25 Pa. Code § 217.203 - Reciprocity of licenses for byproduct, source, naturally occurring and accelerator-produced radioactive material and special nuclear material in quantities not sufficient to form a critical mass
(a) Subject to this article, a person who
holds a specific license from the NRC or a state where the licensee maintains
an office, issued by the agency having jurisdiction to direct the licensed
activity and to maintain radiation safety records, is granted a general license
to conduct the activities authorized in the licensing document within this
Commonwealth, except for areas of exclusive Federal jurisdiction, for a period
not in excess of 180 days in a calendar year if:
(1) The licensing document does not limit the
activity authorized by the document to specified installation or
locations.
(2) The out-of-State
licensee notifies the Department in writing at least 3 days prior to engaging
in the activity. The notification shall indicate the location, period and type
of proposed possession and use within this Commonwealth, 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 Department , obtain
permission to proceed sooner. The Department 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 this subsection.
(3) The out-of-State licensee complies with
this title and with the terms and conditions of the licensee 's document, except
terms and conditions which may be inconsistent with this title.
(4) The out-of-State licensee supplies other
information as the Department may request.
(5) The out-of-State licensee does not
transfer or dispose of radioactive material possessed or used under the general
license provided in this subsection except by transfer to a person who is one
of the following:
(i) Specifically licensed
by the Department , the NRC or by another state to receive the
material.
(ii) Exempt from the
requirements for a license for the material under Subchapter B (relating to
general provisions for radioactive material ).
(b) Notwithstanding the provisions of
subsection (a), a person who holds a specific license issued by the NRC or a
state authorizing the holder to manufacture, transfer, install or service a
device described in Subchapter C (relating to general licenses for radioactive
material ) within areas subject to the jurisdiction of the licensing body is
granted a general license to install, transfer, demonstrate or service the
device in this Commonwealth subject to the following conditions:
(1) The person files a report with the
Department within 30 days after the end of a calendar quarter in which a device
is transferred to or installed in this Commonwealth. The report shall identify
the general licensee to whom the device is transferred by name and address, the
type of device transferred and the quantity and type of radioactive material
contained in the device.
(2) The
device has been manufactured, labeled, installed and serviced in accordance
with the specific license issued to the person by the NRC or a state.
(3) The person assures that labels required
to be affixed to the device, under regulations of the authority which licensed
manufacture of the device, bear a statement that "Removal of this label is
prohibited."
(4) The holder of the
specific license or his intermediary shall provide a copy of the conditions of
general license contained in Subchapter C to the general licensee upon transfer
of the radioactive material or installation of a device containing the
radioactive material .
(c)
The Department may withdraw, limit or qualify its acceptance of a specific
license or equivalent licensing document issued by another agency, or product
distributed under the licensing document, upon determining that the action is
necessary to prevent undue hazard to public health and safety or
property.
(d) When a person is
granted a general license under subsection (a) and subsequently exceeds the
prescribed 180-day period, the person shall file a license application with the
Department under Subchapter B within 30 days after the end of the 180-day
period.
(e) Implementation of the
requirements of this section regarding byproduct, source and special nuclear
material is subject to §
217.133 (relating to persons
possessing a license for source, byproduct or special nuclear material in
quantities not sufficient to form a critical mass on the date the Commonwealth
becomes an agreement state as published in the Federal
Register).
Notes
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