ML20151V210

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Ack Receipt of Requesting Agreement Between NRC & State of Ohio Pursuant to Section 274b of Atomic Energy Act of 1954,as Amended.Staff Preparing Assessment of Compatibility of Ohio Program with NRC Program.Record Copy
ML20151V210
Person / Time
Issue date: 08/21/1998
From: Shirley Ann Jackson, The Chairman
NRC COMMISSION (OCM)
To: Voinovich G
OHIO, STATE OF
References
NUDOCS 9809140163
Download: ML20151V210 (7)


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UNITED STATES NUCLEAR REGULATORY COMMISSION Distribution:

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j WASHINGTON, D.C. 2055W1 LJCallan WTravers

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HThompson August 21, 1998 PNorry CHARMAN JBlaha RBangart, SF - RBlanton,SP KCyr, 0GC CPaperiello, NMSS JCaldwell, RIII The Honorable George V. Voinovich Govemor of Ohio TMartin, AE0D GT980478 Columbus, Ohio 43266-0601 ED0 r/f

Dear Govemor Voinovich:

I have received your letter with enclosures, dated June 22,1998, in which you request an agreement between the Nuclear Regulatory Commission (NRC) and the State of Ohio pursuant to section 274b of the Atomic Energy Act of 1954, as amended (AEA). In your request, Ohio would assume regulatory authority over the acquisition, possession, use, transfer, and disposal of source material, byproduct material as defined in section 11e.(1) of the AEA, byproduct material as defined in Section 11e.(2) of the AEA, i.e., tailings from uranium or thorium milling, and special nuclear material in quantities not sufficient to form a critical mass. The regulatory authority to be assumed would also include conducting safety-related evaluations of sealed sources ar'd devices.

l As required by the AEA, the NRC staffis preparing an assessment of the compatibility of the Ohio program with the NRP,'s program and the adequacy of Ohio's program to protect public health and safety. NRC wih publish a summary of the assessment along with the proposed agreement in the Federal Reaister for public comment. The AEA requires that the notice be published once each week for four consecutive weeks. A press release conceming your request will also be issued at that time. After the expiration of the comment period, the Commission will consider any comments received and make a final decision on your request.

We will promptly inform you of our decision. As we complete the review of your application and the public comment process, NRC staff will coordinate with Ohio staff to develop a revised schedule for the effective date of the future agreement.

We are pleased with your continued interest in becoming an Agreement State and look forward to the continued excellent relationship we have enjoyed in the past.

l Sincerely, b

Shirley Ann Jackson l

Originated by: [RI.111anton.SP]

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4 The Honorable George V. Voinovich Governor of Ohio Columbus, Ohio 43266-0601

Dear Govemor Voinovich:

I have received your letter with enclosures, dated June 22,1998, in which you request an agreement between the Nuclear Regulatory Commission (NRC nd the State of Ohio pursuant i

to section 274b of the Atomic Energy Act of 1954, as amend (AEA). In your request, Ohio j

would assume regulatory authority over the acquisition, popsession, use, transfer, and disposal of source material, byproduct material as defined in sectp 11e.(1) of the AEA, byproduct j

material as defined in Section 11e.(2) of the AEA, i.e., tailings from uranium or thorium milling, and special nuclear material in quantities not sufficierg to form a critical mass. The regulatory authority to be assumed would also include conducting safety-related evaluations of sealed sources and devices.

As required by the AEA, the NRC staff is preparing an assess nt of the compatibility of the j

Ohio program with the NRC's program and,the adequacy of Ohio's program to protect i

public health and safety. NRC will publish'a summary of the assessment along with the proposed agreement in the Federal Rpeofster for public comment. The AEA requires that the notice be published once each week f r four consecutive weeks. A press release concerning j

your request will also be issued at t t time. After the expiration of the comment period, the Commission will consider any co ents received and make a final decision on your request.

We will promptly inform you of o decision. As we complete the review of your application and j

the public comment process, N C staff will coordinate with Ohio staff to develop a revised schedule for the effective dat of the future agreement.

We are pleased with your ontinued interest in becoming an Agreement State and look forward to the continued excellen relationship we have enjoyed in the past.

Sincerely, Shirley Ann Jackson Distribution:

EDORF(G980478)

SECY (CRC-98-0728)

DIR RF (8G478)

PLarkins (DCD) SP01 SDroggitis HNewsome, OGC (PDR (YES )

This correspondence SSilomon FCameron, OGC DSollenberger, ASPO transmits factual DCool, NMSS PGoldberg, NMSS (3)

CPederson, Rill information.

EW instein, AEOD JLynch, Rlli JMadera, Rlli RLickus, Rlli Ohio File FILE: C:\\RLB\\8G478RLB.WPD

'See previous concurrence.

72 receive a copy of this document. Indicate in the bar: "C" = Copy without attachment / enclosure "E" = Copy with attachmgWnclosure *N" No copyj OFFICE OSP l

OSP:DD l OGCl OSP:DL %

DFAR/

E DO'fl OCM l NAME RLBlanton:gd:kk PHLohaus FCameron RLBandjfrt'e N1,$ @fpsoR LJC411ad SAJackson DATE 08/10/98*

08/10/98*

08/11/98*

08//,7/98 W8/6/9F#

08/ 498 084l/98 OSP FIL'E COD i: SP-NA-15

a The Honorable George V. Voinovich Governor of Ohio Columbus, Ohio 43266-0601

Dear Governor Voinovich:

I have received your letter with enclosures, dated June 22,199, in which you request an agreement between the Nuclear Regulatory Commission (NRC and the State of Ohio pursuant to section 274b of the Atomic Energy Act of 1954, as amende (AEA). In your request, Ohio would assume regulatory authority over the acquisition, posse sion, use, transfer, and disposal of source material, byproduct material as define in section 11.(1) of the AEA, byproduct material as defined in Section 11e.(2) of the AEA,i.e., tailing from uranium or thorium milling, and special nuclear material in quantities not sufficient to for a critical mass.

The regulatory authority to be assumed would also include e regulation of the land disposal of the subject materials received as waste from other person and the conduct of safety-related evaluations of sealed sources and devices.

As required by the AEA, the NRC staff is preparing an as essment of the compatibility of the Ohio program with the NRC's program and the adequacy of the Ohio's program to protect public health and safety. NRC will publish a summary of he assessment along with the proposed agreement in the Eederal Reaister for public c mment. The AEA requires that the notice be published once each week for four consecutiv weeks. A press release concerning your request will also be issued at that time. After the xpiration of the comment period required by the AEA, the Commission will consider an. comments received and make a final decision on your request. We will promptly inform yoGof our decision. As we complete the review of your application and the public comment prgcess, NRC staff will coordinate with Ohio staff to develop a revised schedule for the effective d te of the future agreement.

We are pleased with your continued interest in beco ing an Agreement State and look forward to the continued excellent relationship we have enj ed in the past.

Sincer ly, Shi ey Ann Jackson 1

Distribution:

DlR RF (8G478)

PLarkins DCD) SP01 SDroggitis HNewsome, OGC (PDR (YES )

SSilomon FCameron, OGC DSollenberger, ASPO DCool, NMSS PGoldberg, NMSS (3)

CPederson, Rill EW:instein, AEOD JLynch, Rill JMadera, Rlli RLickus, Rlli Ohio File

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FILE: C:\\RLB\\8G478RLB.WPD TD receive a copy of this document. Indicate in the.lgua h =

y w ac ment / enclosure "E" = Copy with attachment / enclosure *N" = No copy OFFICE p@g l c-OSFleD ]l bGC l OSP:D

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DEDR l EDO l OCM l I

NAME RLS[ir%h:gd PHL6hatlsi FCameron RLBangart HLThompson LJCallan SAJackson DATE 08/p98 08/lfV98 08/n /98 08/ /98 08/ /98 08/ /98 08/ /98 i

OSP FILE COD i: SP-NA-15

The Honorable George V. Voinovich Governor of O*.lo Columbus, Ohta 43266-0601

Dear Governor Voinovich:

I have received your letter with enclosures, dated June 22,1998, which you request an agreement between the Nuclear Regulatory Commission (NRC) nd the State of Ohio pursuant to section 274b of the Atomic Energy Act of 1954, as amended ( EA). In your request, Ohio would assume regulatory authority _over the acquisition, posses on, use, transfer, and disposal of source material, byproduct material as define in section 11e.1) of the AEA, byproduct material as defined in Section 11e.(2) of the AEA, i.e., tailings from uranium or thorium milling, and special nuclear material in quantities not sufficient to form /a critical mass.

The regulatory authority to be assumed would also include t regulation of the land disposal of the subject materials received as waste from other persons, nd the conduct of safety-related evaluations of sealed sources and devices.

As required by the AEA, the NRC staff is preparing an ass ssment of the compatibility of the Ohio program with the NRC's program and the adequacy f the Ohio's program to protect public health and safety. NRC will publish a summary of he assessment along with the proposed agreement in the Federal Reoister for public c mment. The AEA requires that the notice be published once each week for four consecutiv weeks. A press release concerning your request will also be issued at that time. After the xpiration of the comment period required by the AEA, the Commission will consider an comments received and make a final decision on your request. We will promptly inform yo of our decision. As we complete the review of your application and the public comment pr cess, NRC staff will coordinate with Ohio staff to develop a revised schedule for the effective te of the future agreement.

We are pleased with your continued interest in bec ming an Agreement State and look forward to the continued excellent relationship we have enj yed in the past.

Sinc ely, i

S irley Ann Jackson j

Distribution:

DIR RF (8G478)

PLarkins (DCD) SP01 SDroggitis HNewsome, OGC (PDR (YES )

SSalomon FCameron, OGC DSollenberger, ASPO DCool, NMSS PGoldberg,IJMSS (3)

CPederson, Rill EWein:tein, AEOD JLynch, Rlli JMadera, Rlli RLickus, Rill Ohio File FILE: C:\\RLB\\8G478RLB.WPD O ' = Copy without ttachment/ enclosure "E" = Copy with attachment / enclosure "N" = No copu TJ receive a copy of this document. indicate in the ipox:

C OFFICE p @ B y l C-OShDQj OGQ' l OSP:D l

DEDR l EDO }

OCM l NAME RLS[fgoh:gd PHL6hath \\

FCamsron RLBangart HLThompson LJCallan SAJackson DATE 08/998 08/W98 08// /98 08/ /98 08/ /98 08/ /98 08/ /98 l

OSP FILE CODi: SP-NA 15

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TASK # - 8G478

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MAIL CTRL. - 1998 IASE SIAR((g - 08/05/98

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j TASK DESCRIPTION - AGREEMENT BETWEEN THE US NRC AND THE STATE OF OHIO i,

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FINAL APPLICATION REQUESTING OFF. - OH REQUESTER - G.

VOINOVICH WITS -

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PROG.- RLB PERSON -

STAFF LEAD - RLB PROG. AREA -

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PROJECT STATUS -

EDO DUE DATE: 8/17/98 i

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NEED ACKNKOWLEDGEMENT OF LETTER.

PLANNED ACC.

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.EDO' Principal Correspondence Control i

FROM:

DUE: '08/17/98-EDO CONTROL: G980478 DOC DT: 06/22/98

' FINAL REPLY.

Gov 0rnor George V...Voinovich i

Ohio;

. TO '

Chairman Jack' son FOR SIGNATURE'OF :

~ DESC:

ROUTING AGREEMENT BETWEEN THE US,NRC AND THE STATE OF OHIO LETTER ONLY Callan Travers

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Thompson Norry Blaha DATE:'08/05/98 Burns

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Caldwell, RIII

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' ASSIGNED'TO:

CONTACT:

Paperiello,NMSS

.i Cyr, OGC l

SP Bangart

'SPECIAL INSTRUCTIONS'OR REMARKS:

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OFFICE OF THE SECRETARY.

CORRESPONDENCE CONTROL TICKET i

PAPER NUMBER:

CRC-98-0728 LOGGING DATE: Aug 3 98 l

i ACTION OFFICE:

EDO

-AUTHOR:'

GEORGE VOINOVICH

' AFFILIATION:

OHIO ADDRESSEE:

CHAIRMAN JACKSON LETTER'DATE:

Jun 22 98 FILE CODE: ID&R 15

SUBJECT:

AGREEMENT BETWEEN THE U.S. NRC AND THE STATE OF OHIO ACTION:

Signature of Chairman i

DISTRIBUTION:

CHAIRMAN, COMRS, RF SPECIAL HANDLING: OSP TO ACK CONSTITUENT:

NOTES:

ENCLOSURES TO EDO --- SEE ATTACHED LTR. DATED 7/30/98 ADDRESSED TO R. BANGART - - QQ g g

DATE DUE:

Aug 98 l

SIGNATURE:

DATE SIGNED:

AFFILIATION:

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l EDO -- G980478 1

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l STATE OF OHIO OFFICE OF THE GOVERNOR COLUMBUS 432660601 GEoRGEV.VolNovlCH ooVERNOR JUN 2 21998 REC'D BT SEDE Shirley Ann Jackson, Chairman U.S. Nuclear Regulatory Commission 3 g g ggshington,D.C. 20555

Dear Chairman Jackson:

1 I am writing to formally request that an agreement be established between the United States Nuclear Regulatory Commission and the State of Ohio as authorized under Section 274b of the Atomic Energy Act of 1954, as amended, and the Ohio Revised Code, Chapter 3748.03. Under this agreement the Commission will discontinue and the State of Ohio will assume certain regulatory authority for radioactive materials now under federaljurisdiction. As provided by R.C. Section 3748.03(B), the Department of Health is the agency responsible for the implementation of the agreement. The specific authority requested is for the following:

A. Byproduct materials as defined in Section 1le(l) of the Act, B. Byproduct materials as defined in Section 1le(2) of the Act, C. Source materials, D. Special nuclear materials in quantities not sufficient to form a critical mass, E. Commercial disposal oflow-level radioactive waste, and F. Sealed source and device review.

I certify that the State of Ohio wants to assume regulatory authority and oversight responsibility for such materials, and that the State of Ohio has an adequate program for the control of radiation hazards covered by this proposed agreement. Enclosed is information describing Ohio's j

radiation control program and regulatory capabilitics, as well as a copy of our rt.diation control laws and rules.

Your expeditious consideration of this proposed agreement is most appreciated.

Since I

i eo ge V Voinovich Governor William Ryan, Director, Ohio Department of Health Roger Suppes, Chief, Bureau of Radiation Protection, Ohio Department of Health l

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r OHIO DEPARTMENT OF HEALTH 246 N HIGH $1REET GEORGEv VONOVICH Pop Oltco Boa 118 Governor Cc, lumbus, Oh.o 43206 0118 Telephone {$14) 466 3$43 Duector of Heclm h

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July 30,1998 1EC'D BT SEcM. chard Bangart 3trector Office of State Programs Q ALE 98 2.1 43.S. Nuclear Regulatory Commission Two White Flint l

Rockville, Maryland 20852 Dear Mr. Bangart Please find enclosed the State of 0hio's final application for Agreement State Status with the Nuc'. ear Regulatory Commission. Enclosed are two copies of the application. One copy is marked with marginal Rev" bars to denote changes from the original application based on comments received from NRC. Also enclosed are three computer disks that include all of the narrative information in the application. The disks do not contain the attachments to the various parts of the application. If you desire additional copies of the attachments, we can provide them under separate cover.

As requested, we are submitting under separate cover to Paul Lohaus, a copy of the programs, policies, procedures, program guides, and standard review plans that the Bureau of Radiation

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Protection has in place to support our program.

If you have any questions or need further information, please do not hesitate to contac't me at 614-644-2727.

Sincerely yours, l

tW l

Roger. Suppes Chief i-Bureau of Radiation Protection I

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