New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-P - Former Division of Public Health Services
Chapter He-P 4000 - NEW HAMPSHIRE RULES FOR THE CONTROL OF RADIATION
Part He-P 4038 - THE PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIAL
Section He-P 4038.06 - Specific Exemptions
Current through Register No. 40, October 3, 2024
(a) The DHHS/RHS may, upon application of any interested person or upon its own initiative, grant such exemptions from the requirements of the rules in He-P 4038 as it determines are authorized by law and will not endanger life or property and are otherwise in the public interest.
(b) Any licensee's, DHHS/RHS, or NRC-licensed activities are exempt from the requirements of He-P 4038.07 through He-P 4038.22 to the extent that the activities are included in a security plan required by He-P 4038 or the Nuclear Regulatory Commission in accordance with 10 CFR 73.
(c) A licensee that possesses radioactive waste that contains category 1 or category 2 quantities of radioactive material is exempt from the requirements of He-P 4038.07 through He-P 4038.28 of this part. Except that any radioactive waste that contains discrete sources, ion-exchange resins, or activated material that weighs less than 2,000 kg (4,409 lbs.) is not exempt from the requirements of this part. The licensee shall implement the following requirements to secure the radioactive waste:
