Re: Tracking Exempt Sources

["Dale E. Boyce" <dale@radpro.uchicago.edu>]

Welllll, before I begin let me point out that we are in an agreement state
so this does not necessarily apply to an NRC licensee. Up until 
recently,we required all radioactive material to be purchased
through our office, except specifically exempt items like smoke
detectors or generally licensed items like LSC's or static eliminators.

We interpreted the letter of the law and treated radioactive materials
purchased in exempt quantities as exempt from our approval process,
inventory, etc.  We still required the purchase to have our approval,
and the receipt came through our office.

During our last inspection, the lead inspector took exception to
this practice.  We were cited and directed to treat exempt quantities
as licensible (unless they were explicitly labelled exempt when
they came in).  Our legal office agreed with our interpretation
of the letter of the law, so we protested the directive.  The
Chief of Inspections understood our argument and requested
guidance from the NRC.  The NRC response was that a licensee may
not "declare" a quantity exempt to avoid the disposal provisions
of 10 CFR 20.  The question wasn't answered since we were not declaring
quatities exempt, they were being acquired in exempt amounts.

We were directed to provide details of how we would assure disposal
and records of disposal in compliance with the regs.  In the meantime
our agreement state regs were changed to say --- any person is
exempt from the provisions of this part to the extent that such person
receives, possesses, uses, tranfers, owns, or acquires radioactive
material in individual quantities each of which does not exceed the
applicable quantity set forth in Appendix B of this Part, PROVIDED
THAT THE MATERIAL WAS DISTRIBUTED PURSUANT TO A LICENSE TO DISTRIBUTE
EXEMPT QUANTITIES.

Since, it requires more effort and attention to detail for my staff
to determine the declaration of exempt status of orders, we now
treat almost everything as licensable.  We do not treat specifically
exempt items as licensable, and purchase of them is not controlled
by our office.

Moreover, the state periodically asks for an inventory of generally
licensed sources.  I would be interested in how others or if others
control and inventory generally licensed stuff.

Dale Boyce
dale@radpro.uchicago.edu

This one requires a disclaimer.  The above statements are the sole
attempt by myself to describe my understanding of our situation.
The message may contain errors.  My employer has no responsibility
for the above statement.