Current through Register Vol. 24-18, September 15, 2024
(1) A person is exempt from the requirements
for a license and from this chapter and chapters 246-233 and 246-235 WAC to the
extent that the person receives, possesses, uses, transfers, or delivers,
source material in any chemical mixture, compound, solution or alloy in which
the source material is by weight less than 1/20 of one percent (0.05 percent)
of the mixture, compound, solution, or alloy.
(2) A person is exempt from the requirements
for a license and from this chapter and chapters 246-233 and 246-235 WAC to the
extent that the person receives, possesses, uses or transfers unrefined and
unprocessed ore containing source material, provided such person shall not
refine or process such ore unless authorized to do so in a specific
license.
(3) A person is exempt
from the requirements for a license and from this chapter and chapters 246-221,
246-246, 246-222, 246-233, and 246-235 WAC 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 if each lamp contains 50 milligrams or less of
thorium;
(v) Germicidal lamps,
sunlamps and lamps for outdoor or industrial lighting if each lamp contains two
grams or less of thorium;
(vi) Rare
earth metals and compounds, mixtures, and products containing 0.25 percent or
less by weight thorium, uranium, or any combination of these; or
(vii) Personnel neutron dosimeters if each
dosimeter contains 1.85 gigabecquerels (50 milligrams) or less of
thorium.
(b) Source
material contained in the following products:
(i) Glazed ceramic tableware manufactured
before August 27, 2013, if the glaze contains 20 percent or less by weight
source material;
(ii) Piezoelectric
ceramic containing two percent or less by weight source material; and
(iii) Glassware containing not more than two
percent 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.
(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 if the thorium content of the alloy is four percent or less by weight.
The exemption contained in this subparagraph shall not be deemed to authorize
the chemical, physical or metallurgical treatment or processing of any such
product or part;
(e) Thorium or
uranium contained in or on finished optical lenses and mirrors, provided that
each lens or mirror does not contain more than 10 percent by weight of thorium
or uranium or, for lenses manufactured before August 27, 2013, 30 percent by
weight of thorium. The exemption contained in this subparagraph shall not be
deemed to authorize either:
(i) The 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 alteration of the lens or mirror; or
(ii) The receipt, possession, use or transfer
of thorium or uranium contained in contact lenses, or in spectacles, or in
eyepieces in binoculars or other optical instruments.
(f) Uranium contained in detector heads for
use in fire detection units if each detector head contains 185 becquerels
(0.005 microcuries) or less of uranium; or
(g) Thorium contained in any finished
aircraft engine part containing nickelthoria alloy if:
(i) The thorium is dispersed in the
nickelthoria alloy in the form of finely divided thoria (thorium dioxide);
and
(ii) The thorium content in the
nickelthoria alloy is four percent or less by weight.
(4) The exemptions in subsection
(3) of this section do not authorize the manufacture of any of the products
described.
(5) No person may
initially transfer for sale or distribution a product containing source
material to persons exempt under this section, or equivalent regulations of an
agreement state or the NRC, unless authorized by a license issued under
10
C.F.R. 40.52 to initially transfer such
products for sale or distribution.
(a)
Persons initially distributing source material in products covered by the
exemptions in this section before August 27, 2013, without specific
authorization may continue such distribution for one year beyond this date.
Initial distribution may also be continued until NRC takes final action on a
pending application for license or license amendment to specifically authorize
distribution submitted no later than one year beyond this date.
(b) Persons authorized by an agreement state
to manufacture, process, or produce these materials or products containing
source material, and persons who import finished products or parts for sale or
distribution must be authorized by a license issued under
10
C.F.R. 40.52 for distribution only and are
exempt from the requirements of chapters 246-221 and 246-222 WAC, and WAC
246-235-020(1)
and (2).
Statutory Authority:
RCW
70.98.050 and
70.98.080. 09-06-003, §
246-232-006, filed 2/18/09, effective 3/21/09. Statutory Authority:
RCW
70.98.050. 01-02-068, § 246-232-006,
filed 12/29/00, effective 1/29/01.
