[Federal Register Volume 59, Number 23 (Thursday, February 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2394]
[[Page Unknown]]
[Federal Register: February 3, 1994]
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NUCLEAR REGULATORY COMMISSION
10 CFR Parts 19 and 20
RIN 3150-AE80-1
Radiation Protection Requirements; Amended Definitions and
Criteria
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) proposes to amend its
regulations concerning radiation protection requirements. The proposed
rule would: Delete the definition of ``Controlled area'' to make it
clear that any area to which access is restricted for the purpose of
radiological protection is a restricted area as defined in the
regulation, revise the definition of ``Occupational dose'' to delete
reference to the ``Restricted area,'' revise the definition of
unrestricted area to be consistent with the deletion of controlled
area, revise the provision entitled ``Instruction to Workers,'' so that
radiation protection training will be provided to all persons with the
potential to be occupationally exposed and restore a provision to
provide that whenever licensees are required to report exposures of
individual members of the public to the NRC, then those individuals are
to receive copies of the report.
DATES: Comment period expires April 4, 1994. Comments received after
this date will be considered if it is practical to do so, but the
Commission is able to assure consideration only for comments received
on or before this date.
ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555, Attention: Docketing and Service
Branch.
Deliver comments to: 11555 Rockville Pike, Rockville, Maryland
between 7:45 am and 4:15 pm Federal workdays.
Copies of the regulatory analysis, the environmental assessment and
finding of no significant impact, the supporting statement submitted to
OMB, and comments received may be examined at: The NRC Public Document
Room, 2120 L Street NW. (Lower Level), Washington, DC.
FOR FURTHER INFORMATION CONTACT: Alan K. Roecklein, Office of Nuclear
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC
20555, telephone (301) 492-3740.
SUPPLEMENTARY INFORMATION:
Background
On May 21, 1991, (56 FR 23360) the NRC amended 10 CFR part 20 to
add its revised ``Standards for Protection Against Radiation (10 CFR
20.1001-20.2402). Compliance became mandatory for all licensees on
January 1, 1994. Extensive discussion regarding interpretation and
implementation of the new rules has ensued both within the NRC and
Agreement State staffs and with licensees and other interested parties.
The revised standards include a definition for the term
``Controlled area.'' The term is defined to be an area outside of a
restricted area, but inside the site boundary access to which can be
limited for any reason (10 CFR 20.1003). The term ``Restricted area''
was retained in the revised standards from the original regulation, 10
CFR part 20, and is defined as an area, ``access to which is limited by
the licensees for the purpose of protecting individuals against undue
risks from exposure to radiation or radioactive materials * * * (10 CFR
20.1003).'' Neither the revised standards themselves, nor the
supplemental information provide a basis for deciding whether to
designate a given area as a ``Restricted area'' or a ``Controlled
area.'' In discussions with licensees and Agreement States, the absence
of such a clear delineation appears to be the cause of considerable
uncertainty among a number of licensees regarding how to implement the
revised standards in this regard. The NRC believes that this situation
can be alleviated by eliminating the term ``Controlled area'' from the
regulations. This change has the effect of returning the regulation to
the former situation in which areas are either restricted or
unrestricted for purposes of radiation protection. As has always been
the case, licensees continue to have the option of controlling access
to areas for reasons other than radiation protection.
The definition of ``Unrestricted area'' in the revised standard
acknowledges the existence of controlled areas and currently is defined
as an area ``access to which is neither limited nor controlled by the
licensee'' (10 CFR 20.1003). Deletion of the term ``Controlled area''
permits return to the former situation in which areas are either
restricted or unrestricted for radiation protection purposes, and the
Commission now proposes to revise the definition of ``Unrestricted
area'' to make this clear.
Under this proposal, licensees would continue to have the option to
control access for reasons other than radiation protection. As before,
the definitions of ``restricted area'' and of ``unrestricted area'' do
not preclude the existence of areas in which access is limited for
purposes other than protecting individuals against undue risks from
exposure to radiation and/or radioactive materials.
``Occupational dose'' is defined currently in the revised standards
``as the dose received by an individual in a restricted area or in the
course of employment in which the individual's assigned duties involve
exposure to radiation and/or to radioactive materials * * *.'' (10 CFR
20.1003) Through meetings with licensees to discuss the revised
standards, the Commission has become aware that this definition can be
interpreted to allow individuals who are members of the public to
receive an ``occupational dose'' and exceed public dose limits if they
enter restricted areas. This was not the intention of the Commission in
promulgating the revised standards. A fundamental principle present in
the regulations is that a member of the public is subject to the limits
for a member of the public (Sec. 20.1301 (a)(1)), irrespective of that
individual's location. The Commission is separately considering
revisions to parts 20 and 35, whereby licensees who have been
administered radioactive materials to patients and released them in
accordance with Sec. 35.75 would be exempt from the provisions of
Sec. 20.1301 (a)(1) with regard to the radioactive material in the
released patient. Licensees must be able to ensure that a member of the
public, if present in a restricted area, as well as any other area,
will not exceed an exposure of 100 mrem/year. The suggestion that
permission to expose a member of the public to a dose in excess of 100
mrem in a year, is created by that individual's location in a
restricted area, can be removed by a simple modification to the
definition of occupational dose, specifically by eliminating reference
to dose received in a restricted area. In addition, ``radiation and/or
radioactive material'' should replace ``radiation and radioactive
material'' to correct a technical error in the text of the rule. With
these changes, it would become clear that occupational dose is dose
received as a result of an individual's employment in which assigned
duties involve exposure to radiation and/or radioactive material. These
changes would also make it clear that the dose received by a member of
the public cannot be permitted to exceed the public dose limit even if
the individual is receiving a portion of that dose while in a
restricted area. The remainder of the definition of occupational dose
would not be modified by this action, and maintains the description of
both what is included and what is excluded in occupational dose for
purposes of clarity.
The regulation entitled ``Instruction to Workers,'' 10 CFR 19.12,
currently requires that all individuals working in or frequenting any
portion of a restricted area be instructed in the health protection
problems associated with exposure to radiation and in radiation
protection procedures needed to minimize exposure. Under this
provision, if a worker never enters a restricted area, he or she would
require no radiation protection training. On the other hand, members of
the public, such as delivery persons who might occasionally enter a
restricted area, would be required to be trained even though the nature
of their activities would perhaps not warrant such instruction. The
proposed change to Sec. 19.12 would make it clear that anyone in the
course of their employment in which the individual's assigned duties
involve the potential for exposure to radiation and/or radioactive
material would have to be provided appropriate radiation protection
training.
Concern about training requirements has been expressed for certain
categories of workers and members of the public illustrated by the
following cases: Case (1) involves a member of the public who is
potentially exposed to some radiation while visiting a facility or
making deliveries, and, Case (2), a maintenance worker or contractor
who is exposed to radiation while performing repairs or cleaning. In
order to decide if training is required, and what type of training is
appropriate, certain provisions of the rules must be considered.
First, after January 1, 1994, a member of the public cannot be
permitted to receive more than 100 mrem in a year unless specifically
approved by the Commission (10 CFR 20.1301).1 Second, training
commensurate with the potential radiological health protection problems
present would be required by the proposed 10 CFR 19.12 only for
individuals whose assigned duties involve a potential for exposure to
radiation and/or radioactive materials. In the first case above, the
individual's activities, i.e., visiting a facility or making
deliveries, were not assigned by the licensee or a licensee contractor.
Under these conditions, the individual is a member of the public, and
the licensee must ensure that exposures are less than 100 mrem in a
year, and further must be as low as is reasonably achievable (ALARA).
Doses to these individuals should be controlled by other measures that
would be included in an ALARA program, such as shielding, escorting,
removing radioactive sources during visits, and controlling stay-times.
Therefore, the Commission believes training is not required. However,
nothing in the rules prevents providing training to any individuals.
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\1\As discussed above, the Commission is separately considering
revisions to parts 20 and 35 to address cases whereby licensees have
treated patients with radioactive material and released them under
the provisions of Sec. 35.75, and thus would not fall under the
provision of Sec. 20.1301(a)(1) with regard to the radioactive
material in the released patient.
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In the second case, the individual's activities, i.e., performing
repairs or cleaning, are performed during the course of employment with
the licensee or a contractor to the licensee and the individuals'
assigned duties do involve the potential for exposure to radiation.
Although the individual may not enter a restricted area and, whether
this worker's dose exceeds 100 mrem in a year or not, if the worker has
the potential to receive some occupational exposure, training
``commensurate with potential radiological health protection problems
present in the workplace'' is required to ensure informed consent and
control of exposure. This training does not have to be extensive. The
Commission believes that doses received by individual workers at a rate
greater than the 1mSv (100 mrem) in a year public dose limit constitute
a level of risk which requires training at least to a level which
provides information on the risks of exposure and methods for reducing
exposure in keeping with the ALARA principle.
Prior to the promulgation of the revised standards, paragraph
20.409(b) of part 20 provided that whenever a licensee is required to
report to the Commission any exposure of an identified individual
worker or member of the public to radiation and/or radioactive
material, the licensee must also notify that individual.2 Although
it was the intent of the Commission that this provision remain in 10
CFR part 20, the requirement was inadvertently omitted from the revised
standards. Accordingly, Sec. 20.2205 is added to clearly restore to 10
CFR part 20 the intention that individual workers and individual
members of the public are to be notified of exposures in excess of the
dose limits that would require notifying the NRC. Under Sec. 20.2205,
the licensees' obligation to notify an individual will be triggered if
(and only if) the licensee's required report to NRC identifies that
individual by name as having received an exposure to radiation and/or
to radioactive material. The licensee's obligation to identify
individuals in a required report to the NRC is as provided for in 10
CFR 20.2203.
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\2\See also 10 CFR 19.13(d) (When a licensee is required to
report to the Commission any exposure of an individual to radiation
or radioactive material, the licensee must also provide the
individual a report on their exposure data.)
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Agreement States
The proposed amendments would apply to all NRC licensees and
Agreement States (Definitions in 10 CFR part 20 are Division I matters
and are thus matters of compatibility). The proposed changes, with the
exception of the addition of Sec. 20.2205 and the revision of the
definition of unrestricted area, were discussed in June 1993 with
Agreement State representatives and the changes discussed were strongly
supported. Agreement States have the opportunity to comment further on
all of the proposed changes during the public comment period. The
Agreement States cannot be expected to modify their regulations before
the January 1, 1994, date. Some States will need as much as 3 years to
conform to the changes. In the interim, States may wish to consider
alternative methods to address the issues presented in this rulemaking.
A draft of the proposed amendments, with the exception of the
addition of Sec. 20.2205 and the revision of the definition of
unrestricted area, was provided to the Agreement States prior to
submitting the amendments for publication in the Federal Register.
Several States submitted comments. One State suggested limiting public
doses to ``licensed'' sources of radiation while another observed that
keeping this provision general permitted the States to control exposure
from Naturally Occurring and Accelerator Produced Radioactive Material
(NARM) as well as byproduct material. The proposed rule is general and
does not specify licensed sources. This approach is consistent with the
rule, as expressed in Sec. 20.1001 to control doses from all sources of
radiation that are under the control of the licensee.
Another State provided a revised definition of ``Member of the
Public'' which would not rely on the definition of ``Occupational
dose'' and would make clear that workers exposed to NARM are not
members of the public. The intent here was to minimize the change to
the definitions and still accomplish the needed clarifications of these
issues. For that reason and because ``Occupational dose'' is defined as
from ``licensed or unlicensed'' sources, this change is not made in the
proposed rule.
Two States argued that the draft language restricting the training
requirements in 10 CFR 19.12 to individuals involved ``in licensed
activities'' and ``in the licensee's facility'' was too restrictive,
and might prevent workers such as housekeeping staff and security staff
from receiving minimal, but needed training. The language of the
training requirement is more inclusive in this proposed rule.
One State proposed retaining in Sec. 20.2104(a) a requirement to
determine prior occupational dose if an individual enters the
restricted area. The NRC staff believes that retaining only the words
``is likely to receive, in a year, an occupational dose requiring
monitoring,'' is sufficient to trigger a determination of prior dose.
The State also suggested wording which would make licensees responsible
for accounting for occupational exposure from nonlicensed activities.
This is consistent with the Commission's position and the draft is
revised accordingly.
Description
The provision in 10 CFR Part 20 for a ``Controlled area,'' its
definition and its use in several other sections of Part 20 would be
deleted. Licensees would continue to have the option to control access
to areas for reasons other than radiation protection.
The proposed rulemaking would revise the definition of
``Occupational dose'' to delete reference to the ``Restricted area'' so
that the occupational dose limit and its associated radiation
protection provisions, such as training and individual monitoring
requirements, would apply to an individual who in the course of
employment has assigned duties involving exposure to radiation and/or
to radioactive material. This change would also indicate that public
dose limits cannot be exceeded for members of the public even if they
enter a restricted area.
The definition of ``Unrestricted area'' would be revised to make it
clear that for the purposes of radiation protection areas, are either
restricted or unrestricted and that access to unrestricted areas can be
controlled for reasons other than radiation protection.
``Instructions to Workers,'' 10 CFR 19.12, would be revised to make
clear that training commensurate with the hazards present must be
provided to all individuals who have the potential to be occupationally
exposed rather than just to individuals working in or frequenting any
portion of a restricted area.
``Reports to individuals of exceeding dose limits,'' 10 CFR
20.2205, is added to restore to part 20 the Commission's intent that
any identified individual, including members of the public, who
receives an exposure in excess of the dose limits for which a report to
the NRC is required, will receive notification of that exposure from
the licensee.
Impact
The Commission believes that these proposed changes will have some,
albeit relatively minor, impacts on licensees. The impacts associated
with each of the changes are outlined below.
For the deletion of the definition of controlled area, the
Commission believes that there will be little impact on most power
reactor licensees. Although some confusion has surfaced associated with
the intent of the terms ``controlled area'' and ``occupational dose,''
these definitions have been discussed extensively with and by industry
representatives, and the Commission believes that the proposed rule
generally reflects current and planned practices of many reactor
licensees. Licensees can continue to designate areas as controlled
areas for purposes other than radiological protection, irrespective of
whether the term appears in the rule or not.
Some licensees have already implemented the revised standards, and
procedures have been written which would require changes as a result of
this proposed rulemaking if these procedures have employed the concept
of controlling areas for radiological protection.
For those reactor licensees who have already formally implemented
the revised standards or who have a need for the additional flexibility
afforded by the use of the concept of controlled area for purposes of
radiological protection, the provisions for exemptions from the NRC's
regulations provides an avenue of relief. The NRC currently believes
that the elimination of the concept of ``Controlled area'' will have
such a small impact on most power reactor licensees that it does not
constitute a backfit as envisioned by 10 CFR 50.109. The action removes
flexibility but does not directly impose new procedures. However, the
NRC welcomes comments on whether this action does in fact constitute a
backfit, the degree of burden imposed by the action, particularly for
licensees who have already implemented the revised standards, and on
whether in the limited matter of ``Controlled area,'' provisions for
grandfathering should be provided in the final rule to avoid such
burdens.
Revising the definition of ``Unrestricted area'' further makes
clear the NRC's intent that for purposes of radiation protection, areas
are either restricted or unrestricted. Some minor modifications to
procedures and training may be necessitated by this change.
For the change involving the term occupational exposure, the
Commission believes that some minor editorial modifications of
procedures and training will be necessary. Occupational exposure was
previously defined to include both presence in a restricted area and
activities involving exposure to radiation and/or radioactive
materials. Elimination of the reference to restricted areas will not
change the scope of applicability of the term occupational dose for
most licensees' employees. Furthermore, this change as it relates to
doses to members of the public, makes it clear that doses to members of
the public must remain within the limits for members of the public,
even if they are present within a restricted area. This distinction may
result in some minor corrections to procedures and administrative
control levels. However, it should be noted that licensees have
controlled and continue to control the exposure of these individuals to
small fractions of the public dose limit. Thus, there should be no
significant change necessary in licensee activities.
The conforming change to 10 CFR part 19 is minor and will affect
only a small number of licensees and will have a negligible impact. For
the modification of the training requirements to match the definition
of occupational exposure, the Commission believes that licensees will
need to make relatively minor modifications to training procedures to
reflect the new definition. Training remains ``commensurate with
potential radiological health protection problems'' and, thus, the
scope of the training activities is not anticipated to require
modification. The Commission also believes that any small incremental
increase in burden of additional occupationally exposed individuals
requiring training will be offset by the reduction in burden inherent
in the fact that members of the public entering a restricted area will
no longer be required to be trained in accordance with the provisions
of 10 CFR part 19.
The addition to 10 CFR part 20 of a requirement to notify
individual workers and individual members of the public of exposures in
excess of the dose limits is not considered to impose any additional
burden on licensees.3 The addition would make clear in 10 CFR part
20, where such a requirement would normally be expected, that when
existing reporting requirements would result in reporting exposure
information on an identified individual member of the public to NRC,
then the identified individual would receive a report on his or her
exposure.
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\3\See also 10 CFR 19.13(d) (When a licensee is required to
report to the Commission any exposure of an individual to radiation
or radioactive material, the licensee must also provide the
individual a report on their exposure data.)
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The impact of these proposed rule changes on materials licensees is
considered to be minimal. The NRC believes that these changes will
provide additional clarity when implementing the revised 10 CFR part 20
and will not have an adverse impact on the health and safety of workers
or the public. Removing the implied option to establish controlled
areas for radiation protection purposes, and simplifying the definition
and administration of occupational dose will require minimal changes in
procedures and in some cases may even involve a net reduction in
burden. Licensees continue to have the option to control access to
areas for reasons other than radiological protection. Licensees who
have already written procedures including provisions for controlled
areas for radiation protection purposes would have the option to
request exemptions. Materials licensees, particularly those who have
already implemented the new regulations, are invited to comment on
whether or not the proposed changes impose significant burden.
Finding of No Significant Environmental Impact: Availability
The NRC 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.
The option of establishing access control over an area owned by a
licensee for reasons of security, for example, exists whether or not
the term ``Controlled area'' is specifically defined in 10 CFR part 20.
The provision for controlled areas in the rule is not a requirement.
Deleting the term ``Controlled area'' from the rule is not expected to
result in a significant change in the number of areas to be controlled
or in an increase in exposure to any member of the public. Public
access to licensee owned facilities and land is expected to remain
unchanged as a result of this amendment. No other environmental impact
or benefit is associated with the ``Controlled area'' provision.
Changing the definition of ``Occupational dose'' to make it clear
that individuals whose assigned duties involve exposure to radiation
and radioactivity are subject to radiation protection procedures
associated with occupational exposure and that members of the public
cannot be permitted to receive doses that exceed public dose limits
just by entering a restricted area is considered a benefit with no
environmental impact. This change would have no effect on the type or
quantity of material released into the environment and, if anything,
would make it less likely for members of the public to be exposed to
more than public dose limits.
Revising the definition of ``Unrestricted area'' to make it clear
that for purposes of radiation protection, areas are either restricted
or unrestricted, has no perceived environmental impact.
Amending the radiation protection training requirements to clarify
that they apply to individuals who in the course of employment are
potentially exposed to radiation and/or to radioactive material,
regardless of whether they may or may not be within a restricted area,
will result in no impact on the environment.
Adding Sec. 20.2205 to part 20, which would clearly restore the
Commission's policy that individual workers and individual members of
the public are notified, whenever NRC is notified, that they have been
exposed to radiation or radioactive material in excess of the dose
limits, will have no impact on the environment.
The environmental assessment and finding of no significant impact
on which this determination is based are available for inspection at
the NRC Public Document Room 2120 L Street, NW., (Lower Level),
Washington, DC. Single copies of the environmental assessment and
finding of no significant impact are available from Alan K. Roecklein,
U.S. NRC, 5650 Nicholson Lane, Rockville, MD 20852, (301) 492-3740.
Paperwork Reduction Act Statement
This proposed rule does not contain a new or amended information
collection requirement subject to the Paperwork Reduction Act of 1980
(44 U.S.C. 3501 et seq.). Existing requirements were approved by the
Office of Management and Budget, approval numbers 3150-0044, 3150-0014,
3150-0005, and 3150-0006.
Regulatory Analysis
The NRC has prepared a draft regulatory analysis on this proposed
regulation. The analysis examines the costs and benefits of the
alternatives considered by the NRC. The draft analysis is available for
inspection in the NRC Public Document Room, 2120 L Street NW. (Lower
Level), Washington, DC. Single copies of the draft analysis may be
obtained from Alan K. Roecklein, U.S. NRC, 5640 Nicholson Lane,
Rockville, MD 20852, (301) 492-3740.
The NRC requests public comment on the draft regulatory analysis.
Comments on the draft analysis may be submitted to the NRC as indicated
under the ADDRESSES heading.
Regulatory Flexibility Certification
Based upon the information available at this stage of the
rulemaking proceeding and in accordance with the Regulatory Flexibility
Act, 5 U.S.C. 605(b), the NRC certifies that, if promulgated, this rule
will not have a significant economic impact upon a substantial number
of small entities. The proposed amendments would apply to all NRC and
Agreement State licensees. Because these amendments only clarify,
restore, and conform existing requirements to the 1991 version of part
20, they are considered to have no significant economic impact on any
large or small entities.
However, the NRC is seeking comments and suggested modifications
because of the widely differing conditions under which small licensees
operate. Any small entity subject to this proposed regulation which
determines that, because of its size, it is likely to bear a
disproportionate adverse economic impact should notify the NRC of this
in a comment that indicates--
(a) The licensee's size in terms of annual income or revenue,
number of employees and, if the licensee is a treatment center, the
number of beds and patients treated annually;
(b) How the proposed regulation would result in a significant
economic burden upon the licensee as compared to that on a larger
licensee;
(c) How the proposed regulations could be modified to take into
account the licensee's differing needs or capabilities;
(d) The benefits that would be gained or the detriments that would
be avoided by the licensee if the proposed regulation was modified as
suggested by the commenter; and
(e) How the regulation, as modified, would still adequately protect
the public health and safety.
Backfit Analysis
Because 10 CFR parts 19 and 20 apply to all NRC licensees, any
proposed changes to these parts must be evaluated to determine if these
changes constitute backfitting for reactor licensees such that the
provisions of 10 CFR 50.109, ``Backfitting,'' apply. The following
discussion addresses that evaluation.
The proposed rule consists of five changes: (1) Deletion of the
definition and use of the term ``Controlled area,'' (2) deletion of the
phrase ``in a restricted area or'' contained in the definition of
occupational dose, (3) revising the definition of ``Unrestricted
area,'' (4) modification of the training requirement contained in 10
CFR 19.12, and (5) restoring a requirement that individuals members of
the public be notified when they are identified in reports to NRC on
exposures in excess of the limits.
The deletion of the definition of controlled area is a corrective
change. The term was originally added with the 1991 revision of part 20
to acknowledge the need for licensees to control access to areas for
purposes other than radiation protection. The use of the term was not
intended to be mandatory. Numerous questions from licensees regarding
implementing Controlled areas have arisen. Since the staff believes
that the use of a controlled area has no radiation protection function
other than potential use in estimating the occupancy time for
demonstrating compliance with the 100 mrem/year limit, it is being
proposed that the term be deleted from part 20.
For those reactor licensees who have already formally implemented
the revised standards or who have a need for the additional flexibility
afforded by the use of the concept of controlled area for purposes of
radiological protection, the provisions for exemptions from the NRC's
regulations provide an avenue of relief. The NRC currently believes
that the elimination of the concept of ``Controlled area'' will have
such a small impact on most power reactor licensees that it does not
constitute a backfit as envisioned by 10 CFR 50.109. The action removes
flexibility but does not directly impose new procedures. However, the
NRC welcomes comments on whether this action does in fact constitute a
backfit, the degree of burden imposed by the action, particularly for
licensees who have already implemented the revised 10 CFR part 20, and
on whether in the limited matter of ``Controlled area'' provisions for
grandfathering should be provided in the final rule to avoid such
burdens.
The deletion of the phrase ``in a restricted area or,'' contained
in the definition of occupational dose is to ensure that the
Commission's intent to apply the dose limits of 10 CFR 20.1301 to
members of the public regardless of their physical location, is
properly implemented. Currently, only workers are subject to the higher
occupational dose limits and just because a member of the public is
permitted entry into a restricted area does not mean that he or she
should be allowed to receive an occupational dose and exceed the public
dose limit. For this reason, the reference to a restricted area is
being removed from the definition of occupational dose.
Revising the definition of ``Unrestricted area,'' would make the
current staff position clear that for purposes of radiation protection,
areas are either restricted or unrestricted. This change is consistent
with the former 10 CFR part 20 and conforms to removing ``Controlled
area'' from the rule.
The change to 10 CFR 19.12 will be consistent with the proposed
revised definition of occupational exposure. Since occupational dose is
to be based upon the individual's activities involving radiation and/or
radioactive materials, rather than the location of the work (e.g.,
restricted area), a conforming change in part 19 is needed to ensure
that workers who receive an occupational dose are appropriately trained
regardless of the physical location where the work is performed. This
is also needed so that members of the public, such as delivery persons,
who occasionally enter a restricted area will not be required to
receive occupational training merely because they entered a restricted
area when their potential exposures do not exceed the 1 Msv (100 mrem)
public dose limit and their activities, therefore, would not subject
them to any significant risk.
The NRC staff believes that the impact of the change to 10 CFR
19.12 is negligible for 10 CFR part 50 licensees, given that the
expected numbers of additional occupationally exposed individuals
requiring training is small relative to the number of workers already
receiving training at these facilities. The NRC staff also believes
that these licensees have been providing training to these individuals,
even though not specifically required by the regulations.
The addition of 10 CFR 20.2205, ``Reports to individuals of
exceeding dose limits'' is considered to be the restoration of a
previous requirement. Section 20.409(b) of part 20 requires licensees
to notify an individual worker or member of the public whenever a
report to the NRC is required regarding an exposure of the identified
individual. This requirement was inadvertently omitted from the revised
standards. Although few incidents occur that involved exposure of a
member of the public in excess of dose limits, restoring this provision
to part 20 will ensure that licensees are aware of their obligation to
notify the individual if, and when, they are required to submit a
report to NRC of an occurrence that identifies that individual as
having received an exposure.
The Commission believes that these proposed changes to 10 CFR part
20 will have some, albeit minor, impacts on reactor licensees.
Licensees who have already implemented the revised standards, or who
have written procedures to do so, will need to revise those procedures
to reflect the proposed changes if promulgated. Benefits such as
simplifying the use of restricted and unrestricted area designation,
making it clear that only workers can receive occupational dose, tying
training requirements to the potential to receive occupational exposure
and ensuring that overexposed individuals are notified, are considered
by the Commission to far outweigh the impacts. However, these benefits
are qualitative in nature, and are expressed in terms of reduced
uncertainty in regulatory requirements, clarity of regulatory intent,
and consistency of regulatory approach. Thus the NRC believes that the
modifications proposed are not backfits. However, the NRC invites
comments from affected licensees on whether these proposed changes
impose significant burdens and whether or not the actions constitute a
backfit.
List of Subjects
10 CFR Part 19
Criminal penalties, Environmental protection, Nuclear materials,
Nuclear power plants and reactors, Occupational safety and health,
Packaging and containers, Radiation protection, Reporting and
recordkeeping requirements, Sex discrimination.
10 CFR Part 20
Byproduct material, Licensed material, Nuclear materials, Nuclear
power plants and reactors, Occupational safety and health, Packaging
and containers, Penalty, Radiation protection, Reporting and
recordkeeping requirements, Source material, Special nuclear material,
Waste treatment and disposal.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; and 5 U.S.C. 553; the NRC is proposing to
adopt the following amendment to 10 CFR parts 19 and 20.
PART 19--NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS: INSPECTION
AND INVESTIGATION
1. The authority citation for part 19 continues to read as follows:
Authority: Secs. 53, 63, 81, 103, 104, 161, 186, 68 Stat. 930,
933, 935, 936, 937, 948, 955, as amended, secs. 234, 88 Stat. 444,
as amended (42 U.S.C. 2073, 2093, 2111, 2133, 2134, 2201, 2236,
2282); secs. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841). Public
Law 95-601, secs. 10, 92 Stat. 2951 (41 U.S.C. 5851).
2. Section 19.12 is revised to read as follows:
Sec. 19.12 Instructions to workers.
(a) All individuals who in the course of employment in which the
individuals' assigned duties involve the potential for exposure to
radiation and/or radioactive material shall be--
(1) Kept informed of the storage, transfer, or use of radiation
and/or radioactive material;
(2) Instructed in the health protection problems associated with
exposure to radiation and/or radioactive material, in precautions or
procedures to minimize exposure, and in the purposes and functions of
protective devices employed;
(3) Instructed in, and required to observe, to the extent within
the workers control, the applicable provisions of Commission
regulations and licenses for the protection of personnel from exposures
to radiation and/or radioactive material;
(4) Instructed of their responsibility to report promptly to the
licensee any condition which may lead to or cause a violation of
Commission regulations and licenses or unnecessary exposure to
radiation and/or radioactive material;
(5) Instructed in the appropriate response to warnings made in the
event of any unusual occurrence or malfunction that may involve
exposure to radiation and/or radioactive material; and
(6) Advised as to the radiation exposure reports which workers may
request pursuant to Sec. 19.13.
(b) The extent of these instructions must be commensurate with
potential radiological health protection problems present in the
workplace.
PART 20--STANDARDS FOR PROTECTION AGAINST RADIATION
3. The authority citation for part 20 continues to read as follows:
Authority: Secs. 53, 63, 65, 81, 103, 104, 161, 182, 186, 68
Stat. 930, 933, 935, 936, 937, 948, 953, 955, as amended (42 U.S.C.
2073, 2093, 2095, 2111, 2133, 2134, 2201, 2232, 2236, 2282); sec.
201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42
U.S.C. 5841, 5842, 5846).
Sec. 20.408 also issued under secs. 135, 141, Public Law 97-425,
96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).
4. In Sec. 20.1003, remove the definition ``Controlled area.''
5. In Sec. 20.1003, the definitions of ``Member of the public,''
``Occupational dose,'' ``Public dose,'' and ``Unrestricted area'' are
revised to read as follows:
Sec. 20.1003 Definitions.
* * * * *
Member of the public means any individual except when that
individual is receiving an occupational dose.
* * * * *
Occupational dose means the dose received by an individual in the
course of employment in which the individual's assigned duties involve
exposure to radiation and/or to radioactive material from licensed and
unlicensed sources of radiation, whether in the possession of the
licensee or other person. Occupational dose does not include dose
received from background radiation, as a patient from medical
practices, from voluntary participation in medical research programs,
or as a member of the public.
* * * * *
Public dose means the dose received by a member of the public from
exposure to radiation and/or radioactive material released by a
licensee, or to any other source of radiation under the control of a
licensee. It does not include occupational dose or doses received from
background radiation, as a patient from medical practices, or from
voluntary participation in medical research programs.
* * * * *
Unrestricted area means any area that is not a restricted area.
* * * * *
6. In Sec. 20.1301 paragraph (b) is revised to read as follows:
Sec. 20.1301 Dose limits for individual members of the public.
* * * * *
(b) If the licensee permits members of the public to have access to
restricted areas, the limits for members of the public continue to
apply to those individuals.
* * * * *
7. In Sec. 20.1302 paragraph (a) is revised to read as follows:
Sec. 20.1302 Compliance with dose limits for individual members of the
public.
(a) The licensee shall make or cause to be made, as appropriate,
surveys of radiation levels in unrestricted areas and radioactive
materials in effluents released to unrestricted areas to demonstrate
compliance with the dose limits for individual members of the public in
Sec. 20.1301.
* * * * *
8. Section 20.1801 is revised to read as follows:
Sec. 20.1801 Security of stored material.
The licensee shall secure from unauthorized removal or access
licensed materials that are stored in unrestricted areas.
9. Section 20.1802 is revised to read as follows:
Sec. 20.1802 Control of material not in storage.
The licensee shall control and maintain constant surveillance of
licensed material that is in an unrestricted area and that is not in
storage.
10. In Sec. 20.2104 the introductory text of paragraph (a) is
revised to read as follows:
Sec. 20.2104 Determination of prior occupational dose.
(a) For each individual who is likely to receive, in a year, an
occupational dose requiring monitoring pursuant to Sec. 20.1502 the
licensee shall--
* * * * *
11. Section Sec. 20.2205 is added as follows:
Sec. 20.2205 Reports to individuals of exceeding dose limits.
When a licensee is required, pursuant to the provisions of
Secs. 20.2203, 20.2204, or 20.2206, to report to the Commission any
exposure of an identified individual worker or member of the public to
radiation or radioactive material, the licensee shall also provide to
the individual, a written report on his or her exposure data included
therein. This report must be transmitted at a time no later than the
transmittal to the Commission.
Dated at Rockville, Maryland, this 19th day of January, 1994.
For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 94-2394 Filed 2-2-94; 8:45 am]
BILLING CODE 7590-01-P