ML20125B042

Requests Comments on Approved Proposed Rule 10CFR20 Re Delay of Implementation Date

ML20125B042
Person / Time
Issue date:	05/20/1992
From:	Beckjord E NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To:	Mckibben J MISSOURI, UNIV. OF, COLUMBIA, MO
Shared Package
ML19341F781	List: ML20125A897 ML20125A903 ML20125A905 ML20125A910 ML20125A915 ML20125B042 ML20125B048
References
FRN-57FR38588, RULE-PR-19, RULE-PR-20 AE21-2-007, AE21-2-7, NUDOCS 9212090184
Download: ML20125B042 (4)

Text

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) I MAY 2 01993 3 S$_

Mr. J. Charles McKibben, Chairman chT g (-/3 National Organization of Test, Research ~

and Training Reactors University of Missouri-Columbia Columbia, Missouri 65211

Dear Mr. McKibben:

The Commission has approved publication of a proposed rule to extend the implementation date for 10 CFR Part 20 in response to your request. The proposed rule will solicit public comments on delaying the implementation date from January 1,1993 to January 1,1994, and should appear in the Federal Reaister by the end of May 1992.

We would appreciate any comments you may have on this proposed.rulemaking.-

' Sincerely,

.ORIGUULL SIcxto gy Eric S. Beckjord, Director Office of Nuclear Regulatory Research DISTRIBUTION: .

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Vol. 57. No r Tuesday. htg 19. tm This secten of the FEDERAL REGISTER Copics of the regulatory analysis, the CFR part 20, as well as the new contains notices to the public of the environmental assessment and finding standards for protection against proposed issuance of rules and of no significant impact, the supporting radiation contained in i 201001-20.240t.

regulations The purpot,e of those notices statement submitted to OMD, and 13ecause of these problems and the need is to give interested persons an comments rec-ived may be examined at: to revise the numbering system and the NRC Pubhc Document Room at 2120 Implementation sections accordingly, mk or to t a opt on of t hnal the final rule was not published until L Street, NW,(Lower Level).

rures Wa r.hington. DC. May 21,1991 (50 FR 23300).

FOR FURTHER INFORM ATION CONT ACT: Consequently, there was a i

NUCLEAR REGULATORY Dr. Donald A. Cool, Chief, Radiation corresponding delay in the development COMMISSION Protection and llealth Effects Branch, and publication of the regulatory guides.

Division of Regulatory Applications. On October 16,1991, the Nuclear 10 CFR Parts 19 and 20 Office of Nuclear Regulatory Research, Management and Resources Council U.S. Nuclear Regulatory Commission, (NUMARC) requested that the RIN 3150-AE21 Washington. DC 20555: Telephone (301) Commission extend the date for 492-3785. implementation of the revised to CFR Standards for Protection Against SUPPLEMENTARY INFORM ATION: part 20 from january 1,1993, to January Radiation; Extension of 1,1994. NUMARC's basis for this implementation Date Background request was that the regulatory guides AGENCY: Nuclear Regulatory On December 13,1990, the associated with the rulemaking had not Commission. Commission approved the final revision been completed as indicated at the time of to CFR part 20," Standards for the final rule was published. On October ACTtON: Proposed rule. 24,1991, and November 22,1991, slmllar Protection Against Radiation," which

SUMMARY

The Nuclear Regulatory incorporated the recommendations of requests were filed by the Yankee the International Commission on Atomic Electric Company (YAEC) and Commission (NRC)is proposing to extend the implementation date for its Radiological Protection (ICRP) issued in the National Organization of Test.

revised standards for protection against 1977 and implemented the Research and Training Reactors (TRTR).

recommendations contained in the In a letter dated December 12,1991, radiation (10 CFR 20.1001-20.2401 and NUMARC provided additional the accompanying appendices) and Guidance to Federal Agencies for Occupational Exposure signed by the information regarding its position on the make a conforming change to part 19.

Tbr proposed rule would extend the President in 1987. With the approval of availability and importance of certain the f'mal rule, the Commission specified regulatory guidance documents to the dxe by wnich NRC licensees are its desire to have the rule become implementation process of the final rule.

required to implement the revised standards for protection against effective 30 days following publication The Commission's discussion of the in the Federal Register with a provision need for regulatory guidance, published l rudiation to January 1,1994. The that licensees would be permitted until as part of the Statement of proposed rule would provide licensees January 1,1993, to implement the ConsiderationsSection IV "Need for adetional time to examine and Additional Regulatory Guides" in the implement the regulatory guidance revision. The Commission also stated l final rule, recognized that the l

whinh is being developed to support the that Agreement States should require that all Agreement State licensees incorporation of many new concepts l rule.(i would also establish a into part 20 would require additional

cencunant Jmplementation date for NRC comply with compatible State licensees and Agreement State licensees regulations on or before January 1,1994, guidance and explanation of their with early implementation encouraged, application to practical problems in i by eliminating the 1. year period during When the Commission approved the radiation protection. The discussion also l which Agreement States could continue revision to to CFR part 20, the included a listing of some of the guides fo enforce the existing part 20 while the l

NRC would be enforcing the revised Commission and the NRC staff expected that were being developed or revised, l

that the revised standards for protection although no measure of importance or I standards.

against radiation would be published in priority was provided with the listing.

DATES: Comment period expires fune 18' the Federal Register in early January The December 12,1991, letter stated 1992. Comments received after this date 1991, giving licensees 2 full years to NUMARC s position on the availability will be considered if it is practical to do meet the required implementation date. and importance of certam regulatory so, but the Commir,cion is able to assure The Commission also expected that the guides to the implementation process for consideration only for comments related draft regulatory guides would be the revision of to CFR part 20.-

received on or before this date. published for public comment early in in response to the additional ADDRESSES: Mail written comments to: 1991 and published in final form by ~ information provided by NUMARC and Secretary, U.S. Nuclear Regulatory December 31,1991 Unfortunately, in consideration of the topics to be Commission. Washington,1)C 20555, difficulties arose with the publication of addressed, the NRC has evaluated and Attention: Docketing and Service the final rule because of the need to prioritized the regulatory guides which Branch. satisfy the legal and procedural ~ are currently under development and -

Deliver comments to: 11555 Rockville requirements necessary to accommodate determined which guides would be l pike. Rockville. Maryland, between 7:45 concurrent enforcement of both the especially useful for implementation of a.m. and 4:15 p.m. Federal workdays. existing requirements contained in 10 the revision. The NRC believes that a ,

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' Federal Register / Vol. 57. No. 97 / Tuesday, May 19. 1992 / Proposed Rules 21217 Regulatory Analysis Reporting and recordkeeping j i' pide would be especially useful if it provides practical applications for any requinquents, and Sex discrimination.

The proposed amendment is new concepts which were not prenously- administrative and will not have a m CFR Port m contamed in the regulations, or where " fant imp 4 thm fore, the .

Dyproduct snaterial. Cn.mmal  ;

significant change in approach is needed Commission has not prepared a by licensees in order to implement the penalties, t.icensed material Nuclear regulatory analysis on this proposed materials, Nuclear power plants and requirements of the new standards. regulation. The final regulatory analysis react rs. Occupational safety and a Regulatory guides, covering new for the final rule that was published on health, Packaging and containers, requirements or new concepts in the May 1,1991, examined the costs and Radiation protection, Reporting and revised standards for protection against benefits of the alternative considered by recordkeeping requirements. Special

, radiation, have been made available to the Commission and is available for nuclear material, Source material, I the public in draft form and after inspection in the NRC Public Document  % aste treatment and disposal.

consideration of public comments, will Room,2120 L Street, NW. (1,ower Level).

Washington, DC. For reasons set out in the preamble he issued in final form.

4 It is the Commission's goal to have a

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Regulatory Flexibility Analysis Energy Att of 1954, as amended,'the firm and consistent basis for Energy Reorganization Act of 19?4, as 1

in accordance with the Regulatory enforcement at the time the final rule is amended, and 5 U.S.C. 553, the NRC is fully implemented. In support of this Flexibility Act of 1980,5 U.S.C. 005(B),

the Commission certifies that this is an proposing to adopt the following Soal, the Commission has considered administrative action that will not have amendments to 10 CFR parts 19 and 20, and is proposing, granting a delay in the a significant impact upon a substantive blished j""""' PART 19-NOTICES, INSTRUCTIONS,

$i d number of small entitles.This action

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d 3)""Ur E "ro% eUr mat y

'"S NDiEES ONS delay in the implementation date would C'jse{sga 1. The authority citation for part 19 provide licensees with the opportunity conticues t read in part as follows:

entities under 10 CFR part 20.

to further study the rule and regulatory Authority: Sec.1et, on Stat. 94a. as guides and. therefore, could result in a Note: Agreement States, which implement amended (42 U.S C. 22011; sec. 201,88 Stat, comparable regulations under Section 274 of 1242, as amended (42 U.S.C. Sa411 * * '.

more orderly and efficient the At mic Energy Act of1954, as amended, implementation, A delay would also have about 16,000 licensees of which a 2. In 619.13, paragraph (b) is revised provide additional time to obtain comparable fraction are assumed to be small to read as follows:

adequate resources for implementation entities.

actions and contracted assistance. I 19.13 Notifications and reports to The types of small entities that would anotviduais, l Second, extending the implementation be affected by this proposed rule include . , , ,

i date for NRC licensees 1 year to January physicians, small hospitals, small .

uniform'for NRC laboratories, industrial applications (b) in Each licensee shall advise each 1,1994, concurrent would provide adate implementation small industries, radiograhers, and well worker annually of the worker's dose as licensees and Agreement States, thereby loggers shown in records maintained by the eliminating the period during which licensee pursuant to part 20 ($ 20.401

This proposed administrative action, and i 20.601 or, for licensees

, Agreement States could still be will result in no increase in the burden enforcing the existing part 20 while NRC on NRC licensees. Rather, it will provide i plementing the provisions of would be requiring adherence to the licensees an additional year to il 2aW1-2a2401, t 2a2N Prior to revised part 20. January 1,1994, licensees operating implement the revisions to 10 CFR part under il 20.1-20.001 are required to EnvironmentalImpact: Categorical 20. It will also reduce the Commission's pr vide this information only upon  ;

l' administrative burden by providing a Exclusion request of the worker.

concurrent implementation date for all * * * *

• l The NRC has determined that this licensees and by facilitating publication proposed rule is the type of action of regulatory guidance, described in categorical exclusion 10 PART 20-STANDARDS FOR Backfit Analys,s i PROTECTION AGAINST RADIATION i CFR 51.22(c)(2): An administrative j action that will not result in any The NRC has determined that the 3.The authority citation for Part 20 hardship. Therefore, neither an backfit rule,10 CFR 50.109, does not continues to read as follows:

environmentalimpact statement not an apply to the proposed rule and, therefore, that a backfit analysis is not Auth rity: Secs. 53,63.65,81,103.104,161, environmental assessment has been 182,186,sa Stat. 934 933. 935,936,937AB, prepared for this proposed rule. required for this proposed rule.This 95 ,955, as amended (42 U.S.C. 2073,2093, amendment is administrative in nature '"

Paperwork Reduction Act Statement and does not involve any provisions 20 an a n'c e'!, ao2 a Stat 124 as This proposed rule does not contain a which would impose backfits as defined amended.1244.1248 (42 U.S.C. sa41, sa42, in 10 CFR 50,109(a)(1). sa4el.

new or amended information collection Section 20 408 also issued under secs.135, i requirement subject to the paperwork List of Subjects 141 Pub. I.97-42s. 90 Stat. 2232,2241 (42

! Reduction Act of1980 (44 U.S.C. 3501 et to CFR /brt 19 tis C.10155.1mo11 seq.). Existing requirements, including requirementi, contained in i i 20.1001 - Criminal penalties, Environmental .anfnde 14 2 . 73$ 1 0101, o 02, 20.2401, published on May 21,1991, were protection, Nuclear materials, Nuclear 20.103(a), (b). and (f),20.104(a) and (bl.

approved by the Office of Manage uent power plants and reactors, Occupational 201ost b), 20.106(a). 20.201, 20.202(a). 20.205, 20207, 20.301,20.303, 20.3o1. 20 30s,20.1102, and Budget approval number 3150-0014. safety and health. Radiation protection, i

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21218 federal Register / Vol. 57, No. 97 / Tuesday, May 19, 1992 / Proposed Rules 20.1201-201204 201206, 201207. 20.1;'oa, independent power producers, and the for public comment is expected by 201301. ;'01302, 201501. 201so,'. 201sitta) petition on a 40 mile zone. Also to be December 1992.

j and (d). 201002. 20.ma 201701. 201704- Financial Assurance Requirements for discussed are:(1) The status of the

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radiopharmaceutical petition from the 1.ow-Level Radioactive Waste Sites (10 1 t a American College of Nuclear Physicians CFR part 01). This initiative is being 20.2005(b) and (c). 20.20m 20.2101-20.2110.

l 20 2201-20 2206, and 20.2301 are issued under (PRht-35-9): and the Society of Nuclear undertaken because part 01 presently sec.10lb,68 Stat. 948. as amended (42 U.S C. hiedicine;(2) the reporting of defects lacks financial assurance requirements 2201(bll, t 20 2106(dlis issued under the and non-compliance under 10 CFR part for post-closure maintenance and j Pnvecy Act of 1974. Pub. L 93-579. 5 U S C. 21;(3) a status report on the pregnancy monitoring of Low-Level Radioactive 552a; and il 20102. 20103(e). 20 401-20 407 and nursing patient issue. NRC is Waste Disposal Sites. The Nuclear

] Waste Policy Act of 1982 gives NRC 20 4o6(bL 20.409. 201100(a) [2) and (4). considering publishing proposed rules c vering these topics in the near future. authority to establish theso 5 nd d) s(cf. !0 2 }h). DATES:The meeting will be held on requirements. Amendments to part 01

'0,210Mo.210a. and 20.2201-20 2207 are issued under sec.1610, tia Stal 950 as Wednesday afternoon, hiay 20,1992. would ensure that Low. level

amended (42 U S C. 2201[o)). The meeting will begin at 3 p.m. and end Radioactive Waste Disposal Site at 5 p.rn.

licensees make adequate financial

4. In i 20.1008, paragraph (a) is arrangements for long. term maintenance revised to read as follows: ADDRESSES:The meeting will be held at and m nitoring. A proposed rule for

!' the Clarion Plaza flotel,9700 i 20.1006 Implementation

• Pubhc comment is expected by the International Drive, Orlando Florida beginning of m3.

l (a) Licensees shall implement the 32819-8114 (phone: 407-352-9700). The The NRC was etitioned by Pubh,c provisions of (( 20.1001-20.2401 on or meeting room location will be posted in CH2en t Pr mu gate a rule concerning

.' before January 1.1994. If a licensee the hotellobby' the licensing of Independent Power chooses to implement the provisions of R IN Producers and to include specific

! il 20.1001-20.2401 prior to January 1 Vandy L. Miller, Office of State criteria for their financial qualifications 1994, the licensee shall implement all' Pr grams, U.S. Nuclear Regulatory (PRht-50-54). NRC published the

, provisions of these sections not mmas n, as ngton, E 20555 peudon on March 12,1990; we received 1

otherwise exempted by paragraph (d) of this section, and shall provide written e ne ob5M-265% or Mn 17 comments-13 against and 4 in favor, r, ce escard, RS. Nuclear Among those favoring this rulemaking 4

notification to either the Director of the Regulatory Commission, Washington, were 2 States and 2 public citizen Office of Nuclear Materials Safety and ephone 3H2-3mh groups. Neither the petitioner nor the l Safeguards or the Director of the Office SUPPLEMENTARY INFORMATION:The NRC public supporting the petition could of Nuclear Reactor Regulation, as i appropriate, that the licensee is adopting is considering a revision of its guidelines identify areas where the regulations A for preparing regulatory analy sis. The were deficient.The staff believes that early implementation of 1120.1001- the existing regulations are sufficient to 20.2401 and associated appendices Until need for this revision became apparent through lessons learned from accommodate an Independent Power

, January 1,1994, or until the licensee notifies the Commission of early experience, the implementation of safety Producer should such an application be goals, and industry and government received. The staff will recommend

]

implementation, compliance will be denial of the petition. The schedule for j required with il 20.1-20.601 of this part. reports on regulatory impact.

• '

• c mpleting this action is June 15,1992.

The Principle Revisions Include NRC pe n n a smue tone from Dated at Rockville, Maryland. this 13th day Policy On: major population centers for reactor of May 1992.

(1) The definition of regulatory actions siting criteria was submitted by Free j For the Nuclear Regulatory Commission. Environment. Inc, (PRM-50-20). The requiring regulatory analyses:

4 S* "**I (2)The treatment of uncertainties and NRC published the petition on May 19, Secretary of the Commission, use of sensitive analysis; and (3) the 1977, and received three comments-all lFR Doc. 92-11712 Filed 5-18-92; BA5 aml monetary value of a Person. Rem opposed to the petition. The staff 3

ewwo coos neo-o'-" averted. Revision of the guidelines is believes that this would unnecessarily 4

underway, Proposed guidelines will be restrict NRC siting policies with no published for public comments by Mid- substantial increase in protecting the 10 CFR Parts 30,35,40,50,51,70, and F scal Year 1992, public health and safety,in a parallel

. The notification of incidents / effort, the NRC is revising siting criteria j accidents is a proposed revision to 10 to reflect advancements in Earth Rutemaking Meeting CFR part 72. This revision was proposed Sciences and Earthquake Emergency.

j AGENCY: Nuclear Regulatory when it became evident that there are The staffis planning to either deny the no clear requirements for reporting petition or subsume it in the ongoing i Commission.

certain significant events (except for effort.

ACTION: Notice of meeting. Enhanced Participatory Rulemaking criticality).10 CFR part 72 is

SUMMARY

The Nuclear Regulatory inconsistent with parts 30,40, and 70, for Residual Radioactivity Criteria will Commission (NRC) has planned a public which were recently amended to better be discussed (to CFR parts 30,40, and )

meeting with representatives of the describe the reportable events having 70).

Agreement States, the Non-Agreement significant implications for public health This meeting will also cover the status i States, and the licensed community to and safety. Public comments also of the following ongoing items: j i discuss the development of guidehnes suggested the need for a revision of 10 (1) Radiation exposure to pregnant i i for preparing regulatory analyses, CFR part 72. The staff is planning to and nursing patients.

notification of incidents / accidents, amend 10 CFR part 72 with language (2) The radiopharmaceutical petition.

financial assurance requirements for that is similar to that used in amending (3) Reporting defects and low level radioactive waste sites, parts 30,40, and 70. The proposed rule noncompliance under 10 CFR Part

,