Exempt...

[BLHamrick@aol.com]

Just thought I'd share some info.

I received a response to a memo requesting guidance on disposing of items
manufactured as exempt.  It is my understanding that the response has been
distributed to Agreement State offices, but for those of you who don't work
for an Agreement State program:

When asked about disposal of "exempt items," the NRC responded that it is
important to note the language of the rules in 10 CFR 30 in that PERSONS are
exempt from licensing for certain products, not that the items are exempt per
se.  So:

 "...all items, products, or materials (including smoke detectors) which have
been manufactured and/or dstributed to exempt PERSONS, as authorized in
accordance with an NRC license (or for products containing exempt
concenterations - an Agreement State license), may be disposed without regard
to their radioactivity.  Note however, that manufacturers and/or initial
distributors (all 10 CFR 30.18 commercial distributors) must dispose of
undistributed items in accordance with 10 CFR Part 20."

"NRC has also taken the position that if a specific licensee receives limited
quantities pursuant to the non-commercial provision in 10 CFR 30.18, the
licensee REMAINS SUBJECT TO PART 20 REQUIREMENTS FOR DISPOSAL of these
limited quantities, despite the licensing status of the quantities."

My understanding is that if a PERSON is exempt from licensing he may receive
the items in 10 CFR 30, and throw them away without regard to their
radioactivity, but if  an entity is LICENSED, then ALL disposal of RAM must
be in accordance with 10 CFR 20, and the terms and conditions of the license,
regardless of the quantity, and regardless of whether or not it was
manufactured and distributed per an "E-license."

Just thought y'all might like to know.

Barbara L. Hamrick
Los Angeles County Radiation Management
BLHamrick@aol.com