North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .0300 - LICENSING OF RADIOACTIVE MATERIAL › Section 15 .0309 - DOMESTIC LICENSING OF SOURCE MATERIAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Persons
				using source material and byproduct material as defined in this Rule shall
				comply with the provisions of 10 CFR 40, which are hereby incorporated by
				reference including subsequent amendments and editions, except that references
				to importation and exportation of radioactive material and references to and
				requirements of 10 CFR
				70.22(b), (c), (f) - (n),
				and 10 CFR 110 shall not apply, as follows:
(1)
										10 CFR
				40.1, "Purpose;"
(2)
										10 CFR
				40.2, "Scope;"
(3)
										10 CFR
				40.2a, "Coverage of inactive tailings
				sites;"
(4)
										10 CFR
				40.3, "Licensing requirements;"
(5)
										10 CFR
				40.4, "Definitions," except that the
				definition of "foreign obligations," "reconciliation," and references in the
				definitions to common defense and security shall not apply;
(6)
										10 CFR
				40.5, "Communications," except that notices
				and reports shall be made to the agency at the address shown in Rule .0111 of
				this Chapter unless directed otherwise by the agency or specified otherwise in
				this Rule, in lieu of the United States Nuclear Regulatory Commission
				(NRC);
(7)
										10 CFR
				40.9, "Completeness and accuracy of
				information;"
(8)
										10 CFR
				40.10, "Deliberate misconduct;"
(9)
										10 CFR
				40.11, "Persons using source material under
				certain Department of Energy and Nuclear Regulatory Commission
				contracts;"
(10)
										10 CFR
				40.12(a),
				"Carriers;"
(11)
										10 CFR
				40.13, "Unimportant quantities of source
				material," except 10 CFR
				40.13(c)(5)(iv);
(12)
										10 CFR
				40.14, "Specific Exemptions;"
(13)
										10 CFR
				40.20, "Types of licenses;"
(14)
										10 CFR
				40.21, "General license to receive title to
				source or byproduct material;"
(15)
										10 CFR
				40.22, "Small quantities of source
				material;"
(16)
										10 CFR
				40.25, "General license for use of certain
				industrial products or devices;"
(17)
										10 CFR
				40.26, "General license for possession and
				storage of byproduct material as defined in this part;"
(18)
										10 CFR
				40.31(a), (b), (d), (f) -
				(i), "Application for specific licenses,"
				except that the requirements of Paragraph (b) of this Rule shall be met, and
				reports required by 10 CFR
				40.31(g) shall be submitted
				to the NRC in lieu of the agency. In the event an "environmental document," as
				defined by G.S. 113-9.(2), has been prepared in accordance with
				15A NCAC
				01C .0206, the agency may base the issuance
				of a specific license on information and evaluations made in that environmental
				document;
(19)
										10 CFR
				40.32, "General requirements for issuance of
				specific licenses," except that
				10 CFR
				40.32(d), (g), and
				references to and requirements for uranium enrichment and uranium hexafluoride
				facilities shall not apply. In the event an "environmental document," as
				defined by
				G.S.
				113A-9.(2), has been prepared in accordance
				with 15A
				NCAC 01C .0206, the agency may base the
				issuance of a specific license on information and evaluations made in that
				environmental document;
(20)
										10 CFR
				40.34, "Special requirements for issuance of
				specific licenses;"
(21)
										10 CFR
				40.35, "Conditions of specific licenses
				issued pursuant to 10 CFR
				40.34;"
(22)
										10 CFR
				40.36, "Financial assurance and recordkeeping
				for decommissioning," the initials "DCE" shall mean "detailed cost
				estimate;"
(23)
										10 CFR
				40.41(a) - (c), (e)(2), (e)(4),
				(f), "Terms and conditions of
				licenses;"
(24)
										10 CFR
				40.42, "Expiration and termination of
				licenses and decommissioning of sites and separate buildings or outdoor
				areas;"
(25)
										10 CFR
				40.43, "Renewal of licenses;"
(26)
										10 CFR
				40.44, "Amendment of licenses at request of
				licensee;"
(27)
										10 CFR
				40.45, "Commission action on application to
				renew or amend;"
(28)
										10 CFR
				40.46, "Inalienability of
				licenses;"
(29)
										10 CFR
				40.51(a), (b)(1) - (b)(5), (b)(7), (c),
				(d), "Transfer of source or byproduct
				material;"
(30)
										10 CFR
				40.54, "Requirements for license to initially
				transfer source material for use under the 'small quantities of source
				material' general license;"
(31)
										10 CFR
				40.55, "Conditions of licenses to initially
				transfer source material for use under the 'small quantities of source
				material' general license: Quality control, labeling, safety instructions, and
				records and reports;"
(32)
										10 CFR
				40.60, "Reporting requirements;"
(33)
										10 CFR
				40.61, "Records;"
(34)
										10 CFR
				40.62, "Inspections;"
(35)
										10 CFR
				40.63, "Tests;"
(36)
										10 CFR
				40.65, "Effluent monitoring reporting
				requirements;"
(37)
										10 CFR
				40.71, "Modification and revocation of
				licenses," and
(38) Appendix A to
				Part 40, "Criteria Relating to the Operation of Uranium Mills and the
				Disposition of Tailings or Wastes Produced by the Extraction or Concentration
				of Source Material From Ores Processed Primarily for Their Source Material
				Content," except Criterion 11A - F and 12 shall not apply.