Current through Register Vol. 47, No. 6, September 18, 2024
(1)
Purpose
and scope.
a. This rule establishes
procedures for the registration or licensing and the use of particle
accelerators.
b. Unless
specifically required otherwise by this rule, all registrants or licensees
performing operations with a particle accelerator are subject to the
requirements of 641-Chapters 38 to 40 and
641-45.1 (136C).
c. The requirements of 45.1(10)
"b"(2) and (3) and 45.1(10) "d"(1)"2" do not
apply to nonradiographic uses.
(2)
Definitions. For
purposes of this subrule, definitions in 641-Chapters 38 and 40 and subrule
45.1(2) may also apply. As used in this rule, the following definitions apply:
"Cold pasteurization" means the process of
using radiation for destroying disease-causing microorganisms in commercial
products.
"Self-shielded particle accelerator" means a
particle accelerator with the accelerator installed in an enclosure independent
of the existing architectural structures except the floor on which it may be
placed. The enclosure must have been evaluated by a qualified expert and that
evaluation approved by an appropriate regulatory authority through a device
evaluation. The self-shielded accelerator is intended to contain at least that
portion of material being irradiated, provide radiation attenuation, and
exclude personnel from its interior during generation of radiation. A particle
accelerator used within a shielded part of a building, or which may temporarily
or occasionally incorporate portable shielding, is not a self-shielded particle
accelerator.
"Shielded facility" means an accelerator
facility where shielding is required to be constructed on site in order to
assure compliance with the requirements of 641-Chapter 40, or where shielding
supplied with the accelerator has been evaluated by qualified experts and that
evaluation approved by an appropriate regulatory authority through a device
evaluation.
(3)
Registration or license requirements. No person shall receive,
possess, use, transfer, own, or acquire a particle accelerator except as
authorized in a registration or license issued pursuant to
641-39.1 (136C) to 39.4(136C)
and the following requirements:
a. Accelerator
facilities whose operations result in nuclear transformations that produce or
are likely to produce radioactive material more than the exempt quantities and
concentrations listed in Appendices A and B of 641-Chapter 39 shall be
authorized by the issuance of a radioactive material license in accordance with
641-Chapter 39. Accelerator facilities that produce or are likely to produce
radioactive material less than the exempt quantities and concentrations shall
be authorized by registration.
b.
For accelerator facilities required to be licensed in accordance with 45.4(3),
those operations that would require personnel monitoring, pursuant to
641-40.37 (136C), due to the
presence of radioactive material, shall be performed only by a specific
licensee. Such operations would normally include installation, testing and
maintenance as well as routine operations.
(4)
General requirements for the
issuance of a registration or license for particle accelerators. Along
with the requirements of
641-39.1 (136C) to
641-39.4 (136C), an application
for use of a particle accelerator will be approved only if the agency
determines that:
a. The applicant is qualified
by reason of training and experience to use the accelerator in question for the
purpose requested in accordance with this rule and 641-Chapter 40 in such a
manner as to minimize danger to public health and safety or property;
b. The applicant's proposed or existing
equipment, facilities, and operating and emergency procedures are adequate to
protect health and minimize danger to public health and safety or
property;
c. The issuance of the
registration or license will not be inimical to the health and safety of the
public, and the applicant satisfies any applicable special requirement in
45.4(4);
d. The applicant has
appointed a radiation safety officer responsible for the day-to-day operation
of the radiation safety program;
e.
The applicant and the applicant's staff have experience in the use of particle
accelerators and training sufficient for application to its intended
uses;
f. The applicant has an
adequate training program for operators of particle accelerators.
(5)
Personnel
monitoring. In addition to the requirements of 641-Chapter 40,
personnel monitoring shall be provided to and used by all individuals entering
any area for which interlocks are required unless a survey of the area has
determined that radiation levels are below that of a high radiation area; and
a. Power to an accelerator cannot be
activated; or
b. An accelerated
beam cannot be directed to the area.
(6)
Operations.
a. No registrant shall permit any individual
to act as an operator of a particle accelerator until such individual:
(1) Has been instructed in radiation safety
and shall have demonstrated an understanding thereof;
(2) Has received copies of and instruction in
this rule and the applicable requirements of 641-Chapter 40, pertinent
registration and the registrant's operating and emergency procedures, and shall
have demonstrated understanding thereof; and
(3) Has demonstrated competence to use the
particle accelerator, related equipment, and survey instruments which will be
employed.
b. The
radiation safety officer or radiation safety committee, if applicable, shall
have the authority to terminate the operations at a particle accelerator
facility if such action is deemed necessary to minimize danger to public health
and safety or property.
c. Along
with the audit required in 641-subrule 40.10(3), each operator's performance
during an actual accelerator operation shall be audited by the radiation safety
officer or designee at intervals not to exceed six months. If an operator has
not participated in an accelerator operation for more than six months since the
last audit, the individual's performance shall be observed and recorded at the
first opportunity the individual participates in an accelerator operation.
Records of the audits shall be maintained by the registrant for the agency
inspection for three years from the date of the audit.
d. Operators of particle accelerators used
for industrial radiography shall meet the requirements of 45.1(10).
(7)
Shielding and safety
design requirements.
a. A qualified
expert acceptable to the agency shall be consulted in the design of a particle
accelerator installation and called upon to perform a radiation survey when the
accelerator is first capable of producing radiation.
b. Each particle accelerator installation
shall be provided with such primary and secondary barriers as are necessary to
ensure compliance with
641-40.15 (136C) and
641-40.26 (136C).
c. In addition to the requirements of 45.4(8)
"a" and
"b," shielded facilities or
self-shielded particle accelerators shall meet the following requirements:
(1) Authorization, by issuance of a
construction permit, shall be granted upon a determination of adequacy being
made pursuant to the review of an initial application of the shielding design,
physical plant, and site specifications, and of the applicant's proposed
equipment, uses and workloads. For a shielded facility, the applicant shall
submit an evaluation of the shielding design by a qualified expert. For a
self-shielded particle accelerator, the applicant need not submit an evaluation
of a shielding design if an evaluation by an appropriate regulatory authority
has been performed. The applicant may instead reference this evaluation. The
applicant shall maintain a copy of the evaluation of shielding design for
agency review.
(2) Authorization
for installation and testing of an accelerator shall be given only after a
determination of adequacy of testing protocols, testing safety procedures,
staff training, and radiation detection instrumentation has been made;
and
(3) Operational use of an
accelerator shall be authorized only after determination of adequacy of the
items listed in 45.4(4) has been made by the agency.
(8)
Particle accelerator
controls and interlock systems.
a.
Instrumentation, readouts, and controls on the particle accelerator control
console shall be clearly identified, easily discernible and located outside the
high radiation area.
b. Each
entrance into a target area or other high radiation area shall be provided with
two safety interlocks that shut down the machine when the barrier is
breached.
c. Each safety interlock
shall be on a circuit that allows it to operate independently of all other
safety interlocks.
d. All safety
interlocks shall be designed so that any defect or component failure in the
safety interlock system prevents operation of the accelerator.
e. When a safety interlock system has been
tripped, it shall only be possible to resume operation of the accelerator by
manually resetting controls at the position where the safety interlock has been
tripped and, lastly, at the main control console.
f. A scram button or other emergency power
cutoff switch shall be located and easily identifiable in all high radiation
areas. Such a cutoff switch shall include a manual reset so that the
accelerator cannot be restarted from the accelerator control console without
resetting the cutoff switch.
(9)
Warning devices.
a. Each location designated as a high
radiation area, and each entrance to such location, shall be equipped with
easily observable warning lights that operate when, and only when, radiation is
being produced.
b. Each high
radiation area shall have an audible warning device that shall be activated for
15 seconds prior to the possible creation of such high radiation area. Such
warning device shall be clearly discernible in all high radiation
areas.
c. Barriers, temporary or
otherwise, and pathways leading to high radiation areas shall be posted in
accordance with 641-40.61
(136C).
(10)
Operating and emergency procedures.
a. Particle accelerators, when not in
operation, shall be secured to prevent unauthorized use.
b. The safety interlock system shall not be
used to turn off the accelerator beam except in an emergency.
c. All safety and warning devices, including
interlocks, shall be checked for proper operation intervals not to exceed three
months. Results of such tests shall be maintained at the accelerator facility
for inspection by the agency for three years.
d. All incidents in which the interlock
system fails to operate properly or where the operation is terminated by the
interlock system shall be investigated and reported to the radiation safety
officer or, if applicable, the radiation safety committee. Documentation shall
be maintained for inspection by the agency for three years.
e. If, for any reason, it is necessary to
intentionally bypass a safety interlock or interlocks, such action shall be:
(1) Authorized by the radiation safety
officer and, if applicable, the radiation safety committee;
(2) Recorded in a permanent log and a notice
posted at the accelerator control console; and
(3) Terminated as soon as possible.
f. The registrant's operating and
emergency procedures shall include the following:
(1) Operation and safety instructions on the
accelerator(s) to be used;
(2)
Methods for controlling access to restricted areas;
(3) Methods and occasions for locking and
securing sources of radiation;
(4)
Use of personnel monitoring equipment;
(5) The procedure for notifying proper
personnel in the event of an accident;
(6) Maintenance of records;
(7) Inspections and maintenance of the
accelerator; and
(8) Steps to be
taken in the case of an emergency.
g. A copy of the current operating and
emergency procedures shall be maintained at the accelerator control
panel.
(11)
Radiation monitoring requirements.
a. A radiation protection survey shall be
performed and documented by a qualified expert, acceptable to the agency, when
changes have been made in shielding, operation, equipment, or occupancy of
adjacent areas.
b. Accelerator
facilities shall survey with a radiation detection instrument at intervals not
to exceed 12 months. Records of this survey shall be maintained for agency
review for three years.
c.
Accelerator facilities registered or licensed pursuant to 45.4(3)
"a" shall survey for removable contamination at intervals not
to exceed six months to determine the degree of contamination.
d. Each time removable shields on
self-shielded particle accelerators are opened, a visual survey of the
shielding must be performed to observe physical damage. In addition, when these
shields are returned to the closed position, a physical radiation survey shall
be conducted upon initial reactivating of the accelerator. Records of this
survey shall be maintained for agency review for three years.
e. Accelerator facilities registered or
licensed pursuant to 45.4(3) "a" shall perform a survey with a
radiation detection instrument and surveys for removable contamination before
maintenance or servicing of its particle accelerator(s) or associated equipment
located in the high radiation area.
f. Radiation levels in all high radiation
areas shall be continuously monitored. The monitoring devices shall be
electrically independent of the accelerator control and safety interlock
systems and capable of providing a readout at the control panel.
g. Upon installation, all area monitoring
equipment shall be tested to assure proper operation under operating conditions
of the particle accelerator. All area monitors shall be calibrated at intervals
not to exceed one year and after each servicing and repair.
h. Whenever applicable, accelerator
facilities registered or licensed pursuant to 45.4(3) "a"
shall perform surveys at intervals not to exceed six months to determine the
amount of airborne particulate radioactivity present.
i. All surveys shall be made in accordance
with the written procedures established by the radiation safety officer or a
qualified expert who is acceptable to the agency.
j. Records of all radiation protection
surveys, calibrations, and instrumentation tests shall be maintained at the
accelerator facility for inspection by the agency.
(12)
Radiation safety
officer.
a. Each registrant shall
appoint a radiation safety officer that meets the following requirements:
(1) Possesses a high school diploma or a
certificate of high school equivalency based on the GED test;
(2) Documents two years of radiation
protection experience.
b.
The specific duties of the RSO include, but are not limited to, the following:
(1) To establish and oversee operating,
emergency, and ALARA procedures and to review them regularly to ensure that the
procedures are current and conform with these rules;
(2) To oversee and approve all phases of the
training program for accelerator operators so that appropriate and effective
radiation protection practices are taught;
(3) To ensure that required radiation surveys
are performed and documented in accordance with these rules, including any
corrective measures when levels of radiation exceed established
limits;
(4) To ensure that
personnel monitoring devices are calibrated and used properly by occupationally
exposed personnel, that records are kept of the monitoring results, and that
timely notifications are made as required by 641-Chapter 40;
(5) To ensure that any required interlock
switches and warning signals are functioning and that radiation signs, ropes,
and barriers are properly posted and positioned;
(6) To investigate and report to the agency
each known or suspected case of radiation exposure to an individual or
radiation level detected in excess of limits established by these rules and
each theft or loss of source(s) of radiation, to determine the cause, and to
take steps to prevent its recurrence;
(7) To have a thorough knowledge of
management policies and administrative procedures of the licensee or
registrant;
(8) To assume control
and have the authority to institute corrective actions including shutdown of
operations when necessary in emergency situations or unsafe
conditions;
(9) To maintain records
as required by these rules;
(10) To
ensure the proper storing, labeling, and use of the accelerator;
(11) To ensure that inspection and
maintenance programs are performed in accordance with 45.1(6), 45.1(8),
45.4(10) "c"; and
(12) To ensure that personnel are complying
with these rules and the operating and emergency procedures of the
registrant.