Re: Exempt...

[Kent Lambert <lambert@allegheny.edu>]

BLHamrick@aol.com wrote:
> 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.  

A person is defined in part 30 as: "any individual, corporation, partnership, 
firm, association, trust, estate, public or private institution, group, 
government agencie other than the Commission or the Department..., any state or 
any political subdivision of or any political entity within a State, any foreign 
 government or nation, or other entity; AND any legal successor, representative, 
agent, or agency of the foregoing.

This definition does NOT exclude licensees.

> "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."

I have a fiestaware plate in my office - does this mean that I cannot dispose of 
it?  It is stored on a licensee's facilities and I have used it as a 
representative of the licensee.  I don't think so.  Further, I see nothing in 
the regulations that prohibits a licensee from using, possessing, storing, or 
transferring exempt quantities or concentrations of radioactive material as 
exempt material.  Can anyone site the regulatory basisi for the above statement. 
 
Note that there is often confusion between generally licensed material and 
exempt material.  A completely different ball of wax.

-- 
Kent Lambert, CHP
lambert@allegheny.edu

All opinions are well reasoned and insightful.
Needless to say, they are not [necessarily] the
opinions of my employer. - paraphrased from Michael Feldman