(a)  Except as provided in this subchapter, the requirements of 10 CFR Part 30 (relating to rules of general applicability to domestic licensing of byproduct material) are incorporated by reference.

 (b)  Notwithstanding the requirements incorporated by reference, 10 CFR 30.5, 30.6, 30.8, 30.21(c), 30.34(d), (e)(1) and (3), 30.41(a)(6), 30.55, 30.63 and 30.64 are not incorporated by reference.

 To reconcile differences between this subchapter and the incorporated sections of 10 CFR Part 30, the following words and phrases shall be substituted for the language in 10 CFR Part 30 as follows:

   (1)  A reference to ‘‘NRC’’ or ‘‘Commission’’ means Department.

   (2)  A reference to ‘‘NRC or agreement state’’ means Department, NRC or agreement state.

   (3)  The definition of ‘‘sealed source’’ includes NARM.

   (4)  A reference to ‘‘byproduct material’’ includes NARM.

   (5)  Notifications, reports and correspondence referenced in the incorporated parts of 10 CFR shall be directed to the Department and, for NRC licenses, to the NRC until agreement state status is in effect.

 On the date the Commonwealth becomes an agreement state as published in the Federal Register, a person who possesses a general or specific license issued by the NRC for source, byproduct or special nuclear material in quantities not sufficient to form a critical mass, is deemed to possess a like license issued under this chapter and the act. The license shall expire either 90 days after receipt from the Department of a notice of expiration of the license, or on the date of expiration specified in the NRC license, whichever is earlier.

   The provisions of this §  217.133 adopted September 14, 2001, effective September 15, 2001, 31 Pa.B. 5239.

 In addition to incorporation by reference, an application for a specific license shall be accompanied by the fee required under Chapter 218 (relating to fees).

   The provisions of this §  217.134 adopted September 14, 2001, effective September 15, 2001, 31 Pa.B. 5239.

 (a)  An application for renewal of a specific license shall be filed under §  217.134 (relating to filing application for specific licenses).

 (b)  If a renewal application is filed prior to 30 days before the expiration of a license, the existing license does not expire until definitive notice has been given by the Department of its action on the renewal application. This subsection also applies to new license applications incorporating other licenses.

 In addition to the parts of 10 CFR Part 30 (relating to rules of general applicability to domestic licensing of byproduct material) incorporated by reference, the following requirements apply:

   (1)  Except as provided in paragraph (2), a person may receive, possess, use, transfer, own or acquire products or materials containing radioactive material introduced in concentrations less than those listed in Table 1 without possession of a license under this chapter.

   (2)  Except under a specific license issued under Subchapter D (relating to specific licenses to manufacture or transfer certain items containing radioactive material), or the general license under Subchapter F (relating to specific domestic licenses of broad scope for radioactive material), a person may not introduce radioactive material into a product or material for distribution to persons exempt under paragraph (1) or equivalent regulations of the NRC, an agreement state or licensing state.

TABLE 1
EXEMPT CONCENTRATIONS

 Note: Some of the values in Table A-1 are presented in the computer ‘‘E’’ notation. In this notation, a value of 6E-02 represents a value of 6 x 10^-2 or 0.06, 6E+2 represents 6 x 10² or 600 and 6E+0 represents 6 x 10⁰ or 6.

 In addition to the parts of 10 CFR 30 incorporated by reference, the following requirements apply:

   (1)  A person may receive, possess, use, transfer, own or acquire radioactive material in individual quantities each of which is less than those listed in Table 2 if the person does not produce, package or repackage radioactive material for purposes of commercial distribution or incorporate radioactive material into products intended for commercial distribution.

   (2)  Except under a specific license issued by the Department or the NRC under 10 CFR 32.18 (relating to manufacture, distribution and transfer of exempt quantities of byproduct material: Requirements for license), a person may not, for purposes of commercial distribution, transfer radioactive material for distribution to persons exempt under paragraph (1) or equivalent regulations of the NRC, an agreement state or licensing state.

TABLE 2

EXEMPT QUANTITIES

   The provisions of this §  217.137 adopted September 14, 2001, effective September 15, 2001, 31 Pa.B. 5239.