W. Va. Code R. § 64-23-16 - Radiation Safety Requirements for Technologically Enhanced Radioactive Materials (TENORM)
16.1.
Purpose. This Section establishes radiation protection standards for the
possession, use, transfer, and disposal of technologically enhanced naturally
occurring radioactive materials (TENORM).
16.2. Scope.
16.2.a. This rule apply to any person who
receives, owns, possesses, uses, processes, transfers, distributes, or disposes
of TENORM.
16.2.b. The rules in
this Part address the introduction of TENORM into products in which neither the
TENORM, nor the radiation emitted from the TENORM, is considered to be
beneficial to the products.
16.2.c.
The manufacture and distribution of products containing TENORM, in which the
TENORM or its emitted radiation is considered to be a beneficial attribute, are
registered under the provisions of Section 11. of this rule.
16.2.d. This Section does not apply to
radionuclides for which NRC retains exclusive jurisdiction.
16.3. Definitions. As used in this
Section, the following definitions apply:
16.3.a. Beneficial Attribute - the
radioactivity of the product necessary to the use of the product.
16.3.b. Beneficial to the Product - the
radioactivity of the product necessary to the use of the product.
16.3.c. General Environment - the total
terrestrial, atmospheric, and aquatic environments outside the site boundary
within which any activity, operation, or process authorized by a general or
specific registration issued under this Section, is performed.
16.3.d. Institutional Controls:
(1) Permanent markers placed at a disposal
site,
(2) public records and
archives,
(3) government ownership
and rules regarding land or resource use, and
(4) other methods of preserving knowledge
about the location, design, and contents of a disposal system.
16.3.e. Product - something
produced, made, manufactured, refined, or benefitted.
16.3.f. Reasonably Maximally Exposed
Individual - a representative of a population who is exposed to TENORM at the
maximum TENORM concentration measured in environmental media found at a site
along with reasonable maximum case exposure assumptions. The exposure is
determined by using maximum values for one or more of the most sensitive
parameters affecting exposure, based on cautious but reasonable assumptions,
while leaving the others at their mean value.
16.3.g. Technologically Enhanced Naturally
Occurring Radioactive Material (TENORM) - naturally occurring radionuclides
whose concentrations are increased by or as a result of past or present human
practices. TENORM does not include background radiation or the natural
radioactivity of rocks or soils. TENORM does not include uranium or thorium in
"source material" as defined in the aea and US NRC regulations.
16.3.h. Transfer - the physical relocation of
NORM containing materials not directly associated with commercial distribution
within a business's operation or between general or specific registrants. This
term does not include a change in legal title to NORM containing materials that
does not involve physical movement of those materials.
16.3.i. Total Effective Dose Equivalent
(TEDE) - the sum of the deep dose equivalent for external exposures and the
committed effective dose equivalent for internal exposures.
16.4. Exemptions.
16.4.a. Persons who receive, own, possess,
use, process, transfer, distribute, or dispose of TENORM are exempt from the
requirements of this Section with respect to any combination of
226Ra and 228Ra if the
materials contain, or are contaminated at, concentrations less than one hundred
eighty five (185) bequerel per kilogram (five [5] pCi/gm) excluding natural
background. This does not apply to consumer or retail products which are
discussed in Subdivision 16.12.c. and Subsection 16.13. Using purposeful
dilution to render TENORM waste exempt shall not be allowed without prior
agency approval.
16.4.b. Persons
who receive products or materials containing TENORM distributed in accordance
with a specific registration issued by the agency pursuant to Subdivision
16.10.a., or to an equivalent registration issued by another licensing state,
are exempt from this rule with regard to those products or materials.
16.4.c. The distribution, including custom
blending, possession, and use of fertilizers containing TENORM, is exempt from
the requirements of this Section.
16.4.d. TENORM waste regulated by CERCLA or
RCRA (Resources Conservation and Recovery Act) are exempt from this
Section.
16.4.e. The transportation
and storage incident to transportation are governed by Sections 6. and 16. of
this rule.
16.5.
Standards for Radiation Protection for TENORM.
16.5.a. No person registered under Section
16.9. and 16.10. shall conduct operations, use, or transfer TENORM in a manner
such that a member of the public will receive an annual total effective dose in
excess of one (1) millisievert per year (one hundred [100] mRem/yr.) from all
registered sources including TENORM.
16.5.b. Persons subject to a registration
under this Section shall comply with radiation protection standards set out in
Section 6. of this rule.
16.5.c.
Doses from indoor radon and its progeny shall not be included in total
effective dose equivalent calculations.
16.5.d. No person shall release TENORM for
unrestricted use in such a manner that the reasonably maximally exposed
individual will receive an annual total effective dose equivalent from the
released TENORM in excess of five-tenths (0.5) millisievert per year (fifty
[50] mRem/yr.) excluding natural background.
16.6. Protection of Workers During
Operations. Each person subject to a specific registration under this Section
shall conduct operations in compliance with the standards for radiation
protection set out in Sections 6. and 13. of this rule.
16.7. Release for Unrestricted Use. Each
person subject to a registration under this Section shall:
16.7.a. Not transferor release for
unrestricted use facilities or equipment contaminated with TENORM in excess of
levels in Table 64-23 Ii;
16.7.b.
Not transferor release for unrestricted use equipment contaminated with TENORM
in excess of a surface gamma radiation level of one hundred (100)
microrems/hour including natural background; and
16.7.c. Not transfer land for unrestricted
use where the concentration of 226Ra or
228Ra in soilaveraged over any one hundred (100)
square meters exceeds the background level by more than one hundred eighty five
(185) Bequerel per kilogram (five [5] pCi/gm), averaged over any fifteen (15)
cm layer of soil below the surface, unless compliance with Subdivision 16.5.b.
through d. can be demonstrated.
16.8. Disposal and Transfer of Waste for
Disposal.
16.8.a. Each person subject to a
registration under this rule shall manage and dispose of wastes containing
TENORM:
16.8.a.1. By transfer of the wastes
for disposal to a facility registration under requirements for uranium or
thorium byproduct materials in either 40 CFR 192 or 10 CFR 40 Appendix A;
or
16.8.a.2. By transfer of the
wastes for disposal to a disposal facility licensed by the US Nuclear
Regulatory Commission, an agreement state, or a licensing state; or
16.8.a.3. In accordance with alternate
methods authorized by the agency upon application or upon the agency's
initiative, consistent with Subsection 16.5. and where applicable the clean
water act, safe drinking water act and other requirements of the US
Environmental Protection Agency for disposal of such wastes.
16.8.b. Equipment contaminated
with TENORM in excess of levels specified in Table Oo, which is to be disposed
of as waste, shall be disposed of:
16.18.b.1.
So as to prevent any reintroduction into commerce or unrestricted use;
and
16.18.b.2. Within disposal
areas specifically designed to meet the criteria of Subdivision
16.8.a.
16.8.c. Transfers
of waste containing TENORM for disposal shall be made only to a person
specifically authorized by the Nuclear Regulatory Commission, an agreement
state or a licensing state, to receive such waste.
16.8.d. Records of disposal, including
manifests, shall be maintained pursuant to the provisions of Section 6. of this
rule.
16.9. General
Registration
16.9.a. Subject to the
requirements of Subsections 16.5. through 16.8. and Subdivision 16.10., a
general registration is hereby issued to possess, own, use, transfer,
distribute or dispose of TENORM without regard to quantity.
16.9.b. This general registration does not
authorize the manufacturing of products containing TENORM in concentrations
greater than those specified in Subsection 16.4. nor the receipt and disposal
of wastes from other persons.
16.9.c. The decontamination of equipment,
facilities, and land shall be preformed only by persons specifically registered
by the agency or another licensing state to conduct such work. However,
employees or contractors under control and supervision of a general
registration can perform routine maintenance on equipment, facilities, and land
owned or controlled by the general registration. Maintenance that provides a
different pathway for exposure than is found in daily operations and that
increases the potential for additional exposure is not considered
routine.
16.9.d. Transfer of
material or real property.
16.9.d.1. The
transfer of TENORM not exempt from this rule from one general registrant to
another general registrant is authorized if:
16.9.d.1.A. The equipment and facilities
contaminated with TENORM are to be used by the recipient for the same purpose;
or
16.9.d.1.B. The transfer of
control or ownership of land contaminated with TENORM includes notice to owners
of surface and mineral rights to indicate the presence of TENORM.
16.9.d.2. Transfers not made in
accordance with Paragraph 16.9.d.1. require prior approval by the
agency.
16.9.d.3. Transfers made
under Paragraph 16.9.d.1. do not relieve the general registrant who makes the
transfer from the responsibilities of assessing the extent of TENORM
contamination or material present, informing the general registrant receiving
the TENORM of these assessments, and maintaining records required by this
rule.
16.9.d.4. A general
registrant intending to transfer material or real property for unrestricted use
shall document compliance with the requirements of Subsection 16.7. of this
regulation. Records of such compliance shall be kept .
16.9.e. Distribution of TENORM products
between general registrants. The distribution of TENORM products not exempt
from this rule from one general registration to another general registrant is
authorized provided the product is accompanied by labels or manifests which
identify the type and amount of TENORM.
16.9.f. The Division of Health may, by
written notice, require any person authorized by a general registration to
apply for and obtain a specific registration. The notice shall state the reason
or reasons for requiring a specific registration.
16.10. Specific Registration. Unless
otherwise exempt, a specific registration is required to:
16.10.a. Manufacture and distribute any
material or product containing TENORM unless authorized by Subdivision 16.9.e.,
exempted under the provisions of Subsection 16.4., or registered under the
provisions of Section 6. of this rule;
16.10.b. Except as provided in Subdivision
16.9.c., decontaminate equipment or land not otherwise exempted under the
provisions of Subsection 16.4. or facilities contaminated with TENORM in excess
of the levels set forth in Subsection 16.7., as applicable; for purposes of
this Subsection, the term "decontaminate" shall not include maintenance which
incidentally results in removal of contamination;
16.10.d. Receive TENORM from other persons
for disposal.
16.11.
Filing Application for Specific Registration.
16.11.a. Applications for specific
registration shall be filed in a manner and on a form prescribed by the
agency.
16.11.b. The agency may at
any time after the filing of the original application, and before the
expiration of the registration, require further statements in order to enable
the agency to determine whether the application should be granted or denied or
whether a registration should be modified or revoked.
16.11.c. Each application shall be signed by
the applicant or registrant or a person duly authorized to act for and on the
registrant's behalf.
16.11.d. An
application for a registration may include a request for a registration
authorizing one or more activities.
16.11.e. In an application, the applicant may
incorporate by reference information contained in previous applications,
statements, or reports filed with the agency provided such references are clear
and specific.
16.11.f. Applications
and documents submitted to the agency may be made available for public
inspection.
16.12.
Requirements for the Issuance of Specific Registrations.
16.12.a. A registration application will be
approved if the agency determines that:
16.12.a.1. The applicant is qualified by
reason of training and experience to use the TENORM in question for the purpose
requested in accordance with this rule in such a manner as to protect the
public health and safety or property;
16.12.a.2. The applicant's proposed
equipment, facilities, and procedures are adequate to protect the public health
and safety or property;
16.12.a.3.
The issuance of the registrant will not be inimical to the health and safety of
the public;
16.12.a.4. The
applicant satisfied all applicable special requirements in this Section;
and
16.12.a.5. The applicant has
met the financial surety requirements of Subsection 16.23.
16.12.a.6. The applicant has adequately
addressed the following items in the application:
16.12.a.6.A. Procedures and equipment for
monitoring and protecting workers;
16.12.a.6.B. An evaluation of the radiation
levels and concentrations of contamination expected during normal
operations;
16.12.a.6.C. Operating
and emergency procedures, including procedures for waste reduction and quality
assurance of items released for unrestricted use; and
16.12.a.6.D. A method for managing the
radioactive material removed from contaminated equipment and
facilities.
16.12.b. An application for a specific
registration to decontaminate equipment, land, or facilities contaminated with
TENORM in excess of the levels set forth in Subdivisions 16.4.a., 16.7.b., or
Table Oo, as applicable, and to dispose of the resulting waste will be approved
if:
16.12.b.1. The applicant satisfies the
general requirements specified in Subdivision 16.12.a.; and
16.12.b.2. The applicant has adequately
addressed the following items in the application:
16.12.b.2.A. Procedures and equipment for
monitoring and protection of workers;
16.12.b.2.B. An evaluation of the radiation
levels and concentrations of contamination expected during normal
operations;
16.12.b.2.C. Operating
and emergency procedures, including procedures for waste reduction and quality
assurance of items released for unrestricted use; and
16.12.b.2.D. Method of disposing of the
TENORM removed from contaminated equipment, facilities, and land.
16.12.c. An application
for a specific license to transfer materials or manufacture or distribute
products containing TENORM to persons exempted from this rule pursuant to
Subdivision 16.4.b. will be approved if:
16.12.c.1. The applicant satisfies the
general requirements specified in Subdivision 16.22.a.;
16.12.c.2. The TENORM is not contained in any
food, beverage, cosmetic, drug, or other commodity designed for ingestion or
inhalation by, or application to, a human being; and
16.12.c.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 TENORM material or product to demonstrate that the
material or product will meet the safety criteria set forth in Subsection
16.13. The information shall include:
16.12.c.3.A. A description of the material or
product and its intended use or uses;
16.12.c.3.B. The type, quantity, and
concentration of TENORM in each material or product;
16.12.c.3.C. The chemical and physical form
of the TENORM in the material or product, and changes in chemical and physical
form that may occur during the useful life of the material or
product;
16.12.c.3.D. An analysis
of the solubility in water and body fluids of the TENORM in the material or
product;
16.12.c.3.E. The details
of manufacture and design of the material or product relating to containment
and shielding of the TENORM and other safety features under normal and severe
conditions of handling, storage, use, reuse, and disposal of the material or
product;
16.12.c.3.F. The degree of
access of human beings to the material or product during normal handling, use,
and disposal;
16.12.c.3.G. The
total quantity of TENORM expected to be distributed annually in the material or
product;
16.12.c.3.H. The expected
useful life of the material or product;
16.12.c.3.I. The proposed method of labeling
or marking each unit of the material or product with identification of the
manufacturer or initial transferor of the product and the radionuclides and
quantity of TENORM in the material or product;
16.12.c.3.J. 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;
16.12.c.3.K. The results of the prototype
testing of the material or product, including any change in the form of the
TENORM contained in it, the extent to which the TENORM may be released to the
environment, any change in radiation levels, and any other changes in safety
features;
16.12.c.3.L. The
estimated external radiation doses and dose commitments relevant to the safety
criteria in Subsection 16.13. and the basis for such estimates;
16.12.c.3.M. A determination that the
probabilities with respect to doses referred to in Subsection 16.13. meet the
safety criteria;
16.12.c.3.N. 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
16.12.c.3.O. Any additional information,
including experimental studies and tests, required by the agency to facilitate
a determination of the radiation safety of the material or product.
16.12.d.
Notwithstanding the provisions of Subdivision 16.13.b., the agency may deny an
application for a specific registration if the end uses of the product are
frivolous or cannot be reasonably foreseen.
16.13. Safety Criteria for Products. An
applicant for a registration under Subdivision 16.12.c. shall demonstrate that
the product is designed and will be manufactured so that:
16.13.a. In normal use and disposal of a
single exempt item, and in normal handling and storage of the quantities of
exempt items likely to accumulate in one location during marketing,
distribution, installation, and servicing of the product, it is unlikely that
the TEDE in any one year, to a suitable sample of the group of individuals
expected to be most highly exposed to radiation or radioactive material from
the product will exceed the doses in Column I of 16.14.
16.13.b. In use and disposal of a single
exempt item and in handling and storage of the quantities of exempt items
likely to accumulate in one location during marketing, distribution,
installation, and servicing of the product, the probability is low that the
containment, shielding, or other safety features of the product would fail
under such circumstances that a person would receive an external radiation dose
or dose commitment in excess of the dose to the appropriate organ as specified
in Column II of the Table in Subsection 16.14. and the probability is
negligible that a person would receive an external radiation dose or dose
commitment in excess of the dose to the appropriate organ as specified in
Column III of the Table in Subsection 16.14.
16.13.c. It is unlikely that there will be a
significant reduction in the effectiveness of the containment, shielding, or
other safety features of the product from wear and abuse likely to occur in
normal handling and use of the product during its useful life.
16.14. Table of Organ
Doses.
16.15. Issuance of Specific
Registrations.
16.15.a. Upon a determination
that an application meets the requirements of this rule, the agency will issue
a specific registration authorizing the proposed activity in such form and
containing such conditions and limitations as it deems appropriate or
necessary.
16.15.b. The agency may
incorporate in any license at the time of issuance, or thereafter by amendment,
such additional requirements and conditions with respect to the registrant's
receipt, possession, use, and transfer of TENORM subject to this Section as it
deems appropriate or necessary in order to:
16.15.b.1. Protect public health and safety
or property;
16.15.b.2. Require
such reports and the keeping of such records, and to provide for such
inspections of activities under the license as may be appropriate or necessary;
and
16.15.b.3. Prevent loss, theft,
or loss of control of TENORM subject to this Section.
16.16. Conditions of Specific
Registration Issued Under Section 16.12.
16.16.a. General Terms and Conditions
16.16.a.1. Each registration issued pursuant
to this Section shall be subject to all the provisions of this rule, now or
hereafter in effect, and to all rules, and orders of the agency.
16.16.a.2. No registration issued or granted
under this Section and no right to possess or utilize TENORM granted by any
registration issued pursuant to this Section shall be transferred, assigned, or
in any manner disposed of, either voluntarily or involuntarily, directly or
indirectly, through transfer of control of any registration to any person
unless the agency shall, after securing full information, find that the
transfer is in accordance with the provisions of this rule, and shall give its
consent in writing.
16.16.a.3. Each
person registered by the agency pursuant to this Section shall confine use and
possession of the TENORM registered to the locations and purposes authorized in
the registration.
16.16.a.4. Each
person registered by the agency pursuant to this Section is subject to the
general license provisions of Subsections 16.6, 16.7. and 16.8.
16.16.a.5. Each registrant shall:
16.16.a.5.A. Notify the agency, in writing,
immediately following the filing of a voluntary or involuntary petition for
bankruptcy under any Chapters of Title II (bankruptcy) of the United States
Code (11 U.S.C.) by or against:
16.16.a.5.A.1. A registrant;
16.16.a.5.A.2. An entity controlling a
registrant or listing the registration or registrant as property of the estate;
or
16.16.a.5.A.3. An affiliate of
the registrant.
16.16.a.5.B. Indicate in their Bankruptcy
notification:
16.16.a.5.B.1. The bankruptcy
court in which the petition for bankruptcy was filed; and
16.16.a.5.B.2. The date of the filing of the
petition.
16.16.b. Quality Control, Labeling, and
Reports of Transfer. Each person registered under Subdivision 16.12.c. shall:
16.16.b.1. Carry out adequate control
procedures in the manufacture of the product to assure that each production lot
meets the quality control standards approved by the agency;
16.16.b.2. Label or mark each unit so that
the manufacturer, processor, producer, or initial transferor of the material or
product and the TENORM in the product can be identified; and
16.16.b.3. Maintain records identifying, by
name and address, each person to whom TENORM is transferred for use under
Subdivision 16.4.b. or the equivalent regulations of a licensing state, and
stating the kinds, quantities, and uses of TENORM transferred. An annual
summary report stating the total quantity of each radionuclide transferred
under the specific registration shall be filed with the agency. Each report
shall cover the year ending December 31, and shall be filed within ninety (90)
days thereafter. If no transfers of TENORM have been made pursuant to
Subdivision 16.12.c. during the reporting period, the report shall so
indicate.
16.17. Expiration and Termination of Specific
Registrations.
16.17.a. Except as provided in
Paragraph 16.17.d.6. and Subdivision 16.18.b., each specific registration shall
expire at the end of the specified day in the month and year stated
therein.
16.17.b. Each registrant
shall notify the agency in writing and request termination of the registration
when the registrant decides to terminate all activities involving TENORM
authorized under the registration. This notification and request for
termination of the registration must include the reports and information
specified in Paragraph 16.17.d.6. The registrant is subject to the provisions
of Subdivisions 16.17.d. and 16.17.e., as applicable.
16.17.c. No less than thirty (30) days before
the expiration date specified in a specific registration, the registrant shall
either:
16.17.c.1. Submit an application for
registration renewal under Subsection 16.18.; or
16.17.c.2. Notify the agency in writing,
under Subdivision 16.17.b., if the registrant decides to discontinue all
activities involving TENORM.
16.17.d. If a registrant does not submit an
application for registration renewal under Subsection 16.18., the registrant
shall, on or before the expiration date specified in the registration:
16.17.d.1. Terminate use of TENORM;
16.17.d.2. Remove TENORM contamination
consistent with the requirements of Subsection 16.7.;
16.17.d.3. Properly dispose of TENORM;
and
16.17.d.4. Submit a report of
disposal of TENORM and radiation surveys to confirm the absence of TENORM or to
establish the levels of residual TENORM contamination. The registrant shall, as
appropriate:
16.17.d.4.A. Report levels of
radiation in units of microroentgens per hour of beta and gamma radiation at
one (1) centimeter and gamma radiation at one meter from surfaces and report
levels of radioactivity in units of disintegrations per minute (or microcuries)
per one hundred (100) square centimeters removable and fixed on surfaces,
microcuries or Becquerel per milliliter in water, and picocuries or Becquerels
per gram in contaminated solids such as soils or concrete; and
16.17.d.4.B. Specify the instruments used and
certify that each instrument is properly calibrated and tested.
16.17.d.5. If levels of residual
activity are less than those established in Subsection 16.7., the registrant
shall so certify. If the agency determines that this certification and the
information submitted under Paragraph 16.17.d.4. is adequate and surveys
confirm the findings, the agency will notify the registrant in writing that the
registration is terminated.
16.17.d.6. If levels of residual TENORM are
not in conformance with criteria established in Subsection 16.17., the
registration continues in effect beyond the expiration date, if necessary, with
respect to possession of residual TENORM until the agency notifies the
registrant in writing that the registration is terminated. During this time,
the registrant is subject to the provisions of Subdivision 16.17.e. In addition
to the information submitted under Paragraph 17.17.d.4., the registrant shall
submit a plan, if appropriate, for decontaminating the location or locations
and disposing of the residual TENORM.
16.17.e. Each registrant who possesses
residual TENORM under Paragraph 16.17.d.6., following the expiration date
specified in the registration, shall:
16.17.e.1. Be limited to actions involving
TENORM related to preparing the locations for release for unrestricted use;
and
16.17.e.2. Continue to control
entry to restricted areas until the locations are suitable for release for
unrestricted use and the agency notifies the registrant in writing that the
registration is terminated.
16.18. Renewal of Specific Registrations.
16.18.a. Applications for renewal of specific
registrations shall be filed in accordance with Subsection 16.11.
16.18.b. In any case in which a registration,
not less than thirty (30) days prior to expiration of an existing registration,
has filed an application in proper form for renewal or for a new registration
authorizing the same activities, such existing registration shall not expire
until final action by the agency.
16.19. Amendment of Specific Registrations at
Request of Registrant. Applications for amendment of a registration shall be
filed in accordance with Subsection 16.11. and shall specify the respects in
which the registrant desires the registration to be amended and the grounds for
such amendment.
16.20. Agency
Action on Applications to Renew and Amend Specific Registrations. In
considering an application by a registrant to renew or amend the registration,
the agency will apply the criteria set forth in Subsection 16.12.
16.21. Modification and Revocation of
Specific Registrations.
16.21.a. The terms
and conditions of all registrations shall be subject to amendment, revision, or
modification or the registration may be suspended or revoked by reason of
amendments to this rule, or by reason of rules, regulations, and orders issued
by the agency.
16.21.b. Any
registration may be revoked, suspended, or modified, in whole or in part, for
any material false statement in the application or any statement of fact
required under provisions of this rule, 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 agency to refuse to grant a registration on
an original application, or for violation of, or failure to observe any of the
terms and conditions of this rule, or of the registration, or of any rule,
regulation, or order of the agency.
16.21.c. Except in cases of willfulness or
those in which the public health, interest or safety requires otherwise, the
agency shall not modify, suspend or revoke a registration prior to the
institution of proceedings unless facts or conduct which may warrant such
action shall have been called to the attention of the registrant in writing and
the registrant shall have been accorded an opportunity to demonstrate or
achieve compliance with all lawful requirements.
16.22. Reciprocal Recognition of Specific
Registrations. Subject to this rule, any person who holds a specific
registration from an agreement state or a licensing state, and issued by the
agency having jurisdiction where the registrant maintains an office for
directing the registered activity and at which radiation safety records are
normally maintained, is hereby granted a general registration to conduct the
activities authorized in such registering document within this state for a
period not in excess of 180 days in any calendar year provided that:
16.22.a. The registering document does not
limit the activity authorized by such document to specified installations or
locations;
16.22.b. The
out-of-state registrant notifies the agency in writing at least three (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 registering document. If, for a
specific case, the three (3) day period would impose an undue hardship on the
out-of-state registrant , the registrant may, upon application to the agency,
obtain permission to proceed sooner. The agency 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 registration provided in Subdivision
16.22.a.;
16.22.c. The out-of-state
registrant complies with all applicable rules of the agency and with all the
terms and conditions of the registering document, except any such terms and
conditions which may be inconsistent with applicable rules of the
agency;
16.22.d. The out-of-state
registrant supplies such other information as the agency may request;
and
16.22.e. The out-of-state
registrant shall not transferor dispose of TENORM possessed or used under the
general registration provided in Subdivision 16.22.a. except by transfer to a
person:
16.22.e.1. Specifically registered by
the agency or by another licensing state to receive such TENORM; or
16.22.e.2. Exempt from the requirements for a
registration for such TENORM under Section 16.4.
16.23. Financial Surety
Arrangements. Pursuant to §64 CSR 23, each registrant or applicant for a
registration under Subsection 16.12. shall post with the agency financial
surety, or security, to ensure the protection of the public health and safety
and the environment in the event of abandonment, default, or other inability or
unwillingness of the registrant to meet the requirements of this rule.
Financial surety arrangements shall:
16.23.a.
Consist of cash deposits, certificates of deposit, government securities,
irrevocable letters or lines of credit, or any combination of these;
16.23.b. Be in an amount sufficient to meet
the applicant's or registrant's obligations under the act and this rule and
shall be based upon agency approved cost estimates;
16.23.c. Be established prior to issuance of
the registration or the commencement of operations to assure that sufficient
funds will be available to carry out the decontamination and decommissioning of
the facility;
16.23.d. Be
continuous for the duration of the registration and for a period coincident
with the applicant or registrant responsibility under this rule;
16.23.e. Be available in West Virginia
subject to judicial process and execution in the event required for the
purposes set forth; and
16.23.f. Be
established within ninety (90) days of July 1, 2001 for registrations in effect
on that date.
Notes
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No prior version found.