ML042400005

Revised Decay-in-Storage Provisions for the Storage of Radioactive Waste Containing Byproduct Material

ML042400005
Person / Time
Issue date:	11/23/2004
From:	Chris Miller NRC/NMSS/IMNS
To:
McIntosh A, 301-415-5030, NMSS/NRC
References
RIS-04-017
Download: ML042400005 (6)

See also: RIS 2004-17

Text

UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS

WASHINGTON, D.C. 20555

November 23, 2004

NRC REGULATORY ISSUE SUMMARY 2004-17:

REVISED DECAY-IN-STORAGE PROVISIONS FOR THE STORAGE OF

RADIOACTIVE WASTE CONTAINING BYPRODUCT MATERIAL

ADDRESSEES

All licensees regulated under 10 CFR Parts 30, 32, 33, and 50.

INTENT

The U.S. Nuclear Regulatory Commission (NRC) is issuing this regulatory issue summary (RIS)

to inform all addressees of changes to the policy for authorizing decay-in-storage requirements

for radioactive waste containing byproduct material with half-lives of less than 120 days. No

specific action or written response is required.

BACKGROUND

In October 2002, the revised regulations in 10 CFR Part 35, Medical Use of Byproduct

Material, became effective. Revised 10 CFR 35.92, Decay-in-storage, included a significant

change in that the requirement to hold radioactive waste for a period of ten half lives prior to

disposal was eliminated. The revised regulation is more risk-informed and performance based

and does not require a specific holding period prior to disposal of radioactive waste, as long as

a final survey determines that the exposure rates of the waste cannot be distinguished from the

background radiation levels. Currently, many licensees have license conditions that impose

more restrictive requirements on decay-in-storage of their non-medical waste (e.g., research

and development) than the regulatory requirements for medical waste. As a result, several

licensees have requested that their licenses be amended to allow for the storage and

processing of their non-medical byproduct material waste in accordance with the new, less

restrictive requirements in Part 35.

ML042400005

RIS 2004-17

Page 2 of 3

SUMMARY OF ISSUE

The NRC staff reviewed the amendment requests and agrees that this non-medical, byproduct

material waste can be safely stored and processed in accordance with the criteria in Part 35.

As a result, the staff has updated the standard license condition used to authorize decay-in-

storage of waste to permit greater flexibility by eliminating the requirement for a specific holding

period prior to disposal.

The staff has revised the standard license condition to incorporate the following requirements of

Section 35.92:

• The waste must contain radionuclides having a physical half-life of less than 120 days;

• The waste must be held in storage until the radiation exposure rate cannot be distinguished

from background radiation levels;

• The waste must be monitored at the containers surface and with no interposed shielding;

• The waste must be monitored with an appropriate radiation detection instrument set at its

most sensitive scale;

• The licensee must obliterate or remove all radiation labels1; and

• Records of the disposal are maintained.

Low levels of some beta emitters, such as sulfur-35, are difficult to detect. Therefore, to assure

that the requirement that waste is held in storage until the radiation exposure rate cannot be

distinguished from background levels is met, licensees should perform surveys for these

materials in a low background radiation area. Furthermore, licensees must carefully select the

appropriate instrument, and must ensure it is properly calibrated. For guidance on selecting the

proper radiation detection equipment and ensuring it is properly calibrated, licensees may refer

to NUREG 1556, Volume 7, Appendix M, Consolidated Guidance About Materials Licenses -

Program Specific Guidance About Academic, Research and Development, and Other Licenses

of Limited Scope. This document is accessible at the NRC website at

http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1556/.

All new licenses granted under 10 CFR Parts 30, 32, and 33, listing byproduct material with

half-lives less than 120 days, will be issued with the authority to process waste in accordance

with the new decay-in-storage provision. All existing 10 CFR Part 30, 32, and 33 licenses will

be written to incorporate the decay-in-storage provision at the time of license renewal or

amendment, whichever occurs first. However, licensees who desire to utilize the new decay-in-

storage provisions immediately must promptly submit an amendment request and receive the

amended license prior to implementation.

The NRC staff has considered whether the provisions of the decay-in-storage option would be

applicable to reactor licensees and believes this option would present some difficulties to them.

Power reactors generate a mix of byproduct materials which have a wide range of half-lives.

Because of these mixtures, a power reactor licensee would have to separate out the short half-

life materials from the long half-life materials. This is generally not cost-effective. Although

1

An exception to this requirement is labels on materials that are within containers and

that will be managed as biomedical waste after release from the licensee.

RIS 2004-17

Page 3 of 3

research and test reactors (RTRs) also generate mixed byproduct materials with a wide range

of half-lives, some RTRs generate byproduct materials that are more distinct and are short

lived. Notwithstanding these considerations, should reactor licensees desire to pursue the

decay-in-storage option, the provisions of this RIS would be applicable to such reactor

licensees.

PAPERWORK REDUCTION ACT STATEMENT

This RIS requires no information collection.

This RIS requires no specific action nor written response. If you have questions about this RIS,

please contact one of the technical contacts listed below, or the appropriate regional office.

/RA/

Charles L. Miller, Director

Division of Industrial and

Medical Nuclear Safety

Office of Nuclear Material Safety

and Safeguards

Technical contacts: Angela R. McIntosh, NMSS Pamela J. Henderson, R-I

(301) 415-5030 (610) 337-6952

E-mail: arm@nrc.gov E-mail: pjh1@nrc.gov

Attachment: List of Recently Issued NRC Regulatory Issue Summaries

RIS 2004-17

Page 3 of 3

research and test reactors (RTRs) also generate mixed byproduct materials with a wide range

of half-lives, some RTRs generate byproduct materials that are more distinct and are short

lived. Notwithstanding these considerations, should reactor licensees desire to pursue the

decay-in-storage option, the provisions of this RIS would be applicable to such reactor

licensees.

PAPERWORK REDUCTION ACT STATEMENT

This RIS requires no information collection.

This RIS requires no specific action nor written response. If you have questions about this RIS,

please contact one of the technical contacts listed below, or the appropriate regional office.

/RA/

Charles L. Miller, Director

Division of Industrial and

Medical Nuclear Safety

Office of Nuclear Material Safety

and Safeguards

Technical contacts: Angela R. McIntosh, NMSS Pamela J. Henderson, R-I

(301) 415-5030 (610) 337-6952

E-mail: arm@nrc.gov E-mail: pjh1@nrc.gov

Attachment: List of Recently Issued NRC Regulatory Issue Summaries

Distribution:

IMNS/ r/f

ML042400005

C=copy N=no copy E=copy w/attachments

• • By fax *See previous concurrence

OFFICE MSIB E Tech Editor MSIB MSIB OGC

NAME AmcIntosh* EKraus via fax** Swastler* Tessig* Streby-nlo*

DATE 8 / 27 / 04 8 / 27 / 04 9 / 21 / 04 9 / 22 / 04 10 / 08 / 04

OFFICE OE NRR NRR NRR IMNS

NAME SMerchant-email TQuay* PMadden* AMarkley* CMiller

DATE 10 / 8 / 04 11/ 17 /04 11/ 12 /04 11/ 17 /04 11/23/ 04

OFFICIAL RECORD COPY

Attachment

RIS 2004-17

Page 1 of 1

LIST OF RECENTLY ISSUED

NRC REGULATORY ISSUE SUMMARIES

_____________________________________________________________________________________

Regulatory Issue Date of

Summary No. Subject Issuance Issued to

_____________________________________________________________________________________

2004-16 Use of Later Editions and 10/19/2004 All holders of operating licenses

Addenda to ASME Code for nuclear power reactors, except

Section XI For those who have permanently

Repair/Replacement Activities ceased operations and have

certified that fuel has been

permanently removed from the

reactor vessel.

2004-15 Emergency Preparedness Issues: 10/18/2004 All holders of operating licenses

Post 9/11 for nuclear power reactors, except

those who have permanently

ceased operations and have

certified that fuel has been

permanently removed from the

reactor vessel.

2004-14 Focusing Resources in the Office 09/20/2004 All holders of operating licenses

of Nuclear Reactor Regulation as for nuclear power reactors, except

a Result of Review of Security those who have permanently

Plan Changes ceased operations and have

certified that fuel has been

permanently removed from the

reactor vessel.

2004-13 Consideration of Sheltering in 08/02/2004 All holders of operating licenses

Licensees Range of Protective for nuclear power reactors, except

Action Recommendations those who have permanently

ceased operations and have

certified that fuel has been

permanently removed from the

reactor vessel.

______________________________________________________________________________________

OL = Operating License

CP = Construction Permit

Note: NRC generic communications may be received in electronic format shortly after they are

issued by subscribing to the NRC listserver as follows:

To subscribe send an e-mail to <listproc@nrc.gov >, no subject, and the following

command in the message portion:

subscribe gc-nrr firstname lastname

______________________________________________________________________________________

OL = Operating License

CP = Construction Permit