Ariz. Admin. Code § 9-7-318

Current through Register Vol. 30, No. 45, November 8, 2024

Section R9-7-318 - Transfer of Radioactive Material

A. A licensee shall not transfer radioactive material except as authorized under this Section.

B. Except as otherwise provided in the license and subject to the provisions of subsections (C) and (D), any licensee may transfer radioactive material:

1. To the Department, after receiving prior approval from the Department;

2. To the Department of Energy;

3. To any person exempt from the rules in this Article to the extent permitted under the exemption;

4. To any person authorized to receive radioactive material under terms of a general license or its equivalent, or a specific license or equivalent licensing document, issued by the Department, the NRC, or any Agreement State or Licensing State, or to any person otherwise authorized to receive radioactive material by the Federal Government or any agency of the Federal Government, the Department, any Agreement State or Licensing State; or

5. As otherwise authorized by the Department in writing.

C. Before transferring radioactive material to a specific licensee of the Department, the NRC, or another Agreement State or Licensing State, or to a general licensee who is required to register with the Department, the NRC, or another Agreement State or Licensing State prior to receipt of the radioactive material, the licensee transferring the material shall verify that the transferee's license authorizes the receipt of the type, form, and quantity of radioactive material to be transferred.

D. The transferor shall use one or more of the following methods for the verification required by subsection (C):

1. The transferor shall possess, and read, a current copy of the transferee's specific license or registration certificate;

2. The transferor shall possess a written certification by the transferee that the transferee is authorized by license or registration certificate to receive the type, form, and quantity of radioactive material to be transferred, specifying the license or registration certificate number, issuing agency, and expiration date;

3. For emergency shipments the transferor shall accept oral certification by the transferee that the transferee is authorized by license or registration certificate to receive the type, form, and quantity of radioactive material to be transferred, specifying the license or registration certificate number, issuing agency, and expiration date; provided the oral certification is confirmed in writing within 10 days;

4. The transferor shall obtain information equivalent to that in subsection (D)(1) to (3) compiled by a reporting service from official records of the Department, the NRC, or the licensing agency of another Agreement State or Licensing State regarding the identity of any licensee and the scope and expiration date of any license, registration, or certificate; or

5. When none of the methods of verification described in subsections (D)(1) to (4) are readily available or when a transferor desires to verify that information received by one of the above methods is correct or up-to-date, the transferor shall obtain and record confirmation from the Department, the NRC, or the licensing agency of another Agreement State or Licensing State that the transferee is licensed to receive the radioactive material.

E. A transferor shall prepare and transport radioactive material as prescribed in the provisions of 9 A.A.C. 7, Article 15.

F. The Department shall approve an application for a specific license to initially transfer source material for use under R9-7-305, or equivalent regulations of the NRC or another Agreement State, if:

1. The applicant satisfies the general requirements specified in R9-7-309; and

2. The applicant submits adequate information on, and the Department approves, the methods to be used for quality control, labeling, and providing safety instructions to recipients.

G. Each person licensed under subsection (F) shall label the immediate container of each quantity of source material with the type of source material and quantity of material and the words, "RADIOACTIVE MATERIAL."

H. Each person licensed under subsection (F) shall ensure that the quantities and concentrations of source material are as labeled and indicated in any transfer records.

I. Each person licensed under subsection (F) shall provide the information specified in subsections (I)(1) and (2) to each person to whom source material is transferred for use under R9-7-305 or equivalent provisions in the NRC or Agreement State regulations. This information must be transferred before the source material is transferred for the first time in each calendar year to the particular recipient. The required information includes:

1. A copy of R9-7-305 and this Section, or relevant equivalent regulations of the NRC or another Agreement State; and

2. Appropriate radiation safety precautions and instructions relating to handling, use, storage, and disposal of the source material.

J. Each person licensed under subsection (F) shall report transfers as follows:

1. File a report with the Department, as specified in R9-7-1907(1) through (3), that includes the following information:

a. The name, address, and license number of the person who transferred the source material;

b. For each general licensee under R9-7-305 or equivalent NRC or Agreement State regulations to whom greater than 50 grams (0.11 lb) of source material has been transferred in a single calendar quarter, the name and address of the general licensee to whom source material is distributed; a responsible agent, by name and/or position and phone number, of the general licensee to whom the material was sent; and the type, physical form, and quantity of source material transferred; and

c. The total quantity of each type and physical form of source material transferred in the reporting period to all such generally licensed recipients.

2. File a report with the Department and each responsible NRC and/or Agreement State agency that identifies all persons, operating under provisions equivalent to R9-7-305, to whom greater than 50 grams (0.11 lb) of source material has been transferred within a single calendar quarter. The report shall include the following information specific to those transfers made to the NRC or another Agreement State being reported to:

a. The name, address, and license number of the person who transferred the source material;

c. The total quantity of each type and physical form of source material transferred in the reporting period to all such generally licensed recipients with the NRC or another Agreement State.

3. Submit each report by January 31 of each year covering all transfers for the previous calendar year. If no transfers were made to persons generally licensed under R9-7-305 or equivalent NRC or another Agreement State provisions during the current period, a report shall be submitted to the Department indicating so. If no transfers have been made to general licensees in NRC jurisdiction or a particular Agreement State during the reporting period, this information shall be reported to the NRC or responsible Agreement State upon request of the Agency.

K. Each person licensed under subsection (F) shall maintain all information that supports the reports required by this Section concerning each transfer to a general licensee for a period of one year after the event is included in a report to the Department, the NRC, or another Agreement State.

Ariz. Admin. Code § R9-7-318

New Section R9-7-318 recodified from R12-1-318, at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1). Amended by final expedited rulemaking at 26 A.A.R. 1067, effective 5/6/2020. Amended by final expedited rulemaking at 30 A.A.R. 2681, effective 8/7/2024.