Section 11-45-18 - Exemptions(a) The following radiation machines are exempt from the requirements of this subchapter: (1) Electronic equipment that produces radiation incidental to its operation for other purposes is exempt from the license and notification requirements of this subchapter, provided that the dose equivalent rate averaged over an area of ten square centimeters does not exceed 0.5 millirem (five microsieverts) per hour at five centimeters from any accessible surface of such equipment;(2) Radiation machines while in transit or storage incident thereto; and(3) Domestic television receivers;(b) The following source material is exempt from the requirements of this subchapter: (1) 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;(2) Unrefined and unprocessed ore containing source material;(3) Any quantities of thorium contained in: (A) Incandescent gas mantles;(D) Electric lamps for illuminating purposes provided that each lamp does not contain more than fifty 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 0.25 percent by weight thorium, uranium, or any combination of these; and(G) Personnel neutron dosimeters, provided that each dosimeter does not contain more than fifty milligrams of thorium;(4) Source material contained in the following products: (A) Glazed ceramic tableware, provided that the glaze contains not more than twenty 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) 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; and(D) Piezoelectric ceramic containing not more than two percent by weight source material;(5) Photographic film, negatives, and prints containing uranium or thorium;(6) 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 any such product or part;(7) 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) 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 C.F.R. Part 40;(B) Each counterweight has been impressed with the following legend clearly legible through any plating or other covering: "DEPLETED URANIUM";(C) Each counterweight is durably and legibly labeled or marked with the identification of the manufacturer and the statement: "UNAUTHORIZED ALTERATIONS PROHIBITED"; and(D) 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;(8) 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 one eighth inch (3.2 millimeters);(9) Thorium contained in finished optical lenses, provided that each lens does not contain more than thirty percent by weight of thorium, and that this exemption shall not be deemed to authorize either: (A) The shaping, grinding, or polishing of such lens or manufacturing processes other than the assembly of such 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;(10) Uranium contained in detector heads for use in fire detection units, provided that each detector head contains not more than 0.005 microcuries of uranium; and(11) 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.(12) Source material licensed by the U.S. Nuclear Regulatory Commission.(c) The following radioactive material other than source material is exempt from the requirements of this subchapter: (1) Products containing radioactive material introduced in concentrations not in excess of those listed in Appendix A of this subchapter;(2) Radioactive material in individual quantities each of which does not exceed the applicable quantity set forth in Appendix B of this subchapter;(3) 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: (A) Twenty-five millicuries (nine hundred twenty-five megabecquerels) of tritium per timepiece;(B) Five millicuries (one hundred eighty-five megabecquerels) of tritium per hand;(C) Fifteen millicuries (five hundred fifty-five megabecquerels) of tritium per dial (bezels when used shall be considered as part of the dial);(D) One hundred microcuries (3.7 megabecquerels) of promethium-147 per watch or two hundred microcuries (7.4 megabecquerels) of promethium-147 per any other timepiece;(E) Twenty microcuries (0.74 megabecquerels) of promethium-147 per watch hand or forty microcuries (1.48 megabecquerels) of promethium-147 per other timepiece hand;(F) Sixty microcuries (2.22 megabecquerels) of promethium-147 per watch dial or one hundred twenty microcuries (4.44 megabecquerels) of promethium-147 per other timepiece dial (bezels when used shall be considered as part of the dial);(G) The radiation dose rate from hands and dials containing promethium-147 shall not exceed, when measured through fifty milligrams per square centimeter of absorber;(H) For wrist watches, 0.1 millirad (one microgray) per hour at ten centimeters from any surface;(I) For pocket watches, 0.1 millirad (one microgray) per hour at one centimeter from any surface;(J) For any other timepiece, 0.2 millirad (two microgray) per hour at ten centimeters from any surface; and(K) One microcurie (thirty-seven kilobecquerels) of radium-226 per timepiece in timepieces acquired before the effective date of this chapter;(4) Lock illuminators containing not more than fifteen millicuries (five hundred fifty-five megabecquerels) of tritium or not more than two millicuries (seventy-four megabecquerels) of promethium-147 installed in automobile locks. The radiation dose rate from each lock illuminator containing promethium-147 shall not exceed one millirad (ten microgray) per hour at one centimeter from any surface when measured through fifty milligrams per square centimeter of absorber;(5) Precision balances containing not more than one millicurie (thirty-seven megabecquerels) of tritium per balance or not more than 0.5 millicurie (18.5 megabecquerels) of tritium per balance part;(6) Automobile shift quadrants containing not more than twenty-five millicuries (nine hundred twenty-five megabecquerels) of tritium;(7) Marine compasses containing not more than seven hundred fifty millicuries (27.8 gigabecquerels) of tritium gas and other marine navigational instruments containing not more than two hundred fifty millicuries (9.25 gigabecquerels) of tritium gas;(8) Thermostat dials and pointers containing not more than twenty-five millicuries (nine hundred twenty-five megabecquerels) of tritium per thermostat;(9) Electron tubes; provided, that each tube does not contain more than one of the following specified quantities of radioactive material: (A) One hundred fifty millicuries (5.55 gigabecquerels) of tritium per microwave receiver protector tube or ten millicuries (three hundred seventy megabecquerels) of tritium per any other electron tube;(B) One microcurie (thirty-seven kilobecquerels) of cobalt-60;(C) Five microcuries (one hundred eighty-five kilobecquerels) of nickel-63;(D) Thirty microcuries (1.11 megabecquerels) of krypton-85;(E) Five microcuries (one hundred eighty-five kilobecquerels) of cesium-137; and(F) Thirty microcuries (1.11 megabecquerels) of promethium-147; And provided further, that the radiation dose rate from each electron tube containing radioactive material shall not exceed one millirad (ten microgray) per hour at one centimeter from any surface when measured through seven milligrams per square centimeter of absorber;
(10) Ionizing radiation measuring instruments containing, for purposes of internal calibration or standardization, one or more sources of radioactive material, provided that: (A) Each source contains no more than one exempt quantity set forth in Appendix B of this subchapter; and(B) Each instrument contains no more than ten 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 Appendix B of this subchapter, provided that the sum of such fractions shall not exceed unity; and(C) 0.05 microcuries (1.85 kilobecquerels) of americium-241;(11) Spark gap irradiators containing not more than one microcuries (thirty-seven kilobecquerels) of cobalt-60 per spark gap irradiator for use in electrically ignited fuel oil burners having a firing rate of at least three gallons (11.4 liters) per hour;(12) Self-luminous products containing radioactive material: (A) Tritium, krypton-85 or promethium-147 in self-luminous products manufactured, processed, produced, imported, or transferred in accordance with a specific license issued by the U.S. Nuclear Regulatory Commission pursuant to 10 C.F.R. §32.22, which authorizes the transfer of the product to persons who are exempt from regulatory requirements; and(B) Articles containing less than 0.1 microcuries (3.7 kilobecquerels) of radium-226 which were acquired before the effective date of this chapter;(13) Radioactive material in gas and aerosol detectors designed to protect life or property from fires and airborne hazards provided that detectors containing radioactive material shall have been manufactured, imported, or transferred in accordance with a specific license issued by the U.S. Nuclear Regulatory Commission pursuant to 10 C.F.R. 32.26, which authorizes the transfer of the detectors to persons who are exempt from regulatory requirements;(14) Synthetic plastic resins containing scandium-46 which are designed for sand consolidation.(15) Radioactive material other than source material licensed by the U.S. Nuclear Regulatory Commission.(d) The following persons are exempt from the requirements of this subchapter: (1) Common and contract carriers, freight forwarders, and warehousemen which are subject to the requirements of the U.S. Department of Transportation in 49 C.F.R. Parts 170 through 189 or the U.S. Postal Service in the Postal Service Manual (Domestic Mail Manual), Section 124.3 incorporated by reference, 39 C.F.R. §111.11(1974), and the U.S. Postal Service are exempt from the requirements of this subchapter to the extent that they transport or store radioactive material in the regular course of their carriage for others or storage incident thereto.(2) Any person who delivers to a carrier for transport a package containing radioactive material having a specific activity not greater than 0.002 microcuries per gram (seventy-four becquerels/gram), or a package containing no more than a Type A quantity of radioactive material which contains no fissile radioactive material.(e) The exhibits at the end of chapter 11-45 entitled "Appendix A of Subchapter 2, Exempt Concentrations (2/2/93)" and "Appendix B of Subchapter 2, Exempt Quantities (2/2/93)", are made a part of this section.[Eff 11/12/99] (Auth: HRS §§ 321-10, 321-11, 321-71) (Imp: HRS §§ 321-1, 321-11(21), 321-71)