Re: NRC Licensing of Am-241

["Wesley M. Dunn" <WDUNN@brc1.tdh.state.tx.us>]

David,

In this case, it is directly derived from NRC requirements.  Am-241 
is regulated as byproduct material.  The NRC has always regulated its 
use (to my knowledge).  The reasons already described (as a decay 
product from byproduct material) probably explain why -- but I 
can't say.  Note that other isotopes often fall into the same gap: 
they can be accelerator or reactor produced, so the NRC regulates it. 

I would guess that, if you can prove the Am-241 you possess is 
accelerator produced, the NRC couldn't enforce any requirements on 
you.  It would then be under state jurisdiction.  However, the 29 
Agreement States don't care where it came from, since it is regulated 
identically.

Hope this helps,

Wes


> Date sent:      Thu, 24 Oct 96 15:46:55 -0500
> Send reply to:  radsafe@romulus.ehs.uiuc.edu
> From:           David W Lee <lee_david_w@lanl.gov>
> To:             Multiple recipients of list <radsafe@romulus.ehs.uiuc.edu>
> Subject:        Re: NRC Licensing of Am-241

> Wes:  As TX is an Agreement State, is your licensing requirement for Am-241
> a licensing requirement that you have laid on IN ADDITION TO normal NRC
> requirements, or does your Am-241 licensing requirement derive strictly from
> NRC an requirement?  If it is a normal NRC requirement, where in Title 10
> does it say that one must have a license to possess/own/process Am-241?
> Where in Title 10 does it say that the NRC has any authority do regulate
> Am-241 considering that fact that Am-241 does not fit any of the NRCs
> definitions of either byproduct, source, or special nuclear material.
> Thanks for your expertise in this regard?
> 

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