ML20134J822

Responds to 960222 Technical Assistance Request from State of Michigan Dept of Public Health Requesting Assistance in Interpreting Applicable NRC Requirement for Receipt, Handling & Disposition of Products Containing Source Matl

ML20134J822
Person / Time
Issue date:	08/30/1996
From:	Camper L NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Madera J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
Shared Package
ML20134J810	List: ML20134J807 ML20134J822 ML20134J830
References
NUDOCS 9611180080
Download: ML20134J822 (2)

Text

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= 4 G. Bruchmann licensee does not also possess a specific source materiallicense. Therefore, there is no prohibition from transferring the material to a landfill in accordance with the terms of the general license.

At present there is no standard agency guidance available for these issues, if you have any question <,, please contact Kevin Null of my staff at (630) 829-9854.

Sincerely, Original Signed By B. J. Holt, Chief Nuclear Materials Licensing Branch bec: Monte Phillips I

l DOCUMENT NAME: M:\STOFMICH "N" = No copy To receive e copy of this document. Indicate in the ben: *C" = Copy withou: enclosures *E" = Copy with enclosures l OFFICE DMMS/ Rill c. DNMS/RPI l l l lNAME KNULL: Jaw 69///- BJHOLT /jajf 11//j/96 " ' 11/j /96 ' V' lDATE OFFICIAL RECORD COPY 9611130080 961113 PDR STPRC ESOKE PDR .,

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• m. August 30, 1996

+y MEMORANDUM TO: John R. Madera, Chief Nuclear Materials Safety and i Safeguards Branch, Region 111 . j FROM:- Larry W. Camper, ' Chief Medical, Academic, and g'

me sa V Use Safety Branch -

Division of Industrial and -

' Medical Nuclear Safety, NMSS  :

SUBJECT:

TECHNICAL ASSISTANCE REQUEST RE: Part 40,.  ;

Disposal of certain products containing source material. ,

I am responding to your technical assistance request (TAR) dated February 22, i 1996, transmitting letter dated February 1,1996 (Attachment 1), from the state of Michigan Department of Public Health requesting assistance in interpreting l applicable NRC requirements for the receipt, handling, and disposition of certain products containing source material, j"

As a result of a radiation alarm trip event in Pennsylvania, a load of scrap waste  !

was returned to a Michigan shipper. The waste contained fragments of a zircon- l based ceramic, from commercial spacer rings, containing source material at 0.07%

by weight of combined uranium and thorium embedded in a concrete-like material. i Taken as a whole, the waste materici contained less than 0.05% by weight source material.

.The state asked if this waste could be considered, in aggregate, exempt from NRC regulations pursuant to 10 CFR 40.13(a) since it is less than 0.05% by weight even though the individual ceramic fragments exceeded this limit. Alternately, they asked if use of this material would be subject to a generallicense as per 10 CFR 40.22, thus transferable to a landfill without regard to its radioactivity. The state also requested additional NRC guidance on these type of events as they are i increasing with the proliferation of radiation alarm systems at recycling and waste '

disposal sites.

i

_Your recommended responses for these questions are' generally correct. Section  !

40.13(a) exempts persons from the regulations in Part 40, and the requirements for a license to receive, possess, use, transfer or deliver _ source material, provided the  ;

source material (thorium and uranium,in this case) is by weight less than 0.05 percent of the mixture, compound, solution or alloy in question. Letters dated July

)

17,1996 from Larry W.' Camper, Division of industrial and Medical Nuclear Safety,  ;

3 O ' WI

John Madera 2 NMSS, and May 31,1996, from Dominic A. Orlando, Office of Nuclear Material Safety and Orlando, Office of Nuclear Material Safety and Safeguards (Attachments 2 and 3), on a related question, clarifles the staff's position, that in calculating the percent by weight, only substances chemically bonded to or in a true mixture with the source material can be considered. Therefore, the state's assessment in item 1 of their letter is in error as 10 CFR 40.13(a), does not apply to this waste.

However, Part 40.22, authorizing a general license to receive, possess, use, l transfer or deliver small quantitles of source material, not more than 15 pounds at any one time, or more than 150 pounds per year, does apply to this waste. The section explicitly exempts persons under this section from the provisions of Parts

19, 20, and 21, provided the licensee (Cannon-Muskegon Corporation in this case) does not also possess a specific source material license. Therefore, there is no prohibition from transferring the material to a landfill in accordance with the terms of the general license.

At present there is no standard agency guidarce available for these issues.

Attachment:

TAR dtd 2\22\96 6

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NUCLEAR REGULATORY COMMISSION n n * -

WAMNQTON, D.c. 3000N (

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August'3b,1996 ,

{

MEMORANDUM TO: John R. Madera, Chief-

}- Nuclear Materials Safety and  !

J Safeguards Branch, Region lli

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[ FROM:

Larry W. Camper,' Chief Medical, Academic, and

, g' me ia V '

i Use Safety Branch Division of industrial and

[ Medical Nuclear Safety, NMSS i

~

SUBJECT:

TECHNICAL ASSISTANCE REQUEST RE: Part 40, Disposal of certain products containing source material. >

t i

' I am responding to your technical assistance request (TAR) dated February 22,

' 1996, transmitting letter dated February 1,1996 (Attachment 1), from the state of Michigan Department of Public Health requesting assistance in interpreting .

! . applicable NRC requirements for the receipt, handling, and disposition of certain

products containing source material.

As a result of a radiation alatm trip event in Pennsylvania, a load of scrap waste O

was returned to a Michigar. shipper. The waste contained fragments of a zircon-based ceramic, from cormnercial spacer rings, containing source material at 0.07%

by weight of combir.ed uranium and thorium embedded in a concrete-like material. i j

Taken as a whole, the waste material contained less than 0.05% by weight source material.

The state asked if this waste could be considered, in aggregate, exempt from NRC

ragulations pursua.nt to 10 CFR 40.13(a) since it is less than 0.05% by weight even though the individual ceramic fragments exceeded this limit. Alternately,

' they asked if use of this material would be subject to a general license as per 10

.CFR 40.22, thus transferable to a landfill without regard to its radioactivity. The state also requested additional NRC guidance on these type of events as they are increasing with the proliferation of radiation alarm systems at recycling and waste

j. disposal sites.

.Your recommended responses 'for-these questions are generally correct. Section L 40.13(a) exempts persons from.th'e regulations in Part 40, and the requirements for a license to receive, possess, use, transfer or deliver source material, provided the source material (thorium and uranium _in this case) is by weight less than 0.05 percent of the mixture, compound, solution or alloy in quest!on. Letters dated July

{ 117,1996 from Larry W. Camper'- Division of industrial and Medical Nuclear Safety, 4

, -- J ,. - - - _ _ - _ . __ _____ -- _ _. __ __ J

I I l

l i

j John Madera 2 i

! NMSS, and May 31,1996, from Dominic A. Orlando, Office of Nuclear Material l l Safety and Orlando, Office of Nuclear Material Safety and Safeguards (Attachments j 2 and 3), on a related question, clarifies the staff's position, that in calculating the

] percent by weight, only substances chemically bonded to or in a true mixture with

{ the source material can be considered. Therefore, the state's assessment in item 1

! of their letter is in error as 10 CFR 40.13(a), does not apply to this waste.

i j However, Part 40.22, authorizing a general license to receive, possess, use, j transfer or deliver small quantities of source material, not more than 15 pounds at l any one time, or more than 150 pounds per year, does apply to this waste. The

section explicitly exempts persons under this section from the provisions of Parts i 19,20, and 21, provided the licenseo (Cannon-Muskegon Corporation in this case) does not also possess a specific source materiallicense. Therefore, there is no prohibition from transferring the material to a landfill in accordance with the terms ,

j of the general license.  ;

a

! At present there is no standard agency guidance available for these issues.

t 3

Attachment:

TAR dtd 2\22\96 4

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