La. Admin. Code tit. 33 § XV-321

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-321 - 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, operational, or commercial 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 shall 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 department 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 department takes final action on a pending application submitted on or before August 27, 2014, for a specific license for such material; and

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 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 Paragraph A. 1 of this Section; or

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 this Paragraph; or

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 this Paragraph 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 the general license issued in Subsection A of this Section is exempt from the provisions of Chapters 4 and 10 of these regulations 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 LAC 33:XV.332.D.l.e.m and LAC 33:XV.460 to the extent necessary to meet the provisions of Paragraph C.2 and Subsection F of this Section. However, this exemption does not apply to any person who also holds a specific license issued under this Chapter.

C. Any person who receives, possesses, uses, or transfers source material in accordance with the general license in Subsection A of this Section:

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. 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, nondispersible form nay 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 Subparagraph 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

b. in accordance with LAC 33:XV.460;

3. is subject to the provisions in Chapter 3; and

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

D. A general license is hereby issued 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.

E. Depleted Uranium in Industrial Products and Devices

1. A general license is hereby issued to receive, acquire, possess, use, or transfer, in accordance with the provisions of LAC 33:XV.321.E.2, 3, 4, and 5, depleted uranium contained in industrial products or devices for the purpose of providing a concentrated mass in a small volums of the product or device.

2. The general license in LAC 33:XV.321.E.l applies only to industrial products or devices that have been manufactured either in accordance with a specific license issued to the manufacturer of the products or devices pursuant to LAC 33:XV.328.M or in accordance with a specific license issued to the manufacturer by the U.S. Nuclear Regulatory Commission or an agreement state that authorizes manufacture of the products or devices for distribution to persons generally licensed by the U.S. Nuclear Regulatory Commission or an agreement state.

3. Depleted Uranium

a. Persons who receive, acquire, possess, or use depleted uranium pursuant to the general license established by Paragraph E.l of this Section shall file Form DRC-21, "General License Certificate-Use of Depleted Uranium Under General License," with the Office of Environmental Compliance. Form DRC-21 will be furnished by the Office of Environmental Compliance upon written request. The form shall be submitted within 30 days after the first receipt or acquisition of such depleted uranium. The general licensee shall furnish on Form DRC-21 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 LAC 33:XV.321.E. 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/or 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 LAC 33:XV.321.E.3.a.n.

b. The licensee possessing or using depleted uranium under the general license established by Paragraph E.l of this Section shall report in writing to the Office of Environmental Compliance any changes in information furnished by him in Form DRC-21, "General License Certificate-Use of Depleted Uranium Under General License." The report shall be submitted within 30 days after the effective date of such change.

4. A person who receives, acquires, possesses, or uses depleted uranium pursuant to the general license established by LAC 33:XV.321.E.l:

a. 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;

b. shall not abandon such depleted uranium;

c. shall transfer or dispose of such depleted uranium only by transfer in accordance with the provisions of LAC 33:XV.340. In the case where the transferee receives the depleted uranium pursuant to the general license established by LAC 33:XV.321.E.l, the transferor shall furnish the transferee a copy of this regulation and a copy of Form DRC-21. In the case where the transferee receives the depleted uranium pursuant to a general license contained in the U.S. Nuclear Regulatory Commission's or agreement state's regulation equivalent to LAC 33:XV.321.E.l, the transferor shall furnish the transferee a copy of this regulation and a copy of FORM DRC-21 accompanied by a note explaining that use of the product or device is regulated by the U.S. Nuclear Regulatory Commission or agreement state under requirements substantially the same as those in this regulation;

d. within 30 days of any transfer, shall report in writing to the Office of Environmental Compliance the name and address of the person receiving the depleted uranium pursuant to such transfer; and

e. shall not export such depleted uranium except in accordance with a license issued by the U.S. Nuclear Regulatory Commission pursuant to 10 CFR 110.

5. Any person receiving, acquiring, possessing, using, or transferring depleted uranium pursuant to the general license established by LAC 33:XV.321.E. 1 is exempt from the requirements of Chapters 4 and 10 of these regulations with respect to the depleted uranium covered by that general license.

F. Any person who receives, possesses, uses, or transfers source material in accordance with Subsection A of this Section 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 Office of Environmental Compliance by telephone at (225) 765-0160 as soon as possible 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 LAC 33:XV.332.D.l.e.iii.

G. No person may initially transfer or distribute source material to persons generally licensed under Paragraphs A. 1 or 2 of this Section, or equivalent regulations of an agreement state, unless authorized by a specific license issued in accordance with Subsection H of this Section 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 persons generally licensed by Subsection A of this Section before August 27, 2013, without specific authorization may continue for one 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, 2014.

H. Requirements for License to Initially Transfer Source Material for Use Under the Small Quantities of Source Material General License

1. An application for a specific license to initially transfer source material for use under this Section, or equivalent regulations of an agreement state, will be approved if the applicant satisfies the general requirements specified in LAC 33:XV.325.A and the applicant submits adequate information on, and the department approves the methods to be used for quality control, labeling, and providing safety instructions to recipients.

I. Conditions of Licenses to Initially Transfer Source Material for Use under the Small Quantities of Source Material General License: Quality Control, Labeling, Safety Instructions, and Records and Reports

1. Each person licensed under Subsection H of this Section shall label the immediate container of each quantity of source material with the type of source material, quantity of material, and the words, "radioactive material."

2. Each person licensed under Subsection H of this Section shall ensure that the quantities and concentrations of source material are as labeled and indicated in any transfer records.

3. Each person licensed under Subsection H of this Section shall provide the information specified in this Paragraph to each person to whom source material is transferred for use under this Section. This information shall be transferred before the source material is transferred for the first time in each calendar year to the particular recipient. The required information includes:

a. a copy of LAC 33:XV.321 and 340; and

b. appropriate radiation safety precautions and instructions relating to handling, use, storage, and disposal of the material.

4. Each person licensed under Subsection H of this Section shall report transfers as follows:

a. file a report with the Office of Environmental Compliance. The report shall include the following information:

i. the name, address, and license number of the person who transferred the source material;

ii. for each general licensee under this Section to whom greater than 50 grams (0.11 lb) of source material has been transferred in a single calendar quarter:

(a). the name and address of the general licensee to whom source material is distributed;

(b). a responsible agent, by name and/or position and phone number, of the general licensee to whom the material was sent; and

(c). the type, physical form, and quantity of source material transferred; and

iii. the total quantity of each type and physical form of source material transferred in the reporting period to all such generally licensed recipients;

b. file a report with each responsible agreement state agency that identifies all persons, operating under provisions equivalent to this Section, to whom greater than 50 grams (0.11 lb) of source material has been transferred within a single calendar quarter. The report shall include the following information specific to those transfers made to the agreement state being reported to:

i. the name, address, and license number of the person who transferred the source material;

ii. the name and address of the general licensee to whom source material was distributed; a responsible agent, by name and/or position and phone number, of the general licensee to whom the material was sent; and the type, physical form, and quantity of source material transferred; and

iii. the total quantity of each type and physical form of source material transferred in the reporting period to all such generally licensed recipients within the agreement state;

c. submit each report by January 31 of each year covering all transfers for the previous calendar year. If no transfers were made to persons generally licensed under this Section during the current period, a report shall be submitted to the department indicating so. If no transfers have been made to general licensees in a particular agreement state during the reporting period, this information shall be reported to the responsible agreement state agency upon request of the agency.

5. Each person licensed under Subsection H of this Section shall maintain all information that supports the reports required by this Section concerning each transfer to a general licensee for a period of one year after the event is included in a report to the department.

La. Admin. Code tit. 33, § XV-321

Promulgated by the Department of Environmental Quality, Nuclear Energy Division, LR 13:569 (October 1987), amended by the Office of Air Quality and Radiation Protection, Radiation Protection Division, LR 18:34 (January 1992), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2567 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2524 (October 2005), LR 33:2177 (October 2007), amended by the Office of the Secretary, Legal Division, LR 41:2322 (November 2015).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and 2104(B).