ML20249C269
| ML20249C269 | |
| Person / Time | |
|---|---|
| Issue date: | 05/28/1998 |
| From: | Mcgaffigan E NRC COMMISSION (OCM) |
| To: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20249C259 | List: |
| References | |
| SECY-98-077-C, SECY-98-77-C, NUDOCS 9806260280 | |
| Download: ML20249C269 (4) | |
Text
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NOT ATION VOTE RESPONSE SHFEI TO:
John C. Hoyle, Secretary FROM:
COMMISSIONER MCGAFFIGAN
SUBJECT:
SECY-98-077 - PROPOSED RULE: " RESPIRATORY PROTECTION AND CONTROLS TO RESTRICT INTERNAL EXPOSURES,10 CFR PART 20" Approved I
Disapproved Abstain Not Participating Request Discussion COMMENTS:
See attached comments and edits, w (,
SIGNAT RE
((Il) U Release Vote / ( /
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Withhold Vote /
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Entered on "AS" Yes I No, E c E E I**
CORRESPONDENCE PDR
Commissioner McGaffigan's Comments on SECY-98-077 I support revising regulations, where appropriate, to endorse consensus standards; this position is one of the central concepts in DSI-13 and of the Technology Transfer Act of 1996 (Public Law 104-113). One concem I have with the current staff proposal involves timeliness, since the consensus standard in this instance (ANSI standard Z88.2-1992) was published in 1992. On a broader front, the current staff proposal highlights a policy issue associated mth how the Commission defines " endorsing a consensus standard." The current staff proposalincludes incorporation of portions of the consensus standard into the rule reportedly, in part, to assure enforceability. There are other methods to endorse a standard. For example, the ASME Code is not restated in 10 CFR 50.55a, although this example involves inclusion in the license /TS. A simple rule that required licensees to maintain adequate respiratory protection and a Regulatory Guide that provided a method acceptable to the staff might have been sufficient. Licensee mistakes, procedure discrepancies, and program weaknesses could perhaps have been judged against the licensee program as a whole as to whether adequate respiratory protection was provided. Similarjudgments must sometimes be made when assessing a licensee's compliance with fire protection rules and, in any case, should be the defining aspect of any performance-based rule. The Commission will need to face this issue, including in the area of fire protection and consensus standards that might be developed in conjunction with the NFPA (SECY-98-058).
In the current case, the proposed rule generally updates and clarifies existing requirements and represents some reduction in burden (e.g., reporting and record keeping) and has already been delayed longer than perhaps it should have been. For these reasons, I support publishing the proposed rule. However, the FRN should be revised to specifically so'icit public comment on the use of approaches other than the proposed rule, such as the simple rule plus Regulatory Guide approach mentioned above.
With regard to Agreement State compatibility, I agree with the comments of Commissioner Dicus that the staff should exercise discretion and propose compatibility categories that assure internal consistency in cases where implementation of the adequacy and compatibility policy statement results in inconsistencies within a proposed rule. For this reason, the FRN should be revised to specifically solicit public comment on the resulting inconsistencies so that this issue can be resolved prior to issuance of the final rule. In addition, any comments previously received from the Agreement States as a result of the proposed amendments being made available on the NRC rulemaking bulletin board should be briefly summarized in the FRN.
I also recommend that changes be made in the public announcement and Congressional letters to reference the Technology Transfer Act of 199G. Edits are attached for ine staff's consideration.
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NRC ISSUES PROPOSED REVISIONS TO REGULATIONS.
ON RESPIRATORY PROTECTION The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations gov: ming the use of respiratory protection equipment and other controls to rertrict intemal exposure.
The revised rules would provide greater assurance that workers' radiation exposures will be m:intain as low as is reasonably achievable arm would approve for licensee use advances in respiratory protection equipment and procedures. The new rules would be more performance based, more flexible and easier to implement. The NRC believes the proposed rule would save licensees about $2 million per year, with no reduction in worker health and s:fety.
When the Commission's overa!! radiation protection regulations were significantly rsvis;d in 1992, the rules for respiratory protection were not similarly revised because the Am:rican National Standards institute (ANSI) was working on new consensus guidance in this ern. The new ANSI guidance,"American National Standard Practice for Respiratory Protsetion," is now available and is essentially the technical basis for the proposed rule.
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prog wJ The proposed changes emphasize the usa of process or engineering controls,
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decontamination of work areas, access controls, and other procedures instead of the use of o
,g,t respiratory protection devices, which tend to increase extemal radiation doses and worker M
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stress.
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The proposed rule also recognizes the new respiratory protection devices that have W
g been proven effective, discourages the use of other devices that are now considered less
A" pJ,f eff;c0ve based on field tests, and revises requirements for respiratory protection procedures
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such cs testing to evaluate the fit of a respirator on a particular individual.
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The Honorable Dan Schaefer, Chairman Subcommittee on Energy and Power Committee on Commerce Unded States House of Repra.Giives Washington, DC 20515
Dear Mr. Chairman:
Enclosed for the information of the Subcommittee are copies of a Public Announcement and a proposed amendment to 10 CFR Part 20 dealing with respiratory protechon and other controls to restnct intomal exposure of workers The proposed amendment will be published in the I
Federal Banistar for a 75-day public comment period.
l These amendments are based on guidance developed by the American National. Standards institute. These amendments will provide greater assurances that recent technological advances in respiratory protection equipment and proceduras are reflected in NRC regulations, and that worker's exposures will be maintained as low as is reasonably achievable.
The proposed rules redefine the level of adequate protection, establish a less prescriptive framework and are estimated to reduce licensee burden by about 32 million per year with no e>
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Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Federal Register Notice i
cc: Representative Ralph Hall i
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UNITED STATES
- 4 NUCLE AR REGULATORY COMMISSION WASHINGTON.D C. 20555-0001 g
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June 18, 1998 SECRETARY i
MEMORANDUM TO:
L. Joseph Callan Executive irector for Operations 00
- e FROM:
Joh 6. Hoy e, ecretary
SUBJECT:
STAFF REQUIREMENTS - SECY-98-077 - PROPOSED RULE:
" RESPIRATORY PROTECTION AND CONTROLS TO RESTRICT INTERNAL EXPOSURES,10 CFR PART 20" The Commiss;on has approved publication of the proposed rule for public comment subject to the comments and chan jus noted below.
(EDO)
(SECY Suspense:
7/10/98)
The Federal Reaister notice (FRN) should specifically ask for public comment on whether the technical aspects of the rule should be addressed through alternative approaches other than the proposed rule, such as a simple performance-based rule with a Regulatory Guide to permit a more rapid regulatory response by the NRC to technical developments and changes in industry consensus standards (subject to legal constraints).
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The staff should re-review its conclusions with respect to compatibility categories for this rule, in particular for consistency l The staff should exercise discretion and propose compatibility categories that assure intemal consistency and provide appropriate justification for departing from the policy and procedure in cases where implementation of the adequacy and compatibility policy statement results in inconsistencies within a proposed rule. The FRN should specifically solicit public comment on the resulting inconsistencies so that this issue can be resolved prior to issuance of the final rule. In addition, any comments previously received from the Agreement States as a result of the proposed amendments being made available on the NRC bulletin board should be b.:a.7 summarized in the FRN.
In paragraph 3 of the public announcement, lines 3 and 4, de!ete 'new.' At the end of paragraph 3, Lsd a sentence: "The Commission's proposed rule is consistent with the general mandate of the Technology Transfer Act of 1996 (Public Law 104-113) to utilize consensus standards."
The Congressionalletters should be modified to add the following sentence at the end of the 1
letter: "The Commission's proposed rule is consistent with the general mandate of the SECY NOTE: THIS SRM, SECY-98-077, AND THE COMMISSION VOTING RECORD l
CONTAINING THE VOTE SHEETS OF ALL COMMISSIONERS WILL BE MADE PUBLICLY AVAILABLE 5 WORKING DAYS FROM THE DATE OF THIS SRM.
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((( V LI k
- s Technology Transfer Act of 1996 (Public Law 104-113)' to utilize consensus standards."
cc:
Chairman Jackson Commissioner Dicus Commissioner Diaz
. Commissioner McGaffigan
- OGC-ClO.
l CFO OCA OlG Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)
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