32 Ill. Adm. Code 330.30
License Exemption - Source Material
Section 330
Section 330.30 License
Exemption − Source Material
a) Any person is exempt from this Part to the extent that the
person receives, possesses, uses, owns or transfers source material in any
chemical mixture, compound, solution or alloy in which the source material is
by weight less than one-twentieth of one percent (0.05 percent) of the mixture,
compound, solution or alloy.
b) Any person is exempt from this Part to the extent that the
person receives, possesses, uses or transfers unrefined and unprocessed ore
containing source material; provided that, except as authorized in a specific
license, the person shall not refine or process that ore.
c) Any person is exempt from the requirements for a license set
forth in section 62 of the Atomic Energy Act of 1954, as amended, this Part and
32 Ill. Adm. Code 340 and 400 to the extent that the person receives,
possesses, uses or transfers:
1) Any quantities of thorium contained in:
A) Incandescent gas mantles;
B) Vacuum tubes;
C) Welding rods;
D) Electric lamps for illuminating purposes provided that each
lamp does not contain more than 50 milligrams of thorium;
E) Germicidal lamps, sunlamps and lamps for outdoor or industrial
lighting provided that each lamp does not contain more than 2 grams of thorium;
F) Rare earth metals and compounds, mixtures and products
containing not more than 0.25 percent by weight thorium, uranium or any
combination of these; or
G) 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) Glazed ceramic tableware, manufactured before August 27, 2016, provided
that the glaze contains not more than 20 percent by weight source material;
B) Piezoelectric ceramic containing not more than two percent by
weight source material;
C) Glassware containing not more than two percent by weight source
material or, for glassware manufactured before August 27, 2016, not more than
ten percent by weight source material, but not including commercially
manufactured glass brick, pane glass, ceramic tile or other glass or ceramic
used in construction; and
D) Glass enamel or glass enamel frit containing not more than ten
percent 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.
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 four percent by weight and that this exemption
shall not be deemed to authorize the chemical, physical or metallurgical
treatment or processing of the 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 those counterweights, provided that:
A) Each counterweight has been impressed with the following legend
clearly legible through any plating or other covering: "DEPLETED
URANIUM";
AGENCY NOTE: The requirement specified in subsection
(c)(5)(B) does not need to be met by counterweights manufactured prior to
December 31, 1969; provided that the counterweights were manufactured under a
specific license issued by the Atomic Energy Commission and were impressed with
the legend, "CAUTION − RADIOACTIVE MATERIAL − URANIUM",
as previously required by 10 CFR 40.13(c)(5)(ii), as in effect on June 30,
1969, exclusive of subsequent amendments or editions.
B) Each counterweight is durably and legibly labeled or marked
with the identification of the manufacturer and the statement:
"UNAUTHORIZED ALTERATIONS PROHIBITED"; and
AGENCY NOTE: The requirement specified in subsections (c)(5)(A)
and (B) do not need to be met by counterweights manufactured prior to December
31, 1969; provided that the counterweights were manufactured under a specific
license issued by the Atomic Energy Commission and were impressed with the
legend, "CAUTION − RADIOACTIVE MATERIAL − URANIUM", as
previously required by 10 CFR 40.13(c)(5)(ii), as in effect on June 30, 1969,
exclusive of subsequent amendments or editions.
C) This exemption 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 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 3.2 millimeters (⅛ inch).
7) Thorium or uranium contained in or on finished optical lenses
and mirrors, provided that each lens or mirror does not contain more than ten
percent by weight thorium or uranium or, for lenses manufactured before August
27, 2016, 30 percent by weight of thorium and that this exemption shall not be
deemed to authorize either:
A) The shaping, grinding or polishing of the lens or mirror or
manufacturing processes other than the assembly of the 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 lenses, or in spectacles, or in eyepieces in binoculars or
other optical instruments.
8) Thorium contained in any finished aircraft engine part
containing 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
four percent by weight.
9) No
person may initially transfer for sale or distribution a product containing
source material to persons exempt under this subsection (c) unless authorized
by an NRC 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
subsection (c) before August 27, 2016 without specific authorization may
continue distribution for one year beyond this date. Initial distribution may
also be continued until 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 under a specific license issued by the Agency and
persons who import finished products or parts, for sale or distribution, must
be authorized by an NRC license issued under 10 CFR 40.52 for distribution only
and are exempt from the requirements of 10 CFR 19, 20 and 40.32(b) and (c).
d) The exemptions in subsection (c) do not authorize the
manufacture of any of the products described.
e) Any licensee is exempt from the requirements of this Part to
the extent that its activities are subject to the requirements of 32 Ill. Adm.
Code 601, except as specifically provided for in 32 Ill. Adm. Code 601.