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§ 30191. General Licenses-Source Material.

17 CA ADC § 30191Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 17. Public Health
Division 1. State Department of Health Services (Refs & Annos)
Chapter 5. Sanitation (Environmental) (Refs & Annos)
Subchapter 4. Radiation
Group 2. Licensing of Radioactive Materials
Article 4. Licenses
17 CCR § 30191
§ 30191. General Licenses-Source Material.
Currentness
(a) A general license is hereby issued to commercial and industrial firms, to research, educational, and medical institutions, and to government agencies, authorizing the receipt, possession, use, and transfer of 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 kilograms (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 a 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 October 1, 2019 may continue to possess up to 7 kg 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 October 1, 2020 for a specific license for such material; and may continue to receive up to 70 kg (154 lb) of uranium or thorium in any one calendar year until December 31, 2020 or until the Department takes final action on a pending application submitted on or before October 1, 2020 for a specific license for such material; and
(2) No more than a total of 7 kg 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 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 (1); or
(3) No more than 7 kg of uranium, removed during the treatment of drinking water, at any one time. A person may not remove more than 70 kg of uranium from drinking water during a calendar year under this paragraph; or
(4) No more than 7 kg 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 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 in subsection (a):
(1) Is prohibited from administering source material, or the radiation therefrom, either externally or internally, to human beings except as may be authorized by a specific license for medical use under section 30195.
(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 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 specific license under this Article to the extent that 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 section 30194; or
(B) In accordance with section 20.2001 in title 10, Code of Federal Regulations, Part 20 (10 CFR 20), incorporated by reference in section 30253.
(3) Is subject to the requirements in sections 30105, 30190(d), 30205, 30210, 30254(a), 30275, 30293, and 30295.
(4) Shall not export such source material except in accordance with an export license issued by Nuclear Regulatory Commission (NRC) pursuant to 10 CFR 110. This requirement may not be construed to incorporate by reference 10 CFR 110.
(c) Any person who receives, possesses, uses, or transfers source material in accordance with the general license in subsection (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 Department about such contamination, shall consult with the Department as to appropriate sampling and restoration activities, and shall, with respect to any contamination or residual source material remaining at the site, comply with paragraphs (1), (2) and (3) of subsection (k) of section 30256.
(d) Any person who receives, possesses, uses, or transfers source material in accordance with the general license in subsection (a) is exempt from the requirements in Articles 1, 2, and 3 of Group 3 of this subchapter to the extent that such receipt, possession, use, transfer, and disposal are within the terms of this general license, except that such person shall comply with the provisions of 10 CFR 20.2001, incorporated by reference in section 30253, and section 30256(k) to the extent necessary to meet the provisions of subsections (b)(2) and (c) of this section. However, this exemption does not apply to any person who also holds a specific license issued under section 30194.
(e) No person may initially transfer or distribute source material to persons generally licensed under this section or equivalent NRC or Agreement State provisions, unless authorized by a specific license issued in accordance with section 30202. 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 under this section before October 1, 2019 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 October 1, 2020.

Credits

Note: Authority cited: Sections 114975, 115000 and 131200, Health and Safety Code. Reference: Sections 114965, 114970, 114985(g), 115000, 115060, 115165, 115230, 115235, 131050, 131051 and 131052, Health and Safety Code.
History
1. New Note filed 8-22-84 (Register 84, No. 34).
2. Amendment filed 7-7-86; effective thirtieth day thereafter (Register 86, No. 28).
3. Change without regulatory effect inserting (a) to first paragraph filed 11-1-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 5).
4. Amendment of subsection (a) and Note filed 9-9-97; operative 10-9-97 (Register 97, No. 37).
5. Amendment of section and Note filed 6-8-2011; operative 7-8-2011 (Register 2011, No. 23).
6. Repealer and new section and amendment of Note filed 8-7-2019; operative 10-1-2019 (Register 2019, No. 32).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 17, § 30191, 17 CA ADC § 30191
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