N.Y. Comp. Codes R. & Regs. tit. 12 § 38.6

Current through Register Vol. 46, No. 50, December 11, 2024

Section 38.6 - Applications for specific license

(a) An application for a specific license shall be made to the commissioner on a form prescribed by him. Such application shall set forth such pertinent information as the commissioner may require. Supplementary statements shall be filed upon the commissioner's request.

(b) Each application or supplementary statement shall be signed by either the applicant personally or a parson duly authorized by the applicant to sign for and on the applicant's behalf.

(c) As provided by section 38.7 of this Part, certain applications for specific licenses filed under this Part (rule) must contain a proposed decommissioning funding plan or a certification that financial assurance for decommissioning has been provided.

(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.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 38.6