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.