Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 157 - Radiation Protection › Subchapter II - Licensing of Radioactive Material › Section DHS 157.09 - Exemptions

Current through June 24, 2024
(1) EXEMPTIONS OF SOURCE MATERIAL.
(a) A person is exempt from subchs. III and X
				  if the person receives, possesses, uses, owns or transfers any of the following
				  types and forms of source material:
1. Any
				  chemical mixture, compound, solution or alloy in which the source material by
				  weight is less than 1/20 of one percent of the mixture, compound, solution or
				  alloy.
2. Unrefined and unprocessed
				  ore containing source material provided that, except as authorized in a
				  specific license, the person does not refine or process the ore.
3. Rare earth metals and compounds, mixtures
				  and products containing not more than 0.25% by weight thorium, uranium or any
				  combination of these.
4. Any
				  quantities of thorium contained in any of the following:
a. Incandescent gas mantles.
b. Vacuum tubes.
c. Welding rods.
d. Electric lamps for illuminating purposes
				  provided that a lamp does not contain more than 50 milligrams of
				  thorium.
e. Germicidal lamps,
				  sunlamps and lamps for outdoor or industrial lighting provided that a lamp does
				  not contain more than 2 grams of thorium.
f. Personnel neutron dosimeters, provided
				  that a dosimeter does not contain more than 50 milligrams of
				  thorium.
5. Source
				  material contained in any of the following products:
a. Glazed ceramic tableware manufactured
				  before August 27, 2013, provided that the glaze contains not more than 20% by
				  weight source material.
b.
				  Glassware containing not more than 2% 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.
c. 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.
d. Piezoelectric ceramic containing not more
				  than 2% by weight source material.
6. Photographic film, negatives and prints
				  containing uranium or thorium.
7.
				  Any finished product or part fabricated of tungsten-thorium or
				  magnesium-thorium alloys, or containing tungsten-thorium or magnesium-thorium
				  alloys, provided that the thorium content of the alloy does not exceed 4% by
				  weight and that this exemption is not deemed to authorize the chemical,
				  physical or metallurgical treatment or processing of any product or
				  part.
8. Uranium contained in
				  counterweights installed in aircraft, rockets, projectiles or missiles or
				  stored or handled in connection with installation or removal of the
				  counterweights, under all of the following conditions:
a. Each counterweight has been impressed with
				  the following legend clearly legible through any plating or other covering:
				  "DEPLETED URANIUM". This requirement need not be met by counterweights
				  manufactured prior to December 31, 1969 provided that the counterweights are
				  impressed with the legend "CAUTION - RADIOACTIVE MATERIAL - URANIUM".
b. Each counterweight is durably and legibly
				  labeled or marked with the identification of the manufacturer and the
				  statement, "UNAUTHORIZED ALTERATIONS PROHIBITED". This requirement need not be
				  met by counterweights manufactured prior to December 31, 1969 provided that the
				  counterweights are impressed with the legend "CAUTION - RADIOACTIVE MATERIAL -
				  URANIUM".
c. This exemption may not
				  be deemed to authorize the chemical, physical or metallurgical treatment or
				  processing of any of these counterweights other than repair or restoration of
				  any plating or other covering.
9. Natural or depleted uranium metal used as
				  shielding constituting part of any shipping container, provided that the
				  shipping container is conspicuously and legibly impressed with the legend
				  "CAUTION - RADIOACTIVE SHIELDING - URANIUM"; and the uranium metal is encased
				  in mild steel or equally fire resistant metal of minimum wall thickness of 3.2
				  millimeter (one-eighth inch).
10.
				  Thorium or uranium contained in or on finished optical lenses and mirrors,
				  provided that a lens or mirror does not contain more than10% by weight of
				  thorium or uranium or for lenses manufactured before August 27, 2013, 30% by
				  weight of thorium and that this exemption is not deemed to authorize either of
				  the following:
a. The shaping, grinding or
				  polishing of the lens or manufacturing processes other than the assembly of the
				  lens into optical systems and devices without any alteration of the
				  lens.
b. The receipt, possession,
				  use or transfer of thorium contained in contact lenses, spectacles, eyepieces
				  in binoculars or other optical instruments.
11. Thorium contained in any finished
				  aircraft engine part containing nickel-thoria alloy, provided that the thorium
				  is dispersed in the alloy in the form of finely divided thoria, and the thorium
				  content in the nickel-thoria alloy does not exceed 4% by weight.
12. Only persons authorized by a license
				  issued under 10 CFR
				  40.52, may initially transfer for sale or
				  distribution such products containing source material to a person exempt under
				  this subsection.
13. Persons
				  authorized by an agreement state to manufacture, process, or produce materials
				  or products containing source material, and persons who import finished
				  products or parts for sale or distribution, shall be licensed for distribution
				  only under 10 CFR
				  40.52, and are exempt from s. DHS 157.13 (2)
				  (a) and (b) and subchs. III and X.