U.S. Nuclear Regulatory Commission

Exemption of Thorium-Containing Scrap Under 10 CFR 40.13 (c) (4)

HPPOS-133 PDR-9111210357

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

tungsten-thorium alloys.

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