ML23156A153

PRM-020-021 - 58FR47674 - Petition for Rulemaking Submitted by Keith J. Schiager, Et Al. Concerning Disposal of Low-Level Radioactive Waste

ML23156A153
Person / Time
Issue date:	09/10/1993
From:	Annette Vietti-Cook NRC/SECY
To:
References
PRM-020-021, 58FR47676
Download: ML23156A153 (1)

Text

ADAMS Template: SECY-067 DOCUMENT DATE: 09/10/1993 TITLE: PRM-020-021 - 58FR47676 - PETITION FOR RULEMAKING SUBMITTED BY KEITH J. SCHIAGER, ET AL. CONCERNING DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE CASE

REFERENCE:

PRM-020-021 58FR47676 KEYWORD: RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete

STATUS OF RULEMA.KING PROPOSED RULE: PRM-020-021 OPEN ITEM (Y/N) N RULE NAME: PETITION FOR RULEMA.KING SUBMITTED BY KEITH J. SCHIAGER, ET AL. CONCERNING DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE PROPOSED RULE FED REG CITE: 58FR47676 PROPOSED RULE PUBLICATION DATE: 09/10/93 NUMBER OF COMMENTS: 14 ORIGINAL DATE FOR COMMENTS: 11/24/93 EXTENSION DATE: I I FINAL RULE FED. REG. CITE: FINAL RULE PUBLICATION DATE: I I NOTES ON: PET. REQ AMEND REGS. ON DISPOSAL OF LLW TO PROVIDE ADD'L OPTIONS STATUS FOR DISPOSAL OF VERY LOW CONCENTRATIONS OF SHORT-LIVED RADIONUCLID OF RULE: ES. SEE SECY 97-046A. PETITION WITHDRAWN (64FR65665, 11/23/99)

HISTORY OF THE RULE PART AFFECTED: PRM-020-021 RULE TITLE: PETITION FOR RULEMA.KING SUBMITTED BY KEITH J. SCHIAGER, ET AL. CONCERNING DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE PROPOSED RULE PROPOSED RULE DATE PROPOSED RULE SECY PAPER: SRM DATE: I I SIGNED BY SECRETARY: 09/03/93 FINAL RULE FINAL RULE DATE FINAL RULE SECY PAPER: SRM DATE: I I SIGNED BY SECRETARY: I I STAFF CONTACTS ON THE RULE CONTACTl: MICHAEL T. LESAR MA.IL STOP: P-223 PHONE: 492-7758 CONTACT2: JAMES A. SMITH MA.IL STOP: T-9F31 PHONE: 415-6459

DOCKET NO. PRM-020-021 (58FR47676)

In the Matter of PETITION FOR RULEMAKING SUBMITTED BY KEITH J. SCHIAGER, ET AL. CONCERNING DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE DATE DATE OF TITLE OR DOCKETED DOCUMENT DESCRIPTION OF DOCUMENT 07/06/93 05/18/93 PETITION FOR RULEMAKING SUBMITTED BY DR. KEITH J.

SCHIAGER, ET AL.

09/07/93 09/03/93 FEDERAL REGISTER NOTICE OF PETITION FOR RULEMAKING PUBLISHED ON 9/10/93 10/28/93 08/26/93 COMMENT OF YALE UNIVERSITY (GEORGE R. HOLEMAN) ( 1) 11/08/93 11/03/93 COMMENT OF AMERICAN NUCLEAR SOCIETY (MICHAEL R. FOX) ( 2) 11/22/93 11/19/93 COMMENT OF UNIVERSITY OF CONNECTICUT (EDWARD L. WILDS, JR.) ( 3) 11/26/93 11/19/93 COMMENT OF RICHARD J. VETTER, PH.D.

(RICHARD J. VETTER, PH.D.) ( 4) 11/26/93 11/23/93 COMMENT OF DEPARTMENT OF ENERGY (A. B. GOULD) ( 5) 11/29/93 11/19/93 COMMENT OF BOEING CO (T. D. GALLACHER) ( 6) 11/29/93 11/23/93 COMMENT OF KATHRYN A. HIGLEY ( 7) 11/29/93 11/23/93 COMMENT OF KATHRYN A. HIGLEY ( 8) 12/03/93 11/30/93 COMMENT OF ILLINOIS DEPARTMENT OF NUCLEAR SAFETY (THOMAS W. ORTCIGER) ( 9) 12/03/93 11/30/93 COMMENT OF NORTHEAST OHIO REGIONAL SEWER DISTRICT (ERWIN J. ODEAL) ( 10) 12/06/93 12/01/93 COMMENT OF CARNEGIE MELLON UNIVERSITY (PETER COLLOPY) ( 11) 12/16/93 12/08/93 COMMENT OF DEPARTMENT OF ENERGY (RAYMOND PELLETIER) ( 12) 01/06/94 11/28/93 COMMENT OF JAMES J. THOMPSON, PHD ( 13) 01/07/94 01/04/94 COMMENT OF ERIC BOELDT ( 14)

DOCKET NO. PRM-O2O-O21 (58FR47676)

DATE DATE OF TITLE OR DOCKETED DOCUMENT DESCRIPTION OF DOCUMENT 11/17/99 11/17/99 FEDERAL REGISTER NOTICE - PETITION FOR RULEMAKING; WITHDRAWAL

DOCKETE D U.)r R"

,L, DOCKET NUMBER PETITION RULE PAM ~O--~I)

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NUCLEAR REGULATORY COMMISSION 10 CFR Part 20 Docket No. PRM-20-21 Keith J. Schiager, Ph.D.; Withdrawal of Petition for Rulemaking AGENCY: Nuclear Regulatory Commission.

ACTION: Petition for rulemaking; withdrawal.

SUMMARY

The Nuclear Regulatory Commission (NRC) is withdrawing, at the petitioner's request, a petition for rulemaking (PRM-20-21) (58 FR 47676, September 10, 1993) filed by Keith J. Schiager, Ph.D., on behalf of the University of Utah, Salt Lake City, Utah. In PRM 21, the petitioner requested that the Commission amend its regulations in 10 CFR Part 20 that became mandatory for all licensees on January 1, 1994, to permit additional methods for disposal of certain low-level radioactive wastes. The petitioner stated that the regulations that became mandatory for all licensees on January 1, 1994, are too restrictive and prevent many research institutions from pursuing certain types of research that cannot be conducted effectively without the use of radioactive materials. In withdrawing his petition, the petitioner stated that he concurred with the staff view expressed in a letter dated October 1, 1999 that the essence of the petition was addressed in part by the proposed changes to 10 CFR Part 35.

ADDRESSES: A copy of the petitioner's letter, dated October 5, 1999, requesting the withdrawal of the petition is available for public inspection at the NRC Public Document Room located at 2120 L Street NW. (Lower Level), Washington, DC 20012-7082, telephone:

(202) 634-3273.

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1 FOR FURTHER INFORMATION CONTACT: James A. Smith, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-6459, e-mail jas4@nrc.gov.

SUPPLEMENTARY INFORMATION:

On September 10, 1993 (58 FR 47676), the NRC published in the Federal Register a notice of receipt of a petition for rulemaking PRM-20-21 that requested NRC to permit the disposal of certain low-level radioactive wastes containing very low concentrations of short-lived radionuclides. Based upon the petitioner's letter dated October 5, 1999, the NRC is withdrawing this petition for rulemaking. The basis for this withdrawal is that the current NRC rulemaking for 10 CFR Part 35, "Medical Use of Byproduct Material," with respect to the decay in storage disposal requirements in 10 CFR 35.92, will address many of the concerns in the petition. In addition, on a case-by-case basis, based upon an analysis and the determination by NRC staff of the procedures and technologies proposed by the licensee, the incineration of other flammable and bio-hazardous waste contaminated with isotopes other than carbon-14 and tritium may be allowed through license conditions that require the effluent and disposal of

• the ash to meet the requirements in 10 CFR Part 20.

Dated at Rockville, Maryland, this Jlr:6_ day of November, 1999.

For the Nuclear Regulatory Commission.

Q~ i/4 UJ0-l,yj_./

Annette L. Vietti-Cook, Secretary of the Commission.

2

5. I agree with Dr. Schlager that the 10 half-lives storage requirement is too simplistic.

Where I am employed, we regularly collect contaminated laboratory trash from research laboratories with less than a 10 microcuries ofl-125. On the same day we may also collect a container of the same size with 10,000 microcuries ofI-125. Storing these materials for the same decay-time is a waste of storage space.

6. I agree with Dr. Schlager's contention that the half-life limit of 65 days is too restrictive.

A licensee with adequate storage space should not be forced to ship S-35 contaminated garbage to a low-level radioactive waste disposal facility. I know that not all licensees have adequate facilities to store contaminated garbage for three years, however, that is no reason to penalize the licensees who do have adequate storage. Storing a few uCi of Mn-54 (half-life 312 days) contaminated trash for 5 years may well be possible for many licensees. Analyzing the storage facilities of licensees is a regular duty of NRC inspectors.

Determining whether licensee has adequate storage facilities would be best accomplished

- 7.

on a case-by-case basis.

Approval of this requested change would reduce the amount of radioactive waste sent to low-level radioactive-waste facilities. I feel that any change that reduces the volume of waste in LLRW facilities, without an adverse affect on the environment, is an appropriate change. Part of the reason why the waste sites closed is that they were filled with material that easily could have gone to local landfills.

8. Although regulations related to radioactive and hazardous waste are in effect in all states, not all states currently have regulations in force for mixed radioactive and hazardous waste. It may be appropriate for you to add a paragraph:

(e) The licensee shall comply with all provisions of the Resource Conservation and Recovery Act.

In theory, this added reminder is not necessary. In practice, I am aware of some licensees, notably within the DOE, that have been slow to comply with EPA regulations.

On the whole, I think any change along these lines would reduce the cost of disposing of radioactive material from research institutions. This amendment, as proposed, would reduce the volume of H-3 and C-14 waste disposed to a low-level radioactive waste facility where I work by at least 75%.

This will be very important during the next eight years while there will be no LLRW facility to which our waste can be shipped.

Thank you for considering these comments.

Eric Boeldt Certified Health Physicist

j 400 South Gill Street Jr: . :..i...

,J, ~il;C State College, PA 16801 Secretary U.S. Nuclear Regulatory Commission

• 94 JAN - 7 P3 :54 Washington, D. C. 20555 I ~J:.it~ T, Attn: Docketing and Service Branch t 1lCKL * , I( f PRM-20-21 January 4, 1994 I have eight comments concerning the proposed change in 10 CFR 20.2005 requested by Keith Schlager.

1. First, I whole-heartedly approve of the intent of this requested change. I believe that

- disposing of very low-level H-3 and C-14 contaminated garbage to normal landfills will in no way affect the well-being of people or of the environment. I am also confident that disposing of low-level, short-lived, contaminated garbage to the same landfills will not affect the environment. Modem landfills are designed to retain their contents and to prevent run-off into ground waters. Household items regularly disposed to landfills can and do pose a much larger and longer-term threat.

2. Paragraph (d) of the proposed change should indicate that a meter appropriate to the specificradioactivematerialshould be used. I have seen surveys ofl-125 waste containers performed with end-window Geiger-Mueller meters. (The sensitivity of a readily available thin-crystal Nal probe is about 50 times better than the GM meter.) I do not think the NRC should specifically state the type of meter to be used, but the word appropriate" should be included. Your discussion of comments received should reflect this point. (The licensee stopped this practice in 1981.)

3. The Commission should emphatically state that the mass of the "non-salvageable trash" is only to include the mass of the material that is (expected to be) contaminated. I have seen a license "average in" non-radioactive material along with radioactive .material to reduce the radioactive concentration to below the applicable concentration limit. (fhe licensee stopped this practice in 1981.)

4. In regard to paragraph (c), I suggest that, rather than an across-the-board concentration limit of0.05 uCi/gram, you consider a radionuclide-appropriate concentration limit. This limit should be based on the relative hazard of the material in question. This limit should also be based on the relative hazard of the dispersed low-concentration of the material.

An example would be "1000 times the concentration listed in Appendix B Table 3, not to exceed 0.05 uCi/gram". This would provide lower limits for the less environmentally friendly radioisotopes. Without analyzing the basic assumptions inherent in Tables 2 and 3 of Appendix B, I cannot tell which table would be more appropriate.

MAY 1 0 1994 Acknowledged by card ** __..___ _

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SUBJECT:

Comment on Petition for Rulemaking, Docket No. PRM-20-21

Dear Mr. secretary:

I wish to submit my strong agreement with the petition for rulemaking submitted as Docket No. PRM-20-21 by Dr. Keith J. Schiager of the University of Utah and recommend that it be approved by the Nuclear Regulatory Commission.

If approved, the changes requested by this petition will facilitate the safe disposal of certain types of low-level radioactive wastes that are commonly generated during the conduct of medical research at academic and other institutions without posing any increase in risk to individuals or the general public. The benefit to be gained is that such institutions, most of which conduct their activities for the ultimate public good using public funds, will be able to conduct such research in a more expeditious and economical manner. I stress that the economies to be gained will be almost entirely by public-funded institutions, thus the benefits will ultimately be enjoyed by all Americans *

• I have considered this matter carefully with respect to potential increase in risk to workers and the public, and, in my opinion, any increase in risk will be immeasurably and inconsequentially small, and certainly more than offset by the benefits gained.

Sincerely, 00-~

James J. Thompson, Ph.D., C.H.P.

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Dear Mr. Chilk:

By September 10, 1993, Federal Register Notice, the Nuclear Regulatory Commission requested publ ic comment on a petition for rulemaking filed by Keith J. Schiagar, Ph.D., et al (Docket No.

PRM-20-21). The petitioners request that the Commission amend its regulations to provide additional options for the disposal of very low concentrations of short-lived radionuclides. The petitioners believe that such an amendment would permit more cost-effective waste management by research institutions and would not adversely affect public health and safety.

In response to the Notice, we distributed the petition within the Department. Department field facilities responded that the petition would have little or no effect on their waste management operations. Nonetheless, the respondees expressed support for the petition and agreed with the petitioners's assertion that the amendments should not adversely affect public health and safety.

Please contact Mr. G. Roles (202-586-0289) if you have questions.

Sincerely, 4£~ Director Office of Environmental Guidance

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Secretary, U,S. Nuclear Regulatory Commission Washington, DC 20555 Attention: Docketing and Service Branch

Subject:

Schlager Petition on LLRW Disposal Exemptions

Dear Secretary:

Carnegie Mellon University wishes to express its support for regulatory changes advocated by Dr.

Schiager, et. al. in their May 18, 1993 submittal.

All of our organic liquid hazardous waste streams are either incinerated or treated in a manner similar to those bearing microcurie amounts in liquid scintillation cocktail media so a ruling change should not make this risk any different than that from disposal of scintillation cocktails. Several of our experiments whose objectives are to develop means for treating superfund site soils in situ have been curtailed due to our inability to dispose of microcurie quantities of tritium or carbon-14 mixed with solvents. This loss of the potential public benefits from research such as this is difficult to justify by any theoretical health protection gains from eliminating this small quantity of radioactive material from the waste disposal stream.

However, CMU does advocate that each licensee maintain written assessments of their efforts to eliminate or reduce the chemical and/or the radioactive hazardous components of these "mixed wastes." It may also be useful to perform a generic risk assessment of this disposal option using several of the larger Universities' typical waste loading as input data. If the risk to members of the public proves to be less than 10-6, then the assumption of negligible risk will be validated. If by sensitivity analysis there are some conditions, such as total yearly volume disposed of, which cause risks in excess of 10-6, then the Commission may choose to impose limiting conditions for those specific situations.

Please feel free to call if further elaboration on criteria for waste reduction or pathway risk assessment is desired.

Very truly yours,

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• f< N H November 30, 1993 Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Docketing and Service Branch Re: Docket No. PRM-20-21

Dear NRC Secretary:

The Northeast Ohio Regional Sewer District ("District") is currently in the process of remediating radionuclide contamination at its Southerly Wastewater Treatment Plant as the result of sanitary discharges of low-level radioactive waste by one or more NRC licensees. This effort will cost District ratepayers in excess of one million dollars if off-site disposal is not required. If the contaminated material must be taken off-site, the projected cost is several billion dollars. It is the NRC's position that the District is responsible for this material because the NRC cannot prove that any licensee violated the NRC's disposal regulations.

The Southerly treatment plant is not the first such occurrence. As documented in Nureg/CR 5814, several other wastewater treatment plants have been impacted by radioactive discharges.

The District is, therefore, very concerned with any proposal that would increase the types or quantities of radioactive waste that can be disposed of as if it were not radioactive. Presumably, 10 CFR 20.2005(a) permits disposal by any method, which would include sanitary disposal of liquids. Does the NRC have any data that discharges under this section will not impact sewage treatment plants? If there are multiple dischargers to a single treatment plant, what is the cumulative effect? Unless the effect of disposals under Section 2005 have been adecpately evalupted, the District would oppose any changes that would make the regulations less stringent.

The District also has very serious concerns as to the enforceability of the limits set forth in 10 CFR 20.2005(a). Does the NRC have a sampling verification program that can reasonably assure that dischargers will observe the 0.05 microcurie limit?

MAY 1 o 1994 Acknowledged by card~.-.,,,,..,,,,,,,,,,,,,,;;,.

The mission of the Northeast Ohio Regional Sewer District is to enhance public health and welfare through the efficient, cost-effective conveyance and treatment of wastewater. This is accomplished by an organization dedicated to professionalism, fairness and consistency that anticipates and responds to the changing environmental needs of the community.

.s. Nuc;_E,'.8 f,~'ju_;'.TOF,Y COMMISSION 0 ***;r:r ,~* ~ S~iW!CE SECTION OF.7 :C,.: CJF TH~ SF:CRETARY OF *r.1E CC~;,t,\!SSION

Secretary U.S. Nuclear Regulatory Commission November 30, 1993 Page Two The District has extensive experience in regulating industrial discharges under the USEPA pretreatment program. As a result of this experience, the District believes that self-monitoring of discharges by the regulated community is only effective if verified by a vigorous, independent sampling program conducted by the regulator.

The District recognizes that the main thrust of the proposed rulemaking is on sanitary landfill disposal, not sanitary sewer disposal.

The District believes, however, that all of the above comments are equally applicable to landfill burials. Furthermore, by removing or obliterating all radioactive markings on the shipping containers, the recipient landfill is not even given the chance to make an independent evaluation as to the acceptability of the material.

Although the District does not operate sanitary landfills, many landfills discharge leachate to sanitary sewers. The District therefore has a direct interest in the disposal of radioactive waste in landfills as well as a general concern that public funds not be used to remediate other publicly-owned radioactive sites such as Southerly.

In addition to the concerns expressed above, the District believes that 10 CFR 20.2005 may present a conflict with Ohio law, S.B. 130.

In summary, as a result of either inadequate regulations on low-level waste disposal or inadecpate enforcement of those regulations, the public has paid and is paying for cleaning up the mess. Any change in the regulations that would ease the burden of disposal for licensees should, therefore, be very carefully and fully evaluated with regard to its impact on innocent parties before it is approved.

Sincerely,

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Erwin J. Odeal Executive Director EJO/td

DEPARTM 10 SPRI v

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Jim Edgar Thomas W. Ortciger Governor Director

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Attention: Docketing and Service Branch Re: Petition for Rulemaking [58 FR 47676]

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Dear Sir:

The Illinois Department of Nuclear Safety (Department) hereby submits its comments on the referenced petition for rulemaking. The petitioners request change*s to 10 CFR 20.2005, *ohpos_al of specifk wastes, that would 11 provide exemptions for the disposal of low-level radioactive waste by burial in sanitary solid-waste landfills.

The Department objects to the petitioners' proposed rule change because it is too generic. The Commission stated in press release No. 91-69 that its intent was to address issues related to waste disposal on a case- by-case basis, as necessary. The Department agrees with this position. Instead of considering a generic LLW disposal provision, a case-by-case evaluation should be performed for material of similar radiological characteristics using alternate disposal methods, as was done in the past for H-3 and C-14. The implementation of a provision for deregulated disposal of LLW should be based first and foremost upon a satisfactory outcome of technical and safety analyses, and only then upon the economic based concerns of generJ,t.Q!S.

The petitioners' stated belief is that if LLW is buried at a sanitary landfill there will be no more adverse effect on public health and the environment than if the wastes are stored in a licensee-controlled facility.

The proposed generic provision can be compared to the previous practice of approving licensee burial (i.e., the old 10 CFR 20.304; "Disposal by burial in soil," deleted January 28, 1981). Experience has demonstrated that such burials posed small risk only if they were properly buried and left undisturbed.

NRC has stated that "The Commission has concluded that it is inappropriate to continue generic authorization of burials pursuant to 20 .304 without regard to such factors as location of burial, concentrations of radioactive material, form of packaging and notification of NRC."

[45 FR 71761, Oct 30, 1980.]

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Secretary of the Commission Page 2 November 30, 1993 If NRC promulgates the proposed rule, LLW generated in other states may end up in ordinary trash that could be imported to Illinois without any licensing oversight by the Department. Such a position, if adopted by NRC, stands to further frustrate the efforts of the states and regional compacts regarding the planning, siting and development of new facilities for the disposal of LLW. The Department especially disagrees with the proposed provision if a compatibility determination forces the State to adopt a rule generically allowing LLW from licensees to be sent to sanitary landfills.

In conclusion, the Department continues to object to implementation of a rule that generically deregulates LLW to allow disposal in sanitary landfills.

Although the phrase "Below Regulatory Concern" (BRC) is not used in the petition description or in the proposed rule, this revision of 20.2005 would be a regulatory implementation of one of the major components of the NRC's withdrawn BRC policy (i.e., the provision of generic exemptions for disposal of LLW). It is our understanding that NRC was instructed by Congress to withdraw from the pursuit of such a policy and that NRC formally withdrew their BRC policy proposal on August 24, 1993 [58 FR 44610].

If you have any questions regarding these comments, contact me at (217) 785-9868.

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November 23, 1993 *93 U.S. Nuclear Regulatory Commission Attention: Docketing and Service Branch Washington, DC 20555 To: Chief, Docketing and Service Branch SUPPORT OF PETITION FOR RULEMAKING DOCKET NO PRM-20-21 This letter is written in support of the amendment to 10 CFR part 20 proposed by Keith J. Schiager, Ph.D., et al, date May 18, 1993 and docketed as PRM-20-21 on July 6, 1993. I am a Ph.D candidate in the Radiological Health Sciences Department of Colorado State University (CSU). I am writing as an individual citizen and not as a representative of CSU or the students in the department.

I agree with the observations of Dr. Schiager, et al that certain kinds of research cannot be performed without the use of radioactive materials. I also agree with their statements that the current regulations restrict waste disposal in such a manner as to hinder research. Consequently, I support their proposed revision. It does not increase the risk to the public yet it simultaneously reduces the costs and complexity of low-level radioactive waste management by research institutions.

Sincerely yours, Kathryn A. Higley, CHP Graduate Student Department of Radiological Health Sciences Colorado State University Fort Collins, CO 80523 MAY 1 0 1994 Acknowledged by card ..._"_..,.......,::;:

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U.S. Nuclear Regulatory Commission Washington, DC 20555 Request for Assistance on PRM-20-21 I would like to submit a letter in support of the petition for rulemaking (PRM-20-21) by the due date of November 24, 1993. It is not possible for my mailed comments to reach that office by the due date, and a Fax number was not cited in the Federal Register notice accompanying the proposed rule. Since you are listed as the contact for the rule, I have taken the liberty of faxing you my comments (they will also be mailed). Would you please ensure that these are submitted to the appropriate office?

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Kathryn A. Higley, CHP Graduate Student Department of Radiological Health Sciences Colorado State University Fort Collins, CO 80523 MAY 1 0 199C-_*

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The Boeing Company PO. Box 3707 Seattle, WA 98124-2207 November 19, 1993 4-1210-93R-0595

• 93 NO 29 P3 :QS Secretary Attn: Docketing and Service Branch F~* fl '._ '*

• l.d 1 U.S. Nuclear Regulatory Commission :uu,i 1r* "lf:i Washington, D.C. 20555 t*1 N

Subject:

Comments on Petition for Rulemaking, Docket # PRM-20-21 On September 10, 1993, the NRC published in the Federal Register (58 FR 47676) a petition for rulemaking from Keith J. Schiager, et al, proposing amendment of 10 CFR 20.2005. This letter provides comments from The Boeing Company in support of this petition.

The petitioner's proposed wording for 10 CFR 20.2005 (c) would allow for any licensee to dispose of, by normal means, tritium, carbon-14, and radioisotopes with half-lives less than one year at less than 0.05 microcurie per gram of nonsalvable trash, averaged over the weight of the trash. This provision allows for disposal of relatively innocuous radioactive materials in a fashion that is not burdensome to the licensee; the specified radioactive materials do not constitute a significant hazard to the environment and disposal of them as radioactive waste can be unnecessarily expensive.

The Boeing Company recommends that the Commission grant this petition for rulemaking. In addition, The Boeing Company recommends that the Commission also consider expanding upon this petition by adding provisions for radioisotopes with half-lives greater than one year. We propose the following expanded section (c) to 20.2005:

(c) Any licensee may dispose of 0.05 microcurie (1.85 kBq), or less, of licensed material consisting of any mixture of hydrogen-3, carbon-14, and radionuclides with half-lives of less than 1 year, or 0.002 microcurie (74 BQ). or less. of other licensed material, per gram of incinerator ash or nonsalvable trash, averaged over the weight of the ash or trash generated directiy in the utilization of the radionuclides p;esent, by burial in a landfill approved by the U.S. Environmental Protection Agency or appropriate State regulatory agency.

This addenda proposed by the Boeing Company will allow licensees to dispose of waste materials at levels of radioactivity which the Department of Transportation treats as nonradioactive. If the Commission were to adopt this provision, the continuity between regulatory agencies would make things easier for licensees, and there would be no reduction in the safety afforded to members of the public or the environment.

Sincerely yours,

~l)R~

T. D. Gallacher, Senior Manager Radiation Health Protection 4-1210 6Y-38 (206) 393-3054 MAY 1 O 1994 Acknowledged by card .............ue ...... m..,......

i.t t/'.i:: ' u.:~ . . .T'_; ...:v t:o:-.:a,iss10N DC: :  : ' ' -:.< Vi..::. ~ECTION 0,-, ,v.:. ,;- !" -~ "f:.,,;::TARY Of 111:: c:\ .,.: ~S!O~~

Post ,:a k ["t~ LI/:J...'--/ l°!J

DOCKET NUMBER DOE F 1325 8 PETITION RULE PRM 20-1 /

United States Government (q rFfl '--/ 7 6 7~) Department of Energy (DOE) memo rand u m Savannah J~~}cver Operations Office (SR)

DATE: NOV 2 3 1993 *93 NOV 26 P3 :17 (f)

REPLY TO ATTN OF: ECD (Whitney/(803) 725-1447) . rr{ KC_:: _ : ~E.*~:,t 1/;11

'. U, l IN,,*, r, r 1(' ."

SUBJECT:

REVIEW OF THE PETITION REQUESTING A NUCLEAt{ iuioULATORY COMMISSION RULEMAKING TO PROVIDE ADDffiONAL OPTIONS FOR DISPOSAL OF SHORT-LIVED NUCLIDES TO: Docketing and Service Branch, U.S. Nuclear Regulatory Commission Questions and transmittals should be direc~dti Whi~ G Attached are the comments submitted by the Savannah River Site on the subject petition.

447) of my staff.

ECD:GRW:joh KB. Goult1irector Environmental Compliance Division

~

Attachment Comments cc w/attch:

T. F. Heenan, AMESH&Q J. S. Roberts, WSRC-EPD UNITED STATES DEPARTMENT OF ENERGY POST OFFICE BOX A AIKEN, SOUTH CAROLINA 29802 MAY 1 o 1994 Acknowledged by card"...._........_*

• S. NUCLEAR REG UL TORY COMMISSION OOCKcTif~G .'.:. :.,::::'\/iC;.:: SECTiON OFFICE OF THE SECRET ARY OF THE COM, 11SSION Document Statistics stmark Date JI h-3 / '1 J fiopies Receiv~d _ ___,,,,__ _ _ __

di Copies RvproGuced ~

ecial Distribution~

L~ J/.1-U-

A TIACHMENT 1: Memo, Gould to NRC Comments on Petition for Additonal Options for the Disposal of Short-Lived Nuclides

1. The proposed 20.2005(a)(2) would allow disposal of "biological tissue, animal bedding material or animal excreta" with H-3 or C-14 concentrations that do not exceed 0.05 µCi/g averaged over the weight of the tissue, material, or excreta. The proposed revision provides no requirement, implied or otherwise, that the radionuclides be distributed in a somewhat uniform manner throughout the material. The lack of such a requirement would potentially allow localized concentrations of activity, particularly in bedding material, that could present an unacceptable hazard to workers or the public.

2. The proposed 20.2005(c) would permit disposal in an approved landfill of "incinerator ash or nonsalvable trash" with concentrations of 0.05 µCi/g or less of H-3, C-14, and radionuclides with a half-life of less than one year. The proposed revision poses three concerns that are described below.

• The petitioners state that the reason for specifying incinerator ash or nonsalvable trash as the only permissible forms for disposal is to "exclude discarded laboratory apparatus, equipment or furniture that might invite unanticipated or unauthorized salvage of contaminated items." While the stated intent of the petitioners is reasonable, the proposed revision would allow undue latitude in interpretation of the term "nonsalvable trash."

Licensees could potentially dispose of material that is of no further use to them because of age or condition (nonrepairable), but these items might be retrieved by a member of the public. An item of no worth to a licensee (i.e., a nonsalvable item) may have some worth to a member of the public. Refined wording of the proposed revision is needed to clearly delineate the intended restrictions.

• The proposed 20.2005(c) would not necessarily require the radioactivity to be evenly distributed throughout the ash or trash. Consequently, a licensee could dispose of waste with an activity concentration that does not exceed the prescribed limit, but localized activity levels within the waste could provide an unacceptable hazard to workers and the public. The potential exists for a wide variety of interpretations of the regulation with regard to this issue.

• The petitioners provide insufficient technical justification for proposing landfill disposal of radioactive materials with a half-life of less than one year with concentrations less than 0.05

µCi/g. The general rationale presented in the petition is that "For materials with half-lives of one year or less, regardless of the initial activity, there is no significant risk that materials would leach from a landfill before they decay." While the petitioners' assertion may be true, it does not provide a sufficient basis for choosing one year as the bounding value for half-life. Additional information is needed to assess whether radionuclides with half-lives of one year or less would indeed pose "insignificant risk" following disposal in the specified concentrations.

n1,/ 1 -:T Jll\m_R -.., *t 21 r . 11J J1ULE PRM ~

1.(. 5 8'" F R 1-/ 76 7 6)

Mayo Clinic Roche~t? :~ esota 55905 Telephone 507 284-2511 (j)

Radiation Safety *93 NOV 26 P4 :14 November 19, 1993

,) r i!....

t:UCKi *Nii .

.- ;<,\ r4-Secretary, U.S. Nuclear Regulatory Commission Washington, DC 20555 Attention: Docketing and Service Branch

Reference:

Docket No. PRM-20-21 This is to support the petition for rulemaking filed by Keith J. Schiager, Ph.D., et al.

Approval of this request will provide a safe, cost effective method for disposal of low-level wastes commonly generated during medical diagnosis and treatment, associated research, and other medical and university research applications.

There are several potential benefits. Most importantly, approval of this petition will facilitate continued research as well as medical diagnosis and therapy. As of July 1, 1994, most licensees will not have a waste disposal facility available to them. Many of the radionuclides used by these licensees have half-lives of less than one year and would be eligible for disposal under the proposed regulation. Many of these same facilities do not have the capacity to store the material for the currently allowed maximum of 650 days and must dispose of the waste on a regular basis at a licensed facility. Opening this very logical and scientifically sound disposal option to these licensees will permit continued use of radioisotopes and will ensure continued access to the diagnostic testing and therapeutic benefits for patients.

Much of the research in support of medical advances uses radionuclides. Since research budgets are often limited, a less costly alternative to low-level waste disposal will permit more fui1ding to be spent on research. ln some cases, research may be halted unless waste disposal continues to be available and cost-effective.

The proposed regulation also will make disposal of mixed (hazardous/radioactive) wastes much more accessible and less costly. Assuming that hazardous waste disposal firms will take the qualifying mixed wastes, estimated disposal costs for mixed waste at Mayo Foundation would be expected to decrease by a factor of 20. Currently, a facility to process our mixed wastes is not available since they consist of solvents with some radionuclide contamination, mostly H-3, C-14, 1-125, P-32, and S-35, generally in concentrations of several picocuries per gram.

MAY 1 o 1994 Acknowledged by card ....- ..........,-.............

$. NUCLEAR RECIJ!_fa. C:-lY COMMISSION DOC' .:.:': 1'3 ~; sr-:;-w;e,;: SECTION CFr'IC'c Vi: T:1r: Sf:CR:::TARY OF Tf-:E: CO,,i'.'.1$SION

U. S. Nuclear Regulatory Commission Page 2 November 19, 1993 In summary, the proposal is based on good science, good practice, infinitesimal risk, and it makes sense. With ever shrinking resources, medical and research facilities must use funds wisely. The expansion of the options available for low level radioactive waste disposal to include this less costly and very practical solution may be the difference for a licensee ceasing operations or continuing.

Sinc~rely youO/ l J/

- vi,, 'Ji, ~

~ichard J. V~tter, Ph.D.

Radiation Safety Offic~r RJV:cg cc: Radiation Safety Committee

UNIVERSITY 0 F CONNECTIC{:JT@ November 19, 1993

• 93 NO\! 22 P4 :ZS ENVIRONMENTAL HEALTH AND SAFETY I* t !, I' JCth t , , I Secretary ' I f'j1.,H U.S. Nuclear Regulatory Commission Washi ngton, DC 20555 DOCKET NUMBER ~ r,,_:l J. J Attention: Docketing and Service Branch PETITION RULE .:..:.PR.;,;,;;;M...~_..i:a.

Dear Sir:

( sk' FR '-11676)

The University of Connecticut, Storrs, supports the petition for rulemaking filed by Keith J. Schiager, Ph.D., et al. This petit i on to amend 10 CFR Part 20 g i ves educati onal and research institutions the flexibility needed to conduct research. At present, ins titutions t hat are not a treatment, storage, and disposal (TSO) facil i ties regulated by the U.S. Environmental Protection Agency are restricted in the research activities they may conduct. This amendment would remove this restriction without endangering public health and safety .

The U. S. Department of Energy's December 1991 report Mixed Waste Management Options, DOE/LLW-134, lists incineration as a preferred treatment option for these types of mixed wastes. In this report they considered the treatment of mixed waste independent of rad ioactive material content. 10 CFR Part 20 presently authorizes this treatment method for liquid scintillation fluids at the radioactive limits proposed. Also, present regulations permit on site incineration by nuclear power plant facilities for contaminated oils. Expanding the authorization for disposal of specific waste as proposed will not significantl y increase the amount of waste disposed. DOE/LLW-134 states "the volume of mixed waste generated at existing facilities can be measured in gallons or cubic feet. "

Low-level radioactive waste disposal costs also must be considered. Cost effective methods of disposal that do not adversely affect public health or the environment must be fl.llowed. Educational and research institutions have fixed operating bbagets. Monies used for the disposal of waste containing minimal amounts of radioactive material only decrease the funds available for more cost effective safety funct i ons. This petition for rulemaki ng could result in an overall increase in public health and safety by allowing funds saved in waste disposal to be diverted to other safe ty functions.

Sincerely,

[ PRM20-21 ]

E ~ W Radiation Safety Manager

~:::::!

An Equal Opportunity Employer 189 Auditorium Road, Room 219, U-97, Storrs, Connecticut 06269-3097 (203) 486-3613, FAX: (203) 486-11{16 MAY 1 D Acknowledged by card....................... 1994,,,,,,.....

. CHY CCi\?..IISSION DOC (t 111~G v* RVICE SECTiON OFFICE. Cf T: . : SECRETARY OF THE .;.,:~~.SSIO,

DOCKET NUMBER PETITION RULE PRM 2_t7- 2 J (5"~ FR 171,-Jt)-

AMERICAN NUCLEAR SOCIETY PUBLIC INFORMATION COMMITTEE

• 93 NOV - 8 P 4 :00 Headquarters: Reply to:

555 North Kensington Avenue LaGr~nge Park, Illinois 60525 USA Telephone: 708/352-6611 Telecopy: 708/352-0499 Telex 4972673 November 3, 1993 M.A. Fox Ph.D.

U.S. Nuclear Regulatory Commission 348 Broadmoor Washington D. C. 20555 Richland, WA 99352 Attention: Docketing and Service Branch 509-376-3167

Subject:

Docket No. PRM-20-2 1 We express our support for the petition for rule making with regards to the disposal of certain kinds of low-level nuclear wastes. We also agree with the petitioners conclusions that such amendments would permit much more cost effective radioactive waste management disposal for users of these materials, such as research institutions.

They most certainly will not adversely affect publ ic health and safety.

While the petitioners are correct that they have been adversely affected by the current regulations which restrict low-level waste disposal, this is a very large understatement of the adversity. Such adversity extends to all Americans who must share in the costs of such regulatory overkill, and who must pay for this disposal in the form of higher research costs, higher medical costs, and reduced access to the research and medical benefits brought about by these needlessly higher costs.

There are high risks to our society and there are low risks. There are no zero risks. It is very important to know differences imposed these distinctions. We have inflicted immense harm on our nation for failure to make such policy distinctions. We as a nation should more reasonably allocate our health and safety resources proportional to the risks involved.

If we properly understand the meaning of "reinve nting government" as spelled out by Vice-President Gore, it most certainly 'Nould extend to the modifications and reform of the existing body of nuclear regulations. We believe that this clearly would include the adoption of the amendments offered by the petitioners. We urge their adoption.

~Q~~

Michael R. Fox Ph.D.

Public Information Committee American Nuclear Society Acknowledged by card .. ~!.L£,n~

S. NUCLE!i;-; F._:::~._AT0'.~Y COMM1SSION oocv-=. :, ' J -* 2,;:;-'V\CE ~\:.CTION OfHCi:: ()i* 1,,~ ';,C~RS:TARY oF THE co ..1i"1ss10N

DGC!(ET NUMBER PcT1T101

• RULE :. .:PR..:.;.~;,,:_~ ~

[soFRL/7676 (f)

Yale University Office of University Safety .

Biological Safety Campus address:

135 College Street Chemical Safety N w Haven, Connecticut 06510-2411 Environmental Health Hazardous Waste ~age ' '-'--,--,

Physical Safety ':1)

Radiation Safety August 26, 1993

/ .

• ,/'-

U.S. Nuclear Regulatory Commission [- *,

Attention: Chief I Docketing and Service Branch Office of the Secretary Washington, DC 20555

Subject:

Support for Petition for Rulemaking

_..,_r* :..

~

' ; ;,J I wish to register my support for the Petition for Rulemaking submitted to the Nuclear Regulatory Commission, dated May 18, 1993. The petition concerns the expansion of the disposal provisions for small concentrations of 3 H and 14C. A copy of the May 18, 1993 petition is enclosed.

The expansion of the disposal provisions for 3 H and 14 C would be of significant help to biomedical research institutions with minimal impact on the public and the environment. I encourage the NRC to expedite the acceptance of the provisions of the petition.

Sincerely, d~~ !{/~_/--

George R. Holeman, CHP Director, Radiation Safety Department Enclosure

,. MAY 1 o 1 ~

A,Jknowledged by card ..................., ,., * ....

18 May 1993 U. S. Nuclear Regulatory Commission Attention: Chief Docketing and Service Branch Office of the Secretary Washington, DC 20555 PETITION FOR RULEMAKING Reason for the Petition Each of the undersigned individuals is responsible for radioactive and mixed waste management at an institution with extensive biomedical research activities, but is writing as an individual citizen and not as a representative of his or her institution. Current restrictions on low-level radioactive waste disposal have jeopardized the ability of our institutions to pursue certain kinds of research that cannot be conducted effectively without the use of radioactive materials. The petitioners seek to obtain partial relief from this intolerable situation by proposing safe alternatives for disposal of limited categories of wastes. We are concerned that there has been no action on a previous, similar petition for rulemaking (PRM 20-14, 49 FR 3667-3669, January 30, 1984).

Mixed Wastes Containing H-3 or C-14 Current NRC regulations (10 CFR 20.306) allow the disposal of liquid scintillation fluid containing no more than 0.05 microcurie of hydrogen-3 or carbon-14 per gram to be disposed of as if it were not radioactive. This provision is both rational and practical, since it allows disposal of flammable solvents by the preferred method of incineration; it will be continued after 1 January 1994 under the provisions of §20.2005. However, procedures other than liquid scintillation counting generate similar flammable or combustible liquid wastes ccntaining lov.

concentrations of H-3 and C-14. Including these materials under the disposal criteria for specific wastes would provide a cost-effective disposal option with essentially no impact on public health or environmental quality.

Wastes Containing Short-Lived Radionuclides Much of the radioactive waste generated by research and medical institutions contains only short-lived radionuclides, with the radioactivity decreasing rapidly through the normal decay process. At present, such wastes are stored for a prescribed period of time, usually 10 half-lives, allowing 99.9% of the activity to decay. The wastes are then surveyed and, if no residual radioactivity is detected, they are disposed of as nonradioactive. Most NRC licensees are allowed to use this method for materials with half-lives of less than 65 days, but it could safely be used for materials with longer half-lives, e.g. up to one year.

Schiager, et al. - Petition for Rulemaking 18 May 1993 10 CFR 20.2005 - Disposal of Specific Wastes Page 2 The intent of the prescribed storage time for decay before disposal is to assure decay of the radioactivity to harmless levels. Regardless of the initial activity, the same fractional decay occurs in 10 half-lives, leaving 0.1 % of the original. For example, a waste package containing 1 millicurie would decay to 1 microcurie in 10 half-lives, whereas a package initially containing 1 curie would still contain 1 millicurie after the same storage time. Thus, an arbitrary number of half-lives is not equally protective in all situations.

For materials with half-lives of one year or less, regardless of the initial activity, there is no significant risk that materials would leach from a landfill before they decay. Consequently, there is no reason related to protection of health or the environment that the radioactive decay should not occur after the waste is buried rather than in a licensee-controlled storage facility.

The limit on activity in the waste at the time it is sent for burial is intended for the protection of the handlers and transporters of the waste, as well as for the general public in the event of a transportation accident enroute to the burial site. A limit on exposure rate from the waste container or transport vehicle would adequately serve the same purpose. We recommend essentially the same criterion that is currently included in specific licenses, i.e. that the deep-dose equivalent exposure rate be indistinguishable from background with typical low-level laboratory survey instruments. This would allow for immediate disposal of wastes containing low-energy beta emitters; the storage time required for high-energy beta emitters or photon emitters would depend on both the energies of the emissions and the total activity in the waste.

Proposed Revisions

§ 20.2005 Disposal of specific wastes.

(a) A licensee may dispose of the following licensed material as if it were not radioactive:

(1) 0.05 microcurie (1.85 kBq), or less, of hydrogen-3 or carbon-14 per gram of medilHll use a for liquie seiatillatioa eountiag f=J,~~Pl~!l §;:§§i#:t~ln]!~!: ~,9,R!!; and (2) 0.05 microcurie (1.85 kBq), or less, of hydrogen-3 or carbon-14 per gram of animal

~~~t~~~!!!~~~SH~ll11llf111~11111ri! :~~§ii* averaged over the weight of the Existing subparagraph (b) should be retained as it 1s; (c) should be retained but relabeled as subparagraph (g).

Schiager, et al. - Petition for Rulemaking 18 May 1993 10 CFR 20.2005 - Disposal of Specific Wastes Page 3 Additional Interpretation It is recognized that proposed paragraphs (c) and (e) introduce a potential conflict between regulations of the NRC and the U. S. Department of Transportation (DOT), which regulates as radioactive any material with a specific activity greater than 0.002 microcurie per gram. If this petition results in favorable action by the NRC, a petition will be submitted to the DOT to revise 49 CFR 173.403(y) to accommodate this method of disposal.

The types of waste specified in proposed paragraph (c) are incinerator ash and nonsalvable trash. The intent is to exclude discarded laboratory apparatus, equipment or furniture that might invite unanticipated or unauthorized salvage of contaminated items. Although incinerator ash is included in the proposal, the incineration process is not included, since it is addressed in section 20.2004.

Adoption of this proposed revision would not increase risks to the health of the public or to the environment, but would substantially reduce the costs and complexity of low-level radioactive waste management by research institutions.

Petitioners Keit . Schlager, , CHP

- ~~J I. if~

Donald E. Carlson, P\

Director, Radiological Health Environmental Health & Safety 100 Orson Spencer Hall U of Texas Southwest Med Center University of Utah 5323 Harry Hines Blvd.

Salt Lake City, UT 84112 Dallas, TX 75235-9053

Schlager, et al. - Petition for Rulemaking 18 May 1993 10 CFR 20.2005 - Disposal of Specific Wastes Page 4

-iddA'tman, PhD, Environmental Health & Safety CHP

- ~~

Martha M. Malter Environmental Health & Safety Columbia University Univ. of California, San Diego 630 West 168th Street La Jolla, CA 92093 New York, NY 10032 E~!~

Director, Office of University Safety i \M.LvJJ J~}--

j Esme:alda Party Radiation Safety Officer Yale University The Rockcfllcr University 135 College Street 1230 York Avenue New Haven, CT 06510 New York. NY 10021

~Thomas

~tk?-

R. Hicks Environ. Health and Safety University of Oregon & Safety 1230 Franklin Blvd. Harvard wv

• Eugene, OR 97403 46 Oxford Street Cambridge, MA 02138 L. Todd Lcasia Casimir w. Scislowicz Office of Research Safety Manager ot Safety Northwestcm University Cali! Inst. of Tcclmology

• 303 E. Chicago Avenue 2039 Empresa Avemio .

Chicago, Il.. 60611 Sowh Pasadena, CA 91030 Jose A Radiat' Univ o Texas Southwestern Med Center 5323 arry Hines Blvd.

~ * *on Safety Officer Harvard University 6 Shagbark Road Dallas, TX 75235-9053 Concord, MA 01742

Schlager, et al. - Petition for Rulemaking 18 May 1993 10 CFR 20.2005 - Disposal of Specific Wastes Page 5 Sheets containing the original signatures of the petitioners that were photo-copied to the preceding page are appended to the original copy of the petition submitted to the NRC.

[7590-01-P] COCh i.TEO us ~mc NUCLEAR REGULATORY COMMISSION 10 CFR Part 20 *93 SED - 7 P ~ :23

[Docket No. PRM-20-21]

Keith J. Schiager, Ph.D., et al., Receipt of a Petition for Rulemaking AGENCY: Nuclear Regulatory Commission.

ACTION: Petition for rulemaking; Notice of receipt.

SUMMARY

The Nuclear Regulatory Commission (NRC) has received

- and requests public comment on a petition for rulemaking filed by Keith J. Schiager, Ph.D., et al. The petition has been docketed by the Commission and has been assigned Docket No. PRM-20-21.

The petitioners request that the NRC amend its regulations governing the disposal of certain low-level radioactive wastes to provide additional options for the disposal of very low concentrations of short-lived radionuclides. The petitioners believe such an amendment would permit more cost-effective radioactive waste management by research institutions and would not adversely affect public health and safety.

DATE: Submit comments by (75 days fo / 1~//n.4/J;blication in the Federal Register). Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given except as to comments received on or before this date.

ADDRESSES: Submit comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Attention:

Docketing and Service Branch.

Deliver comments to 11555 Rockville Pike, Rockville, f,Jr.ll"-- q/io/,3

Maryland, between 7:45 am and 4:15 pm on Federal workdays.

For a copy of the petition, write: Rules Review Section, Rules Review and Directives Branch, Division of Freedom of Information and Publications Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555.

FOR FURTHER INFORMATION CONTACT: Michael T. Lesar, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Telephone: 301-492-7758 or Toll Free: 800-368-5642.

SUPPLEMENTARY INFORMATION:

Background

The Nuclear Regulatory commission (NRC) received a petition for rulemaking submitted by Keith J. Schiager, Ph.D., et al.,

dated May 18, 1993. The petition was docketed as PRM-20-21 on July 6, 1993. The petitioners requested that the NRC amend its regulations in 10 CFR Part 20 that will become mandatory for all licensees on January 1, 1994, to permit additional methods for disposal of certain low-level radioactive wastes. The

- petitioners note that current NRC regulations on low-level radioactive waste disposal (10 CFR 20.306) permit the disposal of liquid scintillation fluid that contains no more than 0.05 microcurie of hydrogen-3 (H-3) or carbon-14 (C-14) per gram.

The petitioners believe this provision is appropriate because it allows disposal of flammable solvents by incineration but claim that procedures other than liquid scintillation counting generate similar flammable or combustible liquid wastes that contain low concentrations of H-3 and C-14. On May 21, 1991 2

(56 FR 23360, 23391), the NRC published a final rule that added revised standards for protection against radiation to the regulations in 10 CFR Part 20. Although the final rule became effective June 20, 1991, licensees are not required to implement the provisions of the final rule until January 1, 1994. The petitioners contend that the regulations that become mandatory for all licensees on January 1, 1994, are too restrictive and prevent many research institutions from pursuing certain types of research that cannot be conducted effectively without the use of radioactive materials.

On January 30, 1984 (49 FR 3667), the NRC published a petition for rulemaking submitted by Keith J. Schiager, Ph.D., on behalf of the University of Utah (PRM-20-14). The petitioner requested that NRC amend its regulations in 10 CFR Part 20 to provide for additional options for the disposal of very low concentrations of short-lived radionuclides.

In a letter dated June 1, 1993, Dr. Schiager requested, on

- behalf of the University of Utah, that this petition be withdrawn because of changes in legislation and operational requirements since the date his original petition was published in January 1984. Dr. Schiager also indicated that a revised petition for rulemaking, which will propose amendments to provisions for disposal of wastes containing low-level radionuclides in 10 CFR Part 20 that become mandatory for all licensees on January 1, 1994, would be filed in the near future. On July 22, 1993 (58 FR 39173), the NRC published a notice of withdrawal of the 3

University of Utah's petition for rulemaking.

The NRC is soliciting public comment on the petition submitted by Keith J. Schiager, Ph.D., et al. that requests the changes as discussed below to the regulations in 10 CFR Part 20 that will become mandatory for all licensees on January 1, 1994.

The Petitioners The petitioners are a group of individuals responsible for radioactive waste management at various educational and medical institutions with extensive biomedical research activities. The

- petitioners indicate they are submitting this petition for rulemaking only as individual citizens, not as authorized representatives of the institutions that possess NRC licenses at which they are currently employed.

Adverse Effects on the Petitioners The petitioners have submitted this petition for rulemaking because they believe they have been adversely affected by the current regulations that restrict low-level radioactive waste

- disposal. The petitioners' primary concern is that these restrictions will prevent them from pursuing certain types of research which they believe cannot be effectively performed without the use of radioactive materials.

The petitioners state that while the current regulations are appropriate in permitting disposal of liquid scintillation fluid that contains no more than 0.05 microcurie of H-3 or C-14 as if it were not radioactive, they indicate that other procedures also generate similar combustible liquid wastes. The petitioners 4

believe that these materials could be included under the disposal criteria for specific wastes that contain very low levels of radionuclides. The petitioners also assert that proposed disposal criteria would result in a cost-effective option that would not adversely affect public health or environmental quality.

The petitioners state that under the current industry practice, wastes containing low-level radionuclides are usually stored for 10 half-lives, then are monitored for levels of radioactivity. If no residual radioactivity is discovered, the material can be treated as nonradioactive for disposal purposes.

The petitioners state that wastes stored for the prescribed timeframe will lose 99.9 percent of their radioactive content.

The petitioners note that under the current regulations most NRC licensees are permitted to use this disposal method for materials that have half-lives of less than 65 days, but also assert that this disposal practice is appropriate for materials with half-lives of up to 1 year. The petitioners also believe that an arbitrary number of half-lives is not equally protective in all situations. As an example, the petitioners state that waste material containing one millicurie of radioactivity would decay to one microcurie in 10 half-lives, while waste containing one curie of radioactivity will still contain one millicurie after the same storage time.

The petitioners believe that, regardless of the initial radioactivity present in waste material, there is no significant 5

risk that materials with a half-life of 1 year or less would leach from a landfill before they decay. The petitioners state that the intent of the required storage time of low-level radioactive waste material before disposal is to make certain that all radioactivity has decayed to harmless levels. The petitioners assert that radioactive decay associated with buried wastes containing low levels of radionuclides will have no more adverse effect on public health and the environment than if the wastes are stored in a licensee-controlled facility.

The petitioners also assert that the current regulatory limits on radioactivity in buried waste materials are intended to protect not only individuals who transport and handle the waste, but also to protect the general public if a transportation accident enroute to the burial site results in a release. The petitioners believe that a regulatory limit on the exposure rate from the waste container or the transport vehicle would accomplish the same result.

- The petitioners recommend that the identical requirement currently in place for specific licenses, which requires that the deep-dose equivalent exposure rate be indistinguishable from background levels as measured by low-level laboratory survey instruments, would also be adequate to protect public health and the environment from adverse radiological effects from buried low-level biological wastes. The petitioners believe that such a provision would allow for immediate disposal of wastes containing low levels of radionuclides and would permit more cost-effective 6

waste disposal practices for biological research activities.

The Petitioners' Proposals The petitioners request that 10 CFR Part 20 be amended to overcome the problems the petitioners have itemized and recommend the following revision to the regulations:

The petitioners propose that §20.2005 be amended by revising paragraph (a}; redesignating paragraph (c} as paragraph (g}; and adding new paragraphs (c), (d), (e), and (f) to read as follows:

Proposed Revision:

- §20.2005 Disposal of specific wastes.

(a} A licensee may dispose of the following licensed material as if it were not radioactive:

(1) 0.05 microcurie (1.85 kBq), or less, of hydrogen-3 or carbon-14 per gram of flammable or combustible liquid; and (2) 0.05 microcurie (1.85 kBq), or less, of hydrogen-3 or carbon-14 per gram of biological tissue, animal bedding material or animal excreta, averaged over the weight of the entire tissue,

- bedding material or excreta.

{c) Any licensee may dispose of 0.05 microcurie (1.85 kBq), or less, of licensed material consisting of any mixture of hydrogen-3, carbon-14, and radionuclides with half-lives of less than 1 year, per gram of incinerator ash or nonsalvable trash, averaged over the weight of the ash or trash generated directly in the utilization of the radionuclides present, by burial in a landfill approved by the U.S. Environmental Protection Agency or 7

appropriate State regulatory agency.

(d) The deep-dose equivalent dose rate at the surface of containers and vehicles used for transporting wastes disposed of under the provisions of paragraph (c) of this section shall be indistinguishable from background with typical low-level laboratory survey instruments.

(e) All "radioactive materials" labels shall be removed or obliterated prior to disposal under the provisions of paragraph (c) of this section, and the containers and the transport

- vehicles of these waste materials shall not be labeled as containing radioactive materials unless so required by the U.S.

Department of Transportation.

(f) Wastes disposed of under the provisions of paragraph {c) of this section are not subject to the requirements of §20.2006.

The petitioners admit that proposed §20.2005(c) and (e) 4llt would result in a potential conflict between NRC requirements and U.S. Department of Transportation (DOT) regulations that specify that any material with a specific gravity greater than 0.002 microcurie per gram must be treated as radioactive. The petitioners indicate that if the petition for rulemaking before the NRC results in favorable action, they will submit a petition for rulemaking to DOT to revise the relevant regulation (49 CFR 173.403(y)) to permit an identical method for disposal of waste material that contains low levels of radionuclides.

8

The petitioners also recognize that the types of waste specified in proposed §20.2005(c) are incinerator ash and nonsalvable trash, and that the incineration process is covered in §20.2004. The petitioners emphasize that the regula~ory intent is to exclude discarded laboratory apparatus, equipment, or furniture that could result in unintended or unauthorized retrieval of contaminated items.

The Petitioners' Conclusion The petitioners have concluded that the current restrictions on low-level radioactive waste disposal have hindered certain types of research that they believe cannot be effectiveiy performed without the use of radioactive materials. The petitioners have proposed revisions and additions to the current regulations in 10 CFR Part 20 that they believe will permit more cost-effective disposal of wastes containing very low levels of radionuclides without adversely affecting public health or the environment. The petitioners request that the NRC consider its proposals to amend the rules in 10 CFR Part 20.

Dated at Rockville, Maryland, this '3J. day of ~ e _ ~

1993.

ear Regulatory Commission.

~~

the Commission.

9

18 May 1993 U. S. Nuclear Regulatory Commission Attention: Chief

. DOCKETED Docketing and Service Branch Office of the Secretary Washington, DC 20555 f.,,,,..n* S.:"::rW,!_CE BF:Mi ~H D0"1!(ET:~J , ,1

.,, Se t.,\'. *r*c

<*/) I h PETITION FOR RULEMAKING tu~*,s Reason for the Petition Each of the undersigned individuals is responsible for radioactive and mixed waste management at an institution with extensive biomedical research activities, but is writing as an individual citizen and not as a representative of his or her institution. Current restrictions on low-level radioactive waste disposal have jeopardized the ability of our institutions to pursue certain kinds of research that cannot be conducted effectively without the use of radioactive materials. The petitioners seek to obtain partial relief from this intolerable situation by proposing safe alternatives for disposal of limited categories of wastes. We are concerned that there has been no action on a previous, similar petition for rulemaking (PRM 20-14, 49 FR 3667-3669, January 30, 1984).

Mixed Wastes Containing H-3 or C-14 Current NRC regulations (10 CFR 20.306) allow the disposal of liquid scintillation fluid containing no more than 0.05 microcurie of hydrogen-3 or carbon-14 per gram to be disposed of as if it were not radioactive. This provision is both rational and practical, since it allows disposal of flammable solvents by the preferred method of incineration; it will be continued after 1 January 1994 under the provisions of §20.2005. However, procedures other than liquid scintillation counting generate similar flammable or combustible liquid wastes containing low concentrations of H-3 and C-14. Including these materials under the disposal criteria for specific wastes would provide a cost-effective disposal option with essentially no impact on public health or environmental quality.

Wastes Containing Short-Lived Radionuclides Much of the radioactive waste generated by research and medical institutions contains only short-lived radionuclides, with the radioactivity decreasing rapidly through the normal decay process. At present, such wastes are stored for a prescribed period of time, usually 10 half-lives, allowing 99.9% of the activity to decay. The wastes are then surveyed and, if no residual radioactivity is detected, they are disposed of as nonradioactive. Most NRC licensees are allowed to use this method for materials with half-lives of less than 65 days, but it could safely be used for materials with longer half-lives, e.g. up to one year.

Schiager, et al. - Petition for Rulemaking 18 May 1993 10 CFR 20.2005 - Disposal of Specific Wastes Page 2 The intent of the prescribed storage time for decay before disposal is to assure decay of the radioactivity to harmless levels. Regardless of the initial activity, the same fractional decay occurs in 10 half-lives, leaving 0.1 % of the original. For example, a waste package containing 1 millicurie would decay to 1 microcurie in 10 half-lives, whereas a package initially containing 1 curie would still contain 1 millicurie after the same storage time. Thus, an arbitrary number of half-lives is not equally protective in all situations.

For materials with half-lives of one year or less, regardless of the initial activity, there is no significant risk that materials would leach from a landfill before they decay. Consequently, there is no reason related to protection of health or the environment that the radioactive decay should not occur after the waste is buried rather than in a licensee-controlled storage facility.

The limit on activity in the waste at the time it is sent for burial is intended for the protection of the handlers and transporters of the waste, as well as for the general public in the event of a transportation accident enroute to the burial site. A limit on exposure rate from the waste container or transport vehicle would adequately serve the same purpose. We recommend essentially the same criterion that is currently included in specific licenses, i.e. that the deep-dose equivalent exposure rate be indistinguishable from background with typical low-level laboratory survey instruments. This would allow for immediate disposal of wastes containing low-energy beta emitters; the storage time required for high-energy beta emitters or photon emitters would depend on both the energies of the emissions and the total activity in the waste.

Proposed Revisions

§ 20.2005 Disposal of specific wastes.

(a) A licensee may dispose of the following licensed material as if it were not radioactive:

(1) 0.05 microcurie (1.85 kBq), or less, of hydrogen-3 or carbon-14 per gram of medimn used for liq-ttid scintillation eoooting lllwl~'=~:: ]t~r : llli=~~~:: l~~1:,s; and (2) 0.05 microcurie (1.85 kBq), or less, of hydrogen-3 or carbon-14 per gram of aaimal

~~~~~!~~~sff[~11~,1111~1111111~1~~~ ~i,~11~ averaged over the weight of the Existing subparagraph (b) should be retained as it 1s; (c) should be retained but relabeled as subparagraph (g).

Schiager, et al. - Petition for Rulemaking 18 May 1993 10 CFR 20.2005 - Disposal of Specific Wastes Page 3 Additional Interpretation It is recognized that proposed paragraphs (c) and (e) introduce a potential conflict between regulations of the NRC and the U. S. Department of Transportation (DOT), which regulates as radioactive any material with a specific activity greater than 0.002 microcurie per gram. If this petition results in favorable action by the NRC, a petition will be submitted to the DOT to revise 49 CFR l 73.403(y) to accommodate this method of disposal.

The types of waste specified in proposed paragraph (c) are incinerator ash and nonsalvable trash. The intent is to exclude discarded laboratory apparatus, equipment or furniture that might invite unanticipated or unauthorized salvage of contaminated items. Although incinerator ash is included in the proposal, the incineration process is not included, since it is addressed in section 20.2004.

Adoption of this proposed revision would not increase risks to the health of the public or to the environment, but would substantially reduce the costs and complexity of low-level radioactive waste management by research institutions.

Petitioners

. Schlager, , CHP

--~JJ:-4~

Donald E. Carlson, P\

Director, Radiological Health Environmental Health & Safety 100 Orson Spencer Hall U of Texas Southwest Med Center University of Utah 5323 Harry Hines Blvd.

Salt Lake City, UT 84112 Dallas, TX 75235-9053

Schlager, et al. - Petition for Rulemaking 18 May 1993 10 CFR 20.200S - Disposal of Specific Wastes Page 4

--iddA'stman, PhD, CHP

- ~ d&; -

Martha M. Malter Environmental Health & Safety Environmental Health & Safety Columbia University Univ. of California, San Diego 630 West 168th Street La Jolla, CA 92093 New York, NY 10032 E{ff:;~!~

Director, Office of University Safety JJ\M.LvJJ ~11.AJ--

. Esmeralda Party Radiation Safety Officer Yale University Tho Rockctllct University 135 College Street 1230 York Avcnuo New Haven, CT 06510 New York. NY 10021

~ ~tL;L-Thomas R. Hicks Environ. Health and Safety Phy ci University of Oregon Environmcn~I Health & Safety 1230 Franklin Blvd. Harvard University Eugene, OR 97403 46 Oxford Street Cambridge, MA 02138

• L. Todd Leasia Office of Research Safety Northwestern University 303 E. Chicago Avenue Casimir w. Scislowicz Mana&~ ot Safety Calit. Inst. ot Tcdmology

• 2039 Empreu Avcnuo .

Chicago, ll. 60611 South Pasadena, CA 91030 Jose A Radi .

Univ Texas Southwestern Med Center 5323 arry Hines Blvd.

~ * *on Safety Officer Harvard University 6Sbagbark Road Dallas, TX 75235-9053 Concord, MA 01742

Schlager, et al. - Petition for Rulemaking 18 May 1993 10 CFR 20.2005 - Disposal of Specific Wastes Page 5 Sheets containing the original signatures of the petitioners that were photo-copied to the preceding page are appended to the original copy of the petition submitted to the NRC.

Schiager, et al. - Petition for Rulemaking 18 May 1993 10 CFR 20.2005 - Disposal of Specific Wastes Page 3

• 1-1r~.a,n*

Additional Interpretation It is recognized that proposed paragraphs (c) and (d) introduce a potential conflict between regulations of the NRC and the U. S. Department of Transportation (DOT), which regulates as radioactive any material with a specific activity greater than 0.002 microcurie per gram. If I

this petition results in favorable action by the NRC, a petition will be submitted to the DOT to revise 49 CFR 173.403(y) to accommodate this method of disposal.

I The types of waste specified in proposed paragraph (c) are incinerator ash and nonsalvable trash. The intent is to exclude discarded laboratory apparatus, equipment or furniture that I might invite unanticipated or unauthorized salvage of contaminated items. Although incinerator ash is included in the proposal, the incineration process is not included, since it is addressed I in section 20.2004.

I Adoption of this proposed revision would not increase risks to the health of the public or to the environment, but would substantially reduce the costs and complexity of low-level radioactive waste management by research institutions.

Petitioners Keith J. Schiager, PhD, CHP

~ Jrt.

Donald E. Carlson, P ~

Director, Radiological Health Environmental Health & Safety 100 Orson Spencer Hall U of Texas Southwest Med Center University of Utah 5323 Harry Hines Blvd.

Salt Lake City, UT 84112 Dallas, TX 75235-9053

Schiager, et al. - Petition for Rulemaking 18 May 1993 10 CFR 20.2005 - Disposal of Specific Wastes Page 4 istman, PhD, CHP Martha M. Malter Environmental Health & Safety Environmental Health & Safety Columbia University Univ. of California, San Diego 630 West 168th Street La Jolla, CA 92093 New York, NY 10032 Elan J. Gandsman, PhD Esmeralda Party Director, Office of University Safety Radiation Safety Officer Yale University The Rockefller University 135 College Street 1230 York Avenue New Haven, CT 06510 New York, NY 10021 Thomas R. Hicks Joseph P. Ring, PhD Environ. Health and Safety Health Physicist University of Oregon Environmental Health & Safety 1230 Franklin Blvd. Harvard University Eugene, OR 97403 46 Oxford Street Cambridge, MA 02138 L. Todd Leasia Casimir W. Scislowicz Office of Research Safety Manager of Safety Northwestern University Calif. Inst. of Technology 303 E. Chicago A venue 2039 Empress Avenue Chicago, IL 606 I I South Pasadena, CA 91030 Jose A. Lopez Jacob Shapiro, PhD Radiation Safety Manager Radiation Safety Officer Univ of Texas Southwestern Med Center Harvard University 5323 Harry Hines Blvd. 6 Shagbark Road Dallas, TX 75235-9053 Concord, MA 01742

Schiager, et al. - Petition for Rulemaking 18 May 1993 10 CFR 20.2005 - Disposal of Specific Wastes Page 4 Edward A Christman, PhD, CHP Martha M. Malter Environmental Health & Safety Environmental Health & Safety Columbia University Univ. of California, San Diego 630 West 168th Street La Jolla, CA 92093 New York, NY 10032

~ 1~) ~

Elan J. Gandsman, Esmeralda Party Director, Office of University Safety Radiation Safety Officer Yale University The Rockefller University I 35 College Street 1230 York Avenue New Haven, CT 06510 New York, NY 10021 Thomas R. Hicks Joseph P. Ring, PhD Environ. Health and Safety Health Physicist University of Oregon Environmental Health & Safety 1230 Franklin Blvd. Harvard University Eugene, OR 97403 46 Oxford Street Cambridge, MA 02138 L. Todd Leasia Casimir W. Scislowicz Office of Research Safety Manager of Safety Northwestern University Calif. Inst. of Technology 303 E. Chicago A venue 2039 Empress A venue Chicago, IL 6061 1 South Pasadena, CA 91030 Jose A. Lopez Jacob Shapiro, PhD Radiation Safety Manager Radiation Safety Officer Univ of Texas Southwestern Med Center Harvard University 5323 Hany Hines Blvd. 6 Shagbark Road Dallas, TX 75235-9053 Concord, MA 01742

Schiager, et al. - Petition for Rulemaking 18 May 1993 10 CFR 20.2005 - Disposal of Specific Wastes Page 4 Edward A Christman, PhD, CHP Martha M. Malter Environmental Health & Safety Environmental Health & Safety Columbia University Univ. of California, San Diego 630 West 168th Street La Jolla, CA 92093 New York, NY 10032 Elan J. Gandsman, PhD Esmeralda Party Director, Office of University Safety Radiation Safety Officer Yale University The Rockefller University 135 College Street 1230 York Avenue New Haven, CT 06510 New York, NY 10021

~7H~tf4 Thomas R. Hicks

~ Ii/-co- Joseph P. Ring, PhD Environ. Health and Safety Health Physicist University of Oregon Environmental Health & Safety 1230 Franklin Blvd. Harvard University Eugene, OR 97403 46 Oxford Street Cambridge, MA 02138 L. Todd Leasia Casimir W. Scislowicz Office of Research Safety Manager of Safety Northwestern University Calif. Inst. of Technology 303 E. Chicago A venue 2039 Empress Avenue Chicago, IL 60611 South Pasadena, CA 91030 Jose A. Lopez Jacob Shapiro, PhD Radiation Safety Manager Radiation Safety Officer Univ of Texas Southwestern Med Center Harvard University 5323 Harry Hines Blvd. 6 Shagbark Road Dallas, TX 75235-9053 Concord, MA 01742

Schlager, et al. - Petition for Rulemaking 18 May 1993 10 CFR 20.2005 - Disposal of Specific Wastes Page 4 Edward A Christman, PhD, CHP Martha M. Malter Environmental Health & Safety Environmental Health & Safety Columbia University Univ. of California, San Diego 630 West 168th Street La Jolla, CA 92093 New York, NY 10032 Elan J. Gandsman, PhD Esmeralda Party Director, Office of University Safety Radiation Safety Officer Yale University The Rockefller University 13 5 College Street 1230 York Avenue New Haven, CT 06510 New York, NY 10021 Thomas R. Hicks Joseph P. Ring, PhD Environ. Health and Safety Health Physicist University of Oregon Environmental Health & Safety 1230 Franklin Blvd. Harvard University Eugene, OR 97403 46 Oxford Street Cambridge, MA 02138 L. Todd Leasia Casimir W. Scislowicz Office of Research Safety Manager of Satety Northwestern University Calif. Inst. of Technology 303 E. Chicago A venue 2039 Empress Avenue Chicago, IL 60611 South Pasadena, CA 91030 Rz Jacob Shapiro, PhD afety Manager Radiation Safety Officer Univ o Texas Southwestern Med Center Harvard University 5323 arry Hines Blvd. 6 Shagbark Road Dallas, TX 75235-9053 Concord, MA 01742

Schiager, et al. - Petition for Rulemaking 18 May 1993 10 CFR 20.2005 - Disposal of Specific Wastes Page 4 Edward A Christman, PhD, CHP

'~-c?'d2z6--

Martha M. Malter Environmental Health & Safety Environmental Health & Safety Columbia University Univ. of California, San Diego 630 West 168th Street La Jolla, CA 92093 New York, NY 10032 Elan J. Gandsman, PhD Esmeralda Party Director, Office of University Safety Radiation Safety Officer Yale University The Rockefller University 135 College Street 1230 York Avenue New Haven, CT 06510 New York, NY 10021 Thomas R. Hicks Joseph P. Ring, PhD Environ. Health and Safety Health Physicist University of Oregon Environmental Health & Safety 1230 Franklin Blvd. Harvard University Eugene, OR 97403 46 Oxford Street Cambridge, MA 02138 L. Todd Leasia Casimir W. Scislowicz Office of Research Safety Manager of Safety Northwestern University Calif. Inst. of Technology 303 E. Chicago Avenue 2039 Empress A venue Chicago, IL 60611 South Pasadena, CA 91030 Jose A. Lopez Jacob Shapiro, PhD Radiation Safety Manager Radiation Safety Officer Univ of Texas Southwestern Med Center Harvard University 5323 Harry Hines Blvd. 6 Shagbark Road Dallas, TX 75235-9053 Concord, MA 01742

Schlager, et al. - Petition for Rulemaking 18 May 1993 10 CFR 20.2005 - Disposal of Specific Wastes Page 4 Edward A Christman, PhD, CHP Martha M. Malter Environmental Health & Safety Environmental Health & Safety Columbia University Univ. of California, San Diego 630 West 168th Street La Jolla, CA 92093 New York, NY 10032 Elan J. Gandsman, PhD JJ~~j ~~}--

Esmeralda Party Director, Office of University Safety Radiation Safety Officer Yale University The Rockefller University 135 College Street 1230 York Avenue New Haven, CT 06510 New York, NY 10021 Thomas R. Hicks Joseph P. Ring, PhD Environ. Health and Safety Health Physicist University of Oregon Environmental Health & Safety 1230 Franklin Blvd. Harvard University Eugene, OR 97403 46 Oxford Street Cambridge, MA 0213 8 L. Todd Leasia Casimir W. Scislowicz Office of Research Safety Manager of Safety Northwestern University Calif. Inst. of Technology 303 E. Chicago A venue 2039 Empress Avenue Chicago, IL 60611 South Pasadena, CA 91030 Jose A. Lopez Jacob Shapiro, PhD Radiation Safety Manager Radiation Safety Officer Univ of Texas Southwestern Med Center Harvard University 5323 Harry Hines Blvd. 6 Shagbark Road Dallas, TX 75235-9053 Concord, MA 01742

Schiager, et al. - Petition for Rulemaking 18 May 1993 10 CFR 20.2005 - Disposal of Specific Wastes Page 4 Edward A Christman, PhD, CHP Martha M. Malter Environmental Health & Safety Environmental Health & Safety Columbia University Univ. of California, San Diego 630 West 168th Street La Jolla, CA 92093 New York, NY 10032 Elan J. Gandsman, PhD Esmeralda Party Director, Office of University Safety Radiation Safety Officer Yale University The Rockefller University 135 College Street 1230 York Avenue New Haven, CT 06510 New York, NY I 0021 Thomas R. Hicks Environ. Health and Safety University of Oregon th & Safety 1230 Franklin Blvd. Harvard University Eugene, OR 97403 46 Oxford Street Cambridge, MA 02138 L. Todd Leasia Casimir W. Scislowicz Office of Research Safety Manager of Safety Northwestern University Calif. Inst. of Technology 303 E. Chicago Avenue 2039 Empress Avenue Chicago, IL 6061 I South Pasadena, CA 91030 Jose A. Lopez Jacob Shapiro, PhD Radiation Safety Manager Radiation Safety Officer Univ of Texas Southwestern Med Center Harvard University 5323 Harry Hines Blvd. 6 Shagbark Road Dallas, TX 75235-9053 Concord, MA OI 742

Schiager, et al. - Petition for Rulemaking 18 May 1993 10 CFR 20.2005 - Disposal of Specific Wastes Page 4 Edward A Christman, PhD, CHP Martha M. Malter Environmental Health & Safety Environmental Health & Safety Columbia University Univ. of California, San Diego 630 West 168th Street La Jolla, CA 92093 New York, NY 10032 Elan J. Gandsman, PhD Esmeralda Party Director, Office of University Safety Radiation Safety Officer Yale University The Rockefller University 135 College Street 1230 York Avenue New Haven, CT 06510 New York, NY 10021 Thomas R. Hicks Joseph P. Ring, PhD Environ. Health and Safety Health Physicist University of Oregon Environmental Health & Safety 1230 Franklin Blvd. Harvard University Eugene, OR 97403 46 Oxford Street Cambridge, MA 0213 8

(~jL L. Todd Leasia Casimir W. Scislowicz Office of Research Safety Manager of Safety Northwestern University Calif. Inst. of Technology 303 E. Chicago Avenue 2039 Empress A venue Chicago, IL 60611 South Pasadena, CA 91030 Jose A. Lopez Jacob Shapiro, PhD Radiation Safety Manager Radiation Safety Officer Univ of Texas Southwestern Med Center Harvard University 5323 Harry Hines Blvd. 6 Shagbark Road Dallas, TX 75235-9053 Concord, MA 01742

Schiager, et al. - Petition for Rulemaking 18 May 1993 10 CFR 20.2005 - Disposal of Specific Wastes Page 4 Edward A Christman, PhD, CHP Martha M. Malter Environmental Health & Safety Environmental Health & Safety Columbia University Univ. of California, San Diego 630 West 168th Street La Jolla, CA 92093 New York, NY 10032 Elan J. Gandsman, PhD Esmeralda Party Director, Office of University Safety Radiation Safety Officer Yale University The Rockefller University 135 College Street 1230 York Avenue New Haven, CT 06510 New York, NY 10021 Thomas R. Hicks Joseph P. Ring, PhD Environ. Health and Safety Health Physicist University of Oregon Environmental Health & Safety 1230 Franklin Blvd. Harvard University Eugene, OR 97403 46 Oxford Street Cambridge, MA 02138 L. Todd Leasia Casimir W. Scislowicz Office of Rese2rch Safety Ma.11ager cf Safety Northwestern University Calif. Inst. of Technology 303 E. Chicago A venue 2039 Empress Avenue Chicago, IL 60611 South Pasadena, CA 91030 Jose A. Lopez ob Shapiro, PhD Radiation Safety Manager adiation Safety Officer Univ of Texas Southwestern Med Center Harvard University 5323 Harry Hines Blvd. 6 Shagbark Road Dallas, TX 75235-9053 Concord, MA 01742