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