333-102-0032 Exemptions: Self Luminous Products and Sources Containing Radium-226 (1) A general license is hereby issued to any person to acquire, receive, possess, use, or transfer in accordance with the provisions of sections (1), (2), and (3) of this rule, radium-226 contained in the following products manufactured prior to November 30, 2007. (a) Antiquities originally intended for use by the general public. For the purposes of this subsection, antiquities mean products originally intended for use by the general public and distributed in the late 19th and early 20th centuries, such as radium emanator jars, revigators, radium water jars, radon generators, refrigerator cards, radium bath salts, and healing pads. (b) Intact timepieces containing greater than 0.037 megabecquerel (1 microcurie), nonintact timepieces, and timepiece hands and dials no longer installed in timepieces. (c) Luminous items installed in air, marine, or land vehicles. (d) All other luminous products provided that no more than 100 items are used or stored at the same location at any one time. (e) Small radium sources containing no more than 0.037 megabecquerel (1 microcurie) of radium-226. For the purposes of this subsection, "small radium sources" means discrete survey instrument check sources, sources contained in radiation measuring instruments, sources used in educational demonstrations (such as cloud chambers and spinthariscopes), electron tubes, lightning rods, ionization sources, static eliminators, or as designated by the Nuclear Regulatory Commission. (2) Persons who acquire, receive, possess, use, or transfer byproduct material under the general license issued in section (1) of this rule are exempt from the provisions of the rules in this division and in divisions 105, 113, 115, 116, 117, 120, 121 and 124 of this chapter, to the extent that the receipt, possession, use, or transfer of byproduct material is within the terms of the general license; provided, however, that this exemption shall not be deemed to apply to any such person specifically licensed under this chapter. (3) Any person who acquires, receives, possesses, uses or transfers byproduct material in accordance with the general license in section (1) of this rule: (a) Shall notify the Authority should there be any indication of possible damage to the product so that it appears it could result in a loss of the radioactive material. A report containing a brief description of the event, and the remedial action taken, must be furnished to the Authority within 30 days. (b) Shall not abandon products containing radium-226. The product, and any radioactive material from the product, may only be disposed of according to 10 CFR Part 20.2008 or by transfer to a person authorized by a specific license to receive the radium-226 in the product or as otherwise approved by the Nuclear Regulatory Commission. (c) Shall not export products containing radium-226 except in accordance with 10 CFR Part 110. (d) Shall dispose of products containing radium-226 at a disposal facility authorized to dispose of radioactive material in accordance with any federal or state solid or hazardous waste law, including the Solid Waste Disposal Act, as authorized under the Energy Policy Act of 2005, by transfer to a person authorized to receive radium-226 by a specific licensee or equivalent regulations of an Agreement State, or as otherwise approved by the Authority. (e) Shall respond to written requests from the Authority to provide information relating to the general licensee within 30 calendar days of the date of the request, or other time specified in the request. If the general licensee cannot provide the requested information within the allotted time, it shall, within that same time period, request a longer period to supply the information by a written authorization to the Authority (f) The general license in section (1) of this rule does not authorize the manufacture, assembly, disassembly, repair or import of products containing radium-226, except that timepieces may be disassembled and repaired. Statutory/Other Authority: ORS 453.635 & 453.665 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 20-2010, f. & cert. ef. 9-1-10