Section 0400-20-10-.31 - FEES FOR LICENSES(1) A fee shall be assessed and collected on the application for and annual maintenance of licenses regarding radioactive materials, as follows: (a) Application filing fees from applicants for licenses to use or possess radioactive materials or any other activity authorized under this Chapter that requires a license from the Department.(b) Annual maintenance fees from licensees or persons required to possess a license under this Chapter, including reciprocal activity under Rule 0400-20-10-.29.(2) The application filing fees shall be the same amount as the annual maintenance fees set forth in paragraphs (6) through (19) of this rule. A radioactive material license application will not be considered for completeness unless the application filing fee has been paid in full. Within 15 days of receipt of an application, an invoice for the fee will be prepared and mailed to the applicant. The application filing fee is not refundable, except as specified in T.C.A.§ 68-203-103. Applicants for licenses greater than Category 8 shall pay the application fee annually until such time as the license is issued or denied. (An application filing fee shall be required when a licensee applies for a license modification to change to a higher numbered category, in which case the application fee will be the amount of the proposed new Category. The application filing fee shall serve as full payment of fees for the balance of the calendar year in which the license is issued.)(3) If a license authorizes activities under more than one Category, the application and annual maintenance fee shall be the cumulative total for each applicable category under which the license is issued.(4) The annual maintenance fees, based on the categories in paragraphs (6) through (19) of this rule shall be payable to the Division of Radiological Health by check made payable to "Treasurer State of Tennessee" by February 17 of each year, as indicated on the annual invoice, until the license is terminated in accordance with these regulations. (a) Provided that the licensee has demonstrated to the satisfaction of the Department that all of the requirements concerning disposal of radioactive material and the decontamination of facilities are met, the termination of the license is administratively accomplished by using one of the following:1. As requested by the licensee;2. By the Department for cause; or3. In accordance with these regulations.(b) The failure to acquire radioactive material or the disposal of radioactive material without notifying the Department and requesting termination in writing does not constitute termination of the license.(5) Complete Applications (a) For the purpose of determining whether or not the Division has acted in the time frame established to process applications set forth in subparagraph (e) of this paragraph, the evaluation period shall not begin until a complete application has been filed in the Division of Radiological Health Central Office. All items on the application form shall be completed in sufficient detail to allow the Division to determine that the applicant's equipment, facilities and radiation protection program are adequate to protect health and minimize danger to life and property.(b) The Division shall denote the date that all applications for radioactive material license are received in its Nashville office.(c) Upon receipt of an application, the Division must examine it to ensure that it is complete and advise the applicant in writing of its findings via electronic mail. Sixty days will be allowed for the initial and each subsequent review per part 3 of this subparagraph.1. If an application is determined to be incomplete, the Division must notify the applicant in writing via electronic mail of the finding with a brief explanation of the deficiencies. The application filing fee shall be retained by the Division.2. After receiving notice from the Division that the application was incomplete, the applicant shall have 180 calendar days to correct the deficiencies. If properly corrected, the application will be processed and no additional application fee is required, except for the possibility of those above Category 8. If the deficiencies are not corrected within the 180-day correction period, the fee will be forfeited in its entirety to the Division with no further action taken on the application by the Division. If the applicant re-applies, a new application fee must be paid in full.3. Upon receipt of a corrected application revised pursuant to part 1 or 2 of this subparagraph, the Division shall re-evaluate the application and notify the applicant of its finding as to whether the deficiencies in the application have been corrected. The same procedure to notify an applicant as to whether the application is complete will follow the requirements specified by this subparagraph, with the exception being that the 180-day correction period begins from the receipt of the initial application-not receipt of the revised application.4. Any person possessing licensable quantities of unlicensed radioactive material during the review of an application for a license for the radioactive material shall be in violation of Rule 0400-20-10-.02.(d) Revisions to an application, to reflect changes in radioactive material or its use, will be accepted by the Division during the application processing period. However, notwithstanding subparagraph (e) of this paragraph, the deadline for evaluation as to issuance of a license will restart upon each and every revision.(e) The Division shall make a decision to issue or deny a request for a new radioactive material license, except Category 12, and notify the applicant of that decision in no more than 365 days after receipt of a complete application, unless the Division has requested technical assistance in the review of the application from the Nuclear Regulatory Commission.(6) CATEGORY GL ------------------------------------------------------------------------------------------ $350.00 Any person possessing radioactive material, under the terms of any general license issued these regulations, in a form or device on which a test for leakage of radioactive material is required.
(7) CATEGORY 1 --------------------------------------------------------------------------------------------- $425.00 A specific license for source material used exclusively for shielding radiation.
(8) CATEGORY 2 --------------------------------------------------------------------------------------------- $850.00(b) The application, use or possession of radioactive material as chromatography sources or gauges not requiring assignment to another category.(c) The application, use or possession of radioactive material for in vitro use only, total quantity not to exceed 200 microcuries.(d) Any person who packages or containerizes, loads transport vehicles or ships radioactive materials to a licensed disposal/processing facility in Tennessee. In addition to application and annual maintenance fees, there is also a levied fee of two cents per pound ($0.02/lb) on all items contaminated or potentially contaminated with radioactive material or on low-level radioactive waste received at a processing, storage, disposal or refurbishing facility in Tennessee. Not withstanding the requirements of this paragraph and Rule 0400-20-10-.32, licensees with multiple sites within the state will be levied only one fee if items are moved directly from one site to another.
The operator of the disposal/processing facility shall collect the fee of two cents per pound ($0.02/lb). For each calendar month, he shall remit the total of fees collected for the month to the Division of Radiological Health by the 25th day of the following month.
(e) The application, use or possession of radioactive material for the calibration for hire of radiation detection, monitoring and measuring instruments.(f) The performance for hire of leak tests on sealed sources of radioactive material.(9) CATEGORY 3 ------------------------------------------------------------------------------------------- $1,170.00(a) The application, use or possession of radioactive material, unless specific to a higher numbered category, by an academic institution, but does not include licenses authorizing all radioisotopes with atomic number 3 through 83.(b) The possession and use of radioactive material for civil defense activities.(c) The application, use or possession of radioactive material by a medical, institution or physicians for use in radiopharmaceuticals for the diagnosis or therapy of humans.(g) The application, use or possession of radioactive material for demonstration or training purposes.(h) The application, use or possession of radioactive material for in vitro use only, total quantity exceeding 200 microcuries.(i) The use of sealed sources for soil and/or construction materials testing at temporary job-sites by licensees with licensed authorization for no more than two (2) devices.(j) The use of radioactive material as chromatography sources at temporary job-sites by licensees with licensed authorization for no more than two (2) devices.(k) The use of gauging and measuring devices at temporary job-sites by licensees with licensed authorization for no more than two (2) devices.(10) CATEGORY 4 ------------------------------------------------------------------------------------------- $1,950.00(a) The application, use or possession of radioactive material by a medical institution or physicians for interstitial, intracavitary or superficial treatment of humans using sealed sources, seeds or wires.(b) The application, use or possession of radioactive material in sealed sources for irradiation of materials in which the source is not removed from its shield (self-contained irradiators).(c) The application, use or possession of radioactive material for analytical testing purposes.(11) CATEGORY 5 ------------------------------------------------------------------------------------------- $2,730.00(a) The use of radioactive material in research and development, manufacturing, testing, processing and assembling of products. This group includes the use of source material in the manufacture of items such as mantles, alloys, gases, liquids, metals, ceramics, glass or photographic products.(b) The use of radioactive material in a process that incorporates that material into a product in exempt concentrations.(c) The possession and use of radioactive material in curie quantities in a number of sources in gauges and gauging applications that require frequent changes and therefore frequent review of the program to ensure that the hazard potential does not exceed the scope of the radiation safety program.(d) The use of a single radioactive material in the fabrication of sealed sources or ampoules.(e) The receipt of prepackaged radioactive material waste from other persons by a nuclear waste handler for storage for less than three (3) months before, transfer only to persons licensed to receive or dispose of the material.(f) The use of sealed sources for soil and/or construction materials testing at temporary job-sites by licensees with licensed authorization for more than two (2) devices.(g) The use of radioactive material as chromatography sources at temporary job-sites by licensees with licensed authorization for more than two (2) devices.(h) The use of gauging and measuring devices at temporary job-sites by licensees with licensed authorization for more than two (2) devices.(i) The application, use or possession of radioactive material by a medical institution or physicians for the treatment of humans with sealed sources contained in teletherapy devices.(j) The application, use or possession of radioactive material by a veterinarian for the treatment of animals using sealed sources, seeds or wires.(12) CATEGORY 6 ------------------------------------------------------------------------------------------- $7,800.00(a) The application, use or possession of radioactive material including source and/or special nuclear material in unsealed form in less than multi-curie quantities for use in the fabrication of sealed sources without regard to amount of contained radioactivity.(b) The manufacture of devices and/or sources that require in-depth review before approval by the Division. Each device and/or source reviewed shall be subject to this fee.(c) The preparation, use or distribution of radiopharmaceuticals to locations other than the licensee's address for use in medical diagnosis or therapy.(d) The use of radiography (the examination of the structure of materials by nondestructive methods using radioactive material) on the licensee's premises in a permanent shielded facility or temporary job-sites.(e) The possession and use of radioactive material by academic and medical institutions under a license authorizing all radioisotopes with atomic numbers 3 through 83.(g) The application of radioactive material to soil, water, air, plants and animals, if the application involves an actual or potential release in or to unrestricted areas.(h) The possession, use and distribution of radioactive material at one or more satellite facilities, or the possession and use of radioactive material at one or more satellite facilities, by medical institutions.(i) The application, use or possession of radioactive material by a medical institution or physicians for research using humans and/or animals.(13) CATEGORY 7 ------------------------------------------------------------------------------------------- $5,200.00(c) The application, use or possession of radioactive material for well logging, well surveys or tracer studies.(14) CATEGORY 8 ----------------------------------------------------------------------------------------- $14,625.00(a) The receipt of radioactive material waste from other persons by a nuclear waste handler, for the purpose of packaging or repackaging the material prior to transfer only to persons licensed to receive or dispose of the material.(b) The commercial collection, laundering or dry cleaning of wearing apparel that is contaminated with radioactive material.(15) CATEGORY 9 ----------------------------------------------------------------------------------------- $19,500.00(a) The possession of radioactive material or equipment contaminated or potentially contaminated with radioactive material as a result of operations involving the recovery of an element, compound or mixture from ores not subject to licensure because of the radioactive material content of the ore.(b) Facilities that possess radioactive material as a result of operations (not directly involving radioactive decontamination activities) involving recovery of materials or other manufacturing processes (not directly manufacturing radioactive items or products).(16) CATEGORY 10 --------------------------------------------------------------------------------------- $27,000.00(a) Facilities storing radioactive material, contaminated equipment and/or potentially contaminated equipment for transfer to authorized recipients as a service to the nuclear industry.(b) Possession and refurbishment of contaminated equipment and/or potentially contaminated equipment that has been used at nuclear power plants.(17) CATEGORY 11 --------------------------------------------------------------------------------------- $36,000.00(a) The collection, transfer, sorting and/or brokerage of radioactive material as sealed source, residue, product or as material in or on equipment; and/or The decontamination of products and/or equipment containing radioactive material and/or contaminated with radioactive material; and/or
The possession, storage and incineration of radioactive material or items contaminated with radioactive materials.
(b) On site possession and storage of radioactive material and/or equipment contaminated with radioactive material as a result of operations involving the recovery of an element, compound or mixture from ores subject to licensure because of the radioactive material content of the ore or concentration of the radioactive material during the processing of the ore.(c) Facilities involved in the manufacture of product lines containing radioactive material in the manufactured product.(d) Possession of radioactive material for processing. This material may exist in ores, concentrates, compounds or metals.(e) The possession of multi-curie quantities of unsealed radioactive material either as waste or for further processing and/or conversion into specific marketable products.(f) Operations involving the fabrication of sealed sources or manufacture of compounds for distribution to other specific or general licensees.(g) The possession and use of radioactive material in a sealed source for irradiation of materials in which the source is exposed for irradiation purposes (non self-contained irradiators).(18) CATEGORY 12 -------------------------------------------------------------------------------------- $450,000.00(a) The application for and/or operation of a low-level radioactive waste disposal facility.(b) The maximum length of reviewing time (the period of time when there are no outstanding unanswered questions) after receipt of a new application and the appropriate fee for a Category 12 specific license and the issuance of a license is 60 months.(19) CATEGORY 13 ----------------------------------------- At least $200.00 not greater than $375,000.00 The application, use or possession of radioactive material for uses or procedures not specifically included in any other category.
The fee shall be determined on a case-by-case basis.
The determination shall be based on an analysis of the hazard, the scope of the difficulty encountered in the review process and the specifics of the activity pursuant to the categories established in paragraphs (6) through (18) of this rule.
(20) CATEGORY NUCLEAR POWER PLANTS AND OTHER ----------------- Actual cost of program FUEL FACILITIES The Department may set and collect an annual fee from persons engaged in the business of producing electricity by utilizing nuclear energy and persons operating facilities for the fabrication of nuclear fuel. The amount of fees collected may not exceed the actual expenses that arise from emergency planning and implementation and environmental surveillance activities.
Tenn. Comp. R. & Regs. 0400-20-10-.31
Original rule filed February 22, 2012; effective May 22, 2012. Amendment filed February 13, 2013; effective May 14, 2013. Amendments filed December 4, 2023; effective 3/3/2024.Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.