Current through Register Vol. 48, No. 9, September 27, 2024
2.3.1 A general license
is hereby issued authorizing commercial and industrial firms; research, educational,
and medical institutions; and Federal, 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:
2.3.1.1 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 this paragraph 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 August 27, 2013, 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 Department takes final action on a pending
application submitted on or before August 27, 2014, 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, 2014, or until the Department takes final action on a
pending application submitted on or before August 27, 2014, for a specific license
for such material; and
2.3.1.2 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 this paragraph 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 paragraph unless it is accounted for under the limits
of RHA 2.3.1.1; or
2.3.1.3 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 this paragraph; or
2.3.1.4 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 this paragraph may
not receive more than a total of 70 kg (154 lb) of source material in any one
calendar year.
2.3.2 Any
person who receives, possesses, uses, or transfers source material in accordance
with the general license in RHA 2.3.1:
2.3.2.1 Is
prohibited from administering source material, or the radiation there from, either
externally or internally, to human beings except as may be authorized by the
Department in a specific license.
2.3.2.2 Shall not abandon such source material.
Source material may be disposed of as follows:
2.3.2.2.1 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
is exempt from the requirements to obtain a license under this part 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
2.3.2.2.2 In accordance
with RHA 3.27.
2.3.2.3 Is
subject to the provisions in Part II of Title A.
2.3.2.4 Shall not export such source material
except in accordance with 10 CFR Part 110.
2.3.3 Any person who receives possesses, uses, or
transfers source material in accordance with RHA 2.3.1 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
Department about such contamination and may consult with the Department 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 RHA 3.57.2.
2.3.4 Any person who receives, possesses, uses, or
transfers source material in accordance with the general license granted in RHA
2.3.1 is exempt from the provisions of Parts III and VI of this Regulation 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 RHA
3.27 and 3.57.2 to the extent necessary to meet the provisions of RHA 2.3.2.2 and
2.3.3. However, this exemption does not apply to any person who also holds a
specific license issued under this Part.
2.3.5 No person may initially transfer or
distribute source material to persons generally licensed under RHA 2.3.1.1 and
2.3.1.2, or equivalent regulations of the NRC or of an Agreement State, unless
authorized by a specific license issued in accordance with
RHA 2.6 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 RHA
2.3.1 of this section before August 27, 2013, without specific authorization may
continue for one (1) year beyond this date. Distribution may also be continued until
the Department takes final action on a pending application for license or license
amendment to specifically authorize distribution submitted on or before August 27,
2014.
2.3.6 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.
2.3.7
Depleted Uranium in Industrial Products and Devices.
2.3.7.1 A general license is hereby issued to
receive, acquire, possess, use, or transfer, in accordance with the provisions of
subparagraphs 2.3.4.2, 2.3.4.3, 2.3.4.4, and 2.3.4.5, 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.
2.3.7.2 The general license in subparagraph
2.3.4.1 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
RHA 2.27 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.
2.3.7.3 Persons who receive, acquire, possess, or
use depleted uranium pursuant to the general license established by subparagraph
2.3.4.1 shall file Department Form 100-2RHA "Registration Certificate Use of
Depleted Uranium Under General License," with the Department. The Form shall be
submitted within 30 days after the first receipt or acquisition of such depleted
uranium. The registrant shall furnish on Department Form 100-2RHA the following
information and such other information as may be required by that form:
2.3.7.3.1 Name and address of the
registrant.
2.3.7.3.2 A statement that
the registrant has developed and will maintain procedures designed to establish
physical control over the depleted uranium described in subparagraph 2.3.4.1 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
2.3.7.3.3 Name and/or title, address, and
telephone number of the individual duly authorized to act for and on behalf of the
registrant in supervising the procedures identified in 2.3.4.3.2.
The registrant possessing or using depleted Uranium under the
general license established by subparagraph 2.3.4.1 shall report, in writing, to the
Department any changes in information furnished by him in Department Form 100-2RHA
"Registration Certificate--Use of Depleted Uranium." The report shall be submitted
within 30 days after the effective date of such change.
2.3.7.4 A person who receives, acquires,
possesses, or uses depleted uranium pursuant to the general license established by
subparagraph 2.3.4.1:
2.3.7.4.1 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.
2.3.7.4.2 Shall not abandon such depleted
uranium.
