(1)
(a)
Except as provided in (b) below, any person is exempt from this subchapter to
the extent that such person receives, possesses, uses, transfers, or acquires
products or materials containing radioactive material in concentrations not in
excess of those listed in Schedule A of this subchapter, with the exception of
radium 226 for which the exempt concentration is 5 x
10-6 mCi/ml (u Ci/gm).
(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 (a) above or equivalent regulations
of the US nuclear regulatory commission, any agreement state or licensing
state, except in accordance with a specific license issued pursuant to ARM
37.14.542(1) or
the general license provided in ARM
37.14.551.
(2)
(a)
Except as provided in (c) and (d) below, any person is exempt from this chapter
to the extent that such person receives, possesses, uses, transfers or acquires
radioactive material in individual quantities each of which does not exceed the
applicable quantity set forth in Schedule B of this subchapter.
(b) ARM
37.14.506(2)
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.
(c) No person may,
for purposes of commercial distribution, transfer radioactive material in the
individual quantities set forth in Schedule B of this subchapter, knowing or
having reason to believe that such quantities of radioactive material will be
transferred to persons exempt under (2) of this rule or equivalent regulations
of the US nuclear regulatory commission, any agreement state or licensing
state, except in accordance with a specific license issued by the US nuclear
regulatory commission pursuant to 10 CFR Part
32, section 32.18 or by the
department pursuant to ARM
37.14.542(2)
which license states that the radioactive material may be transferred by the
licensee to persons exempt under (2) or the equivalent regulations of the US
nuclear regulatory commission, any agreement state or licensing
state.
(3) Except for
persons who apply radioactive material to, or persons who incorporate
radioactive material into the following products, any person is exempt from
this subchapter to the extent that he receives, possesses, uses, transfers, or
acquires the following products: (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 US Nuclear Regulatory
Commission, Washington, DC 20555.)
(a)
Timepieces or hands or dials containing not more than the following specified
quantities of radioactive material and not exceeding the following specified
levels of radiation:
(i) 25 millicuries of
tritium per timepiece.
(ii) 5
millicuries of tritium per hand.
(iii) 15 millicuries of tritium per dial
(bezels when used shall be considered as part of the dial).
(iv) 100 microcuries of promethium-147 per
watch or 200 microcuries of promethium-147 per any other timepiece.
(v) 20 microcuries of promethium-147 per
watch hand or 40 microcuries of promethium-147 per other timepiece
hand.
(vi) 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).
(vii) The levels of
radiation from hands and dials containing promethium-147 will not exceed, when
measured through 50 milligrams per square centimeter of absorber:
(A) For wrist watches, 0.1 millirad per hour
at 10 centimeters from any surface.
(B) For pocket watches, 0.1 millirad per hour
at 1 centimeter from any surface.
(C) For any other timepiece, 0.2 millirad per
hour at 10 centimeters from any surface.
(viii) One microcurie of radium-226 per
timepiece in timepieces acquired prior to the effective date of this
chapter.
(b) Lock
illuminators containing not more than 15 millicuries of tritium or not more
than 2 millicuries of promethium-147 installed in automobile locks. The levels
of radiation 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.
(c) Precision balances containing not more
than 1 millicurie of tritium per balance or not more than 0.5 millicurie of
tritium per balance part.
(d)
Automobile shift quadrants containing not more than 25 millicuries of
tritium.
(e) 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.
(f) Thermostat dials and
pointers containing not more than 25 millicuries of tritium per
thermostat.
(g) Electron tubes;
provided, that each tube does not contain more than 1 of the following
specified quantities of byproduct material:
(i) 150 millicuries of tritium per microwave
receiver protector tube or 10 millicuries of tritium per any other electron
tube.
(ii) 1 microcurie of
cobalt-60.
(iii) 5 microcuries of
nickel-63.
(iv) 30 microcuries of
krypton-85.
(v) 5 microcuries of
cesium-137.
(vi) 30 microcuries of
promethium-147.
And provided further, that the levels of radiation from each
electron tube containing byproduct material do not exceed 1 millirad per hour
at 1 centimeter from any surface when measured through 7 milligrams per square
centimeter of absorber. For purposes of (g), "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.
(h)
Ionizing radiation measuring instruments containing, for purposes of internal
calibration or standardization, a source of radioactive material not exceeding
the applicable quantity set forth in Schedule B of this subchapter.
(i) 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.
(4)
(a) Except for persons who manufacture,
process, or produce self-luminous products containing tritium, krypton-85, or
promethium-147, any person is exempt from this chapter to the extent that such
person receives, possesses, uses, transfers, 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 US
nuclear regulatory commission pursuant to 10 CFR Part
32, section 32.22, which
license authorizes the transfer of the product to persons who are exempt from
regulatory requirements. The exemption in (a) does not apply to tritium,
krypton-85, or promethium-147 used in products for frivolous purposes or in
toys or adornments.
(b) Any person
is exempt from this chapter to the extent that such person receives, possesses,
uses, or transfers articles containing less than 0.1 microcurie of radium-226
which were acquired prior to the effective date of this chapter.
(5)
(a) Except for persons who manufacture,
process, or produce gas and aerosol detectors containing radioactive material,
any person is exempt from this chapter to the extent that such person receives,
possesses, uses, transfers, or acquires radioactive material in gas and aerosol
detectors designed to protect life or property from fire 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 US nuclear regulatory commission pursuant to 10 CFR Part
32,
section 32.26; or a licensing state pursuant to ARM
37.14.542(3)
which authorizes the transfer of the detectors to persons who are exempt from
regulatory requirements. 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 US Nuclear Regulatory Commission,
Washington, DC 20555.
(b) 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 (a) above, provided that the device is labeled in
accordance with the specific license authorizing distribution of the generally
licensed device, and provided further that they meet the requirements of ARM
37.14.542(3).
(c) 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 (a) above,
provided that the device is labeled in accordance with the specific license
authorizing distribution, and provided further that they meet the requirements
of ARM
37.14.542(3).
(6) Any person is exempt from this
chapter to the extent that such person receives, possesses, uses, transfers, 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 US nuclear
regulatory commission, or shall have been manufactured in accordance with the
specifications contained in a specific license issued by the department or any
agreement state to the manufacturer of such resins pursuant to licensing
requirements equivalent to those in 10 CFR Part
32, sections 32.16 and 32.17,
of the regulations of the US nuclear regulatory commission. This exemption does
not authorize the manufacture of any resins containing scandium-46.
Notes
Mont. Admin. R. 37.14.506
NEW, 1980 MAR p. 1069,
Eff. 3/28/80; AMD, 1980 MAR p. 2926, Eff. 11/15/80; TRANS, from DHES, 1996 MAR
p. 433; TRANS, from DEQ, 2000 MAR p. 189.
Sec.
75-3-202,
MCA; IMP, Sec.
75-3-104 and
75-3-202,
MCA;