ML23151A517
| ML23151A517 | |
| Person / Time | |
|---|---|
| Issue date: | 07/31/1990 |
| From: | Chilk S NRC/SECY |
| To: | |
| References | |
| PR-MISC. (90-7), 55FR31113 | |
| Download: ML23151A517 (1) | |
Text
ADAMS Template: SECY-067 DOCUMENT DATE: 07/31/1990 TITLE: PR-MISC . (90-7) - 55FR31113 - ENFORCEMENT POLICY REGARDING OCCUPATIONAL DOSES FROM "HOT PARTICLES" - POLICY STATEMENT CASE
REFERENCE:
PR-MISC. (90-7) 55FR31113 KEYWORD: RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete
STATUS OF RULEMAKING PROPOSED RULE: PR-MISC. (90-7) OPEN ITEM (Y/N) N RULE NAME: ENFORCEMENT POLICY REGARDING OCCUPATIONAL DOSES FR OM "HOT PARTICLES" - POLICY STATEMENT PROPOSED RULE FED REG CITE: 55FR31113 PROPOSED RULE PUBLICATION DATE: 07/31/90 NUMBER OF COMMENTS: 0 ORIGINAL DATE FOR COMMENTS: 07/30/90 EXTENSION DATE: I I FINAL RULB PED. REG. CITE: 55FR31113 FINAL RULE PUBLICATION DATE: 07/31/90 NOTES ON SEE: SECY 89-370 FOR FURTHER BACKGROUND (SRM 03/08/90) SEE SECY 9 ATUS 0-169 RESPONSE TO SRM ON SECY 89-370. ISSUED AS FINAL POLICY STAT RULE EMENT. FILE LOCATED ON Pl.
TO FIND THE STAFF CONTACT OR VIEW THE RULEMAKING HISTORY PRESS PAGE DOWN REY HISTORY OF THE RULE PART AFFECTED: PR-MISC. (90-7)
RULE TITLE: ENFORCEMENT POLICY REGARDING OCCUPATIONAL DOSES FR OM "HOT PARTICLES" - POLICY STATEMENT
. OPOSED RULE PROPOSED RULE DATE PROPOSED RULE SECY PAPER: 90-169 SRM DATE: 03/08/90 SIGNED BY SECRETARY: 07/25/90 FINAL RULE FINAL RULE DATE FINAL RULE SECY PAPER: SRM DATE: I I SIGNED BY SECRETARY: 07/25/90 STAFF CONTACTS ON THE RULE CONTACTl: JAMES LIEBERMAN MAIL STOP: 7H5 PHONE: 492-0741 CONTACT2: MAIL STOP: PHONE:
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1 Enforcement Policy Regarding Occupational Doses from 11 Hot Particles;" Policy Statement.
AGENCY: Nuclear Regulatory Convnission.
ACTION: Policy Statement.
SUMMARY
- This policy statement presents the criteria the Convnission will follow to provide for the use of enforcement discretion in cases that involve an occupational dose to the skin resulting from exposure to radiation emitted from a hot particle on or near the skin. The provisions of this
,policy will be followed by the NRC staff until a new limit applicable to such cases is established by a revision of 10 CFR Part 20.
EFFECTIVE DATE: Jul y 30, 1990 FOR FURTHER INFORMATION CONTACT: James Liebennan, Office of Enforcement, U.S. Nuclear Regulatory Collillission, Washington, D. C. 20555, Telephone (301) 492-0741.
SUPPLEMENTARY INFORMATION:
Purpose The purpose of this policy statement is to explain the enforcement policy that the COD111ission intends to follow (notwithstanding the current enforcement policy in 10 CFR Part 2, Appendix C), regarding the use of enforcement discretion in cases that involve an occupational dose to the skin resulting from exposure to radiation emitted from a hot particle on or near the skin.
The provisions of this policy will be followed by the NRC staff until a new limit applicable to such cases is established by revision of 10 CFR Part 20.
Scope This policy applies *only to occupational doses to the skin that exceed the limits of 10 CFR 20.101 for the "hands and forearms, feet and ankles" or the "skin of the whole body" and that are the result of radiation emitted from a hot particle on the body or clothing of the exposed individual. This policy does not change criteria for whole-body doses.
Definitions As used in this policy "Beta emission" means either (1) the number of beta particles emitted from the radionuclide( s) in- the hot particle during the time period of the occupational
---r---w*'- vi .... c ~.,., .. UI \'-/ l..llC IIUUUJt:f' Uf oeta part1c1es emlttea from the surface of the particle during that time period.
"Hot particle 11 means a discrete radioactive fragment that is insoluble in water and *is less than 1 mm in an~ dimension.
"Hot-particle exposure 11 means an occupational dose to the skin resulting from exposure to radiation emitted from the radionuclides in a hot particle on .the body or on the clothing of the exposed individual.
qOccupational dose 11 includes exposure of an individual to radiation (1) in a restricted area or (2~ in the course of employment in which the individual's duties involve exposure to radiation, provided, that "occupational dose 0 shall I
not be deemed to inclu,de any exposure of an individual to radiation for the purpose of medical dia~nosis or medical therapy of such individual. (Note:
This is the definition of this term given in 10 CFR Part 20.)
~ Occupational Exposure Criteria The limits on occupational dose specified in the table in paragraph (a) of 10 CFR 20.101 for the hands and foreanns, feet and ankles, and the skin of the whole body apply to al1,, exposures, including hot particle exposures. However, because of the nature jif the principal radiation involved (beta), the extremely
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localized effects, and!'the ..... lower biological risk, the NRC believes a different 11m1t ror hot particle~exposures should be established through rulemaking action and that enforcement discretion should be applied until a new limit for hot particle exposures is established by rule. Consequently, the staff I
will use a new beta emission criterion and a new skin dose criterion for j
determining appropria~,- discretionary enforcement actions and appropriate
severity levels for hot particle exposures; however, the staff will continue to evaluate hot particle exposures to terms of absorbed dose for comparison with the limits of 10 CFR 20.101.
For a hot particle exposure of an individual above the limits of 10 CFR 20.101 that results from a hot particle in contact with the skin, the NRC will issue a notice of violation if the beta emission from the particle is greater than the beta emission criterion. For purposes of this policy, the beta emission criterion is established as a beta emission value of 10 10 beta particles (75 microcurie hours). A notice of violation will not be issued when an individual receives a hot particle exposure that is equal to or less than the beta emission criterion.
For each hot particle exposure, the hot particle will be assumed to have been in contact with the skin throughout the possible irradiation period, even if the particle was found on the hair or clothing of the exposed individual, unless it can be determined that the particle was never in contact with the skin (for example, if the particle was between two layers of clothing).
If it can be determined that the particle was never in contact with the skin, the skin dose criterion, rather than the beta emission criterion, applies.
That is, in this case, the NRC will issue a notice of violation if the dose to
- ~,:; ski,; exceeds the sKin aose criterion. For purposes of this policy, the skin dose criterion is established as an occupational dose to the skin of 50 rad at a depth of 7 mg/cm 2 averaged over an area of 1 cm 2 in the region of the highest dose. A notice of violation will not be issued when an individual receives a hot particle exposure that is equal to or less than the skin dose criterion.
The beta emission criterion or the skin dose criterion will be used for each hot particle exposure. There are no quarterly or annual limitations.
In any case, a notice of violation may be issued for violations of other regulatory requirements associated with an event involving hot particle exposures (e.g., violation of 10 CFR 20.201, 11 Surveysu) regardless of the magnitude of the hot particle exposure.
In determining whether a hot particle exposure has exceeded the limits of 10 CFR 20.101, the beta emission criterion, or the skin dose criterion, hot particle exposures will not be added to skin doses from sources other than hot particles, nor will hot particle exposures from different particles be su11111ed unless the different particles result in doses to the same area (location) of skin.
Records, Notifications, and Reports Nothing in this policy should be construed as changing, or in effect changing, other requirements of 10 CFR Parts 19 and 20. In particular, the requirements of 10 CFR 20.401 (records), 10 CFR 20.403 (notifications of incidents),
10 CFR 20.405 (reports of overexposures), 10 CFR 20.408 (reports of personnel mon1tor1ng on termination), and 10 CFR 20.409 and 10 CFR 19.13 (notifications and reports to individuals) remain in effect and concern the current dose limits in 10 CFR 20.101. For example, a hot particle exposure resulting in a skin dose of 75 rads to the feet, ankles, hands, or forearms must be reported to the NRC within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />. However, no notice of violation will be issued for a failure to make an ilTillediate notification required by 10 CFR 20.403(a) for a
skin dose that is a result of a hot particle exposure. A notice of violation will be issued for a failure to make a 24-hour notification required by 10 CFR 20.403(b) or to report as required by 10 CFR 20.405 for a dose that is a result of hot particle exposure.
Enforcement Examples In addition to the enforcement discretion concerning issuing notices of violations, enforcement discretion also will be ' used concerning the severity levels of violations. For a dose to the skin from hot particle exposures, the following examples will be used for determining severity levels:
- a. Severity Level III - Violations involving, for example --
(1) Hot particle exposures for which the dose to the skin exceeds the limits of 10 CFR 20.101 and exceeds three times the relevant criterion (either the beta emission criterion or the skin dose criterion).
t2) _ Fai lu~e to make a notification required by 10 CFR 20.403(b) or a report (required by 10 CFR 20.405) for a hot particle exposure that results in a skin dose that exceeds the limits of 10 CFR 20.101 and exceeds three times the relevant criterion (either the beta emission criterion or the skin dose criterion).
- b. Severity Level IV - Violations involving, for example --
(1) Hot particle exposures for which the dose to the skin exceeds the limits of 10 CFR 20.101 and exceeds the relevant criterion but does not exceed three times the relevant criterion (either the beta emission criterion or the skin dose criterion).
- (2) Failure to make a notification required by 10 CFR 20.403(b) or a report (required by 10 CFR 20.405) for a hot particle exposure that results in a skin,-0ose that exceeds the limits of 10 CFR 20.101 and exceeds the relevant criterion but does not exceed three times the relevant criterion (either the beta emission criterion or the skin dose criterion).
- c. Severity Level V - Violations involving, for example --
(1) Failure to n~ke a notificatiQn required by 10 CFR 20.403(b) or a report (required by 10 CFR 20.405) for a hot particle exposure that results in a skin dose that exceeds the limits of 10 CFR 20.101 but that does not exceed the relevant criterion (either the beta emission criterion or the skin dose criterion).
Note: No numerical criteria (beta emission values or skin doses) have been established as examples for Severity Levels I and II.
Dated at Rockville, Maryland, this , 1990.
ulatory Co1TU1ission.