(a) A new or renewal application for each specific license to possess radioactive materials in unsealed form, on foils or plated sources, or sealed in glass in excess of the quantities in subsection (e) of this section shall contain either:
  (1) an evaluation showing that the maximum dose to a person off-site due to a release of radioactive material would not exceed 1 rem effective dose equivalent or 5 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 in accordance with subsection (a)(1) 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 in subsection (e) of this section 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 that in subsection (e) of this section;
  (6) operating restrictions or procedures would prevent a release fraction as large as that in subsection (e) of this section; or
  (7) other factors appropriate for the specific facility.
(c) An emergency plan for responding to a release of radioactive material submitted in accordance with subsection (a)(1) of this section shall 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 classification system for classifying accidents as alerts 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 off-site response organizations and the agency; 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 off-site response organizations and request off-site assistance, including medical assistance for the treatment of contaminated injured onsite workers when appropriate. A control point shall be established. 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. The licensee shall also commit to notify the agency immediately after notification of the appropriate off-site response organizations and not later than one hour after the licensee declares an emergency. These reporting requirements do not supersede or release licensees from complying with the requirements in accordance with the Emergency Planning and Community Right-to-Know-Act of 1986, Title III, Publication L. 99-499 or other state or federal reporting requirements.
  (9) Information to be communicated. A 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) 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 off-site response organizations at intervals not to exceed three months and biennial onsite exercises to test response to simulated emergencies. Communications checks with off-site response organizations shall include the check and update of all necessary telephone numbers. The licensee shall invite off-site response organizations to participate in the biennial exercises. Participation of off-site response organizations in biennial exercises, although recommended, is not required. Exercises shall 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 shall evaluate the appropriateness of the plan, emergency procedures, facilities, equipment, training of personnel, and overall effectiveness of the response. Deficiencies found by the critiques shall be corrected.
  (13) Hazardous chemicals. A certification that the applicant has met its responsibilities in accordance with the Emergency Planning and Community Right-to-Know Act of 1986, Title III, Publication 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 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 days to the agency with the emergency plan.
(e) The following indicates release fractions for radioactive material.
Attached Graphic

Source Note: The provisions of this §336.210 adopted to be effective March 12, 2009, 34 TexReg 1688; amended to be effective February 2, 2012, 37 TexReg 335