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UNITED STATES NUCLEAR REGULATORY COMMISSION OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS WASHINGTON, D.C. 20555 February 18, 1993 NRC INFORMATION NOTICE 93-14: CLARIFICATION OF 10 CFR 40.22, SMALL QUANTITIES OF SOURCE MATERIAL Addressees All licensees who possess source material Purpose This information notice is provided to alert addressees to possible misapplication of the exemption in 10 CFR 40.22(b). It is expected that licensees will review the information for applicability to their facilities and consider actions, as appropriate, to avoid violations related to possession of small quantities of source material not covered by their specific licenses. However, suggestions contained in this information notice do not new constitute NRC requirements; therefore, no specific action or written response is required. Description of Circumstances In October 1992, NRC conducted a routine inspection of a university in Pennsylvania. During the inspection, a misapplication of the exemption in 10 CFR 40.22(b) was identified. The licensee possessed source material under both a specific and general license and failed to provide coverage, in accordance with the provisions of 10 CFR Parts 19, 20, and 21, for areas where the source material held under the general license was being used. In addition, there was no apparent accountability of material contained under the provisions of the general license. To comply with 10 CFR 40.22, the licensee is currently taking action to provide coverage in accordance with the provisions of 10 CFR Parts 19, 20, and 21, in all areas where source material is present. In addition, an accounting system, for source material held by the licensee, is being developed. Discussion 10 CFR 40.22, Small quantities of source material, authorizes a general license for commercial and industrial firms; research, educational and medical institutions; and Federal, State, and local government agencies to use and transfer not more than 15 pounds of source material at any one time for research, development, educational, commercial, or operational purposes. NRC considers material in storage to be covered by the 15 pound limit. Therefore, a general licensee may not possess more than 15 pounds of source material at any given time. Also, a general licensee may not receive more than a total 9302110350. IN 93-14 February 18, 1993 Page 2 of 2 of 150 pounds of source material in any one calendar year. Furthermore, 10 CFR 40.22(b) grants an exemption from 10 CFR Parts 19, 20, and 21, if the licensee does not also possess source material under a specific license. A specific licensee who possesses source material under both general and specific licenses must comply with 10 CFR Parts 19, 20, and 21, in all locations where source material is held. For example, licensees must comply with worker training requirements in Part 19 and radiological safety and waste disposal requirements in Part 20. Licensees who possess source material (e.g., natural uranium or natural thorium in any form), may wish to determine whether they possess any material that is not covered by their specific license. If so, licensees may wish to review their radiation safety procedures to assure appropriate compliance with 10 CFR Parts 19, 20, 21, and 40. This information notice requires no specific action or written response. If you have questions about the information in this notice, please contact the technical contact listed below or the appropriate regional office. ORIGINAL SIGNED BY Richard E. Cunningham, Director Division of Industrial and Medical Nuclear Safety Office of Nuclear Material Safety and Safeguards Technical contact: Marc Klasky, NMSS (301) 504-2504 Attachments: 1. List of Recently Issued NMSS Information Notices 2. List of Recently Issued NRC Information Notices .
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