RECORD IDD00-01-013

STANDARD NUMBER

INFORMATION DATE
1/28/2000 12:00:00 AM

SUBJECT
Interpretation of 10 CFR Part 850, definition of Beryllium

DISCLAIMER
The information contained in this response is a technical clarification to a DOE Rule or Directive and should only be applied to the specific conditions described in this response. These responses represent the best available technical knowledge available from the Department’s subject matter experts and are NOT binding upon the DOE. These responses DO NOT represent approval of a variance, exemption, or equivalence for any requirements. Requests for exemptions or equivalences for Directives requirements must follow the procedures in DOE O 251.1C. Interpretive rulings, that are binding on DOE, may only be made the Office of General Counsel.

QUESTION
I am requesting an interpretation of one of the definitions contained in 10 CFR Part 850. Specifically, one of the definitions contained in paragraph 850.3 of the rule is for beryllium. That definition is "Beryllium means elemental beryllium and any insoluble beryllium compound or alloy containing 0.1 percent beryllium or greater that may be released as an airborne particulate." Applying this definition to current work is fairly easy. If the material being used contains more than 0.1 percent beryllium, it is covered by the rule. Conversely, if it contains less than 0.1 percent beryllium, it would not be covered by the rule. My question concerns the application of this rule to facilities where beryllium is no longer used but was used in the past, and where beryllium contamination may remain on some surfaces in these facilities. As I read the above definition, if I check the concentration of beryllium in the settled dust in all areas of these facilities and the analysis indicates that the dust contains less than 0.1 percent beryllium, the dust, and hence the facility, would not be covered by the new rule, since it does not contain "beryllium" as defined in this rule. Is this a correct interpretation?

REGULATORY REVIEW
The definition of Beryllium does not include dust containing beryllium, however, it refers to compounds or alloys containing beryllium. The determination for beryllium should be made based on the original material being used in the facility.