U.S. Nuclear Regulatory Commission
Exemption of Thorium-Containing Scrap Under 10 CFR 40.13 (c) (4)
Title: Exemption of Thorium-Containing Scrap Under 10 CFR
40.13 (c) (4)
See the memorandum from L. Dubinski to R. W. Kirkman (and
others) dated May 9, 1966. This memo states that the
possession of tungsten- or magnesium-thorium scrap with a
thorium content <4% by weight, is exempt from regulations
pursuant to 10 CFR 40.13 (c) (4).
The following is an excerpt from a memorandum from the
Enforcement Branch, Division of State and Licensee
Relations, with which the Division of Compliance concurred:
"Under the provisions of 10 CFR 40.13 (c) (4) any finished
product or part fabricated of or containing
magnesium-thorium alloy with a thorium content not
exceeding 4% by weight is exempt from the regulations in
Part 40, except that the exemption does not extend to the
chemical, physical or metallurgical treatment or processing
of any such product or part."
"Persons who receive possession of scrap containing
magnesium-thorium alloys, in most instances, will have no
definitive information as to the chemical content of the
metal. Accordingly, it does not seem reasonable or
necessary to require these persons to obtain a source
material license to authorize possession of such material."
"The Division of Safety Standards recognizes the problem of
wording in 10 CFR 40.13 (c) (4) and is planning to prepare
an appropriate amendment of Part 40 to clarify that no
license is needed by persons who receive scrap
magnesium-thorium alloy containing not more than 4% by
weight of thorium."
The above quotation deals only with magnesium-thorium
alloys. However, the conclusion is equally applicable to
The net effect of the explanation is to construe "any
finished product or part" to include items that have been
discarded as scrap. Note that the exemption does not
extend to chemical, physical or metallurgical treatment or
processing of the scrap.
Regulatory references: 10 CFR 40.13, 10 CFR 40.22
Subject codes: 3.3, 3.8
Applicability: Source Material