[Federal Register Volume 63, Number 53 (Thursday, March 19, 1998)]
[Proposed Rules]
[Pages 13372-13374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7114]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 63, No. 53 / Thursday, March 19, 1998 /
Proposed Rules
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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.
ACTION: Proposed rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) proposes to amend its
regulations governing the dose limits and the dose calculational
methodology used in design basis accident analyses for Independent
Spent Fuel Storage Installations (ISFSI) and Monitored Retrievable
Storage Installations (MRS). This proposed rule would amend 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 is needed to make limits for design basis
accidents at ISFSI and MRS installations consistent with dose
methodology specified in the regulations, and to afford licensees the
flexibility provided by dose methodology when performing design basis
accident analyses.
DATES: The comment period expires May 4, 1998. 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 20555-0001. Attention: Rulemakings and
Adjudications Staff. Comments may be delivered to One White Flint
North, 11555 Rockville Pike, Rockville, MD 20852, between 7:30 am and
4:15 pm on Federal workdays.
You may also provide comments via the NRC's interactive rulemaking
web site 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 site, contact Ms. Carol Gallagher, (301) 415-
6215; e-mail [email protected]
Certain documents related to this rulemaking, including comments
received, may be examined at the NRC Public Document Room, 2120 L
Street NW. (Lower Level), Washington, DC. These same documents also may
be viewed and downloaded electronically via the interactive rulemaking
website established by NRC for this rulemaking.
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 section 72.106 establishes the dose limit for a
design basis accident at an independent spent fuel storage installation
(ISFSI) or a monitored retrieval 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 at 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 at Sec. 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 at Sec. 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 that specify
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 proposed rule is to revise
Sec. 72.106(b) to incorporate the methodology in 10 CFR Part 20. 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).
Discussion
At present, Sec. 72.106(b), Controlled area of an ISFSI or MRS
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 would be
amended in the proposed rule to conform with the Part 20 dose
calculational methodology. The amended limit would become 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 would also include 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 eye,
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skin, and extremities would conform with the dose calculational
methodology used in Part 20 and would ensure that no observable effects
(e.g., induction of cataracts in the lens of the eye) would occur as a
result of any accidental radiation exposure.
This action would make Sec. 72.106 consistent with Part 20 dose
calculational methodology. This action would also provide 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
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.
This proposed rule does not revise Sec. 72.104(a) to incorporate
ICRP-26 methodology because doing so would render this regulation
incompatible with the Environmental Protection Agency'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. The NRC staff proposes to make 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.
Environmental Impact: Categorical Exclusion
The NRC has determined that this proposed regulation 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 proposed regulation.
Paperwork Reduction Act Statement
This proposed rule does not contain a new or amended information
collection requirement, and therefore is not subject to requirements of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing
information collection requirements were approved by the Office of
Management and Budget, approval numbers 3150-0002, 3150-0127, and 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 NRC 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 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, licensees would
no longer need to comply with one calculational methodology for
radiation protection programs (i.e., the revised Part 20 methodology)
and another methodology for 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 (10 CFR 60.136(b)). This alternative was chosen by the NRC.
This constitutes the regulatory analysis for this proposed 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, if adopted, will not
have a significant economic impact upon a substantial number of small
entities. The proposed rule would 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 proposed rule, if adopted, would 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).
Backfit Analysis
The NRC has determined that the backfit rule, 10 CFR 72.62, does
not apply to this proposed rule, and a backfit analysis is not
required, because these amendments do not involve any provisions that
would impose backfits as defined in 10 CFR 72.62(a). The rule does not
constitute a backfit under 10 CFR 72.62, because it does not require a
change to existing structures, systems, components, procedures, or
organization. Further, the rule would not result in a more stringent
outcome than the existing rule, and therefore current licensees who are
in compliance with the existing rule would not be required to make any
changes or take any action. New applicants and license renewal
applications would be able to take advantage of some additional
flexibility in the dose calculations that is afforded by the rule.
Agreement State Implementation Issues
Under the ``Policy Statement on Adequacy and Compatibility of
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Agreement State Programs'' approved by the Commission on June 30, 1997
(62 FR 46517), this rule is classified as compatibility Category
``NRC.'' This regulation addresses areas of exclusive NRC authority.
However, a State may adopt these provisions for the purposes of clarity
and communication, as long as the State does not adopt regulations or
program elements that would cause the State to regulate this area.
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.
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 proposing
to adopt 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).
Sec. 72.104 [Amended]
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 25 mrem to the whole body, 75 mrem to
the thyroid and 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 eye 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 3rd day of March 1998.
For the Nuclear Regulatory Commission.
L. Joseph Callan,
Executive Director for Operations.
[FR Doc. 98-7114 Filed 3-18-98; 8:45 am]
BILLING CODE 7590-01-P
