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Colorado Administrative Code
Department 1000 - Department of AgricultureDivision 1007 - Plant Industry DivisionRule 6 CCR 1007-1 - RULES AND REGULATIONS PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF THE PESTICIDE APPLICATORS' ACTPart 03 - RADIATION CONTROL - LICENSING OF RADIOACTIVE MATERIAL
TRANSFER OF MATERIALS
Section 6 CCR 1007-1-3.22 - Transfer of Material

6 Colo. Code Regs. § 1007-1-3.22

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Current through Register Vol. 47, No. 11, June 10, 2024
Section 6 CCR 1007-1-3.22 - Transfer of Material
3.22.1 No licensee shall transfer radioactive material except as authorized pursuant to 3.22.
3.22.2 Except as otherwise provided in the license and subject to the provisions of 3.22.3 and 3.22.4, any licensee may transfer radioactive material:
3.22.2.1 To the Department10;

10 A licensee may transfer material to the Department only after receiving prior approval from the Department.

3.22.2.2 To the U.S. Department of Energy;
3.22.2.3 To any person exempt from the regulations in this part to the extent permitted under such exemption;
3.22.2.4 To any person authorized to receive such material under terms of a general license or its equivalent, or a specific license or equivalent licensing document, issued by the Department, NRC or any Agreement State, or to any person otherwise authorized to receive such material by the Federal Government or any agency thereof, the Department, or an Agreement State;
3.22.2.5 To any person abroad pursuant to an export license granted by NRC under 10 CFR Part 110 ; or
3.22.2.6 As otherwise authorized by the Department in writing.
3.22.3 Before transferring radioactive material to a specific licensee of the Department, NRC or an Agreement State, or to a general licensee who is required to register with the Department, NRC or an Agreement 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.
3.22.4 Any of the following methods for the verification required by 3.22.3 is acceptable:
3.22.4.1 The transferor may possess and read a current copy of the transferee's specific license or registration certificate.
3.22.4.2 The transferor may 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.
3.22.4.3 For emergency shipments, the transferor may 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, that the oral certification is confirmed in writing within 10 days.
3.22.4.4 The transferor may obtain other information compiled by a reporting service from official records of the Department, NRC or an Agreement State regarding the identity of licensees and the scope and expiration dates of licenses and registration.
3.22.4.5 When none of the methods of verification described in 3.22.4.1 through 3.22.4.4 are readily available or when a transferor desires to verify that information received by one of such methods is correct or up-to-date, the transferor may obtain and record confirmation from the Department, NRC, or an Agreement State that the transferee is licensed to receive the radioactive material.
3.22.5 Shipment and transport of radioactive material shall be in accordance with the provisions of Part 17.

REQUIREMENTS FOR LICENSE TO INITIALLY TRANSFER SOURCE MATERIAL FOR USE UNDER THE SMALL QUANTITIES OF SOURCE MATERIAL GENERAL LICENSE

3.22.6 An application for a specific license to initially transfer source material for use under 3.5.1, or equivalent regulations of the NRC or an Agreement State, will be approved if:
3.22.6.1 The applicant satisfies the general requirements specified in 3.9; and
3.22.6.2 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.
3.22.7 License Conditions for Initial Transfer of Source Material

Conditions of licenses to initially transfer source material for use under the 'small quantities of source material' general license: Quality control, labeling, safety instructions, and records and reports.

3.22.7.1 Each person licensed under 3.22.6 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."
3.22.7.2 Each person licensed under 3.22.6 shall ensure that the quantities and concentrations of source material are as labeled and indicated in any transfer records.
3.22.7.3 Each person licensed under 3.22.6 shall provide the information specified in 3.22.7 to each person to whom source material is transferred for use under 3.5.1 or equivalent provisions in 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 3.5.1 and 3.22, or relevant equivalent regulations of the NRC or an Agreement State.
(2) Appropriate radiation safety precautions and instructions relating to handling, use, storage, and disposal of the material.
3.22.7.4 Each person licensed under 3.22.6 shall report transfers as follows:
(1) File a report with the Department. The report shall include the following information:
(a) The name, address, and license number of the person who transferred the source material;
(b) For each general licensee under 3.5.1 or equivalent NRC or Agreement State provisions 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 NRC and each responsible Agreement State agency that identifies all persons, operating under provisions equivalent to 3.5.1, 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 Agreement State being reported to:
(a) The name, address, and license number of the person who transferred the source material; and
(b) The name and address of the general licensee to whom source material was 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.
(c) The total quantity of each type and physical form of source material transferred in the reporting period to all such generally licensed recipients within the Agreement State or under NRC jurisdiction, as appropriate.
(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 3.5.1 or equivalent NRC or 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 under NRC jurisdiction or in a particular Agreement State during the reporting period, this information shall be reported to the NRC or the responsible Agreement State agency upon request of the agency.
3.22.7.5 Each person licensed under 3.22.6 shall maintain all information that supports the reports required by this section concerning each transfer to a general licensee for a period of 1 year after the event is included in a report to the Department, an Agreement State agency, or the NRC.

6 CCR 1007-1-3.22

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
46 CR 21, November 10, 2023, effective 12/15/2023