Rule 391-3-17-.08. Regulation and Licensing of Naturally-Occurring Radioactive Materials (NORM).

Georgia Administrative Code

Department 391. RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES

Chapter 391-3. ENVIRONMENTAL PROTECTION

Subject 391-3-17. RADIOACTIVE MATERIALS

Current through Rules and Regulations Filed through July 9, 2019

Rule 391-3-17-.08. Regulation and Licensing of Naturally-Occurring Radioactive Materials (NORM)

(1) Purpose. This Rule, 391-3-17-.08, establishes radiation protection standards for the possession, use, transfer, and disposal of naturally-occurring radioactive materials (NORM) not subject to regulation under the Atomic Energy Act of 1954, as amended. All numbered and lettered references within this Rule refer to parts of this Rule, unless stated otherwise.
(2) Scope.
(a) This Rule applies to any person who engages in the extraction, mining, storage, beneficiating, processing, use, transfer, or disposal of NORM in such a manner as to alter the chemical properties or physical state of the NORM or its potential exposure pathways to humans.
(b) This Rule addresses the introduction of NORM into products in which neither the NORM nor the radiation emitted from the NORM is considered to be beneficial to the products. The manufacture and distribution of products containing NORM in which the NORM and/or its associated radiation(s) is considered to be a beneficial attribute are licensed under the provisions of Rule .02 of this Chapter.
(c) This Rule also addresses waste management and disposal standards.
(3) Definitions. As used in this Rule, the following definitions apply:
(a) "Beneficial attribute" or "Beneficial to the product" means that the radioactivity of the product is necessary to the use of the product.
(b) "Beneficiating" means the processing of materials for the purpose of altering the chemical or physical properties to improve the quality, purity, or assay grade.
(c) "General environment" means the total terrestrial, atmospheric, and aquatic environments outside sites within which any activity, operation, or process authorized by a general or specific license issued under this Rule is performed.
(d) "Naturally-occurring radioactive material" (NORM) means any nuclide which is radioactive in its natural physical state (i.e., not man-made), but does not include byproduct, source, or special nuclear material.
(e) "Product" means something produced, made, manufactured, refined, or beneficiated.
(f) "Recycling" means a process by which materials that have served their intended use are collected, separated, or processed and returned to use in the form of raw materials in the production of new products. Recycling shall not include the use of a material in a manner that constitutes disposal in accordance with Rule .03(12).
(g) "Technologically-enhanced" means the chemical properties or physical state of natural sources of radiation have been altered or the potential exposure pathways of natural sources of radiation to humans have been altered.
(h) "Working Level" (WL) means any combination of short-lived radon decay products in one liter of air that will result in the ultimate emission of alpha particles with a total energy of 130 billion electron volts (2.1 x 10-8J).
(4) Exemptions.
(a) Persons who receive, possess, use, process, store, transfer, commercially distribute, or dispose of NORM are exempt from the requirements of this Chapter if the materials contain or are contaminated by concentrations of:
1. Either:
(i) 30 picocuries (1.11 Bq) per gram or less of technologically- enhanced radium-226 or radium-228 in soil, averaged over any 100 square meters and averaged over the first 15 centimeters of soil below the surface, provided that the radon emanation rate is less than 20 pCi (.74 Bq) per square meter per second, or
(ii) 30 pCi (1.11 Bq) per gram or less of technologically- enhanced radium-226 or radium-228 in media other than soil, provided that the radon emanation rate is less than 20 pCi (.74 Bq) per square meter per second;
2. Either:
(i) 5 pCi (.185 Bq) per gram or less of technologically- enhanced radium-226 or radium-228 in soil, averaged over any 100 square meters and averaged over the first 15 centimeters of soil below the surface, in which the radon emanation rate is equal to or greater than 20 pCi (.74 Bq) per square meter per second, or
(ii) 5 pCi (.185 Bq) per gram or less of technologically- enhanced radium-226 or radium-228 in media other than soil, in which the radon emanation rate is equal to or greater than 20 pCi (.74 Bq) per square meter per second; or
3. Either:
(i) 150 pCi (5.55 Bq) or less per gram of any other NORM radionuclide in soil, averaged over any 100 square meters and averaged over the first 15 centimeters of soil below the surface, provided that these concentrations are not exceeded at any time, or
(ii) 150 pCi (5.55 Bq) or less per gram of any other NORM radionuclide in media other than soil, provided that these concentrations are not exceeded at any time.
(b) Persons who receive products or materials containing NORM distributed in accordance with a specific license issued by the Director pursuant to (12)(c) or an equivalent license issued by another Licensing State are exempt from this Chapter.
(c) The manufacturing, commercial distribution, use, and disposal of the following products/materials are exempt from the requirements of this Chapter:
1. Potassium and potassium compounds which have not been isotopically enriched in the radionuclide K-40;
2. Brazil nuts; and
3. Byproducts from fossil fuel combustion (bottom ash, fly ash, and flue-gas emission control byproducts);
4. Materials used for building and highway construction, industrial processes, sand blasting, metal casings, or other material containing NORM, in which the radionuclide content has not been concentrated to levels higher than found in its natural state.
(d) The wholesale and retail distribution (including custom blending), possession, and use of the following products/materials are exempt from the requirements of this Chapter:
1. Phosphate and potash fertilizer;
2. Phosphogypsum for agricultural uses; and
3. Materials used for building and highway construction, industrial processes, sand blasting, metal casings, or other material containing NORM, in which the radionuclide content has not been concentrated to levels higher than found in its natural state.
(e) The possession, storage, transportation, commercial distribution, and use of natural gas and natural gas products and crude oil and crude oil products as a fuel are exempt from the requirements of this Chapter. The distribution of natural gas and crude oil and the manufacturing and distribution of natural gas and crude oil products are exempt from the specific license requirements of this Rule but are subject to the general license requirements in (7), (8), and (9).
(f) Materials in the recycling process, including scale or residue not otherwise exempted, and other equipment containing NORM are exempt from the requirements of this Rule if the maximum radiation exposure level does not exceed 50 microroentgens per hour including the background radiation level at any accessible point.
(g) Possession of produced waters from crude oil and natural gas production is exempt from the requirements of this Rule if the produced waters are reinjected in a well approved by the Division or if the produced waters are discharged under the authority of the Division.
(5) Radiation Survey Instruments.
(a) Radiation survey instruments used to determine exemptions pursuant to (4)(f) and radiation survey instruments used to make surveys in accordance with (7) shall be able to measure from 1 microroentgen per hour through at least 500 microroentgens per hour.
(b) Radiation survey instruments used to make surveys required by this Rule shall be calibrated, appropriate, and operable.
(c) Each radiation survey instrument shall be calibrated:
1. By a person licensed by the Director, another Agreement State or Licensing State, or by the U.S. Nuclear Regulatory Commission to perform such service;
2. At energies appropriate for the licensee's use;
3 At intervals not to exceed 12 months, and after each instrument servicing other than battery replacement; and
4. To demonstrate an accuracy within plus or minus 20 percent using a reference source provided by a person authorized pursuant to (5)(c)1.
(d) Records of these calibrations shall be maintained for Division inspection for 5 years after the calibration date.
(6) Effective Date. The provisions and requirements of this Rule shall take effect upon March 26, 1994, and shall apply to all facilities or sites owned or controlled by a person on that date. Products distributed and disposals made prior to that date are not subject to the provisions of this Rule.
(7) General License.
(a) A general license is hereby issued to mine, extract, receive, possess, own, use, store, transfer, process, and dispose of NORM not exempted in (4) without regard to quantity. This general license does not authorize the manufacturing or commercial distribution of products containing NORM in concentrations greater than those specified in (4) nor the disposal of wastes from other persons.
(b) Facilities and equipment contaminated with NORM in excess of the levels set forth in the Appendix of this Rule shall not be released for unrestricted use. The decontamination of equipment and facilities shall be performed only by persons specifically licensed by the Director or another Licensing State to conduct such work. Each general licensee shall establish written procedures for the evaluation (or screening) of equipment, components, and facilities prior to release for unrestricted use to ensure that the levels in this Appendix are not exceeded.
(c) No person shall transfer land for unrestricted use where the concentration of radium-226 or radium-228 in soil averaged over any 100 square meters exceeds the background level by more than:
1. 5 pCi/g (185 Bq/kg), averaged over the first 15 cm of soil below the surface; and
2. 15 pCi/g (555 Bq/kg), averaged over 15 cm thick layers of soil more than 15 cm below the surface.
(d) The handling or processing by a general licensee of NORM-contaminated materials not otherwise exempted from these Rules for the purpose of recycling is authorized by the Division if the radiation level 18 inches from the NORM-contaminated material does not exceed 2 millirem per hour.
(e) Equipment contaminated with NORM in excess of the levels set forth in the Appendix of this Rule may be released for maintenance and/or overhaul provided the recipient is specifically licensed to perform the activity on contaminated equipment.
(f) The decontamination of equipment, facilities, and land, as described in (10)(b), shall only be performed by persons specifically licensed by the Director or another Licensing State to conduct such work.
(g) Transfer of NORM
1. The transfer of NORM not exempt from this Chapter from one general licensee to another general licensee may be authorized by the Division if:
(i) The equipment and facilities contaminated with NORM are to be used by the recipient for the same purpose or at the same time,
(ii) The transfer of control or ownership of land contaminated with NORM includes an annotation in the deed records to indicate the presence of NORM,
(iii) The materials being transferred are ores or raw materials for processing or refinement, or
(iv) The material being transferred is in the recycling process.
2. Transfers made under (7)(g)1. do not relieve the general licensee who makes the transfer from the responsibilities of assessing the extent of NORM contamination or material present, evaluating the hazards of the NORM, informing the general licensee receiving the NORM of these assessments and evaluations, and maintaining records required by this Chapter.
(8) Protection of Workers and the General Population During Operations. Each person subject to a general license in (7) or to a specific license shall conduct operations in compliance with the standards for radiation protection set forth in Rules .03 and .07 of this Chapter, except for disposal, which shall be governed by (9).
(9) Disposal and Transfer of Waste for Disposal.
(a) Each person subject to the general license in (7) or a specific license shall manage and dispose of wastes containing NORM:
1. In accordance with the applicable requirements of the U.S. Environmental Protection Agency for disposal of such wastes;
2. In a manner equivalent to the requirements for uranium and thorium byproduct materials in 40 CFR 192;
3. By transfer of the wastes for disposal to a land disposal facility licensed by the U.S. Nuclear Regulatory Commission, an Agreement State, or a Licensing State; or
4. In accordance with alternate methods authorized by the Division upon application or upon the Division's initiative.
(b) Records of disposal, including manifests, shall be maintained pursuant to the provisions of Rule .03 of this Chapter.
(c) Transfers of waste containing NORM for disposal shall be made only to a person specifically authorized to receive such waste.
(10) Specific Licenses.
(a) Unless otherwise exempted under the provisions of (4) or licensed under the provisions of Rule .02 of this Chapter, the manufacturing and commercial distribution of any material or product containing NORM shall be specifically licensed pursuant to the requirements of this Rule or pursuant to equivalent regulations of another Licensing State.
(b) Persons conducting the following activities involving equipment or facilities contaminated with NORM in excess of the levels set forth in the Appendix of this Rule or land contaminated in excess of the limits set forth in (7)(c) shall be specifically licensed pursuant to the requirements of this Rule:
1. Decontamination of equipment, facilities, and land; or
2. Disposal or storage of the resulting waste.
(11) Filing Application for Specific Licenses.
(a) Applications for specific licenses shall be filed in a manner and on a form prescribed by the Division.
(b) The Division 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 Division to determine whether the application should be granted or denied or whether a license should be modified or revoked.
(c) Each application shall be signed by the applicant or licensee or a person duly authorized to act for and on behalf of the licensee.
(d) An application for a specific license may include a request for a license authorizing one or more activities.
(e) In an application, the applicant may incorporate by reference information contained in previous applications, statements, or reports filed with the Division provided such references are clear and specific by page and paragraph.
(f) Applications and documents submitted to the Division may be made available for public inspection pursuant to the open records act, O.C.G.A. Section 50-18-70, et seq., except that the Division may withhold any document or part thereof from public inspection if disclosure of its contents is not required by law.
(12) Requirements for the Issuance of Specific Licenses.
(a) An application for a specific license will be approved if the Division determines that:
1. The applicant is qualified by reason of training and experience to use the NORM in question for the purpose requested in accordance with these Rules in such a manner as to minimize danger to public health and safety, the environment, or property;
2. The applicant's proposed equipment, facilities, and procedures are adequate to minimize danger to public health and safety, the environment, and property;
3. The issuance of the license will not be inimical to the health and safety of the public;
4. The applicant satisfied any applicable special requirement in this Rule;
5. The applicant has met the financial surety requirements of (21); and
6. The applicant has appointed a qualified Radiation Safety Officer (RSO). The applicant, through the RSO, shall ensure that Radiation Safety activities are being performed in accordance with approved procedures and regulatory requirements in the daily operation of the applicant's program.
(i) The Radiation Safety Officer shall:
(I) Investigate overexposures, accidents, spills, losses, thefts, unauthorized receipts, uses, transfers, and disposals, and other deviations from approved radiation safety practices. The RSO shall have the authority to assume control and implement corrective actions, including shut down of operations when emergency or unsafe conditions exist.
(II) Have a thorough knowledge of the licensee's management policies and administrative procedures.
(III) Implement policies and procedures for:
I. Keeping an inventory record of radioactive material;
II. Using radioactive material safely and in accordance with the ALARA philosophy;
III. Taking emergency action if control of radioactive material is lost;
IV. Performing periodic radiation surveys;
V. Performing checks and calibrations of survey instruments and other safety equipment;
VI. Disposing of radioactive material;
VII. Training personnel who work in or frequent areas where radioactive material is used or stored; and
VIII. Keeping a copy of all records and reports required by the Regulations, a copy of this Chapter, a copy of each licensing request, the license and its amendments, and the written policy and procedures required by the Regulations.
(ii) The RSO's qualifications shall be submitted to the Division and shall include:
(I) Possession of a high school diploma or a certificate of high school equivalency based on the GED test;
II) Completion of the training and testing requirements of the activities for which the license application is submitted; and
(III) Training and experience necessary to supervise the Radiation Safety aspects of the licensed activity.
(b) An application for a specific license to decontaminate equipment, land, or facilities contaminated with NORM in excess of the levels set forth in (4), (7)(c), or the Appendix of this Rule, as applicable, and to dispose of the resulting waste will be approved if:
1. The applicant satisfies the general requirements specified in (12)(a); and
2. The applicant has adequately addressed the following items in the application:
(i) Procedures and equipment for monitoring and protection of workers;
(ii) An evaluation of the radiation levels and concentrations of contamination expected during normal operations;
(iii) Operating and emergency procedures, including procedures for waste reduction and quality assurance of items released for unrestricted use; and
(iv) Method of disposing of the NORM removed from contaminated equipment, facilities, and/or land.
(c) An application for a specific license to manufacture and/or distribute products or materials containing NORM to persons exempted from this Chapter pursuant to (4)(b) will be approved if:
1. The applicant satisfied the general requirements specified in (12)(a);
2. The NORM is not contained in any food, beverage, cosmetic, drug, or other commodity designed for ingestion or inhalation by, or application to, a human being without approval by the U.S. Food and Drug Administration; and
3. The applicant submits sufficient information relating to the design, manufacture, prototype testing, quality control procedures, labeling or marking, and conditions of handling, storage, use, and disposal of the NORM material or product to demonstrate that the material or product will meet the safety criteria set forth in (13). The information shall include:
(i) A description of the material or product and its intended use or uses;
(ii) The type, quantity, and concentration of NORM in each material or product;
(iii) The chemical and physical form of the NORM in the material or product, and changes in chemical and physical form that may occur during the useful life of the material or product;
(iv) An analysis of the solubility in water and body fluids of the NORM in the material or product;
(v) The details of manufacture and design of the material or Rule product relating to containment and shielding of the NORM and other safety features under normal and severe conditions of handling, storage, use, reuse, and disposal of the material or product;
(vi) The type and degree of access of human beings to the material or product during normal handling, use, and disposal;
(vii) The total quantity of NORM expected to be distributed annually in the material or product;
(viii) The expected useful life of the material or product;
(ix) The proposed method of labeling or marking each unit of the material or product with identification of the manufacturer and/or initial transferor of the product and the radionuclide(s) and quantity of NORM in the material or product;
(x) The procedures for prototype testing of the material or product to demonstrate the effectiveness of the containment, shielding, and other safety features under both normal and severe conditions of handling, storage, use, reuse, and disposal;
(xi) The results of the prototype testing of the material or product, including any change in the form of the NORM contained in it, the extent to which the NORM may be released to the environment, any change in radiation levels, and any other changes in safety features;
(xii) The estimated external radiation doses and dose commitments relevant to the safety criteria in (13) and the basis for such estimates;
(xiii) A determination that the probabilities with respect to doses referred to in (13) meet the safety criteria;
(xiv) The quality control procedures to be followed in the production of production lots of the material or product, and the quality control standards the material or product will be required to meet; and
(xv) Any additional information, including experimental studies and tests, required by the Division to facilitate a determination of the radiation safety of the material or product.
(d) Notwithstanding the provisions of (13)(b), the Director may deny an application for a specific license if the end uses of the product are frivolous or cannot be reasonably foreseen.
(13) Safety Criteria for Specific Licenses.

An applicant for a specific license under (12)(c) shall demonstrate that the product is designed and will be manufactured so that:

(a) In normal use, handling, storage, and disposal, the dose to any individual likely to be exposed to radiation from the material or product will not exceed the limits set forth in Rule .03 of this Chapter.
(b) In normal use, disposal, handling, and storage, it is unlikely that the radon released from the material or product will result in an increase in the average radon concentration in air of more than 0.4 picocurie (.0148 Bq) per liter.
(c) It is unlikely that there will be a significant reduction in the effectiveness of the containment, shielding, or other safety features of the material or product from wear and abuse likely to occur in normal handling and use of the material or product during its useful life.
(14) Issuance of Specific Licenses.
(a) Upon a determination that an application meets the requirements of the Act and Rules of the Division, the Director will issue a specific license authorizing the proposed activity in such form and containing such conditions and limitations as it deems appropriate or necessary.
(b) The Director may incorporate in any license at the time of issuance, or thereafter by amendment, such additional requirements and conditions with respect to the licensee's receipt, possession, use, and transfer of NORM subject to this Rule as it deems appropriate or necessary in order to:
1. Minimize danger to public health and safety, to property, and to the environment;
2. Require such reports, require the keeping of such records, and to provide for such inspections of activities under the license as may be appropriate or necessary; and
3. Prevent loss or theft of NORM subject to this Rule.
(15) Conditions of Specific Licenses Issued Under (12).
(a) General Terms and Conditions
1. Each license issued pursuant to this Rule shall be subject to all the provisions of the Act, now or hereafter in effect, and to all Rules, Regulations, and Orders of the Director.
2. No license issued or granted under this Rule and no right to possess or utilize NORM granted by any license issued pursuant to this Rule shall be transferred, assigned, or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of any license to any person unless the Division shall, after securing full information, find that the transfer is in accordance with the provisions of the Act, and shall give its consent in writing.
3. Each person licensed by the Director pursuant to this Rule shall confine use and possession of the NORM licensed to the locations and purposes authorized in the license.
4. Each person licensed by the Director pursuant to this Rule is subject to the license provisions of (8) and (9).
5. Notification
(i) Each licensee shall notify the Division in writing, immediately following the filing of a voluntary or involuntary petition for bankruptcy under the Chapters of Title 11 (Bankruptcy) of the United States Code (11 U.S.C.) by or against:
(I) A licensee;
(II) An entity [as that term is defined in 11 U.S.C. 101(14) ] controlling a licensee or listing the license or licensee as property of the estate; or
(III) An affiliate [as that term is defined in 11 U.S.C. 101(2) ] of the licensee.
(ii) This notification must indicate:
(I) The bankruptcy court in which the petition for bankruptcy was filed; and
(II) The date of the filing of the petition.
(b) Quality Control, Labeling, and Reports of Transfer. Each person listed under (12)(c) shall:
1. Carry out adequate control procedures in the manufacture of the material or product to assure that each production lot meets the quality control standards approved by the Division;
2. Label or mark each unit so that the manufacturer, processor, producer, or initial transferor of the material or product and the NORM in the material or product can be identified; and
3. Maintain records identifying, by name and address, each person to whom NORM is transferred for use under (4)(b) or the equivalent regulations of another Licensing State, and stating the kinds, quantities, and uses of the NORM transferred. An annual summary report stating the total quantity of each radionuclide transferred under the specific license shall be filed with the Division. Each report shall cover the year ending December 31, and shall be filed within 30 days thereafter. If no transfers of NORM have been made pursuant to (13)(c) during the reporting period, the report shall so indicate.
(16) Expiration and Termination of Specific Licenses.
(a) Except as provided in (17)(b) and (16)(d)6., each specific license shall expire at the end of the specified day in the month and year stated therein.
(b) Each licensee shall notify the Division immediately, in writing, and request termination of the license when the licensee decides to terminate all activities involving NORM authorized under the specific license or when the licensee decides to terminate a licensed location. This notification and request for termination of the license must include the reports and information specified in (16)(d)4. The licensee is subject to the provisions of (16)(d) and (16)(e), as applicable.
(c) No less than 30 days before the expiration date specified in a specific license, the licensee shall either:
1. Submit an application for license renewal under (17), or
2. Notify the Division in writing, under (16)(b), if the licensee decides to discontinue all activities involving NORM.
(d) If the licensee terminates a licensed location, or if a licensee does not submit an application for license renewal under (17), the licensee shall on or before the expiration date specified in the specific license:
1. Terminate use of NORM;
2. Remove NORM contamination to the extent practicable;
3. Properly dispose of the NORM; and
4. Submit a report of the disposal of NORM and radiation survey(s) to confirm the absence of NORM or to establish the levels of residual NORM contamination. The licensee shall, as appropriate:
(i) Report levels of radiation in units of microrads (µGy) per hour of beta and gamma radiation at one centimeter and gamma radiation at one meter from surfaces and report levels of radioactivity in units of disintegrations per minute (or microcuries or becquerels) per 100 square centimeters removable and fixed on surfaces, microcuries (becquerels) per milliliter in water, and picocuries per gram (Bq/kg) in contaminated solids such as soils or concrete; and
(ii) Specify the instrument(s) used and certify that each instrument is properly calibrated and tested.
5. If no radioactivity attributable to activities conducted under the license is detected, the licensee shall submit a certification that no detectable NORM contamination was found. If the Division determines that the information submitted under (16)(d)2. and (16)(d)4. is adequate and surveys confirm the findings, the Director will notify the licensee in writing that the license is terminated.
6. If detectable levels of residual NORM attributable to activities conducted under the license are found, the specific license continues in effect beyond the expiration date, if necessary, with respect to possession of residual NORM until the Director notifies the licensee in writing that the license is terminated. During this time, the licensee is subject to the provisions of (16)(e). In addition to the information submitted under (16)(d)4., the licensee shall submit a plan, if appropriate, for decontaminating the location(s) and disposing of the residual NORM.
(e) Each licensee who possesses residual NORM under (16)(d)6., following the expiration date specified in the specific license, shall:
1. Be limited to actions involving NORM related to preparing the location(s) for release for unrestricted use; and
2. Continue to control entry to restricted areas until the location(s) is (are) suitable for release for unrestricted use and the Director notifies the licensee in writing that the license is terminated.
(17) Renewal of Specific Licenses.
(a) Applications for renewal of specific licenses shall be filed in accordance with (11).
(b) In any case in which a licensee, not less than 30 days prior to the expiration of an existing specific license, has filed an application in proper form for renewal or for a new specific license authorizing the same activities, such existing license shall not expire until final action by the Director.
(18) Amendment of Specific Licenses at Request of Licensee. Applications for amendment of a license shall be filed in accordance with (11) and shall specify the respects in which the licensee desires the license to be amended and the grounds for such amendment.
(19) Action on Applications to Renew and Amend Specific Licenses. In considering an application by a licensee to renew or amend the specific license, the Division will apply the criteria set forth in (12).
(20) Reciprocal Recognition of Licenses.

Subject to this Chapter, any person who holds a specific license from a Licensing State, and issued by the agency having jurisdiction where the licensee maintains an office for directing the licensed activity and at which radiation safety records are normally maintained, is hereby granted a general license to conduct the activities authorized in such licensing document within this State for a period not in excess of 180 days in any calendar year provided that:

(a) The licensing document does not limit the activity authorized by such document to specified installations or locations;
(b) The out-of-state licensee notifies the Division in writing at least 3 days prior to engaging in such activity. Such notification shall indicate the location, period, and type of proposed possession and use within the State, and shall be accompanied by a copy of the pertinent licensing document. If, for a specific case, the 3-day period would impose an undue hardship on the out-of-state licensee, the licensee may, upon application to the Division, obtain permission to proceed sooner. The Division may waive the requirement for filing additional written notifications during the remainder of the calendar year following the receipt of the initial notification from a person engaging in activities under the general license provided in (20)(a);
(c) The out-of-state licensee complies with all applicable Rules of the Division and with all the terms and conditions of the licensing document, except any such terms and conditions which may be inconsistent with applicable Rules of the Division;
(d) The out-of-state licensee supplies such other information as the Division may request; and
(e) The out-of-state licensee shall not transfer or dispose of NORM possessed or used under the general license provided in (20)(a) except by transfer to a person:
1. Specifically licensed by the Director or by another Licensing State to receive such NORM; or
2. Exempt from the requirements for a license for such NORM under (4).
(21) Financial Surety Arrangements for Specific Licenses.
(a) Each licensee or applicant for a specific license under (12) shall post with the Director financial surety, or security, according to the requirements of Rule .02(8)(g), of this Chapter to ensure the protection of the public health and safety, property, and the environment in the event of abandonment, default, or other inability or unwillingness of the licensee to meet the requirements of the Act and this Chapter. Financial surety arrangements shall:
1. Consist of surety bonds, cash deposits, certificates of deposit, government securities, irrevocable letters or lines of credit, or any combination of these.
2. Be in an amount sufficient to meet the applicant's or licensee's obligations under the Act and this Chapter and shall be based upon Division-approved cost estimates.
3. Be established prior to issuance of the specific license or the commencement of operations to assure that sufficient funds will be available to carry out the decontamination and decommissioning of the facility.
4. Be continuous for the duration of the license and for a period coincident with the applicant/licensee's responsibility under the Act and this Chapter.
5. Be available in Georgia subject to judicial process and execution in the event required for the purposes set forth.
6. Be established within 90 days of April 1, 1994, for licenses in effect on that date.
(b) No later than 90 days after the licensee notifies the Division that decontamination and decommissioning have been completed, the Division shall determine if these have been conducted in accordance with this Chapter and the conditions of the specific license. If the Division finds that the requirements have been met, the Director shall direct the return or release of the licensee's security in full plus any accumulated interest. If the Division finds that the requirements have not been met, the Division will notify the licensee in writing of the steps necessary for compliance.
(22) Modification and Revocation of Licenses.
(a) The terms and conditions of all licenses shall be subject to amendment, revision, or modification or the license may be suspended or revoked by reason of amendments to the Act, by reason of rules or Regulations promulgated by the Board, and Orders issued by the Director.
(b) Any license may be revoked, suspended, or modified, in whole or in part, for any material false statement in the application or any material false statement of fact required under provisions of the Act or this Chapter, or because of conditions revealed by such application or statement of fact or any report, record, or inspection or other means which would warrant the Director to refuse to grant a license on an original application, or for violation of, or failure to observe, any of the terms and conditions of the Act, of the license, or of any Rule, Regulation, or Order of the Director.
(c) Except in cases of willfulness or those in which the public health, interest, or safety requires otherwise, no license shall be modified, suspended, or revoked unless, prior to the institution of proceedings therefor, facts or conduct which may warrant such action shall have been called to the attention of the licensee in writing and the licensee shall have been accorded an opportunity to demonstrate or achieve compliance with all lawful requirements.

APPENDIX

ACCEPTABLE SURFACE CONTAMINATION LEVELS FOR NORM

NUCLIDEa

AVERAGEbcf

MAXIMUMbdf

REMOVABLEbcef

U-nat, U-235, and associated products (including Po-210), except Ra-226, Th-230, Ac-227, and Pa-231

5,000 dpm

alpha/100 cm2

15,000 dpm

alpha/100 cm2

11,000 dpm

alpha/100 cm2

Transuranics, Ra-226, Ra-228, Th-230, Th-228 Pa-231, Ac-227

100 dpm/100 cm2

300 dpm/100 cm2

20 dpm/100 cm2

Beta-/gamma-emitters (nuclides with decay modes other than alpha emission or spontaneous fission, including Pb-210), except others noted above.

5,000 dpm beta, gamma/100 cm2

15,000 dpm beta, gamma/100 cm2

1,000 dpm beta, gamma/100 cm2

a Surfaces contaminated with alpha- and beta-emitting naturally-occurring radionuclides may be surveyed with a detector that responds to both types of radiation. The same method may be employed when evaluating wipe samples for removable contamination.

b As used in this table, dpm (disintegrations per minute) means the rate of emission by naturally-occurring radioactive material as determined by correcting the counts per minute observed by an appropriate detector for background, efficiency, and geometric factors associated with the instrumentation using a ratemeter or scaler and detector appropriate for the type and energy of emissions being monitored. The detector shall be capable of responding to alpha, beta, and/or gamma radiation.

c Measurements of average contamination level should not be averaged over more than one square meter. For objects of less surface area, the average should be derived for each object.

d The maximum contamination level applies to an area of not more than 100 cm2.

e The amount of removable radioactive material per 100 cm2 of surface area should be determined by wiping that area with dry filter or soft absorbent paper, applying moderate pressure, and assessing the amount of radioactive material on the wipe with an appropriate instrument of known efficiency. When removable contamination on objects of less surface area is determined, the pertinent levels should be reduced proportionally and the entire surface should be wiped.

f All surveys and efficiency determinations shall be made with the detector's active surface no greater than 1 centimeter from the surface being surveyed, wipe being analyzed, or source being used. A scaler must be used when evaluating wipe samples and count times must be sufficient to detect 10 percent of the applicable limit with 95 percent confidence that the activity would be detected.

g Notwithstanding the levels in the table above, equipment containing NORM shall not exceed a maximum radiation exposure level of 50 microroentgens per hour, including the background radiation level at any accessible point.

Cite as Ga. Comp. R. & Regs. R. 391-3-17-.08

Authority: O.C.G.A. § 31-13-1 et seq., as amended.

History. Original Rule entitled "Administration" adopted. F. May 2, 1991; eff. May 22, 1991.

Repealed: New Rule entitled "Regulation and Licensing of Naturally-Occurring Radioactive Materials (NORM)" adopted. F. Feb. 24, 1994; eff. Mar. 16, 1994.

Amended: F. Oct. 4, 1994; eff. Oct. 24, 1994.

Amended: F. Mar. 29, 2002; eff. Apr. 18, 2002.

Amended: New title, "Regulation and Licensing of Naturally-Occurring Radioactive Materials (Norm)", as cited on SOS Rules and Regulations Website, corrected to "Regulation and Licensing of Naturally-Occurring Radioactive Materials (NORM)." F. Jan. 28, 2019; eff. Feb. 17, 2019.