(a) Any employer who possesses or uses source material, byproduct
material, or special nuclear material, as defined in the Atomic Energy
Act of 1954, as amended, under a license issued by the Atomic Energy
Commission and in accordance with the requirements of 10 CFR Part 20
shall be deemed to be in compliance with the requirements of this
subpart with respect to such possession and use.
(b) AEC contractors operating AEC plants and facilities: Any
employer who possesses or uses source material, byproduct material,
special nuclear material, or other radiation sources under a contract
with the Atomic Energy Commission for the operation of AEC plants and
facilities and in accordance with the standards, procedures, and other
requirements for radiation protection established by the Commission for
such contract pursuant to the Atomic Energy Act of 1954 as amended (42
U.S.C. 2011 et seq.), shall be deemed to be in compliance with the
requirements of this subpart with respect to such possession and use.
(c) AEC-agreement State licensees or registrants:
(1) Atomic Energy Act sources. Any employer who possesses or uses
source
material, byproduct material, or special nuclear material, as defined in
the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), and
has either registered such sources with, or is operating under a license
issued by, a State which has an agreement in effect with the Atomic
Energy Commission pursuant to section 274(b) (42 U.S.C. 2021(b)) of the
Atomic Energy Act of 1954, as amended, and in accordance with the
requirements of that State's laws and regulations shall be deemed to be
in compliance with the radiation requirements of this part, insofar as
his possession and use of such material is concerned, unless the
Secretary of Labor, after conference with the Atomic Energy Commission,
shall determine that the State's program for control of these radiation
sources is incompatible with the requirements of this part. Such
agreements currently are in effect only in the States of Alabama,
Arkansas, California, Kansas, Kentucky, Florida, Mississippi, New
Hampshire, New York, North Carolina, Texas, Tennessee, Oregon, Idaho,
Arizona, Colorado, Louisiana, Nebraska, and Washington.
(2) Other sources. Any employer who possesses or uses radiation
sources other than source material, byproduct material, or special
nuclear material, as defined in the Atomic Energy Act of 1954, as
amended (42 U.S.C. 2011 et seq.), and has either registered such sources
with, or is operating under a license issued by a State which has an
agreement in effect with the Atomic Energy Commission pursuant to
section 274(b) (42 U.S.C. 2021(b)) of the Atomic Energy Act of 1954, as
amended, and in accordance with the requirements of that State's laws
and regulations shall be deemed to be in compliance with the radiation
requirements of this part, insofar as his possession and use of such
material is concerned, provided the State's program for control of these
radiation sources is the subject of a currently effective determination
by the Secretary of Labor that such program is compatible with the
requirements of this part. Such determinations currently are in effect
only in the States of Alabama, Arkansas, California, Kansas, Kentucky,
Florida, Mississippi, New Hampshire, New York, North Carolina, Texas,
Tennessee, Oregon, Idaho, Arizona, Colorado, Louisiana, Nebraska, and
Washington.
