Section 120.103 - Source Material(A) Any person is exempt from 105 CMR 120.100 to the extent that such person receives, possesses, uses, owns, 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% (0.05%) of the mixture, compound, solution, or alloy.(B) Any person is exempt from 105 CMR 120.100 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.(C) Any person is exempt from 105 CMR 120.100, 120.200 and 120.750 to the extent that such person receives, possesses, uses, or transfers: (1) 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 50 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% by weight thorium, uranium, or any combination of these; or(g) personnel neutron dosimeters, provided that each dosimeter does not contain more than 50 milligrams of thorium;(2) source material contained in the following products: (a) glazed ceramic tableware manufactured before August 27, 2013, provided that the glaze contains not more than 20% by weight source material;(b) glassware containing not more than 2% by weight source material or, for glassware manufactured before August 27, 2013, 10% 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 10% 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(d) piezoelectric ceramic containing not more than 2% by weight source material.(3) photographic film, negatives, and prints containing uranium or thorium;(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% 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;(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: (a) each counterweight has been impressed with the following legend clearly legible through any plating or other covering: "DEPLETED URANIUM"1;(b) each counterweight is durably and legibly labeled or marked with the identification of the manufacturer and the statement: "UNAUTHORIZED ALTERATIONS PROHIBITED"1; and(c) 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.(6) 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 c inch (3.2 mm);(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% by weight of thorium or uranium or, for lenses manufactured before August 27, 2013, 30% 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 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; or(b) the receipt, possession, use, or transfer of thorium or uranium contained in contact lenses, or in spectacles, or in eyepieces in binoculars or other optical instruments.(8) 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 4% by weight.(D) The exemptions in 105 CMR 120.103(C) do not authorize the manufacture of any of the products described.(E) No person may initially transfer for sale or distribution a product containing source material to persons exempt under 105 CMR 120.103(C), or equivalent regulations of the NRC or an Agreement State, unless authorized by a license issued by the NRC under 10 CFR 40.52 to initially transfer such products for sale or distribution. Persons authorized to manufacture, process, or produce these materials or products containing source material under a specific license issued by the Agency, and persons who import finished products or parts, for sale or distribution must be authorized by a license issued by NRC under 10 CFR 40.52 for distribution only and are exempt from the requirements of 10 CFR 19, 20 and 40.32(b) and (c). 1 The requirements specified in 105 CMR 120.103(C)(5)(a) and (b) 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 are impressed with the legend, "CAUTION - RADIOACTIVE MATERIAL - URANIUM", as previously required by 105 CMR 120.000.
Amended by Mass Register Issue 1307, eff. 2/26/2016.Amended by Mass Register Issue 1373, eff. 9/7/2018.