ML20246F225
| ML20246F225 | |
| Person / Time | |
|---|---|
| Issue date: | 03/20/1989 |
| From: | Miller V NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA) |
| To: | Mcgrath J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| Shared Package | |
| ML20245C323 | List:
|
| References | |
| FOIA-89-182 NUDOCS 8905120171 | |
| Download: ML20246F225 (1) | |
Text
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March 20,1989
'2 MEMORANDUM FOR:
John McGrath Regional State Agreements Representative Region I FROM:
Yandy Miller, Assistant Director 4
for State Agreements Program State, Local and Indian Tribe Programs
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SUBJECT:
UNAUTHORIZED DISTRIBUTION OF CONSUMER PRODUCTS CONTAINING SOURCE MATERIAL a
As you should be aware, lightening rods containing thorium are being distributed by a New York State general licensee, Heary Brothers.
These devices have come to the attention of several Agreement and
)
non-Agreement States and recently received mention in a recent issue of the CRCPD Newsletter. One State, Michigan, requested NRC views on the matter from Region III and the Region requested HMSS input. NMSS' response which is agreed with by OGC is that the devices are a consumer product (enclosure). Consumer products 1
containing source material have been authorized pursuant to j
rulemakings affecting 40 CFR 13 " Unimportant quantities of source material." However, no such rulemaking exists for lightning rods containing source material.
Further, the distribution of consumer products is not an activity that was i
contemplated 65 coming under the general license of 10 CFR 40.22.
4 You should advise the New York Department of Labor of NRC staff's q
views.
In your review of the New York Department of Labor radiation control program later this month, please obtain a commitment from the State to take prompt action to cease the distribution of the lightning rods by the general licensee since distribution of these devices as consumer products is not an authorized activity under the State general license.
It would also be appropriate to request the State to obtain a plan from the general licensee for recovery 1
of devices that have been distributed.
)
The State may inform the licensee that it may petitir>n MC for a j
rulemaking to allow distribution of such rievices as cuosumer i
products pursuant to 10 CFR 2.802, " Petit:o.4 /or Rulemaking."
We will issue a letter to all Agreement and non-Agreement States 1
l informing them that NRC does not consider the distribution of J
lightning rods containing thorium as a consumer product to be j
an authorized activity.
I
Enclosure:
As stated Distribution:
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