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: Difference between revisions

From kanterella
Jump to navigation Jump to search
(Created page by program invented by StriderTol)
(Created page by program invented by StriderTol)
 
Line 15: Line 15:
| revision = 1
| revision = 1
}}
}}
{{#Wiki_filter:UNITED STATESNUCLEAR REGULATORY COMMISSIONOFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDSWASHINGTON, D.C. 20555September 27, 2005NRC REGULATORY ISSUE SUMMARY 2004-17, REVISION 1REVISED DECAY-IN-STORAGE PROVISIONS FOR THE STORAGE OFRADIOACTIVE WASTE CONTAINING BYPRODUCT MATERIAL
{{#Wiki_filter: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==
==ADDRESSEES==
Line 21: Line 25:


==INTENT==
==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 informationfor applicability to their programs. No specific action nor written response is required.
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==
==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 ratesof 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 theirnon-medical radioactive waste in a manner similar with the performance-based requirements in Section 35.92.ML052720099  
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.
1 The License Condition 140 stipulation that decay-in-storage waste be held for 10 half-lives willbe deleted.  Instead, this waste must be held until the exposure rate is indistinguishable frombackground radiation exposure.  This approach is in keeping with the  performance-based intent ofSection 35.92.
 
ML052720099


RIS 2004-17, Rev. 1  
RIS 2004-17, Rev. 1  


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


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 35.92provision of allowing the holding of waste with half-lives "less than 120 days," instead of wastewith 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 regulatedunder Part 39), although the decay-in-storage provisions also apply to them. As noted in the
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==
==Addressees==
" section, these licensees are included in this RIS.This revision to RIS-2004-17, "Revised Decay-in-Storage Provisions for the Storage ofRadioactive Waste Containing Byproduct Material," informs addressees that the standardLicense Conditions 140 and 142 will retain the existing half-life criterion of "less t han or equal to 120 days" for radioactive waste generated from non-medical use by all licensees, includingPart 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 forbyproduct material with half-lives "less than 120 days."In addition to meeting the half-life requirement, waste to be processed as decay-in-storagewaste must meet the following conditions:*The waste must be held in storage until the radiation exposure rate cannot bedistinguished from background radiation levels;  
section, these licensees are included in this RIS.
1*The waste must be monitored at the container's surface and with no interposedshielding; *The waste must be monitored with an appropriate radiation-detection instrument set atits most sensitive scale;
 
2 An exception to this requirement is labels on materials that are within containers and that willbe managed as biomedical waste after release from the licensee.   RIS 2004-17, Rev. 1 *The licensee must obliterate or remove all radiation labels prior to disposal  
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.
2; and*Records of the disposal are maintained.
 
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.


10 CFR 35.92 AmendmentNRC staff is aware that 35.92 requires revision to allow decay-in-storage provisions for medicalwaste with half-lives less than or equal to 120 days. (The current rule addresses a decayperiod of less than 120 days.)  Staff is evaluating mechanisms to resolve this issue.Detecting Low-Energy Beta Emitting IsotopesLow levels of some beta emitters, such as sulfur-35, are difficult to detect.  Therefore, to assurethat 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 AboutMaterials 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
Power reactors generate a mix of byproduct materials with a wide range of half-lives. Because
1556/.Process for Amending Licenses for Decay-in-StorageAll new licenses granted under Part 35, listing byproduct material with half-lives less than 120days, will be issued with the authority to process radioactive waste in accordance with thedecay-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.  Allexisting 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.
        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.


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 LicenseesThe 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.
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.


Power reactors generate a mix of byproduct materials with a wide range of half-lives.  Because RIS 2004-17, Rev. 1 of these mixtures, a power reactor licensee would have to separate out the short half-lifematerials 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 awide 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.
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===
===FEDERAL REGISTER NOTIFICATION===
A notice of opportunity for public comment on this RIS was not published in the FederalRegister because this RIS is informational, and does not represent a departure from currentregulatory requirements.SMALL BUSINESS REGULATORY ENFORCEMENT FAIRNESS ACTNRC has determined that this action is not subject to the Small Business RegulatoryEnforcement Fairness Act of 1996.
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==
==RELATED GENERIC COMMUNICATIONS==
The generic communication previously released on this subject, on November 23, 2004, is RIS2004-17, "Revised Decay-in-Storage Provisions for the Storage of Radioactive Waste Containing Byproduct Material."
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===
===PAPERWORK REDUCTION ACT STATEMENT===
This RIS does not contain information collections and, therefore, is not subject to therequirements 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 thisRIS, please contact 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 NMSS Generic Communications"
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.).
  RIS 2004-17, Rev. 1 of these mixtures, a power reactor licensee would have to separate out the short half-lifematerials from the long half-life materials. This generally is neither easy nor cost-effective.
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.
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===
===FEDERAL REGISTER NOTIFICATION===
A notice of opportunity for public comment on this RIS was not published in the FederalRegister because this RIS is informational, and does not represent a departure from currentregulatory requirements.SMALL BUSINESS REGULATORY ENFORCEMENT FAIRNESS ACT
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.
NRC has determined that this action is not subject to the Small Business RegulatoryEnforcement Fairness Act of 1996.
 
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==
==RELATED GENERIC COMMUNICATIONS==
The generic communication previously released on this subject, on November 23, 2004, is RIS2004-17, "Revised Decay-in-Storage Provisions for the Storage of Radioactive Waste Containing Byproduct Material."
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===
===PAPERWORK REDUCTION ACT STATEMENT===
This RIS does not contain information collections and, therefore, is not subject to therequirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.).
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 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 NMSS Generic Communications"OFFICEMSIBTech Editor     MSIB   MSIB      OGCNAME AMcIntosh*EKraus via fax**LChang*   RCorreia* Streby-nlo* DATE     4/14/05     4/17/05     5/16/055/23/05 8/12/05OFFICE        OENRRNRRNRR        IMNSNAMESMerchant*TQuay*       PMadden* AMarkley*       CMiller DATE   5/23/055/23/055/31/055/31/059/27/05OFFICIAL RECORD COPY  
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.
Attachment 1RIS 2004-17, Rev. 1 Recently Issued NMSS Generic CommunicationsDateGC No.Subject
 
/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==
==Addressees==
2/11/05BL-05-01Material Control andAccounting at Reactors and Wet Spent Fuel Storage FacilitiesAll holders of operating licensesfor nuclear power reactors, decommissioning nuclear power reactor sites storing spent fuel in a pool, and wet spent fuel storage sites.8/25/05RIS-05-18Guidance for Establishingand Maintaining a Safety Conscious Work EnvironmentAll licensees, applicants forlicenses, holders of certificates of compliance, and their contractors subject to NRC authority8/10/05RIS-05-16Issuance of NRCManagement Directive 8.17,
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.
"Licensee Complaints Against NRC Employees"All licensees and certificateholders.8/3/05RIS-05-15Reporting Requirements forDamaged Industrial Radiographic EquipmentAll material licensees possessingindustrial radiographic equipment, regulated under 10 CFR Part 34.7/13/05RIS-05-13NRC Incident Response andthe National Response PlanAll licensees and certificateholders.7/11/05RIS-05-12Transportation ofRadioactive Material Quantities of Concern NRC
Threat Advisory and Protective Measures SystemLicensees authorized to possessradioactive material that equals or exceeds the threshold values in the Additional Security Measures (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.7/11/05RIS-05-11Requirements for PowerReactor Licensees in Possession of Devices Subject to the General License Requirements of 10
CFR 31.5All holders of operating licensesfor nuclear power reactors and generally licensed device vendors.


RIS 2004-17, Rev. 1 DateGC No.Subject
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==
==Addressees==
6/10/05 RIS-05-10 Performance-BasedApproach for Associated Equipment in 10 CFR 34.20All industrial radiographylicensees and manufacturers and distributors of industrial radiography equipment.4/18/05RIS-05-06Reporting Requirements forGauges Damaged at Temporary Job SitesAll material licensees possessingportable gauges, regulated under
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.
10 CFR Part 30.4/14/05RIS-05-04Guidance on the Protectionof Unattended Openings that Intersect a Security Boundary or AreaAll holders of operating licensesor construction permits for nuclear power reactors, research and test reactors, decommissioning reactors with fuel on site, Category 1 fuel cyclefacilities, critical mass facilities, uranium conversion facility, independent spent fuel storage installations, gaseous diffusion plants, and certain other material licensees.2/28/05RIS-05-0310 CFR Part 40 Exemptionsfor Uranium Contained in Aircraft Counterweights -
 
Storage and RepairAll persons possessing aircraftcounterweights containing uranium under the exemption in
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.
10 CFR 40.13(c)(5).7/29/05IN-05-22Inadequate Criticality SafetyAnalysis of Ventilation Systems at Fuel Cycle FacilitiesAll licensees authorized topossess a critical mass of special nuclear material.6/23/05IN-05-17Manual BrachytherapySource JammingAll medical licensees authorizedto possess a Mick applicator.5/17/05IN-05-13Potential Non-conservativeError in Modeling Geometric Regions in the Keno-v.a Criticality CodeAll licensees using the Keno-V.acriticality code module in Standardized Computer Analyses for Licensing Evaluation (SCALE)
software developed by Oak Ridge National Laboratory (ORNL)5/17/05IN-05-12Excessively Large CriticalitySafety Limits Fail to Provide Double Contingency at Fuel Cycle FacilityAll licensees authorized topossess a critical mass of special nuclear material.


RIS 2004-17, Rev. 1 DateGC No.Subject
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==
==Addressees==
4/7/05IN-05-10Changes to 10 CFR Part 71PackagesAll 10 CFR Part 71 licensees andcertificate holders.4/1/05IN-05-07Results of HEMYC ElectricalRaceway Fire Barrier System Full Scale Fire TestingAll 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, and fuel facilities licensees.3/10/05IN-05-05Improving Material Controland Accountability Interfacewith Criticality Safety Activities at Fuel Cycle FacilitiesAll licensees authorized topossess a critical mass of special nuclear material.Note: NRC generic communications may be found on the NRC public website athttp://www.nrc.gov, under Electronic Reading Room/Document Collections.
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.
}}
}}


{{RIS-Nav}}
{{RIS-Nav}}

Latest revision as of 23:57, 23 November 2019

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:
Download: ML052720099 (8)
v • d • e


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.


Retrieved from "https://kanterella.com/w/index.php?title=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&oldid=2198095"