use of team training for such scenarios.
(k) A brief description of the means of
restoring the facility to a safe condition after an accident.
(l) Provisions for conducting quarterly
communication checks with offsite response organizations and biennial onsite
exercises to test response to simulated emergencies. Quarterly communication
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.
(m) A certification that the applicant has
met all responsibilities under the "Emergency Planning and Community
Right-to-Know Act of 1986,"Title III
ofPub. L. 99-499, 100
Stat. 1728,
42
U.S.C. 11001 et seg, if applicable to
the applicant's activities at the proposed place of use of the byproduct or
accelerator produced material.
(n)
The licensee must have and maintain liability coverage for incidents which
would activate the plan to cover bodily injury and property damage to third
parties caused by incidents which would activate the plan in the amount of at
least one million dollars per occurrence with an annual aggregate of at least
two million dollars, exclusive of legal defense costs.
(4) The licensee shall allow the offsite
response organizations expected to respond in case of an accident sixty days to
comment on the licensee's emergency plan before submitting it to the
department. The licensee shall provide any comments received within the sixty
days to the department with the emergency plan.