This section addresses source material exemptions.
003.01
ANY CHEMICAL MIXTURE,
COMPOUND, SOLUTION, OR ALLOY IN WHICH THE SOURCE MATERIAL IS BY WEIGHT LESS
THAN 1/20 OF 1% ( 0.05 %) OF THE MIXTURE, COMPOUND, SOLUTION, OR ALLOY.
Any person is exempt from 180 NAC 3 to the extent that the
person receives, possesses, uses, owns, or transfers source material in any
chemical mixture, compound, solution, or alloy in which the source material is
by weight less than 1/20 of 1% ( 0.05 %) of the mixture, compound, solution, or
alloy.
003.02
UNREFINED AND UNPROCESSED ORE CONTAINING SOURCE
MATERIAL. Any person is exempt from 180 NAC 3 to the extent that
such person receives, possesses, uses, or transfers unrefined and unprocessed
ore containing source material; provided that, except as authorized in a
specific license, the person must not refine or process such ore.
003.03
THORIUM, URANIUM, AND
SOURCE MATERIAL CONTAINED IN GLASSWARE AND CERAMICS. Any person is
exempt from the requirements of the 180 NAC 3 and 4, and 10 to the extent that
the person receives, possesses, uses, or transfers:
(A) Any quantities of thorium contained in:
(i) Incandescent gas mantles;
(ii) Vacuum tubes;
(iii) Welding rods;
(iv) Electric lamps for illuminating purposes
provided that each lamp does not contain more than 50 milligrams of
thorium;
(v) Germicidal lamps,
sunlamps, and lamps for outdoor or industrial lighting provided that each lamp
does not contain more than 2 grams of thorium;
(vi) Rare earth metals and compounds,
mixtures, and products containing not than 0.25% by weight thorium, uranium, or
any combination of these; or
(vii)
Personnel neutron dosimeters, provided that each dosimeter does not contain
more than 50 milligrams of thorium;
(B) Source material contained in the
following products:
(i) Glazed ceramic
tableware manufactured before August, 27, 2013, provided that the glaze
contains not more than 20% by weight source material;
(ii) Glassware, containing not more than 2%
by weight source material or for glassware manufactured before August 27, 2013,
10 percent by weight source material; but not including commercially
manufactured glass brick, pane glass, ceramic tile or other glass, or ceramic
used in construction;
(iii) Glass
enamel or glass enamel frit containing not more than 10% by weight source
material imported or ordered for importation into the United States, or
initially distributed by manufacturers in the United States, before July 25,
1983. On July 25, 1983, the exemption of glass enamel or glass enamel frit was
suspended. The exemption was eliminated on September 11, 1984; or
(iv) Piezoelectric ceramic containing not
more than 2% by weight source material;
(C) Photographic film, negatives, and prints
containing uranium or thorium;
(D)
Any finished product or part fabricated of, or containing, tungsten-thorium or
magnesium-thorium alloys, provided that the thorium content of the alloy does
not exceed 4% by weight and that the exemption contained in this subpart does
not authorize the chemical, physical, or metallurgical treatment or processing
of any such product or part;
(E)
Uranium contained in counterweights installed in aircraft, rockets,
projectiles, and missiles, or stored or handled in connection with installation
or removal of such counterweights, provided that:
(i) Each counterweight has been impressed
with the following legend clearly legible through any plating or other
covering: "DEPLETED URANIUM". The requirements specified in 180 NAC
3-003.03(E)(ii) and (E)(iii) need not be met by counter weights manufactured
prior to December 31, 1969; provided, that such counter weights were
manufactured under a specific license issued by the Atomic Energy Commission
and were impressed with the legend, required by CFR 40.13(c)(5)(ii) in effect
on June 30, 1969;
(ii) Each
counterweight is durably and legibly labeled or marked with the identification
of the manufacturer and the statement: "UNAUTHORIZED ALTERATIONS PROHIBITED",
and
(iii) The exemption contained
in this division does not authorize the chemical, physical, or metallurgical
treatment or processing of any such counterweights other than repair or
restoration of any plating or other covering;
(F) Natural or depleted uranium metal used as
shielding constituting part of any shipping container, provided that:
(i) The shipping container is conspicuously
and legibly impressed with the legend "CAUTION - RADIOACTIVE SHIELDING -
URANIUM", and
(ii) The uranium
metal is encased in mild steel or equally fire resistant metal of minimum wall
thickness of one-eighth inch ( 3.2mm);
(G) Thorium or uranium contained in or on
finished optical lenses and mirrors, provided that each lens or mirror does not
contain more than 10% by weight of thorium or uranium or, for lenses
manufactured before August 27, 2013, 30% by weight of thorium; and that the
exemption contained 180 NAC 3-003.03(G) does not authorize either:
(i) Shaping, grinding, or polishing of such
lens or mirror or manufacturing processes other than the assembly of such lens
or mirror into optical systems and devices without any alteration of the lens
or mirror, or
(ii) Receipt,
possession, use, or transfer of uranium or thorium contained in contact lenses,
or in spectacles, or in eyepieces in binoculars or other optical
instruments;
(H) Thorium
contained in any finished aircraft engine part containing nickel-thoria alloy,
provided that:
(i) the thorium is dispersed
in the nickel-thoria alloy in the form of finely divided thoria, thorium
dioxide, and
(ii) the thorium
content in the nickel-thoria alloy does not exceed 4% by weight; and
(I) No person may initially
transfer for sale or distribution a product containing source material to
persons exempt under this 180 NAC 3-003.03, or equivalent regulations of an
U.S. Nuclear Regulatory Commission (NRC) or Agreement State, unless authorized
by a license issued under
10
CFR 40.52 to initially transfer such products
for sale or distribution.
(i) Persons
initially distributing source material in products covered by the exemptions in
180 NAC 3-003.03 before the effective date of these regulations, without
specific authorization may continue such distribution for 1 year beyond this
date. Initial distribution may also be continued until the U.S. Nuclear
Regulatory Commission (NRC) takes final action on a pending application for
license or license amendment to specifically authorize distribution submitted
no later than 1 year beyond this date;
(ii) Persons authorized to manufacture,
process, or produce these materials or products containing source material by
the U.S. Nuclear Regulatory Commission (NRC) or an Agreement State, and persons
who import finished products or parts, for sale or distribution must be
authorized by a license issued under 180 NAC
10
CFR 40.52 for distribution only and are
exempt from the requirements of 180 NAC 4 and 10, and 180 NAC
3-011(A) and
(B).
003.04
MANUFACTURE OF PRODUCTS.
The exemptions in 180 NAC 3-003.03 do not authorize the
manufacture of any of the products described.
003.05
TRANSPORT AND STORAGE
EXEMPTIONS. Common and contract carriers, freight forwarders,
warehouse personnel, and the U.S. Postal Service are exempt from the
regulations in 180 NAC 3, 7, and 24 to the extent that they transport or store
radioactive material in the regular course of carriage for another or storage
incident previously mentioned.
