Exempt quantities

[BLHamrick@aol.com]

I have been following the comments on "exempt quantity" disposal, and would
like to add my two cents.

There are a few "Health Physics Positions" (HPPOS - NUREG/CR-5569) on "exempt
quantity" possession, transfer and disposal.  Unfortunately, they seem to
conflict with one another in various ways, so rather than settle this
argument, I guess I'll be making it more confusing, but here goes:

HPPOS-150 discusses the exemption contained in 10 CFR 30.20 "Exempt
Quantities", which is essentially the same exemption as that contained in 10
CFR 30.18, except that it authorizes the possession of "gas and aerosol
detectors containing byproduct material," rather than the more generic
"exempt quantities."  (It appears to me 30.20 was necessary because
americium-241 was not given an exempt quantity limit in 30.71, Schedule B,
but they still wanted to exempt smoke detectors from regulation.)  

Anyway, HPPOS-150 states:

"A LICENSEE [emphasis added] who possesses detectors distributed as exempt
items is exempt from regulatory requirements regarding the smoke detectors,
and they may be disposed of as ordinary trash."

HPPOS-131 discusses whether or not a license is required for a person to
receive an exempt quantity of byproduct material (an unusual topic, I might
add, considering that most of us were already under the impression that
"exempt from licensing" meant you didn't need a license. . .).  

In any case, HPPOS-131 states:

". . .a person does not need a license to possess an exempt quantity of
byproduct material even if it was received from a person not licensed under
10 CFR 32.18 to distribute. THERE ARE NO RESTRICTIONS on subsequent transfer,
except as provided in 10 CFR 30.18 (c) and (d)."  30.18 (c) and (d) restrict
transfer for purposes of "commercial distribution."

The statement that there are no restrictions on subsequent transfer says to
me that there are NO RESTRICTIONS on subsequent transfer, although the NRC
might interpret this statement differently.  The HPPOS goes on to ask, "[Can]
a licensee (facility A), who had bought an exempt quantity of radioactivite
material from the manufacturer, give the radioactive material to Facility B?"
 In their example, Facility B is not licensed to possess radioactive material
(like, let's say, a public landfill).  HPPOS-131 ultimately answers the
question by saying, "Therefore, Facility A may transfer the material [to
Facility B] provided it is an exempt quantity and that paragraphs (c) and (d)
of 10 CFR 30.18 [restrictions on commercial distribution] do not apply.

Here comes the tricky part.  HPPOS-190 refers to several memoranda generated
(I presume) at and for the NRC, and eventually asks the question,  "[Does]
OGC [NRC's Office of General Counsel] [have]any legal objection to OIE [I
forget what that stands for] continuing to view 10 CFR 30.18 as NOT
authorizing disposal of exempt quantities of byproduct materials?"

This question is circuitously answered as follows:

"You [meaning Region II, who asked the question] agree with the need for
clarification on the view that 10 CFR 30.18 does not authorize disposal OR
transfer for disposal of the exempt quantities.

"There is no objection to adhering to that view.  A case can be made for it
based upon a long term agency understanding that 10 CFR 30.18 does not
authorize disposal or transfer for disposal. . .Because there is some
confusion in the record, however, it is not risk free.  Therefore, we
continue to urge prompt initiation of a clarifying rule."

That was written, I believe, in January 1987.  Is anyone out there aware of
the "clarifying rule" to which they refer?  Has it been written, and I just
missed it?  ;)

To sum things up, it appears, that one does not need a license to receive
exempt quantities of radioactive material, and you can give them, with no
restrictions, to anyone who wants them, as long as you are not commercially
distributing them, and as long as the recipient DOES NOT INTEND TO DISPOSE OF
THEM (unless they're smoke detectors, in which case you can throw them away
at any time).

These are my personal views and observations.  Please do not blame my
employer.

Barbara L. Hamrick
BLHamrick@aol.com
P.S. The HPPOS are available at the following address:    
ftp://ftp.fedworld.gov/pub/nrc-hpos/nrc-hpos.htm).