410 IAC 5-3-4 Exemption of materials other than source materials

Sec. 4. (a) Exempt Concentrations (1) Except as provided in 410 IAC 5-3-4(a)(2), any person is exempt from this part to the extent that such person receives, possesses, uses, transfers, owns or acquires products containing radioactive material introduced in concentrations not in excess of those listed in Schedule A, 410 IAC 5-3-26. (2) No person may introduce radioactive material into a product or material knowing or having reason to believe that it will be transferred to persons exempt under 410 IAC 5-3-4(a)(1) or equivalent regulations of the U.S. Nuclear Regulatory Commission, any agreement state or licensing state, except in accordance with a specific license issued pursuant to 410 IAC 5-3-13(a) or the general license provided in 410 IAC 5-3-24. (b) Exempt Quantities (1) Except as provided in 410 IAC 5-3-4(b)(3) and (4), any person is exempt from 410 IAC 5 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 Schedule B, 410 IAC 5-3-27. (2) 410 IAC 5-3-4(b) does not authorize the production, packaging or repackaging of radioactive material for purposes of commercial distribution or the incorporation of radioactive material into products intended for commercial distribution. (3) No person may, for purposes of commercial distribution, transfer radioactive material in the individual quantities set forth in Schedule B, 410 IAC 5-3-27, knowing or having reason to believe that such quantities of radioactive material will be transferred to persons exempt under 410 IAC 5-3-4(b) or equivalent regulations of the U.S. Nuclear Regulatory Commission, any agreement state or licensing state, except in accordance with a specific license issued by the U.S. Nuclear Regulatory Commission pursuant to Section 32.18 of 10 CFR Part 32 or by the board pursuant to 410 IAC 5-3-13(b) which license states that the radioactive material may be transferred by the licensee to persons exempt under 410 IAC 5-3-4(b) or the equivalent regulations of the U.S. Nuclear Regulatory Commission, an agreement state or licensing state.2/ (c) Exempt Items (1) Certain items containing radioactive material. Except for persons who apply radioactive material to, or persons who incorporate radioactive material into the following products, any person is exempt from 410 IAC 5 to the extent that he receives, possesses, uses, transfers, owns or acquires the following products:2/ (i) Timepieces or hands or dials containing not more than the following specified quantities of byproduct material and not exceeding the following specified radiation dose rate: (A) 25 millicuries of tritium per timepiece, (B) 5 millicuries of tritium per hand, (C) 15 millicuries of tritium per dial (bezels when used shall be considered as part of the dial), (D) 100 microcuries of promethium-147 per watch or 200 microcuries of promethium-147 per any other timepiece, (E) 20 microcuries of promethium-147 per watch hand or 40 microcuries of promethium-147 per other timepiece hand, (F) 60 microcuries of promethium-147 per watch dial or 120 microcuries of promethium-147 per other timepiece dial (bezels when used shall be considered as part of the dial), (G) The radiation dose rate from hands and dials containing promethium-147 will not exceed, when measured through 50 milligrams per square centimeter of absorber: (aa) For wrist watches, 0.1 millirad per hour at 10 centimeters from any surface, (bb) For pocket watches, 0.1 millirad per hour at 1 centimeter from any surface, (cc) For any other timepiece, 0.2 millirad per hour at 10 centimeters from any surface. (H) One microcurie of radium-226 per timepiece in timepieces acquired prior to the effective date of 410 IAC 5. (ii) Lock illuminators containing not more than 15 millicuries of tritium or not more than 2 millicuries of promethium-147 installed in automobile locks. The radiation dose rate from each lock illuminator containing promethium-147 will not exceed 1 millirad per hour at 1 centimeter from any surface when measured through 50 milligrams per square centimeter of absorber; (iii) Precision balances containing not more than 1 millicurie of tritium per balance or not more than 0.5 millicurie of tritium per balance part; (iv) Automobile shift quadrants containing not more than 25 millicuries of tritium; (v) Marine compasses containing not more than 750 millicuries of tritium gas and other marine navigational instruments containing not more than 250 millicuries of tritium gas; (vi) Thermostat dials and pointers containing not more than 25 millicuries of tritium per thermostat; (vii) Electron tubes; provided, that each tube does not contain more than one of the following specified quantities of radioactive material: (A) 150 millicuries of tritium per microwave receiver protector tube or 10 millicuries of tritium per any other electron tube; (B) 1 microcurie of cobalt-60; (C) 5 microcuries of nickel-63; (D) 30 microcuries of krypton-85; (E) 5 microcuries of cesium-137; (F) 30 microcuries of promethium-147; And provided further, that the radiation dose rate from each electron tube containing radioactive material will not exceed 1 millirad per hour at 1 centimeter from any surface when measured through 7 milligrams per square centimeter of absorber;3/ (viii) Ionizing radiation measuring instruments containing, for purposes of internal calibration or standardization, one or more sources of radioactive material, provided that: (A) Each source contains no more than one exempt quantity set forth in Schedule B, 410 IAC 5-3-27, and (B) Each instrument contains no more than 10 exempt quantities. For purposes of this requirement, an instrument's source(s) may contain either one or different types of radionuclides and an individual exempt quantity may be composed of fractional parts of one or more of the exempt quantities in Schedule B, 410 IAC 5-3-27, provided that the sum of such fractions shall not exceed unity. (ix) Spark gap irradiators containing not more than 1 microcurie of cobalt-60 per spark gap irradiator for use in electrically ignited fuel oil burners having a firing rate of at least 3 gallons (11.4 liters) per hour. (2) Self-Luminous Products Containing Radioactive Material. (i) Tritium, Krypton-85 or Promethium-147. Except for persons who manufacture, process or produce self-luminous products containing tritium, krypton-85 or promethium-147, any person is exempt from 410 IAC 5 to the extent that such person receives, possesses, uses, transfers, owns or acquires tritium, krypton-85 or promethium-147 in self-luminous products manufactured, processed, produced, imported or transferred in accordance with a specific license issued by the U.S. Nuclear Regulatory Commission pursuant to Section 32.22 of 10 CFR Part 32, which license authorizes the transfer of the product to persons who are exempt from regulatory requirements. The exemption in 410 IAC 5-3-4(c)(2) does not apply to tritium, krypton-85 or promethium-147 used in products for frivolous purposes or in toys or adornments. (ii) Radium-226. Any person is exempt from 410 IAC 5 to the extent that such person receives, possesses, uses, transfers or owns articles containing less than 0.1 microcurie of radium-226 which were acquired prior to the effective date of 410 IAC 5. (3) Gas and aerosol detectors containing radioactive material. (i) Except for persons who manufacture, process or produce gas and aerosol detectors containing radioactive material, any person is exempt from 410 IAC 5 to the extent that such person receives, possesses, uses, transfers, owns or acquires radioactive material in gas and aerosol detectors designed to protect life or property from fires and airborne hazards provided that detectors containing radioactive material shall have been manufactured, imported or transferred in accordance with a specific license issued by the U.S. Nuclear Regulatory Commission2/ pursuant to Section 32.26 of 10 CFR Part 32; or a licensing state pursuant to 410 IAC 5-3-13(c) which authorizes the transfer of the detectors to persons who are exempt from regulatory requirements. (ii) Gas and aerosol detectors previously manufactured and distributed to general licensees in accordance with a specific license issued by an agreement state shall be considered exempt under 410 IAC 5-3-4(c)(3)(i), provided that the device is labeled in accordance with the specific license authorizing distribution of the general licensed device, and provided further that they meet the requirements of 410 IAC 5-3-13(c). (iii) Gas and aerosol detectors containing NARM previously manufactured and distributed in accordance with a specific license issued by a licensing state shall be considered exempt under 410 IAC 5-3-4(c)(3)(i), provided that the device is labeled in accordance with the specific license authorizing distribution, and provided further that they meet the requirements of 410 IAC 5-3-13(c). (4) Resins containing scandium-46 and designed for sand consolidation in oil wells. Any person is exempt from 410 IAC 5 to the extent that such person receives, possesses, uses, transfers, owns or acquires synthetic plastic resins containing scandium-46 which are designed for sand consolidation in oil wells. Such resins shall have been manufactured or imported in accordance with a specific license issued by the U.S. Nuclear Regulatory Commission, or shall have been manufactured in accordance with the specifications contained in a specific license issued by the board or any agreement state to the manufacturer of such resins pursuant to licensing requirements equivalent to those in Sections 32.16 and 32.17 of 10 CFR Part 32 of the regulations of the Nuclear Regulatory Commission. This exemption does not authorize the manufacture of any resins containing scandium-46. 2/ Authority to transfer possession or control by the manufacturer, processor or producer of any equipment, device, commodity or other product containing byproduct material whose subsequent possession, use, transfer and disposal by all other persons are exempted from regulatory requirements may be obtained only from the U.S. Nuclear Regulatory Commission, Washington, D.C. 20555. 3/ For purposes of 410 IAC 5-3-4(c)(1)(vii) "electron tubes" include spark gap tubes, power tubes, gas tubes including glow lamps, receiving tubes, microwave tubes, indicator tubes, pick-up tubes, radiation detection tubes and any other completely sealed tube that is designed to conduct or control electrical currents.