U.S. Nuclear Regulatory Commission

Enforcement Policy For Hot Particle Exposure - Answers to Three Questions

HPPOS-246 PDR-9111220096

Title: Enforcement Policy For Hot Particle Exposure -

Answers to Three Questions

See the memorandum from L. J. Cunningham to J. H. Joyner

(and others) dated November 3, 1990. This memo notes that

IE Information Notice No. 90-48 states what NRC will do,

not what licensees are required to do, in assessing the

dose from hot particle exposures. The enforcement policy

does not require any licensee to change any procedure, and

the existing flexibility in determining compliance with

dose limits in 10 CFR 20 has not been eliminated as a

result of this policy. The dose to be recorded on NRC Form

5 (or equivalent) is the dose calculated to determine

compliance with the relevant Part 20 limit. The health

physics position was written in the context of 10 CFR

20.101, but it also applies to "new" 10 CFR 20.1201.

IE Information Notice 90-48, "Enforcement Policy for Hot

Particle Exposures," dated August 2, 1990, was sent to all

power reactor licensees. Since that time, nearly everyone

who has telephoned the NRR technical contacts about this

policy has asked if licensees are required to change any of

their procedures as a result of this policy. Also,

attendees at the Edison Electric Institute (EEI) Health

Physics Group meeting in Long Beach asked if, as a result

of this policy, existing flexibility in determining

compliance with the Part 20 limits has been eliminated.

The answer to the first question is no; the enforcement

policy does not require any licensee to change any

procedure. The enforcement policy states what the NRC will

do, not what licensees are required to do. This question

arose primarily because of the statement in the policy that

"In determining whether a hot particle exposure has

exceeded the limits of 10 CFR 20.101 [or 10 CFR 20.1201],

... hot particle exposures will not be added to skin doses

from sources other than hot particles...." Licensees, who

have been adding hot particle exposures to other skin

doses, asked if they needed to change their procedures for

recording skin doses. They were assured that they did not

need to change, but that the NRC would follow this policy

in determining whether or not an overexposure had occurred.

However, because of this statement in the policy, any

licensee who chooses to change record-keeping procedures so

as not to add hot particle exposures to other exposures is

free to do so.

The answer to the second question is also no; existing

flexibility in determining compliance with the Part 20 dose

limits has not been eliminated as a result of the policy.

This question arose primarily as a result of the statement

in the policy, taken from NCRP Report No. 106, that "...

the hot particle will be assumed to have been in contact

with the skin." However, this statement applies to use of

the policy after it has been determined that there has been

an overexposure. It does not have to be applied in the

determination of compliance or non-compliance with the dose

limits in 10 CFR 20.101 [or 10 CFR 20.1201]. However, once

the NRC staff has been informed that there has been an

overexposure, the staff is to use the assumptions required

by the policy to determine whether a notice of violation

will be issued and, if so, what the severity level should

be.

The following example may help clarify the answer to the

second question. Assume a hot particle has been found on

the inside of an inner (modesty) garment of a worker. In

determining the skin dose [or shallow dose equivalent] for

comparison with the relevant Part 20 dose limit [see 10 CFR

20.1201], the licensee and the NRC staff need not assume

that the particle was on the skin during the period of the

exposure. As in the past, the particle may be assumed to

have been on the clothing where it was found and the dose

to the skin may be determined using reasonable time and

motion studies that take into account the movement of the

garment and particle relative to the skin. If the dose

determined using these assumptions is below the relevant

Part 20 limit [see 10 CFR 20.1201], the enforcement policy

need not be considered. However, if the dose exceeds the

limit, the enforcement policy, which is based on NCRP

Report No. 106, must be applied by the NRC staff. In

applying this policy to this example, it must be assumed

that the particle was on the skin during the entire period

of the exposure, because it cannot be shown that the

particle was never on the skin.

The above example also raises the question of what dose

should be recorded on NRC Form 5 (or equivalent). Since

Part 20 requirements are not changed by the enforcement

policy, the dose to be recorded is the dose calculated to

determine compliance with the relevant Part 20 limit.

However, licensees may, if they choose, add supplemental

information concerning methods and values used by NRC staff

in enforcement actions.

Regulatory references: 10 CFR 20.101, 10 CFR 20.1201

Subject codes: 2.1, 8.3, 12.7

Applicability: Reactors