ML20126A338

Revised Stds for Protection Against Radiation,10CFR19 & 20, Making Minor Corrective & Conforming Amends of NRC Revised Stds for Protection Against Radiation

ML20126A338
Person / Time
Issue date:	11/18/1992
From:	Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
References
FRN-50FR51992, FRN-57FR57877, RULE-PR-19, RULE-PR-20 AA38-2-1155, AA38-2-4, NUDOCS 9212210010
Download: ML20126A338 (12)

Text

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- A v/M3ud'@ 10 CFR Part 20

'92 EC -3 P ' S RIN 3150 - AA38 Revised Standards for Protection Against Radiation; Minor Amendments AGEt1CY: fluclear Regt.latory Commission.

ACT10!1: Final rele: Minor corrective and conforming amendments.

SUMMARY

This final rule makes a number of minor corrective and conforming amendments to the f1RC's revised standards for protection against radiation.

The final rule is necessary to correct recently discovered errors in the text of the revised standards, to conform portions of regulatory text to the Commission's decision to defer mandatory implementation of the revised standards until 1994, and to reflect the recent OMB approval of the use of f1RC forms 4 and 5.

EFFECTIVE DATE: (Upon publication),

FOR FURTilEFi lilFORMATION C0f4 TACT: llan Roccklein, Office of fluclear Regulatory Research, U.S. Ilucleer Regulatory Cammission, Washington, DC 20555, telephone (301) 492-3740, by 1*W g11

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Suppl.[MENTAR) 'NFORMATION:

On May 21, 1991 (56 FR 23360), the Nuclear Regulatory Consission (NRC) ,

f published its revised standards for protection against radiation (10 CfR 20.1001 - 20.2401) and the associated appendices. The revised star.dards for t'

protection against radiation incorporated scientific information and reflected char.ges in the basic philosophy of radiation protection that had occurred since the promulgation of the original regulations. The revised standards for protection against radiation became effective on June 21, 1991. However, NRC licensees were permitted to defer the mandatory implementation of these regulations until January 1, 1993.

On December 3,1991 (56 FR 61352), the NRC published a final rule in the Federal Register that corrected a number of minor printing errors and omissions in the May. 21, 1991, final rule. Since the publication of the December 3,1991, correction and the codification of the revised standards for protection against radiation in the 1992 revision of 10 CFR Chipter I, additional typographical errors and inadvertent omissions have been discovered in the revised standards for protection against radiation. This amendment is necessary to correct these errors in the text of the revised standards for-protection against radiation, On August 26,1992 (57 FR 38588), the NRC published a final rule that-extended the date by which NRC licensees-are required to implement the. revised standards for protection against radiation from January 1,1993, until-January 1, 1994. This amendment also makes several conforming amendments to the-text of the-revised standards for protection against radiation that are i

necessary to reflect the new mandatory implementation date.

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The Nuclear Regulatory Commission submitted the information collection l requirements contained in this part and in_NRC forms 4 and 5 to the Office of Management and Budget (OMB) for approval as required by the Paperwork Reduction Act of 1980. OMB has approved the information collection  !

requirements contained in part 20 under control number 3150-0014 and has approved the use of NRC Forms 4 and 5 under control numbers 3150-0005 and 3150-0006. This final rule amends 9 20.1009 to reflect these approvals. l Explanation of Changes ,

This final rule makes minor corrections and conforming changes for the .,

following reasons:

In the 6 20.1003 definition of dosimetry processor, the inadvertently .

repeated -parenthetical - phrase "(H,,,, - I ,aH,,,,)" is removed.

The text of 6 20.1009, Reporting, recording, and application requirements: OMB approval, is revised to reflect recent OMB aphrovals.

In 6 20.1202, several misprints in the subscripts are corrected.

In 6 20.1302, the word " continually" is changed to " continuously" to better reflect the intent of the provision that an individual would have to be present without interruption in an unrestricted area.

In s 20.1703, the word "are" is corrected.

In i 20.1703, the acronym-NIOSH is corrected.

In 5 20.1703(d), the-title of Regional Administrator is corrected.

In 6 20.2104, the word " lifetime" is deleted from the phrase

". . .-lifetime cumulative 1 radiation dose. . ." because -it is redundant with -

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cumulative and may be misleading because the new rules do not include a l

lifetime dose limit. I In 1 20.2104, paragraph (d) is revised to better explain the option of using a record of exposure history other than Form 4. The amendment makes it  :

clear that all of the information required on Form 4 would need to be in the optional record.  ;

In 6 20.2104 (d), footnote 4, the first sentence is amended to make it clearer that licensees do not have to partition doses received prior to impicmenting the new Part 20 into external dose equivalents and internal ,

committeo dose equivalents. Also, the phrase ". ..occupaticrial exposure ,

histories obtained and recorded on NRC form 4 before January 1,1991, would 4

not have included effective dose equiv.ient..." is changed to "...before--

January 1, 1994, might not...." This :s more accurate since if licensees do not implement the new regulation until the mandato,'y compliance date of-January 1,1994, they are not rgquired to measure and record effective dose equivalent. L in 5 20.2202, the phrase "...five times the occupational annual limit-on intake..." is amended by deleting the word " occupational" in order to avoid ,

the implication that there is a "nonoccupational" or "public" Annual Limit on Intake (All).

In Appendix B to th 20.1001 - 20.2401,. in the' paragraph under the

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heading " Introduction," language is added to' make it clear that. inhalation retention classes (D,W,Y) apply only to the inhalation ALIs and'0ACs given in Table 1, columns 2 and 3.  :

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In Appendix B, the seventh paragraph under the heading lable 1 "Occupatic ul" which begins "flote that the dose equivalents..." is deleted because it was err 'eously repeated. The same paragraph occurs as the fourth paragraph under the heading Table 1, " Occupational," where it is correct, in Appendix B, in the third paragraph under the heading Table 2, the The unit is added, unit "ml" was omitted from the number 2.4 x 10'.

in Appendix B, in the last paragraph under the heading lable 2, in the third sentence, the word "the" in the phrase ". . . presence of the one of the. .. _.

is deleted, and the words "...as being present..." are deleted from the phrase

... excluded as being present either from...."

In Appendix f, Ill.B.5 and Ill.D.2., recordkeeping requirements are changed to "...until the license is terminated." This change was made to all recordkeeping requirements, and these two were inadvertently omitted, lhis change is consistent with the 011B approval.

Administrative procedures Act: Waiver Because these amendments make minor corrective and conforming changes to an existing regulation, the llRC has determined that good cause exists to dispense with the notice and comment provisions of the Adniinistrative procedure Act pursuant to 5 U.S.C. 553 (b)(B). For the same reason, the IIRC has determined that good cause exists to waive the 30-day deferred effective date provisions of the Administrative Procedures Act (5 U.S.C.553 (d)(3)).

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t Environmental impact: Categorical Exclusion I

The f4RC has determined that this rule is the type of action described in-  :

categorical i1 lusion 10 CfR 51.22(c)(2). Therefore, neither an environmental- >

impact statement nor an environmental assessment has been prepared for this r

final rule. s e

Paperw rk Reduction Act Statement +

k This final rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et  :

seq.). Existing requirements were approved by the Office of Management and Budget, approval number 3150-0014.  ;

Regulatory Analysis ,

t This final rule is administrative in that it corrects and conforms the '

text of an existing regulation. These amendments will not have a significant impact. 1herefore, the NRC has not prepared a. regulatory analysis for this final rule. The final regulatory analysis for the May 21, 1991, final rule examined the costs and benefits of the alternative's considered by the.

Commission in developing the revised standards for protection against radiation and is available for inspection in the flRC Public Document Room,

( 2120 L Street, flW. (Lower Level), Washington DC.

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l Backfit /.nalysis f i

i The llRC has determined that the backfit rule,10 CfR 50.109, does not  !

b apply to this final rule, and theref ore, that a backfit analysis is not required for this final rule because thesa amendments are administrative in- i nature and do not involve any provision which would impose backfits as defined in 10 CFR 50.109(a)(1).  !

List of Subjects 10 CFR Part 20 I Byproduct material, Criminal penalties, Licensed material, huclear t

Materials, fluclear oower plants and reactors, Occupational safety and health, Packaging and containers, Radiation protection, Reporting and recordkeeping requirements, Special nuclet.r material, Source material, Waste treatment and disposal.

For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amendcJ, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 552 and 553 the flRC is adopting the following corrective and conforming amendments to 10 CFR Part 20.

c PART 20 - STAT 1DARDS FOR. PROTECT 10f1 AGAlftST RADIATION-  :

1. The authority citation for Part 20 continues in read in part as follows:

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AUTHOR 11Y: Sec. 161, 68 Stat. 940, as amended (42 U.S.C.2201); Sec.  !

201, 88 5 tat. 1242, as amended, (42 U.S.C. 5841) ***.

2. The undesignated center heading directly preceding Subpart A (bb l 20.1001 - 20.1009) is revised to read as follows:  ;

Regulations fiandatory as of January 1,1994, With Earlier Compliance Encouraged. .

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3. In 6 20.1003, the term " Dosimetry processor' is revised to read as  ;

follows:

6 20.1003 utf.inilla m "00simetry processor" means an individual or organization that processes l and evaluates individual monitoring equipment in order to determine the  !

l' radiation dose deltvered to the equipment. i e * * * *

4. Section 20.1009, is revised to read as follows:

r s e & A 6 A 6 20.1009 Ecppnuligi_rrcpn11E and Apnllr311pji_ rN1gine!Enly

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_(a) 1he 11uclear Regulatory Commission has submitted the information.

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collection reqLirements contained in this part to the.0ffice of Management and Budget (OMD) for approval as required by the paperwork Reduction Act of-1980 (44 U.S.C.-3501-et seq.). OMB has approved the information collection requirements contained in this part under control number 3150-0014. ,

(b) The approved information collection requirements contained in' this part _ appear in .5 5 20.1101, 20.1202, 20.1204, 20.1206, 20.1301, 20.1501, 20.1601, 20.1703, 20.1901, 20.1902,-20.1904, 20.1906, 20.2002, t

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t 20.?004, 20.2006, 20.2102. 20,2103, 20.2104, 20.2105, 20.2106, 20.2107, 20 2108, 20.2110, 20,2201, 20.2202, 20.2203, 20.2204, 20.2206, and i

Appendix f to 20,1001-20.2401.

(c) This pari contains information collection requirements in addition E- to thote approved under the contr91 number specified in paragraph (a) of this Thtse information ellection requirements and the centrol numbers section.

under which they are aoproved a.*e as foll ys:

(1) in i 20.2104, (*C form 4 is approved un6.r control number 3150-0005.

(?) in $ $ 20.2106 and 20.2206, ilRC Form 5 is approved under control number 3150-0006. <

6 20.i202 (Amended) -

5. In 6 20.1202(b)(3), footnote 1, the word " factors" is revised to read "f actor,"; the phrase " committed dose equivalent, it . " is revised to read _" committed dose equivalent,11,,,,,"; the phrase " maximum weighted value of .

liso" is revised to read " maximum weighted value of II,,,,"; and the parenthetical

"(i .e. , w, li so ,,)" i s revised to read "(i .e. , w,il,,,,) . "

9 20.1302 [ Amended)_ . _ _ _ _

6. In 6 20.1302(b)(2)(ii), the word " continually" is revised to read

" continuously."

9 20.1703 [ Amended]

7. In the first sentence of 6 20.1703(b)(1), "ae" is revised to read "are."

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8. In b 20.1703(c), "f;0lSil" is revised to read "lil0Sil."

9. In b 20.1703(d), the title of the addressee is changed from

" Director" to " Regional Administrator."

h 20.2104 [ Amended)

10. In 6 20.2104, paragraphs (a)(2) and (c)(2) are amended by removing the word " lifetime," and paragraph (d) is revised to read as follows:

h 70.2104 Determination _.of prior occup_ational dose. _

(d) The licensee shall record the exposure history of each individual, - w as required by paragraph (a) of this section, on 14RC Form 4, or other clear p,j7 /d" 4'AC #/'I#j. p n and legible record, including all of the information required byfform 4*.jp.>-9L lhe form or record must show each period in which the individual received occupational exposure to radiation or radioactive material and must be signed by the individual who received the exposure. For each period for which the licensee obtains reports, the licensee shall use the dose shown in the report in preparing the liRC form 4. For any period in which the licensee does not obtain a report, the licensee shall place a notation on the fiRC form 4 _

indicating the periods of time for which data are not available.

' Licensees are not required to partition historical dose between external dose equivalent (s) and internal committed dose equivalent (s).

Further, occupational exposure histories obtained and recorded on ffRC form 4 before January 1,1994, might not have included effective dose equivalent, but may be used in the absence of specific information on the intake of radionuclides by the individual.

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. i A 20.2202 (Amended]

11. . In 6 20.2202(a)(2), the word " occupational" is removed.

Appendix B to il 20.1001 - 20.2401 (Amended)

12. In Appendix B to % 6 20.1001 - 20.2401,-the paragraph under the heading " Introduction" is amended by adding the following sentence after the third sentence: 1 i

"The class (D, W, or Y) given in the column headed " Class" applies ILnly )

-1 to the inhalation Alls and DACs given in Table 1, columns 2 and 3." l

13. In Appendix B to 66 20.1001 - 20.2401, the seventh paragraph under the heading Table 1 "0ccupational" which begins " Note that the dose f equivalents..." is removed.

14. In Appendix B to il 20.1001 - 20.2401,. in the second sentence of the third paragraph under the heading Table 2 which begins "The air concentration values.. .," the unit "mi is added af ter the number 2.4 x 10'."

15. In Appendix B to 65 20.1001 - 20.2401, the last sentence of the last paragraph under the heading Table 2 is revised to read as follows: ,

t "The limit for the unknown mixture is defined when the presence of one of the listed radionuclides cannot be definitely excluded either from

• knowledge of the radionuclide composition of the source or from actual measurements."

16. In Appendix F to SS 20.1001-20.2401, Section.III.B.5.

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the phrase ", and retain information from generator manifest until dicposition is authorized by the Commission; and" is revised to read ". and retain'information from generator-manifest-until the license is terminated; and." '

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jIk. ' 13 St4 p.'y yy 17., Appendix F, Section Ill.D.2., is revised to read, " Maintain copies

( ,)I' of all completed manifests or equivalent documentation until the license is terminated; of,./

Dated at Rockville, Maryland, this /f' day of 2/ cmdg , 1992.

For the fluclear Regulatory Commission.

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Jrifnes M. Iay1or//

xe tive Director for Operations.

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