ML20205T373
| ML20205T373 | |
| Person / Time | |
|---|---|
| Issue date: | 01/30/1978 |
| From: | Cyr K NRC |
| To: | Higginbotham L NRC |
| Shared Package | |
| ML20205T301 | List: |
| References | |
| FOIA-88-203 NUDOCS 8811140229 | |
| Download: ML20205T373 (2) | |
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e NUCLEAR REGULATORY COT.ii.118SION W ASHING T ON, D. C. 20$$$
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- N 3 0 GB MD10RANDUM FOR: L. B. Higginbotham, Acting Director, Division of FFMSI, IE FROM: Karen Cyr, OELD
% SULJECT: GUIDAtJr.E Ort REPORTING REQ'JIRDtENTS OF 10 CFR 20.403 This is in response tv your request for infomation on:
- 1) whether or not in vivo data which indicates a significant body deposition of licensed material is reportable to l'RC under 10 CFR 20.403; and
- 2) whether paragraphs 20.403(a)(2') and (b)(2) require reports of release of radioactive material to restricted areas as well as unrestricted areas.
As to the first question, results of in vivo data do not explicitly fall within any of the categories of reportable ittns listed in the
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Section. Nor do any of the Sections of Part 20 which refer to the use of bioassay program make any reference to reporting of those results under the requirements of 20.a03. In vivo data would be repertable only '.a the extent that they, together with other measurements, indicate that an exposure bi excess of the values in Similarly, in vivo data would 20.403(a)(1) or (b)(1) has occurred.
be reportable insofar as they come witnin the retquirements of 20.405.
Your second ouestion concerns whether the reporting requirements of 20.403(a)(2) and (b)(2) are applicable to releases to both estricted and unrestricted areas.
First of all, Rogers' memorandum is not a formal interpretation and should not be regarded as such. In addition, his reading of the
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regulation is too broad. The reportirig requirer:ents of 20.403 apply only to releases to unrestricted areas. While 20.403 does not explicitly state this, it may be interred because the section refers to releases in excess of the limits in Table II, Aopendix 8. Els ewhere y
in Part 20 Tcble 11 is used to detemine limits on radioactivity in tf M releases of ef fluents to unrestricted areas. See ref. fa20.106(a).
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I T Table I, in contrast, is used in determining limits on individual '
, U(k exposures in restricted areas. See ref. 20.106 (a)(1) and (2).
Therefore, in our view only releases to unrestricted areas are reportable under the requirements of 20.403.
The draf t letter which the Region 5 office has proposed is not in accord with this view. As noted above, releases to restricted areas are not reportable under 20.403(a)(2) or (b)(2). Overexposures to indiviouals ir. restricted areas are to be detennined only by the limits for airborne concentrations in 20.103 (Table I, Appendix B) 4=; and not by effluent release limits of 120.106 (Table II, Appendix B).
Therefore, the letter as written is inaccurate and should be redrafted to reflect these views.
n v Karen Cyr Attorney Rulemaking ard Enforcenent Division cc: Mr. George Bidinger, IE
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Enclosure 3
% . UNITED STATES q
- i NUCLEAR REGULATORY COMMisslON
,jt WASHINGTON, D. C. 20555 l '.
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- HEMORANDUM FOR: L. B. Higginbotham, Acting Director, Division of FFMSI, IE FROM: Karen Cyr, OELD JM
SUBJECT:
GUICANCE Off REPORTING REQUIREMENTS OF 10 CFR 20.403 This is to clarify my earlier response to your request for infonnation on reporting requirements of 10 CFR 20.403 following a conversation with members of your staff.
Information was requested on: ,
. 1) whether or not in vivo data which indicates a significant body deposition of licensed material is reportable to NRC under 10 CFR 20.403; and
- 2) whether paragraphs 20.403(a)(2) and (b)(2) require reports of release of radioactive material to restricted areas as well as unrestricted areas.
As to the first question, results of in vivo data do not explicitly fall within any of the categories of reportable items listed in the Section. Nor do any of the Sections of Part 20 which refer to the use of a bioassay program make any reference to reporting of those results under the requirements of 20.403. Consequently, in vivo
- data is not reportable under 20.403. It would be reportable under 520.405 to the extent that, together with other mecsurements, it indicates that an exposure to concentrations in excess of applicable limits has occurred.
~~' Your second question concerns whether the reporting requirements of
$20.403(a)(2) and 20.403(b)(2) are applicable to rdases to both J ,
restricted and unrestricted areas.
It is my understanding that it has been the practice of IE to require that any release of the magnitude specified, whether in a restricted ir unrestricted area, should be reported. The concern was that a 1~se of this magnitude, regardless of where it occurred, represented Of control over the material. Since 120.403 does not specify e..aer restricted or unrestricted areas, it has been considered to
- apply to releases in both areas.
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i ) Confusion has arisen, however, because the section refers to releases in excess of the l'imits in Table II, Appendix B. Elsewhere in Part 20 Table II is used to determine limits on radioactivity in releases of effluents to unrestricted areas. See reference 520.106(a ) . Table I, in contrast, Ts used only in detennining limits on individual exposures in restricted areas. See reference 20.103(a)(1) and (2). Therefore, it is reasonable to infer from the face of the regulation that Table II applies only to unrestricted areas and therefore, only releases to unrestricted areas are reportable under the requirements of 20.403.
- Consequently, in our view, the interpretation of 520.403(a)(2)and (b)(2) is_ ambiguous at be t. The regulation needs to be clarified to more accurately identify those releases which the Staff belir ,
need to be reported and to put licensees on notite of what relea~,
must be reported.
- The proposed letter from the Region W office netds to be redrafted.
Their letter is not in ac.ord with the past prac: ice which is to be concerned with releases of a certain magnitude I;: art from whether an overexposure has occurred, because they represent a loss of
. control of material. The reportability of releases to restricted areas should not be tied to an overexposure incit.ent. In addition, overexposures to individuals in restricted areas are to be determined only by the limits for airborne concentration in 20.103 (Table I, O ,,, Appendix B).
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Karen Cyr #
Attorney Rulemaking and Enforcement Division cc: Mr. George H. Bidinger Mr. Porter Ellis T.'T t
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