| (-b-) The product, and any radioactive material from
the product, may be transferred to a person authorized by a specific
license to receive the radium-226 or as otherwise approved by the
agency.
(III) The general license in this subparagraph does
not authorize the manufacture, assembly, disassembly, repair, or import
of products containing radium-226, except that timepieces may be disassembled
and repaired provided that paint containing radium-226 is not applied
or removed.
(IV) Not export products containing radium-226 except
in accordance with or equivalent regulations of the NRC Title 10,
CFR, §110.
(V) Dispose of products containing radium-226 at a
disposal facility authorized to dispose of radioactive material in
accordance with any federal or state solid or hazardous waste law,
including the Solid Waste Disposal Act, as authorized under the Energy
Policy Act of 2005, by transfer to a person authorized to receive
radium-226 by a specific license issued under this section, or under
equivalent regulations of the NRC, or any agreement state.
(VI) Respond to written requests from the agency, the
NRC, or any agreement state to provide information relating to the
general license within 30 calendar days of the date of the request,
or other time specified in the request. If the general licensee cannot
provide the requested information within the allotted time, it shall,
within that same time period, request a longer period to supply the
information by providing the agency, the NRC, or any agreement state
a written justification for the request.
(g) General license acknowledgements for radioactive
material other than source material. In addition to the requirements
of this section, all general license acknowledgement holders, unless
otherwise specified, are subject to the requirements of §§289.201,
289.202(ww) and (xx), 289.204, 289.205, and 289.257 of this title.
(1) Persons possessing a general license for devices
in accordance with subsection (f)(4)(H) of this section and being
in the possession of radioactive material in devices containing at
least 370 MBq (10 mCi) of cesium-137, 3.7 MBq (0.1 mCi) of strontium-90,
37 MBq (1 mCi) of cobalt-60, 3.7 MBq (0.1 mCi) of radium-226, 37 MBq
(1 mCi) of americium-241, or any transuranic (for example, element
with atomic number greater than uranium (92)), based on the activity
indicated on the label on the device, shall file an application for
acknowledgement within 30 days of receipt, acquisition, or possession
of such a device. The application shall be on a form prescribed by
the agency to include the following information and any other information
specifically requested by the agency:
(A) name and mailing address of the general licensee;
(B) information about each device to include the manufacturer
(or initial transferor), model number, and serial number of the device,
and the radioisotope and activity (as indicated on the label), and
serial number of the source;
(C) name, title, and telephone number of the responsible
person designated as a representative of the general licensee in accordance
with subsection (f)(4)(H)(iv)(XIII) of this section;
(D) address or location at which the device(s) are
used and/or stored. For portable devices, the address of the primary
place of storage;
(E) certification by the responsible representative
of the general licensee that the information concerning the device(s)
has been verified through a physical inventory and checking of label
information;
(F) certification by the responsible representative
of the general licensee that they are aware of the requirements of
this section; and
(G) a completed RC Form 252-1, Business Information
Form and the applicable fee as required by §289.204 of this title.
(2) Persons generally licensed by the agency, the NRC,
or any agreement state with respect to devices meeting the criteria
in paragraph (1) of this subsection, are not subject to the requirements
of paragraph (1) of this subsection if the devices are used in areas
subject to agency jurisdiction for a period less than 180 days in
any calendar year.
(3) Persons possessing a device meeting the criteria
of paragraph (1) of this subsection shall respond annually to the
General License Acknowledgement Self Evaluation Form provided by the
agency. The form shall be completed in accordance with the instructions
contained in the form. The completed form shall be submitted to the
agency within 30 days of receipt.
(4) Each address for a location of use, as described
under paragraph (1)(D) of this subsection, represents a separate general
licensee and requires a separate registration and fee.
(h) Issuance of general license acknowledgements.
(1) When the agency determines that an application
meets the requirements of the Act and the rules of the agency, the
agency may issue a general license acknowledgement recognizing the
general license authorizing the activity in such form and containing
the conditions and limitations as it deems appropriate or necessary.
(2) The agency may incorporate in any general license
acknowledgement at the time of issuance, or thereafter by amendment,
additional requirements and conditions with respect to the licensee's
receipt, possession, use, and transfer of radioactive material subject
to this section as the agency deems appropriate or necessary in order
to:
(A) minimize danger to occupational and public health
and safety or the environment;
(B) require reports and the keeping of records, and
to provide for inspections of activities in accordance with the license
as may be appropriate or necessary; and
(C) prevent loss or theft of material subject to this
section.
(3) The agency may request, and the licensee shall
provide, additional information after the general license acknowledgement
has been issued to enable the agency to determine whether the general
license acknowledgement should be modified in accordance with subsection
(k) of this section.
(i) Specific terms and conditions.
(1) Each general license acknowledgement issued in
accordance with this section shall be subject to the applicable provisions
of the Act, now or hereafter in effect, and to the applicable rules
and orders of the agency.
(2) Each person holding a general license acknowledgement
issued by the agency in accordance with this section shall confine
use and possession of the devices and radioactive material identified
in the general license acknowledgement to the locations specified
in the general license acknowledgement. Radioactive material shall
not be used or stored in residential locations unless authorized by
the agency. Each person holding a general license acknowledgement
issued by the agency shall obtain prior approval from the agency before
storing or using radioactive material in an area not previously authorized
in the general license acknowledgement.
(3) Each holder of a general license acknowledgement
shall notify the agency, in writing, immediately following the filing
of a voluntary or involuntary petition for bankruptcy by the general
license acknowledgement holder or its parent company.
(4) The notification in paragraph (3) of this subsection
shall include:
(A) the bankruptcy court in which the petition for
bankruptcy was filed; and
(B) the date of the filing of the petition.
(5) A copy of the "Petition for Bankruptcy" shall be
submitted to the agency with the written notification.
(j) Termination of general license acknowledgements.
(1) Each holder of a general license acknowledgement
shall notify the agency immediately, in writing, and request termination
of the general license acknowledgement when the holder of the general
license acknowledgement decides to terminate all activities involving
materials specified in the general license acknowledgement.
(2) Each holder of a general license acknowledgement
shall, no less than 30 days before vacating or relinquishing possession
of control of premises that have been used as a place of storage or
use of radioactive material as a result of general licensed activities,
notify the agency in writing of intent to vacate and do the following:
(A) terminate use of radioactive material;
(B) dispose of radioactive material in accordance with
this section and/or §289.202(ff) of this title; and
(C) pay any outstanding fees in accordance with §289.204
of this title.
(k) Amendment of general license acknowledgements.
(1) The holder of the general license acknowledgement
required by subsection (g)(1) of this section shall report in writing
to the agency any changes in information furnished by the holder of
the general license acknowledgement. The report shall be submitted
within 30 days after the effective date of such change.
(2) Applications for amendments of a general license
acknowledgement shall be filed in accordance with subsection (g)(1)(A)
- (F) of this section, as applicable, and shall specify the respects
in which the holder of a general license acknowledgement desires a
general license acknowledgement to be amended.
(l) Appendices.
(1) Exempt concentrations.
Attached Graphic
(2) Exempt quantities.
Attached Graphic
|
| Source Note: The provisions of this §289.251 adopted to be effective September 1, 2004, 29 TexReg 7396; amended to be effective May 1, 2008, 33 TexReg 3417; amended to be effective February 18, 2010, 35 TexReg 1223; amended to be effective March 22, 2015, 40 TexReg 1386; amended to be effective March 1, 2016, 41 TexReg 1444; amended to be effective September 24, 2018, 43 TexReg 6289 |
