Conn. Agencies Regs. § 22a-153-1

Current through December 27, 2024

Section 22a-153-1 - [Effective 10/1/2025] Radioactive Materials

(a)Applicability.

(1) This section, except as otherwise specifically provided, applies to all persons who use, produce, transport, store, possess or dispose of radioactive materials within the state.

(2) This section shall not apply to any person to the extent such person is subject to regulation by the U.S. Nuclear Regulatory Commission (NRC).

(b)Requirements.

(1) Any person in possession or control of radioactive material shall obtain a license for such radioactive materials in accordance with sections 22a-153-1 to 22a-153-150, inclusive, of the Regulations of Connecticut State Agencies.

(2) The regulations contained in 10 CFR 19, 20, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 61, 70, 71,150, 170 and 171, as may be amended from time to time, are incorporated by reference with the exceptions set forth in Table 1.0 of this section.

(3) Any person subject to this section shall comply with the applicable requirements of 10 CFR 19, 20, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 61, 70, 71, 150, 170 and 171 with the exceptions set out in Table 1.0 of this section.

Table 1.0 " Incorporation by Reference of 10 CFR 19, 20, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 61, 70, 71, 150, 170 and 171 with exceptions.

10 CFR	Title	Exceptions	Applicable Connecticut Regulation
19	Notices, instructions and reports to workers: inspection and investigations.	Sections 19.4; 19.5; 19.8; 19.11(a)(4), (b) and (e); 19.14(a); 19.30; 19.32 and 19.40 are not incorporated. In 10 CFR 19.2(a), 19.3 definitions of "license" and "regulated entities", 19.11, and 19.20 references to parts of Chapter 10 of the Code of Federal Regulations that remain under NRC's regulatory authority (e.g., 10 CFR Parts 50, 52, 54, 60, 63, 72 and 76) are not incorporated.	No applicable Connecticut Regulation.
20	Standards for protection against radiation	Sections 20.1003 definitions of "Byproduct Material", "Commission", "Department", "Person", "source Material" and "special Nuclear Material"; 20.1006; 20.1009; 20.1405(b); 20.1406(b); 20.1905 (g); 20.2203(c) and (d); 20.2206(a)(1), (3), (4), (5) and (6); 20.2401 and 20.2402 are not incorporated. In 20.1002; 20.1401 and 20.1406, references to parts of Chapter 10 of the Code of Federal Regulations that remain under NRC's regulatory authority (e.g., 10 CFR Parts 50, 52, 54, 60, 63, 72 and 76) are not incorporated.	22a-153-20 Standards for Protection Against Radiation.
30	Rules of general applicability to domestic licensing of byproduct material.	Sections 30.4 definitions of "Byproduct material", "Commission", "Department", "Person", "sealed source", "source Material" and "special Nuclear Material"; 30.5; 30.6; 30.8; 30.21(c), 30.34(d) and (e)(1) and (3), 30.41(b)(6); 30.55; 30.63 and 30.64 are not incorporated. Paragraph 2 of the definition of "commencement of construction" and paragraph 9(ii) of the definition of "construction" in section 30.4 are not incorporated. In 10 CFR 30.10(b), the reference to 10 CFR 2 relating to deliberate misconduct is replaced with sections 22a-158c and 22a-6b of the Connecticut General Statutes. In 10 CFR 30.50(c)(1), a reference to "NRC Operations Center" means "Department" as defined in subsection (c) of this section.	22a-153-30 Rules of general applicability to licensing of radioactive materials.
31	General domestic licenses for byproduct material.	Sections 31.4; 31.22 and 31.23 are not incorporated. In 10 CFR 31.5(c)(7), the phrase "part 110" is replaced by " 10 CFR part 110 ".	22a-153-31 General licenses for radioactive material.
32	Specific domestic licenses to manufacture or transfer certain items containing byproduct material.	Sections 32.1(c)(1); 32.8; 32.11; 32.12; 32.14; 32.15; 32.16; 32.18; 32.19; 32.20; 32.21; 32.21a; 32.22; 32.23; 32.25; 32.26; 32.27; 32.28; 32.29; 32.30; 32.31 and 32.32 are not incorporated.	No applicable Connecticut Regulation.
33	Specific domestic licenses of broad scope for byproduct material.	Sections 33.8; 33.21 and 33.23 are not incorporated.	No applicable Connecticut Regulation.
34	Licenses for industrial radiography and radiation safety requirements for industrial radiographic operations.	Sections 34.3 definition of "sealed source"; 34.5; 34.8; 34.121 and 34.123 are not incorporated.	No applicable Connecticut Regulation.
35	Medical use of byproduct material.	Sections 35.2 definition of "sealed source"; 35.8; 35.11(c)(1); 35.13(a)(1); 35.4001 and 35.4002 are not incorporated.	22a-153-35 Medical Use of Byproduct Material.
36	Licenses and radiation safety requirements for irradiators.	Sections 36.2 definition of "sealed source"; 36.5; 36.8; 36.91; 36.93 are not incorporated. The words "common defense and security" in 10 CFR 36.17(a) and in 36.2 definitions for "Commencement of Construction" and "Construction" are not incorporated.	No applicable Connecticut Regulation.
37	Physical protection of category 1 and category 2 quantities of radioactive material.	Sections 37.3(b)(2), 37.5 definitions of "Byproduct material", "Commission" and "Person"; 37.7; the words "common defense and security" in 37.11(a); 37.13; 37.73(d) and (e); 37.107 and 37.109 are not incorporated.	No applicable Connecticut Regulation.
39	Licenses and radiation safety requirements for well logging.	Sections 39.2 definition of "sealed source"; 39.5; 39.8; the words "common defense and security" in 39.91; 39.101 and 39.103 are not incorporated.	No applicable Connecticut Regulation.
40	Domestic licensing of source material.	Sections 40.4 definitions of "Byproduct Material", "Commission", "Department", Persons", "Foreign Obligations", "Reconciliation", "source Material" and "special Nuclear Material"; 40.6; 40.8; 40.12(b); 40.13(c)(5)(iv); 40.23; 40.27; 40.28; 40.31(j), (k), (l), (m); 40.32(d), (e) and (g); 40.33; 40.38; 40.41(d), (e)(1) and (3), (g) and (h); 40.51(b)(6); 40.52; 40.53; 40.56; 40.64; 40.66; 40.67; 40.81; 40.82 and 10 CFR Part 40 Appendix A Criterion 11 A-F and Criterion 12 are not incorporated. Paragraph 2 of the definition of "commencement of construction" and paragraph 9(ii) of the definition of "construction" in section 40.4 are not incorporated.	No applicable Connecticut Regulation.
61.55 61.56 61.57	Licensing Requirements for Land Disposal of Radioactive Waste.	Sections 61.1; 61.3 through 61.54; 61.58 through 61.84 are not incorporated.	No applicable Connecticut Regulation.
70	Domestic licensing of special nuclear material.	Sections 70.1(c), (d) and (e), 70.4 definitions of "Commission", "Department", "Person", "sealed source", "source Material" and "special Nuclear Material"; 70.5; 70.6; 70.8; 70.13; 70.14; 70.20a; 70.20b; 70.21(a)(1), (c), (f), (g) and (h); 70.22(b), (c), (f), (g), (h), (i), (j), (k), (l), (m) and (n); 70.23(a)(1); 70.23(a)(6), (7), (8), (9), (10), (11) and (12) and (b); 70.24; 70.25(a)(1); 70.31(c), (d) and (e); 70.32(a)(1), (4), (5), (6) and (7); 70.32(b)(1), (3) and (4), (c), (d), (e), (f), (g), (h), (i), (j) and (k); 70.37; 70.40; 70.42(b)(6); 70.44; 70.50(d); 70.51(c); 70.52; 70.55(c)(1), (2) and (3); 70.59; 70.60; 70.61; 70.62; 70.64; 70.65; 70.66; 70.72; 70.73; 70.74; 70.76; 70.82; 70.91; 70.92 and 10 CFR Part 70 Appendix A are not incorporated. Paragraph 2 of the definition of "commencement of construction" and paragraph 9(ii) of the definition of "construction" in section 70.4 are not incorporated.	No applicable Connecticut Regulation.
71	Packaging and transportation of radioactive material.	Sections 71.2; 71.6; 71.11; 71.14(b); 71.19; 71.31; 71.33; 71.35; 71.37; 71.38; 71.39; 71.41; 71.43; 71.45; 71.51; 71.55; 71.59; 71.61; 71.63; 71.64; 71.65; 71.70; 71.71; 71.73; 71.74; 71.75; 71.77; 71.85(a),(b), and (c); 71.91(b); 71.99; 71.100; 71.101 (c)(2), (d) and (e); 71.107; 71.109; 71.111; 71.113; 71.115; 71.117; 71.119; 71.121; 71.123 and 71.125 are not incorporated. The term "applicant" when used in 10 CFR Part 71 is not incorporated. The words "common defense and security" in 71.12 are not incorporated.	No applicable Connecticut Regulation.
150.1 150.2 150.3 150.11 150.20	Exemptions and continued regulatory authority in Agreement States and in offshore waters under section 274.	Sections 150.3 definitions of "Byproduct Material", "Commission", "Person", "source Material" and "special Nuclear Material"; 150.4 through 150.10; 150.14 through 150.19; 150.21 through 150.33 are not incorporated. The definitions of "Foreign Obligations" and "Reconciliation" in section 150.3 are not incorporated.	22a-153-150 Reciprocal Recognition of Licenses.
170	Fees for facilities, materials, import and export licenses, and other regulatory services under the Atomic Energy Act of 1954, as amended.	Sections 170.1; 170.2(d), 170.2(e), 170.2(g) through 170.2(p), 170.2(r), 170.2(t), 170.2(u); 170.3; 170.4; 170.5; 170.8; 170.11(a)(1) through (12), 170.12(c)(1), 170.12(c)(3), 170.12(d) through 170.12(f); 170.21 and 170.51 are not incorporated. The following categories of materials licenses and types of fees are also not incorporated from 10 CFR 170.31 and 171.16: 1 .A, 1.B, 1.E, 1.F, 2.A.(1), 2.A.(2)(a) " 2.A.(2)(e), 2.A.(3), 2.A.(4), 2.C, 3.D, 3.H, 4.A, 9, 10, 11, 12, 13, 15, 17 and 18.	22a-153-6 Fees.
171	Annual fees for reactor licenses and fuel cycle licenses and materials licenses, including holders of certificates of compliance, registrations, and quality assurance program approvals and government agencies licensed by the NRC.	Sections 171.1; 171.3; 171.5; 171.7; 171.8; 171.9; 171.11(b), 171.11(d); 171.13; 171.15; 171.16(a)(1)(v), 171.16(a)(2); 171.17(a); 171.19; 171.23 and 171.25 are not incorporated. In 10 CFR 170.31 and 171.16, the following categories of materials licenses and types of fees are also not incorporated: 1.A, 1.B, 1.E, 1.F, 2.A.(1), 2.A.(2)(a) " 2.A.(2)(e), 2.A.(1)-(2), 2.A.(4), 2.C, 3.D, 3.H, 4.A, 9, 10, 11, 12, 13, 15, 17 and 18.	22a-153-6 Fees.

(4) Availability and interpretation of referenced material.

(A) This section incorporates by reference certain sections of 10 CFR relating to the implementation and the administration of Chapter 446a of the Connecticut General Statutes, inclusive of future amendments of such sections.

(B) Copies of the relevant sections of 10 CFR incorporated by reference in this section are available at www.nrc.gov or by contacting:

Connecticut Department of Energy & Environmental Protection

Bureau of Air Management

Radiation Division

79 Elm Street

Hartford, Connecticut 06106

(860) 424-3029

(5) To reconcile differences between sections 22a-153-1 to 22a-153-150, inclusive, of the Regulations of Connecticut State Agencies, and the incorporated sections of Federal regulations, the following words and phrases shall be substituted for the language of such sections of 10 CFR:

(A) With the exception of 10 CFR 30.4, the definition of "sealed Source and Device Registry" in 32.2 and 35.2; 37.25(b)(2), 37.27(a) and (c), 37.29(a)(1), each reference to the NRC's license verification system in 37.71(a)-(c), 39.63(l), 40.4, 40.35(f), 70.10, 70.19(a)(2) and (a)(3), 70.19(c)(3), the definitions of "certificate holder" and "certificate of compliance (CoC)" in 71.4, 71.10, and in the definition of Special Nuclear Material in 10 CFR 20.1003, each reference to "NRC", "Commission", or "Atomic Energy Commission" means the "Commissioner of Energy and Environmental Protection";

(B) Each reference to "NRC or Agreement State", "Commission or the licensing agency of an Agreement State", "Commission or the appropriate agency of an Agreement State", "Commission or the Atomic Energy Commission or an Agreement State", "U.S. Nuclear Regulatory Commission or the legally binding requirements issued by Agreement States", or "Commission or Agreement State", "Commission or an Agreement State", "Commission or with an Agreement State", or "Commission or by an Agreement State", means the "Connecticut Department of Energy and Environmental Protection, the NRC, or Agreement State";

(C) Each reference to "or equivalent Agreement State regulations" means "NRC regulations in Chapter 10 of the Code of Federal Regulations, or equivalent Agreement State regulations." A reference to "or equivalent Agreement State requirements" means "NRC requirements, or equivalent Agreement State requirements." A reference to "comparable provisions of an Agreement State" means "comparable provisions of the NRC or of an Agreement State".

(D) The information identified below shall be submitted by a licensee as follows:

(i) Notifications, reports, correspondence, and oath and affirmations certifications referenced in the incorporated parts of 10 CFR shall be directed to the Connecticut Department of Energy and Environmental Protection after Agreement State status is in effect as published by the department, and, for NRC licenses, to the NRC until Agreement State status is in effect,

(ii) Fingerprints for FBI criminal history records check and related fees shall be submitted to the NRC in accordance with 10 CFR 37.27, and

(iii) Communications and reports concerning sections 22a-153-1 to 22a-153-150, inclusive, of the Regulations of Connecticut State Agencies and applications filed in response to such regulations shall be addressed to the Connecticut Department of Energy & Environmental Protection, Bureau of Air Management, Radiation Division, 79 Elm Street, Hartford, Connecticut 06106;

(E) Instructions in the incorporated sections of 10 CFR to use forms of the NRC means to use forms of the department, which will be available on the department website at https://portal.ct.gov/deep or available upon request from the department at 79 Elm St., Hartford, CT 06106;

(F) In 10 CFR 30.32(g), 31.5(b)(1)(ii), 31.5(c)(3)(ii), 31.5(c)(5), 31.5(c)(13)(iv), 31.6, 31.7(a), 31.8(b), 31.8(c)(3), 31.10(a), 31.10(b)(1), 31.12(c)(4), 32.55(d), 32.56, 32.74(a)(3), 34.89(b)(12), 39.75(e), 40.25(b), 40.25(d)(3), 40.35(d)(2) and (e)(2), each reference to "an Agreement State", means "an Agreement State or the NRC";

(G) In 10 CFR 31.6, whenever the words "any non-Agreement State" or "offshore waters," as defined in section 150.3(f) of this chapter are used, the "state of Connecticut" shall be substituted;

(H) In 10 CFR 39.51, where the phrase "or by an Agreement State" is used, substitute the words "by the NRC or by an Agreement State";

(I) In 10 CFR 70.19(a)(1), reference to "a non-Agreement State" means "the state of Connecticut";

(J) In 10 CFR 40.10(b), 70.10(b) and 71.8(c), the reference to 10 CFR 2, subpart B is replaced with a reference to sections 22a-6b and 22a-158 of the Connecticut General Statutes;

(K) In 10 CFR 40.31(c), the reference to parts 2 and 9 of this chapter, relating to public records, is replaced with a reference to section 1-210 of the Connecticut General Statutes;

(L) Notwithstanding subparagraph (D) of this subdivision, reference to written reports in 10 CFR 40.60 means "Written reports shall be sent to: Connecticut Department of Environmental Protection, Bureau of Air Management, Radiation Division, 79 Elm Street, Hartford, Connecticut 06106";

(M) In 10 CFR 30.12, 30.41(b)(1), 40.11, 40.14(c), 40.51(b)(1), 70.11, 70.42(b)(1), the word "Department" means the "U.S. Department of Energy";

(N) In 10 CFR 70.50(c) concerning preparation and submission of reports, all communications by licensees are to be made to the Connecticut Department of Energy & Environmental Protection, Bureau of Air Management, Radiation Division, 79 Elm Street, Hartford, Connecticut 06106, and by telephone at 860-424-3333 for immediate and 24-hour reports;

(O) In 10 CFR 71, Subpart H, and in 10 CFR 170 and 171, the terms "Certificate of Compliance," "certificate holder," and "applicant for CoC" refer to a certificate, certificate holder or applicant that remain under NRC jurisdiction;

(P) In 10 CFR 71.17(c)(3), the submission required before the first use of an NRC approved package shall be sent to the NRC, ATTN: Document Control Desk, Director, Division of Spent Fuel Storage and Transportation, Office of Nuclear Material Safety and Safeguards, using an appropriate method listed in 10 CFR 71.1(a), the licensee's name and license number and the package identification number specified in the package approval;

(Q) In 10 CFR 71.101(c)(1), using an appropriate method listed in section 71.1(a), each licensee shall file a description of its quality assurance program, including a discussion of which requirements of this subpart are applicable and how they will be satisfied, by submitting the description to: Connecticut Department of Energy & Environmental Protection, Bureau of Air Management, Radiation Division, 79 Elm Street, Hartford, Connecticut 06106; and

(R) In 10 CFR 150.20, where the words:

(i) "non-Agreement States", "areas of exclusive federal jurisdiction within Agreement States", or "offshore waters" are used in (a)(1)(i), (ii), (iii), (b), (b)(3), and (b)(4), substitute the words "the state of Connecticut",

(ii) "Agreement State license" are used, substitute "Agreement State license or Nuclear Regulatory Commission license",

(iii) "license issued by an Agreement State" are used, substitute "license issued by an Agreement State or the Nuclear Regulatory Commission", and

(iv) "license from an Agreement State" are used, substitute "license from an Agreement State or the Nuclear Regulatory Commission."

(S) In 10 CFR 19.15, 19.16, 30.34, 30.41(b)(3), 30.61(b), 40.31(d), 40.32(a), 40.41(a), (b), and (e)(4), 40.51(b)(3), 40.71, 70.21(b), 70.31(a), 70.32(a)(3), 70.32(b)(5), 70.36, 70.42(b)(3), 70.81, and 150.20(b) reference to "the Act" or "Atomic Energy Act of 1954" means sections 22a-148 to 22a-158, inclusive, of the Connecticut General Statutes.

(c)Definitions.

The definition of any term in this subsection applies to any such term as used in sections 22a-153-1 to 22a-153-150, inclusive, of the Regulations of Connecticut State Agencies concerning the Radioactive Materials Program. Any term used in such regulations that is not defined in this subsection shall be as defined or described in 10 CFR 19, 20, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 61, 70, 71, 150, 170 and 171, subject to the exceptions listed in Table 1.0, or as defined or described in the provisions of subsection (b) of this section:

(1) "By-product material" or "byproduct material" has the same meaning as "by-product material" as provided in section 22a-151 of the Connecticut General Statutes.

(2) "Calendar quarter" means not less than twelve (12) consecutive weeks nor more than fourteen (14) consecutive weeks. The first calendar quarter of each year shall begin on January 1 and subsequent calendar quarters shall be so arranged such that no day is included in more than one (1) calendar quarter and no day in any one (1) year is omitted from inclusion within a calendar quarter.

(3) "CFR" means the Code of Federal Regulations.

(4) "Commissioner" has the same meaning as provided in section 22a-151 of the Connecticut General Statutes.

(5) "Decommissioning plan" means a written document that includes the licensee's planned procedures and activities for decommissioning of a facility or site.

(6) "Department" means the Connecticut Department of Energy and Environmental Protection.

(7) "Facility" means one (1) or more locations on a site under the same administrative control at which:

(A) The possession, use, processing or storage of radioactive materials is or was authorized; or

(B) One (1) or more radiation-producing machines or radioactivity-inducing machines are installed or located.

(8) "General license" has the same meaning as provided in section 22a-151 of the Connecticut General Statutes.

(9) "Healing arts" has the same meaning as provided in section 20-1 of the Connecticut General Statutes.

(10) "Inspection" means an official examination or observation including, but not limited to, tests, surveys, and monitoring to determine compliance by a licensee with applicable regulations, orders, requirements, and conditions of the commissioner.

(11) "Megabecquerel" or "MBq" means one million becquerels (1E6 Bq), an SI unit of activity where one (1) becquerel is equal to one (1) disintegration per second or one (1) transformation per second of radioactive material.

(12) "Milliroentgen" or "mR" means the unit of radiation exposure and is equal to 2.58E-7 coulombs per kilogram of air.

(13) "NORM" means naturally occurring radioactive material.

(14) "Patient" means an individual subject to examination, diagnosis, or treatment within the healing arts.

(15) "Person" has the same meaning as provided in section 22a-151 of the Connecticut General Statutes.

(16) "Radioactive material" or "radioactive materials" has the same meaning as "radioactive materials" in section 22a-151 of the Connecticut General Statutes.

(17) "Radioactivity" means the transformation of unstable atomic nuclei by the emission of radiation.

(18) "sealed source" means any radioactive material that is encased in a capsule designed to prevent leakage or escape of the radioactive material.

(19) "specific license" has the same meaning as provided in section 22a-151 of the Connecticut General Statutes.

(20) "source material" has the same meaning as provided in section 22a-151 of the Connecticut General Statutes.

(21) "special nuclear material" has the same meaning as provided in section 22a-151 of the Connecticut General Statutes.

(22) "Year" means the twelve (12)-month period beginning January 1 unless the starting date is otherwise specified in a regulation or license.

Conn. Agencies Regs. § 22a-153-1

Effective 10/1/2025