Current through Register Vol. 24-18, September 15, 2024
This section shall not be deemed to authorize the import
of radioactive material or products containing radioactive material.
(1) Exempt concentrations.
(a) Except as provided in (b) of this
subsection, 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, owns or acquires, and does not apply
radioactive material to, or incorporate radioactive material into, products or
materials containing radioactive material in concentrations in excess of those
in WAC 246-232-130, Schedule C, exempt
concentrations.
(b) No person may
introduce radioactive material into a product or material knowing, or having
reason to believe, that it will be transferred to persons exempt under this
section or equivalent regulations of the NRC or an agreement state, except in
accordance with a specific license issued by the NRC, Washington, D.C.
20555.
(c) A manufacturer,
processor, or producer of a product or material is exempt from the requirements
for a license and from this chapter and chapters 246-233 and 246-235 WAC to the
extent that this person transfers radioactive material contained in a product
or material in concentrations not in excess of those specified in WAC
246-232-130, Schedule C, and
introduced into the product or material by a licensee holding a specific
license issued by the NRC expressly authorizing such manufacture or
introduction. This exemption does not apply to the transfer of radioactive
material contained in any food, beverage, cosmetic, drug, or other commodity or
product designed for ingestion or inhalation by, or application to, a human
being.
(2) Exempt
quantities.
(a)
(i) Except as provided in (b) through (d) of
this subsection, any 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 such
person receives, possesses, uses, transfers, owns, or acquires, and does not
apply radioactive material to, or incorporate radioactive material into,
radioactive material in individual quantities, each of which does not exceed
the applicable quantity set forth in WAC
246-232-120, Schedule B, exempt
quantities of radioactive materials.
(ii) Any person who possesses radioactive
material received or acquired under the general license is exempt from the
requirements for a license set forth in chapters 246-333, 246-235 WAC, and this
chapter to the extent that such person uses, transfers, or owns such
radioactive material. Such exemption does not apply for Radium-226.
(b) This subsection does not
authorize the production, packaging, repackaging, or transfer of radioactive
material for the purposes of commercial distribution, or the incorporation of
radioactive material into products intended for commercial
distribution.
(c) No person may,
for purposes of commercial distribution, transfer radioactive material in the
individual quantities set forth in WAC
246-232-120, Schedule B, exempt
quantities of radioactive materials, knowing or having reason to believe that
such quantities of radioactive material will be transferred to persons exempt
under this section or equivalent rules of the NRC or an agreement state, except
in accordance with a specific license issued by the NRC, Washington, D.C.
20555.
(d) No person may, for
purposes of producing an increased radiation level, combine quantities of
radioactive material covered by this exemption so that the aggregate quantity
exceeds the limits set forth in WAC
246-232-120, Schedule B, exempt
quantities of radioactive materials, except for radioactive material combined
within a device placed in use before May 3, 1999, or as otherwise permitted by
these rules.
Statutory Authority:
RCW
70.98.050. 01-02-068, § 246-232-010,
filed 12/29/00, effective 1/29/01; 98-13-037, § 246-232-010, filed 6/8/98,
effective 7/9/98. Statutory Authority:
RCW
70.98.050 and
70.98.080. 91-15-112 (Order 184),
§ 246-232-010, filed 7/24/91, effective 8/24/91. Statutory Authority:
RCW
43.70.040. 91-02-049 (Order 121), recodified
as § 246-232-010, filed 12/27/90, effective 1/31/91. Statutory Authority:
RCW
70.98.080. 87-01-031 (Order 2450), §
402-19-190, filed 12/11/86; 83-19-050 (Order 2026), § 402-19-190, filed
9/16/83. Statutory Authority:
RCW
70.98.050. 81-01-011 (Order 1570), §
402-19-190, filed 12/8/80. Statutory Authority:
RCW
70.98.080. 79-12-073 (Order 1459), §
402-19-190, filed 11/30/79, effective 1/1/80. Formerly WAC
402-20-190.
