ML20043E344
| ML20043E344 | |
| Person / Time | |
|---|---|
| Issue date: | 04/30/1990 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| References | |
| FRN-55FR19890, RULE-PR-20, RULE-PR-30, RULE-PR-40, RULE-PR-70 AC91-1-060, AC91-1-60, PR-900430, NUDOCS 9006120326 | |
| Download: ML20043E344 (27) | |
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DOCKET NUMBER g g-PROPOSED RULE A
Original sent to the
{y5 Ff, /91P94) f_7590-01]:
O!! ice of tha Federal Regsst for oublication:
DOCKET D
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1 4
TO !"d' -9 p q g 3 NUCLEAR REGULATORY COMMISSION L
10 CFR Parts 20, 30, 40, and 70~
RIN 3150 - AC 91 Notifications of Incidents l
AGENCY:
Nuclear Regulatory Comission.
p
. ACTION:
Proposed rule.
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SUMMARY
- - The Nuclear Regulatory Comission (NRC) proposes to amend its regulations-to revise licensee reporting requirements regarding the noti--
fications of incidents.related to radiation safety.- This action is needed to' ensure that significant occurrences at material licensee facilities are promptly' reported to NRC so that the Comission can eva'.uate whether the licensee has taken the action required to protect t
t'.e _public health and safety and whether generic safety concerns are:
identified that may require prompt NRC action.
DATE:
The coment period' expires 75 days after publication. Coments received after this date will be considered if it is practical to do so, but the staff is able to ensure consideration only for coments received i
or before-this date.
ADDRESSES: Mail written coments to the Secretary, U.S.. Nuclear Regulatory Comission, Washington, DC 20555, Attention:
Docketing and-Service Branch.
Coments may be delivered to One White Flint North, f'O
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/p r (bpfl 9006120326 900430 PDR
-PR-20.SDFR19890 PDR DS,' C) !
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t comments rneived on the proposed rule, may be examined at the NRC Public Document Room, 2120 L Street NW (Lower Level), Washington,. DC.
-r FOR FURTHER INFORMATION CONTACT:
Joseph J. Mate, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301)492-3795.
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SIPPLEMENTARY INFORMATION:
Background
Current regulations require that NRC licensees promptly report certain events involving-by-product, source, or special nuclear material-that cause or threaten to cause the exposure of the whole body to
-specific levels of radiation, the release of radioactive material in specific concentratitas, the loss of use of facilities.for a specific duration, or damage to p:operty in excess of a specific dollar amount.
Ttc events are to be reported either immediately or within-24 hours, depending on the nature and severity of the event as defined in 6 20.403.
NRC has become concerned that certain provisions of 5 20.403 need to be revised because licensees have not been reporting certain significant events. Two examples of events-that were not reported are shown below.-
In both cases, the licensee was cited for violations.
In one case, a fire destroyed a material licensee's building that contained the licensee's moisture density gauge. Damage caused by the SM fire rendered the gauge unusable, although no radioactive material vias released.
NRC was not notified of the fire.
As a result, a potentially 4
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significant event was not promptly evaluated by NRC to determine whether the damaged gauge might present a hazard to public health and safety.
In a second case at a licensee's site, a uranium hexafluoride cylinder bulged but did not rupture. The event was not reported to NRC.-
Again, this ineant that NRC was not able to promptly evaluate the potential hazard associated with the incident.
After this incident, a uranium hexafluoride cylinder in a similar situation at another licensee's site did rupture, causing one death and several injuries.
Discussion The existing reporting requirements in 10 CFR 20.403 are general.
The NRC staff has examined the provisions-of 6 20.403 and decided that:
revisions are appropriate to better describe reporteble events having significant implications for public health and safety. The rule would be a mr.ter of compatibility for the Agreement States. The Agreement States participated in the development of this rule, and their comments were incorporated as appropriate. In. final form, this rule would amend the 4
major revision to Part 20. currently under consideration by the Consnission 7
(51 FR 1092; January 1,1986).
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Paragraphs (a)(3), (a)(4), (b)(3), and (b)(4) of 5 20.403 that deal
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with loss of operation and damage to property would be deleted because the staft believes these criteria are not the best way to describe events that pose a hazard to public health and safety or the environment.
For example, the periodic loss of operation of a facility is.not necessarily related to any potential hazard to the public or environment. The same is true for the cost of repairing damage, which may be high for reasons 3
[7590-01) unrelated to any potential radiation hazard associated with licensed material. The deleted sectivns are being replaced with new criteria that wil'. be added to Parts 30, 40, and 70.
Criteria for nuclear power reactors are alrea?) contained in 5 50.72 of 10 CFR Part 50. The staff believes the new requirements to be added to Parts 30, 40, and 70 will be more indicative of potentially significant events affecting the health and safety of the public and the environment.
The intent of these amendments is to require prompt notification (either immediately or within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />) to the NRC of events that would require prompt action by the NRC to protect public health and safety or the environment.
Prompt NRC actions may include evaluating the potential hazards and corrective actions ' ing taken by the licensee, issuing immediate warnings of generic hazards to other licensees and appropriate organizations, activating the NRC incident response center, or dispatching a response team to the site of the event.
The NRC specificelly requests public comments on (1) the appropriateness of these amendnentt, (2) the number of reports that licensees expect might be generated ye:rly, (3) how to minimize reports of events that do not require a prompt NRC response without excluding any events that do require prompt MRC actions, and (4) events that would recuire p"ompt NRC actions but are not covered under the proposed amend-ments, and how to include these events in the nctification requirements.
The proposed amendments for Par's 30, 40, and 70 are identical.
The discussion that follows is, therefore, organized by the type of requirement rather than by the part of the regulation where it is found. The proposed amendments do not apply to activities reportable under 10 CFR Part 50.
The proposed amendments do apply to con rcial power reactor licensees for activities licensed under Parts 30, 40, and 70.
Since the notification 4
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- requirements under 10 CFR Part 50 do not apply-to research and test reactors, the proposed amendments also apply to such reactors possessing material licensed under Parts 30, 40, and 70.
Immediate Notification A period of 4 hcurs would be the maximum time allowed for "immediate notification" by material licensees.
It is intended that licensees will notify the NRC of incidents as soon as possible, but in no case later than 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> after discovery. This is consistent with some of the; immediate reporting requirements specified in 6 50.72 for power reactors.-
- Four hours was used because many smaller material licensees oo not have the capability to quickly assess and respord to events that reactor licensees possess and because the degree of hazard posed by nonreactor events is typically much smaller than.the hazard-posed by reactor events.
-Control of Licensed Material
- The primary responsibility for controlling licensed materie.1 and ~
Osing it safely rests wito the licensee.
It is important that the NRC immediately receive reports of events that prevent or threaten to prevent the licensee from performing safety-related duties necessary to maintain control of licensed material and protect the public.
A reporting requirement for these types of' events would be included.- A similar requirement is currently specified in 10 CFR 50.72 (b)(1)(vi) for reactor licensees.
Licensees will need to exercise some judgement in determining-when.
events require an immediate NRC notification.
After an event has been 5
[7590-01]-
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discovered, the licensee must determine what imir.euiete actions ara necessary to' maintain and verify control of any licensed material inyoived.
An imediate NRC-notification would be required if (1) the g
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event prevented the licensee from performing any of those actions, or (2) the' event created a condition that could have prevented any of those actions.
In either case, an imediate report is required regardless of 6
E the duration of the incident that prevented-the licensee from performing P
the appropriate actions.
For example, an imediate NRC notification would be required.if a filled uranium hexaflouride. cylinder bulged or a ccntainment showed signs er of failing in'a way that would injure individuals in the area and prevent imediate actions necessary to maintain and verify control of licensed.
b material. The NRC must be aware of such a potential hazard so it can assure that appropriate actions are taken.
F-Imediate notification is required only if events or conditions h.
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involving licensed material threr. ten an imediate disabling injury or threaten to prevent imediate protective actions necessary to protect the public or the environment.
For example, immediate NRC notification is m
not required if crumbling insulation is exposing licensee persor.nel'to airborne asbestos fibers.
Although the condition threatens the health of s
the workers, it does not threaten an imediate disabling injury or threaten to prevent immediate actions necessary to maintain and verify control of the licensed material In the event of a fire involvin3 licensed material, an imediate NRC notification would be required if workers could not secure the licensed material; or essess releases because of the fire. An imediate notifica-tion Wold also be required if firefighters m.id not enter the area to i
combat the fire because of high radiation levels or other.rddiological 6
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a hazards.
If all immediate actions necessary to control the licensed l
material and extinguish the fire were performed but the licensed material or its container was still damaged, a 24-hour notification would be -
required by the proposed reporting requirement for fires and explosions.
In the event of an explosion involving licensed material, an immediate notification would-be regtired if the resulting damage prevented workers from securing the licensed material or assessing s
releases.
If all immediate actions necessary to control the licensed material were performed but the material or its container was still damaged, a-24-hour notification would be required by the pronosed reporting requirement for fires and explosions.
An innediate cutification would also be required if a tornado or other natural phenonenon caused damage that prevented workers from per-forming immediate actions necessary to control licensed material and
. verify whether any releases had occurred.
Contamination Events A new requirement would be added for licensees to report y
contamination events if access to-an area must be restricted for more than P4 hours because of tFe contamination.
This regt!1rement is intended m
to coser events that cause accidental contamination in excess of the radic1cgical conditions normally present.
If.the accidental ce,ntamination is not cleaned up in a timely manner, personnel entering
- the area may receive urmeressary radiation exposure and may spread i
contamination. to theinselves, others, or other areas.
This requirement is applicable to both unrestricted' areas and restricted areas where additional restrictions are imposed. For example, 7
[7590-01) a radioactive waste container storage area is normally locked and
.s restricted.
If a spill contaminatee the floor for more than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> and required workers entering the area to wear additional anti-contamination clothing, NRC notification within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> would be required.
Another_ example is a spill of a liquid containing technetium-99m in a nuclear pharmacy. ' To minimize the dose to workers cleaning up the l
{
spill, areas contaminated with technetium-99m are typically isolated for 7
a short time to allow the technetium to decay. Technetium-99m has a half _-life of 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br />.
If the area must be isolated for more than 24
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hours, a 24-hour NRC notification would be required.
It is important.
that NRC receive notification of such events because prompt NRC action may be necessary to ensure that-the contamination and cleanup activities are performed in a timely manner. Moreover, if the' contamination cannot
.be cleaned up within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, the matter may be significant and require 4
prompt NRC on-site presence.
o Safety Equipment Related Events A reporting requirement would be added foi' licensees to report within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> events in which equipment necessary to prevent uncontrolled releases of radioactive material, to prevent overexposures to radiation, or to mitigate the consequences of an accident is disabled-or fails to function as designed when it is needed. This reporting 7r requirement includes equipment failure, equipment damage, and procedural errors which cause equipment to fail or be disabled.
NRC must be aware of these events to identify potential safety hazards and to ensure that i
the licensee takes appropriate actions to protect workers and the public.
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A similar requirement is currently specified in 10 CFR 50.72(b)(2)(iii) for reactor licensees.
Licensees will need to exercise some judgement in determining when.
an event requires a 24-hour NRC notification.
First, the licensee must determine whether the inoperable equipment was needed to prevent uncon-trolled releases, overexposures, or mitigate the consequences of an acci -
dent. Second, the licensee must determine whether the function of the equipment..- or the availability of the function -- was needed when the-equipment was disabled or failed to function. A 24-hour notification is not required if neither the fun. tion nor its availability was needed when the equipment was inoperable. Third, if the inoperable equipment was an individual component, the. licensee must determine whether redundant equipment was operable and available to autome.tically perform the required function.
The following are examples of reportable events:
1.
A malfunctioning interlock on an irradiator chamber door.
If the interlock fails, the door could be opened while a source containing several thousand curies is exposed, resulting in'a person receiving a
. large radiation dose in a-very short time. Prompt NRC action may be necessary to warn other licensees of generic safety problems or to ensure the licensee specifies adequate controls to protect occupational workers and the public.
2.
Failure of a high efficiency particulate air (HEPA) filter in-the venti ~iation system of a fuel f abrication plant.
HEPA filters are used to prevent uncontrolled' releases of tranium particles when uranium powder is processed to make, reactor fuel. If workers discover that a filter had a hole in it while uranium powder was being processed, a 24-hour NRC notification would be required. The NRC must be aware of 9
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.this event to ensure that the licensee takes appropriate actions to determine if a release occurred or to independently verify that action is
/ficient to protect the public health ant' safety.
3.
Failure of radiography equipment necessary to retract and lock the source in its sofe, shielded position.
If a radiography source cannot be retracted and-locked in its camera, prompt NRC action would be needed to ensure that appropriate steps are taken by the licensee to recover u d secure the source.
4.
Damage to the shielding in a gauge that exposes the radiation source or that prevents'an exposed source from being reshieldea. Many nuclear gauges are authorized for use in non-nuclear industries because the sources are well shielded and extensive radiation exposure controls are not required.
If a gauge source is left unshielded, prompt flRC action would be needed to ensure that appropriate steps are taken by the licensee to control radiation exposure, reshield the source,'and secure the gauge.
S.
Failure of.a teietherapy timer during treatment. Teletherapy units.used to deliver large doses of radiation to ccncer patients have timers that automatically close the-unit's shutter -- stopping the radi-ation exposure -- after a prescribed treatment is completed. Teletherapy units contain radiotion sources that deliver large doses in a short time.
If a teletherapy timer failed to automatically close the shutter when required, the attending technician would have to manually activate an.
electrical backup or mechanical-mechanism to close the shutter.
Since-no redundant equipment is available to automatically close the shutter, a 24-hour'flRC notification of a teletherapy time: failure would be required.
This would permit prompt NRC action to ensure that the licensee takes appropriate steps to investigate why the timer failed.
It might even be
.necessary for flRC to warn other licensees of teletherapy units if a generic' problem was discovered..
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3-Personal Injury Events A requirement would be added for licensees to report within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> events,that require medical treatment of a radioactively contaminated individual at a medical facility. These events are highly significant x
because they may (1) indicate safety problems in a licensed operation, (2) risk internal contamination through open wounds, and (3) expose medi-4 cal-personnel to radiation and contamination. A simil:,r requirement.is currently specified in 10 CFR 50.72(b)(2)(v). To ensure that any event-of this type occurring at a medical facility is reported, this requirement does not stipulate transporting the injured individual as requisite.
However, to avoid numerous reports of insignificant events i
such as a medical technician puncturing a hand with a syringe containing-1 3 radiopharmaceutical, a note is added to clarify that a 24-hour
- notification is not required if first aid for a superficial injury at a licensee-maintained medical facility is the only treatment rendered.
Fires and Explosions A new requirement would be added to report within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> all fires and explosions damaging licensed material or any device, container, or equipment containing licensed material. These events must be evaluated promptly.to minimize any spread of contamination and to determine the _
performance of shielding and other features designed to control licensed material.
Fires or explosions damaging licensed material are of particua lar significance because they can cause material in sealed sources to be-released, generate airborne radioactive contr.mination, and generate 11
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.c contaminated runoff from water used to extinguish fires.
A second notification is not required if an immediate notification was made for a fire or explosion (see the discussion eoote for Control of Licensed Material).
. Yk.
f Written Reports 7 IF t
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The proposed rule would require a written report within 30 days of any immediate or 24-hour notification similar to the written report currently required by 5 20.405. Written reports prepared pursuant to other regulations may be submitted to fulfill this requir oent if the report contains all of the necessary information and the appropriate distribution.is made.
Environmental Impact:
Categorical Exclusion
' The HRC'has determined that this final. rule is the type of action described in categorical exclusion in 10 CFR 51.22(c)(2). Therefore, neither an environmental impact statement nor an environmental assessment-
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i has been prepared for this proposed regulation.
Paperwork Reduction Act Statement b
The proposed rule amends information collection requirements that' are subject-to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et
)
seq.). This proposed rule has oeen submitted to the Office of Management
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and Budget for review and approval of the paperwork requirements.
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Public reporting burden for this collection of information is estimated to average 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> per response, including the time for reviewing instructions, searching existing data sources, gathering;and maintaining the data needed, and completing and reviewing the collection of information.
Send coments regarding this burden estinate or any
- other aspect of this collection _of information, including suggestions for reducing this burden, to the-Information and Records-Management Branch (MNBB-7714), U.S. Nuclear Regulatory Comission, Washington, DC 20555; and to the Paperwork Reduction Project (3150-0014, 3150-0017, 3150-0020, and3150-0009), Office of Management and Budget, Washington, DC 20503.
Regulatory Analysis i
The Comission has prepared a draft ragulatory analysis on this proposed regulation. The analysis examines the costs and benefits of the-alternatives considered by the Commihsion. The draft analysis-is avail-
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able for inspection in the NRC Public Document Room, 2120 L Street NP (LowerLevel), Washington,DC.
Single copies of the draft analysis may
- be obtained from Joseph J. Mate, telephone (301) 492-3795.- The Comis-sion requests public connents on the draft regulatory analysis.
Coments on the draft analysis may be submitted to the NRC as indicated under the ADDRESSES heading.
o Regulatory Flexibility Certification Based on the information available at this stage of the rulemaking proceeding and in accordance with the Regulatory Flexibility Act, 5 13
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U.S.C.605(b),'theCommission.certifiesthat,ifpromulgated,thisrule-1 I
-will not'have a significant economic impact on a substantial number of.
small entities. The proposed rule affects (.pt.. oximately 9,100 licensees monitored by HRC under 10 CFR Parts 20, 40, and 70..The licenses are-issued to academic. institutions, medical institutions, and in astrial entities. The proposed rule is being issued in order to reduce nisunderstandings by material licensees and to clarify the types of events that must be reported to NRC.
No report would be required of l
j 1fcensees unless there is an incident involving licensed mater:a1 that j
meetr the requirements specified in the proposed amendments. Since the-1 revised ~ reporting requirements are essentially the same as the current
. reporting. requirements, the impact on licensees should be minimal.
Backfit Analysis.
q i
The NRC has' determined that the backfit rule,.10 CFR 50.109, does not apply to this proposed rule and therefore a backfit analysis _is not required because the amendments that apply to power reactors (deletion of.
~10 CFR 20.403 (a)(3), (a)(4), (b)(3), and (b)(4)) involve only a relaxation of requirements.
Iy
.q List of Subjects in 10 CFR Parts 20, 30, 40,~and 70 i
10~CFR PART 20 Byproduct material, Licensed material, Nuclear materials, Nuclear power plants and reactors, Occupational safety and health, Packaging and l
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containers,-renalty, Radiation' protection, Reporting and recordkeeping requirements, Special nuclear material, Source material, Waste treatment and disposal.
10 CFR PART 30 Byproduct material, Government contracts, Intergovernmental relations, Isotopes, Nuclear materials, Penalty, Radiation protection, Reporting and.recordkeeping requirements.
10 CFR PART 40 Government contracts, Hazardous materials-transportation, Nuclear L
materials, Penalty, Reporting-and recordkeeping-requirements,. Source.
material, Uran 1um, i
k 10 CFR PART 70 g
iI Hazardous materials-transportation, Nuclear materials, Packaging and containers, Penalty, Radiation protection, Reporting and recordkeeping i
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requirements,. Scientific equipment, Security measures, Special nucler.r material.
For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy' Reorganization Aet-of 1974, as amended, and 5 U.S.C. 553, the NRC is proposing to adopt the following amendments tc 10 CFR Parts 20, 30, 40, and 70..
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PART 20 - STANDARDS FOR PROTECTION AGAINST RADIATION 1.
The authority citation for Part 20 continues to read as follows:
AUTHORITY:
Sect.. 53, 63, 65, 81, 103, 104, 161, 68 Stat. 930, 933, 935, 936, 937, 948, as amended (42 U.S.C. 2073, 2093, M 95, 2111, 2133, 2134, 2?01); Secs,201,asamended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C -5841, 5842, 5846).
Section 20.408 also issued under Secs, 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C.10155,10161).
For the purposes of Sec. 223, 68 Stat. 958, as amended (42 U.S.C.
2273);65.20.101,20.102,20.103(a),(b),and(f),20.104(a)and;(b),.
20.105(b) -20.106(a), 20.201, 20.202(a), 20.205, 20,207, 20.301, 20.303, 20.304,,and 20.305 are issued under Sec. 161b, 68~ Stat. 948, as amended (42U.S.C.2201(b));and$620.tC2,20.103(e),20.401-20.407,20.408(b),
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nnd 20.409 are issued under Sec. 1610,68 Stat.950,'asamended(42 U.S.C.2201(o)).
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520.403[ Amended]
2.
In 5 20.403, the semicolon and the word "or".following ii
. paragraph (a)(2) are removed and a period is inserted, and the semicolon and the word "or" following paragraph (b)(2) are removed and a period is
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inserted,andparagraphs(a)(3),(a)(4),(b)(3),and(b)(4)areremoved.
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l s.
3 PART 30 - RULE OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF BYPRODUCT MATERIAL 3.
The authority citation for Part 30 is revised to read as follows:
l -
AUTHORITY:
Sec. 81, 82 161,182,183,186, 68 Stat. 935, 948, 953, 954, 955,;as amended, Sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2111, 2112, 2201, 2232, 2233, 2236, 2282); Secs. 201, as amended, 202, 206, 88
-Stat. 1242, as amended, 1244,1246(42U.S.C.5841,5842,5846).
L Section 30.7 also issued under Pub. L.95-601, Sec. 10, 92 Stat.
.2051(42U.S.C.5851).
Section 30.34(b) also issued under Sec.184, 68, Stat. 954, as amended (42 U.S.C.' 2234). Section 30.61 also issued under L
Sec.187, 68 Stat. 955 (42 U.S.C. 2237).
For the purposes of Sec. 223, 68 Stat. 958, as amended (42 U.S.C.
L 2273); 56 30.3, 30.34(b)(c) and (f), and 30.41(a) and (c), and 30.53 are
- issued under Sec.161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b));. and 65.30.6,30.9,30.36,30.50,30.51,30.52,30.55,and30.56(b)and(c)
L are issued under.Sec. 1610,68 Stat.950,asamended(42'U.S.C.2201(o)).
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5::ti= 30,8 s revised to read as follows:
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s a. 8 1 s - r a n s c e m, s. -,,,- s.
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- 30.S(b) The approved information collection requirements contained in-this part appear _in SS 30.15, 30.19, 30.20, 30.32, 30.34, 30.36, 30.37,.
30.38, 30.50, 30.51, 30.55, and 30.56.
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f 5.
A'new S 30.50 under Records, Inspections, Tests, and Reports is i
added to read as' follows:
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l_30.50 Notification requirements.
(a)
Immediate notification.
Each licensee shall notify the NRC as soon as possible but not later than 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> after the discovery of any_
event involving licensed material that prevents or threaten to prevent immediate protective actions necessary to maintain and verify control of licensed material (includes fires, explosions, toxic gas releases, etc.).
(b) Twenty-four hour notification.
Each licensee shall notify the NRC within.24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> aftor the discovery of any of the following events involving licensed material:
(1) Any contamination event that restricts access to the contaminated area by workers or the public for more than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />.
(2) Any event in which equipment necessary to prevent uncontrolled releases of radioactive material, or to prevent overexposures to radiation, or to mitigate the consequences of an accident, is disabled or y
fails to function as designed when it is needed. Notification is not required when an individual component is disabled or fails _to function if redundant equipment is operable and available to automatically perform the required function.
(3) Any event that requires medical treatment of a radioactively contaminated individual.at a medical facility. Notification is not-required if first aid at a licensee-maintained medical facility _for a l-superficial injury is the only treatment rendered.
(4) Any fire or explosion damaging any licensed material or any device, container, or equipment containing licensed material.
(c) Preparation and submission of reports. Reports filed with the L
NRC pursuant to this section must have the names of persons who have received exposure to radiation stated in a separate part of the report.
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Reports made by licensees in respone to the requirements of this section' must be made as follows:
(1) Licensees shall make reports required by paragraphs (a) and (b) of this section by telephone to the NRC Operationt Center.I To the extent that the information is available at the time of notification, the infermetion provided in these reports must include:
(1) The caller's name and call back telephone number; (ii) A description of the event, including date and time; (iii) The exact location of the event; (iv) The isotopes, quantities, and chemical and physical form of the licensed material involved; and (v) Any personnel radiation exposure data available.
(2) Written report.
Each licensee who makes a report required by l
I paragraphI,a)or(b)ofthissectionshallsubmitawrittenfollow-up report within 30 days of the initial report. These written reports must t
l-be sent to the U.S. Nuclear Regulatory Commission, Document Control Desk, Washington, DC 20555, with a copy'to the' appropriate NRC Regional office listed in Appendix 0 of 10 CFR Part 20. The reports must include the following --
(i) A description of the event, including the probable cause and the manufacturer and model number (if applicable) of any equipment that failed or malfunctioned; (ii) The exact loc 6 tion of the event; (iii) 'The isotopes, quantities, and chemical and physical form of the licensed material involved; 1
The comercial telephone number for the NRC Operations Center is (202) 951-0550.
19
t
[7590-01]
l (iv) Date and time of the event; p
(v) Corrective actions taken or planned and the results of any evaluations or assessments; and (vi) The extent of exposure of individuals to radiation or to-radioactive materials.
(3) The provisions of G 30.50 do not apply to Licensees subject to I
the notification requirements in i 50.72. They do apply to research and 1
test reactors possessing material licensed under Part 30.
PART 40 - DOMESTIC LICENSING 0F SOURCE MATERIAL i
l 6.
The authority citation for Part 40 is revised to read as follows:
L AUTHORITY:
Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186,.68 Stat. 932, 933, 935, 948, 953, 954, 955, asamended, Sees.11e(2),83,84, Pub.L.95-604, 92 Stat. 3033, as amended, 3039, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2014 (e)(2), 2092, 2093, 2094, 2095, 2111, 2113, 2114, 2201, 2232, 2233, 2236, 2282); Sec. 274, Pub. L.86-373, 73 Stat. 688 (42 U.S.C.2021); Secs.201,asamended, 202, 206, 88 Stat. 1?42, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); Sec. 375, 92 Stat. 3021, as amended by Pub. L.97-415, 96 Stat. 2067 (42 U.S.C. 2022).
Section 40.7 also issued under Pub. L.95-601, Sec.10, 92 Stat.
j 2951 (42 U.S.C. 5841) Section 40.31(g) also issued under Sec. 122, 68 Stat.939(42U.S.C.2152). Section 40.46 also issued under Sec.184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 40.71 also issued under Sec.187, 68 Stat. 955 (42 U.S.C. 2237).
20
4
[7590-01]
For the purposes of Sec. 223, 68 Stat. 958, as amended (42 U.S.C.
2273);5540.3,40.25(d)(1)-(3),40.35(a)-(d),and(f)40.41(b)and(c),
40.~46, 40.51(a) and (c), and 40.63 are issued under Sec. 161b, 68 Stat.
948, as amended (42 U.S.C. 2201(b)); and il 40.5,40.9,40.25(c),(d)(3),
and (4), 40.26(c)(2), 40.35(e), 40.42, 40.60, 40.61, 40.62, 40.64, and 40.65-are issued under Sec. 1610, 68 Stat. 950, as amended (42 U.S.C.
2201(o)).
y('I y
pon5 '.Yb 7.
M et h, 40. b) is revised to read as followsi yp' g S'T S VO. 8 '.TnfonmWo<> ce //ecNn ^'erdumm2.' O/f5 offkmr/*
P r
r
/
7 J -- 540.0(b) The approved inicemation collection requirements contained in this part appear in 56 40.25, 40.26, 40.31, 40.35, 40.42, 40.60, 40.61, 40.64, 40.65, and Appendix A.
Y f
f P
8.
A.new $ 40.60 under Records, Inspections, Tests and Reports is added to read as follows:
6 40.60 Notification requirements.
(a) Immediate notification.
Each licensee shall notify the NRC as soon as possible but not later than 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> after discovery of'any event involving licensed material that prevents or threaten _to prevent innediate protective actions necessary to maintain and verify control of licensed material (includes fires, explosions, toxic gas releases, etc.).
(b) Twenty-four hour notification. Each licensee shall notify the NRC within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> after the discovery of any of the following events involving licensed material:
(1) Any contamination event that restricts access to the contaminated area by workers or the public for more than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />.
21 m
[7590-01)
(2)_ Any event in which equipment necessary to prevent uncontrolled 1
releases of radioactive material, or to prevent overexposures to radiation, or to mitigate the consequences of an accident, is disabled or j
fails to function as designed when it is needed. Notification is not required when an individual component is disabled or fails to function if redundant equipment is operable and available to automatically perform the required function.
(3) Any event that requires medical treatment of a radioactively contaminated individual at a medical facility. Notification is not required if first' aid at a licensee-maintained medical facility for a significant injury is the only treatment rendered.
(4) Any fire or explosion damaging any licensed material or any device, container, or equipment containing licensed material.
(c) Preparation and submission of reports. Reports filed with the NRC pursuant to this section must have the names of persons who have received exposure to radiation stated in a separate part of the report.
Reports made by licensees in response to the requirements of this section must be made as follows:
g/
fM (1) Licensees shall make reports required by paragraphs (a) and (b)
- ;7 yPl'90 of this section by telephone to the NRC Operations Center.I
/
J' To the X
extent that the information is available at the time of notification, the information provided in these reports must include:
(i) The caller's name and call back telephone number; i
(ii) A description of the event, including date and time; 2
/
The commercial telt. phone number for the NRC Operations Center is (202) 951-0550.
22
J
[7590-01)
(iii) The exact location of the event; (iv) The isotopes, quantities, and chemical and physical form of the licensed material involved; and (v) Any personnel radiation exposure data available.
(2)- Written report. Each licensee who makes a reporc required by paragraph (a) or (b) of this section shall submit a written follow-up report within 30 days of the initial report.
These written reports must be sent to the U.S. Nuclear Regulatory Commission, Document Control Desk, Washington, DC 20555, with a copy to the appropriate NRC regional office c
listed in Appendix D of 10 CFR Part 20. The reports must include the following --
(1) A description of the event, including the probable cause 1
and the manufacturer and model number (if applicable) of L'
any equipment that failed or malfunctioned; (ii) The exact 10. tion of the event; (iii) The isotopes, quantities, and chemical and physical form h
of the licensed material involved; i
(iv) Date and time of the event; 1
l (v) Corrective actions taken or planned and the results of any-evaluations or assessments; and (vi) The extent of exposure of individuals to radiation or to radioactive materials.
(3) The provisions of 6 40.60 do not apply to licensees subject to the notification requirements in 5 50.72. They do apply to research and test reactors possessing material under Part 40.
23
I v
[7590-01)
PART 70 - DOMESTIC LICENSTNG 0F SPECIAL NUCLEAR MATERIAL 9.
The authority citation for Part 70 is revised to read as follows:
AUTHORITY:
Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948, 953, 954,asamended,Sec.234,83 Stat.444,asamended(42U.S.C.2071, 2073, 220:
- 232, 2233, 2282); Secs. 201, as amended, 202, 204, 206, 88 Stat.1242, as amended, 1244, 1245, 1246, (42 U.S.C. 5841, 5842, 5845, ki 5846).
Sections 70.1(c)and70.20a(b)alsoissuedunderSecs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 70.7 also issued under Pub. L.95-601, sec.10, 92 Stat. 2951 (42 U.S.C.
5851). Section 70.P.1(g) also issued under Sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Section 70.31 also issued under Sec. 57d, Pub. L.93-377,
,88 Stat. 475 (42 U.S.C. 2077).
Sections 70.36 and 70.44-also issued l
under Sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234).
Section 70.61 also issued under Secs. 186, 187, 68 Stat. 955 (42 U S.C. 2236, 2237).
Section 70.62 also issued under Sec.108, 68 Stat. 939, as amended (42
'U.S.C. 2138).
For the purposes of Sec. 223, 68 Stat. 958, as amended (42 U.S.C.
2273); $$ 70.~4, 70.19(c), 70.21(c), 70.22(a), (b), (d)-(k), 70.24(a) and
-(b), 70.32(a)(3), (5), (6), (d), and (1), 70.36, 70.39(b) and (c),
70.41(a),70.42(a)and(c),70.56,70.57(b),(c),and(d),
-70.58(a)-(g)(3), and (h)-(j) are issued under. Sec.161b, 68 Stat. 948, as amended (42 U.S.C. 2201 (b)); 66 70.7, 70.20a(a) and (d), 70.20b(c).and (e), 70.21(c), 70.24(b), 70.32(a)(6), (c), (d), (e), and (g), 70.36, 70.51(c)-(g), 70.56, 70.57(b) and (d), and 70.58 (a)-(g) (3) and (h)-(j) are issued under Sec. 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(i));
24
[7590-01]
and il 70.5, 70.9, 70.20b(d) and (e), 70.38,70.51(b)and(i)70.50, 70.52, 70.53, 70.54, 70.55,. 70.58 (g)(4), (k), and (1), 70.59, and 70.60(b)and(c)areissuedunderSec. 1610, 68 Stat. 950, as amended (42 U.S.C.2201(o)).
, paefd *M zn
- 10. S::tionf70.8gb)isrevisedtoreadasfollows:
y qt
] 70. 8.7sbuss/m co/hc/44 Mtukemed.' 0/Y47 offM&O
,17I, t
?
?
?
y 7g t'b) The approved information collection requirements contained in this yft,p part appear in il 70.19, 70.20a, 70.20b, 70.21, 70.22, 70.24, 70.32, 70.33, 70.34, 70.38, 70.39, 70.50, 70.51, 70.52, 70.53, 70.57, 70.58, 70.59, and 70.60 f
W V-M-
- 11. A new # 70.50 under Special Nuclear Material Control, Records, Reports and Inspections is added to read as follows:
0 70.50 Notification requirements.
(a)
Immediate notification.
Each licensee shall notify the NRC as l
soon as possible but not later than 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> after the discovery of any 1
event involving licensed material that prevents or threaten to prevent' immediate protective actions necessary to maintain and verify control of l
licensed material (includes fires, explosions, toxic gas releases, etc.).
l (b) Twenty-four hour notification.
Each licensee shall notify the l
NRC within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> after the discovery of any of the following events involving licensed material:
i (1) Any contamination event that restricts access to the contaminated area by workers or the public for more than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />.
(2) Any event in which equipment necessary to prevent uncontrolled releases of radioactive material, or to prevent exposure to radiation, or to mitigate the consequences of an accident is disabled or fails to function as designed when it is needed.
Notification is not required 25
[7590-01]
when an individual component is disabled or fails to function if redundant equipment is operable and available to automatically perform the required function.
(3) Any event that requires medical treatment of a radioactively contaminated individual at a medical facility.
Notification is not required if first aid at a licensee-maintained medical facility for a superficial injury is the only treatment rendered.
(4) Any fire or explosion damaging any licensed material or any device, container, or equipment containing licensed material.
(i Preparation and submission of reports.
Reports filed with the NRC pursuant to this section must have the names of persons who have received exposure to radiation stated in a separate part of the report.
Reports made by licensees in response to the requirements of this section-must be made as follows:
(1) Licensees shall make reports required by paragraphs (a) and (b) of this section by telephone to the NRC Operations Center. I To the extent that the information is available at the time of notification, the information provided in these reports must include:
(i) The caller's name and call back telephone number; bpern -
y9)' 71b1 (ii) A description of the event, including date and time;
- 3. }- 10 (iii) The exact location of the event; (iv) The isotopes, quantities,-and chemical and physical form of the licensed material involved; and (v) Any personnel radiation exposure data available.
/
The commercial telephone number for the !!RC Operations Center is (202) 951-0550, 26
.o ;
r
[7590-01]
l (2) Written report.
Each licensee who makes a report reouired by paragraph (a)-or(b)ofthissectionshallprepareawrittenfollowup report within 30 days of the initial report. These written reports must be. sent to the U.S. Nuclear Regulatory Comission, Document Control Desk, Washington, DC 20555, with a copy to the. appropriate NRC regional office.
l l
listed in Appendix D of 10 CFR Part 20.
The renorts must include the following --
(1) A description of the event, including the probable cause I
and the manufacturer and model number (if applicable) of l
any equipment that failed or malfunctioned; l
(ii) The exact location of the event; (iii)- The isotopes,. quantities and chemical and physical form of the licensed material involved; (iv) Date and time of the event; (v) Corrective actions taken or planned and the results of any evaluations or assessments; and i
(vi) The extent of exposure of individuals to radiation or to i.
i radioactive materials.
j (3) The provisions of 5 70.50 do not apply to licensees subject to the notification ~requirementi in s 50.72. They do apply to research and-test reactors possessing material licensed under Part 70.
- ay of An/
,1990.
d Dated at Rockville, Maryland, this cpd t
For the Nuclear F Julatory Comission..
7 l
esM. Taylor /
l xecutive Director for Operations 27