RIS 2006-25, Requirements for the Distribution and Possession of Tritium Exit Signs and the Requirements in 10 CFR 31.5 Ad 32.51a

Requirements for the Distribution and Possession of Tritium Exit Signs and the Requirements in 10 CFR 31.5 Ad 32.51a

ML062770363
Person / Time
Issue date:	12/07/2006
From:	Schlueter J NRC/FSME/DMSSA
To:
References
RIS-06-025
Download: ML062770363 (7)

UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF FEDERAL AND STATE MATERIALS

AND ENVIRONMENTAL MANAGEMENT PROGRAMS

WASHINGTON, DC 20555-0001 December 07, 2006 NRC REGULATORY ISSUE SUMMARY 2006-25 REQUIREMENTS FOR THE DISTRIBUTION AND POSSESSION OF

TRITIUM EXIT SIGNS AND THE REQUIREMENTS IN 10 CFR 31.5 AND 32.51a

ADDRESSEES

All U.S. Nuclear Regulatory Commission (NRC) licensees distributing tritium exit signs and those possessing a tritium exit sign under a general license.

INTENT

NRC is issuing this regulatory issue summary (RIS) to reiterate the requirements in

10 CFR 32.51a that distributors of tritium exit signs must follow when transferring them to general licensees. In addition, this RIS is intended to reiterate the requirements in 10 CFR 31.5 for general licensees regarding transfer and disposal of the tritium exit signs. It is NRCs intent that this will minimize the chances that tritium exit signs will be disposed of incorrectly and be disposed of in the nations landfills or be sold on eBay or in other venues such as flea markets.

This RIS does not transmit any new requirements or new staff positions.

BACKGROUND

The Commonwealth of Pennsylvania and the State of New Jersey have expressed their concerns to NRC about the possible improper disposal of tritium exit signs. Their concerns are based on a report, issued by the Pennsylvania Department of Environmental Protection, regarding increased levels of tritium found in leachate in Pennsylvania landfills. The report concludes that the increased levels of tritium are attributable to the improper disposal of tritium exit signs. For this reason, the reporting requirements for the distribution and possession of generally licensed tritium exit signs in 10 CFR 31.5 and 32.51a are being reiterated.

SUMMARY OF ISSUE

For the purposes of this RIS, the following terms are defined:

Specific Licensee is an individual or entity that is authorized to manufacture and/or distribute tritium exit signs. It also refers to an individual or entity that possesses a license issued by NRC or an Agreement State, that authorizes them to possess byproduct materials; and General Licensee is used to describe an individual or entity that possesses a generally licensed device, such as a tritium exit sign. Although the general licensee does not need specific approval from NRC, the general licensee is responsible for understanding and following the applicable NRC regulations (i.e., 10 CFR Part 31). General licensees are also subject to NRC inspection and enforcement activities, including issuance of civil penalties.

NRC regulations in 10 CFR 32.51a(a) require that each specific licensee who transfers a generally licensed device provide the following information to the general licensee receiving the device: (1) a copy of the applicable portions of the general license contained in 10 CFR 31.5;

(2) copies of 10 CFR 31.2, 30.51, 20.2201, and 20.2202; (3) a list of services that may only be performed by the specific licensee; (4) information on acceptable disposal options for the device and the estimated cost for disposal; and (5) an indication that NRCs policy is to issue high civil enforcement penalties for improper disposal of devices. Furthermore, 10 CFR 32.51a(a)

requires the specific licensee to provide this information before the device is transferred.

The relevant portions of the general license contained in 10 CFR 31.5(c)(8)(i) include requirements that general licensees must follow regarding the transfer or disposal of generally licensed devices, including tritium exit signs, that contain byproduct material.

In order for a general licensee to dispose of a device properly (i.e., when the device is no longer useful), the general licensee must transfer the generally licensed device to a specific licensee.

Examples of specific licensees that would typically receive tritium exit signs when they are no longer useful include the manufacturer, distributor, licensed radioactive waste brokers, and licensed low level waste disposal facilities. These licensees often charge fees to receive such material, so possessors of tritium exit signs are advised to contact specific licensees and explore disposal options. Transfer to a specific licensee is the only authorized disposal method for generally licensed tritium exit signs. The requirements for transferring a generally licensed device to a specific licensee are found in 10 CFR 31.5(c)(8)(ii) and state that a general licensee:

Shall, within 30 days after the transfer of a device to a specific licensee or export, furnish a report to the:

Director, Office of Nuclear Material Safety and Safeguards1 ATTN: GLTS

U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 using an appropriate method listed in 10 CFR 30.6(a) of this chapter. The report must contain -

(A) The identification of the device by manufacturers (or initial transferors) name, model number, and serial number;

1 The Office of Nuclear Material Safety and Safeguards was reorganized on October 1, 2006. The Office of Federal and State Materials and Environmental Management Programs is now responsible for the tracking of generally licensed devices. However, until the affected regulations in the Code of Federal Regulations are amended, please continue to use the address above when corresponding with the NRC. (B) The name, address, and license number of the person receiving the device (license number not applicable if exported); and (C) The date of the transfer.

In addition, general licensees are also required, by 10 CFR 31.5(c)(12), to appoint an individual responsible for having knowledge of the appropriate regulations and requirements and the authority for taking required actions to comply with appropriate regulations and requirements.

General licensees intending to transfer and dispose of tritium exit signs must comply with these requirements.

If you believe that you have received this RIS in error, please notify NRC in writing at:

Director, Office of Nuclear Material Safety and Safeguards ATTN: GLTS

U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

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.

CONGRESSIONAL REVIEW ACT

NRC has determined that this action is not subject to the Congressional Review Act.

PAPERWORK REDUCTION ACT STATEMENT

This RIS does not contain any new or amended information collection requirements. These information collections were approved by the Office of Management and Budget (OMB),

approval numbers 3150-0016 and 3150-0001, which expire August 31, 2008.

PUBLIC PROTECTION NOTIFICATION

The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a currently valid OMB control number.

CONTACT

Please direct any questions about this matter to the technical contact or the appropriate regional office.

/RA/

Janet R. Schlueter, Director Division of Materials Safety and State Agreements Office of Federal and State Materials and Environmental Management Programs

Technical Contact:

Ujagar Bhachu, FSME

301-415-7894 E-mail: usb@nrc.gov Enclosure: List of Recently Issued NMSS

Generic Communications

CONTACT

Please direct any questions about this matter to the technical contact or the appropriate regional office.

/RA/

Janet R. Schlueter, Director Division of Materials Safety and State Agreements Office of Federal and State Materials and Environmental Management Programs

Technical Contact:

Ujagar Bhachu, FSME

301-415-7894 E-mail: usb@nrc.gov Enclosure: List of Recently Issued NMSS

Generic Communications DISTRIBUTION:

DMSSA r/f FSME r/f ML062770363 OFFICE SSSB SSSB MSEA TECH ED OIS OGC-CRA OGC

NAME THerrera THarris AMcIntosh EKraus BSt.Mary JAdler FCameron DATE 10/05/06 10/05/06 10/12/06 10/09/06 10/25/06 10/26/06 11/13/06 OFFICE DDMSSA DMSSA

NAME S.Moore JSchlueter DATE 11/30/06 12/05/06 OFFICIAL RECORD COPY Recently Issued NMSS Generic Communications Date GC No. Subject

Addressees

09/14/06 RIS-06-19 Availability of Guidance on Radioactive All NRC medical licensees.

Seed Localization

08/31/06 RIS-06-18 Requesting Exemption from the Public All NRC medical licensees.

Dose Limits for Certain Caregivers of Hospital Patients

07/20/06 RIS-06-11 Requesting Quality Assurance Program All 10 CFR Part 71 quality assurance program and Approval Renewals Online by Electronic certificate holders.

Information Exchange

04/23/06 RIS-06-10 Use of Concentration Control for Criticality All licensees authorized to possess a critical mass Safety of special nuclear material.

01/26/06 RIS-02-15, Rev. NRC Approval of Commercial Data All authorized recipients and holders of sensitive

1 Encryption Products For the Electronic unclassified safeguards information (SGI).

Transmission Of Safeguards Information

01/24/06 RIS-06-01 Expiration Date for NRC-Approved Spent The U.S. Nuclear Regulatory Commission (NRC)

Fuel Transportation Routes licensees who transport, or deliver to a carrier for transport, irradiated reactor fuel (spent nuclear fuel (SNF)).

01/13/06 RIS-05-27, Rev. NRC Timeliness Goals, Prioritization of All 10 CFR Parts 71 and 72 licensees and

1 Incoming License Applications and certificate holders.

Voluntary Submittal of Schedule for Future Actions for NRC Review

07/10/06 IN-06-13 Ground-Water Contamination Due to All holders of operating licenses for nuclear Undetected Leakage of Radioactive power and research and test reactors Water including those who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor and those authorized by Title 10 of the Code of Federal Regulations (10 CFR) Part 72 licenses to store spent fuel in water-filled structures.

07/06/06 IN-06-12 All materials licensees.

Exercising Due Diligence When Transferring Radioactive Materials

06/12/06 IN-06-11 Applicability of Patient Intervention in All medical licensees.

Determining Medical Events for Gamma Stereotactic Radiosurgery and Other Therapy Procedures

03/31/06 IN-06-07 Inappropriate Use of a Single-parameter All licensees authorized to possess a critical mass Limit as a Nuclear Criticality Safety Limit of special nuclear material.

03/21/06 IN-02-23, Supl. 1 Unauthorized Administration of Byproduct All medical licensees.

Material for Medical Use Date GC No. Subject

Addressees

01/19/06 IN-06-02 Use of Galvanized Supports and Cable All holders of operating licenses for nuclear Trays with Meggitt Si 2400 Stainless- reactors except those who have permanently Steel-jacketed Electrical Cables ceased operations and have certified that fuel has been permanently removed from the reactor vessel; and fuel cycle licensees and certificate holders.

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