ML20149J020
| ML20149J020 | |
| Person / Time | |
|---|---|
| Issue date: | 07/18/1997 |
| From: | Cool D NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Flater D IOWA, STATE OF |
| References | |
| SSD, NUDOCS 9707280010 | |
| Download: ML20149J020 (3) | |
Text
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l s* NUCLEAR REGULATORY COMMISSION
- WASHINGTON, D.C. 20555-0001 I gg# July 18, 1997 Donald A. Flater, Chief l Bureau of Radiological Health l Department of Public Health i Lucas State Office Building Des Moine, IA 50319-0075 l
Dear Mr. Flater:
This letter is in reference to your letter dated March 4,1997, to Aric Stroup, John Deere.
You indicated in your letter that there is no regulatcry preclusion from disposal of tritium exit signs in normal trash. NRC would disagree with this conclusion conceming disposal of tritium exit signs. I If John Deere possessed and used tritium exit signs within NRC jurisdiction, John Deere would need to be licensed by NRC under a 10 CFR Part 30 specific license or the I 10 CFR 31.5 general license.'
Persons specific licensed under 10 CFR Part 30 must meet the disposal requirements in 10 CFR Part 20. These requirements clearly preclude disposal of the tritium exit signs in normal trash.
Persons general licensed under 10 CFR 31.5 must meet the requirements provided in 10 CFR 31.5. These requirements include 10 CFR 31.5(c)(8) that indicates that the general )
licensee ".. shall transfer or dispose (emphasis added] of the device containing byproduct , !
material only by transfer to persons holding a specific license pursuant to parts 30 and 32 of ' ;
i this chapter or from an Agreement State to receive the device.. " This requnement clearly 1 precludes disposal of the tritium exit signs in normal trash. Although 10 CFR 31.5(c)(10) indicates that general licensees are exempt from most of the requirements of
' 10 CFR Part 20, including the disposal requirements included in Part 20, NRC notes that general licensees must meet the requirement included in 10 CFR 31.5(c)(8) for disposal.
Under the current criteria for Agreement State Compatibility Determinations, Agreement States are required to adopt regulations that are at least as restrictive as 10 CFR 31.5.
Therefore, Iowa's regulations for use of tritium exit signs should preclude the disposal of J tritium exit signs in normal trash. If Iowa's regulations are at least as restrictive as 10 CFR ID !
31.5, NRC suggests you contact John Deere to clarify the requirements for disposal of tritium I
' NRC'does note that there is a general license in 10 CFR 31.7 for tritium exit signs. However, this general license is not applicable since it only applies to use of the signs as safety devices for use in aircraft. In addition, NRC notes that there is an exemption provided in 10 CFR 30.19 for self-luminous products containing tritium. However, this exemption is not applicable since it requires that the products be initially distributed in accordance with a 10 CFR 32.22 license. No 10 CFR 32.22 licenses have ever authorized distribution nf tritium lilllllillallillIlllllBIHlkill i=4 * * *
- 9707280010 970718
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1 D A. Flater l l
exit signs. If lowa's regulations are less restrictive than 10 CFR 31.5, you should contact NRC's Office of State Programs.
If you have any questions concerning this letter, please contact John Lubinski of my staff at (301) 415-7868.
Sincerely, CC 9
Donald A. Cool, Director Division of Industrial and Medical Nuclear Safety Office of Nuclear Material Safety and Safeguards cc:
Richard Bangart, NRC Office of State Programs John Madera, NRC Region 111 Distribution: IMNS-5819 Closed L SSSS Staff SSSS r/f NE03 V SBaggett JLynch, Rll!
- s o previous concurrence DOCUMENT NAME: G:\lOWA5819.
To r...#v. . copy or thi. oocum.nt. indic.i. in en. box: c - copy without tt.chmentienciosur. E' = Copy with attachment /enclosur. "N" = No copy OFFICE IMAB* E IMAB* N OSP* D:IMNSy }
NAME JLubinski/jl 1. Camper RBangart DACpol y DATE 07/10/97 07/11/97 07/18/97 07/p/97 }s /
OFFICIAL RECORD COPY
D. A. Flater exit signs. If Iowa's regulations are less restrictive than 10 CFR 31.5, you should contact NRC's Office of State Programs.
If you have any questions concerning this letter, please contact John Lubinski of my staff at (301) 415-7868.
Sincerely, . -
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Donald A. Cool, Director Division of Industrial and Medical Nuclear Safety Office of Nuclear Material Safety and Safeguards cc:
Richard Bangart, NRC Office of State Programs John Madera, NRO Region til ,
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