Cal. Code Regs. tit. 17 § 30100

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 30100 - General Definitions

As used in subchapter 4:

(a) "Act" means the "Radiation Control Law," Health and Safety Code, Division 104, Part 9, chapter 8, sections 114960 et seq.

(b) "Agreement State" means any state with which the United States Atomic Energy Commission or Nuclear Regulatory Commission has entered into an effective agreement under section 274 b of the Atomic Energy Act of 1954, Title 42, United States Code, section 2021(b) (formerly section 274(b)).

(c) "Decommission" means to remove safely from service and reduce residual radioactivity to a level that permits release of the property for unrestricted use and termination of the license.

(d) "Department" means the California Department of Public Health.

(e) "Depleted uranium" means the 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.

(f) "Hazardous radioactive material," as used in section 33000 of the California Vehicle Code and 114820(d) of the Health and Safety Code means any "highway route controlled quantity" of radioactive material as such material is defined in title 49, Code of Federal Regulations, section 173.403.

(g) "Human use" means the internal or external administration of radiation or radioactive materials to human beings.

(h) "Installation" means the location where one or more reportable sources of radiation are possessed.

(i) "License," except where otherwise specified, means a license issued pursuant to group 2, Licensing of Radioactive Material.

(j) "Other official agency specifically designated by the Department" means an agency with which the Department has entered into an agreement pursuant to section 114990 of the Health and Safety Code.

(k) "Person" means any individual, corporation, partnership, limited liability company, 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, other than the United States Nuclear Regulatory Commission, the United States Department of Energy, or any successor thereto, and other than Federal Government agencies licensed by the United States Nuclear Regulatory Commission, under prime contract to the United States Department of Energy, or any successor thereto.

(l) "Personnel monitoring equipment" means devices designed to be worn or carried by an individual for the purpose of measuring the dose received by that individual (e.g., film badges, pocket chambers, pocket dosimeters, film rings, etc.).

(m) "Possess" means to receive, possess, use, transfer or dispose of radioactive material pursuant to this regulation.

(n) "Possessing a reportable source of radiation" means having physical possession of, or otherwise having control of, a reportable source of radiation in the State of California.

(o) "Radiation" (ionizing radiation) means gamma rays and X-rays; alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles; but not sound or radio waves, or visible, infrared, or ultraviolet light.

(p) "Radiation machine" means any device capable of producing radiation when the associated control devices are operated, but excluding devices which produce radiation only by the use of radioactive material.

(q) "Radioactive material" means any material which emits radiation spontaneously.

(r) "Registrant" means any person who is registering or who has registered with the Department pursuant to group 1.5, Registration of Sources of Radiation.

(s) "Reportable sources of radiation" means either of the following:

(1) Radiation machines, when installed in such manner as to be capable of producing radiation.

(2) Radioactive material contained in devices possessed pursuant to a general license under provisions of sections 30192.1 and 30192.6.

(t) "Research and development" means theoretical analysis, exploration, experimentation or the extension of investigative findings and scientific or technical theories into practical application for experimental or demonstration purposes, including the experimental production and testing of models, prototype devices, materials and processes; but shall not include human use.

(u) "Sealed source" means any radioactive material that is permanently encapsulated in such manner that the radioactive material will not be released under the most severe conditions likely to be encountered by the source.

(v) "Source of radiation" means a discrete or separate quantity of radioactive material or a single radiation machine.

(w) "Special nuclear material" means:

(1) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the Department declares by rule to be special nuclear material after the United States Nuclear Regulatory Commission, or any successor thereto, has determined the material to be such, but does not include source material; or

(2) Any material artificially enriched by any of the foregoing, but does not include source material.

(x) "Specific license" means a license or the equivalent document issued to a named person by the Department or by the Nuclear Regulatory Commission or by any other Agreement State.

(y) "This regulation" means: California Code of Regulations, Title 17, Division 1, Chapter 5, Subchapter 4.

(z) "User" means any person who is licensed to possess radioactive material or who has registered as possessing a reportable source of radiation pursuant to groups 1.5 and 2 of this subchapter, or who otherwise possesses a source of radiation which is subject to such licensure or registration.

(aa) "Worker" means any individual engaged in activities subject to this regulation and controlled by a user, but does not include the user.

Cal. Code Regs. Tit. 17, § 30100

1. Repealer of group 1 and new group 1 (sections 30100 through 30146) filed 11-29-65; effective thirtieth day thereafter (Register 65, No. 23). For prior histories, see Registers 62, No. 1 and 62, No. 8.
2. Repealer and new section filed 11-25-85; effective thirtieth day thereafter (Register 85, No. 48).
3. Change without regulatory effect of subsection (ac)(2) (Register 88, No. 6).
4. Amendment of subsection (j), relettering of former subsections (p)-(ap) to subsections (q)-(aq), and new subsection (p) filed 9-5-89; operative 10-5-89 (Register 89, No. 36).
5. New subsection (k) and redesignation of former sections (k) through (aq) to subsections (l) through (ar) filed 4-19-91; operative 5-19-91 (Register 91, No. 20).
6. Editorial correction of printing error in subsections (q)-(ar) (Register 91, No. 30).
7. Change without regulatory effect amending subsection (an) filed 11-1-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 5).
8. Amendment of section and NOTE filed 3-3-94 as an emergency; operative 3-3-94 (Register 94, No. 9). A Certificate of Compliance must be transmitted to OAL by 7-1-94 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 3-3-94 order transmitted to OAL 6-7-94 and filed 7-14-94 (Register 94, No. 28).
10. Amendment of subsection (a), new subsection (c) and subsection relettering filed 10-16-95 as an emergency; operative 10-16-95 (Register 95, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-13-96 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 10-16-95 order, including amendment of subsections (a), (f) and (k) and of NOTE, transmitted to OAL 2-9-96 and filed 3-25-96 (Register 96, No. 13).
12. Amendment of subsection (q) and NOTE filed 6-22-2005 as an emergency; operative 6-22-2005 (Register 2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-20-2005 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 6-22-2005 order transmitted to OAL 9-20-2005 and filed 10-18-2005 (Register 2005, No. 42).
14. Amendment of subsection (a) filed 7-20-2006; operative 8-19-2006 (Register 2006, No. 29).
15. Amendment of subsections (d) and (f) and NOTE filed 4-24-2009; operative 5-24-2009 (Register 2009, No. 17).
16. Repealer of subsections (j)-(j)(6), subsection relettering, amendment of newly designated subsections (k), (s)(2), (y) and (aa) and amendment of NOTE filed 10-13-2010; operative 1-1-2011 (Register 2010, No. 42).

Note: Authority cited: Sections 114975, 115000 and 131200, Health and Safety Code. Reference: Sections 114965, 114970, 114985, 115060, 131050, 131051 and 131052, Health and Safety Code.

1. Repealer of group 1 and new group 1 (sections 30100 through 30146) filed 11-29-65; effective thirtieth day thereafter (Register 65, No. 23). For prior histories, see Registers 62, No. 1 and 62, No. 8.
2. Repealer and new section filed 11-25-85; effective thirtieth day thereafter (Register 85, No. 48).
3. Change without regulatory effect of subsection (ac)(2) (Register 88, No. 6).
4. Amendment of subsection (j), relettering of former subsections (p)-(ap) to subsections (q)-(aq), and new subsection (p) filed 9-5-89; operative 10-5-89 (Register 89, No. 36).
5. New subsection (k) and redesignation of former sections (k) through (aq) to subsections (l) through (ar) filed 4-19-91; operative 5-19-91 (Register 91, No. 20).
6. Editorial correction of printing error in subsections (q)-(ar) (Register 91, No. 30).
7. Change without regulatory effect amending subsection (an) filed 11-1-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 5).
8. Amendment of section and Note filed 3-3-94 as an emergency; operative 3-3-94 (Register 94, No. 9). A Certificate of Compliance must be transmitted to OAL by 7-1-94 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 3-3-94 order transmitted to OAL 6-7-94 and filed 7-14-94 (Register 94, No. 28).
10. Amendment of subsection (a), new subsection (c) and subsection relettering filed 10-16-95 as an emergency; operative 10-16-95 (Register 95, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-13-96 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 10-16-95 order, including amendment of subsections (a), (f) and (k) and of Note, transmitted to OAL 2-9-96 and filed 3-25-96 (Register 96, No. 13).
12. Amendment of subsection (q) and NOTE filed 6-22-2005 as an emergency; operative 6-22-2005 (Register 2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-20-2005 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 6-22-2005 order transmitted to OAL 9-20-2005 and filed 10-18-2005 (Register 2005, No. 42).
14. Amendment of subsection (a) filed 7-20-2006; operative 8-19-2006 (Register 2006, No. 29).
15. Amendment of subsections (d) and (f) and Note filed 4-24-2009; operative 5-24-2009 (Register 2009, No. 17).
16. Repealer of subsections (j)-(j)(6), subsection relettering, amendment of newly designated subsections (k), (s)(2), (y) and (aa) and amendment of Note filed 10-13-2010; operative 1-1-2011 (Register 2010, No. 42).
1. New division 4 (chapters 1-2, sections 30100-30832), chapter 1 (articles 1-7, sections 30100-30711), article 1 (sections 30100-30102) and section filed 1-5-2018 as an emergency; operative 1-5-2018 (Register 2018, No. 1). Pursuant to Government Code section 15679, this action is a deemed emergency and exempt from OAL review. A Certificate of Compliance must be transmitted to OAL by 7-5-2018 or emergency language will be repealed by operation of law on the following day.
2. New division 4 (chapters 1-2, sections 30100-30832), chapter 1 (articles 1-7, sections 30100-30711), article 1 (sections 30100-30102) and section refiled 5-8-2018 as an emergency; operative 7-6-2018 (Register 2018, No. 19). Pursuant to Government Code section 15679, this action is a deemed emergency and exempt from OAL review. A Certificate of Compliance must be transmitted to OAL by 10/4/2018 or emergency language will be repealed by operation of law on the following day.