ML20206Q961

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Informs That NRC Offers No Comment on Proposed Change in Definition for Person in Code of Maryland Regulation Section 26.15.01.02,radioactive Hazardous Substance Management
ML20206Q961
Person / Time
Issue date: 05/13/1999
From: Lohaus P
NRC OFFICE OF STATE PROGRAMS (OSP)
To: Fletcher R
MARYLAND, STATE OF
References
NUDOCS 9905190272
Download: ML20206Q961 (7)


Text

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MAI I3 till Roland G. Fletcher, Manager Radiological Health Program Air and Radiation Management Administration Maryland Department of the Environment 2500 Broening Highway Baltimore, MD 21224

Dear Mr. Fletcher:

As requested, we have reviewed the proposed change in definition for person in the Code of Maryland Regulation Section 26.15.01.02, Radioactive Hazardous Substance Management that was received by Duncan White of Region I on April 20,1999. The regulation was reviewed by comparison to the equivalent NRC regulation in 10 CFR Part 61.

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

However, we have determined that if your proposed regulations were adopted without significant change, they would meet the compatibility and health and safety categories established in OSP Procedure SA-200 (formerly, B.7).

We request that when the proposed regulation is adopted and published as a final regulation, a copy of the "as published" regulation be provided for our review. As requested in OSP Procedure SA-201, Review of State Reaulations, (November 10,1998), 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, OrloinalSigned By:

PAULH.LOHAUS Paul H. Lohaus, Director Office of State Programs

@51C h h .9 F M W U S E E Distribution:

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DIR RF DCD (SP05)

SCDroggitis PDR (YES/)

BGUsilton 1 oJ (' @ d ,V Maryland File DOCUMENT NAME: G:\SNS\MDEREG1.WPD *See previous concurrence.

Tm rective a et,pr of thle document, Indicate in the box: "C' = Copy without attachment / enclosure "E" = Copy with attachment / enclosure "N" = No copy OFFICE OSP l OSP l OGC OSP:D l l NAME ADWhite:gd SNSalomon SATreby PHLohaus DATE _ _

04/29/99*

04/29/99' 05/12/99* 04/30/99E l

L 9905190272 990513 OSP FILE CODE: SP-AG-14 PDR STPRQ ESGMD PDR 3

EE![EMEEl

7 Roland G. Fletcher, Manager Radiological Health Program Air and Radiation Management Administration Maryland Department of the Environment 2500 Broening Highway Baltimore, MD 21224

Dear Mr. Fletcher:

As requested, we have reviewed the proposed change in d finition for person in the Code of Maryland Regulation Section 26.15.01.02, Radioactive Ha ardous Substance Management that was received by Duncan White of Region I on April 20,19 9. The regulation was reviewed by comparison to the equivalent NRC regulation in 10 CFR P rt 61.

As a result of our review, we have no comments. Under ur current procedure, a finding that a Maryland regulation meets the compatibility and health a d safety categories of the equivalent NRC regulation may only be made based on a review of he final Maryland regulation.

However, we have determined that if your proposed reg lations were adopted without significant change, they would meet the compatibility a health and safety categories established in OSP Procedure SA-200 (formerly, B.7).

We request that when the proposed regulation is adop ed and published as a final regulation, a copy of the "as published" regulation be provided for o r review. As requested in OSP Procedure-SA-201, Review of State Reoulations. (No ember 10,1998), please highlight the final changes and send one copy in a computer read le format,if possible.

If you have any questions regarding the comments, t e compatibility and health and safety categories, or any of the NRC regulations used in th' review, please contact me or Duncan White, Regional State Agreements Officer, Region I at (610) 337-5042.

S!ncer ly, Paul . Lohaus, Director Offic of State Programs Distribution:

DIR RF DCD SPOS)

SCDroggitis PDR YES/)

BGUsilton M:ryland File DOCUMENT NAME: G:\SNS\MDEREG1.WPD A0 IQ'K/ 'Sde

/

cb previous

$ib't concurrence.

Ta receive e copy of this document, Indicate in the box: "C" = Copy without attact ment / enclosure "E' = Cosy with attachment / enclosure "N" = No copy OFFICE OSP l OSP l / OGC(gl OSP:D NAME ADWhite:gd SNSalomon / SATreby PHLohaus DATE 04/29/99* 04/29/99* / 04/IZ/99 04/30/99*

5' OSP FILE CODE: SP-AG-14

i Roland G. Fletcher, Manager Radiological Health Program Air and Radiation Management Administration Maryland Department of the Environment 2500 Broening Highway Baltimore, MD 21224

Dear Mr. Fletche;:

As requested, we have reviewed the proposed change i definition for person in the Code of Maryland Regulation Section 26.15.01.02, Radioactive zardous Substance Management that was received by Duncan White of Region I on April 20, 99. The regulation was reviewed by comparison to the equivalent NRC regulation in 10 CF Part 61.

As a result of our review, we have no comments. Plea note that we have limited our review to regulations required for compatibility and/or health a d safety. Under our current procedure, a finding that a Maryland regulation meets the compati lity and health and safety categories of the equivalent NRC regulation may only be made bas on a review of the final Maryland regulation. However, we have determined that if your roposed regulations were adopted without significant change, they would meet the comp tibility and health and safety categories established in OSP Procedure SA-200 (formerly, B.7)

We request that when the proposed regulation is ado ted and published as a final regulation, a copy of the "as published" regulation be provided for ur review. As requested in OSP Procedure-SA-201, Review of State Reaulations, (N vember 10,1998), please highlight the final changes and send one copy in a computer rea able format, if possible.

If you have any questions regarding the comments, he compatibility and health and safety  !

categories, or any of the NRC regulations used in tt is review, please contact me or Duncan i White, Regional State Agreements Officer, Region at (610) 337-5042.

Sincer ly, i

l Paul . Lohaus, Director ~

Offic of State Programs i

Distribution:

DlR RF DCD POS)  !

SCDroggitis PDR ES/)

BGUsilton Maryland File DOCUMENT NAME: G:\SNS\MDEREG1.WPD ,

T e receive o copy of tt is document, Indiepte in the bor: "C' = Copy without attac*iment/ enclosure 'E' = Cosy with attachmenM ir "N' = No copL !

OFFICE OSPy,$ , OSPsE l l OGC _

OEf$gj l NAMG ADWhite:go' %.md SNSalomon !SATreby PHLohiud V9 DATE 04Rl/99 04/fy99 04/ /99 04/d)99 OSP FILE CODE: SP-AG-14 L

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zpa t*h y *, UNITED STATES s* j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2006H001

% May 13, 1999 Roland G. Fletcher, Manager Radiological Health Program Air and Radiation Management Administration Maryland Department of the Environment 2500 Broening Highway Baltimore, MD 21224

Dear Mr. Fletcher:

. As requested, we have reviewed the proposed change in definition for person in the Code of Maryland Regulation Section 26.15.01.02, Radioactive Hazardous Substance Management that was received by Duncan White of Region I on April 20,1999. The regulation was reviewed by comparison to the equivalent NRC regulation in 10 CFR Part 61.

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

However, we have determined that if your proposed regulations were adopted without significant change, they would meet the compatibility and health and safety categories established in OSP Procedure SA-200 (formerly, B.7).

We request that when the proposed regulation is adopted and published as a final regulation, a copy of the "as published" regulation be provided for our review. As requested in OSP Procedure-SA-201, Review of State Reaulations. (November 10,1998), 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.

S rely,

) 9 l u {\

Pa l H. Lohaus, Director Office of State Programs

+

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0, NW Fax:410-631-3198 Apr 20 '99 9:58

,,. P.01 I

MARYLAND DEPARTMENT OF THE ENVIRONME'NT Air & Radiation Management Administration Radiological Henith Program --

Facsimile Transmittal Sheet TO: D didcAd (A M iT E. _

A)R_c o

FROM: 'U-OM TM.

l@E-ARMA-Radiological Health Program 2500 Broening Highway + Baltimore MD 21224 410-631-3310_[ phone] +410-631-3198 [ fax]

or 1-800-633-6101 (in Maryland only)

DATE:

  1. OF PAGES (including this sheet): 3 COMMENTS:

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m m p wm n -r - > ,m g w y p.w MDE-RHP Fax:410-631-3198 Apr 20 " 9:58 P.02

~

e PROPOSED ACTION ON REGULATIONS 635

.01 Definition.

" Applicant" means, for the purpose of administering }lllg QQ n' land. an individual who has a physical disability.unsportaaon wacu.

[.01).02 Apri1 cation. DEPARTMENT 0F by the Administration. (to any prospectiveTHE applicantENVIRONMENT or, for aA. The applicatio mmor applicant, B. itext to the parent or guardian of the applicant.)

unchanged) Subtitle 15 DISPOSAL OF CONTROLLED C. An applicotton not signed by the physically disabledHAZARDOUS SUBSTANCES - RADIOACTIVE applicant. or the parent or guardian of a minor applicant, HAZARDOUS SUBSTANCES will be rejected.

Aushority. tantonmens Anicle, Title 7. S6tiae 2.

[C.) D. -[E.) E (te:ct unchanged) Annmead Code of mrrhad

[.02).03 Medical Certifcation.

Notice of Proposed Action clan is required for an application for a permit. This0" state-A. A signed or certiSed eci disabillry that, ment shall certify that the applicant ThehasSecretary of the Environment proposes to amend apermanentphyst.

R@ati n .02 undu COMAR 2615.01 Radioacttve Haz tion .05 under COMARanlous Substances Management an that] "Requires the applicant to use at wheelchair about; Generators fRHS. to 26.15.03 moveStandards (1) [ Applicant's Applicable perman (2) [ Permanent physical disability is]Is so severe that Statement of Purpose the applicant tvould endure a hardship cr be subject toThe a urpose of the action amending COMAR 26.15.01.02 risk ofinjury if the apphcant should enter orleave a vehicle nt a less convement location. is to e ange the definition of person to be conshtent with B. The Administration, at its, discretion, may: the definition of person referenced in COMAR 26.12.01.01.

(1) Allow the phystcally discoled applicant to submit The purpose of the action amending COMAR 26.15.03.05 is the statement from a heensed physician with the apphca. the citation to the federal standard. The current to change tion; or citation no longer exists in the Federal Code. The re (2) (te.xt unchanged) ments have been recodified to the amended citation. quire-Comparison to Federal Standards 6 (.03] A. .04 Parking

- C. (text Permits.

unchanged) There is a corresponding federal standard to this pro-D. Permits may only be used on household vehicles. posed regulation, but the proposed regulation is not more

[.04).05 (text unchanged) restrictive or stringent.

[.05).06 Parking Space. Estimate ofEconomic Impact A. -B. (text unchanged) The proposed action has no economic impact.

C. A reserved parking space may not be authorized to

[an) the applicant whose property has adequate and acces. Economie Impact on Small Businesses sible off-street parking available. The proposed action has minimal or no economic impact

', on small businesses.

D. - G. (text unchanged)

[H. Permits may not be approved for appb. cants whosy Opportunity for Public Cornment residences are located on nonpubhc roadways or withus pri-vate communities where parlung is,provided by an associa- .Ihe Department of the Environment will hold a hearing tion or by a property management nrm.) concerning these actions on May 11,1999 at 9:30 a.m. in the

[.06).07-[.09).10 (text unchanged) 300 W. Preston Street Auditorium, Baltimore, Maryland 21201.

their views.Allinterested persons are invited to attend and give ANNE S. FERRO Administrator Motor Vehicle Administration to be present at the bessg by giving 5 working d to Gail Castleman, Regulations Coordinator, at (410) 631-3441.

Written comments may be sent to Gail Castleman, De-partment of the Environment. 2500 Broening Highway, Bal.

timore, Maryland 21224. Written comments will be ac.

cepted until the close of business on May 11,1999.

26.15.01 Management Radioactive Hazardous Substances Amhomy Envs cament Aniele Title 7.Sdtitle 2, Annotmd Code of bryled

.02 Def"nitions.

2 A. (taxt unchanged)

B. Terms Defined.

(1)-(14) (text unchanged)

MARYLAND REGISTER, VOL. 25, ISSUE 8 FRIDAY, APmt. 9,1999

+e' i' ' ooo, MDE-RHP t Fax:410-631-3198 Apr 20 '99 9:59 P.03 PROPOSED ACTION ON REGULATIONS (15)

  • Person" mea-5:

(a)-(d) (text unchanged) mater plumbers that may perform fire sprinkler system installa-g g'. (e) A federal agency, to the extent authorined by fed. tion. If all 3.10o contractors become licensed under these regula-tiens, revenues paid to the O5co of the State Fire Marshal willin-(f)-(m) (text unchaaged) crease by 5310.000 biannually. Direct costs for the Omce (p 1

(16)-(23) (text unchanged) postage, salaries) will increase by $139.097 biannually when initial licenses are issued, and by $126.155 bianmtally when renewal (24) "RHS manifest" means the national um. formcenses low- are processed. Indirect costs for the OEcc (fnnge benefits level radioactive waste manifest appropriately completedoffice space, ud!ities, etc.) have not been computed. Any nvenu and signed by the RHS generator which contains the infor- thatFund.

exceed the costs ofissuing licenses will revert to the State G eral mstion required by COMAR 26.15.03.05[A] and by [10 CFR (20.311(1991)] 10 CFR f20.2006. Fire sprinkler contractors wtll pay a $100 fee for a 2 year initial (25)-(29) (te:rt unchanged) lic*n5* and for 2-year license renewa!s. Contractors without an ployee who has National Instttute for the Certification in Ecgineer.

26,15.03 Standards Applicable to Generators ing Technologies (NICET) certi!Ication will pay 590 to take the of RHS 3;j,*sfois *# * " ' "t k* *h*

  • i* *t Authenty hviroamot Artic!e. Title 7. Subtitie 2, The reguldens require fire sprink'er contractors to secure and Armotated Cede otMaryland maintain a m;nirnum of $1,000,000 of combined single limit bodil injury or death and property damage liability insurance. New con.

.05 RHS ManiLst. tractors will companies have that to obtain this insurance. However, established alraad RHS generators, facility owners or operators, and trans- "d""*D""*** *y carry this insurance sh uld not have to pay porters who ship RHS for transfer and disposal shall comply

*PI# # " P * **'

with the manifest requirements of(10 CFR 120.311(1991)] Revenue 10 CFR 120.2006. (RWR-)

IL Types of Economic Impacts. iture JANE T. NISHIDJ. (E -) Magnitude Secretary of the Environment

  • pN,ng3, synt $e' Police,

~-

Maryland State Fire Marshal (1) Feu (R+) 3310.000/

n 64h N- le (2) Direct costs:

Initiallicenses biannually (E-) $139,097/

DEPARTMENT OF STATE POUCE R-l ite-u (E-) 'n"22 Subtitle 06 FIRE PREVENTION COMMISSION (3) hdirget costs (E-)

biannually 4,i 29,06.05 B. On other scate agencies: Indeterminate 'g '

Regulations Fire Sprinkler Contractor Licensing C. Onlocal governments:

NONE .

NONE Authority: Ame!e $$A. R Benefit (+)

Annetund Code of mryland *'

D. On regulated industries or I trade groups: i

. Notice of Proposed Action m License ren: l

. gg,7' Fire sprinkler cor. tractors .

(-) 810.000/

The Secretary of State Police proposes to adopt new Regu. biannually lations .01 .09 under a new chapter, COMAR 29.06.05 Fire Sprinkler Contractor Licensing Regulations.

Plumbers

(-) $300,000/

Total biannua:!y

$310.000/

Statement of Purpose The purpose of this action is to establish a program to li. f 2) NICET certifestion:

Fire sprinider contra:tcrs (-)

cense and regulate persens who install dre sprinkler sys- $9.000 one time tems, including persons who are engaged in the design, in. Plumben fee stallation, inspection, testing, repair. or modification or a (~) $270.000 one fire sprink:et system in any residential or commeretal build- g '

ing in the State. g'0 (3) Liability insurance time fee Comparison to Federal Standards (-) Indeterminate gr There is no corresponding federal standard to this pro- NONE posed regulation. Insurance companies -

premiums h) Indeterminate Estimate of Econornie Impact E Direct and indirect effects on public:

L Summary of Economic ,Isnpact. These regulatiens will re- NONE quire the Office ef :ce State Fire Marshal, on behalf of the State Fire Prevention Commissyen. to co!!ect a fee for licensing centrac' gmIIL g;,Assurnpticos.

gg (Identified by Impact Letter and Number toes who install fire sprinK!cr systems er ;tevide certain fire sprin- A(It The regulations require a nonrefundable license fee of kler contractor senices. This fee should recover. but not exceed, 3100 the por centra:ter at the time of application for a license. The li.

direct and icdtreet costs associated with the issuance cense of themust ll. be, ter.ewed every 2 years. It is estimated that 100 con.

censes. There are sppronmstely 100 fire sprinkler iratallat,en t ousmesses sn the State and approximately 3.oc0 State licensed tracters src engaged in the faro =prinkler contracting business on a fu1 Mime basis, performing sprinkler system design, installation, MARYi. AND AEGISTEA, VOL 26, ISSUE $ FRIDAY, APAll 9,1999

.