La. Admin. Code tit. 33 § XV-303

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-303 - Unimportant Quantities of Source Material

A. Any person is exempt from these regulations to the extent that such person receives, possesses, uses, owns, 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 this Chapter 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.

C. Any person is exempt from the requirements for a license and from the regulations set forth in this Chapter to the extent that such person receives, possesses, uses, or transfers the following.

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 no lamp contains more than 50 milligrams of thorium;

e. germicidal lamps, sunlamps, and lamps for outdoor or industrial lighting, provided that no lamp contains more than 2 grams of thorium;

f. rare earth metals and compounds, mixtures, and products containing not more than 0.25 percent by weight of thorium, uranium, or any combination of these; or

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 manufactured before August 27, 2013, provided that the glaze contains not more than 20 percent by weight source material;

b. glassware containing not more than two percent by weight source material, or for glassware manufactured before August 27, 2013, 10 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. glass enamel or glass enamel frit containing not more than 10 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; or

d. piezoelectric ceramic containing not more than 2 percent by weight source material.

3. Photographic film, negatives, and prints containing uranium or thorium.

4. 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 percent 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 such 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 such counterweights, provided that:

a. each counterweight has been impressed with the following legend, clearly legible through any plating or other covering: "DEPLETED URANIUM";

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

c. the exemption contained in this Subsection 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; and

d. the requirements specified in Subparagraphs C.5.a and b of this Section need not be met by counterweights manufactured prior to December 31, 1969, provided that such counterweights were manufactured under a specific license issued by the Atomic Energy Commission and were impressed with the legend required by 10 CFR 40 . 13(c)(5)(h) in effect on June 30, 1969.

6. Uranium 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 of minimum wall thickness of 1/8 inch (3.2 mm).

7. Thorium or uranium contained in or on finished optical lenses and mirrors, provided that each lens or mirror does not contain more than 10 percent by weight thorium or uranium or, for lenses manufactured before August 27, 2013, 30 percent by weight of thorium, and that the exemption contained in this Subsection does not authorize either:

a. the shaping, grinding, or polishing of such lens or mirror or manufacturing processes other than the assembly of such lens or mirror into optical systems and devices without any alteration of the lens or mirror; or

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

8. 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); and

b. the thorium content in the nickel-thoria alloy does not exceed 4 percent by weight.

9. No person shall initially transfer for sale or distribution a product containing source material to persons exempt under Subsection C of this Section, or equivalent regulations of an agreement state, unless authorized by a license issued under 10 CFR 40.52 to initially transfer such products for sale or distribution.

a. Persons initially distributing source material in products covered by the exemptions in Subsection C of this Section before August 27, 2013, without specific authorization may continue such distribution for one year beyond the aforementioned date. Initial distribution may also be continued until the department takes final action on a pending application for license or license amendment to specifically authorize distribution submitted no later than one year beyond this date.

b. Persons authorized to manufacture, process, or produce these materials or products containing source material by an agreement state, and persons who import finished products or parts, for sale or distribution, shall be authorized by a license issued under 10 CFR 40.52 for distribution only and are exempt from the requirements of 10 CFR 19 and 20, and LAC 33:XV.325.A.l and 2.

D. The exemptions in LAC 33:XV.303.C do not authorize the manufacture of any of the products described.

La. Admin. Code tit. 33, § XV-303

Promulgated by the Department of Environmental Quality, Nuclear Energy Division, LR 13:569 (October 1987), amended by the Office of Air Quality and Radiation Protection, Radiation Protection Division, LR 18:34 (January 1992), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 27:1226 (August 2001), amended by the Office of the Secretary, Legal Division, LR 41:2321 (November 2015).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and 2104(B).