Exemptions

Exemptions. 1. Persons who receive, possess, use, process, transfer, transport, store, distribute, and dispose of NORM are exempt from the requirements of these regulations if: a. The materials contain, or are contaminated at, concentrations less than 5 picocuries per gram of radium - 226 or radium - 228 above background; or, concentrations less than 30 picocuries per gram (1.11 kBq/kg) of technologically enhanced radium-226 or radium-228, averaged over any 100 square meters, provided the radon emanation rate does not exceed 20 picocuries (740 mBq) per square meter per second, or 150 picocuries per gram (5.55 kBq/kg) of any other NORM radionuclide, provided that these concentrations are not exceeded at any time; or b. Equipment does not exceed 25 microroentgens per hour above background radiation at any accessible point. 2. Persons who receive products or materials containing NORM distributed in accordance with a specific license issued by the Agency pursuant to 1.11.15(1) or an equivalent license issued by another Licensing State are exempt from these regulations. 3. The manufacturing, distribution, use, transportation, and disposal of potassium and potassium compounds which have not been isotopically enriched in the radionuclide K-40 are exempt from the requirements of these regulations. 4. The wholesale and retail distribution (including custom blending), possession, and use of the following products or materials are exempt from the requirements of these regulations; a. Phosphate and potash fertilizer; and b. Phosphogypsum for agricultural uses provided such commercial distribution and uses meet the requirements of 40 CFR 61.204. 5. The possession, use, and transportation of natural gas, and natural gas products, and crude oil, and crude oil products as a fuel are exempt from the requirements of these regulations. The manufacturing and distribution of natural gas and crude oil and natural gas and crude oil products are exempt from the specific license requirements of this section but are subject to the general license requirements in 1.11.10, 1.11.11, and 1.11.12. 6. Produced waters from crude oil and natural gas production are exempt from the requirements of these regulations if the produced waters are reinjected in a well approved by the Mississippi State Oil and Gas Board and Mississippi Department of Environmental Quality and as a Class II Injection and Disposal well.