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
