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 ML062770363

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.

RIS 2006-25 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;

RIS 2006-25 (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.

RIS 2006-25

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

RIS 2006-25

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 Seed Localization All NRC medical licensees.

08/31/06 RIS-06-18 Requesting Exemption from the Public Dose Limits for Certain Caregivers of Hospital Patients All NRC medical licensees.

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

04/23/06 RIS-06-10

Use of Concentration Control for Criticality Safety All licensees authorized to possess a critical mass of special nuclear material.

01/26/06 RIS-02-15, Rev.

1 NRC Approval of Commercial Data Encryption Products For the Electronic Transmission Of Safeguards Information All authorized recipients and holders of sensitive unclassified safeguards information (SGI).

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

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

01/13/06 RIS-05-27, Rev.

1 NRC Timeliness Goals, Prioritization of Incoming License Applications and Voluntary Submittal of Schedule for Future Actions for NRC Review All 10 CFR Parts 71 and 72 licensees and certificate holders.

07/10/06 IN-06-13 Ground-Water Contamination Due to Undetected Leakage of Radioactive Water All holders of operating licenses for nuclear power and research and test reactors 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 Exercising Due Diligence When Transferring Radioactive Materials All materials licensees.

06/12/06 IN-06-11 Applicability of Patient Intervention in Determining Medical Events for Gamma Stereotactic Radiosurgery and Other Therapy Procedures All medical licensees.

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

03/21/06 IN-02-23, Supl. 1 Unauthorized Administration of Byproduct Material for Medical Use All medical licensees. Date GC No.

Subject

Addressees

01/19/06 IN-06-02 Use of Galvanized Supports and Cable Trays with Meggitt Si 2400 Stainless- Steel-jacketed Electrical Cables All holders of operating licenses for nuclear reactors except those who have permanently 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.