Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part III - Licensing of Radioactive Material › Article 2 - Exemptions from the Regulatory Requirements › Section 12VAC5-481-390 - Source material

Current through Register Vol. 40, No. 24, July 15, 2024
A. Common
					 and contract carriers, freight forwarders, warehousemen, and the U.S. Postal
					 Service are exempt from this part and the requirements for a license set forth
					 in this chapter to the extent that they transport or store radioactive material
					 in the regular course of the carriage for another or storage incident
					 thereto.
B. Any person is exempt
					 from Part III (12VAC5-481-380 et
					 seq.) of this chapter to the extent that such person receives, possesses, uses,
					 owns, transfers, or delivers source material in any chemical mixture, compound,
					 solution, or alloy in which the source material is by weight less than 0.05% of
					 the mixture, compound, solution or alloy. The exemption contained in this
					 chapter does not apply to Australian-obligated radioactive material, nor does
					 it include by product materials as defined in
					 12VAC5-481-10.
C. Any person is exempt from Part III
					 (12VAC5-481-380 et seq.) of this
					 chapter to the extent that such person receives, possesses, uses, or transfers
					 unrefined and unprocessed ore containing source material; provided that, except
					 as authorized in a specific license, such person shall not refine or process
					 such ore.
D. Any person is exempt
					 from Parts III (12VAC5-481-380 et seq.), IV
					 (12VAC5-481-600 et seq.), and X
					 (12VAC5-481-2250 et seq.) of this
					 chapter to the extent such person receives, possesses, uses, or transfers:
1. Any quantities of thorium contained in (i)
					 incandescent gas mantles, (ii) vacuum tubes; (iii) welding rods; (iv) electric
					 lamps for illuminating purposes provided that each lamp does not contain more
					 than 50 milligrams of thorium; (v) germicidal lamps, sunlamps, and lamps for
					 outdoor or industrial lighting provided that each lamp does not contain more
					 than 2 grams of thorium; (vi) rare earth metals and compounds, mixtures, and
					 products containing not more than 0.25% by weight thorium, uranium, or any
					 combination of these; or (vii) personnel neutron dosimeters provided that each
					 dosimeter does not contain more than 50 milligrams of thorium.
2. Source material contained in the following
					 products:
a. Glaze ceramic tableware
					 manufactured before August 27, 2013, provided that the glaze contains not more
					 than 20% by weight source material;
b. Piezoelectric ceramic containing not more
					 than 2.0% by weight source material;
c. Glassware containing not more than 2.0% by
					 weight source material or for glassware manufactured before August 27, 2013,
					 10% by weight source material, but not including commercially manufactured
					 glass brick, pane glass, ceramic tile, or other glass or ceramic used in
					 construction; or
d. Glass enamel or
					 glass enamel frit containing not more than 10% by weight source material
					 imported or ordered for importation into the United States, or initially
					 distributed by manufacturers in the United States, before July 25, 1983. (On
					 July 25, 1983, the exemption of glass enamel or glass enamel frit was
					 suspended. The exemption was eliminated on September 11, 1984.)
3. Photographic film, negatives,
					 and prints containing uranium or thorium.
4. Any finished product or part fabricated of
					 or containing tungsten-thorium or magnesium-thorium alloys, provided that the
					 thorium content of the alloy does not exceed 4.0% by weight and that the
					 exemption shall not be deemed to authorize the chemical, physical, or
					 metallurgical treatment or processing of any such product or part.
5. Uranium contained in counterweights
					 installed in aircraft, rockets, projectiles, and missiles, or stored or handled
					 in connection with installation or removal of such counterweights provided
					 that:
a. Each counterweight has been
					 impressed with the following legend clearly legible through any plating or
					 other covering: "Depleted Uranium";
b. Each counterweight is durably and legibly
					 labeled or marked with the identification of the manufacturer, and the
					 statement: "Unauthorized Alterations Prohibited" (The requirements of this
					 subdivision need not be met by counterweights manufactured prior to December
					 31, 1969, provided that such counterweights were manufactured under a specific
					 license issued by the Atomic Energy Commission and were impressed with the
					 legend required by 10 CFR
					 40.13(c)(5)(ii) in effect on
					 June 30, 1969); and
c. The
					 exemption contained in this subsection shall not be deemed to authorize the
					 chemical, physical, or metallurgical treatment or processing of any such
					 counterweights other than repair or restoration of any plating or other
					 covering.
6. Natural or
					 depleted uranium metal used as shielding constituting part of any shipping
					 container, provided that:
a. The shipping
					 container is conspicuously and legibly impressed with the legend:
					 "CAUTION-RADIOACTIVE SHIELDING-URANIUM", and
b. The uranium metal is encased in mild steel
					 or equally fire-resistant metal of minimum wall thickness of 1/8 inch (3.2
					 mm).
7. Thorium or
					 uranium contained in or on finished optical lenses and mirrors, provided that
					 each lens or mirror does not contain more than 10% by weight thorium or uranium
					 or, for lenses manufactured before August 27, 2013, 30% by weight of thorium;
					 and that the exemption contained in this paragraph does not authorize either:
a. The shaping, grinding, or polishing of
					 such lens or mirror or manufacturing processes other than the assembly of such
					 lens or mirror into optical systems and devices without any alteration of the
					 lens or mirror; or
b. The receipt,
					 possession, use, or transfer of uranium or thorium contained in contact lens,
					 spectacles, or eyepieces in binoculars or other optical instruments.
8. Thorium contained in any
					 finished aircraft engine part contained nickel-thoria alloy, provided that:
a. The thorium is dispersed in the
					 nickel-thoria alloy in the form of finely divided thoria (thorium dioxide);
					 and
b. The thorium content in the
					 nickel-thoria alloy does not exceed 4.0% by weight.
9. The exemptions in this subsection do not
					 authorize the manufacture of any products described.
10. No person may initially transfer for sale
					 or distribution a product containing source material to persons exempt under
					 this subsection or equivalent regulations of the NRC or another agreement
					 state, unless authorized by the NRC with a license issued under
					 10 CFR
					 40.52 to initially transfer such products for
					 sale or distribution.
a. Persons initially
					 distributing source material in products covered by the exemptions in this
					 section before August 27, 2013, without specific authorization may continue
					 such distribution for one year beyond this date. Initial distribution may also
					 be continued until the NRC takes final action on a pending application for
					 license or license amendment to specifically authorize distribution submitted
					 no later than one year beyond this date.
b. Persons authorized to manufacture,
					 process, or produce these materials or products containing source material, and
					 persons who import finished products or parts, for sale or distribution shall
					 be authorized by an NRC license issued under
					 10 CFR
					 40.52 for distribution only and are exempt
					 from the requirements of
					 12VAC5-481-450 and Parts IV
					 (12VAC5-481-600 et seq.) and X
					 (12VAC5-481-2250 et seq.) of this
					 chapter.