SECTION 252:410-10-2. Using provisions incorporated by reference as state rules

(a)   Extent of incorporations by reference. Each regulation from 10 CFR is incorporated in its entirety unless specified otherwise.

(b)   Interfacing terms. For purposes of the Radioactive Materials Program, these 10 CFR terms shall be interpreted as follows unless specified otherwise in specific incorporating sections:

(1)   "Commission" or the "Nuclear Regulatory Commission" or "NRC" means DEQ.

(2)   "Commissioner", "Regional Administrator", "Administrator", "Director" or "Executive Director" means DEQ's Executive Director.

(3)   "License" means a valid NRC or Radioactive Materials Program license issued under or subject to DEQ jurisdiction.

(4)   "Licensee" means the holder of a NRC or Radioactive Materials Program license.

(5)   "NRC Operation Center" means DEQ's hotline, 1-800/522-0206.

(6)   "Order" means an administrative order issued by DEQ.

(7)   "10 CFR 170. 31" or "Schedule of Material Fees" means those fees listed in 252:410-10-101 through 121.

(c)   Alternate forms. In lieu of a referenced NRC form, persons reporting to DEQ may use their own computer-generated form or a Radioactive Materials Program form available from DEQ.

(d)   Inconsistencies. Whenever a requirement which has been incorporated by reference is inconsistent with another rule of this Chapter, the requirement incorporated by reference shall prevail.

(e)   Exceptions. The provisions for enforcement in 10 CFR Part 2, subpart B referenced in 10 CFR 30.10 (b), 40.10(b), 61.9b (b) and 70.10 are not incorporated by reference. Any violation of Chapter 410 rules is subject to enforcement in accordance with the requirements of 27A O.S.§ 2-3-501 et seq., and OAC 252:4, Department of Environmental Quality Rules of Practice and Procedure.

[Source: Added at 17 Ok Reg 1136, eff 6-1-00; Amended at 21 Ok Reg 1539, eff 6-11-04; Amended at 26 Ok Reg 1193, eff 7-1-09]