RECIEVED- OFFICE OF WASTE MANAGEMENT- JUN 23 1999
RECIEVED- PERMITS DIVISION- JUN 24 1999

June 21, 1999

CERTIFIED MAIL NUMBER 501-901
RETURN RECEIPT REQUESTED

Mr. David Kania, Radiation Safety Officer
Waste Control Specialists, LLC
1710 West Broadway
Andrews, Texas 79714

Dear Mr. Kania:

The Bureau of Radiation Control was recently informed by staff of the Texas Natural Resource Conservation Commission of your intent to dispose of some material in your hazardous waste facility that contains naturally occurring radioactive material (NORM). They referred to an internal Waste Control Specialists Andrews Facility Radioactive Material Regulatory Interpretation Notice as the basis for acceptance of the waste. The Interpretation Notice states that the determination of radioactive material concentrations for purposes of disposal of exempt level NORM can be averaged over an entire shipment from the same generator, as long as the materials have similar characteristics and result from a single decontamination or decommissioning project.

The Interpretation Notice also stated that the position is supported by a letter dated March 6, 1999, signed by me, to Charles Dartez of Woodward-Clyde. The letter that I sent dealt with a single railcar load of NORM that was assumed to be well characterized by the generator and had also been sampled by Texas Department of Health staff. The reference to average concentration was not meant to apply to any entire shipment from a generator or for a generator to be able to average concentrations of material over an entire decommissioning project. In addition, the 30 picocuries per gram exemption limit for NORM other than that from oil and gas production is only applicable if the radon emanation has been characterized and found to be below the limit listed in the regulations.

If you have any questions concerning this matter, please contact me at (512) 834-6689.

Sincerely,
[signed]
Ruth E. McBurney, CHP, Director
Division of Licensing, Registration, and Standards
Bureau of Radiation Control

cc:
William P. Dornsife, Waste Control Specialists, LLC
Leigh Ing, Deputy Director, Office of Waste Management, TNRCC