ML19219A574

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Responds to Forwarding K Mccue Comments on Proposed Rules 10CFR30,32,70 & 150 Re Exempting Tc-99 & Low Enriched U as Residual Contamination in Smelted Alloys. Contamination Considered Insignificant
ML19219A574
Person / Time
Issue date: 01/30/1981
From: Kammerer C
NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA)
To: Gilman B
HOUSE OF REP.
References
FRN-45FR70874, RULE-PR-150, RULE-PR-30, RULE-PR-32, RULE-PR-70 NUDOCS 8102260040
Download: ML19219A574 (2)


Text

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The Hor.orable Benjamin Gilman Uniteo S "ws House of Represn tatives Washington, D.C.

20515

Dear Congressman Gihaan:

Thank you for your letter dated January 6,1931, enclosing comments from your constituent, Kathleen McCue, concerning a notice published in the Federal Recister on October 27, 1930, that the Nuclear Regulatory Comission is considering amending its regulations to exempt from licensing and regulatory requirements technetium-99 and low-enriched uranium as residual contamination in any smelted alloy.

The rulemaking in question was originally undertaken by the Co mission at the request of the Departrent of Energy and pursuant to a 1974 amendment (P.L.93-377) to the Atomic Energy Act (AEA) of 1954.

The rulemaking would permit the recycling of scrap metal from discarded equipment at DOE's uranium enrichment plants.

This scrap metal is sometimes contaminated with small amounts of byproduct or special nuclear material resulting from the enrichment process.

This :ontamination cannot practically be removed but is considered too insignificant to constitute a radiation health or safety problem.

Until Congress amended the AEA in 1974, it was necessary for the Commission to issue a specific license for the possession of this type of radioactive material, no matter how small the quantity.

In mending the Act, Congress gave the Commission the authority to exempt minute quantities of Special nuclear material from its licensing requirements if it finds that a liter. sing exemption "will not constitute an unreasonable risk to the comon defense and security and to the health and safety of the public."

We would like to emphasize that under the proposed amendments persons who smelt scrap contaminated with technetium-99 or low-enriched ura".ium or who are the first transferors of such smelted alloy would not be exempt from licensing requirements.

Such persons would be under license and would be required to submit a description of the decontamination and smelting procedures and sampling and analytical procedures to be used.

This would assure that the smelted alloys subsequently to be used under the exemption meet the proposed maximum contamination limi:.,.

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2 b 0 551 The Honorable Benjamin Gilman It [also should be noted that the scope of the exemption is narrow permitting only the technetium-99 and loMnriched uranium as the contaminants.

Contaminants such as plutonium, high-enriched u,ranium or other transuranics are not included in the exemption.

The Tc-99 aW low-enriched uranium would be minor constituents (less than 5 parts per million (ppm) and 17.5 ppm, respectively) of representative samples of smelted alloys.

The resulting levels of contamination would be at or below those of rany products comonly in use which contain traces of unenriched uranium. For most building materials contain some traces of uranium (cranite, 4.7 ppm; cement, 3.4 ppm; b@yoduct gypsum,13.7 ppm). Dental @990 ppm

example, lain, used in raking false teeth, nas been found to contain from 10 to The U.S. NRC upper limit for unimportant quantities of unenriched uranium.

There is essentially no difference in the nature of uraniun is 500 ppm.

the radioactivity emitted from this unenriched uranium and the low-enriched uranium being considered for exemption.

The NRC staff has prepared a Draft Environmental Impact Statement (EIS) in support of the proposed rule.

Without the exemption, thousands of tons of government-owned nickel, copper, iron and steel scrap would have to be disposed of as radioactive waste at substantial cost to the taxpayers.

If exempted, this metal could be smelted down and resold for in excess Further, energy savings from recycle have been esticated of $40 million.

170,000 barrels of crude oil or 30,000 Mg of at the equivalent of about By comparison with these benefits, the risk of cancer from release coal.

and unrestricted use of the entire inventory of smelted alloy is estimated This means that it is highly unlik'ely to be considerably less than one.

that the recycled alloy would cause even one cancer in one person in the total U.S. populatior,.

Notice of the proposed rule was cade in the Federal Register and the 27, 1980.

To date, over 2,000 public coments have press on OctoberYour constituent's comments will be reviewed along with been received.

these and addressed in the final EIS before any decision is made by the Enclosed for your information Commission on promulgation of a final rule.

is a copy of the October 27,193rgnotice as well as the Draft Environmental Impact Statement.

Your interest in this ratter is appreciated.

Sincerelv, 49 Carlton K

, 'Di,:ctor Cffice of Congre s anal Affairs

Enclosure:

As stated