PROPOSED RULEMAKING

ENVIRONMENTAL QUALITY BOARD

[25 PA. CODE CH. 218]

Radiological Health Fees

[52 Pa.B. 5500]
[Saturday, August 27, 2022]

 The Environmental Quality Board (Board) proposes to amend Chapter 218 (relating to fees) to update the regulations to read as set forth in Annex A. The proposed amendments to Chapter 218 increase the annual fees for radiation-producing machine and service provider (vendor) registrations, accelerator licenses, and radioactive material licenses, and increases the hourly rate professional fee associated with certain full cost recovery licenses.

 This proposed rulemaking was adopted by the Board at its meeting on June 14, 2022.

A. Effective Date

 This proposed rulemaking will be effective 30 days after publication of the final-form rulemaking in the Pennsylvania Bulletin.

B. Contact Persons

 For further information, contact John Chippo, Chief, Division of Radiation Control, P.O. Box 8469, Rachel Carson State Office Building, Harrisburg, PA 17105-8469, (717) 783-9730; or Richard Marcil, Assistant Counsel, Bureau of Regulatory Counsel, P.O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464, (717) 783-8504. Persons with a disability may use the Pennsylvania Hamilton Relay Service, (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This proposed rulemaking is available on the Department of Environmental Protection's (Department) web site at www.dep.pa.gov (select ''Public Participation,'' then ''Environmental Quality Board'' and then navigate to the Board meeting of June 14, 2022).

C. Statutory Authority

 The proposed amendments to Chapter 218 are authorized under sections 301, 302 and 401 of the Radiation Protection Act (RPA) (35 P.S. §§ 7110.301, 7110.302 and 7110.401) and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

D. Background and Purpose

 The Department's Radiation Protection Program (RPP) was established to carry out the comprehensive program of radiation protection in this Commonwealth as required by the RPA (35 P.S. §§ 7110.101—7110.703). Section 401 of the RPA and section 8 of the Radon Certification Act (63 P.S. § 2008) require that fees be established to cover the Department's RPP costs. Section 302(b) of the RPA (35 P.S. § 7110.302(b)) requires the Board to review the radiation protection fee structure every 3 years.

 On February 15, 2022, the Department presented its Three-Year Regulatory Fee and Program Cost Analysis Report (Report) in accordance with § 218.11(l) (relating to registration, renewal of registration and license fees) and Chapter 240, Appendix A (relating to radon certification fee schedule) to the Board. The Report covered the period of 2018—2021 and analyzed costs for three RPP areas, including Accelerator, Radiation-Producing Machines, and Vendors/Service Providers; Radioactive Materials and Decommissioning; and Radon.

Accelerator, radiation-producing machines, and vendors/service providers analysis

 Through a staff of 71 located in the Department's central and regional offices, the RPP's Radiation Control Division administers the radiation-producing machine registration and inspection program, the Mammography Quality Standards Act program, the particle accelerator licensing and inspection program and the vendor/service provider registration program.

 The Radiation Control Division is responsible for the registration and inspection of over 11,000 facilities possessing about 33,000 X-ray units. These facilities include hospitals, clinics, and medical and dental offices. Users of radiation-producing machines are required to register with the Radiation Control Division, indicate the number and type of units possessed and designate an individual responsible for radiation safety. Users pay registration fees based on the type of facility and the number of X-ray units they have. The fee amounts are listed in § 218.11(a).

 The Federal Mammography Quality Standards Act (MQSA) (42 U.S.C.A. § 263b) was signed into law on October 27, 1992. The MQSA ensures that women and men receive high-quality mammography services for early breast cancer detection through the establishment of a Federal certification and inspection program. The Statute authorizes the United States Food and Drug Administration (USFDA) to obtain state and local assistance in enforcing the MQSA requirements, including annual inspections of all certified mammography facilities. The Department, under a $588,000 reimbursement contract with the USFDA, conducts inspections of each of this Commonwealth's more than 300 facilities which perform mammographic X-ray procedures. This contract is modified most years due to the changing number of facilities. The average amount is $575,000.

 The Department requires licensing of all particle accelerators within this Commonwealth for industrial use, research or medical purposes. A person who intends to purchase, construct or acquire an accelerator shall notify the Department of this intent by filing the appropriate application for a specific license within 30 days after the initial order is issued to obtain any or all parts of the accelerator. Annual fees for licensed particle accelerators are listed in § 218.11(d). About 150 facilities have approximately 250 licensed accelerators within this Commonwealth.

 The Department also administers a registration program for vendors/service providers who sell, lease, install or service, or both, radiation-producing machines. Department regulations require that each vendor/service provider doing business within this Commonwealth must be registered prior to providing these services. To register, each vendor/service provider must complete a registration application and return that application with the associated fee to Bureau of Radiation Protection. The registration is renewable for 12-month periods following submission of the applicable fee as listed in § 218.11(k).

 In analyzing the annual costs and revenue associated with the Accelerator, Radiation-Producing Machines, and Vendors/Service Providers RPP fee category, the Department found that despite substantial increases in personnel and program costs, the Chapter 218 fees, which support the registration of radiation-producing machines and vendors/service providers and the licensing of accelerators, have not been revised since 2009. As a result, the Radiation Protection Fund is decreasing annually in operating reserves, and the fund balance will be negative in Fiscal Year (FY) 2023-2024. Without a fee increase, the Department will be required to curtail spending for needed equipment, infrastructure upgrades, and training and hiring of qualified personnel.

Radioactive materials and decommissioning analysis

 The RPP's Radiation Control Division is also responsible for the regulation, licensing and inspection of radioactive material user operations and, along with the Decommissioning Section of the Decommissioning and Surveillance Division, is responsible for termination of radioactive material licenses (such as for by-product, source and special nuclear material).

 Users of all by-product, source and special nuclear material are required to obtain a license from the Department prior to obtaining those radioactive materials. This material is used in hospitals, colleges and industries for medical, research and industrial purposes. The Department issues specific, general and reciprocity licenses for the use of radioactive material in this Commonwealth. The objective of the licensing program is to ensure radioactive material is used safely, disposed of properly and facilities are free from contamination when licensed operations are terminated. Annual license fees for radioactive material are listed in Chapter 218, Appendix A (relating to fees for radioactive material licenses).

 The Decommissioning Section performs technical reviews of decontamination and decommissioning (D&D) activities for radioactive materials licensees and non-licensed radiologically contaminated sites in accordance with appropriate Commonwealth regulations. Typical reviews include site characterization plans, health and safety plans, decommissioning plans, survey reports, and the evaluation of decommissioning funding plans and financial assurance mechanisms. The Decommissioning Section also performs onsite reviews and inspections of D&D activities for occupational, public and environmental radiation protection concerns. These activities include performing confirmatory surveys and sampling to ensure the cleanup levels established for the site have been met. The Decommissioning Section would also perform independent oversight and sampling at decommissioning nuclear power plant sites (for example, Three Mile Island Unit 2). This work is performed at full cost recovery.

 Fee collections for radioactive material licensing have been trending down since the National economic recession of 2008. Universities and industries that use radioactive material have been consolidating or finding other operational methods that do not require a license. Many licensees have opted to be licensed under a small business fee category at a lower cost, which is specified in Chapter 218, Appendix A. During this same time, actual RPP personnel costs (salaries and benefits) have increased approximately 14% since the last fee increase for this fee area took effect in 2018.

 The Department's fiscal analysis showed that with existing reserve funds and current fees, the fund balance will be negative in FY 2024-2025 for the Radioactive Materials and Decommissioning area.

Radon analysis

 This Commonwealth has some of the highest indoor air radon levels in the country, and perhaps the world. According to the National Academy of Sciences and the United States Environmental Protection Agency (EPA), radon is the second leading cause of lung cancer. The Department's Radon Program is one of the most robust in the Nation and provides a variety of regulatory and public service activities. These activities include, but are not limited to, implementing the EPA State Indoor Radon Grant (SIRG); certifying radon laboratories/mitigators/and testers; performing inspections of mitigation installations, mitigation offices, testing and laboratory facilities; assisting homeowners and mitigators with difficult to remediate buildings; providing free confirmatory testing to homeowners who have installed active mitigation systems and to homes with radon levels greater than 100 pCi/L; and providing a wide variety of public information services to increase awareness of the radon issue and encouraging testing and mitigation.

 The Department receives funding for its Radon Program through a certification fee on radon laboratories, mitigators and testers. Additionally, grant funding from the EPA SIRG provides a small percentage of revenue to offset administrative costs. SIRG funds have been about $429,000 annually in recent years, which is utilized mainly for staff training, public services announcements, equipment and supplies, home shows and some support of salaries and benefits.

 The Department's fiscal analysis indicated that there is currently sufficient revenue to maintain the Radon Program until FY 2027-2028.

Summary of RPP funding needs

 Based on the findings of the Report, the Board proposes this rulemaking to address the discrepancy between anticipated fees and needed revenue for the Accelerator, Radiation-Producing Machines, and Vendors/Service Providers program area and the Radioactive Materials and Decommissioning program area.

 In March 2008, then-Governor Edward Rendell signed an agreement with the Chairperson of the United States Nuclear Regulatory Commission (NRC) for the Commonwealth to become an Agreement State. This allows the Department to oversee and regulate licensure of radioactive materials for entities in this Commonwealth. These duties are funded through the Chapter 218 fees. As part of the agreement, the Commonwealth committed to implementing a radiation protection program comparable to the NRC's program and ensured that Department regulations would be compatible with NRC regulations.

 The proposed amendments to the Chapter 218 fees for radiation-producing machines, vendors and accelerators are necessary to ensure adequate funding is available for the Commonwealth to carry out its duties under the RPA. The proposed amendments to the Chapter 218 fees for radioactive material licenses are necessary to assure adequate funding is available for the Commonwealth to carry out its duties under the Agreement State program. If the Commonwealth were forced to cede its authority to regulate radioactive materials back to the NRC, the regulated community would experience higher costs per NRC's fee regulations.

 To ensure there is adequate funding for these program areas and for the Commonwealth to maintain its status as an NRC Agreement State, the Board proposes to increase the fees associated with the Accelerator, Radiation-Producing Machines, and Vendors/Service Providers program area by 30% to provide sufficient revenue through FY 2027-2028 and to increase fees associated with the Radioactive Materials and Decommissioning program area by 10% to ensure sufficient funding through FY 2027-2028.

Outreach

 The proposed amendments to the Chapter 218 fees for radiation-producing machines, vendors, and accelerators and for radioactive materials and decommissioning were reviewed with the Department's Radiation Protection Advisory Committee (RPAC). RPAC represents various stakeholders, including radiation-producing machine registrants, radioactive materials licensees and radon service providers, as well as the general public. The Department discussed the need for fee revisions and presented the draft proposed amendments to Chapter 218 with RPAC on March 3, 2022. At the March 3, 2022, meeting, RPAC endorsed moving forward with this proposed rulemaking.

E. Summary of Regulatory Requirements

§ 218.11. Registration, renewal of registration and license fees

 In subsection (a), the annual administrative fees and annual fees per X-ray tube or radiation generating device for radiation-producing machines are proposed to be increased by approximately 30% to provide adequate funding to support the oversight of X-ray machines in hospitals, dental offices, veterinary clinics and other facilities. Additionally, the Board proposes to move ''Chiropractors'' out of the ''Other'' fee category and have them instead pay the same annual administrative fees and annual fees per X-ray tube or radiation generating device as ''Dentists, podiatrists, veterinarians.'' This change is proposed as chiropractors' equipment is more in-line with the equipment used by dentists, podiatrists and veterinarians.

 In subsection (d)(1), the fee amounts for accelerators, below 50 MeV, other than for ion implantation are proposed to be increased by 30% from $2,100 to $2,730 for the first accelerator at a facility and from $700 to $910 for each additional unit at the facility.

 In subsection (d)(2), the fee amounts for accelerators used for ion implantation are proposed to be increased by 30% from $700 to $910 and from $70 to $90 for each additional unit at the same facility.

 In subsection (d)(3), the fee amounts associated with accelerators 50 MeV and above are proposed to be increased by 30%. This includes the hourly rate considered for staff time to review license applications and to conduct inspections being increased from $150 per hour to $195 per hour; the minimum annual fee being increased from $2,100 to $2,730 for the first accelerator at a facility; and the fee for each additional unit being increased from $700 to $910.

 In subsection (i), the annual fee amounts for electronic brachytheraphy devices are proposed to be increased by 30% from $1,000 to $1,300 for the first unit at a facility and from $100 to $130 for each additional unit at the facility.

 In subsection (k), the annual registration fee for radiation-producing machine service providers is proposed to be increased by 30% from $140 to $180.

Chapter 218, Appendix A. Fees for radioactive material licenses

 The Board is proposing to increase the 39 different fee categories for radioactive material licenses by 10% based on the findings of the Report to ensure adequate funding is available for the Commonwealth to carry out its duties under the Agreement State program.

 Additionally, the professional hourly rate fee, identified by the asterisk in this proposed rulemaking, is proposed to be increased from $225 per hour to $275 per hour, which is below the NRC's current FY 2021 hourly rate of $288 per hour. This hourly rate is applicable to fee categories 4A (Waste Storage, Processing or Disposal), 5B (Well Logging Field Flood Tracer Studies) and 14 (Decontamination, Decommissioning, Reclamation or Site Restoration).

F. Benefits, Costs and Compliance

Benefits

 The proposed Chapter 218 fee increases for radioactive material licenses are necessary to ensure that adequate funding is available for the Commonwealth to carry out its duties under the Agreement State program and the RPA. If the Commonwealth were forced to cede its authority to regulate radioactive materials back to the NRC, the regulated community would be subject to higher NRC fees. Radioactive material controls under the Agreement State program guard against the potential for unnecessary public radiation exposure from the use of radioactive material benefitting the health of all residents in this Commonwealth.

 The proposed Chapter 218 fees for registration of X-ray facilities, licensing of accelerators and registration of vendors have not been increased since 2009, although costs have steadily increased. If fees for radiation-producing machines are not increased, oversight of radiation safety-related activities may be diminished, and the replacement of obsolete survey equipment may be delayed reducing the assurance that regulated activities are being conducted safely.

 For these reasons, the Department will benefit from this proposed rulemaking by having the needed additional revenue to cover the costs of the programs mandated by the RPA, and the general public will benefit from this proposed rulemaking by the continued safety with the use of radioactive materials, the safety of radiation-producing machines and additional quality assurance that will be provided.

Compliance costs

 The cost of compliance with the proposed fee amendments for the Accelerator, Radiation-Producing Machines, and Vendors/Service Providers program area are proposed to increase by 30% to provide sufficient revenue through FY 2027-2028. The cost of compliance with the proposed fee amendments for the Radioactive Materials and Decommissioning program area are proposed to increase by 10% to ensure sufficient funding through FY 2027-2028. Considering increases in inflation since the last time these fee categories were increased (2009 for the Accelerator, Radiation-Producing Machines, and Vendors/Service Providers program area and 2018 for the Radioactive Materials and Decommissioning program area), the cost of compliance is being increased in line with inflation rates.

Compliance assistance plan

 The Department will notify the regulated community to expect higher fees by informing RPAC, issuing an Information Notice to relevant licensees and publishing notification in the Pennsylvania Bulletin.

Paperwork requirements

 This proposed rulemaking does not require additional recordkeeping or reporting requirements as a result of the fee increases in Chapter 218.

G. Pollution Prevention

 The Pollution Prevention Act of 1990 (42 U.S.C.A. §§ 13101—13109) established a National policy that promotes pollution prevention as the preferred means for achieving state environmental protection goals. The Department encourages pollution prevention, which is the reduction or elimination of pollution at its source, through the substitution of environmentally friendly materials, more efficient use of raw materials and the incorporation of energy efficiency strategies. Pollution prevention practices can provide greater environmental protection with greater efficiency because they can result in significant cost savings to facilities that permanently achieve or move beyond compliance.

 This proposed rulemaking is designed to support the safe and effective use of licensed radioactive materials and radiation-producing machines to protect the health and safety of residents in this Commonwealth. Failure to increase fees may have a direct effect on the Department's ability to implement radiological pollution prevention.

H. Sunset Review

 These regulations will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.

I. Regulatory Review

 Under section 5(a) of the Regulatory Review Act (71 P.S. § 745.5(a)), on August 10, 2022, the Department submitted a copy of this proposed rulemaking and a copy of the Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House and Senate Environmental Resources and Energy Committees. A copy of this material is available to the public upon request.

 Under section 5(g) of the Regulatory Review Act, IRRC may convey comments, recommendations or objections to this proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria in section 5.2 of the Regulatory Review Act (71 P.S. § 745.5(b)) which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Department, the General Assembly and the Governor of comments, recommendations or objections raised.

J. Public Comments

 Interested persons are invited to submit written comments, suggestions, support or objections regarding this proposed rulemaking to the Board. Comments, suggestions, support or objections must be received by the Board by September 26, 2022.

 Comments may be submitted to the Board online, by e-mail, by mail or express mail as follows:

 Comments may be submitted to the Board online by accessing the Board's online comment system at http://www.ahs.dep.pa.gov/eComment.

 Comments may be submitted to the Board by e-mail at RegComments@pa.gov. A subject heading of this proposed rulemaking and a return name and address must be included in each transmission.

 If an acknowledgement of comments submitted online or by e-mail is not received by the sender within 2 working days, the comments should be retransmitted to the Board to ensure receipt. Comments submitted by facsimile will not be accepted.

 Written comments should be mailed to the Environmental Quality Board, P.O. Box 8477, Harrisburg, PA 17105-8477. Express mail should be sent to the Environmental Quality Board, Rachel Carson State Office Building, 16th Floor, 400 Market Street, Harrisburg, PA 17101-2301.

RAMEZ ZIADEH, P.E., 
Acting Chairperson

 Fiscal Note: 7-574. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 25. ENVIRONMENTAL PROTECTION

PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION

Subpart D. ENVIRONMENTAL HEALTH AND SAFETY

ARTICLE V. RADIOLOGICAL HEALTH

CHAPTER 218. FEES

PAYMENT OF FEES

§ 218.11. Registration, renewal of registration and license fees.

 (a) Annual registration fees for radiation-producing machines are the sum of an annual administrative fee and an annual fee for each X-ray tube or radiation generating device and shall be paid as follows:

Type Facility	Annual Administrative Fee	Annual Fee per X-ray Tube or Radiation Generating Device
[Dentists,] Chiropractors, dentists, podiatrists, veterinarians	[$100] $130	[$50] $65
Hospitals	[$725] $940	[$50] $65
Other Facilities	[$350] $455	[$50] $65

*  *  *  *  *

 (d) Particle accelerators are licensed under Chapter 228 (relating to radiation safety requirements for particle accelerators). Annual fees are as follows:

 (1) Accelerators, below 50 MeV, other than for ion implantation—[$2,100] $2,730 for the first accelerator at the facility plus [$700] $910 for each additional unit at that facility.

 (2) Accelerators used for ion implantation—[$700] $910 plus [$70] $90 for each additional unit at the same facility.

 (3) Accelerators 50 MeV and above—full cost of staff time to review license applications and conduct inspections as needed. (Hourly rate is [$150] $195 per hour). For the purpose of anticipating costs and compliance with subsections (e) and (f), a minimum annual fee of [$2,100] $2,730 for the first accelerator at the facility plus [$700] $910 for each additional unit is established. Additional invoices will be issued by the Department at regular intervals at least quarterly when net costs are incurred above the minimum annual fee.

*  *  *  *  *

 (i) Electronic brachytherapy devices are licensed under Chapter 221 (relating to X-rays in the healing arts). The annual fee is [$1,000] $1,300 for the first unit (controller) at the facility plus [$100] $130 for each additional unit at that facility.

 (j) Emerging technology devices require Department safety review and approval prior to use. The registrant shall pay a fee equal to the full cost of Department staff time, as specified in Appendix A, for the review and approval process.

 (k) A radiation-producing machine service provider shall pay an annual registration fee of [$140] $180.

 (l) The Department will review the adequacy of the fees established in this section at least once every 3 years and provide a written report to the EQB. The report must identify any disparity between the amount of program income generated by the fees and the costs to administer these programs, and must contain recommendations to increase fees to eliminate the disparity, including recommendations for regulatory amendments to increase program fees.

APPENDIX A

Fees for Radioactive Material Licenses

Fee Category5,6	Description	Annual Fee ($)1,2,3,4,7
1C	Special Nuclear Material Sealed Source Gauges (X-Ray Fluorescence)	[3,150] 3,465
1D	Special Nuclear Material—Other	[8,700] 9,570
2A(2)(c)	Source Material—Metal Extraction	[45,100] 49,610
2A5	Removal of Radioactive Contaminants from Drinking Water	[16,800] 18,480
2B	Source Material as Shielding	[1,125] 1,240
2C	Source Material—Other (not 11e2)	[20,100] 22,110
3A	Manufacturing & Distribution Commercial Broad Scope—10 CFR 30, 33	[43,650] 48,015
3B	Manufacturing, Refurbishing & Distribution Commercial Specific License— 10 CFR 30	[12,450] 13,695
3C	Manufacturing & Distribution Pharmaceuticals—10 CFR 32.72—32.74	[17,850] 19,635
3D	Pharmaceuticals—Distribution Only—10 CFR 32.7x	[10,200] 11,220
3E	Irradiator—Shielded Source	[6,300] 6,930
3F	Irradiator—Unshielded < 10kCi	[11,700] 12,870
3G	Irradiator—Unshielded >= 10kCi	[46,800] 51,480
3I	Distribution As Exempt—No Review of Device	[16,050] 17,655
3J	Distribution—SSD Devices to Part 31 GLs	[3,750] 4,125
3K	Distribution—No Review-Exempt Sealed Source	[2,850] 3,135
3L	Research & Development Broad Scope	[22,650] 24,915
3M	Research & Development	[8,400] 9,240
3N	Services other than Leak Testing, Waste Disposal or Calibration	[12,750] 14,025
3O	Radiography	[21,150] 23,265
3P	Other Byproduct Material	[4,050] 4,455
3Q	Generally licensed devices under § 217.143 (relating to certain measuring, gauging or controlling devices)	[480] 530
3R1	Greater than the General License Limits in 10 CFR 31.12(a)(3), (4) or (5) but not more than ten times those Limits	[3,150] 3,465
3R2	Greater than ten times the General License Limits in 10 CFR 31.12(a)(3), (4) or (5)	[4,050] 4,455
3S	Manufacturing & Distribution Pharmaceuticals—Accelerator Produced Only	[17,700] 19,470
4A	Waste Storage, Processing or Disposal	Full Cost *
4B	Waste Packaging or Repackaging	[18,000] 19,800
4C	Waste Receipt of Prepackaged for Disposal	[13,800] 15,180
5A	Well Logging & Non Field Flood Tracers	[6,600] 7,260
5B	Well Logging Field Flood Tracer Studies	Full Cost *
6A	Nuclear Laundry	[43,200] 47,520
7A	Human Use—Teletherapy	[20,550] 22,605
7B	Human Use—Broad Scope (except Teletherapy)	[36,250] 39,875
7C	Human Use (except Teletherapy)	[7,350] 8,085
8A	Specifically licensed sources used in static eliminators, nonexempt smoke detectors, fixed gauges, dew pointers, calibration sources, civil defense uses or in temporary (2 years or less) storage	[3,150] 3,465
14	Decontamination, Decommissioning, Reclamation or Site Restoration	Full Cost *
16	Reciprocity (180 days/year)	[2,250] 2,475
SB15	Small Business—Category 1	[3,450] 3,795
SB26	Small Business—Category 2	[750] 825

 ¹ A license may include as many as four noncontiguous sites at the base fee. Sites that are within 5 miles of the main radiation safety office where the license records are kept will be considered contiguous. An additional fee of 25% of the base fee will be added for each noncontiguous site above four.

 ² All fees will be effective upon publication of the final rules in the Pennsylvania Bulletin. Existing NARM licenses will be changed to the corresponding category of byproduct material license in Appendix A upon publication of the final rule.

 ³ Annual fees for categories of NRC licenses that are not included in this table will be calculated as follows: PA Fee = (NRC Annual Fee + 0.10 NRC Application or Renewal fee).

 ⁴ Annual fees charged to holders of transferred NRC licenses with multiple sites will not exceed the fees charged by the NRC for the same licenses that are in effect in the year of transfer, provided the number of noncontiguous sites does not increase.

 ⁵ Small Businesses Not Engaged in Manufacturing, and Small Not-For-Profit Organizations with Gross Annual Receipts of more than $350,000 and less than $5 million; Manufacturing Entities that have an average of 35—500 employees with Gross Annual Receipts of more than $350,000 and less than $5 million; Small Government Jurisdictions (including publicly supported, nonmedical educational institutions) with a population between 20,000 and 50,000; and nonmedical Educational Institutions that are not state or publicly supported and have 35—500 employees.

 ⁶ Small Businesses Not Engaged in Manufacturing, and Small Not-For-Profit Organizations with Gross Annual Receipts of less than $350,000; Manufacturing Entities that have an average of less than 35 employees and less than $350,000 in Gross Annual Receipts; Small Government Jurisdictions (including publicly supported nonmedical educational institutions) with a population less than 20,000; and nonmedical Educational Institutions that are not state or publicly supported and have less than 35 employees.

 ⁷ Full cost recovery licensees and licensees required to provide financial assurance for decommissioning are not eligible for reduced fees under category SB1 or SB2.

 * Full cost recovery consists of a professional fee, to cover the activities and support of Department personnel, and any other additional incidental charges incurred, such as related contracted services or laboratory costs. The professional fee component (Hourly Rate) is [$225] $275 per hour. Other costs are recovered at 100% of actual cost. Invoices shall be issued by the Department at regular intervals but at least quarterly when net costs are incurred.

[Pa.B. Doc. No. 22-1292. Filed for public inspection August 26, 2022, 9:00 a.m.]

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