Ga. Comp. R. & Regs. R. 391-3-17-.08 - Regulation and Licensing of Naturally-Occurring Radioactive Materials (NORM)
(1)
Purpose. This Rule,
391-3-17-.08, establishes radiation
protection standards for the possession, use, transfer, and disposal of
naturally-occurring radioactive materials (NORM) not subject to regulation
under the Atomic Energy Act of 1954, as amended. All numbered and lettered
references within this Rule refer to parts of this Rule, unless stated
otherwise.
(2)
Scope.
(a) This Rule applies to any person who
engages in the extraction, mining, storage, beneficiating, processing, use,
transfer, or disposal of NORM in such a manner as to alter the chemical
properties or physical state of the NORM or its potential exposure pathways to
humans.
(b) This Rule addresses the
introduction of NORM into products in which neither the NORM nor the radiation
emitted from the NORM is considered to be beneficial to the products. The
manufacture and distribution of products containing NORM in which the NORM
and/or its associated radiation(s) is considered to be a beneficial attribute
are licensed under the provisions of Rule
.02 of this Chapter.
(c) This Rule also addresses waste management
and disposal standards.
(3)
Definitions. As used in this
Rule, the following definitions apply:
(a)
"Beneficial attribute" or "Beneficial to the product" means that the
radioactivity of the product is necessary to the use of the product.
(b) "Beneficiating" means the processing of
materials for the purpose of altering the chemical or physical properties to
improve the quality, purity, or assay grade.
(c) "General environment" means the total
terrestrial, atmospheric, and aquatic environments outside sites within which
any activity, operation, or process authorized by a general or specific license
issued under this Rule is performed.
(d) "Naturally-occurring radioactive
material" (NORM) means any nuclide which is radioactive in its natural physical
state (i.e., not man-made), but does not include byproduct, source, or special
nuclear material.
(e) "Product"
means something produced, made, manufactured, refined, or
beneficiated.
(f) "Recycling" means
a process by which materials that have served their intended use are collected,
separated, or processed and returned to use in the form of raw materials in the
production of new products. Recycling shall not include the use of a material
in a manner that constitutes disposal in accordance with Rule
.03(12).
(g) "Technologically-enhanced" means the
chemical properties or physical state of natural sources of radiation have been
altered or the potential exposure pathways of natural sources of radiation to
humans have been altered.
(h)
"Working Level" (WL) means any combination of short-lived radon decay products
in one liter of air that will result in the ultimate emission of alpha
particles with a total energy of 130 billion electron volts (2.1 x
10-8J).
(4)
Exemptions.
(a) Persons who receive, possess, use,
process, store, transfer, commercially distribute, or dispose of NORM are
exempt from the requirements of this Chapter if the materials contain or are
contaminated by concentrations of:
1. Either:
(i) 30 picocuries (1.11 Bq) per gram or less
of technologically- enhanced radium-226 or radium-228 in soil, averaged over
any 100 square meters and averaged over the first 15 centimeters of soil below
the surface, provided that the radon emanation rate is less than 20 pCi (.74
Bq) per square meter per second, or
(ii) 30 pCi (1.11 Bq) per gram or less of
technologically- enhanced radium-226 or radium-228 in media other than soil,
provided that the radon emanation rate is less than 20 pCi (.74 Bq) per square
meter per second;
2.
Either:
(i) 5 pCi (.185 Bq) per gram or less
of technologically- enhanced radium-226 or radium-228 in soil, averaged over
any 100 square meters and averaged over the first 15 centimeters of soil below
the surface, in which the radon emanation rate is equal to or greater than 20
pCi (.74 Bq) per square meter per second, or
(ii) 5 pCi (.185 Bq) per gram or less of
technologically- enhanced radium-226 or radium-228 in media other than soil, in
which the radon emanation rate is equal to or greater than 20 pCi (.74 Bq) per
square meter per second; or
3. Either:
(i) 150 pCi (5.55 Bq) or less per gram of any
other NORM radionuclide in soil, averaged over any 100 square meters and
averaged over the first 15 centimeters of soil below the surface, provided that
these concentrations are not exceeded at any time, or
(ii) 150 pCi (5.55 Bq) or less per gram of
any other NORM radionuclide in media other than soil, provided that these
concentrations are not exceeded at any time.
(b) Persons who receive products or materials
containing NORM distributed in accordance with a specific license issued by the
Director pursuant to (12)(c) are exempt from this Chapter.
(c) The manufacturing, commercial
distribution, use, and disposal of the following products/materials are exempt
from the requirements of this Chapter:
1.
Potassium and potassium compounds which have not been isotopically enriched in
the radionuclide K-40;
2. Brazil
nuts; and
3. Byproducts from fossil
fuel combustion (bottom ash, fly ash, and flue-gas emission control
byproducts);
4. Materials used for
building and highway construction, industrial processes, sand blasting, metal
casings, or other material containing NORM, in which the radionuclide content
has not been concentrated to levels higher than found in its natural
state.
(d) The wholesale
and retail distribution (including custom blending), possession, and use of the
following products/materials are exempt from the requirements of this Chapter:
1. Phosphate and potash fertilizer;
2. Phosphogypsum for agricultural uses;
and
3. Materials used for building
and highway construction, industrial processes, sand blasting, metal casings,
or other material containing NORM, in which the radionuclide content has not
been concentrated to levels higher than found in its natural state.
(e) The possession, storage,
transportation, commercial distribution, and use of natural gas and natural gas
products and crude oil and crude oil products as a fuel are exempt from the
requirements of this Chapter. The distribution of natural gas and crude oil and
the manufacturing and distribution of natural gas and crude oil products are
exempt from the specific license requirements of this Rule but are subject to
the general license requirements in (7), (8), and (9).
(f) Materials in the recycling process,
including scale or residue not otherwise exempted, and other equipment
containing NORM are exempt from the requirements of this Rule if the maximum
radiation exposure level does not exceed 50 microroentgens per hour including
the background radiation level at any accessible point.
(g) Possession of produced waters from crude
oil and natural gas production is exempt from the requirements of this Rule if
the produced waters are reinjected in a well approved by the Division or if the
produced waters are discharged under the authority of the Division.
(5)
Radiation Survey
Instruments.
(a) Radiation survey
instruments used to determine exemptions pursuant to (4)(f) and radiation
survey instruments used to make surveys in accordance with (7) shall be able to
measure from 1 microroentgen per hour through at least 500 microroentgens per
hour.
(b) Radiation survey
instruments used to make surveys required by this Rule shall be calibrated,
appropriate, and operable.
(c) Each
radiation survey instrument shall be calibrated:
1. By a person licensed by the Director,
another Agreement State or by the U.S. Nuclear Regulatory Commission to perform
such service;
2. At energies
appropriate for the licensee's use;
3. At intervals not to exceed 12 months, and
after each instrument servicing other than battery replacement; and
4. To demonstrate an accuracy within plus or
minus 20 percent using a reference source provided by a person authorized
pursuant to (5)(c)1.
(d)
Records of these calibrations shall be maintained for Division inspection for 5
years after the calibration date.
(6)
Effective Date. The
provisions and requirements of this Rule shall take effect upon March 26, 1994,
and shall apply to all facilities or sites owned or controlled by a person on
that date. Products distributed and disposals made prior to that date are not
subject to the provisions of this Rule.
(7)
General License.
(a) A general license is hereby issued to
mine, extract, receive, possess, own, use, store, transfer, process, and
dispose of NORM not exempted in (4) without regard to quantity. This general
license does not authorize the manufacturing or commercial distribution of
products containing NORM in concentrations greater than those specified in (4)
nor the disposal of wastes from other persons.
(b) Facilities and equipment contaminated
with NORM in excess of the levels set forth in the Appendix of this Rule shall
not be released for unrestricted use. The decontamination of equipment and
facilities shall be performed only by persons specifically licensed by the
Director to conduct such work. Each general licensee shall establish written
procedures for the evaluation (or screening) of equipment, components, and
facilities prior to release for unrestricted use to ensure that the levels in
this Appendix are not exceeded.
(c)
No person shall transfer land for unrestricted use where the concentration of
radium-226 or radium-228 in soil averaged over any 100 square meters exceeds
the background level by more than:
1. 5 pCi/g
(185 Bq/kg), averaged over the first 15 cm of soil below the surface;
and
2. 15 pCi/g (555 Bq/kg),
averaged over 15 cm thick layers of soil more than 15 cm below the
surface.
(d) The handling
or processing by a general licensee of NORM-contaminated materials not
otherwise exempted from these Rules for the purpose of recycling is authorized
by the Division if the radiation level 18 inches from the NORM-contaminated
material does not exceed 2 millirem per hour.
(e) Equipment contaminated with NORM in
excess of the levels set forth in the Appendix of this Rule may be released for
maintenance and/or overhaul provided the recipient is specifically licensed to
perform the activity on contaminated equipment.
(f) The decontamination of equipment,
facilities, and land, as described in (10)(b), shall only be performed by
persons specifically licensed by the Director to conduct such work.
(g) Transfer of NORM
1. The transfer of NORM not exempt from this
Chapter from one general licensee to another general licensee may be authorized
by the Division if:
(i) The equipment and
facilities contaminated with NORM are to be used by the recipient for the same
purpose or at the same time,
(ii)
The transfer of control or ownership of land contaminated with NORM includes an
annotation in the deed records to indicate the presence of NORM,
(iii) The materials being transferred are
ores or raw materials for processing or refinement, or
(iv) The material being transferred is in the
recycling process.
2.
Transfers made under (7)(g)1. do not relieve the general licensee who makes the
transfer from the responsibilities of assessing the extent of NORM
contamination or material present, evaluating the hazards of the NORM,
informing the general licensee receiving the NORM of these assessments and
evaluations, and maintaining records required by this
Chapter.
(8)
Protection of Workers and the General Population During
Operations. Each person subject to a general license in (7) or to a
specific license shall conduct operations in compliance with the standards for
radiation protection set forth in Rules
.03 and
.07 of this Chapter, except for
disposal, which shall be governed by (9).
(9)
Disposal and Transfer of Waste for
Disposal.
(a) Each person subject to
the general license in (7) or a specific license shall manage and dispose of
wastes containing NORM:
1. In accordance with
the applicable requirements of the U.S. Environmental Protection Agency for
disposal of such wastes;
2. In a
manner equivalent to the requirements for uranium and thorium byproduct
materials in 40 CFR 192 ;
3. By
transfer of the wastes for disposal to a land disposal facility licensed by the
U.S. Nuclear Regulatory Commission or an Agreement State; or
4. In accordance with alternate methods
authorized by the Division upon application or upon the Division's
initiative.
(b) Records
of disposal, including manifests, shall be maintained pursuant to the
provisions of Rule
.03 of this Chapter.
(c) Transfers of waste containing NORM for
disposal shall be made only to a person specifically authorized to receive such
waste.
(10)
Specific Licenses.
(a) Unless
otherwise exempted under the provisions of (4) or licensed under the provisions
of Rule .02 of this
Chapter, the manufacturing and commercial distribution of any material or
product containing NORM shall be specifically licensed pursuant to the
requirements of this Rule or pursuant to equivalent regulations of the U.S.
Nuclear Regulatory Commission or another Agreement State.
(b) Persons conducting the following
activities involving equipment or facilities contaminated with NORM in excess
of the levels set forth in the Appendix of this Rule or land contaminated in
excess of the limits set forth in (7)(c) shall be specifically licensed
pursuant to the requirements of this Rule:
1.
Decontamination of equipment, facilities, and land; or
2. Disposal or storage of the resulting
waste.
(11)
Filing Application for Specific Licenses.
(a) Applications for specific licenses shall
be filed in a manner and on a form prescribed by the Division.
(b) The Division may at any time after the
filing of the original application, and before the expiration of the license,
require further statements in order to enable the Division to determine whether
the application should be granted or denied or whether a license should be
modified or revoked.
(c) Each
application shall be signed by the applicant or licensee or a person duly
authorized to act for and on behalf of the licensee.
(d) An application for a specific license may
include a request for a license authorizing one or more activities.
(e) In an application, the applicant may
incorporate by reference information contained in previous applications,
statements, or reports filed with the Division provided such references are
clear and specific by page and paragraph.
(f) Applications and documents submitted to
the Division may be made available for public inspection pursuant to the open
records act, O.C.G.A. Section 50-18-70, et seq., except that the Division may
withhold any document or part thereof from public inspection if disclosure of
its contents is not required by law.
(12)
Requirements for the Issuance of
Specific Licenses.
(a) An application
for a specific license will be approved if the Division determines that:
1. The applicant is qualified by reason of
training and experience to use the NORM in question for the purpose requested
in accordance with these Rules in such a manner as to minimize danger to public
health and safety, the environment, or property;
2. The applicant's proposed equipment,
facilities, and procedures are adequate to minimize danger to public health and
safety, the environment, and property;
3. The issuance of the license will not be
inimical to the health and safety of the public;
4. The applicant satisfied any applicable
special requirement in this Rule;
5. The applicant has met the financial surety
requirements of (21); and
6. The
applicant has appointed a qualified Radiation Safety Officer (RSO). The
applicant, through the RSO, shall ensure that Radiation Safety activities are
being performed in accordance with approved procedures and regulatory
requirements in the daily operation of the applicant's program.
(i) The Radiation Safety Officer shall:
(I) Investigate overexposures, accidents,
spills, losses, thefts, unauthorized receipts, uses, transfers, and disposals,
and other deviations from approved radiation safety practices. The RSO shall
have the authority to assume control and implement corrective actions,
including shut down of operations when emergency or unsafe conditions
exist.
(II) Have a thorough
knowledge of the licensee's management policies and administrative
procedures.
(III) Implement
policies and procedures for:
I. Keeping an
inventory record of radioactive material;
II. Using radioactive material safely and in
accordance with the ALARA philosophy;
III. Taking emergency action if control of
radioactive material is lost;
IV.
Performing periodic radiation surveys;
V. Performing checks and calibrations of
survey instruments and other safety equipment;
VI. Disposing of radioactive
material;
VII. Training personnel
who work in or frequent areas where radioactive material is used or stored;
and
VIII. Keeping a copy of all
records and reports required by the Regulations, a copy of this Chapter, a copy
of each licensing request, the license and its amendments, and the written
policy and procedures required by the
Regulations.
(ii) The RSO's qualifications shall be
submitted to the Division and shall include:
(I) Possession of a high school diploma or a
certificate of high school equivalency based on the GED test;
(II) Completion of the training and testing
requirements of the activities for which the license application is submitted;
and
(III) Training and experience
necessary to supervise the Radiation Safety aspects of the licensed
activity.
(b) An application for a specific license to
decontaminate equipment, land, or facilities contaminated with NORM in excess
of the levels set forth in (4), (7)(c), or the Appendix of this Rule, as
applicable, and to dispose of the resulting waste will be approved if:
1. The applicant satisfies the general
requirements specified in (12)(a); and
2. The applicant has adequately addressed the
following items in the application:
(i)
Procedures and equipment for monitoring and protection of workers;
(ii) An evaluation of the radiation levels
and concentrations of contamination expected during normal
operations;
(iii) Operating and
emergency procedures, including procedures for waste reduction and quality
assurance of items released for unrestricted use; and
(iv) Method of disposing of the NORM removed
from contaminated equipment, facilities, and/or
land.
(c) An
application for a specific license to manufacture and/or distribute products or
materials containing NORM to persons exempted from this Chapter pursuant to
(4)(b) will be approved if:
1. The applicant
satisfied the general requirements specified in (12)(a);
2. The NORM is not contained in any food,
beverage, cosmetic, drug, or other commodity designed for ingestion or
inhalation by, or application to, a human being without approval by the U.S.
Food and Drug Administration; and
3. The applicant submits sufficient
information relating to the design, manufacture, prototype testing, quality
control procedures, labeling or marking, and conditions of handling, storage,
use, and disposal of the NORM material or product to demonstrate that the
material or product will meet the safety criteria set forth in (13). The
information shall include:
(i) A description
of the material or product and its intended use or uses;
(ii) The type, quantity, and concentration of
NORM in each material or product;
(iii) The chemical and physical form of the
NORM in the material or product, and changes in chemical and physical form that
may occur during the useful life of the material or product;
(iv) An analysis of the solubility in water
and body fluids of the NORM in the material or product;
(v) The details of manufacture and design of
the material or Rule product relating to containment and shielding of the NORM
and other safety features under normal and severe conditions of handling,
storage, use, reuse, and disposal of the material or product;
(vi) The type and degree of access of human
beings to the material or product during normal handling, use, and
disposal;
(vii) The total quantity
of NORM expected to be distributed annually in the material or
product;
(viii) The expected useful
life of the material or product;
(ix) The proposed method of labeling or
marking each unit of the material or product with identification of the
manufacturer and/or initial transferor of the product and the radionuclide(s)
and quantity of NORM in the material or product;
(x) The procedures for prototype testing of
the material or product to demonstrate the effectiveness of the containment,
shielding, and other safety features under both normal and severe conditions of
handling, storage, use, reuse, and disposal;
(xi) The results of the prototype testing of
the material or product, including any change in the form of the NORM contained
in it, the extent to which the NORM may be released to the environment, any
change in radiation levels, and any other changes in safety features;
(xii) The estimated external radiation doses
and dose commitments relevant to the safety criteria in (13) and the basis for
such estimates;
(xiii) A
determination that the probabilities with respect to doses referred to in (13)
meet the safety criteria;
(xiv) The
quality control procedures to be followed in the production of production lots
of the material or product, and the quality control standards the material or
product will be required to meet; and
(xv) Any additional information, including
experimental studies and tests, required by the Division to facilitate a
determination of the radiation safety of the material or product.
(d) Notwithstanding the
provisions of (13)(b), the Director may deny an application for a specific
license if the end uses of the product are frivolous or cannot be reasonably
foreseen.
(13)
Safety Criteria for Specific Licenses.
An applicant for a specific license under (12)(c) shall demonstrate that the product is designed and will be manufactured so that:
(a) In normal use, handling,
storage, and disposal, the dose to any individual likely to be exposed to
radiation from the material or product will not exceed the limits set forth in
Rule .03 of this Chapter.
(b) In
normal use, disposal, handling, and storage, it is unlikely that the radon
released from the material or product will result in an increase in the average
radon concentration in air of more than 0.4 picocurie (.0148 Bq) per
liter.
(c) It is unlikely that
there will be a significant reduction in the effectiveness of the containment,
shielding, or other safety features of the material or product from wear and
abuse likely to occur in normal handling and use of the material or product
during its useful life.
(14)
Issuance of Specific
Licenses.
(a) Upon a determination that
an application meets the requirements of the Act and Rules of the Division, the
Director will issue a specific license authorizing the proposed activity in
such form and containing such conditions and limitations as it deems
appropriate or necessary.
(b) The
Director may incorporate in any license at the time of issuance, or thereafter
by amendment, such additional requirements and conditions with respect to the
licensee's receipt, possession, use, and transfer of NORM subject to this Rule
as it deems appropriate or necessary in order to:
1. Minimize danger to public health and
safety, to property, and to the environment;
2. Require such reports, require the keeping
of such records, and to provide for such inspections of activities under the
license as may be appropriate or necessary; and
3. Prevent loss or theft of NORM subject to
this Rule.
(15)
Conditions of Specific Licenses Issued Under (12).
(a) General Terms and Conditions
1. Each license issued pursuant to this Rule
shall be subject to all the provisions of the Act, now or hereafter in effect,
and to all Rules, Regulations, and Orders of the Director.
2. No license issued or granted under this
Rule and no right to possess or utilize NORM granted by any license issued
pursuant to this Rule shall be transferred, assigned, or in any manner disposed
of, either voluntarily or involuntarily, directly or indirectly, through
transfer of control of any license to any person unless the Division shall,
after securing full information, find that the transfer is in accordance with
the provisions of the Act, and shall give its consent in writing.
3. Each person licensed by the Director
pursuant to this Rule shall confine use and possession of the NORM licensed to
the locations and purposes authorized in the license.
4. Each person licensed by the Director
pursuant to this Rule is subject to the license provisions of (8) and
(9).
5. Notification
(i) Each licensee shall notify the Division
in writing, immediately following the filing of a voluntary or involuntary
petition for bankruptcy under the Chapters of Title 11 (Bankruptcy) of the
United States Code (11 U.S.C.) by or against:
(I) A licensee;
(II) An entity [as that term is defined in
11 U.S.C.
101 (15)] controlling a
licensee or listing the license or licensee as property of the estate;
or
(III) An affiliate [as that term
is defined in 11 U.S.C.
101 (2)] of the
licensee.
(ii) This
notification must indicate:
(I) The bankruptcy
court in which the petition for bankruptcy was filed; and
(II) The date of the filing of the
petition.
(b) Quality Control, Labeling, and Reports of
Transfer. Each person listed under (12)(c) shall:
1. Carry out adequate control procedures in
the manufacture of the material or product to assure that each production lot
meets the quality control standards approved by the Division;
2. Label or mark each unit so that the
manufacturer, processor, producer, or initial transferor of the material or
product and the NORM in the material or product can be identified;
and
3. Maintain records
identifying, by name and address, each person to whom NORM is transferred for
use under (4)(b) or the equivalent regulations of the U.S. Nuclear Regulatory
Commission or another Agreement State and stating the kinds, quantities, and
uses of the NORM transferred. An annual summary report stating the total
quantity of each radionuclide transferred under the specific license shall be
filed with the Division. Each report shall cover the year ending December 31,
and shall be filed within 30 days thereafter. If no transfers of NORM have been
made pursuant to (13)(c) during the reporting period, the report shall so
indicate.
(16)
Expiration and Termination of Specific Licenses.
(a) Except as provided in (17)(b) and
(16)(d)6., each specific license shall expire at the end of the specified day
in the month and year stated therein.
(b) Each licensee shall notify the Division
immediately, in writing, and request termination of the license when the
licensee decides to terminate all activities involving NORM authorized under
the specific license or when the licensee decides to terminate a licensed
location. This notification and request for termination of the license must
include the reports and information specified in (16)(d)4. The licensee is
subject to the provisions of (16)(d) and (16)(e), as applicable.
(c) No less than 30 days before the
expiration date specified in a specific license, the licensee shall either:
1. Submit an application for license renewal
under (17), or
2. Notify the
Division in writing, under (16)(b), if the licensee decides to discontinue all
activities involving NORM.
(d) If the licensee terminates a licensed
location, or if a licensee does not submit an application for license renewal
under (17), the licensee shall on or before the expiration date specified in
the specific license:
1. Terminate use of
NORM;
2. Remove NORM contamination
to the extent practicable;
3.
Properly dispose of the NORM; and
4. Submit a report of the disposal of NORM
and radiation survey(s) to confirm the absence of NORM or to establish the
levels of residual NORM contamination. The licensee shall, as appropriate:
(i) Report levels of radiation in units of
microrads (µGy) per hour of beta and gamma radiation at one centimeter
and gamma radiation at one meter from surfaces and report levels of
radioactivity in units of disintegrations per minute (or microcuries or
becquerels) per 100 square centimeters removable and fixed on surfaces,
microcuries (becquerels) per milliliter in water, and picocuries per gram
(Bq/kg) in contaminated solids such as soils or concrete; and
(ii) Specify the instrument(s) used and
certify that each instrument is properly calibrated and
tested.
5. If no
radioactivity attributable to activities conducted under the license is
detected, the licensee shall submit a certification that no detectable NORM
contamination was found. If the Division determines that the information
submitted under (16)(d)2. and (16)(d)4. is adequate and surveys confirm the
findings, the Director will notify the licensee in writing that the license is
terminated.
6. If detectable levels
of residual NORM attributable to activities conducted under the license are
found, the specific license continues in effect beyond the expiration date, if
necessary, with respect to possession of residual NORM until the Director
notifies the licensee in writing that the license is terminated. During this
time, the licensee is subject to the provisions of (16)(e). In addition to the
information submitted under (16)(d)4., the licensee shall submit a plan, if
appropriate, for decontaminating the location(s) and disposing of the residual
NORM.
(e) Each licensee
who possesses residual NORM under (16)(d)6., following the expiration date
specified in the specific license, shall:
1.
Be limited to actions involving NORM related to preparing the location(s) for
release for unrestricted use; and
2. Continue to control entry to restricted
areas until the location(s) is (are) suitable for release for unrestricted use
and the Director notifies the licensee in writing that the license is
terminated.
(17)
Renewal of Specific
Licenses.
(a) Applications for renewal
of specific licenses shall be filed in accordance with (11).
(b) In any case in which a licensee, not less
than 30 days prior to the expiration of an existing specific license, has filed
an application in proper form for renewal or for a new specific license
authorizing the same activities, such existing license shall not expire until
final action by the Director.
(18)
Amendment of Specific Licenses at
Request of Licensee. Applications for amendment of a license shall be
filed in accordance with (11) and shall specify the respects in which the
licensee desires the license to be amended and the grounds for such
amendment.
(19)
Action on
Applications to Renew and Amend Specific Licenses. In considering an
application by a licensee to renew or amend the specific license, the Division
will apply the criteria set forth in (12).
(20)
Reciprocal Recognition of
Licenses.
Subject to this Chapter, any person who holds a specific license from the U.S. Nuclear Regulatory Commission or another Agreement State, and issued by the agency having jurisdiction where the licensee maintains an office for directing the licensed activity and at which radiation safety records are normally maintained, is hereby granted a general license to conduct the activities authorized in such licensing document within this State for a period not in excess of 180 days in any calendar year provided that:
(a) The licensing document does not limit the
activity authorized by such document to specified installations or
locations;
(b) The out-of-state
licensee notifies the Division in writing at least 3 days prior to engaging in
such activity. Such notification shall indicate the location, period, and type
of proposed possession and use within the State, and shall be accompanied by a
copy of the pertinent licensing document. If, for a specific case, the 3-day
period would impose an undue hardship on the out-of-state licensee, the
licensee may, upon application to the Division, obtain permission to proceed
sooner. The Division may waive the requirement for filing additional written
notifications during the remainder of the calendar year following the receipt
of the initial notification from a person engaging in activities under the
general license provided in (20)(a);
(c) The out-of-state licensee complies with
all applicable Rules of the Division and with all the terms and conditions of
the licensing document, except any such terms and conditions which may be
inconsistent with applicable Rules of the Division;
(d) The out-of-state licensee supplies such
other information as the Division may request; and
(e) The out-of-state licensee shall not
transfer or dispose of NORM possessed or used under the general license
provided in (20)(a) except by transfer to a person:
1. Specifically licensed by the Director to
receive such NORM; or
2. Exempt
from the requirements for a license for such NORM under
(4).
(21)
Financial Surety Arrangements for Specific Licenses.
(a) Each licensee or applicant for a specific
license under (12) shall post with the Director financial surety, or security,
according to the requirements of Rule .02(8)(g), of this Chapter to ensure the
protection of the public health and safety, property, and the environment in
the event of abandonment, default, or other inability or unwillingness of the
licensee to meet the requirements of the Act and this Chapter. Financial surety
arrangements shall:
1. Consist of surety
bonds, cash deposits, certificates of deposit, government securities,
irrevocable letters or lines of credit, or any combination of these.
2. Be in an amount sufficient to meet the
applicant's or licensee's obligations under the Act and this Chapter and shall
be based upon Division-approved cost estimates.
3. Be established prior to issuance of the
specific license or the commencement of operations to assure that sufficient
funds will be available to carry out the decontamination and decommissioning of
the facility.
4. Be continuous for
the duration of the license and for a period coincident with the
applicant/licensee's responsibility under the Act and this Chapter.
5. Be available in Georgia subject to
judicial process and execution in the event required for the purposes set
forth.
6. Be established within 90
days of April 1, 1994, for licenses in effect on that date.
(b) No later than 90 days after the licensee
notifies the Division that decontamination and decommissioning have been
completed, the Division shall determine if these have been conducted in
accordance with this Chapter and the conditions of the specific license. If the
Division finds that the requirements have been met, the Director shall direct
the return or release of the licensee's security in full plus any accumulated
interest. If the Division finds that the requirements have not been met, the
Division will notify the licensee in writing of the steps necessary for
compliance.
(22)
Modification and Revocation of Licenses.
(a) The terms and conditions of all licenses
shall be subject to amendment, revision, or modification or the license may be
suspended or revoked by reason of amendments to the Act, by reason of rules or
Regulations promulgated by the Board, and Orders issued by the
Director.
(b) Any license may be
revoked, suspended, or modified, in whole or in part, for any material false
statement in the application or any material false statement of fact required
under provisions of the Act or this Chapter, or because of conditions revealed
by such application or statement of fact or any report, record, or inspection
or other means which would warrant the Director to refuse to grant a license on
an original application, or for violation of, or failure to observe, any of the
terms and conditions of the Act, of the license, or of any Rule, Regulation, or
Order of the Director.
(c) Except
in cases of willfulness or those in which the public health, interest, or
safety requires otherwise, no license shall be modified, suspended, or revoked
unless, prior to the institution of proceedings therefor, facts or conduct
which may warrant such action shall have been called to the attention of the
licensee in writing and the licensee shall have been accorded an opportunity to
demonstrate or achieve compliance with all lawful requirements.
APPENDIX
ACCEPTABLE SURFACE CONTAMINATION LEVELS FOR NORM
|
NUCLIDE a |
AVERAGEbcf |
MAXIMUMbdf |
REMOVABLEbcef |
|
U-nat, U-235, and associated products (including Po-210), except Ra-226, Th-230, Ac-227, and Pa-231 |
5,000 dpm alpha/100 cm2 |
15,000 dpm alpha/100 cm2 |
11,000 dpm alpha/ 100 cm2 |
|
Transuranics, Ra-226, Ra-228, Th-230, Th-228 Pa-231, Ac-227 |
100 dpm/100 cm2 |
300 dpm/100 cm2 |
20 dpm/100 cm2 |
|
Beta-/gamma-emitters (nuclides with decay modes other than alpha emission or spontaneous fission, including Pb-210), except others noted above. |
5,000 dpm beta, gamma/100 cm2 |
15,000 dpm beta, gamma/100 cm2 |
1,000 dpm beta, gamma/100 cm2 |
a Surfaces contaminated with alpha- and beta-emitting naturally-occurring radionuclides may be surveyed with a detector that responds to both types of radiation. The same method may be employed when evaluating wipe samples for removable contamination.
b As used in this table, dpm (disintegrations per minute) means the rate of emission by naturally-occurring radioactive material as determined by correcting the counts per minute observed by an appropriate detector for background, efficiency, and geometric factors associated with the instrumentation using a ratemeter or scaler and detector appropriate for the type and energy of emissions being monitored. The detector shall be capable of responding to alpha, beta, and/or gamma radiation.
c Measurements of average contamination level should not be averaged over more than one square meter. For objects of less surface area, the average should be derived for each object.
d The maximum contamination level applies to an area of not more than 100 cm2.
e The amount of removable radioactive material per 100 cm2 of surface area should be determined by wiping that area with dry filter or soft absorbent paper, applying moderate pressure, and assessing the amount of radioactive material on the wipe with an appropriate instrument of known efficiency. When removable contamination on objects of less surface area is determined, the pertinent levels should be reduced proportionally and the entire surface should be wiped.
f All surveys and efficiency determinations shall be made with the detector's active surface no greater than 1 centimeter from the surface being surveyed, wipe being analyzed, or source being used. A scaler must be used when evaluating wipe samples and count times must be sufficient to detect 10 percent of the applicable limit with 95 percent confidence that the activity would be detected.
g Notwithstanding the levels in the table above, equipment containing NORM shall not exceed a maximum radiation exposure level of 50 microroentgens per hour, including the background radiation level at any accessible point.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.