ML20128M332

Recommends Approval of Notice of Proposed Rulemaking 10CFR39 Re Well Logging Operations.Draft Notice,Ltr to Senator Simpson,Public Announcement,Regulatory Analysis,Environ Assessment & 850408 Fr Notice Encl

ML20128M332
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Issue date:	01/11/1985
From:	Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
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References
FRN-50FR13797, RULE-PR-19, RULE-PR-39, TASK-RINV, TASK-SE AB35-1, SECY-85-011, SECY-85-11, NUDOCS 8505310636
Download: ML20128M332 (109)

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' January 11, 1985 SECY-85-ll' For:- The Commissioners From: William J. Dircks Executive Director for Operations

Subject:

PROPOSED RULE ON LICENSES AND RADIATION SAFETY REQUIREMENTS FOR WELL-LOGGING OPERATIONS (NEW 10 CFR PART 39)

Purpose:

To obtain Commission approval of a notice of proposed rulemaking.

Background:

Licensed materials are used in the oil and gas industry to obtain information on the properties of underground formations. This technique involves lowering a sealed radioactive source, with an associated radiation. detector, into a well on a wire line. A log of the well is produced by recording the way in which radiation emitted from the source is reflected back from the underground formation to the detector. Americium-241 and Cesium-137 are most commonly used for this purpose. There are currently 173 NRC licensees and about 400 Agreement State licensees authorized to use radioactive materials in well-logging operations.

Except for irrettievable well-logging sources, current NRC regulations do not contain specific radiation safety re-quirements related to the use of licensed materials in well-logging operations. Moreover, except for the general safety requirements specified in 10 CFR Parts 20, 30, 40 and 70, these operations are regulated only through condi -

tions on each individual license imposed on a case-by-case.

. basis. This duplicates effort and may lead to discrepan-

.cies not only .in requirements among licenses issued by NRC Regional 0ffices but also between those issued by NRC and by the Agreement States.

Contact $

, Anthony N. Tse

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i - Recognizing the n'eed for comprehe'nsive and consistent radiation safety standards,-the Conference'of Radiation Control Program Directors established a task force in-1974c to developinecessary standards for well-loggingtoperations.

The' task-force was composed ef representatives from States,

-industry,~and Federal agencies,: including NRC. By 1981, a-

set of model regulations was_ proposed to the Conference by the task force andathe; Conference adopted the well-logging:

requirements as-Part W of the " Suggested State Regulations for Control-of Radiation."- Four Agreement States ~

'(Arkansas, Kentucky, Oregon, and-Texas) have already.

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adopted Part W requirements _as State regulations without' significant changes. Several otherjAgreement States are

.; considering adopting Part W requirements.-

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.' Discussion: - The staff-is proposing to amend the-NRC regulations to add l10 CFR Part 39, a new part dedicated exclusively'to well-logging operations. The proposed rule would:- (1)

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provide comprehensive and consistent regulations appli-cable to well-logging operations; (2) incorporate safety; I ,

requirements similar to Part W of the Suggested State Regulations; (3) include requirements, most of which are now contained in license conditions, designed to reduce the"

, / likelihood of_ incidents-involving the rupture of radio-active sealed sources and the spread of-radioactive.

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l contamination; and (4)' incorporate existing regulations on irretrievable well-logging sources now found in. Parts 30 and 70. A'new part is_' proposed because well- logging operations use. byproduct' material,-source material, and special nuclear. material. Thus, if these well-logging requir_ements.were not included,in one part, they;would'have

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to be duplicated .more or less, in Parts 30~and 70 as well as in Part 40.

This: action involves no niw resource requirements.

', Rdcommendations: That the Commission: ,

w' . 1._ , Approve the notice of proposed rulemaking (Enclosure f* .

.1) which would add 10 CFR Part'39 pertaining to -r Q s 4 radiation safety requirements in well-logging a:. ,

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2.. Certify that this rule, if adopted, will not have a significant economic impact upon a substantial number of small entities as required by the Regulatory Flexibility Act of 1980.

- 3. . Note.

a. The proposed rule will be published in the Federal Register and provide for a 90-day _ comment period-c b. The appropriate Congressional Committees will be informed-(Enclosure 2);

c. A public announcement will be issued (Enclosure 3);

d. The: staff has prepared a draft regulatory analysis (Enclosure 4). The analysis indicates that the economic impact to small entities would be small;

e. The staff has prepared a draft environmental impact assessment (Enclosure 5). The assessment-concludes that the pro)osed action would not significantly affect t1e quality of-the human environment;

'f. This proposed rule contains information collection requirements subject to the Paperwork Reduction Act of 1980 (44 USC 3501 et seq.).

This rule has been submitted to.the Office of Management and Budget for review and approval of the paperwork requirements;

g. The Chief Counsel for Advocacy of the Small Business Administration will be informed of the Certification regarding economic impact on small entities and the reasons for it as required by the Regulatory Flexibility Act;

h. Copies of the proposed rule will be distributed to affected and interested persons by the Office of Administration; and T

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- 1. Agreement States ~have been given a' draft'of the proposed r @ for_ review and comment and will be informed when the proposed rule'is; published.

The final rule would be'made a matter of compatability for Agreement States.

WilliamI.?/y i -Dircks -

Executive-Director for Operations g-

Enclosures:

41.-(Notice of-Proposed.Rulemaking

12. Draft Congressional Letter

, " 3. Draft _Public Announcement

(': 24."' Draft Regulatory Analysis

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l5. " Draft' Environmental Assessment m- .

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~ , Commissioners' comments or- consent .should be provided directly' ,f s - to the.-Office of the Secretary by c.o.b.' Wednesday, January 30,- .

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.,. Commission Staff Office comments, if any, should be submitted l<  ; 1 4

", eg;_ tol-the Commissioners NLT-Tuesday, January- 22,'1985, with an -

-information c'opy.ito the_ Office of the Secretary. .If.the paper.

ois of3such a: nature that it requires additional time'for analytical' review.'and comment, the Commissioners and the -

l -Secretariat should be' apprised of when comments may.be expected.

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ENCLOSURE 11

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NUCLEAR REGULATORY COMMISSION ~'/

10 CFR Parts 19, 20, 21, 30, 32, 39, 40, 51, 70, 71, and 150 Licenses and Radiation Safety Requirements for Well-Logging Operations

. AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

SUMMARY

The Nuclear Regulatory Commission is proposing a regulation that would specify radiation safety requirements for the use of licensed material in well-logging operations. The proposed regulation would provide: (1) comprehensive and consistent regulations applicable to well-logging operations by consolidating essential radiation safety requirements in a new Part 39, (2) uniform safety requirements in NRC and Agreement States regulations, and (3) safety requirements designed to reduce the likelihood of accidents involving the rupture of radio-active sources in well-logging operations.

DATE: Submit comments by (90 days after the publica-tion date). Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given except as to comments received on or before this date.

ADDRESS: Submit written comments to the Secretary of the Commission, p

U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention:

1 Enclosure 1

[7590-01]

Docketing and Service Branch. Copies of comments received on the pro-posed rule may be examined at the NRC Public Document Room, 1717 H Street NW, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Dr. Anthony N. Tse, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555,(301)443-7902.

SUPPLEMENTARY INFORMATION:

1. Introduction Uses of Licensed Material in Well-Logging Operations The oil and gas industry often needs to determine the types and characteristics of-the underground formations in a new or existing well.

Licensed materials are used to obtain informption on certain properties of an underground formation, such as type of rocks, porosity, hydrocarbon content, and density. Licensed materials are also used for similar' purposes in coal or mineral exploration.

In well-iogging, sealed radioactive sources with associated radia-tion detectors, known as logging tools, are lowered into a well on a wire-line. The depth of the well could range from several hundred. feet to greater than 30,000 feet. Information collected by the detectors is sent to the surface through the wireline and plotted on a chart as the logging tool is slowly raised from the bottom of the well. Americium-241 (typi-

.cally 0.25 curie to 20 curies) and cesium-137 (typically 2 to 3 curies) are the radioactive materials most frequently used for this purpose.

2 Enclosure 1

k [7590-01]-

In-subsurface tracer studies, a small atount of radioactive mate-rial in liquid or gaseous form is used. After-the liquid or gas tracer

.is injected into the well, a detector is used in the well to monitor the idispersion of_the tracer material. This:information will help determine

..certain underground characteristics'such as. fluid flow rate'and the

-channeling effect. Iodine-131 (typically.5 to 20 millicuries) is the-

. material most frequently used in subsurface tracer studies.

Other licensed materials used in well-logging operations = include cobalt-60 used in collar markers, radioactive iron-used in nails, depleted uranium used in' sinker bars, and iridium-192 used in sands. Collar markers use Co-60 wire (about I to 5 microcuries) to mark collars

-between two-sections of casing and provide positive depth measurement.

Radioactive iron nails are used to indicate locations of perforations.

~ Sinker bars are constructed of solid depleted uranium (usually weighing 50 to 100 pounds) and.are used to provide additional weight to help push-a light weight logging tool through the drilling fluid, called mud by;the drilling industry, down to the bottom of the well. Sands mixed with small amount of iridium-192 are used to determine the extent of under-ground hydraulic fracturing.

NRC and Agreement States' Roles Twenty-seven Agreement States, including most major oil producing _

States, have assumed responsibility for regulating cer_tain activities, including the use of radioactive materials a well-logging operations, by agreement with the NRC. Each Agreement State issues licenses to per-sons.who use radioactive material in well-logging operations in.the State.

3 Enclosure 1

h [7590-01].

~ The NRC' issues-licenses.to persons using radioactive' materials in-

[ ;well-logging operations in non-Agreement States. These licenses specify.

the radiation safety requirements applicable to well-logging operations

.-that;the-licensee must follow. The NRC has, as of November 1984,

-173 licensees authorized to.use radioactive materials in well-logging.

operations. The Agreement States have approximately 400 licensees involved in well-logging operations.

Well-logging licensees from one State frequently perform well-logging jobs in other States. To avoid duplication of licensing effort,

.NRC permits, under reciprocity, Agreement State licensees to operate in ,

, non-Agreement States according to the conditions of the license issued by their home State. Reciprocity also applies to licensees of the NRC that wish to operate in Agreement States as well as between the dif-iferent Agreement States. Therefore, compatibility between NRC regula--

tions and Agreement State regulations is essential to permit' licensees to conduct well-logging operations in various States while maintaining-a consistent and effective level of protection necessary to ensure public health and safety.

NRC's Current Regulatory Practices Except for requirements concerning the abandonment of irretrievable well-logging sources set forth in 10 CFR 30.56 and 70.60, current NRC regulations do not provide radiation safety requirements specific toLthe use of licensed material in well-logging operations. General safety' requirements, however, are contained in 10 CFR Parts 20, 30, 40, and 70.

At present, NRC reviews a licensee's specific safety program as part.of 4 Enclosure 1

[7590-01]

the license application, and incorporates the safety program into the

-license as license conditions.

Problems with the Current Practice A major problem wit.h the current practice is that radiation safety requirements applicable to the industry are specified as license condi-tions on a case-by-case basis rather than spelled out in uniform regula-tions that are applicable to all licensees. This requires duplication of effort and allows for discrepancies in requirements among specific licenses issued by NRC and the Agreement States. Problems in the con-sistent and uniform application of these requirements could become a greater concern because, under the NRC's program for the decentraliza-tion of material licensing actions, well-logging licenses are issued by the five NRC Regional Offices instead of NRC Headquarters.

Though there are about 50,000 well-logging operations each year, the probability of an accident is small. Nonetheless accidents have occurred and additional safety requirements are needed to reduce even further the likelihood of an. accident.

There were five incidents which occurred between August 1982 and September 1983 involving radioactive sources used in well-logging opera-tions. Three incidents involved the rupture of sources in uncontrolled workshop environments by workers performing machining or drilling opera-tions. Two incidents involved the rupture of sources in well holes during logging-tool recovery operations. The cost associated with the cleanup 5 Enclosure 1 I

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[7590-01]- i n

~ of -radioactive contamination from these incidents .is estimated to be in - l l eicesi of 1.5.'million dollars.

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Actions Taken by Agreement States Recognizing the'need for comprehensive and consistent radiation safety .stant'.ards, the -Conference of Radiation Control Program Directors established a task' force-in 1974=to' develop necessary standards for well-logging operations. -The task force was composed of representatives from

. States,Lindustry, and Federal' agencies, including NRC. By 1981, a set of model regulations was proposed to the Conference by the task force.

In keeping with previous practices of the organization, the Conference

= adopted the well.-logging requirements as Part W of the'." Suggested State Regulations for Control of Radiation." Four Agreement States (Arkansas, Kentucky, Oregon, and Texas) have already adopted Part W requirements 'as' State regulations without significant changes. -Several other Agreement States are considering adopting Part W requirements.

NRC's Proposed Approach The NRC is proposing to amend its regulations to. include specific radiation safety requirements for well-logging operations. .These require-ments are included in the proposed 10 CFR Part 39, a new part exclusively dedicated ^to well-logging operations.

The proposed rule is needed for the following reasons:

(1) The proposed rule would provide comprehensive and consistent regulations applicable to well-logging operations. Current 6 Enclosure 1

[7590-01]

NRC regulations do not provide specific requirements. Specific requirements pertaining to well-logging operations are imposed as licensing conditions.

(2) The proposed rule would incorporate requirements similar to Part W of the Suggested State Regulations. Four Agreement States have adopted Part W as State regulations and others are considering its adoption. Consistency between NRC and Agree-ment State regulations is essential for well-logging operations because many companies operate in both Agreement and Non-Agreement States.

(3) The proposed rule includes safety requirements designed to reduce the likelihood of incidents involving the rupture of radioactive sources and the spread of radioactive contamina-tion. These incidents may result from operations conducted to remove a stuck source from a well-logging device.or to retrieve a well-logging device lodged in a well.

(4) The proposed rule also includes safety requirements involving the use of radioactive collar markers, uranium sinker bars, and of a sealed source in a well without surface casing.

If these requirements are adopted as final regulations, NRC would encourage the Conference of Radiation Control Program Directors and the 7 Enclosure 1

[7590-01]

Agreement States to adopt similar requirements in order to achieve compatible regulations.

A new part (10 CFR Part 39), dedicated exclusively to well-logging operations ~, is proposed to specify the various safety requirements.

The proposed new part parallels the existing Part 34 which is dedicated' exclusively to radiographic operations. A new part is needed because these operations use byproduct material, source material, and special-nuclear material. If these safety requirements were not included in one part, they would have to be repeated in Parts 30 (byproduct material), 40 (source material) and 70 (special nuclear material). For instance, the existing regulation on irretrievable well-logging sources is repeated in Parts 30 and 70 for sources containing byproduct material and special nuclear material, respectively. Furthermore, if the safety requirements were fragmented throughout Parts 30, 40, and 70, licensees, NRC licensing reviewers, and NRC inspectors could have difficulty in determining the regulations applicable to a specific situation.

2. Discussion of the Proposed Rule The proposed Part 39 would prescribe specific safety requirements for well-logging operations that use licensed materials. General provi-sions in Parts 30, 40 and 70, such as renewal, amendment or termination l of licenses, would also be applicable to well-logging licensees. The following sections provide a discussion of the major provisions of the proposed Part 39.

8 Enclosure 1

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[7590-01]

)A. Agreement-with'Well Owner or Operator.

The proposed-ruleL($~39.15) would require that'a licensee (a well-H logging company) enter into a written agreement with a well owner or operator, whichever-engaged the licensee to perform the well-logging

' operations,-before the licensee could use sealed sources in well-logging.

The requirement.to enter.into a written agreement on abandonment proce-

-dures'for irretrievable well-logging sources was published as a final rule'in the Federal Register (10 CFR 30.56, 70.60, and 150.20) on August 29,:1983.(48 FR 39036). The proposed Part'39 has incorporated 7

'the existing requirement for an agreement and proposes to remove $$ 30.56 and 70.60 and to modify 8 150.20.

The proposed rule specifies the terms of this agreement. The well owner or operator would agree,~if a sealed source is. lodged in the~well,.

to: (1) make a reasonable effort.to recover the sealed source; (2) not permit specific types of recovery operations that could endanger the integrity of the sealed source; (3) not release contaminated equipment

- or areas, such as areas surrounding the well, for unrestricted use unless the equipment or the area has been decontaminated (Guidance on release of equipment.or areas for unrestricted use is available.on a case-by-case

. basis from the NRC staff. In general, limits for equipment are similar to those in Regulatory Guide 1.86, " Termination of Operating Licenses for i

Nuclear Reactors."); and (4) implement specified abandonnent procedures

- when a sealed source is deemed irretrievabl; The sealed source lodged in the well must be retrieved or properly abandaned to avoid possible source rupture by subsequent re-entry into the well.

This requirement is needed because the licensee (the well-logging company) may not have the legal authority or resources to recover a tool 9 Enclosure 1 T

[7590-01]

and.itsiseale'd source if it becomes lost in'a well. The well owner or operator controls the overall coordination of-' activities 'at the well.

When a tool containing alsealed source is lost in the well, the well l . owner or operator could engage a " fishing company" to recover it. The' fishing company is usually responsible directly to the well owner or

operator.- LThe lict.nsed well-logging company has no' legal right to direct or control the activity of the fishing company. Therefore, the contractual agreement between the licensee and the well owner or opera-tor is necessary to obligate the _well owner or operator to (1) recover

..the sealed ource in a safe _ manner, (2) properly abandon an irretrievable source,- 3) prevent release of_ contaminated equipment or areas until

.they have been decontaminated.

It should be noted that the NRC is making the licensee responsible

-for the sealed' source during well-logging until~the sealed source is removed from the temporary jobsite or the completion of the abandonment procedures, if the source is determined to be-irretrievable. Thus, NRC is making the licensee responsible for ensuring compliance with the regu-

'1ations orzfor pursuing every legal avenue, based on the written agree-ment, to achieve compliance. The written agreement could assign to the well owner or operator, under the supervision of the licensee in areas of radiation safety, the responsibility for carrying out the recovery l operations or abandonment procedures. However, the written agreement 7 could not transfer the possession of the sealed source from one party to another without specific NRC approval.

The Commission considered another approach to allocate responsibil-ity,among the various parties involved in the well-logging operations.

It would have provided a general license to the well owner or operator, t

10 Enclosure 1 L _.

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[7590-01]-

'whichever engaged the well-logging company. Under this approach,'NRC would have imposed the same safety requirements as would be contained in i

the written agreement directly on the party that had the authority to fulfill these requirements. This-alternative _was not pursued for the following reasons:

(1) Current industry practice, of having written agreements between licensees and well owners or operators, has worked satisfactorily for the last 20 years; (2) .The well-logging company is in a better position to handle radiological problems than the well owner or operator, unless the latter's personnel are also properly trained, which would be duplicative and costly; (3) Licensing well owners or operators, as well as well-loggers may create confusion about who is'responsibile for radiological safety when the sealed source enters or. leaves the the well.

The Commission is interested in comments on the costs, advantages and disavantages of the proposed approach and on the alternative.

B. Radiation Detection Instruments The proposed rule (S 39.33(a)) would require that a licensee have'a radiation survey instrument at each field station and at each temporary -

jobsite. These survey instruments are needed to perform routine radiation I surveys and to measure.for any potential radioactive contamination. Each 11 Enclosure 1 e

[7590-01]

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. isurvey. instrument.would-have to be capable of measuring 0.1 mil 11 roentgen

.;per hour through at least 100 milliroentgens per hour. The requirement ofl100 milliroentgens per hour is proposed because a licensee occasionally needs to define the boundaries of a high radiation area as' required by.

10 CFR 20.203(c)(2). A grandfather clause (for a period of 5 years) is

- provided for' existing s,urvey instruments capable of measuring 0.1 milli--

roentgen per hoJr through at least 20 milliroentgens per hour to reduce

the economic impact on licensees. A 5 year period is proposed because the average life-of a field-use survey instrument is estimated to be 5 years.

Although the required radiation survey instruments are adequate for routine radiation surveys, they are not designed to handle unlikely events such as the rupture of a sealed source resulting in low-level contamina-tion of americium-241 in the drilling fluid or rud. Therefore, the pro-posed rule would also require that a' licensee have available, when needed, radiation detectiori instruments:(for example, a high range survey meter or a sodium iodide crystal detector) that are capable of measuring radia-tion levels or contamination levels which could.be encountered during an accident. For example, before the' initiation of recovery of an americium-241 source from a well, the licensee would have to have an instrument present at the jobsite that.is sensitive enough to detect

- americium-241 contamination. Other types of accidents could also result in.high radiation levels; thus, a high range survey meter may be needed.

-The licensee could own the instrument or use a consulting service that

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has such an instrument.

A 6-month calibration interval would be-specified for each survey instrument. This interval is adequate, based on licensing experience, 12 Enclosure 1 a=

[7590-01]

to ensure the proper operation of the instrument and is consistent with practices presently required in well-logging licenses.

C. Leak Testing of Sealed Sources The proposed rule (S 39.35) would require that. sealed sources be leak tested at least every 6 months. Because these sources are subjected to rough handling and severe environmental conditions in a well, it is necessary that they maintain their integrity. A leaking sealed source, if_ undetected, could cause extensive radioactive contamination to the well, equipment, personnel, and environment. The leak test requirement is consistent with the current requirement for well-loggers and many other types of licensees.

Several exemptions are provided in the proposed rule to reduce the burden of leak testing on the industry. The sealed sources exempted from leak testing requirements are those that would present essentially no hazard to the public or the environment in the event of a leak because .

they contein either gaseous, short lived, or small quantities of radio-active materials.

D. Physical Inventory The proposed rule ($ 39.37) would require that a semi-annual physical inventory be made to account for sources of licensed material. This re-quirement is needed because the sources used in well-logging operations are frequently transported to and from temporary jobsites. An accurate account of each of the sources would ensure that no source has been lost.

The 6-month period is proposed because a licensee could conduct a physi-cal inventory and leak testing at the same time, thus, reducing its burdens.

13 Enclosure 1

[7590-01]

E. ' Design and Performance Criteria for Sealed Sources Design and performance criteria are proposed in S 39.41(a) for all sealed sounes except those containing gaseous licensed material.

These have been proposed as minimum requirements, and are the same (except for the pressure test) as the requirements for well-logging sources in industry standard ANSI N542, " Sealed Radioactive Sources, Classification,"

published by the National Bureau of Standards (NBS Handbook 126) in 1978.

However, sealed sources used in well-logging are subject to more severe environmental conditions, such as high pressure and high tempera-

-ture. Therefore, several additional requirements are proposed to provide further assurances that, under accident conditions, the source is unlikely to lose its integrity. These requirements would specify that each indi-vidual sealed source would have to (1) pass a pressure test (2) be doubly encapsulated; and (3) contain licensed material in chemical and physical forms which are as insoluble and nondispersible as practical (for example, cesium chloride would not satisfy this requirement because it is soluble in water). A singly encapsulated source has a greater chance of causing radioactive contamination than a doubly encapsulated source, and soluble or dispersible material from a ruptured source could cause more radioactive contamination than less soluble, less dispersible material. These require-ments would (1) phase out the use of substandard sources in well-logging, (2) result in less chance of source rupture in the well, and (3) reduce the consequence of contamination in the event of a rupture.

The proposed rule would require that a licensee not use a new sealed source manufactured after [1 year after the effective date of the final rule] unless it is designed and manufactured in accordance with proposed S 39.41(a). The 1 year grace period is proposed to provide sealed source 14 Enclosure 1

1

[7590-01]

manufacturers-sufficient time to produce sources complying with NRC's requirements.

Sealed sources manufactured before 7[1 year after the effective-date  ;

.of'theLfinal rule] could be used by a licensee until [2 years after the eff5ctivedateofthefinalrule]. After this 2 year period, however,

'.th'ese sources could no longer be used unless they were certified,.by the

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manufacturer or other testing orginization,' as having satisfie'd the requirements specified in:S 39.41(b).

Any source that could not meet the performance criteria proposed in S.39.41(b)'would have to be phased out of-well-logging. Most~ sealed sources manufactured after 1968 have complied with the ANSI Standard and there should not be a problem in their ability to comply with the' require -

' ments specified in S 39.41(b).

F.- Inspection, Maintenance, and Opening of. Source or Source Holder

- The proposed rule ($ 39.43(a)) would require that each licensee

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inspect equipment and tools for obvious defects before the equipment is

. used each day. Furthermore, paragraph (b) would require that each licensee inspect and maintain equipment and tools at invervals not-to exceed 6 months. The licensee would be required to check the equipment and tools for label legibility and for the absence of physical damage.

- If any equipment or tools critical to radiation safety were found to'be worn or damaged, paragraph (c) would require that the licensee remove them from service until repairs.were made.

Paragraph (d) of this section would prohibit the licensee from per-forming maintenance on a sealed source or a source holder containing a .

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source, unless the licensee has a written instruction approved by.NRC.

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This maintenance may include changing the 0-ring on the source holder containing a source or changing the sealed source from one source holder I-to another source holder. This requirement is needed because the worker is.very close to the. sealed source during this maintenance, and thus, could receive a significant radiation dose.

This section would also prohibit a licensee from forcing a stuck sealed source out of the source holder or out of the logging tool by operations that could endanger its integrity unless specifically author-ized by the NRC. Prohibited operations could include, but would not be limited to: drilling, cutting, or chiseling. These operations would be prohibited because they could accidently rupture the sealed source ard could cause radioactive contamination of the facility, personnel and environment. For similar reasons, a licensee would be prohibited from repairing, opening, or modifying a sealed source unless specifically authorized by NRC to perform these operations.

G. Subsurface Tracer Studies Radioactive materials in liquid or gaseous forms and other materials, such as sand labeled with radionuclides, are used as tracer materials in subsurface tracer studies. These materials could accidently spill on clothing, contaminate hands, be ingested, or, in the case of gaseous or volatile material, be inhaled by personnel. The proposed rule (S 39.45) would require that protective gloves, clothing, and other equipment be used by individuals who handle tracer materials. When volatile materials such as iodine-131 are handled, a bioassay could be required when indi-viduals work in field operations with more than 50 millicuries of I-125 or I-131. A licensee would also be required to maintain the temporary 16 Enclosure 1 1

[7590-01]-

jobsite and the field station fre'e from contamination from licensed t

materials.

In addition,-a licensee would not be allowed to inject any-licensed material into a fresh water aquifer as.part of a subsurface tracer study

'because the water could be used for human or animal consumption or to irrigate crops.

H. -Radioactive Markers The proposed. rule (S 39.47) would prohibit the use of radioactive markers (used for determining the depth of a well), unless the radioactiv-ity of each marker, at the time of installation, is less than the quantity specified'in S 30.71, Schedule 8. This limitation in the amount of radio-activity is necessary because'it is impracticable for the licensee that' installs the radioactive marker to recover the marker when the well owner or operator-removes the well casings from the well at.a later date.

I. Uranium Sinker Bars The proposed rule (S 39.49) would require that after [one year from effective data of the final rule] each uranium sinker bar (used as a-weight to pull a logging tool toward the bottom of a well) bear a legend:

" CAUTION-RADI0 ACTIVE-DEPLETED URANIUM" and " NOTIFY CIVIL AUTHORITIES (or COMPANY NAME) IF FOUND." This requirement is nee &d to ensure that, if a uranium sinker bar is lost, someone who finds the bar could identify it as radioactive and would return it to the company. (Because uranium is source material, the licensee must also comply, as necessary, with requirements in 10 CFR Part 40, " Domestic Licensing of Source Materials.")

17 Enclosure 1

~ . . .~ . . . -

, ~

n;' k n [7590-01]

.4 J. 'Use of Sealed Source in a Well Without Surface Casina ,

1, The_ proposed rule.(S 39.51)~would prohibit the use_of a sealed

-source in a well without surface. casing unless procedures for protecting

fresh water aquifer zones are specifically approved by NRC. -(A-surface w

"'+ ~ casing.is a pipe or tube used as lining in the well to isolate the fresh water zone from the well). The purpose of this requirement is to mini-mize the-possibility of contamination of fresh water aquifer zones by

. accidental rupture of a sealed source. In general, most wells have sur- .

face casings to prevent oil or other particulates from entering these  :

zones. However, .if surface casings cannot be placed, a licensee.may not use a scaled source in an uncased well, unless NRC has specifically_

approved the licensee's procedures for providing adequate protection of.

-the fresh water aquifer from' radioactive contamination. ,

~

~

Because most uncased wells are primarily encountered in mineral-logg-ing, licensees performing mineral logging operations may want to provide specific comments on this requirement, especially on the feasibility of protective alternatives.

K. Training Although general requirements on instruction and training are speci-fied in 10 CFR 19.12 and 30.33(a)(3), the proposed rule ($ 39.61) would establish specific training requirements for logging supervisors and logg-ing assistants. Licensees would be prohibited from permitting an indi-vidual to perform well-logging operations.unless the individual has been properly trained in accordance with the requirements specified in this section. Training.is needed to provide radiation workers'with sufficient knowledge and practical experience on radiation safety to ensure safe use 18 Enclosure 1 i__.____.-__._____-.___.__._ _._m._______ _ . _ _ _ . . _- _ _ _ . - _ _ _ _ _ _ _ _ _ _ _ - - . _ _ _ - _ _ _

_ ~ _ . _ . _ . . _ _ _ _ _ . _ _ _ _ _ _ _ _ _ . - _ _ _ - _ . _ _ _ . _ _ _ _ _ _ - . _ _ - _ _ - _ _ _ _ _ . . _ _ _ _ - _ _ _

[7590-01]

of licensed materials. The level of knowledge they would need would

-depend, of course, on their responsibilities.

For logging supervisors, the proposed rule would require, at a mini-mum,140 hours0.00162 days <br />0.0389 hours <br />2.314815e-4 weeks <br />5.327e-5 months <br /> of formal classroom training in the subjects listed under S39.61(e). Furthermore, it would require that an individual must have, at a minimum, 3 months of on-the-job training. This requirement is needed to ensure that a logging supervisor has sufficient practical experience on radiation safety procedures to handle routine operations and unanticipated emergencies in a safe manner.

Because logging assistants work under the personal supervision of a logging supervisor, their training requirements can be less stringent than those for the logging supervisors. The proposed rule would require that an assistant be instructed on applicable sections of Parts 19, 20, and 21, and on the licensee's operating and emergency procedures. It would also require that the individual be able to use remote tools, survey instru- ,

ments, etc., to perform work properly under the supervision of the logging supervisor.

The proposed rule would also require that logging supervisors and logging assistants be retrained annually after their initial training.

This periodic retraining is needed to: (1) refresh their understanding of basic radiation safety practices, (2) instruct them on any new proce-dures or on the use of new radiation detection instruments and new tools, and (3) review regulatory requirements or new regulations which may affect their work.

L. Operating and Emergency Procedures The proposed rule (S 39.63) would require that each licensee develop and follow written procedures for well-logging operations and for dealing 19 Enclosure 1

[7590-01]

with emergencies. These written procedures would also be used as:

(1) training materials for instructing logging supervisors and logging-assistants, (2) reference materials'at a field station and at a temporary jobsite, and (3) supporting documents in licensing applications.

M. Personnel' Monitoring and Radiation Surveys The proposed rule (S 39.65) would require that logging supervisors i and logging assistants wear personnel monitoring equipment at all times during the well-logging operation. The requirements in S 39.65(a), (b) and (c) are specific applications of the existing broader requirements in SS 20.108, 20.202, and 20.401, respectively. Triese requirements are repeated in this part because they constitute key features of a radiation protection program.

Similarily, the proposed rule (S 39.67) would also require that the licensee conduct radiation surveys. This requirement is a specific appli-cation of the existing broader requirement in S 20.201, " Surveys." Instead of the 2 years retenti m for survey records as specified in S 20.401,'a 3 year retention period is proposed because the NRC inspection period is every 3 years for well-logging licensees.

If gaseous or volatile tracer materials are used, the licensee may be required to provide bioassay service to individuals handling the tracer materials (S 39.65(b)). Whether a bioassay is needed depends on the type of radioactive materials and quantity used. For example, Regu-latory Guide 8.20, " Applications of Bioassay for I-125 and I-131," states that bioassays should be performed when individuals work in field opera-tions with more than 50 millicuries of I-125 or I-131.

20 Enclosure 1

p.~~_ I g.

s

[7590-01]

N.  : Contamination Control The proposed rule (9 39.69) would require that licensees monitor for m

L radioactive contaminattun during fishing or source recovery operations, 4

initiate emergency procedures if a sealed source ruptures, and decontami-4

nate any equipment, personnel' or environment that is contaminated.

, This requirement .is needed to assure that any rupture of:a sealed ' source in a

, well.during a fishing operation is detected and reported and that emer--

g

'gency procedurcs are initiated. 'Also, paragraph (c) would. require that .

the-licensee decontaminate any contaminated equipment, areas, or personnel.

Guidance on release of equipment'or areas for unrestricted use is avail-

[_ able case-by-case from the NRC. In general, limits.similar to those in

~

. -Regulatory Guide 1.86 should be met. The licensee may perform the decon-f tamination or use a contracting or consulting service to perform it.

1 These requirements are important to avoid the passibility of unnecessary wide-spread contamination if a sealed source is ruptured. The monitoring would detect contami stion from a source rupture and the initiation of 4 emergency procedures would limit the spread of contamination. Further- ,

more, decontamination would prevent contaminated objects from leaving the site and thus further prevent wide-spread contamination to public areas.

c p 0. Security p The proposed rule (S 39.71) would require that the licensee main-

tain surveillance and control of the jobsite's restricted areas (as defined'in Part 20) and prevent unauthorized personnel, such as employees

, of an. oil company or drilling company, from entering a restricted area.

4 This requirement is needed to avoid the inadvertent exposure of these

' personnel to radiation. ,

21' Enclosure 1 i

_ , , , . , ~ . . , , . , _ , - . , . , _ . - - -....,..- _ ..__.,--......~ _.._ ._-.-. _ .,_ ~ .,,---.._ _ _.. -.-...____ _----

p1

~~

j

~[7590-01]

P. Documents and Records Required at Field' Stations and Temporary Jobsites Th'e proposed rule ($$ 39.73 and 39.75) would require that certain

- documents and records be kept at a field station or'a temporary jobsite.

- These records are needed so that operating personnel can have easy access to'the documents'they need to perform the job, to follow'any operational-restrictions,~or.to use emergency precedures if an accident occurs.

- Records.of radiation surveys,Jinstrument calibrations, sealed source leak-tests, etc., are needed for the licercee to make safety checks or to check schedules for maintenance. The recordkeeping requirement would also enable

.c_ NRC inspectors to determine whether the requirements have been met.

Q. Notification of Incidents and Lost Sources and Abandonment Procedures for Irretrievabla Sources The proposed rule (S 39.77(a)) would require, .in addition to general reporting requirements in Part 20, immediate notification if (1) licensed material has been lost in or near freshwater aquifers or (2) a sealed-source has been ruptured at the licensee's facility or temporary jobsite.

This requirement is needed because these conditions could :ause radio-active contamination.

Paragraph-(b) would also require that the licensee ~ notify NRC of-incidents and lost sources. (This does not include loss of a sealed

~

t source lodged in a well because it-is covered by paragraph (c) of this-e l' section). The requirements are presently contained in a more general i

j' form in SS 20.402, 20.403, and 20.405 and are repeated in specific form for the sake of completeness.

4 22 Enclosure 1 i

~,,-.v-e w ,m , a m .e m -

[7590-01]-

-' ~

-Paragraphs (c) and_(d) consolidate the existing. regulations, 10 CFR 30.56 and 70.60, on. irretrievable wel1-logging sources into one section in~Part 39. The consolidation would be beneficial because it would put

~

all requirements for well-logging operations in a single part. The prop'osed text is essentially the'same as the existing text under SS 30.56 and 70.60, which would be deleted.

R .' ' Application for-. Exemption The proposed. rule'(S'39.91)'would permit a-licensee to apply for an exemption from;the requirements in this part. This-.section-is needed' to' allow NRC to judge on a case-by-case basis whether certain requirements:

can be waived if if determines that the exemption will not result in undue hazard to life or property.

3. Summary The Commission ~ believes that the proposed rule, if adopted, would'

~ provide-a comprehensive and consistent set of regulations that help maintai.n compatibility between NRC's and Agreement State's regulations.

Furthermore, the proposed rule would also establish additfora1 require-ments that would reduce the potential-for.and severity of an accident.

The Commission.siso believes that the economic impact of the rule would be small. The economic impact is analyzed in detail in a draft regula-tory analysis prepared on this proposed rule.

Interested. persons are encouraged to comment on the proposed rule, on-its impact.on the public and the industry, and on the draft regulatory analysis.

23 Enclosure 1

[7590-01]

FINDING 0F NO SIGNIFICANT ENVIRONMENTAL IMPACT: AVAILAB' CITY I

The Commission has determined under the National Environmental Policy Act of 1969, as amended, and the Commission's regulations in Subpart A of 10 CFR Part 51, that this rule, if adopted, would not be a major Federal action significantly affecting the quality of the human environment and therefore an environmental impact statement is not required. This rule would not significantly affect the quality of the human environment because the proposed requirements are designed to control the use of licensed materials in well-logging operations. On the other hand, these requirements, if adopted, would reduce occupational radiation exposures and would also reduce the chances for and consequences of accidents involving licensed materials. Futhermore, most of these requirements are already being complied with by licensees as licensing conditions. Therefore the proposed rule would have no measurable nega-tive environmental impact. The environment assessment and finding of no significant impact on which this determination is based are available for

' inspection at the NRC Public Document Room, 1717 H Street NW, Washington, DC. Single copies of the environmental assessment and finding of no significant impact are available from Dr. Anthony N. Tse, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555 (301-443-7902).

PAPERWORK REDUCTION ACT STATEMENT This proposed rule contains new information collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 24 Enclosure 1 1

[7590-01]

et seq.). It has been submitted to the Office of Management and Budget.

for review and. approval of the paperwork' requirements.

REGULATORY ANALYSIS The Commission has prepared a draft regulatory analysis on this pro-fposed regulation. The analysis examines the costs and benefits.of the alternatives considered by the Commission. The draft analysis is. avail-

~

able for inspection in the NRC Public Document Room, 1717 H Street, NW,1 Washington, DC. Single copies of the analysis may be obtained from Dr. Anthony N. Tse, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555 (301-443-7902).

The Commission requests public comment on the draft analysis.

Comments on the draft analysis may be submitted to the NRC as indicated under the ADDRESSES heading.

REGULATORY FLEXIBILITY CERTIFICATION As required by the Regulatory Flexibility Act of 1980, 5 U.S.C.

605(b), the Commission certifies that this rule, if adopted, will not have a significant economic impact'upon a substantial number of small entities. The proposed rule would provide radiation safety requirements, uniformity in the NRC and Agreement States regulations, and requirements that would~ reduce the frequency of accidents involving radiation or radioactive materials. The proposed rule affects about 174 specific licensees of which approximately 60% are small entities based on the size standards of the Small Business Administration set out in 13 CFR 25 Enclosure 1

_ -. . .. . . .-. ~ - -. .. _ - - - . . -

I

[7590-01]

Part 121'(February 9,'1984, 49 FR 5024). These licenses are issued to companies performing well-logging operations.

The Commission estimates that the total cost of compliance with the requirements contained in this= proposed regulation would be approximately.

$7,400 a year for an average well-logging licensee. However, many well-logging. licensees'are already complying with most of these requirements because the requirements are c~urrently imposed as conditions of the license under whicn they operate. Therefore, the actual increase in the compliance cost to most licensees would be considerably smaller. The cost to an Laverage well-logging licensee for those requirements not already imposed under a license condition would be approximately $2,000 a. year.

The Commission d:es not believe that this regulation would impose a significant' economic impact on most licensees. A detailed analysis of the cost of each individual requirement imposed by the regulation appears in the Regulatory Analysis prepared for this action. The Commission is ,

, particularly iriterested in receiving comment from well-logging licensees on the cost estimates contained in the Regulatory Analysis and on the assumptions on which these estimates are based. The Commission is also interested in receiving comment from small licensees about the potential impact of the proposed regulation and the resultant cost of these require-ments on their operations.

Any small entity subject to this regulation which determines that, because of its size, it is likely to bear a disporportionate adverse economic impact should notify the Commission of this in a comment that-

' indicates the following:

e 26 Enclosure 1

_~ _ ,,,_.w ...--.<-.m---,----- r-<

[7590-01]

(a) The licensee's size in terms of annual income or revenue, number of employees, number of well-logging trucks, and average number of wells logged or serviced annually;

~

_ .(b) How the proposed regulation would result in a significtnt econoinic burden upon the licensee as compared to that on a larger

~

licensee; and '

(c) How the proposed regulations could be modified to take into account the licensee's differing needs or capabilities.

LIST OF SUBJECTS IN N CFR

~

PARTS 19, 20, 21, 30, 32, 39, 40, 61, 70, 71, 150 Part 19 - Environmental protection, Nuclear materials, Nuclear power plants and reactors, Occupational safety and health, Penalty, Radiation protection, Reporting and recordkeeping requirements, Sex discrimination.

Part 20 - Byproduct material, Licensed material, Nuclear materials, Nuclear power plants and reactors, Occupational safety and health, Packag-

.ing and containers, Penalty, Radiation protection, Reporting and record-keeping requirements, Special nuclear material, Source material, Waste treatment and disposal.

Part 21 - Nuclear powt.r plants and reactors, Penalty, Radiation protection, Reporting and recordkeeping requirements.

Part 30 - Byproduct material, Government ::ontracts, Intergovernmental relations, Isotopes, Nuclear materials, Penalty, Radiation protection, Reporting and recordkeeping requirements.

Part 32 - Byproduct material, Labeling, Nuclear materials, Penalty, Radiation protection, Reporting and recordkeeping requirements.

27 Enclosure 1 a

[7590-01]

Part 39 - Byproduct material, Nuclear material, Oil and gas  ;

exploration - well logging, Penalty, Reporting and recordkeeping require--

ments,' Scientific equipment, Security measures, Source material, Special nuclear ~ material.

Part 40 - Government contracts, Hazardous materials-transportation, Nuclear materials, Penalty, Reporting and recordkeeping requirements, Source material, Uranium.

Part 51 - Administrative practice and procedure, Environ.nental impact statement, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements.

Part 70 - Hazardous materials - transportation, Nuclear materials, Packaging and containers, Penalty, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Security measures, Special nuclear material.

Part 73 - Hazardous materials - transportation, Nuclear materials, Packaging and containers, Penalty, Reporting and recordkeeping requirements.

Part 150 - Hazardous materials - transportation, Intergovernmental relations, Nuclear materials, Penalty, Reporting and recordkeeping require-ments, Security measures, Source material, Special Nuclear material.

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. 553, the NRC is proposing to adopt 10 CFR Part 39.

28 Enclosure 1

[7590-01]

1. Part 39 is added to:10 CFR Chapter I to read as follows:

L PART'39--LICENSES AND RADIATION SAFETY REQUIREMENTS FOR WELL-LOGGING OPERATIONS SUBPART A - GENERAL PROVISIONS Sec.

39.1 Purpose and scope.

39.2 Definitions.

39.5 Interpretations.

39.8 Information collection requirements: OMB approval.

SUBPART B - SPECIFIC LICENSING REQUIREMENTS 39.11 Appitcation for a specific license.

39.13 Specific licenses for well-logging operations.

39.15 Requirement for an agreement with well owner or operator.

39.17 Request for written statements.

SUBPART C - EQUIPMENT CONTROL 39.31 Labels, security and transportation precautions.

39.33 Radiation detection instruments.

39.35 Leak testing of sealed sources.

39.37 Physical inventory.  ;

29 Enclosure 1

m I e

[7590-01],

s

^ 39.39 ~ Utilization records.

39.41 Design and performance criteria for sealed sources.

39.43 Inspection, maintenance, and opening of a source or source

~

~- hol der.

~

39.45 SubsurfaceLt racer studies.

39.47 Radioactive markers.

39.49 Uranium sinker bars.

39.51 Use of a sealed source in a well without surface casing.

SUBPART D - RADIATION SAFETY REQUIREMENTS

- 39.61' Training.

39.63 Operating and emergency procedures.

39.65 Fersonnel monitoring.

39.67 Radiation surveys.

39.69 Radioactive contamination control.

SUBPART E - SECURITY, RECORDS, NOTIFICATIONS 39.71 Security.

39.73 Documents and records required at field stations.

39.75 Documents and records required at temporary jobsites.

39.77 Notification of incidents and lost sources; abandonment procedures-for irretrievable sources.

i-l

l. 30 Enclosure 1 i

t

e- -

-[7590-01]

SUBPART F - EXEMPTIONS r b 39.91 Applications for exemptions.

SUBPART G - ENFORCEMENT 39.101 Violations.

l AUTHORITY: Sections 53, 57, 62, 63, 65, 69, 81, 82, 161, 182, 183, 186, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2092, 2093, 2095, 2099, 2111, 2112, 2201, 2232, 2236, 2282); secs. 201, as amended, 202, 206, 88 Stat.

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

For purposes of sec. 223, 68 Stat. 95E as amended (42 U.S.C. 2273);

SS 39.15, 39.31-39.51, 39.61-39.77 are issued under sec. 161b, 68 Stat.

948, as amended (42 U.S.C. 2201(b)); and Ss 39.15, 39.33-39.43, 39.61-

- 39.67, 39.73-39.77 are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).

i-l i

l l 31 Enclosure 1 L -- _- - _ - - - - - - - - - - - - - - - - - - _ - - - -

w -:

.[7590-01]

i SUBPART A - GENERAL ~PR'0 VISIONS L

!! -6 39.1 Purpose'and scope.

-(a) 'This part prescribes requirements for the issuance of a license

~

authorizing the use of licensed materials including sealed sources, radio-

. active tracers, radioactive markers, and uranium sinker bars, in well--

logging operations in a single well. This part also prescribes radiation safety requirements for persons using licensed materials in these opera-tions. The provisions and requirements of this part are in addition to, and not in substitution for, other requirements of this chapter. In parti--

cular, the provisions of Parts 19, 20, 21, 30, 40, 70, 71, and 150 of this chapter apply to applicants and licensees subject to this part.

.(b) The requirements set out in this part do not apply to tne issu-

.ance of a license authorizing the use of licensed material in tracer studies-involving multiple wells, e.g., field flooding studies.

S 39.2- Definitions.

" Casing" means a metal pipe or tube used as a lining for oil or gas wells to prevent collapse of the well-bore.

" Field station" means a facility where licensed material may be stored or used and from which equipment is dispatched to temporary jobsites.

" Fresh water aquifer," for the purpose of this part, means a geo-logical formation that is capable of yielding a significant amount of l

L fresh water to a well or spring.

" Injection tool" means a device used for controlled subsurface injection of radioactive tracer material.

1 -

32 Enclosure 1

m-

[7590-01]

" Irretrievable well-logging source" means any sealed source con-taining licensed material that is pulled off or not connected to the wireline that suspends the source in the.well and for which all reason-able effort at recovery has'been expended.

" Licensed material" means byproduct material, source material, or special nuclear material received, possessed, used, or transferred under a license issued by the Commission under the regulations in this chapter.

" Logging assistant" means an individual who assists the logging supervisor in performing the well-logging operations.

" Logging supervisor" means an individual who provides personal supervision of the use. of licensed material at the temporary jobsite and who is responsible to the licensee for assuring compliance with the requirements of the Commission's regulations and the conditions of the license.

" Logging tool" means a device used subsurface to perform well-logging.

" Mineral logging" means any logging performed for the purpose of mineral exploration other than oil or gas.

" Personal supervision" means guidance and instruction by a logging supervisor who is physically present at the temporary jobsite and in such proximity that personal contact with the logging assistants is maintained and that immediate assistance can be given.

" Radioactive marker" means licensed material used for the purpose of depth determination or direction orientation. This term includes radioactive collar markers and radioactive iron nails.

" Sealed source" means any licensed material that is encased in a capsule designed to prevent leakage or escape of the radioactive material.

33 Enclosure 1

[7590-01]

" Source holder" means a housing or assembly into which a sealed source is placed for the purpose of facilitating the handling and use of the source in well-logging operations.

" Subsurface tracer study" means, for the purpose of this part, the release of unsealed licensed material or a substance labeled with licensed material in a single well for the purpose of tracing the move-ment or position of the material or substance in the well-bore or adjacent formation (this term does not include the use of licensed mate-erial in field flooding studies).

" Surface casing" means a pipe or tube used as a lining in a well to isolate the fresh water zone from the well.

" Temporary jobsite" means a place to which licensed materials are dispatched to perform well-logging operations or subsurface tracer studies.

" Uranium sinker bar," for the purpose of this part, means a weight containing depleted uranium used for the purpose of providing additional force to pull a logging tool down toward the bottom of a well.

"Well-bore" means a drilled hole in which well-logging operations and subsurface tracer studies are performed.

"Well-logging" or " wireline service operation," for the purpose of this part, means the lowering and raising of measuring devices or tools which contain licensed material into well-bores or cavities for the purpose of obtaining information about the well or adjacent forma-tions which may be used in oil, gas, mineral, or geological exploration.

"Well-logging operation" means any activity involving Ifcensed material performed in a well, including well-logging, mineral logging, 34 Enclosure 1

, -[7590-01]

subsurface tracer studies, use of radioactive markers, radioactive iron nails, uranium sinker bars, and radioactive sands.

" Wireline">means a cable containing one or more electrical conduc-tors.which is used to' lower and raise logging tools in the well-bore.

.6 39.5 Interpretations Except as specifically authorized by the Commission in writing, no interpretation of the meaning of the regulations in this part by any-officer or employee of the Commission other than a written interpreta-tion by the General Counsel will be recognized to be binding upon the i Commission.

S 39.8 -Information collection requirements: OMB approval.

(a) The Nuclear Regulatory Commission has submitted the informa-l tion collection requirements contained in this part to the Office of Management and Budget (OMB) for approval as required by the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). OMB has approved the  :

information collection requirements contained in this part under con-trol number 3150- .

(b) The approved information collection requirements contained in l

this part app' ear in $$ 39.11, 39.13, 39.15, 39.31, 39.33, 39.35, 39.37, 39.39, 39.41, 39.43, 29.49, 39.61, 39.65, 39.67, 39.73, 39.75,. I and 39.77, i l-l ..

6 i

35 Enclosure 1 I l

m________._.______________________________

[ [7590-01]

SUBPART B - SPECIFIC LICENSINC REQUIREMENTS S 39.11 Application for a specific license.

l l

A person,'as defined in S 30.4(k) of this chapter, shall file an application for a specific license authorizing the use of licensed mate-

-rial in well-logging operations on Form NRC 313, " Application for Mate-rial License." Each application for a license, other than a license exempted from Part 170 of this chapter, must be accompanied by the fee prescribed in S 170.31 of this chapter. The application must be sent to the appropriate NRC Regional Office listed in Appendix D of Part 20 of this chapter.

S 39.13 Specific licenses for well-logging operations.

. The Commission will approve an application for a specific license j for the use of licensed material in well-logging operations if the applicant meets the following requirements

(a) The applicant shall satisfy the general requirements specified in S 30.33 of this chapter for byproduct material, in 8i40.32 of this chapter for source material,.and in S 70.33 of this chapter for special nuclear material, as appropriate, and any special requirements contained in this part.

(b) The applicant shall develop a program for training logging supervisors and logging assistants and submit to the Commission a sched-ule or description of this program which specifies the--

(1) Initial training; l

i (2) Annual retraining; i (3) On-the-job training; 36 Enclosure 1 i - - - - _ _ _ _ _ - - - - - - . - - _ - - _ _ _ _ _

[7590-01]

(4) Means the applicant will use, including a copy of the written test, to demonstrate the logging supervisor's knowledge and understanding of and ability to comply with the Comission's regulations and licensing requirements, and the applicant's operating and emergency procedures; and (5) Means the applicant will use, including a copy of the written test or an outline of the oral test, to demonstrate the logging assistant's knowledge and understanding of and ability to comply with, the applicant's operating and emergency procedures.

(c) The applicant shall establish and submit to the Commission a written operating and emergency procedures as described in S 39.63.

(d) The applicant shall establish and submit to the Commission a program for annual internal inspections of the performance of each log-ging supervisor and assistant to ensure that the Commission's regulations, license requirements, and the applicant's operating and emergency proce-dures are followed by these personnel. Inspection records must be retained for 3 years after each annual internal inspection.

(e) The applicant shall submit a description of its overall organi-I zational structure pertaining to the well-logging operations, including specified delegations of authority and responsibility.

(f) (1) If the applicant wants to conduct and evaluate its own leak tests, it shall establish procedures to be followed in leak testing sealed sources for possible leakage and contamination and submit a description of these procedures to the Commission. The description must include the--

l (i) Instrumentation to be used; i (ii) Method of performing test; and i (iii) Pertinent experience of the person who will perform the test.

i l 37 Enclosure 1

[7590-01]'

(2) _If an_' applicant wants to use a leak" test kit, it shall identify the manufacturer and the model number of the kit.

$ 39.15 Requirement for an agreement with well owner or operator.

(a) A licensee -shall not_ perfor.n well-logging with a sealed ' source

, _unless it executes a written agreement with the well owner or operator, whichever engaged the licensee to perform the well-logging operation.

The licensee shall retain a copy of the written agreement for 3 years after the completion of the well-logging operation.

(b) This written agreement must specify that:

(1) If a sealed source becomes lodged in the well, a reasonable effort will be made to recover it; (2). A person may not attempt to recover a sealed source in L manner which, in the licensee's opinion, could result in its rupture; l

-(3) If the environment or if any equipment or personnel are contami-nated with licensed material, they must be decontaminated before release from the site or release'for unrestricted use; and (4) If, after reasonable efforts at recovery have been expended, the sealed-source is classified as irretrievable, the following require-ments must be implemented within 30 days after a sealed source is classi-fled as irretrievable:

(1) Each irretrievable well-logging source must be immobilized and sealed in place with a cement plug; (ii) A whipstock or other deflection device must be set at some point in the well above the cement plug, unless the cement plug and source are not accessible to any subsequent drilling operations; and 38 Enclosure 1

[7590-01]

(iii) A permanent identification plaque, constructed of long lasting material such as stainless steel, brass, bronze, or monel, must be mounted at the surface of the well, unless the mounting of the plaque -is not practical. The size of the plaque must be at least 7-inches square and 1/8-inch thick. The plaque must contain--

(A) The word " CAUTION";

(B) The radiation symbol (the color requirement in S 20.203 of this chapter need not be met);

(C) The date the source was abandoned; '

(D) The name of the well owner or well operator, es appropriate; (E) The well name and well identification number (s) or other decignation; (F) An identification of the sealed source (s) by radionuclide and quantity; (G) The depth of the source and depth to the top of the plug; and (H) An appropriate warning such as "D0 NOT RE-ENTER THIS WELL."

(c) A licensee may apply under 6 39.91 for Commission case-by-c ue approval of proposed procedures to abandon an irretrievable well-logging source in a manner not otherwise authorized in paragraph (b)(4) of this section.

S 39.17 Request for written statements.

Each license is deemed to contain the condition that the licensee will, at any time before expiration of the license, upon the Commission's request, submit written statements, signed under oath or affirmation, to enable the Commission to determine whether or not the license should be modified, suspended, or revoked.

39 Enclosure 1

[7590-01]

SUBPART C - EQUIPMENT CONTROL S 39.31 Labels,-security and transportation precautions.

(a) Labels.

(1) The licensee may not use a source, source holder, or logging tool containing licensed material unless it bears a durable, legible, and clearly visible marking or label. The label must contain the radiation symbol specified in S 20.203 of this chapter, without the conventional color requirements, and the wording " DANGER (or CAUTION) RADI0 ACTIVE MATERIAL." The label must be on the smallest component that contains the licensed material transported as a separate piece of equipment.

(2) The licensee may not use a storage or transport container to store or transport licensed material unless it has permanently attached to it a durable, legible, and clearly visible label. The label must contain the radiation symbol, in conventional colors, and the wording

" CAUTION (or DANGER), RADI0 ACTIVE MATERIAL, NOTIFY CIVIL AUTHORITIES (or NAME OF COMPANY)."

(b) Security prccautions during storage and transportation.

(1) The licensee shall store each source containing licensed mate-rial in a storage container or transportation package. The container or package must be locked and physically secured to prevent tampering or removal of licensed material from storage by unauthorized personnel. The licensee shall store licensed material in a manner which will minimize danger from explosion or fire.

(2) The licensee shall lock and physically secure the transport pack-age containing licensed material to the transporting vehicle to prevent l

40 Enclosure 1

[7590-01]

accidental loss, tampering, or uncuthorized removal of the licensed mate-rial from the vehicle.

(c) Transportation precautions.

The licensee shall comply with the applicable provisions of the transportation regulations prescribed in Part 71 of this chapter. (Trans-portation of radioactive materials are also subject to the Department of Transportation's regulations in 49 CFR Parts 171 through 178 which include provisions for proper packaging, marking and labeling, placarding of_ the transport vehicle, monitoring, accident reporting and for shipping papers.)

S 39.33 Radiation detection instruments.

(a) The licensee shall keep a calibrated and operable radiation survey instrument at each field station and temporary jobsite to make the radiation surveys that are required by this part and by Part 20 of this chapter. To satisfy this requirement, the radiation survey instru-ment must be capable of measuring 0.1 milliroentgen per hour through at least 100 milliroentgens per hour. Survey instruments acquired before

[one year after the effective date] and capable of measuring 0.1 milli-roentgen per hour through at least 20 milliroentgens per hour also satisfy this requirement until [5 years after the effective date].

(b) The licensee shall have available additional calibrated and operable radiation detection instruments capable of detecting radiation and contamination levels that could be encountered during well-logging operations or in the event of an accident. The licensee may own the L instruments or may arrange to obtain them from a second party.

(c) The licensee shall have each rediation survey instrument required under (a) of this section calibrated--

41 Enclosure 1

[7590-01]

(1) At intervals not to exceed 6 months and after instrument servicing; (2) At two points located approximately 1/3 and 2/3 of full scale on each scale (for logarithmic scale, at mid range of each decade, and at two points of at least one decade); and (3) So that accuracy within plus or minus 20 percent of the true radiation level can be demonstrated on each scale.

(d) The licensee shall maintain calibration records for a period of 3 years after the date of calibration for inspection by the Commission.

S 39.35 Leak testing of sealed sources.

(a) Testing and recordkeeping requirements. Each licensee using a sealed source shall have the source tested for leakage. The licensee shall keep a record of the leak test result in units of microcuries and maintain the record for inspection by the Commission for 3 years after the leak test is performed.

(b) Method of testing. A test for leakage must be performed only by a person specifically authorized by the Comminion or an Agreement State to perform the test. The test sample must be taken from the nearest accessible point to the serled source where contamination might accumulate. The test sample must be analyzed for radioactive contamina-tion. The analysis must be capable of detecting the presence of 0.005 microcurie of radioactive material on the test sample.

(c) Test frequency. Each sealed source must be tested for leakage at intervals not to exceed 6 months. In the obsence of a certificate 42 Enclosure 1

[7590-01]

from a transferor that a test has been made within the 6 nonths before the transfer, the sealed source may not be used until tested.

(d) Remova) of leaking source from service (1) If the test conducted pursuant to paragraphs (a) and (b).of this section reveals the presence of 0.005 microcurie or more of removable radioactive material, the licensee shall remove the sealed source from service immediately and have it decontaminated, repaired, or disposed of by an NRC or Agreement State licensee that is authorized to perform these functions. The licensee shall check the equipment associated with the leaking source for radioactive contamination and, if contaminated, have it decontaminated or disposed of by an authorized licensee.

(2) The licensee shall file a report with the appropriate NRC Regional Office listed in Appendix D of Part 20 of this chapter, within 5 days of the test. The report must describe the equipment involved in the leakage, the test results, any cc.itaminatio.n which resulted from the leaking source, and the corrective action taken.

(e) Exemptions from testing requirements. The following sealed sources are exempt from the periodic leak test requirements in para-graphs (a) through (d) of this section:

(1) Hydrogen-3 sources; (2) Sources containing licensed material with a half-life of 30 days or less; (3) Sealed sources containing licensed material in gaseous form; (4) Sources of beta- and/or gamma-emitting radioactive material with an activity of 100 microcuries or less; and (5) Sources of alpha-emitting radioactive material with an activ-ity of 10 microcuries or less.

43 Enclosure 1

[7590-01]-

S 39.'37 Phys'ical inventory.

Each licensee shall conduct a semiannual physical inventory to account for all licensed material received and possessed under the license. .The licensee shall maintain records of the inventory for 3 years from the date

'of the inventory for inspection by:the Commission. The' inventory must indicate the quantity and kind of licensed material, location of the licensed material, tie date'of the inventory, and the name of the individ-ual_ conducting the inventory.

6 39.39 Utilization records. '

(a) Each licensee shall maintain a record showing the following.

~

information for.each utilization of licensed material:

(1) The make, model number, and a serial number or a description of-each sealed source used; (2) In the case of a radioactive marker or unsealed licensed mate-rial used for subsurface tracer studies, the radionuclide and quantity of activity used in a particular well; (3) The identity of the logging supervisor and logging assistants

'to whom the licensed material is assigned; and (4) Location and date of use of the licensed material.

(b) The ifcensee shall maintain the records required by paragraph (a) 3 available for inspection by the Commission and shall retain the record for 3 years from the date of the recorded event.

S 39.41 Desian and performance criteria for sealed sources.

1 (a) A 1*censee may not use a sealed source, except one containing

. licensed material in gaseous form, manufactured after [one 7

I 44 Enclosure 1 o

[7590-01]

4 year after the' effective d' ate of the final rule] in well-logging unless the manufacturer certifies to the licensee that the sealed source meets the following criteria:

(1) It is of doubly encapsulated construction; (2) 'It contains licensed material whose chemical and physical forms are as insoluble and non-dispersible as practical; (3) It has individually passad pressure testing to 24,600 pounds per square inch. absolute without leakage; and '

(4) -It meets the following performance requirements by prototype test-ing. Compliance with the tests is determined by the ability of the pro-

'totype to maintain its integrity after each of the following tests:

(i) Temperature test - the test source must be held at -40*C for

'20 minutes, 600*C for 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br />, and then be subject to a thermal shock test with a temperature drop from 600*C to 20 C within 15 seconds; (ii) Impact test - a 5 kg steel hammer, 2.5 cm in diameter, must be ,

1 dropped from a height of 1 m onto the test source;

'(111) Vibration test - the test source must be subject-to a vibra-tion from 25 Hz to 500 Hz at 5 g amplitude for 30 minutes; and (iv) Puncture test - a 1 gram hammer and pin, 0.3 cm pin diameter, must be dropped from a height of 1 m onto the test source.

(b) After [2 years after the effective date of this rule], a licensee may not use a sealed source manufactured before [one year after the effec-tive data of this rule), except one containing licensed material in gaseous form, unless the manufacturer, or a qualified testing organization, cert-

ifies to the licensee that the sealed source meets:

(1) The criteria of paragraphs (a)(1), (a)(2), and (a)(3) of this section; or i.

45 Enclosure 1 b

m

[7590-01]

(2) The criteria of paragraphs (a)(1),.(a)(2), (a)(3) of this_section by prototype test, and the performance requirement of paragraph (a)(4) of this section.

(c) The licensee shall keep the certification documents described by paragraphs (a) and (b) of this section for inspection by the Commission for 3 years after transfer or disposal of the source or its abandonment

'in a well.

6 39.43 . Inspection, maintenance, and opening of a source or source holder.

(a) Each licensee shall inspect the source holders, logging tools, and source handling tools for obvious defects before the equipment is used each day to ensure that the equipment is in good working condition.

(b) Each licensee shall conduct a program of visual inspection and maintenance of source holders, logging tools,: source handling tools, stcr-age containers, transport containers, injection tools, and sinker bars to ensure that the required labeling is legible and that visual physical '

damage is absent. The licensee shall perform the visual inspection and maintenance at least every 6 months. The licensee shall maintain records of inspection and maintenance for 3 years for inspection by the Commission.

(c) If the inspection conducted'under paragraph (a) of this section reveals damage to the labeling or to components critical for radiation safety, the licensee shall remove the item from service until repairs are made.

(d) Removal of a sealed source from a source holder, and maintenance on sealed sources, holders or pressure housings in which sealed sources are placed, or on other equipment containing a sealed source may not be 46 Enclosure 1

[7590-01]

f performed _unless a written instruction has been approved by the Commission as part of the l'icense application.

-(e) If a sealed source is stuck in the source holder or logging tool,'the licensee may not perform any operation,'such as drilling, cutt-

~~

ing, or chiseling, on the source holder or logging tool, unless it is ,

specifically~ licensed by the Commission to perform this operation.

(f) The repair, opening, or modification of any sealed source -

must be' performed only by persons specifically licensed to do so by the Commission.

'S 39.45 -Subsurface tracer studies.

(a) The licensee'shall require all' personnel handling radioactive tracer material to use protective gloves and clothing and-other appro-priate equipment. The licensee shall take precautions to' avoid ingestion or inhalation of radioactive tracer material and to avoid contamination of field stations and temporary jobsites. (Bioassay services may be required by S?9.65(b).)

(b)1 A licensee may not inject licensed material into fresh water aquifers _unless specifically authorized to do so by the Commission.

S 39.47 Radioactive markers.

.The licensee may not use a radioactive marker in wells, unless the individual marker contains quantities of licensed material not exceeding the specified quantities in S 30.71 of this chapter.

47 Enclosure 1

[7590-01]

S 39.49 Uranium sinker bars.

The licensee may not use a uranium sinker bar in well-logging opera-tions after [one year from the effective date of the rule], unless it is legibly impressed with the words " CAUTION-RADI0 ACTIVE-DEPLETED URANIUM" and " NOTIFY CIVIL AUTHORITIES (or COMPANY NAME)'IF FOUND."

S 39.51 Use of a sealed source in a well without surface casing.

The licensee may not use a sealed source in a well without a surface casing designed to protect fresh water aquifer zones, unless procedures for protecting these zones are specifically approved by the Coramission.

SUBPART D - RADIATION SAFETY REQUIREMENTS

-S 39.61 Training.

(a) The licensee may not permit an individual.to act as a logging supervisor until that person:

(1) Has completed at least 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> of formal training in the subjects outlined in paragraph (e) of this section; (2)- Has received copies of and instruction in:

(i) NRC regulations contained in this part and in the applicable sections of Parts 19, 20, 21, 30, 40, 70, and 71 of this chapter; (ii) The NRC license under which the logging supervisor will perforir, well-logging operations; and (iii) The licensee's operating, recordkeeping, and emergency procedures; 48 Enclosure 1

~

~[7590-01]

(3) Has. completed 3 months of on-the-job training and demonstrated competence in the use of licensed materials, remote handling tools, and radiation: survey instruments'by a field evaluation; and, (4) Has' demonstrated understanding of the requirements in sub-paragraphs (a)(1) and (a)(2):by successfully complet.ing a written test.-

.(b) The' licensee may not permit an individual-to act as a logging assistant until that person:

(1) ;Has received instruction in applicable sections of Parts 19, 20, and 21 of this chapter; (2) Has received copies of and instruction in the licensee's operat -

~

ing and' emergency procedurs ;

(3) Has demonstrated understanding of the materials listed in

-paragraphs (b)(1) and (2) of-this section by successfully completing a written or oral test; and

~(4) Has received instruction in the use, under the personal supervi-sion of the' logging supervisor, of tracer. material, sealed sources, remote-handling tools, and radiation survey instruments.

-(c) The licensee shall provide for the ann'ual retraining ~ofl logging

. supervisors and logging assistants.

-(d) The licensee shall maintain a record of each logging supervisor's and logging assistant's training, including copies.of written tests and i.

-dates of oral tests,-for 3 years following the termination of employment.

(e)- The licensee shall include the following subjects in the formal training required in paragraph (a)(1) of this section:

(1) Fundamentals of radiation safety:

'(i) ' Characteristics of radiation;

.(ii) Units.of radiation dose and quantity of radioactivity;.

(iii) Hazards of exposure to radiation; 49 Enclosure 1-

[7590-01]-

(iv) Levels of radiation from licensed material; (v) Methods of controlling radiation dose:

(A) Working . time;-

(B) Working' distances; (C) Shielding;

'(vi) Radiation safety practices, including prevention of contamination, and methods of decontamination; (2) Radiation detection instrumentation to be used:

(i) Use of radiation survey instruments:

(A) Operation; (B) Calibration; (C)- Limitations; l (ii) Survey techniques;

-(iii) .Use of personnel monitoring equipment;

& (3) Equipment to be used:

-(i) Handling equipment and remote handling tools; (ii) _ Licensed materials;-

_(iii) Storage, control, and disposal of equipment and licensed materials; b (iv) Operation and control of equipment and licensed materials; (v) Maintenance of equipment; (4) The requirements of pertinent Federal and State regulations; and

-(5) Case histories and potential consequences of accidents in well-logging operations.

50- Enclosure 1

[7590-01]

S 39.63 Operating and emergency procedures.

Each licensee shall develop 'and follow written operating and emer-gency procedures that cover instruction in--

_( a) The handling and use of licensed materials to be employed so that'no individual is likely to be exposed to radiation doses in excess of the limits established in Part 20 of this chapter; (b) Methods and occasions for conducting radiation surveys; (c) Methods and occasions for locking and securing licensed materials;.

(d) Personnel monitoring and the use of personnel monitoring equipment; (e) Transportation of licensed materials to field stations or tempo-rary jobsites, including packing of licensed materials in vehicles, placarding of vehicles when needed, and physically securing licensed materials to transport vehicles during transportation to prevent accidental loss, tampering, or unauthorized removal; (f) Minimizing personnel exposure, including that from inhalation and ingestion of licensed materials, during well-logging operations and in the event of an accident; (g) The procedure for notifying proper persons in the event of an accident; (h) Maintenance of records; (i) The inspection and maintenance of source holders, logging tools, source handling tools, storage containers, transport containers, and injection tools; (j) The procedure to be followed if a sealed source is lodged in a well or ruptured; 51 Enclosure 1

-[7590 J1]

(k) The procedure to be used for picking up, receiving, and opening packages containing. licensed materials; i (1) The procedure-for identifying and reporting to NRC defects and noncompliance, as required by Part'21 of this chapter;

.'(m) The procedure and the use of tools for remote handling of sealed sources -and radioactive tracer material, except low-activity calibration

, sources;.

(n) The procedure to be used for detecting contamination, require'd

, .by S.39.67(c)-through (e), and for preventing the spread of contamina-tion; and ~

(o) The procedure to be used to decontaminate the environment, equipmen't or personnel if any or all are contaminated.

S 39.65 Personnel monitoring.

~

(a) The licensee may not permit an individual to act as a logging.

supervisor or logging assistant unless that person wears, at'all times

..during well-logging operations,- either'a film badge or a thermoluminescent dosimeter (TLD). .Each-film badge or TLD must be assigned to and worn by only one individual. The film badge must be replaced at least monthly.

'and TLD badges replaced at least quarterly The licensee shall have each badge or dosimeter processed.

(b) The licensee shall provide appropriate bioassay services to

-individuals using-licensed materials in subsurface-tracer studies.

(c) The licensee shall keep-reports received from the badge or TLD processor. and from the bioassay service laboratory for inspection until

the. Commission authorizes disposition or terminates the license.

i ..

52 Enclosure 1

[7590-01]

S 39.67 Radiation surveys.

(a) -The licensee shall make radiation surveys, including out not limitedito paragraphs (b) through (e) of this section, of each area where licensed materials are used and stored.

(b) Before transporting the licensed materials, the licensee shall make a radiation survey of the position occupied by each individual in the vehicle and of the exterior of each vehicle used to transport the licensed materials.

(c) After removing the sealed source assembly from the logging tool and before departing from the temporary jobsite, the licensee shall confirm that the logging tool is free of contamination by energizing the logging tool detector or by using a survey meter.

(d) If the licensee suspects that, as a result of operations involving a sealed source, the encapsulation of the sealed source could be damaged by the operation, it shall conduct a radiation survey, includ--

ing a contamination survey, during and after the operation.

(e) The licensee shall make a radiation survey at the temporary .

jobsite for each subsurface tracer study. The survey must include a ,

measurement of radiation levels before and after the operation,.and a ,P e

measurement of contamination levels after the subsurface tracer study.5 i

(f) Theresultsofsurveysrequiredunderparagraphs(a)throughl (e) of this section must be recorded and must include the date the sur ey 1

took place, the name of the individual making the. survey, the identifica-tion of the survey 'nstrument used, and the location of the survey. ' The licensee shall maintain records of surveys for inspection by the Commis-sion for 3 years after they are made.

53 Enclosure 1 i

[7590-01]

S 39.69 Radioactive contamination control.

(a) During efforts to recover a sealed source lodged in the well, the licensee shall-continuously monitor, with an appropriate radiation detec-tion instrument or a logging tool with a radiation detector, the circulat-ing fluids from the well to check for contamination resulting from damage to the sealed source.

(b) If the licensee detects evidence that the sealed source has ruptured or licensed materials have caused contamination, it shall initiate the emergency procedures required by S 39.63 immediately.

-(c) If contamination results from the use of-licensed material in well-logging operations, the licensee shall decontaminate all work areas, equipment, and unrestricted areas.

SUBPART E - SECURITY, RECORDS, NOTIFICATIONS S 39.71 Security.

During each well-logging operation, the logging supervisor or other licensee employee designated by the logging supervisor shall maintain direct surveillance of the operation to prevent unauthorized entry into a restricted area, as defined in S 20.3(a)(14) of this chapter.

S 39.73 Documents and records required at field stations.

(a) Each licensee shall maintain the following documents and records at the field station:

(1) A copy of applicable NRC regulations; (2) The license authorizing the use of licensed material; 54 Enclosure 1

}

[7590-01]

o (3) Operating and emergency procedures; (4) The record of the radiation survey instrument calibration required by 6 39.33; (5) The record of the leak test results required by 6 39.35; (6) Physical inventory records required by S 39.37; (7) Utilization records required by 6 39.39; (8) Records of inspection and maintenance required by S 39.43; (9) Training records required by S 39.61(d); and (10) Survey records required by S 36.67.

(b) Records required by paragraph (a) (1)-(3) of this section must be kept until the licensee terminates its well-logging operations at the field station. Records required by paragraphs (a) (4)-(10) of this section must be kept for 3 years.

S 39.75 Documents and records required at temporary jobsites.-

Each licensee conducting operations at a temporary jobsite shall maintain the following documents and records at the temporary jobsite until the well-logging operation is completed:

(a) Operating and emergency procedures; (b) Evidence cf latest calibration of the radiation survey instru-ments in use at the site required by S 39.33; (c) Latest survey records required by 9 39.67; (d) 'The shipping papers for the transportation of radioactive mate-rials required by S 71.5 of this chapter; and 55 Enclosure 1

[7590-01]

1 (e) A copy of the NRC license; authorizing use of licensed materials, a

4- '

or a' copy of the Agreement State license when operating under reciprocity

pursuant to-S 150.20 of this chapter.

M 1

". S 39.77 ; Notification of incidents and lost sources; abandonment

=, procedures ~ for irretrievable sources.

i. (a), The licensee shall immediately notify th'e appropriate NRC

~

Regional--Office by telephone and subsequently within 5 days by confirma-u tory-letter if it knows or has reason to believe that-(1) licensed mate- >

u i

rial'has been lost in or near a fresh water aquifer; or-(2) a sealed l source has been ruptured. This notice must designate the well or other l'

- location and describe the magnitude and extent of loss of licensed. mate-

[ rials, assess the consequences of the loss or rupture, and explain efforts planned or being taken to mitigate these consequences. '

(b) The licensee shall notify the Commission of incidents and h sources lost, other than in the well, in accordance with SS 20.402, 20.403, and 20.405 of this chapter. [

(c) If a sealed source becomes lodged in a well, and when it becomes apparent that efforts to recover the sealed source will not be

[ successful, the licensee.shall--

(1)- Advise the well owner or operator, as appropriate, of the abandonment procedures under S 39.15(b) or (c) and ensure that these '

procedures are implemented within 30 days after the sealed source has i

been classified as. irretrievable; and (2) Notify the appropriate NRC Regional Office by telephone of the circumstances-of the loss, and request approval to implement abandonment procedures.

56 Enclosure 1

^

-yg , , .- . . __ _ _. . ._ . _ . . . _ _ _ . - _ _ _ _ .

AL '

Mi [7590-01].  !

(d) The licensee shall,'within 30 days after a sealed source has been classified as irretrievable,' make a report in writing to tha appro-priate NRC. Regional Office. The licensee shall send a copy of the report

,.. . to each appropriate State agency-that has authori t over the particular well-drilling operation. The report must contain the following 4

information:

(1) Date'of occurrence;

(2) A description of the irretrievable well-logging source involved,

. including radionuclide, quantity, chemical and physical form;

.(3) Surface location.and identification of the well; f

(4) 'Results of efforts to immobilize and seal the source'in place; -

(5) Depth of.the source; r

(6) Depth of the top of the cement plug;

,. -(7) Depth of the well, (8) Any other information (e.g., warning statement) contained on t

the permanent identification plaque; (9) -Notifications made to State agencies; and' l' (10) A brief description of the attempted recovery effort.

i y

, SUBPART F -' EXEMPTIONS J

9 39.91 Applications for exemptions.

The Commission may, upon application of any interested person or upon its own initiative, grant such exemptions trom the requirements of the regulation in this part as it determines are authorized by law and will not endanger life or property or.the common defense'and security and  !

are otherwise in the public interest. f 57 Enclosure 1 4

. ,. +- - , ... .- ---,- - _ .- - . _ . - _ .- - .. - . - - , , , .. . . . .

[7590-01]

'SUBPART G - ENFORCEMENT

$ 39.101 Violaticns.

(a) .An injunction'or other court order may be obtained to prohibit a violation of any provision of this part.

(b) .A court order may be obtained for the payment of a civil

. penalty imposed for violation of this part.

(c) Any person who willfully violates iny provision' of this part issued under section 161b., i., or o. of the Atomic Energy Act of 1954, as amended, or the provisions cited in the authority citation at the beginning_of this part may be guilty of a crime and,_upon conviction, may be punished by fine or imprisonment, or both, as provided b, law.

PART 19 - NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS; INSPECTIONS

$ 19.2 [ Amended]

2. Section 19.2 is amended by adding "39," after " Parts 30 through 35," in the first sentence.

9 19.3 [ Amended]

3. Section 19.3(d) is amended by adding "39," after " Parts 30

~

through 35,"-in the first sentence.

58 Enclosure 1

[7590-01]

PART 20 STANDARDS-FOR PROTECTION AGAINST RADIATION

$ 20.2 [ Amended]~

4. Section 20.2 is amended by. adding "39," after " Parts 30 through i

35," in the first sentence. '

9 20.3 [ Amended]

5. Section 20.3(a)(9) is amended byfadding "39," after " Parts 30..

through 35," in the first sentence.

PART 21 - REPORTING OF DEFECTS AND NONCOMPLIANCE

-9 21.2' [ Amended]

6. 'Section 21.2 is amended by adding "39," after "34, 35," in the I

first sentence.

T

PART 30 - RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF BYPRODUCT MATERIAL

$ 30.4 [ Amended]

L

7. In S 30.4, paragraphs (b) and (i) are amended by adding "and 39" r

after "31 through 35" and paragraph (x) is removed. l I

I 59 Enclosure 1 1

_ .,..-.-.-.__._._..._.-,...__,_._,__,_,___.__...-._,.___._.,__,.,-...-._,..m.-- , ~ ... _ ..

m

[7590-01]

'S 30.5 [ Amended]

8. Section 30.5 is amended by adding "and 39" after "31 through 35".

S 30.6 [ Amended]

9. In S 30.6, paragraph (b) (1) is amended by adding "39" after "30 through 35" in the first_ sentence.

S 30.11 [ Amended]

10. In S 30.11, paragraph (a) is amended by adding "and 39" after "31 through 35".

S 30.13 [ Amended]

11. Section 30.13 is amended by adding "and 39" after "31 through 35".

S 30.14 [ Amended]

12. In S 30.14, paragraph (a) is amended by adding "and 39" after "31 through 35" and paragraph (c) is amended by removing "and 34" and adding "34 and 35" after "32, 33".

60 Enclosure 1

[7590-01]

O

$ 30.15 [ Amended]-

13. In S_30.15, paragraph (a)'is amended by adding "and 39"'after "30 through 35".

S'30.18 [ Amended]

~

14. In 5 30.18, paragraph (a) is amended by adding "and 39" after "30 through 34".

S 30.31 [ Amended]

15. Section 30.31 is amended by adding "and 39" after "32 throughL35".-

$ 30.33 [ Amended]

16. Section 30.33, paragraph (a)(4) is amended by adding "and 39" after "32 through 35".

S 30.34 [ Amended]

17. Section 30.34, paragraph (a) and (b) are amended by adding "and 39" after "31 through 35"; paragraph (c) is amended by adding "and 39" after "31 through 35" in the first and the second sentences; paragraphs (d) and (e) are amended by adding "and 39" after "31 through 35".

61 Enclosure 1 L

[7590-01]

8 30.39- [ Amended]

18. Section'30.39 is amended by adding "and 39" after "32 through 35".

S 30.56 [ Removed]

19. Section 30.56 is removed.

PART 40 - DOMESTIC LICENSING 0F SOURCE MATERIAL S 40.5 [ Amended]

20. In S 40.5, paragraph (b)(1) is amended by adding "39," after "30 through 35," in the first sentence.

PART 51 - ENVIRONMENTAL REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS S 51.22 [ Amended]

21. In 9 51.22, paragraphs (c)(3), (c)(10) and (c)(14) are amended by adding "39," after "34, 35," in the first sentence of each paragraph.

62 Enclosure 1

[7590-01].

PART DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

.S 70.4 [ Amended]

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22. In'S 70.4, paragraph (w) is removed.

S 70.5 [ Amended]

23. In S 70.5, paragraph (b) (1) is amended by adding "39" after

- "30 through 35."

S 70.60 [ Removed]

24. -Section 70.60 is removed.

PART 71 - PACKAGING AND TRANSPORTATION OF RADI0 ACTIVE MATERIAL

_ S 71.0 [ Amended] .

25. In S 71.0, paragraph (b) is amended by adding "39," after "21, 30,".in the fIrst sentence.

63 Enclosure 1 b

[7590-01]-

PART 150--' EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 h

9'150.20 ~ [ Amended]

26. In $ 150.20, paragraph (b) is amended by removing "70.60, to 170.62, inclusive," and adding "70.61, 70.62," after "70.51 to 70.56, ,

inclusive,";,and by adding "$39.15 and Subparts.C, D, E, F, and G of l Part 39" after "and to the provisions of Parts 19, 20, and 71" of the first sentence.

(The conforming amendments to Parts 19, 20, 21, 30, 32, 40, 51,.70, 71, and 150 are issued under the following authority: .Sec. 161, Pub. L.83-703, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, i

L Pub. L.93-438, 82 Stat. 1242, as amended (42 U.S.C. 5841).-).

Dated at Washington, D.C. this- day of , 1984.

For the Nuclear Regulatory Commission.

e Samuel J. Chilk, i Secretary of the Commission l

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d M k ; !. m The Honorable' Alan Simpson, Chairman Subcommittee on Nuclear Regulation Committee'on Environment and Public Works United States Senate Washington, DC 20510

Dear-Mr. Chairman:

. Enclosed for the information of the Subcommittee is a~ copy of a Notice of Proposed Rulemaking to_ be published in the Federal Register. The NRC is con-sidering amending its regulations to provide specific radiation safety require-ments-for the use of licensed material in well-logging operations. Current NRC regulations'do not provide specific requirements but instead impose them as licensing conditions.

The' proposed rule would provide: (1) comprehensive and consistent regulations applicable to well-logging operations; (2) uniform requirements in NRC and Agreement State' regulations, allowing well-logging licensees to operate in both

. Agreement States and Non-Agreement States with ease; and (3) safety require-ments designed to reduce the likelihood of accidents involving the rupture of radioactive sources in well-logging operations.

Sincerely, Robert B. Minogue, Director Office of Nuclear Regulatory Research

Enclosure:

Notice of Proposed Rulemaking cc: Senator Gary Hart Enclosure 2

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NRC CONSIDERS REGULATIONS

'0N.WELL LOGGING OPERATIONS (i,% I ,,

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The Nuclear Regulatory Commission is considering amending its regulations

'to include specific safety requirements for.the use of radioactive materials in well-logging operations.

The oil and gas industry uses well-logging techniques to obtain information on the properties of underground formations--such.as the type of rock, porosity, hydrocarbon content and density--in new and existing wells.

One technique involves lowering a sealed radioactive source, with an associated radiation detector, into a well on a wire line. Information collected by the detector is sent to the surface through the wireline while the radioactive source and detector are slowly raised from tS" bottom. The log of the well is produced by recording the way in which radia.'on emitted from the source is

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reflected back from the underground formation to the detector.

Americium and cesium are the radioactive materials most commonly used for this purpose. Similar use of the materials is made in coal and other mineral exploration.

As of November 1984, 173 NRC licensees were authorized to use radioactive materials in well-logging operations. In addition, 27 states have reached an agreement with the NRC under which they regulate well-logging (as well as certain other activities involving commercial use of radioactive materials).

These Agreement States have about 400 well-logging licensees.

Enclosure 3

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Current NRC_ regulations do1not contain radiation safety requir'ements specifically.related to the use of nuclear materials in well-logging ,

operations.

Instead these operations are regulated through'thi general' safety requirements for use of nuclear materials and through conditions of each

individual license. imposed on a case-by-case basis. The' proposed rule would provide comprenensive and' consistent regulations in this area and is designed

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to reduce the likelihood of an accident-involving radioactive material.  ;!

Specific requirements of the proposed rule would include:

-(l) The licensee.(well-logging company) would be required to enter into a written. agreement with the well_ owner or operator in which the owner or operator commits to make a reasonable effort to recover any radioactive source that.gets stuck.in the well. The owner or operator would also agree not to release contaminated equipment or property surrounding the well for unrestricted use until the equipment-or property has been decontaminated. This agreement is needed because the well-logging company itself might not have the legal authority or resources to recover a radioactive source that gets lost in a' well.

(2) Licensees would be prohibited from forcing a stuck sealed radioactive source out of its holder in a manner that could endanger the sealed source's integrity unless the action was specifically authorized by the NRC.

Rupture of the sealed source could cause radioactive contamination of the

. facility, personnel and environment.

b Enclosure 3

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DRAFT (3) Performance criteria would be established for the sealed radioactive sources. After a phase-in period, the sealed sources used by well-logging licensees would have to be doubly encapsulated, contain nuclear material that is relatively insoluble and nondispersible and either have individually passed a pressure test or be similar to e prototype that has passed tests complying with standards of the American National Standards Institute.

Interested persons are trivited to submit written comments on the proposed rule, which would be contained in a new Part 39 of the Commission's regulations. Comments should be sent to the Secretary, U. S. Nuclear Regulatory Commission, Washington, D. C. 20555, Attention: Docketing and Services Branch, by (90 days after publication in the Federal Register on ).

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PRELIMINARY REGULATORY ANALYSIS 10 CFR Part 39 LICENSES AND RADIATION SAFETY REQUIREMENTS FOR WELL-LOGGING OPERATIONS

1. STATEMENT OF THE PROBLEM Existing Commission regulations do not specify detailed safety requirements governing the use of licensed material in well-logging operations. Some general requirements pertaining to well-logging operations are addressed in 10 CFR Parts 20, 30, and 70. Because about 50,000 wells are logged each year (total in both the Agreement States and non-Agreement States) in the oil, gas and mineral industry and about 5,000 workers are involved in these operations, a uniform set of radiation safety requirements in the Commission's regulations

. appears necessary. At present, the Commission specifies safety requirements

-for these operations as license conditions for 173 NRC licensees (as of November 1984).

Typical radioactive sources used in well-logging operations include sealed sources containing americium-241 (0.25 curie to 20 curies) and cesium-137 (2 to 3 curies); and millicurie quantities of short-lived tracer materials to label well fluids.

A major problem with the current practice is that radiation safety requirements applicable to the industry are specified as license conditions on a case-by-case basis rather than spelled out in uniform regulations that are applicable to all licensees. This requires duplication of effort and allows for discrepancies in requirements among the specific licenses issued by NRC and the Agreement

-States. Problems in the consistent and uniform application of these require-ments could become a greater concern because, under the NRC's program for the 1

Enclosure 4

decentralization of material licensing actions, well-logging licenses are issued by the five NRC Regional Offices instead of NRC Headquarters.

In response to concerns expressed by several States with extensive oil and gas activities, a task force was established by the Conference of Radiation Control Program Directors to develop a set of radiation safety requirements for use of radioactive material in well-logging operations. The task force was composed of representatives from the States, the affected industry, and federal agencies, including the NRC. In keeping with previous practices of the organization, the Conference adopted these requirements as Part W of the " Suggested State Regulations for Control of Radiation" (SSRCR). The States of Arkansas, Kentucky, Oregon, and Texas have already adopted Part W requirements as State regulations without substantive changes. Other Agreement States are also considering adopt-ing Part W requirements. Because many well-logging companies operate in both Agreement and non-Agreement States, compatible NRC requirements are needed to ensure uniformity between NRC and the Agreement State regulations.

Though there are about 50,000 well-logging operations each year, the probabil-ity of an accident is very small. Nonetheless, accidents have occurred and additional safety requirements are needed to reduce the likelihood of an accident even further. There were five incidents which occurred between August 1982 and September 1983 involving radioactive sources used in well-logging operations. Three incidents involved the rupture of sources in uncontrolled workshop environments by workers performing machining or drilling operations.

Two incidents involved the rupture of sources in well holes during logging tool recovery operations. The cost associated with the cleanup of radioactive material from these incidents is estimated to be in excess of 1.5 million dollars.

2. OBJECTIVES This regulatory action focuses on the following objectives:

to provide a comprehensive and consistent set of regulations to ensure radiation safety; 2

Enclosure 4 m

to maintain compatibility between the NRC-and the Agreement States in regulating these operations:

to reduce the likelihood of an accident involving radioactive material.

3. ALTERNATIVES The alternatives considered were as follows:

3.1 Maintain the Status Quo This alternative was not adopted because it would not provide a comprehensive and consistent regulatory framework of safety requirements for well-logging operations. Further, licensees and the public would not have an opportunity to

. provide comments to the NRC's requirements or any additional amendments. Also, the alternative makes the reciprocity with Agreement States more difficult because the safety requirements could be different.

3.2 Promulgate a New Part in NRC Regulations Based on Part W

-This alternative was adopted because:

it provides a sound regulatory base because Part W was adopted by four Agreement States and used successfully; it provides compatability with the Agreement States safety require-ments and thus provides a simple mechanism for reciprocity; it provides licensees with the opportunity to suggest modifications of the regulations.

it provides a single location for safety requirements for using byproduct, source and special nuclear material in well-logging operations.

3 Enclosure 4

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~3.3. Amend Parts 30, 40, and 70 Based on Part W The alternative was-not adopted because:

the' safety requirement would be fragmented and thus, more confusing

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when used by licensees 'or NRC licensing reviewrs and inspectors; I

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.many requirements would have'to be repeated in two or three Parts.

4. CONSEQUENCES 4.1 -Costs 4.1.1 NRC Operations Anticipated costs to the NRC are expected to be low for this action. An esti-mated one-time cost of 1/2 professional staff year ($50,000) effort will be needed to support this rulemaking activity. Additional costs include the cost of publication of. the Federal Register Notices of Proposed and Final Rulemaking.

'4.1.2 Other Government Agencies Agreement' States would be asked to review the proposed rule. Each review would require a total estimated staff time of 8-hours. For the 27 Agreement States, the total one-time review effort is estimated at approximately 200 person-hours ($10,000).

4.1.3 Industry Approximately 170-180 licensees of the Commission would be affected by this proposed action. The number of licensees is not expected to vary substantively

.in the near future. Each licensee would be required by the regulation to imple-ment the requirements in the areas of personnel safety, working practices, operating procedures and equipment. The total cost for implementation of all requirements, if they were being implemented for the first time, would be approximately $1.3 million per year for NRC licensees or approximately $7,400 4

Encicsure.4

per licensee per year as shown in Table 1. However, most requirements are already' applied as licensing conditions; thus, the increase in cost to the affected licensees from this action would be approximately $350,000 per year for,NRC licensees or approximately $2,000 per licensee per year.

4.1.4 Public There would be no associated cost to the public from this action.

4.1.5 Total Cost The total cost of the proposed rule is comprised of the sum of NRC costs, the

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costs of other Government Agencies, and Industry costs. The NRC and other Government Agencies costs are one-time costs that occur at the beginning of the rulemaking cycle; therefore these costs can be added directed into the total cost. However, the Industry costs are presented in terms of cost /

licensee / year or annual cost. Thus these costs must be summed over a number of years and added to the NRC and other Agency costs to obtain the total cost.

The accepted way to aggregate these annual costs is to use the "present Value Discounting" method (this method is described in NUREG/CR-3568 pp.C.1 - C.5).

The Present Value of this stream of annual costs equals (the number of licensees) X (cost per licensee) X (the present value discount factor). In the case, we will assume a real discount rate of 10% and a time period of 20 years, which gives _ a present value discount factor of 8.5L Therefore, the stream of annual Industry costs equals 180 x 2000 x 8.51 or $3 million in constant dollars for a time period of 20 years. And the total cost of this rule would be the sum of NRC costs, other agencies costs and the present value of the stream of annual Industry costs, or $100,000 + $10,000 + $3,000,000 =

$3,110,000 for 20 years.

4.2 Benefits 4.2.1 NRC Operations The benefits from this action are:

5 Enclosure a

i TABLE 1 Total Industry Cost for Implementing Part 39.

Costs No. of Unit cost units (or Total Section Content (or time) Freq/yr/ unit units /yr) cost /yr Remarks 39.1 - General Provisions ---------------------No Cost------------------------ 1. Administrative procedure.

39.11 2. Assumes 2,000 workers operate under NRC licenses.

39.13 Specific License - 1 hr/Insp. 1/yr 2000 persons $60,000 Assumes $30/hr.

Internal Inspec-tion.

39.15 Written Agreement ---------------------No Cost------------------------ Currently required in Parts 30 and 70.

m 39.31 Labels, etc ---------------------No Cost------------------------ Currently required in Parts 20 and 71.

39.33 Detection Instruments - $500/ event --

20 events /yr $10,000 1. Survey instruments are High Sensitivity currently required by Instruments Part 20.

2. Assumes 20 events per year that require consultant with high sensitivity instrumentation (unit cost includes transportation of m the consultant).

S 39.35 Leak Test $40/ 2/yr 1800 sources $144,000 1. Currently required as 8 leak test license condition.

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• 2. Assumes 180 NRC licensees

• with an average of 10 sources per licensee.

TABLE 1 (Continued)

Costs No. of Unit cost units (or Total Section Content (or time) Freq/yr/ unit units /yr) cost /yr Remarks 39.37 Physical Inventory 6 min / 2/yr 1800 sources $11,000 1. Currently required as source license condition.

2. Assumes $30/hr.

39.39 Utilization Record 3 min / --

20,000 uses/yr -$30,000 1. Currently required as-use license condition.

2. Assumes 20,000 well-logging operations were performed by NRC licensees ($30/hr).

39.41 Sealed Source $300/ 0.1 1800 sources $54,000 1. Most sources manufactured

" Performance source (10 yr life) after 1968 comply with

- New Source the requirement.

2. Assumes 10 years life for each source.

- Old Source $500/ source 0.3 (replace 20 sources $3,000 1. . Assumes 20 cesium sources, in 3 years) which can not meet the requirements, must be replaced.

39.43 Inspection and 1. Currently required as Maintenance license condition.

- Daily 10 min / day --

10,000 days /yr $50,000 2. Assumes $30/hr.

m - Semi Annually 30 min / 2/yr 1800 sources $54,000 m source h 39.45 Tracer Studies - $10/ study --

5,000 $50,000 1. Currently required as p glove, clothing studies /yr license condition.

g 2. Assumes 25% of the 20,000

, well-logging operations involving tracer studies.

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7, TABLE 1 -(Continued)-

Costs No. of Unit cost units (or Total Section Content (or time) Freq/yr/ unit units /yr) cost /yr Remarks 39.49 Sinker Bars $10/ sinker 0.2/yr 100 $200 Assume 10% of NRC licensees bars (5 yr life) sinker bars and 6 sinker bars / licensee.

39.51 Wells without $20/ event --

200 events /yr $4,000 1. Assumes BC of 20,000 well Surface Casing logged are uncased.

39.61 Training $1,000/ 0.25/yr 2,000 $500,000 1. Currently required by

- formal training person (4 yr period) persons Parts 19.12 and 30.33(a)(3) and as licensing condition.

- annual $100/ 1/yr 2,000 $200,000- 2. Assumes 2,000 workers retraining person persons operate under NRC licenses.

39.63 Operating and 100 hr/ 0.1/yr 180 $108,000 1. Currently required as Emergency licensee (10 yr life) licensees license conditions.

Procedures 2. Assumes $60/hr for developing procedures.

39.65 - Monitoring and ---------------------No Cost------------------------ Currently required by 39.67 Survey Part 20.

39.69 Contamination 10 hr/ --

100 events /yr $30,000 1. Assumes 100 events of Control (continous event source recovery, monitoring) 2. Assumes $30/hr.

39.71 Security ---------------------No Cost------------------------ Currently required by EP Part 20.

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TABLE 1 (Continued)

Costs No. of Unit cost units.(or Total Section Content (or time) Freq/yr/ unit units /yr) cost /yr Remarks 39.73 - Documents $100/ --

180 $18,000 Currently required as 39.75 licensee licensees license condition.

39.77 Notification, ---------------------No Cost------------------------ Currently required by Abandonment Parts 20, 30, and 70.

39.91 Exemptions ---------------------No Cost------------------------ Administrative procedure.

Total cost $1,326,000 Already required $ 975,000 Net cost for implementing the rule $ 351,000 u>

Total cost / licensee = $1,326,000 = $7,400 180 Net cost / licensee = $351,000 = $2,000 180 E'

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providing a comprehensive and consistent set of regulations to assure radiation safety; maintaining compatibility between the NRC and the Agreement States in regulating these operations; encouraging the Agreement States to adopt similar regulations; providing a consistent regulatory program for all 5 NRC Regional Offices in administrative licensing and enforcement programs.

-4.2.2 Other Government Agencies Publication of the proposed and final rules would be cost reimbursable to the Government Printing Office by the NRC.

Agreement States would be able to, with a minimum effort, allow NRC licensees to conduct well-logging operations in their jurisdictions since the Federal and State Regulations would be compatible.

4.2.3 Industry The benefits to the industry are:

having a comprehensive set of requirements in the regulations with the opportunity to suggest modifications; minimizing the effort required to obtain reciprocity for NRC licensees to operate in Agreement State or vice versa.

minimizing the likelihood of an accident involving radioactive material.

10 Enclosure 4 m

i 4.2.4 Public The public would benefit from a comprehensive and consistent program that would assure radiation safety.

4.3 Impacts on Other Requirements The existive regulations on the irretrievable well-logging sources (10 CFR 30.56 and 70.60) would be removed. These requirements would be consolidated in this rulemaking.

4.4 Constraints There are no constraints on this proposed rulemaking.

5. DECISION RATIONAL An assessment of the costs and benefits of the proposed rule leads to the con-clusion,that there will be a positive impact from the uniformity of safety requirements for well-logging operations. Costs associated with this action would be negligible. Therefore, the proposed action is recommended.

6. IMPLEMENTATION No implementation pr,oblems are expected. The proposed regulations are similar to the Part W of the Suggested State Regulations which has been developed by-representatives from industry, States and Federal agencies, including NRC.

Public comments during the proposed rulemaking are expected to be supportive of the intent of these proposed rules.

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ENVIRONMENTAL ASSESSMENT FOR PROPOSED REGULATION ON WELL-LOGGING OPERATIONS Identification of the Proposed Action The Nuclear Regulatory Comission is proposing a regulation that would specify radiation safety requirements for the use of licensed material in well-logging operations. The proposed regulation would provide: (1) comprehensive and consistent regulations applicable to well-logging operations by consolidating essential radiation safety requirements in a new Part 39, (2) uniform safety requirements in NRC and Agreement States regulations, and (3) safety -equire-ments designed to reduce the likelihood of accidents involving the rupture of radioactive sources in well-logging operations.

The Need for the Proposed Action The proposed action is needed because the existing Comission regulations do not specify detailed safety requirements governing the use of licensed material in well-logging operations.- Currently about 50,000 wells are logged each year in both the Agreement States and non-Agreement States in the oil, gas and mineral industry, About 5,000 workers are involved in these operations. A uniform set of radiation safety requirements in the Comission's regulations appears necessary to reduce the occupational exposure and the potential for accidents involving radiological hazard. At present, the Comission specifies safety requirements for these operations as license conditions for the 173 NRC licensees (asofNovember1984).

Enclosure 5

2 A major problem with the current practice is that radiation safety requirements applicable to the industry are specified as license conditions or a case-by-case basis rather than spelled out in uniform regulations that are applicable to all licensees. This situation leads to the duplication of effort by the licensing agency and allows for discrepancies in requirements among the specific licenses issued by NRC and the Agreement States. Problems in the consistent and uniform application of these requirements could become a greater concern because, under the NRC's program for the decentralization of material licensing actions, well-logging licenses are issued by the five NRC regional offices instead of NRC headquarters.

In response to concerns expressed by several states with extensive oil and gas activities, a task force was established by the Conference of Radiation Control Program Directors to develop a set of radiation safety requirements for use of radioactive material in well-logging operations. The task force was composed of representatives from the states, the affected industry, and federal agencies, including the NRC. In keeping with previous practices of the organization, the Conference adopted these requirements as Part W of the

" Suggested State Regulations for Control of Radiation" (SSRCR). The States of Arkansas, Kentucky, Oregon, and Texas have already adopted Part W requirements as state regulations without substantive changes. Other Agreement States are also considering adopting Part W requirements. Because many well-logging companies operate in both Agreement and non-Agreement States, compatible NRC requirements are needed to ensure uniformity between NRC and the Agreement State regulations.

Enclosure 5 L

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Though there are about 50,000 well-logging operations.each year, the probabil-ity of an accident is very small. Nonetheless,' accidents have occurred and additional safety requirements are needed to reduce even further the likelihood of an accident. There were five incidents which occurred between August 1982 and September 1983 involving radioactive sources used in well-logging operations. Three incidents involved the rupture of sources in uncontrolled workshop environments by workers performing machining or drilling operations.

Two incidents involved the rupture of sources in well holes during logging tool recovery operations. The cost associated with the cleanup of radioactive material from these incidents is estimated to be in excess of 1.5 million dollars.

Alternative Use of Resources In connection with the proposed action, the NRC has considered .three alterna-tives: maintain the status quo; amend Parts 30, 40, and 70 based on Part W requirement; or promulgate a new part also based on Part W requirements, but dedicated to the well-logging operations. The third alternative. is proposed because:

o It provides a sound regulatory base. Part W has been adopted by four Agreement States and used successfully.

4 o It provides compatibility with the Agreement States' safety requirements and thus provides a simple mechanism for reciprocity.

Enclosure 5

t o It provides licensees with the opportunity to suggest modifications of the regulations.

o It provides a single location for safety requirements for using by-product, source and special nuclear material in well-logging operations.

o In the long run, it involves the least costly and most efficient way of using NRC's and licensee's resources. Public resources will not be impacted significantly.

Environmental Impacts of the Proposed Action The proposed action would not significantly affect the quality of the human environment. The proposed action is designed to control the use of licensed materials in well-logging operations and, therefore, would not have a direct impact on the environment. However, the proposed action would reduce the occupational radiation exposures received by workers and would also reduce the chance and consequences of accidents involving the spread of radioactive contamination in the environment. Furthermore, most of the proposed require-ments are already being complied with by licensees because they-are imposed by licensing conditions. Therefore, the proposed action would have no measurable negative environmental impact.

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Enclosure 5

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Agencies and Persons Consulted  :

The proposed action has been reviewed by the NRC staff and has been forwarded '

to .27 Agreement States for review. A. proposed rule will be published and public connents will be requested.

Findings of No Significant Impact The Commission has determined not to prepare an environmental impact statement for, the. proposed action because it would not have a significant effect on the quality .of the human environment; the impact will be a 4 beneficial, not a deleterious, one.

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n, pu aset,un of 25e FEDERAL REGtSTER Regulatory Commission. Washington, through the drilling fluid, called mud by sentains notces to the pdec of the DC 30555. (301) 44Ms01. the dnlling industry, down ta the bottom propo**d issuance of mies and gy,PLasseprTARY IIsFOAssAT10es: of the well Sands mixed with small reW8'*"' D' P*POS* o' **** "D" -

amount ofIridium 192 are used io as so yve bterested persons an 1. latroduction determine the extent of underground 8 o,\Y ,,o"n o sw anat Uses ofLicensedMoterialin Well. hydraulic fracturing.

sMs Loggmg Operations NRCandAgreement States' Roles

- -- %e oil and gas industry often needs Twenty seven Agreement States.

puCLEAR REGULATORY to determine the types and

' characteristics of the underground including most major oil producing COuutSSION States, have assumed responsibility for formations in a new or existing well.

' g"d' 10 CFR Porte 19,20,21,30,39,40,51, IJcensed materials are used to obtein information on certain properties of an

[,9h," d ve le b f8 11-I 70. 71, and 150 underground formation, such as type of logging oP' rations, bI a8'ecments with ucenses and Radiation Safety rocks, porosity. hydrocarbon content, the NRC. Each Agreement State issues Requiremente for Well i.ogging and density. Ucensed materials are also license 8 to Persons who use radioactive Operatione used for slinitar purposes in coal or {','(*,I in well-logging operations in AorpecV: Nuclear Regulatory "h gj. U

,, ,",'aled radioactive ne NRC issues licenses to persons Commission. sources with associated radiation using radioactive materials in well.

ACTioec Proposed rule, detectors. known as logging tools, are logging operations in non Agreement lowered into a well on a wireline.De States.%ese licenses specify the 1

sUses#ARY:%e Nuclear Re8ulato depth of the well could range from radiation safety requirements applicable i Commission is proposing a regulation to well logging operations that the that would sp ci radiati safety several h ndu ! feet to greater than 30,000 feet. Inf armation collected by the licensee must follow.ne NRC has, as requirements t e use o icensed of November 1964.173 licensees material in well-logging operations. ne detectors is sent to the surface through the wireline and plotted on a chart as authorised to use radioactive materials Cor p e ensi e a Ior i ptl, &N the logging toolis slowly raised from the in well logging operations. De bottom of the well. Americium 241 Agreement States have approximately 8 ' " 'P j ' 400 licensees involved in well logging 1da ng se "f (typically 0.25 curie to 20 curies) and

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radiation aa et requirements in a new a

ceslum 137 (typically 2 to 3 curies) are operations.

Part 39. (2) uni orm safety requirements the radioactive materials most MWng bnma bn m Stak frequently used for this purpose. frequently perform welllo ing lobs in in NRC and AFreement States in subsurface tracer studies, a small other States.To avoid dup ication of .;

regulations. and (3) safety reOutrements desi ned to reduce the risks f accidents amount of radioactive materialin liquid licensing e!! ort. NRC permits, under or gaseous form is used. After the liquid reciprocity, Agreement States licensees f ture of radioactive l

invo$ving the ru[ogging operations.

sources in wejg of gas tracer is injected into the well a to operate in non Agreement States detector is used in the well to monitor according to the conditions of the Daft: Submit comments by July 8.1985. the dispersion of the tracer material. license issued by thelt home State.

l Comments received after this date will %Is information will help determine Reciprocity also applies to licensees of be considered if it is practical to do so, certain underground characteristics such the NRC that wish to operate in but assurance of consideration cannot as fluid flow rate and the channeling Agreement States as well as between be gis en escept as to comments the different Agreement States.

effect. lodine.131 (typically 5 to 20 received on or before this date. Derefore, compatibthly between NRC millicuries)is the material raost ADDRES$tS: Submit written comments frequently used in subsurface tracer regulations and Agreement State

! to the Secretary of the Commission.U.S. studies, regulations is essential to permit Nuclear Regulatory Commisalon. Other licensed materials used in well. licensees to conduct well. logging Washington,DC 20555. Attention: logging operations include cobalt 40 operations in various States while

! Docketing and Service Ilranch. Copies of used in collst markers, radioactive tron maintaining a consistent and effective l

• comments received on the proposed rule used in nails, depleted uranium used in levelof protection necessary to ensure

! may be examined at thw NRC Public sinker bars, and iridium.192 used in public health and safety.

Docurlent Room.1717 il Street NW sends. Collar markers use Co40 wire Washington. DC. Single copiee of the NRC's Current Regulatory hect/ces (about 1 to 5 microcuries) to mark technical documents refened to in this collars between two sections of casing Except for requirements concerning document may be obtained from Dr. and provide positive depth the abandoment ofirretrievable well.

Anthony N. Tse. Office of Nuclear measurement. Radioactive iron nells are logging sources set forth in to CFR 30 $6 Regulatory Research. U.S. Nuclear

• used to indicate locations of and 70.80, current NRC regulations, do i

Regulatory Commission. Washington. perforations. Sinker bars are rot provide radiation safety DC 20555 (301-443-7901). constructed of solid depleted uranium requirements specific to the use of PO4 PUsrTHem IseF04ssAT10sl CO*f7ACTl (usually weighing 50 to 100 pounds) and licensed materialin well. logging Dr. Anthony N.Tse. Office of Nuclear are used to provide additional weight to operations. General safety requirements.

l Regula'ory Research. U.S. Nuclear help push a light weight logging tool however, are contained in 10 CFR Parts I

l

. 1 ._ . _ . __ . m- -

6-% a. .-

, 13798 Federal Register / Vol. 50.' No. 67 / Monday. April 8.1985 / Proposed Rules ao. 30. 40, and 70. At present. NRC and Temas) have already adopted Part material) For instanceAhe existing reviews a licensee's specific safety W requirements as State regulations regulation on irretrievable well logaing program as part of the license without significant changes. Several sources is repeated in Parts 30 and 70 application, and incorporates the safety other Agreement States are considering for sources containing byproduct program into the license as license adopting Part W requirements. material and special nuclear material, conditions, rupectively. Furthermore,if the safety ggg. ProposedApproach s

Problems with the Current Practice A major problem with the current The NRC le proposing to amend ita regulations to include specific radiation h NYh$n"1 licensees. NRC licensing reviewers. and '

practice is that radiation safety safety requirements for well logging NRC inspectors could have difficulty in requiremente applicable to the industry operations These requirements are determining the regalations app! cable are specified as license conditions on a included in the proposed 10 CFR Part 39, to a specific situation.

case by-case basis rather than spelled a new part exclusively dedicated to out in uniform regulations that are well. logging operations. 2. Discussion of the Proposed Rule applicable to alllicensees. This requir s The proposed rule is needed for the The proposed Part 39 would prescribe duplication of effort and s!!aws for following reasons specific safety requirements for well-discrepancies in requirements among (1) The proposed rule would provide logging operations that use licensed specific licenses issued by NRC and the rehensive and consistent

, Agreement States. Problems ln the compations applicable to well loggingmaterials. General provisions in Parts regu 30,40 and 70. such as renewal.

consistent and uniform application of operations. Current NRC regulations do these requirements could become a amendment or termination of licenses.

not provide specific requirements.

gre-ter concern because, under the would also be applicable to well loggirg Specific requirements pertaining to well' licensees The following sections NRC's program for the decentralization logging operations are imposed as licensing conditions. proside a discussion of the maior of ma'erfallicensing actions, well.

logging licenses are issued by the five (2) The proposed rule would PT VI8i 08 0I the proposed Part 39.

NRC Regional Offices Instead of NRC incorporate requirements similar to Part A. Agreement With WellOwneror IIcadquarters. W of the Suggested State Regulations. Operator

'though there are about $0.000 well. Four Agreement States have adopted to ing operations each year, the Part W as State regulations and others The proposed rule (l 3915) would pr ability of an accident is small. are considering its adoption. require that a license (a well-logging Nonetheless, accidents have occurred Consistency between NRC and company) entu into a written agrument and additional safety requirements are Agreement State regulations is essential with a well owner or operator, needed to reduce even further the risk of for well logging operations because whichever engaged the licensee to an accident, many cornpanies operate in both puf nn the welblogging opnations.

There were fhe incidents which Agreement and Non Agreement States. before the licensee could use sealed occuned between August 1982 and (3) The proposed rule includes safety sources in wc!!. logging The requirement September 1983 involving radioactive requirements designed to reduce the to enter into a written agreement on sources used in well logging operations risks of accidents involving the rupture abandonment procedures for l Three incidents involved the reputure of of radioactive sources and the spread of inetrinable well logging sourtes was soure:s in uncontrolled workshop radioactive contamination.These published as a final rule in the Federal environments by workers performing thcidents may result from operations Register (10 CFR 30 M. 70 60. and 150 20) m: chining or dnlling operations. Two conducted to remove a stuck source on August 29,1983 (48 FR 39036) The

, incidents involved the rupture of sources from a well lo ing device or to retrieve proposed Part 39 has incorporated the

) in well holes during logging tool a well logging evice lodged in a well. existing requirement for an agreement recaery operations. The cost (4) The proposed rule also includes and proposes to remos e il 30 $6 and cssociated with the Cleanup of safet) requirements invohing the use of 7o ro and to modify i 150 20.

r:dioactive contamination from these radioactive collar markers, uranium The proposed rule specifies the terms incidents la estimated to be in excess of sinker bars,and of a sealed source in a of this agreement.The well owner or

$t 5 milhon well without surface casing operator would agree,if a scaled source If these requirements are adopted as is lodged in the well, to (1) Make a At.ti;ns taAcv by Agreement States final regulations. NRC would encourage reasonable effort to recover the sealed Recognitira the need for the Conference of Radiation Control source. (2) not permit specific types of comprehensive und consistent radiation Program Directors and the Agreement recovery operations that could endanger safety standards, the Conference of States to adopt almilar requirements in the Integrity of the scaled source;(3) not R:diation Control Program Directors order to achieve compatible regulations. release contaminated equipment or .

established a task force in 1974 to A new part (10 CFR Part 39), areas, such as areas sunounding the develop necessary standards for well. dedicated exclusively la well logging well. for unrestricted use unless the logging operations. The task force was operations. le proposed to specify the equipment or the area has been composed of representatives from various safety requirements The decontaminated (Guidante nn relente of CZ tes, industry, and Federal agencies, proposed riew part parallels the entsting egalpment or areas for unrestrir.ted use including NRC.By 1961 a set of model Par 134 which is dedicated exclusively to is available on a case.by. case basis regulations was propded to the radiographic operations. A new part is from the NRC staff. In general. llmits for Conference by the task forte. In keeping needed because these operations use equipment are similar to those in with previous practices of the byproduct material, source material and Regulatory Culde 1Im ' Termination of organtration. the Conference adopted special nuclear matedal. lf these safety Operating Licenses for Nuclear the well lomains requirements as Part W requirements were not included in one Reactors?b and (4) Implement specified of the Sumaested State Regulations fut part, they would ha ve to be repeated in abandonment procedures when a sealed Controlof Mediation." Four Agreement Parts 30 (byproduct material). 40 (source source is deemed irretrievable. The SI:tes (Arkanses. Kentucky Oregon, material) and 70 (special nuclent sealed source lodgeWin the well must be

. ~a .-- _ - - - --- _

L w . rww . ... _ - - - - . . .

Federal Register / Vol. 60. No. 67 / Monday. April s.1985 / Proposed Rules 137pg retrieved or properly abandoned to (2)De well logging company is in a lase a consulting service that has such an avoid possible source rupture by better position to handle radiological instrument.

subsequent re-entry into the well. problems than the well owner or A ermonth calibration interval would This requirement is needed because operator, unless the latter's personnel be specified for each survey instrument.

the licensee (the well logging company) are also properly trained, which would. '

%Is intenelle adequate, based on snay not have the legal authority or be duplicative and costly: licensing experience.to ensure the resources to recover a tool and its (3)l.icensing well owners or operators proper operation of the instrument and sealed source ifit becomes lost in a as well as well loggers may create is consistent with practices presently well ne wellowner or o retor confuelon about who is responsible for required in welllogging licenses.

controls the activities at e well When radiological safety when the sealed a tool containing sealed source is lost in C l. coa Testing ofScoledSources source enters or leaves the well.

the well, the well owner or operator The Commission is interested in %e proposed rule (l 3935) would could engage a fishing company to comments on the costs, advantages, and require that sealed sources be leak recover it.%e fishm company is disavantages of the proposed approach tested at least every 6 montha Because and on the alternative. these sortes are subjected to rough wn ro ret .T Icense we7 '" '" '

logging company haa no legal right to B. Rodiotion Detection Instruments n nsin el('l ece a that direct or control the activity of the The proposed rule ($ 39.33(a)) would maintain their integrity. A leaking fishing compay.Therefore, the require that a licensee have a radiation thefed sea source. if undetected, could cause survey instrument at each field station extensive radioactive contamination to if See and th wc! wner or o erstor and at each ternp rary l boite %ese the well, equipment, personnel, la necessary to obligate the well owner survey instruments are needed to envir nment The leak test requirement or operator to (1) recover the sealed perform e utine radiation surveys and to is consistent with the current source in a safe manner. (2l properly m'8:ure f f 8ny potentialradioactive requirement for wellloggers and many abandon an irretrievable source, and (3) c ntaminati n Each surveyinstrument other types licensees.

prevent reicase of contaminated w uld have to be capable of measuring Several exemptions are provided in equiprnent or areas until they have been 0.1 milliroentgen per hout through at the proposed rule to reduce the burden decontaminated least 100 milbroentgens per hour.%e ofleak testing on the industry.ne it should be noted that the NRC is sealed sources exempted from leak snaking the licensee respoasible for the requirement houris pro osedof to milbroent[

because a censeeens pertesting requirements arejhose thei scaled source occasi nal y needs to define the would present essentially no hazard to the seated sourceduring wellfrom is remose lodging the until boundaries of a high radiation area as the public or the environment in the temporar) jobsite or the completion of event of a leak because they contain required by to CrH 20 203(c)(2) A the abandonment procedures. If the grandfather clause (for a period of 5 either gaseous, short ln ed, or small source is determined to be irretries able.

Thus. NRC is making the licensee years)is provided for esisting survey quantities of radioactive materials instruments capable of measuring 01 yp jgj , ,

responsible with for or the regulations mWa entgen per hour through at least ensurinfor pursuingcompliance es ery legal avenue, based on the written 20 rnhoentgens pn hout to seduce the %e proposed rule (l 39 37) would ec nomic impact on hcensees A Sqear require that a semi. annual physical agreement, to achieve coraphance.The eriod is proposed because the es erage inventory be made to account for written agreement could assign to the well owner or operator. under the

[ife f a field use suney intrument is sources oflicensed material This supersision of the brensee in areas of estimated to be 5 years requirement is needed because the Ahhough the required radiation source used in well logging operations radiation safety, the responsibthly for suney instruments are adequate for are frequently transported to and from carr> lng out the recovery operations or abandonment procedures. llowever, the routine radiation suncys, they are not temporary lobsites An accurate accoua.t written agre ement could not transfer the designeJ to handle unhkely esents such of each of the sources would ensure that possenion of the soled source from as thr rupture of a seated source no source has been lost The fk month one pary to another without specific resulting in low.!n el wntamination of period is proposed bec ause a hcente e NHC approval. americium 241 in the diilhng fluid or could conduct a physical ins entory and

't he Commission conside red another mud Therefore, the proposed rule would leak testing at the same time lthus.

arproach to allocate responsibihty also reqalte that a hcensee base reducing its burdens among the sarious parties insched in as silable. when needed. radiation g pgj n g ,mf p,7fg7,onc, cfgefj,fgf the well logging operations it would detection instruments (for enample, a Scaled Sourtn hase provided a general htense to the high range suncy meter or a sodium well ow ner or operator, whiches er lodide cr} stal detector) that are capable Design and perfortnance criteria are engaged the well logging company. of measuring radiation levels or proposed in i 39 41(a) for all sealed Under this approat.h. NRC would base contrination lesels which could be sources encept those containing gaseous imposed the same safety requirements encous, red during an acccident. l'or licensed material These have been as would be contained in the written example, before the initiat.on of proposed as minimum requirements, and agreement directly on the party that had retosery of an americium-241 source are the same (encept for the pressure the authority to fulfdl these from a well, the licensee would hase to test) as the requirements for well-logging requirements. This alternatis e was not hase an Instrument present at the sourt.es in Industiy standard ANSI N542, pursued for the following reasons: lobsite that is sensitive enough to detect " Sealed Radioactive Sources.

(tl Current industry practice. of americium-241 contamination Other Classification." pubbshed by the having written agreements between types of accidents could also result in Nationallluteau of Standards (Nils licenters and well owners or operators, high radiation levels, thus, a blah range llandbook 126)in 1978-I has w orked satisfactorily for the last 20 survey meter may be needed. He llowever, sealed sources used in well.

years, heensee could own the instrument or logging are sublcci to more severe

t 13ees Federal Register / Vol. 50. No. 67 / Monday. April s.1985 / Proposed Rules environmental conditions, such as high intervals not to exceed a months.%e in addition. a licensee would not be pressure and high temperature. licensee would be required to check the allowed to inject any licensed material Herefore, several additional equipment and tools for labellegibility into a fresh water aquifer as part of a requirements are proposed to provide and for the absence of physical damage. subsurface tracer study unless further auurances that, under accident if any equipment or tools critical to specifically auth prized to do so by the conditions. the source is unlikely to lose radiation safety were found to be wom Commission, because the water could be its integrity. nese requirements would or damaged. paragraph (c) would used for hurr an or animal consumption specify that each Individual sealed require thtt the licensee remove them or to irrigate crops.

sobrce would have to (1) pass a pressure from service until repalts were made.

test; (2) be doubly encapsulated, and (3) Paragraph (d) of this section would H. Radioccrive AfotActs cont:in licensed material in chemical prohibit the licensee from performing The proposed rule (139 47) would and hysical forms which are as maintenance on a sealed source or a prohibit the use of radioactive markers inso uble and nondispersible as source holder containing a source. (used for determining the depth of a practical (for enample, ceslum chloride unless the licensee has a written well), unless the radioactivity of each would not satisfy this requirement instruction approved by NRC.%is marker. at the time ofinstallation, is less because it is soluble in water). A single maintenance may include changing the than the quantity specified in i 30.71, encapsutated source has a greater 0-ring on the source holder containing a Schedule B.%Is limitation in the

'"8' 8 8 8d osc ve source or changing the seale3 source amount of radioactivity is necessary n m ni ]s nh a r m ne a urce holdu to anothu because it is impracticable for the encapsulated source and soluble or e uru holdu.nis requinment is espersible material'from a ruptured I censee that installs the radioactive source could cause more radioactise ""

t ihe ed paled becaun the wmku source uring t(aisvny clou marker to recover the marker when the contamination than less soluble'less well owner or operator remmes the well

'I" casirgs fr m the well at a later date.

Cspusible material. nese requirements '",'[*"'"'y da o d ubst a sou ces n e logging. (2) nl:ucu n w uld also pr hibit a L Uronium SinAcr Bors resultinlower probabihty of source Ii"' I' " I 'CI"8

• 8 '"'k *I'd De popoud rule (l 39 49) would rupture in the well, and (3) mitigate the e urce out of the source holder or out of require that after lone year from the logging tool by operations that could consequence of contamination in the effective d.sta of the final rule] cach event of a rupture. '"d'nger its integrity unless specifically uran;um sinker bar (used as a we:ght to The proposed rule would require that authorized by the NRC. Prohibited pull a logging tool tow ard the bottom of C license not use a new sealed source operations could include, but would not a well) bear a legend. *CAtJilON-m=fattured after l1 year after the be limited to; drilling, cuttng, or RADIOACTIVF,-DEPlfiED thlseling Dese operations would be CIfective date of the final rule) unless it URAN!UM" and " NOTIFY CIVIL b designed and manufactured in prohibited because they could AUTitORillES (or COMPANY NAME) accordance with proposed I 39 41(a). accidently rupture the sealed source and IF FOUND." This requirement is needed He 1. year grace period is proposed to could cause radioactive contamination of the facility, pusonnel and to ensure that. if a uranium sinker bar is provide sealed source manufacturers lost, someone who finds the bar could sufficient time to produce sources ens tronment. For similar reasons, a identify it as radioacthe and would complying with NRC's requirements. licensee would be prohibited from return it to the company. (Ilec ause Sc: led sources manufactured before repairing. opening. or modifying a sealed uranium is source material. the I cenue

[t yrt after the effective date of the source unless specifically authortred by must also comply, as necessary, with .

Final rulej could be used by a i censee NRC to perform these operations.

requiremente in to CFR Part 40, until [2 years after the effective date of C. Subsurface TrocerStudirs the final rule] After this 2 ) ear period, " Domestic., Licensing of Source Radioactis e materlats in liquid or gI8'"idj8 I howes er, these sources could no longe, be tied unless they were certified, by gescous forms and other materlats, such 7 p,, of s,aledSource in a ll'r/I the manufacturer or other testing as sand labeled with radionuclides, are it'ithout Surface Cosits satisfied the und as tracer materials in subsurface org:nlaation, as havinfin I 39 41(b).tracer e studies %ese materlats could The proposed rule (l 39 51) would requirements A:y source atsdecifie could not rceet the accidently spill on clothing contaminate prohibit the use of a scaled source in a hands, be ingested, or. in the case of well without surface casing unless perforciance criteria proposed in 9 39 4t(b) would have to be phaud out gaseous or volatile material, be inhaled procedures for protecting fresh Water d welllonR ng i Most sealed sources by personnel. He proposed rule aquifer tones are specifically apprmed ma:ufactured after 1978 have complied (h 39 45) would require that protecthe by NRC,(A surface casing is a pipe or with the ANSI Standard and there out. clothing, and other equfpment be tube und as lining in the well in isolate 3

should not be a problem in their ability used by Individuals who handle tracer the fresh water rone from the well). He to comply with the requirements materials. When volatile materials such purpose of this requirement is to specified in 6 39 4t(b). as to&ne are handled by employees of minimfre the possibihty of licensees who have bloassey contamination of fresh water aquifer F. Inspection, Afointenonec, and requirements incorporatcd in thelt nones by accidentalrupture of a sealed Opemns of Source or Sourre Holder licenses In accordance with 6 2a108, a sourre. In general, most wells have De proposed rule (l 39 4)(a)) would bloessay could be required when those surface casings to prevent oil or other require that each licenne inspect employus work in field opera,tions with particulates from entering these zones.

equipment and tools for obvious defects more than 50 millicuries of I-123 or l- llowever,if surface casings cannot be bef re the equipment la used each day. 131. A licensee would also be required placed, a licensee may not use a scaled Furthermore, peregraph (b) would to maintain the temporary jobsite and soutco in an uncased well, utess NRC require that each I censee inspect and the field station free from contamination has specifically approved the hcensce's en:l:tain equipment and tools at from hc ensed materials. prot edures for proviang adequate

q_ i i_.2 .i _ _,,.J ._ _ __ _- -. . _ ... m_u,._ _ _

1 ,m Faderal Rasloter / Vol. 50. No. 67 / Monday April a, Isas / Proposed Rules neot L Operating andes $ergency Needuru contaminated equipraent, argas, or

, protection of the fresh wster aquifer personnel. Guidance on release of from radioactive contamination De proposed rule (l 30 63) would equiprnent or areas for unrestricted use Because most uncased wells are ord encounteredinmineral require that each licensee des elob and follow written procedures for we le avallable casebcase from the NRC Ing censees performingmineral in general,limita similar to those in logging operations and for dealing with logging operations may want to provide Re emergencies.%ese written procedures %gulatory e licensee may Culde 1.astheshould be met.

perform specihc comments on this re utrement, would also be need as- (1) training especially on the feasibhty a protective decontamination or mee a contracting oc meterials for instructing logging

' ' " " '

• consulting service to perform it. Dese supervisors and logging assistants. (2) requirements are important to avoid the K Training reference materials at a fic!d station and possibihty of unnecessary wide spread at a temporary jobsite, and (3)

Although general requirements on contamination if a sealed source is instrucuon and training are specif ed in supporting documents la licensing ruptured. The monitoring would detect 10 CFR 19.12 and 30.33(a)(3), th, applications.

proposed rule (l 39 61) would esta.blish Af. Personnel Afonitoring and Radiation ""d h' " ""'" ' '* "8'"'I specific training requirements for Survrys procedures would limit the spread of' logging supervisors and longing %e proposed rule (l 39 65) would contamination. Furthermore, assistants. Licensees would be require that logging supervtsors and decontamination would prevent prohibited from permitting an individual logg!ng assistants wear personnel contaminated objects from leaving the to perform well-logg!ng operations monitoring equipment at all times during site and thus further prevent wide.

unless the individus! has been properly spread contamination to pubhc areas.

the well4ogging operation.%e trained in accordance with the requirements in i 39 85 (a), (b), and (c) requirements specified in this section. O. Security, are speclhe applications of the existing Training le needed to provide radiation broader requirements in ll 20.108. He proposed rule (l 30.71) would workers with sufhcient know!cdge end 20.202, and 20 401, respet.tively. These require that the lic.cnsee maintain practice! experience on radiation safety regulrements are repeated in this part surveillanca and control of the jobsite's to ensure safe use oflicensed materials because they constitute key features of a restricted areas (as defined in part 20)

The level of knowledge they would need radiation protection program. and pres eat unauthorized personnel, would depend. of course, on their Similaily, the proposed rule (l 39 67) such as emplo)ees of an oil company or responsibilities. would,also require that the license' didling company, from entering a P or logging supervisors, the proposed conduct radiation surveys. %In restricted area This requirement is rule would require, at a minimum. 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> of formal classroom training in the requirement is a specific application of needed to avoid the inadvertent the existing broader requirement in emposure of these personnel to subjects listed under l 39.61(e).

Furthermore, it would require that en i 20.201. " Surveys." Instead of the 2 radiation. ,

Indisidual must base, at a minimum.3 years retention for survey records as P lA>cuments and Records llequired of months of on.the job training This specihed in i 20 401, a 3 year retention Meld Stations and Temporary fabsites requirement la nee ('ed to ensure that a period is proposed because the NRC logg!ng supervisor has sufhcient insnection period is every 3 years for The proposed rule (ll 39 73 and 39 75) prectkal eaperience on radiation safety wefilogsfr glicensees w ould requirt that certaln documents p:ocedates to handle routine operations if gaseous or volatile tracer materlsts and records be kept at a field station or arid unantitlpated emergenrics in a safe are used. the Idensee rnay be required a or %en n mrds au me.nne r, to roside blonssa) senice to needed e that operating personnel can llecause loyging assistants work under in alduals handhng the tracer materials have easy access to the documents the) the personst supenision of a lot.png (l 39 6Mb)) Whether a bloans.e) is need to puf rm the job, to follow any supt rsiwr, their training requitt ments needed depends on the type of opnahona res cHon or to use E.in 1.t less str.npn! th *. t!st fot the rad.nactar material and quant,1) used ena pty y uduas d an secMe nt ly; lng supenlants he proposeJ rule Icor a sample.Regalator) Cu!de a 20. ouars Rec rds of red;ation sunen would require that an atmtant be "Apphcations of thoassny for 1-12.5 and instrument cabbrations, eraled source instracted on appbcable sectn no of I-131," states that blossa3i stould b, Irak tests, etc , are needed I r the Parts 19,20. and 21. and on the performed when individuals work in licensee to make safety checks of to licensce's operating and emt rgeny field operations with more than 50 .

check schedules for maintenance %c procedures it would also require that milheuries of I-125 or 1-131 recordkeep!ng requirement would also the indaldual be able to use remote M Contam/not/on Control enable NRC inspectors to determine ,

tools, survey Instruments, etc., to whether the requirements base been perform work properly under the The proposed rule (139 64) mould rnet.

supeniston of thelegtng supervisor, require that licensees monitor for The proposed rule would also regulre radioactive contamination during fahing Q Nots /scofion ofIncidenis ondlest that toiming supervisors and loggins or source recovery operations. Initists Sources and Abandonment Procedu~ s assistants be retained annually after amergency procedures if a sealed souru for Irrettierob/c Sourtes their inillel training %Is perimhc ruptures, and decontaminate any ne proposed rule ll 39 77(s)) would rettmining is needed to:(1) Refresh thelt equipment, personnel, or environrnent thet is centaminated. This requirement require, in addition to general reporting understanding of basic rediation safety le needed to assure that any rupture of a requirements in Part 20,immediate practices,(2) instruct them en any new notibcation if (1) licensed material has procedurce or on the use of new sested source in a well during a fishing been loal in or near freshwster aquifers endiation eletection instruments and new operstlon is detected and reported and tools, and (3) review regulator) that emergency procedures are initiated, or (2) a sealed source bas been ruptured Also, paragraph (c) would require that at the licensee's fackhty.or temporary requirements or new regulations whkh inbsite. nis requirement is needed may affect their work the liunsee decontaminate any n

13802 Federal Register / Vol. 50, No. 67 / Monday April 8,1985 / Proposed Rules' becau'e s these conditions could cause proposed requirements are designed to affects about 173 specific licensees of radioactive contamination, control the u.e of licensed materials in which approximately 60% are small Parayaph (b) would also require that well. logging operations. On the other entitles based on the size standards of the licensee notify NRC of incidente and hand, these requirements,if adopted, the SmallBusiness Administration get lost sources. (His does not include loss would reduce occupational radiation out in 13 CFR Part 121 (February 9,1964, of a sealed source lodged in a well exposures and would also reduce the 49 FR 5024).These licenses are issued to because it is covered by paragraph (c) of chances for and consequences of companies performing well logging this section ) The requirements are accidents involving licensed materials. operations' -

resent! contained in a more general Furthermore, most of these requirements orm in i 20.402,20.403, and 20 405 and The Commission estimates that the are already being complied with by licensees as licensing conditions. total cost of compliance with the are repeated in specific form for the sake of completeness. Therefore, the proposed rule would have requhments contained in this proposed Paragraphs (c) and (d) consolidate the no measurable negative environmental regulation would be approximately existing regulations.10 CFR 30.50 and impact.The environmental assessment WOO a year b an smage wMog#ng 70 80, on irretrievable well. logging and finding of no significant impact on licensee. llowever, many well. logging sources into one section in Part 39. The which this determination is based are licensees are already complying with consolidation would be beneficial available for inspection at the NRC most of these requirements because the because it would put all requirements Public Document Room.171711 Street requirements are currently imposed as for well logging operations in a single NW., Washington, DC. Single copies of conditions of the license under which part.%e proposed teat is essentially the the environmental assessment and they operate.Therefore, the acutal same as the existing text under il 30.50 finding of no significant impact are increases in the compliance cost to most Cnd 70 60, which would be deleted. available from Dr. Anthony N.Tse, licensees would be considerably Office of Nuclear Regulatory Research, smiller.The cost to an aserage well-it. ApplicationforEarmption . U.S. Nuclear Regulatory Commission- logging licensee for those requirements ne proposed rule (l 39 91) would Washington, DC 20555 (301-443-7901). not already imposed under a license Paperwork Reduction Act Statement condition would be approximately x t o fro t eq remen e in this $2.000 a year.

part. %Is section is needed to allow This proposed rule contains new NRC to judge on a case by-case basis information collection requlrements that he Commission does not believe that whether certain requirements can be are subject to the Paperwork Reduction this regulation would impose a w:lved if it determinee that the Act of 1900 (44 U.S.C. 3501 et seg 1. It significant economic impact on most cremption will not result in undue has been submitted to the Office of licensees A detailed analysis of the cost hasard to life or property. Management and Dudget for reveiw and of each Individual requirement imposed approvalof the paperwork by the regulation appears in the

"""# 7 requirements. Regulatory Aralysis prepared for this ne Commission believes that the action. The Commission is particularly proposed rule,if adopted, would proside Regulaton Analysis interested in receiving comment from o compr6ensive and consistent set of %e Commission has prepared a draft wett. logging licensees on the cost regulaNrs that would help maintain regulatory analysis on this proposed estimates contained in the Regulatory comNtt' .lity between NRC's and regulation. He analysis esamines the Anal) sis and on the assumptions on Ageement States' regulations. costs and benefits of the alternatives which these estimates are based. The -

t urthermore, the proposed rule would considered by the Commission.The Commisalon is also interested in cleo establish additional requirements draft analysis is available for inspection recelsing comment from smalllicensees Cat would reduce the potential for and in the NRC Public Document Room,1717 about the potentiaIimpact of the severity of an accident. The Commission il Street NW., Washington. D C. Single -

pr p sed regulati n and the resultant clso believes that the economic impact ' copies of the analysis may be obtained c st of these requirements on their of the rule would be small. %e from Dr. Antfiony N.Tse, Office of l economic impact is analyacd in detall in Nuclear Regulatory Resehrch, U S. opnations.

O draft regf atory analysis prepared on Nuclear Regulatory Commission. Any small entity subject to this Cis proposed rule. Washington. DC 20553 (301-441-7901). regulation which determines that.

l Interested persons are enco raged to The Commission requests pubhc because of its sire,lt is I hely to bear a comment on the proposed rule, on its comment on the draft analysis. disproportionate adverse economic impact on the public and the industry. Comments on the draft analysis may be impact should notify the Commission of and on the draft regulatory analysis. submitted to the NRC as Indicated under this in a comment that Indicates the the ADDRESSESheading following:

Finding of No Significant Eastronmental hepact: Availability Regulatory flesibility Certification (a) The licensee's size in terms of ne Commlesion has detemined under As required by the Regulatory """'""' , *' """'""l """

emp yees number of wel logging the National Enstronmental Policy Act fleulbility Ar.t of 1900, S U S C. 605(b),

of 19e9, as amended, and the the Commission certified that this rule,if trucks, and eserage number of wells Commission's regulations in Subpart A adopted, will not have a significant I"88'd ''IC'd """"'Il l i of to C3 Part St, that this rule,if economic impact upon a substantial (b)llow the proposed regulations number of small entitles. %e proposed would result in a significant economic adop'ed, would not be a major Federal action significantly affecting the quality rule would provide radiation safety burden upon the licensee as compared of the human environment and therefore requirements. uniformity in the NRC and to that on a larger licensee: and

, an environmental impset statement is Agreement States regulations, and * (c) flow the proposed regulations could be modified to take into account not required.Uls rule would not requirements that would reduce the significantly affect the quahty of the risks of accidents involving radiation or the licensee's differing needs or human environment because the radioactive materials. The proposed rule capabihtles

,, _ . .~ m -

i w . . ._ - _ - _ -_---- o _ .m_

Taderal Reglater / Vol. So, No. 67 / Mond:y, April 8.1985 / Proposed Rules 13eo3 Met et sub), cts s0Cix Artis0 subpart F-tawnettens b

70 CTR 7bre JP Hazardous materiale-transportation. 3, ,, 3,,iic,,io,, go, ,,,,,,3,,,,

Environmental protection. Nuclear Intngosunmental relaties. Nuclear subpart 0-Enforcement snaterials. Nuclear power plants and snatnials, reactors. Occupational safety and recordkupingPenalty. requirements. Reporting Secun and ,tyse101 Violations.

measures, Source metcrial, Special Authertiy: sections 53.si,e2 63.as.ap.et.

health Penalty, Radiation protection, Reporting and recordkeeping nuclear meteriel. a2.1st.1s2.isa.1as.se si. e29.sao.s32.

"d requirements. Ses discrimininstion. For the reasons set out in the prvamble and under the outhority of Ihe

[3$3","[,'Nd**g'79gI

, s ,

to CTRIbrt 20 209120ul 20'4 2099, 21M. 2H2. 2201. 2232 Atomic Energy Act of 1954. as amended. 223( 22821 seu 20t e, erncnded 202.2nn en B3product material.lJeensed the Energy Reorganization Act of 1974. Stat.1242. es amended.1244 12st,(42 U $ C material. Nuclear materials Nuclear aa amended, and 5 U.S C. 553, the NRC ss41.6o42.sato) power plants and reactors Occupational la proposing to adopt to CFR Part 39. For purposes of sec. 223. en St.i osa es safety and health. Packoging and amended 142 U S C. 22n). Il 3915. 30.31-coniainers, Penalty. Radia tion It is proposed Io amend to CTR as 39 51. 3e 61-se n are issued under sec telb.

protection, Reporting and recordkeeping follows- on Stat. sea. as amended (42 U.S C 2201lt 11 requirements. Special nucleat material, 1. Part 39 is added io 10 CFR Chapter I and ll 30 in. 39 3F3e 43. 30 61-39 67,39 7b to read as follom s- 39 77 are lasued under sec.1610,68 Stat. 960.

Source material, Weste treatment and as emended (42 U.S C 2201(oll d PaaI. PART 39-UCENSES AND RADIATION Subpar 1 A-GeneralProvisions 10CTRibrt21 SAFET1r REQUIREMENTS FOR WEll.a Nuclear power plants and reactors. LOGGING OPERATIONS 9391 Purpose and scope.

Penalty, Radiation protection Reporting

• Subpart A-GenefalProvisions (a) This para prescribes requirements and recordkeeping requirements. for the issuance of a bcense authorizing use Mcense in a inclu&ng 10 CfR !briJO 1 purpose and scope scaled sources. radioactise tracers.

H3 product meerial Covernment contracts. Intergos ernt' ental telations,

$ ,g"[,' j ,, n, radioactive markers. and uranium sinker bars in well logging operations in a 39 8 informahon collection requirements Isotopes, Nuclear materia.s. Penalty- OMtj oppros et single well.This part also prescribe:

Radiation protection, Reporting and radiation safety requirements for recordkeeping requirements. P* L8C'"*3"9 persons using licensed materials in these operations. The prosisions and 10 C17F ratt 39 391t Applicatiori for a specific luense requirements of this part are in addition Dyproduct material, Nuclear m,aterial. 3n13 specifa laenses for weil logains to. and not in substitution for, other .

Oil and gas exploration-welllogging 'P"*'*"' requirments of this chapter in Penalty, Reporting and recordh ecping " 1 *j',9,"i ' '" '*"*8"' "' " "h particular, the provisions of Parts 19. 20.

net ot rato requirements. Scientific equipment 3917 Request for uniten statements 21,30,40. 70. 71, and 150 of this chapter Security measures. Source material'. appl) to apphcants and hcensees Special nuclear material. subpart C-Equipment Control subject to this part.

10 C/7f Part 40

"" "'""'I'"d"'P"'*" (b)The requirements set out in this Gosernment contracts,llarardous 39 31 I on detection instrumerit, patt do not apply to the issuancr of 6 39 35 1.een testing of sealed sources license authorizing the use of hcensed m e te rials--transporta tion. Nu clear rnaMalin tracn stuan ins oMng matcrials, Penalty. Reporting and 39 3' ptas:calinuntory pM Uhlaahon records multiple wells e.g , field flooding recordkeeping requirernents. Soarce " #"

material. lfranium ,,, ,I",(,,

n 3* 43 In'punon m.6r. ten ro end op rq l 29 2 Definaions 10 C1# rart 31 " Casing" rnee.ns a ma tal rij+ ur tube Adminlitratis e practiu and w 43of s.twf,,cs a sm. rte or trecsou',ce holder

, stuen used as a kning for oil of gas wells to proc edure, f.ns tronmr r.tal imput as 4- R.&o.ci m a a.keti present collapse of the well bore statrment. Nur! car materials. Nuch or p 49 Ursn u n sirier bars pH Up of a weled snuru in a meti rield station" means a faciht where power plants and rentors. Reporting licensed material may be stored)or used and tecordkeeping requirements

• Hhou'**rf* M (**in8 and from which equipment la dispatched Subpart D-Madiation safety Mequeramante to tempotary jobsites.

toCHIPart70 39 81 Trainins "Tresh water aquifer " for the purpose liarardous matelrlafs-transportation. 34 r.3 Opetahns and emerrne) prog edores of this part means a geological Nuclear materlate. P,ackaging and n a3 p,,sonn'i mon0"r8 formation that is c.apable of pelding a containers. Penalty. Radiation soa* Ra&ation surse)s an nu pa&onttu contaminanon control signihtunt amount of fresh water to a protection. Reporting and recordkecping hfur ) cas j" u ! t subpart E--Sacurfty, Mecords, Noutecations in I col" means a device used 38 71 Senirlf y- for controlled subsurface injertion of materia]' au 73 Ducuments and rewrde required et radioactive tracer material toCniPart 71 field sianon: "Irretries able well logging source" llatardous materials-transportation, #8, ,",,j)',,

f,""I' '"" means any sealed sourte containing Nuclear materials. Par kaging and 3e n Not.fication of ancidents endlos, licensed material that is pulled off or not containera. Penalty, Reporting and sourses abandonment pmredven for connected to the wirchne that suspends treordkeeping requirements imtrieutte sources the source in the well and for which all db

_f ,, ,

13804 Federal Register / Vol. 50. No. 67 / Monday April 8,1985 / Proposed Rules fee prescribed in i 170.31 of this chapter.

reasonable effort at recovery has been ' logging tool down toward the bottom of

, a well. He application must be sent to the sapended. appropriate NRC Regional Office listed f

" Licensed material" means byproduct "Well bore" means a drilled hole in '

which well logging operations and in Appendix D of Part 20 of this chapter.

material, source material, or special nuclear material received, possessed, subsurface tracer studies are performed. l 3M3 Specmc scenm toe weNogging "Well-logging" or " wireline service used, or transferred under a license operation," for the purpose of this part.

'P*****-

issued by the Commission under the %e Commission will approve an means the lowering and raising of regulations in this chapter, measuring devices or tools which application for a specific license for the

" legging assistant" means an use of hcensed materialin well logging individual who assists the logging corfain hcensed materialinto well. operations if the applicant meets the bores or cpvities for the purpose of supervisor in performing the well, ot:sining information about the we!! or fo!!owing requirements:

logging operations. adjacent formations which may be used (a)He applicant shall satisfy the

" Logging supervisor" means an in oil, gas, mineral, or geological general regulrements specified in 130.33 Individual who provides personal of this chapter for byproduct material,in exploration.

supervision of the use oflicensed "Well logging operation" means any I 40.32 of this chapter for source material at the temporary lobsite and activity involving licensed material material, and in i 7033 of this chapter who is responsible to the licensee for for special nuclear material, as -

Performed in a well, including well-casuring compliance with the logging, mineral logging, subsurface appropriate, and any special requirements of the Commission's tracer studies,use of radioactive requirements contained in this part, regulallons and the conditions of the markets, radioactive Iron nells, uranium (b)The applicant shall deselop a license. sinku bars.,and radioactive sands. program for training logging supenisors

" Logging tool" means a device used " Wireline ' means a cable containing and logging assistants and submit to the subsurface to perform well logging. one or m te electricalc nductors whic) Commission a schedule or description of

" Mineral lo ing" means any logging is used to lower and raise logging tools this program which specifies the-pe: formed for e purpose of minesel in the well bore. (1) Initial training:

emptoration other than oil or gas, (2) Annualretraining;

" Personal supervision" means g 39.5 Interpretations. (3) OnMob training; g Idance andinstruction by alogging Except as specifically authorired by l4) Means the applicant wdl use, eaper Isor who Is physirally present at the Commission in writing, no including a copy of the written test, to the temporary jobsite and in such interpretation of the meaning of the demonstrate the logging supervisor's proximity that personal contact with the regulations in this part by any officer of knowledge and understanding of and logging assistants is maintained and that emplo)ee of the Commission other than abihty to comply with the Commission's 1:amediate assistance can be given- a written interpretation by the Cencral regulations and licensing requirements, "Radioattive marker" means licensed Counsel will be recognited to be binding and the applicanfo operating and i mattrial used for the purpose of depth upon the Commission. emergency procedures; and i determination or direction orientation. 6 M e Information conect;on (5) Means the appilcant wdl use,

, nis term includes radioactive collar requiremente: OMB approvat. including a copy of the written test or an markers and radioactive iron nails, outline of the oral test, to demonstrate

" Sealed source" means any hcensed (a) The Nuclear Regulatory Commission has submitted the the logging assistenra knowledge and material that is encased in a capsul, understandinjiof and abihty to comply information collection requirements designed to prevent leakage or escape of contained in this part to the Office of with, the appbcanfo operating and the radioactive rnaterial. Management and Dudget (OMU) for emeraency procedures.

• Source holder" means a housing or (c)The applicant shall establish and appmsal as required by the Paperwork

! assembly into whkh a sealed source is Reduction Act of 1980 l44 U.S ,3301 et submit to the Commission w ritten i

placed for the purpose of facihtating the seg ). OMB has appros ed the operating and emergency procedures as 6 handling and use of the source in wel1 Information collection requirements described in 139 63.

logginft operations. contained in this part under control (d) lhe app 1kant shall estab!!sh and

" Subsurface tracer study" means. for submit to the Commission a program for number 315G-the purpose of this part, the release of (b)The approved Information annuatintemalinspections of the unsealed license material of a substance c llection requirements contained In this pnformance of eachlogains supervisor labeled with licensed materialin a part appear in ll M 11,3913, M 1S, and aselstant to ensure that the single well for the purpose of tracing the M 31. M 33, M 35, M 37. M M, M 41, Commission's regulations, license mosement or position of the materialor M 43, M W, M 61, M 61, M 67. M 73, requirernents, and the applicants substance in the well bore or adjacent 39 75, and 39.77, opetellnp and emergency procedures are formation (this term does not include the followed by these personnel. Inspection use of licensed materialin field flooding Subpart B-Speelfic Ucensing "W'd' *"'I D' "'8I"'d I ' 3 I'

studies). Requirementa aHS *ach annualinternalit spection .

• Surf ace casing" means a pipe or tube (e)De applicant shall submit a used as a lining In a well to isolate the $ 39.9I ApplicatJon for a specme scense.

6 - docription of its overall organizational fresh wster tone from the well. A person, as defined in j 20 4(k) of structure pertalning to the well logging

• Temporary jobsite" means a place to this chapter, shall file an application for operations, including specified whkh licensed materials are dispatched a spec.ific license authorf ring the use of delegations of authority and

, licensed materialin well logging to perform well. logging operations or responsibility, operations on Form NRC 393, (0ll)If the applican't wants to subsurface tracer studies.

"tfranium sinker bar," for the purpose " Application for Materf al lJcense." Each conduct and evaluate its own leak tests, of this part,means a welaht contelning apphcation for a license. other than a it shall establish procedures to be depleted uranium used for the purpose license esempted from Part170of this followed inleak testing sealed sources of prosiding additional force to pull a chapter, must be accompanied by the

p..-------------- -

, . ._. mm 2 l Federal Resister / Vol. 50. No. 67 / Monday. April 8,1965 / Proposed R:les 13805 for possible leakage and contamination snauthorized personnel. ne !!cenace (C)ne date the source was and submit a description of these abandoned, shall store licensed materialin a manner which will minimize danger from procedures to the Commission. He (D)The name of the well owner or description must include the- well oper,ator, as appropriate; emplosion or fire.

(1)lnstrumentation to be used; (E)The well name and well (2)ne licensee shalllock and (ii) Method of performing test; and identification number (s) or other physically secure the transport package

• containing licensed material to the 3 (ift) Pertinent experience of the person designation; (F) An identification of the sealed transporting vehicle to prevent who will perform the test. accidentalloss, tempering. or (2)If an applicant wents to use a leak source (s) by radionuclide and quantity; test kit,it shallidentify the (G)He depth of the source and depth unauthorized removal of the hcensed to the top of the plug, and material from the vehicle, manufacturer and the model r. umber of (c) Transportation prerou' ions. The the kit, til) An appropriate woming such as "DO NOT RE INIT.R Tills WELI " licensee shall comply with the 9 3015 Meguirement for en agreement (c) A licensee may apply under i 39.91 applicable provisions of the

8' ** 8 ** " 'P8' for Commission case by case approval transportation regulations prescribed in (a) A licensee shall not perform well- of proposed procedures to abandon an Part 71 of this chapter. (Transportation logging with a sealed source unless it irretrievable well logging source in a of radioactive materialis also subject to executes a written agreement with the manner not otherwise authorized in the Department of Transportation's well owner or operator, whichever paragraph (b)(4)of this section. regulations in 49 CIR Parts 171 through engaged the licensee to perform the 178 mhich include provisions for proper 1 39. 8 MegueeHoe wrinen statanta. packaging. marking and labeling, well-logging operation.He licensee shall retain a copy of the wrliten Each license is deemed to contain the placarding of the transport vehicle.

condition that the licensee will, at any r90nitoring. accident reporting and for agreement for 3 years after the completion of the welllogging operation time before expiration of the license- shipping papers )

(b) This written agreement must upon the Commission's request, submit written etstements, signed under oath or i 39.33 maastation detection instruments.

specify that:

(1)If a sealed source becomes lodged affirrnatiot to enable the Commission to (a)he licensee shall keep a in the well, a reasonable effort will b, determini whether or not the license calibrated and operable radiation made to recover it; should be modified, suspended. or sursey instrument at each held station revoked and temporary jobsite to make the (2) A person may not attempt to radiation suntys that are required by recos er a sealed source in a manner subpart C-Equipment Control this part and by Part 20 of this chapter.

which. in the licensee's opinion, could To satisfy this requirement. the tesult in its rupture; I 39 31 Lotuts, security and transportat6on precautions.

radiation aun ey instrument must be (3)If the environment or if any capable of measuring 01 milbroentgen equipment or personnel are (a) Lobc/s. (1)ite licensee may nog use a source, source holder, or logging per hout through at least 100 contaminated with licensed material. milliroentgens per hour. Suney they must be decontaminated before tool containing lkensed material unless instruments acquired before [one )est telease from i',e site or release for it bears a durable,le ibte. and clearly af ter the effective date) and capable of unrestricted use, and visible marking or la 1. The label must measuring 01 milliroentgen per hout (4)If, after reasonable efforla at contain the radiation symbol specified through at least 20 milliroentgens per recos er) hat e been espended, the in 6 20 203 of this thaplet, without the hour also sat 6sfy this requirement until sealed source is classified as cons entional color requirements, and irretrievable. the following requirements the wording "D ANCI.R (or CAlfTION) l5(b)) ears.after the must be implemented within 30 days RAploAciIVE MATT.RIAt." The label additional the licenice shall haseffectise e asal date) la cabbrated and operab!c af ter a sealed source is classihed as must be on the smallest component that radiation detection instruments capable ter e tries able. tontains the licensed mater 6al of detecting radiation and (t)I'.ach irre tries abh w s,ll Ingqns trans;>orted as a separate picct of contaminatmn les els that could bt source must be immobihned and scaird equipment encountered during w elllogging in place with a rement plus (2)The bo nsee ma) not use a stordpr (ii) A whipstod or other deflection or transport eontainer to store or CPC'ations or in the esent of an transport licensed material unless it has accident The I censee me) own the desire must be set at some point in the instruments or may arrange to obtah well abuse the tement plug. unless the permanently attached to tt a durable, them from a second party, cement plus and soura are not legible, and clearly visible label Th, access 6ble to any subsequent drilling label must contain the radiation symbol. (c)De I censes shall have each in cons entional enlore, and the wording radiation survey instrument require 1 operations. and a under parag'aph (a) of this section (ill) A per r aaent identincation "CAlfilON (or DANGr.HI, RADIOACilVL MATI. RIAL., NOTirY cabbtsted-plaque,e natructad oflonglastins mater'al such as statnfess steel, brass. CIVib AlfMIORfT1r.S (or NAhti: OF ll) At intervals not to ented 6

" months and after instrument servicing.

bronse, or monel, must be mounted at the surface of the well, unless the COMPANY (b) Securi [ty pter outions during (2) At two pointe located storoge and transporfot/on (1) He approntmately 1/3 and 2/3 of full scale mounting of the plaque is not practical- 'on each scale (for logarithmic scale, at De else of the plaque must be at least 7 licensee shall store each sourte trnhes square and %-inch thick.De containinglicensed materialln a na rage mid range of each decade, and at Iwo container or transportation poder points of at least one decade), and plaque mue contain- (3) So that accuracy within plus or

%e emntainet or package rnust be (A)ne word "CAlfl10Ns minus 20 pertent of the true radiation (II)Re radiation symbol (the color loded and physically secured to pretent temperina or removal of level can be demonstrated on earh requirement in l 20 203 of thla chapter licensed materlet frorn storage by scale.

need not be met)

. u ua_ a o ._._ . .._ .

&x. w __ _ _ _ . _ _ . w %.m. u 13eos Federal Resisler / Vol. 50. No. 67 / M:nday. April 8.1985 / Pr: posed Rul:s (d) The licensee shall maintein (2) Sources containing licensed (3)It has individustly passed pressure calibration records for a period of 3 material with a half hfe of 30 days or years after the date of cabbration for testing to 24.000 pounds per square Inch less; inspection by the Commission. absolute without leakage; and (3) Scaled sources containing licensed (4) 11 meets the following performance materialin gaseous form; requirements by prototype testing.

I U #"8'"8 * **"** (4) Sources of beta. and/or gamma- Comp!!ance with the tests le determined

(:) Testing ondsecordAceping emitting radioactive material with an by the ability of the protoype to requirements. Each licensee using a activity of 100 microcuries oe less; and maintain its integrity after each of the sealed source shall have the source (5) Sources of alpha. emitting following tests: .

tested for leakene. The licensee shall radioactive material with an activity of (i) Temperature-the test source must keep a aecord of the leak test result in to microcuries orless. be held at -40*C for 20 minutes, so0*C units of microcuries and maintain the for 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> and then be subject to a record for inspection by the Commission **'"""'*7* thermal shock test with a temperature for 3 years after the leak test is Each licensee shall conduct a drop from 600*C to 20*C within 15 performed. semlannual physicalinventory to seconds; (b) Afethodoftesting A test for account for alllicensed material received and possessed under the (tilImpact test-a 5 kg steel hammer, leakage must be performed on?y by a 2.5 cm in diameter. must be dropped persor, specifically authorized by the license.The licensee shall maintain Commission or en Agreement State to rec rds of the inventory for 3 years from from a height of 1 m onto the test source; the date I the Inventory for inspection (lii) Mbrofion test-the test source berform the test. He test sample must ' ' ""

must be subject to a vibration from 25 taken from the nearest accessible point to the sealed source where hId the u n nd Nn' of 11: t 500 liz at 5 g amplitude for 30 "i""t ""d contam::.s' ion might accumulate. The licensed material. location of the licensed material, the date of the liv) Puncture test-a 1 gram hammer test sarnple must be analyzed for and pin. 0.3 cm ptn diameter, must be r:dioactise contamination. The analysls inventory, and the name of the dropped from a height of 1 m onto the must be capab!c of detecting the individual conducting the ins entory.

test source.

presence of 0005 microcurie of l 39 39 Utittaation records. (b) After [2 years after the effective radioactive material on the test sample. (a) Each licensee shall maintain a date of this rule), a licensee may not use

( ) Testfrequency. Each sealed source record showing the following a sealed source rr.anufacta. d before must be tested for leakage at intervals information for each utilitation of [one year after the effective date of this not to esceed 6 months. In the absence licensed material. rule]. eacept one conteining licensed of a certificate from a transferor that a (t) The make, model number, and a materialin gaseous form, unless the tot has been made within the 6 months serial number or a description of each manufacturer, or a quahfied testing before the transfer, the scaled source sealed source used, organlaation. certifies to the licensee m:y not be used until tested. met h paw som meh (2)In the case of a radioactise marker (d)RemovolofleaAins sourcefrom or unsealed licensed material used for (1)ne criteria of paragraphs (a)(ll.

service. (t)If the test conducted subsurface tracer studies, the (a)(2). and (a)(3) of this section, or pursuant to paragraph (a) and (b) of this radionuclide ant' quantity of actisity (2)The criteria of paragraphs (a)(1).

settlan reveals the presence of 0005 used in a particular well. (a)(2). (a)(3) of this section by prototype microcurie or more of removable (3)Theidentity of theIcgging test. and the performance rquircrr.ent of radioacthe material,thelicensee sh !! supervisor and logging assistants to paragraph (a)(4) of this section.

remcse the sealed source from sersice whom the licensed materialis assigneA (c) The licensee shall keep the immediately and have it and certificatfor, documents described by decontamInsted. repaired, or disposed (4)lecation and date of use of tti paragraphs (a) and (b) of this section for of by an NRC or Agreement State licensed material, intrettlon by the Commiss!on for 3 hc:nsee that is authorized to perform (b) The hcensee shall mainfa!n she )sns after transfer or disposal of the these functions.The licensee shall check records required by paragraph (a) of this sou 6e or tte abanda ment in a well.

the eqalpment associated with the section aval!able for inspection by the leiking source for radioacth e Commlesion and shall retain the recerd iHH WWWntenm and c:ntamtration and. if contaminated. for 3 years from the date of the racorded opening of a *ource or sovece holder.

hae it decontaminated or disposed of event. (altach licensee shallinspect the by cn authortred licensee. source holders. loggin tools, and source I M 41 Desee n and performance ertierte handling tools for ob ous defects before (2) The licensee shall file a report with br ase6*d sourcose the appropriate NitC Reaional Offae the equipment is used each day to hated in Appendic D of Part 20 of thle (a) A licensee may not use a sealed ensure that the equipment is in good chapter, within 5 da)e of the test.The source, estept one containing beensed working condition.

materialin gaseous form. manufactured (b) Each licensee shall conduct a report must descr6be the equipment involt ed in the leakage, the test results, after lone year after the effective date of prove n of visuallnspection and any contamination whkh resulted from the final rulej in well. logging unless the maintenance of source holders,loggir g the leaking source, and the corretthe manufacturer tertifies to licensee that tools, source handling tools, storage

"'U"A I8b' A' the tested sourte meste lhe following cs nielners, transport contelntre.

criteria: injection tools, and sinker bars to ensure (e) Esemptions from test /n# {1)11le doubly encapsulated requ/rements: De folluwing eenled that the required labeling le legible and construct 6on: that whuel physkal damage le absent.

sources are enempt from period 6c leak 2llt contains hrensed ma terial whose %e hcensee shall perform the visual test requiremente La paragraphs (e) ch(emical and physical forms areinepection se anti maintenance at least throuah(d)of this section- Insoluble and non-dispersible as avery a months ne licensee shall l (1)lipfrogen 3 sources. prac.fical, maintain records of Inspection and 6

- ~.- - - .. . .-.-u... _.., _ .._ _ _. .. _

Fegd rrl Register / Vol. 50. No. 67 / Mond:y. $pril 8.1965 / Proposed R:les 13007 maintenance for 3 years im inspection mones, unless procedures for protecting (ii) Units of radiation dose and by the Comtr.ission. these zones are specifically approved by quantity of radioactivity; (c)If the inspection conducted under the Commission. (iii)liarards of esposure to radiation; paragrsph (a) of this section revents (iv)14vels of radiation from licensed damage to the labeling or to components Subpart D-Radiation Safetlf material; critical for radiation safety, the licensee Requirements (v) Methods of controlling radiation shall remove the item from service until dose:

repairs are made. m St T% (A) Working tirne-(a)The licensee may not permit an -

(d) Removal of a scaled source from a indisidual to act as a logging supervisor (B) %'o kl di 1 source holder, and maintenance on (C)Shieldmg.

scaled sources. holders or pressure until that person.

(vi) Radiation safet) practices, housings in which scaled sources are (1)llas completed at least 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> of evention of contamination, formal training in the subjects outlined includin placed, or on other equipment and met e of decontamination, a scaled source may not be in paragraph (e)of this section; (2)llas received copics of and (2) Radiation detection containink rforme unless a written instruction Instrumentation to be used.

a been a proved by the Commission instruction in:

(i) NRC regulations contained in this (i)Use of radiation survey as part ofi e license application. instruments:

part and in the applicable section of (e)If a sealed source is stuck in the Parts 19,20,21,30,40. 70, and 71 of this (A) Operation; source holder or logging tool, the (B) Cahbration; licensee may not perform any operation, chapter: (C) Umitations; such as drilhng. cutting. or thiseling. on (ii) The NRC license under which the '

logging supervisor will perform well. (61) Survey techniques; the source holder or logging tool. unless (iii) Use of personnel monitoring It is specifically licensed b) the logging operations; and (iii) The hcensee's operating. equipment; Commission to perform this operation. (3) Equipment to be used.

(f) The repair, opening. or recordkeeping, and emergency procedures; (i)llandling equipment and remote modification of any sealed source must (3)llas completed 3 months of on-the. handling tools:

be performed only by persons lob training and demonstrated (ii) Ucensed materials; specifica!!y licensed to do so b) the competence in the use of licensed (iii) Storage, control, and disposal of commisalon materials remote handhng tools, and equipment and licensed material; I 39.45 Subsurface tracer studies- radiation survey instruments by a f eld (iv) Operation and control of (a)The licenser shall require all evaluation; and equipment and licensed materials; personnel handling radioactive tracer (4)lias demonstrated understanding (s) Maintenance of equipment:

material to use protectise gloves and of the requirements in paragraphs (a)(1) (4)The requirements of pertinent clothing and other appropriate and (2) of this section by successfully rederal and State regulations. and equipment. The licensee shall take completing a written test. (5) Case histories and potential precautions to asold ingestion or (b) The hcensee may not permit an consequences of accidents in well-inhalation of radioactivo trace material individual to act as a logging assistant logging operations.

and to avoid contamination of field untd that person:

stations and temporary jobsites $ 39.63 Operating and emergency (1)lias receis ed instruction in proceduret (Dioassay senices ma) be required by apphcable sections of parts 19. 20. and Each licensee sha!! dcs elop and i 3 m th)) 21 of this chapter.

follow written operating and emergent)

(b) A lic ensee ma) not inject licensed (2)lias receised copies of and materialinto fresh wster aquifars unless instruction in the licensee's operating procedures that cos er instruction in-specif call) authorized to do so by the and emergency procedures; (a) The handhng and use oflicensed Commis* ion (3)llas demonstrated uderstanding of materials to be employed so that no de mate a hste d in pars,pr ophs (b)(1) Indaldualls hkely to be e osed to l 39 47 Radioactwo markets and (2) of this section b) successfully radiation doses in escens o the limits The laensee me) not use a completing a written or oral test, and estabhshed in part 20 of this chapter.

Iil U's rece instrucHon in the m. Moa and ocWons br fn li id Im ker c nta 9 arIt ti f under the pc sonalsupenIsion of the con ucting radiation surse)s..

licensed materi.] not eseceding the supersi (c) Methods and occasions for locking a ecif ed quantitles in i 30 M of this loggin[

seale sources,sor. of tracer remote handhng material.

tools. and securing licensed materials;

P'"' and radiation sun ey instruments. (d) personnel monitoring and the use (c) The hcensee shall provide for the of personnel monitoring equipment; p 39 49 Uranium sinn..e ;>ars.

annual retraining of logging supenisors (e) Transportation of licensed The hcensee mm) not use a uranium and logong assistanis materials to f) eld stations or temporary sink er bar in well louing operations lobsites, including packing 9f licensed after lone year from the effective dare of (d)'Ihe hcensee shall maintain a record of each logging supervisor's an i materials in vehicles, placardmg of the twicl. unless it is legibly impressed vehicles when needed, and physically with the wofde *CAtHION. logging assistant's training. Inc.luding HADIDACTIVE DF.PUTED URANIUM" cop 6en of written tests and dates of oral securing licensed materials to transport tests, for 3 years following the vehicles during transportation to and NOTIFY civil AttrilORill!'S (or termination of employment. prevent accidentiallons. tempering or COMPANY 'JAME)IF FOUNDy unauthortred removal; (c) The licensee shallinclude the i 39 51 Use at a sealed source in a well following subjects in the formal training (f) Minimiring personnel enposure, amout surtece ced"9 required in paragraph (a)(l) of this including that from Inhalation and The lkenser may not use a scaled section: Ingestion of licensed materials, during source in a well without a surface casing (1) Fundamentals of radiation safety: well logging operations and in the event designed to protect fresh wster aquifer (i)Characteristks of radiation. of an accident.

O G

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13808 Federal Register / Vol. 50. Na C7 / M:nd:y, April 8,1985 / Pr: posed Rul;s

~

(g) He procedure for notifying proper (c) After removlag the sealed ocurce 1 39.73 Documents and records required sesembly from the iogging tool and at field stauona.

persons in the event of an e .c' dent; th) Maintenance of records; before departing from the temporary (a) Each licensee shall maintain the (L) ne Inspection of maintenance of jobsite, the licensee shall confirm that following documents and records at the source holders, logging tools, aource . the logging toolle free of contaminath (1 eld station:

handling tools, storage contais.ers by energizing the logging tool detector or (1) A copy of applicable NRC transport containers, and injection fMla. by using a survey meter. regulations:

O The procedure to be fouowed li a (d)If the licensee suspects that, as a (2) The license authorizing the use of sealed source is lodged in a well or result o' operations involving a see'ed licuaed material; ruptured; somce, the encapsulation of the seated (3) Operating and emergency th) The procedure to be used for source r:o Jd be damaged by the procedu es; picking up, receiving. and opening operataa.it shall conduct a radiation (4)The record of the radiation survey packages containing licensed mater'a!=, s irvey, including a contamination instrument c.alibration required by (1) He procedure for identifying and . .urvey, during and after the operation. g 39.33 reputting to NRC defects and 3) ne licensee shall make a (5)Tba recordof theleaktestresults noncompliance, as required by Part 21 of mdistion survey et the temporary ecquired by 139.35; this chapter. lo5 site for esf. subsurface tracer stgfy. f t>) Physicalinventory recorda (m)He procedur= s,d the use of tools ne survey mvst include a measve uent ta9uimd bI l 39.37*-

for remote handhng of scaled sources of radiation levels before and aftes the cnd radioactive tracer material, except operation and a measurement of M **U " * "N

low activity cahbration sources: contaminationleveh afiet the i32 ,

3 ge (r) Records of inspection and

(:) Th*e procedure to be used for subsurface tracer study. mantenance required by n 39.43; detecting contamination, required by (f)The results of surveys required @) Trainsg records required by il 39.67(c) through (e). and for under paragraphs (a) through (e) of this i 39 61(d); and preventing the spread of contarr.ination. section unust be recorded and it.ust l10) Survey records required by and include the date the survey tot k pface,

(:) De procedure to be used to the narse of the individual making the i 3E67. .

. decontaminate the environment, (b) Records required by paragraphs survey, the identification of the surve instrument used, and the location ofi e (a)(1) through (3) of this section must be equipment or personnelif any or all are kept until the licensee terminates its contaminated. sursef.The licensee shall maintain well loggmg operations at the field recon!s of surveys fcr inspection by the station. Records required by paragraphs 0 *

• Commission for 3 ) ears after they are 1:) The licensee may not permit an (a)tt) through (10) of this section must made' individual to act as a legging supervisor .

be i.ept for 3 years.

orlogging osestant unless that persor. I 39 69 Fgloac tia contamination l 33.75 Documents and records requ6ted w:ars, at all times during well logging control operations, either a film badge or a (a) During efforts to recover a sealed

• • P"#"

Each licensee conducting operations thermolurrinescent dosimeter (TLD). source lodged in the well, the licensee s;ad continuously monitor, with an et a temporary jobsite shall maln's% the Each film badge or TID must be fr(towing documents and records at ,the Casign?d to and worn by only one appropriate radiction detection

'nstament or a logging tool with a remporary lobsite until the well-loggmg individual. The fdm badge must be radiation detector, the circulating fluids opemNon is completed:

replaced at least monthly and RD from the well to check for contamination (s) Operating and emergency badges replaced at least quarterly. De licensee shall have each badge or resulting from damage to the sealed procedures; dosimeter processed. source. Ib) Evidence of latest calibration of (b} 1f the licenvet, detects evidence the radiation survey instruments in use Ib: The licensee shall provide that the sealed s autte has ruptured or at the site required by l 39 33, tppropriate bloassay services to individuals using licensed materials in , licensed maienals have caused ;c) Latest survey records required by subsurfac e tracer studies, contamination,it shallinitiate the I .7) I)7, (c) The licensee shall keep reports emergency procedures required by (d) The shipping papers for the received from the badge or TID l 39 Ss immediately, trargurtation of radioactive materials orocessor and from the bloassay service returtd by I 71.5 of this chapter, and (c)11 contamination results from the laboratny for inspection uv.ll the use of licensed material in well logging (e) A ccoy of the NRClicense Commluhn authorizes dispeltion or operations, the licensee shall avthortring use of licensed materials, or terminates the license. decontaminate all work areas, a copy of the Agreement State license equipment, and unrestricted areas, wae1 operating under reciprocity IMI "***"""'Y pursuant to I 150 20 of this chapter.

(a) %e licensee shall make radis tiun Subpart E--Security, Records,

$ 39.7y Notincation ofincidents endloat survers. Including but not limited to Motifications emces; abandonment procedures for pararaphs(b)through(e)uf this Instrievom sourm.

section, c4 e u.h a:ea where licensed imi securny.

mate rials e:e used and stped. O dng each welllogging operation, (a) The licensee shallimmediately (b)liefaen transportit g er licensed the logging supervisor or other licenset optify the appropriate NRC Regional materials, the licensee sha?, mike a setploye, designattd by the lorging OTice by telephone and subsequently supefulsor shall maintaln direct within 5 days by confirmatory letter if it radiation survey of the postdon occupied by each individuellt the surveillance of the operation to prevent knows or has reason to believe that (1) i vehicle and r;f the enterior of each unauthorized entry L..to a restricted licensed material has been lost in or area. as defined in i 20 3(a)(14) of this near a fresh water equifert or (2) a vehicle used to transport the Ikensed chapter, seated source has been ruptured.%Is j materlate.

I

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Federal Register / Vol. 50 No. e7 / Monday. April 8,1985 / Proposed Rules 13809

=

notice must designate the well or other defense and security and are otherwise $30.6 (Amended) location and describe the magnitude and in the public interest. g. In i 30.6, paragraph (b)(1) is extent of licensed materials. assess the amended by adding "39" after "30 consequences of the loss or rupture, and Subpart G-Enforcement through 35"in the first sentence. ,

f egplain efforts planned or bems taken to l R101 Nm j (a) An injunction or other court order $30.11 (Amended]

() I cense shal no fy the may be obtained to prohibit a violation 10. In 5 30.11, paragraph (a)is Commission ofincidents and sources of any provision of this part. amended by adding "and 39" after "31 lost, other than in the well,in (b) A court order may be obtained for through 35".

accor dance with $ $ 20 402. 20.403. and the payment of a civil penalty imposed 20 405 of this chapter.

f r v,olation i of this part. $ 30.13 [ Amended]

(c)If a sealed source becomea lodged ICI ADY PCf80"".ho willfully violates 11.SectiotMO.13 is amended by in a well. and when it becomes apparent any prosi.non of this part issued u'nder

.* that efforts to recover the sealed source seetion 161 b.,i., or o. of the Atomic adding "and ~39" after,"31 through 35".

will not be successful, the licensee

• Energy Act of 1954, as amended, or the ahall- provisions cited in the authority citation $ 30.14 (Amended]

(1) Advise the well owner or operator, at the beginning of this part may be .12. In i 30.14. paragraph (a) is as appropriate, of the abandonment amended by adding "and 39" after "31 guilty of a crime and.upon conviction, procedores under i 29.15 (b) or (c) and may be Jinnished by fine or through 35" and paragraph (c)is ensure that these procedures are amended by removing "and 34" and imprisonment, or both, as provided by implemented within 30 days after the -

adding "34 and 39" after "32,33".

law.

sealed source has been classified as

'##' ' " PART IS-NOTICES, INSTRUCTIONS. $ 30.15 [Amendedl (2) ;fy [, appropriate NRC AND REPORTS TO WORKERS 3 13. In i 30.15. paragraph (a) is Regional Office by telephone of the INSPECTIONS circumstances of the loss, and request amended by adding "and 39" after "31 approval to implement abandonment i19.2 iAmended] through 35".

procedure 2. Section 19.2 is amended by adding (d) The licensee shall, within 30 days "39 " after " Parts 30 through 35" in the i 30.19 (Amended) after a scaled source has been classified first sentence. 14. In i 30.18. paragraph (a) is as irrrtriesable,make a report m J .^

. amended by adding "and 39" after "30 writting to the appropriate NRC i19.3 [Ampnded) through 34"*

Regional Office.The licensee shall send 3. Section 19.3(d)is amended by a copy of the report to each appropriate adding "39," after " Parts 30 through 35." l 30.31 [ Amended]

State agency that has authority over the in the first sentence. 15. Section 30.31 is amended by particular well. drilling operation.The adding "and 39" after "32 through 35".

report must contain the following PART 20-STANDARDS FOR information: PROTECTION AGAINST RADIATION (1)Date of occurrence: i 20.2 iAmended] 16. Section 30.33, paragraph (a)(4) is (2) A description of the irretrievable

4. Section 20.2 is amended by addma amended by adding "and 39" after "32 well. logging sourceinvolved includmg ra dionuclide, quantity, chemical and "39." after " Parts 30 through 35."in the through 35".

physical form; first sentence.

(3) Surface location end identification l20.3 IAmendedj $ 30.34 (Amended]

17. Section 30 34. paragraph (a) and

5. Section 20.3la)(9) is amtnded by (4) Res l'ts of a florts to im nobilize addmg "39." after " Parts 30 throurh 35 " (b) are amended by addmg 'and 39,

~

d su1 th I after "31 through 35"; pararaph (c)is

""gI P h of t c in the first sentence.

amended by adding "and 39" afttr "31 (6) Depth of the top of the cement PART 21-REPORTING OF DEFECTS through 35"in the first and the second AND NONCOMPLIANCE sentences, paragraphs (d) and (e) are Derth of the we!!; amended by addmg "and 39" after "31 (8) Any other information (e g., t 21.2 l Amended] through 35,.

warning statement) contained on the 6. Section 21.2 is amended by adding permanent identification plaque; "39," after "34,35." in the first sentence.

I 30.39 i A**ndedI (9) Notifications made to State 18. Section 30 39 is amended by agencies; and PART 30-RULES OF GENER A1.

(10) A brief description of the APPLICABILITY TO DOMESTIC adding "and 39" after "32 through 35".

attempted recovery effort. UCENSING OF BYPRODUCT -

MATERIAL $ 30.56 (Removed!

Subpart F-Esemptions 19. Section 30.56 is removed.

5 30.4 Amended]

$ 39.9i Applications for e:emptions. '

PART 40-DOMESTIC LICENSING OF The Commissica may, upon am ded y ad n and 39 aft r 1 SOURCE MATERIAL.

application of any interested person or through 35", and paragraph (m)is Upon its own initiative, grant such removed- l 40.5 [ Amended) exemptions from the requirements of the

$ 30.6 ( Amended! 20. In i 40.5, paragraph (b)(1)is regulations in this part as it determines are authorized by law and will not 8 Section 30.5 is amended by adding amended by adding "39." after "30 endarger hfe or property or the common "and 39" after "31 through 35". through 35."in the first sentence.

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l 13810 Federal Register / Vol. 50. No. 67 / hfunday. April 8.1985 / Propo5ed Rules 10 CFR Part 50 Administration. Room 1650. Federal PART 51-ENVIRONMENTAL Office Building. 801 East 12th Street.

REGULATIONS FOR DOMESTIC Kansas City. Missouri 54106, telephone -

Proposed Policy for Regulation of LICENSING ANDRELATED Advanced Nuclear Puer Plants; (816) 374-5688.

REGULATORY FUNCTIONS U"I'CU'" SUPPLEMENTARY sNFORMATION: .

9 Stat (Amanded] . AGENCY: Nuclear Reguistory ground

21. In i 51.22 paregraphs (c)(3). (c)(10) Commission. Oa September 15,1983. Soloy cnd (c)(14) are amended by adding "39." ACTION: Proposed Policy Statement: Conversions.Ltd 450 Pat Kennedy cit:r "34. 35."in the first sentence of correction. Way, SW., Olympia, Washington 98502.

crch paragraph. submitted an application for suMuARY:This document corrects a Proposed policy statement. supplemental type certification of PART 70-DOMESTIC LICENSING OF turbme. powered Cessna Model 207 mA FURTHER INFORMATION CONTACTj SPECIAL NUCLEAR MATERIAL Senes airplanes which are single. engine.

Dennis K.Rathbun or James G.

Beckerley. (202-634-3295). unpressurized. seven. place. highwing I 70.4 iAmended] monoplanes.ne existing propulsion

22. In i 70.4. paragraph (w)is $UPPLEMENTARY INFORMATION:In FR system is a single. 284. continuous-removed. Doc. 85-7136 appearing on page 11882 in horsepower. reciprocating engine. The the issue of Tuesday. March 26.1985. airplane's maximum gross takeoff make the following correction: weight is 3a00 pounds.

3 70.5 [ Amended] Page 11882. third column under the

23. In i 70.5 paragraph (b)(1) .ts " PATES" caption change the comment This modification of the Cessna 207 Series airplanes places a turbine engine cmended by adding "39" after "30 expiration date to May 28.1985.

• through 35." Approved: AprilM985. reciprocat%g engine location which, in W M'F *- I turn, makes the engine installation more 9 70.40 [ Removed! Acting Semrary. critical with regard to engine mount 24* Section 70'60 is removed. (R Doc. 85-8342 Filed 4-5-85: 8.45 am] flexibility. A flesible engine installation enuwo coot tsso-et-as can cause an aeroelastic instability commonly known as propeller whirl PART 71-PACKAGING AND __

flutter.

TRANSPORTATION OF RADIOACTIVE DEPARTMENT OF TRANSPORTATION Now that the final rule has been MATERIAL published in the Federal Register (49 FR Federal Aviation Administration 46866. November 28.1984) and Soloy has 3 71.0 IAmended]

agreed to comply with Amendment 23-

25. In i 71.0 paragraph (b) is amended 14 CFR PM 21 31 to Part 23 of the FAR in their january by adding "39." after "21,30." in the first 15.1985. letter, this notice can be sentence. [ Docket No. CE-2. Notice No. 23-ACE-10A1 withdrawn.

Special CondWons; Soloy ne Decision and Withdrawal PART 150--EXEMPTIONS AND Conversions, Ltd., Modified Cessna CONTINUED REGULATORY Model 207 Series Airplane Accordingly. Notice No. 23-ACE-10 is l AUTHORITY IN AGREEMENT STATES

• withdrawn.

l AND IN OFFS 560RE WATERS (JNDER AcENCv: Federal Aviation (Secs. 313(a). 601. and 603 of the Federal SECTION 274 Administration (FAA). DOT. Asiation Act of 1958, as amended (49 U S C ACTION:Withdrawalof proposed special 1354!al.1421. and 49 U.S C 106(g) (resised.

$ 150.20 (Amended! t, -m, January 12 yaw I  ::6. In i 150.20. paragraph (b)is amended I55; d in K8"S*5 Ci'Y MtSS 2'i a Mh l by removing"70 80 to 70 62. inclusive." and

SUMMARY

Dis notice withdraws Notice 26. wa'5.

cdding '70.61. 70 62." after "70.51 to 70 56. No. 23-ACE-10. published in the Federal John E. Shaw, Inclusive.": and by adding "I 39.15 and Register on October 15,1984 (49 FR Actics Director. Centro / Region.

Subparts C D. E. F. and G of Part 39" after 40184]. That notice proposed special conditions for the supplemental type [m Doc. 85-8272 Filed 4-5-85; e 45 am)

"and to the provisions of Parts 19. 20. and 71" certification of Soloy Conversions. Ltd. aauno coot este.33-u of the first sentence.

He conforming amendments to Parts turbine-powered Cessna Models 207 l T207,207A and T207A airplanes.nat 19,20,21,30,40. 51. 70,71, and 150 are - 14 CFR Part 39 l

issued under the followins at.thority: notice is being withdrawn because Part i

23 of the Federal Aviation Regulations (Sec.161. Pub.1.83-703. 68 S:at 948, as (Docket No. 64-NM-39-AD]

(FAR) has been amended to include the '

l amended (42 U.S C 2201); sec. 2o1. Pub. L 93- da d d h  ! Airworthiness Directives; British l

438. 82 Stat.1242, as amended (42 U S C fo'nditions rrendment 31 e A*fospace Model BAC 1-11400 Series Saetn certification basis for these Soloy AlrPl anes Dated at Washinston. D C this 2nd day cf Conversions.Ltd. turbine 4 owered Cessna 207 Series airplanes is being AGENCv: Federal Aviation April.1985. j revised to include Amendment 23-31. Administration (FAA). D(7F.

Foe the Nuclear Regulatory Commission.

• l FOR FURTHER IMPORMATION CONTACT: ACTION: Notice of Proposed Rulemaking l lalts C Hoyle. William L Olson. Aerospace Engineeri (NPRM).

Acting Secretaryofthe Comadssion. Regulations and Policy Office (ACE-110). Aircraft Certification Division,

SUMMARY

This notice proposes to adopt lnt Doc; e5-4340 Filed 4-545; a 45 am)

Central Region. Federal Aviation on airworthiness directive (AD) that stuosa coot Fossme i

a r

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