ML20197H799
| ML20197H799 | |
| Person / Time | |
|---|---|
| Issue date: | 12/24/1997 |
| From: | Maupin C NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Bradt C NEW YORK, STATE OF |
| Shared Package | |
| ML20197H805 | List: |
| References | |
| NUDOCS 9712310375 | |
| Download: ML20197H799 (9) | |
Text
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, ***009 g & UNITED STATES
!* } NUCLEAR HEGULATORY COMMISSION WASHINGTON, D.C. 30846 0001
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December 24, 1997 Mr. Clayton J. Bradt, Associate Radiophysicist New York State Department of Labor Division of Safety and Health State Office Building Campus, Bldg.12, Room 134-A Albany, NY 12240
Dear Mr. Bradt:
The Office of State Programs (OSP) has received your November 7,1997 letter responding to OSP's review of the New York State Department of Labor's (NYDOL) Part 20 equivalent regulations. The preliminary results of OSP's review were informally faxed to the State to :
determine if any of the noted incompatible provisions could be resolved before final
, correspondence documenting our commerts was sent to the State. Based on the information that you provided, a number of our proposed comments were not included in our letter to NYDOL. We appreciate your assistance in resolving these issues.
In your letter, you asked what prompted the generation of the comments on NYDOL's 10 CFR Part 20 equivalent regulatfor... Given the significance of the revised 10 CFR Part 20 rule to both the Nuclear Rege!*.y Commission (NRC) and Agreement State programs, NRC undertook a review of all Agreement State final Part 20 equivalent rules for compatibility with 10 CFR Part 20. The review was conducted as a two step process. The first step involved a review by Oak Ridge National Laboratory (ORNL), under contract with NRC, to identify any differences or inconsistencies between 10 CFR Part 20 and each Agreement State equivalent rule. NRC staff first evaluated the ORNL report to determine if any potentially significant health and safety issues were identified that required immediate attention. If there were none, NRC staff then conducted, as resources permitted, a detailed review of the differences and inconsistencies identified by ORNL for compatibil3y and adequacy issues that should be brought to your attention for routine action. These reviews were completed using NYDOL's final regulat ans and the results of the reviews were enclosed with the December 5,1997 letter from Paul Lohaus, Deputy Director, Office of State Programs, to Rita Aldrich. It is OSP's policy to review all final regulations whether or not draft regulations have bee _n previously reviewed.
The December 1993 review (discussed in the January 7,1994 letter from John J. Surmeier, '
/
Acting Assistant Director for State Agreement Programs, OSP, to Rita Aldnch) you mentioned j in your letter was a review of draft regulations. Thus, it was necessary to document our review /
of NYDOL's final regulations.
Additionally, in your letter you requested an explanation of the categories 'A' and "H&S."
These categorios are a part of the results of the Joint NRC-Agreement State Working Group for Development of implementing Procedures for the Final Policy Statement on Adequacy and Compatibility of Agreement State Programs Report dated August 21,1996. This report was distributed to Agreement States and notice of its availability was published in the Federal Reaister on September 19,1996 (61 FR 49357). This report was revised and approved by the Commission by Staff Requirements Memorandum dated June 30,1997. The Working Group's effort generated new compatibility categories. Enclosure 1 describes the new compatibility categories including "A" and "H&S."
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Mr. Clayton Bradt We have two unresolved comments on NYDOL's Part 20 equivalent regulations.- The comments are discussed in Enclosure 2. We have provided our rationale for the two regulations that remain matters of compatibility.
If you have any questions regarding these comments, the compatibility criteria, the NRC regulations used in the review, or the Oak Ridge report, please contact me at (301) 415-2312, INTERNET: CHM @NRC. GOV, or Lance Rakovan at (301) 415 2589, INTERNET:
LJR2@NRC. GOV.
Sincerely,
' fl C(( -.* Gil il n.
Cardelia Maupin, Health Phy.s st Office of State Programs (f
Enclosures:
As stated cc: Rita Aldrich 9
_c Mr. Clayton Bradt - ,
-2. ,
DEC 2 41997 -
--We have two unresolsed comments on NYDOL's Part.20 equivalent regulations. - The comments are discussed in Enclosure 2. We have provided our rationale for the two
, regulations that remain matters of compatibility, if you have any questions regardinh these commenis, the compeiibility criteria, the NRC
- regulations used in the review, or the Oak Ridge report, please contact me at (301) 415-2312, lNTERNET
- CHMONRC, GOV, or Lance Rakovan at (301) 415-258g, INTERNET: -
~
LJR2@NRC. GOV -
Sincerely, OriginalSkined By-RICHARD L BANGART
- ardelia C Maupin, Health Physicist -
Office of State Programs
Enclosures:
As stated
. cc: Rita Aldrich i
Distnbution-
/
DlR RF (7S300)- DCD (SP05)
SDroggitis -
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DWhite, RI-- t PDR-(YES)"
KSchneider - SSalomon NYDOL File . BUsilton
- - Part 20 File - RBlanton -
- DOCUMENT NAME: G:U.JRWNYDOL.DUH *See Prev!ous Concurrence, t u , . e.py onw. e m. me m v. m v . cm .coui = ^i
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OFFICE OSP- [- OfdA{ O$ilf@ l ,OGC l OSPhal' l NAME LJRakovan:nb/gd/nb CFfflMbirt Pdohaus FXCameron RLBan6M)
DATE. 12/09/97' T2/1P/97 12/; 4/97 12/22/97* 12/W/97-
- OSP FILE CODE: SP-A3-20-3, SP-P.'
y
/
,. - Mr. Clayton Bradt We have two unresolved comments on NYDOL's Part 20 equivalent regulations The comments are discussed in Enclosure 2. We have provided our rationale for t two regulations that remain matters of compatibility.
If you have any questions regarding these comments, the compatibility crite a, the NRC regulations used in the review, or the Oak Ridge report, please contact me z t (301) 415-2312.
- INTERNET: CHM @NRC. GOV, or Lance Rakovan at (301) 415-2589, INTERNET:
LJR2@NRC. GOV.
Sincerely, Cardelia Mau n, Health Physicist Office of State Programs
Enclosures:
As stated -
cc: Rita'Aldrich /
/
/
/
DistributiQD:
DIR RF (7S300) DCD (SP05)
SDroggitis /
DWhite, RI / PDR (YES)
KSchneider SSalomon
' NYDOL File - -BUsiltor Part 20 File RBlanton DOCUMENT NAME: G:\LJR\20NYpOL.DUH ,
'S 3 Concurrence.
n r.ce . ew e me. eu w. mee m v. we v cm m en.er44 w. r c we sem.nv. nema. r we c=
OFFICE USP / 06p{ OW40l OGC OSP;D l l l l NAME LJRakovan:nb/gd/nb / CHMMbin PHlohaus FXCameron RLBangart DATE 12/09/97 * / f2/ p '/97 12/ $ /97 12/)Alg7 12/ /97
' OSP FILE CODE: SP-AG-20-3, SP-P-1
/
Mr. Clayton Bradt' ,
-2
~ if you have any questions regarding these comments, the compatibility criteria, the NRC regulations used in the review, or the Oak Ridge report, please contact me at (301) 415-2326 or
-Lance Rakovan of my staff at (301) 415 2589, or INTERNET: LJR2@NRC. GOV.
Sincerely, .
~
Cardelia Maupin, Health Physicist Offk,e of State Programs .
Enclosures:
As stated.
cc: Rita Aldrich Distnbuilon:
DlR RF (7S300) DCD (SP05)
SDroggitis DWhite, RI ~ PDR (YES) -
. KSchneider - - SSalomon NYDOL File BUsilton Part 20 File f,RBlanton '
DOCLAENTGAME: G:\LJR\20NYDOL.DUH i T: rece6ve a copy of tiu document,indkate in *he bom "C" = Copy wecut attachment %nclosure "E" = Copy we attachment /em:foeure "N" a No cecy OFFICE OSP 3,1 OSP- 1 OSP:DD l OGC l OSP D l -N l NAME- LJRakovadhb CHMaupin PHLohaus FXCameron RLBangart y DATE-- -12/9/97 12/ - /97 - 12/ = /97 = 12/ /97 - 12/ - /97 OSP FlLE CODE: SP-AG-20-3, SP-P-1
a Compatibihty Category and H&S Identification for NRC Regulations Key to categories: A= Basic radiation protection standard or related -
definitions, signs, labels or terms necessary for a common understanding of radiation protection principles. The State program element should be '
essentially identical to that of NRC.
B= Program element with significant direct transboundary implications. The State program element should be essentially identical to that of NRC.
C= Program element, the essential objectives of which !
should be adopted by the State to avoid conflicts, !
duplications or gaps. The manner in which the essential objectives are addressed need not be the same as NRC provided the essential objectives are met.
D= Not required for purposes of compatibility.
NRC = Not required for purposes of compatibility. These are NRC program element areas of regulation that cannot be relinquished to Agreement States pursuant to the AEA or provisions of Title 10 of the Code of Federal Regulations. The State should not l
adopt these program elements.
H&S = Program elements identified as H&S are not required for purposes of compatibility; however, they do have particular health and safety significance. The State should adopt the essential l- objectives of such program elements in order to maintain an adequate program.
ENCLOSURE 1
y __ _ . _ . _ _ _ . ._-__. ___ _ . _ _ ._ - . _ _. _ . _ _ _ _ _ _ . . . . .
t NRC Comments on the New York Department of Labor Rules and Regulations of the State of New York,
,lonizing Radiation Protection,12 NYCRR Part 38 Rquired for Compatibility or Health and Safety _
- State- NRC-Category Regulaten Regulation Sub>ct and Comments ;
2A- - 38.3 ^ 20.1003 Definition of" Unrestricted Area."
. This definition has te,n designated Compatibility'.
Category A (See Endosure 1). Since the NYDOL'-
regulations do not define " unrestricted area," tne ,
compatibility Category A designation is not satisfied. This comment was provously made in the January 7,1994 . ,
letter from John J. Surmeier, Acting Assistant Director for
- State' Agreement Programs, Office of State Programs,~ to Rita Aldrich.- l A '38.18(a) 20.1201 Occupational dose limits for adults _
This comment has been removed from our letter, i
' A' 38.18(h) 20.1208 Dcse to an embryo #etus.
This comment has been removed from our letter. .
H&S 38.22(a-e), (g) 20.1501 Surveys and monitoring - general. .
These comments have been removed from our letter, ,
H&S 38.12(a)- 20.1801 Security of stored sources of radiation.
This comment has been removed from our letter. -
H&S 38.12(a) 20.1802 Control of material not in storage.
This comment has been removed from our letter.
A 20.1901(c) Caution signs.
This comment has bcan removed from our letter. ,
. A- - 38.25(c)(4) - 20.1905 Exceptions to labeling requirements.
The Department has indicated that appropriate changes will be made with your next code revision.
- ENCLOSURE 2 i
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Mat}buc, W ROUTING AND TRANSMllTAL SLIP I DATE: December 15,1997 CONCURilENCE REQUESTED ff )
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LETTER TO: MR. CLAYTON J. BRADT, ASSOCIATE RAD 10 PHYSICIST /
NEW YORK STATE DEPARTMENT OF LABOR FROM: CARDELIA MAUPIN OFFICE OF STATE PROGRAMS
SUBJECT:
LETTER RESPONDING TO OSP'S REVIEW OF TIIE NEW YORK STATE DEPARTMENT OF LABOR'S PART 20 REGS i
YOUR COMMENTS / CONCURRENCE ARE REOUESTED i BY C.O.B. MONDAY. DECEMHER 19.1997 ****
OSP CONTACT: CARDELIA MAUPIN,415 2312 PLEASE CALL KATHALEEN KERR (4154340) FOR PICK UP.
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TASK # - 7S?00 DATE- 11/12/97 - MAIL CTRL. - 1997
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TASK DESCRIPTION - LTR. TO C. MAUPIN FROM C. BRADT, NYDOL - RE FART 20 COMMENTS REQUESTING OFF. - NYDOL REQUESTER - BRAD ~ WITS - 0 FYP
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