ML20053A085
| ML20053A085 | |
| Person / Time | |
|---|---|
| Site: | 07000687 |
| Issue date: | 05/13/1982 |
| From: | Rouse L NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Voth M UNION CARBIDE CORP. |
| References | |
| NUDOCS 8205240531 | |
| Download: ML20053A085 (5) | |
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MAY ' 31982 RECunningham DRChapell Docket No.70-687 License No. Sh!!-639 e u k
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HBernard Union Carbide Corporation.
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Mr. liarcus Voth, ilanager b
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P. O. Box 234 Tuxedo, NY 10987 S
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This letter is in reference to issues raised by Union Carbide on the relationship between Union Carbide Corporation (UCC) as the licensee, the NRC and liew York State with respect to the research reactor and irradiated material licensed by the NRC and Hew York State at the Tuxedo site. The matter was discussed during a visit to your site by URC staft members in October 1981. Dr. Clark of my staff indicated that we would provide further inforuation regarding our position on this matter.
Three licenses presently exist for the UCC facility:
License No. R-81 by i
HRC's Office of Huclear Reactor Regulation (NRR) for your operating research reactor pursuant to 10 CFR Part 50; License No. SHH-639 by t;RC's Office of Nuclear Material Safety and Safeguards (NMSS) for the possession and use of special nuclear naterial outside of the reactor pursuant to 10 CFR Part 70; and the Radioactive Haterials License issued by New York State for possession and use of other radioactive material incluaing byproduct material outside of the reactor. These three licenses present a situation which we refer to as a " Mixed bucket" case, ia which irradiated naterial contains both special nuclear naterial licensed by llEC and byproduct material licensed by New York State.
The purpose of this letter is to clarify the licensee-authority relationship between Union Carbide, New York State and the NRC with respect to possession and use of byproduct and special nuclear material by Union Carbide and its relationship to the licensed research reactor.
In the following paragraphs we discuss this relationship.
(1) Description of licensing responsibilities:
It is clear under the Atonic Energy Act of 1954, as amended, and the Agreeuent State progran that the ilTC licenses the reactor and all special nuclear naterial since it _is possessed and used in quantities suf ficient to fom a critical nass.
(Under License No. SIN-639235 Union Carbide is authorized to possess and use up to 13 kg of U of which not more than 5 kg can be in the fora of unirradiated material).
See 10 CFR 150.10 and 150.11. The State, on the other hand, issues licenses for all byproduct ano source cateria outstue or the reactor
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(2) The scope of HRC safety and health reviews:
Although HRC regulation is If aited to the reactor and the special nuclear aaterial, the scope of the health and safety review in the process of licensing is not so tightly bounded. For example, 10 CFR 20.1(b) clearly implies that contribution to dose fron unlicensed or non-nRC licensed radioactive asterials must be considered in assuring compliance with 10 CFR Part 20 exposure limitations for both occupational and public health and safety.
The requirements of 10 CFR 20.101,102,103,104,105, and 106 clearly include all sources of radiation in calculation of concentrations of material and consequent exposures of individuals and public.
Likewise, all radioactive materials are included in the surveys and other precautionary neasures required by 10 CFR 20.201, 20.202, and 20.203. Particularly pertinent are the definitions of " radiation area" and "high radiation area" in f 20.202(b) for personnel monitoring, The definitions of these terms include the " mixed bucket" concept and the regulations require the consideration of all sources of radiation
("whole bucket) for conpliance, not just the NRC portion.
Thus, tne scope of licensing review under 10 CFR Part 70 will legitinately include the health and safety effects of the whole " bucket."
In particular,10 CFR 70.23(a)(3) requires a finding that the applicant's proposed equipment and facilities are adequate to protect health and ninimize danger to life and property. When this requireuent is taken together with the requirements in Part 20, it should be evident that 4
the HRC review for issuance of the special nuclear naterial license will include evaluation of the additive effects of the associated byproduct material, even though the latter is not licensed by llRC.
In performing the NRC review, due account will be taken of the State licensing reviews and the NRC licensing action will be coordinated wiph the State's to insure that all health and safety considerations are evaluated by the NRC or the State, and to nininize duplication of ef fo rt.
(3) The scope of Environaental Reviews:
The scope of environnental reviews includes all environmental effects resulting from the activities undertaken as a result of issuance of tha hRC license. These effects include both radiological and nnnradiological environmental consequences.
If the licensee's possession and use of State-licensed byproduct caterial and its environmental effects are in any way dependent upon the NRC special nuclear naterial license then those effects will be included within tne scope of the NRC envirormental review. However, HRC may not be able to condition its licenses to mitigato all possible environmental effects. For excmple, HRC cannot impose conditions that vary the terns of an NPDES permit for the same effluent streaa. See Sec. 511(c)(2) of the Federal Water Pollution en nt rg1 art AnandonnN nf inM, fm Rtat _ R93. (33 Il_ L P.
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(4) Conditions affecting byproduct material in NRC licenses:
The fact that URC nay include within the scope of its safety and environceatal reviews the effects and consequences of related State licensed activities does not generally nean that the NRC license must be conylitioned to protect the public health, safety, and the envirotraent frorytne consequences of the State licensed activities. To the contrary, the' Agreenent State program authorized by Section 274 of the Atomic Energy Act of 1954, as anended, clearly requires an independent state licensing and regulatory structure responsible for protecting public health and safety with respect to source. byproduct, and subcritical i
quantities of spechl nuclear material withO the State. To the extent possible, it is the intent to draw clear linee between aatters of State reguJetory responsibility and NRC regulatory responsibility.
i In "aixed bucket" cases, however, the facts aay warrant a larger NRCsrole' in certain instances.
In such cases special nuclear material (SHM) and byproduct material (products of the fissioning of the special nuclear natorial) are, at times, co-mingicd for the purposes of processing or storage. At the point where the cyproduct material is essentially conpletely separated f ron special nuclear material, processing it should continue under the regulatory control of the Agreement State.
Other byproduct naterial, not as well separcted, which continues in
= process or s'tdrage co-ningled with licensed special nuclear uaterial j will be considered to be subject to HRC regulatory authority on the grounds that safety of handling of the special nuclear material requires riRC control of the co-mingled byproduct naterial at these phases of the
,V process., However, HRC will clotely coordinate its activitics with l
tnose of the Sta6e.
The activity which seems to create the most difficult problem is that of effluent treatnent. Very little special nuclear material mdy be released as an Offluent by the various process activities, but the process involving special nuclear material may cause the i
release of byproduct catorial to an effluent treatment systea.
Additional byproduct uaterial from separately licensed activities l
ruy cos.bine with the effluents to forn t uixture attributule to both activities. We censider that the ef fluent byproduct material is
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" cleanly" separated. Since its regulation by a state agency would not affect the safe handling of the special nuclear material, it is considered for purpose of NRC evaluation primarily state regulated raaterial.
The review procedure for the special nuclear material may suggest the appropriate controls to be applied for these releases. This would aiso apply to operation of the research reactor.
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Union Carbide Ccrporation (5) Reactor related:
Byproduct material ultinately 11censeo by the Sti;g is created in t.e HRC licensed reactor, either by tission in O' targets or utivation of elements in targets composed of non-regulated naterial.
The irradiated targets are noved to the hot cells for further processing and separation of isotopes either through a transfer canal and interlock or by removal from the reactor pool and transfer to the hot cells in a shielded container.
The canal is considered centiguous with the reactor pool, and canal water is continuously mixed with (or an intergral part of) of the reactor cooling system.
Cgistent with paragraph 4 of this letter, the handling of irradiated L
targetsiscoveredintheapproprgeNRClicense. The byproduct material in the irradiated U targets in the canal or in shielded containers prior to processing has not been cleanly separated.
A further consideration is that the presence of tne irradiated targets in the canal, reactor pool, or in containers in the reactor building is significant froa the point of view of health and safety of personnel in reactor operations and potentially significant to reactor safety wnen in the canal or pool--areas clearly under NRC jurisdiction.
Targets composed of non-regulgd caterial include byproduct material after irradiation. As with O targets, the health and safety of reactor operating personnel and reactor safety may be affected by the narner of handling these targets within the reactor pool, canal, and containment. Accordingly, under Section 161(i)(3) of the Atomic Energy Act, the !UtC reactor operating license can he conditioned as necessary to protect health and to minimize danger to life or property with respect to operations in these areas. (For the same reasons the conditions of handling and storage of byproduct and/or special nuclear Udterial in Waste temporarily stored within the reactor pooi or canai can also be included in the reactor operating or the special nuclear material license.)
New York State has reviewed the principles of this analysis of our regulatory responsibilities and has no objections.
If you have any questions regarding this natter, please contact Dr. A. T. Clark of ny staff.
Sincerely, Original signed by LelandC. Rouso -
Leland C. Rouse, Chief Advanced Fuel and Spent Fuel Licensing Branch Division of Fuel Cycle and Eaterial Safety
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cc: Dr. Frank J. Bradley Radiological Health Unit New York State Department of Labor 2 World Trade Center New York, NY 10047 Mr. Thomas J. Cashman, Chief Toxic and Radiation Section New York State Deoartment of Environ-mental Conservation 50 Wolf Road Albany, NY 12223 Mr. Jay Dunkelberger Director Bureau of Nuclear Operations New York State Energy Office Agency Building 2 2 Rockefeller Plaza Albany, NY 12223 l
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