Section He-P 4031.06 - General License for Certain Items and Self-luminous Products Containing Radium-226(a) A general license is hereby issued to any person to acquire, receive, possess, use, or transfer, in accordance with provisions of He-P 4031.06(b), (c) , and (d), radium-226 contained in the following products manufactured prior to November 30, 2007. (1) Antiquities originally intended for use by the general public. For the purposes of He-P 4031.06(a) (1) , antiquities mean products originally intended for use by the general public and distributed in the late 19th and early 20th centuries, such as radium emanator jars, revigators, radium water jars, radon generators, refrigerator cards, radium bath salts, and healing pads;(2) Intact timepieces containing greater than 37 kBq (1 microcurie), nonintact timepieces, and timepiece hands and dials no longer installed in timepieces;(3) Luminous items installed in air, marine, or land vehicles;(4) All other luminous products, provided that no more than 100 items are used or stored at the same location at any one time;(5) Small radium sources containing no more than 37 kBq (1 microcurie) of radium-226. For the purposes of He-P 4031.06(a) (5) , "small radium sources" means discrete survey instrument check sources, sources contained in radiation measuring instruments, sources used in educational demonstrations (such as cloud chambers and spinthariscopes), electron tubes, lightning rods, ionization sources, static eliminators, or as designated by the DHHS/RHS.(b) Persons who acquire, receive, possess, use, or transfer byproduct material under the general license issued in He-P 4031.06(a) are exempt from the provisions of He-P 4001.03, He-P 4019 through He-P 4023, and He-P 4030.10(j) , to the extent that the receipt, possession, use, or transfer of byproduct material is within the terms of the general license; provided, however, that this exemption shall not be deemed to apply to any such person specifically licensed under He-P 4031.(c) Any person who acquires, receives, possesses, uses, or transfers byproduct material in accordance with the general license in He-P 4031.06(a) : (1) Shall notify the DHHS/RHS should there be any indication of possible damage to the product so that it appears it could result in a loss of the radioactive material. A report containing a brief description of the event, and the remedial action taken, shall be furnished to the DHHS/RHS within 30 days;(2) Shall not abandon products containing radium-226. The product, and any radioactive material from the product, shall be disposed of according to He-P 4023 or by transfer to a person authorized by a specific license to receive the radium-226 in the product or as otherwise approved by the DHHS/RHS;(3) Shall not export products containing radium-226 except in accordance with U.S. Nuclear Regulatory Commission 10 CFR 110;(4) Shall dispose of products containing radium-226 at a disposal facility authorized to dispose of radioactive material in accordance with any federal or state solid or hazardous waste law, including the Solid Waste Disposal Act, as authorized under the Energy Policy of 2005, by transfer to a person authorized to receive radium-226 by a specific license issued under He-P 4030, or equivalent regulations of an agreement state, or as otherwise approved by the U.S. Nuclear Regulatory Commission;(5) Shall respond to written requests from the DHHS/RHS to provide information relating to the general license within 30 calendar days of the date of the request, or other time specified in the request. If the general licensee cannot provide the requested information within the allotted time, the general licensee shall, within the same time period, request a longer period to supply the information by providing the DHHS/RHS, a written justification for the request.(d) The general license in He-P 4031.06(a) does not authorize the manufacture, assembly, disassembly, repair, or import of products containing radium-226, except that timepieces may be disassembled and repaired.N.H. Admin. Code § He-P 4031.06
Amended by Volume XXXVI Number 45, Filed November 10, 2016, Proposed by #11199, Effective 10/12/2016, Expires 4/12/2017.