Section 144-220-N-4 - ExemptionsA. Persons who receive, own, possess, use, process, transfer, distribute, or dispose of TENORM are exempt from the requirements of Part N with respect to any combination of 226Ra and 228Ra if the materials contain, or are contaminated at, concentrations less than 185 becquerel per kilogram (5 pCi/gm) excluding natural background. This exemption does not apply to products that are regulated pursuant to N.13.C. and N.141.B. Persons who receive products or materials containing TENORM distributed in accordance with a specific license issued by the Agency pursuant to N.11.A., or to an equivalent license issued by another Licensing State, are exempt from this Part with regard to those products or materials.C. The distribution, including custom blending, possession, and use and disposal of fertilizers and zircon, zirconia, and zircon products containing TENORM, is exempt from the requirements of this Part.D. TENORM waste regulated by the Comprehensive Environmental Response, Compensation Liability Act (CERCLA 42 USC § 9601 et seq. as amended) or by the Resources Conservation and Recovery Act (RCRA 42 USC § 6901 et seq. as amended) are exempt from this Part.E. Other TENORM shall be exempt when the Agency makes a determination, upon its own initiative or upon request for such determination, that the reasonably maximally exposed individual will not receive a TEDE of more than 1 mSv (0.1 rem) in one year from all exposure pathways. The dose specified in this subsection does not include occupational dose, dose received from background radiation, or dose received as a result of administration of radioactive material to a patient. 1To apply this exemption to equipment such as pipe, it must be determined that the concentration of total radium is less than 85 pCi per gram, excluding the weight of the pipe or object contaminated with TENORM.
10-144 C.M.R. ch. 220, § N-4