Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 5 - RADIOLOGICAL HEALTH › Rule 3 - Licensing of Radioactive Material › Section 3-6 - General licenses for source materials

Current through July 10, 2024
Authority: IC 16-41-35-26; IC 16-41-35-29
Affected: IC 16-41-35
Sec. 6.
(a) 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 not more than 15 pounds (6.82 kg) of source material at any
				one time for research, development, educational, commercial, or operational
				purposes. A person authorized to use or transfer source material, pursuant to
				this general license, may not receive more than a total of 150 pounds (68.2 kg)
				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 410 IAC
				5-3-6(a) are exempt from the provisions of 410 IAC 5-4 and 410 IAC 5-10 of 410
				IAC 5 to the extent that such receipt, possession, use or transfer is within
				the terms of such general license; provided, however, that 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 410 IAC 5-3-6.
(c) 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.
(d)
				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 410 IAC 5-3-6(d)(2), (3), (4) and (5) 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.
(2) The general license in 410 IAC
				5-3-6(d)(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
				410
				IAC 5-3-13(m)  or 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)
(i)
				Persons who receive, acquire, possess, or use depleted uranium pursuant to the
				general license established by 410 IAC 5-3-6(d)(1) shall file board form "W"
				"Registration Certificate-Use of Depleted Uranium Under General License," with
				the board. The form shall be submitted within 30 days after the first receipt
				or acquisition of such depleted uranium. The registrant shall furnish on board
				form "W" the following information and such other information as may be
				required by that form:
(A) Name and address
				of the registrant;
(B) A statement
				that the registrant has developed and will maintain procedures designed to
				establish physical control over the depleted uranium described in 410 IAC
				5-3-6(d)(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
(C) Name and/or title,
				address, and telephone number of the individual duly authorized to act for and
				on behalf of the registrant in supervising the procedures identified in 410 IAC
				5-3-6(d)(3)(i)(B).
(ii)
				The registrant possessing or using depleted uranium under the general license
				established by 410 IAC 5-3-6(d)(1) shall report in writing to the board any
				changes in information furnished by him in board form W "Registration
				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 410 IAC 5-3-6(d)(1):
(i) 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;
(ii) Shall not abandon such depleted
				uranium;
(iii) Shall transfer or
				dispose of such depleted uranium only by transfer in accordance with the
				provisions of
				410 IAC
				5-3-22. In the case where the transferee receives the
				depleted uranium pursuant to the general license established by 410 IAC
				5-3-6(d)(1), the transferor shall furnish the transferee a copy of 410 IAC 5
				and a copy of board form "W",
				410
				IAC 5-3-32. In the case where the transferee receives
				the depleted uranium pursuant to a general license contained in the U.S.
				Nuclear Regulatory Commission or agreement state's rule equivalent to 410 IAC
				5-3-6(d)(1), the transferor shall furnish the transferee a copy of 410 IAC 5
				and a copy of board form "W" 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 410 IAC
				5;
(iv) Within 30 days of any
				transfer, shall report in writing to the board the name and address of the
				person receiving the depleted uranium pursuant to such transfer; and
(v) Shall not export such depleted uranium
				except in accordance with a license issued by the U.S. Nuclear Regulatory
				Commission pursuant to 10 CFR Part 110.
(5) Any person receiving, acquiring,
				possessing, using, or transferring depleted uranium pursuant to the general
				license established by 410 IAC 5-3-6(d)(1) is exempt from the requirements of
				410 IAC 5-4 and 410 IAC 5-10 with respect to the depleted uranium covered by
				that general license.