Section 120.121 - General Licenses - Source Material(A) A general license is hereby 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 (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 105 CMR 120.121(A)(1) may not receive more than a total of 7 kg (15.4 lb) of uranium and thorium in any one calendar year; 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 105 CMR 120.121(A)(2) 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 105 CMR 120.121(A)(2) unless it is accounted for under the limits of 105 CMR 120.121(A)(1); 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 105 CMR 120.121(A)(3); 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 105 CMR 120.121(A)(4) 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 pursuant to the general license issued in 105 CMR 120.121(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 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 105 CMR 120.121(B)(2)(a) is exempt from the requirements to obtain a license under 105 CMR 120.100 to the extent the source material is permanently disposed. 105 CMR 120.121(B)(2)(a) does not apply to any person who is in possession of source material under a specific license issued under 105 CMR 120.100; or(b) In accordance with 105 CMR 120.251.(3) Is subject to the provisions in 105 CMR 120.001 through 120.019, 120.101(A), 120.131(A) through (C), 120.140, 120.142, and 120.150.(4) Shall respond to written requests from the Agency 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 Agency, using an appropriate method listed in 105 CMR 120.013, a written justification for the request;(5) 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 105 CMR 120.121(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 Agency by an appropriate method listed in 105 CMR 120.013 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 105 CMR 120.245.(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 105 CMR 120.121(E)(2) through (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 105 CMR 120.121(E)(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 105 CMR 120.128(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)(a) Persons who receive, acquire, possess, or use depleted uranium pursuant to the general license established by 105 CMR 120.121(E)(1) shall file form MRCP 120.100-1 "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 such depleted uranium. The general licensee shall furnish on form MRCP 120.100-1 the following information and such other information as may be required by that form: 1. name and address of the general licensee;2. a statement that the general licensee has developed and will maintain procedures designed to establish physical control over the depleted uranium described in 105 CMR 120.121(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; and3. name and 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 105 CMR 120.121(E)(3)(a)2.(b) The general licensee possessing or using depleted uranium under the general license established by 105 CMR 120.121(E)(1) shall report in writing to the Agency any changes in information furnished by him in form MRCP 120.100-1 "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 105 CMR 120.121(E)(1): (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 105 CMR 120.140. In the case where the transferee receives the depleted uranium pursuant to the general license established by 105 CMR 120.121(E)(1), the transferor shall furnish the transferee a copy of 105 CMR 120.100 and a copy of form MRCP 120.100-1. 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 105 CMR 120.121(E)(1), the transferor shall furnish the transferee a copy of 105 CMR 120.100 and a copy of form MRCP 120.100-1 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 105 CMR 120.100;(d) within 30 days of any transfer, shall report in writing to the Agency 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 Part 110.(5) Any person receiving, acquiring, possessing, using, or transferring depleted uranium pursuant to the general license established by 105 CMR 120.121(E)(1) is exempt from the requirements of 105 CMR 120.200 and 120.750 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 the general license granted in 105 CMR 120.121(A) is exempt from the provisions of 105 CMR 120.200 and 120.750 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 105 CMR 120.245 and 120.251 to the extent necessary to meet the provisions of 105 CMR 120.121(B)(2) and 120.121(C). However, this exemption does not apply to any person who also holds a specific license issued under 105 CMR 120.100.(G) No person may initially transfer or distribute source material to persons generally licensed under 105 CMR 120.121(A)(1) or (2), or equivalent regulations of the NRC or an Agreement State, unless authorized by a specific license issued in accordance with 105 CMR 120.128(B) or equivalent provisions of the NRC or an Agreement State. This prohibition does not apply to analytical laboratories returning processed samples to the client who initially provided the sample.Amended by Mass Register Issue 1307, eff. 2/26/2016.Amended by Mass Register Issue 1373, eff. 9/7/2018.