ML20128H319

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Responds to Requesting Info on Behalf of SL Carreiro Re New Regulations Pertaining to Nuclear Impregnated Tungsten Welding Electrodes
ML20128H319
Person / Time
Issue date: 01/28/1993
From: Taylor J
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Matsui R
HOUSE OF REP.
Shared Package
ML20128H321 List:
References
CCS, IEIN-92-034, IEIN-92-34, NUDOCS 9302170006
Download: ML20128H319 (9)


Text

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  1. p. 'o, UNITCD STATES l'
  • -c NUCLEAR REGULATORY COMMISSION

, WASHING TON, D. C. 205$5

% January 28, 1993 The Honorable Robert T. Hatsui United S*.ates House of Representatives Washington, DC 20515

Dear Congressman Matsui:

This is written in response to your letter dated January 8,1993, in which you request information, on behalf of Ms. Sandra L. Carreiro, one of your constituents, regarding new regulations pertaining to nuclear impregnated tungsten welding electrodes. The use of thortated welding rods is exempt from licensing; however, the manufacture and/or distribution of these welding rods may be subject to regulatory contrul.

Cnclosure 1 is the Nuclear Regulatory Commission news release dated October 28, 1992, which notices NRC's intent to update regulations governing use of uranium and thorium. The news release summarizes the Advance Wotice of Proposed Rulemaking (ANPRM). Enclosure 2 is a copy of the ANPRM. The focus of this rulemaking is to ensure that the requirements governing source material are comparable to those governing rrdloactive byproduct materials and to bring them into conformance with the Commission's revised radiation protection requirements.

Enclosure 3 is an NRC Information Notice highlighting the new exposure limits' for airborno uranium and thorium. Recent revisions of 10 CFR Part 20 :ontain reduced values for permissible air and water effluents containing thorium.

These values are based on new biological data and dose evaluation methodologies. Title 10 Part 20 is applicable to all licensees, such as manufacturers and distributors of welding rods. The revised regulations become effective January 1, 1994, if you have any further questions, please do not hesitate to contact us.

Sincerely, gpva i p,. James M. Taylor

Executive Director V for Operations

Enclosures:

1. NRC News Release of 10/28/92
2. ANPRM
3. NRC Information Notice No. 92-34 160012 GOV

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r-No.92-158 FOR IMMEDIATE RELEASE Tel. 301-504-2240 (Wednesday, October 28, 1992)

NUCLEAR REGULATORY COMMISSIoli NOTICES IllTEllT TO UPDATE REGULATIOliS GOVER!illiG USE OF URAli1UM AllD THORIUM The Nuclear Regulatory Commission has issued an Advance Notice of Proposed Rulemakirig which will reexamine and update the requirements, contained in Part 40 of its regulations, governing the possession and use of the source materials uranium and thorium.

The focus of this rulemakirg is to ensure that the requirements governing source material are comparable to those governing radioactive byproduct materials and to bring then into conformance with the Commission's revised radiation protection requirements (Part 20 of its regulations).

The Commission's staff also has underway analyses to reevaluata the potential radAation exposure to the public from the various uses of source materials which are exempt from the NRC's licensing requirements as well as the exemptions for byproduct materials contained in Part 30 of the Commission's regulations and may, in the future, reconsider the appropriateness of some of these exemptions.

The Advance Notice of Proposed Rulemaking addresses those issues which the staff has preliminarily identified as being candidates for a Part 40 rulemaking. They are:

1) Improvements in the control of source material released for unrestricted uses through more specific requirements for licensees who commercially distribute products or materials to persons exempt from licensing.
2) Reconsideration of two general licenses contained ir, Part 40. One authorizes commercial and industrial firms, research, educational and medical institutions and Federal, state and local governments to use and transfer not more than 15' pounds of source material at any one time (or not more than 150 pounds per year) for research, development, educational, commercial or operational purposes. The other authorizes, subject to specified conditions, the receipt, acquisition, possession, use or transfer of depleted uranium. contained in industrial products or devices Enclosure 1

for the purpose of providing a concentrated mass in a small volume of the product or device.

3) Possible revisions of the requirer.ents governing specific licensees to make them more specific or detailed and 1 possibly tailored to major categories of use. '
4) Issues involving mills and mill tallings including: the use of alternative feed materisis in uranium mills; the disposal of waste materials that do not meet-the definition of byproduct material in mill tailings compounds; licensing of a-commercial disposal site for mill tailings including wastes from in-situ extraction operations; the disposal of wa.ste from in-situ leaching operations; and the obligation of the NRC to obtain concurrence from the Environmental Protection Agency that NRC-regulations governing uranium mill tailings are comparable to those of the EPA. A separate rulemaking proceeding will be used to conform the NRC's Part 40 requirements governing radon emissions from the operation of uranium mills and the disposition of tailings or wastes to those being proposed by the Environmental Protection Agency.

Part 40 was first promulgated by the former Atomic Energy Commission in 1947 and, with one exception, has not been systematically reviewed for effectiveness and concistency with other NRC regulations since that time. In 1961, the requirements in Part 40 were amended to establish licensing procedures, terms and conditions for source material that were substantially similar to those for byproduct material set forth at that time in ,

Part 30 of the Commission's regulations.

Accordingly, the-Advance Notice of Proposed Rulemaking-contemplates an overall revision of Part 40 to deal with all of the identified areas and issues. However, depending on the ,

information received in response to the Advance Notice, rulemakings on discrete issues--such as obtaining better information on products and materials being distributed for use under an exemption and for use under a-general license or to deal with mill issues--could be initiated.

Written comments on the Advance Notice, including comments on a number of specific matters identified in the notice, should be received by January 25, 1993. They should be addressed-to the Secretary-of-the Commission, Nuclear Regulatory Commission,

, Washington, D.C. 20555, Attention: Docketing and Service l Branch.

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c Fedent Register / Vol. 57. No. 209 / Wednesday. October 28, 1992 / Proposed Rules 48749 t

ilst of Subjects in y r7R Part 1413 against radiation.This advance notice were eobstantially similar to those set Cotton. Feed grains, Price support os prop sed rulemaking is being issued forth for byproduct matenalin to CFR programs, Rice Wheat.

t : licit c mments and part 30. Therefore, the eslating structure recommendations from interested and general requirements have not been Accordingly,it is proposed at 7 CFR parues on the issues that have been evaluated for conformance with the pari 1413 be amended en foUows. Identified as candidates for current radiation safety standards and PART 1413 -FEED GRAIN, RICE, consideration in this rulemakini- current industry needs, practices. and UPLAND AND EXTRA LONG STAPLE DATet: Cornment penod expires January capabilitjes.

COTTON, WHEAT AND RELATED 26.1993. Comments received after this Some of the exemptions from PROGRAMS date will be considered if it is p actical licensing for certain consumer products.

to do so, but the Commission is able to such as gas mantles containing thorium.

, , ). ne authority citationTor 7 CPR assure consideration only for comments have not been modified since they we're '

  • l part 1413 continuts fo read is follows: received on or before this date.' 9 ' '
  • included in the original promulgation of
  • Authority: 7 US C.1m Do8a.1309.14tt- ADDnessea: Mall comments or to CFR part 40.%ese exemptions 11444-2.1444 f.1645t44,16fn-t som 16 suggestions to:De Secretary of the essentially accommodated existing  ;

US C. 714b and Tite. Commission. U.S. Nucleat Regulatory practice, flowever, consistent with a

2. Section 1413.54 is amended by Commission. Washington. DC 20555 ' policy statement on consumer products adding paragraph (a)(5)bli) and tevising Ath nuon: Docketing and Service published on March 16.1965 (30 m paragraph (d)(3) as proposed at 57 FR Branch. 3462), the Commission has made various '

44703 (September 211992) to read as Dellver comments to: 11555 Rockville evaluations of potential doses frorn fo!Jows: Ptke, Rockville. Maryland, between 7:45 exempt products to assure that am and 4:15 pm Federal workdays, exposures from any individual exempt i1413.54 Acreage teduction prograrn Examine coples of comments received practice do not exceed a small fracdon Prods a. at: the NRC Public Document Room,

, of the overall recommended dose limit le) 21,20 L Street NW (lower level), for the public and that the combined (5) , , , %ashington DC.

  • gg' g ' ' g, p (1101993 FLs corton shaU be within Copies of NUREG-1324 and NUREG/

the range of15 to 25 percent as CR-5M1 which support this advance gc i s n fi o bli d determined and announced by CCC. notice may be purchased from the ,f,to ev s on o pa published on May 21.1991 (56 FR 23300)

(di

.. ve ent n O$ceP x or radia on 37082. Wa shington. DC 2001b7082. - conta e stan a (3) Shau not be easde available to P ,,

roducers of the 1993 crops of wheat. Copies are also available from the feed grains, upland and ELS cotton

  • and National Technical information Service, permissible concentrations in air and 6285 Port Royal Road, Springfield. VA water emuents containing uranium and dce. thorium. %ese revisions suggest the

! . . . . . 22101. A copy is also available for inspection and/or copying at the NRC need for a reevaluation of the potential Signed at Weahmston. DC on October 26. doses from exemptions because the new l

lou 2. Public Document Roorn. 2120 L Strut.

NW+ Il0**f EdV8I) Washington, DC. biol gical data and dose calculation I

bha A. Steve o MM Acrias Eierut ce rmident. commodery Pon maman tevoRs4AT10N CO8tTACT lns credit Corpomtion. Cathettne Mattaen. Office of Nuclear Regulatory Researth, U.S. Nuclear bd$stion co result n anges in Int Doc. 92-za*.se rtled 10 26-92,12.54 pm) some of the dose estimates in addition, ausso coor seio aws gu omrr a 4 g various redist'on protection standards ph I - - - _ - - - -

- , organir.ations (e g. the International Commission oa Radiological Protection.

NUCLEAR 9EGULATORY the National Council on Radiation Backsmund Source material, which consista of Protection and Measurements etc.) have uranium or thorium. is a naturally, recommended reduction in overau doses to CFR Part 40 occurring low specific-activity material. to the public.Hus, the Commission RIN 3150-AE33 %e regulations in 10 CFR part 40 were decided to rev!ew the potential doses initially based on the assumption that from existing exemptions and to Licensing of Source blaterial reevaluate the adequacy of controls to the beslth and safety impacts of sourta material were low and that, assure that materials and products i

Aoseecr. Nuclear Regulatory l Commission. considerations of protecting the common distributed under an exeroption do defense and se :urity were most . Indeed meet the limitations provided for ACTiosc Advance notice of proposed that exemption.

rulemaking, significant. Since 10 CFR part 40 was first promulgated on March 20,1947 (12 A preliminary analysis suggested that svuuamr.De Nuclear Regulatory FR 1855) by the Atomic Energy the regulations in 10 CFR part 40 Commission (NRC)is corsidering Commission (AEC). the provisions of to governing the control of source material amending its regulations governing the CTR part 40 have not been released for unrestricted use may be licensing of source matenal and mill systematically reviewed for improved by making them more tailings. ne contemplated rulemaking effectiveness and conalstency with other comparable to those governing similar would consider revisions to impr ve NRC (AEC) regulations except for the exemptions for byproduct material (10 control of source material through more overall revision of to CFR part 40 on CFR part 30).This would result in more specific retrulation and to update the - lanuary 14,1541 (26 FR 284) to e:tablish specific requirements being imposed on applicable requirements to conform with licensing procedures, terms, and licensees who distribute products or the revised standards for protection conditions for source material which materials used under an exemption and Enclosure 2

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I,- 48'750 Fe,dertl Registae / Vol. 67. No. 200 / Wedn:sday, Octot>er 28,1092/ Proposed Rules

.s for applicants for a license planning this considerauon la rulemaking. Uls - will be reesaluated along with the -

type of distributloo. discusion le categorized into the four others in parta 30 and 40.

%e Commission is also concerned major elements whkh include all O'**'*I b "**8 with the degree of controlof material espects of source material regulation:

and bow it has been used under the exernptions, general licenses, speciBc %e issues ralbed concerning ge neral bcense in i 40.21 %erefore, tbs licensing for other than mills and generaDy licensed source material are:

Commission was planning to reevaluate tallings. and milling and raill tallings. A (1) Whether the quantity of source this issue. more detailed discussion of the issues < material and activities authorized in the

%e Commission has decided to addres sed in this notice is contained in general license in i 40.22 are sufficiently l review all of to CFR part 40 and. in a contractor report on options for limited and defined so that the workers particular, to consider the need for rulemaking on revisinn of to CFR part and the general p"blic are adequately -

l 4 updating requirements pertaining to , 49. NUREG/CR-5801. "An Examination - protected, and - - - -

  • source material to make them more of Source Material Requirements (2) Whether the general license in comparable to simliar requirements for Contained in 10 CFR part 40/' October i 40.25 is effective in the current byproduct material. De Conunission is 1992. ,, regulatory envirertment.

also considering the extent to which the Exemptions . ne NRC staff has been concemed requirements in 10 CIR part 40 should be updated to conform to the revised De Commission la considering *E N ' C "I#' 0 * * **

used under general Deense, particularly standards for protection against whether to propose regulations to .

as authortred by 10 CFR 40.22. General radiation. Although this review has not improve the control of source material licenses are in effect without the Gllng of been a systematic point.by point released to unrestricted use through applications with the Commission or the analysis of allof to CFR more specinc requirements on licensees d cuments to a Commission has solicitef art 40, thewho sell, transfer, or distribute products . I""""C' "IIIC'"'I"{e safety principle particular pneon T concems from knowledgea\uestions leNRC staff, from outside consultants, and from Controls that will and or materials t persons.

to exemhe underlying considered the general license is based to on limitations on the type, form, and the Agreement States.%is Advanz achieve consistency with the ,

Notice of Proposed Rulemaking requiternents governing by reduct {uantity of material and restrictions one

( ANPRM) presents the issues identified materialin 10 CFR part 30 clude: Section to CFR 40.22 provides a and prelimmary views. %e Commission (1) Specific requirements on the manufacturers of products, such a . generallicense authorizing commercial is issuing this ANPRM to solicit input and industrial firms, research.

from all interested parties.. quality assurance program, that w jd educational, and medical institutions The NRC staff discussed the idea of provide assurance that the products and Federal, State, and local an ANPRM with the Agreement States <listributed meet the specifications .

government agencies to use and transfer at a public meeting held in conjunction

. with th, air October 1991 annual meeting important to safety, for specific licease (2) A requirement not enore than 15 pounds of source at Sacramento, CA. Dy letter dated authoritstion to cornmercially distribute, material at any one time for research.

or ireport for commercial distribution. development, educational, commercial, january 3.1992, the NRC staff followed or operational purposes. Under this up the meeting with a request for further products for use on a license exempt basis, and generallicense, a person may not information concerning areas or issues receive rnore than a total of 150 pounds that should be addressed in a revision of (3) Periodl.: reporting by the manufacturer or importer of the types of source materialin any one calendar to CFR part 40.Of the 28 Agreement year.The underlying principles of the States, a total of 15 States responded of and number of products and quantitie,

, which 7 States responded with no of source matertal distributed so that the generallicense are:

cornment.%e Agreement States that nature and extent of use is readily (1) %at the source material will be l available to the Commission and otl et used in a responsible manner by t commented indicated 12 general areas that need to be evaluated. The NRC has interested parties, institutions and agencies; and

considered all general areas of concern in addition, t? e Commission la (2)That it will be afforded an I

in the development of this ANPRM. reevaluating potential doses from appropriate degree of radiation safety Although several States suggested materials and products which are control through the safety controls specific changes to the current wording exempt frorr. licensing. On the basis of applied to its use as a chemical of to CTR part 40lthe NRC will delay this study, those exemp'.lons with compound.% quantity limits appear to consideration of these specific changea significantly greater potential doses will have been established to preclude until the initiation of a proposed rule in be further reevaluated on a cost benefit substantial processing or production order to collect views from a broad basis. A determination will then be operations that might cause safety spectrum of interests prior to (nitiating made if any particular exemptions problems for workers. In a recent the drafting of specific regulatory should be modified or revoked.His erdorcement case processed by the NRC language %e NRC summary of process will take some time to complete staff (SECY-92-128),8 the general comments from the Agreement States is and,in order to have a firm basis for licensee conducted operations that, available from the staff contact listed in rulemaking. the Commission may need although allowed by the regulations, the address heading, and is available for to obtain more complete information on were not evaluated in the development innection and ropying for a fee in the those products and materials containin8 of the regulations and appear to have a NRC Public Document Room,2120 b source material that are being potential for inappropriate radiation Street. NW, (Lower Level), Wa shington, distributed for exempt use, exposure. %erefore,in the current DU. While >olicitingissues for regulatory environment. these

  • c nsiders', n in the updating of10 CW conditions may no longer be adequate ui Issues Bein8Considered for Prop sed part 40, the iseue was raised concerning Ruemaug the exemption of source material under ,1% docweet to e estiatae for inspection endl j

' T he following discussion presenta tha the 0.05% weight concentration ur copyms .i use tac Nec Document Roos nso contained in i 40.13(a). This exemption L Sweet, rN (tone im ell Wnhmron. DC issues identified as candidates for 1 ,

Fed:r:1 R:gister / Vcl. 57. No. 200 / Wedn:sday October 2A,1901/ Proposed Rules C751 -

i -.___

offording a properlevelof safety.ne community Although the Commission requirements for certain aspects of an Commission is conducting an analysis of has not issued any licenses authortrJng operation such as emergency planning the activities that are currently distribution under i 4015 and there is for activities involving greater than >

authonted in the generallit4nsa to very limited uke of comparable specified quantitles of uranium determine what controls,if any,should provisions by Agreement States,there hexafluoride (UFs) and financial -

be estabhshed to improve the are many industrial products and assurance and recordkeeping for effectiveness of this generallicense, devices used under specific licenses that decommissioning for licensees Since there is no reporting or are candidates for use under the l 4015 possessing more than specified registration requirement troposed on generallicense. quanuties of source materist.1.icensing distribution of source material under Thi. generallicene and the licensing requirements for milling and mill tallings this generallicense or on the users, the requirements in il 40.34 and 40.35 will are comprehensive and presented in estent of use of this generallicense is be reviewed to determine lf justifiable appendix A to to CFR part 40.%e not well known. changes could be roede to make the requirements for licenses to There are several actions that could generallicense more useful to the manufacture and distribute industrial be taken, either indwidually or in some regulatory program. F.xpanded use of devices and products for use under the enmbination. to provide greater products and devices under this general generallicense its t $015 are spelled out assurance of safety under this generel license would reduce the burden on both in considerable detailin i 40.34(a).

license: licensees and the NRC staff that now ne requirements for issuance of (1) The Commission could require that exists by . educing current specific specific licenses and the condit'ons of e:ther generallicensees 1,e registered or licensing activity. For example, source licenses specified in 10 CFR part ;0 are that commercial transfers to general material used for antelding under a generally stated and applicable to all licensees be reported on a quarterly specific license may be a candidate for licenses, except for the case of licenses basis in the same rnanner as in 10 CW use under a revised l 40.25 general involvirut distnbution of degices and 32 52. These actions would identify license.%e public is specifically invited products to be used under the general use,e of source matenal and would to sur. gest mechanisms which would license in i 40.25. A number of detailed permit the implementation of an improve the effectiveness of the general conditions for these bcenses are spelled inspection program, license, while at the same time out in il 40.34 and 40.35.

(2) The Commission could reduce the providir 3 adequate protection of health Generally,if a category of use quantities of source material authorized and safety. involves a number of firms conducting Specific Ucensing s similar activities, and tegulatory o ide r a er ass ]an of a y ac des oew ch (3) The Commission could limit the scope of activities ermitted under the

%e basic lesue raised was whether

!, censing requirements for specific

]uln ,EP ,,

category,it is a desirable practice to generallicense to t ose which are less licenses should be made more specific " '

hke to result in radiation esposure or detailed and whether the licensing

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, ][" ' d s bk framework for the guidance of licensees, (4) e Commission could include e es u ." NRC staff, and other interested parties, requirements that would provide IJcense requirements fall into three flowever, except for regulations adequate controls over release of types (1) nformauon required to be governing the milling and mill tallings, effluent and disposal of radioactive this practice is not followed with respect waste, as appropriate, and submitted to the NRCin support of an to 10 Cm part 40 licenses. There are (5) The Commission could require that opphcation, about 200 NRC to Cm part 40 licenses commercial distnbution of source (2) Requirements for issuance of material for use under the general specific licenses, and and these licenses authorire a wide variety of activities. Source material hcense be performed only by a specific (3) Terms and conditions of licenses.

hcensee. This would provide a means Section to CR 40.31 states that en may also be used under specific licenses for the Commission to require that the applicauon may be filed on NRC Form which are primarily for byproduct k material. For example, a teletherapy transfers be accompanied by safe 313. " Application for Material Ucense,"

This form requests information about license for a 3.000 Curie Co source handlms instructions or other rosy also provide for the use of up to information (as in 10 CG 3211(e)). the applicant's training and experience, equipment and faciliUes, and radiation several hundred pounds of depleted Any new conditions on the general protection program. Ilowever, the form uranium as shielding in the teletherapy hcense such as quantitylimits or activity restrictions would be developed does not request safety information unit. Source material activities are also takmg into account the radiation dose specific to any given category of use, licensed by Agreement States.

limits, effluent concentrations, and Hus, the NRC staff develops regulatory Even within a given category of use, waste disposal provisions of the revised guides which specify the type of the licensed activities may hr , ,

standards for the protecuon against information to be provided in an significant differences. For example, application for a particular category of there are only two LJF. production plants radiation.

The generallicense in i 40.25 governs use.The NRC staff has also used under license and each uses a different the use of certain industrial proJucts or specific license conditions to control technology to convert uranium oxide to devices conteining depleted uranium. activities conducted by licensees within tJF.. Thus, generally applicable This generallicense contains a certain category of useEs approach requirements for a cateEcry of use requirements for reports from licenaces enables the URC staff to tailor the would necessardy be generalin nature utrements necessary for and specific requirements related to the of distnbution beense for use under ard for registration the general certificates health andlicensing s t + 'aiety to the particular individuallicensee's acuvity would still from these generallicensees. An issue activities being proposed by an need to be imposed.

with this generallicense is its possible applicant. Given the broad nature of the uses of lack of effectiveness and lack of flowever, other provisions in 10 CFR source material.it is not clear whether ursderstandmg by the regulated part to specify detailed information there is a sufficient benefit from

43752 Federal Rearlstee / Vct. 57. No. 200 / Wednesday. October 28, 1902 / Propos:d Rul:s

. developlos more specinelicensing Mills and Mill Tallinge consider an amendment to the entens for indusion in the regulation Sta lesues in the area of mills and mill regulations to incorporate the guidance.

that would be based on category of use. tailings have received recent attention ne third 1: sue concerne initiation of a llowever. as indicated in the dacussim by the Commission. In general, these rulemaking to amend to CG part 40.

of 10 CFR part 40 exempt products, ther* lesues have been addressed by the NRC appendix A to conform the may be a need to impose certain staff and regulatory positions have been f.nvironmental Protection Agency (EPAJ requirements on licensees established. In a few cases, the NRC proposed amendments to its regulations tr.anufactunna and distributing exempt staff have supested that rule changes . in 40 CFR part 192 subpart D. EPA has products to assure a proper level of be roads to reflect these NRC staff initiated the process, based on safety.nere may also be a need to reFulatory posttlons. consensus. building discussions. to impose certain requirements on The first issue concerns the use of rescind the National Fmission Standards hcensees who commercially distribute feed materia!s other than natural ore la for listardous Air Pollutants source matertal for use under the uranium mule. The Commission aUow: (NESilAPs) for radionuchde emissions generallicense in 6 to 22.%e NRC may the use of mateit als other than natural from uranium mill tallings disposal s!tes also consider en additional change to ore to be used by mills to extract source (limited to those sites hcensed by the add sealed sources and devicts material and has developed a definition NRC or en Agreement State. not those containing source material that are used of ore as "a natural cr native matter that sites under the control of the under a specific license to the fwaled may be mined and treeted for the Source and Device Registry System. extraction of any ofits constituents or CFR part 61.One resu)lt of theseDepartment of Ene his change would be consistent with any other matter from which source consensus. building discussions was comparable provisions for sources and materis! !s extracted in a licensed completion of a staff. level Memorandum devices containing byproduct material uranium or thorium mill." Rio defin!Uon of Understanding (MOU) which in l l 30.37.(g) and 32 210. assures that the ta0! age resulting from establishes the process whereby EPA Separate from this effort. an NRC staff the extractio of source material frorn wiu rescind 40 CFR part 61, subpart T task force has recently completed a feed material other than natural or, based on a determination that the NRC's review of approaches to regulating meets the definition of byproduct regulatory program protects pubbe materials licensees: " Proposed Method material, which is "the tallings or health with an ample rnargin of safety, for Regulating Major Materials wastes produced by the extracuon or ne MOU was signed by NRC EPA, and 1.lcenses." NtJREG-1324, published for concentrauon of uranium or thorium the Agreement States regulspy comment in February 1992. He intent g fromanny ore processed primarily for its uranium mill tallings altes w. . ado.

this review was to e Aamine all facets of source matertal content, including Texas, and Washington) an" published discrete surface wastes resulting from by EPA on October 25,10th (56 FR the extstin.ptgulatory methods, unfettered by any e Aisting regulations, uranium solution estraction processes." 55434). Supported by the '. IOU. EPA guidance, and resource limitations. arul g, ,,g, .. processed primarily for its published a Proposed iney of source material content" are important Effectiveness of subpart T in the Federal propose an ideal method for regulating Registar on October 25,1991 (56 FR large materials hcenseen. De task force in preventing " sham dis 90 sal" or the found that for the most part the addluon of low level or mixed waste to $5432). On December 31.1W1. EPA mill feedstrek in order to dis se ofit in published a Final Stay of Effectiveness regulations on which the hcensing of (56 FR 67517) and a Proposed Ruls to large materials processors are based the talhngs impoundment as yproduct material.%e NRC staff has publiebed Rescind (#6 FR 67561) for 40 CFR part 61.

Provide safeguards against theft or subpart T. and an Advance Notice of guidance on this issue for comment (57 sabotage of special nuclear material and FR20521: May 13.1992). Depending on Proposed Rulemaking for 40 CFR part protection against exposure of workers 192, subpart D (56 FR 67509). EPA la and the pubhc to redlation and the staffs evaluation of the comments received, the Cotnmisalon may propose proceeding with additional rulemaking radioactive materials. llowever, the task adding this definition of ore to the activilles to achieve sole regulatory force believed that improvements in the regulations in to CFR part 40 ln the responsibility for NRC and its area of process safety and managerial future. Agreement States over subpart T mill controle should be considered and The second issus concems requests tailings sites, identified. ne task forte also identified by milllicensees to dispose of waste The Commission intends to revise potential regulatory changes applicable materials that do not meet the definition appendix A of 10 CR part 40 to conform to taajor material processors. llowevere of byproduct materialinto tallinge to EPA's revised 40 CFR 192 standards these are idealized recommendauons impoundments.The NRC staff has and will proceed with this rulemaking without cost / benefit considerations. De prepared and pubbshed guidance for concurrent with EPA's rulemaking. He NRC staff is developing an .

reviewing these requesta for comment NRC rulemaking will address the timing implementation plan that willidentify (57 FR 20525: May 13,1992).The of closure activities and measurement of priorities for future action. If the guidance assures that only material redon emissions to confirm cornpliance implementation plan determines that physically comparable to 10 CFR part 40 with the 10 pCl/m's redon emission changes to 10 CFR part 40 are byproduct materialis disposed ofin standard (Criterion 6 of appendix A). In appropriate, these changes would be tailings !!npoundments, that the material view of the need for concurrent action applicable to relatively few 10 CR part is not covered by EPA standards for with EPA in the rulemaking, action on 40 licensees,11 may be appropriate to hatardous or toxic wastet, that there is this is being undertaken separately from consider such changes in con l unction .io significant erwitonmental impact, other issues discussed in this ANPRM.

with any comparable changes being that appendLx A is complied with, that ne fourthissue concems the considered for to CFR parts 30 and 70. the Department of Energy be informed licensing of a commercial disposal site Commeots received on NUREG-1524 and have an opportunity to comment, for mill tallings, including wastes from will be considered by the NRC staff and that the authoritation constitutes a in-situ extraction operations.%e developing any future rulemakings license amendment. If many requests of licensing requirements for mill tellings concerning to CFR part 40. this type are mada, the NRC staff will in to CFR part 40 are primarily intended s

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, red:ral Regist:r / Vel. 67. No. 200 / Wcdnsoday, October 2A,1902 / Propos:d Ruhe 487 to address the situation where the amended, to ensure that its general l 401.2 generallicensees. incJuding what tailings disposal operation is directly requirements for the management of meterialis transferred. the identity of associated with a source material uranium miU tallings are comparable to the generallicensee, and a point of extraction operation. A commercial EPA requirements applicable to similar contset for the generallitensee, and tailir:ge disposal acurity may be wastes under the Solid Wasts Disposal (3) That distribution of source mdependent of any extracuan process Act (SWDA). In the Supplementary matenal to persons exempt from and thus comparable in certain rtspecta Ittfortnation for the final rule (52 m licensing and to persons using tho to a low level radioactive waste 4322, November 13,1987) amending generallicense in i 40.22 be made under l disposal site. Dis facility would serve NRC regulations to incorporate EPA's a specific lfcense.

to aid the reduction of the number of ground water protection requirements, Comparable action on the part of the sm6U disposal sites and provide the Commission noted that the Agreernent States for item (21 would additional options for disposal of wastes rulemaking scuan was limited to hkely be necessary, from in-situ entraction operations incorporatina requirements legally na information obtained as a result consisent with Critenon 2 of appendia imposed by 40 CTR part 192 into MtC of this first rulernaking would provide a j A. ne authority to license a separate rules.no Commission also noted that a basis for determining what additional I commercial disposal site under 10 CTR future rulemaking would probably be changes are appropriate. Further dealing I necessary to fully satisfy the part 40 is not clearly stated in 10 CTR with the issues of specific licensees part 40. The Commission recently issued comparability requirement of section other than mills, generallicensees. and an order providing for the issuance of a 64s(3)of the Atomic Energy Act, as exemptions would depend on specific license under 10 Cm part 40 for amended. The notice pointed to developing a better data base and such an operation and intends to acknowledged technical difficulties with would not be undertaken until this was consider amendments to 10 Cm part 40 the provisions of 40 Cm part 264 as a achieved.

to specificauy cover this activity in pnncipal reason for delaying lesues related to mille could be dealt order to eliminate the eed for issuing conformance action. Finauy, the with sooner if handled separately from Commission stated that the quesdon of i

orders in the future.%e Commission these other issues. llowever, the NRC wiu consider applying appendix A to 10 when to initiate rulemaking would be Haff is uncertain d this ume n to l CTR part 40 and whether additional tennened periodically. in 1989, the, whether the changes to 10 Cm part 40 i requirements consistent with 10 CTR Commission evaluated the degree o-related to mills warrant a separate part el are appropriata. comparability but has not reached rulemaking. As the scope of rulemaking The fifth issue concerns the disposaj agreement with EPA on what further in the area of uranium mille develops, of waste from in. situ leaching action. if any,is appropriate.De the NRC staff will determine if these operations. The NRC staff has prepared Commission will again review the issues should be dealt with separately, a position paper establishina a course of cituation and explore the need for Any further se aration ofissues will action for both the NRC staff and the further rulemaking with EPA.

be determined a er a clearer definluon heensee to follow in dealing with a Additional Considerations of the scope of rulemaking in each area proposal to dispose of in-situ wastes on in addition to the substantive issues, is developed and will depend on the site. Dis position paper was reproduced the Commission will consider ways that timing of resolution of the various issues as appendix E to NUREC/CR-5681.The to CFR part 40 could be made clearer or involved.

ent, such as Requot for Information and Con.rnent ItatNn er on f ppend A to ch', 'g'o N,p CTP part 40. concerning reducing The Commission specificaUy seeks perpetual surveillance operations by Options foe Rulemaking comment in a number of areas.nese avoiding. to the extent practicable, The staff is pursuing consideration of relate primarily to obtaining more prohferation of small waste disposal en overall revision to 10 CTR part 40 to detalled information on how the sites. The position paper provides dealwith aU of the described 1: sues and exemptions in to CTR part 40 and the guidance to both the NRC staff and areas in a comprehensive fashion. As general license in i 40.22 are used. The licensees for dealing with the disposal of noted in the Background Section, the information would assist the in. situ waste on site. BasicaUy,it NRC has not undertaken a - Commission in preparing proposed provides for interim (ep to 6 years) on* comprehensive revision of10 CTR part amendments that would provide for the site storage af wute in thou cases 40 since 19et. Ilowever, the NRC staffis ~ Protection of health and safety with the where it is demonstrated that there is no also considering alternatives to a least impact on the conduct of activities practicable off site disposaloption comprehensive rulemaking based upon related to these provisions of to CTR available and that on-site disposalis the timing and efficiency of dealing with part 40.

feasible. Dunng the third year of the certain issues. For example, depending (1) The Commission requests interim storage period. if no off. site on the nature and extent of information information and comments from disposal became available. the NRC obtained in response to this notice, a licensees who distribute source material staff would consider a request for simple rulemsking may be initiated to exempt persons. In the case of permanent on site disposal. By the end deOgned to obtain better informaUon on manufacturers or importers of products, of the third year of intt. a storage, the products and materials being distributed the Commission is interested in licensee is to propose a suitable on site for use under an exemption and for use information on the type and amount of disposal design for NRC review and under the generallicenso in i 40.22. %1s source materialin each product. Its approval, ne Comnussion will consider rule could require: chemical and physical form, the number whether these provisions should ba (1) Annual reports from specific of products currently distnbuted incorporated into Cnterion 2 of licensees as to the types and number of annuaUy and in the recent pas'. as well appendix A to 10 CTR part 40, products and quantitles of source as a pro}cetion of distribubon in the ne sixth issue concerns the - material distnhuted for exempt use, next few years. The Commission is also rbilgation of the NRC under section (2) Quarterly reports from specific interested in information on the type.

64a(3) of the Atomic Energy Act, as licensees about commercial transfers to quantity, and form of the source O

j 48754 Fed:ral Register / Vol, $7, No. 200 / Wednesday, October 28, 1992 / Proposed Rules M' rnalerial distributed by distributors of for the Nucleas Replatory Commission.

Deach Califomia 90800-2425; Telephone G.

N

  • ' meterials exempted under ll 40.13 (a), Samuell CWIL. (310) 986-5247, (b). and (c)(1)(vi). Secntaryofde Commission i-(2)De Commission requests .

sVPPLA MENTAmf IWoRMAnom

{,= information and comments from+ (FR Doc. 91-2f404 Tiled 14-27-016 45 atn]

p e o coot rse.es.as Comments Med licensees who distribute source material j for use under the generallicense in

,_ _ _ _ _ _ _ _ Interested persons are invited to participate in the making of the i 4022 and also from users of that generallicense. From distributors, the DEPARTMENT OF TRANSPORTATION proposed rule by submittmg such written data. views, or arguments se

  • Commission is interested in informs tion Federal Avtauon Administration they may desire. Communications
on the type, the quantity, and the chemical and physical forms of source 14 CFR Part 3g  ;

abould identify the Rules Docket number

  • G, and be submitted in triplicate to the
  • material distnbuted annually, including (Docket No.92-Cg 48-AD) address specified above All the number of shipments in the past 3 years and the approximate quantity pet Airworthiness Directives; Piper communications received on or before shipment. From users of the general the closing date for comments, specified Aircraft Corporation PA-23 Series

) license, the Commission is interested in Airplanes above, will be considered before taking information on the types of activities action on the proposed rule. The conducted under this generallicense AotNcy: Federal Aviation [roposals contained in this notice may and on the quantitles of material needed Administration. DOT, e ch nedan edinlight of the comtnents for those settles. AcnoN: Notice of proposed rulemakin8 (3) With respect to the generalllcense (NpRM). Comments are specifically invited on the overall regulatory, economic.

in i 40.25. the Commission seeks infortnation on how this provision of the suuuAmy:uls document proposes to environmental, and energy aspects of adopt a new airworthiness direcuve the proposed rule. All comments regulations might be made more useful.

(ADJ that would be applicable to certain submitted will be available, both before (4)The structure and format of the Piper Aircraft Corporation (Piper) PA-23 and after the closing date for comments, revisions fo to CFR part 40 will be series airplanes that have Met Co-Aire in the Rules Docket for examination by determined at a later date based in part 48 gallon tip tanks installed. no interested persons A report that on the ultimate scope of rulemaking. pro oped action would require , summarian each FAA pubhc contact However, commtnters may wish to rep scement of any existing rubber fuel concemed with the substance of this comment on the options such as: proe and cons of how with a hose ofimproved design hroposal that is not susceptible to fuelleskoge. ocket. will be filed in the Rules

a. CreaUon of a separate part for Ccmmenters wishing the FAA to generallicensing of source material ne Federal Aviation Administration (FAA)has received a report of fuel acknowledge receipt of their comments comparable to 10 CFR part 31 or for leakage from the end fitting of a flexible submitted in response to this notice rnanufacturers or those transferring for fuelline that connects one of the 48- must submit a self addressed, stamped '

i the first time products containing source gallon up lanks to the main fuel system , postcard on which the following rnaterial for sale or distribution on a Piper Model PA-23-250 airplana, statement is made: Comments to comparable to 10 CFR part 32. His incident resulted in the left wing tip Dociet No. 02-CE-4S-ADJ' The

b. Creation of subparts within 19 CFR exploding, catching fire, and separating postcard will be date stamped and part 40 covering these same subjects from the airplane. The actions specified utumed to the commenter.

and/or containing specific requirements by the proposed AD are intended to for particular classes of specific rev Availability of NPRMs licensees, gre,which ent such fuel leakage and could result in panenger possible Any erson may obtain a copy of this Commenters are, of course, welcome injury. NPRM by nWig a nqunt to the to provide comments on any issue FAA, Central Region, Office of the DATts: Comments must be received on Anistant Chief Counsel, Attention:

raised in thle notice. discusalons or before January 12,19r$1.

centeined in NUREC/CR-5881, or any Rules Docket No. 92-CE-48-AD, room Aoomassts: Submit comments in 1558,601 E.12th Street Kansas City, other issue related to updating the triplicate to the F AA, Central Region. Missourt 64108.

regulatwns contained in to CFR part so. Office of the Assistant Chief Counsel. -

Comments which include the eationale Attenuon: Rules Dociet No. 02-CFe Discunion for the suggestions or views will be AD, room 1558. 001 E.12th Street.

especially useful. ne FAA has received a report of fuel Kansas City, Missouri 64106. Comments leakage from the end fitting of a flexible Ust of Subjects in it CFR Part de may be inspected at this location

fuelime that connects one of the tip between 8 a.m. and 4 p.m., Monday tanks to the main fuel system on a Piper Criminal penalty, Government through Friday, holldaya escepted.

contracts. linardous materiala-.- Model PA-23-250 attplane that has Met-transportation. Nuclear matertala, Service information that is applicable Co Aire 48 gallon tip tanks installed in to this AD may be obtained from Met.

Reporting and recordkeeping Co Alre, P.O. Box 2216, Fullerton.

accordance with Supplemental Type requirements. Source material, and California 92833; Telephone (714) 870-Certificate (STC) SA1480WE. nis Uranium. ' incident resulted in the left wing tip 4610. Die information also may be exploding catching fire, and separating Authertry: Sec. ut pub. L ai-ro:t. aa stat examined at the Rules Docket et the from the airplane. A leaking flexible fuel iMa, as amended (42 U.S C. 221) sec. st, address above. line,if not detected and corrected, could l Pub. L 9b4M 8a Stat 1242. as amended (42FOR FU4tTHER INFORMATION COsttACM result in an altplane fire and possible i

3 U S C. 564tk

( Mr. Roy McKinnon. Aerospace Engineer, passenger injury.

l]*

+

Dated a t Rockvme. Maryland. this 22nd les Angeles Alteraft Certificadon day of October 1992. Met Codire has issued Service Offica, FAA,3229 E. Spring Street, bong Bulletin (SB) No.23-001, deted July 1992.

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UNITED STATES I NUCLEAR REGULATORY COMMISSION OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS WASHINGTON, D.C. 20555 May 6, 1992 NRC INFORMATION NOTICE No. 92-34: NEW EXPOSURE LIMITS FOR AIRBORNE URANIUM AND THORIUM Addressees:

All licensees whose operations can cause airborne concentrations of urcnium and thorium.

Purpose:

The U.S. Nuclear Regulatory Conmission is issuing this information notice to alert addressees of changes, in 10 CFR Part 20, governing airborne uranium and thorium exposures that may significantly affect exposure calculations and reporting requirements. it is expected that recipients will review this information for applicability to their facilities and consider actions, as appropriate, to avoid violations of the new Part 20. However, suggestions contained in this information notice are not new NRC requirements; therefore, no specific action or written response is required.

Description of Circumstances:

The major revision of 10 CFR part 20 was published on May 21, 1991 (56 FR 23360). This revision adopted the dose-assessment methodology recom-mended by the International Commission on Radiation Protection (ICRP). The new methodology signific&ntly changes the occupational exposure limits for airborne uranium and thorium compounds. The current regulation requires licensees to implement the new Part 20 by January 1,1993. However, licensees should note that the Connission is proposing to extend the implementation date to January 1, 1994.

Discussion:

Because NRC has adopted the dose-assessment methodology of ICRP 26 and 30, the new Part 20 contains two changes that can impact greatly on licensees that experience airborne concentrations of uranium and thorium compounds. These are changes in occupational exposure limits, and equivalence of internal and external dose.

-9204300066~

Enclosure 3-

IN 92-May 6, 1992 Page 2 of 3

)

As shown in the table below, the new Part 20 includes a reduction in occupational airborne concentrations of certain thorium and uranium compounds. However, the allowed concentrations of other nuclides have been relaxed. Although most changes have been made to reflect radiological concern, 10 CFR 20.1201 (e) limits intakes of soluble uranium to 10 milligrams in a week, in consideration of chem cal toxicity, which is likely to be controlling i

at enrichments of 5 percent or less.

Table 1: Old versus New Occupational Exposure Limits l Compound l Old Part 20 1 New Part 20 l l l Appendix B, Table 1, Col. I 1 Appendix B. Table I, Col. 31 i Th-234, class W I 6E-8 pCi/mi l 8E-8 pCi/mi l 1 Th-234, class Y l 3E-8 pCi/mi l 6E-8 pCi/ml I ._

l Th-232, class W I 3E-11 pCi/mi i SE-13 pCi/ml I l Th-232, class Y I 3E-11 pCi/ml 1 1E-12 pCi/ml l l Th-231 1 1E-6 pCi/mi I 3E-6 pC1/mi l l Th-230, class W I 2E-12 pCi/ml 1 3E-12 pCi/mi l l Th-230, class Y l IE-11 pCi/ml l 6E-12 pCi/ml l l Th-228, class W l 9E-12 pCi/mi I 4E-12 pCi/mi l l Th-228, clas* v ' 6E-12 pCi/ml l 7E-12 pCi/mi l l Th-227 l 2E-10 pCi/ml 1 1E-10 pCi/mi i i U-238, class 0 l 7E-11_pCi/ml I 6E-10 pCi/mi 1 l U-238, class Y I 1E-10 pCi/mi 1 2E-11 pCi/ml i 1_ U-235, class 0 l SE-10 pCi/mi l 6E-10 Si/mi l l U-235, class Y l 1E-10 pCi/mi 1 2E-11 pui/mi l l U-234, class D I 6E-10 pCi/mi i SE-10 pCi/mi l i U-234, class Y I 1E-10 pC1/mi 1 2E-11 pCi/mi i The relative equivalence of internal and external dose means that exposures to airborne concentrations of radioactive particles must now be maintained as part of a worker's total occupational dose limit (10 CFR 20.1202). Under the old Part 20, internal and external doses had separate limits and were not combined. Section 20.1204 states, further, that internal exposure can be determined through air Fampling in the work place or routine bioassay.

If air sampling is chosen as the most accurate means of tracking dose, compliance with the new limits may be demonstrated through precise solubility, isotopic, and particle-size classifications, pursuant to Appendix B to 10 CFR 20.1001-20.2401.

b IN 92-34 May.6, 1992 Page 3 of 3 l

The new revision to NRC Regulatory Guide 8.25, " Air Sampling in The Workplace," ,

gives guidance for setting up an air-sampling program that can be used to i

estimate internal oose from airborne activity. The associated NUREG-1400 explains acceptable implementation of methods described in Regulatory .

Guide 8.25.

In addition, Table 2 of Appendix B to 10 CFR 20.1001-20.2401 places much more stringent limits on effluent concentrations for soluble uranium and thorium in water, and for thorium and insoluble uranium in air. The reduction in the allowable effluent concentrations to about a hundredth of the former values may necessitate changes in procedures or monitoring methods, or may even

, necessitate installation of new effluent treatment systems requiring  ;

appreciable lead time to procure.

l This information notice requires no specific action or written response.- If you have any questions about the information in this notice, please call the-  ;

technical contact listed below or the appropriate NRC regional office.

hw dht,w e7. ~

Richard E. Cunningham, Director Division of Industrial and Medical Nuclear Safety Office of Nuclear Material Safety '

and Safeguards Technical contact: Edward Shum, NMSS (301)504-2607 Attachments:

1. List of Recently Issued NMSS Information Notices
2. List of Recently Issued NRC Information Notices
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, Attachment 1

!N 92-34 May 6, 1992 Page 1 of 1 l

LIST OF RECENTLY ISSUED NMSS INFORMATION NOTICES Information Date of Notice No. Subject issuance issued to 92-14 Uranium 0xide Fires at 02/21/92 All fuel cycle and uranium Fuel Cycle Facilities fuel research and develop-ment licensees.

92-11 Soil and Water Contamina- 02/05/92 All uranium fuel fabrica-- )

tion at Fuel Cycle Facil- tion _and conversion facil-ities ities. ,

92-10 Brachytherapy Incidents 01/31/92 _ All Nuclear Regulatory Cum-Involving Iridium-192 Wire mission (NRC) licensees Used in Endobronchial authorized to use Treatments iridium-192 for brachy-therapy; manufacturers and distributors of iridium-192 wire for use in brachy-therapy.

92-08 Revised Protective Action 01/23/92 All fuel cycle and materi-Guidance for Nuclear Inci- als licensees authorized '

dents to possess large quanti-ties of radioactive materi-ial.

91-86 New Reporting-Requirements 12/27/91 All licensees authorized for Contamination Events at to use byproduct materials Medical Facilities for human use.

(10CFR30.50)

I 91-84 Problems with Criticality 12/26/91 All Nuclear Regulatory '

Alarm Components / Systems Commission (NRC) fuel cycle licensees,_ interim spent fuel storage licens-ees, and critical mass licensees.

91-71 Training and Supervision 11/12/91 All NRC medical-licensees.

of Individuals Supervised by an Authorized User

f

, Attachment 2 c

IN 92-34 May 6, 1992 Page 1 of 1 LIST OF RECENTLY ISSUED NRC INFORMATION NOTICES In'artation Date of hotice No. Subject Issuance Issued to 92-33 Increased Instrument 04/30/92 All holders of OLs or cps Response Time When Pressure Dampening for nuclear power reactors. l Devices are Installed

.l 92-32 Problems !dentified with 04/29/92 All holders of OLs or CP-Emergency Yentilation for nuclear power-react-Systems for Near-Site (Within 10 Miles) Emer-  ;

gency Operations facili-ties and Technical Support Centers 92-31 Electr 'rel Connection 04/27/92 All holders of OLs or cps Proble. in Johnson for nuclear power reactors.--

Yokogars Corporatior, ,

"S-80 rogrammable Indi- d oating Controi.'ers 92-30 Falsification of Plant 04/2*/92 All holders of.0Ls or cps Recc~is for nuclear power _ reactors' and all licensed operators -

and senior operators.

92-21, Spent Fuel Pool Re- 04/22/92 All holders of Ols or cps Supp. I activity Calculations for nuclear power reactors.-

92-29 Potential Breake.' Mis- 04/17/92 All holders of OLs or cps coordination Caused _by for. nuclear power reactors.

Instantaneous Trip Circuitry 92-28 Inadequate Fire Suppres- 04/08/92 All holders.of_0Ls or cps s.n System Testing for nuclear power reactors.

I ::

I L OL = Operating Ltc.nse CP = Construction Permit l-l l

__________________________________________________.___________a