Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
General license.
A general license is hereby issued to any person to acquire,
receive, possess, use, or transfer, according to the provisions of subparts 2
to 4, radium-226 contained in the following products manufactured prior to
November 30, 2007.
A. Antiquities
originally intended for use by the general public. For the purposes of this
item, "antiquities" means products originally intended for use by the general
public and distributed in the late 19th and early 20th centuries, such as
radium emanator jars, revigators, radium water jars, radon generators,
refrigerator cards, radium bath salts, and healing pads.
B. Intact timepieces containing greater than
one microcurie (0.037 MBq), nonintact timepieces, and timepiece hands and dials
no longer installed in timepieces.
C. Luminous items installed in air, marine,
or land vehicles.
D. All other
luminous products, provided that no more than 100 items are used or stored at
the same location at any one time.
E. Small radium sources containing no more
than one microcurie (0.037 MBq) of radium-226. For the purposes of this item,
"small radium sources" means discrete survey instrument check sources, sources
contained in radiation measuring instruments, sources used in educational
demonstrations, such as cloud chambers and spinthariscopes, electron tubes,
lightning rods, ionization sources, static eliminators, or as designated by the
NRC.
Subp. 2.
Exempt provisions.
Persons who acquire, receive, possess, use, or transfer by
product material under the general license issued in subpart 1 are exempt from
the provisions of parts 4731.1000 to 4731.2950, 4731.3110 and 4731.3115, and
Code of Federal Regulations, title 10, part 21, to the extent
that the receipt, possession, use, or transfer of by product material is within
the terms of the general license; provided, that this exemption is not deemed
to apply to any person specifically licensed under this chapter.
Subp. 3.
General
requirements.
Any person who acquires, receives, possesses, uses, or
transfers byproduct material according to the general license in subpart
1:
A. must notify the commissioner if
there is any indication that damage to the product may result in a loss of the
radioactive material. A report containing a brief description of the event, and
the remedial action taken, must be furnished within 30 days to the Radioactive
Materials Unit, Minnesota Department of Health, 625 Robert Street N., P.O. Box
64975, St. Paul, MN 55164-0975;
B.
must not abandon products containing radium-226. The product, and any
radioactive material from the product, may only be disposed of according to
part 4731.2460 or by transfer to a person authorized by a specific license to
receive the radium-226 in the product or as otherwise approved by the
NRC;
C. must not export products
containing radium-226 except according to Code of Federal Regulations, title
10, part 110;
D. must dispose of
products containing radium-226:
(1) at a
disposal facility authorized to dispose of radioactive material according to
any federal or state solid or hazardous waste law, including the Solid Waste
Disposal Act, as authorized under the Energy Policy Act of 2005;
(2) by transfer to a person authorized to
receive radium-226 under a specific license issued by the NRC or an agreement
state; or
(3) as otherwise approved
by the commissioner; and
E. must respond to written requests from the
commissioner 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 general licensee cannot provide the requested information
within the allotted time, the licensee must, within that same time period,
request a longer period to supply the information by providing the commissioner
a written justification for the request.
Subp. 4.
Limitation.
The general license in subpart 1 does not authorize the
manufacture, assembly, disassembly, repair, or import of products containing
radium-226, except that timepieces may be disassembled and repaired.