Current through all regulations passed and filed through March 18, 2024
(A) A general
license is hereby issued to receive, acquire, possess, use, or transfer, in
accordance with the provisions of paragraphs (B), (C), (D), and (E) of this
rule, 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.
(B) The general license in
paragraph (A) of this rule applies only to industrial products or devices which
have been manufactured or initially transferred in accordance with a specific
license issued pursuant to paragraph (A) of rule
3701:1-44-17
of the Administrative Code or in accordance with a specific license issued by
the United States nuclear regulatory commission, or an agreement state which
authorizes manufacture of the products or devices for distribution to persons
generally licensed by the director, the United States nuclear regulatory
commission or an agreement state.
(C)
(1)
Persons who receive, acquire, possess, or use depleted uranium pursuant to the
general license established by paragraph (A) of this rule shall file form HEA
5115, "Use of Depleted Uranium Under General License," with the
director. The form shall be submitted within thirty
days after the first receipt or acquisition of such depleted uranium. The
person shall furnish on form HEA 5115 the following information and such other
information as may be required by that form:
(a) Name and address of the person;
(b) A statement that the person has developed
and will maintain procedures designed to establish physical control over the
depleted uranium described in paragraph (A) of this rule 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
(c) Name and/or title, address, and telephone
number of the individual duly authorized to act for and on behalf of the person
in supervising the procedures identified in paragraph (C)(1)(b) of this
rule.
(2) The person
possessing or using depleted uranium under the general license established by
paragraph (A) of this rule shall report in writing to the
director any changes in information furnished by the
person in the form HEA 5115 "Use of Depleted Uranium Under General License."
The report shall be submitted within thirty days after the effective date of
such change.
(D) A
person who receives, acquires, possesses, or uses depleted uranium pursuant to
the general license established by paragraph (A) of this rule:
(1) 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.
(2) Shall not abandon such depleted
uranium.
(3) Shall transfer or
dispose of such depleted uranium only by transfer in accordance with the
provisions of rule
3701:1-44-22
of the Administrative Code. In the case where the transferee receives the
depleted uranium pursuant to the general license established by paragraph (A)
of this rule, the transferor shall furnish the transferee a copy of this rule
and a copy of form HEA 5115. In the case where the transferee receives the
depleted uranium pursuant to a general license contained in the United States
nuclear regulatory commission regulations or an agreement state's regulation
equivalent to this rule, the transferor shall furnish the transferee a copy of
this rule and a copy of form HEA 5115 accompanied by a note explaining that use
of the product or device is regulated by the United States nuclear regulatory
commission or an agreement state under requirements substantially the same as
those in this rule.
(4) Within
thirty days of any transfer, shall report, in writing to the
director, the name and address of the person receiving
the source material pursuant to such transfer.
(E) Any person receiving, acquiring,
possessing, using, or transferring depleted uranium pursuant to the general
license established by paragraph (A) of this rule is exempt from the
requirements of Chapter 3701:1-38 of the Administrative Code with respect to
the depleted uranium covered by that general license.
Effective: 12/10/2015
Five Year
Review (FYR) Dates: 09/24/2015 and
09/15/2020
Promulgated
Under: 119.03
Statutory
Authority: 3748.04
Rule
Amplifies: 3748.04
Prior
Effective Dates: 2/6/2006
