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

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:	Miller C L NRC/NMSS/IMNS
To:
McIntosh A
References
RIS-04-017, Rev 1
Preceding documents:	ML042400005 (23 November 2004)
Download: ML052720099 (8)

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

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 day Revision 1 supersedes RIS 2004-17 in its entiret It is expected that recipients will review this informationfor applicability to their program 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 effectiv 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 disposa 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 level Currently, many medical licensees have a license condition requiring them to hold non-medical radioactive waste for decay a minimum of 10 half-live This condition imposes a more restrictive requirement on decay-in-storage for non-medical wastes containing radioactive material, than for medical wastes containing radioactive materia 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 1 The License Condition 140 stipulation that decay-in-storage waste be held for 10 half-lives willbe delete Instead, this waste must be held until the exposure rate is indistinguishable frombackground radiation exposur This approach is in keeping with the performance-based intent ofSection 35.9 RIS 2004-17, Rev. 1

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-storag 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 licensee 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 the As noted in the

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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 than or equalto 120 days" for radioactive waste generated from non-medical use by all licensees, includingPart 35 licensee 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; 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 license 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 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 day (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 detec 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 are For example, areas such as radioactive waste areas and hot labs should be avoide 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 calibrate 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/sr1556/.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 35.9 All new licenses granted under Parts 30, 32, 33, and 39,will be issued with authority to process radioactive waste consistent with this revisio 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 firs 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 the Power reactors generate a mix of byproduct materials with a wide range of half-live 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 material 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-live 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 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.

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."

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 respons 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.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-lifematerials from the long half-life material This generally is neither easy nor cost-effectiv 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-live 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 FederalRegister because this RIS is informational, and does not represent a departure from currentregulatory requirements.SMALL BUSINESS REGULATORY ENFORCEMENT FAIRNESS ACT NRC has determined that this action is not subject to the Small Business RegulatoryEnforcement Fairness Act of 1996.

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."

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 respons 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.gov

Attachment:

"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 Attachment 1RIS 2004-17, Rev. 1 Recently Issued NMSS Generic CommunicationsDateGC No.Subject

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,

"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 vendor RIS 2004-17, Rev. 1 DateGC No.Subject

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 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 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 materia RIS 2004-17, Rev. 1 DateGC No.Subject

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.