[Federal Register Volume 65, Number 198 (Thursday, October 12, 2000)]
[Notices]
[Pages 60653-60656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26155]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY


Control of Releases of Materials with Residual Radioactive 
Contamination from DOE Facilities

AGENCY: U.S. Department of Energy, DOE.

ACTION: Notice of availability and opportunity for public comment.

-----------------------------------------------------------------------

SUMMARY: In July 2000, DOE suspended the unrestricted release of scrap 
metal for recycling from radiological areas within DOE facilities until 
improvements in release criteria have been developed and implemented. 
DOE is proposing criteria for controlling the release of materials with 
residual radioactive contamination and procedures for better management 
of information concerning these releases. The proposed criteria for the 
release of scrap metal for recycling would require that no 
radioactivity be detectable above background using DOE-approved 
measurement protocols prior to the release from a DOE site.

DATES: The comment period will end on December 4, 2000.

ADDRESSES: The proposed changes, the January 12, 2000 memorandum, the 
July 13, 2000 memoranda, and other relevant information will be 
available on the World-Wide Web at http://tis.eh.doe.gov/portal or at 
http://www.eh.doe.gov/oepa under ``Focus Areas,'' then select ``DOE 
Directives Development Initiative for the Management and Release of 
Surplus Materials,'' and then ``Public Documents.'' Hard copies are 
also available from the persons listed below under information 
contacts. You may examine written comments between 9 AM and 4 PM at the 
U.S. Department of Energy Freedom of Information Public Reading Room, 
Room 1E-190, 1000 Independence Avenue, SW, Washington, DC, 202-586-
3142.

To Provide Comments and for Further Information Contact: Comments and 
inquiries may be addressed to: Harold T. Peterson, Jr., Tele. (202) 
586-9640, <a href="/cdn-cgi/l/email-protection#e78f8695888b83c99782938295948889a78f96c9838882c9808891"><span class="__cf_email__" data-cfemail="1d757c6f727179336d7869786f6e72735d756c33797278337a726b">[email protected]</span></a> or Stephen L. Domotor, 
<a href="/cdn-cgi/l/email-protection#52212637223a373c7c363d3f3d263d20123a237c363d377c353d24"><span class="__cf_email__" data-cfemail="ee9d9a8b9e868b80c08a8183819a819cae869fc08a818bc0898198">[email protected]</span></a>, Tele. (202) 586-0871.

[[Page 60654]]

    Air, Water and Radiation Division, Office of Environmental Policy 
and Guidance, U.S. Department of Energy (EH-41), 1000 Independence 
Avenue, SW, Washington, DC 20585.

SUPPLEMENTARY INFORMATION:

I. Background

    Under the Atomic Energy Act of 1954, 42 U.S.C. 2201, et seq., and 
other law, the Department conducts atomic energy defense and research 
and development activities at various sites around the Nation. These 
activities are carried out by prime contractors who manage and operate 
the sites pursuant to DOE policies enforceable under the provisions of 
the contracts and under the oversight of DOE employees. A standard 
provision of these prime contracts is the Laws, Regulations and 
Directives Clause which is set forth in DOE's Acquisition Regulation at 
title 48 of the Code of Federal Regulations. The clause provides for an 
appendix which, among other things, lists the DOE administrative 
directives, including DOE Orders, that are enforceable under the 
contracts. DOE Order 5400.5, Radiation Protection of the Public and 
Environment, is one of those directives. Today DOE is making available 
for public comment proposed revisions to that Order.
    On January 12, 2000, the Secretary of Energy issued a moratorium on 
the Department's release of volumetrically-contaminated metals pending 
a decision by the Nuclear Regulatory Commission (NRC) whether to 
establish national standards. The NRC continues to review the issue and 
the moratorium remains in effect. At that time, the Secretary created a 
task force to review the Department's policy on releasing materials 
from DOE sites. The task force reviewed past practices and made 
recommendations for improving monitoring, documentation, reporting and 
coordination.
    On July 13, 2000, the Secretary of Energy issued a memorandum 
directing the Assistant Secretary for Environment, Safety and Health to 
revise DOE directives and associated guidance documents applicable to 
scrap metal releases. The Secretary's memorandum directed action in 
four areas: (1) Improvement of the Department's release criteria and 
monitoring practices; (2) expansion of efforts to promote reuse and 
recycling within the complex of DOE facilities; (3) improvement of the 
Department's management of information about material inventories and 
releases; and (4) the accelerated recovery of sealed sources. The July 
13th memorandum also suspended the unrestricted release for recycling 
of scrap metal from radiological areas within DOE facilities. This 
suspension will remain in effect until improvements in DOE release 
criteria and information management have been developed and 
implemented. The Secretary stated that DOE would not allow the release 
of scrap metals for recycling if contamination from DOE operations is 
detected using appropriate, commercially-available monitoring equipment 
and approved procedures.
    The purpose of this notice is to solicit public comment on two new 
chapters (Chapters V and VI) to DOE Order 5400.5 that DOE developed to 
implement this policy.

II. Questions and Answers Regarding the Changes to the DOE Order 
5400.5

A. What requirements did DOE Order 5400.5 place on releasing materials 
that may have small quantities of radioactive materials?

    The current DOE policy for controlling the release of materials is 
set forth in the existing Order DOE 5400.5. The Order requires, and 
will continue to require in the proposed changes, the establishment of 
DOE-approved authorized limits for releases based on the ALARA (``As 
Low as is Reasonably Achievable'') process. For surface activity, the 
radioactive materials can be measured by conventional radiation 
monitoring instruments and the levels must be less than the Surface 
Activity Guidelines in Figure IV.1 of DOE Order 5400.5 (reprinted as 
Table 1 in a November 17, 1995 guidance memorandum). The latter 
document, as well as the full DOE Order 5400.5, is available on the 
Office of Environmental Policy and Guidance's website: http://www.eh.doe.gov/oepa under ``Policy and Guidance.'' Select ``Radiation 
Protection (Atomic Energy Act)'' from the subject area listing. The 
existing Order 5400.5 is item 20 and the November 17, 1995 guidance 
memorandum is item 8. For new information supporting the revised 
policy, such as the implementation guidance, go to: ``Focus Areas'' and 
``DOE Directive Development Initiative for the Management and Release 
of Surplus Materials.''
    Under the current Order, authorized limits for releases of surface 
contaminated materials that conform to these Surface Activity 
Guidelines can be approved by a DOE Field Office. Contractors develop 
these Authorized Limits for DOE approval by following the DOE ALARA 
process. The current Order permits use of alternative limits in place 
of these Surface Activity Guidelines if they are reviewed and approved 
by the Assistant Secretary for Environment, Safety and Health.
    In contrast to surface contamination, property that contains 
radioactive materials distributed throughout its volume is generally 
more difficult to measure and evaluate. In some cases, samples of 
materials have to be taken for laboratory analysis. DOE does not have 
numerical guidelines on concentrations of volumetrically-distributed 
radioactive material that can be released. Under DOE Order 5400.5, 
release of these volumetrically contaminated materials would require a 
case-by-case review and approval by the Assistant Secretary for 
Environment, Safety and Health. However, under the moratorium of 
January 12, 2000, volumetrically-contaminated metals cannot be released 
until the moratorium is lifted by DOE. The surface guideline values are 
repeated in the Table VI-1 in the proposed changes.

B. What does the Secretary's new policy require as reflected in the 
proposed change to the DOE Order 5400.5?

    The Secretary's memorandum requires improvements in the collection, 
maintenance, reporting of information associated with releases of 
surplus equipment, scrap metals and other excess personal property. The 
revised release policy reflected in the proposed change to the Order 
primarily affects one class of materials--scrap metals that were in a 
radiological area and are intended to be recycled into general 
commerce. The proposed change would require that these metals exhibit 
no detectable radioactivity content above background prior to their 
release from a DOE site (i.e., any residual radioactivity cannot be 
detected above background using DOE-approved measurement protocols. DOE 
is preparing new guidance to specify how to perform the measurements 
necessary to demonstrate ``no detectable activity.''

C. Are the proposed changes new requirements?

    The proposed changes are generally consistent with the existing 
version of the Order as well as guidance and implementation practices. 
This notice reflects DOE's intent to add two chapters to Order 5400.5: 
(1) Chapter V, Control and Release of Personal Property Including 
Metals for Recycling, contains requirements for personal property 
management and specifically addresses the Secretary's policy to limit 
the release of scrap metal for recycling to metal that has no 
detectable residual radioactive contamination and (2) Chapter VI, 
General Requirements for

[[Page 60655]]

the Release of Property, which contains DOE's general requirements for 
controlling the release of property. Chapter VI also includes existing 
practices currently set forth in guidance and proposed improvements in 
monitoring, documentation and information management.
    The two new chapters place additional emphasis on the public 
availability of information, record-keeping requirements and procedures 
for implementing the additional constraints established for recycled 
metal. The major refinement contained in the new chapters is the 
requirement to base authorized limits for scrap metals to be recycled 
on whether radioactivity can be detected above background using 
approved measurement protocols.

III. Questions and Answers Concerning Recycling of Metals

A. Can metal or equipment from a radiological area be released for 
reuse under the proposed restrictions?

    Yes, in some cases. Equipment from a radiological area may be 
released and reused for its intended purpose or released through 
current property management systems for reuse. For example, a machine 
tool may be reused or sold for reuse as a tool as long as it meets 
current surface release limits for radiological materials as defined in 
Order DOE 5400.5 and associated guidance. Similarly, metal items may be 
surveyed and released as long as they are used in their present form. 
Both the existing Order and the proposed changes allow these results 
(so long as it does not violate the moratorium).
    Under the proposed changes, the key factor in determining what is 
permissible is whether the metal will be melted and re-fabricated into 
new products. All cases that involve re-melting and remanufacturing of 
scrap metal released from radiological areas are considered to be 
recycling and would have to conform to the new proposed standard on 
non-detectable activity above background prior to release, unless the 
new product is to be used within the DOE complex or under an NRC or NRC 
Agreement State license.

B. What will DOE's responsibility be to assure that material or 
equipment sold is used for its intended purpose and not remelted as 
scrap?

    The proposed changes allow scrap metal that does not meet the non-
detectable release criterion to be released only for restricted 
recycling with a designated use (such as waste containers), if the 
scrap metal meets approved authorized limits and there is reasonable 
assurance that the property will not be recycled into general commerce. 
Extensive documentation is required including a description of any 
restrictions on use or disposition of the property and the specific 
process or means that provide a reasonable expectation that the 
restrictions or controls will be implemented.

C. May a DOE contractor release radioactive contaminated scrap metal to 
an NRC licensee?

    DOE contractors may not transfer scrap metal to an NRC (or 
Agreement State) licensee or to another DOE facility for the purpose of 
releasing the metal for recycling into commerce by the licensee unless 
that scrap metal meets the zero-detectable activity release criterion 
at the time that it is released from the DOE site.

D. May a DOE contractor transfer suspect contaminated materials to an 
NRC (or Agreement State) licensee for a purpose other than recycling 
into general commerce?

    Materials and equipment may be transferred to an NRC (or Agreement 
State) licensee in accordance with any license provisions. Metal may be 
transferred to an NRC or Agreement State licensee for use other than 
recycling if the material is properly surveyed and it meets the 
applicable DOE authorized release limit. If the material is not going 
to be recycled into general commerce and it will be used within the 
licensee's facility, then it has to meet any possession limits placed 
on the recipient by the NRC or an NRC Agreement State, but is not 
required to meet the non-detectable release criterion.

E. What effect does the January 12, 2000 moratorium on the release of 
volumetrically contaminated metals have on the proposed changes?

    On January 12, 2000, the Secretary issued a moratorium prohibiting 
the Department's release of volumetrically contaminated metals pending 
a decision by the NRC whether to establish national standards. The NRC 
continues to review the issue and the moratorium remains in effect. 
While the proposed changes to the Order continue to allow the release 
of DOE materials under various criteria, DOE may not release 
volumetrically contaminated metals under either the proposed changes or 
the current Order until the ban is lifted.

F. What effect do the proposed changes have on the July 13, 2000 
suspension of release of recycled scrap metal?

    On July 13, 2000, the Secretary suspended the unrestricted release 
of scrap metals for recycling from radiation areas within DOE 
facilities until improvements in DOE release criteria and information 
management have been developed and implemented. The Secretary stated 
that upon certification that each DOE site has met all the requirements 
of the revised order and has a local public participation program, 
sites may resume unrestricted release of scrap metals for recycling. 
Adoption of the proposed changes is an essential element in satisfying 
the criteria for lifting the suspension.

IV. What New Implementation Programs and Procedures are Required?

    DOE's Office of Environment, Safety and Health, through its Office 
of Environmental Policy and Guidance (EH-41) has developed these 
additional chapters and modifications to Order DOE 5400.5 to implement 
the Secretary's policy. The proposed changes would require contractors 
operating DOE facilities to have a program and procedures in place to 
ensure that: (1) Metal released for recycling contains no detectable 
residual radioactive contamination, (2) the release of all property 
from DOE control meets DOE radiation protection requirements, and (3) 
releases of surplus equipment, scrap metal and other excess personal 
property are appropriately documented, reported, certified and verified 
so that the public has full access to information relating to such 
releases.

A. How is DOE improving release criteria and monitoring?

    Although these concepts were implicitly part of the existing 
release clearance process, they would become explicitly part of the new 
procedures in the proposed Chapter VI. This more clearly presents the 
process and criteria for establishing authorized limits and provides 
more specific guidance on survey and monitoring procedures. Information 
on responsibilities for surveying, certifying and carrying out 
independent verification is also contained in the proposed new 
chapters. The procedures in the proposed new chapters would require 
more detailed documentation of the establishment of authorized limits, 
survey and verification measurements and the certification of releases.

[[Page 60656]]

B. How will the new procedures improve information management?

    Chapter V would require that the process of implementing these new 
requirements be coordinated with the public and that this coordination 
be integrated into existing site public advisory and coordination 
activities. Although public information programs have been in existence 
for some time at DOE sites, these new requirements would require that 
this information be available to the public. DOE proposes to make 
available an annual summary report of property released under these 
requirements at each site. DOE is also proposing to require that the 
authorized limits used for materials releases, the quantities released, 
and summaries of the certification and verification information be 
summarized in the annual site environmental reports (ASERs).

V. Topics on Which Public Comment is Sought

    1. Comments are sought on how the economic value of the metal 
should be factored into a decision regarding its disposition?
    2. Comments are solicited on both on the desirable and attainable 
sensitivity of radiation monitoring devices including survey meters, 
portable spectrometers, bulk measurement detectors, and truckload 
monitors. Information on the cost of monitors would also be useful.

    Signed this 5th day of October 2000.
David Michaels,
Assistant Secretary, Environment, Safety and Health.
[FR Doc. 00-26155 Filed 10-11-00; 8:45 am]
BILLING CODE 6450-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>