General Requirements for the Issuance of Specific Licenses

(A) A license application will be approved only if the Agency determines that: (1) the applicant is qualified by reason of training and experience to use the material in question for the purpose requested in accordance with 105 CMR 120.000 in such a manner as to minimize danger to public health and safety or property; (2) the applicant's proposed equipment, facilities, and procedures are adequate to minimize danger to public 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 105 CMR 120.050 through 120.080, 120.126, 120.127, 120.128, 120.300, 120.500, 120.620 120.800, 120.890 and 120.900. (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, or for the conduct of any other activity which 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. Issuance of the license shall be based upon a consideration by the Agency of the environmental, economic, technical and other benefits in comparison with the environmental costs and available alternatives and a determination that the action called for is the issuance of the proposed license, with any appropriate conditions to protect environmental values; (2) 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. (C) Financial Surety Arrangements and Recordkeeping for Decommissioning. (1) Unless exempted by 105 CMR 120.125(C)(3), issuance, renewal or amendment of a license shall be dependent upon satisfactory financial surety arrangements to ensure the protection of the public health and safety in the event of abandonment, default or other inability of the licensee to meet the requirements of M.G.L. c. 111H, § 9 and 105 CMR 120.000. (2) Each applicant for a specific license authorizing the possession and use of unsealed radioactive material with a half-life greater than 120 days and in quantities exceeding 105 times the applicable quantities set forth in 105 CMR 120.196: Appendix B, Table II shall submit a decommissioning funding plan as described in 105 CMR 120.125(C)(6). The decommissioning funding plan must also be submitted when a combination of isotopes is involved if R divided by 10 is greater than 1 (unity rule), where R is defined as the sum of the ratios of the quantity of each isotope to the applicable value in 105 CMR 120.196: Appendix B, Table II. (3) Each applicant for a specific license authorizing possession and use of radioactive material of half-life greater than 120 days and in quantities specified in 105 CMR 120.125(C)(5) shall either: (a) submit a decommissioning funding plan as described in 105 CMR 120.125(C)(6); or (b) submit a certification that financial assurance for decommissioning has been provided in the amount prescribed by 105 CMR 120.125(C)(5) using one of the methods described in 105 120.125(C)(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 prior to the receipt of licensed material. As part of the certification, a copy of the financial instrument obtained to satisfy the requirements of 105 CMR 120.125(C)(7) is to be submitted to the Agency. (4) (a) Each holder of a specific license issued on or after March 11, 1994, which is of a type described in 105 CMR 120.125(C)(2) or (3), shall provide financial assurance for decommissioning in accordance with the criteria set forth in 105 CMR 120.125(C)(1) through (8). (b) Each holder of a specific license issued before March 11, 1994, and of a type described in 105 CMR 120.125(C)(2) shall submit, on or before March 11, 1995, a decommissioning funding plan or a certification of financial assurance for decommissioning in an amount at least equal to $1,125,000, in accordance with the criteria set forth in this part. If the licensee submits the certification of financial assurance rather than a decommissioning funding plan at this time, the licensee shall include a decommissioning funding plan in any application for license renewal. (c) Each holder of a specific license issued before March 11, 1994, and of a type described in 105 CMR 120.125(C)(3) shall submit, on or before March 11, 1995, a certification of financial assurance for decommissioning or a decommissioning funding plan in accordance with the criteria set forth in 105 CMR 120.125(C)(1) through (8). (d) Waste collectors and waste processors, as defined in 10 CFR part 20, Appendix G must establish an Agency-approved decommissioning funding plan to assure the availability of funds for decommissioning activities conducted over the life of the licensed facility. The decommissioning funding plan must include the cost of disposal of the maximum radioactivity (curies) of radioactive material permitted by the license, and the cost of disposal of the maximum quantity, by volume, of radioactive material that could be present at the licensee’s facility at any time, in addition to the cost to remediate the licensee’s site to meet the license termination criteria of 105 CMR 120.200. The decommissioning funding plan must be submitted by April 6, 2007. (e) If, in surveys made under 105 CMR 120.225(A), residual radioactivity in the facility and environment, including the subsurface, is detected at levels that would, if left uncorrected, prevent the site from meeting the 105 CMR 120.245 criteria for unrestricted use, the licensee must submit a decommissioning funding plan within one year of when the survey is completed. (5) Table of Required Amounts of Financial Assurance for Decommissioning by Quantity of Material: -1 Greater than 10 but less than or equal to 10 times the applicable quantities in 105 CMR 120.196: Appendix B, Table II in unsealed form. (For a combination of isotopes, if R, as defined in 105 CMR 120.125(C)(2), divided by 10 is greater than 1 but R divided by 10 is less than or equal to 1.) $1,125,000 -2a Greater than 10 but less than or equal to 10 times the applicable quantities in 105 CMR 120.196: Appendix B, Table II in unsealed form. (For a combination of isotopes, if R, as defined in 105 CMR 120.125(C)(2), divided by 10 is greater than 1 but R divided by 10 is less than or equal to 1.) $225,000 -2b Greater than 10 mCi but less than 100 mCi of source material $225,000 -3 Greater than 10 times the applicable quantities in 105 CMR