SECTION 252:410-10-1. Radioactive Materials Program

(a)   Scope.

(1)   The rules in this Subchapter establish license requirements for the following categories of radioactive materials: byproduct material, source material and special nuclear material.

(2)   License requirements incorporated by reference from 10 CFR are applicable requirements for all categories of radioactive materials within the scope of this Subchapter.

(b)   Exclusions. Responsibility for the following regulatory requirements remains with the NRC:

(1)   In 10 CFR 20. Exemptions to labeling requirements, § 20.1905(g); Reports of exposures, radiation levels, and concentrations of radioactive material exceeding the constraints or limits at nuclear power plants, § 20.2203(c); Reports of individual monitoring, § 20.2206(a)(1), (a)(3), (a)(4) and (a)(5);

(2)   In 10 CFR 30. Activities requiring license, § 30.3(b); Definitions, 30.4 "Commencement of construction" paragraph (2), "Construction" paragraph (9)(ii), and "Quantities of concern"; Application for specific licenses, § 30.32(k); Terms and conditions of licenses, § 30.34 (d), (e)(1), (e)(3) and (1); Transfer of byproduct material, § 30.41 (b)(6); Tritium reports, § 30.55;

(3)   In 10 CFR 32. Purpose and scope, § 32.1(c)(1); Subpart A, Exempt concentrations and items, §§ 32.11, 32.12, 32.14, 32.15, 32.16, 32.18 through 32.23, and 32.25 through 32.29; Subpart D, Specifically licensed items, § 32.210;

(4)   In 10 CFR 35. License required, § 35.11(c)(1); License amendments, § 35.13(a)(1);

(5)   In 10 CFR 36. Definitions, 36.2 "Commencement of construction" paragraph 2 and "Construction" paragraph 9(ii);

(6)   In 10 CFR 37. General security program requirements, 37.43(d)(9);

(7)   In 10 CFR 40. General Provisions, §§ 40.2a and 40.3; Definitions, 40.4 "Commencement of construction" paragraph (2) and "Construction" paragraph (9)(ii); Exemptions, §§ 40.11, 40.12 and 40.13 (a), (b), (c)(1) through (4) (c)(5)(iv), (c)(7) through (8), 40.14; General Licenses, §§ 40.20 through 40.24; 40.26 through 40.28; License Applications, §§ 40.31 (f) through (l), §§ 40.32 (d) through (g), §§ 40.33 through 40.35, § 40.37, and § 40.38; Licenses, §§ 40.41 (d), (e)(1) and (3), (f) and (g), § 40.42 and § 40.46; Transfer of Source Material, § 40.51 (b)(6); Records, Reports, and Inspections, § 40.60 (c)(3), §§ 40.64 through 40.67; Appendix A;

(8)   In 10 CFR 61. Other information, § 61.16; Standards for issuance of a license, § 61.23 (i) and (j) regarding physical security information and criticality safety procedures for special nuclear material possessed prior to disposal;

(9)   In 10 CFR 70. Regulation of special nuclear material for spent fuel, high level radioactive waste and uranium enrichment facilities, §§ 70.1(c), (d) and (e); Definitions, 70.4 "Commencement of construction" paragraph (2) and "Construction" paragraph (9)(ii); Department of Defense, § 70.13; Foreign military aircraft, § 70.14; General license to possess special nuclear material for transport, § 70.20a; General license for carriers of transient shipments of formula quantities of strategic special nuclear material of moderate strategic significance, special nuclear material of low strategic significance, and irradiated reactor fuel regulated under 10 CFR 73, § 70.20b; Subpart D - License Applications, § 70.21(a)(1), (c), (f), (g) and (h); § 70.22 (b), (c) and (f) through (n), § 70.23 (a)(6) through (12) and (b), § 70.23a, and § 70.24; Subpart E - Licenses, § 70.31 (c), (d), and (e), § 70.32 (a)(1), (a)(4) through (7), (b)(1), (b)(3), (b)(4), (c) through (k), and § 70.37; § 70.40; Subpart F - Acquisition, Use and Transfer of Special Nuclear Material, Creditor's Rights, §70.42(b)(6), and § 70.44; Subpart G - Special Nuclear Material Control, Records, Reports and Inspections, § 70.51(c),(d) and (e), § 70.52 through § 70.54, § 70.55(c), § 70.56, and §70.59; Subpart H - Additional Requirements for Certain Licensees Authorized to Possess a Critical Mass of Special Nuclear Material, § 70.60 through 70.76; Subpart I - Modification and Revocation of Licenses, § 70.81 and § 70.82; Subpart J - Enforcement, §§ 70.91, 70.92 and Appendix A to Part 70;

(10)   In 10 CFR 71. Subpart A - General Provisions, § 71.10; Subpart B - Exemptions, § 71.14(b); Subpart C - General licenses, § 71.19; Subpart D - Application for Package Approval, §§ 71.31 through 71.39; Subpart E - Package Approval Standards, §§ 71.41 through 71.45 and §§ 71.51 through 71.65; Subpart F - Package, Special Form, and LSA-III Tests, §§ 71.70 through 71.77; Subpart G - Operating Controls and Procedures, § 71.85(a), (b) and (c) and § 71.91(b); Subpart H - Quality Assurance, § 71.101(c)(2), (d), and (e) and §§ 71.107 through 71.125;

(11)   In 10 CFR 150. Persons in offshore waters not exempt, § 150.7; Persons in agreement states exempt, § 150.10; Commission regulatory authority for physical protection in agreement states, § 150.14; Persons not exempt, § 150.15(a)(9); Continued Commission authority pertaining to byproduct material, § 150.15a(b)(6); Persons in agreement states not exempt, Continued Commission authority pertaining to byproduct material in agreement states, § 150.17; Compliance with requirements of US/IAEA safeguards agreement for source material under state agreement license; Submission to Commission of reports for tritium in agreement states, § 150.19; Transportation by aircraft of special nuclear material by agreement state licensee, § 150.21; Violations, § 150.30; Requirements for Agreement State regulation of byproduct material, § 150.31; Funds for reclamation or maintenance of byproduct material, §150.32; and Criminal penalties, § 150.33.

(c)   Effective date. The requirements of this Subchapter became effective September 29, 2000, the date upon which jurisdiction over all unrevoked and unexpired NRC licenses and plan approvals was transferred to DEQ.

[Source: Added at 17 Ok Reg 1136, eff 6-1-00; Amended at 21 Ok Reg 1539, eff 6-11-04; Amended at 24 Ok Reg 1290, eff 6-15-07; Amended at 26 Ok Reg 1193, eff 7-1-09; Amended at 29 Ok Reg 620, eff 7-1-12; Amended at 33 Ok Reg 1466, eff 9-15-16; Amended at 34 Ok Reg 1196, eff 9-15-17; Amended at 37 Ok Reg 1290, eff 9-15-20]