Statutes, codes, and regulations
West Virginia Administrative Code
Agency 64 - HealthTitle 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES
Series 64-23 - Radiological Health Rule
Section 64-23-16 - Radiation Safety Requirements for Technologically Enhanced Radioactive Materials (TENORM)

W. Va. Code R. § 64-23-16

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Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-23-16 - Radiation Safety Requirements for Technologically Enhanced Radioactive Materials (TENORM)
16.1. Purpose. This Section establishes radiation protection standards for the possession, use, transfer, and disposal of technologically enhanced naturally occurring radioactive materials (TENORM).
16.2. Scope.
16.2.a. This rule apply to any person who receives, owns, possesses, uses, processes, transfers, distributes, or disposes of TENORM.
16.2.b. The rules in this Part address the introduction of TENORM into products in which neither the TENORM, nor the radiation emitted from the TENORM, is considered to be beneficial to the products.
16.2.c. The manufacture and distribution of products containing TENORM, in which the TENORM or its emitted radiation is considered to be a beneficial attribute, are registered under the provisions of Section 11. of this rule.
16.2.d. This Section does not apply to radionuclides for which NRC retains exclusive jurisdiction.
16.3. Definitions. As used in this Section, the following definitions apply:
16.3.a. Beneficial Attribute - the radioactivity of the product necessary to the use of the product.
16.3.b. Beneficial to the Product - the radioactivity of the product necessary to the use of the product.
16.3.c. General Environment - the total terrestrial, atmospheric, and aquatic environments outside the site boundary within which any activity, operation, or process authorized by a general or specific registration issued under this Section, is performed.
16.3.d. Institutional Controls:
(1) Permanent markers placed at a disposal site,
(2) public records and archives,
(3) government ownership and rules regarding land or resource use, and
(4) other methods of preserving knowledge about the location, design, and contents of a disposal system.
16.3.e. Product - something produced, made, manufactured, refined, or benefitted.
16.3.f. Reasonably Maximally Exposed Individual - a representative of a population who is exposed to TENORM at the maximum TENORM concentration measured in environmental media found at a site along with reasonable maximum case exposure assumptions. The exposure is determined by using maximum values for one or more of the most sensitive parameters affecting exposure, based on cautious but reasonable assumptions, while leaving the others at their mean value.
16.3.g. Technologically Enhanced Naturally Occurring Radioactive Material (TENORM) - naturally occurring radionuclides whose concentrations are increased by or as a result of past or present human practices. TENORM does not include background radiation or the natural radioactivity of rocks or soils. TENORM does not include uranium or thorium in "source material" as defined in the aea and US NRC regulations.
16.3.h. Transfer - the physical relocation of NORM containing materials not directly associated with commercial distribution within a business's operation or between general or specific registrants. This term does not include a change in legal title to NORM containing materials that does not involve physical movement of those materials.
16.3.i. Total Effective Dose Equivalent (TEDE) - the sum of the deep dose equivalent for external exposures and the committed effective dose equivalent for internal exposures.
16.4. Exemptions.
16.4.a. Persons who receive, own, possess, use, process, transfer, distribute, or dispose of TENORM are exempt from the requirements of this Section with respect to any combination of 226Ra and 228Ra if the materials contain, or are contaminated at, concentrations less than one hundred eighty five (185) bequerel per kilogram (five [5] pCi/gm) excluding natural background. This does not apply to consumer or retail products which are discussed in Subdivision 16.12.c. and Subsection 16.13. Using purposeful dilution to render TENORM waste exempt shall not be allowed without prior agency approval.
16.4.b. Persons who receive products or materials containing TENORM distributed in accordance with a specific registration issued by the agency pursuant to Subdivision 16.10.a., or to an equivalent registration issued by another licensing state, are exempt from this rule with regard to those products or materials.
16.4.c. The distribution, including custom blending, possession, and use of fertilizers containing TENORM, is exempt from the requirements of this Section.
16.4.d. TENORM waste regulated by CERCLA or RCRA (Resources Conservation and Recovery Act) are exempt from this Section.
16.4.e. The transportation and storage incident to transportation are governed by Sections 6. and 16. of this rule.
16.5. Standards for Radiation Protection for TENORM.
16.5.a. No person registered under Section 16.9. and 16.10. shall conduct operations, use, or transfer TENORM in a manner such that a member of the public will receive an annual total effective dose in excess of one (1) millisievert per year (one hundred [100] mRem/yr.) from all registered sources including TENORM.
16.5.b. Persons subject to a registration under this Section shall comply with radiation protection standards set out in Section 6. of this rule.
16.5.c. Doses from indoor radon and its progeny shall not be included in total effective dose equivalent calculations.
16.5.d. No person shall release TENORM for unrestricted use in such a manner that the reasonably maximally exposed individual will receive an annual total effective dose equivalent from the released TENORM in excess of five-tenths (0.5) millisievert per year (fifty [50] mRem/yr.) excluding natural background.
16.6. Protection of Workers During Operations. Each person subject to a specific registration under this Section shall conduct operations in compliance with the standards for radiation protection set out in Sections 6. and 13. of this rule.
16.7. Release for Unrestricted Use. Each person subject to a registration under this Section shall:
16.7.a. Not transferor release for unrestricted use facilities or equipment contaminated with TENORM in excess of levels in Table 64-23 Ii;
16.7.b. Not transferor release for unrestricted use equipment contaminated with TENORM in excess of a surface gamma radiation level of one hundred (100) microrems/hour including natural background; and
16.7.c. Not transfer land for unrestricted use where the concentration of 226Ra or 228Ra in soilaveraged over any one hundred (100) square meters exceeds the background level by more than one hundred eighty five (185) Bequerel per kilogram (five [5] pCi/gm), averaged over any fifteen (15) cm layer of soil below the surface, unless compliance with Subdivision 16.5.b. through d. can be demonstrated.
16.8. Disposal and Transfer of Waste for Disposal.
16.8.a. Each person subject to a registration under this rule shall manage and dispose of wastes containing TENORM:
16.8.a.1. By transfer of the wastes for disposal to a facility registration under requirements for uranium or thorium byproduct materials in either 40 CFR 192 or 10 CFR 40 Appendix A; or
16.8.a.2. By transfer of the wastes for disposal to a disposal facility licensed by the US Nuclear Regulatory Commission, an agreement state, or a licensing state; or
16.8.a.3. In accordance with alternate methods authorized by the agency upon application or upon the agency's initiative, consistent with Subsection 16.5. and where applicable the clean water act, safe drinking water act and other requirements of the US Environmental Protection Agency for disposal of such wastes.
16.8.b. Equipment contaminated with TENORM in excess of levels specified in Table Oo, which is to be disposed of as waste, shall be disposed of:
16.18.b.1. So as to prevent any reintroduction into commerce or unrestricted use; and
16.18.b.2. Within disposal areas specifically designed to meet the criteria of Subdivision 16.8.a.
16.8.c. Transfers of waste containing TENORM for disposal shall be made only to a person specifically authorized by the Nuclear Regulatory Commission, an agreement state or a licensing state, to receive such waste.
16.8.d. Records of disposal, including manifests, shall be maintained pursuant to the provisions of Section 6. of this rule.
16.9. General Registration
16.9.a. Subject to the requirements of Subsections 16.5. through 16.8. and Subdivision 16.10., a general registration is hereby issued to possess, own, use, transfer, distribute or dispose of TENORM without regard to quantity.
16.9.b. This general registration does not authorize the manufacturing of products containing TENORM in concentrations greater than those specified in Subsection 16.4. nor the receipt and disposal of wastes from other persons.
16.9.c. The decontamination of equipment, facilities, and land shall be preformed only by persons specifically registered by the agency or another licensing state to conduct such work. However, employees or contractors under control and supervision of a general registration can perform routine maintenance on equipment, facilities, and land owned or controlled by the general registration. Maintenance that provides a different pathway for exposure than is found in daily operations and that increases the potential for additional exposure is not considered routine.
16.9.d. Transfer of material or real property.
16.9.d.1. The transfer of TENORM not exempt from this rule from one general registrant to another general registrant is authorized if:
16.9.d.1.A. The equipment and facilities contaminated with TENORM are to be used by the recipient for the same purpose; or
16.9.d.1.B. The transfer of control or ownership of land contaminated with TENORM includes notice to owners of surface and mineral rights to indicate the presence of TENORM.
16.9.d.2. Transfers not made in accordance with Paragraph 16.9.d.1. require prior approval by the agency.
16.9.d.3. Transfers made under Paragraph 16.9.d.1. do not relieve the general registrant who makes the transfer from the responsibilities of assessing the extent of TENORM contamination or material present, informing the general registrant receiving the TENORM of these assessments, and maintaining records required by this rule.
16.9.d.4. A general registrant intending to transfer material or real property for unrestricted use shall document compliance with the requirements of Subsection 16.7. of this regulation. Records of such compliance shall be kept .
16.9.e. Distribution of TENORM products between general registrants. The distribution of TENORM products not exempt from this rule from one general registration to another general registrant is authorized provided the product is accompanied by labels or manifests which identify the type and amount of TENORM.
16.9.f. The Division of Health may, by written notice, require any person authorized by a general registration to apply for and obtain a specific registration. The notice shall state the reason or reasons for requiring a specific registration.
16.10. Specific Registration. Unless otherwise exempt, a specific registration is required to:
16.10.a. Manufacture and distribute any material or product containing TENORM unless authorized by Subdivision 16.9.e., exempted under the provisions of Subsection 16.4., or registered under the provisions of Section 6. of this rule;
16.10.b. Except as provided in Subdivision 16.9.c., decontaminate equipment or land not otherwise exempted under the provisions of Subsection 16.4. or facilities contaminated with TENORM in excess of the levels set forth in Subsection 16.7., as applicable; for purposes of this Subsection, the term "decontaminate" shall not include maintenance which incidentally results in removal of contamination;
16.10.d. Receive TENORM from other persons for disposal.
16.11. Filing Application for Specific Registration.
16.11.a. Applications for specific registration shall be filed in a manner and on a form prescribed by the agency.
16.11.b. The agency may at any time after the filing of the original application, and before the expiration of the registration, require further statements in order to enable the agency to determine whether the application should be granted or denied or whether a registration should be modified or revoked.
16.11.c. Each application shall be signed by the applicant or registrant or a person duly authorized to act for and on the registrant's behalf.
16.11.d. An application for a registration may include a request for a registration authorizing one or more activities.
16.11.e. In an application, the applicant may incorporate by reference information contained in previous applications, statements, or reports filed with the agency provided such references are clear and specific.
16.11.f. Applications and documents submitted to the agency may be made available for public inspection.
16.12. Requirements for the Issuance of Specific Registrations.
16.12.a. A registration application will be approved if the agency determines that:
16.12.a.1. The applicant is qualified by reason of training and experience to use the TENORM in question for the purpose requested in accordance with this rule in such a manner as to protect the public health and safety or property;
16.12.a.2. The applicant's proposed equipment, facilities, and procedures are adequate to protect the public health and safety or property;
16.12.a.3. The issuance of the registrant will not be inimical to the health and safety of the public;
16.12.a.4. The applicant satisfied all applicable special requirements in this Section; and
16.12.a.5. The applicant has met the financial surety requirements of Subsection 16.23.
16.12.a.6. The applicant has adequately addressed the following items in the application:
16.12.a.6.A. Procedures and equipment for monitoring and protecting workers;
16.12.a.6.B. An evaluation of the radiation levels and concentrations of contamination expected during normal operations;
16.12.a.6.C. Operating and emergency procedures, including procedures for waste reduction and quality assurance of items released for unrestricted use; and
16.12.a.6.D. A method for managing the radioactive material removed from contaminated equipment and facilities.
16.12.b. An application for a specific registration to decontaminate equipment, land, or facilities contaminated with TENORM in excess of the levels set forth in Subdivisions 16.4.a., 16.7.b., or Table Oo, as applicable, and to dispose of the resulting waste will be approved if:
16.12.b.1. The applicant satisfies the general requirements specified in Subdivision 16.12.a.; and
16.12.b.2. The applicant has adequately addressed the following items in the application:
16.12.b.2.A. Procedures and equipment for monitoring and protection of workers;
16.12.b.2.B. An evaluation of the radiation levels and concentrations of contamination expected during normal operations;
16.12.b.2.C. Operating and emergency procedures, including procedures for waste reduction and quality assurance of items released for unrestricted use; and
16.12.b.2.D. Method of disposing of the TENORM removed from contaminated equipment, facilities, and land.
16.12.c. An application for a specific license to transfer materials or manufacture or distribute products containing TENORM to persons exempted from this rule pursuant to Subdivision 16.4.b. will be approved if:
16.12.c.1. The applicant satisfies the general requirements specified in Subdivision 16.22.a.;
16.12.c.2. The TENORM is not contained in any food, beverage, cosmetic, drug, or other commodity designed for ingestion or inhalation by, or application to, a human being; and
16.12.c.3. The applicant submits sufficient information relating to the design, manufacture, prototype testing, quality control procedures, labeling or marking, and conditions of handling, storage, use, and disposal of the TENORM material or product to demonstrate that the material or product will meet the safety criteria set forth in Subsection 16.13. The information shall include:
16.12.c.3.A. A description of the material or product and its intended use or uses;
16.12.c.3.B. The type, quantity, and concentration of TENORM in each material or product;
16.12.c.3.C. The chemical and physical form of the TENORM in the material or product, and changes in chemical and physical form that may occur during the useful life of the material or product;
16.12.c.3.D. An analysis of the solubility in water and body fluids of the TENORM in the material or product;
16.12.c.3.E. The details of manufacture and design of the material or product relating to containment and shielding of the TENORM and other safety features under normal and severe conditions of handling, storage, use, reuse, and disposal of the material or product;
16.12.c.3.F. The degree of access of human beings to the material or product during normal handling, use, and disposal;
16.12.c.3.G. The total quantity of TENORM expected to be distributed annually in the material or product;
16.12.c.3.H. The expected useful life of the material or product;
16.12.c.3.I. The proposed method of labeling or marking each unit of the material or product with identification of the manufacturer or initial transferor of the product and the radionuclides and quantity of TENORM in the material or product;
16.12.c.3.J. The procedures for prototype testing of the material or product to demonstrate the effectiveness of the containment, shielding, and other safety features under both normal and severe conditions of handling, storage, use, reuse, and disposal;
16.12.c.3.K. The results of the prototype testing of the material or product, including any change in the form of the TENORM contained in it, the extent to which the TENORM may be released to the environment, any change in radiation levels, and any other changes in safety features;
16.12.c.3.L. The estimated external radiation doses and dose commitments relevant to the safety criteria in Subsection 16.13. and the basis for such estimates;
16.12.c.3.M. A determination that the probabilities with respect to doses referred to in Subsection 16.13. meet the safety criteria;
16.12.c.3.N. The quality control procedures to be followed in the production of production lots of the material or product, and the quality control standards the material or product will be required to meet; and
16.12.c.3.O. Any additional information, including experimental studies and tests, required by the agency to facilitate a determination of the radiation safety of the material or product.
16.12.d. Notwithstanding the provisions of Subdivision 16.13.b., the agency may deny an application for a specific registration if the end uses of the product are frivolous or cannot be reasonably foreseen.
16.13. Safety Criteria for Products. An applicant for a registration under Subdivision 16.12.c. shall demonstrate that the product is designed and will be manufactured so that:
16.13.a. In normal use and disposal of a single exempt item, and in normal handling and storage of the quantities of exempt items likely to accumulate in one location during marketing, distribution, installation, and servicing of the product, it is unlikely that the TEDE in any one year, to a suitable sample of the group of individuals expected to be most highly exposed to radiation or radioactive material from the product will exceed the doses in Column I of 16.14.
16.13.b. In use and disposal of a single exempt item and in handling and storage of the quantities of exempt items likely to accumulate in one location during marketing, distribution, installation, and servicing of the product, the probability is low that the containment, shielding, or other safety features of the product would fail under such circumstances that a person would receive an external radiation dose or dose commitment in excess of the dose to the appropriate organ as specified in Column II of the Table in Subsection 16.14. and the probability is negligible that a person would receive an external radiation dose or dose commitment in excess of the dose to the appropriate organ as specified in Column III of the Table in Subsection 16.14.
16.13.c. It is unlikely that there will be a significant reduction in the effectiveness of the containment, shielding, or other safety features of the product from wear and abuse likely to occur in normal handling and use of the product during its useful life.
16.14. Table of Organ Doses.
16.15. Issuance of Specific Registrations.
16.15.a. Upon a determination that an application meets the requirements of this rule, the agency will issue a specific registration authorizing the proposed activity in such form and containing such conditions and limitations as it deems appropriate or necessary.
16.15.b. The agency may incorporate in any license at the time of issuance, or thereafter by amendment, such additional requirements and conditions with respect to the registrant's receipt, possession, use, and transfer of TENORM subject to this Section as it deems appropriate or necessary in order to:
16.15.b.1. Protect public health and safety or property;
16.15.b.2. Require such reports and the keeping of such records, and to provide for such inspections of activities under the license as may be appropriate or necessary; and
16.15.b.3. Prevent loss, theft, or loss of control of TENORM subject to this Section.
16.16. Conditions of Specific Registration Issued Under Section 16.12.
16.16.a. General Terms and Conditions
16.16.a.1. Each registration issued pursuant to this Section shall be subject to all the provisions of this rule, now or hereafter in effect, and to all rules, and orders of the agency.
16.16.a.2. No registration issued or granted under this Section and no right to possess or utilize TENORM granted by any registration issued pursuant to this Section shall be transferred, assigned, or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of any registration to any person unless the agency shall, after securing full information, find that the transfer is in accordance with the provisions of this rule, and shall give its consent in writing.
16.16.a.3. Each person registered by the agency pursuant to this Section shall confine use and possession of the TENORM registered to the locations and purposes authorized in the registration.
16.16.a.4. Each person registered by the agency pursuant to this Section is subject to the general license provisions of Subsections 16.6, 16.7. and 16.8.
16.16.a.5. Each registrant shall:
16.16.a.5.A. Notify the agency, in writing, immediately following the filing of a voluntary or involuntary petition for bankruptcy under any Chapters of Title II (bankruptcy) of the United States Code (11 U.S.C.) by or against:
16.16.a.5.A.1. A registrant;
16.16.a.5.A.2. An entity controlling a registrant or listing the registration or registrant as property of the estate; or
16.16.a.5.A.3. An affiliate of the registrant.
16.16.a.5.B. Indicate in their Bankruptcy notification:
16.16.a.5.B.1. The bankruptcy court in which the petition for bankruptcy was filed; and
16.16.a.5.B.2. The date of the filing of the petition.
16.16.b. Quality Control, Labeling, and Reports of Transfer. Each person registered under Subdivision 16.12.c. shall:
16.16.b.1. Carry out adequate control procedures in the manufacture of the product to assure that each production lot meets the quality control standards approved by the agency;
16.16.b.2. Label or mark each unit so that the manufacturer, processor, producer, or initial transferor of the material or product and the TENORM in the product can be identified; and
16.16.b.3. Maintain records identifying, by name and address, each person to whom TENORM is transferred for use under Subdivision 16.4.b. or the equivalent regulations of a licensing state, and stating the kinds, quantities, and uses of TENORM transferred. An annual summary report stating the total quantity of each radionuclide transferred under the specific registration shall be filed with the agency. Each report shall cover the year ending December 31, and shall be filed within ninety (90) days thereafter. If no transfers of TENORM have been made pursuant to Subdivision 16.12.c. during the reporting period, the report shall so indicate.
16.17. Expiration and Termination of Specific Registrations.
16.17.a. Except as provided in Paragraph 16.17.d.6. and Subdivision 16.18.b., each specific registration shall expire at the end of the specified day in the month and year stated therein.
16.17.b. Each registrant shall notify the agency in writing and request termination of the registration when the registrant decides to terminate all activities involving TENORM authorized under the registration. This notification and request for termination of the registration must include the reports and information specified in Paragraph 16.17.d.6. The registrant is subject to the provisions of Subdivisions 16.17.d. and 16.17.e., as applicable.
16.17.c. No less than thirty (30) days before the expiration date specified in a specific registration, the registrant shall either:
16.17.c.1. Submit an application for registration renewal under Subsection 16.18.; or
16.17.c.2. Notify the agency in writing, under Subdivision 16.17.b., if the registrant decides to discontinue all activities involving TENORM.
16.17.d. If a registrant does not submit an application for registration renewal under Subsection 16.18., the registrant shall, on or before the expiration date specified in the registration:
16.17.d.1. Terminate use of TENORM;
16.17.d.2. Remove TENORM contamination consistent with the requirements of Subsection 16.7.;
16.17.d.3. Properly dispose of TENORM; and
16.17.d.4. Submit a report of disposal of TENORM and radiation surveys to confirm the absence of TENORM or to establish the levels of residual TENORM contamination. The registrant shall, as appropriate:
16.17.d.4.A. Report levels of radiation in units of microroentgens per hour of beta and gamma radiation at one (1) centimeter and gamma radiation at one meter from surfaces and report levels of radioactivity in units of disintegrations per minute (or microcuries) per one hundred (100) square centimeters removable and fixed on surfaces, microcuries or Becquerel per milliliter in water, and picocuries or Becquerels per gram in contaminated solids such as soils or concrete; and
16.17.d.4.B. Specify the instruments used and certify that each instrument is properly calibrated and tested.
16.17.d.5. If levels of residual activity are less than those established in Subsection 16.7., the registrant shall so certify. If the agency determines that this certification and the information submitted under Paragraph 16.17.d.4. is adequate and surveys confirm the findings, the agency will notify the registrant in writing that the registration is terminated.
16.17.d.6. If levels of residual TENORM are not in conformance with criteria established in Subsection 16.17., the registration continues in effect beyond the expiration date, if necessary, with respect to possession of residual TENORM until the agency notifies the registrant in writing that the registration is terminated. During this time, the registrant is subject to the provisions of Subdivision 16.17.e. In addition to the information submitted under Paragraph 17.17.d.4., the registrant shall submit a plan, if appropriate, for decontaminating the location or locations and disposing of the residual TENORM.
16.17.e. Each registrant who possesses residual TENORM under Paragraph 16.17.d.6., following the expiration date specified in the registration, shall:
16.17.e.1. Be limited to actions involving TENORM related to preparing the locations for release for unrestricted use; and
16.17.e.2. Continue to control entry to restricted areas until the locations are suitable for release for unrestricted use and the agency notifies the registrant in writing that the registration is terminated.
16.18. Renewal of Specific Registrations.
16.18.a. Applications for renewal of specific registrations shall be filed in accordance with Subsection 16.11.
16.18.b. In any case in which a registration, not less than thirty (30) days prior to expiration of an existing registration, has filed an application in proper form for renewal or for a new registration authorizing the same activities, such existing registration shall not expire until final action by the agency.
16.19. Amendment of Specific Registrations at Request of Registrant. Applications for amendment of a registration shall be filed in accordance with Subsection 16.11. and shall specify the respects in which the registrant desires the registration to be amended and the grounds for such amendment.
16.20. Agency Action on Applications to Renew and Amend Specific Registrations. In considering an application by a registrant to renew or amend the registration, the agency will apply the criteria set forth in Subsection 16.12.
16.21. Modification and Revocation of Specific Registrations.
16.21.a. The terms and conditions of all registrations shall be subject to amendment, revision, or modification or the registration may be suspended or revoked by reason of amendments to this rule, or by reason of rules, regulations, and orders issued by the agency.
16.21.b. Any registration may be revoked, suspended, or modified, in whole or in part, for any material false statement in the application or any statement of fact required under provisions of this rule, or because of conditions revealed by such application or statement of fact or any report, record, or inspection or other means which would warrant the agency to refuse to grant a registration on an original application, or for violation of, or failure to observe any of the terms and conditions of this rule, or of the registration, or of any rule, regulation, or order of the agency.
16.21.c. Except in cases of willfulness or those in which the public health, interest or safety requires otherwise, the agency shall not modify, suspend or revoke a registration prior to the institution of proceedings unless facts or conduct which may warrant such action shall have been called to the attention of the registrant in writing and the registrant shall have been accorded an opportunity to demonstrate or achieve compliance with all lawful requirements.
16.22. Reciprocal Recognition of Specific Registrations. Subject to this rule, any person who holds a specific registration from an agreement state or a licensing state, and issued by the agency having jurisdiction where the registrant maintains an office for directing the registered activity and at which radiation safety records are normally maintained, is hereby granted a general registration to conduct the activities authorized in such registering document within this state for a period not in excess of 180 days in any calendar year provided that:
16.22.a. The registering document does not limit the activity authorized by such document to specified installations or locations;
16.22.b. The out-of-state registrant notifies the agency in writing at least three (3) days prior to engaging in such activity. 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 registering document. If, for a specific case, the three (3) day period would impose an undue hardship on the out-of-state registrant , the registrant may, upon application to the agency, obtain permission to proceed sooner. The agency 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 registration provided in Subdivision 16.22.a.;
16.22.c. The out-of-state registrant complies with all applicable rules of the agency and with all the terms and conditions of the registering document, except any such terms and conditions which may be inconsistent with applicable rules of the agency;
16.22.d. The out-of-state registrant supplies such other information as the agency may request; and
16.22.e. The out-of-state registrant shall not transferor dispose of TENORM possessed or used under the general registration provided in Subdivision 16.22.a. except by transfer to a person:
16.22.e.1. Specifically registered by the agency or by another licensing state to receive such TENORM; or
16.22.e.2. Exempt from the requirements for a registration for such TENORM under Section 16.4.
16.23. Financial Surety Arrangements. Pursuant to §64 CSR 23, each registrant or applicant for a registration under Subsection 16.12. shall post with the agency financial surety, or security, to ensure the protection of the public health and safety and the environment in the event of abandonment, default, or other inability or unwillingness of the registrant to meet the requirements of this rule. Financial surety arrangements shall:
16.23.a. Consist of cash deposits, certificates of deposit, government securities, irrevocable letters or lines of credit, or any combination of these;
16.23.b. Be in an amount sufficient to meet the applicant's or registrant's obligations under the act and this rule and shall be based upon agency approved cost estimates;
16.23.c. Be established prior to issuance of the registration or the commencement of operations to assure that sufficient funds will be available to carry out the decontamination and decommissioning of the facility;
16.23.d. Be continuous for the duration of the registration and for a period coincident with the applicant or registrant responsibility under this rule;
16.23.e. Be available in West Virginia subject to judicial process and execution in the event required for the purposes set forth; and
16.23.f. Be established within ninety (90) days of July 1, 2001 for registrations in effect on that date.

W. Va. Code R. § 64-23-16