ML042400005
| ML042400005 | |
| Person / Time | |
|---|---|
| Issue date: | 11/23/2004 |
| From: | Chris Miller NRC/NMSS/IMNS |
| To: | |
| McIntosh A, 301-415-5030, NMSS/NRC | |
| References | |
| RIS-04-017 | |
| Download: ML042400005 (6) | |
See also: RIS 2004-17
Text
UNITED STATES
NUCLEAR REGULATORY COMMISSION
OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS
WASHINGTON, D.C. 20555
November 23, 2004
NRC REGULATORY ISSUE SUMMARY 2004-17:
REVISED DECAY-IN-STORAGE PROVISIONS FOR THE STORAGE OF
RADIOACTIVE WASTE CONTAINING BYPRODUCT MATERIAL
ADDRESSEES
All 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 Byproduct
Material, 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 the
background 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.
Page 2 of 3
SUMMARY OF ISSUE
The NRC staff reviewed the amendment requests and agrees that this non-medical, byproduct
material 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 holding
period prior to disposal.
The staff has revised the standard license condition to incorporate the following requirements of
Section 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 distinguished
from background radiation levels;
- The waste must be monitored at the containers surface and with no interposed shielding;
- The waste must be monitored with an appropriate radiation detection instrument set at its
most sensitive scale;
- The licensee must obliterate or remove all radiation labels1; and
- Records of the disposal are maintained.
Low levels of some beta emitters, such as sulfur-35, are difficult to detect. Therefore, to assure
that the requirement that waste is held 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 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 at
http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1556/.
All new licenses granted under 10 CFR Parts 30, 32, and 33, listing byproduct material with
half-lives less than 120 days, will be issued with the authority to process waste in accordance
with the new decay-in-storage provision. All existing 10 CFR Part 30, 32, and 33 licenses will
be 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 be
applicable 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
1
An exception to this requirement is labels on materials that are within containers and
that will be managed as biomedical waste after release from the licensee.
Page 3 of 3
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
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, Director
Division of Industrial and
Medical Nuclear Safety
Office of Nuclear Material Safety
and Safeguards
Technical contacts: Angela R. McIntosh, NMSS Pamela J. Henderson, R-I
(301) 415-5030 (610) 337-6952
E-mail: arm@nrc.gov E-mail: pjh1@nrc.gov
Attachment: List of Recently Issued NRC Regulatory Issue Summaries
Page 3 of 3
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
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, Director
Division of Industrial and
Medical Nuclear Safety
Office of Nuclear Material Safety
and Safeguards
Technical contacts: Angela R. McIntosh, NMSS Pamela J. Henderson, R-I
(301) 415-5030 (610) 337-6952
E-mail: arm@nrc.gov E-mail: pjh1@nrc.gov
Attachment: List of Recently Issued NRC Regulatory Issue Summaries
Distribution:
IMNS/ r/f
C=copy N=no copy E=copy w/attachments
- By fax *See previous concurrence
OFFICE MSIB E Tech Editor MSIB MSIB OGC
NAME AmcIntosh* EKraus via fax** Swastler* Tessig* Streby-nlo*
DATE 8 / 27 / 04 8 / 27 / 04 9 / 21 / 04 9 / 22 / 04 10 / 08 / 04
NAME SMerchant-email TQuay* PMadden* AMarkley* CMiller
DATE 10 / 8 / 04 11/ 17 /04 11/ 12 /04 11/ 17 /04 11/23/ 04
OFFICIAL RECORD COPY
Attachment
Page 1 of 1
LIST OF RECENTLY ISSUED
NRC REGULATORY ISSUE SUMMARIES
_____________________________________________________________________________________
Regulatory Issue Date of
Summary No. Subject Issuance Issued to
_____________________________________________________________________________________
2004-16 Use of Later Editions and 10/19/2004 All holders of operating licenses
Addenda to ASME Code for nuclear power reactors, except
Section XI For those who have permanently
Repair/Replacement Activities ceased operations and have
certified that fuel has been
permanently removed from the
reactor vessel.
2004-15 Emergency Preparedness Issues: 10/18/2004 All holders of operating licenses
Post 9/11 for nuclear power reactors, except
those who have permanently
ceased operations and have
certified that fuel has been
permanently removed from the
reactor vessel.
2004-14 Focusing Resources in the Office 09/20/2004 All holders of operating licenses
of Nuclear Reactor Regulation as for nuclear power reactors, except
a Result of Review of Security those who have permanently
Plan Changes ceased operations and have
certified that fuel has been
permanently removed from the
reactor vessel.
2004-13 Consideration of Sheltering in 08/02/2004 All holders of operating licenses
Licensees Range of Protective for nuclear power reactors, except
Action Recommendations those who have permanently
ceased operations and have
certified that fuel has been
permanently removed from the
reactor vessel.
______________________________________________________________________________________
OL = Operating License
CP = Construction Permit
Note: NRC generic communications may be received in electronic format shortly after they are
issued by subscribing to the NRC listserver as follows:
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command in the message portion:
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______________________________________________________________________________________
OL = Operating License
CP = Construction Permit