W. Va. Code R. § 64-23-6

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 64-23-6 - Standards for Protection Against Radiation

6.1. Purpose and Scope

6.1.a. Except as specifically provided in other Sections of this rule, this Section applies to persons registered by the agency to receive, possess, use, transfer, or dispose of sources of radiation. The limits in this part do not apply to doses due to background radiation, to exposure of patients to radiation for the purpose of medical diagnosis or therapy, or to voluntary participation in medical research programs.

6.1.b. The requirements of this Section are designed to control the receipt, possession, use, transfer, and disposal of sources of radiation by any registrant so the total dose to an individual, including doses resulting from all sources of radiation other than background radiation, does not exceed the standards for protection against radiation prescribed in this Section. However, nothing in this Section shall be construed as limiting actions that may be necessary to protect health and safety in an emergency.

6.2. Definitions - As used in this Section, the following definitions apply:

6.2.a. Annual Limit On Intake (ALI) - the derived limit for the amount of radioactive material taken into the body of an adult worker by inhalation or ingestion in a year. ALI is the smaller value of intake of a given radionuclide in a year by the reference man that would result in a committed effective dose equivalent of five one-hundredths (0.05) Sv (five (5) Rem) or a committed dose equivalent of five- tenths (0.5) Sv (fifty (50) Rem) to any individual organ or tissue. ALI values for intake by ingestion and by inhalation of selected radionuclides are given in Table 64-23 F, Columns 1 and 2.

6.2.b. Class - a classification scheme for inhaled material according to its rate of clearance from the pulmonary region of the lung. Materials are classified as D, W, or Y, which applies to a range of clearance half-times: for Class D, days, of less than ten (10) days, for Class W, weeks, from ten (10) to one hundred (100) days , and for Class Y, years, of greater than one hundred (100) days. For purposes of this rule, "lung class" and "inhalation class" are equivalent terms.

6.2.c. Declared Pregnant Woman - a woman who has voluntarily informed her employer, in writing, of her pregnancy and the estimated date of conception.

6.2.d. Derived Air Concentration (DAC) - the concentration of a given radionuclide in air which, if breathed by the reference man for a working year of two thousand (2,000) hours under conditions of light work, results in an intake of one ALI. For purposes of this rule, the condition of light work is an inhalation rate of one and two-tenths (1.2) cubic meters of air per hour for two thousand (2,000) hours in a year. DAC values are given in Table 64-23 F, Table I, Column 3.

6.2.e. Derived Air Concentration-hour (DAC-hour) - the product of the concentration of radioactive material in air, expressed as a fraction or multiple of the derived air concentration for each radionuclide, and the time of exposure to that radionuclide, in hours. A registrant may take two thousand (2,000) DAC-hours to represent one ALI, equivalent to a committed effective dose equivalent of five one-hundredths (0.05) Sv (five [5] Rem).

6.2.f. Dosimetry Processor - an individual or an organization that processes and evaluates individual monitoring devices in order to determine the radiation dose delivered to the monitoring devices.

6.2.g. Inhalation Class - a classification scheme for inhaled material according to its rate of clearance from the pulmonary region of the lung. Materials are classified as D, W, or Y, which applies to a range of clearance half-times: for Class D, days, of less than ten (10) days, for Class W, weeks, from ten (10) to one hundred (100) days , and for Class Y, years, of greater than one hundred (100) days.

6.2.h. Lung Class - a classification scheme for inhaled material according to its rate of clearance from the pulmonary region of the lung. Materials are classified as D, W, or Y, which applies to a range of clearance half-times: for Class D, days, of less than ten (10) days, for Class W, weeks, from ten (10) to one hundred (100) days , and for Class Y, years, of greater than one hundred (100) days.

6.2.i. Nonstochastic Effect - a health effect, the severity of which varies with the dose and for which a threshold is believed to exist. Radiation-induced cataract formation is an example of a nonstochastic effect. For purposes of this rule, "deterministic effect" is an equivalent term.

6.2.j. Planned Special Exposure - an infrequent exposure to radiation, separate from and in addition to the annual occupational dose limits.

6.2.k. Quarter - a period of time equal to one-fourth of the year observed by the registrant, approximately thirteen (13) consecutive weeks, providing that the beginning of the first quarter in a year coincides with the starting date of the year and that no day is omitted or duplicated in consecutive quarters.

6.2.l. Reference Man - a hypothetical aggregation of human physical and physiological characteristics determined by international consensus. These characteristics may be used by researchers and public health employees to standardize results of experiments and to relate biological insult to a common base. A description of the reference man is contained in the International Commission on Radiological Protection Report, ICRP publication 23, "Report of the Task Group on Reference Man."

6.2.m. Respiratory Protective Equipment - an apparatus, such as a respirator, used to reduce an individual's intake of airborne radioactive materials.

6.2.n. Sanitary Sewerage - a system of public sewers for carrying off waste water and refuse, but excluding sewage treatment facilities, septic tanks, and leach fields owned or operated by the registrant.

6.2.o. Stochastic Effect - a health effect that occurs randomly and for which the probability of the effect occurring, rather than its severity, is assumed to be a linear function of dose without threshold. Hereditary effects and cancer incidence are examples of stochastic effects. For purposes of this rule, "probabilistic effect" is an equivalent term.

6.2.p. Very High Radiation Area - an area, accessible to individuals, in which radiation levels could result in an individual receiving an absorbed dose in excess of five (5) Gy (five hundred [500] Rad) in one (1) hour at one (1) meter from a source of radiation or from any surface that the radiation penetrates.¹

6.2.q. Weighting Factor w_T for An Organ or Tissue (T) - the proportion of the risk of stochastic effects resulting from irradiation of that organ or tissue to the total risk of stochastic effects when the whole body is irradiated uniformly. For calculating the effective dose equivalent, the values of w_T are listed in Table 64-23 C.

6.3. Implementation

6.3.a. Any existing registration condition that is more restrictive than Section 6. remains in force until there is an amendment or renewal of the registration.

6.3.b. If a registration condition exempts a registrant from a provision of Section 6. in effect on or before July 1, 2001, it also exempts the registrant from the corresponding provision of Section 6.

6.3.c. If a registration condition cites provisions of Section 6. in effect prior to July 1, 2001, which do not correspond to any provisions of Section 6., the registration condition remains in force until there is an amendment or renewal of the registration that modifies or removes this condition.

6.4. Radiation Protection Programs.

6.4.a. Each registrant shall develop, document, and implement a radiation protection program sufficient to ensure compliance with the provisions of Section 6. See Subsection 6.41. for record keeping requirements relating to these programs.

6.4.b. The registrant shall use, to the extent practicable, procedures and engineering controls based upon sound radiation protection principles to achieve occupational doses and public doses that are as low as is reasonably achievable (ALARA).

6.4.c. The registrant shall, at intervals not to exceed twelve (12) months, review the radiation protection program content and implementation.

6.5. Occupational Dose Limits for Adults.

6.5.a. The registrant shall control the occupational dose to individual adults, except for planned special exposures pursuant to Subsection 6.10. to the following dose limits:

6.5.a.1. An annual limit, which is the more limiting of:

6.5.a.1.A. The total effective dose equivalent being equal to five one-hundredths (0.05) Sv (five [5] Rem); or

6.5.a.1.B. The sum of the deep dose equivalent and the committed dose equivalent to any individual organ or tissue other than the lens of the eye being equal to five-tenths (0.5) Sv (fifty [50] Rem).

6.5.a.2. The annual limits to the lens of the eye, to the skin, and to the extremities which are listed in Table 64-23 D.

6.5.a.2.A. An eye dose equivalent of fifteen one hundredths .15 Sv; and

6.5.a.2.B. A shallow dose equivalent of five-tenths (0.5) Sv (fifty [50] Rem) to the skin or to any extremity.

6.5.b. Doses received in excess of the annual limits, including doses received during accidents, emergencies, and planned special exposures, shall be subtracted from the limits for planned special exposures that the individual may receive during the current year and during the individual's lifetime. See Paragraphs 6.10.f.1. and 2.

6.5.c. The assigned deep dose equivalent and shallow dose equivalent shall be for the portion of the body receiving the highest exposure:

6.5.c.1. The deep dose equivalent, eye dose equivalent and shallow dose equivalent may be assessed from surveys or other radiation measurements for the purpose of demonstrating compliance with the occupational dose limits, if the individual monitoring device was not in the region of highest potential exposure, or the results of individual monitoring are unavailable; or

6.5.c.2. When a protective apron is worn while working with medical fluoroscopic equipment and monitoring is conducted as specified in Section 6.17.a.5., the effective dose equivalent for external radiation shall be determined as follows:

6.5.c.2.A. When only one individual monitoring device is used and it is located at the neck outside the protective apron, the reported deep dose equivalent shall be the effective dose equivalent for external radiation; or

6.5.c.2.B. When only one individual monitoring device is used and it is located at the neck outside the protective apron, and the reported dose exceeds twenty-five (25) percent of the limit specified in Subdivision 6.5.a., the reported deep dose equivalent value multiplied by three-tenths (0.3) shall be the effective dose equivalent for external radiation; or

6.5.c.2.C. When individual monitoring devices are worn, both under the protective apron at the waist and outside the protective apron at the neck, the effective dose equivalent for external radiation shall be assigned the value of the sum of the deep dose equivalent reported for the individual monitoring device located at the waist under the protective apron multiplied by one and five-tenths (1.5) and the deep dose equivalent reported for the individual monitoring device located at the neck outside the protective apron multiplied by four one-hundredths (0.04).

6.5.d. Derived air concentration (DAC) and annual limit on intake (ALI) values are specified in Table 64-23 F Table I and may be used to determine the individual's dose and to demonstrate compliance with the occupational dose limits. See Subsection 6.46.

6.5.e. Notwithstanding the annual dose limits, the or registrant shall limit the soluble uranium intake by an individual to ten (10) milligrams in a week in consideration of chemical toxicity (footnote ^c of Table 64-23 F).

6.5.f. The registrant shall reduce the dose that an individual may be allowed to receive in the current year by the amount of occupational dose received while employed by any other person during the current year (Subsection 6.9).

6.6. Compliance with Requirements for Summation of External and Internal Doses.

6.6.a. If the registrant is required to monitor pursuant to both Subdivisions 6.17.a. and b., the registrant shall demonstrate compliance with the dose limits by summing external and internal doses. If the registrant is required to monitor only pursuant to Subdivision 6.17.a. or only pursuant to Subdivision 6.17.b., then summation is not required to demonstrate compliance with the dose limits. The registrant may demonstrate compliance with the requirements for summation of external and internal doses pursuant to Subdivisions 6.6.b., c. and d. The dose equivalents for the lens of the eye, the skin, and the extremities are not included in the summation, but are subject to separate limits.

6.6.b. Intake by Inhalation. If the only intake of radionuclides is by inhalation, the total effective dose equivalent limit is not exceeded if the sum of the deep dose equivalent divided by the total effective dose equivalent limit, and one of the following, does not exceed unity:

6.6.b.1. The sum of the fractions of the inhalation ALI or each radionuclide; or

6.6.b.2. The total number of derived air concentration-hours (DAC-hours) for all radionuclides divided by two thousand (2,000); or

6.6.b.3. The sum of the calculated committed effective dose equivalents to all significantly irradiated organs or tissues (T) calculated from bioassay data using appropriate biological models and expressed as a fraction of the annual limit. For purposes of this requirement, an organ or tissue is deemed to be significantly irradiated if, for that organ or tissue, the product of the weighting factors, w_T, and the committed dose equivalent, H_T,50, per unit intake is greater than ten (10) percent of the maximum weighted value of H_T,50, that is, w_TH_T,50, per unit intake for any organ or tissue.

6.6.c. Intake by Oral Ingestion. If the occupationally exposed individual receives an intake of radionuclides by oral ingestion greater than ten (10) percent of the applicable oral ALI, the registrant shall account for this intake and include it in demonstrating compliance with the limits.

6.6.d. Intake through Wounds or Absorption through Skin. The registrant shall evaluate and, to the extent practical, account for intakes through wounds or skin absorption. The intake through intact skin has been included in the calculation of DAC for Hydrogen-3 and does not need to be evaluated or accounted for pursuant to Subsection 6.6.d.

6.6.e. Orders Requiring Furnishing of Bioassay Services - Where necessary or desirable in order to aid in determining the extent of an individual's exposure to concentrations of radioactive material, the agency may incorporate registration provisions or issue an order requiring a registrant to make available to the individual appropriate bioassay services and to furnish a copy of the reports of such services to the agency.

6.7. Determination of External Dose from Airborne Radioactive Material.

6.7.a. Registrants shall, when determining the dose from airborne radioactive material, include the contribution to the deep dose equivalent, eye dose equivalent, and shallow dose equivalent from external exposure to the radioactive cloud. See Table 64-23-F, footnotes ^a and ^b.

6.7.b. Airborne radioactivity measurements and DAC values shall not be used as the primary means to assess the deep dose equivalent when the airborne radioactive material includes radionuclides other than noble gases or if the cloud of airborne radioactive material is not relatively uniform. The determination of the deep dose equivalent to an individual shall be based upon measurements using instruments or individual monitoring devices.

6.8. Determination of Internal Exposure.

6.8.a. For purposes of assessing dose used to determine compliance with occupational dose equivalent limits, the registrant shall, when required pursuant to Subsection 6.17., take suitable and timely measurements of:

6.8.a.1. Concentrations of radioactive materials in air in work areas; or

6.8.a.2. Quantities of radionuclides in the body; or

6.8.a.3. Quantities of radionuclides excreted from the body; or

6.8.a.4. Combinations of these measurements.

6.8.b. Unless respiratory protective equipment is used, as provided in Section 6.24., or the assessment of intake is based on bioassays, the registrant shall assume that an individual inhales radioactive material at the airborne concentration in which the individual is present.

6.8.c. When specific information on the physical and biochemical properties of the radionuclides taken into the body or the behavior of the material in an individual is known, the registrant may:

6.8.c.1. Use that information to calculate the committed effective dose equivalent, and, if used, the registrant shall document that information in the individual's record; and

6.8.c.2. Upon prior approval of the agency, adjust the DAC or ALI values to reflect the actual physical and chemical characteristics of airborne radioactive material, for example, aerosol size distribution or density; and

6.8.c.3. Separately assess the contribution of fractional intakes of Class D, W, or Y compounds of a given radionuclide to the committed effective dose equivalent. See Table 64-23 F.

6.8.d. If the registrant chooses to assess intakes of class y material using the measurements given in Paragraph 6.8.a.2. or 3., the registrant may delay the recording and reporting of the assessments for periods up to seven (7) months, unless otherwise required by Subsections 6.42. or 6.43. This delay permits the registrant to make additional measurements basic to the assessments.

6.8.e. If the identity and concentration of each radionuclide in a mixture are known, the fraction of the DAC applicable to the mixture for use in calculating DAC-hours shall be either:

6.8.e.1. The sum of the ratios of the concentration to the appropriate DAC value, that is, D, W, or Y, from Table 64-23 F for each radionuclide in the mixture; or

6.8.e.2. The ratio of the total concentration for all radionuclides in the mixture to the most restrictive DAC value for any radionuclide in the mixture.

6.8.f. If the identity of each radionuclide in a mixture is known, but the concentration of one or more of the radionuclides in the mixture is not known, the DAC for the mixture shall be the most restrictive DAC of any radionuclide in the mixture.

6.8.g. When a mixture of radionuclides in air exists, a registrant may disregard certain radionuclides in the mixture if:

6.8.g.1. The registrant uses the total activity of the mixture in demonstrating compliance with the dose limits in Subsection 6.5. and in complying with the monitoring requirements in Paragraph 6.17.b.; and

6.8.g.2. The concentration of any radionuclide disregarded is less than ten (10) percent of its DAC; and

6.8.g.3. The sum of these percentages for all of the radionuclides disregarded in the mixture does not exceed thirty (30) percent.

6.8.h. When determining the committed effective dose equivalent, the following information may be considered:

6.8.h.1. In order to calculate the committed effective dose equivalent, the registrant may assume that the inhalation of one ALI, or an exposure of two thousand (2,000) DAC-hours, results in a committed effective dose equivalent of five one-hundredths (0.05) Sv (five [5] Rem) for radionuclides that have their ALIs or DACS based on the committed effective dose equivalent;

6.8.h.2. For an ALI and the associated DAC determined by the nonstochastic organ dose limit of five tenths (0.5) Sv (fifty [50] Rem), the intake of radionuclides that would result in a committed effective dose equivalent of five one-hundredths (0.05) Sv (five [5] Rem), that is, the stochastic ALI, is listed in parentheses in Table I of Table 64-23 F. The registrant may, as a simplifying assumption, use the stochastic ALI to determine committed effective dose equivalent. However, if the registrant uses the stochastic ALI, the registrant shall also demonstrate that the limit in Subparagraph 6.5.a.1.B. is met.

6.9. Determination of Prior Occupational Dose.

6.9.a. For each individual who may enter the registrant's restricted area and is likely to receive, in a year, an occupational dose requiring monitoring pursuant to Subsection 6.17. the registrant shall:

6.9.a.1. Determine the occupational radiation dose received during the current year; and

6.9.a.2. Attempt to obtain the records of lifetime cumulative occupational radiation dose.

6.9.b. Prior to permitting an individual to participate in a planned special exposure, the registrant shall determine:

6.9.b.1. The internal and external doses from all previous planned special exposures; and

6.9.b.2. All doses in excess of the limits, including doses received during accidents and emergencies, received during the lifetime of the individual.

6.9.c. In complying with the requirements of Subdivision 6.9.a., a registrant may:

6.9.c.1. Accept, as a record of the occupational dose that the individual received during the current year, a written signed statement from the individual, or from the individual's most recent employer for work involving radiation exposure, that discloses the nature and the amount of any occupational dose that the individual received during the current year; and

6.9.c.2. Accept, as the record of lifetime cumulative radiation dose, an up-to-date Agency Form Y or equivalent, signed by the individual and countersigned by an appropriate official of the most recent employer for work involving radiation exposure, or the individual's current employer, if the individual is not employed by the registrant; and

6.9.c.3. Obtain reports of the individual's dose equivalent from the most recent employer for work involving radiation exposure, or the individual's current employer, if the individual is not employed by the registrant, by telephone, telegram, facsimile, or letter. The registrant shall request a written verification of the dose data if the authenticity of the transmitted report cannot be established.

6.9.d. The registrant shall record the exposure history, as required by Subdivision 6.9.a., on Agency Form Y, or other clear and legible record, of all the information required on that form. The form or record shall show each period in which the individual received occupational exposure to radiation or radioactive material and shall be signed by the individual who received the exposure. For each period for which the registrant obtains reports, the registrant shall use the dose shown in the report in preparing Agency Form Y or equivalent. For any period in which the registrant does not obtain a report, the registrant shall place a notation on Agency Form Y or equivalent indicating the periods of time for which data are not available.

6.9.e. Registrants are not required to partition historical dose between external dose equivalent and internal committed dose equivalent. Further, occupational exposure histories obtained and recorded on Agency Form Y or equivalent before July 1, 2001, might not have included effective dose equivalent, but may be used in the absence of specific information on the intake of radionuclides by the individual.

6.9.f. If the registrant is unable to obtain a complete record of an individual's current and previously accumulated occupational dose, the registrant shall assume:

6.9.f.1. In establishing administrative controls pursuant to Subdivision 6.5.f. for the current year, that the allowable dose limit for the individual is reduced by twelve and five tenths (12.5) mSv (one and twenty five one-hundredths [1.25] Rem) for each quarter for which records were unavailable and the individual was engaged in activities that could have resulted in occupational radiation exposure; and

6.9.f.2. That the individual is not available for planned special exposures.

6.9.g. The registrant shall retain the records on Agency Form Y or equivalent until the agency terminates each pertinent registration requiring this record. The registrant shall retain records used in preparing Agency Form Y or equivalent for three (3) years after the record is made.

6.10. Planned Special Exposures.

6.10.a. A registrant may authorize an adult worker to receive doses in addition to and accounted for separately from the doses received under the limits specified in Subsection 6.5. provided that each of the following conditions is satisfied:

6.10.b. The registrant authorizes a planned special exposure only in an exceptional situation when alternatives that might avoid the higher exposure are unavailable or impractical;

6.10.c. The registrant, and employer if the employer is not the registrant, specifically authorizes the planned special exposure, in writing, before the exposure occurs;

6.10.d. Before a planned special exposure, the registrant ensures that each individual involved is:

6.10.d.1. Informed of the purpose of the planned operation; and

6.10.d.2. Informed of the estimated doses and associated potential risks and specific radiation levels or other conditions that might be involved in performing the task; and

6.10.d.3. Instructed in the measures to be taken to keep the dose ALARA considering other risks that may be present;

6.10.e. Prior to permitting an individual to participate in a planned special exposure, the registrant ascertains prior doses as required by subdivision 6.9.b. during the lifetime of the individual for each individual involved;

6.10.f. Subject to Subdivision 6.5.b., the registrant shall not authorize a planned special exposure that would cause an individual to receive a dose from all planned special exposures and all doses in excess of the limits to exceed:

6.10.f.1. The numerical values of any of the dose limits in Subdivision 6.5.a. in any year; and

6.10.f.2. Five (5) times the annual dose limits in Subdivision 6.5.a. during the individual's lifetime;

6.10.g. The registrant maintains records of the conduct of a planned special exposure in accordance with Subsection 6.45. and submits a written report in accordance with Subsection 6.55.;

6.10.h. The registrant records the best estimate of the dose resulting from the planned special exposure in the individual's record and informs the individual, in writing, of the dose within thirty (30) days from the date of the planned special exposure. The dose from planned special exposures shall not be considered in controlling future occupational dose of the individual pursuant to Subdivision 6.5.a. but shall be included in evaluations required by Subdivisions 6.10.d. and e.

6.11. Occupational Dose Limits for Minors. The annual occupational dose limits for minors are ten (10) percent of the annual occupational dose limits specified for adult workers in Subsection 6.5.

6.12. Dose to an Embryo or Fetus.

6.12.a. The registrant shall ensure that the dose to an embryo or fetus during the entire pregnancy, due to occupational exposure of a declared pregnant woman, does not exceed five (5) mSv [five-tenths (0.5 Rem)]. See Subsection 6.46. for record keeping requirements.

6.12.b. The registrant shall make efforts to avoid substantial variation ²above a uniform monthly exposure rate to a declared pregnant woman so as to satisfy the limit in Subdivision 6.12.a.

6.12.c. The dose to an embryo or fetus shall be taken as the sum of:

6.12.c.1. The dose to the embryo or fetus from radionuclides in the embryo or fetus and radionuclides in the declared pregnant woman; and

6.12.c.2. The dose that is most representative of the dose to the embryo or fetus from external radiation, that is, in the mother's lower torso region.

6.12.c.2.A. If multiple measurements have not been made, assignment of the highest deep dose equivalent for the declared pregnant woman shall be the dose to the embryo or fetus, in accordance with Subdivision 6.9.c.; or

6.12.c.2.B. If multiple measurements have been made, assignment of the deep dose equivalent for the declared pregnant woman from the individual monitoring device which is most representative of the dose to the embryo or fetus shall be the dose to the embryo or fetus. Assignment of the highest deep dose equivalent for the declared pregnant woman to the embryo or fetus is not required unless that dose is also the most representative deep dose equivalent for the region of the embryo or fetus.

6.12.d. If by the time the woman declares pregnancy to the registrant, the dose to the embryo or fetus has exceeded four and five-tenths (4.5) mSv (forty-five one-hundredths [0.45 Rem]), the or registrant shall be deemed to be in compliance with Section 6.12.a. if the additional dose to the embryo or fetus does not exceed five-tenths (0.5) mSv (five one-hundredths [0.05] Rem) during the remainder of the pregnancy.

6.13. Dose Limits for Individual Members of the Public.

6.13.a. Each registrant shall conduct operations so that:

6.13.a.1. Except as provided in item 6.13.a.3., the total effective dose equivalent to individual members of the public from the registered operation does not exceed one (1) mSv (one-tenth [0.1] Rem) in a year, exclusive of the dose contribution from the registrant's disposal of radioactive material into sanitary sewerage in accordance with Subsection 6.35.; and

6.13.a.2. The dose in any unrestricted area from external sources does not exceed two one-hundredths (0.02) mSv (two one-thousandths [0.002] Rem) in any one hour; and

6.13.a.3. The total effective dose equivalent to individual members of the public from infrequent exposure to radiation from radiation machines does not exceed five (5) mSv (five-tenths [0.5] Rem).

6.13.b. If the registrant permits members of the public to have access to restricted areas, the limits for members of the public continue to apply to those individuals.

6.13.c. A registrant or an applicant for registration may apply for prior agency authorization to operate up to an annual dose limit for an individual member of the public of five (5) mSv (five-tenths [0.5] Rem). This application shall include the following information:

6.13.c.1. Demonstration of the need for and the expected duration of operations in excess of the limit in 6.13.a.; and

6.13.c.2. The registrant's program to assess and control dose within the five (5) mSv (five-tenths [0.5] Rem) annual limit; and

6.13.c.3. The procedures to be followed to maintain the dose ALARA.

6.13.d. In addition to the requirements of Section 6., a registrant subject to the provisions of the United States Environmental Protection Agency's generally applicable Environmental Radiation Standards in 40 CFR 190 shall comply with those standards.

6.13.e. The agency may impose additional restrictions on radiation levels in unrestricted areas and on the total quantity of radionuclides that a registrant may release in effluents in order to restrict the collective dose.

6.14. Compliance with Dose Limits for Individual Members of the Public.

6.14.a. The registrant shall make or cause to be made surveys of radiation levels in unrestricted areas and radioactive materials in effluents released to unrestricted areas to demonstrate compliance with the dose limits for individual members of the public in Subsection 6.13.

6.14.b. A registrant shall show compliance with the annual dose limit in Subsection 6.13. by:

6.14.b.1. Demonstrating by measurement or calculation that the total effective dose equivalent to the individual likely to receive the highest dose from the registered operation does not exceed the annual dose limit; or

6.14.b.2. Demonstrating that:

6.14.b.2.A. The annual average concentrations of radioactive material released in gaseous and liquid effluents at the boundary of the unrestricted area do not exceed the values specified in Table II of Table 64-23 F; and

6.14.b.2.B. If an individual were continuously present in an unrestricted area, the dose from external sources would not exceed two one-hundredths (0.02) mSv (two one-thousandths [0.002] Rem) in an hour and five-tenths (0.5) mSv (five one-hundredths [0.05] Rem) in a year.

6.14.c. Upon approval from the agency, the registrant may adjust the effluent concentration values in Table 64-23 F, or members of the public, to take into account the actual physical and chemical characteristics of the effluents, such as aerosol size distribution, solubility, density, radioactive decay equilibrium, and chemical form.

6.15. Testing for Leakage or Contamination of Sealed Sources.

6.15.a. The registrant in possession of any sealed source shall assure that:

6.15.a.1. Each sealed source, except as specified in Subdivision 6.15.b., is tested for leakage or contamination and the test results are received before the sealed source is put into use unless the registrant has a certificate from the transferor indicating that the sealed source was tested within six (6) months before transfer to the registrant monitoring device used for monitoring the dose to the whole body shall be worn at the unshielded location of the whole body likely to receive the highest exposure. When a protective apron is worn, the location of the individual monitoring device is typically at the neck (collar);

6.15.a.2. Each sealed source that is not designed to emit alpha particles is tested for leakage or contamination at intervals not to exceed 6 months or at alternative intervals approved by the agency, after evaluation of information specified by of this rule, an agreement state, a licensing state, or the Nuclear Regulatory Commission;

6.15.a.3. Each sealed source that is designed to emit alpha particles is tested for leakage or contamination at intervals not to exceed 3 months or at alternative intervals approved by the agency, after evaluation of information specified by this rule, an agreement state, a licensing state, or the Nuclear Regulatory Commission;

6.15.a.4. For each sealed source that is required to be tested for leakage or contamination, at any other time there is reason to suspect that the sealed source might have been damaged or might be leaking, the registrant shall assure that the sealed source is tested for leakage or contamination before further use;

6.15.a.5. Tests for leakage for all sealed sources, except brachytherapy sources manufactured to contain radium, shall be capable of detecting the presence of one hundred eighty-five (185) Bq (five one-thousandths [0.005] :Ci) of radioactive material on a test sample. Test samples shall be taken from the sealed source or from the surfaces of the container in which the sealed source is stored or mounted on which one might expect contamination to accumulate. For a sealed source contained in a device, test samples are obtained when the source is in the "off" position;

6.15.a.6. The test for leakage for brachytherapy sources manufactured to contain radium shall be capable of detecting an absolute leakage rate of thirty-seven (37) Bq (one one-thousandths [0.001] :Ci) of Radon-222 in a twenty-four 24 hour period when the collection efficiency for Radon-222 and its daughters has been determined with respect to collection method, volume and time;

6.15.a.7. Tests for contamination from radium daughters shall be taken on the interior surface of brachytherapy source storage containers and shall be capable of detecting the presence of one hundred eighty-five (185) Bq (five one-thousandths [0.005] :Ci) of a radium daughter which has a half-life greater than four (4) days.

6.15.b. A registrant need not perform test for leakage or contamination on the following sealed sources:

6.15.b.1. Sealed sources containing only radioactive material with a half-life of less than thirty (30) days;

6.15.b.2. Sealed sources containing only radioactive material as a gas;

6.15.b.3. Sealed sources containing three and seven-tenth (3.7) MBq (one hundred [100] :Ci) or less of beta or photon-emitting material or three hundred seventy (370) kBq (ten [10] :Ci) or less of alpha-emitting material;

6.15.b.4. Sealed sources containing only hydrogen-3;

6.15.b.5. Seeds of Iridium-192 encased in nylon ribbon; and

6.15.b.6. Sealed sources, except teletherapy and brachytherapy sources, which are stored, not being used and identified as in storage. The registrant shall, however, test each such sealed source for leakage or contamination and receive the test results before any use or transfer unless it has been tested for leakage or contamination within six (6) months before the date of use or transfer.

6.15.c. Tests for leakage or contamination from sealed sources shall be performed by persons specifically authorized by the agency, an agreement state, a licensing state, or the Nuclear Regulatory Commission to perform such services.

6.15.d. Test results shall be kept in units of becquerel or microcurie and maintained for inspection by the agency. Records of test results for sealed sources shall be made pursuant to Subsection 6.43.

6.15.e. The following shall be considered evidence that a sealed source is leaking:

6.15.e.1. The presence of one hundred eighty-five (185) Bq (five one-thousandths [0.005] :Ci) or more of removable contamination on any test sample;

6.15.e.2. Leakage of thirty-seven (37) Bq (one one-thousandth [0.001] :Ci) of Radon-222 per twenty four (24) hours for brachytherapy sources manufactured to contain radium;

6.15.e.3. The presence of removable contamination resulting from the decay of one hundred eighty-five (185) Bq (five one-thousandths [0.005] :Ci) or more of radium.

6.15.f. The registrant shall immediately withdraw a leaking sealed source from use and shall take action to prevent the spread of contamination. The leaking sealed source shall be repaired or disposed of in accordance with this Section.

6.15.g. Reports of test results for leaking or contaminated sealed sources shall be made pursuant to Subsection 6.58.

6.16. Surveys and Monitoring

6.16.a. Each registrant shall make, or cause to be made, surveys that:

6.16.a.1. Are necessary for the registrant to comply with Section 6.; and

6.16.a.2. Are necessary under the circumstances to evaluate:

6.16.a.2.A. Radiation levels; and

6.16.a.2.B. Concentrations or quantities of radioactive material; and

6.16.a.2.C. The potential radiological hazards that could be present.

6.16.b. The registrant shall ensure that instruments and equipment used for quantitative radiation measurements, for example, dose rate and effluent monitoring, are calibrated at intervals not to exceed twelve (12) months for the radiation measured, except when a more frequent interval is specified in another applicable Section of this rule.

6.16.c. All personnel dosimeters, except for direct and indirect reading pocket ionization chambers and those dosimeters used to measure the dose to any extremity, that require processing to determine the radiation dose and that are used by registrants to comply with Subsection 6.5., with other applicable provisions of this rule, or with conditions specified in a registration shall be processed and evaluated by a dosimetry processor:

6.16.c.1. Holding current personnel dosimetry accreditation from the national voluntary laboratory accreditation program of the national institute of standards and technology; and

6.16.c.2. Approved in this accreditation process for the type of radiation or radiations included in the national voluntary laboratory accreditation program that most closely approximates the type of radiation or radiations for which the individual wearing the dosimeter is monitored.

6.16.d. The registrant shall ensure that adequate precautions are taken to prevent a deceptive exposure of an individual monitoring device.

6.17. Conditions Requiring Individual Monitoring of External and Internal Occupational Dose.

6.17.a. Each registrant shall monitor exposures from sources of radiation at levels sufficient to demonstrate compliance with the occupational dose limits of Section 6. As a minimum:

6.17.a.1. Each registrant shall monitor occupational exposure to radiation and shall supply and require the use of individual monitoring devices by:

6.17.a.2. Adults likely to receive, in 1 year from sources external to the body, a dose in excess of 10 percent of the limits in Subdivision 6.5.a.;

6.17.a.3. Minors and declared pregnant women likely to receive, in 1 year from sources external to the body, a dose in excess of ten (10) percent of any of the applicable limits in Subsection 6.11. or Subsection 6.12.;

6.17.a.4. Individuals entering a high or very high radiation area; and

6.17.a.5. Individuals working with medical fluoroscopic equipment;

6.17.a.5.A. An individual monitoring device used for the dose to an embryo or fetus of a declared pregnant woman, pursuant to Subdivision 6.12.a., shall be located under the protective apron at the waist;

6.17.a.5.B. An individual monitoring device used for eye dose equivalent shall be located at the neck, or an unshielded location closer to the eye, outside the protective apron; and

6.17.a.5.C. When only 1 individual monitoring device is used to determine the effective dose equivalent for external radiation pursuant to Paragraph 6.5.c.2., it shall be located at the neck outside the protective apron. When a second individual monitoring device is used, for the same purpose, it shall be located under the protective apron at the waist. The second individual monitoring device is required for a declared pregnant woman.

6.17.b. Each registrant shall monitor, to determine compliance with Subsection 6.8., the occupational intake of radioactive material by and assess the committed effective dose equivalent to:

6.17.b.1. Adults likely to receive, in one (1) year, an intake in excess of ten (10) percent of the applicable ALI in Table I, Columns 1 and 2, of Table 64-23 F; and

6.17.b.2. Minors and declared pregnant women likely to receive, in one(1) year, a committed effective dose equivalent in excess of five tenths (0.5) mSv (five one-hundredths [0.05] Rem).

6.18. Location of Individual Monitoring Devices.

6.18.a. Each registrant shall ensure that individuals who are required to monitor occupational doses in accordance with Subdivision 6.17.a. wear individual monitoring devices as follows:

6.18.a.1. An individual monitoring device used for monitoring the dose to the whole body shall be worn at the unshielded location of the whole body likely to receive the highest exposure. When a protective apron is worn, the location of the individual monitoring device is typically at the neck (collar);

6.18.a.2. An individual monitoring device used for monitoring the dose to an embryo or fetus of a declared pregnant woman, pursuant to Subdivision 6.12.a., shall be located at the waist under any protective apron being worn by the woman;

6.18.a.3. An individual monitoring device used for monitoring the eye dose equivalent, to demonstrate compliance with Subparagraph 6.5.a.2.A., shall be located at the neck (collar), outside any protective apron being worn by the monitored individual, or at an unshielded location closer to the eye;

6.18.a.4. An individual monitoring device used for monitoring the dose to the extremities, to demonstrate compliance with Paragraph 6.5.a.2., shall be worn on the extremity likely to receive the highest exposure. Each individual monitoring device shall be oriented to measure the highest dose to the extremity being monitored;

6.18.a.5. An individual monitoring device used for monitoring the dose to an embryo or fetus of a declared pregnant woman, pursuant to Subdivision 6.12.a., shall be located at the waist under any protective apron being worn by the woman;

6.18.a.6. An individual monitoring device used for monitoring the eye dose equivalent, to demonstrate compliance with Subparagraph 6.5.a.2.A., shall be located at the neck (collar), outside any protective apron being worn by the monitored individual, or at an unshielded location closer to the eye;

6.18.a.7. An individual monitoring device used for monitoring the dose to the extremities, to demonstrate compliance with Subparagraph 6.5.a.2.B., shall be worn on the extremity likely to receive the highest exposure. Each individual monitoring device shall be oriented to measure the highest dose to the extremity being monitored.

6.19. Control of Access to High Radiation Areas.

6.19.a. The registrant shall ensure that each entrance or access point to a high radiation area has one or more of the following features:

6.19.a.1. A control device that, upon entry into the area, causes the level of radiation to be reduced below that level at which an individual might receive a deep dose equivalent of one (1) mSv (one-tenth [0.1] Rem) in one (1) hour at thirty (30) centimeters from the source of radiation or from any surface that the radiation penetrates; or

6.19.a.2. A control device that energizes a conspicuous visible or audible alarm signal so that the individual entering the high radiation area and the supervisor of the activity are made aware of the entry; or

6.19.a.3. Entryways that are locked, except during periods when access to the areas is required, with positive control over each individual entry.

6.19.b. In place of the controls required by Subdivision 6.19.a. for a high radiation area, the registrant may substitute continuous direct or electronic surveillance that is capable of preventing unauthorized entry.

6.19.c. The registrant may apply to the agency for approval of alternative methods for controlling access to high radiation areas.

6.19.d. The registrant shall establish the controls required by Subdivisions 6.19.a. and c. in a way that does not prevent individuals from leaving a high radiation area.

6.19.e. The registrant is not required to control each entrance or access point to a room or other area that is a high radiation area solely because of the presence of radioactive materials prepared for transport and packaged and labeled in accordance with the rules of the Department of Transportation provided that:

6.19.e.1. The packages do not remain in the area longer than three (3) days; and

6.19.e.2. The dose rate at 1 meter from the external surface of any package does not exceed one tenth (0.1) mSv (one one-hundredth [0.01] Rem) per hour.

6.19.f. The registrant is not required to control entrance or access to rooms or other areas in hospitals solely because of the presence of patients containing radioactive material, provided that there are personnel in attendance who are taking the necessary precautions to prevent the exposure of individuals to radiation or radioactive material in excess of the established limits in Section 6. and to operate within the ALARA provisions of the registrant's radiation protection program.

6.19.g. The registrant is not required to control entrance or access to rooms or other areas containing sources of radiation capable of producing a high radiation area as described in Subsection 6.19. if the registrant has met all the specific requirements for access and control specified in other applicable Sections of this rule, such as, Section 7. for x-rays in the healing arts, Section 9. for industrial radiography, and Section 10. for particle accelerators.

6.20. Control of Access to Very High Radiation Areas.

6.20.a. In addition to the requirements in Subsection 6.19., the registrant shall institute measures to ensure that an individual is not able to gain unauthorized or inadvertent access to areas in which radiation levels could be encountered at five (5) Gy (five hundred [500] Rad) or more in one (1) hour at one (1) meter from a source of radiation or any surface through which the radiation penetrates. This requirement does not apply to rooms or areas in which diagnostic x-ray systems are the only source of radiation, or to non-self-shielded irradiators.

6.20.b. The registrant is not required to control entrance or access to rooms or other areas containing sources of radiation capable of producing a very high radiation area as described in Subdivision 6.20.a. if the registrant has met all the specific requirements for access and control specified in other applicable Sections of this rule, such as, Section 7. for x- rays in the healing arts, Section 9. for industrial radiography, and Section 10. for particle accelerators.

6.21. Control of Access to Very High Radiation Areas -- Irradiators.

6.21.a. Subsection 6.21. applies to registrants with sources of radiation in non-self-shielded irradiators. Subsection 6.21. does not apply to sources of radiation that are used in teletherapy, in industrial radiography, or in completely self-shielded irradiators in which the source of radiation is both stored and operated within the same shielding radiation barrier and, in the designed configuration of the irradiator, is always physically inaccessible to any individual and cannot create high levels of radiation in an area that is accessible to any individual.

6.21.b. Each area in which there may exist radiation levels in excess of five (5) Gy (five hundred [500] Rad) in one (1) hour at one (1) meter from a source of radiation that is used to irradiate materials shall meet the following requirements:

6.21.b.1. Each entrance or access point shall be equipped with entry control devices which:

6.21.b.1.A. Function automatically to prevent any individual from inadvertently entering a very high radiation area; and

6.21.b.1.B. Permit deliberate entry into the area only after a control device is actuated that causes the radiation level within the area, from the source of radiation, to be reduced below that at which it would be possible for an individual to receive a deep dose equivalent in excess of one (1) mSv (one tenth [0.1] Rem) in one (1) hour; and

6.21.b.1.C. Prevent operation of the source of radiation if it would produce radiation levels in the area that could result in a deep dose equivalent to an individual in excess of one (1) mSv (one tenth [0.1] Rem) in one (1) hour.

6.21.b.2. Additional control devices shall be provided so that, upon failure of the entry control devices to function as required by Paragraph 6.21.b.1.:

6.21.b.2.A. The radiation level within the area, from the source of radiation, is reduced below that at which it would be possible for an individual to receive a deep dose equivalent in excess of one (1) mSv (one tenth [0.1] Rem) in one (1) hour; and

6.21.b.2.B. Conspicuous visible and audible alarm signals are generated to make an individual attempting to enter the area aware of the hazard and at least one other authorized individual, who is physically present, familiar with the activity, and prepared to render or summon assistance, aware of the failure of the entry control devices.

6.21.b.3. The registrant shall provide control devices so that, upon failure or removal of physical radiation barriers other than the sealed source's shielded storage container:

6.21.b.3.A. The radiation level from the source of radiation is reduced below that at which it would be possible for an individual to receive a deep dose equivalent in excess of one (1) mSv (one tenth [0.1] Rem) in 1 hour; and

6.21.b.3.B. Conspicuous visible and audible alarm signals are generated to make potentially affected individuals aware of the hazard and the registrant or at least one other individual, who is familiar with the activity and prepared to render or summon assistance, aware of the failure or removal of the physical barrier.

6.21.b.4. When the shield for stored sealed sources is a liquid, the registrant shall provide means to monitor the integrity of the shield and to signal, automatically, loss of adequate shielding.

6.21.b.5. Physical radiation barriers that comprise permanent structural components, such as walls, that have no credible probability of failure or removal in ordinary circumstances need not meet the requirements of Paragraphs 6.21.b.3. and 4.

6.21.b.6. Each area shall be equipped with devices that will automatically generate conspicuous visible and audible alarm signals to alert personnel in the area before the source of radiation can be put into operation and in time for any individual in the area to operate a clearly identified control device, which must be installed in the area and which can prevent the source of radiation from being put into operation.

6.21.b.7. Each area shall be controlled by use of such administrative procedures and such devices as are necessary to ensure that the area is cleared of personnel prior to each use of the source of radiation.

6.21.b.8. Each area shall be checked by a radiation measurement to ensure that, prior to the first individual's entry into the area after any use of the source of radiation, the radiation level from the source of radiation in the area is below that at which it would be possible for an individual to receive a deep dose equivalent in excess of one (1) mSv (one tenth [0.1] Rem) in 1 hour.

6.21.b.9. The entry control devices required in Paragraph 6.21.b.1. shall be tested for proper functioning. See Subsection 6.42. for recordkeeping requirements.

6.21.b.9.A. Testing shall be conducted prior to initial operation with the source of radiation on any day, unless operations were continued uninterrupted from the previous day; and

6.21.b.9.B. Testing shall be conducted prior to resumption of operation of the source of radiation after any unintentional interruption; and

6.21.b.9.C. The registrant shall submit and adhere to a schedule for periodic tests of the entry control and warning systems.

6.21.b.10. The registrant shall not conduct operations, other than those necessary to place the source of radiation in safe condition or to effect repairs on controls, unless control devices are functioning properly.

6.21.b.11. Entry and exit portals that are used in transporting materials to and from the irradiation area, and that are not intended for use by individuals, shall be controlled by such devices and administrative procedures as are necessary to physically protect and warn against inadvertent entry by any individual through these portals. Exit portals for irradiated materials shall be equipped to detect and signal the presence of any loose radioactive material that is carried toward such an exit and automatically to prevent loose radioactive material from being carried out of the area.

6.21.c. Registrants, or applicants for registrations for sources of radiation within the purview of Subdivision 6.21.b. which will be used in a variety of positions or in locations, such as open fields or forests, that make it impracticable to comply with certain requirements of Subdivision 6.21.b., such as those for the automatic control of radiation levels, may apply to the agency for approval of alternative safety measures. Alternative safety measures shall provide personnel protection at least equivalent to those specified in Subdivision 6.21.b. At least one of the alternative measures shall include an entry-preventing interlock control based on a measurement of the radiation that ensures the absence of high radiation levels before an individual can gain access to the area where such sources of radiation are used.

6.21.d. The entry control devices required by Subdivisions 6.21.b. and c. shall be established in such a way that no individual will be prevented from leaving the area.

6.22. Use of Process or Other Engineering Controls. The registrant shall use, to the extent practicable, process or other engineering controls, such as, containment or ventilation, to control the concentrations of radioactive material in air.

6.23. Use of Other Controls. When it is not practicable to apply process or other engineering controls to control the concentrations of radioactive material in air to values below those that define an airborne radioactivity area, the registrant shall, consistent with maintaining the total effective dose equivalent ALARA, increase monitoring and limit intakes by one or more of the following means:

6.23.a. Control of access; or

6.23.b. Limitation of exposure times; or

6.23.c. Use of respiratory protection equipment; or

6.23.d. Other controls.

6.24. Use of Individual Respiratory Protection Equipment.

6.24.a. If the registrant uses respiratory protection equipment to limit intakes pursuant to Subsection 6.23:

6.24.a.1. Except as provided in Paragraph 6.24.a.2., the registrant shall use only respiratory protection equipment that is tested and certified or had certification extended by the National Institute for Occupational Safety and Health and the Mine Safety and Health Administration;

6.24.a.2. The registrant may use equipment that has not been tested or certified by the National Institute for Occupational Safety and Health and the Mine Safety and Health Administration has not had certification extended by the National Institute for Occupational Safety and Health and the Mine Safety and Health Administration, or for which there is no schedule for testing or certification, provided the registrant has submitted to the agency and the agency has approved an application for authorized use of that equipment, including a demonstration by testing, or a demonstration on the basis of test information, that the material and performance characteristics of the equipment are capable of providing the proposed degree of protection under anticipated conditions of use;

6.24.a.3. The registrant shall implement and maintain a respiratory protection program that includes:

6.24.a.3.A. Air sampling sufficient to identify the potential hazard, permit proper equipment selection, and estimate exposures; and

6.24.a.3.B. Surveys and bioassays, as appropriate, to evaluate actual intakes; and

6.24.a.3.C. Testing of respirators for operability immediately prior to each use; and

6.24.a.3.D. Written procedures regarding selection, fitting, issuance, maintenance, and testing of respirators, including testing for operability immediately prior to each use; supervision and training of personnel; monitoring, including air sampling and bioassays; and record keeping; and

6.24.a.3.E. Determination by a physician prior to initial fitting of respirators, and at least every twelve (12) months thereafter, that the individual user is physically able to use the respiratory protection equipment;

6.24.a.4. The registrant shall issue a written policy statement on respirator usage covering:

6.24.a.4.A. The use of process or other engineering controls, instead of respirators; and

6.24.a.4.B. The routine, nonroutine, and emergency use of respirators; and

6.24.a.4.C. The length of periods of respirator use and relief from respirator use;

6.24.a.5. The registrant shall advise each respirator user that the user may leave the area at any time for relief from respirator use in the event of equipment malfunction, physical or psychological distress, procedural or communication failure, significant deterioration of operating conditions, or any other conditions that might require such relief;

6.24.a.6. The registrant shall use respiratory protection equipment within the equipment manufacturer's expressed limitations for Type And mode of use and shall provide proper visual, communication, and other special capabilities, such as adequate skin protection, when needed.

6.24.b. When estimating exposure of individuals to airborne radioactive materials, the registrant may make allowance for respiratory protection equipment used to limit intakes pursuant to Subsection 6.23., provided that the following conditions, in addition to those in Subdivision 6.24.a., are satisfied:

6.24.b.1. The registrant selects respiratory protection equipment that provides a protection factor, specified in Table 64-23 E, greater than the multiple by which peak concentrations of airborne radioactive materials in the working area are expected to exceed the values specified in Table 64-23 F, Table I, column 3. However, if the selection of respiratory protection equipment with a protection factor greater than the peak concentration is inconsistent with the goal specified in Subsection 6.23. of keeping the total effective dose equivalent ALARA, the registrant may select respiratory protection equipment with a lower protection factor provided that such a selection would result in a total effective dose equivalent that is ALARA. The concentration of radioactive material in the air that is inhaled when respirators are worn may be initially estimated by dividing the average concentration in air, during each period of uninterrupted use, by the protection factor. If the exposure is later found to be greater than initially estimated, the corrected value shall be used; if the exposure is later found to be less than initially estimated, the corrected value may be used;

6.24.b.2. The registrant shall obtain authorization from the agency before assigning respiratory protection factors in excess of those specified in Table 64-23 E. The agency may authorize a registrant to use higher protection factors on receipt of an application that:

6.24.b.2.A. Describes the situation for which a need exists for higher protection factors; and

6.24.b.2.B. Demonstrates that the respiratory protection equipment provides these higher protection factors under the proposed conditions of use.

6.24.c. In an emergency, the registrant shall use as emergency equipment only respiratory protection equipment that has been specifically certified or had certification extended for emergency use by the National Institute for Occupational Safety and Health and the Mine Safety and Health Administration.

6.24.d. The registrant shall notify the agency in writing at least thirty (30) days before the date that respiratory protection equipment is first used pursuant to either Paragraph 6.24.a. or b.

6.25. Storage and Control of Registered Sources of Radiation.

6.25.a. The registrant shall secure registered radioactive material from unauthorized removal or access.

6.25.b. The registrant shall maintain constant surveillance, and use devices or administrative procedures to prevent unauthorized use of registered radioactive material that is in an unrestricted area and that is not in storage.

6.25.c. The registrant shall secure registered radiation machines from unauthorized removal.

6.25.d. The registrant shall use devices or administrative procedures to prevent unauthorized use of registered radiation machines.

6.25.e. Sources of radiation shall be secured against unauthorized removal from the place of storage and shall be provided with reasonable protection against loss, leakage, or dispersion be the effects of fire or water.

6.26. Caution Signs

6.26.a. Standard Radiation Symbol. Unless otherwise authorized by the agency, the symbol prescribed by Subsection 6.26. shall use the colors magenta, or purple, or black on yellow background. The symbol prescribed is the three-bladed design as follows:

1. Cross-hatched area is to be magenta, or purple, or black, and

2. The background is to be yellow.

Radiation Symbol

6.26.b. Exception ot Color Requirements for Standard Radiation Symbol. Notwithstanding the requirements of Subdivision 6.26.a., registrants are authorized to label sources, source holders, or device components containing sources of radiation that are subjected to high temperatures, with conspicuously etched or stamped radiation caution symbols and without a color requirement.

6.26.c. Additional Information on Signs and Labels. In addition to the contents of signs and labels prescribed in Section 6., the registrant may provide, on or near the required signs and labels, additional information, as appropriate, to make individuals aware of potential radiation exposures and to minimize the exposures.

6.27. Posting Requirements.

6.27.a. Posting of Radiation Areas. The registrant shall post each radiation area with a conspicuous sign or signs bearing the radiation symbol and the words "CAUTION, RADIATION AREA."

6.27.b. Posting of High Radiation Areas. The registrant shall post each high radiation area with a conspicuous sign or signs bearing the radiation symbol and the words "CAUTION, HIGH RADIATION AREA" or "DANGER, HIGH RADIATION AREA."

6.27.c. Posting of Very High Radiation Areas. The registrant shall post each very high radiation area with a conspicuous sign or signs bearing the radiation symbol and words "GRAVE DANGER, VERY HIGH RADIATION AREA."

6.27.c.1. Each entrance or access point to a high radiation area shall be:

6.27.c.1.A. Equipped with a control device which shall cause the level of radiation to be reduced below that at which an individual might receive a dose of one hundred (100) milliRems in one (1) hour upon entry into the area; or

6.27.c.1.B. Equipped with a control device which shall energize a conspicuous visible or audible alarm signal in such a manner that the individual entering the high radiation area and the registrant or a supervisor of the activity are made aware of the entry; or

6.27.c.1.C. Maintained locked except during periods when access to the area is required, with positive control over each individual entry.

6.27.c.1.D. The controls required by Paragraph 6.27.c.1. shall be established in such a way that no individual will be prevented from leaving a high radiation area.

6.27.c.2. In the case of a high radiation area established for a period of thirty (30) days or less, direct surveillance to prevent unauthorized entry may be substituted for the controls required by Paragraph 6.21.b.1.

6.27.c.3. Any registrant may apply to the agency for approval of methods not included in Subdivisions 6.21.b. and c. for controlling access to high radiation areas. The agency will approve the proposed alternatives if the registrant demonstrates that the alternative methods of control will prevent unauthorized entry into a high radiation area, and that the requirement of Subdivision 6.21.b. is met.

6.27.d. Posting of Airborne Radioactivity Areas. The registrant shall post each airborne radioactivity area with a conspicuous sign or signs bearing the radiation symbol and the words "CAUTION, AIRBORNE RADIOACTIVITY AREA" or "DANGER, AIRBORNE RADIOACTIVITY AREA."

6.27.e. Posting of Areas or Rooms in Which Registered Material is Used or Stored. The registrant shall post each area or room in which there is used or stored an amount of registered material exceeding 10 times the quantity of such material specified in Table 64-23 G with a conspicuous sign or signs bearing the radiation symbol and the words "CAUTION, RADIOACTIVE MATERIALS" or "DANGER, RADIOACTIVE MATERIALS."

6.28. Exceptions to Posting Requirements.

6.28.a. A registrant is not required to post caution signs in areas or rooms containing sources of radiation for periods of less than 8 hours, if each of the following conditions is met:

6.28.a.1. The sources of radiation are constantly attended during these periods by an individual who takes the precautions necessary to prevent the exposure of individuals to sources of radiation in excess of the limits established in Section 6.; and

6.28.a.2. The area or room is subject to the registrant's control.

6.28.b. Rooms or other areas in hospitals that are occupied by patients are not required to be posted with caution signs pursuant to Subsection 6.27. provided that the requirements of Paragraphs 11.38.b.2. or 11.44.b.3. of this rule are met.

6.28.c. Rooms or other areas in hospitals that are occupied by patients are not required to be posted with caution signs, provided that:

6.28.c.1. A patient being treated with a permanent implant could be released from confinement pursuant to Subsection 11.26. of this rule; or

6.28.c.2. A patient being treated with a therapeutic radiopharmaceutical could be released from confinement pursuant to Subdivision 11.38.c. of this rule.

6.28.d. A room or area is not required to be posted with a caution sign because of the presence of a sealed source provided the radiation level at thirty (30) centimeters from the surface of the sealed source container or housing does not exceed five one-hundredths (0.05) mSv (five one-thousandths [0.005] Rem) per hour.

6.28.e. A room or area is not required to be posted with a caution sign because of the presence of radiation machines used solely for diagnosis in the healing arts.

6.29. Labeling Containers and Radiation Machines.

6.29.a. The registrant shall ensure that each container of registered material bears a durable, clearly visible label bearing the radiation symbol and the words "CAUTION, RADIOACTIVE MATERIAL" or "DANGER, RADIOACTIVE MATERIAL." The label shall also provide information, such as the radionuclides present, an estimate of the quantity of radioactivity, the date for which the activity is estimated, radiation levels, kinds of materials, and mass enrichment, to permit individuals handling or using the containers, or working in the vicinity of the containers, to take precautions to avoid or minimize exposures.

6.29.b. Each registrant shall, prior to removal or disposal of empty uncontaminated containers to unrestricted areas, remove or deface the radioactive material label or otherwise clearly indicate that the container no longer contains radioactive materials.

6.29.c. Each registrant shall ensure that each radiation machine is labeled in a conspicuous manner which cautions individuals that radiation is produced when it is energized.

6.30. Exemptions to Labeling Requirements.

6.30.a. A registrant is not required to label:

6.30.a.1. Containers holding registered material in quantities less than the quantities listed in Table 64-23 G ; or

6.30.a.2. Containers holding registered material in concentrations less than those specified in Table III of Table 64-23 F; or

6.30.a.3. Containers attended by an individual who takes the precautions necessary to prevent the exposure of individuals in excess of the limits established by Section 6.; or

6.30.a.4. Containers when they are in transport and packaged and labeled in accordance with the rules of the Department of Transportation³; or

6.30.a.5. Containers that are accessible only to individuals authorized to handle or use them, or to work in the vicinity of the containers, if the contents are identified to these individuals by a readily available written record. Examples of containers of this Type Are containers in locations such as water-filled canals, storage vaults, or hot cells. The record shall be retained as long as the containers are in use for the purpose indicated on the record; or

6.30.a.6. Installed manufacturing or process equipment, such as piping and tanks.

6.31. Procedures for Receiving and Opening Packages.

6.31.a. Each registrant who expects to receive a package containing quantities of radioactive material in excess of a Type A quantity, as defined in Section 14. and Table 64-23 Ee of this rule, shall make arrangements to receive:

6.31.a.1. The package when the carrier offers it for delivery; or

6.31.a.2. The notification of the arrival of the package at the carrier's terminal and to take possession of the package expeditiously.

6.31.b. Each registrant shall:

6.31.b.1. Monitor the external surfaces of a labeled⁴ package for radioactive contamination unless the package contains only radioactive material in the form of gas or in special form as defined in Section 3. of this rule; and

6.31.b.2. Monitor the external surfaces of a labeled package for radiation levels unless the package contains quantities of radioactive material that are less than or equal to the Type A quantity, as defined in Section 3. and Table Ee of this rule; and

6.31.b.3. Monitor all packages known to contain radioactive material for radioactive contamination and radiation levels if there is evidence of degradation of package integrity, such as packages that are crushed, wet, or damaged.

6.31.c. The registrant shall perform the monitoring required by Subdivision 6.31.b. as soon as practicable after receipt of the package, but not later than three (3) hours after the package is received at the registrant's facility if it is received during the registrant's normal working hours or if there is evidence of degradation of package integrity, such as a package that is crushed, wet, or damaged. If a package is received after working hours, and has no evidence of degradation of package integrity, the package shall be monitored no later than three (3) hours from the beginning of the next working day.

6.31.d. The registrant shall immediately notify the final delivery carrier and, by telephone and either telegram, or facsimile, the agency when:

6.31.d.1. Removable radioactive surface contamination exceeds the limits of Subdivision 14.14.h. of this rule; or

6.31.d.2. External radiation levels exceed the limits of Subdivisions 14.14.j. and k. of this rule.

6.31.e. Each registrant shall:

6.31.e.1. Establish, maintain, and retain written procedures for safely opening packages in which radioactive material is received; and

6.31.e.2. Ensure that the procedures are followed and that due consideration is given to special instructions for the type of package being opened.

6.31.f. Registrants transferring special form sources in vehicles owned or operated by the registrant to and from a work site are exempt from the contamination monitoring requirements of Subsection 6.31.b., but are not exempt from the monitoring requirement in Subdivision 6.31.b. for measuring radiation levels that ensures that the source is still properly lodged in its shield.

6.32. Waste Disposal

6.32.a. General Requirements - No registrant shall dispose of any registered radioactive material except:

6.32.a.1. By transfer to an authorized recipient as provided in Subsection 6.39. or in Section 11. of this rule or to the Department of Energy; or

6.32.a.2. By release in effulents within limits of Subsection 6.13.; or

6.32.a.3. As authorized pursuant to Subsection 6.33., Subsection 6.34., Subsection 6.35., or Subsection 6.36.; or

6.32.a.4. By decay in storage.

6.32.b. A person shall be specifically registered to receive waste containing registered material from other persons for:

6.32.b.1. Treatment prior to disposal; or

6.32.b.2. Treatment or disposal by incineration; or

6.32.b.3. Decay in storage; or

6.32.b.4. Disposal at a land disposal facility; or

6.32.b.5. Storage until transferred to a storage or disposal facility authorized to receive the waste.

6.33. Methods of Obtaining Approval of Proposed Disposal Procedures

6.33.a. Any registrant or applicant for registration may apply to the agency for approval of proposed procedures to dispose of radioactive material in a manner not otherwise authorized in this Section.

6.33.b. Each application shall include a description of the radioactive material, including the quantities and kinds of radioactive material and levels of radioactivity involved, and the proposed manner and conditions of disposal.

6.33.c. The application, where appropriate should also include an analysis and evaluation of pertinent information as to the nature of the environment, including topographical, geological, meteorological and hydrological characteristics; usage of ground and surface waters in the general area; the nature and location of other potentially affected facilities; and procedures to be observed to minimize the risk of unexpected or hazardous exposures.

6.33.d. The agency will not approve any application for a registration to receive radioactive material from other persons for disposal on land not owned by a state or the federal government.

6.34. Disposal by Release Into Sanitary Sewerage Systems

6.34.a. No registrant shall dispose of radioactive material into a sanitary sewerage system unless:

6.34.a.1. It is readily soluble or dispersible in water;

6.34.a.2. The quantity of any registered radioactive material released into the system by the registrant in any one day does not exceed the larger of the following:

6.34.a.3. The quantity of registered radioactive material that the registrant releases into the sewer in one (1) month divided by the average monthly volume of water released into the sewer by the registrant does not exceed the concentration listed in Table III of Table 64-23 F; and

6.34.a.4. If more than one radionuclide is released, the following conditions must also be satisfied:

6.34.a.4.A. The registrant shall determine the fraction of the limit in Table III of Table 64-23 F represented by discharges into sanitary sewerage by dividing the actual monthly average concentration of each radionuclide released by the registrant into the sewer by the concentration of that radionuclide listed in Table III of Table 64-23 F; and

6.34.a.4.B. The sum of the fractions for each radionuclide required by Section 6.34.a.iii. does not exceed unity; and

6.34.a.4.C. The total quantity of registered radioactive material that the registrant releases into the sanitary sewerage in a year does not exceed one hundred eighty five (185) GBq (five [5] Ci) of Hydrogen-3, thirty seven (37) GBq (one [1] Ci) of Carbon-14, and thirty seven (37) GBq (one [1] Ci) of all other radioactive materials combined.

6.34.b. Excreta from individuals undergoing medical diagnosis or therapy with radioactive material are not subject to the limitations contained in Subdivision 6.34.a.

6.35. Treatment or Disposal by Incineration. A registrant may treat or dispose of registered material by incineration only in the form and concentration specified in Subsection 6.36. or as specifically approved by the agency pursuant to Subsection 6.33.

6.36. Disposal of Specific Wastes.

6.36.a. A registrant may dispose of the following registered material as if it were not radioactive:

6.36.a.1. One and eighty five one-hundredths (1.85) kBq (five one-hundredths [0.05] [PHI]Ci), or less, of Hydrogen-3 or Carbon-14 per gram of medium used for liquid scintillation counting; and

6.36.a.2. One and eighty five one-hundredths (1.85) kBq (five one-hundredths [0.05] [PHI]Ci), or less, of Hydrogen-3 or Carbon-14 per gram of animal tissue, averaged over the weight of the entire animal.

6.36.b. A registrant shall not dispose of tissue pursuant to Paragraph 6.36.a.2. in a manner that would permit its use either as food for humans or as animal feed.

6.36.c. The registrant shall maintain records in accordance with Subsection 6.48.

6.37. Transfer of Material

6.37.a. No registrant shall transfer radioactive material except as authorized pursuant to this Section.

6.37.b. Any registrant may transfer radioactive material:

6.37.b.1. To the U.S. Nuclear Regulatory Commission;

6.37.b.2. To any person authorized to receive such material under terms of a general license or its equivalent, or a specific license or equivalent licensing document, issued by the U.S. Nuclear Regulatory Commission, or any agreement state, or to any person otherwise authorized to receive such material by the federal government or any agency thereof, or any agreement state; or,

6.37.b.3. As otherwise authorized by the agency in writing.

6.38. Transfer for Disposal and Manifests.

6.38.a. The requirements of Subsection 6.38. and Table 64-23 H are designed to control transfers of low-level radioactive waste intended for disposal at a licensed low-level radioactive waste disposal facility, establish a manifest tracking system, and supplement existing requirements concerning transfers and recordkeeping for those wastes.

6.38.b. Each shipment of radioactive waste designated for disposal at a licensed low-level radioactive waste disposal facility shall be accompanied by a shipment manifest as specified in Table 64-23 H i.

6.38.c. Each shipment manifest shall include a certification by the waste generator as specified in Table 64-23 H ii.

6.38.d. Each person involved in the transfer of waste for disposal or in the disposal of waste, including the waste generator, waste collector, waste processor, and disposal facility operator, shall comply with the requirements specified in Table 64-23 H iii.

6.39. Compliance with Environmental and Health Protection Rules.

6.39.a. Nothing in Subsections 6.32., 6.33., 6.34., 6.35., 6.36. or 6.37. relieves the registrant from complying with other applicable federal, state and local rules governing any other toxic or hazardous properties of materials that may be disposed of to Subsections 6.32., 6.33., 6.34., 6.35., 6.36. or 6.37.

6.40. Intrastate Transportation of Radioactive Material

6.40.a. The provisions of this part apply to transportation of radioactive material, or the delivery of radioactive material to a carrier for transportation, which is not subject to the rules and rules of the U.S. Department of Transportation, the U.S. Postal Service and other federal agencies.

6.40.b. No registrant shall transport any radioactive material outside of the confines of his plant or other authorized location of use, or deliver any radioactive material to a carrier for transportation, unless the registrant complies with all requirements, appropriate to the mode of transportation, relating to the packaging of the radioactive material, and to the marking and labeling of the package and transporting vehicle, of the rules and regulations, as amended of the U.S. Department of Transportation and other federal agencies regulating the transportation of radioactive material.

6.41. Records

6.41.a. Each registrant shall use SI units Becquerel, Gray, Sievert and Coulomb per kilogram, or the special units Curie, Rad, Rem and Roentgen, including multiples and subdivisions, and shall clearly indicate the units of all quantities on records required by Section 6.

6.41.b. The registrant shall make a clear distinction among the quantities entered on the records required by Section 6., such as, total effective dose equivalent, total organ dose equivalent, shallow dose equivalent, eye dose equivalent or committed effective dose equivalent.

6.41.c. Upon termination of employment of an individual, the individual or agency shall, upon request, be supplied with a summary statement of that individual's radiation dose. This record shall include statements of any circumstances wherein the dose to the employee from any source of radiation, exceeded those specified in this rule. Employee records must be kept available for inspection by the agency during the tenure of employment of an employee and for a period of five years thereafter.

6.41.d. Each registrant shall maintain records in the same units used in this rule, showing the results of surveys and calibrations required to comply with this rule and disposals made under Subsections 6.32. - 6.36. The registrant shall retain these records for three years after the record is made.

6.41.e. Records of individual exposure to radiation and to radioactive material which must be maintained pursuant to the provisions of Subsection 6.46. and records of bioassays, including results of whole body counting examinations, made pursuant to Subdivision 6.6.e. shall be preserved indefinitely or until the agency authorizes their disposal. (Records which must be maintained pursuant to this part may be maintained in the form of microfilms.)

6.41.f. An accurate accounting for all radioactive materials shall be maintained for a radiation installation. Such records shall show radioactive materials received, produced, transferred and disposed, the amounts and form of the radioactive materials, and such information as may be necessary to account for the difference between the amount of radioactive materials, received or produced and the amount on hand. Such records shall be retained for at least five years after the final disposition of any radioactive material.

6.41.g. Copies of all records required under this rule shall be transferred to the agency in the event of termination of the registrant's business operations and at such other times as the agency may direct.

6.42. Records of Surveys.

6.42.a. Each registrant shall maintain records showing the results of surveys and calibrations required by Subsections 6.16. and 6.31.b. The registrant shall retain these records for three (3) years after the record is made.

6.42.b. The registrant shall retain each of the following records until the agency terminates each pertinent registration requiring the record:

6.42.b.1. Records of the results of surveys to determine the dose from external sources of radiation used, in the absence of or in combination with individual monitoring data, in the assessment of individual dose equivalents; and

6.42.b.2. Records of the results of measurements and calculations used to determine individual intakes of radioactive material and used in the assessment of internal dose; and

6.42.b.3. Records showing the results of air sampling, surveys, and bioassays required pursuant to Subparagraphs 6.24.a.3.A. and B.; and

6.42.b.4. Records of the results of measurements and calculations used to evaluate the release of radioactive effluents to the environment.

6.42.c. Upon termination of the registration, the registrant shall permanently store records on Agency Form Y or equivalent, or shall make provision with the agency for transfer to the agency.

6.43. Records of Tests for Leakage or Contamination of Sealed Sources. Records of tests for leakage or contamination of sealed sources [required by Subsection 6.15.] shall be kept in units of becquerel or microcurie and maintained for inspection by the agency for five (5) years after the records are made.

6.44. Records of Prior Occupational Dose.

6.44.a. The registrant shall retain the records of prior occupational dose and exposure history as specified in Subsection 6.9. on agency form y or equivalent until the agency terminates each pertinent registration requiring this record. The registrant shall retain records used in preparing agency form y or equivalent for three (3) years after the record is made.

6.44.b. Upon termination of the registration, the registrant shall permanently store records on Agency Form Y or equivalent, or shall make provision with the agency for transfer to the agency.

6.45. Records of Planned Special Exposures.

6.45.a. For each use of the provisions of Subsection 6.10. for planned special exposures, the registrant shall maintain records that describe:

6.45.a.1. The exceptional circumstances requiring the use of a planned special exposure;

6.45.a.2. The name of the management official who authorized the planned special exposure and a copy of the signed authorization;

6.45.a.3. What actions were necessary;

6.45.a.4. Why the actions were necessary;

6.45.a.5. What precautions were taken to assure that doses were maintained ALARA;

6.45.a.6. What individual and collective doses were expected to result; and

6.45.a.7. The doses actually received in the planned special exposure.

6.45.b. The registrant shall retain the records until the agency terminates each pertinent registration requiring these records.

6.46. Records of Individual Monitoring Results.

6.46.a. Recordkeeping Requirement. Each registrant shall maintain records of doses received by all individuals for whom monitoring was required pursuant to Subsection 6.17., and records of doses received during planned special exposures, accidents, and emergency conditions. Assessments of dose equivalent and records made using units in effect before July 1, 2001. need not be changed. These records shall include, when applicable:

6.46.a.1. The deep dose equivalent to the whole body, eye dose equivalent, shallow dose equivalent to the skin, and shallow dose equivalent to the extremities; and

6.46.a.2. The estimated intake of radionuclides, see Subsection 6.6.;

6.46.a.3. The committed effective dose equivalent assigned to the intake of radionuclides;

6.46.a.4. The specific information used to calculate the committed effective dose equivalent pursuant to Subsection 6.8.c.;

6.46.a.5. The total effective dose equivalent when required by Subsection 6.6.; and

6.46.a.6. The total of the deep dose equivalent and the committed dose to the organ receiving the highest total dose.

6.46.b. Recordkeeping Frequency. The registrant shall make entries of the records specified in Subdivision 6.46.a. at intervals not to exceed one (1) year.

6.46.c. Recordkeeping Format. The registrant shall maintain the records specified in Subdivision 6.46.a. on Agency Form Z, in accordance with the instructions for Agency Form Z, or in clear and legible records containing all the information required by Agency Form Z.

6.46.d. The registrant shall maintain the records of dose to an embryo or fetus with the records of dose to the declared pregnant woman. The declaration of pregnancy, including the estimated date of conception, shall also be kept on file, but may be maintained separately from the dose records.

6.46.e. The registrant shall retain each required form or record until the agency terminates each pertinent registration requiring the record.

6.47. Records of Dose to Individual Members of the Public.

6.47.a. Each registrant shall maintain records sufficient to demonstrate compliance with the dose limit for individual members of the public. See Subsection 6.13.

6.47.b. The registrant shall retain the records required by Subdivision 6.47.a. until the agency terminates each pertinent registration requiring the record.

6.48. Records of Waste Disposal.

6.48.a. Each registrant shall maintain records of the disposal of registered materials made pursuant to Subsections 6.33., 6.34., 6.35. and 6.36., of this rule.

6.48.b. The registrant shall retain the records required by Subdivision 6.48.a. until the agency terminates each pertinent registration requiring the record.

6.49. Records of Testing Entry Control Devices for Very High Radiation Areas.

6.49.a. Each registrant shall maintain records of tests made pursuant to Paragraph 6.21.b.9. on entry control devices for very high radiation areas. These records must include the date, time, and results of each such test of function.

6.49.b. The registrant shall retain the records required by Subdivision 6.49.a. for three (3) years after the record is made.

6.50. Form of Records. Each record required by Section 6. shall be legible throughout the specified retention period. The record shall be the original or a reproduced copy or a microform, provided that the copy or microform is authenticated by authorized personnel and that the microform is capable of producing a clear copy throughout the required retention period or the record may also be stored in electronic media with the capability for producing legible, accurate, and complete records during the required retention period. Records, such as letters, drawings, and specifications, shall include all pertinent information, such as stamps, initials, and signatures. The registrant shall maintain adequate safeguards against tampering with and loss of records.

6.51. Reports

6.51.a. Report to Employees and Others of Radiation Dosage - Each registrant, at the request of any individual employed or associated with him, shall advise such individual annually of the individual's exposure to radiation as shown in records maintained by the registrant pursuant to Subsection 6.46.

6.51.b. Report to Former Employees and Others of Exposure to Radiation

6.51.b.1. A registrant, at the request of any individual formerly employed or associated with him (i.e., student, craftsman, etc.) shall furnish to such individual a report of his exposure to radiation as shown in records maintained pursuant to Subsection 6.46. Such report shall be furnished within thirty (30) days from the time the request is made and shall cover each calendar quarter of the individual's employment or association involving exposure to radiation, or such lesser period as may be requested by the individual. The report shall also include the results of any calculations and analysis of radioactive material deposited in the body of the individual and made pursuant to the provisions of Subdivision 6.6.e. The report shall be in writing and contain the following statement:

"This report is furnished to you under the provisions of the West Virginia Bureau for Public Health's rule entitled, Radiological Health Rules. You should preserve this report for future reference."

6.51.b.2. The individual's request should include appropriate identifying data, such as social security number and dates and locations of employment of association.

6.52. Reports of Stolen, Lost, or Missing Registered Sources of Radiation.

6.52.a. Telephone Reports. Each registrant shall report to the agency by telephone as follows:

6.52.a.1. Immediately after its occurrence becomes known to the registrant, stolen, lost, or missing registered radioactive material in an aggregate quantity equal to or greater than one thousand (1,000) times the quantity specified in Appendix C under such circumstances that it appears to the registrant that an exposure could result to individuals in unrestricted areas; or

6.52.a.2. Within thirty (30) days after its occurrence becomes known to the registrant, lost, stolen, or missing registered radioactive material in an aggregate quantity greater than ten (10) times the quantity specified in Table 64-23 G that is still missing;

6.52.a.3. Immediately after its occurrence becomes known to the registrant, a stolen, lost, or missing radiation machine.

6.52.b. Written Reports. Each registrant required to make a report pursuant to Subsection 6.51.a. shall, within thirty (30) days after making the telephone report, make a written report to the agency setting forth the following information:

6.52.b.1. A description of the registered source of radiation involved, including, for radioactive material, the kind, quantity, and chemical and physical form; and, for radiation machines, the manufacturer, model and serial number, Type And maximum energy of radiation emitted;

6.52.b.2. A description of the circumstances under which the loss or theft occurred;

6.52.b.3. A statement of disposition, or probable disposition, of the registered source of radiation involved;

6.52.b.4. Exposures of individuals to radiation, circumstances under which the exposures occurred, and the possible total effective dose equivalent to persons in unrestricted areas;

6.52.b.5. Actions that have been taken, or will be taken, to recover the source of radiation; and

6.52.b.6. Procedures or measures that have been, or will be, adopted to ensure against a recurrence of the loss or theft of registered sources of radiation.

6.52.c. Subsequent to filing the written report, the registrant shall also report additional substantive information on the loss or theft within thirty (30) days after the registrant learns of such information.

6.52.d. The registrant shall prepare any report filed with the agency pursuant to Subsection 6.51. so that names of individuals who may have received exposure to radiation are stated in a separate and detachable portion of the report.

6.53. Notification of Incidents

6.53.a. Immediate Notification- Each registrant shall immediately notify the agency by telephone or facsimile of any incident involving any sources of radiation possessed by him and which may have caused or threatens to cause an individual to receive:

6.53.a.1. A total effective dose equivalent exceeding twenty five one-hundredths (0.25) Sv (twenty five [25] Rem) or more; or

6.53.a.2. An eye dose equivalent exceeding seventy five one-hundredths (0.75) Sv (seventy-five [75]Rem) or more; or

6.53.a.3. A shallow dose equivalent to the skin or extremities or a total organ dose equivalent of two and five-tenths (2.5) Gy (two hundred fifty [250] Rad) or more; or

6.53.a.4. The release of radioactive material, inside or outside of a restricted area, so that, had an individual been present for twenty-four (24) hours, the individual could have received an intake five times the occupational ALI. This provision does not apply to locations where personnel are not normally stationed during routine operations, such as hot cells or process enclosures.

6.53.a.5. A loss of one working week or more of the operation of any facilities affected; or

6.53.a.6. Damage to property to property in excess of one hundred thousand dollars ($100,000).

6.53.b. Twenty-four (24) Hour Notification - Each registrant shall within twenty four (24) hours of discovery of the event, notify the agency by telephone or facsimile of any incident involving any sources of radiation possessed by him and which may have caused or threatens to cause an individual to receive, in a period of twenty four (24) hours:

6.53.b.1. A total dose equivalent exceeding five one-hundredths (0.05) Sv (five [5] Rem); or

6.53.b.2. An eye dose equivalent exceeding fifteen one-hundredths (0.15) Sv (fifteen [15] Rem); or

6.53.b.3. A shallow dose equivalent to the skin or extremities or a total organ dose equivalent exceeding five tenths (0.5) Sv (fifty [50] Rem); or

6.53.c. The release of radioactive material, inside or outside of a restricted area, so that, had an individual been present for twenty four (24) hours, the individual could have received an intake five times the occupational ALI. This provision does not apply to locations where personnel are not normally stationed during routine operations, such as hot-cells or process enclosures; or

6.53.d. A loss of one day or more on the operation of any facilities affected; or

6.53.e. Damage to property in excess of one thousand dollars ($1,000).

6.53.f. Any report filed with the agency pursuant to this part shall be prepared in such a manner that names of individuals who have received exposure to radiation will be stated in a separate part of the report.

6.53.g. Registrants shall make the reports required by Subdivisions 6.52.a and b. by initial contact by telephone to the agency and shall confirm the initial facsimile to the agency.

6.53.h. The registrant shall prepare each report filed with the agency pursuant to Subsection 6.52. so that names of individuals who have received exposure to sources of radiation are stated in a separate and detachable portion of the report.

6.53.i. The provisions of Subsection 6.52. do not apply to doses that result from planned special exposures, provided such doses are within the limits for planned special exposures and are reported pursuant to Subsection 6.54.

6.54. Reports of Exposures, Radiation Levels, and Concentrations of Radioactive Material Exceeding Limits.

6.54.a. In addition to any notification required by Subsection 6.52., each registrant shall make a report in writing within thirty (30) days to the agency after learning of any of the following occurrences:

6.54.a.1. Incidents for which notification is required by Subsection 6.52.;

6.54.a.2. Doses in excess of any of the following:

6.54.a.2.A. The occupational dose limits for adults in Subsection 6.5.;

6.54.a.2.B. The occupational dose limits for a minor in Subsection 6.11.;

6.54.a.2.C. The limits for an embryo or fetus of a declared pregnant woman in Subsection 6.12.;

6.54.a.2.D. The limits for an individual member of the public in Subsection 6.13.;or

6.54.a.2.E. Any applicable limit in the registration;

6.54.a.3. Levels of radiation or concentrations of radioactive material in:

6.54.a.3.A. A restricted area in excess of applicable limits in the registration;

6.54.a.3.B. An unrestricted area in excess of ten (10) times the applicable limit set forth in Section 6. or in the registration, whether or not involving exposure of any individual in excess of the limits in Subsection 6.13.; or

6.54.a.3.C. For registrants subject to the provisions of the Environmental Protection Agency's generally applicable Environmental Radiation Standards in 40 CFR 190, levels of radiation or releases of radioactive material in excess of those standards, or of registration conditions related to those standards.

6.54.b. In any case where a registrant is required pursuant to the provisions of this Section to report to the agency any exposure of an individual to radiation or concentrations of radioactive material, the registrant shall no later than the making of such report to the agency also notify such individual of the nature and extent of exposure. Such notice shall be in writing and shall contain the following statement:

"This report is furnished to you under the provisions of the West Virginia Bureau for Public Health rule entitled, Radiological Health Rules. You should preserve this report for future reference."

6.54.c. Contents of Reports.

6.54.c.1. Each report required by Subdivision 6.53.a. shall describe the extent of exposure of individuals to radiation and radioactive material, including, as appropriate:

6.54.c.1.A. Estimates of each individual's dose;

6.54.c.1.B. The levels of radiation and concentrations of radioactive material involved;

6.54.c.1.C. The cause of the elevated exposures, dose rates, or concentrations; and

6.54.c.1.E. Corrective steps taken or planned to ensure against a recurrence, including the schedule for achieving conformance with applicable limits, generally applicable environmental standards, and associated registration conditions.

6.54.d. Each report filed pursuant to Subdivision 6.53.a. shall include for each individual exposed the name, social security account number, and date of birth. With respect to the limit for the embryo or fetus in Subsection 6.12., the identifiers should be those of the declared pregnant woman. The report shall be prepared so that this information is stated in a separate and detachable portion of the report.

6.54.e. All registrants who make reports pursuant to Subdivision 6.53.a. shall submit the report in writing to the agency.

6.55. Reports of Planned Special Exposures. The registrant shall submit a written report to the agency within thirty (30) days following any planned special exposure conducted in accordance with Subsection 6.10., informing the agency that a planned special exposure was conducted and indicating the date the planned special exposure occurred and the information required by Subsection 6.38.

6.56. Reports of Individual Monitoring.

6.56.a. This Section applies to each person registered by the agency to:

6.56.a.1. Possess or use sources of radiation for purposes of industrial radiography pursuant to Sections 9. and 11. of this rule; or

6.56.a.2. Possess or use at any time, for processing or manufacturing for distribution pursuant to Sections 11. or 12. of this rule, radioactive material in quantities exceeding any one of the quantities listed in Table 64-23 D.

6.56.b. Each registrant in a category listed in Subdivision 6.55.a. shall submit an annual report of the results of individual monitoring carried out by the registrant for each individual for whom monitoring was required by Subsection 6.17. during that year. The registrant may include additional data for individuals for whom monitoring was provided but not required. The registrant shall use Agency Form Z or equivalent or electronic media containing all the information required by Agency Form Z.

6.56.c. The registrant shall file the report required by Subsection 6.55., covering the preceding year, on or before April 30 of each year. The registrant shall submit the report to the agency.

6.57. Notifications and Reports to Individuals.

6.57.a. Requirements for notification and reports to individuals of exposure to radiation or radioactive material are specified in Subsection 13.4. of this rule.

6.57.b. When a registrant is required pursuant to Subsection 6.53. to report to the agency any exposure of an individual to radiation or radioactive material, the registrant shall also notify the individual. Such notice shall be transmitted at a time not later than the transmittal to the agency, and shall comply with the provisions of Subdivision 13.4.a. of this rule.

6.58. Reports of Leaking or Contaminated Sealed Sources. The registrant shall file a report within five (5) days with the agency if the test for leakage or contamination (required pursuant to Subsection 6.15.) indicates a sealed source is leaking or contaminated. The report shall include the equipment involved, the test results and the corrective action taken.

6.59. Vacating Premises

6.59.a. Each registrant shall, no less than thirty (30) days before vacating or relinquishing possession or control of premises in which radioactive material has been stored or used, notify the agency in writing of intent to vacate and afford the agency the opportunity to survey the premises for contamination. When deemed necessary by the agency the registrant shall decontaminate said premises in such a manner as the agency may authorize and shall not vacate or relinquish possession or control of said premises without written consent of the agency. Quantities to be used in decommissioning are listed in Table 64-23 L.

W. Va. Code R. § 64-23-6