Exemption

This Chapter shall not apply to the following sources or conditions, except as noted:

(a)Electrical or other equipment or material that is not intended primarily to produce radiation and that, by nature of design, does not COL120106 CH. 31 RADIOLOGICAL HEALTH produce radiation at the point of nearest approach at a weekly rate higher than one-tenth (1/10) of the appropriate limit generally accepted by the medical profession for any critical organ exposed. The production testing or production servicing of such equipment is not exempt;

(b)Radiation machines during process of manufacture, in storage or transit. The production testing or production servicing of such machines is not exempt;

(c)Any radioactive material while being transported under the jurisdiction of and in conformity with regulations adopted by the Nuclear Regulatory Commission or Department of Transportation or their successors, specifically applicable to the transportation of such radioactive materials;

(d)Any production or utilization facility, as defined in the Federal Atomic Energy Act of 1954, as amended, or, any source of ionizing radiation used in or in connection with the operation of a production or utilization facility pursuant to a license from the Nuclear Regulatory Commission or any successor thereto, except that the Department may collect radiation data and perform environmental monitoring in connection with the operation of any such facility, in accordance with this Subchapter;

(e)Sound and radio waves and visible, infrared and ultraviolet light; and

(f)Any source material, by product material or special nuclear material over which the Nuclear Regulatory Commission or any successor thereto has exclusive regulatory jurisdiction under the Federal Energy Act of 1954, as amended.