Scope of Exemption in 10 CFR 20.303 (d) for Disposal of Patient Excreta in Sanitary Sewers
HPPOS-035 PDR-9111210162
Title: Scope of Exemption in 10 CFR 20.303 (d) for
Disposal of Patient Excreta in Sanitary Sewers
See the memorandum from W. J. Olmstead to H. E. Book dated
October 13, 1982, and the incoming request from H. E. Book
dated August 31, 1982. It is an OELD opinion that the
exemption in 10 CFR 20.303 (d) applies even when disposals
of patient excreta do not follow direct routes from patient
to sewer (e.g., urine samples sent to a laboratory for
analysis). Thus, records need not be kept per 10 CFR
20.401 (b). The health physics position was written in the
context of 10 CFR 20.6, 20.303, and 20.401, but it also
applies to the "new" 10 CFR Part 20, Sections 20.1006,
20.2003, and 20.2108.
During an inspection in a nuclear medicine laboratory, a
Region V inspector asked a medical technologist if any
I-131 waste was disposed to the sanitary sewer. When the
answer was affirmative, the inspector asked to see the
record of such disposals required by 10 CFR 20.401 (b) [or
10 CFR 20.2108 (a)]. He was told that no records were
kept. On the basis of that information, a Notice of
Violation was issued, including a citation for
noncompliance with 10 CFR 30.51 (a) and 20.401 (b) [or 10
CFR 20.2108 (a)], both of which require records of disposal.
The licensee responded that urine collected during uptake
studies and containing I-131 was disposed to the sanitary
sewer after being held for some decay. While some records
were maintained, they did not include the quantity of I-131
in the urine at the time of disposal. The physician
stated, as part of his corrective action, the quantity of
I-131 in microcuries would be recorded for each disposal.
Region V told the licensee they would request an
interpretation of the regulations. It was suggested to the
licensee that he continue to maintain records of the
disposals, but that he would be informed the contents of
the interpretation when received.
10 CFR 20.303 [or 10 CFR 20.2003] specifies the conditions
under which licensees may dispose of licensed material by
release into a sanitary sewer system and provides only one
exception to these conditions. That exception is contained
in 10 CFR 20.303 (d) [or 10 CFR 20.2003 (b)] which states
in part:
"Excreta from individuals undergoing medical diagnosis or
therapy with radioactive material shall be exempt from any
limitations contained in this section."
It is an OELD opinion that as long as two basic conditions
of the exemption are satisfied, licensees are permitted to
discharge patient excreta into sanitary sewers without
limitation. The two conditions for exemption that must be
satisfied are: (1) the matter to be disposed of must be
excreta, and (2) the excreta must be obtained from
individuals undergoing medical diagnosis or therapy with
radioactive materials. OELD also expressed the opinion
that exempt disposals of patient excreta should not be
subject to the recordkeeping requirements contained in 10
CFR 20.401 (b) [or 10 CFR 20.2108 (a)].
In must be noted that in accordance with 10 CFR 20.6 [or 10
CFR 20.1006], the opinions expressed by OELD do not
constitute an interpretation which will be recognized as
binding upon the Commission.
Regulatory references: 10 CFR 20.303, 10 CFR 20.401, 10
CFR 20.2003, 10 CFR 20.2108
Subject codes: 2.1, 9.0, 9.7
Applicability: Byproduct Material