[Federal Register Volume 63, Number 197 (Tuesday, October 13, 1998)]
[Rules and Regulations]
[Pages 54559-54562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27349]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AF84


Minor Revision of Design Basis Accident Dose Limits for 
Independent Spent Fuel Storage and Monitored Retrievable Storage 
Installations

AGENCY: Nuclear Regulatory Commission.


[[Page 54560]]


ACTION: Final rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations governing the dose limits and the dose calculational 
methodology used in design basis accident analyses for Independent 
Spent Fuel Storage Installations (ISFSIs) and Monitored Retrievable 
Storage Installations (MRS). This final rule amends ISFSI and MRS 
design basis accident dose limits to conform to the dose calculational 
methodology currently used in the regulations that specify standards 
for protection against radiation and make a minor change to match the 
Environmental Protection Agency's (EPA) regulations. This action will 
ensure that limits for design basis accidents at ISFSI and MRS 
installations are consistent with the dose methodology specified in NRC 
radiation protection regulations, and will allow licensees the 
flexibility provided by that dose methodology when performing design 
basis accident analyses.

EFFECTIVE DATE: November 12, 1998.

FOR FURTHER INFORMATION CONTACT: Naiem S. Tanious, Office of Nuclear 
Material Safety and Safeguards, U.S Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone (301) 415-6103, E-mail: 
INTERNET:[email protected]

SUPPLEMENTARY INFORMATION:

Background

    Paragraph (b) of Sec. 72.106 establishes the dose limit for a 
design basis accident at an independent spent fuel storage installation 
(ISFSI) or a monitored retrievable storage installation (MRS). The dose 
limit in Sec. 72.106(b) is based on the dose calculational methodology 
contained in International Commission on Radiological Protection 
Publication Number 2 (ICRP-2, 1959). The ICRP-2 methodology was 
subsequently revised in ICRP Publication Number 26 (ICRP-26, 1977), and 
was incorporated into 10 CFR part 20 when part 20 was revised in 1991.
    The calculational methodology in the revised part 20 no longer 
quantifies dose in terms of whole body dose and individual organ dose. 
Instead, the dose is quantified as a risk equivalent dose. In this 
manner, the doses absorbed by the whole body and the individual organs 
can be summed to a single quantity relating to risk.
    Under the part 20 calculational methodology, deep-dose equivalent 
(Hd), which applies to the external whole-body exposure, is 
defined in 10 CFR 20.1003 as the dose equivalent at a tissue depth of 1 
cm (1000 mg/cm2). The committed dose equivalent 
(CDE)(HT,50) is defined in 10 CFR 20.1003 to mean the dose 
equivalent to organs or tissues of reference (T) that will be received 
from an intake of radioactive material by an individual during the 50-
year period following the intake. The committed effective dose 
equivalent (CEDE) (HE,50) is defined in 10 CFR 20.1003 as 
the sum of the products of the weighting factors applicable to each of 
the body organs or tissues that are irradiated and the committed dose 
equivalent to these organs or tissues (HE,50 = 
WTHT,50). The total effective dose 
equivalent (TEDE) is the sum of the deep-dose equivalent (for external 
exposure) and the committed effective dose equivalent (for internal 
exposures).
    The ICRP-26 methodology was not incorporated into part 72 at the 
time part 20 was revised. Part 72 contains two regulations setting dose 
limits: Sec. 72.104, which sets dose limits during normal operations 
and anticipated occurrences; and Sec. 72.106, which sets dose limits 
for design basis accidents.
    The main objective of this final rule is to revise Sec. 72.106(b) 
to incorporate the part 20 methodology. A second objective of the rule 
is to make a minor word change to Sec. 72.104(a) to match the language 
used by EPA in 40 CFR 191.03(a).
    On March 19, 1998 (63 FR 13372), the NRC published the notice of 
proposed rulemaking that would amend ISFSI and MRS design basis 
accident dose limits to conform to the dose calculational methodology 
currently used in 10 CFR part 20, and to make a minor change to 
Sec. 72.104(a) to match EPA's regulation in 40 CFR 191.03(a). The 
public comment period expired May 4, 1998.

Discussion

    At present, Sec. 72.106, Controlled area of an ISFSI or MRS in part 
provides:
    (b) Any individual located on or beyond the nearest boundary of the 
controlled area shall not receive a dose greater than 5 rem to the 
whole body or any organ from any design basis accident. The minimum 
distance from the spent fuel or high-level radioactive waste handling 
and storage facilities to the nearest boundary of the controlled area 
shall be at least 100 meters.
    This 0.05 Sv (5 rem) limit to the whole body or any organ is 
amended in the final rule to conform with the part 20 dose 
calculational methodology. The amended limit becomes the more limiting 
of the TEDE of 0.05 Sv (5 rem), or the sum of the deep dose equivalent 
and the committed dose equivalent to any individual organ or tissue 
(other than the lens of the eye) of 0.5 Sv (50 rem). The amendment also 
includes a separate dose limit for the lens of the eye of 0.15 Sv (15 
rem); and for the skin or any extremity, a shallow dose equivalent of 
0.5 Sv (50 rem). The use of separate dose limits for the lens of the 
eye, skin, and extremities will conform with the dose calculational 
methodology used in part 20 and will ensure that no observable effects 
(e.g., induction of cataracts in the lens of the eye) will occur as a 
result of any accidental radiation exposure.
    This final rule makes Sec. 72.106 consistent with part 20 dose 
calculational methodology. This rule also provides part 72 licensees 
flexibility when performing design basis accident analyses because they 
would be able to use organ weighting factors to calculate the dose to 
the maximally exposed organ. In addition, part 72 licensees will no 
longer need to comply with one calculational methodology for their 
radiation protection programs (i.e., the revised part 20 methodology) 
and another methodology for their design basis accident analyses.
    This final rule does not revise Sec. 72.104(a) to incorporate ICRP-
26 methodology because doing so would render this regulation 
incompatible with the EPA's regulation at 40 CFR 191.03(a) which is 
applicable to ISFSI and MRS licensees. However, 40 CFR 191.03(a) 
phrases the standard in terms of dose limits to the whole body and any 
critical organ; whereas, Sec. 72.104(a) phrases the standard in terms 
of dose limits to the whole body and any organ. This final rule makes 
Sec. 72.104(a) more consistent with 40 CFR 191.03(a) by inserting the 
word critical before the word organ. The critical organ (listed in 
Table 1 of ICRP-2) associated with an intake of radioactive material is 
considered to be that organ of the body whose damage by the radiation 
results in the greatest damage to the body.
    This final rule adopts the term ``Lens dose equivalent'' in 
Sec. 72.106 which replaces the term ``Eye dose equivalent''. This new 
term was added to part 20 in an NRC final rule published on July 23, 
1998 (63 FR 39477).

Public Comments on the Proposed Rule

    The NRC received two public comments: one from the Nuclear Energy 
Institute (NEI), an organization that represents the nuclear energy 
industry, and the other from TSW Enterprises, a private company. Both 
commenters supported the proposed rule. NEI, while expressing 
disappointment that NRC was not amending Sec. 72.104(a) because this 
would create incompatibility with EPA's regulation, urged the NRC to

[[Page 54561]]

proceed with the revisions as proposed. TSW Enterprises also supported 
the proposed rule and suggested that in Sec. 72.104(a) the radiation 
exposure limits be expressed in metric units as well as English units 
in accord with the Commission's policy on the use of metric units (61 
FR 31169). The Commission agrees with this suggestion and this change 
is made in the final rule.

Criminal Penalties

    For purposes of section 223 of the Atomic Energy Act (AEA), the 
Commission is issuing the final rule under one or more of sections 
161b, 161: or 161o of the AEA. Willful violations of the rule will be 
subject to criminal enforcement.

Environmental Impact: Categorical Exclusion

    The NRC has determined that this final rule is the type of action 
described in categorical exclusion 10 CFR 51.22(c)(2). Therefore, 
neither an environmental impact statement nor an environmental 
assessment have been prepared for this regulation.

Paperwork Reduction Act Statement

    This final rule does not contain a new or amended information 
collection requirement subject to the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.). Existing requirements were approved by the 
Office of Management and Budget, approval number 3150-0132.

Public Protection Notification

    If an information collection does not display a currently valid OMB 
control number, the NRC may not conduct or sponsor, and a person is not 
required to respond to, the information collection.

Regulatory Analysis

    To determine whether the amendments to 10 CFR part 72 are 
appropriate, the NRC staff considered the following two alternatives:
    1. The No-Action Alternative. This alternative is not acceptable to 
the NRC for the following reasons. Section 72.106(b) would continue to 
be inconsistent with part 20. Part 72 licensees would demonstrate 
compliance with the dose limits in part 20 using the 1977 dose 
calculational methodology of ICRP-26 for their radiation protection 
programs as required by Secs. 72.24(e) and 72.44(d). However, part 72 
licensees would continue to use the 1959 dose calculational methodology 
of ICRP-2 in addressing radiation dose from a design basis accident as 
required in Sec. 72.106(b). Thus, licensees would not be able to take 
advantage of the flexibility provided by the dose calculational 
methodology used in part 20 when performing design basis accident 
analyses. Therefore, this alternative was not pursued.
    2. Amendments of 10 CFR part 72. In this option, the staff 
considered preparing a proposed rule to amend the dose limiting design 
objective in Sec. 72.106(b) to 5 rem TEDE. This is consistent with the 
intent of the existing Sec. 72.106(b), and updates the dose 
calculational methodology to that which is used for demonstration of 
compliance with part 20. Updating the dose calculational methodology 
also would increase the organ dose limit, CDE, from 5 rem to 50 rem; 
allow for the use of risk-based weighting factors for each organ or 
tissue to determine the 50-year CEDE; and provide licensees with 
additional flexibility in conducting and submitting design basis 
accident analyses to demonstrate compliance with the requirements in 
Sec. 72.106(b).
    In addition to the increased flexibility provided to licensees, 
they would no longer need to comply with one calculational methodology 
for their radiation protection programs (i.e., the revised part 20 
methodology) and another methodology for their design basis accident 
analyses.
    Moreover, design basis accident analyses for ISFSIs and MRS 
installations would use the same dose calculational methodology as 
design basis accident analyses for a geologic repository operations 
area (Sec. 60.136(b)). This alternative was chosen by the NRC.
    This constitutes the regulatory analysis for this final rule. As 
discussed above, this rule does not impose any new requirements. 
Therefore, there will be no additional cost burden to part 72 licensees 
or the Federal Government.

Regulatory Flexibility Certification

    As required by the Regulatory Flexibility Act of 1980, 5 U.S.C. 
605(b), the Commission certifies that this rule will not have a 
significant economic impact upon a substantial number of small 
entities. The final rule will provide licensees with additional 
flexibility in conducting and submitting design basis accident analyses 
to demonstrate compliance with the requirements in Sec. 72.106(b). In 
addition, the licensees would no longer need to comply with one 
calculational methodology for their radiation protection programs 
(i.e., the revised part 20 methodology) and another methodology for 
their design basis accident analyses.
    The final rule will not impose any additional obligations on 
entities that may fall within the definition of ``small entities'' as 
set forth in section 601(3) of the Regulatory Flexibility Act; or 
within the definition of ``small business'' as found in section 3 of 
the Small Business Act, 15 U.S.C. 632; or within the size standards 
adopted by the NRC on April 11, 1995 (60 FR 18344).

Small Business Regulatory Enforcement Fairness Act

    In accordance with the Small Business Regulatory Enforcement 
Fairness Act of 1996, the NRC has determined that this action is not a 
``major rule'' and has verified this determination with the Office of 
Information and Regulatory Affairs, Office of Management and Budget.

Backfit Analysis

    The NRC has determined that the backfit rule, Sec. 72.62, does not 
apply to this final rule, and a backfit analysis is not required, 
because these amendments do not involve any provisions that would 
impose backfits as defined in Sec. 72.62(a). This final rule does not 
constitute a backfit under Sec. 72.62, because it does not require a 
change to existing structures, systems, components, procedures, or 
organization. Further, the rule will not result in a more stringent 
outcome than the existing rule, and therefore, current licensees who 
are in compliance with the existing rule will not be required to make 
any changes or take any action. New applicants and license renewal 
applications will be able to take advantage of some additional 
flexibility in the dose calculations that is afforded by this rule.

Agreement State Implementation Issues

    Under the ``Policy Statement on Adequacy and Compatibility of 
Agreement State Programs'' approved by the Commission on June 30, 1997, 
(62 FR 46517), this rule is classified as a compatibility Category 
``NRC.'' This rule is not required for compatibility and addresses 
areas of exclusive NRC authority. This area of regulations cannot be 
relinquished to Agreement States pursuant to the Atomic Energy Act and, 
as such, States should not adopt this regulation.

List of Subjects in 10 CFR Part 72

    Criminal penalties, Manpower training programs, Nuclear materials, 
Occupational safety and health, Reporting and recordkeeping 
requirements, Security measures, Spent fuel.


[[Page 54562]]


    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 Commission is adopting 
the following amendments to 10 CFR part 72.

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF 
SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE

    1. The authority citation for part 72 continues to read as follows:

    Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 
184, 186, 187, 189, 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. 
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 
2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L. 86-373, 73 Stat. 
688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88 
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); 
Pub. L. 95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 102-
486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 102, Pub. L. 
91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 133, 135, 
137, 141, Pub. L. 97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, 
Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153, 
10155, 10157, 10161, 10168).
    Section 72.44(g) also issued under secs. 142(b) and 148(c), (d), 
Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b), 
10168(c), (d)). Section 72.46 also issued under sec. 189, 68 Stat. 
955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 
U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub. 
L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10165(g)). Subpart J also 
issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 97-
425, 96 Stat. 2202, 2203, 2204, 2222, 2224 (42 U.S.C. 10101, 
10137(a), 10161(h)). Subparts K and L are also issued under sec. 
133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 
(42 U.S.C. 10198).

    2. In Sec. 72.104, the introductory text of paragraph (a) is 
revised to read as follows:


Sec. 72.104  Criteria for radioactive materials in effluents and direct 
radiation from an ISFSI or MRS.

    (a) During normal operations and anticipated occurrences, the 
annual dose equivalent to any real individual who is located beyond the 
controlled area must not exceed 0.25 mSv (25 mrem) to the whole body, 
0.75 mSv (75 mrem) to the thyroid and 0.25 mSv (25 mrem) to any other 
critical organ as a result of exposure to:
* * * * *
    3. In Sec. 72.106, paragraph (b) is revised to read as follows:


Sec. 72.106  Controlled area of an ISFSI or MRS.

* * * * *
    (b) Any individual located on or beyond the nearest boundary of the 
controlled area may not receive from any design basis accident the more 
limiting of a total effective dose equivalent of 0.05 Sv (5 rem), or 
the sum of the deep-dose equivalent and the committed dose equivalent 
to any individual organ or tissue (other than the lens of the eye) of 
0.5 Sv (50 rem). The lens dose equivalent shall not exceed 0.15 Sv (15 
rem) and the shallow dose equivalent to skin or to any extremity shall 
not exceed 0.5 Sv (50 rem). The minimum distance from the spent fuel or 
high-level radioactive waste handling and storage facilities to the 
nearest boundary of the controlled area must be at least 100 meters.
* * * * *
    Dated at Rockville, Maryland, this 24th day of 1998.

    For the Nuclear Regulatory Commission.
L. Joseph Callan,
Executive Director for Operations.
[FR Doc. 98-27349 Filed 10-9-98; 8:45 am]
BILLING CODE 7590-01-P