Current through Register 1531, September 27, 2024
(A) A general
license is hereby issued authorizing commercial and industrial firms; research,
educational, and medical institutions; and state and local government agencies
to receive, possess, use, and transfer uranium and thorium, in their natural
isotopic concentrations and in the form of depleted uranium, for research,
development, educational, commercial, or operational purposes in the following
forms and quantities:
(1) No more than 1.5 kg
(3.3 lb) of uranium and thorium in dispersible forms (e.g.,
gaseous, liquid, powder, etc.) at any one time. Any material
processed by the general licensee that alters the chemical or physical form of
the material containing source material must be accounted for as a dispersible
form. A person authorized to possess, use, and transfer source material under
105 CMR 120.121(A)(1) may not receive more than a total of 7 kg (15.4 lb) of
uranium and thorium in any one calendar year; and
(2) No more than a total of 7 kg (15.4 lb) of
uranium and thorium at any one time. A person authorized to possess, use, and
transfer source material under 105 CMR 120.121(A)(2) may not receive more than
a total of 70 kg (154 lb) of uranium and thorium in any one calendar year. A
person may not alter the chemical or physical form of the source material
possessed under 105 CMR 120.121(A)(2) unless it is accounted for under the
limits of 105 CMR 120.121(A)(1); or
(3) No more than 7 kg (15.4 lb) of uranium,
removed during the treatment of drinking water, at any one time. A person may
not remove more than 70 kg (154 lb) of uranium from drinking water during a
calendar year under 105 CMR 120.121(A)(3); or
(4) No more than 7 kg (15.4 lb) of uranium
and thorium at laboratories for the purpose of determining the concentration of
uranium and thorium contained within the material being analyzed at any one
time. A person authorized to possess, use, and transfer source material under
105 CMR 120.121(A)(4) may not receive more than a total of 70 kg (154 lb) of
source material in any one calendar year.
(B) Any person who receives, possesses, uses,
or transfers source material pursuant to the general license issued in 105 CMR
120.121(A):
(1) Is prohibited from
administering source material, or the radiation therefrom, either externally or
internally, to human beings except as may be authorized by the Agency in a
specific license.
(2) Shall not
abandon such source material. Source material may be disposed of as follows:
(a) A cumulative total of 0.5 kg (1.1 lb) of
source material in a solid, non-dispersible form may be transferred each
calendar year, by a person authorized to receive, possess, use, and transfer
source material under this general license to persons receiving the material
for permanent disposal. The recipient of source material transferred under the
provisions of 105 CMR 120.121(B)(2)(a) is exempt from the requirements to
obtain a license under
105 CMR
120.100 to the extent the source material is
permanently disposed. 105 CMR 120.121(B)(2)(a) does not apply to any person who
is in possession of source material under a specific license issued under
105 CMR
120.100; or
(b) In accordance with
105 CMR
120.251.
(3) Is subject to the provisions in
105 CMR
120.001 through
120.019,
120.101(A),
120.131(A)
through (C),
120.140,
120.142,
and
120.150.
(4) Shall respond to written requests from
the Agency to provide information relating to the general license within 30
calendar days of the date of the request, or other time specified in the
request. If the person cannot provide the requested information within the
allotted time, the person shall, within that same time period, request a longer
period to supply the information by providing the Agency, using an appropriate
method listed in
105 CMR 120.013, a
written justification for the request;
(5) Shall not export such source material
except in accordance with 10 CFR Part 110.
(C) Any person who receives, possesses, uses,
or transfers source material in accordance with 105 CMR 120.121(A) shall
conduct activities so as to minimize contamination of the facility and the
environment. When activities involving such source material are permanently
ceased at any site, if evidence of significant contamination is identified, the
general licensee shall notify the Agency by an appropriate method listed in
105 CMR 120.013
about such contamination and may consult with the Agency as to the
appropriateness of sampling and restoration activities to ensure that any
contamination or residual source material remaining at the site where source
material was used under this general license is not likely to result in
exposures that exceed the limits in
105 CMR
120.245.
(D) A general license is hereby issued
authorizing the receipt of title to source material without regard to quantity.
This general license does not authorize any person to receive, possess, use, or
transfer source material.
(E)
Depleted Uranium in Industrial Products and Devices.
(1) A general license is hereby issued to
receive, acquire, possess, use, or transfer, in accordance with the provisions
of 105 CMR 120.121(E)(2) through (5), depleted uranium contained in industrial
products or devices for the purpose of providing a concentrated mass in a small
volume of the product or device.
(2) The general license in 105 CMR
120.121(E)(1) applies only to industrial products or devices which have been
manufactured either in accordance with a specific license issued to the
manufacturer of the products or devices pursuant to
105
CMR 120.128(M) or in
accordance with a specific license issued to the manufacturer by the U.S.
Nuclear Regulatory Commission or an Agreement State which authorizes
manufacture of the products or devices for distribution to persons generally
licensed by the U.S. Nuclear Regulatory Commission or an Agreement
State.
(3)
(a) Persons who receive, acquire, possess, or
use depleted uranium pursuant to the general license established by 105 CMR
120.121(E)(1) shall file form MRCP 120.100-1 "Certificate - Use of Depleted
Uranium Under General License", with the Agency. The form shall be submitted
within 30 days after the first receipt or acquisition of such depleted uranium.
The general licensee shall furnish on form MRCP 120.100-1 the following
information and such other information as may be required by that form:
1. name and address of the general
licensee;
2. a statement that the
general licensee has developed and will maintain procedures designed to
establish physical control over the depleted uranium described in 105 CMR
120.121(E)(1) and designed to prevent transfer of such depleted uranium in any
form, including metal scrap, to persons not authorized to receive the depleted
uranium; and
3. name and title,
address, and telephone number of the individual duly authorized to act for and
on behalf of the general licensee in supervising the procedures identified in
105 CMR 120.121(E)(3)(a)2.
(b) The general licensee possessing or using
depleted uranium under the general license established by 105 CMR 120.121(E)(1)
shall report in writing to the Agency any changes in information furnished by
him in form MRCP 120.100-1 "Certificate - Use of Depleted Uranium Under General
License". The report shall be submitted within 30 days after the effective date
of such change.
(4) A
person who receives, acquires, possesses, or uses depleted uranium pursuant to
the general license established by 105 CMR 120.121(E)(1):
(a) shall not introduce such depleted
uranium, in any form, into a chemical, physical, or metallurgical treatment or
process, except a treatment or process for repair or restoration of any plating
or other covering of the depleted uranium;
(b) shall not abandon such depleted
uranium;
(c) shall transfer or
dispose of such depleted uranium only by transfer in accordance with the
provisions of
105 CMR
120.140. In the case where the transferee
receives the depleted uranium pursuant to the general license established by
105 CMR 120.121(E)(1), the transferor shall furnish the transferee a copy of
105 CMR
120.100 and a copy of form MRCP 120.100-1. In
the case where the transferee receives the depleted uranium pursuant to a
general license contained in the U.S. Nuclear Regulatory Commission's or
Agreement State's regulation equivalent to 105 CMR 120.121(E)(1), the
transferor shall furnish the transferee a copy of
105 CMR
120.100 and a copy of form MRCP 120.100-1
accompanied by a note explaining that use of the product or device is regulated
by the U.S. Nuclear Regulatory Commission or Agreement State under requirements
substantially the same as those in
105 CMR
120.100;
(d) within 30 days of any transfer, shall
report in writing to the Agency the name and address of the person receiving
the depleted uranium pursuant to such transfer; and
(e) shall not export such depleted uranium
except in accordance with a license issued by the U.S. Nuclear Regulatory
Commission pursuant to 10 CFR Part 110.
(5) Any person receiving, acquiring,
possessing, using, or transferring depleted uranium pursuant to the general
license established by 105 CMR 120.121(E)(1) is exempt from the requirements of
105 CMR
120.200 and
120.750
with respect to the depleted uranium covered by that general
license.
(F) Any person
who receives, possesses, uses, or transfers source material in accordance with
the general license granted in 105 CMR 120.121(A) is exempt from the provisions
of
105 CMR
120.200 and
120.750
to the extent that such receipt, possession, use, and transfer are within the
terms of this general license, except that such person shall comply with the
provisions of
105 CMR
120.245 and
120.251 to
the extent necessary to meet the provisions of 105 CMR 120.121(B)(2) and
120.121(C). However, this exemption does not apply to any person who also holds
a specific license issued under
105 CMR
120.100.
(G) No person may initially transfer or
distribute source material to persons generally licensed under 105 CMR
120.121(A)(1) or (2), or equivalent regulations of the NRC or an Agreement
State, unless authorized by a specific license issued in accordance with
105
CMR 120.128(B) or
equivalent provisions of the NRC or an Agreement State. This prohibition does
not apply to analytical laboratories returning processed samples to the client
who initially provided the sample.
