[Federal Register Volume 64, Number 129 (Wednesday, July 7, 1999)]
[Proposed Rules]
[Pages 36615-36617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17190]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 40

[Docket No. PRM-40-27]


State of Colorado and Organization of Agreement States; Receipt 
of Petition for Rulemaking

AGENCY: Nuclear Regulatory Commission.

ACTION: Petition for rulemaking; Notice of receipt.

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SUMMARY: The Nuclear Regulatory Commission (NRC) has received and 
requests public comment on a petition for rulemaking dated May 10, 
1999, filed by the Officers of the Organization of Agreement States and 
the State of Colorado (petitioners). The petition has been docketed by 
the Commission and has been assigned Docket No. PRM-40-27. The 
petitioners are requesting that the NRC regulations governing small 
quantities of source material be amended to eliminate the exemption for 
source material general licensees from the requirements that specify 
standards of protection against radiation and notification and 
instruction of individuals who participate in licensed activities. 
Current NRC regulations exempt source material general licensees from 
these requirements. The petitioners believe that no basis exists for 
exempting these licensees from compliance with radiation safety 
standards if a licensee can exceed currently specified dose limits or 
create areas where individuals may be exposed to significant levels of 
radiation.

DATES: Submit comments by September 20, 1999. 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.

ADDRESSES: Submit comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555. Attention: Rulemakings and 
Adjudications Staff.
    Deliver comments to 11555 Rockville Pike, Rockville, Maryland, 
between 7:30 am and 4:15 pm on Federal workdays.
    For a copy of the petition, write: David L. Meyer, Chief, Rules and 
Directives Branch, Division of Administrative Services, Office of 
Administration, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001.
    You may also provide comments via the NRC's interactive rulemaking 
website through the NRC home page (http://www.nrc.gov). This site 
provides the availability to upload comments as files (any format), if 
your web browser supports that function. For information about the 
interactive rulemaking website, contact Ms. Carol Gallagher, (301) 415-
5905 (e-mail: [email protected]).

FOR FURTHER INFORMATION CONTACT: David L. Meyer, Office of 
Administration, U.S. Nuclear Regulatory Commission, Washington, DC 
20555. Telephone: 301-415-7162 or Toll Free: 1-800-368-5642 or E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    On May 13, 1999, the Nuclear Regulatory Commission received a 
petition for rulemaking submitted by the Officers of the Organization 
of Agreement States and the State of Colorado (petitioners). The 
petitioners believe that the NRC should restrict the exemption from 10 
CFR parts 19 and 20 for general licensees that appears at 10 CFR 
40.22(b).
    The petitioners contend that any licensee who has the potential to 
exceed any dose limits or who generates a radiation area as defined in 
10 CFR part 20 should be required to meet the radiation protection and 
worker notification requirements in both Parts 19 and 20. To do this, 
NRC would have to amend its regulations pertaining to source material 
general licensees in 10 CFR part 40. Specifically, 10 CFR 40.22(b) 
would have to be amended to revoke the exemption from 10 CFR parts 19 
and 20 for source material general licensees who could exceed public 
dose limits or dose equivalent limits for an embryo/fetus, would 
require personnel monitoring, or would require posting of a radiation 
area. The NRC has determined that the petition meets the threshold 
sufficiency requirements for a petition for rulemaking under 10 CFR 
2.802. The petition has been docketed as PRM-40-27. The NRC is 
soliciting public comment on the petition for rulemaking.

[[Page 36616]]

Discussion of the Petition

    The petitioners believe that the NRC regulations codified at 10 CFR 
40.22(b) provide a blanket exemption for source material general 
licensees from the radiation protection and associated worker 
protection requirements codified at 10 CFR parts 19 and 20. Currently, 
10 CFR 40.22(b) reads as follows:
    (b) Persons who receive, possess, use, or transfer source material 
pursuant to the general license issued in paragraph (a) of this section 
are exempt from the provisions of parts 19, 20, and 21, of this chapter 
to the extent that such receipt, possession, use or transfer are within 
the terms of such general license: Provided, however, That this 
exemption shall not be deemed to apply to any such person who is also 
in possession of source material under a specific license issued 
pursuant to this part.
    As proposed by the petitioners, 10 CFR 40.22(b) would read:
    (b) Persons who receive, possess, use, or transfer source material 
pursuant to the general license issued in paragraph (a) of this section 
are exempt from the provisions of parts 19, 20, and 21, of this chapter 
to the extent that such receipt, possession, use or transfer are within 
the terms of such general license: Provided, however, That this 
exemption shall not be deemed to apply to any such person:
    (1) Who is also in possession of source material under a specific 
license issued pursuant to this part;
    (2) Whose use of source material could exceed the occupational dose 
limits in Sec. 20.1201 through Sec. 20.1208;
    (3) Whose use of source material would require the use of personnel 
monitoring under Sec. 20.1502 (a), (b), or (c); or
    (4) Whose operation requires posting under Sec. 20.1902.
    The petitioners note that 10 CFR part 20 specifies basic radiation 
standards, consistent with national and international guidance, that 
apply to specific and most general licensees to provide the framework 
in which a licensee can perform safe operations, prevent employees and 
the public from exceeding dose limits, and maintain all radiation 
exposures As Low As Reasonably Achievable (ALARA). The petitioners also 
note that 10 CFR part 19 contains provisions to protect and inform 
individuals who participate in licensed activities that ``apply to all 
persons who receive, possess, use, or transfer material licensed by the 
Nuclear Regulatory Commission pursuant to the regulations in parts 30 
through 36, 39, 40, 60, 61, 70, or part 72 of this chapter * * *.'' 
(Emphasis added.)
    The petitioners believe that generally licensed quantities of 
source material may not have been regarded as a health and safety 
hazard when the exemption for source material licensees was enacted. 
However, the petitioners contend that after the exemption became 
effective, industry experience has revealed that source material 
general licensees can expose workers to levels of radiation that 
require monitoring, dispose of radioactive materials in a manner that 
would not be acceptable for other licensees, produce contamination that 
exceeds release limits, and potentially exceed public dose limits to 
individuals other than those working at their facilities.
    The petitioners further contend that no basis exists for exempting 
source material general licensees from compliance with part 20 
requirements pertaining to dose limits or posting of radiation areas. 
The petitioners believe that if a radiation hazard exists that would 
require most licensees to implement corrective measures, all licensees 
who create similar hazards should be required to eliminate the hazard. 
The petitioners also state that any individual who uses radioactive 
materials and the general public should be protected from unsafe and 
unnecessary exposure to radiation resulting from licensed activities. 
The petitioners believe that individuals who participate in licensed 
activities who may receive exposures that exceed the public dose limits 
in 10 CFR part 20 should be instructed as to their rights as radiation 
workers and the necessary procedures for safe usage of radioactive 
materials.
    The petitioners believe the NRC exemption for source material 
general licensees permits potentially hazardous radioactive materials 
to be transported into States without the knowledge or control of State 
radiation control programs. The petitioners cite two cases that they 
believe illustrate the problem with the blanket exemption in 10 CFR 
40.22(b) granted for source material general licensees. In January 
1999, the Colorado Radiation Control Program was notified that a 
dumpster had activated a radiation alarm at a landfill. The dumpster 
had been used for construction debris resulting from a remodeling 
project after a source material general licensee had vacated the 
facility.
    After exposure levels on the dumpster exterior measured 4.9 mR/hr 
(1.3uC/kg-hr), an investigation revealed that it was a source material 
general licensee who was responsible for the radioactive material. 
According to the petitioners, further investigation found the licensee 
ensured that its procurement did not exceed the 150-pound (68kg) per 
year limit specified in 10 CFR 40.22(a), had vacated the building with 
contamination [calculated at 734 mrem/year (7.34mSv/yr)] that exceeded 
the 25 mrem (250 uSv) annual limit for release for uncontrolled use, 
and had significant levels of exposure to thorium and its daughters at 
its current facility. The petitioners state that under the exemption in 
10 CFR 40.22(b), this and all other licensees who use similar 
quantities of source material are exempt from the health and safety 
requirements contained in part 20.
    The petitioners also cite a 1994 Environmental Protection Agency 
(EPA) enforcement action against Broomer Research, Inc., of Islip, Long 
Island, New York found as a result of an Internet search. EPA 
identified significant levels of radionuclides in the sludge from a 
plant where thorium fluoride was used in the manufacture of optical 
lenses. The petitioners do not believe that these cited cases are 
unique and are concerned that only one of the suppliers of thorium 
fluoride identified in an Internet search has provided a list of its 
Colorado customers as requested.
    The petitioners also contend that waste disposal by these general 
licensees creates exposure hazards and believe that general licensees 
who possess source material do not view waste disposal as an issue 
because this waste is only ``Generally Licensed'' and can be disposed 
of as common trash. Disposal of radioactive waste is controlled for 
specific licensees by the requirements in 10 CFR part 20 that prohibit 
disposal as common trash or dilution of waste in order for it to pass 
undetected through monitoring alarms at landfills, unless specifically 
authorized by regulation or license condition. The petitioners are 
concerned that when radioactive waste from source material licensees is 
transferred, those who receive the waste may be unaware of any hazard 
and subject to potential exposure, and may pass the hazard to another 
waste handler who is also unaware of the potential exposure.
    The petitioners considered three other regulatory alternatives to 
restricting the exemption for source material general licensees that 
included taking no action, separately licensing each entity who uses 
source material and could exceed part 20 exposure limits, and removing 
the exemption for all source material general licensees. The 
petitioners determined that taking no action is unacceptable because it 
allows general licensees to ignore basic radiation

[[Page 36617]]

protection standards and provides no protections to radiation workers.
    The petitioners also determined that issuing a license to each 
source material general licensee would involve more expense than 
amending the regulations and would be unworkable because these types of 
licensees often go in and out of business. Also, the petitioners 
believe it would be inappropriate to apply conditions to each source 
material general licensee absent a rulemaking process and that the NRC 
would not be able to easily determine the scope of activities for each 
licensee. Lastly, the petitioners determined that removing the 
exemption in 10 CFR 40.22(b) for all source material general licensees 
would be inappropriate because many of these licensees use only small 
quantities of source material and pose very minimal risks to employees 
and the public.

The Petitioner's Conclusions

    The petitioners conclude that 10 CFR 40.22(b) provides a blanket 
exemption for source material general licensees from the radiation 
protection and worker notification and instruction requirements 
contained in 10 CFR parts 19 and 20. The petitioners also conclude that 
no basis for this exemption exists because it allows these licensees to 
exceed currently specified dose limits, create areas where individuals 
may be exposed to significant levels of radiation, and dispose of 
radioactive waste in ways that are not permitted for other licensees. 
The petitioners request that the exemption in 10 CFR 40.22(b) be 
restricted as detailed in their petition for rulemaking to exclude 
source material general licensees who could exceed public dose limits 
or dose equivalent limits for an embryo/fetus or would require 
personnel monitoring or posting of a radiation area.

    Dated at Rockville, Maryland, this 29th day of June, 1999.

For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 99-17190 Filed 7-6-99; 8:45 am]
BILLING CODE 7590-01-P