Current through Register No. 40, October 3, 2024
(a) A general
license shall be 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, which shall include
gaseous, liquid, and powder forms, at any one time, and under the following
conditions:
a. Any material processed by the
general licensee that alters the chemical or physical form of the material
containing source material shall be accounted for as a dispersible
form;
b. A person authorized to
possess, use, and transfer source material under
He-P
4032.03(a) shall not receive more
than a total of 7 kg (15.4 lb) of uranium and thorium in any one calendar
year;
c. Persons possessing source
material in excess of these limits in b. above may:
(i) Continue to possess up to 7 kg (15.4 lb)
of uranium and thorium at any one time for one year until the DHHS/RHS takes
final action on a pending application submitted on or before August 27, 2014,
for a specific license for such material; and
(ii) Continue to receive up to 70 kg (154 lb)
of uranium or thorium in any one calendar year until December 31, 2014, or
until the DHHS/RHS takes final action on a pending application submitted on or
before August 27, 2014, for a specific license for such material;
(2) No more than a
total of 7 kg (15.4 lb) of uranium and thorium at any one time, and under the
following conditions:
a. A person authorized
to possess, use, and transfer source material under this paragraph shall not
receive more than a total of 70 kg (154 lb) of uranium and thorium in any one
calendar year; and
b. A person
shall not alter the chemical or physical form of the source material possessed
under He-P
4032.03(a) unless it is accounted
for under the limits of
He-P
4032.03(a) (1) ;
(3) No more than 7 kg (15.4 lb) of uranium,
removed during the treatment of drinking water, at any one time. In addition, a
person shall not remove more than 70 kg (154 lb) of uranium from drinking water
during a calendar year under
He-P
4032.03(a) ; 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. In addition, a person authorized to possess, use, and transfer source
material under He-P 4032.03(a)
shall not receive more than a total of 70 kg
(154 lb) of source material in any one calendar year.
(b) Persons who receive, possess, use, or
transfer source material pursuant to the general license issued in
He-P
4031.03(a) :
(1) Shall be prohibited from administering
source material, or the radiation therefrom, either externally or internally,
to human beings except as may be authorized by the DHHS/RHS in a specific
license;
(2) Shall not abandon such
source material;
(3) Shall dispose
of such source material 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 this paragraph
shall be exempt from the requirements to obtain a license under this part to
the extent the source material is permanently disposed. This provision shall
not apply to any person who is in possession of source material under a
specific license issued under He-P 4032 or He-P 4033; or
b. In accordance with
He-P
4023.01;
(4) Shall be subjected to the provisions in
He-P
4001.03,
He-P
4001.05,
He-P
4001.07,
He-P
4001.08,
He-P
4003.01, He-P 4024,
He-P
4030.15 through
He-P
4030.17, and
He-P
4031.03;
(5) Shall respond to written requests from
the DHHS/RHS 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 DHHS/RHS, a written
justification for the request; and
(6) 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
He-P
4031.03(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 DHHS/RHS about such contamination and may consult with the
DHHS/RHS 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
He-P
4024.09.
(d) Any person who receives, possesses, uses,
or transfers source material in accordance with the general license granted in
He-P4031.03(a) shall be exempt from the provisions of He-P 4019, He-P 4020, and
He-P 4021 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
He-P
4023.01 and
He-P
4024.09 to the extent necessary to meet the provisions
of He-P
4031.03(b) (2) and (c) . However,
this exemption shall not apply to any person who also holds a specific license
issued under He-P 4032 or He-P 4033.
(e) A general license shall be issued to
receive, acquire, possess, use, or transfer depleted uranium provided that:
(1) The depleted uranium is contained in
industrial products or devices for the purpose of providing a concentrated mass
in a small volume of the product or device in accordance with the provisions of
He-P
4031.03(e) (2), (3) , and (4)
;
(2) The depleted uranium
authorized in He-P 4031.03(e) (1)
is contained only in industrial products or
devices which have been manufactured 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 person who receives, acquires,
possesses, or uses depleted uranium pursuant to the general license established
by He-P
4031.03(e) (1) :
a. Shall not introduce such depleted uranium,
in any form, into a chemical, physical, or metallurgical treatment or process,
except when a treatment or process is for repair or restoration of the plating
or covering of the depleted uranium;
b. Shall not abandon such depleted
uranium;
c. Shall transfer or
dispose of depleted uranium only by transfer in accordance with the provisions
of He-P
4030.15;
d. Shall furnish the transferee a copy of
this rule when depleted uranium is transferred in accordance with
He-P
4031.03(e) (3) c;
e. Shall furnish the transferee a copy of
He-P 4031 accompanied by a note explaining that use of the product or device is
regulated by the U.S. Nuclear Regulatory Commission or an Agreement State 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 an
Agreement State's regulation equivalent to
He-P
4031.03(e) (1) ;
f. Shall report within 30 days of any
transfer, a report in writing to the DHHS/RHS the name and address of the
person receiving the depleted uranium pursuant to such transfer; and
g. Shall not export depleted uranium except
in accordance with a license issued by the U.S. Nuclear Regulatory Commission
pursuant to 10 CFR 110; and
(4) Any person receiving, acquiring,
possessing, using, or transferring depleted uranium pursuant to the general
license established by
He-P
4031.03(e) shall be exempt from the
requirements of He P 4019 through He-P 4023 with respect to the provisions of
He-P 4031.
(f) No person
shall initially transfer or distribute source material to persons generally
licensed under He-P 4031.03(a) (1) or (a)
(2), equivalent regulations of an Agreement
State, or Nuclear Regulatory Commission, unless authorized by a specific
license issued in accordance with
He-P
4032.03(a) (1) and (a) (2),
equivalent provisions of an Agreement Statement, or Nuclear Regulatory
Commission 10 CFR
40.54. This prohibition shall 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
He-P
4031.03(a) before August 27, 2013
without specific authorization, shall continue for 1 year beyond August 27,
2013. Distribution shall also be continued until DHHS/RHS or the Nuclear
Regulatory Commission takes final action on pending application for license or
license amendments to specifically authorized distribution submitted on or
before August 27, 2014.
(See Revision Note at part heading for He-P 4031) #6942,
eff 2-1-99; ss by #8481, eff 11-5-05 (from
He-P
4031.01)
