ML051890336
| ML051890336 | |
| Person / Time | |
|---|---|
| Site: | 05000042 |
| Issue date: | 06/23/2005 |
| From: | Klinger J State of IL, Emergency Management Agency |
| To: | Lohaus P NRC/STP |
| Mattsen C R | |
| References | |
| RIN 3150-AH41, STP-05-042 | |
| Download: ML051890336 (2) | |
Text
IE M A
-Rod R.
Blagojevich, Governor Illinois Emergency Management Agency Diviionof Ncler SaetyWilliam C. Burke, Director
-Division of Nuclear Safety Jine 23, 2005 Paul H; Lohaus, Director Office of State and Tribal Programs U.S. Nuclear Regulatoiy Commission Washington, D.C. 20555-0001 Re:
DRAFT PROPOSED RULE C."f R)IARTS 30, 31,32, AND 150:
EXEMPTIONS FROMIJCENSING, GENERkA LICENSES, AND STRIBUTIONOU)YPRODUCT MATERIALKLICENSINGAND REPORTING EQU REE S" (STP-050412, RIN 3150 - A141)
Dear Mr. Lohaus:
The Illinois e y
agenc ency), Division of Nuclear
- Safety submtsit i
ts
-tnhjropos'edievision.to 10 C.R 30, 31, 32 and 150. The letter e h'osed regu ns for exemptions from licensing, generalihedju se distribtiiiti/transer t and.certain other reporting-li2ens.ing>.,>'7.. s'.
geal.
- . *I
-'li'nse re9uireirets '
requirements.
s:
. The majority, >of tesl e
&cangdssefe'r'e mce rnfinufachiring and distfbution of exempt quantities that are reserved fci RCjfri-s'diction'.&owever,'Illinois has a significant 1en'eciges '~"Ningto~mments:
stake in the general license chgs' andas the folli om
- 1.
Themrule sh n
te Stes illh'ethe authority-to license distribution of NAR materika k
exeniftf uantities. NARM has been under discussion for in usi'o'iiiadrNRC jurisdiction recently and could be a point of confusion.
- 2.
Illinois heartily agrees with the proposal to prohibit bundling exempt sources to circumvent the general and specific licensing distribution process. However, the language used on the label -should state that exempt quantities "shall" not be combined. We have recovered devices in Illinois assembled in this manner, and the sources were found to be leaking since they had not been properly evaluated and prototype tested for certain environments.
1035 Outer Park Drive. Springfield, Illinois
- 62704
- Telephone (217) 785-9900
- http://wwvN.state.il.us/iema Printed by the authority of the State of Illinois on Recycled Paper
U.S. Nuclear Regulatory.Commission June 30, 2005 Page 2
- 3.
In 10 CFR 31.5(c)(8)(iii), the Agency supports NRC's efforts to clarify the provisions for transferring generally licensed devices to specific licenses including the associated reporting requirements.
- 4.
In 10 CFR 31.5(c)(10), NRC proposes to relax reporting requirements for losses and thefts of general license devices. This is directly tied to the inconsistencies noted nationally for registration of generally license devices.
Illinois requires registration of devices at more restrictive activity limits than NRC. We believe that our general licensing process is one of the best in the nation and provides a high degree of accountability for radioactive materials consistent with other national efforts in this area (Department of Homeland Security, DOE, etc). We believe we should maintain reporting requirements for thefts and losses of radioactive material to a similar standard especially regarding "thefts" as this potentially reflects malicious intent and trends should be scrutinized for these. In both respects, either for registration or reporting, Illinois is not restricting distribution or trade.
Clearly, in Illinois, registration takes place after the initial sale of the device and reports 'for losses/thefts are certainly incumbent upon the licensee not the distributor. In addition, setting general licensed devices apart from other products could easily lead to reporting lkst/stolens urces of the same activity for one form of licensee but not the other (sources of 800 gCi Am-241 under general license would not need to be reported but an 800 gCi Am-241 on a specific license would).
The Agency appreciates the opportunity to comment on this important rule change. Accountability of radioactive material is extremely important under current circumstances, and Illinois continues to work with the U.S. NRC and the licensed community to ensure the protection of public health and safety.
Sincerely, Joseph G. Klinger, Head
-RadioiMactiveV Mateials cc:
Catherine Mattsen U.S. Nuclear Regulatory Commission