ML23153A024

PR-020 - 60FR20183 - Standards for Protection Against Radiation; Clarification

ML23153A024
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Issue date:	04/11/1995
From:	Milhoan J NRC/EDO
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PR-020, 60FR20183
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ADAMS Template: SECY-067 PR-020 - 60FR20183 - STANDARDS FOR PROTECTION AGAINST RADIATION; CLARIFICATION PR-020 60FR20183 RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete

STATUS OF RULEMAKING PROPOSED RULE:

PR-020 OPEN ITEM (Y/N) N RULE NAME:

STANDARDS FOR PROTECTION AGAINST RADIATION; CLARIFICATION PROPOSED RULE FED REG CITE:

PROPOSED RULE PUBLICATION DATE:

60FR20183 I

I NUMBER OF COMMENTS:

ORIGINAL DATE FOR COMMENTS:

I I

EXTENSION DATE:

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0 FINAL RULE FED. REG. CITE: 60FR20183 FINAL RULE PUBLICATION DATE: 04/25/95 NOTES ON: FINAL RULE; CLARIFICATION - REINSTATES REQUIREMENTS INADVERTENTLY STATUS

REMOVED BY FINAL RULE PUBLISHED ON 12/22/93 AT 58FR67657.

FRN OF RULE : SIGNED BY EDO.

FILE LOCATED ON Pl.

HISTORY OF THE RULE PART AFFECTED: PR-020 RULE TITLE:

STANDARDS FOR PROTECTION AGAINST RADIATION; CLARIFICATION PROPOSED RULE SECY PAPER:

PROPOSED RULE SRM DATE:

I I

DATE PROPOSED RULE SIGNED BY SECRETARY:

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FINAL RULE SECY PAPER:

FINAL RULE SRM DATE:

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DATE FINAL RULE SIGNED BY SECRETARY:

04/11/95 STAFF CONTACTS ON THE RULE CONTACTl: MARYL. THOMAS, RES CONTACT2: JAYNE M. MCCAUSLAND MAIL STOP: T9-C24 MAIL STOP: T9-C24 PHONE: 415-6230 PHONE: 415-6219

DOCKET NO. PR-020 (60FR20183)

DATE DOCKETED 08/14/95 DATE OF DOCUMENT 04/11/95 In the Matter of STANDARDS FOR PROTECTION AGAINST RADIATION; CLARIFICATION TITLE OR DESCRIPTION OF DOCUMENT FEDERAL REGISTER NOTICE: FINAL RULE; CLARIFICATION

DOCKET NUMBER*pg PROPOSED RULE o10

• DOCKE TED USNRC **.

(WFR.;Lo\'b3;

• 95 AUG 14 P 2 :O 0 NUCLEAR REGULATORY COMMISSION OFFICE OF SECRETARY 10 CFR Part 2!p)QCK[T ll::i SERVICE BRANCH RIN 3150-AA38 Standards for Protection Against Radiation; Clarification AGENCY:

Nuclear Regulatory Commission.

ACTION:

Final rule; clarification.

SUMMARY

A final rule was published in the Federal Register on

[7590-01-P]

December 22, 1993 (58 FR 67657) that made a number of conforming amendments to the NRC's standards for protection against radiation.

References to the former 10 CFR Part 20 were removed from the revised Part 20, and, in that process, certain requirements not intended to be removed were inadvertently deleted. This final rule reinstates those requirements to retain records generated under the previously existing provisions of Part 20 which were intended to remain in effect.

EFFECTIVE DATE:

Upon publication.

FOR FURTHER INFORMATION CONTACT:

Mary L. Thomas or Jayne M. McCausland, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-6230 or 415-6219, email MLTl@NRC.GOV or JMM2@NRC.GOV.

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SUPPLEMENTARY INFORMATION:

On May 21, 1991 (56 FR 23360), the Nuclear Regulatory Commission (NRC) published its revised standards for protection against radiation (10 CFR 20.1001 - 20.2401 and the associated appendices).

The revised standards for protection against radiation incorporated scientific information and reflected changes in the basic philosophy of radiation protection that had occurred since the promulgation of the original regulations.

The revisions conformed the Commission's regulations to the "Presidential Radiation Protection Guidance to Federal Agencies for Occupational Exposure" and to recommendations of national and international radiation protection organizations.

The revised standards for protection against radiation became effective on June 20, 1991.

~

However, NRC licensees were permitted to defer the mandatory implementation of these regulations until January 1, 1994.

On December 22, 1993 (58 FR 67657), the NRC published a final rule, effective on January 1, 1994, that removed or modified a number of provisions to reflect the effective date for NRC's revised standards for radiation protection.

It has been determined that several requirements, scheduled for removal or modification by the December 22, 1993 rulemaking, should not have been removed or modified because they have continuing effect beyond the January 1, 1994, effective date for 10 CFR Part 20.

Accordingly, the current action restores those requirements that were incorrectly modified or removed by the December 22, 1993, rulemaking.

Specifically, this action is necessary to clarify the Commission's intent in 10 CFR Part 20 to require that licensees continue to retain the following records until the Commission terminates the pertinent license:

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(1)

Records of surveys which wei2 required by the formerly applicable

§ 20.40l(c)(2)(i), (ii), and (iii), _such as *records of the results of surveys to determine the external radiation dose in the absence of personnel monitoring data to ensure compliance with NRC regulations concerning the concentrations of radioactive materials in air (formerly applicable 10 CFR 20 Appendix B), and records *of the r*esuits of surveys used to evaluate the -

release of radioactive effluents to the environment; (2)

Records used in the preparation of NRC Form 4, such as records of the individual's occupational exposure from former employers which were required by the formerly applicable§ 20.102(c)(2};

(3)

Waste shipment manifests and documentation of acknowledgement of receipt which were required by the formerly applicable§§ 20.3ll(d)(7),

(e)(5), (f)(8), and (g)(2);

(4)

Records of radiation monitoring which were required by the formerly applicable§ 20.40l(c)(l);

(5)

Records of disposal into sanitary sewers, by land burial, and other approved disposals which were required by the formerly applicable

§ 20.40l(c) (3).

2.

In addition, this action is necessary to correct the reference to "appendices A, B, C, D, or F to§§ 20.1001-20.2401" to read "appendices B, C, D, or F to part 20" in§ 20.120l(d) and (e), § 20.1204(c)(3-); (e)(i), and (h) (2), § 20.1302(b) (2)(i) and (c), § 20.1502(b) (1), § 20.1703(b)(l), (b) (2),

and (d), § 20.1704, § 20.1902(e), § 20.1905(a) and (b), § 20.1906(d),

§ 20.2003(a)(2) and (a)(3){i), § 20.2006(a), (b), (c), and (d),

§ 20.220l(a)(i), (a)(ii), and (b)(2)(ii), § 20.2203(d), and§ 20.2204.

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3.

To be consistent with the ALARA definition found in §20.1003, the word "practicable" is changed to read "practical" in§§ 20.1701, 20.1702, 20.1906(c), and Appendix F to Part 20.

4.

Finally, in Appendix C to 10 CFR Part 20, Quantities of licensed material requiring labeling, the quantity for Carbon-14 is corrected to read

100" rather than "1000." This change corrects a typographical error.

These amendments are corrective in nature, restore provisions inadvertently deleted in prior amendments, and correct reference and typographical errors found in the aforementioned sections of the revised 10 CFR Part 20 (December 22, 1993; 58 FR 67657).

Because the opportunity for public comment was previously provided for the changes which formed the basis for the December 22, 1993, amendments (May 21, 1991; 56 FR 23360 and August 26, 1992; 57 FR 38588), and because the proposed changes are minor corrective amendments, the NRC has determined that good cause exists to dispense with the notice and comment provisions of the Administrative Procedures Act (APA) pursuant to 5 U.S.C. 553(b)(B).

For the same reasons, the NRC has determined that good cause exists to waive the 30-day deferred effective date provisions of the APA (5 U.S.C. 553(d)).

Enforcement During the interim period from January 1, 1994 to the present, there has been no explicit requirement that licensees retain the five categories of records addressed in this rule that were required under the old Part 20.

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Therefore, a violation will not be cited in any case in which a licensee discarded the records during this period.

In the case of a licensee that_

retained any of the five categories of records but discards those records after the effective date of this rulemaking, a violation may be cited in accordance with the NRC Enforcement Policy.

Environmental Impact:

Categorical Exclusion The NRC has determined that this rule is the type of action described in categorical exclusion 51.22{c)(2).

Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.

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

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

Regulatory Analysis This final rule is administrative in that it reinstates provisions inadvertently removed from the text of an existing regulation and corrects errors found in the revised 10 CFR Part 20.

These amendments will not have a significant impact.

Therefore, the NRC has not prepared a separate regulatory analysis for this final rule.

The final regulatory analysis for the May 21, 5

1991, final rule examined the costs and benefits of the alternatives considered-by the Commission in developing the revised standards for protection against radiation and is available for inspection in the NRC Public Document Room, 2120 L Street, NW (Lower Level), Washington, DC 20037.

Backfit Analysis The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to this final rule and, therefore, that a backfit analysis is not required for this final rule because these amendments do not involve any provision that would impose backfits as defined in 10 CFR 50.109(a)(l).

List of Subjects 10 CFR Part 20 Byproduct material, Criminal penalties, Licensed material, Nuclear materials, Nuclear power plants and reactors, Occupational safety and health, Packaging and containers, Radiation protection, Reporting and recordkeeping requirements, Special nuclear material, Source material, Waste treatment and disposal.

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

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PART 20--STANDARDS FOR PRGTECTION AGAINST RADIATION

1.

The authority' citation for Part 20 continues to read as follows:

AUTHORITY:

Secs. 53, 63, 65, 81, 103, 104, 161, 182, 186, 68 Stat. 930, 933, 935, 936, 937, 948, 953, 955, as amended (2 U.S.C. 2073, 2093, 2095, 2111, 2133, 2134, 2201, 2232, 2236), secs. 201, as amended, 202, 206, 88 Stat.

1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).

§ 20.1201 [Amended]

2. In§ 20.1201, paragraphs (d) and (e) are amended by correcting the reference to "Appendix B to§§ 20.1001-20.2401" to read "Appendix B to Part 20.

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§ 20.1203 [Amended]

3.

Section 20.1203 is amended by correcting the reference to "Appendix B to§§ 20.1001-20.2401" to read "Appendix B to Part 20.

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§ 20.1204 [Amended]

4.

In§ 20.1204, paragraphs (c)(3), (e)(l), and (h)(2) are revised by correcting the reference to "Appendix B to§§ 20.1001-20.2401 11 to read "Appendix B to Part 20.

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§ 20.1302 [Amended]

5.

In§ 20.1302, paragraphs (b)(2)(i) and (c) are revised by correcting the reference to "Appendix B to§§ 20.1001-20.2401 11 to read "Appendix B to Part 20.

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§ 20.1502 [Amended]

6.

In§ 20.1502, paragraph (b)(l) is revised by correcting the.

reference to 11Appendix B to §§ 20.1001-20.2401 11 to read "Appendix B to Part 20.

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§ 20.1701 [Amended]

7.

Section 20.1701 is amended by deleting the word "practicable" and replacing it with the word "practical.

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§ 20.1702 [Amended]

8.

Section 20.1702 is amended by deleting the word "practicablell and replacing it with the word 11 practical.

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9.

In§ 20.1703, paragraph (b)(l), the introductory text of paragraph (b)(2), and paragraph (d) are revised to read as follows:

§ 20.1703 Use of individual respiratory protection equipment.

(b)

(1)

The licensee selects respiratory protection equipment that provides a protection factor (see Appendix A, Part 20) greater than the multiple by which peak concentrations of airborne radioactive materials in the working area are expected to exceed the values specified in Appendix B to Part 20, Table 1, column 3.

If the selection of a respiratory protection device with a protection factor greater than the multiple defined in the preceding sentence is inconsistent with the goal specified in§ 20.1702 of keeping the total effective dose equivalent ALARA, the licensee may select 8

respiratory protection equipment with a lower protection factor only if such a selection would result in keeping the total effective dose equivalent ALARA.

The concentration of radioactive material in the air that is inhaled when respirators are worn may be initially estimated by dividing the average concentration in air, during each period of uninterrupted use, by the protection factor.

If the exposure is later found to be greater than estimated, the corrected value must be used; if the exposure is later found to be less than estimated, the corrected value may be used.

(2)

The licensee shall obtain authorization from the Commission before assigning respiratory protection fact0rs in excess of those specified in Appendix A to Part 20.

The Commission may authorize a licensee to use higher protection factors on receipt of an application that (d)

The licensee shall notify, in writing, the Regional Administrator of the appropriate NRC Regional Office listed in Appendix D to Part 20 at least 30 days before the date that respiratory protection equipment is first used under the provisions of either§ 20.1703(a) or (b).

§ 20.1704 [Amended]

10.

The introductory paragraph of§ 20.1704 is amended by correcting the reference to "Appendix A to§§ 20.1001-20.2401" to read "Appendix A to Part 20.

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§ 20.1902 [Amended]

11.

In§ 20.1902, paragraph (e) is amended by correcting the reference to "Appendix C to §§ 20.1001-20.2401" to read "Appendix C to Part 20."

§ 20.1905 [Amended]

12.

In§ 20.1905, paragraph (a) is amended by correcting the reference to "Appendix C to§§ 20.1001-20.2401" to read "Appendix C Part 20" and paragraph (b) is amended by correcting the reference to "Appendix B to

§§ 20.1001-20.2401" to read "Appendix B to Part 20."

§ 20.1906 [Amended]

13.

In§ 20.1906, paragraph (c) is amended by deleting the word "practicable" and replacing it with the word "practical," and the introductory text of paragraph (d) is amended by correcting the reference to "Appendix D to

§§ 20.1001-20.2401" to read "Appendix D to Part 20."

§ 20.2003 [Amended]

14.

In§ 20.2003, paragraphs (a)(2) and (a)(3)(i) are amended by correcting the reference to "Appendix B to§§ 20.1001-20.2401" to read "Appendix B to Part 20."

§ 20.2006 [Amended]

15.

In§ 20.2006, paragraphs (a), (b}, (c}, and (d) are amended by correcting the reference to "Appendix F to§§ 20.1001-20.2401" to read "Appendix F to Part 20."

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16.

In§ 20.2103, paragraphs (b)(:i), (b)(2), (b)(3), and (b)(4) are amended to read as follows:

§20.2103 Records of survey:s.

(b)

( 1)

Records of the results of surveys to determine the dose from external sources and used, in the absence of or in combination with individual monitoring data, in the assessment of individual dose equivalents. This includes those records of results of surveys to determine the dose from external sources and used, in the absence of or in combination with individual monitoring data, in the assessment of individual dose equivalents required under the standards for protection against radiation in effect prior to January 1, 1994; and (2)

Records of the results of measurements and calculations used to determine individual intakes of radioactive material and used in the assessment of internal dose.

This includes those records of the results of measurements and calculations used to determine individual intakes of radioactive material and used in the assessment of internal dose required under the standards for protection against radiation in effect prior to January l, 1994; and (3)

Records showing the results of air sampling, surveys, and bioassays required pursuant to§ 20.1703(a)(3)(i) and (ii). This includes those records showing the results of air sampling, surveys, and bioassays required under the standards for protection against radiation in effect prior to January 1, 1994; and 11

(4)

Records of the results of medsurements and calculations used to evaluate the release of radioactive effluents to the environment.

This includes those records of the results of measurements ana calculations used to evaluate the release of radioactive effluents to the environment required under the standards for protection against radiation in effect prior to January 1, 1994.

17.

In§ 20.2104, paragraph (f) is amended to read as follows:

§ 20.2104 Determination of prior occupational dose.

(f) The licensee shall retain the records on NRC Form 4 or equivalent until the Commission terminates each pertinent license requiring this record.

The licensee shall retain records used in preparing NRC Form 4 for 3 years after the record is made.

This includes records required under the standards for protection against radiation in effect prior to January l, 1994.

18.

In§ 20.2106, paragraph (f) is amended to read as follows:

§ 20.2106 Records of individual monitoring results.

(f) The licensee shall retain the required form or record until the Commission terminates each pertinent license requiring this record.

This includes records required under the standards for protection against radiation in effect prior to January 1, 1994.

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19.

In§ 20.2108, paragraph (b) is amended to read as follows:

§ 20.2108 Records of waste disposal.

(b) The licensee shall retain the records required by paragraph (a) of this section until the Commission terminates each pertinent license requiring this record.

This includes records required under the standards for protection against radiation in effect prior to January l, 1994.

§ 20.2201 [Amended]

20.

In§ 20.2201, paragraphs (a)(i) and (a)(ii), are amended by correcting the reference to "Appendix C to§§ 20.1001-20.2401" to read "Appendix C to Part 20, and paragraph (b)(2)(ii) is amended by correcting the reference to "Appendix D to§§ 20.1001-20.2401" to read 11Appendix D to Part 20."

§ 20.2203 [Amended]

21.

In§ 20.2203, paragraph (d) is amended by correcting the reference to "Appendix D to§§ 20.1001-20.2401" to read "Appendix D to Part 20."

§ 20.2204 [Amended]

22.

Section 20.2204 is amended by correcting the reference to "Appendix D to§§ 20.1001-20.2401" to read "Appendix D to Part 20."

23.

In Appendix C, the quantity for Carbon-14 is amended as follows:

Appendix C to Part 20--Quantities of Licensed Material Requiring Labeling 13

Appendix C to Part 20--Quantities cif Licensed Material Requiring Label~ng Radionuclide Quantity (µCi)

Carbon-14.......................

100 Appendix F to part 20 [Amended]

24.

In Appendix F, paragraph I, Manifest is amended by deleting the word "practicable" and replacing it with the word "practical;" and paragraphs III(A)(7), (8)(5), (C)(8), and (0)(2) area amended to read as follows:

III. Control and Tracking (A)

(7)

Retain a copy of the manifest and documentation of acknowledgement of receipt as the record of transfer of licensed material as required by parts 30, 40, and 70 of this chapter. This includes those manifests and documents required under the standards for protectionagainst*radiation in.

effect prior to January l, 1994; and (B)

(5)

Retain a copy of the manifest and documentation of acknowledgement of receipt as the record of transfer of licensed material as required by parts 30, 40, and 70 of this chapter, and retain information from generator manifest until the license is terminated. This includes those manifests and documents of acknowledgement of receipt required under the standards for protection against radiation in effect prior to January 1, 1994; and 14

L (C)

(8)

Retain copies of original manifests and new manifests and documentation of acknowledgement of receipt as the record of transfer of licensed material as required by parts 30, 40, and 70 of this chapter. This includes those manifests and documents of acknowledgement of receipt required under the standards for protection against radiation in effect prior to January 1, 1994; and (D)

(2)

Maintain copies of all completed manifests or equivalent documentation until the license is terminated.

This includes those manifests or equivalent documents required under the standards for protection against radiation in effect prior to January 1, 1994; and Dated at Rockville*, Maryland, this 11th day of April 1995.

For the Nuclear Regulatory Commission.

• es L. Milhoan ting Executive Director for Operations 15