ML20042D065
| ML20042D065 | |
| Person / Time | |
|---|---|
| Issue date: | 07/21/1988 |
| From: | Treby S NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Miller V NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| Shared Package | |
| ML20042D066 | List: |
| References | |
| HPPOS-272, NUDOCS 8808010223 | |
| Download: ML20042D065 (10) | |
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UNITED STATES
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'l NUCLE AR REGULATORY COMMISSION j
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July 21, 1988 MEMORANDUM FOR:
Vandy L. Miller, Chief Medical, Academic, and Commercial Use Safety Branch Division of Industrial and Medical Nuclear Safety FROM:
Stuart A. Treby Assistant General Counsel for Rulemaking and Fuel Cycle Office of the General Counsel
SUBJECT:
TRANSFER OF RADI0 ACTIVE MATERIAL TO PERSONS EXEMPT In your memorandum concerning the subject above, dated July 7,1988, you requested our views on whether a possession or distribution license under Part 32 is recuired under two separate fact situations. The first situation concerns the irradiation of electronic components for the purpose of determining their " hardness" against radiation exposure.
This irradiation
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results in various components of the electronic devices being activated, i.e., induced radioactivity. As stated in your memorandum, some of the staff believes that because exempt quantities (10 CFR 30.18) would be present, no l
Part 32 license would be necessary in order :o transfer the components to D00 l
after irradiation. On the other hand, some of the staff believe that a license pursuant to i 32.11 would be necessary to transfer the exempt concentrations.
The answer to the question lies, in large part, as to whether the situation involves an exempt " concentration" or an exempt " quantity." Subsection 30.14(a) provides, in pertinent part, that a person is exempt from the license requirement of section 81 of the Atomic Energy Act "to the extent that such person receives, possesses, uses, transfers, owns or acquires products or materials containing byproduct material in concentrations not in u
excess of those listed in i 30.70."
(Emphasis added.) However, subsection 30.14(d) specifically prohibits the introduction of byproduct material into a product or material knowing that it will be transferred to persons exempt under i 30.14 "except in accordance with a license issued pursuant to i 32.11..."
This prohibition is repeated almost verbatim in i 32.13.
This office has previously addressed the issue of induced radiation in i
another context (irradiated gems) and reads the term " introduction" to be interpreted as encompassing not only the introduction of byproduct material into another product but the activation of material within a product or material, thereby transforming it into byproduct material.
An additional question to be initially answered is whether the activated material is in fact " byproduct material."
It appears from the facts presented that it is W 080/027 3
, because the material is "made radioactive by exposure to the radiation incident to the process of... utilizing special nuclear material." 42 U.S.C.
2C14(e)(1), 10 CFR 30.4(d).
Having said this, it appears to us that the regulations under discussion really do not contemplate the situation presented, particularly within the context presented.
Nevertheless, if the activated material within the electror.ic devices being irradiated 1s in exempt concentrations, it may be possessed and transferred pursuant to the exemption provided under i 30.14 But, the irradiator introducing the byproduct material must be licensed pursuant to i 32.11 if the material is to be transferred to an exempt person under i 30.14 In contrast to the discussion above, 6 30.18 provides exemption frcm licensing requirements for possession and transfer of byproduct material if the " individual quantities" of byproduct material, each does not exceed the applicable quantity set forth in 5 30.71, Schedule B.
The prohibitions contained in subsections 30.18(c) and (d) do not appear to apply because, in our opinion, the transfer to D00 (or its contractor under this circumstance) is not for the purpose of " commercial distribution,"
i.e., introduction into the market place.
Therefore, because i 32.18 addresses the need for a specific license to possess or transfer byproduct material for " commercial distribution" to persons exempt under i 30.18, it appears that no license would be required under i 32.18 in this circumstance.
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However, when originally promulgated, the Statement of Consideration for the proposed 5 30.18 (33 FR 11414, August 10,1968) included the following language:
" Persons holding an AEC (now NRC) byproduct material license or an Agreement State license for manufacture, processing, or production of byproduct material would be authorized to make transfers, on a noncomercial basis, of exempt quantities of byproduct material possessed under the license.
This )rovision is designed to accommodate the occasional transfers between la) oratories of small quantities of byproduct material in tissue samples, tagreo compounds, counting standards, etc., which involve a negligible risk."
(Emphasisadded.)
In the final rule (35 FR 6426, April 22, 1970), the Commission reiterated this position verbatim. While it can be argued that the byproduct material resulti 3 from the " testing" of the " radiation hardness" of the tested electronic equipment should fall within the "etc." list of authorized transfers between laboratories, the context of the i 30.18 exemption seems to be oriented toward pre-existent byproduct material used as a marker.
Accordingly, we believe the better view to be that the induced radiation byproduct material should be looked at in terms of whether the radioactivity so produced is within the exempt concentration levels listed in 5 30.70.
Thus, based on the above, we believe the key to the answer to this question to lie within the resolution of whether we are talking about exempt concentrations of byproduct material introduced into a product or material
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. (6 30.14); or whether we are talking about the possession and transfer of exempt quantities of byproduct material that are within the limits of 5 30.71, Schedule B, for distribution purposes, but as to which the associated licensing provisions of 6 32.18 appear inapplicable.
From the facts available, it appears to us, from the legal perspective, that we are talking about the introduction of byproduct material into another material or product, which leads to the conclusion that il 30.14 and 32.11 are the applicable licensing provisions.
It may be appropriate under this circumstance to exempt D00 and its contractor from this licensing requirement under the authority of 6 30.11(a).
The second situation raised in your memorandum concerns the distribution by an x-ray equipment manufacturer of a small number of exempt ouantity " check sources." The position of the manufacturer is that because it distributes the sources to its customers " free," (that is, without a separate charge), it is not comercially distributing them. We do not agree.
The manufacturer is interpreting the term "comercial distribution" in a far too limited manner.
We view the meaning of this term to mean the introduction of a material into the market place, whether or not a charge is assessed for that distribution.
Given the mandate of the NRC to protect the public health and safety from radiation hazards, it would be nonsensical to determine the protection of the public on the basis of whether a charge was made for a quantity,of byproduct material distributed into the public domain, i.e., the market place.
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addition, as pointed out by your staff, it is logical to assume that the manufacturer expects to gain a monetary return on the x-ray equipment because of this " free" distribution of byproduct material, the " check source."
Accordingly, we concur with the view that this distribution is a " commercial distribution" type of transfer and, as such, must be licensed pursuant to il 30.18(d) and 32.18.
tuart A. Treby Assistant General Counsel for Rulemaking and Fuel Cycle Office of the General Counsel i
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UNITED STATES NUCLEAR REGULATORY COMMISSION RULES and REGULATIONS TITLE 10. CH APTER 1. CODE OF FEDERAL REGULATIONS-ENERGv LICENSES AND RADIATION SAFETY REQUIREMENTS FOR PART WELL. LOGGING OPERATIONS 39 enoeoseD nute mixino so FR 13797 pegulator) Cor". mission. Washmgton, throLgh the dnii.ng ['g.d cai ed mJd b)
P e r.o a a es DC 20555. (301) 44V901 the drdhng md strb down io the ba"r commet penas upa.s 7 8 85 sunututwnsv mrommaticwc of the weil Sance maed with sma:i amount of in6am 192 are used to
- 1. Introducuon
- p comm.at omos u tena.d to io.9 BS determme the eCent of underground Uses of Lwensed Staterialm Well hydraabc fractunng Loggwg Opewsons NRC ced Agnement Stores Mes The oil and gas industry often needs Twenty-sesen Agreement State to CFR Parts it. 20,21,30,39,40,51, to determee the types and meludmg rnost maior oil produc n[s 70,71, and 150 charactenstics of the underground formations m a new or ex2stmg well.
States. hase assumed respons;bddy for Ucenses and Radiation Safety Licensed matenals are used to obtain regulatmg certam activities. melud.ng Requirements for Weu-Logging mformation on certam properties of an the use of ra6oactive matenals m well.
Operstkms underground formation. such as type of aoswcy: Nuclear Regulatory r eks. porosity. hydrocarbon content.
the NRC Each Agreement State issues and density. Isensed matenals are also licenses to persons who use radioactive Commission.
g, g,j used for similar purposes in coal or actoec Proposed rule >
mineral explorsuon.
the State.
sumuamv: ne Nuclear Regulatory wel s a edre ioac se 8"
us a r act e ate als a w I a
vi ec > tad tion saf t detectors, known as loggms tools. are loggmg opershons m non Agreement f th i1 ed lowered mto a well on a wirehne.The Statu. Then hcensu specify the mater a n el logg ng operau ns The depth of the weU could range from re&ation safety requirements appbcable d
1 uld '
de us eral hundred feet to greater than to weU loggms operations that the bo ebens e en consisten 30.000 feet. information collected by the licensee must follow. The NRC has. as regulations appheable to well loggirs detectors is sent to the surface through of November 1964.173 heensees operations by conschdatmg essent.al the wtrelme and plotted on a chart as authonzed to use radioactae materials radiation safet requirements m a new the loggma toolis slowly raised from the in well loggmg opera tions. The Part 39.121 un orm safety requirements bottom of the weu. Arnenciurn-241 Agreement States have approximately m NRC and Agreement States (typicaUy 0.25 cune to 20 cunes) and 400 licensees mvolved m well leggmg regula tions. and (3) safety requirernents cu um-137 (typically 2 to 3 cunes) are operations.
desened to reduce the nsks of accidents the radioactive matenals most Moggma heensen from ou State invohmg the rupture of raioacta e frequently used for this purpose.
frequently perform well logong tobs m sources in well-logging operahens.
In subsurface tracer studies, a smau other States. To avoid dupbcation of amount of ra6oactive matenal m hquid beensmg effort. NRC permits, under 8
or gaseous form is used. After the liquid reciprocity. Agreement States bcensees Co ce of er this aew of gas tracer as insected into the wou. a to operate in non. Agreement States ctor is uW in the wou to monbr accodmg m h conh oW ut ass a e of no der son carn be 8n en escept as to comments the dispersion of the tracer matenal.
license issued by their home State.
recen ed on or before this date-This informatmo wiU help determme Reciprocity also apphes to licensees of certain underground charactensucs such the NRC that wish to operate m womassas: Submit wntten comments as fluid flow rate and the channeling Agreement States as well as between to the Secretary of the Commission. U.S.
effect. lodine-131 (typically 5 to 20 the different Agreement States.
Nuclear Regulatory Commtssion-millicunes)is the matenal most Therefore. compabbahty between NRC Washmgton. DC 20555. Attenhon; frequently used in subsurface tracer regulations and Agreement State Dockehng and Service Branch. Copies of studies.
regulations is essential to permit comrnents received on the proposed rule Other licensed materials used in well-licensees to conduct well-logging may be exammed at the NRC Pubhc loggms operations include cobalt-co operauens in vanous States whde Document Room.1717 H Street NW.,
used in collar markers, radioactive iren mamtaming a consistent and effective Washmaton. DC. Single copies of the used in nails. depleted uranium used in level of protecuon necessary to ensure techmcal documents referred ta m this sinker bars, and indium 192 used in pubhc health and safety.
document may be obtained from Dr.
sands. Couar markers use Co 40 wire Anthony N Tse. Office of Nuclear (about 1 to 5 microcunes) to mark
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Regulatory Research. U S Nuclear collars between two sections of casing Except for requirements concernmg Regulatory Commission. Washmgton.
and provide positive depth the abandoment ofirretnevable well.
DC 20555 (301-443-?9011-measurement. Radioactive iron nails are loggms sources set forth m to CTR 30 56 eon marmasi wonesanon cowuct.
used to indicate locations of and to 60, current NRC regulations. do Dr Aruhony N. Tse. Office of Nuclear perforations. Sinker bars are not provide radiation safety Regulatory Research. U S Nuclear constructed of solid depleted uraniurn reginrements specific to the use of (usually weighms 50 to 100 pounds) and licensed matenalin well.loggmg are used to provide additional weight to operations. General safety requirements.
help push a hght weight logging tool however. are contamed m to CFR Parts 39.PR.1 August 30,1985
PART 39
- LICENSES AND RADIATION SAFETY REQUIREMENTS FOR WELL-LOGGING rmeud or properb abarooned to al The well-lomng company is m a t.se a consulhng semce that has suc* an n aid possible source rupture bv better position to hancie radiological mstrument.
satisec.ent re.en'ry into the well problems than the weil owner or A 6 month cabbration inten al w odd TNs reprement is needed because operator unless the latter s personnel be specified for each sune) mUtcent Re htensee phe well-logg:ra companyI are also properly tramed. whir.h would This mtenalis adequate based on may not hate the legal au:horits or be duplicatne and costly:
hcensmg esperience. to ensure the reset.rces to recoser a toc: and us
!3) Licensmg well owners or operators proper operation of the mstnament and seced source if it becor es lost in a as well as well. loggers may create is consistent with practices presently wen The well owner or operator confusion about who is responsible for required m well leggmg licenses contrd the activities at the weil W hen radiological safety when the sesled C LeoA Testeg o/Sec/ed5uces a tool contammg sealed source is lest in source enters or leaves the well.
the well. the well owner or operator The Commission is interested in The proposed rule (l 39 35) w ould could engage a ' fishmg cerrpany to comments on the costs. advantages. and require that sealed sources be leak recoser it The fishmg company is disavantages of the proposed approach tested at least esery 6 months Becaec usualh responsible directly to the well and on the alternatne.
these soarces are subiected to rouen handhng and servere environtrent' i owner or operator, The hcensed well-a B Red.ctron Detection Instruments loumg company has no legal nght to conditions in a well. it is necessary that direct or control the activity of the The proposed rule ($ 39.33(a)) would they mamtam their mtegnty. A leakmg fishmg corrpay. Therefore. the require that a heensee have a radiation sealed source. if undetected. could cause contractual agreement between the survey instrument at each field station extensive radioactive contamination to licensee and the well owner or operator and at each temporary jobsite. These the well. equipment. personnel.
is necessary to obligate the well owner suney mstrutnents are needed to environment. The leak test requirement or operator to (1) recover the sealed perform routme radiation surveys and to is consistent with the current source m a safe manner. (2) properly measure for any potential radioactive requirement for well-loggers and many abandon an ittetnesable source. and 13) contammation. Each survey matrument other types licensees.
present release of contam;nated would have to be capable of measunng Several exemptions are provided m equipment or areas until they hate been 0.1 milbroentgen per hout through at the proposed rule to reduce the burden de,contammated least 100 milbroentgens per hour. The ofleak testing on the mdustry.The requirement f 100 milbroentgens per sealed sources exempted from leak m k ng e ensee respors b e or the ur is pr p a useaheensM testmg requinments an dose that u aled source dunng well-loggmg until ccasa nelly needs to define the would present essentially no hazard to the sealed source is removed from the boundanes of a high radiation area as the public or the environment m the temporary lobsite or the completion of required by 10 CFR 20.203(c)(2). A event of a leak because they contain the abandonment procedures. if the grandfather clause (for a penod cf 5 either gaseous, short hved. or small source is determmed to be irretnes able year 8)18 provided for custmg survey quantities of radioactne matenals Thus. NRC is mak. rig the beensee instruments capable of messunns 0.1 responsible for ensurmg comphance millir entgen per hour through at least D Physicalloventory with the regulations or for pursuma 0 milbroentgens per hour to reduce the The proposed rule { { 39 37) would eset> legal avenue. based on the wntten economic impact on heensees. A 5-yur require that a semi-annual physical agreement. to achies e comphance. The pen d is proposed because the average insentory be made to account for w ntten agreement could ass >gn to the life of a field use survey mtrument is sources of licensed matenal. This well owner or sperator. under the supemsion of the hcensee m areas of estimated to be 5 years.
requirement is needed because the radiation safety. the responsibihty for Although the required radiation source used m well-loggma operations carrymg out the recovery opershons or survey instruments are adequate for are frequently transported to and from abandonment procedures. Howes er. the routme radiation surveys. they are not temporary lobsites. An accurate account wntren agreement could not transfer the designed to handle unhkely events such of each of the sources would ensure that possession of the sealed source from as the rupture of a sealed source no source has been lost. The e-month one pary to another without specific resultmg m low level contammation of pur.od is proposed because a hcensee NRC approval.
amencium-241 in the dnllms fluid or cculd conduct a physical mventory and The Commission considered another mud. Therefore, the proposed rule would leak testmg at the same time. thus.
approach to allocate responsibthty also require that a licensee have reducing its burders.
among the vanous parties involved m available, when needed. radiation E Design ond Performance Criteria kt the well loggmg operations It would detection instruments (for example, a gg have provided a general heense to the high range survey meter or a sodium well owner or operator.
- hichever iodide crystal detector) that are capable Design and performance entena are engaged the well. logging company.
of measurmg radiation levels or proposed in 139 41(a) for all sealed Under this approach, NRC would have contammation levels which could be sources except those contamma gaseous imposed the same safety requirements encountered dunns an acccident. For hcense3 matenal. These have been as would be contamed m the wntten example, before the trutiation of proposed as mmimum requirements. and agreement directly on the party that had recovery of an amencium-241 source are the same (except for the pressure the authonty to fulfill these from a well, the licensee would have to test) as the requirements for well-loitems requirements. This alternative w as not have en matrument present at the sources m industry standard ANSI M42.
pursued for the followmg reasons jobsite that is sensitive enough to detect
" Sealed Radioactive Sources.
(1) CurTent mdustry practice. of amencium-241 contammation. Other Classification." pubhshed by the havmg wntten agreements bet *een types of accidents could also result m National Bureau of Standards (NBS bcensees and well owners or operators high radiation levels. thus. a high range Handbook 126) m 1g78.
has worked satisfactonly for the last 20 survey meter mey be needed. The However. sealed sources used in well-
) ears bcensee could own the mstrument or loggmg are sub ect to more sesere i
39' P R.3 Apnl30.1985
1 l
1 P RT 39
- LICENSES AND RADIATION SAFETY REQUIREMENTS FOR WELL LOGGIAG wenn uf the fresh water eqwf*r L Operating crd Enemercy P:vceda:es m'ammated equipment. areas. or M m r c.oacta e catammatar.
tyc..;se most uncesed weMs are-The proposed rule il 39 63l would msonnel Cmdance on retrase of e
p~- ar4 encountered m rn.ner.1 ggg g
g equprnent or areas for unrestnc:cd use Mrwrg hcensees performmg mmeral fodow written ocedures for well-is as. able case.b><ase from the NRC Wna operanons may want to pronde lo g:ng operahons and for deshna with In genen lims simdar M,hu in spec.f:e comments on this repre ent emereencies Thew written procedures Regulatory Gade 1.36 snowd be met.
esrenaih on the feasibi n nf pwectae w ould a:so be used as (1) tramma The bcensee may pen,orm the ensis for mouuenng lwng decontarnmauon or use a contractma or supervisors and loggmg assistants (2) caswtmg semce to puform it These A P&ng reference matenals at a field stahon and requinments an imponant to avoid the Mthogh general requirerr.ents on at a temporary lobsite. and (3) pens:bdity of mecusary wide-spread estrt.ctwn and traming are spec 4ed m supporting docuanents m heensmg contammaten if a sealed source is 10 CFi41912 and 30.3m pl. the apphcations ruptured. The monitonng would detect prcposed rule (l 39 61) would estabbsh contammation from a source rupture
.V Pepel Alonstonng cedRadestlo" spetic t:4mmg requtrements for S m,y, and the trutiation.of emergency rocedures would limit the spread of fnts ne prep sed rule (139 65) would contammation. Furthermore, n e o e
p uhilded from permittmg an mdmdual require that loggmg supervisors and decontamination,would prevent to perform well-loggmg operations lowng assistants wear personnel contaminated oblects from leaving the unless the mdividual has been properly monnonna equipment et all times durtrg site and thus funher prevent wide-tramed m accordance with the the w elldowns operation. The spread centsmmation to pubhc areas.
requirements specified m this section requirements in i 39 83 (a). (b). and (c)
Tre nmg is needed to provide radiation are specific applications of the existmg O Sec.mty workers woh sufficient knowledge and broader requirements in ll 20.106.
The proposed rule (139.71) wouid practical expenence on radiation safety 20 202. and 20 401 respectively. Dese require that the licensee mamtain to ensure safe use of hcensed matenals.
requirements a e repeated in this part survedlance and control of the tobsue's The level of knowledge they would need because they consutute key features of a restricted areas (aa defined in Part 20) w ould depend. of caurse, on their rad;ahon protection program.
and prevent t.nauthonzed personnel.
responsibibties.
Similarly, the proposed rule (139 67) such as employees of an od company or For loggma supemsors. the proposed would also require that the licensee drdimg company from entenna e rule would require, at a mmimi.m. 40 conduct radianon surveys. We restncted area. This requirement is hours of formal classroom trammg m the requirement is a specific application of needed to avoid the inadvertent subiects listed under i 39 61(e).
the existing broader requirement m exposure of these personnel to furthermore,it would require that en i 20 201. " Surveys? Instead of the 2 radiation.
md.udual must have, at a mmimum. 3 years retenhon for survey records as months of on.the. job training This specified m i 20.401. a 3-yes.r retention P Documents and Records Required at requirement is needed to ensure that a penod is proposed because the NRC F/P/dStat/ons and Temporary /ol's/fes loggmg supemsor has sufhcient mspection penod is every 3 years for prectica! expenence on radiatton safer) well logging licensees.
The proposed nde (il 39.73 and 39.75) procedures to handle routme operations If gaseous or volatde tracer matenals would require that certam documents and unanticipated emergencies m a safe are used, the licensee may be required and records be kept at a field station or to pronde bioassay senice t a temporary jobsite. These records are manner.
Because logging assistants work onder individuals handung the tracer materials needed so that operanng personnel can the personal supemston of a loggma (l 39 SMb)). Whether a bioassay is have easy access to the documents they supemsor. their trammg requirements needed depends on the type of need to perform the job to fenow any can be less sinngent than those for the radioactsve matenals and quant ty used E'" " " * ' #"
logyng supernsors The proposed rule For example. Regulatory Guide 4.20.
eme gency proceduree if an accident would require that an assistant be
" Applications of Bioassay for 1-125 and ccun. Reeds d ndanon et mstructed on apphcable sections of I-131." states that bioassays should be metrument cabbrations. sealed source Paris 19. 20. and 21. and on the performed when individuals work in leek tests. etc are needed for the hcensee operstmg and emergenc) field operations with more than 50 bcensee to make safety checks or to procedures. it would also require that m21hcunes ofI-125 or 5-131.
check schedules for maintenance. De the tndwidual be able to use remote recordkeeping requirement would also tools. survey instruments. etc.. to N Contamination Contal enable NRC inspectors to determine perform work properly under the The proposed rule (139 09) would whether the requirements have been supemsion of the logsms supervisor.
regare that beensees monitor for met The proposed rule would also require radioactive contammation durms fishms q, potjf,cocion of fncidente and Lost that leggms eupemsors and loggmg or source recovery opereuons, iruttate Sources and Abandonment Procedures ass. stents berettsmedannually after emergency procedures ifs sealed source forIrretnerable Sources their mitial trainmg. nie penodic ruptures and decontamina.e any retrattung is needed to: (1) Refresh their equipment. personnel or environment ne propored rule (l 397/le)) would understandmg of basic radianon safety that is contaminated. his requirement require. in addition to general reportmg practices. (2) instruct them on any new is needed to assure that any rupture of a requirements in Part 20. immediate procedures or on the use of new sealed source in a well danns a fishms notificataon if (1) bcensed material has radiation detection instruments and new i
opershoo is detected and reported and been lost in or near inshwater aquifers tools and (3) review regulatory that emergency procedurse are trutiated or (2) e sealed source has been ruptured requirements or new regulations which Also. paragraph (c) would require that at the beensee s fac!bty or temporsry l
may affect their work.
the hcensee decontammate any lobsite. As requirement is needed 39 PR 5 Aoril 30,1985
4 PART 39 e i.lCENSES AND RADIATION SAFETY REQUMEMENTS FOR WELL LOGGIN'G tat of Subjects 10 CFR Parr 150 5=***n H " *o****
w in CFR Part 19 Hazardous mater als transpertattom
,, y g g,oy,,,,,y,.m Ens ironmental pmtection. %clesr Wp emnW em Mar m renais. Nuc! ear power pt.nts.nd matenals. Penalty. Reportmg and t>oert G--Entoccoment reactors Occupational safety and rec rdkeepmg requirements. Secunty J9 in1
\\,'u,a s ier s be.ith Penan Radiatien protection n easures. Yource material. Soccul Authonir Secoces 53 5* 6; u 65 >> 81 Reportmg and recordkeepWt nuclear matenal a: 161 18: 183 186 68 5 91 9 9. 93o. 931 requirements Ses discr: min.nohon For the reasons set out m the en *14 935 448 953 9M 955 as ameaded.
vc 04 s) Stai 444 as ameaoed t4: USC g gg pg g pee.mble and under the authont) ef the m 3 m :os3 m m m 2 -m Atomic Ene gy Act of1954 as amended
- 36 0:82: se s 2o1 as a-enced 20: :os as B product matenal. Licensed the Energy Reorganization Act of 19*4 St.t 1:4: as e e.ceo n a4 u m.4: U%C 3
maienal. Nuclear matenals. Nuclear as amended. and 5 U S C. $$3. the NRC sa41 544: 564m power plants and reactors Occupational is preposing to adopt 10 CR Part 39 For purposes of sec 2:3 68 Stei 95e o safety and health. Packeging and c.mtamers. Penalty. Radiation it is proposed to amend to CR s'
- eMed #42 U S C :273) Il 3915 39 31-full ws.
39 St. 39 6t-39 r* are issued under sec.16tb protection. Reportmg and recordkeeping os siat s+a as amended i4:U S C :.: cub.i.
requirements. Special nuclear matenal
- 1. Part 39 is added to 10 CFR Chapter I and il 3915 39 33-39 43 39 61-39 6*. 39 n-Source matenal Waste treatment and to read as follows:
Je " are issued under seC 16to M stat 05n dispos al.
as amended l4:U S C. 2271[ou PART 39-UCENSES AND RADtAT) Cat 10 CTR Port 21 SAFETY REQUIREMENTS FOR WELL-
- " A Nuclear power plants and reactors.
MM OMMMS I m W ee W scope.
Penalty. Radiauon protection. Reportmg g,,,,,, g q,n,,, g_ _
(aj This part presenbes requirements and recordkeeping requirements.
for the issuance of a bcense authontmg 10 C/R Dort30 8
Purpose and scope sealed sources. radioactne tracers.
B3 product ma'enal. Gos ernment
[
[on, radioacute markers. and uranium smker contracts. Intergov erreental rela tions' Isotopes. Nuclear matena.s. Penalty.
39 a information collection requirements bars m well loggmg operauons m a oMaapproval.
smgle well. This part also presenbes Radiation protection. Reportmg and recordkeepmg requirements 8"W*"
MW radiation safety requirements for peesorts usmg hcensed matenals m to CA hrf 39 these operations. The provisions and 39 11 Apphcation for a spectfic hcense Byproduct matenal. Nuclear matenal.
39 13 Specific heenses for well-loggma requirements of this part are in addition to. and not in substitution for. other Oil and gas exploranon-wellloggmg.
opuan ns requirments of this chapter. In Penalty. Reportma and recordkeepmg
- "j',Q,U]*"
'"j 8"'"' ""h particular, the provisions of Parts 19. 20.
requirements. Scientific equipment n 17 Regvut for wnnen statements
- 21. 30. ee. 70. 71, and 150 of this chapter Secunty measures. Source ma tenal-Special nuclear matenal.
suemort C -fedoment Centres apply to apphcants and hcensees avbtect to this part.
g c7p pgg 39 31 Labels. secanty and transportation (b) Die requirements set out in this be detection instruments part do not apply to the issuance of a Cosernment contracts. Hazardous m 33 matenals-transportation. Nuclear 3925 Ink tuting of sealed wu en hcessee authontmg the use of heensed matenais. Penalty. Reportmg and 39 37 Phsicalinuntory maunal s meu edu Mmg recordkeepmg requirements. Sourt,e MM Unhsanon reco*
mApk wds. e g, M Ming matenal. Uranium.
M 41 Dnign and pe&nnanca crHens k sh seekd sources.
10 CfR port 31 30 43 laspection. taalnaenance and ope msgt I
of a source or source hoider.
"Casms rneans a metal pipe or tube Admmistrative practice and so 45 subeurfew tracer studres.
weed as a iming for oil or gas wells to procedure. Environmental impact 3e 47 Radioacuve aurkers.
prevent collapse of the well-bore.-
atatement. Nuclear matertale. Nucleas seas Uranimei anker bars.
power plants and reactors. Reportmg M 51 Un of a anlad sourca in a well
.'Tield sution" means a facihty where and recordkeepmg requirements.
without surface casus bcensed matenal may be stored or used ud from which equipment is dispatc* d 10 CTR her ?D 8" pen 04emsen sessey insomessomme to temporary jobsites.
29 61 Trainms
" Fresh water aquifer." for the purposa Herardous mateir' sis-transportation containers nelty R d n
tion ta pab ofy iding a a,
protection. Reporting and recordkeepmg a se Radioactwe contamination canoel a m unto tu wate to a n measu seawan E-4eour% h Issensuemme matenal Iu er t n oci"means a device used MM Securny.
Ier controlled subeurface miection of n?3 Docuasents and records regnered at redroactive tracer matenal 10 CTR Pon 71 field stauona.
Mmble wil.logpg source
Hazardous matenale-transportation.
nda$ records recumd atmeans any sested source contamias Nucleat matenals. Packsgma and M ?? Notification ofincidents ud ne, leooneed rnatenal that is pulled off or not contamers Penalty. Raponmg and wuren: abandonment pmcedurn for connected to the wirelme that suspends recordkeepmg requirements emrtr$evabk sourma the source m the well and for which all 39LPR.7 Aprd 30,1985
1 i
PART 39
- LICENSES AND RADIATION SAFETY REQUIREMENTS FOR WELL LOGGING h r pm,h'e :eakage and contaunsoun
{C) ne d re the some was mihenM pc'senrel The hcm -
and surmt a desenpt on of these abandoned.
shall store I; censed matenal m a meer J
rruedures ia re Commission The (D) The narre of the well onrer or which will minimize danger from destnption must mclude the~
weil operator, as apprepnate, esp!C5 C*l Of I'fC Iq instr.imentaten to be used (F) The well name and well 121 The licensee shalllock and ta) W19od of performma test and identification nemberts) or other ph secally secure Ine transpor: p. ice M Pen. rent e=perience of me person des enation:
contamirm heensed matenal to t'e e.o ul perform re test (F) An identificanon of the seaied transportmq schicle to present 121If an a;pi' car.t wants to use a lea; swrce's) by radionuchde and qt. ant.ty:
act: dental loss. tampenng. or
'esi ht. d shi.] Wennfy the IG) The dep:h of the source and depth unauthonzed remos.1 of the !:cersed manufacver and the model number of to the Mp of 2e plug and rnatenal from the sehicle, tr'e bt M An appropn te warn ne such as (c) Tecv5;uraten p.ecreens The "DO NOT RE ENTER TlilS WFLL" kcensee shall comply with the 13915 Requirereent for an agreement (u A hce'tsee may apply under i 39 91 apphcable provisions of the
=etn weet owner or operator.
for Co smission case by-case approval transportation regulations presenbed m (a) A heensee shall not perform welb of proposed procedares to abandon an Part 71 of th:.s chapter. (Transportaen logg.ng mth a sealed source unless it irretnevable well-loggmg source m a of radioactne matenalis also subiect ta esecutes a wntten agreement with the manner not otherwise authonzed in the Department of Transportation s we!! owner or opera'or whicheser paragraph (b)(4) of this section.
regulations in 49 CFR Parts 171 thro.igh engaged the hcensee to perform the 178 which include provisions for proper w ed-leggmg operation. The bcensee packaging, markmg.nd labchng shall retain a copy of the wntien Each Scerme is deemed to contam fhe placarding of the transport schicle.
agreement for 3 years after the condition that the hcensee will. at any monitonng. accident reportmg and for completion of the well leggmg operation.
time before expiration of the bcense.
shippmg papers j (b) This wntten agreement must upon the Cornmission's request. submit specify that; wntten statements. signed under oath or j 33.33 Mauon detection instruments.
(1)If a sealed source becomes lodged affirmation, to enable the Commission to (a) The licensee shall keep a m the well, a reasonable effort will be determine whether or riot the license cabbrated and operable radiation made to recover it; should be modified. suspended. or survey instrument at each field station (21 A person may not attempt to revoked.
and temporary jobsite to make the recover a sealed source in a manner radiation surve)s that are required by w hich, in the h:;ensee's opinion. could Subpart C-Equipment Control this part and by Part 20 of this chapter.
resait in its rupture:
1 39.31 Lat>ela, securtry and To satisfy this requirement, the (3)If the environment or if any transportation precautione, radiation survey mstrument must be equipruent or pe:sonnel are (a) Labels. (1) The licensee may not C 8 P* d' OI S'"""8 M m'U '"'8'"
contammated with bcensed matenal-use a source. source holder, or loggmg per h ur through at least 100 they mast be decontemmated before tool containmg hcensed matenal unless nulbrowgens per hour. Survey release from the site or release for it bears a durable, legible. and clearly instruments acquired before lone year unrestncted use; and visible markmg or label. The label must after the effective datej snd espable of (4) If, after reasonable efforts at contam the radiation symbol specified measurmg 0.1 miihtoentgen pet hour recovery have been expended. the in l 20.203 of this chapter, without the through at ! cast 20 milbroentgens per sealed source is classified as conventional color requirements, and hour also satisfy this requirement until irretnevable the followmg requirements the wording " DANCER (or CAUTION)
[5 years after the effective date).
musi be implemented withm 30 days RADIOACTIVE MATT. RIAL" The label (b) the bcensee shall hase svaglable after a sealed source is classified as must be on the smallest component that additional cabbrated and op,erabie irretnevable:
contams the licensed matenal radiation detection mstruments capable (i) Each irretnes able w ell-logging transported as a separate piece of of detecting radiation and contammation levels that could be source must be immobahred and sealed equipment.
m place with a cement plug-(2) The licensee may not use a storage encountered dunng well-logging (iin A whipstock or other deflection or transport container to store or opuntmns orin the event of an i
deuce must be set at some point in the transport licensed material unless it has accident. The licensee may own the well above the cement plug. unless the permanently attached to it a durable.
instruments or may arrange to obten cement plug and source are not legible, and clearly visible label. The them from a second party.
accessible to any subsequent drilling label must contain the radiation symbol (c) The beensee shall have each operations. and in conventional colors, and the wordmg radiation sursey instrument require 1 (iii) A permanent identification
" CAUTION for DANCER).
under paragraph (a) of this section pla que, constructed of long lastira RADIOACTIVE MATERIAL NOTIFY cabbra ted--
maienal such as stamless steel brass.
CIVIL AUTHORITIES (or NAME OF (1) At intervals not to exceed 6 bronte. or monel. must be mounted at COMPANY)."
months and after instrument servicmg.
the surface of the well. unless the (b) Secuntyprecoutions di;rms (2) At two points located mountmg of the plaque is not practical.
storose and transporroten. (1) The approstimately 1/3 and 2/3 of full scene The site of the plaque must be at least 7 licensee shall store each source on each scale (for loganthmic scale. at inches square and %. inch thick.The containmg licensed matenalin a storage mid range of each decade. and at two plaque must contam-contamer or transportation package, pomts of at least one decade); and
( Al The word "CAlfTION".
The contamer or package must be (3) So that accuracy withm pbs et (B) The radiation symbol (the color locked and physically secured to mmus 20 percent of the true radiation requirement in i 20.203 of this chapter prevent tampenng or removal of level can be demonstrated on each need not be met).
heensed matenal frorn storage by scale.
39 pR.9 Aoni 30,1985
1 PART 39 a LICENSES AND RADIATION SAFETY REQUIREMENTS FOR WELL LOGGING nh w u P 1 wsfor & *n
< "no.ms proceddes for r%tt t!.r;,;
Hi D a d '
.4 h) the Cem un in <c zo cs are spec.hc4 aprot d bs qunnt3 of thtn.1 R;!f ee msm. tion cuaduced eder the Com%ss.on (m) llaards uf npus,re ta ra / <
yarg n 1.) of ts senon res ci,s m j [.ps c;s of tA. on frr r % d am:e o tre Whrs or to rcrapenen's Subpart D--Radiation Safety m.tenal e r.t.r# 'r rs vn soft ') d e brensee Requirements p ) g thed. cf cont e!!mg r.J w n i
Mt rr.ne tN e t cm senice unnt w msae M
{3961 Trammg DOS':
t d, Rem S., i o so 4 d 6
< e P, m a fal The 1 censee may not per riit an
( A) Work:ns Lme mrre rM N r.. r.. m c n mdmdu.! to act as a losg:rg supenisor g g.
g scoVJ so :.r*
ars or pressa untd that person IC)S$ueid-]'
"num n e e. sco ed sources are
[1) Has coq.eted at least 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> of pWd er on cPer equ rment I rmal traimns in the subjecs outhned i om na a seed source mas not be in ratagraph (c) of this section.
and methods of decontamm.t'e n+ rmeJ t.nHs a wrmen mstructmn
(:l Has retened copies of and (2) Rad:at:on detecticn
,rsructiun m mstrur entation to be useo e ca t uf the hctnse app.. cation lil NRC rer lations contamed in this (i) Use of rad:ahen smev
[elIf a scaled scur*ce is stuck m the part and m the apohcable section o[
instruments..
mrce holder or !acrcy tool the parts 19. 20. OL 3a 40. 70 and 71 of this
( A) Operation; hrenste r av not perform any operation, chapter:
(D) Cahbrahon.
sus h as driii.ne cuttin;; or ch4sehng. on (n) The NRC bcense under which the (C) Linutations, the source hnider or logsrns tool. unles, IcRgmg supervisar will perform wdl.
lis) Survey techniques; it is spec.fical!) hcersed bs the loggmg operanons. and (ui) Use of personnel monitenng Commission to perform the operation (m) The hcensee~s operatmg.
equipment:
(f) The repa:r. cpemng or recordkeepmg. and emergency (3) Equipment to be used.
modification of any sealed source must procedures:
(i) Handling eqmpment and remote t:e performed en!y bi persons (3) Has corrpleted 3 months of on-the.
handhng tools-specif ca!!y bcensed to do so tv the job trainmg and demonstrated (ii) Licensed materials:
Comrn:ss.on.
~
competence m the use of licensed (iii) Storage. control and disposal of matends. remote handhng tools, and equipment and bcensed matenal.
I 39 as suesurface tracer stud.es.
rad.ation survey mstrumcnts by a field (iv) Operation and control of (a) The hcensee shall require all evaluation; and equipment and hcensed matenals:
- ersonnel bandhng radioactn e tracer (4) Has demonstrated understandmg (v) Maintenance of equipment
matenal to use protecove gloves and of the requirements in paragraphs (a)(1)
(4) The requirements of pertment clothms and omer appropnate and 12) of this.secuon by successfully Fedral and State regulanons: and cqu:pment. The hcensee shall take completmg a wntten test.
'(5) Case histories and potential precautions to ascid mr3estion or (b) The hcensee may not permit an consequences of accidents in welb mbalanon of radioactise trace rnatenal individual to act as a loggmg assistant loggmg operations.
and to avoid contammanon of field untd that person:
Maisuns and temporary jobsites.
(1) Has received instruction in i 39 as operstmo and megency iBioassa) senices may be required by apphcable sections of Parts 19. 20. and D'****'
i 39 GSM i 21 of this chapter-Each licensee shall develop and th! A bcensee may not miect hcensed (2) Has received copies of and follow wntten operstmg and emergency matenal mto fresh aater aquifers unless spenhcally acoraed to do so by the instruction m the hcensee's operatmg procedures that cover instruction in-Comm:ssion and emergency procedures:
(a) The handhng and use of heensed (3) Has demonstrated uderstanding of matenals to be employed so that no 4 39 a7 Rao.oactive marters, the materials hsted in paragraphs (b)(1) individualis likely to be exposed to and (2) of this section by successfully radiation doses m excess of the limits ra ca t r ar er n 11 : unless the c mplatmg a wntten or oral test; and established in Part 20 of this chapter:
mdmdual marker contams quantities of (4) Has received instrucuan in the use, (b) Methods and occasions for hcensed matenal not exceedmg the under the personal supervision of the conducting radi. tion surveys:
specified quan:ities m i 1011 of this I ggmg supasor, of tracer matenal.
(c) WMs ad xcams b bcks cha pter.
sealed sources. remote handling tools, and securmg licensed matenals:
and radiation survey instruments.
(d) Personnel monitonng and the use i 31 de Uramum senker bars.
(c) The bcensee shall provide for the of personnel monitonng equipment:
The hcensee may not use a uranium annual rettaming of loggmg supervisors (e) Transportation of licensed smker bar m w e!! loggmg operations end loggmg assistants.
matenals to field stations or temporary af ter lene lear from the effectn e date of (d) The hcenses shall maintain a jobsites. meluding packing of hcensed the rulel unless it is legibiv impressed record of each logams supervisor's and matenals in vehicles. placardmg of w <th the w ords " CAUTION.
loggmg assistant ~s trammg. including vehicles when needed, and physically R ADIOACTIVE DEPLETED URAN!L'M' copies of wntten tests and dates of oral secunng hcensed matenals to transport and " NOTIFY CIVIL AUTHORITIES (or tests. for J years followmg the vehicles dunng transportation to COMPANY NAME)IF FOUNDy terminahon of employment.
prevent accidential loss, tampenng. or (el The bcensee shall melude the unauthorized removah i 33 51 Use of a seated source m a well followmg subiects in the formal tramms (f) Minimitmg personnel exposure.
witnout surface cmg.
required m paragraph (a)(1) of this including that from mhalanon and The hcensee may not use a se. led i
secuan; ingestion of bcensed matenals. dunng source m a well without a surface casing (t) Fundamentals of radiation safety:
well-logging operanons and m the es ent des'gned to protect fresh water aquifer b) Charactensucs of radiation; of an accident; I
1 i
I 39.PR.11 Aptd 30.1985 l
PART 39
- LICENSES AND RADIATION SAFETY REQUIREMENTS FOR WELL LOGGING IM6 ' h"d '
nrmce mt6 w.Mc+cwelutohr dehnse and secun'y dad are t +
- w v
- ocahon enJ desoM the mqnitade and m the puuhc irm rest 9 ln 1 4 c.p e a M it d is estent of heenced matenals. essess Ine cended % sudm 29 a nd 13 corscquenws of the loss or rupture and Subpar 1 G-Enf orcement tMoqn M in the hrC sen'e ce enlam effons ;larr;ed or bemg taken t 1 39 101 weistions.
8 30 "i
b the la) An miunction or other cour order t
ce sa Cem:soon of incidents and sources may be c.btamed to prohibit a no.o en to e p 11. praaph :.} :s lost. o&er than m me welin f any musion of this part, anended t, acem; anc n ' af cr 31 acccrdance mth ll 20 402. 20 403 a nd M A c un order may be obtamed for thruu;;5 35 2t,4^5 cf %s thei r IFe paymant of a ciul penahy impescd f cilf a sealed murte becomes !oded IC' ""d ! O N CI
- 8 P'*
I 30 13 l#* * 'd3 m a well and wFen it becomes appa' rent (c) A.g person W wdQ uola9s 33 gec.mn 3n 13 :s amende3 hv in,t efforts to recover the scaled Source 3M P'O' 'U" OIIb' PI 'ssued under addmg ' and W a'rer "]t throgh 35 section 161 b.. i. cr o of the Atomm wdl not be successful. ihe hcensee Energy A:.t of 1954. as amended. or t.he i 30.ta ( A mended l gy ill Adose the well owner or opaator, prousions cited m the authonty citation as appropnete. of the abandi.: meni at the be6mnmg of this part may be 1
14 pam,4 a q
procedures under l 3915 lb) or (c) and gdy f a crime and upon conviction, amended by addir.g ^ att 39, aner,31 ensure that these prxedures are may be pimished by fme of through 3a and parag apr: :c)is implemented withm 30 days after the imprisontrent or both, as provided by amended by remo mg 'and 34 and la w.
addmg '34 and 39' after ' 32. 33 sealed source has teen classified as mtnevable. a nd PART 19--NOTICES. INSTRUCTIONS, i 30.15 l Amended)
(2l Notify the appropnate NRC AND REPORTS TO WORKERS;
- 13. In i 3015. paragraph (a)is Regional Office bv teiephone of t.he SPECTMS circumstances of the loss. and request amended by addmg "and 39" after "31 approval to implement abandonment I 19.3 ( Amended) throu;h 35" procedures-
- 2. Section 19.2 is amended by addmg I *" I#""d"I (d) The hcensee shall. withm 30 days "39." after " Parts 30 through 35."in the after a sealed source has been classified first sentence.
- 14. In i 30.18. paragra ph (a) is r
as irretnewole. make a report in amended by addmg "and 39" after "30 -
wnttmg to the appropriate NRC i 19.3 IAmended) through 34" Re;ponal Ofhce The bcensee shall send
- 3. Section 19 3(d)is amended by a copy of the report to each appropriate addmg "39." after " Parts 30 through 35."
l 30.31 ( Amended)
State agency that has authonty over the in the first sentence.
- 15. Section 30.31 :s amended by particular well drt!!ina operation. The report must contam the fo!!owmg P ART 20-STANDARDS FOR adding..and 39.. after. 32 through 35..
information.
PROTECTION AGAINST RADIATION i 30.33 ( Amended l l1) Date of ocenrrence:
(2) A description of the irretrievable l E3 ! Amended
- 16. Section 30.33. paragraph (41(4) is well loggmg source mvohed. meludmg
- 4. Section 20.2 is amended by adding amended by adding "and 39" after "32 radionuchde. quantity, chemical and "39." after " Parts 30 through 35." m the through 35".
physical form; first sentence.
(3) Surf ace location and identificataen i E34 ( Amend *d!
g g3 g g,n,g j
( R: to of efforta to immobihza ad 5 * "* I !$
(b re a ende add ng d 39 P sN E..
an sea e source in p ace.
aftu "31 through 35"; paragraph (c) is 15)[*pth of the source; amended by adding "and 39" after "31 (6) Depth of the top of th e cement PART 21-REPORTING OF DEFECTS through 35"in the first and the second AND NONCOMPUANCE sentences: paragraphs (d) and (e) are Depth of the well.
amended by adding "and 39" after "31 (8) Any other mformation (e g I 31.3 ( Amended) w ernmg statement) contained on the
- 6. Sect)on 21.2 is amended by add.ng permanent identificatton plaqur.
"39," after "34. 35."in the first sentence.
i 30.39 I Amended!
- 19) Notifications made to State egencies; and P ART 30-RULE 3 OF GENERAL
- 18. Section 30 391s amended by (10) A bnel descnption of the APPUCABILfTY TO DOWESTIC addmg "and 39" after "32 through 35".
attempted recovery effort.
UCENSING OF BYPRODUCT MATERIAL I3038 I"***'*d I Subpad NEmemphs
- 19. Section 30.56 is removed.
I 30.4 t AmendedI l 29 9t Applications for esempeens.
The Commission may upon d,d y'a$n's an 33" aft t 31 apphcation of any mterested person or through 35". and paragraph (a) is upon its own initiatiu. grant such remos ed-l a0.5 ( Ameaded) eneniptions from the requirements of the regul4tions m this part as it deternunes i 30.5 ( Amended j 20 In i 40.5. paragraph (b)(1)is are authorized by law and will not
- 8. Section 30.5 is amended by addmg amonded by addmg "33." after "30 endanger life or property or the common "and 39" after "31 through 35".
through 35J in the first sentence.
39-P R.13 April 30,1985 l
.-.