Re: NRC Licensing of Am-241

[David Scherer <scherer@uiuc.edu>]

At 01:02 PM 10/25/96 -0500, you wrote:
>David Scherer wrote:
>
>>  Also, if two people gave him the max. exempt quantities of the
>> same nuclide (or you did it twice), he would no longer be exempt, and your
>> transfer would not comply wth 30.41(b).
>
>30.18 says any person is exempt ... to possess ... individual quantities
each of 
>which does not exceed the exempt quantity limit.  There is no limit here or in 
>30.41 on the number of exempt quantities one may possess.
>
Kent-

It is my understanding that the "individual quantities" refers to each
"individual" nuclide.  You are exempt from licensing if you possess 100 uCi
of Sb-122 AND 10 uCi of Sb-124 AND 10 uCi of Sb-125 and so on for each
nuclide on the list.  If you possess two 100 uCi sources of Sb-122, you do
not qualify for the exemption under 30.18.  There are many sources on
campuses that are regulated even though they are individually exempt
quantities: epindorf tubes, electrphoresis gels, and LSC vials, etc.
Clearly, a room with 1,000 of each would be regulated.

If we were able to possess multiple "individual quantities" of the same
isotope, we could save a lot of time and effort.  We could have one central
lab to receive stock vials and alliquot out exempt quantities.  The rest of
campus would be unregulated.  This won't work because it is the total
quantity possessed by the "person" (i.e. campus) that determines whether a
license is required.

>If the licensed material becomes an exempt quantity (by decay or by physically 
>splitting the source) then the person that possesses the exempt quantity
material 
>no longer needs a license.  Then, the material is no longer licensed
material.  

This is the crux of the problem.  The MATERIAL remains byproduct material;
it must be used in accordance with the AEA and 10 CFR.  The MATERIAL is
never exempt.  Some PERSONS may be exempt, if they meet the criteria in 10
CFR 30.18.

>As a result, part 20 does not apply.  And I can do anything I want to with
it.  
>Ta DA, my waste disposal problems are over.  
>
>Somehow, I don't think that's how it works. 
>

I agree; it does not work that way.  The material is your responsibility
until you transfer it to another, authorized person, per 30.41.  You can
transfer it to another licensee (including Barnwell, if you wish).  You can
transfer it to the NRC or an Agreement State (if they'll accept it).  You
can transfer an exempt quantity to someone authorized to receive it under
30.18.  But you cannot simply throw byproduct material into the trash and
call that a "transfer."  (First, it requires their consent.  Second, how do
you know they meet the conditions for this exemption?)

If there were no limit on the number of "individual quantities" a waste
hauler could receive, there would be nothing to stop the scenario you
describe.  In fact, they could probably do a good business, especially with
Tc-99m waste.  However, it is not allowed, and licensees must follow the
decay-in-storage and monitoring, as Barbara described.

Regards,
Dave Scherer
scherer@uiuc.edu