ML042400005
| ML042400005 | |
| Person / Time | |
|---|---|
| Issue date: | 11/23/2004 |
| From: | Miller C L NRC/NMSS/IMNS |
| To: | |
| McIntosh A R, 301-415-5030, NMSS/NRC | |
| References | |
| RIS-04-017 | |
| Download: ML042400005 (6) | |
See also: RIS 2004-17
Text
UNITED STATESNUCLEAR REGULATORY COMMISSIONOFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDSWASHINGTON, D.C. 20555November 23, 2004NRC REGULATORY ISSUE SUMMARY 2004-17:REVISED DECAY-IN-STORAGE PROVISIONS FOR THE STORAGE OFRADIOACTIVE WASTE CONTAINING BYPRODUCT MATERIALADDRESSEESAll licensees regulated under 10 CFR Parts 30, 32, 33, and 50.
INTENT
The U.S. Nuclear Regulatory Commission (NRC) is issuing this regulatory issue summary (RIS)to inform all addressees of changes to the policy for authorizing decay-in-storage requirements
for radioactive waste containing byproduct material with half-lives of less than 120 days. No
specific action or written response is required.BACKGROUND
In October 2002, the revised regulations in 10 CFR Part 35, "Medical Use of ByproductMaterial," became effective. Revised 10 CFR 35.92, "Decay-in-storage," included a significant
change in that the requirement to hold radioactive waste for a period of ten half lives prior to
disposal was eliminated. The revised regulation is more risk-informed and performance based
and does not require a specific holding period prior to disposal of radioactive waste, as long as
a final survey determines that the exposure rates of the waste cannot be distinguished from thebackground radiation levels. Currently, many licensees have license conditions that impose
more restrictive requirements on decay-in-storage of their non-medical waste (e.g., research
and development) than the regulatory requirements for medical waste. As a result, several
licensees have requested that their licenses be amended to allow for the storage and
processing of their non-medical byproduct material waste in accordance with the new, less
restrictive requirements in Part 35.ML042400005
1 An exception to this requirement is labels on materials that are within containers andthat will be managed as biomedical waste after release from the licensee. RIS 2004-17Page 2 of 3SUMMARY OF ISSUE
The NRC staff reviewed the amendment requests and agrees that this non-medical, byproductmaterial waste can be safely stored and processed in accordance with the criteria in Part 35.
As a result, the staff has updated the standard license condition used to authorize decay-in-
storage of waste to permit greater flexibility by eliminating the requirement for a specific holdingperiod prior to disposal. The staff has revised the standard license condition to incorporate the following requirements ofSection 35.92:*The waste must contain radionuclides having a physical half-life of less than 120 days;*The waste must be held in storage until the radiation exposure rate cannot be distinguishedfrom background radiation levels;*The waste must be monitored at the container's surface and with no interposed shielding;
- The waste must be monitored with an appropriate radiation detection instrument set at itsmost sensitive scale; *The licensee must obliterate or remove all radiation labels
1; and*Records of the disposal are maintained.Low levels of some beta emitters, such as sulfur-35, are difficult to detect. Therefore, to assurethat the requirement that waste is held in storage until the radiation exposure rate cannot bedistinguished from background levels is met, licensees should perform surveys for these
materials in a low background radiation area. Furthermore, licensees must carefully select the
appropriate instrument, and must ensure it is properly calibrated. For guidance on selecting the
proper radiation detection equipment and ensuring it is properly 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 athttp://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr
1556/.All new licenses granted under 10 CFR Parts 30, 32, and 33, listing byproduct material withhalf-lives less than 120 days, will be issued with the authority to process waste in accordancewith the new decay-in-storage provision. All existing 10 CFR Part 30, 32, and 33 licenses
willbe written to incorporate the decay-in-storage provision at the time of license renewal or
amendment, whichever occurs first. However, licensees who desire to utilize the new decay-in-storage provisions immediately must promptly submit an amendment request and receive the
amended license prior to implementation.The 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.
Power reactors generate a mix of byproduct materials which have a wide range of half-lives.
Because of these mixtures, a power reactor licensee would have to separate out the short half-
life materials from the long half-life materials. This is generally not cost-effective. Although
RIS 2004-17Page 3 of 3research and test reactors (RTRs) also generate mixed byproduct materials with a wide rangeof half-lives, some RTRs generate byproduct materials that are more distinct and are short
lived. Notwithstanding these considerations, should reactor licensees desire to pursue the
decay-in-storage option, the provisions of this RIS would be applicable to such reactor
licensees.PAPERWORK REDUCTION ACT STATEMENT
This RIS requires no information collection.This RIS requires no specific action nor written response. If you have questions about this RIS,please contact one of 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
NRC Regulatory Issue Summaries
RIS 2004-17Page 3 of 3research and test reactors (RTRs) also generate mixed byproduct materials with a wide rangeof half-lives, some RTRs generate byproduct materials that are more distinct and are short
lived. Notwithstanding these considerations, should reactor licensees desire to pursue the
decay-in-storage option, the provisions of this RIS would be applicable to such reactor
licensees.PAPERWORK REDUCTION ACT STATEMENT
This RIS requires no information collection.This RIS requires no specific action nor written response. If you have questions about this RIS,please contact one of 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
NRC Regulatory Issue SummariesDistribution
- IMNS/ r/fML042400005C=copy N=no copy E=copy w/attachments**By fax*See previous concurrenceOFFICEMSIBETech Editor MSIB MSIB OGCNAME AmcIntosh*EKraus via fax**Swastler* Tessig* Streby-nlo*DATE 8 / 27 / 04 8 / 27 / 04 9 / 21 / 049 / 22 / 04 10 / 08 / 04 OFFICE OENRRNRRNRR IMNSNAMESMerchant-emailTQuay* PMadden*AMarkley* CMillerDATE 10 / 8 / 04 11/ 17 /0411/ 12 /04 11/ 17 /04 11/23/ 04OFFICIAL RECORD COPY
______________________________________________________________________________________OL = Operating License
CP = Construction PermitAttachmentRIS 2004-17
Page 1 of 1LIST OF RECENTLY ISSUEDNRC REGULATORY ISSUE SUMMARIES
_____________________________________________________________________________________Regulatory Issue Date of
Summary No. Subject IssuanceIssued to
_____________________________________________________________________________________2004-16Use of Later Editions andAddenda to ASME Code
Section XI For
Repair/Replacement Activities10/19/2004All 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.2004-15Emergency Preparedness Issues:Post 9/1110/18/2004All 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.2004-14Focusing Resources in the Officeof Nuclear Reactor Regulation as
a Result of Review of Security
Plan Changes09/20/2004All 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.2004-13Consideration of Sheltering inLicensee's Range of Protective
Action Recommendations08/02/2004All 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.
______________________________________________________________________________________OL = Operating License
CP = Construction PermitNote:NRC generic communications may be received in electronic format shortly after they areissued by subscribing to the NRC listserver as follows:To subscribe send an e-mail to <listproc@nrc.gov >, no subject, and the followingcommand in the message portion:subscribe gc-nrr firstname lastname