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

-

s 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

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l NAME ADWhite:gd SNSalomon SATreby PHLohaus DATE 04/29/99*

04/29/99' 05/12/99*

04/30/99E 9905190272 990513 OSP FILE CODE: SP-AG-14 l

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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 IQ' cb $ib't

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OSP l

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OGC(gl OSP:D NAME ADWhite:gd SNSalomon

/ SATreby PHLohaus DATE 04/29/99*

04/29/99*

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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:

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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,

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Pa l H. Lohaus, Director Office of State Programs

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NW Fax:410-631-3198 Apr 20 '99 9:58 P.01 0,

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:

pggpg3y,npg4Sloedof"9E. Emf'

m m p wm n

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- >,m g w y p.w MDE-RHP Fax:410-631-3198 Apr 20 "

9:58 P.02

~

PROPOSED ACTION ON REGULATIONS e

635

.01 Definition.

" Applicant" means, for the purpose of administering

}lllg QQ n' land. an individual who has a physical disability.unsportaaon wacu.

DEPARTMENT 0F

[.01).02 Apri1 cation.

by the Administration. (to any prospective applicant or, for aA. The applicatio THE ENVIRONMENT mmor applicant, to the parent or guardian of the applicant.)

Subtitle 15 DISPOSAL OF CONTROLLED B. itext unchanged)

C. An applicotton not signed by the physically disabledHAZARDOUS SUBSTANCES - RADIOACTIVE HAZARDOUS SUBSTANCES applicant. or the parent or guardian of a minor applicant, will be rejected.

[C.) D. -[E.) E (te:ct unchanged)

Aushority. tantonmens Anicle, Title 7. S6tiae 2.

Annmead Code of mrrhad

[.02).03 Medical Certifcation.

clan is required for an application for a permit. This state-A. A signed or certiSed Notice of Proposed Action 0"

The Secretary of the Environment proposes to amend eci disabillry that, ment shall certify that the applicant has apermanentphyst.

R@ati n.02 undu COMAR 2615.01 Radioacttve Haz tion.05 under COMARanlous Substances Management a that] Requires the applicant to use a wheelchair to move (1) [ Applicant's perman 26.15.03 Standards Applicable t Generators fRHS.

about; "

(2) [ Permanent physical disability is]Is so severe that Statement of Purpose the applicant tvould endure a hardship cr be subject to a The urpose of the action amending COMAR 26.15.01.02 risk ofinjury if the apphcant should enter orleave a vehicle is to e ange the definition of person to be conshtent with nt a less convement location.

the definition of person referenced in COMAR 26.12.01.01.

B. The Administration, at its, discretion, may:

The purpose of the action amending COMAR 26.15.03.05 is (1) Allow the phystcally discoled applicant to submit to change the citation to the federal standard. The current the statement from a heensed physician with the apphca.

citation no longer exists in the Federal Code. The re tion; or (2) (te.xt unchanged) ments have been recodified to the amended citation. quire-6 (.03].04 Parking Permits.

There is a corresponding federal standard to this pro-Comparison to Federal Standards A. - C. (text unchanged)

D. Permits may only be used on household vehicles.

posed regulation, but the proposed regulation is not more restrictive or stringent.

[.04).05 (text unchanged)

[.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 Economie Impact on Small Businesses

[an) the applicant whose property has adequate and acces.

The proposed action has minimal or no economic impact sible off-street parking available.

D. - G. (text unchanged) on small businesses.

[H. Permits may not be approved for appb.

cants whosy Opportunity for Public Cornment residences are located on nonpubhc roadways or withus pri-

.Ihe Department of the Environment will hold a hearing vate communities where parlung is,provided by an associa-concerning these actions on May 11,1999 at 9:30 a.m. in the tion or by a property management nrm.)

300 W. Preston Street Auditorium, Baltimore, Maryland

[.06).07-[.09).10 (text unchanged) 21201. Allinterested persons are invited to attend and give their views.

ANNE S. FERRO to be present at the bessg by giving 5 working d Administrator Motor Vehicle Administration 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 Radioactive Hazardous Substances Management 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

i' MDE-RHP Fax:410-631-3198 Apr 20 '99 9:59 P.03

+e'

' ooo, t

PROPOSED ACTION ON REGULATIONS (15)

  • Person" mea-5:

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

crease by 5310.000 biannually. Direct costs for the Omce (p (f)-(m) (text unchaaged) postage, salaries) will increase by $139.097 biannually when initial 1

(16)-(23) (text unchanged) licenses are issued, and by $126.155 bianmtally when renewal (24) "RHS manifest" means the national um. form low-censes 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-that exceed the costs ofissuing licenses will revert to the State G eral Fund.

mstion required by COMAR 26.15.03.05[A] and by [10 CFR Fire sprinkler contractors wtll pay a $100 fee for a 2 year initial (20.311(1991)] 10 CFR f20.2006.

lic*n5* and for 2-year license renewa!s. Contractors without an (25)-(29) (te:rt unchanged) ployee who has National Instttute for the Certification in Ecgineer.

ing Technologies (NICET) certi!Ication will pay 590 to take the 26,15.03 Standards Applicable to Generators of RHS 3;j,*sfois

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

Armotated Cede otMaryland

.05 RHS ManiLst.

tractors will have to obtain this insurance. However, established companies that alraad RHS generators, facility owners or operators, and trans-

"d""*D""*** *y carry this insurance sh uld not have to pay

*PI# # " P * **'

porters who ship RHS for transfer and disposal shall comply with the manifest requirements of(10 CFR 120.311(1991)]

Revenue 10 CFR 120.2006.

(RWR-)

IL Types of iture JANE T. NISHIDJ.

Economic Impacts.

(E

-)

Magnitude Secretary of the Environment pN,ng syn $e' Police, 3,

t

~-

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

3310.000/

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

biannually Initiallicenses (E-)

$139,097/

DEPARTMENT OF STATE POUCE

'n"22 R-l ite-u (E-)

Subtitle 06 FIRE PREVENTION COMMISSION biannually 4,i (3) hdirget costs (E-)

Indeterminate 'g '

29,06.05 Fire Sprinkler Contractor Licensing B. On other scate agencies:

NONE C. Onlocal governments:

NONE Regulations Benefit (+)

Authority: Ame!e $$A. R 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.

lations.01

.09 under a new chapter, COMAR Plumbers biannually 29.06.05

(-)

$300,000/

Fire Sprinkler Contractor Licensing Regulations.

biannua:!y Total

$310.000/

Statement of Purpose The purpose of this action is to establish a program to li.

f 2) NICET certifestion:

cense and regulate persens who install dre sprinkler sys-Fire sprinider contra:tcrs

(-)

$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 time fee (3) Liability insurance

(-)

Indeterminate Comparison to Federal Standards There is no corresponding federal standard to this pro-gr NONE posed regulation.

Insurance companies -

premiums h)

Estimate of Econornie Impact E Direct and indirect effects on Indeterminate L Summary of Economic,Isnpact. These regulatiens will re-public:

NONE quire the Office ef :ce State Fire Marshal, on behalf of the State IIL Assurnpticos. (Identified by Impact Letter and Number Fire Prevention Commissyen. to co!!ect a fee for licensing centrac' gm g;, gg 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, the 3100 por centra:ter at the time of application for a license. The li.

direct and icdtreet costs associated with the issuance of the ll.

cense must be, ter.ewed every 2 years. It is estimated that 100 con.

censes. There are sppronmstely 100 fire sprinkler iratallat,en tracters src engaged in the faro =prinkler contracting business on a t

ousmesses sn the State and approximately 3.oc0 State licensed fu1 Mime basis, performing sprinkler system design, installation, MARYi. AND AEGISTEA, VOL 26, ISSUE $ FRIDAY, APAll 9,1999

.