ML20140B808

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Discusses Proposed Oklahoma Regulation Covering Radiation Mgt,Equivalent to 10CFR20,which State Plans to Adopt. Comments Submitted
ML20140B808
Person / Time
Issue date: 05/20/1997
From: Lohaus P
NRC OFFICE OF STATE PROGRAMS (OSP)
To: Broderick M
OKLAHOMA, STATE OF
Shared Package
ML20140B813 List:
References
NUDOCS 9706060332
Download: ML20140B808 (7)
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,k j? g UNITED STATES

i. NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 20066-0001  !

%,,m,/ May 20, 1997 l 1

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i Mr. Mike Broderick i Environmental Program Administrator j Radiation Management Section - I Department of Environmental Quality l 1000 Northeast Tenth Street i Oklahoma City, OK 73117-1212 l l

Dear Mr. Broderick:

We have reviewed the proposed Oklahoma regulation covering Radiation Management, equivalent to 10 CFR Part 20, which the Strate plans to adopt by reference. The regulation was reviewed by comparison to the equivalent NRC regulation in the Code of federal Regulations, Title 10, Chapter 1, " Nuclear Regulatory Commission," Parts 0199. We reviewed the equivalent Section of the Oklahoma regulation, Title 252, Department of  !

Environmental Quality, Chapter 400. Radiation Management, Subchapter 1. General Provisions, Part 1. Purpose, Part 3. Incorporation by Reference, and Part 5. Property ]

Release Standards; Subchapter 20. Standards for Protection Against Radiation: Subchapter

9. Supplemental Standards for Protection Against Radiation; and Subchapter 17. Section  !

252:400-17-37, Sec. 252:400-17-53, and Appendix A, B and C. Additionally, you j provided a copy of the State statute defining the term " person." l l

As a result of our review, we have identified three comments, as enclosed. These comments must be addressed in order to assure the compatibility of your regulations. ,

Note, that in a subsequent telephone discussion you stated that Oklahoma plans to adopt j the equivalent 10 CFR Part 20 definition for " person" in the State regulations. Comment j one would be addressed if the State continues with the plan to adopt the equivalent  !

definition in the regulations. (Please note that we are only providing comments on issues that affect the compatibility of your regulations.)

Under our current procedures, a finding that a State meets the compatibility criteria of the equivalent regulation may only be made based on a review of the final State regulation.

However, we have determined that if your proposed regulation was adopted incorporating the comments and without other significant change, they would meet the compatibility criteria as indicated in Office of State Programs Internal Procedure B.7. We request that when the proposed rule is adopted and published as a final rule, a copy of the "as published" rules be provided to us for review. As requested in our All Agreement States

! Letter SP-96-027, " Request to Highlight Changes to Agreement State Regulations l Submitted to NRC for Compatibility Review" (March 1,1996), please highlight any final changes and send one copy in a computer readable format, if possible.

l s 050049 E WCi IMC RLE CENTE3 PAPY 9706060332 970520 sw PDR STPRC ESG0K PDR

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A M. Broderick l If you have any questions regarding the comments, the compatibility criteria, or any of the NRC regulations used in the review, please call me or Patricia Larkins of my staff at l (301) 415 2309. l t

Sincerely,  ;

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- (M 1%4 Paul H. Lohaus, Deputy Director  !

Office of State Programs

Enclosure:

As stated  ;

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. s t i

t I M. Broderick I

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If you have any questions regarding the comments, the compatibility criteria, or any of the  !

NRC regulations used in the review, please call me or Patricia Larkins of my staff at j (301) 415-2309.  !

Sincerely,  !

i Original Signed Dr.

l PAULH.LOHAUS i 1  !

Paul H. Lohaus, Deputy Director l Office of State Programs i t

Enclosure. .

As stated f ,

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Distributioq: ,

DIR RF (NO.7S104) DCD (SP01) l SDroggitis PDR (YES v' NO ) l Oki:homa File l

DOCUMENT NAME: G:\PML\0KPT20.CVR

  • See Previous Concurrence, n ..c.iv. . copy of this document, indicato in the bou: "C" = Copy without ettechment/ enclosure "E" = Copy with attachment / enclosure "N" = No @y OFFICE OSP l E OSP:DD l NMSS' OGC l OSP:DMT NAME PMLarkins PHLohaus DCool FXCameron RLBangart~

DATE 05/14/97

  • 05/02/97
  • 05/13/97* 05/09/97

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i k ' REVIEW OF OKLAHOMA PROPOSED ADOPTION BY RE  !

L 10 CFR PART 20 REGULATIONS l '

! . State NRC Djn Rule Rule Subiect and Comments -

l l 1 Statute 20.1003 Definition: " Person" l -

l The State's Statutory definition of the term " Person" includes  !

! " federal agency." The State's inclusion of jurisdiction over Federal agencies is not consistent with 10 CFR 150.10. Section 274 contains no explicit waiver of the sovereign immunity of the United States;  ;

therefore, the agreement does not convey any authority for the State i to regulate Federal agencies. To maintain compatibility the term j should be deleted or the State should provide further clarification j that, with regard to agreement materials, Federal agencies are not ,

subject to these regulations.  ;

252:400-1-30 N/A Reference to 10 CFR i For clarification, add "(Standards for Protection Against Radiation)"

after the term " radiation management regulations" to identify the title of the specific NRC regulation cited.

252:400-1-3 20.2301 The State did not include a reference for 10 CFR 20.2301,  ;

Applications for exemptions. We would appreciate receiving a copy of the State regulation,252:400-1-3, Exemptions from the regulatory requirements, for our review as previously discussed with Mike j Broderick, Kay York, and Pam DeWoody on May 8,1997.

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< TRANSACTION REPORT >

05-20-1997(TUE) 16:10 i

E TRANSMIT 3 NO. DATE TIME DESTINATION STATION PG. DURATION MODE RESULT 32092 5-20 16:08 405 271 8425 3 0*01'29" NORM.E OK 3 0'01'29' l

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I If you have any questions regarding the comments, the compatibility criteria, or.- l any of the NRC regulations used in the review, please me or Patricia Larkins of my .

staff at (301) 415-2309. -!

1 Sincerely, '

c.

l l, i Paul H. Lohaus, Dep, y Director Office of State Programs  ;

j

Enclosure:

I As stated i

Distribution:

DlR RF (NO.7S104) DCD (SP01)

RLB:ngan PDR (YES NO )

PLohrus SDroggitis ,

PMLtrkins / 1 OK Regulations,/

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DOCUMENT NAME: G:\pml\OKPT20.pl Te ,eceive e copy of this document, indicate in the boa: 'C' = Copy without ettechment/ enclosure *E*

  • Copy with attachment! enclosure 'Is* = No copy OFFICE gPL ( OM:QD l NMSS OGCl OSP:D l NAME 1 'PWL'arkins @us DCool FXCameren RLBangart DATE 05/01/97 05D497 05/ /97 05/ /97 04/ /97 l

cuO Or b <=lJMu - l I ROUTING AND TRANSMITTAL SLIP i

DATE: May 2,1997 i

PARRALLEL CONCURRENCE / SIGNATURE l

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-DrCOOLvNMSS-CONCURRENCE M hNs - d[f/

2. F. CAMERON, OGC - CONCURRENCE -(/9/*77 J M i

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LETTER TO: MIKE BRODERICK ENVIRONMENTAL PROGRAM ADMINISTRATOR OKLAHOMA CITY, OK FROM: RICHARD L. BANGART, DIRECTOR l

OFFICE OF STATE PROGRAMS

SUBJECT:

OKLAHOMA PROPOSED, ADOPTION BY REFERENCE, l EQUIVALENT 10 CFR PART 20 REGULATIONS ,

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YOUR CO.NCURRENCE IS REOUESTED BY FRIDAY. MAY 13. 1997. j I

l OSP CONTACT: PAT LARKINS,415-2309 '

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t PLEASE CALL KATHALEEN KERR. OSP. 415-2326. FOR PICK-UP.

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