Section 22-B6810. EXEMPTIONS: SOURCE MATERIALS

 

6810.1Any person who 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 one twentieth of one percent (0.05%) of the mixture, compound, solution, or alloy shall be exempt from the provisions of chapters 67 through 69 of this title.

 

6810.2Any person who receives, possesses, uses, or transfers unrefined and unprocessed ore containing source material shall be exempt from the provisions of chapters 67 through 69 of this title. Except as authorized in a specific license, the person shall not refine or process the ore.

 

6810.3A person shall be exempt from chapters 67 through 69 if the person receives, possesses, uses, or transfers any quantities of thorium contained in the following:

 

(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 fifty (50) milligrams of thorium;

 

(e)Germicidal lamps, sunlamps, and lamps for outdoor or industrial lighting; Provided that each lamp does not contain more than two (2) grams of thorium; or

 

(f)Rare earth metals and compounds, mixtures, and products containing not more than twenty-five percent (25%) by weight of thorium, uranium, or any combination of thorium and uranium.

 

6810.4A person shall be exempt from chapters 67 through 69 if the person receives, possesses, uses, or transfers any quantities of thorium contained in the following products:

 

(a)Glazed ceramic tableware; Provided, that the glaze contains not more than twenty percent (20%) by weight source material; and

 

(b)Glassware, glass enamel, and glass enamel frit containing not more than ten percent (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.

 

6810.5A person shall be exempt from chapters 67 through 69 if the person receives, possesses, uses, or transfers any finished product or part fabricated of, or containing, tungsten or magnesium-thorium alloys; Provided, that the thorium content of the alloy does not exceed four percent (4%) by weight and that the exemption contained in this subsection shall not be deemed to authorize the chemical, physical, or metallurgical treatment or processing of any product or part.

 

6810.6A person shall be exempt from chapters 67 through 69 if the person receives, possesses, uses, or transfers photographic film, negatives, and prints containing uranium or thorium.

 

6810.7A person shall be exempt from chapters 67 through 69 if the person receives, possesses, uses, or transfers uranium contained in the detector heads for use in fire detection units; Provided, that each detector head contains not more than five one-thousandths (0.005) microcurie of uranium.

 

6810.8A person shall be exempt from chapters 67 through 69 if the person receives, possesses uses, or transfers uranium contained in counterweights installed in aircraft, rockets, projectiles, or missiles, or stored or handled in connection with the installation or removal of the counterweights when the following requirements are met:

 

(a)The counterweights are manufactured in accordance with the specifications contained in a specific license or equivalent licensing document issued by the Director, the NRC, or any agreement state;

 

(b)Each counterweight has been impressed with the following legend clearly legible through any plating or other covering: "CAUTION" "RADIOACTIVE MATERIAL - URANIUM"; and

 

(c)The plating or other covering has not been removed or penetrated.

 

6810.9A person shall be exempt from chapters 67 through 69 if the person receives, possesses, uses, or transfers uranium used as shielding constituting part of any shipping container that is conspicuously and legibly impressed with the legend "CAUTION RADIOACTIVE SHIELDING - URANIUM", and that meets the specifications for containers for radioactive materials prescribed by regulations published by the U.S. Department of Transportation at 49 C.F.R. § 172.403.

 

6810.10A person shall be exempt from chapters 67 through 69 if the person receives, possesses, uses, or transfers thorium contained in finished optical lenses; Provided, that each lens shall not contain more than thirty percent (30%) by weight of thorium, and that the exemption contained in this subsection shall not be deemed to authorize either off following:

 

(a)The shaping, grinding, or polishing of the lens or manufacturing process other than the assembly of the lens into optical systems and devices without any alteration of the lens; or

 

(b)The receipt, possession, use, or transfer of thorium contained in contact lenses, or in spectacles, or in eyepieces in binoculars or other optical instruments.

 

6810.11A person shall be exempt from chapters 67 through 69 if the person receives, possesses, uses, or transfers thorium in any finished aircraft engine part containing nickel-thoria alloy; Provided, that the following requirements are met:

 

(a)The thorium is dispersed in the nickel-thoria alloy in the form of finely divided thoria (thorium dioxide); and

 

(a)The thorium content in the nickel-thoria alloy does not exceed four percent (4%) by weight.

 

6810.12The exemptions in this section shall not authorize the manufacture of any of the products described in this section.

 

source

Regulation No. 70-33 (July 10, 1970), 17 DCR 39 (July 27, 1970); 6A DCRR §8-2:1012; as amended by Final Rulemaking published at 53 DCR 3721 (May 5, 2006).