Question 69: This question concerns radioactive effluent
concentrations. 10 CFR 20.1302 (b) (2) addresses the
annual average concentrations, and limits on these
concentrations, as they apply to members of the public. The
changes published as conforming amendments to Part 2
uniformly address violations to these effluent limits as
instantaneous values. While it is clear that significant
instantaneous concentrations of these limits constitute a
concern to public safety, the description that any release
in concentrations above the limits of Appendix B, Table 2
constitutes a Severity Level IV Violation and an
instantaneous release exceeding twice the limit of this
table constituting a Severity Level III Violation are not
consistent with the intent of the rule. It is requested
that the descriptions of violations be clarified with
respect to the clear intent of the rule that the limits of
Appendix B, Table 2 apply to annual average limits.
Answer: The examples in the enforcement policy concerning
release of radioactive materials to an unrestricted area at
concentrations in excess of the limits for members of the
public should be understood to refer to the annual average
concentrations and not the instantaneous concentrations.
There is no requirement in 10 CFR Part 20 based on the
instantaneous concentrations (although technical
specifications for power reactors do contain such
requirements); thus there can be no violation of a Part 20
requirement involving instantaneous concentrations and,
therefore, the question of the severity level of the
violation, and the examples used for these severity levels,
are not relevant. Nevertheless, the subject examples will
be clarified in a future revision of the enforcement policy
to make it clear that the subject examples refer to the
statement concerning annual average concentrations in 10
CFR 20.1302 (b) (2) (i). (Reference: 10 CFR 20.1302 (b))