SECTION 252:410-7-3. General application requirements

(a)   Procedures and fees.

(1)   Forms. Applicants shall use DEQ application forms or formats.

(2)   Filing. All applications must be filed with DEQ Radiation Management, be legible and provide at a minimum all applicable information requested by the form or format.

(3)   Fees. All application fees are due at the time of filing.

(4)   Late fees.

(A)   Any fee with a due date will be processed without penalty if the applicable fee is paid within thirty (30) days of the original due date.

(B)   If the applicable fee is paid thirty-one (31) or more days after the original due date, a penalty fee of five percent (5%) of the original fee per month late will be charged. Such fee will not exceed the amount of the renewal fee.

(C)   If the original fee was Ten Thousand dollars ($10,000) or more, the penalty fee will be one and one-half percent (1.5%) of the outstanding balance per month.

(5)   Annual fee adjustment. To assist in meeting rising costs to the DEQ of the environmental services and regulatory programs associated with licensing radioactive materials usage, the fees set out in OAC 252:410 including but not limited to application fees, annual fees, certification fees, registration fees and full cost fees shall be automatically adjusted on July 1st every year to correspond to the percentage, if any, by which the Consumer Price Index (CPI) for the most recent calendar year exceeds the CPI for the previous calendar year. The DEQ may round the adjusted fees up to the nearest dollar. The DEQ may waive collection of an automatic increase in a given year if it determines other revenues, including appropriated state general revenue funds, have increased sufficiently to make the funds generated by the automatic adjustment unnecessary in that year. A waiver does not affect future automatic adjustments.

(A)   Any automatic fee adjustment under this subsection may be averted or eliminated, or the adjustment percentage may be modified, by rule promulgated pursuant to the Oklahoma Administrative Procedures Act. The rulemaking process may be initiated in any manner provided by law, including a petition for rulemaking pursuant to 75 O.S. § 305 and OAC 252:4-5-3 by any person affected by the automatic fee adjustment.

(B)   If the United States Department of Labor ceases to publish the CPI or revises the methodology or base years, no further automatic fee adjustments shall occur until a new automatic fee adjustment rule is promulgated pursuant to the Oklahoma Administrative Procedures Act.

(C)   For purposes of this subsection, "Consumer Price Index" or "CPI" means the Consumer Price Index - All Urban Consumers (U.S. All Items, Current Series, 1982-1984=100, CUUR0000SA0) published by the United States Department of Labor. The CPI for a calendar year is the figure denoted by the Department of Labor as the "Annual" index figure for that calendar year.

(D)   The additional fees described in OAC 252:410-10-118(3) shall be excluded from the annual fee adjustments described in this subsection.

(b)   Content. Applicants shall comply with the Subchapter(s) applicable to the type of authorization for specific content requirements.

(c)   Certifications.

(1)   Certification of application. Each application must include a statement signed by the applicant certifying that "The application was prepared under the applicant's direction or supervision and the information it contains is, to the best of his knowledge and belief, true, accurate and complete."

(2)   Certification of qualifications of personnel. Except for applications for industrial radiographer certification, each application must include a statement signed by the applicant certifying that:

(A)   "Each individual performing or supervising the applicant's radiation management activities under this authorization will be adequately trained in radiation safety and will comply with all applicable requirements of the Oklahoma Radiation Management Rules, OAC 252:410", and

(B)   "The individual designated in the application as the radiation safety officer is qualified by training and experience to be responsible for the applicant's radiation management activities and has the authority to terminate any of the applicant's radiation operations if such action is deemed necessary to minimize harm to health, safety, property and/or the environment."

(d)   Classification of amendments of plans, permits and licenses. Applications for amendments to existing radiation management authorizations for which DEQ approval is required shall be classified as minor or major by the DEQ according to the following criteria. When an applicant requests multiple types of amendments, the highest tier classification of 252:4-7-55, 56 or 57 shall apply.

(1)   Minor amendment. Minor amendment of a plan, permit or license means any change that is determined by DEQ to afford similar or decreased risk to or no added impact on health, safety and/or the environment. Examples include amendments that are not specified as major amendments and:

(A)   Are informational and clerical in nature;

(B)   Decrease authorized quantities, concentration levels, and/or forms of radioactive materials;

(C)   Substitute an authorized procedure, method or activity with one that has a more beneficial impact on health or safety or the environment;

(D)   Increase on-site monitoring or recordkeeping, reporting or training activities; or

(E)   Provide for alternate or additional personnel monitoring within acceptable requirements of 10 CFR 20.

(2)   Major amendment. Major amendments of a plan, permit or license means any change which DEQ determines in writing has the potential of an increased adverse impact on health, safety and/or the environment, or which involves methods or procedures for which no specific limits and standards are specified in Chapter 410. Examples include amendments that:

(A)   Increase quantities or concentration levels beyond the limits set by the authorization;

(B)   Add one or more forms or isotopes of radioactive material to those previously authorized;

(C)   Add one or more sources of radiation for therapeutic use;

(D)   Authorize a disposal procedure under the procedures of 10 CFR 20.2002;

(E)   Substitute alternative method(s) for monitoring on-site releases of radioactive material at a site or facility or a method which changes off-site monitoring.

[Source: Added at 17 Ok Reg 1136, eff 6-1-00; Amended at 22 Ok Reg 1462, eff 6-15-05; Amended at 28 Ok Reg 1224, eff 7-1-11]