Information Notice 1990-62, Requirements for Import and Distribution of Neutron-Irradiated Gems

Requirements for Import and Distribution of Neutron-Irradiated Gems

ML031140017
Person / Time
Site:	Beaver Valley, Millstone, Hatch, Monticello, Calvert Cliffs, Dresden, Davis Besse, Peach Bottom, Browns Ferry, Salem, Oconee, Nine Mile Point, Palisades, Palo Verde, Perry, Indian Point, Fermi, Kewaunee, Catawba, Harris, Wolf Creek, Saint Lucie, Point Beach, Oyster Creek, Watts Bar, Hope Creek, Grand Gulf, Cooper, Sequoyah, Byron, Pilgrim, Arkansas Nuclear, Three Mile Island, Braidwood, Susquehanna, Summer, Prairie Island, Columbia, Seabrook, Brunswick, Surry, Limerick, North Anna, Turkey Point, River Bend, Vermont Yankee, Crystal River, Haddam Neck, Ginna, Diablo Canyon, Callaway, Vogtle, Waterford, Duane Arnold, Farley, Robinson, Clinton, South Texas, San Onofre, Cook, Comanche Peak, Yankee Rowe, Maine Yankee, Quad Cities, Humboldt Bay, La Crosse, Big Rock Point, Rancho Seco, Zion, Midland, Bellefonte, Fort Calhoun, FitzPatrick, McGuire, LaSalle, Fort Saint Vrain, Shoreham, Satsop, Trojan, Atlantic Nuclear Power Plant
Issue date:	09/25/1990
From:	Cunningham R E NRC/NMSS/IMNS
To:
References
IN-90-062, NUDOCS 9009190242
Download: ML031140017 (13)

-XUNITED STATESNUCLEAR REGULATORY COMMISSIONOFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDSWASHINGTON, D.C. 20555September 25, 1990NRC INFORMATION NOTICE NO. 90-62: REQUIREMENTS FOR IMPORT AND DISTRIBUTIONOF NEUTRON-IRRADIATED GEMS

Addressees

All irradiated gemstone importers and distributors, and all non-power reactorlicensees.

Purpose

To remind gemstone importers and distributors of long-standing Nuclear RegulatoryCommission (NRC) requirements contained in 10 CFR Parts 30 and 110, governingthe Import and distribution of neutron-irradiated gems, and to provide Informationon NRC's planned actions on unauthorized Importation or distribution. It isexpected that licensees, importers, and distributors will review this informationand assure that they comply with applicable requirements. This notice does notin itself establish any new requirements, and no written response is required.Discussion:Since 1986, numerous inquiries to NRC indicated that large quantities of reactorneutron-irradiated gems, particularly blue topaz, were being distributed in theUnited States without NRC authorization. Neutron-irradiated gems contain smallquantities of radioactive byproduct material. A special NRC license is requiredfor distribution of such gems to unlicensed persons (such as gem dealers,wholesalers, and consumers). In early 1988, NRC informed all gem industryrepresentatives and non-power reactor licensees that NRC would acceptapplications for such licenses to distribute neutron-irradiated gems (seeAttachments 1 and 2). The license requirements are contained in 10 CFRParts 30 and 32.Licensed distributors must have radiation measurement and quality controlprocedures for ensuring that all gems released to the public are below theradioactivity limits specified in 10 CFR 30.70. The distributors must discloseto their customers that gems are neutron-irradiated. The licenses authorizedistribution of cut, finished gems only, because radiation exposures associatedwith cutting and grinding gems are potentially much higher than those incurredthrough normal consumer use.As of September 1, 1990, three organizations (University of Missouri; GeneralAtomics, San Diego, CA; and Alnor Instrument Co., Skokie, IL) have obtainedappropriate distribution licenses for neutron-irradiated blue topaz. Oneimport license application is pending. In the meantime, the NRC staffcontinues to receive reports of unauthorized imports of neutron-irradiated gems,particularly blue topaz. NRC does not have any information to indicate thatthe radiation levels in such gems are a public health hazard, and has not yettaken an-yenforcement action. Nevertheless, the possibility exists thatr 909l0242jZ§)

IN 90-62September 25, 1990 hazardous radioactive gems, which have not been properly checked for excessiveradiation levels, could be imported by an unauthorized source. Therefore, theNRL staff is taking the following actions:1. NRC will take enforcement action against unauthorized importers ordistributors of neutron-irradiated gems. Enforcement action may includeimposition of monetary penalties or referral to the Department of Justicefor potential criminal prosecution or to obtain an injuction by a FederalDistrict Court.2. NRC will arrange, in cooperation with the U.S. Customs Service, to checkimported shipments of blue topaz to verify that they are authorized.Customs agents will look for written certification as to whether gems areunirradiated, accelerator-irradiated, or neutron-irradiated, and whetherNRC has licensed the importers. Unauthorized imports of neutron-irradiatedgems will be subject to seizure by U.S. Customs, and investigation by theNRC Office of Investigations for possible criminal prosecution.Neutron-irradiated gems may be imported under one of the following conditions:a. The importer possesses a valid NRC or state license to possess thegems.b. The gems were previously distributed in the U.S. under the terms ofa valid NRC license authorizing distribution to unlicensed (exempt)persons, and later exported. (Gems that may have been irradiatedand exported without going through a licensed distributor may not beimported by unlicensed persons.)Undocumented gems and gems with incomplete documentation may be subject toimport delays, pending verification as to whether they contain radioactivematerial. All imported blue topaz or other suspect gems will be subject torandom checks by NRC or U.S. Customs, to determine the presence and quantitiesof radioactive byproduct material.Importers and distributors of blue topaz gems or other commonly irradiated gemsshould take the following actions:1. Do not import neutron-irradiated gems unless you have a valid NRC distributionlicense. (If the gems were previously distributed by an NRC licenseeunder the terms of a license authorizing distribution to unlicensed persons,and were exported for mounting, they may be imported without a distributionlicense if there is sufficient documentation to verify compliancewith NRC requirements, including identification of the NRC distributor andlicense number.)2. Require your gem supplier to identify and label the gem shipments asneutron-irradiated, accelerator-produced, or unirradiated. If the gems areneutron-irradiated, the shipment should clearly state the name and licensenumber of the licensed distributor/importer. Only the initial distributor/importer in the U.S. needs to be licensed. Secondary distributors and4 n .;.

IN 90-62September 25, 1990 retailers in the U.S. do not need to be licensed. Attachment 3 providesadditional guidance on acceptable documentation for imported gemstones.3. If you wish to obtain an NRC license, contact NRC. Call the Medical,Academic, and Commercial Use Safety Branch at (301) 492-0639.This information notice does not require a written response to NRC. AnyQuestions on NRC distribution licenses may be directed to Michael Lamastra1301-492-0639). Questions on non-power reactor operating licenses may bedirected to Seymour Weiss (301-492-0170).Richard E. Cunningham, DirectorDivision of Industrial andHedical Nuclear SafetyTechnical Contacts: Cheryl A. Trottier, NMSS(301) 492-3422John Hickey, NMSS(301) 492-3332

Attachments:

1. Letter to American Gem Trade Assoc.,dtd. Jan. 29, 19862. Generic Letter 88-04, dtd. Feb. 23, 19883. NRC Guidance on Ioport Documentation forCommonly Irradiated Gemstones, includingBlue Topaz4. List of Recently Issued. NMSS Information Notices5. List of Recently Issued NRC Information Notices ATTACHMENT 14 qTDSAE IN 90-62NUCLEAR REGULATORY COMMISSION SepteIber 25 1990dI .I WASHINGTON.O.C.20555 Page of 2vh? 2 9 1985The American Gem Trade AssociationATTN: Ms. Peggy illettExecutive DirectorWorld Trade CenterSuite 181P.O. Box 581043Dallas, Texas 75258Gentlemen:This letter is to advise you of the recent Nuclear Regulatory Commissiondecision regarding distribution of neutron-irradiated gems In the UnitedStates. The Commission has determined that It will authorize, through exemptdistribution licenses, the distribution in the United States of gems such astopaz which have been neutron-irradiated in reactors to enhance their color.The distribution of neutron-irradiated topaz is a continuing activity, and thNRC therefore plans to act expeditiously on the licensing of domestic reactors.and importers. We would appreciate your assistance In informing the gem tradeindustry of the requirements for licensing of distributors of neutron-irradiatedgems. We would also appreciate your providing the NRC with a listing of thoseindividuals or groups that are currently involved in the importation anddistribution of neutron-irradiated topaz. This information will assist us indetermining the steps that must be taken to license this activity.Owners of domestic reactors and importers wishing to distribute neutron-irradiatedgems, such as topaz, will be required to obtain a specific license from the NRCpursuant to 10 CFR Section 32.11. Th, license. if granted, will not be subjectto the prohibition against distributibn of products intended for application toa human being. However, license applications must meet the other requirementsof 10 CFR Sections 32.11, 30.14, and 30.70. Copies of these regulations areenclosed.Any license application must describe the means by which gems will be measuredfor radiation, the means for assuring that all gems released meet the limitsfor exempt concentrations of radioactive material, and a commnitment that onlycut, finished gems will be distributed under the license.Those persons who are currently Involved In irradiating and/or importingneutron-irradiated gemstones should immediately contact the NRC Division ofIndustrial and Medical Nuclear Safety to discuss current and planned activitiesso that a determination can be made on the course of action that should betaken. If individuals are currently distributing or intend to distributeneutron-irradiated gemstones, they must obtain a license to specificallyauthorize this activity. Failure to obtain a proper license could result inenforcement action on the part of the NR ATTACHMENT 1IN 90-62SejiVjr ,A 19902 Persons (such as secondary distributors and individual consumers) who receivegems from an NRC-licensed distributor do not need a license. Only the initialdistributor In the United States must be licensed pursuant to 10 CFR Section 32.11.I hope that this Information is useful in clarifying the NRC position en thismatter. and the actions that should be taken by some members of your association.Licensing questions may be directed to Mr. Michael Lamastra at 301-492-0639.-Other questions may be directed to the NRC Office of Public Affairs at301-492-7715.Thank you for your assistance in this matter.

Sincerely,Hugh L. Thompson, Jr.. DirectorOffice of Nuclear MaterialSafety and Safeguards

Enclosures:

10 CFR Parts 30, 32, and 170 K)ag0q ATTACHMENT 2t Aou UNITED STATES IN 90-62NUCLEAR REGULATORY COMMISSION September 25, 1990WASHINGTON. 0. C. 205S5 FEBRUARY 23, 1988TO ALL NON-POWER REACTOR LICENSEESGentlemen:

SUBJECT: DISTRIBUTION OF GEMS IRRADIATED IN RESEARCH REACTORS (GENERIC LETTER88-04; SEE ALSO GENERIC LETTER 86-l1, DATED JUNE 25, 1986)On June 25, 1986, we notified ycu that research reactor licensees might. beirradiating and distributing products containing induced radioactivity tounlicensed persons In violation of NRC regulations. We noted that 10 CFRSection 30.14 prohibits introduction of byproduct material into a product forddi'stribution to an unlicensed person, unless the distributor has a specificlicense issued pursuant to 10 CFR Section 32.11 which permits such distribution.We also noted that due to a long-standing policy against radioactive toys,novelties, and adornments, the staff has not granted licenses for distributionof Irradiated gems or similar materials.Throughout 1986 and 1987, we have received numerous inquiries from licenseesand others, requesting that NRC take a definitive'position with respect toneutron-irradiated gems such as topaz. These persons reported that large.quantities of irradiated topaz are on the United States retail market fromboth foreign and domestic sources. They requested that, in the interest bffairness and consistency, as well as protection of the public health, NRCexpeditiously resolve the issue.Applications will now be considered for interim licenses authorizing thedistribution of neutron-irradiated gems, particularly topaz, to unlicensedpersons pursuant' to 10 CFR Section 32.11. The NRC will also develop a policywhich recognizes the existence-of radiation doses and risks which are'too lowto Justify regulation to protect public health and safety. Based on this-policy,specific regulations will be developed for classes of radioactive materialssuch'as irradiated gems. The interim licenses, if granted, will not besubject to the prohibition against distribution of products intended fOrapplication to a human being. However, license applications must meet theother requirements of 10 CFR Sections 32.11, 30.14, and 30.70. Theradioactivity concentration limit for any single radionuclide is given inSchedule A of 10 CFR Section 30.70. The limit applicable for multipleradionuclides may be calculated using the method specified in Note 2 of '10 CFRSection 30.70.The interim licenses will authorize distribution of cut, finished gems only,because the potential for occupational radiation exposures associated withcutting and grindina gems is much higher than for normal consumer use.License applications must describe the proposed methods for identification andmeasurements of the radionuclides in the gems, and the quality controlprocedures for assuring that all gems released to the public are below thelimits specified in 10 CFR Section 30.70._"02FAV)5j 'I ATTACHMENT 2IN 90-62September 25, 1990Page 2 of .2Multiple Addresses -2 -The NRC staff is aware that neutron-irradiated topaz has been imported intothe United States which contains radioactivity above the limits specified in10 CFR Sections 30.14 and 30.70. Accordingly, consistent with the requirementsof 10 CFR Section 32.11, the staff plans to control distribution of irradiatedgems at the source and, thus, envisions two principal groups of applicants fordistribution licenses, i.e., domestic reactors and initial importers. Bothgroups will be subject to similar regulatory requirements.Those reactor licensees who are currently distributina, or intend to distributeirradiated gemstones to unlicensed persons must obtain a license whichspecifically authorizes this activity. Applications for distribution licensesshould be submitted with proper fee (see 10 CFR Part 170) to:U.S. Nuclear Regulatory CommissionDivision of Industrial and Medical Nuclear SafetyWashington, DC 20555Persons (such as secondary distributors and individual consumers) who receivegems from an NRC-licensed distributor do not need a license. Only the initialdistributor in the United States must be licensed pursuant to 10 CFRSection 32.11.This letter is for information only and does not require a response. Thosepersons who are currently irradiatinq and/or distributing irradiated gemstonesshould immediately contact the NRC Division of Industrial and Medical NuclearSafety to discuss current and planned activities so that a determination canbe made on the course of action that should be taken. Questions concerningNRC distribution licenses may be directed to Michael Lamastra (301-492-0639).Questions concerning non-power reactor licenses may be directed to LesterRubenstein (301-492-1118). Questions concerning license fees may be directedto Glenda Jackson (301-492-8740).Fra a, Associate Directorfor rojectsOffice of Nuclear Reactor RegulationRichard E. Cunningham DirectorDivision of Industrial andMedical Nuclear SafetyOffice of Nuclear MaterialSafety and Safeguards Attachment 3IN 90-62September 25, 1990 NUCLEAR REGULATORY COMMISSION (NRC)GUIDANCE ON IMPORT DOCUMENTATION FORCOMMONLY IRRADIATED GEMSTONES, INCLUDING BLUE TOPAZ1. All imported gems should contain clear documentation as to whetherthey are neutron-irradiated, accelerator-irradiated, or notirradiated at all.2. Neutron-irradiated gems from foreign reactors must be imported by anNRC or State licensee. The documentation should state the name of thelicensee and license number.3. Neutron-irradiated gems from U.S. reactors, which may have beenexported, may be imported by non-licensees if they were previouslydistributed in the U.S. under the terms of an NRC distributionlicense. The documentation must state the name of the licensee andNRC distribution license number. A reactor operating license numberis not sufficient.4. Accelerator-irradiated gems and unirradiated gems may be imported bynon-licensees. Such gems will be subject to checks by the U.S.Customs Service or NRC, to verify that the gems are notneutron-irradiated.5. Undocumented gems may be subject to import delays, pending verificationas to whether they contain radioactive materia Attachment 4IN 90-62September 25, 1990 LIST OF RECENTLY ISSUEDNMSS INFORMATION NOTICESInformation Date ofNotice No. Subject Issuance Issued to:90-5990-5890-5690-50Errors in the use ofRadioactive Iodlne-131Improper Handling ofOphthalmic Strontium-90Beta Radiation ApplicatorsInadvertent Shipment of aRadioactive Source in aContainer Thought to be EmptyMinimization of Methane Gasin Plant Systems and RadwasteShipping Containers09/17/9009/11/9009/04/9008/08/90All medical licenseesAll Nuclear RegulatoryCommission (NRC) medicalAll U.S. NuclearRegulatory Commission(NRC) licenseesAll holders of operatinglicenses or constructionpermits for nuclear powerreactors90-44Dose-Rate InstrumentsUnderresponding to the TrueRadiation Fields06/29/90All NRC licensees90-3890-3590-31Requirements for Processing 05/29/90Financial Assurance Submittalsfor DecommissioningTransportation of Type A 05/24/90Quantities of Non-FissileRadioactive MaterialsUpdate on Waste Form and 05/04/90High Integrity ContainerTopical Report Review Status,Identification of Problemswith Cement Solidification,and Reporting of Waste MishapsAll fuel facility andmaterials licenseesAll U.S. Nuclear RegulatoryCommission (NRC) LicenseesAll holders of operatinglicenses or constructionpermits for nuclear powerreactors, fuel cyclelicenses, and certainbyproduct materialslicenses Attachment 5IN 90-62September 25, 1990 LIST OF RECENTLY ISSUEDNRC INFORMATION NOTICESInformation Date ofNotice No. Subject Issuance Issued to90-6190-6090-5990-5890-5790-56-90-5583-44Supp. 190-5489-18Supp. 1Potential for ResidualHeat Removal PumpPump Damage Caused ByParallel Pump InteractionAvailability of FailureData In the Government-Industry Data ExchangeProgramErrors In the Use ofRadioactive Iodine-131Improper Handling ofOphthalmic Strontium-90Beta Radiation ApplicatorsSubstandard, RefurbishedPotter & Brumfield RelaysMisrepresented As NewInadvertent Shipment of ARadibactive Source In AContainer Thought To BeEmptyRecent Operating Experi-ence on Loss of ReactorCoolant Inventory WhileIn A Shutdown ConditionPotential Damage toRedundant Safety Equip-ment As A Result ofBackflow Through theEquipment and Floor DrainSystemSummary of RequalificationProgram DeficienciesCriminal Prosecution ofWrongdoing Committed bySuppliers of NuclearProducts or Services9/20/909/20/909/17/909/11/909/5/909/4/908/31/908/30/908/28/908/24/90All holders ofOLs or CPs fornuclear powerreactors.All holders ofOLs or CPs fornuclear powerreactors.All medicallicensees.All NRC medicallicensees.All holders of OLsor CPs for nuclearpower reactors.All U.S. NuclearRegulatory Com-mission (NRC)licensees.All holders of OLsor CPs for nuclearpower reactors.All holders of OLsor CPs for nuclearpower reactors.All holders of OLsor CPs for nuclearpower reactors.All holders of OLsor CPs for nuclearpower reactors.OL -Operating ' censeCP = Construction Permit IN 90-62September 25, 1990 retailers in the U.S. do not need to be licensed. Attachment 3 providesadditional guidance on acceptable documentation for imported gemstones.3. If you wish to obtain an NRC license, contact NRC. Call the Medical,Academic, and Commercial Use Safety Branch at (301) 492-0639.This information notice does not require a written response to NRC. Anyquestions on NRC distribution licenses may be directed to Michael Lamastra?301-492-0639). Questions on non-power reactor operating licenses may bedirected to Seymour Weiss (301-492-0170).J i~hard E. Cunningham, DirectorDivision of Industrial andMedical Nuclear SafetyTechnical Contacts: Cheryl A. Trottier, NMSS(301) 492-3422John Hickey, NMSS(301) 492-3332

Attachments:

1. Letter to American Gem Trade Assoc.,dtd. Jan. 29, 19862. Generic Letter 88-04, dtd. Feb. 23, 19883.' NRC Guidance on Import Documentation forCommonly Irradiated Gemstones, includingBlue Topaz4. List of Recently Issued NMSS Information Notices5. List of Recently Issued NRC Information Notices*See previous concurrenceOFFC: IMOB* : IMOB* :NMSS* :lMAB* :NRR* :INNS* LINSNAME: CTrottier :JHickey :EKraus :JGlenn :SWeis~s :6Soblom f RECunninghamDATE: 09/17/90 :09/17/90:09/13/90:09/17/90 :09/18/90 :09/19/90 : O09/?90OFFICIAL RECORD COPYDOCUMENT NAME: IN 90-62 IN 90- 6) -September ;5, 1990 . If you wish to obtain an NRC license, contact NRC.Academic, and Commercial Use Safety Branch at (301)Call the Medical,492-0639.This information notice does not require a written response to NRC. Anycuestions on NRC distribution licenses may be directed to Michael Lamastra?301-492-0639). Questions on non-power reactor operating licenses may bedirected to Seymour Weiss (301-492-0170).Richard E. Cunningham, DirectorDivision of Industrial andMedical Nuclear Safety

Technical Contact:

Cheryl A. Trottier, NMSS(301) 492-3422John Hickey, NMSS301-492-3332

Attachments:

1. Letter to American Gem Trade Assoc.,dtd. Jan. 29, 19862. Generic Letter 88-04, dtd. Feb. 23, 19883. NRC Guidance on Import Documentation forCommonly Irradiated Gemstones includingBlue Topaz4. List of Recently Issued NMSS Information Notices5. List of Recently Issued NRC Information Notices*See previous concurrenceOFFC: IMOB* : IMOB* :NMSS* :IMAB* :NRR* :INNS* I NSNAME: CTrottier :JHlckey :EKraus :JGlenn :SWeiss :GSjoblom : RECunni4iham/11DATE: 09/17/90 :09/17/90:09/13/90:09/17/90 :09/18/90 :09/19/90 : O9//y/90OFFICIAL RECORD COPY IN 90-September , 19903. If you wish to obtain anAcademic, and CommercialNRC license, contact NRC.Use Safety Branch at (301)Call the Medical,492-0639.This information notice does not require a written response to NRC. Anyquestions on NRC distribution licenses may be directed to Michael Lamastra?301-492-0639. Questions on non-power reactor operating licenses may bedirected to S our Weiss (301-492-01f0).7Richard E. Cunningham, DirectorDivision of Industrial andMedical Nuclear Safety

Technical Contact:

Chei yl A. Trottier(301) 492-3422John Hi cey, NMSS301-492-3332

Attachments:

1. Letter to American Gem Trade Assoidtd. Jan. 29, 1986 \2. Generic Letter 88-04, dtd Feb 2'3. NRC Guidance on Import Documentat'Commonly Irradiated GemstonesBlue Topaz4. List of Recently Issued NMSS Infoi5. List of Recently Issued NRC InfornN NMSS.o. ,'3, 1988ton forOFFICIAL RECORD COPY