United States Nuclear Regulatory Commission - Protecting People and the Environment

U.S. Nuclear Regulatory Commission

No License is Required for a Person to Receive Exempt Quantity Byproduct Material

HPPOS-131 PDR-9111210347

Title: No License is Required for a Person to Receive

Exempt Quantity Byproduct Material

See the letter from T. F. Dorian to P. F. Gustafson

(Illinois Department of Nuclear Safety) dated July 30,

1982. It is an OELD opinion that a person does not need a

license to possess an exempt quantity of byproduct material

even if it was received from a person not licensed under 10

CFR 32.18 to distribute. There are no restrictions on

subsequent transfer, except as provided in 10 CFR 30.18 (c)

and (d). HPPOS-189 and HPPOS-203 contain related topics.

Prior to answering two specific questions, 10 CFR Sections

30.14 and 30.18 were explained. Section 30.14, "Exempt

Concentrations," is divided into four paragraphs.

Paragraph (a) exempts persons from NRC regulations if they

receive, possess, use, transfer, own, or acquire products

or materials that have less than the concentrations of

byproduct material listed in 10 CFR 30.70, "Schedule A -

Exempt Concentrations." Paragraph (b) states that 10 CFR

30.14 does not authorize the import of byproduct material

or products containing byproduct material. Paragraph (c)

exempts from NRC regulations a manufacturer, processor, or

producer in an Agreement State of a product or material

containing byproduct material if that material is less than

the concentrations listed in 10 CFR 30.70 and if it is

introduced into the product or material by a specific

licensee of the NRC or an Agreement State that expressly

authorizes the introduction. This exemption does not apply

to the transfer of byproduct material in foods, beverages,

etc., used by people. Paragraph (d) specifies that a person

who wants to introduce byproduct material into a product or

material that is to be transferred to a person exempted

under Paragraph (a) or under equivalent Agreement State

regulations can do so only under a license issued by the

NRC under 10 CFR 32.11 or under the general license

provided in 10 CFR 150.20.

10 CFR Section 30.18, "Exempt Quantities," is also divided

into four paragraphs. Paragraph (a) exempts persons from

the Commission's regulations if they receive, possess, use,

transfer, own, or acquire byproduct material in individual

quantities, each of which does not exceed that listed in 10

CFR 30.71, "Schedule B." Paragraph (b) exempts from

licensing persons who received byproduct material before

September 15, 1971, under a general license provided in 10

CFR 31.4. Paragraph (c) states that 10 CFR 30.18 does not

authorize for "commercial distribution" the production,

packaging, repackaging, or transfer of byproduct material

or the incorporation of byproduct material into products

intended for commercial distribution. Paragraph (d)

specifies that a person can transfer byproduct material for

commercial distribution in the quantities listed in 10 CFR

30.71 only in accordance with a license issued under 10 CFR

32.18.

The first question concerned whether a facility must have a

license to possess a quantity of radioactive material less

than the exempt quantity as stated in 10 CFR 30.71. NRC

stated that a facility does not need a specific license to

possess an exempt quantity of byproduct material provided

it does not plan on possession for the purposes outlined in

10 CFR 30.18 (c) and (d). The facility does not need

documentation that the byproduct material was received from

a person licensed under 10 CFR 30.18. In addition, exempt

material may be transferred from a facility that possessed

the material as an exempt quantity and the facility is not

responsible for providing labeling; a requirement placed on

the manufacturer as specified in 10 CFR 32.19.

The second question concerned whether a licensee (Facility

A), who had bought an exempt quantity of radioactivity

material from the manufacturer, can give the radioactive

material to Facility B. (As examples, Facility B is not

licensed for the possession of any radioactive material, or

Facility B does possess a radioactive material license, but

it is not licensed for this radioactive material.) In

reply, NRC stated that Facility A may give an exempt

quantity of material to Facility B provided that it does

not transfer the material as part of a commercial

distribution under the provisions of 10 CFR 30.18 (c) and

(d) or does not have reason to believe Facility B will

transfer the material for purposes of commercial

distribution to persons exempt under 10 CFR 30.18 or

equivalent Agreement State regulations. Therefore, Facility

A may transfer the material provided it is an exempt

quantity and that paragraphs (c) and (d) of 10 CFR 30.18 do

not apply.

Regulatory references: 10 CFR 30.14, 10 CFR 30.18, 10 CFR

30.71

Subject codes: 3.5, 3.8

Applicability: All

Page Last Reviewed/Updated Thursday, March 29, 2012