ML20154E385
| ML20154E385 | |
| Person / Time | |
|---|---|
| Issue date: | 09/30/1998 |
| From: | Lohaus P NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | GENERAL, MINNESOTA, STATE OF, OHIO, STATE OF, OKLAHOMA, STATE OF, PENNSYLVANIA, COMMONWEALTH OF |
| References | |
| SP-98-078, SP-98-78, NUDOCS 9810080165 | |
| Download: ML20154E385 (150) | |
Text
_ _ _ _.._ __.._ . .. .. .
pa C849 k UNITED STATES
[*
j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 200eH001
% . . . .. [R September 30, 1998
=
9 ALL AGREEMENT STATES
< MINNESOTA, PENNSYLVANIA, OHIO, OKLAHOMA TRANSMITTAL OF STATE AGREEMENTS PROGRAM INFORMATION (SP-98078)
Your attention is invited to the enclosed correspondence which contains:
t INCIDENT AND EVENT INFORMATION...........
1 PROGRAM MANAGEMENT INFORMATION....XX UPDATED OSP INTERNAL
" PROCEDURE B.7 RULE TABLES TRAINING COURSE INFORMATION................
TECHNICAL INFORMATION.............................
OTH ER I N FO R MATI ON........ ............................
Supplementary information: Enclosed are updated OSP Internal Procedure B. 7 rule tables.
The updating incorporates revisions previously provided to you for review and comment by All Agreement States letter, SP-98-071, " Revision of OSP Internal Procedure B.7 Rule Tables,"
dated August 18,1998.
Please note that for the Part 71, Packaging and Transportation of Radioactive Material, B.7 rule table,'special considerations have been made. The compatibility category designations in the Part 71 rule table were either changed per the proposed revision or they remained the sama depending on which designation provided the Agreement States with the greatest flexibility.
The reason for this consideration is that comments were received that indicate that there is a broader policy issue associated with the adoption of Part 71 requirements by Agreement States. The issue concerns the dual regulatory aspect of transportation regulations. Even if an Agreement State adopted portions of Part 71 as set out in the tables, US Department of Transportation (DOT) regulations would also apply and have preeminence over any State regulations. Consequently, the fundamental question is raised as to whether Part 71 should be c
required for compatibility by NRC at all. Put another way, should an Agreement State be forced to incur the expense of promulgating mirroring regulations for activities when DOT has parallel, superseding regulations? Therefore, NPC will be exploring this matter further.
D\
C .~.,*U-n o . ,i 0 l 3C
[~"'] ] $5bb b pq 9810060165 980930 PDR STPRO ESOGEN PDR
SP-98-078 SEP 3 01998 If you have any questions regarding this correspondence, please contact me or the individual named below.
POINT OF CONTACT: Cardelia H. Maupin j
TELEPHONE: (301) 415-2312 '
FAX: (301) 41S-3502 INTERNET: CHM @NRC. GOV aul H. Lohaus, Deputy Dirdctor Office of State Programs
Enclosures:
As stated l
I
)
i
SP-98-078 2-If you have any questions regarding this correspondence, please contact me or the individual named below. J l
POINT OF CONTACT: Cardelia H. Maupin I TELEPHONE: (301) 415-2312 !
FAX: (301) 415-3502 '
INTERNET: CHM @ NRC. GOV l
Orig inal S: ;ned by .
Cardelia Maupin Paul H. Lohaus, Deputy Director i Office of State Programs
Enclosures:
As stated l
i Distribution:
JGreeves, DWM/NMSS
[
DIR RF (8S162) DCD (SP03)
OSP Staff ETenEyck, FCSS/NMSS PDR (YESO CPaperiello, NMSS (w/o encl) DCool, IMNS/NMSS .
MKnapp, NMSS (w/o encl) WKane, SFPO/NMSS FXCameron, OGC i A/S File
- SEE PREVIOUS CONCURRENCE.
DOCUMENT NAME: G:\ CHM \SP98078.WPD ENCLOSURES:
O/RULECHRT/PART19,20,30,31,32,33,34,35,36,39,40,61,70,71 and PART 150. FIN.
T^ receive a copI of this document,indisite in the box: "C' = Copy without attachment / enclosure "E" = Copy with attachment / enclosure "N" = No copy OFFICE OSP l OSP:DD l OSP:D l l NAME CHMaupin:nb PLahaus RBangart DATE 09/30/98
- 09/30/98
- 09/30/98
SP-98-078 SEP 3 01996 u you have any questions regarding this correspondence, please contact me or the individual named below.
POINT OF CONTACT: Cardelia H. Maupin TELEPHONE: (301) 415-2312 FAX: (301) 415-3502 INTERNET: CHM @ NRC. GOV Original Signed by Cr.rdolia Maupin
+v Paul H. Lohaus, Deputy Director Office of State Programs
Enclosures:
As stated I
l l
)
Distribution:
DIR RF (8S162) DCD (SP03)
A/S File DOCUMENT NAME: G:\ CHM \SP98078 .WPD ENCLOSURET 0:/RULECHRT/PART19,20,30,31,32,33,34,35,36,39,40,61,70,71 t -W F ~ RT 150. FIN.
T' receive a cop r of thle document, Indicate in the box: "C" = Copy without attachment / enclosure "I y with attachmerrt/endasure *N' = No copy OFFICE - ,t SSP - l M:QD l OSP:DD n <
NAME C4KiUsin:nb PIMNbW RBangart' %
DATE 09/30'98 09/jh98 09/3 r/98 OSP FILE CODE: SP-A-4
c.
Part 19 - NOTICES, INSTRUCTIONS, AND REPC RTS TO WORKERS: INSPECTION AND INVESTIGATIONS REGULATION SECTION TITLE COMPA IIBILITY COMMENTS SECTION CATEGORY
$19.1 Purpose D Q19.2 Scope D S19.3 Definitions Ad D Commission D Exclusion D License '[D] This definition also appears in 10 CFR $20.1003. .
For purposes of compatibility, the language of the Part 20 definition should be used and it is assigned to Compatibility Category D.
Licensee [D] This definition also appears in 10 CFR S20.1003.
For purposes of compatibility, the language of the Part 20 definition should be used where it is ,
assigned to Compatibility Category D.
Restricted area [A] This definition also appears in 10 CFR 520.1003.
For purposes of compatibility, the language of the Part 20 definition should be used and it is assigned to Compatibility Category A. ,
t Sequestration D i
___.__._.___._.._m______.__.____________._________.___..__m ______.___._.._
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY Worker C This definition is needed for a common understanding of the term " worker" as used in the regulation of agreement material. The same definition should apply to persons working in
- more than one jurisdiction.
@19.4 Interpretations D 19.5 Communications D
$19.8 information collection D requirement: OMB approval
@19.11 Posting of notices to C These requirements are needed to provide a workers minimum level of information to workers and to assure that this information is consistent from one jurisdiction to another since workers may work in multiple jurisdictions.
@19.12 Instructions to workers C This provision should be adopted by States to assure a minimum level of required worker training since workers may work in multiple jurisdictions.
@19.13 Notification and C These requirements are needed to provide a reports to individuals minimum level of information to workers and to assure that this information is consistent from one jurisdiction to another since workers may work in multiple jurisdictions.
2
i REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY S19.14 Presence of C representatives of ,
licensees and workers during inspections S19.15 Consultation with C workers during inspections
,S19.16 Requests by workers C forinspections S19.17 inspection not C warranted; informal review
'S19.18 Sequestration of D This section addresses an administrative matter witnesses and between the NRC and it's licensees, the exclusion of counselin absence of which from Agreement State interviews conducted programs does not create a conflict or gap.
under subpoena P
S19.20 Employee protection D S19.30 Violations D
$19.31 Application for D exemptions 3
. i * ! : I 5 I ! ! : t h 5 i , f S
T N
E M
M O
C
_ Y T
I Y
LR I
BO 4 TG I
AE PT MA OC C
D D E
L s T
I ie T n lt N o a n .
O I
it a d e p
T n e C'
_ l E imi ib ri t
in a
S ch m isor i r
Dp C
N~
O N I
TO AI L T UC E G S E 2 0 R 3 4 9 9 1 1
Part 20 - STANDARDS FOR PROTECTION AGAINST RADIATION REGULATION SECTION TITLE COMPATIBILITY COMMENTS
. SECTION CATEGORY ,
S20.1001 Purpose D :.
~!'
S20.1002 Scope D S20.1003 Definitions ,
Absorbed Dose A
- 4. , ,
~
l- Act D *
[
I Activity A
- Adult A ~-t j
Airborne radioactive material A Airborne Radioactivity area A ;
i ALARA A '!
< 'f '
Annuallimit on intake (All) A Background Radiation A ,
Bioassay (radio bioassay) -- A Byproduct material [A] This definition also appears in 10 CFR $150.3(c). For purposes of j 4
compatibility, the language of the !
~
Part 150 defitMion should be used !
and it is assigned to Compatibility I Cateoory A. j I
i i
I
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY Class A Also referred to as " Lung Class or Inhalation Class" ,
Collective Dose A Commission D Committed dose equivalent A Committed effective dose equivalent A Constraint C Controlled Area D i
Critical group B Declared Pregnant Woman C and D - for Th, essential objective of this estimated date of definition is the voluntary, written conception notification by a woman to her employer that she is pregnant.
For various reasons, a woman may not wish to divulge the estimated date of conception to her employer. However, using good health physics practice, and without the date of conception, the dose to the embryo / fetus can be effectively manaaed.
2
REGULATION SECTION TITLE COMPATIBILITY ' COMMENTS SECTION CATEGORY Decommission [C] This definition also appears in 10 CFR 30.4. For purposes of compatibility, the language of the Part 30 definition should be used t where it is assigned to Compatibility Category C.
~ Deep-dose equivalent A Department D Derived air concentration (DAC) A Derived air concentration-hour A (DAC-hour)
Distinguishable from background B Dose or radiation dose D This definition is not required for compatibility. No definition is presented. Rather, several terms !
are referenced, which are later defined.
Dose equivalent A Dosimetry processor D Effective dose equivalent A :
Embryo / fetus A 3
t
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY Entrance or access point C This definition provides the minimum information needed for a common understanding and because differing definitions may jeopardize an orderly regulatory .
pattem in the regulation of agreement material.
Exposure D This definition does not provide any information that is essential to understanding basic radiation protection principles beyond the ,
plain dictionary meaning.
Extemal dose D Thie definition does not provide any information that is essential to understanding basic radiation protection principles beyond the :'
plain dictionary meaning Extremity , __ A Eye dose equivalent A The term, " Lens Dose Equivalent,"
if defined essentially identically to
" Eye Dose Equivalent"is an acceptable substitute for this term.
4
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY Generally applicable environmental A - States with This term is needed for common radiation standards authority to regulate understanding in applying the uranium mill activities dose limit requirements in 10 CFR (11e.2 byproduct 20.1301 and the reporting material) requirements in 10 CFR 20.2203.
These sections reference D - States without requirements that are applicable authority to the uranium fuel cycle.
Govemment agency D
- Gray See 10 CFR This term is not defined in this
$20.1004 section. Refer to the referenced section for the defin'uon where it is assigned Compatibility Category A.
High radiation area A Individual A i Individual monitoring A Individual monitoring devices C This definition provides the minimum information needed for a common understanding of the '
term and because inconsistent definitions may jeopardize an orderly regulatory pattem for the regulation of agreement ma*erial.
i' Intemal dose A t
5 6
REGULATION SECTION TITLE COMPATIBILITY COMMENTS i SECTION CATEGORY [
License D !
Licensed material D Licensee D Limits A Lost or missing licensed material B This term and definition are needed for a common i understanding in collecting and reporting information on regulation !
of agreement material on a nationwide basis. l Member of the public A Minor A ,
Monitoring A Nonstochastic effect A The term, " deterministic," if defined essentially identically to "nonstochastic"is an acceptable substitute.
NRC D Occupational Dose A i
t 6
t
l REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION - CATEGORY i
l Person [C] This definition also appears in 10 CFR S150.3(g). For purposes of compatibility, the language of the l Part 150 definition should be used and it is assigned to Compatibility Category C.
F;anned special exposure D Public dose A Quality Factor A Quarter D Rad See 10 CFR This term is not defined in this
- $20.1004 section. Refer to the referenced section for the definition where it is assigned to Compatibility Category A.
Radiation A ,
Radiation area A Reference man A Rem , See 10 CFR This arm is not defined in this
$20.1004 section. Refer to the referenced section for the definition where it is assigned to Compatibility Cateaory A.
7
I REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY Residual radioactivity B L
Respiratory protective device C Restricted area A Sanitary sewerage A Shallow-dose equivalent A Sievert See 10 CFR This term is not defined in this
$20.1004 section. Refer to the referenced !
section for the definition where it is !
assigned to Compatibility i Category A.
Site boundary D Source Material [A] This definition also appears in 10 CFR S 40.4. For purposes of compatibility, the language of the i Part 40 definition should be used and it is assigned to Compatibility i Category A. The Part 40 definition is used in the SSR's, as previously approved by NRC. The Part 150 definition contains an ambiguity that many States would be unable to adopt.
8 i
<=: ,a- e f
r r(EGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY Special Nuclear Material [A] This definition also appears in 10 ,
CFR 70.4. For purposes of ,
compatibility, the language of the -
Part 70 definition should be used and it is assigned to Compatibility Category A . The Part 70 definition is used in the SSR's, as ,
previously approved by NRC.
Stochastic effects A The term "probabilistic," if defined essentially identically to
" stochastic" is an acceptable substitute.
Survey A Total Effective Dose Equivalent A (TEDE)
Unrestricted Area A Uranium Fuel Cycle D If a state chooses to adopt a definition of uranium fuel cycle, it must be essentially identical.
Very High Radiation Area A Week D Weighting factor A Whole body A 9
I
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY Working level (WL) A Working level month A (WLM)
Year A S20.1004 Units of radiation dose A S20.1005 Units of radioactivity A
@20 1006 Interpretations D 20.1007 Communications D S20.1008 Implementation D
$20.1009 information colletion requirements: D OMB approval S20.1101 Radiation protection programs D/H&S, except C- paragraph (d)
Occupational dose limits for adults A 20.1201 S20.1202 Compliance with requirements for A summation of extemal and intemal doses
$20.1203 Determiration of extemal dose from A airbome radioactive material 10
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY
@20.1204 Determination of intemal exposure A 20.1205 Reserved 20.1206 Planned special exposures D f20.1207 Occupation dose limits for minors A Q20.1208 Dose to an Embryo / fetus A
@20.1301 Dose limits for individual members A - paragraphs (a), Paragraph (c) does not impose a of the public (b), dose limit. The dose limits are established in paragraphs (a) and C - paragraph (c) (b). Paragraph (c), the Statement of Consideration states that 0.5 D - paragraph (d) and rem per year limit was retained (e) only to alleviate the immediate need to redesign or reshield facilities that were designed to meet the former 0.5 rem limit. For new facilities, the 0.1 rem should be used. Paragraph (e) does not impose a regulatory requirement.
@20.1302 Compliance with dose limits for D/H&S - paragraphs individual members of the public (a) and (b)
D - paragraph (c)
@20.1401 General provisions and scope C 11
v-t i
~ REGULATION SECTION TITLE COMPATIBILITY . COMMENTS SECTION CATEGORY l
l
$20.1402 Radiological criteria for C unrestricted use
$20.1403 Criteria for license termination under C t
restricted use 520.1404 Altemate criteria for license C termination
$20.1405 Public notification and public C participation 20.1406 Minimization of contamination C S20.1501 Surveys and Monitoring - General DM&S S20.1502 Conditions requiring individual DM&S monitoring of external and intemal occupational dose 520.1601 Control of access to high radiation DM&S areas
$20.1602 Control of access to very high DM&S radiation areas 20.1701 Use of process or other engineering D/H&S controls S20.1702 Use of other controls D/H&S 12
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY S20.1703 Use ofindividual respiratory D/H&S protection equipment
@20.1704 Further restrictions on the use of D respiratory protection equipment S20.1801 Security of stored material D/H&S S20.1802 Control of material not in storage D/H&S 620.1901 Caution signs A S20.1902 Posting requirements A in adopting these provisions, States have the flexibility to omit the wording " grave danger".
S20.1903 Exceptions to posting requirements D i
620.1904 Labeling containers .A i S20.1905 Exceptions to labeling requirements A S20.1906 Procedures for receiving and D/H&S opening packages S20.2001 General requirements C Agreement States should adopt (Waste Disposal) the essential objectives of provision in order to eliminate confusion regarding the disposal of agreement material on a nationwide basis.
13
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY
$20.2002 Method for obtaining approval of D proposed disposal procedures S20.2003 Disposal by release into sanitary A - paragraphs (a)(2) sewerage and (a)(3)
C - paragraph (a)(4)
D - paragraph (b)
D/H&S -(a)(1) 4
$20.2004 Treatment or disposal by D
-incineration 620.2005 Disposal of specific wastes D 20.2006 Transfer for disposal and manifests B
$20.2007 Compliance with environmental and D health protection regulations
$20.2101 General provisions. C The use of SI units would be considered essentially identical.
[20.2102 Records of radiation protection D programs 620.2103 Records of surveys D S20.2104 Determination of prior occupational D If a state chooses to adopt dose " planned special exposure" this section should be adopted as a "C"
14
1 REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY S20.2105 Records of planned special D exposures
$20.2106 Records ofindividual monitoring C - paragraphs (a) Agreement States should adopt reselts and (e) paragraphs (a) and (e) to eliminate confusion in obtaining D - paragraphs (b), information in support of (c), (d) and (f) implementation of basic radiation protection standards since individuals may receive exposure in more than one licensee's facility or in more than one jurisdiction.
S20.2107 Records of Dose to individual D members of the Public 20.2108 Records of Waste Disposal D 620.2110 Form of Records D S20.2201 Reports of theft or loss of licensed C - paragraphs (a), These requirements are needed material (b), (d) and (e) for a common understanding in collecting and reporting D - paragraph (c) information on the regulation of agreement material on a nationwide basis.
15
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY S20.2202 Notification of incidents C - paragraphs (a), All of this provision, except (b), (c) and (d) paragraph (e), is needed for a common understanding in D - paragraph (e) collecting and reporting information on the regulation of agreement material on a nationwide basis.
Meeting the essential objective of this regulation for the purpose of s compatibility means the State should adopt the numerical values noted in the regulation as the minimum level acceptable. If state adopts planned special exposure, then the state should adopt paragraph (e).
620.2203 Reports of exposures, etc, C - paragraphs (a) Paragraphs (a) and (b) provide exceeding the limits. and (b) requirements that are needed for a common understanding in D - paragraph (d) collecting and reporting information on the regulation of NRC - paragraph (c ) agreement material on a nationwide basis.
S20.2204 Reports of Planned special D If state adopts planned special exposures exposure, then the state should adopt this provision.
16
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY S20.2205 Reports to individuals of exceeding C dose limits
$20.2206 Reports of Individuals Monitoring D- paragraphs (a)(2),
(a)(6), (a)(7), (b) and (c) !
NRC - (a)(1), (a)(3),-
(a)(4), and (a)(5)
~
$20.2301 Applications for Exemptions D 620.2302 Additional Requirements D S20.2401 Violations D G20.2402 Criminal Penalties D Appendix A Protection Factors for Respirators B Assigned protection factors provide acceptable levels of protection to be afforded by respirators. Consistency is required in protection factors that are established as acceptable in NRC and Agreement State regulations to reduce impacts on licensees who may operate in multiple jurisdictions 17
REGULATION SECTION TITLE COMPATIBILITY COMMENTS
- SECTION ' CATEGORY Appendix B Annual Limits on intake (Alls), A (Tables 1,2, & 3) Derived Air Concentrations (DACs),
of Radionuclides for Occupational Exposure; Effluent Concentrations; Concentrations for Release to
- Sewerage Appendix C Quantities oflicensed materials A requiring labeling Appendix D United States Nuclear Regulatory D Commission Offices l Appendix E Reserved Appendix F Requirements for Low-level Waste B The provisions are needed in Transfer for disposal at land order to provide consistency in
- disposal facilities and Manifest regulating agreement material which cross multiple iurisdictions.
i 18 ,
j
p .
REGULATION . SECTION TITLE COMPATIBILITY . COMMENTS SECTION - CATEGORY Appendix G Requirements for Low-level B, except definitions These provisions are needed by radioactive waste intended for of forms 540,540A, Agreement States to provide disposal at land disposal facilities 541,542, and 542A consistency in regulating and manifests are D agreement material which cross multiplejurisdictions. However, Agreement Sta'.es will adopt the definition of NRC forms as part of this section because they will establish their own forms consistent with their program. In addition,if the Agreement States have adopted the definitions of
" package," " source material" and "special nuclear material"in accordance with 10 CFR in other provisions of their regulations, it is not necessary to adopt these .
provisions in this section.
19 -
i
Part 30 - RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF BYPRODUCT MATERIAL REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY S30.1 Scope D S30.2 Resolution of Conflict D S30.3 Activities requiring license C This requirement is needed for common understanding regarding activities requiring a license.
S30.4 Definitions Act D Agreement State (B) This definition also appears in 10 CFR S150.3(b). For purposes of compatibility, the language of the Part 150 definition should be used and it is assigned to Cot.ipatibility Category B.
Alert A Byproduct material [A] This definition also appears in 10 CFR S150.3(b). For purposes of compatibility, the language of the Part 150 definition should be used and it is assigned to Compatibility Category A.
Commencement of construction D Commission D Curie [A] This definition also appears in 10 CFR S20.1005(b).
For purposes of compatibility, the language of the Part 20 definition should be used and it is assigned to Compatibility Category A.
REGULATION SECTION TITLE COMPATielLITY COMMEN'"
SECTION CATEGORY Decommission C This def;nition is needed for effective communication regarding regulation of agreement material on a nationwide basis.
Dentist [D] This definition also appears in 10CFR S35.2. For purposes of compatibility, the language of the Part 35 definition should be used and it is assigned to Compet.'oility Category D.
Department and Department of [D] This definition also appears in 10 CFR S20.1003. For Energy purposes of compatibility, tha language of the Part 20 definition should be used and it is assigned to Compatibility Category D.
Effective dose equivalent [A] This definition also appears in 10 CFR Q20.1003. For I purposes of compatibility, the language of the Part 20 definition should be used and it is assigned to Compatibility Category A.
Government agency D License [D] This definition also appears in 10 CFR S20.1003. Cor purposes of compatibility, the language of the Part 20 definition should be used and it is assigned to Compatibility Category D.
Medical use [C] This definition also appears in 10CFR $35.2. For purposes of compatibility, the language of the Part 35 definition should be used and it is assigned to Compatibility Category C.
Microcurie D Millicurie D 2
s -
REGULM.rION SECTION TITLE COMPATIBILITY - COMMENTS SECTION CATEGORY Person [C] This definition also appears in 10 CFR 5150.3(g). Fer purposes of compatibility, the language of the Part 150 definition should be used and it is assigned to Compatibility Category C.
Physician [D] This definition also appears in 10 CFR $35.2. For purposes of compatibility, the language of the Part 35 definition should be used and it is assigned to Compatibility Category D.
Podiatrist [D] This definition also appears in 10CFR $35.2. For -
purposes of compatibility, the language of the Part 35 definition should be used and it is assigned to Compatibility Category D.
Principal activities D Production facility D This definition also appears in 10 CFR 9150.3(h). For purposes of compatibility, the language of the Part 150 definition should be used and it is assigned to ,
Compatibility Category D. This definition can be j adopted by Agreement States since it in and of itself l does not convey any authority whereby a State can regulate in an exclusive NRC jurisdiction. j Research and development D Sealed source B This definition is needed for a common understanding i because of transboundary effects.
Site area emergency A 3
RC'90LATION : SECTION TITLE COMPATIBILITY .
~
' COMMENTS ^
SECTION . CATEGORY '-
Source material . [A]- This definition also appears in 10 CFR $150.3(i). For -
purposes of compatibility, the language of the Part 150 definition should be used and it is assigned to .
Compatibility Category A.:
l Special nuclear. material [A] This definition also appears in 10 CFR $150.3(j). For -
purposes of compatibility, the language of the Part
'150 definition should be used and it is assigned to Compatibility Category A?
United States D Utilization facility This definition also. appears in 10 CFR $150.2(l) For -
purposes of compatibility, the language of the Part 150 definition should be used and it is assgned to Compatibility Category D. This definition can be adopted by Agreement States since it in and ofitself
'does not convey any authority whereby a State can regulate in an exclusive NRC jurisdiction.
$30.5 Interpretations D
$30.6 Communications D
$30.7 Employee protection ' D 30.8 Information collection ..
D requirements: OMB approval 630.9 Completer,ess and accuracy of D l information 4
t REGULATION SECTION TITLE - COMPATIBILITY COMMENTS !
SECTION CATEGORY j i
i
$30.10 Deliberate misconduct C The Commission determined in response to SECY- - l 97-156 that Agreement States should adopt the - -[
essential objectives of this provision. If deliberate j misconduct and wrongdoing' issues involving :
Agreement State licensees were not pursued and -
closed by Agreement States, then a potential gap may be created between NRC and Agreement State ;
programs. .
$30.11 Specific exemptions D
$30.12 Personti using byproduct material B This provision should be adopted by Agreement under certain Department of States in an essentially identical manner since it is Energy and Nuclear Regulatory required by Federal law. !
Commitsion contracts !
S30.13 Carriers B i
$30.14 Exempt concentrations B !
930.15 Certain items containing byproduct B material ;
S30.16 Resins containing scandium B and designed for sand-consolidation in oil wells
$30.18 Exempt quantities B l $30.19 Self-luminous products containing B tritium, krypton-85, or promethium- ,
147 j i
i 5
i
- % (
REGULATION SECTION TITLE - COMPATIBILITY COMMENTS SECTION CATEGORY
.t
$30.20 Gas and aerosol detectors B containing byproduct material .
$30.21 Radioactive drug: Capsules B This'section was designated a Category B because of l containing carbon-14 urea for"in the need for nationwide consistency in the use of .
vivo" diagnostic use for humans products which are widely distributed. The Agreement States will need to make appropriate -
~
provisions in their programs to allow any person to ;
receive capsules containing one microcune of carbon- t 14 urea for in vivo diagnostic use in humans withou' need for a license.
t
$30.31 ~ Types oflicenses C This provision is needed to for effective communication regarding the different types of J licenses. .
$30.32 . Application for specific licenses C - paragraph (g) '!
D - parag aphs (a),
(b), (c), (d), (e), (f),
and (h) i r D/H&S - paragraph -
(i) i
$30.33 General requirements forissuance D, except ,
- of specific licenses D/H&S - paragraphs ,
(a)(2) and (a)(3) -
a i
c 6 !
-~ . _ . _ ._ <
i f
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION ,
CATEGORY '
i 930.34 Terms and conditions oflicenses C - paragraphs (a), The essential objective (s) of paragraphs (a), (b), (c)
(b), and (c) should be adopted by Agreement States because of- !
the reciprocal recognition of licenses, transboundary D - paragraphs, effects in transferring material through multiple (e)(2), (e)(4), (f), and jurisdictions and to avoid conflicts and confusion in -
regulation of agreement material on a nationwide (g) basis. !
NRC - paragraphs !
(d), (e)(1) & (e)(3) Paragraph (d) is NRC because these provisions . . .
address areas reserved to the Commission by the D/H&S - paragraph Atomic Energy Act. l (h) [
Paragraph (h) is designated "H&S" because the !
notification of bankruptcy will alert agencies to the -
possibility of abandonment of licensed facilities at . ;
which there is potential for exposure in excess of Part I 20 limits. j l
! i I
30.35 Financial assurance and D, except States are given flexibility to allow different dollar i t recordkeeping for D/H&S - paragraphs amounts based upon jurisdiction and local conditions.
decommissioning (a), (b), (d), and (g) The H&S designation for paragraph (g) is warranted [
i because of the requirement for transfer of certain i records (e.g. spills or spread of contamination) important for decommissaning to a subsequent i licensee at the same facility. l S30.36 Expiration and termination of D/H&S -paragraphs [
licenses and decommissioning of (c),(d),(e),(g),(h), l sites and separate buildings or (j) and (k) i outdoor areas D- paragraphs (a),
(b), (f), and (i) f 7 l i
t i
-_ . .. . . - _ . ~ . - _
REGULATION SECTION TITLE COMPATIBILITY COMMENTS -
SECTION CATEGORY 530.37 Application for renewal oflicenses D .
930.38 Application for amendment of D !
licenses
$30.39 Commission Action on applications D ,
to renew or amend
$30.41 Transfer of byproduct material ' C, except (a)(6) is This prnvision is needed for coherent regulation of ;
NRC agreerr. ant material on a nationwide basis. Paragraph -
(a)(6) Buthorizes transfer by export, a function reserved to NRC
$30.50 Reporting Requirements - C - paragraphs (a), States have the flexibility to require additional event (b) and (c), except reporting information. This information would depend on local conditions, laws, etc.
D - paragraph (c)(3)
$30.51 Records C - paragraphs (a) & The time required for record retention under (b) paragraph (b) may vary in accordance with the type of acuvity being licensed. The H&S designation for D - paragraph (c) paragraph (e) is warranted by the requirement for transfer of certain records (e.g. spills or spread of D/H&S - paragraphs contamination) important for decommissioning to a (d), (e) & (f) subsequent licensee at the same facility and termination.
30.52 Inspections D
$30.53 Tests D 8
i REGULATION SECTION TITLE COMPATIBILITY COMMENTS t
^
SECTION CATEGORY l
' $30.55 Tritium reports [NRC] The provision in this section also appears in 10 CFR 150.19 where it is applicable to licensees of Agreement States. It is assigned to Compatibility Category NRC since it requires reports to NRC.
$30.61 Modification and revocation of D licenses
$30.62 Right to cause the withholding or D recall or byproduct material 30.63 Violations D
$30.64 - Criminal penalties D ,
$30.70 Schedule A - exempt B concentrations table 30.71 Schedule B - exempt quantity B l table S30.72 Schedule C- Quantities of D/H&S radioactive materials requiring consideration of the need for an emergency plan for responding to i a release Appendix A Criteria Relating to Use of D The amount of financial assurance required should !
Financial tests and Parent reflect the current economic conditions at time of Company Guarantees for decommissioning. ,
Providing Reasonable Assurance of funds for Decommissioning Appendix B Quantities of Licensed Material B -
Requiring Labeling
REGULATION SECTION TITLE ' COMPATIBILITY COMMENTS SECTION CATEGORY-Appendix C Criteria Relating to Financial Tests D and Self Guarantees for Providing ,
Reasonable Assurance of Funds for Decommissioning i
Appendix D Crite.ia Relat;ng to Use of D Self-Guarantee of Decommissioning Funding by Financial Tests and Self- Nonprofit and Non-Bond-issuing Licensees (63 FR Guarantee for Providity . 29535; June 1,1998) Effective July 1,1998.
Reasonable Assuran'.? of Funds for Decommissioning by Commercial Compeaies that Have no Outstanding Rned Bonds Appendix E Criteria Relating to Use of D Self-Guarantee of Decommissioning Funding by Financial Tests and Self- Nonprofit and Non-Bond-Issuing Ucensees (63 FR Guarantee for Providing 29535; June 1,1998) Fffective July 1,1998.
Reasonable Assurance of Funds for Decommissioning by Nonprofit Colleges, Universities, and Ilospitals ,
l 10
. . - _ . . - .. . . . ~ _ - _ . -. ... -.
['
Part 31 - GENERAL DOMESTIC LICENSES FOR BYPRODUCT MATERIAL REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY ,
S3
1.1 Purpose and Scope
D S31.2 Terms and Conditions D
$31.3 Certain devices and B Agreement States should adopt this provision equipment because it contains requirements for devices and equipment which are distributed nationwide.
531.4 Information collection D requirements: OMB approval l
$31.5 Certain measuring, D Agreement States have the flexibility to gauging or controlling authorize the use of these devices under a devices specific license rather than by general license. ,
t S31.6 Generallicense to C Agreement States should adopt this provision install devices generally because it recognizes the need for reciprocity l licensed of licenses from one jurisdiction to another for in S 31.5 this activity. States may require notification as a part of these provisions. !
31.7 Luminous safety B Agreement States should adopt this provision devices for use in because it contains requirements for devices i aircraft that are distributed nationwide and because of i their nature they frequently cross multiple !
jurisdictions.
$31.8 Americium-241 in the D form of calibration or !
(
reference sources
$31.9 General license to own C Changed to be consistent with 40.21 and byproduct material 70.20.
_ _ _ _ - _ _ _ - _ _ _ _ _ _ - _ - _ _ _ _ _ _ _ - _ _ _ _ _ - - _ - - _ _ = _ _
REGULATION - SECTION TITLE - COMPATIBILITY COMMENYS i SECTION CATEGORY
$31.10 Generallicense for B Agreement States should adopt this provision strontium 90 in ice because it contains requirements for devices detection devices that are distributed nationwide.
$31.11 Generallicense for use D. Agreement States have the flexibility to of byproduct material authorize the use of these materials under a for certain in vitro specific license.
clinical or laboratory - :
testing ;
$31.12 Maintenance of records D ;
- $31.13 - Violations D _
31.14 Criminal penalties D ,
)
2 ,
~
7 . . .
Part 32 - SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY 63
2.1 Purpose and Scope
D G32.2 Definitions Dose commitment [A] This term and definition are superseded by the new term and .
definition in 10 CFR Part 20,
" committed dose equivalent," which is stated in more current radiation protection terminology and is assigned ,
to compatibility Category A. The Part 20 term and definition should be used for purposes of compatibility and States should adopt this terminology consistently throughout their requirements.
Lot Tolerance Percent Defective B G32.3 Maintenance of records D 32.8 Information collection requirements: D OMB approval 1 532.11 Introduction of byproduct materialin C - paragraphs (a) exempt concentrations into and (b) products or materials and transfer of ownership or possession: B - paragraph (c)
Reauirements for license ,
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY i
532.12 Same: Records and material C The time required for record retention transfer reports may vary in accordance with the type of activity being licensed. l S32.13 Same: Prohibition of introduction C S32.14 Certain items containing byproduct NRC The Statement of Consideration in 31 material; requirements for license to FR 5314, dated April 2,1966- The apply or initially transfer Commission determined that these items are intended for use by the general public. Accordingly, pursuant ,
to Section 150.15(a)(6) of 10 CFR 150, Exemptions and Continued Regulatory Authority in Agreement States under Section 274, the transfer 4 of their possession or control by the manufacturer, processor, or producer is subject to the Commission's licensing and regulatory requirements ,
even if the product is manufactured pursuant to an Agreement State license. A manufacturer, processor or producer of such items when located ,
in an Agreement State should file an application with the Commission for a specific license authorizing the transfer of such items.
t 2
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY- i
$32.15 Same: Quality assurance, NRC t prohibition of transfer and labeling
$32.16 Certain items containing byproduct NRC material: Records and reports of !
tansfer -
l S32.17 Resins containing scandium-46 and B This provision was previously i designed for sand-consolidations in designated as an area reserved to the t oil wells: Requirements for license NRC. A review of the Statements of i
to manufacture, or initially transfer Considerations for this rule (32 FR for sale or distribution 4241,3/18/67) indicates that this activity can be licensed by an Agreement State. The Commission ;
considered that scandium-46 resins
,- were not a product intended for use by ;
the general public. Therefore, the !
transfer of such resins in an :
Agreement State by any manufacturer licensed by that Agreement State :
would not be licensed or regulated by .
the Commission. >
$32.18 Manufacture, distribution and NRC 3 transfer of exempt quantities:
Requirements for license l 632.19 Same: Conditions oflicenses NRC 32.20 Same: Records and material NRC transfer reports ;
i 3 !
3
-_ . _ _ - _ _ _ = _ ._ .________-______.-_-______-__-__--_--__-_-________I
. - . - -. . . - ~ . . - . . . . . .
1 REGULATION SECTION TITLE COM*ATIBILITY COMMENTS ' ;
SECTION CA TEGORY
$32.21 Radioactive drug: Manufacture, NRC This section establishes the preparation or transfer for manufacturing and preparation - '
commercial distribution of capsules requirements forapprovalof an containing carbon-14 urea each for exempt distribution license. Since an
- *in vivo". diagnostic use for humans exempt distribution license can only be ,
to persons exempt from licensing; issued by the NRC, these requirements for a license requirements are under NRC's regulatory jurisdiction. 1
$32.22 Selfluminous products containing NRC
, tritium, krypton-85 and promethium- '
147: Requirements forlicense to
- manufacture, process, produce, or ,
j_ initially transfer- ,y 32.23 Sanie: Safety criteria NRC !
I S32.24' Same: Table of organ doses B See 10 CFR $32.51. Column IV of this table should be adopted in .
essentially identical language since
$32.51 should be so adopted. The ,
table may be incorporated with the Agreement State's requirements which
, are equivalent to $32.51, as appropriate, rather then referenced j separately.
1 S32.25 Conditions oflicenses issued under NRC 532.22: Quality Control, labeling and reports of transfer !
4 r
b
- - . _ . _ . - - _ _ _ __ .-_____.______.._-__-___.._______._________._________________.____________________._.._______._.m
l l
REGULATION SECTION TITLE COMPATIBILITY COMMENTS 1 SECTION CATEGORY-i
$32.26 Gas and aerosol detectors NRC containing byproduct material:
Requirements forlicense to manufacture, process, produce or initially transfer S32.27 Same: Safety criteria NRC 32.28 Same: Table of organ doses NRC S32.29 Conditions oflicenses issued under NRC
. S32.26: Quality control, labeling and reports of transfer S32.40 Schedule A: Prototype tests for NRC automobile lock illuminators
$32.51 Byproduct mater.sl contained in B devices for use under $31.5: ;
Requirements for license to i manufacture or initially transfer
@32.51a Same: Conditions of licenses B Same: Material transfer reports and B !
S32.52 records .;
S32,53 Luminous safety devices for use in B aircraft: Requirements forlicense to manufacture, assemble, repair or :
initially transfer 632.54 Same: Labelina of devices B 5 ,
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY 532.55 Same: Quality assurance; B prohibition of transfer
$32.56 Same: Material transfer reports B
- $32.57 Calibration or reference sources B Am-241: Requirements for license to manufacture or initially transfer G32.58 Same: Labeling of devices B Q32.59 Same: Leak testing of each source B S32.60 [ Reserved]
S32.61 Ice detection devices containing B ;
strontium-90; Requirements for license to manufacture or initially transfer S32.62 Same: Quality Assurance; B prohibition of transfer
$32.71 Manufacture and distribution of B byproduct material for certain in vitro clinical or laboratory testing '
under cenerallicense 6
s REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY
'S32.72 Manufacture, preparation or B transfer for commercial distribution of radioactive drugs containing byproduct material for medical use under Part 35
$32.74 Manufacture and distribution of B sources or devices containing byproduct material for medical use
$32.101 Schedule B-prototype tests for B-luminous safety devices for use in aircraft
$32.102 Schedule C-prototype tests for B calibration or reference sources containing americium-241 S32.103 Schedule D-prototype tests for ice B detection devices containing strontium 90
$32.110 Acceptance sampling procedures B under specific licenses
$32.210 Registration of product information B - for States that Changed to clarify that States that do perform SS&D not have an SS&D evaluation program evaluations do not need to adopt this section for purposes of compatibility.
D - for States that do not perform SS&D evaluations 7
, ,. i k ! > i ; ! i \ . 5l S
T N
E M
M O
C Y
T I
Y LR I
BO I
TG -
AE PT MA
. OC 8 C
D D E
L .
T I
T N
O s I
T' ie lt C a n
E e S s p n l a
o n it a im lo i
i r
V C N'
O iN TO AI L T 3 UC E 1
0 0 G S 3 3 E 2 2 R 3 3
Part 33 - SPECIFIC DOMESTIC LICENSES OF BROAD SCOPE FOR BYPRODUCT MATERIAL REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY
$33.1 Purpose and scope D
@33.8 Information collection requirements: OMB D approval S33.11 Types of specific licences of broad scope D S33.12 Applications for specific licenses of broad scope D
$33.13 Requirements for the issuance of a Type A D specific license of broad scope
$33.14 Requirements for the issuance of a Type B D specific license of broad scope
@33.15 Requirements for the issuance of a Type C D specific license of broad scope 333.16. Application for other specific licenses D S33.17 Conditions of specific licenses of broad scope D S33.21 Violations D S33.23 Criminal penalties D S33.100 Schedule A D
Part 34 - LICENSES FOR RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR RADIOGRAPHIC OPERATIONS REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY 63
4.1 Purpose and Scope
D f34.2 Definitions ALARA [A] This definition also appears in 10 CFR $20.1003. For purposes of compatibility, the language of the Part 20 definition should be used where it is assigned to Compatibility Category A. 1 Annual refresher safety training C Associated equipment B Becquerel [A] This definition also appears in 10 CFR 20.1005. For purposes of compatibility, the language of the Part 20 definition should be used where it is assigned to Compatibility Category A.
Certifying entity B Collimator B Control (drive) cable B Control drive mechanism B !
i t
REGULATION ' SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY Control tube B Exposure head -B
- Field Station C The categorization of this section was changed to a Category C from Category D because this is a technical term used in the radiography ,
industry and the essential objectives of this term should be adopted by the States.
Gray [A] This definition also appears in 10 CFR 20.1004. For purposes of compatibility, the language of the Pad 20 definition should be used where it is assigned to Compatibility Category A.
Guide tube (projection sheath) B t Hands-on experience C Independent certifying organization B Industrial radioaraphy (radioaraphy) B t
2 t
________._._..___.___________.____._________________m_________________________.___._______._..__.___.._
l-REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY l
l Lay-barge radiography Lay-barge B - for States that radiography authorize licensees to j perform lay-barge radiography D- for other States Offshore platform radiography B - for States that authorize platform radiography in inland waters or tidal waters subject to the States jurisdiction D- for other States Permanent radiographic installation C The categorization of this section was changed to a Category C from Category D because this is a technical term used in the radiography industry and the essential objectives of this term should be adopted by the States.
Practical examination C 3
4
d REGULATION - SECTION TITLE COMPATIBILITY COMMENTS I. SECTION CATEGORY l
- Radiation safety officer for industrial C The categorization of this radiography section was changed to a Category C from Category D because this is a technical term used in the radiography industry and the essential objectives of this term should be adopted by the States.
Radiographer C Radiographer's assistant B -for States that authorize the use of radiographer's assistants ;
D - for other States Radiographic exposure device 8 Radiographic operations C I Radiography B S-tube B Sealed source [A] This definition also appears in [
10CFR 30.4. For purposes of compatibility, the ,
language of the Pad 30 definition should be used and it is assigned to Compatibility Category A.
4 i
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION - CATEGORY i Shielded position C The categorization of this section was changeo to a .
Category C from Category D because this is a technical term used in the radiography industry and the essential objectives of this term should be adopted by the States. .
Sievert [A] This definition also appears in 10 CFR 20.1004. For I purposes of compatibility, the language of the Part 20 definition should be used where it is assigned to Compatibility Category A. ,
Source assembly B Source changer B i
Storage area D :
Storage container B Temporary jobsite B Underwater radiography B - for States that '
authorize underwater '
radiography D- for other States 5
i
REGULATION ' SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY 634.3 Applications for specific licenses D S34.4 Maintenance of records C 34.5 Interpretations D
$34.8 Information collection requirements: D OMB approval 34.11 Application for a specific license D ,
S34.13 Specific license for industrial C radiography S34.20 Performance requirements of industrial B radiography equipment Q34.21 Limits on external radiation from B storage containers and source changers
$34.23 Locking of radiographic exposure B devices, storage containers and i source changers 634.25 Radiation survey instruments C-S34.27 Leak testing and replacement of C sealed sources 634.29 Quarterly Inventory C 6
_ . _ _ - _ _ _ _ . _ _ _ - _ _ - _ _ _ _____ _ m_ __m _. _____ mm_____m ___ _-m_m2-
REGULATION SECTION TITLE COMPATIBILITY ' COMMENTS SECTION CATEGORY
$34.31 Inspection and maintenance of C '
radiographic exposure devices, transport and storage containers, ,
associated equipment, source l
' -- changers and survey instruments 34.33 Permanent Radiographic Installations D/H&S .
634.35 Labeling, storage, and transportation B
$34.41 Conducting industrial radiography B , except paragraph An Agreement State need not operations (c) is B for States' adopt paragraph (c) unless it ,
which authorize authorizes these activities. If offshore platform or paragraph (c) is adopted, the
^
underwater requirements should be radiography or D- for essentially identical to those ,
other States of NRC. -
$34.42 Radiation safety officer for industrial D , except D/H&S for radiography the first sentence only of this section l .
i i
6 k
i 7
REGULATION SECTION TITLE ~ COMPATIBILITY COMMENTS SECTION CATEGORY
$34.43 Training B, except Paragraphs Because of certification (a)(2)is D. requirements, there should be uniformity required by the paragraph (c) is B -for transboundary implications of States that authorize reciprocal recognition of the use of .
certifications. If a State radiographer's wishes to clearly specify the assistants number of hours of formal classroom training as D - for other States specified in the SS&Rs, this would be considered compatible.
$34.45 Operating and Emergency procedures C , except for D - paragraphs (a)(9) and (b) 534.46 Supervision of radiographer's B -for States that assistants authorize the use of radiographer's assistants D - for other States 634.47 Personnel monitoring C Q34.49 Radiation surveys C - paragraphs (a), (b) and (c)
D - paragraph (d) 634.51 Surveillance C 8
REGULATION SECTION TITLE COMPATIBILITY. COMMENTS'
- SECTION . ' CATEGORY -
634.53 Posting C
~ $34.61 Records of the specdiclicense for D
' industrial radiography
$34.63 Records of receipt and transfer of C -
sealed sources
$34.65 Records of radiation survey C instruments
$34.67 Records of leak testing C S34.69 Records of quarterly inventory C f34.71 Utilization logs B
$34.73 Records ofinspection and C maintenance of radiographic exposure devices, transport and storage ,
containers, associated equipment, source changers, and survey instruments
$34.75 Records of alarm system and entrance D >
control check at permanent radiographic equipment
$34.79 Records of training and certification 'C 834.81 Copies of operating and emergency C procedures 9
ll ! ll' S
T N
E M
M O
C Y
T I
Y LR I
BO I
TG AE PT MA OC -
C C D C C C D D D B 0
1 s
dr g o i
n c r
o s e r
E it y d s L n e n n n T
I o v r a o o m u it T s s p it N le t n m a n n e e ic O n o x s f
it I
T o it s m e r C s r
ia dr u c r ie lt e
c E e d a o o f o a r S p r c d s n e e s e h f s oer f
o r f
o n n p o o s P s u s f
o n it it n a drd dr s o a a io la r g
c c n o e o i
c c o
c m t
a i f
i t
la i
i c i lp m d e
. Rp o
r e r o o t
o p o ir a R F L N A Vi C R
'N ON I
TA10 L1 A UC 1 1 1 3 ix GE ES 3
8 5
8 7
8 9
8 0 1 2 2 d n
1 1 1 1 e
R 4 4 4 4 4 4 4 4 p p
3 3 3 3 3 3 3 3
. $ $ S S S G A l(
Part 35 - MEDICAL USE OF BYPRODUCT MATERIAL REGULATION . SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY
$35.1 Purpose and scope D
$35.2 Definitions Address of use D ALARA [A] This definition also appears in 10 CFR
$20.1003. For purposes of compatibility, the language of the Part 20 definition should be used and it is assigned to Compatibility ;
Category A. l Agreement State [B] This definition also appears in 10 CFR S150.3(b). For purposes of compatibility, the language of the Part 150 definition should be used and it is assigned to Compatibility Category B.
Area of use D Authorized nuclear pharmacist D Authorized user C Brachytherapy source D ,
Dedicated check source D
REGULATION SECTION TITLE COMPATIBILITY COMMENiS g SECTION CATEGORY 4 Dental use D ',
Dentist D Diagnostic clinical procedures D manual Management D Medicalinstitution D Medical use C Ministerial change D Misadministration C States should adopt the quantitative values (e.g. the % differences; dose equivalents) in this provision in order to meet the essential objectives of this requirement.
Mobile nuclear medicine service D Output D Pharmacist D 2
REGdLATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY Physician D Podiatric use D Podiatrist D Prescribed dosage C Prescribed dose C Radiation safety officer D Recordable event D Sealed source [B] This definition also appears in 10CFR S30.4. ,
For purposes of compatibility, the language of <
the Part 30 definition should be used and it is assigned to Compatibility Category B.
Teletherapy physicist D Written directive C 35.5 Maintenance of records D 3 ,
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION ' CATEGORY -
$35.6 Provisions for research D involving human subjects.
@35.7 FDA, other Federal, and State D requirements
@35.8 Information collection D requirements: OMB Approval S35.11 License required [C] The general requirement for activities to be licensed appears in iO CFR 9 30.4 which has been designated compatibility category C.
Agreement States should adopt the Part 30 provision as a minimum requirement for their licensees.
$35.12 Application of license, D amendment, or renewal i
S35.13 License amendments D S35.14 Notifications D
$35.15 Exemptions regarding Type A D specific licenses of broad scope S35.18 License issuance D 4
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY
$35.19 Specific exemptions D S35.20 ALARA program [D] The provision for ALARA requirements appears in 10 CFR S20.1101(b) and is generally applicable to all licensees. Section 20.1101(b) is not required for purposes of compatibility, but is designated as having health and safety (H&S) significance.
S35.21 Radiation Safety Officer D, except D/H&S -
paragraph (a)
$35.22 Radiation safety committee D S35.23 Statements of authority and D, except D/H&S -
responsibilities paragraph (a)
S35.25 Supervision D S35.29 Administrative requirements that D apply to the provision of mobile nuclear medicine service
$35.31 Radiation safety program D changes l
5
E ..
- t
'?
REGULATION SECTION TITLE COMPATIBILITY . COMMENTS SECTION CATEGORY-
$35.32 ' Quality management program D/H&S - paragraphs (a),:.
(b) and (c)
D - paragraphs (d), (e) and (f)
$35.33 Notifications, reports, and C -
records of misadministrations
$35.49 Suppliers for sealed sources or D'
~
devices for medical use i
I
$35.50 Possession, use, calibration, D
, and check of dose calibrators
.535.51 Calibration and check of survey [D] The provision for ALARA requirements instruments appears in 10 CFR $20.1501(b) and is - -
generally applicable to alllicensees. Section 20.1501(b) is not required for purposes of ,
compatibility, but is designated as having health and safety (H&S) significance.
$35.52 Possession, use, calibration, D !
i and check ofinstruments to j measure dosages of alpha- or ;
beta-emitting radionuclides i
l ;
6
.i t
_ - - - - - - - _ _ ~ - - -.-_,,n - - - - . . - - n - - - - - - -
l l REGULATION SECTION TITLE COMPATIBILITY - COMMENTS SECTION CATEGORY i
l
$35.53 Measurements of dosages of D/H&S - paragraphs (a)
- unsealed byproduct material for and (b) l medical use D - paragraph (c)
$35.57 Authorization of calibration and D reference sources
$35.59 Requirements for possession of D/H&S sealed sources and brachytherapy sources
$35.60 . Syringe shields and labels D-
$25.61 Vial shields and labels D
$35.70 Surveys for contamination and D/H&S ambient radiation exposure rate i
7
. - - - . _ _ . _ _ - _ _ - - _ . . - - _ _ _ _ - - _ _ _ _ _ _ _ _ . -- . - - - - - _ - _ _ _ _ _ _ _ _ - - - - _ _ _ - - = _ _ _ - _ - . - - - _ _ _ _ _ _ - - - _ _ - - - - - _ _ - _ - _ _ _ _ _ _ _ _ _ - - - - - _ - _ _ _ - - - -
S REGULATION SECTION TITLE - . COMPATIBILITY COMMENTS "SECTION - CATEGORY-
$35.75 : Release ofindividuals ; C- paragraph (a) Paragraphs (a) is' designated as "C" because containing radiopharmaceuticals; of potentialimplications of a patent moving or permanent implants D/H&S -(b) between multiple jurisdictions, and the
< essential objectives of this rule should be D - Paragraphs (c) and adopted to avoid conflicts, duplicatons or
- (d). gaps. The essential objective of the rule is the release of individuals were it is not likely to .
exceed 0.5 rem. Agreement States may be more stringent than the NRC requirements,.
but not less stringent. Paragraph (b) is
, designated "H&S" becsuse it establishes minimum requirements necessary to protect public health and safety.-
$35.80 Techr,ical requirements that D-apply to the provision of mobile nuclear medicine services
$35.90 Storage of volatiles and gases - .D 35.92 Decay-in-storage .D~
@35.100 Use of unsealed byproduct D/H&S material for uptake, dilution, and excretion studies 35.120 Possession of survey D instruments 8
REGULATION SECTION TITLE COMPATIBILITY - COMMENTS SECTION . CATEGORY 4
$35.200 Use of unsealed byproduct D/H&S ;
I '
material forimaging and localization studies i
$35.204 Permissible molybdenum-99 D/H&S concentration
~ $35.205 ' Control of aerosols and gases [D] 10 CFR $20.1201 and $20.1301 specify occupational and public dose limits, .i l
respectively, and are designated compatibility I category A. Since this section directly references the Part 20 sections, it is not ;
required for purposes of compatibility. .;t t
$35.220 Possession of survey [D] The orovision for ALARA requirements !
instruments app 'its in 10 CFR $20.1501(b) and is ,
genn. 'ly applicable to alllicensees. Section 20.1501(b) is not required for purposes of 4 compatibility, but is designated as having health and safety (H&S) significance.
$35.300 Use of unsealed byproduct ma- D/H&S terial for therapeutic administration ,
@35.310 Safety instruction D
$35.315 Safety precautions -D !
i 9 ,
i r
-_ _ __ __ __ _ _ 5
REGULATION _ SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY
$35.320 Possession of survey D instruments
$35.400 Use of sources for D brachytherapy S35.404 Release of patients or human C research subjects treated with temporary implants
$35.406 Brachytherapy sources D, except paragraphs (a) inventory and (c) are D/H&S S35.410 Safety instruction D S35.415 Safety precautions D S35.420 Possession of survey D instruments .
$35.500 Use of sealed sources for D -
diagnosis 535.520 Availability of survey instrument D
@35.600 Use of a sealed source in a D teletherapy unit 10 l
REGULATION SECTION TITLE COMPATIBILITY COMMEi4TS SECTION CATEGORY
$35.605 Maintenance and repair D/H&S restrictions
$35.606 License amendments D
$35.610 Safety instructions D/H&S S35.615 Safety precautions D/H&S S35.620 Possession of survey D instrument 535.630 Dosimetry equipment D/H&S S35.632 Full calibration measurements D/H&S States should adopt the quantitative values (e.g. % output differences and the times of calibrations) in this provision in order to meet the essential objectives of this requirement.
S35.634 Periodic spot-checks D/H&S S35.636 Safety checks for teletherapy D/H&S facilities 35.641 Radiation surveys for D teletherapy facilities 11
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY '
S35.643 Modification of teletherapy unit D .
or room before beginning a j treatment program ;
35.645 Reports of teletherapy surveys, D checks, tests, and measurements
$35.647 Five-yearinspection D/H&S
$35.900 Radiation safety officer D
$35.901 Training for experienced D radiation safety officer S35.910 Training for uptake, dilution, and D excretion studies i S35.920 Training for imaging and D -l localization studies l
$35.930 Training for therapeutic use of D -
unsealed byproduct material S35.932 Training for treatment of D hyperthyroidism i
12 I
i
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY S35.934 Training for thyroid carcinoma D S35.940 Training for use of D brachytherapy sources
$35.941 Training for ophthalmic use of D strontium-90
$35.950 - Training for use of sealed sour- D ces for diagnosis
$35.960 Training for teletherapy D S35.961 Training for teletherapy D physicist *
.S35.970 Training for experienced D authorized users
$35.971 Physician training in a three D month program ,
@35.972 Recentness of training D S35.980 Training for an authorized D nuclear pharmacist t
t 13
. I' I . '
x S _
T N -
E _
M M
O C .
Y T
I LY I
BR I
O T
AG P E T
MA OC 4 1
C D D D D r
a e n lc o u i t
n is E d ga n L e c nrt T
I n it T i e lcg i n N r e s f ni r O p e ou it cd I
T x la e n fots C r t e n E os s p n o e S~ fga ic n m n o la it uerd m
i t n inr a i m loio s ui o
l ia a i eqr Rr e p e rh i r Tp V C N
ON I
TO AI L T UC E 1 0 1 9 G S 8 9 9
9 9
9 9
E 9 R 5 5 5 5 3 3 3 3
$ $ S $
, .t Part 36 - LICENSES AND RADIATION SAFETY REQUIREMENTS FOR IRRADIATORS
.}
REGULATION SECTION TITLE COMPATIBILITY COMMENTS :
SECTION - CATEGORY- -l 936.1- Purpose & Scope D - paragraph (a) . States should adopt the quantitative values and irradiator types in C - paragraphs (b) and paragraphs (b) and (c) to meet the (c) essential objectives of this requirement in order to avoid potential conflicts -
between jurisdictions.
s
$36.2 Definitions '}
Annually D ?
Doubly encapsulated sealed source D
]
Irradiator C
~ Irradiator operator D _
Panoramic dry-source- D storage irradiator Panoramic irradiator- D ;!
, ~?
Panoramic wet-source- D storage irradiator Poolirradiator ~D Product conveyor system D j j i Radiation room L i
-i Radiation safety officer D i
[
I
.I r
. t i
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY Sealed source [B] This definition also appears in 10 CFR Q30.4. For purposes of compatibility, the language of the Part 30 definition should be used and it is assigned to Compatibility Category B.
Seismic area D Underwaterirradiator D 636.5 Interpretations 'D S36.8 information collection requirements: D OMB approval ;
G36.11 Application for a specific license D S36.13 Specific licenses for irradiators D/H&S i 36.15 Start of construction D 36.17 Applications for exemptions D !
836.19 Request for written statements D S36.21 Performance criteria for sealed B sources f36.23 Access control D/H&S N36.25 Shielding D/H&S 636.27 Fire protection D/H&S 2
i
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY ,
536.29 Radiation monitors D/H&S 636.31 Control of source movement D/H&S G36.33 Irradiator pools D/H&S S36.35 Source rack protection D 636.37 Power failures D/H&S S36.39 Design requirements D/H&S S36.41 Construction monitoring and D/H&S acceptance testing Q36.51 Training D/H&S S36.53 Operating & Emergency procedures D/H&S 636.55 Personnel monitoring D S36.57 Radiation surveys D/H&S States should adopt the quantitative values for surveys in this provision to meet the essential objectives of this requirement.
S36.59 Detection ofleaking sources D/H&S States should adopt the quantitative values for detection of leaking sources in this provision to meet the essential objectives of this requirement.
3
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY 636.61 Inspection and maintenance DM&S 536.63 Pool water purity D/H&S States should adopt the quantitative values for pocl water purity in this provision to meet the essential objectives of this requirement.
36.65 Attendance during operation DM&S S36.67 Entering and leaving the radiation DM&S room
$36.69 Irradiation of explosive or DM&S inflammable materials 36.81 Records and retention periods D I
636.83 Reports C 636.91 Violations D 636.93 Criminal penalties D s
i t
i 4 .
\
Part 39 - LICENSES AND RADIATION SAFETY REQUIREMENTS FOR WELL LOGGING ,
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY 63
9.1 Purpose and Scope
D 639.2 Definitions Field station B i Fresh water aquifer D Injection tool D Irretrievable well logging source D t Licensed material D Logging assistant D Logging supervisor C Logging tool D Personal supervision D Radioactive marker D Safety review D Sealed source [B] This definition also appears in 10 CFR S30.4. For purposes of compatibility, the language of the Part 30 definition should be used and it is assigned to i Compatibility Cateaory B.
t
1 l
REGULATION SECTION TITLE COMPATIBILITY ' COMMENTS -
~ SECTION CATEGORY Source holder D .
Subsurface tracer study D i i
- Surface casting for protecting D i fresh water aquifers
' Temporary jobsite D ,
Uranium sinker bar D i Well D !
.r Welllogging C I r
S39.5 Interpretations D-539.8 information collection 'D [
requirements: OMB approval 39.11 Application for a specific license D l N39.13 Specific licenses for well logging D/H&S $
-3
$39.15 Agreement with well owner or C operator ;
39.17 Request for written statements D !
$39.31 Labels, security, and D - paragraph (a) !
transportation precautions !
C - paraaraoh (b) 2
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY
$39.33 Radiation detection instruments C - paragraphs (a) and (c)
D/H&S - paragraph (b)
D - paragraph (d) 639.35 Leak testing of sealed sources C S39.37 Physicalinventory D/H&S 39.39 Records of material use C 39.41 Design and performance criteria B for sealed sources S39.43 Inspection, maintenance, and C opening of a source or source holder 939.45 Subsurface tracer studies C S39.47 Radioactive markers D S39.49 Uranium sinker bars C S39.51 Use of sealed source in a well D without surface casina 3
REGULATION SECTION TITLE COMPATIBILITY - COMMENTS SECTION CATEGORY S39.61 Training B This was changed to be consistent with 34.43 -
radiographer training since the transboundary impacts are similar, although well loggers are certified.
S39.63 Operating & Emergency C procedures S39.65 Personnel monitoring C - paragraph (a)
D - paragraphs (b) and (c) 639.67 Radiation surveys C 39.69 Radioactive contamination control C S39.71 Security C S39.73 Documents & records required at C field stations 939.75 Documents & records required at C temporary job sites
$39.77 Notification of incidents: C - paragraphs (a), (c) abandonment procedures for and (d) i irretrievable sources D - paraaraoh (b) 4
3 . .'s ; r ? ii. ,, ?
S T
N E
M M
O C
Y T Y I
LR I
BO TG I
AE PT MA OC C
D D D 5
s E n L
o it T p I
T m e
N x s O e e
. I r i o lt
_ T a
_ C f s n E n e S o s p it n l a
a o n ic it a
i lp lo m p i i
r A V C N
O N I
T AIO LT UC 1 3 GE 1 0 0 ES 9 1 1 R 9 3
9 3
9 3
- f 6 S
Part 40 - DOMESTIC LICENSING OF SOURCE MATERIAL REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY S40.1 i)urpose D
$40.2 Scope D
_ $40.2a Coverage ofinactive tailings sites A - States with authority to regulate uranium mill activities (11.e.2 byproduct material)
D - States without ,
authority !
540.3 License requirements C S40.4 DeEnitions
= .
Act D Agreement State [B] This definition also appears in 10 CFR
$150.3(b). For purposes of compatibility, the language of the Part 150 definition should be used and it is assigned to Compatibility Category B.
b i
i
I
- REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY Alert [A] This definition also appears in 10 CFR
@30.4. For purposes of compatibility, the language of the Part 30 definition should be used and it is assigned to Compatibility Category A.
Byproduct material [A] This definition also appears in 10 CFR
@150.3(c). For purposes of compatibility, the language of the Part 150 definition should be used and it is assigned to Compatibility Category A.
Commencement of construction [D] This definition also appears in 10 CFR
@30.4. For purposes of compatibility, the language of the Part 30 definition should be used and it is assigned to Compatibility Category D.
Commission D Corporation D This definition is not required for compatibility since it defines an entity, the regulation of which is reserved to NRC.
A State may adopt a definition for purposes of clarity or communication.
4 2
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY Decommission [C] This definition also appears in 10 CFR S30.4. For purposes of compatibility, .
the language of the Part 30 definition should be used and it is assigned to Compatibility Category C.-
Department of Energy [D] This definition also appears in 10 CFR
@20.1003. For purposes of '
- j compatibility, the language of the Part 20 definition should be used and it is i assigned to Compatibility Category D.
Depleted uranium A Effective kilogram D .
Govemment agency D Ucense [D] This definition also appears in 10 CFR
. $20.1003. For purposes of compatibility, the language of the Part 20 definition should be used where it is assigned to Compatibility Category D.
I 3
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY Persons [C] This definition also appears in 10 CFR
@150.3(g). For purposes of compatibility, the language of the Part 150 definition should be used and it is assigned to Compatibility Category C.
Phannacist [D] This definition also appears in 10 CFR 35.2. For purposes of compatibility, the language of the Part 35 definition should be used and it is assigned to Compatibility Category D.
Physician [D] This definition also appears in 10 CFR 35.2. For purposes of compatibility, the language of the Part 35 definition should be used and it is assigned to Compatibility Category D.
Principle activities [D] This definition also appears in 10 CFR
@30.4. For purposes of compatibility, the language of the Part 30 definition should be used and it is assigned to Compatibility Category D.
4
D REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY Residual radioactive material A - States with authority to regulate uranium mill activities (11.e.2 byproduct material)
D - States without authority Site area emergency [A] This definition also appears in 10 CFR
@30.4. For purposes of compatibility, the language of the Part 30 definition should be used and it is assigned to Compatibility Category A.
Source material [A] This definition also appears in 10 CFR
@150.3(i). For purposes of compatibility, the language of the Part 150 definition should be used and it is assigned to Compatibility Category A.
Special nuclear material [A] This definition also appears in 10 CFR
@150.3(j). For purposes of compatibility, the language of the Part 150 definition should be used and it is assigned to Compatibility Category A.
5
l-REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY Transient shiprnent [D] This definition also appears in 10 CFR l
570.4. For purposes of compatibility, the language of the Part 70 definition should be used where it is assigned to Compatibility Category D.
United States [D] This definition also appears in 10 CFR
$30.4. For purposes of compatibility, the language of the Part 30 definition should be used where it is assigned to Compatibility Category D. !
Unrefined and unprocessed ore B 1 Uranium enrichment facility [D] This definition also appears in 10 CFR
$150.3(m). For purposes of compatibility, the language of the Part 150 Gfinition should be used where it is assigned to Compatibility Category D.
6
.. . . =. . . .
REGULATION SECTION TITLE COMPATIBILITY COMMENTS r SECTION CATEGORY Uranium milling C - States with I
authority to regulate uranium mill activities (11.e.2 byproduct material)
D - States without this authority
&40.5 Communications D
@40.6 Interpretations D
@40.7 Employee protection D
@40.8 Information collection D requirements: OMB approval ,
. @40.9 Completeness and accuracy of D ,
information i
i 7
REGULATION SECTION TITLE COMPATIBILITY . COMMENTS -
SECTION CATEGORY
$40.10 Deliberate misconduct C The Commission determined in response to SECY-97-156 that Agreement States should adopt the essential objectives of this provision.
If deliberate misconduct and wrongdoing issues involving Agreement State licensees were not i ' pursued and closed by Agreement States, then a potential gap may be created between NRC and Agreement State programs.
@40.11 Persons using source material B under certain Department of Energy and Nuclear Regulatory Commission contracts
$40.12 Carriers B, e>: cept 40.12(b) Paragraph 40.12(b) addresses is NRC import / export of material.
@40.13 Unimportant quantities of source B material 8
A.
- i l
. f REGULATION - SECTION TITLE COMPATIBILITY - COMMENTS 1 SECTION CATEGORY !
1 1
i j
$40.14 . Specific _ exemptions D Paragraphs (c) and (d) were changed from "NRC" to "D" to be consistent l with the categorization of other 10 ;
CFR exemption sechons, i.e., 30.11, ,
. 61.6 and 70.14. Paragraph (b) is; !
. reserved. l 1
_ 40.20- Types of licenses D, except State may adopt a single provision that j paragraph (a)is a incorporates those of this paragraph and l C. those of 30.31 and 70.18 I
$40.21 General license to receive title to C '
source or byproduct material !
t
$40.22 Small quantities of source material B _
i i
$40.23 ~ General license for carriers of NRC -
transient shipments of natural uranium other than in the form of
- ore or ore residue j S40.24 Reserved i i
- $40.25 Generallicense for use of certain C [
i industrial products or devices 5
2 t
9' t i
f i
i
. REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY
$40.26 General license for possession C - States with -
and storage of byproduct material authority to regulate -
as defined in this part uranium mill -
activities (11e.2 byproduct material) - t D - States without authority ;
640.27 Gene.ral license for custody and ~
^
NRC long-term care of residual '
radioactive material disposal sites
$40.28 General license for custody and . NRC long-term care of uranium or thorium byproduct materials disposal sites -
@40.31 Application for specific licenses D, except i Paragraph (j)is D/H&S i l
i 10
REGULATION SECTION TITLE COMPATIBILITY COMMENTS
, SECTION CATEGORY
@40.32 General requirements for issuance D - paragraphs (a) of specific licenses and (f)
D/H&S -
paragraphs (b) and (c)
NRC - paragraphs (d), (e) and (g) -
@40.33 issuance of a license for a NRC l uranium enrichment facility
@40.34 Special requirements for issuance B - paragraphs of specific licenses (a)(2) and (a)(3)
D - paragraphs (a)(1), (b) and (c)
Q40.35 Conditions of specific licenses B - paragraphs (b) 1 issued pursuant to 40.34 and (c)
C - paragraph (a)
D - paragraphs (d),
(e), and (f) 11
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY 40.36 Financial assurance and D- paragraphs States have the flexibility to specify .
recordkeeping for (c),and (e) different dollar amounts based on decommissioning jurisdiction and local conditions. The D/H&S - H&S designation for paragraph (f)is paragraphs warranted by the requirement for transfer ,
(a),(b),(d) and (f) of certain records (e.g. spills or spread of .
contamination)important for decommissioning to a subsequent
- licensee at the same facility.
@40.38 Ineligibility of certain applicants NRC i
12
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY
@40.41 Terms and conditions of licenses The essential objective (s) of :
C - paragraphs (a), paragraphs (a) (b),(c) should be (b), and (c) adopted by Agreement States because of the reciprocal recognition D- paragraphs of licenses, transboundary effects in (e)(2) and (e)(4) transferring material through multiple jurisdictions and to avoid conflicts and NRC- paragraphs confusion in regulation of agreement (d), (e)(1), (e)(3), material on a nationwide basis.
and (g)
Paragraphs (d), (e)(1) , (e)(3), and (g) are D/H&S- paragraph NRC because these provisions address (g) areas reserved to the Commission by the Atomic Energy Act. Paragraph (f)is designated "H&S" because the notification of bankruptcy will alert agencies to the possibility of ,
abandonment of licensed facilities at which there is potential for exposure in excess of Part 20 limits.
@40.42 Expiration and termination of D- paragraphs (a),
licenses and decommissioning of (b), and (k)(4) sites and separate buildings or outdoor areas D/H&S - paragraphs (c), (d), (e), (f) , (g),
(h), (i),(j) and (k)(1),
(2) and (3) 13
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY
$40.43 Renewal oflicenses D Q40.44 Amendment oflicenses at request D oflicensee
@40.45 Commission action on application D to renew or amend g40.46 inalienability oflicenses C
~
S40.51 Transfer of source or byproduct C - paragraphs material (a),(b)(1) through (b)(5), (b)(7),(c) and (d)
NRC - paragraph (b)(6)
@40.60 Reporting requirements C - paragraphs (a), ,
(b) and (c), except D - paragraph (c)(3) 14 i
i t
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY 40.61 Records C - paragraphs (a) The H&S designation for paragraph (e) is and (b) warranted by the requirement for transfer i
of certain records (e.g. spills or spread of D - paragraphs (c) contamination)important for decommissioning to a subsequent and (f) licensee at the same facility.
D/H&S -
paragraphs (d) and (e)
@40.62 Inspections D
@40.63 Tests D
@40.64 Reports NRC
@40.65 Effluent monitoring reporting C - states with requirements authority to regulate uranium mill '
activities (11e.2 byproduct material)
D - states without ,
authority k
15
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY
@40.66 Requirements for advance notice . NRC of export shipments of natural uraniuin
@40.67 Requirement for advance notice of NRC importation of natural uranium from countries that are not party to the Convention on the Physical Protection of Nuclear Material
@a0.71 Modification and revocation of D licenses ,
@40.81 Violations D
@40.82 Criminal penalties D APPENDIX A C - states with authority to regulate i uranium mill :
activities (11e.2 byproduct material) !
D - states without authority i 16 f
(
H t
- Part 61 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE w
REGULATION : (ECTION TITLE COMPATIBILITY COMMENTS -
SECTION _
CATEGORY 61.1 Purpose & Scope - D-61.2- Definitions
' Active maintenance D/H&S Buffer zone D Chelating agent B This definition appears in Appendix G to Part 20 Section I, Manifest definitions. This definition is designated a category B because of its significant transboundary -
implications in the disposal of low level waste.
- Commencement of construction ' 'D Commission D Custodial Agency D Director D Disposal - C Disposal site C Disposal unit D Engineered barrier D Explosive material D
_ _ _ _- _______m __=_--___=_____m-_.___e - --
. + . - - , _ -+ =- + w--w-e- -- - - - - - ~ - _ ._ _e+ + __ n.v.-,-w r- - - _ __ _ _ . -_-_ .-- __.
f REGULATION - SECTION TITLE COMPATIBILITY. COMMENTS SECTION CATEGORY Government agency D Hazardous waste C Hydrogeologic unit D Inadvertent intruder C Indian Tribe D
- Intruder barrier C Land disposal facility B This definition appears in Appendix G to Part 20 Section I, Manifest definitions. This definition is designated a category B because of its significant transboundary implications in the disposal of low level waste.
, License [D] This definition also appears in 10 CFR 520.1003. For purposes of compatibility, the language of the Part 20 definition should be used and it is assigned to '
Compatibility Category D.
Monitoring C Near-surface disposal facility D Person [C] This definition also appears in 10 CFR $150.3(g). For purposes of compatibility, the language of the Part 150 definition should be used and it is assigned to Compatibility Category C.
Pyrophoric liquid D Site closure and stabilization D l i
State D !
I 2
I
. . _ _ . _ _ ..._.__._2
____:_._n__ __._________.__u. _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ . - __ _ _______.-____a
d REGULATION SECTION TITLE COMPATIBILITY COMMENTS
- SECTION CATEGORY Stability D Surveillance D _
Tribal governing body D Waste 8 f61.3 License required C 661.4 Communications D S61.5 'nterpretations D f61.6 Exemptions D 661.7 Concepts D/H&S i Q61.8 Information collection D requirements: OMB approval 661.9 Employee protection D
$61.9a Completeness and accuracy of D information
$61.9b Deliberate misconduct C The Commission determined in response to SECY 156 that Agreement States should adopt the essential objectives of this provision. If deliberate misconduct and wrongdoing issues involving Agreement State licensees were not pursued and closed by Agreement States, then a potential gap that may be created between NRC and Agreement State programs.
61.10 Content of application D 661.11 General information D 3
. _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . ~ _ _ _ _ _ _ _ _ _ . _ __ - _ ,
REGULATION - SECTION TITLE - COMPATIBILITY - COMMENTS SECTION CATEGORY 661.12 Specific technicalinformation D f61.13 Technical analysis D/H&S S61.14 Institutionalinformation D/H&S S61.15 Financialinformation D S61.16 Other information NRC ,
61.20 Filing and distribution of D application
- 61.21 Elimination of repetition D 961.22 Updating of application D 61.23 Standards forissuance of a D/H&S -
license paragraphs (a) through (h)
D - paragraphs (k) and (I)
NRC - paragraphs t (i) and (j)
Q61.24 Conditions oflicenses D !
61.25 Changes D ;
G61.26 Amendment oflicense D ,
@61.27 Application for renewal or D closure S61.28 Contents of application for D closure i
4 L
--___s-- - - - . - . _ _ _ . _ -.__ _ _ - _ _ _ . - _ _ -- - . - - . - _ _ - - - _ - _ - _ . - - - .
REGULATION SECTION TITLE COMPATIBILITY COMMENTS '
SECTION CATEGORY 61.29 Post-closure observation and D maintenance
@61.30 Transfer of license D/H&S 661.31 Termination of license D i
S61.40 General requirement D S61.41 Protection of the general A population from releases of radioactivity
$61.42 Protection ofindividuals from D/H&S inadvertent intrusion Q61.43 Protection ofindividuals during D/H&S Covered by provisions in Part 20 operations-S61.44 Stability of the disposal site after - D/H&S closure 561.50 Disposal site suitability D/H&S requirements for land disposal S61.51 Disposal site design forland D/H&S disposal S61.52 Land disposal facility operation D/H&S and disposal site closure 661.53 Environmental monitoring D/H&S S61.54 Attemative requirements for D/H&S design and operations 661.55 Waste classification B 5
t
L REGULATION . SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY G61.56 Waste characteristics D/H&S 561.57 Labeling D/H&S States should adopt this provision for safety to prevent overexposure from mishandling of wastes with high -
activities. ,
$61.58 Altemative requirements for D waste classification and characteristics 61.59 Institutional requirements D/H&S
$61.61 Applicant qualifications and D assurances e
$61.62 Funding for disposal site closure D/H&S and stabilization S61.63 Financial assurances for D/H&S institutional controls 661.70 Scope D S61.71 State and Tribal govemment D consultation
$61.72 Filing of proposals for State and D '
Tribal participation D
S61.73 Commission approval of proposals
$61.80 Maintenance of records, reports, C and transfers 661.81 Tests at land disposal facilities D ,
h 6 i f
-__m ____ ___ _ _ .
~
S T
N E
M M
O -
C _
Y T Y I
LR I
BO TG I
7 AE PT MA OC C D D D d _
n _
la f
o E s L n _
T I i o .
T t c
N e ps s _
O se ie lt I
T ini it a C nic l
n E iao e p
S sf s iasl n l a
o mso it n mp i
la m os i o i r
Cd iV C N
ON I
TO AI L T UCE G S 2 8
3 8
4 8
E R 1 6
1 6
1 6
9 6 @
Part 70 - DOMESTIC LICENSING OF SPECIAL NUCLEAlt MATERIAL REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY
@70.1 Purpose D, except paragraphs Paragraphs (c) and (d) address spent fuel and (c) and (d) are NRC high level waste and physical security and accountability of materials, areas reserved to NRC.
@70.2 Scope D 570.3 License requirements C
$70.4 Definitions Act D Agreement State [B] This definition also appears in 10 CFR 150.3(b).
For purposes of compatibility, the language of the Part 150 definitiori should be used and it is '
assigned to Compati'oility Category B.
Alert [A] This definition also appears in 10 CFR S30.4. For purposes of compatibility, the language of the Part 30 definition should be used and it is assigned to Compatibility Category A.
Atomic Energy D Atomic Weapon D !
t t'
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY Commencement of construction [D] This definition also appears in 10 CFR 530.4. For purposes of compatibility, the language of the Part 30 definition should be used and it is assigned to Compatibility category D. >
Commission D Common defense and security D Contiguous sites D Corporation [D] This definition also appears in 10 CFR 40.4. For purposes of compatibility, the language of the Part 40 definition should be used where it is assigned to Compatibility Category D.
Decommission [C] This definition also appears in 10 CFR S30.4. For purposes of compatibility, the language of the Part 30 definition should be used and it is assigned to Compatibility Category C. ,
Department or Department of [D] This definition also appears in 10 CFR $20.1003. [
Energy For purposes of compatibility, the language of the Part 20 definition should be used and it is assigned to Compatibility Category D Effective dose equivalent [A] This definition also appears in 10 CFR $20.1003.
For purposes of compatibility, the language of the Part 20 definition should be used and it is assigned to Compatibility Category A.
2 i
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY Effective kilograms of special D riuclear material Formula quantity D Government agency D License [D] This definition also appears in 10 CFR S20.1003.
For purposes of compatibility, the language of the Part 20 definition should be used and it is assigned to Compatibility Category D.
Persons [C] This definition also appears in 10 CFR S150.3(g).
For purposes of compatibility, the language of the Part 150 definition should be used and it is assigned to Compatibility Category C.
Plutonium processing and fuel D fabrication plant .
Principal activities [D] This definition also appears in 10 CFR S30.4. For purposes of compatibility, the language of the Part 30 definition should be used and it is assigned to Compatibility Category D.
Produce D Research and development D ;
Restricted data D i
3 ;
t
REGULATION SECTION TITLE COMPATIBILITY COMMENTS ,
SECTION CATEGORY Sealed source [B] This definition also appears in 10 CFR S30.4. For purposes of compatibility, the language of the Part 30 definition should be used and it is assigned to Compatibility Category B.
Site area emergency (A] This definition also appears in 10 CFR 530.4. For purposes of compatibility, the language of the Part 30 definition should be used and it is assigned to '
Compatibility Category A.
Source material [A] This definition also appears in 10 CFR S150.3(i).
For purposes of compatibility, the language of the Part 150 definition should be used and it is assigned to Compatibility Category A.
Special nuclear material [A] This definition also appears in 10 CFR $150.3(j).
For purposes of compatibility, the language of the Part 150 definition should be used and it is assigned to Compatibility Category A.
Special nuclear material of low D This definition may be adopted by an Agreement strategic significance State for purposes of clarity and communication.
Changed from NRC to D to avoid confusion over i which provisions related to exclusive NRC Jurisdiction could be adopted by States.
Special nuclear material of D This definition may be adopted by an Agreement moderate strategic significance State for purposes of clarity and communication.
Changed from NRC to D to avoid confusion over which provisions related to exclusive NRC jurisdiction could be adopted by States.
4 6
i REGULATION SECTION TITLE COMPATIBILITY COMMENTS l SECTION CATEGORY i
Special nuclear material scrap D l
l Strategic special nuclear material D This definition may be adopted by an Agreement l State for purposes of clarity and communication.
I Changed from NRC to D to avoid confusion over which provisions related to exclusive NRC jurisdiction could be adopted by States.
Transient shipment D This definition may be adopted by an Agreement State for purposes of clarity and communication.
Changed from NRC to D to avoid confusion over which provisions related to exclusive NRC jurisdiction could be adopted by States.
United States (D] This definition also appears in 10 CFR 30.4. For purposes of compatibility, the language of the Part 30 definition should be used where it is assigned to Compatibility Category D. Changed from NRC to D to avoid confusion over which provisions related to exclusive NRC jurisdiction could be adopted by States.
Uranium enrichment facility [D] This definition also appears in 10 CFR 150.3 (m).
For purposes of compatibility, the language of the Part 150 definition should be used where it is assigned to Compatibility Category D. Changed from NRC to D to avoid confusion over which provisions related to exclusive NRC jurisdiction could be adopted by States.
S70.5 Communications D .
5
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION ' CATEGORY S70.6 Interpretations D S70.7 Employee protection D s70.8 information collection D requirements; OMB approval S70.9 Completeness and accuracy of D information
$70.10 Deliberate misconduct C The Commission determined in response to SECY-97-156 that Agreement States should adopt the essential objectives of this provision. If deliberate misconduct and wrongdoing issues involving Agreement State licensees were not ,
pursued and closed by Agreement StAss, then a potential gap may be created between NRC and Agreement State programs..
570.11 Persons using special nuclear B material under certain DOE and NRC contracts
$70.12 Carriers B
$70.13 Department of Defense NRC i
S70.13a Foreign military aircraft NRC 570.14 Specific exemption D 6
i
REGULATION - SECTION TITLE CO*RPATIBILITY CORARAENTS SECTION ~ CATEGORY 570.18 Types oflicenses C State may adopt a single provision that incorporates those of this paragraph and those of 30.31 and 40.20(a). Changed to be consistent with 30.31.
$70.19 General license for calibration or- 'C _
reference sources -
f70.20 Generallicense to own special C nuclear material 970.20a Generallicense to possess NRC special nuclear material for transport
$70.20b Generallicense for carriers of NRC transient shipments of formula quantities of strategic special nuclear material, special nuclear material of moderate strategic significance, special nuclear material of low strategic significance, and irradiated reactor fuel 7
REGULATION SECTION TITLE COMPATIBILITY. COMMENTS SECTION CATEGORY
$70.21 Filing D - paragraphs (a)(2), Paragraphs (a)(2), (a)(3), (b) and (d) did not meet .
(a)(3), (b), (d) (e) the compatibility or H&S criteria. In addition, they were changed to be consistent with similar NRC - paragraphs sections in Parts 30 and 40.
(a)(1), (c), (f), (g), and (h) Paragraph (a)(1) was changed to NRC because it deals with an area that can not be relinquished to the Agreement States.
@70.22 Contents of application D - paragraphs (a), (d) and (e)
NRC - paragraphs (b),
(c), (f), (g), (h), (i), (j),
(k), (I), (m), and (n)
@70.23 Requirements for the approval of D - paragraphs (a)(1), Paragraphs (a)(2), (a)(3), and (a)(4) were applications and (a)(5) changed because they have particular health and safety significance and to be consistent with 10 D/H&S - paragraphs CFR 30.33 and 40.32.
(a)(2), (a)(3), and (a)(4)
Paragraph (a)(6) was changed to NRC because it NRC - paragraphs addresses and refers to area that cannot be (a)(6), (a)(7), (a)(8), relinquished to Agreement States.
(a)(9), (a)(10), (a)(11),
and (a)(12) and (b) Paragraph (b) was added because it was omitted from the earlier charts.
570.23a Hearing requ' red for uranium NRC enrichment facility 8
f REGULATION SECTIOF TITLE COMPATIBILITY COMMENTS SECTION CATEGORY S70.24 Critically accident requirements NRC 570.25 Financial assurance and D- except States have the flexibility to specify different dollar recordkeeping for D/H&S - paragraphs amounts based on jurisdiction and local decommissioning (a), (b), and (d) conditions. I 970.31 Issuance of license D ,
570.32 Conditions of licenses C - paragraphs (a)(2) The essential objective (s) of paragraphs (a)(3 )and (a)(8) (a) (2), (a)(3) and (a)(8) should be adopted by D - paragraphs (b)(2) Agreement States because of the reciprocal and (b)(5) recognition of licenses, transboundary effects in transferring material through multiple jurisdictions D/H&S - paragraph and to avoid conflicts and confusion in regulation (a)(9) of agreement material on a nationwide basis.
Tnis section was also changed for consistency NRC - paragraphs with similar provisions in 10 CFR 40.41 and 30.
(a)(1), (a)(4), (a)(5), 34.
(a)(6), (a)(7), '
(b)(1),(b)(3), b)(4),(c), Paragraph (a)(9) is designated "H&S" because (d), (e), (f), (g), (h), (i), the notification of bankruptcy will alert agencies to (j) and (k) the possibility of abandonment of licensed facilities at which there is potential for exposure in excess of Part 20 limits.
S70.33 Renewal oflicenses D S70.34 Amendment of licenses D 9
REGULATION SECTION TITLE COMPAT.BILITY COMMENTS SECTION CATEGORY.
S70.35 Commission action on D applications to renew or amend
$70.36 Inalienability oflicenses C 570.37 Disclaimer of warranties NRC
$70.38 Expiration and termination of D- paragraphs (a), (b),
licenses and decommissioning of and (k)(4) sites and separate buildings or outdoor areas D/H&S - paragraphs (c), (d), (e), (f) , (g),
(h),(i), (j) and (k)(1), (2) and (3)
S70.39 Specific licenses for the C l l
manufacture or initial transfer of calibration sources 570.40 Ineligibility of certain applicants NRC This section was added by 62 FR 6669, Feb.12, 1997.
S70.41 Authorized use of special nuclear C The essential objective (s) of this provision should material be adopted by Agreement States because of the reciprocal recognition of licenses, transboundary effects in transferring material through multiple jurisdictions and to avoid conflicts and confusion in regulation of agreement material on a nationwide basis. In addition, the designation was changed to be cons 5 tent with 10 CFR 40.41 and 30.34.
10
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY
_ $70.42 - Transfer of special nuclear. C, except paragraph The designation was changed from *B" to "C" matenal (b)(6) is NRC' because the transboundary implicahons did not raise to those of a being direct and significant and to be consistent with 10 CFR 30.41.
$70.44 Creditor regulations NRC 570.50 Reporting requirements C - paragraphs (a), (b) and (c), except D - paragraph (c)(3)'.
570.51 Material balance, inventory, and C - paragraphs (a) and This requirement differs from the equivalent Part records requirements (b) 30 requirement in that a physical inventory of -
SNM is included This should apply to Agreement NRC - paragraphs (c), State licensees so that a gap is not created in the (d) and (e) nationwide regulation of this class of materials.
970.52 Reports of accidental critically or NRC loss or theft or attempted theft of special nuclear material f70.53 Material status reports NRC
$70.54 Nuclear material transfer reports NRC 970.55 Inspections NRC, except (a) and Paragraphs (a) and (b) apply to Agreement State (b) are D authority and was changed to be consistent with 10 CFR 30.52.
11
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY
$70.56 Tests NRC, except (a) and Paragraphs (a) and (b) apply to Agreement State '
(b) are D authority and was changed to be consistent with 10 CFR 30.53.
S70.57 Measurement control program for NRC special nuclear material accounting and control S70.58 Fundamental nuclear material NRC controls -
570.59 Effluent monitoring reporting NRC, requirements Q70.61 ' Modification and revocation of D licenses
$70.62 Suspension and operation in war NRC or national emergency
$70.71 Violations D 5
$70.72 Criminal penalties D i
12
Part 71 - PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL REGULATION SECTION COMPATIBILITY COMMENTS SECTION TITLE CATEGORY S7
1.0 Purpose and Scope
D S71.1 Communications and Records D S71.2 Interpretations D
$71.3. Requirements for license D
$71.4 Definitions A, B Carrier B i
Certificate holder D This term is not used in any section requiring Agreement State adoption.
Close reflection by water D This definition may be adopted by an Agreement State for purposes of clarity and communication.
Changed from NRC to D to avoid confusion over which provisions related to exclusive NRC jurisdiction could be adopted by States.
Containment System D This term is not used in any section requiring Agreement State adoption. ,
Conveyance D This term is not used in any section requiring Agreement State adoption.
Exclusive use B Fissile material B
REGULATION SECTION COMPATIBILITY COMMENTS SECTION TITLE CATEGORY Licensed material [D] This definition also appears in 10 CFR 20.1003.
For purposes of compatibility, the language of the Part 20 definition should be used and is assigned to Compatibility Category D.
Low Specific Activity (LSA) material B Low toxicity alpha emitters B Maximum normal operating B pressure Natural thorium B Normal form radioactive material B Optimum interspersed hydrogenous D This definition may be adopted by an Agreement moderation State for purposes of clarity and communication.
Changed from NRC to D to avoid confusion over which provisions related to exclusive NRC jurisdiction could be adopted by States.
Package B Fissile material package B Type B package B Packaging B Special form radioactive material B Specific activity B State D 2
REGULATION SECTION COMPATIBILITY COMMENTS SECTION TITLE CATEGORY Surface Contaminated Object B (SCO)
Transport Index B Type A quantity B Type B quantity B Natural Uranium B Depleted Uranium B Enriched Uranium B 671.5 Transportation of Licensed Material B 971.6 Information collection requirements: D .
OMB approval
$71.7 Completeness and accuracy of D Information S71.8 Specific exemptions D S71.9 Exemption for physicians D
_ S71.10 Exemptions for low level material B
$71.12 General license: NRC-approved B packaae t
3
REGULATION SECTION COMPATIBILITY COMMENTS SECTION TITLE CATEGORY 571.13. Previously approved package B - paragraphs (a) Paragraphs (c) and (d) address transportation and (b) package approvals areas reserved to the NRC NRC - paragraphs (c) and (d)
Q71.14 General license: DOT specif. cation B container material 571.16 Generallicense: Use of foreign B approved package 971.18 General license: Fissile material, D This provision is not required for purposes of limited quantity of package compatibility because the transportation of these packages in Agreement States is already covered under existing Department of Transportation (DOT) regulations.
S71.20 Generallicense: Fissile material, D This provision is not required for purposes of limited moderator per package compatibility because the transportation of these packages in Agreement States is already covered under existing Department of Transportation (DOT) regulations.
571.22 General license: Fissile material, D This provision is not required for purposes of limited quantity, Controlled compatibility because the transportation of these Shipment packages in Agreement States is already covered under existing Department of Transportation (DOT) regulations.
S71.24 General license: Fissile material, NRC limited moderator, controlled shipment 4
l:
REGULATION SECTION COMPATIBILITY COMMENTS SECTION ' TITLE CATEGORY 671.31 Contents of Application NRC 71.33. Package description NRC 671.35 Package evaluation NRC 71.37 Quality Assurance NRC 71.38 Renewal of a certificate of NRC This section was inadvertently omitted from the compliance or quality assurance original tables.
program approval
$71.39 Requirements for additional NRC information 671.41 Demonstration of Compliance NRC 71.43 General Standards for all packages NRC ,
71.45 Lifting and tie-down Standards for NRC all packages
@71.47 Extemal radiation Standards for all NRC *
- packages
$71.51 Additional Requirements for Type B NRC packages ;
S71.52 Exemption for low-specific-activity NRC (LSA) packages ;
71.53 Fissile material exemptions NRC ;
$71.55 General Requirements for fissile NRC material packaaes 5
REGULAllON SECTION COMPATIBILITY COMMENTS :
SECTION TITLE CATEGORY 671.57 Reserved 971.59 Standards for arrays of fissile NRC ,
material packages
$71.61 Special requirements for irradiated NRC nuclear fuel shipments
$71.63 Special requirements for plutonium NRC shipments
@71.64 Special requirements for NRC plutonium air shipments 671.65 Additional Requirements NRC 671.71 Normal conditions of transput NRC 71.73 Hypothetical accident conditions NRC
$71.74 Accident conditions for air transport NRC of plutonium :
971.75 Qualification of special form NRC radioactive material -
71.77 Qualification of LSA-Ill material NRC _
671.81 Applicability of operating controls B
$71.83 Assumptions as to unknown NRC properties !
71.85 Preliminary determinations B 471.87 Routine determinations B 6
REGULATION .SECTION COREPATIBILITY CORRRIENTS '
SECTION TITLE CATEGORY. ;
$71.88 Air Transportation of plutonium B 571.89 Opening instructions B
$71.91 Records D 71.93. Inspection and tests D ,
. i
$71.95 ' Reports D ,
$71.97 Advance notification of shipment of B ,
irradiated reactor fuel and nuclear waste f71.99 Violations D
, ' G71.100 Criminal penalties D 71.101 Quality assurance requirements D '
G71.103 Quality assurance organization D i i
71.105 Quality assurance program D f71.107 Package design control D
$71.109 Procurement document control D i
71.111 instructions, procedures, and D
, drawings
+ ,
f71.113 Db.2 ment control D
$71.115 Contror of.nurchased material, D equipment. ,siservices 7
4
REGULATION SECTION COMPATIBILITY COMMENTS SECTION TITLE CATEGORY S71.117 Identification and control of D materials, parts, and components 671.119 Control of special processes D 671.121 Intemalinspection ' D
-671.123 Test control D '
$71.125 Control of measuring and test D equipment S71.127 Handling, storage, and shipping D control S71.129 Inspection, test, and operating D status
$71.131 Nonconforming materials, parts, or D components 71.133 Corrective action D 671.135 Quality assurance records D Q71.137 Audits D _
Appendix A ' Determination of A1 and A2 B ;
8
Part 150 - EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 REGULATION SECTION TITLE COMPATIBILITY COM;4ENTS SECTION CATEGORY l t
150.1 Purpose D
$150.2 Scope D i
f150.3 Definitions 6150.3(a) Act D 9150.3(b) Agreement State B Definition has significant nationwide and transboundary implications.
6150.3(c) Byproduct Material A i 150.3(d) Commission D 6150.3(e) Govemment Agency D 6150.3(f) Offshore Waters B Essential to the reciprocity provisions in S150.20
$150.3(g) Person C S150.3(h) Production facility D Such facilities are outside Agreement State jurisdiction; however, if State chooses to define the ,
term then the definition should be essentially identical. This definition may be adopted by an Agreement State for purposes of clarity and communication. Changed from NRC to D to avoid confusion over which provisions related to exclusive NRC jurisdiction could be adopted by States 6150.3(i) Source material A j c
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY 6150.3(j) Special nuclear material A S150.3(k) State D S150.3(1) Utilization facility D Such facilities are outside Agreement State jurisdiction; however, if State chooses to define the term then the definition should be essentially identical. This definition may be adopted by an Agreement State for purposes of clarity and communication. Changed from NRC to D to avoid confusion over which provisions related to exclusive NRC jurisdiction could be adopted by States
$150.3(m) Uranium enrichment facility D Such facilities are outside Agreement State jurisdiction; however, if State chooses to define the term then the definition should be essentially identical. This definition may be adopted by an Agreement State for purposes of clarity and communication. Changed from NRC to D to avoid confusion over which provisions related to exclusive NRC jurisdiction could be adopted by States 150.4 Communications D 6150.5 Interpretations D S150.7 Persons in offshore waters NRC not exempt
@150.8 Information collection D requirements: OMB approval 2
i
_ - = _ _ _ _ _ _ _ _ _ .
REGULATION SECTION TITLE COMPATIBILITY COMMENTS SECTION CATEGORY
$150.10 Persons exempt NRC Exemption addresses discontinuance of NRC authority in an Agreement State
@150.11 Critical mass B Defines scope of authority that NRC can relinquish to States for special nuclear materials. This must be identical from State to State and therefore has significant and direct transboundary implications.
@150.14 Commission regulatory NRC Provision addresses continuing NRC authority over authority for physical special nuclear material.
protection S150.15 Persons not exempt NRC Provision addresses continuing NRC authority over certain activities in Agreement States.
S150.15a Continued Commission NRC Provision addresses continuing NRC authority over authority pertaining to certain activities in Agreement States.
byproduct material
@150.16 Submission to Commission NRC Although an issue within NRC exclusive jurisdiction, of nuclear material transfer States should adopt some method to advise their reports licensees of these NRC requirements.
150.17 Submission to Commission NRC Although an issue within NRC exclusive jurisdiction, of source material reports States should adopt some method to advise their licensees of these NRC requirements.
9150.17a Compliance with NRC requirements of US/lAEA safeguards agreement 3
, - - ~ . . . . .
w"-
I
- REGULATION ' SECTION TITLE COMPATIBILITY COMMENTS '
. SECTION CATEGORY-
$150.19 Submission to Commission- NRC Although an issue within NRC exclusive jurisdiction; of tritium reports States should adopt some method to advise their
~
licensees of these NRC requirements.
- $150.20 ; Recognition of Agreement C - paragraphs (a) Provisions in (a) and (b) are important for coherent
- State licenses and (b) . regulation of agreement material on a national basis.
The Agreement State should adopt these NRC - paragraphs requirements so that the State reciprocally recognizes (c) and (d) licenses issued by other Agreement States and NRC within its jurisdiction, including provisions for notifying the regulatory agency when work is to be performed unde reciprocity. Any fee provisions are CompetiFuty Category D. Provisions in (c) & (d) relate to NRC authority to regulate activities in offshore waters.
$150.21 s. Transportation of special .NRC Provision addresses continuing NRC authority over nuclear material by aircraft activities in Agreement States
$150.30 Violations D
$150.31 Requirements for C - States with Agreement State regulation authority to regulate of byproduct material stranium mill activities (11e.2 byproduct material) 1 D - States without authority 4
S T
N E
M M
O C
t e )
l Y la a t u
u ir T
I h g 2. t e o e h L
I it rl ea it B Y R w l oi 1 1
m w 5 I
TO st ey m( s tc s ey A u P G aime t t t t r
uid ai r E t it o t MT Soi h nvr t at p Soh OA i
- t ur cy u CC Cauab Da D t
r c E o du L no or T it p I
T ay s N mb ic O ao lc f
lt a
e cen n I
T r e C r p E fonla l S a a s ei r t i n
dnitne m u aa i r
Fmm C N
O N I
TO
- AI L T UCE 2
3 3
3 G S 0 0 E 5 5 R 1 1 S 6