reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 14 - Grant Program › Section XI-1413 - Procedures Prior to Making Upgrades or Improvements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicants may be approved for the grant
				program upon the condition they meet the requirements for participation and are
				in compliance with the Environmental Quality Act,
				R.S.
				30:2001, et seq., and LAC 33:XI.
B. Applicants must have written approval from
				the department for participation in the grant program prior to implementing any
				eligible upgrades and/or improvements.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  30:2195.2.A(6)(e).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 14 - Grant Program › Section XI-1415 - Department Inspections and Notifications

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department may perform periodic
				inspections during the upgrade and/or improvement and may be present for all
				installation-critical junctures.
B.
				If the Environmental Quality Act,
				R.S.
				30:2001, et seq., and LAC 33:XI are not
				followed by the UST owner, operator, or certified worker prior to and during
				the upgrade and/or improvement, the applicant may not be awarded the grant
				reimbursement.
1. The department shall notify
				the applicant in writing as soon as any violation is determined that
				disqualifies the applicant from receiving the grant reimbursement.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 14 - Grant Program › Section XI-1417 - Grant Reimbursement Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. The grant reimbursement shall be on a
				department provided form and shall include the following.
1. An affidavit signed by the applicant that
				all upgrades and/or improvements have been completed in accordance with the
				scope of work and in accordance with the Environmental Quality Act,
				R.S.
				30:2001, et seq., and LAC 33:XI.
2. Copies of all paid invoices for the
				upgrade and/or improvement.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 15 - Enforcement › Section XI-1501 - Inspection and Entry

Current through Register Vol. 50, No. 6, June 20, 2024
A. Owners and
				operators of USTs shall allow an authorized representative of the department,
				upon proper presentation of credentials, to do the following.
1. The representative shall be allowed to
				enter, for inspection or sampling purposes, the premises where a UST system is
				or might be located or in which monitoring equipment or records required by
				these regulations are kept. Most inspections will be unannounced and should be
				allowed to begin immediately, but in no case shall begin more than 30 minutes
				after the time the inspector presents his or her credentials and announces the
				purpose(s) of the inspection. A delay of over 30 minutes shall constitute a
				violation of these regulations. Additional time may be granted, however, if the
				inspector or the administrative authority determines that the circumstances
				warrant such action.
2. The
				representative shall have access to and be allowed to copy any records that the
				department or the representative finds necessary for the enforcement of these
				regulations. For records maintained in either a central or private office that
				is open only during normal office hours and is closed at the time of the
				inspection, the records shall be made available as soon as the office is open,
				but in no case later than noon the next working day.
3. Photographs (Reserved)
4. The representative shall be allowed to
				inspect any facilities, equipment (including monitoring and control equipment),
				practices, or operations regulated or required under these
				regulations.
5. The representative
				shall be allowed to sample or monitor for the purposes of assuring compliance
				with these regulations, or as otherwise authorized by the Act (R.S. 30:2001 et
				seq.), any substances or parameters at any location.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 15 - Enforcement › Section XI-1503 - Failure to Comply

Current through Register Vol. 50, No. 6, June 20, 2024
A. Failure of
				any person to comply with any of the provisions of these regulations or any
				order issued hereunder constitutes a violation of the Act.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et
				  seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 15 - Enforcement › Section XI-1505 - Investigations: Purposes, Notice

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Investigations shall be undertaken to determine whether a violation has
				occurred or is about to occur, the scope and nature of the violation, and the
				persons or parties involved. Notice of the initiation of an investigation may
				be given to any complainant who provided the information prompting the
				investigation, and if advisable, to the person(s) under investigation, if the
				identity of such person(s) is known.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et
				  seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 1 - General Provisions › Section XV-101 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
				otherwise specifically provided, these regulations apply to all persons who
				receive, possess, use, transfer, own, or acquire any source of radiation
				provided, however, that nothing in these regulations shall apply to any person
				to the extent such person is subject to regulation by the U.S. Nuclear
				Regulatory Commission.
B. Attention
				is directed to the fact that state regulation of source material, byproduct
				material, and special nuclear material in quantities not sufficient to form a
				critical mass is subject to the provisions of the agreement between the state
				and the U.S. Nuclear Regulatory Commission and to Parts 40 and 150 of the U.S.
				Nuclear Regulatory Commission's regulations (10 CFR Parts 40 and
				150).
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et
				  seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 1 - General Provisions › Section XV-103 - Exemptions

Current through Register Vol. 50, No. 6, June 20, 2024
A. General
				Provision. The administrative authority may, upon written application therefor
				or upon his or her own initiative, grant such exemptions or exceptions from the
				requirements of these regulations as he or she determines are authorized by law
				and which will not result in undue hazard to public health and safety or
				properly.
B. U.S. Department of
				Energy Contractors and U.S. Nuclear Regulatory Commission Contractors. Any U.S.
				Department of Energy contractor or subcontractor and any U.S. Nuclear
				Regulatory Commission contractor or subcontractor of the following categories
				operating within this state is exempt from these regulations to the extent that
				such contractor or subcontractor under his or her contract receives, possesses,
				uses, transfers, or acquires sources of radiation:
1. prime contractors performing work for the
				U.S. Department of Energy at U.S. government-owned or controlled sites,
				including the transportation of sources of radiation to or from such sites and
				the performance of contract services during temporary interruptions of such
				transportation;
2. prime
				contractors of the U. S. Department of Energy performing research in, or
				development, manufacture, storage, testing or transportation of, atomic weapons
				or components thereof;
3. prime
				contractors of the U. S. Department of Energy using or operating nuclear
				reactors or other nuclear devices in United States government-owned vehicle or
				vessel; and
4. any other prime
				contractor or subcontractor of the U.S. Department of Energy or of the U.S.
				Nuclear Regulatory Commission when the state and the U.S. Nuclear Regulatory
				Commission jointly determine:
a. that the
				exemption of the prime contractor or subcontractor is authorized by law;
				and
b. that under the terms of the
				contract or subcontract, there is adequate assurance that the work thereunder
				can be accomplished without undue risk to the public health and
				safety.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 1 - General Provisions › Section XV-104 - Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each licensee
				and registrant shall maintain records showing the receipt, storage, transfer,
				and disposal of all sources of radiation.
B. Each licensee shall perform and maintain
				records of an annual inventory of all sealed sources. Records shall be
				maintained showing the sealed source identity, location, date of inventory, and
				name of individual(s) performing the inventory.
C. Each licensee and registrant shall
				maintain a current copy of an applicable license and/or registration
				certificate for nonlicensed sources of radiation at each temporary
				jobsite.
D. Each licensee and
				registrant shall maintain the records required by LAC 33:XV.104, 421, 451, and
				all other applicable portions of these regulations at the authorized location
				of storage and/or use.
E.
				Replacement of the original license or certificate of registration shall be
				provided at a cost of 10 percent of the annual fee. The registrant or licensee
				may reproduce the original document for his own use as necessary.
Additional record requirements are specified elsewhere in
				  these regulations.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et
				  seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 1 - General Provisions › Section XV-105 - Inspections

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each licensee
				and registrant shall afford the department, at all reasonable times,
				opportunity to inspect sources of radiation and the premises and facilities
				wherein such sources of radiation are used or stored.
B. Each licensee and registrant shall make
				available to the department for inspection, upon reasonable notice, records
				maintained pursuant to these regulations.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et
				  seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 1 - General Provisions › Section XV-106 - Tests

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each licensee
				and registrant shall perform, upon instructions from the department, or shall
				permit the department to perform, such reasonable tests as the department deems
				appropriate or necessary including, but not limited to, tests of:
1. sources of radiation;
2. facilities wherein sources of radiation
				are used or stored;
3. radiation
				detection and monitoring instruments; and
4. other equipment and devices used in
				connection with utilization or storage of licensed or registered sources of
				radiation.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 1 - General Provisions › Section XV-107 - Additional Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				administrative authority may, by rule, regulation, or order, impose upon any
				licensee or registrant such requirements in addition to those established in
				these regulations as deemed appropriate or necessary to minimize danger to
				public health and safety or property.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et
				  seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 1 - General Provisions › Section XV-108 - Violations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person who
				violates any provision of the Louisiana Environmental Quality Act, or any
				regulation or condition(s) of license or certificate of registration issued
				thereunder will be subject to enforcement actions as provided in
				R.S.
				30:2025.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et
				  seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 1 - General Provisions › Section XV-109 - Impounding

Current through Register Vol. 50, No. 6, June 20, 2024
A. Sources of
				radiation shall be subject to impounding pursuant to
				R.S.
				30:2108.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et
				  seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 1 - General Provisions › Section XV-110 - Prohibited Uses

Current through Register Vol. 50, No. 6, June 20, 2024
A. Hand-held
				fluoroscopic screens shall not be used.
B. Shoe-fitting fluoroscopic devices shall
				not be used.
C. Sources of
				radiation shall not be used to expose any individual for training or
				demonstration purposes.
D. Sources
				of radiation shall not be used for the purpose of screening or inspecting
				individuals for concealed weapons, hazardous materials, stolen property,
				illegal goods, or contraband without prior written approval from the
				department.
E. No person shall
				intentionally apply or allow to be applied, either directly or indirectly,
				radiation to human beings except by, or under the supervision of, persons
				licensed by Louisiana to practice the healing arts and who are authorized to
				use radiation on humans.
1.
Supervision
, as used in this Subsection, shall mean the
				responsibility for, and control of, quality, radiation safety, and technical
				aspects of the application of radiation to human beings for diagnostic and
				therapeutic purposes.
2. This
				prohibition shall not be deemed to apply to persons who are exposed to
				radiation occupationally, or as otherwise provided in these
				regulations.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 1 - General Provisions › Section XV-111 - Interpretations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
				specifically authorized by the department in writing, no interpretation of the
				meaning of these regulations by any officer or employee of the department will
				be recognized to be legally binding upon the department in any manner
				whatsoever.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et
				  seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 1 - General Provisions › Section XV-112 - Rulemaking

Current through Register Vol. 50, No. 6, June 20, 2024
A. The procedure
				that must be followed to petition for rulemaking can be found in LAC
				33:I.Chapter 9.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et
				  seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 1 - General Provisions › Section XV-113 - Appeal Procedure, Administrative Review

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person affected by the regulatory
				actions of the department or administrative authority shall comply with
				R.S.
				30:2024.
B. Applications to Request a Hearing
1. Any person who alleges that he or she has
				been aggrieved by the final actions or decision of the department or
				administrative authority may make application to the administrative authority,
				in writing, within 30 days after the occurrence of the alleged grievance or 30
				days after the promulgation of any directive, order, decision or other written
				decision or declaration of the administrative authority.
2. Applications to the administrative
				authority requesting a hearing shall be in writing and shall state the
				following information:
a. name and address of
				the applicant;
b. nature of the
				grievance; and
c. names and
				addresses of any interested parties, that is, parties who have a direct
				interest in the subject matter for which an application is filed.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 1 - General Provisions › Section XV-114 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. Should any
				section, paragraph, sentence, clause, or phrase of these regulations be
				declared unconstitutional or invalid for any reason, the remainder of said
				regulations shall not be affected thereby, and shall remain in full force and
				effect.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et
				  seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 1 - General Provisions › Section XV-115 - Communications

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				communications and reports concerning these regulations, and applications filed
				thereunder, should be addressed to the department at its offices located in
				Baton Rouge, Louisiana.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et
				  seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 1 - General Provisions › Section XV-116 - Public Participation in Licensing Actions

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition to other applicable
				requirements of these regulations, any application for a commercial radioactive
				waste disposal facility or for any facility involved with any phase of the
				nuclear fuel cycle must be processed in accordance with the following.
1. Filing of Application
a. A complete application as specified by the
				department and/or the administrative authority must be filed with appropriate
				fees, if required. Applications that lack necessary information for proper
				evaluation will be returned to the applicant within 60 days of receipt of
				application with a list of additional data required.
b. Applications that are deemed by the
				department to be complete will be accepted for review. The applicant will be
				notified of such acceptance for review within 60 days of receipt of the
				application.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 1 - General Provisions › Section XV-199 - Appendix A

Current through Register Vol. 50, No. 6, June 20, 2024
Appendix A Neutron Flux Dose Equivalents
Neutron Energy (MeV)
Number of Neutrons per Square Centimeter for a
							 Dose Equivalent of 1 Rem (neutrons/cm
2
) (10 millisieverts)
Average Flux Density to Deliver 100 millirem
							 (1 millisievert) in 40 Hours (neutrons/cm
2
per second)
Thermal
970 x 106
670
0.0001
720 x 106
500
0.005
820 x 106
570
0.02
400 x 106
280
0.1
120 x 106
80
0.5
43 x 106
30
1.0
26 x 106
18
2.5
29 x 106
20
5.0
26 x 106
18
7.5
24 x 106
17
10.0
24 x 106
17
10 to 30
14 x 106
10
AUTHORITY NOTE:
				  Promulgated in accordance with R. S. 30:2001 et
				  seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 2 - Registration of Radiation Machines and Facilities › Section XV-201 - Purpose and Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				provides for the registration of radiation machines and facilities and for the
				registration of persons providing radiation machine installation, servicing,
				and/or services.
B. In addition to
				the requirements of this Chapter, all registrants are subject to the applicable
				provisions of LAC 33:XV.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et
				  seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 2 - Registration of Radiation Machines and Facilities › Section XV-202 - Definition

Current through Register Vol. 50, No. 6, June 20, 2024
A. For purposes of
				this Chapter the following definition applies.
Facility
- the location at which one or more
				  radiation devices or sources are installed and/or located within one building,
				  vehicle, or under one roof and are under the same administrative
				  control.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et
				  seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 2 - Registration of Radiation Machines and Facilities › Section XV-203 - Exemptions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Electronic
				equipment that produces radiation incidental to its operation for other
				purposes is exempt from the registration and notification requirements of this
				Chapter, providing the dose equivalent rate, averaged over an area of 10 square
				centimeters, does not exceed 0.5 mRem (5[MICRO]Sv) per hour at 5.0 centimeters
				from any accessible surface of such equipment, as per
				21 CFR
				1020.10(c)(2). The
				production, testing, or factory servicing of such equipment shall not be
				exempt.
B. Radiation machines,
				while in transit or storage incident thereto, are exempt from the requirements
				of this Chapter.
C. Domestic
				television receivers, electron beam welders, computer monitors, domestic
				microwaves, and electron microscopes are exempt from the requirements of this
				Chapter.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et
				  seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 2 - Registration of Radiation Machines and Facilities › Section XV-204 - Application for Registration of Radiation Machines and Facilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each person
				having a radiation machine or facility not presently registered shall do the
				following:
1. apply for registration of such
				facility and each radiation machine with the Office of Environmental Compliance
				prior to the operation of a radiation machine facility. Application for
				registration shall be completed on Form DRC-6 furnished by the department upon
				request in writing and shall contain all the information required by the form
				and accompanying instructions. The registration of the first radiation
				producing machine at a facility constitutes registration of the facility
				itself;
2. designate on the
				application form an individual who shall be responsible for radiation
				protection; and
3. each registrant
				shall prohibit any person from furnishing radiation machine servicing or
				services as described in LAC 33:XV.205.A to his or her radiation machine
				facility until such person provides satisfactory evidence that he or she has
				been registered with the department as a provider of services in accordance
				with LAC 33:XV.205.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 2 - Registration of Radiation Machines and Facilities › Section XV-205 - Application for Registration of Servicing and Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each person who is engaged in the business
				of installing or offering to install radiation machines or is engaged in the
				business of furnishing or offering to furnish radiation machine servicing or
				services in this state shall apply for registration of such services with the
				Office of Environmental Compliance within 30 days after the effective date of
				this Chapter or thereafter prior to furnishing or offering to furnish any such
				services.
B. Application for
				registration shall be completed on Form DRC-22 furnished by the Office of
				Environmental Compliance upon request in writing and shall contain all
				information required by the form and accompanying instructions.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et
				  seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 2 - Registration of Radiation Machines and Facilities › Section XV-206 - Issuance of Registration Certificate

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon a determination that an applicant
				meets the requirements of LAC 33:XV, the administrative authority shall issue a
				"Registration Certificate for Non-Licensed Sources of Radiation."
B. The department may incorporate in the
				registration certificate, at the time of the issuance or thereafter by
				appropriate rule, regulation, or order, such additional requirements,
				affirmative obligations, and conditions with respect to the registrant's
				receipt, possession, use, and transfer of sources of radiation as it deems
				appropriate or necessary.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et
				  seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 2 - Registration of Radiation Machines and Facilities › Section XV-207 - Expiration of Registration Certificate

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as provided by LAC 33:XV.208.B,
				each registration certificate shall expire at the end of 60 days after
				notification of expiration by the department.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et
				  seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 2 - Registration of Radiation Machines and Facilities › Section XV-208 - Renewal of Registration Certificate

Current through Register Vol. 50, No. 6, June 20, 2024
A. Application for renewal of registration
				shall be filed in accordance with LAC 33:XV.204.
B. In any case in which a registrant, not
				less than 30 days prior to the expiration of his or her existing registration
				certificate, has filed Form DRC-6 application in proper form for renewal, such
				existing registration certificate shall not expire until the application status
				has been finally determined by the department.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et
				  seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 2 - Registration of Radiation Machines and Facilities › Section XV-209 - Report of Changes

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				registrant shall notify the Office of Environmental Compliance in writing
				before making any change that would render the information contained in the
				application for registration and/or registration certificate no longer
				accurate.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et
				  seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 2 - Registration of Radiation Machines and Facilities › Section XV-210 - Approval Not Implied

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person,
				in any advertisement, shall refer to the fact that a facility or machine is
				registered with the department pursuant to the provisions of LAC 33:XV.204, and
				no person shall state or imply that any activity under such registration has
				been approved by the department.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et
				  seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 2 - Registration of Radiation Machines and Facilities › Section XV-211 - Assembler and/or Transferor Obligation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person who sells, leases, transfers,
				lends, disposes, assembles, or installs radiation machines in this state shall
				notify the Office of Environmental Compliance at 15-day intervals of:
1. the name and address of persons who have
				received these machines;
2. the
				manufacturer, model, and serial number of each radiation machine transferred;
				and
3. the date of transfer of each
				radiation machine.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 2 - Registration of Radiation Machines and Facilities › Section XV-212 - Reciprocal Recognition of Out-of-State Radiation Machines

Current through Register Vol. 50, No. 6, June 20, 2024
A. Temporary Use. Whenever any radiation
				machine is to be brought into Louisiana for any temporary use:
1. the person proposing to bring such machine
				into the state shall give written notice to the Office of Environmental
				Compliance at least three working days before such machine is to be used in the
				state. Additional requirements for work involving industrial radiography at
				temporary job sites may be found in LAC 33:XV.Chapter 5. The notice shall
				include:
a. the type of radiation
				machine;
b. the nature, duration,
				and scope of use; and
c. the exact
				location(s) where the radiation machine is to be used;
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 2 - Registration of Radiation Machines and Facilities › Section XV-213 - Modification, Revocation, and Termination of Registration Certificate

Current through Register Vol. 50, No. 6, June 20, 2024
A. The terms and
				conditions of any registration certificate shall be subject to amendment,
				revision, or modification, or the registration certificate may be suspended or
				revoked by reason of amendments to the act or by reason of rules, regulations,
				and orders issued by the administrative authority.
B. Any registration certificate 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 the act or because of conditions revealed by such application or statement
				of fact or any report, record, or inspection or other means that would warrant
				the administrative authority to refuse to grant a registration certificate on
				an original application, or for violation of, or failure to observe any of, the
				terms and conditions of the act or of the registration certificate or of any
				rule, regulation, or order of the administrative authority, including failure
				to pay assessed fees. Whether a false statement is material shall be determined
				by the administrative authority.
C.
				Except in cases of willfulness or those in which the public welfare, interest,
				or safety requires otherwise, no registration certificate shall be modified,
				suspended, or revoked unless, prior to the institution of proceedings thereof,
				facts or conduct that may warrant such action shall have been called to the
				attention of the registrant in writing, and the registrant shall have been
				accorded an opportunity to demonstrate or achieve compliance with all lawful
				requirements.
D. The department
				will terminate a registration certificate upon written request by the
				registrant, provided the registrant no longer possesses the registered device
				or provided the registrant has rendered the unit permanently incapable of
				producing radiation. The registrant shall notify the Office of Environmental
				Compliance within 60 days of the final disposition of the X-ray
				machine.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et
				  seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 3 - Licensing of Byproduct Material › Section XV-301 - Purpose and Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter and
				Chapters 7, 13, and 15 provide for the licensing of radioactive material. No
				person shall manufacture, produce, receive, possess, use, transfer, own, or
				acquire byproduct material except as authorized in a specific or general
				license issued pursuant to this Chapter or as otherwise provided in these
				regulations.
B. In addition to the
				requirements of this Chapter, all licenses are subject to the requirements of
				Chapters 1, 4, 10, and 15. Licensees engaged in industrial radiographic
				operations are subject to the requirements of Chapter 5 and licensees using
				radionuclides in the healing arts are subject to the requirements of Chapter 7.
				Licensees with analytical X-ray equipment or particle accelerators may also be
				subject to the requirements of Chapters 8 and 9, respectively, and licensees
				engaged in wireline and subsurface tracer studies are subject to the
				requirements of Chapter 20. Licensees engaged with Naturally Occurring
				Radioactive Materials (NORM) may also be subject to the requirements of Chapter
				14.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et seq., and
				  2104(B)1.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 3 - Licensing of Byproduct Material › Section XV-302 - Deliberate Misconduct

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				licensee, certificate of registration holder, applicant for a license or
				certificate of registration, employee of a licensee, certificate of
				registration holder, or applicant; or any contractor (including a supplier or
				consultant), subcontractor, employee of a contractor or subcontractor of any
				licensee or certificate of registration holder or applicant for a license or
				certificate of registration, who knowingly provides to any licensee, applicant,
				certificate holder, contractor, or subcontractor, any components, equipment,
				materials, or other goods or services that relate to a licensee's, certificate
				holder's, or applicant's activities in this Section, may not:
1. engage in deliberate misconduct that
				causes or would have caused, if not detected, a licensee, certificate of
				registration holder, or applicant to be in violation of any rule, regulation,
				or order; or any term, condition, or limitation of any license issued by the
				department; or
2. deliberately
				submit to the department, a licensee, a certificate of registration holder, an
				applicant, or a licensee's, certificate holder's, or applicant's contractor or
				subcontractor, information that the person submitting the information knows to
				be incomplete or inaccurate in some respect.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 3 - Licensing of Byproduct Material › Subchapter A - Exemptions › Section XV-303 - Unimportant Quantities of Source Material

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person is exempt from these
				  regulations 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 0.05 percent of the
				  mixture, compound, solution, or alloy.
B. Any person is exempt from this Chapter to
				  the extent that such person receives, possesses, uses, or transfers unrefined
				  and unprocessed ore containing source material, provided that, except as
				  authorized in a specific license, such person shall not refine or process such
				  ore.
C. Any person is exempt from
				  the requirements for a license and from the regulations set forth in this
				  Chapter to the extent that such person receives, possesses, uses, or transfers
				  the following.
1. Any quantities of thorium
				  contained in:
a. incandescent gas
				  mantles;
b. vacuum tubes;
c. welding rods;
d. electric lamps for illuminating purposes,
				  provided that no lamp contains more than 50 milligrams of thorium;
e. germicidal lamps, sunlamps, and lamps for
				  outdoor or industrial lighting, provided that no lamp contains more than 2
				  grams of thorium;
f. rare earth
				  metals and compounds, mixtures, and products containing not more than 0.25
				  percent by weight of thorium, uranium, or any combination of these;
				  or
g. personnel neutron dosimeters,
				  provided that each dosimeter does not contain more than 50 milligrams of
				  thorium.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 3 - Licensing of Byproduct Material › Subchapter A - Exemptions › Section XV-304 - Radioactive Material Other Than Source Material

Current through Register Vol. 50, No. 6, June 20, 2024
A. Exempt Concentrations
1. Except as provided in Paragraphs A.3 and 4
				  of this Section, any person is exempt from this Chapter to the extent that such
				  person receives, possesses, uses, transfers, owns, or acquires products or
				  materials containing radioactive material in concentrations not in excess of
				  those listed in schedule A of this Chapter.
2. This Section shall not be deemed to
				  authorize the import of byproduct material or products containing byproduct
				  material.
3. A manufacturer,
				  processor, or producer of a product or material is exempt from the requirements
				  for a license set forth in these regulations to the extent that this person
				  transfers byproduct material contained in a product or material in
				  concentrations not in excess of those specified in schedule A of this Chapter
				  and introduced into the product or material by a licensee holding a specific
				  license issued pursuant to
				  10
				  CFR 32.11 expressly authorizing such
				  introduction. This exemption does not apply to the transfer of byproduct
				  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.
4. No person may introduce
				  byproduct material into a product or material, knowing or having reason to
				  believe that it will be transferred to persons exempt under LAC 33:XV.304.A.l
				  or equivalent regulations of any agreement state, except in accordance with a
				  specific license issued pursuant to
10CFR32 .il
.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 3 - Licensing of Byproduct Material › Subchapter B - Licenses › Section XV-320 - Types of Licenses

Current through Register Vol. 50, No. 6, June 20, 2024
A. Licenses for
				  radioactive materials are of two types: general and specific.
1. General licenses provided in this Chapter
				  are effective without the filing of application with the Office of
				  Environmental Compliance or the issuance of licensing documents to the
				  particular persons, although the filing of certain information with the Office
				  of Environmental Compliance may be required by the particular general license.
				  The general licensee is subject to all other applicable portions of these
				  regulations and to any limitations of the general license.
2. Specific licenses require the submission
				  of an application to the Office of Environmental Compliance and the issuance of
				  a licensing document by the administrative authority. The licensee is subject
				  to all applicable portions of these regulations as well as to any limitations
				  specified in the licensing document. The licensee shall notify the Office of
				  Environmental Compliance in writing before making any change that would render
				  the information contained in the application for license no longer
				  accurate.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 3 - Licensing of Byproduct Material › Subchapter C - General Licenses › Section XV-321 - General Licenses: Source Material

Current through Register Vol. 50, No. 6, June 20, 2024
A. A general license is hereby issued
				  authorizing commercial and industrial firms; research, educational, and medical
				  institutions; and federal, 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, operational, or commercial 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 shall be
				  accounted for as a dispersible form. A person authorized to possess, use, and
				  transfer source material under this paragraph may not receive more than a total
				  of 7 kg (15.4 lb) of uranium and thorium in any one calendar year. Persons
				  possessing source material in excess of these limits as of August 27, 2013, may
				  continue to possess up to 7 kg (15.4 lb) of uranium and thorium at any one time
				  for one year beyond this date, or until the department takes final action on a
				  pending application submitted on or before August 27, 2014, for a specific
				  license for such material; and receive up to 70 kg (154 lb) of uranium or
				  thorium in any one calendar year until December 31, 2014, or until the
				  department takes final action on a pending application submitted on or before
				  August 27, 2014, for a specific license for such material; 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 this Paragraph may not receive more than a total
				  of 70 kg (154 lb) of uranium and thorium in any one calendar year. A person may
				  not alter the chemical or physical form of the source material possessed under
				  this Paragraph unless it is accounted for under the limits of Paragraph A. 1 of
				  this Section; 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 this Paragraph; 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
				  this Paragraph may not receive more than a total of 70 kg (154 lb) of source
				  material in any one calendar year.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 3 - Licensing of Byproduct Material › Subchapter C - General Licenses › Section XV-322 - General Licenses: Radioactive Material Other Than Source Material

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Reserved.
B. Antiquities,
				  Timepieces, and Luminous Devices
1. A general
				  license is hereby issued to any person to acquire, receive, possess, use, or
				  transfer, in accordance with the provisions of Paragraphs B.l -4 of this
				  Section, radium-226 contained in the following products manufactured prior to
				  November 30, 2007:
a. Antiquities Originally
				  Intended for Use by the General Public. For the purposes of this Paragraph,
				  antiquities are products originally intended for use by the general public and
				  distributed in the late nineteenth and twentieth centuries, (e.g., radium
				  emanator jars, revigators, radium water jars, radon generators, refrigerator
				  cards, radium bath salts, and healing pads);
b. intact timepieces containing greater than
				  0.037 megabecquerel (1 microcurie), nonintact timepieces, and timepiece hands
				  and dials no longer installed in timepieces;
c. luminous items installed in air, marine,
				  or land vehicles;
d. all other
				  luminous products, provided that no more than 100 items are used or stored at
				  the same location at any one time; and
e. small radium sources containing no more
				  than 0.037 megabecquerel (1 microcurie) of radium-226. [For the purposes of
				  this Paragraph, small radium sources are: discrete survey instrument check
				  sources, sources contained in radiation measuring instruments, sources used in
				  educational demonstrations (e.g., cloud chambers and spinthariscopes), electron
				  tubes, lightning rods, ionization sources, static eliminators, or as designated
				  by the NRC]
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XV - Radiation Protection › Chapter 3 - Licensing of Byproduct Material › Subchapter D - Specific Licenses › Section XV-324 - Filing Application for Specific Licenses

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applications for specific licenses shall
				  be filed on a form prescribed by the Office of Environmental Compliance or in
				  any other manner specified by the department.
B. 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.
C. Each
				  application shall be signed by the applicant or licensee or by 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.
1. An application from a medical facility,
				  educational institution, or a federal facility to produce positron emission
				  tomography (PET) radioactive drugs for noncommercial transfer to licensees in
				  its consortium authorized for medical use under Chapter 7 or the equivalent
				  regulations in  10 CFR 35  of the U.S. Nuclear Regulatory Commission requirements
				  shall include:
a. a request authorizing the
				  production of PET radionuclides, or evidence of an existing license issued
				  under LAC 33:XV.324 or  10 CFR 30  of the U.S. Nuclear Regulatory Commission
				  requirements for a PET radionuclide production facility within its consortium
				  from which it receives PET radionuclides;
b. evidence that the applicant is qualified
				  to produce radioactive drugs for medical use by meeting one of the criteria in
				  LAC 33:XV.328.J or
				  10
				  CFR 32.72(a)(2);
c. identification of the 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 LAC 33:XV.763.K or
				  10
				  CFR 32.72(b)(2);
				  and
d. information on the PET drugs
				  to be noncommercially transferred to members of its consortium, including the
				  radionuclide; the chemical and physical form; the maximum activity per vial,
				  syringe, generator, or other container of the radioactive drug; and the
				  shielding provided by the packaging to show it is appropriate for the safe
				  handling and the storage of the radioactive drugs by medical use
				  licensees.