N.M. Admin. Code § 20.3.3.309

Current through Register Vol. 35, No. 21, November 5, 2024

Section 20.3.3.309 - REQUIREMENTS FOR EMERGENCY RESPONSE PLANS FOR CERTAIN LICENSEES

A. Each application to possess radioactive materials in unsealed forms, on foils or plated sources, or sealed in glass in excess of the quantities in 20.3.3.333 NMAC (Schedule E - Quantities of Radioactive Materials Requiring Consideration of the Need for an Emergency Plan for Responding to a Release), must contain either:

(1) an evaluation showing that the maximum dose to a person offsite due to a release of radioactive materials would not exceed 1 rem effective dose equivalent or 5 rems (50 millisieverts) 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 Paragraph (1) of Subsection A of this section:

(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 20.3.3.333 NMAC of this part 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 20.3.3.333 NMAC;

(6) other factors appropriate for the specific facility; or

(7) operating restrictions or procedures would prevent a release fraction as large as that shown in 20.3.3.333 NMAC.

C. An emergency plan for responding to a release of radioactive material submitted under Paragraph (2) of Subsection A of this section must include the following information.

(1) Facility description: a brief description of the licensee's facility and area near the site.

(2) Types of accidents: an identification of each type of radioactive materials accident for which protective actions may be needed.

(3) Classification of accidents: a system for classifying each accident as "alert" or "site area emergencies".

(4) Detection of accidents: identification of the means of detecting each type of accident in a timely manner.

(5) Mitigation of consequences: a brief description of the means and equipment for mitigating the consequences of each type of accident, including those provided to protect workers onsite, and a description of the program for maintaining the equipment.

(6) Assessment of releases: a brief description of the methods and equipment to assess releases of radioactive materials.

(7) Responsibilities: a brief description of the responsibilities of licensee personnel should an accident occur, including identification of personnel responsible for promptly notifying offsite response organizations and the secretary; also responsibilities for developing, maintaining, and updating the plan.

(8) Notification and coordination: a commitment to and a brief description of the means to promptly notify offsite response organizations and request offsite 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, and some equipment will not prevent the notification and coordination. The licensee shall also commit to notify the secretary immediately and ensure notification of other appropriate offsite response organizations "and not later than one hour after the licensee declares an emergency".

(9) Information to be communicated: a brief description of the types of information regarding facility status, radioactive releases and, if necessary, recommended protective actions.

(10) Training: 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.

(11) Safe shutdown: a brief description of the means of restoring the facility to a safe condition after an accident.

(12) Exercises: provisions for conducting quarterly communications checks with offsite response organizations and biennial onsite exercises to test response to simulated emergencies. Quarterly communications checks with offsite response organizations must include the check and update of all necessary telephone numbers. The licensee shall invite offsite response organizations to participate in the biennial exercises. Participation of offsite 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 and training of personnel and overall effectiveness of the response. Deficiencies found by the critiques must be corrected.

(13) Hazardous chemicals: a certification that the applicant has met its responsibilities under the Emergency Planning and Community Right-to-Know Act (title III, pub. l. 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 offsite response organizations expected to respond in case of an accident 60 days to comment on the licensee's emergency plan before submitting it in final form to the department. The licensee shall provide any comments received within the 60 days to the department with the emergency plan.

N.M. Admin. Code § 20.3.3.309

20.3.3.309 NMAC - Rp, 20.3.3.309 NMAC, 4/30/2009