United States Nuclear Regulatory Commission - Protecting People and the Environment

U.S. Nuclear Regulatory Commission

Application of 10 CFR 40.13 (c) (1) (vi)

HPPOS-029 PDR-9111210151

Title: Application of 10 CFR 40.13 (c) (1) (vi)

See the memorandum from R. L. Fonner to J. Joyner dated

December 14, 1982. This memorandum states the OELD opinion

that 10 CFR 40.13 (c) (1) (vi) applies only to rare earth

products containing <0.25% source material by weight. The

exemption does not apply to incoming ore or to waste

streams. 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 its licensing application, Molybdenum Corporation of

America was urging a view of 10 CFR 40.13 (c) (1) (vi) that

would permit it to include both incoming raw material for

rare earth processing and end of processing waste streams

under the exemption for rare earth products that do not

exceed 0.25% source material by weight.

OELD ruled that 10 CFR 40.13 (c) (1) (vi) applies only to

rare earth products containing less than 0.25% source

materials by weight. The exemption does not apply to

incoming ore or to waste streams. In justifying their

decision, OELD stated that 10 CFR 40.13 (c) (1) (vi) has

identical wording to that contained in 10 CFR 40.60

Schedule I, first promulgated by the Atomic Energy

Commission on March 20, 1947. Schedule I stated:

" (f) Rare earth metals and compounds, mixtures and

products containing not more than 0.25% by weight thorium,

uranium, or any combination of these."

Therefore, items referred to in 10 CFR 40.13 (c) (1) (vi)

are finished commercial products of the rare earth refining

process. An exemption for raw material (e.g., for ores or

concentrates used as raw material) has to be justified in

terms of either 10 CFR 40.13 (a) or (b). The disposal of

radioactive waste should be regulated under 10 CFR 20.301

[or, at present, under the requirements of the 10 CFR

20.2001 (a) and (b)] and 10 CFR61.

Regulatory references: 20.301, 10 CFR 20.2001, 10 CFR

40.13, 10 CFR 61

Subject codes: 3.8, 9.0, 11.6

Applicability: Source Material

Page Last Reviewed/Updated Thursday, March 29, 2012