Exempt vs. Non-licensed ?

["James P. Tarzia" <tarzijp@naesco.com>]

     I for one appreciate people taking the time to donate their 
     professional (and even non-professional) opinions on this exempt Vs. 
     non-exempt topic.  I have received various conflicting answers from 
     both regulators and licensees over the years regarding several 
     questions pertaining to this issue. 
     
     So lets see if I have it down...From the majority of the past opinions 
     it appears that the following statements are (or at least may be) 
     correct:
     
     1. You can throw away smoke detectors as long as its in small 
     quantities.
     
     2. Its not a good idea to combine large quantities of any exempt 
     device.
     
     3. A licensee may transfer unlimited numbers of single exempt 
     quantities to unlicensed persons as long as its not for disposal or 
     commercial distribution
     
     4. Once a license is issued, the terms of that license and Part 20 
     govern with respect to waste disposal for exempt and non-exempt 
     sources.
     
     5. Exempt quantity and concentration limits cannot be used to release 
     contaminated material or someone with internal or external 
     contamination (this seems obvious). 
     
     6. You need a license to distribute exempt sources for commercial 
     distribution (and commercial distribution does not mean money has to 
     change hands, but only that the source is introduced into the 
     marketplace)
     
       
     Now, lets bring this one step further... 
     
     Many licensees have specific requirements for inventory, storage, etc. 
     regarding non-exempt sources that they receive under their license.  I 
     have been told by regulators that once you receive a source under a 
     license that all of the license requirements apply until the source is 
     transferred or disposed.  Therefore, if a licensee received a 
     non-exempt source that eventually decayed to less than its exempt 
     quantity, the licensee would still have to inventory or control the 
     source as his license dictates. 
     
     Does anyone have a conflicting opinion on this.. especially NRC or 
     agreement state regulators?.. Furthermore, if a non-exempt source 
     (originally received under your license) decays to an activity less 
     than its exempt quantity limit, is it O.K. for you to transfer it to 
     an unlicensed person.  (I would think at a minimum you better maintain 
     paperwork to show that it decayed below the appropriate level before 
     you transferred it).
     
     Thanks in advance for your thoughts
     
     
     Jay Tarzia, CHP
     tarzijp@naesco.com