3701:1-46-08 Americium-241 or radium-226 in the form of calibration or reference sources.

(A) A general license is hereby issued to those persons listed below to own, receive, acquire, possess, use and transfer, in accordance with the provisions of paragraphs (B) and (C) of this rule, americium-241 or radium-226 in the form of calibration or reference sources.

(1) Any person who holds a specific license issued by the director which authorizes the licensee to receive, possess, use, and transfer radioactive material; and

(2) Any person who holds a specific license issued by the NRC which authorizes the licensee to receive, possess, use, and transfer byproduct material, source material or special nuclear material.

(B) The general license in paragraph (A) of this rule applies only to calibration or reference sources which have been manufactured or initially transferred in accordance with the specifications contained in a specific license issued pursuant to rule 3701:1-46-37 of the Administrative Code or in accordance with the specifications contained in a specific license issued to the manufacturer by the United States nuclear regulatory commission or another agreement state which authorizes manufacture of the sources for distribution to persons with a general license by the United States nuclear regulatory commission or another agreement state.

(C) The general license in paragraph (A) of this rule is subject to the provisions of paragraph (D) of 3701:1-40-08, paragraphs (A) to (C) of 3701:1-40-16, rules 3701:1-40-19 to 3701:1-40-21 , and Chapter 3701:1-38 of the Administrative Code. In addition, persons who own, receive, acquire, possess, use and transfer one or more calibration or reference sources pursuant to this general license:

(1) Shall not possess at any one time, at any one location of storage or use, more than one hundred eighty-five kilobecquerels (five microcuries) of americium-241 or radium-226 in such sources:

(2) Shall not receive, possess, use or transfer such source unless the source, or the storage container, bears a label which includes the following statement or a substantially similar statement which contains the information called for in one of the following statements:

(a) For americium-241:

The receipt, possession, use and transfer of this source, model __, serial no. __, are subject to a general license and the regulations of the United States nuclear regulatory commission or of a state with which the commission has entered into an agreement for the exercise of regulatory authority. Do not remove this label.

"CAUTION-RADIOACTIVE MATERIAL-THIS SOURCE CONTAINS AMERICIUM-241. DO NOT TOUCH RADIOACTIVE PORTION OF THIS SOURCE"

(Name of manufacturer or initial transferor)

(b) For radium-226:

The receipt, possession, use and transfer of this source, model ______ , serial no. _____ , are subject to a general license and the regulations of the United States nuclear regulatory commission or an agreement state. Do not remove this label.

"CAUTION - RADIOACTIVE MATERIAL-THIS SOURCE CONTAINS RADIUM-226. DO NOT TOUCH RADIOACTIVE PORTION OF THIS SOURCE."

(Name of manufacturer or initial transferor)

(c) Sources generally licensed under the nuclear regulatory commission or an agreement state prior to January 19, 1975, may bear labels authorized by the United States nuclear regulatory commission regulations in effect on January 1, 1975.

(3) Shall not transfer, abandon, or dispose of such source except by transfer to a person authorized by a license pursuant to this chapter or from an agreement state, or the United States nuclear regulatory commission to receive the source.

(4) Shall store such source, except when the source is being used, in a closed container adequately designed and constructed to contain either americium-241 or radium-226, as applicable, which might otherwise escape during storage.

(5) Shall not use such source for any purpose other than the calibration of radiation detectors or the standardization of other sources.

(D) This general license does not authorize the manufacture or import of calibration or reference sources containing americium-241 or radium-226.

(E) This general license does not authorize the export of calibration or reference sources containing americium-241 or radium-226.

Effective: 12/01/2012
R.C. 119.032 review dates: 09/10/2012 and 09/15/2017
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 10/20/2002, 1/20/08, 10/04/10