Tenn. Comp. R. & Regs. 0400-20-10-.09

Current through June 26, 2024

Section 0400-20-10-.09 - GENERAL LICENSES - SOURCE MATERIAL

The term "source material" is defined in paragraph (88) of Rule 0400-20-05-.32.

(1) A general license is hereby issued authorizing commercial and industrial firms; research, educational, and medical institutions; and state, and local government agencies to receive, possess, use, and transfer source materials, 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 source material 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 paragraph may not receive more than a total of seven kg (15.4 lb) of source material in any one calendar year; and

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

(d) No more than seven kg (15.4 lb) of source material at laboratories for the purpose of determining the concentration of source material contained within the material being analyzed at any one time. A person authorized to possess, use, and transfer source material under this paragraph 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 paragraph (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 Division of Radiological Health (Division) in a specific license.

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

1. A cumulative total of 0.5 kilograms (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 Chapter 0400-20-05-.120.

(c) Is subject to the provisions in Chapter 0400-20-10.

(d) Shall not export such source material except in accordance with 10 CFR part 110.

(3) Any person who receives, possesses, uses, or transfers source material in accordance with paragraph (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 Division by an appropriate method listed in Rule 0400-20-04-.07 about such contamination and may consult with the Division 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 paragraph (2) of Rule 0400-20-10-.36.

(4) Persons who receive, possess, use or transfer source material pursuant to the general license issued in accordance with this paragraph are exempt from the provisions of Chapter 0400-20-04 and Chapter 0400-20-05 to the extent that such receipt, possession, use, or transfer is within the terms of such general license, except that such persons shall comply with the provisions under paragraph (2) of Rule 0400-20-10-.36 and Rule 0400-20-05-.120 to the extent necessary to meet the provisions of subparagraph (2)(b) of this rule and paragraph (3) of this rule. However, 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 this chapter.

(5) No person may initially transfer or distribute source material to persons generally licensed under subparagraphs (1)(a) and (b) of this rule, unless authorized by a specific license issued in accordance with this chapter. 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 paragraph (1) of this rule before August 27, 2013, without specific authorization may continue for one year beyond this date.

(6) A general license is hereby issued authorizing the receipt of title to source material without regard to quantity. The general license under this paragraph does not authorize any person to receive, possess, use or transfer source material.

Tenn. Comp. R. & Regs. 0400-20-10-.09

Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed September 1, 2021; effective 11/30/2021.

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.