U.S. Nuclear Regulatory Commission

Disposal of Exempt Quantities of Byproduct Material

HPPOS-190 PDR-9111210300

Title: Disposal of Exempt Quantities of Byproduct Material

See the memorandum from L. J. Cunningham to M. M. Shanbaky

(and others) dated February 12, 1987, and the memorandum

from R. L. Fonner to J. C. Partlow dated January 30, 1987.

Sections 20.301, 30.14, 30.18, and 40.13 (a) of CFR Title

10 do not authorize waste disposal by transfer of exempt

quantities of byproduct and/or source materials to persons

who do not hold a specific NRC license authorizing them to

receive it. The health physics position was written in the

context of 10 CFR 20.301, but it also applies to "new" 10

CFR 20.2001.

In your memorandum of January 7, 1987, you ask if OGC had

any legal objection to OIE continuing to view 10 CFR 30.18

as not authorizing disposal of exempt quantities of

byproduct materials. Your question was prompted by an

internal OELD memorandum that noted an ambiguity in 10 CFR

30.18 that should be corrected in order to present a rock

solid basis on which to take issue with a licensee's

reliance on that provision to justify disposal of small

amounts of radioactive wastes.

The issue in this office was precipitated by a memorandum

from the Region II for a legal reading of the regulation in

question. Material submitted with your memorandum of

January 7, also demonstrates the confusion surrounding the

citation of 10 CFR 30.18 and the need to clarify the

application of the regulation to disposal of exempt

quantities of materials. You agree with the need for

clarification but propose in essence that the agency

proceed with enforcement prior to such clarification on the

view that 10 CFR 30.18 does not authorize disposal or

transfer for disposal of the exempt quantities.

There is no objection to adhering to that view. A case can

be made for it based upon a long term agency understanding

that 10 CFR 30.18 does not authorize disposal or transfer

for disposal (see, for example, the note from Eric Jakel to

Leo Wade dated June 10, 1975). Because there is some

confusion in the record, however, it is not risk free.

Therefore, we continue to urge prompt initiation of a

clarifying rule.

Regulatory references: 10 CFR 20.301, 10 CFR 20.2001, 10

CFR 30.14, 10 CFR 30.18, 10 CFR 40.13

Subject codes: 3.5, 9.7, 12.10

Applicability: All