Answer to Question #5073 Submitted to "Ask the Experts"

Q

I have observed the removal of the americium-241 source from smoke detectors which were used as check sources because of their low cost. Is the removal or tampering with the americium-241 source illegal? If it is illegal, who is the regulating body and what regulations apply?

A

An interesting question. Americium-241 in smoke detectors is regulated by the US Nuclear Regulatory Commission; the regulatory requirements are given in Title 10, Code of Federal Regulations Part 30. Paragraphs 20 and 36 deal with gas and aerosol detectors containing byproduct material. In addition, some Agreement States may have regulations as well. Whether or not these or other regulations such as 10 CFR 20 or specific state regulations apply to the practice you briefly describe depends on a number of factors including the amount of americium-241 involved (that is, does it exceed the exempt quantity limit) and whether the removal of the americium-241 has been permitted by the appropriate regulatory body or is being done by individuals under the provisions of an extant license. Thus, more details about what is being done are needed. The best way to get the answer to your specific question would be to contact the radiation control group of your state health department or the regional office of the Nuclear Regulatory Commission and provide the group with the specific details of what is being done with the smoke detectors. Note that the proper practice with respect to disposal of americium-241 containing smoke detectors at the end of their lifetime is to return them to the manufacturer, who is required by law to accept them.

Ron Kathren, CHP