ML20248J972
| ML20248J972 | |
| Person / Time | |
|---|---|
| Issue date: | 05/21/1998 |
| From: | Kinneman J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Dehmel J S. COHEN & ASSOCIATES, INC. |
| Shared Package | |
| ML20248J975 | List: |
| References | |
| NUDOCS 9806090380 | |
| Download: ML20248J972 (3) | |
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May 21,1998 Jean-Claude Dehmel, C.H.P.
Vice President and Senior Health Physicist S. Cohen and Associates 1355 Beverly Road Suite 250 McLean,VA 22101
SUBJECT:
NRC Requirements for Ucensing of Source Material
Dear Mr. Dehmel:
This refers to your letter dated April 28,1998, inquiring about the need for an NRC license if actmtes are performed with source material in Zelienople, Pennsylvania. This also refers to the telephone conversation on April 30,1998, between you and Betsy Ullrich of this office Your letter provided detailed information regarding processes which your client, Vesuvius Research
. of Pittsburgh, Pennsylvania, is considering, and the uranium and thorium content of materials they might use.
You correctly state that ores containing less than 0.05% uranium and/or thorium by weight are not licensed by the NRC, because such material does not meet the NRC definition of" source material" stated in 10 CFR 40.4. Ores containing 0.05% or greater concentrations of uranium and/or thorium are subject to NRC regulation in any state where the NRC maintains jurisdiction (a "non-agreement" state). The NRC has jurisdiction over source material in Pennsylvania, a non-agreement state, but activites in Texas and lilinois require licenses from those states, which are Agreement States and have jurisdiction over source material in those states.
Source material may be used in Pennsylvania pursuant to different regulations in 10 CFR Part 40 (enclosed), depending on the concentration and quantity of material used. Activites with source material that contains less than 0.05% uranium and/or thorium by weight, are exempt from the regulations and the requirements for a license as described in 10 CFR 40.13
" Unimportant quantities of source material". Activities may also be performed pursuant to the general license in 10 CFR 40.22 "Small quantities of source material", if less than 15 pounds of uranium and/or thorium is possessed at any one time, and less than 150 pounds in any one year, if larger concentrations and/or quantities are needed, your client will require a specific license from the NRC. All radioactive waste from actuties using source material under a specific license from the NRC must be disposed of as radioactive waste.
Based on the information provided with your letter, the activities to be performed in Zelienople
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include the final machining and assembly of an ore insert, containing more than 0.05% by {l weight source material, into the gate assembly and cladding of the gate assembly with steel. I For purposes of compliance, the total weight percent of uranium and/or thorium would be based only on the weight of the ore which contains the uranium and/or thorium, not the final weight of the finished assembly. Therefore, unless your client can operate within the quantity hmitations i in 10 CFR 40.22, it appears that a license will be required. In evaluating compliance with this !
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J.Dehmel 2 S. Cohen and Associates regulation, keep in mind that it is the quantity of uranium or thorium which governs, not the to weight of the material (i.e.100 kg of material containing 1% uranium is 1 kg).
Ore inserts must meet the restrictions of 10 CFR 40.13 or 10 CFR 40.22, or the end users (customers) will be required to obtain a specific license from the NRC or applicable Agreement State. In this regard, you may wish to review and consider the requirements for a specific license issued pursuant to 10 CFR 40.34.
If a specific license is required for your client's activities with source material in Pennsylvania, an application must be submitted in accordance with 10 CFR 40.31, with the appropriate license application fee prescribed in 10 CFR Part 170. In addition, your client may be required to provide financial assurance and a decommissioning funding p!an in accordance with 10 CFR 40.36. An application form and guidance documents to assist you with preparation of an application are enclosed. Your application should clearly state the category (ies) of activities planned with source material, such as research and development, manufacturing, and/or distribution. It should a!so clear!y describe the specific processes involved such as refining ores, machining or grinding of ores or of metals containing source material, and/or chemical treatment of source materials, so that potential hazards during handling of source material can be evaluated.
If you have any additional questions about this matter, please contact Betsy Ullrich of my staff at (610) 337-5040. Thank you for your cooperation.
Sincerely, OriginalsignedbyJohn D. Kinneman John D. Kinneman, Chief Nuclear Matorials Safety Branch 2 Division of Nuclear Materials Safety
Enclosures:
- 1. 10 CFR Pads 20,40,170, and 171
- 2. Form 313
- 3. RG 10.4 " Guide for the Preparation of Applications to Process Source Material
- 4. RG 8.9,8.10,8.11,8.21,8.25,8.37, and 10.7 l
t J. Dehmel 3 S. Cohen and Associates Distribute:
PUBLIC Nuclear Safety Information Center (NSIC)
Region I Docket Room i
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