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 STATESNUCLEAR REGULATORY COMMISSIONOFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDSWASHINGTON, D.C. 20555November 23, 2004NRC REGULATORY ISSUE SUMMARY 2004-17:REVISED DECAY-IN-STORAGE PROVISIONS FOR THE STORAGE OFRADIOACTIVE WASTE CONTAINING BYPRODUCT MATERIALADDRESSEESAll 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 ByproductMaterial," 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 thebackground 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

1 An exception to this requirement is labels on materials that are within containers andthat will be managed as biomedical waste after release from the licensee. RIS 2004-17Page 2 of 3SUMMARY OF ISSUE

The NRC staff reviewed the amendment requests and agrees that this non-medical, byproductmaterial 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 holdingperiod prior to disposal. The staff has revised the standard license condition to incorporate the following requirements ofSection 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 distinguishedfrom background radiation levels;*The waste must be monitored at the container's surface and with no interposed shielding;

• The waste must be monitored with an appropriate radiation detection instrument set at itsmost sensitive scale; *The licensee must obliterate or remove all radiation labels

1; and*Records of the disposal are maintained.Low levels of some beta emitters, such as sulfur-35, are difficult to detect. Therefore, to assurethat the requirement that waste is held in storage until the radiation exposure rate cannot bedistinguished 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 athttp://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr

1556/.All new licenses granted under 10 CFR Parts 30, 32, and 33, listing byproduct material withhalf-lives less than 120 days, will be issued with the authority to process waste in accordancewith the new decay-in-storage provision. All existing 10 CFR Part 30, 32, and 33 licenses

willbe 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 beapplicable 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

RIS 2004-17Page 3 of 3research and test reactors (RTRs) also generate mixed byproduct materials with a wide rangeof 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, DirectorDivision of Industrial and

Medical Nuclear Safety

Office of Nuclear Material Safety

and SafeguardsTechnical contacts:Angela R. McIntosh, NMSSPamela J. Henderson, R-I(301) 415-5030(610) 337-6952

E-mail: arm@nrc.govE-mail: pjh1@nrc.govAttachment: List of Recently Issued

NRC Regulatory Issue Summaries

RIS 2004-17Page 3 of 3research and test reactors (RTRs) also generate mixed byproduct materials with a wide rangeof 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, DirectorDivision of Industrial and

Medical Nuclear Safety

Office of Nuclear Material Safety

and SafeguardsTechnical contacts:Angela R. McIntosh, NMSSPamela J. Henderson, R-I(301) 415-5030(610) 337-6952

E-mail: arm@nrc.govE-mail: pjh1@nrc.govAttachment: List of Recently Issued

NRC Regulatory Issue SummariesDistribution

IMNS/ r/fML042400005C=copy N=no copy E=copy w/attachments**By fax*See previous concurrenceOFFICEMSIBETech Editor MSIB MSIB OGCNAME AmcIntosh*EKraus via fax**Swastler* Tessig* Streby-nlo*DATE 8 / 27 / 04 8 / 27 / 04 9 / 21 / 049 / 22 / 04 10 / 08 / 04 OFFICE OENRRNRRNRR IMNSNAMESMerchant-emailTQuay* PMadden*AMarkley* CMillerDATE 10 / 8 / 04 11/ 17 /0411/ 12 /04 11/ 17 /04 11/23/ 04OFFICIAL RECORD COPY

______________________________________________________________________________________OL = Operating License

CP = Construction PermitAttachmentRIS 2004-17

Page 1 of 1LIST OF RECENTLY ISSUEDNRC REGULATORY ISSUE SUMMARIES

_____________________________________________________________________________________Regulatory Issue Date of

Summary No. Subject IssuanceIssued to

_____________________________________________________________________________________2004-16Use of Later Editions andAddenda to ASME Code

Section XI For

Repair/Replacement Activities10/19/2004All holders of operating licensesfor nuclear power reactors, except

those who have permanently

ceased operations and have

certified that fuel has been

permanently removed from the

reactor vessel.2004-15Emergency Preparedness Issues:Post 9/1110/18/2004All holders of operating licensesfor nuclear power reactors, except

those who have permanently

ceased operations and have

certified that fuel has been

permanently removed from the

reactor vessel.2004-14Focusing Resources in the Officeof Nuclear Reactor Regulation as

a Result of Review of Security

Plan Changes09/20/2004All holders of operating licensesfor nuclear power reactors, except

those who have permanently

ceased operations and have

certified that fuel has been

permanently removed from the

reactor vessel.2004-13Consideration of Sheltering inLicensee's Range of Protective

Action Recommendations08/02/2004All holders of operating licensesfor nuclear power reactors, except

those who have permanently

ceased operations and have

certified that fuel has been

permanently removed from the

reactor vessel.

______________________________________________________________________________________OL = Operating License

CP = Construction PermitNote:NRC generic communications may be received in electronic format shortly after they areissued by subscribing to the NRC listserver as follows:To subscribe send an e-mail to <listproc@nrc.gov >, no subject, and the followingcommand in the message portion:subscribe gc-nrr firstname lastname