ML20154E581

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Responds to Request to Examine Rulemakings in Progress Which May Be Published as Final Rules Between 981031 & Late Spring 1999.Since No U or Th Recovery Facilities in Ohio,It Would Not Be Necessary for Ohio to Adopt Rule as Prior Condition
ML20154E581
Person / Time
Issue date: 09/24/1998
From: Bangart R
NRC OFFICE OF STATE PROGRAMS (OSP)
To: Suppes R
OHIO, STATE OF
References
NUDOCS 9810080236
Download: ML20154E581 (5)


Text

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Mr. Rogtr L. Suppes, Chitf SEP 2 41998 Bureau of Radiation Protection Ohio Department of Health 35 East Chestnut Street Columbus, OH 43215

Dear Mr. Suppes:

In response to your request, NRC staff has examined the NRC rulemakings in progress which may be published as final rules between October 31,1998 (the effective date for your adoption by reference of NRC rules), and late spring of 1999, when the Agreement is anticipated to be in effect. Only rules which would fallinto categories A, B, C, or category D with Health and Safety significance were considered. Based on these criteria, one proposed NRC rule was identified.

The rulemaking involves the adoption of radiologic criteria for the termination of uranium and thorium recovery facilities in 10 CFR Part 20, Subpart E (see 62 FR 39058, July 21,1997).

This rulemaking will be a matter of compatibility for Agreement States which exercise regulatory authority over byproduct material as defined in section 11.e(2). However, since there are no uranium or thorium recovery facilities in Ohio, it will not be necessary for Ohio to adopt the rule as a prior condition to completing the Agreement, even if the NRC rule becomes effective before the Agreement.

If you have any questions, please contact me at (301) 415-3340 or Mr. Richard Blanton of my staff at (301) 415-2322, or by e-mail: RLB@ NRC. GOV.

Sincerely, OriginalSigned By:

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Richard L. Bangart, Director i Office of State Programs 1

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September 24, 1998 Mr. Roger L. Suppes, Chief Bureau of Radiation Protection Ohio Department of Health 35 East Chestnut Street Columbus,OH 43215

Dear Mr. Suppes:

' In response to your request, NRC staff has examined the NRC rutemakings in progress which may be published as final rules between October 31,1998 (the effective date for your adoption by reference of NRC rules), and late spring of 1999, when the Agreement is anticipated to be in effect. Only rules which would fall into categories A, B, C, or category D with Health and Safety significance were considered. Based on these criteria, one proposed NRC rule was identified.

The rulemaking involves the adoption of radiologic cdtcria for the termination of uranium and thorium recovery facilities in 10 CFR Part 20, Subpart E (see 62 FR 39058, July 21,1997).

This rulemaking will be a matter of compatibility for Agreement States which exercise regulatory authority over byproduct material as defined in section 11.e(2). However, since there are no uranium or thorium recovery facilities in Ohio, it will not be necessary for Ohio to adopt the rule as a prior condition to completing the Agreement, even if the NRC rule becomes effective before the Agreement.

If you have any questions, please contact me at (301) 415-3340 or Mr. Richard Blanton of my staff at (301) 415-2322, or by e-mail: RLB @ NRC. GOV.

cerely, V

Richard L. Bangart, Director WVpN Office of State Programs i

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Mr. Roger L. Suppes, Chief Bureau of Radiation Protection Ohio Department of Health 35 East Chestnut Street Columbus, OH 43215

Dear Mr. Suppes:

In response to your request, NRC staff has examined t e rulemakings in progress which may be completed between approximately October 1,1998 and the approximate time the Agreement becomes effective. Only rules which woulp fallinto categories A, B, C, or category D with Health and Safety significance were considere . Based on this examinat!on, two rules were identified.

The first rulemaking involves administrative changa related to the manifesting of shipments of low level radioactive waste. Prior to March 1,1998,f licensees could provide manifests under either 10 CFR Part 20 Appendix F or Appendix G. Effective March 1,1998, only Appendix G may be used. The current rulemaking will remove ppendix F and make conforming changes.

Although the Uniform Manifest in Appendix G is a m[atter of compatibility fo States, the administrative changes in RM #522 do/not involve changes to the essential elements of the rule. Therefore, it will not be nec ssary for Ohio to adopt the changes as a prior condition to completing the Agreement.

The second rulemaking involves adoption of radi,ologic criteria for the termination of Uranium and Thorium recovery facilities in 10 CFR Part 20, Subpart E. This rulemaking will be a matter of compatibility for Agreement States which exe,rcise regulatory authority over byproduct material as defined in section 11.e(2). However, since there are no such facilities in Ohio, it will not be necessary for Ohio to adopt the rule as a prior condition to completing the Agreement.

l If you have any questions, please contact me ,at (301) 415-3340 or Mr. Richard Blanton of my staff at (301) 415 2322, or by e-mail: RLB@NRC. GOV.

/ Sincerely, r

/'/ Richard L. Bangart, Director Office of State Programs I

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I Mr. Roger L. Suppes, Chief Bureau of Radiation Protection Ohio Department of Health 35 East Chestnut Street Columbus, OH 43215

Dear Mr. Suppes:

g ( q Q (g N ha ( (V(-q in response to r request, NRC staff has examined the rulemakings in progress which may be4empleted etween approximately October 1,1998, and the approximate time the -

. Agreement becomes effective. Only rules which would fall into categories A, B, C, or category D with Health and Safety significance were considered. Based on this examination, two rules were identified.

The first rulemaking involves administrative changes related to the manifesting of shipments of low-level radioactive waste. Prior to March 1,1998, licensees could provide manifests unde either 10 CFR Part 20 Appendix F or Appendix G. Effective March 1,1998, only Appendix G may be used. The current rulemaking will remove Appendix F and make conforming changes.

~ Although the Uniform Manifest in Appendix G is a matter of compatibility for the Agreement States, the administrative changes in P" "522 do not involve changes to the essential elements of the rule. Therefore, it will not be necessary for Ohio to adopt the changes as a prior condition to completing the Agreement.- g g The second rulemaking involves adoption of radiologic criteria for the ter nation of Uranium and Thorium recovery facilities in 10 CFR Part 20, Subpart E. This rulemaking will be a matter of compatibility for Agreement States which exercise regulatory authority over byproduct material as defined in section 11.e(2). However, since there are no such facilities in Ohio, it will not be necessary for Ohio to adopt the rule as a prior condition to completing the Agreement.

If you have any questions, please contact me at (301) 415-3340 or Mr. Richard Blanton of my staff at (301) 415-2322, or by e-mail: RLBONRO. GOV. j Sincerely, ,

l Richard L. Bangart, Director

' Office of State Programs ,

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9 D Mr. Rog:r L. Suppss, Chief Bureau of Radiation Protection Ohio Department of Health 35 East Chestnut Street Columbus, OH 43215

Dear Mr. Suppes:

In response to your request, NRC staff has examined the rui makings in progress which may be completed between approximately October 1,1998, and e approximate time the Agreement becomes effective. Only rules which would falli to categories A, B, C, or category

.D with Health and Safety significance were considered. B ed on this examination, two rules were identified.

The first rulemaking involves administrative changes related to the manifesting of shipments of low-level radioactive waste. Prior to March 1,1998, licenfees could provide manifests under either 10 CFR Part 20 Appendix F or Appendix G. Effect/ve March 1,1998, only Appendix G may be used. The current rulemaking will remove Appe dix F and make cor%rming changes.

Although the Uniform Manifest in Appendix G is a matt of compatibility for the Agreement States, the administrative changes in RM #522 do not i volve changes to the essential elements of the rule. Therefore, it will not be necessary for Ohio to adopt the changes as a prior condition to completing the Agreement.

The second rulemaking involves adoption of radiologic criteria for the termination of Uranium and Thorium recovery facilities in 10 CFR Part 20, Subpart E. This rulemaking will be a matter of compatibility for Agreement States which exercise / regulatory authority over byproduct ,

material as defined in section 11.e(2). However, sirpe there are no such facilities in Ohio, it will not be necessary for Ohio to adopt the rule as a pri r condition to completing the Agreement.

If you have any questions, please contact me at (3,01) 415-3340 or Mr. Richard Blanton of my staff at (301) 415-2322, or by e-mail: RLB@ NRC GOV. 1 Sincerely, Richard L. Bangart, Director Office of State Programs i

Distribution:

DIR RF DCD (SP07)

SDroggitis PDR (YES()

Ohio File DOCUMENT NAME: G:\RLB\ RULES.WPD Ta recehre a copt of this document, Indicate in the box: "C""E" = =]yCopy witf' attachment / enclosure with attachtnent/ enclosure *N' = No copy

-ppP) OSP:bMlj OFFICE l C- OGC l NMSS:D l OSP:D l NAME RLBlathM/gd PHLohaus V FXCameron CPaperiello RLBangart i

DATE D9/n/98 09/)\ /98 / h 09/ /98 09/ /98 09/ /98 OSP FILE CODE: SP-NA-15  ;

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