NAC459.195. Application for license: Evaluation or emergency plan required for certain quantities of radioisotopes.

     1. Except as otherwise provided in this subsection, each application for a license to possess radioactive materials in unsealed form, on foils, in plated sources or sealed in glass in excess of the quantities specified in the table set forth in NAC 459.1951 must contain:

     (a) An evaluation showing that the maximum dose a person not on the premises of the facility where the radioactive material is located would receive due to a release of radioactive materials would not exceed 1 rem effective dose equivalent or 5 rems to the thyroid; or

     (b) An emergency plan for responding to a release of radioactive material.

Ê An application for a license to possess a combination of radioactive materials must include an emergency plan if, pursuant to the table set forth in NAC 459.1951, the sum of the ratios of the quantity of each radioactive material for which the license is sought to the quantity listed for that material exceeds one.

     2. An evaluation submitted pursuant to paragraph (a) of subsection 1 must be supported by one or more of the following factors:

     (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 specified in NAC 459.1951 because of the chemical or physical form of the material;

     (d) The solubility of the radioactive material would reduce the dose received;

     (e) The design of the facility or safety features engineered in the facility would cause the release fraction to be lower than the release fraction specified in the table set forth in NAC 459.1951;

     (f) Operating restrictions or procedures would prevent a release fraction in excess of the release fraction specified in the table set forth in NAC 459.1951; or

     (g) Other factors appropriate for the specific facility.

     3. An emergency plan submitted pursuant to paragraph (b) of subsection 1 must include the following:

     (a) A brief description of the applicant’s facility and the area near the site of the facility.

     (b) An identification of each type of accident involving radioactive materials that may occur for which protective actions would be needed.

     (c) A classification system for classifying an accident as an alert or an emergency. As used in this paragraph:

          (1) “Alert” means events may occur, are in progress or have occurred that could lead to a release of radioactive material but the release is not expected to require a response by any off-site organization for the protection of persons not on the property of the facility.

          (2) “Emergency” means events may occur, are in progress or have occurred that could lead to a significant release of radioactive material and could require a response by an off-site organization for the protection of persons not on the property of the facility.

     (d) An identification of the means of detecting each type of accident in a timely manner.

     (e) A brief description of the means and equipment to be used to mitigate the consequences of each type of accident, including the means and equipment provided to protect employees of the facility, and a description of the program for maintaining the equipment.

     (f) A brief description of the methods and equipment to be used to assess releases of radioactive materials.

     (g) A requirement that in the event of a release of radioactive material a control point will be established.

     (h) A brief description of the responsibilities of the personnel in the facility who would respond to an accident, including an identification of personnel responsible for promptly notifying off-site organizations and for promptly notifying the Division, and an identification of personnel responsible for maintaining and updating the emergency plan.

     (i) A commitment to and a brief description of the means to notify promptly and request assistance from off-site organizations, including the means for requesting medical assistance for the treatment of contaminated or injured employees of the facility if necessary. The notification of and coordination with off-site organizations must be planned so that the unavailability of some employees of the facility, the unavailability of access to certain parts of the facility and the unavailability of certain equipment will not prevent the notification and coordination. The plan must contain a commitment for notification of the Division immediately after notification of the off-site organizations but such notification must be made not later than 1 hour after an accident has been classified as an emergency pursuant to paragraph (c).

     (j) A brief description of the types of information that would be included in the notification given to off-site organizations and to the Division. Such information must include the status of the facility, any known releases of radioactive material and any recommended protective actions that should be taken.

     (k) A brief description of the frequency and objectives of and plans for the training that will be provided to employees of the facility on how to respond to an emergency and a brief description of any special instructions and orientation tours that would be offered to fire, police, medical and other emergency personnel. The training of employees must familiarize the employees with the emergency procedures to be followed at the site of the facility. In addition, the training must thoroughly prepare employees of the facility for their responsibilities in the event of the types of accidents most probable for that specific facility. The required training may include the training of groups of employees in the proper and coordinated response to such accidents.

     (l) A brief description of the means of restoring the facility to a safe condition after an accident.

     (m) Provisions for conducting quarterly tests of the system for communication with off-site organizations. The quarterly tests must include the check and update of all necessary telephone numbers.

     (n) Provisions for biennially conducting exercises at the site of the facility to test response to simulated emergencies. Off-site organizations must be invited to participate in the exercises. The exercises must use hypothetical accident scenarios which are most probable for the specific site of the facility and the scenarios must not be revealed to most participants in the exercises before commencing the exercises. A critique of each exercise must be required by participants who are not directly responsible for the implementation of the plan. The critiques of the exercises must evaluate the plan, emergency procedures, facilities, equipment, training of personnel and the overall effectiveness of the response. Deficiencies identified by the critiques must be corrected. The provisions of this paragraph do not require the participation of off-site organizations in the exercises.

     (o) A certification that the applicant has complied with the provisions of the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. §§ 11001 et seq.) which are applicable to the applicant’s activities at the proposed place of use of the radioactive material.

     4. The applicant shall provide off-site organizations which are expected to respond to any accidents involving radiation at the site of the facility 60 days to review and comment on the applicant’s emergency plan before submitting the plan to the Division. The applicant shall submit any comments received within the 60 days to the Division with the emergency plan.

     5. As used in this section, “off-site organization” means any organization not located at the site where the radioactive material is located which responds to accidents involving radiation.

     (Added to NAC by Bd. of Health, eff. 10-22-93)