ML19262D242

Submits Review of Proposed Revision to 10CFR51.Clarification Needed Re Status of Denial of Petitions Claiming Significant Environ Harm.Discussion of Categorical Exclusions & Environ Impact of Medical Licenses Needs to Be Expanded

ML19262D242
Person / Time
Issue date:	03/18/1980
From:	Sniezek J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To:	Cunningham G NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
References
REF-SSINS-0330 NUDOCS 8004250166
Download: ML19262D242 (2)

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I l tions Counsel 3

Guy H. Cunningham, III, Chief Regu a MEMORANDUM FOR:Legal Director Fuel Facilities J. H. Sniezek, Director, Division of I

IE and Materials Safety Inspection, CFR PART 51 FR0ft IE COMMENTS ON PROPOSED REVISI in the i i n of 10 CFR Part 51 (as pub

SUBJECT:

t has We have reviewed the proposed rev s o ent of this proposed revision of i ussions Federal Register March 3, 1980).

based on our review and infomal d inspection l

not participated in the deve opmoposed revision does not apply to j

however, it is our understanding,with ELD staff mem osed rule appears to be needed wit h

and enforcement activities.

i i n actions Section Sl.10(d) states that "Commiss o Clarification of one section of the prop NEPA. These t subject to Section 102(2) ofand respect to IE's activities. initiating or relating to administr f Part 2 ment actions or proceedings are noactions include EPA also include under Subpart 3 of Part 2 f dental of a petition which c not subject to Section 102(2) of N of this chapter,...

i pursuant to Section 2.206, for act onclarification ith respect j

l ham. The status of such denials i

(See is said to be unclear.

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considered to be another example o significant on-going environmentaanvironmental assessment 8 in to requirement of andiscussion of 40 CFR action 1508.1 f categorical exclusion Humber 14 l

38-48) of the proposed rule.)

We also suggest that the discussion od d as follows.

l of ials licenses issued pursua needs to be clarified and expan e 0 CFR l

i Categorical exclusion Number 14 covers s of licensing s

With respect to these excluded classede tha the certain specified types of mater the NRC tion of such materials licensees lted Parts 30, 40, or 70.

actions, the general statement is ma experience in licensing and inspecbelieves that m*

800425n i66

G. H. Cunningham 2

in any significant impact on the environment." This statement is followed, in the discussions of the specific types of excluded materials licenses, by quanti-tative statements concerning the relative magnitudes both of personnel exposures for radiation workers, and of effluent raleases, with respect to 10 CFR Part 20 limits. For example, in discussing licenses to academic institutions for educa-tional purposes, it is stated that "an average academic institution releases less than 5% of the maximum pemissible concentration listed in 10 CFR Part 20 for both air and water and the personnel exposure for radiation workers is less than 5% of the limits specified in 10 CFR 520.202." The basis for, and source of, these specific quantitative statements needs to be made clear.

The discussion of the environmental impact of medical licenses needs to be expanded to consider individual and collective radiation exposures other than occupational exposures. We understand that non-occupational exposures were not discussed because exposures to radiation from medical diagnosis and therapy are outside the regulatory authority of the NRC. The Calvert Cliffs decision, how-ever, made clear that the NRC cannot limit its consideration of environmental impacts, pursuant to NEPA, only to those impacts that fall within its regulatory authority. The radiation exposure of patients, individually and collectively, is a much larger radiological environmental impact than the occupational exposures that are discussed. Furthemore, radionuclides administered to patients result in some radiation exposures to patients' families and others. These environ-mental impacts should be discussed, at least briefly.

J. H. Sniezek, Director Ci?ision of Fuel Facility and Haterials Safety Inspection, IE cc:

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