[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]
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