[Federal Register Volume 76, Number 236 (Thursday, December 8, 2011)]
[Proposed Rules]
[Pages 76625-76628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31523]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 76, No. 236 / Thursday, December 8, 2011 /
Proposed Rules
[[Page 76625]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 32
[Docket No. PRM-32-6; NRC-2009-0547]
Association of State and Territorial Solid Waste Management
Officials; Denial of Petition for Rulemaking
AGENCY: Nuclear Regulatory Commission.
ACTION: Petition for rulemaking; denial.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is denying a
petition for rulemaking (PRM-32-6) submitted by the Association of
State and Territorial Solid Waste Management Officials (ASTSWMO or the
petitioner). The ASTSWMO requested that the NRC amend its regulations
to improve the labeling and accountability of tritium exit signs. The
ASTSWMO believes the majority of unaccounted tritium exit signs are
disposed of in solid waste landfills where they become potential
sources of groundwater and surface water contamination. The ASTSWMO
requested that the NRC revise its regulations or guidance to require
that: the labeling be in several locations on the sign and printed with
larger font; an expiration date should be distinctly legible to a fire
or building inspector without taking down the sign; and the radiation
trefoil should be displayed on the front and back of advertisements.
Although not a specific request for rulemaking, the petitioner
recommended that a national collection effort with distinct milestones
and goals be undertaken to consolidate all expired and disused tritium
exit signs. The petitioner requested that the NRC organize a meeting
with ASTSWMO and all interested stakeholders to set a new path forward
on this issue. The NRC is denying PRM-32-6 for the reasons stated in
this document.
DATES: The docket for PRM-32-6 is closed as of December 8, 2011.
ADDRESSES: You can access publicly available documents related to this
petition for rulemaking using the following methods:
NRC'S Public Document Room (PDR): The public may examine
and have copied, for a fee, publicly available documents at the NRC's
PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike,
Rockville, Maryland 20852.
NRC's Agencywide Document Access and Management System
(ADAMS): Publicly available documents created or received at the NRC
are available online in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain entry into ADAMS,
which provides text and image files of NRC's public documents. If you
do not have access to ADAMS or if there are problems in accessing the
documents located in ADAMS, contact the NRC's PDR reference staff at 1
(800) 397-4209, (301) 415-4737, or by email to [email protected].
Federal Rulemaking Web Site: Public comments and
supporting materials related to this document can be found at http://www.regulations.gov by searching on Docket ID NRC-2009-0547. Address
questions about NRC dockets to Carol Gallagher, telephone: (301) 492-
3668; email: [email protected].
FOR FURTHER INFORMATION CONTACT: Gregory Trussell, Office of Federal
and State Materials and Environmental Management Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, telephone: (301) 415-
6445, email: [email protected].
SUPPLEMENTARY INFORMATION:
The Petition
More than 2 million tritium exit signs are estimated to have been
sold in the United States. Tritium powered self luminous exit signs do
not require electricity or batteries, and are commonly installed in
areas where electrical power is not conveniently accessible or its use
may be hazardous. The tritium exit sign remains lit during power
outages and thus serve their intended purposes in emergencies. As
tritium exit signs age, they do not glow as brightly and at some point
will not meet the luminosity requirement of applicable building or fire
safety codes and are replaced. A self-luminous exit sign is a non-
electrical product that uses radioactive tritium gas to produce light.
Specifically, the signs contain light sources that consist of glass
tubes, internally coated with phosphor, and filled with tritium gas.
Tritium (H-3) is an isotope of hydrogen that emits low-energy beta
radiation in the form of electrons. These electrons excite the
phosphor, causing the glass tubes to continuously emit light. This low-
energy beta radiation cannot penetrate the glass tube. If the tubes in
the exit signs are severely damaged, tritium may escape and disperse by
diffusion in the air.
On January 12, 2010 (75 FR 1559), the NRC published a notice of
receipt of a petition for rulemaking filed by ASTSWMO. The ASTSWMO
requested that the NRC amend its regulations to improve the labeling
and accountability of tritium exit signs.
The ASTSWMO believes the majority of unaccounted for tritium exit
signs are disposed of in solid waste landfills where they become
potential sources of groundwater and surface water contamination. The
ASTSWMO specifically requested that the NRC revise its regulations or
guidance to state that: The labeling should be in several locations on
the sign and printed with larger font; an expiration date should be
distinctly legible to a fire or building inspector without taking down
the sign; and the radiation trefoil should be displayed on the front
and back of advertisements. Also, the petitioner recommended that a
national collection effort with distinct milestones and goals should be
undertaken to consolidate all expired and disused tritium exit signs.
The petitioner requested that the NRC organize a meeting with ASTSWMO
and all interested stakeholders to set a new path forward on this
issue. The petitioner stated that it would ideally like to see tritium
exit sign technology immediately replaced by alternative technologies.
The ASTSWMO, after an evaluation of a case history of landfill
leachate sampling, asserted that the majority of unaccounted for
tritium exit signs are disposed of in solid waste landfills where they
become potential sources of groundwater and surface water
contamination. The petitioner also claimed that a minority of tritium
exit signs are returned to the manufacturer for recycling or disposed
of as low-level radioactive waste.
[[Page 76626]]
The ASTSWMO also made the assertion that advances in photo-
luminescent technology over the past decade have demonstrated that
effective alternate technology exists for places without electricity,
replacing the need for tritium self-luminescent exit signs.
Petitioner's Requests
The petitioner made several requests for rulemaking that would
require revision to Title 10 of the Code of Federal Regulations (10
CFR) Part 32, as well as requests that are outside the rulemaking
process. The petitioner requested the following:
(1) Labeling should be in several locations on the sign with larger
font. The basis for this request is the petitioner's belief that an
increased number of labels on tritium exit signs will improve the
ability to recognize the signs, which in turn will improve the
accountability of the signs.
(2) An expiration date should be distinctly legible to a fire or
building inspector without taking down the sign. As with adding labels
in several locations on the sign, the basis for this request is the
petitioner's belief that an expiration date that is legible without the
need to remove the sign from where it is installed will improve the
ability to recognize tritium exit signs, which in turn, will improve
the accountability of the signs.
(3) The radiation trefoil should be displayed on the front and back
of advertisements. The petitioner communicated several concerns as the
basis for this request: (a) Manufacturers do not always demonstrate
accountability in distributing tritium exit signs to the proper
recipients; (b) recipients of signs are not informed of the proper
ownership and regulatory requirements provided in NRC guidance
documents and regulations (i.e., NUREG-1556, Vol. 16, Appendix L, and
10 CFR 31.5); and (c) online vendors do not always highlight the fact
that tritium is radioactive and has special general licensing
requirements. The petitioner believes that requiring the display of the
radiation trefoil in advertisements is a way to make potential
customers fully aware that tritium in exit signs is radioactive
material. The petitioner believes trefoils in advertisements would act
as a safeguard against customers unknowingly acquiring exit signs that
require regulatory controls.
(4) Replacement of tritium exit signs with an alternative
technology. The petitioner believes that the state of current photo-
luminescent technology and other alternatives can effectively replace
tritium exit signs.
(5) A national collection effort to prevent the improper disposal
of tritium exit signs.
(6) Organize a meeting with ASTSWMO and interested stakeholders
outside of the rulemaking process. The petitioner offered to provide
input to the NRC on approaches to cease this improper disposal of
tritium exit signs.
Because item 4 is outside the NRC's regulatory authority and
mission, and items 5 and 6 are not specific requests to change NRC
regulations, comments on these proposals are not being addressed
further in this response. The NRC will respond to the petitioner on
these issues via separate correspondence.
Public Comments on the Petition
The notice of receipt of the petition for rulemaking (75 FR 1559)
invited interested persons to submit comments. The petition was also
shared with 37 Agreement States that regulate the manufacture and use
of tritium exit signs within their States, under agreement with the
NRC. The comment period closed on March 29, 2010. The NRC received
responses from 13 commenters including 2 manufacturers, 6 Agreement
States, 1 Federal agency, and other industry representatives. The
following provides a summary of the comments received on the petition.
Public Comments on Petitioner Requests Involving Rulemaking
The petitioner requested improving the labeling of tritium exit
signs by requiring the placement of labels in several locations on the
sign, in larger font to improve recognition, and thus accountability.
The majority of commenters agreed that labeling should be improved and
no commenter specifically disagreed with this request.
The petitioner requested requiring the placement of an expiration
date on tritium exit signs, and making the date distinctly legible to a
fire or building inspector without the need to take down the sign. The
rationale is that the fire or building inspector will be aware of an
expired sign and request the replacement. Four commenters agreed. Two
vendors commented that their exit signs already clearly show the
expiration date and further noted this issue does not fall under the
jurisdiction of the NRC.
The petitioner requested placement of the radiation trefoil
prominently on the front and back of advertisements for the exit signs
to ensure that general licensees understand that these signs contain
radioactive byproduct material and are subject to regulatory controls.
Five commenters agreed with this request.
One commenter who disagreed questioned, in general, the
effectiveness of this action. Another commenter stated that the
assertion that customers are not properly sensitized to the fact that
the signs contain radioactive material is ``completely unwarranted.''
This commenter also stated that given that NRC regulations provide for
the use of the trefoil where radioactive material is present, the
placement of the trefoil in advertisements is inappropriate. Similarly,
another commenter stated that placing the radiation trefoil on
advertisements is not appropriate as advertisements do not contain
radioactive material.
Public Comments on Petitioner's Claims Concerning Tritium Exit Signs in
Landfills
Three commenters disagreed with the petitioner's assertion that
unaccounted for tritium exit signs disposed of in solid waste landfills
are a potential source of groundwater and surface water contamination.
One commenter stated it did not believe that the inadvertent disposal
of tritium exit signs poses a significant public health and safety
issue, even if the relatively large numbers suggested by ASTSWMO are
accurate. Another commenter stated that while it is true that sampling
of raw, untreated leachate from landfills in Pennsylvania and
California confirmed above background levels of tritium, it has been
determined that, considering the treatment, dilution, and discharge
processes to which this leachate is subjected, there is currently no
risk to drinking water supplies or possible human exposure.
Reasons for Denial
After reviewing the information provided in the petition, and the
comments received in response to the petition, the NRC has decided to
deny PRM-32-6. In reaching this decision, the NRC reviewed the
radiological risks presented by tritium exit signs and from the levels
of tritium reported in landfill leachate and determined that there is a
lack of significant radiological risk to the public health and safety
related to the petitioner's assertions. The NRC determined that the
existing NRC regulations adequately direct the proper methods of use,
disposal, labeling, and information disclosure for tritium exit signs
and that there is no significant risk to the public health and safety.
However, the NRC believes that general licensee accountability may be
strengthened by enhancing regulatory guidance and improving
[[Page 76627]]
communications between the NRC (and Agreement States) and
manufacturers. The NRC periodically revises its licensing guidance and
will evaluate the need for additional guidance in areas raised by the
petitioner during this process.
Users of tritium exit signs are regulated under the general license
provisions in 10 CFR 31.5. The general license in 10 CFR 31.5 requires
users: Not to remove the labeling from the sign; to follow instructions
and precautions on the label; not to abandon a sign; to properly
dispose of signs by transferring them to a distributor or radioactive
waste broker specifically licensed by the NRC or an Agreement State; to
report any lost, stolen or broken sign(s) to the NRC; and not to give
away or sell the sign to another individual, company, or institution
unless it is to remain in use at a particular location, e.g., in a
transfer of ownership of a building. In this latter case, under 10 CFR
31.5(c)(9)(i), the user of a tritium exit sign is required to provide a
copy of the regulatory requirements governing the use of such signs to
the new user and must notify the NRC of the transfer. The user is also
required to inform the NRC of a company name change or change of
address; and to make certain other reports to the NRC.
The petitioner raised questions about the requirements placed on
distributors related to whether users and others who come into contact
with the sign are properly informed of the fact that the sign contains
radioactive material and is subject to certain controls, in particular
controls for disposal. Vendors of these products must obtain a license
from the NRC or an Agreement State to distribute the signs to the
general licensees, under 10 CFR 32.51 or equivalent provision of an
Agreement State. The NRC and Agreement State regulations include
requirements for labeling and safety instructions which require
providing certain information to customers prior to transfer of the
signs, including copies of applicable regulations and information on
options for and estimated costs of disposal.
The petitioner stated that there needs to be multiple labels in
several locations and that the labels need to be printed in larger
font. The petitioner also requested that the expiration date be
distinctly legible to a fire or building inspector without taking down
the sign. To obtain a license to distribute tritium exit signs, an
applicant must submit sufficient information related to its labeling of
the exit signs. Specifically, under 10 CFR 32.51(a)(3), the applicant
for a license to distribute tritium exit signs must ensure that the
label on the signs be durable, legible, clearly visible, and include
certain information including that use of the sign is subject to a
general license and the regulations of the NRC or equivalent provisions
of an Agreement State and that the label must be maintained in legible
condition. The NRC or an Agreement State must approve the applicant's
proposed labeling when authorizing distribution to users, at which time
the regulator can address the appropriateness of fonts and proper
placement on the sign. The expiration date (i.e., the date the sign
should be replaced in order to meet fire safety standards), is not a
matter of NRC regulation because it focuses on the visibility of the
sign, not the safe use of the radioactive material and is more
appropriately addressed by other agencies responsible for fire safety.
The petitioner requested that the radiation trefoil be displayed on
the front and back of advertisements. The NRC agrees with some of the
commenters that the use of the trefoil on advertisements is not
appropriate since use of the trefoil is utilized where radioactive
material is actually present. The NRC has emphasized the importance of
notifying end users of requirements for the use of generally licensed
devices. For example, in an earlier NRC action related to misleading
advertising, the NRC issued Information Notice (IN) 99-26, ``Safety and
Economic Consequences of Misleading Marketing Information,'' dated
August 24, 1999. The IN 99-26 highlighted that misleading marketing
information and inadequate explanation of end-user regulatory
requirements can lead to mishandling of devices used under the general
license and encouraged manufacturers and distributors to market to
users of the general license in such a way that the radioactive nature
of the product is clearly understood and the regulatory requirements
associated with the product are clearly explained. Under 10 CFR
32.51a(a)-(c) or equivalent Agreement State regulation, distributors
are required to supply to customers prior to the actual transfer of the
sign(s), copies of relevant regulations, information on acceptable
disposal options including estimated costs of disposal, and indication
of the NRC's policy of issuing high civil penalties for improper
disposal.
Prior to NRC receiving this petition, the State of Pennsylvania
contacted the NRC in 2006, relaying its concerns regarding possible
improper disposal of tritium exit signs. The Conference of Radiation
Control Program Directors also brought this issue to the attention of
the NRC, via a 2007 resolution.
The NRC has previously implemented several measures to address this
issue. The NRC implemented regulations to improve accountability of
devices used under a 10 CFR 31.5 general license or an equivalent
Agreement State provision (65 FR 79162; December 18, 2000, as amended
at 65 FR 80991; December 22, 2000). Although disposal by transfer to a
properly authorized specific licensee was always required, the previous
regulatory framework did not require NRC or Agreement State
notification of the transfer and disposal of tritium exit signs. Under
current regulations, NRC and Agreement States users or general
licensees are required to report transfer or disposal of devices
containing byproduct material.
The NRC, in an effort to improve compliance with the regulatory
requirements for tritium exit signs, issued Regulatory Issue Summary
(RIS) 2006-25, ``Requirements for the Distribution and Possession of
Tritium Exit Signs and the Requirements in 10 CFR 31.5 and 32.51a,''
dated December 7, 2006, which reiterated the requirements that
distributors of tritium exit signs must follow when transferring them
to general licensees. These requirements deal primarily with
information that must be provided to customers. In addition, the RIS
2006-25 reiterated the requirements for general licensees regarding
transfer and disposal of the tritium exit signs, with the intent of
minimizing the chance that tritium exit signs will be disposed of
incorrectly.
The NRC issued a Demand for Information (DFI) on January 16, 2009,
which required that general licensees who possessed at least 500
tritium exit signs perform an inventory and report the results to the
NRC. The results of the DFI demonstrated there is still some lack of
awareness among users of tritium exit signs concerning their regulatory
responsibilities which could, and in some cases did, result in the
improper disposal of tritium exit signs. The NRC considered enforcement
action against general licensees that were found not to have complied
with the regulatory requirements. In one case in which one entity using
the general licensee provisions failed to appoint an individual
responsible for ensuring compliance with NRC requirements pertaining to
tritium exit signs and improperly transferred signs, the NRC determined
that a civil penalty of $369,300 could be appropriate for improper
transfer or disposal of large numbers of tritium exit signs.
In response to the DFI findings, the NRC contacted seven
distributors of tritium exit signs in an effort to improve
[[Page 76628]]
compliance with the reporting requirements of 10 CFR 32.52 and
equivalent Agreement State provisions. The NRC initiated this contact
with the goal of assisting distributors in their efforts to
consistently provide the NRC with information that satisfies the
reporting requirements in 10 CFR 32.52. This information reported under
10 CFR 32.52 pertains to the general licensees to whom distributors
have transferred signs.
The petitioner asserted that ``the majority'' of unaccounted for
tritium exit signs are disposed of in solid waste landfills where they
may become potential sources of groundwater and surface water
contamination. The NRC concludes that the petitioner did not
demonstrate that the excess tritium being found in landfill leachate,
even if resulting from improper disposal of tritium exit signs, could
result in hazardous levels of tritium in drinking water. Published
reports such as ``Radiological Investigation Results for Pennsylvania
Landfill Leachate: 2009 Tritium Update,'' Safety and Ecology
Corporation, Knoxville, TN, March 31, 2010, support this conclusion.
The study incorporated the use of site-specific dilution factors based
on factors such as discharge rates and known distances between leachate
effluent release points and downstream water supply intakes to convert
observed leachate tritium concentrations into diluted tritium
concentrations assumed to be available for human consumption. The
report concluded not only that the resulting concentrations of tritium
were well below the U.S. Environmental Protection Agency (EPA) maximum
contaminant level (MCL) of 20,000 pCi/L for tritium in drinking water,
but that ``average drinking water intake tritium concentrations * * *
were more than 200 times less than the EPA 20,000 pCi/L MCL, ranging
from 0-99 pCi/L.''
The petitioner also expressed concern that samples collected from
leachate collection systems exceeded 20,000 pCi/L. It should be noted
that 20,000 pCi/L is the EPA's MCL for tritium in drinking water and
not leachate. Landfill monitoring reports show that despite high
tritium concentrations in leachate, drinking water samples collected
downstream of landfills maintain tritium concentrations well below the
EPA's MCL. For example, the ``Radiological Investigation Results for
Pennsylvania Landfill Leachate: 2009 Tritium Update'' report,
referenced above, shows that ``maximum drinking water [tritium] intake
concentrations were over 100 times less than the EPA 20,000 pCi/L MCL
ranging from 0 to 146 pCi/L.''
While the NRC does not regulate solid waste landfills, the NRC
staff also concluded that current landfill practices would mitigate the
impacts from tritium released from any exit signs that may be disposed
in landfills. These include: Cover systems that minimize rainfall
penetration and limit the migration of tritium due to erosion or
interaction with animals; cell liners that prevent leachate from
leaking into the groundwater; gaseous extraction wells that remove
gases building up within the landfill; and leachate collection systems
that collect, process, and treat leachate.
In addition to reviewing these previously published reports and
comparing tritium concentrations measured in leachate and drinking
water to regulatory standards, the NRC reviewed the possible risks to
landfill workers and the general public from exposure to tritium
associated with landfill disposals. The NRC determined that tritium
contamination involves such low levels of tritium that it would not
pose a health and safety threat to the landfill worker or the general
public.
Conclusion
The NRC is denying the petition for rulemaking because the NRC's
current regulations in this area are adequate to protect public health
and safety. In conclusion, the petitioner has not submitted any new
information that indicates a health and safety issue that warrants
rulemaking or calls into question the existing regulatory requirements.
Existing NRC regulations provide reasonable assurance that public
health and safety are adequately protected. For the reasons cited in
this document, the NRC denies the petition.
Dated at Rockville, Maryland this 2nd day of December, 2011.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2011-31523 Filed 12-7-11; 8:45 am]
BILLING CODE 7590-01-P