ML20147B324
| ML20147B324 | |
| Person / Time | |
|---|---|
| Issue date: | 01/21/1997 |
| From: | Jim Hickey NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Phillips M NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| References | |
| REF-WM-3 NUDOCS 9701310035 | |
| Download: ML20147B324 (6) | |
Text
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UNITED STATES go.D j
NUCLEAR REGULATORY COMMISSION j,, -
t WASHINGTON, D.C. 20555- @ 01 January 21, 1997 MEMORANDUM TO:
Monte Pnillips, Chief Materials Inspection Branch 2 Division of Nuclear Materials Safety Region III e.
FROM:
John W. N. Hickey, Chief -
Low-LevelWasteandDecoNssioning J
Projects Branch Division of Waste Management Office of Nuclear Material Safety and Safeguards
SUBJECT:
CLARIFICATION OF THE EXEMPTION AT 10 CFR 40.13(c) FOR PRODUCTS CONTAINING MAGNESIUM-THORIUM ALLOYS This is in response to a request from Janies Cameron, of your staff, for clarification of the exemption at 10 CFR 40.13(c)(4) for products containing magnesium-thorium alloys and guidance on the appropriate NRC staff actions in the event that they become aware of past, or ongoing, operations that may fall outside of this exemption.
Mr. Cameron described an instance in which a scrap recycler, who received a vt. raft engines manufactured with magnesium-thorium alloy (at less than 4% by weight), broke the engines into smaller )ieces and sent the pieces to a smelter.
Mr. Cameron questioned the impact tlat the chop]ing and smelting of the engine parts had on the exemption and inquired whetler facilities that perform this type of operatior would be required to obtain a radioactive materials license.
10 CFR 40.13(c) states that "Any person is exempt from the regulations in this part and from the requirements for a license set forth in section 62 of the
[ Atomic Energy] Act to the extent that such person receives. possesses, uses, or transfers.
.(4) Any finished product or part fabricated of, or containing, tungsten or magnesium-thorium alloys, provided that the thorium content of the alloy does not exceed 4 percent by weight and that the exemption contained in this subparagraph shall not authorize the chemical, physical, or metallurgical treatment or processing cf any such product or part."
As summarized in NUREG/CR-5560. " Health Physics Positions Database. Rev 1 February 1994. "the NRC staff has determined that persons that possess scrap containing magnesium-thorium alloys do not need to obtain a radioactive materials license primarif y because they will not typically have definitive i
information on the chemical content of the material.
However, this exemption does not extend to the chemical, physical, or metallurgical treatment or
.I processing of the scrap" (see HPPOS-133 (copy attached)).
Chopping or smelting the scrap engines would constitute physical treatment of the engines and. as such, persons who perform this o)eration would need to obtain either a general or specific license to process t1e scrap material containing CONTACT: Robert Nelson, NMSS/DWM gg
@Y 301-415-7298 9701310035 970121 I
PDR WASTE y@0 W
PDR 2S
1 M. Phillips <
l magnesium-thorium alloy.
The determination of which type of license would
~
depend on the total amount of thorium (source material) possessed by an individual facility.
10 CFR Part 40.22 describes the licensing requirements for small quantities of 1
source materiC.
Part 40 ??(a) states that a general license is issued to l
commercial and industrial firms, and others, to possess, use and transfer not more than 15 pounds of source material (or about 375 pounds of scrap magnesium-thorium alloy) at any one time, nor receive more than 150 pounds of source material in any one calendar year.
If an individual possesses more than 15 pounds of source material in the aggregate at any one time, or more than 150 pounds, in the aggregate, of source material in any calendar year.
l they would be required to obtain a specific license from the NRC or the 3
appropriate Agreement State authority.
If the staff becomes dware of instances where scrap recyclers, or others.
process scra) containing source material in quantities that would require that 1
the person o]tain a radioactive materials license, the NRC staff should inform that person of their obligation to obtain the license.
If the staff becomes aware of facilities that previously processed scrap containing source material i
they should first determine whether a significant threat to public health and i
safety does, or could. exist using the information available to them.
If such 1
a threat does not, or is unlikely to, exist they should document their evaluation and forward it to the appropriate Regional management for review and concurrence.
Review of this documentation should include the NRC's Office j
of the General Counsel.
If the staff's evaluation indicates that a significant threat to public health l
and safety exists, or is likely to exist, the staff should immediately bring i
the matter to the appropriate Regional management.
Regional management should i
review the information and the staff's evaluation and determine whether additional staff actions, which may include site visits to evaluate the radiological condition of the facility, are warranted.
Because definitive information on the extent of contamination at facilities that processed j
products containing magnesium-thorium alloys is limited. it is difficult to develop specific guidance on when on-site evaluations are warranted.
As such.
1 I suggest that, when the staff becomes aware of facilities that are currently processing, or have processed products containing magnesium-thorium alloys that may pose a threat to public health and safety, they contact the Division of Waste Management (DWM) for guidance in evaluating the facility.
DWM will also track these sites to determine the extent of the potential problem.
If you have any questions, please contact Robert Nelson of my staff at (301) 415-7298.
Attachment:
As stated 1
M..Phillips,
magnesium-thorium alloy. The determination of which type of license would depend on the total amount of thorium (source material) possessed by an individual facility.
10 CFR Part 40.22 describes the licensing requirements for small quantities of source material.
Part 40.22(a) states that a general license is issued to commercial and industrial firms, and others, to possess, use and transfer not more than 15 pounds of source material (or about 375 pounds of scrap magnesium-thorium alloy) at any one time, nor receive more than 150 pounds of source material in any one calendar year.
If an individual possesses more than 15 pounds of source material in the aggregate at any one time, or more than 150 pounds, in the aggregate, of source material in any calendar year.
they would be required to obtain a specific license from the NRC or the appropriate Agreement State authority.
If the staff becomes aware of instances where scrap recyclers, or others, process scra) containing source material in quantities that would require that the person o)tain a radioactive materials license, the NRC staff should inform that person of their obligation to obtain the license.
If the staff becomes aware of facilities that previously processed scrap containing source material they should first determine whether a significant threat to public health and safety does, or could, exist using the information available to them.
If such a threat does not, or is unlikely to, exist, they should document their evaluation and forward it to the appropriate Regional management for review and concurrence.
Review of this documen ation should include the NRC's Office of the General Counsel.
If the staff's evaluation indicates that a significant threat to public health and safety exists, or is likely to exist, the staff should immediately bring the matter to the appropriate Regional management.
Regional management should review the information and the staff's evaluation and determine whether additional staff actions, which may include site visits to evaluate the radiological condition of the facility, are warranted.
Because definitive information on the extent of contamination at facilities that processed products containing magnesium-thorium alloys is limited, it is difficult to develop specific guidance on when on-site evaluations are warranted. As such.
I suggest that, when the staff becomes aware of facilities that are currently processing, or have processed products containing magnesium-thorium alloys that may pose a threat to public health and safety, they contact the Division of Waste Management (DWM) for guidance in evaluating the facility.
DWM will also track these sites to determine the extent of the potential problem.
If you have any questions please contact Robert Nelson of my staff at (301) 415-7298.
Attachment:
As stated TICKET:
N/A DISTRIBUTION: Central F D LLDP r/f NMSS r/f PUBLIC JSurmeier iederline JGreeves Path & File Name:
S:\\DWM\\LLDP\\DA0\\MAGTROR J 0c m d '
LLDP,1Mj
$0GC n hMN LLDE //
0FC LLDP /
NAME D0(dndo RNe[ son EW hk Jkckey
' i/97 1/1 //97 DATE 1//[/97 1/d/97 1/l(o/97 1/l 0FFICIAL RECORD COPY ACNW: YES X
NO Category:
Proprietary or CF Only IG YES NO X
LSS : YES NO X
Delete file after distribution:
Yes X No
y HPPOS Summaries HPPOS-133 PDR-911121(1357 Regulatory references: 10 CFR 40.13,10 CFR 40.22
Title:
Exemption of Thorium-Containing Scrap Under Subject codes: 3.3,3.8 10 CFR 40.13(e)(4) 60104 Applicability: Source Material See the memorandum from L Dubinski to R. W.
70.19 Kirkman (and others) dated May 9,1966. This memo states that the possession of tungsten-or magnesium-HPPOS-239 PDR-9111210366 thorium scrap with a thorium content <4% by weight, J. H.
is exempt from regulations pursuant to 10 CFR 11de: C1artfiation of Generic letter 81-38, " Storage 1
40.13(c)(4).
of low level Radioacthe Wastes at Power Reactor (tions Sites
- The following is an excerpt from a memorandum from temo-the Enforcement Branch, Division of State and Licen.
See the memorandum from L J. Cunningham and see Relations, with which the Division of Compliance P. Lohaus to M. R. Knapp (and others) dated subject concurred:
January 31,1991. This memo provides guidance for stions Generic Letter 81-38 and states that NRC licensees "Under the provisions of 10 CFR 40.13(c)(4) an.y should minimize on-site storage of low-level radioac-se use finished nroduct or part fabricated of or contain-tive waste. Licensecs who construct storage facilities, ing magnesium-thorium alloy with a thorium con-or expand existing facilitics with the intention of gion tent not exceediug 4% by weight is exempt from storing waste for more than five years should obtain a yand the regulations in Part 40, except that the exemp-separate Part 30 license. HPPOS-264 and HPPOS-278 pe, or tion does not extend to the chemical, physical or contain related topics, nstru-metallurgical treatment or processing of any such and (3) product or part."
Various questions from Regional inspectors and
,se Headquarter reviewers had arisen concerning whether
- own,
" Persons who receive possession of scrap contain-Generic Letter 81-38 required nuclear power reactor 3r ing magnesium-thorium alloys, in most instan es, limnsees to limit the storage time for radioactive will have no definitive information as to the chet>
waste generated by normal reactor operation and libra-ical content of the rnetal. Accordingly,it does not maintenance to five years or less. Generic lett~ 81-stagraph saem reascnable or necessary to require these per-38 reflects the position of the NRC that alllicensees hse limit sons to obtain a source material license to author-should minimize on-site storage of low-level radio-
$ in one ize possession of such material."
active waste. However, the Commission recognizes hments that reactor licensees need to have interim (short-
'The Division of Safety Standards recognizes the term) storage capability while disposal capacity is problem of wording in 10 CFR 40.13(c)(4) and is being developed by the States. The intent is that v, it is planning to prepare an appropriate amendment of licensees who wnstruct or expand storage facilities ins all Part 40 to clarify that no license is needed by with the intention of storing waste for more than five encral persons who receive scrap magnesium thorium years should obtain a separate Part 30 license. The ecific alloy containing not more than 4% by weight of guidance provided in Generic Letter 81-38 was not hs and thorium."
intended to be applied to single packages or just a few use of Packages of waste. Likewise, radioactive componenti tsee cho The above quotation deals only with magnesium-such as replaced steam generators or heat exchangers, thorium alloys. However, the conclusion is equally generated through non routine maintenance, were not applicable to tungsten thorium alloys.
intended to be included within the scope of Generic Letter 81-38. 'lne Commission is considering a The net effect of the explanation is to construe "any number of low-level waste storage issues, including finished product or part" to include items that have factors that need to be addressed in deciding whether been discarded as scrap. Note that the exemption to authorize storage beyond January 1,1996. These does not extend to chemical, physical or metallurgical activities are a part of the Commission's evaluat.on of treatment or proccuing of the scrap.
possible actions to be taken in response to the 1996 title transfer and possession provisions of the Lc v-Attachment u
NIIRFG/CR W9 Revidnn 1
- - - - - - - - - - _~ - - - -
M. Phillips.
10 CFR Part 40.22 describes the licensing requirements for small quantities of source material.
Part 40.22(a) states that a general license is issued to commercial and industrial firms, and others, to possess, use and transfer not more than 15 pounds of source material (or about 375 pounds of scrap magnesium-thorium alloy) at any one time, nor receive more than 150 pounds of source material in any one calendar year.
If an individual possesses more than 15 pounds of source material in the aggregate at any one time, or more than 150 pounds, in the aggregate, of source material in any calendar year, they would be required to obtain a specific license from the NRC or the appropriate Agreem' t State authority.
If the staff becomes aw e of instances where scrap recyclers, or others, process scra) containing(bqurce material in quantities that would require that the person o]tain a radioac ive materials license, the NRC staff should inform that person of their obligati n to obtain the license.
If the staff becomes aware of facilities that previ sly processed scrap containing source material they should first determine whet er a significant threat to public health and safety does, or could, exist usin the information available to them.
If such a threat does not, or is unlikely t. exist they should document their evaluation and forward it to the app riate Regional management for review and concurrence.
Review of this docum tation should include the NRC's Office of the General Counsel.
If the staff's evaluation indicates that a s' nificant threat to public health and safety exists or is likely to exist the aff should immediately bring the matter to the appropriate Regional managemen Regional management should review the information and the staff's evaluation d determine whether additional staff actions, which may include site vis'ts to evaluate the radiological condicion of the facility, are warranted.
Because definitive information on the extent of contamination at facilitie that processed products containing magnesium-thorium alloys is limited.
is difficult to develop specific guidance on when on-site evaluations are ranted. As such.
I suggest that, when the staff becomes aware of facilities t t are currently processing, or have processed, products containing magnesium-t rium alloys that may pose a threat to public health and safety, they contact the Division of Waste Management (DWM) for guidance in evaluating the facility.
DWM will also track these sites to determine the extent of the potential pro'lem.
If you have any questions, please contact Robert Nelson at (301) 415-298.
CKET:
N/A A DISTRIBUTION: Central File LLDP r/f NMSS r/f PUBLIC JSurmeier MFederline JGreeves To recsive a copy of this document in semil box on "0FC:" line enter:
"C" = Copy without attachment / enclosure; "E" = Copy with cttachment/ enclosure; "H" = No copy Path & File Name:
S:\\DWM\\LLDP\\DA0\\MAGTHOR OFC LLDP LLDP OGC IMNS LLDP NAME D0r} d RNelson RFonner DCool JHickey lDATE 1//i/97 1/ /97 1/ /97 1/ /97 1/ /97 0FFICIAL RECORD COPY ACNW: YES X
NO Category:
Proprietary or CF Only IG YES NO X
LSS : YES NO X
Delete file after distribution:
Yes X No
e 1
s From:
Jamnes L. Cameron To:
N7(MFW)
Date:
9/16/96 8:53am l
Subject:
. mag-thor disposal -
i-This message is being resent.
3 i
- Mike, l
l We have an allegation in Rill regarding a recycler who received aircraft engines manufacturered with magnesium-thorium alloy (< 4%). The recycler chopped the engines and sent the pieces to a smelter. I understand that RI had a similar case and information I received from Ron Bellamy's group was that HQ's position was that that i
i was O.K. More specifically, the exemption contained in 10 CFR 40.13(c)(4) does not j
restrict disposal methods. Our question is, how does the restriction against " chemical, physical or metallurgical treatment or processing" come into play in this specific case?
Is smelting not considered a physical or metallurgical treatment or process? Is there j
generic guidance from NMSS on this issue?
j We would appreciate any guidance you can provide us on this issue so that we can j
close out this allegation as soon as possible.
i Thanks.
J l
CC:
MPP j
I j
j j