ML20204C223
| ML20204C223 | |
| Person / Time | |
|---|---|
| Issue date: | 03/10/1999 |
| From: | Lohaus P NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Boschult L NEVADA, STATE OF |
| Shared Package | |
| ML20204C227 | List: |
| References | |
| NUDOCS 9903220389 | |
| Download: ML20204C223 (6) | |
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1 biAR 101998 Mr. Larry Boschult Radiological Staff Specialist Radiological Health Section Deputy Food and Drug Commissioner-Bureau of Health Protection Services 1179 Fairview Drive, Suite 102
. Carson City, NV 89701-5405
Dear Mr. Boschult:
as requested, we have reviewed the proposed regulations to the Nevada Administrative Code (NAC) Chapter 459, dated October 28,1998. The regulations were reviewed by comparison to the equivalent NRC regulations in 10 CFR 19,20,30,32,34,35,40,61,70 and 71.
As a result of our review, we have identified thirteen comments which are enclosed. Please note that we have henited our review to regulations required for compatibility and/or health and J
safety. Under our current 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 en a review of the final State regulation. However, we have determined that if your proposed regulations were adopted incorporating the enclosed comments and without other significant changes, they would meet the compatibility and health and safety categories estatdished in OSP P.ocedure SA-200 (formerly, B.7).
We request that when the proposed regulations are adopted and published as final regulaiions, o
a copy of the "as published" regulations be provided to us for review. As requested in our All Agreement States Letter SP-96-027,"Recuest to Hiahliaht 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 (,omputer readable format, if possible.
If you have any questions regarding the comments, the compatibility and health categories, or any of the NRC regulations used in the review, please contact me or Kevin Hsueh of my staff at (301) 415-2598.
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Sincerely,
'OriginalSigned By:
PAUL H.LOHAUS Paul H. Lohaus, Director PM Office.of State "rograms
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Mr. Larry Boschult
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Radiological Staff Specialist Radiological Hea!th Section Deputy Food and Drug Commission 9r Bureau of Health Protection Services 1179 Fairview Drive, Suite 102 Carson City, NV 89701-5405
Dear Mr. Boschult:
)
As requested, we have reviewed the propose regulations to the Nevada Administrative Code (NAC) Chapter 459, dated October 28,1998. The regulations were reviewed by comparison to the equivalent NRC regulations in 10 CFR 19, 0,30,32,34,35,40,61,70 and 71.
As a result of our review, we have identified thi een comrnents wh:ch are enclosed. Please note that we have limited our review to regulatiorjs required for compatibility and/or health and safety. Under our current precedure, a finding that a State regulation meets the compatibility and health and safety categories of the equivalen WRC regulation may only be made based on a review of the final State regulation. However, w have determined that if your proposed regulations were adopted incorporating the enclos d comments and without other significant changes, they would meet the compatibility and he Ith and safety categories established in OSP Procedure SA 200 (formerly, 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 t us for review. As requested in our All Agreement States Letter SP-96-027,"Reauest to Hiah aht Chanaes to Aareement State Reculations Submitted to NRC for Compatibility Review" (March 1,1996), please highlight the final changes and send one copy in a computer readabi format, if possible.
If you have any questions regarding the comments, the c mpatibility and health categories, or any of the NRC regulations used in the review, please co tact me or Kevin Hsueh of my staff at (301) 415-2598.
Sincerely, Paul H. Lohaus, qirector Office of State Pr rams
Enclosure:
As stated Distribution:
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March 10, 1999 Mr. Lany Boschult Rad!ological Staff Specialist Radiological Health Section Deputy Food and Drug Commissioner Bureau of Health Protection Services 1179 Fairview Drive, Suite 102 Carson City, NV 89701-5405
Dear Mr. Boschult:
As requested, we have reviewed the proposed regulations to the Nevada Administrative Code (NAC) Chapter 459, dated October 28,1998. The regulations were reviewed by comparison to the equivalent NRC regulations in 10 CFR 19,20,30,32,34,35,40,61,70 and 71.
As a result of our review, we have identified thirteen comments which are enclosed. Please note that we have limited our review to regulations required for compatibility and/or health and l
safety. Under our current procedure, a fir. ding 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 determin(d that if your proposed regulations were adopted incorporating the enclosed comments and without other significant changes, they would meet the compatibility and health and safety categories establisLed in OSP Procedure SA-200 (formerly, 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 to us for review. As requested in our All Agreement States Letter SP 96-027,"Reauest to Hiahliaht Chances to Aareement State Reculations Submitted to NRC for Comoatibility o9 view" (March 1,1996), please highlight the final changes and send one copy in a computet adable format,if possible.
j If you have any questions regarding the comments, the compatibility and health categories, any of the NRC regulations used in the review, plaase contact me or Kevin Hsueh of my st (301) 415-2598.
Sin erely, fi<
( dei I s
kh Paul H. Lohaus, Director Office of State Programs
Enclosure:
As stated
{
COMMENTS ON PROPOSED NEVADA REGULATIONS AGAINST COMPATIBILITY AND HEALTH AND SAFETY CATEGORIES State NRC NRC-Approved Category Reaulation Regulation SSR (if any)
Sublect and Comments Part 20 Standard for Protection Against Radiation Appendix G I
Appendix G Requirements for Transfers of Low-Level Radioactive Waste Intended for Disposal at Licensed Land Disposal Facilities and Manifests
- 1. Manifest B
None Appendix G l.
Definitions of Generator, Shipping paper and Waste type could not be found in the proposed j
regulations. These def;nitions should be l
adopted in an essentially identical manner to that of the NRC to meet the compatibility category.
B Sec.30 Appendix G l.(b)
Section 30 Paragraph 2 (b) "... waste generator or waste processor; or" should be changed to
"... waste generator or generator; or".
B Sec.1 Appendix G l.
The definition of residual waste in section 11 omits the phrase, "This waste is attributable to the processor or decontamination facility, as applicable." The revised text should be added to meet the compatibility category.
B Sec.30 Appendix G l.
Section 30 item 3(t) omits from Appendix G l. C 10 the phrase, "The identities and actMties of individual radionuclides contained in each container, the masses of U-233, U-235 and plutonium in special nuclear material, and the masses of uranium and thorium in source material." The revised text should be added to meet the compatibility category.
Ill. Control and Tracking B
Sec.139 Appendix G lil.
Section 139 omits the phrase in Appendix G.lli A. 7. " Receive acknowledgment of... a signed copy of NRC from 540;"is omitted. The missing item should be adopted to meet the compatibility category.
2 State NRC NRC-Approved Category Regulation Bfutulation SSR fif any)
Sublect and Comments B
Sec.140 Appendix G 111.
Section 140 item 4 omits the underlined text in Appendix G 111. B. 8. " Notify the shipper and the division when any..." The revised text should be adopted to meet the compatibility category.
B Sec.141 Appendix G ll1.
Section 141 omits the phrase in Appendix G.lli C. 8. " Receive acknowledgment of... a signed copy of NRC from 540." The missing item should be adopted to meet the compatibility category.
B Sec.141 Appendix G lli.
Section 141 item 10 omits the underlined text in Appendix G lll. C.11. " Notify the shipper and the division when any..." The revised text should be adopted to meet the compatibility category.
Part 35 Part G Medical Use of Byproduct Material J
35.53 Measurement of dosages of unsealed byproduct i
material for medical use.
l D/H&S None 35.53 Paragraphs equivalent to 35.53 (a) and (b) could not be foun' in the proposed regulations.
d The essential objectives of these paragraphs should be adopted to meet the health and safety category.
l 3".75 Release of patients or human research subjects l
containing radiopharmaceuticais or permanent implants.
C None 35.75(a)
A paragraph equivalent to 35.75(a) could not be found in the proposed regulations The essentials objectives of this paragraph should be adopted to meet the compatibility category.
i I
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v u.
3 i
State NRC NRC-Approved Category Regulation Regulation SSR fif any)
Subject and Comments C/H&S None 35.75 (b)
A paragraph equivalent to 35.75(b) could not bs found in the proposed regulations. The essential objectives of this paragraph should be adopted to meet the health and safety category.
None 35.404 Release of patients or human research subjects treated with temporary implants.
C None 35.404 A section equivalent to 35.404 could not be found in the proposed regulations. The essential objectives of this section should be adopted to meet the compatibility category.
Sec. 80 Part 71 Part T Packaging and Transportation of Radioactive Material B
Sec. 80 Part 71 Part T Regulations equivalent to sections 71.4,71.5, 71.10,71.12,71.13,71.14,71.16,71.81, 71.85, 71.87 71.88,71.89,71.97 and Appendix A could not be found in the proposed regulations.
These sections should be adopted in an essentially identical manner to that of the NRC to meet the compatibility category.
i