[ RadSafe ] Exempt Quantity source shipments

[Cary Renquist]

Geo:     "I have talked today with those that are in the know and are in the 
          business of selling exempt quantity sources, they still tell me, no>  
          an unlicensed end user can't TRANSFER and exempt source.We wish it 
          were otherwise"

I think that you are taking a rather broad definition of transfer as it relates to Dan's 
initial question about shipping the sources....   Transfer in the NRC regulatory sense relating 
to exempt sources is transfer of ownership not transport.

As long as the sources were initially transferred by a licensed entity, an individual can transfer 
ownership as well as long as it is not a commercial transfer e.g. giving them to neighbor, donating 
to school, etc. as long as it is not related to a commercial transaction.

The HP position paper that you cite, clearly gives an example of a commercial transfer of ownership.

>From NUREG 1556-8-rev1:
This exemption allows persons to receive, possess, use, own, or acquire small quantities of 
byproduct material and to transfer items such as tissue samples and counting standards to other 
unlicensed persons on an occasional basis, not for commercial benefit, without a distribution license.
When the transfer of byproduct material in individual quantities not exceeding the limits set in §30.71,
Schedule B, occurs for commercial benefit, then §§30.18(c) and (d) apply and the manufacture,
transfer, or distribution to persons exempt from licensing requirements must be specifically licensed.
Therefore, each person engaging in the commercial transfer or distribution of exempt distribution
products must have a license authorizing distribution under §32.18. The commercial transfer of a
product refers to the introduction of a material into the marketplace, whether or not a charge is
assessed for that distribution. Commercial benefit does not necessarily include a monetary exchange


FYI:
Before the EPAct, some states had a 10 exempt quantity possession limit for NORM/ARM sources.

Cary

---
Cary Renquist
cary.renquist at ezag.com


-----Original Message-----
From: radsafe-bounces at radlab.nl [mailto:radsafe-bounces at radlab.nl] On Behalf Of Geo>K0FF
Sent: Friday, 24 July 2009 14:39
To: Wes; radsafe at radlab.nl
Subject: Re: [ RadSafe ] Exempt Quantity source shipments

Wes said:
"Not so. A person may transfer, or in fact do ANYTHING, with a license 
exempt
amount of radioactivity. No license is needed.

A person would only need a license to COMMERCIALLY DISTRIBUTE license exempt
radioactive material."


That makes sense, BUT the NRC says in guidance:

"The second situation in which guidance was sought involved

the distribution of a small number of exempt quantity

"check sources" by an x-ray equipment manufacturer. In

this context, the manufacturer takes the position that

because it distributes the sources to its customers for

"free" (without monetary charge), he is not commercially

distributing them.

The manufacturer is interpreting the term "commercial

distribution" in a limited manner. The NRC views the

meaning of "commercial distribution" as the introduction of

a material into the market place, whether or not a charge

is assessed for that distribution. Because the NRC is

mandated to protect public health and safety from radiation

hazards, it would be absurd to determine the protection of

the public on the basis of whether a charge was made for a

quantity of byproduct material. Therefore, the

distribution is a "commercial distribution" and must be

licensed pursuant to 10 CFR 30.18 (d) and 10 CFR 32.18.

Regulatory references: 10 CFR 30.14, 10 CFR 30.18, 10 CFR

32.11

Subject codes: 3.5, 11.1, 11.3

Applicability: All"

reference here:
http://www.nrc.gov/about-nrc/radiation/protects-you/hppos/hppos203.html


Go figure, but that stance is what all that I talk to inside the "check 
disc" biz think too.

I have talked today with those that are in the know and are in the business 
of selling exempt quantity sources, they still tell me, no>  an unlicensed
end user can't TRANSFER and exempt source.We wish it were otherwise

There is another section in the NRC rules that allows only a maximum of 10 
exempt sources to be purchased or shipped, per transaction. (reference 
30.19)
Otherwise there is no restriction on the number of exempt sources one 
individual can own and use and dispose of ( after defacing) , as long as 
they follow another rule which states:
(e) No person may, for purposes of producing an increased radiation level, 
combine quantities of byproduct material covered by this exemption so that 
the aggregate quantity exceeds the limits set forth in § 30.71, Schedule B,

(reference 30.18 (e))

To be sure, I've asked the NRC at Lyle IL to give me an opinion on this. 
Will report back if it differs. I for one hope it does differ.

George Dowell



----- Original Message ----- 
From: "Wes" <WesVanPelt at verizon.net>
To: "'Geo>K0FF'" <GEOelectronics at netscape.com>; <radsafe at radlab.nl>
Sent: Friday, July 24, 2009 8:51 AM
Subject: RE: [ RadSafe ] Exempt Quantity source shipments


> George said.....
> Hold on Dan. I too talked with Larry about this, and he is of course
> the one to ask about shipping regs. The next question is: Who are you
> shipping it
> to, and do you have a materials license to transfer radioactive materials?
> It is not enough that the material is of exempt quantity, you MUST be
> licensed to transfer even exempt quantity, but not to receive it.
>
> Not so. A person may transfer, or in fact do ANYTHING, with a license 
> exempt
> amount of radioactivity. No license is needed.
>
> A person would only need a license to COMMERCIALLY DISTRIBUTE license 
> exempt
> radioactive material.
>
> Wes Van Pelt
>