ML20217J506

Responds to to Lewis Requesting Interpretation of 10CFR30.36

ML20217J506
Person / Time
Issue date:	08/07/1997
From:	Greeves J NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Lanman R HEALTH & HUMAN SERVICES, DEPT. OF
Shared Package
ML20217J511	List: ML20217J506 ML20217J519
References
REF-WM-3 NUDOCS 9708140306
Download: ML20217J506 (6)

Text

_ _ - _ _ _ _ - _ _ _ _ _ - _ _ _ _ ____ ..

l ,

,, p  %

l = 4 UNITED STATES I f j 2

NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2006&4001 o% .,g / August 7, 1997 Mr. Robert B. Lanman, NIH Legal Advisor Department of Health & Human Services Public Health Division

- Room 2B-50, NIH Bldg. 31 31 Center Dr., MSC 2111 Bethesda, MD 208S2 2111

SUBJECT:

APPLICATION OF 10 CFR 30.36 (d)(2)

Dear Mr. Lanman:

This response refers to your February 26,1997, letter to Stephen Lewis of the U.S. Nuclear Regulatory Commission's Office of the General Counsel (OGC), requesting an interpretation of 10 CFR 30.36. Your request specifically referred to the words contained in 10 CFR 30.36 (d)(2) which state, "...such that the building or outdoor area is unsuitable for release in accordance with NRC requirements." You inferred that this wording has created confusion regardMg notification of NRC when National Institutes of Health (NIH) decides to permanently cease principal activities at a separate building or outdoor area.

Commission regulations authorize the General Counsel to issue formal written inte rpretations of laws, regulations, and other sources of authority or guidance, which are recognized as binding on the Commission. Following issuance, these interpretations are codified in 10 CFR Part 8 of the Commission's regulations. However, the General Counsel exercises this authority very sparingly and only in instances involving major policy or legal questions. Accordingly, the views in this letter do not constitute a formal interpretation.

Based on 10 CFR 30.36 (d)(2), we believe it to be clear that NIH must notify NRC, in writing, within 60 days of deciding to permanently cease principal activities at the entire site. NIH is also required to notify NRC, in writing, within 60 days of deciding to permanently cease principal activities in any separate building or outdoor area, including inactive burial grounds, if the building or outdoor area contains residuai activity such that it is unsuitable for release in

)

I accordance with NRC requirements. NRC's radiological criteria for unrestricted use are identified in the " Action Plan to Ensure Timely Remediation of Sites Listed in the Site

/

Decommissioning Management Plan,"(Action Plan) 57 FR 13389, April 16,1992. These [V /

criteria include:

1. Policy and Guidance Directive FC 83-23, " Guidelines for Decontamination of Facilities and Equipment Prior to Release for Unrestricted Use or Termination of Byproduct,

},if- 3 Source and Special Nuclear Material Licenses," November 14,1983;

2. Regulatory Guide 1.86, " Termination of Operating Licenses for Nuclear Reactors " June 1974;

3. Options 1 and 2 of the Branch Technical Position " Disposal or Onsite Storage of Thorium and Uranium Wastes from Past Operation," 46 FR 52601, October 23,1981; nnnna 9708140306 970007

!Il!I!I!!!!Ill!!!ll

" NRC RE CENTER COPY I PDR WM-3 WASTE PDR 9 h/7_

s R.Lanman 2

4. 40 CFR Part 141, National Primary Drinking Water Regulations; and

5. EPA's " Radiation Dose Guidelines for Protection Against Transuranium Elements Present in the Environment as a Result of Unplanned Contamination."

NRC recently published its " Rule on Radiological Criteria for License Termination" to provide specific radiological criteria for the decommissioning of lands and structures. When this rule is fully implemented, it will supersede the above criteria.

The tables you reference from Regulatory Guide 8.23, " Radiation Safety Surveys at Medical Institutions" are taken from Regulatory Guide 1.88. NIH should compare contamination levels in the building or outdoor area in question, against the criteria in the Action Plan. If the building or outdoor area meet your license requirements and the criteria in the action plan, then notification of the NRC is not required.

If you have any questions regarding this letter, please centact John Buckley at 301-415-6607.

Sincerely,

[0riginal signed by]

John T. Greeves, Director Division of Waste Management Office of Nuclear Material Safety and Safeguards TICKET: DWM 089 DISTRIBUTION: Central File LLDP r/f DWM r/f DWM t/f ACNW NMSS r/f PUBLIC EBrummett DCool RNelson TCJohnson f['

Sko Pc.th and File Name: s:\dwm\lldp\jtb\Lanman2 *See previous concurrence OFC LLDP' LLDP* OGC* LLQP; E IMN.S/J DVyh ,

NAME JBuckley LBell STreby kkey . J b ___

DATE 7/16 /97 7/ /97 7/ /97 7/h /97 7/ f/97 7/h/97 OFFICIAL RECORD COPY ACNW: YES 1 NO _ Category: Proprietary _ or CF Only _

IG :YES _ NO 1 LSS : YES 1 NO _ Delete file after distribution: Yes 1 No _

l l

l

R.Lanman 2

4. 40 CFR Part 141, National Primary Drinking Water Regulations, and S. EPA's " Radiation Dose Guidelines for Protection Against Transuranium Elements Present in the Environment as a Result of Unplanned Contamination."

NRC recently published its " Rule on Radiological Criteria for License Termination" to provide specific radiological criteria for the decommissioning of lands and structures. When this rule is

< fully implemented, it will supersede the above criteria.

The tables you reference from Regulatory Guide 8.23, " Radiation Safety Surveys at Medical Institutions" are taken from Regulatory Guide 1.86. NIH should compare contamination levels in the building or outdoor area in question, against the criteria in the Action Plan. If the building or outdoor area meet your license requirements and the criteria in the action p5n, then notification of the NRC is not required.

If you have ar.y questions regarding this letter, please contact John Buckley at 301-415-6607.

Sincerely,

[0riginal signed by]

John T. Greeves, Director Division of Waste Management Office of Nuclear Material Safety and Safeguards TICKET: DWM-089 DISTRIBUTION: Central File LLDP r/f DWM r/f DWM t/f ACNW NMSS r/f PUBLIC EBrummett DCool RNelson TCJohnson df' Sj'[o P th and File Name: s:\dwm\lldp\jtb\Lanma12 *See previous concurrence OFC LLDP* LLDP* OGC* LLDR) d IMN.S/J DVfk1 ,

NAME JBuckley LBell STreby Ikkey . MM J s DATE 7/16 /97 7/ /97 7/ /97 7/7//97 h/(/97 r7/p/97 v

OFFICIAL RECORD COPY

, ACNW: YES 1 NO _ Category: Proprietary _ or CF Only _

IG : YES _ NO 1 LSS : YES 1 NO _ Delete file after distribution: Yes 1 No_

1

a-. -am- - ---Av a An le -

- R. Lanman 2

4. 40 CFR Part 141, National Primary nrinking Water Regulations; and .

5. EPA's " Radiation Dose Guidelines for Protection Against Transuranium Elements Present in the Environment as a Result of Unplanned Contamination."

NRC recently published its " Rule on Radiological Criteria for License Termination" to provide specific radiological criteria for the decommissioning of lands and structures. When this rule is

. fully implemented, it will supersede the above criteria.

The tables you reference from Regulatory Guide 8.23, " Radiation Safety Surveys at Medical Institutions" are taken from Regulatory Guide 1.86. Nili should ccmpare contamination levels in the building or outdoor area in question, against the i:riteria in the Action Plan. If the building or outdoor area meet your license requirements and the criteria in the action plan, then notification of the NRC is not required.

If you have any questions regarding this letter, please contact John Buckley at 301-415-6607.

Sincerely,

.lohn T. Greeves, Director Division of Waste Management Office of Nuclear Material Safety and Safeguards i

1

l R.Lanman 2

4. 40 CFR Part 141, National Primary Drinking Water Regulations; and

5. EPA's " Radiation Dose Guidelines for Protection Against Transuranium Elements Present in the Environment as a Result of Unplanned Contamination."

NRC anticipates pubt: cation of a " Rule on Radiological Criteria for License Termination" to provide specific radiological criteria for the decommissioning of lands and structures, in the near future.

The tables you reference from Regulatory Guide 8.23, " Radiation Safety Surveys at Medical Institutions" are taken from Regulatory Guide 1.86. NIH should compare contamination levels in the building or outdoor area in question, against the criteria in the Action Plan. If the building or outdoor area meet the criteria in the action plan, then notification of the NRC is not required.

If you have any questions regarding this letter, please contact John Buckley at 301-415-6607.

Sincerely, John T. Greeves, Director Division of Waste Management ,

Office of Nuclear Material Safety and Safeguards TICKET: DWM 089' DISTRIBUTION: Central File LLDP rif DWM r/f DWM t/f ACNW NMSS r/f PUBLIC EBrummett DCool RNelson TCJohnson Path and Fi'e Name: s:\dwm\lldp\jtb\Lanman2 *See previous concurrence OFC LLI/f*,b LLDP kU LLDP IMNS DWM NAME Jh rLhli kh' JHickey DCool _ _ JGreeves DATE 7/16 /97 7/f7/97 7h7 7/ /97 7/ /97 7/ /97 OFFICIAL RECORD COPY ACNW: YES 1 NO _ Category: Proprietary _ or CF Only _

IG : YES _ NO 1 LSS . YES 1 NO _ Delete file after distribution: Yes 1 No _

l 1

f R. Lanman 2

4. 40 CFR Part 141, National Primary Drinking Water Regulations; and

5. EPA's " Radiation Dose Guidelines for Protection Against Transuranium Elements Present in the Environment as a Result of Unplanned Contamination."

NRC anticipates publication of a " Rule on Radiological Criteria for Licente Termination" to provide specific radiological criteria for the decommissioning of lands and str'uctures, in the near future.

The tables you reference from Regulatory Guide 0.23,"F.adiatioISafety Surveys at Medical Institutions" are taken from Regulatory Guide 1.86. NIH should coppare contaminat5n levels in the building or outdoor area in question, against the criteria 31 the Action Plan. If tile building or outdoor area meet the criteria in the action plan, then notification of the NRC is not required at this time. ,/

if you have any questions regarding this letter, please contact John Buckley at 301-415-6607.

Sirberely,

/

/

/

< John T. Greeves, Director

/ Division of Waste Management e' Office of Nuclear Material Safety f and Safeguards

/

/

,[

TICKET: DWM-089 DISTRIBUTION: Central File LLDP r/f DWM r/f DWM t/f ACNW NMSG r/f PUBLIC EBrummett DCool RNelson TCJohnson Pt.th end File Name: sMwm\lldp\jtb\Lanman2 OFC L ) LLDP OGC LLDP IMN' DWM i nw l NAZE JB6ckley I. Bell STreby JHickey DCool JGreeves lDATR h//h97 7/ /97 7/ /97 7/ /97 7/ /97 7/ /97 OFFICIAL RECORD COPY ACNW: YES 1 NO _ Category: Proprietary _, or CF Only _

IG : YES _ NO 1 LSS : YES 1 NO _ Delete file after distribution: Yes 1 No _

- .- - _ =,