Utah Admin. Code R313-21-21 - General Licenses-Source Material

(1) 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 shall be accounted for as a dispersible form. A person authorized to possess, use, and transfer source material under Subsection R313-21-21(1) may not receive more than a total of seven kg, 15.4 lb, of uranium and thorium in any one calendar year. A person possessing source material over these limits as of October 16, 2017, may continue to possess up to seven kg, 15.4 lb, of uranium and thorium at any one time for one year beyond this date, or until the director takes final action on a pending application submitted on or before October 16, 2017, for a specific license for this material; and receive up to 70 kg, 154 lb, of uranium or thorium in any one calendar year until December 31, 2018, or until the director takes final action on a pending application submitted on or before October 16, 2018, for a specific license for this material; and

(b) No more than a total of seven kg, 15.4 lb, of uranium and thorium at any one time. A person authorized to possess, use, and transfer source material under Subsection R313-21-21(1) 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 Subsection R313-21-21(1) unless it is accounted for under the limits of Subsection R313-21-21(1)(a); or

(c) No more than seven 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 Subsection R313-21-21(1)(a); or

(d) No more than seven kg, 15.4 lb, of uranium and thorium at laboratories to determine 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 Subsection R313-21-21(1) may not receive more than a total of 70 kg, 154 lb, of source material in any one calendar year.

(2) Any person who receives, possesses, uses, or transfers source material pursuant to the general license issued in Subsection R313-21-21(1):

(a) Is prohibited from administering source material, or the radiation therefrom, either externally or internally, to human beings except as may be authorized by the director in a specific license.

(b) May not abandon this source material. Source material may be disposed of as follows:

(i) 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 a person receiving the material for permanent disposal. The recipient of source material transferred under Subsection R313-21-21(2) is exempt from the requirements to get a license under Rule R313-22 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 Rules R313-19, and R313-22; or

(ii) In accordance with Section R313-15-1001.

(c) Is subject to 10 CFR 40.1 through 10 CFR 40.10, 10 CFR 40.41(a) through 10 CFR 40.41(e), 10 CFR 40.46, 10 CFR 40.46, 10 CFR 40.51, 10 CFR 40.56, 10 CFR 40.60 through 10 CFR 40.63, 10 CFR 40.71 and 10 CFR 40.81, which are incorporated by reference in Section R313-24-4, Section R313-12-3, Section R313-19-5, Section R313-19-34, Subsection R313-22-34(2), Section R313-19-41, Section R313-19-50, Section R313-15-1111, Sections R313-12-51 through R313-12-53, Section R313-19-61, and Rule R313-14.

(d) Shall respond to written requests from the director 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 time period, request a longer period to supply the information by providing the director a written justification using the method stated in Section R313-12-110.

(e) May not export the source material except in accordance with 10 CFR Part 110 (2017).

(3) Any person who receives, possesses, uses, or transfers source material in accordance with Subsection R313-21-21(1) shall conduct activities so as to minimize contamination of the facility and the environment. When activities involving the source material are permanently stopped at any site, if evidence of significant contamination is identified, the general licensee shall notify the director using the method stated in Section R313-12-110 about the contamination and may consult with the director 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 Section R313-15-402.

(4) Any person who receives, possesses, uses, or transfers source material in accordance with the general license granted in Subsection R313-21-21(1) is exempt from Rules R313-15 and R313-18 to the extent that the receipt, possession, use, and transfer are within the terms of this general license, except that the person shall comply with Sections R313-15-402 and R313-15-1001 to the extent necessary to comply with Subsections R313-21-21(2)(b) and R313-21-21(3). However, this exemption does not apply to any person who also holds a specific license issued under Rules R313-19 and R313-22.

(5) No person may initially transfer or distribute source material to a person generally licensed under Subsection R313-21-21(1)(a) or R313-21-21(1)(b), or paragraphs (a)(1) or (a)(2) of 10 CFR 40.22 for a non-Agreement State, or equivalent regulations of an Agreement State, unless authorized by a specific license issued in accordance with Section R313-22-54 or 10 CFR 40.54 for a non-Agreement State or equivalent provisions of 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 a person generally licensed by Subsection R313-21-21(1) before October 16, 2017, without specific authorization may continue for one year beyond this date. Distribution may also be continued until the director takes final action on a pending application for license or license amendment to specifically authorize distribution submitted on or before October 16, 2018.

(6) A general license is issued authorizing the receipt of title to source material without regard to quantity. This general license does not authorize a person to receive, possess, deliver, use, or transfer source material.

(7) Depleted uranium in industrial products and devices.

(a) A general license is issued to receive, acquire, possess, use, or transfer, in accordance with Subsections R313-21-21(7)(b), R313-21-21(7)(c), R313-21-21(7)(d), and R313-21-21(7)(e), depleted uranium contained in industrial products or devices to provide a concentrated mass in a small volume of the product or device.

(b) The general license in Subsection R313-21-21(7)(a) applies only to industrial products or devices that have been manufactured or initially transferred, either in accordance with a specific license issued to the manufacturer of the products or devices pursuant to Subsection R313-22-75(11) or in accordance with a specific license issued to the manufacturer by the Nuclear Regulatory Commission, an Agreement State, or a Licensing State that authorizes manufacture of the products or devices for distribution to a person generally licensed by the Nuclear Regulatory Commission, an Agreement State, or a Licensing State.

(c)

(i) A person who receives, acquires, possesses, or uses depleted uranium pursuant to the general license established by Subsection R313-21-21(7)(a) shall file form DWMRC-12 "Registration Form-Use of Depleted Uranium Under General License," with the director. The form shall be submitted within 30 days after the first receipt or acquisition of depleted uranium. The registrant shall furnish on form DWMRC-12 the following information and 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 Subsection R313-21-21(7)(a) and designed to prevent transfer of the depleted uranium in any form, including metal scrap, to a person not authorized to receive the depleted uranium; and

(C) name and title, address, and telephone number of the individual authorized to act for and on behalf of the registrant in supervising the procedures identified in Subsection R313-21-21(7)(c)(i)(B).

(ii) The registrant possessing or using depleted uranium under the general license established by Subsection R313-21-21(7)(a) shall report in writing to the director any changes in information previously furnished on form DWMRC-12 "Registration Form - Use of Depleted Uranium Under General License." The report shall be submitted within 30 days after the effective date of the change.

(d) A person who receives, acquires, possesses, or uses depleted uranium pursuant to the general license established by Subsection R313-21-21(5)(a):

(i) may not introduce 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) may not abandon depleted uranium;

(iii) shall transfer or dispose of depleted uranium only by transfer in accordance with Section R313-19-41. In the case where the transferee receives the depleted uranium pursuant to the general license established by Subsection R313-21-21(7)(a), the transferor shall furnish the transferee a copy of Rule R313-21 and a copy of form DWMRC-12. In the case where the transferee receives the depleted uranium pursuant to a general license contained in the Nuclear Regulatory Commission's or Agreement State's regulation equivalent to Subsection R313-21-21(7)(a), the transferor shall furnish the transferee a copy of this rule and a copy of form DWMRC-12 accompanied by a note explaining that use of the product or device is regulated by the Nuclear Regulatory Commission or Agreement State under requirements substantially equivalent to those in Rule R313-21;

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

(v) may not export depleted uranium except in accordance with a license issued by the Nuclear Regulatory Commission pursuant to 10 CFR Part 110; and

(vi) shall pay annual fees pursuant to Rule R313-70.

(e) Any person receiving, acquiring, possessing, using, or transferring depleted uranium pursuant to the general license established by Subsection R313-21-21(7)(a) is exempt from the requirements of Rules R313-15 and R313-18 with respect to the depleted uranium covered by that general license.

Notes

Utah Admin. Code R313-21-21

Amended by Utah State Bulletin Number 2017-21, effective 10/13/2017 Amended by Utah State Bulletin Number 2024-03, effective 1/16/2024