Ariz. Admin. Code § 9-7-305

Current through Register Vol. 30, No. 45, November 8, 2024

Section R9-7-305 - General Licenses - Source Material

A. 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.

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 subsection may not receive more than a total of 7 kg (15.4 lb) of uranium and thorium in any one calendar year.

2. As applicable:

a. 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 subsection 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 subsection unless it is accounted for under the limits of subsection (A)(1);

b. 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 subsection; or

c. 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 subsection may not receive more than a total of 70 kg (154 lb) of source material in any one calendar year.

B. Any person who receives, possesses, uses, or transfers source material in accordance with a general license granted under subsection (A):

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

2. Shall not abandon such source material, but source material may be disposed of 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 subsection is exempt from the requirements to obtain a license under Article 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

b. In accordance with R9-7-434.

3. Is subject to the provisions in 10 CFR 40.56 and R9-7-101, R9-7-101.01, R9-7-102, R9-7-107, R9-7-308, R9-7-313(A) through (E), R9-7-313(I), R9-7-318, R9-7-405, R9-7-443, R9-7-444, R9-7-445, and R9-7-1213 through R9-7-1220; and

4. Shall not export such source material except in accordance with 10 CFR 110.

C. Any person who receives, possesses, uses, or transfers source material in accordance with subsection (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 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 R9-7-452.

D. Any person who receives, possesses, uses, or transfers source material in accordance with a general license granted under subsection (A) is exempt from the provisions of Article 4 and Article 10 of this Chapter, provided the receipt, possession, use, or transfer is within the terms of the general license, except that such person shall comply with the provisions of R9-7-434 and R9-7-452. This exemption does not apply to any person who is also in possession of source material under a specific license issued under this Article.

E. No person may initially transfer or distribute source material to persons generally licensed under subsection (A)(1) or (2), or equivalent regulations of the NRC or another Agreement State, unless authorized by a specific license issued in accordance with R9-7-318 or equivalent provisions of the NRC or another Agreement State. This prohibition does not apply to analytical laboratories returning processed samples to the client who initially provided the sample.

F. This subsection grants a general license that authorizes a person to receive acquire, possess, use, or transfer, in accordance with subsections (G) through (J), depleted uranium contained in industrial products and devices provided

The depleted uranium is contained in the industrial product or device for the purpose of providing a concentrated mass in a small volume of the product or device.

G. The general license in subsection (F) applies only to industrial products or devices have been manufactured or initially transferred in accordance with a specific license governed by R9-7-311(J), or in accordance with a specific license issued by the NRC or another Agreement State that authorizes manufacture of the products or devices for distribution to persons generally licensed by the NRC or an Agreement State.

H. Persons who receive, acquire, possess, or use depleted uranium pursuant to the general license established by subsection (F) shall file an ARRA 23 "Registration Certificate -- Use of Depleted Uranium Under General License" with the Department. The person shall provide the information requested on the certificate and listed in Exhibit E. The person shall submit the information within 30 days after first receipt or acquisition of the depleted uranium, returning the completed registration certificate to the Department. The person shall report in writing to the Department any change in information originally submitted to the Department on ARRA 23. The person shall submit the change report within 30 days after the effective date of the described change.

I. A person who receives, acquires, possesses, or uses depleted uranium according to the general license provided under subsection (F) shall:

1. 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;

2. Not abandon the depleted uranium;

3. Transfer the depleted uranium as prescribed in R9-7-318. If the transferee receives the depleted uranium under a general license established by subsection (F), the transferor shall furnish the transferee with a copy of this subsection and a copy of the registration certificate. If the transferee receives the depleted uranium under a general license governed by a regulation of the NRC or another Agreement State that is equivalent to subsection (F), the transferor shall furnish the transferee a copy of the equivalent rule and a copy of the registration certificate, accompanied by a letter explaining that use of the product or device is regulated by the NRC or an Agreement State under requirements substantially similar to those in this Section; and

4. Within 30 days of any transfer, report in writing to the Department the name and address of the person receiving the depleted uranium.

J. A person who receives, acquires, possesses, uses, or transfers depleted uranium in accordance with a general license granted under subsection (F) is exempt from the requirements in Articles 4 and 10 of this Chapter with respect to the depleted uranium covered by that general license.

Ariz. Admin. Code § R9-7-305

New Section R9-7-305 recodified from R12-1-305, at A.A.R. 813, effective March 22, 2018 (Supp. 18-1). Amended by final expedited rulemaking at 24 A.A.R. 2151, effective July 12, 2018 (Supp. 18-3). Amended by final expedited rulemaking at 26 A.A.R. 1067, effective 5/6/2020. Amended by final expedited rulemaking at 30 A.A.R. 2681, effective 8/7/2024.