[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