ML20141G928

Forwards Comments Re Draft Regulations.Comments Re 850731 Draft Application for Section 274b Agreement Discussed During 851114-15 Meetings.Regulations Should Be Adopted as Soon as Possible to Meet Target Date

ML20141G928
Person / Time
Issue date:	11/15/1985
From:	Nussbaumer D NRC OFFICE OF STATE PROGRAMS (OSP)
To:	Lash T ILLINOIS, STATE OF
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References
NUDOCS 8604240026
Download: ML20141G928 (14)

Text

_ _ _ - - _

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, " "'% UNITED STATES y *g NUCLEAR REGULATORY COMMisslON Ref: SA/JOL WASHINGTON, D. C. 20655 g .

t, f f 3

%, # NOV 1s ioac e

Mr. Terry Lash, Director Department of Nuclear Safety 1035 Outer Park Drive Springfield, Illinois 62704

• l.

Dear Mr. Lash:

t

Thank you for the opportunity to review the draft application for a 1

Section 274b Agreement submitted to Wayne Kerr July 31, 1985. As we have discussed with your staff, copies of the draft have been circulated j to appropriate NRC offices for their. review ard coment. On November 14 P and 15, 1985 we met with you and your staff to discuss our coments.

Enclosed with this letter are our coments on the draft regulations.

Overall, we were pleased to find that Illinois chose to use the Conference's Suggested State Regulations as a model. As discussed in our meeting, we have divided our coments (enclosure) into three i categories:

I- Changes that must be made to the draft regulations so that, when adopted, NRC may make e. finding that they are compatible j with the regulations of NRC.

I 1 II - Changes that we urge Illinois to seriously consider making.

While not necessary for the' sake of compatibility, these are, generally, changes that would promote further consistency and l l unifomity between Agreement State and NRC regulations, or, 1 would significantly enhance the effectiveness of your j regulatory program.

III -Changes that reflect typographical errors or minor editorial comments. i

(

If you have any questions concerning our coments please call Joel l l

Lubenau at 301-452-9887. l

.As we also discussed, we believe Illinois should proceed with the adoption of these regulations as soon as possible to help enable meeting your target date for the Agreement to become effective.

If, in the Illinois adoption and public coment process, further changes to the draft regulations need to be considered, we would appreciate having these changes coordinated with us to avoid compatibility problems.

4 8604240026 860417 PDR STPRG ESGIL PDR l

-..----n . . _ , , . _ _ . - _ _ , _

m Mr. Terry Lash

• Very shortly, I will be confirming in a separate letter, our connents on ,

l the remainder of the draft application. . l t l We were pleased to have this opportunity to meet and work with you and the IDNS staff and look forward to a productive relationship for the i future.

Sincerely, f

Donald A. Nussbaumer y

Assistant-Director for State Agreements Program l Office of State Programs l

Enclosure:

As stated cc

R. Lickus, RIII, w/ enc 1.

/

Distribution: l SA R/F  :

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Category I 1.

~

The 274b Agreement does not provide for discontinuance of any authority and responsibility of the Comission to regulate construction and operation of nuclear reactors, Federal agencies and certain other functions that are specified by statute to be ret.erve'! to NRC. Illinois' proposed regulations need to be revised to clearly reflect these reservations of authority:

A2} Revise the Scope of Part 310 (Sec. 310.1) to conform to SSR by i

deleting the phrase following " Illinois"; adding a semicolon, and the following:

l "provided, however, that noth ng in these regulations shall apply to any person to 'he extent such person is subject to regulation by the s.S. Nuclear Regulatory Comission.*

• Agency Note: Attention is directed to the fact that regulation by the State of source material, byproduct material, and special nuclear material in quantities not sufficient to fonn a critical mass in subject to the provisions of and agreement between the State and the U.S. Nuclear Regulatory Comission and to 10 CFR Part 150 of the Comission's regulations."

B. Revise the definition of " Person" in 310.2 by deleting everything following " foregoing" and adding a period. This conforms it to SSR and makes it consistent with its use (and the exclusion of NRC regulated activities) in the Sco'pe, 310.1.

C. Revise the definition of " Radiation Installation" in 310.2, by adding.to the end, following " purpose": -

"except where such radioactive materials or facility are subject to regulation by the U.S. Nuclear Regulatory Comission."

D. Revise the introductory paragraph of 320.1 by inserting in the third line after " purpose":

"which is not subject to regulation by the U.S. Nuclear Regulatory Comission."

2. Part Page Sec. Line Coment 310 10-12 .2, -

Delete this definition in

" Transport its entirety. Except for group" limited use in 10 CFR Part 20, the use of Transport g oups has been replaced by

, nd "A2 " quantities.

(~ ~ -~ . u _ mnn. --. a . = . :- . - .. . - .. .

1. , , . .

i t Part Page Sec. Line Comment

.l Appropriate chtnges are recomended below for your

, equivalent to Part 20 to eliminate the need for this

,1 definition.

1 310 laa .7a - It would be helpful to understand the purpose of

! this paragraph. It is acceptable only if the definition of " radiation

, installation" is revised

per our Category I coment 3 above.

310 17-24 App. A - Delete per coment above on

" Transport group;" change 1 heading of " Appendix B" to

. " Appendix A" and change the x-reference in the i definition of "special form" in 310.2 to " Appendix A."

) 330 2 .3c)2)B) -

Delete. NRC deleted this exemption on 6/30/83 in response to the cloissone jewelry problem.

! 330 6 .4c)1) 5 After " products," delete i

' the comma and insert:

"or persor.s who initially

) transfer for sale or ,

.1 distribution the following '

] products."

! This makes clear that

.I initial transfers are not l exempt from licensing.

330 10 4c)3)A) 2 After " produce." insert:

"or initially transfer for

sale and distribution."

i 330 32 .4j)1) 7 Delete " imported" and y insert: " initially transferred."

. 330 32 .4j)1) 10 After " manufactured,"

insert: "or initially transferred."

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I Part Page Sec. Line Comment 330 52 .28a)1) 5-8 Delete"tobe}ransferred to persons exempt under Section330.4(a)(1)"and i replace with: "and the transfer of ownership or j possession of the product

as material containing the byproduct material."

1 330 76 .28n) 5 Delete " distribution" and I insert: " initial transfer."

l i 330 89-93 .100 .104 - Delete in favor of 330.341.

331 1 .3b)2) - Delete since the Agreement will not cover this category of i byproduct material and change the numbering of the following subparagraphs to "2)" and "3)." i l

331 2 .3h)1) 3 Delete the phrase, l

" determines to be special i

! nuclear material" and insert instead: " declares by order to be special nuclear material after the U.S. Nuclear Regulatory Comission or any successor

! thereto has determined the j material to be such." l

- 1 340 10 .105a)1) 4 Change "and" to "or." l 340 18 .203e)7) -

Delete the 2nd sentence and follow 10 CFR 20.203(c)(7).

!' 340 25 .303a)1) - Add "and" to the ends of

&a)2)B these subparagraphs.

i

! 340 32 .308a)3) - Query: Why wasn't the SSR

, & 4) followed? These require-l 33 .308b)2) ments affect LLW shipped i out-of-State as well as LLW destined for disposal in Illinois. Because of the interstate commerce

' implications, the SSR language must be followed.

Different or more stringent requirements for disposal in Illinois can be incorporated into the Illinois license issued to

- the disposal site operator.

t i

1._.-..,_.__-_-1 -- _ __ . , . _ _ - _

- _ _ ,e l: .

_4 l1 Part Page Sec. Line Comment i

I 340 - 32 .308a)7) -

Insert as the hstsentence:

" Waste must not be pyrophoric." Also add a

x-reference to Sec. 601.2 for the definition of "pyrophoric."

207 341 27 Table A A Bi should b$valuefor

10. (Error in 10 CFR).

601 1 .lb)1) - Delete this subparagraph since the Agreement.does i

not include byproduct -

l material in the form of tailings. Chan subparagraph"(ge2)to"(1)."

601 13 .12h) 7 The end of the last sentence is incomplete:

The phrase "and transfer of '

the license to the site owner" is missing. Is ,

there a reason for the  !

omission?

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! , Category II I

Part Page Sec. Line Comment 310 2 .2 - Add a definition of " Chelating agent" (see 10 CFR 61.2). The i term is used in Sec. 340 at 340.311a) as well as in 601.

. 310 5 .2, - We assume this is intended for

" Operator" use in conjunction with Sec.

'i 320, " Registration." The i definition is not equivalent to j that of the Atomic Energy Act i but is acceptable provided the i Category I comment on 320.1 is i

accommodated.

4 310 9 .2, - Delete this definition since the

" Source proposed Agreement does not

material cover this activity. (If retained, change the definition i milling" i

reference to "as defined in I section11e.(2)oftheAtomic

! Energy Act, as amended."

320 1 .1 -

Is it Illinois' intention to apply these registration

. requirements upon specific licensees of Illinois? The j re

- b)quiredinformation(320.la),

andc))arenormally I contained in a license

! application.

i t 330 5 .3 -

Since Part 601 relates to I requirements for disposal of LLW 1 including source material, it i would be appropriate to add the ,

1 following exemption as a l i subparagraph e): "Except as l

specifically provided for in

'Part 601 of these regulations,  !

any licensee is exempt from the requirements of this part to the extent that its activities are subject to the requirements of Part 601 of these regulations."

See 10 CFR 40.41(d).

330 5 .4a)1) - Add to the end of this

subparagraph

"This section shall not be deemed to authorize 1 1

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Part Page Sec. Line Comment l the import of radioactive materials or products containing radioactive materials."

330 20 .22d)3)I 3 Insert " radiation" after

" reporting."

330 37 .26a) 2 Insert before "A specific. . .":

"In addition to the requirements set forth in Section 330.25.".

I; 330 53 For consistency with current 10

' .28a)2) 2 CFR requirements, insert:

l " maintain records of transfer of material and" delete "an annual report" in line 2 and the last s

sentence and replace with language equivalent to 10 CFR j 31.12(c).

330 55 .28b)3) - .

For consistency with current 10 CFR requirements: delete and I

replace with language equivalent

' to 10 CFR 32.20.

l .

330 57 .28d)1)c) - For clarity, after the initial iii) subparagraph iii, insert: "For devices containing radioactive materials other than NARM," and

• on p.58, after the 1st Agency Note, insert: "For devices containing NARM."

330 62 .28d)4)E)- For consistency, we recommend j

conforming the record keeping requirements to 10 CFR 32.52(c) i by adding to the end: "The records required by this 2

paragraph shall be maintained for a period of five years from the date of the recorded event."

330 63 .28g)2) -

For clarity, add after subparagraph 2): "For radioactive drugs containing radioactive materials other than NARM:," and add after subparagraph B): "For radioactive drugs containing NARM:"

330 65&66 .28h)4) -

For clarity make additions similar to those for 330.289)2) above.

i

- _ _. _ _ . _ ~ . _ - - - - - _

-7 Part Page Sec. Line Comment ,

330 105, 107 GroupI,1) - Insert for clarity and 108 & 109 Group II,s) preciseness insert Efter GroupIV,d) (IND)": "has been accepted by Group V.d the Food & Drug Administration (FDA)" and change " accepted" to

" approved" (for NDA's).

340 8 .103c) 7-9 Change the reference to NRC RG 8.15 to 10 CFR 20.103(c) (or rewrite this subparagraph to conform to 10 CFR 20.103(c)). -

10 CFR 20.103(c) was revised to incorporate the relevant material originally contained in RG 8.15, and thus the RG is subject to revision and deletion of the material. The x-reference (andAgencyNote)isnolonger appropriate.

340 8 .103d) - The texts of subparagraphs d),

e) & f) e) & f) should follow those in 10CFR20.103(d),(e)and(f).

340 8 .103 - The section is also deficient in that there is no appendix cotr. parable to 10 CFR Part 20, Appendix A, Protection Factors for Respirators.

340 27 .307a) 2 Insert " radioactive" before 28 .307c 2 " waste."

30 .307e 2 33 .311a 1 340 28 .307b)2) 3 Insert after disposal a x-reference: " Stability is I defined in Section 601.2." This

- is needed here since the definitions in Part 601 as.

stated for use in that part and not in others.

340 28 .307c)2) - For clarity, change this 3 sentence to read: "2) If the  ;

concantration exceeds 0.1 times i I

the value in Table 1 but does not exceed the value in Table 1, the waste is Class C."

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Part Page Sec. Line Cocinent 340 29 .307d) -

For clarity, change the 2nd sentence to read: "flowever, as specified in paragraph (f) of

, this section, if radioactive 4

i waste does not contain any

' nuclides listed in either Table 1 or 2, it is Class A."

340 29 .307d)4) 3 Change " land" to "near-surface."

1 340 31 .307e)2) 3 For clarity, insert after " Table

{ 1": "but does not exceed the j value in Table 1."

340 34 .311d 184 Insert " generating" in front of

! " license."

340 69 App. C -

NRC has found it more advantageous to retain decontamination guides in Reg.

Guides. This pemits greater flexibility for licensees and for the regulating agency in i

, determining contamination limits that are appropriate for specific cases.

350 4 .104b)3) 2 Add to the end: "or one point of each scale for digital devices."

f 351 1 .3 -

Add a definition of i

" Irretrievable Source." See 10WellCFR Logging).

30.4(x i

' 351 2 .4b) 3 To be consistent with 10 CFR 30.56(a) add to the end of this subparagraph: "within 30 days after the source has been classified as irretrievable."

370 5~ .4a)11) -

This subparagraph was initially confusingtous(didyounean interlocks)? Changing "the" to

' "any" in line 1 would make it clearer, we think.

601 3 .2, 3 Was the omission of the phrase,

" Land "into the subsurface of the disposal land" at the end a deliberate facility" omission?

601 4 .5 -

Does Illinois not wish to require an Envircnmental Assessment from the applicant?

We strongly urge this.

1

- 9 i'

Part Pm Sec. Line Comment l

l 601 11 .11f 2 Recommend follow 10gCFR 61.23(c)

.11h 2 and (g) and replace the word 1 " case" with " control."

4

! 601 14 .14a)2) 2&3 Is the term " filling material or j excavated areas" intended to be i equivalent to " backfill of i excavated are."? (See 10 CFR

, 61(a)(2)).

l 601 - 15 .16c) -

Is there a reason for specifying transfer of funds to the custodian rather than to the site owner?

601 15 .17(b) 2 For clarity, add to the end, "and of this part."

I 601 20 .25b) 2 Add: " top of the" to the end of this line.

601 20 .25b) 4 Insert after " meters": "below

, the top surface of the cover."

601 21 .25e) 5 The word "may" is used. The SSR language is "must." Why was the change made?

,i 601 25 .31f) last Add: "and the license has been  !

transferred to the site owner."

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l Category III Line I Part Page Sec. Coment 100 7 .170b) 6 Delete " men."

200 10 - 1 Insert " provision" after the 1st "any."

310 1 .2, 4 Change "42 U.S.C. 2011" to read ,

" Agreement "42 U.S.C. 2021(b)." l State" 330 9 Agency Note 2 Add "of" to the end of "0.05 microcurie" and move this phrase to front of " americium-241."

330 16 .22a)2) - At the end of 330.22a)2) you may wish to add a note that Sections l b) and c) are reserved.

330 20 .22d)5) 'S Delete 2nd period.

330 34 .25e) 4&5 Delete " source material milling."

330 35 1 Need to fill in blank.

330 36 .25f)1))

.25f)4)D - Deleteandchange"E)"to"D)."

330 36 .25f)5)A) 3 Delete"or(D)."

330 36 .25g) 1&2 Need to fill in blank.

330 36 .25g)1)&2) - Delete ", and" in 1) and insert a period and delete subparagraph 2).

330 42 .26c)2)F) 2 Misspelling: "pentatate."

$ 330 71 .281)3) 5 Delete "name."

330 79 .32d)1)B -

Do you wish to x-reference the

! Table on p. 340-69 here?

330 83 .40e) 3 Change reference to "330.341."

i 330 83 .50 1 Insert "and" between

" Modification" and " Revocation" and delete "and tennination."

Termination is covered by 330.32.

l :,  ! .-

Part Page Sec. Line Coment i 330 84 .50d -

Since Termination of specific -

licenses is coveredeby 330.32

delete this subparagraph.

330 98 - -

1st item in 4th column: Move the minus sign up.

t 331 3 .11a)3) 6 Change " excluding" to

" including."

! 331 3 .11b)1) -

Since this authority already

) exists in 310.3, do you need it here also?

331 5 .12d) 7 Shouldn't " application" be

" applicant"?

331 7 .21-2.D 6 Change " including" to i

i

" excluding" since this activity is not covered by the Agreement.

340 9 .103d)1) 4 Close up " ventilation."

l .

,l 340 10 .104a)1 1 Insert "is" after "who."

340 14 .107 Change " records" to " reports."

f 7 340 15 .202a)2) 6 Change "50" to "5."

340 22 .207a)1) 3 Change "A or A" to " Type A.

l l 340 23 .207b)1) 3 Add an "s" to " surface."

340 23 .207b)1)D) 4 Change "A" to " Type A."  ?

j 340 24 .207c) 3 Change "A or A" to " Type A."

340 25 .301(b) 2 Change "340.304" to "340.306."

{

i 341 3 .2, "Special 1 Change "of" to "or."

i Fonn, b) 341 5 .4a) 3 Insert "Part" after CFR.

s (onpg5)

{ 341 5 .4a) 6 Change "111.11" to "111.1." -

(onpg5) 341 6 .5b) last Change "was" to "were."

341 6 .6a 4 Change "their" to "its."

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[ Part Page Sec. Line Coment i

! 341 12 .12b)B),

i Table II -

Heading of left col 6mn: move "not" from 3rd line to 4th in front of " exceeding." Also, in the left column, the second

entry should be 32 5.

i 341 16 .14k) 2 Change the centigrade

, temperature to 38, 341 17 .16 1 Add "s" to " provisions."

I 341 18 .19a) 1 Insert at the beginning of this l

' paragraph: "Except as specified in paragraph (b) of this j section."

[ 351 14 .501c)3) 2 Change" set"to" seal."(SSR error) -

l 351 15 .501d)1) 2 Change "model" to "monel."

i 601 15 .18 -

For clarity, before this section, add a heading, "Perfomance Objectives."

601 17 .23 -

For clarity, before this section, add a heading, l " Technical Requirements."

} 601 24 .314)2)

!, 8-15 The last two sentences should be I pulled out of subparagraph 2) and realigned with the letter l (a, b, c, etc.) paragraphs.

j These. sentences apply to all of j

.31a).

601 28 .33h)2)C Change " licensed" to licensee."

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ENCLOSURE 2 l- U p

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NUct. EAR REGULATORY COMMisslON wasmuc,ow. o. c. sosss Ref: SA/JOL .

s..... . n ,.. t-Mr. Terry Lash, Director -

Department of Nuclear Safety 1035 Outer Park Drive Springfield, Illinois 62704

~

Dear H:

. Lash: -

Thank you for the opportunity to review the draft application for a Section 274b Agreement submitted to Wayne Kerr July 31,1985. As we have discussed with your staff, copies of the draft have been circulated to appropriate NRC offices for their review and coment. On Noveeber 14 and 15, 1985 we met with you and your. staff to discuss our coments.

Enclosed with this letter are our cocinents on the draft regulations.

Overall, we were pleased to find that Illinois chose to use the Conference's Suggested State Regulations as a model. As discussed in -

our meeting, we have divided our consnents (enclosure) into three categories:

I - Changes that must be made to' the draft regulations so that, when adopted, NRC may make a finding that they art compatible with the regulations of NRC. -

• II - Changes that we urge Illinois to seriously consider making.

While not necessary for the sake of compatibility, these are, '

generally, changes that would promote further consistency and uniformhy between Agreement State and NRC regulations, or, would significantly enhance the effectiveness of your regulatory program.

III -Changes that reflect typographical errors or minor editorial coments.

If you have any questions concerning our cocinents please call Joel Lubenau at 301-492-9887.

As we also discussed, we believe Illinois should pro:eed with the adeption of these regulations as soon as possible to help enable meeting your target date for the Agreement to become affective.

If, iii the Illinois adoption and public cocinent process, further changes to the draft regulations need to be considered, we would appreciate having these changes coordinated with us to avoid compatibility problems. .

Mr. Terry Lash s Very shortly. I will be confirming in a separate letter. Our comments on -

the remainder of the draft application. 6 r

We were' pleased to have this opportunity to meet and work with you and the IDNS staff and look forward to a productive relationship for the future. -

Sincerely.

Donald A. Mussbaumer Assistant Director for State Agreements Program Office of State Programs

Enclosure:

As stated cc: R. Lickus. RIII. w/ enc 1.

• Distribution:

SA R/F -

Dir R/F J0Lubenau, w/ enc 1 DANussbaumer, w/ enc 1 J5altzman, w/cenc1.

~ ~~~ ~

JHickey. FC, w/ enc 1.

JMapes, aELD, w/ enc 1. ~

Illinois file (fe) w/ incoming and w/anc1.

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. c,0** UNITED STATES p  %'*t NUCLEAR REGULATORY COMMISSION Ref: SA/JOL g

.II wasHiwcTow. o. c. mosss a,

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% ,,,,, /a NOVi<ine C Mr. Terry Lash, Director .

Department of Nuclear Safety 1035 Outer Park Drive Springfield, Illinois 62704

Dear Mr. Lash:

Thank you for the opportunity to review the draft application for a Section 274b Agreement submitted to Wayne Kerr July 31, 1985. As we have discussed with your staff, copies of the draft have been circulated to appropriate NRC offices for their review and coment. Un November 14 and 15, 1985 we met with you and your staff to discuss our coments.

. Enclosed with this letter are our coments on the draft regulations.

Overall, we were pleased to find that Illinois chose to use the Ccnference's Suggested State Regulations as a model. As discussed in -

our meeting, we have divided our coments (enclosure) into three categories:

I- Changes that must be made to the draft regulations so that, when adopted NRC may make a finding that they are compatible with the regulations of NRC.

II - Changes that we urge Illinois to seriously consider making.

While not necessary for the sake of compatibility, these are, ,

generally, ' changes that would promote further consistency and unifomity between Agreement State and NRC regulations, or, would significantly enhance the effectiveness of your regulatory program.

III -Changes that reflect typographical errors or minor editorial coments.

If you have any questions concerning our coments please call Joel .

Lubenau at 301-492-MB7.

As we also discussed, we believe Illinois should proceed with the adoption of these regulations as soon as possible to help enable meeting your target date for the Agreement to become effective.

If, in the Illinois adoption and public coment process, further changes to the draft regulations need to be considered, we would appreciate having these changes coordinated with us to avoid compatibility problems. .

i

. ~ _ . _ _ _ _ . _ ~ . _ . . . _ . . _ - . . . . . . _ _ _ _ . . . _ . . . . . . . _ ,

}' '

i 1

e j Mr. Terry Lash 2-

Very shortly, I will be confinning in a separate letter, our comments '

on l the remainder of the draft application.

- r i We were pleased to have this opportunity to meet and work with you and

- the IDNS staff and look forward to a productive relationship for the

future. -

l Sincerely.

>\

Donald A. Nussbaumer Assistant Director for

~

i State Agreements Program Office of State Programs

Enclosure:

.As stated

~

cc: R. Lickus, RIII, w/ enc 1.

Distribution:

SA R/F Dir R/F J0Lubenau,w/ enc 1 DANussbaumer,w/ encl JSaltzman, w/oencl.

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JMapes,aELD,w/ enc 1.

Illinois file (fc) w/ incoming and w/ enc 1.

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L. 7. N E Y f!' f f l f ? f "? f _ _ _ _ _ OFFICIAL RECORD COP'/

t ,

i -

j. Category I The 274b Agreement does not provide for discontinuance of any

1.

1 authority and responsibility of the Comission to regulate' construction and operation of nuclear reactors Federal agencies

! and certain other functions that are specified by statute to be

! reserved to NRC. Illinois' proposed regulations need tb be revised t

to clearly reflect these reservations of authority:

A. Revise the Scope of Part 310 (Sec. 310.1) to conform to SSR by i deleting the phrase following " Illinois"; adding a semicolon, i

and the following:

j "provided, however, that nothing in these regulations -

i shall apply to any person to the extent such person is subject to regulation by the U.S. Nuclear Regulatory j Comission.* ,

i

• Agency Note: Attention is directed to the fact that j regulation by the State of source material, byproduct material, and special nuclear material in quantities not .

sufficient to form a critical mass in subject to the provisions of and agreement between the State and the U.S. Nuclear Regulatory Comission and to 10 CFR Part 150 1 of the Comission's regulations."

8. Revise the definition of " Person" in 310.2 by deleting i everything following " foregoing" and adding a period. This 4 confoms it to SSR and makes it consistent with its use (and

~

the exclusion of NRC regulated activities) in the Scope,

- - 310.1.

)' C. Revise the definition of " Radiation Installation" in 310.2, by 1 adding to thi end following " purpose":

)

"except where such radioactive materials or facility are j - subject to regulation by the U.S. Nuclear Regulatory Comission."

D. Revise the introductory paragraph of 320.1 by inserting in the .

third line after " purpose":

} "which is not subject to regulation by the U.S. Nuclear i Regulatory Comission."

i

, 2. Part Pges Sec. 1.ine Coment 310 10-12 .2, - Delete this' definition in l

" Transport its entirety. txcept for group" limited use in 10 CFR Part 20, the use of Transport groups has been replaced by "A " and "A2 " quantities.

0 4

• F .* *.m ' T .3 ett

• M ** 1"_ r?C~ * -o- La e a e >a #

as e e a*4 d*We 'a #Cv e a wme a -*ra+-- -m,g,g,, i em - - + a a an-.gyw , e e e ,geg c ig. g arg_, a w -ea p.',.gg c-

Part Page Sec. 1.ine Coment

~

Appropriate ch toges are recomended below for your equivalent to Pirt 20 to eliminate the need for this

~

definition.

310 14a .7a - It would be helpful to understand the purpose of this paragraph. It is acceptable only if the definition of " radiation installation" is revised per our Catagory I coment above.-

310 17-24 App. A - Delete per coment above on O'sc w/Pc "Transportgroup;" change M heading of Appendix B" to

" Appendix A" and change the.*l D 'b g x-reference in the Apr 0 loN definition of."special -

form" in 310.2 to " Appendix Ni

- A."

Itc 330 2 .3c)2)B) - Delete. NRC deleted this D,

< exemption on 6/30/83 in response to the cloissone M~

jewelry problem. M

-- oc p, D wo9 330 6, .4c)1) 5 After " products," delete o the comma and insert:

"or persons who initially dD transfer'for sale or distribution the following products."

This makes clear that initial transfers are not -

exempt from licensing.

330 10 .4c)3)A) 2 After " produce," insert:

"or initially transfer for sale and distribution."

330 32 .4j)1) 7 Delete " imported" and insert: " initially transferred." .

. 330 32 .4j)1) 10 After " manufactured,"

insert: "or initially transferred."

(

. 3 .

l Part Page Sec. Line Comment a 6 1

. 330 52 .28a)1) 5-8 Delete"tobe$ransferred 1

- to persons exem2t under i

Section 330.4(a)(1)" and replace with: "4nd the transfer of ownership or possession of the product as material containing the byproduct material."

330 76 .28n) 5 Delete " distribution" and

insert: " initial transfer."

330 89-93 .100 .104 - Delete in favor of 330.341.

! 331 1 .3b)2) - Delete since the Agreement

will not e.over this category of f byproduct material and change the numbering of the following subparagraphsto"2)"and"3.)."

331 2 .3h)1) 3 Delete the phrase,

" determines to be special t nuclear material" and 3

insert instead: " declares i by order to be special 4 nuclear material after the

$ U.S. Nuclear Regulatory ,

- Comission'or any successor 1 - -

thereto has determined the '

i material to be such."

i Change "and" to "or."

340 10 .105a)1) 4 i

I 340 18 .203e)7) - Delete the 2nd sentance and j follow 10CFR20.203(c)(7).

4

! 340 25 .303a)1) - Add "and" to the ends of I

! & a)2)B these subparagraphs. '

1

340 32 .308a - Query: Why wasn't the SSR

&4))3) followed? These require-33 .308b)2) ments affect LLW shipped l;

out-of-State as well as LLW

destined for disposal in Illinois. Because of the interstate comerce I

implications, the SSR

language must be followed.

- Different or more stringent requirements for disposal in Illinois can be incorporated into the '

, Illinois license issued to

, the disposal site operator.

_ _ _ _. _ _._ - . ~ . . _ _ _ . _ . _. _ _ . . . _ _ _ _ _ _ _ . ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - .

f t . c .

i ,

., , l l *

.i 4

l Part Page Sec. Line Cor.wnent

' ~

340 32 .308a)7) - Insert as the t sentence:

"WastemustnoC@be pyrophoric." Also add a x-reference'to Sec. 601.2 for the definition of "pyrophoric."

207 341 27 Table A A B1 should b$valueforJ0_. (Error in 10 C 0

601 1 .lb)1) - Delete this subparagraph j since the Agreement does not include byproduct i material in the fonn of

tailings. Change subparagraph"(2)to"(1)."

. . 601 13 .12h) 7 The end of the last sentence is incomplete:

The phrase "and transfer of

• the license to the site l owner" is missing. Is there a reason for the

. omission?

i I

l 1 1

1 i

=

h

, e ,

l

- l

. n Category II , .

Part Page Sec. Line Comment I ,

310 2 .2 - Add a definition of " Chelating agent" (see 10 CFR 61.2). The tem is used in Sec. 340 at 340.311a) as well as in 601.

310 5 .2, -

We assume this is intended for

" Operator" use in conjunction with Sec. 320. " Registration." The definition is not equivalent to that of the Atomic Energy Act but is acceptable provided the Category I coment on 320.1 is accommodated.

i 310 9 .2, - Delete this definition since the

" Source proposed Agreement does not .

material '

cover this activity. (If i milling" retained, change the definition l reference to "as defined in section11e.(2)oftheAtomic Energy Act, as amended."

320 1 .1 - Is it Illinois' intention to apply these registration

~

- requirements upon specific

- - licensees of Illinois? The J

requiredinformation(320.la),

b) and c)) are nomally contained in a license application.

330 5 .3 - Since Part 601 relates to requirements for disposal of LLW including source material, it would be appropriate to add the -

. following exemptien as a subparagraph e): "Except as specifically provided for in

> Part 601 of these ' regulations.

any licensee is exempt from the requiremen'.s of this part to the extent that its activities are subject to the requirements of Part 601 cf these re See 10 CFR 40.41(d).gulations."

330 5 .4a)1) - Add to the end of this i subparagraph: "This section i shall not be deemed to authorize

.. .. . . . ~ . . . . . . . . . ~ . . . . _ . . . . . . . . - . . . . . _ . . . . . . . . . . . . . ~ . _ . . - . . . - - . ~ . . - . .

j , s .

~

a l .

Part a Page, Sec. Line Coment the import of radioactive materials or products containing radioactive materials."

330 20 .22d)3)I 3 Insert " radiation" after

" reporting."

330 37 .26a) 2 Insert before "A specific. . .":

"In addition to the requirements set forth in Section 330.25 ".

330 53 .28a)2) 2 For consistency with current 10 CFR requirements, insert:

" maintain records of transfer of material and" delete "an annual report" in line 2 and the last sentence and replace with langua 31.12(geequivalentto10CFR c). .

330 55 .28b)3) - - For consistency with current 10 CFR requirements: delete and replace with language equivalent to 10 CFR 32.20, 330 57 .28d)1)c)- For clarity, after the initial iii) subparagraph iii, insert: "For devices containing radioactive materials other than NARM." and .

~ ~

on p.58, after the 1st Agency

- Note, insert: "For devices

. containing NARM."

330 62 .28d)4)E)- For consistency, we recommend confoming requirementsthe to record 10 CFRkeeping 32.52(c )

by adding to the end: "The records required by this '

paragraph shall be maintained for a period of five years from the date of the recorded event."

330 63 .289)2) - For clarity, add after subparagraph 2): "For racloactive drugs containing radioactive materials other than NARM:," and add after subparagraphB): "For radioactive drugs containing NARM:"

330 65&66 .28h)4) - For clarity make additions similar to those for 330.28g)2) above.

a .

7-

.t Part Page Sec. Line Com,ent 330 105, 107 Group I,1) - Insert for clarity ahd i 108 & 109 GroupII,s) preciseness insert Ifter i GroupIV,d) (IND)": "has been accepted by GrcupV,c) the Food & Drug Administration

't (FDA)" and change " accepted" to i " approved" (for NDA's).

) 340 8 .103c) 7-9 Change the reference to NRC RG j 8.15 to 10 CFR 20.103(c) (or rewrite this subparagraph to i . confom to 10 CFR 20.103(c)).

! 10CFR20.103(c)wasrevisedto 3 incorporate the relevant I material originally contained in RG 8.15, and thus the RG is subject to revision and deletion of the material. The x-reference j (and Agency Note) is no longer g . /r; I appropriate. M Thetextsofsubparagraphsd), Jrf t

340 8 .103d)~ -

e)&f) e) & f) should follow those in 10CFR20.103(d),(e)and(f).*yn(f t h og l 340 8 .103 , - The section is also deficient in .18%

that there is no appendix (14)-

comparable to 10 CFR Part 20,

, Appendix A. Protection Factors W

_. - _~ for Respirators. .

1- 340 27 2 Insert " radioactive" before l 28 .307a;)l

.307c 2 " waste."

30 I 2 l

i 33 .307e,j

.311a 1

~

[ 340 28 .307b)2) 3 Insert after disposal a x-reference: " Stability is defined in Section 601.2." This ,

is needed here since the

( definitions in Part 601 as stated for use in that part and not in others.

l 340 28 .307c)2) - For clarity, change this sentence to read: "2) If the

! concentration exceeds 0.1 times the value in Table 1 but does <

not exceed the value in Table 1, I l

the waste is Class C."

l

Part Pa ge Sec. Line Coment

~

340 29 .307d) -

The2nd For clarity, sentence change to read: " $owever, as specified in paragraph (f) of this section, if radioactive waste does not contain any nuclides listed in either Table 1 or 2 it is Class A."

340 29 .307d)4) 3 Change " land" to "near-surface."

340 31 .307e)2) 3 For clarity, insert after " Table '

1": "but does not exceed the value in Table 1."

340 34 .311d 184 Insert " generating" in front of

" license."

340 69 App. C -

NRC has found it more advantageous to retain ,

decontamination guides in Reg.

Guides. This permits greater flexibility for licensees and for the regulating agency in

. determining contamination limits that are appropriate for specific cases.

350 4 .104b)3) 2 Add to the end: "or one point of each scale for digital devices."-

351 l' .3 - -

Add a definition of

" Irretrievable Source." See 10 Well Logging).

CFR 30.4(x 351 2 .4b) 3 To be consistent with 10 CFR 30.56(a)addtotheendofthis subparagraph: "within 30 days after the source has been -

classified as irretrievable."

370 5 .4a)1'1) -

This subparagraph was initially confusingtous(didyoumean interlocks)? Changing "the" to "any" in line 1 would make it clearer, we think.

601 3 .2, 3 Was the omission of the phrase,

" Land "into the subsurface *of the disposal land" at the end a deliberate facility" omission?

601 4 .5 -

Does Illinois not wish to require an Environmental Assessment from the applicant?

We strongly urge this.

g . . _

. ~ .

I Part Page Sec. _Line Comment 601 11 .11f 2 Recommend follow g10 kFR 61.23(c)

.11h 2 and (g) and replace the word l

" case" with "contro1 *"

~

601 14 .14a)2) 2&3 Is the term " filling material or l excavated areas" intended to be equivalent to " backfill of excavated area"? (See 10 CFR 61(a)(2)).

601 15 .16c) - Is there a reason for specifying transfer of funds to the custodian rather than to the site owner?

601 15 .17(b) 2 For clarity, add to the end, "and of this part."

601 20 .25b) 2 Add: " top of the" to the end of .

this line.

601 20 .25b) 4- Insert after " meters": "below a the top surface of the cover."

601 21 .25e) 5 is used. The SSR Theword" language mag"ust."

is m Why was the change unde?

~

last

- --- - 601 25 .31f) Add: "and the license has been transferred to the site owner."

I e

J

i . . .

l

. )

l I

Category III b

- Part Page Sec. Line Coment i 100 7 .170b)' 6 Delete " men." ,

)

200 10 - 1 Insert " provision" after the 1st "any." l 310 1 .2, 4 Change "42 U.S.C. 2011" to read

" Agreement "42U.S.C.2021(b)."

i State" l l 330 9 Agency Note 2 Add "of" to the end of "0.05 microcurie" and move this phrase  ;

to front of " americium-241."

i 330 16 .22a)2) - Attheendof330.22a)2)youmay l wish to add a note that Sections i b)andc)arereserved. . l

~

330 20 .22d)S) 5 Delete 2nd period.

l 330 34 .25e) 4&5 Delete " source material milling."

! 330 35 .25f)1) 1 Need to fill in blank.

Deleteandchange"E)"to"D)."

330 36 .25f)4)D) -

~

330 36 .25f)S)A) 3 Delete"or(D)." r 330 3t .25g) 1&2 Need to fill in blank.

330 36 .25g)1)&2) - Delete",and"in1)andinsert

a period and delete subparagraph i 2). .

330 42 .26c)2)F) 2 Misspelling: " pen,t_atate."

330 71 .281)3) 5 Delete "name." -

t 330 79 .32d)1)B - Do you wish to x-reference the ,

Table on p. 340-69 here? l

, 330 83 .40e) 3 Change reference to "330.341."

330 83 .50 1 Insert "and" between

" Modification" and " Revocation" and delete "and temination."

Temination is cover ~ad by 330.32.

4

\..

l, .

i.

i Part Page Sec. Line Coment l 330 84 .50d - Since Termination of specific -

licenses is coveredeby 330.32

! delete this subparagraph.

! 330 98 - - 1st item in 4th column: Move

{

the minus sign up. -

i 331 3 .11a)3) 6 Change " excluding" to j

" including."

4 331 3 .11b)1) - Since this authority already i

exists in 310.3, do you need it 3

here also?

331 5 .12d) 7 Shouldn't " application" be

" applicant"?

i 331 7 .21-2.D 6 Change " including" to

, " excluding" since this activity j is not covered by the Agreement.

I 340 9 .103d)1) 4- Close up " ventilation."

i ,

< 340 10 .104a)1 1 Insert "is" after "who."

1 I

340 14 .107 7 Change " records" to " reports."  !

340 15 .202a)2) 6 Char.ge "50" to "5."

1

! ____- 340 22 .207a)1) 3 Change "A or A" to " Type A." .

l 4

! 340 23 .207b)1) 3 Add an "s" to " surface."

{ 340 23 .207b)1)D) 4 Change "A" to " Type A."

1 340 24 .207c) 3 Change "A or A" to " Type A."

) 340 25 .301(b) 2 Change "340.304" to "340.306 "

341 3 .2 "Special 1 Change "of" to "or."

i Form,b) 1 I 341 5 .4a) 3 Insert "Part" after CFR.

4 (onpg5) l 341 5 .4a) ~6 Change "111.11" to "111.1."

l (cnpg5) 341 6 .5b) last Change "was" to "were'."

341 6 .63 4 Change "their" to "its."

I I

\

N 4

__ _ __ _ _ _ __ _ ___________.,____,____._l

-.. s .a :-- - . . - - ..... . - - . = . . . . . - . . . . -a. x = . .- - .

s Part Page Sec. Line Comment

' ~

341 12 .12b)B),

Table II - Heading of left co18mn: move "not" from 3rd line to 4th in front of " exceeding." Alsc,in the left colunn, the~ second entry should be 3 2,5.

341 16 .14k) 2 Change the centigrade temperature to 38,.

341 17 .16 1 Add "s" to " provisions."

341 18 .19a) 1 Insert at the beginning of this paragraph: "Except as specified in paragraph (b) of this section."

351 14 .501c)3) ~

2 Change " set" to " seal." (SSR i error) ,

351 15 .501d)1) 2' Change "model" to "menel."

l 601 15 .18 - For clarity, before this section, add a herding,

" Performance Objectives."

601 17 .23 - For clarity, before this

~

- section, add a heading.

. - - - - " Technical Requirements." -

601 24 .314)2) 8-15 The last two sentences should be

. pulledoutofsubparagraph2)

' and realigned with the letter I (a,b,*,etc.) paragraphs.

l These sen6:9ces apply to all of

.31a).

601 28 .33h)2)C - Change " licensed" to licensee." -

L 0

.____m___ _ _ _ _ _ , _ _ _ . _ , _ , , _ _ . _ , - _ . , . _ ,_ ,_.- . _ _ , _

-.~..~.w.~.~ .--w----. .x.. - . ~ - - . . - - . .. - - . - . - - -

r.

ENCLOSURE 2 t

v vmtsostates 1

g

/***"% g NUCLEAR REGULATORY COMMisslON Ref: -JA/JOL .

season =cton o.c. sesss g

t s ,. . .. )j m i < io. t

! . Mr. Terry Lash. Director .

Department of Nuclear Safety 1035 Duter Park Drive Springfield. Illinois 62704

Dear Mr. Lash:

! Thank you for the opportunity to review the draft application for a Section 274b Agreement submitted to Wayne Kerr July 31, 1985. As we

! have discussed with your staff, copies of the draft have been circulated to appropriate NRC offices for their review and coment. On November 14 and 15. 1985 we met with you and your staff to discuss our coments.

Enclosed with this letter are our coments on the draft regulations.

Overall, we were pleased to find i. hat 1111r.ois chose to use the Conference's Suggested State Regulations as a model. As discussed in -

J our meeting, we have divided our coments (enclosure) into three  !

categories: l J I- Changes that must be made to the draft regulations so that.

. . when adopted. NRC may make a finding that they are compatible ,

l with the regulations of MRC.

II - Changes that we urge Illinois to seriously consider making. i

-- ~

While not necessary for the sake of compatibility, these are '  !

generally, changes that would promote further consistency and uniformity between Agreement State end NRC regulations, or, i would significantly enhance the effectiveness of your regulatory program.

I III -Changes that reflect typographical errors or minor editorial i coments.

I If you have any questions concerning our coments please call Joel Lubenau at 301-4g2-9887.

As we also discussed, we believe Illinois should proceed with the 1 adoption of these regulations as soon as possible to help enable meeting l

your target date for the Agreement to become effective, j If, in the Illinois adoption and public coment process, further changes

to the draft regulations need to be considered. We would appreciate having these changes coordinated with us to avoid compatibility j problems. .

i

E J. Mr. Terry Lash .

Very shortly I will be confirming in a separate letter. our 'coments on I the remainder of the draft application.  !

r We were' pleased to have this opportunity ~ to seet and work with you and the IDNS staff and look forward t.o a productive relationship for the future. -

Sincerely, l

Donald A. Nussbaumer Assistant Direr. tor for State Agreements Program Office of State Programs

Enclosure:

As stated cc: R. Lickus, RI!!, w/ enc 1.

Distribution:

SA R/F Dir R/F o - J0Lubenau, w/ enc 1 DANussbaumer, w/ enc 1 JSaltzman, w/ conc 1.

~~~

- JHickey. FC, w/ enc 1. .

JMapes, aELD. w/ enc 1.

Illinois flie (fc) w/ incoming and w/ enc 1.

"'"> , [. j ........

k...................................................................

N> E '

aulbb DANu num e ........................................ ........................

• • "> 1' /1s/as. . . . 11/ es... ........-

. .