15A NCAC 11 .0302. EXEMPTIONS FOR SOURCE MATERIAL

(a)  Any person is exempt from licensure to the extent that any 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 0.05 percent of the mixture, compound, solution, or alloy.

(b)  Any person is exempt from licensure to the extent that any person receives, possesses, uses, or transfers unrefined and unprocessed ore containing source material; provided that, except as authorized in a specific license, no person shall refine or process ore containing source material.

(c)  Any person is exempt from licensure to the extent that any 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 two grams of thorium;

(F)           rare earth metals and compounds, mixtures, and products containing not more than 0.04 percent by weight thorium, uranium or any combination of these;

(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, provided that the glaze contains not more than 20 percent by weight source material;

(B)          glassware containing 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;

(C)          piezoelectric ceramic containing not more than two percent by weight source material;

(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 or magnesium‑thorium alloys; provided that the thorium content of the alloy does not exceed four percent by weight and that the exemption contained in this Rule 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 the counterweights when:

(A)          the counterweights are manufactured in accordance with a specific license issued by the U.S. Nuclear Regulatory Commission, authorizing distribution by the licensee pursuant to 10 CFR 40;

(B)          each counterweight has been impressed with the following legend clearly legible through any plating or other covering, which states, "DEPLETED URANIUM";

(C)          each counterweight is durably and legibly labeled or marked with the identification of the manufacturer and the statement: "UNAUTHORIZED ALTERATIONS PROHIBITED";

(D)          the exemption contained in this Subparagraph shall not be deemed to authorize the chemical, physical, or metallurgical treatment or processing of any counterweights other than repair or restoration of any plating or other covering;

(E)           the requirements specified in  Subparagraphs (c)(5)(B) and (C) of this Rule need not be met by counterweights manufactured prior to December 31, 1969; provided, that the counterweights are impressed with the legend, "CAUTION ‑ RADIOACTIVE MATERIAL ‑ URANIUM";

(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 with a minimum wall thickness of one‑eighth inch or 3.2 mm;

(7)           thorium contained in finished optical lenses, provided that each lens does not contain more than 30 percent by weight of thorium; and that the exemption contained in this Subparagraph shall not be deemed to authorize either:

(A)          the shaping, grinding, or polishing of the lens or manufacturing processes 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 eye pieces in binoculars or other optical instruments;

(8)           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;

(9)           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);

(B)          The thorium content in the nickel‑thoria alloy does not exceed four percent by weight.

 

History Note:        Authority G.S. 104E‑7; 104E‑10(b);

Eff. February 1, 1980;

Amended Eff. June 1, 1989; October 1, 1984; October 1, 1980.