Re: Re[2]: NRC Licensing of Am-241

["Spell, Bill" <bills@deq.state.la.us>]

Barbara, you are correct, and I erred......got caught in my own trap by 
confusing exempt with GL.  The devices are manufactured under specific 
licenses which allow distribution of smoke detectors as exempt, which means 
there is no further control once the manufacturer ships and the individual 
purchases it.  And the NRC does retain control over those licensees.  My 
recollection of that memo is the same as yours in regard to dividing up 
licensable quantities into exempt quantities and shipping them off.  I don't 
recall being able to ship multiple units for disposal except back to the 
manufacturer.  Someone will set us straight on this, I think.

There are, of course, situations where devices containing significant 
quantities of radioactive material (into the multiple Curie range in the 
case of density and level gauges) which may be sold/shipped to "persons 
generally licensed."  However, even though an application is not always made 
and a piece of paper (license) issued, there are some controls (very weak) 
found in the regulations which most companies immediately forget.  The 
states and NRC are studying this matter to come up with a better way of 
doing it, fortunately, IMHO.  The same devices CAN be specifically licensed 
and many times are.

Bill Spell
bills@deq.state.la.us

 ----------
From: radsafe
To: Multiple recipients of list
Subject: Re: Re[2]: NRC Licensing of Am-241
Date: Friday, October 25, 1996 10:50AM

In a message dated 96-10-25 09:29:24 EDT, Bill Spell wrote:

<< Not quite, Ron.  The manufacturer has a specific license to manufacture
and
 distribute the devices to persons generally licensed.  And, single smoke
 detectors may be disposed of via trash to a sanitary landfill.  A dealer,
 manufacturer, etc., cannot dispose of quantities of these at one time in
 this manner, however.  At least, this was it the last time I heard.  >>

Not quite there yet.  The NRC licenses persons to manufacture and distribute
products for exempt distribution.  (They also retain control over
"E-licensees" in Agreement States.)  The persons who receive these items (in
this case smoke detectors) are exempt from licensing and from the 
regulations
parts 20 and 30 (and some others - I don't have my regs with me).  It is 10
CFR 30.20 (I'm pretty sure) which exempts person from these requirements if
they possess, receive, etc. (not manufacture, initially distribute, etc.)
smoke detectors containing Am-241 (as long as those devices were originally
manufactured and distributed under an E-license).

There is a memo which was recently (a few months ago) distributed to the
Agreement States (and, presumably NRC offices) which reiterated the NRC's
position that persons exempt from licensing CAN dispose of smoke detectors,
even in bulk, without regard to their radioactivity.  This does NOT allow 
the
persons licensed to manufacture, distribute, etc. to dispose of these
detectors in that way.

Finally, with regard to the non-commercial transfer of exempt items by
licensees.  I wish I had that memo in front of me, because the issue is
addressed, but I do recall that at least one restriction is that transfers 
of
exempt items cannot be made for the purpose of disposal.  That is, one can't
divide up a non-exempt quantity of material into "exempt quantities" then
transfer them to unlicensed persons for the purpose of disposal.

I hope if I've gotten this all wrong, someone will set me straight.

Barbara L. Hamrick
Los Angeles County - Radiation Management
(We're a contract county, performing inspections for an Agreement State.)
(Lot's of people ask.)
BLHamrick@aol.com

P.S. I do have copies of the aforementioned memo, if the requests aren't
overwhelming, I can fax a copy of the memo.  (I don't have a computerized
version.)