Section 0400-20-10-.03 - EXEMPTIONS: SOURCE MATERIAL(1) Any person is exempt from this Chapter to the extent that such person receives, possesses, uses, or transfers source material in any chemical mixture, compound, solution or alloy in which the source material is by weight less than 1/20 of 1 percent (0.05 percent) of the mixture, compound, solution, or alloy.(2) Any person is exempt from this Chapter to the extent that such person receives, possesses, uses or transfers unrefined and unprocessed ore containing source material; provided that, except as authorized in a specific license, such person shall not refine or process such ore.(3) Any person is exempt from the requirements for a license set forth in Chapters 0400-20-04, 0400-20-05, and 0400-20-10 to the extent that such person receives, possesses, uses, or transfers:(a) Any quantities of thorium contained in:1. Incandescent gas mantles;4. Electric lamps for illuminating purposes provided that each lamp does not contain more than 50 milligrams of thorium;5. Germicidal lamps, sunlamps, and lamps for outdoor or industrial lighting provided that each lamp does not contain more than two grams of thorium;6. Rare earth metals and compounds, mixtures, and products containing not more than 0.25 percent by weight of thorium, uranium, or any combination of these; or7. Personnel neutron dosimeters provided that each dosimeter does not contain more than 50 milligrams of thorium.(b) Source material contained in the following products:1. Glazed ceramic tableware manufactured before August 27, 2013, provided that the glaze contains not more than 20 percent by weight source material;2. Piezoelectric ceramic containing not more than two percent by weight source material;3. Glassware containing not more than two 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;4. 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.(c) Photographic film, negatives, and prints containing uranium or thorium.(d) Any finished product or part fabricated of, or containing tungsten or magnesium thorium alloys, provided that the thorium content of the alloy does not exceed four percent by weight and that the exemption contained in this subparagraph shall not be deemed to authorize the chemical, physical, or metallurgical treatment or processing of any such product or part.(e) 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:1. Each counterweight has been impressed with the following legend clearly legible through any plating or other covering: "DEPLETED URANIUM" [Depleting uranium means the source material uranium in which the isotope uranium-235 is less than 0.711 weight percent of the total uranium present];2. Each counterweight is durably and legibly labeled or marked with the identification of manufacturer and the statement: "UNAUTHORIZED ALTERATIONS PROHIBITED"1; and3. The exemption contained in this subparagraph shall not be deemed authorize the chemical, physical, or metallurgical treatment or processing of any such counterweights other than repair or restoration of any plating or other covering.(f) Uranium used as shielding constituting part of any shipping container which is conspicuously and legibly impressed with the legend "CAUTION - RADIOACTIVE SHIELDING - URANIUM" and which is encased in mild steel or equally fire resistant metal of minimum wall thickness of 1/8 inch.(g) 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 this subparagraph shall not be deemed to authorize either:1. The shaping, grinding, or polishing of such lens or mirror 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; or2. The receipt, possession, use or transfer of uranium or thorium contained in contact lenses or in spectacles or in eye pieces in binoculars or other optical instruments.(i) Thorium contained in any finished aircraft engine part containing nickel-thoria alloy, provided that: 1. The thorium is dispersed in the nickel-thoria alloy in the form of finely divided thoria (thorium dioxide); and2. The thorium content in the nickel-thoria alloy does not exceed four percent by weight.(4) The exemptions in paragraph (3) of this rule do not authorize the manufacture of any of the products described.(5) No person may initially transfer for sale or distribution a product containing source material to persons exempt under paragraph (3) of Rule 0400-20-10-.03, unless authorized by a 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 paragraph (3) of Rule 0400-20-10-.03 before August 27, 2013, without specific authorization may continue such distribution for one year beyond this date (August 27, 2013). Initial distribution may also be continued until the U.S. 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 by the Division and persons who import finished products or parts, for sale or distribution must be authorized by a license issued under 10 CFR 40.52 for distribution only and are exempt from the requirements of Chapters 0400-2004 and 0400-20-05.Tenn. Comp. R. & Regs. 0400-20-10-.03
Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed September 1, 2021; effective 11/30/2021.Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.