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Minnesota Legislature

Office of the Revisor of Statutes

CHAPTER 4731, RADIATION SAFETY

DEPARTMENT OF HEALTH

Table of Parts
Part Title
GENERAL PROVISIONS
4731.0100 DEFINITIONS.
4731.0200 GENERAL APPLICATIONS.
4731.0210 RECORDS.
4731.0230 REQUEST FOR WRITTEN STATEMENTS.
4731.0240 DATA PRIVACY.
4731.0250 INSPECTIONS AND TESTING.
4731.0260 VIOLATIONS, ENFORCEMENT, AND PENALTIES.
4731.0270 MODIFICATION AND REVOCATION OF LICENSES.
4731.0280 DELIBERATE MISCONDUCT.
4731.0290 EMPLOYEE PROTECTION.
4731.0300 FEDERAL JURISDICTION EXCLUSION.
4731.0315 CRITICAL MASS.
4731.0355 RECIPROCITY.
TRANSPORTATION OF LICENSED MATERIAL
4731.0400 SCOPE; ENFORCEMENT NOTICE.
4731.0401 REQUIREMENT FOR LICENSE.
4731.0402 TRANSPORTATION OF LICENSED MATERIAL.
4731.0403 SPECIFIC EXEMPTIONS.
4731.0405 [Repealed, 32 SR 831]
4731.0406 GENERAL LICENSE; NRC-APPROVED PACKAGE.
4731.0407 PREVIOUSLY APPROVED PACKAGES.
4731.0408 MR 2008 [Expired]
4731.0409 GENERAL LICENSE; FOREIGN-APPROVED PACKAGE.
4731.0410 GENERAL LICENSE; FISSILE MATERIAL.
4731.0411 GENERAL LICENSE; PLUTONIUM-BERYLLIUM SPECIAL FORM MATERIAL.
4731.0412 EXTERNAL RADIATION STANDARDS FOR ALL PACKAGES.
4731.0413 ASSUMPTIONS AS TO UNKNOWN PROPERTIES.
4731.0414 PRELIMINARY DETERMINATIONS.
4731.0415 ROUTINE DETERMINATIONS.
4731.0416 AIR TRANSPORT OF PLUTONIUM.
4731.0417 OPENING INSTRUCTIONS.
4731.0418 REPORTS.
4731.0419 ADVANCE NOTIFICATION OF SHIPMENT OF IRRADIATED REACTOR FUEL AND NUCLEAR WASTE.
4731.0420 QUALITY ASSURANCE REQUIREMENTS.
4731.0421 QUALITY ASSURANCE ORGANIZATION.
4731.0422 A1 AND A2 VALUES FOR RADIONUCLIDES.
4731.0423 DETERMINATION OF A1 AND A2.
4731.0424 ACTIVITY-MASS RELATIONSHIPS FOR URANIUM.
4731.0455 QUALITY ASSURANCE FOR TRANSPORTATION PACKAGES.
DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL
4731.0525 DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL.
4731.0530 LICENSE REQUIREMENT; SPECIAL NUCLEAR MATERIAL.
4731.0535 EXEMPTION; CERTAIN FEDERAL CONTRACTS.
4731.0540 EXEMPTION; CARRIERS.
4731.0550 TYPES OF LICENSES.
4731.0555 GENERAL LICENSE; CALIBRATION OR REFERENCE SOURCES.
4731.0560 GENERAL LICENSE; OWNING SPECIAL NUCLEAR MATERIAL.
4731.0565 APPLICATION; FILING.
4731.0570 APPLICATION; CONTENTS.
4731.0575 APPLICATION APPROVAL REQUIREMENTS.
4731.0580 APPLICATION; FINANCIAL ASSURANCE AND RECORD KEEPING FOR DECOMMISSIONING.
4731.0585 ISSUANCE OF LICENSES.
4731.0590 LICENSE CONDITIONS.
4731.0595 LICENSE RENEWAL AND AMENDMENT.
4731.0597 INALIENABILITY OF LICENSES.
4731.0600 LICENSE EXPIRATION AND TERMINATION; DECOMMISSIONING.
4731.0605 SPECIFIC LICENSE; MANUFACTURE OR INITIAL TRANSFER OF CALIBRATION OR REFERENCE SOURCES.
4731.0610 AUTHORIZED USE OF SPECIAL NUCLEAR MATERIAL.
4731.0615 TRANSFER OF SPECIAL NUCLEAR MATERIAL.
4731.0620 REPORTING REQUIREMENTS.
4731.0625 RECORD TRANSFER REQUIREMENTS.
4731.0630 INSPECTIONS AND TESTS.
DOMESTIC LICENSING OF SOURCE MATERIAL
4731.0700 PURPOSE AND SCOPE.
4731.0705 INACTIVE TAILINGS SITES.
4731.0710 LICENSE REQUIREMENT.
4731.0715 EXEMPTION; USE OF SOURCE MATERIAL UNDER CERTAIN FEDERAL CONTRACTS.
4731.0720 EXEMPTION; CARRIERS.
4731.0725 EXEMPTION; UNIMPORTANT QUANTITIES OF SOURCE MATERIAL.
4731.0730 OTHER EXEMPTIONS.
4731.0735 TYPES OF LICENSES.
4731.0740 GENERAL LICENSE; TITLE TO SOURCE OR RADIOACTIVE MATERIAL.
4731.0745 GENERAL LICENSE; SMALL QUANTITIES OF SOURCE MATERIAL.
4731.0750 GENERAL LICENSE; USE OF CERTAIN INDUSTRIAL PRODUCTS OR DEVICES.
4731.0760 SPECIFIC LICENSE; APPLICATION.
4731.0765 SPECIFIC LICENSE; APPROVAL.
4731.0770 SPECIFIC LICENSE; CERTAIN INDUSTRIAL PRODUCTS AND DEVICES.
4731.0780 FINANCIAL ASSURANCE AND RECORD KEEPING FOR DECOMMISSIONING.
4731.0785 LICENSE CONDITIONS.
4731.0790 LICENSE EXPIRATION AND TERMINATION; DECOMMISSIONING.
4731.0795 LICENSE RENEWAL AND AMENDMENT.
4731.0810 INALIENABILITY OF LICENSES.
4731.0815 TRANSFER OF RADIOACTIVE MATERIAL.
4731.0816 LICENSE TO TRANSFER SOURCE MATERIAL.
4731.0817 REQUIREMENTS FOR LABELING SOURCE MATERIAL; INSTRUCTIONS.
4731.0820 REPORTING REQUIREMENTS.
4731.0825 RECORDS.
4731.0830 INSPECTIONS AND TESTS.
4731.0840 MODIFICATION AND REVOCATION OF LICENSES.
STANDARDS FOR PROTECTION AGAINST RADIATION
4731.1000 SCOPE; NOTICES, INSTRUCTIONS, REPORTS.
4731.1010 POSTING WORKER NOTICES.
4731.1020 WORKER INSTRUCTIONS.
4731.1030 EXPOSURE NOTIFICATIONS AND REPORTS.
4731.1040 INSPECTIONS; PRESENCE OF REPRESENTATIVES.
4731.1050 INSPECTIONS; CONSULTATION WITH WORKERS.
4731.1060 INSPECTIONS; REQUESTS BY WORKERS.
4731.1070 INSPECTION NOT WARRANTED; INFORMAL REVIEW.
4731.1080 VARIANCES.
4731.1090 DISCRIMINATION PROHIBITED.
4731.2000 GENERAL PROVISIONS.
4731.2010 RADIATION PROTECTION PROGRAMS.
4731.2020 OCCUPATIONAL DOSE LIMITS FOR ADULTS.
4731.2030 SUMMATION OF EXTERNAL AND INTERNAL DOSES.
4731.2040 DETERMINATION OF EXTERNAL DOSE; AIRBORNE RADIOACTIVE MATERIAL.
4731.2050 DETERMINATION OF INTERNAL EXPOSURE.
4731.2060 PLANNED SPECIAL EXPOSURES.
4731.2070 OCCUPATIONAL DOSE LIMITS FOR MINORS.
4731.2080 DOSE EQUIVALENT TO EMBRYO/FETUS.
4731.2090 RADIATION DOSE LIMITS FOR THE PUBLIC.
4731.2095 COMPLIANCE; DOSE LIMITS FOR THE PUBLIC.
4731.2100 RADIOLOGICAL CRITERIA FOR LICENSE TERMINATION.
4731.2150 MINIMIZATION OF CONTAMINATION.
4731.2200 SURVEYS AND MONITORING.
4731.2210 INDIVIDUAL MONITORING; EXTERNAL AND INTERNAL OCCUPATIONAL DOSE.
4731.2220 HIGH RADIATION AREAS; CONTROL OF ACCESS.
4731.2230 VERY HIGH RADIATION AREAS; CONTROL OF ACCESS.
4731.2240 CONTROLLING CONCENTRATION OF RADIOACTIVE MATERIAL IN AIR.
4731.2260 USE OF INDIVIDUAL RESPIRATORY PROTECTION EQUIPMENT.
4731.2270 RESPIRATORY PROTECTION EQUIPMENT RESTRICTIONS.
4731.2280 USE OF HIGHER ASSIGNED PROTECTION FACTORS.
4731.2290 STORAGE AND CONTROL OF LICENSED MATERIAL.
4731.2300 CAUTION SIGNS.
4731.2310 POSTING REQUIREMENTS.
4731.2320 EXCEPTIONS TO POSTING REQUIREMENTS.
4731.2330 LABELING CONTAINERS.
4731.2340 LABELING REQUIREMENTS; EXEMPTIONS.
4731.2350 PROCEDURES FOR RECEIVING AND OPENING PACKAGES.
4731.2360 LEAK TEST REQUIREMENTS.
4731.2400 WASTE DISPOSAL.
4731.2405 DECAY-IN-STORAGE.
4731.2410 APPROVAL OF PROPOSED DISPOSAL PROCEDURES.
4731.2420 DISPOSAL BY RELEASE INTO SANITARY SEWERAGE.
4731.2430 TREATMENT OR DISPOSAL BY INCINERATION.
4731.2440 DISPOSAL OF SPECIFIC WASTES.
4731.2450 TRANSFER FOR DISPOSAL; MANIFESTS.
4731.2460 DISPOSAL OF CERTAIN BYPRODUCT MATERIAL.
4731.2500 RECORDS; RADIATION PROTECTION PROGRAMS.
4731.2510 RECORDS; SURVEYS.
4731.2520 DETERMINATION OF PRIOR OCCUPATIONAL DOSE.
4731.2530 RECORDS; PLANNED SPECIAL EXPOSURES.
4731.2540 RECORDS; INDIVIDUAL MONITORING RESULTS.
4731.2550 RECORDS; DOSE TO INDIVIDUAL MEMBERS OF THE PUBLIC.
4731.2560 RECORDS; WASTE DISPOSAL.
4731.2600 REPORTS; THEFT OR LOSS OF LICENSED MATERIAL.
4731.2610 NOTIFICATION OF INCIDENTS.
4731.2620 REPORTS; RADIATION EXPOSURES, LEVELS, AND CONCENTRATIONS EXCEEDING CONSTRAINTS OR LIMITS.
4731.2630 REPORTS; PLANNED SPECIAL EXPOSURES.
4731.2640 REPORTS TO INDIVIDUALS; DOSE LIMITS EXCEEDED.
4731.2650 [Repealed, 40 SR 145]
4731.2700 ASSIGNED PROTECTION FACTORS FOR RESPIRATORS.
4731.2705 NATIONAL SOURCE TRACKING TRANSACTION REPORTING.
4731.2750 ANNUAL LIMITS ON INTAKE AND DERIVED AIR CONCENTRATIONS.
4731.2800 QUANTITIES OF LICENSED MATERIAL REQUIRING LABELING.
4731.2820 NATIONALLY TRACKED SOURCE THRESHOLDS.
4731.2950 LOW-LEVEL RADIOACTIVE WASTE; TRANSFER AND DISPOSAL.
DOMESTIC LICENSING OF RADIOACTIVE MATERIALS
4731.3000 APPLICABILITY; DOMESTIC LICENSING OF RADIOACTIVE MATERIAL.
4731.3005 ACTIVITIES REQUIRING LICENSE.
4731.3010 SPECIFIC EXEMPTIONS.
4731.3015 EXEMPTION; USE OF RADIOACTIVE MATERIAL UNDER CERTAIN FEDERAL CONTRACTS.
4731.3020 EXEMPTION; CARRIERS.
4731.3025 EXEMPTION; CERTAIN CONCENTRATIONS.
4731.3030 EXEMPTION; CERTAIN ITEMS CONTAINING RADIOACTIVE MATERIAL.
4731.3035 [Repealed, 33 SR 1440]
4731.3040 EXEMPT QUANTITIES.
4731.3045 EXEMPTION; SELF-LUMINOUS PRODUCTS CONTAINING TRITIUM, KRYPTON-85, OR PROMETHIUM-147.
4731.3050 EXEMPTION; GAS AND AEROSOL DETECTORS CONTAINING RADIOACTIVE MATERIAL.
4731.3055 EXEMPTION; RADIOACTIVE DRUGS.
4731.3056 EXEMPTION; CERTAIN INDUSTRIAL DEVICES.
4731.3060 TYPES OF LICENSES.
4731.3065 SPECIFIC LICENSES; APPLICATION.
4731.3070 SPECIFIC LICENSES; APPROVAL.
4731.3075 TERMS AND CONDITIONS OF LICENSES.
4731.3080 FINANCIAL ASSURANCE AND RECORD KEEPING FOR DECOMMISSIONING.
4731.3085 LICENSE EXPIRATION AND TERMINATION; DECOMMISSIONING.
4731.3090 RENEWAL AND AMENDMENT OF LICENSES.
4731.3105 TRANSFER OF RADIOACTIVE MATERIAL.
4731.3110 REPORTING REQUIREMENTS.
4731.3115 RECORDS.
4731.3120 INSPECTIONS AND TESTS.
4731.3130 MODIFICATION AND REVOCATION OF LICENSES.
4731.3135 WITHHOLDING OR RECALL OF RADIOACTIVE MATERIAL.
4731.3140 EXEMPT CONCENTRATIONS.
4731.3145 EXEMPT QUANTITIES.
4731.3150 RADIOACTIVE MATERIALS; EMERGENCY PLAN QUANTITIES.
4731.3155 ASSURING DECOMMISSIONING FUNDS; PARENT COMPANY GUARANTEES.
4731.3160 QUANTITIES OF LICENSED MATERIAL REQUIRING LABELING FOR DECOMMISSIONING.
4731.3165 ASSURING DECOMMISSIONING FUNDS; SELF-GUARANTEES; BOND RATING.
4731.3170 ASSURING DECOMMISSIONING FUNDS; SELF-GUARANTEE; NO OUTSTANDING RATED BONDS.
4731.3175 ASSURING DECOMMISSIONING FUNDS; NONPROFIT ENTITIES.
4731.3200 GENERAL DOMESTIC LICENSES FOR RADIOACTIVE MATERIAL.
4731.3210 [Repealed, 40 SR 145]
4731.3215 GENERAL LICENSE; DETECTING, MEASURING, GAUGING, CONTROLLING, AND OTHER DEVICES.
4731.3220 GENERAL LICENSE; INSTALLATION OF GENERALLY LICENSED DEVICES.
4731.3225 GENERAL LICENSE; LUMINOUS SAFETY DEVICES FOR AIRCRAFT.
4731.3230 GENERAL LICENSE; AMERICIUM-241 AND RADIUM-226 CALIBRATION OR REFERENCE SOURCES.
4731.3235 GENERAL LICENSE; OWNING RADIOACTIVE MATERIAL.
4731.3240 GENERAL LICENSE; STRONTIUM-90 ICE DETECTION DEVICES.
4731.3245 GENERAL LICENSE; IN VITRO CLINICAL OR LABORATORY TESTING USE.
4731.3250 GENERAL LICENSE; CERTAIN ITEMS AND SELF-LUMINOUS PRODUCTS CONTAINING RADIUM-226.
SPECIFIC DOMESTIC LICENSING OF RADIOACTIVE MATERIAL
4731.3300 SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING RADIOACTIVE MATERIAL.
4731.3305 [Repealed, 33 SR 1440]
4731.3315 PROHIBITION OF INTRODUCTION.
4731.3320 [Repealed, 33 SR 1440]
4731.3325 ORGAN DOSES.
4731.3330 SPECIFIC LICENSE; CERTAIN DEVICES CONTAINING RADIOACTIVE MATERIALS; MANUFACTURE OR INITIAL TRANSFER.
4731.3345 SPECIFIC LICENSE; LUMINOUS SAFETY DEVICES; MANUFACTURE, ASSEMBLE, REPAIR, OR INITIALLY TRANSFER.
4731.3365 SPECIFIC LICENSE; CALIBRATION OR REFERENCE SOURCES; MANUFACTURE OR INITIAL TRANSFER.
4731.3380 SPECIFIC LICENSE; ICE DETECTION DEVICES; MANUFACTURE OR INITIAL TRANSFER.
4731.3390 SPECIFIC LICENSE; MATERIAL FOR IN VITRO CLINICAL OR LABORATORY TESTING; MANUFACTURE AND DISTRIBUTION.
4731.3395 SPECIFIC LICENSE; RADIOACTIVE DRUGS FOR MEDICAL USE; MANUFACTURE, PREPARATION, OR TRANSFER.
4731.3400 SPECIFIC LICENSE; SOURCES OR DEVICES FOR MEDICAL USE; MANUFACTURE AND DISTRIBUTION.
4731.3405 [Repealer, 40 SR 145]
4731.3410 [Repealed, 40 SR 145]
4731.3415 [Repealed, 40 SR 145]
4731.3420 [Repealed, 40 SR 145]
4731.3450 SERIALIZATION OF NATIONALLY TRACKED SOURCES.
4731.3500 SPECIFIC DOMESTIC LICENSES OF BROAD SCOPE FOR RADIOACTIVE MATERIAL.
4731.3520 SPECIFIC LICENSE OF BROAD SCOPE; APPLICATION.
4731.3530 TYPE A SPECIFIC LICENSE OF BROAD SCOPE.
4731.3540 TYPE B SPECIFIC LICENSE OF BROAD SCOPE.
4731.3550 TYPE C SPECIFIC LICENSE OF BROAD SCOPE.
4731.3560 APPLICATION FOR OTHER SPECIFIC LICENSES.
4731.3570 SPECIFIC LICENSES OF BROAD SCOPE; CONDITIONS.
4731.3580 LIMITS FOR BROAD SCOPE LICENSES.
INDUSTRIAL RADIOGRAPHY
4731.4000 LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS.
4731.4010 SPECIFIC LICENSE; APPLICATION.
4731.4020 SPECIFIC LICENSE; INDUSTRIAL RADIOGRAPHY.
4731.4030 PERFORMANCE REQUIREMENTS; INDUSTRIAL RADIOGRAPHY EQUIPMENT.
4731.4040 LIMITS ON EXTERNAL RADIATION LEVELS.
4731.4050 LOCKING OF RADIOGRAPHIC EXPOSURE DEVICES, STORAGE CONTAINERS, AND SOURCE CHANGERS.
4731.4060 RADIATION SURVEY INSTRUMENTS.
4731.4070 LEAK TESTING, REPLACEMENT, AND OTHER MODIFICATIONS OF SEALED SOURCES.
4731.4080 QUARTERLY INVENTORY.
4731.4090 EQUIPMENT INSPECTION AND MAINTENANCE.
4731.4100 PERMANENT RADIOGRAPHIC INSTALLATIONS; ENTRANCE CONTROLS.
4731.4110 LABELING; PACKAGING; SECURITY.
4731.4120 INDUSTRIAL RADIOGRAPHIC OPERATIONS.
4731.4130 RADIATION SAFETY OFFICER.
4731.4140 RADIOGRAPHER TRAINING.
4731.4150 OPERATING AND EMERGENCY PROCEDURES.
4731.4160 SUPERVISION OF RADIOGRAPHER'S ASSISTANTS.
4731.4170 PERSONNEL MONITORING.
4731.4180 RADIATION SURVEYS.
4731.4190 SURVEILLANCE.
4731.4200 POSTING.
4731.4210 RECORDS; SPECIFIC LICENSE FOR INDUSTRIAL RADIOGRAPHY.
4731.4220 RECORDS; RECEIPT AND TRANSFER OF SEALED SOURCES.
4731.4240 RECORDS; LEAK TESTING.
4731.4250 RECORDS; QUARTERLY INVENTORY.
4731.4260 UTILIZATION LOGS.
4731.4270 RECORDS; INSPECTION AND MAINTENANCE.
4731.4290 RECORDS; TRAINING AND CERTIFICATION.
4731.4310 RECORDS; PERSONNEL MONITORING.
4731.4330 LOCATION OF DOCUMENTS AND RECORDS.
4731.4350 NOTIFICATIONS.
4731.4360 RADIOGRAPHER CERTIFICATION.
MEDICAL USE OF RADIOACTIVE MATERIAL
4731.4400 APPLICABILITY FOR THE USE OF RADIOACTIVE MATERIALS IN THE HEALING ARTS.
4731.4401 PROTECTION OF HUMAN RESEARCH SUBJECTS.
4731.4402 IMPLEMENTATION.
4731.4403 SPECIFIC LICENSE; MEDICAL USE OF RADIOACTIVE MATERIALS.
4731.4404 OTHER MEDICAL USES.
4731.4405 RADIATION PROTECTION PROGRAM.
4731.4407 SUPERVISED INDIVIDUALS.
4731.4408 WRITTEN DIRECTIVES.
4731.4409 PROCEDURES FOR ADMINISTRATIONS REQUIRING WRITTEN DIRECTIVE.
4731.4410 SUPPLIERS OF MEDICAL USE SEALED SOURCES OR DEVICES.
4731.4411 RADIATION SAFETY OFFICER TRAINING.
4731.4412 AUTHORIZED MEDICAL PHYSICIST TRAINING.
4731.4413 AUTHORIZED NUCLEAR PHARMACIST TRAINING.
4731.4414 TRAINING; EXPERIENCED RADIATION SAFETY OFFICER, TELETHERAPY OR MEDICAL PHYSICIST, AUTHORIZED USER, AND NUCLEAR PHARMACIST.
4731.4415 RECENTNESS OF TRAINING.
4731.4420 MEASURING ACTIVITY OF UNSEALED RADIOACTIVE MATERIAL; INSTRUMENTS REQUIRED.
4731.4421 CALIBRATION OF SURVEY INSTRUMENTS.
4731.4422 DETERMINATION OF DOSAGES; UNSEALED RADIOACTIVE MATERIAL.
4731.4423 AUTHORIZATION FOR CALIBRATION, TRANSMISSION, AND REFERENCE USE.
4731.4424 POSSESSION OF SEALED SOURCES AND BRACHYTHERAPY SOURCES; REQUIREMENTS.
4731.4425 LABELING VIALS AND SYRINGES.
4731.4426 SURVEYS OF AMBIENT RADIATION EXPOSURE RATE.
4731.4427 RELEASE OF INDIVIDUALS CONTAINING UNSEALED RADIOACTIVE MATERIAL OR IMPLANTS.
4731.4428 MOBILE MEDICAL SERVICE.
4731.4429 DECAY-IN-STORAGE.
4731.4430 CONTROL OF AEROSOLS AND GASES.
4731.4432 UNSEALED RADIOACTIVE MATERIAL; UPTAKE, DILUTION, AND EXCRETION STUDIES; WRITTEN DIRECTIVE NOT REQUIRED.
4731.4433 UPTAKE, DILUTION, AND EXCRETION STUDIES; TRAINING.
4731.4434 UNSEALED RADIOACTIVE MATERIAL; IMAGING AND LOCALIZATION STUDIES; WRITTEN DIRECTIVE NOT REQUIRED.
4731.4435 PERMISSIBLE MOLYBDENUM-99, STRONTIUM-82, AND STRONTIUM-85 CONCENTRATION.
4731.4436 IMAGING AND LOCALIZATION STUDIES; TRAINING.
4731.4440 UNSEALED RADIOACTIVE MATERIAL; WRITTEN DIRECTIVE REQUIRED.
4731.4441 SAFETY INSTRUCTIONS.
4731.4442 SAFETY PRECAUTIONS.
4731.4443 UNSEALED RADIOACTIVE MATERIAL; WRITTEN DIRECTIVE REQUIRED; TRAINING.
4731.4444 ORAL ADMINISTRATION OF SODIUM IODIDE I-131; QUANTITIES LESS THAN OR EQUAL TO 33 MILLICURIES (1.22 GBq); WRITTEN DIRECTIVE REQUIRED; TRAINING.
4731.4445 ORAL ADMINISTRATION OF SODIUM IODIDE; QUANTITIES GREATER THAN 33 MILLICURIES (1.22 GBq); WRITTEN DIRECTIVE REQUIRED; TRAINING.
4731.4446 PARENTERAL ADMINISTRATION OF UNSEALED RADIOACTIVE MATERIAL; WRITTEN DIRECTIVE REQUIRED; TRAINING.
4731.4450 USE OF BRACHYTHERAPY SOURCES.
4731.4451 SURVEYS AFTER SOURCE IMPLANT AND REMOVAL.
4731.4452 BRACHYTHERAPY SOURCES ACCOUNTABILITY.
4731.4453 BRACHYTHERAPY; SAFETY INSTRUCTIONS.
4731.4454 BRACHYTHERAPY; SAFETY PRECAUTIONS.
4731.4455 BRACHYTHERAPY; CALIBRATION MEASUREMENTS.
4731.4456 DECAY OF STRONTIUM-90 SOURCES FOR OPHTHALMIC TREATMENTS.
4731.4457 THERAPY-RELATED COMPUTER SYSTEMS.
4731.4458 MANUAL BRACHYTHERAPY TRAINING.
4731.4459 OPHTHALMIC USE OF STRONTIUM-90; TRAINING.
4731.4460 USE OF SEALED SOURCES FOR DIAGNOSIS.
4731.4461 USE OF SEALED SOURCES FOR DIAGNOSIS; TRAINING.
4731.4463 USE OF A SEALED SOURCE; REMOTE AFTERLOADER UNIT, TELETHERAPY UNIT, OR GAMMA STEREOTACTIC RADIOSURGERY UNIT.
4731.4464 TREATMENT WITH REMOTE AFTERLOADER UNIT; SURVEYS.
4731.4465 INSTALLATION, MAINTENANCE, ADJUSTMENT, AND REPAIR REQUIREMENTS.
4731.4466 REMOTE AFTERLOADER UNITS, TELETHERAPY UNITS, AND GAMMA STEREOTACTIC RADIOSURGERY UNITS; SAFETY PROCEDURES AND INSTRUCTIONS.
4731.4467 REMOTE AFTERLOADER UNITS, TELETHERAPY UNITS, AND GAMMA STEREOTACTIC RADIOSURGERY UNITS; SAFETY PRECAUTIONS.
4731.4468 DOSIMETRY EQUIPMENT.
4731.4469 TELETHERAPY UNITS; FULL CALIBRATION.
4731.4470 REMOTE AFTERLOADER UNITS; FULL CALIBRATION.
4731.4471 GAMMA STEREOTACTIC RADIOSURGERY UNITS; FULL CALIBRATION.
4731.4472 TELETHERAPY UNITS; PERIODIC SPOT CHECKS.
4731.4473 REMOTE AFTERLOADER UNITS; PERIODIC SPOT CHECKS.
4731.4474 GAMMA STEREOTACTIC RADIOSURGERY UNITS; PERIODIC SPOT CHECKS.
4731.4475 MOBILE REMOTE AFTERLOADER UNITS; ADDITIONAL REQUIREMENTS.
4731.4476 RADIATION SURVEYS.
4731.4477 TELETHERAPY AND GAMMA STEREOTACTIC RADIOSURGERY UNITS; FIVE-YEAR INSPECTION.
4731.4478 TELETHERAPY AND GAMMA STEREOTACTIC COMPUTER SYSTEMS.
4731.4479 REMOTE AFTERLOADER UNITS, TELETHERAPY UNITS, AND GAMMA STEREOTACTIC RADIOSURGERY UNITS; TRAINING.
4731.4500 RADIATION PROTECTION PROGRAM RECORDS.
4731.4501 WRITTEN DIRECTIVE RECORDS.
4731.4502 INSTRUMENT CALIBRATION RECORDS.
4731.4503 DOSAGE RECORDS.
4731.4504 LEAK TEST AND INVENTORY RECORDS.
4731.4505 SURVEY RECORDS; AMBIENT RADIATION EXPOSURE.
4731.4506 RELEASE RECORDS; INDIVIDUALS CONTAINING RADIOACTIVE MATERIAL OR IMPLANTS.
4731.4507 MOBILE MEDICAL SERVICE RECORDS.
4731.4508 [Repealed, 33 SR 1440]
4731.4509 MOLYBDENUM-99, STRONTIUM-82, and STRONTIUM-85 CONCENTRATION RECORDS.
4731.4510 SAFETY INSTRUCTION RECORDS.
4731.4511 SURVEY RECORDS; SOURCE IMPLANT AND REMOVAL.
4731.4512 BRACHYTHERAPY SOURCE ACCOUNTABILITY RECORDS.
4731.4513 BRACHYTHERAPY SOURCE CALIBRATION RECORDS.
4731.4514 STRONTIUM-90 DECAY RECORDS.
4731.4515 INSTALLATION, MAINTENANCE, ADJUSTMENT, AND REPAIR RECORDS.
4731.4516 SAFETY PROCEDURES RECORDS.
4731.4517 DOSIMETRY EQUIPMENT RECORDS.
4731.4518 CALIBRATION RECORDS; TELETHERAPY, REMOTE AFTERLOADER, AND GAMMA STEREOTACTIC RADIOSURGERY UNITS.
4731.4519 SPOT CHECK RECORDS; TELETHERAPY UNITS.
4731.4520 SPOT CHECK RECORDS; REMOTE AFTERLOADER UNITS.
4731.4521 SPOT CHECK RECORDS; GAMMA STEREOTACTIC RADIOSURGERY UNITS.
4731.4522 OPERABILITY RECORDS; MOBILE REMOTE AFTERLOADER UNITS.
4731.4523 SURVEY RECORDS; THERAPEUTIC TREATMENT UNITS.
4731.4524 INSPECTION RECORDS; TELETHERAPY AND GAMMA STEREOTACTIC RADIOSURGERY UNITS.
4731.4525 MEDICAL EVENT; REPORT AND NOTIFICATION.
4731.4526 DOSE TO AN EMBRYO/FETUS OR CHILD; REPORT AND NOTIFICATION.
4731.4527 REPORT OF LEAKING SOURCE.
NUCLEAR MEDICINE TECHNOLOGY
4731.4600 DEFINITIONS.
4731.4605 MINIMUM STANDARDS FOR NUCLEAR MEDICINE TECHNOLOGISTS.
4731.4610 EXCEPTIONS.
4731.4612 TRAINING FOR INDIVIDUALS FUNCTIONING AS A NUCLEAR MEDICINE TECHNOLOGIST BEFORE JANUARY 1, 2011, WHO ARE NOT ACCREDITED.
4731.4615 DOCUMENTATION OF COMPETENCY.
4731.4620 REQUIREMENTS FOR OPERATORS OF FUSION IMAGING DEVICES.
IRRADIATORS
4731.6000 PURPOSE AND SCOPE.
4731.6010 SPECIFIC LICENSE; APPLICATION.
4731.6020 SPECIFIC LICENSE; APPROVAL.
4731.6030 START OF CONSTRUCTION.
4731.6040 APPLICATIONS FOR EXEMPTIONS.
4731.6050 PERFORMANCE CRITERIA; SEALED SOURCES.
4731.6060 ACCESS CONTROL.
4731.6070 SHIELDING.
4731.6080 FIRE PROTECTION.
4731.6090 RADIATION MONITORS.
4731.6100 CONTROL OF SOURCE MOVEMENT; PANORAMIC IRRADIATORS.
4731.6110 IRRADIATOR POOLS.
4731.6120 SOURCE RACK PROTECTION.
4731.6130 POWER FAILURES.
4731.6140 DESIGN REQUIREMENTS.
4731.6150 CONSTRUCTION MONITORING AND ACCEPTANCE TESTING.
4731.6160 TRAINING.
4731.6170 OPERATING AND EMERGENCY PROCEDURES.
4731.6180 PERSONNEL MONITORING.
4731.6190 RADIATION SURVEYS.
4731.6200 DETECTION OF LEAKING SOURCES.
4731.6210 INSPECTION AND MAINTENANCE.
4731.6220 POOL WATER PURITY.
4731.6230 ATTENDANCE DURING OPERATION.
4731.6240 ENTERING AND LEAVING THE RADIATION ROOM.
4731.6250 IRRADIATION OF EXPLOSIVE OR FLAMMABLE MATERIALS.
4731.6260 RECORDS AND RETENTION PERIODS.
4731.6270 REPORTS.
WELL LOGGING
4731.7000 LICENSES AND RADIATION SAFETY REQUIREMENTS FOR WELL LOGGING.
4731.7010 APPLICATION.
4731.7020 SPECIFIC LICENSE; WELL LOGGING.
4731.7030 AGREEMENT WITH WELL OWNER OR OPERATOR.
4731.7040 REQUEST FOR WRITTEN STATEMENTS.
4731.7050 LABELS, SECURITY, AND TRANSPORTATION PRECAUTIONS.
4731.7060 RADIATION DETECTION INSTRUMENTS.
4731.7070 LEAK TESTING; SEALED SOURCES.
4731.7080 PHYSICAL INVENTORY.
4731.7090 RECORDS OF MATERIAL USE.
4731.7100 DESIGN AND PERFORMANCE CRITERIA FOR SOURCES.
4731.7110 INSPECTION AND MAINTENANCE; OPENING SOURCE OR SOURCE HOLDER.
4731.7120 SUBSURFACE TRACER STUDIES.
4731.7130 RADIOACTIVE MARKERS.
4731.7140 URANIUM SINKER BARS.
4731.7150 USE WITHOUT A SURFACE CASING.
4731.7160 ENERGY COMPENSATION SOURCE.
4731.7170 TRITIUM NEUTRON GENERATOR TARGET SOURCE.
4731.7200 TRAINING.
4731.7210 OPERATING AND EMERGENCY PROCEDURES.
4731.7220 PERSONNEL MONITORING.
4731.7230 RADIATION SURVEYS.
4731.7240 RADIOACTIVE CONTAMINATION CONTROL.
4731.7250 SECURITY.
4731.7260 DOCUMENTS AND RECORDS; FIELD STATIONS.
4731.7270 DOCUMENTS AND RECORDS; TEMPORARY JOB SITES.
4731.7280 NOTIFICATION OF INCIDENTS AND LOST SOURCES; ABANDONMENT PROCEDURES.
PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIAL
4731.8000 PHYSICAL PROTECTION OF CATEGORY 1 OR CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIAL.
4731.8005 EXEMPTION FOR WASTE.
4731.8010 PERSONNEL ACCESS AUTHORIZATION REQUIREMENTS FOR CATEGORY 1 OR CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIAL.
4731.8015 ACCESS AUTHORIZATION PROGRAM REQUIREMENTS.
4731.8020 BACKGROUND INVESTIGATIONS.
4731.8025 REQUIREMENTS FOR CRIMINAL HISTORY RECORDS CHECKS OF INDIVIDUALS GRANTED UNESCORTED ACCESS TO CATEGORY 1 OR CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIAL.
4731.8030 RELIEF FROM FINGERPRINTING, IDENTIFICATION, AND CRIMINAL HISTORY RECORDS CHECKS AND OTHER ELEMENTS OF BACKGROUND INVESTIGATIONS.
4731.8035 PROTECTION OF INFORMATION.
4731.8040 ACCESS AUTHORIZATION PROGRAM REVIEW.
4731.8050 SECURITY PROGRAM.
4731.8055 GENERAL SECURITY PROGRAM REQUIREMENTS.
4731.8060 LOCAL LAW ENFORCEMENT AGENCY (LLEA) COORDINATION.
4731.8065 SECURITY ZONES.
4731.8070 MONITORING, DETECTION, AND ASSESSMENT.
4731.8075 MAINTENANCE AND TESTING.
4731.8080 REQUIREMENTS FOR MOBILE DEVICES.
4731.8085 SECURITY PROGRAM REVIEW.
4731.8090 REPORTING OF EVENTS.
4731.8100 ADDITIONAL REQUIREMENTS FOR TRANSFER OF CATEGORY 1 AND CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIAL.
4731.8105 APPLICABILITY OF PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIAL DURING TRANSIT.
4731.8110 PREPLANNING AND COORDINATION OF SHIPMENT OF CATEGORY 1 OR CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIAL.
4731.8115 ADVANCE NOTIFICATION OF SHIPMENT OF CATEGORY 1 QUANTITIES OF RADIOACTIVE MATERIAL.
4731.8120 PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIAL DURING SHIPMENT.
4731.8125 REPORTING OF EVENTS.
4731.8130 FORM OF RECORDS.
4731.8135 RECORD RETENTION.
4731.8140 CATEGORY 1 AND CATEGORY 2 RADIOACTIVE MATERIALS.

GENERAL PROVISIONS

4731.0100 DEFINITIONS.

Subpart 1.

Scope.

For purposes of this chapter, the terms in this part have the meanings given them.

Subp. 2.

A1.

"A1" means the maximum activity of special form radioactive material permitted in a Type A package. These values are either listed in part 4731.0422 or may be derived according to the procedure in part 4731.0423.

Subp. 3.

A2.

"A2" means the maximum activity of radioactive material, other than special form radioactive material, low specific activity material, and surface contaminated object material permitted in a Type A package. These values are either listed in part 4731.0422 or may be derived according to the procedure in part 4731.0423.

Subp. 4.

Absorbed dose.

"Absorbed dose" means the energy imparted by ionizing radiation per unit mass of irradiated material. The units of absorbed dose are the rad and the gray.

Subp. 4a.

Accelerator-produced radioactive material.

"Accelerator-produced radioactive material" means any material made radioactive by a particle accelerator.

Subp. 4b.

Access control.

"Access control" means a system for allowing only approved individuals to have unescorted access to the security zone and for ensuring that all other individuals are subject to escorted access.

Subp. 5.

Active maintenance.

"Active maintenance" means any significant remedial activity needed during the period of institutional control to maintain a reasonable assurance that the performance objectives in Code of Federal Regulations, title 10, sections 61.41 and 61.42, are met. Active maintenance includes ongoing activities, such as the pumping and treatment of water from a disposal unit, or one time measures, such as replacement of a disposal unit cover. Active maintenance does not include custodial activities such as repair of fencing, repair or replacement of monitoring equipment, revegetation, minor additions to soil cover, minor repair of disposal unit covers, and general disposal site upkeep, such as mowing grass.

Subp. 6.

Activity.

"Activity" is the rate of disintegration (transformation) or decay of radioactive material. The units of activity are the curie and becquerel.

Subp. 7.

Acute.

"Acute" is a single radiation dose or chemical exposure event or multiple radiation doses or chemical exposure events occurring within a short time, 24 hours or less.

Subp. 8.

Address of use.

"Address of use" means the building or buildings that are identified on a license and where radioactive material may be received, prepared, used, or stored.

Subp. 9.

Adult.

"Adult" means an individual 18 or more years of age.

Subp. 9a.

Aggregated.

"Aggregated" means accessible by the breach of a single physical barrier that would allow access to radioactive material in any form, including any devices that contain the radioactive material, when the total activity equals or exceeds a category 2 quantity of radioactive material.

Subp. 10.

Agreement state.

"Agreement state" means a state with which the NRC or the federal Atomic Energy Commission has entered into an effective agreement under subsection 274b of the Atomic Energy Act of 1954, United States Code, title 42, section 2021, paragraph (b), as amended.

Subp. 11.

Air-purifying respirator.

"Air-purifying respirator" means a respirator with an air-purifying filter, cartridge, or canister that removes specific air contaminants by passing ambient air through the air-purifying element.

Subp. 12.

Airborne radioactive material.

"Airborne radioactive material" means radioactive material dispersed in the air in the form of dusts, fumes, particulates, mists, vapors, or gases.

Subp. 13.

Airborne radioactivity area.

"Airborne radioactivity area" means a room, enclosure, or area in which airborne radioactive materials, composed wholly or partly of licensed material, exist in concentrations:

A.

in excess of the derived air concentrations (DACs) specified in part 4731.2750; or

B.

to such a degree that an individual present in the area without respiratory protective equipment could exceed, during the hours an individual is present in a week, an intake of 0.6 percent of the annual limit on intake (ALI) or 12 DAC-hours.

Subp. 14.

Alert.

"Alert" means a situation in which events may occur, are in progress, or have occurred that could lead to a release of radioactive material, but the release is not expected to require a response by off-site response organizations to protect persons off site.

Subp. 15.

Annual limit on intake or ALI.

"Annual limit on intake" or "ALI" means the derived limit for the amount of radioactive material taken into the body of an adult worker by inhalation or ingestion in a year. ALI is the smaller value of intake of a given radionuclide in a year by the reference man that would result in a committed effective dose equivalent of five rems (0.05 Sv) or a committed dose equivalent of 50 rems (0.5 Sv) to any individual organ or tissue. ALI values for intake by ingestion and by inhalation of selected radionuclides are given in part 4731.2750.

Subp. 16.

Annual refresher safety training or safety review.

"Annual refresher safety training" or "safety review" means a review conducted or provided by the licensee for its employees on radiation safety aspects of industrial radiography or well logging using radioactive materials.

Subp. 16a.

Approved individual.

"Approved individual" means an individual whom the licensee has determined to be trustworthy and reliable for unescorted access in accordance with parts 4731.8010 to 4731.8040 and who has completed the training required by part 4731.8055, subpart 3.

Subp. 17.

Area of use.

"Area of use" means a portion of an address of use that has been set aside for the purpose of receiving, preparing, using, or storing radioactive material.

Subp. 18.

As low as reasonably achievable or ALARA.

"As low as reasonably achievable" or "ALARA" means making every reasonable effort to maintain exposures to radiation as far below the dose limits as is practical, consistent with the purpose for which the licensed or registered activity is undertaken, taking into account the state of technology, the economics of improvement in relation to benefits to the public health and safety, and other societal and socioeconomic considerations, and in relation to utilization of nuclear energy and licensed materials in the public interest.

Subp. 19.

Assigned protection factor or APF.

"Assigned protection factor" or "APF" means the expected workplace level of respiratory protection that would be provided by a properly functioning respirator or a class of respirators to properly fitted and trained users. Operationally, the inhaled concentration can be estimated by dividing the ambient airborne concentration by the APF.

Subp. 20.

Associated equipment.

"Associated equipment" means equipment, which is used in conjunction with a radiographic exposure device to make radiographic exposures, that drives, guides, or comes in contact with the sealed source when it is used as an exposure head, for example a guide tube, control tube, control cable, removable source stop, "J" tube, or collimator.

Subp. 21.

Atmosphere-supplying respirator.

"Atmosphere-supplying respirator" means a respirator that supplies the respirator user with breathing air from a source independent of the ambient atmosphere and includes supplied-air respirators and self-contained breathing apparatus units.

Subp. 22.

Authorized medical physicist.

"Authorized medical physicist" means an individual who:

A.

meets the requirements in parts 4731.4412 and 4731.4415; or

B.

is identified as an authorized medical physicist or teletherapy physicist on:

(1)

a specific medical use license issued by the NRC or an agreement state;

(2)

a medical use permit issued by an NRC master material licensee;

(3)

a permit issued by an NRC or agreement state broad scope medical use licensee; or

(4)

a permit issued by an NRC master material license broad scope medical use permittee.

Subp. 23.

Authorized nuclear pharmacist.

"Authorized nuclear pharmacist" means a pharmacist who:

A.

meets the requirements in parts 4731.4413 and 4731.4415;

B.

is identified as an authorized nuclear pharmacist on:

(1)

a specific license issued by the NRC or an agreement state that authorizes medical use or the practice of nuclear pharmacy;

(2)

a permit issued by an NRC master material licensee that authorizes medical use or the practice of nuclear pharmacy;

(3)

a permit issued by an NRC or agreement state broad scope medical use licensee that authorizes medical use or the practice of nuclear pharmacy; or

(4)

a permit issued by an NRC master material licensee broad scope medical use permitted that authorizes medical use or the practice of nuclear pharmacy;

C.

is identified as an authorized nuclear pharmacist by a commercial nuclear pharmacy that has been authorized to identify authorized nuclear pharmacists; or

D.

is designated as an authorized nuclear pharmacist according to part 4731.3395, subpart 2, item C.

Subp. 24.

Authorized user.

"Authorized user" means a licensed practitioner of the healing arts who:

A.

meets the requirements in part 4731.4415 and in parts 4731.4433, 4731.4436, 4731.4443 to 4731.4445, 4731.4458, 4731.4461, or 4731.4479; or

B.

is identified as an authorized user on:

(1)

an NRC or agreement state license that authorizes the medical use of radioactive material;

(2)

a permit issued by an NRC master material licensee that is authorized to permit the medical use of radioactive material;

(3)

a permit issued by an NRC or agreement state specific licensee of broad scope that is authorized to permit the medical use of radioactive material; or

(4)

a permit issued by an NRC master material license broad scope permittee that is authorized to permit the medical use of radioactive material.

Subp. 24a.

Background investigation.

"Background investigation" means the investigation conducted by a licensee or applicant to support the determination of trustworthiness and reliability.

Subp. 25.

Background radiation.

"Background radiation" means radiation from cosmic sources; naturally occurring radioactive material, including radon, except as a decay product of source or special nuclear material; and global fallout as it exists in the environment from the testing of nuclear explosive devices or from past nuclear accidents such as Chernobyl that are not under the control of the licensee. Background radiation does not include radiation from source, radioactive, or special nuclear materials regulated by the commissioner.

Subp. 26.

Becquerel or Bq.

One "becquerel" or "Bq" is equal to one disintegration per second. One curie is equal to 3.7 x 1010 becquerels. The conventional system equivalent is the curie.

Subp. 27.

Bioassay or radiobioassay.

"Bioassay" or "radiobioassay" means the determination of kinds, quantities, or concentrations, and, in some cases, the locations of radioactive material in the human body, whether by direct measurement (in vivo counting) or by analysis and evaluation of materials excreted or removed from the human body.

Subp. 28.

Boring.

"Boring" has the meaning given in Minnesota Statutes, section 103I.005, subdivision 2.

Subp. 29.

Brachytherapy.

"Brachytherapy" means a method of radiation therapy in which sources are used to deliver a radiation dose at a distance of up to a few centimeters by surface, intracavitary, intraluminal, or interstitial application.

Subp. 30.

Brachytherapy source.

"Brachytherapy source" means a radioactive sealed source or a manufacturer-assembled source train or a combination of these sources that is designed to deliver a therapeutic dose within a distance of a few centimeters.

Subp. 31.

Broad scope license.

"Broad scope license" is one kind of a specific license that permits the licensee to use radionuclides, in any chemical or physical form, as long as the amount does not exceed the quantity indicated in the broad scope license.

Subp. 32.

Byproduct material.

"Byproduct material" means:

A.

any radioactive material, except special nuclear material, yielded in, or made radioactive by, exposure to the radiation incident to the process of producing or using special nuclear material;

B.

the tailings or wastes produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material content, including discrete surface wastes resulting from uranium solution extraction processes. Underground ore bodies depleted by these solution extraction operations do not constitute byproduct material within this definition;

C.

any discrete source of radium-226 that is produced, extracted, or converted after extraction for commercial, medical, or research activity, or any material that:

(1)

has been made radioactive by use of a particle accelerator; and

(2)

is produced, extracted, or converted after extraction for commercial, medical, or research activity; and

D.

any discrete source of naturally occurring radioactive material, other than source material, that:

(1)

the United States Nuclear Regulatory Commission, in consultation with the Administrator of Environmental Protection Agency, the Secretary of Energy, the Secretary of Homeland Security, and the head of any other appropriate federal agency determines would pose a threat similar to the threat posed by a discrete source of radium-226 to the public health and safety or the common defense and security; and

(2)

is extracted or converted after extraction for use in a commercial, medical, or research activity.

Subp. 33.

Carrier.

"Carrier" means a person engaged in the transportation of passengers or property by land or water as a common, contract, or private carrier, or by civil aircraft.

Subp. 33a.

Category 1 quantity of radioactive material.

"Category 1 quantity of radioactive material" means a quantity of radioactive material meeting or exceeding the category 1 threshold under part 4731.8140, subpart 1. This is determined by calculating the ratio of the total activity of each radionuclide to the category 1 threshold for that radionuclide and adding the ratios together. If the sum is equal to or exceeds one, the quantity would be considered a category 1 quantity. Category 1 quantities of radioactive material do not include the radioactive material contained in any fuel assembly, subassembly, fuel rod, or fuel pellet.

Subp. 33b.

Category 2 quantity of radioactive material.

"Category 2 quantity of radioactive material" means a quantity of radioactive material meeting or exceeding the category 2 threshold but less than the category 1 threshold under part 4731.8140, subpart 1. This is determined by calculating the ratio of the total activity of each radionuclide to the category 2 threshold for that radionuclide and adding the ratios together. If the sum is equal to or exceeds one, the quantity would be considered a category 2 quantity. Category 2 quantities of radioactive material do not include the radioactive material contained in any fuel assembly, subassembly, fuel rod, or fuel pellet.

Subp. 33c.

Certificate holder.

"Certificate holder" means a person who has been issued a certificate of compliance or other package approval by the NRC.

Subp. 33d.

Certificate of compliance.

"Certificate of compliance" means the certificate issued by the NRC under Code of Federal Regulations, title 10, part 71, subpart D, which approves the design of a package for transportation of radioactive material.

Subp. 34.

Certifying entity or independent certifying organization.

"Certifying entity" or "independent certifying organization" means an independent certifying organization meeting the requirements in part 4731.4360 or an agreement state meeting the requirements in part 4731.4360, subparts 2 and 3, for certifying industrial radiographers.

Subp. 35.

Chelating agent.

"Chelating agent" means amine polycarboxylic acids, for example EDTA and DTPA; hydroxy-carboxylic acids; and polycarboxylic acids, for example citric acid, carbolic acid, and glucinic acid.

Subp. 36.

Class, inhalation class, or lung class.

"Class," "inhalation class," or "lung class" means a classification scheme for inhaled material according to its rate of clearance from the pulmonary region of the lung. Materials are classified as D, W, or Y, which applies to a range of clearance half-times of:

A.

less than ten days for class D (days);

B.

from ten to 100 days for class W (weeks); and

C.

greater than 100 days for class Y (years).

Subp. 37.

Client's address.

"Client's address" means the area of use or a temporary job site for the purpose of providing mobile medical service according to part 4731.4428.

Subp. 38.

Collective dose.

"Collective dose" is the sum of the individual doses received in a given period of time by a specified population from exposure to a specified source of radiation.

Subp. 39.

Collimator.

"Collimator" means a radiation shield that is placed on the end of the guide tube or directly onto a radiographic exposure device to restrict the size of the radiation beam when the sealed source is cranked into position to make a radiographic exposure.

Subp. 40.

Commencement of construction.

"Commencement of construction" means taking any action defined as construction or any other activity at the site of a facility subject to the regulations in this chapter that has a reasonable nexus to radiological health and safety.

Subp. 41.

Commissioner.

"Commissioner" means the commissioner of the Minnesota Department of Health.

Subp. 42.

Committed dose equivalent or HT,50.

"Committed dose equivalent" or "HT,50" means the dose equivalent to organs or tissues of reference (T) that will be received from an intake of radioactive material by an individual during the 50-year period following the intake.

Subp. 43.

Committed effective dose equivalent or HE,50.

"Committed effective dose equivalent" or "HE,50" is the sum of the products of the weighting factors (WT) applicable to each of the body organs or tissues that are irradiated and the committed dose equivalent to these organs or tissues (HE,50 = Σ WTHT,50).

Subp. 43a.

Consignment.

"Consignment" means each shipment of a package or groups of packages or load of radioactive material offered by a shipper for transport.

Subp. 43b.

Consortium.

"Consortium" means an association of medical use licensees and a PET radionuclide production facility in the same geographical area that jointly own or share in the operation and maintenance cost of the PET radionuclide production facility that produces PET radionuclides for use in producing radioactive drugs within the consortium for noncommercial distributions among its associated members for medical use. The PET radionuclide production facility within the consortium must be located at an educational institution or a federal facility or a medical facility.

Subp. 44.

Constraint or dose constraint.

"Constraint" or "dose constraint" means a value above which specified licensee or registrant actions are required.

Subp. 44a.

Construction.

"Construction" means the installation of foundations or in-place assembly, erection, fabrication, or testing for any structure, system, or component of a facility or activity subject to the regulations in this chapter that are related to radiological safety or security. Construction does not include:

A.

changes for temporary use of the land for public recreational purposes;

B.

site exploration, including necessary borings to determine foundation conditions or other preconstruction monitoring to establish background information related to the suitability of the site, the environmental impacts of construction or operation, or the protection of environmental values;

C.

preparation of the site for construction of the facility, including clearing of the site, grading, installation of drainage, erosion and other environmental mitigation measures, and construction of temporary roads and borrow areas;

D.

erection of fences and other access control measures that are not related to the safe use of, or security of, radiological materials subject to this part;

E.

excavation;

F.

erection of support buildings, such as construction equipment storage sheds, warehouse and shop facilities, utilities, concrete mixing plants, docking and unloading facilities, and office buildings for use in connection with the construction of the facility;

G.

building of service facilities, such as paved roads, parking lots, railroad spurs, exterior utility and lighting systems, potable water systems, sanitary sewerage treatment facilities, and transmission lines;

H.

procurement or fabrication of components or portions of the proposed facility occurring at other than the final, in-place location at the facility; or

I.

taking any other action that has no reasonable nexus to radiological health and safety.

Subp. 44b.

Containment system.

"Containment system" means the assembly of components of the packaging intended to retain the radioactive material during transport.

Subp. 45.

Contiguous sites.

"Contiguous sites" means licensee-controlled locations that are deemed by the commissioner to be in close enough proximity to each other so that the special nuclear material must be considered in the aggregate for the purpose of physical protection.

Subp. 46.

Control cable or drive cable.

"Control cable" or "drive cable" means the cable that is connected to the source assembly and used to drive the source to and from the exposure location.

Subp. 47.

Control drive mechanism.

"Control drive mechanism" means a device that enables the source assembly to be moved to and from the exposure device.

Subp. 48.

Control tube.

"Control tube" means a protective sheath for guiding the control cable. The control tube connects the control drive mechanism to the radiographic exposure device.

Subp. 49.

Controlled area.

"Controlled area" means an area outside of a restricted area but inside the site boundary, access to which can be limited by the licensee or registrant for any reason.

Subp. 49a.

Conveyance.

"Conveyance" means:

A.

for transport by public highway or rail, any transport vehicle or large freight container;

B.

for transport by water, any vessel or any hold, compartment, or defined deck area of a vessel, including any transport vehicle on board the vessel; and

C.

for transport by air, any aircraft.

Subp. 50.

Critical group.

"Critical group" means the group of individuals reasonably expected to receive the greatest exposure to residual radioactivity for any applicable set of circumstances.

Subp. 50a.

Criticality safety index or CSI.

"Criticality safety index" or "CSI" means the dimensionless number, rounded up to the next tenth, assigned to and placed on the label of a fissile material package, to designate the degree of control of accumulation of packages containing fissile material during transportation. Determination of the criticality safety index is described in parts 4731.0410 and 4731.0411 and Code of Federal Regulations, title 10, section 71.59.

Subp. 51.

Curie or Ci.

One "curie" or "Ci" is the quantity of radioactive material that decays at the rate of 3.7 x 1010 disintegrations per second (dps). The SI equivalent is the becquerel.

Subp. 51a.

Cyclotron.

"Cyclotron" means a particle accelerator in which the charged particles travel in an outward spiral or circular path. A cyclotron accelerates charged particles at energies usually in excess of ten MeV and is commonly used for production of short half-life radionuclides for medical use.

Subp. 52.

Declared pregnant woman.

"Declared pregnant woman" means a woman who has voluntarily informed the licensee or registrant, in writing, of her pregnancy and the estimated date of conception. The declaration remains in effect until the declared pregnant woman withdraws the declaration in writing or is no longer pregnant.

Subp. 53.

Decommission.

"Decommission" means to safely remove a facility or site from service and reduce residual radioactivity to a level that permits:

A.

release of the property for unrestricted use and termination of the license or registration; or

B.

release of the property under restricted conditions and termination of the license or registration.

Subp. 54.

Dedicated check source.

"Dedicated check source" means a radioactive source that is used to ensure the constant operation of a radiation detection or measurement device over several months or years.

Subp. 55.

Deep dose equivalent or Hd.

"Deep dose equivalent" or "Hd," which applies to external whole-body exposure, is the dose equivalent at a tissue depth of one centimeter (1,000 mg/cm2).

Subp. 56.

Demand respirator.

"Demand respirator" means an atmosphere-supplying respirator that admits breathing air to the facepiece only when a negative pressure is created inside the facepiece by inhalation.

Subp. 57.

Depleted uranium.

"Depleted uranium" means the source material uranium in which the isotope uranium-235 is less than 0.711 weight percent of the total uranium present. Depleted uranium does not include special nuclear material.

Subp. 58.

Derived air concentration or DAC.

"Derived air concentration" or "DAC" means the concentration of a given radionuclide in air which, if breathed by the reference man for a working year of 2,000 hours under conditions of light work (inhalation rate 1.2 cubic meters of air per hour), results in an intake of one ALI. DAC values are given in part 4731.2750, subpart 7, Table 1, column 3.

Subp. 59.

Derived air concentration-hour or DAC-hour.

"Derived air concentration-hour" or "DAC-hour" is the product of the concentration of radioactive material in air, expressed as a fraction or multiple of the derived air concentration for each radionuclide, and the time of exposure to that radionuclide, in hours. A licensee or registrant may take 2,000 DAC-hours to represent one ALI, equivalent to a committed effective dose equivalent of five rems (0.05 Sv).

Subp. 59a.

Deuterium.

"Deuterium" means, for purposes of parts 4731.0403, subpart 4, and 4731.0410, deuterium and any deuterium compounds, including heavy water, in which the ratio of deuterium atoms to hydrogen atoms exceeds 1:5000.

Subp. 60.

Disposable respirator.

"Disposable respirator" means a respirator for which maintenance is not intended and that is designed to be discarded after excessive breathing resistance, sorbent exhaustion, physical damage, or end-of-service-life renders it unsuitable for use. Examples of this type of respirator are a disposable half-mask respirator or a disposable escape-only self-contained breathing apparatus.

Subp. 60a.

Discrete source.

"Discrete source" means a radionuclide that has been processed so that its concentration within a material has been purposely increased for use for commercial, medical, or research activities.

Subp. 61.

Distinguishable from background.

"Distinguishable from background" means that the detectable concentration of a radionuclide is statistically different from the background concentration of that radionuclide in the vicinity of the site or, in the case of structures, in similar materials using adequate measurement technology, survey, and statistical techniques.

Subp. 62.

Distribution.

"Distribution" means the act of distributing or the condition of being distributed.

Subp. 63.

Distributor.

"Distributor" means one who distributes, markets, or sells merchandise that includes a radiation source or radiation-producing equipment, especially a wholesaler.

Subp. 63a.

Diversion.

"Diversion" means the unauthorized movement of radioactive material subject to this chapter to a location different from the material's authorized destination inside or outside of the site at which the material is used or stored.

Subp. 64.

Dose or radiation dose.

"Dose" or "radiation dose" means absorbed dose, dose equivalent, effective dose equivalent, committed dose equivalent, committed effective dose equivalent, or total effective dose equivalent.

Subp. 64a.

Dose commitment.

"Dose commitment" means the total radiation dose to a part of the body that will result from retention in the body of radioactive material. For purposes of estimating the dose commitment, it is assumed from the time of intake the period of exposure to retained material will not exceed 50 years.

Subp. 65.

Dose equivalent or HT.

"Dose equivalent" or "HT" means the product of the absorbed dose in tissue, quality factor, and all other necessary modifying factors at the location of interest. The units of dose equivalent are the rem and sievert.

Subp. 66.

Dose limits or limits.

"Dose limits" or "limits" means the permissible upper bounds of radiation doses.

Subp. 67.

DOT.

"DOT" means the United States Department of Transportation.

Subp. 68.

Doubly encapsulated sealed source.

"Doubly encapsulated sealed source" means a sealed source in which the radioactive material is sealed within a capsule and that capsule is sealed within another capsule.

Subp. 69.

Effective dose equivalent or HE.

"Effective dose equivalent" or "HE" means the sum of the products of the dose equivalent to the organ or tissue (HT) and the weighting factors (WT) applicable to each of the body organs or tissues that are irradiated. (HE = Σαµρ× WT HT).

Subp. 70.

Effective kilogram.

"Effective kilogram" means:

A.

for the source material uranium in which the uranium isotope uranium-235 is greater than 0.005 (0.5 weight percent) of the total uranium present, 10,000 kilograms; and

B.

for any other source material, 20,000 kilograms.

Subp. 71.

Electron-beam generator.

"Electron-beam generator" means a type of electron accelerator in which the electron beam is brought out into the atmosphere for irradiation purposes.

Subp. 72.

Embryo/fetus.

"Embryo/fetus" means the developing human organism from conception until the time of birth.

Subp. 73.

Energy compensation source or ECS.

"Energy compensation source" or "ECS" means a small sealed source, with an activity not exceeding 100 microcuries (3.7 MBq), used within a logging tool, or other tool components, to provide a reference standard to maintain the tool's calibration when in use.

Subp. 74.

Enriched uranium.

"Enriched uranium" means uranium containing more uranium-235 than the naturally occurring distribution of uranium isotopes.

Subp. 75.

Entrance or access point.

"Entrance" or "access point" means any location through which an individual could gain access to radiation areas or to radioactive materials. Entrance or access point includes entry or exit portals of sufficient size to permit human entry, irrespective of their intended use.

Subp. 75a.

Escorted access.

"Escorted access" means accompaniment while in a security zone by an approved individual who maintains continuous direct visual surveillance at all times over an individual who is not approved for unescorted access.

Subp. 76.

Exclusive use.

"Exclusive use" means the sole use by a single consignor of a conveyance for which all initial, intermediate, and final loading and unloading are carried out according to the direction of the consignor or consignee. The consignor and the carrier must ensure that any loading or unloading is performed by personnel having radiological training and resources appropriate for safe handling of the consignment. The consignor must issue specific instructions, in writing, for maintenance of exclusive use shipment controls and include them with the shipping paper information provided to the carrier by the consignor.

Subp. 77.

Exposure.

"Exposure" means being exposed to ionizing radiation or to radioactive material.

Subp. 78.

Exposure head or source stop.

"Exposure head" or "source stop" means a device that locates the gamma radiography sealed source in the selected working position.

Subp. 79.

Exposure rate.

"Exposure rate" means the exposure per unit of time, such as roentgen per minute, milliroentgen per hour, sievert per minute, or millisievert per hour.

Subp. 80.

External dose.

"External dose" means that portion of the dose equivalent received from radiation sources outside the body.

Subp. 81.

Extremity.

"Extremity" means hand, elbow, arm below the elbow, foot, knee, or leg below the knee.

Subp. 82.

Field station.

"Field station" means a facility where licensed or registered material may be stored or used and from which equipment is dispatched to a temporary job site.

Subp. 83.

Filtering facepiece or dust mask.

"Filtering facepiece" or "dust mask" means a negative pressure particulate respirator with a filter as an integral part of the facepiece or with the entire facepiece composed of the filtering medium, not equipped with elastomeric sealing surfaces and adjustable straps.

Subp. 83a.

Fingerprint orders.

"Fingerprint orders" means the orders issued by the NRC or the legally binding requirements issued by agreement states that require fingerprints and criminal history records checks for individuals with unescorted access to category 1 and category 2 quantities of radioactive material or safeguards information-modified handling.

Subp. 84.

Fissile material.

"Fissile material" means the radionuclides plutonium-239, plutonium-241, uranium-233, uranium-235, or any combination of these radionuclides. Fissile material means the fissile nuclides themselves, not material containing fissile nuclides. Unirradiated natural uranium and depleted uranium and natural uranium or depleted uranium, that has been irradiated in thermal reactors only, are not included in this definition. Certain exclusions from fissile material controls are provided in parts 4731.0400 to 4731.0455.

Subp. 85.

Fit factor.

"Fit factor" means a quantitative estimate of the fit of a particular respirator to a specific individual and typically estimates the ratio of the concentration of a substance in ambient air to its concentration inside the respirator when worn.

Subp. 86.

Fit test.

"Fit test" means the use of a protocol to qualitatively or quantitatively evaluate the fit of a respirator on an individual.

Subp. 87.

Freshwater aquifer.

"Freshwater aquifer" means a geologic formation that is capable of yielding fresh water to a well or spring.

Subp. 88.

General license.

"General license" means a license that is provided by rule, grants authority to a person for certain activities involving radioactive material, and is effective without the filing of an application with the commissioner or the issuance of a licensing document to a particular person. The commissioner may require registration by the particular general licensee.

Subp. 89.

Geologic repository.

"Geologic repository" means a system that is intended to be used for, or may be used for, the disposal of radioactive wastes in excavated geologic media. Geologic repository includes:

A.

the geologic repository operations area; and

B.

the portion of the geologic setting that provides isolation of the radioactive waste.

Subp. 90.

Government agency.

"Government agency" means an executive department, commission, independent establishment, or corporation wholly or partly owned by the United States or the state of Minnesota and which is an instrumentality of the United States or the state of Minnesota or a board, bureau, division, service, office, officer, authority, administration, or other establishment in the executive branch of federal government.

Subp. 90a.

Graphite.

"Graphite" means graphite with a boron equivalent content less than five parts per million and density greater than 1.5 grams per cubic centimeter.

Subp. 91.

Gray or Gy.

"Gray" or "Gy" is the SI unit of absorbed dose. One gray is equal to an absorbed dose of one joule/kilogram. One gray is also equal to 100 rads.

Subp. 92.

Guide tube or projection sheath.

"Guide tube" or "projection sheath" means a flexible or rigid tube, such as a "J" tube, for guiding the source assembly and the attached control cable from the exposure device to the exposure head. Guide tube or projection sheath includes the connections necessary for attachment to the exposure device and to the exposure head.

Subp. 93.

Hands-on experience.

"Hands-on experience" means experience in all of those areas considered to be directly involved in the industrial radiography process.

Subp. 94.

Hazardous waste.

"Hazardous waste" means those wastes designated as hazardous by the Environmental Protection Agency regulations in Code of Federal Regulations, title 40, part 261.

Subp. 95.

Helmet.

"Helmet" means a rigid respiratory inlet covering that also provides head protection against impact and penetration.

Subp. 96.

High dose-rate remote afterloader.

"High dose-rate remote afterloader" means a device that remotely delivers a dose rate in excess of 1,200 rads (12 Gy) per hour at the point or surface where the dose is prescribed.

Subp. 96a.

High integrity container or HIC.

"High integrity container" or "HIC" means a container commonly designed to meet the structural stability requirements of Code of Federal Regulations, title 10, section 61.56, and to meet the United States Department of Transportation requirements for a Type A package.

Subp. 97.

High radiation area.

"High radiation area" means an area, accessible to individuals, in which radiation levels from radiation sources external to the body could result in an individual receiving a dose equivalent in excess of 0.1 rem (1 mSv) in one hour at 30 centimeters from the radiation source or 30 centimeters from any surface that the radiation penetrates.

Subp. 98.

Hood.

"Hood" means a respiratory inlet covering that completely covers the head and neck and may also cover portions of the shoulders and torso.

Subp. 99.

Inadvertent intruder.

"Inadvertent intruder" means a person who might occupy a disposal site after closure and engage in normal activities, such as agriculture, dwelling construction, or other pursuits in which the person might be unknowingly exposed to radiation from the waste.

Subp. 100.

Incident.

"Incident" means an occurrence or event that interrupts normal procedure or precipitates a crisis.

Subp. 100a.

Indian tribe.

"Indian tribe" means an Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe pursuant to the Federally Recognized Indian Tribe List Act of 1994, United States Code, title 25, section 479a.

Subp. 101.

Individual.

"Individual" means a human being.

Subp. 102.

Individual monitoring.

"Individual monitoring" means:

A.

the assessment of dose equivalent by the use of devices designed to be worn by an individual;

B.

the assessment of committed effective dose equivalent by bioassay or by determination of the time-weighted air concentrations to which an individual has been exposed, such as derived air concentration-hours (DAC-hours); or

C.

the assessment of dose equivalent by the use of survey data.

Subp. 103.

Individual monitoring devices.

"Individual monitoring devices" means devices designed to be worn by a single individual for the assessment of dose equivalent such as film badges, thermoluminescence dosimeters, pocket ionization chambers, or personal air sampling devices.

Subp. 104.

Industrial radiographer or radiographer.

"Industrial radiographer" or "radiographer" means an individual who performs or who, in attendance at the site where radiation exposure devices, sealed source, or sources are being used, personally supervises industrial radiographic operations and who is responsible to the licensee or registrant for ensuring compliance with the requirements of this chapter and the conditions of the license or registration.

Subp. 105.

Industrial radiographer certification or radiographer certification.

"Industrial radiographer certification" or "radiographer certification" means written approval received from a certifying entity stating that an individual has satisfactorily met certain established radiation safety, testing, and experience criteria.

Subp. 106.

Industrial radiographer's assistant or radiographer's assistant.

"Industrial radiographer's assistant" or "radiographer's assistant" means an individual who, under the direct supervision of a radiographer, uses radiographic exposure devices, sealed sources, or related handling tools or radiation survey instruments in industrial radiography.

Subp. 107.

Industrial radiography or radiography.

"Industrial radiography" or "radiography" means an examination of the structure of materials by nondestructive methods, utilizing ionizing radiation to make radiographic images.

Subp. 108.

Injection tool.

"Injection tool" means a device used for controlled subsurface injection of radioactive tracer material.

Subp. 109.

Internal dose.

"Internal dose" means that portion of the dose equivalent received from radioactive material taken into the body.

Subp. 110.

Intruder barrier.

"Intruder barrier" means a sufficient depth of cover over radioactive waste that inhibits contact with the waste and helps to ensure that radiation exposure to an inadvertent intruder meets the performance objectives in this chapter or an engineered structure that provides equivalent protection to an inadvertent intruder.

Subp. 111.

Irradiation.

"Irradiation" means the exposure of matter to ionizing radiation.

Subp. 112.

Irradiator.

"Irradiator" means a facility that uses radioactive sealed sources for the irradiation of objects or materials and in which radiation dose rates exceeding 500 rads (5 Gy) per hour exist at one meter from the sealed radioactive sources in air or water, as applicable for the irradiator type. Irradiator does not include facilities in which both the sealed source and the area subject to irradiation are contained within a device and are not accessible to personnel.

Subp. 113.

Irradiator operator.

"Irradiator operator" means an individual who has successfully completed the training and testing described in part 4731.6160 and is authorized by the terms of the license to operate the irradiator without a supervisor present.

Subp. 114.

Irretrievable well logging source.

"Irretrievable well logging source" means any sealed source containing licensed material that is pulled off or not connected to the wireline that suspends the source in the well and for which all reasonable effort at recovery has been expended.

Subp. 115.

Land disposal facility.

"Land disposal facility" means the land, buildings and structures, and equipment that are intended to be used for the disposal of radioactive wastes. A geologic repository is not a land disposal facility.

Subp. 116.

Lay-barge radiography.

"Lay-barge radiography" means industrial radiography performed on any water vessel used for laying pipe.

Subp. 117.

Lens dose equivalent or eye dose equivalent.

"Lens dose equivalent" or "eye dose equivalent" applies to the external exposure of the lens of the eye and is taken as the dose equivalent at a tissue depth of 0.3 centimeter (300 mg/cm2).

Subp. 118.

License.

"License" means a license issued under this chapter.

Subp. 118a.

License issuing authority.

"License issuing authority" means the commissioner, the NRC, or the appropriate agency of an agreement state that issued the license.

Subp. 119.

Licensee.

"Licensee" means a person issued a license under this chapter.

Subp. 120.

Licensed material.

"Licensed material" means source material, special nuclear material, or radioactive material received, possessed, used, transferred, or disposed of under a general or specific license issued by the commissioner.

Subp. 121.

Licensed practitioner of the healing arts.

"Licensed practitioner of the healing arts" means a health professional for diagnostic or healing treatment of human and animal maladies who is licensed under Minnesota Statutes, chapter 147, 153, or 156, Minnesota Statutes, section 148.01 or 150A.05, subdivision 1, clause (4), or Minnesota Statutes 1961, sections 148.11 to 148.16, for the lawful practice of medicine, podiatry, veterinary medicine, chiropractic, dentistry, or osteopathic medicine, respectively.

Subp. 121a.

Licensing state.

"Licensing state" means any state that has been finally designated as a licensing state by the Conference of Radiation Control Program Directors, Inc., which reviews state regulations to establish equivalency with the suggested state regulations and ascertains whether a state has an effective program for control of natural occurring or accelerator produced radioactive material (NARM). The conference will designate as licensing states those states with regulations for control of radiation relating to, and an effective program for, the regulatory control of NARM.

Subp. 121b.

Local law enforcement agency or LLEA.

"Local law enforcement agency" or "LLEA" means a public or private organization that has been approved by a federal, state, or local government to carry firearms and make arrests, and is authorized and has the capability to provide an armed response in the jurisdiction where the licensed category 1 or category 2 quantity of radioactive material is used, stored, or transported.

Subp. 122.

Logging assistant.

"Logging assistant" means an individual who, under the personal supervision of a logging supervisor, handles sealed sources or tracers that are not in logging tools or shipping containers or who performs surveys required under part 4731.7230.

Subp. 123.

Logging supervisor.

"Logging supervisor" means an individual who uses licensed material or provides personal supervision in the use of licensed material at a temporary job site and who is responsible to the licensee for ensuring compliance with this chapter and the conditions of the license.

Subp. 124.

Logging tool.

"Logging tool" means a device used subsurface to perform well logging.

Subp. 125.

Loose-fitting facepiece.

"Loose-fitting facepiece" means a respiratory inlet covering that is designed to form a partial seal with the face.

Subp. 126.

Lost or missing licensed material.

"Lost or missing licensed material" means licensed material, the location of which is unknown. Lost or missing licensed material includes material that has been shipped but has not reached its destination and for which the location cannot be readily traced in the transportation system.

Subp. 127.

Lot tolerance percent defective.

"Lot tolerance percent defective" means, expressed in percent defective, the poorest quality in an individual inspection lot that should be accepted.

Subp. 128.

Low dose-rate remote afterloader.

"Low dose-rate remote afterloader" means a brachytherapy device that remotely delivers a dose rate of less than or equal to 200 rads (2 Gy) per hour at the point or surface where the dose is prescribed.

Subp. 129.

Low specific activity material or LSA.

"Low specific activity material" or "LSA" means radioactive material with limited specific activity which is nonfissile or is excepted under part 4731.0403, subpart 3, and that satisfies the descriptions and limits in subpart 130, 131, or 132. Shielding materials surrounding the LSA material may not be considered in determining the estimated average specific activity of the package contents. LSA material must be in group I, group II, or group III.

Subp. 130.

Low specific activity material group I.

"Low specific activity material group I" means:

A.

uranium and thorium ores, concentrates of uranium and thorium ores, and other ores containing naturally occurring radioactive radionuclides which are not intended to be processed for the use of these radionuclides;

B.

solid unirradiated natural uranium or depleted uranium or natural thorium or their solid or liquid compounds or mixtures;

C.

radioactive material for which the A2 value is unlimited; or

D.

other radioactive material in which the activity is distributed throughout and the estimated average specific activity does not exceed 30 times the value for exempt material activity concentration determined according to part 4731.0423.

Subp. 131.

Low specific activity material group II.

"Low specific activity material group II" means:

A.

water with tritium concentration up to 20.0 Ci/liter (0.8 TBq/liter); or

B.

other material in which the activity is distributed throughout and the average specific activity does not exceed 10-4 A2/g for solids and gases or 10-5 A2/g for liquids.

Subp. 132.

Low specific activity material group III.

"Low specific activity material group III" means solids, such as consolidated wastes and activated materials, excluding powders, that satisfy the requirements in Code of Federal Regulations, title 10, section 71.77, in which:

A.

the radioactive material is distributed throughout a solid or a collection of solid objects or is essentially uniformly distributed in a solid compact binding agent such as concrete, bitumen, or ceramic;

B.

the radioactive material is relatively insoluble or it is intrinsically contained in a relatively insoluble material, so that even under loss of packaging, the loss of radioactive material per package by leaching, when placed in water for seven days, would not exceed 0.1 A2; and

C.

the estimated average specific activity of the solid does not exceed 2 x 10-3 A2/g.

Subp. 133.

Low toxicity alpha emitters.

"Low toxicity alpha emitters" means:

A.

natural uranium, depleted uranium, natural thorium;

B.

uranium-235, uranium-238, thorium-232, thorium-228, or thorium-230 when contained in ores or physical or chemical concentrates or tailings; or

C.

alpha emitters with a half-life of less than ten days.

Subp. 134.

Management.

"Management" means the chief executive officer or other individual having the authority to manage, direct, or administer a licensee's activities or the delegate of a chief executive officer or other individual having the authority to manage, direct, or administer a licensee's activities.

Subp. 135.

Manual brachytherapy.

"Manual brachytherapy" means a type of brachytherapy in which the brachytherapy sources are manually placed topically on or inserted either into the body cavities that are in close proximity to a treatment site or directly into the tissue volume.

Subp. 136.

Maximum normal operating pressure.

"Maximum normal operating pressure" means the maximum gauge pressure that would develop in a containment system in a period of one year under the heat condition specified in Code of Federal Regulations, title 10, section 71.71, paragraph (c), clause (1), in the absence of venting, external cooling by an ancillary system, or operational controls during transport.

Subp. 137.

Medical event.

"Medical event" means an event that requires a report under part 4731.4525.

Subp. 138.

Medical institution.

"Medical institution" means an organization in which more than one medical discipline is practiced.

Subp. 139.

Medical use.

"Medical use" means the intentional internal or external administration of radioactive material or the radiation from radioactive material to patients or human research subjects under the supervision of an authorized user.

Subp. 140.

Medium dose-rate remote afterloader.

"Medium dose-rate remote afterloader" means a brachytherapy device that remotely delivers a dose rate of greater than 200 rads (2 Gy), but less than or equal to 1,200 rads (12 Gy) per hour at the point or surface where the dose is prescribed.

Subp. 141.

Member of the public.

"Member of the public" means an individual other than an individual receiving an occupational dose.

Subp. 142.

Microcurie or µCi.

"Microcurie" or "µCi" means the amount of radioactive material that disintegrates at the rate of 37,000 atoms per second.

Subp. 143.

Millicurie or mCi.

"Millicurie" or "mCi" means the amount of radioactive material that disintegrates at the rate of 37,000,000 atoms per second.

Subp. 144.

Minor.

"Minor" means an individual less than 18 years of age.

Subp. 144a.

Mobile device.

"Mobile device" means a piece of equipment containing licensed radioactive material that is either mounted on wheels or casters, or otherwise equipped for moving without a need for disassembly or dismounting; or designed to be hand carried. A mobile device does not include stationary equipment installed in a fixed location.

Subp. 145.

Mobile medical service.

"Mobile medical service" means the transportation of radioactive materials and its medical use by the same licensee or registrant at a client's address.

Subp. 146.

Monitoring.

"Monitoring" means:

A.

the measurement of radiation levels, concentrations, surface area concentrations, or quantities of radioactive material; and

B.

the use of the results of the measurements to evaluate potential exposures and doses.

Subp. 146a.

Movement control center.

"Movement control center" means an operations center that is remote from transport activity and that maintains position information on the movement of radioactive material, receives reports of attempted attacks or thefts, provides a means for reporting these and other problems to appropriate agencies, and can request and coordinate appropriate aid.

Subp. 147.

National Voluntary Laboratory Accreditation Program or NVLAP.

"National Voluntary Laboratory Accreditation Program" or "NVLAP" is the laboratory accreditation program of the National Institute of Standards and Technology.

Subp. 147a.

Nationally tracked source.

"Nationally tracked source" means a sealed source containing a quantity equal to or greater than Category 1 or Category 2 levels of any radioactive material listed in part 4731.2820. In this context, a sealed source is defined as radioactive material that is sealed in a capsule or closely bonded, in a solid form, and which is not exempt from regulatory control. It does not mean material encapsulated solely for disposal, or nuclear material contained in any fuel assembly, subassembly, fuel rod, or fuel pellet. Category 1 nationally tracked sources are those containing radioactive material at a quantity equal to or greater than the Category 1 threshold. Category 2 nationally tracked sources are those containing radioactive material at a quantity equal to or greater than the Category 2 threshold but less than the Category 1 threshold.

Subp. 148.

Natural thorium.

"Natural thorium" means thorium with the naturally occurring distribution of thorium isotopes, essentially 100 weight percent thorium-232.

Subp. 149.

Natural uranium.

"Natural uranium" means uranium with the naturally occurring distribution of uranium isotopes, approximately 0.711 weight percent uranium-235, and the remainder by weight essentially uranium-238.

Subp. 150.

Naturally occurring or accelerator-produced radioactive material or NARM.

"Naturally occurring or accelerator-produced radioactive material" or "NARM" does not include by-product, source, or special nuclear material.

Subp. 151.

Negative pressure respirator (tight fitting).

"Negative pressure respirator (tight fitting)" means a respirator in which the air pressure inside the facepiece is negative during inhalation with respect to the ambient air pressure outside the respirator.

Subp. 152.

Neutron generator.

"Neutron generator" means a type of accelerator in which the ion beam is used mainly for the production of neutrons. Neutron generation is also possible for high energy photon-producing equipment.

Subp. 152a.

No-later-than arrival time.

"No-later-than arrival time" means the date and time that the shipping licensee and receiving licensee have established as the time at which an investigation will be initiated if the shipment has not arrived at the receiving facility. The no-later-than arrival time may not be more than six hours after the estimated arrival time for shipments of category 2 quantities of radioactive material.

Subp. 153.

Nonstochastic effect or deterministic effect.

"Nonstochastic effect" or "deterministic effect" means a health effect, the severity of which varies with the dose and for which a threshold is believed to exist. Radiation-induced cataract formation is an example of a nonstochastic effect.

Subp. 154.

Normal form radioactive material.

"Normal form radioactive material" means radioactive material that has not been demonstrated to qualify as special form radioactive material.

Subp. 154a.

NRC.

"NRC" means the United States Nuclear Regulatory Commission.

Subp. 155.

Occupational dose.

"Occupational dose" means the dose received by an individual in the course of employment in which the individual's assigned duties involve exposure to radiation or to radioactive material from registered, licensed, or unlicensed sources of radiation, whether in the possession of a licensee, registrant, or other person. Occupational dose does not include doses received:

A.

from background radiation;

B.

from any medical administration the individual has received;

C.

from exposure to individuals administered radioactive materials and released according to part 4731.4427;

D.

from voluntary participation in medical research programs; or

E.

as a member of the public.

Subp. 156.

Offshore platform radiography.

"Offshore platform radiography" means industrial radiography conducted from a platform over a body of water.

Subp. 157.

Offshore waters.

"Offshore waters" means that area of land and water on or above the United States outer continental shelf and beyond the jurisdiction of an agreement state according to the Submerged Lands Act, United States Code, title 43, sections 1301 to 1314.

Subp. 158.

Output.

"Output" means the exposure rate, dose rate, or a quantity related in a known manner to these rates from a brachytherapy source, teletherapy remote afterloader, or gamma stereotactic radiosurgery unit for a specified set of exposure conditions.

Subp. 159.

Package.

"Package" means the packaging together with its radioactive contents as presented for transport.

A.

"Fissile material package" or "Type AF package, Type BF package, Type B(U)F package, or Type B(M)F package" means a fissile material packaging together with its fissile material contents.

B.

"Type A package" means a Type A packaging together with its radioactive contents. A Type A package is defined and must comply with DOT regulations in Code of Federal Regulations, title 49, part 173.

C.

"Type B package" means a Type B packaging together with its radioactive contents. On approval, a Type B package design is designated by the NRC as B(U) unless the package has a maximum normal operating pressure of more than 100 lb/in2 (700 kPascal) gauge or a pressure relief device that would allow the release of radioactive material to the environment under the tests specified in Code of Federal Regulations, title 10, section 71.73, for hypothetical accident conditions, in which case it will receive a designation B(M). B(U) refers to the need for unilateral approval of international shipments. B(M) refers to the need for multilateral approval of international shipments. There is no distinction made in how packages with these designations may be used in domestic transportation. To determine their distinction for international transportation, see DOT regulations in Code of Federal Regulations, title 49, part 173. A Type B package approved before September 6, 1983, was designated only as Type B. Limitations on its use are specified in Code of Federal Regulations, title 10, section 71.19.

Subp. 160.

Packaging.

"Packaging" means the assembly of components necessary to ensure compliance with the packaging requirements in this chapter. Packaging may consist of one or more receptacles, absorbent materials, spacing structures, thermal insulation, radiation shielding, and devices for cooling or absorbing mechanical shocks. The vehicle, tie-down system, and auxiliary equipment may be designated as part of the packaging.

Subp. 161.

Panoramic dry-source-storage irradiator.

"Panoramic dry-source-storage irradiator" means an irradiator in which the irradiations occur in air in areas potentially accessible to personnel and in which the sources are stored in shields made of solid material. Panoramic dry-source-storage irradiator includes beam-type dry-source-storage irradiators in which only a narrow beam of radiation is produced for performing irradiations.

Subp. 162.

Panoramic irradiator.

"Panoramic irradiator" means an irradiator in which the irradiations occur in air in areas potentially accessible to personnel. Panoramic irradiator includes beam-type irradiators.

Subp. 163.

Panoramic wet-source-storage irradiator.

"Panoramic wet-source-storage irradiator" means an irradiator in which the irradiations occur in air in areas potentially accessible to personnel and in which the sources are stored under water in a storage pool.

Subp. 163a.

Particle accelerator.

"Particle accelerator" means any machine capable of accelerating electrons, protons, deuterons, or other charged particles in a vacuum and of discharging the resultant particulate or other radiation into a medium at energies usually in excess of one megaelectron volt (MeV). For purposes of this definition, "accelerator" is an equivalent term.

Subp. 164.

Patient intervention.

"Patient intervention" means actions by the patient or human research subject, whether intentional or unintentional, such as dislodging or removing treatment devices or prematurely terminating the administration.

Subp. 165.

Permanent radiographic installation.

"Permanent radiographic installation" means a shielded, enclosed room, cell, vault, or structure that is not moved, is not located at a temporary job site, and is designed or intended for radiography where radiography is regularly performed.

Subp. 166.

Person.

"Person" means an individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, state or political subdivision of a state, or a legal successor, representative, agent, or agency of the foregoing. Person does not include federal government agencies.

Subp. 167.

Personal supervision.

"Personal supervision" means guidance and instruction by an industrial radiographer or logging supervisor who:

A.

is physically present at a temporary job site;

B.

is in personal contact with an industrial radiographer's assistant or logging assistant; and

C.

can give immediate assistance.

Subp. 168.

Pharmacist.

"Pharmacist" means an individual licensed by a state or territory of the United States, the District of Columbia, or the Commonwealth of Puerto Rico to practice pharmacy.

Subp. 169.

Planned special exposure.

"Planned special exposure" means an infrequent exposure to radiation, separate from and in addition to the annual dose limits.

Subp. 170.

Pool irradiator.

"Pool irradiator" means an irradiator at which the sources are stored or used in a pool of water, including panoramic wet-source-storage irradiators and underwater irradiators.

Subp. 171.

Positive pressure respirator.

"Positive pressure respirator" means a respirator in which the pressure inside the respiratory inlet covering exceeds the ambient air pressure outside the respirator.

Subp. 171a.

Positron emission tomography (PET) radionuclide production facility.

"Positron emission tomography (PET) radionuclide production facility" is defined as a facility operating a cyclotron or accelerator for the purpose of producing PET radionuclides.

Subp. 172.

Powered air-purifying respirator.

"Powered air-purifying respirator" means an air-purifying respirator that uses a blower to force the ambient air through air-purifying elements to the inlet covering.

Subp. 173.

Practical examination.

"Practical examination" means a demonstration through practical application of the safety rules and principles in industrial radiography, including use of all appropriate equipment and procedures.

Subp. 174.

Preceptor.

"Preceptor" means an individual who provides, directs, or verifies the training and experience required for an individual to become an authorized user, an authorized medical physicist, an authorized nuclear pharmacist, or a radiation safety officer.

Subp. 175.

Prescribed dosage.

"Prescribed dosage" means the specified activity or range of activity of unsealed radioactive material as documented:

A.

in a written directive; or

B.

according to the directions of the authorized user for procedures performed according to parts 4731.4432 and 4731.4434.

Subp. 176.

Prescribed dose.

"Prescribed dose" means:

A.

for gamma stereotactic radiosurgery, the total dose as documented in a written directive;

B.

for teletherapy, the total dose and dose per fraction as documented in a written directive;

C.

for manual brachytherapy, either the total source strength and exposure time or the total dose, as documented in a written directive; and

D.

for remote brachytherapy afterloaders, the total dose and dose per fraction as documented in a written directive.

Subp. 177.

Pressure demand respirator.

"Pressure demand respirator" means a positive pressure atmosphere-supplying respirator that admits breathing air to the facepiece when the positive pressure is reduced inside the facepiece by inhalation.

Subp. 178.

Principal activities.

"Principal activities" means activities authorized by the license that are essential to achieving the purpose for which the license was issued or amended. Principal activities does not include storage during which no licensed material is accessed for use or disposal or activities incidental to decontamination or decommissioning.

Subp. 179.

Product conveyor system.

"Product conveyor system" means a system for moving the product to be irradiated to, from, and within the area where irradiation takes place. Product conveyor system does not include a hand fed system.

Subp. 180.

Public dose.

"Public dose" means the dose received by a member of the public from exposure to radiation or radioactive material released by a licensee or registrant or to any other source of radiation under the control of a licensee or registrant. Public dose does not include occupational dose or doses received from background radiation, from any medical administration the individual has received, from exposure to individuals administered radioactive material and released according to part 4731.4427, or from voluntary participation in medical research programs.

Subp. 181.

Pulsed dose-rate remote afterloader.

"Pulsed dose-rate remote afterloader" means a special type of remote afterloading brachytherapy device that uses a single source capable of delivering dose rates in the high dose-rate range, but:

A.

is approximately one-tenth of the activity of typical high dose-rate remote afterloader sources; and

B.

is used to simulate the radiobiology of a low dose-rate treatment by inserting the source for a given fraction of each hour.

Subp. 182.

Qualitative fit test.

"Qualitative fit test" means a pass or fail fit test to assess the adequacy of respirator fit that relies on the individual's response to the test agent.

Subp. 183.

Quality factor.

A.

"Quality factor" means the modifying factor that is used to derive dose equivalent from absorbed dose, as follows:

Type of radiation Quality factor (Q) Absorbed dose equal to a unit dose equivalenta
X-, gamma, or beta radiation 1 1
Alpha particles, multiple-charged particles, fission fragments, and heavy particles of unknown charge 20 0.05
Neutrons of unknown energy 10 0.1
High-energy protons 10 0.1

aAbsorbed dose in rad equal to one rem or the absorbed dose in gray equal to one sievert.

B.

If it is more convenient to measure the neutron fluence rate than to determine the neutron dose equivalent rate in rems per hour or sieverts per hour, one rem (0.01 Sv) of neutron radiation of unknown energies may, for purposes of this subpart, be assumed to result from a total fluence of 25 million neutrons per square centimeter incident upon the body. If sufficient information exists to estimate the approximate energy distribution of the neutrons, a licensee may use the fluence rate per unit dose equivalent or the appropriate Q value as follows to convert a measured tissue dose in rads to dose equivalent in rems.

Neutron energy (MeV) Quality factora (Q) Fluence per unit dose equivalentb (neutrons cm-2 rem-1)
2.5 x 10-8 2 980 x 106
1 x 10-7 2 980 x 106
1 x 10-6 2 810 x 106
1 x 10-5 2 810 x 106
1 x 10-4 2 840 x 106
1 x 10-3 2 980 x 106
1 x 10-2 2.5 1010 x 106
1 x 10-1 7.5 170 x 106
5 x 10-1 11 39 x 106
1 11 27 x 106
2.5 9 29 x 106
5 8 23 x 106
7 7 24 x 106
10 6.5 24 x 106
14 7.5 17 x 106
20 8 16 x 106
40 7 14 x 106
60 5.5 16 x 106
1 x 102 4 20 x 106
2 x 102 3.5 19 x 106
3 x 102 3.5 16 x 106
4 x 102 3.5 14 x 106

aValue of quality factor (Q) at the point where the dose equivalent is maximum in a 30-cm diameter cylinder tissue-equivalent phantom.

bMonoenergetic neutrons incident normally on a 30-cm diameter cylinder tissue-equivalent phantom.

Subp. 184.

Quantitative fit test.

"Quantitative fit test" means an assessment of the adequacy of respirator fit by numerically measuring the amount of leakage into the respirator.

Subp. 185.

Quarter.

"Quarter" means a period of time equal to one-fourth of the year observed by the licensee or registrant, approximately 13 consecutive weeks, provided that the first quarter in a year coincides with the starting date of the year and that no day is omitted or duplicated in consecutive quarters.

Subp. 186.

Rad.

"Rad" is the special unit of absorbed dose. One rad is equal to an absorbed dose of 100 ergs/gram or 0.01 joule/kilogram (0.01 Gy).

Subp. 187.

Radiation.

"Radiation" means the emission and propagation of waves or alpha particles, beta particles, gamma rays, x-rays, neutrons, high-speed electrons, high-speed protons, and other particles capable of producing ions. Radiation does not include nonionizing radiation such as radio or microwaves or visible, infrared, or ultraviolet light.

Subp. 188.

Radiation area.

"Radiation area" means an area accessible to individuals in which radiation levels could result in an individual receiving a dose equivalent in excess of 0.005 rem (0.05 mSv) in one hour at 30 centimeters from the radiation source or from any surface that the radiation penetrates.

Subp. 189.

Radiation detector or detector.

"Radiation detector" or "detector" means a device that in the presence of radiation provides a signal or other indication suitable for use in measuring one or more quantities of incident radiation.

Subp. 190.

Radiation hazard.

"Radiation hazard" means a condition under which individuals might receive radiation in excess of the dose limits.

Subp. 191.

Radiation protection.

"Radiation protection" means the use of shielding, protective clothing, protective equipment, and other means to eliminate or reduce exposure to ionizing radiation.

Subp. 192.

Radiation room.

"Radiation room" means a shielded room in which irradiations take place.

Subp. 193.

Radiation safety officer or RSO.

"Radiation safety officer" or "RSO" is an individual who:

A.

has the training, knowledge, authority, and responsibility to apply appropriate radiation protection regulations according to part 4731.4130 on behalf of the licensee; or

B.

meets the requirements in part 4731.4411, subpart 1, item A, or parts 4731.4411, subpart 1, item C, and 4731.4415 or is identified as a radiation safety officer on:

(1)

a specific medical use license issued by the commissioner, the NRC, or an agreement state; or

(2)

a medical use permit issued by an NRC master material licensee.

Subp. 194.

Radioactive marker.

"Radioactive marker" means licensed material used for depth determination or direction orientation. Radioactive marker includes radioactive collar markers and radioactive iron nails.

Subp. 195.

Radioactive material.

"Radioactive material" means a solid, liquid, or gaseous substance that emits radiation spontaneously.

Subp. 196.

Radioactive waste or waste.

"Radioactive waste" or "waste" means those low-level radioactive wastes containing source, special nuclear, or byproduct material that are acceptable for disposal in a land disposal facility. For the purposes of this definition, low-level radioactive waste means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or byproduct material as defined in subpart 32, items B, C, and D.

Subp. 197.

Radiographic exposure device.

"Radiographic exposure device" means an instrument containing a sealed source, fastened or contained therein, in which the sealed source or shielding thereof may be moved, or otherwise changed, from a shielded to an unshielded position for purposes of making a radiographic exposure.

Subp. 198.

Radiographic operations.

"Radiographic operations" means all activities associated with the presence of radiation sources in a radiographic exposure device, including x-ray radiographic devices, during use of the device or transport, except when being transported by a common or contract transport. Radiographic operations include surveys to confirm the adequacy of boundaries, setting up equipment, and any activity inside restricted area boundaries.

Subp. 199.

Reference man.

"Reference man" means a hypothetical aggregation of human physical and physiological characteristics arrived at by international consensus. The characteristics may be used by researchers and public health workers to standardize results of experiments and to relate biological insult to a common base.

Subp. 200.

Registrant.

"Registrant" means a person or facility registered with the commissioner or legally obligated to register with the commissioner according to this chapter.

Subp. 201.

Rem.

"Rem" is the special unit of any of the quantities expressed as dose equivalent. The dose equivalent in rems is equal to the absorbed dose in rads multiplied by the quality factor (1 rem = 0.01 sievert).

Subp. 202.

Research and development.

"Research and development" means:

A.

theoretical analysis, exploration, or experimentation; or

B.

the extension of investigative findings and theories of a scientific or technical nature into practical application for experimental and demonstration purposes, including the experimental production and testing of models, devices, equipment, materials, and processes.

Research and development does not include the internal or external administration of radioactive material, or the radiation therefrom, to human beings, unless the research using human subjects is conducted according to part 4731.4401.

Subp. 203.

Residual radioactivity.

"Residual radioactivity" means radioactivity in structures, materials, soils, groundwater, and other media at a site resulting from activities under a licensee's or registrant's control. Residual radioactivity includes radioactivity from all licensed and unlicensed sources used by the licensee or registrant, but excludes background radiation. Residual radioactivity includes radioactive materials remaining at a site as a result of routine or accidental releases of radioactive material at the site and previous burials at the site, even if those burials were made according to this chapter.

Subp. 204.

Respiratory protective device.

"Respiratory protective device" means an apparatus, such as a respirator, used to reduce an individual's intake of airborne radioactive materials.

Subp. 205.

Restricted area.

"Restricted area" means an area, access to which is limited by a licensee or registrant to protect individuals against undue risks from exposure to radiation and radioactive materials. Restricted area does not include areas used as residential quarters, but includes separate rooms in a residential building that are set apart as a restricted area.

Subp. 205a.

Reviewing official.

"Reviewing official" means the individual who must make the trustworthiness and reliability determination of an individual to determine whether the individual may have, or continue to have, unescorted access to the category 1 or category 2 quantities of radioactive materials that are possessed by the licensee.

Subp. 206.

Roentgen or R.

"Roentgen" or "R" is a special unit of exposure equal to 2.58 x 10-4 coulomb per kilogram of air. One milliroentgen (mR) equals 0.001 roentgen.

Subp. 207.

S-tube.

"S-tube" means a tube through which the radioactive source travels when inside a radiographic exposure device.

Subp. 207a.

Sabotage.

"Sabotage" means deliberate damage, with malevolent intent, to a category 1 or category 2 quantity of radioactive material, a device that contains a category 1 or category 2 quantity of radioactive material, or the components of the security system.

Subp. 207b.

Safe haven.

"Safe haven" means a readily recognizable and readily accessible site at which security is present or from which, in the event of an emergency, the transport crew can notify and wait for the local law enforcement authorities.

Subp. 208.

Sanitary sewerage.

"Sanitary sewerage" means a system of public sewers for carrying off waste water and refuse, but excluding sewage treatment facilities, septic tanks, and leach fields owned or operated by a licensee.

Subp. 209.

Sealed source.

"Sealed source" means radioactive material that is encased in a capsule designed to prevent leakage or escape of the radioactive material.

Subp. 210.

Sealed source and device registry.

"Sealed source and device registry" means the national registry that contains all the registration certificates, generated by both the NRC and agreement states, that summarize the radiation safety information for sealed sources and devices and describe the licensing and use conditions approved for the product.

Subp. 210a.

Security zone.

"Security zone" means any temporary or permanent area determined and established by the licensee for the physical protection of category 1 or category 2 quantities of radioactive material.

Subp. 211.

Self-contained breathing apparatus.

"Self-contained breathing apparatus" means an atmosphere-supplying respirator for which the breathing air source is designed to be carried by the user.

Subp. 212.

Shallow dose equivalent or HS.

"Shallow dose equivalent" or "HS" means the dose equivalent at a tissue depth of 0.007 centimeter (7 mg/cm2) averaged over an area of one square centimeter. Shallow dose equivalent applies to the external exposure of the skin or an extremity.

Subp. 213.

Shielded position.

"Shielded position" means the location within the radiographic exposure device or source changer where the sealed source is secured and restricted from movement.

Subp. 214.

SI.

"SI" means the international system of units.

Subp. 215.

Sievert or Sv.

"Sievert" or "Sv" is the SI unit of any of the quantities expressed as dose equivalent. The dose equivalent in sieverts is equal to the absorbed dose in grays multiplied by the quality factor identified in subpart 183 (1 Sv = 100 rems).

Subp. 216.

Site area emergency.

"Site area emergency" means a situation in which events may occur, are in progress, or have occurred that could lead to a significant release of radioactive material and that could require a response by off-site response organizations to protect persons off-site.

Subp. 217.

Site boundary.

"Site boundary" means the line beyond which the land or property is not owned, leased, or otherwise controlled by the licensee.

Subp. 218.

Source.

"Source" means a discrete amount of radioactive material.

Subp. 219.

Source assembly.

"Source assembly" means an assembly that consists of the sealed source and a connector that attaches the source to the control cable. The source assembly may also include a stop ball used to secure the source in the shielded position.

Subp. 220.

Source changer.

"Source changer" means a device designed and used for replacement of sealed sources in radiographic exposure devices, including those also used for transporting and storage of sealed sources.

Subp. 221.

Source holder.

"Source holder" means a housing or assembly into which a sealed source is placed to facilitate the handling and use of the source in well logging.

Subp. 222.

Source material.

"Source material" means:

A.

uranium, thorium, or any combination thereof, in any physical or chemical form; or

B.

ores that contain by weight 1/20 of one percent (0.05 percent) or more of:

(1)

uranium;

(2)

thorium; or

(3)

any combination thereof.

Source material does not include special nuclear material.

Subp. 223.

Source of radiation.

"Source of radiation" means radioactive material, a device, or equipment that emits, or is capable of producing, radiation.

Subp. 224.

Special form radioactive material.

"Special form radioactive material" means radioactive material that satisfies the following conditions:

A.

it is either a single solid piece or is contained in a sealed capsule that can be opened only by destroying the capsule;

B.

the piece or capsule has at least one dimension not less than 0.2 inches (5 mm); and

C.

it satisfies the requirements of Code of Federal Regulations, title 10, section 71.75. A special form encapsulation designed according to Code of Federal Regulations, title 10, section 71.4, in effect on June 30, 1983, and constructed before July 1, 1985, and a special form encapsulation designed according to Code of Federal Regulations, title 10, section 71.4, in effect on March 31, 1996, and constructed before April 1, 1998, may continue to be used. Any other special form encapsulation must meet the specifications of this subpart.

Subp. 225.

Special nuclear material.

"Special nuclear material" means:

A.

plutonium, uranium-233, uranium enriched in the isotope 233 or in the isotope 235, and any other material the NRC, under the Atomic Energy Act of 1954, as amended, United States Code, title 42, section 2071, determines to be special nuclear material; or

B.

any material artificially enriched by a material listed in item A.

Special nuclear material does not include source material.

Subp. 226.

Specific activity.

"Specific activity" means the radioactivity of the radionuclide per unit mass of that nuclide. The specific activity of a material in which the radionuclide is essentially uniformly distributed is the radioactivity per unit mass of the material.

Subp. 227.

Stereotactic radiosurgery.

"Stereotactic radiosurgery" means the use of external radiation in conjunction with a stereotactic guidance device to very precisely deliver a dose to a tissue volume. Use of a gamma knife is stereotactic radiosurgery.

Subp. 228.

Stochastic effect.

"Stochastic effect" means a health effect that occurs randomly and for which the probability of the effect occurring, rather than its severity, is assumed to be a linear function of dose without threshold, such as hereditary effects and cancer incidence.

Subp. 229.

Storage area.

"Storage area" means a location, facility, or vehicle that is used to store or secure a radiographic exposure device, a storage container, or a sealed source when it is not in use and that is locked or has a physical barrier to prevent accidental exposure to, tampering with, or unauthorized removal of the device, container, or source.

Subp. 230.

Storage container.

"Storage container" means a container in which sealed sources are secured and stored.

Subp. 231.

Structured educational program.

"Structured educational program" means an educational program designed to impart particular knowledge and practical education through interrelated studies and supervised training.

Subp. 232.

Subsurface tracer study.

"Subsurface tracer study" means the release of unsealed licensed material or a substance labeled with licensed material in a single well or boring to trace the movement or position of the material or substance in the well, boring, or adjacent formation.

Subp. 233.

Supplied-air respirator or airline respirator.

"Supplied-air respirator" or "airline respirator" means an atmosphere-supplying respirator for which the source of breathing air is not designed to be carried by the user.

Subp. 234.

Surface casing for protecting freshwater aquifers.

"Surface casing for protecting freshwater aquifers" means a pipe or tube used as a lining in a well or boring to isolate freshwater aquifers from the well or boring.

Subp. 235.

Surface contaminated object or SCO.

"Surface contaminated object" or "SCO" means a solid object that is not itself classed as radioactive material, but that has radioactive material distributed on any of its surfaces. SCO must be in one of two groups, with surface activity not exceeding the following limits:

A.

SCO-I is a solid object on which:

(1)

the nonfixed contamination on the accessible surface averaged over 300 cm2, or the area of the surface if less than 300 cm2, does not exceed:

(a)

10-4 µCi/cm2 (4 Bq/cm2) for beta and gamma and low toxicity alpha emitters; or

(b)

10-5 µCi/cm2 (0.4 Bq/cm2) for all other alpha emitters;

(2)

the fixed contamination on the accessible surface averaged over 300 cm2, or the area of the surface if less than 300 cm2, does not exceed:

(a)

1.0 µCi/cm2 (4 x 104 Bq/cm2) for beta and gamma and low toxicity alpha emitters; or

(b)

0.1 µCi/cm2 (4 x 103 Bq/cm2) for all other alpha emitters; and

(3)

the nonfixed contamination plus the fixed contamination on the inaccessible surface averaged over 300 cm2, or the area of the surface if less than 300 cm2, does not exceed:

(a)

1.0 µCi/cm2 (4 x 104 Bq/cm2) for beta and gamma and low toxicity alpha emitters; or

(b)

0.1 µCi/cm2 (4 x 103 Bq/cm2) for all other alpha emitters; and

B.

SCO-II is a solid object on which the limits for SCO-I are exceeded and on which:

(1)

the nonfixed contamination on the accessible surface averaged over 300 cm2, or the area of the surface if less than 300 cm2, does not exceed:

(a)

10-2 µCi/cm2 (400 Bq/cm2) for beta and gamma and low toxicity alpha emitters; or

(b)

10-3 µCi/cm2 (40 Bq/cm2) for all other alpha emitters;

(2)

the fixed contamination on the accessible surface averaged over 300 cm2, or the area of the surface if less than 300 cm2, does not exceed:

(a)

20 µCi/cm2 (8 x 105 Bq/cm2) for beta and gamma and low toxicity alpha emitters; or

(b)

2 µCi/cm2 (8 x 104 Bq/cm2) for all other alpha emitters; and

(3)

the nonfixed contamination plus the fixed contamination on the inaccessible surface averaged over 300 cm2, or the area of the surface if less than 300 cm2, does not exceed:

(a)

20 µCi/cm2 (8 x 105 Bq/cm2) for beta and gamma and low toxicity alpha emitters; or

(b)

2 µCi/cm2 (8 x 104 Bq/cm2) for all other alpha emitters.

Subp. 236.

Survey or radiation safety survey.

"Survey" or "radiation safety survey" means an evaluation of the radiological conditions and potential hazards incident to the production, use, transfer, release, disposal, or presence of radioactive material or other sources of radiation. When appropriate, such an evaluation includes a physical survey of the location of radioactive material or other radiation sources and measurements or calculations of levels of radiation or concentrations or quantities of radioactive material present.

Subp. 237.

Target.

"Target" means the part of a radiation-producing system that by design intercepts a beam of accelerated particles with subsequent emission of other radiation.

Subp. 237a.

Telemetric position monitoring system.

"Telemetric position monitoring system" means a data transfer system that captures information by instrumentation and measuring devices about the location and status of a transport vehicle or package between the departure and destination locations.

Subp. 238.

Teletherapy.

"Teletherapy" means a method of radiation therapy in which collimated gamma rays are delivered at a distance from the patient or human research subject.

Subp. 239.

Temporary job site.

"Temporary job site" means a location where licensed operations are conducted and where licensed or registered material may be stored, other than those locations of use authorized on the license or registration.

Subp. 240.

Therapeutic dosage.

"Therapeutic dosage" means a dosage of unsealed radioactive material that is intended to deliver a radiation dose to a patient or human research subject for palliative or curative treatment.

Subp. 241.

Therapeutic dose.

"Therapeutic dose" means a radiation dose delivered from a source containing radioactive material to a patient or human research subject for palliative or curative treatment.

Subp. 242.

Tight-fitting facepiece.

"Tight-fitting facepiece" means a respiratory inlet covering that forms a complete seal with the face.

Subp. 243.

Total effective dose equivalent or TEDE.

"Total effective dose equivalent" or "TEDE" means the sum of the effective dose equivalent for external exposures and the committed effective dose equivalent for internal exposures.

Subp. 244.

Traceable to a standard.

"Traceable to a standard" means a comparison directly to a standard maintained by the National Institute of Standards and Technology, provided that all comparisons are documented.

Subp. 245.

Transient shipment.

"Transient shipment" means a shipment of nuclear material originating and terminating in foreign countries on a vessel or aircraft that stops at a United States port.

Subp. 246.

Transport index.

"Transport index" means the dimensionless number, rounded up to the next tenth, placed on the label of a package to designate the degree of control to be exercised by the carrier during transportation. The transport index is the number determined by multiplying the maximum radiation level in millisievert (mSv) per hour at 3.3 feet (one meter) from the external surface of the package by 100 (equivalent to the maximum radiation level in millirem per hour at 3.3 feet (one meter)).

Subp. 247.

Treatment site.

"Treatment site" means the anatomical description of the tissue intended to receive a radiation dose, as described in a written directive.

Subp. 247a.

Tribal official.

"Tribal official" means the highest ranking individual that represents tribal leadership, such as the chief, president, or tribal council leadership.

Subp. 248.

Tritium neutron generator target source.

"Tritium neutron generator target source" means a tritium source used within a neutron generator tube to produce neutrons for use in well logging applications.

Subp. 248a.

Trustworthiness and reliability.

"Trustworthiness and reliability" means characteristics of an individual considered dependable in judgment, character, and performance, such that unescorted access to category 1 or category 2 quantities of radioactive material by that individual does not constitute an unreasonable risk to public health and safety or security. A determination of trustworthiness and reliability for this purpose is based upon the results from a background investigation.

Subp. 249.

Type A quantity.

"Type A quantity" means a quantity of radioactive material, the aggregate radioactivity of which does not exceed A1 for special form radioactive material or A2 for normal form radioactive material where A1 and A2 are given in part 4731.0422 or determined by procedures described in part 4731.0423.

Subp. 250.

Type B quantity.

"Type B quantity" means a quantity of radioactive material greater than a Type A quantity.

Subp. 251.

Type of use.

"Type of use" means use of radioactive material under part 4731.4404, 4731.4432, 4731.4434, 4731.4440, 4731.4450, 4731.4460, or 4731.4463.

Subp. 252.

Underwater irradiator.

"Underwater irradiator" means an irradiator in which the sources always remain shielded under water and humans do not have access to the sealed sources or the space subject to irradiation without entering the pool.

Subp. 253.

Underwater radiography.

"Underwater radiography" means industrial radiography performed when the radiographic exposure device or related equipment are beneath the surface of the water.

Subp. 253a.

Unescorted access.

"Unescorted access" means solitary access to an aggregated category 1 or category 2 quantity of radioactive material or the devices that contain the material.

Subp. 253b.

Unirradiated uranium.

"Unirradiated uranium" means uranium containing not more than 2 x 103 Bq of plutonium per gram of uranium-235, not more than 9 x 106 Bq of fission products per gram of uranium-235, and not more than 5 x 10-3gram of uranium-236 per gram of uranium-235.

Subp. 254.

Unit dosage.

"Unit dosage" means a dosage prepared for medical use in a single patient or human research subject without any further manipulations of the dosage after it is initially prepared.

Subp. 255.

Unrefined and unprocessed ore.

"Unrefined and unprocessed ore" means ore in its natural form prior to any processing, such as grinding, roasting, or beneficiating, or refining. Processing does not include sieving or encapsulation of ore or preparation of samples for laboratory analysis.

Subp. 256.

Unrestricted area.

"Unrestricted area" means an area, the access to which is neither limited nor controlled by the licensee or registrant.

Subp. 257.

Uranium sinker bar.

"Uranium sinker bar" means a weight containing depleted uranium used to pull a logging tool toward the bottom of a well.

Subp. 258.

User seal check or fit check.

"User seal check" or "fit check" means an action by the respirator user to determine if the respirator is properly seated to the face, including a negative pressure check, positive pressure check, irritant smoke check, or isoamyl acetate check.

Subp. 259.

Very high radiation area.

"Very high radiation area" means an area accessible to individuals in which radiation levels from radiation sources external to the body could result in an individual receiving an absorbed dose in excess of 500 rads (5 Gy) in one hour at one meter from a radiation source or one meter from any surface that the radiation penetrates. At very high doses received at high dose rates, units of absorbed dose (rads and grays) are appropriate, rather than units of dose equivalent (rems and sieverts).

Subp. 260.

Week.

"Week" means seven consecutive days.

Subp. 261.

Weighting factor or WT.

"Weighting factor" or WT" for an organ or tissue (T) is the proportion of the risk of stochastic effects resulting from irradiation of that organ or tissue to the total risk of stochastic effects when the whole body is irradiated uniformly. For calculating the effective dose equivalent, the values of WT are:

Organ Dose Weighting Factors

Organ or tissue WT
Gonads 0.25
Breast 0.15
Red bone marrow 0.12
Lung 0.12
Thyroid 0.03
Bone surface 0.03
Remainder 0.301
Whole Body 1.002

10.30 results from 0.06 for each of five remainder organs (excluding the skin and the lens of the eye) that receive the highest doses.

2For the purpose of weighting the external whole body dose (for adding it to the internal dose), a single weighting factor, WT=1.0, has been specified. The use of other weighting factors for external exposure may be approved on a case-by-case basis until such time as specific guidance is issued.

Subp. 262.

Well.

"Well" has the meaning given in Minnesota Statutes, section 103I.005, subdivision 21.

Subp. 263.

Well logging or logging.

"Well logging" or "logging" means all operations involving the lowering and raising of measuring devices or tools that contain licensed material or are used to detect licensed materials in wells or borings to obtain information about the well, boring, or adjacent formations, which may be used in oil, gas, mineral, groundwater, or geological exploration.

Subp. 264.

Whole body.

"Whole body" means, for purposes of external exposure, head, trunk including male gonads, arms above the elbow, or legs above the knee.

Subp. 265.

Worker.

"Worker" means an individual who engages in activities that are licensed or registered by the commissioner and that are controlled by a licensee. Worker does not include a licensee or registrant.

Subp. 266.

Working level.

"Working level" is any combination of short-lived radon daughters in one liter of air that results in the ultimate emission of 1.3 x 105 MeV of potential alpha particle energy. Radon daughters include:

A.

for radon-220: polonium-216, lead-212, bismuth-212, and polonium-212; and

B.

for radon-222: polonium-218, lead-214, bismuth-214, and polonium-214.

Subp. 267.

Working level month.

"Working level month" means an exposure to one working level for 170 hours (2,000 working hours per year/12 months per year=approximately 170 hours per month).

Subp. 268.

Written directive.

"Written directive" means an authorized user's written order for the administration of radioactive material or radiation from radioactive material to a specific patient or human research subject, as specified under part 4731.4408.

Subp. 269.

Year.

"Year" means the 12-month period of time used to determine compliance with this chapter, beginning in January unless the licensee changes the starting date of the 12-month period used to determine compliance by the licensee, provided that the change is made at the beginning of the year and that no day is omitted or duplicated in consecutive years.

Statutory Authority:

MS s 144.1201; 144.1202; 144.1203; 144.1204; 144.1205

History:

29 SR 755; 32 SR 831; 33 SR 1440; 40 SR 145; L 2016 c 119 s 7

Published Electronically:

September 13, 2016

4731.0200 GENERAL APPLICATIONS.

Subpart 1.

Applicability.

A.

This chapter consists of rules for the regulation of radiation from radioactive materials, including source and special nuclear material not sufficient to form a critical mass and other nonpower plant radiation hazards. Except as otherwise specifically provided, this chapter applies to all persons who own, receive, possess, use, transfer, acquire, or dispose of any radioactive material.

B.

Nothing in this chapter applies to a person to the extent that the person is subject to rules of the NRC or to sources in the possession of federal agencies.

C.

Nothing in this chapter relieves a licensee from complying with applicable Food and Drug Administration requirements or any other federal and state requirements governing radioactive drugs or devices or any other toxic or hazardous properties of materials that may be disposed of under this chapter.

Subp. 2.

Exemptions or variances.

The commissioner may, according to parts 4717.7000 to 4717.7050, grant an exemption or variance from the requirements of this chapter, if it is determined to be authorized by law, would not endanger life or property, and is otherwise in the public interest.

Subp. 3.

Responsibilities.

A.

Responsibilities of licensees include compliance with applicable parts of this chapter that are consistent with each licensee's area of use.

B.

It is the responsibility of each applicant or licensee to notify the commissioner of any change in information related to the regulated activity that has an impact on public health and safety according to this subpart. Notification must be provided to the commissioner within two working days of identifying the information. This item does not apply to information that a person is otherwise required to provide to the commissioner by other reporting requirements of this chapter.

C.

Information provided to the commissioner by an applicant for a license must be complete and accurate in all material submitted.

Subp. 4.

Submissions.

Except as otherwise specified in this chapter, all communications and reports under this chapter must be addressed to or delivered in person to: Radioactive Materials Unit, Minnesota Department of Health, 625 Robert Street N, P.O. Box 64975, St. Paul, MN 55164-0975.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755; 32 SR 831

Published Electronically:

March 12, 2009

4731.0210 RECORDS.

Subpart 1.

Applicability.

Each person who receives source or radioactive material pursuant to a license issued under this chapter must keep records showing the receipt, transfer, and disposal of the source or radioactive material. Subparts 2 to 5 are in addition to other applicable rules in this chapter pertaining to records. If there is a conflict between this chapter, a license condition, or other written commissioner approval or authorization pertaining to the retention period for the same type of record, the longest retention period specified takes precedence.

Subp. 2.

Format and safeguarding.

A.

A record required under this chapter must be legible throughout the specified retention period. The record may be:

(1)

the original;

(2)

a reproduced copy;

(3)

a microform, if authorized personnel authenticate the copy or microform and the microform is capable of producing a clear copy throughout the required retention period; or

(4)

stored in electronic media with the capability for producing legible, accurate, and complete records during the required retention period.

B.

Records, such as letters, drawings, and specifications, must include all pertinent information, such as stamps, initials, and signatures.

C.

A licensee must maintain adequate safeguards against tampering with and loss of records.

Subp. 3.

Reporting units.

A licensee must use the units curie, rad, or rem or the international systems of units (SI) as appropriate, including multiples and subdivisions, and must clearly indicate the units of all quantities on records required under this chapter.

Subp. 4.

Shipment manifests.

Notwithstanding the requirements of subpart 3, when recording information on shipment manifests, required under part 4731.2450, subpart 2, information must be recorded in SI units or in SI and units as specified in subpart 3.

Subp. 5.

Distinguishing quantities.

A licensee must make a clear distinction among the quantities entered on records required under this chapter, for example, among the quantities of total effective dose equivalent, shallow dose equivalent, lens dose equivalent, deep dose equivalent, and committed effective dose equivalent.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0230 REQUEST FOR WRITTEN STATEMENTS.

The commissioner may at any time after the filing of an original application, and before the expiration of a license, require further statements to enable the commissioner to determine whether the application should be granted or denied or whether a license should be revoked.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0240 DATA PRIVACY.

Collection, security, and dissemination of information gathered for a license or registration is governed by Minnesota Statutes, chapter 13.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0250 INSPECTIONS AND TESTING.

Subpart 1.

Inspections.

A.

A licensee or registrant must afford to the commissioner or commissioner's designee, at all reasonable times, opportunity to inspect radioactive material and the premises and facilities wherein the radioactive material is used or stored for compliance with this chapter.

B.

A licensee or registrant must make available to the commissioner or commissioner's designee for inspection, upon reasonable notice, records kept by the licensee or registrant according to this chapter.

Subp. 2.

Tests.

A licensee or registrant must perform, or permit the commissioner or commissioner's designee to perform, such tests as the commissioner deems appropriate or necessary for the administration of this chapter, including tests of:

A.

radioactive material;

B.

facilities wherein the radioactive material is utilized or stored;

C.

radiation detection and monitoring instruments; and

D.

other equipment and devices used in connection with the utilization or storage of radioactive material.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

October 3, 2013

4731.0260 VIOLATIONS, ENFORCEMENT, AND PENALTIES.

Violations found by a routine inspection, complaint based inspection, incident or accident inspection, or other inspection deemed necessary by the commissioner must be brought into compliance within 30 days from the date of the inspection report or as otherwise instructed in writing. All violations are subject to penalty under Minnesota Statutes, sections 144.989 to 144.993.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0270 MODIFICATION AND REVOCATION OF LICENSES.

Subpart 1.

Modification.

The terms and conditions of a license are subject to amendment, revision, or modification for compliance with this chapter or orders issued according to this chapter.

Subp. 2.

Revocation and suspension.

A license may be revoked, suspended, or modified, in whole or in part:

A.

for any materially false statement in an application or any false statement of fact required under this chapter;

B.

because of conditions revealed by an application, a statement of fact, a report, a record, an inspection, or other means that would warrant the commissioner to refuse to grant a license on an original application; or

C.

for violation of or failure to observe any of the terms and provisions of this chapter or an order of the commissioner.

Subp. 3.

Notice of noncompliance.

Except in cases of willfulness or when the public health, interest, or safety requires otherwise, the commissioner shall not modify, suspend, or revoke a license unless, prior to the institution of proceedings, facts or conduct that warrant such action are called to the attention of the licensee in writing and the licensee is accorded an opportunity to demonstrate or achieve compliance with all lawful requirements.

Subp. 4.

Possession upon modification.

Upon revocation, suspension, or modification of a license, the commissioner may immediately take possession of all radioactive material held by the licensee.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0280 DELIBERATE MISCONDUCT.

Subpart 1.

Applicability.

This part applies to:

A.

a licensee, registrant, industrial radiography certificate holder, or quality assurance program approval holder;

B.

an applicant for a license or registration, applicant for industrial radiography certificate, or applicant for quality assurance program approval;

C.

a contractor, including a supplier or consultant, or subcontractor to any person identified in this subpart; or

D.

an employee of any person identified in this subpart.

Subp. 2.

Prohibition.

A person identified in subpart 1 who knowingly provides to any entity listed in subpart 1, any components, equipment, materials, or other goods or services that relate to a licensee's, industrial radiography certificate holder's, quality assurance program approval holder's, registrant's, or applicant's activities in this chapter may not:

A.

engage in deliberate misconduct that causes or would have caused, if not detected, any entity listed in subpart 1 to be in violation of a rule; an order; a regulation; or a term, condition, or limitation of a license, certificate, approval, or registration issued by the commissioner; or

B.

deliberately submit to the commissioner, a licensee, a registrant, an industrial radiography certificate holder, a quality assurance program approval holder, an applicant for a license, certificate, or quality assurance program approval, or a licensee's, registrant's, or applicant's contractor or subcontractor, any information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the commissioner.

Subp. 3.

Enforcement.

A person who violates this part may be subject to enforcement action under part 4731.0260.

Subp. 4.

Definition.

For purposes of this part, deliberate misconduct by a person means an intentional act or omission that the person knows:

A.

would cause a licensee, registrant, or applicant to be in violation of a rule, an order, or a term, condition, or limitation of a license issued by the commissioner; or

B.

constitutes a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a licensee, registrant, applicant, contractor, or subcontractor.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755; 32 SR 831

Published Electronically:

March 12, 2009

4731.0290 EMPLOYEE PROTECTION.

Employee protection and employment discrimination issues are governed by Minnesota Statutes, sections 181.931 to 181.935.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0300 FEDERAL JURISDICTION EXCLUSION.

In areas under exclusive federal jurisdiction, nothing in this chapter applies to the extent that the persons are subject to regulation by the NRC or other federal agencies.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0315 CRITICAL MASS.

Subpart 1.

Calculation.

A.

For purposes of this chapter, special nuclear material in quantities not sufficient to form a critical mass means:

(1)

uranium enriched with the isotope U-235 in quantities not exceeding 350 grams of contained U-235;

(2)

uranium-233 in quantities not exceeding 200 grams;

(3)

plutonium in quantities not exceeding 200 grams; or

(4)

any combination of special nuclear material under subitems (1) to (3) according to the formula in item B.

B.

For each kind of special nuclear material, determine the ratio between the quantity of that special nuclear material and the quantity under item A for the same kind of special nuclear material. The sum of the ratios for all kinds of special nuclear materials in combination must not exceed unity. For example, the following quantities in combination would not exceed the limitation and are within the formula, as follows:

(175 grams U-235/350) + (50 grams U-233/200) + (50 grams Pu/200) = 1

Subp. 2.

Exemption.

To determine whether the exemption granted in Code of Federal Regulations, title 10, part 150.10, applies to the receipt, possession, or use of special nuclear material at any particular plant or other authorized location of use, a person must include in the quantity computed according to subpart 1 the total quantity of special nuclear material that the person is authorized to receive, possess, or use at the plant or other location of use at any one time.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0355 RECIPROCITY.

Subpart 1.

Application; recognition.

A.

Subject to this chapter, a person who holds a specific license from the 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, may apply for reciprocity. Once reciprocity is approved, the out-of-state licensee is granted a general license to conduct the activities authorized in the NRC or agreement state license within this state for a period not in excess of 180 days in a calendar year.

B.

Applications for reciprocal recognition of licenses issued by the NRC or other agreement states may be made by completing a report of proposed activity reciprocity form prescribed by the commissioner. The form may be obtained by contacting the Radioactive Materials Unit, Minnesota Department of Health, 625 Robert Street N, P.O. Box 64975, St. Paul, MN 55164-0975.

C.

The application must be signed and dated by the radiation safety officer or the responsible management representative.

D.

The applicant must submit a copy of the current licensing document. The licensing document must not limit the activity authorized by the document to specified installations or locations.

E.

The applicant must pay the reciprocity fee under Minnesota Statutes, section 144.1205.

Subp. 2.

Review and inspection.

A.

The commissioner shall review applications for reciprocity for compliance with this chapter. The commissioner may withdraw, limit, or qualify acceptance of a specific license or equivalent licensing document issued by the NRC or an agreement state or a product distributed under the licensing document upon determining that the action is necessary to prevent undue hazard to public health and safety or property.

B.

Inspections by the commissioner may be performed on any licensee who has been granted a reciprocal license.

Subp. 3.

Notification.

A.

An out-of-state licensee approved for reciprocity must notify the commissioner in writing at least three days before engaging in activities in the state. The notification must include:

(1)

the name of the company for whom service will be performed;

(2)

the name and telephone number of the individual representing the company under subitem (1);

(3)

the location where services will be performed;

(4)

the start date;

(5)

the duration of the service;

(6)

the type of service to be performed;

(7)

the name of individuals performing the service; and

(8)

identification of the sources of radiation to be used.

B.

The out-of-state licensee must:

(1)

notify the commissioner of any changes in the work location, schedule, radioactive material, or work activities;

(2)

comply with this chapter and with all the terms and conditions of the licensing document, except any terms and conditions that may be inconsistent with this chapter; and

(3)

supply any other information requested by the commissioner.

C.

The out-of-state licensee must not transfer or dispose of radioactive material possessed or used under the general license under this part except by transfer to a person who is specifically licensed by the NRC or an agreement state to receive the material.

D.

If, for a specific case, the three-day notification period would impose an undue hardship on the out-of-state licensee, the licensee may, upon written application to the commissioner, obtain permission to proceed sooner.

Subp. 4.

Jurisdictional status.

A.

A licensee must determine the jurisdictional status of a temporary job site before radioactive materials may be used at a job site at any federal facility within the state. If the jurisdictional status is unknown, the licensee must contact the federal agency that controls the site to determine if the job site is under exclusive federal jurisdiction.

B.

A licensee must obtain authorization from the NRC or an agreement state before radioactive material may be used at a temporary job site in another state. Authorization may be obtained by applying for reciprocity or a specific license from the state or the NRC in areas of exclusive federal jurisdiction.

Statutory Authority:

MS s 144.1201; 144.1202; 144.1203; 144.1204; 144.1205

History:

29 SR 755; 32 SR 831; 33 SR 1440; 40 SR 145

Published Electronically:

August 27, 2015

TRANSPORTATION OF LICENSED MATERIAL

4731.0400 SCOPE; ENFORCEMENT NOTICE.

Subpart 1.

Scope.

Parts 4731.0400 to 4731.0455 establish requirements for the packaging, preparation for shipment, and transportation of licensed material.

Subp. 2.

Application of other law.

The packaging and transport of licensed material are subject to this chapter; Code of Federal Regulations, title 10, parts 21, 70, and 73; and the regulations of other agencies, such as the NRC, DOT, and United States Postal Service, having jurisdiction over means of transport. The requirements of parts 4731.0400 to 4731.0455 are in addition to, and not in substitution for, other requirements.

Subp. 3.

Applicability.

A.

Parts 4731.0400 to 4731.0455 apply to any licensee authorized by a specific or general license issued by the commissioner to receive, possess, use, or transfer licensed material, if the licensee delivers that material to a carrier for transport, transports the material outside the site of usage as specified in an NRC or agreement state license, or transports that material on public highways. Parts 4731.0400 to 4731.0455 do not authorize possession of licensed material.

B.

Parts 4731.0400 to 4731.0455 apply to any person required to obtain a certificate of compliance if the person delivers radioactive material to a common or contract carrier for transport or transports the material outside the confines of the person's plant or other authorized place of use.

Subp. 4.

Enforcement notice.

This part is notice to all persons who knowingly provide to any licensee; radiographer certificate holder; quality assurance program approval holder; applicant for a license, radiographer certificate, or quality assurance program approval; or contractor or subcontractor of any of them components, equipment, materials, or other goods or services, that relate to a licensee's, certificate holder's, quality assurance program approval holder's, or applicant's activities subject to parts 4731.0400 to 4731.0455, that they may be individually subject to the commissioner's enforcement action for violation of part 4731.0280.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755; 32 SR 831

Published Electronically:

March 12, 2009

4731.0401 REQUIREMENT FOR LICENSE.

No licensee shall deliver licensed material to a carrier for transport or transport licensed material, except as authorized in a general license or a specific license issued by the commissioner or as exempted under parts 4731.0400 to 4731.0455.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755; 32 SR 831

Published Electronically:

March 12, 2009

4731.0402 TRANSPORTATION OF LICENSED MATERIAL.

Subpart 1.

DOT regulations.

A.

A licensee who transports licensed material outside of the site of usage, as specified in a license issued by the NRC or an agreement state, or where transport is on public highways or a licensee who delivers licensed material to a carrier for transport must comply with the applicable DOT regulations in Code of Federal Regulations, title 49, parts 107, 171 to 180, and 390 to 397, appropriate to the mode of transport.

B.

A licensee must particularly note DOT regulations in the following areas:

(1)

packaging, Code of Federal Regulations, title 49, part 173, subparts A, B, and I;

(2)

marking and labeling, Code of Federal Regulations, title 49, part 172, subparts D and E, sections 172.400 to 172.407 and 172.436 to 172.441;

(3)

placarding, Code of Federal Regulations, title 49, part 172, subpart F, especially sections 172.500 to 172.519 and 172.556, and appendices B and C;

(4)

accident reporting, Code of Federal Regulations, title 49, sections 171.15 and 171.16;

(5)

shipping papers and emergency information, Code of Federal Regulations, title 49, part 172, subparts C and G;

(6)

hazardous material employee training, Code of Federal Regulations, title 49, part 172, subpart H;

(7)

security plans, Code of Federal Regulations, title 49, part 172, subpart I; and

(8)

hazardous material shipper and carrier registration, Code of Federal Regulations, title 49, part 107, subpart G.

C.

A licensee must also note DOT regulations pertaining to the following modes of transportation:

(1)

rail, Code of Federal Regulations, title 49, part 174, subparts A to D and K;

(2)

air, Code of Federal Regulations, title 49, part 175;

(3)

vessel, Code of Federal Regulations, title 49, part 176, subparts A to F and M; and

(4)

public highways, Code of Federal Regulations, title 49, parts 177 and 390 to 397.

Subp. 2.

Compliance; waiver.

If DOT regulations are not applicable to a shipment of licensed material, a licensee must conform to the standards and requirements of the DOT specified in subpart 1 to the same extent as if the shipment or transportation were subject to DOT regulations. A request for modification, waiver, or exemption from those requirements, and any notification referred to in those requirements, must be filed with or made to the commissioner.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755; 32 SR 831

Published Electronically:

March 12, 2009

4731.0403 SPECIFIC EXEMPTIONS.

Subpart 1.

Physicians.

A physician licensed by a state to dispense drugs in the practice of medicine is exempt from part 4731.0402 with respect to transport by the physician of licensed material for use in the practice of medicine. A physician operating under this exemption must be licensed under parts 4731.4400 to 4731.4527 or equivalent regulations of the NRC or an agreement state.

Subp. 1a.

Grounds.

On application of any interested person or on the commissioner's own initiative, the commissioner may grant any exemption from parts 4731.0400 to 4731.0455 that the commissioner determines is authorized by law and will not endanger life or property nor the common defense and security.

Subp. 2.

Low-level materials.

A licensee is exempt from the requirements of parts 4731.0400 to 4731.0455 with respect to shipment or carriage of a package of the following low-level material:

A.

natural material and ores containing naturally occurring radionuclides that are not intended to be processed for use of these radionuclides, provided the activity concentration of the material does not exceed ten times the values specified in part 4731.0422, subpart 3; and

B.

materials for which the activity concentration is not greater than the activity concentration values specified in part 4731.0422, subpart 3, or for which the consignment activity is not greater than the limit for an exempt consignment under part 4731.0422, subpart 3.

Subp. 3.

Exemption from classification as fissile material.

Fissile material meeting at least one of the requirements in items A to F is exempt from classification as fissile material and from the fissile material package standards of Code of Federal Regulations, title 10, sections 71.55 and 71.59, but is subject to all other requirements of this chapter, except as noted:

A.

an individual package containing two grams or less of fissile material;

B.

individual or bulk packaging containing 15 grams or less of fissile material, provided the package has at least 200 grams of solid nonfissile material for every gram of fissile material. Lead, beryllium, graphite, and hydrogenous material enriched in deuterium may be present in the package but must not be included in determining the required mass for solid nonfissile material;

C.

low concentrations of solid fissile material commingled with solid nonfissile material, provided that:

(1)

there is at least 2,000 grams of solid nonfissile material for every gram of fissile material. Lead, beryllium, graphite, and hydrogenous material enriched in deuterium may be present in the package but may not be included in determining the required mass of solid nonfissile material; and

(2)

there is no more than 180 grams of fissile material distributed within 360 kilograms of contiguous nonfissile material. Lead, beryllium, graphite, and hydrogenous material enriched in deuterium may be present in the package but may not be included in determining the required mass of solid nonfissile material;

D.

uranium enriched in uranium-235 to a maximum of one percent by weight, and with total plutonium and uranium-233 content of up to one percent of the mass of uranium-235, provided that the mass of any beryllium, graphite, and hydrogenous material enriched in deuterium constitutes less than five percent of the uranium mass;

E.

liquid solutions of uranyl nitrate enriched in uranium-235 to a maximum of two percent by mass, with a total plutonium and uranium-233 content not exceeding 0.002 percent of the mass of uranium, and with a minimum nitrogen to uranium atomic ratio (N/U) of two. The material must be contained in at least a DOT Type A package; or

F.

packages containing, individually, a total plutonium mass of not more than 1,000 grams, of which not more than 20 percent by mass may consist of plutonium-239, plutonium-241, or any combination of these radionuclides.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755; 32 SR 831

Published Electronically:

March 12, 2009

4731.0405

[Repealed, 32 SR 831]

Published Electronically:

March 12, 2009

4731.0406 GENERAL LICENSE; NRC-APPROVED PACKAGE.

Subpart 1.

License to transport or deliver.

A general license is issued to any licensee of the commissioner to transport, or to deliver to a carrier for transport, licensed material in a package for which a license, certificate of compliance, or other approval has been issued by the NRC.

Subp. 2.

Approved quality assurance program.

The general license issued under subpart 1 applies only to a licensee who has a quality assurance program approved by the NRC as complying with Code of Federal Regulations, title 10, part 71, subpart H.

Subp. 3.

Compliance with conditions.

A.

The general license issued under subpart 1 applies only to a licensee who:

(1)

has a copy of the certificate of compliance or other approval of the package and has the drawings and other documents referenced in the approval relating to the use and maintenance of the packaging and to the actions to be taken before shipment;

(2)

complies with the terms and conditions of the license, certificate, or other approval, as applicable, and the applicable requirements of this chapter and Code of Federal Regulations, title 10, part 71, subpart H; and

(3)

submits in writing to the NRC, before the licensee's first use of the package, the licensee's name and license number and the package identification number specified in the package approval.

B.

The general license issued under subpart 1 applies only when the package approval authorizes use of the package under the general license under subpart 1.

C.

For a Type B or fissile material package, the design of which was approved by the NRC before April 1, 1996, the general license under subpart 1 is subject to the additional restrictions of Code of Federal Regulations, title 10, section 71.19.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755; 32 SR 831

Published Electronically:

March 12, 2009

4731.0407 PREVIOUSLY APPROVED PACKAGES.

Subpart 1.

Type B package.

A Type B package previously approved by the NRC, but not designated as B(U) or B(M) in the identification number of the NRC certificate of compliance, may be used under the general license issued under part 4731.0406 if:

A.

fabrication of the packaging was satisfactorily completed by August 31, 1986, as demonstrated by application of its model number according to part 4731.0414, item C;

B.

a package used for a shipment to a location outside the United States is subject to multilateral approval, as defined in DOT regulations under Code of Federal Regulations, title 49, section 173.403; and

C.

a serial number that uniquely identifies each packaging that conforms to the approved design is assigned to and legibly and durably marked on the outside of each packaging.

Subp. 2.

Type B, LSA, fissile material package.

A Type B(U) package, a Type B(M) package, a low specific activity (LSA) material package, or a fissile material package previously approved by the NRC, but without the designation "-85" in the identification number of the NRC certificate of compliance, may be used under the general license issued under part 4731.0406 if:

A.

fabrication of the package is satisfactorily completed by April 1, 1999, as demonstrated by application of its model number according to part 4731.0414, item C;

B.

a package used for a shipment to a location outside the United States is subject to multilateral approval, as defined in DOT regulations under Code of Federal Regulations, title 49, section 173.403; and

C.

a serial number that uniquely identifies each packaging that conforms to the approved design is assigned to and legibly and durably marked on the outside of each packaging.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0408

MR 2008 [Expired]

Published Electronically:

March 12, 2009

4731.0409 GENERAL LICENSE; FOREIGN-APPROVED PACKAGE.

Subpart 1.

License for foreign-approved package.

A general license is issued to any licensee of the commissioner to transport, or to deliver to a carrier for transport, licensed material in a package the design of which has been approved in a foreign national competent authority certificate that has been revalidated by the DOT as meeting the applicable requirements of Code of Federal Regulations, title 49, section 171.12.

Subp. 2.

Approved quality assurance program.

Except as otherwise provided in parts 4731.0400 to 4731.0455, the general license issued under subpart 1 applies only to a licensee who has a quality assurance program approved by the NRC as complying with Code of Federal Regulations, title 10, part 71, subpart H.

Subp. 3.

Use outside United States.

The general license issued under subpart 1 applies to shipments made to or from locations outside the United States.

Subp. 4.

Certificate conditions.

The general license issued under subpart 1 applies only to a licensee who:

A.

has a copy of the applicable certificate, the revalidation, and the drawings and other documents referenced in the certificate, relating to the use and maintenance of the packaging and to the actions to be taken before shipment; and

B.

complies with the terms and conditions of the certificate and revalidation and with the applicable requirements of this chapter. With respect to the quality assurance provisions of Code of Federal Regulations, title 10, part 71, subpart H, the licensee is exempt from design, construction, and fabrication considerations.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755; 32 SR 831

Published Electronically:

March 12, 2009

4731.0410 GENERAL LICENSE; FISSILE MATERIAL.

Subpart 1.

License to transport or deliver fissile material.

A general license is issued to any licensee of the commissioner to transport fissile material, or to deliver fissile material to a carrier for transport, if the material is shipped according to this part. The fissile material need not be contained in a package that meets the standards of part 4731.0412 and Code of Federal Regulations, title 10, sections 71.41 to 71.77, if the material is shipped according to this part. However, the material must be contained in a Type A package. The Type A package must also meet the DOT requirements in Code of Federal Regulations, title 49, section 173.417(a).

Subp. 2.

Approved quality assurance program.

The general license issued under subpart 1 applies only to a licensee who has a quality assurance program approved by the NRC as complying with Code of Federal Regulations, title 10, part 71, subpart H.

Subp. 3.

Type A quantity limits.

The general license issued under subpart 1 applies only when a package's contents:

A.

contain less than a Type A quantity of fissile material; and

B.

contain less than 500 total grams of beryllium, graphite, or hydrogenous material enriched in deuterium.

Subp. 4.

Fissile material labeled with a criticality safety index.

A.

The general license applies only to packages containing fissile material that are labeled with a criticality safety index that:

(1)

has been determined according to subpart 7; and

(2)

has a value less than or equal to ten.

B.

For a shipment of multiple packages containing fissile material, the sum of the criticality safety indices must be less than or equal to 50 for shipment on a nonexclusive use conveyance and less than or equal to 100 for shipment on an exclusive use conveyance.

Subp. 5.

[Repealed, 32 SR 831]

Subp. 6.

[Repealed, 32 SR 831]

Subp. 7.

Criticality safety index values.

A.

The value for the criticality safety index must be greater than or equal to the number calculated by the following equation:

B.

The calculated criticality safety index must be rounded up to the first decimal place.

C.

The values of X, Y, and Z used in the criticality safety index equation must be taken from subpart 8 or 9, as appropriate.

D.

If subpart 9 is used to obtain the value of X, then the values for the terms in the equation for uranium-233 and plutonium must be assumed to be zero.

E.

The values in subpart 8 for X, Y, and Z must be used to determine the criticality safety index if:

(1)

uranium-233 is present in the package;

(2)

the mass of plutonium exceeds one percent of the mass of uranium-235;

(3)

the uranium is of unknown uranium-235 enrichment or greater than 24 weight percent enrichment; or

(4)

substances having a moderating effectiveness, that is, an average hydrogen density greater than H20, for example certain hydrocarbon oils or plastics, are present in any form, except as polyethylene used for packing or wrapping.

Subp. 8.

Mass limits for general license packages containing mixed quantities of fissile material of uranium-235 of unknown enrichment.

Fissile material mass mixed with moderating substances having an average hydrogen density less than or equal to H2O (grams) Fissile material mass mixed with moderating substances having an average hydrogen density greater than H2Oa (grams)
235U (X) 60 38
233U (Y) 43 27
239Pu or 241Pu (Z) 37 24

aWhen mixtures of moderating substances are present, the lower mass limits shall be used if more than 15 percent of the moderating substance has an average hydrogen density greater than H2O.

Subp. 9.

Mass limits for general license packages containing uranium-235 of known enrichment.

Uranium enrichment in weight
percent of 235U not exceeding
Fissile material mass of 235U (X) (grams)
24 60
20 63
15 67
11 72
10 76
9.5 78
9 81
8.5 82
8 85
7.5 88
7 90
6.5 93
6 97
5.5 102
5 108
4.5 114
4 120
3.5 132
3 150
2.5 180
2 246
1.5 408
1.35 480
1 1,020
0.92 1,800

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755; 32 SR 831

Published Electronically:

March 12, 2009

4731.0411 GENERAL LICENSE; PLUTONIUM-BERYLLIUM SPECIAL FORM MATERIAL.

Subpart 1.

Transport of plutonium-beryllium.

A general license is issued to any licensee of the commissioner to transport fissile material in the form of plutonium-beryllium (Pu-Be) special form sealed sources, or to deliver Pu-Be sealed sources to a carrier for transport, if the material is shipped according to this part. The material need not be contained in a package that meets the requirements of part 4731.0412 and Code of Federal Regulations, title 10, sections 71.41 to 71.77; however, the material must be contained in a Type A package. The Type A package must also meet the DOT requirements of Code of Federal Regulations, title 49, section 173.417(a).

Subp. 2.

Approved quality assurance program.

The general license issued under subpart 1 applies only to a licensee who has a quality assurance program approved by the NRC as complying with part 4731.0412 and Code of Federal Regulations, title 10, part 71, subpart H.

Subp. 3.

Package contents.

The general license issued under subpart 1 applies only when a package's contents:

A.

contain no more than a Type A quantity of radioactive material; and

B.

contain less than 1,000 grams of plutonium, provided that plutonium-239, plutonium-241, or any combination of these radionuclides, constitutes less than 240 grams of total quantity of plutonium in the package.

Subp. 4.

Packages labeled with criticality safety index.

The general license issued under subpart 1 applies only to packages labeled with a criticality safety index that:

A.

has been determined according to subpart 5;

B.

has a value less than or equal to 100; and

C.

for a shipment of multiple packages containing Pu-Be sealed sources, the sum of the criticality safety indices must be less than or equal to 50 (for shipment on a nonexclusive use conveyance) and less than or equal to 100 (for shipment on an exclusive use conveyance).

Subp. 5.

Criticality safety index.

A.

The value for the criticality safety index must be greater than or equal to the number calculated by the following equation:

B.

The calculated criticality safety index must be rounded up to the first decimal place.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755; 32 SR 831

Published Electronically:

March 12, 2009

4731.0412 EXTERNAL RADIATION STANDARDS FOR ALL PACKAGES.

Subpart 1.

Radiation level limit.

Except as provided in subpart 2, a package of radioactive material offered for transportation must be designed and prepared for shipment so that under conditions normally incident to transportation, the radiation level does not exceed 200 millirems per hour (2 mSv/hr) at any point on the external surface of the package and the transport index does not exceed ten.

Subp. 2.

Packages in excess of limit.

A package that exceeds the radiation level limits under subpart 1 must be transported by exclusive use shipment only and the radiation levels for such shipment must not exceed the following during transportation:

A.

200 millirems per hour (2 mSv/hr) on the external surface of the package, unless the following conditions are met, in which case the limit is 1,000 millirems per hour (10 mSv/hr):

(1)

the shipment is made in a closed transport vehicle;

(2)

the package is secured within the vehicle so that its position remains fixed during transportation; and

(3)

there are no loading or unloading operations between the beginning and end of transportation;

B.

200 millirems per hour (2 mSv/hr) at any point on the outer surface of the vehicle, including the top and underside of the vehicle; or in the case of a flat-bed style vehicle, at any point on the vertical planes projected from the outer edges of the vehicle, on the upper surface of the load or enclosure, if used, and on the lower external surface of the vehicle;

C.

ten millirems per hour (0.1 mSv/hr) at any point 80 inches (2 meters) from the outer lateral surfaces of the vehicle, excluding the top and underside of the vehicle; or in the case of a flat-bed style vehicle, at any point 6.6 feet (2 meters) from the vertical planes projected by the outer edges of the vehicle, excluding the top and underside of the vehicle; and

D.

two millirems per hour (0.02 mSv/hr) in any normally occupied space, except that this item does not apply to private carriers, if exposed personnel under their control wear radiation dosimetry devices according to part 4731.2210.

Subp. 3.

Written instructions.

A.

For shipments made under subpart 2, the shipper must provide specific written instructions to the carrier for maintenance of the exclusive use shipment controls. The instructions must be included with the shipping paper information.

B.

The written instructions required for exclusive use shipments must be sufficient so that, when followed, they will cause the carrier to avoid actions that will unnecessarily delay delivery or unnecessarily result in increased radiation levels or radiation exposures to transport workers or members of the general public.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0413 ASSUMPTIONS AS TO UNKNOWN PROPERTIES.

When the isotopic abundance, mass, concentration, degree of irradiation, degree of moderation, or other pertinent property of fissile material in any package is not known, the licensee must package the fissile material as if the unknown properties have credible values that will cause the maximum neutron multiplication.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0414 PRELIMINARY DETERMINATIONS.

Before the first use of any packaging for the shipment of licensed material:

A.

a licensee must ascertain that there are no cracks, pinholes, uncontrolled voids, or other defects that could significantly reduce the effectiveness of the packaging;

B.

where the maximum normal operating pressure will exceed five pounds per square inch (35 kilopascal) gauge, a licensee must test the containment system at an internal pressure of at least 50 percent higher than the maximum normal operating pressure, to verify the capability of that system to maintain its structural integrity at that pressure; and

C.

a licensee must conspicuously and durably mark the packaging with its model number, serial number, gross weight, and a package identification number assigned by the NRC. Before applying the model number, a licensee must determine that the packaging has been fabricated according to a design approved by the NRC.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0415 ROUTINE DETERMINATIONS.

Before each shipment of licensed material, a licensee must ensure that the package with its contents satisfies the applicable requirements of the license and parts 4731.0400 to 4731.0455. The licensee must determine that:

A.

the package is proper for the contents to be shipped;

B.

the package is in an unimpaired physical condition, except for superficial defects such as marks or dents;

C.

each closure device of the packaging, including any required gasket, is properly installed and secured and free of defects;

D.

any system for containing liquid is adequately sealed and has adequate space or other specified provision for expansion of the liquid;

E.

any pressure relief device is operable and set according to written procedures;

F.

the package has been loaded and closed according to written procedures;

G.

for fissile material, any moderator or neutron absorber, if required, is present and in proper condition;

H.

any structural part of the package that could be used to lift or tie down the package during transport is rendered inoperable for that purpose, unless it satisfies the design requirements under Code of Federal Regulations, title 10, section 71.45;

I.

the level of nonfixed (removable) radioactive contamination on the external surfaces of each package offered for shipment is as low as reasonably achievable and within the limits specified in DOT regulations under Code of Federal Regulations, title 49, section 173.443;

J.

external radiation levels around the package and around the vehicle, if applicable, will not exceed the limits specified in part 4731.0412 at any time during transportation; and

K.

accessible package surface temperatures will not exceed the limits specified in Code of Federal Regulations, title 10, section 71.43, paragraph (g), at any time during transportation.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755; 32 SR 831

Published Electronically:

March 12, 2009

4731.0416 AIR TRANSPORT OF PLUTONIUM.

Subpart 1.

Limitations for plutonium transport.

Notwithstanding the provisions of any general license and notwithstanding any exemptions stated directly in parts 4731.0400 to 4731.0455 or included indirectly by citation to Code of Federal Regulations, title 49, chapter I, as may be applicable, a licensee must ensure that plutonium in any form, whether for import, export, or domestic shipment, is not transported by air, or delivered to a carrier for air transport, unless:

A.

the plutonium is contained in a medical device designed for individual human application;

B.

the plutonium is contained in a material in which the specific activity is less than or equal to the activity concentration values for plutonium specified in part 4731.0422, subpart 3, and in which the radioactivity is essentially uniformly distributed;

C.

the plutonium is shipped in a single package containing no more than an A2 quantity of plutonium in any isotope or form and is shipped according to part 4731.0402; or

D.

the plutonium is shipped in a package specifically authorized for shipment of plutonium by air in the certificate of compliance for that package issued by the NRC.

Subp. 2.

Federal law.

A.

Nothing in subpart 1 is to be interpreted as removing or diminishing the requirements of Code of Federal Regulations, title 10, section 73.24.

B.

For a shipment of plutonium by air that is subject to subpart 1, item D, a licensee must, through special arrangement with the carrier, require compliance with the DOT regulations applicable to the air transport of plutonium under Code of Federal Regulations, title 49, section 175.704.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755; 32 SR 831

Published Electronically:

March 12, 2009

4731.0417 OPENING INSTRUCTIONS.

Before delivery of a package to a carrier for transport, a licensee must ensure that any special instructions needed to safely open the package have been sent to, or otherwise made available to, the consignee for the consignee's use, according to part 4731.2350, subpart 5.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0418 REPORTS.

A licensee must report to the commissioner within 30 days:

A.

any instance in which there is significant reduction in the effectiveness of any approved Type B or fissile packaging during use;

B.

details of any defects with safety significance in Type B or fissile packaging after first use, with the means employed to repair the defects and prevent their recurrence; and

C.

instances in which the conditions of approval in the certificate of compliance were not observed in making a shipment.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0419 ADVANCE NOTIFICATION OF SHIPMENT OF IRRADIATED REACTOR FUEL AND NUCLEAR WASTE.

Subpart 1.

Notice required.

As specified in subparts 2 to 4, a licensee must provide advance notification to:

A.

the commissioner, the governor of the state or the governor's designee, and the NRC of a shipment of licensed material through or across the boundary of the state before the transport, or delivery to a carrier for transport, of licensed material outside the confines of the licensee's plant or other place of use or storage; and

B.

the tribal official of participating tribes referenced in subpart 3, item B, or the official's designee, of the shipment of licensed material, within or across the boundary of the tribe's reservation, before the transport, or delivery to a carrier, for transport, of licensed material outside the confines of the licensee's plant or other place of use or storage.

Subp. 2.

Shipments requiring notice.

Advance notification is required under this part for shipments of licensed material, other than irradiated fuel, meeting the following three conditions:

A.

the licensed material is required by parts 4731.0400 to 4731.0455 to be in Type B packaging for transportation;

B.

the licensed material is being transported to or across the state boundary enroute to a disposal facility or to a collection point for transport to a disposal facility; and

C.

the quantity of licensed material in a single package exceeds the least of the following:

(1)

3,000 times the A1 value of radionuclides as specified in part 4731.0422 for special form radioactive material;

(2)

3,000 times the A2 value of radionuclides as specified in part 4731.0422 for normal form radioactive material; or

(3)

27,000 Ci (1,000 TBq).

Subp. 3.

Procedures for submitting notification.

A.

The notification required under this part must:

(1)

be made in writing to the commissioner, the office of each appropriate state governor or governor's designee, the office of each appropriate tribal official or tribal official's designee, and to the director of the Division of Security Policy, Office of Nuclear Security and Incident Response, NRC;

(2)

if delivered by mail, be postmarked at least seven days before the beginning of the seven-day period during which departure of the shipment is estimated to occur; and

(3)

if delivered by any other means than mail, reach the office of the commissioner and the governor or governor's designee or the tribal official or tribal official's designee at least four days before the beginning of the seven-day period during which departure of the shipment is estimated to occur.

B.

A list of the names and mailing addresses of the governors' designees and tribal officials' designees of participating tribes receiving advance notification of transportation of nuclear waste is published annually in the Federal Register on or about June 30 to reflect changes in information. The list is available on request from the Director, Office of Federal and State Materials and Environmental Programs, United States Nuclear Regulatory Commission, Washington, DC 20555-0001.

C.

The licensee must retain a copy of the notification as a record for three years.

Subp. 4.

Information to be furnished in advance notification of shipment.

An advance notification of shipment of irradiated reactor fuel or nuclear waste must contain the following information:

A.

the name, address, and telephone number of the shipper, carrier, and receiver of the irradiated reactor fuel or nuclear waste shipment;

B.

a description of the irradiated reactor fuel or nuclear waste contained in the shipment according to DOT regulations in Code of Federal Regulations, title 49, sections 172.202 and 172.203, paragraph (d);

C.

the point of origin of the shipment and the seven-day period during which departure of the shipment is estimated to occur;

D.

the seven-day period during which arrival of the shipment at state boundaries or tribal reservation boundaries is estimated to occur;

E.

the destination of the shipment and the seven-day period during which arrival of the shipment is estimated to occur; and

F.

a point of contact, with a telephone number, for current shipment information.

Subp. 5.

Revision notice.

A licensee who finds that schedule information, previously furnished under this part to the commissioner and a governor or governor's designee or a tribal official or tribal official's designee, will not be met must telephone a responsible individual in the commissioner's office and the governor or governor's designee or the tribal official or the tribal official's designee and inform the individual of the extent of the delay beyond the schedule originally reported.

Subp. 5a.

Record retained.

The licensee must maintain a record of the name of the individual contacted for three years.

Subp. 6.

Cancellation notice.

A.

A licensee who cancels an irradiated reactor fuel or nuclear waste shipment for which advance notification has been sent must send a cancellation notice to the commissioner, the governor of each state or the governor's designee previously notified, each tribal official or the tribal official's designee previously notified, and the director of the Division of Security Policy, Office of Nuclear Security and Incident Response, NRC.

B.

The licensee must state in the notice that it is a cancellation and identify the advance notification that is being canceled.

C.

The licensee must retain a copy of the notice as a record for three years.

Statutory Authority:

MS s 144.1201; 144.1202; 144.1203; 144.1204; 144.1205

History:

29 SR 755; 32 SR 831; 40 SR 145

Published Electronically:

August 27, 2015

4731.0420 QUALITY ASSURANCE REQUIREMENTS.

Subpart 1.

Program requirement.

A.

A licensee must establish, maintain, and execute a quality assurance program satisfying each of the applicable criteria of this part and part 4731.0421 and Code of Federal Regulations, title 10, part 71, subpart H, and satisfying any specific provisions that are applicable to the licensee's activities, including procurement of packaging. A licensee must apply each of the applicable criteria in a graded approach, to an extent that is consistent with the criteria's importance to safety.

B.

As used in this subpart, "quality assurance" comprises all those planned and systematic actions necessary to provide adequate confidence that a system or component will perform satisfactorily in service. Quality assurance includes quality control, which comprises those quality assurance actions related to control of the physical characteristics and quality of the material or component to predetermined requirements.

Subp. 2.

Radiography containers.

A program for transport container inspection and maintenance limited to radiographic exposure devices, source changers, or packages transporting these devices and meeting the requirements of part 4731.4090, subpart 2, item A, or an equivalent requirement of the NRC or an agreement state, is deemed to satisfy the requirements of subpart 1 and part 4731.0406, subpart 2.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0421 QUALITY ASSURANCE ORGANIZATION.

Subpart 1.

Licensee duty.

A licensee is responsible for the establishment and execution of the quality assurance program. While the term "licensee" is used in these criteria, the requirements are applicable to whatever design, fabrication, assembly, and testing of the package is accomplished with respect to a package prior to the time a package approval is issued.

Subp. 2.

Delegation permitted.

A licensee may delegate to others, such as contractors, agents, or consultants, the work of establishing and executing the quality assurance program, or any part of the quality assurance program, but must retain responsibility for the program.

Subp. 3.

Delegation requirements.

A licensee must clearly establish and delineate, in writing, the authority and duties of persons and organizations performing activities affecting the safety-related functions of structures, systems, and components. These activities include performing the functions associated with attaining quality objectives and the quality assurance functions.

Subp. 4.

Quality assurance functions.

The quality assurance functions are:

A.

ensuring that an appropriate quality assurance program is established and effectively executed; and

B.

verifying, by procedures such as checking, auditing, and inspection, that activities affecting the safety-related functions have been performed correctly.

Subp. 5.

Required authority.

The persons and organizations performing quality assurance functions must have sufficient authority and organizational freedom to:

A.

identify quality problems;

B.

initiate, recommend, or provide solutions; and

C.

verify implementation of solutions.

Subp. 6.

Management.

The persons and organizations performing quality assurance functions must report to a management level that ensures that the required authority and organizational freedom, including sufficient independence from cost and schedule, when opposed to safety considerations, are provided.

Subp. 7.

Organizational structure.

Because of many variables involved, such as the number of personnel, the type of activity being performed, and the location where activities are performed, the organizational structure for executing the quality assurance program may take various forms, provided that the persons and organizations assigned the quality assurance functions have the required authority and organizational freedom.

Subp. 8.

Access to management.

Irrespective of the organizational structure, the individuals assigned the responsibility for ensuring effective execution of any portion of the quality assurance program, at any location where activities subject to parts 4731.0400 to 4731.0455 are being performed, must have direct access to the levels of management necessary to perform this function.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755; 32 SR 831

Published Electronically:

March 12, 2009

4731.0422 A1 AND A2 VALUES FOR RADIONUCLIDES.

Subpart 1.

[Repealed, 32 SR 831]

Subp. 1a.

A1 and A2 values.

Element and atomic number and symbol of radionuclide
A1 (TBq) A1 (Ci)b A2 (TBq) A2 (Ci)b
Actinium (89)
Ac-225a 8.0 x 10-1 2.2 x 101 6.0 x 10-3 1.6 x 10-1
Ac-227a 9.0 x 10-1 2.4 x 101 9.0 x 10-5 2.4 x 10-3
Ac-228 6.0 x 10-1 1.6 x 101 5.0 x 10-1 1.4 x 101
Silver (47)
Ag-105 2.0 5.4 x 101 2.0 5.4 x 101
Ag-108ma 7.0 x 10-1 1.9 x 101 7.0 x 10-1 1.9 x 101
Ag-110ma 4.0 x 10-1 1.1 x 101 4.0 x 10-1 1.1 x 101
Ag-111 2.0 5.4 x 101 6.0 x 10-1 1.6 x 101
Aluminum (13)
Al-26 1.0 x 10-1 2.7 1.0 x 10-1 2.7
Americium (95)
Am-241 1.0 x 101 2.7 x 102 1.0 x 10-3 2.7 x 10-2
Am-242ma 1.0x 101 2.7 x 102 1.0 x 10-3 2.7 x 10-2
Am-243a 5.0 1.4 x 102 1.0 x 10-3 2.7 x 10-2
Argon (18)
Ar-37 4.0 x 101 1.1 x 103 4.0 x 101 1.1 x 103
Ar-39 4.0 x 101 1.1 x 103 2.0 x 101 5.4 x 102
Ar-41 3.0 x 10-1 8.1 3.0 x 10-1 8.1
Arsenic (33)
As-72 3.0 x 10-1 8.1 3.0 x 10-1 8.1
As-73 4.0 x 101 1.1 x 103 4.0 x 101 1.1 x 103
As-74 1.0 2.7 x 101 9.0 x 10-1 2.4 x 101
As-76 3.0 x 10-1 8.1 3.0 x 10-1 8.1
As-77 2.0 x 101 5.4 x 102 7.0 x 10-1 1.9 x 101
Astatine (85)
At-211a 2.0 x 101 5.4 x 102 5.0 x 10-1 1.4 x 101
Gold (79)
Au-193 7.0 1.9 x 102 2.0 5.4 x 101
Au-194 1.0 2.7 x 101 1.0 2.7 x 101
Au-195 1.0 x 101 2.7 x 102 6.0 1.6 x 102
Au-198 1.0 2.7 x 101 6.0 x 10-1 1.6 x 101
Au-199 1.0 x 101 2.7 x 102 6.0 x 10-1 1.6 x 101
Barium (56)
Ba-131a 2.0 5.4 x 101 2.0 5.4 x 101
Ba-133 3.0 8.1 x 101 3.0 8.1 x 101
Ba-133m 2.0 x 101 5.4 x 102 6.0 x 10-1 1.6 x 101
Ba-140a 5.0 x 10-1 1.4 x 101 3.0 x 10-1 8.1
Beryllium (4)
Be-7 2.0 x 101 5.4 x 102 2.0 x 101 5.4 x 102
Be-10 4.0 x 101 1.1 x 103 6.0 x 10-1 1.6 x 101
Bismuth (83)
Bi-205 7.0 x 10-1 1.9 x 101 7.0 x 10-1 1.9 x 101
Bi-206 3.0 x 10-1 8.1 3.0 x 10-1 8.1
Bi-207 7.0 x 10-1 1.9 x 101 7.0 x 10-1 1.9 x 101
Bi-210 1.0 2.7 x 101 6.0 x 10-1 1.6 x 101
Bi-210ma 6.0 x 10-1 1.6 x 101 2.0 x 10-2 5.4 x 10-1
Bi-212a 7.0 x 10-1 1.9 x 101 6.0 x 10-1 1.6 x 101
Berkelium (97)
Bk-247 8.0 2.2 x 102 8.0 x 10-4 2.2 x 10-2
Bk-249a 4.0 x 101 1.1 x 103 3.0 x 10-1 8.1
Bromine (35)
Br-76 4.0 x 10-1 1.1 x 101 4.0 x 10-1 1.1 x 101
Br-77 3.0 8.1 x 101 3.0 8.1 x 101
Br-82 4.0 x 10-1 1.1 x 101 4.0 x 10-1 1.1 x 101
Carbon (6)
C-11 1.0 2.7 x 101 6.0 x 10-1 1.6 x 101
C-14 4.0 x 101 1.1 x 103 3.0 8.1 x 101
Calcium (20)
Ca-41 Unlimited Unlimited Unlimited Unlimited
Ca-45 4.0 x 101 1.1 x 103 1.0 2.7 x 101
Ca-47a 3.0 8.1 x 101 3.0 x 10-1 8.1
Cadmium (48)
Cd-109 3.0 x 101 8.1 x 102 2.0 5.4 x 101
Cd-113m 4.0 x 101 1.1 x 103 5.0 x 10-1 1.4 x 101
Cd-115a 3.0 8.1 x 101 4.0 x 10-1 1.1 x 101
Cd-115m 5.0 x 10-1 1.4 x 101 5.0 x 10-1 1.4 x 101
Cerium (58)
Ce-139 7.0 1.9 x 102 2.0 5.4 x 101
Ce-141 2.0 x 101 5.4 x 102 6.0 x 10-1 1.6 x 101
Ce-143 9.0 x 10-1 2.4 x 101 6.0 x 10-1 1.6 x 101
Ce-144a 2.0 x 10-1 5.4 2.0 x 10-1 5.4
Californium (98)
Cf-248 4.0 x 101 1.1 x 103 6.0 x 10-3 1.6 x 10-1
Cf-249 3.0 8.1 x 101 8.0 x 10-4 2.2 x 10-2
Cf-250 2.0 x 101 5.4 x 102 2.0 x 10-3 5.4 x 10-2
Cf-251 7.0 1.9 x 102 7.0 x 10-4 1.9 x 10-2
Cf-252h 5.0 x 10-2 1.4 3.0 x 10-3 8.1 x 10-2
Cf-253a 4.0 x 101 1.1 x 103 4.0 x 10-2 1.1
Cf-254 1.0 x 10-3 2.7 x 10-2 1.0 x 10-3 2.7 x 10-2
Chlorine (17)
Cl-36 1.0 x 101 2.7 x 102 6.0 x 10-1 1.6 x 101
Cl-38 2.0 x 10-1 5.4 2.0 x 10-1 5.4
Curium (96)
Cm-240 4.0 x 101 1.1 x 103 2.0 x 10-2 5.4 x 10-1
Cm-241 2.0 5.4 x 101 1.0 2.7 x 101
Cm-242 4.0 x 101 1.1 x 103 1.0 x 10-2 2.7 x 10-1
Cm-243 9.0 2.4 x 102 1.0 x 10-3 2.7 x 10-2
Cm-244 2.0 x 101 5.4 x 102 2.0 x 10-3 5.4 x 10-2
Cm-245 9.0 2.4 x 102 9.0 x 10-4 2.4 x 10-2
Cm-246 9.0 2.4 x 102 9.0 x 10-4 2.4 x 10-2
Cm-247a 3.0 8.1 x 101 1.0 x 10-3 2.7 x 10-2
Cm-248 2.0 x 10-2 5.4 x 10-1 3.0 x 10-4 8.1 x 10-3
Cobalt (27)
Co-55 5.0 x 10-1 1.4 x 101 5.0 x 10-1 1.4 x 101
Co-56 3.0 x 10-1 8.1 3.0 x 10-1 8.1
Co-57 1.0 x 101 2.7 x 102 1.0 x 101 2.7 x 102
Co-58 1.0 2.7 x 101 1.0 2.7 x 101
Co-58m 4.0 x 101 1.1 x 103 4.0 x 101 1.1 x 103
Co-60 4.0 x 10-1 1.1 x 101 4.0 x 10-1 1.1 x 101
Chromium (24)
Cr-51 3.0 x 101 8.1 x 102 3.0 x 101 8.1 x 102
Cesium (55)
Cs-129 4.0 1.1 x 102 4.0 1.1 x 102
Cs-131 3.0 x 101 8.1 x 102 3.0 x 101 8.1 x 102
Cs-132 1.0 2.7 x 101 1.0 2.7 x 101
Cs-134 7.0 x 10-1 1.9 x 101 7.0 x 10-1 1.9 x 101
Cs-134m 4.0 x 101 1.1 x 103 6.0 x 10-1 1.6 x 101
Cs-135 4.0 x 101 1.1 x 103 1.0 2.7 x 101
Cs-136 5.0 x 10-1 1.4 x 101 5.0 x 10-1 1.4 x 101
Cs-137a 2.0 5.4 x 101 6.0 x 10-1 1.6 x 101
Copper (29)
Cu-64 6.0 1.6 x 102 1.0 2.7 x 101
Cu-67 1.0 x 101 2.7 x 102 7.0 x 10-1 1.9 x 101
Dysprosium (66)
Dy-159 2.0 x 101 5.4 x 102 2.0 x 101 5.4 x 102
Dy-165 9.0 x 10-1 2.4 x 101 6.0 x 10-1 1.6 x 101
Dy-166a 9.0 x 10-1 2.4 x 101 3.0 x 10-1 8.1
Erbium (68)
Er-169 4.0 x 101 1.1 x 103 1.0 2.7 x 101
Er-171 8.0 x 10-1 2.2 x 101 5.0 x 10-1 1.4 x 101
Europium (63)
Eu-147 2.0 5.4 x 101 2.0 5.4 x 101
Eu-148 5.0 x 10-1 1.4 x 101 5.0 x 10-1 1.4 x 101
Eu-149 2.0 x 101 5.4 x 102 2.0 x 101 5.4 x 102
Eu-150 (short-lived) 2.0 5.4 x 101 7.0 x 10-1 1.9 x 101
Eu-150 (long-lived) 7.0 x 10-1 1.9 x 101 7.0 x 10-1 1.9 x 101
Eu-152 1.0 2.7 x 101 1.0 2.7 x 101
Eu-152m 8.0 x 10-1 2.2 x 101 8.0 x 10-1 2.2 x 101
Eu-154 9.0 x 10-1 2.4 x 101 6.0 x 10-1 1.6 x 101
Eu-155 2.0 x 101 5.4 x 102 3.0 8.1 x 101
Eu-156 7.0 x 10-1 1.9 x 101 7.0 x 10-1 1.9 x 101
Fluorine (9)
F-18 1.0 2.7 x 101 6.0 x 10-1 1.6 x 101
Iron (26)
Fe-52a 3.0 x 10-1 8.1 3.0 x 10-1 8.1
Fe-55 4.0 x 101 1.1 x 103 4.0 x 101 1.1 x 103
Fe-59 9.0 x 10-1 2.4 x 101 9.0 x 10-1 2.4 x 101
Fe-60a 4.0 x 101 1.1 x 103 2.0 x 10-1 5.4
Gallium (31)
Ga-67 7.0 1.9 x 102 3.0 8.1 x 101
Ga-68 5.0 x 10-1 1.4 x 101 5.0 x 10-1 1.4 x 101
Ga-72 4.0 x 10-1 1.1 x 101 4.0 x 10-1 1.1 x 101
Gadolinium (64)
Gd-146a 5.0 x 10-1 1.4 x 101 5.0 x 10-1 1.4 x 101
Gd-148 2.0 x 101 5.4 x 102 2.0 x 10-3 5.4 x 10-2
Gd-153 1.0 x 101 2.7 x 102 9.0 2.4 x 102
Gd-159 3.0 8.1 x 101 6.0 x 10-1 1.6 x 101
Germanium (32)
Ge-68a 5.0 x 10-1 1.4 x 101 5.0 x 10-1 1.4 x 101
Ge-71 4.0 x 101 1.1 x 103 4.0 x 101 1.1 x 103
Ge-77 3.0 x 10-1 8.1 3.0 x 10-1 8.1
Hafnium (72)
Hf-172a 6.0 x 10-1 1.6 x 101 6.0 x 10-1 1.6 x 101
Hf-175 3.0 8.1 x 101 3.0 8.1 x 101
Hf-181 2.0 5.4 x 101 5.0 x 10-1 1.4 x 101
Hf-182 Unlimited Unlimited Unlimited Unlimited
Mercury (80)
Hg-194a 1.0 2.7 x 101 1.0 2.7 x 101
Hg-195ma 3.0 8.1 x 101 7.0 x 10-1 1.9 x 101
Hg-197 2.0 x 101 5.4 x 102 1.0 x 101 2.7 x 102
Hg-197m 1.0 x 101 2.7 x 102 4.0 x 10-1 1.1 x 101
Hg-203 5.0 1.4 x 102 1.0 2.7 x 101
Holmium (67)
Ho-166 4.0 x 10-1 1.1 x 101 4.0 x 10-1 1.1 x 101
Ho-166m 6.0 x 10-1 1.6 x 101 5.0 x 10-1 1.4 x 101
Iodine (53)
I-123 6.0 1.6 x 102 3.0 8.1 x 101
I-124 1.0 2.7 x 101 1.0 2.7 x 101
I-125 2.0 x 101 5.4 x 102 3.0 8.1 x 101
I-126 2.0 5.4 x 101 1.0 2.7 x 101
I-129 Unlimited Unlimited Unlimited Unlimited
I-131 3.0 8.1 x 101 7.0 x 10-1 1.9 x 101
I-132 4.0 x 10-1 1.1 x 101 4.0 x 10-1 1.1 x 101
I-133 7.0 x 10-1 1.9 x 101 6.0 x 10-1 1.6 x 101
I-134 3.0 x 10-1 8.1 3.0 x 10-1 8.1
I-135a 6.0 x 10-1 1.6 x 101 6.0 x 10-1 1.6 x 101
Indium (49)
In-111 3.0 8.1 x 101 3.0 8.1 x 101
In-113m 4.0 1.1 x 102 2.0 5.4 x 101
In-114ma 1.0 x 101 2.7 x 102 5.0 x 10-1 1.4 x 101
In-115m 7.0 1.9 x 102 1.0 2.7 x 101
Iridium (77)
Ir-189a 1.0 x 101 2.7 x 102 1.0 x 101 2.7 x 102
Ir-190 7.0 x 10-1 1.9 x 101 7.0 x 10-1 1.9 x 101
Ir-192c 1.0 2.7 x 101 6.0 x 10-1 1.6 x 101
Ir-194 3.0 x 10-1 8.1 3.0 x 10-1 8.1
Potassium (19)
K-40 9.0 x 10-1 2.4 x 101 9.0 x 10-1 2.4 x 101
K-42 2.0 x 10-1 5.4 2.0 x 10-1 5.4
K-43 7.0 x 10-1 1.9 x 101 6.0 x 10-1 1.6 x 101
Krypton (36)
Kr-81 4.0 x 101 1.1 x 103 4.0 x 101 1.1 x 103
Kr-85 1.0 x 101 2.7 x 102 1.0 x 101 2.7 x 102
Kr-85m 8.0 2.2 x 102 3.0 8.1 x 101
Kr-87 2.0 x 10-1 5.4 2.0 x 10-1 5.4
Lanthanum (57)
La-137 3.0 x 101 8.1 x 102 6.0 1.6 x 102
La-140 4.0 x 10-1 1.1 x 101 4.0 x 10-1 1.1 x 101
Lutetium (71)
Lu-172 6.0 x 10-1 1.6 x 101 6.0 x 10-1 1.6 x 101
Lu-173 8.0 2.2 x 102 8.0 2.2 x 102
Lu-174 9.0 2.4 x 102 9.0 2.4 x 102
Lu-174m 2.0 x 101 5.4 x 102 1.0 x 101 2.7 x 102
Lu-177 3.0 x 101 8.1 x 102 7.0 x 10-1 1.9 x 101
Magnesium (12)
Mg-28a 3.0 x 10-1 8.1 3.0 x 10-1 8.1
Manganese (25)
Mn-52 3.0 x 10-1 8.1 3.0 x 10-1 8.1
Mn-53 Unlimited Unlimited Unlimited Unlimited
Mn-54 1.0 2.7 x 101 1.0 2.7 x 101
Mn-56 3.0 x 10-1 8.1 3.0 x 10-1 8.1
Molybdenum (42)
Mo-93 4.0 x 101 1.1 x 103 2.0 x 101 5.4 x 102
Mo-99a,i 1.0 2.7 x 101 6.0 x 10-1 1.6 x 101
Nitrogen (7)
N-13 9.0 x 10-1 2.4 x 101 6.0 x 10-1 1.6 x 101
Sodium (11)
Na-22 5.0 x 10-1 1.4 x 101 5.0 x 10-1 1.4 x 101
Na-24 2.0 x 10-1 5.4 2.0 x 10-1 5.4
Niobium (41)
Nb-93m 4.0 x 101 1.1 x 103 3.0 x 101 8.1 x 102
Nb-94 7.0 x 10-1 1.9 x 101 7.0 x 10-1 1.9 x 101
Nb-95 1.0 2.7 x 101 1.0 2.7 x 101
Nb-97 9.0 x 10-1 2.4 x 101 6.0 x 10-1 1.6 x 101
Neodymium (60)
Nd-147 6.0 1.6 x 102 6.0 x 10-1 1.6 x 101
Nd-149 6.0 x 10-1 1.6 x 101 5.0 x 10-1 1.4 x 101
Nickel (28)
Ni-59 Unlimited Unlimited Unlimited Unlimited
Ni-63 4.0 x 101 1.1 x 103 3.0 x 101 8.1 x 102
Ni-65 4.0 x 10-1 1.1 x 101 4.0 x 10-1 1.1 x 101
Neptunium (93)
Np-235 4.0 x 101 1.1 x 103 4.0 x 101 1.1 x 103
Np-236 (short-lived) 2.0 x 101 5.4 x 102 2.0 5.4 x 101
Np-236 (long-lived) 9.0 x 100 2.4 x 102 2.0 x 10-2 5.4 x 10-1
Np-237 2.0 x 101 5.4 x 102 2.0 x 10-3 5.4 x 10-2
Np-239 7.0 1.9 x 102 4.0 x 10-1 1.1 x 101
Osmium (76)
Os-185 1.0 2.7 x 101 1.0 2.7 x 101
Os-191 1.0 x 101 2.7 x 102 2.0 5.4 x 101
Os-191m 4.0 x 101 1.1 x 103 3.0 x 101 8.1 x 102
Os-193 2.0 5.4 x 101 6.0 x 10-1 1.6 x 101
Os-194a 3.0 x 10-1 8.1 3.0 x 10-1 8.1
Phosphorus (15)
P-32 5.0 x 10-1 1.4 x 101 5.0 x 10-1 1.4 x 101
P-33 4.0 x 101 1.1 x 103 1.0 2.7 x 101
Protactinium (91)
Pa-230a 2.0 5.4 x 101 7.0 x 10-2 1.9
Pa-231 4.0 1.1 x 102 4.0 x 10-4 1.1 x 10-2
Pa-233 5.0 1.4 x 102 7.0 x 10-1 1.9 x 101
Lead (82)
Pb-201 1.0 2.7 x 101 1.0 2.7 x 101
Pb-202 4.0 x 101 1.1 x 103 2.0 x 101 5.4 x 102
Pb-203 4.0 1.1 x 102 3.0 8.1 x 101
Pb-205 Unlimited Unlimited Unlimited Unlimited
Pb-210a 1.0 2.7 x 101 5.0 x 10-2 1.4
Pb-212a 7.0 x 10-1 1.9 x 101 2.0 x 10-1 5.4
Palladium (46)
Pd-103a 4.0 x 101 1.1 x 103 4.0 x 101 1.1 x 103
Pd-107 Unlimited Unlimited Unlimited Unlimited
Pd-109 2.0 5.4 x 101 5.0 x 10-1 1.4 x 101
Promethium (61)
Pm-143 3.0 8.1 x 101 3.0 8.1 x 101
Pm-144 7.0 x 10-1 1.9 x 101 7.0 x 10-1 1.9 x 101
Pm-145 3.0 x 101 8.1 x 102 1.0 x 101 2.7 x 102
Pm-147 4.0 x 101 1.1 x 103 2.0 5.4 x 101
Pm-148ma 8.0 x 10-1 2.2 x 101 7.0 x 10-1 1.9 x 101
Pm-149 2.0 5.4 x 101 6.0 x 10-1 1.6 x 101
Pm-151 2.0 5.4 x 101 6.0 x 10-1 1.6 x 101
Polonium (84)
Po-210 4.0 x 101 1.1 x 103 2.0 x 10-2 5.4 x 10-1
Praseodymium (59)
Pr-142 4.0 x 10-1 1.1 x 101 4.0 x 10-1 1.1 x 101
Pr-143 3.0 8.1 x 101 6.0 x 10-1 1.6 x 101
Platinum (78)
Pt-188a 1.0 2.7 x 101 8.0 x 10-1 2.2 x 101
Pt-191 4.0 1.1 x 102 3.0 8.1 x 101
Pt-193 4.0 x 101 1.1 x 103 4.0 x 101 1.1 x 103
Pt-193m 4.0 x 101 1.1 x 103 5.0 x 10-1 1.4 x 101
Pt-195m 1.0 x 101 2.7 x 102 5.0 x 10-1 1.4 x 101
Pt-197 2.0 x 101 5.4 x 102 6.0 x 10-1 1.6 x 101
Pt-197m 1.0 x 101 2.7 x 102 6.0 x 10-1 1.6 x 101
Plutonium (94)
Pu-236 3.0 x 101 8.1 x 102 3.0 x 10-3 8.1 x 10-2
Pu-237 2.0 x 101 5.4 x 102 2.0 x 101 5.4 x 102
Pu-238 1.0 x 101 2.7 x 102 1.0 x 10-3 2.7 x 10-2
Pu-239 1.0 x 101 2.7 x 102 1.0 x 10-3 2.7 x 10-2
Pu-240 1.0 x 101 2.7 x 102 1.0 x 10-3 2.7 x 10-2
Pu-241a 4.0 x 101 1.1 x 103 6.0 x 10-2 1.6
Pu-242 1.0 x 101 2.7 x 102 1.0 x 10-3 2.7 x 10-2
Pu-244a 4.0 x 10-1 1.1 x 101 1.0 x 10-3 2.7 x 10-2
Radium (88)
Ra-223a 4.0 x 10-1 1.1 x 101 7.0 x 10-3 1.9 x 10-1
Ra-224a 4.0 x 10-1 1.1 x 101 2.0 x 10-2 5.4 x 10-1
Ra-225a 2.0 x 10-1 5.4 4.0 x 10-3 1.1 x 10-1
Ra-226a 2.0 x 10-1 5.4 3.0 x 10-3 8.1 x 10-2
Ra-228a 6.0 x 10-1 1.6 x 101 2.0 x 10-2 5.4 x 10-1
Rubidium (37)
Rb-81 2.0 5.4 x 101 8.0 x 10-1 2.2 x 101
Rb-83a 2.0 5.4 x 101 2.0 5.4 x 101
Rb-84 1.0 2.7 x 101 1.0 2.7 x 101
Rb-86 5.0 x 10-1 1.4 x 101 5.0 x 10-1 1.4 x 101
Rb-87 Unlimited Unlimited Unlimited Unlimited
Rb (nat) Unlimited Unlimited Unlimited Unlimited
Rhenium (75)
Re-184 1.0 2.7 x 101 1.0 2.7 x 101
Re-184m 3.0 8.1 x 101 1.0 2.7 x 101
Re-186 2.0 5.4 x 101 6.0 x 10-1 1.6 x 101
Re-187 Unlimited Unlimited Unlimited Unlimited
Re-188 4.0 x 10-1 1.1 x 101 4.0 x 10-1 1.1 x 101
Re-189a 3.0 8.1 x 101 6.0 x 10-1 1.6 x 101
Re (nat) Unlimited Unlimited Unlimited Unlimited
Rhodium (45)
Rh-99 2.0 5.4 x 101 2.0 5.4 x 101
Rh-101 4.0 1.1 x 102 3.0 8.1 x 101
Rh-102 5.0 x 10-1 1.4 x 101 5.0 x 10-1 1.4 x 101
Rh-102m 2.0 5.4 x 101 2.0 5.4 x 101
Rh-103m 4.0 x 101 1.1 x 103 4.0 x 101 1.1 x 103
Rh-105 1.0 x 101 2.7 x 102 8.0 x 10-1 2.2 x 101
Radon (86)
Rn-222a 3.0 x 10-1 8.1 4.0 x 10-3 1.1 x 10-1
Ruthenium (44)
Ru-97 5.0 1.4 x 102 5.0 1.4 x 102
Ru-103a 2.0 5.4 x 101 2.0 5.4 x 101
Ru-105 1.0 2.7 x 101 6.0 x 10-1 1.6 x 101
Ru-106a 2.0 x 10-1 5.4 2.0 x 10-1 5.4
Sulphur (16)
S-35 4.0 x 101 1.1 x 103 3.0 8.1 x 101
Antimony (51)
Sb-122 4.0 x 10-1 1.1 x 101 4.0 x 10-1 1.1 x 101
Sb-124 6.0 x 10-1 1.6 x 101 6.0 x 10-1 1.6 x 101
Sb-125 2.0 5.4 x 101 1.0 2.7 x 101
Sb-126 4.0 x 10-1 1.1 x 101 4.0 x 10-1 1.1 x 101
Scandium (21)
Sc-44 5.0 x 10-1 1.4 x 101 5.0 x 10-1 1.4 x 101
Sc-46 5.0 x 10-1 1.4 x 101 5.0 x 10-1 1.4 x 101
Sc-47 1.0 x 101 2.7 x 102 7.0 x 10-1 1.9 x 101
Sc-48 3.0 x 10-1 8.1 3.0 x 10-1 8.1
Selenium (34)
Se-75 3.0 8.1 x 101 3.0 8.1 x 101
Se-79 4.0 x 101 1.1 x 103 2.0 5.4 x 101
Silicon (14)
Si-31 6.0 x 10-1 1.6 x 101 6.0 x 10-1 1.6 x 101
Si-32 4.0 x 101 1.1 x 103 5.0 x 10-1 1.4 x 101
Samarium (62)
Sm-145 1.0 x 101 2.7 x 102 1.0 x 101 2.7 x 102
Sm-147 Unlimited Unlimited Unlimited Unlimited
Sm-151 4.0 x 101 1.1 x 103 1.0 x 101 2.7 x 102
Sm-153 9.0 2.4 x 102 6.0 x 10-1 1.6 x 101
Tin (50)
Sn-113a 4.0 1.1 x 102 2.0 5.4 x 101
Sn-117m 7.0 1.9 x 102 4.0 x 10-1 1.1 x 101
Sn-119m 4.0 x 101 1.1 x 103 3.0 x 101 8.1 x 102
Sn-121ma 4.0 x 101 1.1 x 103 9.0 x 10-1 2.4 x 101
Sn-123 8.0 x 10-1 2.2 x 101 6.0 x 10-1 1.6 x 101
Sn-125 4.0 x 10-1 1.1 x 101 4.0 x 10-1 1.1 x 101
Sn-126a 6.0 x 10-1 1.6 x 101 4.0 x 10-1 1.1 x 101
Strontium (38)
Sr-82a 2.0 x 10-1 5.4 2.0 x 10-1 5.4
Sr-85 2.0 5.4 x 101 2.0 5.4 x 101
Sr-85m 5.0 1.4 x 102 5.0 1.4 x 102
Sr-87m 3.0 8.1 x 101 3.0 8.1 x 101
Sr-89 6.0 x 10-1 1.6 x 101 6.0 x 10-1 1.6 x 101
Sr-90a 3.0 x 10-1 8.1 3.0 x 10-1 8.1
Sr-91a 3.0 x 10-1 8.1 3.0 x 10-1 8.1
Sr-92a 1.0 2.7 x 101 3.0 x 10-1 8.1
Tritium (1)
T (H-3) 4.0 x 101 1.1 x 103 4.0 x 101 1.1 x 103
Tantalum (73)
Ta-178 (long-lived) 1.0 2.7 x 101 8.0 x 10-1 2.2 x 101
Ta-179 3.0 x 101 8.1 x 102 3.0 x 101 8.1 x 102
Ta-182 9.0 x 10-1 2.4 x 101 5.0 x 10-1 1.4 x 101
Terbium (65)
Tb-157 4.0 x 101 1.1 x 103 4.0 x 101 1.1 x 103
Tb-158 1.0 2.7 x 101 1.0 2.7 x 101
Tb-160 1.0 2.7 x 101 6.0 x 10-1 1.6 x 101
Technetium (43)
Tc-95ma 2.0 5.4 x 101 2.0 5.4 x 101
Tc-96 4.0 x 10-1 1.1 x 101 4.0 x 10-1 1.1 x 101
Tc-96ma 4.0 x 10-1 1.1 x 101 4.0 x 10-1 1.1 x 101
Tc-97 Unlimited Unlimited Unlimited Unlimited
Tc-97m 4.0 x 101 1.1 x 103 1.0 2.7 x 101
Tc-98 8.0 x 10-1 2.2 x 101 7.0 x 10-1 1.9 x 101
Tc-99 4.0 x 101 1.1 x 103 9.0 x 10-1 2.4 x 101
Tc-99m 1.0 x 101 2.7 x 102 4.0 1.1 x 102
Tellurium (52)
Te-121 2.0 5.4 x 101 2.0 5.4 x 101
Te-121m 5.0 1.4 x 102 3.0 8.1 x 101
Te-123m 8.0 2.2 x 102 1.0 2.7 x 101
Te-125m 2.0 x 101 5.4 x 102 9.0 x 10-1 2.4 x 101
Te-127 2.0 x 101 5.4 x 102 7.0 x 10-1 1.9 x 101
Te-127ma 2.0 x 101 5.4 x 102 5.0 x 10-1 1.4 x 101
Te-129 7.0 x 10-1 1.9 x 101 6.0 x 10-1 1.6 x 101
Te-129ma 8.0 x 10-1 2.2 x 101 4.0 x 10-1 1.1 x 101
Te-131ma 7.0 x 10-1 1.9 x 101 5.0 x 10-1 1.4 x 101
Te-132a 5.0 x 10-1 1.4 x 101 4.0 x 10-1 1.1 x 101
Thorium (90)
Th-227 1.0 x 101 2.7 x 102 5.0 x 10-3 1.4 x 10-1
Th-228a 5.0 x 10-1 1.4 x 101 1.0 x 10-3 2.7 x 10-2
Th-229 5.0 1.4 x 102 5.0 x 10-4 1.4 x 10-2
Th-230 1.0 x 101 2.7 x 102 1.0 x 10-3 2.7 x 10-2
Th-231 4.0 x 101 1.1 x 103 2.0 x 10-2 5.4 x 10-1
Th-232 Unlimited Unlimited Unlimited Unlimited
Th-234a 3.0 x 10-1 8.1 3.0 x 10-1 8.1
Th (nat) Unlimited Unlimited Unlimited Unlimited
Titanium (22)
Ti-44a 5.0 x 10-1 1.4 x 101 4.0 x 10-1 1.1 x 101
Thallium (81)
Tl-200 9.0 x 10-1 2.4 x 101 9.0 x 10-1 2.4 x 101
Tl-201 1.0 x 101 2.7 x 102 4.0 1.1 x 102
Tl-202 2.0 5.4 x 101 2.0 5.4 x 101
Tl-204 1.0 x 101 2.7 x 102 7.0 x 10-1 1.9 x 101
Thulium (69)
Tm-167 7.0 1.9 x 102 8.0 x 10-1 2.2 x 101
Tm-170 3.0 8.1 x 101 6.0 x 10-1 1.6 x 101
Tm-171 4.0 x 101 1.1 x 103 4.0 x 101 1.1 x 103
Uranium (92)
U-230 (fast lung absorption)a,d 4.0 x 101 1.1 x 103 1.0 x 10-1 2.7
U-230 (medium lung absorption)a,e 4.0 x 101 1.1 x 103 4.0 x 10-3 1.1 x 10-1
U-230 (slow lung absorption)a,f 3.0 x 101 8.1 x 102 3.0 x 10-3 8.1 x 10-2
U-232 (fast lung absorption)d 4.0 x 101 1.1 x 103 1.0 x 10-2 2.7 x 10-1
U-232 (medium lung absorption)e 4.0 x 101 1.1 x 103 7.0 x 10-3 1.9 x 10-1
U-232 (slow lung absorption)f 1.0 x 101 2.7 x 102 1.0 x 10-3 2.7 x 10-2
U-233 (fast lung absorption)d 4.0 x 101 1.1 x 103 9.0 x 10-2 2.4
U-233 (medium lung absorption)e 4.0 x 101 1.1 x 103 2.0 x 10-2 5.4 x 10-1
U-233 (slow lung absorption)f 4.0 x 101 1.1 x 103 6.0 x 10-3 1.6 x 10-1
U-234 (fast lung absorption)d 4.0 x 101 1.1 x 103 9.0 x 10-2 2.4
U-234 (medium lung absorption)e 4.0 x 101 1.1 x 103 2.0 x 10-2 5.4 x 10-1
U-234 (slow lung absorption)f 4.0 x 101 1.1 x 103 6.0 x 10-3 1.6 x 10-1
U-235 (all lung absorption types)a,d,e,f Unlimited Unlimited Unlimited Unlimited
U-236 (fast lung absorption)d Unlimited Unlimited Unlimited Unlimited
U-236 (medium lung absorption)e 4.0 x 101 1.1 x 103 2.0 x 10-2 5.4 x 10-1
U-236 (slow lung absorption)f 4.0 x 101 1.1 x 103 6.0 x 10-3 1.6 x 10-1
U-238 (all lung absorption types)d,e,f Unlimited Unlimited Unlimited Unlimited
U (nat) Unlimited Unlimited Unlimited Unlimited
U (enriched to 20% or less)g Unlimited Unlimited Unlimited Unlimited
U (dep) Unlimited Unlimited Unlimited Unlimited
Vanadium (23)
V-48 4.0 x 10-1 1.1 x 101 4.0 x 10-1 1.1 x 101
V-49 4.0 x 101 1.1 x 103 4.0 x 101 1.1 x 103
Tungsten (74)
W-178a 9.0 2.4 x 102 5.0 1.4 x 102
W-181 3.0 x 101 8.1 x 102 3.0 x 101 8.1 x 102
W-185 4.0 x 101 1.1 x 103 8.0 x 10-1 2.2 x 101
W-187 2.0 5.4 x 101 6.0 x 10-1 1.6 x 101
W-188a 4.0 x 10-1 1.1 x 101 3.0 x 10-1 8.1
Xenon (54)
Xe-122a 4.0 x 10-1 1.1 x 101 4.0 x 10-1 1.1 x 101
Xe-123 2.0 5.4 x 101 7.0 x 10-1 1.9 x 101
Xe-127 4.0 1.1 x 102 2.0 5.4 x 101
Xe-131m 4.0 x 101 1.1 x 103 4.0 x 101 1.1 x 103
Xe-133 2.0 x 101 5.4 x 102 1.0 x 101 2.7 x 102
Xe-135 3.0 8.1 x 101 2.0 5.4 x 101
Yttrium (39)
Y-87a 1.0 2.7 x 101 1.0 2.7 x 101
Y-88 4.0 x 10-1 1.1 x 101 4.0 x 10-1 1.1 x 101
Y-90 3.0 x 10-1 8.1 3.0 x 10-1 8.1
Y-91 6.0 x 10-1 1.6 x 101 6.0 x 10-1 1.6 x 101
Y-91m 2.0 5.4 x 101 2.0 5.4 x 101
Y-92 2.0 x 10-1 5.4 2.0 x 10-1 5.4
Y-93 3.0 x 10-1 8.1 3.0 x 10-1 8.1
Ytterbium (70)
Yb-169 4.0 1.1 x 102 1.0 2.7 x 101
Yb-175 3.0 x 101 8.1 x 102 9.0 x 10-1 2.4 x 101
Zinc (30)
Zn-65 2.0 5.4 x 101 2.0 5.4 x 101
Zn-69 3.0 8.1 x 101 6.0 x 10-1 1.6 x 101
Zn-69ma 3.0 8.1 x 101 6.0 x 10-1 1.6 x 101
Zirconium (40)
Zr-88 3.0 8.1 x 101 3.0 8.1 x 101
Zr-93 Unlimited Unlimited Unlimited Unlimited
Zr-95a 2.0 5.4 x 101 8.0 x 10-1 2.2 x 101
Zr-97a 4.0 x 10-1 1.1 x 101 4.0 x 10-1 1.1 x 101

aA1 and A2 values include contributions from daughter nuclides with half-lives less than ten days.

bThe values of A1 and A2 in curies (Ci) are approximate and for information only; the regulatory standard units are Terabecquerels (TBq). See part 4731.0423, subpart 1 - Determination of A1 and A2.

cThe quantity may be determined from a measurement of the rate of decay or a measurement of the radiation level at a prescribed distance from the source.

dThese values apply only to compounds of uranium that take the chemical form of UF6, UO2F2, and UO2(NO3)2 in both normal and accident conditions of transport.

eThese values apply only to compounds of uranium that take the chemical form of UO3, UF4, and UCl4 and hexavalent compounds in both normal and accident conditions of transport.

fThese values apply to all compounds of uranium other than those specified in notes d and e.

gThese values apply to unirradiated uranium only.

hA1 = 0.1 TBq (2.7 Ci) and A2 = 0.001 TBq (0.027 Ci) for Cf-252 for domestic use.

iA2 = 0.74 TBq (20 Ci) for Mo-99 for domestic use.

Subp. 2.

Specific activity.

This subpart specifies specific activity for individual radionuclides.

Element and Atomic Number and Symbol of Radionuclide Specific Activity
(TBq/g) (Ci/g)
Actinium (89)
Ac-225 2.1 x 103 5.8 x 104
Ac-227 2.7 7.2 x 101
Ac-228 8.4 x 104 2.2 x 106
Silver (47)
Ag-105 1.1 x 103 3.0 x 104
Ag-108m 9.7 x 10-1 2.6 x 101
Ag-110m 1.8 x 102 4.7 x 103
Ag-111 5.8 x 103 1.6 x 105
Aluminum (13)
Al-26 7.0 x 10-4 1.9 x 10-2
Americium (95)
Am-241 1.3 x 10-1 3.4
Am-242m 3.6 x 10-1 1.0 x 101
Am-243 7.4 x 10-3 2.0 x 10-1
Argon (18)
Ar-37 3.7 x 103 9.9 x 104
Ar-39 1.3 3.4 x 101
Ar-41 1.5 x 106 4.2 x 107
Ar-42 9.6 2.6 x 102
Arsenic (33)
As-72 6.2 x 104 1.7 x 106
As-73 8.2 x 102 2.2 x 104
As-74 3.7 x 103 9.9 x 104
As-76 5.8 x 104 1.6 x 106
As-77 3.9 x 104 1.0 x 106
Astatine (85)
At-211 7.6 x 104 2.1 x 106
Gold (79)
Au-193 3.4 x 104 9.2 x 105
Au-194 1.5 x 104 4.1 x 105
Au-195 1.4 x 102 3.7 x 103
Au-196 4.0 x 103 1.1 x 105
Au-198 9.0 x 103 2.4 x 105
Au-199 7.7 x 103 2.1 x 105
Barium (56)
Ba-131 3.1 x 103 8.4 x 104
Ba-133m 2.2 x 104 6.1 x 105
Ba-133 9.4 2.6 x 102
Ba-140 2.7 x 103 7.3 x 104
Beryllium (4)
Be-7 1.3 x 104 3.5 x 105
Be-10 8.3 x 10-4 2.2 x 10-2
Bismuth (83)
Bi-205 1.5 x 103 4.2 x 104
Bi-206 3.8 x 103 1.0 x 105
Bi-207 1.9 5.2 x 101
Bi-210m 2.1 x 10-5 5.7 x 10-4
Bi-210 4.6 x 103 1.2 x 105
Bi-212 5.4 x 105 1.5 x 107
Berkelium (97)
Bk-247 3.8 x 10-2 1.0
Bk-249 6.1 x 101 1.6 x 103
Bromine (35)
Br-76 9.4 x 104 2.5 x 106
Br-77 2.6 x 104 7.1 x 105
Br-82 4.0 x 104 1.1 x 106
Carbon (6)
C-11 3.1 x 107 8.4 x 108
C-14 1.6 x 10-1 4.5
Calcium (20)
Ca-41 3.1 x 10-3 8.5 x 10-2
Ca-45 6.6 x 102 1.8 x 104
Ca-47 2.3 x 104 6.1 x 105
Cadmium (48)
Cd-109 9.6 x 101 2.6 x 103
Cd-113m 8.3 2.2 x 102
Cd-115m 9.4 x 102 2.5 x 104
Cd-115 1.9 x 104 5.1 x 105
Cerium (58)
Ce-139 2.5 x 102 6.8 x 103
Ce-141 1.1 x 103 2.8 x 104
Ce-143 2.5 x 104 6.6 x 105
Ce-144 1.2 x 102 3.2 x 103
Californium (98)
Cf-248 5.8 x 101 1.6 x 103
Cf-249 1.5 x 10-1 4.1
Cf-250 4.0 1.1 x 102
Cf-251 5.9 x 10-2 1.6
Cf-252 2.0 x 101 5.4 x 102
Cf-253 1.1 x 103 2.9 x 104
Cf-254 3.1 x 102 8.5 x 103
Chlorine (17)
Cl-36 1.2 x 10-3 3.3 x 10-2
Cl-38 4.9 x 106 1.3 x 108
Curium (96)
Cm-240 7.5 x 102 2.0 x 104
Cm-241 6.1 x 102 1.7 x 104
Cm-242 1.2 x 102 3.3 x 103
Cm-243 1.9 x 10-3 5.2 x 101
Cm-244 3.0 8.1 x 101
Cm-245 6.4 x 10-3 1.7 x 10-1
Cm-246 1.1 x 10-2 3.1 x 10-1
Cm-247 3.4 x 10-6 9.3 x 10-5
Cm-248 1.6 x 10-4 4.2 x 10-3
Cobalt (27)
Co-55 1.1 x 105 3.1 x 106
Co-56 1.1 x 103 3.0 x 104
Co-57 3.1 x 102 8.4 x 103
Co-58m 2.2 x 105 5.9 x 106
Co-58 1.2 x 103 3.2 x 104
Co-60 4.2 x 101 1.1 x 103
Chromium (24)
Cr-51 3.4 x 103 9.2 x 104
Cesium (55)
Cs-129 2.8 x 104 7.6 x 105
Cs-131 3.8 x 103 1.0 x 105
Cs-132 5.7 x 103 1.5 x 105
Cs-134m 3.0 x 105 8.0 x 106
Cs-134 4.8 x 101 1.3 x 103
Cs-135 4.3 x 10-5 1.2 x 10-3
Cs-136 2.7 x 103 7.3 x 104
Cs-137 3.2 8.7 x 101
Copper (29)
Cu-64 1.4 x 105 3.9 x 106
Cu-67 2.8 x 104 7.6 x 105
Dysprosium (66)
Dy-159 2.1 x 102 5.7 x 103
Dy-165 3.0 x 105 8.2 x 106
Dy-166 8.6 x 103 2.3 x 105
Erbium (68)
Er-169 3.1 x 103 8.3 x 104
Er-171 9.0 x 104 2.4 x 106
Einsteinium (99)
Es-253 --- ---
Es-254 --- ---
Es-254m --- ---
Es-255 --- ---
Europium (63)
Eu-147 1.4 x 103 3.7 x 104
Eu-148 6.0 x 102 1.6 x 104
Eu-149 3.5 x 102 9.4 x 103
Eu-150 6.1 x 104 1.6 x 106
Eu-152m 8.2 x 104 2.2 x 106
Eu-152 6.5 1.8 x 102
Eu-154 9.8 2.6 x 102
Eu-155 1.8 x 101 4.9 x 102
Eu-156 2.0 x 103 5.5 x 104
Fluorine (9)
F-18 3.5 x 106 9.5 x 107
Iron (26)
Fe-52 2.7 x 105 7.3 x 106
Fe-55 8.8 x 101 2.4 x 103
Fe-59 1.8 x 103 5.0 x 104
Fe-60 7.4 x 10-4 2.0 x 10-2
Fermium (100)
Fm-255 --- ---
Fm-257 --- ---
Gallium (31)
Ga-67 2.2 x 104 6.0 x 105
Ga-68 1.5 x 106 4.1 x 107
Ga-72 1.1 x 105 3.1 x 106
Gadolinium (64)
Gd-146 6.9 x 102 1.9 x 104
Gd-148 1.2 3.2 x 101
Gd-153 1.3 x 102 3.5 x 103
Gd-159 3.9 x 104 1.1 x 106
Germanium (32)
Ge-68 2.6 x 102 7.1 x 103
Ge-71 5.8 x 103 1.6 x 105
Ge-77 1.3 x 105 3.6 x 106
Hydrogen (1)
H-3 (T) 3.6 x 102 9.7 x 103
Hafnium (72)
Hf-172 4.1 x 101 1.1 x 103
Hf-175 3.9 x 102 1.1 x 104
Hf-181 6.3 x 102 1.7 x 104
Hf-182 8.1 x 10-6 2.2 x 10-4
Mercury (80)
Hg-194 1.3 x 10-1 3.5
Hg-195m 1.5 x 104 4.0 x 105
Hg-197m 2.5 x 104 6.7 x 105
Hg-197 9.2 x 103 2.5 x 105
Hg-203 5.1 x 102 1.4 x 104
Holmium (67)
Ho-163 2.7 7.6 x 101
Ho-166m 6.6 x 10-2 1.8
Ho-166 2.6 x 104 7.0 x 105
Iodine (53)
I-123 7.1 x 104 1.9 x 106
I-124 9.3 x 103 2.5 x 105
I-125 6.4 x 102 1.7 x 104
I-126 2.9 x 103 8.0 x 104
I-129 6.5 x 10-6 1.8 x 10-4
I-131 4.6 x 103 1.2 x 105
I-132 3.8 x 105 1.0 x 107
I-133 4.2 x 104 1.1 x 106
I-134 9.9 x 105 2.7 x 107
I-135 1.3 x 105 3.5 x 106
Indium (49)
In-111 1.5 x 104 4.2 x 105
In-113m 6.2 x 105 1.7 x 107
In-114m 8.6 x 102 2.3 x 104
In-115m 2.2 x 105 6.1 x 106
Iridium (77)
Ir-189 1.9 x 103 5.2 x 104
Ir-190 2.3 x 103 6.2 x 104
Ir-192 3.4 x 102 9.2 x 103
Ir-193m 2.4 x 103 6.4 x 104
Ir-194 3.1 x 104 8.4 x 105
Potassium (19)
K-40 2.4 x 10-7 6.4 x 10-6
K-42 2.2 x 105 6.0 x 106
K-43 1.2 x 105 3.3 x 106
Krypton (36)
Kr-81 7.8 x 10-4 2.1 x 10-2
Kr-85m 3.0 x 105 8.2 x 106
Kr-85 1.5 x 101 3.9 x 102
Kr-87 1.0 x 106 2.8 x 107
Lanthanum (57)
La-137 1.6 x 10-3 4.4 x 10-2
La-140 2.1 x 104 5.6 x 105
Lutetium (71)
Lu-172 4.2 x 103 1.1 x 105
Lu-173 5.6 x 101 1.5 x 103
Lu-174m 2.0 x 102 5.3 x 103
Lu-174 2.3 x 101 6.2 x 102
Lu-177 4.1 x 103 1.1 x 105
Magnesium (12)
Mg-28 2.0 x 105 5.4 x 106
Manganese (25)
Mn-52 1.6 x 104 4.4 x 105
Mn-53 6.8 x 10-5 1.8 x 10-3
Mn-54 2.9 x 102 7.7 x 103
Mn-56 8.0 x 105 2.2 x 107
Molybdenum (42)
Mo-93 4.1 x 10-2 1.1
Mo-99 1.8 x 104 4.8 x 105
Nitrogen (7)
N-13 5.4 x 107 1.5 x 109
Sodium (11)
Na-22 2.3 x 102 6.3 x 103
Na-24 3.2 x 105 8.7 x 106
Niobium (41)
Nb-92m 5.2 x 103 1.4 x 105
Nb-93m 8.8 2.4 x 102
Nb-94 6.9 x 10-3 1.9 x 10-1
Nb-95 1.5 x 103 3.9 x 104
Nb-97 9.9 x 105 2.7 x 107
Neodymium (60)
Nd-147 3.0 x 103 8.1 x 104
Nd-149 4.5 x 105 1.2 x 107
Nickel (28)
Ni-59 3.0 x 10-3 8.0 x 10-2
Ni-63 2.1 5.7 x 101
Ni-65 7.1 x 105 1.9 x 107
Neptunium (93)
Np-235 5.2 x 101 1.4 x 103
Np-236 4.7 x 10-4 1.3 x 10-2
Np-237 2.6 x 10-5 7.1 x 10-4
Np-239 8.6 x 103 2.3 x 105
Osmium (76)
Os-185 2.8 x 102 7.5 x 103
Os-191m 4.6 x 104 1.3 x 106
Os-191 1.6 x 103 4.4 x 104
Os-193 2.0 x 104 5.3 x 105
Os-194 1.1 x 101 3.1 x 102
Phosphorus (15)
P-32 1.1 x 104 2.9 x 105
P-33 5.8 x 103 1.6 x 105
Protactinium (91)
Pa-230 1.2 x 103 3.3 x 104
Pa-231 1.7 x 10-3 4.7 x 10-2
Pa-233 7.7 x 102 2.1 x 104
Lead (82)
Pb-201 6.2 x 104 1.7 x 106
Pb-202 1.2 x 10-4 3.4 x 10-3
Pb-203 1.1 x 104 3.0 x 105
Pb-205 4.5 x 10-6 1.2 x 10-4
Pb-210 2.8 7.6 x 101
Pb-212 5.1 x 104 1.4 x 106
Palladium (46)
Pd-103 2.8 x 103 7.5 x 104
Pd-107 1.9 x 10-5 5.1 x 10-4
Pd-109 7.9 x 104 2.1 x 106
Promethium (61)
Pm-143 1.3 x 102 3.4 x 103
Pm-144 9.2 x 101 2.5 x 103
Pm-145 5.2 1.4 x 102
Pm-147 3.4 x 101 9.3 x 102
Pm-148m 7.9 x 102 2.1 x 104
Pm-149 1.5 x 104 4.0 x 105
Pm-151 2.7 x 104 7.3 x 105
Polonium (84)
Po-208 2.2 x 101 5.9 x 102
Po-209 6.2 x 10-1 1.7 x 101
Po-210 1.7 x 102 4.5 x 103
Praseodymium (59)
Pr-142 4.3 x 104 1.2 x 106
Pr-143 2.5 x 103 6.7 x 104
Platinum (78)
Pt-188 2.5 x 103 6.8 x 104
Pt-191 8.7 x 103 2.4 x 105
Pt-193m 5.8 x 103 1.6 x 105
Pt-193 1.4 3.7 x 101
Pt-195m 6.2 x 103 1.7 x 105
Pt-197m 3.7 x 105 1.0 x 107
Pt-197 3.2 x 104 8.7 x 105
Plutonium (94)
Pu-236 2.0 x 101 5.3 x 102
Pu-237 4.5 x 102 1.2 x 104
Pu-238 6.3 x 10-1 1.7 x 101
Pu-239 2.3 x 10-3 6.2 x 10-2
Pu-240 8.4 x 10-3 2.3 x 10-1
Pu-241 3.8 1.0 x 102
Pu-242 1.5 x 10-4 3.9 x 10-3
Pu-244 6.7 x 10-7 1.8 x 10-5
Radium (88)
Ra-223 1.9 x 103 5.1 x 104
Ra-224 5.9 x 103 1.6 x 105
Ra-225 1.5 x 103 3.9 x 104
Ra-226 3.7 x 10-2 1.0
Ra-228 1.0 x 101 2.7 x 102
Rubidium (37)
Rb-81 3.1 x 105 8.4 x 106
Rb-83 6.8 x 102 1.8 x 104
Rb-84 1.8 x 103 4.7 x 104
Rb-86 3.0 x 103 8.1 x 104
Rb-87 3.2 x 10-9 8.6 x 10-8
Rb (natural) 6.7 x 106 1.8 x 108
Rhenium (75)
Re-183 3.8 x 102 1.0 x 104
Re-184m 1.6 x 102 4.3 x 103
Re-184 6.9 x 102 1.9 x 104
Re-186 6.9 x 103 1.9 x 105
Re-187 1.4 x 10-9 3.8 x 10-8
Re-188 3.6 x 104 9.8 x 105
Re-189 2.5 x 104 6.8 x 105
Re (natural) --- 2.4 x 10-8
Rhodium (45)
Rh-99 3.0 x 103 8.2 x 104
Rh-101 4.1 x 101 1.1 x 103
Rh-102m 2.3 x 102 6.2 x 103
Rh-102 4.5 x 101 1.2 x 103
Rh-103m 1.2 x 106 3.3 x 107
Rh-105 3.1 x 104 8.4 x 105
Radon (86)
Rn-222 5.7 x 103 1.5 x 105
Ruthenium (44)
Ru-97 1.7 x 104 4.6 x 105
Ru-103 1.2 x 103 3.2 x 104
Ru-105 2.5 x 105 6.7 x 106
Ru-106 1.2 x 102 3.3 x 103
Sulfur (16)
S-35 1.6 x 103 4.3 x 104
Antimony (51)
Sb-122 1.5 x 104 4.0 x 105
Sb-124 6.5 x 102 1.7 x 104
Sb-125 3.9 x 101 1.0 x 103
Sb-126 3.1 x 103 8.4 x 104
Scandium (21)
Sc-44 6.7 x 105 1.8 x 107
Sc-46 1.3 x 103 3.4 x 104
Sc-47 3.1 x 104 8.3 x 105
Sc-48 5.5 x 104 1.5 x 106
Selenium (34)
Se-75 5.4 x 102 1.5 x 104
Se-79 2.6 x 10-3 7.0 x 10-2
Silicon (14)
Si-31 1.4 x 106 3.9 x 107
Si-32 3.9 1.1 x 102
Samarium (62)
Sm-145 9.8 x 101 2.6 x 103
Sm-147 8.5 x 10-1 2.3 x 10-8
Sm-151 9.7 x 10-1 2.6 x 101
Sm-153 1.6 x 104 4.4 x 105
Tin (50)
Sn-113 3.7 x 102 1.0 x 104
Sn-117m 3.0 x 103 8.2 x 104
Sn-119m 1.4 x 102 3.7 x 103
Sn-121m 2.0 5.4 x 101
Sn-123 3.0 x 102 8.2 x 103
Sn-125 4.0 x 103 1.1 x 105
Sn-126 1.0 x 10-3 2.8 x 10-2
Strontium (38)
Sr-82 2.3 x 103 6.2 x 104
Sr-85m 1.2 x 106 3.3 x 107
Sr-85 8.8 x 102 2.4 x 104
Sr-87m 4.8 x 105 1.3 x 107
Sr-89 1.1 x 103 2.9 x 104
Sr-90 5.1 1.4 x 102
Sr-91 1.3 x 105 3.6 x 106
Sr-92 4.7 x 105 1.3 x 107
Tritium (1)
T (H-3) 3.6 x 102 9.7 x 103
Tantalum (73)
Ta-178 4.2 x 106 1.1 x 108
Ta-179 4.1 x 101 1.1 x 103
Ta-182 2.3 x 102 6.2 x 103
Terbium (65)
Tb-157 5.6 x 10-1 1.5 x 101
Tb-158 5.6 x 10-1 1.5 x 101
Tb-160 4.2 x 102 1.1 x 104
Technetium (43)
Tc-95m 8.3 x 102 2.2 x 104
Tc-96m 1.4 x 106 3.8 x 107
Tc-96 1.2 x 104 3.2 x 105
Tc-97m 5.6 x 102 1.5 x 104
Tc-97 5.2 x 10-5 1.4 x 10-3
Tc-98 3.2 x 10-5 8.7 x 10-4
Tc-99m 1.9 x 105 5.3 x 106
Tc-99 6.3 x 10-4 1.7 x 10-2
Tellurium (52)
Te-118 6.8 x 103 1.8 x 105
Te-121m 2.6 x 102 7.0 x 103
Te-121 2.4 x 103 6.4 x 104
Te-123m 3.3 x 102 8.9 x 103
Te-125m 6.7 x 102 1.8 x 104
Te-127m 3.5 x 102 9.4 x 103
Te-127 9.8 x 104 2.6 x 106
Te-129m 1.1 x 103 3.0 x 104
Te-129 7.7 x 105 2.1 x 107
Te-131m 3.0 x 104 8.0 x 105
Te-132 1.1 x 104 3.0 x 105
Thorium (90)
Th-227 1.1 x 103 3.1 x 104
Th-228 3.0 x 101 8.2 x 102
Th-229 7.9 x 10-3 2.1 x 10-1
Th-230 7.6 x 10-4 2.1 x 10-2
Th-231 2.0 x 104 5.3 x 105
Th-232 4.0 x 10-9 1.1 x 10-7
Th-234 8.6 x 102 2.3 x 104
Th (natural) 8.1 x 10-9 2.2 x 10-7
Titanium (22)
Ti-44 6.4 1.7 x 102
Thallium (81)
Tl-200 2.2 x 104 6.0 x 105
Tl-201 7.9 x 103 2.1 x 105
Tl-202 2.0 x 103 5.3 x 104
Tl-204 1.7 x 101 4.6 x 102
Thulium (69)
Tm-167 3.1 x 103 8.5 x 104
Tm-168 3.1 x 102 8.3 x 103
Tm-170 2.2 x 102 6.0 x 103
Tm-171 4.0 x 101 1.1 x 103
Uranium (92)
U-230 1.0 x 103 2.7 x 104
U-232 8.3 x 10-1 2.2 x 101
U-233 3.6 x 10-4 9.7 x 10-3
U-234 2.3 x 10-4 6.2 x 10-3
U-235 8.0 x 10-8 2.2 x 10-6
U-236 2.4 x 10-6 6.5 x 10-5
U-238 1.2 x 10-8 3.4 x 10-7
U (natural) 2.6 x 10-8 7.1 x 10-7
U (enriched 5% or less) --- (See part 4731.0424)
U (enriched more than 5%) --- (See part 4731.0424)
U (depleted) --- (See part 4731.0424)
Vanadium (23)
V-48 6.3 x 103 1.7 x 105
V-49 3.0 x 102 8.1 x 103
Tungsten (74)
W-178 1.3 x 103 3.4 x 104
W-181 2.2 x 102 6.0 x 103
W-185 3.5 x 102 9.4 x 103
W-187 2.6 x 104 7.0 x 105
W-188 3.7 x 102 1.0 x 104
Xenon (54)
Xe-122 4.8 x 104 1.3 x 106
Xe-123 4.4 x 105 1.2 x 107
Xe-127 1.0 x 103 2.8 x 104
Xe-131m 3.1 x 103 8.4 x 104
Xe-133 6.9 x 103 1.9 x 105
Xe-135 9.5 x 104 2.6 x 106
Yttrium (39)
Y-87 1.7 x 104 4.5 x 105
Y-88 5.2 x 102 1.4 x 104
Y-90 2.0 x 104 5.4 x 105
Y-91m 1.5 x 106 4.2 x 107
Y-91 9.1 x 102 2.5 x 104
Y-92 3.6 x 105 9.6 x 106
Y-93 1.2 x 105 3.3 x 106
Ytterbium (70)
Yb-169 8.9 x 102 2.4 x 104
Yb-175 6.6 x 103 1.8 x 105
Zinc (30)
Zn-65 3.0 x 102 8.2 x 103
Zn-69m 1.2 x 105 3.3 x 106
Zn-69 1.8 x 106 4.9 x 107
Zirconium (40)
Zr-88 6.6 x 102 1.8 x 104
Zr-93 9.3 x 10-5 2.5 x 10-3
Zr-95 7.9 x 102 2.1 x 104
Zr-97 7.1 x 104 1.9 x 106

Subp. 3.

Exempt material activity concentrations and exempt consignment activity limits.

This subpart specifies exempt material activity concentrations and exempt consignment activity levels for radionuclides.

Element and atomic number and symbol of radionuclide Activity concentration for exempt material (Bq/g) Activity concentration for exempt material (Ci/g) Activity limit for exempt consignment (Bq) Activity limit for exempt consignment (Ci)
Actinium (89)
Ac-225 1.0 x 101 2.7 x 10-10 1.0 x 104 2.7 x 10-7
Ac-227 1.0 x 10-1 2.7 x 10-12 1.0 x 103 2.7 x 10-8
Ac-228 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Silver (47)
Ag-105 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Ag-108ma 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Ag-110m 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Ag-111 1.0 x 103 2.7 x 10-8 1.0 x 106 2.7 x 10-5
Aluminum (13)
Al-26 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
Americium (95)
Am-241 1.0 2.7 x 10-11 1.0 x 104 2.7 x 10-7
Am-242ma 1.0 2.7 x 10-11 1.0 x 104 2.7 x 10-7
Am-243a 1.0 2.7 x 10-11 1.0 x 103 2.7 x 10-8
Argon (18)
Ar-37 1.0 x 106 2.7 x 10-5 1.0 x 108 2.7 x 10-3
Ar-39 1.0 x 107 2.7 x 10-4 1.0 x 104 2.7 x 10-7
Ar-41 1.0 x 102 2.7 x 10-9 1.0 x 109 2.7 x 10-2
Arsenic (33)
As-72 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
As-73 1.0 x 103 2.7 x 10-8 1.0 x 107 2.7 x 10-4
As-74 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
As-76 1.0 x 102 2.7 x 10-9 1.0 x 105 2.7 x 10-6
As-77 1.0 x 103 2.7 x 10-8 1.0 x 106 2.7 x 10-5
Astatine (85)
At-211 1.0 x 103 2.7 x 10-8 1.0 x 107 2.7 x 10-4
Gold (79)
Au-193 1.0 x 102 2.7 x 10-9 1.0 x 107 2.7 x 10-4
Au-194 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Au-195 1.0 x 102 2.7 x 10-9 1.0 x 107 2.7 x 10-4
Au-198 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Au-199 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Barium (56)
Ba-131 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Ba-133 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Ba-133m 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Ba-140a 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
Beryllium (4)
Be-7 1.0 x 103 2.7 x 10-8 1.0 x 107 2.7 x 10-4
Be-10 1.0 x 104 2.7 x 10-7 1.0 x 106 2.7 x 10-5
Bismuth (83)
Bi-205 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Bi-206 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
Bi-207 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Bi-210 1.0 x 103 2.7 x 10-8 1.0 x 106 2.7 x 10-5
Bi-210m 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
Bi-212a 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
Berkelium (97)
Bk-247 1.0 2.7 x 10-11 1.0 x 104 2.7 x 10-7
Bk-249 1.0 x 103 2.7 x 10-8 1.0 x 106 2.7 x 10-5
Bromine (35)
Br-76 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
Br-77 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Br-82 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Carbon(6)
C-11 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
C-14 1.0 x 104 2.7 x 10-7 1.0 x 107 2.7 x 10-4
Calcium (20)
Ca-41 1.0 x 105 2.7 x 10-6 1.0 x 107 2.7 x 10-4
Ca-45 1.0 x 104 2.7 x 10-7 1.0 x 107 2.7 x 10-4
Ca-47 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Cadmium (48)
Cd-109 1.0 x 104 2.7 x 10-7 1.0 x 106 2.7 x 10-5
Cd-113m 1.0 x 103 2.7 x 10-8 1.0 x 106 2.7 x 10-5
Cd-115 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Cd-115m 1.0 x 103 2.7 x 10-8 1.0 x 106 2.7 x 10-5
Cerium (58)
Ce-139 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Ce-141 1.0 x 102 2.7 x 10-9 1.0 x 107 2.7 x 10-4
Ce-143 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Ce-144a 1.0 x 102 2.7 x 10-9 1.0 x 105 2.7 x 10-6
Californium (98)
Cf-248 1.0 x 101 2.7 x 10-10 1.0 x 104 2.7 x 10-7
Cf-249 1.0 2.7 x 10-11 1.0 x 103 2.7 x 10-8
Cf-250 1.0 x 101 2.7 x 10-10 1.0 x 104 2.7 x 10-7
Cf-251 1.0 2.7 x 10-11 1.0 x 103 2.7 x 10-8
Cf-252 1.0 x 101 2.7 x 10-10 1.0 x 104 2.7 x 10-7
Cf-253 1.0 x 102 2.7 x 10-9 1.0 x 105 2.7 x 10-6
Cf-254 1.0 2.7 x 10-11 1.0 x 103 2.7 x 10-8
Chlorine (17)
Cl-36 1.0 x 104 2.7 x 10-7 1.0 x 106 2.7 x 10-5
Cl-38 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
Curium (96)
Cm-240 1.0 x 102 2.7 x 10-9 1.0 x 105 2.7 x 10-6
Cm-241 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Cm-242 1.0 x 102 2.7 x 10-9 1.0 x 105 2.7 x 10-6
Cm-243 1.0 2.7 x 10-11 1.0 x 104 2.7 x 10-7
Cm-244 1.0 x 101 2.7 x 10-10 1.0 x 104 2.7 x 10-7
Cm-245 1.0 2.7 x 10-11 1.0 x 103 2.7 x 10-8
Cm-246 1.0 2.7 x 10-11 1.0 x 103 2.7 x 10-8
Cm-247 1.0 2.7 x 10-11 1.0 x 104 2.7 x 10-7
Cm-248 1.0 2.7 x 10-11 1.0 x 103 2.7 x 10-8
Cobalt (27)
Co-55 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Co-56 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
Co-57 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Co-58 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Co-58m 1.0 x 104 2.7 x 10-7 1.0 x 107 2.7 x 10-4
Co-60 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
Chromium (24)
Cr-51 1.0 x 103 2.7 x 10-8 1.0 x 107 2.7 x 10-4
Cesium (55)
Cs-129 1.0 x 102 2.7 x 10-9 1.0 x 105 2.7 x 10-6
Cs-131 1.0 x 103 2.7 x 10-8 1.0 x 106 2.7 x 10-5
Cs-132 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
Cs-134 1.0 x 101 2.7 x 10-10 1.0 x 104 2.7 x 10-7
Cs-134m 1.0 x 103 2.7 x 10-8 1.0 x 105 2.7 x 10-6
Cs-135 1.0 x 104 2.7 x 10-7 1.0 x 107 2.7 x 10-4
Cs-136 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
Cs-137a 1.0 x 101 2.7 x 10-10 1.0 x 104 2.7 x 10-7
Copper (29)
Cu-64 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Cu-67 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Dysprosium (66)
Dy-159 1.0 x 103 2.7 x 10-8 1.0 x 107 2.7 x 10-4
Dy-165 1.0 x 103 2.7 x 10-8 1.0 x 106 2.7 x 10-5
Dy-166 1.0 x 103 2.7 x 10-8 1.0 x 106 2.7 x 10-5
Erbium (68)
Er-169 1.0 x 104 2.7 x 10-7 1.0 x 107 2.7 x 10-4
Er-171 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Europium (63)
Eu-147 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Eu-148 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Eu-149 1.0 x 102 2.7 x 10-9 1.0 x 107 2.7 x 10-4
Eu-150 (short-lived) 1.0 x 103 2.7 x 10-8 1.0 x 106 2.7 x 10-5
Eu-150 (long-lived) 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Eu-152 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Eu-152m 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Eu-154 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Eu-155 1.0 x 102 2.7 x 10-9 1.0 x 107 2.7 x 10-4
Eu-156 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Fluorine (9)
F-18 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Iron (26)
Fe-52 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Fe-55 1.0 x 104 2.7 x 10-7 1.0 x 106 2.7 x 10-5
Fe-59 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Fe-60 1.0 x 102 2.7 x 10-9 1.0 x 105 2.7 x 10-6
Gallium (31)
Ga-67 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Ga-68 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
Ga-72 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
Gadolinium (64)
Gd-146 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Gd-148 1.0 x 101 2.7 x 10-10 1.0 x 104 2.7 x 10-7
Gd-153 1.0 x 102 2.7 x 10-9 1.0 x 107 2.7 x 10-4
Gd-159 1.0 x 103 2.7 x 10-8 1.0 x 106 2.7 x 10-5
Germanium (32)
Ge-68 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
Ge-71 1.0 x 104 2.7 x 10-7 1.0 x 108 2.7 x 10-3
Ge-77 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
Tritium (1)
H-3 (T) 1.0 x 106 2.7 x 10-5 1.0 x 109 2.7 x 10-2
Hafnium (72)
Hf-172 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Hf-175 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Hf-181 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Hf-182 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Mercury (80)
Hg-194 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Hg-195m 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Hg-197 1.0 x 102 2.7 x 10-9 1.0 x 107 2.7 x 10-4
Hg-197m 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Hg-203 1.0 x 102 2.7 x 10-9 1.0 x 105 2.7 x 10-6
Holmium (67)
Ho-166 1.0 x 103 2.7 x 10-8 1.0 x 105 2.7 x 10-6
Ho-166m 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Iodine (53)
I-123 1.0 x 102 2.7 x 10-9 1.0 x 107 2.7 x 10-4
I-124 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
I-125 1.0 x 103 2.7 x 10-8 1.0 x 106 2.7 x 10-5
I-126 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
I-129 1.0 x 102 2.7 x 10-9 1.0 x 105 2.7 x 10-6
I-131 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
I-132 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
I-133 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
I-134 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
I-135 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Indium (49)
In-111 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
In-113m 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
In-114m 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
In-115m 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Iridium (77)
Ir-189 1.0 x 102 2.7 x 10-9 1.0 x 107 2.7 x 10-4
Ir-190 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Ir-192 1.0 x 101 2.7 x 10-10 1.0 x 104 2.7 x 10-7
Ir-194 1.0 x 102 2.7 x 10-9 1.0 x 105 2.7 x 10-6
Potassium (19)
K-40 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
K-42 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
K-43 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Krypton (36)
Kr-81 1.0 x 104 2.7 x 10-7 1.0 x 107 2.7 x 10-4
Kr-85 1.0 x 105 2.7 x 10-6 1.0 x 104 2.7 x 10-7
Kr-85m 1.0 x 103 2.7 x 10-8 1.0 x 1010 2.7 x 10-1
Kr-87 1.0 x 102 2.7 x 10-9 1.0 x 109 2.7 x 10-2
Lanthanum (57)
La-137 1.0 x 103 2.7 x 10-8 1.0 x 107 2.7 x 10-4
La-140 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
Lutetium (71)
Lu-172 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Lu-173 1.0 x 102 2.7 x 10-9 1.0 x 107 2.7 x 10-4
Lu-174 1.0 x 102 2.7 x 10-9 1.0 x 107 2.7 x 10-4
Lu-174m 1.0 x 102 2.7 x 10-9 1.0 x 107 2.7 x 10-4
Lu-177 1.0 x 103 2.7 x 10-8 1.0 x 107 2.7 x 10-4
Magnesium (12)
Mg-28 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
Manganese (25)
Mn-52 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
Mn-53 1.0 x 104 2.7 x 10-7 1.0 x 109 2.7 x 10-2
Mn-54 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Mn-56 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
Molybdenum (42)
Mo-93 1.0 x 103 2.7 x 10-8 1.0 x 108 2.7 x 10-3
Mo-99 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Nitrogen (7)
N-13 1.0 x 102 2.7 x 10-9 1.0 x 109 2.7 x 10-2
Sodium (11)
Na-22 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Na-24 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
Niobium (41)
Nb-93m 1.0 x 104 2.7 x 10-7 1.0 x 107 2.7 x 10-4
Nb-94 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Nb-95 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Nb-97 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Neodymium (60)
Nd-147 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Nd-149 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Nickel (28)
Ni-59 1.0 x 104 2.7 x 10-7 1.0 x 108 2.7 x 10-3
Ni-63 1.0 x 105 2.7 x 10-6 1.0 x 108 2.7 x 10-3
Ni-65 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Neptunium (93)
Np-235 1.0 x 103 2.7 x 10-8 1.0 x 107 2.7 x 10-4
Np-236 (short-lived) 1.0 x 103 2.7 x 10-8 1.0 x 107 2.7 x 10-4
Np-236 (long-lived) 1.0 x 102 2.7 x 10-9 1.0 x 105 2.7 x 10-6
Np-237a 1.0 2.7 x 10-11 1.0 x 103 2.7 x 10-8
Np-239 1.0 x 102 2.7 x 10-9 1.0 x 107 2.7 x 10-4
Osmium (76)
Os-185 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Os-191 1.0 x 102 2.7 x 10-9 1.0 x 107 2.7 x 10-4
Os-191m 1.0 x 103 2.7 x 10-8 1.0 x 107 2.7 x 10-4
Os-193 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Os-194 1.0 x 102 2.7 x 10-9 1.0 x 105 2.7 x 10-6
Phosphorus (15)
P-32 1.0 x 103 2.7 x 10-8 1.0 x 105 2.7 x 10-6
P-33 1.0 x 105 2.7 x 10-6 1.0 x 108 2.7 x 10-3
Protactinium (91)
Pa-230 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Pa-231 1.0 2.7 x 10-11 1.0 x 103 2.7 x 10-8
Pa-233 1.0 x 102 2.7 x 10-9 1.0 x 107 2.7 x 10-4
Lead (82)
Pb-201 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Pb-202 1.0 x 103 2.7 x 10-8 1.0 x 106 2.7 x 10-5
Pb-203 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Pb-205 1.0 x 104 2.7 x 10-7 1.0 x 107 2.7 x 10-4
Pb-210a 1.0 x 101 2.7 x 10-10 1.0 x 104 2.7 x 10-7
Pb-212a 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
Palladium (46)
Pd-103 1.0 x 103 2.7 x 10-8 1.0 x 108 2.7 x 10-3
Pd-107 1.0 x 105 2.7 x 10-6 1.0 x 108 2.7 x 10-3
Pd-109 1.0 x 103 2.7 x 10-8 1.0 x 106 2.7 x 10-5
Promethium (61)
Pm-143 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Pm-144 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Pm-145 1.0 x 103 2.7 x 10-8 1.0 x 107 2.7 x 10-4
Pm-147 1.0 x 104 2.7 x 10-7 1.0 x 107 2.7 x 10-4
Pm-148m 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Pm-149 1.0 x 103 2.7 x 10-8 1.0 x 106 2.7 x 10-5
Pm-151 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Polonium (84)
Po-210 1.0 x 101 2.7 x 10-10 1.0 x 104 2.7 x 10-7
Praseodymium (59)
Pr-142 1.0 x 102 2.7 x 10-9 1.0 x 105 2.7 x 10-6
Pr-143 1.0 x 104 2.7 x 10-7 1.0 x 106 2.7 x 10-5
Platinum (78)
Pt-188 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Pt-191 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Pt-193 1.0 x 104 2.7 x 10-7 1.0 x 107 2.7 x 10-4
Pt-193m 1.0 x 103 2.7 x 10-8 1.0 x 107 2.7 x 10-4
Pt-195m 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Pt-197 1.0 x 103 2.7 x 10-8 1.0 x 106 2.7 x 10-5
Pt-197m 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Plutonium (94)
Pu-236 1.0 x 101 2.7 x 10-10 1.0 x 104 2.7 x 10-7
Pu-237 1.0 x 103 2.7 x 10-8 1.0 x 107 2.7 x 10-4
Pu-238 1.0 2.7 x 10-11 1.0 x 104 2.7 x 10-7
Pu-239 1.0 2.7 x 10-11 1.0 x 104 2.7 x 10-7
Pu-240 1.0 2.7 x 10-11 1.0 x 103 2.7 x 10-8
Pu-241 1.0 x 102 2.7 x 10-9 1.0 x 105 2.7 x 10-6
Pu-242 1.0 2.7 x 10-11 1.0 x 104 2.7 x 10-7
Pu-244 1.0 2.7 x 10-11 1.0 x 104 2.7 x 10-7
Radium (88)
Ra-223a 1.0 x 102 2.7 x 10-9 1.0 x 105 2.7 x 10-6
Ra-224a 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
Ra-225 1.0 x 102 2.7 x 10-9 1.0 x 105 2.7 x 10-6
Ra-226a 1.0 x 101 2.7 x 10-10 1.0 x 104 2.7 x 10-7
Ra-228a 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
Rubidium (37)
Rb-81 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Rb-83 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Rb-84 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Rb-86 1.0 x 102 2.7 x 10-9 1.0 x 105 2.7 x 10-6
Rb-87 1.0 x 104 2.7 x 10-7 1.0 x 107 2.7 x 10-4
Rb (nat) 1.0 x 104 2.7 x 10-7 1.0 x 107 2.7 x 10-4
Rhenium (75)
Re-184 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Re-184m 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Re-186 1.0 x 103 2.7 x 10-8 1.0 x 106 2.7 x 10-5
Re-187 1.0 x 106 2.7 x 10-5 1.0 x 109 2.7 x 10-2
Re-188 1.0 x 102 2.7 x 10-9 1.0 x 105 2.7 x 10-6
Re-189 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Re (nat) 1.0 x 106 2.7 x 10-5 1.0 x 109 2.7 x 10-2
Rhodium (45)
Rh-99 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Rh-101 1.0 x 102 2.7 x 10-9 1.0 x 107 2.7 x 10-4
Rh-102 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Rh-102m 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Rh-103m 1.0 x 104 2.7 x 10-7 1.0 x 108 2.7 x 10-3
Rh-105 1.0 x 102 2.7 x 10-9 1.0 x 107 2.7 x 10-4
Radon (86)
Rn-222a 1.0 x 101 2.7 x 10-10 1.0 x 108 2.7 x 10-3
Ruthenium (44)
Ru-97 1.0 x 102 2.7 x 10-9 1.0 x 107 2.7 x 10-4
Ru-103 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Ru-105 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Ru-106a 1.0 x 102 2.7 x 10-9 1.0 x 105 2.7 x 10-6
Sulfur (16)
S-35 1.0 x 105 2.7 x 10-6 1.0 x 108 2.7 x 10-3
Antimony (51)
Sb-122 1.0 x 102 2.7 x 10-9 1.0 x 104 2.7 x 10-7
Sb-124 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Sb-125 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Sb-126 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
Scandium (21)
Sc-44 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
Sc-46 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Sc-47 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Sc-48 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
Selenium (34)
Se-75 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Se-79 1.0 x 104 2.7 x 10-7 1.0 x 107 2.7 x 10-4
Silicon (14)
Si-31 1.0 x 103 2.7 x 10-8 1.0 x 106 2.7 x 10-5
Si-32 1.0 x 103 2.7 x 10-8 1.0 x 106 2.7 x 10-5
Samarium (62)
Sm-145 1.0 x 102 2.7 x 10-9 1.0 x 107 2.7 x 10-4
Sm-147 1.0 x 101 2.7 x 10-10 1.0 x 104 2.7 x 10-7
Sm-151 1.0 x 104 2.7 x 10-7 1.0 x 108 2.7 x 10-3
Sm-153 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Tin (50)
Sn-113 1.0 x 103 2.7 x 10-8 1.0 x 107 2.7 x 10-4
Sn-117m 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Sn-119m 1.0 x 103 2.7 x 10-8 1.0 x 107 2.7 x 10-4
Sn-121m 1.0 x 103 2.7 x 10-8 1.0 x 107 2.7 x 10-4
Sn-123 1.0 x 103 2.7 x 10-8 1.0 x 106 2.7 x 10-5
Sn-125 1.0 x 102 2.7 x 10-9 1.0 x 105 2.7 x 10-6
Sn-126 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
Strontium (38)
Sr-82 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
Sr-85 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Sr-85m 1.0 x 102 2.7 x 10-9 1.0 x 107 2.7 x 10-4
Sr-87m 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Sr-89 1.0 x 103 2.7 x 10-8 1.0 x 106 2.7 x 10-5
Sr-90a 1.0 x 102 2.7 x 10-9 1.0 x 104 2.7 x 10-7
Sr-91 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
Sr-92 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Tritium (1)
T (H-3) 1.0 x 106 2.7 x 10-5 1.0 x 109 2.7 x 10-2
Tantalum (73)
Ta-178 (long-lived) 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Ta-179 1.0 x 103 2.7 x 10-8 1.0 x 107 2.7 x 10-4
Ta-182 1.0 x 101 2.7 x 10-10 1.0 x 104 2.7 x 10-7
Terbium (65)
Tb-157 1.0 x 104 2.7 x 10-7 1.0 x 107 2.7 x 10-4
Tb-158 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Tb-160 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Technetium (43)
Tc-95m 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Tc-96 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Tc-96m 1.0 x 103 2.7 x 10-8 1.0 x 107 2.7 x 10-4
Tc-97 1.0 x 103 2.7 x 10-8 1.0 x 108 2.7 x 10-3
Tc-97m 1.0 x 103 2.7 x 10-8 1.0 x 107 2.7 x 10-4
Tc-98 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Tc-99 1.0 x 104 2.7 x 10-7 1.0 x 107 2.7 x 10-4
Tc-99m 1.0 x 102 2.7 x 10-9 1.0 x 107 2.7 x 10-4
Tellurium (52)
Te-121 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Te-121m 1.0 x 102 2.7 x 10-9 1.0 x 105 2.7 x 10-6
Te-123m 1.0 x 102 2.7 x 10-9 1.0 x 107 2.7 x 10-4
Te-125m 1.0 x 103 2.7 x 10-8 1.0 x 107 2.7 x 10-4
Te-127 1.0 x 103 2.7 x 10-8 1.0 x 106 2.7 x 10-5
Te-127m 1.0 x 103 2.7 x 10-8 1.0 x 107 2.7 x 10-4
Te-129 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Te-129m 1.0 x 103 2.7 x 10-8 1.0 x 106 2.7 x 10-5
Te-131m 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Te-132 1.0 x 102 2.7 x 10-9 1.0 x 107 2.7 x 10-4
Thorium (90)
Th-227 1.0 x 101 2.7 x 10-10 1.0 x 104 2.7 x 10-7
Th-228a 1.0 2.7 x 10-11 1.0 x 104 2.7 x 10-7
Th-229a 1.0 2.7 x 10-11 1.0 x 103 2.7 x 10-8
Th-230 1.0 2.7 x 10-11 1.0 x 104 2.7 x 10-7
Th-231 1.0 x 103 2.7 x 10-8 1.0 x 107 2.7 x 10-4
Th-232 1.0 x 101 2.7 x 10-10 1.0 x 104 2.7 x 10-7
Th-234a 1.0 x 103 2.7 x 10-8 1.0 x 105 2.7 x 10-6
Th (nat)a 1.0 2.7 x 10-11 1.0 x 103 2.7 x 10-8
Titanium (22)
Ti-44 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
Thallium (81)
Tl-200 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Tl-201 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Tl-202 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Tl-204 1.0 x 104 2.7 x 10-7 1.0 x 104 2.7 x 10-7
Thulium (69)
Tm-167 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Tm-170 1.0 x 103 2.7 x 10-8 1.0 x 106 2.7 x 10-5
Tm-171 1.0 x 104 2.7 x 10-7 1.0 x 108 2.7 x 10-3
Uranium (92)
U-230 (fast lung absorption)a,b 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
U-230 (medium lung absorption)c 1.0 x 101 2.7 x 10-10 1.0 x 104 2.7 x 10-7
U-230 (slow lung absorption)d 1.0 x 101 2.7 x 10-10 1.0 x 104 2.7 x 10-7
U-232 (fast lung absorption)a,b 1.0 2.7 x 10-11 1.0 x 103 2.7 x 10-8
U-232 (medium lung absorption)c 1.0 x 101 2.7 x 10-10 1.0 x 104 2.7 x 10-7
U-232 (slow lung absorption)d 1.0 x 101 2.7 x 10-10 1.0 x 104 2.7 x 10-7
U-233 (fast lung absorption)b 1.0 x 101 2.7 x 10-10 1.0 x 104 2.7 x 10-7
U-233 (medium lung absorption)c 1.0 x 102 2.7 x 10-9 1.0 x 105 2.7 x 10-6
U-233 (slow lung absorption)d 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
U-234 (fast lung absorption)b 1.0 x 101 2.7 x 10-10 1.0 x 104 2.7 x 10-7
U-234 (medium lung absorption)c 1.0 x 102 2.7 x 10-9 1.0 x 105 2.7 x 10-6
U-234 (slow lung absorption)d 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
U-235 (all lung absorption types)a,b,c,d 1.0 x 101 2.7 x 10-10 1.0 x 104 2.7 x 10-7
U-236 (fast lung absorption)b 1.0 x 101 2.7 x 10-10 1.0 x 104 2.7 x 10-7
U-236 (medium lung absorption)c 1.0 x 102 2.7 x 10-9 1.0 x 105 2.7 x 10-6
U-236 (slow lung absorption)d 1.0 x 101 2.7 x 10-10 1.0 x 104 2.7 x 10-7
U-238 (all lung absorption types)a,b,c,d 1.0 x 101 2.7 x 10-10 1.0 x 104 2.7 x 10-7
U (nat)a 1.0 2.7 x 10-11 1.0 x 103 2.7 x 10-8
U (enriched to 20% or less)e 1.0 2.7 x 10-11 1.0 x 103 2.7 x 10-8
U (dep) 1.0 2.7 x 10-11 1.0 x 103 2.7 x 10-8
Vanadium (23)
V-48 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6
V-49 1.0 x 104 2.7 x 10-7 1.0 x 107 2.7 x 10-4
Tungsten (74)
W-178 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
W-181 1.0 x 103 2.7 x 10-8 1.0 x 107 2.7 x 10-4
W-185 1.0 x 104 2.7 x 10-7 1.0 x 107 2.7 x 10-4
W-187 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
W-188 1.0 x 102 2.7 x 10-9 1.0 x 105 2.7 x 10-6
Xenon (54)
Xe-122 1.0 x 102 2.7 x 10-9 1.0 x 109 2.7 x 10-2
Xe-123 1.0 x 102 2.7 x 10-9 1.0 x 109 2.7 x 10-2
Xe-127 1.0 x 103 2.7 x 10-8 1.0 x 105 2.7 x 10-6
Xe-131m 1.0 x 104 2.7 x 10-7 1.0 x 104 2.7 x 10-7
Xe-133 1.0 x 103 2.7 x 10-8 1.0 x 104 2.7 x 10-7
Xe-135 1.0 x 103 2.7 x 10-8 1.0 x 1010 2.7 x 10-1
Yttrium (39)
Y-87 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Y-88 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Y-90 1.0 x 103 2.7 x 10-8 1.0 x 105 2.7 x 10-6
Y-91 1.0 x 103 2.7 x 10-8 1.0 x 106 2.7 x 10-5
Y-91m 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Y-92 1.0 x 102 2.7 x 10-9 1.0 x 105 2.7 x 10-6
Y-93 1.0 x 102 2.7 x 10-9 1.0 x 105 2.7 x 10-6
Ytterbium (70)
Yb-169 1.0 x 102 2.7 x 10-9 1.0 x 107 2.7 x 10-4
Yb-175 1.0 x 103 2.7 x 10-8 1.0 x 107 2.7 x 10-4
Zinc (30)
Zn-65 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Zn-69 1.0 x 104 2.7 x 10-7 1.0 x 106 2.7 x 10-5
Zn-69m 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Zirconium (40)
Zr-88 1.0 x 102 2.7 x 10-9 1.0 x 106 2.7 x 10-5
Zr-93a 1.0 x 103 2.7 x 10-8 1.0 x 107 2.7 x 10-4
Zr-95 1.0 x 101 2.7 x 10-10 1.0 x 106 2.7 x 10-5
Zr-97a 1.0 x 101 2.7 x 10-10 1.0 x 105 2.7 x 10-6

aParent nuclides and their progeny included in secular equilibrium are listed in the following:

Sr-90 Y-90
Zr-93 Nb-93m
Zr-97 Nb-97
Ru-106 Rh-106
Cs-137 Ba-137m
Ce-134 La-134
Ce-144 Pr-144
Ba-140 La-140
Bi-212 Tl-208(0.36), Po-212(0.64)
Pb-210 Bi-210, Po-210
Pb-212 Bi-212, Tl-208 (0.36), Po-212 (0.64)
Rn-220 Po-216
Rn-222 Po-218, Pb-214, Bi-214, Po-214
Ra-223 Rn-219, Po-215, Pb-211, Bi-211, Tl-207
Ra-224 Rn-220, Po-216, Pb-212, Bi-212, Tl-208 (0.36), Po-212 (0.64)
Ra-226 Rn-222, Po-218, Pb-214, Bi-214, Po-214, Pb-210, Bi-210, Po-210
Ra-228 Ac-228
Th-226 Ra-222, Rn-218, Po-214
Th-228 Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208 (0.36), Po-212 (0.64)
Th-229 Ra-225, Ac-225, Fr-221, At-217, Bi-213, Po-213, Pb-209
Th (nat) Ra-228, Ac-228, Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208 (0.36), Po-212 (0.64)
Th-234 Pa-234m
U-230 Th-226, Ra-222, Rn-218, Po-214
U-232 Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208 (0.36), Po-212 (0.64)
U-235 Th-231
U-238 Th-234, Pa-234m
U (nat) Th-234, Pa-234m, U-234, Th-230, Ra-226, Rn-222, Po-218, Pb-214, Bi-214, Po-214, Pb-210, Bi-210, Po-210
U-240 Np-240m
Np-237 Pa-233
Am-242m Am-242
Am-243 Np-239

bThese values apply only to compounds of uranium that take the chemical form of UF6, UO2F2 and UO2(NO3)2 in both normal and accident conditions of transport.

cThese values apply only to compounds of uranium that take the chemical form of UO3, UF4, UCl4 and hexavalent compounds in both normal and accident conditions of transport.

dThese values apply to all compounds of uranium other than those specified in notes b and c of this table.

eThese values apply to unirradiated uranium only.

Statutory Authority:

MS s 144.1201; 144.1202; 144.1203; 144.1204; 144.1205

History:

29 SR 755; 32 SR 831; 40 SR 145

Published Electronically:

August 27, 2015

4731.0423 DETERMINATION OF A1 AND A2.

Subpart 1.

Generally.

Values of A1 and A2 for individual radionuclides, which are the bases for many activity limits elsewhere in this chapter, are given in part 4731.0422, subpart 1a. The curie (Ci) values specified are obtained by converting from the Terabecquerel (TBq) values. The Terabecquerel values are the regulatory standard. The curie values are for information only and are not intended to be the regulatory standard. Where values of A1 and A2 are unlimited, it is for radiation control purposes only. For nuclear criticality safety, some materials are subject to controls placed on fissile material.

Subp. 2.

Individual radionuclides; not listed in part 4731.0422, subpart 1a.

For individual radionuclides whose identities are known, but which are not listed in part 4731.0422, subpart 1a, the A1 and A2 values contained in subpart 6 may be used. Otherwise, the licensee shall obtain prior commissioner, NRC, or agreement state approval of the radionuclides not listed in part 4731.0422, subpart 1a, before shipping the material.

Subp. 2a.

Individual radionuclides; not listed in part 4731.0422, subpart 3.

For individual radionuclides whose identities are known, but which are not listed in part 4731.0422, subpart 3, the exempt material activity concentration and exempt consignment activity values contained in subpart 6 may be used. Otherwise, the licensee shall obtain prior commissioner, NRC, or agreement state approval of the exempt material activity concentration and exempt consignment activity values for radionuclides not listed in part 4731.0422, subpart 3, before shipping the material.

Subp. 2b.

Prior approval.

The licensee must submit requests for prior approval, described under subparts 2 and 2a, to the commissioner, NRC, or agreement state, according to this chapter.

Subp. 3.

Radioactive decay chain.

In the calculations of A1 and A2 for a radionuclide not in part 4731.0422, subpart 1a, a single radioactive decay chain, in which radionuclides are present in their naturally occurring proportions and in which no daughter nuclide has a half-life longer than ten days or longer than that of the parent nuclide, shall be considered as a single radionuclide. The activity to be taken into account and the A1 and A2 value to be applied shall be those corresponding to the parent nuclide of the chain. In the case of radioactive decay chains in which any daughter nuclide has a half-life longer than ten days or greater than that of the parent radionuclide, the parent and those daughter radionuclides shall be considered as mixtures of different radionuclides.

Subp. 4.

Radionuclide mixture.

For mixtures of radionuclides whose identities and respective activities are known, the following conditions apply:

A.

For special form radioactive material, the maximum quantity transported in a Type A package:

where B(i) is the activity of radionuclide i and A1(i) is the A1 value for radionuclide i.

B.

For normal form radioactive material, the maximum quantity transported in a Type A package:

where B(i) is the activity of radionuclide i and A2(i) is the A2 value for radionuclide i.

C.

Alternatively, an A1 value for mixtures of special form material may be determined as follows:

where f(i) is the fraction of activity of radionuclide i in the mixture and A1(i) is the appropriate A1 value for radionuclide i.

D.

Alternatively, the A2 value for mixtures of normal form material may be determined as follows:

where f(i) is the fraction of activity of radionuclide i in the mixture and A2(i) is the appropriate A2 value for radionuclide i.

E.

The exempt activity concentration for mixtures of radionuclides may be determined as follows:

where f(i) is the fraction of activity concentration of radionuclide i in the mixture, and [A] is the activity concentration for exempt material containing radionuclide i.

F.

The activity limit for an exempt consignment for mixtures of radionuclides may be determined as follows:

where f(i) is the fraction of activity of radionuclide i in the mixture, and A is the activity limit for exempt consignments for radionuclide i.

Subp. 5.

Activities unknown.

When the identity of each radionuclide is known, but the individual activities of some of the radionuclides are not known, the radionuclides may be grouped and the lowest A1 or A2 value, as appropriate, for the radionuclides in each group may be used in applying the formulas in subpart 4. Groups may be based on the total alpha activity and the total beta/gamma activity when these are known, using the lowest A1 or A2 values for the alpha emitters and beta/gamma emitters.

Subp. 6.

General values for A1 and A2.

A1 A2
Contents (TBq) (Ci) (TBq) (Ci)
Only beta- or gamma-emitting radionuclides are
known to be present
1 x 10-1 2.7 x 100 2 x 10-2 5.4 x 10-1
Only alpha-emitting radionuclides are
known to be present
2 x 10-1 5.4 x 100 9 x 10-5 2.4 x 10-3
No relevant data are available 1 x 10-3 2.7 x 10-2 9 x 10-5 2.4 x 10-3
Contents Activity concentration for exempt material (Bq/g) Activity concentration for exempt material (Ci/g) Activity limits for exempt consignments (Bq) Activity limits for exempt consignments (Ci)
Only beta- or gamma-emitting radionuclides are
known to be present
1 x 101 2.7 x 10-10 1 x 104 2.7 x 10-7
Only alpha-emitting radionuclides are
known to be present
1 x 10-1 2.7 x 10-12 1 x 103 2.7 x 10-8
No relevant data are available 1 x 10-1 2.7 x 10-12 1 x 103 2.7 x 10-8

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755; 32 SR 831

Published Electronically:

March 12, 2009

4731.0424 ACTIVITY-MASS RELATIONSHIPS FOR URANIUM.

Uranium Enrichment1
wt percent U-235 present
Specific Activity
Tbq/g Ci/g
0.45 1.8 x 10-8 5.0 x 10-7
0.72 2.6 x 10-8 7.1 x 10-7
1.0 2.8 x 10-8 7.6 x 10-7
1.5 3.7 x 10-8 1.0 x 10-6
5.0 1.0 x 10-7 2.7 x 10-6
10.0 1.8 x 10-7 4.8 x 10-6
20.0 3.7 x 10-7 1.0 x 10-5
35.0 7.4 x 10-7 2.0 x 10-5
50.0 9.3 x 10-7 2.5 x 10-5
90.0 2.2 x 10-6 5.8 x 10-5
93.0 2.6 x 10-6 7.0 x 10-5
95.0 3.4 x 10-6 9.1 x 10-5

1 The figures for uranium include representative values for the activity of the uranium-234 that is concentrated during the enrichment process.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0455 QUALITY ASSURANCE FOR TRANSPORTATION PACKAGES.

The licensee, certificate holder, and applicant for a certificate of compliance must comply with the requirements for quality assurance for transportation packages in Code of Federal Regulations, title 10, part 71, subpart H.

Statutory Authority:

MS s 144.1202; 144.1203

History:

32 SR 831

Published Electronically:

March 12, 2009

DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

4731.0525 DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL.

Subpart 1.

Scope.

Parts 4731.0525 to 4731.0630 establish procedures and criteria for the issuance of licenses to receive title to, own, acquire, deliver, receive, possess, use, and transfer special nuclear material and establish and provide for the terms and conditions upon which the commissioner will issue such licenses.

Subp. 2.

Applicability.

Except as provided in part 4731.0535, parts 4731.0525 to 4731.0630 apply to all persons in the United States. Parts 4731.0525 to 4731.0630 give notice to all persons who knowingly provide to any licensee, applicant, contractor, or subcontractor, components, equipment, materials, or other goods or services that relate to a licensee's or applicant's activities subject to parts 4731.0525 to 4731.0630, that they may be individually subject to enforcement action for violation of part 4731.0280.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0530 LICENSE REQUIREMENT; SPECIAL NUCLEAR MATERIAL.

No person shall receive title to, own, acquire, deliver, receive, possess, use, or transfer special nuclear material, except as authorized in a license issued by the commissioner according to parts 4731.0525 to 4731.0630.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0535 EXEMPTION; CERTAIN FEDERAL CONTRACTS.

A.

Except to the extent that United States Department of Energy (DOE) facilities or activities of the types subject to licensing under the federal Energy Reorganization Act of 1974, United States Code, title 42, section 5842, are involved, a prime contractor of the DOE is exempt from parts 4731.0525 to 4731.0630 to the extent that the contractor, under the prime contract with the DOE, receives title to, owns, acquires, delivers, receives, possesses, uses, or transfers special nuclear material for:

(1)

the performance of work for the DOE at a United States government-owned or -controlled site, including the transportation of special nuclear material to or from the site and the performance of contract services during temporary interruptions of such transportation;

(2)

research in or development, manufacture, storage, testing, or transportation of atomic weapons or components thereof; or

(3)

the use or operation of nuclear reactors or other nuclear devices in a United States-owned vehicle or vessel.

B.

Subject to the requirement for licensing of DOE facilities and activities according to United States Code, title 42, section 5842, a prime contractor or subcontractor of the DOE or the NRC is exempt from parts 4731.0525 to 4731.0630 to the extent that the prime contractor or subcontractor receives title to, owns, acquires, delivers, receives, possesses, uses, or transfers special nuclear material under the prime contract or subcontract when the NRC determines that the exemption is authorized by law and that under the terms of the contract or subcontract, there is adequate assurance that the work thereunder can be accomplished without undue risk to the public health and safety.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0540 EXEMPTION; CARRIERS.

Common and contract carriers, freight forwarders, warehousers, and the United States Postal Service are exempt from parts 4731.0525 to 4731.0630 to the extent that they transport special nuclear material in the regular course of carriage for another or storage incident thereto. This exemption does not apply to the storage in transit or transport of material by persons covered by the general license issued under Code of Federal Regulations, title 10, sections 70.20a and 70.20b.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0550 TYPES OF LICENSES.

Licenses for special nuclear material are of two types: general and specific. A general license issued under parts 4731.0525 to 4731.0630 is effective without the filing of an application with the commissioner or the issuance of licensing documents to particular persons. Specific licenses are issued to named persons upon application filed according to parts 4731.0525 to 4731.0630.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0555 GENERAL LICENSE; CALIBRATION OR REFERENCE SOURCES.

Subpart 1.

Calibration or reference sources.

Persons listed in items A to C are issued a general license to receive title to, own, acquire, deliver, receive, possess, use, and transfer, according to subparts 2 to 4, plutonium in the form of calibration or reference sources:

A.

a person who holds a specific license issued by the commissioner that authorizes the person to receive, possess, use, and transfer radioactive material, including source material and special nuclear material;

B.

a person who holds a specific license issued by the NRC or an agreement state that authorizes the person to receive, possess, use, and transfer radioactive material, including source and special nuclear material; and

C.

a government agency that holds a specific license issued by the NRC that authorizes the agency to receive, possess, use, or transfer by-product material, source material, or special nuclear material.

Subp. 2.

Applicability.

The general license issued under subpart 1 applies only to calibration or reference sources that have been manufactured or initially transferred according to a specific license issued under part 4731.0605 or according to a specific license issued by the commissioner, the NRC, or an agreement state that authorizes manufacture of the sources for distribution to persons generally licensed by the commissioner, the NRC, or an agreement state.

Subp. 3.

Other law.

The general license issued under subpart 1 is subject to the provisions of parts 4731.0260; 4731.0590; 4731.0620; 4731.0630; and 4731.1000 to 4731.2950 and the provisions of Code of Federal Regulations, title 10, part 21, and sections 70.62, 74.11, and 74.19.

Subp. 4.

Requirements.

Persons who receive title to, own, acquire, deliver, receive, possess, use, or transfer one or more calibration or reference sources under the general license issued under subpart 1:

A.

shall not possess at any one time, at any one location of storage or use, more than five microcuries (185 kBq) of plutonium or five microcuries (185 kBq) of radium-226 in the sources;

B.

shall not receive, possess, use, or transfer the source unless the source or storage container bears a label that includes the following statement or a substantially similar statement that contains the information called for in the following statement:

"The receipt, possession, use, and transfer of this source, Model No. ....., Serial No. ....., are subject to a general license and the regulations of the Minnesota commissioner of health, the Nuclear Regulatory Commission, or a state with which the Nuclear Regulatory Commission has entered into an agreement for the exercise of regulatory authority. Do not remove this label.

CAUTION - RADIOACTIVE MATERIAL - THIS SOURCE CONTAINS PLUTONIUM. DO NOT TOUCH RADIOACTIVE PORTION OF THIS SOURCE.

(Name of manufacturer or initial transferor)";

C.

shall not transfer, abandon, or dispose of the source except by transfer to a person authorized by a license from the commissioner, the NRC, the Atomic Energy Commission, or an agreement state to receive the source;

D.

shall store the source, except when the source is being used, in a closed container adequately designed and constructed to contain plutonium or radium-226, which might otherwise escape during storage; and

E.

shall not use the source for any purpose other than the calibration of radiation detectors or the standardization of other sources.

Subp. 5.

Limitation.

The general license issued under subpart 1 does not authorize the manufacture, import, or export of calibration or reference sources containing plutonium or radium-226.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0560 GENERAL LICENSE; OWNING SPECIAL NUCLEAR MATERIAL.

A general license is issued to receive title to and own special nuclear material without regard to quantity. Notwithstanding any other provision of this chapter, a general licensee under this part is not authorized to acquire, deliver, receive, possess, use, transfer, import, or export special nuclear material, except as authorized in a specific license.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0565 APPLICATION; FILING.

Subpart 1.

Generally.

A.

A person may apply for a specific license issued under parts 4731.0525 to 4731.0630 by filing an application according to part 4731.0200, subpart 4.

B.

Information contained in previous applications, statements, or reports filed with the commissioner may be incorporated by reference if the references are clear and specific.

C.

A license application filed under this part will be considered also to be an application for licenses authorizing other activities for which licenses are required by the commissioner, provided the application specifies the additional activities for which licenses are requested and complies with rules of the commissioner as to applications for such licenses.

D.

Applications and documents submitted to the commissioner in connection with applications may be made available for public inspection according to part 4731.0240.

Subp. 2.

Fees.

An application for a special nuclear material license must be accompanied by the fee prescribed in Minnesota Statutes, section 144.1205.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0570 APPLICATION; CONTENTS.

Subpart 1.

Required information.

A.

An application for a license under parts 4731.0525 to 4731.0630 must contain:

(1)

the applicant's full name and address;

(2)

the applicant's age, if an individual;

(3)

the applicant's citizenship; and

(4)

the names and addresses of three personal references.

B.

If the applicant is a corporation or other entity, the application must contain:

(1)

the state where the entity was incorporated or organized;

(2)

the location of the principal office;

(3)

the names, addresses, and citizenship of the entity's principal officers; and

(4)

information known to the applicant concerning the control or ownership, if any, exercised over the applicant by any alien, foreign corporation, or foreign government.

C.

All applications must contain:

(1)

a description of the activity for which the special nuclear material is requested, or in which special nuclear material will be produced, the place at which the activity is to be performed, and the general plan for carrying out the activity;

(2)

the period of time for which the license is requested;

(3)

the name, amount, and specifications, including the chemical and physical form and, where applicable, isotopic content, of the special nuclear material the applicant proposes to use or produce;

(4)

the technical qualifications, including training and experience of the applicant and members of the applicant's staff, to engage in the proposed activities according to this chapter;

(5)

a description of equipment and facilities that will be used by the applicant to protect health and minimize danger to life or property, such as handling devices, working areas, shields, measuring and monitoring instruments, devices for the disposal of radioactive effluents and wastes, storage facilities, and criticality accident alarm systems; and

(6)

proposed procedures to protect health and minimize danger to life or property, such as procedures to avoid accidental criticality, procedures for personnel monitoring and waste disposal, and postcriticality accident emergency procedures.

D.

Where the nature of the proposed activities is such as to require consideration of the applicant's financial qualifications to engage in the proposed activities according to this chapter, the commissioner may request the applicant to submit information regarding the applicant's financial qualifications.

E.

As provided under part 4731.0580, certain applications for specific licenses filed under parts 4731.0525 to 4731.0630 must contain a proposed decommissioning funding plan or a certification of financial assurance for decommissioning.

F.

Each application and statement must contain complete and accurate disclosure as to all matters and things required to be disclosed.

Subp. 2.

Additional information.

The commissioner may, at any time after the filing of the original application and before the expiration of the license, require further statements to enable the commissioner to determine whether an application should be granted or denied or whether a license should be modified or revoked. All applications and statements must be signed by the applicant or licensee or a corporate officer thereof.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0575 APPLICATION APPROVAL REQUIREMENTS.

An application for a license under parts 4731.0525 to 4731.0630 shall be approved if the commissioner determines that:

A.

the special nuclear material is to be used for the conduct of research or development activities of a type specified in parts 4731.3200 to 4731.3245, in activities licensed by the commissioner, or for such other uses as the commissioner determines to be appropriate to carry out the purposes of this chapter. Types of research and development activities specified in parts 4731.3200 to 4731.3245 are those relating to:

(1)

nuclear processes;

(2)

the theory and production of atomic energy, including processes, materials, and devices related to such production;

(3)

utilization of special nuclear material and radioactive material for medical, biological, agricultural, health, or military purposes;

(4)

utilization of special nuclear material, atomic energy, and radioactive material and processes entailed in the utilization or production of atomic energy or such material for all other purposes, including industrial use, the generation of usable energy, and the demonstration of the practical value of utilization or production facilities for industrial or commercial purposes; and

(5)

the protection of health and the promotion of safety during research and production activities;

B.

the applicant is qualified by reason of training and experience to use the material for the purpose requested according to this chapter;

C.

the applicant's proposed equipment and facilities are adequate to protect health and minimize danger to life or property;

D.

the applicant's proposed procedures to protect health and to minimize danger to life or property are adequate; and

E.

where the nature of the proposed activities is such as to require consideration by the commissioner, the applicant appears to be financially qualified to engage in the proposed activities according to parts 4731.0525 to 4731.0630.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

October 3, 2013

4731.0580 APPLICATION; FINANCIAL ASSURANCE AND RECORD KEEPING FOR DECOMMISSIONING.

Subpart 1.

Requirements.

A.

An applicant for a specific license authorizing possession and use of unsealed special nuclear material in quantities specified in subpart 3 must:

(1)

submit a decommissioning funding plan according to subpart 4; or

(2)

submit a certification that financial assurance for decommissioning has been provided in the amount prescribed under subpart 3, using one of the methods described in subpart 5. The certification may state that the appropriate assurance will be obtained after the application has been approved and the license issued, but before the receipt of licensed material.

B.

If an applicant defers execution of the financial instrument until after the license has been issued, a signed original of the financial instrument obtained to satisfy the requirements of subpart 5 must be submitted to the commissioner before receipt of licensed material.

C.

If the applicant does not defer execution of the financial instrument, the applicant must submit to the commissioner, as part of the certification, a signed original of the financial instrument obtained to satisfy the requirements of subpart 5.

Subp. 2.

Financial assurance required.

A holder of a specific license described in subpart 1 must provide financial assurance for decommissioning according to the criteria set forth in this part.

Subp. 3.

Financial assurance; amounts.

The following amounts of financial assurance are required for decommissioning by quantity of material:

Greater than 104 but less than or equal to 105 times the applicable quantities under part 4731.3160. For a combination of isotopes, if R, as defined in Code of Federal Regulations, title 10, section 70.25, paragraph (a), divided by 104 is greater than 1 but R divided by 105 is less than or equal to 1. $1,125,000
Greater than 103 but less than or equal to 104 times the applicable quantities under part 4731.3160. For a combination of isotopes, if R, as defined in Code of Federal Regulations, title 10, section 70.25, paragraph (a), divided by 103 is greater than 1 but R divided by 104 is less than or equal to 1. $225,000

Subp. 4.

Funding plan requirements.

Each decommissioning funding plan must be submitted for review and approval and must contain:

A.

a detailed cost estimate for decommissioning, in an amount reflecting:

(1)

the cost of an independent contractor to perform all decommissioning activities;

(2)

the cost of meeting part 4731.2100, subpart 2, criteria for unrestricted use, provided that, if the applicant or licensee can demonstrate the ability to meet the provisions of part 4731.2100, subpart 3, the cost estimate may be based on meeting the part 4731.2100, subpart 3, criteria;

(3)

the volume of on-site subsurface material containing residual radioactivity that will require remediation; and

(4)

an adequate contingency factor;

B.

identification of and justification for using the key assumptions contained in the DCE;

C.

a description of the method of assuring funds for decommissioning from subpart 5, including the means for adjusting cost estimates and associated funding levels periodically over the life of the facility;

D.

a certification by the licensee that financial assurance for decommissioning has been provided in the amount of the cost estimate for decommissioning; and

E.

a signed original, or, if permitted, a copy, of the financial instrument obtained to satisfy the requirements of subpart 5, unless a previously submitted and accepted financial instrument continues to cover the cost estimate for decommissioning.

Subp. 4a.

Resubmittal of decommissioning funding plan.

At the time of license renewal and at intervals not to exceed three years, the decommissioning funding plan must be resubmitted with adjustments as necessary to account for changes in costs and the extent of contamination. If the amount of financial assurance will be adjusted downward, this cannot be done until the updated decommissioning funding plan is approved. The decommissioning funding plan must update the information submitted with the original or prior approved plan, and must specifically consider the effect of the following events on decommissioning costs:

A.

spills of radioactive material producing additional residual radioactivity in on-site subsurface material;

B.

waste inventory increasing above the amount previously estimated;

C.

waste disposal costs increasing above the amount previously estimated;

D.

facility modifications;

E.

changes in authorized possession limits;

F.

actual remediation costs that exceed the previous cost estimate;

G.

on-site disposal; and

H.

use of a settling pond.

Subp. 5.

Financial assurance requirements.

A.

Financial assurance for decommissioning must be provided by one of the methods described in items B to F.

B.

Prepayment is the deposit prior to the start of operation into an account segregated from licensee assets and outside the licensee's administrative control of cash or liquid assets such that the amount of funds would be sufficient to pay decommissioning costs. Prepayment may be in the form of a trust, escrow account, government fund, certificate of deposit, or deposit of government securities.

C.

A surety method, insurance, or other guarantee method guarantees that decommissioning costs will be paid. A surety method may be in the form of a surety bond, letter of credit, or line of credit. A parent company guarantee of funds for decommissioning costs based on a financial test may be used if the guarantee and test comply with part 4731.3155, but may not be used in combination with other financial methods to satisfy the requirements of this part. For commercial corporations that issue bonds, a guarantee of funds by the applicant or licensee for decommissioning costs based on a financial test may be used if the guarantee and test comply with part 4731.3165. For commercial corporations that do not issue bonds, a guarantee of funds by the applicant or licensee for decommissioning costs may be used if the guarantee and test comply with part 4731.3170. For nonprofit entities, such as colleges, universities, and nonprofit hospitals, a guarantee of funds by the applicant or licensee may be used if the guarantee and test comply with part 4731.3175. A guarantee by the applicant or licensee may not be used in combination with other financial methods used to satisfy this part or in any situation where the applicant or licensee has a parent company holding majority control of the voting stock of the company. Any surety method or insurance used to provide financial assurance for decommissioning must:

(1)

be open-ended or, if written for a specified term, such as five years, must be renewed automatically unless 90 days or more before the renewal date, the issuer notifies the commissioner, the beneficiary, and the licensee of its intention not to renew;

(2)

provide that the full face amount be paid to the beneficiary automatically before the expiration without proof of forfeiture if the licensee fails to provide a replacement acceptable to the commissioner within 30 days after receipt of notification of cancellation;

(3)

be payable to a trust established for decommissioning costs. The trustee and trust must be acceptable to the commissioner. An acceptable trustee includes an appropriate state or federal government agency or an entity that has authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency; and

(4)

remain in effect until the commissioner terminates the license.

D.

An external sinking fund in which deposits are made at least annually, coupled with a surety method or insurance, the value of which may decrease by the amount being accumulated in the sinking fund, may be used as a method of financial assurance. The surety or insurance provisions must be as stated in item C. An external sinking fund:

(1)

is a fund established and maintained by setting aside funds periodically in an account segregated from licensee assets and outside the licensee's administrative control in which the total amount of funds would be sufficient to pay decommissioning costs at the time termination of operation is expected; and

(2)

may be in the form of a trust, escrow account, government fund, certificate of deposit, or deposit of government securities.

E.

In the case of federal, state, or local government licensees, a statement of intent containing a cost estimate for decommissioning or an amount according to subpart 3 and indicating that funds for decommissioning will be obtained when necessary may be used as a method of financial assurance.

F.

When a governmental entity assumes custody and ownership of a site, an arrangement that is deemed acceptable by the governmental entity may be used as a method of financial assurance.

Subp. 6.

Record keeping.

A licensee must keep records of information important to the decommissioning of a facility in an identified location until the site is released for unrestricted use. If records important to the decommissioning of a facility are kept for other purposes, reference to the records and their location may be used. Information the commissioner considers important to decommissioning includes:

A.

records of spills or other unusual occurrences involving the spread of contamination in and around the facility, equipment, or site, which:

(1)

may be limited to instances when contamination remains after cleanup procedures or when there is reasonable likelihood that contaminants may have spread to inaccessible areas, as in the case of possible seepage into porous materials such as concrete; and

(2)

must include any known information on identification of involved nuclides, quantities, forms, and concentrations;

B.

as-built drawings and modifications of structures and equipment in restricted areas where radioactive materials are used or stored and of locations of possible inaccessible contamination, such as buried pipes, that may be subject to contamination. If required drawings are referenced, each relevant document need not be indexed individually. If drawings are not available, the licensee must substitute appropriate records of available information concerning these areas and locations;

C.

a list of the following, contained in a single document and updated every two years. Areas containing only sealed sources, if the sources have not leaked or no contamination remains after cleanup of any leak, need not be included:

(1)

all areas designated and formerly designated as restricted areas;

(2)

all areas outside of restricted areas that require documentation under item A;

(3)

all areas outside of restricted areas where current and previous wastes have been buried as documented under part 4731.2560; and

(4)

all areas outside of restricted areas that contain material such that, if the license expired, the licensee would be required to either decontaminate the area to meet the criteria for decommissioning under part 4731.2100 or apply for approval for disposal under part 4731.2410; and

D.

records of:

(1)

the cost estimate performed for the decommissioning funding plan or of the amount certified for decommissioning; and

(2)

the funding method used for assuring funds if either a funding plan or certification is used.

Statutory Authority:

MS s 144.1201; 144.1202; 144.1203; 144.1204; 144.1205

History:

29 SR 755; 40 SR 145

Published Electronically:

August 27, 2015

4731.0585 ISSUANCE OF LICENSES.

Subpart 1.

Issuance.

Upon a determination that an application meets the requirements of this chapter, the commissioner shall issue a license in such form and containing such conditions and limitations as the commissioner deems appropriate or necessary to effectuate the purposes of this chapter.

Subp. 2.

Denial.

The commissioner shall not issue a license to any person if the commissioner finds that the issuance of the license would be inimical to the common defense and security or would constitute an unreasonable risk to the health and safety of the public.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0590 LICENSE CONDITIONS.

Subpart 1.

Required conditions.

A specific license issued under parts 4731.0525 to 4731.0630 must contain and be subject to the following conditions:

A.

no right to the special nuclear material shall be conferred by the license except as defined by the license;

B.

neither the license nor any right under the license shall be assigned or otherwise transferred in violation of this chapter; and

C.

the license is subject to and the licensee must observe, all applicable rules and orders of the commissioner.

Subp. 2.

Bankruptcy.

A.

A licensee under parts 4731.0525 to 4731.0630 must notify the commissioner, in writing, immediately following the filing of a voluntary or involuntary petition for bankruptcy under any chapter of United States Code, title 11, by or against:

(1)

the licensee;

(2)

an entity, which includes a person, estate, trust, governmental unit, or United States trustee, that controls the licensee or lists the license or licensee as property; or

(3)

an affiliate of the licensee, as defined under United States Code, chapter 11, section 101, clause (2).

B.

The bankruptcy notification must indicate the bankruptcy court in which the petition for bankruptcy was filed and the date of the filing of the petition.

Subp. 3.

Additional conditions.

The commissioner may incorporate in any license such additional conditions and requirements with respect to the licensee's ownership, receipt, possession, use, and transfer of special nuclear material as the commissioner deems appropriate or necessary to protect health or to minimize danger to life or property.

Subp. 4.

Additional requirements.

The commissioner may require reports, record keeping, and inspections of activities under the license as may be necessary or appropriate to effectuate the purposes of this chapter.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0595 LICENSE RENEWAL AND AMENDMENT.

Subpart 1.

Renewal application.

Applications for renewal of a license must be filed according to parts 4731.0565 and 4731.0570. Information contained in previous applications, statements, or reports filed with the commissioner under the license may be incorporated by reference, if the references are clear and specific.

Subp. 2.

Extension; renewal pending.

If a licensee granted the extension under part 4731.0600, subpart 1, item B, has a currently pending renewal application for the extended license, the application is considered withdrawn by the licensee and any renewal fees paid by the licensee for the application shall be refunded.

Subp. 3.

Amendment applications.

Applications for amendment of a license must be filed according to part 4731.0565, subpart 1, and must specify the respects in which the licensee desires the license to be amended and the grounds for the amendment.

Subp. 4.

Consideration criteria.

In considering an application by a licensee to renew or amend a license, the commissioner shall apply the criteria under part 4731.0575.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0597 INALIENABILITY OF LICENSES.

A.

No license granted under parts 4731.0525 to 4731.0630 and no right to possess or utilize special nuclear material granted by a license issued under parts 4731.0525 to 4731.0630 shall be transferred, assigned, or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of a license to a person unless the commissioner, after securing full information, finds that the transfer is in accordance with this chapter and gives consent in writing.

B.

An application for transfer of license must include:

(1)

the identity, technical, and financial qualifications of the proposed transferee; and

(2)

financial assurance for decommissioning information required by part 4731.0580.

Statutory Authority:

MS s 144.1201; 144.1202; 144.1203; 144.1204; 144.1205

History:

29 SR 755; 40 SR 145

Published Electronically:

August 27, 2015

4731.0600 LICENSE EXPIRATION AND TERMINATION; DECOMMISSIONING.

Subpart 1.

Expiration.

A.

Except as provided in this subpart, a specific license issued under parts 4731.0525 to 4731.0630 expires at the end of the specified day in the month and year stated in the license.

B.

A specific license that has an expiration date after July 1, 1995, and that is not one of the licenses described in item C is deemed to have an expiration date that is five years after the expiration date stated on the license.

C.

The following specific licenses are not subject to, or otherwise affected, by subpart 2:

(1)

a specific license for which, on February 15, 1996, an evaluation or an emergency plan is required under Code of Federal Regulations, title 10, section 70.22, paragraph (i);

(2)

a specific license whose holder is subject to the financial assurance requirements under part 4731.0580 and whose holder on February 15, 1996, either:

(a)

has not submitted a decommissioning funding plan or certification of financial assurance for decommissioning; or

(b)

has not received written notice that the decommissioning funding plan or certification of financial assurance for decommissioning is acceptable;

(3)

a specific license whose holder is on the list of contaminated sites maintained for the NRC's site decommissioning management plan (SDMP) and published in Site Decommissioning Management Plan, NUREG-1444, Supplement 1 (November 1995);

(4)

a specific license whose issuance, amendment, or renewal, as of February 15, 1996, is not a categorical exclusion under Code of Federal Regulations, title 10, section 51.22, paragraph (c), clause (14), and, therefore, needs an environmental assessment or environmental impact statement according to Code of Federal Regulations, title 10, part 51, subpart A; and

(5)

a specific license issued according to part 4731.0585 that, as of February 15, 1996, is also subject to Code of Federal Regulations, title 10, section 70.24.

D.

A specific license revoked by the commissioner expires at the end of the day on the date of the commissioner's final determination to revoke the license, on the expiration date stated in the determination, or as otherwise provided by a commissioner's order.

E.

A specific license continues in effect, beyond the expiration date if necessary, with respect to possession of special nuclear material until the commissioner notifies the licensee in writing that the license is terminated. During this time, the licensee must:

(1)

limit actions involving special nuclear material to those related to decommissioning; and

(2)

continue to control entry to restricted areas until they are suitable for release according to this chapter.

Subp. 2.

Decommissioning.

A.

Within 60 days of any of the occurrences under item B, and consistent with the administrative directions under part 4731.0200, subpart 3, a licensee must provide notification to the commissioner in writing of such occurrence and:

(1)

begin decommissioning the licensee's site or any separate building or outdoor area that contains residual radioactivity so that the building or outdoor area is suitable for release according to this chapter; or

(2)

submit within 12 months of notification a decommissioning plan, if required under item E, and begin decommissioning upon approval of that plan.

B.

Notice under item A is required when:

(1)

the license has expired under subpart 1, item A or C;

(2)

the licensee has decided to permanently cease principal activities at the entire site or in any separate building or outdoor area;

(3)

no principal activities have been conducted under the license for a period of 24 months; or

(4)

no principal activities have been conducted for a period of 24 months in any separate building or outdoor area that contains residual radioactivity such that the building or outdoor area is unsuitable for release according to this chapter.

C.

Coincident with the notification required under this subpart, the licensee must maintain in effect all decommissioning financial assurances established by the licensee under part 4731.0580 in conjunction with license issuance or renewal or as required under this part. The amount of the financial assurance must be increased, or may be decreased, as appropriate, to cover the detailed cost estimate for decommissioning established under item H, subitem (5). A licensee who has not provided financial assurance to cover the detailed cost estimate submitted with the decommissioning plan must do so when this chapter becomes effective. Following approval of the decommissioning plan, a licensee may reduce the amount of the financial assurance as decommissioning proceeds and radiological contamination is reduced at the site with the approval of the commissioner.

D.

The commissioner may grant a request to delay or postpone initiation of the decommissioning process if the commissioner determines that this relief is not detrimental to the public health and safety and is otherwise in the public interest. The request must be submitted no later than 30 days before notification under this subpart. The schedule for decommissioning in this subpart may not commence until the commissioner has made a determination on the request.

E.

A decommissioning plan must be submitted if:

(1)

required by a license condition; or

(2)

the procedures and activities necessary to carry out decommissioning of the site or separate building or outdoor area have not been previously approved by the commissioner and the procedures could increase potential health and safety impacts to workers or the public, such as in any of the following cases:

(a)

procedures would involve techniques not routinely applied during cleanup and maintenance operations;

(b)

workers would be entering areas not normally occupied where surface contamination and radiation levels are significantly higher than routinely encountered during operation;

(c)

procedures could result in significantly greater airborne concentrations of radioactive materials than are present during operation; or

(d)

procedures could result in significantly greater releases of radioactive material to the environment than those associated with operation.

F.

The commissioner may approve an alternate schedule for submittal of a decommissioning plan required under this subpart if the commissioner determines that the alternative schedule is necessary to the effective conduct of decommissioning operations and presents no undue risk from the radiation to the public health and safety and is otherwise in the public interest.

G.

The procedures under item E, subitem (2), may not be performed before approval of the decommissioning plan.

H.

The proposed decommissioning plan for the site or separate building or outdoor area must include:

(1)

a description of the conditions of the site or separate building or outdoor area sufficient to evaluate the acceptability of the plan;

(2)

a description of planned decommissioning activities;

(3)

a description of the methods used to ensure protection of workers and the environment against radiation hazards during decommissioning;

(4)

a description of the planned final radiation survey;

(5)

an updated detailed cost estimate for decommissioning, comparison of that estimate with present funds set aside for decommissioning, and a plan for ensuring the availability of adequate funds for completion of decommissioning;

(6)

a description of the physical security plan and material control and accounting plan provisions in place during decommissioning; and

(7)

for decommissioning plans calling for completion of decommissioning later than 24 months after plan approval, a justification for the delay based on the criteria in item K.

I.

The commissioner shall approve a proposed decommissioning plan if the information in the plan demonstrates that the decommissioning will be completed as soon as practicable and that the health and safety of workers and the public will be adequately protected.

J.

Except as provided in item K, a licensee must:

(1)

complete decommissioning of the site or separate building or outdoor area as soon as practicable but no later than 24 months following the initiation of decommissioning; and

(2)

request license termination as soon as practicable but no later than 24 months following the initiation of decommissioning, when decommissioning involves the entire site.

K.

The commissioner may approve a request for an alternative schedule for completion of decommissioning of the site or separate building or outdoor area, and license termination if appropriate, if the commissioner determines that the alternative is warranted by consideration of:

(1)

whether it is technically feasible to complete decommissioning within the allotted 24-month period;

(2)

whether sufficient waste disposal capacity is available to allow completion of decommissioning within the allotted 24-month period;

(3)

whether a significant volume reduction in wastes requiring disposal will be achieved by allowing short-lived radionuclides to decay;

(4)

whether a significant reduction in radiation exposure to workers can be achieved by allowing short-lived radionuclides to decay; and

(5)

other site-specific factors that the commissioner may consider appropriate on a case-by-case basis, such as the regulatory requirements of other governmental agencies, lawsuits, groundwater treatment activities, monitored natural groundwater restoration, actions that could result in more environmental harm than deferring clean up, and other factors beyond the control of the licensee.

L.

As the final step in decommissioning, the licensee must:

(1)

certify the disposition of all licensed material, including accumulated wastes, by submitting a completed Form 314 or equivalent information; and

(2)

conduct a radiation survey of the premises where the licensed activities were carried out and submit a report of the results of the survey, unless the licensee demonstrates in some other manner that the premises are suitable for release according to parts 4731.2100 and 4731.2150. The licensee must, as appropriate:

(a)

for gamma radiation, report levels of radiation in units of microroentgens (millisieverts) per hour at one meter from surfaces;

(b)

for radioactivity, including alpha and beta radiation, report levels of radiation in units of disintegrations per minute or microcuries (megabecquerels) per 100 square centimeters removable and fixed for surfaces, microcuries (megabecquerels) per milliliter for water, and picocuries (becquerels) per gram for solids such as soils or concrete; and

(c)

specify the survey instruments used and certify that each instrument is properly calibrated and tested.

M.

Specific licenses, including expired licenses, shall be terminated by written notice to the licensee when the commissioner determines that:

(1)

special nuclear material has been properly disposed of;

(2)

reasonable effort has been made to eliminate residual radioactive contamination, if present; and

(3)

a radiation survey has been performed that demonstrates, or other information submitted by the licensee is sufficient to demonstrate, that the premises are suitable for release according to parts 4731.2100 and 4731.2150.

Subp. 3.

Required records.

Prior to license termination, any reports required by part 4731.0625 must have been received by the commissioner.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0605 SPECIFIC LICENSE; MANUFACTURE OR INITIAL TRANSFER OF CALIBRATION OR REFERENCE SOURCES.

Subpart 1.

Manufacture or initial transfer of certain calibration sources.

An application for a specific license to manufacture or initially transfer calibration and reference sources containing plutonium for distribution to persons generally licensed under part 4731.0555 shall be approved if:

A.

the applicant satisfies the general requirements of part 4731.0575;

B.

the applicant submits sufficient information regarding each type of calibration or reference source pertinent to evaluation of the potential radiation exposure, including:

(1)

chemical and physical form and maximum quantity of plutonium in the source;

(2)

details of construction and design;

(3)

details of the method of incorporation and binding of the plutonium in the source;

(4)

procedures for and results of prototype testing of sources that are designed to contain more than 0.005 microcurie of plutonium to demonstrate that the plutonium contained in each source will not be released or be removed from the source under normal conditions of use;

(5)

details of quality control procedures to be followed in manufacture of the source;

(6)

a description of labeling to be affixed to the source or the storage container for the source; and

(7)

any additional information, including experimental studies and tests, required by the commissioner to facilitate a determination of the safety of the source;

C.

each source contains no more than five microcuries of plutonium;

D.

the commissioner determines, with respect to any type of source containing more than 0.005 microcurie of plutonium that:

(1)

the method of incorporation and binding of the plutonium in the source is such that the plutonium will not be released or be removed from the source under normal conditions of use and handling of the source; and

(2)

the source has been subjected to and has satisfactorily passed the prototype tests prescribed by item E; and

E.

for any type of source that is designed to contain more than 0.005 microcurie of plutonium, the applicant has conducted prototype tests, in the order listed, on each of five prototypes of such source, which contains more than 0.005 microcurie of plutonium, as follows:

(1)

an initial measurement. The quantity of radioactive material deposited on the source must be measured by direct counting of the source;

(2)

a dry wipe test. The entire radioactive surface of the source must be wiped with filter paper with the application of moderate finger pressure. Removal of radioactive material from the source must be determined by measuring the radioactivity on the filter paper or by direct measurement of the radioactivity on the source following the dry wipe;

(3)

a wet wipe test. The entire radioactive surface of the source must be wiped with filter paper, moistened with water, with the application of moderate finger pressure. Removal of radioactive material from the source must be determined by measuring the radioactivity on the filter paper after it has dried or by direct measurement of the radioactivity on the source following the wet wipe;

(4)

a water soak test. The source must be immersed in water at room temperature for a period of 24 consecutive hours. The source must then be removed from the water. Removal of radioactive material from the source must be determined by direct measurement of the radioactivity on the source after it has dried or by measuring the radioactivity in the residue obtained by evaporation of the water in which the source was immersed;

(5)

a dry wipe test. On completion of the preceding tests under subitems (1) to (4), the dry wipe test described in subitem (2) must be repeated; and

(6)

observations. Removal of more than 0.005 microcurie of radioactivity in any test prescribed by this item is cause for rejection of the source design. Results of prototype tests submitted to the commissioner must be given in terms of radioactivity in microcuries and percent of removal from the total amount of radioactive material deposited on the source.

Subp. 2.

Labeling.

A person licensed under this part must affix to each source or storage container for the source a label that:

A.

contains sufficient information relative to safe use and storage of the source; and

B.

includes the following statement or a substantially similar statement containing the information called for:

"The receipt, possession, use, and transfer of this source, Model ..., Serial No. ..., are subject to a general license and the regulations of the Minnesota Department of Health, the Nuclear Regulatory Commission, or a state with which the Nuclear Regulatory Commission has entered into an agreement for the exercise of regulatory authority. Do not remove this label.

CAUTION -- RADIOACTIVE MATERIAL -- THIS SOURCE CONTAINS

PLUTONIUM. DO NOT TOUCH RADIOACTIVE PORTION OF

THIS SOURCE.

(Name of manufacturer or initial transferor)".

Subp. 3.

Test before transfer.

A person licensed under this part must perform a dry wipe test upon each source containing more than 0.1 microcurie of plutonium before transferring the source to a general licensee under part 4731.0555. The test must be performed by wiping the entire radioactive surface of the source with a filter paper with the application of moderate finger pressure. The radioactivity on the paper must be measured by using radiation detection instrumentation capable of detecting 0.005 microcurie of plutonium. If the test discloses more than 0.005 microcurie of radioactive material, the source is deemed to be leaking or losing plutonium and must not be transferred to a general licensee under part 4731.0555.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0610 AUTHORIZED USE OF SPECIAL NUCLEAR MATERIAL.

Subpart 1.

Authority under license.

A licensee must confine the licensee's possession and use of special nuclear material to the locations and purposes authorized in the license. Except as otherwise provided in the license, a license issued under this chapter carries with it the right to receive title to, own, acquire, receive, possess, and use special nuclear material. Preparation for shipment and transport of special nuclear material must be according to parts 4731.0400 to 4731.0455.

Subp. 2.

Material produced under license.

The possession, use, and transfer of any special nuclear material produced by a licensee, in connection with or as a result of use of special nuclear material received under the license, is subject to the provisions of the license and this chapter.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755; 32 SR 831

Published Electronically:

March 12, 2009

4731.0615 TRANSFER OF SPECIAL NUCLEAR MATERIAL.

Subpart 1.

Authorization required.

No licensee shall transfer special nuclear material except as authorized under this part.

Subp. 2.

Approved transfer.

Except as otherwise provided in a license and subject to subpart 3, a licensee may transfer special nuclear material:

A.

to the commissioner after approval from the commissioner;

B.

to the United States Department of Energy;

C.

to the agency in an agreement state that regulates radioactive material according to an agreement with the NRC, if the quantity transferred is not sufficient to form critical mass;

D.

to a person exempt from this chapter to the extent permitted under the exemption;

E.

to a person in an agreement state, subject to the jurisdiction of that state, who has been exempted from licensing requirements of that state, to the extent permitted under the exemption;

F.

to a person authorized to receive such material under terms of a specific license or a general license or their equivalents issued by the commissioner, the NRC, an agreement state, or a licensing state; or

G.

as otherwise authorized by the commissioner in writing.

Subp. 3.

Verification for transfer.

A.

Before transferring special nuclear material to a specific licensee of the commissioner, the NRC, an agreement state, or a licensing state or to a general licensee who is required to register with the commissioner, the NRC, an agreement state, or a licensing state before receipt of the special nuclear material, the licensee transferring radioactive material must verify that the transferee's license authorizes the receipt of the type, form, and quantity of special nuclear material to be transferred.

B.

Any of the following methods of verification are acceptable:

(1)

the transferor may possess and read a current copy of the transferee's specific license or general license registration certificate. The transferor must retain a copy of each license or certificate until the next inspection;

(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 special nuclear material to be transferred, specifying:

(a)

the license or registration certificate number;

(b)

the issuing agency; and

(c)

the expiration date.

The transferor must retain the written certification as a record for three years from the date of receipt of the certification; or

(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 special nuclear material to be transferred, specifying:

(a)

the license or registration certificate number;

(b)

the issuing agency; and

(c)

the expiration date.

The oral certification must be confirmed in writing within ten days. The transferor must retain the written confirmation of the oral certification for three years from the date of receipt of the confirmation.

Subp. 4.

Other sources of information.

The transferor may obtain other information compiled by a reporting service from official records of the commissioner, the NRC, or the licensing agency of an agreement state regarding the identity of licensees or registrants and the scope and expiration dates of the licenses and registrations. The transferor must retain the compilation of information as a record for three years from the date that it was obtained.

Subp. 5.

Confirmation.

The transferor may obtain and record confirmation from the commissioner, the NRC, or the licensing agency of an agreement state or licensing state that the transferee is licensed to receive the special nuclear material:

A.

when none of the methods of verification described in subparts 3 and 4 are readily available; or

B.

when a transferor desires to verify that information received by one of the verification methods is correct or up-to-date.

The transferor must retain the record of confirmation for three years from the date the record is made.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0620 REPORTING REQUIREMENTS.

Subpart 1.

Immediate notification required.

A licensee must notify the commissioner as soon as possible but not later than four hours after the discovery of an event that prevents immediate protective actions necessary to avoid exposures to radiation and radioactive materials that could exceed regulatory limits or releases of licensed material that could exceed regulatory limits. Reportable events under this subpart include fires, explosions, toxic gas release, or similar hazards.

Subp. 2.

24-hour notification required.

A licensee must notify the commissioner within 24 hours after discovery of any of the following events involving licensed material:

A.

an unplanned contamination event that:

(1)

requires access to the contaminated area, by workers or the public, to be restricted for more than 24 hours by imposing additional radiological controls or by prohibiting entry into the areas;

(2)

involves a quantity of material greater than five times the lowest annual limit on intake specified in part 4731.2750 for the material; and

(3)

restricts access to the area for a reason other than to allow isotopes with a half-life of less than 24 hours to decay prior to decontamination;

B.

an event in which equipment is disabled or fails to function as designed when:

(1)

the equipment is required by rule or license condition to prevent releases exceeding regulatory limits, to prevent exposure to radiation and radioactive materials exceeding regulatory limits, or to mitigate the consequences of an accident;

(2)

the equipment is required to be available and operable when it is disabled or fails to function; and

(3)

no redundant equipment is available and operable to perform the required safety function;

C.

an event that requires unplanned medical treatment at a medical facility of an individual with spreadable radioactive contamination on the individual's clothing or body; or

D.

an unplanned fire or explosion that damages any licensed material or any device, container, or equipment containing licensed materials when:

(1)

the quantity of material involved is greater than five times the lowest annual limit on intake under part 4731.2750 for the material; and

(2)

the damage affects the integrity of the licensed material or its container.

Subp. 3.

Preparation and submission of reports.

A.

A licensee must make reports required under subparts 1 and 2 and Code of Federal Regulations, title 10, section 70.74, and part 70, Appendix A, if applicable, by telephone to the commissioner. To the extent that the information is available at the time of notification, the information provided in the report must include:

(1)

the caller's name, position, title, and call-back telephone number;

(2)

the date, time, and exact location of the event;

(3)

a description of the event, including:

(a)

the radiological or chemical hazards involved, including isotopes, quantities, and chemical and physical form of any material released;

(b)

the actual or potential health and safety consequences to the workers, the public, and the environment, including relevant chemical and radiation data for actual personnel exposures to radiation or radioactive materials or hazardous chemicals produced from licensed materials, for example, level of radiation exposure, concentration of chemicals, and duration of exposure;

(c)

the sequence of occurrences leading to the event, including degradation or failure of structures, systems, equipment, components, and activities of personnel relied on to prevent potential accidents or mitigate their consequences; and

(d)

whether the remaining structures, systems, equipment, components, and activities of personnel relied on to prevent potential accidents or mitigate their consequences are available and reliable to perform their function;

(4)

any external conditions affecting the event;

(5)

any additional actions taken by the licensee in response to the event;

(6)

the status of the event, for example, whether the event is ongoing or was terminated;

(7)

the current and planned site status, including any declared emergency class;

(8)

any notifications related to the event that were made or are planned to be made to the commissioner or any local, state, or federal agencies; and

(9)

the status of any press releases related to the event that were made or are planned.

B.

A licensee that makes a report required under subpart 1 or 2 or Code of Federal Regulations, title 10, section 70.74, and part 70, Appendix A, if applicable, must submit a written follow-up report within 30 days of the initial notification. Written reports prepared as required by other rules may be submitted to fulfill this requirement if the reports contain all of the necessary information. The written reports must be sent to the commissioner. The reports must include:

(1)

the probable cause of the event, including all factors that contributed to the event, and the manufacturer and model number, if applicable, of any equipment that failed or malfunctioned;

(2)

the exact location of the event;

(3)

the isotopes, quantities, and chemical and physical form of the licensed involved;

(4)

the date and time of the event;

(5)

corrective actions taken or planned to prevent the occurrence of similar or identical events in the future and the results of any evaluations or assessments; and

(6)

the extent of exposure of individuals to radiation or to radioactive materials, without identification of the individuals by name.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0625 RECORD TRANSFER REQUIREMENTS.

Subpart 1.

Transfer to commissioner.

Prior to license termination, a licensee authorized to possess radioactive materials must forward the following records to the commissioner:

A.

records of disposal of licensed material made under parts 4731.2410 to 4731.2440;

B.

records required under part 4731.2510; and

C.

records required under part 4731.0580.

Subp. 2.

Transfer to new licensee.

If licensed activities are transferred or assigned according to part 4731.0597, the licensee must transfer the following records to the new licensee and the new licensee is responsible for maintaining the records until the license is terminated:

A.

records of disposal of licensed material made under parts 4731.2410 to 4731.2440;

B.

records required under part 4731.2510; and

C.

records required under part 4731.0580.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0630 INSPECTIONS AND TESTS.

Subpart 1.

Material and premises inspection.

A licensee must afford to the commissioner at all reasonable times opportunity to inspect special nuclear material and the premises and facilities wherein special nuclear material is used, produced, or stored.

Subp. 2.

Record inspection.

A licensee must make available to the commissioner for inspection, upon reasonable notice, records kept by the licensee pertaining to the licensee's receipt, possession, use, acquisition, import, export, or transfer of special nuclear material.

Subp. 3.

Testing.

A licensee must perform, or permit the commissioner to perform, such tests as the commissioner deems appropriate or necessary for the administration of parts 4731.0525 to 4731.0630, including tests of:

A.

special nuclear material;

B.

facilities wherein special nuclear material is utilized, produced, or stored;

C.

radiation detection and monitoring instruments; and

D.

other equipment and devices used in connection with the production, utilization, or storage of special nuclear material.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

DOMESTIC LICENSING OF SOURCE MATERIAL

4731.0700 PURPOSE AND SCOPE.

Subpart 1.

Scope.

The purpose of parts 4731.0700 to 4731.0840 is to establish procedures and criteria for the issuance of licenses to receive title to, receive, possess, use, transfer, or deliver source and by-product materials and establish and provide for the terms and conditions upon which the commissioner will issue such licenses. Parts 4731.0700 to 4731.0840 also provide for the disposal of by-product material and for the long-term care and custody of by-product material and residual radioactive material.

Subp. 2.

Applicability; enforcement notice.

Except as provided in parts 4731.0715 to 4731.0730, parts 4731.0700 to 4731.0840 apply to all persons in the area in which the Department of Health maintains jurisdiction. Parts 4731.0700 to 4731.0840 give notice to all persons who knowingly provide to any licensee, applicant, contractor, or subcontractor, components, equipment, materials, or other goods or services that relate to a licensee's or applicant's activities subject to parts 4731.0700 to 4731.0840 that they may be individually subject to the commissioner's enforcement action for violation of part 4731.0260, subpart 3.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0705 INACTIVE TAILINGS SITES.

The NRC regulates by-product material that is located at a site where milling operations are no longer active, if the site is not covered by the remedial action program of title I of the Uranium Mill Tailings Radiation Control Act of 1978, Public Law 95-604. Code of Federal Regulations, title 10, part 40, Appendix A, applies to such sites.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0710 LICENSE REQUIREMENT.

A person subject to parts 4731.0700 to 4731.0840 may not receive title to, own, receive, possess, use, transfer, provide for long-term care, deliver, or dispose of any source material after removal from its place of deposit in nature, unless authorized in a specific or general license issued by the commissioner under parts 4731.0700 to 4731.0840.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0715 EXEMPTION; USE OF SOURCE MATERIAL UNDER CERTAIN FEDERAL CONTRACTS.

A.

Except to the extent that United States Department of Energy (DOE) facilities or activities of the types subject to licensing under United States Code, title 42, section 5842, the Energy Reorganization Act of 1974, or the Uranium Mill Tailings Radiation Control Act of 1978, Public Law 95-604, are involved, a prime contractor of the DOE is exempt from parts 4731.0700 to 4731.0840 to the extent that the contractor, under the prime contract with the DOE, receives, possesses, uses, transfers, or delivers source material for:

(1)

the performance of work for the DOE at a United States government-owned or -controlled site, including the transportation of source material to or from such site and the performance of contract services during temporary interruptions of such transportation;

(2)

research in or development, manufacture, storage, testing, or transportation of atomic weapons or components thereof; or

(3)

the use or operation of nuclear reactors or other nuclear devices in United States government-owned vehicles or vessels.

B.

In addition to the exemptions under item A, and subject to the requirement for licensing of DOE facilities and activities under the Energy Reorganization Act of 1974 or the Uranium Mill Tailings Radiation Control Act of 1980, a prime contractor or subcontractor of the DOE or the NRC is exempt from parts 4731.0700 to 4731.0840 to the extent that:

(1)

the prime contractor or subcontractor receives, possesses, uses, transfers, or delivers source material under the prime contract or subcontract; and

(2)

the NRC determines that:

(a)

the exemption is authorized by law; and

(b)

under the terms of the contract or subcontract, there is adequate assurance that the work thereunder can be accomplished without undue risk to the public health and safety.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0720 EXEMPTION; CARRIERS.

Common and contract carriers, freight forwarders, warehousers, and the United States Postal Service are exempt from parts 4731.0700 to 4731.0840, to the extent that they transport or store source material in the regular course of the carriage for another or storage incident thereto.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0725 EXEMPTION; UNIMPORTANT QUANTITIES OF SOURCE MATERIAL.

Subpart 1.

Low percentage source material.

A person is exempt from parts 4731.0700 to 4731.0840 to the extent that the person receives, possesses, uses, transfers, or delivers source material in any chemical mixture, compound, solution, or alloy in which the source material is by weight less than 1/20 of one percent (0.05%) of the mixture, compound, solution, or alloy.

Subp. 2.

Ores containing source material.

A person is exempt from parts 4731.0700 to 4731.0840 to the extent that the person receives, possesses, uses, or transfers unrefined and unprocessed ore containing source material, provided that, except as authorized in a specific license, the person does not refine or process the ore.

Subp. 3.

Certain items and materials.

A.

A person is exempt from parts 4731.0700 to 4731.2950 to the extent that the person receives, possesses, uses, or transfers:

(1)

any quantities of thorium contained in:

(a)

incandescent gas mantles;

(b)

vacuum tubes;

(c)

welding rods;

(d)

electric lamps for illuminating purposes, provided that each lamp does not contain more than 50 milligrams of thorium;

(e)

germicidal lamps, sunlamps, and lamps for outdoor or industrial lighting, provided that each lamp does not contain more than two grams of thorium;

(f)

rare earth metals and compounds, mixtures, and products containing not more than 0.25 percent by weight thorium, uranium, or any combination of these; or

(g)

personnel neutron dosimeters, provided that each dosimeter does not contain more than 50 milligrams of thorium;

(2)

source material contained in the following products:

(a)

glazed ceramic tableware manufactured before August 27, 2013, provided that the glaze contains not more than 20 percent by weight source material;

(b)

piezoelectric ceramic containing not more than two percent by weight source material;

(c)

glassware containing not more than two percent by weight source material or, for glassware manufactured before August 27, 2013, ten percent by weight source material, but not including commercially manufactured glass brick, pane glass, ceramic tile, or other glass or ceramic used in construction; or

(d)

glass enamel or glass enamel frit containing not more than ten percent by weight source material imported or ordered for importation into the United States, or initially distributed by manufacturers in the United States, before July 25, 1983;

(3)

photographic film, negatives, and prints containing uranium or thorium;

(4)

any finished product or part fabricated of or containing tungsten or magnesium-thorium alloys, provided that the thorium content of the alloy does not exceed four percent by weight and that the exemption in this subitem shall not be deemed to authorize the chemical, physical, or metallurgical treatment of any such product or part;

(5)

uranium contained in counterweights installed in aircraft, rockets, projectiles, and missiles or stored or handled in connection with installation or removal of such counterweights, provided that:

(a)

each counterweight has been impressed with the following legend clearly legible through any plating or other covering: "Depleted Uranium." This subunit does not apply to counterweights manufactured before December 31, 1969, if the counterweights were manufactured under a specific license issued by the Atomic Energy Commission and were impressed with the legend required under Code of Federal Regulations, title 10, section 40.13, paragraph (c), clause (5), subclause (i), in effect June 30, 1969;

(b)

each counterweight is durably and legibly labeled or marked with the identification of the manufacturer and the statement: "Unauthorized Alterations Prohibited." This subunit does not apply to counterweights manufactured before December 31, 1969, if the counterweights were manufactured under a specific license issued by the Atomic Energy Commission and were impressed with the legend required under Code of Federal Regulations, title 10, section 40.13, paragraph (c), clause (5), subclause (i), in effect June 30, 1969; and

(c)

the exemption contained in this subitem shall not be deemed to authorize the chemical, physical, or metallurgical treatment or processing of any such counterweights other than repair or restoration of any plating or other covering;

(6)

natural or depleted uranium metal used as shielding constituting part of a shipping container, provided that:

(a)

the shipping container is conspicuously and legibly impressed with the legend "CAUTION - RADIOACTIVE SHIELDING - URANIUM"; and

(b)

the uranium metal is encased in mild steel or equally fire-resistant metal of minimum wall thickness of one-eighth inch (3.2 mm);

(7)

thorium or uranium contained in or on finished optical lenses or mirrors, provided that each does not contain more than ten percent by weight of thorium or uranium or for lenses manufactured before August 27, 2013, 30 percent by weight of thorium. The exemption in this subitem shall not be deemed to authorize:

(a)

the shaping, grinding, or polishing of such lens or mirror or manufacturing processes other than the assembly of such lens or mirror into optical systems and devices without any alteration of the lens or mirror; or

(b)

the receipt, possession, use, or transfer of thorium or uranium contained in contact lenses, spectacles, or eyepieces of binoculars or other optical instruments; or

(8)

thorium contained in any finished aircraft engine part containing nickel-thoria alloy, provided that:

(a)

the thorium is dispersed in the nickel-thoria alloy in the form of finely divided thoria (thorium dioxide); and

(b)

the thorium content in the nickel-thoria alloy does not exceed four percent by weight.

B.

The exemptions in this subpart do not authorize the manufacture of any of the products described.

C.

No person may initially transfer for sale or distribution a product containing source material to persons exempt under this subpart, or equivalent regulations of the NRC or an agreement state, unless authorized by a license issued under Code of Federal Regulations, title 10, section 40.52, to initially transfer such products for sale or distribution.

(1)

Persons initially distributing source material in products covered by the exemptions in this subpart before August 27, 2013, without specific authorization may continue distribution for one year beyond this date. Initial distribution may also be continued until the NRC takes final action on a pending application for license or license amendment to specifically authorize distribution submitted no later than one year beyond this date.

(2)

Persons authorized to manufacture, process, or produce these materials or products containing source material by the NRC or an agreement state, and persons who import finished products or parts, for sale or distribution must be authorized by a license issued under Code of Federal Regulations, title 10, section 40.52, for distribution only and are exempt from the requirements of parts 4731.0765, items B and C, and 4731.1000 to 4731.2950.

Subp. 4.

[Repealed, 40 SR 145]

Statutory Authority:

MS s 144.1201; 144.1202; 144.1203; 144.1204; 144.1205

History:

29 SR 755; 40 SR 145

Published Electronically:

August 27, 2015

4731.0730 OTHER EXEMPTIONS.

A.

The commissioner may, upon application of any interested person or upon the commissioner's own initiative, grant exemptions from parts 4731.0700 to 4731.0840 as the commissioner determines are authorized by law and will not endanger life or property and are otherwise in the public interest.

B.

The United States Department of Energy is exempt from parts 4731.0700 to 4731.0840.

C.

Except as specifically provided in Code of Federal Regulations, title 10, part 61, a licensee is exempt from parts 4731.0700 to 4731.0840 to the extent that the licensee's activities are subject to Code of Federal Regulations, title 10, part 61.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0735 TYPES OF LICENSES.

A.

Licenses for radioactive material are of two types: general and specific.

B.

Licenses for long-term care and custody of residual radioactive material at disposal sites are general licenses. The general licenses provided under parts 4731.0700 to 4731.0840 are effective without the filing of applications with the commissioner or the issuance of licensing documents to particular persons.

C.

Licenses issued to named persons upon applications filed according to parts 4731.0700 to 4731.0840 are specific licenses.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0740 GENERAL LICENSE; TITLE TO SOURCE OR RADIOACTIVE MATERIAL.

A general license is issued authorizing the receipt of title to source or radioactive material without regard to quantity. This general license does not authorize any person to receive, possess, deliver, use, or transfer source or radioactive material.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0745 GENERAL LICENSE; SMALL QUANTITIES OF SOURCE MATERIAL.

Subpart 1.

General license issued.

A general license is issued authorizing commercial and industrial firms; research, educational, and medical institutions; and state and local government agencies to receive, possess, use, and transfer uranium and thorium, in their natural isotopic concentrations and in the form of depleted uranium, for research, development, educational, commercial, or operational purposes in the following forms and quantities:

A.

no more than 1.5 kg (3.3 lb) of uranium and thorium in dispersible forms, for example gaseous, liquid, or powder, at any one time. Any material processed by the general licensee that alters the chemical or physical form of the material containing source material must be accounted for as a dispersible form. A person authorized to possess, use, and transfer source material under this item may not receive more than a total of 7 kg (15.4 lb) of uranium and thorium in any one calendar year. Persons possessing source material in excess of these limits as of December 31, 2014, may continue to possess up to 7 kg (15.4 lb) of uranium and thorium at any one time for one year beyond this date, or until the commissioner takes final action on a pending application submitted on or before December 31, 2015, for a specific license for such material and receive up to 70 kg (154 lb) of uranium or thorium in any one calendar year until December 31, 2015, or until the commissioner takes final action on a pending application submitted on or before December 31, 2015, for a specific license for such material; and

B.

no more than a total of 7 kg (15.4 lb) of uranium and thorium at any one time. A person authorized to possess, use, and transfer source material under this item may not receive more than a total of 70 kg (154 lb) of uranium and thorium in any one calendar year. A person may not alter the chemical or physical form of the source material possessed under this item unless it is accounted for under the limits of item A; or

C.

no more than 7 kg (15.4 lb) of uranium, removed during the treatment of drinking water, at any one time. A person may not remove more than 70 kg (154 lb) of uranium from drinking water during a calendar year under this item; or

D.

no more than 7 kg (15.4 lb) of uranium and thorium at laboratories for the purpose of determining the concentration of uranium and thorium contained within the material being analyzed at any one time. A person authorized to possess, use, and transfer source material under this item may not receive more than a total of 70 kg (154 lb) of source material in any one calendar year.

Subp. 2.

Other law.

A person who receives, possesses, uses, or transfers source material under the general license issued under subpart 1:

A.

is prohibited from administering source material, or the radiation therefrom, either externally or internally, to human beings except as authorized by the commissioner in a specific license;

B.

must not abandon the source material. Source material may be disposed of as follows:

(1)

a cumulative total of 0.5 kg (1.1 lb) of source material in a solid, nondispersible form may be transferred each calendar year, by a person authorized to receive, possess, use, and transfer source material under this general license to persons receiving the material for permanent disposal. The recipient of source material transferred under the provisions of this subitem is exempt from the requirements to obtain a license under parts 4731.0700 to 4731.0840 to the extent the source material is permanently disposed. This provision does not apply to any person who is in possession of source material under a specific license issued under this chapter; or

(2)

in accordance with part 4731.2400;

C.

is subject to the provisions in parts 4731.0700 to 4731.0710, 4731.0785, and 4731.0810 to 4731.0840;

D.

must respond to written requests from the commissioner to provide information relating to the general license within 30 calendar days of the date of the request, or other time specified in the request. If the person cannot provide the requested information within the allotted time, the person must, within that same time period, request a longer period to supply the information by providing the commissioner a written justification for the request; and

E.

must not export such source material except in accordance with Code of Federal Regulations, title 10, section 110.

Subp. 2a.

Contamination.

Any person who receives, possesses, uses, or transfers source material in accordance with subpart 1 must conduct activities to minimize contamination of the facility and the environment. When activities involving source material are permanently ceased at any site, if evidence of significant contamination is identified, the general licensee must notify the commissioner about the contamination and may consult with the commissioner as to the appropriateness of sampling and restoration activities to ensure that any contamination or residual source material remaining at the site where source material was used under this general license is not likely to result in exposures that exceed the limits in part 4731.2100.

Subp. 3.

Exemption.

A person who receives, possesses, uses, or transfers source material under the general license issued under subpart 1 is exempt from the provisions of parts 4731.1000 to 4731.2950 to the extent that receipt, possession, use, and transfer are within the terms of this general license, except that the person must comply with the provisions of parts 4731.2100, subpart 1, and 4731.2400 to the extent necessary to meet the provisions of subparts 2, item B, and 3. However, this exemption does not apply to any person who also holds a specific license issued under this chapter.

Subp. 4.

Transfer authorization required.

No person may initially transfer or distribute source material to persons generally licensed under subpart 1, item A or B, or equivalent regulations of the NRC or an agreement state, unless authorized by a specific license issued in accordance with part 4731.0816 or equivalent provisions of the NRC or an agreement state. This prohibition does not apply to analytical laboratories returning processed samples to the client who initially provided the sample. Initial distribution of source material to persons generally licensed by subpart 1 before December 31, 2014, without specific authorization may continue for one year beyond this date. Distribution may also be continued until the commissioner takes final action on a pending application for license or license amendment to specifically authorize distribution submitted on or before December 31, 2014.

Statutory Authority:

MS s 144.1201; 144.1202; 144.1203; 144.1204; 144.1205

History:

29 SR 755; 40 SR 145

Published Electronically:

August 27, 2015

4731.0750 GENERAL LICENSE; USE OF CERTAIN INDUSTRIAL PRODUCTS OR DEVICES.

Subpart 1.

General license issued.

A general license is issued to receive, acquire, possess, use, or transfer, according to this part, depleted uranium contained in industrial products or devices for the purpose of providing a concentrated mass in a small volume of the product or device.

Subp. 2.

Scope.

The general license issued under subpart 1 applies only to industrial products or devices that have been manufactured or initially transferred according to a specific license issued under part 4731.0770 or according to a specific license issued by the NRC or an agreement state that authorizes manufacture of the products or devices for distribution to persons generally licensed by the NRC or an agreement state.

Subp. 3.

Registration certificate.

A.

A person who receives, acquires, possesses, or uses depleted uranium under the general license issued under subpart 1 must submit to the commissioner a form for a registration certificate for use of depleted uranium under a general license, as prescribed by the commissioner. The form must be submitted within 30 days after the first receipt or acquisition of the depleted uranium.

B.

A registrant must furnish the following information on the form and any other information as may be prescribed by the commissioner:

(1)

the name and address of the registrant;

(2)

a statement that the registrant has developed and will maintain procedures designed to establish physical control over the depleted uranium described in subpart 1 and to prevent transfer of the depleted uranium in any form, including metal scrap, to persons not authorized to receive the depleted uranium; and

(3)

the name, title, address, and telephone number of the individual duly authorized to act for and on behalf of the registrant in supervising the procedures identified in subitem (2).

C.

A registrant possessing or using depleted uranium under the general license issued under subpart 1 must report in writing to the commissioner any changes in information furnished by the registrant under item B. The report must be submitted within 30 days after the effective date of the change.

Subp. 4.

License requirements.

A.

A person who receives, acquires, possesses, or uses depleted uranium under the general license issued in subpart 1:

(1)

must not introduce the depleted uranium, in any form, into a chemical, physical, or metallurgical treatment or process, except a treatment or process for repair or restoration of any plating or other covering of the depleted uranium;

(2)

must not abandon the depleted uranium;

(3)

must transfer or dispose of the depleted uranium only by transfer according to part 4731.0815 and:

(a)

when the transferee receives the depleted uranium under the general license issued under subpart 1, the transferor must furnish the transferee a copy of this part and a copy of the registration certificate form required under subpart 3; or

(b)

when the transferee receives the depleted uranium under a general license issued under an NRC or agreement state regulation equivalent to this part, the transferor must furnish the transferee a copy of this part and a copy of the registration certificate form required under subpart 3, accompanied by a note explaining that use of the product or device is regulated by the NRC or an agreement state under requirements substantially the same as those in this part; and

(4)

within 30 days of any transfer, must report in writing to the commissioner the name and address of the person receiving the source material pursuant to the transfer.

B.

A person receiving, acquiring, possessing, using, or transferring depleted uranium under the general license issued under subpart 1 is exempt from parts 4731.1000 to 4731.2950 with respect to the depleted uranium covered by the general license.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0760 SPECIFIC LICENSE; APPLICATION.

Subpart 1.

Application generally.

A.

An application for a specific license must be filed on an application for radioactive material license form prescribed by the commissioner.

B.

An applicant may incorporate by reference information contained in previous applications, statements, or reports filed with the commissioner, provided the reference is clear and specific.

C.

Applications and statements must be signed by the applicant or licensee or a person duly authorized to act for and on behalf of the applicant or licensee.

D.

The commissioner may at any time after the filing of the original application, and before the expiration of the license, require further statements to enable the commissioner to determine whether the application should be granted or denied or whether a license should be modified or revoked.

E.

An application for a license under parts 4731.0700 to 4731.0840 shall be considered also as an application for licenses authorizing other activities for which licenses are required by the commissioner, provided that the application specifies the additional activities for which licenses are requested and complies with requirements for applications for such licenses.

F.

An application for a source material license must be accompanied by the fee prescribed under Minnesota Statutes, section 144.1205.

Subp. 2.

Decommissioning requirements.

As provided under part 4731.0780, certain applications for specific licenses filed under this part must contain a proposed decommissioning funding plan or a certification of financial assurance for decommissioning.

Subp. 3.

Additional requirements; uranium hexafluoride.

A.

An application to possess uranium hexafluoride in excess of 50 kilograms in a single container or 1,000 kilograms total must contain:

(1)

an evaluation showing that the maximum intake of uranium by a member of the public due to release would not exceed two milligrams; or

(2)

an emergency plan for responding to the radiological hazards of an accidental release of source material and to any associated chemical hazards directly incident thereto.

B.

One or more of the following factors may be used to support an evaluation submitted under item A, subitem (1):

(1)

all or part of the radioactive material is not subject to release during an accident because of the way it is stored or packaged;

(2)

facility design or engineered safety features in the facility would reduce the amount of the release; or

(3)

other factors appropriate for the specific facility.

C.

An emergency plan submitted under item A, subitem (2), must include:

(1)

a brief description of the licensee's facility and area near the site;

(2)

identification of each type of accident for which protective actions may be needed;

(3)

a classification system for classifying accidents as alert or site area emergencies;

(4)

identification of the means of detecting each type of accident in a timely manner;

(5)

a brief description of the means and equipment for mitigating the consequences of each type of accident, including those provided to protect workers on-site, and a description of the program for maintaining the equipment;

(6)

a brief description of the methods and equipment to assess releases of radioactive materials;

(7)

a brief description of the responsibilities of licensee personnel should an accident occur, including identification of personnel responsible for promptly notifying off-site response organizations and the commissioner, and the responsibilities for developing, maintaining, and updating the plan;

(8)

a commitment to and a brief description of the means to promptly notify the commissioner and off-site response personnel and request assistance, including medical assistance for the treatment of contaminated injured on-site workers when appropriate. A control point must be established. The notification and coordination must be planned so that unavailability of some personnel, parts of the facility, and equipment does not prevent notification and coordination. The licensee must also commit to notifying the commissioner immediately after the licensee has notified the off-site response organizations and not later than one hour after the licensee declares an emergency;

(9)

a brief description of the types of information on facility status, radioactive releases, and recommended protective actions, if necessary, to be given to off-site response organizations and to the commissioner;

(10)

a brief description of the frequency, performance objectives, and plans for the training that the licensee will provide workers on how to respond to an emergency, including any special instructions and orientation tours the licensee would offer to fire, police, medical, and other emergency personnel. The training must:

(a)

familiarize personnel with site-specific emergency procedures;

(b)

prepare site personnel for their responsibilities in the event of an accident; and

(c)

use team training for accident scenarios postulated as the most probable accidents for the specific site;

(11)

a brief description of the means of restoring the facility to a safe condition after an accident;

(12)

provisions for conducting quarterly communications checks with off-site response organizations and biennial on-site exercises to test response to simulated emergencies. A quarterly communications check with off-site response organizations must include checking and updating all necessary telephone numbers. The licensee must invite off-site response organizations to participate in the biennial exercises. Participation of off-site response organizations in biennial exercises, although recommended, is not required. Exercises must use accident scenarios postulated as most probable for the specific site and the scenarios must not be known to most exercise participants. The licensee must critique each exercise using individuals not having direct implementation responsibility for the plan. Critiques of exercises must evaluate the appropriateness of the plan, emergency procedures, facilities, equipment, training of personnel, and overall effectiveness of the response. Deficiencies found by the critiques must be corrected; and

(13)

a certification that the applicant has met its responsibilities under the Emergency Planning and Community Right-to-Know Act of 1986, title III, Public Law 99-499, if applicable to the applicant's activities at the proposed place of use of the source material.

Subp. 4.

Comments.

A licensee must:

A.

allow the off-site response organizations expected to respond in case of an accident 60 days to comment on the licensee's emergency plan before submitting it to the commissioner; and

B.

provide any comments received within the 60 days to the commissioner along with the emergency plan.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0765 SPECIFIC LICENSE; APPROVAL.

The commissioner shall approve an application for a specific license if:

A.

the application is for a purpose authorized under this chapter;

B.

the applicant is qualified by reason of training and experience according to this chapter to use the source material for the purpose requested in such manner as to protect health and minimize danger to life and property;

C.

the applicant's proposed equipment, facilities, and procedures are in accordance with this chapter and are adequate to protect health and minimize danger to life and property; and

D.

the applicant satisfies any applicable special requirements under part 4731.0770.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0770 SPECIFIC LICENSE; CERTAIN INDUSTRIAL PRODUCTS AND DEVICES.

Subpart 1.

License requirements.

An application for a specific license to manufacture industrial products and devices containing depleted uranium or to initially transfer such products and devices, for use according to part 4731.0750 or equivalent regulations of the NRC or an agreement state, shall be approved if the applicant:

A.

satisfies the general requirements under part 4731.0765;

B.

submits sufficient information relating to the design, manufacture, prototype testing, quality control procedures, labeling or marking, proposed uses, and potential hazards of the industrial product or device to provide reasonable assurance that possession, use, or transfer of the depleted uranium in the product or device is not likely to cause any individual to receive in one year a radiation dose in excess of ten percent of the annual limits specified in part 4731.2020, subpart 1; and

C.

submits sufficient information regarding the industrial product or device and the presence of depleted uranium for a mass-volume application in the product or device to provide reasonable assurance that unique benefits will accrue to the public because of the usefulness of the product or device.

Subp. 2.

Questionable benefits.

In the case of an industrial product or device whose unique benefits are questionable, the commissioner shall approve an application for a specific license under this part only if the product or device is found to combine a high degree of utility and low probability of uncontrolled disposal and dispersal of significant quantities of depleted uranium into the environment.

Subp. 3.

End uses unforeseeable.

The commissioner may deny an application for a specific license under this part if the end uses of the industrial product or device cannot be reasonably foreseen.

Subp. 4.

License conditions.

A person licensed under this part must:

A.

maintain the level of quality control required by the license in the manufacture of the industrial product or device and in the installation of the depleted uranium into the product or device;

B.

label or mark each unit to:

(1)

identify:

(a)

the manufacturer or initial transferor of the product or device;

(b)

the number of the license under which the product or device was manufactured or initially transferred;

(c)

the fact that the product or device contains depleted uranium; and

(d)

the quantity of depleted uranium in each product or device; and

(2)

state that receipt, possession, use, and transfer of the product or device are subject to a general license or the equivalent and to the regulations of the NRC or an agreement state;

C.

ensure that the depleted uranium, before being installed in each product or device, has been impressed with the following legend clearly legible through any plating or other covering: "Depleted Uranium";

D.

furnish a copy of:

(1)

the general license issued under part 4731.0750 and a copy of NRC Form 244 to each person to whom the licensee transfers source material in a product or device for use according to the general license issued under part 4731.0750;

(2)

the general license issued under an NRC or agreement state regulation equivalent to part 4731.0750 and a copy of the NRC or agreement state certificate; or

(3)

the general license issued under part 4731.0750 and a copy of NRC Form 244 to each person to whom the licensee transfers source material in a product or device for use according to a general license of the NRC or an agreement state, accompanied by a note explaining that use of the product or device is regulated by the NRC or an agreement state under requirements substantially the same as those in part 4731.0750; and

E.

report to the commissioner all transfers of industrial products or devices to persons for use under the general license issued under part 4731.0750. The report must be submitted within 30 days after the end of each calendar quarter in which the product or device is transferred to a generally licensed person. If no transfers have been made to a person generally licensed under part 4731.0750 during the reporting period, the report must so indicate. The report must identify:

(1)

each general licensee by name and address;

(2)

an individual by name or position who may constitute a point of contact between the commissioner and the general licensee;

(3)

the type and model number of the device transferred; and

(4)

the quantity of depleted uranium contained in the product or device.

Subp. 5.

Record keeping.

A licensee must keep records for three years from the date of transfer showing:

A.

the name, address, and point of contact for each general licensee to whom the licensee transfers depleted uranium in industrial products or devices for use according to the general license issued under part 4731.0750 or equivalent regulations of the NRC or an agreement state;

B.

the date of each transfer;

C.

the quantity of depleted uranium in each product or device transferred; and

D.

compliance with the report requirements of this part.

Subp. 6.

Emergency plan.

A licensee that is required to submit an emergency plan under part 4731.0760 must follow the emergency plan approved by the commissioner. The licensee:

A.

may change the plan without commissioner approval if the changes do not decrease the effectiveness of the plan;

B.

must furnish the change to the commissioner within six months after the change is made; and

C.

may not implement proposed changes that decrease the effectiveness of the approved emergency plan without prior application to and prior approval by the commissioner.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0780 FINANCIAL ASSURANCE AND RECORD KEEPING FOR DECOMMISSIONING.

Subpart 1.

Applicability.

This part establishes criteria for providing financial assurance for decommissioning, except for licenses authorizing the receipt, possession, and use of source material for uranium or thorium milling or radioactive material at sites formerly associated with such milling, for which financial assurance requirements are set forth in part 4731.0580.

Subp. 2.

More than 100 mCi.

An applicant for a specific license authorizing the possession and use of more than 100 millicuries (3.7 GBq) of source material in a readily dispersible form must submit a decommissioning funding plan according to subpart 4.

Subp. 3.

Between ten mCi and 100 mCi.

A.

An applicant for a specific license authorizing possession and use of quantities of source material greater than ten millicuries (370 MBq) but less than or equal to 100 millicuries (3.7 GBq) in a readily dispersible form must:

(1)

submit a decommissioning funding plan according to subpart 4; or

(2)

submit a certification that financial assurance for decommissioning has been provided in the amount of $225,000, using one of the methods described under subpart 5. The certification may state that the appropriate assurance will be obtained after the application has been approved and the license issued but before the receipt of licensed material.

B.

If an applicant defers execution of the financial instrument until after the license has been issued, a signed original of the financial instrument obtained to satisfy the requirements of subpart 5 must be submitted to the commissioner before receipt of licensed material.

C.

If an applicant does not defer execution of the financial instrument, the applicant must submit to the commissioner, as part of the certification, a signed original of the financial instrument obtained to satisfy the requirements of subpart 5.

D.

A holder of a specific license:

(1)

issued on or after July 27, 1990, which is covered by subpart 1 or 2, shall provide financial assurance for decommissioning according to this part; and

(2)

issued before July 27, 1990, and of a type described in subpart 1 shall submit a decommissioning funding plan as described in subpart 5 or a certification of financial assurance for decommissioning in an amount at least equal to $1,125,000 according to this part. If the licensee submits the certificate of financial assurance rather than a decommissioning funding plan, the licensee shall include a decommissioning funding plan in any application for license renewal. Licensees required to submit the $1,125,000 amount must do so by December 2, 2004.

Subp. 4.

Funding plan requirements.

A.

Each decommissioning funding plan must be submitted for review and approval and must contain:

(1)

a detailed cost estimate for decommissioning, in an amount reflecting:

(a)

the cost of an independent contractor to perform all decommissioning activities;

(b)

the cost of meeting the criteria in part 4731.2100, subpart 2, for unrestricted use, provided that, if the applicant or licensee can demonstrate its ability to meet the provisions of part 4731.2100, subpart 3, the cost estimate may be based on meeting the criteria in part 4731.2100, subpart 3;

(c)

the volume of on-site subsurface material containing residual radioactivity that will require remediation; and

(d)

an adequate contingency factor;

(2)

identification of and justification for using the key assumptions contained in the DCE;

(3)

a description of the method of assuring funds for decommissioning from subpart 5, including means for adjusting cost estimates and associated funding levels periodically over the life of the facility;

(4)

a certification by the licensee that financial assurance for decommissioning has been provided in the amount of the cost estimate for decommissioning; and

(5)

a signed original, or if permitted, a copy, of the financial instrument obtained to satisfy the requirements of subpart 5, unless a previously submitted and accepted financial instrument continues to cover the cost estimate for decommissioning.

B.

At the time of license renewal and at intervals not to exceed three years, the decommissioning funding plan must be resubmitted with adjustments as necessary to account for changes in costs and the extent of contamination. If the amount of financial assurance will be adjusted downward, this cannot be done until the updated decommissioning funding plan is approved. The decommissioning funding plan must update the information submitted with the original or prior approved plan, and must specifically consider the effect of the following events on decommissioning costs:

(1)

spills of radioactive material producing additional residual radioactivity in on-site subsurface material;

(2)

waste inventory increasing above the amount previously estimated;

(3)

waste disposal costs increasing above the amount previously estimated;

(4)

facility modifications;

(5)

changes in authorized possession limits;

(6)

actual remediation costs that exceed the previous cost estimate;

(7)

on-site disposal; and

(8)

use of a settling pond.

Subp. 5.

Financial assurance requirements.

A.

Financial assurance for decommissioning must be provided by one of the methods described in items B to F.

B.

Prepayment is the deposit prior to the start of operation into an account segregated from licensee assets and outside the licensee's administrative control of cash or liquid assets such that the amount of funds would be sufficient to pay decommissioning costs. Prepayment may be in the form of a trust, escrow account, government fund, certificate of deposit, or deposit of government securities.

C.

A surety method, insurance, or other guarantee method guarantees that decommissioning costs will be paid. A surety method may be in the form of a surety bond, letter of credit, or line of credit. A parent company guarantee of funds for decommissioning costs based on a financial test may be used if the guarantee and test comply with part 4731.3155, but may not be used in combination with other financial methods to satisfy the requirements of this part. For commercial corporations that issue bonds, a guarantee of funds by the applicant or licensee for decommissioning costs based on a financial test may be used if the guarantee and test comply with part 4731.3165. For commercial corporations that do not issue bonds, a guarantee of funds by the applicant or licensee for decommissioning costs may be used if the guarantee and test comply with part 4731.3170. For nonprofit entities, such as colleges, universities, and nonprofit hospitals, a guarantee of funds by the applicant or licensee may be used if the guarantee and test comply with part 4731.3175. A guarantee by the applicant or licensee may not be used in combination with other financial methods used to satisfy this part or in any situation where the applicant or licensee has a parent company holding majority control of the voting stock of the company. Any surety method or insurance used to provide financial assurance for decommissioning must:

(1)

be open-ended or, if written for a specified term, such as five years, must be renewed automatically unless 90 days or more before the renewal date, the issuer notifies the commissioner, the beneficiary, and the licensee of its intention not to renew;

(2)

provide that the full face amount be paid to the beneficiary automatically before the expiration without proof of forfeiture if the licensee fails to provide a replacement acceptable to the commissioner within 30 days after receipt of notification of cancellation;

(3)

be payable to a trust established for decommissioning costs. The trustee and trust must be acceptable to the commissioner. An acceptable trustee includes an appropriate state or federal government agency or an entity that has authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency; and

(4)

remain in effect until the commissioner terminates the license.

D.

An external sinking fund in which deposits are made at least annually, coupled with a surety method or insurance, the value of which may decrease by the amount being accumulated in the sinking fund, may be used as a method of financial assurance. The surety or insurance provisions must be as stated in item C. An external sinking fund:

(1)

is a fund established and maintained by setting aside funds periodically in an account segregated from licensee assets and outside the licensee's administrative control in which the total amount of funds would be sufficient to pay decommissioning costs at the time termination of operation is expected; and

(2)

may be in the form of a trust, escrow account, government fund, certificate of deposit, or deposit of government securities.

E.

In the case of federal, state, or local government licensees, a statement of intent containing a cost estimate for decommissioning or an amount according to subpart 3 and indicating that funds for decommissioning will be obtained when necessary may be used as a method of financial assurance.

F.

When a governmental entity assumes custody and ownership of a site, an arrangement that is deemed acceptable by the governmental entity may be used as a method of financial assurance.

Subp. 6.

Record keeping.

A.

A licensee must keep records of information important to the decommissioning of a facility in an identified location until the site is released for unrestricted use.

B.

Before licensed activities are transferred or assigned according to part 4731.0785, subpart 1, item A, a licensee must transfer all records described in this subpart to the new licensee. The new licensee is responsible for maintaining the records until the license is terminated.

C.

If records important to the decommissioning of a facility are kept for other purposes, reference to the records and their location may be used.

D.

Information the commissioner considers important to decommissioning are:

(1)

records of spills or other unusual occurrences involving the spread of contamination in and around the facility, equipment, or site, which:

(a)

may be limited to instances when contamination remains after cleanup procedures or when there is reasonable likelihood that contaminants may have spread to inaccessible areas, as in the case of possible seepage into porous materials such as concrete; and

(b)

must include any known information on identification of involved nuclides, quantities, forms, and concentrations;

(2)

as-built drawings and modifications of structures and equipment in restricted areas where radioactive materials are used or stored and of locations of possible inaccessible contamination, such as buried pipes, that may be subject to contamination. If required drawings are referenced, each relevant document need not be indexed individually. If drawings are not available, the licensee must substitute appropriate records of available information concerning these areas and locations;

(3)

a list of the following, contained in a single document and updated every two years:

(a)

all areas designated and formerly designated as restricted areas;

(b)

all areas outside of restricted areas that require documentation under subitem (1);

(c)

all areas outside of restricted areas where current and previous wastes have been buried as documented under part 4731.2560; and

(d)

all areas outside of restricted areas that contain material such that, if the license expired, the licensee would be required to either decontaminate the area to meet the criteria for decommissioning under part 4731.2100 or apply for approval for disposal under part 4731.2410; and

(4)

records of:

(a)

the cost estimate performed for the decommissioning funding plan or of the amount certified for decommissioning; and

(b)

the funding method used for assuring funds if either a funding plan or certification is used.

Statutory Authority:

MS s 144.1201; 144.1202; 144.1203; 144.1204; 144.1205

History:

29 SR 755; 32 SR 831; 40 SR 145

Published Electronically:

August 27, 2015

4731.0785 LICENSE CONDITIONS.

Subpart 1.

Required conditions.

A specific license issued under parts 4731.0700 to 4731.0840 must contain and be subject to the following conditions:

A.

neither the license nor any right under the license shall be assigned or otherwise transferred in violation of this chapter; and

B.

the license is subject to and the licensee must observe, all applicable rules and orders of the commissioner.

Subp. 2.

Scope of license.

A person licensed by the commissioner under parts 4731.0700 to 4731.0840 must confine the licensee's possession and use of radioactive material to the locations and purposes authorized in the license. Except as otherwise provided in the license, a license issued under parts 4731.0700 to 4731.0840 carries with it the right to receive, possess, and use radioactive material. Preparation for shipment and transport of radioactive material must be according to this chapter.

Subp. 3.

Bankruptcy.

A.

A licensee under parts 4731.0700 to 4731.0840 must notify the commissioner, in writing, immediately following the filing of a voluntary or involuntary petition for bankruptcy under any chapter of United States Code, title 11, by or against:

(1)

the licensee;

(2)

an entity, which includes a person, estate, trust, governmental unit, or United States trustee, that controls the licensee or lists the license or licensee as property; or

(3)

an affiliate of the licensee, as defined under United States Code, chapter 11, section 101, clause (2).

B.

The bankruptcy notification must indicate the bankruptcy court in which the petition for bankruptcy was filed and the date of the filing of the petition.

Subp. 4.

Additional conditions.

The commissioner may incorporate in any license, at the time of issuance or thereafter by appropriate rule or order, such additional conditions and requirements with respect to the licensee's receipt, possession, use, and transfer of source or radioactive material as the commissioner deems appropriate or necessary to protect health or to minimize danger to life or property.

Subp. 5.

Additional requirements.

The commissioner may require reports, record keeping, and inspections of activities under the license as may be necessary or appropriate to effectuate the purposes of this chapter.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0790 LICENSE EXPIRATION AND TERMINATION; DECOMMISSIONING.

Subpart 1.

Expiration.

Except as provided in this subpart, a specific license issued under parts 4731.0700 to 4731.0840 expires at the end of the day on the expiration date stated in the license, unless the licensee has filed an application for renewal not less than 30 days before the expiration date stated in the existing license. If an application for renewal has been filed at least 30 days before the expiration date stated in the existing license, the existing license expires at the end of the day on which the commissioner makes a final determination to deny the renewal application or, if the determination states an expiration date, the expiration date stated in the determination.

Subp. 2.

Revocation.

A specific license revoked by the commissioner expires at the end of the day on the date of the commissioner's final determination to revoke the license, on the expiration date stated in the determination, or as otherwise provided by a commissioner's order.

Subp. 3.

Termination notice.

A specific license continues in effect, beyond the expiration date if necessary, with respect to possession of source material, until the commissioner notifies the licensee in writing that the license is terminated. During this time, the licensee must:

A.

limit actions involving source material to those related to decommissioning; and

B.

continue to control entry to restricted areas until they are suitable for release according to this chapter.

Subp. 4.

Decommissioning.

A.

Within 60 days of any of the occurrences under item B, a licensee must provide notification to the commissioner in writing of such occurrence and:

(1)

begin decommissioning the licensee's site or any separate building or outdoor area that contains residual radioactivity so that the building or outdoor area is suitable for release according to this chapter; or

(2)

submit within 12 months of notification a decommissioning plan, if required under item E or F, and begin decommissioning upon approval of that plan.

B.

Notice under item A is required when:

(1)

the license has expired under subpart 1 or 2;

(2)

the licensee has decided to permanently cease principal activities at the entire site or in any separate building or outdoor area;

(3)

no principal activities have been conducted under the license for a period of 24 months; or

(4)

no principal activities have been conducted for a period of 24 months in any separate building or outdoor area that contains residual radioactivity such that the building or outdoor area is unsuitable for release according to this chapter.

C.

Coincident with the notification required under item A, the licensee must maintain in effect all decommissioning financial assurances established by the licensee under part 4731.0780 in conjunction with license issuance or renewal or as required under this part. The amount of the financial assurance must be increased, or may be decreased, as appropriate, to cover the detailed cost estimate for decommissioning established under item H, subitem (5). Following approval of the decommissioning plan, a licensee may reduce the amount of the financial assurance as decommissioning proceeds and radiological contamination is reduced at the site with the approval of the commissioner.

D.

The commissioner may grant a request to delay or postpone initiation of the decommissioning process if the commissioner determines that this relief is not detrimental to the public health and safety and is otherwise in the public interest. The request must be submitted no later than 30 days before notification under item A. The schedule for decommissioning in this subpart may not commence until the commissioner has made a determination on the request.

E.

A decommissioning plan must be submitted if:

(1)

required by a license condition; or

(2)

the procedures and activities necessary to carry out decommissioning of the site or separate building or outdoor area have not been previously approved by the commissioner and the procedures could increase potential health and safety impacts to workers or the public, such as in any of the following cases:

(a)

procedures would involve techniques not routinely applied during cleanup and maintenance operations;

(b)

workers would be entering areas not normally occupied where surface contamination and radiation levels are significantly higher than routinely encountered during operation;

(c)

procedures could result in significantly greater airborne concentrations of radioactive materials than are present during operation; or

(d)

procedures could result in significantly greater releases of radioactive material to the environment than those associated with operation.

F.

The commissioner may approve an alternate schedule for submittal of a decommissioning plan required under this subpart if the commissioner determines that the alternative schedule is necessary to the effective conduct of decommissioning operations and presents no undue risk from the radiation to the public health and safety and is otherwise in the public interest.

G.

The procedures under item E, subitem (2), may not be performed before approval of the decommissioning plan.

H.

The proposed decommissioning plan for the site or separate building or outdoor area must include:

(1)

a description of the conditions of the site or separate building or outdoor area sufficient to evaluate the acceptability of the plan;

(2)

a description of planned decommissioning activities;

(3)

a description of the methods used to ensure protection of workers and the environment against radiation hazards during decommissioning;

(4)

a description of the planned final radiation survey;

(5)

an updated detailed cost estimate for decommissioning, comparison of that estimate with present funds set aside for decommissioning, and a plan for ensuring the availability of adequate funds for completion of decommissioning; and

(6)

for decommissioning plans calling for completion of decommissioning later than 24 months after plan approval, a justification for the delay based on the criteria in item K.

I.

The commissioner shall approve a proposed decommissioning plan if the information in the plan demonstrates that the decommissioning will be completed as soon as practicable and that the health and safety of workers and the public will be adequately protected.

J.

Except as provided in item K, a licensee must:

(1)

complete decommissioning of the site or separate building or outdoor area as soon as practicable but no later than 24 months following the initiation of decommissioning; and

(2)

request license termination as soon as practicable but no later than 24 months following the initiation of decommissioning, when decommissioning involves the entire site.

K.

The commissioner may approve a request for an alternative schedule for completion of decommissioning of the site or separate building or outdoor area, and license termination if appropriate, if the commissioner determines that the alternative is warranted by consideration of:

(1)

whether it is technically feasible to complete decommissioning within the allotted 24-month period;

(2)

whether sufficient waste disposal capacity is available to allow completion of decommissioning within the allotted 24-month period;

(3)

whether a significant volume reduction in wastes requiring disposal will be achieved by allowing short-lived radionuclides to decay;

(4)

whether a significant reduction in radiation exposure to workers can be achieved by allowing short-lived radionuclides to decay; and

(5)

other site-specific factors that the commissioner may consider appropriate on a case-by-case basis, such as the regulatory requirements of other governmental agencies, lawsuits, groundwater treatment activities, monitored natural groundwater restoration, actions that could result in more environmental harm than deferring clean up, and other factors beyond the control of the licensee.

L.

As the final step in decommissioning, the licensee must:

(1)

certify the disposition of all licensed material, including accumulated wastes, by submitting a completed NRC Form 314 or equivalent information; and

(2)

conduct a radiation survey of the premises where the licensed activities were carried out and submit a report of the results of the survey, unless the licensee demonstrates in some other manner that the premises are suitable for release according to part 4731.2100. The licensee must, as appropriate:

(a)

for gamma radiation, report levels of radiation in units of microroentgens (millisieverts) per hour at one meter from surfaces;

(b)

for radioactivity, including alpha and beta radiation, report levels of radiation in units of disintegrations per minute or microcuries (megabecquerels) per 100 square centimeters removable and fixed for surfaces, microcuries (megabecquerels) per milliliter for water, and picocuries (becquerels) per gram for solids such as soils or concrete; and

(c)

specify the survey instruments used and certify that each instrument is properly calibrated and tested.

M.

Specific licenses, including expired licenses, shall be terminated by written notice to the licensee when the commissioner determines that:

(1)

source material has been properly disposed of;

(2)

reasonable effort has been made to eliminate residual radioactive contamination, if present;

(3)

a radiation survey has been performed that demonstrates, or other information submitted by the licensee is sufficient to demonstrate, that the premises are suitable for release according to part 4731.2100; and

(4)

records required under part 4731.0825, subparts 4 and 6, have been received.

Subp. 5.

Exemptions.

Specific licenses for uranium and thorium milling are exempt from subpart 4, items B, subitem (4), and D to I, with respect to reclamation of tailings impoundments and waste disposal areas.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0795 LICENSE RENEWAL AND AMENDMENT.

Subpart 1.

Renewal application.

Applications for renewal of a specific license must be filed on an application for radioactive material license form, as prescribed by the commissioner, according to part 4731.0760.

Subp. 2.

Amendment applications.

Applications for amendment of a license must be filed on an application for radioactive material license form, as prescribed by the commissioner, according to part 4731.0760 and must specify the respects in which the licensee desires the license to be amended and the grounds for the amendment.

Subp. 3.

Consideration criteria.

In considering an application by a licensee to renew or amend a license, the commissioner shall apply the criteria under part 4731.0765.

Statutory Authority:

MS s 144.1202; 144.1203

History:

29 SR 755

Published Electronically:

March 12, 2009

4731.0810 INALIENABILITY OF LICENSES.

A.

No license issued or granted under parts 4731.0700 to 4731.0840 shall be transferred, assigned, or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of a license to a person unless the commissioner, after securing full information, finds that the transfer is in accordance with this chapter and gives consent in writing.

B.

An application for transfer of license must include:

(1)

the identity, technical, and financial qualifications of the proposed transferee; and

(2)

financial assurance for decommissioning information required by part 4731.0780, as applicable.

Statutory Authority:

MS s 144.1201; 144.1202; 144.1203; 144.1204; 144.1205

History:

29 SR 755; 40 SR 145

Published Electronically:

August 27, 2015

4731.0815 TRANSFER OF RADIOACTIVE MATERIAL.

Subpart 1.

Authorization required.

No licensee shall transfer radioactive material except as authorized under this part.

Subp. 2.

Approved transfer.

Except as otherwise provided in a license and subject to subpart 3, a licensee may transfer radioactive material:

A.

to the United States Department of Energy;

B.

to the agency in an agreement state that regulates radioactive material;

C.

to a person exempt from parts 4731.0700 to 4731.0840, to the extent permitted under the exemption;

D.

to a person in an agreement state, subject to the jurisdiction of that state, who has been exempted from licensing requirements of that state, to the extent permitted under the exemption;

E.

to a person authorized to receive radioactive material under terms of a specific license or a general license or their equivalents issued by the commissioner, the NRC, or an agreement state; or

F.

as otherwise authorized by the commissioner in writing.

Subp. 3.

Verification for transfer.

A.

Before transferring radioactive material to a specific licensee of the commissioner, the NRC, an agreement state, or a licensing state or to a general licensee who is required to register with the commissioner, the NRC, an agreement state, or a licensing state before receipt of the radioactive material, the licensee transferring radioactive material must verify that the transferee's license authorizes the receipt of the type, form, and quantity of radioactive material to be transferred.

B.

Any of the following methods of verification are acceptable:

(1)

the transferor may possess and read a current copy of the transferee's specific license or general license registration certificate. The transferor must retain a copy of each license or certificate until the next inspection;