ML19309C818
| ML19309C818 | |
| Person / Time | |
|---|---|
| Issue date: | 01/28/1980 |
| From: | Minogue R NRC OFFICE OF STANDARDS DEVELOPMENT |
| To: | |
| Shared Package | |
| ML19309C819 | List: |
| References | |
| TASK-CC, TASK-SE SECY-79-646, SECY-80-054, SECY-80-54, NUDOCS 8004090297 | |
| Download: ML19309C818 (22) | |
Text
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 S"*
aanaery 28,,9a CONSENT CALENDAR ITEM For:
The Commissioners From:
Robert 8. Minogue, Director, Office of Standards Development EbO-h 4 v?
Thru:
Executive Director for Operations
Subject:
NRC RULEMAKING TO IMPLEMENT EPA'S " ENVIRONMENTAL RADIATION PROTECTION STANDARDS FOR NUCLEAR POWER OPERATIONS" (40 CFR 190)
Purpose:
To obtain Commission approval to publish for comment a proposed amend-ment codifying tne requirement for NRC licensees to comply with 40 CFR 190.
Cattcory:
Minor policy question requiring Commission approval.
Issue:
What is the best way to codify the Commission's responsibilities and requirements relative to EPA's 40 CFR 190?
Alte-natives:
1.
Do not amend NRC regulations.
Implement 40 CFR 190 on basis of EPA codification in Title 40 of the Code of Federal Regulations.
Pro: Eliminates effort and resource commitments associated with publication of regulations.
Con: 1.
Would leave NRC regulations without a reference to the requirement for compliance with 40 CFR 190 and NRC's anforce-ment responsibility.
2.
Would not codify NRC reporting requirements associated with 40 CFR 190, leaving license conditions as the only basis for implementation and enforcement.
2.
Publish minor amendments, to simply reference 40 CFR 190, state that NRC licensees must comply with 40 CFR 190, and set forth NRC reporting requirements for cases when 40 CFR 190 limits have been or may be exceeded.
Pro: 1.
Codifies in NRC regulations the requirement for NRC l
licensees to ccmply with 40 CFR 190.
2.
Avoids the redundancy of restating all provisions of 40 CFR 190 in NRC regulations.
Con: Oces not place the specific provisions of 40 CFR 190 in NRC regulations, so licensees will have to refer to 40 CFR 190 l
or NRC staff guidance for details.
Contact:
tMr*' 5 amoso 237
Tha Commissioners 2
3.
Publish more detailed amendments to include some or all of the specific provisions of 40 CFR 190 as well as NRC reporting require-ments for cases when 40 CFR 190 limits have been or may be exceeded.
Pro: Would place specific requirements in the regulations, allowing for more convenient reference to requirements.
Con:
1.
Repetition of specific requirements would be redundant.
2.
NRC regulations would have to be amended any time EPA amended 40 CFR 190.
Beckground:
EPA's 40 CFR 190 was published as an effective rule in 1977 (42 FR 2858, January 13, 1977, Enclosure "A".)
These standards apply to radioactive releases and radiation doses to the public as a result of all uranium fuel cycle operations, except mining operations, radon and radon daughter emissions, waste disposal, and transportation.
The standards provide that:
1.
Annual doses shall not exceed 25 millirems to the whole body, 75 millirems to the thyroid, and 25 millirems to.any other organ of any member of the public (excluding occupational doses).
2.
Releases of radioactive material per gigawatt year of electrical energy produced by the uranium fuel cycle shall not exceed 50,000 curies of krypton-85, 5 millicuries of iodine-129, and 0.5 milli-curies of plutonium-239 and other long-lived alpha emitters.
In accordance with an AEC/ EPA Memorandum of Understanding (38 FR 24936, September 11, 1973), the AEC (now NRC) will enforce these standards for its licensees.
The effective dates are December 1, 1980, for uranium mills and December 1, 1979, for other facilities, except for the krypton and iodine limits which have an effective date of January 1, 1983.
The EPA standards provide that the NRC may grant variances for temporary
.and unusual operating conditions.
Discussion:
Proposed Regulations An amendment would codify in NRC's regulations the compliance require-ment and NRC's enforcement responsibility relative to EPA's regulation 40 CFR 190.
Without an amendment, the compliance requirement would still exist, but one would have to refer to EPA's regulations to find l
it, and the fact that NRC is responsible for enforcement of 40 CFR 190 for its licensees would not be clear.
Therefore, Alternative 1 (do not amend regulations) is not recommended.
i Enclosure
'B" is a proposed Federal Register notice containing recom-mended proposed amendments to implement 40 CFR 190 (Alternative 2).
l These amendments would require licensees to comply with 40 CFR 190 and submit reports to NRC when 40 CFR 190 limits have been or may be violated.
The specific provisions of 40 CFR 190 are not included.
1 l
The Commissioners 3
The Commission could adopt more detailed amendments (Alternative 3) that would include some or all of the detailed provisions of 40 CFR 190.
The staff has prepared a set of such amendments (Enclosure "C") for the Commission's information.
The amendments repeat the requirements of 40 CFR 190 and would therefore be redundant.
Also, these amendments would have to be changed any time EPA changed 40 CFR 190.
The longer amendments would have the advantage of incorporating specific require-ments into the regulations, making enforcement more straightforward.
However, the staff believes that the disadvantages of the longer amend-ments outweigh this advantage and recommends the shorter amendments (Alternative 2).
Reporting Requirements The proposed amendments set forth NRC's reporting requirements for casee when 40 CFR 190 limits have been or may be exceeded.
With the possible exception of uranium mill licenses, specific release limits or offsite dose limits associated with 40 CFR 190 compliance will be incorporated into individual licenses.
(Final procedures for uranium mills are still under development; 40 CFR 190 is not effective for mills until December 1980.)
If these levels are exceeded over a calendar quarter, a report will have to be submitted to the Commission within 30 days.
The NRC would then take appropriate action depending on the situation.
Environmental reports submitted with new applications will be required to contain information relative to compliance with 40 CFR 190 in accord-ance with existing requirements in 10 CFR Part 51.
If the proposed amendments are finalized, they will require clearance from the General Accounting Office.
A preliminary "Value-Impact Assess-ment and Report Justification Analysis" has been prepared (Enclosure "D" which will be used as the basis for obtaining this clearance.
Implementation of 40 CFR 190 NRC licensees affected by 40 CFR 190 and the recommended proposed rule include reactors, uranium hexafluoride plants, commercial uranium fuel fabrication plants, and uranium mills.
(Any licensed uranium fuel reprocessing plants operating in the future would also be affected.)
A detailed discussion of the staff's implernentation program for 40 CFR 190 is included in a separate paper (Enclosure "E").
As discussed above, the program includes the addition of conditions to each license specifying emission limits or offsite dose limits for compliance with 40 CFR 190 and reporting requirements for cases where the limits are exceeded.
For reactors, the staff anticipates that in most cases compliance with Appendix I to 10 CFR Part 50-will assure compliance with 40 CFR 190.
Preliminary case-by-case reviews of the nine affected uranium hexafluori plants and fuel fabrication plants indicate that all but one are already.
in compliance with 40 CFR 190, and the staff is taking steps to assure
+
The Commissioners 4
that all facilities are in compliance.
Therefore, the staff expects few implementation problems for these facilities.
The 40 CFR 190 deadline for uranium mills is not until December 1, 1980.
The staff will provide a report to the Commission on implementation of 40 CFR 190 for mills at a later date.
Impact of Regulations As discussed above, compliance with 40 CFR 190 is an existing EPA requirement, and the NRC staff is already taking steps to enforce EPA's standard.
The proposed amendments merely codify the existing enforcement program.
Therefore, the proposed amendments would have no incremental impact on resource requirements of licensees or the NRC staff.
EPA addressed the impact of 40 CFR 190 in the associated environmental statement (EPA 520/4-76-016).
Since the proposed amendments merely codify NRC's enforcement program, the amendments themselves will have no environmental impact.
Therefore, an additional environmental statement need not be prepared.
Recommendation:
That the Commission approve the proposed amendments for publication in the Federal Register (Enclosure "B").
Coordination:
The Offices of Nuclear Material Safety and Safeguards and Nuclear React @
Regulation concur in this paper.
The Executive Legal Director has no legal objection.
The Office of Public Affairs recommends that no publi@
announcement be issued.
24J6.
Robert B. Minogue, Dire tor Office of Standards Development
Enclosures:
"A" - 40 CFR 190 "B" - Proposed Federal Register Notice "C" - Alternative Amendments (longer)
"D" - Value-Impact Assessment and Report Justification Analysis "E" - Paper on Implementation of 40 CFR 190
r 5
Commissioners' comments or consent should be provided directly to the Office of the Secretary by c.o.b. Wednesday, February 13, 1980.
Commission Staff Office comments, if any, should be submitted to the Commissioners NLT February 6,1980, with an information copy to the Office of the Secretary.
If the paper is of such a nature that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.
DISTRIBUTION Commissioners Commission Staff Offices Exec Dir for Operations ACRS Secretariat i
l l
l l
l
O DICLOSugg,
I
/
l THURSDAY, JANUARY 13,1977 PART Vil l
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h Y.
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ENVIRONMENTAL i
PROTECTION AGENCY
.l t
M a
RADIATION PROTECTION PROGRAMS O
Environmental Radiation Protection Standards for Nuclear Power Operations Enclosure A
2858 RULES AND RE2ULATENS Title 40-Protection of Environment lations on May 29, 1975. Letters were Agency has made its intent regarding CHAPTER L-ENVIRONMENTAL received from a broad cross-section of realistic implementation clear, as, for ex-PROTECTION AGENCY representatives of the general public, the ample,in the discussion of these matters industry, professional groups, the States. in the Final Environmental Statement suscHAPrta F-mADIADON PROrECTioN and Federal agenCles. In addition,17 and will Continue to do so if necessary as parties participated in three days of pub-implementation proceeds, to assure that
[FRL 654-4]
lic hearings and, in many cases, sub-unnecessary conservatism does not occur.
PART 190-ENVIRONMENTAL RADIATION mitted extensive additional written testi-In this regard, the NRC has recently PROTECTION STANDARDS FOR N U.
mony. In all. the contributed record issued a revised set of ngulatory guides CLEAR POWER OPERATIONS comprises over 3500 pages. Comment let-for light-water-cooled reactors which On Liay 10, 1974, the Environmental ters, a transcript of the public hearing. implement their announced intent to use and all submitted testimony are avail-the most realistic models available when Protection Agency (EPA) published an advance notice of intent to propose en*
able for viewing and copying in the adequate experimental data exist to per-vironmental radiation protection stand-Agency's Public Information Reference mit a prudent and scientific determina-ards for the uranium fuel cycle (39 FR Unit, Room 2922, US Environmental tion. These models are intended for use Protection Agency. 401 ht Street SW In implementing the recently-issued Ap.
16906) and invited public participation.
Washington, D.C. 20460. The Agency has pendix I to 10 CFR Part 50, which defines On hiay 29, 1975 EPA proposed regu*
lations setting forth such standards (40 considered all of this record in reaching design and operating criteria for single its conclusions for these final regulations. reactor units. EPA has examined Ap-FR 23420) pursuant to the Atomic En.
ergy Act, as amended, and Reorganizs*
At the time these standards were pro-pendix I and the accompanying regula-Lion Plan No. 3 of 1970 (35 FR 15623), posed, EPA released a Draft Environ-tory guides and agrees that they provide Numerous written comments were re-mental Statement and solicited public the basis for realistie implementation of ceived, and a public hearing was held on comments. A Final Environmental State-these standards for single reactor units.
ment is being made available concur-The existence of these requirements.
Afarch 810,1916 (41 FR 1124 and 41 FR 5349)3 rently with the promulgation of these coupled with the realization that most standards. This statement contains the existing reactor licenses are for no more These regulations setting forth envi-comments received on both the proposed than one or two units on a site, makes it ronmental radiation standards are here-standards and the draft statement, and unnecessary, in the Agency's judgment, by promulgated in final form. The stand-EPA's response to these comments. Single to reexamine the license conditions of ards specify the levels below which copies of the F!nal Environmental State-these licensees for compatibility with normal operations of the uranium fuel ment and an additional document con-these standards, unless the nearest cycle are determined to be environmen-taintng EPA's detailed responses to testi-neighboring site covered by this stand-tally acceptable. A number of changes mony received in connection with the ard is within ten miles. In these latter have been made in the proposed regu-public hearing are available from the cases small adjustments may be neces-
!ations in response to comments received. Director Criteria and Standards Division sary. However, in the vast majority of These changes modify and clarify the ( AW-460), O!!1ce of Radiation Programs, situations, the sum of all reasonably areas of applicability of the standards Environmental P r o t e e t i o n Agency, postulable contributions frorn sources k and their eifective dates, and expand Washington, D.C. 20460. Persons inter-other than the immediate site will be '
the cond!tions under which variances ested in a summary discussion of the small cetpared to these standards and,
may be granted. The numerical levels of background, rationale, interpretation, should Le ignored in assessing compli-the standards have been retained as and significance of these standards ance. It would not be reasonable to at-proposed.
should consult the notice proposing these tempt to incorporate into compliance ;
The Agency has benefited from exten-regulations and, for greater detail, the assessment doses which are small frac-sive public participation during the Final Environmental Statement.
tions of the uncertainties associated with s
course of the development of these regu*
lations. Sixteen comment letters were AfaJon Issers RAlsED dot!NG RrvIrw the determination of doses from the pr!-
mary source of exposure. The Agency' received in response to the Agency's May Three major issues were raised by has also concluded that, except under
- 10. 1974 notice of intent to propose commenters. These were: (1) concern highly improbable circumstances, con-standards, and 82 comment letters fol-that procedures for implementation of formance to these criteria should provide lowing the publication of proposed regu-the standards would be unnecessarily reasonable assugnce of compliance with conservative or costly. (2) disagreement these standards for up to five units on a iIn this connection the Agency received over the need for and cost-effectiveness site. This conclusion is based, amon requesta on behalf of Allied-General Nuclear of control of environmental r@tses of other considerations, upon realistic Con-Services (AONS) on October 4 and Decem-krypton-85 and other long-lived radio-sideration of anticipated site sizes and ber 2.191s. for a supplementat heartng on nuclides, and (3) disagreement over the the relative location of individual units, certain aspects of this rulemaking, on the form of the reiationship between effects as weil as the stochastie nature of grounds that the Agency is, in part, relying on health and radiation dose assumed in ef'!uent releases, upon information acquired subsequent to deriving these standards.
f A number of commenters including the A large number of commenters ex-AON n!d be an n tal bas a for tho NRC, also noted that shutdown of nu rulemaking but to erroneous. The Agency has pressed the view that implementation clear facilities for minor deviations from rettewed the matertats submitted in support would lead to more restrictive control of the standards wouu not oe' reasonable, of this request and conetuded that they efluents than intended due to the use of The Agency agrees, and notes that the '
l would not provide a sunicient hosts for atter-unnecessarily conservative models for use of such an extreme measure is not i
tog its conclustons. A response to new mat.
source terms, control capability, and required under present comp!!ance pro-ters addressed by this material has been environmental transport, and due to re*
cedures for !! censes issued pursuant to quirments for measonably large mar-test oy c,
neet o it the the Atomic Energy Act, and that these pub!!c bearing on these standards. In addt-gins between Nmal opnating 1 mis regulations do not add such a require-tion it ts noted that the Agency has preet-nnd the standards, especially at sites con-ment. A graded scale of action is an ap-ously (40 rrt 2342o) made pubite its Intent aining a number of facilities. The au-propriate regulatory response for achiev-a a *
- to maintain a continuing review thority to regulate fuel cycle facilities ing conformance. This may include, for of the appropriateness of these enetronmen-under these standards resides in the example, requirements for corrective ac-tal standards * *
- and to revise them, if Nuclear Regulatory Commission (NRC)*
tions, appropriate penalties, and, in ex-o7p d
8y treme cases, cessation of operations. The tn t in n
of th e
m ts th t dar above. the Agency has concluded that it is Agency is confident that the NRC will netther necessary nor appropriate to grant een expressed in terms of the dose to implement these standards in such a now the additional pubtle hearing requested. members of the public, rather than to we will. of course welcome the submisaton hypothetical receptors in order to en-g of additional factual data on the matters courage the use of realistic mode!S by the Some Commenters expressed the View concerned as it becornes available.
regulatory agency. In addition, the that it was not feasible to monitor con.
FIDitAt RIGl5 Tit, VOL 42, NO. 9-rHUR5 DAY, JAMIMtv IL 1 7
""Ql N-E
2S59 RULES AND REGULATCNS tras: (a) beyond th3 jurisdiction of EPA. cluded thnt th2 control of U.S. releases of krypton 85 is warranted on the basis formance with these standards through (b) unreasonably costly, (c) not achiev. of reducing its potential worldwide pu the use of environmental measurements. able by 1983. the proposed implementa-l!c health impact. In initiating a require-The Agency agrees that routine monitor-tion date (or,in the view of some com-ment for this control, the United States ing based exclusively upon environment-menters, was achievable prior to 1983), fulfills its responsibihty, as the world's al measurements would not be a reason. or (d) not a reasonable requirement of largest user of nuclear power. to pru-able means for assuring conformance and the reguladons do not contain such domestic industry until internationalvide leadership in this matter.
a requirement. Environmental objectives agreements are achieved to restrict emis. A number of commenters suggested sions from foreign sources.
that the proposed regulations should be are generally best achieved through con-The Agency has concluded that its amended to inslude standards for car-trols exercised at the source. For this jurisdiction is clear. Reorganization Plan bon-14 and, in some cases, other long-reason ef!!uent monitoring is generaUy No. 3 of 1970 specifically transferred to lived radionuclides. The Agency has preferable and such measurements, when EPA from the Atomic Energy Commis. studies of sources and controis for these combined with regulatory models for en-vironmental transport, would provide slon the authority to establish standards materials underway and anticipates that for "* *
- quantities of radioactive ma. proposals for appropriate environmental quite adequate demonstration of con-terials in the environm'ent * * *" and standards for carbon-14 can be made formance with the standards for the attaches no conditions to this authority shortly, with consideration of proposals vast malority of situations, based upon except a requirement that the standards for other materials following at a later existing experience. However. since vary-apply outside the boundaries of licensees. date. However, the knowledge base is not ing degrees of conservatism and uncer-tainty exist in all environmental models, EPA has ca.retuny reexamined the ye sdcist to permidncorporadon M the Agency believes it will of ten be ap. costs of control systems for krypton and these standards now.
propriate to supplement e!!!uent monitor-has concluded that a substantial portion mments wen receW reMM ing with connrming environmental meas-of the additional costs presented at the many W2 M Mew on MM de is-pubuc hearings is correct. This analysis sues. One m amed m W 4mcy s urements, as is now the regulatory prac*
t!ce. In the case of light water reactors, is reviewed in the Final Environmental pary renann on risk eshes pm models and monitoring requirements for Statement. However in spite of these in-vided by the recent report to EPA of the demonstrating conformance with Appen-creased costs, the installation of coa, Aca&my of Memes ( h a
trols for krypton-85 is believed to be Meets on Populadon,s of Wsure b b dix I of 10 CFR Part 50 are generally justified by the public health benef!ts Levels of Ionization, Report of the Ad-adequate for demonstrating conformance achievable. In today's dollars, the cost with these standards. Similar models and visory Committee on the Biological measurements would,in general, be ap-per unit radiation dose reduction at fu-Mects M IonWM Radamn, ME, propriate for most other types of fa-ture reprocessing facilities will be $50- 1972). These estimates are primarily 375 per man-rem for whole body doses, d
cilities.
and considerably less than this for doses t een exis ing d on hu pul In the special case of possible wind. to other organs. These values are more tions and the assurnstion of no effects at blown emuents from mill tailings, the than an order of magnitude. lower than zero dose. Another group believed this existence of operational measures (e g' limiting costs now specified in regula-mode no e
co r-t1 to temporary or permanent stabilization) tions governing the licensing of individ-
,q should normally be the criterion used for ual nuclear power reacton. It is recog-upon several investigators, hypotheses verifying compliance, in lieu of ef!!uent nized that the cost of retrofitting one c neerning the shape of the dose-effect and environmental monitoring, because facihty which is expected to be in opera-relationship at low doses. A third group of the di!!!culty associated with such tion before 1983 will involve greater believed these estimates to be too con-measurements. It should be noted that costs, and the regulatory agency is en-servative at low doses and low dose-rates.
doses resulting frorn exposure to radon couraged to explore means to minimize Frequent reference was mad t by the and its daughters, which are discharged costs to this facility in its implementa. third group to a report of the National from a mill site (or result from material tion of the standard for this pilot case.
n W
which has been discharged), are ex-Regarding the achievability of contro!
,nts po cluded, but that gamma radiation cross-over the release of krypton-85 to the en-implies that radiation standards should ing site boundaries from any on-site vironment by 1983. it is noted that this not be based upon numerical estimates source is covered.
or similar control technology is already of health effects and a recent report of In situations where members of the being offered commercially for nuclear the Nuclear liegulatory Commission (NUREG-75/014) which presents in public are actually exposed, these stand-reactors and fuel reprocessing facilities
- ards. in effect, preempt those regulations and is currently being installed, or is on addition to risk estimates based upori the National Academy of Sciences report, which are based upon the Federal Radia-er at s ve r
d a
tion Protection Guides C5 FR 4402) in-3g e
p aci y by
' some lower risk estimates based upon a s
lie e Agency re re, bell sofar as exposure of the public is due to operations defined to be included in ena exist for low linear energy transfer the uranium fuel cycle. For example, the tion date. However, a more accelerated radiation (gamma rays and beta par-dose limits in 10 CFR Part 20 would not schedule is not considered justifed. In ticles) which reduce the carcinogenic be the limiting consideration regarding view of the small amount of reprocessing e!!ect of radiation to levelt lower than exposure of members of the public as a that will occur before that date and the those predicted by the linear model. The result of uranium fuel cycle operations. present lack of operating experience with Agency has examined the evidence for These standardt do not, however, replace krypton controls' each of the above views and concluded application of the Radiation Protection Finally, we have examined arguments that, while each may have va!!dity under Guides to the regulation of sources not conceming me nM for intemauonal various assumptions or for various spe-included within the scope of the uranium agreement prior to the establishment of cific situations, the weight of currently available scientific evidence supports the fuel cycle. Finally. the graded scale of s andards an,d do not find them persua.
" y supports the development continued use of a linear, nonthreshold actions established in 1961 C6 FR 9057) 8 for use in implementing the Radiation of intematio"nal agreements, and is pres-model for deriving standards to protect Protection Guides do not apply to im-enUy pa e aung M me development of public health
- piementation of these standards but intemational guidance for control of Changes 3 fade in the Proposed Regu.
uld radioactive ecuents from the fuel cycle la h under me auspices of me Intemauonal on of r distion r te for des or Other radiation sources.
Atomic Energy Agency. A number of A number of changes have been made Several commenters expressed the view countries are already committed to or in response to comments received on the that a requirement for control of the un-are in the process of committing them-proposed regulations. The following de-restricted release of krypton to the en. selves to control of krypton releases. 'Ihe scribes and provides the reasons for each vironment from fuel cycle operations Agency supports this trend and has con-of these changes:
FfCIRAt RIC15TER, VOL 42, NO. 9 THUt$0AY, JANUARY 13, 1977 lj
2S60 RULES AND REGULATIONS 1.
Paragraph 190.02(b) has been standards would occur in such casm to the Agency and NRC that a four-year changed to delete transportation as an a degree that the added risk to the gen-implementation period is required at operation covere<1 by these standards and eral public is small and the environ-mills, rather than the three years pro-to specifically exclude waste disposal mental efect is acceptable in comparison vided for a!I other fuel eyele operations.
sites, which were previously not men-to the economic penalty that would be
- 7. Section 190.12(b) has been changed taoned. The Agency is addressing the de-associated with cessation of operation to clarify tne Agency's original intent velopment of criteria r.nd standards for or the anticipated public health and en-that the standards specified in para-management of radioactive wastes as a vironmental impact of available alterna-graph 190.10(b) apply to radioactive ma-separate matter, as mentioned in the no-tive sources of power. Por this reason, terials produced af ter the effective date.
tJce proposing these standards.
the variance provision has been broad-The Agency anticipates that promul-A number of commenters. including the enta so that the regulatory ag*ncy may, gation of these standards will serve, in NRC and the Department of Trans-if it deems it to be in the public interest. addition to providing for necessary pro-portation, pointed out the d!!Eculty of grant a variance in such situations. It tection of pub!!c health, to alleviate some irnplementing these standards for trans-should be noted, however, that the varl-of the uncertainties associated with the portation activities, particularly noting ance provision applies ohly to temporary design of environmental controls for fue!
the problems near nuclear facilities. and unusual situations. It is expected cycle facilities, and the consequent eco-In such cases an apportionment of that continued operation under the varl-nomic penalties, through stabilizing and the dose 11mits would appear to be neces-ance provision will be predicated upon providing direction to the process of de-sary in order to avoid unreasonably ex-an approved plan to achieve compliance velopment of standards and regulations.
tensive monitoring requirements for in an expeditious fashion. that is, in as The economic and inflationary impacts members of the public. Since studles short a time as is reasonably achievable. of these regulations have been evaluated by both EPA and NRC show that most The requirement for public documen-in accordance with Executive Order transportation-related doses are ex-tation of variances has been clarified and 11821 and it has been determined that ar.
pected to remain at small fractions of extended to apply to this broadened pro-Inf!ation Impact Statement is not re-these standards in any case, the imple-vision. EPA will not review individual quired. (The estimated annual cost of mentation difnculty does not appear to variances or compliance plans, which addit!cnal emuent contrcls required by warrant their inclusion in these stand-will be made pub!!c in accordance with theit. tegulations is in no case greater ards hmiting doses to individuals from the provisions of paragraph 190.11tb), tha n ser.: to twenty mi!!!on do!!ars, which uranium fuel cycle operations. The but will maintain a general overview is Ngnifiantly less than the one-hun-Agency will instead address this matter through periodic review of the use of dred million dollar annual cost cut-off under Ita broad authority inherited from this Section, established as the minimum for which the former Federal Radiation Council.
- 6. Section 190.12(a) has been changed an In!!ation Impact Statement is re-through the development of more gen-to provide that the effective date for the quired.)
eral guidance to all Federal agencies con-standards limiting doses to individuals Notice is hereby given that pursuant to the Atomic Energy Act of 1954, as amend-cerning radiation exposure arising from shall be December 1,1979, for all opera.
ed. and Reorganization Plan No. 3 of the transportation of all types of radio-tions except the mi!!!ng of uranium ore, active materials, not just those from the for which the effective date shall be 1970 'I1tle 40. Chappr I, of the Code of Federal Regulation m amended by add
- uranium fuel cycle.
December 1,1980.
ing a new SubchapWr F and Part 190 as
- 2. Paragraph 190 02(d) is changed to
- 1he NRC has carefully examined its set M below.
reflect the definition of " site implied by existing programs for implementation of Reorganization Plan No. 3 of 1970.
Appendix I at light-water-cooled reac-Dated: December ?8,1976.
- 3. Paragraph 190.02(f) is changed by tors, and the feasibility of integrating Rmu, E h, adding the word " spontaneously" to re-implementation of thase standards into
!!ect the Agency's original intent-that on-going prom as well as, in
- 4. Paragraph 190 02(g) is deleted and parallel implementing these standards A new Subchapter F. consisting of Part subsequent paragraphs in Section 190.02 at other types of fuel cycle facilities 190 is added to 40 CFR Chapter I as are renumbered. 'Ihis paragraph defined through development and promulgation follows:
uranium ore as ore containing 0.05% or of new regulatory guides and ind!vidual sueCHAPTER F-RADIAttoN PROTECTION more uranium by welght. As pointed out license conditions. Finally, there are PROGRAMS by one commenter, it 11 not desirable to matters regstding reactors which will PART 190-ENVIRONMENTAL RADIATION exclude cres containing less than this require generic treatment, such as the PROTECTION STANDARDS FOR NU.
Quantity of uranium, since future conditions reautred for comp!!ance when CLEAR POWER OPERATIONS demand for ore may make the use of there are multiple units on single sites.
8"'**#-~0*"'"*"*
such ores economically feasible.
It is the conclusion of the NRC, and the see.
- 5. Section 190.11 has been broadened Agency concurs, that the origina!!y pro, to permit a grenter degree of discretion posed two-year implementation period is 190.01 Apptteabt!1ty, 190 42 Deantuons.
to the regulatory agency to develop and insumeent and that three years will be apply conditions for the granting of var-required to complete this process. The suboart s-Environmental standards for the lance. As pointed out by a number of NRC review of these matters regarding uransurn ruei cycie commenters, it is not reasonable to pred-implementation has revealed that the 190.10 standards for normal operations.
icate the justification for variances solely case of mills is unique, since better in. 190.11 vartances for unusual operations, 190 12 mcun date on pub!!c need for orderly delivery of formation is required concerning a num.
power. Por example, a facility may have ber of alternatives for stabilization of At rnourry: Atomic Energy Act of 1954 as installed a control system which, in spite tallings--.both as to their relative roerit amended; neorganization Plan No. 3. of 1970.
of good faith performance on the part and the degree of periodic maintenance Subpart A-General Provisions of the supplier and the user, ma.y fait required. On June 3.1976, the NRC pub-to achieve operational capab!!!ty on a lished (41 E 22430) a notice of intent 6 190.01 Applicability.
l timely basis, or, once installed may ex-to prepare a generic environmental The provisions of this Part apply to ra-pertence operational failure at some statement on uranium milling oper2-diation doses received by members of the time, yet operation of the facility may tions. This e!! ort will be completed in public in the general environment and to l
not be essential to the " orderly delivery approximately two years, and includes radioactive materials introduced into the of electrical power." In addition, some Seld nicasurements with participation of general environment as the result of op-portions of this standard are predicated both EPA and NRC personnel. In add!- erations which are part of a nuclear fuel upon the use of waste treatment systems tion, the NRC issued proposed new e!'!u-cycle' not yet in general commercial use. Al-ent reporting requirements at mills on thoush in no case should operation con-November 17,1975 (40 FR 53230). In 6 190.02 Definitions.
tinue if safety is compromised. it may view of the above considerations, it is (a) " Nuclear fuel cycle" means the op-easily be that excursions above these the jointly agreed upon conclusion of erations defined to be associated with the I
r FICERAL 81015118, VOL 42, NO. 9-7HUS$D AY, J ANUAtr 13, 1977
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RULES AND REGULATIONS 2$61 production of electrical power for public logical effectiveness due to the quality member of the public as the result of ex-use by any fuel cycle through utillt.ation of radiation and its spatial distribution posures to planned discharges of radio-in the body. The unit of dose equivalent active materials, radon and its daugh-of nuclearenergy' fuel cycle" means the is the " rem." (One millirem (mrem) = ters excepted, to the general environment (b) " Uranium from uranium fuel cycle operations and operations of m!!!ing of uranium ore, 0.001 rem.)
to radiation from these operations.
chemical conversion of uranium. Isotopic (1) " Organ" means any human organ A
ty l rad
~ efirichment of Granium, fabrication of exclusive of the dermis. the epidermis.
s2 g e ) env uraalum fuel generation of electricity bY or the cornea.
ment from the entire uranium fuel cycle, a light water cooled nuclear power plant (D " Gigawatt year" refers to the per gigawatt year of electrical energy using uranium fuel, and reprocessing of quantity of electrical energy produced at produced by the fuel cycle, contains less spent uranium fuel, to the extent that the busbar of a generating station. A gig-than 50.000 curies of krypton 35,5 milli-these directly support the production of awatt is equal to one billion watts. A gis-curies of iodine-129, and 0.5 mt!!! curies electrical power for public use utilizing awatt-year is equivalent to the amount combined of plutonium-239 and other nuclear energy, but excludes mining op* of energy output represented by an av-alpha emitting transuranic radionuclides erations, operations at waste disposag erage electric power lev'el of one gigawatt with half-lives, greater than one year.
sites, transportation of any radioactive sustained for one year, material in support of these operations.
g..Stember of the public" means $ 190.11 Variances for unusual opere-d * " *-
and the reuse of recovered non uranium any individual that can receive a radi-special nuclear and by-product materials ation dose in the general environment.
The standards specified in i 190.10 may from the cycle, whether he may or may not also be ex-be exceede'd if:
(c) " General environment" means the posed to radiation"in an occupation as-(a) The regulatory agency has granted total terrestrial, atmospheric and aquatic sociated with a nuclear fuel cycle. Ilow-a variance based upon its determination environments outside sites upon which ever, an individual is not considered a that a temporay and unusual operating any operation which is part of a nuclear member of the public during any period condition exts, an; continued operation f uel cycle is conducted-in which he is engaged in carrying out is in the pubk Cest, and i
(d) " Site" means the area contained any operation which is part of a nuclear (b) Information is promptly made a within the boundary of a location under fuel cycle.
matter of public record delineating the the control of persons possessing or using (1) " Regulatory agency" means the nature of unusual operating conditions, radioactive material on which is con
- the government agency responsible for the degree to which this operation is ex-ducted one or more operations covered issuing regulations governing the use of pected to result in levels in excess of the by this Part.
sources of radiation or radioactive ma-standards, the basis of the variance, and (e) "Itadiation" means any or all of tertab or emissions therefrom and car-the schedule for achieving conformance the following: alpha, beta, gamma. or X-rying out inspection and enforcement ac-with the standards.
rays: neutrons; and high-energy elec-tivities to assure compliance with such 9 190.12 EKecthe date.
trons, protons, or other atomic particles; regulations, but not sound or radio waves, nor visible, fa) The standards in i 190.lc f a) shall Subpart B-Environmental Standards for be eNective December 1.1979 except that.
infrared, or ultraviolet light.
an um Fudyck for doses arising from operations assoc 1-(f) "Ttadioactive material" means any material which spontaneously emits $ 190.10 Standards for normal opera-ated with the milling of uranium ore the tions.
effective date shall be December 1.1980.
radiation.
{
(g) " Curie' (Cl) means that quantity Operations covered by this Subpart (b) The standards in i 190.10(b) shan of radioactive material producing 37 bil-shall be conducted in such a manner as to be e!!ective December 1,1979, except that lion nuclear transformations per second, provide reasonable assurance that; the standards for krypton-85 and fodine.
109 shall be effective January 1.1983, for (One millicurie (mCl) =0.001 C1.)
(a) The annual dose equivalent does any such radioactive materials generated (h) " Dose equivalent" means the not exceed 25 mi!!! rems to the whole by the fisrfon process af ter these dates.
product of absortsed dose and appropriate body 75 millirems to the thyroid, and 25 factors to account for differences in bio-millirems to any other organ of any IFR Dx.77-399 Filed 1-12-77;8:45 aml g
FEDERAL REGl5ff t. VOL 42. NO. 9 THutloAY, JANUAeY 13,19tr
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[7590-01]
PROPOSED FEDERAL REGISTER NOTICE NUCLEAR REGULATORY COMMISSION
[10 CFR Part 20]
STANDARDS FOR PROTECTION AGAINST RADIATION Environmental Radiation Protection Standards for Nuclear Power Operation AGENCY:
U.S. Nuclear Regulatory Commission ACTION:
Proposed rule
SUMMARY
The Nuclear Regulatory Commission (NRC or Commission) is con-sidering amending its regulations to incorporate the existing requirement for certain uranium fuel cycle licensees to comply with the Environmental Protection Agency's " Environmental Radiation Protection Standards for Nuclear Power Operations" (40 CFR Part 190), and to require licensees to submit reports to NRC when those standards have been or may be exceeded.
DATES:
Comment period expires (60-day comment period).
ADDRESSES:
Interested persons are invited to submit written comments to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, Attention:
Docketing and Service Branch.
FOR FURTHER INFORMATION CONTACT:
Mr. John W. Hickey, Office of Standards Development, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555 (phone:
301-443-5966).
SUPPLEMENTARY INFORMATION:
The Nuclear Regulatory Commission proposes to amend its regulations in 10 CFR Part 20, " Standards for Protection Against Radiation," to incorporate the existing requirement for compliance l
1 Enclosure "B"
[7590-01]
with 40 CFR Part 190, " Environmental Radiation Protection Standards for Nuclear Power Operations." The Environmental Protection Agency (EPA)
~
published 40 CFR Part 190 on January 13, 1977 (42 FR 2858).
In accord-ance with a Memorandum of Understanding between EPA and the former Atomic Energy Commission (38 FR 24936, September 11,1973), NRC is responsible for enforcing the provisions of 40 CFR Part 190 for NRC licensees.
Provisions of 40 CFR Part 190 - 40 CFR Part 190 requires certain
[
uranium fuel cycle facilities to be operated such that releases of radio-active material and resulting radiation doses to the public are below specified limits.
The effective dates for compliance are December 1, 1979, for most operations, December 1, 1980, for uranium mills, and January 1, 1983, for discharges of krypton-85 and iodine-129.
Variances may be granted by NRC under certain circumstances.
Proposed Amendments - The proposed amendments state that NRC licensees must comply with 40 CFR 190, and would require licensees to submit reports to NRC when 40 CFR 190 limits have been or may be violated.
Comments are particularly requested on the proposed reporting requirements.
Implementation - The NRC staff is already implementing 40 CFR Part 190 in accordance with the Memorandum of Understanding mentioned above.
Exist-ing licenses, except uranium mill licenses, are being amended to include radioactive release limits, dose limits, and other requirements associated with compliance with 40 CFR Part 190.
(Final procedures for uranium mills are still under development; 40 CFR 190 is not effective for uranium mills until December 1980.) Environmental Reports already required to be sub-mitted with new applications in accordance with 10 CFR Part 51, " Licensing 2
Enclosure "B"
[7590-01]
and Regulatory Policy and Procedures for Environmental Protection," will be required to include information relative to compliance with 40 CFR Part 190.
Section 51.20(c) of 10 CFR Part 51 already requires Environ-mental Reports to include a discussion of the status of the facility's compliance with applicable environmental quality standards imposed by Federal agencies.
The NRC staff will provide guidance to applicants, licensees, and others as appropriate on various aspects of compliance with 40 CFR Part 190.
Impact of the Proposed Regulations - Compliance with 40 CFR Part 190 is an existing EPA requirement and the NRC staff is already working to assure that its licensees will comply.
The proposed regulations would incorporate the existing requirement into NRC regulations and add a new reporting requirement.
Since the Environmental Protection Agency has already issued an environmental statement assessing the impact of 40 CFR Part 190 (EPA 520/4-76-016, November 1976), the Commission has concluded that any impacts associated with the proposed rules themselves will be insignificant, and an additional environmental impact statement is not required.
Pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and section 553 of title 5 of the United States Code, notice is hereby given that adoption of the following amendments to 10 CFR Part 20 is contemplated.
All interested persons who desire to submit written comments or suggestions for consid-l eration in connection with the proposed rules should send them to the Secretary of the Commission,I!.S. Nuclear Regulatory Commission, Washington, D.C.
20555, Attention:
Docketing and Service Branch by l
3 Enclosure "B"
[7590-01]
10 CFR Part 20 - Standards for Protection Against Radiation 1.
A new paragraph (c) is added to section 20.105 to read as follows:
9 20.105 Permissible levels of radiation in unrestricted areas.
(c)
In addition to other requirements of this part, licensees engaged in uranium fuel cycle operations subject to the provisions of 40 CFR Part 190, " Environmental Radiation Protection Standards for Nuclear Power Operations" shall comply with that part.
2.
Paragraph (f) of Section 20.106 is amended, and a new paragraph (g) is added, to read as follows:
620.106 Radioactivity in effluents to unrestricted areas.
(f) The provisions of paragraphs (a) through (e) of this section do not apply to disposal of radioactive material into sanitary sewerage systems, which is governed by $20.303.
(g)
In addition to other requirements of this part, licensees engaged in uranium fuel cycle operations subject to the provisions of 40 CFR Part 190, " Environmental Radiation Protection Standards for Nuclear Power Operations," shall comply with that part.
t 3.
Paragraph (b) of Section 20.405 is amended, and a new paragraph (c) is added, to read as follows:
620.405 Reports of overexposures and excessive levels and concentrations.
4 Enclosure "B"
[7590-01]
(b) Any report filed with the Commission persuant to paragraph (a) of this section shall include for each individual exposed the name, social security number, and date of birth, and an estimate of the individual's exposure.
The report shall be prepared so that this information is stated in a separate part of the report.
(c)
Inadditiontoanynotificationrequiredbyj20.403,each licensee shall make a report in writing within 30 days to the appropriate NRC Regional Office listed in Appendix D with a copy to the Director of Inspection and Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, of levels of radiation or releases of radioactive material in excess of limits specified by 40 CFR Part 190, " Environmental Radiation Protection Standards for Nuclear Power Operations," or in excess of license conditions related to compliance with 40 CFR Part 190.
Each report required under this paragraph shall describe the extent of exposure of individuals to radiation or to radioactive material; levels of radiation and concentra-tions of radioactive material involved; the cause of the exposure, levels or concentrations; and corrective steps taken or planned to assure against a recurrence.
(Section 161b. and i., Pub. L.83-703, 68 Stat. 948 (42 U.S.C. 2201);
Sec. 201, as amended, Pub. L.93-438, 88 Stat.1243, Pub. L. 94-79, 89 Stat. 413, (42 U.S.C. 5841) Memorandum of Understanding between the Environ-mental Protection Agency and the Atomic Energy Commission, August 1973, 38 FR 24936, September 11,1973.)
Dated at Washington, D.C. this For the Nuclear Regulatory Commission Samuel J. Chilk i
Secretary of the Commission j
5 Enclosure "B"
7.
9 ENCLOSURE C s
(
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~~
ALTERNATIVE AMENDMENTS WHICH COULD BE ADDED TO THOSE RECOMMENDED 1.
Add to Section 20.1 -
Purpose:
(d) Under the provisions of Reorganization Plan No. 3 of 1970, environ-mental radiation standards promulgated by the U.S. Environmental Protection Agency have been incorporated into this Part.
These standards apply to doses received by persons outside of the bound-aries of locations under the control of persons possessing or using radioactive materials covered by Parts 20, 30, 40, 50, and 70 of this chapter in operations defined in this Part as being within the
" uranium fuel cycle."
2.
Add to Section 20.3 - Definitions:
(19) " Uranium fuel cycle" includes certain operations that support commer-cial electric power production utilizing slightly enriched uranium in light-water-cooled nuclear reactors.
The operations are:
milling of uranium ore, chemical conversion of uranium, isotopic enrichment of uranium, fabrication of uranium fuel, the generation of electricity by light-water-cooled nuclear power reac' tors, and the reprocessing of spent fuel.
Operations excluded are:
mining, operations at waste disposal sites, operations involved with the reuse of recovered non-uranium special nuclear materials, and the transportation of ores, concentrates, fuel materials, new or spent fuel, and waste products.
(20) " General environment" means the total terrestrial, atmospheric, and aquatic environments outside of the boundaries of locations under 1
Enclosure "C"
9 the control of persons engaged in operations which are part of the
" uranium fuel cycle."
3.
Amend paragraph (c) of Section 20.4 - Un.ts to read:
"The rem, as used in this part as a unit of the dose equivalent, is..."
4.
Section 20.105 - Redesignate the first paragraph to be (a)(1) and add:
"..., except that, (2) for operations defined in Section 20.3(19) as part of the " uranium fuel cycle," reasonable assurance shall be provided that the dose equivalent to any member of the public in the general, environment in any calendar year does not exceed 25 millirems to the whole body, 75 millirems to the thyroid gland, or 25 millirems to any other organ with the exception of the cornea of the eye, the dermis, or the epidermis.
For the purpose of evaluating compliance with the above environmental radiation standards for the " uranium fuel cycle,"
the following conditions apply:
(i) doses received by individuals as a result of occupational expo-sure need not be included; (ii) doses received by individuals while they are within the boundaries of locations under the control of persons engaged in operations defined as part of the " uranium fuel cycle," and not covered by paragraph (i),
above, need not be ir.cluded; (iii) dose contributions from other operations within the definition of " uranium fuel cycle" are to be included, except when the inclusion of these additional contributions will not produce a total increase of greater than 10 percent in the estimated annual dose; 2
Enclosure "C"
(iv) the dose arising from emissions of radon and its daughter pro-ducts may be excluded; (v) doses not arising from routine planned or anticipated releases of effluents or radiation from onsite activities during normal operations may be excluded; (vi) dose contributions arising from preexisting radioactive materials present outside of the boundaries of locations on which " uranium fuel cycle" operations are conducted prior to December 1, 1979 or, for uranium milling operations, prior to December 1, 1980 may be excluded; provided that these contributions have been assessed prior to these dates.
(vii) the provisions of paragraph (b) of this section and S 20.106 will apply to " uranium fuel cycle" operations only to the extent that these provisions would not result in doses to individuals in the general environ-ment in excess of the limits specified above.
l 3
Enclosure "C"
e a.
L S
ENCLOSURE D
_ _