Section 330.30  License Exemption − Source Material

a)         Any person is exempt from this Part to the extent that the 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 one-twentieth of one percent (0.05 percent) of the mixture, compound, solution or alloy.

b)         Any person is exempt from this Part to the extent that the person receives, possesses, uses or transfers unrefined and unprocessed ore containing source material; provided that, except as authorized in a specific license, the person shall not refine or process that ore.

c)         Any person is exempt from the requirements for a license set forth in section 62 of the Atomic Energy Act of 1954, as amended, this Part and 32 Ill. Adm. Code 340 and 400 to the extent that the 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 2 grams of thorium;

F)         Rare earth metals and compounds, mixtures and products containing not more than 0.25 percent by weight 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, 2016, provided that the glaze contains not more than 20 percent by weight source material;

B)        Piezoelectric ceramic containing not more than two percent by weight source material;

C)        Glassware containing not more than two percent by weight source material or, for glassware manufactured before August 27, 2016, 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; and

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-thorium or magnesium-thorium alloys, provided that the thorium content of the alloy does not exceed four percent by weight and that this exemption 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 those counterweights, provided that:  

A)        Each counterweight has been impressed with the following legend clearly legible through any plating or other covering:  "DEPLETED URANIUM";

            AGENCY NOTE:  The requirement specified in subsection (c)(5)(B) does not need to be met by counterweights manufactured prior to December 31, 1969; provided that the counterweights were manufactured under a specific license issued by the Atomic Energy Commission and were impressed with the legend, "CAUTION − RADIOACTIVE MATERIAL − URANIUM", as previously required by 10 CFR 40.13(c)(5)(ii), as in effect on June 30, 1969, exclusive of subsequent amendments or editions.

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

            AGENCY NOTE:  The requirement specified in subsections (c)(5)(A) and (B) do not need to be met by counterweights manufactured prior to December 31, 1969; provided that the counterweights were manufactured under a specific license issued by the Atomic Energy Commission and were impressed with the legend, "CAUTION − RADIOACTIVE MATERIAL − URANIUM", as previously required by 10 CFR 40.13(c)(5)(ii), as in effect on June 30, 1969, exclusive of subsequent amendments or editions.

C)        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 covering.

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 of minimum wall thickness of 3.2 millimeters (⅛ inch).

7)         Thorium or uranium contained in or on finished optical lenses and mirrors, provided that each lens or mirror does not contain more than ten percent by weight thorium or uranium or, for lenses manufactured before August 27, 2016, 30 percent by weight of thorium and that this exemption shall not be deemed to authorize either:  

A)        The shaping, grinding or polishing of the lens or mirror or manufacturing processes other than the assembly of the 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 four percent by weight.

9)         No person may initially transfer for sale or distribution a product containing source material to persons exempt under this subsection (c) unless authorized by an NRC 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) before August 27, 2016 without specific authorization may continue distribution for one year beyond this date.  Initial distribution may also be continued until NRC 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 under a specific license issued by the Agency and persons who import finished products or parts, for sale or distribution, must be authorized by an NRC license issued under 10 CFR 40.52 for distribution only and are exempt from the requirements of 10 CFR 19, 20 and 40.32(b) and (c). 

d)         The exemptions in subsection (c) do not authorize the manufacture of any of the products described.

e)         Any licensee is exempt from the requirements of this Part to the extent that its activities are subject to the requirements of 32 Ill. Adm. Code 601, except as specifically provided for in 32 Ill. Adm. Code 601.

(Source:  Amended at 40 Ill. Reg. 12971, effective August 25, 2016)