Ohio Admin. Code 3701:1-40-11 - Exempt quantities
(A) Except as provided in paragraphs (C) to
(E) of this rule, any person is exempt from requirements set forth in this
chapter and from the rules in Chapters 3701:1-46, 3701:1-48, 3701:1-49, and
3701:1-52 of the Administrative Code, 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 the appendix to this rule.
(B) Any person who possesses radioactive
material received or acquired before September 25, 1971, under the general
license then provided in 10 C.F.R. section31.4 or similar general license of a state,
is exempt from the requirements for a license set forth in this chapter and
from the rules in Chapters 3701:1-46, 3701:1-48, 3701:1-49, and 3701:1-52 of
the Administrative Code, to the extent that this person possesses, uses,
transfers, or owns radioactive material.
(C) This rule does not authorize for purposes
of commercial distribution the production, packaging, repackaging, or transfer
of radioactive material or the incorporation of radioactive material into
products intended for commercial distribution.
(D) No person may, for purposes of commercial
distribution, transfer radioactive material in the individual quantities set
forth in the appendix to this rule, knowing or having reason to believe that
such quantities of radioactive material will be transferred to persons exempt
under this chapter or equivalent regulations of an agreement state or the
United States nuclear regulatory commission, except in accordance with a
license, issued by the United States nuclear regulatory commission, which
states that the radioactive material may be transferred by the licensee to
persons exempt under this rule or the equivalent regulations of an agreement
state or the United States nuclear regulatory commission.
(E) 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 the appendix to this rule, except for radioactive material combined
within a device placed in use before May 3, 1999, or as otherwise permitted by
the rules in this chapter.
Notes
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04, 3748.06, 3748.07
Prior Effective Dates: 07/22/2001, 08/15/2005, 05/11/2009, 10/04/2010, 01/01/2012
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