(a) The licensee shall not transfer source material,
by-product material, or other licensed radioactive material except
as authorized under the rules in this subchapter.
(b) Except as otherwise provided in the license and
subject to the provisions of subsections (c) and (d) of this section,
a licensee shall transfer source material, by-product material, or
other licensed radioactive material:
(1) to the agency (A licensee shall transfer material
to the agency only after receiving prior approval from the agency.
If the material to be transferred is special nuclear material, the
quantity must not be sufficient to form a critical mass.);
(2) to the United States Department of Energy;
(3) to any person exempt from licensing requirements
by the Texas Department of State Health Services (DSHS) under the
Texas Health and Safety Code, §401.106(a), the rules in this
chapter, or exempt from the licensing requirements of the United States
Nuclear Regulatory Commission (NRC) or an Agreement State, to the
extent permitted by those exemptions;
(4) to any person authorized to receive this material
under terms of a specific or a general license or its equivalent issued
by the commission, DSHS, NRC, or any Agreement State, or to any person
authorized to receive this material by the federal government; or
(5) as otherwise authorized by the commission in writing
by DSHS, any Agreement State, or the federal government.
(c) Before transferring source material, by-product
material, or other radioactive material to a specific licensee of
the commission, DSHS, NRC, or an Agreement State or to a general licensee
who is required to register with DSHS, NRC, or an Agreement State
prior to receipt of the source material, by-product material, or other
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.
(d) The following methods for the verification required
by subsection (c) of this section are acceptable.
(1) The transferor shall possess and have read a current
copy of the transferee's specific license or certificate of registration.
(2) The transferor may possess a written certification
by the transferee that the transferee is authorized by the license
or certificate of registration to receive the type, form, and quantity
of radioactive material to be transferred, specifying the license
or certificate of registration number, issuing agency, and expiration
date.
(3) For emergency shipments, the transferor may accept
oral certification by the transferee that the transferee is authorized
by license or certificate of registration to receive the type, form,
and quantity of radioactive material to be transferred, specifying
the license or certificate of registration number, issuing agency,
and expiration date, provided that the oral certification is confirmed
in writing within ten days.
(4) The transferor may obtain other sources of information
compiled by a reporting service from official records of the commission,
DSHS, NRC, or an Agreement State as to the identity of licensees and
registrants and the scope and expiration dates of licenses and registrations.
(5) When none of the methods of verification described
in paragraphs (1) - (4) of this subsection are readily available or
when a transferor desires to verify that information received by one
of these methods is correct or up-to-date, the transferor may obtain
and record confirmation from the commission, DSHS, NRC, or an Agreement
State that the transferee is licensed to receive the source material,
by-product material, or other radioactive material.
(e) Transportation of radioactive material shall also
be subject to applicable rules of the United States Department of
Transportation, United States Postal Service, NRC, or DSHS.
(f) The licensee shall keep records showing the transfer
of any source material, by-product material, or other radioactive
material.
(g) Transfer of low-level radioactive waste by a waste
generator, waste collector, or waste processor who ships this waste
either directly, or indirectly through a collector or processor, to
a licensed land disposal facility shall also be subject to applicable
rules of DSHS. A commission licensee who transfers low-level radioactive
waste for disposal at a licensed land disposal facility shall also
be subject to applicable rules of DSHS with respect to transfers.
(h) A licensed land disposal facility operator shall
use and comply with the requirements of §336.363 of this title
(relating to Appendix F. Requirements for Receipt of Low-Level Radioactive
Waste for Disposal at Licensed Land Disposal Facilities and Uniform
Manifests).
(i) Any licensee shipping by-product material, as defined
in §336.2(16)(C) - (E) of this title (relating to Definitions)
concerning the definition of by-product material, intended for ultimate
disposal must document the information required on the shipping manifest
and transfer this recorded manifest information to the intended consignee.
|