ML20198S361
| ML20198S361 | |
| Person / Time | |
|---|---|
| Issue date: | 11/06/1997 |
| From: | Lohaus P NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Merges P NEW YORK, STATE OF |
| Shared Package | |
| ML20198S364 | List: |
| References | |
| NUDOCS 9711140030 | |
| Download: ML20198S361 (5) | |
Text
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P:ul J. Merges. Ph.D., Chief HOV 0 61997 i
Bureau of Pesticides and Radiation Division of Solid and Hazardous Material Department of EnvironmentalConservation I
50 Wolf Road, Room 402 Albany, New York 12233-7255
Dear Dr. Merges:
Given the significance of the revised 10 CFR Part 20 rule to both 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 Pa,t 20 and each Agreement State equivalent rule. A copy of the two volume ORNL report, dated November 16,1995, documenting its staff review of the New York State Department of Environmental Conservation 10 CFR Part 20 equivalent rule, is enclosed for your information and use (Enclosure 1). 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 compatibility and adequacy issues that should be brought to your attention for routine action.
The NRC review focused on those provisions of the New York State Department of Environmental Conservation rule that should be adopted in accordance with the new adequacy and compatibility policy statement approved by the Commission by Staff Requirements Memorandum dated June 30,1997 (Enclosure 2 describes the new compatibility categories).
The NRC review concluded that the New York State Department of Environmental Conservation 10 CFR Part 20 ecPivalent rule meets the compatibility and health and safety categories of the new policy.
If you have any questions regarding the compatibility criteria, the NRC regulations used in the review, or the Oak Ridge report, please contact me at (301) 415-2326 or Dr. Stephen N.
Salomon of my staff at (301) 415-2368 or INTERNET: SNS@NRC. GOV.
C3 ta Sincerely, @$gnedBy:
9711140030 971106 PAut.H.t.OHAUS h*j*
PDR STPRQ ESQNY Paul H. Lohaus, Deputy Director PDR Office of State Programs I
!4
Enclosures:
As stated tM Distribution:
' ]f 4 1[] % j h h f
Q> * -
DCD (SP05)-Copies of Enclosure 1 to be DIR RF (7S224) filed in Central Files and PDR only.
g SDroggitis
-a DWhite, RI PDR (YES)
New York DEC File KSchneider Part 20 File (w/o Enclosure 1)
DOCUMENT NAME: G:\\SNS\\NYDECPAR.20
- See Previous Concurrence Ti recobre a copu of tNo document. Indicate in the box: "C" = Copy wthout attachment /endosure 'E"
- Copy wth attachment /endosure "N" a No cooy OFFICE OSP E
OSP l
OSP:DD l OGC l
OSP:QM 1
'NAME SNSalomon:kk/nb CHMaupin PHLohaus FCameron RLBang/ F DATE 09/29/97
- 10/14/97
- 10/17/97*
11/03/97*
11/M/97 OSP FILE CODE: SP-AG-20-4, SP-P-1 j
d
P ul J. Merges, Ph.D., Chief Bureau of Pesticides cnd Radiation Division of Solid and Hazardous Material Department of Environmental Conservation -
50 Wolf Road, Riom 402 -
Albany, New York 12233-7255
Dear Dr. Merges:
Given the significance of the revised 10 CFR Part 20 rule to both N and Agreement State programs, NRC undertook a review of all Agreement State final Pa 20 equivalent rules for compatibility with 10 CFR Part 20. The review was conducted as two step process. The first step involved a review by Oak Ridge National Laboratory (ORN, under contract with NRC, to identify any differences or inconsistencies between 10 CFR P 20 and each Agreement State equivalent rule. A copy of the two volume ORNL report, dat November 16,1995, documenting its staff review of the New York State Departi nt of Environmental Conservation 10 CFR Part 20 equivalent rule, is enclosed for your info ation and use (Enclosure 1). NRC staff first evaluated the ORNL report to determine if any otentially significant health and safety issues were identified that required immediate attentio if there were none, NRC staff then conducted, as resources permitted, a detailed review f the differences and inconsistencies identified by ORNL for compatibility and adequacy I ues that should be brought to your attention for routine action.
The NRC review focused on those provisions of e New York State Department of Environmental Conservation rule that should adopted in accordance with the new adequacy and compatibility policy statement approved b the Commission by Staff Requirements Memorandum dated June 30,1997 (Enclosu e 2 describes the new compatibility categories).
The NRC review concluded that the New Y rk State Department of Environmental Conservation 10 CFR Part 20 equivalent r le meets the compatibility and health and safety categories of the new policy, if you have any questions regarding tp compatibility criteria, the NRC regula+ ions used in the review, or the Oak Ridge report, plepse contact me at (301) 415-2326 or Dr. Stephen N.
Salomon of my staff at (301) 415-2868 or INTERNET: SNS@NRC. GOV.
Sincerely, Paul H. Lohaus, Deputy Director Office of State Programs
Enclosures:
- As stated Distribution:
DIR RF (7S224)
DCD (SPOS)-Copies of Enclosure 1 to be SDroggitis filed in Central Files and PDR only.
DWhite, RI PDR (YES)
New York DE File Part 20 File lo Enclosure 1)
DOCUMENT NAME: G:\\SNS\\NYDECPAR.20
- See Previous Concurrenpa w ew.. ew oe w. soemnow. m in. i or c. cooy.ciout en.cnm.nv.e.ur. r. cooy wem.ov.e.ur.,v. No ce >y OFFICE OSP E
OGCd fl /
ASP;D l
NAME SNSalomon:kk/nb CHMaupin PHLohaus FCamerdn URLBangart DATE
/09/29/97
- 10/14/97
- 10//7/97
- 10/ /97 10/ /97
/
^
Paul J. Merg:s, Ph.D., Chi;f Bureau of Pesticides and Radiation Division of Solid and Hazardous Material-Department of Environmental Conservation -
50 Wolf Road, Room.402 Albany, New York 12233-7255 Y
Dear Dr. Merges:
Given the significance of the revised 10 CFR Part 20 rule to both NRCInd 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 Nationaf Laboratory (ORNL), under contract with NRC, to identify any differences or inconsiste Ies between 10 CFR Part 20 and each Agreement State equivalent rule. A copy of the wo volume ORNL report, dated November 1S,1995, documenting its staff review of t New York State Department of Environmental Conservation 10 CFR Part 20 equivale rule,is enclosed for your information and use (Enclosure 1). The second par of the review was conducted by NRC staff and consisted of a review of the difference nd inconsistencies identified by ORNL for compatibility and adequacy significance.
The NRC review focused on those provisio of the New York State Department of Environmental Conservation rule that are equired for compatibility or health and safety under the new adequacy and compati sty policy statement approved by the Commission by Staff Requirements Memorandum ated June 30,1997 (Enclosure 2 describes the new compatibility categories). The NR review concluded that the New York State Department of Environmental Conservation 1 CFR Part 20 equivalent rule meets the compatibility and health and safety categories of he new policy.
if you have any questions garding the compatibility criteria, the NRC regulations used in the review, or the Oak Ri ge report, please contact me at (301) 415-2326 or Dr. Stephen N. Salomon of my staff t (301) 415-2368 or INTERNET: SNS@NRC. GOV.
Sincerely, Paul H. Lohaus, Deputy Director Office of State Programs
/
Enclosures /
As stated Distr ution:
I'
- DIR RF (7S224)
DCD (SPOS)-Copies of Enclosure 1 to be SDroggitis put in Central Files and PDR only.
DWhite, RI PDk (YES)
Part 20 File (w/o Enclosure 1)
L l
DOCUMENT NAME: G:\\SNS\\NYDECPAR.20 n e.ew.. copy.: tw docu n.nt. wac.t. in in. nom: c - copy witnaut.tuen=nts.nciosur.
e - copy witn.it.cnm.nt/.nclosur.
- N
- No copy OFFICE OSP
[6, OSQ gh OGC OSP:D NAME SNSalomon:kk CHMaty 1 PHLoh6usJ' FCameron RLBangart DATE 09 @ /97 M /97 U$f /97 10/ /97 10/. /97 OSP FILE CODE: SP-AG-20-4, SP-P-1
/rne UNITE 3 STATES p
u j
NUCLEAR REGULATORY COMMISSION 2
WASHINGTON, D.C. 30st%4001 November 6, 1977 Paul J. Merges, Ph.D., Chief Sureau uf Pesticides and Radiation Division of Solid and Hazardous Material Department of Environmental Conservation 50 Wolf Road, Room 402 Albany, New York 12233-7255
Dear Dr. Merges:
Given the significance of the revised 10 CFR Part 20 rule to both NRC and Agreement State programs, NRC undertook a review of all Agreement State final Part 20 equivalent rules for compatibility with 10 CFd Part 20 The review was conducted as a two step process. The firs:
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. A copy of the two volume ORNL report, dated November 16,1995, documenting its staff review of the New York State Department of Environmental Conservation 10 CFR Part 20 equivalent rule, is enclosed for your information and use (Enclosure 1). 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 compatibility and adequacy issues that should be brought to your attention for routine action.
The NRC review focused on those provisions of the New York State Department of Environmental Conservation rule that should be adopted in accordance with the new adequacy and compatibility policy statement approved by the Commission by Staff Requirements Memoranoum dated June 30,1997 (Enclosure 2 describes the new compatibility categories).
The NRC review concluded that the New York State Department of Environmental Conservation 10 CFR Part 20 equivalent rule meets the compatibility and health and safety categories of the new policy.
If you have any questions regarding the compatibility criteria, the NRC regulations used in the review, or the Oak Ridge report, please contact me at (301) 415-2326 or Dr. Stephen N.
Salomon of my staff at (301) 415-2368 or IN1 dRNET: SNS@NRC. GOV.
- rely,
,\\
j Paul H. Lohaus) Deputy Director Office of State Programs
Enclosures:
As stated
I Comoatibility Cateaory and H&S Identification for NRC Reaulations 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, i
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 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 objectives of such program elements in order to maintain an adequate program.
ENCLOSURE 2 F
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