(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 Fl. Admin. Code R. 64E-5.220, must contain either:

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    (a) An evaluation showing that the maximum dose to a person off-site due to a release of radioactive materials would not exceed 1 rem (10 mSv) effective dose equivalent or 5 rem (50 mSv) to the thyroid, or
    (b) An emergency plan for responding to a release of radioactive material.
    (2) One or more of the following factors can be used to support an evaluation submitted under paragraph (1)(a), of this rule:
    (a) The radioactive material is physically separated so that only a portion 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 shown in Fl. Admin. Code R. 64E-5.220, 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 shown in Fl. Admin. Code R. 64E-5.220
    (f) Operating restrictions or procedures would prevent a release fraction as large as that shown in Fl. Admin. Code R. 64E-5.220
    (g) Other factors appropriate for the specific facility.
    (3) Each application to possess source material in the form of uranium hexafluoride in excess of 50 kilograms in a single container or 1,000 kilograms total must contain either:
    (a) An evaluation showing that the maximum intake of uranium by a member of the public due to a release would not exceed 2 milligrams, or
    (b) An emergency plan for responding to the radiological hazards of an accidental release of source material and to any associated chemical hazards.
    (4) One or more of the following factors can be used to support an evaluation submitted under paragraph (3)(a), of this rule:
    (a) All or part of the radioactive material is not subject to release during an accident because of the way it is stored or packaged.
    (b) Facility design or engineered safety features in the facility would reduce the amount of the release.
    (c) Other factors pertaining to the specific facility.
    (5) Each application to possess special nuclear material in the form of uranium hexafluoride in excess of 50 kilograms in a single container or 1,000 kilograms total, or in excess of 2 curies (74 GBg) of plutonium in unsealed form or on foils or plated sources, must contain either:
    (a) An evaluation showing that the maximum dose to a member of the public off-site due to a release of radioactive materials would not exceed 1 rem (10mSv) effective dose equivalent, or
    (b) An emergency plan for responding to the radiological hazards of an accidental release of special nuclear material and to any associated chemical hazards.
    (6) One or more of the following factors can be used to support an evaluation submitted under paragraph (5)(a), of this rule:
    (a) The radioactive material is physically separated so that only a portion 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) In the case of fires or explosions, the release fraction would be lower than 0.001 due to the chemical or physical form of the material.
    (d) The solubility of the material released would reduce the dose received.
    (e) The facility design or engineered safety features in the facility would cause the release fraction to be lower than 0.001.
    (f) Operating restrictions or procedures would prevent a release large enough to cause a member of the public off-site to receive a dose exceeding 1 rem (10mSv) effective dose equivalent.
    (g) Other factors pertaining to the specific facility.
    (7) An emergency plan responding to a release of radioactive material submitted under paragraph (1)(b), (3)(b) or (5)(b), of this rule, must include the following information:
    (a) A brief description of the licensee’s facility and area near the site.
    (b) An identification of each type of radioactive materials accident for which protective actions could be needed.
    (c) A classification system for classifying accidents as alerts or site area emergencies.
    (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 on site, and a description of the program for maintaining the equipment.
    (f) A brief description of the methods and equipment to assess releases of radioactive materials.
    (g) A brief description of the responsibilities of licensee personnel should an accident occur, including identification of personnel responsible for promptly notifying off-site response organizations and the department and the responsibilities of licensee personnel for developing, maintaining, and updating the plan.
    (h) A commitment to and a brief description of the means to promptly notify off-site response organizations and request off-site assistance, including medical assistance for the treatment of contaminated injured onsite workers when appropriate. A control point must be established. The notification and coordination must be planned so that unavailability of some personnel, parts of the facility, or some equipment will not prevent the notification and coordination. The licensee shall also commit to notify the department immediately after notification of the appropriate off-site response organizations and not later than 1 hour after the licensee declares an emergency.
    (i) A brief description of the types of information on facility status, radioactive releases, and recommended protective actions, if necessary, to be given to off-site response organizations and 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. 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.
    (k) A brief description of the means of restoring the facility to a safe condition after an incident.
    (l) Provisions for conducting quarterly communications checks with off-site response organizations and biennial onsite exercises to test response to simulated emergencies. Quarterly communications checks with off-site response organizations must include the check and update of all necessary telephone numbers. The licensee shall invite off-site response organizations to participate in the biennial exercises. Participation of off-site 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 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.
    (8) The licensee shall allow the off-site 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 department. The licensee shall provide any comments received within the 60 days to the department with the emergency plan.
Rulemaking Authority 404.022, 404.042, 404.051, 404.061, 404.071, 404.081 FS. Law Implemented 404.022, 404.042, 404.051(1), (4), (6), (9), (10), 404.061(2), (3), 404.071(1), 404.081(1) FS. History-New 5-12-93, Formerly 10D-91.326.