La. Admin. Code tit. 33 § XV-340

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-340 - Transfer of Source or Byproduct Material

A. No licensee shall transfer source or byproduct material except as authorized pursuant to this Section.

B. Except as otherwise provided in the license and subject to the provisions of LAC 33:XV.340.C and D, any licensee may transfer source or byproduct material:

1. to the department (a licensee may transfer source or byproduct material to the department only after receiving prior approval from the department);

2. to the agency in any agreement state which regulates radioactive material according to an agreement under section 274 of the Atomic Energy Act;

3. to any person exempt from the regulations in this Chapter to the extent permitted under such exemption;

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 administrative authority, the U.S. Nuclear Regulatory Commission, any other agreement state, or any licensing state, or to any person otherwise authorized to receive such material by the federal government or any agency thereof, the administrative authority, any other agreement state, or any licensing state;

5. to any person in an agreement state, subject to the jurisdiction of that state, who has been exempted from the licensing requirements and regulations of that state, to the extent permitted under such exemption; or

6. as otherwise authorized by the department in writing.

C. Before transferring source or byproduct material to a specific licensee of the department, the U.S. Nuclear Regulatory Commission, another agreement state, or a licensing state, or to a general licensee who is required to register with the department, the U.S. Nuclear Regulatory Commission, any other agreement state, or a licensing state, prior to receipt of the source or byproduct material, the licensee transferring the material shall verify that the transferee's license authorizes the receipt of the type, form, and quantity of source or byproduct material to be transferred.

D. The following methods for the verification required by LAC 33:XV.340.C are acceptable.

1. The transferor may have in his or her possession, and shall read or have read, a current copy of the transferee's specific license or registration certificate.

2. The transferor may have in his or her possession a written certification by the transferee that he or she is authorized by license or registration certificate to receive the type, form, and quantity of source or byproduct material to be transferred, specifying the license or registration certificate number, issuing agency, and expiration date.

3. For emergency shipments, the transferor may accept oral certification by the transferee that he or she is authorized by license or registration certificate to receive the type, form, and quantity of source or byproduct 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.

4. The transferor may obtain other sources of information compiled by a reporting service from official records of the department, the U.S. Nuclear Regulatory Commission, or the licensing agency of any other agreement state, or licensing state as to the identity of licensees and the scope and expiration dates of licenses and registration.

5. When none of the methods of verification described in Paragraphs D.l-4 of this Section 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, the U.S. Nuclear Regulatory Commission, or the licensing agency of any other agreement state or licensing state that the transferee is licensed to receive the source or byproduct material.

E Preparation for shipment and transport of radioactive material shall be in accordance with the provisions of Chapter 15 of these regulations.

La. Admin. Code tit. 33, § XV-340

Promulgated by the Department of Environmental Quality, Nuclear Energy Division, LR 13:569 (October 1987), amended by the Office of Air Quality and Radiation Protection, Radiation Protection Division, LR 18:34 (January 1992), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2573 (November 2000), amended by the Office of the Secretary, Legal Division, LR4L2324 (November 2015).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and 2104(B).