reglab/statecodes huggingface dataset:
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-5 - CONTROL OF RADIATION HAZARDS › Section 64E-5.1507 - Designation of Routes for Shipment of Radioactive Waste Requiring Advance Notification

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Department may designate routes within the State of Florida for all shipments
				requiring advanced notification under Rule
				 64E-5.1506, F.A.C. Factors that
				the Department will consider in the designation of routes for shipments
				requiring advanced notifications are:
(a)
				Population density in the vicinity of available highways;
(b) Accident rates of available
				highways;
(c) Transit
				time;
(d) Time and day of the week
				during which the shipment is to occur; and,
(e) Routes that may have been previously
				designated by other states.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-5 - CONTROL OF RADIATION HAZARDS › Section 64E-5.1508 - Inspection of Low-Level Radioactive Waste Shipments

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) All
				persons licensed by the Department to use, manufacture, produce, transfer,
				transport, receive, acquire, own, process or possess radioactive materials, as
				well as nuclear power plants licensed by the U.S. Nuclear Regulatory
				Commission, and who desire to ship radioactive waste, including radioactive
				waste requiring advance notification as specified in Rule
				 64E-5.1506, F.A.C., to a
				low-level radioactive waste treatment, storage or disposal facility, shall
				notify the Department no less than 48 hours prior to departure of the shipment.
				The notification shall be made in writing or by telephone.
(b) Each notification must contain the
				following information:
1. The name, address
				and telephone number of the generator,
2. The name and telephone number of the
				contact person, designated by the generator, with whom the Department may make
				arrangements for the inspection,
3.
				The name and telephone number of the carrier,
4. The location of departure, if different
				from the address of the generator,
5. The scheduled date and time of departure;
				and,
6. The proposed route to the
				low-level radioactive waste facility.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-5 - CONTROL OF RADIATION HAZARDS › Section 64E-5.1509 - Permit Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Any carrier
				who transports low-level radioactive waste destined for a low-level radioactive
				waste treatment, storage or disposal facility, prior to entrance into the State
				of Florida, shall obtain a permit from the Department for transporting such
				waste into the State.
(a) An application for a
				permit must contain the following information or material:
1. Name, address and telephone number of the
				carrier; and,
2. Certification
				statement that the carrier will comply with this part and the regulations of
				the U.S. Department of Transportation.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-5 - CONTROL OF RADIATION HAZARDS › Section 64E-5.1510 - Air Transport of Plutonium

Current through Reg. 50, No. 138; July 16, 2024
Notwithstanding the provisions of any general license and
				  notwithstanding any exemptions stated directly in this part or included
				  indirectly by citation of the U.S. Department of Transportation regulations, as
				  may be applicable, the licensee shall assure that plutonium in any form is not
				  transported by air or offered to a carrier for air transport unless:
(1) The plutonium is contained in a medical
				device designed for individual human application, or
(2) The plutonium is contained in a material
				in which the specific activity is not greater than 0.002 microcuries (74 Bq)
				per gram of material and in which the radioactivity is essentially uniformly
				distributed, or
(3) The plutonium
				is shipped in a single package containing no more than an
				A02 quantity of plutonium in any isotope or form and is
				shipped in accordance with Rule
				 64E-5.1502, F.A.C., or
(4) The plutonium is shipped in a package
				specifically authorized for the shipment of plutonium by air in the Certificate
				of Compliance for that package issued by the U.S. Nuclear Regulatory
				Commission.
Rulemaking Authority
					 404.051,
					 404.061,
					 404.141,
					 404.20 FS. Law Implemented
					  404.022,
					  404.051(1), (4), (6),
					 (11),
					  404.061(2),
					  404.141,
					  404.20(1) 
					 FS.
New 7-17-85, Formerly
					 10D-91.2011.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-5 - CONTROL OF RADIATION HAZARDS › Section 64E-5.1511 - Notification in the Event of Suspected or Real Breach of Containment

Current through Reg. 50, No. 138; July 16, 2024
In addition to the reporting requirements of the U.S.
				  Department of Transportation, any carrier transporting radioactive material in
				  the State shall notify the Department immediately in the event the carrier
				  suspects or knows of a breach in the containment of the radioactive material
				  being transported. Notification shall be made as described in subsection
				   64E-5.1513(2),
				  F.A.C.
Rulemaking Authority
					 404.051,
					 404.20 FS. Law Implemented
					 404.022,
					 404.051(1), (4), (6),
					 (11),
					 404.20(1)
					 FS.
New 7-17-85, Formerly
					 10D-91.2012.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-5 - CONTROL OF RADIATION HAZARDS › Section 64E-5.1512 - Inspections

Current through Reg. 50, No. 138; July 16, 2024
(1) A department representative is authorized
				to inspect any record of persons engaged in the transportation of a radioactive
				material where such records reasonably relate to packaging, preparing for
				shipment and transporting radioactive material.
(2) A department representative is authorized
				to enter upon and inspect the premises and transport vehicles of any person
				engaged in the transportation of radioactive material for the purpose of
				determining compliance with or violation of the provisions of Section
				 404.20, F.S., and these
				regulations.
(3) The Department may
				investigate the cause and circumstances of every event in which notification
				was made pursuant to Rule
				 64E-5.1511,
				F.A.C.
Rulemaking Authority
					 404.051,
					 404.061,
					 404.071 FS. Law Implemented
					 404.022,
					 404.051(1), (4),
					 (12),
					 404.061(2),
					 404.071(1),
					 404.20(1), (2), (7),
					 (8)
					 FS.
New 7-17-85, Formerly
					 10D-91.2013.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-5 - CONTROL OF RADIATION HAZARDS › Section 64E-5.1513 - Communications

Current through Reg. 50, No. 138; July 16, 2024
(1) All communications concerning this part
				should be addressed to: Department of Health, Bureau of Radiation Control, 4052
				Bald Cypress Way, Bin C21, Tallahassee, Florida 32399-1741.
(2) All notifications required to be made
				pursuant to Rules  64E-5.1506,
				 64E-5.1508,
				 64E-5.1509 and
				 64E-5.1511, F.A.C., shall be
				addressed to: Department of Health, Office of Radiation Control, Post Office
				Box 680069, Orlando, Florida 32868-0069; telephone (407)297-2095.
(3) Immediate notification as required by
				Rule  64E-5.1511, F.A.C., shall be
				made by telephone or telegraph.
Rulemaking Authority
					 404.042,
					 404.051,
					 404.20 FS. Law Implemented
					 404.042,
					 404.051(1), (4), (6),
					 (11),
					 404.061(2),
					 404.081(1),
					 404.141,
					 404.20(1)
					 FS.
New 7-17-85, Formerly
					 10D-91.2014.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-5 - CONTROL OF RADIATION HAZARDS › Section 64E-5.1601 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
The following definitions apply only in this part.
(1) "AAPM" means the American Association of
				Physicists in Medicine:
www.aapm.org
.
(2) "Authorized user" means a person who has
				met the requirements of subsection
				 64E-5.1603(1),
				F.A.C.
(3) "Authorized medical
				physicist" means a person who has met the requirements of subsection
				 64E-5.1603(2),
				F.A.C.
(4) "Authorized operator"
				means a person who has met the requirements of subsection
				 64E-5.1603(3),
				F.A.C.
(5) "Electronic
				brachytherapy" means a method of radiation therapy using electrically-generated
				x-rays to deliver a radiation dose at a distance of up to a few centimeters by
				intracavitary, intraluminal or interstitial application, or by applications
				with the source in contact with the body surface or very close to the body
				surface.
(6) "Electronic
				brachytherapy device" or "device" means the system used to produce and deliver
				therapeutic radiation including the x-ray tube, the control mechanism, the
				cooling system, and the power source.
(7) "Electronic brachytherapy source" or
				"source" means the x-ray tube component used in an electronic brachytherapy
				device.
(8) "Medical event" means
				any event, except for an event that results from patient intervention, in which
				the administration of radiation results in:
(a) A total dose delivered that differs from
				the prescribed dose by 20 percent or more;
(b) A fractionated dose delivered that
				differs from the prescribed dose, for a single fraction, by 50 percent or more,
				or
(c) A dose to the wrong
				individual or the wrong treatment site.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-5 - CONTROL OF RADIATION HAZARDS › Section 64E-5.1602 - Administrative Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Registration and Notification.
(a) No
				electronic brachytherapy device may be used on a human without a current
				certificate of registration from the department.
(b) An electronic brachytherapy device that
				is not operational and that is under the control of a registered vendor prior
				to final installation is exempt from the registration and fee requirements of
				this section.
(c) A separate
				registration and radiation protection program are required for facilities for
				which one or more of the following applies:
1.
				The facilities are not at the same physical address,
2. The facilities are not under the same
				radiation safety program, or
3. The
				facilities are not under the same management.
(d) Each person who acquires an electronic
				brachytherapy device shall apply for registration of the radiation device with
				the Department within 30 days after acquisition. Application for registration
				shall be on DH Form 1107, 10/15, "Radiation Machine Facility Registration, " as
				incorporated in subparagraph
				 64E-5.511(2)(a) 
				1., F.A.C. The application must include the following documents:
1. A list identifying the radiation safety
				officer and all authorized medical physicists, authorized operators, and
				authorized users except visiting authorized users, together with documentation
				of their training and education as described in Rule
				 64E-5.1603, F.A.C.,
2. A copy of the most current record of
				surveys, calculations and quality assurance checks on each device,
3. A current copy of the quality management
				program as described in subsection
				 64E-5.1604(3),
				F.A.C.,
4. A current copy of the
				quality assurance program as described in subsection
				 64E-5.1604(4),
				F.A.C.; and,
5. A copy of the
				device manufacturer's U.S. Food and Drug Administration certification;
				and,
6. Facility design
				information, which at a minimum must include:
a. A diagram of the physical facility showing
				the location of the electronic brachytherapy treatment rooms,
b. Whether the facility is a new structure or
				a modification to an existing structure; and,
c. The type and thickness of the portable
				shielding used for compliance and a procedure demonstrating the use of the
				shielding prior to treatment.
(e) The registrant shall update the
				registration on file with the department within 30 days of any change to any
				information reported in paragraph
				 64E-5.1602(1)(d),
				F.A.C.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-5 - CONTROL OF RADIATION HAZARDS › Section 64E-5.1603 - Training and Education

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Qualification of Authorized User.
(a) The
				registrant shall require the authorized user to be a physician who:
1. Is licensed by the department as a medical
				doctor or doctor of osteopathy,
2.
				Has completed a manufacturer's device-specific training as specified in
				subsection  64E-5.1603(5),
				F.AC.; and,
3. Is certified in:
a. Radiation oncology or therapeutic
				radiology by the American Board of Radiology,
b. Radiation oncology by the American
				Osteopathic Board of Radiology,
c.
				Radiology, with specialization in radiotherapy, as a British "Fellow of the
				Faculty of Radiology" or "Fellow of the Royal College of Radiology, "
				or
d. Therapeutic radiology by the
				Canadian Royal College of Physicians and
				Surgeons.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-5 - CONTROL OF RADIATION HAZARDS › Section 64E-5.1604 - General Technical Requirements for Electronic Brachytherapy Facilities

Current through Reg. 50, No. 138; July 16, 2024
(1) Radiation Surveys.
(a) The registrant shall ensure that a
				survey, as defined in subsection
				 64E-5.101 (151), F.A.C., of all
				new facilities and existing facilities not previously surveyed, is performed
				with an operable radiation measurement survey instrument according to the
				requirements of Part III of Chapter 64E-5, F.A.C.
(b) The survey shall be performed by, or
				under the direction of, an authorized medical physicist or radiation safety
				officer who shall determine and record whether radiation levels are in
				compliance with the dose limits of Part III of Chapter 64E-5, F.A.C. Portable
				shielding may be used to comply with these radiation dose limits. Such surveys
				shall be conducted with the electronic brachytherapy device controls, source
				position, portable shielding and site-specific scattering phantom all set so as
				to produce the highest radiation exposure level that could occur during
				treatment.
(c) The survey record
				shall include: the date of the measurements; the reason the survey is required;
				the manufacturer's name, model number and serial number of the electronic
				brachytherapy device; the instrument(s) used to measure radiation levels; a
				plan of the areas surrounding the treatment room that were surveyed; the
				measured dose rate at several points in each area expressed in microsieverts or
				millirems per hour; the calculated maximum level of radiation over a period of
				1 week for each restricted and unrestricted area; and the signature of the
				individual responsible for conducting the survey.
(d) A survey shall also be performed prior to
				any subsequent medical use, when:
1. Making
				any change in the portable shielding,
2. Making any change in the location where
				the electronic brachytherapy device is used within the treatment room,
				or
3. Relocating the electronic
				brachytherapy device.
(e)
				The registrant shall maintain the record of each survey for the duration of the
				registration.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-5 - CONTROL OF RADIATION HAZARDS › Section 64E-5.201 - Licensing of Radioactive Material

Current through Reg. 50, No. 138; July 16, 2024
(1) This
				part provides for the licensing of radioactive material. No person shall
				receive, possess, use, transfer, own or acquire radioactive material except as
				authorized in a specific or general license issued pursuant to this part or as
				otherwise provided in this part. Unless otherwise specified in the license or
				these rules, no licensee shall use radioactive materials:
(a) In or on human beings;
(b) In field applications where radioactive
				material is released to the environment;
(c) In products distributed to the
				public;
(d) In animals, plants, or
				their products which will be used for human consumption, or
(e) In plants or animals where their products
				are released to the environment.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-5 - CONTROL OF RADIATION HAZARDS › Section 64E-5.202 - Source Material - Exemptions

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Any person is exempt from this part to the extent that such person receives,
				possesses, uses, owns or transfers source material in any chemical mixture,
				compound, solution or alloy in which the source material is by weight less than
				1/20 of 1 percent of the mixture, compound, solution or alloy.
(2) Any person is exempt from this part to
				the extent that such person receives, possesses, uses or transfers unrefined
				and unprocessed or containing source material; provided that, except as
				authorized in a specific license, such person shall not refine or process such
				ore.
(3) Any person is exempt from
				this part to the extent that such person receives, possesses, uses or
				transfers:
(a) Any quantities of thorium
				contained in:
1. Incandescent gas mantles,
2. Vacuum tubes,
3. Welding rods,
4. Electric lamps for illuminating purposes,
				provided that each lamp does not contain more than 50 milligrams of thorium,
5. Germicidal lamps, sunlamps and
				lamps for outdoor or industrial lighting provided that each lamp does not
				contain more than 2 grams of thorium,
6. 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
7.
				Personnel neutron dosimeters, provided that each dosimeter does not contain
				more than 50 milligrams of thorium.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-5 - CONTROL OF RADIATION HAZARDS › Section 64E-5.203 - Radioactive Material Other Than Source Material - Exemptions

Current through Reg. 50, No. 138; July 16, 2024
(1) Exempt Concentrations.
(a)
1.
				Except as provided in this section, any person is exempt from this part to the
				extent that such person receives, possesses, uses, transfers, owns or acquires
				products containing radioactive material introduced in concentrations not in
				excess of those listed in Schedule A.
2. A manufacturer, processor, or producer of
				a product or material is exempt from the requirements for a license to the
				extent that this person transfers radioactive material contained in a product
				or material in concentrations not in excess of those specified in Schedule A
				and introduced into the product or material by a licensee holding a specific
				license issued by the NRC expressly authorizing such introduction. This
				exemption does not apply to the transfer of radioactive material contained in
				any food, beverage, cosmetic, drug, or other commodity or product designed for
				ingestion or inhalation by, or application to, a human
				being.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-5 - CONTROL OF RADIATION HAZARDS › Section 64E-5.204 - Types of Licenses

Current through Reg. 50, No. 138; July 16, 2024
Licenses for radioactive materials are of two types: general
				  and specific.
(1) Some general
				licenses provided in this part may be effective without the filing of
				applications with the department or the issuance of licensing documents to the
				particular persons, although the filing of a certificate with the department
				for general licenses pursuant to subsection
				 64E-5.206(7) or
				(8), F.A.C., shall be required of the
				particular general licensee prior to the receipt of radioactive material and
				the department requires registration of certain general licenses described in
				subsection  64E-5.206(4),
				F.A.C. The payment of a fee is also required by all persons possessing general
				licensed material described in paragraph (1)(c), below. The general licensee is
				subject to all other applicable portions of these regulations and any
				limitations of the general license.
(a) The
				annual registration fee set forth in this section for general licenses shall be
				payable every July 1, for as long as the license remains in effect.
(b) The annual fee for a general license set
				forth in Rule  64E-5.216, F.A.C., under
				reciprocal agreement shall be paid before the first entrance into the state and
				on each anniversary date thereafter, if applicable. Manufacturers,
				manufacturer's representatives, distributors, and waste treatment, storage or
				disposal companies servicing Florida radioactive materials license applicants
				or licensees are not exempt from this fee.
(c) Payment of the indicated annual fee
				pursuant to paragraph (1)(a), above, is required for the following types of
				devices held or activities performed under a general license:
1. Static elimination devices as described in
							 paragraph  64E-5.206(1)(a),
							 F.A.C.
$30.00 per unit
2. Measuring, gauging, and control devices as
							 described in subsection
							  64E-5.206(4),
							 F.A.C.
$30.00 per unit
3. In Vivo testing as described in subsection
							  64E-5.206(7),
							 F.A.C.
$150.00 per license
4. In Vitro testing as described in subsection
							  64E-5.206(8),
							 F.A.C.
$150.00 per license
5. Depleted uranium as described in subsection
							  64E-5.205(4),
							 F.A.C.
$150.00 per license
(d)
				Those persons who hold a specific license from the U.S. Nuclear Regulatory
				Commission, an Agreement State or Licensing State and conduct activities under
				a reciprocal agreement with this State shall meet the requirements of
				subsection  64E-5.216(1),
				F.A.C., and pay the annual fee as specified in paragraph (2)(e),
				below.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-5 - CONTROL OF RADIATION HAZARDS › Section 64E-5.206 - General Licenses - Radioactive Material Other Than Source Material

Current through Reg. 50, No. 138; July 16, 2024
(1) Certain Devices and Equipment. A general
				license is hereby issued to transfer, receive, acquire, own, possess and use
				radioactive material incorporated in the following devices or equipment which
				have been manufactured, tested and labeled by the manufacturer in accordance
				with a specific license issued to the manufacturer by the U.S. Nuclear
				Regulatory Commission for use pursuant to Section 31.3 of  10 C.F.R. Part 31  .
				This general license is subject to the provisions of Rules
				 64E-5.103 through
				 64E-5.104, paragraph
				 64E-5.203(1)(b),
				Rules  64E-5.213,
				 64E-5.215, Part III, Part IX and
				Part XV, F.A.C.
(a) Static Elimination
				Devices. Devices designed for use as static eliminators which contain, as a
				sealed source or sources, radioactive material consisting of a total of not
				more than 500 microcuries (18.5 MBq) of polonium 210 per device; and,
(b) Ion Generating Tubes. Devices designed
				for ionization of air which contain, as a sealed source or sources, radioactive
				material consisting of a total of not more than 500 microcuries (18.5 MBq) of
				polonium 210 per device or a total of not more than 50 millicuries (1.85 GBq)
				of tritium per device.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-5 - CONTROL OF RADIATION HAZARDS › Section 64E-5.207 - Filing Application for Specific Licenses

Current through Reg. 50, No. 138; July 16, 2024
(1) An original and one copy of an
				application for specific licenses, license renewals, and license amendments
				shall be filed with the department on Application for Radioactive Materials
				License Non-Human Use, DH Form 1054 12/09 or Application for Radioactive
				Materials Human Use, DH Form 1322 12/09, which are herein incorporated by
				reference.
(2) The Department may
				at any time after the filing of the original application, and before the
				expiration of the license, require further statements in order to enable the
				Department to determine whether the application should be granted or denied or
				whether a license should be modified or revoked.
(3) An existing license shall not expire
				until final action by the department if a licensee has filed an application for
				renewal in proper form not less than 30 days before expiration of his existing
				license or for a new license authorizing the same activities.
(4) Applications for license amendments are
				not required to be submitted on DOH forms but shall specify the respects in
				which the licensee desires the license to be amended and the grounds for such
				amendment.
Rulemaking Authority
					 404.051,
					 404.061,
					 404.071,
					 404.081,
					 404.141 FS. Law Implemented
					  404.022,
					  404.051(1), (4), (6), (9), (10),
					 (11),
					  404.061(2),
					  404.141 FS.
New 7-17-85, Amended 4-4-89, 5-12-93, 5-15-96, Formerly
					 10D-91.307, Amended 2-11-10.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-5 - CONTROL OF RADIATION HAZARDS › Section 64E-5.208 - General Requirements for the Issuance of Specific Licenses

Current through Reg. 50, No. 138; July 16, 2024
A license application for a new, amended, or renewed license
				  will be approved if the department determines that:
(1) The applicant is qualified by reason of
				training and experience to use the material in question for the purpose
				requested in accordance with these rules in such a manner as to minimize danger
				to public health and safety or property;
(2) The applicant's proposed equipment,
				facilities and procedures are adequate to minimize danger to public health and
				safety or property.
Rulemaking Authority
					 404.051,
					 404.061,
					 404.071,
					 404.141 FS. Law Implemented
					  404.022,
					  404.051(1), (4), (6), (10),
					 (11),
					  404.061(2),
					  404.141 FS.
New 7-17-85, Amended 5-12-93, 5-15-96, Formerly
					 10D-91.308.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-5 - CONTROL OF RADIATION HAZARDS › Section 64E-5.209 - Special Requirements for Specific Licenses of Broad Scope

Current through Reg. 50, No. 138; July 16, 2024
This section prescribes requirements for the issuance of
				  specific licenses of broad scope for radioactive material and certain
				  regulations governing holders of such licenses. Authority to transfer
				  possession or control by the manufacturer, processor or producer of any
				  equipment, device, commodity or other product containing byproduct material
				  whose subsequent possession, use, transfer and disposal by all other persons
				  are exempted from regulatory requirements may be obtained only from the U.S.
				  Nuclear Regulatory Commission, Washington, D.C. 20555.
(1) The different types of broad scope
				licenses are set forth below:
(a) A Type A
				specific license of broad scope is a specific license authorizing receipt,
				acquisition, ownership, possession, use and transfer of any chemical or
				physical form of the radioactive material specified in the license, but not
				exceeding quantities specified in the license, for any authorized purpose. The
				quantities specified are usually in the multicurie range.
(b) A Type B specific license of broad scope
				is a specific license authorizing receipt, acquisition, ownership, possession,
				use and transfer of any chemical or physical form of radioactive material
				specified in Schedule D of this part, for any authorized purpose. The
				possession limit for a Type B license of broad scope, if only one radionuclide
				is possessed thereunder, is the quantity specified for that radionuclide in
				Schedule D, Column I. If two or more radionuclides are possessed thereunder,
				the possession limit for each is determined as follows: For each radionuclide,
				determine the ratio of the quantity possessed to the applicable quantity
				specified in Schedule D, Column I, for that radionuclide. The sum of the ratios
				for all radionuclides possessed under the license shall not exceed
				unity.
(c) A Type C specific
				license of broad scope is a specific license authorizing receipt, acquisition,
				ownership, possession, use and transfer of any chemical or physical form of
				radioactive material specified in Schedule D of this part, for any authorized
				purpose. The possession limit for a Type C license of broad scope, if only one
				radionuclide is possessed thereunder, is the quantity specified for that
				radionuclide in Schedule D, Column II. If two or more radionuclides are
				possessed thereunder, the possession limit is determined for each as follows:
				For each radionuclide, determine the ratio of the quantity possessed to the
				applicable quantity specified in Schedule D, Column II, for that radionuclide.
				The sum of the ratios for all radionuclides possessed under the license shall
				not exceed unity.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-5 - CONTROL OF RADIATION HAZARDS › Section 64E-5.211 - Special Requirements for Issuance of Specific Licenses for Source Material Milling

Current through Reg. 50, No. 138; July 16, 2024
In addition to the requirements set forth in Rule
				   64E-5.208, F.A.C., a specific
				  license for source material milling will be issued if the applicant submits to
				  the Department an application as described herein and meets the other
				  conditions specified below:
(1) An
				application for a license to receive title to, receive, possess and use source
				material for milling or by product material as defined in Part I shall address
				the following:
(a) Description of the
				proposed project or action;
(b)
				Area or site characteristics including geology, topography, hydrology and
				meteorology;
(c) Radiological and
				nonradiological impacts of the proposed project or action, including waterway
				and groundwater impacts;
(d)
				Environmental effects of accidents;
(e) Long-term impacts including
				decommissioning, decontamination and reclamation; and,
(f) Site and project
				alternatives.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-5 - CONTROL OF RADIATION HAZARDS › Section 64E-5.212 - Issuance of Specific Licenses

Current through Reg. 50, No. 138; July 16, 2024
(1) Upon a
				determination that an application meets the requirements of Chapter 404, F.S.,
				and these regulations, the Department will issue a specific license authorizing
				the proposed activity in such form and containing such conditions and
				limitations as it deems appropriate or necessary.
(2) The Department may incorporate in any
				license at the time of issuance, or thereafter by appropriate rule, regulation
				or order, such additional requirements and conditions with respect to the
				licensee's receipt, possession, use and transfer of radioactive material
				subject to this part as it deems appropriate or necessary in order to:
(a) Minimize danger to public health and
				safety or property;
(b) Require
				reports and the keeping of records, and to provide for inspections of
				activities under the license; and,
(c) Prevent loss or theft of material subject
				to this part.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-5 - CONTROL OF RADIATION HAZARDS › Section 64E-5.213 - Specific Terms and Conditions of License

Current through Reg. 50, No. 138; July 16, 2024
(1) Each license issued pursuant to this part
				shall be subject to all the provisions of the applicable laws, now or hereafter
				in effect, and to all rules of the Department.
(2) No license issued or granted under this
				part and no right to possess or utilize radioactive material granted by any
				license issued pursuant to this part shall be transferred, assigned or in any
				manner disposed of, either voluntarily or involuntarily, directly or
				indirectly, through transfer of control to any person unless the Department,
				after securing a completed specific license application and application fee
				from the transferee, has issued a proper license in accordance with the
				provisions of the Act.
(3)
(a) Each specific or general licensee shall
				notify the Department in writing immediately following the filing of a
				voluntary or involuntary petition for bankruptcy under any chapter of Title 11
				(Bankruptcy) of the United States Code (U.S.C.) by or against:
1. The licensee,
2. An entity, as that term is defined in
				11 U.S.C.
				101(14), controlling the
				licensee or listing the license or licensee as property of the estate,
				or
3. An affiliate, as that term is
				defined in 11 U.S.C.
				101(2), of the
				licensee.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-5 - CONTROL OF RADIATION HAZARDS › Section 64E-5.214 - Expiration and Termination of Licenses and Decommissioning of Sites and Separate Buildings or Outdoor Areas

Current through Reg. 50, No. 138; July 16, 2024
(1) Except
				as provided in Part II, each specific license shall expire at the end of the
				specified day in the month and year stated therein. Each specific license
				revoked by the department expires at the end of the day on the date of the
				department's final order revoking the license or on the expiration date stated
				in the final order.
(2)
(a) Each licensee shall notify the department
				in writing within 60 days of the occurrence of any of the following and either
				begin decommissioning its site or any separate building or outdoor area that
				contains residual radioactivity so that the building or outdoor area is
				suitable for release as specified in these rules or send a notice of a
				decommissioning plan within 12 months as specified in paragraph (4)(c), below,
				and begin decommissioning upon approval of that plan.
1. The license has expired as specified in
				subsection (1), above.
2. The
				licensee has ceased principal activities permanently at the entire site or in
				any separate building or outdoor area.
3. The licensee has conducted no principal
				activities under the license for 24 months.
4. The licensee has conducted no principal
				activities for 24 months in any separate building or outdoor area that contains
				residual radioactivity to the extent that the building or outdoor area is
				unsuitable for release as specified in these rules.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-5 - CONTROL OF RADIATION HAZARDS › Section 64E-5.215 - Transfer of Material

Current through Reg. 50, No. 138; July 16, 2024
(1) No licensee
				shall transfer radioactive material except as authorized pursuant to this
				section.
(2) Except as otherwise
				provided in his license and subject to the provisions of subsections (3) and
				(4), below, a licensee may transfer radioactive material:
(a) To the Department after receiving
				approval from the Department;
(b)
				To the U.S. Department of Energy;
(c) To any person exempt from these
				regulations to the extent permitted under such exemption;
(d) To any person authorized to receive such
				material under terms of a general license or its equivalent, or a specific
				license or equivalent licensing document, issued by the Department, the U.S.
				Nuclear Regulatory Commission, an Agreement State, a Licensing State, or to any
				person otherwise authorized to receive such material by the Federal Government
				or any agency thereof, the Department, an Agreement State or a Licensing
				State.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-5 - CONTROL OF RADIATION HAZARDS › Section 64E-5.216 - Reciprocal Recognition of Licenses for Byproduct, Source, Naturally Occurring and Accelerator Produced Radioactive Material, and Special Nuclear Material in Quantities Not Sufficient to Form a Critical Mass

Current through Reg. 50, No. 138; July 16, 2024
(1) Subject to these regulations, any 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, will be granted a general license by the Department to
				conduct the activities authorized in such licensing document within the State
				of Florida, except for areas of exclusive federal jurisdiction, for a period
				not in excess of 180 consecutive days provided that:
(a) The out-of-state license document does
				not limit the performance of the function authorized by such document to
				specified installations or locations;
(b) The out-of-state licensee notifies the
				Department in writing at least 3 days prior to engaging in such activity. Such
				notification shall indicate the location, period and type of proposed
				possession and use within the State, and shall be accompanied by a copy of the
				pertinent licensing document. If, for a specific case, the 3-day period would
				impose an undue hardship on the out-of-state licensee, the licensee may, upon
				application to the Department, obtain permission to proceed sooner;
(c) The out-of-state licensee complies with
				these applicable regulations and with all the terms and conditions of the
				licensing document, except any such terms and conditions that are inconsistent
				with these applicable regulations; and,
(d) The out-of-state licensee shall not
				transfer or dispose of radioactive material possessed or used under the general
				license provided in this section except by transfer to a person who is
				specifically licensed by the Department, by the NRC, an Agreement State or a
				Licensing State to receive such material.
(e) Any licensee using or storing radioactive
				material at any location not listed on the license for a period in excess of
				180 days in a calendar year, shall notify the department with the information
				listed in paragraph  64E-5.216(1)(b),
				F.A.C., prior to exceeding the 180 days.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-5 - CONTROL OF RADIATION HAZARDS › Section 64E-5.218 - Performance of Inspections

Current through Reg. 50, No. 138; July 16, 2024
(1) Radioactive
				material inspections may be announced or unannounced.
(2) Inspection procedures for all license
				categories will include the following:
(a) At
				the time of entrance to a facility, the department will inform the licensee
				management if available the purpose, extent, and approximate length of time
				required to complete the inspection;
(b) Consultation with workers in accordance
				with Rule  64E-5.905, F.A.C., may be
				performed;
(c) The department will
				review any or all records that are required to be maintained by these
				regulations or by license conditions;
(d) Radiation surveys will be performed to
				determine compliance with the regulations and license. The department's
				radiation detection and monitoring equipment will be operable and calibrated as
				required by these regulations;
(e)
				Upon completion of an inspection, the department will inform the licensee of
				the preliminary findings of the inspection prior to leaving the facility, if
				possible. Official notification of the inspection findings will be sent in
				writing to the licensee.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-5 - CONTROL OF RADIATION HAZARDS › Section 64E-5.219 - Emergency Planning

Current through Reg. 50, No. 138; July 16, 2024
(1) Each
				application to possess radioactive materials in unsealed form, on foils or
				plated sources, or sealed in glass in excess of the quantities in Rule
				 64E-5.220, F.A.C., must contain
				either:
(a) An evaluation showing that the
				maximum dose to a person off-site due to a release of radioactive materials
				would not exceed 1 rem (10 mSv) effective dose equivalent or 5 rem (50 mSv) to
				the thyroid, or
(b) An emergency
				plan for responding to a release of radioactive material.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-5 - CONTROL OF RADIATION HAZARDS › Section 64E-5.220 - Radioactive Quantities

Current through Reg. 50, No. 138; July 16, 2024
(1) The list of
				quantities of radioactive materials requiring consideration of the need for an
				emergency plan for responding to a release as required in Rule
				 64E-5.219, F.A.C., is provided
				in the Department publication "Emergency Plan Isotopes and Quantities, " July
				2014 edition, which is incorporated by reference and can be obtained at
http://www.floridahealth.gov/radiation
,
				and at
https://www.flrules.org/Gateway/reference.asp?No=Ref-05439
.
(2) For combinations of radioactive
				materials, consideration of the need for an emergency plan is required if the
				sum of the ratios of the quantity of each radioactive material authorized to
				the quantity listed for that material in this section exceeds one.
(3) Waste packaged in Type B containers as
				specified in Rule  64E-5.101, F.A.C., does not
				require an emergency plan.
Rulemaking Authority
					  404.022,
					  404.042,
					 404.051,
					 404.061,
					 404.071,
					 404.081 FS. Law Implemented
					 404.022,
					 404.042,
					  404.051(1), (4), (6), (9),
					 (10),
					  404.061(2),
					 (3),
					  404.071(1),
					  404.081(1) 
					 FS.
New 5-12-93, Formerly 10D-91.327, Amended
					 6-3-15.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-5 - CONTROL OF RADIATION HAZARDS › Section 64E-5.221 - Radiological Criteria for License Termination

Current through Reg. 50, No. 138; July 16, 2024
The criteria in this subpart apply to the decommissioning of
				  facilities licensed under this chapter but do not apply to uranium and thorium
				  recovery facilities as specified in Rule
				   64E-5.211, F.A.C., or to sites
				  which previously have submitted and received department approval of a license
				  termination plan or decommissioning plan as specified in subsection
				   64E-5.214(2),
				  F.A.C.
(1) After a site has been
				decommissioned and the license terminated in accordance with the criteria in
				this subpart, the department will require additional cleanup only if based on
				new information or if it determines that the criteria of this subpart were not
				met and residual activity remaining at the site could result in significant
				threat to public health and safety.
(2) When calculating total effective dose
				equivalent to the average member of the critical group, the licensee shall
				determine the peak annual total effective dose equivalent expected within the
				first 1, 000 years after decommissioning.
Rulemaking Authority
					 404.051(4), (6),
					 (9),
					 404.061(2),
					 404.081 FS. Law Implemented
					  404.051(1), (4), (6),
					 (9),
					  404.061(2),
					  404.081(1) 
					 FS.
New 12-19-01.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-5 - CONTROL OF RADIATION HAZARDS › Section 64E-5.222 - Radiological Criteria for Unrestricted Use

Current through Reg. 50, No. 138; July 16, 2024
A site is acceptable for unrestricted use if the total
				  effective dose equivalent to an average member of the critical group from the
				  residual radioactivity that is distinguishable from background radiation does
				  not exceed 25 millirem (0.25 mSv) per year including radioactivity from
				  groundwater sources of drinking water and the residual radioactivity levels are
				  as low as reasonably achievable. Determination of the ALARA levels must take
				  into account any detriments such as deaths from transportation accidents
				  potentially expected to result from decontamination and waste
				  disposal.
Rulemaking Authority
					 404.051(4), (6),
					 (9),
					 404.061(2),
					 404.081 FS. Law Implemented
					  404.051(1), (4), (6),
					 (9),
					  404.061(2),
					  404.081(1) 
					 FS.
New 12-19-01.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-5 - CONTROL OF RADIATION HAZARDS › Section 64E-5.223 - Criteria for License Termination Under Restricted Conditions

Current through Reg. 50, No. 138; July 16, 2024
A site is acceptable for license termination under restricted
				  conditions if it meets the criteria below.
(1) The residual levels associated with
				restricted conditions are ALARA or the licensee can demonstrate that further
				reductions in residual radioactivity to comply with the provisions of Rule
				 64E-5.222, F.A.C., would result
				in an increase in public or environmental harm. Determination of the ALARA
				levels must take into account any detriments such as traffic accidents
				potentially expected to result from decontamination and waste
				disposal.
(2) The licensee has made
				provisions for legally enforceable institutional controls that provide
				reasonable assurance that the total effective dose equivalent from residual
				radioactivity distinguishable from background to the average member of the
				critical group will not exceed 25 millirem (0.25 mSv) per year.
(3) The licensee has provided sufficient
				financial assurance to enable an independent third party including a
				governmental custodian of a site to assume and carry out responsibilities for
				any necessary control and maintenance of the site. Acceptable financial
				assurance mechanisms are:
(a) Funds sufficient
				to pay decommissioning costs placed into an account segregated from the
				licensee's assets and outside the licensee's administrative control before the
				start of decommissioning operations, or
(b) A bond as specified in Rule
				 64E-5.217, F.A.C., or
(c) An arrangement deemed acceptable by the
				governmental entity that is assuming custody and ownership of a
				site.