NRC rule lets DOE contractors train responders without individual exemptions

WASHINGTON, Oct 5 — A direct final rule the U.S. Nuclear Regulatory Commission (NRC) published on Monday lets Department of Energy (DOE) contractors use set quantities of radioactive material to train law enforcement and emergency response personnel without first getting approval from the commission.

DOE contractors currently submit about 29 exemption requests each year, according to the rule. They need an exemption from the NRC whenever the training takes place outside a federal government-owned or controlled site, the agency said.

The standing exemption covers only temporary training activities. The contract must also specify leak testing, operating, emergency and security procedures. Sealed sources containing Ir-192 must be below 150 Ci. Sealed sources not listed in the NRC's table of Category 1 and Category 2 security quantities must be below 20 millicuries per source and 100 millicuries in aggregate.

Source material is capped at 100 millicuries for sealed sources and 10 millicuries for unsealed sources, according to the rule.

The NRC said that since 2001 it has evaluated these exemption requests "without identifying any safety issues."

The agency estimated the full rule, including its expanded exemptions for byproduct material, would produce net savings of $6.1 million, undiscounted, over the five-year period from 2027 to 2031. Of that, it estimated savings of $626,000 for DOE contractors.

The rule takes effect on Dec 21, 2026, unless the NRC receives significant adverse comments by Nov 4, 2026. Once Agreement States adopt the rule, the exemptions would also apply in their jurisdictions, the NRC said.

The NRC said the rulemaking is part of its response to Executive Order 14300, which President Donald J. Trump signed on May 23, 2025.