Justificaiton

In August of 2007, The Nuclear Regulatory Commission (NRC) amended its regulations to include jurisdiction over discrete sources of radium-226, accelerator-produced radioactive materials, and discrete sources of naturally occurring radioactive material, as required by the Energy Policy Act of 2005 (EPAct), which was signed into law on August 8, 2005. This provided a regulatory framework by which to license and regulate byproduct material in accordance with the new, expanded definition. The amended regulations impacted numerous existing NRC information collections. The NRC packaged all the impacted information collections under the amended regulations and submitted it to OMB as a new information collection, which OMB approved and assigned control number 3150-0203. NRC is submitting this “no material or nonsubstantive change to a currently approved collection” to move the approved information collection burden covered under 3150-0203 to the NRC existing approved collections for Parts 20, 31, 32, and Form 313. One of the areas of existing Nuclear Regulatory Commission (NRC) regulations revised was Part 20 of which the information collection is covered by the currently approved information collection 3150-0014.

The amended sections of Part 20 covered in 3150-0203 are outlined below.

Section 20.1101 requires licensees to develop, document and implement radiation protection programs; establish radiation protection procedures; and perform program reviews periodically. The burden for recordkeeping requirements is contained in Section 20.2102.

Section 20.1202 sets limits for occupational exposures. The recordkeeping requirements for this section are contained in Section 20.2106. Dose limits are necessary to ensure the health and safety of the workers and members of the public. The reporting requirements for this section are contained in Section 20.2206. Both requirements are covered under separate OMB clearances for NRC Forms 4 and 5 (OMB clearance numbers 3150-0005 and 3150-0006).

Section 20.1204 requires licensees to make measurements as needed to assess intakes of occupationally exposed individuals. The recordkeeping and reporting requirements for this section are contained in Sections 20.2106 and 20.2206 respectively and are covered under separate OMB clearances for NRC Forms 4 and 5 (OMB clearance numbers 3150-0005 and 3150-0006).

Sections 20.1403(a)-(e) require certain information from the licensee if the licensee anticipates restrictions on future use of the licensed site. All of the licensees affected by this regulation are expected to terminate their licenses consistent with unrestricted release criteria. No additional licensees will be affected by this provision.

Section 20.1406 requires license applicants to describe in the application how facility design and procedures for operation will minimize contamination of the facility and the environment, facilitate eventual decommissioning, and minimize the generation of radioactive waste. The universe of licensees affected by this regulation is increased by an estimated 265 licensees, with an annualized one-time implementation burden for an 88 licensees.

Section 20.1501 requires licensees to conduct surveys and to monitor radiological conditions. These are necessary to ensure that the licensee is aware of all the radiological conditions that could contribute to dose in order to comply with dose limits. The recordkeeping requirements for this section are contained in Section 20.2103.

Section 20.1601(c) allows license applicants to describe in the application alternate methods for control of access to high radiation areas. The universe of licensees affected by this regulation is increased by an estimated 3 licensees that may operate high energy particle accelerators, with an annualized one-time implementation burden for one licensee.

Paragraph 20.1906(d) requires licensees to notify the carrier and the NRC regional office upon receipt of a radioactive material package which is damaged, contaminated, or where radiation levels exceed limits. The universe of licensees affected by this regulation is increased by an estimated 3 licensees, with an annualized one-time implementation burden for one licensee.

Section 20.1906(e) requires licensees to develop and maintain procedures regarding radioactive material shipment. The universe of licensees affected by this regulation is increased by an estimated 265 licensees.

Paragraph 20.2006(e) proposes a new regulatory requirement to prepare shipping manifest information if the licensee intends to ship Ra-226 or accelerator produced byproduct material for ultimate disposal at a facility licensed under 10 CFR part 61. This is needed to ensure the material is disposed of safely. There is no change in the number of affected licensees. If there were new licensees, the burden is cleared under NRC Form 664 (OMB Clearance No. 3150-0198).

Sections 20.2102(a) and (b) require licensees to maintain records, until license termination, of the radiation protection program, including ALARA provisions and program reviews. The universe of licensees affected by this regulation is increased by an estimated 265 licensees. There is an annual and a one-time implementation burden for this section. The annualized one-time implementation burden is for 88 licensees.

Sections 20.2103(a) and (b) require licensees to maintain records, until license termination, showing the results of surveys and calibrations required by this Part. The universe of licensees affected by this regulation is increased by an estimated 265 licensees.

Section 20.2106 requires that results of individual monitoring be recorded and maintained until the Commission terminates the license. The internal and external dose monitoring requirements are based on Section 20.1502. This recordkeeping requirement is covered in a separate OMB clearance for NRC Form 5 (OMB clearance number 3150-0006). The universe of licensee recordkeepers affected by this regulation is increased by an estimated 200 licensees.

Sections 20.2107(a) and (b) require information on the identity and quantity of radionuclides released by a licensee in effluents to unrestricted areas, and maintenance of the records until the license is terminated as the basis for estimating dose. The universe of licensees affected by this regulation is increased by an estimated 25 licensees.

Section 20.2108(a) requires records of byproduct waste disposal, until license termination. The universe of licensees affected by this regulation is increased by an estimated 50 licensees.

Paragraph 20.2201(a) requires licensees to report any theft or loss of licensed material by telephone immediately or within 30 days, dependent upon the potential risk to the health and safety of the public associated with the missing radioactive material, so that prompt corrective action can be taken. The universe of licensees reporting under this regulation is estimated to be increased by one.

Paragraph 20.2201(b) requires licensees to follow up telephone reports with written reports of the incident within 30 days of the telephone report. The universe of licensees reporting under this regulation is estimated to be increased by one.

Paragraph 20.2201(d) requires that any additional information relevant to the loss of radioactive material, discovered subsequent to the written report, be submitted within 30 days of discovery. The universe of licensees reporting under this regulation is estimated to be increased by one.

Section 20.2202(a) requires that the licensee immediately notify NRC upon becoming aware of specific incidents causing substantial exposures to or release of licensed material. No additional licensees will be affected by this provision.

Section 20.2202(b) requires that the licensee notify NRC within 24 hours upon becoming aware of specific incidents involving licensed material. The universe of licensees reporting under this regulation is estimated to be increased by one.

Section 20.2203(a) requires a written incident report following notification pursuant to Section 20.2202. The universe of licensees affected by this regulation is estimated to be increased by one.

Paragraphs 20.2206(b) and (c) require licensees to report the results of individual monitoring annually to NRC on NRC Form 5 or equivalent electronic media. These requirements are covered under a separate OMB clearance for NRC Form 5 (OMB clearance number 3150-0006).