Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
General license
issued.
A general license is 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:
A. no more than 1.5 kg (3.3 lb) of uranium
and thorium in dispersible forms, for example gaseous, liquid, or powder, 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 this item may not receive more than a total of 7
kg (15.4 lb) of uranium and thorium in any one calendar year. Persons
possessing source material in excess of these limits as of December 31, 2014,
may continue to possess up to 7 kg (15.4 lb) of uranium and thorium at any one
time for one year beyond this date, or until the commissioner takes final
action on a pending application submitted on or before December 31, 2015, for a
specific license for such material and receive up to 70 kg (154 lb) of uranium
or thorium in any one calendar year until December 31, 2015, or until the
commissioner takes final action on a pending application submitted on or before
December 31, 2015, for a specific license for such material; and
B. 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 this item 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
this item unless it is accounted for under the limits of item A; or
C. 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 this item; or
D. 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
this item may not receive more than a total of 70 kg (154 lb) of source
material in any one calendar year.
Subp. 2.
Other law.
A person who receives, possesses, uses, or transfers source
material under the general license issued under subpart 1:
A. is prohibited from administering source
material, or the radiation therefrom, either externally or internally, to human
beings except as authorized by the commissioner in a specific
license;
B. must not abandon the
source material. Source material may be disposed of as follows:
(1) a cumulative total of 0.5 kg (1.1 lb) of
source material in a solid, nondispersible 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 this subitem is exempt from the requirements to obtain a license
under parts 4731.0700 to 4731.0840 to the extent the source material is
permanently disposed. This provision does not apply to any person who is in
possession of source material under a specific license issued under this
chapter; or
(2) in accordance with
part 4731.2400;
C. is
subject to the provisions in parts 4731.0700 to 4731.0710, 4731.0785, and
4731.0810 to 4731.0840;
D. must
respond to written requests from the commissioner 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 must, within
that same time period, request a longer period to supply the information by
providing the commissioner a written justification for the request;
and
E. must not export such source
material except in accordance with Code of Federal
Regulations, title 10, section 110.
Subp. 2a.
Contamination.
Any person who receives, possesses, uses, or transfers source
material in accordance with subpart 1 must conduct activities to minimize
contamination of the facility and the environment. When activities involving
source material are permanently ceased at any site, if evidence of significant
contamination is identified, the general licensee must notify the commissioner
about the contamination and may consult with the commissioner 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 part 4731.2100.
Subp. 3.
Exemption.
A person who receives, possesses, uses, or transfers source
material under the general license issued under subpart 1 is exempt from the
provisions of parts 4731.1000 to 4731.2950 to the extent that receipt,
possession, use, and transfer are within the terms of this general license,
except that the person must comply with the provisions of parts 4731.2100,
subpart 1, and 4731.2400 to the extent necessary to meet the provisions of
subparts 2, item B, and 3. However, this exemption does not apply to any person
who also holds a specific license issued under this chapter.
Subp. 4.
Transfer authorization
required.
No person may initially transfer or distribute source
material to persons generally licensed under subpart 1, item A or B, or
equivalent regulations of the NRC or an agreement state, unless authorized by a
specific license issued in accordance with part 4731.0816 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. Initial distribution of source material to persons
generally licensed by subpart 1 before December 31, 2014, without specific
authorization may continue for one year beyond this date. Distribution may also
be continued until the commissioner takes final action on a pending application
for license or license amendment to specifically authorize distribution
submitted on or before December 31, 2014.
Statutory Authority: MS s
144.1202;
144.1203