Standards for Protection Against Radiation; Clarification

NUCLEAR REGULATORY COMMISSION

10 CFR Parts 19, 20, 35, and 40

RIN 3150-AA38

Standards for Protection Against Radiation; Clarification

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule; clarification.

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SUMMARY: On December 22, 1993, a final rule making a number of

conforming amendments to the NRC's standards for protection against

radiation was published in the Federal Register (58 FR 67657).

References to the former standards for protection against radiation

were removed from the regulations, and, in that process, certain

requirements and provisions not intended to be removed were

inadvertently deleted. This final rule reinstates those applicable

implementation provisions of the NRC's regulations which were intended

to remain in effect or are needed for clarity.

EFFECTIVE DATE: August 15, 1994.

FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, Office of Nuclear

Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC

20555, telephone (301) 415-6219.

SUPPLEMENTARY INFORMATION: On May 21, 1991 (56 FR 23360), the Nuclear

Regulatory Commission (NRC) published its revised standards for

protection against radiation (10 CFR 20.1001-20.2401 and the associated

appendices). The revised standards for protection against radiation

incorporated scientific information and reflected changes in the basic

philosophy of radiation protection that had occurred since the

promulgation of the original regulations. The revisions conformed the

Commission's regulations to the Presidential Radiation Protection

Guidance to Federal Agencies for Occupational Exposure and to

recommendations of national and international radiation protection

organizations. The revised standards for protection against radiation

became effective on June 20, 1991. However, NRC licensees were

permitted to defer the mandatory implementation of these regulations

until January 1, 1993.

On August 26, 1992 (57 FR 38588), the NRC published a final rule

that extended the date by which NRC licensees were required to

implement the revised standards for protection against radiation from

January 1, 1993, until January 1, 1994. That document also made several

conforming amendments to the text of the revised standards for

protection against radiation that were necessary to reflect the new

mandatory implementation date.

On December 22, 1993 (58 FR 67657), the NRC published a final rule

on ``removal of expired material.'' In that final rule, effective on

January 1, 1994, a number of provisions were removed or modified to

reflect the effective date for NRC's revised standards for radiation

protection. Several provisions that were removed or modified by the

December 22, 1993, action should not have been removed or modified

because they have continuing effect beyond the January 1, 1994,

effective date for the revised standards for protection against

radiation. The NRC is concerned that some licensees might misinterpret

the Commission's intent in some instances because of the removal of

these paragraphs and/or references. Accordingly, this final rule

restores those provisions of Sec. 20.1008 that were incorrectly removed

by the December 22, 1993, rulemaking. These provisions clearly indicate

that requirements in effect prior to January 1, 1994, that are cited in

license conditions or technical specifications, may have continued

applicability. It also corrects minor errors discovered in reviewing

the published version of the December 22, 1993, final rule.

Specifically, 10 CFR 19.13 currently provides that, at the request

of any worker formerly engaged in licensed activities controlled by the

licensee, each licensee will provide to the worker reports of his/her

exposures if the worker was required to be monitored under the

provisions of Sec. 20.1502. This action clarifies that licensees

continue to be responsible for providing worker exposure reports to

those workers subject to the monitoring requirements in effect prior to

January 1, 1994.1 This will eliminate possible misinterpretations

caused by the deletion of the reference in Sec. 19.13(c) to formerly

applicable monitoring requirements found in Secs. 20.108 and 20.202 in

the December 22, 1993, amendments and will ensure that licensees are

aware that they are still responsible for providing workers with

records of their occupational exposure in accordance with the

monitoring requirements in the appropriate sections contained in the

current Part 20 or regulations in effect prior to January 1, 1994.

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\1\ Previous Secs. 20.108 and 20.202 provided personnel

monitoring requirements that were in effect prior to January 1, 1994

(see 10 CFR Chapter I as codified as of January 1, 1993). In

addition, it should be noted that the 1992 version of Chapter 10 of

the Code of Federal Regulations incorrectly referenced Sec. 20.107

as a monitoring requirement.

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This action restores portions of Sec. 20.1008, ``Implementation,''

which specify that technical specifications and license conditions that

cite regulations in effect prior to January 1, 1994, may, under some

conditions, take precedence over new Part 20 provisions. This action

facilitates the transition from formerly applicable Part 20 provisions

to current Part 20 provisions until technical specification changes,

license amendments, or license renewals are effected.

In 10 CFR 35.205 (a), the December 22, 1993, amendment replaced

references to Secs. 20.103 (Exposure of individuals to concentrations

of radioactive materials in air in restricted areas) and 20.106

(Radioactivity in effluents to unrestricted areas) with a reference to

Sec. 20.1301 (Dose limits for individual members of the public). This

action adds a reference to Sec. 20.1201 (Occupational dose limits for

adults) to correspond to the earlier reference to formerly applicable

Sec. 20.103. This will ensure that licensees understand that this

section covers dose limits for airborne concentrations in restricted

areas as well as unrestricted areas.

Also, in paragraph (c) of Sec. 35.205, the December 22, 1993,

amendments inadvertently revised a reference to the occupational

concentration limits in Appendix B to Part 20 to reference Sec. 20.1301

(i.e., dose limits for individual members of the public). This action

corrects the misreference to read Sec. 20.1201 to clarify that

occupational dose limits were intended rather than public dose limits.

In 10 CFR 40.34, this action corrects a transposed number which

resulted in a reference to units of quantities (Sec. 20.2101 (a))

rather than the intended reference to occupational dose limits

(Sec. 20.1201 (a)).

These amendments are corrective in nature and restore provisions

inadvertently deleted in prior amendments (December 22, 1993; 58 FR

67657). Because the opportunity for public comment was previously

provided for the changes that formed the basis for the December 22,

1993, amendments (May 21, 1991; 56 FR 23360 and August 26, 1992; 57 FR

38588), and because the proposed changes are minor corrective

amendments, the NRC has determined that good cause exists to dispense

with the notice and comment provisions of the Administrative Procedure

Act (APA) pursuant to 5 U.S.C. 553(b)(3)(B). For the same reasons, the

NRC has determined that good cause exists to waive the 30-day deferred

effective date provisions of the APA (5 U.S.C. 553(d)).

Environmental Impact: Categorical Exclusion

The NRC has determined that this rule is the type of action

described in categorical exclusion 51.22(c)(2). Therefore, neither an

environmental impact statement nor an environmental assessment has been

prepared for this final rule.

Paperwork Reduction Act Statement

This final 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, -0014, -

0010, and -0020.

Regulatory Analysis

This final rule is administrative in that it reinstates provisions

inadvertently removed from the text of an existing regulation. These

amendments will not have a significant impact. Therefore, the NRC has

not prepared a separate regulatory analysis for this final rule. The

final regulatory analysis for the May 21, 1991, final rule examined the

costs and benefits of the alternatives considered by the Commission in

developing the revised standards for protection against radiation and

is available for inspection in the NRC Public Document Room, 2120 L

Street, NW. (Lower Level), Washington, DC.

Backfit Analysis

The NRC has determined that the backfit rule, 10 CFR 50.109, does

not apply to this final rule and, therefore, that a backfit analysis is

not required for this final rule because these amendments do not

involve any provision that would impose backfits as defined in 10 CFR

50.109(a)(1).

List of Subjects

10 CFR Part 19

Criminal penalties, Environmental protection, Nuclear materials,

Nuclear power plants and reactors, Occupational safety and health,

Radiation protection, Reporting and recordkeeping requirements, Sex

discrimination.

10 CFR Part 20

Byproduct material, Criminal penalties, Licensed material, Nuclear

materials, Nuclear power plants and reactors, Occupational safety and

health, Packaging and containers, Radiation protection, Reporting and

recordkeeping requirements, Special nuclear material, Source material,

Waste treatment and disposal.

10 CFR Part 35

Byproduct material, Criminal penalties, Drugs, Health facilities,

Health professions, Medical devices, Nuclear materials, Occupational

safety and health, Radiation protection, Reporting and recordkeeping

requirements.

10 CFR Part 40

Criminal penalties, Government contracts, Hazardous materials

transportation, Nuclear materials, Reporting and recordkeeping

requirements, Scientific equipment, Security measures, Source material,

Special nuclear material, Uranium.

PART 19--NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS: INSPECTION

AND INVESTIGATIONS

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, sec. 234, 83 Stat. 444, as

amended (42 U.S.C. 2073, 2093, 2111, 2133, 2134, 2201, 2236, 2282);

sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); Public Law 95-

601, sec. 10, 92 Stat. 2951, as amended by Public Law 102-486, sec.

2902, 106 Stat. 3123 (42 U.S.C. 5851).

2. In Sec. 19.13, paragraph (c) is revised to read as follows:

Sec. 19.13 Notifications and reports to individuals.

* * * * *

(c)(1) At the request of a worker formerly engaged in licensed

activities controlled by the licensee, each licensee shall furnish to

the worker a report of the worker's exposure to radiation and/or to

radioactive material:

(i) As shown in records maintained by the licensee pursuant to

Sec. 20.2106 for each year the worker was required to be monitored

under the provisions of Sec. 20.1502; and

(ii) For each year the worker was required to be monitored under

the monitoring requirements in effect prior to January 1, 1994.

(2) This report must be furnished within 30 days from the time the

request is made or within 30 days after the exposure of the individual

has been determined by the licensee, whichever is later. This report

must cover the period of time that the worker's activities involved

exposure to radiation from radioactive material licensed by the

Commission and must include the dates and locations of licensed

activities in which the worker participated during this period.

* * * * *

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), secs. 201, as

amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C.

5841, 5842, 5846).

4. Section 20.1008 is added to read as follows:

Sec. 20.1008 Implementation.

(a) [Reserved].

(b) The applicable section of Secs. 20.1001-20.2402 must be used in

lieu of requirements in the standards for protection against radiation

in effect prior to January 1, 1994\1\ that are cited in license

conditions or technical specifications, except as specified in

paragraphs (c), (d), and (e) of this section. If the requirements of

this part are more restrictive than the existing license condition,

then the licensee shall comply with this part unless exempted by

paragraph (d) of this section.

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\1\See Secs. 20.1-20.602 codified as of January 1, 1993.

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(c) Any existing license condition or technical specification that

is more restrictive than a requirement in Secs. 20.1001-20.2402 remains

in force until there is a technical specification change, license

amendment, or license renewal.

(d) If a license condition or technical specification exempted a

licensee from a requirement in the standards for protection against

radiation in effect prior to January 1, 1994,\1\ it continues to exempt

a licensee from the corresponding provision of Secs. 20.1001-20.2402.

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\1\See Secs. 20.1-20.602 codified as of January 1, 1993.

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(e) If a license condition cites provisions in requirements in the

standards for protection against radiation in effect prior to January

1, 1994\1\ and there are no corresponding provisions in Secs. 20.1001-

20.2402, then the license condition remains in force until there is a

technical specification change, license amendment, or license renewal

that modifies or removes this condition.

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\1\See Secs. 20.1-20.602 codified as of January 1, 1993.

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PART 35--MEDICAL USE OF BYPRODUCT MATERIAL

5. The authority citation for Part 35 continues to read as follows:

Authority: Secs. 81, 161, 182, 183, 68 Stat. 935, 948, 953, 954,

as amended (42 U.S.C. 2111, 2201, 2232, 2233); sec. 201, 88 Stat.

1242, as amended (42 U.S.C. 5841).

6. In Sec. 35.205, paragraphs (a) and (c) are revised to read as

follows:

Sec. 35.205 Control of aerosols and gases.

(a) A licensee that administers radioactive aerosols or gases shall

do so in a room with a system that will keep airborne concentrations

low enough so as not to exceed the limits prescribed by Secs. 20.1201

and 20.1301 of this chapter. The system must either be directly vented

to the atmosphere through an air exhaust or provide for collection and

decay or disposal of the aerosol or gas in a shielded container.

* * * * *

(c) Before receiving, using, or storing a radioactive gas, the

licensee shall calculate the amount of time needed after a spill to

reduce the concentration in the room low enough so as not to exceed the

limits prescribed by Sec. 20.1201 of this chapter. The calculation must

be based on the highest activity of gas handled in a single container,

the air volume of the room, and the measured available air exhaust

rate.

* * * * *

PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL

7. The authority citation for Part 40 continues to read as follows:

Authority: Sec. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68 Stat.

932, 933, 935, 948, 953, 954, 955, as amended, secs. 11e(2), 83, 84,

Public Law 95-604, 92 Stat. 3033, as amended, 3039, sec. 234, 83

Stat. 444, as amended (42 U.S.C. 2014(e)(2), 2092, 2093, 2094, 2095,

2111, 2113, 2114, 2201, 2232, 2233, 2236, 2282); sec. 274, Public

Law 86-373, 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as amended,

202, 206, 88 Stat. 1242, as amended, 1244, 1246, (42 U.S.C. 5841,

5842, 5846); sec. 275, 92 Stat. 3021, as amended by Public Law 97-

415, 96 Stat. 2067 (42 U.S.C. 2022).

Section 40.7 also issued under Public Law 95-602, sec. 10, 92

Stat. 2951, as amended by Public Law 102-486, sec. 2902, 106 Stat.

3123 (42 U.S.C. 5851). Section 40.31(g) also issued under sec. 122,

68 Stat. 939 (42 U.S.C. 2152). Section 40.46 also issued under sec.

184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 40.71 also

issued under sec. 187, 68 Stat 955 (42 U.S.C. 2237).

Sec. 40.34 [Amended]

8. In Sec. 40.34, paragraph (a)(2) is amended by revising the

reference to ``Sec. 20.2101(a)'' to read ``Sec. 20.1201(a).''

Dated at Rockville, Maryland, this 9th day of August 1994.

For the Nuclear Regulatory Commission.

James M. Taylor,

Executive Director for Operations.

[FR Doc. 94-19900 Filed 8-12-94; 8:45 am]

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