37.14.505 EXEMPTIONS: SOURCE MATERIAL
(1) Any person is exempt from this subchapter to the extent that such person receives, possesses, uses, or transfers source material in any chemical mixture, compound, solution, or alloy in which the source material is by weight less than 1/20 of 1% (0.05%) of the mixture, compound, solution, or alloy.
(2) Any person is exempt from this subchapter 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.
(3) Any person is exempt from this subchapter to the extent that such person receives, possesses, uses, or transfers:
(a) 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;
(b) source material contained in the following products:
(i) glazed ceramic tableware, provided that the glaze contains not more than 20% by weight source material,
(ii) glassware, glass enamel and glass enamel frit containing not more than 10% by weight source material, but not including commercially manufactured glass brick, pane glass, ceramic tile or other glass, glass enamel or ceramic used in construction, or
(iii) piezoelectric ceramic containing not more than 2% by weight source material;
(c) photographic film, negatives, and prints containing uranium or thorium;
(d) 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% by weight and that this exemption shall not be deemed to authorize the chemical, physical, or metallurgical treatment or processing of any such product or part;
(e) 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
(i) the counterweights are manufactured in accordance with a specific license issued by the US nuclear regulatory commission, authorizing distribution by the licensee pursuant to 10 CFR Part 40,
(ii) each counterweight has been impressed with the following legend clearly legible through any plating or other covering: "DEPLETED URANIUM". The requirements specified in (3) (e) (ii) and (iii) of this rule need not be met by counterweights manufactured prior to December 31, 1969; provided, that such counterweights are impressed with the legend "CAUTION--RADIOACTIVE MATERIAL--URANIUM", as previously required by this chapter.
(iii) each counterweight is durably and legibly labeled or marked with the identification of the manufacturer and the statement: "UNAUTHORIZED ALTERATIONS PROHIBITED", and
(iv) 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 other covering;
(f) uranium used as shielding constituting part of any shipping container which is conspicuously and legibly impressed with the legend "CAUTION--RADIOACTIVE SHIELDING--URANIUM" and which meets the specifications for containers for radioactive material prescribed in 49 CFR Part 173, section 173.394 or 173.395, of the US department of transportation regulations;
(g) thorium contained in finished optical lenses, provided that each lens does not contain more than 30% by weight of thorium, and that this exemption shall not be deemed to authorize either:
(i) the shaping, grinding, or polishing of such lens or manufacturing processes other than the assembly of such lens into optical systems and devices without any alteration of the lens, or
(ii) the receipt, possession, use, or transfer of thorium contained in contact lenses, or in spectacles, or in eyepieces in binoculars or other optical instruments;
(h) uranium contained in detector heads for use in fire detection units, provided that each detector head contains not more than 0.005 microcurie of uranium; or
(i) thorium contained in any finished aircraft engine part containing nickel-thoria alloy, provided that
(i) the thorium is dispersed in the nickel-thoria alloy in the form of finely divided thoria (thorium dioxide) , and
(ii) the thorium content in the nickel-thoria alloy does not exceed 4% by weight.
(4) The exemptions in (3) of this rule do not authorize the manufacture of any of the products described.
History: Sec. 75-3-202, MCA; IMP, Sec. 75-3-104 and 75-3-202, MCA; NEW, 1980 MAR p. 1069, Eff. 3/28/80; TRANS, from DHES, 1996 MAR p. 433; TRANS, from DEQ, 2000 MAR p. 189.