Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 215 - GENERAL PROVISIONS › GENERAL PROVISIONS › Section 215.1 - Purpose and scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
						article establishes requirements for the protection of public health and safety
						as related to radiation sources and implements the requirements of the
						act.
(b) This article, except as
						otherwise specifically provided in the act, applies to persons who use,
						manufacture, produce, transport, transfer, receive, acquire, possess, own or
						dispose of a radiation source.
(c)
						A person who, when required, fails to register or obtain a license for
						radiation sources in the possession or control of the person, shall comply with
						the act or with this article.
(d)
						This article does not apply to the extent the person is subject to regulation
						by the NRC.
(e) Title 10 Chapter I
						(Nuclear Regulatory Commission) Parts 19, 20, 30, 31, 32, 33, 34, 35, 36, 37,
						39, 40, 70, 71 and §§
												150.1,
						150.2,
						150.3,
						150.11 and
						150.20 of the CFR are incorporated
						by reference with the exceptions set forth in paragraphs (1)-(14).
						Notwithstanding the requirements incorporated by reference, nothing in this
						article relieves or limits a person from complying with the laws of the
						Commonwealth, including the act and the Low-Level Radioactive Waste Disposal
						Act (35 P.S. §§
													7130.101-7130.905).
(1) Sections 19.4, 19.5, 19.8, 19.30 and
						19.40 are not incorporated.
(2)
						Sections 20.1006, 20.1009, 20.2206(a)(1), (3), (4) and (5), 20.2401 and 20.2402
						are not incorporated.
(3) Sections
						30.5,
						30.6,
						30.8,
						30.21(c),
						30.34(d) and (e)(1) and
						(3),
						30.41(b)(6),
						30.55, 30.63 and 30.64 are not incorporated. Paragraph 2 of the definition of
						"commencement of construction" and paragraph 9(ii) of the definition of
						"construction" in section 30.4 are not incorporated.
(4) Sections 31.4 and 31.14 are not
						incorporated.
(5) Sections
						32.1(c)(1), 32.8, 32.14, 32.15, 32.16, 32.18, 32.19, 32.20, 32.21, 32.22,
						32.23, 32.25, 32.26, 32.27, 32.28, 32.29, 32.30, 32.31, 32.32 and 32.40 are not
						incorporated.
(6) Sections 33.8,
						33.21 and 33.23 are not incorporated.
(7) Sections 34.5, 34.8, 34.121 and 34.123
						are not incorporated.
(8) Sections
						35.8, 35.4001 and 35.4002 are not incorporated.
(9) Sections
						36.5,
						36.8,
						36.91 and
						36.93 are not incorporated.
						Paragraph 2 of the definition of "commencement of construction" and paragraph
						9(ii) of the definition of "construction" in section 36.2 are not
						incorporated.
(10) Sections
						37.3(b)(2), 37.13, 37.73(d) and (e), 37.107 and 37.109 are not
						incorporated.
(11) Sections 39.5,
						39.8, 39.101 and 39.103 are not incorporated.
(12) Sections
						40.6,
						40.8,
						40.12(b),
						40.13(c)(5)(iv),
						40.23,
						40.27,
						40.28,
						40.31(k) and (i),
						40.32(d), (e) and
						(g),
						40.33, 40.38, 40.41(d), (e)(1) and
						(3) and (g), 40.51(b)(6), 40.52, 40.53, 40.64, 40.66, 40.67, 40.81, 40.82 and
						10 CFR Part 40 Appendix A Criterion 11 A-F and Criterion 12 are not
						incorporated. Paragraph 2 of the definition of "commencement of construction"
						and paragraph 9(ii) of the definition of "construction" in section 40.4 are not
						incorporated.
(13) Sections
						70.1(c), (d) and
						(e),
						70.5,
						70.6,
						70.8,
						70.13,
						70.13a,
						70.20a,
						70.20b, 70.21(a)(1), (c), (f), (g)
						and (h), 70.22(b), (c), (f), (g), (h), (i), (j), (k), (l), (m) and (n),
						70.23(a)(6), (7), (8), (9), (10), (11) and (12) and (b), 70.23a, 70.24,
						70.25(a), 70.31(c), (d) and (e), 70.32(a)(1), (4), (5), (6) and (7),
						70.32(b)(1), (3) and (4), (c), (d), (e), (f), (g), (h), (i), (j) and (k),
						70.37, 70.40, 70.42(b)(6), 70.44, 70.51(c), (d) and (e), 70.52, 70.53, 70.54,
						70.55(c)(1), (2) and (3), 70.56(c) and (d), 70.57, 70.58, 70.59, 70.62, 70.71,
						70.72, 70.74, and 10 CFR Part 70 Appendix A are not incorporated. Paragraph 2
						of the definition of "commencement of construction" and paragraph 9(ii) of the
						definition of "construction" in section 70.4 are not incorporated.
(14) Sections
						71.2,
						71.6,
						71.14(b),
						71.19, 71.31, 71.33, 71.35, 71.37,
						71.38, 71.39, 71.41, 71.43, 71.45, 71.51, 71.55, 71.59, 71.61, 71.63, 71.64,
						71.65, 71.71, 71.73, 71.74, 71.75, 71.77, 71.99, 71.100, 71.101 (c)(2), (d) and
						(e), 71.107, 71.109, 71.111, 71.113, 71.115, 71.117, 71.119, 71.121, 71.123 and
						71.125 are not incorporated. The definitions of "certificate holder" and
						"certificate of compliance (CoC)" in section
						71.4 are not incorporated. The
						term "applicant" when used in 10 CFR Part 71 is not
						incorporated.