Section He-P 4031.03 - General Licenses - Source Material(a) A general license shall be issued authorizing commercial and industrial firms, research, educational, and medical institutions, and 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, which shall include gaseous, liquid, and powder forms, at any one time, and under the following conditions:a. 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;b. A person authorized to possess, use, and transfer source material under He-P 4032.03(a) shall not receive more than a total of 7 kg (15.4 lb) of uranium and thorium in any one calendar year;c. Persons possessing source material in excess of these limits in b. above may: (i) Continue to possess up to 7 kg (15.4 lb) of uranium and thorium at any one time for one year until the DHHS/RHS takes final action on a pending application submitted on or before August 27, 2014, for a specific license for such material; and(ii) Continue to receive up to 70 kg (154 lb) of uranium or thorium in any one calendar year until December 31, 2014, or until the DHHS/RHS takes final action on a pending application submitted on or before August 27, 2014, for a specific license for such material;(2) No more than a total of 7 kg (15.4 lb) of uranium and thorium at any one time, and under the following conditions: a. A person authorized to possess, use, and transfer source material under this paragraph shall not receive more than a total of 70 kg (154 lb) of uranium and thorium in any one calendar year; andb. A person shall not alter the chemical or physical form of the source material possessed under He-P 4032.03(a) unless it is accounted for under the limits of He-P 4032.03(a) (1) ;(3) No more than 7 kg (15.4 lb) of uranium, removed during the treatment of drinking water, at any one time. In addition, a person shall not remove more than 70 kg (154 lb) of uranium from drinking water during a calendar year under He-P 4032.03(a) ; 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. In addition, a person authorized to possess, use, and transfer source material under He-P 4032.03(a) shall not receive more than a total of 70 kg (154 lb) of source material in any one calendar year.(b) Persons who receive, possess, use, or transfer source material pursuant to the general license issued in He-P 4031.03(a) : (1) Shall be prohibited from administering source material, or the radiation therefrom, either externally or internally, to human beings except as may be authorized by the DHHS/RHS in a specific license;(2) Shall not abandon such source material;(3) Shall dispose of such source material 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 shall be exempt from the requirements to obtain a license under this part to the extent the source material is permanently disposed. This provision shall not apply to any person who is in possession of source material under a specific license issued under He-P 4032 or He-P 4033; orb. In accordance with He-P 4023.01;(4) Shall be subjected to the provisions in He-P 4001.03, He-P 4001.05, He-P 4001.07, He-P 4001.08, He-P 4003.01, He-P 4024, He-P 4030.15 through He-P 4030.17, and He-P 4031.03;(5) Shall respond to written requests from the DHHS/RHS to provide information relating to the general license 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 DHHS/RHS, a written justification for the request; and(6) Shall not export such source material except in accordance with 10 CFR Part 110.(c) Any person who receives, possesses, uses, or transfers source material in accordance with He-P 4031.03(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 DHHS/RHS about such contamination and may consult with the DHHS/RHS 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 He-P 4024.09.(d) Any person who receives, possesses, uses, or transfers source material in accordance with the general license granted in He-P4031.03(a) shall be exempt from the provisions of He-P 4019, He-P 4020, and He-P 4021 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 He-P 4023.01 and He-P 4024.09 to the extent necessary to meet the provisions of He-P 4031.03(b) (2) and (c) . However, this exemption shall not apply to any person who also holds a specific license issued under He-P 4032 or He-P 4033.(e) A general license shall be issued to receive, acquire, possess, use, or transfer depleted uranium provided that: (1) The depleted uranium is contained in industrial products or devices for the purpose of providing a concentrated mass in a small volume of the product or device in accordance with the provisions of He-P 4031.03(e) (2), (3) , and (4) ;(2) The depleted uranium authorized in He-P 4031.03(e) (1) is contained only in industrial products or devices which have been manufactured in accordance with a specific license issued to the manufacturer by the U.S. Nuclear Regulatory Commission or an Agreement State which 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) A person who receives, acquires, possesses, or uses depleted uranium pursuant to the general license established by He-P 4031.03(e) (1) : a. Shall not introduce such depleted uranium, in any form, into a chemical, physical, or metallurgical treatment or process, except when a treatment or process is for repair or restoration of the plating or covering of the depleted uranium;b. Shall not abandon such depleted uranium;c. Shall transfer or dispose of depleted uranium only by transfer in accordance with the provisions of He-P 4030.15;d. Shall furnish the transferee a copy of this rule when depleted uranium is transferred in accordance with He-P 4031.03(e) (3) c;e. Shall furnish the transferee a copy of He-P 4031 accompanied by a note explaining that use of the product or device is regulated by the U.S. Nuclear Regulatory Commission or an Agreement State 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 an Agreement State's regulation equivalent to He-P 4031.03(e) (1) ;f. Shall report within 30 days of any transfer, a report in writing to the DHHS/RHS the name and address of the person receiving the depleted uranium pursuant to such transfer; andg. Shall not export depleted uranium except in accordance with a license issued by the U.S. Nuclear Regulatory Commission pursuant to 10 CFR 110; and(4) Any person receiving, acquiring, possessing, using, or transferring depleted uranium pursuant to the general license established by He-P 4031.03(e) shall be exempt from the requirements of He P 4019 through He-P 4023 with respect to the provisions of He-P 4031.(f) No person shall initially transfer or distribute source material to persons generally licensed under He-P 4031.03(a) (1) or (a) (2), equivalent regulations of an Agreement State, or Nuclear Regulatory Commission, unless authorized by a specific license issued in accordance with He-P 4032.03(a) (1) and (a) (2), equivalent provisions of an Agreement Statement, or Nuclear Regulatory Commission 10 CFR 40.54. This prohibition shall 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 He-P 4031.03(a) before August 27, 2013 without specific authorization, shall continue for 1 year beyond August 27, 2013. Distribution shall also be continued until DHHS/RHS or the Nuclear Regulatory Commission takes final action on pending application for license or license amendments to specifically authorized distribution submitted on or before August 27, 2014.N.H. Admin. Code § He-P 4031.03
(See Revision Note at part heading for He-P 4031) #6942, eff 2-1-99; ss by #8481, eff 11-5-05 (from He-P 4031.01 )
Amended byVolume XXXIV Number 24, Filed June 12, 2014, Proposed by #10604, Effective 5/23/2014, Expires 5/23/2024.Amended by Volume XXXVI Number 45, Filed November 10, 2016, Proposed by #11199, Effective 10/12/2016, Expires 4/12/2017.