Or. Admin. Code § 333-102-0101
Current through Register Vol. 63, No. 10, October 1, 2024
Section 333-102-0101 - General Licenses - Small Quantities of Source Material(1) 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 uranium and thorium, in their natural isotopic concentrations and in the form of depleted uranium, for research, development, educational, commercial, or operations purposes in the following forms and quantities: (a) No more than 1.5 kg (3.3 lb) of uranium and thorium in dispersible forms such as 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 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 Authority 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 Authority takes final action on a pending application submitted on or before August 27, 2014, for a specific license for such material; and (b) 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 section 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 section unless it is accounted for under the limits of subsection (1)(a) of this rule; or (c) 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 section; or (d) 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 section 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 in accordance with the general license in section (1) of this rule: (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 Authority in a specific license. (b) Shall not abandon such source material. 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 paragraph is exempt from the requirements to obtain a license under this rule 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 OAR 333-120-0500, Waste Disposal - General Requirements. (c) Is subject to the provisions in OAR 333-100-0005, 333-100-0015, 333-100-0035, 333-100-0045, 333-100-0055, 333-100-0060, 333-100-0065, 333-100-0080, 333-102-0001, 333-102-0075, 333-102-0203, 333-102-0305, 333-102-0330, 333-102-0335, 333-102-0350, and 333-102-0355. (d) Shall not export such source materials except in accordance with 10 CFR Part 110 . (3) Any person who receives, possesses, uses, or transfers source material in accordance with section (1) of this rule 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 Authority about such contamination and may consult with the Authority 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 10 CFR Parts 20.1402. (4) Any person who receives, possesses, uses, or transfers source material in accordance with the general license granted in section (1) of this rule is exempt from the provisions of division 111 and 120 of this chapter and 10 CFR Part 21 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 CFR 10 Parts 20.1402 and 20.2001 to the extent necessary to meet the provisions of subsection (2)(b) and section (3) of this rule. However, this exemption does not apply to any person who also holds a specific license issued under this division. (5) No person may initially transfer or distribute source material to persons generally licensed under subsection (1)(a) or section (2) of this rule, or equivalent regulations of the NRC or an Agreement State, unless authorized by a specific license issued in accordance with OAR 333-102-0102 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 section (1) of this rule before August 27, 2013 without specific authorization may continue for one year beyond this date. Distribution may also be continued until the Authority takes final action on a pending application for license or license amendment to specifically authorize distribution submitted on or before August 27, 2014. (6) A general license is hereby granted 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. (7) Persons who receive, acquire, possess or use source material pursuant to the general license granted by section (1) of this rule must develop and maintain procedures to establish physical control over the source material and prevent transfer of such source material to persons not authorized to receive the source material. (8) A person who receives, acquires, possesses or uses source material pursuant to the general license granted by section (1) of this rule: (a) Must not introduce such source material, in any form, into a chemical, physical, or metallurgical treatment or process; (b) Must not abandon such source material; and (c) Must transfer or dispose of such source material only by transfer in accordance with the provisions of OAR 333-102-0330 or 333-120-0500. Or. Admin. Code § 333-102-0101
HD 4-1985, f. & ef. 3-20-85; HD 10-1987, f. & ef. 7-28-87; HD 1-1991, f. & cert. ef. 1-8-91; HD 15-1994, f. & cert. ef. 5-6-94; PH 3-2003, f. & cert. ef. 3-27-03; PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05; PH 36-2004, f. & cert. ef. 12-1-04; PH 12-2006, f. & cert. ef. 6-16-06; PH 4-2007, f. & cert. ef. 3-1-07; PH 19-2015, f. 9-30-15, cert. ef. 10/1/2015; PH 4-2017, f. 1-26-17, cert. ef. 2/1/2017Stat. Auth.: ORS 453.635, 453.665
Stats. Implemented: ORS 453.605 - 453.807