Current through Register Vol. 46, No. 39, September 25, 2024
(a) Each person who holds a license from the
United States Nuclear Regulatory Commission authorizing activities within the
State shall be exempt from the requirements of this Part with respect to such
activities during the period that such license is valid, provided, however,
that such person:
(1) shall afford the
department and health officer having jurisdiction access to all records which
such person is required to maintain pursuant to the United States Nuclear
Regulatory Commission's rules and regulations or pursuant to the provisions of
the United States Nuclear Regulatory Commission license;
(2) shall afford the department and health
officer having jurisdiction opportunity to sample effluents, and to conduct
such measurement or survey of levels of radiation and radioactive contamination
as will not substantially interfere with or interrupt any activities licensed
by the United States Nuclear Regulatory Commission; and
(3) shall afford the department and health
officer having jurisdiction access to the facilities of such person in order to
accomplish the foregoing review of records, sampling of effluents and conduct
of measurements or surveys.
(b) Each United States Nuclear Regulatory
Commission contractor or subcontractor and each United States Department of
Energy contractor and subcontractor of the following categories operating
within the State shall be exempt from the requirements of this Part to the
extent that such contractor or subcontractor under such contract transfers,
receives, possesses or uses sources of radiation:
(1) prime contractors performing work for the
United States Department of Energy at United States government-owned or
controlled sites, including the transportation of sources of radiation to or
from such sites and the performance of contract services during temporary
interruptions of such transportation;
(2) prime contractors performing research in,
or development, manufacture, storage, testing or transportation of, atomic
weapons or components thereof;
(3)
prime contractors using or operating nuclear reactors or other nuclear devices
in a United States government-owned vehicle or vessel; and
(4) any other prime contractor or
subcontractor when the State and the United States Nuclear Regulatory
Commission or the United States Department of Energy jointly determine that:
(i) under the terms of the contract or
subcontract, there is adequate assurance that the work thereunder can be
accomplished without undue risk to the public health and safety; and
(ii) the exemption of such contractor or
subcontractor is otherwise appropriate.
