ML15212A855
| ML15212A855 | |
| Person / Time | |
|---|---|
| Issue date: | 08/20/2015 |
| From: | Henderson P Division of Materials Safety, Security, State, and Tribal Programs |
| To: | Korir G State of NY, Dept of Health and Mental Hygiene |
| Beardsley M | |
| Shared Package | |
| ML15209A869 | List: |
| References | |
| Download: ML15212A855 (15) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 August 20, 2015 Geoffrey Korir, Ph.D.
Director, Office of Radiological Health New York City Department of Health and Mental Hygiene 42-09 28 th Street 14 th Floor, CN 60 Long Island City, New York 11101
Dear Dr. Korir:
We have reviewed the New York City Department of Health and Mental Hygiene (NYC DOH) license condition, received by our office on July 27, 2015. The license condition was reviewed by comparison to the equivalent U.S. Nuclear Regulatory Commission (NRC) rules and the requirements of the one amendment identified in the enclosed State Regulation Status (SRS)
Data Sheet. We discussed our review of the legally binding requirements with you on August 19, 2015.
As a result of our review, we have two comments that have been identified in the enclosure.
While these comments are not directly related to 10 CFR Part 37 equivalent requirements, they are part of RATS ID 2013-1 and are therefore listed for completeness. Please note that we have limited our review to the legally binding requirements required for compatibility and/or health and safety. We have determined that if these requirements are revised, incorporating our comments and without other significant change, they would meet the compatibility and health and safety categories established in the Office of Nuclear Material Safety and Safeguards (NMSS) Procedure SA-200, Compatibility Categories and Health and Safety Identification for NRC Regulations and Other Program Elements.
We request that when you revise your regulations to address our comments, a copy of the revised regulations be provided to us for review. As requested in NMSS Procedure SA-201, Review of State Regulatory Requirements, please highlight the location of any changes made by NYC DOH, in response to our comments, and provide a copy to Division of Material Safety, State, Tribal, and Rulemaking Programs, NMSS.
The SRS Data Sheet summarizes our knowledge of the status of other NYC DOH regulations, as indicated. Please let us know if you note any inaccuracies, or have any comments on the information contained in the SRS Data Sheet. This letter, including the SRS Data Sheet, is posted on the NMSS State Communication Portal: https://scp.nrc.gov/rulemaking.html.
Additionally, please note that NRC has previously issued certain security Orders to one NYC DOH licensee. We have not listed the name of the licensee in this letter because that information is Official Use Only and cannot be made publicly available. Because the NRC-issued Orders are still legally binding, they must be rescinded by NRC concurrent with NYC DOHs promulgation of final regulations or legally binding requirements. Accordingly, close coordination is needed between NRC and your office to ensure there are no conflicts, duplications, or gaps regarding the security-related requirements for these licensees. Please contact Adelaide Giantelli, Source Management and Protection Branch Chief, NMSS for
information regarding the affected NYC DOH licensee and for coordination with rescission of the NRC-issued Orders and NYC DOH imposition of the legally binding requirement on this licensee.
If you have any questions regarding the comments, the compatibility and health and safety categories, or any of the NRC regulations used in the review, please contact Michelle Beardsley, State Regulation Review Coordinator, at (610) 337-6942 (michelle.beardsley@nrc.gov) or Stephen Poy at (301) 415-7135 (stephen.poy@nrc.gov).
Sincerely,
/RA Duncan White for/
Pamela J. Henderson, Deputy Director Division of Material Safety, State, Tribal and Rulemaking Programs Office of Nuclear Material Safety and Safeguards
Enclosures:
- 1. Compatibility Comments
information regarding the affected NYC DOH licensee and for coordination with rescission of the NRC-issued Orders and NYC DOH imposition of the legally binding requirement on this licensee.
If you have any questions regarding the comments, the compatibility and health and safety categories, or any of the NRC regulations used in the review, please contact Michelle Beardsley, State Regulation Review Coordinator, at (610) 337-6942 (michelle.beardsley@nrc.gov) or Stephen Poy at (301) 415-7135 (stephen.poy@nrc.gov).
Sincerely,
/RA Duncan White for/
Pamela J. Henderson, Deputy Director Division of Material Safety, State, Tribal and Rulemaking Programs Office of Nuclear Material Safety and Safeguards
Enclosures:
- 1. Compatibility Comments
Donna Janda, RSAO NYC File OFFICE ASPB ASPB OGC ASPB:BC MSTR:DD NAME SPoy MBeardsley CHair DWhite for CEinberg DWhite for PHenderson DATE 8/19/15 7/31/15 8/19/15 8/20/15 8/20/15 ML15212A855 OFFICIAL RECORD COPY Package ML15209A869
COMPATIBILITY COMMENTS ON NEW YORK CITYDEPARTMENT OF HEALTH AND MENTAL HYGIENE PROPOSED REGULATIONS STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 1
LC 30.13 2013-1 B
Carriers NYC DOH did not submit their equivalent regulation to 10 CFR 30.13 for review.
NYC DOH needs to provide for review the above equivalent regulation to 10 CFR 30.13 in order to meet the Compatibility Category B designation assigned to 10 CFR 30.13.
2 LC 71.97 2013-1 B
Advance notification of shipment of irradiated reactor fuel and nuclear waste.
NYC DOH did not submit their equivalent regulation to 10 CFR 71.97 for review.
NYC DOH needs to provide for review the above equivalent regulation that meets the essential objectives of 10 CFR 71.97 in order to meet the Compatibility Category B designation assigned to 10 CFR 71.97.
1 STATE REGULATION STATUS State: New York City Department of Health & Mental Hygiene Tracking Ticket Number: 15-51 Date: August 20, 2015
[ 1 amendment(s) reviewed identified by a
- at the beginning of the equivalent NRC requirement.]
RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1991-1 Safety Requirements for Radiographic Equipment Part 34 55 FR 843 (Superceded by 1997-5) 01/10/1994 Not Applicable Not Applicable NYCDH does not have authority to regulate this material under its portion of the Agreement.
1991-2 ASNT Certification of Radiographers Part 34 56 FR 11504 (Superceded by 1997-5) none Not Required Not Required These regulations are not required to be adopted for purposes of Compatibility.
1991-3 Standards for Protection Against Radiation Part 20 56 FR 23360; 56 FR 61352; 57 FR 38588; 57 FR 57877; 58 FR 67657; 59 FR 41641; 60 FR 20183 01/01/1994 Final No Comments 10/14/1997 1991-4 Notification of Incidents Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980 10/15/1994 Final ML113040041 Comments 12/05/2011 ML113110368 1992-1 Quality Management Program and Misadministrations Part 35 56 FR 34104 (Superceded by 2002-2) 01/27/1995 1992-2 Eliminating the Recordkeeping Requirements for Departures from Manufacturer's Instructions Parts 30, 35 57 FR 45566 none Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility.
2 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1993-1 Decommissioning Recordkeeping and License Termination: Documentation Additions [Restricted areas and spill sites]
Parts 30, 40 58 FR 39628 10/25/1996 Final ML112260003 No Comments 09/22/2011 ML112450346 1993-2 Licensing and Radiation Safety Requirements for Irradiators Part 36 58 FR 7715 07/01/1996 Not Applicable Not Applicable NYCDH does not have authority to regulate this material under its portion of the Agreement.
1993-3 Definition of Land Disposal and Waste Site QA Program Part 61 58 FR 33886 07/22/1996 Not Applicable Not Applicable NYCDH does not have authority to regulate this material under its portion of the Agreement.
1994-1 Self-Guarantee as an Additional Financial Mechanism Parts 30, 40, 70 58 FR 68726; 59 FR 1618 none Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility.
1994-2 Uranium Mill Tailings Regulations: Conforming NRC Requirements to EPA Standards Part 40 59 FR 28220 07/01/1997 Not Applicable Not Applicable NYCDH does not have authority to regulate this material under its portion of the Agreement.
1994-3 Timeliness in Decommissioning Material Facilities Parts 30, 40, 70 59 FR 36026 08/15/1997 Final ML061290502 No Comments 06/12/2006 ML061630264
3 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1995-1 Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material for Medical Use Parts 30, 32, 35 59 FR 61767; 59 FR 65243; 60 FR 322 (Part 35 Requirements Superceded by 2002-2) 01/01/1998 Not Applicable Not Applicable NYCDH has adopted final regulations equivalent to RATS IDs:
2002-2 and 2005-2.
NYCDH does not have authority for the Part 32 activity under its portion of the Agreement 1995-2 Frequency of Medical Examinations for Use of Respiratory Protection Equipment Part 20 60 FR 7900 03/13/1998 Final ML061290502 No Comments 06/12/2006 ML061630264 1995-3 Low-Level Waste Shipment Manifest Information and Reporting Parts 20, 61 60 FR 15649; 60 FR 25983 03/01/1998 Not Applicable Not Applicable NYCDH does not have authority to regulate this material under its portion of the Agreement.
1995-4 Performance Requirements for Radiography Equipment Part 34 60 FR 28323 (Superceded by 1997-5) 06/30/1998 Not Applicable Not Applicable NYCDH does not have authority to regulate this material under its portion of the Agreement.
1995-5 Radiation Protection Requirements: Amended Definitions and Criteria Parts 19, 20 60 FR 36038 08/14/1998 Final ML070290581 No Comments 02/23/2007 ML070520527 1995-6 Clarification of Decommissioning Funding Requirements Parts 30, 40, 70 60 FR 38235 11/24/1998 Final ML061290502 No Comments 06/12/2006 ML061630264
4 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1995-7 Medical Administration of Radiation and Radioactive Materials Parts 20, 35 60 FR 48623 (Superceded by 2002-2 and 2005-2) 10/20/1998 NYCDH has adopted final regulations equivalent to RATS IDs:
2002-2 and 2005-2.
1996-1 Compatibility with the International Atomic Energy Agency Part 71 60 FR 50248; 61 FR 28724 (Superceded by 2004-1) 04/01/1999 Proposed No Comments 02/09/1999 NYCDH has adopted final regulations equivalent to RATS ID:
2004-1.
1996-2 One Time Extension of Certain Byproduct, Source and Special Nuclear Materials Licenses Parts 30, 40, 70 61 FR 1109 02/15/1999 Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility.
1996-3 Termination or Transfer of Licensed Activities:
Record keeping Requirements Parts 20, 30, 40, 61, 70 61 FR 24669 06/17/1999 Final ML061290502 No Comments 06/12/2006 ML061630264 1997-1 Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air Act Part 20 61 FR 65120 01/9/2000 Not Applicable Not Applicable NYCDH does not have authority to regulate this material under its portion of the Agreement.
1997-2 Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction Within an Agreement State Part 150 62 FR 1662 02/27/2000 Final ML070290581 No Comments 02/23/2007 ML070520527
5 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1997-3 Criteria for the Release of Individuals Administered Radioactive Material Parts 20, 35 62 FR 4120 05/29/2000 Final ML100120050 Comments 03/08/2010 ML100330046 1997-4 Fissile Material Shipments and Exemptions Part 71 62 FR 5907 (Superceded by 2004-1) 02/10/2000 Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility. (See STP 078) 1997-5 Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial Radiography Operations Parts 30, 34, 71, 150 62 FR 28947 06/27/2000 Not Applicable Not Applicable NYCDH does not have authority to regulate this material under its portion of the Agreement.
1997-6 Radiological Criteria for License Termination Parts 20, 30, 40, 70 62 FR 39057 08/20/2000 Final ML070290581 No Comments 02/23/2007 ML070520527 1997-7 Exempt Distribution of a Radioactive Drug Containing One Micro curie of Carbon-14 Urea Part 30 62 FR 63634 01/02/2001 Not Applicable Not Applicable NYCDH does not have authority to regulate this material under its portion of the Agreement.
1998-1 Deliberate Misconduct by Unlicensed Persons Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773 02/12/2001 Final ML061290502 No Comments 06/12/2006 ML061630264 1998-2 Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-Issuing Licensees Parts 30, 40, 70 63 FR 29535 07/01/2001 Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility.
6 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1998-3 License Term for Medical Use Licenses Part 35 63 FR 31604 (Superceded by 2002-2) 07/10/2001 Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility. (See STP-98-074) 1998-4 Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial Radiographic Operations Part 34 63 FR 37059 07/09/2001 Not Applicable Not Applicable NYCDH does not have authority to regulate this material under its portion of the Agreement.
1998-5 Minor Corrections, Clarifying Changes, and a Minor Policy Change Parts 20, 32, 35, 36, 39 63 FR 39477; 63 FR 45393 10/26/2001 Final ML14083A492 Comments 06/12/2014 ML14083A469 1998-6 Transfer for Disposal and Manifests: Minor Technical Conforming Amendment Part 20 63 FR 50127 11/20/2001 Final ML14083A492 No Comments 06/12/2014 ML14083A469 1999-1 Radiological Criteria for License Termination of Uranium Recovery Facilities Part 40 64 FR 17506 06/11/2002 Not Applicable Not Applicable NYCDH does not have authority to regulate this material under its portion of the Agreement.
1999-2 Requirements for Those Who Possess Certain Industrial Devices Containing Byproduct Material to Provide Requested Information Part 31 64 FR 42269 10/04/2002 Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility.
1999-3 Respiratory Protection and Controls to Restrict Internal Exposure Part 20 64 FR 54543; 64 FR 55524 02/02/2003 Final ML061290502 No Comments 06/01/2006 ML061530099
7 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2000-1 Energy Compensation Sources for Well Logging and Other Regulatory Clarifications Part 39 65 FR 20337 05/17/2003 Not Applicable Not Applicable NYCDH does not have authority to regulate this material under its portion of the Agreement.
2000-2 New Dosimetry Technology Parts 34, 36, 39 65 FR 63750 01/08/2004 Final ML100050662 No Comments 03/08/2010 ML100321001 2001-1 Requirements for Certain Generally Licensed Industrial Devices Containing Byproduct Material Parts 30, 31, 32 65 FR 79162 02/16/2004 Not Applicable Not Applicable NYCDH does not have authority to regulate this material under its portion of the Agreement.
2002-1 Revision of the Skin Dose Limit Part 20 67 FR 16298 04/05/2005 Final ML061290502 No Comments 06/01/2006 ML061530099 2002-2 Medical Use of Byproduct Material Parts 20, 32, 35 67 FR 20249 10/24/2005 Final ML14083A492 No Comments 06/12/2014 ML14083A469 2003-1 Financial Assurance for Materials Licensees Parts 30, 40, 70 68 FR 57327 12/03/2006 Final ML092010319 No Comments 08/17/2009 ML092100446 2004-1 Compatibility With IAEA Transportation Safety Standards and Other Transportation Safety Amendments Part 71 69 FR 3697 10/01/2007 Final ML092010319 Comments 08/17/2009 ML092100446 2005-1 Security Requirements for Portable Gauges Containing Byproduct Material Part 30 70 FR 2001 07/11/2008 Not Applicable Not Applicable NYCDH does not have authority to regulate this material under its portion of the Agreement.
8 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2005-2 Medical Use of Byproduct Material - Recognition of Specialty Boards Part 35 70 FR 16336; 71 FR 1926 04/29/2008 Final ML14083A492 No Comments 06/12/2014 ML14083A469 2005-3 Increased Controls for Risk-Significant Radioactive Sources (NRC Order EA-05-090) 70 FR 72128 12/01/2005 License Condition ML052910113 No Comments 10/20/2005 ML052940009 2006-1 Minor Amendments Parts 20, 30, 32, 35, 40 and 70 71 FR 15005 03/27/2009 Final ML111390264 Comments 07/07/2011 ML111580570 2006-2 National Source Tracking System - Serialization Requirements Part 32 with reference to Part 20 Appendix E 71 FR 65685 02/06/2007 Not Applicable Not Applicable NYCDH does not have authority to regulate this material under its portion of the Agreement.
2006-3 National Source Tracking System Part 20 71 FR 65685, 72 FR 59162 01/31/2009 License Condition ML090080848 No Comments 01/22/2009 ML090120617 2007-1 Medical Use of Byproduct Material - Minor Corrections and Clarifications Parts 32 and 35 72 FR 45147, 54207 10/29/2010 Final ML111390264 Comments 07/07/2011 ML111580570 2007-2 Exemptions From Licensing, General Licenses, and Distribution of Byproduct Material: Licensing and Reporting Requirements Parts 30, 31, 32, 150 72 FR 58473 12/17/2010 Final ML14083A492 Comments 06/12/2014 ML14083A469
9 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2007-3 Requirements for Expanded Definition of Byproduct Material Parts 20, 30, 31, 32, 33, 35, 61, 150 72 FR 55864 11/30/2010 Final ML14083A492 Comments 06/12/2014 ML14083A469 2007-4 Order Imposing Fingerprinting Requirements and Criminal History Records Check Requirements for Unescorted Access to Certain Radioactive Material NRC Order EA-07-305 72 FR 70901 06/05/2008 Final ML092010319 No Comments 08/17/2009 ML092100446 2008-1 Occupational Dose Records, Labeling Containers, and Total Effective Dose Equivalent Parts 19, 20 72 FR 68043 02/15/2011 Final ML14083A492 No Comments 06/12/2014 ML14083A469 2009-1 Medical Use of Byproduct Material - Authorized User Clarification Part 35 74 FR 33901 09/28/2012 Final ML13081A469 Comments 04/24/2013 ML13093A335 2011-1 Decommissioning Planning Parts 20, 30, 40, 70 76 FR 35512 12/17/2015 2011-2 Licenses, Certifications, and Approvals for Materials Licensees Parts 30, 36, 39, 40, 70, and 150 76 FR 56951 11/14/2014 Not Applicable Not Applicable NYCDH does not have authority to regulate this material under its portion of the Agreement 2012-1 Change of Compatibility of 10 CFR 31.5 and 31.6 (See RATS ID: 2001-1 for Rule text) 77 FR 3640 01/25/2015 Not Applicable Not Applicable NYCDH does not have authority to regulate this material under its portion of the Agreement
10 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2012-2 Advance Notification to Native American Tribes of Transportation of Certain Types of Nuclear Waste Part 71 77 FR 34194 08/10/2015 2012-3 Technical Corrections Part 30, 34, 40 and 71 77 FR 39899 08/06/2015 Only the Part 71 revision is applicable to NYCDH 2012-4 Requirements for Distribution of Byproduct Material Parts 30, 31, 32, 40 and 70 77 FR 43666 10/23/2015 NYCDH does not have authority to regulate this material under its portion of the Agreement
- 2013-1 Physical Protection of Byproduct Material, 10 CFR Parts 20, 30, 32, 33, 34, 35, 36, 37, 39, and 71 78 FR 16922 03/19/2016 Proposed License Condition ML15209A882 Comments 08/20/2015 ML15209A869 NYC DOHs license condition addressed Part 37 requirements only.
The comments are not related to Part 37.
2013-2 Distribution of Source Material to Exempt Persons and to General Licensees and Revision of General License and Exemptions, 10 CFR Parts 30, 40, and 70 78 FR 32310 08/27/2016 NYCDH does not have authority to regulate this material under its portion of the Agreement 2015-1 Domestic Licensing of Special Nuclear Material -
Written Reports and Clarifying Amendments Part 70 79 FR 57721, 80 FR 143 01/26/2018 2015-2 Safeguards Information - Modified Handling Categorization, Change for Materials Facilities Parts 30, 37, 73, and 150 79 FR 58664, 80 FR 3865 01/28/2018
11 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2015-3 Revisions to Transportation Safety Requirements and Harmonization with International Atomic Energy Agency Transportation Requirements Part 71 80 FR 33987 07/13/2018