Section 330.210  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, commercial or operational purposes in the following forms and quantities:

1)         No more than 1.5 kilograms (3.3 pounds) 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 must be accounted for as a dispersible form. A person authorized to possess, use and transfer source material under this subsection (a) may not receive more than a total of 7 kilograms (15.4 pounds) of uranium and thorium in any one calendar year. Persons possessing source material in excess of these limits as of August 27, 2016, may continue to possess up to 7 kilograms (15.4 pounds) of uranium and thorium at any one time for one year beyond this date, or until the Agency takes final action on a pending application submitted on or before August 27, 2017, for a specific license for that material and may receive up to 70 kilograms (154 pounds) of uranium or thorium in any one calendar year until December 31, 2017, or until the Agency takes final action on a pending application submitted on or before August 27, 2017, for a specific license for that material; and

2)         No more than:

A)        a total of 7 kilograms (15.4 pounds) of uranium and thorium at any one time. A person authorized to possess, use and transfer source material under this subsection (a)(2)(A) may not receive more than a total of 70 kilograms (154 pounds) 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 subsection (a)(2)(A) unless it is accounted for under the limits of subsection (a)(1); or

B)        7 kilograms (15.4 pounds) of uranium, removed during the treatment of drinking water, at any one time. A person may not remove more than 70 kilograms (154 pounds) of uranium from drinking water during a calendar year under this subsection (a)(2)(B); or

C)        7 kilograms (15.4 pounds) 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 subsection (a)(2)(C) may not receive more than a total of 70 kilograms  (154 pounds) 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 the Agency 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 kilograms (1.1 pounds) of source material in a solid, nondispersible form may be transferred each calendar year, by a person authorized to receive, possess, use and transfer source material under the general license to persons receiving the material for permanent disposal. The recipient of source material transferred under the provisions of this subsection (b)(2)(A) is exempt from the requirement 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 Subchapter b; or

B)        In accordance with 32 Ill. Adm. Code 340.1010;

3)         Is subject to the provisions in 32 Ill. Adm. Code 310, 330.310(a) through (c), 330.400, 330.500 and 340.1220(a) through (d);

4)         Shall respond to written requests from the Agency to provide information relating to the general license within 30 calendar days after 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 Agency a written justification for the request; and

5)         Shall not export such source material except in accordance with 10 CFR 110.

c)         Any person who receives, possesses, uses or transfers source material in accordance with subsection (a) shall conduct activities to minimize contamination of the facility and the environment. When activities involving the source material are permanently ceased at any site, if evidence of significant contamination is identified, the general licensee shall notify the Agency about such contamination and may consult with the Agency 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 Section 330.325(b)(1)(B)(ii).

d)         Any person who receives, possesses, uses or transfers source material in accordance with the general license granted in subsection (a) is exempt from the provisions of 32 Ill. Adm. Code 340 and 400 to the extent that such receipt, possession, use and transfer are within the terms of this general license, except that person shall comply with the provisions of Section 330.325(b)(1)(B)(ii) and 32 Ill. Adm. Code 340.1010 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 Subchapter b.

e)         No person may initially transfer or distribute source material to persons generally licensed under subsection (a)(1) or (2) unless authorized by a specific license issued in accordance with Section 330.280(o).   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) before August 27, 2016, without specific authorization, may continue for one year beyond that date. Distribution may also be continued until the Agency takes final action on a pending application for license or license amendment to specifically authorize distribution submitted on or before August 27, 2017.

f)         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.

g)         Depleted Uranium in Industrial Products and Devices

1)         A general license is hereby issued to receive, acquire, possess, use or transfer, in accordance with this subsection (g), 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 subsection (g)(1) 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 Section 330.280(l) or in accordance with a specific license issued to the manufacturer by NRC or an Agreement State that authorizes manufacture of the products or devices for distribution to persons generally licensed by NRC or an Agreement State.

3)         Persons who receive, acquire, possess or use depleted uranium pursuant to the general license established by subsection (g)(1) shall:

A)        File the form "Registration Certificate − Use of Depleted Uranium Under General License," with the Agency.  The form shall be submitted within 30 days after the first receipt or acquisition of depleted uranium.  The registrant shall furnish the following information on the form:  

i)          Name and address of the registrant;

ii)         A statement that the registrant has developed and will maintain procedures designed to establish physical control over the depleted uranium described in subsection (g)(1) and designed to prevent transfer of the 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 registrant in supervising the procedures identified in subsection (g)(3)(A)(ii).

B)        Report in writing to the Agency any changes in information furnished by the registrant in the form.  The report shall be submitted within 30 days after the effective date of the change.

4)         A person who receives, acquires, possesses or uses depleted uranium pursuant to the general license established by subsection (g)(1):

A)        Shall not introduce the 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 the depleted uranium;

C)        Shall transfer or dispose of the depleted uranium only in accordance with Section 330.400.  When the transferee receives the depleted uranium pursuant to the general license established by subsection (g)(1), the transferor shall furnish the transferee a copy of this Part and a copy of the form, "Registration Certificate – Use of Depleted Uranium Under General License".  When the transferee receives the depleted uranium pursuant to a general license contained in NRC's regulation 10 CFR 40.25(a) or Agreement State's regulation equivalent to subsection (g)(1), the transferor shall furnish the transferee a copy of this Part and a copy of the form,  accompanied by a note explaining that use of the product or device is regulated by NRC or an Agreement State under requirements substantially the same as those in this Part;

D)        Within 30 days after any transfer, shall report in writing to the Agency the name and address of the person receiving the depleted uranium through that transfer; and

E)        Shall not export the depleted uranium except in accordance with a license issued by NRC pursuant to 10 CFR 110.

5)         Any person receiving, acquiring, possessing, using or transferring depleted uranium pursuant to the general license established by subsection (g)(1) is exempt from the requirements of 32 Ill. Adm. Code 340 and 400 with respect to the depleted uranium covered by that general license.

(Source:  Amended at 40 Ill. Reg. 12971, effective August 25, 2016)