3701:1-44-16 Special requirements for issuance of specific licenses.

(A) An application for a specific license to manufacture industrial products and devices containing depleted uranium, or to initially transfer such products or devices, for use pursuant to rule 3701:1-44-13 of the Administrative Code or equivalent regulations of the United States nuclear regulatory commission or an agreement state, will be approved if:

(1) The applicant satisfies the general requirements specified in rule 3701:1-44-15 of the Administrative Code;

(2) The applicant submits sufficient information relating to the design, manufacture, prototype testing, quality control procedures, labeling or marking, proposed uses, and potential hazards of the industrial product or device to provide reasonable assurance that possession, use, or transfer of the depleted uranium in the product or device is not likely to cause any individual to receive in one year a radiation dose in excess of ten per cent of the annual limits specified in rule 3701:1-38-12 of the Administrative Code; and

(3) The applicant submits sufficient information regarding the industrial product or device and the presence of depleted uranium for a mass-volume application in the product or device to provide reasonable assurance that unique benefits will accrue to the public because of the usefulness of the product or device.

(B) In the case of an industrial product or device whose unique benefits are questionable, the director will approve an application for a specific license under this paragraph only if the product or device is found to combine a high degree of utility and low probability of uncontrolled disposal and dispersal of significant quantities of depleted uranium into the environment.

(C) The director may deny an applicant for a specific license under this paragraph if the end uses of the industrial product or device cannot be reasonably foreseen.

Effective: 12/10/2015
Five Year Review (FYR) Dates: 09/24/2015 and 09/15/2020
Promulgated Under: 119.03
Statutory Authority: 3748, 04
Rule Amplifies: 3748.04
Prior Effective Dates: 2/6/2006