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
