Loading (50 kb)...'

(continued)
(3) $1,000.00 for evaluation of each sealed source only; and
(4) $400.00, annually, for each registry certificate maintained by the Department indicating that the sealed source or device is commercially manufactured and/or distributed and includes evaluations of modifications of the source or device identified on the certificate.
(g) Fees required by this section shall be nonrefundable.


Note: Authority cited: Sections 100275, 115000, 115060 and 115065, Health and Safety Code. Reference: Sections 114965, 114970, 114980 and 115165, Health and Safety Code.


s 30232. Fee Limitations.


Note: Authority cited: Sections 208, 25811 and 25816, Health and Safety Code. Reference: Sections 25801, 25802, 25815, 25816, 25875 and 25876, Health and Safety Code.


s 30235. Schedule A. Exempt Quantities.
Radionuclide Microcuries
-------------------------------------------------------------------------------
Antimony-122 (Sb<>122) 100
Antimony-124 (Sb<>124) 10
Antimony-125 (Sb<>125) 10
Arsenic-73 (As<>73) 100
Arsenic-74 (As<>74) 10
Arsenic-76 (As<>76) 10
Arsenic-77 (As<>77) 100
Barium-131 (Ba<>131) 10
Barium-133 (Ba<>133) 10
Barium-140 (Ba<>140) 10
Beryllium-7 (Be<>7) 100
Bismuth-210 (Bi<>210) 1
Bromine-82 (Br<>82) 10
Cadmium-109 (Cd<>109) 10
Cadmium-115m (Cd<>115m) 10
Cadmium-115 (Cd<>115) 100
Calcium-45 (Ca<>45) 10
Calcium-47 (Ca<>47) 10
Carbon-14 (C<>14) 100
Cerium-141 (Ce<>141) 100
Cerium-143 (Ce<>143) 100
Cerium-144 (Ce<>144) 1
Cesium-129 (Cs<>129) 100
Cesium-131 (Cs<>131) 1,000
Cesium-134m (Cs<>134m) 100
Cesium-134 (Cs<>134) 1
Cesium-135 (Cs<>135) 10
Cesium-136 (Cs<>136) 10
Cesium-137 (Cs<>137) 10
Chlorine-36 (Cl<>36) 10
Chlorine-38 (Cl<>38) 10
Chromium-51 (Cr<>51) 1,000
Cobalt-57 (Co<>57) 100
Cobalt-58m (Co<>58m) 10
Cobalt-58 (Co<>58) 10
Cobalt-60 (Co<>60) 1
Copper-64 (Cu<>64) 100
Dysprosium-165 (Dy<>165) 10
Dysprosium-166 (Dy<>166) 100
Erbium-169 (Er<>160) 100
Erbium-171 (Er<>171) 100
Europium-152 9.2h (Eu<>1529.2h) 100
Europium-152 13 yr (Eu<>15213 yr) 1
Europium-154 (Eu<>154) 1
Europium-155 (Eu<>155) 10
Fluorine-18 (F<>18) 1,000
Gadolinium-153 (Gd<>153) 10
Gadolinium-159 (Gd<>159) 100
Gallium-67 (Ga<>67) 100
Gallium-72 (Ga<>72) 10
Germanium-72 (Ge<>71) 100
Gold-198 (Au<>198) 100
Gold-199 (Au<>199) 100
Hafnium-181 (Hf<>181) 10
Holmium-166 (Ho<>166) 100
Hydrogen-3 (H<>3) 1,000
Indium-111 (In<>111) 100
Indium-113 (In<>113) 10
Indium-114 (In<>114) 100
Indium-115 (In<>115) 100
Iodine-123 (I<>123) 100
Iodine-125 (I<>125) 1
Iodine-126 (I<>126) 1
Iodine-129 (I<>129) 0.1
Iodine-131 (I<>131) 1
Iodine-132 (I<>132) 10
Iodine-133 (I<>133) 1
Iodine-134 (I<>134) 10
Iodine-135 (I<>135) 10
Iridium-192 (Ir<>192) 10
Iridium-194 (Ir<>194) 100
Iron-52 (Fe<>52) 10
Iron-55 (Fe<>55) 100
Iron-59 (Fe<>59) 10
Krypton-85 (Kr<>85) 100
Krypton-87 (Kr<>87) 10
Lanthanum-140 (La<>140) 10
Lead-210 (Pb<>210) 0.1
Lutetium-177 (Lu<>177) 100
Manganses-52 (Mn<>52) 10
Manganses-54 (Mn<>54) 10
Manganses-56 (Mn<>56) 10
Mercury-197m (Hg<>197m) 100
Mercury-197 (Hg<>197) 100
Mercury-203 (Hg<>203) 10
Molybdenum-99 (Mo<>99) 100
Neodymium-147 (Nd<>147) 100
Neodymium-149 (Nd<>149) 100
Nickel-59 (Ni<>59) 100
Nickel-63 (Ni<>63) 10
Nickel-65 (Ni<>65) 100
Niobium-93m (Nb<>93m) 10
Niobium-95 (Nb<>95) 10
Niobium-97 (Nb<>97) 10
Osmium-185 (Os<>185) 10
Osmium-191m (Os<>191m) 100
Osmium-191 (Os<>191) 100
Osmium-193 (Os<>193) 100
Palladium-103 (Pd<>103) 100
Palladium-109 (Pd<>109) 100
Phosphorus-32 (P<>32) 10
Platinum-191 (Pt<>191) 100
Platinum-193m (Pt<>193m) 100
Platinum-193 (Pt<>193) 100
Platinum-197m (Pt<>197m) 100
Platinum-197 (Pt<>197) 100
Polonium-210 (Po<>210) 0.1
Potassium-42 (K<>42) 10
Potassium-43 (K<>43) 10
Praseodymium-142 (Pr<>142) 100
Praseodymium-143 (Pr<>143) 100
Promethium-147 (Pm<>147) 10
Promethium-149 (Pm<>149) 10
Rhenium-186 (Re<>186) 100
Rhenium-188 (Re<>188) 100
Rhodium-103m (Rh<>103m) 100
Rhodium-105 (Rh<>105) 100
Rubidium-81 (Rb<>81) 10
Rubidium-86 (Rb<>86) 10
Rubidium-87 (Rb<>87) 10
Ruthenium-97 (Ru<>97) 100
Ruthenium-103 (Ru<>103) 10
Ruthenium-105 (Ru<>105) 10
Ruthenium-106 (Ru<>106) 1
Samarium-151 (Sm<>151) 10
Samarium-153 (Sm<>153) 100
Scandium-46 (Sc<>46) 10
Scandium-47 (Sc<>47) 100
Scandium-48 (Sc<>48) 10
Selenium-75 (Se<>75) 10
Silicon-31 (Si<>31) 100
Silver-105 (Ag<>105) 10
Silver-110m (Ag<>110m) 1
Silver-111 (Ag<>111) 100
Sodium-22 (Na<>22) 1
Sodium-24 (Na<>24) 10
Strontium-85 (Sr<>85) 10
Strontium-89 (Sr<>89) 1
Strontium-90 (Sr<>90) 0.1
Strontium-91 (Sr<>91) 10
Strontium-92 (Sr<>92) 10
Sulphur-35 (s<>35) 100
Tantalum-182 (Ta<>182) 10
Technetuim-96 (Tc<>96) 10
Technetuim-97m (Tc<>97m) 100
Technetuim-97 (Tc<>97) 100
Technetuim-99m (Tc<>99m) 100
Technetuim-99 (Tc<>99) 10
Tellurium-125m (Te<>125m) 10
Tellurium-127m (Te<>127m) 10
Tellurium-127 (Te<>127) 100
Tellurium-129m (Te<>129m) 10
Tellurium-129 (Te<>129) 100
Tellurium-131m (Te<>131m) 10
Tellurium-132 (Te<>132) 10
Terbium-160 (Tb<>160) 10
Thallium-200 (Ti<>200) 100
Thallium-201 (Ti<>201) 100
Thallium-204 (Ti<>204) 10
Thullium-170 (Tm<>170) 10
Thullium-171 (Tm<>171) 10
Tin-113 (Sn<>113) 10
Tin-125 (Sn<>125) 10
Tungsten-181 (W<>181) 10
Tungsten-185 (W<>185) 10
Tungsten-187 (W<>187) 100
Vanadium-48 (V<>48) 10
Xenon-131m (Xe<>131m) 1,000
Xenon-133 (Xe<>133) 100
Xenon-135 (Xe<>135) 100
Ytterbium-175 (Yb<>175) 100
Yttrium-87 (Y<>87) 10
Yttrium-90 (Y<>90) 10
Yttrium-91 (Y<>91) 10
Yttrium-92 (Y<>92) 100
Yttrium-93 (Y<>93) 100
Zinc-65 (Zn<>65) 10
Zinc-69m (Zn<>69m) 100
Zinc-69 (Zn<>69) 1,000
Zirconium-93 (Zr<>93) 10
Zirconium-95 (Zr<>95) 10
Zirconium-97 (Zr<>97) 10
Any radionuclide not listed above other than alpha emitting 0.1
radionuclides



Note: Authority cited: Sections 100275 and 115000, Health and Safety Code. Reference: Sections 114965, 114970, 115000, 115060, 115165, 115230 and 115235, Health and Safety Code.


s 30236. Schedule B, Table I, In Vitro Clinical Tests.
Maximum Maximum
Microcuries Microcuries
Radionuclide Per Unit Total
Hydrogen 3 50 2,000
Carbon 14 10 2,000
Iron 59 20 200
Selenium 75 10 200
Cobalt 57 10 200
Iodine 125 or Idione 131 10 200
Mock Iodine 125
Reference source
Iodine 129 0.05 --
Americium 241 0.005 --



Note: Authority cited: Sections 208 and 25811, Health and Safety Code. Reference: Sections 25801, 25802, 25811, 25815, 25855, 25875 and 25876, Health and Safety Code.


s 30237. Schedule C.
Column I Column II
Gas Liquid and solid
concentration concentration
Element (atomic number)
Isotope (<> (<> Ci/ml [FN2]
Ci/ml [FN1]
_______________________________________________________________________________
Antimony (51)........ Sb <>122 .............. 3 x 10 <>-4
Sb <>124 .............. 2 x 10 <>-4
Sb <>125 .............. 1 x 10 <>-3
Argon (18)........... Ar <>37 1 x 10 ......................
<>-3
Ar <>41 4 x 10 ......................
<>-7
Arsenic (33)......... As <>73 .............. 5 x 10 <>-3
As <>74 .............. 5 x 10 <>-4
As <>76 .............. 2 x 10 <>-4
As <>77 .............. 8 x 10 <>-4
Barium (56).......... Ba <>131 .............. 2 x 10 <>-3
Ba <>140 .............. 3 x 10 <>-4
Beryllium (4)........ Be <>7 .............. 2 x 10 <>-2
Bismuth (83)......... Bi <>206 .............. 4 x 10 <>-4
Bromine (35)......... Br <>42 4 x 10 3 x 10 <>-2
<>-7
Cadmium (48)......... Cd <>109 .............. 2 x 10 <>-2
Cd <>115m .............. 3 x 10 <>-4
Cd <>113 .............. 3 x 10 <>-4
Calcium (20)......... Ca <>45 .............. 9 x 10 <>-3
Ca <>47 .............. 5 x 10 <>-4
Carbon (6)........... C <>14 1 x 10 8 x 10 <>-3
<>-6
Cerium (58).......... Ce <>141 .............. 9 x 10 <>-4
Ce <>143 .............. 4 x 10 <>-4
Ce <>144 .............. 1 x 10 <>-4
Cesium (55).......... Cs <>131 .............. 2 x 10 <>-2
Cs <>134m .............. 6 x 10 <>-2
Cs <>134 .............. 9 x 10 <>-3
Chlorine (17)........ Cl <>36 9 x 10 4 x 10 <>-3
<>-7
Chromium (24)........ Cr <>51 .............. 2 x 10 <>-2
Cobalt (27).......... Co <>57 .............. 5 x 10 <>-3
Co <>58 .............. 1 x 10 <>-3
Co <>60 .............. 5 x 10 <>-4
Copper (29).......... Cu <>64 .............. 3 x 10 <>-3
Dysprosium (66)...... Dy <>165 .............. 4 x 10 <>-3
Dy <>166 .............. 4 x 10 <>-4
Erbium (68).......... Er <>169 .............. 9 x 10 <>-4
Er <>171 .............. 1 x 10 <>-3
Europium (63)........ Eu <>162 .............. 6 x 10 <>-4
(T/2=9.2 Hrs.) .............. ......................
Eu <>158 .............. 2 x 10 <>-3
Fluorine (9)......... F <>18 2 x 10 8 x 10 <>-3
<>-6
Gadolinium (64)...... Gd <>153 .............. 2 x 10 <>-3
Gd <>159 .............. 8 x 10 <>-4
Gallium (31)......... Ga <>72 .............. 4 x 10 <>-4
Germanium (32)....... Ge <>71 .............. 2 x 10 <>-2
Gold (79)............ Au <>196 .............. 2 x 10 <>-2
Au <>198 .............. 5 x 10 <>-4
Au <>199 .............. 2 x 10 <>-2
Hafnium (72)......... Hf <>181 .............. 7 x 10 <>-4
Hydrogen (1)......... H <>3 5 x 10 3 x 10 <>-2
<>-6
Indium (49).......... In <>113m .............. 1 x 10 <>-2
In <>114m .............. 2 x 10 <>-4
Iodine (53).......... I <>126 3 x 10 2 x 10 <>-5
<>-9
I <>131 3 x 10 2 x 10 <>-3
<>-9
I <>132 8 x 10 6 x 10 <>-4
<>-8
I <>133 1 x 10 7 x 10 <>-3
<>-8
I <>134 2 x 10 1 x 10 <>-3
<>-7
Iridium (77)......... Ir <>190 .............. 2 x 10 <>-3
Ir <>192 .............. 4 x 10 <>-4
Ir <>194 .............. 3 x 10 <>-4
Iron (26)............ Fe <>53 .............. 8 x 10 <>-2
Fe <>59 .............. 6 x 10 <>-4
Krypton (36)......... Kr <>86m 1 x 10 ......................
<>-6
Kr <>88 3 x 10 ......................
<>-6
Lanthanum (57)....... La <>140 .............. 2 x 10 <>-4
Lead (82)............ Pb <>203 .............. 4 x 10 <>-3
Lutetium (71)........ Lu <>177 .............. 1 x 10 <>-3
Manganese (25)....... Mn <>52 .............. 3 x 10 <>-4
Mn <>54 .............. 1 x 10 <>-3
Mn <>56 .............. 1 x 10 <>-3
Mercury (80)......... Hg <>197m .............. 2 x 10 <>-3
Hg <>197 .............. 3 x 10 <>-3
Hg <>203 .............. 2 x 10 <>-4
Molybdenum (42)...... Mo <>99 .............. 2 x 10 <>-3
Neodymium (60)....... Nd <>147 .............. 6 x 10 <>-4
Nd <>149 .............. 3 x 10 <>-3
Nickel (28).......... Ni <>66 .............. 1 x 10 <>-3
Niobium Nb <>95 .............. 1 x 10 <>-3
(columbium)(41)....
Nb <>97 .............. 9 x 10 <>-3
Osmium (76).......... Os <>185 .............. 7 x 10 <>-4
Os <>191m .............. 3 x 10 <>-2
Os <>191 .............. 2 x 10 <>-3
Os <>193 .............. 6 x 10 <>-4
Palladium (46)....... Pd <>103 .............. 3 x 10 <>-3
Pd <>109 .............. 9 x 10 <>-4
Phosphorus (15)...... P <>32 .............. 2 x 10 <>-4
Platinum (78)........ Pt <>191 .............. 1 x 10 <>-3
Pt <>193m .............. 1 x 10 <>-2
Pt <>197m .............. 1 x 10 <>-2
Pt <>197 .............. 1 x 10 <>-3
Polonium (84)........ Po <>210 .............. 7 x 10 <>-4
Potassium (19)....... K <>42 .............. 3 x 10 <>-3
Praseodymium (59).... Pr <>142 .............. 3 x 10 <>-4
Pr <>143 .............. 5 x 10 <>-4
Promethium (61)...... Pm <>147 .............. 2 x 10 <>-3
Pm <>149 .............. 4 x 10 <>-4
Radium (88).......... Ra <>223 .............. 1 x 10 <>-7
Radon (86)........... Rn <>230 1 x 10 ......................
<>-7
Rn <>222 1 x 10 ......................
<>-8
Rhenium (75)......... Re <>183 .............. 6 x 10 <>-3
Re <>185 .............. 9 x 10 <>-4
Re <>188 .............. 6 x 10 <>-4
Rhodium (45)......... Rh <>103m .............. 1 x 10 <>-1
Rh <>105 .............. 1 x 10 <>-3
Rubidium (37)........ Rb <>85 .............. 7 x 10 <>-4
Ruthenium (44)....... Ru <>97 .............. 4 x 10 <>-3
Ru <>103 .............. 8 x 10 <>-4
Ru <>105 .............. 1 x 10 <>-3
Ru <>106 .............. 1 x 10 <>-4
Samarium (62)........ Sm <>133 .............. 8 x 10 <>-4
Scandium (21)........ Sc <>45 .............. 4 x 10 <>-4
Sc <>47 .............. 9 x 10 <>-4
Sc <>48 .............. 3 x 10 <>-4
Selenium (34)........ Se <>73 .............. 3 x 10 <>-2
Silicon (14)......... Si <>31 .............. 9 x 10 <>-2
Silver (47).......... Ag <>105 .............. 1 x 10 <>-3
Ag <>110m .............. 3 x 10 <>-4
Ag <>111 .............. 4 x 10 <>-4
Sodium (11).......... Na <>24 .............. 2 x 10 <>-3
Strontium (38)....... Sr <>85 .............. 1 x 10 <>-3
Sr <>89 .............. 1 x 10 <>-4
Sr <>91 .............. 7 x 10 <>-4
Sr <>92 .............. 7 x 10 <>-4
Sulfur (16).......... S <>35 9 x 10 6 x 10 <>-8
<>-8
Tantalum (73)........ Ta <>182 .............. 4 x 10 <>-4
Technetium (43)...... Tc <>99m .............. 1 x 10 <>-1
Tc <>98 .............. 1 x 10 <>-3
Tellurium (52)....... Te <>125m .............. 2 x 10 <>-3
Te <>127m .............. 6 x 10 <>-4
Te <>127 .............. 3 x 10 <>-3
Te <>129m .............. 3 x 10 <>-4
Te <>131m .............. 6 x 10 <>-4
Te <>132 .............. 3 x 10 <>-4
Terbium (65)......... Tb <>169 .............. 4 x 10 <>-4
Thallium (81)........ Tl <>200 .............. 4 x 10 <>-3
Tl <>201 .............. 5 x 10 <>-2
Tl <>202 .............. 1 x 10 <>-3
Tl <>204 .............. 1 x 10 <>-3
Thulium (69)......... Tm <>170 .............. 5 x 10 <>-4
Tm <>171 .............. 5 x 10 <>-3
Tin (50)............. Sn <>113 .............. 9 x 10 <>-4
Sn <>123 .............. 2 x 10 <>-4
Tungsten W <>181 .............. 4 x 10 <>-3
(wolfram)(74)......
W <>187 .............. 7 x 10 <>-4
Vanadium (23)........ V <>48 .............. 3 x 10 <>-4
Xenon (54)........... Xe <>131m 4 x 10 ......................
<>-6
Xe <>133 3 x 10 ......................
<>-6
Xe <>135 1 x 10 ......................
<>-6
Ytterbium (70)....... Yb <>173 .............. 1 x 10 <>-3
Yttrium (39)......... Y <>90 .............. 2 x 10 <>-4
Y <>91m .............. 3 x 10 <>-3
Y <>91 .............. 3 x 10 <>-4
Y <>92 .............. 6 x 10 <>-4
Y <>93 .............. 3 x 10 <>-4
Zinc (30)............ Zn <>65 .............. 1 x 10 <>-3
Zn <>69m .............. 7 x 10 <>-4
Zn <>69 .............. 2 x 10 <>-2
Zirconium (40)....... Zr <>95 .............. 6 x 10 <>-4
Zr <>97 .............. 2 x 10 <>-4
Beta and/or gamma emitting
radioactive material not
listed above with half-life
less than 3 years 1 x 10 1 x 10 <>-6
<>-10

Note: 1: Many radioisotopes disintegrate into isotopes which are also radioactive. In expressing the concentrations in Schedule C, the activity stated is that of the parent isotope and takes into account the daughters.
Note: 2: Where there is involved a combination of isotopes, the limit for the combination should be derived as follows:
Determine for each isotope in the product the ratio between the concentration present in the product and the exempt concentration established in Schedule C for the specific isotope when not in combination. The sum of such ratios may not exceed "1" (i.e. unity).
Example:
TABULAR OR GRAPHIC MATERIAL SET FORTH AT THIS POINT IS NOT DISPLAYABLE
Concentration of Isotope A in Product Concentrate of Isotope B in Product =
_____________________________________ + ________________________________ <1
Exempt concentration of Isotope A Exempt concentration of Isotope B
[FN1] Values are given only for those materials normally used as gases.
[FN2] uCi/gm for solids.


Note: Authority cited: Sections 100275 and 115000, Health and Safety Code. Reference: Sections 114965, 114970, 115000, 115060, 115165, 115230 and 115235, Health and Safety Code.


s 30250. Authority.


Note: Authority cited: Sections 208 and 25811, Health and Safety Code. Reference: Sections 25801, 25802, 25815, 25875 and 25876, Health and Safety Code.


s 30251. Purpose.


Note: Authority cited: Sections 208 and 25811, Health and Safety Code. Reference: Sections 25801, 25802, 25815, 25875 and 25876, Health and Safety Code.


s 30252. Scope and Purpose.
(a) Group 3 regulations apply to all persons who possess sources of radiation, except as exempt from the licensing and registration requirements or otherwise specifically exempted by the provisions of Group 1 and Group 2 of this subchapter.
(b) The limits in Group 3 do not apply to doses due to background radiation, to exposure of patients to radiation for the purpose of medical diagnosis or therapy, or to voluntary participation in medical research programs.


Note: Authority cited: Sections 208 and 25811, Health and Safety Code. Reference: Sections 25801, 25802, 25811 and 25815, Health and Safety Code.


s 30253. Standards for Protection Against Radiation.
(a) The regulations governing standards for protection against radiation in title 10, Code of Federal Regulations, part 20, (10 CFR 20) sections 20.1001 through 20.2402 and Appendices A through G, (January 1, 2005) are hereby incorporated by reference with the following exceptions:
(1) Title 10, Code of Federal Regulations, sections 20.1001, 20.1002, 20.1006, 20.1007, 20.1008, 20.1009, 20.1401, 20.1402, 20.1403, 20.1404, 20.1405, 20.1406, 20.2106(d), 20.2302, 20.2401, and 20.2402, and Appendix D are not incorporated by reference.
(2) Any references to the United States Nuclear Regulatory Commission (NRC) or any component thereof shall be deemed to be a reference to State Department of Health Services.
(3) The definition of the term "Byproduct material" in 10 CFR 20, section 20.1003 is modified to mean any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to, the process of producing or utilizing special nuclear material.
(4) The definition of the term "License" in 10 CFR 20, section 20.1003 is replaced by the definition of the term "License" as defined in section 30100 of this regulation.
(5) The definition of the term "Licensed material" in 10 CFR 20, section 20.1003 is modified to mean any radioactive material including source material, special nuclear material, or byproduct material received, possessed, used, transferred or disposed of under a general or specific license issued by the NRC, or by any other Agreement State or by any state that has been either provisionally or finally designated as a Licensing State by the Conference of Radiation Control program Directors, Inc. With respect to dose limits and reporting requirements, the term "Licensed material" is to be construed broadly in context to include any source of ionizing radiation subject to the requirements of this regulation.
(6) The definition of the term "Licensee" as defined in 10 CFR 20, section 20.1003 is replaced by the definition of the term "User" as set forth in section 30100 of this regulation.
(7) The definition of the term "Person" as defined in 10 CFR 20, section 20.1003 is replaced by the definition of the term "Person" as set forth in section 114985(c) of the Health and Safety Code.
(8) The definition of the term "Radiation (ionizing radiation)" as defined in 10 CFR 20, section 20.1003 is replaced by the definition of the term "Ionizing radiation" as set forth in section 114985(b) of the Health and Safety Code.
(9) The definition of the term "Special nuclear materials" as defined in 10 CFR 20, section 20.1003 is replaced by the definition of the term "Special nuclear material" as set forth in section 114985(f) of the Health and Safety Code.
(b) The terms defined in 10 CFR 20, section 20.1003, as incorporated by reference, shall apply to this regulation, except that:
(1) The term "Act" as defined in 10 CFR 20, section 20.1003 is limited to the textual material incorporated by reference in subsection (a) above. The meaning of the term "Act" elsewhere in this regulation, means the "Radiation Control Law," Health and Safety Code, Division 104, Part 9, chapter 8, sections 114960 et seq.
(2) The term "Department" as defined in 10 CFR 20, section 20.1003 is limited to the provisions incorporated by reference in subsection (a). The meaning of the term "Department" elsewhere in this regulation, is as defined in section 114985(j) of the Health and Safety Code.


Note: Authority cited: Sections 100275 and 115000, Health and Safety Code. Reference: Sections 114960, 114965, 114970, 114985, 114990, 115060, 115105, 115110, 115120, 115165, 115230 and 115235, Health and Safety Code.


s 30254. Inspection.
(a) Each user shall afford to the Department or other official agency specifically designated by the Department, at all reasonable times, opportunity to inspect materials, machines, activities, facilities, premises, and records pursuant to these regulations.
(b) During an inspection, inspectors may consult privately with workers as specified below. The user may accompany inspectors during other phases of an inspection.
(1) Inspectors may consult privately with workers concerning matters of occupational radiation protection and other matters related to applicable provisions of Department regulations and licenses to the extent the inspectors deem necessary for the conduct of an effective and thorough inspection.
(2) During the course of an inspection any worker may bring privately to the attention of the inspectors, either orally or in writing, any past or present condition which he has reason to believe may have contributed to or caused any violation of the Radiation Control Law, these regulations, or license condition, or any unnecessary exposure of an individual to radiation from licensed radioactive material or a registered radiation machine under the user's control. Any such notice in writing shall comply with the requirements of subsection (h) hereof.
(3) The provision of paragraph (b)(2) of this section shall not be interpreted as authorization to disregard instructions pursuant to Section 30255(b)(1).
(c) If, at the time of inspection, an individual has been authorized by the workers to represent them during inspections, the user shall notify the inspectors of such authorization and shall give the workers' representative an opportunity to accompany the inspectors during the inspection of physical working conditions.
(d) Each worker's representative shall be routinely engaged in work under control of the user and shall have received instructions as specified in Section 30280(b)(1).
(e) Different representatives of users and workers may accompany the inspectors during different phases of an inspection if there is no resulting interference with the conduct of the inspection. However, only one workers' representative at a time may accompany the inspectors.
(f) With the approval of the user and the workers' representative, an individual who is not routinely engaged in work under control of the user, for example, a consultant to the user or to the workers' representative, shall be afforded the opportunity to accompany inspectors during the inspection of physical working conditions.
(g) Notwithstanding the other provisions of this section, inspectors are authorized to refuse to permit accompaniment by an individual who deliberately interferes with a fair and orderly inspection. With regard to any area containing proprietary information, the workers' representative for that area shall be an individual previously authorized by the user to enter that area.
(h) Any worker or representative of workers who believes that a violation of the Radiation Control Law, these regulations or license conditions exists, or has occurred in work under a license or registration with regard to radiological working conditions in which the worker is engaged, may request an inspection by giving notice of the alleged violation to the Department or other official agency specifically designated by the Department. Any such notice shall be in writing, shall set forth the specific grounds for the notice, and shall be signed by the worker or representative of the workers. A copy shall be provided to the user by the Department no later than at the time of inspection except that, upon the request of the worker giving such notice, his name and the name of individuals referred to therein shall not appear in such copy or on any record published, released, or made available by the Department except for good cause shown.
(i) If, upon receipt of such notice, the Chief, Radiologic Health Branch, of the Department, determines that the complaint meets the requirements set forth in subsection (h) hereof, and that there are reasonable grounds to believe that the alleged violation exists or has occurred, he shall cause an inspection to be made as soon as practicable, to determine if such alleged violation exists or has occurred. Inspections pursuant to this section need not be limited to matters referred to in the complaint.
(j) No user shall discharge or in any manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under these regulations or has testified or is about to testify in any such proceeding or because of the exercise by such worker on behalf of himself or others of any option afforded by this section.
(k) If the Chief, Radiologic Health Branch, of the Department, determines with respect to a complaint under subsection (h) hereof that an inspection is not warranted because there are no reasonable grounds to believe that a violation exists or has occurred, the complainant shall be notified in writing of such determination. The complainant may obtain review of such determination by submitting a written statement of position to the Director of the Department, who will provide the user with a copy of such statement by certified mail, excluding, at the request of the complainant, the name of the complainant. The user may submit an opposing written statement of position with the Director of the Department who will provide the complainant with a copy of such statement by certified mail. Upon the request of the complainant, the Director of the Department, or his designee, may hold an informal conference in which the complainant and the user may orally present their views. An informal conference may also be held at the request of the user, but disclosure of the identity of the complainant will be made only following receipt of written authorization from the complainant. After considering all written or oral views presented, the Director of the Department shall affirm, modify, or reverse the determination of the Chief, Radiologic Health Branch, of the Department, and furnish the complainant and the user a written notification of his decision and the reason therefor.
( l) If the Department determines that an inspection is not warranted because the requirements of subsection (h) hereof have not been met, it shall notify the complainant in writing of such determination. Such determination shall be without prejudice to the filing of a new complaint meeting the requirements of subsection (h) hereof.


Note: Authority cited: Sections 208 and 25811, Health and Safety Code. Reference: Sections 25801, 25802, 25811 and 25815, Health and Safety Code.


s 30255. Notices, Instructions, and Reports to Personnel.
(a) This section establishes requirements for notices, instructions, and reports by users to individuals engaged in work under a license or registration and options available to such individuals in connection with Department inspections of licensees or registrants to ascertain compliance with the provisions of the Radiation Control Law and regulations, orders, and licenses issued thereunder regarding radiological working conditions. The requirements in this section apply to all persons who receive, possess, use, own or transfer material licensed by or registered with the Department.
(b) Each user shall:
(1) Inform all individuals working in or frequenting any portion of a controlled area of the storage, transfer, or use of radioactive materials or of radiation in such portions of the controlled area; instruct such individuals in the health protection problems associated with exposure to such radioactive materials or radiation, in precautions or procedures to minimize exposure, and in the purposes and functions of protective devices employed; instruct such individuals in, and instruct them to observe, to the extent within their control, the applicable provisions of Department regulations and license conditions for the protection of personnel from exposures to radiation or radioactive materials occurring in such areas; instruct such individuals of their responsibility to report promptly to the licensee or registrant any condition which may lead to or cause a violation of department regulations or license conditions or unnecessary exposure to radiation or radioactive material, and of the inspection provisions of Section 30254; instruct such individuals in the appropriate response to warnings made in the event of any unusual occurrence or malfunction that may involve exposure to radiation or radioactive materials; and advise such individuals as to the radiation exposure reports which they may request pursuant to this section. The extent of these instructions shall be commensurate with potential radiological health protection problems in the controlled area.
(2) Conspicuously post a current copy of this regulation, a copy of applicable licenses for radioactive material, and a copy of operating and emergency procedures applicable to work with sources of radiation. If posting of documents specified in this paragraph is not practicable the user may post a notice which describes the document and states where it may be examined.
(3) Conspicuously post a current copy of Department Form RH-2364 (Notice to Employees) in a sufficient number of places to permit individuals working in or frequenting any portion of a controlled area to observe a copy on the way to or from such area.
(4) Conspicuously post any notice of violation involving radiological working conditions or any order issued pursuant to the Radiation Control Law and any required response from the user. Department documents posted pursuant to this paragraph shall be posted within two working days after receipt of the documents from the Department; the user's response, if any, shall be posted within two working days after dispatch by the user. Such documents shall remain posted for a minimum of five working days or until action correcting the violation has been completed, whichever is later.
(5) Assure that documents, notices, or forms posted pursuant to this section shall appear in a sufficient number of places to permit individuals engaged in work under the license or registration to observe them on the way to or from any particular work location to which the document applies, shall be conspicuous, and shall be replaced if defaced or altered.
(6) Provide reports to any individual of his radiation exposure data and the results of any measurements, analyses, and calculations of radioactive material deposited or retained in the body of that individual as specified in this section. The information reported shall include data and results obtained pursuant to Department regulations, orders, or license conditions, as shown in records maintained by the user pursuant to Department regulations. Each notification and report shall: be in writing; include appropriate identifying data such as the name of the user, the name of the individual, the individual's Social Security number; include the individual's exposure information; and contain the following statement:
"This report is furnished to you under the provisions of the California State Department of Health Services Regulations: Standards for Protection Against Radiation. You should preserve this report for future reference."
These reports shall be provided as follows:
(A) At the request of any individual, each user shall advise such individual annually of his exposure to radiation or radioactive material as shown in records maintained by the licensee or registrant pursuant to United States, title 10, Code of Federal Regulations, part 20, subpart M as incorporated by reference in section 30253, including the results of any calculations and analyses of radioactive material deposited in the body of the individual.
(B) At the request of an individual formerly engaged in work controlled by the user, the user shall furnish to the individual a report of his exposure to radiation or radioactive material. Such report shall be furnished within 30 days from the time the request is made, or within 30 days after the exposure of the individual has been determined by the user, whichever is later; shall cover, within the period of time specified in the request, each calendar quarter in which the individual's activities involved exposure to radiation from radioactive materials licensed by, or radiation machines registered with the Department; and shall include the dates and locations of work under the license or registration in which the individual participated during this period.
(C) When a user is required pursuant to United States, title 10, Code of Federal Regulations, part 20, subpart M as incorporated by reference in section 30253 to report to the Department any exposure of an individual to radiation or radioactive material, the user shall also provide the individual a report on his exposure data included therein. Such reports shall be transmitted at a time not later than the transmittal to the Department.
(D) At the request of an individual who is terminating employment or assignment to work involving radiation exposure in the user's facility in a given calendar quarter, the user shall furnish to the individual a written report of the individual's exposure to radiation or radioactive material received during that specifically identified calendar quarter. Such report shall contain an estimate of exposures if the final reports are not available at the time of termination. Estimated exposures shall be clearly indicated as such.


Note: Authority cited: Section 208 and 25811, Health and Safety Code. Reference: Sections 25801, 25802, 25811, 25815, 25826, 25875 and 25876, Health and Safety Code.


s 30256. Vacating Installations: Records and Notice.
(a) Each person granted a specific license pursuant to Group 2 of this Subchapter shall keep records of information important to the decommissioning of a facility in an identified location until the site is released for unrestricted use by the Department. Before licensed activities are transferred or assigned in accordance with 30194(c), licensees shall transfer all records described in this section to the new licensee. In this case, the new licensee shall be responsible for maintaining these records until the license is terminated. If records important to the decommissioning of a facility are kept for other purposes, reference to these records and their locations may be used. The records shall include the following information important to decommissioning:
(1) Records of spills or other unusual occurrences involving the spread of contamination in and around the facility, equipment, or site. These records shall include but not be limited to a description of any instances when contamination remains after any cleanup procedures or when there is reasonable likelihood that contaminants may have spread to inaccessible areas, as for example, possible seepage into porous materials such as concrete. These records shall include any known information on identification of involved nuclides, quantities, forms, and concentrations.
(2) As-built drawings and modification drawings 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 which 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 shall substitute appropriate records of available information concerning these areas and locations.
(3) Except for areas containing only sealed sources (provided the sources have not leaked or no contamination remains after any leak) or any radioactive materials having only half-lives of less than 65 days, a list contained in a single document and updated every 2 years, of the following:
(A) All areas designated and formerly designated restricted areas as defined in Title 10, Code of Federal Regulations, Section 20.1003 incorporated by reference pursuant to Title 17, California Code of Regulations, Section 30253;
(B) All areas outside restricted areas that require documentation under (a)(1);
(C) All areas outside of restricted areas where current and previous wastes have been buried as documented under Title 10, Code of Federal Regulations, Section 20.2108 incorporated by reference pursuant to Title 17, California Code of Regulations, Section 30253; and
(D) All areas outside of restricted areas which contain material such that, if the license expired, the licensee would be required to either decontaminate the area to unrestricted release levels or apply for approval for disposal under Title 10, Code of Federal Regulations, Section 20.2002 incorporated by reference pursuant to Title 17, California Code of Regulations, Section 30253.
(4) Records of the cost estimate performed for the decommissioning funding plan or of the amount certified for decommissioning, and records of the funding method used for assuring funds if either a funding plan or certification is used pursuant to Section 30195.1.
(b) Each person granted a specific license pursuant to Group 2 of this Subchapter shall, no less than 30 days before vacating any installation which may have been contaminated with radioactive material as a result of his activities, notify the department in writing of intent to vacate. This notice shall be submitted on form RHB 314 (12/95) entitled "Certificate of Disposition of Materials" which is incorporated by reference herein and shall address all requirements specified in Subsection (c).
(c) If a licensee does not submit an application for license renewal under section 30194, the licensee shall on or before the expiration date specified in the license:
(1) Terminate use of radioactive material;
(2) Remove radioactive contamination to the extent practicable except for those procedures covered by Subsection (d) of this section;
(3) Dispose of radioactive material in accordance with applicable regulations;
(4) Submit a completed form RHB 314 (12/95), which certifies information concerning the disposition of materials; and
(5) Conduct a radiation survey of the premises where the licensed activities were carried out and submit a report of the results of this survey, unless the licensee demonstrates that the premises are suitable for release for unrestricted use in some other manner. The licensee shall, as appropriate:
(A) Report levels of radiation in units of microrads per hour of beta and gamma radiation at one centimeter and gamma radiation at one meter from surfaces, and report levels of radioactivity, including alpha, in units of disintegrations per minute (or microcuries) per 100 square centimeters removable and fixed for surfaces, microcuries per milliliter for water, and picocuries per gram for solids such as soils or concrete; and
(B) Specify the survey instrument(s) used and certify that each instrument is properly calibrated and tested.
(d) In addition to the information required under Subsections (c)(4) and (5), the licensee shall submit a plan for completion of decommissioning if the procedures necessary to carry outdecommissioning have not been previously approved by the Department and could increase potential health and safety impacts to workers or to the public such as in any of the following cases: (continued)