(A) A general
license is hereby issued to those persons listed below to own, receive,
acquire, possess, use and transfer, in accordance with the provisions of
paragraphs (B) and (C) of this rule, americium-241 or radium-226 in the form of
calibration or reference sources.
(1) Any
person who holds a specific license issued by the director which authorizes the
licensee to receive, possess, use, and transfer radioactive material;
and
(2) Any person who holds a
specific license issued by the
NRC
United States nuclear regulatory commission which
authorizes the licensee to receive, possess, use, and transfer byproduct
material, source material or special nuclear material.
(B) The general license in paragraph (A) of
this rule applies only to calibration or reference sources which have been
manufactured or initially transferred in accordance with the specifications
contained in a specific license issued pursuant to rule
3701:1-46-37
of the Administrative Code or in accordance with the specifications contained
in a specific license issued to the manufacturer by the United States nuclear
regulatory commission or another agreement state which authorizes manufacture
of the sources for distribution to persons with a general license by the United
States nuclear regulatory commission or another agreement state.
(C) The general license in paragraph (A) of
this rule is subject to the provisions of paragraph (D) of 3701:1-40-08,
paragraphs (A) to (C) of 3701:1-40-16, rules
3701:1-40-19
to
3701:1-40-21, and Chapter
3701:1-38 of the Administrative Code. In addition, persons who own, receive,
acquire, possess, use and transfer one or more calibration or reference sources
pursuant to this general license:
(1) Shall
not possess at any one time, at any one location of storage or use, more than
one hundred eighty-five kilobecquerels (five microcuries) of americium-241 or
radium-226 in such sources:
(2)
Shall not receive, possess, use or transfer such source unless the source, or
the storage container, bears a label which includes the following statement or
a substantially similar statement which contains the information called for in
one of the following statements:
(a) For
americium-241:
The receipt, possession, use and transfer of this source, model
__, serial no. __, are subject to a general license and the regulations of the
United States nuclear regulatory commission or of a state with which the
commission has entered into an agreement for the exercise of regulatory
authority. Do not remove this label.
"CAUTION-RADIOACTIVE MATERIAL-THIS SOURCE CONTAINS
AMERICIUM-241. DO NOT TOUCH RADIOACTIVE PORTION OF THIS SOURCE"
(Name of manufacturer or initial transferor)
(b) For radium-226:
The receipt, possession, use and transfer of this source, model
______, serial no. _____, are subject to a general license and the regulations
of the United States nuclear regulatory commission or an agreement state. Do
not remove this label.
"CAUTION - RADIOACTIVE MATERIAL-THIS SOURCE CONTAINS
RADIUM-226. DO NOT TOUCH RADIOACTIVE PORTION OF THIS SOURCE."
(Name of manufacturer or initial transferor)
(c) Sources generally licensed under the
United States nuclear regulatory commission or an
agreement state prior to January 19, 1975, may bear labels authorized by the
United States nuclear regulatory commission regulations in effect on January 1,
1975.
(3) Shall not
transfer, abandon, or dispose of such source except by transfer to a person
authorized by a license pursuant to this chapter or from an agreement state, or
the United States nuclear regulatory commission to receive the
source.
(4) Shall store such
source, except when the source is being used, in a closed container adequately
designed and constructed to contain either americium-241 or radium-226, as
applicable, which might otherwise escape during storage.
(5) Shall not use such source for any purpose
other than the calibration of radiation detectors or the standardization of
other sources.
(D) This
general license does not authorize the manufacture or import of calibration or
reference sources containing americium-241 or radium-226.
(E) This general license does not authorize
the export of calibration or reference sources containing americium-241 or
radium-226.
Notes
Ohio Admin. Code
3701:1-46-08
Five Year Review (FYR) Dates:
5/23/2022 and
05/23/2027
Promulgated
Under:
119.03
Statutory Authority:
3748.04
Rule Amplifies:
3748.04
Prior Effective Dates: 10/20/2002, 01/20/2008, 10/04/2010,
12/01/2012, 06/16/2017
Effective: 6/16/2017
Five Year Review
(FYR) Dates: 03/28/2017 and
11/01/2020
Promulgated
Under: 119.03
Statutory
Authority: 3748.04
Rule
Amplifies: 3748.04
Prior
Effective Dates: 10/20/2002, 1/20/08, 10/4/10,
12/1/12