ML20198P613
| ML20198P613 | |
| Person / Time | |
|---|---|
| Issue date: | 01/04/1999 |
| From: | Dennise Orlando NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Scudder P External (Affiliation Not Assigned) |
| References | |
| NUDOCS 9901070092 | |
| Download: ML20198P613 (3) | |
Text
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WASHfNGTON, D.C. 20555-0001
%.v y January 4,1999 Mr. Peter Scudder, CHMM Technical Services Representative Environmental Enterprises, Inc.
10163 Cincinnati-Dayton Rd.
Cincinnati, OH 452341
Dear Mr. Scudder:
I am writing in response to your letter, dated December 10,1998, regarding the reWatory status of Alumina Zirconia powder sand material containing source material. Per your letter, the materialin question contains uranium and thorium in concentrations of 0.02 and less than 0.01 percent by weight, respectively,.
Under the Atomic Energy Act of 1954, the Nuclear Regulatory Commission (NRC) regulates the civilian use of certain nuclear materials (called source, special nuclear and byproduct material) in the United States. Some States have entered into an agreement with NRC to regulate source, special nuclear, and byproduct material at non-Federal facilities within their borders, in lieu of NRC. These States are referred to as Agreement States. Therefore, it is important to determine whether the Alumina Zirconia powder sand will be raanaged in an Agreement State j
or in a State where NRC has not relinquished regulatory autholity for source, special nuclear, or byproduct material to the State. From your letter, it appears that the material will be managed in Ohio, which is not currently an Agreement State. Note that Ohio has indicated that it intends to become an Agreement State in the near future and, as such, the regulatory status of the material may change based on the regulations promulgated by the State of Ohio when it becomes an Agreement State.
NRC regulations at 10 CFR Part 40.4 define source material as "(1) Uranium or thonum, or any combination thereof, in any chemical or nhysical form or (2) ores which contain by weight one-
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twentieth of 1 percent (0.05%) or more of: (i) Uranium, (ii) thorium or (iii) any combination
[/d therecf." NRC regulations at 10 CFR 40.13 discuss the licensing requirements for " unimportant quantities" of source material. As discussed in 10 CFR Part 40.13(a), if the material contains uranium or thorium or any combination thereof, at a total concentration of less than 0.05 w percent a hcense would not be required to receive, possess, use, transfer or deliver the material, if the material contained uranium or thorium in excess of 0.05 percent by weight, either a general or specific license would be required to receive, possess, etc., the material.
Therefore, based on the information in your December 10,1998 letter, individuals receiving, possessing, using, transferring or delivering the Alumina Z;rconia powder are exempt from the NRC's requirements for obtaining a radioactive materials license. You may wish to periodically
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t Mr. P. Scudder validate the source material concentrations in the Alumina Zirconia powder to ensure that this exemption remains in effect.
l If you have any questions, please feel free to contact me at (301) 415-6749.
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[ original signed by:]
Dominick A. Orlando, Project Manager l
Low-Level Waste and Decommissioning Projects Branch Division of Waste Management Office of Material Safety i
and Safeguards TICKET:n/a DISTRIBUTION: $ Central File LLDP r/f NMSS r/f RJohnson JHickey 2
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- SEE PREVIOUS CONCURRENCE DOCUMENT NAME: S:\\DWM\\LLDP\\DAO\\SCUDER.WPD l&Ohr{[hp LLDP
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DOrlanh hb)W RNels NAME DATE 12//f/98 12 / li/98 h Y/jHI@
OFFICIAL RECORD COPY l
LSS:
YES NO_X_
ACNW: Y5S.__
NO_X_
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YES NO_X_
Delete file after distribution YES _
NO_X_
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