410 IAC 5-3-4 - Exemption of materials other than source materials
Authority: IC 16-41-35-26; IC 16-41-35-29
Affected: IC 16-41-35
Sec. 4.
(a) Exempt
Concentrations
(1) Except as provided in 410
IAC 5-3-4(a)(2), any person is exempt from this part to the extent that such
person receives, possesses, uses, transfers, owns or acquires products
containing radioactive material introduced in concentrations not in excess of
those listed in Schedule A,
410 IAC
5-3-26.
(2) 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 410 IAC 5-3-4(a)(1) or equivalent
regulations of the U.S. Nuclear Regulatory Commission, any agreement state or
licensing state, except in accordance with a specific license issued pursuant
to
410
IAC 5-3-13(a) or the general license
provided in
410 IAC
5-3-24.
(b) Exempt Quantities
(1) Except as provided in 410 IAC 5-3-4(b)(3)
and (4), any person is exempt from 410 IAC 5 to the extent that such person
receives, possesses, uses, transfers, owns or acquires radioactive material in
individual quantities each of which does not exceed the applicable quantity set
forth in Schedule B,
410 IAC
5-3-27.
(2)410 IAC 5-3-4(b) does not authorize the
production, packaging or repackaging of radioactive material for purposes of
commercial distribution or the incorporation of radioactive material into
products intended for commercial distribution.
(3) No person may, for purposes of commercial
distribution, transfer radioactive material in the individual quantities set
forth in Schedule B,
410 IAC
5-3-27, knowing or having reason to believe that such
quantities of radioactive material will be transferred to persons exempt under
410 IAC 5-3-4(b) or equivalent regulations of the U.S. Nuclear Regulatory
Commission, any agreement state or licensing state, except in accordance with a
specific license issued by the U.S. Nuclear Regulatory Commission pursuant to
Section 32.18 of 10 CFR Part 32 or by the board pursuant to
410
IAC 5-3-13(b) which license states
that the radioactive material may be transferred by the licensee to persons
exempt under 410 IAC 5-3-4(b) or the equivalent regulations of the U.S. Nuclear
Regulatory Commission, an agreement state or licensing
state.2/
(c) Exempt Items
(1) Certain items containing radioactive
material. Except for persons who apply radioactive material to, or persons who
incorporate radioactive material into the following products, any person is
exempt from 410 IAC 5 to the extent that he receives, possesses, uses,
transfers, owns or acquires the following
products:2/
(i)
Timepieces or hands or dials containing not more than the following specified
quantities of byproduct material and not exceeding the following specified
radiation dose rate:
(A) 25 millicuries of
tritium per timepiece,
(B) 5
millicuries of tritium per hand,
(C) 15 millicuries of tritium per dial
(bezels when used shall be considered as part of the dial),
(D) 100 microcuries of promethium-147 per
watch or 200 microcuries of promethium-147 per any other timepiece,
(E) 20 microcuries of promethium-147 per
watch hand or 40 microcuries of promethium-147 per other timepiece
hand,
(F) 60 microcuries of
promethium-147 per watch dial or 120 microcuries of promethium-147 per other
timepiece dial (bezels when used shall be considered as part of the
dial),
(G) The radiation dose rate
from hands and dials containing promethium-147 will not exceed, when measured
through 50 milligrams per square centimeter of absorber:
(aa) For wrist watches, 0.1 millirad per hour
at 10 centimeters from any surface,
(bb) For pocket watches, 0.1 millirad per
hour at 1 centimeter from any surface,
(cc) For any other timepiece, 0.2 millirad
per hour at 10 centimeters from any surface.
(H) One microcurie of radium-226 per
timepiece in timepieces acquired prior to the effective date of 410 IAC 5.
(ii) Lock illuminators
containing not more than 15 millicuries of tritium or not more than 2
millicuries of promethium-147 installed in automobile locks. The radiation dose
rate from each lock illuminator containing promethium-147 will not exceed 1
millirad per hour at 1 centimeter from any surface when measured through 50
milligrams per square centimeter of absorber;
(iii) Precision balances containing not more
than 1 millicurie of tritium per balance or not more than 0.5 millicurie of
tritium per balance part;
(iv)
Automobile shift quadrants containing not more than 25 millicuries of tritium;
(v) Marine compasses containing
not more than 750 millicuries of tritium gas and other marine navigational
instruments containing not more than 250 millicuries of tritium gas;
(vi) Thermostat dials and pointers containing
not more than 25 millicuries of tritium per thermostat;
(vii) Electron tubes; provided, that each
tube does not contain more than one of the following specified quantities of
radioactive material:
(A) 150 millicuries of
tritium per microwave receiver protector tube or 10 millicuries of tritium per
any other electron tube;
(B) 1
microcurie of cobalt-60;
(C) 5
microcuries of nickel-63;
(D) 30
microcuries of krypton-85;
(E) 5
microcuries of cesium-137;
(F) 30
microcuries of promethium-147;
And provided further, that the radiation dose rate from each electron tube containing radioactive material will not exceed 1 millirad per hour at 1 centimeter from any surface when measured through 7 milligrams per square centimeter of absorber;3/
(viii) Ionizing radiation
measuring instruments containing, for purposes of internal calibration or
standardization, one or more sources of radioactive material, provided that:
(A) Each source contains no more than one
exempt quantity set forth in Schedule B,
410 IAC
5-3-27, and
(B) Each instrument contains no more than 10
exempt quantities. For purposes of this requirement, an instrument's source(s)
may contain either one or different types of radionuclides and an individual
exempt quantity may be composed of fractional parts of one or more of the
exempt quantities in Schedule B,
410 IAC
5-3-27, provided that the sum of such fractions shall
not exceed unity.
(ix)
Spark gap irradiators containing not more than 1 microcurie of cobalt-60 per
spark gap irradiator for use in electrically ignited fuel oil burners having a
firing rate of at least 3 gallons (11.4 liters) per hour.
(2) Self-Luminous Products Containing
Radioactive Material.
(i) Tritium, Krypton-85
or Promethium-147. Except for persons who manufacture, process or produce
self-luminous products containing tritium, krypton-85 or promethium-147, any
person is exempt from 410 IAC 5 to the extent that such person receives,
possesses, uses, transfers, owns or acquires tritium, krypton-85 or
promethium-147 in self-luminous products manufactured, processed, produced,
imported or transferred in accordance with a specific license issued by the
U.S. Nuclear Regulatory Commission pursuant to Section 32.22 of 10 CFR Part 32,
which license authorizes the transfer of the product to persons who are exempt
from regulatory requirements. The exemption in 410 IAC 5-3-4(c)(2) does not
apply to tritium, krypton-85 or promethium-147 used in products for frivolous
purposes or in toys or adornments.
(3) Gas and aerosol detectors containing
radioactive material.
(i) Except for persons
who manufacture, process or produce gas and aerosol detectors containing
radioactive material, any person is exempt from 410 IAC 5 to the extent that
such person receives, possesses, uses, transfers, owns or acquires radioactive
material in gas and aerosol detectors designed to protect life or property from
fires and airborne hazards provided that detectors containing radioactive
material shall have been manufactured, imported or transferred in accordance
with a specific license issued by the U.S. Nuclear Regulatory
Commission2/ pursuant to Section 32.26 of 10 CFR
Part 32; or a licensing state pursuant to
410
IAC 5-3-13(c) which authorizes the
transfer of the detectors to persons who are exempt from regulatory
requirements.
(ii) Gas and aerosol
detectors previously manufactured and distributed to general licensees in
accordance with a specific license issued by an agreement state shall be
considered exempt under 410 IAC 5-3-4(c)(3)(i), provided that the device is
labeled in accordance with the specific license authorizing distribution of the
general licensed device, and provided further that they meet the requirements
of
410
IAC 5-3-13(c).
(iii) Gas and aerosol detectors containing
NARM previously manufactured and distributed in accordance with a specific
license issued by a licensing state shall be considered exempt under 410 IAC
5-3-4(c)(3)(i), provided that the device is labeled in accordance with the
specific license authorizing distribution, and provided further that they meet
the requirements of
410
IAC 5-3-13(c).
(4) Resins containing scandium-46 and
designed for sand consolidation in oil wells. Any person is exempt from 410 IAC
5 to the extent that such person receives, possesses, uses, transfers, owns or
acquires synthetic plastic resins containing scandium-46 which are designed for
sand consolidation in oil wells. Such resins shall have been manufactured or
imported in accordance with a specific license issued by the U.S. Nuclear
Regulatory Commission, or shall have been manufactured in accordance with the
specifications contained in a specific license issued by the board or any
agreement state to the manufacturer of such resins pursuant to licensing
requirements equivalent to those in Sections 32.16 and 32.17 of 10 CFR Part 32
of the regulations of the Nuclear Regulatory Commission. This exemption does
not authorize the manufacture of any resins containing scandium-46.
2/ Authority to transfer possession or control by the manufacturer, processor or producer of any equipment, device, commodity or other product containing byproduct material whose subsequent possession, use, transfer and disposal by all other persons are exempted from regulatory requirements may be obtained only from the U.S. Nuclear Regulatory Commission, Washington, D.C. 20555.
3/ For purposes of 410 IAC 5-3-4(c)(1)(vii) "electron tubes" include spark gap tubes, power tubes, gas tubes including glow lamps, receiving tubes, microwave tubes, indicator tubes, pick-up tubes, radiation detection tubes and any other completely sealed tube that is designed to conduct or control electrical currents.
Notes
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