The Legalities of Possessing Depleted Uranium in the United States

The possession of depleted uranium (DU) in the United States is a complex and regulated issue. Understanding the legal framework surrounding DU requires a nuanced approach, taking into account federal and state laws, as well as international regulations.

Overview of the Law

Depleted uranium itself is not inherently illegal to possess, but its specific uses and possession quantities are. This article will explore the intricacies of the legal landscape governing DU, focusing on the current regulations and potential legal consequences.

Federal Regulations and the NRC

The primary authority for regulating DU in the US is the Nuclear Regulatory Commission (NRC), which enforces the Code of Federal Regulations (CFR), specifically 10 CFR § 40.22 – Small Quantities of Source Material.

“40.22 allows institutions with commercial educational or research uses not individuals with hobbies to possess DU and other relevant materials.”

However, this regulation is misleading for several reasons. Firstly, it does not apply to individual hobbyists. Secondly, in 38 out of 50 U.S. states, there are Agreement States that enforce stricter regulations, which require special licenses for legal possession of DU.

The Stricter Reality: State and Additional Federal Regulations

Many states have their own regulations that are more restrictive than the NRC's 40.22. For example, in states like New York, Massachusetts, and California, possession of DU requires a license for even small quantities. This can make legal possession of DU prohibitive for hobbyists.

Furthermore, in 2013, the NRC added a new subsection (e) to 10 CFR 40.22, which effectively rendered the relaxation of restrictions under the 2007 regulation almost useless. This subsection now requires a specially-issued federal license to transfer any DU, whether donating or selling it, which was not the original intent of the regulation.

This change was made to address concerns over the initial liberal interpretation of the regulation. While it ostensibly adds more stringent control, individuals and institutions may still face significant legal hurdles.

Consequences of Non-Compliance

Non-compliance with these regulations can result in severe legal and financial penalties. For example, the NRC has issued cease and desist notices for small infractions, and in some cases, individuals have been subject to significant fines or even criminal charges.

Furthermore, upon discovering the use of DU in unauthorized settings, such as in a garage or industrial setting, regulatory agencies might demand extensive remediation, which can cost thousands or even hundreds of thousands of dollars. The use of DU in any activity outside of approved institutions or with unlicensed individuals can have severe consequences.

Exciting Possibilities for the Science Hobbyist

While the legal landscape can be daunting, there are still exciting possibilities for hobbyists in the field of nuclear science. A primary avenue for exploration is the legal sale of natural ore, which can be more radioactive than DU and is entirely legal to own in all 50 states.

However, it is crucial for hobbyists to stay informed and ensure they are fully compliant with all relevant regulations to avoid legal troubles. This includes understanding the specific requirements of their state and, where applicable, obtaining any necessary licenses.

Conclusion

The legalities of possessing depleted uranium in the United States are complex and multifaceted. While depleted uranium itself is not illegal, its possession and use are highly regulated, particularly at the state level. Hobbyists and enthusiasts must be aware of these regulations to avoid legal issues and potential financial penalties.

For those interested in exploring the fascinating world of nuclear science, it is essential to proceed with caution and seek professional guidance to ensure compliance with all relevant laws.