216 R.I. Code R. § 216-RICR-40-20-15.5 - Radioactive Materials Fees

15.5.1 Application Fee

Each initial application for a license in a category for which a fee has been established in the Department fee schedule shall be accompanied by a non-refundable fee in the amount of the Annual Fee specified for that license category. A license application shall not be considered prior to payment of the full amount specified. License applications for which no fee is received shall be returned to the applicant.

15.5.2 Annual Fees

A. Assessment of Fees: The Agency shall issue an annual fee invoice to each licensee, based on the applicable annual fee established in the Department fee schedule. Fees shall be payable within thirty (30) days after receipt of a fee invoice.

B. Eligibility for Waiver of Annual Fee: Any broad-scope (academic or medical) licensee, or any licensee which is a governmental agency of the State of Rhode Island, that provides in-kind services to the Agency and/or performs services pursuant to an accepted written agreement with the Agency, and which are valued at an amount equal to or greater than their annual license fee, may submit a written request for a waiver from payment of the annual license fee. Upon approval by the Agency, this waiver shall only remain in effect for that annual licensing period. A new waiver request must be submitted for each subsequent annual licensing period.

1. For the purposes of this Part, "governmental agency" shall be construed to include any department, office, commission or similar public entity established by Executive Order or pursuant to the Rhode Island General Laws.

C. Revocation of Annual Fee Waiver: Upon written notice of noncompliance to the licensee, the Agency may revoke any waiver, approved pursuant to §15.5.2(B) of this Part, for failure to provide or perform all services pursuant to the accepted written agreement. The Agency may also invoice the licensee for any difference between the originally waived annual fee and the value of services already performed during that annual licensing period.

15.5.3 Amendment Fees

A. Assessment of Fees: A licensee shall notify the Agency prior to submitting an amendment so that the appropriate amendment fee can be determined. Amendment fees are established in the Department fee schedule and shall be assessed in accordance with written criteria established by the Agency. The written criteria shall be based on the Agency's estimate of the typical time and effort required to complete action on that general category of amendment request.

B. Nonstandard Amendment Fees: A nonstandard amendment request which is not addressed by the Agency's written criteria shall be assessed an amendment fee which most closely approximates the time and effort necessary to complete action on the amendment request, as determined by the Agency.

C. Submission of Amendment Fees: The appropriate amendment fee shall accompany the amendment request when it is submitted to the Agency. If the time and effort required to complete Agency action on the amendment request is significantly different than the basis for assessing the amendment fee, the Agency shall refund any overcharges or bill the licensee for an additional amendment fee up to a total maximum fee established in the Department fee schedule.

15.5.4 Reciprocity Fees

A. Each annual application to operate in Rhode Island under reciprocity shall be accompanied by a non-refundable fee equal to the amount established in the Department fee schedule for the specified category of activity. There will be no pro-rating of reciprocity fees.

1. Category 1: Activities equivalent to those authorized by Categories 3D, 3K (broad-scope only) or 4B in §15.5.7 of this Part.

2. Category 2: Activities equivalent to those authorized by Categories 1B, 2C, 3I, 3K (other than broad-scope), 4C or 5A in §15.5.7 of this Part.

3. Category 3: Activities equivalent to those authorized by Categories 1A, 3L or 8A in §15.5.7 of this Part.

4. Any activity which is not specifically identified in §§15.5.4(A)(1), (2) or (3) of this Part shall be assessed a fee which coincides with the appropriate Category, as determined by the Agency.

B. Notwithstanding the provisions of §15.5.4(A) of this Part, a reciprocity application based on a radioactive materials license which authorizes activities comparable to §15.5.7 of this Part - Category 3I, but which only requests authorization to perform "electronic checks" or other activities which do not involve disassembly of shielding or actual manipulation of sealed sources, shall be accompanied by a non-refundable fee established in the Department fee schedule.

C. A reciprocity application shall not be considered prior to payment of the full amount specified. Reciprocity applications for which no remittance is received shall be returned to the applicant.

D. No additional reciprocity fees shall be required for the same category of activity during the remainder of that calendar year. All reciprocity authorizations shall expire on December 31 of the year in which the application was submitted. Any additional reciprocity activity beyond December 31 of that year shall require a renewal application.

15.5.5 Registration of General Licenses Pursuant to §7.7.1 [GEN-4]

A. Each initial application for registration of a generally licensed device pursuant to §7.7.1 of this Subchapter [GEN-4] shall be accompanied by a fee established in the Department fee schedule for each address or location of use and/or storage, as defined in §7.7.1 of this Subchapter. There will be no pro-rating of registration fees.

B. No additional fees shall be required for:

1. Registration of additional generally licensed devices at the same address or location of use and/or storage.

2. Annual renewal of registrations pursuant to §7.7.1 of this Subchapter.

C. All registrations issued pursuant to §7.7.1 of this Subchapter [GEN-4] shall expire on December 31 of the year for which the registration information was submitted.

15.5.6 Non-Routine Inspection Fees

A non-routine inspection is only conducted in response to a significant regulatory event including, but not limited to, a reportable incident or overexposure, loss of radioactive material or unresolved non-compliance with license conditions or regulatory requirements. The Agency shall issue a non-routine inspection fee invoice to each licensee whenever the Agency conducts an inspection of the licensee's activities at an interval more frequent than currently established for that category of licensee. The fee shall be based on fifty percent (50%) of the applicable annual fee established in the Department fee schedule. Fees shall be payable within thirty (30) days after receipt of a fee invoice.

15.5.7 Radioactive Materials License Categories

A. Category 1 - Special Nuclear Material

1. Category 1A: Licenses for possession and use of special nuclear material of less than a critical mass, as defined in 10 C.F.R. § 70.4, in sealed sources contained in devices used in industrial measuring systems including X-ray fluorescence analyzers. Licenses that cover both radioactive and special nuclear material in sealed sources for use in gauging devices will only be subject to the fee for Category 3l.

2. Category 1B - All other licenses for possession and use of special nuclear material in unsealed form and in quantities not sufficient to form a critical mass.

B. Category 2 - Source Material

1. Category 2A - Licenses for possession and use of source material in recovery operations such as milling, in-situ leaching, heap leaching, refining uranium mill concentrates to uranium hexafluoride, ore buying stations, ion exchange facilities, and in processing of ores containing source material for extraction of metals other than uranium or thorium, including licenses authorizing the possession of radioactive waste material (tailings) from source material recovery operations, as well as licenses authorizing the possession and maintenance of a facility in a standby mode.

2. Category 2B - Licenses for possession and use of source material for shielding. Licensees paying fees under Category 3B or 7B are not subject to fees under Category 2B for possession and shielding authorized on the same license.

3. Category 2C - All other source material licenses.

C. Category 3 - Radioactive Material Other Than Source Material and Special Nuclear Material

1. Category 3A

a. Licenses of broad scope for possession and use of radioactive material for processing or manufacturing of items containing radioactive material for commercial distribution.

b. Other (limited) licenses for possession and use of radioactive material for processing or manufacturing of items containing radioactive material for commercial distribution.

2. Category 3B

a. Licenses authorizing the processing or manufacturing and distribution or redistribution of radiopharmaceuticals, generators, reagent kits and/or sources and devices containing radioactive material.

b. Licenses and approvals authorizing the distribution or redistribution of radiopharmaceuticals, generators, reagent kits and/or sources and devices not involving processing of radioactive material.

3. Category 3C - This license category is not currently utilized in Rhode Island.

4. Category 3D - Licenses for possession and use of radioactive material for industrial radiography operations.

5. Category 3E - Licenses for possession and use of radioactive material in sealed sources for irradiation of materials in which the source is not removed from its shield (self-shielded units).

6. Category 3F

a. Licenses for possession and use of less than ten thousand (10,000) curies of radioactive material in sealed sources for irradiation of materials where the source is exposed for irradiation purposes.

b. Licenses for possession and use of ten thousand (10,000) curies or more of radioactive material in sealed sources for irradiation of materials where the source is exposed for irradiation purposes.

7. Category 3G

a. Licenses to distribute items containing radioactive material that require sealed source and/or device review to persons generally licensed, except specific licenses authorizing redistribution of items that have been authorized for distribution to generally licensed persons.

b. Licenses to distribute items containing radioactive material that do not require sealed source and/or device review to persons generally licensed, except specific licenses authorizing redistribution of items that have been authorized for distribution to generally licensed persons.

8. Category 3H - This license category is not currently utilized in Rhode Island.

9. Category 3I - Licenses that authorize service for other licensees, except:

a. Licenses that authorize leak testing and/or calibration services only are subject to the fees specified in Category 3L; and

b. Licenses that authorize waste disposal services are subject to fees specified in Categories 4A, 4B and 4C.

10. Category 3J - This license category is not currently utilized in Rhode Island.

11. Category 3K

a. Licenses of broad scope for possession and use of radioactive material for research and development that do not authorize commercial distribution.

b. Other (limited) licenses for possession and use of radioactive material for research and development that do not authorize commercial distribution.

c. Any other use of unsealed radioactive material that does not authorize commercial distribution.

12. Category 3L - All other specific radioactive materials, except those in Categories 4A through 8A. Licenses that cover both radioactive and special nuclear material in sealed sources for use in gauging devices will only be subject to the fee for Category 3L.

D. Category 4 - Waste Disposal

1. Category 4A - Licenses specifically authorizing the receipt of waste radioactive material from other persons for the purpose of commercial disposal by land burial by the licensee; or licenses for treatment or disposal by incineration, packaging of residues resulting from incineration and transfer of packages to another person authorized to dispose of waste material.

2. Category 4B - Licenses specifically authorizing the receipt of waste radioactive material from other persons for the purpose of packaging or repackaging the material. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material.

3. Category 4C - Licenses specifically authorizing the receipt of prepackaged waste radioactive material from other persons. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material.

E. Category 5 - Well Logging

1. Category 5A - Licenses specifically authorizing use of radioactive material for well logging, well surveys and tracer studies other than field flooding tracer studies.

2. Category 5B - Licenses for possession and use of radioactive material for field flooding tracer studies.

F. Category 6 - Nuclear Laundries

Category 6A - Licenses for commercial collection and laundry of items contaminated with radioactive material.

G. Category 7 - Human Use of Radioactive Material

1. Category 7A - Licenses for human use of radioactive material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices.

2. Category 7B - Licenses issued for human use of radioactive material, except radioactive material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices.

3. Category 7C - This license category is not currently utilized in Rhode Island.

4. Category 7D - Licenses of broad scope issued to medical institutions or two (2) or more physicians authorizing research and development, including human use of radioactive material, except radioactive material in sealed sources contained in gamma stereotactic radiosurgery units, teletherapy devices, or similar beam therapy devices.

H. Category 8 - Civil Defense

Category 8A - Licenses for possession and use of radioactive material for civil defense activities.

I. Category 9 - Device, Product or Sealed Source Safety Evaluation

1. Category 9A - This license category is not currently utilized in Rhode Island.

2. Category 9B - This license category is not currently utilized in Rhode Island.

3. Category 9C - This license category is not currently utilized in Rhode Island.

4. Category 9D - This license category is not currently utilized in Rhode Island.

J. Category 10 - Other Licenses and Authorizations

Category 10A - Radioactive materials licenses and other approvals authorizing decommissioning, decontamination, reclamation or site restoration activities in accordance with this Subchapter.

Notes

216 R.I. Code R. § 216-RICR-40-20-15.5

Adopted effective 5/25/2022