ML20236C753
| ML20236C753 | |
| Person / Time | |
|---|---|
| Issue date: | 05/21/1987 |
| From: | Nussbaumer D NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA) |
| To: | AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20236C697 | List: |
| References | |
| FOIA-87-415 NUDOCS 8707300178 | |
| Download: ML20236C753 (16) | |
Text
,,,,_
e-i m.
,v
- '"%[t[
. uNiTeo stares i d
NUCLEAR'dEGULATORY COMMisslON '
f a
WASHINGTON; D. C.' 20555 I%.....
Ref: SA/ CHM; gg lALL' AGREEMENT AND NON-AGREEMENT STATES PROPOSED RULE:
EMERGENCY PREPAREDNESS FOR FUEL CYCLE AND OTHER RADI0 ACTIVE MATERIAL LICENSEES The above subject proposed rule was-published in the Federal: Register, Vo1~.>52, No. 75;on April 20,-1987'(copy enclosed).. This rule requires '
fuel _ cycle and:other radioactive material licensees who possess radioactive' material in unsealed fonn, en foils or plated sources or.
~
sealed in glass in excess of the quantities.in 10 CFR 30.72 to revise their existing emergency: plans. These. revisions should include, among
-other' things, descriptions of the means and equipment to mitigate the.
consequences of an accident and to promptly notify offsite' response organizations'if an accident occurs that might result'in a significar4t release of. licensed radioactive material.
In. light of the' potential impact on' State 'and local" emergency response-organizations,1we encourage your review and comment on.this proposed rule.. The comment period for this proposed rule ends on July 20, 1987.
gceM.ssi Donald A. Nussbaumer N
. Assistant Director for State Agreements Program State, Local and' Indian Tribe Programs
Enclosure:
As stated-1 l
?D.-l.-
8707300170 870727 PDR FDIA POTTER 87-415 PDR n
N
- - - ~. _ _ _ - _ _ _ _ _. _ _. _ -. -. - -. - - - - _ _ - _ - -. - - - - - - _ -
n
.[1 f
i
' Fed:ral R:s r / Vcl. 52. Ns. 75' / Monday.' April 20 87'/ Proposed Runs 129M l
t Services. U.S. Nucleer Regula tory '
Commission. Washington. DC 20555 Copies of NUREC-0762. 4767.-oe10.
-1179. -1189. and -1196. the technical reports referenced in this notice, may be purchased through the U.S. Government Printing Office by calling (202) 275-2060 or by writing to the U.S. Government -
i Printing Office. P.O. Box 37062.
Washington. DC 20013-70e2. Copies may also be purchased from the National Technical Information Service.
U.S. Department of Commerce.5265 port
.}
Royal Road. Springfield. VA 22161..
-]
Copies of the above NUREG reports 1
and also comments received by the j
Commission on the proposed rule are
. available for inspection or copying for a.
fee in the NRC Public Document Room.:
1717 H Street NW., Washington. DC 1
NUCLEAR REGULATORY COMMISSION 20555.
10 CFR Porta 30,40, and 70 POR PuRTM8R INFORMAtl0N COeffAct; Dr. Stephen A. McGuire. Regulation q
Emergency Preparedness for Fuel Development Branch. Office of Nuclear -
Cycle and Other Radioactive Material Regulatory Research. U.S. Nuclear l
Ucensees Regulatory Commission. Washington.
. Aoteeev: Nuclear Regulatory DC 20555 (telephone: (301) 443-7900).
Commission.
suppt.auserTARY swronuAfeOsc ACTE 0N: Proposed rule.
- Background
. suuMARY: In 1961. the Nuclear During the Commission's Regulatory Commission (NRC) issued deliberations concerning nuclear power orders to require certain NRC fuel cycle plant emergency preparedness af.ter the and other radioactive materiallicensees Three Mile Island accident, the to submit emergency plans to the NRC.
Commission directed the staff to The NRC is now uroposing to amend its - evaluate the need te change the regulations to place a requirement for emergency preparedness regulations for such emergency plans in its regulations.
fuel cycle and other radioactive material The proposed rule would require the licensees.
approximately 30 licensees subject to in late 1960. the' staff reevaluated the orders to revise their existing previously submitted emergency plans t
emergency plans which include, among for radioactive releases for fuel other things, descriptions of the means fabrication plants and found some and equipment to mitigate the apparent weaknesses. For example, consequences of an accident and to some plans did not have arrangements I
promptlyfotify offsite response for the prompt notification of offsite l
orgiffi'zations if an accident occurs that response organizations.
might result in a significant release of Upon noting these weaknesses. the licensed radioactive meterial.
NRC staff prepared orders requinns 62 DAfts: Comment period expires July 20.
licensees to submit comprehensive 1967. Comments received after this date onsite radiological contingency plans (46 will be considered if it is practical to do R 12566). These orders, which were
.j so, but assurance of consideration issued in February 1981. required some l
cannot be given except as to comments licensees. based on their licensed received on or before this date.
possession limits, to plan for actions ApoResses: Submit written comments that would be needed in the event of an to the Secretary of the Commission.U.S. accident.The actions would be those Nuclear Regulatory Commission, necessary to: protect workers, limit the i
Washington, DC 20555. Attentioru release of radioactive materials, and l
Docketing and Service Branch, mitigate adverse consequences of the A free single copy of the draft accident.The orders were issued to Regulatory Analysis, including the operators of fuel processing and environmental assessment and finding fabrication plants. UF. production of no significant impact (NUREG-1140),
plants, and radioactive materiel users may be obtained by writing to the authorized to possess large quantities of Distribution Section. Document Control radioactive materials in unsealed form.
Branch. Division of Information Support The licensees selected were those ii
,-----.-.-------.-,---.-a~
_ - - - - - - - -- - - - - - - -, - - - - _=_
12922 Federal Registir / Vol. 52. No. 75 / Monday. April 20. 1967 / Pro;osed Rules authorized to possess quantities of
' differerit buildings so that release of a Comment: A second myor comment
,radioacthe materials that could as a large proportion due to a single event is was that the need for emergency plans result of a severe accident potentially not credible. Several commentern said should be evaluated on a case.by. case resuft in a radiation exposure in excess NRC already requires them to be basis. Several examples were given of 1 rem effective dose equivalent to adequately prepared to respond to an where the licensed possession limits someone offsite As a result of these emergency, and that there is no need for might iridicatt the need for a plan. but orders. about half of the affected additional regulations.The Agreement the actual circumstances would tr:ake a licensees reduced their authorized States of New Mexico and Washington large release impossible. For example, a possession limits for radioactive said they were already adequately radiopharmaceutical manufacturer said material. thus no longer requiring them prepared for any credible accident and that it uses only a small quantity of its to submit contingency plans to NRC.
saw no need for a regulation. On the iodine 125 at one time. The rest is stored On lune 3.1981, the Commission other hand, the State of New York saw a in lead containers in a fume hood, the published in the Federal Register (46 FR need to reevaluate the adequacy of its air from which is filtered three times 29712) an advance notice of proposed existing emergency planning.
before release. Commenters said the rulemaking on emergency preparedness One commenter said the need for the remoteness of the site should be a fetor for certain fuel cycle and other regulation should be tested against past taken into consideration. in the cas of radioactive materiallicensees. in this accident experience to determine the one uranium mili. the nearest residence adsance notice. the Commission urgency and realism of the proposal.
is 22 miles away. The comment was proposed to codify the radiological Another commenter said that, compared made that case.by case review of the contingency planmng requirements set to nuclear power plants. fuel cycle and rieed for plans is feasible becaue so 1
forth in the Commission's orders, as well byproduct materiallicensees have much few licensees would be affected.
as consider requinns offsite emergency less radioactive material. do not have a Response: The proposed rule would plans. The Commission noted in the large energy source to act as a driving allow licensees the opportunity to advance notice that it would use factors force and do not concentrate their demonstrate that an emergency plan for such as possession limits. potential for radioactive materials in o single responding to a release would not be accidentalcriticahty chemicaltoxicity location.Thus the consequence of an needed because no reasonably of radioactive materials, and potential accident would be much smaller, and forseeable accident could result in doses radiation hazards for all of the NRC there would never be a need to evacuate to the public approaching the protective licensees w hose radioactive material or shelter people.
action guides.
possession hmits were such that severe Response:The NRC has carefully Comment: Several commenters analyzed accident source terms.
thought FEMA review of State and local ra tion os xceed n th ower end Potential release fractions. and radiation emergency response capabilities was of the protective action 8uides e stablished by the epa.
doses attributable to a range of unnecessary because possible accidents ace dents at fuel cycle and other would be ao much smaller than at Public Comments on the Advance radioactive material licensees. The nuclear power plants. It was said that Notice of Proposed Rulemaking details are given in "A Regulatory simpler. less complex review and The Commission received 18 Analysis on Emergency Preparedness evaluation processes were better.
responses to its advance notice of for Fuel Cycle and Other Radioactive Several Agreement States objected to a proposed rulemaking Comments were Ma terial Licensees." NUREG-1140.
FEMA review of their programs. Other receis ed from fis e Federal agencies. four Specific conservative accident scenarios commenters thought FEMA could make State agencies. fise corporations. one have been considered for specific types valuable contributions.
university. one laboratory. one nonprofit of heensees, and release fractions and Response:The NRC has considered Federal corporation. and the Conference doses have been calculated based on the nature and depth of the needed of Radiation Control program Directors.
these scenarios. The accident history of offsite coordination in the previously The following discussion summarires different types of facilities har been mentioned Regulatory Analysis and the major comments and gises the considered. As a result of the analysis, concluded that written site specific Commission's response to each some facihties. such as uranium milla State and local plans reviewed by j
comment.
and depleted uranium metal processors.
FEMA are not needed because the l
Comment: Many commenters are excluded from needing an accidents can be responded to as part of 1
questioned the need for the suggested emergency plan for responding to a the community's general emergency regulations. One Agreement State said release.
response capabilities.These necessary there is "... httle likelihood of a On the other hand, the analysis does capabilities (e.g. fire, ambulance, pohce serious accident; those incidents which indicate that, at a few licensed facilities, support) are routinely used for i
have occurred have been handled offsite doses due to an accident might emergencies of all sorts.The small
)
l adequately without pre. existing plans.
theoretically exceed the lower end of potential doses, small areas affected.
I using existing resources and guidelinesy the range of doses for which the EPA and small numbers of people involved Commenters said that many of the Gecommends that protective actions to are factors indicating that the facihties that would be covered do not protect the public be considered. In community's normally existing have the potentialto exceed the epa s addition. in a few cases an accident emergency response capabilities are protective action guide dose of t tem could cause significant exposure to adequate and that additional tesponse under 'any credible accident conditions.
chemically toxic soluble uranium. The capabilities are not necessary.
Uranium mills. UF. conversion plants.
NRC would especially like to receive Comment: Some commenters thought and low level waste burial grounds comments on the accident scenarios failure of uranium mill talhng dams were cited by cometenters as examples.
presented in the analysis.The NRC is should be included.
Another example where emergency particularly interested in comments Response:The NRC has conaldered plans were not considered necessary concerning the conservatism in the these events and concluded that they was the case in which the radioactive analysis as it pertains to specific classes should not be included because meterials are spread among many of facihties.
radiation doses associated with such
$ 094999 00%00t t7-APR-8ble 13 Ot4
I i
Federal Register / Vol. 52. No. 75 / Monday. April 20. 1987 / Proposed Rules 12923 anecidents are so low that EPA protective action guide doses and the low However, the NRC has included in its action guides would not be exceeded probability that a dose of a few rems rulemaking foils. plated sources, thin.
even over a very long time (months or would have harmful consequences.
window sealed sources (such as those years). nor would the licensed rnaterials Although costs to licensees were found sometimes used for americium.241) and present a chemicaltoxicity hazard A to exceed potential benefits (see sealed sources using loweelting i
complete explanation is presented in "A Regulatory Analysis. Section 3), the temperature metal such as aluminum j
Regulatory Analysis on Emergency Commission concludes that the The NRC is continuing to study this Preparedness for Fuel Cycle and Other protection provided by engineered rnatter and specifically requests Radioactive Material Licensees."
safety features should be bolstered by experimentalinformation or other NUREG-1140.
the ability to mitigate the consequences analyses on whether these types of Comment: Many commenters thought of an eccident and reduce potential sealed sources should be included in the the NRC should provide a document releases of radioactive rnaterials.
rule.
ciescribing the contents of the licensee's Comment: Several commenters Comment:The comment was made emergency plans and the nature of the thought NRC should provide fundmg to that a large number of byproduct preparedness f.eeded.
States for State planning.
materiallicensees do r.ot list the specific Response: The NRC agrees and plans Response The NRC sees no need for radionuclides they will possess. but only to revise its reports. NUREG-0762, funding for State planning because a a total curie limit for classes of nuclides.
' Standard Format and Content for need for alte. specific State planning for example those with atomic numbers Radiological Cont ngency Plans for Fuel beyond the emergency preparedness 3 through 83. (This approach is Cycle and Materials Licensees. and capabilities normally present has not recommended in Regulatory Guide 10.5.
NUREG 0810. "S'andard Review Plan been identified.
.. Applications for Type A License of for the Review of Radiological Comment: Several commenters Br d Contingency Plans for Fuel Cycle and objected to the way in which E,PA's Th a m e lt i p a ble to e erm e.
Materials F cihties. The revised protective action guides were applied.
evports will be published, possibly as They said the whole body guide was b 8 ',' " posus on limits he r
, n ve y Y P 'E Eegulatory Guides, concurrently with actually a 1 rem to 5 rem range, whereas May7 appropriate the final ruk.
the NRC arbitrarily selected 1 rem.
Comment: Several commenters Response:The NRC considers 1 rem Aesponse The NRC will not require thought the suggested regulations would as the point at which planning should emergency plans for a facility unless a be ' urdensome and expensive to both begin. The potential releases are significant accidental release of radioactive materials is credible. If a heensees and to States and that the cost relatively small. and the areas and would greatly exceed the benefits.
numbers of people involved are small.
licensee would be covered by the rule because the beensee is authorized to Response:The NRC believes that the Thus,it is practical to consider actions rule will not be excessively expensive or at the lower end of the protective action possess materialit does not possess and burdensoma to States of local guide range.
has no intention e. possessing in the governments. States and local Comment: Other commenters said that future, the solution is for the beensee to governments will not be expected to the ICRP Publication 26 methodology request a license amendment to reduce write specific plans for specific facilities should be used to dete mine the the licensed possession limit. lf the or have other rpecial emergency protective action guides for radioactive licensee actually possesses or may preparedness. The NRC believes that materials that are inhaled and deposited possess in the future enough material to the normally available capabilities of in the body.
be covered by the regulation, but there States and localgovernments for Response: The ICRP Publication 26 are site. specific reasons why a responding to indastrial emergencies methodology was used.
significant release is not credible, the and the normally available radiological Comment: One commenter said Part proposed rule would allow the licensee i
health capabilities of States will be 72 spent fuel storage licensees should be to demonstrate this.
adequate to deal with accidents at fuel covered under the regulation.
Tbe Proposed Rule cycle and other radioactive material Response:The need for licensee bcensees. These radiological emergency procedures for accidental The Commission is preposing emergencies would involve small(not releises by Part 72 licensees la being amendments to lo CFR parts 30. 40. and hfe threatening) doses, small areas, and considered in a separate rulemaking 70 on emergency preparedness. The amell numbers of people. The potential published for public comment on May proposed rule would cover fuel cycle risks are much lower than the risks from 27.1986 (51 FR 19106).
and other radioactive material licensees l
accidents involving chemical plants or Conment: One commenter said sealed that may have the potential for a the shipping of hazardous chemicals, to sources should be covered under this significant accidental release of NRC-which States and local govemments regulation.
licensed materials. These proposed j
routinely respond. In other words, the Response:The NRC considers that regulations would require certain response to radiological accidents at there is no need to include most sealed licensees to maintain emergency plans fuel cycle and other radioactive sources in this rulemaking because for responding to such accidents.
materials licensees can and should be sealed source accidents are elready mensees Needing Plans handled by State and local governments adequately dealt with in other parts of as part of theirnormalemergency the regulations. (See, for example.
The criteria selected for establishing response capabihty without additional il 20.402(a). 20.403,30.33(a)(2),34.25, whether a licensed facility would be resources. Thus, an adequate level of 34.32(g) and (h). and 70.60) In addition, required to establish and maintain emergency preparedness should not be a based on the history of accidents speciel emergency plans for significant financial burden to State and local involving sealed sources at licensed accidental releases are whether a governments, facilities, the NRC finds that additional credible severe accident could With regard to benefits, the benefits emergency preparednces beyond that theoretically deliver a radiation dose of are admittedly small because of the low now existing at these facilities is not t rem effective dose equivalent. 5 rems probability of exceeding protective warranted.
to the thyroid, or soluble uranium intake j
S-094999 0007(o0)(t7-APR-87.I4.13 09)
12924 Federal Regista. / Vol. 52. No. 75 / Monday. April 20.16. / Proposed Rules i
exceeding 2 milligrams to a member of lower end of the range for protective usually end within half an hour to an the public.,
action consideration provide an hour when the local fire department has
'The EPA recommends that actions to adequate margin of safety. Pubhc controlled the fire. As a result.
j protect the public be considered if comments on this item are specifically protective actions must be taken very projected whole body doses due to an requested.
quickly to be effective.
accident are in the range of1 to 5 rems.
For most licensees who would be in view of two factors-(1) takmg into account the practicality of required to establish and maintain a realistically, radiation doses and soluble the actions that would be taken. The plan. the degree of risk is small. For uranium intakes should generally be low proposed rule uses the 1. rem low end of most licensees, even worst. case doses compared to protective action guides the dose range as the criteria for to an individual on the plume centerline and (2) the fast. moving nature of the i
establishing whether a licensed facility resulting at any distance are less than 5 accidents of concern-evacuation needs an emergency plan for responding or to rems. Realistically. actual doses planning is not necessary, appropriate.
to a releste. In addition. conservative that anyone would receive should be far or feasible. !n particular, evacuation of assumptions have been used to estimate lower Fmally, the probability of a neighborhoods before plume arrival will the doses which could result from an serious radiological accident is small, generally not be possible. instead the accident. Doses (Fat would result from less than 10-*/yr and the probability of emphasis of emergency preparedness an actual accident should realistically a serious accident simultaneous with should be on ending the accident as be far below the calculated doses on highly adverse meteorology is less than quickly as possible, reducing the which the regulation is based to'/yr. Details are provided in the quantity of material released. protecting The EPA's draf, protective action Regulatory Analysis.NUREG-1140.
workers onsite, and promptly restoring guides apply to radiation receive ~
Sectiens 2.4. 2.5 and 3.
the facility to a safe condition. Offsite,it uruformly over the body.These The. rupture of a large heated cylinder would be appropriate for police ano fire guidelines are not appbcable if the of UF. is an exception in that both the personnel to move people out of areas of radiation dose is not uniform or if only probability and the consequences due to dense smoke or fumes or get them to some body organs receive the radiation the chemical toxicity of the released seek shelter indoors. Such actions are dose. To account for radionuclides that material could be of greater concern routine for fires and chemical releases are deposited nonuniformly in the body, than the radiation doses from.ny and would be expected whether there such as those possessed by fuel cycle plausible accident at fuel cycle or other were an emergency plan or not.
and other radioactive materiallicensees, radioactive material facilities. As part of The proposed amendments to Parts the effective dose equivalent from these the analysis for this proposed 30,40 and 70 would require that radionuclides is used to replace the rulemaking. the rupture outdoors of a i censees authorized to possess in whole body dose equivalent.
hot cylinder containing 14 tons of UF.
excess of certain quantities of byproduct The effective dose e uiva;.it is was analyzed, and predictions were materials source materials. and special dermed as the sum ofI e external made concerning the consequences of nuclear materials must submit radiation dose equivalent plus the dose such a rupture. These predictions have emergency plans for responding to equivalent to each body organ due to been compared with tne results of the releases or an evaluation that shows radioactivity deposited witnin the body actual release that occurred during the that offsite doses due to a release of multiphed by a risk weighting factor for lanuary 4.1986. accident at the radioactive materials under reasonable the organ.The weighting factors are Sequoyah facility (" Rupture of a Model and plausible circumstances would not taken from " Recommendations of the 48Y UF. Cylinder and Release of exceed 1 rem effective dose equivalent.
International Commission on Uranium Hexafluoride." NRC Report Radiological Protection."ICRP NUREG-1179. February 1986). The a thyroid dose of 5 rems. or a soluble Publication 26, Pergamon Press. Oxford, quantity and duration of the release uranium intake exceeding 2 milligrams.
19*7.
were quite close to what was predicted.
The proposed rule would also cover any
'The conservative accident scenarios Also. it appears that the actual onsite future plutonium fuel fabrication plants.
and dose calculations which form the erd offsite consequences were also The table of quantities in Part 30 that technical basis for the proposed rule are qw close to what was predicted.
would require evaluation of the need for described in detail in the previously
(" Assessment of the Public Health an emergency plan was taken from "A mentioned " Regulatory Analysis of impact from the Accidental Releast of Regulatory Analysis of Emergency Radioactive Material Licensees.,Other Preparedness for Fuel Cycle and Emergency Preparedness for Fuel Cycle UF. at the Sequoyah Fuels Corporation and Other Radioactive Material Facility at Gore. Oklahoma." NRC Licensees." NUREG-1140 Report NUREG-1189. March 1986.)
NUREG-1140.The table lists quantities Except fee radiodine doses, which Airborne releases due to a severe that might theoretically deliver an are calcukted for infants, doses are accident at these licensed facilities are effective dose equivalent of t rem in the calculated for an average adult. Doses likely to occur rapidly with little event of a severe accident.The to infants and older children would be warning The only types of accidents quantities were calculated by assuming shshtly different due to differences in identified in NUREG-1140 for which that the most exposed member of the their metabolism. Unfortunately, doses protective action guide doses or the 2 public woulo inhale a fraction of 10** of to age groups younger than adults have milligram soluble uranium intake could those materials. External doses from j
not been calculated for the modern ICRP theoretically be exceeded are a fire, a cloudshine and groundshine are then f
Publication 26 dosimetric models except UF. cylinder rupture, and a criticality added to the internal dose.The 1 rem I
for a few radionuclides. The NRC accident. Public input is sought on other effective dose equivalent is a 50. year l
considers the differences between adult types of accidents that might lead to dose commitment calculated by the doses and child doses to be insignificant significant releases oflicensed methods of ICRP Publications 26,28. and j
in comparison with the other materials. Releases from a fire could 30.
uncertainties in the analysis.The NP.C start even before the fire is detected or The table in Part 30 includes all also considers that the inherent shortly thereafter. Plume travel time to nuclides, except for 1-129. listed on 20 or i
conservatism in its accident dose nearby people is likely to be no more more of NRC's approximately 9.000 calculations and its use of the 1. rem than a few minutes. Releases would byproduct material licenses. (1-129 was 5-09a999 0006(00xl1.APR-81 la.1till F4702.FMT..116.321.. 4-06-87
4 f
Fedatal Register / Vol. 52. No. 75 / Monday. April 20. 1987 / Proposed Rules 12925 addition to uranium hexafluoride Methods and procedures to be followed I
not included in the table because,d saturation would prevent the thyroi releases. The aralyses for criticality by facility owners and operato:s and hem absorbing enough l-129 to reach accidents and plutonium releases are local emergency and medical ersonnel I
the S. rem protective action guide for included in NUREG-1140.
to respond to any release...(3) thyroid dose Thus. l-129 is too weakly Hozordous Chemico/ Ae/coses Designation of a community response radioactive to be significant to coordinator and facility emergency emergerey planning ) The table also The NRC also considered requiring coordinators... (4) Procedures includes all betagamma emitters listed emergency planning for NRC licensed '
providing retiable, effective, and timely on any license for which the quantity to. facilities with nonradioactive hazardous notification by the facility response delner a 1. rem effective dose equivalent chemicals. Certain NRC. licensed coordinators and the community would be less than 10.000 curies.The facilities that would be required to have response coordinator to persons table also includes all alpha emitters an emergency plan for radioactive designated in the emergency plan and to listed on ar,y license for which the materials might also have the public that a release has occurred quantity to theoretically deliver a 1. rem nonradioactive hazardous chemicals.
. (5) Methods for determining the effectis e d,ose equivalent would be less The issue of offsite emergency planning.
occurrence of a release and the area or than 2 cunes, preparedness, and response for release population to be affected b such The quantities in the table in Part 30 of hazardous chemicals la addressed by release...(6) A descripti n of are different from quantities previously the Superfund Amendments and published in NUREG-0767." Criteria for Reauthorization Act of 1986. Pub. L 99-h Selection of Fuel Cycle and Major 499, enacted October 17.1986. (Single and id n i c lon of the rso s Materials Licensees Needmg copies are available without charge by responsible for such equipment and Radiological Contingency Plans.,,
visiting or writing: Senate Document fac lit s,. 47) Evacuauon plans.
Federal Register Notices with Orders to Room. Hart Senate Office Building, (8) Training programs, including licensees (46 FR 12566). and an Room B-04. Washington DC 20510.)
schedules for training oflocal Advance Notice of Rulemaking (June 3.
Title !!!of that Act, independently
'mtrgency fesponse and medical 1981: 46 FR 29712) The main reasons for entitled. " Emergency Planning and Personnel... and (9) Methods and the differences are:(1) Dosimetric Community Right To Know Act of 1986...
schedules for exercising the emergency models from ICRP Publications 26. 28.
establishes a comprehensive and l
P an.
and 30 have been used instead of the detailed program under the auspices of older models from ICRP Publication 2:
EPA and FEMA for community The Act requires facility owners and j
and (2) release fractions have changed
' involvement planning, traming, operators to promptly provide local as the result of further study.The emergt.y notification. response. and emergency planning committees with intercept fraction remains 10"for enforcement in the event of an offsite any information the committees need to nondepositing radionuclides. In release of hazardous extremely develop and implement the emergency addition, two new pathways. external hazardous, and toxic chemicals. All
.ans. Failure to provide requested radiation from groundshine and from fac sities with a threshold quantity of information may result in an epa fine of cloudshine, are included.
any of several hundred listed chemicals no m re than $25,000 per day, in Part 40. emergency plans would be are si.bject to the Act. By interim final The Act presently does not cover required only for handEng significant rule, the EPA established threshold radioactive materials because these are j
quantities of uranium hexafluoride. it planning quantities and associated not listed in the Statutory reference was concluded in NUREG-1140 that reportable quantities (November 17 (Chemical Emergency Preparedness uranium and thorium in chemical forms 1986. 51 FR 41570).
Program. USEPA November 1985.
less volatile than uranium hexanuonde The Act requires each State to Revision 1. 9223.9-1 A. a v ailable from would not require emergency plans establish local emergency planning EPA). However, a companion of the because plausible releases could not committees in each area with a facility content of a licensee's radiological cause doses exceeding t rem effective possessing in excess of the threshold emergency plan as would be required by dose equivalent. the threshold dose for quantities of hazardous chemicals.
this proposed rule indicates that the requiring an emergency plan. The dose Facility operators are required to notify information likely to be requested frore threshold would not be exceeded the emergency coordinator of the local facility owners and operators by local because the low volatility of uranium emergency committee immediately upon emergency response committees if and thorium compounds. other than a release of a reportable quantity of a radiological hazards were covered uranium hexauuoride, causes low listed hazardous chemical. Notification would be contained in plans that meet 1
release fractions and because the low to the local coordmator of the release of the NRC's proposed rule.
i specific activities of uranium and an unlisted chemicalis required as well A preliminary review of the EPA
)
thorium result in low doses from a given if the chemicalia subject to the entirely reference listed chemicals indicates that weight of material.
separate reportable quantities any NRC materials licensee that would The chemical toxicity of uranium and requirement of Superfund.The Act is to be subject to radiological emergency thorium are also not of concern except be fully implemented by October 16, planning for releases of radioactive for the highly soluble uranium from a 1988. Failure toimmediately report a materials willlikely be subject to the uranium hexanuaride release. Other release may cause the facility owner or new law. it is also highly likely that compounds of uranium or thorium would operator to be subject to an EPA fine of several hundred. If not thousands, of not cause as large en intake due to up to $25.000 (and imprisoned for up to other materials licensees, that would not lower quantities released and are not as two years if the violation is willful).
be subject to radiological emergency acutely toxic a: the very soluble The Act also requires that each lo^,al planning. will be subject to the new law.
l uranium compound created by the emergency planning committee prepare "Ihe new law is more comprehensive.
'3 uranium hexanuoride release.
an emergency plan for facilities under detailed, and demanding than any In Part 70, plans would be required for its jurisdiction. Plans must include the program contemplated or recommended potential releases of plutonium and following:"(1) Identification of facilities by the NRC staff for offsite emergency releases due to criticality accidents in subject to the requirements...(2) planning for nonradiological chemical f
s.o94999 Oooe(ooit:7.An-s?-ia.13.in a
F4702.FMT...[16.32].. 4-06-87 l
12926 Federal Register / Vol. 52. No. 75 / Monday. April 20, 1987 / Proposed Rules hazards. Stuf e and local participation in release as well as procedures for timely include evaluation of the the emergency response program is mandatory and the issuance of other notihcstion of the public. NUREG-1340 appropriateness of the plan, procedures, permits and licenses to a chemical recommended a distance of one mile facilities. equipment (includmg location from the release point as the area facibiy operator is not rnade contingent affected This distance is based on U.S.
of facilities and equipment), training and upon facihty compliance. Rather, facility Department of Transportation enteriaperiodic exercise in the spectrum of compliance is expected because of accidents or ernergencies possible al the for releases of hazardous chemicals in facility."
heavy civil penalties for failure to abide transport accidents The criteria are by the recordkeeping, reporting and notification provisions of the Act.
those used by the Johns Hopkins Reso/ution The recommendation was University Laboratory Apphed Physics generally adopted in the proposed rule The NRC staff. accordingly. believes 1 aboratory to derive the emergency by requiring that exercises be evaluated that the obhgation of NRC to ensure action distances given in " Hazardous by individuals not having direct adequate emergency planning and Materials Emergency Response implementation responsibihty for the response for release offsite of hazardous Guidebook." U.S Department of plan. Audits of exercises should provide chemicals can be met by requiring that Transportation Report DOT-P5800.2.
a good indication of how well the plan applicants for licenses and for heense 1980 However, the local emergency would really work in an emergency.
renewals who would be subject to the planning committees may select any Recommendation 31.2.2 /11. "A radiological emergency planning distance of criteria they consider systematic training program shculd be requirements being proposed appropriate. In addition, the local established to familiarize all plant demonstrate and maintain substantial emergency preparedness committees personnel with the general contents of compliance with the Emergency also select the means of notifying the the contingency plan and appropriate Planning and Community Right To.
pubh,e-response actions. Specific trairung Know Act of1986 Therefore the should be provided to individuals (both proposed rule would require NRC lessons learned from o Uranium site and corporate) whr, might be licensees having the potential for Hexafluoride Release assigned 6pecific response function and sigraficant offsite releases of radioactive On Janua 4.1986, a cylinder filled responsibilities."
materials to also demonstrate C $sidera 1 above ts ton capa ity Resolution. The recommendation was j
compliance with the requirements of the adopted in the proposed rule. The Ernergency Planning and Community while bcing heated at t,he Sequoyah Pr posed rule would require the licer.see Right To Know Act of 1986 with respect y )
to tram workers how to respond in an to hazardous chemicals they may Okah n
k r i d nd everal * * *I8 '"CF' P*****'
other workers were injured. The death Recommendation a1.'2 (2/. "Offsite LJcensees that would not be required and injuries were caused by exposure to organizations who migh be requested to by the rule to have an emergency plan hydrogen flouride, produced by a support an emugency response should for heensed matenal also would not be reaction of the uranium hexafluoride be mvited to attend training specific to required to demonstrate to NRC with airborne moisture.
the response expected.
compliance with the Emergency After the accident, the NRC formed a Resolution. The recommendation was Planning and Community Right.to Know Lessons Learned Group that reviewed adopted in the proposed rule. The Act of 1986. The proposed rule is the accident and recommended proposed rule would require the licensee directed toward and would affect only improvements. (See " Release of UT.
to offer instruction end orientation tours those bcensees with the potential for a from a Ruptured Model48Y Cylinder at to fire police, medical, and other offsite significant release of licensed Sequoyah Fuels Corporation Facihty:
emergency personnel.
radioactive material, taking into account Lessons Learned Report." NRC report Recommendation 11.12. /11. "Dntls both the radiological and chemical NUREG-1198. June 1986.) A number c{
and exercises involving substantial staff tonicity of the hcensed material.
the recommendations are relevant to response to a spectrum of simulated Undoubtedly, many NRC licensees who this proposed rule and are discussed emergency situations should be would not be covered by the proposed here. Readers wanting to know why the conducted periodically. The simulated rule possess in excess of the threshold recommendations were made should events should be based on prepared quantities of some hazardous chemical.
refer to NUREG-1198.
scenarios to demonstrate specific The NRC in this rulemaking has not Recommendation JJ.J.J. (1/. "The objectives, and they should be observed made a fmding that those hazardous individuals responsible for development. 'and critiqued by qualified personnel.
{
chemicals do not require emergency maintenance. upda tes, and Any deficiencies observed should be preparedness. Rather, the licensees are implementation of the tcr.4ngency plan evaluated and responsibility for still required by epa to comply with the (i.e the emergency plan) should W torrective action assigned and clearly identihed at both the corporate follo a ct' "
j requirements of the Emergency Planning and site levels."
and Community Right to Know Act of Resolution. The recommendation was 1986 and would be subject to severe Resolutica. The recommendation was adopted in the proposed rule. The
]
civil and criminal penalties for failure to adopted in the proposed rule. The i
comply.
proposed rule would require each plan proposed rule woult' require quarterly communication cht ks and annual f
Uranium hexafluoride production to describe the responsibilities of the facilities are covered by the Act because licensee's personnel should an accident exercises to test rer onse to simulated j
they possess hydrogen fluoride and occur including responsibilities for emergencies. Audits of exercises would be required by personnel having na fluorme. both of which are on the list of developing maintaining, and updating direct implementation responsibility.
the plan.
hazardous chemicals. The local Recommendation aJ.J.2(2). " Audits Deficiencies in the plan would have to
{
emergency planning committee for each of contingency plan implementation Recommendation 11.12. (21. " Drills be corrected.
I I
ares is required by the Act to decide, should be conducted by individuals not and esercises should periodically among other things, the area or having direct implementation include the offsite orgamzations which population that could be affected by a responsibility, and the audits shouki might be called v.pon for support (local 5 044999 o010(00xtLAPR-8LI413.I8)
Rd2ral Regist:r / Vcl. 52. No. 75 / Monday. April 20. 1987 / Proposed Rules 12927 police. civil defense health which there exists a potential for Recommendation 13.2.1.2 (1).
departments. etc.). as well as corporate exposure to toxic fumes for more than a
" Personnel of local egencies that might
/
personnel."
few moments."
be called upon to respond to Resolution. The recommendation was Resolution. This recommendation was emerger.cies should be given training."
adopted in the pronosed rule. The not specifically adopted in the proposed Resolution This recommendation was proposed rule would require the licensee rule. The proposed rule would require adopted in the proposed rule. The to invite offsite response organizations means and equipment for mitigating the licensee would be required to offer to to participate in the licensee's exercises. consequences of accidents. including police fire. medical and other offsite Recommendation 3 7 d.2(1). " Consider those provided to protect workers emergency personnel information on requiring a designated Ent rgency onsite. However. in general, air capsule how to respond to an accident as well Operation Center (EOC) onsite and an escape units are not believed to be as orientation tours of the facility.
alternate EOC either offsite or in useful or practical for accidents at fuel Recommendation 113.2. " Hospital another onsite location which ss unlikel) cycle and other radioactive material staff who might reasonably be expected to be impacted by the incident.The EOC facilities. In most cases it is beheved to deal with injuries from a major and alternate EOC should contam that the quickest and best way to escape accident should be trained to deal with adequate communications capability the occident is to leave the ares as all aspects of the injuries. Radiological and accommodations to provide for quickly as possible. In the case of fires plans and their use in drills are coordination of the onsite emergency and explosions, attempted use of such desirable."
response activities and notibcations and capsules could increase hazard. Rather Resolution. This recommendation was coordination with dfsite supportmg than adopt a general requirement, the adopted in the proposed rule. The rule organizations. The EOC or attemate use of air capsule escape units could be would require the licensee to offer EOC,should be accessible 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> a considered on a case by case basis for instructions and orientation tours to da Y-special situations in which ordinary medical personnel and would require
- Resolution. The proposed rule would means of escape are not available.
the licensee to invite medical personnel require a control point rather than an Recommendation 3.1.d.2 (4J. "The to participate in the licensee's exercises.
emergency operations center.'Ihe term facility communications system should Recommendation 3.3.4.2.
emergency operations center was include a redio system compatible with
" Radiological contingency planning intentionally not used in the rule local police or other offsite responder should include site control plans and because that term has a specific communications systems. In addition, the methods for implementing site access meaning in nuclear power plant licensee should attempt to identify control. local la w enforcement groups emergency preparedness that would be beforehand to local and statt police, that r,ht be called on in an emergency l
snappt insofar as practical, offsite individuals should be trained."
c,p)e. nd g n alfy fa e no ing who would be called on for support in Resolution.The NRC agrees with this accidents that fuel cycle and other the event of an emergency at the site.
recommendation. and the propsed rule adioactive materiallicenses would Radio communications with police wauld require means and equipment for have to respond to.The reposed rule fficials during an emergency can mitigation the consequences of would also require the a ility to perform res Ive specificissues.
accidents. Site access control plans notification and coordination even if Resolution. This recommendation was would be one means of mitigating the parts of the facility were unusable due not specifically adopted in the proposed consequences of accidents and would be to the accident.
rule. The proposed rule would require contained in the licensee's plans, as i
Recommendation 3.1.d.2(2).
" Locations of emergency equipment and the licensee to provide a means of appropriate, for the particular site. The kita should be reviewed by the NRC and notifying offsite response organizations.
rule would require the licensee to offer but whether that would include radios is mstructions and orientation tours to licensees so that in the event of an emt.gency in a given facility location. or appropriate for negotiation between thepolice personnel licensee and the offsite response Proposed requirements. Licensees inaccessibility of a large portion elthe orgamzations on a case.by case basis.
would be given the option of facility, access to adequate emergency in general the NRC would recommend demonstrating that emergency plans for equipment and facihties. includmg radios but would consider other means responding to accidental releases are emergency decontamination facilities.
can be assured. Equipment caches of maintaining adequate communication. not needed because doses would not abould be in multiple locations."
The rule also requires the licensee to exceed 1 rem effective dose equivalent
/
Resolution. The staff agrees with this provide appropriate instructions to as a result of a creditble accident at recommendation and the proposed rule offsite response orgamzations.The their specific facility.The table of would require that notification of offsite question of lists of individuals who radionuclides in the proposed response organizations and coordination might be called to the site will be regulations was developed using of onsite response efforts be possible discused in a guide on this subject.
conservative, pessimistic or " worst-even if part of the facility or equipment Recommendation 3.2.J.2 (J). "The case" assumptions. Each assumption is is unavailable due to the accident. The events described in the radiological possible at some " generic" fa cility, but prosed rule hes no other specific contingency plan required of certai~n may not be realistic for a specific actual requirements for multiple equipment NMSS licensees should be reviewed to facility.Thus the licensee is given the caches. however.The exact locations of develop a consistent analysis and option of analyzing accidents for the emergency equipment is appropr,ste for classification of events.The resulting actual existing facility and determining consideration when NRC reviews the classification should be used in NP.C site specific maximum credible relecses.
licensee's submitted emergency plan, decision criteria to initiate transition of If after the review the NRC staff agrees Recommendation 3.J.d.2(3).
the NRC from a normal mode to higher that the resulting doses would be below i
" Consideration should be given to response modes."
1 rem. an emergency plan for respondmg i
providing strategically placed ' sir Resolution. This recommendation was to the release would not be required.
l ca psule escape units' to allow workers adopted. The proposed rule includes a The licensee also has the option of to escape from portions of a facility in classification system for accidents.
revialng facility design. operating 5-094999 00llfooX1bAPR-81-1413.21)
\\
12928 Federal Register / W1. 52. No. 75 / Monday. April 20. 1987 / Proposed Rules procedures. or possession limits to could include sprinkler systems and There is not enough time during the
)
reduce potential doses below 1 rem other fire suppression systems fire accident.
effective dose equivalent in lieu of detection systems, physical separation (7) Responsibilities. A brief perparing an emergency plan for of material, storage in fire resistant description of the responsibilities of respondmg to an accidental release.
containers, use of fire resistant building lie ensee personnel should an accident if an emergency plan for responding to materials, fire fightmg capabilities.
cecur. including the identification of an accidernal release is needed it would procedures prohibiting flammable personnel responsible for promptly include:
materials in areas where radioactive notifying offsite response organizations (1) facility description. A brief materials are found, filter systems. use and the NRC; also responsibilities for description of the beensee's facility and of water sprays to knock down UF., and developing. maintaining. and updatmg area near the site The purpose is to others.
the plan. In general. responsibilities provide the reader with enough basic Equipment might irdude respiratory should be described for the position information to evaluate thelicensee's protection equipment for employees.
rather than by naming indWiduals so plan. Significant nearby facilities, such evacuation alarms, and equipment that personnel changes do not require as schools, should be included in the site possessed by the licensee to reduce or amending the emergency plan. Offsite area description.
stop the release. It would not include response organizations would generally
, (2) Types of occidents. An equipment brought to the site by offsite include fire, police, medical, state identification of each type of accident response organizations-radiological safety organizations and for which protective actions might be This item is not intended to require perhaps other emergency personnel.
needed. Typically, the accidents of backfits or design changes. Plant design (Agreement State licensees would notify concern are fires involving radioactive is subject to a more complete safety the State rather than the NRC.)
unaterials. releases oflarge quantities of review when the license application is (8) Notification andcoordination. A uranium hexaflouride and criticalities reviewed.
commitment to and a brief description of involving high enriched uranium or (6) Assessment ofre/coses. A brief the means to promptly not.fy offsite plutonium. Releases of hazardous desenption of the methods and response organizations and request chemeials that could affect the equipment to assess releases of offsite assistance. including medical radiological safety of the facihty and radioactive materials.
assistance for the treatment of result in releases of or exposure to This does not mean real time contaminated injured onsite workers radioactive materials must also be assessment. it means measurements considered.
made after the release has occurred to when appropriate. A contre' soint must be blish '
(3) C/ ossification of occidents. A determine how much material was not fication and coo d natio must be classification system for classifying released. The NRC does not believe that accidents as site area emergencies or real time estimates of rebases are planned so that unavailability of seme general emergencies These classes are generally possible for the types of Personnel, Parts of the f.icility.and some adopted from nuclear power plant accidents of concern. Signi7 cant M*,f,In a d c ord na ion The emerger.cy planning. but modified for releases are not likely to v cur by way fuel cycle and other radioactive material of monitored release pah Monitored licensee shall also commit to notify NRC heensees. A generalemergency means paths would generally contain filters immediately after notification of the releases that may cause doses offsite that would reduce any release to appropriate response organizations and n t later than one hour after the licensee exceedmg t rem effective dose negligible levels. Furthermore. if a equivalent or 5 rems to the thyroid have release were detected from a monitored declares an emergency.
occured, are in progress, or may occur.
release path there wculd generally be no in general, the licensee would be in this case. offsite actions may be way to determine that additional expected to be able to contact the local needed. A site area emergency means material was not being released b' way police by radio so that adequate two-events are in progress or have occurred of unmonitored paths. In addition.'even way communication cou d be that resquire a response from offsite if one could assure that the entire maintained throughout the accident. in a organizations. but doses woud not be release were monitored so that a release few cases, the licensee may want to j
expected to exceed 1 rem effective dose rate could be determined. there would seek assistance from the Department of i
equivalent or 5 rems thyroid.
be no way to know the duration of the Energy under the Federal Radiological 1
(4) Detection ofoccidents.
release or whether the release rate Emergency Response Plan (see 50 FR Identification of the means of detecting would subsequently rise or fall greatly.
46524; November 8.1985).
each type of accident in a timely This situation is different from that at (9)Information to be comn unicated manner.The means of detection could nuclear power plants where the A brief description of the types of include one or more of the following: fire containment can be sampled and information on facility status, alarms, criticality alarms, visual therefore the entire inventory subject to radioactive releases, and recommended observation, stack monitors. or radiation release can be calculated. Beyond this, actions,if necessary, to be given to monitors as appropriate.
measurements of releases would offsite response organizations and to the (5) Afitigation ofconsequences. A generally be made much too late to be of NRC.
brief description of the means and any usefulness during the emergency (10) Training. A brief description of equipment for mitigating the response. The recommended approach the training the licensee will provide consequences of each type of accident, therefore is to estimate source terms for workers on how to respond to an including those provided to protect each accident type in the planning and emergency and any special instructions workers onsite. and a description of the then decide in the planning what and orientation tours the licensee would program for maintaining the equipment.
recommendations would be made to offer to fire police, medical, and other Mitigating actions could include actions offsite response organizations for each emergency personnel, to reduce or stop the release and actions accident type. In summary, one cannot Instructions on how to deal with the to protect workers such as evacuating wait until a potential accident is radiation release should be appropriate the building or decsetaminating underway to decide what for the personnel and should clearly personnel. Means for limiting releases recommendations should be made.
state the specific actions expected of 5-094999 0012(00l[l7-APR-87-14:13.24)
Federal Register / Vol. 52. No. 75 / Monday. April 20. 1987 / Proposed Rules 12929 them and things they should and should important to conduct exercises often the situation and recommended actions.
not do. After the more comprehensive enough to eventually cover all aspects of and assuring that these officials have initialtraining. refresher bnef ngs are a program over a reasonable time been offered instruction in ads ance. In suggested annually A desirable time period. Exercising annually is sufficient addition. in order to assure that offsite would be soon after the exercise has to meet this need Experience has taught response organizations expected to been conducted so that training that by conducting exercises, portions of respond to an accident have been deficiencies can be corrected and the plan and procedures that were consulted in the formulation of the plan.
recommendations of the audits relevant thought to be adequate can be found to the licensee must allow such offsite to training can be implemented be deficient. For example, during the organizations 60 days to comment on the Refresher briehngs for offsite response December 17,1986 exercise at Allied plan and must provide these comments organizations should be conducted at a Chemical, an emergency action level to the NRC.
frequency considered appropriate by that initiates a general emergency was The NRC has also considered the those organizations.
determined to be inappropriate and had need for: (1) Formal public information (11) Recovery. A brief description of to be revised. lf not for the opportunity programs for people living close to the means of resiot ng the facihty to a to actually use the emergency action licensed facihties who might be advised safe condition after an accident.
levels during the exercise, this to take protective actions if an accident Detailed procedures are not appropriate inconsistency could have persisted for occurred; and (2) formal notification of because the exact nature of the accident many years undetected. Therefore, it is the potentially affected public in the cannot be forseen. Instead general important to have annual exercises as a event on an accident. The NRC has criteria are appropriate.
method to identify problem areas. In concluded that the need for any actions (12) Exercises ond oudds. Provisions addition. personnel need these of this type are best left to the local for conducting quarterly opportunities to actually demonstrate offsite emergency response communications checks with offsite '
their capabilities With several people organizations and efficials who have response organizations and annual trained to fill each emergency response jurisdiction and responsibility for onsite exercises to test response to position. an individual could go several protecting the people in the vicinity of simulated emergencies. The licensee years before having an opportunity to the facility.This approach has been shall invite offsite response participate, even with an annual adopted for hazardous chemicals in the organiza dons to participate in the exercise frequency. With a two year Emergency Planning and Community annual exercises. Exercises must use frequency this could lead to personnel Right to.Know Act of 1986 The NRC scenarios not known to exercise not having an opportunity to participate will encourage State and local participants. An Audit,of each exercise in an exercise for a considerable authorities to consider the need for such must be conducted by mdividuals not number of years.
actions and to woa with the licensee on having direct implementation The case in favor ofless than annual a case by case basis.
responsibility for the plan. Audits of exerejses, for example, biennual Most.if not all. of the licensees who exercises must evaluate the t aercises can be summarized as follows.
appropnateness of the plan, emergency While nuclear power plants exercise would be required to submit an procedures facilities. equipment, annually, the potential hazard from a emergency plan by this regulation have training of personnel. and overall radioactive materials facility is already submitted onsite Radiological effectiveness of the res onse.
enormously lower and the complexity of Contingency Plans under the orders Deficiencies found by t e audits must be the needed response is much less.
issued in 1981.Those plans already corrected.
Therefore, having the same exercise include essentially the same mformation The exercises are for the purpose of frequency as nuclear power plants is not that would be required under the new familianzing the licensee personnel with justified in terms of the potential hazard regulation. but most of the plans are the emergency plan. training them m the nor needed to maintain an adequate likely to require some changes to meet use of site +pecific response procedures. level of preparedness. In addition, the new rule. The NRC plans to allow licensees who have submitted and for identifying and correctmg annual exercises could place an deficiencies in the plan. All deficiencies excessive burden on offsite response Radiological Contmgency Plans one o a t c ss ehan8' in the plan must be corrected. includmg organizations.This burden may be Y,e,a
, e9u1d problems with procedures, trammg.
difficult for them to meet especially staffmg. equipment etc. Participation by considering that they may have to submit an evaluation showin8 that an off. site personnelis not required Annual participate in many other exercises emergency plan is not necesary. The means once each calendar year, at any required by the Emergency Planning and changes or evaluation would then have tima during the year.
Community Right to Know Act of1986 to be submitted to the Commission as
'!he NRC would like comments (13) Hazardous chemicals. A provided for in the proposed rule. The spevfically on whether exercises should description sufficient to demonstrate the NRC would not expect those licensees be re luired annually or once every two applicant's compliance with the to resubmit their entire plans when years The issue is whether the Emergency Planning and Community submitting changes. Rather, at the time increa ted practice would improve the Right to Know Act of 186. Title 111. Pub.
of renewal of their licenses. licensees qualit) of the response sufficiently to 1.99499. If applicable to the applicant's would resubmit their entire plan revised make aanual exercises worth their cost.
activities at the proposed place of use of to conform to the new rule as a part of The cue in favor of annual exercises the radioactive material. This should their renewal application. Licensees i
can be su nmarized as follows.
Include a summary of the information covered by the rule who have not Exercises ce valuable training provided to the local emergency submitted Radiological Contingency opportunities hat not only help to train committee and to whom and when the Plans would be allowed one year to personnel, bn help identify deficiencies information was sent.
submit either an emergency plan or an in emergency response plans and in brief, the licensee is required to evaluation showing that an emergency procedures. Since it is generally give prompt notification to appropnate plan is not needed.
impracticable to exercise all portions of offsite response organizations. providing The NRC will consult with FEMA as a program during each exercise. it is these organizations with inforn.ation on appropriate under the terms of the s 094999 00lk00X t7-A PR-87-1413.27)
1 1
12930 Federal Register / Vol. 52. No. 75 / Monday. April 20. 1987 / Proposed Rules l
FEMA-NRC memorandum of Regulator) Analysis because of its size. it is hkely to bear a understanding Agreement States The Commission has prepared a disproportionate adserse economic receiving plans would also be free to regulatory analysis (NUREG-1140) on impact. should notify the Commission of consult FEMA if they desired NRC this proposed regulation. The analysis this in a comment that indicates the encourages licensees to work with State examines the accident scenarios following:
l gos ernments to deselop comprehensive considered by the Commission (see (a) The small entity's size in terms of l
emergency plans for other hazards.
Section 2) as well as the costs and annualincome or revenue and number The staff identified about 60 NRC benefits of actions considered (see of employees:
licensees who would be coscred by the Section 3). The analysis is available for (b) How the proposed regulation rule as propos2d. The staff estimated.
inspection in the NRC Pubhc Document would result in a significant economic howeser that about 15 of those Room.1717 H Street NW., Washington.
burden upon the small entity as licensees would probably lower their DC. Single copies of the analysis compared to that on a larger er.tity:
possession hmits so they would not be (NUREG-1140) may be obtained without (c) How the proposed regulations cos ered and that about 15 would charge upon written request from:
could be modified to take into account probably demonstate that the 1. rem Distribution Section. Office of the entity's differing needs or dose is not plausible. Realistically.
Information Resources Management.
capabihties.
probably no more than about 30 USNRC. Washington. DC 20555.
The comments should be sent to the bcensees would actually submit a As indicated previously, the Secretary of the Commission.U.S.
emergency plan. Perhaps about 5 to 10 Commission in particularly interested in Nuclear Regulatory Commission.
Agreement State beensees would also receiving public comments on the Washmston. DC 20555. ATTN:
eventually be covered because the new regulatory analysis. Comments on the Docketing and Service Branch.
requirements would be a rnatter of s s maY 'su it ed t e RC Additional Views of Commissioners d,d compatibility with Agreement States.
Asselstine and Carr headmg.
Finding of No Significant Environmental Commissioner Asselstine stated. "I l
Regulatory Flexibility Cenification approve this proposed rule as far as it Impact: Availability As required by the Regulatory goes. However.1 believe that in light of The Commission has determined Flexibihty Act of 1980. 5 U.S.C. 605(b).
the fast. moving nature of the accidents under the National Environmental Pohry the Commission certifies that this rule. if of concern for the types of facihties Act of 1969. as amended. and the adopted will not have a significant covered by this proposed rule. the Cr"nmission's regulations in Subpart A econom:c impact upon a substantial Commission should give further o: 10 CFR part $1. that this rule. if number of small entities consideration to requiring e formal adopted. would not be a major Federal The proposed rule wt old required notification system for pro nptly alerting action significantly affecting the quality des elopment and ' implementation of the public within an appropnate of the human environment and therefore emergency plans by licensees who are emergency planning zone (Ep2)in the an environmentalimpact statement is authonted to possess significant event of an accident. Staff studies and i
not required The rule not affect the amounts of radioactive material.These expenence from the January 4.1956 probabihty or the size of accidental companies do not fall within the accident at the Sequoyah Fuels radioactive releases It might is some definition of a small business found in Corporation facility demonstrate the
. cases reduce the doses people near the the Small Business Act.15 U.S C. 632 or necessity for quick decisions and facihty site could receise.The within the small business size standards prompt actions in the case of an environmental assessment and fmdmg set forth m 13 CFR Part 121. The emergency. The regulatory analysis of no significant impact on which this Proposed rule affects about 60 out of prepared in support of this rule determmation is based are as ailable for some 9.000 licensees. However, the staff (NUREG-1140) states that 'The goal inspect on at the NRC Pubhc Document beheses that about 15 of these beensees should be to make decisions on Room.1717 H Street NW Washington.
could amend their licenses to reduce protective actions and start i
DC. The environmental assessment and quantities of material they are implementing these decisions within 5 or i
fmding of no significant impact are authorized to possess and about 15 to minutes of discovering the accident!
contained in Section 4.3 of "A could perform an evaluation showing no Releases are expected to end withm half i
Regulatory Analysis for Emergency need to be covered by the rule.
an hour to an hour. lt appears to me that l
Preparedness for Fuel Cycle and Other Realistically, probably rio more than in view of these circumstances. prompt j
Radioactive Matenal Licensees.
about 30 licensees would actually notification of the affected public to NUREG-1140. Single copies are submit emergency plans. These 30 enable individuals to take appropriate available without charge upon written I cer. sees are essentially identical to and timely protective actions is a request from NRC Distribution Section.
those issued orders to require onsite sensible approach which the contingency plans in 1981. An additional Commission should require. Along with i
I C' 0
I 5 to 10 Agreement State licensees might requiring prompt notihcation system. I
,8
.RC 8 ton. DC have to submit emergency plans believe provisions for annual 20555.
because the rule would be made an item dissemination of information to the Paperwork Reduction Act Statement of computability with Agreement State public located within an EPZ relating to
- programs, notification methods and protective This proposed rule amends Thus. the proposed rule would not actions is also necessary. ! would information collection requirements that impose a significant economic impact on appreciate comments on these are subject to the paperwork Reduction a substantial number of small entities, suggestions."
Act of 1980 (44 U.S C. 3501 et seq ). This as defmed in the Regulatory Flexibility Commissioner Carr stated. "I agree rule has been submitted to the Office of Act of 1980.
that the proposed rulemaking should be Management and Budget for review and Any small entity affected by this published for public comment. but I am approval of these requirements.
regulation which determines that.
concerned about the conservatism used 5-094999 0014(00MlbAPit 8ble 13.30)
Federal Register / Vol. 52 No. 75 / Monday. April 20. 1987 / Proposed Rules 12931 by the staff,in its accident dose
- 2. In i 30 4. all defmitions are lii) Allor part of the radioactive calculations and its use of the 1. rem alphabetized, the lettering system for the materialis not subject to release during lower end of the range for protective defmitions is deleted. and three new an accident because of the way it is I
action given the Commission policy definitions are added alphabetically to stored or packaged.
(1985 Pohey and Planning Guidance) read as follows:
(iii)The release fraction in the that emergency planning should be respirable size range would be lower IMd D*""**"*-
than the release fraction shown in based on realistic assumptions."
Commissioner Carr requests public i 30 72 due to the chemical or physical comments on these concerns
" Effective dose equivalent" means the form of the material; sum of the product of the dose liv)The solubility of the radioactive Ust of Subjects equivalent to the organ or tissue and the material would reduce the dose 10 CTR rart 30 weighting factors applicable to each of received; the body organs or tissues that are (v) Facility design or engineer safety Byproduct material, Governtnent irradiated. Weighing factors are: 0.25 for features in the facility woulo cause the contracts. !ntergos ernrnental relations.
gonads.0.15 for breast 0.12 for red bone lease fraction to be lower than shown in isotopes. Nuclear materials. Penalty.
marrow. 0.12 for lungs. 0.03 for thyroid.
g 30.72-Radis tion protection. Reportmg and 0.03 fo.r bone surface, and 0.06 for each (v ) Operating restrictions or recordkeeping requirements-of the other five organs receiving the procedures would prevent a release 20 CTR Port 40 highest dose equivalent.
fraction as large as that shown in wral em"gmf means mnts g 3o.72: or Government contracts. Hazardous may ccur, are in pr gress, r have (vii) Other factors appropriate for the materials-tra nsporta tion. Nuclear ccurred est could caun Se relean of speejr;c racil ty, m aterials. Penalty' Reporting and radioactive materials sufficient to cause (3) An emergency plan for responding p
recordkeeping requirements. Source doses offsite excuding 1 rem effective to a release of radioactive material materia 1. Uranium.
dose equivalent or 5 rems to the thyroid submitted under paragraph (g)(1)(ii) of 10 CFR Port 70 or an intake of 2 milligrams of soluble this section must include the following uranium-information:
Hazardous materials-transportation, i
Material control and accounting.
(i) Focility description: A brief l
Nuclear materials. Packaging and
" Site area einergency" means events description of the licensee's facility and containers. Penalty. Radiation may occur, are in progress, or have area near the site.
protection. Reporting and recordkeeping occurred that require offsite response (ii) Types of occidents: An requirement. Scientific equipment.
but are not expected,to cause a release identification of each type of accident of radioactive matenals sufficient to for which protective actions may be Security measures. Special nuclear cause doses offsite to exceed 1 rem needed.
ma terial.
Under the authonty of the Atomic effective dose equivalent or 5 rems to (iii) Classification of occidents: A Energy Act of 1954, as amended. the the thyroid or an intake of 2 milligrams class fication system for classifymg of soluble uranium.
accidents as site area emergencies or l
Energy Reorganization Act of1974, as amended, and 5 U.S C. 553. the NRC is general emergencies.
proposing to adopt the followmg
- 3. In i 30.32, a new paragraph (g)is (iv) Detection of occidents amendments to 10 CFR Parts 30. 40. and added to read as follows:
Identification of the means of detecting each type of accident in a timely 70' 5 30.32 Apphcation for specific licensea.
manner.
PART 30-RULES Of GENERAL (v) Mitigation of consequences A APPLIC ABILITY TO DOMESTIC (g)(1) Each application to poscess brief description of the means and l
UCENSING OF BYPRODUCT radioactive materials in unsealed form.
equipment for mitigating the MATERIAL on foils or plated sources, or sealed in consequences of each type of accident.
glass in excess of the quantities in including those provided to protect i
- 1. The authority citation for Part 30 is t 30.72. " Schedule C-Quantities of workers onsite, and a description of the t
revised to read as follows:
Radioactive Materials Requiring program for maintaining the equipment.
l Authorhy: Sees at 42.161.182.151186. es Consideration of the Need for an (vi) Assessment of re/coses: A brief Stat. 935 948. 953.954.ess. as sewno i sec.
Emergency Plan for Responding to a description of the methods and 234. 83 Stat. 444. es arnended (42 U.S C 2111.
Release." must contain either:
equipment to assess releases of 2112. 2201. 2232. 2233. 2236. 22821. secs 2o1.
(i) An evaluation showing that the radioactive materials.
as amer *ded. 202. 20L as Sta t.1242. as maximum dose to a person offsite due to (vil) Responsibilities: A brief amended.1244.12s6142 U.S C 5441. 5642.
a release of radioactive materials under description of the responsibilities of Sectiori 30.7 also issued under Pub. L 95-reasonable and pleusible circumstances licensee personnel should an accident om. sec.10. 92 Stat. 2951142 US C. sastl.
would not exceed t rem effective dose occur. including identification of Section 30.34(b) also nsued under sec.164. Se equivalent or 5 rpms to the thyroid; or personnel responalble for promptly Stat 954. as amended (42 U.S C 2234).
(ii) An emergency plan for responding notifying offsite response organizations Section 30.61 also issusd under sec.187. se to a release of radioactive material.
and the NRC: also responsibilities for Statl42 U.S C 22371-(2) One or more of the following developlog. maintaining. and updating For the purposes of sec. 223. es Stat 958. as factort may be used to support an the plan.
amended (42 U.S.C 22731. Il 30.3. 30.34(b).
evaluetion submitted under paragraph (viii) Notification and coordination: A (g)(1)(i) of this section:
commitment to and a brief description of und'e see is to 94. s sue amended (42 U.S C 2201(b)). and il 30.6.
(i) The radioactive materialis the means to promptly notify offsite ao.36. 30.51. 30.52. 30.55. a nd 30.so(bl and (c) physically separated so that only a response organizations and request are issued under sec.1elo. 68 Stat 950, as portion could be involved in an
' offsite assistance, including medical amended (42 U.S C 2201(oll.
accident; assistance for the treatment of S.094999 oot$(Q))(ILAPb8bl413.33) l I
12932 Rdaral R:sist:r / Vcl. 51 No. 75 / Monday. April 20. 1987 / Proposed Rules contaminated injured onsite workers to comr'nent on the licensee's emergency when appropriate. A control poini must be established The notibcation and plan before submitting it to NRC.The Radioactive -
Reiease Ovantity matmo fracten (cunes) coordination must be planned so lhet licensee shall provide any comments unas ailabihty of some personnel, parts received within the 60 days to the NRC i
of the facility, and some equipment will with the emergency plan.
uo.99._
01 30.000 Tc-99.-
not i 10 000
- 4. In i 30.34, a new para Tc at ' 400 000 added to read as follows: graph (f)is not prevent the notification and coordination. The licens te shall also Ru-106.
01 200 commit Io notify NRC immediately afler i 30.3 Terma and conditions of licenses.
Cd-109 01 i 1.000 A 110m.-
01 1.000 9
notihcation of the appropriate offsite response organizations and not later -
Co-113 -
.01 80 than one hout after the licensee declares (f)1. censees required to submit emergency plans by I 30.32(g) shall an emergency.,, to be communicated: follow the emergency plan approved by
~t (ix)Informotsoin Sn-126--
.01 1400 A brief description of the types of the Commission. The beensee may se.124-01 4.000 information on facilit change the approved plan witbut radioactNe releases, y status.
Sb-126
.01 6.000 and recommended Commission approvalonlyif the Te-127m..
01 - - 5.000 actions. if necessary. to be given to changes do not decrease the Te-129m 01 l 5,000 offsite response organizations and to the effectiveness of the plan.The licensee L 125.-
.5 7
NRC.
shall furnish the change to the I-131
.5 5-(n) Training A brief description of the appropriate NRC Regional Office
- 133=
'O l ##00 training the hcensee will provide spec fied in i 30.6 within six months
$.'l37' l $
i 3'
workers on how to respond to an after the change is made. Proposed g.333; o1 10.000 emergency and any specialinstructions changes that decrease, or potentially es-140 and orientation tours the licensee would decrease, the effectiveness of the,
.01 30.000 Ce-141
.01 10.000 offer to fire, police, medical end other approved emergency plan shall not be Ce-144..
41 l 300 emergency personnel.-
implemented without prior application Pm-145-01 4.000 (xi Sofe shutdown; A brief to and prior approval by the Pm-147 Ot !
(m descr)iption of the means of restoring the Commission.
Sm-151 <
41 ;
- 4. M facility to a safe condition after an Eu 152 01 500 accident.
Eu-154 -
01 400
- 5. A new i 30.72 is added to read as Eu 155 :
.01 3.000 for co)nduct, g quarterlylxii Exercises ondoudits/ Provisions ' follows:1p j1 y
communications checks with offsite
. $,3,0.72 Schedule C--Quentition of Ho-166m -
01 100 3,,.tive matenals rego; ring tm 170 01 4.000 response organizations and annual onsite eFercises to test response to conAerauon of the need for an Mt-172 41 400 simulats d emergencies. Quarterly emer9eney plan for responding to a releans.
Hf-181z 0) 7.000 communications checks will offsite Ir-192 -
.001 40.000
. response organizations shallinclude the Au-198.
01 30D00 I
check and update of all necessary Radioactqe Release Quantity pp.2io,_
01 10 000 H9 203 41 1 telephone numbers. The licensee shall
*d'"
kU")
a invite offsite response organizations to 6-207
.01
- 5. 2 20 participate in the annual exercises.
p M
participation of offsite response g
g,;
600 3
gong on, (g
organizations in annual exercises Na 01 9.000 Np-237-
.001 2
although strongly recommended is not Na-24..
.01 10.000 Am-241..
.001 2
required. Exercises must use scenarios P.5 100 Am-242.
p-33:
.5 1.000 Am-243__
001 2
001 2
not known to exercise participants. The s.5 900 cm-242 license shall conduct an audit of each C1 41 l 5.000 Cm-243;
.001 60 exercise using individuals not having K-42_
.01 9.000 Cm-244
.001 4
.001 3
direct im the plan.plementation responsibility for Audits of exercises must sc-46.
- )
01 20.000 cm-245.-
.001 2
Co-4 5 -
svaluate the appropriateness of the T
4-
-.-f 41 3.000 C1-252.-
.0019 9(20 mg)
~
plan. emergency procedures, facilities 8
0 equipment, training of personnel, and '
C. E 41 300D00 MmW m 21 10400 cverall effectiveness of the response.
Mn-56 m
.01 60.000 products -
.01 1400 Deficiencies found by the audits must be Fe-55
.01 40.000 Mmed corrosion i
corrected.
Fe-59x
.01 7.000 products.-
.01 10.000 CO-60.
.001 5.000 Contammated de(scription sufficient to demonstrate the xiii) Norordous chemicals! A N+-63
.01 20.000 couipment bege- ;
i l
Co-64
.01 200.000 Samma.-
001 1 10h00 applicant's compliance with the 2n-65.-
S1 5.000 Weested matenala.
Emergency Planning and Community Go-68 _
01 2,000 any torm other 1
Right.:o.Know Act of 1986. Title Ill. Pub.
5~
1 99499 if applicable to the applicant s T
1p 6.0 t#e, I 01 1.000 4.ctivities at the proposed place of use of N9
.01 3 S00 MWiete met. !
the byproduct material.
g,,,n 33 go
,oi,o y-91
.01 2.000 noncombustit9e..
.001 (4) The licensee shell allow the offsite Zr.01 400 Maed radioactive 10.000 response organizations expected to Zr 95 -
41 5.000 nste. beta-respond in case of an accident 80 days Ntt.01 300 gamms..
.01 i
1.000 j
s-094999 0016(OlX17-APR-st-14:15.26)
\\-
Fcd2ral'R:gister / Vcl. 52.' No; 75 / Monday. April 20. 1987 / Proposed Rules 12933
. uantey radioactive materials sufficient to cause (v) Mitigation of consequences: A Radioact=,
Release Q
material' -
fracten (cures) doses offsite exceeding 1 rem effective brief description of the means and.
i dose equivalent or 5 rems to the thyroid equipment for mitigating the -
Pactege mmed or an intake of 2 milligrams of soluble consequences of each type of accident.
waste. beta.
I uranium.
including those provided to protect E
gamma'.
.00 t l 10.000 workers onsite, and a desenption of the A"Y *' alpha
l.
" Site area emergency" means events Program for maintaining the equipment.
2 may occur, are in progress. or have (vi) Assessment ofreleaset A brief -
falpe.a 0001 20 occurred that require offsite response description of the methods and j
but are not expected to cause a release equipment to assess releases of i
Packaged waste
- alphe,
f
.0001 20 of radioactive materials sufficient to radioactive materials.
s Comt>natens of -
g cause doses offsite to exceed 1 rem (VIII Ne8 Possibilities: A brief
. radioactue effective dose equivalent or 5 rems to description of the responsibilities of matenets hated the thyroid or an intake of 2 milligrams licensee personnel should an accident above'1 r'
of soluble uranium..
Occur. including identification of 8 For comt> nations of radioactive matenals.
personnel responsible for promptly consideration of the need for an emergency
- 8. A new paragraph (i)is added to notifying offsite response organizations plan es required af the som of the rateos of the 140.31 to read as follows:
and the NRC: also responsibilities for ouantay of each radioactive matenal autho,.
developing. maintaini,ng, and updating med to the quantity tested for that matenal en f 40.31 Appucations for specific Mcenses, the plan.
Schedute C e coeds one.
(viil) Notification andcoordination: A o[es$tNe sMgkp$n*
(i)(1) Each application to possess
. commitment to and.s brief descripti6n of i
uranium hexafluoride in excess of 50 the means of promptly notify offsite kilograms in a single container or 1000 response organizations and request PART 40-DOMESTIC LICENSING OF kilograms total must contain either.
offsite assistance, including medical SOURCE MATERIAL (i) An evaluation showing that the assistance for the treatment of
- 6. The authorit citation for Part 401 maximum intake of uranium by a e ntaminated injured onsite workers j
revised to read a follows:
m mb f the ub c due r lease
',",,jg
, hh^no i ica ion n a
"' po Authority: Secs. 62. 63. 64. SS.
- 161.182.
1s3.1s6. Os Stat. 932. 933. 935. 948, 953. 954.
circumstances would not exceed 2 coordination must be planned so that e55. es amended. secs.11e(2), s3. e4. Pub. L
' mgjjigrams; or unavailability of some personnel, parts95-404. 92 Stat. 3033. as amended. 3039. sec.
(ii) An emergency p.an for responding of the facility. and some equipment will 234. 83 Stat. 444. as amender' (42 U.S.C to the radiological hazards of an not Prevent the notification and ao14(e)(2). 2092 2003. 2004. 2005. 2111. 2113.
accidental release of source material co rdination.The licensee shall also 2114. 22o1. 22312233, 2236. 22t2): sec. 274.
and to any associated chemical hazards commit to notify NRC immediately af ter Pub. L e6-3n. 73 Stat. saa (42 U.S.C 2021);
directly incident thereto, notification of the offsite response secs. 201. as amended. 202. aos, se Stal.1242.
as amended.1244.1246142 U.S C Sa41. 5a42.
(2) O"' Of 80 0f th' foll0*I"8 organizations and not later than one Sa46). sec. 275. 92 Stat. 3021. as amended by factors may be used to support an hout after the licensee declares an Pub. L 97-415. 96 Stat. 2067 (42 42 U S C evaluation submitted under paragraph emergency.
3022).
(i)(1)(i) of this section:
(ix)Information to be communicoled!
Section 40 7 also issued under Pub. L 95 (i) All or part of the radioactive A brief description of the types of 8o1 sec.10, 92 Stat. 2951 (42 U.S.C. 5451).
materialis not subject to release during information on facility status
- Section 40.31[gl aise issued under sec.112. 88 an accident because of the way it is radioactive releases, and recommended Stat. 939 (42 U.S C 2152) Secuon 40 46 also issued under sec.1a4. as Stat. 954, as stored or packaged-acti ns. If necessary. I be given to amended (42 U.S C 2234) Section 40.71 also (ii) Facility design or engineered offsite response organizations and to the NRC.
issued under sec.187. as Stat. 9ss (42 U.S.C.
safety features in the facihty would a:37).
reduce the amount of the release: or (x) Training: A brief description of the i
For the purposes of sec. 223. 88 Stat. 958. as (iii) Other factors appropriate for the training the licensee will provide amended (42 U.S.C 2273); il 40.3. 40.25(d)(1F specific facility
- workers on how to respond to an emergency and any specielinstructions i
. (3) 40.35 (aHd) and (f). 40 41 (b) and (c). -
(3) An emergency plan submitted and orientation tours the licensee would 1e]
E m*nje f(42 under para re h )(1)(11)of this section offer to fire police, medical and other
(
nd r e ti must u
e owing emergency personnel.
U.S.C 2201(b)); and il 402. 40.25(c) and (d)(3) and (4). 40.2e(c)(2). 40.35(e). 40.42. 40.61.
(l) Focility description: A brief xi so s2. 40.64, and 40.85 are issued under sec.
description of the licensee e facility and of(the) Sofe shutdown: A brief description treans of restoring the facility to a telo. ee Stat. 950, as amended (42 U.S.C.
area near the site.
safe condition after an accident.
2301(o1).
(li) Types of occidents: An (nii) Exercises and audits: Provisions
- 7. In i 40.4. all definitions are identification of each type of accident for conducting quarterly alphabetized, the lettering system for the for which protective actions may be communicator ns checks with offsite s
definitions is removed, and Iwo new needed.
response organizations and annual definitions are added alphabetically to (iii) Classification of accidents: A onsite exercises to test response to read as follows:
classification system for classifying simulated emergencies. Quarterly accidents as site area emergencies or communications checks with offsite i 40.4 Defirwtaons.
general emergencies.
response organizations shallinclude the (iv) Detection of accidents:
check and update of all necessary
" General emergency" means events identification of the means of detecting telephone numbers. The licensee shall
)
may occur, are in progress, or have each type of accident in a timely invite offsite response organizations to occurred that could cause the release of manner.
participate in the annual exercises.
$-094959 col?(03)(17-APR-87 14:15.29)
12934 Federal Register / Vol. 52. No.'75 / Monday. April 20. 1987 / Proposed flules Participating of offsite response Section to ritel also issued under sec.122. ea (i)(1) Each apphcation to possess organizations in annual exercises Slat 939142 U.S C. 2152) Section to 31 also enriched uranium or plutonium in s c 57d Pu L 93 3 7 5 at although strongly recommended is nog is,s,u d un quantities such that a criticality accident alarm system is required. uranium required Exercises must use scenarios also issued under see 164. es Stat 954. as hexafluoride in excess of 50 kilograms m, not known to emercise participants. The amended 142 U S C. 2234) Section 70 et also licensee shall conduct en audit of each issued under secs te6187. 6a Sist 955 (42 a single container or 1000 kilograms exercise using individuals not having U S C 2236. 2237) Section 70 62 also issued total. or in excess of a 2 curies of direct implementation responsibihty for under sec. toe. es Stat. 939. as amended (42 plutonium in unsealed form or on foils or the plan. Audits of exercises must USC.213a) plated sources. must contain either; esaluate the appropriateness of the l'or the purposes of sec. 223. es Stat 958 as (i) An evaluation snowing that the amended (42 U S C. 2273). Il 70.3. 70.19(c).
maximum dose to a member of the plan. emergency procedures. facihties.
i l i' o a)end ho2tt pubhc offsite due to a release of squipment. training of personnel, and j o al o 3e radioactive materials under reasonable overall eIfectneness of the response.
70 39 lb) and (c) 70 4)(a). 70 42 (a) and (c).
Deficiencies found by the audits must be 70 56. 70 57 (b). (c). and (d). 70 58 (aHsim and plausible circumstances would not corrected.
and th)-(i) are issued under sec.1 stb. es Stat exceed 1 rem effective dose equivalent h
(xin) Hotordous chemicch A 946 as amended (41 U.S C. 220t(b)l. Il 70.7.
or an intake of 2 milbgrams of soluble description sufficient to demonstrate the to 22e (a) and (d). 70 20b (c) and te). 70.2tici.
uranium or appheant's compliance with the 70.24(bl. 70 52 (a)(e). (c). (d). (e), and (s). 70.36-(i ) An emergency plan for responding Emergency Planning and Community 70 51 IcHal. 70 56. 70 57 (b) and (dl. and to se to the radiologicalhazards of an (a
) 3 and h)-(j) a is ed un e sec.
accidental release of special nuclear Right.to*now Act of 1986. Title !!!. Pub.
material and to any associated chemical L 99-499. if apphcable to the apphcant s 2201(i)). and ll 70 5. 70.20b (d) and (e) 70 38 activities at the proposed place of use of 70.51 (b) and (i). 70.52 70 53. 70 54. 70.55. 70 58 hazards dirtetly incident thereto.
the Source material.
(s)(4). (k). and (1). to 59 and 70 eo (b) and (c)
(2)One of more of the following (4) The licensee shall allow the offsite
.r,,asued undar see solo. 69 Stat. 950.4s factors may be used to support an response orgaruzations expected to amended (42 U.S C. 2201(o)).
evaluation submitted under paragraph respond in case of an accident 60 days
- 11. In i 70.4. all defmitions are (i)(1)(i) of this section:
to comment on the beensee s emergency alphabetized. the lettering system for the (i)The radioactive materialis plan before submittmg it to the NRC.
defmitions is removed. and three new physically separated so that only a The hcensee shall provide any defmitions are dded alphabetically to portion could be involved in an comments received within the 60 days t read as follows:
accident:
the NRC with the emergency plan.
(ii) All or part of the radioactive
- 9. In i 40.35, a paragraph (f)is added 1 70.4 Definitions.
materie is not subject to release during an accident or to criticality because of to read as 'ollows:
" Effective dose equivalent" means the the way it is stored or packaged.
1 40.35 Conditions of specihc licenses Issued pursuant to l ao.34 sum of the products of the dose (iii)In the case of fires or explosions.
equivalent to the body organ or tissue the release fraction would be lower than (f) Licensees required to submit and the weighting factors applicable to 0.001 due to the chemical or physical each of the body organs or tissues that form of the matenal:
emergency plans by i 40.31(i) shall are irradiated Weighting factors are:
(iv)The solubihty of the material follow the emergency plan approsed by the Commission. The beensee may 0.25 for gonads. 0.15 for breast. 012 for release would reduce the dose received.
red bone marrow. 0.12 for lungs. 0 03 for (v)The facility design or engmeered change the plan without Commission thyroid. 0.03 for bone surface. and 0.06 safety features in the facility would approvalif the changes do not decrease for each of the other five organs cause the release fraction to be lower the effectiveness of the plan.The licensee shall furnish the change to the receiving the highest do,se equivalent.
than 0 001:
Director of Nuclear Material Safety and
, General emergency' means events (vi) Operating restrictions or may occur. are m progress, or have procedures would prevent a release Safeguards. U.S. Nuclear Regulatory occurred that could cause the relsase of large enough to cause a memoer of the Commission. Washington. DC 20555.
radioactive materials sufficient to cause public offsite to receive a dose within six months alte the change is doses offsite exceedmg t rem effective exceeding t rem effective dose made. Proposed changes that decrease dose equivalent or 5 rems to the thyroid equivalent: or the effectiveness of the approved or an intake of 2 miligrams of soluble (vii) Other factors appropriate for the emergency plan shali not be specific facility.
uramum.
implemented without prior apphcation (3) Emergency plans submitted under to and prior approval by the Commission.
" Site area emegency" means events paragraph (i)(1)(ii) of this section must may occur, are in progress. or have include the following information:
PART 70--DOMESTIC LICENSING OF occurred that require offsite response (1) facility description: A brief SPECIAL NUCLEAR MATERIAL but are not expected to cause a release description of the licensee's facility and of radioactive materials sufficient to area near the site.
- 10. The authority citation for part 70 cause doses offsite to exceed 1 rem (ii) Types of accidents: An continues to read as follows:
effective dose equivalent or 5 rems to identification of each type of accident Authority: Secs.51. 53.161.1s2.163. 66 the thyroid of an intake of 2 milligrams for which protective actions may be Stat. 929. 930. 946. 951. 954. as arnended. sec.
of soluble uranium.
needed.
(iii) C/ ossification of occidents: A 234. 83 Stat. 444 as amended (42 U.S.C. 2071.
12.In 6 70.22 paragraph (1)is revised. classification system for classifying n[dI2 04 206, tat 2 as amended.1244.12411246 (42 U.S.C. 5341.
to read as follows:
accidents as site area emergencies or genera! emergencies.
Sa41. 5645. 5646).
Section 70.7 also issued under Pub. L 95-6 70.22 Contents of appl 6catK>na.
(iv) Detection of occidents:
ect. eec.10. 92 Stat.2951142 U.S c. sast).
Identification of the means of detecting 5-094999 0015(olXILAPR-U-1415.32)
Federal Register / Vol. 52. No. 75 / Monday. April 20. 1987 / Proposed Rules 12935 each type of accident in a timely invite offsite response organizabons to pnor application to and prior to snanner.
parucepate in the annual exercises approval by the Commission (v) Mitigation of consequences A Participation of offsite response 1
brief description of the means and organizations in annual exercises Dated at Washmston. DC. this 1sth day of equipment for mitigating the although strongly recommended is not Apnl.1987.
consequences of each type of accident, required Exeroses must use scenanos For the Nuclear Regulator) Commission including those provided to protect not known to exercise parbeipants. The lohn C. Hoyle.
workers onsite, and a description of the licensee shall conduct an audit of each Acties Secretary ofsAe commission vf) As essm$ to efeaseNr
'Irec n re pons biflty for (FR Doc. s7-aa01 Filed 4-7-67. 8 45 am) l 8
d pmn t description of the methods and the plan. Audits must evaluate the equipment to assess releases of radioactive matenals appropriateness of the plan. emeraency (viii) Responsibihtees A brief procedures. facihties. equipment.
desenption of the responsibilities of training of personnel and overall licensee personnel should an accident effectiveness of the response.
occur. including identification of Deficiencies found by the audits must be personnel responsible for promptly correted notifying offsite response organizations (xiii)Hozordous chemicols: A and the NRC: also responsibihties for description sufficient to demonstrate the developing maintaming. and updating applicant's compliance with the the plan.
Emergency Planning and Community (viii) Notification and coordination A Right.to Know Act of 1986. Title 111. Pub.
commitment to and a bnef desenption of L.99-499 if applicable to the appl. cant's the means to promptly notify offsile activities at the proposed place of use of response organizations and request the special nuclear matenal.
offsite assistance, including medical (4) The licensee shall allow the offsite assistance for the treatment of response organizations expected to contaminated injured onsite workers respond in case of an accident 60 clays when appropriate. A control point must to comment on the licensee's em6.iency be estabbshed. The notification and plan before submitting it to NRC. The coordination must be planned so that licensee shall provide any comments unavailabihty of some personnel. parts of the faciht) and some equipment will received within the 60 days ts the NRC not prevent the notification and with the emergency plan.
coordmation. The licensee shall also commit to notify NRC immediately after 1 70.22 (Amendedi notification of the appropriate offsite response organizations and not later
- 13. In i 70.22 (i), footnote 3 is than one hour after the licensee declares removed.
an emergency.
(ix) Information to be communicated:
I "E# I#***0*A5 A brief dest.ription of the types of
- 14. In i 70.23(a)(11), footnote 2 is information on facihty status, removed and reserved.
radioactive releases. and recommended
- 15. In 170.32, paragraph (i) is revised actions. lf necessary, to be given to to read as follows:
offsite response organizations and to the NRC.
g 70.32 Cenditions of licensee.
(x) Training-A Briel description of the training the hcensee will provide workers on hew to respond to an (i) Licensees required to submit emergency and any specialinstructions emergency plans in accordance with and orientation tours the licensee would i 70.22(i) shall follow the emergency offer to fire, police, medical and other plan approved by the Cornmission. The emergency personnel.
licensee may change the approved plan (xi) Sofe shutdown: A brief without Commission approvalif the description of the means of restoring the changes do not decrease the facility to a safe condition after an effectiveness of the plan.The licensee
- accident, shall furnish the Director of Nuclear (xii) Exercises ondoudits: Provisions Material Safety and Safeguards U.S.
for conducting quarterly Nuclear Regulatory Commission.
communications checks with offsite Washington, DC 20555. with a copy to
(
l response organizations and annual the appropriate NRC Regional Office onsite exercises to test response to specified in Appendix D part 20 of this simulated emergencies. Quarterly chapter, a copy of each ch.nge within communications cFecks with offsite six months after the change is made.
response organizations shallinclude the Proposed changes that decrease the check and update of all necessary effectiveness of the approved emergency telephone numbers.The licensee shall plan shall not be implemented without j 5-04a999 00tWolMl7-APR-87.la 15.35)
__