Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 220 - Rules Relating to Radiation Protection › Part C - LICENSING OF RADIOACTIVE MATERIAL › SPECIFIC LICENSES › Section 144-220-C-8 - General requirements for the issuance of specific licenses

Current through 2024-29, July 17, 2024
A license application will be approved if the Agency
						determines that:
A. The applicant is
					 qualified by reason of training and experience to use the material in question
					 for the purpose requested in accordance with this rule in such a manner as to
					 minimize danger to public health and safety or property;
B. The applicant's proposed equipment,
					 facilities, and procedures are adequate to minimize danger to public health and
					 safety or property;
C. The issuance
					 of the license will not be inimical to the health and safety of the public; and
D. The applicant satisfies any
					 applicable special requirements in C.9, C.10. or C.11. and Part E, Part G, and
					 Part K of this rule.
E.
					 Environmental report, commencement of construction. In the case of an
					 application for a license to receive and possess radioactive material for
					 commercial waste disposal by land burial, source material milling, or for the
					 conduct of any other activity which the Agency determines will significantly
					 affect the quality of the environment, the Agency, before commencement of
					 construction of the plant or facility in which the activity will be conducted,
					 has concluded, after weighing the environmental, economic, technical and other
					 benefits against environmental costs and considering available alternatives,
					 that the action called for is the issuance of the proposed license, with any
					 appropriate conditions to protect environmental values. Commencement of
					 construction prior to such conclusion shall be grounds for denial of a license
					 to receive and possess radioactive material in such plant or facility. As used
					 in this paragraph the term "commencement of construction" means any clearing of
					 land, excavation, or other substantial action that would adversely affect the
					 environment of a site. The term does not mean site exploration, necessary roads
					 for site exploration, borings to determine foundation conditions, or other
					 pre-construction monitoring or testing to establish background information
					 related to the suitability of the site or the protection of environmental
					 values.
F. Financial surety for
					 decommissioning, recovery or site reclamation.
(1) Each applicant for a specific license
					 authorizing the possession and use of special nuclear material, source
					 material, or unsealed radioactive material in quantities and amounts in excess
					 of those indicated in Table F.1 shall submit a decommissioning funding plan, as
					 described in paragraph (4) of this section, in the event of planned or
					 unplanned decommissioning, recovery, or site reclamation. The decommissioning
					 funding plan must also be submitted when a combination of isotopes is involved
					 if R divided by 105 is greater than 1 (unity rule), where R is defined here as
					 the sum of the ratios of quantity of each isotope to the applicable value in
					 Part C, Appendix E.
Table F.1
Type
Exceeding
Special Nuclear Material
105 times Part C, App.
								  E
Source Material
100 µCi in readily dispersible form
Radioactive Material
Half-life greater than 120 days and
								  105 times Part C, App. E
(2) Each applicant for or holder of a
					 specific license authorizing possession and use of special nuclear material,
					 source material, or radioactive material (for sealed sources or plated foils of
					 half-life greater than 120 days and in quantities exceeding
					 1012 times the applicable quantities set forth in
					 Appendix E of Part C, or when a combination of isotopes is involved if R, as
					 defined in C.8.F(1), divided by 1012 is greater than
					 1) in excess of those indicated in Table F. 2) shall either:
(a) Submit a decommissioning funding plan as
					 described in paragraph (4) of this section; or
(b) Submit a certification that financial
					 assurance for decommissioning has been provided in the amount prescribed by
					 Table F.2 of this section using one of the methods described in paragraph (7)
					 of this section. For an applicant, this certification may state that the
					 appropriate assurance will be obtained after the application has been approved
					 and the license issued but prior to the receipt of licensed material.
Table F.2
Type of Radioactive Material
Exceeding
Assurance Amount
Special Nuclear
Greater than 104 but
								  less than or equal to 105 times the applicable
								  quantities
*
$1,125,000
Greater than 103 but
								  less than or equal to 104 times the applicable
								  quantities
*
$225,000
Source Material
Greater than 10 mCi but less than or equal to 100
								  mCi in a readily dispersible form
$225,000
Radioactive Material
Greater than 104 but
								  less than or equal to 105 times the applicable
								  quantities in unsealed form*
$1,125,000
Greater than 103 but
								  less than or equal to 104 times the applicable
								  quantities in unsealed form*
$225,000
Greater than 1010
								  times the applicable quantities in sealed sources
$113,000
*As indicated in Part C, App. E
(3) Each applicant for a specific
					 license authorizing the possession and use of more than 100 mCi of source
					 material in a readily dispersible form shall submit a decommissioning funding
					 plan as described in C.8.F(5).
(4)
					 Each applicant for a specific license authorizing possession and use of
					 quantities of source material greater than 10 mCi but less than or equal to 100
					 mCi in a readily dispersible form shall either-
(a) Submit a decommissioning funding plan as
					 described in paragraph C.8.F(5) of this section; or
(b) Submit a certification that financial
					 assurance for decommissioning has been provided in the amount of $225,000 by
					 June 2, 2005 using one of the methods described in C.8.F(7). For an applicant,
					 this certification may state that the appropriate assurance will be obtained
					 after the application has been approved and the license issued but before the
					 receipt of licensed material. If the applicant defers execution of the
					 financial instrument until after the license has been issued, a signed original
					 of the financial instrument obtained to satisfy the requirements of C.8.F must
					 be submitted to the Agency prior to receipt of licensed material. If the
					 applicant does not defer execution of the financial instrument, the applicant
					 shall submit to the Agency, as part of the certification, a signed original of
					 the financial instrument obtained to satisfy the requirements of
					 C.8.F(7).
(5) Each
					 decommissioning funding plan must be submitted for review and approval and must
					 contain:
(a) A detailed cost estimate for
					 decommissioning, in an amount reflecting:
i.
					 The cost of an independent contractor to perform all decommissioning
					 activities;
ii. The cost of meeting
					 the D.1402 criteria for unrestricted use, provided that, if the applicant or
					 licensee can demonstrate its ability to meet the provisions of D.1403, the cost
					 estimate may be based on meeting the D.1403 criteria;
iii. The volume of onsite subsurface material
					 containing residual radioactivity that will require remediation to meet the
					 criteria for license termination; and
iv. An adequate contingency factor.
(b) Identification of and
					 justification for using the key assumptions contained in the DCE;
(c) A description of the method of assuring
					 funds for decommissioning from paragraph (f) of this section, including means
					 for adjusting cost estimates and associated funding levels periodically over
					 the life of the facility;
(d) A
					 certification by the licensee that financial assurance for decommissioning has
					 been provided in the amount of the cost estimate for decommissioning; and
(e) A signed original of the
					 financial instrument obtained to satisfy the requirements of C.8.F(7) (unless a
					 previously submitted and accepted financial instrument continues to cover the
					 cost estimate for decommissioning).
(6) At the time of license renewal and at
					 intervals not to exceed 3 years, the decommissioning funding plan must be
					 resubmitted with adjustments as necessary to account for changes in costs and
					 the extent of contamination. If the amount of financial assurance will be
					 adjusted downward, this cannot be done until the updated decommissioning
					 funding plan is approved. The decommissioning funding plan must update the
					 information submitted with the original or prior approved plan, and must
					 specifically consider the effect of the following events on decommissioning
					 costs:
(a) Spills of radioactive material
					 producing additional residual radioactivity in onsite subsurface
					 material;
(b) Waste inventory
					 increasing above the amount previously estimated;
(c) Waste disposal costs increasing above the
					 amount previously estimated;
(d)
					 Facility modifications;
(e) Changes
					 in authorized possession limits;
(f) Actual remediation costs that exceed the
					 previous cost estimate;
(g) Onsite
					 disposal; and
(h) Use of a settling
					 pond.
(7) Financial
					 assurance must be provided by one or more of the following methods:
(a) Prepayment. Prepayment is the deposit
					 prior to the start of operation into an account segregated from licensee assets
					 and outside the licensee's administrative control of cash or liquid assets that
					 will retain their value over the projected operating life of the facility and
					 that are in an amount such that the principal plus accumulated earnings would
					 be sufficient to pay the necessary costs. Prepayment may be in the form of a
					 trust, escrow account, government fund, certificate of deposit, or deposit of
					 government securities.
(b) A surety
					 method insurance or other guarantee method. These methods guarantee that
					 decommissioning costs will be paid. A surety method may be in the form of a
					 surety bond, letter of credit, or line of credit. A parent company guarantee of
					 funds for decommissioning costs based on a financial test may be used if the
					 guarantee and test are contained in Appendix C of this Part. A parent company
					 guarantee may not be used in combination with other financial methods to
					 satisfy the requirements of this section. A guarantee of funds by the applicant
					 or licensee for decommissioning costs based on a financial test are as
					 contained in Appendix D of this Part. A guarantee by the applicant or licensee
					 may not be used in combination with any other financial methods to satisfy the
					 requirements of this section or in any other situation where the applicant or
					 licensee has a parent company holding majority control of the voting stock of
					 the company. Any surety method or insurance used to provide financial assurance
					 must contain the following conditions:
(i) The
					 surety or insurance must be open-ended or, if written for a specified term,
					 such as five years, must be renewed automatically unless 90 days or more prior
					 to the renewal date, the issuer notifies the Agency, the beneficiary, and the
					 licensee of its intention not to renew. The surety or insurance must also
					 provide that the beneficiary may automatically collect prior to the expiration
					 without proof of forfeiture if the licensee fails to provide a replacement
					 acceptable to the Agency within 30 days after receipt of notification of
					 cancellation.
(ii) The beneficiary
					 of the surety or insurance must be a trustee acceptable to the Agency such as
					 an appropriate State or federal government agency or a major financial
					 organization.
(iii) The surety or
					 insurance must remain in effect until the Agency has terminated the
					 license.
(c) An external
					 sinking fund in which deposits are made at least annually, coupled with a
					 surety method or insurance, the value of which may decrease by the amount being
					 accumulated in the sinking fund. An external sinking fund is a fund established
					 and maintained by the periodic deposit of a prescribed amount into an account
					 segregated from licensee assets and outside the licensee's administrative
					 control in which the total amount of the periodic deposits plus accumulated
					 earnings would be sufficient to pay the necessary costs at the time termination
					 of operation is expected. An external sinking fund may be in the form of a
					 trust, escrow account, government fund, certificate of deposit, or deposit of
					 government securities.
(d) In the
					 case of State, or local government licensees, a certification that the
					 appropriate government entity will be guarantor of funds.
(e) Other funding methods, which are
					 demonstrated by the applicant or licensee to provide comparable assurance to
					 methods, listed in paragraphs (7)(a) through (c) of this section.
(f) Each person licensed under this Part
					 shall keep records of information important to the safe and effective
					 decommissioning of the facility in an identified location until the license is
					 terminated by the Agency. Before licensed activities are transferred or
					 assigned in accordance with this Part, licensees shall transfer all records
					 described in this paragraph to the new licensee. If records of relevant
					 information are kept for other purposes, reference to these records and their
					 locations may be used. Information the Agency considers important to
					 decommissioning consists of:
(i) Records of
					 spills or other unusual occurrences involving the spread of contamination in
					 and around the facility, equipment, or site. These records may be limited to
					 instances when contamination remains after any cleanup procedures or when there
					 is reasonable likelihood that contaminants may have spread to inaccessible
					 areas as in the case of possible seepage into porous materials such as
					 concrete.
These records must include any known information on
						identification of involved nuclides, quantities, forms, and
						concentrations.
(ii)
					 As-built drawings and modifications of structures and equipment in restricted
					 areas where radioactive materials are used and/or stored, and of locations of
					 possible inaccessible contamination such as buried pipes, which may be subject
					 to contamination. If required drawings are referenced, each relevant document
					 need not be indexed individually. If drawings are not available, the licensee
					 shall substitute appropriate records of available information concerning these
					 areas and locations.
(iii) Except
					 for areas containing only sealed sources (provided the sources have not leaked
					 or no contamination remains after any leak) or radioactive materials having
					 only half-lives of less than 65 days, a list contained in a single document and
					 updated every two years, of the following:
(a)
					 All areas designated and formerly designated restricted areas as defined in
					 A.2;
(b) All areas outside of
					 restricted areas that require documentation under C.8.F(7)(f)(i);
(c) All areas outside of restricted areas
					 where current and previous wastes have been buried as documented under D.2108;
					 and
(d) All areas outside of
					 restricted areas that contain material such that, if the license expired, the
					 licensee would be required to either decontaminate the area to meet the
					 criteria for decommissioning in Part D or apply for approval for disposal under
					 D.2002.
(iv) Records of
					 the cost estimate performed for the decommissioning funding plan or of the
					 amount certified for decommissioning, and records of the funding method used
					 for assuring funds if either a funding plan or certification is used.