Information Notice 1990-62, Requirements for Import and Distribution of Neutron-Irradiated Gems

Requirements for Import and Distribution of Neutron-Irradiated Gems

ML031140017
Person / Time
Site:	Beaver Valley, Millstone, Hatch, Monticello, Calvert Cliffs, Dresden, Davis Besse, Peach Bottom, Browns Ferry, Salem, Oconee, Nine Mile Point, Palisades, Palo Verde, Perry, Indian Point, Fermi, Kewaunee, Catawba, Harris, Wolf Creek, Saint Lucie, Point Beach, Oyster Creek, Watts Bar, Hope Creek, Grand Gulf, Cooper, Sequoyah, Byron, Pilgrim, Arkansas Nuclear, Three Mile Island, Braidwood, Susquehanna, Summer, Prairie Island, Columbia, Seabrook, Brunswick, Surry, Limerick, North Anna, Turkey Point, River Bend, Vermont Yankee, Crystal River, Haddam Neck, Ginna, Diablo Canyon, Callaway, Vogtle, Waterford, Duane Arnold, Farley, Robinson, Clinton, South Texas, San Onofre, Cook, Comanche Peak, Yankee Rowe, Maine Yankee, Quad Cities, Humboldt Bay, La Crosse, Big Rock Point, Rancho Seco, Zion, Midland, Bellefonte, Fort Calhoun, FitzPatrick, McGuire, LaSalle, Fort Saint Vrain, Shoreham, Satsop, Trojan, Atlantic Nuclear Power Plant
Issue date:	09/25/1990
From:	Cunningham R NRC/NMSS/IMNS
To:
References
IN-90-062, NUDOCS 9009190242
Download: ML031140017 (13)

-X

UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS

WASHINGTON, D.C. 20555 September 25, 1990

NRC INFORMATION NOTICE NO. 90-62: REQUIREMENTS FOR IMPORT AND DISTRIBUTION

OF NEUTRON-IRRADIATED GEMS

Addressees

All irradiated gemstone importers and distributors, and all non-power reactor

licensees.

Purpose

To remind gemstone importers and distributors of long-standing Nuclear Regulatory

Commission (NRC) requirements contained in 10 CFR Parts 30 and 110, governing

the Import and distribution of neutron-irradiated gems, and to provide Information

on NRC's planned actions on unauthorized Importation or distribution. It is

expected that licensees, importers, and distributors will review this information

and assure that they comply with applicable requirements. This notice does not

in itself establish any new requirements, and no written response is required.

Discussion:

Since 1986, numerous inquiries to NRC indicated that large quantities of reactor

neutron-irradiated gems, particularly blue topaz, were being distributed in the

United States without NRC authorization. Neutron-irradiated gems contain small

quantities of radioactive byproduct material. A special NRC license is required

for distribution of such gems to unlicensed persons (such as gem dealers, wholesalers, and consumers). In early 1988, NRC informed all gem industry

representatives and non-power reactor licensees that NRC would accept

applications for such licenses to distribute neutron-irradiated gems (see

Attachments 1 and 2). The license requirements are contained in 10 CFR

Parts 30 and 32.

Licensed distributors must have radiation measurement and quality control

procedures for ensuring that all gems released to the public are below the

radioactivity limits specified in 10 CFR 30.70. The distributors must disclose

to their customers that gems are neutron-irradiated. The licenses authorize

distribution of cut, finished gems only, because radiation exposures associated

with cutting and grinding gems are potentially much higher than those incurred

through normal consumer use.

As of September 1, 1990, three organizations (University of Missouri; General

Atomics, San Diego, CA; and Alnor Instrument Co., Skokie, IL) have obtained

appropriate distribution licenses for neutron-irradiated blue topaz. One

import license application is pending. In the meantime, the NRC staff

continues to receive reports of unauthorized imports of neutron-irradiated gems, particularly blue topaz. NRC does not have any information to indicate that

the radiation levels in such gems are a public health hazard, and has not yet

taken an-yenforcement action. Nevertheless, the possibility exists that

r 909l0242jZ§)

IN 90-62 September 25, 1990 hazardous radioactive gems, which have not been properly checked for excessive

radiation levels, could be imported by an unauthorized source. Therefore, the

NRL staff is taking the following actions:

1. NRC will take enforcement action against unauthorized importers or

distributors of neutron-irradiated gems. Enforcement action may include

imposition of monetary penalties or referral to the Department of Justice

for potential criminal prosecution or to obtain an injuction by a Federal

District Court.

2. NRC will arrange, in cooperation with the U.S. Customs Service, to check

imported shipments of blue topaz to verify that they are authorized.

Customs agents will look for written certification as to whether gems are

unirradiated, accelerator-irradiated, or neutron-irradiated, and whether

NRC has licensed the importers. Unauthorized imports of neutron-irradiated

gems will be subject to seizure by U.S. Customs, and investigation by the

NRC Office of Investigations for possible criminal prosecution.

Neutron-irradiated gems may be imported under one of the following conditions:

a. The importer possesses a valid NRC or state license to possess the

gems.

b. The gems were previously distributed in the U.S. under the terms of

a valid NRC license authorizing distribution to unlicensed (exempt)

persons, and later exported. (Gems that may have been irradiated

and exported without going through a licensed distributor may not be

imported by unlicensed persons.)

Undocumented gems and gems with incomplete documentation may be subject to

import delays, pending verification as to whether they contain radioactive

material. All imported blue topaz or other suspect gems will be subject to

random checks by NRC or U.S. Customs, to determine the presence and quantities

of radioactive byproduct material.

Importers and distributors of blue topaz gems or other commonly irradiated gems

should take the following actions:

1. Do not import neutron-irradiated gems unless you have a valid NRC distribution

license. (If the gems were previously distributed by an NRC licensee

under the terms of a license authorizing distribution to unlicensed persons, and were exported for mounting, they may be imported without a distribution

license if there is sufficient documentation to verify compliance

with NRC requirements, including identification of the NRC distributor and

license number.)

2. Require your gem supplier to identify and label the gem shipments as

neutron-irradiated, accelerator-produced, or unirradiated. If the gems are

neutron-irradiated, the shipment should clearly state the name and license

number of the licensed distributor/importer. Only the initial distributor/

importer in the U.S. needs to be licensed. Secondary distributors and

n 4 .;.

IN 90-62 September 25, 1990 retailers in the U.S. do not need to be licensed. Attachment 3 provides

additional guidance on acceptable documentation for imported gemstones.

3. If you wish to obtain an NRC license, contact NRC. Call the Medical, Academic, and Commercial Use Safety Branch at (301) 492-0639.

This information notice does not require a written response to NRC. Any

Questions on NRC distribution licenses may be directed to Michael Lamastra

1301-492-0639). Questions on non-power reactor operating licenses may be

directed to Seymour Weiss (301-492-0170).

Richard E. Cunningham, Director

Division of Industrial and

Hedical Nuclear Safety

Technical Contacts: Cheryl A. Trottier, NMSS

(301) 492-3422 John Hickey, NMSS

(301) 492-3332 Attachments:

1. Letter to American Gem Trade Assoc.,

dtd. Jan. 29, 1986

2. Generic Letter 88-04, dtd. Feb. 23, 1988

3. NRC Guidance on Ioport Documentation for

Commonly Irradiated Gemstones, including

Blue Topaz

4. List of Recently Issued. NMSS Information Notices

5. List of Recently Issued NRC Information Notices

ATTACHMENT 1

4 qTDSAE IN 90-62 NUCLEAR REGULATORY COMMISSION SepteIber 25 1990

dI I . WASHINGTON.O.C.20555 Page of 2 vh? 2 9 1985

The American Gem Trade Association

ATTN: Ms. Peggy illett

Executive Director

World Trade Center

Suite 181

P.O. Box 581043

Dallas, Texas 75258 Gentlemen:

This letter is to advise you of the recent Nuclear Regulatory Commission

decision regarding distribution of neutron-irradiated gems In the Unitedexempt

States. The Commission has determined that It will authorize,of through gems such as

distribution licenses, the distribution in the United States

topaz which have been neutron-irradiated in reactors to enhance their color.

The distribution of neutron-irradiated topaz is a continuing activity, and th

NRC therefore plans to act expeditiously on the licensing of domestic reactors.

and importers. We would appreciate your assistance In informing the gem trade

industry of the requirements for licensing of distributors of neutron-irradiated

gems. We would also appreciate your providing the NRC with a listingand of those

individuals or groups that are currently involved in the importation

distribution of neutron-irradiated topaz. This information will assist us in

determining the steps that must be taken to license this activity.

Owners of domestic reactors and importers wishing to distribute neutron-irradiated the NRC

gems, such as topaz, will be required to obtain a specific license from subject

pursuant to 10 CFR Section 32.11. Th, license. if granted, will not be

to the prohibition against distributibn of products intended for application to

a human being. However, license applications must meet the other requirements

of 10 CFR Sections 32.11, 30.14, and 30.70. Copies of these regulations are

enclosed.

Any license application must describe the means by which gems will be measured

for radiation, the means for assuring that all gems released meet the limits

for exempt concentrations of radioactive material, and a commnitment that only

cut, finished gems will be distributed under the license.

Those persons who are currently Involved In irradiating and/or importing of

neutron-irradiated gemstones should immediately contact the NRC Division

Industrial and Medical Nuclear Safety to discuss current and planned activities

so that a determination can be made on the course of action that should be

taken. If individuals are currently distributing or intend to distribute

neutron-irradiated gemstones, they must obtain a license to specifically

authorize this activity. Failure to obtain a proper license could result in

enforcement action on the part of the NRC.

ATTACHMENT 1 IN 90-62 SejiVjr,A 1990

2 Persons (such as secondary distributors and individual consumers) who receive

gems from an NRC-licensed distributor do not need a license. Only the initial

distributor In the United States must be licensed pursuant to 10 CFR Section 32.11.

I hope that this Information is useful in clarifying the NRC position en this

matter. and the actions that should be taken by some members of your association.

Licensing questions may be directed to Mr. Michael Lamastra at 301-492-0639.

-Other questions may be directed to the NRC Office of Public Affairs at

301-492-7715.

Thank you for your assistance in this matter.

Sincerely, Hugh L. Thompson, Jr.. Director

Office of Nuclear Material

Safety and Safeguards

Enclosures:

10 CFR Parts 30, 32, and 170

K)

ATTACHMENT 2 ag0q

UNITED STATES IN 90-62 t Aou

NUCLEAR REGULATORY COMMISSION September 25, 1990

WASHINGTON. 0. C. 205S5 FEBRUARY 23, 1988 TO ALL NON-POWER REACTOR LICENSEES

Gentlemen:

(GENERIC LETTER

SUBJECT: DISTRIBUTION OF GEMS IRRADIATED IN RESEARCH REACTORS

88-04; SEE ALSO GENERIC LETTER 86-l1, DATED JUNE 25, 1986)

licensees might. be

On June 25, 1986, we notified ycu that research reactor radioactivity to

irradiating and distributing products containing induced

We noted that 10 CFR

unlicensed persons In violation of NRC regulations.material into a product for

Section 30.14 prohibits introduction of byproduct has a specific

ddi'stribution to an unlicensed person, unless the distributor

32.11 which permits such distribution.

license issued pursuant to 10 CFR Section toys, policy against radioactive

We also noted that due to a long-standing for distribution

novelties, and adornments, the staff has not granted licenses

of Irradiated gems or similar materials.

from licensees

Throughout 1986 and 1987, we have received numerous inquiries respect to

with

and others, requesting that NRC take a definitive'position reported that large.

neutron-irradiated gems such as topaz. These persons

are on the United States retail market from

quantities of irradiated topaz in the interest bf

both foreign and domestic sources. They requested that, health, NRC

public

fairness and consistency, as well as protection of the

expeditiously resolve the issue.

authorizing the

Applications will now be considered for interim licenses to unlicensed

distribution of neutron-irradiated gems, particularly topaz, develop a policy

also

persons pursuant' to 10 CFR Section 32.11. The NRC will

risks which are'too low

which recognizes the existence-of radiation doses and Based on this-policy, to Justify regulation to protect public health and safety.

for classes of radioactive materials

specific regulations will be developed will not be

such'as irradiated gems. The interim licenses, if granted, against distribution of products intended fOr

subject to the prohibition must meet the

application to a human being. However, license applications The

30.70.

other requirements of 10 CFR Sections 32.11, 30.14, and is given in

radioactivity concentration limit for any single radionuclide for multiple

Schedule A of 10 CFR Section 30.70. The limit applicable

in Note 2 of '10 CFR

radionuclides may be calculated using the method specified

Section 30.70.

finished gems only, The interim licenses will authorize distribution of cut, associated with

because the potential for occupational radiation exposures

than for normal consumer use.

cutting and grindina gems is much higher for identification and

License applications must describe the proposed methods

quality control

measurements of the radionuclides in the gems, and the are below the

assuring that all gems released to the public

procedures for

limits specified in 10 CFR Section 30.70.

_"02FAV)5j 'IP.

ATTACHMENT 2 IN 90-62 September 25, 1990

Page 2 of .2 Multiple Addresses - 2 -

The NRC staff is aware that neutron-irradiated topaz has

the United States which contains radioactivity above the been imported into

limits specified in

10 CFR Sections 30.14 and 30.70. Accordingly, consistent

with the requirements

of 10 CFR Section 32.11, the staff plans to control distribution

gems at the source and, thus, envisions two principal groups of irradiated

distribution licenses, i.e., domestic reactors and initial of applicants for

importers. Both

groups will be subject to similar regulatory requirements.

Those reactor licensees who are currently distributina, or

irradiated gemstones to unlicensed persons must obtain a intend to distribute

license which

specifically authorizes this activity. Applications for distribution

should be submitted with proper fee (see 10 CFR Part 170) licenses

to:

U.S. Nuclear Regulatory Commission

Division of Industrial and Medical Nuclear Safety

Washington, DC 20555 Persons (such as secondary distributors and individual consumers)

gems from an NRC-licensed distributor do not need a license. who receive

distributor in the United States must be licensed pursuant Only the initial

to 10 CFR

Section 32.11.

This letter is for information only and does not require a

response. Those

persons who are currently irradiatinq and/or distributing irradiated

should immediately contact the NRC Division of Industrial gemstones

and Medical Nuclear

Safety to discuss current and planned activities so that a

determination can

be made on the course of action that should be taken. Questions

NRC distribution licenses may be directed to Michael Lamastra concerning

Questions concerning non-power reactor licenses may be directed (301-492-0639).

Rubenstein (301-492-1118). Questions concerning license to Lester

fees may be directed

to Glenda Jackson (301-492-8740).

Fra a, Associate Director

for rojects

Office of Nuclear Reactor Regulation

Richard E. Cunningham Director

Division of Industrial and

Medical Nuclear Safety

Office of Nuclear Material

Safety and Safeguards

Attachment 3 IN 90-62 September 25, 1990 NUCLEAR REGULATORY COMMISSION (NRC)

GUIDANCE ON IMPORT DOCUMENTATION FOR

COMMONLY IRRADIATED GEMSTONES, INCLUDING BLUE TOPAZ

All imported gems should contain clear documentation as to whether

1. or not

they are neutron-irradiated, accelerator-irradiated, irradiated at all.

by an

2. Neutron-irradiated gems from foreign reactors must be imported

the name of the

NRC or State licensee. The documentation should state

licensee and license number.

Neutron-irradiated gems from U.S. reactors, which may have been

3. were previously

exported, may be imported by non-licensees if they

distributed in the U.S. under the terms of an NRC distribution

licensee and

license. The documentation must state the name of the license

A reactor operating number

NRC distribution license number.

is not sufficient.

imported by

4. Accelerator-irradiated gems and unirradiated gems maybybethe U.S.

non-licensees. Such gems will be subject to checks

Customs Service or NRC, to verify that the gems are not

neutron-irradiated.

verification

5. Undocumented gems may be subject to import delays, pending

as to whether they contain radioactive material.

Attachment 4 IN 90-62 September 25, 1990 LIST OF RECENTLY ISSUED

NMSS INFORMATION NOTICES

Information Date of

Subject Issuance Issued to:

Notice No.

Errors in the use of 09/17/90 All medical licensees

90-59 Radioactive Iodlne-131 Improper Handling of 09/11/90 All Nuclear Regulatory

90-58 Commission (NRC) medical

Ophthalmic Strontium-90

Beta Radiation Applicators

Inadvertent Shipment of a 09/04/90 All U.S. Nuclear

90-56 Regulatory Commission

Radioactive Source in a (NRC) licensees

Container Thought to be Empty

Minimization of Methane Gas 08/08/90 All holders of operating

90-50 licenses or construction

in Plant Systems and Radwaste permits for nuclear power

Shipping Containers

reactors

Dose-Rate Instruments 06/29/90 All NRC licensees

90-44 Underresponding to the True

Radiation Fields

Requirements for Processing 05/29/90 All fuel facility and

90-38 materials licensees

Financial Assurance Submittals

for Decommissioning

Transportation of Type A 05/24/90 All U.S. Nuclear Regulatory

90-35 Commission (NRC) Licensees

Quantities of Non-Fissile

Radioactive Materials

Update on Waste Form and 05/04/90 All holders of operating

90-31 licenses or construction

High Integrity Container

Topical Report Review Status, permits for nuclear power

Identification of Problems reactors, fuel cycle

with Cement Solidification, licenses, and certain

and Reporting of Waste Mishaps byproduct materials

licenses

Attachment 5 IN 90-62 September 25, 1990 LIST OF RECENTLY ISSUED

NRC INFORMATION NOTICES

Information Date of

Notice No. Subject Issuance Issued to

90-61 Potential for Residual 9/20/90 All holders of

Heat Removal Pump OLs or CPs for

Pump Damage Caused By nuclear power

Parallel Pump Interaction reactors.

90-60 Availability of Failure 9/20/90 All holders of

Data In the Government- OLs or CPs for

Industry Data Exchange nuclear power

Program reactors.

90-59 Errors In the Use of 9/17/90 All medical

Radioactive Iodine-131 licensees.

90-58 Improper Handling of 9/11/90 All NRC medical

Ophthalmic Strontium-90 licensees.

Beta Radiation Applicators

90-57 Substandard, Refurbished 9/5/90 All holders of OLs

Potter & Brumfield Relays or CPs for nuclear

Misrepresented As New power reactors.

90-56- Inadvertent Shipment of A 9/4/90 All U.S. Nuclear

Radibactive Source In A Regulatory Com- Container Thought To Be mission (NRC)

Empty licensees.

90-55 Recent Operating Experi- 8/31/90 All holders of OLs

ence on Loss of Reactor or CPs for nuclear

Coolant Inventory While power reactors.

In A Shutdown Condition

83-44 Potential Damage to 8/30/90 All holders of OLs

Supp. 1 Redundant Safety Equip- or CPs for nuclear

ment As A Result of power reactors.

Backflow Through the

Equipment and Floor Drain

System

90-54 Summary of Requalification 8/28/90 All holders of OLs

Program Deficiencies or CPs for nuclear

power reactors.

89-18 Criminal Prosecution of 8/24/90 All holders of OLs

Supp. 1 Wrongdoing Committed by or CPs for nuclear

Suppliers of Nuclear power reactors.

Products or Services

OL - Operating ' cense

CP = Construction Permit

IN 90-62 September 25, 1990 retailers in the U.S. do not need to be licensed. Attachment 3 provides

additional guidance on acceptable documentation for imported gemstones.

3. If you wish to obtain an NRC license, contact NRC. Call the Medical, Academic, and Commercial Use Safety Branch at (301) 492-0639.

This information notice does not require a written response to NRC. Any

questions on NRC distribution licenses may be directed to Michael Lamastra

?301-492-0639). Questions on non-power reactor operating licenses may be

directed to Seymour Weiss (301-492-0170).

J i~hard E. Cunningham, Director

Division of Industrial and

Medical Nuclear Safety

Technical Contacts: Cheryl A. Trottier, NMSS

(301) 492-3422 John Hickey, NMSS

(301) 492-3332 Attachments:

1. Letter to American Gem Trade Assoc.,

dtd. Jan. 29, 1986

2. Generic Letter 88-04, dtd. Feb. 23, 1988

3.' NRC Guidance on Import Documentation for

Commonly Irradiated Gemstones, including

Blue Topaz

4. List of Recently Issued NMSS Information Notices

5. List of Recently Issued NRC Information Notices

• See previous concurrence

OFFC: IMOB*  : IMOB* :NMSS* :lMAB* :NRR* :INNS* LINS

NAME: CTrottier :JHickey :EKraus :JGlenn :SWeis~s :6Soblom f RECunningham

DATE: 09/17/90 :09/17/90:09/13/90:09/17/90 :09/18/90 :09/19/90 : O09/?90

OFFICIAL RECORD COPY

DOCUMENT NAME: IN 90-62

IN 90- 6) -

September ;5, 1990 3. If you wish to obtain an NRC license, contact NRC. Call the Medical, Academic, and Commercial Use Safety Branch at (301) 492-0639.

This information notice does not require a written response to NRC. Any

cuestions on NRC distribution licenses may be directed to Michael Lamastra

?301-492-0639). Questions on non-power reactor operating licenses may be

directed to Seymour Weiss (301-492-0170).

Richard E. Cunningham, Director

Division of Industrial and

Medical Nuclear Safety

Cheryl A. Trottier, NMSS

(301) 492-3422 John Hickey, NMSS

301-492-3332 Attachments:

1. Letter to American Gem Trade Assoc.,

dtd. Jan. 29, 1986

2. Generic Letter 88-04, dtd. Feb. 23, 1988

3. NRC Guidance on Import Documentation for

Commonly Irradiated Gemstones including

Blue Topaz

4. List of Recently Issued NMSS Information Notices

5. List of Recently Issued NRC Information Notices

• See previous concurrence

OFFC: IMOB*  : IMOB* :NMSS* :IMAB* :NRR* :INNS* I NS

NAME: CTrottier :JHlckey :EKraus :JGlenn :SWeiss :GSjoblom : RECunni4iham

/11 DATE: 09/17/90 :09/17/90:09/13/90:09/17/90 :09/18/90 :09/19/90 : O9//y/90

OFFICIAL RECORD COPY

IN 90-

September , 1990 3. If you wish to obtain an NRC license, contact NRC. Call the Medical, Academic, and Commercial Use Safety Branch at (301) 492-0639.

This information notice does not require a written response to NRC. Any

questions on NRC distribution licenses may be directed to Michael Lamastra

?301-492-0639. Questions on non-power reactor operating licenses may be

directed to S our Weiss (301-492-01f0).

7 Richard E. Cunningham, Director

Division of Industrial and

Medical Nuclear Safety

Cheiyl A. Trottier NMSS

N

(301) 492-3422 John Hi cey, NMSS

301-492-3332 Attachments:

1. Letter to American Gem Trade Assoi.o. ,

dtd. Jan. 29, 1986 \

2. Generic Letter 88-04, dtd Feb 2' '3,1988

3. NRC Guidance on Import Documentat'ton for

Commonly Irradiated Gemstones

Blue Topaz

4. List of Recently Issued NMSS Infoi

5. List of Recently Issued NRC Inforn

OFFICIAL RECORD COPY