RIS 2004-17, NRC Regulatory Issue Summary (RIS) 2004-17, Revision 1, Decay-In-Storage Provisions for the Storage of Radioactive Waste Containing Byproduct Material

NRC Regulatory Issue Summary (RIS) 2004-17, Revision 1, Decay-In-Storage Provisions for the Storage of Radioactive Waste Containing Byproduct Material

ML052720099
Person / Time
Issue date:	09/27/2005
Revision:	1
From:	Chris Miller NRC/NMSS/IMNS
To:
McIntosh A
References
RIS-04-017, Rev 1
Preceding documents:	ML042400005 (23 November 2004)
Download: ML052720099 (8)

UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS

WASHINGTON, D.C. 20555 September 27, 2005 NRC REGULATORY ISSUE SUMMARY 2004-17, REVISION 1 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, 35, 39, and 50.

INTENT

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

to inform all addressees of requirements applicable to decay-in-storage of radioactive waste containing radioactive material with half-lives of less than or equal to 120 days. Revision 1 supersedes RIS 2004-17 in its entirety. It is expected that recipients will review this information for applicability to their programs. No specific action nor written response is required.

BACKGROUND

On October 24, 2002, the revised regulations in Part 35, Medical Use of Byproduct Material, became effective. Revised 10 CFR 35.92, Decay-in-storage, included a significant change in eliminating the requirement to hold radioactive waste for a period of 10 half lives before disposal. The regulation as revised is more risk-informed and performance based and does not require or specify a holding period before disposal of medical radioactive waste, provided that certain conditions are met and that the final radiation survey determines that the exposure rates of the waste cannot be distinguished from the background radiation levels. Currently, many medical licensees have a license condition requiring them to hold non-medical radioactive waste for decay a minimum of 10 half-lives. This condition imposes a more restrictive requirement on decay-in-storage for non-medical wastes containing radioactive material, than for medical wastes containing radioactive material. As a result, several medical licensees have requested that their licenses be amended to allow the decay-in-storage and processing of their non-medical radioactive waste in a manner similar with the performance-based requirements in Section 35.92.

ML052720099

RIS 2004-17, Rev. 1

SUMMARY OF ISSUE

There are two standard license conditions (License Conditions 140 and 142) in Appendix E of the NUREG 1556, Volume 20, Consolidated Guidance About Materials Licensees - Guidance About Administrative Licensing Procedures, that govern decay-in-storage. License Condition

140 is designed for decay-in-storage of waste by non-medical licensees, while License Condition 142 is designed for decay-in-storage of non-medical waste for medical licensees.

Both License Conditions 140 and 142 allow decay-in-storage for wastes containing radioactive material with half-lives less than or equal to 120 days. However, the revised 10 CFR 35.92, which authorizes decay-in-storage for medical waste, only authorizes decay-in-storage for byproduct material with half-lives less than 120 days.

The original RIS (i.e., RIS 2004-17, dated November 23, 2004) incorporated the 10 CFR 35.92 provision of allowing the holding of waste with half-lives less than 120 days, instead of waste with half-lives less than or equal to 120 days as provided in License Conditions 140 and 142.

In addition, the original RIS did not include well-logging licensees (i.e., licensees regulated under Part 39), although the decay-in-storage provisions also apply to them. As noted in the

Addressees

section, these licensees are included in this RIS.

This revision to RIS-2004-17, Revised Decay-in-Storage Provisions for the Storage of Radioactive Waste Containing Byproduct Material, informs addressees that the standard License Conditions 140 and 142 will retain the existing half-life criterion of less than or equal to 120 days for radioactive waste generated from non-medical use by all licensees, including Part 35 licensees. For radioactive waste generated from medical uses by Part 35 licensees (i.e., medical use licensees), 10 CFR 35.92 will govern in authorizing decay-in-storage only for byproduct material with half-lives less than 120 days.

In addition to meeting the half-life requirement, waste to be processed as decay-in-storage waste must meet the following conditions:

• The waste must be held in storage until the radiation exposure rate cannot be distinguished from background radiation levels; 1

• 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;

1 The License Condition 140 stipulation that decay-in-storage waste be held for 10 half-lives will be deleted. Instead, this waste must be held until the exposure rate is indistinguishable from background radiation exposure. This approach is in keeping with the performance-based intent of Section 35.92.

RIS 2004-17, Rev. 1 * The licensee must obliterate or remove all radiation labels prior to disposal 2; and

• Records of the disposal are maintained.

10 CFR 35.92 Amendment NRC staff is aware that 35.92 requires revision to allow decay-in-storage provisions for medical waste with half-lives less than or equal to 120 days. (The current rule addresses a decay period of less than 120 days.) Staff is evaluating mechanisms to resolve this issue.

Detecting Low-Energy Beta Emitting Isotopes Low levels of some beta emitters, such as sulfur-35, are difficult to detect. Therefore, to assure that the requirement for holding radioactive waste 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. For example, areas such as radioactive waste areas and hot labs should be avoided. Furthermore, to ensure proper release of decay- in-storage byproduct waste, licensees must carefully select the appropriate radiation survey instrument, and must ensure it is properly and currently calibrated. For guidance on selecting the proper radiation-detection equipment and ensuring it is properly and currently 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/.

Process for Amending Licenses for Decay-in-Storage All new licenses granted under Part 35, listing byproduct material with half-lives less than 120

days, will be issued with the authority to process radioactive waste in accordance with the decay-in-storage provision in 35.92. All new licenses granted under Parts 30, 32, 33, and 39, will be issued with authority to process radioactive waste consistent with this revision. All existing similar Parts 30, 32, 33, 35, and 39 licenses will be written to incorporate the decay-in- storage provision at the time of license renewal or amendment, whichever occurs first.

Licensees who desire to use the decay-in-storage provision in the near future must submit an amendment request and receive the amended license before implementation of the less restrictive decay-in-storage provisions.

Decay-in-Storage for Reactor Licensees 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 with a wide range of half-lives. Because

2 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, Rev. 1 of these mixtures, a power reactor licensee would have to separate out the short half-life materials from the long half-life materials. This generally is neither easy nor cost-effective.

Although 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 power reactor and/or RTR

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

FEDERAL REGISTER NOTIFICATION

A notice of opportunity for public comment on this RIS was not published in the Federal Register because this RIS is informational, and does not represent a departure from current regulatory requirements.

SMALL BUSINESS REGULATORY ENFORCEMENT FAIRNESS ACT

NRC has determined that this action is not subject to the Small Business Regulatory Enforcement Fairness Act of 1996.

RELATED GENERIC COMMUNICATIONS

The generic communication previously released on this subject, on November 23, 2004, is RIS 2004-17, Revised Decay-in-Storage Provisions for the Storage of Radioactive Waste Containing Byproduct Material.

PAPERWORK REDUCTION ACT STATEMENT

This RIS does not contain information collections and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.).

This RIS requires no specific action nor written response. If you have any questions about this RIS, please contact 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 NMSS Generic Communications

RIS 2004-17, Rev. 1 of these mixtures, a power reactor licensee would have to separate out the short half-life materials from the long half-life materials. This generally is neither easy nor cost-effective.

Although 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 power reactor and/or RTR

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

FEDERAL REGISTER NOTIFICATION

A notice of opportunity for public comment on this RIS was not published in the Federal Register because this RIS is informational, and does not represent a departure from current regulatory requirements.

SMALL BUSINESS REGULATORY ENFORCEMENT FAIRNESS ACT

NRC has determined that this action is not subject to the Small Business Regulatory Enforcement Fairness Act of 1996.

RELATED GENERIC COMMUNICATIONS

The generic communication previously released on this subject, on November 23, 2004, is RIS 2004-17, Revised Decay-in-Storage Provisions for the Storage of Radioactive Waste Containing Byproduct Material.

PAPERWORK REDUCTION ACT STATEMENT

This RIS does not contain information collections and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.).

This RIS requires no specific action nor written response. If you have any questions about this RIS, please contact 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 NMSS Generic Communications OFFICE MSIB Tech Editor MSIB MSIB OGC

NAME AMcIntosh* EKraus via fax** LChang* RCorreia* Streby-nlo*

DATE 4/14/05 4/17/05 5/16/05 5/23/05 8/12/05 OFFICE OE NRR NRR NRR IMNS

NAME SMerchant* TQuay* PMadden* AMarkley* CMiller DATE 5/23/05 5/23/05 5/31/05 5/31/05 9/27/05 OFFICIAL RECORD COPY

Attachment 1 RIS 2004-17, Rev. 1 Recently Issued NMSS Generic Communications Date GC No. Subject

Addressees

2/11/05 BL-05-01 Material Control and All holders of operating licenses Accounting at Reactors and for nuclear power reactors, Wet Spent Fuel Storage decommissioning nuclear power Facilities reactor sites storing spent fuel in a pool, and wet spent fuel storage sites.

8/25/05 RIS-05-18 Guidance for Establishing All licensees, applicants for and Maintaining a Safety licenses, holders of certificates of Conscious Work compliance, and their contractors Environment subject to NRC authority

8/10/05 RIS-05-16 Issuance of NRC All licensees and certificate Management Directive 8.17, holders.

Licensee Complaints Against NRC Employees

8/3/05 RIS-05-15 Reporting Requirements for All material licensees possessing Damaged Industrial industrial radiographic equipment, Radiographic Equipment regulated under 10 CFR Part 34.

7/13/05 RIS-05-13 NRC Incident Response and All licensees and certificate the National Response Plan holders.

7/11/05 RIS-05-12 Transportation of Licensees authorized to possess Radioactive Material radioactive material that equals or Quantities of Concern NRC exceeds the threshold values in Threat Advisory and the Additional Security Measures Protective Measures System (ASM) for transportation of Radioactive Material Quantities of Concern (RAMQC) under their 10

CFR Part 30, 32, 50, 70, and 71 licenses and Agreement State licensees similarly authorized to possess such material in such quantities under their Agreement State licenses.

7/11/05 RIS-05-11 Requirements for Power All holders of operating licenses Reactor Licensees in for nuclear power reactors and Possession of Devices generally licensed device Subject to the General vendors.

License Requirements of 10

CFR 31.5

RIS 2004-17, Rev. 1 Date GC No. Subject

Addressees

6/10/05 RIS-05-10 Performance-Based All industrial radiography Approach for Associated licensees and manufacturers and Equipment in 10 CFR 34.20 distributors of industrial radiography equipment.

4/18/05 RIS-05-06 Reporting Requirements for All material licensees possessing Gauges Damaged at portable gauges, regulated under Temporary Job Sites 10 CFR Part 30.

4/14/05 RIS-05-04 Guidance on the Protection All holders of operating licenses of Unattended Openings or construction permits for nuclear that Intersect a Security power reactors, Boundary or Area research and test reactors, decommissioning reactors with fuel on site, Category 1 fuel cycle facilities, critical mass facilities, uranium conversion facility, independent spent fuel storage installations, gaseous diffusion plants, and certain other material licensees.

2/28/05 RIS-05-03 10 CFR Part 40 Exemptions All persons possessing aircraft for Uranium Contained in counterweights containing Aircraft Counterweights - uranium under the exemption in Storage and Repair 10 CFR 40.13(c)(5).

7/29/05 IN-05-22 Inadequate Criticality Safety All licensees authorized to Analysis of Ventilation possess a critical mass of special Systems at Fuel Cycle nuclear material.

Facilities

6/23/05 IN-05-17 Manual Brachytherapy All medical licensees authorized Source Jamming to possess a Mick applicator.

5/17/05 IN-05-13 Potential Non-conservative All licensees using the Keno-V.a Error in Modeling Geometric criticality code module in Regions in the Standardized Computer Analyses Keno-v.a Criticality Code for Licensing Evaluation (SCALE)

software developed by Oak Ridge National Laboratory (ORNL)

5/17/05 IN-05-12 Excessively Large Criticality All licensees authorized to Safety Limits Fail to Provide possess a critical mass of special Double Contingency at Fuel nuclear material.

Cycle Facility

RIS 2004-17, Rev. 1 Date GC No. Subject

Addressees

4/7/05 IN-05-10 Changes to 10 CFR Part 71 All 10 CFR Part 71 licensees and Packages certificate holders.

4/1/05 IN-05-07 Results of HEMYC Electrical All holders of operating licenses Raceway Fire Barrier for nuclear power reactors, except System Full Scale Fire those who have Testing permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel, and fuel facilities licensees.

3/10/05 IN-05-05 Improving Material Control All licensees authorized to and Accountability Interface possess a critical mass of special with Criticality Safety nuclear material.

Activities at Fuel Cycle Facilities Note: NRC generic communications may be found on the NRC public website at http://www.nrc.gov, under Electronic Reading Room/Document Collections.