ML24355A145
| ML24355A145 | |
| Person / Time | |
|---|---|
| Issue date: | 12/23/2024 |
| From: | Adelaide Giantelli NRC/NMSS/DMSST/ASPB |
| To: | Semancik J State of CT, Dept of Energy and Environmental Protection |
| References | |
| Download: ML24355A145 (1) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Jeffrey Semancik, Director Radiation Division Bureau of Air Management Connecticut Department of Energy and Environmental Protection 79 Elm Street Hartford, CT 06106-5127
SUBJECT:
CONNECTICUT FINAL APPLICATION REVIEW INCLUDING RADIATION PROTECTION RULES, SECTIONS 22A-153-1 THROUGH 22A-153-150
Dear Jeffrey Semancik:
On April 23, 2024, the U.S. Nuclear Regulatory Commission (NRC) transmitted the results of our completeness review available in the NRCs Agencywide Documents Access and Management System Accession Number ML24088A183 on Connecticuts draft application package (draft application) available in ML24065A111, ML24065A119, ML24065A128, ML24065A134, ML24065A169, ML24065A205, and ML24065A207, via letter for a 274b.
Agreement to assume regulatory authority over byproduct, source, and special nuclear material of a certain quantity dated February 2, 2024. In our letter, we identified 27 specific comments and 41 comments for consideration.
In a \
letter dated November 1, 2024 available in ML24351A070, Connecticut submitted their final application which also included their final regulations available in ML24311A018, ML24311A026, ML24311A029, ML24311A030, ML24311A044, ML24319A210, and ML24319A211. On November 27, 2024, the NRC requested additional information on the final application available in ML24347A050, except for the final regulations. On December 9, 2024, Connecticut responded to the NRC request available in ML24347A038. We have reviewed the responses to the \
November 27, 2024, letter and do not have any additional comments.
Additionally, we have reviewed the final revisions to the Connecticut regulations Sections 22a-153-1 through 22a-153-150, received by our office on November 1, 2024, as part of your final application to become an Agreement State. These regulations were reviewed by comparison to the equivalent NRC 10 CFR Parts 19, 20, 30 - 40, 61, 70, 71, and 150 as identified in the enclosed State Regulation Status (SRS) Data Sheet. We discussed our review of the regulations with you on November 27, 2024.
As a result of our review, we have no compatibility comments and 5 editorial comments that have been identified in Enclosure 1. A redline/strikeout addressing these editorial comments is in available in Enclosure 2. Due to their editorial nature, these comments do not interfere with the NRC staffs processing of Connecticuts Agreement State application. Please note that we have limited our review to regulations required for compatibility and/or health and safety. We have determined that if these regulations are revised, incorporating our comments, and without other significant change, they would meet the compatibility and health and safety categories December 23, 2024
J. Semancik 2
established in the Office of Nuclear Material Safety and Safeguards (NMSS) Procedure SA-200, Compatibility Categories and Health and Safety Identification for NRC Regulations and Other Program Elements.
We request that when you revise your regulations to address our comments, a copy of the as published regulations be provided to us for review. As requested in NMSS Procedure SA-201, Review of State Regulatory Requirements, please highlight the final changes and provide a copy to the Division of Materials Safety, Security, State, and Tribal Programs, NMSS.
The SRS Data Sheet in Enclosure 3 summarizes our knowledge of the status of other Connecticut regulations, as indicated. Please let us know if you note any inaccuracies or have any comments on the information contained in the SRS Data Sheet. This letter, including the SRS Data Sheet, is posted on: https://www.nrc.gov/agreement-states.
If you have any questions regarding the review, the compatibility and health and safety categories, or any of the NRC regulations used in the review, please contact my staff at AgreementStateRegs.Resource@nrc.gov.
Sincerely, Adelaide S. Giantelli, Chief State Agreement and Liaison Programs Branch Division of Materials Safety, Security, State, and Tribal Programs Office of Nuclear Material Safety and Safeguards
Enclosures:
- 1. Editorial Comments
- 2. Proposed Revisions
- 3. Connecticut SRS Data Sheet Signed by Giantelli, Adelaide on 12/23/24 EDITORIAL COMMENTS ON CONNECTICUT REGULATIONS 1.
Section 22a-153-1.(b)(3), Table 1.0 10 CFR 70.23a Connecticut Table 1.0 in Section 22a-153-1.(b)(3) incorporates by reference 10 CFR Part 70 with exceptions. When compared to the review of draft regulations submitted as part of the draft application, Connecticut appears to have inadvertently removed 10 CFR 70.23a from the exceptions. This regulation is compatibility category NRC and cannot be adopted by Connecticut. Connecticut should include 70.23a to the list of exceptions the next time Connecticut opens the regulations for revision.
2.
Section 22a-153-1.(b)(3), Table 1.0 Additional Exemptions Connecticut Table 1.0 in Section 22a-153-1.(b)(3) incorporates by reference 10 CFR 19, 20, 30-37, 39, 40, 61, 70, 71, 150, 170, and 171, with exceptions. In these parts of 10 CFR, Connecticut incorporates several compatibility category D regulations. Some of the compatibility category D regulations require overly complex reconciliation language which could negatively impact the readability of Connecticuts regulations. In addition to the regulations already excluded, Connecticut should consider excluding the following identified compatibility category D regulations for enhanced readability of their regulations:
10 CFR Part 19: 19.1; 19.2; 19.18; 19.20; and 19.32.
10 CFR Part 20: 20.1001; 20.1002; 20.1003 definition of Generally applicable environmental radiation standards; 20.1007; 20.1008; 20.2106(d); 20.2109; Appendix D; and Appendix F.
The definition of Government Agency in Parts 20, 30, 37, 40, 70, and 150. See Editorial Comment #4 for additional discussion and options to address incorporation by reference related issues with this definition.
10 CFR Part 30: 30.3(b)(1), (2), (3); 30.7; 30.11(b) and (c); and 30.34(d), (e)(1) and (e)(3), and (k).
10 CFR Part 31: 31.1; 31.13; 31.14; 31.15; 31.16; 31.17; 31.18; 31.19; 31.20; The word Federal in 31.5(a) is not incorporated. In 10 CFR 31.5(c)(7) and 31.12(c)(3), the phrase part 110 is replaced by 10 CFR part 110.
10 CFR Part 32: 32.1; 32.3; 32.301; and 32.303.
10 CFR Part 33: 33.1.
10 CFR Part 34: 34.1; 34.45(a)(9) the words as required by 10 CFR part 21 of this chapter and 34.101(a) the words such as § 21.21.
10 CFR Part 35: 35.1.
10 CFR Part 36: 36.1(a).
10 CFR Part 39: 39.1; 39.63(l) the words as required by 10 CFR part 21 of this chapter.
10 CFR Part 40: 40.1; 40.2; 40.5; 40.20(b) and (c); 40.31(g); The term Federal in 40.22(a) is not incorporated.
10 CFR Part 71: 71.0(a), (b), (d), (e), (f), and (g); 71.9; 71.10; 71.53.
10 CFR Parts 170 and 171: 170.31, Table 1, Category 8; 171.16, Table 2 to paragraph (d), Category 8.
The NRC staff notes that these exemptions include the purpose and scope sections of the regulations, which are largely duplicative of Connecticuts Applicability sections throughout 22a-153. Thus, NRC recommends Connecticut exclude the purpose and scope sections listed above to enhance clarify and avoid duplication.
3.
Section 22a-153-1.(b)(5)
Connecticut Section 22a-153-1.(b)(5) provides reconciliation language for the various parts of 10 CFR that it has incorporated by reference. The NRC has recently identified instances where such reconciliation language can be further refined to enhance clarity, avoid confusion, and ensure references to NRC or NRC regulations are not inadvertently read out of the regulatory text, as incorporated. The following list walks through Section 22a-153-1.(b)(5) in order and also suggests additional subparagraphs. Suggested text to be added is shown in underline and suggested text to be deleted is shown in strikethrough. These suggested revisions are also provided in Enclosure 2 to this letter.
To ensure that Connecticuts regulations do not inadvertently exclude a reference to the NRC, Commission, or synonymous variations, Connecticut should consider making the following revisions to the proposed Connecticut Section 22a-153-1.(b)(5)(A)-(C):
A. Reference to NRC, Commission, or Atomic Energy Commission, or synonymous variation thereof, Director, Office of Nuclear Material Safety and Safeguards or his/her designee Nuclear Regulatory Commission, United States Nuclear Regulatory Commission, or Administrator of the appropriate Regional Office means the Commissioner of the Connecticut Department of Energy and Environmental Protection, except when used in the following: the definition of Agreement State found in 10 CFR 30.4, 35.2, 37.5, 40.4, 70.4, and 150.3; the definition of Sealed Source and Device Registry in 32.2 and 35.2; references to NRC's Medical Uses Licensee Toolkit web page in 10 CFR Part 35; references to a master material license or licensee in 10 CFR Part 35; definition of Fingerprint orders found in 37.5; 37.25(b)(2); 37.27(a) and (c);
37.29(a)(1); 37.31(d); the reference to the NRCs license verification system in 37.71(a)-
(c); 39.63(l); 40.4; 40.35(f); 61.55(a)(2)(iv); 70.10; 70.19(a)(2), (a)(3), and 70.19(c)(3);
the definitions of certificate holder and certificate of compliance (CoC) in 71.4; 71.17(e); 71.88(a)(4); and 71.93(c); 71.10; and in the definition of Special Nuclear Material in 10 CFR 20.1003; 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); each 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),
(a)(3), 70.19(c)(3); the definitions of certificate 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, Atomic Energy Commission means the Commissioner of the Connecticut Department of Energy and Environmental Protection.
B. A Each reference to NRC or Agreement State, U.S. NRC or of an Agreement State, Commission or to an 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, Commission or an Agreement State, Commission or with an Agreement State, or Commission or by an Agreement State, or Commission or the licensing agency of an Agreement State means the Connecticut Department of Energy and Environmental Protection, the NRC, or Agreement State.
C. A Each reference to or equivalent Agreement State regulations or the equivalent Agreement State regulations means NRC regulations in Title Chapter 10 of the Code of Federal Regulations, or equivalent Agreement State regulations. A reference to or equivalent Agreement State requirements or equivalent requirements of an Agreement State 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, equivalent regulations of the Agreement State or equivalent Agreement State regulations means NRC regulations in Title 10 of the Code of Federal Regulations, or equivalent regulations of an Agreement State. A reference to equivalent provisions of an Agreement State, equivalent Agreement State provisions or equivalent provisions in Agreement State regulations means equivalent provisions of the NRC or of an Agreement State.
In Connecticut Section 22a-153-1.(b)(5)(D)(ii), Connecticut describes items in 10 CFR 37.27 which should remain with the NRC. Connecticut should consider adding:
D. iv) In 10 CFR 37.77(a)-(d), references to notifications to the NRC, including reference to the contact information in 37.77(a)(1) remain. Additionally, the language in 10 CFR 37.77(d); 10 CFR 71.97(c)(3)(ii) and (iii); and in 71.97(f) is preserved; There are no comments for (E).
Connecticut Section 22a-153-1.(b)(5)(F) is missing regulations underlined below, which this reconciliation also applies to.
(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); 31.11(c)(4); 31.11(d)(1); 31.12(c)(4); 32.55(d);
32.56; 32.74(a)(3); 34.89(b)(12); 39.41(f); 39.51; 39.75(e); 40.25(b); 40.25(d)(3);
40.35(d)(2) and (e)(2); 40.55(d)(2); 170.31: 16 and 170.31(1), and 171.17(b)(2), each reference to an Agreement State or non-Agreement State, means an Agreement State or the NRC.
Connecticut provides reconciliation language for when the words non-agreement State only mean Connecticut. Connecticut should update Section 22a-153-1.(b)(5)(G) to also include 31.8(a)(1), and 70.19(a)(1).
(G) In 10 CFR 31.6; 31.8(a)(1); and 70.19(a)(1), where the words any non-agreement state or offshore waters are used, substitute the words State of Connecticut.
Connecticut Section 22a-153-1.(b)(5)(H)-(I) contains reconciliation language that when Section 22a-153-1.(b)(5)(F)-(G) is updated, will be made redundant. After updating Section 22a-153-1.(b)(5)(F)-(G), Connecticut should consider deleting Section 22a-153-1.(b)(5)(H)-(I)
(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.
The NRCs rules of practice and procedure are set forth in 10 CFR Part 2. Connecticut provides reconciliation language for some of the regulations that reference 10 CFR Part 2, subpart B, which should instead refer to applicable state rules of practice and procedure. However, the NRC has recently identified additional instances where such reconciliation language should be applied. Thus, the NRC suggests Connecticut make the following revisions:
(J) In 10 CFR 19.11(a)(4); 30.10(b); 40.10(b); 70.10(b); and 71.8(c), the reference to 10 CFR 2, subpart B is replaced with a reference to Sections 22a-6b and 22a-158 of the Connecticut General Statutes.
(K) 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. Similarly, in 10 CFR 61.73(d) and 70.21(d), the reference to part 2 is replaced with section 1-210 of the Connecticut General Statutes Additionally, Connecticut should consider updating the 10 CFR Part 30 incorporation by reference in Section 22a-153-1.(b)(3), Table 1.0, to remove the phrase, 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.
There are no comments for (L).
Connecticut provides reconciliation language for some of the regulations where the word Department should refer to the Department of Energy. For additional clarity, Connecticut should consider adding the following additional reconciliation language.
(M)In 10 CFR 30.12, 30.41(b)(1), the definition of Department of Energy in 10 CFR 40.4 and 70.4, 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; There are no comments for (N)-(R).
Connecticut Section 22a-153-1.(b)(5)(S) lists certain regulations where reference to the Atomic Energy Act of 1954, as amended, should mean the Connecticut General Statutes.
Reconciliation language is provided below to add additional sections.
(S) In 10 CFR 19.15; 19.16; 30.12; 30.13; 30.14; 30.15; 30.18; 30.19; 30.20; 30.21; 30.22; 30.34, 30.41(b)(3); 30.61(b); 36.15; 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, act, Section 81 of the Act, Section 81 and 82 of the Act, or section 182 of the Act means sections 22a-148 to 22a-158, inclusive, of the Connecticut General Statutes.
The NRC staff recommends adding the below proposed language as Connecticut Section 22a-153-1.(b)(5)(T).
(T) In 10 CFR 30.41(b)(2), 40.51(b)(2), and 70.42(b)(2), agency in any Agreement State means agency in any Agreement State or agency under NRC jurisdiction.
The NRC staff recommends adding the below proposed language as new Connecticut Section 22a-153-1.(b)(5)(U) to clarify that Connecticut licensees can transfer material to the NRC licensees, agencies under NRC jurisdiction, and other Agreement States licensees.
(U) In 10 CFR 30.41(b)(4), 40.51(b)(4), and 70.42(b)(4), where a reference is made to any person in an Agreement State, subject to the jurisdiction of that State, who has been exempted from the licensing requirements and regulations of that State it means, any person in an Agreement State or in NRC jurisdiction, subject to the jurisdiction of that State or the NRC, who has been exempted from the licensing requirements and regulations of that State or the NRC.
Connecticut incorporates various regulations that reference 10 CFR Part 51. The NRCs environmental regulations are set forth in 10 CFR Part 51. The NRC staff recommends the below reconciliation language for inclusion as 22a-153-1.(b)(5)(V).
(V) In 10 CFR 30.32(f), 30.33, 40.31(f), and 40.32(e) the reference to 10 CFR Part 51 is replaced with [equivalent state regulations and provisions].
10 CFR 20.1404(b) references comments provided by the Environmental Protection Agency (EPA). Connecticut should consider excluding this reference to the EPA from incorporation by reference because Connecticut is not required to solicit and address comments from the EPA.
10 CFR 20.1405(a)(2) also references the EPA. To enhance clarity and avoid confusion, Connecticut should consider excluding this provision from incorporation by reference because the language concerning separately notifying and soliciting comments from the EPA does not apply to Connecticut.
10 CFR 20.1405(b) references the Federal Register. Please add reconciliatory language to provide reference to the Connecticut State Register.
(W) References to the Federal Register found in 20.1405(b), means [substitute reference to State register].
Various sections of 10 CFR that Connecticut has incorporated reference other Parts of 10 CFR that cannot be incorporated by Connecticut or otherwise adopted, including 10 CFR Parts 21, 60, 63, 73, and 74. Suggest that Connecticut consider adding the following reconciliation language to enhance clarity when incorporated sections of 10 CFR reference these other Parts.
(X) In 61.55(a)(2)(iv) the reference to part 60 or 63 of this chapter is replaced with Title 10 Code of Federal Regulations in Part 60 or 63.
(Y) In 10 CFR 31.2, 31.5(b)(10), 31.7(b), 31.8(c), 31.11(f), 31.12(b), 40.13, 40.22(d), and 70.19(c) the reference to 21 of this chapter is replaced by 10 CFR Part 21.
(Z) In 10 CFR 34.45(a)(9) and in 10 CFR 39.63(l), the phrase as required by part 21 of this chapter and in 34.101(a), the phrase such as § 21.21, are excluded.
(AA)
Any reference to part 73 of this chapter is a reference to 10 CFR Part 73.
(BB)
In 10 CFR 150.20, 74.11, 74.15, and 74.19 of this chapter is replaced by 10 CFR 74.11, 74.15, and 74.19 The NRC staff recommends adding the below proposed reconciliatory language to provide reference to Connecticuts radiation advisory committee as opposed to the Advisory Committee on the Medical Uses of Isotopes, which is an official advisory body to the NRC staff.
(CC)
Any reference to the Advisory Committee on the Medical Uses of Isotopes (ACMUI) shall be deemed to be a reference to the [Departments Radiation Advisory Committee].
Connecticut incorporates by reference 10 CFR 39.11, which references the definition of Person in 10 CFR 30.4. As Connecticut has excluded the NRC definition of Person and drafted its own definition, Connecticut should consider adding reconciliation language referencing its own definition.
(DD)
In 39.11, reference to the definition of person in 10 CFR 30.4 is a reference to the definition of person provided in Section 22a-153-1.(c) of the Connecticut General Statutes.
Currently, Connecticut includes reconciliation language located in several places in Section 22a-153-1.(b)(3), Table 1.0 to address references areas under NRCs exclusive regulatory authority.
For increased readability, Connecticut can remove those references from Table 1.0 (see Editorial Comment 3, below) and instead include a new condition with the reconciliation language provided below:
(EE)
References to parts of Title 10 of the Federal Code of Regulations that remain under NRCs regulatory authority (e.g., 10 CFR Parts 50, 52, 54, 60, 63, 72, 76, and 110); and the phrase common defense and security) are not incorporated.
Connecticut incorporates various sections including 10 CFR Parts 31, 32, and 70 which provide labeling requirement language. To enhance clarity and avoid confusion, this language should remain and Connecticut should not be substituted for the NRC in the required labeling statements. Suggested reconciliation language is provided below.
(FF)
Required statements for labeling referenced in 10 CFR are preserved.
4.
Section 22a-153-1.(b)(3), Table 1.0 Section 22a-153-1.(b)(3), Table 1.0 contains language to exclude some Parts of 10 CFR and phrases, such as common defense and security, that are under NRC jurisdiction. With the reconciliation language proposed in Editorial Comment 2, (EE), Connecticut no longer needs this language and can optionally remove it from Table 1.0.
5.
Section 22a-153-1.(b)(3), Table 1.0 and Section 22a-6b-3, Sec. 2 Connecticut incorporates by reference the definition of Government agency that appears in various parts of 10 CFR, including Parts 20, 30, 37, 40, 61, 70 and 150. In each instance, the compatibility category of Government Agency is compatibility category D. The definition in 10 CFR, however, is focused on federal authorities, referring to entities wholly or partly owned by the United States or in the executive branch of the Federal Government.
To enhance clarity and avoid confusion, Connecticut should either consider adding reconciliation language for this definition or excluding it entirely from the states list of NRC regulations it is incorporating by reference. If Connecticut decides to exclude it, as recommended in Editorial Comment #1, it could, optionally, draft its own comparable language.
The NRC stresses that the definition is compatibility category D so drafting a separate definition for Government Agency is not required for compatibility.
If Connecticut chooses to draft its own version of the definition of Government agency, in Section 22a-153-1.(c), Connecticut will need to update Section 22a-153-1.(b)(5) to state that A reference to the definition of Government agency in 10 CFR is a reference to the definition of Government agency in [location of Connecticut definition of Government agency].
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 to 22a-153-150, inclusive; and Repeal of Sections 19-24-1 to 19-24-14, inclusive, Sections 19-25a-1 to 19-25a-5, inclusive, and Sections 19-25d-1 to 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.
(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 sections 22a-153-1 to 22a-153-150, inclusive, of the Regulations of Connecticut State Agencies.
(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.
Table 1.0 - Incorporation by Reference of 10 CFR 19, 20, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 61, 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 19.1; 19.2; 19.4; 19.5; 19.8; 19.11(a)(4), (b) and (e);
19.14(a); 19.18; 19.20; 19.30; 19.32 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 Code of Federal 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 20.001; 20.1002; 20.1003 definitions of Byproduct Material, Commission, Department, Generally applicable environmental radiation standards, Government agency, Person, Source Material and Special Nuclear Material; 20.1006; 20.1007; 20.1008; 20.1009; reference to the Environmental Protection Agency in 20.1404(b); 20.1405(b); 20.1406(b); 20.1905 (g); 20.2106(d); 20.2109; 20.2203(c) and (d);
20.2206(a)(1), (3), (4), (5) and (6); 20.2401; and 20.2402; Appendix D; and Appendix F are not incorporated. In 20.1002; 20.1401; and 20.1406, references to parts of Chapter 10 of the Code of Federal 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 30.3(b)(1), (2), (3); 30.4 definitions of Byproduct material, Commission, Department, Government agency; Person, Sealed source, Source Material and Special Nuclear Material; 30.5; 30.6; 30.7; 30.8; 30.11(b) and (c); 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 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 31.1; 31.4; 31.13; 31.14; 31.15; 31.16; 31.17; 31.18; 31.19; 31.20; 31.22 and 31.23 are not incorporated. The word Federal in 31.5(a) is not incorporated. In 10 CFR 31.5(c)(7) and 31.12(c)(3), the phrase part 110 is replaced by 10 CFR part 110.
22a-153-31 General licenses for radioactive material.
32 Specific domestic licenses to manufacture or transfer certain items containing byproduct material.
Sections 32.1(c)(1); 32.3; 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; 32.301; and 32.303 are not incorporated.
No applicable Connecticut Regulation.
33 Specific domestic licenses of broad scope for byproduct material.
Sections 33.1; 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 34.1; 34.3 definition of Sealed source; 34.5; 34.8; 34.45(a)(9) the words as required by 10 CFR part 21 of this chapter; 34.101(a) the words such as § 21.21; 34.121; and 34.123 are not incorporated.
No applicable Connecticut Regulation.
35 Medical use of byproduct material.
Sections 35.1; 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 36.1(a); 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 37.1; 37.3(b)(2), 37.5 definitions of Byproduct material, Commission, Government agency; 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 39.1; 39.2 definition of Sealed source; 39.5; 39.8; the words common defense and security in 39.91; 39.63(l) the words as required by 10 CFR part 21 of this chapter; 39.101 and 39.103 are not incorporated.
No applicable Connecticut Regulation.
40 Domestic licensing of source material.
Sections 40.1; 40.2; 40.4 definitions of Byproduct Material, Commission, Department, Government agency; Persons, Foreign Obligations, Reconciliation, Source Material and Special Nuclear Material; 40.5; 40.6; 40.8; 40.12(b); 40.13(c)(5)(iv); 40.20(b) and (c);
40.23; 40.27; 40.28; 40.31(g), (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 term Federal in 40.22(a) is not incorporated.
No applicable Connecticut Regulation.
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), 70.4 definitions of Commission, Department, Government agency; 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); 70.23a; 70.23(a)(1), (a)(6) through (a)(12) and (b);
70.24; 70.25(a)(1); 70.31(c), (d) and (e);
70.32(a)(1), (a)(4) through (a)(7); 70.32(b)(1),
(b)(3) and (b)(4), (c), (d), (e), (f), (g), (h), (i), (j) and through (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 incorporated.
No applicable Connecticut Regulation.
71 Packaging and transportation of radioactive material.
Sections 71.0(a), (b), (d), (e), (f), and (g); 71.2; 71.6; 71.9; 71.10; 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; 71.53; 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 terms applicant and certificate holder 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 150.1; 150.2; 150.3 definitions of Byproduct Material, Commission, Foreign Obligations, Government Agency; 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.
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),
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, 8, 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, 8, 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 to 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 such sections of 10 CFR:
(A)
Reference to NRC or Commission, or synonymous variations thereof, means the Commissioner of Energy and Environmental Protection, except when used in the following: the definition of Agreement State found in 10 CFR 30.4, 35.2, 37.5. 40.4, 70.4, and 150.3; the definition of Sealed Source and Device Registry in 32.2 and 35.2; references to NRC's Medical Uses Licensee Toolkit web page in 10 CFR Part 35; references to a master material license or licensee in 10 CFR Part 35; definition of Fingerprint orders found in 37.5; 37.25(b)(2); 37.27(a) and (c); 37.29(a)(1); 37.31(d);
the reference to the NRCs license verification system in 37.71(a)-(c);
39.63(l); 40.4; 40.35(f); 61.55(a)(2)(iv); 70.10; 70.19(a)(2), (a)(3), and 70.19(c)(3); the definitions of certificate holder and certificate of compliance (CoC) in 71.4; 71.17(e); 71.88(a)(4); and 71.93(c); 71.10; and in the definition of Special Nuclear Material in 10 CFR 20.1003; 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), each 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 holder and certificate of compliance (CoC) in 71.4, 71.10, and in the definition of Special Nuclear Material in 10 CFR 20.1003, each reference to NRC, Commission, or Atomic Energy Commission means the Commissioner of Energy and Environmental Protection; (B)
A Each reference to NRC or Agreement State, U.S. NRC or of an Agreement State, Commission or to an 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, Commission or an Agreement State, Commission or with an Agreement State, Commission or the licensing agency of an Agreement State, or Commission or by an Agreement State, means the Connecticut Department of Energy and Environmental Protection, the NRC, or Agreement State; (C)
A Each reference to or equivalent Agreement State regulations or the equivalent Agreement State regulations means NRC regulations in Title Chapter 10 of the Code of Federal Regulations, or equivalent Agreement State regulations. A reference to or equivalent Agreement State requirements or equivalent requirements of an Agreement State 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, equivalent regulations of the Agreement State or equivalent Agreement State regulations means NRC regulations in Title 10 of the Code of Federal Regulations, or equivalent regulations of an Agreement State. A reference to equivalent provisions of an Agreement State, equivalent Agreement State provisions or equivalent provisions in Agreement State regulations means equivalent provisions of the NRC or of an Agreement State.
(D)
The information identified below shall be submitted by a licensee 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 as published by the department, 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 with 10 CFR 37.27, and (iii)
Communications and reports concerning sections 22a-153-1 to 22a-153-150, inclusive, of the Regulations of Connecticut State Agencies 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; (iv)
In 10 CFR 37.77(a)-(d), references to notifications to the NRC, including reference to the contact information in 37.77(a)(1) remain.
Additionally, the language in 10 CFR 37.77(d); 10 CFR 71.97(c)(3)(ii) and (iii); and in 71.97(f) is preserved; (E)
Instructions in the incorporated sections of 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), 31.11(c)(4); 31.11(d)(1);
31.12(c)(4), 32.55(d), 32.56, 32.74(a)(3), 34.89(b)(12), 39.41(f); 39.51; 39.75(e),
40.25(b), 40.25(d)(3), 40.35(d)(2) and (e)(2), ); 40.55(d)(2); 170.31: 16 and 170.31(1), and 171.17(b)(2), each reference to an Agreement State or non-Agreement State, means an Agreement State or the NRC; (G)
In 10 CFR 31.6; 31.8(a)(1); and 70.19(a)(1), whenever the words any non-Agreement State or offshore waters, as defined in section 150.3(f) of this chapter are used, the state of Connecticut shall be substituted; (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 19.11(a)(4), 30.10(b), 40.10(b), 70.10(b) and 71.8(c), the reference to 10 CFR 2, subpart B is replaced with a reference to sections 22a-6b and 22a-158 of the Connecticut General Statutes; (K)
In 10 CFR 40.31(c), the reference to parts 2 and 9 of this chapter, relating to public records, is replaced with a reference to section 1-210 of the Connecticut General Statutes. Similarly, in 10 CFR 61.73(d) and 70.21(d), the reference to part 2 is replaced with section 1-210 of the Connecticut General Statutes; (L)
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; (M)
In 10 CFR 30.12, 30.41(b)(1), the definition of Department of Energy in 10 CFR 40.4 and 70.4; 40.11, 40.14(c), 40.51(b)(1), 70.11, 70.42(b)(1), the word Department means the U.S. Department of Energy; (N)
In 10 CFR 70.50(c) concerning preparation and submission of reports, all communications by licensees 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; (O)
In 10 CFR 71, Subpart H, and in 10 CFR 170 and 171, the terms Certificate of Compliance, certificate holder, and applicant for CoC refer to a certificate, certificate holder or applicant that remain under NRC jurisdiction; (P)
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; (Q)
In 10 CFR 71.101(c)(1), using an appropriate method listed in section 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 (R)
In 10 CFR 150.20, where the words:
(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.
(S)
In 10 CFR 19.15, 19.16, 30.12, 30.13, 30.14, 30.15, 30.18, 30.19, 30.20, 30.21, 30.22, 30.34, 30.41(b)(3), 30.61(b), 36.15, 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, act, Section 81 of the Act, Section 81 and 82 of the Act, or section 182 of the Act means sections 22a-148 to 22a-158, inclusive, of the Connecticut General Statutes.
(T)
In 10 CFR 30.41(b)(2), 40.51(b)(2), and 70.42(b)(2), agency in any Agreement State means agency in any Agreement State or agency under NRC jurisdiction.
(U)
In 10 CFR 30.41(b)(4), 40.51(b)(4), and 70.42(b)(4), where a reference is made to any person in an Agreement State, subject to the jurisdiction of that State, who has been exempted from the licensing requirements and regulations of that State it means, any person in an Agreement State or in NRC jurisdiction, subject to the jurisdiction of that State or the NRC, who has been exempted from the licensing requirements and regulations of that State or the NRC.
(V)
In 10 CFR 30.32(f), 30.33, 40.31(f), and 40.32(e) the reference to 10 CFR Part 51 is replaced with [equivalent state regulations and provisions].
(W)
References to the Federal Register found in 20.1405(b), means [substitute reference to State register].
(X)
In 61.55(a)(2)(iv) the reference to part 60 or 63 of this chapter is replaced with Title 10 Code of Federal Regulations in Part 60 or 63.
(Y)
In 10 CFR 31.2, 31.5(b)(10), 31.7(b), 31.8(c), 31.11(f), 31.12(b), 40.13, 40.22(d),
and 70.19(c) the reference to 21 of this chapter is replaced by 10 CFR Part
- 21.
(Z)
In 10 CFR 34.45(a)(9) and in 10 CFR 39.63(l), the phrase as required by part 21 of this chapter and in 34.101(a), the phrase such as § 21.21, are excluded.
(AA)
Any reference to part 73 of this chapter is a reference to 10 CFR Part 73.
(BB)
In 10 CFR 150.20, 74.11, 74.15, and 74.19 of this chapter is replaced by 10 CFR 74.11, 74.15, and 74.19 (CC)
Any reference to the Advisory Committee on the Medical Uses of Isotopes (ACMUI) shall be deemed to be a reference to the [Departments Radiation Advisory Committee].
(DD)
In 39.11, reference to the definition of person in 10 CFR 30.4 is a reference to the definition of person provided in Section 22a-153-1.(c) of the Connecticut General Statutes.
(EE)
References to parts of Title 10 of the Federal Code of Regulations that remain under NRCs regulatory authority (e.g., 10 CFR Parts 50, 52, 54, 60, 63, 72, 76, and 110); and the phrase common defense and security) are not incorporated.
(FF)
Required statements for labeling referenced in 10 CFR are preserved.
(c)
Definitions.
The definition of any term in this subsection applies to any such term as used in sections 22a-153-1 to 22a-153-150, inclusive, of the Regulations of Connecticut State Agencies concerning the Radioactive Materials Program. 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, or as defined or described in the provisions of subsection (b) of this section:
(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 (1) calendar quarter and no day in any one (1) 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 one (1) or more locations on a site under the same administrative control at which:
(A)
The possession, use, processing or storage of radioactive materials is or was authorized; or (B)
One (1) or more radiation-producing machines or radioactivity-inducing machines are installed or located.
(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 (1E6 Bq), an SI unit of activity where one (1) becquerel is equal to one (1) disintegration per second or one (1) transformation per second of radioactive material.
(12)
Milliroentgen or mR means the unit of radiation exposure and is equal to 2.58E-7 coulombs per kilogram of air.
(13)
NORM means naturally occurring radioactive material.
(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" or "radioactive materials" has the same meaning as "radioactive materials" 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)
Year means the twelve (12)-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.
(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 in accordance with 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 sections 22a-153-1 to 22a-153-150, inclusive, of the Regulations of Connecticut State Agencies.
(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 sections 22a-153-1 to 22a-153-150, inclusive, of the Regulations of Connecticut State Agencies 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 sections 22a-153-1 to 22a-153-150, inclusive, of the Regulations of Connecticut State Agencies may have been 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:
(A)
Radioactive materials; (B)
Facilities in which radioactive materials are used or stored; (C)
Radiation detection and monitoring instruments; or (D)
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 in accordance with section 22a-155 of the Connecticut General Statutes. 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.
(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 radioactive materials unless such radioactive materials meet the requirements of sections 22a-153-1 to 22a-153-150, inclusive, of the Regulations of Connecticut State Agencies.
(c) Human use.
In addition to the requirements of sections 22a-153-1 to 22a-153-150, inclusive, of the Regulations of Connecticut State Agencies, 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 specifies in its written notice.
(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 required by 10 CFR 20 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.
(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 is required to comply with sections 22a-153-1 to 22a-153-150, inclusive, of the Regulations of Connecticut State Agencies, 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 therefor 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 sections 22a-153-1 to 22a-153-150, inclusive, of the Regulations of Connecticut State Agencies:
(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.
(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 sections 22a-153-1 to 22a-153-150, inclusive, of the Regulations of Connecticut State Agencies, 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 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 shall take effect on the anniversary date of the license.
(2)
An initial application for a license shall be accompanied by a remittance for the full amount of the fee 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 (2) 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 remittance for the full amount of the fee 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 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)
Any Connecticut state agency or Connecticut state university shall pay an annual license fee of zero (0) 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 not defined as byproduct material, source material, or special nuclear material within the state unless such person is subject to licensing for such material pursuant to 10 CFR 30, 10 CFR 40, or 10 CFR 70.
(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 unless registered with the commissioner.
(c)
Exempt quantities and items containing radioactive material.
The following quantities and items containing radioactive material identified in this subsection are exempt from the registration requirement of subsection (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 radioactivity of natural potassium (eight hundred fifty-seven picocurie per gram (857 pCi/gm) or thirty-one and seventy-two hundredths becquerel per gram (31.72 Bq/gm); 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 five tenths of a milliroentgen per hour (.5 mR/hr) at any readily accessible point five centimeters (5 cm) 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 one tenth of a microcurie (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 to 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.
(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 nineteen millirem (19 mrem) or nineteen one hundredths of a millisievert (0.19 mSv) per year shall be substituted for twenty-five millirem (25 mrem) or twenty-five hundredths of a millisievert (.25 mSv).
(d)
Effect of incorporation of 10 CFR 20.1403 Criteria for license termination under restricted conditions.
(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 (5) 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 shall 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, nineteen millirem (19 mrem) or nineteen hundredths millisievert (0.19 mSv)) per year shall be substituted for twenty-five millirem (25 mrem) or twenty-five hundredths millisievert
(.25 mSv) 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 to 22a-153-150, inclusive, of the Regulations of Connecticut State Agencies indicates a sealed source is leaking or contaminated by the presence of five one thousandths of a microcurie (.005 Ci) or one hundred eighty-five becquerels (185 Bq) or more of removable contamination, a report of the test shall be filed within five (5) days with the department describing the equipment involved, the test results and the corrective action taken.
(NEW) Sec. 22a-153-21 to 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 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 ninety (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 shall be processed by the department 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 thirty (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 making a finding, as provided in section 22a-154(b) of the Connecticut General Statutes.
(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.
(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.
(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 one millicurie (1 mCi) or thirty-seven megabecquerels (37 MBq) or more of accelerator-produced material, as determined on the date of manufacture, or one tenth of a millicurie (0.1 mCi) or three and seven tenths megabecquerels (3.7 MBq) 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 (6) 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 (3) 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 fifteen (15) days of such 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 (3) 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 (3) 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 (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 shall be issued to possess radioactive material produced incidentally to the operation of a particle accelerator. The general license shall be subject to the applicable provisions of this section, 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 as described under 10 CFR 20, Subpart K and 10 CFR 31.
(3)
A licensee may dispose of radioactive material only with the commissioners approval.
(NEW) Sec. 22a-153-32 and 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.
(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.
(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 ten microcuries (10 Ci) or thirty-seven hundredths megabecquerels (.37 MBq), 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 for a period not in excess of one hundred eighty (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 (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 license. If, for a specific case, the three (3) 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 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 department 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 thirty (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 ensure 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 and safety or property.
Sec. 2. Section 22a-6b-3 of the Regulations of Connecticut State Agencies is amended to read as follows:
As used in the departments Administrative Civil Penalty Regulations[,];
(1)
"100-Year Floodplain" means that area that is identified as the 100-year flood limit or the 100-year flood boundary or the special flood hazard areas inundated by the 100-year flood on a map developed by FEMA and adopted by the municipality wherein the area is located; (2)
"Administrative civil penalty" means a penalty calculated in accordance with the department's Administrative Civil Penalty Regulations; (3)
"Approval" means an approval issued by the commissioner of any document or action required or allowed by a permit or order issued by him, or of any document or action required by regulation or statute; (4)
Careless disregard means a situation in which a person acts with reckless indifference to at least one of three things: (1) the existence of a requirement, (2) the meaning of a requirement, or (3) the applicability of a requirement. Careless disregard occurs when a person is unsure of the existence of a requirement, the meaning of a requirement or the applicability of a requirement to a situation, but the person engages in conduct that the person knows may cause a violation, without first ascertaining whether a violation would occur; (5)
Category 1 quantity of radioactive material" has the same meaning as provided in 10 CFR 37.5; (6)
"Category 2 quantity of radioactive material" has the same meaning as provided in 10 CFR 37.5;
[(4)](7) "Coastal resources" means "coastal resources" as defined in section 22a-93 of the Connecticut General Statutes;
[(5)](8) "Commissioner" means "commissioner" as defined in subsection (b) of section 22a-2 of the Connecticut General Statutes;
[(6)](9) "Connecticut natural diversity data base" means the data base defined in section 23-73 of the Connecticut General Statutes;
[(7)](10) "Consumptive use" means any withdrawal from or removal of the waters of the state;
[(8)](11)"Department" means the Connecticut Department of Energy and Environmental Protection;
[(9)](12) "Diversion" means diversion as defined in section 22a-367 of the Connecticut General Statutes;
[(10)](13) "FEMA" means the Federal Emergency Management Agency;
[(11)](14) "Flood fringe" means any portion of the 100-year floodplain that is not located within the floodway;
[(12)] (15) "Floodway" means that area that is identified as the floodway on a map developed by FEMA and adopted by the municipality wherein the area is located;
[(13)] (16) "General permit" means a general permit issued by the commissioner under section 22a-45a, 22a-208a, 22a-349a, 22a-361, 22a-378a or 22a-411 of the Connecticut General Statutes;
[(14)](17) "Hearing officer" means "hearing officer" as defined in section 4-166 of the Connecticut General Statutes; (18) Impacts the commissioners ability to perform a regulatory function means a situation in which the commissioner is prevented from using appropriate regulatory tools to address noncompliance because the commissioner is unaware that the noncompliance exists;
[(15)] (19) "Inland water resources" means those wetlands and water resources that are regulated under sections 22a-36 through 22a-45a, sections 22a-342 through 22a-349a, sections 22a-365 through 22a-379, and sections 22a-401 through 22a-411 of the Connecticut General Statutes;
[(16)] (20) "Inland wetlands" means "wetlands" as defined in section 22a-38 of the Connecticut General Statutes;
[(17)] (21) "Legal requirement" means any provision of a statute, regulation, license, order or approval issued, entered, adopted or administered by the commissioner;
[(18)] (22) "License" means "license" as defined in section 4-166 of the Connecticut General Statutes; (23) Medical event has the same meaning as provided in 10 CFR 35.2;
[(19)] (24) "Order" means "order" as defined in section 22a-3a-2 of the Regulations of Connecticut State Agencies, and includes a penalty notice;
[(20)] (25) "Penalty notice" means a notice issued by the commissioner pursuant to subsection (c) of section 22a-6b of the Connecticut General Statutes, and includes an amended penalty notice;
[(21)] (26) "Permit" means a permit issued by the commissioner under Chapter 439, 440, 441, 446i, or 446j of the Connecticut General Statutes and includes a certificate of permission, a certificate of approval pursuant to section 22a-405 of the Connecticut General Statutes, a temporary authorization or emergency authorization pursuant to section 22a-6k of the Connecticut General Statutes, and a general permit;
[(22)] (27) "Person" [means "person" as defined] has the same meaning as provided in section 22a-2 of the Connecticut General Statutes, except that for purposes of determining civil penalties related to violations of chapter 446a, person has the same meaning as provided in section 22a-151 of the Connecticut General Statutes;
[(23)] (28) "Rare, threatened or endangered species" means any species determined by the commissioner in regulations adopted under section 26-306 of the Connecticut General Statutes to be endangered, threatened, or species of special concern;
[(24)] (29) "Referee" means an individual appointed by the Director of the Office of Adjudications to conduct a settlement conference in a department proceeding. Such individual may be an employee of the department;
[(25)] (30) "Respondent" means a person to whom or which an order is issued; (31) Serious physical injury has the same meaning as provided in section 53a-3 of the Connecticut General Statutes;
[(26)] (32) "Staff" means "staff" as defined in section 22a-3a-2(a) of the Regulations of Connecticut State Agencies; (33) Substantial potential means a situation in which an event did not occur but no barriers, whether procedural, administrative or physical system, including interlocks, were in place, any of which would have prevented an event from occurring;
[(27)] (34) "Tidal wetlands" mean "wetland" as defined in section 22a-29 of the Connecticut General Statutes;
[(28)] (35) "Violation" means a failure to comply with a legal requirement;
[(29)] (36) "Waters" means "waters" as defined in section 22a-423 of the Connecticut General Statutes;
[(30)] (37) "Water Quality Standards" means the standards of water quality adopted or amended by the commissioner under section 22a-426 of the Connecticut General Statutes;
[(31)] (38) "Watercourses" means "watercourses" as defined in section 22a-38 of the Connecticut General Statutes; and
[(32)] (39) "Wetlands" means "inland wetlands" and "tidal wetlands".
Sec. 3. Subsection (c) of section 22a-6b-8 of the Regulations of Connecticut State Agencies is amended by adding subdivision (4) as follows:
(NEW)
(4)
Violations related to Sources of Ionizing Radiation.
(A)
Each distinct violation of sections 22a-148 to 22a-162a, inclusive, of the Connecticut General Statutes, or of any regulation, order or permit administered or issued thereunder, or of an order administered or issued under section 16a-105, 22a-6 or 22a-7 of the Connecticut General Statutes to enforce any provision of section 16a-104 or sections 22a-148 to 22a-162a, inclusive, of the Connecticut General Statutes or a regulation or permit administered or issued thereunder, shall first be evaluated in terms of the actual or potential for harm to human health and welfare or the environment using each of the sub-factors listed in Tables 4A and 4B of this subdivision. The applicable category of harm for each sub-factor is the highest category that corresponds to the characteristics of the distinct violation. The actual or potential for harm of such violation shall be the highest category of harm identified in the sub-factor analysis.
(B)
The gravity-based penalty component for each distinct violation shall comprise the following:
(i)
A gravity-based penalty for the first day of violation, which is determined by first locating the penalty from the appropriate subcell in the penalty matrix in Table 4C, (ii)
A gravity-based penalty for each day the violation continued beyond the first day, up to a maximum of one-hundred-eighty (180) days thereafter, which is equal to either: Twenty-five percent (25%)
of the first day gravity-based penalty for each day such violation continued provided the violation commenced on or prior to one (1) year prior to the date of issuance of the penalty notice; or, if the violation commenced within one (1) year prior to the date of issuance of the penalty notice, one-hundred percent (100%) of the first day gravity-based penalty for each day such violation continued, up to a maximum of thirty (30) days, and twenty-five percent (25%) of such first day penalty for each additional day thereafter. If the violation commenced prior to {insert effective date of this regulation}, the first day of violation shall be the first day such violation continued after said date, and (iii)
At the sole discretion of the commissioner, a gravity-based penalty for each day the violation continued for more than one hundred eighty-one (181) days, provided such violation has caused high or very high harm to public health and safety or the environment. The amount of such gravity-based penalty shall not exceed the number of days the violation continued beyond one hundred eighty-one (181) days multiplied by twenty-five percent (25%) of the first day gravity-based penalty.
Table 4A Actual or Potential for Harm for Radioactive Materials Security Violations Sub-factor: Theft, Diversion, or Sabotage of Radioactive Materials Category of Harm Violations Very High
- 1. The theft, diversion, or sabotage of a Category 1 quantity of radioactive material results from the failure to establish or implement one or more legal requirements.
High
- 1. The theft, diversion, or sabotage of a Category 2 quantity of radioactive material results from the failure to establish or implement one or more increased control legal requirements.
Moderate
- 1. A licensee fails to immediately respond (e.g., without undue delay in accordance with the licensees prearranged plan) to an attempted theft, sabotage, or diversion of a Category 1 or Category 2 quantity of radioactive material, including a failure to request assistance from the local law enforcement agency, but the failure does not result in actual theft, sabotage, or diversion of radioactive material.
Sub-factor: Radioactive Materials Security Program Violations Category of Harm Violations Moderate
- 1. A licensee fails to establish or implement one or more increased control legal requirements.
Sub-factor: Information Security Violations Very High
- 1. A person who does not have authorization gains access to information requiring protection that may be useful to an adversary about technology or physical security plan of a facility, and both of the following are met:
Access to the information was not limited by other controls; and, The number of days the information was not controlled properly in accordance with the respective handling and storage legal requirements is greater than or equal to fourteen (14) days from the date of infraction to discovery of the non-compliance by either the licensee or the department.
High
- 1. A person who does not have authorization gains access to information requiring protection whose disclosure, taken by itself, would not aid an adversary in gaining information about a technology or physical security plan of a facility, and both of the following are met:
Access to the information was not limited by other controls; and, The number of days the information was not controlled properly in accordance with the respective handling and storage legal requirements is greater than or equal to fourteen (14) days from the date of infraction to discovery of the non-compliance by either the licensee or the department.
Moderate
- 1. A person who does not have authorization gains access to information requiring protection but either:
- Access to the information was limited by other controls: or,
- The number of days the information was not controlled properly in accordance with the respective handling and storage legal requirements is less than fourteen (14) days from the date of infraction to discovery of the non-compliance by either the licensee or the department.
- 2. Instances when information requiring protection has been secured, protected, or marked improperly but there is no evidence that anyone has accessed the information while it was improperly secured, protected or marked and either of the following conditions is met:
- The number of days the information was not controlled properly in accordance with the respective handling and storage legal requirements is greater than or equal to fourteen (14) days from the date of infraction to discovery of the non-compliance by either the licensee or the department; or,
- Access to the information was not limited by other controls Table 4B Actual or Potential for Harm for Other Violations Related to Sources of Ionizing Radiation Sub-factor: Operations Category of Harm Violations Very High
- 1. The loss of control over licensed or regulated activities, including chemical processes that are integral to the licensed or regulated activity, results in serious physical injury or loss of life.
- 2. A system designed to prevent or mitigate a safety event is inoperable when actually required to perform its design function, and this results in serious physical injury or loss of life.
- 3. Failure to use a properly prepared medical written directive as required or failure to develop, implement, or maintain procedures for medical administrations requiring a written directive as required results in serious physical injury or loss of life.
- 4. Failure to have or to follow required written operating and emergency procedures results in a serious physical injury or loss of life.
High
- 1. The loss of control over licensed or regulated activities, including chemical processes that are integral to the licensed or regulated activity, results in the substantial potential for a serious physical injury or loss of life, whether or not radioactive material is released.
- 2. A system designed to prevent or mitigate a safety event is inoperable when actually required to perform its design function.
- 3. A programmatic failure to implement medical written directives or procedures for administrations requiring a written directive, such as a failure of the licensees procedures to address one or more of the essential elements, or a failure to train personnel in those procedures, results in a medical event.
- 4. Failure to have or to follow required written operating procedures results in a substantial potential for a serious physical injury or death.
Moderate
- 1. A system designed to prevent or mitigate a safety event has one of the following characteristics:
(a) It is unable to perform its intended function under certain conditions (e.g., a safety system is not operable unless the required backup power is available); or, (b) It is outside design specifications to the extent that a detailed evaluation would be required to determine its operability.
- 2. Occurrence of a programmatic failure to implement written directives or procedures for administrations requiring a written directive.
- 3. A licensee fails to secure a portable gauge as required by regulation.1
- 4. A failure to implement the legal requirements for radiation safety during radiographic operations.
- 5. An unqualified person conducts licensed activities.
- 6. Licensed radioactive material is used on humans where such use is not authorized.
- 7. A licensee authorizes the release from its control of an individual who does not meet the release criteria for individuals containing unsealed byproduct material or implants containing byproduct material.
- 8. An individual without supervision operates an irradiator when the individual has not been trained as required.
- 9. Occurrence of a programmatic failure to have and follow required written operating procedures.
- 10. Occurrence of a programmatic failure to perform required irradiator inspection and maintenance checks.
- 11. A licensee fails to seek required approval before the implementation of a change in licensed activities that has radiological or programmatic significance.
- 12. A licensee fails to meet decommissioning legal requirements.
Sub-factor: Health Physics2 Category of Harm Violations Very High
- 1. An adult radiation worker receives a radiation exposure during any year in excess of twenty-five rem (25 rem) or twenty-five hundredths of a sievert (0.25 Sv)) total effective dose equivalent; seventy-five rem (75 rem) or seventy-five hundredths of a sievert (0.75 Sv) to the lens of the eye; or two hundred fifty rem (250 rem) or two and five tenths sieverts (2.5 Sv) to the skin of the whole body, or to the feet, ankles, hands, or forearms, or to any other organ or tissue.
1 Civil penalty does not apply if a licensee fails to secure a portable gauge, whenever the gauge is not under the control and constant surveillance of the licensee, if one level of physical control existed and there was no actual loss of material, and that failure is not repetitive.
2 Personnel overexposures and associated violations incurred during a lifesaving or other emergency response effort shall be assessed on a case-by-case basis.
- 2. A declared pregnant woman receives a radiation exposure over the gestation period of the embryo/fetus of two and five tenths rem (2.5 rem) or twenty-five thousandths of a sievert (0.025 Sv) total effective dose equivalent.
- 3. A minor radiation worker (i.e., an individual less than 18 years of age) receives a radiation exposure during any year in excess of two and five tenths rem (2.5 rem) or twenty-five thousandths of a sievert (0.025 Sv) total effective dose equivalent; seven and five tenths rem (7.5 rem) or seventy-five thousandths of a sievert (0.075 Sv) to the lens of the eye; or twenty five rem (25 rem) or twenty-five hundredths of a sievert (0.25 Sv) to the skin of the whole body, or to the feet, ankles, hands or forearms, or to any other organ or tissue.
- 4. A member of the public receives an annual exposure in excess of one rem (1 rem) or one hundredth of a sievert (0.01 Sv) total effective dose equivalent.
- 5. A release of radioactive material occurs to an unrestricted area in annual average concentrations in excess of fifty (50) times the limits for members of the public.
- 6. Disposal of licensed radioactive material into sanitary sewerage occurs in quantities or concentrations in excess of ten (10) times the release limits.
High
- 1. An adult radiation worker receives a radiation exposure during any year in excess of ten rem (10 rem) or one tenth of a sievert (0.1 Sv) total effective dose equivalent; thirty rem (30 rem) or three tenths of a sievert (0.3 Sv) to the lens of the eye; or one hundred rem (100 rem) or one sievert (1.0 Sv) to the skin of the whole body, or to the feet, ankles, hands, or forearms, or to any other organ or tissue.
- 2. A declared pregnant woman receives a radiation exposure over the gestation period of the embryo/fetus in excess of one rem (1.0 rem) or one hundredth of a sievert (0.01 Sv) total effective dose equivalent.
- 3. A minor radiation worker receives a radiation exposure during any year in excess of one rem (1.0 rem) or one hundredth of a sievert (0.01 Sv) total effective dose equivalent; three rem (3.0 rem) or three hundredths of a sievert (0.03 Sv) to the lens of the eye; or ten rem (10 rem) or one tenth of a sievert (0.1 Sv) to the skin of the whole body, or to the feet, ankles, hands, or forearms, or to any other organ or tissue.
- 4. A member of the public receives an annual exposure in excess of five tenths of a rem (0.5 rem) or five millisieverts (5 mSv) total effective dose equivalent.
- 5. Release of radioactive material occurs to an unrestricted area in annual average concentrations in excess of ten (10) times the regulatory limits except when the commissioner has approved operation up to five tenths of a rem (0.5 rem) or five millisieverts (5 mSv) per year.
- 6. Disposal of licensed radioactive material into sanitary sewerage occurs in quantities or concentrations in excess of five (5) times the release limits.
Moderate
- 1. An adult radiation worker receives a radiation exposure during any year in excess of five rem (5 rem) or five one hundredths of a sievert (0.05 Sv) total effective dose equivalent; fifteen rem (15 rem) or fifteen one hundredths of a sievert (0.15 Sv) to the lens of the eye; or fifty rem (50 rem) or five one hundredths of a sievert (0.5 Sv) to the skin of the whole body or to the feet, ankles, hands, or forearms, or to any other organ or tissue.
- 2. A declared pregnant woman receives a radiation exposure over the gestation period of the embryo/fetus in excess of five tenths of a rem (0.5 rem) or five millisieverts (5 mSv) total effective dose equivalent.3
- 3. A minor radiation worker receives a radiation exposure during any year in excess of five tenths of a rem (0.5 rem) of five millisieverts (5 mSv) total effective dose equivalent; one and five tenths of a rem (1.5 rem) or fifteen one thousandths of a sievert (0.015 Sv) to the lens of the eye; or five rem (5 rem) or five one hundredths of sievert (0.05 Sv) to the skin of the whole body, or to the feet, ankles, hands, or forearms, or to any other organ or tissue.
- 4. A member of the public receives an annual exposure in excess of one tenth of a rem (0.1 rem) or one millisievert (1 mSv) total effective dose equivalent except when operation up to five tenths of a rem (0.5 rem) or five millisieverts (5 mSv) per year is authorized by regulation.
- 5. A release of radioactive material occurs to an unrestricted area in annual average concentrations in excess of two (2) times the effluent concentration regulatory limits except when the commissioner has 3 Except when doses are in accordance with the provisions of 10 CFR 20.1208(d)) which has been incorporated by reference in RCSA 22a-153-20.
approved operation up to five tenths of a rem (0.5 rem) or five millisieverts (5 mSv) per year.
- 6. A substantial potential exists for exposures or releases in excess of the applicable regulatory limits, whether or not an exposure or release occurs.
- 7. Disposal of radioactive material occurs in quantities or concentrations in excess of the regulatory limits.
- 8. A licensee releases, for unrestricted use, contaminated or radioactive material or equipment that poses a substantial potential for exposure of the public exceeding the annual dose limits for members of the public.
- 9. A technically unqualified person conducts licensee activities.
- 10. A violation involves failure to secure, or maintain surveillance over, licensed radioactive material in any of the following situations:
(a) involves licensed radioactive material in any aggregate quantity greater than one thousand (1,000) times the quantity of licensed radioactive material requiring labeling; (b) involves licensed radioactive material in any aggregate quantity greater than ten (10) times the quantity of licensed radioactive material requiring labeling, where the failure is accompanied by the absence of a functional program to detect and deter security violations that includes training, staff awareness, detection (including auditing), and corrective action (including disciplinary action); or (c) results in a substantial potential for exposures or releases in excess of the applicable regulatory limits.
Sub-factor: Transportation of Radioactive Materials4 Category of Harm Violations Very High
- 1. Failure to meet transportation legal requirements results in loss of control of radioactive material with a breach in package integrity such that the radioactive material causes a radiation exposure to a member of the public in excess of the regulatory limits.
4 Some transportation legal requirements apply to more than one licensee involved in the same activity (e.g., a shipper and a carrier). When such a violation occurs, the commissioner shall direct enforcement action against the responsible licensee or licensees.
- 2. Surface contamination exceeds fifty (50) times regulatory limits.
- 3. External radiation levels exceed ten (10) times the regulatory limits.
High
- 1. Failure to meet transportation legal requirements results in loss of control of radioactive material with a breach in package integrity such that there is a substantial potential for a member of the public to receive a radiation exposure in excess of the regulatory limits.
- 2. Surface contamination exceeds ten (10) times, but not more than fifty (50) times, regulatory limits.
- 3. External radiation levels exceed five (5) times, but not more than ten (10) times, regulatory limits.
Moderate
- 1. Surface contamination exceeds five (5) times, but not more than ten (10) times, regulatory limits.
- 2. External radiation exceeds one (1) times, but not more than five (5) times, regulatory limits.
- 3. A violation involves labeling, placarding, shipping paper, packaging, loading, or other legal requirements that could reasonably result in any of the following:
(a) a failure to identify the type, quantity, or form of radioactive material; (b) a failure of the carrier or recipient to exercise adequate controls; or, (c) a substantial potential for either personnel exposure or contamination above regulatory limits or improper transfer of radioactive material.
Sub-factor: Impacts the Commissioners Ability to Perform a Regulatory Function Category of Harm Violations Very High
- 1. A person provides or maintains information with careless disregard of its completeness or accuracy. If this information had been completely and accurately provided or maintained, it would likely have caused the commissioner to issue an order requiring suspension or cessation of the licensed activity or other immediate action to protect the public health and safety or the environment.
- 2. A withholding of information or a failure to make a required report occurs, with careless disregard of the underlying legal requirement. If the information had been provided or the report been made, it would likely have caused the commissioner to issue an order requiring suspension or cessation of the licensed activity or other immediate action to protect the public health and safety or the environment.
High
- 1. A person provides or maintains information with careless disregard of its completeness or accuracy. If this information had been completely and accurately provided or maintained, it would likely have caused the commissioner to reconsider a regulatory position or undertake a further inquiry.
- 2. A withholding of information or a failure to make a required report occurs with careless disregard of the underlying legal requirement. If the information had been provided or the report been made, it would likely have resulted in reconsideration of a regulatory position or further inquiry.
- 3. Inaccurate or incomplete information is provided or maintained, with careless disregard of the underlying legal requirement. If this information had been completely and accurately provided or maintained, it would likely have caused the commissioner to issue an order requiring suspension or cessation of licensed activity or other immediate action to protect the public health and safety or the environment.
Moderate
- 1. Inaccurate or incomplete information is provided or maintained, with careless disregard of the underlying legal requirement. If this information had been completely and accurately provided or maintained, it would likely have caused the commissioner to reconsider a regulatory position or undertake a further inquiry.
- 2. A withholding of information or a failure to make a required report occurs, with careless disregard of the underlying legal requirement, including but not limited to, a failure to make a twenty-four (24) hour report or notification when required. If this information had been provided or the report been made, it would likely have caused the commissioner to reconsider a regulatory position or undertake further inquiry.
- 3. A programmatic failure to comply with reporting legal requirements for transactions involving nationally tracked sources occurs, where a nationally tracked source has the same meaning as provided in 10 CFR 20.1003.
Low
- 1. Failure to register or renew a registration for a source of radiation requiring registration pursuant to section 22a-148(b) or 22a-150 of the Connecticut General Statutes.
- 2. A licensee fails to make an immediate notification when required.
Table 4C Penalty Matrix for Radioactive Material Violations Actual or Potential for Harm Gravity-Based Penalty for Radioactive Materials Security Violations Gravity-Based Penalty for Other Violations related to Sources of Ionizing Radiation Very High
$25,000
$16,000 High
$20,000
$12,000 Moderate
$12,000
$8,000 Low Not Applicable
$1,000 Sec. 4. Sections 19-24-1 to 19-24-14, inclusive, sections 19-25a-1 to 19-25a-5, inclusive, and sections 19-25d-1 to 19-25d-11, inclusive, of the Regulations of Connecticut State Agencies are repealed.
Statement of purpose.
Purpose of proposal.
This proposal takes the existing regulatory framework for users of radioactive material into the 21st century. The existing regulations have not been revised since their adoption in 1982, but our understanding of radiation and applicable federal regulations have changed considerably in the last four decades. The new regulations take into account changes in the science and understanding of radiation safety as set out in regulations of the Nuclear Regulatory Commission (NRC). The new regulations are consistent with the NRCs regulations, which will create a more uniform regulatory environment for the regulated sources. Consistency with the federal regulations is achieved by incorporation by reference of the NRC regulations.
The proposal also adds civil penalties for violations related to sources of ionizing radiation to the departments existing administrative civil penalties.
Main provisions. Section 1 of this proposal is the adoption of new sections of the RCSA concerning users of radioactive material. While the department currently regulates ionizing radiation through RCSA sections 19-24-1 through 19-24-14 (sources and materials), 19-25a-1 through 19-25a-5, and 19-25d-1 through 19-25d-11 (x-ray devices), those regulatory sections are proposed for repeal (Section 4). To the departments existing administrative civil penalties, violations related to radioactive materials and other sources of ionizing radiation are added, and the approach to use in calculating the level of the penalty is set out. Definitions specific to violations related to sources of ionizing radiation are also added. (Sections 2-3)
Legal effects. In repealing and replacing the current regulations concerning radioactive material, the proposal does not change the number and types of entities regulated.
Because current NRC license holders are now subject to these requirements, they will experience minimal change in the nature of the requirements but will experience improved efficiency by the transfer of the administration of the regulations to the department. This more comprehensive and up-to-date state regulatory framework is a necessary step in creating the regulatory infrastructure to support the states effort to become an Agreement State with the NRC. As an Agreement State, the NRC will transfer a portion of its authority to license and regulate ionizing regulation to DEEP.
The department has used future incorporation by reference of the NRCs regulations to achieve compatibility and consistency with the NRCs requirements as required to attain and maintain Agreement State status. Compatibility is required by sections 16a-100 and 22a-148 of the Connecticut General Statutes.
The new civil penalties are consistent with the authority provided in CGS section 22a-6b. The civil penalties that will be charged by the department are essentially the same as those now imposed on violators by the NRC. A new standard of conduct, careless disregard, is added consistent with this standard in the NRC Enforcement Policy. Civil penalties are assigned based on the potential to harm human health and the environment.
STATE REGULATION STATUS State: Connecticut Tracking Ticket Number: 24-36 Date: December 23, 2024
[amendment(s) reviewed identified by a
- at the beginning of the equivalent NRC requirement.]
RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2023-1 Miscellaneous Corrections 10 CFR PARTS 1, 2, 26, 32, 40, 50, 51, 52, 72, and 73 09/25/2026 NA 10 CFR Parts 19, 20, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 70, 71, and 150 NA ML22335A504 Comments 02/27/2023 ML22335A398 Connecticut submitted regulations that incorporate NRC regulations by reference.
NA Connecticut Final Legislation NA ML23206A019 No Comments 08/23/2023 ML23206A008 Connecticut Final Legislation NA Proposed changes to Connecticut General Statute Section 16a-101 NA ML24248A217 No Comments 09/10/2024 ML24248A205 Proposed changes to Connecticut General Statute Section 16a-101 to reflect the addition of fusion machines as a separate definition and incorporated in the definition of byproduct material.
- NA Connecticut Final Legislation NA ML24351A070 Editorial Comments 12/23/2024 Connecticut final revisions to the regulations Sections 22a-153-1 through 22a-153-150( reviewed by comparison to the equivalent NRC 10 CFR Parts 19, 20, 30 - 40, 61, 70, 71, and 150)
Ltr ML24355A145 OFFICE NMSS/MSST/SLPB NMSS/REFS/RRPB NMSS/MSST/SMPB NAME HAkhavannik SSahle AGiantelli DATE Dec 20, 2024 Dec 20, 2024 Dec 23, 2024