Advanced Search

Control Of Radiation In Oregon


Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

OREGON HEALTH AUTHORITY,

PUBLIC HEALTH DIVISION

 

DIVISION 100
CONTROL OF RADIATION IN OREGON


General Requirements

333-100-0001
Scope
Except as otherwise specifically provided, these rules apply to all persons who acquire receive, possess, use, transfer, own, or dispose of any source of radiation; provided, however, that nothing in these rules shall apply to any person to the extent such person is subject to regulation by the U.S. Nuclear Regulatory Commission.
NOTE: Attention is directed to the fact that state regulation of source material, byproduct material, and special nuclear material in quantities not sufficient to form a critical mass is subject to the provisions of the agreement between the state and the U.S. Nuclear Regulatory Commission and to 10 CFR Part 150 of the Commission's regulations.
Stat. Auth.: ORS 453.635

Stats. Implemented: ORS 453.605 - 453.807

Hist.: HD 4-1985, f. & ef. 3-20-85; HD 1-1991, f. & cert. ef. 1-8-91; HD 1-1995, f. & cert. ef. 4-26-95; PH 3-2003, f. & cert. ef. 3-27-03; PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05; PH 36-2004, f. & cert. ef. 12-1-04; PH 4-2007, f. & cert. ef. 3-1-07
333-100-0005
Definitions
The following definitions apply to OAR
chapter 333 divisions 100, 102, 103, 106, 111, 116, 118, 119, 120, 121, 122, 123,
and 124. Additional definitions used only in a certain division can be found in
that division.
(1) "Absorbed dose" means
the energy imparted by ionizing radiation per unit mass of irradiated material.
The units of absorbed dose are the gray (Gy) and the rad.
(2) "Accelerator" means any
machine capable of accelerating electrons, protons, deuterons, or other charged
particles in a vacuum and of discharging the resultant particulate or other radiation
into a medium at energies usually in excess of 1 MeV. For purposes of this definition,
"particle accelerator" is an equivalent term.
(3) "Accelerator-produced
material" means any material made radioactive by a particle accelerator.
(4) "Act" means Oregon Revised
Statutes 453.605 through 453.807.
(5) "Activity" means the
rate of disintegration or transformation or decay of radioactive material. The units
of activity are the becquerel (Bq), defined as one disintegration per second, and
the curie (Ci), defined as 3.7 x 1010 disintegrations per second.
(6) "Adult" means an individual
18 or more years of age.
(7) "Agreement State" means
any state with which the U.S. Nuclear Regulatory Commission or the U.S. Atomic Energy
Commission has entered into an effective agreement under subsection 274b. of the
Atomic Energy Act of 1954, as amended (73 Stat. 689). States not entering an agreement
under the Act are considered a non-agreement state.
(8) "Airborne radioactive
material" means any radioactive material dispersed in the air in the form of dusts,
fumes, particulates, mists, vapors, or gases.
(9) "Airborne radioactivity
area" means a room, enclosure, or area in which airborne radioactive material, composed
wholly or partly of licensed material, exist in concentrations:
(a) In excess of the derived
air concentrations (DACs) specified in Appendix B, Table I, column 3, to 10 CFR
Part 20.1001 to 20.2401; or
(b) To such a degree that
an individual present in the area without respiratory protective equipment could
exceed, during the hours an individual is present in a week, an intake of 0.6 percent
of the annual limit on intake (ALI) or 12 DAC-hours.
(10) "ALARA" (acronym for
"As Low As Reasonably Achievable") means making every reasonable effort to maintain
exposures to radiation as far below the dose limits in this part as is practical
consistent with the purpose for which the licensed activity is undertaken, taking
into account the state of technology, the economics of improvements in relation
to state of technology, the economics of improvements in relation to benefits to
the public health and safety, and other societal and socioeconomic considerations,
and in relation to utilization of nuclear energy and licensed materials in the public
interest.
(11) "Alert" means events
may occur, are in progress, or have occurred that could lead to a release of radioactive
material but that the release is not expected to require a response by offsite response
organizations to protect persons offsite.
(12) "Annual" means occurring
every year or within a consecutive twelve month cycle.
(13) "Annual Limit on Intake"
(ALI) means the derived limit for the amount of radioactive material taken into
the body of an adult worker by inhalation or ingestion in a year. ALI is the smaller
value of intake of a given radionuclide in a year by the Reference Man that could
result in a committed effective dose equivalent of 0.05 Sv (5 rem) or a committed
dose equivalent of 0.5 Sv (50 rem) to any individual organ or tissue. ALI values
for intake by ingestion and by inhalation of selected radionuclides are given in
Appendix B, Table I, Columns 1 and 2, to 10 CFR Part 20.1001 to 20.2401.
(14) "As Low As Reasonably
Achievable" see "ALARA."
(15) "Authority" means the
Oregon Health Authority.
(16) "Background radiation"
means radiation from cosmic sources; naturally occurring radioactive materials,
including radon, except as a decay product of source or special nuclear material,
and including global fallout as it exists in the environment from the testing of
nuclear explosive devices or from past nuclear accidents such as Chernobyl that
contribute to background radiation and are not under the control of the licensee.
"Background radiation" does not include sources of radiation from radioactive or
special nuclear materials regulated by the Authority.
(17) "Becquerel" (Bq) means
one disintegration per second.
(18) "Bioassay" means the
determination of kinds, quantities or concentrations, and, in some cases, the locations,
of radioactive material in the human body, whether by direct measurement (in vivo
counting) or by analysis and evaluation of materials excreted or removed from the
human body. For purposes of these rules, "radiobioassay" is an equivalent term.
(19) "Brachytherapy" means
a method of radiation therapy in which sealed sources are utilized to deliver dose
at a distance of up to a few centimeters, by surface, intracavitary, or interstitial
application.
(20) "Byproduct material"
means:
(a) Any radioactive material,
except special nuclear material, yielded in, or made radioactive by, exposure to
the radiation incident to the process of producing or utilizing special nuclear
material;
(b) The tailings or wastes
produced by the extraction or concentration of uranium or thorium from any ore processed
primarily for its source material content, including discrete surface wastes resulting
from uranium solution extraction process. Underground ore bodies depleted by such
solution extraction operations do not constitute "byproduct material" within this
definition;
(c) Any discrete source of
radium-226 that is produced, extracted, or converted after extraction, before, on,
or after August 8, 2005, for use for a commercial, medical, or research activity;
or
(d) Any material that:
(A) Has been made radioactive
by use of a particle accelerator; and
(B) Is produced, extracted,
or converted after extraction, before, on, or after August 8, 2005, for use for
a commercial, medical, or research activity; and
(C) Any discrete source of
naturally occurring radioactive material, other than source material, that:
(i) The Nuclear Regulatory
Commission, in consultation with the Administrator of the Environmental Protection
Agency, the Secretary of Energy, the Secretary of Homeland Security, and the head
of any other appropriate state and federal agency, determines would pose a threat
similar to the threat posed by a discrete source of radium-226 to the public health
and safety or the common defense and security; and
(ii) Before, on, or after
August 8, 2005, is extracted or converted after extraction for use in a commercial,
medical, or research activity.
(21) "Calendar quarter" means
not less than 12 consecutive weeks nor more than 14 consecutive weeks. The first
calendar quarter of each year must begin in January and subsequent calendar quarters
must be so arranged such that no day is included in more than one calendar quarter
and no day in any one year is omitted from inclusion within a calendar quarter.
No licensee or registrant may change the method observed for determining calendar
quarters except at the beginning of a calendar year.
(22) "Calibration" means
the determination of:
(a) The response or reading
of an instrument relative to a series of known radiation values over the range of
the instrument; or
(b) The strength of a source
of radiation relative to a standard.
(23) "CFR" means Code of
Federal Regulations.
(24) "Chelating agent" means
amine polycarboxylic acids, hydroxy-carboxylic acids, gluconic acid, and polycarboxylic
acids.
(25) "Class" means a classification
scheme for inhaled material according to its rate of clearance from the pulmonary
region of the lung. For purposes of these rules, "lung class" or "inhalation class"
are equivalent terms. Materials are classified as D, W, or Y, which applies to a
range of clearance half-times:
(a) For Class D, Days, of
less than 10 days;
(b) For Class W, Weeks, from
10 to 100 days; and
(c) For Class Y, Years, of
greater than 100 days.
(26) "Clinical laboratory"
means a laboratory licensed pursuant to ORS 438.110 through 438.140.
(27) "Collective dose" means
the sum of the individual doses received in a given period of time by a specified
population from exposure to a specified source of radiation.
(28) "Committed dose equivalent"
(HT, 50) means the dose equivalent to organs or tissues of reference (T) that will
be received from an intake of radioactive material by an individual during the 50-year
period following the intake.
(29) "Committed effective
dose equivalent" (HE, 50) is the sum of the products of the weighting factors applicable
to each of the body organs or tissues that are irradiated and the committed dose
equivalent to each of these organs or tissues (HE, 50 = ∑WT,HT,50).
(30) "Contamination" (Radioactive)
means deposition or presence of radioactive material in any place where it is not
desired, and particularly in any place where its presence can be harmful. The harm
may be in compromising the validity of an experiment or a procedure, or in being
a source of danger to persons. Contamination may be divided into two types: Fixed
and removable. Removable contamination may be transferred easily from one object
to another by light rubbing or by the use of weak solvents such as water or alcohol.
Removable contamination is evaluated and recorded in units of microcuries or dpm.
Fixed contamination is not easily transferred from one object to another and requires
mechanical or strong chemicals to remove it from its current location. Fixed contamination
is evaluated and recorded in units of mR/hr.
(31) "Curie" means that amount
of radioactive materials which disintegrates at the rate of 37 billion atoms per
second.
(32) "Declared pregnant woman"
means a woman who has voluntarily informed the licensee, in writing, of her pregnancy
and the estimated date of conception. The declaration remains in effect until the
declared pregnant woman withdraws the declaration in writing or is no longer pregnant.
(33) "Decommission" means
to remove (as a facility) safely from service and reduce residual radioactivity
to a level that permits:
(a) Release of the property
for unrestricted use and termination of license; or
(b) Release of the property
under restricted conditions and termination of the license.
(34) "Deep dose equivalent"
(Hd) which applies to external whole body exposure, means the dose equivalent at
a tissue depth of 1 centimeter (1000 mg/cm2).
(35) "Depleted uranium" means
source material uranium in which the isotope uranium-235 is less than 0.711 weight
percent of the total uranium present. Depleted uranium does not include special
nuclear material.
(36) "Derived air concentration"
(DAC) means the concentration of a given radionuclide in air which, if breathed
by Reference Man for a working year of 2,000 hours under conditions of light work,
results in an intake of one ALI. For purposes of these rules, the condition of light
work is an inhalation rate of 1.2 cubic meters of air per hour for 2,000 hours in
a year. DAC values are given in Table I, Column 3, of Appendix B to 10 CFR Part
20.1001 to 20.2401.
(37) "Derived air concentration-hour"
(DAC-hour) means the product of the concentration of radioactive material in air,
expressed as a fraction or multiple of the derived air concentration for each radionuclide,
and the time of exposure to that radionuclide, in hours. A licensee may take 2,000
DAC-hours to represent one ALI, equivalent to a committed effective dose equivalent
of 0.05 Sv (5 rem).
(38) "Dose" is a generic
term that means absorbed dose, dose equivalent, effective dose equivalent, committed
dose equivalent, committed effective dose equivalent, total organ dose equivalent,
or total effective dose equivalent. For purposes of these rules, "radiation dose"
is an equivalent term.
(39) "Dose equivalent" (HT)
means the product of the absorbed dose in tissue, quality factor, and all other
necessary modifying factors at the location of interest. The units of dose equivalent
are the sievert (Sv) and rem (see "Rem"). (See OAR 333-100-0070(2) for SI equivalent
sievert.)
(40) "Dose limits" means
the permissible upper bounds of radiation doses established in accordance with these
rules. For purposes of these rules, "limits" is an equivalent term.
(41) "Dosimetry processor"
means an individual or an organization that processes and evaluates individual monitoring
equipment in order to determine the radiation dose delivered to the equipment.
(42) "Effective dose equivalent"
(HE) means the sum of the products of the dose equivalent to the organ or tissue
(HT) and the weighting factor (WT) applicable to each of the body organs or tissues
that are irradiated (HE = WT HT).
(43) "Electronic product"
means any manufactured product or device or component part of such a product or
device that is capable of generating or emitting electromagnetic or sonic radiation
such as, but not limited to, X-rays, ultrasonic waves, microwaves, laser light or
ultraviolet light.
(44) "Embryo/fetus" means
the developing human organism from conception until the time of birth.
(45) "Entrance or access
point" means any opening through which an individual or extremity of an individual
could gain access to radiation areas or to licensed or registered radioactive materials.
This includes entry or exit portals of sufficient size to permit human entry, irrespective
of their intended use.
(46) "Exclusive use" (also
referred to in other regulations as "sole use" or "full load") means the sole use
of a conveyance by a single consignor and for which all initial, intermediate, and
final loading and unloading are carried out in accordance with the direction of
the consignor or consignee.
(47) "Explosive material"
means any chemical compound, mixture, or device that produces a substantial instantaneous
release of gas and heat spontaneously or by contact with sparks or flame.
(48) "Exposure" means:
(a) The quotient of dQ by
dm where "dQ" is the absolute value of the total charge of the ions of one sign
produced in air when all the electrons (negatrons and positrons) liberated by photons
in a volume element of air having mass "dm" are completely stopped in air. The SI
unit of exposure is the coulomb per kilogram.
(b) Being exposed to ionizing
radiation or to radioactive material.
(49) "Exposure rate" means
the exposure per unit of time, such as roentgen per minute (R/min) and milliroentgen
per hour (mR/hr).
(50) "External dose" means
that portion of the dose equivalent received from any source of radiation outside
the body.
(51) "Extremity" means hand,
elbow, arm below the elbow, foot, knee, or leg below the knee.
(52) "Eye dose equivalent"
means the external dose equivalent to the lens of the eye at a tissue depth of 0.3
centimeter (300 mg/cm2).
(53) "Fixed gauge" means
a measuring or controlling device that is intended to be mounted at a specific location,
stationary, not to be moved, and is not portable.
(54) "Former U.S. Atomic
Energy Commission (AEC) or U.S. Nuclear Regulatory Commission (NRC) licensed facilities"
means nuclear reactors, nuclear fuel reprocessing plants, uranium enrichment plants,
or critical mass experimental facilities where AEC or NRC licenses have been terminated.
(55) "General license" means
a license granted by rule, in contrast to an issued license, to acquire, own, possess,
use, or transfer radioactive material or a device that contains radioactive material.
(56) "Generally applicable
environmental radiation standards" means standards issued by the U.S. Environmental
Protection Agency (EPA) under the authority of the Atomic Energy Act of 1954, as
amended, that impose limits on radiation exposures or levels, or concentrations
or quantities of radioactive material, in the general environment outside the boundaries
of locations under the control of persons possessing or using radioactive material.
(57) "Gray" (Gy) means the
International System of Units (SI), unit of absorbed dose. One gray is equal to
an absorbed dose of one joule per kilogram (100 rad). (See OAR 333-100-0070(2))
(58) "Hazardous waste" means
those wastes designated as hazardous by U.S. Environmental Protection Agency regulations
in 40 CFR Part 261.
(59) "Healing arts" means:
(a) The professional disciplines
authorized by the laws of this state to use X-rays or radioactive material in the
diagnosis or treatment of human or animal disease. For the purposes of this division
they are Medical Doctors, Osteopaths, Dentists, Veterinarians, Chiropractors, and
Podiatrists; or
(b) Any system, treatment,
operation, diagnosis, prescription, or practice for the ascertainment, cure, relief,
palliation, adjustment, or correction of any human disease, ailment, deformity,
injury or unhealthy or abnormal physical or mental condition.
(60) "Human use" means the
internal or external administration of radiation or radioactive material to human
beings.
(61) "Individual" means any
human being.
(62) "Individual monitoring"
means:
(a) The assessment of dose
equivalent by the use of devices designed to be worn by an individual;
(b) The assessment of committed
effective dose equivalent by bioassay (see Bioassay) or by determination of the
time-weighted air concentrations to which an individual has been exposed, that is,
DAC-hours; or
(c) The assessment of dose
equivalent by the use of survey data.
(63) "Individual monitoring
devices" means devices designed to be worn by a single individual for the assessment
of dose equivalent such as film badges, thermoluminescent dosimeters (TLDs), pocket
ionization chambers, and personal ("lapel") air sampling devices.
(64) "Inhalation class" (see
"Class").
(65) "Inspection" means an
official examination or observation including, but not limited to, tests, surveys,
and monitoring to determine compliance with rules, regulations, orders, requirements,
and conditions of the Authority.
(66) "Interlock" means a
device arranged or connected such that the occurrence of an event or condition is
required before a second event or condition can occur or continue to occur.
(67) "Internal dose" means
that portion of the dose equivalent received from radioactive material taken into
the body.
(68) "Ionizing radiation"
means any electromagnetic or particulate radiation capable of producing ions, directly
or indirectly, in its passage through matter. It includes any or all of the following:
Alpha particles, beta particles, electrons, positrons, gamma rays, X-rays, neutrons,
high-speed electrons, high-speed protons, fission fragments and other atomic and
subatomic particles; but not sound or radio waves, or visible, infrared, or ultraviolet
light.
(69) "Laser" means any device
which, when coupled with an appropriate laser energy source, can produce or amplify
electromagnetic radiation by the process of controlled stimulated emission.
(70) "License" means a license
issued by the Authority in accordance with rules adopted by the Authority.
(71) "Licensed material"
means radioactive material received, possessed, used, transferred or disposed of
under a general or specific license granted or issued by the Authority. For the
purpose of meeting the definition of a Licensing State by the Conference of Radiation
Control Program Directors, Inc. (CRCPD), Naturally Occurring and Accelerator Produced
Radioactive Material (NARM) refers only to discrete sources of NARM. Diffuse sources
of NARM are excluded from consideration by the CRCPD for Licensing State designation
purposes.
(72) "Licensee" means any
person who is licensed by the Authority in accordance with these rules and the Act.
(73) "Licensing state" means
any state with rules or regulations equivalent to the Suggested State Regulations
for Control of Radiation relating to, and having an effective program for, the regulatory
control of NARM.
(74) "Limits" (dose limits)
means the permissible upper bounds of radiation doses.
(75) "Lost or missing licensed
or registered source of radiation" means licensed or registered source(s) of radiation
whose location is unknown. This definition includes licensed material that has been
shipped but has not reached its planned destination and whose location cannot be
readily traced in the transportation system.
(76) "Lung class" (see "Class").
(77) "Major processor" means
a user processing, handling, or manufacturing radioactive material exceeding Type
A quantities as unsealed sources or material, or exceeding four times Type B quantities
as sealed sources, but does not include nuclear medicine programs, universities,
industrial radiographers, or small industrial programs. Type A and B quantities
are defined in division 118 of this chapter.
(78) "Member of the public"
means an individual, except when that individual is receiving an occupational dose.
(79) "Minor" means an individual
less than 18 years of age.
(80) "Monitoring" means the
measurement of radiation, radioactive material concentrations, surface area activities
or quantities of radioactive material and the use of the results of these measurements
to evaluate potential exposures and doses. For purposes of these rules, "radiation
monitoring" and "radiation protection monitoring" are equivalent terms.
(81) "NARM" means any naturally
occurring or accelerator-produced radioactive material. It does not include byproduct,
source, or special nuclear material.
(82) "Natural radioactivity"
means radioactivity of naturally occurring nuclides.
(83) "Naturally-occurring
radioactive material" (NORM) means any nuclide that is found in nature as a radioactive
material (and not technologically produced).
(84) "Natural thorium" means
thorium with the naturally occurring distribution of thorium isotopes (essentially
100 weight percent thorium-232).
(85) "Natural uranium" means
a mixture of the uranium isotopes 234, 235 and 238 (approximately 0.7 weight percent
uranium- 235 and the remainder by weight essentially uranium-238), found in nature,
that is neither enriched nor depleted in the isotope uranium 235.
(86) "Nonstochastic effect"
means a health effect that varies with the dose and a threshold is believed to exist.
Radiation-induced cataract formation is an example of a nonstochastic effect. For
purposes of these rules, "deterministic effect" is an equivalent term.
(87) "Normal form radioactive
material" means radioactive material that has not been demonstrated to qualify as
"special form radioactive material". See "Special form."
(88) "NRC" is the acronym
for Nuclear Regulatory Commission.
(89) "Nuclear Regulatory
Commission" ("NRC" or "Commission") means the U.S. Nuclear Regulatory Commission
or its duly authorized representatives.
(90) "Package" means the
packaging together with its radioactive contents as presented for transport.
(91) "Particle accelerator"
means any machine capable of accelerating electrons, protons, deuterons, or other
charged particles in a vacuum and of discharging the resultant particulate or other
radiation into a medium at energies usually in excess of one MeV.
(92) "Person" means any individual,
corporation, partnership, firm, association, trust, estate, public or private institution,
group, agency, political subdivision of this state, any other state or political
subdivision or agency thereof, and any legal successor, representative, agent, or
agency of the foregoing.
(93) "Personnel monitoring
equipment" means devices such as film badges, pocket dosimeters, and thermoluminescent
dosimeters designed to be worn or carried by an individual for the purpose of estimating
the dose received by the individual. See "Individual monitoring devices."
(94) "Pharmacist" means an
individual licensed by a state or territory of the United States, the District of
Columbia, or the Commonwealth of Puerto Rico to practice pharmacy.
(95) "Physician" means an
individual licensed by the Oregon Medical Board to dispense drugs in the practice
of medicine.
(96) "Planned special exposure"
means an infrequent exposure to radiation, separate from and in addition to the
annual occupational dose limits.
(97) "Portable gauge" means
a measuring or controlling device that is intended to be portable and is not fixed
to a specific location. All portable gauges require a specific license (there is
no general license granted for portable generally licensed devices in the State
of Oregon).
(98) "Program" means the
Radiation Protection Services section of the Public Health Division of the Oregon
Health Authority.
(99) "Pyrophoric liquid"
means any liquid that ignites spontaneously in dry or moist air at or below 130OF
(54.4OC).
(100) "Pyrophoric solid"
means any solid material, other than one classed as an explosive, which under normal
conditions is liable to cause fires through friction, retained heat from manufacturing
or processing, or which can be ignited readily and, when ignited, burns so vigorously
and persistently as to create a serious transportation, handling, or disposal hazard.
Included are spontaneously combustible and water-reactive materials.
(101) "Qualified expert"
means an individual, approved by the Authority, who has demonstrated, pursuant to
these rules, that he/she possesses the knowledge, skills, and training to measure
ionizing radiation, to evaluate radiation parameters, to evaluate safety techniques,
and to advise regarding radiation protection needs. The individual must:
(a) Be certified in the appropriate
field by the American Board of Radiology, the American Board of Health Physics,
the American Board of Medical Physics or the American Board of Nuclear Medicine
Science; or
(b) Hold a master's or doctor's
degree in physics, biophysics, radiological physics, health physics, or medical
physics and have completed one year of documented, full time training in the appropriate
field and also one year of documented, full time work experience under the supervision
of a qualified expert in the appropriate field. To meet this requirement, the individual
must have performed the tasks required of a qualified expert during the year of
work experience; or
(c) Receive approval from
the Authority for specific activities.
(102) "Quality factor" (Q)
means the modifying factor (listed in Tables 1004(b).1 and 1004(b).2 of 10 CFR Part
20.1004 provided at the end of this division) that is used to derive dose equivalent
from absorbed dose.
(103) "Quarter" means a period
of time equal to one-fourth of the year observed by the licensee, approximately
13 consecutive weeks, providing that the beginning of the first quarter in a year
coincides with the starting date of the year and that no day is omitted or duplicated
in consecutive quarters.
(104) "Rad" means the special
unit of absorbed dose. One rad is equal to an absorbed dose of 100 erg per gram
or 0.01 joule per kilogram (0.01 gray). See OAR 333-100-0070(2) for SI equivalent
gray.
(105) "Radiation" means:
(a) Ionizing radiation including
gamma rays, X-rays, alpha and beta particles, protons, neutrons, and other atomic
or nuclear particles or rays;
(b) Any electromagnetic radiation
which can be generated during the operations of electronic products and which the
Authority has determined to present a biological hazard to the occupational or public
health and safety but does not include electromagnetic radiation which can be generated
during the operation of an electronic product licensed by the Federal Communications
Commission;
(c) Any sonic, ultrasonic
or infrasonic waves which are emitted from an electronic product as a result of
the operation of an electronic circuit in such product and which the Authority has
determined to present a biological hazard to the occupational or public health and
safety.
(106) "Radiation area" means
any area, accessible to individuals, in which radiation levels could result in an
individual receiving a dose equivalent in excess of 0.05 mSv (0.005 rem) in one
hour at 30 centimeters from the source of radiation or from any surface that the
radiation penetrates.
(107) "Radiation machine"
means any device capable of producing radiation except those which produce radiation
only from radioactive material.
(108) "Radiation safety officer"
means:
(a) An individual who has
the knowledge, responsibility, and authority to apply appropriate radiation protection
rules; or
(b) The representative of
licensee management, authorized by the Authority, and listed on the specific license
as the radiation safety officer, who is responsible for the licensee's radiation
safety program.
(109) "Radioactive material"
means any solid, liquid, or gas that emits radiation spontaneously.
(a) Radioactive material,
as used in these rules, includes: byproduct material, naturally occurring radioactive
material, accelerator produced material, and source material, as defined in this
rule.
(b) Radioactive material,
as used in these rules, does not include special nuclear material.
(110) "Radioactive waste"
means radioactive material that is unwanted or is unusable, as defined in division
50 of chapter 345. No radioactive material may be disposed of in Oregon except as
provided in division 50 of chapter 345.
(111) "Radioactivity" means
the transformation of unstable atomic nuclei by the emission of radiation.
(112) "Reference Man" means
a hypothetical aggregation of human physical and physiological characteristics determined
by international consensus. These characteristics may be used by researchers and
public health workers to standardize results of experiments and to relate biological
insult to a common base. A description of the Reference Man is contained in the
International Commission on Radiological Protection report, ICRP Publication 23,
"Report of the Task Group on Reference Man."
(113) "Registrant" means
any person who is registered with the Authority and is legally obligated to register
with the Authority pursuant to these rules and the Act.
(114) "Registration" means
the identification of any material or device emitting radiation, and the owner of
such material or device must furnish information to the Authority in accordance
with the rules adopted by the Authority.
(115) "Regulations of the
U.S. Department of Transportation" means the regulations in 49 CFR Parts 100-189
and Parts 390-397.
(116) "Rem" means the special
unit of any of the quantities expressed as dose equivalent. The dose equivalent
rem is equal to the absorbed dose in rad multiplied by the quality factor (1 rem
= 0.01 sievert).
(117) "Research and development"
means:
(a) Theoretical analysis,
exploration, or experimentation; or
(b) The extension of investigative
findings and theories of a scientific or technical nature into practical application
for experimental and demonstration purposes, including the experimental production
and testing of models, devices, equipment, materials, and processes. Research and
development does not include the internal or external administration of radiation
or radioactive material to human beings.
(118) "Respiratory protective
equipment" means an apparatus, such as a respirator, used to reduce an individual's
intake of airborne radioactive materials.
(119) "Restricted area" means
an area to which access is limited by the licensee or registrant for the purpose
of protecting individuals against undue risks from exposure to sources of radiation.
A restricted area does not include areas used as residential quarters, but separate
rooms in a residential building may be set apart as a restricted area.
(120) "Roentgen" means the
special unit of exposure. One roentgen (R) equals 2.58 x 10-4 Coulombs/kilogram
of air (see "Exposure" and division 120).
(121) "Sanitary sewerage"
means a system of public sewers for carrying off waste water and refuse, but excluding
sewage treatment facilities, septic tanks, and leach fields owned or operated by
the licensee.
(122) "Screening" means the
use of a systematic approach to obtain cursory examinations of a person or group
of persons without regard to specific clinical indications.
(123) "Sealed source" means
radioactive material that is encased in a capsule designed to prevent leakage or
escape of the radioactive material.
(124) "Sealed Source and
Device Registry" means the national registry that contains all the registration
certificates, generated by both the U.S. Nuclear Regulatory Commission and Agreement
States, that summarize the radiation safety information for sealed sources and devices
and describe the licensing and use conditions approved for the product.
(125) "Shallow dose equivalent"
(Hs), which applies to the external exposure of the skin or an extremity, means
the dose equivalent at a tissue depth of 0.007 centimeter (7 mg/cm2) averaged over
an area of one square centimeter.
(126) "SI" means the abbreviation
for the International System of Units.
(127) "Sievert" means the
International System of Units (SI), unit of any of the quantities expressed as dose
equivalent. The dose equivalent in sievert is equal to the absorbed dose in gray
multiplied by the quality factor (1 Sv = 100 rem). (See OAR 333-100-0070(2)).
(128) "Site boundary" means
that line beyond which the land or property is not owned, leased, or otherwise controlled
by the licensee or registrant.
(129) "Source material" means:
(a) Uranium or thorium or
any combination of uranium and thorium in any physical or chemical form; or
(b) Ores that contain by
weight one-twentieth of one percent (0.05 percent) or more of uranium, thorium,
or any combination thereof. Source material does not include special nuclear material.
(130) "Source material milling"
means any activity that result in the production of byproduct material, as defined
by this rule.
(131) "Source of radiation"
means any radioactive material or any device or equipment emitting, or capable of
producing, radiation. Source of radiation, pursuant to this rule, includes, but
is not limited to, radiation facilities, radiation producing machines, radiation
producing devices, radioactive material sealed and unsealed form (normal form and
special form), and radioactive material uses.
(132) "Special form radioactive
material" means radioactive material that satisfies the following conditions:
(a) It is either a single
solid piece or is contained in a sealed capsule that can be opened only by destroying
the capsule;
(b) The piece or capsule
has at least one dimension not less than five millimeters (0.2 inch); and
(c) It satisfies the test
requirements specified by the U.S. Nuclear Regulatory Commission. A special form
encapsulation designed in accordance with the U.S. Nuclear Regulatory Commission
requirements in effect on June 30, 1983, and constructed prior to July 1, 1985,
and a special form encapsulation designed in accordance with the Nuclear Regulatory
Commission requirements in effect on March 31. 1996, and constructed prior to April
1, 1998, may continue to be used. Any other special form encapsulation either designed
or constructed after April 1, 1998, must meet requirements of this definition applicable
at the time of its design or construction.
(133) "Special nuclear material"
means:
(a) Plutonium, uranium-233,
uranium enriched in the isotope 233 or in the isotope 235, and any other material
that the U.S. Nuclear Regulatory Commission, pursuant to the provisions of section
51 of the Atomic Energy Act of 1954, as amended, determines to be special nuclear
material, but does not include source material; or
(b) Any material artificially
enriched by any of the foregoing but does not include source material.
(134) "Special nuclear material
in quantities not sufficient to form a critical mass" means uranium enriched in
the isotope U-235 in quantities not exceeding 350 grams of contained U-235; uranium-233
in quantities not exceeding 200 grams; plutonium in quantities not exceeding 200
grams; or any combination of them in accordance with the following formula: For
each kind of special nuclear material, determine the ratio between the quantity
of that special nuclear material and the quantity specified above for the same kind
of special nuclear material. The sum of such ratios for all of the kinds of special
nuclear material in combination must not exceed one.
For example, the following
quantities in combination does not exceed the limitation and are within the formula:
* * 175 (grams U-235)/350 + 50 (grams U-233)/200 + 50 (grams Pu)/200 = 1.
(135) "Specific activity
of a radionuclide" means the radioactivity of the radionuclide per unit mass of
that nuclide. The specific activity of a material in which the radionuclide is essentially
uniformly distributed is the radioactivity per unit mass of the material.
(136) "Stochastic effect"
means health effects that occur randomly and for which the probability of the effect
occurring, rather than its severity, is assumed to be a linear function of dose
without threshold. Hereditary effects and cancer incidence are examples of stochastic
effects.
(137) "Supervision" as used
in these rules, means the responsibility for, and control of, the application, quality,
radiation safety and technical aspects of all sources of radiation possessed, used
and stored through authorization granted by the Authority.
(138) "Survey" means an evaluation
of the radiological conditions and potential hazards incident to the production,
use, transfer, release, disposal, or presence of sources of radiation. When appropriate,
such evaluation includes, but is not limited to, tests, physical examinations, and
measurements of levels of radiation or concentrations of radioactive material present.
(139) "Termination" means:
(a) The end of employment
with the licensee or registrant or, in the case of individuals not employed by the
licensee or registrant, the end of work assignment in the licensee's or registrant's
restricted area in a given calendar quarter, without expectation or specific scheduling
of re-entry into the licensee's or registrant's restricted area during the remainder
of that calendar quarter; or
(b) The closure of a registered
or licensed facility and conclusion of licensed or registered activities, pursuant
to a registration or specific license.
(140) "Test" means the process
of verifying compliance with an applicable rule.
(141) "These rules," mean
all parts of the Oregon Administrative Rules promulgated under ORS 453.605 through
453.807.
(142) "Total effective dose
equivalent" (TEDE) means the sum of the deep dose equivalent for external exposures
and the committed effective dose equivalent for internal exposures.
(143) "Total organ dose equivalent"
(TODE) means the sum of the deep dose equivalent (DDE) and the committed dose equivalent
(CDE) to the organ receiving the highest dose as described in OAR 333-120-0650(1)(d).
(144) "Transport index" means
the dimensionless number (rounded up to the first decimal place) placed on the label
of a package to designate the degree of control to be exercised by the carrier during
transportation. The transport index is the number expressing the maximum radiation
level in millirem per hour at one meter from the external surface of the package.
(145) "U.S. Department of
Energy" means the Department of Energy established by Public Law 95-91, August 4,
1977, 91 Stat. 565, 42 U.S.C. 7101 et seq., to the extent that the Department exercises
functions formerly vested in the U.S. Atomic Energy Commission, its Chairman, members,
officers and components and transferred to the U.S. Energy Research and Development
Administration and to the Administrator thereof pursuant to sections 104(b), (c)
and (d) of the Energy Reorganization Act of 1974 (Public Law 93-438, October 11,
1974, 88 Stat. 1233 at 1237 42 U.S.C. 5814, effective January 19, 1975) and retransferred
to the Secretary of Energy pursuant to section 301(a) of the Department of Energy
Organization Act (Public Law 95-91, August 4, 1977, 91 Stat. 565 at 577-578, 42
U.S.C. 7151, effective October 1, 1977).
(146) "Unrefined and unprocessed
ore" means ore in its natural form prior to any processing, such as grinding, roasting,
beneficiating, or refining. Processing does not include sieving or encapsulation
of ore or preparation of samples for laboratory analysis.
NOTE: "Ore" refers to fuel cycle materials
pursuant to 10 CFR Part 150.
(147) "Unrestricted area" means an area,
access to which is neither limited nor controlled by the licensee or registrant.
For purposes of these rules, "uncontrolled area" is an equivalent term.
(148) "Uranium — depleted,
enriched" means:
(a) "Depleted uranium" means
uranium containing less uranium-235 than the naturally occurring distribution of
uranium isotopes.
(b) "Enriched uranium" means
uranium containing more uranium-235 than the naturally occurring distribution of
uranium isotopes.
(149) "Validation certificate"
means the official document issued upon payment to the Authority of the appropriate
fee listed in division 103 of this chapter. The license or registration is subject
and void without the annual validation certificate.
(150) "Waste" means radioactive
waste.
(151) "Week" means seven
consecutive days starting on Sunday.
(152) "Weighting factor"
(WT) for an organ or tissue (T) means:
(a) The proportion of the
risk of stochastic effects resulting from irradiation of that organ or tissue to
the total risk of stochastic effects when the whole body is irradiated uniformly.
For calculating the effective dose equivalent, the values of WT are:
(A) Gonads 0.25;
(B) Breast 0.15;
(C) Red Bone Marrow 0.12;
(D) Lung 0.12;
(E) Thyroid 0.03;
(F) Bone Surfaces 0.03;
(G) Remainder 0.30 (see note
below);
(H) Whole Body 1.00.
NOTE: Assignment of 0.30 for the remaining
organs results from a weighting factor of 0.06 for each of five "remainder" organs,
excluding the skin and the lens of the eye, that receive the highest doses.
(b) For the purpose of weighting the
external whole body dose, for adding it to the internal dose, a single weighting
factor, WT = 1.0, has been specified. The use of other weighting factors for external
exposure may be approved on a case-by-case basis until such time as specific guidance
is issued.
(153) "Whole body" means,
for purposes of external exposure, head, trunk including male gonads, arms above
the elbow, or legs above the knee.
(154) "Worker" means an individual
engaged in work under a license or registration issued by the Authority and controlled
by a licensee or registrant, but does not include the licensee or registrant.
(155) "Working level" (WL)
means any combination of short-lived radon progeny in one liter of air that will
result in the ultimate emission of 1.3 x 105 MeV of potential alpha particle energy.
The short-lived radon-222 progeny are: polonium-218, lead-214, bismuth-214, and
polonium-214; and for radon-220 the progeny are: polonium-216, lead-212, bismuth-212,
and polonium-212.
(156) "Working level month"
(WLM) means an exposure to one working level for 170 hours (2,000 working hours
per year divided by 12 months per year is approximately equal to 170 hours per month.)
(157) "Year" means the period
of time beginning in January used to determine compliance with the provisions of
these rules. The licensee or registrant may change the starting date of the year
used to determine compliance by the licensee or registrant provided that the change
is made at the beginning of the year and that no day is omitted or duplicated in
consecutive years.
[ED. NOTE: Tables and Appendices
referenced are available from the agency.]
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 453.635
Stats. Implemented: ORS 453.605
- 453.807
Hist.: HD 4-1985, f. &
ef. 3-20-85; HD 10-1987, f. & ef. 7-28-87; HD 1-1991, f. & cert. ef. 1-8-91;
HD 15-1994, f. & cert. ef. 5-6-94; HD 1-1995, f. & cert. ef. 4-26-95; Administrative
Reformatting 12-8-97; PH 3-2003, f. & cert. ef. 3-27-03; PH 31-2004(Temp), f.
& cert. ef. 10-8-04 thru 4-5-05; PH 36-2004, f. & cert. ef. 12-1-04; PH
12-2006, f. & cert. ef. 6-16-06; PH 4-2007, f. & cert. ef. 3-1-07; PH 14-2008,
f. & cert. ef. 9-15-08; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11;
PH 10-2011, f. 9-30-11, cert. ef. 10-1-11; PH 4-2013, f. & cert. ef. 1-29-13;
PH 19-2015, f. 9-30-15, cert. ef. 10-1-15
333-100-0010
Additional Definitions
Other definitions used only in a certain division of these rules will be found in that division.
Stat. Auth.: ORS 453.635

Stats. Implemented: ORS 453.605 - 453.807

Hist.: HD 4-1985, f. & ef. 3-20-85; PH 4-2007, f. & cert. ef. 3-1-07
333-100-0015
Interpretations
Except as specifically authorized by the Agency in writing, no interpretation of the meaning of these rules by any officer or employee of the Agency, other than a written interpretation, will be recognized to be binding upon the Agency.
Stat. Auth.: ORS 453.635

Stats. Implemented: ORS 453.605 - 453.807

Hist.: HD 4-1985, f. & ef. 3-20-85; HD 1-1991, f. & cert. ef. 1-8-91; PH 4-2007, f. & cert. ef. 3-1-07
333-100-0020
Prohibited Uses
(1) Hand-held fluoroscopic screens shall
not be used unless they have been listed in the Registry of Sealed Source and Devices
or accepted for certification by the U.S. Food and Drug Administration, Center for
Devices and Radiological Health.
(2) Shoe-fitting fluoroscopic
devices shall not be used.
(3) Sources of radiation
shall not be used to expose any individual solely for training or demonstration
purposes.
(4) Sources of radiation
shall not be used for the purpose of screening or inspecting individuals for concealed
weapons, hazardous materials, stolen property, illegal goods or contraband.
(5) No person shall intentionally
apply or allow to be applied, either directly or indirectly, ionizing radiation
to human beings except by, or under the supervision of, persons licensed by the
State of Oregon to practice the healing arts and who are authorized to use radiation
on humans. Notwithstanding this restriction, the Authority recognizes practitioners
of the healing arts to be as outlined in ORS 676.110, that is:
(a) Podiatrists, Chiropractors,
Dentists, Naturopath, Osteopaths, Medical Doctors, and Veterinarians;
(b) Nurse Practitioners and
Physician Assistants may prescribe X-ray when doing so within the bounds of their
independent rules;
(c) Dental Professionals
are permitted to prescribe and review intraoral radiographs, in accordance with
the Oregon Board of Dentistry administrative rules, chapter 818.
(d) No person shall be allowed
to use X-ray producing equipment without first meeting the requirements of OAR 333-106-0045(16)
or 333-106-0055.
(6) No person shall intentionally
or unintentionally expose another individual to radiation other than ionizing radiation
in such a way as to adversely affect the health or safety of that individual. Notwithstanding
this restriction, the use of radiation other than ionizing radiation by persons
licensed by the State of Oregon to practice the healing arts and who are authorized
to use radiation shall be allowed.
(7) Dental units with a Kilovolt
peak (kVp) of 50 and below are prohibited from being sold, leased, transferred or
lent.
(a) Existing diagnostic dental
X-ray systems less than 55 kVp shall not be used on minors.
(b) After October 1, 2011,
registrants may not use diagnostic dental X-ray systems with a fixed, nominal kVp
of less than 55.
Stat. Auth.: ORS 453.635
Stats. Implemented: ORS 453.605
- 453.807
Hist.: HD 4-1985, f. &
ef. 3-20-85; HD 1-1991, f. & cert. ef. 1-8-91; HD 15-1994, f. & cert. ef.
5-6-94; PH 4-2007, f. & cert. ef. 3-1-07; PH 14-2008, f. & cert. ef. 9-15-08;
PH 4-2010, f. & cert. ef. 2-16-10; PH 10-2011, f. 9-30-11, cert. ef. 10-1-11;
PH 24-2014, f. & cert. ef. 8-15-14
333-100-0025
Exemptions
(1) General Provision. The Agency may, upon application or upon its own initiative, grant such exemptions or exceptions from the requirements of these rules as it determines are authorized by law and will not result in undue hazard to public health and safety or property.
(2) U.S. Department of Energy Contractors and U.S. Nuclear Regulatory Commission Contractors. Any U.S. Department of Energy contractor or subcontractor and any U.S. Nuclear Regulatory Commission contractor or subcontractor of the following categories operating within this state is exempt from these rules to the extent that such contractor or subcontractor under his contract receives, possesses, uses, transfers or acquires sources of radiation:
(a) Prime contractors performing work for the U.S. Department of Energy at U.S. Government-owned or controlled sites, including the transportation of sources of radiation to or from such sites and the performance of contract services during temporary interruptions of such transportation;
(b) Prime contractors of the U.S. Department of Energy performing research in, or development, manufacture, storage, testing, or transportation of, atomic weapons or components thereof;
(c) Prime contractors of the U.S. Department of Energy using or operating nuclear reactors or other nuclear devices in a United States Government-owned vehicle or vessel; and
(d) Any other prime contractor or subcontractor of the U.S. Department of Energy or of the U.S. Nuclear Regulatory Commission when the state and the U.S. Nuclear Regulatory Commission jointly determine:
(A) That the exemption of the prime contractor or subcontractor is authorized by law; and
(B) That, under the terms of the contract or subcontract, there is adequate assurance that the work thereunder can be accomplished without undue risk to the public health and safety.
Stat. Auth.: ORS 453.635

Stats. Implemented: ORS 453.605 - 453.807

Hist.: HD 4-1985, f. & ef. 3-20-85; HD 1-1991, f. & cert. ef. 1-8-91; HD 15-1994, f. & cert. ef. 5-6-94; PH 4-2007, f. & cert. ef. 3-1-07
333-100-0030
Additional Requirements
The Agency may, by rule, regulation, or order, impose upon any licensee or registrant such requirements in addition to those established in these rules as it deems appropriate or necessary to minimize danger to public health and safety or property.
Stat. Auth.: ORS 453.635

Stats. Implemented: ORS 453.605 - 453.807

Hist.: HD 4-1985, f. & ef. 3-20-85; HD 1-1991, f. & cert. ef. 1-8-91; PH 4-2007, f. & cert. ef. 3-1-07
333-100-0035
Violations
An injunction or other court order may be obtained prohibiting any violation of any provision of the Act or any rule or order issued thereunder. Any person who willfully violates any provision of the Act or any rule or order issued thereunder may be guilty of a crime and, upon conviction, may be punished by fine or imprisonment or both, as provided by ORS 453.990.
Stat. Auth.: ORS 453.635

Stats. Implemented: ORS 453.605 - 453.807

Hist.: HD 4-1985, f. & ef. 3-20-85 ; HD 1-1991, f. & cert. ef. 1-8-91; PH 4-2007, f. & cert. ef. 3-1-07
333-100-0040
Impounding
Sources of radiation shall be subject to impounding pursuant to Section 453.705 of the Act.
Stat. Auth.: ORS 453.635

Stats. Implemented: ORS 453.605 - 453.807

Hist.: HD 4-1985, f. & ef. 3-20-85; PH 4-2007, f. & cert. ef. 3-1-07
333-100-0045
Communications
All communications and reports concerning these rules, and applications filed thereunder, should be addressed to Radiation Protection Services, Center for Health Protection, 800 NE Oregon Street, Suite 640, Portland, OR 97232.
Stat. Auth.: ORS 453.635

Stats. Implemented: ORS 453.605 - 453.807

Hist.: HD 4-1985, f. & ef. 3-20-85; HD 15-1994, f. & cert. ef. 5-6-94; PH 12-2006, f. & cert. ef. 6-16-06; PH 4-2007, f. & cert. ef. 3-1-07
333-100-0050
Severability
Should any section, subsection, paragraph, sentence, clause or phrase of these rules be declared unconstitutional or invalid for any reason, the remainder of these rules shall not be affected thereby.
Stat. Auth.: ORS 453.635

Stats. Implemented: ORS 453.605 - 453.807

Hist.: HD 4-1985, f. & ef. 3-20-85; PH 4-2007, f. & cert. ef. 3-1-07
333-100-0055
Records
Each licensee and registrant must maintain records showing the receipt, transfer, and disposal of all sources of radiation. Additional record requirements are specified elsewhere in these rules.
Stat. Auth.: ORS 453.635

Stats. Implemented: ORS 453.605 - 453.807

Hist.: HD 4-1985, f. & ef. 3-20-85; HD 1-1991, f. & cert. ef. 1-8-91; PH 12-2006, f. & cert. ef. 6-16-06; PH 4-2007, f. & cert. ef. 3-1-07
333-100-0057
Maintenance of Records
Each record required by this division must be legible throughout the retention period. For the purposes of these rules and unless otherwise specified, records must be retained a minimum of five years. The record may be the original or a reproduced copy or a microfilm provided that the copy or microfilm is authenticated by authorized personnel and that the microfilm is capable of producing a clear copy throughout the required retention period. The record may also be stored in electronic media with the capability of producing legible, accurate, and complete records during the required retention period. Records such as letters, drawings, and specifications, must include all pertinent information such as stamps, initials, and signatures. The licensee must maintain adequate safeguards against tampering with and loss of records.
Stat. Auth.: ORS 453.635

Stats. Implemented: ORS 453.605 - 453.807

Hist.: PH 3-2003, f. & cert. ef. 3-27-03; PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05; PH 36-2004, f. & cert. ef. 12-1-04; PH 12-2006, f. & cert. ef. 6-16-06; PH 4-2007, f. & cert. ef. 3-1-07
333-100-0060
Inspections
(1) Each licensee and registrant must afford to the Agency at all reasonable times opportunity to inspect sources of radiation and radioactive material and the premises and facilities wherein such sources of radiation and radioactive material are used or stored.
(2) Each licensee and registrant must make available to the Agency for inspection, upon reasonable notice, records maintained pursuant to the rules in this chapter.
(3) Within the available resources of the Agency, X-Ray Machine Registrants must be inspected at the following frequency based upon the class of x-ray machine(s) registered:
(a) Every Year: Hospitals and Radiologists.
(b) Every Two Years: Chiropractors, Medical and Osteopaths.
(c) Every Three Years: Academic, Dental, Industrial, Podiatry, and Veterinary.
(4) Not withstanding the above, the Agency may inspect more frequently as deemed necessary to protect public health and safety.
Stat. Auth.: ORS 453.635

Stats. Implemented: ORS 453.605 - 453.807

Hist.: HD 4-1985, f. & ef. 3-20-85; HD 1-1991, f. & cert. ef. 1-8-91; HD 16-1994, f. & cert. ef. 6-27-94; HD 1-1995, f. & cert. ef. 4-26-95; PH 3-2003, f. & cert. ef. 3-27-03; PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05; PH 36-2004, f. & cert. ef. 12-1-04; PH 12-2006, f. & cert. ef. 6-16-06; PH 4-2007, f. & cert. ef. 3-1-07
333-100-0065
Tests
Each licensee and registrant must perform, or permit the Authority to perform, such tests as the Authority deems appropriate or necessary for the administration of the rules in this division and divisions 101, 105, 106, 108, 109, 112, 113, 115, 116, 117, 119, 121, 122, and 123 of this chapter including, but not limited to, tests of:
(1) Sources of radiation and radioactive material;
(2) Facilities wherein sources of radiation and radioactive material are used or stored;
(3) Radiation detection and monitoring instruments; and
(4) Other equipment and devices used in connection with the utilization or storage of licensed or registered sources of radiation and radioactive material.
Stat. Auth.: ORS 453.635

Stats. Implemented: ORS 453.605 - 453.807

Hist.: HD 4-1985, f. & ef. 3-20-85; HD 1-1991, f. & cert. ef. 1-81-91; PH 3-2003, f. & cert. ef. 3-27-03; PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05; PH 36-2004, f. & cert. ef. 12-1-04; PH 12-2006, f. & cert. ef. 6-16-06; PH 4-2007, f. & cert. ef. 3-1-07; PH 4-2010, f. & cert. ef. 2-16-10
333-100-0070
Units of Exposure and Dose
The Metric Conversion
Act of 1975 (PL 94-168) urged the increasing awareness and use of the International
System of Units (SI). The generally accepted regulatory values in the narrative
portions of this document are followed by the SI equivalents in parentheses. Where
appropriate, schedules and appendices are provided with notes concerning conversion
factors. The inclusion of the SI equivalent is for informational purposes only.
(1) The
unit of exposure is the coulomb per kilogram (C/kg). One roentgen is equal to 2.58x10-4 coulomb per kilogram of air.
(2) The
units of radiation dose are:
(a) Gray
(Gy) is the SI unit of absorbed dose. One gray is equal to an absorbed dose of one
joule per kilogram (100 rad);
(b) Rad
is the special unit of absorbed dose. One rad is equal to an absorbed dose of 100
erg per gram or 0.01 joule per kilogram (0.01 Gy);
(c) Rem
is the special unit of any of the quantities expressed as dose equivalent. The dose
equivalent in rem is equal to the absorbed dose in rad multiplied by the quality
factor (1 rem = 0.01 Sv).
(d) Sievert
is the SI unit of any of the quantities expressed as dose equivalent. The dose equivalent
in sievert is equal to the absorbed dose in gray multiplied by the quality factor
(1 Sv = 100 rem).
(e) As
used in these regulations, the quality factors for converting absorbed dose to dose
equivalent are shown in 10 CFR 20 Part 20.1004 Table 1004(b).1.
(3) If
it is more convenient to measure the neutron fluence rate than to determine the
neutron dose equivalent rate in rem per hour or sieverts per hour, as provided in
(2)(c) of this rule, one rem (0.01 Sv) of neutron radiation of unknown energies
may, for purposes of the regulations in this part, be assumed to result from a total
fluence of 25 million neutrons per square centimeter incident upon the body. If
sufficient information exists to estimate the approximate energy distribution of
the neutrons, the licensee may use the fluence rate per unit dose equivalent or
the appropriate Q value from 10 CFR 20 part 20.1004 Table 1004(b).2 (at the end
of this division) to convert a measured tissue dose in gray or rad to dose equivalent
in sievert rem.
[ED. NOTE: Tables
referenced are available from the agency.]
Stat.
Auth.: ORS 453.635

Stats.
Implemented: ORS 453.605 - 453.807

Hist.:
HD 1-1991, f. & cert. ef. 1-8-91; HD 15-1994, f. & cert. ef. 5-6-94; PH
3-2003, f. & cert. ef. 3-27-03; PH 31-2004(Temp), f. & cert. ef. 10-8-04
thru 4-5-05; PH 36-2004, f. & cert. ef. 12-1-04; PH 12-2006, f. & cert.
ef. 6-16-06; PH 4-2007, f. & cert. ef. 3-1-07; PH 10-2011, f. 9-30-11, cert.
ef. 10-1-11
333-100-0080
Deliberate Misconduct
(1) Any licensee or any employee of a licensee; and any contractor (including a supplier or consultant), subcontractor, or any employee of a contractor or subcontractor, of any licensee, who knowingly provides to any licensee, contractor, or subcontractor, components, equipment, materials, or other goods or services, that relate to a licensee's activities subject to this part; may not:
(a) Engage in deliberate misconduct that causes or, but for detection, would have caused, a licensee to be in violation of any rule, regulation, or order, or any term, condition, or limitation of any license, issued by the Authority; or
(b) Deliberately submit to the Authority, a licensee, or a licensee's contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the Authority.
(2) A person who violates subsection (1)(a) or (1)(b) of this rule may be subject to enforcement action in accordance with OAR 333-100-0035.
(a) For purposes of subsection (1)(a) of this rule, deliberate misconduct by a person means an intentional act or omission that the person knows:
(A) Would cause a licensee to be in violation of any rule, regulation, or order, or any term, condition, or limitation, of any license issued by the Authority; or
(B) Constitutes a violation of a requirement, procedure, instruction, contract, purchase order or policy of a licensee, contractor, or subcontractor.
Stat. Auth.: ORS 453.635

Stats. Implemented: ORS 453.625 - 453.807

Hist.: PH 3-2003, f. & cert. ef. 3-27-03; PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05; PH 36-2004, f. & cert. ef. 12-1-04; PH 4-2007, f. & cert. ef. 3-1-07; PH 14-2008, f. & cert. ef. 9-15-08

The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
The Oregon Administrative Rules and the Oregon Bulletin are
copyrighted by the Oregon Secretary of State. Terms
and Conditions of Use