ML24088A180
| ML24088A180 | |
| Person / Time | |
|---|---|
| Issue date: | 04/23/2024 |
| From: | NRC/NMSS/DMSST |
| To: | State of CT, Dept of Energy and Environmental Protection |
| Shared Package | |
| ML24088A183 | List: |
| References | |
| Download: ML24088A180 (22) | |
Text
Page 1 of 22 State of Connecticut REGULATION of the NAME OF AGENCY:
Department of Energy and Environmental Protection Concerning SUBJECT MATTER OF REGULATION:
Adoption of Sections 22a-153-1 through 22a-153-150, inclusive; and Repeal of Sections 19-24-1 to 19-24-14, inclusive, Sections 19-25a-1 through 19-25a-5, inclusive, and Sections 19-25d-1 through 19-25d-11, inclusive, of the Regulations of Connecticut State Agencies Use and Control of Radioactive Materials; Civil Penalties Section 1. The Regulations of Connecticut State Agencies are amended by adding sections 22a-153-1 to 22a-153-150, inclusive, as follows:
PART A - RADIOACTIVE MATERIAL (NEW) Section 22a-153-1. Radioactive Materials.
(a)
Applicability.
(1)
This section, except as otherwise specifically provided, applies to all persons who use, produce, transport, store, possess or dispose of radioactive materials within the state of Connecticut.
(2)
This section shall not apply to any person to the extent such person is subject to regulation by the U.S. Nuclear Regulatory Commission (NRC).
(b)
Requirements.
(1) Any person in possession or control of radioactive material shall obtain a license for such radioactive materials in accordance with regulations adopted pursuant to section 22a-153 of the Connecticut General Statutes.
(2) The regulations contained in 10 CFR 19, 20, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 61, 70, 71,150, 170, and 171, as may be amended from time to time, are incorporated by reference with the exceptions set forth in Table 1.0 of this section.
(3) Any person subject to this section shall comply with the applicable requirements of 10 CFR 19, 20, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 61, 70, 71, 150, 170, and 171 with the exceptions set out in Table 1.0 of this section.
Page 2 of 22 Table 1.0 - Incorporation by Reference of 10 CFR 19, 20, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 70, 71, 150, 170, and 171 with Exceptions.
10 CFR Title Exceptions Applicable Connecticut Regulation 19 Notices, instructions and reports to workers: inspection and investigations.
Sections 19.4; 19.5; 19.8; 19.11(a)(4),
(b), and (e); 19.14(a); 19.30 and 19.40 are not incorporated. In 10 CFR 19.2(a);, 19.3 definitions of license and regulated entities;, 19.11, and 19.20, references to parts of Chapter 10 of the Federal Code of Regulations that remain under NRCs regulatory authority (e.g., 10 CFR Parts 50, 52, 54, 60, 63, 72, and 76) are not incorporated.
No applicable Connecticut Regulation.
20 Standards for protection against radiation Sections 20.1003 definitions of Byproduct Material, Commission, Department, Person, Source Material and Special Nuclear Material;,
20.1006; 20.1009; 20.1405(b); 20.1406(b); 20.1905 (g); 20.2203(c) and (d); 20.2206(a)(1), (3), (4), (5),
and (6); 20.2401; and 20.2402 are not incorporated.
In 20.1002, and 20.1401, and 20.1406, references to parts of Chapter 10 of the Federal Code of Regulations that remain under NRCs regulatory authority (e.g., 10 CFR Parts 50, 52, 54, 60, 63, 72, and 76) are not incorporated.
22a-153-20 Standards for Protection Against Radiation.
30 Rules of general applicability to domestic licensing of byproduct material.
Sections 30.4 definitions of Byproduct material, Commission, Department, Person, Sealed source, Source Material and Special Nuclear Material;, 30.5;, 30.6;,
30.8,; 30.21(c);, 30.34(d), and (e)(1) and (e)(3), and (k);, 30.41(b)(6);, 30.55;, 30.63;,
and 30.64 are not incorporated. Paragraph 2 of the definition of commencement of construction and paragraph 9(ii) of the definition of construction construction in section 30.4 are not incorporated. In 10 CFR 30.10(b), the reference to 10 CFR 2 relating to deliberate misconduct is replaced with Sections 22a-158c and 22a-6b of the Connecticut General Statutes. In 10 CFR 30.50(c)(1), a reference to NRC Operations Center means Department as defined in subsection (c) of this section.
22a-153-30 Rules of general applicability to licensing of radioactive materials.
31 General domestic licenses for byproduct material.
Sections 31.4;, 31.22; and 31.23 are not incorporated. In 10 CFR 31.5(c)(7), the phrase part 110 is replaced by 10 CFR part 110..
22a-153-31 General licenses for radioactive material.
Page 3 of 22 32 Specific domestic licenses to manufacture or transfer certain items containing byproduct material.
Sections 32.1(c)(1);, 32.8;, 32.11;, 32.12;, 32.14;,
32.15;, 32.16;, 32.18;, 32.19;, 32.20;, 32.21;,
32.21a;, 32.22,; 32.23;, 32.25;, 32.26;, 32.27;,
32.28,; 32.29;, 32.30;, 32.31; and 32.32 are not incorporated.
No applicable Connecticut Regulation.
33 Specific domestic licenses of broad scope for byproduct material.
Sections 33.8,; 33.21; and 33.23 are not incorporated.
No applicable Connecticut Regulation.
34 Licenses for industrial radiography and radiation safety requirements for industrial radiographic operations.
Sections 34.3 definition of Sealed source;, 34.5;,
34.8;, 34.121; and 34.123 are not incorporated.
No applicable Connecticut Regulation.
35 Medical use of byproduct material.
Sections 35.2 definition of Sealed source;, 35.8;,
35.11(c)(1);, 35.13(a)(1);, 35.4001; and 35.4002 are not incorporated.
22a-153-35 Medical Use of Byproduct Material.
36 Licenses and radiation safety requirements for irradiators.
Sections 36.2 definition of Sealed source;, 36.5;,
36.8,; 36.91,; 36.93 are not incorporated. The words common defense and security in 10 CFR 36.17(a) and in 36.2 definitions for Commencement of Construction and Construction.are not incorporated.
No applicable Connecticut Regulation.
37 Physical protection of category 1 and category 2 quantities of radioactive material.
Sections 37.3(b)(2);, 37.5 definitions of Byproduct material, Commission and Person;, 37.7;, the words common defense and security in 37.11(a);,
37.13;, 37.73(d) and (e);, 37.107; and 37.109 are not incorporated.
No applicable Connecticut Regulation.
39 Licenses and radiation safety requirements for well logging.
Sections 39.2 definition of Sealed source;, 39.5;,
39.8;, the words common defense and security in 39.91;, 39.101; and 39.103 are not incorporated.
No applicable Connecticut Regulation.
40 Domestic licensing of source material.
Sections 40.4 definitions of Byproduct Material, Commission, Department, Persons, Foreign Obligations, Reconciliation, Source Material, and Special Nuclear Material;, 40.6;, 40.8;,
40.12(b);, 40.13(c)(5)(iv);, 40.23;, 40.27;, 40.28;,
40.31(j), (k), (l), (m) ;, 40.32(d), (e) and (g);,
40.33;, 40.38,; 40.41(d), (e)(1) and (e)(3), (g), and (h);, 40.51(b)(6);, 40.52;, 40.53;, 40.56;, 40.64;,
40.66;, 40.67;, 40.81;, 40.82;, and 10 CFR Part 40 Appendix A Criterion 11 A through F and Criterion 12 are not incorporated. Paragraph 2 of the definition of commencement of construction and paragraph 9(ii) of the definition of construction in section 40.4 are not incorporated. The definitions of Foreign Obligation and Reconciliation are not incorporated.
No applicable Connecticut Regulation.
Page 4 of 22 61.55 61.56 61.57 Licensing Requirements for Land Disposal of Radioactive Waste.
Sections 61.1;, 61.3 through 61.54;, and 61.58 through 61.84 are not incorporated.
No applicable Connecticut Regulation.
70 Domestic licensing of special nuclear material.
Sections 70.1(c), (d) and (e);, 730.4 definitions of Byproduct Material, Commission, Department, Person, Sealed source, Source Material and Special Nuclear Material;, 70.5;,
70.6;, 70.8;, 70.13;, 70.14;, 70.20a;, 70.20b;,
70.21(a)(1), (c), (f), (g), and (h);, 70.22(b), (c), (f),
(g), (h), (i), (j), (k), (l), (m) and (n);, 70.23(a)(1), (6) through, (7), (8), (9), (10), (11) and (a)(12) and (b),; 70.23a;, 70.24;, 70.25(a)(1);, 70.31(c), (d) and (e);, 70.32(a)(1), (a)(4) through, (5), (6) and (a)(7);,
70.32(b)(1), (b)(3), and (b)(4), (c) through, (d), (e),
(f), (g), (h), (i), (j) and (k);, 70.37,; 70.40,;
70.42(b)(6),; 70.44,; 70.50(d),; 70.51(c);,), 70.52,;
70.55(c)(1), (2) and (3),; 70.59,; 70.60,; 70.61,;
70.62,; 70.64,; 70.65,; 70.66,; 70.72,; 70.73,; 70.74,;
70.76,; 70.82,; 70.91,; 70.92,; and 10 CFR Part 70 Appendix A are not incorporated. Paragraph 2 of the definition of commencement of construction and paragraph 9(ii) of the definition of construction in section 70.4 are not No applicable Connecticut Regulation.
71 Packaging and transportation of radioactive material.
Sections 71.2,; 71.6,; 71.11,; 71.14(b),; 71.19,;
71.31,; 71.33,; 71.35,; 71.37,; 71.38,; 71.39,; 71.41,;
71.43,; 71.45,; 71.51,; 71.55,; 71.59,; 71.61,; 71.63,;
71.64,; 71.65,; 71.70,; 71.71,; 71.73,; 71.74,; 71.75,;
71.77,; 71.85(a), (b), and (c);, 71.91(b),; 71.99,;
71.100,; 71.101 (c)(2), (d) and (e);, 71.107,;
71.109,; 71.111,; 71.113,; 71.115,; 71.117,; 71.119,;
71.121,; 71.123,; and 71.125 are not incorporated.
The term applicant when used in 10 CFR Part 71 is not incorporated. The words common defense and security in 71.12 are not incorporated.
No applicable Connecticut Regulation.
150.1 150.2 150.3 150.11 150.20 Exemptions and continued regulatory authority in Agreement States and in offshore waters under section 274.
Sections 150.3 definitions of Byproduct Material, Commission, Department, Foreign Obligations, Person, Reconciliation, Source Material, and Special Nuclear Material;, 150.4 through 150.10;, 150.14 through 150.19;, and 150.21 through 150.33 are not incorporated.
The definitions of Foreign Obligations and Reconciliation in section 150.3 are not incorporated.
22a-153-150 Reciprocal Recognition of Licenses.
Commented [A1]: 10 CFR 70.23(a)(1) presents some challenges from an incorporation by reference standpoint as there are several substitutions that would need to be made. Given that 70.23(a)(1) is compatibility category D, Connecticut may want to consider not incorporating 70.23(a)(1). Alternatively, Connecticut could add reconciliation language to Section 22a-153-1(b)(4).
Page 5 of 22 170 Fees for facilities, materials, import and export licenses, and other regulatory services under the Atomic Energy Act of 1954, as amended.
Sections 170.1;, 170.2(d);, 170.2(e);, 170.2(g) through 170.2(p);, 170.2(r);, 170.2(t);, 170.2(u);,
170.3;, 170.4;, 170.5;, 170.8;, 170.11(a)(1) through (12);, 170.12(c)(1),, 170.12(c)(3),, and 170.12(d) through 170.12(f);, 170.21;, and 170.51 are not incorporated. The following categories of materials licenses and types of fees are also not incorporated from 10 CFR 170.31 and 171.16: 1.A, 1.B, 1.E, 1.F, 2.A.(1), 2.A.(2)(a) through-2.A.(2)(e), 2.A.(3),
2.A.(4), 2.C, 3.D, 3.H, 4.A, 9, 10, 11, 12, 13, 15, 17, and 18.
22a-153-6 Fees.
171 Annual fees for reactor licenses and fuel cycle licenses and materials licenses, including holders of certificates of compliance, registrations, and quality assurance program approvals and government agencies licensed by the NRC.
Sections 171.1;, 171.3;, 171.5;, 171.7;, 171.8,;
171.9,; 171.11(b),; 171.11(d),; 171.13,; 171.15,;
171.16(a)(1)(v),; 171.16(a)(2),; 171.17(a),; 171.19,;
171.23,; and 171.25 are not incorporated.
In 10 CFR 170.31 and 171.16, the following categories of materials licenses and types of fees are also not incorporated : 1.A, 1.B, 1.E, 1.F, 2.A.(1), 2.A.(2)(a) through-2.A.(2)(e), 2.A.(1)-(2),
2.A.(4), 2.C, 3.D, 3.H, 4.A, 9, 10, 11, 12, 13, 15, 17, and 18.
22a-153-6 Fees.
(4)
Availability and interpretation of referenced material.
(A)
This section incorporates by reference certain sections of 10 CFR relating to the implementation and the administration of Chapter 446a of the Connecticut General Statutes, inclusive of future amendments of such sections.
(B)
Copies of the relevant sections of 10 CFR incorporated by reference in this section are available at www.nrc.gov or by contacting:
Connecticut Department of Energy & Environmental Protection Bureau of Air Management Radiation Division 79 Elm Street Hartford, Connecticut 06106 (860) 424-3029 (5)
To reconcile differences between sections 22a-153-1 through 22a-153-150, inclusive, of the Regulations of Connecticut State Agencies, and the incorporated sections of Federal regulations, the following words and phrases shall be substituted for the language of 10 CFR:
(A)
With the exception of 10 CFR 30.4;, the definition of Sealed Source and Device Registry in 32.2 and 35.2; 37.25(b)(2);, 37.27(a) and (c);, 37.29(a)(1);, the reference to the NRCs license verification system in 37.71(a)-(c);, 39.63(l);, 40.4;,
40.35(f);, 70.10;, 70.19(a)(2) and (a)(3);, 70.19(c)(3);, the definitions of certificate
Page 6 of 22 holder and certificate of compliance (CoC) in 71.4;, 71.10;, and in the definition of Special Nuclear Material in 10 CFR 20.1003;, a reference to NRC, Commission, or Atomic Energy Commission means the commissioner of the Connecticut Department of Energy and Environmental Protection".;
(B)
A reference to NRC or Agreement State, Commission or the licensing agency of an Agreement State, Commission or the appropriate agency of an Agreement State, Commission or the Atomic Energy Commission or an Agreement State, U.S. Nuclear Regulatory Commission or the legally binding requirements issued by Agreement States, or Commission or Agreement State, or Commission or an Agreement State, or with the Commission or with an Agreement State, or Commission or by an Agreement State by means the Connecticut Department of Energy and Environmental Protection, the NRC, or Agreement State. ;.
(C)
A reference to or equivalent Agreement State regulations means NRC regulations in Chapter 10 of the Code of Federal Regulations, or equivalent Agreement State regulations. A reference to or equivalent Agreement State requirements means NRC requirements, or equivalent Agreement State requirements. A reference to comparable provisions of an Agreement State means comparable provisions of the NRC or of an Agreement State. A reference to "equivalent regulations of an Agreement State means NRC regulations in Chapter 10 of the Code of Federal Regulations, or equivalent regulations of an Agreement State..
(D)
The information identified below shall be submitted as follows:
(i)
Notifications, reports, correspondence, and oath and affirmations certifications referenced in the incorporated parts of 10 CFR shall be directed to the Connecticut Department of Energy and Environmental Protection after agreement state status is in effect, and, for NRC licenses, to the NRC until agreement state status is in effect, (ii)
Fingerprints for FBI criminal history records check and related fees shall be submitted to the NRC in accordance with10 CFR 37.27, and (iii)
Communications and reports concerning regulations adopted pursuant to section 22a-153 of the Connecticut General Statutes and applications filed in response to such regulations shall be addressed to the Connecticut Department of Energy & Environmental Protection, Bureau of Air Management, Radiation Division, 79 Elm Street, Hartford, Connecticut 06106.;
(E)
Instructions in 10 CFR to use forms of the NRC means to use forms of the Department, which will be available on the Department website at https://portal.ct.gov/deep or available upon request from the Department at 79 Elm St., Hartford, CT 06106;.
(F)
In 10 CFR 30.32(g);, 31.5(b)(1)(ii);, 31.5(c)(3)(ii);, 31.5(c)(5);, 31.5(c)(13)(iv);, 31.6;,
31.7(a);, 31.8(b);, 31.8(c)(3);, 31.10(a);, 31.10(b)(1);, 31.12(c)(4);, 32.55(d);, 32.56;,
32.74(a)(3);, 34.89(b)(12);, 39.75(e);, 40.25(b);, 40.25(d)(3); and, 40.35(d)(2) and (e)(2),;,
and 40.52(a)., where a reference is made to an Agreement State, it means an Agreement State or the NRC;.
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Page 7 of 22 (G)
In 10 CFR 31.6, where the words any non-agreement state or offshore waters are used, substitute the words State of Connecticut;.
(H)
In 10 CFR 39.51, where the phrase or by an Agreement State is used, substitute the words by the NRC or by an Agreement State;.
(I)
In 10 CFR 70.19(a)(1), reference to a non-agreement State means the State of Connecticut;.
(J)
In 10 CFR 37.77(a)(1), the following language is preserved: The contact information, including telephone and mailing addresses, of governors and governors designees, is available on the NRCs Web site at https://scp.nrc.gov/special/designee.pdf. A list of the contact information is also available upon request from the Director, Division of Materials Safety, Security, State, and Tribal Programs, Office of Nuclear Material Safety and Safeguards., U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.;
(K)
In 10 CFR 40.10(b);, 70.10(b); and 71.8(c), the reference to 10 CFR 2 subpart B is replaced with Sections 22a-6b and 22a-158 of the Connecticut General Statutes;.
(L)
In 10 CFR 40.31(c), the reference to 10 CFR Parts 2 and 9, relating to public records, is replaced with section 1-210 of the Connecticut General Statutes;.
(M)
Notwithstanding subparagraph (D) of this subdivision, reference to written reports in 10 CFR 40.60 means Written reports shall be sent to: Connecticut Department of Environmental Protection, Bureau of Air Management, Radiation Division, 79 Elm Street, Hartford, Connecticut 06106;.
(N)
In 10 CFR 30.12;, 30.41(b)(1);, 40.11;, 40.14(c);, 40.51(b)(1);, 70.11; and, 70.42(b)(1), the word Department means the US Department of Energy;.
(O)
In 10 CFR 70.50(c), preparation and submission of reports, all communications are to be made to the Connecticut Department of Energy & Environmental Protection, Bureau of Air Management, Radiation Division, 79 Elm Street, Hartford, Connecticut 06106, and by telephone at 860-424-3333 for immediate and 24-hour reports;.
(P)
In 10 CFR 71, Subpart H, and in 10 CFR 170 and 171, the terms Certificate of Compliance, certificate holder, and applicant for CoC apply only to the NRC;.
(Q)
In 10 CFR 71.17(c)(3), the submission required before the first use of an NRC approved package shall be sent to the NRC, ATTN: Document Control Desk, Director, Division of Spent Fuel Storage and Transportation, Office of Nuclear Material Safety and Safeguards, using an appropriate method listed in 10 CFR 71.1(a), the licensees name and license number and the package identification number specified in the package approval;.
(R)
In 10 CFR 71.101(c)(1), using an appropriate method listed in § 71.1(a), each licensee shall file a description of its quality assurance program, including a discussion of which requirements of this subpart are applicable and how they will be satisfied, by submitting the description to: Connecticut Department of Energy & Environmental Protection, Bureau of Air Management, Radiation Division, 79 Elm Street, Hartford, Connecticut 06106;. and (S)
In 10 CFR 150.20, where the words:
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Page 8 of 22 (i) non-agreement states, areas of exclusive federal jurisdiction within agreement states, or offshore waters are used in (a)(1)(i), (ii), (iii), (b), (b)(3), and (b)(4),
substitute the words the State of Connecticut, (ii) agreement state license are used, substitute agreement state license or Nuclear Regulatory Commission license, (iii) license issued by an agreement state are used, substitute license issued by an agreement state or the Nuclear Regulatory Commission, and (iv) license from an agreement state are used, substitute license from an agreement state or the Nuclear Regulatory Commission.; and (T)
In 10 CFR 19.15; 19.16; 30.34;, 30.41(b)(3);, 30.61(b);, 40.31(d);, 40.32(a);, 40.41(a),
(b), and (e)(4);, 40.51(b)(3);, 40.71;,70.21(b); 70.31(a); 70.32(a)(3); 70.32(b)(5); 70.36; 70.42(b)(3); 70.81; and 150.20(b) reference to the Act or Atomic Energy Act of 1954 means 22a-153 of the Connecticut General Statutes.
(c)
Definitions.
The definition of any term in this subsection applies to any such term as used in any regulation concerning the Radiation Materials Program adopted pursuant to section 22a-153 of the Connecticut General Statutes. Any term used in such regulations that is not defined in this subsection shall be as defined or described in 10 CFR 19, 20, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 61, 70, 71, 150, 170, and 171, subject to the exceptions listed in Table 1.0:
(1)
"By-product material" or byproduct material has the same meaning as by-product material as provided in section 22a-151 of the Connecticut General Statutes.
(2)
Calendar quarter means not less than twelve (12) consecutive weeks nor more than fourteen (14) consecutive weeks. The first calendar quarter of each year shall begin on January 1 and subsequent calendar quarters shall be so arranged such that no day is included in more than one calendar quarter and no day in any one year is omitted from inclusion within a calendar quarter.
(3)
CFR means the Code of Federal Regulations.
(4)
Commissioner has the same meaning as provided in section 22a-151 of the Connecticut General Statutes.
(5)
Decommissioning plan means a written document that includes the licensees planned procedures and activities for decommissioning of a facility or site.
(6)
Department means the Connecticut Department of Energy and Environmental Protection.
(7)
Facility means the location within one building, vehicle, or under one roof and under the same administrative control at which:
(A)
The possession, use, processing, or storage of radioactive material is or was authorized; or (B)
One or more radiation-producing machines or radioactivity-inducing machines
Page 9 of 22 are installed or located.
"Facility" includes multiple such locations at a site or part of a site.
(8)
General license has the same meaning as provided in section 22a-151 of the Connecticut General Statutes.
(9)
"Healing arts" has the same meaning as provided in Section 20-1 of the Connecticut General Statutes.
(10)
"Inspection" means an official examination or observation including, but not limited to, tests, surveys, and monitoring to determine compliance by a licensee with applicable regulations, orders, requirements, and conditions of the commissioner.
(11)
Megabecquerel or MBq means one million becquerels, an SI unit of activity where one becquerel is equal to 1 disintegration per second or one transformation per second of radioactive material.
(12)
Milliroentgen or mR means one thousandth of a roentgen (R), the special unit of exposure which one roentgen is equals 2.58E-4 coulombs per kilogram of air.
(13)
Naturally occurring radioactive material or NORM has the same meaning as provided in section 22a-151 of the Connecticut General Statutes.
(14)
Patient means an individual subject to examination, diagnosis or treatment within the healing arts.
(15)
Person has the same meaning as provided in section 22a-151 of the Connecticut General Statutes.
(16)
Radioactive material has the same meaning as provided in section 22a-151 of the Connecticut General Statutes.
(17)
Radioactivity means the transformation of unstable atomic nuclei by the emission of radiation.
(18)
Sealed source means any radioactive material that is encased in a capsule designed to prevent leakage or escape of the radioactive material.
(19)
Specific license has the same meaning as provided in section 22a-151 of the Connecticut General Statutes.
(20)
Source material has the same meaning as provided in section 22a-151 of the Connecticut General Statutes.
(21)
Special nuclear material has the same meaning as provided in section 22a-151 of the Connecticut General Statutes.
(22)
Waste or low-level waste means radioactive waste that is: (A) Neither high-level waste nor transuranic waste, nor spent nuclear fuel, nor byproduct material, as defined in Section 11e(2) of the Atomic Energy Act of 1954, as amended; and (B) Classified by the federal government as low-level waste, consistent with existing law, but does not include waste generated as a result of atomic energy defense activities of the federal government, as defined in the Low-Level Radioactive Waste Policy Act, Public Law 96-573, or federal research and development activities.
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Page 10 of 22 (23)
Year means the twelve-month period beginning January 1 unless the starting date is otherwise specified in a regulation or license.
(NEW) Sec. 22a-153-2. Compliance Monitoring (a)
Applicability.
(1)
This section applies to all persons who use, produce, transport, store, possess or dispose of radioactive materials within the state of Connecticut.
(2)
This section shall not apply to any person to the extent such person is subject to regulation by the U.S. Nuclear Regulatory Commission.
(b)
Records.
Licensees shall maintain records showing the receipt, transfer and disposal of radioactive material as described in 10 CFR 30.51.
(c)
Inspections and investigations.
(1)
The commissioner may conduct inspections and investigations of facilities and regulated activities as necessary to demonstrate compliance with regulations adopted pursuant to section 22a-153 of the Connecticut General Statutes.
(2)
Licensees shall maintain records required by this section and shall make such records available for inspection by the Commissioner at a permanent site or facility identified in a license issued under section 22a-153-30 of the Regulations of Connecticut State Agencies.
(3)
The commissioner may take the following actions with respect to licensees:
(A)
Access books, papers, documents and other records and physical evidence pertinent to a matter under inspection or investigation; (B)
Require a licensee to make reports and furnish information; and (C)
Enter the premises of a licensee for the purpose of investigation or inspection of radioactive materials and the premises and facilities where radioactive materials are used or stored, as necessary to ascertain compliance with regulations adopted pursuant to section 22a-153 of the Connecticut General Statutes and to protect health, safety and the environment.
(4)
The commissioner may conduct additional follow-up inspections and investigations if violations were noted at the time of the original inspection, or if a person presents information, or circumstances arise, which give the commissioner reason to believe that the health and safety of a person is threatened or that regulations adopted pursuant to section 22a-153 of the Connecticut General Statutes are violated.
(d)
Tests. Licensees, upon instruction from the Department, shall perform, or permit the commissioner to perform, reasonable tests as the commissioner deems appropriate or necessary including, but not limited to, tests of:
(1)
Radioactive materials; (2)
Facilities in which radioactive materials are used or stored;
Page 11 of 22 (3)
Radiation detection and monitoring instruments; or (4)
Other equipment and devices in connection with utilization or storage of licensed radioactive materials.
(e)
The commissioner may issue, modify, or revoke any order to correct or abate any violation of sections 22a-148 to 22a-158 of the Connecticut General Statutes, inclusive, including any license issued pursuant to such sections and any regulation adopted pursuant to such sections. Any such order may include remedial measures that are necessary to correct or abate such violations.
(NEW) Sec. 22a-153-3. Prohibitions, Restrictions and Additional Requirements.
(a)
Applicability.
(1)
This section applies to all persons who produce, transport, store, possess or dispose of radioactive materials within the state of Connecticut.
(2)
This section shall not apply to any person to the extent such person is subject to regulation by the U.S. Nuclear Regulatory Commission.
(b)
Sale of radioactive materials.
No person shall sell or offer for sale within the State of Connecticut radioactive materials unless such radioactive materials meet the requirements of regulations adopted pursuant to section 22a-153 of the Connecticut General Statutes.
(c)
Human use.
In addition to the requirements of RCSA 22a-153-1 through 22a-153-199 of this section, any person using radioactive materials or other sources of ionizing radiation on humans shall be licensed or certified to engage in such activities or under the supervision and direction of such licensed or certified person as provided in Title 20 of the Connecticut General Statutes.
(d)
Vacating facilities.
A licensee shall notify the Department in writing of intent to vacate at least 90 days before vacating or relinquishing possession or control of facilities which may have been contaminated with radioactive material as a result of the licensees activities. When deemed necessary by the Department, the licensee shall decontaminate the facilities as the Department may specify.
(e)
Improper use of a monitoring device.
The deliberate exposure of, failure to use, or improper use of, an individual monitoring device or area monitoring device by an individual is prohibited.
(NEW) Sec. 22a-153-4. Exemptions.
(a)
Applicability.
(1)
This section applies to all persons who use, produce, transport, store, possess or dispose of radioactive materials within the state of Connecticut.
Page 12 of 22 (2)
This section shall not apply to any person to the extent such person is subject to regulation by the U.S. Nuclear Regulatory Commission.
(b)
Compliance; Granting Exemptions.
Each person who uses, produces, transports, stores, possesses or disposes of radioactive materials within the state of Connecticut is required to comply with the regulations adopted pursuant to section 22a-153 of the Connecticut General Statutes, except as specified in section 22a-148(c)(2) of the Connecticut General Statutes, or where, pursuant to section 22a-154(b) of the Connecticut General Statutes, the commissioner, upon application therefore or upon the commissioner's own initiative, grants an exemption upon a finding that it does not constitute a significant risk to occupational and public health and safety.
(c)
Exemptions.
The following sources, uses and types of users are exempt from regulations adopted pursuant to section 22a-153 of the Connecticut General Statutes:
(1)
Federal government agencies; (2)
Excreta from individuals undergoing medical diagnosis or therapy with radioactive materials; (3)
A material, product or use specifically exempted from licensing requirements by the NRC, the Department or an agreement state or authorized for distribution to persons exempt from license requirements; and (4)
Other sources of radioactive material, upon a finding that such radioactive material does not constitute a significant risk to occupational and public health and safety.
(NEW) Sec. 22a-153-5. Enforcement (a)
Applicability.
(1)
This section applies to all persons who use produce, transport, store, possess or dispose of radioactive materials within the state of Connecticut.
(2)
This section shall not apply to any person to the extent such person is subject to regulation by the U.S. Nuclear Regulatory Commission.
(b)
Violations.
(1)
If an inspection indicates that a person is not in compliance with the requirements of regulations adopted pursuant to section 22a-153 of the Connecticut General Statutes, the commissioner shall notify such person in writing regarding any violations.
(2)
The written notice of violation may include specific required corrective actions necessary for the regulated entity to take to regain compliance and may include interim corrective actions, such as requiring further investigation of the
Page 13 of 22 circumstances giving rise to the notice or ceasing use of radioactive materials until full compliance is restored, or such other action deemed necessary by the commissioner to protect the public health and safety is completed.
(3)
If the commissioner determines that an enforcement action is appropriate, or if timely and satisfactory compliance with a notice issued pursuant to subdivision (1) of this subsection has not been achieved, the Department shall issue a notice of violation in writing.
(NEW) Sec. 22a-153-6. Fees.
(a)
Incorporation by reference.
In addition to the requirements incorporated by reference in section 22a-153-1 of the Regulations of Connecticut State Agencies, a person subject to this section shall comply with the requirements of this section.
(b)
Applicability.
(1)
This section applies to any person who is an applicant for or holder of a radioactive material license issued under section 22a-153-1 to 22a-153-150, inclusive of the Regulations of Connecticut State Agencies.
(2)
For the purpose of this subsection, radioactive materials under the same administrative control in a single building are licensed as a single facility. Radioactive materials under the same administrative control at the same address or in a contiguous group of buildings may be licensed as a single facility if the Commissioner determines that it is appropriate.
(c)
Radioactive materials fees.
(1)
Except as provided in subdivision (7) of this subsection, annual license fees for radioactive material shall be those set forth in 10 CFR 171 and other radioactive materials fees as described in 10 CFR 170.
(A)
No refund shall be made if a license is terminated or suspended.
(B)
If, by amendment or otherwise, a license changes to another fee category, the fee for the new category will take effect on the anniversary date of the license.
(2)
An initial application for a license shall be accompanied by a check payable to the Department in accordance with the fees set forth in 10 CFR 170 and 10 CFR 171.
Thereafter, the commissioner shall issue an annual fee invoice in accordance with the appropriate fee schedule at least two months prior to the license expiration. Fees shall be paid by the last day of the license expiration month as shown on the license fee invoice. This subdivision shall not apply to full cost recovery licenses.
(3)
An application for a reciprocal recognition of a license shall be accompanied by a check payable to the Department in accordance with the fees set forth in 10 CFR 170 and 10 CFR 171.
(4)
The Department shall not accept an initial application for a license or reciprocal
Page 14 of 22 recognition of a license prior to payment of the fees required by subdivisions (2) and (3) of this subsection.
(5)
If a license involves more than one of the categories incorporated in subdivision (2) of this subsection, the highest applicable fee applies.
(6)
Special provisions for calculating annual fees during agreement state transition period.
(A)
The annual fees for the NRC licenses that are transferred to the State of Connecticut on the date the State of Connecticut becomes an agreement state shall be invoiced on the licenses next anniversary date.
(B)
During the first year after the date the Department attains agreement state status, the annual fee for each NRC license transferred to the State of Connecticut shall be prorated, based on the schedule of fees in 10 CFR 171, for the period from the date agreement state status is attained until the licenses next anniversary date, in addition to the amount assessed for the year following the licenses anniversary date.
(7)
A Connecticut state agency or Connecticut state university shall pay an annual license fee of zero dollars.
(NEW) Sec. 22a-153-7. Other Radioactive Material.
(a)
Applicability.
(1)
This section applies to any person who uses, produces, transports, stores, possesses, or disposes of any radioactive material within the state of Connecticut not defined as byproduct material, source material, or special nuclear material unless such person is subject to licensing for such material in another regulation adopted pursuant to section 22a-153 of the Connecticut General Statutes.
(2)
This section shall not apply to any person to the extent such person is subject to regulation by the U.S. Nuclear Regulatory Commission.
(b)
Registration requirements.
No radioactive material subject to the requirements of this section shall be received, possessed, used, transferred, owned or disposed of within the state of Connecticut unless registered with the commissioner.
(c)
Exempt quantities and items containing radioactive material.
The quantities and items containing radioactive material identified in this subsection are exempt from the registration requirement of (b) of this section:
(1)
Any quantity of radioactive material determined by the NRC or an agreement state to be an "exempt quantity" or any item determined by the NRC or an agreement state to be an "exempt item" as set out in 10 CFR 30.11 to 30.22; (2)
The production, transportation, storage, use and disposal of naturally occurring radioactive material of equivalent specific radioactivity not exceeding the specific
Page 15 of 22 radioactivity of natural potassium (857 picocurie per gram or 31.72 becquerel per gram; NCRP Report No. 160, 2009);
(3)
The operation of equipment that is not intended to produce radiation as a primary purpose and that, by nature of design, does not produce radiation at the point of nearest approach in quantities sufficient to produce radiologic damage to a person. Such equipment shall include: time pieces, instruments, novelties or devices containing self-luminous elements, and equipment that does not produce radiation greater than one-half milliroentgen per hour at any readily accessible point five centimeters from the surface, except as follows:
(A)
Equipment identified in this subdivision shall not be exempt if it is used or handled in such a manner that any individual might receive a radiation dose exceeding one-tenth of the limits established in 10 CFR 20.1201; (B)
The production testing or production servicing of equipment identified in this subdivision shall not be exempt; and (C)
The manufacture or repair of self-luminous elements shall not be exempt; (4)
The transportation of any radioactive material in conformity with regulations of the United States Department of Transportation or other agency of the federal government having jurisdiction; or (5)
Not more than 0.1 microcuries (0.1 Ci) of any one or any combination of any unsealed source of radioactive materials other than alpha emitting byproduct material exempt in subdivisions (1) through (4) of this subsection.
(NEW) Sec. 22a-153-8 through 22a-153-19. Reserved.
(NEW) Sec. 22a-153-20. Standards for Protection Against Radiation.
(a)
Incorporation by reference.
In addition to the requirements incorporated by reference in section 22a-153-1 of the Regulations of Connecticut State Agencies, a person subject to this section shall comply with the requirements of this section.
(b)
Applicability This section applies to all persons licensed by the commissioner to use, produce, transport, store, possess or dispose of radioactive materials within the state of Connecticut.
(c)
Radiological criteria for an unrestricted use.
A site shall be considered acceptable for unrestricted use as described in 10 CFR 20.1402, except that 19 millirem (0.19 millisievert) per year shall be substituted for 25 millirem (0.25 millisievert).
(d)
Effect of incorporation of 10 CFR 20.1403 Criteria for license termination under restricted conditions.
Page 16 of 22 (1)
The commissioner shall not terminate a license under restricted conditions as provided for in 10 CFR 20.1403 until the decommissioning plan required by 10 CFR 20.1403(d) is approved by the commissioner and has been in effect for a period of time demonstrating to the commissioner that continued implementation of the plan will be effective in maintaining compliance with the required conditions of the plan.
(2)
The commissioner may choose to implement the license termination process in one or more of the following steps:
(A)
The license is amended to authorize activities necessary to begin decommissioning under the decommissioning plan; (B)
After decommissioning activities are complete and the provisions of 10 CFR 20.1403 are in effect under the decommissioning plan, the license may be amended to end authorization of licensed activities. The license shall remain in effect for up to five years; and (C)
At the end of the period prescribed in subdivision (1) of this subsection, the commissioner shall decide the effectiveness of the established decommissioning plan. If the decommissioning plan has demonstrated the ability to maintain compliance with 10 CFR 20.1403, the license will be terminated subject to the revisitation provision of 10 CFR 20.1401(c) regarding new evidence of a significant threat to health and safety.
Otherwise, the licensee shall be directed by the commissioner to take corrective actions as necessary to conform to 10 CFR 20.1403, and the process shall revert back to subparagraph (B) of this subdivision.
(3)
In each reference to 10 CFR 20.1403 in this subsection, 19 millirem (0.19 millisievert) per year shall be substituted for 25 millirem (0.25 millisievert) in 10 CFR 20.1403(b) and (d)(1)(i)(A).
(e)
Reports of leaking or contaminated sealed sources.
If any test for leakage or contamination required by sections 22a-153-1 through 22a-153-150, inclusive, of the Regulations of Connecticut State Agencies indicates a sealed source is leaking or contaminated by the presence of 0.005 microcuries (Ci) or 185 Becquerels (Bq) or more of removable contamination, a report of the test shall be filed within five days with the Department describing the equipment involved, the test results and the corrective action taken.
(NEW) Sec. 22a-153-21 through 22a-153-29. Reserved.
(NEW) Sec. 22a-153-30. Rules of General Applicability to Licensing of Radioactive Materials.
(a)
Incorporation by reference.
(1)
In addition to the requirements incorporated by reference in section 22a-153-1 of the Formatted: Font color: Auto
Page 17 of 22 Regulations of Connecticut State Agencies, a person subject to this section shall comply with the requirements of this section. Written reports referenced in 10 CFR 30.50(c)(2) shall be sent to:
Connecticut Department of Energy & Environmental Protection, Bureau of Air Management, Radiation Division, 79 Elm Street, Hartford, Connecticut 06106.
(2)
On the date the State of Connecticut becomes an agreement state as published in the Federal Register, a person who possesses a general or specific license issued by the NRC for source, byproduct or special nuclear material in quantities not sufficient to form a critical mass, is deemed to possess a like license issued under this section. The license shall expire on the earlier of 90 days after receipt from the Department of a notice of expiration of the license, or the date of expiration specified in the NRC license.
(b)
Applicability.
(1)
This section applies to any person who is required to obtain or who possesses a specific license issued by the commissioner.
(2)
This section shall apply to the incorporation of other existing licenses into a new license application.
(c)
Filing applications for specific license.
(1)
An application for a specific license shall be accompanied by the fee required under section 22a-153-6 of the Regulations of Connecticut State Agencies.
(2)
An application, amendment, or renewal of a specific license will be processed in a timely manner in accordance with section 22a-6p of the Connecticut General Statutes.
(d)
Renewal of licenses.
(1)
An application for renewal of a specific license shall be filed under this section.
(2)
If a renewal application is filed prior to 30 days before the expiration of a license, the existing license shall not expire until written notice has been given by the commissioner of the commissioners action on the renewal application.
(e)
Transfer of radioactive material.
(1)
The requirements of 10 CFR 30.41 apply to NORM.
(2)
The commissioner may withdraw, limit, or qualify the commissioners acceptance of a specific license or equivalent licensing document issued by another agency, or product distributed under the licensing document, upon determining that the action is necessary as provided in section 22a-154(b) of the General Statutes of Connecticut.
(NEW) Sec. 22a-153-31. General Licenses for Radioactive Material.
(a)
Incorporation by reference.
In addition to the requirements incorporated by reference in section 22a-153-1 of the Regulations of Connecticut State Agencies, a person subject to this section shall comply with the requirements of this section.
(b)
Applicability.
Page 18 of 22 (1)
This section applies to all persons who possess and use byproduct material under a general license issued by the commissioner for ownership of byproduct material within the state of Connecticut.
(2)
This section shall not apply to any person to the extent such person is subject to regulation by the U.S. Nuclear Regulatory Commission.
(c)
Certain measuring, gauging or controlling devices.
(1)
In addition to the requirements of 10 CFR 31.5 as incorporated by reference in section 22a-153-1 of the Regulations of Connecticut State Agencies, a general licensee subject to registration under 10 CFR 31.5(c)(13)(i) or possessing general licensed devices containing 37 Megabecquerels (37 MBq) or one millicurie (mCi) or more of accelerator-produced material, as determined on the date of manufacture, or 3.7 Megabecquerels (3.7 MBq) or one tenth of a millicurie (0.1 mCi) or more of radium-226 shall perform the actions identified in subdivision (2) of this subsection.
(2)
A general licensee shall:
(A)
Conduct a physical inventory every six months to account for all sources or devices, or both, received and possessed under this section; and (B)
Maintain the physical inventory records for three years from the date of each inventory.
(d)
Portable devices containing general licensed material.
(1)
A person who initiates acquisition, transfer, or disposal of a portable device containing general licensed material shall notify the commissioner within 15 days of the action. Sending a portable device for calibration, maintenance, or source replacement does not constitute transfer.
(2)
Portable devices containing general licensed material shall only be used by or under the direct supervision of individuals who have been instructed in the operating and emergency procedures necessary to ensure safe use.
(3)
For each individual that the licensee permits to use a portable device containing general licensed material, the licensee shall maintain a record showing the type of device use permitted and the basis, such as training certificates, for that authorization. An individuals record shall be kept for at least three years after the individual terminates association with the licensee.
(4)
Portable devices containing general licensed material shall be secured from access by unauthorized personnel whenever an individual authorized to use the device is not immediately present or in close proximity to the portable device.
(5)
The licensee shall maintain a current sign out log at the permanent storage location of the portable device containing general licensed material. Log entries shall be available for inspection by the Department for three years from the date of entry. The following information shall be recorded for each portable device containing general licensed material:
(A)
The model and serial number of the device; (B)
The name of the assigned user; and
Page 19 of 22 (C)
The locations and dates of use.
(6)
Emergency instructions shall accompany each portable device containing general licensed material removed from the facility.
(e)
Incidental radioactive material produced by a particle accelerator.
(1)
A general license is issued to possess radioactive material produced incidentally to the operation of a particle accelerator. The general license is also subject to the applicable provisions of this section and sections 22a-153-1 and 22a-153-20 of the Regulations of Connecticut State Agencies, and 10 CFR 19.
(2)
A licensee may transfer radioactive material only under section 22a-153-20 and section 22a-153-71 of the Regulations of Connecticut State Agencies.
(3)
A licensee may dispose of radioactive material only with the commissioners approval.
(NEW) Sec. 22a-153-32 through Sec. 22a-153-33. Reserved.
(NEW) Sec. 22a-153-34. Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial Radiographic Operations.
(a)
Incorporation by reference.
In addition to the requirements incorporated by reference in section 22a-153-1 of the Regulations of Connecticut State Agencies, a person subject to this section shall comply with the requirements of this section.
(b)
Applicability.
(1)
This section applies to any person issued a license by the commissioner that authorizes the licensee to use sealed sources containing byproduct material in industrial radiography.
(2)
This section shall not apply to any person to the extent such person is subject to regulation by the U.S. Nuclear Regulatory Commission.
(c)
Prohibitions.
No licensee using sealed sources containing byproduct material for industrial radiography shall use such sealed sources for diagnosis or therapy on humans or animals.
(NEW) Sec. 22a-153-35. Medical Use of Byproduct Material.
(a)
Incorporation by reference.
In addition to the requirements incorporated by reference in section 22a-153-1 of the Regulations of Connecticut State Agencies, a person subject to this section shall comply with the requirements of this section.
(b)
Applicability.
Page 20 of 22 (1)
This section applies to any person authorized in a license issued by the commissioner for the medical use of byproduct material within the state of Connecticut.
(2)
This section shall not apply to any person to the extent such person is subject to regulation by the U.S. Nuclear Regulatory Commission.
(c)
Authorization for calibration, transmission, and reference sources Notwithstanding the incorporation by reference of 10 CFR 35.65, a licensee authorized for medical use of radioactive materials shall not receive, possess or use radium in total quantity of
.37 megabecquerels (.37 MBq) or ten microcuries (10 Ci), or more for check, calibration, transmission and reference use except as specifically authorized by the commissioner.
(NEW) Sec. 22a-153-36 to 22a-153-149. Reserved.
(NEW) Sec. 22a-153-150. Reciprocal Recognition of License.
(a)
Incorporation by Reference.
In addition to the requirements incorporated by reference in section 22a-153-1 of the Regulations of Connecticut State Agencies, a person subject to this section shall comply with the requirements of this section.
(b)
Applicability.
This section applies to any person authorized to use radioactive material under a valid specific license issued by the NRC or another agreement state who will conduct activities authorized in such licensing in the state of Connecticut.
(c)
Licenses of Byproduct, Source, and Special Nuclear Material in Quantities Not Sufficient to Form a Critical Mass.
(1)
Any person who holds a specific license from the NRC or another Agreement State that was issued by an agency having jurisdiction where the licensee maintains an office for directing the licensed activity and at which radiation safety records are normally maintained, is hereby granted a general license to conduct the activities authorized in such licensing document within the state of Connecticut for a period not in excess of 180 days in any calendar year provided that:
(A)
The license does not limit the activity authorized by such document to specified installations or locations; (B)
The out-of-state licensee notifies the commissioner in writing at least three days prior to engaging in such activity. Such notification shall indicate the location, period, and type of proposed possession and use within the state of Connecticut and shall be accompanied by a copy of the pertinent license. If, for a specific case, the three-day period would impose an undue hardship on the out-of-state licensee, the licensee may, upon application to the Department, obtain permission to proceed sooner. The commissioner may waive the requirement for filing additional written notifications during the remainder of the calendar year Formatted: Font color: Auto Formatted: Font color: Auto
Page 21 of 22 following the receipt of the initial notification from a person engaging in activities under the general license provided in this subsection; (C)
The out-of-state licensee complies with all applicable regulations of the commissioner and with all the terms and conditions of the license; (D)
The out-of-state licensee supplies such other information as the commissioner may request; and (E)
The out-of-state licensee shall not transfer or dispose of radioactive material possessed or used under the general license provided in this subdivision except by transfer to a person:
(i)
Specifically licensed by the commissioner or by the NRC or another Agreement State to receive such material, or (ii)
Exempt from the requirements for a license for such material under 10 CFR 30.14.
(2)
Notwithstanding subdivision (1) of this subsection, any person who holds a specific license issued by the NRC or an Agreement State authorizing the holder to manufacture, transfer, install, or service a device described in 10 CFR 40.22, 10 CFR 31.5(a), 10 CFR 31.6, and 10 CFR 31.9 within areas subject to the jurisdiction of the licensing body is hereby granted a general license to install, transfer, demonstrate, or service such a device in the state of Connecticut provided that:
(A)
Such person shall file a report with the commissioner within 30 days after the end of each calendar quarter in which any device is transferred to or installed in the state of Connecticut. Each such report shall identify each general licensee to whom such device is transferred by name and address, the type of device transferred, and the quantity and type of radioactive material contained in the device; (B)
The device has been manufactured, labeled, installed, and serviced in accordance with applicable provisions of the specific license issued to such person by the NRC or an Agreement State; (C)
Such person shall assure that any labels required to be affixed to the device under regulations of the authority which licensed manufacture of the device bear a statement that "Removal of this label is prohibited"; and (D)
The holder of the specific license shall furnish to each general licensee to whom the licensee transfers such device or on whose premises the licensee installs such device a copy of the general license contained in 10 CFR 31.5 or in equivalent regulations of the agency having jurisdiction over the manufacture and distribution of the device.
(3)
The commissioner may withdraw, limit, or qualify the commissioners acceptance of any specific license or equivalent licensing document issued by the NRC or an Agreement State, or any product distributed pursuant to such licensing document, upon determining that such action is necessary in order to prevent undue hazard to public health
Page 22 of 22 and safety or property.