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Bill Lipton wrote:
>The NRC interprets this otherwise. See HPPOS-190: "... Sections 20.301, 30.14, >30.18, and 40.13(a) of CFR Title 10 do not authorize waste disposal by transfer of >exempt quantities of byproduct and/or source materials to persons who do not hold a >specific NRC license authorizing them to receive it. The health physics position >was written in the context of 10 CFR 20.301, but it also applies to "new" 10 CFR >20.2001..." I think the miscommunication here is due to
the use of the term "exempt quantity". In order to be obtained as "exempt" under
30.14 or 30.18 and State equivalents, a source or device must be manufactured
and distributed under a specific license authorizing same.
A source or quantity of byproduct material
cannot become exempt merely by allowing it to decay to below the "exempt
quantity" or "exempt concentration" limits as contained in 30.71 Schedule B and
30.70 Schedule A respectively. In other words, a licensee can't hang on to waste
or unwanted sources until they decay down to exempt quantities or concentrations
and just throw them out.
The Tables of "Exempt Quantities" and
"Exempt Concentrations" are commonly misinterpreted by licensees and
by regulators as conveying exemption automatically upon quantities below the
stated values. This misconception is so pervasive that it has been nearly
impossible to eradicate. In fact at one point we had tried changing the titles
of these tables in our regs just to avoid this misinterpretation. I believe
that the above referenced position was intended to address the same problem.
The quantity or concentration of
radioactive material in a source is not what determines whether or not is
"exempt". Rather it is the license under which it has been manufactured and
distributed which makes it "exempt".
But once it has been authorized by a
license to be distributed as "exempt" the person receiving it is exempt from
regulation with respect to radiation hazards, including disposal.
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Clayton Bradt, CHP <raldrich@nysnet.net> phone: 518/457-1202 Assoc. Radiophysicist fax: 518/485-7406 NYS Dept. of Labor Radiological Health Unit Blg.12, Rm 169 State Office Campus Albany, NY 12240 *********************************************************************** |