ML20207B342

Requests Ronan Engineering Co Send Copies of GL 99-01, Recent NMSS Decision Concerning Bunding of Exempt Quantities, to Ronan Customers Who Received These Devices Before 990119

ML20207B342
Person / Time
Issue date:	05/17/1999
From:	Camper L NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Cahill B RONAN ENGINEERING CO.
References
GL-99-01, GL-99-1, NUDOCS 9905280208
Download: ML20207B342 (7)

Text

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- NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20565-0001 t

....." May 17, 1999 Ronan Engineering Company Measurements Division ATTN: Bon Cahill General Manager 8050 Production Drive Florence, Kentucky 41042

Dear Mr. Cahill:

In a letter dated June 30,1998, Ronan Engineering Corapany (Ronan) was informed that the Nuclear Regulatory Commission (NRC) position that was transmitted to Ronan in a June 3,1994, letter was inconsistent with NRC regulations. Ronan was advised that it must discontinue its program of advising its customers to combine exempt quantity sources.

However, NRC allowed Ronan to continue to distribute devices requiring multiple exempt quantities of byproduct material until January 18,1999.

The NRC has issued a Generic Letter (GL) titled "Recent NMSS Decision Concerning Bundling of Exempt Quantities (enclosed)." We state in the GL that "At this time, devices, already in use, having multiple exempt quantities of byproduct material, may continue to be used. NRC does i not plan to take any action at this time regarding these devices or users unless a radiological safety hazard is identified. However, because, as explained below, NRC is reviewing this matter, persons possessing such devices should maintain control and account for these devices. To this end, it is good practice to clearly label the devices with radioactive rnaterials l warning labels bearing the standard radiation warning symbol and standard magenta (or purple) t and yellow colors. Additionally, it is preferab!s to not dispose of devices containing multiple j exempt sources through ordinary commercial waste disposal or metal recycling channels l because of the presence of radioactive material. If devices containing sources are no longer l needed, the supplier should be consulted for advice regarding proper disposal options."

NRC believes that those persons possessing devices containing multiple exempt quantity semces should be ir. formed of NRC's recommendations on control, labeling and disposal. We are requesting that Ronan send copies of tne GL to its customers who received these devices ,j before January 19,1999. Please advise us when this action is completed.

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B. Cahill .

Should you have any questions concerning this letter, please contact Anthony Kirkwood, of my staff at (301) 415-6140.

Sincerely, (orig. signed by)

Larry W. Camper, Chief Materials Gafety Branch Division of Industrial and Medical Nuclear Safety Office of Nuclear Materials Safety and Safeguards

Enclosure:

As stated cc: Vicki Jeffs, State of Kentucky DISTRIBUTION: NRc File Room IMNs r/f PDR-YES Region ll/DNMS

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DATE 2/26/98 /99 k,/99

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B. Cahill Should you have any questione concerning this letter, please contact Anthony Kirkwood, of my staff at (301) 415-6140.

Sincerely, ,

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L rry W. Camper, Chief M teria b Safety Branch Division of Industrial and ,

Medical Nuclear Safety Ofiice of Nuclear Materials Safety and Safeguards

Enclosure:

As stated cc: Vicki Jeffs, State of Kentucky

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l UNITED STATES l NUCLEAR REGULATORY COMMISSION L OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS WASHINGTON, D.C. 20555 May 3,1999 NRC GENERIC LETTER 99-01: RECENT NUCLEAR MATERIAL SAFliTV AND SAFEGUARDS DECISION ON BUNDLING EXEMPT QUANTITIES Addressees: All materials licensees.

Puroose:

The U.S. Nuclear Regulatory Commission (NRC) is issuing this generic letter to notify addressees about a recent Office of Nuclear Material Safety and Safeguards deinsion conceming bundling exempt quantities. NRC does not authorize:(a) the bundling of exempt quantities of byproduct material; (b) any program advising persons to combine exempt quantity sources; and (c) the possession and use of bundled exempt sources,in unregistered devices, by persons exempt from licensing. It is expected that recipients will review this information for applicability to their facilities and consider actions, as appropriate. However, no specific action l nor written response is required, piscussion:

The NRC regulations that exempt cny person from the requirements for a license for byproduct materia: are found in 10 CFR 30.18. A person is exempt from licensing requirements to the extent that such a person possesses, uses, transfers, owns, or acquires byproduct material in individuai quan',ities, each of which does not exceed the applicable quantity in 10 CFR 30.71,-

Schedule G (i.e., an " exempt quantity"). A person wishing to commercially distribute or initially transfer products containing byproduct material, such as exempt quantity check sources, to l persons exempt from licensing, must obtain an exempt distribution license from NRC.

To obtain an exempt distribution license from NRC, product information must be submitted as outlined in 10 CFR Part 32 and, specifically, for exempt quantities, as outlined in 10 CFR 32.18, 32.19, and 32.20. In addition, pursuant to 10 CFR 32.18(c), NRC will not approve a license to manufacture, process, prod'.sce, package, repcckage, or transfer quantities of byproduct material to persons exempt, pursuant to 10 CFR 30.18, if the exempt quantities are incorporated into any manuf actured or assembled commodity, product, or device intended for commercial distribution.

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GL 99-01 May 3,1999 Page 2 of 3 f

Several years ago staff became aware of the bundling of a limited number of exempt quantity sources in gauging devices. On June 3,1994, NRC determined that, under certain limited 1 circumstances, bundling of exempt sources did not present a health and safety hazard. l However, recently NRC has received requests for permission to distribute an increased number of bundled sources in similar devices. As a result, NRC became concerned that the individual numbers of exempt sources bundled in such devices would reach some point where a general l or specific license would normally be required. In the case where the bundled exempt sources I remained exempt, NRC would have no mechanism to ensure their safe possession, use, and disposal.

Based upon a thorough reexamination, including discussions with Agreement States to ascertain their perspechves, NRC now has determined that combining any exempt sources is inconsistent with the regulations, pursuant to 10 CFR 30.18,32.18,32.19, and 32.20.

Instructing persons exempt from licensing to combine exempt quantities, and providing devices l

for them to do so,is .n direct conflict with NRC's requirements for labeling of exempt sources. I Section 32.19 specifically instructs persons not to combine exempt quantities, since the exemption provided in 10 CFR 30.18 is applicable only as long as no individual nor discreet quantity of the byproduct materials exceeds the quantity limits specified in 10 CFR 30.71, l Schedule B, and as long as the quantities set out in that schedula are originally received and i remain separate and distinct from other quantities of exempt byproduct materials. The labeling requirements in 10 CFR 32.19, which address shipments to exempt persons, instruct 10 CFR 32.18 licensees to label the "immediate container" with information identifying the radioisotope and the quantity of radioactivity, and in addition to that information, the container

. . . shall also bear the words . . . ' Exempt Quantities Should Not Be Combined.'" Therefore, although the exemption in 10 CFR 30.18 provides for persons without a license to possess and use a wide variety of byproduct materials, and to possess and use specific byproduct materials without restriction as to the total quantity that may be possessed and used at any one time, the regulations do not authorize, but rather discourage, grouping exempt quantities of byproduct material.

At this time, devices already in use, having multiple exempt quantities of byproduct material, c may continue to be used. NRC does not plan to take any action regarding these devices or l users unless a radiological safety hazard is identified. However, persons ; .ssessing such devices should maintain control and account for these devices and the exempt sources contained within them. To this end, it is good practice to clearly label the devices with radioactive materials warning labels bearing the standard radiation waming symbol and standard magenta (or purple) and yellow colors. Additionally, it is preferable to not dispose of devices containing multiple exempt sources through ordinary commercial waste disposal or metal recycling channels because of the presence of bundled radioactive material. If devices containing sources are no longer needed, the supplier should be consulted for advice regarding proper disposal options.

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.* l GL 99-01 May 3,1999 Page 3 of 3 NRC plans to further evaluate the risks associated with these devices. After this evaluation, NRC will consider appropriate weps, including rulemaking, to clarify the regulatory status of these devices and assure the protection of the public health and safety and with consideration of property protection. It is anticipated that the evaluation and rulemaking process, if undertaken, will take 2 to 3 years.

If you have any questions about this matter, please call the technical contact listed below or the appropriate regional office.

l Donald A. Cool, Director Division of Industrial and Mecical Nuclear Safety Office of Nuclear Material Safety 1 and Safeguards I

Contact:

Anthony S. Kirkwood, NMSS (301)415-6140 E-mail: ask@ nrc. gov l

Attachment:

List of Recently issued NRC Generic Letter's.

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' Attachment GL 99-01 May 3,1999 Page 1 of 1

- LIST OF RECENTLY ISSUED GENERIC LETTERS GENERIC DATE OF -

LETTER SUBJECT ' ISSUANCE ISSUED TO I

, 98 01, Supp.1 Year 2000 Readiness of Computer 1/11/99 All holders of operating li Systems at Nuclear Power Plants licenses for nuclear power -

t Plants, except those who have permanently ceased operations and have certified that fuel has been

permanently removed from

[ the reactor vessel.

98-05 Boiling Water Reactor Licensees 11/10/98 All holders of operating l

Use'of the BWRVIP-05 Report licenses (or construction To Request Relief From Augmented permits) for BWRs, except Examination Requirements on Reactor those who have permanently Pressure Vessel Circumferential Shell ceased operations and have Welds certified that fuel has been pe manently removed from the reactor vessel.

98-04 Potential for Degradation of the 07/14/98 All holders of operating

Emergency Core Cooling System licenses for nuclear power And the Containment Spray System -reactors, except those who After a Loss-of-Coolant Accident have permanently ceased Because of Construction and operations and have certified Protective Coating Deficiencies that fue! has been i

and Foreign Material in Containment permanently removed from the reactor vessel.

98-03 NMSS Licensees' and Certificate 06/22/98 Alllicensees or certificate Holders' Year 2000 Readiness holdcrs for uranium Programs he/afluoride production plants, uranium enrichment plants, and uranium fus!

fabrication plants, except those that have permanently ceased operations OP = Operating License CP = Construction Permit NPR = Nuclear Power Reactors l

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