| (II) radioactivity, including alpha and beta, in units
of disintegrations per minute (dpm) or microcuries (µCi) (megabecquerels
(MBq)) per 100 square centimeters (cm2 )
for surfaces;
(III) µCi (MBq) per milliliter for water; and
(IV) picocuries (pCi) (becquerels (Bq)) per gram (g)
for solids such as soils or concrete; and
(ii) specify the manufacturer's name and model and
serial number of survey instrument(s) used and certify that each instrument
is properly calibrated in accordance with §289.202(p) of this
title and tested.
(16) The department will provide written notification
to specific licensees, including former licensees with provisions
continued in effect beyond the expiration date in accordance with
paragraph (3) of this subsection, that the provisions of the license
are no longer binding. The department will provide such notification
when the department determines that:
(A) radioactive material has been properly disposed;
(B) reasonable effort has been made to eliminate residual
radioactive contamination, if present;
(C) a radiation survey has been performed that demonstrates
that the premises are suitable for release in accordance with the
radiological requirements for license termination specified in §289.202(ddd)
of this title, or other information submitted by the licensee is sufficient
to demonstrate that the premises are suitable for release in accordance
with the radiological requirements for license termination specified
in §289.202(ddd) of this title; and
(D) any outstanding fees in accordance with §289.204
of this title are paid and any outstanding notices of violations of
this chapter or of license conditions are resolved.
(17) Each licensee shall submit to the department all
records required by §289.202(nn)(3) of this title before the
license is terminated.
(z) Renewal of licenses.
(1) Requests for renewal of specific licenses shall
be filed in accordance with subsection (d)(1) - (4) and (6) - (8)
of this section. In any application for renewal, the applicant may
incorporate drawings by clear and specific reference (for example,
title, date and unique number of drawing), if no modifications have
been made since previously submitted.
(2) In any case in which a licensee, not less than
30 days before expiration of an existing license, has filed a request
in proper form for renewal or for a new license authorizing the same
activities, such existing license shall not expire until the request
has been finally determined by the department. In any case in which
a licensee, not more than 90 days after the expiration of an existing
license, has filed a request in proper form for renewal or for a new
license authorizing the same activities, the department may reinstate
the license and extend the expiration until the request has been finally
determined by the department. The requirements in this subsection
are subject to the provisions of Texas Government Code, §2001.054.
(3) An application for technical renewal of a license
will be approved if the department determines that the requirements
of subsection (e) of this section have been satisfied.
(aa) Amendment of licenses at request of licensee.
(1) Requests for amendment of a license shall be filed
in accordance with subsection (d)(1) - (4) of this section shall be
signed by management or the RSO, and shall specify the respects in
which the licensee desires a license to be amended and the grounds
for the amendment.
(2) Requests for amendments to delete a subsite from
a license shall be filed in accordance with subsections (d)(1) and
(2) and (y)(13) and (15) of this section.
(bb) Department action on requests to renew or amend.
In considering a request by a licensee to renew or amend a license,
the department will apply the criteria in subsection (e) of this section
as applicable.
(cc) Transfer of material.
(1) No licensee shall transfer radioactive material
except as authorized in accordance with this chapter. This subsection
does not include transfer for commercial distribution.
(2) Except as otherwise provided in a license and subject
to the provisions of paragraphs (3) and (4) of this subsection, any
licensee may transfer radioactive material:
(A) to the department (A licensee may transfer material
to the department only after receiving prior approval from the department);
(B) to the United States Department of Energy (DOE);
(C) to any person exempt from this section to the extent
permitted in accordance with such exemption;
(D) to any person authorized to receive such material
in accordance with the terms of a general license or its equivalent,
or a specific license or equivalent licensing document, issued by
the department, the NRC, or any agreement state, or to any person
otherwise authorized to receive such material by the federal government
or any agency of the federal government, the department, or any agreement
state; or
(E) as otherwise authorized by the department in writing.
(3) Before transferring radioactive material to a specific
licensee of the department, the NRC, or any agreement state, or to
a general licensee who is required to register with the department,
the NRC, or any agreement state before receipt of the radioactive
material, the licensee transferring the material shall verify that
the transferee's license authorizes the receipt of the type, form,
and quantity of radioactive material to be transferred.
(4) The following methods for the verification required
by paragraph (3) of this subsection are acceptable.
(A) The transferor may possess and have read a current
copy of the transferee's specific license.
(B) When a current copy of the transferee's specific
license described in subparagraph (A) of this paragraph is not readily
available or when a transferor desires to verify that information
received is correct or up-to-date, the transferor may obtain and record
confirmation from the department, the NRC, or any agreement state
that the transferee is licensed to receive the radioactive material.
(5) Preparation for shipment and transport of radioactive
material shall be in accordance with the provisions of subsection
(ff) of this section.
(6) Requirements for transfer of small quantities of
source material.
(A) An application for a specific license to initially
transfer source material for use in accordance with §289.251(f)(3)
of this title; Title 10, CFR, §40.22; or equivalent regulations
of any agreement state, will be approved if:
(i) the applicant satisfies the general requirements
specified in subsection (e) of this section; and
(ii) the applicant submits adequate information on,
and the department approves the methods to be used for quality control,
labeling, and providing safety instructions to recipients.
(B) Quality control, labeling, safety instructions,
and records and reports. Each person licensed under subparagraph (A)
of this paragraph shall:
(i) label the immediate container of each quantity
of source material with the type of source material and quantity of
material and the words, "radioactive material."
(ii) ensure that the quantities and concentrations
of source material are as labeled and indicated in any transfer records.
(iii) provide the information specified in this clause
to each person to whom source material is transferred for use under §289.251(f)(3)
of this title; Title 10, CFR, §40.22; or equivalent regulations
of any agreement state. This information must be transferred before
the source material is transferred for the first time in each calendar
year to the particular recipient. The required information includes:
(I) a copy, as applicable, of §289.251(f)(3) of
this title; Title 10, CFR, §40.22; or the equivalent agreement
state regulation that applies; and of this subsection; Title 10, CFR, §40.51;
or the equivalent agreement state regulations that apply; and
(II) appropriate radiation safety precautions and instructions
relating to handling, use, storage, and disposal of the material.
(iv) report transfers as follows:
(I) File a report with the department and the Director,
Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555. The report shall include the following
information:
(-a-) the name, address, and license number of the
person who transferred the source material;
(-b-) for each general licensee under §289.251(f)(3)
of this title; Title 10, CFR, §40.22; or equivalent regulations
of any agreement state to whom greater than 50 grams (0.11 lb) of
source material has been transferred in a single calendar quarter,
the name and address of the general licensee to whom source Cont'd... |
