RE: Applicability of Regs to D-I-S

["Vernig, Peter G." <Peter.Vernig@med.va.gov>]

Chris [and group]

Chris wrote:

"It seems to me that pt.35.1, which defines the purpose and scope of the
Part, implies that the contents of the Part apply only to the *medical* use
of RAM. Part 20.2001, the general requirements for waste disposal, says
nothing about DIS, except that it is permitted."

IMO you are right legally and wrong in the practical sense.  When I first
stumbled into this field I saw many licenses that required quarterly
calibration of survey instruments.  That regulatory requirement was and is
for radiography where it makes sense.  It is not required by regulation any
where else.  But when people are looking for how often to calibrate they see
it in the regs or somebody else's license and figure it is acceptable and
look no further.

I think the generalization of a specific requirement also works the other
way.  That is licensing people suggest or require [tell an applicant they
should do so and it will stand unless the applicant's representative is
knowledgeable enough to contest it] such a condition.

So the ten half life "rule" has been put in a lot of licenses by default.  I
know there are licensees out there that have other than ten half lives in
their licenses.  They had people handling an application who were
knowledgeable and proposed 8 or some other number of half lives.

The 10 half life rule is not in the revision of part 35 which is due for
final Commissioner [NRC] review and approval 31 May.

Those of you that have it in your NRC license may request an amendment now
if you are not medical licensees, if you are NRC medical licensees you
should not have to even amend your license as the implementation section
says [10 CFR 35.10 (c)]"When a requirement in this part differs from the
requirement in an existing license condition, the requirement in this part
shall govern."

Agreement state medical licensees will have to wait much longer I'm afraid.
The final revision for the suggested state regs isn't due till next year and
then of course the individual states have to implement it.

Finally, to try and answer the question of DIS procedure approval;

"Does this mean that non-medical licensees have to obtain specific licensure
of their DIS programs?"

Since DIS without any qualifications is authorized by 10 CFR20.2001 (b) (3)
and 2002 gives the procedure for gaining approval of disposal methods,
"...not otherwise authorized in the regulations in this chapter..." 

Probably you don't, however, I would guess you are very likely to be asked
for a procedure in the application process and it is probably much easier to
produce one than make and win the case that you don't have to.

Regards,

Any opinions expressed are mine alone and do not necessarily represent those
of the Denver VA Medical Center, The Department of Veterans Affairs, or the
U.S. Government.

Peter G. Vernig                
Radiation Safety Officer, VA Medical Center, 1055 Clermont St. Denver, CO
80220, ATTN; RSO MS 115
303-399-8020 ext. 2447, peter.vernig@med.va.gov [alternate
vernig.peter@forum.va.gov] Fax 303-393-5026 [8 - 4:30 MT service] Alternate
Fax 303-377-5686

"...whatever is true, whatever is noble, whatever is right,, whatever is
pure, whatever is lovely, whatever is admirable, if anything is found to be
excellent or praiseworthy, let your mind dwell on these things."    Paul
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