Text

Letter to W. Irwin Vermont Revised Proposed Regulations
	ML18033A615
Person / Time
Issue date:	02/27/2018
From:	Christian Einberg; Division of Materials Safety, Security, State, and Tribal Programs
To:	Irwin W; State of VT, Dept of Health
	Beardsley M
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ML18033A613	List: ML18033A615;
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 February 27, 2018 William Irwin. Sc.D., CHP, Chief Office of Radiological Health Vermont Department of Health 108 Cherry Street P.O. Box 70 Burlington, VT 05402

Dear Dr. Irwin:

We have reviewed the proposed revisions to the Vermont regulations Chapter 6, Subchapter 5 - Radiological Health Rule, received by our office on January 17, 2018.

These regulations were reviewed by comparison to the equivalent U.S. Nuclear Regulatory Commission (NRC) rules as identified in the enclosed State Regulation Status (SRS) Data Sheet. We discussed our review of the regulations with you on February 20, 2018.

As a result of our review, we have six comments that have been identified in the enclosure.

Please note that we have limited our review to regulations required for compatibility or health and safety. We have determined that if these regulations are revised, incorporating our comment 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.

The SRS Data Sheet summarizes our knowledge of the status of all Vermont 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.

W. Irwin 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 (267) 884-2305 (Michelle.Beardsley@nrc.gov) or John Miller at (610) 337-5809 (John.Miller@nrc.gov).

Sincerely,

/RA Paul Michalak for/

Christian Einberg, Acting Deputy Director Division of Materials Safety, Security, State and Tribal Programs Office of Nuclear Material Safety and Safeguards

Enclosures:

1. Compatibility Comments

2. Vermont SRS Data Sheet

W. Irwin

SUBJECT:

VERMONT REVISED PROPOSED REGULATIONS DISTRIBUTION: SP[05]

MFord, RSAO

[VT] File OFFICE RI ASPB OGC ASPB:BC MSTR:DD NAME JMiller MBeardsley LShrum NLO via PMichalak PMichalak for email CEinberg DATE 2/2/18 2/2/18 2/16/18 2/27/18 2/27/18 ML18033A615 OFFICIAL RECORD COPY Package ML18019A050

COMPATIBILITY COMMENTS ON VERMONT PROPOSED REGULATIONS STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 1 1.2.5 All Parts NA Various General comment Vermont incorporates and unincorporates regulations by reference in multiple sections in their regulations, many of which conflict with the other. Specifically, section 1.2.5 lays out the incorporations/unincorporations- but then they are repeated later in various individual sections, e.g., Section 1.2.5.14 incorporates 10 CFR part 71 by reference in addition to section 18.2.2. However, in 1.2.5.14 there are additional statements regarding 10 CFR 71.17(c)(3) that were omitted in Section 18.2.2.

Also, Vermont has incorporated 10 CFR 150.3 Definitions in section 1.2.5, unincorporated 10 CFR 150.3 in sections 1.2.5.15 and 12.10.2, and then incorporates the definitions of 10 CFR Part 150 in section 1.3. This approach causes confusion and creates inconsistencies between regulations.

Vermont needs to: delete the redundant sections to 1.2.5; delete section 1.2.5; or be sure that these sections are consistent in order to meet the various Compatibility Category designations assigned to the applicable 10 CFR Parts.

2 1.2.5.1 10 CFR 19.3 NA D/NRC Definition: Regulated entities 7.2.1 Vermont incorporates the definition of Regulated entities by reference in sections 1.2.5.1, and 7.2.1. Vermont needs to exclude this definition from incorporation by reference. If Vermont wishes to have an equivalent regulation, Vermont should include a Enclosure 1

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS new definition citing activities under Vermont authority in section 1.3.

Vermont needs to make the changes indicated above in order to meet the Compatibility Category D/NRC designations assigned to 10 CFR 19.3 Definition: Regulated entities.

3 12.10 10 CFR 30.41 Part 30 C Transfer of byproduct material In section 12.10.4, Vermont includes a reference to 12.12 regarding reciprocity of licenses; however Vermont has deleted Section 12.12.

Vermont needs to correct the reference as indicated above in order to meet the Compatibility Category C designation assigned to 10 CFR 30.41.

4 12.8.2 10 CFR 40.4 Part 40 [A], [B], B, Definitions 1.2.5.12 H&S In sections 1.2.5.12 and 12.8.2, Vermont does not incorporate 10 CFR 40.4 by reference. However, several definitions in 10 CFR 40.4 are required for compatibility and should be included in Vermonts adoption by reference as follows:

1) Agreement State- [B] compatibility category

2) Alert- [A],

3) Byproduct Material- H&S,

4) Site Area Emergency- [A],

5) Source Material- [A],

6) Special Nuclear Material- [A],

7) Unrefined and Unprocessed Ore-B.

Vermont needs to include the definitions as indicated above in order to meet the noted Compatibility Category designations assigned to 10 CFR 40.4 Definitions.

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STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 5 1.2.5.14 10 CFR NA B General license: NRC approved 71.17(c)(3) package In section 1.2.5.14, Vermont omits the section number, i.e., .17 as highlighted below:

In 10 C.F.R. 71.17(c)(3), the submission required before the first use of a NRC approved package should be sent to the NRC, ATTN:

Document Control Desk, Director, Division of Spent Fuel Storage and Transportation, Office of Nuclear Material Safety and Safeguards, using an appropriate method listed in

§ 71.1(a), the licensees name and license number and the package identification number specified in the package approval.

Vermont needs to add the section number as indicated above in order to meet the Compatibility Category B designation assigned to 10 CFR 71.17(c)(3).

6 1.2.5 10 CFR 150.20 NA C Exemptions and Continued 12.10.2 Regulatory Authority in Agreement States and in Offshore Waters Under Section 274 Vermont needs to include the following conditions regarding their adoption by reference of 10 CFR 150.20:

o Where the words non-agreement states, areas of exclusive federal jurisdiction within agreement states, or offshore waters are used in 10 Code of Federal Regulations 150.20(a)(1)(i), (ii),

(iii), (b), (b)(3), and (b)(4) substitute the words state of Vermont. (*Vermont also needs to follow a similar definition change for Part 31) o Where the words agreement states license are used in 10 3

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS Code of Federal Regulations 150.20, also add the words Nuclear Regulatory Commission license.

o Where the words license issued by an agreement state are used in 10 Code of Federal Regulations 150.20 also add the words license issued by the Nuclear Regulatory Commission.

o Where the words license from an agreement state are used in 10 Code of Federal Regulations 150.20 also add the words license from the Nuclear Regulatory Commission.

Vermont needs to make the changes indicated above in order to meet the Compatibility Category C designation assigned to 10 CFR 150.20.

Editorial Comment State Section: Vermont regulations in Section 1.2.6.1 state, With the exception 1.2.6.1 of 10 CFR 30.4 and in the definition of Special Nuclear Material in 10 CFR 20.1003 which is incorporated by reference, a reference to NRC or Commission means the Vermont Department of Health.

Vermont needs to substitute the word is with are.

4

STATE REGULATION STATUS State: Vermont Tracking Ticket Number: 18-18 Date: 02/27/2018 Vermont Submittal Description Incoming Outgoing Notes Letter Package

10 CFR Part 19 ML17172A627 Comments Vermont Radiological Health Rule 6/19/2017 10/25/2017 ML17172A626 Revised Comments Proposed 01/09/2018 ML17331A820 ML17331A819 11/22/2017 Revised No Comments Proposed 02/27/2018 ML18019A066 ML18019A050 01/18/2018

10 CFR Part 20 ML17172A627 Comments Vermont Radiological Health Rule 6/19/2017 10/25/2017 ML17172A626 Revised Comments Proposed 01/09/2018 ML17331A820 ML17331A819 11/22/2017 Revised No Comments Proposed 02/27/2018 ML18019A066 ML18019A050 01/18/2018 Enclosure 2