410 IAC 5-3-6 - General licenses for source materials

Authority: IC 16-41-35-26; IC 16-41-35-29

Affected: IC 16-41-35

Sec. 6.

(a) A general license is hereby issued authorizing commercial and industrial firms, research, educational and medical institutions, and state and local government agencies to use and transfer not more than 15 pounds (6.82 kg) of source material at any one time for research, development, educational, commercial, or operational purposes. A person authorized to use or transfer source material, pursuant to this general license, may not receive more than a total of 150 pounds (68.2 kg) 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 410 IAC 5-3-6(a) are exempt from the provisions of 410 IAC 5-4 and 410 IAC 5-10 of 410 IAC 5 to the extent that such receipt, possession, use or transfer is within the terms of such general license; provided, however, that this exemption shall not be deemed to apply to any such person who is also in possession of source material under a specific license issued pursuant to 410 IAC 5-3-6.

(c) 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.

(d) 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 410 IAC 5-3-6(d)(2), (3), (4) and (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 410 IAC 5-3-6(d)(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 410 IAC 5-3-13(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)

(i) Persons who receive, acquire, possess, or use depleted uranium pursuant to the general license established by 410 IAC 5-3-6(d)(1) shall file board form "W" "Registration Certificate-Use of Depleted Uranium Under General License," with the board. The form shall be submitted within 30 days after the first receipt or acquisition of such depleted uranium. The registrant shall furnish on board form "W" the following information and such other information as may be required by that form:

(A) Name and address of the registrant;

(B) A statement that the registrant has developed and will maintain procedures designed to establish physical control over the depleted uranium described in 410 IAC 5-3-6(d)(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

(C) 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 410 IAC 5-3-6(d)(3)(i)(B).

(ii) The registrant possessing or using depleted uranium under the general license established by 410 IAC 5-3-6(d)(1) shall report in writing to the board any changes in information furnished by him in board form W "Registration 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 410 IAC 5-3-6(d)(1):

(i) 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;

(ii) Shall not abandon such depleted uranium;

(iii) Shall transfer or dispose of such depleted uranium only by transfer in accordance with the provisions of 410 IAC 5-3-22. In the case where the transferee receives the depleted uranium pursuant to the general license established by 410 IAC 5-3-6(d)(1), the transferor shall furnish the transferee a copy of 410 IAC 5 and a copy of board form "W", 410 IAC 5-3-32. In the case where the transferee receives the depleted uranium pursuant to a general license contained in the U.S. Nuclear Regulatory Commission or agreement state's rule equivalent to 410 IAC 5-3-6(d)(1), the transferor shall furnish the transferee a copy of 410 IAC 5 and a copy of board form "W" 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 410 IAC 5;

(iv) Within 30 days of any transfer, shall report in writing to the board the name and address of the person receiving the depleted uranium pursuant to such transfer; and

(v) 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 410 IAC 5-3-6(d)(1) is exempt from the requirements of 410 IAC 5-4 and 410 IAC 5-10 with respect to the depleted uranium covered by that general license.

Notes

410 IAC 5-3-6

Indiana State Department of Health; Rule HRH-2,PT C,Sec C.21; filed May 26, 1978, 3:30 pm: 1 IR 140; filed Feb 29, 1984, 10:10 am: 7 IR 846; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA Readopted filed 11/13/2019, 3:14 p.m.: 20191211-IR-410190391RFA