ML20212A412
| ML20212A412 | |
| Person / Time | |
|---|---|
| Issue date: | 10/14/1997 |
| From: | Lohaus P NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Daniel K NEW YORK, STATE OF |
| Shared Package | |
| ML20212A419 | List: |
| References | |
| NUDOCS 9710230295 | |
| Download: ML20212A412 (16) | |
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[ \ UNITED STAVES NUCLEAR REGULATORY COMMISSION
- WASHING 7oN. D.C. 30646-0061 L
\ ,,y, October 14, 1997 - g l:
N i
Mr. Kenneth R. Daniel, Jr., Deputy Director {h, i
Bureau of Radiological Health New York City Department of Health l f J
Two Lafayette S'raet,11th Floor L New York, NY 10007 f
3
Dear Mr. Daniel:
M i i Given the significance of the revised 10 CFR Part 20 rule to both NRC and Agreement 5 State programs, NRC undertook a review of all Agreement State final Part 20 equivalent j rules for compotibility with 10 CFR Part 20. The review was conducted as two step l l process. The first step involved a review by Oak Ridge Nationa! 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 ;
October 26,1995, documenting its staff review of the New York City Department of g Health final Part 20 equivalent rule is enclosed for your information and use (Enclosure 1).
NRC staff first evaluated the ORNL report to determine if any potentially significant health
, ll l il and safety issues were identified that required immediate attention, if there were none, NRC staff then conducted, as resources permitted, a detailed review of the differences and [j ,
inconsistencies identified by ORNL for corroatibility and adequacy issues that should be I brought to your attention for routine action.
1 The NRC review focused on those provbions of the rules tha, ;re required for compatibility s, or for health and safety under the new adequacy and compatibility policy statement N approved by the Commission by Staff Requirements Memorandum dated June 30,1997 (Enclosure 2 describes the new compatibility categories). Enclosure 3 provides our comment on the State's regulations and shows the current compatibility divisions (i.e.,1 1]
and 2) and the corresponding new compatibility categories (i.e., A, B, C, D, NRC, and
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H&S). There are three provisions, as noted in Enclosure 3, that are not compatible with 10 CFR Pcrt 20 under the new compatibility procedures.
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Within 45 days, we request that you respond in writing with information describing the actions you plari to take to address our comments. As you are aware, Agreement States ]r have flexibility to adopt rules required for compatibility in the form of legally binding requirements other than regulations. This methodology may be appropriate to resolve some of the compatibility issues with New York City Department of Health's regulations. ('
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Finally, implementation procedures for the new policy statement provide guidance that h indicates Agreement State rules should conform with the new policy not later than 3 years I after the policy's effective date, i
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Mr. Kenneth R. Daniel, Jr. OCT 141997
-If you have any que:,tions regarding these comments, the compatibility criteria, the NRC regulations used in the review, or the Oak Ridge report, please contact me or Lloyd A.
Bolling of my staff at (301) 415 2327, or iNTERNET: LAB @NRC. GOV.
cerely, i .
NW ,
A Paul H. Lohaus, eputy irector Office of State Programs
Enclosures:
As stated P
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h Mr. Kenneth R. Daniel, Jr. OCT 141997 If 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 or Lloyd A.
Solling of my staff at (301) 415 2327, or INTERNET: LAB @NRC. GOV.
Sincerely, 1
- odginalslormt Br.
! PAULH,LOHAUS Paul H. Lohaus, Deputy Director 1
Office of State Programs l
Enclosures:
j As stated e
pistribution:
DIR RF (7S223) DCD (SP05) Copies of Enclosure 1 to be SDroggitis filed in Central Files and PDR only DWhito, RI PDR (YES i (NO_)
KSchneider New York City Health File Part 20 File (w/o Enclosure 1)
DOCUMENT NAME: G:\ CHM \PART20\NYCDH.LTR G:\ LAB \NYCITY.P20 *See previous concurrence..
To ,eceive a copy of this document. Indicate in the box: "C" = Copy wthout attachment / enclosure "E" = Copy with attachment! enclosure "N' = No copy OFFICE OSP g OSP,@ O@g ,, OGC l OSP:g{o NAME LBolling:ntrOA CMaupiQ ' PHLolWak f FXCameron RLBanga/VD DATE 09M97 09M97 09@97 10/07 /97
.-. =__- __ .. .- . - . - --.
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Mr. Kenneth R. Daniel, Jr. /
l
' If you have any questions regarding these comments, th'e compatibility criteria, the NRC regulations used in the review, or the Oak Ridge report /please contact me or Lloyd A.
Bolling of my staff at (301) 415 2327, or INTERNET: LAB @NRC. GOV.
Sincerely, i
!. P$ul H. Lohaus, Deputy Director Office of State Programs
Enclosures:
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As stated i
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l l
l i
l Distribution:
DlR RF (7S223) DCD (SP0 5) Copies of Enclosure 1 to be l SDroggitis filed in Central Files and PDR only
,' DWhite, RI / PDR (YES i (NO_)
KSchneider /
New York City Health File
- Part20 File (w/oEnclosure1)
DOCUMENT NAME: G:\ CHM \PART20\NYCDH.LTR G:\ LAB \NYCITY.P2O Ta ,ece6ve a copy of this document. Indicate in the boa: *C* = Copy without attachment /encbsure g
, "E" - Copy mth a . chgt/enclosufe *N* = No copy OFFICE OSP g l OSPM Oflg ,, };. [ OfaC W OSP:D
{
NAME LBolling:nVOA CMaupiG ' PHLolWak f FXCameron RLBangart
- DATE 09sL707 09/ /97 09M97 09@97 . Zl r-/
OSP FILE gE: SF-AG-20-1 S P-P-1 ID f f w rp]eff)
\.,
- Comoatibility Cateaorv and H&S Identification for NRC Reaulations Kcy to categories: A= Basic radiation protection standard or related definitions, signs,
' labels or terms necessary for a common understanding of radiation protection principles. The State program element should be essentially identical to that of NRC.
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, B= Program element with significant direct transboundary implications. The State program element should be essentially
- identical to that of NRC.
C= Program element, the eesential objectives of which should be
, adopted by the State to avoid conflicts, duplications or gaps.
The manner in which the essential objectives are addressed may be different than that used by NRC.
D= Not required for purposes of compatibility.
NRC = Not required for purposes of compatibility. These are NRC program element areas of regulation that cannot be relinquished to Agreement States pursuant to the AEA or provisions of Title 10 of the Code of Federal Regulations. 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.
ENCLOSURE 2 ll
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NRC Comments on the New York City Department of Health Code, Article 175 - Radiation Control, R: quired for Compatibility or Health and Safety State NRC Division (New Category) Raoulation Reoulation SUBJECT AND COMMENTS
, 1(A) .02(242) 20.1003 The definition of "very high radiation l
area" is a compatibility Category A. The City's rules state that the standard for radiation absorbed dose per hour is to be i
measured at 3 feet. The Part 20 standard uses one meter. The difference between the two standards is 10 centimeters, i This is not comp 6tible with Part 20. The City's rules should be revised to correct
' this difference. (Also see 175.03(g)(1)(v)&(vi), (g)(2)(i) and (g)(3)(ii).)
{ 1 (A) omitted 20.1005 The section entitled, " Units of radioactivity" which defines the Becquerel L
and the Curie is a compatibility Category j
A. The City's rules omitted this.section.
This is not compatible with Part 20. The City's rules should os revised to add this section.
2 (D) H&S .03(f)(2)(l) 20.1502 This NYC rule does not specifically require licensees to monitor occupational exposure to radiation at levels sufficient to demonstrate compliance with occupational dose limits. This is not
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compatible with Part 20. The City's rule i should be revised to add this requirement.
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s ENCLOSURE 3
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.g, ,,,
y '4 UNITED STATES g j NUCLEAR 11EGULATORY COMMISSION WASNINGToN. D.C. 300eH001 4
4 . . . . . ,o 4
Mr. Kenneth R. Daniel, Jr., Deputy Director Bureau of Radiological Health New York City Department of Health Two Lafayette Street,11th Floor New York, NY 10007
Dear Mr. Daniel:
Given the significance of the revised 10 CFR Part 20 rule to both NRC and Agreement State programs, NRC undertook a review of all Agreement State final Part 20 equivalent rules for compatibility with 10 CFR Part 20. The review was conducted as a two step
, process. The first step 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 October 26,1995, documenting its staff review of the New York City Department of Health 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 inconsirtencies 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 Requirennents Memorandum dated June 30,1997 (Enclosure 2 describes the new compatibility categories). Enclosure 3 provides our comment on the State's regulations and shows the current compatibility divisions (i.e.,1 and 2) and the c onding new compatibility categories (i.e., A, B, C, D, NRC, and H&S). There ar provisions, as noted in Enclosure 3, that are not compatible with 10 CFR Part 20 un e the new compatibility procedures, h
ib @
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 legelly binding requirements other than regulations. This methodology may be appropriate to resolve some of the compatibility issues with New York City Department of Health'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 after the policy's effective date.
__ . . _ _ _ _ _ _ - _ _ . _ . ~ _ ____ - .
... .%* f l
l NRC Comments on the New York City Department of Health Code, Article 175 - Radiation Control, R: quired _for Compatibility or Health and Safety
/
i State NRC l Division (New Category) Reaulation Reaulation SUBJECT AND COMMENTS 1 (A) .02(242) 20.1003 The definition of "very high radiation area" is a comnatibility Category A. The City's rules state that the standard for radiation absorbed dose per hour is to be measured at 3 feet. The Part 20 standard uses orie meter. The difference between the two standards is 10 centimeters.
This is not compatible with Part 20. The City's rules should be revised to correct
, this difference. (Also see 175.03(g)(1)(v)&(vi), (g)(2)(i) and (g)(3)(ii).)
1 (A) omitted 20.1005 The section entitled, " Units of 4
radioactivity" which defines the Becquerel and the Curie is a compatibility Category
'A. The City's rules omitted this section.
!This is not compatible with Part 20. The
,' Ci>y's rules should be revised to add this l', section, i
a ff+S .D3(f)(a$ Do.f ro W - -- - .- -
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e.
- BACKGROUNI INFORMATION
'FOR OSP FILES ONLY- !
REVIEW OF NEW YORK CITY PART 20 EQUIVALENT REGULATIONS ,
t JULY 1997 EXPLANATION OF ENTRIES UNDER " Compatible"
[Y] means the definition or rule is determined to be compatible with 10 CFR Part 20
[N] means the definition or rule is determined to be NOT compatible with Part 20 Desianation Definition NRC Section State Section Compatible A Absorbed dose 20.1003 [Y] ,
A Activity 20.1003 [Y]
A Adult 20.1003 [Y]'
A Airbome radioactive material 20.1003 [Y] L A Airbome radioactivity area 20.1003 [Y]
A ALARA 20.1003 [Y] ;
A Annual limit on intake (All) 20.1003 [Y]
A Background radiation 20.1003 [Y] !
A _ Bioassay 20.1003 [Y]
A Byproduct material 20.1003 [Y]
! A Class (lung class or inhalation class) 20.1003 [Y] 1 A Collective dose 20.1003 [Y]
A Committed dose equivalent 20.1003 [Y] i A Committed effective dose equivalent 20.1003 [Y]
D Controlled area 20.1003 [Y]
A Declared pregnant woman 20.1003 [Y]
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Rule Review: New York City Part 20 equivalent co, atibility rules Desianation Definition _ NRC Section State Section Compatible A Deep dose equivalent 20.1003 [Y]
A Derived air concentration (DAC) 20.1003 [Y]
A Derived air concentration-hour (DAC-hour) 20.1003 [Y]
D Dose 20.1003 [Y]
A Dose equivalent 20.1003 [Yj A Dose limits { limits} 20.1003 [Y]
D Dosimetry processor 20.1003 [Y]
A Effective dose equivalent 20.1003 [Y]
A Embryo / fetus 20.1003 [Y)
C Entrance or access point 20.1003 [Y]
A Exposure 20.1003 [Y]
A Extemal dose 20.1003 [Y)
A Extremity 20.1003 [Y]
A Eye dose equivalent 20.1003 [Y]
A/D* Generally applicable environmental 4 4 radiation standards 20.1003 [Y]
- (A for states with at.;hority to regulate uranium msb activity. D for states without authordy)
A Gray 20.1004 [Y]
A High radiation area 20.1003 [Y]
A individual 20.1003 [Y]
A Individual monitoring 20.1003 [Y]
C Individual monitoring devices 20.1003 [Y]
A Intemal dose 20.1003 [Y]
D Licensed [or registered] material 20.1003 [Y]
B Lost or missing licensed [or registered] 4 4 source of radiation { material} 20.1003 [Y]
A Member of the public 20.1003. [Y]
A Minor 20.1003 [Y]
A Monitoring 20.1003 [Y]
A Nonstochastic effect 20.1003 [Y]
A Occupational dose 20.1003 [Y]
2 m
s Rule Review: New York City Part 20 equivalent compatibility rules Desianation Definition NRC Section State Section Compatible D' Planned special exposure 20.1003 [Y]' .
A Public dose 20.1003 [Y]
A ' Quality factor 20.1003 [Y] ,
D Quarter 20.1003 [Y]
A Rad 20.1004 [Y] ,
A Radiation 20.1003 [Y]
A Radiation area 20.1003 [Y)
A_ Reference Man 20.1003 [Y] '
A Rem- 20.1004 [Y)
C Respiratory protective equipment { device} 20.1003 [Y]
A Restricted area . 20.1003 [Y]
A- Sanitary sewerage 20.1003 [Y]
A Shallow dose equivalent 20.1003 [Y)
A Sievert 20.1004 [Y]
D Site boundary 20.1003 [Y)
A : Source material 20.1003 (Y) i A Special nuclear material 20.1003 [Y] .
A Stochastic effect 20.1003 [Y]
A Survey 20.1003 [Y) .
A Total effective dose equivalent (TEDE) 20.1003 [Y]
A Unrestricted area 20.1003 [Y]
A Very high radiation area 20.1003 175.02(242) [N]
D Week 20.1003 [Y]
A Weighting factor wr 20.1003 [Y]
A Whole body 20.1003 [Y)
A Working level (WL) 20.1003 [Y]
A Working level month (WLM) 23.1003 [Y]
A Year 20.1003 [Y] ;
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Rule Review: New York City Part 20 equivalent compatibility rules Qiy j Desianation NRC rule Rule subiect State Rule Compatible 1 A 20.1004 Units of radiation dc+e [Y]-
1 A 20.1005 Units of radioactivity omitted [N]
2 D 20.1008(b - e) Implementation, general [Y]
2 D 20.1101 Radiation protection programs .[Y] :
1 A- 20.1201 Occupational dose limits for adults [Y] i i
1 A 20.1202 Requirements for summation of extemal and intemal doses [Y]
I 1 A 20.1203 Determination of extemal dose from airbome radioactive . [Y]
material t
1 A 20.1204(except c) Determination of intemal exposure [Y]
2 A 20.1204(c) . Information on intemal exposure [Y] ;
i 1 D 20.1206 Planned special exposures [Y]
2 1 A 20.1207 Occupational dose limits for minors [Y] l r
1 A 20.1208 Dose to an embryo / fetus [Y]
1 A 20.1301(a, b) Dose limits for individual members of the public [Y]
! 1 D 20.1302 Compliance with dose limits for individual members of [Y] :
the public !
2 D 20.1501(a, b) Surveys and monitoring - general [Y]
4
Rule Review: New York City Part 20 equivalent compatibility rules Div Desianation NRC rule Rule subject State Rule Comoatible 1 D 20.1501(c) NVLAP requirement [Y]
2 D [H&S] 20.1502 Conditions requiring individual monitoring of extemal 175.03(f)(2)(i) [N]
and intemal occupational dose 1 D 20.1601(a - d) Control of access to high radiation areas 175.03(g)(1)(v)&(vi) [N]
2 D 20.1601(e) Control not required for DOT package [Y]
2 D 20.1601(f) Control not required for hospital rooms and areas [Y]
1 D 20.1602 Control of access to very high radiation areas 175.03(g)(2)(i) [N]
1 D 20.1701 Use of process or other engineering controls [Y]
1 D 20.1702 Use of other controls [Y]
1 D 20.1703 Use of individual respirstory protection equipment [Y]
2 D 20.1801 Security of stored sources of radiation [Y]
2 D 20.1802 Control of material not in storage [Y]
1 A 20.1901 Caution signs [Y]
1 A 20.1902 Posting requirements [Y]
1 A 20.1904 Labeling containers [Y]
1 A 20.1905 Exceptions to labeling requirements [Y]
2 D 20.1906 Procedures for receiving and opening packages [YJ 5
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.. i Rule Review: New Ye k City Part 20 equivalent compatibility rules ,
Div i Desianation NRC rule Rule subiect State Rule ' Comoatible
,2 C 20.2001 Waste disposal - general requirements [Y]-
2 D 20.2002 Method for obtaining approval of proposed disposal [Y] ,
procedures 2 A - (a)(2) & (3) 20.2003 Disposal by release into sanitary sewerage .[Y]
C - (a) (4) ;
D - (a)(1) & (b) .
2 B 20.2006 Transfer for disposal and manifests [Y]
1 D 20.2104(except f) Determination of prior occupational dose [Y]
(C r state adopts vanned special exposure-)
2 C 20.2201(except c) Reports of Stolen, Lost, or Missing Licensed or Registered [Y)
Sources of Radiation -
1 C 20.2202(except e) Notification of incidents [Y]-
2 C - (a), (b) 20.2203 Reports of Exposures, Radiation Levels, and Concentrations [Y)
D - (d) of Radioactive Material Exceeding the Limits -
NRC - (c) ,
2 D 20.2204 Reports of Planned Special Exposures [Y]
1 C 20 Appendix A Protection Factors for Respirators [Y] :
1 A 20 Appendix B All's and DAC's; effluent concentrations; concentrations [Y] ,
for release to sewerage 1 A 20 Appendix C Quantities of licensed material requiring labeling [Y]
6
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Rule Review: New York City Part 20 equivalent compatibility rules Qiv Desianation . NRC rule Rule subiect State Rule Comp 4aAe
- Desianation NRC rule Rule subiect . State Rule ' Compatible 2 B 20 Appendix F LLW transfer for disposal and manifests [Y]
NOTES- .
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& - _ , e - r r-m.,
.p" Rule Review: New York City Part 20 equivalent compatibility requirements Desianation Definition NRC Section State Section Compatible Becquerel 20.1005 [Y] ,
Curie 20.1005 [Y]
U.S. Department of Energy { Department} 20.1003 [Y)
Div Desianation NRC rule - Rule subject State Rule Compatible 2 -
20.1603(see note) Control of access to very high radiation areas - - 175.03(g)(3)(ii) [N]
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irradiators ' ,
- NOTE ** 10 CFR 20.1603 replaced by Part 36 effective 7/1/93 **
Part 36 is a Category C item of compatibility requirement which became effective July 1,1996 I
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