All changes described herein are needed to comply with the requirements of Florida's agreement state compact with the U.S. Nuclear Regulatory Commission (NRC). As an agreement state, Florida's regulations governing the possession and use of ...

 

DEPARTMENT OF HEALTH
Division of Environmental Health

RULE NO: RULE TITLE
64E-5.101: Definitions
64E-5.204: Types of Licenses
64E-5.206: General Licenses - Radioactive Material Other Than Source Material
64E-5.210: Special Requirements for a Specific License to Manufacture, Assemble, Repair or Distribute Commodities, Products or Devices Which Contain Radioactive Material
64E-5.213: Specific Terms and Conditions of License
64E-5.304: Occupational Dose Limits for Adults
64E-5.318: Use of Process or Other Engineering Controls
64E-5.319: Use of Individual Respiratory Protection Equipment
64E-5.427: Leak Testing, Repairing, Tagging, Opening, Modifying, and Replacing Sealed Sources and Devices
64E-5.429: Source Movement Logs, Daily Survey Reports, and Individual Dosimeter Logs
64E-5.434: Training, Testing, Certification, and Audits
64E-5.440: Records
64E-5.441: Reporting Requirements
64E-5.1104: Leak Testing of Sealed Sources
64E-5.1107: Design, Performance and Certification Criteria for Sealed Sources Used in Downhole Operations
64E-5.1112: Personnel Monitoring
64E-5.1119: Notification of Incidents, Abandonment and Lost Sources
64E-5.1311: Storage, Security and Transportation Precautions
64E-5.1502: Transportation of Radioactive Material
64E-5.11071: Uranium Sinker Bars
64E-5.11072: Energy Compensation Source
64E-5.11073: Tritium Neutron Generator Target Source
PURPOSE, EFFECT AND SUMMARY: All changes described herein are needed to comply with the requirements of Florida's agreement state compact with the U.S. Nuclear Regulatory Commission (NRC). As an agreement state, Florida's regulations governing the possession and use of radioactive materials must be identical to the NRC's regulations for federal radioactive materials licensees. The proposed rule specifies requirements for registration of general licenses; requirements for manufacturer or distributors of generally licensed devices; changes in the way shallow dose equivalent is calculated; revises the use of individual respiratory protection equipment which limit intake of radioactive materials; regulations of very large sources of radiation used in industrial radiography; requirements for well loggers; increase the controls needed to prevent unauthorized removal of portable gauges containing radioactive materials; and requirements on following the U.S. Department of Transportation regulations specified in 49 Code of Federal Regulations.
SPECIFIC AUTHORITY: 404.022, 404.042, 404.051, 404.061, 404.071, 404.081, 404.141, 404.20 FS.
LAW IMPLEMENTED: 404.022(1)(2), 404.031, 404.051(1),(4),(6),(9),(11), 404.061(2),(3), 404.071(1),(3), 404.081(1),(2), 404.141, 404.20(1),(2),(3),(4),(7),(8) FS.
THIS RULEMAKING IS UNDERTAKEN PURSUANT TO SECTION
120.54(6), F.S. WRITTEN COMMENTS MAY BE SUBMITTED WITHIN 14 DAYS OF THE DATE OF THIS NOTICE TO: William A. Passetti, Bureau of Radiation Control, Bin C21, 4052 Bald Cypress Way, Tallahassee, FL 32399-1741
SUBSTANTIALLY AFFECTED PERSONS MAY WITHIN 14 DAYS OF THE DATE OF THIS NOTICE, FILE AN OBJECTION TO THIS RULEMAKING WITH THE AGENCY. THE OBJECTION SHALL SPECIFY THE PORTIONS OF THE PROPOSED RULE TO WHICH THE PERSON OBJECTS AND THE SPECIFIC REASONS FOR THE OBJECTION.

THE FULL TEXT OF THE PROPOSED RULE IS:

PART I

GENERAL PROVISIONS

64E-5.101 Definitions. 

As used in these rules, these terms have the definitions set forth below. Additional definitions used only in a certain part are defined in that respective part.

(1) through (133)  No change.

(134) "Shallow dose equivalent" (Hs), which applies to the external exposure of the skin of the whole body or the skin of an extremity, means the dose equivalent at a tissue depth of 0.007 centimeter (7 mg/cm2) averaged over an area of 1 square centimeter.

(135)  No change.

(136) “Shielded-room radiography” means industrial radiography conducted in a room so shielded that radiation levels at every location on the exterior meet the limitations specified in Part III.

(137) through (180) renumbered (136) through (179) No change.

(180)  “Assigned protection factor” or “APF” means the expected workplace level of respiratory protection provided by a properly functioning respirator or a class of respirators to properly fitted and trained users.  Operationally, the inhaled concentration can be estimated by dividing the ambient airborne concentration by the APF.

(181)  “Atmosphere-supplying respirator” means a respirator that supplies the respirator user with breathing air from a source independent of the ambient atmosphere and includes supplied-air respirators and self-contained breathing apparatus units.

(182)  “Energy compensation source” or “ECS” means a small sealed source with an activity not exceeding 100 microcuries (3.7 MBq) used within a logging tool or other tool components to provide a reference standard to maintain the tool’s calibration when in use.

(183)  “Fit factor” means a quantitative estimate of the fit of a particular respirator to a specific individual and typically estimates the ratio of the concentration of a substance in ambient air to its concentration inside the respirator when worn.

(184)  “Fit test” means the use of a protocol to evaluate qualitatively or quantitatively the fit of a respirator on an individual.

(185)  “Self-contained breathing apparatus” or “SCBA” means an atmosphere-supplying respirator for which the breathing air source is designed to be carried by the user.

(186)  “Supplied-air respirator” or “air-line respirator” means an atmosphere-supplying respirator for which the source of breathing air is not designed to be carried by the user.

(187)  “Tritium neutron generator target source” means a tritium source used within a neutron generator tube to produce neutrons for use in well logging applications.

(188)  “User seal check” or “fit check” means an action conducted by the respirator user to determine if the respirator is seated to the face properly.  Examples include negative pressure check, positive pressure check, irritant smoke check, and isoamyl acetate check.

(189) Annual or Annually means an interval not to exceed 12 months.

(190) Semiannual or Semiannually means an interval not to exceed six months.

(191) Daily means an interval not to exceed a consecutive 24 hour period or once every calendar day worked.

Specific Authority 404.042, 404.051, 404.061 FS. Law Implemented 404.051 FS. History–New 7-17-85, Amended 4-4-89, 5-12-93, 1-1-94, 5-15-96, Formerly 10D-91.102, Amended 5-18-98, 10-8-00, 8-6-01, 9-11-01, Amended 12-19-01,                             .

 

PART II LICENSING OF RADIOACTIVE MATERIALS

SUBPART A LICENSE TYPES AND FEES

 

64E-5.204 Types of Licenses. 

Licenses for radioactive materials are of two types:  general and specific.

(1)  Some general licenses provided in this part may be effective without the filing of applications with the Department or the issuance of licensing documents to the particular persons, although the filing of a certificate with the Department for general licenses pursuant to subsection 64E-5.206(7) or (8), F.A.C., shall be required of the particular general licensee prior to the receipt of radioactive material and the Department requires registration of certain general licenses described in subsection 64E-5.206(4), F.A.C.  The payment of a fee is also required by all persons possessing general licensed material described in paragraph (1)(c), below.  The general licensee is subject to all other applicable portions of these regulations and any limitations of the general license.

(a) through (2)(e)  No change.

Specific Authority 404.051, 404.061, 404.131 FS. Law Implemented 404.031, 404.051(1), (4), (10), 404.061, 404.081(1), 404.141 FS. History—New 7-17-85, Amended 9-9-90, 8-25-91, 5-12-93, 11-6-94, Formerly 10D-91.304, Amended 5-18-98, ____________.

 

SUBPART B GENERAL LICENSES

 

64E-5.206 General Licenses - Radioactive Material Other Than Source Material.

(1) through (3) No change.

(4)  Certain Measuring, Gauging and Controlling Devices.

(a) No change.

(b)1. The general license in paragraph (4)(a), above, applies only to radioactive material contained in devices which have been manufactured and labeled in accordance with the specifications contained in a specific license issued by the Department pursuant to subsection 64E-5.210(4), F.A.C., or in accordance with the specifications contained in a specific license issued by the U.S. Nuclear Regulatory Commission, an Agreement Sate or a Licensing State, which authorizes distribution of devices to persons granted a general license by the U.S. Nuclear Regulatory Commission, an Agreement State or a Licensing State.  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 Section 179.21 of 21 C.F.R. Part 179.

2.  The devices must have been received from one of the specific licenses described in (b)1., above or through a transfer made under subparagraph 6E-5.206(4)(c)8., F.A.C.

(c)  Any person who owns, receives, acquires, possesses, uses, or transfers radioactive material in a device pursuant to the general license in paragraph (4)(a), above;

(1) through (4) No change. 

5.  Upon the occurrence of a failure of or damage to, or any indication of a possible failure of or damage to, the shielding of the radioactive material or the on-off mechanism or indicator, or upon the detection of 0.005 microcurie (185 Bq) or more removable radioactive material, shall immediately suspend operation of the device until it has been repaired by the manufacturer or other person holding an applicable specific license from the Department, the U.S. Nuclear Regulatory Commission, an Agreement State or a Licensing State to repair such devices, or disposed of by transfer to a person authorized by an applicable specific license to receive the radioactive material contained in the device and, within 30 days, furnish to the Department a report containing a brief deion of the event and the remedial action taken; and in the case of removable radioactive materials or failure of or damage to a source likely to result in contamination of the premises or the environment, a plan for ensuring the premise and environment are acceptable for unrestricted use using the criteria described in Rule 64E-5.222, F.A.C.

(6) No change.

7.  Except as provided in subparagraph (4)(c)8., below, shall transfer or dispose of the device containing radioactive material only by transfer to a specific licensee of the Department, the U.S. Nuclear Regulatory Commission, an Agreement State or a Licensing State, whose specific license authorizes him to receive the device, and within 30 days after transfer of a device to a specific licensee, shall furnish to the Department a report containing identification of the device by manufacturer's or initial transferor’s name and model number and serial number,and the name, and address, license number, where applicable, of the person receiving the device, and the date of the transfer;  No report is required if the device is transferred to the specific licensee in order to obtain a replacement device;

8.  Shall transfer the device to another general licensee only:

a.  Where the device remains in use at a particular location.  In such case the transferor shall give the transferee a copy of this regulation section, a copy of Rules 64E-5.103, 64E-5.328, and 64E-5.329, F.A.C., and any safety documents identified in the label on the device and within 30 days of the transfer, report to the Department the manufacturer's or initial transferor’s name and model number and serial number of device transferred, the transferor’s name and mailing address for the location of useof the transferee, and the name, title, and phone number of the responsible individual identified by the transferee in accordance with paragraph 64E-5.206(4)(c) and subsection (11), F.A.C., to have knowledge of and authority to take actions to ensure compliance with these regulations or position of an individual who may constitute a point of contact between the Department and the transferee; or

b.  Where the device is held in storage in the original shipping container at its intended location of use prior to initial use by a general licensee; and

(9) No changes.

10.  Shall be required to obtain written Department authorization before transferring the device to any other specific license not specifically identified in paragraph 64E-5.206(4)(c) and subsection (7), F.A.C.  The Department authorization is granted provided the specific license identifies the device.

11.  Shall appoint an individual responsible for having knowledge of the appropriate regulations and requirements and the authority for taking required actions to comply with appropriate regulations and requirements.  The general licensee, through this individual, shall ensure the day-to-day compliance with the appropriate regulations and requirements.  This appointment does not relieve the general licensee of any of its responsibility in the regard.

12. a. Shall register, in accordance with sub-subparagraphs 64E-5.206(4)(c)12.b, and 64E-5.206(4)(c)12.c, F.A.C., all devices except exit signs containing tritium. Each address for a location of use as described in sub-subparagraphs 64E-5.206(4)(c )12.c.(IV), F.A.C., represents a separate general license and requires a separate registration.

b. Shall annually register with the Department the possession of a device meeting the criteria in sub-subparagraphs 64E-5.206(4)(c)12.a, F.A.C.  Registration must be done by verifying, correcting or adding to the information provided in a request for registration received from the Department.  The registration information must be submitted to the Department within 30 days of the date of the request for registration or as otherwise indicated in the request.  In addition, the general licensee holding devices that meet the criteria of sub-subparagraphs 64E-5.206(4)(c)12.a, F.A.C.,  is subject to the bankruptcy notification requirements in subsection 64E-5.213(3), F.A.C.

c.  Shall provide the following information and any other information requested by the Department:

(I)  Name and mailing address of the general licensee;

(II)  For each device, the manufacturer’s name or initial transferor name, model number, serial number, the radioisotope and activity as identified on the label;

(III)  Name, title, and telephone number of the responsible person designated a representative of the general licensee under paragraph 64E-5.206(4)(c) and subsection (11), F.A.C.;

(IV)  Address or location at which the device(s) are used or stored.  For portable devices, the address of the primary place of storage;

(V)  Certification by the responsible representative of the general licensee that the information concerning the devices(s) have been verified through a physical inventory and checking the label information; and

(VI)  Certification by the responsible representative of the general licensee that they are aware of the requirements of the general license.

d.  Persons generally licensed by other Agreement States, Licensing States, or the U.S. Nuclear Regulatory Commission with respect to devices meeting the criteria in 10 CFR 31.5(c)(13)(i) are not subject to registration requirements if the devices are used in areas subject to the Department jurisdiction for less than 180 days in any calendar year.  The Department will not request registration from such licensees.

13.  Shall report to the Department changes in the general licensee name and the mailing address for each location or use within 30 days of the effective date of the change.  For a portable device, a report of address change is required for a change in the device’s primary place of storage.

14.  May not hold devices that are not in use longer than 2 years.  If the devices with shutters are not being used, the shutters must be locked in the closed position.  The testing required by subparagraph 64E-5.206(4)(c)2, F.A.C., need not be performed during the period of storage only.  However, when devices are put back into service or transferred to another person, and have not been tested within the required test interval, they must be tested before use.  Devices kept in standby for future use are excluded from the two year time limit if the general licensee performs physical inventories at intervals not to exceed three months while they are in standby.

(4)(d) through (10) No changes.

Specific Authority 404.051, 404.061, 404.071, 404.081 FS Law Implemented 404.022, 404.051(1), (4), (6), (8), (9), (10), (11), 404.061(2), 404.071(1), (3), 404.081(1), 404.141 FS. History—New 7-17-85, Amended 4-4-89, 1-1-94, Formerly 10D-91.306, Amended___________.

SUBPART C SPECIFIC LICENSES

 

64E-5.210 Special Requirements for a Specific License to Manufacture, Assemble, Repair or Distribute Commodities, Products or Devices which Contain Radioactive Material.

(1) through (3)  No change.

(4)  Licensing the Manufacture and Distribution of Devices to General Licensees Under subsection 64E-5.206(4), F.A.C.

(a)  An application for a specific license to manufacture or distribute devices containing radioactive material, excluding special nuclear material, to persons possessing a general license under subsection 64E-5.206(4), F.A.C., or equivalent regulations of the U.S. Nuclear Regulatory Commission, an Agreement State or a Licensing State will be approved if:

(1) through (3) No change.

4.  Each device having a separable source housing that provides the primary shielding for the source also bears, on the source housing, a durable label containing the device model number and serial number, the radioisotope and quantity, the words “Caution Radioactive Materials,” the radiation symbol described in Rule 64E-5.322, F.A.C., the name of the manufacturer or initial distributor.

5.  Each device containing at least 10 millicuries (370 MBq) of cesium-137, 0.1 millicuries (3.7 MBq) of strontium-90, 1 millicurie (37 MBq) of cobalt-60, or 1 millicurie (37 MBq) of americium-241 or any other element with atomic numbers greater than 92, based on the activity indicated on the label, must bear a permanent label affixed to the source housing if separable, or the device if the source housing is not separable, that includes the words “Caution Radioactive Materials,” and if practical, the radiation symbol described in Rule 64E-5.322, F.A.C.  Example of a permanent label include labels that are embossed, etched, stamped or engraved to the source housing or device as applicable.

(b) through (c) No change.

(d)  If a device containing radioactive material is transferred for use under the general license described in subsection 64E-5.206(4), F.A.C., each person that is licensed under subsection 64E-5.210(4), F.A.C., shall provide the information specified in this section to each person to whom a device is to be transferred.  This information must be provided before the device may be transferred.  In the case of a transfer through an intermediate person, the information must also be provided to the intended user prior to the initial transfer to the intermediate person.  The required information includes the following:

1.  A copy of the general license contained in subsection 64E-5.206(4); subparagraphs 64E-5.206(4)(c)2.,3. and 4. or 64E-5.206(4)(c)12., F.A.C., do not apply to the particular device, those paragraphs may be omitted;

2.  A copy of Rules 64E-5.103, 64E-5.328, and 64E-5.329, F.A.C.;

3.  A list of services that can only be performed by a specific licensee;

4.  Information on acceptable disposal options including costs of disposal; and

5.  An indication that department policy is to issue high civil penalties for improper disposal.

(d)  Each person licensed under subsection 64E-5.210(4), F.A.C., to distribute devices to persons under a general license shall:

1.  Furnish a copy of the general license contained in Rule 64E-5.206(4), F.A.C., to each person to whom he directly or through an intermediate person transfers radioactive material in a device for use pursuant to the general license contained in subsection 64E-5.206(4), F.A.C.;

2.  Furnish a copy of the general license contained in the U.S. Nuclear Regulatory Commission's, Agreement State's, or Licensing State's regulation equivalent to subsection 64E-5.206(4), F.A.C., or alternatively, furnish a copy of the general license contained in subsection 64E-5.206(4), F.A.C., to each person to whom he directly or through an intermediate person transfers radioactive material in a device for use pursuant to the general license of the U.S. Nuclear Regulatory Commission, the Agreement State, or the Licensing State.  If a copy of the general license in subsection 64E-5.206(4), F.A.C., is furnished to such a person, it shall be accompanied by a note explaining that the use of the device is regulated by the U.S. Nuclear Regulatory Commission, Agreement State, or Licensing State under requirements substantially the same as those in subsection 64E-5.206(4), F.A.C.;

3.  Report to the Department all transfers of such devices to persons for use under the general license in subsection 64E-5.206(4), F.A.C.  Such report shall identify each general licensee by name and address, an individual by name or position who may constitute a point of contact between the Department and the general licensee, the type and model number of device transferred and the quantity and type of radioactive material contained in the device.  If one or more intermediate persons will temporarily possess the device at the intended place of use prior to its possession by the user, the report shall include identification of each intermediate person by name, address, contact, and relationship to the intended user.  If no transfers have been made to general licensees subsection 64E-5.206(4), F.A.C., during the reporting period, the report shall so indicate.  The report shall cover each calendar quarter and shall be filed within 30 days thereafter;

4.  Furnish reports to other agencies.

a.  Report to the U.S. Nuclear Regulatory Commission all transfers of such devices to persons for use under the U.S. Nuclear Regulatory Commission general license in Section 31.5 of 10 CFR Part 31.

b.  Report to the responsible state agency all transfers of devices manufactured and distributed to persons for use under a general license in that State's regulations equivalent to subsection 64E-5.206(4), F.A.C.

c.  Such reports shall identify each general licensee by name and address, an individual by name or position who may constitute a point of contact between the Department and the general licensee, the type and model of the device transferred, and the quantity and type of radioactive material contained in the device.  If one or more intermediate persons will temporarily possess the device at the intended place of use prior to its possession by the user, the report shall include identification of each intermediate person by name, address, contact and relationship to the intended user.  The report shall be submitted within 30 days after the end of the calendar quarter in which such a device is transferred to the general licensee.

d.  If no transfers have been made to U.S. Nuclear Regulatory Commission licensees during the reporting period, this information shall be reported to the U.S. Nuclear Regulatory Commission.

e.  If no transfers have been made to general licensees within a particular state during the reporting period, this information shall be reported to the responsible state agency upon request of that agency; and

5.  Keep records showing the name, address and the point of contact for each general licensee to whom he directly or through an intermediate person transfers radioactive material in devices for use pursuant to the general license provided in subsection 64E-5.206(4), F.A.C., or equivalent regulations of the U.S. Nuclear Regulatory Commission, an Agreement State or a Licensing State. The records shall show the date of each transfer, the radionuclide and the quantity of radioactivity in each device transferred, the identity of any intermediate person and compliance with the report requirements of this section.

(e)  If a device containing radioactive material is transferred for use under an equivalent general license of an Agreement State or the U.S. Nuclear Regulatory Commission, each person that is licensed under subsection 64E-5.210(4), F.A.C., shall provide the information specified in this section to each person to whom a device is to be transferred.  This information must be provided before the device may be transferred.  In the case of a transfer through an intermediate person, the information must also be provided to the intended user prior to the initial transfer to the intermediate person.  The required information includes the following:

1.  A copy of the Agreement States or U.S. Nuclear Regulatory Commission equivalent to Rules 64E-5.103, 64E-5.328, and 64E-5.329, F.A.C.  If a copy of the U.S. Nuclear Regulatory Commission regulations is provided to a prospective general licensee in lieu of the Agreement States regulations, it shall be accompanied by a note explaining that the use of the device is regulated by the Agreement State.  If certain parts of the regulations do not apply to the particular device, those regulations may be omitted;

2.  A list of services that can only be performed by a specific licensee;

3.  Information on acceptable disposal options including costs of disposal; and

4.  The name or title, address, and phone number of the contact at the Agreement State regulatory agency or U.S. Nuclear Regulatory Commission , as applicable, from which additional information may be obtained.

(g)  Each device that is transferred must meet the labeling requirements in subparagraphs 64E-5.210(4)(d)3. through 5., F.A.C.

(h)  If a notification of bankruptcy has been made under subsection 64E-5.213(3), F.A.C., or the license is to be terminated, each person licensed under subsection 64E-5.210(4), F.A.C., shall provide, upon request, to the Department, U.S. Nuclear Regulatory Commission and to any appropriate Agreement State, records of final disposition required under paragraph 64E-5.210(4)(k), F.A.C.

(i) Each person licensed under subsection 64E-5.210(4), F.A.C., shall comply with the following reporting and record keeping requirements.

1.  Report all transfers of devices to persons for use under the general license described in subsection 64E-5.206(4), F.A.C., and all receipts of devices from persons licensed under subsection 64E-5.206(4), F.A.C., to the Department.  This report must be submitted at intervals not to exceed 3 months and contain all of the information described in “Transfers of Industrial Devices Report 10/2003” herein incorporated by reference. 

2.  This report must be clear and legible and contain the following data:

a.  The identity of each general licensee by name and mailing address for the location of use; if no mailing address for the location of use, an alternative address for the general licensee shall be submitted along with information on the actual location of use;

b.  The name, title, and phone number of the person identified by the general licensee as having knowledge of and authority to take required actions to ensure compliance with the appropriate regulations and requirements;

c.  The date of transfer;

d.  The type, model number, and serial number of the device transferred; and

e.  The quantity and type of radioactive materials contained in the device.

3.  If one or more intermediate persons will temporarily possess the device at the intended place of use before its possession by the user, the report must include the same information for both the intended user and each intermediate person and clearly designate the intermediate person(s).

4.  For devices received from a subsection 64E-5.206(4), F.A.C., general licensee, the report must include the identity of the general licensee by name and address, the type, model number, and serial numbers of the device received, the date of receipt, and, in the case of devices not initially transferred by the reporting licensee, the name of the manufacturer or initial transferor.

5.  If the licensee makes changes to the device possessed by a subsection 64E-5.206(4), F.A.C., general licensee, such that the label must be changed to update required information, this report must identify the general licensee, the device, and the changes to information on the device label.

6.  The report must clearly identify the specific licensee submitting the report and include the licenses number of the specific licensee.

7.  If no transfers have been made to or from persons generally licensed under subsection 64E-5.206(4), F.A.C., during the reporting period, the report must so indicate.

(i)  Each person licensed under subsection 64E-5.210(4), F.A.C., shall comply with the following additional reporting and record keeping requirements for transfers and receipt of devices to Agreement States.

1.  Report all transfers of devices to persons for use under the general license in an Agreement State that are equivalent to subsection 64E-5.206(4), F.A.C., and all receipts of devices from persons licensed under a general license in Agreement State jurisdiction to the responsible Agreement State agency.  This report must contain all of the information described in “Transfers of Industrial Devices Report 10/2003.” 

2.  The report must be clear and legible and contain the following data:

a.  The identity of each general licensee by name and mailing address for the location of use; if no mailing address for the location of use, an alternative address for the general licensee shall be submitted along with information on the actual location of use;

b.  The name, title, and phone number of the person identified by the general licensee as having knowledge of and authority to take required actions to ensure compliance with the appropriate regulations and requirements;

c.  The date of transfer;

d.  The type, model number, and serial number of the device transferred; and

e.  The quantity and type of radioactive materials contained in the device.

3.  If one or more intermediate persons will temporarily possess the device at the intended place of use before its possession by the user, the report must include the same information for both the intended user and each intermediate person and clearly designate the intermediate person(s).

4.  For devices received from a general licensee, the report must include the identity of the general licensee by name and address, the type, model number, and serial numbers of the device received, the date of receipt, and, in the case of devices not initially transferred by the reporting licensee, the name of the manufacturer or initial transferor.

5.  If the licensee makes changes to the device possessed by a general licensee, such that the label must be changed to update required information, this report must identify the general licensee, the device, and the changes to information on the device label.

6.  The report must clearly identify the specific licensee submitting the report and include the license number of the specific licensee.

7.  If no transfers have been made to or from a particular Agreement State during the reporting period, this information shall be reported to the responsible Agreement State agency upon request of the agency.

8.  The report must cover each calendar quarter and must be filed within 30 days of the end of the calendar quarter and must clearly indicate the period covered by the report.

(k)  The persons shall maintain all information concerning transfers and receipts of devices that supports the reports required by subsection 64E-5.210(4), F.A.C.  Records and reports described in subsection 64E-5.210(4), F.A.C., shall be maintained for inspection by the Department for a period of 3 years following the date of the recorded event.

(5) through (14)  No change.

Specific Authority 404.051, 404.061, 404.071, 404.081, 404.141 FS. Law Implemented 404.022, 404.051(1), (4), (6), (9), (10), (11), 404.061(2), 404.081(1), 404.141 FS. History—New 7-17-85, Amended 8-25-91, 5-12-93, 1-1-94, 5-15-96, Formerly 10D-91.311, Amended 8-6-01,_________.

 

64E-5.213 Specific Terms and Conditions of License.

(1) through (2) No change. 

(3) (a) Each specific or general licensee shall notify the Department in writing immediately following the filing of a voluntary or involuntary petition for bankruptcy under any chapter of Title 11 (Bankruptcy) of the United States Code (U.S.C.) by or against:

1.  The licensee;

2.  An entity, as that term is defined in 11 U.S.C. 101(14), controlling the licensee or listing the license or licensee as property of the estate; or

3.  An affiliate, as that term is defined in 11 U.S.C. 101(2), of the licensee.

(b)  This notification shall indicate the bankruptcy court in which the petition for bankruptcy was filed and the date of the filing of the petition for bankruptcy.

(4) through (8)  No change.

Specific Authority 404.051, 404.061, 404.141 FS. Law Implemented 404.051(1), (4), 404.061(2), (3), 404.081(1), 404.141 FS. History—New 7-17-85, Amended 4-4-89, 5-12-93, 8-29-94, Formerly 10D-91.314, Amended 5-18-98,              .

 

PART III STANDARDS FOR PROTECTION AGAINST RADIATION

SUBPART C OCCUPATIONAL DOSE LIMITS

 

64E-5.304 Occupational Dose Limits for Adults.

(1)  The licensee or registrant shall control the occupational dose to individual adults, except for planned special exposures as specified in Rule 64E-5.309, F.A.C., to the following dose limits:

(a) through (2) No change.

(b)  The annual limits to the lens of the eye, to the skin of the whole body, and to the skin of the extremities which are:

1.  A lens dose equivalent of 15 rem (0.15 sievert), and

2.  A shallow dose equivalent of 50 rem (0.5 sievert) to the skin of the whole body or to skin of any extremity.

(2)  No change.

(3)  The assigned deep dose equivalent must and shallow dose equivalent shall be for the partportion of the body receiving the highest exposure.  The assigned shallow dose equivalent must be the dose averaged over the contiguous 10 square centimeters of skin receiving the highest exposure.  The deep dose equivalent, lens dose equivalent and shallow dose equivalent may can be assessed from surveys or other radiation measurements to demonstrate 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.

(4) through (6) No change.

Specific Authority 404.051, 404.081 FS. Law Implemented 404.022, 404.051(1), (4), 404.081 FS. History–New 1-1-94, Formerly 10D-91.435, Amended 10-8-00,                            .

 

SUBPART G RESPIRATORY PROTECTION AND CONTROLS TO RESTRICT INTERNAL EXPOSURE IN RESTRICTED AREAS

 

64E-5.318 Use of Process or Other Engineering Controls.  The licensee shall use to the extent practical practicable process or other engineering controls such as containment, decontamination, or ventilation to control the concentrations of radioactive material in air.

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

(a)(1) Control of access;

(b)(2) Limitation of exposure time;

(c)(3) Use of respiratory protection equipment; or

(d)(4) Other controls.

(2)  If the licensee performs an ALARA analysis to determine whether or not to use respirators, the licensee can consider safety factors other than radiological factors.  The licensee also should consider the impact of respirator use on workers’ industrial health and safety.

Specific Authority 404.051 FS. Law Implemented 404.022, 404.051(1), (4) FS. History–New 1-1-94, Amended 5-15-96, Formerly 10D-91.450, Amended              .

64E-5.319 Use of Individual Respiratory Protection Equipment.

(1) If the licensee uses respiratory protection equipment to limit intakes as specified in Rule 64E-5.318, F.A.C.:

(a) The licensee 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, except as provided in paragraph 64E-5.319(1)(b), F.A.C.

(b) If the licensee wishes to 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, the licensee shall submit an application for authorized use of that equipment, including evidence a demonstration by testing or a demonstration on the basis of reliable 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 demonstrated by testing or on the basis of reliable test information.

(c) The licensee shall implement and maintain a respiratory protection program that includes:

1. Air sampling sufficient to identify the potential hazard, permit proper equipment selection, and estimate doses exposures;

2. Surveys and bioassays as needed to evaluate actual intakes;

3. Testing of respirators for operability including user seal checks for face sealing devices and functional checks for other devices immediately before prior to each use;

4. Written procedures regarding selection, fitting, issuance, maintenance, and testing of respirators, including testing for operability immediately prior to each use; supervision and training of respirator users personnel; monitoring, including air sampling and bioassays; fit testing; respirator selection; breathing air quality; inventory and control; storage, issuance, maintenance, repair, testing, and quality assurance of respiratory protection equipment; limitations on periods of respirator use and relief from respirator use; and recordkeeping; and

5. Determination by a physician before prior to initial fitting of face sealing respirators, before the first field use of non-face sealing respirators, and every 12 months thereafter or periodically at a frequency determined by a physician that the individual user is medically fit to use the respiratory protection equipment; and

6.  Fit testing before the first field use of tight fitting face-sealing respirators and periodically thereafter at a frequency not to exceed 1 year with fit factor  10 times the APF for negative pressure devices and a fit factor  500 for any positive pressure, continuous flow, and pressure-demand devices.  Fit testing shall be performed with the facepiece operating in the negative pressure mode.

(d) The licensee shall issue a written policy statement on respirator usage covering:

1. The use of process or other engineering controls instead of respirators;

2. The routine, nonroutine, and emergency use of respirators; and

3. The length of periods of respirator use and relief from respirator use.

(d)(e) The licensee shall advise each respirator user that the user can 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.

(e)  The licensee also shall consider limitations appropriate to the type and mode of use.  When selecting respiratory devices, the licensee shall provide for vision correction, adequate communication, low temperature work environments, and the concurrent use of other safety or radiological protection equipment.  The licensee shall use equipment in such a way as not to interfere with the proper operation of the respirator.

(f)  Standby rescue persons are required whenever one-piece atmosphere-supplying suits or any combination of supplied-air respiratory protection device and personnel protective equipment are used from which an unaided individual would have difficulty extricating himself or herself.  Standby persons shall be equipped with respiratory protection devices or other apparatus appropriate for the potential hazards.  The standby rescue persons shall observe or otherwise maintain continuous communication with the workers through visual, voice, signal line, telephone, radio, or other suitable means and be available immediately to assist them in case of a failure of the air supply or for any other reason that requires relief from distress.  A sufficient number of standby rescue persons shall be available immediately to assist all users of this type of equipment and to provide effective emergency rescue if needed.

(g)  Atmosphere-supplying respirators shall be supplied with respirable air of grade D quality or better as defined by the Compressed Gas Association in publication G-7.1, “Commodity Specification for Air,” 1997, which is herein incorporated by reference and, available from the Compressed Gas Association, Inc., and included in the regulations of the Occupational Safety and Health Administration.  Grade D quality air criteria include:

1.  Oxygen content (v/v) of 19.5—23.5%;

2.  Condensed hydrocarbon content of 5 milligrams per cubic meter of air or less;

3.  Carbon monoxide content of 10 ppm or less;

4.  Carbon dioxide content of 1,000 ppm or less; and

5.  Lack of noticeable odor.

(h)  The licensee shall ensure that no objects, materials, or substances such as facial hair, or any conditions that interfere with the face-to-facepiece seal or valve function and that are under the control of the respirator wearer are between the skin of the wearer’s face and the sealing surface of a tight-fitting respirator facepiece.

(f) The licensee 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.

(2) When estimating the dose to exposure of individuals from to airborne radioactive materials, the concentration of radioactive material in the air that is inhaled when respirators are worn is assumed initially to be the ambient concentration in air without respiratory protection divided by the assigned protection factor.  If the dose later is found to be greater than the estimated dose, the corrected value shall be used.  If the dose later is found to be less than the estimated dose, the corrected value can be used. licensee can make allowance for respiratory protection equipment used to limit intakes as specified in Rule 64E-5.318, F.A.C., if the following conditions, in addition to those in Rule 64E-5.319(1), F.A.C., are satisfied:

(a) Licensees shall take actions to limit doses to individuals from intakes of airborne radioactive materials to maintain total effective dose equivalent ALARA, which could include using process or other engineering controls and limiting the use of respiratory protection equipment.  The licensee selects respiratory protection equipment that provides a protection factor specified in State of Florida Office of Radiation Control Protection Factors for Respirators, July 1993, which is herein incorporated by reference and which is available from the department, greater than the multiple by which peak concentrations of airborne radioactive materials in the working area are expected to exceed the values specified in State of Florida Office of Radiation Control ALIs, DACs, and Effluent Concentrations, July 1993, 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 Rule 64E-5.318, F.A.C., of keeping the total effective dose equivalent ALARA, the licensee can select respiratory protection equipment with a lower protection factor if 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 can 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 can be used.

(b) The licensee shall obtain authorization from the Department before using assigned assigning respiratory protection factors in excess of those specified in State of Florida Bureau  Office of Radiation Control Protection Factors for Respirators, May 2006 July 1993. The Department can authorize a licensee to use higher protection factors on receipt of an application that:

1. Describes the situation for which a need exists for higher protection factors; and

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

(3) In an emergency the licensee 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.

(4) The licensee shall notify the Department in writing at least 30 days before the date that respiratory protection equipment is first used as specified in either Rule 64E-5.319(1) or (2), F.A.C.

Specific Authority 404.051, 404.081 FS. Law Implemented 404.051(1), (4), 404.081 FS. History–New 1-1-94, Formerly 10D-91.452, Amended 5-18-98, Amended                                          .

 

PART IV RADIATION SAFETY REQUIREMENTS FOR LICENSEES AND REGISTRANTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS

SUBPART A EQUIPMENT CONTROL

 

64E-5.427 Leak Testing, Repairing, Tagging, Opening, Modifying, and Replacing Sealed

Sources and Devices.

(1) through (3)  No change.

(4)  Leak testing as specified in subsections 64E-5.427(2) and (3), F.A.C., shall be capable of detecting the presence of 0.005 microcurie (185 Bq) of removable contamination on the test sample.  The wipe sample shall be taken from the nearest accessible point to the sealed source where when contamination could accumulate.
       (5) If any test conducted pursuant to this section reveals the presence of 0.005 microcurie (185 Bq) or more of removable radioactive material, the licensee immediately shall withdraw the equipment from use and cause it to be decontaminated and repaired or disposed of in accordance with Rule 64E-5.1303, F.A.C., and the applicable sections of rules contained in Parts III and XV of Chapter 64E-5, F.A.C.  If DU leak testing reveals the presence of 0.005 microcurie (185 Bq) or more of removable DU contamination, the exposure device shall be removed from use until an evaluation of the wear on the S-tube has been made.  If the evaluation reveals that the S-tube is worn through, the device shall not be used.  The licensee shall file a report with the department describing the equipment involved, the test results, and the corrective action taken within 5 days after obtaining results of the test.

Specific Authority 404.051 FS. Law Implemented 404.022, 404.051(1), (4), (6) FS. History–New 9-11-01, Amended.

 

64E-5.429 Source Movement Logs, Daily Survey Reports, and Individual Dosimeter Logs.

(1)  Each time a radiation source is removed from storage, the licensee or registrant shall complete and maintain source movement logs for each radiation source with the following information, as applicable:

(a)  The locations where used, the names of the jobs or clients, and the dates of use including the dates removed and returned to storage.

(b) through (d) No Change.

(e)  The identity and signature or initials of the radiographer to whom the radiation source has been assigned.

(2) through (3)  No Change.

Specific Authority 404.051 FS. Law Implemented 404.022, 404.051(1), (4), 404.081(1) FS. History–New 9-11-01, Amended.

 

SUBPART B RADIATION SAFETY REQUIREMENTS

 

64E-5.434  Training, Testing, Certification, and Audits.

(1)  No change.

(2)  Licensees and registrants can allow individuals who have completed the training and testing specified in paragraphs 64E-5.434(2)(a) – (d), F.A.C., below, to perform industrial radiography for 12 months after the effective date of these rules.  The licensee or registrant shall not permit any individual to act as a radiographer until such individual:

(a) through (c) No change.

(d)  Successfully completes a closed-book, written examination on the subjects outlined in subsection 64E-5.434(6), Rule 64E‑5.434(4), F.A.C., and a practical examination to demonstrate competence in the use of the licensee’s or registrant’s radiographic and safety equipment; and

(e) through (6)  No change.

(7) Each licensee or registrant shall provide 8 hours of refresher annual radiation safety training to all radiographic personnel, which can be conducted in multiple sessions.

(8) through (9) No change.

Specific Authority 404.051, 404.061 FS. Law Implemented 404.022, 404.051(1), (4), 404.061(2) FS. History—New 9-11-01, Amended                            .

 

SUBPART C PRECAUTIONARY PROCEDURES IN RADIOGRAPHIC OPERATIONS

64E-5.440 Records.

(1)  Each licensee or registrant shall maintain the following records for 3 years after the event at the location specified in Rule 64E-5.432, F.A.C., for inspection by the department:

(a)  through (g) No change.

(h)  Records showing receipts and transfers of sealed sources and devices using DU for shielding, including the date, the name of the individual making the record, radionuclide, number of curies (becquerels) or mass, manufacturer, model, and serial number of each sealed source and device, as appropriate;.

(i)  Records of annual ALARA audits specified in paragraph 64E-5.432(4)(c), F.A.C.

(2)  Each licensee or registrant shall maintain the following records until the Department terminates the license or registration requiring the record:

(a)  through (f) No changes.

(g)  Personnel monitoring badge records from the accredited NVLAP processor as specified in subsection 64E-5.437(2), F.A.C.; Records of annual ALARA audits specified in Rule 64E-5.432(3)(c), F.A.C.; and

(h)  Operating and emergency procedures.  Licensees shall retain superseded material for 3 years after making changes to operating or emergency procedures.

(3)  No Change.

Specific Authority 404.051 FS. Law Implemented 404.022, 404.051(1), (4), 404.081(1), 404.20 FS. History—New 9-11-01, Amended                            .

 

64E-5.441 Reporting Requirements.

(1)  In addition to the reporting requirements specified in rules contained in Chapter 64E-5, Parts III, and IX, F.A.C., and other sections of this part, each licensee shall provide a written report to the department within 30 days of the occurrence of any of the incidents involving radiographic equipment described below.  Such reports shall be mailed to the Bureau of Radiation Control, Radioactive Materials Section, Bin C21, 4052 Bald Cypress Way, Tallahassee, Florida 32399-1741 for incidents involving radioactive materials or to the Bureau of Radiation Control, Radiation Machine Section, P. O. Box 210, Jacksonville, Florida 32231 for incidents involving radiation machines.

(1)(a) through (3)  No Change.

Specific Authority 404.051 FS. Law Implemented 404.022, 404.051(1), (4), 404.081(1) FS. History—New 9-11-01, Amended                                          .

 

PART XI RADIATION SAFETY REQUIREMENTS FOR WIRELINE SERVICE OPERATIONS AND SUBSURFACE TRACER STUDIES

SUBPART A EQUIPMENT CONTROL

 

64E-5.1104 Leak Testing of Sealed Sources.

(1)  No changes.

(2)  Method of testing.  Tests for leakage shall be performed only by persons specifically authorized to perform such tests by the Department, the U.S. Nuclear Regulatory Commission, an Agreement State, or a licensing state using a leak test kit or method approved by the department, the U.S. Nuclear Regulatory Commission, an Agreement State, or a Licensing State. The test sample shall be taken from the nearest accessible point to the sealed source where surface of the source, source holder, or from the surface of the device in which the source is stored or mounted and on which contamination might be expected to accumulate. The test sample shall be analyzed for radioactive contamination, and the analysis shall be capable of detecting the presence of 0.005 microcurie (185 Bq) of radioactive material on the test sample.

(3)  Test frequency.  Interval of Testing.

(a)  Each sealed source except an energy compensation source or ECS containing radioactive material shall be tested at intervals not to exceed 6 months.  In the absence of a certificate from a transferor indicating that a test has been made within the 6 months before prior to the transfer, the sealed source shall not be used put into use until tested. If, for any reason, it is suspected that a sealed source may be leaking, it shall be removed from service immediately and tested for leakage as soon as practical.

(b)  Each ECS that is not exempt from testing as specified in subsection 64E-5.1104(5), F.A.C., below, shall be tested at intervals not to exceed 3 years.  In the absence of a certificate from a transferor that a test has been made within the 3 years before transfer, the ECS shall not be used until tested.

(4) Removal of Leaking or Contaminated Sources from service. If the test specified in subsection (3), above, reveals the presence of 0.005 microcurie (185 Bq) or more of removable radioactive material leakage or contamination, the licensee shall remove immediately withdraw the sealed source from service immediately use and shall cause it to be decontaminated, repaired, or disposed of by a person licensed by the department, the U.S. Nuclear Regulatory Commission, an Agreement State, or a Licensing State to perform these functions in accordance with these regulations. The licensee shall check the equipment associated with the leaking source for radioactive contamination, and if contaminated, have it decontaminated or disposed of by a person licensed by the department, the U.S. Nuclear Regulatory Commission, an Agreement State or a licensing state to perform these functions in accordance with these regulations. A report describing the equipment involved, the test results, any contamination which resulted from the leaking source, and corrective action taken shall be filed with the Department within 5 days of receiving the test results.

(5) Exemptions. The following sources are exempted from the periodic leak test requirements of subsections 64E-5.1104(1) through (4), F.A.C.:

(a) through (e) No changes.

Specific Authority 404.022, 404.051(1), (4), 404.061, 404.081(1) FS. Law Implemented 404.022, 404.051(1), (5), 404.061(2), 404.081 FS. History–New 4-4-89, Formerly 10D-91.12051 Amended              .

 

64E-5.1107 Design, Performance and Certification Criteria for Sealed Sources Used in Downhole Operations.

(1) A licensee can use a sealed source in well logging applications if:  Each sealed source, except those containing radioactive material in gaseous form, used in downhole operations and manufactured after June 30, 1982, shall be certified at the time of manufacture, to meet the following minimum criteria:

(a) The sealed source iIs of doubly encapsulated construction;

(b) The sealed source cContains radioactive material whose chemical and physical forms are as insoluble and nondispersible as practical; and

(c) The sealed source meets the requirements specified in subsections (2), (3), or (4), below.  Has individually passed external pressure testing to at least 24,656 pounds per square inch absolute (170 MN per m2).

(2)  A licensee can use a sealed source manufactured on or before July 14, 1989, in well logging applications if it meets the requirements of USASI N5.10 - 1968, “Classification of Sealed Radioactive Sources”, which is herein incorporated by reference and available from the Department, or the requirements specified in subsections (3) and (4), below.  Sealed sources, except those containing radioactive material in gaseous form, manufactured prior to June 30, 1982, and acquired after that date, in the absence of a certificate from a transferor certifying that an individual sealed source meets the requirements of (1)(a) and (b), above, shall not be put into use until such determinations and testing according to (1)(c), above, have been performed.

(3)  A licensee can use a sealed source manufactured after July 14, 1989, in well logging applications if it meets the oil-well logging requirements specified in ANSI/HPS N43.6 - 1997, “Sealed Radioactive Sources—Classification”, which is herein incorporated by reference and available from the Department.  Certification documents shall be maintained for inspection by the Department for a period of 2 years after source disposal.  If the source is abandoned downhole, the certification documents shall be maintained for 100 years.

(4)  A licensee can use a sealed source manufactured after July 14, 1989, in well logging applications if:

(a)  The sealed source’s prototype has been tested and found to maintain its integrity after each of the following tests:

1.  Temperature.  The test source is held at -40° C for 20 minutes, 600° C for 1 hour, and then subjected to a thermal shock test with a temperature drop from 600° C to 20° C within 15 seconds.

2.  Impact test.  A 5 kg steel hammer 2.5 cm in diameter is dropped from a height of 1 m onto the test source.

3.  Vibration test.  The test source is subjected to a vibration from 25 Hz to 500 Hz at 5 g amplitude for 30 minutes.

4.  Puncture test.  A 1 gram hammer and 0.3 cm diameter pin is dropped from a height of 1 m onto the test source.

5.  Pressure test.  The test source is subjected to an external pressure of 24,600 pounds per square inch absolute (1.695 x 107 pascals).

(5)  The requirements of subsections (1) through (4), above, do not apply to sealed sources that contain licensed material in gaseous form.

(6)  The requirements of subsections (1) through (4), above, do not apply to ECSs.  ECSs shall be registered with the department as specified in subsection 64E-5.210(14), F.A.C., the U.S. Nuclear Regulatory Commission, an Agreement State, or a Licensing State.

Specific Authority 404.051, 404.061, 404.071, 404.081 FS. Law Implemented 404.022, 404.051(1), (4), (6), 404.061(2), 404.071(1), 404.081(1) FS. History–New 7-17-85, Formerly 10D-91.1208, Amended                             .

 

64E-5.11071  Uranium sinker bars.  The licensee can use a uranium sinker bar in well logging applications only if it is legibly impressed with the words “CAUTION – RADIOACTIVE - DEPLETED URANIUM” and “NOTIFY CIVIL AUTHORITIES (OR COMPANY NAME) IF FOUND.

Specific Authority 404.051, 404.061, 404.071, 404.081 FS. Law Implemented 404.022, 404.051(1), (4), (6), 404.061(2), 404.071(1), 404.081(1) FS. History–New                            .

 

64E-5.11072  Energy compensation source.  The licensee can use an ECS that is contained within a logging tool or other tool components only if the ECS contains 100 microcuries (3.7 MBq) or less of licensed material.

(1)  For well logging applications with a surface casing for protecting fresh water aquifers, use of the ECS is subject only to the requirements specified in Rules 64E-5.1104, 64E-5.1107, and 64E-5.1106, F.A.C., above.

(2)  For well logging applications without a surface casing for protecting fresh water aquifers, use of the ECS is subject only to the requirements specified in Rules 64E-5.1101, 64E-1104, 64E-5.1105, 64E-5.1106, 64E-5.1119(5), and 64E-5.343 through 64E-5.349, F.A.C.

Specific Authority 404.051, 404.061, 404.071, 404.081 FS. Law Implemented 404.022, 404.051(1), (4), (6), 404.061(2), 404.071(1), 404.081(1) FS. History–New                                                        .

 

64E-5.11073  Tritium Neutron Generator Target Source.

(1)  Use of a tritium neutron generator target source containing quantities not exceeding 30 curies (1,110 MBq) and in a well with a surface casing to protect fresh water aquifers is not subject to the requirements specified in Rules 64E-5.1101, 64E-5.1107, 64E-5.1119(5), and 64E-5.343 through 64E-5.349, F.A.C.

(2)  Use of a tritium neutron generator target source containing more than 30 curies (1,110 MBq) or in a well without a surface casing to protect fresh water aquifers is not subject to the requirements specified in Rule 64E-5.1107, F.A.C.

Specific Authority 404.051, 404.061, 404.071, 404.081 FS. Law Implemented 404.022, 404.051(1), (4), (6), 404.061(2), 404.071(1), 404.081(1) FS. History–New                                                        .

 

SUBPART B REQUIREMENTS FOR PERSONNEL SAFETY

64E-5.1112 Personnel Monitoring.  No licensee or registrant shall permit any individual to act as a logging supervisor or to assist in the use of sources of radiation unless such individual wears a film badge, optically stimulated luminescent device (OSLD), or a thermoluminescent dosimeter (TLD) that is processed and evaluated by an accredited NVLAP processor. Each film badge, OSLD, or TLD shall be assigned to and worn by only one individual.  Film badges shall be replaced at least monthly and OSLDs and TLDs shall be replaced at least quarterly.  Each film badge, OSLD, and TLD shall be processed promptly after replacement.  The licensee shall retain records of personnel dosimeters and bioassay results until the Department terminates each pertinent license or registration requiring the records.

Specific Authority 404.051, 404.061, 404.081 FS. Law Implemented 404.022, 404.051(1), (4), 404.061(2), 404.081(1), (2) FS. History–New 7-17-85, Amended 5-15-96, Formerly 10D-91.1213, Amended 10-8-00, Amended              .

 

SUBPART E NOTIFICATION

 

64E-5.1119 Notification of Incidents, Abandonment and Lost Sources.

(1) through (2)  No change.

(3) When it becomes apparent that efforts to recover the radioactive source will not be successful, the licensee shall:

(a) No changes.

(b) Notify the Department by telephone of or telegraph, giving the circumstances that resulted in the inability to retrieve the source and obtain the Department’s approval to implement abandonment procedures or notify the Department that the licensee implemented abandonment before receiving Department approval because the licensee believed there was an immediate threat to public health and safety of the loss, and request approval of the proposed abandonment procedures; and

(c) File a written report with the Department within 30 days of the abandonment, setting forth the following information:

(1) through (6) No changes.;

7. Depth of the well; and

8. Information contained on the permanent identification plaque; and

9.  The immediate threat to public health and safety that justified abandonment before Department approval as specified in paragraph (3)(b), above; and

(d)  Develop and implement a means to prevent inadvertent intrusion on the source unless the source is not accessible to any subsequent drilling operations.

(4) Whenever a sealed source containing radioactive material is abandoned downhole, the licensee shall provide a permanent plaque, as described below, for posting the well or well-bore at the surface of the well unless the mounting of the plaque is not practical.  The size of the plaque shall be at least 7 inches (17 cm) square and 1/8 inch (3 mm) thick.  This plaque shall:

(a) Be constructed of long-lasting material, such as stainless steel, brass, bronze, or monel, and

(b) through (5) No change.

Specific Authority 404.051, 404.061, 404.081 FS. Law Implemented 404.022, 404.051(1), (4), (6), 404.061(2), 404.081(1) FS. History–New 7-17-85, Formerly 10D-91.1220, Amended                                           .

 

PART XIII RADIATION SAFETY REQUIREMENTS FOR POSSESSION AND USE OF SEALED OR UNSEALED SOUCES OF RADIOACTIVE MATERIALS

SUBPART B REQUIREMENTS FOR THE POSSESSION AND USE OF SEALED SOURCES IN PORTABLE DEVIDES

 

64E-5.1311  Storage, Security and Transportation Precautions

(1)  No change.

(2)  All portable gauge licensees must comply with either paragraph (2)(a), or (2)(b) below.  Effective January 1, 2007, portable gauge licensees must comply only with paragraph (2)(b).

(a)  Sealed sources must have a minimum of two locks between the device and the public when being transported or stored.

(b) Each portable gauge licensee shall use a minimum of two independent physical controls that form tangible barriers to secure portable gauges from unauthorized removal, whenever portable gauges are not under the control and constant surveillance of the licensee.

(3)  through (4) No change.

Specific Authority 404.022, 404.042, 404.051, 404.061, 404.071, 404.081 FS. Law Implemented 404.022, 404.042, 404.051(1), (4), (6), (9), (10), 404.061(2), (3), 404.071(1), 404.081(1) FS. History—New 5-12-93, Formerly 10D-91.1412, Amended                                         

 

PART XV TRANSPORTATION OF RADIOACTIVE MATERIAL

SUBPART A

 

64E-5.1502 Transportation of Radioactive Material.

(1) No change.

(2)  Each licensee who transports radioactive material outside of the confines of his facility or other place of use, or who offers radioactive material to a carrier for transport shall:

(a)  Comply with the current applicable requirements, appropriate to the mode of transport, of 49 CFR Parts 171-173, 177, 383, and 390-397. dated 10-1-97, which are herein incorporated by reference and which are available from the department;

(b) and (c) No change.

Specific Authority 404.051, 404.061, 404.141, 404.20 FS. Law Implemented 404.22, 404.051(1), (4), (6), (11), 404.061(2), 404.141, 404.20(1) FS. History—New 7-17-85, Formerly 10D-91.2003, Amended 10-8-00, Amended                            .

 

NAME OF PERSON ORIGINATING PROPOSED RULE:  WILLIAM A. PASSETTI
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE:  LISA CONTI
DATE PROPOSED RULE APPROVED BY AGENCY HEAD:  JULY 14, 2006