Section 330.250 General Requirements for the Issuance of Specific Licenses

Section 330

Section 330.250  General

Requirements for the Issuance of Specific Licenses

a)         A license application or a request for an amendment to an

existing license will be approved only if the Agency determines that:

1)         The applicant's Radiation Safety Officer and authorized users

are qualified by reason of training and experience to use the material in

question for the purpose requested in such a manner as to minimize danger to

health and safety or property;

2)         The applicant's proposed equipment, facilities and procedures

are adequate to minimize danger to health and safety or property;

3)         The issuance of the license will not be inimical to the health

and safety of the public; and

4)         The applicant satisfies any applicable special requirements in

32 Ill. Adm. Code:  Chapter II, Subchapters b and d.

b)         Environmental Report, Commencement of Construction

1)         In the case of an application for a license to receive and

possess radioactive material for commercial waste disposal by land burial, or

for the conduct of any other activity the Agency determines will significantly

affect the quality of the environment, a license application shall be reviewed

and approved by the Agency before commencement of construction of the plant or

facility in which the activity will be conducted.  If the Agency, after

considering the environmental, economic, technical and other benefits in

comparison with the environmental costs and available alternatives, concludes

that the action called for is the issuance of the proposed license, with any

appropriate conditions to protect environmental values, it shall issue the

license;

2)         Commencement of construction prior to the Agency reaching the conclusion

required by subsection (b)(1) shall be grounds for denial of a license to

receive and possess radioactive material in the plant or facility.  As used in

this subsection (b), "commencement of construction" is defined in 32

Ill. Adm. Code 310.20

itions to protect environmental values, it shall issue the

license;

2)         Commencement of construction prior to the Agency reaching the conclusion

required by subsection (b)(1) shall be grounds for denial of a license to

receive and possess radioactive material in the plant or facility.  As used in

this subsection (b), "commencement of construction" is defined in 32

Ill. Adm. Code 310.20.

c)         Licensees must satisfy applicable financial assurance

requirements specified in 32 Ill. Adm. Code 326.

d)         Long-Term Care Requirements

1)         A license application will be approved only if the Agency

determines that a long-term care fund for monitoring and maintenance has been

established by the waste handling applicant prior to the issuance of the

license; or

2)         The waste handling applicants may choose, at the time of the

licensure, to provide a financial surety arrangement in lieu of a long-term

care fund.

AGENCY NOTE:

Long-term care funding may also be required for former U.S. Atomic Energy

Commission or U.S. Nuclear Regulatory Commission licensed facilities, or

persons whose activities cause situations that significantly affect health and

safety, or the environment by reason of exposure to radiation or radioactive

materials.

e)         Emergency Plan

1)         Except as exempted by subsection (e)(2), each application to

possess radioactive materials in excess of the quantities in Appendix C in

unsealed form or sealed in glass or on foils or plated sources shall contain

either:

A)        An evaluation showing that the maximum dose to an individual

offsite due to a release of radioactive materials would not exceed 10 mSv (1

rem) total effective dose equivalent or 50 mSv (5 rem) effective dose

equivalent to the thyroid; or

B)        An emergency plan, as described in Section 330.290, for

responding to a release of radioactive material

ted sources shall contain

either:

A)        An evaluation showing that the maximum dose to an individual

offsite due to a release of radioactive materials would not exceed 10 mSv (1

rem) total effective dose equivalent or 50 mSv (5 rem) effective dose

equivalent to the thyroid; or

B)        An emergency plan, as described in Section 330.290, for

responding to a release of radioactive material.

2)         The requirements of this subsection (e) do not apply to

licensees that possess only radioactive waste packaged in Type B containers.

3)         In evaluating the maximum dose to an individual pursuant to subsection

(e)(1)(A), the applicant may take into account whether:

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 due to the method of storage or packaging;

C)        The release fraction in the respirable size range is predicted

to be lower than the release fraction shown in Appendix C due to the chemical

or physical form of the material;

D)        The solubility of the radioactive material is predicted to

reduce the dose received;

E)        Facility design or engineered safety features in the facility

are predicted to cause the release fraction to be lower than shown in Appendix

C; or

F)         Operating restrictions or procedures are predicted to prevent

a release fraction as large or larger than that shown in Appendix C.