Current through all regulations passed and filed through March 18, 2024
(A) A general license is hereby issued to any
person to acquire, receive, possess, use, or transfer, in accordance with the
provisions of paragraphs (B), (C), and (D) of this rule, radium-226 contained
in the following products manufactured prior to November 30, 2007:
(1) Antiquities originally intended for use
by the general public. For the purposes of this paragraph, antiquities mean
products originally intended for use by the general public and distributed in
the late nineteenth and early twentieth centuries, such as radium emanator
jars, revigators, radium water jars, radon generators, refrigerator cards,
radium bath salts, and healing pads;
(2) Intact timepieces containing greater than
0.037 megabecquerel (one microcurie), nonintact timepieces, and timepiece hands
and dials no longer installed in timepieces;
(3) Luminous items installed in air, marine,
or land vehicles;
(4) All other
luminous products, provided that no more than one hundred items are used or
stored at the same location at any one time; and
(5) Small radium sources containing no more
than 0.037 megabecquerel (one microcurie) of radium-226. For the purposes of
this paragraph, "small radium sources" means discrete survey instrument check
sources, sources contained in radiation measuring instruments, sources used in
educational demonstrations (such as cloud chambers and spinthariscopes),
electron tubes, lightning rods, ionization sources, static eliminators, or as
designated by the director or the United States nuclear regulatory
commission.
(B) Persons
who acquire, receive, possess, use, or transfer radium-226 under the general
license issued in paragraph (A) of this rule are exempt from the provisions of
rules
3701:1-38-07,
3701:1-38-09
to
3701:1-38-18,
3701:1-38-20 to
3701:1-38-25
of the Administrative Code, to the extent that the receipt, possession, use, or
transfer of radium-226 is within the terms of the general license; provided,
however, that this exemption shall not be deemed to apply to any such person
specifically licensed in accordance with rule
3701:1-38-02
of the Administrative Code.
(C)
Any person who acquires, receives, possesses, uses, or transfers radium-226 in
accordance with the general license in paragraph (A) of this rule:
(1) Shall notify the
director should there be any indication of possible
damage to the product so that it appears it could result in a loss of the
radioactive material. A report containing a brief description of the event, and
the remedial action taken, must be furnished to the director in
the manner specified in rule
3701:1-40-04 of
the Administrative Code within thirty days.
(2) Shall not abandon products containing
radium-226. The product, and any radioactive material from the product, may
only be disposed of in accordance with rule
3701:1-38-19 of
the Administrative Code, or by transfer to a person authorized by a specific
license to receive the radium-226 in the product or as otherwise approved by
the director.
(3) Shall not export products containing
radium-226 except in accordance with United States nuclear regulatory
commission regulations.
(4) Shall
dispose of products containing radium-226:
(a) At a disposal facility authorized to
dispose of radioactive material in accordance with Chapter 3701:1-54 of the
Administrative Code or equivalent regulation of an agreement state or the
United States nuclear regulatory commission;
(b) By transfer to a person authorized to
receive radium-226 by a specific license issued in accordance with rule
3701:1-38-02
of the Administrative Code or equivalent regulations of an agreement state or
the United States nuclear regulatory commission; or
(c) As otherwise approved by the
director.
(5) Shall respond to written requests from
the director to provide information relating to the
general license within thirty calendar days of the date of the request, or
other time specified in the request. If the general licensee cannot provide the
requested information within the allotted time, it shall, within that same time
period, request a longer period to supply the information by providing the
director, in the manner specified in rule
3701:1-40-04 of
the Administrative Code, a written justification for the request.
(D) The general license in
paragraph (A) of this rule does not authorize the manufacture, assembly,
disassembly, repair, or import of products containing radium-226, except that
timepieces may be disassembled and repaired.
Five Year Review (FYR) Dates:
03/29/2017 and
11/01/2020
Promulgated
Under: 119.03
Statutory
Authority: 3748.04
Rule
Amplifies: 3748.04
Prior
Effective Dates: 10/4/2010, 12/1/12