ML20133B478

Forwards Response to Several Questions Raised by a Godwin on Handling of Aircraft Engine Parts Containing nickel-thoria Alloy

ML20133B478
Person / Time
Issue date:	12/20/1996
From:	Lohaus P NRC OFFICE OF STATE PROGRAMS (OSP)
To:	GENERAL, MASSACHUSETTS, COMMONWEALTH OF, OHIO, STATE OF, OKLAHOMA, STATE OF, PENNSYLVANIA, COMMONWEALTH OF
References
SP-96-123, NUDOCS 9701030219
Download: ML20133B478 (3)

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ALL AGREEMENT STATES MASSACHUSETTS, OHIO, OKLAHOMA, PENNSYLVANIA TRANSMITTAL OF STATE AGREEMENTS PROGRAM INFORMAT ON,(SP-96-123)

Your attention is invited to the attached correspondence which contains:,

INCIDENT AND EVENT INFORMATION..............

PROGRAM MANAGEMENT INFORMATION..............

TRAINING COURSE INFORMATION.................

TECHNICAL INFORMATION.......................

OTH ER IN FO R MATION...........................XX Supplementary information:

Enclosed for your information is our response to several questions raised by

)

Mr. Aubrey Godwin, Director of the Arizona Radiation Regulatory Agency on the handling l'

of aircraft engine parts containing nickel-thoria alloy.

If you have any questions regarding this correspondence, please contact me or the individual named below.

POINT OF CONTACT:

Lloyd A. Bolling TELEPHONE:

(301) 415-2327 FAX:

(301) 415-3502 INTERNET:

LAB @NRC. GOV

'OdginalSigned By:

FAUL H. LOHAUS 9701030219 961220 PDR STPRG ESGG Pd R bh DW km Office of State Programs

Enclosure:

As stated Distribution:

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• N* = No copy 0FFICE OSP lC OSP:DD lC OSP:D lC l-l NAME LBolling:gd PHLohaus RLBangart DATE 12/20/96*

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Paul H Lohaus, Deputy Director Office of State Programs

Enclosures:

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NUCLEAR REGULATORY COMMISSION 2

WASHINGTON, D.C. sosedMooi December 20, 1996 ALL AGREEMENT STATES l

MASSACHUSETTS, OHIO, OKLAHOMA, PENNSYLVANIA TRANSMITTAL OF STATE AGREEMENTS PROGRAM INFORMATION (SP-96-123)

Your attention is invited to the attached correspondence which contains:

INCIDENT AND EVENT INFORMATION..............

PROGRAM MANAGEMENT INFORMATION..............

TRAINING COURSE INFORMATION.................

4 TECHNIC AL INFO RMATIO N.......................

i OTH ER I N FO RM ATIO N...........................XX Supplementary information:

Enclosed for your information is our response to several questions raised by Mr. Aubrey Godwin, Director of the Arizona Radiation Regulatory Agency on the handling of aircraft engine parts containing nickel-thoria alloy.

If you have any questions regarding this correspondence, please contact me or the individual named below.

POINT OF CONTACT:

Lloyd A. Bolling TELEPHONE:

(301) 415-2327 FAX:

(301) 415 3502 INTERNET:

LAB @NRC. GOV i

%W QY i

Paul H. Lohaus, Depu Director Office of State Programs

Enclosure:

As stated i

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UNITED STATES g

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NUCLEAR RE2ULATCRY C2MMISSION WASNINGToN, D.C. 30006 4 001 o

December 17, 1996 Aubrey V. Godwin, Director Arizona Radiation Regulatory Agency 4814 South 40th Street Phoenix, Arizona 85040

Dear Mr. Godwin:

I am responding to your e mail questions on the handling of finished aircraft engine parts i

containing nickel-thoria alloy. Your e-mail stated that your investigation of the material indicates that it is exempt pursuant to 10 CFR 40.13 (c)(8). Our response assumes that:

(1) the thorium is dispersed in the nickel alloy in the form of finely divided thoria (thorium dioxide); and (2) the thorium content in the nickel-thoria alloy does not exceed 4 per cent by weight.

A review of the original notice (32 FR 15872) published on November 18,1967 and effective on December 18,1967 regarding this exemption, indicates that there are no restrictions on the receipt, possession, use or transfer of this material (see Enclosure 1);

This exemption remains in effect and includes the receipt of aircraft engines by the rework company, and transfer to the recycler for melting and/or other modifications. As noted, in the document referenced above, an analysis of the potential health hazards showed that it is highly unlikely that the small number of workers carrying out such operations will be exposed to radiation in excess of the limits recommended (at that time) by the International Commission on Radiological Protection for individuals in the general public when averaged over a period of 1 year.

Responses to your specific questions are provided in Enclosure 2.

S'

erely, p')

/

y Wt kiW Paul H. Lohaus, Deputy Director Office of State Programs

Enclosures:

As stated

) &f2$0

PART 40 o STATEMENTS OF CONSIDERATION i.

l tivities indicates a need for a shorter misden conddemd whether this cump-eenlinue tedSendon that gg t eenstruchen license pened.

tion could ultimately result in eestami.

mateMals by thod elmilar

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All interested persons mre lavited te nauen by thorten of materials asse in impurlues does uud *P autelt wHtten commente and sugges-ruction of nuclear reactese, as a over an estended pork i e. the tions for eensideration in connection t of discarded nickel-thods parts Camad==ta 8'

88 8

i with the proposed amendment within 30 being incorporated as scrap in to melt.

sample i

days after publication of the nouco of lag of aHoys contelning nickel. If signift.

for thorhun and other om g If proposed rule making in the PsesmAL eent thonum impurities were to be pres

• thh prke g hows an increas.

j Its*,astsa. After consideration of the ant in materials used in constructing ing thort n such matert&A the J

eamments received and other factors in*

nuclear resetor plants, such importtles regula a

below may be amend.

volved, the Ca-Man has adopted the could result in add'uonal radioactive Be=

ed f u

pmposed amendment. he test of the gon products in the reactor coolant and cont

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i amendment set forth below is identical potenutur in the atmosphere surround-tanned in discar "m*Wt i

with the test of the proposed amend.

Ing the reacter plant and in discharged engine parts from contamina8 8 j

ment pubitshed on December 23,1966 wastes. Among the informauon consid.

Mais used for eenstrum W n since the amendment is intended to cred was the esportmental evidence pro

• seactors I

provide reuet front, rather than to in.

vided by the petitioner on the resnoval of he Cranmlantan wu! also apply if t

pose, restrictions under regulations cur-thoria in alas during metal processing.

determined noeemary, spec 18cauen liaE 4

rently in efect,It wiu become efective The petitioner has reported the results its on the amount of thortum and oth without the customary 30. day nouce, of a laboratory expenment that foDowed smDar materials aDowed as tmee em j

Accordingly, pursuant to the Atomic comunercial obelt practices for scrap and taminants in mahdah used kr om.

f Energy Act of 1964, as amended, ano Susing agent additions. These results strucuon of nuclear m mee um j

the Administrative FreeNiure Act of have shown that essentially SH of the its would difer for d1Serent tamt~

g 194s. as amenaed %e fobowing amend-thorts introduced into stainless steel and nante and for varying reactor uses-3 ment of 10 CFIL s%rt 40 la published as Incomel molting furnaces is esparated i

a docussent subject to codiacation to be with the slag. he petitioner also has to.

The amendment published below dif.

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efective upon publication Jn the Fassant ported the results of a fuu.seale melt of fus fman the proposed rule published gg,,3,,,,~

Mastelloy anoy I to which a large quan.

In the PsosaAL Itscastas (38 FJt. 3043) r uty of nickel thorta scrap was added.

in the fouos'ing respects:

hace moults also have shown that more

1. The esemption has been restricted than 99 percent of the thorts was re.

to thorium contained in any Shished air.

a moved in the slag and the thonum eon.

eraft enstne pa1 containing nickel.

tent in the Snished Martelloy aDoy I thoria allor: Provided That' (a) The i

was substantinny below the limits of thorium is dispersed in the nickel.thoria enneern with respect to reactor son, alloy in the form of Anely divided thoria 32 FR 15872 struction matertal contaminsuon, (thorium dioaldell and (b) the thorium Pubhshed 11/18 6 On the basis of currently avaBable content in the nickel-thoria ahoy does Ef factive 12/1 data, the Comuntsalon has concluded that not esosed 4 percent by welsht.

EsemPtien of Cenein Aircraft Engine the thoria (thorium dioalde) comed by L h mMn is in the fMm of a new I 40.13(c)(8) rather than an this esemption would normany be m.

4 4

Peres Conseining Nisbel Therie Alley mond wie des in adung sted and amendment of I 40.13(c)(4) as proposed.

On August 7,1933, the Atomne hiergy alckel base eBoys, herefore, the Cesa.

No change is being made at this tame in Commisalon published in the Popeast mission sensiders it talikely that carry.

the exemption for thorium in tungsten.

j l

Itsossroa (28 FJL. 3043) a proposed over of thodual during molting of metal thwim and magnostuan-thorium alloys j

amendment of f 40.13(c)(4), le CFIL scrap, generated in the use of nickel.

presently provided in 140.13(c)(4).

Fort 40, which would have esempted thoria aDoys in jet aircraft engine parts,

3. The exemption adopted permits the l

Anished products or parts fahrtested of.

wn!! sentaminate nuclear mactor son, esnduct of activities such as repair of or containing any thorium metal alley struction materials to a level whleh Anished aircraf t engine parts containing in which the thortusa content in the muoy would increase reactor plant radio.

Dickel-thoria alloy. and the handling and l

does not exceed 4 percent by weight. The activity levels. It is nonet'. however, that processing of nickel-thoria scrap by scrap notice of proposed rule making was pub.

the data on removal of thonum in the dealers and processors. An analysis of the i

I Mahed in response to a petition Sled by metal proceaning are directly apphenble potential health hasards shows that it is 1

E. I. du Pont de Nemours and Co., Inc.,

only to thortum dispersed in niskel, highly unlikely that the smaU number of WHmington, Del., requesung an esemp.

thoria aUoys in the form of $nely divided workers carrying out such operations in.

Mon from hornsing requirements for thoria (thodum dioalde) and the esemp.

voldas nickel thoria alloys wul be es.

nickel.thortual aucys sentaining up to tion has been lasnited accordingly, paed to mdiauon or airborne concentra.

4 percent thorium by wel5ht. Interested ens M radioacun snatorial la escess of persons were invited to submit written limits recommended Dy the Anternational comunents or suggesuons for seasiders..

Commission on Radiological Protocuan uon in sormeetion with me proposed for individuals in the general puhuc h

asnandment within 30 days after puhuss.

when smaged om a puted of I year.

tion of the nouse of pmposed rule making i

2 In um resenat mesmeen.

t subeseuent to pianeauon of the pro.

posed esemption for somment, the Com.

• eteens en stuok the % has trans.

' ee eartata sagtuee r

v se'"maneses manerens a,mryse,,a,u,m, e,,st,y,,o,,er g,

puseuant to eastlem 9 aet er sees, as essene9s er the Ateous ameegy g

i ENCLOSURE 1 4

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PART 40 o STATEMENTS OF CONSIDERATION l

i i

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4. Present subparagraph (Il of i 40.18 eral heense for the emport of such 34 FR 19546 (c) has been redesignated subparagraph esoterwelghts.

PubHshed 12/11/60

( l 88h he asaandments would:

Effecuve 12/11/69

s. Revise 8 40.13(cH8H1D to substi-li

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L Present paragraph (d) of I M.33 has gute, for the words " Caution-Madle-yt,c,gion,ous Amandments

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been redesignated paragraph (el and a active adaterial-Uranium" in the exist.

1 new paragraph (d) has been added to hg legend required to be impressed em See Part 20 Statements of Consideration.

i j

i 40.23 to provide a general license for the each esempt sounterweight eentaining esport to spuntries or destinations other urtalum, the words Depleted Uranhun"3

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i than those listed in 1 M 90, Southern

b. Delete the esisting provision la 35 FR 6313 1

Rhodesta and Cuba, of thorium con.

I 40.13(c)(6H111) that the sounterweight Pubbshed 4/18/7b i

tanned in Anished aircraft engine parts plating or other covering must not be re.

Effective 5/18/70 1

containing nickel thoria alloy, provided moved or penetrated:

j that: ta) De thorlum is dispersed in the

e. Add a new I 40.13(c)(6)(111; to re.

On December 10,1988, the Ca==ah I

nickel-thoria alloy in the form of finely quire each esempt counterweight to be bushed 2 the Pseenat Rasursa (34 b

l divided thoria (thorium dioside); and labeled or snarked durably and leetbly

'f 611) preemd andmW k its (b) the thorium content in the nickel-with the identi$ostion of the manufsa.

g g,,,y,g, t

j thoria alloy does not eseeed 4 percent turer, and the statement: Unauthorise

.',10 CFR Phrt et, to esempt from by weig ht.

AHerations Prohibited)

requirements plesoelectric i

he foregoing reylalons reflect further

d. Add a asw i 40.13(c)(6Hiv) stating es sentaining not more than 3 per-Commlaston consideration of the pro.

that the essenption sentained in 140.13 sessety weight source material.

I 4

posed amendment. Inclus;ng additional (e)($) ebau not be doesned to authos'ise All interested persons were invited to s

l Information and data rect,ved after the the ehemical, physical, or metaDurgleal artenit, written e,s,a,gg,ents,an,d,s,ugges.

m notice of proposed rule ma.'ing was pub-treatment or praaaamine of esempt coun.

neg y,

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,g

,,y,,

l lished on August 7,1963.

terweights other than npair or meers.

WwWn l

esty (80) days after pubucation of the l

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ne Commission has foun1that the re-

[3 g"*[

astles la egne Funeast Ras srsa. Atter i

ceipt, possession, use, transfer, and isn-mew i

p*t into the United 8tates of thortusn legend reeutrements in 14013(c) (8),

censideration of the casaments and other twitained in any Anished nietAtt engine 2 heerewd persons were hviled 2 fasters hvolved, the Commission has 1

g part containing nickel thoria hBoy, pur*

submit written gammanta and sug.

admed me W amaets N suant to the esemption in 140.13(c)($1 f seasideration in connection test of the amendments set out below is published below, involve unimportant witn e preposed amosulinent witNn leanucal Ulth the test of the proposed quantitles of source material within the thirty (H) days after pubDeadon of the am"h= ants published Deceinber 10, 1888'e Ca==imian has found that re-meaning of section 83 of the Atomic moece in the Papsnst Rsonersa. No D

j Energy Act of 1964, as amended, which he$t of the amendsnents set selpt, wn, use, trandu, aM W.

ts esting changes were ye.

I are not of slanificance to the common lato the United hates of plesoelec-(ceramic containing not mwe man defense and security, and that such ac.

out below is identical with the test of tiettles can be conducted without un*

the proposed amendment 4 pub 11ahed 3 percent by weight source maternal in-i reasonable hazard to 11fe or property.

My le' 1989' #"*a he Coenmission has also found that the D ""*"

1. f 14013(c)(6) volw unimputant euanes M som esport of thorium in Anlahed aircraft eHminate h pren in m' ezesn tion material within the sheaning of section engine parts. pursuant to the general 11 W wanium in p eighta the the 33 of the Ateenic Energy Act of 1954, as sense in i 40 23 4i published belos, will PI*U"8 " 'I " **

not be romped amended, which are not of sign 1Scance alth h prohibiting to the semmon ddense and swum. aM l

ical to de interests of the

($

leal or snetaHurgica!

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treatment or proconsing of esempt m

he Commission conalders that fin.

counterwelshts, permit the repair or Mgder t provisions of l 160.16(a)(8) t inhed aircraft engine parts containing

+

nickel-thoria alloy are not products in*

restoration of any plating or other cov-of 10 CFR Part 1H, "Esemptions and ering of counterweights, m present Continued Regulatory Authority in l

tended for use by the general publje limitation in the esempuso to counter

• Agreement States Uader Secuon 274."

a within the purview of I16016(a)(g) of weights,on which the plating or cov-1 10 CFR Part 160. "Ezemptions and Con-ering haa not been removed or pene*

the transfer af pamaamasan or control by tinued Regulatory Authortty in Agree-trated as no longer meessaary, since (1) the manufacturer, proceanor, or producer espoetense to date vl* thountado of of pienselectric seramic distributed for ment States Under Section 374". Accord-go, unger the esempuon would be sub-j ingly, the transfer of possession or counterweights in use over the past jact to the Conunission's beensing and l

eontrol of such finlahed straraft engine several years indlestes that present man

• regulatory reeutrossents even if the prod-parts in agreement States ' by the manu*

ufacturtas techniques peoelde adequate uct is saanufactured pursuant to an i

facturer, processor, of producer would protection against esidstlen of uranium.

Agreement State license. By the terms i

not be regulated by the Commission.

and (3) estvities whteh would involve of the esemption. the Comminston would i

Pursuant to the Atomic Energy Act of psocessing of uranium are espreenly pro l

1964, as amended.*and the Administra*

hibited, escept for pecessnee which do" esercise such regulatory authority by esempting. under new $ 40.13(cH3HtD.

j uve Procedure Act of 1946. as amended-not involve espoon hasards signtA*

any person (including a mar.ufacturer, 4

the fo!!owing amendments of 10 CFR eenUy 418erent from those involved in i

Part 40 are published as a document sub-handling an *= damaged sounterweight.

State of piesoelectric ceramic) to the processor, or producer in an Agreement Joct to cod 1Scation, to be effective thirty The Cosnmlaston sonsiders that the pro-estant that such person transfers pie-(30) days after publication in the FsD-visions in the amendsr.ents adequatelF seelectric ceramte containtsw not more 5

saat Recaeres.

control the low radiation esposures that than 3 percent by weight source material.

j anny result from discarded counter

• j weights.

Fursuant to the Atomic Energy Act of 1964, as amended, ar d secuons 653 and d

34 FR 14067 Smce the following amendmenta g43 of uue 6 of the United States Code, a

Pubhshed 9/5/69 relieve freen, rather than impose the fonowing amandments'to Title 10.

Effectwe 9/5/69 restricuans under regulauona cur

• Chapter I, Code of pbderal Regulations, Uronium Contoined in rently in spect, they will become eSec*

tive without the customary 30-day nouce.

Part 40 are puhughed as a document sub-Jact to eodtScauon esecuve thirty (30)

CounterweigMs Accordingly, pursuant to the AtorrJe days after pubucation in the Fssaast On July 18,1988. the Commtanton pub.

Ene of Roeserra.

Siebed in the Fasemat Rsemna m m g

13107) proposed amendments to its res-United States Code, the fouowing unatten "Yaamasing of source Material.

amendments to Tiue 10. Chapter I.

le CPR Part 40, pertaining to the esernp-Code of poderal Regulations. Part 60 35 FR 12195 tien from lleensing req N ag are pubilahed as a document subject to Put*shed 7/30/70 uranium sentained in sounterweishta codiacataan eSective upon publication in Effective 8/29/70 lastaDed in aircraft, rocheta, projecttles, e Fsosaat Racuna.

and mamelles. er stored or handled in mannaeuen with installation or removal of such sounterweights, and the gen-

l 4

Response To Questions On Nickel-Thoria Alloy l

1.

Can the aircraft reworking company remove the parts from an aircraft engine and then sell it to a recycler?

Answer - Yes, this activity is authorized under the current regulation, 10CFRPart40,Section40.13(c)(8).

2.

Can the recycler melt or otherwise modify the engine part?

Answer - Yes, this activity is also authorized under the current regulation, 10 CFR Part 40, Section 40.13(c)(8).

3.

Has an assessment been made of the public exposure if these parts are melted and their products enter the public steel supply?

Answer - We are not aware of any studies which specifically address public exposure to nicks 1-thoria alloy which has been melted and incorporated into products entering the public steel supply.

j 4.

If an enforcement action should be taken, should it be against the aircraft reworker, the scrap yard, or who ever melts the parts? Should we establish a program to d*tect any possible diversion to melting 2

companies?

Answer - Given the information you have provided, we are not aware of l

any basis for enforcement action. Thare are no requirements which dictate that you establish a program to detect the transfer of material i

containing nickel-thoria alloy to metal reiting companies.

i i

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)

I ENCLOSURE 2 i

r i

i

l l

I From:

MR AUBREY V GODWIN <GDWA23A@ prodigy.com>

To:

WND1.WNP9(phl) l Date:

8/6/96 4:11pm

Subject:

Prior message relating to 10CFR40.13 Our investigation indicates that the material discovered at Emco Recycling is exempt pursuant to 40.13(c)(8). Sinco the material can from an aircraft reworking company, and the material was sold to a metal recycler, several questions arrise regarding these materials and our enforcement policies:

1. Can the aircraft reworking company remove the parts from an aircraft engine and then sellit to a recycler?

2. Can the recycler melt or otherwise modify the engine part?

3. Has an assessment been made of the public exposure if these parts are melted and their products enter the public steel supply?

4. If an enforcement action should be taken, should it be against the aircraft reworker, the scrape yard, or who ever melts the parts? Should we establish a program to detect any possible diversion to melting companies?

l Thank you l

l Aubrey CC:

WND1.WNP9(lab),WCD1.WCP1(jwh3)

I l

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