ML20198P898

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Discusses Review of Draft Revisions to 30 TAC 39,305 & 336 Submitted w/971114 Ltr from Rogers.Regulations Reviewed by Comparison to Equivalent NRC Regulations in 10CFR20 Sections 20.1003,20.1009,20.1101 & 20.1401-1406
ML20198P898
Person / Time
Issue date: 01/14/1998
From: Lohaus P
NRC OFFICE OF STATE PROGRAMS (OSP)
To: Vail K
TEXAS, STATE OF
Shared Package
ML20198P903 List:
References
NUDOCS 9801220287
Download: ML20198P898 (5)


Text

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[ Ms. Kathy Vaill . . _ _ . d

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. - Underground injection Control and' .:

. Radioactive Waste Section Texas Natural Resource Conservation : '.

. Commission, MC131 -  :

  • D P.O. Box 13087 u JAustin,-TX 78711-3087 - d o

SUBJECT:

' PROPOSED REVISIONS TO 30 TAC 39,305, AND 336 d

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Dear Ms. Vail:

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As requested, we have reviewed the ' draft revisions to 30 TAC 39, 305, and 336 submitted with -  ;

, ~ Ms. Rogen,' letter of November 14,1997. The regulations were reviewed by comparison to the j

, equivalent NRC regulations in 10 CFR Part 20 sectior,2 20.1003,20.1009,20.1101, and : j l 20.1401-1406. We limited our review to the four proposed changes listed in Ms. Regers' letter -

f and within those changes to those sections required for compatibility or health and safety.

? As a result of our review we have no comments. Under our current procedure,- a finding that a

State regulation meets the compatibility criteria of the equivalent NRC regulation may only be -

modo based on a review of the final State _ regulation. However, we have determined that if your  !

r- proposed regulations were adopted without significant change, they would meet the :

compr'.ibility criteria as indicated in the OSP Intemal Procedure B 7.

c 1We request that when the proposed regulations are adopted and published as final regulations, E  : a copy of the "as published" regulations be provided to us for review. As requested in our All I

. . .  : Agreement States Letter SP-96-027, "Rammet to Hiohhaht Channes to Aareement Stata 4 li ' Ba9WlatinDR.SW1 * (March 1,1998), please highlight the

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7 . final changes and send one copy in a computer readable format, if possible.

e We note that 'n Appendix G. PAcceptable Surface Contamination Levels *, of TAC 336.364, the t i levels indicated for transuranics, Ra 226, Ra-228, Th-230, Th-228, Pa-231, Ac-227,1-125, and .

$ 1 129, are a. factor of ten less restrictive than those provided in Table 1 of NRC's Regulatory -

Q p Guide 1.86, ?To"mination of Operating Licenses for Nuclear Reactors." While this is not a yg i matter of compatibility at this time, if a future rulemaking were to incorporate an appropriate m,

revision to Table 1, an NRC and Agreement State evaluation would be necessary to determine i y whe  ;

Pd roc istions .ther ,contamin_ation pursuant to the Policy levels Statement should on Adequacybe incorporates in equivalent and Compatibility of Agreement Agreement State1

by - St.te Programs. >

MV C;t if you have any questions regarding the compatibility criteria or the NRC regulations used in the g y L - review, please contact me at (301) 415-2326 or Tom O'Brien of my staff at (301) 415-2308 or hw INTERNET:t TJO@NRC. GOV. ~_

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r = Sincerely,- Signed E o4 3,, oo0 0]; '. Paul H. Lohaus. Deputy Director f

  • isp kW m.  : N e - Office of State Programs

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  • See Previous Concurrence. .

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NAME+ TJO'Brien:nb:kk - e PHLohaus = FCameron' RLBa R DATE .12/30/97 * * -

12/31/97

  • 01/12/98 *' 01/. /f-/98 c .

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d Ms. Kathy Vail Underground injectior ^.;ontrol and Radioactive Waste Section Texas Natural Resource Conservation Commission P.O. Box 13087. MC131 Austin, TX 78711 3087

SUBJECT:

PROPOSED REVISIONS TO 30 TAC 39,305, AND 336

Dear Ms. Vail:

As requested, we have reviewed the draft revisions to 30 TAC 39, 5, and 336 submitted with Ms. Rogers' letter of November 14,1997. The regulatio is were viewed by comparison to the equivalent NRC regulations in 10 CFR Part 20 sections 20.100 ,20.1009,20.1101, and 20.1401-1406. We limited our review to the four proposed c nges listed in Ms. Rogers' letter and within those changes to those sections required for co patibility or health and safety.

As a result of our review we have no comments. Unde ur current procedure, a finding that a State regulation meets the compatibility criteria of the quivalent NRC regulation may only be mcde based on a review of the final State regulatio However, we have determined that if your proposed regulations were adopted without signif nt change, they would meet the compatibility criteria as indicated in the OSP Int al Procedure B.7.

We request that when the proposed regulat' ns are adopted and published as final regulations, a copy of the *as published" regulations provided to us for review. As requested in our All Agreement States Letter SP-96-027,"R,e6uest to Highlicht Chances to Agreement State Eggulations Submitted to NRC for Corneatibility Review" (March 1,1996), please highlight the final char.ges and send one copy in computer readable format, if possible.

If you have any questions regar g the compatibility criteria or the NRC regulations used in the review, please contact me at ( 1) 415-2326 or Tom O'Brien of my staff at (201) 415-2308 or INTERNET: TJO@NRC.GO .

Sincerely, Paul H. Lohaus, Deputy Director

/ Office ef State Programs Distrib on:

DlR 13# (7S308) DCD (SP03)

SDrpggitis PDR (YES/)

JHMyers, ASPO Texas State File DOCUMENT NAME: G:\TJO\ TEXAS.LTR

  • See Previous Concurrence, m.c.w. cm orvs.ao_cuni.nunmc m vi. net c ce-ew.nenmenma. wm enchm.nanciow. r no em OFFICE OSP l OSP:DD l LOGC OSP:D l NAME TJO'Brien:nb PHLohaus FCameron / RLBangart DATE , 12/30/97
  • 12/31/97
  • l 01/l S98 01/ /98 i

OSP FILE CODE: SP-AG

Ms. Kathy Vail Underground Injection Control and Radioactive Waste Section Texas Natural Resource Conservation Commission P.O. Box 13087 - MC131 Austin, TX 78711 3087

SUBJECT:

PROPOSED REVIE0NS TO 30 TAC 39,305, AND 336

Dear Ms. Vail:

As requested, we have reviewed the draft revisions to 30 TAC 3 s05, and 336 submitted with Ms. Rogers' letter of November 14,1997. The regulations eviewed by comparison to the equivalent NRC regulations in 10 CFR Part 20 sections 20.10 , 20.1009, 20.1101, and 20.1401-1406. We limited our review to the four proposed 'anges listed in Ms. Rogers' letter

- and within those changes to those sections required for c patibility or health and safety.

As a result of our review we have no comments. Un er our current procedure, a finding that a State regulation meets the compatibility criteria of t equivalent NRC reguktion may only be made based on a review of the final State regul . However, we have determined that if your 1 proposed regulations were adopted without sig cant change, they would meet the compatibility criteria as indicated in the OSP emal Procedure B.7.

We request that when the proposed regu tions are adopted and published 9s finsi regulations, a copy of the "as published" regulationste provided to us for review. As requested in our All "Meauest to Highlight ChaDaes to Agreement State Agreement Statas Letter Regulations Submitted to NRC for C SP-96-027,dmoatibility Review" (March 1,1996), please highlight the final changes and send one copy)n a computer readable format, if possible.

if you have any questions regar/ ding the compatibility criteria or the NRC regulations used in th review, please contact me at'(301) 415-2326 or Tom O'Brien of my staff at (301) 415-2308 or INTERNET: TJO@NRC.j30V.

/

/

/- Sincerely,

/

/

/ Paul H. Lohaus, Deputy Director Office of State Programs

/

/

Distribution:

DIR RF (7S308) DCD (SP03)

SDroggitis PDR (YES/)

/ JHMycrs, ASPn -

/ Texas State File DOCUMENT NAME: G:\TJO\ TEXAS.LTR .

To r.ca. . con or w. oocum.nt. inac.c. in in. t>ou S Sy[tnout enanmenu.neosu,. r cow we enxnm.nu.neosur. r m con OFFICE < OSP l QS fpp l OSP:D l l l NAME- TJOt,rien:nb PHL'oh dus' RLBangart gDATE 12M/97 12f] /97 / /9 OSP FILE CODE: SP-AG

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t NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. F46H001 .

\ ...., * / January 14, 1998 Ms. Kathy Vall Underground injection Control and Radioactive Waste Section Texas Natural Resource Conservation Commission, MC131 P.O. Box 13087 Austin, TX 78711-3087  :

SUBJECT:

PROPOSED REVISIONS TO 30 TAC 39,305, AND 336

Dear Ms. Vall:

As requested, we have reviewed the draft revi6ns to 30 TAC 39,305, and 336 submitted with Ms. Rogers' letter of November 14.1997. The regulations were reviewed by comparison to the y equivalent NRC regulations in 10 C#R Part 20 sections 20.1003,20.1009,20.1101, and 20.1401 1406. We limited our review to the four propossd changes listed in Ms. Rogers' letter ,

and within those changes to those sections required for ccmpatibility or health and safety.

As a result of our review we have no comments. Under our current procedure, a finding that a State regulation meets the compatibility criteria 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 adapted without significant change, they would meet the compatibility criteria as indicated in the OSP Intemal Procedure B.7.

We request that when the proposed regulations are adopted and published as final regulations, 1 a copy of the "as published" regulations be provided to us for review. As requested in our All Agreement States Letter SP-96-027,"Reauest to Hiohlight Chances to Aareement State Reaulations Submitted to NRC for Comoatibility Review" (March 1,1996), please highlight the final changes and send one copy in a computer readable format, if possible.

We note that in Appendix G," Acceptable Surface Contamination Levels", of TAC 336.364, the levels indicated for transuranics, Ra-226, Ra-228, Th-230, Th-228, Pa-231, Ac-227,1-125, and 1-129, are a factor of ten less restrictive than tnose provided in Table 1 of NRC's Regulatory Guide 1.86," Termination of Operating Licenses for Nuclear Reactors." While this is not a matter of compatibility at this time, if a future rulemaking were to incorporate an appropriate revision to Table 1, an NRC and Agreement State evaluation would be necessary to determine whether contamination levels should be incorporated in equivalent Agreement State regulations, pursuant to the Policy Statement on Adequacy and Compatibility of Agreement State Programs.

If you have any questions regarding the compatibility criteria or the NRC regulations used in the review, please contact me at (301) 415-2326 or Tom O'Brien of my staff at (301) 415-2308 or INTERNET: TJO@NRC. GOV.

rely, [

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Paul H. Lohaus, Deputy Director W

Office of State Progran.s

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DATT- 11/25/97 . ------- MAIL CTRL. - 1997 TASK

..... #. - 7S308 _,,

TASK ....

STARTED - 11/25/97 . .

TASK.)UE - 01/14/98 TASK COMPLETED

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TASK DESCRIPTION - TNRCC REGULATIONS ON PARTS 20 30, 40 AND 70 REQUESTING OFF. - TNRCC REQUESTER - ROGERS WITS - 0 FYP

- N PROG.- TJO PERSON - STAFF LEAD - TJO PROG.

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PROJECT STATUS - . .

TNRCC DUE DATE: 1/14/98 PLANNED ACC. -N LEVEL CODE - 1 i

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