Section 3480. Exemptions

A. Persons who receive, own, possess, use, process, transfer, distribute, or dispose of TENORM are exempt from the requirements of this part (12VAC5-481-3460 et seq.) of this chapter with respect to any combination of radium-226 and radium-228 if the materials contain, or are contaminated at, concentrations less than 185 Bq/kg (5 pCi/gm) excluding natural background. This does not apply to consumer or retail products that are discussed in 12VAC5-481-3560 C and 12VAC5-481-3570. Using purposeful dilution to render TENORM waste exempt shall not be allowed without prior agency approval.

B. Persons who receive products or materials containing TENORM distributed in accordance with a specific license issued by the agency pursuant to 12VAC5-481-3540 1, or to an equivalent license issued by another licensing state, are exempt from these regulations with regard to those products or materials.

C. The distribution, including custom blending, possession, and use of fertilizers containing TENORM, is exempt from the requirements of this part.

D. TENORM waste regulated by CERCLA (The Comprehensive Environmental Response, Compensation, and Liability Act) or RCRA (Resources Conservation and Recovery Act) are exempt from this part.

E. The transportation and storage incident to transportation are governed by other parts of these regulations.

Historical Notes

Derived from Volume 22, Issue 25, eff. September 20, 2006; amended, Virginia Register Volume 24, Issue 18, eff. June 12, 2008.

Statutory Authority

§ 32.1-229 of the Code of Virginia.