6 Colo. Code Regs. § 1007-1-3-C

Current through Register Vol. 47, No. 11, June 10, 2024

Schedule 6 CCR 1007-1-3-C - UNIMPORTANT QUANTITIES OF SOURCE MATERIAL AND EXEMPT ITEMS (3.2)

3C Any person is exempt from the requirements for a license set forth in section 62 of the Atomic Energy Act and from the regulations in this part 3, and parts 4 and 10, to the extent that such person receives, possesses, uses, or transfers:

3C.1 Any quantities of thorium contained in:

3C.1.1 Incandescent gas mantles;

3C.1.2 Vacuum tubes;

3C.1.3 Welding rods;

3C.1.4 Electric lamps for illuminating purposes provided that each lamp does not contain more than 50 milligrams of thorium;

3C.1.5 Germicidal lamps, sunlamps, and lamps for outdoors or industrial lighting provided that each lamp does not contain more than 2 grams of thorium;

3C.1.6 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

3C.1.7 Personnel neutron dosimeters provided that each dosimeter does not contain more than 50 milligrams of thorium.

3C.2 Source material contained in the following products:

3C.2.1 Glazed ceramic tableware manufactured before August 27, 2013, provided that the glaze contains not more than 20 percent by weight source material;

3C.2.2 Glassware containing not more than 2 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;

3C.2.3 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

3C.2.4 Piezoelectric ceramic containing not more than 2 percent by weight source material.

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

3C.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 this exemption shall not be deemed to authorize the chemical, physical, or metallurgical treatment or processing of any such product or part.

3C.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:

3C.5.1 Each counterweight has been impressed with the following legend clearly legible through any plating or other covering: "Depleted Uranium";¹⁴

¹⁴ The requirement specified in 3C.5.1 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, "CAUTION- RADIOACTIVE MATERIAL- URANIUM", as previously required by the regulations.

3C.5.2 Each counterweight is durably and legibly labeled or marked with the identification of the manufacturer and the statement: "Unauthorized Alterations Prohibited"¹⁵; and

¹⁵ The requirement specified in 3C.5.2 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, "CAUTION- RADIOACTIVE MATERIAL- URANIUM", as previously required by the regulations.

3C.5.3 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.

3C.6 Natural or depleted uranium used as shielding constituting part of any shipping container, provided that:

3C.6.1 The shipping container is conspicuously and legibly impressed with the legend "Caution-Radioactive Shielding- Uranium"; and

3C.6.2 The uranium metal is encased in mild steel or equally fire resistant metal of minimum wall thickness of 1/8 inch (3.2 mm).

3C.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 3C.7 shall not be deemed to authorize either:

3C.7.1 The shaping, grinding, or polishing of such lens 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

3C.7.2 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.

3C.8 Reserved

3C.9 Thorium contained in any finished aircraft engine part containing nickel-thoria alloy, provided that

3C.9.1 The thorium is dispersed in the nickel-thoria alloy in the form of finely divided thoria (thorium dioxide); and

3C.9.2 The thorium content in the nickel-thoria alloy does not exceed 4 percent by weight.

3C.10 No person may initially transfer for sale or distribution a product containing source material to persons exempt under 3C.1 through 3C.10, or equivalent regulations of the NRC or an Agreement State, unless authorized by a license issued under 10 CFR Part 40.52 by the NRC to initially transfer such products for sale or distribution.

3C.10.1 Persons authorized to manufacture, process, or produce these materials or products containing source material by the Department, an Agreement State, and persons who import finished products or parts, for sale or distribution must be authorized by a license issued under 10 CFR Part 40.52 by the NRC for distribution only and are exempt from the requirements of part 4, part 10, and 3.9.1 and 3.9.2.

3C.11 Except for persons who apply radioactive material to, or persons who incorporate radioactive material into, the following products, any person is exempt from these regulations to the extent that the person receives, possesses, uses, transfers, owns, or acquires the following products¹⁶:

¹⁶ Authority to transfer possession or control by the manufacturer, processor, or producer of any equipment, device, commodity, or other product containing byproduct material whose subsequent possession, use, transfer, and disposal by all other persons are exempted from regulatory requirements may be obtained only from the U.S. Nuclear Regulatory Commission, Washington, D.C. 20555.

3C.11.1 Timepieces or hands or dials containing not more than the following specified quantities of radioactive material and not exceeding the following specified radiation dose rate:

3C.11.1.1 925 MBq (25 mCi) of tritium per timepiece.

3C.11.1.2 185 MBq (5 mCi) of tritium per hand.

3C.11.1.3 555 MBq (15 mCi) of tritium per dial (bezels when used shall be considered as part of the dial).

3C.11.1.4 3.7 MBq (100 µCi) of promethium-147 per watch or 7.4 MBq (200 µCi) of promethium-147 per any other timepiece.

3C.11.1.5 0.74 MBq (20 µCi) of promethium-147 per watch hand or 1.48 MBq (40 µCi of promethium-147 per other timepiece hand.

3C.11.1.6 2.22 MBq (60 µCi) of promethium-147 per watch dial or 4.44 MBq (120 µCi) of promethium-147 per other timepiece dial (bezels when used shall be considered as part of the dial).

3C.11.1.7 The radiation dose rate from hands and dials containing promethium-147 will not exceed, when measured through 50 milligrams per square centimeter of absorber:

(1) For wristwatches, 1 µGy (0.1 mrad) per hour at 10 centimeters from any surface.

(2) For pocket watches, 1 µGy (0.1 mrad) per hour at 1 centimeter from any surface.

(3) For any other timepiece, 2 µGy (0.2 mrad) per hour at 10 centimeters from any surface.

3C.11.1.8 37 kBq (1 µCi) of radium-226 per timepiece in intact timepieces manufactured prior to November 30, 2007;

3C.11.2 Static elimination devices and Ion generating tubes

3C.11.2.1 Static elimination devices which contain, as a sealed source or sources, byproduct material consisting of a total of not more than 18.5 MBq (500 uCi) of polonium-210 per device.

3C.11.2.2 Ion generating tubes designed for ionization of air that contain, as a sealed source or sources, byproduct material consisting of a total of not more than 18.5 MBq (500 uCi) of polonium-210 per device or of a total of not more than 1.85 GBq (50 mCi) of hydrogen-3 (tritium) per device.

3C.11.2.3 Such devices authorized before October 23, 2012 for use under the general license then provided in 3.6 and equivalent regulations of the NRC and Agreement States and manufactured, tested, and labeled by the manufacturer in accordance with the specifications contained in a specific license issued by the NRC.

3C.11.3 Precision balances containing not more than 37 MBq (1 mCi) of tritium per balance or not more than 18.5 MBq (0.5 mCi) of tritium per balance part manufactured before December 17, 2007;

3C.11.4 Marine compasses containing not more than 27.8 GBq (750 mCi) of tritium gas and other marine navigational instruments manufactured before December 17, 2007 containing not more than 9.25 GBq (250 mCi) of tritium gas;

3C.11.5 Ionization chamber smoke detectors containing not more than 1 microcurie (µCi) of americium-241 per detector in the form of a foil and designed to protect life and property from fires.

3C.11.6 Electron tubes, provided that:

3C.11.6.1 Each tube does not contain more than one of the following specified quantities of radioactive material:

(1) 0.55 GBq (150 mCi) of tritium per microwave receiver protector tube or 370 MBq (10 mCi) of tritium per any other electron tube;

(2) 37 kBq (1 µCi) of cobalt-60;

(3) 185 kBq (5 µCi) of nickel-63;

(4) 1.11 MBq (30 µCi) of krypton-85;

(5) 185 kBq (5 µCi) of cesium-137;

(6) 1.11 MBq (30 µCi) of promethium-147; and further

3C.11.6.2 The radiation dose rate from each electron tube containing radioactive material will not exceed 10 µGy (1 mrad) per hour at 1 centimeter from any surface when measured through 7 milligrams per square centimeter of absorber;¹⁷

¹⁷ For purposes of 3C.11.6, "electron tubes" include spark gap tubes, power tubes, gas tubes including glow lamps, receiving tubes, microwave tubes, indicator tubes, pick up tubes, radiation detection tubes, and any other completely sealed tube that is designed to conduct or control electrical currents.

3C.11.7 Ionizing radiation measuring instruments containing, for purposes of internal calibration or standardization, one or more sources of radioactive material, provided that:

3C.11.7.1 Each source contains no more than one exempt quantity set forth in Schedule 3B of this part; and

3C.11.7.2 Each instrument contains no more than 10 exempt quantities. For purposes of this requirement, an instrument's source(s) may contain either one or different types of radionuclides and an individual exempt quantity may be composed of fractional parts of one or more of the exempt quantities in Schedule 3B of this part, provided that the sum of such fractions shall not exceed unity.

3C.11.7.3 For americium-241, 1.85 kBq (0.05 µCi) is considered an exempt quantity under 3C.11.7;

3C.12 Self-luminous products containing radioactive material containing tritium, krypton-85, or promethium-147.

3C.12.1 Except for persons who manufacture, process, or produce self-luminous products containing tritium, krypton-85, or promethium-147, any person is exempt from these regulations to the extent that such person receives, possesses, uses, transfers, owns, or acquires tritium, krypton-85 or promethium-147 in self-luminous products manufactured, processed, produced, imported, or transferred in accordance with a specific license issued by NRC pursuant to section 32.22 of 10 CFR Part 32 , which license authorizes the transfer of the product to persons who are exempt from regulatory requirements.

3C.12.2 Any person who desires to manufacture, process, or produce, or initially transfer for sale or distribution self-luminous products containing tritium, krypton-85, or promethium-147 for use under 3C.12.1, should apply for a license under 32.22 of 10 CFR Part 32 and for a certificate of registration in accordance with 32.210 of 10 CFR Part 32.

3C.12.3 The exemption in this section does not apply to tritium, krypton-85, or promethium-147 used in products for frivolous purposes or in toys or adornments.

3C.13 Gas and aerosol detectors containing radioactive material.

3C.13.1 Except for persons who manufacture, process, produce, or initially transfer for sale or distribution gas and aerosol detectors containing radioactive material, any person is exempt from the requirements for a license set forth in the Act and from the regulations in 3, 4, 5, 7, 10, 16, and 19 to the extent that such person receives, possesses, uses, transfers, owns, or acquires radioactive material in gas and aerosol detectors designed to protect health, safety, or property and manufactured, processed, produced, or initially transferred in accordance with a specific license issued by the NRC¹⁸ pursuant to section 32.26 of 10 CFR Part 32 , which license authorizes the initial transfer of the detectors to persons who are exempt from regulatory requirements. This exemption also covers gas and aerosol detectors manufactured or distributed before November 30, 2007, in accordance with a specific license issued by the NRC or an Agreement State under comparable provisions to 10 CFR Part 32.26 authorizing distribution to persons exempt from regulatory requirements.

¹⁸ Authority to transfer possession or control by the manufacturer, processor, or producer of any equipment, device, commodity, or other product containing byproduct material whose subsequent possession, use, transfer, and disposal by all other persons are exempted from regulatory requirements may be obtained only from the U.S. Nuclear Regulatory Commission, Washington, D.C. 20555.

3C.13.2 Any person who desires to manufacture, process, or produce gas and aerosol detectors containing byproduct material, or to initially transfer such products for use under 3C.13.1, should apply for a license under paragraph 32.26 of 10 CFR Part 32 and for a certificate of registration in accordance with 32.210 of 10 CFR Part 32.

3C.13.3 Gas and aerosol detectors previously manufactured and distributed to general licensees in accordance with a specific license issued by a state shall be considered exempt under 3C.13.1, provided that the device is labeled in accordance with the specific license authorizing distribution of the generally licensed device, and provided further that they meet the requirements of 3.12.4.

3C.14 Radioactive drug capsules containing carbon-14 urea for "in vivo" diagnostic use for humans.

3C.14.1 Except as provided in paragraphs 3C.14.2 and 3C.14.3, any person is exempt from the regulations in this part provided that such person receives, possesses, uses, transfers, owns, or acquires capsules containing 37 kBq (1 µCi) carbon-14 urea (allowing for nominal variation that may occur during the manufacturing process) each, for "in vivo" diagnostic use for humans.

3C.14.2 Any person who desires to use the capsules for research involving human subjects shall apply for and receive a specific license pursuant to Part 7.

3C.14.3 Nothing in this section relieves persons from complying with applicable FDA, federal, and state requirements governing receipt, administration, and use of drugs.

3C.15 Certain industrial devices

3C.15.1 Except for persons who manufacture, process, produce, or initially transfer for sale or distribution industrial devices containing byproduct material designed and manufactured for the purpose of detecting, measuring, gauging or controlling thickness, density, level, interface location, radiation, leakage, or qualitative or quantitative chemical composition, or for producing an ionized atmosphere, any person is exempt from the requirements for a license set forth in the Act and from the regulations in parts 3, 4, 5, 7, 10, 16, and 19 to the extent that such person receives, possesses, uses, transfers, owns, or acquires byproduct material, in these certain detecting, measuring, gauging, or controlling devices and certain devices for producing an ionized atmosphere, and manufactured, processed, produced, or initially transferred in accordance with a specific license issued by the NRC under 10 CFR Part 32.30 , which license authorizes the initial transfer of the device for use under this section. This exemption does not cover sources not incorporated into a device, such as calibration and reference sources.

3C.15.2 Any person who desires to manufacture, process, produce, or initially transfer for sale or distribution industrial devices containing byproduct material for use under 3C.15.1, should apply for an NRC license under 10 CFR Part 32.30 and for a certificate of registration in accordance with 10 CFR Part 32.210.

6 CCR 1007-1-3-C

Colorado Register, Vol 37, No. 14. July 25, 2014, effective 8/14/2014

38 CR 02, January 25, 2015, effective 2/14/2015

38 CR 05, March 10, 2015, effective 3/30/2015

38 CR 12, June 25, 2015, effective 7/15/2015

38 CR 14, July 25, 2015, effective 8/14/2015

39 CR 02, January 25, 2016, effective 2/14/2016

39 CR 16, August 25, 2016, effective 9/14/2016

39 CR 22, November 25, 2016, effective 12/15/2016

40 CR 11, June 10, 2017, effective 6/30/2017

40 CR 20, October 25, 2017, effective 11/14/2017

42 CR 24, December 25, 2019, effective 1/14/2020

43 CR 14, July 25, 2020, effective 8/14/2020

43 CR 18, September 25, 2020, effective 10/15/2020

44 CR 11, June 10, 2021, effective 7/15/2021

44 CR 14, July 25, 2021, effective 8/14/2021

45 CR 22, November 25, 2022, effective 12/15/2022

46 CR 21, November 10, 2023, effective 12/15/2023