ML20210K238
| ML20210K238 | |
| Person / Time | |
|---|---|
| Issue date: | 08/14/1997 |
| From: | Lohaus P NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Spell W LOUISIANA, STATE OF |
| Shared Package | |
| ML20210K243 | List: |
| References | |
| NUDOCS 9708190193 | |
| Download: ML20210K238 (8) | |
Text
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NUCLEAR REGULATOP.Y COMMISSION b
WASHINGTON, D.C. SO68H001 August 14, 1997 Mr. William H. Spell, Administrator -
Radiation Protection Division Office of Air Quality and Radiation Protection Department of Environmental Quality 7220 Bluebonnet Road P.O. Box 82135 Baton Rouge, LA 70884 2135
Dear Mr. Spell:
Given the significance of the revised 10 CFR Part 20 rule to both NRC and Agreement State programs, NRC undertook a review of all Agreernent State final Part 20 equivalent rules for compatibility with 10 CFR Part 20. The review was conducted as a two step process. The first etep 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 September 26,1995, documenting their review of the Louisiana final Part 20 equivalent rule is enclosed for your information and use (Enclosure 1). The second part of the review was conducted by NRC staff and consisted of a review of the differences and inconsistencies identified by ORNL for compatibility and adequacy significance.
The NRC review focused on those provisions of the rules that are required for compatibility or for health and safety under 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). Enclosure 3 providos our comments on the State's regulations and shows the current compatibility divisions (i.e.,1 and 2) and the corresponding new compatibility categories (i.e., A, B, C, D, NRC, and H&S). There are three provisions, as noted in Enclosure 3, that are not compatible with 10 CFR Part 20. In addition, revisions for clarity are suggested for the " restricted area" and
" survey" definition provisions.
Within 45 days, we request that you respond in writing with information describing the actions you plan to take to address our comments. As you are aware, Agreement States have flexibility to adopt rules required for compatibility in the form of legally blading requirements other than regulations. This methodology may be appropriate to resolve compatibility issues raised with Louisiana's regulations.
Finally, implementation procedures for the new policy statement provide guidance that indicates Agreement State rules should conform with the new policy not later than 3 years I
after the policy's effective date.
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A W. H. Spell 'AUG 14 199f ff you have any questions regarding these comments, the compatibility criteria, the NRC regulations used in the review, or the Oak Ridge report, please contact me at (301) 415 2326 or Mr. Tom O'Brien of my staff at (301) 415 2308, or INTERNET:
TJO@NRC. GOV.
Sincerely, I\\
I Gdu C cWV2-Paul H. Lohaus, uty Director.
Office of State Programs
Enclosures:
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W. H. Spell
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AUG 141997 If you have any questions regarding these comments, the competibility criteria, the NRC regulations used in the review, or the Oak Ridge report, please contact me at (301) 415 2326 or Mr. Tom O'Brien of my staff at (301) 415 2308, or INTERNET:
i TJO@NRC. GOV.
Sincerely, OriginalSigned By:
FAULH.LOHAUS Paul H. Lohaus, Deputy Director Office of State Programs
Enclosures:
As stated 1
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If you have any questions regarding th6se comments, the compatibility criteria, the NRC regulations used in the review, or the Oak R dge report,/please contact me at (301) 415 2326 or Mr. Tom O'Brien of my staf' at (30h 415 2308, or INTERNET:
TJO@NRC. GOV.
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Paul H. Lohaus, Deputy Director Office of State Programs
Enclosures:
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(New Cateoorv)
Bgaulation Roaulation Syblect and Comments I
1 (A) 33.XV.102 20.1003 The Louisiana definition for " Survey" does not include the term " transfer." Although this does not appe er to be a significant omission, we suggest that you add this term to the definition for clarit 1 (A) 33.XV.102 20.1003 In the defi ition for " Working level (WL),"
" radon 222 should be changed to " radon daughters." Additionally, the radionuclide "Po-217" s ould be changed to "Po 218 "4 3
These changes are needed for compatiblInty with the NRC definition and to accurately reflect the
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decay series.
2 (H&S) 33.XV.446 20.1 L O2 Sections A and B. of this section have replaced the word " controlled" with " uncontrolled." This chcnge in wording eliminates the regulatory requirement for surveillance in a controlled area.
The term " uncontrolled" should be changed to
" controlled" in these sections to assure compatibility.
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Comoatibility Cateaory and H&S Identification for NRC Reaulations Key to categories:
A=
Basic radiation pro:ection standard or related definitions, signs, labels or terms necessa y for a common understanding of radiation protection that the State should adopt with (essentially) identical language.
g B=
Program element with significant direct transboundary implicaticns that the State should i
adopt with essentially identical language.
C=
Program element, the essential objectives of which should be adopted by the State to avoid conflicts, 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. The regulatory area is reserved to NRC and 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.
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l NRC Comments on the Louisiana Environmental Regulatory Code, Title 33 Environmental Quality Part XV, Radiation Protection Chapters 1 and 4, Regulations Required for Compatibility or Health and Safety Division State NRC (New Cateoorv)
Reaulation.
Reautation Sublect and Comments 1 (A) 33.XV.102 20.1003 The definitions for "High Radiation Area" and
" Radiation Area" are not compatible with the NRC definitions because (1) the Louisiana definition uses the term " major portion of the body," which is undefined and not consistent with the NRC term " individual," (2) the Louisiana definition us,es the term " dose" in place of the NRC term " dose equiva'ent." By both NRC and the Louisiana definition, the term dose can mean dose equivalent, abscrbed dose, effective dose equivalent, committed dose equivalent, committed effective dose equivalent, or total effective dose equivalent. Because it does not specifically indicate tN w te is a dose equivalent, the definition e not compatible with NRC's definition, and (3) the Louisiana definition does not specify at what distance from the source of radiation the level of radioactivity is to be measured. The NRC definition specifies a distance of "30 centimeters from any source of radiation or from any surface that the radiation penetrates." This distance would need to be specified to assure compatibility.
1 (A) 33.XV.102 20.1003 The definition for " Restricted Area" states that it is equivalent to a controlled area. This conflicts with the earlier Loulslana definition of " controlled area" in 33.XV.102, and the NRC definitions for
" controlled area" and " restricted area." The two NRC terms are not synonymous. Therefore, we suggest that the phrase "(a controlled area)" be deleted for clarity.
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Division State NRC (New Cateaorv)
Reaulation Reaulation Subject and Comments 1 (A):
33.XV.102 20.1003 The Louisiana definition for " Survey" does not include the term " transfer." Although this does not appear to be a significant omission, we suggest that you add this term to the definition for clarity.
- 1 (A) 33.XV.102 20.1003 in the definition for " Working level (WL),"
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" radon-222" should be changed to " radon daughters." If the Radon 222 daughters are named, the radionuclide "Po 217" should be changed to "Po 218," and the Radon 220 daughters should be listed as well. These
' changes are needed for compatibility with the NRC definition and to act,urately reflect the -
decay series.
2 (H&S) 33.XV.446 20.1802 Sections A. and B, of this section have replaced the word " controlled" with " uncontrolled." This change in wording climinates the regulatory requirement for surveillance in a controlled area.
The term " uncontrolled" should be changed to
" controlled" in these sections to assure compatibility.
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