TITLE 32: ENERGY
CHAPTER II: ILLINOIS EMERGENCY MANAGEMENT AGENCY
SUBCHAPTER b: RADIATION PROTECTION
PART 330 LICENSING OF RADIOACTIVE MATERIAL
SECTION 330.220 GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL


 

Section 330.220  General Licenses − Radioactive Material Other Than Source Material

 

a)         Certain Measuring, Gauging or Controlling Devices and Certain Devices for Producing Light or an Ionized Atmosphere

 

1)         A general license is hereby issued to commercial and industrial firms and to research, educational and medical institutions, individuals in the conduct of their business and State or local government agencies to receive, acquire, possess, use or transfer, in accordance with the provisions of subsections (a)(2) through (9), radioactive material, excluding special nuclear material, contained in devices designed and manufactured for the purpose of detecting, measuring, gauging or controlling thickness, density, level, interface location, radiation, leakage, or qualitative or quantitative chemical composition, or for producing light or an ionized atmosphere.

 

2)         The general license provided by subsection (a)(1) applies only to radioactive material contained in devices that have been manufactured or initially transferred and labeled in accordance with the specifications contained in a specific license issued by the Agency pursuant to Section 330.280(d) or in accordance with the specifications contained in an equivalent specific license issued by the U.S. Nuclear Regulatory Commission, an Agreement State or a Licensing State that authorizes distribution of devices to persons generally licensed by NRC, an Agreement State or a former Licensing State.  The devices shall have been received from a specific licensee described in this subsection (a)(2) or through a transfer made under subsection (a)(3)(L).

 

AGENCY NOTE:  Regulations under the Federal Food, Drug and Cosmetic Act authorizing the use of radioactive control devices in food production require certain additional labeling that is found in 21 CFR 179.21.

 

3)         Any person who receives, acquires, possesses, uses or transfers radioactive material in a device pursuant to the general license described in subsection (a)(1):

 

A)        Shall assure that all labels affixed to the device at the time of receipt, and bearing a statement that removal of the label is prohibited, are maintained on the device and shall comply with all instructions and precautions provided by such labels;

 

B)        Shall assure that the device is tested for leakage of, or contamination by, radioactive material and proper operation of the on-off mechanism and indicator, if any, at no longer than 6-month intervals or at such other intervals as are specified on the device labels; however:

 

i)          A device containing only krypton need not be tested for leakage of, or contamination by, radioactive material; and

 

ii)         A device containing only tritium or not more than 3.7 MBq (100 µCi) of other beta and/or gamma emitting material or 370 kBq (10 µCi) of alpha emitting material or a device held in storage in the original shipping container prior to initial installation need not be tested for any purpose;

 

C)        Shall assure that the tests required by subsection (a)(3)(B) and other testing, installation, servicing and removal from installation involving the radioactive material, its shielding or containment is performed:  

 

i)          In accordance with the instructions provided by the labels; or

 

ii)         By a person holding an applicable specific license from the Agency, NRC or an Agreement State to perform such activities;

 

D)        Shall maintain records showing compliance with the requirements of subsections (a)(3)(B), (C), (H) and, as applicable, (a)(6)(B).  The records shall show the results of tests.  The records shall also show the dates of performance of, and the names of persons performing, physical inventories, testing, installation, servicing and removal from installation of radioactive material or its shielding or containment.  Any person who receives, acquires, possesses, uses or transfers radioactive material in a device pursuant to the general license provided by subsection (a)(1) shall retain these records as follows:

 

i)          A record of a test of an on-off mechanism and indicator or a test for leakage or contamination performed in accordance with subsection (a)(3)(B) shall be retained for 5 years after the next required test is performed or until the device is transferred or disposed of; and

 

ii)         A record of testing, installation, servicing or removal from installation performed in accordance with subsection (a)(3)(C) shall be retained for 5 years from the date of the recorded event or until the device is transferred or disposed of; and

 

iii)        A record of transfer or disposal of a device in accordance with subsection (a)(3)(H) shall be retained for 5 years from the date of the recorded event; and

 

AGENCY NOTE:  Note that this record must be retained after transfer of the device.

 

iv)        A record of a quarterly physical inventory, performed for those devices in storage and not in use in accordance with subsection (a)(6)(B), shall be retained for 5 years after the next required test is performed or until the device is transferred or disposed of;

 

E)        Shall immediately suspend operation of the device if there is a failure of or damage to, or any indication of a possible failure of or damage to, the shielding of the radioactive material or the on-off mechanism or indicator, or upon the detection of 185 Bq (5 nCi) or more removable radioactive material.  The device shall not be operated until it has been repaired by the manufacturer or other person holding an applicable specific license from the Agency, NRC or an Agreement State to repair such devices.  The device and any radioactive material from the device shall be disposed of only by transfer to a person authorized by an applicable specific license to receive the radioactive material in the device or as otherwise approved by the Agency.  A report containing a brief description of the event and the remedial action taken shall be furnished to the Agency within 30 days.  As applicable, the following shall also be furnished to the Agency:

 

i)         A report within 5 days (as required by 32 Ill. Adm. Code 340.1260) if detection of 185 Bq (5 nCi) or more removable radioactive material indicates that a sealed source is leaking or contaminated; and

 

ii)         A plan within 30 days for ensuring that the person's premises and environs are acceptable for unrestricted use if 185 Bq (5 nCi) or more removable radioactive material is detected on the device or failure of or damage to a source is likely to result in contamination of the premises or the environs;

 

F)         Shall not abandon the device containing radioactive material;

 

G)        Shall not export the device containing radioactive material except in accordance with 10 CFR 110, published at 73 Fed. Reg. 78615, December 23, 2008, exclusive of subsequent amendments or editions;

 

H)        Shall transfer or dispose of the device containing radioactive material only:

 

i)          By export as provided by subsection (a)(3)(G);

 

ii)         By transfer to another general licensee as provided by subsection (a)(3)(L);

 

iii)        By transfer to a person authorized to receive the device by a specific license issued by the Agency pursuant to Section 330.280(d) or an equivalent specific license issued by NRC or an Agreement State;

 

iv)        By transfer to a person authorized to perform waste collection by a specific license issued by the Agency, NRC or an Agreement State; or

 

v)         As approved under subsection (a)(3)(K);

 

I)         Shall furnish a written report to the Agency within 30 days after transferring or disposing of the device containing radioactive material.  The notification shall include:

 

i)          The identification of the device by manufacturer's (or initial transferor's) name, model and serial number;

 

ii)         The name, address and license number of the transferee (license number not applicable if exported);

 

iii)        The date of the transfer;

 

iv)        A receipt from the transferee showing the serial number of the device and the date that it was received (not applicable if exported);

 

J)         Shall respond to written requests from the Agency 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, it shall, within that same time period, request a longer period to supply the information to the Agency, by an appropriate method listed in 32 Ill. Adm. Code 310.110.;

 

K)        Shall obtain written approval from the Agency before transferring the device to any other specific licensee not authorized in subsections (a)(3)(H)(i) through (iv); however, a holder of a specific license may transfer a device for possession and use under its own specific license without prior approval, if, the holder:

 

i)          Verifies that the specific license authorizes the possession and use, or applies for and obtains an amendment to the license authorizing the possession and use;

 

ii)         Removes, alters, covers, or clearly and unambiguously augments the existing label (otherwise required by subsection (a)(3)(A)) so that the device is labeled in compliance with 32 Ill. Adm. Code 340.940; however the manufacturer, model number, and serial number must be retained;

 

iii)        Obtains the manufacturer's or initial transferor's information concerning maintenance that would be applicable under the specific license (such as leak testing procedures); and

 

iv)        Reports the transfer under subsection (a)(3)(I).

 

L)        Shall transfer the device to another general licensee only if:

 

i)          The device remains in use at a particular location.  In such case the transferor shall give the transferee a copy of subsection (a), a copy of 32 Ill. Adm. Code 310.40, 330.310, 330.500, 340.1210, 340.1220, 340.1260 and any safety documents identified in the device labels; or

 

ii)         The device is held in storage by an intermediate person in the original shipping container at its intended location of use prior to initial use by a general licensee;

 

M)       Shall furnish a report to the Agency within 30 days after transferring a device containing radioactive material as provided by subsection (a)(3)(L)(i).  The notification shall include:

 

i)          The identification of the device by manufacturer's (or initial transferor's) name, model and serial number;

 

ii)         The transferee's name and mailing address;

 

iii)        The address of the transferee's location of use or storage of the device; and

 

iv)        The name, title and phone number of the responsible individual identified by the transferee in accordance with subsection (a)(3)(N) to have knowledge of, and authority to take actions to ensure compliance with, the appropriate regulations and requirements;

 

N)        Shall appoint an individual responsible for having knowledge of the appropriate regulations and requirements and the authority for taking required actions to comply with appropriate regulations and requirements.  The general licensee, through this individual, shall ensure day-to-day compliance with appropriate regulations and requirements. This appointment does not relieve the general licensee of any of its responsibility in this regard.

 

4)         Any person who receives, acquires, possesses or uses a device identified in subsection (a)(4)(A) shall register with the Agency in accordance with subsection (a)(4)(B):

 

A)        A person shall register devices (i.e., an electron capture detector, gauge, x-ray fluorescence analyzer, or other measuring, gauging or controlling device) containing at least 370 MBq (10 mCi) of cesium-137, 3.7 MBq (0.1 mCi) of strontium-90, 37 MBq (1 mCi) of cobalt-60, 3.7 MBq (0.1 mCi) of radium-226, or 37 MBq (1 mCi) of americium-241, or any other transuranic (i.e., element with atomic number greater than uranium (92)), based on the activity indicated on the label;

 

B)        A person shall register with the Agency no later than 30 days after receiving a device identified in subsection (a)(4)(A).  Registration information shall be in a format prescribed by the Agency and furnished in accordance with subsection (a)(4)(C);

 

C)        When registering with the Agency, a person shall furnish the following and any other information requested by the Agency to track the location and use of a device:

 

i)          The name and mailing address of the general licensee;

 

ii)         The name, title and phone number of the responsible individual designated as a representative of the general licensee in accordance with subsection (a)(3)(N);

 

iii)        Information about each device meeting the criteria of subsection (a)(4)(A).  This information shall include the manufacturer (or initial transferor), model, serial number, radionuclide and activity as indicated on the labels, and the calendar quarter and year the person received the device;

 

iv)        The address or locations at which the devices are used or stored;

 

AGENCY NOTE:  For portable devices, these are the addresses of the primary places of storage.

 

v)         Certification by the responsible individual that the information about devices was verified through a physical inventory and examination of label information; and

 

vi)        Certification by the responsible individual that the general licensee is aware of the requirements of the general license;

 

AGENCY NOTE:  Fee requirements for general licenses are in 32 Ill. Adm. Code 331.  Reporting requirements are in Section 330.310(b), and bankruptcy notification requirements are in Section 330.310(j).

 

D)        Any person who is required by subsection (a)(4) to register with the Agency shall report a change in mailing address or address of location of use or storage. This report shall be furnished to the Agency within 30 days after the change.

 

AGENCY NOTE:  For portable devices, this is the address of the primary place of storage.

 

5)         A person from out of state who is generally licensed by NRC or an Agreement State with respect to a device identified in subsection (a)(4)(A) is exempt from the registration requirement in subsection (a)(4) if the device is used in areas subject to Agency jurisdiction for a period less than 180 days in any calendar year.

 

6)         Any person who receives, acquires, possesses or uses radioactive material in a device under the general license described in subsection (a)(1) shall limit storage of a device that is not in use to a maximum of 2 years.

 

A)        If a device with a shutter is not being used, the shutter shall be locked in the closed position.  Testing for leakage of, or contamination by, radioactive material and for proper operation of the on-off mechanism and indicator is not required during the storage period.  However, the testing required in subsection (a)(3)(B) shall be conducted before the device is returned to service if the device has not been tested within the required test interval. 

 

B)        A device kept in standby for future use is exempt from the 2-year storage limit if the person performs a quarterly physical inventory of the device while it is in standby.  The requirements and exemption of subsection (a)(6)(A) shall apply.

 

AGENCY NOTE:  Record keeping requirements are contained in subsection (a)(3)(D).

 

7)         Failure of any person to comply with the requirements of this subsection (a) may cause the Agency to impose civil penalties in accordance with 420 ILCS 40/36 and 32 Ill. Adm. Code 200.

 

8)         The general license described in subsection (a)(1) does not authorize the manufacture or import of devices containing radioactive material.

 

9)         The general license described in subsection (a)(1) is subject to the provisions of 32 Ill. Adm. Code 310, 326, 331, 340.1210, 340.1220, 340.1260, and 341 and Sections 330.310 and 330.500.  Any person who receives, acquires, possesses, uses or transfers radioactive material in a device pursuant to the general license described in subsection (a)(1) is exempt from the requirements of 32 Ill. Adm. Code 400 and 340 except for the Sections of 32 Ill. Adm. Code 340 specifically identified in subsections (a)(3)(E) and (a)(9).

 

b)         Luminous Safety Devices for Aircraft

 

1)         A general license is hereby issued to receive, acquire, possess and use tritium or promethium-147 contained in luminous safety devices for use in aircraft, provided:

 

A)        Each device contains not more than 370 GBq (10 Ci) of tritium or 11.1 GBq (300 mCi) of promethium-147; and

 

B)        Each device has been manufactured, assembled or initially transferred in accordance with a specific license issued under the provisions of Section 330.280(e) or manufactured or assembled in accordance with a specific license issued by NRC or an Agreement State which authorizes manufacture or assembly of the device for distribution to persons generally licensed by the Agency.

 

2)         Persons who receive, acquire, possess or use luminous safety devices pursuant to the general license in subsection (b)(1) are exempt from the requirements of 32 Ill. Adm. Code 340 and 400, except that they shall comply with the provisions of 32 Ill. Adm. Code 340.1210 and 340.1220.

 

3)         This general license does not authorize the manufacture, assembly, repair, or import of luminous safety devices containing tritium or promethium-147.

 

4)         This general license does not authorize the receipt, acquisition, possession or use of promethium-147 contained in instrument dials.

 

5)         This general license is subject to the provisions of 32 Ill. Adm. Code 310 and 341 and Sections 330.310, 330.400 and 330.500.

 

c)         Ownership of Radioactive Material.  A general license is hereby issued to own radioactive material without regard to quantity. Notwithstanding any other provisions of this Part, this general license does not authorize the manufacture, production, transfer, receipt, possession, use, import, or export of byproduct material.

 

d)         Calibration and References Sources

 

1)         A general license is hereby issued to those persons listed below to receive, acquire, possess, use and transfer, in accordance with the provisions of subsections (d)(4) and (5), americium-241 in the form of calibration or reference sources:

 

A)        Any person who holds a specific license issued by the Agency that authorizes the licensee to receive, possess, use and transfer radioactive material; and

 

B)        Any person who holds a specific license issued by NRC that authorizes the licensee to receive, possess, use and transfer special nuclear material.

 

2)         A general license is hereby issued to receive, possess, use and transfer plutonium in the form of calibration or reference sources in accordance with the provisions of subsections (d)(4) and (5) to any person who holds a specific license issued by the Agency that authorizes the licensee to receive, possess, use and transfer radioactive material.

 

3)         A general license is hereby issued to receive, possess, use and transfer radium-226 in the form of calibration or reference sources in accordance with the provisions of subsections (d)(4) and (5) to any person who holds a specific license issued by the Agency that authorizes the licensee to receive, possess, use and transfer radioactive material.

 

4)         The general licenses in subsections (d)(1) through (3) apply only to calibration or reference sources that have been manufactured or initially transferred in accordance with the specifications contained in a specific license issued to the manufacturer or importer of the sources by NRC pursuant to 10 CFR 32.57 or 70.39,  or that have been manufactured in accordance with the specifications contained in a specific license issued by the Agency, or an Agreement State pursuant to licensing requirements equivalent to those contained in 10 CFR 32.57 or 70.39.

 

5)         The general licenses provided in subsections (d)(1) through (3) are subject to the provisions of 32 Ill. Adm. Code 310, 340, 341 and 400 and Sections 330.310, 330.400 and 330.500.  In addition, persons who receive, acquire, possess, use or transfer one or more calibration or reference sources pursuant to these general licenses:

 

A)        Shall not possess at any one time, at any one location of storage or use, more than 185 kBq (5 µCi) of americium-241, 185 kBq (5 µCi) of plutonium or 185 kBq (5 µCi) of radium-226 in such sources;

 

B)        Shall not receive, possess, use or transfer such source unless the source or the storage container bears a label that includes the following statement or a statement that contains the information called for in this statement:

 

The receipt, possession, use and transfer of this source, Model        , Serial No.               , are subject to a general license and the regulations of the U.S. Nuclear Regulatory Commission or of a state with which the Commission has entered into an agreement for the exercise of regulatory authority. Do not remove this label.

 

CAUTION – RADIOACTIVE MATERIAL – THIS SOURCE CONTAINS (AMERICIUM-241)  (PLUTONIUM) (RADIUM-226). DO NOT TOUCH RADIOACTIVE PORTION OF THIS SOURCE.

 

 

Name of Manufacturer or Importer

 

AGENCY NOTE:  Showing only the name of the appropriate material.

 

 

 

 

 

C)        Shall not transfer, abandon or dispose of the source except by transfer to a person authorized by a license from the Agency, NRC or an Agreement State to receive the source;

 

D)        Shall store the source, except when the source is being used, in a closed container adequately designed and constructed to contain americium-241, plutonium or radium-226 that might otherwise escape during storage; and

 

E)        Shall not use the source for any purpose other than the calibration of radiation detectors or the standardization of other sources.

 

6)         These general licenses do not authorize the manufacture, import, or export of calibration or reference sources containing americium-241, plutonium or radium-226.

 

e)         General License for Use of Radioactive Material for Certain In Vitro Clinical or Laboratory Testing

 

AGENCY NOTE:  The New Drug provisions of the Federal Food, Drug and Cosmetic Act also govern the availability and use of any specific diagnostic drugs in interstate commerce.

 

1)         A general license is hereby issued to any physician, veterinarian, clinical laboratory or hospital to receive, acquire, possess, transfer or use, for any of the following stated tests, in accordance with the provisions of subsections (e)(2) through (6), the following radioactive materials in prepackaged units for use in in vitro clinical or laboratory tests not involving internal or external administration of radioactive material, or the radiation therefrom, to human beings or animals:

 

A)        Carbon-14, in units not exceeding 370 kBq (10 µCi) each.

 

B)        Cobalt-57, in units not exceeding 370 kBq (10 µCi) each.

 

C)        Hydrogen-3 (tritium), in units not exceeding 1.85 MBq (50 µCi) each.

 

D)        Iodine-125, in units not exceeding 370 kBq (10 µCi) each.

 

E)        Mock iodine-125 reference or calibration sources, in units not exceeding 1.85 kBq (50 nCi) of iodine-129 and 185 Bq (5 nCi) of americium-241 each.

 

F)         Iodine-131, in units not exceeding 370 kBq (10 µCi) each.

 

G)        Iron-59, in units not exceeding 740 kBq (20 µCi) each.

 

H)        Selenium-75, in units not exceeding 370 kBq (10 µCi) each.

 

2)         No person shall receive, acquire, possess, use or transfer radioactive material pursuant to the general license established by subsection (e)(1) until he or she has filed the Agency form entitled "Certificate – In Vitro Testing with Radioactive Material Under General License", with the Agency and received from the Agency a validated copy of the form with certification number assigned. No person shall transfer a validated copy of the form to another person without prior written consent of the Agency. The following information shall be furnished to the Agency on the form entitled "Certificate – In Vitro Testing with Radioactive Material Under General License":

 

A)        Name and address of the physician, veterinarian, clinical laboratory or hospital;

 

B)        The location of use; and

 

C)        A statement that the physician, veterinarian, clinical laboratory or hospital has appropriate radiation measuring instruments to carry out in vitro clinical or laboratory tests with radioactive material as authorized under the general license in subsection (e)(1) and that the tests will be performed only by personnel competent in the use of such instruments and in the handling of the radioactive material.

 

3)         A person who receives, acquires, possesses or uses radioactive material pursuant to the general license established by subsection (e)(1) shall comply with the following:

 

A)        The general licensee shall not possess at any one time, pursuant to the general license in subsection (e)(1), at any one location of storage, or use a total amount of iodine-125, iodine-131, selenium‑75, iron-59 and/or cobalt-57 in excess of 7.4 MBq (200 µCi).

 

B)        The general licensee shall store the radioactive material, until used, in the original shipping container or in a container providing equivalent radiation protection.

 

C)        The general licensee shall use the radioactive material only for the uses authorized by subsection (e)(1).

 

D)        The general licensee shall not transfer the radioactive material to a person who is not authorized to receive it pursuant to a license issued by the Agency, NRC or an Agreement State, nor transfer the radioactive material in any manner other than in the unopened, labeled shipping container as received from the supplier.

 

E)        The general licensee shall dispose of the mock iodine-125 reference or calibration sources described in subsection (e)(1)(E) as required by 32 Ill. Adm. Code 340.1010(a).

 

4)         The general licensee shall not receive, acquire, possess or use radioactive material pursuant to subsection (e)(1):

 

A)        Except as prepackaged units that are labeled in accordance with the provisions of an applicable specific license issued pursuant to Section 330.280(g) or in accordance with the provisions of a specific license issued by NRC or an Agreement State that authorizes the manufacture and distribution of iodine-125, iodine‑131, carbon-14, hydrogen-3 (tritium), iron-59, selenium-75, cobalt‑57 or mock iodine-125 to persons generally licensed under this subsection (e) or its equivalent; and

 

B)        Unless one of the following statements, as appropriate, or a statement that contains the information called for in one of the following statements, appears on a label affixed to each prepackaged unit or appears in a leaflet or brochure that accompanies the package:  

 

This radioactive material shall be received, acquired, possessed and used only by physicians, veterinarians, clinical laboratories or hospitals and only for in vitro clinical or laboratory tests not involving internal or external administration of the material, or the radiation therefrom, to human beings or animals.  Its receipt, acquisition, possession, use and transfer are subject to the regulations and a general license of the U.S. Nuclear Regulatory Commission or of a state with which the Commission has entered into an agreement for the exercise of regulatory authority.

 

 

Name of Manufacturer or Importer

 

 

 

 

5)         The physician, veterinarian, clinical laboratory or hospital possessing or using radioactive material under the general license of subsection (e)(1) shall report in writing to the Agency, any changes in the information furnished by the licensee in the "Certificate – In Vitro Testing with Radioactive Material Under General License", Agency Form KLM.006.  The report shall be furnished within 30 days after the effective date of the change.

 

6)         Any person using radioactive material pursuant to the general license of subsection (e)(1) is exempt from the requirements of 32 Ill. Adm. Code 400 and 340, with respect to byproduct materials covered by that general license, except that such persons using the Mock Iodine-125 described in subsection (e)(1)(E) shall comply with the provisions of Sections 340.1010, 340.1210, and 340.1220.

 

f)         Ice Detection Devices

 

1)         A general license is hereby issued to receive, acquire, possess, use and transfer strontium-90 contained in ice detection devices, provided each device contains not more than 1.85 MBq (50 µCi) of strontium-90 and each device has been manufactured or initially transferred in accordance with a specific license issued by NRC or each device has been manufactured or initially transferred in accordance with the specifications contained in a specific license issued by the Agency or an Agreement State to the manufacturer of the device pursuant to licensing requirements equivalent to those in 10 CFR 32.61.

 

2)         Persons who receive, acquire, possess, use or transfer strontium-90 contained in ice detection devices pursuant to the general license in subsection (f)(1):

 

A)        Shall, upon occurrence of visually observable damage, such as a bend or crack or discoloration from overheating to the device, discontinue use of the device until it has been inspected, tested for leakage or contamination and repaired by a person holding a specific license from NRC or an Agreement State to manufacture or service those devices; or shall dispose of the device pursuant to the provisions of 32 Ill. Adm. Code 340.1010(a);

 

B)        Shall assure that all labels affixed to the device at the time of receipt, and that bear a statement that prohibits removal of the labels, are maintained on the device; and

 

C)        Are exempt from the requirements of 32 Ill. Adm. Code 340 and 400 except that such persons shall comply with the provisions of 32 Ill. Adm. Code 340.1010(a), 340.1210, 340.1220 and 340.1260.

 

3)         This general license does not authorize the manufacture, assembly, disassembly, repair, or import of strontium-90 in ice detection devices.

 

4)         This general license is subject to the provisions of 32 Ill. Adm. Code 310 and 341 and Sections 330.310, 330.400 and 330.500.

 

g)         Certain Items and Self-Luminous Products Containing Radium-226

 

1)         A general license is hereby issued to any person to acquire, receive, possess, use or transfer, in accordance with the provisions of this subsection (g), radium-226 contained in the following products manufactured prior to November 30, 2007:  

 

A)        Antiquities originally intended for use by the general public.  For the purposes of this subsection (g)(1)(A), antiquities means 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;

 

B)        Intact timepieces containing greater than 37 kBq (1 µCi), nonintact timepieces and timepiece hands and dials no longer installed in timepieces;

 

C)        Luminous items installed in air, marine or land vehicles;

 

D)        All other luminous products, provided that no more than 100 items are used or stored at the same location at any one time; and

 

E)        Small radium sources containing no more than 37 kBq (1 µCi) of radium-226.  For the purposes of this subsection (g)(1)(E), "small radium sources" means discrete survey instrument check sources, sources contained in radiation measuring instruments, sources such as cloud chambers and spinthariscopes used in educational demonstrations, electron tubes, lightning rods, ionization sources, static eliminators or sources otherwise designated by the Agency. 

 

2)         Any person who acquires, receives, possesses, uses or transfers radioactive material under the general license in subsection (g)(1) is exempt from the provisions of 32 Ill. Adm. Code 340 and 400 to the extent that the receipt, possession, use or transfer of radioactive material is within the terms of the general license.  This exemption does not apply to any person specifically licensed under this Part. 

 

3)         Any person who acquires, receives, possesses, uses or transfers radioactive material in accordance with the general license in subsection (g)(1): 

 

A)        Shall notify the Agency within 30 days if there is any indication of possible damage to a product that could result in loss of radioactive material.  The report shall provide a brief description of the event and the remedial action taken; 

 

B)        Shall not abandon a product containing radium-226.  The product and any radioactive material from the product shall only be disposed of in accordance with subsection (g)(3)(D);

 

C)        Shall not export a product containing radium-226, except in accordance with 10 CFR 110, published at 73 Fed. Reg. 78615, December 23, 2008, exclusive of subsequent amendments or editions; and

 

D)        Shall dispose of a product containing radium-226 only in accordance with 32 Ill. Adm. Code 340.1010(a), or by transfer to a person specifically licensed under this Part to receive the radium-226 in the product, or as otherwise approved by the Agency in writing. 

 

4)         The general license in subsection (g)(1) does not authorize the manufacture, assembly, disassembly, repair or import of a product containing radium-226, except that timepieces may be disassembled and repaired.

 

(Source:  Amended at 46 Ill. Reg. 866, effective December 21, 2021)