NRC puts import license for DU counterweights from UK on hold
Date: Fri, 26 Jan 2001 20:39:53 +0100

uncorrected OCR text from ADAMS: (image file also available)

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January 22, 2001
 
Mr Don Barbour
Philotechnics, Ltd.
P.O. Box 4489
Oak Ridge,,TN 37831A489
 
Re:  NRC Import License (IWOIO) Issued November 8, 2000

Dear Mr. Barbour:

This is in reference to license IWOlO issued on November 8, 2000 by the U.S. Nuclear Regulatory Commission (NRC) tb Philotechnics, Ltd. authorizing the import of depleted uranium metal in aircraft counterweights from various facilities located in the United Kingdom into the United States to recycle certain reusable materials and dispose of the non-reusable materials. As you know, the license was issued based upon our understanding at that time that Philotechnics would be authorized to dispose of the non-reusable materials at the facility owned by Waste Control Specialists L.L.C. in Andrews County, Texas.

In a letter dated December 7, 2000, the Texas Department of Health notified the NRC that disposal of the non-reusable materials at the Waste Control Specialists' Andrews County, Texas facility would not be authorized under the Texas Administrative Code contrary to the NRC's information at the time the license was issued. The NRC's regulations for the import of radioactive waste (10 CFR Part 110.43) include a requirement that "an appropriate facility has agreed to accept the waste for management or disposal." Pursuant to Section 182 of the Atomic Energy Act, we request that Philotechnics provide written confirmation, addressed to the undersigned and within 20 days from the date of this letter, that it will refrain from importing any depleted uranium under license IWOl 0 until arrangements for disposal of the non-recyclable radioactive materials have been made in conformance with applicable law, and the NRC has received verification of such arrangements. Upon receipt of your confirmation, we intend to amend license IWOlO to reflect this exchange of letters.

Please contact Mr. Marvin Peterson at 301-415-1771 or Ms.Betty Wright at 301A15-2342 if you require further information.

Sincerely,

b
 
Ronald D. Hauber, Deputy Director
Office of International Programs

cc:   Ruth E. McBurney, CHP, Texas Department of Health
Robin DeLaBarre, Department of State
Frederick Combs, 9STPINRC

TDH,,,~
Texas Department of Health
William R. Archer m, M.D. 1100 West 49th StreetPaul 3. Patterson, M.D., M.P.H.
Commissioner Austin, Texas 7S75~3189 Executive Deputy Commissioner
(512)458-7111
Radiation Control (512) 834~6688
November 29, 2000  Ref: IWOlO

m

U S NUCLEAR REGULATORY COMMISSION
ATTN RONALD D HAUBER, DEPUTY DIRECTOR
OFFICE OF INTERNATIONAL PROGRAMS (4E9)~ WASHINGTON DC 20555-0001

Dear Mr. Hauber:
~   2
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This is in reference to (1) your letter dated August 2, 2000, to Richard Ratliff, Chief, Bureau of  - -~ Radiation Control (BRC), Texas Department of Health (TDH), (2) U.S. Nuclear Regulatory Commission (NRC) Import License Number IWOlO, dated November 8, 2000, (3) a telephone conversation, November 27, 2000, between Mr. Marvin Peterson of your office and Mr. Peter Myers of my office, and (4) a telephone conversation, November 28, 2000, between Mr. Don Barbour of Philotechnics, Inc., and Mr. Peter Myers of my office.

The exemption for depleted uranium aircraft counterweights in both U.S. NRC regulations title 10 Code of Federal Regulations Section 40. 13(c)(5)] and TDH BRC regulations (Title 25 Texas Administrative Code (TAC) Section (§) 289.251(d)(3)(E)] is applicable only to counterweights installed in aircraft or stored or handled in connection with installation or removal of such counterweights; and~ manufactured in accordance with a specific license issued by the NRC. Because the counterweights in question do not meet the conditions specified in regulation for exemption, it is BRC's position that the counterweights are not exempt from regulation and must be disposed in a facility licensed for the disposal of radioactive material. Waste Control Specialists in Andrews County, Texas, is not licensed for the disposal of radioactive material and may not accept the counterweights for disposal.

 During the telephone conversation between Mr. Barbour and Mr.Myers, referenced above, it Was agreed that Philotechnics would submit a request for an exemption from 25 TAC §289.251(d)(3)(E) to BRC; the basis for exemption would include (1) information on an NRC Work Group convened to develop harmonized, risk-based exemption criteria for (unwanted) radioactive material and (2) an analytical demonstration that the risk to public health and safety, and the environment is acceptable.

BRC will notice Philotechnics, in writing, of the approval or disapproval of the request.

I regret any inconvenience the delay in formally expressing this position may cause.

ML003775030

http://Iwww.tdh.state.tx.usIech/rad/pages/brc.h~
An Equal Employment Opportunity Employer
Mr. Ronald D. Hauber
Page two of two
November 29, 2000

 If you have any questions regarding the information contained within this letter, please contact Mr. Peter H. Myers, Deputy Division Director, Licensing, at (512) 834-6688 extension 2209.

Sincerely,

Ruth E. McBurney, CHP, Director
Division of Licensing, Registration and Standards
Bureau of Radiation Control
 
cc: Philotechnics, Inc.~
Attn:   Mr. Don Barbour
P.O. Box 4489
Oak Ridge, TN 37831~89
 
Waste Control Specialists
Attn:   Mr. Bill Dornsife
1710 W. Broadway
Andrews, TX 79714

Texas Natural Resources Conservation Commission
Attn:   Mr. Wade Wheatley, I&HW Permits Section MC 130
P.O. Box 13087
Austin, TX 78711-3087

Texas Natural Resources Conservation Commission
Attn:   Ms. Alice Rogers, UIC and Radioactive Waste Section MC 131
P.O. Box 13087
Austin, TX 78711-3087