ML20149F728
| ML20149F728 | |
| Person / Time | |
|---|---|
| Issue date: | 08/04/1994 |
| From: | Paperiello C NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Treby S NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| Shared Package | |
| ML20149C780 | List: |
| References | |
| FRN-61FR52388, RULE-PR-20, RULE-PR-32, RULE-PR-35, RULE-PR-36, RULE-PR-39 AF46-1-009, AF46-1-9, NUDOCS 9408290324 | |
| Download: ML20149F728 (4) | |
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- a o UNITED STATES l ! NUCLEAR REGULATORY COMMISSION
- WASHINGTON, D.C. 2055H001 l AUG 0 4 1SM '
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MEMORANDUM FOR: Stuart A. Treby Ast,istant General Counsel for Rulemaking and Fuel Cycle, OGC FRON: Carl J. Paperiello, Director Division of Industrial and Medical Nuclear Safety, NMSS
SUBJECT:
CONFLICT SETWEEN POSTING REQUIRENENTS IN 10 CFR PARTS 20 AND 36 This is a request for an interpretation of the requirements for posting an I irradiator. It appears that the requirements of 10 CFR 36.23(g) and i 20.1902(c) conflict. Title 10 CFR 36.23(g) requires:
Each entrance to the radiation room of a panoramic irradiator and each entrance to the area within the personnel access barrier of an underwater irradiator must have a sign bearing the radiation symbol and the words, " Caution (or danger) radioactive materials."
Panoramic irradiators must also have a sign stating: "High radiation area," but the sign may be removed, covered, or otherwise made inoperative when the sources are fully shielded. .
10 CFR 20.1902(c) requires:
The licensee shall post each very high radiation area with a conspicuous sign or signs bearing the radiation symbol and words,
" GRAVE DANGER, VERY HIGH RADIATION AREA."
10 CFR Part 20 further defines a very high radiation area
($ 20.1003) as "an area, accessible to individuals, in which radiation levels could result in an individual receiving an absorbed dose in excess of 500 rads (5 grays) in I hour at I meter from a radiation source or from any surface that the radiation penetrates." When the sources are not shielded in a panoramic irradiator, radiation levels will routinely meet the criteria for a very high radiation area.
The requirements in i 36.23(g) appear to contradict the posting requirements of f 20.1902(c). Specifically,136.23(g) requires a panoramic irradiator to be posted as a high radiation area, while i 20.1902(c) requires a panoramic irradiator to be posted as a very high radiation area. In this case, 20.1902(c) is the more restrictive requirement, and i 36.23(g), which applies only to irradiators, is the more specific requirement.
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j AUG 0 41994 Stuart A. Treby j l The staff has been aware of the conflict between the two regulations, as j indicated in the Draft DG-0003, " Guide for the Preparation of Applications for i Licenses for Non-Self-Contained Irradiators." Regarding the conflicting j regulations, the draft guide states:
There has been an oversight in not adopting in 10 CFR Part 36, the new i "very high radiation area" concept that is contained in 10 CFR Part 20.
i The NRC plans to change 10 CFR 36.23(g) to require posting as a "very j high radiation area." In the meantime, the preferred posting is "very i high radiation area" and irradiators posted in this manner will not be subject to enforcement action under 10 CFR 36.23(g).
The staff believes that, as the more restrictive and recently effective requirement, i 20.1902(c) applies to panoramic irradiators and takes precedence over i 36.23(g). The Office of the General Counsel's (0GC's) concurrence will provide a legal basis for the staff's position in the draft regulatory guide. Once we receive your interpretation, we will issue final guidance to licensees, license reviewers, and~ inspectors, to be used until i 36.23(g) can be revised.
Carl J. Paperiello, Director Division of Industrial and Medical Nuclear Safety, NMSS DISTRIBUTION:
NRC Central File NMSS r/f SSherbini SBaggett SMcGuire, RES KDragonette, RES RBangart, OSP DCool, RES
- Ste previous concurrence ,
0FC IMDB* E IMDB* E IMDB* IMAB* IMNF f IMS1/7 NAME SMoore/sm/11 CJones FCombs JGlenn EMh CPkhllo DATE 7/21/94 7/21/94 7/27/94 7/27/94 i/el/94 M/h/94 C = COVER E = C0VER & ENCLOSURE N = NO COPY 0FFICIAL RECORD COPY: g:\ conflict.swa h
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I Stuart A. Treby !
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There has been an oversight in r.ot adopting in 10 CFR Part 36 the new "very high radiation area" concept that is contained in 10 CFR Part 20.
- The NRC plans to change 10 CFR 36.23(g) to require posting as a "very ,
- high radiation area." In the meantime, the preferred posting is "very '
{ high radiation area" and irradiators posted in this manner will not be
! subject to enforcement action under 10 CFR 36.23(g).
I t, as the more restrictive and recently effective i
Staffbelievesty0.1902(c)appliestopanoramicirradiatorsandtakes requirement, i 2 i precedence over i 36.23(g). OGC's concurrence will provide a legal basis for i the staff's position in the draft regulatory guide. Once we receive your ;
- interpretation, we will issue appropriate guidance to licensees, license l reviewers, and inspectors, to be used until i 36.23(g) can be revised. )
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! Carl J. Paperiello, Director
- Division of Industrial and Medical Nuclear Safety, NMSS i
i
- DISTRIBUTION:
l NRC Central File 1
IM0B r/f '
i IMNS r/f NHSS r/f i SSherbint i SBaggett i SMcGuire, RES j KDragonette, RES i
- See previous concurrence 0FC IM0B* E IM0B* E IMO W IMAB , IMNS IMNS NAME SMoore/sm/ll CJones Y M EWBrach CPaperiello DATE 7/21/94~ 7/21/94 [/94 I/2494 7/ /94 7/ /94 l C = C0VER E = C0VER & LNCl,0SULE li = NO COPY l 0FFICIAL RECORD COPY: g:\ conflict.swa l
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.d l j Stuart A. Treby ; There has been an oversight in not adopting in 10 CFR Part 36 the new "very high radiation area" concept that is contained in 10 CFR Part 20.
! The NRC plans to change 10 CFR 36.23(g) to require posting as a "very high radiation area." In the meantime, the preferred posting is "very high radiation area" and irradiators posted in this manner will not be subject to enf rcement action under 10 CFR 36.23(g).
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.W.i d .1I.Ne'5;tia that, as the more restrictive and recently tive requirement, 5 20.1902(c) applies to panoramic irradiators and mill takF precedence over i 36.23(g). '"e - ; :- :-- 2 !4n will provide a legal basisforthestaff'spo)itioni the draft regulatory guide Once we receive your interpretation, we Will is e appropriate guidance to 1 censees, license reviewe,s,andinspectorskto used until i 36.23(g) can revised.
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\. Carl J. Paperiello, Director Division of Industrial and
- Medical Nuclear Safety, NMSS Aeg4~ l DISTRIBUTION:
.\
\ p. l NRC Central File IM0B r/f IMNS r/f NMSS r/f SSherbini SBaggett SMcGuire, RES KDragonette, RES 0FC IM E _ h IM0_B f I IM08 IMAB IMNS IMNS NAME SMooksM1 Chs FCorbs JGlenn EWBrach CPaperiello DATE 7/h94 7/d/94 7/ /94 7/ /94 7/ /94 7/ /94 C = C0VER E = COVER & LNCLOSURE N = NO LOPY 0FFICIA1. RECORD COPY: g:\ conflict.swa