ML20126G504
| ML20126G504 | |
| Person / Time | |
|---|---|
| Issue date: | 05/14/2020 |
| From: | Douglas Mandeville Division of Decommissioning, Uranium Recovery and Waste Programs |
| To: | Vontill B Division of Decommissioning, Uranium Recovery and Waste Programs |
| Mandeville D | |
| References | |
| Download: ML20126G504 (8) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 May 14, 2020 MEMORANDUM TO:
Bill Von Till, Chief Uranium Recovery and Materials Decommissioning Branch Division of Decommissioning, Uranium Recovery and Waste Management Office of Nuclear Material Safety and Safeguards FROM:
Douglas Mandeville, Sr. Project Manager Uranium Recovery and Materials Decommissioning Branch Division of Decommissioning, Uranium Recovery and Waste Management Office of Nuclear Material Safety and Safeguards
SUBJECT:
SUMMARY
OF APRIL 23, 2020, MEETING WITH INDUSTRY ON PERSPECTIVES OF ENVIRONMENTAL SAMPLES AND 11e.(2)
BYPRODUCT MATERIAL.
On April 23, 2020, U. S. Nuclear Regulatory Commission (NRC) staff met via teleconference with several licensees in the uranium recovery industry. The purpose of the meeting was to discuss industry perspectives on environmental samples and 11e (2) byproduct material. The list of attendees; meeting agenda; and meeting summary are enclosed.
Enclosures:
- 1. Meeting Summary
- 2. Meeting Attendees
- 3. Meeting Agenda cc: Meeting Attendees (via e-mail)
CONTACT:
Douglas Mandeville, NMSS/DUWP (301) 415-0724
B VonTill
SUBJECT:
SUMMARY
OF APRIL 23, 2020, MEETING WITH INDUSTRY ON PERSPECTIVES OF ENVIRONMENTAL SAMPLES AND 11e.(2) BYPRODUCT MATERIAL.DATE: May 14, 2020 DISTRIBUTION:
B. Pham ADAMS Accession Number:ML20126G504 *Via Email OFFICE DUWP NAME D. Mandeville DATE 05/14/20 OFFICIAL RECORD COPY
MEETING
SUMMARY
DATE:
April 23, 2020 TIME:
1:00 p.m. to 2:05 p.m.
PLACE:
Teleconference PURPOSE:
Discuss Industry Perspectives on Environmental Samples and Section 11e.(2)
Byproduct Material ATTENDEES:
See List of Attendees (Enclosure 2).
BACKGROUND:
By letter dated September 13, 2019 (NRCs Agencywide Documents Access and Management System [ADAMS] Accession Number ML19288A212), Alexco Water and Environment, Inc.
provided its perspectives on possession and use environmental samples that contain small quantities of 11e.(2) byproduct material. The letter was submitted on behalf of a group of analytical laboratories and uranium recovery licensees and contained several options for the NRC staff to consider that would reduce the regulatory burden on these companies. NRC staff held the meeting to clarify its understanding of the letter and better inform its response.
DISCUSSION:
contains the meeting agenda. At the beginning of the meeting, attendees were asked to identify themselves. A summary of the key discussion points from the meeting is provided below.
To start the meeting, the NRC staff reviewed key aspects of its presentation at the 2019 NMA conference. For reference, the presentation is available in ADAMS under Accession No. ML19211D538. The message that we were trying to convey in that presentation was:
licensees should know their site well. During sampling events, the licensee should determine if a sample contains source material, byproduct material, or does not contain licensed material.
If a sample contains source or byproduct material (or has a high likelihood of containing byproduct material), the sample should be labeled as such and should be sent to an appropriately licensed laboratory.
As a reminder, unlike source material, the NRC regulations do not provide for a general license for possession of small quantities of byproduct material, i.e., a de minimis like Part 30. Again, samples known to contain byproduct material need to be identified as such and sent to a properly licensed laboratory.
The NRC staff also reviewed its understanding of the September 2019 letter from Alexco. The NRC staff understands the problem statement presented in the letter relates to regulatory uncertainty. Some analytical laboratories do not possess licenses for 11e.(2) byproduct
material. It is unclear to industry if laboratories are required to obtain licenses to possess, 11e.(2) byproduct material even if a trace quantity of radionuclides is present. The letter also discusses that for some samples, it may be impossible to discern the natural radioactivity from byproduct material (i.e., air particulates, environmental radon, surface water, and groundwater).
Finally, the letter identifies that these technical analyses for 11e.(2) byproduct material are necessary for maintaining compliance with a variety of regulatory regimes arising from NRC/Agreement States, the United States Environmental Protection Agency (EPA), and States.
The NRC staff understands that the September letter provided three options to reduce the regulatory burden in this area for the NRC staffs consideration. The options identified include:
- 1. Issuance of an exemption for possession of small quantities of 11e.(2) byproduct material. The exemption could be limited to quantities of 11e.(2) material used as laboratory samples.
- 2. Develop a general license for receipt, possession, and use of laboratory samples containing 11e.(2) byproduct material.
- 3. Development of a Regulatory Issue Summary to exercise regulatory discretion over this issue.
At the conclusion of the NRC staffs statements, Steve Cohen (Alexco) confirmed that the NRC staff has accurately captured the issue and options presented in its September 2019 letter. Mr.
Cohen also stated that the Regulatory Issue Summary option was included to provide certainty in the near term while options 1 or 2 are pursued.
Key points made by members of the uranium recovery industry during the meeting were as follows:
Laboratory samples containing small quantities of 11e.(2) byproduct material are not a significant risk.
Currently, there is no de-minimus quantity of 11e.(2) byproduct material. However, industry feels there should be one.
The intent of submitting the September 2019 letter was to have the NRC staff address the issue either by issuing an exemption for possession of small quantities of 11e.(2) byproduct material, or by promulgating a rule for a general license for receipt, possession, and use of small quantities of 11e.(2) byproduct material.
Industry asked for clarity on the ramifications of a potential misidentification of laboratory samples.
Industrys position is that a license should not be required to possess and test laboratory samples containing small quantities of 11e.(2) byproduct material and that a bright line distinction is the best way to clarify the issue.
Key points made by the NRC staff during the meeting included:
NRC staff is not saying that all environmental samples need to be treated as containing 11e.(2) byproduct material, just those known to, or where it is highly probable, contain 11e.(2) byproduct material need to be handled accordingly.
NRC staff observes that the existing regulations do not contain a provision allowing laboratory samples containing small quantities of 11e.(2) byproduct material to be exempt from NRC regulation.
NRC staff explained that there is no categorical answer to the question of how misidentified samples would be handled during inspections. The enforcement process would need to be followed.
The staff noted that the options and discussion seem to point to the need for rulemaking to resolve the issue; industry representatives agreed and indicated that part of the September 2019 letters intent was to request consideration of the issue as part of the proposed ISR rulemaking effort.
A key aspect of any rulemaking is a cost-benefit analysis. The NRC staff would need to understand the extent of the issue. NRC staff recognized that some analytical laboratories have obtained the appropriate license to receive, possess, and use small quantities of 11e.(2) byproduct material.
ACTION ITEMS:
No specific action items were discussed during the meeting. The NRC staff is developing a response to Alexcos September 2019 letter.
The meeting concluded at approximately 2:05 pm Eastern Time.
Meeting Attendees Date: Thursday April 23, 2020 Teleconference 1:00 pm to 2:00 pm Topic: Industry Perspectives on Classification of Environmental Samples as 11e.(2) Byproduct Material NAME AFFILIATION Trish Holahan NRC Bo Pham NRC Bill VonTill NRC Doug Mandeville NRC Chris Pugsley Thompson and Pugsley Steve Cohen Alexco Boby Abu-Eid NRC Brittany Bolz NRC Tony Thompson Thompson and Pugsley John Cash UR Energy Marti Poston NRC Adam Gendelman NRC Oscar Paulson WMA Crystal Sheets Energy Labs Walt Nelson Crow Butte Resources Dawn Kolkman Energy Fuels Kathy Weinel Energy Fuels Royal Pond Strata Eric Brandjord Pace Analytical
Ryan Schierman WDEQ Brandi OBrien WDEQ Roger Garling R&D Enterprises Sheryl Garling R&D Enterprises Linda Howell NRC Ryan Johnson State of Utah Arnon Ho Arcadis Steve Brown SHB Inc.
Dominick Orlando NRC Dave Adams Environmental Restoration Group Mike Schierman Environmental Restoration Group Doug Chambers Arcadis
PUBLIC MEETING AGENDA
Discuss Industry Perspectives on Classification of Environmental Samples as 11e.(2) Byproduct Material April 23, 2020 1:00 pm to 2:00 pm eastern time Teleconference MEETING PROCESS:
Time Topic Lead 1:00 pm
Introductions
All 1:10 pm Industry Position on September 13, 2019 letter Alexco (ML19288A212) 1:20 pm Discussion of Environmental Samples NRC/Alexco 1:45 pm Questions from Members of Public Public 1:55 pm Wrap up, identify action items NRC 2:00 pm Adjourn