6 Colo. Code Regs. § 1007-1-3.5
Current through Register Vol. 47, No. 11, June 10, 2024
Section 6 CCR 1007-1-3.5 - General Licenses - Small Quantities Of Source Material3.5.1 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: 3.5.1.1 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 3.5.1.1 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, 2016, 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, 2017, 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, 2017, or until the Department takes final action on a pending application submitted on or before August 27, 2017, for a specific license for such material; and3.5.1.2 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 3.5.1.2 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 3.5.1.2 unless it is accounted for under the limits of 3.5.1.1; or3.5.1.3 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 3.5.1.3; or3.5.1.4 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 3.5.1.4 may not receive more than a total of 70 kg (154 lb) of source material in any one calendar year.3.5.2 Any person who receives, possesses, uses or transfers source material in accordance with the general license in 3.5.1:3.5.2.1 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, NRC, or an Agreement State in a specific license.3.5.2.2 Shall not abandon such source material. Source material may be disposed of as follows: (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) In accordance with 4.33.3.5.2.3 Is subject to the provisions in 3.1, 3.14.2, 3.15.1 through 3.15.3, 3.15.2.1, 3.15.4.2, through 3.15.4.4, 3.22, 3.23, 4.40, 4.50, 4.52, and 10.5.1.3.5.2.4 Shall respond to written requests from the Department to provide information relating to the general licensee 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 same time period, request a longer period to supply the information by providing the Department a written justification for the request;3.5.2.5 Shall not export such source material except in accordance with a license issued by NRC pursuant to 10 CFR Part 110.3.5.3 Any person who receives, possesses, uses, or transfers source material in accordance with 3.5.1 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 4.61.2.3.5.4 Any person who receives, possesses, uses, or transfers source material in accordance with the general license granted in 3.5.1 is exempt from the provisions of Parts 4 and 10 to the extent that such receipt, possession, use, and transfer are within the terms of such general license, except that such person shall comply with the provisions of 4.61.2 and 4.33 to the extent necessary to meet the provisions of 3.5.2.2 and 3.5.3. However, this exemption does not apply to any person who also holds a specific license issued under Part 3.3.5.5 No person may initially transfer or distribute source material to persons generally licensed under 3.5.1.1 or 3.5.1.2, or equivalent regulations of an Agreement State or NRC, unless authorized by a specific license issued in accordance with 3.22.6 or equivalent provisions of an Agreement State or NRC. 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 under 3.5.1 before August 27, 2016, without specific authorization may continue for 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, 2017.3.5.6 A general license is hereby issued authorizing the receipt of title to source material without regard to quantity. 3.5.6.1 This general license does not authorize any person to receive, possess, use, or transfer source material.3.5.7 A general license is hereby issued authorizing the possession of source material involved in mining operations provided such operations meet the regulatory requirements of the Division of Reclamation, Mining and Safety, Colorado Department of Natural Resources, or any successor thereto, and, except as authorized in a specific license, such mining operations shall not refine or process such ore.3.5.8 Depleted Uranium in Industrial Products and Devices. 3.5.8.1 A general license is hereby issued to receive, acquire, possess, use, or transfer, in accordance with the provisions of 3.5.8.2, 3.5.8.3, and 3.5.8.4, 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.3.5.8.2 The general license in 3.5.8.1 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 3.12.13 or in accordance with a specific license issued to the manufacturer by the NRC or an Agreement State which authorizes manufacture of the products or devices for distribution to persons generally licensed by the NRC or an Agreement State. (1) Persons who receive, acquire, possess, or use depleted uranium pursuant to the general license established by 3.5.8.1 shall file Department Form R-52, "Registration Certificate - Use of Depleted Uranium Under General License", with the Department. (a) The form shall be submitted within 30 days after the first receipt or acquisition of such depleted uranium.(b) The general licensee shall furnish on Department Form R-52 the following information and such other information as may be required by that form:(i) Name and address of the general licensee;(ii) A statement that the general licensee has developed and will maintain procedures designed to establish physical control over the depleted uranium described in 3.5.8.1 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(iii) Name and title, address, and telephone number of the individual duly authorized to act for and on behalf of the general licensee in supervising the procedures identified in 3.5.8.2(1)(b)(ii).(2) The general licensee possessing or using depleted uranium under the general license established by 3.5.8.1 shall report in writing to the Department any changes in information previously furnished using Department Form R-52, "Registration Certificate - Use of Depleted Uranium Under General License". The report shall be submitted within 30 days after the effective date of such change.3.5.8.3 A person who receives, acquires, possesses, or uses depleted uranium pursuant to the general license established by 3.5.8.1: (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 3.22. (a) In the case where the transferee receives the depleted uranium pursuant to the general license established by 3.5.8.1, the transferor shall furnish the transferee a copy of this regulation and a copy of Department Form R-52.(b) In the case where the transferee receives the depleted uranium pursuant to a general license contained in NRC's or Agreement State's regulation equivalent to 3.5.8.1, the transferor shall furnish the transferee a copy of this regulation and a copy of Department Form R-52 accompanied by a note explaining that use of the product or device is regulated by NRC or Agreement State under requirements substantially the same as those in this regulation;(4) Within 30 days of any transfer, shall report in writing to the Department the name and address of the person receiving the depleted uranium pursuant to such transfer, and(5) Shall not export such depleted uranium except in accordance with a license issued by NRC pursuant to 10 CFR Part 110.3.5.8.4 Any person receiving, acquiring, possessing, using, or transferring depleted uranium pursuant to the general license established by 3.5.8.1 is exempt from the requirements of Parts 4 and 10 with respect to the depleted uranium covered by that general license.Colorado Register, Vol 37, No. 14. July 25, 2014, effective 8/14/201438 CR 02, January 25, 2015, effective 2/14/201538 CR 05, March 10, 2015, effective 3/30/201538 CR 12, June 25, 2015, effective 7/15/201538 CR 14, July 25, 2015, effective 8/14/201539 CR 02, January 25, 2016, effective 2/14/201639 CR 16, August 25, 2016, effective 9/14/201639 CR 22, November 25, 2016, effective 12/15/201640 CR 11, June 10, 2017, effective 6/30/201740 CR 20, October 25, 2017, effective 11/14/201742 CR 24, December 25, 2019, effective 1/14/202043 CR 14, July 25, 2020, effective 8/14/202043 CR 18, September 25, 2020, effective 10/15/202044 CR 11, June 10, 2021, effective 7/15/202144 CR 14, July 25, 2021, effective 8/14/202145 CR 22, November 25, 2022, effective 12/15/202246 CR 21, November 10, 2023, effective 12/15/2023