RECIEVED - TNRCC CENTRAL RECORDS - JUN 10 98

May 28, 1998

Mr. Tony Mason
Gutierrez-Palmenberg, Inc.
333 N. Rancho Drive, Suite 580
Las Vegas, NV 89106


Dear Mr. Mason:

GPI packaged the contaminated materials at Birmingham Steel pursuant to the State of Alabama's reciprocal recognition of NRC Radioactive Material License No. 27-29103-01. According to the Alabama Administrative Code, the radioactive material could be legally transferred to any individual authorized by an NRC or Agreement State License to possess same at the location where the radioactive material was received.

The Office of Radiation Control of the Alabama Department of Public Health endorses the NRC's policy as delineated in the "Disposition of Cesium-137 Contaminated Emission Control Dust and other Incident Related Material; Final Staff Technical Position." Your company did verbally make us aware of the intent to dispose of this material pursuant to that NRC policy. While this Office supports such as the best known option, we have no authority to approve or disapprove the possession, use, or disposal of radioactivity in locations outside of our regulatory jurisdiction.

This office has previously informed Birmingham Steel that the concentration of Am-241 was below that established by the NRC in NUREG/BR-0241 as the decontamination criterion for Am-241. Thus the Am-241 content of the emission control dust and slag by itself is not sufficient to warrant decontamination or other regulatory concerns.

Sincerely,

[signed]
James L. McNees, CHP
Radioactive Materials Compliance Branch
Office of Radiation Control


JLM/jsm cc: Texas Natural Resource Conservation Commission
Waste Control Specialists, LLC
Texas Bureau of Radation Control