6 Colo. Code Regs. § 1007-1-3.24

Current through Register Vol. 47, No. 11, June 10, 2024

Section 6 CCR 1007-1-3.24 - Reciprocal Recognition of Licenses

3.24.1 Radioactive Material in Quantities Not Sufficient to Form a Critical Mass.

3.24.1.1 Subject to these regulations, any person who holds a specific license from NRC or an Agreement State, and issued by the agency having jurisdiction where the licensee maintains an office for directing the licensed activity and at which radiation safety records are normally maintained, is hereby granted a general license to conduct the activities authorized in such licensing document within this State for a period not in excess of 180 days in any calendar year, provided that:

(1) The licensing document does not limit the activity authorized by such document to specified installations or locations;

(2) The out-of-state licensee notifies the Department in writing at least 3 days prior to engaging in such activity.

(a) Such notification shall indicate the location, period, and type of proposed possession and use within the State, and shall be accompanied by a copy of the pertinent licensing document.

(b) Based upon an application which includes documentation of why it is not possible or is an undue hardship to provide 3 days notice, the Department may grant permission to proceed sooner.

(c) The Department may waive the requirement for filing additional written notifications during the remainder of the calendar year following the receipt of the initial notification from a person engaging in activities under the general license provided in 3.24.1.1;

(3) The out-of-state licensee complies with all applicable regulations of the Department and with all the terms and conditions of the licensing document, except any such terms and conditions which may be inconsistent with applicable regulations of the Department;

(4) The out-of-state licensee supplies such other information as the Department may request; and

(5) The out-of-state licensee shall not transfer or dispose of radioactive material possessed or used under the general license provided in 3.24.1.1 except by transfer to a person:

(a) Specifically licensed by the Department, NRC, or an Agreement State, to receive such material; or

(b) Exempt from the requirements for a license for such material under 3.3.1.

(6) The out-of-state licensee shall at all times during work at any work location within the state have available:

(a) The pertinent licensing document;

(b) The applicable sections of the state radiation regulations;

(c) A complete source inventory;

(d) Pertinent DOT documentation;

(e) Leak test records;

(f) Instrument calibration records;

(g) Personnel training records; and

(h) Necessary documentation required by applicable special requirements of these regulations.

(7) While working in Colorado, the out-of-state licensee shall notify the Department (in writing, indicating date and court) immediately following the filing of a voluntary or involuntary petition for bankruptcy under any Chapter of Title 11 (Bankruptcy) of the United States code by or against:

(a) The licensee;

(b) An entity (as that term is defined in 11 U.S.C. 101(15)) controlling the licensee or listing the license or licensee as property of the estate; or

(c) An affiliate (as that term is defined in 11 U.S.C. 101(2)) of the license.

(8) The out-of-state licensee shall notify the Department within 1 hour after arrival at the actual work location within the state and notification within 1 hour after any change of work location within the state.

(9) If multiple persons work concurrently at more than one work location under a general license granted pursuant to this 3.24.1, each day worked per location shall be counted separately toward the limit of 180 days per calendar year.

3.24.1.2 Notwithstanding the provisions of 3.24.1.1, any person who holds a specific license issued by NRC or an Agreement State authorizing the holder to manufacture, transfer, install, or service a device described in 3.6.4.1 within areas subject to the jurisdiction of the licensing body is hereby granted a general license to install, transfer, demonstrate, or service such a device in this State provided that:

(1) Such person shall file a report with the Department within 30 days after the end of each calendar quarter in which any device is transferred to or installed in this State.

(a) Each such report shall identify each general licensee to whom such device is transferred by name and address, the type of device transferred, and the quantity and type of radioactive material contained in the device;

(2) The device has been manufactured, labeled, installed, and serviced in accordance with applicable provisions of the specific license issued to such person by an Agreement State or NRC;

(3) Such person shall assure that any labels required to be affixed to the device under regulations of the authority which licensed manufacture of the device bear a statement that "Removal of This Label Is Prohibited"; and

(4) The holder of the specific license shall furnish to each general licensee to whom the specific licensee transfers such device or on whose premises the specific licensee installs such device a copy of the general license contained in 3.6.4 or in equivalent regulations of the agency having jurisdiction over the manufacture and distribution of the device.

3.24.1.3 The Department may withdraw, limit, or qualify its acceptance of any specific license or equivalent licensing document issued by NRC or an Agreement State, or any product distributed pursuant to such licensing document, upon determining that such action is necessary in order to prevent undue hazard to public health and safety or property.

3.24.2 Each general licensee granted authorization to conduct activities within this state pursuant to 3.24.1 based upon an acceptable licensing document will receive acknowledgment from the Department. This acknowledgment shall be kept at the site of use.

3.24.3 Each general licensee granted authorization to conduct activities within this state pursuant to 3.24.1 based upon an acceptable licensing document may be inspected by the Department and subject to a fee for the inspection. The fee for a routine inspection shall:

3.24.3.1 Be as provided by Part 12; and

3.24.3.2 Shall not be charged more often than once during each calendar year, except that for a licensee authorizing use of material at more than one address, a separate fee will be assessed for inspection of each location. If multiple installations are inspected during a single visit, a single inspection fee will be assessed.

3.24.4 Each general licensee operating within the state under reciprocity in areas of exclusive federal jurisdiction shall comply with the applicable provisions of 10 CFR 150.20.

6 CCR 1007-1-3.24

Colorado Register, Vol 37, No. 14. July 25, 2014, effective 8/14/2014

38 CR 02, January 25, 2015, effective 2/14/2015

38 CR 05, March 10, 2015, effective 3/30/2015

38 CR 12, June 25, 2015, effective 7/15/2015

38 CR 14, July 25, 2015, effective 8/14/2015

39 CR 02, January 25, 2016, effective 2/14/2016

39 CR 16, August 25, 2016, effective 9/14/2016

39 CR 22, November 25, 2016, effective 12/15/2016

40 CR 11, June 10, 2017, effective 6/30/2017

40 CR 20, October 25, 2017, effective 11/14/2017

42 CR 24, December 25, 2019, effective 1/14/2020

43 CR 14, July 25, 2020, effective 8/14/2020

43 CR 18, September 25, 2020, effective 10/15/2020

44 CR 11, June 10, 2021, effective 7/15/2021

44 CR 14, July 25, 2021, effective 8/14/2021

45 CR 22, November 25, 2022, effective 12/15/2022