Information Notice No. 93-14: Clarification of 10 CFR 40.22, Small Quantities of Source Material

                                 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 



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                                                             February 18, 1993
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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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