ML20236R682
| ML20236R682 | |
| Person / Time | |
|---|---|
| Issue date: | 07/16/1998 |
| From: | Knapp M NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | King L AFFILIATION NOT ASSIGNED |
| References | |
| SSD, NUDOCS 9807220207 | |
| Download: ML20236R682 (7) | |
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' UNITED STATES 3
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NUCLEAR REGULATORY COMMISSION
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WASHINGTON, D.C. 20056 0001 July 16, 1998 Ms. 8 bda S. King
' P.O. Jox 3333
- N. Ft. Myers, FL 33918
Dear Ms. King:
This ktter is in response'to your letter dated February 24,1998, to Mr. Al Ignatonis, of the Nuclear Regulatory Commission (NRC), and is intended as further clarification of the letter to you dated October 14,1997, from Dr. Carl J. Paperiello, of the NRC. In the case that you have described, it appears that there are two concems: is there uranium in the analyzed soil at concentrations greater than background and if so, by whom should it be regulated; and is there
.U-235 in this uranium at an enrichment that is greater than naturally occurring.
I in the United States, the background concentration of uranium in soils is about 1 to 2 pCi/g. In
.the sample analyses you provided, the uranium concentrations are about one tenth that national average. Therefore, it does not appear that there is uranium in excess of that which is found to occur naturally in soil.
There are two different ways *.o determine the U-235 enrichment in a uranium mixture; by weight, and by activitypNaturally occurring uranium is about 0.7% U-235 by weight.- In other words, for every 1000 atoms of naturally occurring uranium, about 7 of them are U-235.'
l However, the U-235 in naturally occurring uranium contributes about 5% of the activity of the l
sample. This is because U-235 has a higher specific activity, or activity per gram of material.
The first and third spectral analysis provided show the relative activities of U-235 to U-238 to be 1 about SE This corresponds to 0.7% U-235 by weight,'or natural abundance of U-235, as would be expected. The remaining sample failed to detect U-235 with sufficient confidence to indicate its presence. Therefore, it does not appear that the U-235 enrichment in this sample i
exceeds that which occurs naturally in soils.
- Given that the sample analysis data you provided do not indicate the presence of uranium in greater than natural concentrations, nor do they indicate U-235 enrichments greater than 0
naturally occurring, the uranium present in these samples would not require a license from the NRC or from the State of Florida. In fact, the analyses you provided do not indicate the -
~
L presence of any radioactive material not found naturally in soils in similar or higher ~
. concentrations.
L If there were uranium present in concentrations greater than that which occurs naturally in soil,
~ it might be subject to the requirements of the NRC or of the State, depending on where it is, and how much there is. Thirty States (including Florida) have entered into agreements with the -
NRC to regulate certain radioactive materials and are referred to as Agreement States, in e
general, any person in an Agreement State who manufactures, produces, receives, possesses,
' uses or transfers byproduct material, source material, or special nuclear material in quantities
.not sufficient to form a critical mass is exempt from the requirement for an NRC license. For U-
. 235, an amount exceeding 350 grams constitutes a critical massi Therefore, licensees in p Eba 9907220207 9907M j
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Ms. Linds S. King 2
July 16,1998 possession of amounts of U-235 greater than 350 grams (not including naturally occurring uranium) are regulated by the NRC. Amounts of U-235 not exceeding 350 grams (not including naturally occurring uranium) are regulated by the State in an Agreement State (Florida in this case), or by the NRC in a State that has not entered into such an agreement. Since there does not appear to be any uranium or other radioactive material at this site in excess of natural background,'neither a NRC license nor a State of Florida license is needed.
Finally, your letter expresses your expectation for a response within a specified period of time.
We have attempted to respond to each of your requests for information as expeditiously as possible, keeping in mind our mission to protect public health and safety. Given that the information you provided does not indicate the presence of a health and safety concern, it has been handled as time permits. I am truly sorry if this delay has caused you concern, but given budget constraints, the agency must focus its resources on addressing health and safe'y issues.
I hope that this letter clarifies the issues for you, and I again apologize for any confusion caused by previous communications.
Sincerely, Original signed by Malcolm R. Knapp, Acting Director Office of Nuclear Material Safety and Safeguards Distribution:
IMNS r/f NMSS r/f Allegations, Rll
' NE02-SSD-7.
CHosey, Ril FL. Dept. of Health
'PDR Mdlp__ Central File _
05 P = /3 a 4 a r DOCUMENT NAME: A:\\ KING.CTR
- see previous concurrence Ta receive a copy of this document, indicate in the box: *C' = Copy without attachment / enclosure "E" = Copy with attachment / enclosure
- N" = No copy *See previOU OP/PftOOPED/ JULY 9,1999 OFFICE MSB l
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Ms. Linds S. King 2
possession of amounts of U-235 greater than 350 grams (not including naturally occurring uranium) are regulated by the NRC. Amounts of U-235 not exceeding 350 grams (not incluuing naturally occurring uranium) are regulated by the State in an Agreement State (Florida in this case), or by the NRC in a State that has not entered into such an agreement. Since there does not appear to be any uranium or other radioactive material at this site in excess of natural background, neither a NRC license nor a State of Florida license is needed.
Finally, your letter expresses your expectation for a response within a specified period of time.
We have attempted to respond to each of your requests for information as expeditiously as possible, keeping in mind our mission to protect public health and safety. Given that the information you provided does not indicate the presence of a health and safety concern, it has been handled as time permits. I am truly sorry if this delay has caused you concern, but given budget constraints, the agency must focus its resources on addressing health and safety issues.
I hope that this letter clarifies the issues for you, and I again apologize for any confusion caused by previous communications.
Sincerely, fAk k*
Malcolm R. Knapp, Acting Director Office of Nuclear Material Safety and Safeguards i
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'Ms. Linda S. King P.O. Box 3333 N. Ft. Myers, FL 33918
Dear Ms. King:
This letter is in response to your letter dated February 24,1998, to Mr. Al Ignatonis, of the Nuclear Regulatory Commission (NRC), and is intended as further clarification of the !e rto you dated October 14,1997, from Dr. Carl J. Paperiello, of the NRC.
The State of Florida has entered into an agreement with the NRC to regulate ce in radioactive materials and therefore is referred to as an Agreement Stata, in general, any rson in an Agreement State who manufactures, produces, receives, possesses, uses o ransfers byproduct material, source material, or special nuclear material in quantiti not sufficient to form a critical mass is exempt from the requirement for an NRC license.
ourletter requests clarification regarding the NRC's jurisdiction over use of U-235. Secti 150.11 of NRC's r
regulations contains a detailed description of the amount of material ich constitutes a critical mass. For U-235, an amount exceeding 350 grams constitutes a ' ical mass Therefore, licensees in possession of amounts of U-235 greater than 350 ms are regulated by the NRC. Amounts of U-235 not exceeding 350 grams are regula by an Agreement State (Florida in this case) as a result of the exemption for an NR license. -To determine whether the' exemption granted in NRC regulations applies at any rticular location, a person is required to consider the total quantity of special nuclear aterial at the location at any one time.
In the case that you have described, if the quantit' of uranium-235 on site do not exceed the 350 grams listed in the regulations, then the site uld be exempt from NRC regulation.
Please note however, that the site would then subject to the regulations of the State of Florida.- For information regarding applicable lorida State regulations, you should contact the Office of Radiation Control, Department of alth and Rehabilitative Services,1817 Winewood Boulevard, Tallahassee, FL, 3239g-0700 by telephone, at (904) 487-1004.
L I apologize for any confusion, and ho this response clarifies NRC jurisdiction in this issue.
i Sincerely, Malcolm R. Knapp, Acting Director l.
Office of Nuclear Material Safety and Safeguards Distnbution.
IMNS r#
NMSS r/f Allegations, Ril NE02-SSD-7 CHosey, Ril PDR NRC Central File L
DOCUMENTNAME 4: KING.WFD
' *see previous concurr6nce Ta seenive a espy of thle f #
Indeses in the hos: "C" = Copy without attachment / enclosure
- E* = Copy with attachment / enclosure "N" = No copy *See previou OFFICE MSB/
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Ms. Linda S. King P.O. Box 3333 N. Ft. Myers, FL 33918
Dear Ms. King:
l This letter is in response to your letter dated February 24,1998, to Mr. Al Ignatonis, of the Nuclear Regulatory Commission (NRC), and is intended as further clarification of the letter to you dated October 14,1997, from Dr. Carl J. Paperie!Io, of the NRC.
The State of Florida has entered into an agreement with the NRC to regulate certain radioactive materials and therefore is referred to as an Agreement State. Any person in an Agreement State who manufactures, produces, receives, possesses, uses or transfers byproduct material, source material, or special nuclear material in quantities not sufficient to form a critical mass is exempt from the requirement for an NRC license. Your letter addresses 350 grams of U-235, which is the critical mass for uranium enriched in this particular isotope' Amounts of U-235 below 350 grams are regulated by an Agreement State (Florida in this case) as a result of the exemption for an NRC license. To determine whether the exemption granted in NRC regulations applies at any particular location, a person is required to consider the total quantity of special nuclear material at the location at any one time.
In the case that you have described, if the quantities of uranium-235 on site do not exceed the 350 grams listed in the regulations, then the site would be exempt from NRC regulation. Please note however, that the site would then be subject to the regulations of the State of Fiorida. For information regarding applicable Florida State regulations, you should contact the Office of Radiatio'n Control, Department of Health and Rehabilitative Services,1817 Winewood Boulevart', Tallahassee, FL, 32399-0700 or by telephone, at (904) 487-1004.
I apologize for any confusion, and hope thi esponse clarifies NRC jurisdiction in this issue.
/
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Sincerely,
/
/
/
Malcolm R. Knapp, Acting Director j/
Office of Nuclear Material Safety 7
and Safeguards
/
Distribution:
/
IMNS r/f NMSS r/f NE02-SSD-7 CHosey, Ril Algnatonis, Ril PDR ves
/ no NRC Central File DOCUMENT NAME: A:\\2 KING.
D To r:ceivs a copy of this document, indicate in t e box: "C", = Copy without attachment / enclosure
'E" = Copy with tttichment/ enclosure
N" = No copy
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l Ms. Linda S. King f'
P.O. Box 3333 N. Ft. Myers, FL 33918
/
Dear Ms. King:
/
This letter is in response to your letter dated February 24,1998, to Mr. Al Ignatonis, of the Nuclear Regulatory Commission (NRC), and is intended as further clarification of the letter to you dated October 14,1997, from Dr. Carl J. Paperiello, of the NRC.
The State of Florida has entered into an agreement with the NRC to regulate certain radioactive materials and therefore is referred to as an Agreement State. Any person in'an Agreement State who manufactures, produces, receives, possesses, uses or transfers' byproduct material, source material, or special nuclear material in quantities not sufficient to (orm a critical mass is exempt from the requirement for an NRC license. Your letter addresses 350 grams of U-235, which is the critical mass for uranium enriched in this particular isotop'e. Amounts of U 235 below 350 grams are regulated by an Agreement State (Florida in/his case) as a result of the exemption for an NRC license. To determine whether the exemption granted in NRC regulations applies at any particular location, a person is require'd to consider the total quantity of special nuclear material at the location at any one time, in the case that you have described, if the quantities of ur nium-235 on site do not exceed the 350 grams listed in the regulations, then the site would e exempt from NRC regulation.
Please note however, that the site would then be subj ct to the regulations of the State of Florida. For information regarding applicable Florida' State regulations, you should contact the Office of Radiation Control, Department of Health a' d Rehabilitative Services,1817 Winewood n
Boulevard, Tallahassee, FL,32399-0700 or by te$ phone, at (904) 487-1004.
I apologize for any confusion, and hope this r sponse clarifies NRC jurisdiction in this issue.
Sincerely, Malcolm R. Knapp, Acting Director Office of Nuclear Material Safety and Safeguards Distribution:
IMNS r/f NMSS r/f' NE02-SSD-7 CHosey, Ril Algnatonis, Ril PDR yes no NRC Central File DOCUMENT NAME: A:\\2 KING.WPD fo receive o copy of this document, indicate in the box: 'C" = Copy without ottochm nt/ enclosure T =
Copy with attachrdent/ enclosure "N" = No copy kdLO FArMII>
OFFICE MSB l
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Ms. Linda S. King
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N. Ft. Myers, FL 33918 c
Dear Ms. King:
This letter is in response to our letter dated February 24,1998, to Mr. Al Ignatonis, of the Nuclear Regulatory Comm' sion (NRC), and is intended as further clarification of the letter to you dated October 14,19, from Dr. Carl J. Paperiello, of the NRC.
The State of Florida has ntered into an agreement with the NRC to regulate certain radioactive materials and therefore ' referred to as an Agreement State. In general, any person in an Agreement State who manufactures, produces, receives, possesses, uses or transfers.
byproduct material, s rce material, or special nuclear material in quantities not sufficient to form a critical mass i exempt from the requirement for an NRC license. Your letter requests clarification regardi the NRC's jurisdiction over use of U-235. Section 150.11 of NRC's regulations contal a detailed description of the amount material which constitutes a critical masc. For U-235 his a,T,0=t !c ege! te ?SO 70me. Therefore, licensees in possession of amounts of U-235 greater than p q.c 'O350 grams are regulated by the NRC. Amounts of U-23 350 grams are re ulated by an Agreement State (Florida in this case) as a result of th exemption for an NRC li nse. To determine whether the exemption granted in NRC re ations applies at any pa ular location, a person is required to consider the total quantity special nuclear material he location at any one time.
In the case that you have described,if the quantities of uranium-235 on site do not exceed the 350 grams listed in the regulations, then the site would be exempt from NRC regulation.
Please note however, that the site would then be subject to the regulations of the State of Florida. For information regarding applicable Florida State regulations, you should contact the Office of Radiation Control, Department of Health and Rehabilitative Services,1817 Winewood Boulevard, Tallahassee, FL,32399-0700 or by telephone, at (904) 487-1004.
i I apologize for any confusion, and hope this response ciarifies NRC jurisdiction in this issue.
Sincerely, kotud Malcolm R. Knapp, Acting Director Office of Nuclear Material Safety and Safeguards
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