15A NCAC 11 .0352 EMERGENCY PLANS
(a) Each application to possess radioactive materials in unsealed form, on foils or plated sources, or sealed in glass in excess of the quantities in the table in Subparagraph (e)(1) of this Rule must contain either:
(1) an evaluation showing that the maximum dose to a person off‑site due to a release of radioactive materials would not exceed one rem effective dose equivalent or five rems to the thyroid; or
(2) an emergency plan for responding to a release of radioactive material.
(b) One or more of the following factors may be used to support an evaluation submitted under Subparagraph (a)(1) of this Rule:
(1) the radioactive material is physically separated so that only a portion could be involved in an accident;
(2) all or part of the radioactive material is not subject to release during an accident because of the way it is stored or packaged;
(3) the release fraction in the respirable size range would be lower than the release fraction shown in Subparagraph (e)(1) of this Rule due to the chemical or physical form of the material;
(4) the solubility of the radioactive material would reduce the dose received;
(5) facility design or engineered safety features in the facility would cause the release fraction to be lower than shown in Subparagraph (e)(1) of this Rule;
(6) operating restrictions or procedures would prevent a release fraction as large as that shown in Subparagraph (e)(1) of this Rule; or
(7) other factors appropriate for the specific facility.
(c) An emergency plan for responding to a release of radioactive material submitted under Subparagraph (a)(2) of this Rule must include the following information:
(1) brief description of the licensee's facility and area near the site;
(2) identification of each type of radioactive materials accident for which protective actions may be needed;
(3) classification system for classifying accidents as alerts or site area emergencies;
(4) identification of the means of detecting each type of accident in a timely manner;
(5) 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;
(6) brief description of the methods and equipment to assess releases of radioactive materials;
(7) 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 agency, and responsibilities for developing, maintaining, and updating the plan;
(8) brief description of notification and coordination, to include 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 on‑site workers when appropriate, provided that:
(A) a control point shall be established;
(B) the notification and coordination shall be planned so that unavailability of some personnel, parts of the facility, and some equipment will not prevent the notification and coordination;
(C) the licensee shall also commit to notify the agency immediately after notification of the appropriate off‑site response organizations, not to exceed one hour after the licensee declares an emergency; and
(D) the reporting requirements in Subparagraph (c)(8) of this Rule do not substitute for or relieve the licensee from responsibility for complying with the requirements in the Emergency Planning and Community Right‑to‑Know Act of 1986, Title III, Public Law 99‑499 or other state or federal reporting requirements;
(9) 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 to the agency;
(10) 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, where such training shall:
(A) familiarize personnel with site‑specific emergency procedures; and
(B) 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;
(11) brief description of the means of restoring the facility to a safe condition after an accident;
(12) brief description of provisions for conducting quarterly communications checks with off‑site response organizations and biennial on‑site exercises to test response to simulated emergencies where such provisions shall meet the following specific requirements:
(A) quarterly communications checks with off‑site response organizations shall include the check and update of all necessary telephone numbers;
(B) while participation of off‑site response organizations in biennial exercises is encouraged but not required, the licensee shall invite off‑site response organizations to participate in the biennial exercises;
(C) accident scenarios for biennial exercises shall not be known to most exercise participants;
(D) the licensee shall critique each exercise using individuals who do not have direct implementation responsibility for the plan; and
(E) critiques of exercises shall evaluate the appropriateness of the plan, emergency procedures, facilities, equipment, training of personnel, and overall effectiveness of the response; and
(F) deficiencies found by the critiques in Part (c)(12)(E) of this Rule shall be corrected;
(13) certification that the applicant has met its responsibilities under the Emergency Planning and Community Right‑to‑Know Act of 1986, Title III, Public Law 99‑499, if applicable to the applicant's activities at the proposed place of use of the radioactive material.
(d) 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 agency. The licensee shall provide any comments received within the 60 day comment period to the agency with the emergency plan.
(e) Quantities of radioactive material requiring consideration of the need for an emergency plan for responding to a release as used in this Rule and special instructions for use are:
(1) TABLE
RADIOACTIVE MATERIAL RELEASE QUANTITY
FRACTION (CURIES)
Actinium‑228 0.001 4,000
Americium‑241 .001 2
Americium‑242 . 001 2
Americium‑243 .001 2
Antimony‑124 .01 4,000
Antimony‑126 .01 6,000
Barium‑133 .01 10,000
Barium‑140 .01 30,000
Bismuth‑207 .01 5,000
Bismuth‑210 .01 600
Cadmium‑109 .01 1,000
Cadmium‑113 .01 80
Calcium‑45 .01 20,000
Californium‑252 .001 9 (20 mg)
Carbon-14 (NON CO) .01 50,000
Cerium-141 .01 10,000
Cerium-144 .01 300
Cesium-134 .01 2,000
Cesium-137 .01 3,000
Chlorine-36 .5 100
Chromium-51 .01 300,000
Cobalt-60 .001 5,000
Copper-64 .01 200,000
Curium-242 .001 60
Curium-243 .001 3
Curium-244 .001 4
Curium-245 .001 2
Europium-152 .01 500
Europium-154 .01 400
Europium-155 .01 3,000
Germanium-68 .01 2,000
Gadolinium-153 .01 5,000
Gold-198 .01 30,000
Hafnium-172 .01 400
Hafnium-181 .01 7,000
Holmium-166 m .01 100
Hydrogen-3 .5 20,000
Iodine-125 .5 10
Iodine-131 .5 10
Indium-114 m .01 1,000
Iridium-192 .001 40,000
Iron-55 .01 40,000
Iron-59 .01 7,000
Krypton-85 1.0 6,000,000
Lead-210 .01 8
Manganese-56 .01 60,000
Mercury-203 .01 10,000
Molybdenum-99 .01 30,000
Neptunium-237 .001 2
Nickel-63 .01 20,000
Niobium-94 .01 300
Phosphorus-32 .5 100
Phosphorus-33 .5 1,000
Polonium-210 .01 10
Potassium-42 .01 9,000
Promethium-145 .01 4,000
Promethium-147 .01 4,000
Ruthenium-106 .01 200
Samarium-151 .01 4,000
Scandium-46 .01 3,000
Selenium-75 .01 10,000
Silver-110 m .01 1,000
Sodium-22 .01 9,000
Sodium-24 .01 10,000
Strontium‑89 .01 3,000
Strontium‑90 .01 90
Sulfur‑35 .5 900
Technetium‑99 .01 10,000
Technetium‑99 m .01 400,000
Tellurium‑127 m .01 5,000
Tellurium‑129 m .01 5,000
Terbium‑160 .01 4,000
Thulium‑170 .01 4,000
Tin‑113 .01 10,000
Tin‑123 .01 3,000
Tin‑126 .01 1,000
Titanium‑44 .01 100
Vanadium‑48 .01 7,000
Xenon‑133 1.0 900,000
Yttrium‑91 .01 2,000
Zinc‑65 .01 5,000
Zirconium‑93 .01 400
Zirconium‑95 .01 5,000
Any other beta‑gamma emitter .01 10,000
Mixed fission products .01 1,000
Mixed corrosion products .01 10,000
Contaminated equipment beta‑gamma .001 10,000
Irradiated material, any form
other than solid noncombustible .01 1,000
Irradiated material, solid
noncombustible .001 10,000
Mixed radioactive waste
beta‑gamma .01 1,000
Packaged mixed waste, beta‑gamma .001 10,000
Any other alpha emitter .001 2
Contaminated equipment, alpha .0001 20
Packaged waste, alpha .0001 20
(2) For combinations of radioactive materials, consideration of the need for an emergency plan is required if the sum of the ratios of the quantity of each radioactive material authorized to the quantity listed for that material in the table in Subparagraph (e)(1) of this Rule exceeds one.
(3) Waste packaged in Type B containers, as defined in 10 CFR Part 71.4, does not require an emergency plan.
History Note: Authority G.S. 104E‑7; 104E‑18;
Eff. May 1, 1992;
Amended Eff. May 1, 1993; October 1, 1992.