ML20044G930
| ML20044G930 | |
| Person / Time | |
|---|---|
| Issue date: | 02/19/1992 |
| From: | Cunningham R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Cline W, Glenn J, Shanbaky M NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II), NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| Shared Package | |
| ML20044G927 | List: |
| References | |
| HPPOS-256, HPPOS-294, NUDOCS 9306070052 | |
| Download: ML20044G930 (4) | |
Text
_
FEB 19 993 MEMORANDUM FOR:
Those on Attached List FROM:
Richard E. Cunrongham, Director Divisicn of Industrial and Medical Nuclear Safety, NHSS
SUBJECT:
SUPPLEMENT TO POLICY AND GUIDANCE DIRECTIVE FC 84-20:
" IMPACT OF REVISION OF 10 CFR PART 51 ON MATERIALS LICENSING ACTIONS" This supplement provides guidance for determining when field studies are eligible for a categorical exclusion in accordance with 10 CFR 51.22 and do rot require coordination with NMSS.
A najor revision to 10 CFR Part 51 was published in the Federal Register in March 1984 (49 FR 9352) and established which categories of licensing actions are categorical exclusions and do not require an environmental assessment. A categorical exclusion for the use of radioactive material for research and development, and for educational purposes is granted in 10 CFR 51.22(c)(14)(v). However, the Statements of Consideration state that, "This cctegorical exclusion does not encompass performance of field studies in which licensed material is deliberately released directly into the environment for purposes of the study." The need for an environmental assessment for field studies should continue to be determined on a case-by-case basis.
A request for an environmental assessment can always be required in accordance with the provisions specified in 10 CFR 51.22(b).
Field studies that deliberately release radioactive material into the environment, such as tagging of animals which remain in the. wild, may require an enviror.rrental assessment in accordance with 10 CFR 51.21.
Further, if the propused activity is not similar to normal routine research, development and educational activities, then an environmental assessment may be needed.
All studies that may require an environmental assessment must be coordinated with hMSS as a Technical Assistance Request (TAR).
Field studies that do not deliberately release radioactive material into the environment, such as tagging of animals and penning them to prevent escape, may be eligible for a categorical exclusion (see Enclosure 1 for additional examples).
If the field study does not involve the " intentional or deliberate" release of radioactive material into the environment (e.g., the release is recoverable, retrievable, revocable,) and.is a research, development, or educational activity, then the field study q)ualifies for a categorical exclusion in accordance with 10 CFR 51.22(c (14)(v).
If the field study is not research, development er education, however the field study could qualify as a "similar" activity compared with other 10 CFR 51.22(c)(14)(xvi) activities, then the field study qualifies for a categorical' exclusion in accordance h1th 9306070052 920219 PDR ORG NRRB PDR
FEB 1s 19y Multiple Addressees 10CFR51.22(c)(14)(xvi).
In these cases a written explanatory memorandum must be prepared describing that the amount, type, and activity is similar to routine J
research, development, or education activities and criteria that qualify for a categorical exclusion listed in 10 CFR 51.22(c)(14)(xvi).
The information which should be contained in the memorandum includes:
a.
a description of the study which includes the radionuclide (chemical characteristics; solubility),
total activity, procedures to control and clean up radioactive material, location of study, size of study, and length of time study will be conducted (material must be controlled and cleaned up to qualify) b, the potential doses to individuals and estimated effluent releases (doses and releases must be less than 10 percent of the 10 CFR Part 20 limits to qualify) c.
a statement that there is no impact to endangered species 1
d.
a statement on the ability to restrict access to the study i
area.
This memorandum must be made part of the permanent docket file and be approved by the appropriate Division Director or his delegate.
The flow diagram in Figure 1 (Enclosure 2) assists in determining when field studies are eligible for categorical exclusion.
If you have any questions regarding this matter, please contact Michael Lamastra at FTS:
964-3416.
Richard E. Cunningham, Director Division of Industrial and Medical Nuclear Safety, NMSS
Enclosures:
nal Examples h Ng 7 gjn DISTRIBUTION R.Fc>nn er-NMSS r/f NRC File Center IMAB PG80 Book JEGlenn RECunningham JGreeves IMNS Central File PCVacca RRBellamy, RI
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RFonner, OGC EMcAlpine, RII L. J. Callan, RIV C
VLMiller, GPA/SP CEstep, (give original, WFisher, RIV
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LFranklin, RII Record Copy and the PRathbun JPiccone, IMAB 5520 call shee )
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EXAMPLES OF WHEN FIELD STUDIES REQUIRED ENVIRONMENTAL ASSESSMENTS OR EXPLANATORY MEMORANDA Environmental Assessments were required when:
1.
Endangered species would be affected in the proposed study.
2.
Radioactive material was released to the atmosphere to determine dispersion characteristics or test equipment-detection capability and could not be recovered.
?
Written Explanatory Memoranda.were required when:
l 1.
The research study involved crops on a small plot which were planted' in a lined area and totally removed at conclusion of the study.
The study design prevented release to the environment'and included confirmatory analysis of the soil beneath 'the liner.
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2.
The research study involved a small quantity of short-lived materials which decayed to natural background at the conclusion of the study.
The study design included confirmatory analysis of ' background levels.
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FLOW DIAGRAM TO ASSIST IN DETERMINING IF FIELD STUDIES QUALIFY FOR CATEGORICAL EXCLUSIONS
- Deliberate YES
> Submit TAR Release to to NMSS Environment v
NO v
Is The Activity YES*
- Categorical Exclusion cite Research, Development 10 CFR 51.22(c)(14)(v) or Education h
N0 h
Is the Activity YES*
> Categorical Exclusion cite similar to other 10 CFR 51.22(c)(14)(xvi) 10 CFR 51.22(c)(14)(xvi) and prepare explanatory activities memorandum statement that shows amounts and kinds of material are "similar" to research, development and 37 education activities NO V
- Note:
An Environmental Assessment can always be requested if the reviewer so determines based on a unique situation, significant hazard, or other technical opinion (10 CFR 51.22(b)).
FIGURE 1
.