Information Notice 1993-14, Clarification of 10 CFR 40.22, Small Quantities of Source Material

Clarification of 10 CFR 40.22, Small Quantities of Source Material

ML031080108
Person / Time
Site:	Beaver Valley, Millstone, Hatch, Monticello, Calvert Cliffs, Dresden, Davis Besse, Peach Bottom, Browns Ferry, Salem, Oconee, Mcguire, Nine Mile Point, Palisades, Palo Verde, Perry, Indian Point, Fermi, Kewaunee, Catawba, Harris, Wolf Creek, Saint Lucie, Point Beach, Oyster Creek, Watts Bar, Hope Creek, Grand Gulf, Cooper, Sequoyah, Byron, Pilgrim, Arkansas Nuclear, Three Mile Island, Braidwood, Susquehanna, Summer, Prairie Island, Columbia, Seabrook, Brunswick, Surry, Limerick, North Anna, Turkey Point, River Bend, Vermont Yankee, Crystal River, Haddam Neck, Ginna, Diablo Canyon, Callaway, Vogtle, Waterford, Duane Arnold, Farley, Robinson, Clinton, South Texas, San Onofre, Cook, Comanche Peak, Yankee Rowe, Maine Yankee, Quad Cities, Humboldt Bay, La Crosse, Big Rock Point, Rancho Seco, Zion, Midland, Bellefonte, Fort Calhoun, FitzPatrick, McGuire, LaSalle, Fort Saint Vrain, Shoreham, Satsop, Trojan, Atlantic Nuclear Power Plant
Issue date:	02/18/1993
From:	Cunningham R NRC/NMSS/IMNS
To:
References
IN-93-014, NUDOCS 9302110350
Download: ML031080108 (5)

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

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 r 9E

9 X- q

4 IN 93-14 February 18, 1993 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.

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

Attachment 1 IN 93-14 February 18, 1993 LIST OF RECENTLY ISSUED

NMSS INFORMATION NOTICES

Information Date of

Notice No. Subject Issuance Issued to

93-10 Dose Calibrator Quality 02/02/93 All Nuclear Regulatory

Control Commission medical

licensees.

93-07 Classification of Trans- 02/01/93 All Licensees required to

portation Emergencies have an emergency plan.

93-05 Locking of Radiography 01/14/93 All Nuclear Regulatory

Exposure Devices Commission industrial

radiography licensees.

93-04 Investigation and Re- 01/07/93 All U.S. Nuclear Regulatory

porting of Misadministra- Commission medical

tions by the Radiation licensees.

Safety Officer

93-03 Recent Revision to 01/05/93 All byproduct, source, and

10 CFR Part 20 and special nuclear material

Change of Implementa- licensees.

tion Date to

January 1, 1994

92-84 Release of Patients 12/17/92 All Nuclear Regulatory Com- Treated with Temporary mission Medical Licensees.

Implants

92-72 Employee Training 10/18/92 All U.S. Nuclear Regulatory

and Shipper Registra- Commission Licensees.

tion Requirements for

Transporting Radioactive

Materials

92-62 Emergency Response 08/24/92 All U.S. Nuclear Regulatory

Information Require- Commission Licensees.

ments for Radioactive

Material Shipments

Attachment 2 IN 93-14 February 18, 1993 Page I of I

LIST OF RECENTLY ISSUED

NRC INFORMATI0N NOTICES

Information Date of

Notice No. Subject Issuance Issued to

93-13 Undetected Modification 02/16/93 All holders of OLs or CPs

of Flow Characteristics for nuclear power reactors.

In the High Pressure

Safety Injection System

) 93-12 Off-Gassing In Auxiliary

Feedwater System Raw

02/11/93 All holders of OLs or CPs

for nuclear power reactors.

Water Sources

93-11 Single Failure Vulner- 02/04/93 All holders of OLs or CPs

ability of Engineered for nuclear power reactors.

Safety Features

Actuation Systems

93-10 Dose Calibrator Quality 02/02/93 All Nuclear Regulatory Com- Control mission medical licensees.

93-09 Failure of Undervoltage 02/02/93 All holders of OLs or CPs

Trip Attachment on for nuclear power reactors.

Westinghouse Model D0-50

Reactor Trip Breaker

93-0 Failure of Residual 02/01/93 All holders of OLs or CPs

Heat Removal Puimp for nuclear power reactors.

Bearings due to High

Thrust Loading

2

93-07 Classification of Trans- 02/01/93 All Licensees required to 0 I

portation Emergencies have an emergency plan. 00 0

0

93-06 Potential Bypass Leak- 01/22/93 All holders of OLs or CPs 2 O

wL0

age Paths Around Filters for nuclear power reactors.

Installed in Ventilation

Systems 2 LU;

lU

93-05 Locking of Radiography 01/14/93 All Nuclear Regulatory

Exposure Devices Commission industrial Zco0 L

radiography licensees.

I-C-

-J

c

Z U.

41CI

OL - operating License

CP

• Construction Permit 2~0 IL

0. CJ

IN 93-14 February 18, 1993 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.

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 I Recent ly Issued NMSS Information Notices

2. List of I Recent ly Issue4 NRC Information Notices

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DATE 11/14/93 1/14/93 1/15/93 1/15/93

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NAME JGreeves: RCunningham: l

DATE 1/15/93 1/21/93 _ n_ _ ___ __

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