reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-62 - Air Pollution Control Regulations and Standards › Subchapter 61-62.96 - Nitrogen Oxides (NO[x]) and Sulfur Dioxide (SO[2]) Budget Trading Program › Subpart B - NOx Authorized Account Representative for NOx Budget Sources › Section 61-62.B.96.13 - Account certificate of representation

Current through Register Vol. 48, No. 6, June 28, 2024
(a) A complete account certificate of
				  representation for a NOX authorized account
				  representative or an alternate NOX authorized account
				  representative shall include the following elements in a format prescribed by
				  the EPA:
(1) Identification of the
				  NOX Budget source and each NOX
				  Budget unit at the source for which the account certificate of representation
				  is submitted.
(2) The name,
				  address, e-mail address (if any), telephone number, and facsimile transmission
				  number (if any) of the NOX authorized account
				  representative and any alternate NOX authorized account
				  representative.
(3) A list of the
				  owners and operators of the NOX Budget source and of
				  each NOX Budget unit at the source.
(4) The following certification statement by
				  the NOX authorized account representative and any
				  alternate NOX authorized account representative: I
				  certify that I was selected as the NOX authorized
				  account representative or alternate NOX authorized
				  account representative, as applicable, by an agreement binding on the owners
				  and operators of the NOX Budget source and each
				  NOX Budget unit at the source. I certify that I have all
				  the necessary authority to carry out my duties and responsibilities under the
				  NOX Budget Program on behalf of the owners and operators
				  of the NOX Budget source and of each
				  NOX Budget unit at the source and that each such owner
				  and operator shall be fully bound by my representations, actions, inactions, or
				  submissions and by any decision or order issued to me by the Department, the
				  EPA, or a court regarding the source or unit.
(5) The signature of the
				  NOX authorized account representative and any alternate
				  NOX authorized account representative and the dates
				  signed.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-62 - Air Pollution Control Regulations and Standards › Subchapter 61-62.96 - Nitrogen Oxides (NO[x]) and Sulfur Dioxide (SO[2]) Budget Trading Program › Subpart B - NOx Authorized Account Representative for NOx Budget Sources › Section 61-62.B.96.14 - Objections concerning the NO X authorized account representative

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Once a complete
				  account certificate of representation under Section 96.13 has been submitted
				  and received, the Department and the EPA will rely on the account certificate
				  of representation unless and until a superseding complete account certificate
				  of representation under Section 96.13 is received by the EPA.
(b) Except as provided in Section
				  96.12(a) or
				  (b), no objection or other communication
				  submitted to the Department or the EPA concerning the authorization, or any
				  representation, action, inaction, or submission of the
				  NOX authorized account representative shall affect any
				  representation, action, inaction, or submission of the
				  NOX authorized account representative or the finality of
				  any decision or order by the Department or the EPA under the
				  NOX Budget Program.
(c) Neither the Department nor the EPA will
				  adjudicate any private legal dispute concerning the authorization or any
				  representation, action, inaction, or submission of any
				  NOX authorized account representative.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-62 - Air Pollution Control Regulations and Standards › Subchapter 61-62.96 - Nitrogen Oxides (NO[x]) and Sulfur Dioxide (SO[2]) Budget Trading Program › Subpart C - Reserved

Current through Register Vol. 48, No. 6, June 28, 2024
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-62 - Air Pollution Control Regulations and Standards › Subchapter 61-62.96 - Nitrogen Oxides (NO[x]) and Sulfur Dioxide (SO[2]) Budget Trading Program › Subpart D - Reserved

Current through Register Vol. 48, No. 6, June 28, 2024
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-62 - Air Pollution Control Regulations and Standards › Subchapter 61-62.96 - Nitrogen Oxides (NO[x]) and Sulfur Dioxide (SO[2]) Budget Trading Program › Subpart E - South Carolina NOx Ozone Season Budget › Section 61-62.E.96.40 - State NO X Budget

Current through Register Vol. 48, No. 6, June 28, 2024
For purposes of this regulation, for any control period,
					 the South Carolina NOX budgets are as follows:
(a) The NOX budget for
				  units specified in Section
				  96.4(a)(1) is
				  16,199 tons as approved at 67 FR 43546. The sum of the tons of
				  NOX emitted from all such units in each control period
				  beginning after the effective date of this rule may not exceed this budget
				  amount.
(b) The
				  NOX budget for units specified in Section
				  96.4(a)(2) is
				  3,479 tons as approved at 67 FR 43546. The sum of the tons of
				  NOX emitted from all such units in each control period
				  beginning after the effective date of this rule may not exceed this budget
				  amount.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-62 - Air Pollution Control Regulations and Standards › Subchapter 61-62.96 - Nitrogen Oxides (NO[x]) and Sulfur Dioxide (SO[2]) Budget Trading Program › Subpart F - Reserved

Current through Register Vol. 48, No. 6, June 28, 2024
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-62 - Air Pollution Control Regulations and Standards › Subchapter 61-62.96 - Nitrogen Oxides (NO[x]) and Sulfur Dioxide (SO[2]) Budget Trading Program › Subpart G - Reserved

Current through Register Vol. 48, No. 6, June 28, 2024
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-62 - Air Pollution Control Regulations and Standards › Subchapter 61-62.96 - Nitrogen Oxides (NO[x]) and Sulfur Dioxide (SO[2]) Budget Trading Program › Subpart H - Monitoring and Reporting › Section 61-62.H.96.70 - General Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
The owners and operators, and to the extent applicable, the
					 NOX authorized account representative of a
					 NOX Budget unit, shall implement a monitoring and
					 reporting system necessary to attribute ozone season NOX
					 mass emissions to each unit in accordance with 40 CFR part 75, Subpart H ("Part
					 75"), except that a NOX budget unit that (i) is not
					 required by 40 CFR
					 51.121, Regulation 61-62.97, or other
					 regulation to comply with Part 75 and (ii) is subject to Subpart D or Subpart
					 Db of 40 CFR Part 60, may instead monitor and report NOX
					 mass emissions in accordance with 40 CFR Part 60, Subpart D or Subpart Db, as
					 applicable. NOX mass emissions measurements recorded and
					 reported in accordance with the above shall be used to determine compliance
					 with the NOX budgets set forth in Section 96.40 of this
					 regulation. For purposes of a source subject to the monitoring and reporting
					 provisions of Part 75, the definitions in Section 96.2 and in 40 CFR Part 72
					 Section 72.2 shall apply, and the terms affected unit, designated
					 representative, and continuous emission monitoring system (or CEMS) in 40 CFR
					 Part 75 shall be replaced by the terms NOX Budget unit,
					 NOX authorized account representative, and continuous
					 emission monitoring system (or CEMS), respectively, as defined in Section
					 96.2.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-62 - Air Pollution Control Regulations and Standards › Subchapter 61-62.96 - Nitrogen Oxides (NO[x]) and Sulfur Dioxide (SO[2]) Budget Trading Program › Subpart H - Monitoring and Reporting › Section 61-62.H.96.76 - Reserved

Current through Register Vol. 48, No. 6, June 28, 2024
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-62 - Air Pollution Control Regulations and Standards › Subchapter 61-62.96 - Nitrogen Oxides (NO[x]) and Sulfur Dioxide (SO[2]) Budget Trading Program › Subpart I - Reserved

Current through Register Vol. 48, No. 6, June 28, 2024
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-62 - Air Pollution Control Regulations and Standards › Subchapter 61-62.97 - Cross-State Air Pollution Rule (CSAPR) Trading Program › Subpart A - "South Carolina CSAPR NOX Annual Trading Program"

Current through Register Vol. 48, No. 6, June 28, 2024
1. Except as provided in paragraphs 2. and 3.
				of this subpart, the provisions of the July 1, 2016, edition of
				40 CFR
				97.402 through
				97.408,
				97.411 through
				97.418,
				97.420 through
				97.428, and
				97.430 through
				97.435, as subsequently amended
				upon publication in the Federal Register as listed below, are adopted and
				incorporated by reference as if fully repeated herein.
40 CFR Part 97 Subpart
								AAAAA
Federal Register Citation
Volume
Date
Notice
Revision
Vol. 81
October 26, 2016
[81 FR 74504]
Revision
Vol. 86
April 30, 2021
[86 FR 23054]
Revision
Vol. 87
August 26, 2022
[87 FR 52473]
2.
				The provisions of 40 CFR
				97.411(b)(2) and
				(c)(5)(iii),
				97.412(b), and
				97.421(h)
				and (j) are not adopted or incorporated by
				reference.
3. For purposes of this
				subpart, the provisions of 40 CFR 97.404(a)(1) and
				(b) that are otherwise adopted and
				incorporated by reference are modified by removing the phrase "The following
				units in a State (and Indian country within the borders of such State)" and
				adding in its place the phrase "The following units in South Carolina (but not
				in Indian country within South Carolina's borders)".
4. For purposes of this subpart, for the
				control periods in 2017 and thereafter, the South Carolina
				NOX Annual trading budget, new unit set-aside, and
				Indian country new unit-set aside for allocations of CSAPR
				NOX Annual allowances, and the variability limit for the
				South Carolina NOX Annual trading budget, are as
				follows:
a. The NOX
				Annual trading budget is 32,498 tons.
b. The new unit set-aside is 620
				tons.
c. The Indian country new
				unit set-aside is 33 tons.
d. The
				variability limit is 5,850 tons.
e.
				The South Carolina NOX Annual trading budget in this
				subpart includes any tons in the new unit set-aside or Indian country new unit
				set-aside but does not include any tons in the variability limit.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-62 - Air Pollution Control Regulations and Standards › Subchapter 61-62.97 - Cross-State Air Pollution Rule (CSAPR) Trading Program › Subpart B - "South Carolina CSAPR SO[2] Group 2 Trading Program"

Current through Register Vol. 48, No. 6, June 28, 2024
1. Except as provided in paragraphs 2. and 3.
				of this subpart, the provisions of the July 1, 2016, edition of
				40 CFR
				97.702 through
				97.708,
				97.711 through
				97.718,
				97.720 through
				97.728, and
				97.730 through
				97.735, as subsequently amended
				upon publication in the Federal Register as listed below, are adopted and
				incorporated by reference as if fully repeated herein.
40 CFR Part 97 Subpart
								DDDDD
Federal Register Citation
Volume
Date
Notice
Revision
Vol. 81
October 26, 2016
[81 FR 74504]
Revision
Vol. 86
April 30, 2021
[86 FR 23054]
Revision
Vol. 87
August 26, 2022
[87 FR 52473]
2.
				The provisions of 40 CFR
				97.711(b)(2) and
				(c)(5)(iii),
				97.712(b), and
				97.721(h)
				and (j) are not adopted or incorporated by
				reference.
3. For purposes of this
				subpart, the provisions of 40 CFR 97.704(a)(1) and
				(b) that are otherwise adopted and
				incorporated by reference are modified by removing the phrase "The following
				units in a State (and Indian country within the borders of such State)" and
				adding in its place the phrase "The following units in South Carolina (but not
				in Indian country within South Carolina's borders)".
4. For purposes of this subpart, for the
				control periods in 2017 and thereafter, the South Carolina
				SO2 Group 2 trading budget, new unit set-aside, and
				Indian country new unit-set aside for allocations of CSAPR
				SO2 Group 2 allowances, and the variability limit for
				the South Carolina SO2 Group 2 trading budget, are as
				follows:
a. The SO2
				Group 2 trading budget is 96,633 tons.
b. The new unit set-aside is 1,836
				tons.
c. The Indian country new
				unit set-aside is 97 tons.
d. The
				variability limit is 17,394 tons.
e. The South Carolina
				SO2 Group 2 trading budget in this subpart includes any
				tons in the new unit set-aside or Indian country new unit set-aside but does
				not include any tons in the variability limit.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-62 - Air Pollution Control Regulations and Standards › Subchapter 61-62.99 - NITROGEN OXIDES (NOX) BUDGET PROGRAM REQUIREMENTS FOR STATIONARY SOURCES NOT IN THE TRADING PROGRAM › Subpart B - EMISSIONS OF NITROGEN OXIDES FROM CEMENT MANUFACTURING › Section 61-62.99.B41 - Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
The requirements of this subpart apply only to kilns with
					 process rates of at least the following: long dry kilns--12 tons per hour
					 (TPH); long wet kilns--10 TPH; preheater kilns--16 TPH; precalciner and
					 preheater/precalciner kilns--22 TPH and/or have NOx
					 emissions greater than 1 ton per day.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-62 - Air Pollution Control Regulations and Standards › Subchapter 61-62.99 - NITROGEN OXIDES (NOX) BUDGET PROGRAM REQUIREMENTS FOR STATIONARY SOURCES NOT IN THE TRADING PROGRAM › Subpart B - EMISSIONS OF NITROGEN OXIDES FROM CEMENT MANUFACTURING › Section 61-62.99.B.42 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
(a) "Alternative
				  control technique" means a control technique that may include but not be
				  limited to the following:
(1) an add-on
				  control device that achieves the same reductions as
				  low-NOx burners or mid-kiln firing, or
(2) an operational control technique such as
				  NOx emission rates (which may be seasonal limitations
				  and may be facility-wide or unit specific), operational limits, or other means
				  of compliance as approved by the Department and EPA. Any owner or operator of a
				  unit subject to this rule that chooses to comply with this regulation through
				  the use of an operational control technique shall submit a compliance
				  monitoring plan for review and approval by the Department and EPA. Unless
				  otherwise authorized by the Department and EPA, this monitoring plan must
				  demonstrate that the operational control technique achieves at least a thirty
				  percent reduction in NOx emissions from uncontrolled
				  levels. The owner or operator may request that the Department and EPA approve a
				  rate of NOx emission reductions less than thirty
				  percent. If the Department and EPA concur that the proposed reduction rate is
				  appropriate, the Department and EPA may authorize a reduction rate lower than
				  thirty percent.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-62 - Air Pollution Control Regulations and Standards › Subchapter 61-62.99 - NITROGEN OXIDES (NOX) BUDGET PROGRAM REQUIREMENTS FOR STATIONARY SOURCES NOT IN THE TRADING PROGRAM › Subpart B - EMISSIONS OF NITROGEN OXIDES FROM CEMENT MANUFACTURING › Section 61-62.99.B.43 - Standard requirements

Current through Register Vol. 48, No. 6, June 28, 2024
(a) For
				  the control period that begins on May 31, 2004, an owner or operator of any
				  Portland cement kiln subject to this rule shall not operate the kiln during May
				  31 through September 30 unless the kiln has installed and operates during May
				  31 to September 30 with low-NOx burners, mid-kiln
				  firing, or alternative control techniques, as defined under Section99.42(a)(a).
				  In all subsequent control periods, an owner or operator of any Portland cement
				  kiln subject to this rule shall not operate the kiln during May 1 through
				  September 30 unless the kiln has installed and operates during May 1 to
				  September 30 with low-NOx burners, mid-kiln firing, or
				  alternative control techniques, as defined under Section99.42(a)(a).
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-62 - Air Pollution Control Regulations and Standards › Subchapter 61-62.99 - NITROGEN OXIDES (NOX) BUDGET PROGRAM REQUIREMENTS FOR STATIONARY SOURCES NOT IN THE TRADING PROGRAM › Subpart B - EMISSIONS OF NITROGEN OXIDES FROM CEMENT MANUFACTURING › Section 61-62.99.B.44 - Reporting, monitoring and recordkeeping

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Reporting requirements. Any owner or
				  operator subject to the requirements of Section99.43 shall comply with the
				  following requirements:
(1) By May 31, 2004,
				  submit to the Department the identification number and type of each unit
				  subject to the section, the name and address of the plant where the unit is
				  located, and the name and telephone number of the person responsible for
				  demonstrating compliance with the section.
(2) Submit a report to the Department by
				  October 31 of each year documenting for that unit the total
				  NOx emissions. For the control period that starts on May
				  31, 2004, the report shall document the total emissions from May 31 through
				  September 30. For all subsequent control periods, the report shall document the
				  total NOx emissions from May 1 through September
				  30.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-62 - Air Pollution Control Regulations and Standards › Subchapter 61-62.99 - NITROGEN OXIDES (NOX) BUDGET PROGRAM REQUIREMENTS FOR STATIONARY SOURCES NOT IN THE TRADING PROGRAM › Subpart B - EMISSIONS OF NITROGEN OXIDES FROM CEMENT MANUFACTURING › Section 61-62.99.B.45 - Exemptions

Current through Register Vol. 48, No. 6, June 28, 2024
The requirements of Section99.43, Section99.44, and
					 Section99.45 shall not apply to the following periods of operation:
(a) Start-up and shut-down periods and
				  periods of malfunction, not to exceed 36 consecutive hours;
(b) Regularly scheduled maintenance
				  activities.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part I - GENERAL PROVISIONS › Section 61-63.I.RHB 1.1 - Scope

Current through Register Vol. 48, No. 6, June 28, 2024
Except as otherwise specifically provided, these regulations apply
				  to all persons who receive, possess, use, transfer or acquire any radioactive
				  material; provided, however, that nothing in these regulations shall apply to any
				  person to the extent such person is subject to regulation by the United States
				  Nuclear Regulatory Commission. Nothing in Part III of these regulations shall be
				  interpreted as limiting the intentional exposure of patients to radiation for the
				  purpose of diagnostic or therapy by persons licensed to practice one or more of the
				  health professions within the authority granted to them by statute or regulation.
				  These regulations shall become effective January 1, 1994.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part I - GENERAL PROVISIONS › Section 61-63.I.RHB 1.2 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
As used in these regulations:
1.2.1 "Accelerator-produced material" means any
				material made radioactive by a particle accelerator.
1.2.2 "Act" means Act No. 223, Atomic Energy and
				Radiation Control Act enacted by the 1967 Session South Carolina Legislature.
				(Section
				13-7-40
				et. seq, 1976 S.C. Code of Law [as amended]).
1.2.3 "Agreement State" means any State with which
				the United States Nuclear Regulatory Commission has entered into an effective
				agreement under Section274b. of the Atomic Energy Act of 1954, as amended (73 Stat.
				689).
1.2.4 "Airborne radioactive
				material" means any radioactive material dispersed in the air in the form of dusts,
				fumes, particulates, mists, vapors or gases.
1.2.5 "Airborne radioactivity area" means a room,
				enclosure, or area in which airborne radioactive materials, composed wholly or
				partly of licensed material, exist in concentrations--
i) In excess of the derived air concentrations
				(DACs) specified in Appendix B, RHA 3.53, or ...
ii) To such a degree that an individual present in
				the area without respiratory protective equipment could exceed, during the hours an
				individual is present in a week, an intake of 0.6 percent of the annual limit on
				intake (ALI) or 12 DAC-hours.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part I - GENERAL PROVISIONS › Section 61-63.I.RHB 1.4 - Test and Surveys

Current through Register Vol. 48, No. 6, June 28, 2024
1.4.1 For the purposes
				of this part, activity is expressed in the special unit of curies (Ci) or in the SI
				unit of becquerels (Bq), or their multiples, or disintegrations (transformations)
				per unit of time.
1.4.1.1 One becquerel = 1
				disintegration per second (s-1).
1.4.1.2 One curie = 3.7 X
				1010 disintegrations per second = 3.7 X
				1010 becquerels =2.22 X 1012
				disintegrations per minute. Commonly used submultiples of the curie are the
				millicurie (mCi) and the microcurie (uCi). One mCi = .001 curie (Ci) = 3.7 X
				107 dps or 2.22 X 109 dpm. One
				uCi = .000001 Ci = 2.22 X 106 dpm.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part I - GENERAL PROVISIONS › Section 61-63.I.RHB 1.5 - Records

Current through Register Vol. 48, No. 6, June 28, 2024
1.5.1 Each licensee shall keep records showing the
				receipt, transfer, and disposal of all sources of radiation and any other records as
				specifically required by these regulations.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part I - GENERAL PROVISIONS › Section 61-63.I.RHB 1.6 - Inspections

Current through Register Vol. 48, No. 6, June 28, 2024
1.6.1 Each licensee shall afford, at all
				reasonable times, the Department or its duly authorized representative, the
				opportunity to inspect sources of radiation and the premises and installations
				wherein such sources of radiation are used or stored.
1.6.2 Each licensee shall make available for
				inspection, to the Department, or its duly authorized representative, records
				maintained pursuant to these regulations.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part I - GENERAL PROVISIONS › Section 61-63.I.RHB 1.7 - Violations

Current through Register Vol. 48, No. 6, June 28, 2024
1.7.1 Each licensee shall make or cause to be made
				such surveys as are necessary for him to comply with these regulations.
1.7.2 Each licensee shall perform, upon
				instruction from the Department, or shall permit the Department to perform such
				reasonable tests as the Department deems appropriate and necessary including, but
				not limited to tests of:
Sources of radiation;
Location wherein sources of radiation are used or stored;
Radiation detection and monitoring instruments;
Other equipment and devices used in connection with utilization or
				  storage of licensed sources of radiation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part I - GENERAL PROVISIONS › Section 61-63.I.RHB 1.8 - Enforcement

Current through Register Vol. 48, No. 6, June 28, 2024
1.8.1 Sources of radioactive material shall be
				subject to impounding pursuant to the Act.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part I - GENERAL PROVISIONS › Section 61-63.I.RHB 1.9 - Impounding

Current through Register Vol. 48, No. 6, June 28, 2024
The following are exempt from the provisions of Part II, Licensing
				  of Radioactive Materials:
1.9.1 Carriers.
				Common and contract carriers, freight forwarders and warehousemen operating within
				this State are exempt from these regulations to the extent that they transport or
				store sources of radiation in the regular course of their carriage for another or
				storage incident thereto.
1.9.2 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 the state is exempt from these regulations to the extent
				that such contractor or subcontractor under his contract receives, possesses, uses,
				transfers, or acquires sources of radiation:
1.9.2.1 Prime contractors performing work for the
				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;
1.9.2.2 Prime contractors of the Department of
				Energy performing research in, or development, manufacture, storage, testing, or
				transportation of, atomic weapons or components thereof;
1.9.2.3 Prime contractors of the Department of
				Energy using or operating nuclear reactors or other nuclear devices in a United
				States Government-owned vehicle or vessel; and
1.9.2.4 Any other prime contractor or
				subcontractor of the Department of Energy or of the Nuclear Regulatory Commission
				when the State and the Nuclear Regulatory Commission jointly determine:
1.9.2.4.1 that the exemption of the prime
				contractor or subcontractor is authorized by law, and
1.9.2.4.2 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.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part I - GENERAL PROVISIONS › Section 61-63.I.RHB 1.10 - Records

Current through Register Vol. 48, No. 6, June 28, 2024
1.10.1 The Department may, upon application
				thereof or upon its own initiative, grant such exemptions or exceptions from the
				requirements of these regulations as it determines are authorized by law and will
				not result in undue hazard to public health and safety or property.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part I - GENERAL PROVISIONS › Section 61-63.I.RHB 1.11 - Records and Reports of Misadministration

Current through Register Vol. 48, No. 6, June 28, 2024
1.11.1 The
				Department may, by rule, regulation, or order, impose upon any licensee such
				requirements in addition to those established in these regulations as it deems
				appropriate or necessary to minimize danger to public health and safety or
				property.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part I - GENERAL PROVISIONS › Section 61-63.I.RHB 1.12 - Communications

Current through Register Vol. 48, No. 6, June 28, 2024
1.12.1 An injunction or
				other court order may be obtained prohibiting any violation of any provision of the
				Act or any regulation or order issued thereunder. Any person who willfully violates
				any provision of the Act or any regulation or order issued thereunder shall be
				guilty of a misdemeanor and, upon conviction, may be punished by fine or
				imprisonment or both, as provided by law.
1.12.2 The Department is authorized to hold public
				hearings, compel attendance of witnesses, make findings of fact and determinations
				and to assess fines and civil penalties relating to violations of the provisions of
				the Act or any regulation, license or license condition, temporary or permanent
				order, or final determination of the Department. Any person violating any provision
				of the Act or any regulation, license or license condition, temporary or permanent
				order, or final determination of the Department is subject to the schedule of fines
				and civil penalties in RHA 1.15, Schedule A of this Part, provided that the maximum
				penalty for any violation shall not exceed twenty-five thousand dollars. Each day of
				noncompliance shall constitute a separate violation.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part I - GENERAL PROVISIONS › Section 61-63.I.RHB 1.13 - Administration of Civil Penalties

Current through Register Vol. 48, No. 6, June 28, 2024
1.13.1 All
				communications and reports concerning these regulations, and applications filed
				thereunder, should be addressed to the Department at its office located at:
South Carolina Department of Health and Environmental
				  Control
Bureau of Radiological Health
2600 Bull Street
Columbia, South Carolina 29201
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part I - GENERAL PROVISIONS › Section 61-63.I.RHB 1.14 - Compliance with Other Laws

Current through Register Vol. 48, No. 6, June 28, 2024
1.14.1 Any person issued
				or granted a specific radioactive material license by the Department for the
				possession, use, storage, or distribution of radioactive material, or for the
				storage or disposal of radioactive material shall pay an annual license fee in
				accordance with a schedule of fees issued by the Department.
1.14.2 Payment of fees shall be made in accordance
				with the instructions of a "Statement of Fees Due" issued annually by the
				Department.
1.14.3 Persons failing to
				pay the fees required by paragraph 1.14.1 within thirty days after payment is due
				shall also pay a penalty of Fifty Dollars. If failure to pay the required fee
				continues for more than sixty days after payment is due, the licensee shall be
				notified by the Department by certified mail to be sent to his last known address
				that his license is revoked, and that any activities permitted under the authority
				of the license must cease immediately.
1.14.4 A license suspended for failure to pay the
				required fee under paragraph 1.14.3 may be reinstated by the Department upon payment
				of the required fee, the penalty of Fifty Dollars, and an additional penalty of One
				Hundred Dollars, if the licensee is otherwise in good standing and presents to the
				Department a satisfactory explanation for his failure to pay the required
				fee.
1.14.5 Fees required by paragraph
				1.14.1 for a specific radioactive materials license which is issued during a
				calendar year shall be prorated for the remainder of that year based on the date of
				issuance of the license.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part I - GENERAL PROVISIONS › Section 61-63.I.RHB 1.15 - Financial Assurances and Recordkeeping for Decommissioning

Current through Register Vol. 48, No. 6, June 28, 2024
1.15.1 The
				Department shall consider on a case-by-case basis, and require if found necessary
				before issuance of a license, financial assurances for the purpose of
				decommissioning or decontaminating facilities and the environment prior to closure
				and release for unrestricted use, or cleanup of the environment and facilities due
				to operations and accidental and unexpected releases of radioactive materials. The
				form and amount of such financial assurances shall be specifically determined by the
				Department.
1.15.2 Financial or surety
				arrangements generally acceptable to the Department include surety bonds, cash
				deposits, certificates of deposits, deposits of government securities, escrow
				accounts, irrevocable letters or lines of credit, trust funds, and combinations of
				the above or such other types of arrangements as may be approved by the
				Department.
1.15.3 Notwithstanding the
				requirements of RHA 1.15.1 and 1.15.2 above, each applicant for a specific license
				of the types described in RHA 1.15.3.1 through 1.15.3.4 shall submit a
				decommissioning funding plan as described in RHA 1.15.11.
1.15.3.1 Authorizing the possession and use of
				unsealed byproduct material of half-life greater than 120 days and in quantities
				exceeding 105 times the applicable quantities set forth
				in Appendix C, RHA 3.54 or when a combination of isotopes is involved if R divided
				by 105 is greater than 1 (unity rule), where R is defined
				here as the sum of the ratios of the quantity of each isotope to the applicable
				value in Appendix C, RHA 3.54.
1.15.3.2
				Authorizing the possession and use of sealed sources or plated foils of half-life
				greater than 120 days and in quantities exceeding 1012
				times the applicable quantities set forth in Appendix C, RHA 3.54 (or when a
				combination of isotopes is involved if R, as defined in RHA 1.15.3.1, divided by
				1012 is greater than 1).
1.15.3.3 Authorizing the possession and use of
				more than 100 millicuries of source material in a readily dispersible
				form.
1.15.3.4 Authorizing the
				possession of unsealed special nuclear material in quantities exceeding
				105 times the applicable quantities set forth in Appendix
				C, RHA 3.54 or when a combination of isotopes is involved if R divided by
				105 is greater than 1 (unity rule), where R is the sum of
				the ratios of the quantity of each isotope to the applicable value in Appendix C,
				RHA 3.54.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part I - GENERAL PROVISIONS › Section 61-63.I.RHB 1.16 - Schedule A

Current through Register Vol. 48, No. 6, June 28, 2024
SCHEDULE OF CIVIL PENALTIES
A. Severity I Category Level: Not less than Twenty
				Thousand Dollars, nor more than Twenty-Five Thousand Dollars, per
				violation.
B. Severity II Category
				Level: Not less than Ten Thousand Dollars, nor more than Twenty Thousand Dollars,
				per violation.
C. Severity III Category
				Level: Not less than Five Thousand Dollars, nor more than Ten Thousand Dollars, per
				violation.
D. Severity IV Category
				Level: Not less than Two Thousand Dollars, nor more than Five Thousand Dollars, per
				violation.
E. Severity V Category Level:
				Not less than One Thousand Dollars, nor more than Two Thousand Dollars, per
				violation.
F. Severity VI Category
				Level: Not more than One Thousand Dollars, per violation.
SCHEDULE OF SEVERITY CATEGORIES
I. Health Physics and Radiation Protection:
A. Severity I--Very Significant violations
				involving:
1. Single exposure or a quarterly
				accumulation of exposures to a worker in excess of 25 rems of radiation to the whole
				body, 150 rems to the skin of the whole body, or 375 rems to the feet, ankles,
				hands, or forearms, when such exposures are contrary to the provisions of RHA 3.2,
				Title A;
2. Annual whole body exposure
				of a member of the public in excess of 2.5 rems of radiation;
3. Release of radioactive material to an
				unrestricted area in excess of ten times the limits of RHA 3.5, Title A;
4. Disposal of licensed material in quantities or
				concentrations in excess of ten times the limits of RHA 3.13, Title A; or
5. Exposure of a worker in restricted areas in
				excess of ten times the limits of RHA 3.3, Title A.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part I - GENERAL PROVISIONS › Section 61-63.I.RHB 1.17 - [Appendix A] Criteria Relating to Use of Financial Tests and Parent Company Guarantees for Providing Reasonable Assurance of Funds for Decommissioning

Current through Register Vol. 48, No. 6, June 28, 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. This appendix
				  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 paragraph A.1 or A.2 of this section:
1. The parent company must have:
(i) 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; and
(ii) 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); and
(iii) Tangible net worth of at least $10 million;
				and
(iv) Assets located in the United
				States amounting to at least 90 percent of total assets or at least six times the
				current decommissioning cost estimates (or prescribed amount if a certification is
				used).
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part I - GENERAL PROVISIONS › Section 61-63.I.RHB 1.18 - [Appendix B] Criteria Relating to Use of Financial Tests and Self Guarantees for Providing Reasonable Assurance of Funds for Decommissioning

Current through Register Vol. 48, No. 6, June 28, 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 Section II of this appendix. The terms of the
				  self-guarantee are Section III of this appendix. This appendix 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 at least 10 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 percent of total assets or at least 10
				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 bond issuance of AAA, AA, A as issued by Standard and Poors
				(S&P), or Aaa, Aa, or A as issued by Moodys.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part II - LICENSING OF RADIOACTIVE MATERIAL › Section 61-63.II.RHA 2.1 - Purpose and Scope

Current through Register Vol. 48, No. 6, June 28, 2024
2.1.1 No person shall
				manufacture, produce, transfer, receive, acquire, own, possess, or use byproduct
				material except as authorized in a specific or general license issued pursuant to
				these regulations, or as otherwise provided in these regulations.
NOTE: Authority to transfer possession or control by the
				  manufacturer, processor, or producer of any equipment, device, commodity, or other
				  product containing source, by-product, or special nuclear material, intended for use
				  by the general public may be obtained only from the United States Nuclear Regulatory
				  Commission, Washington, D.C. 20555.
2.1.2 Deliberate misconduct
2.1.2.1 Any licensee, applicant for a license,
				employee of a licensee or applicant; or any contractor (including a supplier or
				consultant), subcontractor, employee of a contractor or subcontractor of any
				licensee or applicant for a license, who knowingly provides to any licensee,
				applicant, contractor, or subcontractor, any components, equipment, materials, or
				other goods or services that relate to a licensee's or applicant's activities in
				this part, may not:
2.1.2.1.1 Engage in deliberate
				misconduct that causes or would have caused, if not detected, a licensee 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
2.1.2.1.2 Deliberately submit to the Department, a
				licensee, an applicant, or a licensee's or applicant's contractor or subcontractor,
				information that the person submitting the information knows to be incomplete or
				inaccurate in some respect material to the Department.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part II - LICENSING OF RADIOACTIVE MATERIAL › Section 61-63.II.RHA 2.2 - Types of Licenses

Current through Register Vol. 48, No. 6, June 28, 2024
Licenses for radioactive materials are of two types; general and
				  specific.
The Department issues a specific license to a named person who has
				  filed an application for the license under the provisions of this regulation
				  (61-63). A general license is provided by regulation, grants authority to a person
				  for certain activities involving radioactive material, and is effective without the
				  filing of an application with the Department or the issuance of a licensing document
				  to a particular person. However, registration with the Department may be required by
				  the particular general license.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part II - LICENSING OF RADIOACTIVE MATERIAL › Section 61-63.II.RHA 2.3 - General Licenses-Source Material

Current through Register Vol. 48, No. 6, June 28, 2024
2.3.1 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, commercial, or operational purposes in the following forms and
				quantities:
2.3.1.1 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 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
2.3.1.2 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 RHA 2.3.1.1; or
2.3.1.3 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
2.3.1.4 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.