reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.121 - General Licenses - Source Material

Current through Register 1525, July 5, 2024
(A) A general
				license is hereby 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:
(1) No more than 1.5 kg
				(3.3 lb) of uranium and thorium in dispersible forms (
e.g
.,
				gaseous, liquid, powder,
etc
.) 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
				105 CMR 120.121(A)(1) may not receive more than a total of 7 kg (15.4 lb) of
				uranium and thorium in any one calendar year; and
(2) 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 105 CMR 120.121(A)(2) 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 105 CMR 120.121(A)(2) unless it is accounted for under the
				limits of 105 CMR 120.121(A)(1); or
(3) 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 105 CMR 120.121(A)(3); or
(4) 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
				105 CMR 120.121(A)(4) may not receive more than a total of 70 kg (154 lb) of
				source material in any one calendar year.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.122 - General Licenses - Radioactive Material Other than Source Material

Current through Register 1525, July 5, 2024
(A)
Requirements for Other
				General Licenses (Reserved)
.
(B)
Luminous Safety Devices for
				Aircraft
.
(1) A general license
				is hereby issued to own, receive, acquire, possess, and use tritium or
				promethium-147 contained in luminous safety devices for use in aircraft,
				provided:
(a) each device contains not more
				than 10 curies (370 GBq) of tritium or 300 millicuries (11.1 GBq) of
				promethium-147; and
(b) each device
				has been manufactured, assembled or imported in accordance with a specific
				license issued by the U.S. Nuclear Regulatory Commission, or each device has
				been manufactured or assembled in accordance with the specifications contained
				in a specific license issued by the Agency or any Agreement State to the
				manufacturer or assembler of such device pursuant to licensing requirements
				equivalent to those in 10 CFR Part 32, § 32.53.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.124 - Filing Application for Specific Licenses

Current through Register 1525, July 5, 2024
(A) Applications for specific licenses shall
				be filed in duplicate on form MRCP 120.100-4 as prescribed by the
				Agency.
(B) The Agency 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 Agency to
				determine whether the application should be granted or denied or whether a
				license should be modified or revoked.
(C) Each application shall be signed by the
				applicant or licensee or a person duly authorized to act for and on his or her
				behalf.
(D) An application for a
				license may include a request for a license authorizing one or more activities.
				The Agency will not grant the request if the proposed activities are not under
				the control of the same facility, administrator and radiation safety officer.
				In addition, when evaluating the request, the Agency will consider complexity,
				similarity and proximity of the proposed activities.
(E) In the application, the applicant may
				incorporate by reference information contained in previous applications,
				statements, or reports filed with the Agency provided such references are clear
				and specific.
(F) Applications and
				documents submitted to the Agency may be made available for public inspection
				except that the Agency may withhold any document or part thereof from public
				inspection if disclosure of its content is not required in the public interest
				and would adversely affect the interest of a person concerned.
(G)
(1)
				Except as provided in 105 CMR 120.124(G)(2), (3), and (4), an application for a
				specific license to authorize receipt, possession or use of radioactive
				material in the form of a sealed source or in a device that contains a sealed
				source shall either:
(a) identify the sealed
				source or device that contains a sealed source by manufacturer and model number
				as registered with the Agency under
				105
				CMR 120.128(N), with the NRC
				or an Agreement State, or for a source or a device containing radium-226 or
				accelerator-produced radioactive material with a State under provisions
				comparable to
				105
				CMR 120.128(N); or
(b) contain the information identified in
				105
				CMR
				120.128(N)(3).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.125 - General Requirements for the Issuance of Specific Licenses

Current through Register 1525, July 5, 2024
(A) A license application will be approved
				only if the Agency 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 105 CMR 120.000 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;
(3) the issuance of the license will not be
				inimical to the health and safety of the public; and,
(4) the applicant satisfies any applicable
				special requirements in
				105
				CMR 120.050 through
				120.080,
				120.126,
				120.127,
				120.128,
				120.300,
				120.500,
				120.620
				120.800, 120.890 and 120.900.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.126 - Special Requirements for Issuance of Certain Specific Licenses for Radioactive Material

Current through Register 1525, July 5, 2024
Uses of Sealed Sources in Industrial
				  Radiography
. In addition to the requirements set forth in
				  105 CMR
				  120.125, a specific license for use of sealed
				  sources in industrial radiography will be issued if:
(1) the applicant will have an adequate
				program for training radiographic personnel and submits to the Agency a
				schedule or description of such program which specifies the:
(a) initial training;
(b) periodic training;
(c) on-the-job training; and
(d) means to be used by the licensee to
				determine the radiographic personnel's knowledge and understanding of and
				ability to comply with Agency regulations and licensing requirements, and the
				operating and emergency procedures of the applicant.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.127 - Special Requirements for Specific Licenses of Broad Scope

Current through Register 1525, July 5, 2024
105 CMR 120.127 prescribes requirements for the issuance of
				  specific licenses of broad scope for radioactive material and certain
				  regulations governing holders of such licenses.
(A) The different types of broad scope
				licenses are set forth in 105 CMR 120.127(A):
(1) 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.
(2) 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
				105 CMR
				120.197:
Appendix C
, 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
				105 CMR
				120.197:
Appendix C
, 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
				105 CMR
				120.197:
Appendix C
, Column
				I, for that radionuclide. The sum of the ratios for all radionuclides possessed
				under the license shall not exceed unity.
(3) 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
				105 CMR
				120.197:
Appendix C
, 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
				105 CMR
				120.197:
Appendix C
, 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
				105 CMR
				120.197:
Appendix C
, Column
				II, for that radionuclide. The sum of the ratios for all radionuclides
				possessed under the license shall not exceed unity.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.128 - Special Requirements for a Specific License to Manufacture, Assemble, Repair, or Distribute Commodities, Products, or Devices Which Contain Radioactive Material

Current through Register 1525, July 5, 2024
(A)
Licensing Requirements to Produce for Noncommercial Transfer
				Positron Emission Tomography (PET) Radioactive Drugs
. An
				application from a medical facility, educational institution, or Federal
				facility to produce Positron Emission Tomography (PET) radioactive drugs for
				noncommercial transfer to licensees in its consortium authorized for medical
				use under
				105 CMR
				120.500, or equivalent Nuclear Regulatory
				Commission, or Agreement State requirements shall include:
(1) A request for authorization for the
				production of PET radionuclides or evidence of an existing license issued under
				105 CMR
				120.100 or equivalent Nuclear Regulatory
				Commission, or Agreement State requirements for a PET radionuclide production
				facility within its consortium from which it receives PET
				radionuclides.
(2) Evidence that
				the applicant is qualified to produce radioactive drugs for medical use by
				meeting one of the criteria in 105 CMR 120.128(J)(1)(b).
(3) Identification of individual(s)
				authorized to prepare the PET radioactive drugs if the applicant is a pharmacy,
				and documentation that each individual meets the requirements of an authorized
				nuclear pharmacist as specified in 105 CMR 120.128(J)(2)(b).
(4) Information identified in 105 CMR
				120.128(J)(1)(c) on the PET drugs to be noncommercially transferred to members
				of its consortium.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.130 - Issuance of Specific Licenses

Current through Register 1525, July 5, 2024
(A)
(1) Upon a determination that an application
				meets the requirements of M.G.L. c. 111, §§ 3, 5M through 5P and 105
				CMR 120.000 and upon payment of the required fee as specified in 105 CMR
				120.130(A)(2), the Agency 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) Each initial application for a license or
				a certificate of registration for which a fee is established in 801 CMR 4.00:
Rates
shall be accompanied by a nonrefundable fee, payable to
				the Commonwealth of Massachusetts, in the amount specified for the
				corresponding annual fee. Thereafter, the Radiation Control Program will issue
				an annual fee invoice based on the applicable annual fee specified in 801 CMR
				4.00. Fees are payable within 30 days after receipt of a fee invoice.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.131 - Specific Terms and Conditions of Licenses

Current through Register 1525, July 5, 2024
(A)
				Each license issued pursuant to
				105
				CMR 120.000 shall be subject to all the provisions of
				M.G.L. c. 111, §§ 3, 5M through 5P, and to all rules, regulations,
				orders of the Agency and license conditions as provided for in
				105 CMR
				120.130(B).
(B)
(1) No
				license issued or granted under
				105
				CMR 120.000 and no right to possess or utilize
				radioactive material granted by any license issued pursuant to 105 CMR 120.131
				shall be transferred, assigned, or in any manner disposed of, either
				voluntarily or involuntarily, directly or indirectly, through transfer of
				control of any license to any person unless the Agency shall, after securing
				full information find that the transfer is in accordance with the provisions of
				M.G.L. c. 111, §§ 3, 5M through 5P, and to all valid rules,
				regulations, and orders of the Agency, and shall give its consent in
				writing.
(2) 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
				105 CMR
				120.125(C), as
				applicable.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.132 - Expiration and Termination of Licenses and Decommissioning of Sites and Separate Buildings or Outdoor Areas

Current through Register 1525, July 5, 2024
(A) Each specific
				license expires at the end of the day on the expiration date stated in the
				license unless the licensee has filed an application for renewal under
				105 CMR
				120.133 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 prior to the expiration date stated in the
				existing license, the existing license expires at the end of the day on which
				the Agency makes a final determination to deny the renewal application or, if
				the determination states an expiration date, the expiration date stated in the
				determination.
(B) Each specific
				license revoked by the Agency expires at the end of the day on the date of the
				Agency's final determination to revoke the license, or on the expiration date
				stated in the determination, or as otherwise provided by Agency
				Order.
(C) Each specific license
				continues in effect, beyond the expiration date if necessary, with respect to
				possession of radioactive material until the Agency notifies the licensee in
				writing that the license is terminated. During this time, the licensee shall:
(1) Limit actions involving radioactive
				material to those related to decommissioning; and,
(2) Continue to control entry to restricted
				areas until they are suitable for release in accordance with Agency
				requirements.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.133 - Renewal of Licenses

Current through Register 1525, July 5, 2024
(A) Applications for
				renewal of specific licenses shall be filed in accordance with
				105 CMR
				120.124.
(B) In any case in which a licensee, not less
				than 30 days prior to expiration of his existing license, has filed an
				application in proper form for renewal or for a new license authorizing the
				same activities, such existing license shall not expire until final action by
				the Agency.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.134 - Amendment of Licenses and Registration Certificates at Request of Licensee

Current through Register 1525, July 5, 2024
(A) Applications for amendment of a license
				shall be filed in accordance with
				105 CMR
				120.124 and shall specify the respects in
				which the licensee desires the license to be amended and the grounds for such
				amendment. Applications for amendment of sealed source and device registration
				certificates must be filed in accordance with
				105
				CMR 120.128(N)  and any
				other applicable provisions and must specify the respects in which the
				certificate holder desires its certificate to be amended and the grounds for
				the amendment.
(B) An invoice for
				an amendment fee will be issued on receipt of a request to amend a license. The
				amendment will not be issued until after the invoiced amount has been
				paid.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.135 - Agency Action on Applications to Renew or Amend

Current through Register 1525, July 5, 2024
In considering an application by a licensee to renew or amend
				  the license or to amend a sealed source or device registration certificate, the
				  Agency will apply the criteria set forth in
				  105 CMR
				  120.125,
				  120.126,
				  120.127,
				  and
				  120.128
				  and in 120.300, 120.500, 120.800 or 120.900, as applicable.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.136 - Persons Possessing a License for Source, Byproduct, or Special Nuclear Material in Quantities Not Sufficient to Form a Critical Mass on March 21, 1997

Current through Register 1525, July 5, 2024
Any person who, on March 21, 1997, date of the Agreement
				  between the Commonwealth and the NRC pursuant to section 274b of the Atomic
				  Energy Act of 1954, as amended (
				  42 USC
				  2021 ), possesses a general or specific
				  license for source, byproduct, or special nuclear material in quantities not
				  sufficient to form a critical mass, issued by the U.S. Nuclear Regulatory
				  Commission, shall be deemed to possess a like license issued under 105 CMR
				  120.136 and M.G.L. c. 111, §§ 3, 5M, 5N, 5O and 5P, such license to
				  expire either 90 days after receipt from the Agency of a notice of expiration
				  of such license, or on the date or expiration specified in the U.S. Nuclear
				  Regulatory Commission license, whichever is earlier.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.137 - Persons Possessing Naturally Occurring and Accelerator-produced Radioactive Material (NARM) on March 21, 1997

Current through Register 1525, July 5, 2024
Any person who, on October 6, 2006, possesses NARM for which
				  a specific license is required by M.G.L. c. 111, §§ 3, 5M, 5N, 5O and
				  5P or 105 CMR 120.137 shall be deemed to possess such a license issued under
				  M.G.L. c. 111, §§ 3, 5M, 5N, 5O and 5P and 105 CMR 120.137. Such
				  license shall expire on January 6, 2007; provided, however, that if within the
				  90 days the person possessing such material files an application in proper form
				  for a license, such existing license shall not expire until the application has
				  been finally determined by the Agency.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.140 - Transfer of Material

Current through Register 1525, July 5, 2024
(A) No licensee
				shall transfer radioactive material except as authorized pursuant to 105 CMR
				120.140.
(B) Except as otherwise
				provided in his license and subject to the provisions of 105 CMR 120.140(C) and
				(D), any licensee may transfer radioactive material:
(1) to the Agency (Only after receiving prior
				approval from the Agency.);
(2) to
				the U.S. Department of Energy;
(3)
				to any person exempt from 105 CMR 120.000 to the extent permitted under such
				exemption;
(4) to any person
				authorized to receive such material under terms of a general license or its
				equivalent, or a specific license or equivalent licensing document, issued by
				the Agency, the U.S. Nuclear Regulatory Commission, any Agreement State or any
				Licensing State, or to any person otherwise authorized to receive such material
				by the Federal Government or any agency thereof, the Agency, an Agreement
				State, or a Licensing State; or,
(5) as otherwise authorized by the Agency in
				writing.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.142 - Reporting Requirements

Current through Register 1525, July 5, 2024
(A)
Immediate Report
. Each licensee shall notify the
				Agency 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 or radioactive materials that could exceed regulatory
				limits or releases of licensed material that could exceed regulatory limits
				(events may include fires, explosions, toxic gas releases,
etc.).
(B)
24 Hour Report
. Each licensee shall notify the Agency
				within 24 hours after the discovery of any of the following events involving
				licensed material:
(1) An unplanned
				contamination event that:
(a) 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 area;
(b) Involves a
				quantity of material greater than five times the lowest annual limit on intake
				specified in
				105
				CMR 120.296:
Appendix B
for
				the material; and,
(c) Has access
				to the area restricted for a reason other than to allow isotopes with a
				half-life of less than 24 hours to decay prior to decontamination.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.146 - Emergency Plan for Responding to a Release

Current through Register 1525, July 5, 2024
(A)
				Each application to possess radioactive materials in unsealed form, on foils or
				plated sources, or sealed in glass in excess of the quantities in
				105 CMR
				120.196:
Appendix B,
Table
				III must contain either:
(1) An evaluation
				showing that the maximum dose to a person offsite due to a release of
				radioactive materials would not exceed 1 rem effective dose equivalent or 5
				rems to the thyroid; or
(2) An
				emergency plan for responding to a release of radioactive material.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.150 - Modification and Revocation of Licenses

Current through Register 1525, July 5, 2024
(A)
				The terms and conditions of all licenses shall be subject to amendment,
				revision, or modification or the license may be suspended or revoked by reason
				of amendments to M.G.L. c. 111, §§ 3, 5M, 5N, 5O and 5P, or by reason
				of rules, regulations, and orders issued by the Agency.
*** These reporting requirements
				  do not supersede or release licensees of complying with the requirements under
				  the Emergency Planning and Community Right-to-Know Act of 1986, Title III, Pub.
				  L. 99-499 or other state or federal reporting requirements.
(B) Any license may be revoked, suspended, or
				modified, in whole or in part, for any material false statement in the
				application or any statement of fact required under provisions of M.G.L. c.
				111, §§ 3, 5M, 5N, 5O and 5P, or because of conditions revealed by
				such application or statement of fact or any report, record, or inspection or
				other means which would warrant the Agency to refuse to grant a license on an
				original application, or for violation of, or failure to observe any of the
				terms and conditions of M.G.L. c. 111, §§ 3, 5M, 5N, 5O and 5P, or of
				the license, or of any rule, regulation, or order of the Agency.
(C) Except in cases of willfulness or those
				in which the public health, interest or safety requires otherwise, no license
				shall be modified, suspended, or revoked unless, prior to the institution of
				proceedings therefor, facts or conduct which may warrant such action shall have
				been called to the attention of the licensee in writing and the licensee shall
				have been accorded an opportunity to demonstrate or achieve compliance with all
				lawful requirements.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.190 - Reciprocal Recognition of Licenses

Current through Register 1525, July 5, 2024
(A)
Licenses of Byproduct, Source, and Special Nuclear Material in
				Quantities Not Sufficient to Form a Critical Mass.
(1) Subject to 105 CMR 120.000, any person
				who holds a specific license from the U.S. Nuclear Regulatory Commission 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, is hereby granted a general
				license to conduct the activities authorized in such licensing document within
				this State for a period not in excess of 180 days in any calendar year provided
				that:
(a) the licensing document does not
				limit the activity authorized by such document to specified installations or
				locations;
(b) the out-of-state
				licensee notifies the Agency in writing at least three 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
				three day period would impose an undue hardship on the out-of-state licensee,
				the licensee may, upon application to the Agency, obtain permission to proceed
				sooner. The Agency may waive the requirement for filing additional written
				notifications during the remainder of the calendar year following the receipt
				of the initial notification from a person engaging in activities under the
				general license provided in 105 CMR 120.190(A)(1);
(c) the out-of-state licensee complies with
				all applicable regulations of the Agency and with all the terms and conditions
				of the licensing document, except any such terms and conditions which may be
				inconsistent with applicable regulations of the Agency;
(d) the out-of-state licensee supplies such
				other information as the Agency may request; and
(e) the out-of-state licensee shall not
				transfer or dispose of radioactive material possessed or used under the general
				license provided in 105 CMR 120.190(A)(1) except by transfer to a person:
1. specifically licensed by the Agency or by
				the U.S. Nuclear Regulatory Commission to receive such material; or,
2. exempt from the requirements for a license
				for such material under
				105 CMR
				120.104(A).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.198 - Appendix D: Criteria Relating to Use of Financial Tests and Parent Company Guarantees for Providing Reasonable Assurance of Funds for Decommissioning

Current through Register 1525, July 5, 2024
I.
Introduction
. An
				applicant or licensee may provide reasonable assurance of the availability of
				funds for decommissioning based on obtaining a parent company guarantee that
				funds will be available for decommissioning costs and on a demonstration that
				the parent company passes a financial test. 105 CMR 120.198:
Appendix
				D
establishes criteria for passing the financial test and for
				obtaining the parent company guarantee.
II.
Financial Test
.
(A) To pass the financial test, the parent
				company must meet the criteria of either II.A.1 or II.A.2:
(1) The parent company must have:
(a) Two of the following three ratios: A
				ratio of total liabilities to net worth less than 2.0; a ratio of the sum of
				net income plus depreciation, depletion, and amortization to total liabilities
				greater than 0.1; and a ratio of current assets to current liabilities greater
				than 1.5;
(b) Net working capital
				and tangible net worth each at least six times the current decommissioning cost
				estimates (or prescribed amount if a certification is used);
(c) Tangible net worth of at least $21
				million; and
(d) Assets located in
				the United States amounting to at least 90% of total assets or at least six
				times the current decommissioning cost estimates (or prescribed amount if a
				certification is used).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.198 - Appendix E: Criteria Relating to Use of Financial Tests and Self Guarantees for Providing Reasonable Assurance of Funds for Decommissioning

Current through Register 1525, July 5, 2024
I.
Introduction
. An
				applicant or licensee may provide reasonable assurance of the availability of
				funds for decommissioning based on furnishing its own guarantee that funds will
				be available for decommissioning costs and on a demonstration that the company
				passes the financial test of 105 CMR 120.198:
Appendix E
,
				Section II. The terms of the self-guarantee are in 105 CMR 120.198:
Appendix E
, Section III. 105 CMR 120.198:
Appendix
				E
establishes criteria for passing the financial test for the
				self-guarantee and establishes the terms for a self-guarantee.
II.
Financial Test
.
(A) To pass the financial test, a company
				must meet all of the following criteria:
(1)
				Tangible net worth of at least $21 million, and at least ten times the total
				current decommissioning cost estimate (or the current amount required if
				certification is used) for all decommissioning activities for which the company
				is responsible as self-guaranteeing licensee and as parent-guarantor.
(2) Assets located in the United States
				amounting to at least 90% of total assets or at least ten times the total
				current decommissioning cost estimate (or the current amount required if
				certification is used) for all decommissioning activities for which the company
				is responsible as self-guaranteeing licensee and as parent-guarantor.
(3) A current rating for its most recent
				uninsured, uncollateralized, and unencumbered bond issuance of AAA, AA, or A
				(including adjustments of + and - ) as issued by Standard and Poors (S&P),
				Aaa, Aa, or A (including adjustments of 1, 2, or 3) as issued by
				Moody's.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.198 - Appendix F: Criteria Relating to Use of Financial Tests and Self Guarantees for Providing Reasonable Assurance of Funds for Decommissioning by Commercial Companies That Have No Outstanding Rated Bonds

Current through Register 1525, July 5, 2024
I.
Introduction
. An
				applicant or licensee may provide reasonable assurance of the availability of
				funds for decommissioning based on furnishing its own guarantee that funds will
				be available for decommissioning costs and on a demonstration that the company
				passes the financial test of 105 CMR 120.198:
Appendix F
,
				Section II. The terms of the self-guarantee are in 105 CMR 120.198:
Appendix F
, Section III. 105 CMR 120.198:
Appendix
				F
establishes criteria for passing the financial test for the
				self-guarantee and establishes the terms for a self-guarantee.
II.
Financial Test
.
(A) To pass the financial test, a company
				must meet all of the following criteria:
(1)
				Tangible net worth greater than $21 million, or at least ten times the total
				current decommissioning cost estimate (or the current amount required if
				certification is used) whichever is greater, for all decommissioning activities
				for which the company is responsible as self-guaranteeing licensee and as
				parent-guarantor.
(2) Assets
				located in the United States amounting to at least 90% of total assets or at
				least ten times the total current decommissioning cost estimate (or the current
				amount required if certification is used) for all decommissioning activities
				for which the company is responsible as self-guaranteeing licensee and as
				parent-guarantor.
(3) A ratio of
				cash flow divided by total liabilities greater than 0.15 and a ratio of total
				liabilities divided by net worth less than 1.5.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.198 - Appendix G: Criteria Relating to Use of Financial Tests and Self Guarantee for Providing Reasonable Assurance of Funds for Decommissioning by Nonprofit Colleges, Universities, and Hospitals

Current through Register 1525, July 5, 2024
I.
Introduction
. An applicant or licensee may provide
				reasonable assurance of the availability of funds for decommissioning based on
				furnishing its own guarantee that funds will be available for decommissioning
				costs and on a demonstration that the applicant or licensee passes the
				financial test of 105 CMR 120.198:
Appendix G
, Section II. The
				terms of the self-guarantee are in 105 CMR 120.198:
Appendix
				G
, Section III. 105 CMR 120.198:
Appendix G
establishes criteria for passing the financial test for the self-guarantee and
				establishes the terms for a self-guarantee.
II.
Financial Test
.
(A) For colleges and universities, to pass
				the financial test a college or university must meet either the criteria in 105
				CMR 120.198:
Appendix G
, Section II.(A)(1) or the criteria in
				105 CMR 120.198:
Appendix G
, Section II.(A)(2).
(1) For applicants or licensees that issue
				bonds, a current rating for its most recent uninsured, uncollateralized, and
				unencumbered bond issuance of AAA, AA, or A (including adjustments of + or - )
				as issued by Standard and Poor's (S&P) or Aaa, Aa, or A (including
				adjustments of 1, 2, or 3) as issued by Moody's.
(2) For applicants or licensees that do not
				issue bonds, unrestricted endowment consisting of assets located in the United
				States of at least $50 million, or at least 30 times the total current
				decommissioning cost estimate (or the current amount required if certification
				is used), whichever is greater, for all decommissioning activities for which
				the college or university is responsible as a self-guaranteeing
				licensee.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.201 - Purpose

Current through Register 1525, July 5, 2024
(A)
									105 CMR
				120.200 establishes standards for protection
				against ionizing radiation resulting from activities conducted pursuant to
				licenses or registrations issued by the Agency. The requirements of
				105 CMR
				120.200 are designed to control the receipt,
				possession, use, transfer, and disposal of sources of radiation by any licensee
				or registrant so the total dose to an individual, including doses resulting
				from all sources of radiation other than background radiation, does not exceed
				the standards for protection against radiation prescribed in
				105 CMR
				120.200. However, nothing in
				105 CMR
				120.200 shall be construed as limiting
				actions that may be necessary to protect health and safety.
(B)
									105 CMR
				120.200 is issued pursuant to M.G.L. c. 111,
				§§ 3, 5M, 5N, 5O, 5P.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.202 - Scope

Current through Register 1525, July 5, 2024
Except as otherwise specifically provided in other Parts of
				  105 CMR 120.000,
				  105 CMR
				  120.200 applies to persons licensed or
				  registered by the Department to receive, possess, use, transfer, or dispose of
				  sources of radiation. The limits in
				  105 CMR
				  120.200 do not apply to doses due to
				  background radiation, to exposure of patients to radiation for the purpose of
				  medical diagnosis or therapy, to exposure from individuals administered
				  radioactive material and released in accordance with
				  105
				  CMR 120.540 or to voluntary participation in
				  medical research programs.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.204 - Implementation

Current through Register 1525, July 5, 2024
(A) Any existing license or certificate of
				registration condition that is more restrictive than
				105 CMR
				120.200 remains in force until there is an
				amendment or renewal of the license or registration.
(B) If a license or certificate of
				registration condition exempts a licensee or registrant from a provision of
				105 CMR
				120.200 in effect on or before July 9, 1999,
				it also exempts the licensee or registrant from the corresponding provision of
				105 CMR
				120.200.
(C) If a license or registration condition
				cites provisions of
				105 CMR
				120.200 in effect prior to July 9, 1999,
				which do not correspond to any provisions of the revised
				105 CMR
				120.200, the license or registration
				condition remains in force until there is an amendment or renewal of the
				license or registration that modifies or removes this condition.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.210 - Radiation Protection Programs

Current through Register 1525, July 5, 2024
(A) Each
				licensee or registrant shall develop, document, and implement a radiation
				protection program sufficient to ensure compliance with the provisions of 105
				CMR 120.200.
See
105 CMR
				120.262 for recordkeeping requirements
				relating to these programs.
(B) The
				licensee or registrant shall use, to the extent practical, procedures and
				engineering controls based upon sound radiation protection principles to
				achieve occupational doses and doses to members of the public that are as low
				as is reasonably achievable (ALARA).
(C) The licensee or registrant shall, at
				intervals not to exceed 12 months, review the radiation protection program
				content and implementation.
(D) To
				implement the ALARA requirements of 105 CMR 120.210(B), and notwithstanding the
				requirements in
				105 CMR
				120.221, a constraint on air emissions of
				radioactive material to the environment, excluding Radon-222 and its daughters,
				shall be established by licensees, such that the individual member of the
				public likely to receive the highest dose will not be expected to receive a
				total effective dose equivalent in excess of 0.1 mSv (ten mrem) per year from
				these emissions. If a licensee subject to this requirement exceeds this dose
				constraint, the licensee shall report the exceedance as provided in
				105
				CMR 120.283 and promptly take appropriate
				corrective action to ensure against recurrence.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.211 - Occupational Dose Limits for Adults

Current through Register 1525, July 5, 2024
(A) The
				licensee or registrant shall control the occupational dose to individual
				adults, except for planned special exposures pursuant to
				105 CMR
				120.216, to the following dose limits:
(1) An annual limit, which is the more
				limiting of
(a) the total effective dose
				equivalent being equal to .05 sievert (five rems); or
(b) the sum of the deep dose equivalent and
				the committed dose equivalent to any individual organ or tissue other than the
				lens of the eye being equal to 0.5 sievert (50 rems).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.212 - Compliance with Requirements for Summation of External and Internal Doses

Current through Register 1525, July 5, 2024
(A) If the licensee is required to monitor
				pursuant to both
				105
				CMR 120.226(A) and (B), the
				licensee shall demonstrate compliance with the dose limits by summing external
				and internal doses. If the licensee or registrant is required to monitor only
				pursuant to
				105
				CMR 120.226(A)  or only
				pursuant to
				105
				CMR 120.226(B), then
				summation is not required to demonstrate compliance with the dose limits. The
				licensee may demonstrate compliance with the requirements for summation of
				external and internal doses pursuant to 105 CMR 120.212(B), (C) and (D). The
				dose equivalents for the lens of the eye, the skin, and the extremities are not
				included in the summation, but are subject to separate limits.
(B)
Intake by
				Inhalation
. If the only intake of radionuclides is by inhalation,
				the total effective dose equivalent limit is not exceeded if the sum of the
				deep dose equivalent divided by the total effective dose equivalent limit, and
				one of the following, does not exceed unity:
(1) the sum of the fractions of the
				inhalation ALI for each radionuclide;
(2) the total number of derived air
				concentration-hours (DAC-hours) for all radionuclides divided by 2,000;
				or
(3) the sum of the calculated
				committed effective dose equivalents to all significantly irradiated organs or
				tissues (T) calculated from bioassay data using appropriate biological models
				and expressed as a fraction of the annual limit. For purposes of this
				requirement, an organ or tissue is deemed to be significantly irradiated if,
				for that organ or tissue, the product of the weighting factors,
				wT , and the committed dose equivalent,
				HT,50, per unit intake is greater than 10% of the
				maximum weighted value of H T,50, that is, w
				TH T,50, per unit intake for any
				organ or tissue.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.213 - Determination of External Dose from Airborne Radioactive Material

Current through Register 1525, July 5, 2024
(A) Licensees shall, when determining the
				dose from airborne radioactive material, include the contribution to the deep
				dose equivalent, lens dose equivalent, and shallow dose equivalent from
				external exposure to the radioactive cloud.
See
105
				CMR 120.296:
Appendix B
,
				footnotes 1 and 2.
(B) Airborne
				radioactivity measurements and DAC values shall not be used as the primary
				means to assess the deep dose equivalent when the airborne radioactive material
				includes radionuclides other than noble gases or if the cloud of airborne
				radioactive material is not relatively uniform. The determination of the deep
				dose equivalent to an individual shall be based upon measurements using
				instruments or individual monitoring devices.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.214 - Determination of Internal Exposure

Current through Register 1525, July 5, 2024
(A) For
				purposes of assessing dose used to determine compliance with occupational dose
				equivalent limits, the licensee shall, when required pursuant to
				105
				CMR 120.226, take suitable and timely
				measurements of:
(1) concentrations of
				radioactive materials in air in work areas; or
(2) quantities of radionuclides in the body;
				or
(3) quantities of radionuclides
				excreted from the body; or
(4)
				combinations of these measurements.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.216 - Planned Special Exposures

Current through Register 1525, July 5, 2024
A licensee or registrant may authorize an adult worker to
				  receive doses in addition to and accounted for separately from the doses
				  received under the limits specified in
				  105 CMR
				  120.211 provided that each of the following
				  conditions is satisfied:
(A) The
				licensee or registrant authorizes a planned special exposure only in an
				exceptional situation when alternatives that might avoid the dose estimated to
				result from the planned special exposure are unavailable or
				impractical.
(B) The licensee or
				registrant, and employer if the employer is not the licensee or registrant,
				specifically authorizes the planned special exposure, in writing, before the
				exposure occurs.
(C) Before a
				planned special exposure, the licensee or registrant ensures that each
				individual involved is:
(1) informed of the
				purpose of the planned operation;
(2) informed of the estimated doses and
				associated potential risks and specific radiation levels or other conditions
				that might be involved in performing the task; and
(3) instructed in the measures to be taken to
				keep the dose ALARA considering other risks that may be present.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › RECORDS › Section 120.217 - Occupational Dose Limits for Minors

Current through Register 1525, July 5, 2024
The annual occupational dose limits for minors are 10% of the
				  annual occupational dose limits specified for adult workers in
				  105 CMR
				  120.211.