ML20217L007
| ML20217L007 | |
| Person / Time | |
|---|---|
| Issue date: | 02/27/1988 |
| From: | Bernero R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Beckjord E NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20217L002 | List: |
| References | |
| FRN-56FR67011, RULE-PR-31, RULE-PR-32 AD34-1-047, AD34-1-47, NUDOCS 9708190010 | |
| Download: ML20217L007 (4) | |
Text
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's,..... Y FEB211988 MEMORANDUM FOR:
Eric S. Beckjord, Director Office of Nuclear Regulatory Research FROM:
Robert M. Bernero, Director Office of Nuclear Material Safety and Safeguards
SUBJECT:
REQUEST FOR RULEMAKING 10 CFR 31.5, TRACKING OF DEVICES CONTAINING BYPRODUCT FMTERIAL By memorandum of July 9,1988, we requested that your office initiate a rulemaking to improve tracking of devices used under the general license provisions of 10 CFR 31.5.
On January 17, 1989, our staffs' met to discuss what additional information was needed to support your effort.
Please find enclosed a proposed Regulatory Agenda Entry, a proposed Timetable, and a proposed Task Summary Sheet to support your efforts.
The public will benefit from this rule because it will be spared unnecessary radiation exposure and the expense incurred when it is necessary for public health and safety organizations to retrieve contaminated products. As such, we consider this rule to have a very high priority. The NMSS contact for this rulemaking is Steven Baggett who can be reached on ext. 20542.
Robert M. Bernero, Director Office of Nuclear Material Safety and Safeguards
Enclosures:
1.
Proposed Regulatory Agenda Entry 2.
Proposed Task Sumary Sheet g ccy/enclCJoe; Mates 4 l
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REGULATORY AGENDA E,NTRY
~ TITLE:
Requirements for Possession of Industrial Devices.
CFR CITATION:
10 CFR 31.5 ABSTRACT:
Industrial devices that contain byproduct material are used in many manufacturing processes where it would be inconvenient or hazardous to-perform necessary measurements by other means.
There have been cases in which devices were improperly maintained, improperly transferred, or inadvertently discarded.
When a device is transferred to a scrap metal processor, during reprocessing the sealed source capsule can be breached, resulting.in the contamination of the entire batch of scrap metal with subsequent unnecessary radiation exposure to the public from the re-used metal. This problem is urgent because of the potential radiation exposure and expense incurred when it is necessary to retrieve manufactured items. fabricated from contaminated metal.
The scrap metal industry is helping by teaching reprocessors how to identify potential sources of radiation that could be found in incoming scrap metal.
However, the NRC does not believe this voluntary effort is sufficient.
Because this effort only identifies the problem after loss of the device by the general licensee.
Because of the large number of general licensees (35,000).usingabout 400,000 low risk devices, an increased NRC inspection program would not be an efficient use of staff resources. A reporting program under which the device user periodically reports to the NRC that the device is still in use, or reports to whom it has been transferred, appears to be the most efficient method for assuring that devices are not improperly transferred, or inadvertently discarded. The periodic report would be a small burden on device users and NRC, but would save reprocessors and public health and safety agencies significant amounts of staff time by reducing the chance of a device being improperly transferred, or_ inadvertently diccarded. NRC will need about one professional staff-year to complete the final rule.
TIMETABLE:
Elapsed time from EDO Action
' approval of rulemaITng:
E00 Approves Rulemakirg March 31, 1989 Proposed Action for Office inncur October 30, 1989 Proposed Action to ELO January 31, 1990' Proposed Action Pub lished February 28, 1990 Public Comment Periad Completed April 30, 1990 Final Rule to EDO January 31, 1990 Final. Rule to Federal Register February 28, 1990 Enclosure i
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f.;
. LEGAL AUTHORITY:.
- 42 USC 2111; 42 USC 2114; 42 USC 2201 EFFECTS ON SMALL BUSINESSES _AND_OTHER ENTITIES: YES AGENCY: CONTACT:
Joseph J. Mate
- 0ffice of Regulatory Research Washington, D.C.
20555
_301)492-3795
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\\,1 TASK
SUMMARY
SHEET Purpose of Tath:
X New Task Datet Task Titlet Requirements for Possession of Task #:
General Licensed Devices PPSAS #,t,t Task Descriptions:
General licenses for certain uses of by)rodLet material are established in the regulations and are effective without tie submissiu of a license appitcation.
General licenses are established to permit possession and use of byproduct material without filing an application, thus, eliminating a large number of repetitive licensing actions.
General licensees who possess gauqes are subject to the requirements specified in Section 31.5 of 10 CFR Part 3L.
During the past several years there have been almost no inspections of general licensees. As a result, until recently, there was litt1' or no data on whether the current general license mechanism was an effective means of assuring the public health and safety.
In March 1983 NMSS began a two phase study of several kinds of general licenses to determine the adequacy of control and the effectiveness of the radiation protection of workers and the general public.
Further information about the study can be found in Fuel Cycle Task files as TFC 83-9.
The subject of Phase I of the study was gauges. The study indicated that the requirement
- of Section 31.5 were not being adhered to in all cases aad that some gauge
'uld not be located.
NMSS has undertaken several actions as a result of i i findings. All of these actions but one are documented and tracked on,
k TFC 83-9, At the May 6,1985 NMSS program review, the EDO recommended that rulemaking changes be initiated at the conclusion of the gauge portion of the general license study rather than awaiting the conclusion of the entire study. A request to permit initiation of rulemaking was submitted to the RIRB on September 10, 1985.
The RES Director recommended EDO approval on March 6, 1986. The EDO approved initiation of this rulemaking on June 17, 1986.
In June 1986, Mr. Davis directed that the rulemaking be suspended until Phase
!! of the study was complete.
Phase 11 is complete and a user need memo was sent to RES in July 1988, requesting initiation of rulemaking.
This action will accomplish the rulemaking requirements of fuel Cycle Task F8-83-9.
Project Manager: Steven Baggett, IMAB, x20542 Productsj _ Notice of Proposed Rulemaking, and Notice of Final Rulemaking Other Organizational-Inputs Required: None Concurrence Required:
OGC, ADM, kES, GPA, and 9 1 five Regions
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UNITED sT A1Es Morris NUCLEAR REGUL ATORY COMMISSION Rosztoczy 4
wasniwotow.o c.tn6s DiPalo/ Mate h,, s MAY : 6 1989 Rian e..*
pg j, pt S D 3 ll ~ l PDR MEMORANDUM FOR:
Eric S. Beckjord, Director Office of Nuclear Regulatory Research FRON:
Victor Stello, Jr.
Executive Director for Operations
SUBJECT:
INITIATION OF RULEMAKING - REQUIREMENTS F0.1 POSSES $10NOFINDUSTRIALDEVICES(10CFR31)
I approve initiation of rulemaking:
" Requirements fa;' Psssession of IndustrialDevices(10CFR31)."
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'ictor telfo, Jr.
Executive Director for Operations 4
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wasaewetow.o.c. m u File FE8 8 71918 MEMORANDUM TOR:
Eric S. Beckjord, Director Office of Nuclear Regulatory Research FRON:
Robert M. Bernero, Director Office of Nucleer hte 141 Safety and Safeguards
SUBJECT:
RE0 VEST FOR RULEMAKING 10 CFR 31.5, TRACKING Of DEVICES CONTAINING BYPRODUCT MATERIAL By memorandum of July 9,1988, we requested that your office initiate a rulemaking to improve tracking of devices used under the general Itcense provisions of 10 CFR 31.5. On January 17, 1989, our staffs' met to discuss what additional information was needed to support your effort. Please find enclosed a proposed Regulatory Agenda Entry, a proposed Timetable, and a proposed Task Summary $heet to support your efforts.
The public will benefit from this rule because it will be spared unnecessary radiation exposure and the expense incurred when it is necessary for pubite health and safe we consider thn,ty organizations to retrieve contaminated products. As such, rule to have a very high priority.
The NMSS contact for this rulemaking is Steven Baggett who can be reached on ext. 20542.
- : -_ s Robert M. Bernero, Director Office of Nuclear Material Safety and Safeguards Enclosures 1.
Proposed Regulatory Agenda Entry 2.
Proposed Task Summary Sheet cc w/ enc 1: Joe Mates g 094CMM+
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een cases in which devices were improperly maintained, improperly transferred, or inadvertentl When a device is transferred to a scrap metal processor,y discarded. during reprocessing the sealed source capsule can be breached. This results in the contamination of the entire batch of scrap metal and subsequent unnecessary radiation exposure to the pubite from the re-used metal.- In addition, expense must be incurred to retrieve items manufactured from the contaminated metal. In order to reduce the chance of industrial devices containing byproduct material being improperly transferred or inadvertently discarded, a periodic reporting system would be established. This reporting system would place only a small burden on industry and NRC staff. Device users would be required to report >eriodically to the NRC that the device is still in use or to whom the device las been transferred. J 2 NHSS considers this to be a high priority rulemaking which will benefit the public by sparing it from unnecessary radiation exposure and the expense that could be incurred when it is necessary for contaminated products to be retrieved. Eric S. Beckjord Director Office of Nuclear, Regulatory Research
Enclosures:
1.
Regulatory Agenda Entry 2.
NMSS Task Summary Sheet 2
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TITLE:
j Requirements for Posuession of Industrial Devices l
CFR' CITATION:
)
APSTRACT:
Industrial devices that contain byproduct material are used in many manufacturing processes where it would be 3
inconvenient or hazardous to perform necessary measurements i
by other means.
There have been cases in which devices were improperly maintained, improperly transferred, or inadvertent 1y' discarded.
When a device in transferred to a scrap metal-processor, during reprocessing the sealed source capsule can be breached, resulting.in the contamination of the entire batch of scrap metal with subsequent unnecessary radiation exposure to the public from the re-used metal.
This problem is urgent because of the potential radiation exposure and expense incurred when it is necessary to retrieve manufactured items fabracated from contaminated metal.
The scrap metal industry is helping by teaching reprocessors how to identif y potential sources of radiation that could be found in incoming scrap metal.
However, the NRC does not believe this voluntary ef fort i s sufficient because this effort only identiftes the problem after loss of-r the devied by the general licensee.
Decause of the large l
number of general licensees (35,000) using about 400,000 i
devices, a substantial NRC inspection program would not be an efficient use of staff resources.
A reporting program under which the device user periodically reports to the NRC that
-. the device-is still i n use, or reports to whom it has been transferred, appears to be the most ef ficient method f or assuring that devices are not improperly transferred or inadvertently discarded.
The periodic report would be a small burden on device users and NRC, but would save reprocessors and public health and saf ety agencies significant amounts of staff time by reducing the chance of a device being improperly transf erred or inadvertently discarded.
NRC will need about one professional staff year:
to complete.the' final rule.
I-Enclosure'1
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TIMETADLE:
Proposed Action to Officos 7 months after EDO approval for Concurrence Proposed Action to EDO 10 mariths af ter EDO approval Proposed Actior. Published 11 months after EDO approvat Proposed Action Public 13 months citer EDO approval Comment Period Ends Final Action to EDO 23 months after EDO approval Final Action to Federal 24 months after EDO approval Register for Publication LEGAL AUTHORITY:
42 USC 21113 42 USC 21141 42 USC 2201 EFFECTS ON SMALL DUSINESS AND OTHER ENTITIES:
Yes AGENCY CONTACT:
Joseph J.
Mate Nuclear Regulatory Commission Office of Nuclear Regulatory Research Washington, DC 20555 301 492-3795 4
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NMSS - TASK SL8 MARY SHEET Purpose of Task:
X New Task Date:
Task
Title:
Rsquirements for Possession of Task f:
General Licensed Devices PPSAS f:
Task Descriptions.
seners' licenses for certain uses of byproduct material are established in the i
F F
regulations and are effective without t w submission of a license application.- General licenses are established to byproduct material without filing an application, permit possession and use of thus, eliminating a large number of repetitive licensing actions. General licensees who possess gauqes-are subject to the requirements specified in Section 31.5 of 10 CFR Part 3L.
During the past several years there have been almost no inspections of general L
licensees. As a result, until recently, there was little or no data on j '
whether the current general license mechanism was an effective means of i
assurin stue o'g the public health and safety.
In March 1983, NMSS began a two phase several kinds of general licenses to determine the adequacy of control and l'he effectiveness of the radiation protection of workers and the general public.
Further information about the stu# can be found in Fuel Cycle Task files as TFC 83-9.
The subject of Phase 1 of the study was gauges.
The stub indicated that the i
--requirements of Section 31.5 were not be< ng adhered to in all cases and that some gauges could not be located. NMSS has undertaken several actions as a result of these findings. Al? of these actions but one are documented and tracked on task TFC 83 9.
At the May 6,1985 NMSS program review.-the E00 recommended that rulemaking changes be initiated at the conclusion of the gauge portion of the general L
license stub rather ther, awaiting the conclusion of the entire stuQ. A request to permit initiation of rulemaking was submitto.' to the RIR8 on September 10, 1985.. The RES' Director recommended EDO approval on March 6, 1986. The EDO approved initiation of this rulemaking on June 17, 1986.
In ' June 1986 Mr. Davis directed that the rulemaking be suspended until Phase 11 of the study was complete.
Phase !! is complete and a user need memo was sent.to RES in July 1988, requesting initiation of rulemaking.- This action will accomplish the rulemaking requirements of Fuel Cycle Task F8-83-9.
Project Manager:. Steven Baggett, IMA8, x20542 Products: Notice of Proposed Rulemaking, and Notice of Final Rulemaking-Other Organizational, Inputs' Required: 'None
i o.
MEMORANDUM FOR: Victor Stello, Jr.
Executive Director for Operations FROM:
Eric S. Beckjord, Director Office of Nuclear Regulatory Research
SUBJECT:
INITIATION OF RULEMAKING--REQUIREMENTS FOR POSSESSION OF INDUSTRIAL DEVICES (10 CFR 31)
By memorandum dated February 27, 1989, NMSS has requested that RES initiate a rulemaking to improve the tracking of devices containing byproduct material used under the general license provisions of 10 CFR 31.5.
Industrial devices containing byproduct material are used in many manufacturing processes. This proposed rulemaking was previously approved for initiation by the EDO on June 17, 1986; however, action was withdrawn pending completion of an NMSS study of generain Itcensees and the adequacy of control and effectiveness of radiation protection of workers and the general pubitc. RES has reviewed this request and recommends proceeding with this specific rulemaking at this time.
Currently, there are approximately 400,000 devices being used by generai licensees.
There have been cases in which devices were improperly maintained, improperly transferred or inadvertently discarded. When a device is transferred to a scrap metal processor, during reprocessing the sealed source capsule can be breached. This results in the contamination of the entire batch of scrap metal and sub:Lquent unnecessary radiation exposure to the public from the re-used metal.
In addition, expense must be incurred to retrieve items manufactured from the contaminated metal.
In order to reduce the chance of industrial devices containing byproduct material being improperly transferred or inadvertently discarded, a periodic reporting system would be established. This reporting system would place only a small burden on industry and NRC staff.
Device users would be required to report >eriodically to the NRC that the device is still in use or to whom the device las been transferred.
o n
e
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.e-2 HMSS considers this to be a high priority rulemaking which will benefit the public by sparing it from unnecessary radiation exposure and the expense that could be incurred when it is necessary for contaminated products to be retrieved.
Eric S. Beckjord, Director Office of Nuclear Regulatory Research
Enclosures:
1.
Regulatory Agenda Entry 2.
HMSS Task Sumary Sheet Distribution:
[!NDUSTRIALDEYlCES]
CIRC /CHRON RDB Reading / Subject RM081 CSHichar JMate AJDiPalo ZRosztoczy BMorris Dross TSpeis ESBeckjord RCunningham, NMSS RBernero, NMSS RD
- RES R RA:iES RDB
- RES tchar J
AD d/J9/89 3 /a3/89 J 427/8 Offe: Mb DRA:RE DN DD/R: PES DD/GRI:RES D:RES Name:
ZRosztoczy BMorri Cunningham RBern o DFRoss TPSpets ESBeckjord t///89
//4y/89
/ 14 / 8 9
/ /89
/ /89
/ /89 L
Date:
3 /J(/89 0FFICIAL RECORD COPY p--
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UNITED STATES 3
NUCLEAR REGULATORY COMMISSION a
o W AEHING TON. D. C. 20565
%.....)'
MEMORANDUM FOR:
Victor $tello, Jr.
Executive Director for Operations FROM:
Eric S. Beckjord, Director Office of Nuclear Regulatory Research
SUBJECT:
INITIATION CF RULEMAKING-REQUIREMENTS FOR POSSESSION OF INDUSTRIALDEVICES(10CFR31)
By memorandum dated February rulemaking to improve the tracking of27, 1989, devices containing byproduct material NMSS has requested that RES initiate a used under the general license provisions of 10 CFR 31.5.
Industrial devices containing byproduct material are used in many manufacturing processes.
This proposed rulemaking was previously approved for initiation by the EDO on June 17 1986 however, action was withdrawn pending completion of an NHSS studyofgener;atlicenseesandtheadequacyofcontrolendeffectivenessof radiation protection of workers and the general public.
RES has reviewed this request and recommends proceeding with t.11s specific rulemaking at this time.
general IIcensees.re approximately 400,000 b eis@ devices were Currently there a devices beini used by There have been cases 1 which m)roperly maintained, improperly transferred, or inadvertently discarded. Wien a device is transferred to a scrap metal source capsule can be breached. processor, during reprocessing the sealed This results in the contamination of the entire batch of scrap metal and subsequent unnecessary radiation exposure to the public from the re-used metal.
In addition, expense must be incurred to retrieve items manufactured from the contaminated metal.
In order to reduce the chance of industrial devices containing byproduct material being improperly transferred or ina'dvertently discarded,ld place only a periodic reporting system would be established.
This reporting system wou a small burden on industry and NRC staff. Device users would be required to report >eriodically to the NRC that the device is still in use or to whom the device las been transferredt l.
r e
TITLC Requirements for Possession of Industrial Devi ces CFR CITATION:
10 CFR 31 ADSTRACT:
Industrial devices that contain byproduct material are used in many manuf acturing processew w.wt # i c would be inconvenient or hazardous to perform necessary measurements by other means.
There have been cases in which devices were improperly maintained, improperly transf erred, or inadvertently _ discarded.
When a device is transferred to a scrap metal processor, during reprocessing the sealed source capsule can be breached, resulting in the contamination of the entire batch of scrap metal with subsequent unnecessary radiation exposure to the public from the re-used metal.
Thip problem is urgent because of the potential radiation exposure and expense incurred when it is necessary to retrieve manufactured items fabricated from contaminated metal.
The scrap metal industry is helping by teaching reprocessors how to identif y potential sources of radiation that could be found in incoming scrap metal.
However, the NRC does not believe thi s voluntary ef f ort is sufficient because this ef f ort only identi fies the problem af ter loss of the device by the general licensen.
Because of the large kmhe general _11,censees (35,000) using about 400,000 7
h/ r - rof 1 9 devices, -. i.-,.. --
NRC i nspecti on program woul d
/ not be an ef ficient use of staff resources.
A reporting f
,/
program under which the device user periodically reports to the NRC that the device is still in use, or reports to whom it has been transferred, appears to be the most efficient method for assuring that devices are not improperly transferred or inadvertently discarded.
The periodic report would be a small burden on device users and NRC, but would save reprocessors and public health and safety agencies significant amounts of staff time by reducing the chance of a device being improperly transf erred or inadvertently discarded.
NRC will need about one prof essional staff year to complete the final rule.
.