ML20198H260
| ML20198H260 | |
| Person / Time | |
|---|---|
| Issue date: | 12/16/1998 |
| From: | Lohaus P NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Fletcher R MARYLAND, STATE OF |
| Shared Package | |
| ML20198H267 | List: |
| References | |
| NUDOCS 9812290290 | |
| Download: ML20198H260 (7) | |
Text
DEC 1 6 1398 2 ~ Mr. Roland G. Fletcher, Manager j Radiological Health Program t Maryland Department of the Environment
? 2500 Broening Highway Baltimore, MD 21224
Dear Mr. Fletcher:
As requested, we have reviewed the proposed amendments (Supplement 5) to the Maryland State Regulations for the Control of lonizing Radiation (1994) received by Duncan White of Region I on October 23,1998. The regulations were reviewed by comparison to the equivalent NRC regulations in 10 CFR Parts 19,20,30,34 and 35. We have also discussed our review of the regulations with Ray Manley of your staff on December 7,1998.
As a result of our review, we have three comments that have been identified in the enclosure.
Please note that we have limited our review to regulations required for compatibility and/or health and safety. Under our procedure, a finding that a State regulation meets the compatibility and health and safety categories of the equivalent NRC regulation may only be made based on a review of the final State regulation. However, we have determined that if your proposed regulations were adopted incorporating the comments and without other significant change, they would meet the compatibility and health and safety categories establisned in OSP Internal Procedure B.7.
We request that when the proposed regulations are adopted and published as final regulations, a copy of the "as published
- regulations be provided for our review. As requested in our All Agreement States Letter SP-96-027, "Reauest to Hiahlicht Chanaes to Aareement State
' Reaulations Submitted to the NRC for Comoatibility Review" (March 1,1996), please highlight the final changes and send one copy in a computer readable format, if possible.
If you have any questions regarding the comments, the compatibility and health and safety categories, or any of the NRC regulations used in this review, please contact me or Duncan White, Regional State Agreements Officer, Region I, at (610) 337-5042.
Sincerely, OriginalSigned By:
PAULH.LOHAUS Paul H. Lohaus, Deputy Director Office of State Programs
Enclosure:
As stated i
Distribution:
DlR RF (8S299) DCD (SP05)
I\
SDroggitis BUsilton oS0034
PDR (YES_f NO )
Maryland File DOCUMENT NAME: G:\SNS\MDRADIOL.ADW ee previous concurrence.
To receive a copy of this documsnt, indicate in the box: "C' = Copy without attachment / enclosure "Ey "N* =}og with attachment / enclosure
= No copy OFFICE DNMS/RI E OSP5w5lE OSF f:J bj@ l OGC OSP:Dfll NAME DWhite:nb:kk SSalomon PHLohtuP) FXCameron RLBangar(M DATE 11/17/98* 12/6/98 12/y/98 12/16/98* 12////98 12/8/98* 'Y 9812290290 981216 OSP FILE CODE: SP-AG-14 PDR STPRG ESGMD ,
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% December 16, 1998 Mr. Roland G. Fletcher, Manager Radiological Health Program Maryland Department of the Environment 2500 Broening Highway Baltimore, MD 21224
Dear Mr. Fletcher:
As requested, we have reviewed the proposed amendments (Supplement 5) to the Maryland State Regulations for the Control of lonizing Radiation (1994) received by Duncan White of Region I on October 23,1998. The regulations were reviewed by comparison to the equivalent NRC regulations in 10 CFR Parts 19,20,30,34 and 35. We have also discussed our review of
- the regulations with Ray Manley of your staff on December 7,1998.
As a result of our review, we have three comments that have been identified in the enclosure.
Please note that we have limited our review to regulations required for compatibility and/or health and safety. Under our procedure, a finding that a State regulation meets the compatibility and health and safety categories of the equivalent NRC regulation may only be made based on a review of the final State regulation. However, we have determined that if your proposed regulations were adopted incorporating the comments and without other significant change, they would meet the compatibility and health and safety categories established in OSP Intemal Procedure B.7.
We request that when the proposed regulations are adopted and published as final regulations, a copy of the "as published" regulations be provided for our review. As requested in our All Agreement States Letter SP-96-027,"Reauest to Hiahliaht Chanaes to Aareement State Reaulations Submitted to the NRC for Comoatibility Review" (March 1,1996), please highlight the final changes and send one copy in a computer readable format, if possible, if you have any questions regarding the comments, the compatibility and health and safety categories, or any of the NRC regulations used in this review, please contact me or Duncan White, Regional State Agreements Officer, Region I, at (610) 337-5042.
Sincerely, i
F sul H. Lohaus, Deputy Director
. Office of State Programs
Enclosure:
As stated
1 COMMENTS ON PROPOSED MARYLAND REGULATIONS AGAINST COMPATIBILITY AND HEALTH AND SAFETY CATEGORIES State NRC Category Regulation Regulation Sublect and Comments C E.27(c)(3) 34.27(c)(3) Leak Testing and Replacement of Sealed Sources Second sentence in this section was omitted. As a result, the State regulations in E.27(c)(3) do not meet the compatibility category with respect to testing of sealed sources for leakage when removed from storage. In a parallel requirement, E.27(e) requires that exposure devices removed from storage be tested for DU contamination consistent with 34.27(e).
Consequently, E.27(c)(3) should be amended to incorporate the essential objectives of the text in 10 CFR 34.27(c)(3).
B E.41(a) 34.41(a) Conducting Industrial Radiographic Operations E.41(a) requires that an " additional radiogre&:' e present to observe the operatic 4 anc provide assistance to prevent unauthorized entry while 10 CFR 34.41(a) requires the presence of a qualified individual (i.e. radiographer or radiographer's assistant). Unless E.41(a)is amended, the regulation would not meet the compatibility category of a program element with transboundaryimplications.
B -
Appendix A Radiographer Certification to Part 34 Appendix A ,10 CFR Part 34 (62 FR 28947) was omitted from the State regulation. Unless the missing appc-dix is adopted, the regulation would not meet the compatibility category of a program element with transboundaryimplications.
Mr. Roland G. Fletcher, Manager Radiological Health Program t Maryland Department of the Environment 2500 Broening Highway Baltimore, MD 21224
Dear Mr. Fletcher:
As requested, we have reviewed the proposed amendments (Supplement 5) to the Maryland State Regulations for the Control of lonizing Radiation (1994) received by Duncan White of Region I on October 23,1998. The regulations were reviewed by comparison to the equivalent NRC regulations in 10 CFR Parts 19,20,30,34 and 35/ We have also discussed our review of the regulations with Ray Manley of your staff on December 7,1998.
As a result of our review, we have three comments tha have been identified in the enclosure.
Please note that we have limited our review to regulations required for compatibility and/or health and safety. Under our procedure, a finding that compatibility and health and safety categories uivalent ofNRCtheregulation eqla State regulation may only be meets the made based on a review of the final State regulation.
proposed regulations were adopted incorporating omments and without the clHowever, other significant we have det change, they would meet the compatibility and health and safety categories established in OSP Internal Procedure B.7.
dopted and published as final regulations, We a copyrequest of the "as that when published" the proposed regulations be providedregulations are ,for our review. As requeste Agreement States Letter SP 96-027,"Reauest to Hiahliaht Chanaes to Aareement State Reaulations Submitted to the NRC for Comoatibility' Review" (March 1,1996), please highlight the final changes and send one copy in a computer readable format, if possible.
If you have any questions regarding the comments, the compatibility and health and safety categories, or any of the NRC regulations used in fhis review, please contact me or Duncan White, Regional State Agreements Officer, Region I, at (610) 337-5042.
Sincerely, Paul H. Lohaus, Deputy Director Office of State Programs
Enclosure:
As stated Distribution:
DIR RF (8S299) DCD (SP05)
SDroggitis PDR (YES_f NO )
BUsilton Maryland File DOCUMENT NAME: G:\SNS\MDRADIOL.ADW *See pre' o ncurrence.
T1 receive a copr of thle document, Indicate in the box: *C' = Copy without attachtnent/enclosureVP' = (opy with attscPrnen yer *N* = No copy OFFICE DNMS/RI 6 OSP.5WI E OSFjpj ( O$KI/M OSP:D l NAME DWhite:nb:kk SSalomon PHLoha uM FXGarneron RLBangart DATE 11/17/98* 12/ 5 /98 12/( /98 12/p98 12/ /98 12/8/98*
Mr. Roland G. Fletcher, Manager Radiological Health Program Maryland Department of the Environment 2500 Broening Highway Baltimore, MD 21224
Dear Mr. Fletcher:
As requested, we have reviewed the proposed amendments (S,upplement 5) to the Maryland State Regulations for the Control of lonizing Radiation (1994) received by Duncan White of Region I on October 23,1998. The regulations were reviewed by comparison to the equivalent
- NRC regulations in 10 CFR Parts 19,20,30,34 and 35. We have also discussed our review of the regulations with Ray Manley of your staff on November ]; 1998.
/
As a result of our review, we have four comments that have'been identified in the enclosure.
Please note that we have limited our review to regulationsjequired for compatibility and/or health and safety. Under our procedure, a finding that a State regulation meeb the compatibility and health and safety categories of the equi /alent NRC regulatioi may only be made based on a review of the final State regulation. However, we have determined that if your proposed regulations were adopted incorporating the cop,1ments and without other significant change, they would meet the compatibility and health a d safety categories established in OSP Internal Procedure B.7.
We request that when the proposed regulations are a opted and published as final regulations, a copy of the "as published" regulations be provided fpr our review. As requested in our All Agreement States Letter SP-96-027,"Reauest to Hiohliaht Chanaes to Aareement State Reaulations Submitted to the NRC for Comoatibility Review" (March 1,1996), please highlight the final changes and send one copy in a computerheadable format, if possible.
If you have any questions regarding the comment , the compatibility and health and safety categories, or any of the NRC regulations used in his review, please contact me or Duncan White, Regional State Agreements Officer, Region I, at (610) 337-5042.
Sincerely, Paul H. Lohaus, Deputy Director Office of State Programs
Enclosure:
As stated Distribution:
DIR RF (8S299) DCD (SP05)
SDroggitis PDR (YESJ NO )
BUsilton Maryland File DOCUMENT NAME: G:\SNS\MDRADIOL.ADW *See previous concurrence.
T' receive a cop r of this document, Indicate in the bor: "C" = Copy without attachment / enclosure "E" = Copy with attachment / enclosure
PHLohaus FXCameron RLBangart DATE 11/17/98* 12/ /98 12/ /98 12/ /98 12/ /98 J2,/7$fy / OSP FILE CODE: SP-AG-14
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PDR yes
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DOCUMENT NAME: G:\SNS\MDyDIOL.ADW. RBangart,OSP To veceive a cow of this document, indicate in the llos: "C' = Copy w/o attach /enef *E' = Copy wt :hienr1 "M* Ma OFFICE . DNMS/RI lN, OSP' l OSP/DD OGC l NAlwE DWhite/RSAO / SSalomon ,
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