PUBLICATION INSTRUCTIONS FOR 6 CCR 1007-1
PART 3, “LICENSING OF RADIOACTIVE MATERIALS”
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Hazardous Materials and Waste Management Division
RADIATION CONTROL –LICENSING OF RADIOACTIVE MATERIALS
6 CCR 1007-1 Part 3
PART 3: LICENSING OF RADIOACTIVE MATERIALS
Adopted by the Board of Health on April 16, 2014
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[ * * * = Indicates omission of unaffected rules]
REGULATION SECTION 3.1.5 [New Section titled Definitions]
[Publication Instructions: Replace current existing text from Section 3.1.5and replace with the following revised text, numbered as 3.1.5 through 3.1.6.]
3.1.5 Definitions
3.1.5.1 Definitions of general applicability to these regulations are in Part 1, Section 1.2.
3.1.5.2 As used in Part 3, each term below has the definition set forth.
“Consortium” means an association of medical use licensees and a Positron Emission Tomography (PET) radionuclide production facility in the same geographical area that jointly own or share in the operation and maintenance cost of the PET radionuclide production facility that produces PET radionuclides for use in producing radioactive drugs within the consortium for noncommercial distributions among its associated members for medical use. The PET radionuclide production facility within the consortium must be located at an educational institution or a Federal facility or a medical facility.
3.1.6 The Department may engage the services of qualified persons in order to assist the Department in meeting the requirements of these regulations, including, but not limited to, evaluating information that may be required under 3.8.8.
3.1.6.1 Fees for these services may be charged by the Department as a part of fees charged for radiation control services under Part 12.
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[Publication Instructions: Replace current existing text from Section 3.3.2.4 and replace with the following revised text which updates the date to 2013.]
3.3.2.4 No person may, for purposes of commercial distribution, transfer radioactive material in the individual quantities set forth in Schedule 3B, knowing or having reason to believe that such quantities of radioactive material will be transferred to persons exempt under 3.3.2 or equivalent regulations of NRC or any Agreement State except in accordance with a specific license issued by NRC pursuant to Section 32.18 of 10 CFR Part 32 (January 1, 2013), which license states that the radioactive material may be transferred by the licensee to persons exempt under 3.3.2 or the equivalent regulations of NRC or an Agreement State. 1
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[Publication Instructions: Replace current existing text from Section 3.5.5.4(5) and replace with the following revised text.]
(5) Shall not export such depleted uranium except in accordance with a license issued by NRC pursuant to 10 CFR Part 110 (January 1, 2013).
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[Publication Instructions: Replace current existing text from Section 3.6.1.1 and replace with the following revised text.]
3.6.1.1 A general license is hereby issued to transfer, receive, acquire, own, possess, and use radioactive material incorporated in the following devices or equipment which have been manufactured, tested and labeled by the manufacturer in accordance with a specific license issued to the manufacturer by NRC for use pursuant to Section 31.3 of 10 CFR Part 31 (January 1, 2013).
(1) Devices designed for use as static eliminators which contain, as a sealed source or sources, radioactive material consisting of a total of not more than 18.5 MBq (500 µCi) of polonium-210 per device.
(2) Devices designed for ionization of air which contain, as a sealed source or sources, radioactive material consisting of a total of not more than 18.5 MBq (500 µCi) of polonium-210 per device or a total of not more than 1.85 GBq (50 mCi) of hydrogen-3 (tritium) per device.
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[Publication Instructions: Replace current existing footnote “4” text following Section 3.6.4.2(1)(b) with the following revised footnote text.]
4 Regulations under the Federal Food, Drug, and Cosmetic Act authorizing the use of radioactive control devices in food production require certain additional labeling thereon which is found in 21 CFR 179.21 (April 1, 2012).
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[Publication Instructions: Replace current existing text from Section 3.6.4.3(7) and replace with the following revised text.]
(7) Shall not export the device except in accordance with 10 CFR Part 110 (January 1, 2013) and shall obtain written approval from NRC before transferring the device to any other specific licensee not specifically identified in 3.6.4.3(8);
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[Publication Instructions: Replace current existing text from Section 3.6.4.3(13) and replace with the following revised text. Subsections “(a)” through “(d)” remain as they are in the existing rule.]
(13) Shall register each device annually in accordance with 3.6.4.3(13)(a) and 3.6.4.3(13)(b), and shall pay the fee required by Part 12, if in possession of a device containing at least 370 MBq (10 mCi) of cesium-137, 3.7 MBq (0.1 mCi) of strontium-90, 37 MBq (1 mCi) of cobalt-60, 3.7 MBq (0.1 mCi) of radium-226, or 37 MBq (1 mCi) of americium 241 or any other transuranic (i.e., element with atomic number greater than uranium (92)), based on the activity indicated on the label. Each address for a location of use, as described in 3.6.4.3(13)(b)(iv) of this section, represents a separate general licensee and requires a separate registration and fee.
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[Publication Instructions: Replace current existing text from Section 3.6.5.1(2) and replace with the following revised text.]
(2) Each device has been manufactured, assembled or imported in accordance with a specific license issued by NRC or each device has been manufactured or assembled in accordance with the specifications contained in a specific license issued by the Department or any Agreement State to the manufacturer or assembler of such device pursuant to licensing requirements equivalent to those in Section 32.53 of 10 CFR Part 32 (January 1, 2013).
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[Publication Instructions: Replace current existing text from Section 3.6.7.4 and replace with the following revised text.]
3.6.7.4 The general licenses in 3.6.7.1, 3.6.7.2, and 3.6.7.3 apply only to calibration or reference sources which have been manufactured in accordance with the specifications contained in a specific license issued to the manufacturer or importer of the sources by NRC pursuant to Section 32.57 of 10 CFR Part 32 or Section 70.39 of 10 CFR Part 70 (January 1, 2013) or which have been manufactured in accordance with the specifications contained in a specific license issued to the manufacturer by the Department or any Agreement State pursuant to licensing requirements equivalent to those contained in Section 32.57 of 10 CFR Part 32 or Section 70.39 of 10 CFR Part 70 (January 1, 2013).
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[Publication Instructions: Replace current existing text from Section 3.6.10.1 with the following revised text.]
3.6.10.1 A general license is hereby issued to receive, acquire, possess, use, and transfer strontium-90 contained in ice detection devices, provided each device contains not more than 1.85 MBq (50 µCi) of strontium-90 and each device has been manufactured or imported in accordance with a specific license issued by NRC or each device has been manufactured in accordance with the specifications contained in a specific license issued by the Department or an Agreement State to the manufacturer of such device pursuant to licensing requirements equivalent to those in Section 32.61 of 10 CFR Part 32 (January 1, 2013).
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[Publication Instructions: Following the current existing Section 3.8.8.2(4),INSERT the following new text/sections.]
3.8.9 An application for a specific license to use radioactive material in the form of a sealed source or in a device that contains the sealed source shall either:
3.8.9.1 Identify the source or device by manufacturer and model number as registered with the NRC under 10 CFR 32.210 or with an Agreement State, or for a source or a device containing radium-226 or accelerator produced radioactive material with an Agreement State under provisions comparable to 10 CFR 32.210; or
3.8.9.2 Contain the information contained in 10 CFR 32.210(c); or
3.8.9.3 For sources or devices containing naturally occurring or accelerator-produced radioactive material manufactured prior to November 30, 2007 that are not registered with the NRC under 10 CFR 32.210 or with an Agreement State, and for which the applicant is unable to provide all categories of information specified in 10 CFR 32.210(c), the applicant must provide:
(1) All available information identified in 10 CFR 32.210(c) concerning the source, and, if applicable, the device; and
(2) Sufficient additional information to demonstrate that there is reasonable assurance that the radiation safety properties of the source or device are adequate to protect health and minimize danger to life and property. Such information must include a description of the source or device, a description of radiation safety features, the intended use and associated operating experience, and the results of a recent leak test.
3.8.10 An application from a medical facility, educational institution, or Federal facility to produce Positron Emission Tomography (PET) radioactive drugs for noncommercial transfer to licensees in its consortium authorized for medical use under Part 7 of these regulations or equivalent Agreement State requirements shall include:
3.8.10.1 A request for authorization for the production of PET radionuclides or evidence of an existing license issued under this Part or Agreement State requirements for a PET radionuclide production facility within its consortium from which it receives PET radionuclides.
3.8.10.2 Evidence that the applicant is qualified to produce radioactive drugs for medical use by meeting one of the criteria in 3.12.10.1(2).
3.8.10.3 Identification of individual(s) authorized to prepare the PETradioactive drugs if the applicant is a pharmacy, and documentation that each individual meets the requirements of an authorized nuclear pharmacist as specified in 3.12.10.2(2).
3.8.10.4 Information identified in 3.12.10.1(3) on the PET drugs to be noncommercially transferred to members of its consortium.
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[Publication Instructions: Replace current existing text from Section 3.9.2 and replace with the following revised text.]
3.9.2 The applicant's proposed equipment, facilities, and procedures are adequate to minimize danger to public health and safety or property and the applicant’s facilities are permanently located in Colorado;
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[Publication Instructions: Replace current existing text from Section 3.9.5.10(4) and replace with the following revised text. Sub-items “(a)” through “(c)” remain as they exist in current rule.]
(4) The amount of funds to be provided by such long-term care warranties shall be based on Department-approved cost estimates and shall be enough that with an assumed six percent annual real interest rate, the annual interest earnings will be sufficient to cover the annual costs of site surveillance, including reasonable administrative costs incurred, in perpetuity, subsequent to the termination of the license.
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[Publication Instructions: Replace current existing text from Section 3.9.6.4THROUGH 3.9.6.5 and replace with the following revised text and new sections – now numbered 3.9.6.4 through 3.9.6.6.]
3.9.6.4 Each decommissioning funding plan must be submitted for review and approval by the Department and must contain:
(1) A detailed cost estimate for decommissioning, in an amount reflecting:
(a) The cost of an independent contractor to perform all decommissioning activities;
(b) The cost of meeting the 4.61.2 criteria for unrestricted use, provided that, if the applicant or licensee can demonstrate its ability to meet the provisions of 4.61.3 for restricted use, the cost estimate may be based on meeting the 4.61.3 restricted use criteria;
(c) The volume of onsite subsurface material containing residual radioactivity that will require remediation to meet the criteria for license termination; and
(d) An adequate contingency factor.
(i) Identification of and justification for using the key assumptions contained in the detailed cost estimate;
(ii) A description of the method of assuring funds for decommissioning as required in this section, including means for adjusting cost estimates and associated funding levels periodically over the life of the facility.
(iii) A certification by the licensee that financial assurance for decommissioning has been provided in the amount of the cost estimate for decommissioning; and
(iv) A signed original, or if permitted, a copy, of the financial instrument obtained to satisfy the requirements of this section (unless a previously submitted and accepted financial instrument continues to cover the cost estimate for decommissioning).
3.9.6.5 At the time of license renewal and at intervals not to exceed three years, the decommissioning funding plan must be resubmitted with adjustments as necessary to account for changes in costs and the extent of contamination. If the amount of financial assurance will be adjusted downward, this can not be done until the updated decommissioning funding plan is approved. The decommissioning funding plan must update the information submitted with the original or prior approved plan, and must specifically consider the effect of the following events on decommissioning costs:
(1) Spills of radioactive material producing additional residual radioactivity in onsite subsurface material;
(2) Waste inventory increasing above the amount previously estimated;
(3) Waste disposal costs increasing above the amount previously estimated;
(4) Facility modifications;
(5) Changes in authorized possession limits;
(6) Actual remediation costs that exceed the previous cost estimate;
(7) Onsite disposal; and
(8) Use of a settling pond.
3.9.6.6 The decommissioning funding plan must also include a certification by the licensee that funding for decommissioning activities has been provided for in the amount of the cost estimate for decommissioning.
(1) For an applicant, this certification may state that the appropriate assurance will be obtained after the application has been approved and the license issued, but prior to the receipt or possession of radioactive material.
(2) A signed original of the financial instrument shall be submitted to the Department.
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[Publication Instructions: Following current text in Section 3.10.1 and before 3.11,INSERT new Section 3.10.2.]
3.10.2Licensees shall, to the extent practical, conduct operations to minimize the introduction of residual radioactivity into the site, including the subsurface, in accordance with the existing radiation protection requirements in Part 4, Section 4.5 and radiological criteria for license termination in Part 4, Section 4.61 of the regulations.
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[Publication Instructions: Replace current existing text from Section 3.12.4.5(3)(a) and replace with the following revised text.]
(a) Report the information specified in 3.12.4.5(2) to NRC for all transfers of such devices to persons for use under NRC general license in Section 31.5 of 10 CFR Part 31 (January 1, 2013).
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[Publication Instructions: Replace current existing text from Section 3.12.5.1(2) and replace with the following revised text.]
(2) The applicant satisfies the requirements of Sections 32.53, 32.54, 32.55, 32.56, and 32.101 of 10 CFR Part 32 (January 1, 2013), or their equivalent.
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[Publication Instructions: Replace current existing text from Section 3.12.6.1(2) and replace with the following revised text.]
(2) The applicant satisfies the requirements of Sections 32.57, 32.58, 32.59, and 32.102 of 10 CFR Part 32 and Section 70.39 of 10 CFR Part 70 (January 1, 2013) or their equivalent.
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[Publication Instructions: Replace current existing text from Section 3.12.9(2) and replace with the following revised text. The revised text also corrects a numbering error – the unneeded repetition of “3.12.9.1.”.]
(2) The criteria of Sections 32.61, 32.62, and 32.103 of 10 CFR Part 32 (January 1, 2013) are met.
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[Publication Instructions: Replace current existing text from Section 3.12.10.1 THROUGH 3.12.10.2 and replace with the following revised text/sections.]
3.12.10.1 An application for a specific license to manufacture, prepare, or transfer for commercial distribution radioactive drugs for medical use pursuant to Part 7 will be approved if:
(1) The applicant satisfies the general requirements specified in 3.9;
(2) The applicant submits evidence that the applicant is at least one of the following:
(a) Registered or licensed with the U.S. Food and Drug Administration (FDA) as the owner or operator of a drug establishment that engages in the manufacture, preparation, propagation, compounding, or processing of a drug under 21 CFR 207.20(a);
(b) Registered or licensed with the State Board of Pharmacy as a drug manufacturer;
(c) Licensed as a pharmacy by the State Board of Pharmacy;
(d) Operating as a nuclear pharmacy within a Federal medical institution; or
(e) A Positron Emission Tomography (PET) drug production facility registered with the State Board of Pharmacy.
(3) The applicant submits information on the radionuclide, chemical and physical form, the maximum activity per vial, syringe, generator, or other container of the radioactive drug, and the shielding provided by the packaging of the radioactive material to show it is appropriate for safe handling and storage of radioactive drugs by medical use licensees; and
(4) The applicant has procedures to assure the following labeling requirements:
(a) A label shall be affixed to each transport radiation shield (whether it is constructed of lead, glass, plastic, or other material) of a radioactive drug to be transferred for commercial distribution.
(i) The label shall include the radiation symbol prescribed in 4.27 and the words "CAUTION, RADIOACTIVE MATERIAL" or "DANGER, RADIOACTIVE MATERIAL"; the name of the radioactive drug or its abbreviation; and the quantity of radioactivity at a specified date and time.
(ii) For radioactive drugs with a half-life greater than 100 days, the time may be omitted.
(b) A label shall be affixed to each syringe, vial, or other container used to hold a radioactive drug to be transferred for commercial distribution and shall include:
(i) The radiation symbol prescribed in 4.27 and the words "CAUTION, RADIOACTIVE MATERIAL" or "DANGER, RADIOACTIVE MATERIAL"; and
(ii) An identifier that ensures that the syringe, vial or other container can be correlated with the information on the transport radiation shield label.
3.12.10.2 A radioactive materials licensee who is also licensed by the State Board of Pharmacy:
(1) May prepare radioactive drugs for medical use, as defined in 1.2 and Part 7, provided that the radioactive drug is prepared by either:
(a) An authorized nuclear pharmacist, as specified in 3.12.10.2(2) or 3.12.10.2(4), or
(b) An individual under the direct supervision of an authorized nuclear pharmacist as specified in 7.10;
(2) May allow a pharmacist to work as an authorized nuclear pharmacist if:
(a) This individual qualifies as an Authorized Nuclear Pharmacist as defined in 7.2;
(b) This individual meets the requirements specified in Part 7, Appendix 7C, and the licensee has received a Department license amendment identifying this individual as an authorized nuclear pharmacist; or
(c) This individual is designated as an authorized nuclear pharmacist in accordance with 3.12.10.2(4).
(3) The actions authorized in 3.12.10.2(1) and 3.12.10.2(2) are permitted in spite of more restrictive language in license conditions.
(4) May designate a pharmacist (as defined in 7.2) as an authorized nuclear pharmacist if:
(a) The individual was a nuclear pharmacist preparing only radioactive drugs containing accelerator-produced radioactive material, and
(b) The individual practiced at a pharmacy at a Government agency or Federally recognized Indian Tribe before November 30, 2007 or at all other pharmacies before August 8, 2009, or an earlier date as noticed by the NRC.
(5) Shall provide to the Department a copy of each individual’s:
(a) Certification by a specialty board whose certification process has been recognized by the NRC or an Agreement State as specified in Part 7, Appendix 7C with the written attestation signed by a preceptor as required by Part 7, Appendix 7C, Section 7C2.2; or