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•S TATE oF NEBRASKA DIPAILTWma or SXrVIes & DVPAILP•MNT OF RIEO.I.ATIO'M AT; LICI9NURE MIKE joIfAN•'E GOV 91

DEPAI•rM•T OF F,1%.VC[ AND Suproqm

To: TOm O'Brien, OSP, USNRC 8 November 1999

Subject Response to Request for Technical Information from NRC (sP-99-074) from Nebraska

From: John Fasseq, CHP, Acting Program Manager, Low-Level Radioactive Waste Program

Nebraska's response to qijestion 42 Includes definitions of the following terms: waste, disposal, byproduct material. These definitions are drawn from Nebraska Title 180 "Regulations for the Control of Radiation - Ionizing' or from the Revised Statutes of Nebraska (1943) Article 35 Radiation Control Act

"Waste" means those low-level radioactlVe wastes that are acceptable for disposal In a management faclity. For the purposes of this definition, low-level waste has the same meaning as In the Low-Level Radioactive Waste Policy Act, P.L. 96473, as amended by P.L 99-240, effective January 15, 1986; that is, radioactive waste (a) not classified as high-level radioactive waste, transuranlo waste, spent nuclear fuel, or byproduct material as defined In Section IIe.(2) of the Atomic Energy Act (uranium or thodum tailings and waste) and (b) classified as low-level radioactive waste consistent with existing law and In accordance with (a) by the U.S. Nuclear Regulatory Commission. "Disposae" means the permanent Isolation of radioactive wastes from the biosphere Inhabited by man and his food chain by emplacement in a management facility.

"Byproduct material" means:

(1) Any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material; and

(2) The tailings or wastes produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material content, Including discrete surface wastes resulting from uranium or thorium solution extraction processes. Underground ore bodies depleted by solution extraction operations do not constitute byproduct material.

The remaining requested definitions (effluent, transfer and release limits) are j!ot specifically denoted In our radiological health regulations. However, the Nebraska Department of Environmental Quality (NDEQ) maintains a set of regulations pertaining to the choosing of sites for a low-level radioactive waste disposal facility known as Title 194 of the Nebraska Administrative Code (194 NAC). The remaining definitions are also not present In that document.

The nearest regulatory document to one containing applicable definitions for these terms Is one under NDEQ purview known as Title 121 "Effluent Guidelines and Controls. Note that this document Is not Intended for specific appilcation to radioactive materials but more for generic hazardous materials concerns. With regard to the particular Issue at hand it Incorporates by reference all of 40 CFR Part 421 and 471, dealing with nonferrous metals imanufacturing and forming. In this document the following definitions eXist: effluent limitation. This definition Is Intended for use with discharges Into water.

D•0 AMM OF H5L07 LM;P ANI 6•IVICE50. REOTo AND2 L47C1-21 PO Box OS007, LiNcoL'q M~ 68509-5007 Phon1 (402) 471-21333

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*NmmsxASK A LTHrn AND HuAN SEvxCES SYShMM

-STATE oF NEBxASKA DEPARTUMET OF SERVBIC0 8 DP1FAMPKNT Or REULATION AN13 LTcONSu MIKE JOHASMI, 0CVauo%

DIPA3?LTMIv or FinnsC aND gmPPOlT "Effluent limitation" shall mean any restriction established by the Director (of NDEQ) on quantities, rates. and concentrations of chemical, physical, biological and other constituents which are discharged from point sources other than new sources Into waters of the State.

The Nebrasia response to question 43 dealing with Nebraska's radiological criteria for unrestricted release of solid materials Is found within Tile 180 NAC 1-004. Since your question deals specifically with solid materials Section 4.37D and following is the applicable area. Unlike almost all of the rest of Title 180 NAC which follows 10CFR rather closely, this area Is modeled on Texas law dealing with disposal of radioactive materials In a city or county landfill.

I have Included a copy of our sections dealing with this matter. Particular points of note are:

(a) It Is Intended for disposal use In those city or county landfills authorized to receive radioactive material.

(b) Surveys must be performed to verify the actual limits are not exceeded. (c) There are limits for both the volumetr concentration (no specific surficlal limit beyond those

normally applicable which would qualify the material as surface contaminated object lowlevel radioactive waste) and the total disposal quantity for a given generator.

(d) Prior to disposal, procedures must be submitted to Nebraska HHS Regulation and LcMensure that cover the delivery, physical emplacement and the covering of the material, compliance surveys, maintaining secure packging during transport, record maintenance, landfill operators agreement to such a disposal, etc,

(e) This section Is Intended forwaste disposal, not recycling, (M) In any case Tn-99 Is not one of Isotopes spelled out In Appendix 4-G. The Isotopes

specified are generally under one year In half life and T649 has a half-life of 213,000 years.

All of this paints a dim picture for the Issue at hand, however our regulations also contain some parallels to the NRC regulations In two areas that may apply. Our 180NAC1.004.14 basically states that licensees should conduct operations so that TEDE to the pubrio remains below 100 mrem/year exclusive of background, medical administration, exposure to medically radioactive Individuals, voluntary participation in medical research programs and sanitary sewer releases, There is the additional requirement that the dose not exceed 2 mren/hour but since the most conservative exposure scenarios that you would want to do a performance assessment for would probably Involve 24 hour/day exposures the 100 mrem annual limit would probably be the limit of concern.

Of course such an evaluation would need to be done in accordance with ALARA principles and could be subject to other limitations Imposed by the State of Tennessee orthe EPA (40CFR requirements).

The other relevant regulations area that parallels the NRC Is Section 004.34 which covers altemate disposal procedure methods Opproval. This section mostly Implements the approval process also covered In Section 4.14. The problem here Rles In that 6disposars definition Includes a reference to emplacement in a management facility which would not be free release.

DZPAwpMr OFHELT37XAWD HWAN SazwcssR OuJ.A11oNAND L~cwui PO Box 95007, L,&cos,.NE 68509-S007 Px.!os (402)471-2133

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NOV. 8.1999 5: 21PM NDOH EW HEALTH (402)471 0t69 NO.450 P.3/12

Title 160 Chapter I

oThe dose to an embryofetus shail be taken as the sum of: 004,A30 The deep dose equlvalent to the declared pregnant woman; end 044302 The dose to the embryletus from radionucdides in the embyoffetus and radlonudildes In the declared pregnant woman.

/ D.QJaJ If by the time the woman declares pregnancy to the licensee or registrant, te dose to the embryoffetAs has exceeded 4.6 mSv (0.45 rem), the licensee or registrant shae be deemed to be In complance with 004,13A lithe additional dose to the embryotretus does Pot exceed 0.50 mSv (0.05 rem) durinn the remainder of the pregnancy.

RADIATION DOSE LIMITS FOR INDMDIJAL MEMBERS OF THE PUBUO

04.14 Dose l.Mlts for hLdlduaL Members orfthe-Public.

004.14a Each licensee or registrant shall conduct operations so that OQ4AI The total effective dose equivalent to Individual members of the pubic from the licensed or registered operation does not exceed I mSv (0.1 rem) in a year, exclusive of the dose contrIbutons from batcround radiation, from any medical admInIstation the Individual has received, from exposure to IndiViduals administered radioactive material and released in accordance with Subsection 007,30. from voluntary paricIpaton in medical research programs, and from the Pcenseels or reglatranrts disposal of rdioac0tive material into sanitary sewerage In accordance with 004.35, and

094,162 The dose In any unrestricted area from external sources, exclusive of the dose contributions from patents administered radioactive material and released In aocordanoe with Subsection 007.30, does not exceed 0.02 mSY (0.002 rem) In any one hour. 004441 Ifthe licensee or registrant permits members of lhe publio to have access to restricted areas, the imits for members of the public continue to apply to those IndMduals. 24,14Cn A licensee, registrant, or an appricant for a license or registration may apply for prior Agency authorzation tooperane ip to dn annual dose lmit for an Individual member of the public of 6 mrv (0.6 rFm). This application shall Include the following Information:

004401 Demonstration of the need for and the expected duration of operations In excess of the lmit In 004.14A& and

0444C The licensee's or reaistranfs program to assess and control dose within the 6 mSv (0.5 rem) annual limit; fnd

004-A The procedures to be followed to maintaln the dose ALARA. .00434 In addition to the requfrements of Section 004, a licensee or registrant subject to the provisions of the U.S. Environmental Protection Agency's generally applicable environmental radiation standards In 40 CFR 19O shall comply with those standards.

)

4-13 REVISED AND RESET December 15, 1998

SJ.•

FIWT, I ,-IA tý JDJ J - u.,r..ri A

Title 180 Chapter I

0 The Agency may Impose eddft and on the total quantity of radjonucrides the to restrict the collective dose,

Unrest complf

to'

nop

004.16 COnceni actual p so0ubi4ite

O4d, S•n--

)ria restc•wons on radiation le P licensee or registrant may re

aels In unrestricted areas lease In effluents In order

, 5"B or reSMunt srall nae or cause t be nade sura of radiatlon levels h ricted areas and radiogctve materials f•le.nts released to unrestred areas to cemonstrate lance with the dose lirmtfor indjMVduV I members of the public In 00.414. i A elonsee or registrant shall shw compliance with the annual dose Qmf in 004.14 by:

i361 i Demonstratng by measurer, ent or calculation that the totllf6etive dose equivalent the individual likely to receive the hlgh st dose from the licensed or ristered operation does exceed the annual dose lmlt; or

AM Demonstratin that I

O The annual average cor centrations of radfoactle mwmirtiar released In gaseous and liquid effluents at the boundary of the unrestricted area do' not exceed the values specfied In Table 11 of Appendix 0o .5; and

04-2If an Indlvidual were ronpnuously present In an unrestriotd area, the dose from external sources would not exceed 0I:2 mSyv (0.002 rem) in an houeand 0.6 mSv (0.05 rem) In a year.

Upon approval from the Agenof, the licensee or registrant eiay a,,ust the efluent ration values In Appendix OD4•., Table I, for members of the public, to take Into aceount the •hyslcaI and chemical chal cteractaf of the effluents, such as. ebrosof size distribution, d, density, radioactive decay equwUbr rn, and chemical form.

SURVEYS AND MONITORINGQD0447 fan-,.,

'17A Each licensee or registralt shal6 r1ake, or cause to, be made, surveys that: MC17A Are necessary for the licensee or registrant to comply with v ection 004; and M!'A 41TA• R,- .. .. . .. . . . I I

1 , loWESMuYnOr me oircpMstances to evaluate:

0%jzA2 Radiation levels; and

j7Af Concentrations or qua nties of radioactive material: anr D43 The potential Md4iologrca! hazards that could be Present.

DM,.T The licensee or regostrant ahaltdensure that Instruments an4 equrpment used for quantitative radlation measurements (e.g., dOPs rate mand effluent monitoring) are calibrated at

4-14 .I

REVJ$ED AND RESET December 15, l99o

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TItle 180 Chapter I

4291 Monltor all packages known to contain radioactfve material for radioactive contamination and radiation levels if'there Is evidence of degradation of paccage integrity, ouch as packages that ar; crushed, wet. or damaged.

004.32 The licensee shag perform the monitoring required I:*ODO4.M2a a soon as practical eftfe recelpt of the package, but not later than 3 hours after the pac.1age is received at the licensee's or registran' facilty if It Is received during the licensee's or reglstrants normal working hours, or not later than $ hours from the beginning of the next working day if It Is recelved after working hours. M The floensee sholl immediately notify the final delivery carrier and, by telephone and telegram, mallgram, or facsimfle, the Agency when:

04,32 ' Removable radioactive surface contamination exceeds the Ims of Part 0133.16H of these regulations; or

P04.2D2 Ex ste radlia tn levels exceed the mirts of Parts 013.151 and J of these regulations. 004.32t Each licensee shalg:

QD.291 Establish, maintain, and retain written procedures for safely opening packages In which radioactive material Is received; and 00.39 Ensure that the procedures are followed and that due consideration Is given to special Instructions for the type of package being opened.

SQ~ELicensees transferring special form sources In vehicles owned or operated by the licensee to and from a work site are exempt from the contamination monitoring requirements of 004.321, but are not exempt from the monitoring requirement in 004.326 for measuring radiation levels that ensures that the source Is still properly lodged in Its shield.

WASTE DISPOSAL SiaGeneral Reqaulremnenta.

D0433A A licensee shall dispose of Elcensed material only;. PQKZAJ By transfer to an authorized recipient as provided In 004.38 or in Sections 003, 012,or 019 of these regulatiqns, or to the U.S. Department of Energy;, or

S&By decay in storage; or 2 Sy release In effluents within the Emits in 004.14; or 004.3364 As authorized pursuant to 004.34, 004,35, 004.36, or 004.37.

4,.33 A'persn shalg be specifically Iicensed to receive waste containing licensed material from other persons for.

Q4.39 Treatment prior to d'isposal; or 204.3292 Treatment or disposal by incineretion: or

4 -25 REVISED AND RESET December 15, 1998

Title 180 Chapter I

~ Decay In storage; or

PE B Managemesnt 81ta lfalty licensed pursuant to Section 012 of these regulations; or DO B Storage Until trantferred 6~ a storage .or dlspos~l facility authorized to receive thi waste.

QAD43 Mothdd fpr-Obthln Aprva fPrpss iposAl Podures. Alicenseecrapprpnt forea lboense may apply to the Agency for approval of proposed procedures, not oterwse authorized in these regulations, to dispose of ricansad material generated In tho licensee's operations. Each application shall Include:

004,148 A description of the waste containing floensed or registered material to be disposed of. Including the physcical and chemical properties that have an Impact on risk evaluation, arnd the proposed manner and conditions of waste disposal; and D04,349 An analysis and evoluation of pertinent lnfornai~on on the nature of the environment and OU-492 The neture and Imlocon of other potentially affected facillities; and 00-3 Analyses and procedures to ensure that doses are maintained ALARA and within the dose limit In Section 004.

JQ4I35 posa? by R1pg InoSrlayBwrage.

MUSA A licensee May discharge licensed maternal Into sanitary sewerage NI each of the following conditions Is satisfied: 904,354 The material Is readily soluble, or Is readily dispersible biological material, In water, and 2H3A ,The quantit o lcen~ed radioactive Material that the licensee releases Into the sewer In I month divided by the average monthly volume of water released Into the sewer by the licensee does not exceed the conoentratlon listed In Table III of Appendix 004-B; and M3A if more than one radifonuclide Is released, the following conditions must also be

QW- The licensee shall determine the froction of the limit In Table Ill of Appendix 004B represented by disoiiargep Into saniftary sewerage by dlividing the actual monthly average concentration of each reclionucille released by fth licensee or registrant Into the. sewer by the concentration of that radionuclide listed In Table III of Appendix 004-8; aind W35 The sum of the fractions for each radionucrtde required by 00.S5AUa does rot exceed unity and

~~ The total quantity of iPcermej radioactive material that the licensee releases Into the sanitry sewerage systemi In a year does not exceed 165 G~q (5 Cl) of hyfroen.3, ST~ GBq (I Ci) of cmrbon-14, and 87 G~q (I Cl0 of all ofter radloactive materials combined.

4-26 REVISED AND RESET December 15, 1098

'litle 180 Chapter I

036 Excreta from IndMduals undergoing medical diagnosis or therapy with radimactive material are not subject to the limltations contained In 004.35A

bY Incineraton only In the amounts and forms 1pecified In 004.37 oa as specially approved by thi Agency pursuant to 004.34. / AN7D sMobal of Spectfic Wastes.

•4ZA• A licensee may dispose of the following licensed material as If It were not radioacuve: D 4JAi.1.85 kBq (0.05 pOO), or less, of Hydro0en-A, Carbon-14 or lodina-125 per gram of medium used for liquid srOnftation counting: and

* DQA2 1,85 kBq (0.05 pC%) or less, of Hydrogen.., or Carbon-14 or Iodine-125 per gram of animal tssue, averaged over the weight of the entire animal.

4 ,370 A licensee shall not dispose of tissue pursuant to 004.37A2 I a manner that would pemilt fis use either as food for hlumans or as animal feed.

0 The lcensee shagt maintain records In accordance with 004.48.

ME Any licensee may, upon Agency approval of procedures required In 004.37F, dispose of radioactive material Included In Appendix 004-G, provided *that 4t does not exceed the concentration and total curie lmits contained therein. Any radioactive material Ircluded In Appendix "o04-G may be disposed of at a cty or coundy landfill faary authorized to receive the radioactive material.

0 Each fcoensee who disposes of radloactive material described In 004.37A or D shagt: M Make surveys adequate to assure that the Ormnit of 004.37A or Dare not exceeded;

and

OQ43Zg2 Remove or otherwise cflterate all labels, tags: or other maridngs which would Indicate that the materiel or Its contents Is racioactIve. ,0

AN-37F Prior to the Initiation of disposals authorized by 004.371), a licensee shall submit procedures to the Agency for. 0Q4.SEI The physical delivery of the material to the disposal site, the physical placing of the material In the disposal location and that the material Is properly covered; OD.M Surveys to be performaed for compliance with 004.37E1;

DMIZU Maintaining secure packaging during transportation to the si; M MaIntaining records of disposals made under 004.371); and 021. S Written authorization by the landfill operator agreeing to such cisposal,

4-2? REVISED AND RESET Iecember 16, 109s

54PM NMDOH ENV I-EALTH (402)47.1 0169 NO.450 P.9/12-

Title 180 Chapter I

Q04-370 Nothing In this maclon, however, relieves the licensee of maintalning records showing the receipt, transfer. and disposal of such radioactive material asespeofied pursuant to 001.04 of these regulations.

0Q4-M! Nothing In this isecnrelieve& the 6licenseetoni'omrn'ly~ng wit other applic~bliefederal: state or local regulations govemring any other loxio or hazardous property of these materials.

/

Q4Jfl / Radioactive mateIe disposed of under this section Is not subject to the requirements of Section 013 of these regulatlons.

DQ4 J•nsf for DL~osa|l•nd Ma4! nftsts

Qo4QA The requirements of thii secion and Appendix 004-D are designed to:

M.3061 Control transfers of low-level radioactive waste by any waste generator, waste collector, or waste processor license, as defined In this section, who ships low-level waste elther directly, or Indirectly through a waste collector or waste processor, to a licensed low-level waste land disposal fWily (as defined In Section 012 of these regulations);

OM.35Ja Establish a manifest racking system; and

00.A 6 Supplement estng requirements ncerming transfers and recordepingfor those * wastes.

04 13. All affected licensees must use Appendix 0"4.D and comply with subpart 004.-3B82 of 'ths section.

04,38s' Each shipment of rdloacOve waste Intended for disposal at a licensed low-level radioactive waste disposal facility must be aocompanled by a shipment manifest as spec.tied In Section I of Appendix 004-1).

2 3 Any licensee shipping radioactive waste Intended for ultimate disposal at a licensed land disposal faclity must docgient the informaton required cn the Agency's Uniform Low-Level Radioactive Waste Manifest and transfer this recorded manifest Information to the Intended consignee In accordance with Aplendlx 004.D of this section.

C04.80 Each shipment mranifest must Include a certiffmction by waste generator as specified In Section II of Appendix 0044).

0 Each person Involved In the transfer for disposal and disposal of waste, Including the waste generator, waste collector, waste processor, and disposal faclifty operator, shall comply with the requirements speciffed In Section III of Appendix 004-D.

00,3 Comripflae. with EnvIronmenfal and Heafth Prglecflgn ReoulafflQns. _No9Ig hSu•eons 004.33, 0P4.84, 004.35, 004.36, 004.37, or 00438 ,relieves the licensee from compyg with other applicable Federal, State, and local regulations governing any other toxic or hazardous properties of materials that may be disposed of pursuant to Subseoions 004.3s3, 0O4.34,004.35, 004.36,004.87, or 004.,8.

4-28 REVISED AND RESET December 15, 1998

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NOV. 81999 :25PM NDOH ENV HEALTH (402)471 0169 N.5 .11NOV. 8 19980 2P

Chapter I

Mo-es-ConggrIraieon Lmt(~

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Xe-133 I ,*3E+1 Da.140 2E.3 BF-2 LOe-140 25a 6E-2 CO-141 40- 1&1I Ce-144 16-3 3E-2 Pr-143 6 2E+2

-Nd-147 7E-22 T13-169 M6-2 2

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4-123 RE VISED AND RESET December '15, 1098

4**.)

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6E-2

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NOV. 8.1999 5:25PM NDOH ENV HEALTH (402)47,1 0169 NO.450 P.12/12

TitUe 180 Chapter 1

NOTE: In any Case where ther is a Mibture In waste Of More thAn One McHonudIle, the limiting values for purposes of this Appendix shall be de8trmined as foMows

For eaoh rarionnure in the mixture calculale the rado betueen the quantRy present in the mxture. and the Imt estaf shed In AppireIx 004-o for the speoific nidi6 lclde when not In a mixture. Th SuM of suCh ratios for alH the radlonuclides in the mbcture may not exceed "'" 0A., unlty").

Examples:, If radianucrides a, b, end © are present in conoentrations C,, C4 and Ot, and If the applicable voncentrtons am,. CL., C6 and C4. respectively, then the concentraftons shall be emited so that the following relationship exists:

(CtL,) + (C/ , + (O•..• . I

Krthe total curles for radionuclides a, b, and c are represented A. And k and the annual curie limit for each radionucllde Is AL%, AL%. and At, then the generator Is limited to the following:

(As.AL,) + (AAALb) (VALj) S I

S

4 • 124 REVISED A•D RESET Decamber 16, 1996

I IV

FAX COVER MEMO .. - COVER MEMO FA-- X COE5R MM NEBRASKA HEALTH & HUMAN SERVICES

DEPARTMENT of REGULATION and LICENSURE T Division of Public HeaslAssurance

S01 untennil Ma W South, P 0 Dox'95001 •incoln, Nebraska 685099007

FAX No: 402471-0169

DELMER TO: - o 'L Location: ,OP. t• C PAM~.: 36Iw-'41SSCj Subject: AJ_ , b .Total number of pages (including cover page): - . _ Comments:

Date: WWI Sentby: Phone: a' - '71_-01

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