ML20129G662

Expresses Appreciation for Arranging Site Visit to Plant on 951221 & Submits Info Re Other Members of Working Group Also Visiting

ML20129G662
Person / Time
Issue date:	12/07/1995
From:	Lubenau J NRC
To:	Lamastra A HEALTH PHYSICS ASSOCIATES, LTD.
Shared Package
ML20129G101	List: ML20129G094 ML20129G104 ML20129G127 ML20129G157 ML20129G214 ML20129G479 ML20129G543 ML20129G614 ML20129G646 ML20129G662 ML20129G685 ML20129G732 ML20129G757 ML20129G795 ML20129G806 ML20129G831
References
NUDOCS 9610300170
Download: ML20129G662 (20)

Text

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A WZVE ggy,gg, UNITED STATES 5 "! NUCLEAR REGULATORY COMMISSION o WASHINGTON, D.C. 20555M1 l

December 7, 1995 Anthony LaMastra, CHP Health Physics Associates, Inc.

1005 Old Route 22 Lenhartsville, PA 19534 l

DearMrI$kkastra:

l Thank you for arranging a site visit to the Steelton, PA plant of

! Bethlehem Steel. The date for the visit will be Thursday, l

December 21, 1995. If weather prevents travel, then we will have l to cancel the visit since we do not have any alternate dates.

There will be 8 persons traveling to the plant as follows: ,

By van:

Joint Acreement State-NRC Workina Group Robert Free, Texas Robin Haden, North Carolina ,,

Rita Aldrich, New York Joel Lubenau, NRC l Lloyd Bolling, NRC l Other NRC Chris Ryder, who is conducting a risk assessment study of the l

[ problem of radioactive material in metal scrap and Steve Baggett whose branch reviews applications for devices that contain l radioactive material.

Other State - travelina separatelv:

Jim Yusko, Pennsylvania, who is the CRCPD liaison to the Working Group.

We plan to visit a scrap processing facility in Hagerstown, Maryland on the morning of December 21, 1995 and then travel to j Steelton. I estimate an arrival time in Steelton of 1 pm. I l plan to call ahead to advise you and the plant of any changes in l the itinerary. Our travelers have been advised to wear appropriate outerwear and safety shoes, boots or sturdy shoes.

I'm assuming that any required safety equipment, e.g., hardhats, will be available at the plant. If this is not the case., please '

let me know. -

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! 9610300170 960830 i PDR REVGP NRCRDRO j PM

b Although I am aware of the location of the Steelton plant, it would be helpful to have directions to the plant entrance that we should use and a list of contacts at the plant and their telephone and fax numbers.

Given the charge by the Commission to the Working Group - to review the regulatory program for devices containing radioactive materials (which can become mixed with racycled metal scrap) -

the visit to the Steelton plant should be both educational and timely. Again, and this time on behalf of the Working Group and NRC staff, please accept my thanks for arranging this visit.

Sincerely,

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h J el O. Lubenau, CHP Senior Health Physicist l Working group Co-chair cc: R. Free, Co-chair i l

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O T 23 '95 04:00PM OHD RAD PROTECT SERV P.1

• State of Oregon Rey

. Health Division **"' ^yggE*o7,#

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1. 8 Radiation Protection Services (503)731-4014 FAX: (503)731-4081 1 i DA TE: \0 0 W ro: WOBL $ 6Alh44 FROM: dkhHA N3blB6 PAGES (including this cover page): Y

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(503) 252-7978 TDD E.T . ...cy 243 (Rev.12 94) l

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OCT 23 '95 04:02Ft1 OHD RAD PROTECT SERV p,4 OREGON REALTH DIVISION s RADIATION PROIBCTION SERVICES 500 N.E. OREGON, #21, SUITE 705 PORTLAND, ORE 00N 97232 PRINE (503) 731-4014 ,

FAX (503) 731-4001 l l l ENFORCIEEENT BULLETIN 95-3 I INSPECIZON SY MAIL l l

l GENERAL LICENSE MEASURING DEVICE, DEPLETED USANII2f, OR IN VITRO IAE l 1

Instructions: Please type or print. Mail or FAX the completed form to this office by June 30,*1995.

1. Licenses Name l

2. Address

3. City, State, Eip

! 4. Phone Nutsber i 1 5. FAX Number ( ) -

t E. License Number I 7. License type ( ) Fixed Gauge

( 1 aCD (XRF or Gas Chromatograph Detector)

{ ] In Vitro Lab

[ ] Depleted Uranium

[ ] Source Material l

e. List persons who use general license devices or materials: ,

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s. Describe how general license radioactive materials are used.

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10. Describe the radiation safety training that personnel have had. I l 11. Corporate structure Attach a current organisational chart. Describe any changes in the scope of your business including corporate take-overs or other significant corporate changes.

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OCT 23 '95 04:02PM OHD ED PROTECT SERV P.5 .

GENERAL LICENSE INSPECTIoM BY MAIL -- PAGE 3

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12. &Am4M sgrative Requirenants Do you havq a copy of the General License Rules? [ ] yes [ ] no Are all general license materials properly labelled? [ ] yes [ ] no I

Did any general license device require leak testing? [ ] yes [ ] no l Were leak tests performed as required? [ ] yes [ ] no ]

Attseh copies of leak test records with this fasm.

Were radiation surveys required for any devices? [ ] yes [ ] no Attaek espies of surveys with this foss.

Were any general license materials transferred i to anoth.ar person? [ ] yes [ ] no Attach copies of all transfers with this form.

13. Inventory Conglete the following chart showing all radioactive materials possessed and used. Attach

~

extra pages if required. Key Device number to Safety Inspection Form on next page Manufgeturar Modal an. Isotane & Activity @ cation

14. Certificate

'(a) I certify that the information rovided on this form is true and cosplete to the best of my knowledge and be lef.

(b) I have read and understand the provisions of the general license in ohm 333-103-130 (in vitro labe), 333-103-115 (measuring, gauging, or controlling devioes), or 333-102-103 (depleted uranium), and I understand that I am required to comply with these provisions as to all radiosotive material that I possess and use in oregon under the general license.

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OCT 23 '95 04:03PM OHD RAD PROTECT SERV P.6 l '

h. GENERAL LICENSE DEVICE SAFETY INSPSECTION FORM i

'Instruettens List etL devlees below. Provide the Inferestion for each device in soluene labeled 1, 2, 3, and 4. Use enether jsformfcrmoredeviene.

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l CRifMIA 1 2 3 4 i tocord toestions and devies 10 rumbere i

I Record devies sedet raabers 2

le Redfoestive lloterial 30 Label present on et tenet 1 l efde (ahould he both sides if botn eldes visthte) of 4

! head eentelning neurest tres er no) 8

! Is infermetten testble en 10 tebetet s

If 18 tehele are not present er testbte certlfy j (Inittel/yes)thatrepefrewillheeeMetedand )

s orovide estiasted reselr date. _

! Record eeuree eerfst rushers. _

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Record feetenes 8 m entity (e.s. Co 137. 100 act) _

i Are devices aperablet (yes seens operabtel no means

! not Instetled er not esorebte) i Test mod 0FF" oeshenism manuelty. De skutters move between egenten and steneddlFF sceltlen somethly?

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soredesturer's eseelfleettenet i

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• Interval (e.g. 6 3 ugnths, 3 weers)

Record test sleek teste date 1

l Record last steek testa result in aferesurfes

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casusts or euestions: __

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I j 1 l CEnflFICATE 1/we sortify that the infeenetten shove le escurate and true to sy/eur knestedse and hellef.

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OCT 23 _'95 04:03PM OHD RAD PROTECT SERV P.7 (505) 7s1-4014

>D%nvoia (503 EM DEPARTMENT OF HUMAN September 20,1994 RBSOURCES HEAL'IH DIVISION TO: Oregon Radioactive Materials Ilcensees FROM: Martha Dibblee, Manager Radioactive Materials Program RE: Radioactive Materials Inventory ENPORCEMENT BULLETIN 94-6 Radioactive materials licensees must account for all radioactive material received, transferred, and disposed under administrative rules in OAR 333-100 055. Please review the anachad form, which is a list of radioactive materials that are authorized on your radioactive s

materials license. Please enter the total anunber of sources and the total amount of radioactive material in the blanks provided. j Please mail or FAX (508 7314081) the completed form as soon as i possible, but no t= tar th=a october 15.1994. Responses received after this date cannot not be included in otit current database update.

Should you have any questions, please do not hesitate to contact this office.

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OCT 23 '95 04:04PM OHD RAD PROTECT SERV p,g $l P gd No. 12

'09/2'0/94 IDf7ER THE ENTER THE

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! FAX (503)m -

l6.Nenmsico (503) 23s474I

) I i Novensber 13,1991 DEPARTMENT OF 3

IlUMAN I

RESOURCES 1

j ENPORCEMENT BULLETIN 911 HEALM DIVWON TO:

SWh All .-.1 licensees who possess nuclear fixed l

i gauging devices 1

l FROM: Martha Dibblee, Manager, Radioactive Materials l Ucensing

SUBJECT:

Inspection by Mail for General Ucensees possessing '

nuclear gauges - I 1 .

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& Oregon Health Division Radiation Control Section regulates ,

. nuclear fixed gauging devices in Oregon. -

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l Our records show that you possess a generally licensed nuclear .

gauge. Plasse complete the following form, following instrw-tions I i

on the cover sheet. .

, The Inspection by Mail Form must ha completed and retumed to l

this office by Dar*=W 31,1991.

l' Thank you for your attention to this bulletin. -

! Should you have questions, you may contact this office at 503/229- i

! 5797. ,

l Sirperely, p ,

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M26 Martha G. Dibblee, Manager y . . _ ,

j Radioactive Materials Ucensing l Barliarlan Control Section 1

i 1400 SW 5th Avenue

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STATEMENT OF THE j STEEL MANUFACTURERS ASSOCIATION i ON LOST RADIOACTIVE SOURCES IN THE FERROUS SCRAP SUPPLY U.S. NUCLEAR REGULATORY COMMISSION-STATE WORKING GROUP PUBLIC MEETING OCTOBER 24 - 26,1995 The Steel Manufacturers Association ("SMA") consists of 56 North American companies that operate 123 steel plants and employ approximately 63,000 people. Our

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U.S. member companies are represented in the U.S. Congress by 93 Congressional i Districts located in 38 states.

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The member companies of the SMA are widely dispersed geographically, with 45 located in the United States, eight in Canada, and three in Mexico. The SMA also has 121 Associate Member companies, located worldwide, that supply goods and services to the steelindustry.

Most of the SMA companies operate electric arc furnaces ("EAF") to make raw steel l from a feedstock of almost 100% ferrous scrap. Some SMA members are reconstituted integrated (ore-based, using a 10-20% scrap feedstock) companies, producing steel from l iron ore and other raw materials.

h SW. members account for approximately 40% of U.S. steel production and are the largest recyclers in the country. EAFs consumed approximately 42 million not tons of scrap metalin 1994 (source: U.S. Bureau of Mines), including the steel scrap derived from 9 million junked automobiles and from tin cans, old appliances, and other discards in our society.

GROWTH FORECAST

! Mini-mills, carbon specialty steel mills, and reconstituted integrated mills represent a competitive and dynamic segment of the North American steelindustry. They are rapidly 1 capturing an increasing share of U.S. markets. The output of EAF steel producers will  ;

i reach nearly 50% of U.S. steel production in ten years. ,

A/4cAswal 2 SMA Q 1730 Rhode leiend Avenue. NW 5 Sune 907 5 Wastunglon, DC 20036 a U.S.A. 3 (202) 2961515 5 Fax: (202) 296-2506 5 @wwwAssemerceg n- , , --,

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• 2 LOST RADIOACTIVE SOURCES:

ECONOMIC CONSEQUENCES AND RISKS TO HUMAN HEALTH AND THE ENVIRONMENT Scrap metal purchased as a feedstock by EAF steelmakers increasingly contains shielded radioactive sources, such as cesium-137 or cobalt-60. Typically, these are radioactive heads from gauges used in manufacturing operations that have shut down, or those contained in discarded hospital equipment, or in retired equipment resulting from U.S. military downsizing. These radioactive sources are generally shielded in lead containers, which can pass through even the most sensitive radiation detection devices.

Twenty-four accidental radioactive material smeltings have occurred in the United States since 1981 and hundreds more have been discovered before they were melted.

(See Attachment)

The increase in contaminated scrap is directly proportional to: (1) the number of radioactive devims licensed by the Nuclear Regulatory Commission ("NRC") over the last few decados; and (2) the NRC's failure to adequately track and control the safe disposition of these sources. According to 1993 NRC data, there were more than 550,000 radioactive sources in the United States, including: (a) 22,000 specific licensees; (b) 2,300 gauge licensees; (c) 31,600 general licensees; (d) 456,00010 C.F.R. 9 31.5 devices; and (e) 42,000 gauges. (RachoactMe Matsnalin MetalScraqp, Joel O. Lubenau, Nuclear Regulatory Commission)

The exact number of radioactive devices in the scrap metal supply is unknown. The NRC estimates that 15 sources are lost in the United States each year, but SMA member company experiences show that far more untraced or lost sources exist in the North American scrap supply. One major scrap broker discovered more than 300 radioactive) sources mixed with scrap metal between 1990 and 1993. Moreover, the NRC concluded M that:(1) total yearly reports of contaminated scrap metal has skyrocketed since 1988; and M (2) the actual number of reported discoveries of radioactive sources in scrap metal represent only the "tip of the iceberg." Lubenau at 13.

The absence of adequate regulations governing the issuance of licenses, and the sales, transfers, and disposal of licensed devices is painfully apparent.

Under the current regulatory framework, there is an economic disincentive for individual scrap dealers to identify lost radioactive sources before they are shipped in scrap to steel companies. Due to the high ats for proper disposal of a radioactive source the current regulatory system creates an incentive for the finder of a lost source to conceal rather than identify a radioactive source. As a result, sources are often sent to scrap processors or to EAF facilities.

SMA U 1730 Rhods leiend Avenus, NW W Sune 907 3 Wastungen DC 00036 5 U.S A 5 (202) 296-1515 5 Fax:(202) 296-2506 5 hep:/howw.

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STEEL COMPANY PREVENTATIVE MEASURES SMA companies with melt shops operate sophisticated radiation detection systems j to monitor incoming scrap at their truck and rail entry stations. They have implemented )

handling systems and safety procedures in the event a source is discovered. As most  !

licensed sources are contained in lead containers that shield the radioactivity, not even l

the most advanced detection systems can detect all the radioactive sources entering a i' plant. Technology alone is insufficient to solve the problem. Any solution must combine the efforts of the regulating agencies, the steel industry, and the scrap industry.

POTENTIAL HEALTH EFFECTS Despde their use of the best equipment to detect shielded sources, EAF companies  !

have become the innocent victims of the lost source problem. Most of the 24 accidental smeltings of radioactive material have involved scrap metal containing cesium-137 sources, an Atomic Energy Act material. When a cesium-137 source is melted, it contaminates equipment (including the EAF, baghouse, and duct systems), baghouse dust, and the surrounding facility. Radioacti,ve melts can pose potentially serious threats to workers, the surrounding community, and the environment. Only by sheer luck have there been no injuries or fatalities as a result of inadvertently rnetting of a radioactive source.

In one instance in Florida, a teletherapy unit was discovered prior to melting that was rated for 5,000 curies of cobalt-60. Had the unit contained its rated quantity of cobalt-60 and been melted, it would have subjected melt shop workers to a lethal dose of radiation, and the radiation would have spread for more than a mile.

ECONOMIC EFFECTS There are devastating economic consequences if a radioactive source is melted in an EAF. The resulting downtime and cleanup costs have a major negative' economic impact on steel companies.

Available data from five SMA companies indicate that the costs associated with decontaminating a facility after a radioactive melt range between $2 million and $4 million.

The costs of disposing and storing radioactive EAF dust range between $3 million and $15 million. Duo to the time a facility must cease steel production, the melting of a radioactive source can cost $5 million to $13 million in lost revenues. Thus, the total costs associated with melting a radioactive source typically exceed $10 million per melt and can be as high as $24 million per melt. In contrast, a licensee that illegally disposes of a radioactive source faces a fine equivalent to a speeding ticket, assuming the source can be traced back to the licensee, which cannot be done if a source is melted.

Snm 01730 Rhoes leiana Avenue. NW 5 Sune 907 5 Washmgton, DC 20036 5 U.S A 5 (202) 296-1515 M Fax:(202) 296-2506 5 hap:meww.stoodneto,g

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REGULATORY JURISDICTION  !

Contaminated EAF dust poses a problem that falls under both the Environmental Protection Agency (" EPA") and the NRC jurisdiction. EAF dust is already an EPA listed hazardous waste ("K061") that is regulated under the Resource Conservation and l  !

l Recovery Act (" RCRA"). When EAF dust is contaminated, it is also considered a low-level l mixed hazardous waste, and this falls under both EPA and NRC jurisdiction.  ;

i A regulatory gap exists for the disposition of radioactive contaminated EAF dust. y [

! Under current EPA and NRC regulations, radioactive EAF dust: (1) cannot be processed .,4 '

l at a typical High Temperature Metals Recovery ("HTMR") recycling facility, which is the  ;

i preferred method most commonly used for recycling EAF dust; and (2) cannot be stabilized M ~.

and disposed of in a lined RCRA hazardous waste landfill. L,s y i Consequently, six U.S. steel producers are temporarily storing on-site approximately 25,000 tons of low-level radioactive EAF dust for which there is no cost efficient recycling,

! treatment, or disposal option. These facilities are unfairiy exposed to potential citizen suits

' or enforcement actions because they typically are forced into the untenable position of having to store a RCRA hazardous waste (K061) on-site without being able to obtain the necessary RCRA storage permits. Until an appropriate regulatory solution is developed so that facilities can economically recycle, treat, and/or dispose of EAF dust with low levels of radioactivity, a growing number of U.S. steel producers will accumulate and have to l store low-level radioactive K061 on-site, despite the fact they are operating state-of-the-art i

detectors. This makes no economic or environmental sense.

PRE-MELT RECOMMENDATIONS l This problem must be addressed now. Regulatory solutions to the radioactive scrap

! metal problem must be divided into two separate areas: (1) preventive " ore-melt" l recommendations designed to prevent radioactive sources from entering the scrap stream and to remove radioactive sources currently in the scrap stream; and (2) " post-melt" solutions designed to assist EAF facilities that accidentally melt a radioactive source to decontaminate their facilities and dispose of contaminated EAF dust.

The NRC, EPA, Department of Energy (" DOE"), the Institute of Scrap Recycling Industries ("lSRl"), and the steel industry should initiate joint efforts to assure more effective control of radioactive sources. The EPA and NRC need to develop a coordinated and flexible approach to regulate low level mixed waste and establish a scientifically supported risk-based threshold for regulating a waste as " radioactive." l l

SMA has urged the NRC to impose licensing fees which could be rebated when proof is obtained that licensees have properly disposed of licensed radioactive sources.

! Moreover, the NRC should implement an incentive program under which scrap processors would have financial incentives rather than incur financial penalties for identifying sources  ;

! in the scrap stream.

1 SMA U 1730 Rhoes leiend Avenue, NW 5 Sune 907 5 Wastungeon, DC 20036 5 U.S.A. 5 (202) 296-1515 5 Fax: (202) 296-2506 5 tep/Awww 'e v I .- _!

5 The high cost of disposal creates an incentive for those who discover contaminated scrap metal to avoid notifying the appropriate authorities and to pass the contaminated scrap down the scrap stream. A scrap dealer who identifies radioactive material inherits the costs of appropriate disposal, unless the material can somehow be traced back to the licensee. EAF steel producers and their workers will continue to be the victims of ]

l radioactive melts, until, the NRC 'mplements a program that encourages dealers and l processors to remove radioactive sources from the scrap stream.

l POST-MELT SOLUTIONS Currently, EAF dust containing more than 2 pCl/g of cesium-137 cannot be recycled in a conventional high temperature metals recovery ("HTMR") facility. However, there is I concurrence among health physicists who have studied the issue that EAF dust with less than 50 pCi/g of cesium-137 can be safely recycled. It should not be subject to more stringent regulations than those applicable to wastewaters containing similar levels of cesium-137 which is allowed to be discharged from a NRC-licensed facility to a totally

! " unrestricted area."

A risk assessment report prepared for the SMA, including a comprehensive health assessment, supports an exemption under which EAF dust containing up to 100 pCl/g of cesium-137 could be stabilized to meet stringent leachate standards and landfill 6d in a hazardous waste landfill that meets all applicable requirements under RCRA (i.e., double liners and leachate collection systems). SMA has urged the NRC to provide guidance that l all EAF dust containing up to 50 pCl/g could be recycled by HTMR, and all EAF dust l containing up to 100 pCl/g could be stabilized and disposed in hazardous waste landfills i

subject to RCRA's land disposal restrictions. The current alternative is to leave the dust in storage facilities behind steel plants.

DOE mixed waste facilities should accept contaminated EAF dust for treatment and l disposal. DOE already has a program to properly dispose of radioactive ferrous scrap derived from government owned or licensed facilities. Until an adequate solution is found to remove radioactive material from the scrap metal stream and until regulations are implemented allowing radioactive EAF dust to be treated and disposed of at hazardous waste facilities, the NRC, EPA, and DOE should negotiate jointly a program under which DOE would accept radioactive EAF dust for treatment and disposal at DOE facilities.

i The Steel Manufacturers Association urges the NRC-State Working Group to i

support our proposed remedies to solve a serious problem in our industry.

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\ i SMA J 1730 Rhode island Avenue, NW 3 Sune 907 3 Washington, DC 20036 5 U.S.A. 3 (202) 296-1515 W Fax:(202) 296 2506 5 http/Avww._ .. icy

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,e Radioactive malenals in recycled metats 9 J. O. Lusenau amo J. G. Yusso 441 Table 1. Worldw oe smeitmgs of' radioactive sources.'

No. Year Metal Lacanon g pe osq j i --.* Au unknown. NY 2'*Ph 2 33 Fe unknown 3

Auburn Steet NY "Co 930 33 Fe Mexico' **Co '

4 83 Au 15.000 l unknown. NY 2 Am 5 x3 Fe unknown l Taiwan" **Co 6 34 Fe 0.37-0.74 I U.S. Pipe & Foundry. AL '"Cs 7 n3 Fe Bruk 0.J7-l.9 >

$ s3

• • Co unknown Fe TAMCO. CA \

9 37 Fe

'"Cs 56 Flonda Steel TN '"Cs io 37 Al 0.9) l

. Unned Tech. IN *Ra 0.74 11 'ss Pb ALCO Pacdic. CA 12 ss Cu

'"Cs 0.74 0.9) warnngton. MO IJ Ms Accet unknown Fe Italy-14 **Co unknown 39 Fe Bayou Steet LA ,

IS 39

'"Cs 19 t Fe Cytemp Spec. PA Th unknown 16 sv Fe Italy ,

17 '"Cs I.000 39 Al Rusua is 90 unknown unknown Fe NUCOR.UT 19 90

'"Cs unknown As Italy 20 90

'"Cs unknown Fe fretand ll 91

'"Cs unknown Fe India-

91 "Co 7.4 -20 Al Alcan Recychng. TN Th J 92 Fe unknown Newport Steel. KY '"Cs

4 42 12 Al Reynolds. VA 25 9 *Ra unknown Fe Border Steel TX

6 92

'"Cs 4.67.4 j

Fe Keyuone wire. IL '"Cs  ;

27 92 unkat en Cu EstontwRusua "'Co 1

s 93 unkarewn Fe Aucum Steel. NY 29

'"Cs 37 93 Fe Newport Steet. KY 30

'"Cs 7.4 u3 Fe Chaparral Steel TX '"Cs unknown 31 93 In Southern Zinc. GA DU 3: 91 unknown Fe Kushkstan- '"Co 03 33 93 Fe Flonda Steel TN '"Cs unknown 34 94 Fe Auburn Steet St';fL '"Cs 0.074 33 94 Fe U.S. Pipe & Foundry. CA '"Cs unknown

.v.,m -

• See Appenois for references. *

• ?futtspie saaes hase been reponed. The carhest occurred about 1910.

Contammated proJuet esponed to U.S.

At le.ast one contammasson mcident occurred in this time frume resultmg m contanunased plumbmg figungs exponed to the U 5 i

has e been reporu u(contammated structural steel used in buildings m Taipas. Taiwan. that were cuilt in this time frame eMarley 1 source of radioactive contamination of gold was discov- 1985). As a result of the scrapping, the

• Co source was cred in the U.S. in 1983 when gold contaminated with breached resulting in the -dispersion of 6.000 i mm 24'Am was found. The origin of the *Am was never  ;

diameter X 1 mm long pellets, each containing about 2.6 determined. l' GBq (70 mci) of activity. Eventually, metal scrap In 1983, a New York steel mill operated by Aubum contaminated by the "Co was transferred from the Steel Company discovered that it had accidently srvted scrapyard to steel mills and iron foundries in Mexico.  !

about 930 GBq (25 Ci) of "'Co (Bradley et al.198N. An where they were smelted with the steel scrap, causing in plant nuclear measunng gauge responded abnormally contamination of the plants and their products. Some of I as the contaminated steel was processed and thus gave these products reinforcing bars (rebar) and cast iron the initial indication to the mill workers that there was a table pieces were exported to the U.S. All of the rebar in problem. The plant had also become contaminated. 4 the U.S. estimated to be between 450 and 850 Mg (500  !

Fortunately, all of the contaminated steel products were to 930 tons) was returned to Mexico except for a small isolated at the plant and radiation exposures to the mill amount imbedded at construction sites where exposures workers from the contaminated facility and products and resultant heshh effects were considered to be un- l were minimal. Decontamination and radioactive waste likely or insignificant. About 2.500 cast iron table pieces disposal costs totaled 54.400.000 (1983 costs),

were found to be contaminated and these were returned A more serious contamination event involving

• Co to Mexico for disposal.

contamination of iron and steel products began unfolding Worldwide there are 35 reported cases where radio-in late 1983 when a ~'Co teletherapy unit was removed active materials were accidentally smelted, as a result of from storace in Ciudad Juarez Mexico. disassembled

~

the radioactive matenal being mixed with the metal scrap and sold ro a scrap yard iMarshall 1984: U.S. NRC (Table 1: see Appendix for a list of references for the 35 l

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l RADIOACTIVE MATERIAL IN METAL SCRAP i l 70-U.S.1983 - JUNE,1993 1!

E i:

= Reported Events (Finds & Smeltings) (Projected) y "' i 60 e t 0 AEA Material (Finds & Smeltings) ,-,-

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t Smeltings '

50 5 5

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m 40

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All Events -

20 {!

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10 ... ',, - &

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_ _ . =m 0 2 4 5 83 84 85 86 87 88 89 90 91 92 93 $

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k UNITED STATES I i f. i NUCLEAR REGULATORY COMMISSION  !

% ,! WASHINGTON D.C. 205SM001 4 k~ *** ,oE February 12, 1996 .

TO: Working Group (W 7. Members ,

FROM:' Joel Lubena pv Co-chair Md  :

l RE: Agreement te Public Workshop and 3rd meeting of the  !

Working Gr p  !

By now you should have received copies of the transcript of our January 18-19, 1996 public workshop and the letter expressing our appreciation to our workshop panelists. The latter included as an attachment copies of public comments that have been received  ;

by NRC on the workshop. If you have not received these items, please let me know.

The workshop received considerable coverage by the trade press.

Please see Inside NRC, February 5, 1996 and American Metal  !

l Market, January 23, 1996.

The Office of State Programs has announced that a public workshop .

for Agreement States representatives will be held in Vancouver, Washington on March 5 & 6, 1996 (attachment 1). The workshop ]

will include a briefing of the Agreement State representatives on l l

the WG activities and will provide an opportunity for Agreement i State input on some of the technical issues that are facing us.  !

A draft agenda for this part of the meeting is attached I (attachment 2). Following this workshop, a public meeting of our WG will be held at the same location on March 7, 1996. A draft agenda for this meeting is attached (attachment 3) . As usual,

our meeting will be announced in the NRC Public Meeting

u nouncement System and copies of the meeting announcement and draft agenda will be mailed to all persons on our mailing list.

l State members of the WG should coordinate your travel plans for these meetings with Brenda Usilton, OSP, 301-415-2348.

A new item has been brought to our attention by Bruce Sanza, Illinois (attachment 4). We plan to include a discussion of this issue during the March 7 meeting.

As you remember, a field trip to a steel mill and scrap processing plant that had been planned in conjunction with our December, 1996 meeting was cancelled because of a combination of bad weather and time constraints. Martha Dibblee has offered to arrange for visits to a steel mill and scrap processing plant in i the Portland, Oregon vicinity on March 8, 1996 (again, weather

and time constraints permitting). If you plan to participate in l this field trip, please advise both Martha and Brenda. ,

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1 Bob Free and I had originally planned to consult with each of you individually by telephone this month to obtain your views on the next steps of our regulatory review. However, because of the need to develop plans for our participation in the Agreement State meeting, we have had to delay this. As an alternative, we would like to consult with each of you individually during our time in Vancouver. Please be prepared to give your views on the results of our public meetings, the public workshop, and public comments and your recommendations of what direction we should go to carry out our charter.

Bob and I look forward to seeing you in Vancouver, Washington.

i l

Attachements: As stated l l

cc w/ attachments: l i

WG liaisons R. Virgilio, OSP NRC PDR I

R. Paris, OR T. Strong, WA l cc w/o attachments: '

B. Usilton, OSP l

l 1

l l

5 U.S. NUCIEAR REXIIIA706 COMISSION Notice of Organization of Asp 2A. States Technical Womkmi@

AGENCY: U.S. Ntaclear Regulatory maimmicm ACTION: Notice of Mastirg StBMh3E: The U.S. Nuclear Regulatory n,mmmimmion (154C) staff plans to hold a public meeting for technical t v ---- 22tives of the Orgersiv*ir=1 of Agreement States (QhS). Agreement States are States idtidt have an==ari r==1=+<='y authority over cottain r=diaar+4ve materials. She smarpose of the meeting is to diamma Agreement State Program imens with Agreement State todmical

, - - datives. O. arrant topios for discussion include a Status Report an NRC E,-- Activities, i.e., NRC/ EPA Interface Issues, Implementation Prnr'a42*es ,

for ocupatibility Policy and Darvenimmioning Rule; and indivirkm1 break out seasicms on NRC's review of the Naticnal A<'ademy of Sciences Report /Madical h,-- Area; Inchastrial Radiup mLy; and Radioactive Devices. In an attempt to better amr=rvlate the rueber of attendees for this ukmig, advanced registration is required by February 14, 1996.

DAIE: 'Ihe meeting will be held fran 8:30 a.m. til 5:00 p.m on Martd15,1996, and fzt:sn 8:30 a.m. til 4:00 p.m. cn Nardt 6,1996.

ADGtESS: 'Iha meeting will be held at the Rod Lien Irm at the Quay, 100 Coltabia Street, Vancouver, Washington, 360/694-8341. Vancouver is located directly across the Coluabla River frua Pettland, Oregon, and is j served by the Portland airport. i PGt REGISIPATIN INPG59EIN OGfDCE: Brendat Usilton, Office of State Programs, Mail Stop CWFN-3-D-23, U.S. Itaclear Itagulatory humimmian, Washingtal, D.C. 20555, Talephtma 301/415-2348.

FGt PURDIER INPG49EIN GEChCr: Immetta Virgilio or Stephen Salason, Office ,

of State Programs, Mail Stop WFN-3-D-23, U.S. Itaclear Regulatory himmion, j Washington, D.C. at 301/415-2307 and 301,'415-2368, respectively.

ommuct CP 1HE le5 RING: 1he meeting will be cardw+=d in a menner that will Pita the cederly canthact of businnes. A i - 1pt of the amoand day of the meeting will be avai1=hle for is-p.ction, and copying for a fee, at the NRC Public nemarit Ibcon, 2120 L Street NW (Iower Imvel), Mmehington, D.C.

20555, on or about May 5, 1996.

1he following pe--ttres apply to public attendance at the meeting:

1. T--* irwis or t,tatements will be entertained as time permits on a first-came, first-served basis, follcwing breakout mession diammaion l and ==mmry.

2. Seating will be on a first-ocana, first-served basis.

Dated at Rockville, Maryland, this 2nd day of February,1996.

PGt 111E U.S. NUCIEAR REKEIA'IGN CDMISSIN Richard L. Bargart, Director Office of State R up _

lll* ..ll

l ls D-R-A-F-T l l

Agenda for Breakout Session on Regulation of Radioactive Devices Tuesday, March 5, 1996 9:45 - 10:00 am Call to Order l i

l Bob Free l 10:00 - 11:15 am Introduction

' l 1

The Problem ,

l NRC & Agreement State Actions to Date l The Working Group Public Workshop Results Joel Lubenau 11:15 - 11:45 am The Challenge - Technical Issues l What sources and devices are of concern?

What can be done to improve / enhance the i i identification of devices? i What are the regulatory aspects of l design changes?  !

What are the regulatory impediments to l reporting and disposing of "found"  !

l sources & devices?  !

Bob Free l

1:00 - 3:00 pm Sources and Devices of regulatory concern i Bob Free & Joel Lubenau 3:00 - 3:30 pm Identifying devices l

j Bob Free & Joel Lubenau i

l 3:30 - 4:15 pm Design changes l Bob Free & Joel Lubenau

! 4:15 - 6:00 pm Disposal impediments Bob Free & Joel Lubenau l

T i

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.e D-R-A-F-T Agenda for 3rd meeting of the Working Group March 7, 1996 8:00 - 8:30 am Call to Order Co-chairs 8:30 - 10:30 am Options for funding increased regulatory oversight of radioactivt devices Working Group )

10:30 - 12 noon Insurance options for metal making and recycling industries i Insurance company representative Working Group Lunch i

1:00 - 2:00 pm Removing disincentives for proper disposal of licensed devices i l

Compact representative a Working Group I 2:00 - 3:03 pm Gauges Using Exempt Sources Working Group

i I

l 3:00 - 4:00 pm Review of Working Group Charter Tasks Working group 4:00 - 5:00 pm Workplan for Working Group Report Co-Chairs Note: Opportunities will be available during each session for public comment.

l I

2/8/96 Note to Bob Free Bruce Sanza. IL brought this to my attention. Perhaps we should add this to the WG meeting agenda. It concerns NRC permitting a gauge manufacturer to distribute gauges sans a radioactive source and instructing the customer to j l purchase u,n to 10 exempt quantities of radioactive material and insert them into the device. According to our legal counsel, this is not prohibited under l present regulations. Having these types of devices out there is going to l confound the efforts of steel mills and scrap 3rocessors to detect improperly disposed sources. The WG may wish to review t11s and make recommendations to  ;

the Commission.

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• .... g l I 1995 Richard Ratliff, Chief Bureau of Radiation Control Texas Department of Health 1100 W 49th Street Austin, TX 78756-3189

Dear Mr. Ratliff:

This is in reply to the questions you raised in your letter to me of l

February 15. 1995, concerning a device manufactured by Ronan Engineering Company, Florence, Kentucky.

You included a NRC letter (R. L. Baer to Ronan Engineering Company, dated June 3, 1994), which described an acceptable procedure for the use of radioact.' sources under 10 CFR 30.18 of NRC's regulations. This letter had received prior NRC legal review and the procedure described is not in violation of any NRC regulations. I have enclosed a copy of this letter, for your convenience, as Enclosure 1. A second letter (R. L. Baer to Ronan l Engineering, dated March 2, 1995) is enclosed as Enclosure 2, which further explains the case where a specific licensee of NRC or an Agreement State receives exempt quantities of radioactive material pursuant to 10 CFR 30.18 or an equivalent. Agreement State regulation.

Y.)u pointed out in your letter that one of the conditions of licensure,10 CFR

.12.19(d), states that " Exempt Quantities _ Should Not Be Combined." In the Ronan case described, it is our understanding that exempt quantities of j radioactive material are not being combined and the radioactive material i i remains in the exempt form of 10 discrete radioactive sources.

1 l In conclusion, the procedure described is acceptable pursuant to current NRC l

regulations and the user of such a device would be exempt from NRC l regulations. However, as Mr. Baer pointe i out in the enclosed March 2,1995, letter, specific licensees are not relieved of any responsibilities under their license and, with regard to radiati)n safety and protection standards, must consider all sources of radiation present when determining Occupational  !

Dose (as defined in 10 CFR 20.1003 Occupational Dose).

Sin erely, R[bertJ.Doda l State Agreements Officer 1 Enclosures As Stated j l

l 9wsn)Cc 7'!, l

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Richard Ratliff 1 l bec w/ enclosures:

l LCallan SCollins CHackney WBrown Texas File ,

1 PLohaus, SP RBaer, NMSS i

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l DOCUMENT NAME: P:\doda\40.bjd To rece6ve copy of document indicate in bejtsfC* = Cogwithout enclosures "E" = Copy wrth enclosures *N* = No copy e l CL RC // M7 DIV ff/\ l RA F RIV:SP0 l l RJDoda/cj @ WLBrtokd ' JMM6nt'gomery LJEs hn

• )/18li/95 1 /,t,/95 $/lb/vo  % / 1/95 / /95 0FFICIAL RECORD COPY '

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' Ronan Engineering Company , 1 Measurements Division  ;

ATTN: Bon Cahill General Manager i 8050 Production Drive i Florence, XY 41042 t 1

Dear Mr. Cah111:

tacstmtle dated May 7, 1994, in which you This letter is in response to your <

asaec for verificition that tne advice you plan to give to your customer will l not put you, your customer, or the rersons supplying sources under an NRC 1 ense issued 9ursuant to 10 CTR 32.:8 in violation of NRC regulations.

l .

Specificaliy. you plan to advise your custorcer to purchase 10 sources each l naving a cuantity of typroouct : sate.-tal wnicn does not exceed the applicable quantity set forta in 10 CFR 30 31, 3checule 8 from a person specifically licensed by NRC pursuant to 10 CFR 32.28 and place them into a protective stainless steel tube, designed by Ronan. The customer is then advised to You are l insert the tube into a raald nousing oppostte a radiation detector.

aavising your customer that ne is exempt, pursuant to 10 CFR 30.18, from the requirements for a license to use the sources in this configuration. ^

l i

The situation cescribec in your facstatie does not violate any NRC regulat1ons t

l as long as your customer is not specifically licensed by NRC or a pursuant to 10 CFR 32.!8.

'f you have any acdttional questions, please contact me at (301) 415-8125 or Mr. John Lubtnsxt of my statf et (3C:) 415-7868.

Sincerely,

?l sobert L. 5aer, Branch Chief l 3ource Containment and I

Devtces Branch

~,t.iston of Industrial and Medical Nuclear Safety

~

ce; Vickt Jeffs ,

j '

i Radiation Control Branch Cabinet of Human Resources  ?

ENCLOSL'RE 1

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I: 95 :: ::::N E_:::  : : f : : :. y. .;.95

, 9: 47 No.001 P.06 l M. arch 2, 1995 j Ronan Engineering Company Measurements Division l ATTN: Mr. Thomas Niinemets l Assistant General Manager l 8050 Production Drive j j

Flcrence, KY 41042 1

Dear Mr. Niinemets:

( j

! This letter is in response to your facsimile dated February 16, 1995, in which i

! you requested clarification of the next to last paragraph of sly letter of June /

3,1994, to Mr. Cahill, General Manager of Ronan Engineering Company (see l i attached).

l The intent of that paragraph was to point out that members of the public and l y n:ral licensees could receive exempt quantities of material directly fros l tha person licensed pursuant to 10 CFR 32.18 without being obligated to meet

other NRC regulations. However, as we previously discussed on the telephone, i

I this does not apply to persons or organizations who are specifically licensed '

l by the NRC or an Agreement State. Spec 1fic licensees are not relieved of any l responsibilities under their license ano. with regard to Radiation Safety and Protection Standards, must consider all sources of radiation present when detensining Occupational Dose (as defined in 10 CFR 20.1003 Occupational Dose). Exempt quantity materials should be handled the same as ifcensed material s .

I hope this clarifies the situation.

f Sincerely,

% Signet my l

Robert L. Baer, Branch Chief Source Containment and l Devices Branch I Division of Industrial and Medical Nuclear Safety cc: Vicki Jeffs Radiation Control Branch Cabinet of Human Resources DISTRIBUTION:

SSSS Staff SSSS r/f SCDB rif NMSS r/f MFederline

.Piccone PVacca i IMNS c/f SBaggett SGreene LCamper JLubinski

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02/N/95 _ _

i G: JROMAN.RLB ENCLOSURE 2 l Df ,

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l Texas Department of Health David R. Smith. M.D. I100 West 49th Street Carol S. Daniels Commissioner Austin Tevs 78756 3189 Deputy Commissioner for Programs

( (512) 438-711i Radiation Control Roy L. Hogan  !

(512) 834-6688 Deputy Commissioner for Administration l

February 15, 1995 ,

1 Mr. Robert J. Doda l State Agreements Program i United States Nuclear Regulatory Commission l 611 Ryan Plaza Drive, Suite 400 r Arlington, Texas 76011 Dear Mr. Dodt Recently, one of my staff was contacted by the Raciation Safety Officer (RSO) of a licensee who had just discovered that a new density gauge was being planned for his facility without his

! knowledge. When the RSO confronted the engineer in charge, he was told that the gauge did not  ;

come under the jurisdiction of the United States Nuclear Regulatory Commission (NRC) or the l State of Texas because he was using exempt quantities of Cs-137. The cc:rpany, supplying the device (Ronan Engineering Company - Florence, Kentucky) had indicated to d e engmeer that they could acquire ten 9 Ci Cs-137 sources and place them into the device with St coming under the jurisdiction of either Texas or the NRC. As documentation for such an aathority, the Ronan i representative provided the engineer with a letter from the NRC that seems to allow the use of several exempt quantities in a single device (copy NRC Letter dated June 3,1995 enclosed).

We take exception to this letter because it implies that several individual sources containing exempt quantitie< can be combined and placed into a device with no regulatory control. Please note that the combination of these sources would cause them to be used as a single quantity of radioactive material in excess of the exempt quantity, contrary to the limitations of 10 CFR 30.18. In addition, the rule describing the conditions of licensure [10 CFR 32.19(d)] for distribution of exempt quantities requires the distributor to place on the label or a brochure accompanying the exempt source, the words, " Exempt Quantities Should Not be Combined." This would indicate that the intent of the rule was not to allow the use of multiple quantities of exempt sources in the same device or application.

We would appreciate you looking into this problem and providing resolution of our conflicting views.

Sincerely, , . . ,

r , f f9 % .,/

i Richard A. Ratliff, , Chief 4 Bureau of Radiation' C 01

( Enclosure l

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