Re: Re: NRC REG. Exempting Check Sources

[LIPTONW@detroitedison.com]

--Boundary-1417374-0-0

10 CFR 20.1001(b) states that:  "It is the purpose of the regulations in this 
part to control the receipt, possession, use, transfer, and disposal of 
licensed material by any licensee in such a manner that the total dose to an 
individual (including doses resulting from licensed and unlicensed radioactive 
material and from radiation sources other than background radiation) does not 
exceed the standards for protection against radiation..."  I interpret this to 
mean that if you are NOT a licensee, you can possess "exempt quantities" 
without any NRC regulation, but that, if you ARE a licensee, you are 
responsbile for all radioactive material in your control. 
Also, you must keep in mind that if radioactive material leaves your property, 
the transportation regulations of 49 CFR apply, so simply throwing "exempt" 
sources in the trash would be a DOT violation, in addition to a potential NRC 
violation. 


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Subject:      Re: NRC REG.  Exempting Check Sources
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Some clarifications seem to be in order:

For sealed sources:

The recipient of an exempt source is exempt from 10CFR (or
equivalent).  That means waste, handling, storage, ect... can be done
any old way you wish (as far as being radioactive: this doesn't
exempt you from anybody else's regulations, such as hazardous waste
disposal).

A licensee who uses an exempt source is NOT required to handle that
exempt source in accordance with the license, since the license does
NOT authorize that exempt source in any way, shape or form.  If
anyone tells you differently, politely ask what "exempt from Parts 30-
34, 36 and 39 of this chapter" means [10CFR30.18(a)].  And, if they
say you still have to follow Part 20, ask them what 10CFR20.1002
means (which specifies that Part 20 only applies to licensed
material).

However, the exempt source MUST be initially distributed under an NRC
"E" license.  If the distributer does not have an "E" license, then
the source must be distributed as licensed material.

NOTE: "exempt" is NOT the same as "generally licensed", for which
certain regulatory requirements are imposed upon the recipient.

Wes

*********************************************************************
Wesley M. Dunn, C.H.P.                     512-834-6688
Deputy Director, Licensing                 512-834-6690 (fax)
(Texas) Bureau of Radiation Control        wdunn@brc1.tdh.state.tx.us
*********************************************************************


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