10A NCAC 15 .0312         GENERAL LICENSES: CALIBRATION AND REFERENCE

(a)  A general license shall be issued to those persons listed below to own, receive, acquire, possess, use and transfer, in accordance with the provisions in Paragraphs (c) and (d) of this Rule, americium‑241 in the form of calibration or reference sources:

(1)           any person who holds a specific license issued by the agency which authorizes receipt, possession, use, and transfer of radioactive material; and

(2)           any person who holds a specific license issued by the U.S. Nuclear Regulatory Commission which authorizes receipt, possession, use, and transfer of special nuclear material.

(b)  A general license to own, receive, possess, use, and transfer plutonium in the form of calibration or reference sources in accordance with the provisions in Paragraphs (c) and (d) of this Rule is hereby issued to any person who holds a specific license which is issued by the agency and which authorizes receipt, possession, use, and transfer of radioactive material.

(c)  The general licenses in Paragraphs (a) and (b) of this Rule 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 the U.S. Nuclear Regulatory Commission pursuant to Section 32.57 of 10 CFR Part 32 or Section 70.39 of 10 CFR Part 70 or which have been manufactured in accordance with the specifications contained in a specific license issued to the manufacturer by the agency or an 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 of the regulations of the U.S. Nuclear Regulatory Commission.

(d)  The general license provided in Paragraphs (a) and (b) of this Rule are subject to the provisions of Rules .0107 to .0111, .0303(a), .0337, .0342, .0343 and .0345 of this Chapter and Sections .1000 and .1600 of this Chapter.  In addition, persons who own, receive, acquire, possess, use, or transfer one or more calibration or reference sources pursuant to this Rule:

(1)           shall not possess at any one time, at any one location of storage or use, more than five microcuries of americium‑241 and five microcuries of plutonium in the calibration and reference sources;

(2)           shall not receive, possess, use, or transfer a calibration or reference 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 the following statement:

The receipt, possession, use and transfer of this source, Model _________________, Serial No. __________________, are subject to a general license and the regulations of the U.S. 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

(name of appropriate radioisotope)

DO NOT TOUCH RADIOACTIVE PORTION OF THIS SOURCE.

______________________________________________________

        (Name of manufacturer or importer)

(3)           shall not transfer, abandon, or dispose of a calibration or reference source except by transfer to a person authorized by a license issued by the agency, the U.S. Nuclear Regulatory Commission, or an agreement state and authorizing receipt of the source;

(4)           shall store each source, except when being used, in a closed container adequately designed and constructed to contain americium‑241 or plutonium which might otherwise escape during storage; and

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

(e)  The general licenses in Paragraphs (a) and (b) of this Rule do not authorize the manufacture or calibration of reference sources containing americium‑241 or plutonium.

History Note:        Authority G.S. 104E‑7; 104E‑10(b);

Eff. February 1, 1980;

Amended Eff. January 1, 1994;

Transferred and Recodified from 15A NCAC 11 .0312 Eff. February 1, 2015.