ML20207B150
| ML20207B150 | |
| Person / Time | |
|---|---|
| Issue date: | 05/19/1999 |
| From: | Lohaus P NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Rogers C NEBRASKA, STATE OF |
| Shared Package | |
| ML20207B154 | List: |
| References | |
| NUDOCS 9905280132 | |
| Download: ML20207B150 (8) | |
Text
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s 1 MAY ;3 gg' Ms. Chery! K. Rogers ,
' Acting Program Mar'.ager - ;
. Radioactive Materials Program Department of Regulation and Licensure Nebraska Health and Human Services System 301 Centonnial Mall South, P.O. Box 95007 Lincoln, NE 68509-5007 .
Dear Ms. Rogers:
We have reviewed the final Nebraska regulations which became effective on December 15, 1998. The regulations are contained in Chapter 1, Section 010, Notices, Instructions and Reports to Workers: Inspections; Section 004, Standards for Protection Against Radiation; Section 012, Licensing Requirements for Management of Rrdioactive Waste; and Section 013, Transportation of Radioactive Material. The final regulations are in response to the four amendments identified in the enclosed Regulation Assessr,1ent Tracking System (RATS) Data Sheet. The regulations werc reviewed by comparison to ttia equivalent NRC regulations in 10 CFR Parts 19,20,61 and 71. In addition, we examined the regulations to determine that our 4'
June 24,1998 comments on your proposed regulations were incorporated into the final regulations. We also discussed our review of the final regulations with Mr. John Fassell on April 19,1999.
As a result of our review of Sections 010,004,012, and 013, we have determined that the final regulations, as adopted, meet the compatibility and health and safety categories established in OSP Procedure SA-200, with the exception that one of our earlier comments on Section 013, as enclosed, was not incorporated into the final re0ulation. The comment should be addressed in future changes to your regulation to meet the compatibility category.
We have also summarized on the RATS Data Sheet our knowledge of the status of other Nebraska regulations. Please let us know if you note any inaccuracies or have any comments on the information contained in the RATS Data Sheet.
If you have any questions regarding the comment, the compatibility cri;eria, or any of the NRC regulations used in the review, please contact me or Kevin Hsueh of my staff at (301) 415-2598.
Sincerely, C5 BC
- h. $h hh Paul H. Lohaus, Director Office of State Programs
Enclosures:
As stated q0010 '
Distribution:
DlR RF (9-64) LMcLean, RSAO, RIV DCD (SP08)
SDroggitis - PDR (YES.f._ NO Nebr;ska File (Regulations)
DOCUMENT NAME: G:\KPHWE0419.WPD *See previous concurrence.
j v. m.. r.e es. e u,n.ni,ine in ui. e x: c . copy weout an.cunenu.nciosur. r - enpy wm en cunane.nciosur. w . No copy OFFICE OSP lE OSP 'pOl E OGC OSP:D l l NAME KPHsush:gd SNSalomon ,\& SATreby PHLohaus DATE 4/27/99* 04/27/99* @ 05/12/99* 04/30/99*
9905280132 990519 ?
OSP FILE CODE: SP-AG-16 PDR STPRG ESGNE PDR y j
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y \ UNITED STATES
- .; } NUCLEAR REGULATORY COMMISSION h & WASHINGTON, D.C. 20065-0001 May 19, 1999 I
i Ms. Cheryl K. Rogers Acting Program Manager l
Radioactive Materials Program Department of Regulation and Licensure Nebraska Health and Human Services System 301 Centennial Mall South, P.O. Box 95007 Lincoln, NE 68509-5007
Dear Ms. Rogers:
i We have reviewed the final Nebraska regulations which became effective on December 15, 1998. The regulations are contained in Chapter 1, Section 010, Notices, Instructions and Reports to Workers: Inspections; Section 004, Standards for Protection Against Radiation; Section 012, Licensing Requirements for Management of Radioactive Waste; and Section 013, Transportation of Radioactive Material. The final regulations are in response to the four amendments identified in the enclosed Regulation Assessment Tracking System (RATS) Data Sheet. The regulations were reviewed by comparison to the equivalent NRC regulations in 10 CFR Parts 19,20,61 and 71. In addition, we examined the regulations to determine that our '
June 24,1998 comments on your proposed regulations were incorporated into the final regulations. We also discussed our review of the final regulations with Mr. John Fassell on April 19,1999. l As a result of our review of Sections 010,004,012, and 013, we have determined that the final l regulations, as adopted, meet the compatibility and health and safety categories established l in OSP Procedure SA-200, with the exception that one of our earlier comments on Section 013, as enclosed, was not incorporated into the final regulation. The comment should be addressed in future changes to your regulation to meet the compatibility category.
We have also summarized on the RATS Data Sheet our knowledge of the status of other Nebraska regulations. Please let us know if you note any inaccuracies or have any comments on the information contained in the RATS Data Sheet.
If you have any questions regarding the comment, the compatibility criteria, or any of the NRC regulations used in the review, please contact me or Kevin Hsueh of my staff at (301) 415-2598.
f W $
Paul H. Lohaus, Director DW Office of State Programs
Enclosures:
As stated
r: . 1 COMMENTS ON FINAL NEBRAEKA REGULATIONS
, AGAINST COMPATIBILITY AND HEALTH AND SAFETY CATEGORIES l
l State NRC l Category Regulation Regulation Sublect and comments l
Chapter 1 Part 71 Transportation of Radioactive Material Section 013 l
B 013.02 71.4 Definitions The phrase "or may be determined by procedures described in Appendix A of this section"is omitted in ,
the definition of Type A quantity. The missing phrase should be adopted to meet the compatibility category. j i
1 i
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1 ,
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REGULATION ASSESSMENT TRACKING SYSTEM RATS DATA SHEET I l
State: Nebraska Tracking Ticket Number: 9-64 I
'4 final amendments (December 15,1998) identified by *] Date: May 19, 1999
- I NRC Chronology identification FR Notice RATS ID Due Date State Statt.s
_ (Effective Date)
St2ndards for Protection Against Radiation 56 FR 23360 1991 3 1/1/94 Final plus others (5/30/94)
Safety Requirements for Radiographic Equipment 55 FR 843 1991 1 1/10/94 Final I (5/30/94)
ASNT Certification of Radiographers 56 FR 11504 1991 2 none Not required Notification of incidents 56 FR 64980 1991 4 10/15/94 Final (5/30/94) l Quality Management Program and 56 FR 34104 1992-1 1/27/95
- Misadministrations
I Eliminating the Recordkeeping Requirements for 57 FR 45566 1992-2 none Not required )
l D partures from Manufacturer's Instructions Licensing and Radiation Safety Requirements for 58 FR 7715 1993-2 7/1/96 Final
( Irradiators (10/30/96)
D;finition of Land Disposal and Waste Site OA 58 FR 33886 1993-3 7/22/96 QA portion Program Final (9/17/97)
Decommissioning Recordkeeping: Documentation 58 FR 39628 1993-1 10/25/96 Final Additions (5/30/94) 1 S:lf-Guarantee as an Additional Financial 58 FR 68726 1994 1 1/28/97 Final l Mechanism 59 FR 1618 (12/17/97) l Uranium Mill Tailings: Conforming to EPA 59 FR 28220 1994 2 7/1/97 Not applicable Standards Timeliness in Decommissioning 59 FR 36026 1994 3 8/15/97 Final (12/17/97)
Preparation, Transfer for Commercial Distribution, 59 FR 61767 1995-1 1/1/98 Final end Use of Byproduct Material for Medical Use 59 FR 65243 (12/17/97) 60 FR 322 cFrequency of Medical Examinations for Use of 60 FR 7900 1995-2 3/13/98 Final Rispiratory Protection Equipment (12/15/98) cLow-Level Waste Shipment Manifest Information 60 FR 15649 1995-3 3/1/98 Final and Reporting 60 FR 25983 (12/15/98)
P:rformance Requirements for Radiography 60 FR 28323 1995-4 6/30/98
'dquipnant l
- Radiation Protection Requirements: Amended 60 FR 36038 1995-5 8/14/98 Final j Definitions and Criteria (12/15/98)
l l
i NRC Chronologyidentification FR Notice H'ATS ID Due Date State Status (Effective Date)
Clarification of Decommissioning Funding 60 FR 38235 1995-6 11/24/98 Adoption was Requirements expected (1/97)
Medical Administration of Radiation and 60 FR 48623 1995-7 10/20/98 Adoption was Radioactive Materials expected (1/97)
Q10 CFR Part 71: Compatibility with the 60 FR 50248 1996 1 4/1/99 Final International Atomic Energy Agency 61 FR 28724 (12/15/98) l i
One Time Extension of Certain Byproduct, Source 61 FR 1109 1996-2 none Not required l and Special Nuclear Materials Licenses !
1 Termination or Transfer of Licensed Activities: 61 FR 24669 1996-3 6/17/99 l Recordkeeping Requirements i Resolution of Dual Regulation of Airbome Effluents 61 FR 65119 1997-1 1/9/00 of Radioactive Materials: Clean Air Act Fissile Material Shipments and Exemptions 62 FR 5907 1997-4 none Not required Recognition of Agreement State Licenses in Areas 62 FR 1662 1997-2 2/27/00 Under Exclusive Federal Jurisdiction Within an Agreement State Criteria for the Release of Individuals Administered 62 FR 4120 1997 3 5/29/00 Final Radioactive Material __
Licenses for Industrial Radiography and Radiation 62 FR 28948 1997-5 6/27/00 Safety Reautrements for Industrial Radiography Operations Radiological Criteria for License Termination 62 FR 39057 1997 6 8/20/00 Exempt Distribution of a Radioactive Drug 62 FR 63634 1997-7 1/2/01 Containing One Microcurie of Carbon-14 Urea Deliberate Misconduct by Unlicensed Persons 63 FR 1890 1998-1 2/12/01 63 FR 13773 Self-Guarantee of Decommissioning Funding by 63 FR 29535 1998-2 none Nonprofit and Non-Bond-Issuing Licensees License Term for Medical Use Licenses 63 FR 31604 1998-3 none Licenses for industrial Radiography and Radiation 63 FR 37059 1998-4 7/9/01 Safety Requirements for Industrial Radiographic Operations Minor Corrections, Clarifying Changes, and a Minor 63 FR 393477 1998-5 10/26/01 Policy Change 63 FR 45393 Transfer for Disposal and Manifests: Minor 63 FR 50127 1998-6 11/20/01 Technical Conforming Amendment
p..
f Ms. Cheryl K. Rogers L Acting Program Manager
! Radioactive Materials Program -
L Department of ' Regulation and Licencure Nebraska Health and Human Services System /
L 801 Centennial Mall South, P.O. Box 95007 /
Lincoln, NE 68509-5007
Dear Ms. Rogers:
l l We have reviewed the final Nebraska regulations which became effective on December 15, l 1998. TbL regulations are contained in Chapter 1, Sectipn 010, Notices, instructions and i Reports to Workers: Inspections; Section 004, Standards for Protection Against Radiation; l Section 012, Licensing Requirements for Management'of Radioactive Waste; and Section 013, Transportation of Radioactive Material. The final reg 61ations are in response to the three l amendments identified in the enclosed Regulation Assessment Tracking System (RATS) data sheet. The regulations were reviewed by comparison to the equivalent NRC regulations in 10 CFR Parts 19,20,61 and 71. In addition, we, examined the regulations to determine that our
' June 24,1998 comments on your proposed regGlations were incorporated into the final regulations. We also discussed our review of e final regulations with Mr. John Fassell on April 19,1999.
i As a result of our review of Sections 010,004,012, and 013, we have determined that the final regulations, as adopted, meet the compat,ibility and health and safety categories established in OSP Procedure SA-200, with the exception that one of our earlier comments in Section 013, as enclosed, was not incorporated into t,he final regulation. The comment should be addressed in future changes to your regulation to eet the compatibility category, if you have any questions regarding the comment, the compatibility criteria, or any of the NRC regulations used in the review, please contact me or Kevin Hsueh of my staff at (301) 415 2598.
I r
Sincerely, 1
Paul H. Lohaus, Director Office of State Programs
Enclosures:
As stated Distnbution:
DIR RF (9-64) LMcLean, RSAO, RIV DCD (SP08)
SDroggitis PDR (YES.f_ NO Nebr:ska File (Regulations)
DOCUMENT NAME: G:\KPHWE0419.WPD OU S
,. . , u w e.co .oo, .mov.o./. v.cm.ee previous. ~oy.,ao4con 4urrence.
.= '
OFFICE - OSP lE OSP lE OGC(Vdf OSP:1)[ ]/ l NAME KPHsuch:gdj,[ M SNSalomon SATreby ' ' " PHLohaud /M DATE 4/27/9'9* 04/27/99* 04/P/99 046l199 g OSP FILE CODE: SP-AG-16,
7 i
i S
Ms. Cheryl K. Rogers Acting Program Manager Radioactive Materials Program Department of Regulation and Licensure Nebraska Health and Human Services System 301 Centennial Mall South, P.O. Box 95007 Lincoln, NE 68509-5007
Dear Ms. Rogers:
We have reviewed the final Nebraska regulations whi h became effective on December 15,
, 1998. The regulations are contained in Chapter 1, S tion 010, Notices, instructions and l
Reports to Workers: Inspections; Section 004, Stand rds for Protection Against Radiation; Section 012, Licensing Requirements for Manageme t of Radioactive Waste; and Section 013, Transportation of Radioactive Material. The final reg lations are in response to the three amendments identified in the enclosed Regulation ssessment Tracking System (RATS) data
- sheet. The regulations were reviewed by comparis n to the equivalent NRC regulations in l 10 CFR Parts 19,20,61 and 71, in addition, we e mined the regulations to determine that our
' June 24,1998 comments on your proposed regula .ons were incorporated into the final regulations. We also discussed our review of the f nal regulations with Mr. John Fassell on April 19,1999.
As a result of our review of Sections 010,004,01, and 013, we have determined that the final regulations, as adopted, meet the compatibility a d health and safety categories established in OSP Procedure SA-200, with the exception th t one of our earlier comments in Section 013, as enclosed, was not incorporated into the final r gulation. The comment should be addressed in future changes to your regulation to meet the ompatibility cat; gory if you have any questions regarding the comrrynt, the compatibility criteria, or any of the NRC regulations used in the review, please contact r1e or Kevin Hsueh of my staff at (301) 415-2598. j Si cerely, aul H. Lohaus, Director ifice of State Programs
Enclosures:
As stated pistribution:
DIR RF (9-64) LMcLean, RSA , RIV DCD (SP08)
SDroggitis PDR (YESj_ NO Nebr:ska File (Regulations)
DOCUMENT NAME: G:\KPH\NE0419.WPD *See previous concurrence.
n r.e.h,. . cop , et ini. eoeum.nt. insie in en. box: c - copy witna attacnm nei.nciosur. e cony witn atiaenmentionsfolus i - No copy OFFICE OSP E OSP /l E OGC OSPAd ',/ / l NAME KPHsueh:gdM l5f _ SNSalomon / SATreby PHLohal# / Wl DATE 4/27/9'9* ' ' ' 04/27/99f 04/ /99 046l/99 OSP FILE CODE: SP-AG-16
Richard P. Nelson, Director Department of Regulation and Licensure Nebraska Health and Human Services System 301 Centennial Mall South, P.O. Box 95007 Lincoln, NE 68509-5007
Dear Mr. Nelson:
We have reviewed the final Nebraska regulations which beca effective on December 15, 1998. Tlee regulations are contained in Chapter 1, Section 01 , Notices, Instructions and Reports to Workers: Inspections; Section 004, Standards for rotection Against Radiation; Section 012, Licensing Requirements for Management of Ra oactive Waste; and Section 013, Transportation of Radioactive Material. The final regulations re in response to the three amendments identified in the enclosed Regulation Assessment Tracking System (MTS) data sheet. The regulations were reviewed by comparison to the quivalent NRC regulanons in 10 CFR Parts 19,20,61 and 71, in addition, we examined the egulations to determine that our June 24,1998 comments on your proposed regulations wer incorporated into the final regulations. We also discussed our review of the final regu tions with Mr. John Fassell on April 19,1999.
As a result of our review on Sections 010,004, and 012, we have determined that the final regulations, as adopted, meet the compatibility and health and safety categories established in OSP Procedure SA-200.
As a result of our review on Section 13, we have identifie that one of our earlier comments, as enclosed, was not incorporated into the final regulation. he comment must be adopted into the final regulation to meet the compatibility and health and afety categories. l If you have any questions regarding the comment, the ompatibility criteria, or any of the NRC regulations used in the' review, please contact me or K vin Hsueh of my staff at (301) 415-2598. 1 Sincerely, Paul H. Lohaus, Director Office oflState Programs
Enclosures:
As stated cc: Ms. Cheryl K. Rogers Distribution:
SDroggitis PDR (YES NO l Nebr ska File (Regulations)
DOCUMENT NAME: G:\KPH\NE0419.WPD; NE0419M.VyPD; NE0419M1.WPD T3 recehse a copr of thee docu,nent, Indicate in the bou: 'C' = Copy without attachmes)t/encio8ure T = Copy with attachment / enclosure "N* = No copy l OFFICE OSP l6 OSP V)hl6 / OGC OSP:D l l