ML20216G310

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Provides Results of NRC Review of Draft State of Ok Regulations That Will Be Needed to Support Request for Agreement
ML20216G310
Person / Time
Issue date: 09/16/1999
From: Combs F
NRC OFFICE OF STATE PROGRAMS (OSP)
To: Coleman M
OKLAHOMA, STATE OF
References
NUDOCS 9910010005
Download: ML20216G310 (11)


Text

r j 4 0 SEP 161sts Mr. Mark S. Coleman, Executive Director Department of Environrnental Quality 2707 North Robinson Oklahoma City, OK 73101-1677_

Dear Mr. Coleman:

This letter provides the results of the U.S. Nuclear Regulatory Commission (NRC) staff review of the draft Oklahoma regulations that will be needed to support your request for an Agreement.

The review covered the draft regulations in Title 252, Proposed Chapter 410-Radiation Management, dated July 15,1999. The draft regulations were reviewed by comparison to the equivalent NRC regulations in 10 CFR Parts 19,30,31,32,33,34,35,36,39,40,61,70,71 and 150. The results of NRC's review of Oklahoma's equivalent regulation to 10 CFR Part 20 were transmitted to Mike Broderick on May 20,1997.

As a result of our review, we have five comments that are identified in the enclosure. We would appreciate your response to the comments. Tne comments are based on the compatibility and health and safety categories contained in OSP Procedure SA-200, Compatibility Categories and Health and Safety Identification for NRC Regulations and Other Program Elements.

The review follows OSP Procedure SA-201, Review of State Regulations (November 10,1998).

We request that when the proposed regulations are published for public comment, a copy of \

the (as published) regulations be provided to us for review. As requested in OSP Procedure SA-201, please highlight any changes and 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 needed for compatibility and health safety, please contact me or Patricia M. Larkins of my staff at (301) 415-2309 or e-mail, PML@NRC. GOV.

Sincerely, Original signed by:

Frederick C. Combs, Deputy Director

. Office of State Programs

Enclosure:

As stated Distribution: l DlR RF (9-146) . DCD (SP08);

SDroggitis CHackney, RIV

,PDR (YES) )

LMcLean, RIV ' '

MShaffer, RIV DOCUMENT NAME: G:\PML\OKRULCVLTR.WPD *See previous concurrence.

T r receive a cop r of thle document, Indicate in the bor "C's Co y without attachmenUenclosure 'E' Copy with attachmenUenclosure *N* . No copy OFFICE OSP- l OSP NMSS:D l OGC l RIV l OSP:DD l NAME PMLarkins:kk SNSalomon CPaperiello STreby DChamberlain FCombs DATE. 08/25/99* 08/26/99* 09/13/99* 09/09/99* 09/13/99 08/26/99*

via E-Mail 9910010005 990916 OSP FILE CODE: SP-NA,16  :)

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y UNITED STATES g j 2

NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. enana mang o  ;

% g,, # September 16, 1999 i

Mr. Mark S. Coleman, Executive Director Department of Environmental Quality 1 2707 North Robinson Oklahoma City, OK 73101-1677

Dear Mr. Coleman:

This letter provides the results of the U.S. Nuclear Regulatory Commission (NRC) staff review j of the draft Oklahoma regulations that will be needed to support your request for an Agreement.

The review covered the draft regulations in Title 252, Proposed Chapter 410-Radiation Management, dated July 15,1999. The draft regulations were reviewed by comparison to the equivalent NRC regulations in 10 CFR Parts 19,30,31,32,33,34,35,36,39,40,61,70,71 and 150. The results of NRC's review of Oklahoma's equivalent regulation to 10 CFR Part 20 were transmitted to Mike Broderick on May 20,1997.

As a result of our review, we have five comments that are identified in the enclosure. We j would appreciate your response to the comments. The comments are based on the -

compatibility and health and safety categories contained in OSP Procedure SA-200, Compatibility Categories and Health and Safety identification for NRC Regulations and Other Program Elements.

The review follows OSP Procedure SA 201, Review of State Regulations (November 10,1998).

We request that when the proposed regulations are published for public comment, a copy of 1 the (as published) regulations be provided to us for review. As requested it. OSP Procedure SA 201, please highlight any changes and and send one copy in a computer readable format, if possible. j If you have any questions regarding the comments, the compatibility and health and safety categories, or any of the NRC regulations needed for compatibility and health safety, please contact me or Patricia M. Larkins of my staff at (301) 415-2309 or e mail, PML@NRC. GOV.

Si ly i C. Co bs, Deputy Director Of ice of State Programs

Enclosure:

As stated i

I

Comments on Proposed Oklahoma Regulations Against Compatibility and Health and Safety Categories Category State NRC Subject and Comments Regulation Reg. '

Comment No.1 252:410-10-1 Part 1. General Provisions (b) Exclusions We bring to your attention that the following parts, sections or paragraphs, which are applicable to NRC, have been omitted from Section (b) Exclusions, which states "...the following 10 CFR will remain with the NRC."

Part 40 Revise statement per 8/17/99 NRC memorandum that identifies 10 CFR Part 40 sections that the State should adopt to implement the limited scope source material Agreement.

NRC 70.56 Revise statement to includeonly paragraphs (c) and (d) which are applicable to NRC, under exclusions.

NRC 71.13 Revise statement to include paragraphs (c)

]

and (d) which are applicable to NRC, under '

exclusions.

Comment No. 2 252:410-10-35 (3) Sutpart C; GeneralTechnical Requirements (J)35.75 We bring to your attention that the word "containing" appears twice.

Comment No. 3 252:410-10-40 Part 40 NRC comments on equivalent Part 40 regulations were previously transmitted to you in a letterdated August 17,1999.

Comment Nc. 4 252:410 Part 61. Low-Level Waste: Land Disposal 61(b) (b) Central Interstate Low-Level Radioactive Waste Compact The State added the following section (b),

that presents the legal rights and duties of the State LLW Compact. Although NRC rules do not contain the following statement, it does not appear to be incompatible with NRC rules and regulations.

Section (b): Central Interstate Lev -Level Radioactive Waste Compact, inciddes the following statement: this incorporation by reference shall not supersede, conflict with or interfere with the legal rights and duties of the State of Oklahoma under the Central interstate Low-Level Radioactive Waste Compact.

l l

Comment No. 5 252:410 10-70 Part 70. Special Nuclear Material: Licensing 10 CFR 70 incorporation by reference l

l

l Patricia Larkins - REVIEW OF DRAFTOKLAHOMA~RfGMTONS~NEEDEb7030PP6hTREQUESTFOR AN AGRengIEN]

From: Judy Kilcrease To: Gwendolyn Davis Date: Mon, Sep 13,1999 4:23 PM

Subject:

REVIEW OF DRAFT OKLAHOMA REGULATI NS NEEDED TO SUPPORT REQUEST FOR AN AGREEMENT Gwen, please be advised that Dwight D. Chamberlain Director Division of Nuclear Materials Safety concurs on today's date, September 13,1999, relative to the a ve listed subject. Any questions, please let me know.

'nanks.

m

3g S. .. -

4 Mr. Mark S. Coleman, Executive Director ,

i Department of Environmental Quality  ;

2707 North Robinson /

Oklahoma City, OK 73101-1677 -

l

Dear Mr. Coleman:

.This letter provides the results of the U.S. Nuclear Reg atory Commission (NRC) staff review of the draft Oklahoma regulations that will be needed t support your request for an Agreament.

The review covered the draft regulations in Title 252, P posed Chapter 410-Radiation Management, dated July 15,1999. The draft and final regulations were review by compe.rlson to the equivalent NRC regulations in 10 CFR Parts 19,30,31,32,33,34,35,36,39,40,61, 70,71 and 150. The results of NRC's review of Okla ma's equivalent regulation to 10 CFR Part 20 was transmitted to Mike Broderick on May 20,1997.

As a result of our review, we have five comments th are identified in the enclosure. We l

.would appreciate your response to the comments. e comments are based on the compatibility and health and safety categories cont ned in OSP Procedure SA 200, Compatibility Categories and Health and Safety ide tification for NRC Regulations and Other  ;

Program Elements.

. The review follows OSP Procedure SA-201, Revie of State Regulations (November 10,1998).

- We request that when the proposed regulations a published for public comment, a copy of ,

the (as published) regulations be provided to us f r review. As requested in OSP Procedure l SA-201, please highlight any changes and and s nd one copy in a computer readable format, if possible.

If you have any questions regarding the comme ts, the compatibility and health and safety categories, or any of the NRC regulations need d for compatibility and health safety, please contact me or Patricia M. Larkins of my staff at 301) 415-2309 or e-mail, PMLONRC. GOV.

i Si cerely, F derick C. Combs, Deputy Director ice of State Programs' -

Enclosure:

- As stated l Distribution:

DlR RF (9-146) . . DCD (SP08) -

SDroggitis < PDR (YES) 1

- CHackney, RIV  !

- LMcLean, RIV MShaffer, RIV .

i DOCUMENT NAME: G:\PMLiOKRULCVLTR.WPD *See previous concurrence. J /W(,de v . n .e ww. m. mm.m. m wi. w m c cm we,am w.em v . cm wws .n.cnm.nv.nem v . No en W3 OFFICE - OSP l OSPM E NM680V1 OGC l ' RIV l ' DSP:DD l NAME- PMLarkins:kk SNSalorfiori CRs&si6tio STreby DChamberlain FCombs DATE '08/25/99* 714/99- i h/99 /99 /99 %c/99 OSP FILE CODE: SP-NA 16 i

I i

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Recommend concurrence with consideration'of the fol!o ing comments: (JDeCicco, PGoldberg discussed with PLarkins on 9/1/99)

Cover letter 3"' sentence, " review" should be " reviewed"; 4* senten e,"was" should be "were" Enclosure last block under comment No.1 - all sections indicat d as being omitted are actually contained in the document as Subparts; this block can be elim' ated.

Last block under comment No. 5 - Paragraphs (a)( through (a)(4) are adopted, since the document indicates "(a)(1) - (5)"; this block, and co ament, can be eliminated.

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--. . . - - . - . . ~ - . _ _ . _ _ . - - - ..

r Mr. Mark S. Coleman, Executive Director Department of Environmental Quality 2707 North Robinson -

Oklahoma City, OK 73101-1677 Oear Mr. Colaman:

This letter provides the results of the U.S. Nuclear Regulato Commission (NRC) staff review of the draft Oklahoma regulations that El be needed to sup rt your request for an Agreement.

The' review covered the draft regulations in Title 252, Propos d Chapter 410 Radiation Management, dated July 15,1999. The draft and final reg tions were review by comparison to the equivalent NRC regulations in 10 CFR Parts 19,30,3 ,32,33,34,35,36,39,40,61, 70,71 and 150. The results of NRC's review of Oklahoma' equivalent regulation to 10 CFR Part 20 was transmitted to Mike Broderick on May 20,1997 As a result of our review, we have five comments that are entified in the enclosure. We would appreciate your response to the comments. The ments are based on the compatibility and health and safety categories contained i OSP Procedure SA 200, Compatibility Categories and Health and Safety identifi ion for NRC Regulations and Other Program Elements.

The review follows OSP Procedure SA-201, Review of tate Regulations (November 10,1998).

We request that when the proposed regulations are pu ished for public comment, a copy of the (as published) regulations be provided to us for re w. As requested in OSP Procedure SA 201, please highlight any changes and and send o e copy in a computer readable format, if possible.

If you have any questions regarding the comments, t compatibility and health and safety categories, or any of the NRC regulations needed for compatibility and health safety, please contact me or Patricia M. Laikins of my staff at (301) 15 2309 or e-mail, PMLONRC. GOV.

Sincerel ,

Frede C. Combs, Deputy Director -

Office f State Programs

Enclosure:

As stated Distribution:

L DIR RF (9-146) DCD (SP08) '

SDroggitis PDR (YES)

CHackney, RIV

~ LMcLean, RIV MShaffer, RIV h DOCUMENT NAME: G:\PML\0KRULCVLTR.WPD *See previous. concurrence.sJA(ed

-.,.,_-...,..c.-.==,..-._,,.- u OFFICE 'OSP l OSPM 8. NMSS:D4 OGC@1 RIV l 'DSP:DD l NAME PMLarkins:kk - SNSalorfio6 CPaperidllo STreby # DChamberlain FCombs DATE 08/25/99* 7/M /99 /99/ (//4 /99 /99 %c/99 I

OSP FILE CODE: SP-NA 16

Mr. Mark S. Coleman, Executive Director Department of Environmental Quality 2707 North Robinson Oklahoma City, OK 73101-1677

Dear Mr. Coleman:

This letter provides the results of the U.S. Nuclear Regula ory Commission (NRC) staff review of the draft Okiihoma regulations that will be needed to s pport your request for an Agreement.

The review covered the draft regulations in Title 252, Pro osed Chapter 410-Radiation Management, dated July 15,1999. The draft and final r gulations were review by comparison to the equivalent NRC regulations in 10 CFR Parts 19, ,31,32,33,34,35,36,39,40,61, 70,71 and 150. The results of NRC's review of Oklaho a's equivalent regulation to 10 CFR Part 20 was transmitted to Mike Broderick on May 20, 997.

As a result of our review, we have five comments that re identified in the enclosure. We would appreciate your response to the comments. T e comments are based on the compatibility and health and safety categories contai ed in OSP Procedure SA-200, Compatibility Categories and Health and Safety ide ification for NRC Regulations and Other Program Elements.

The review follows OSP . Procedure SA-201, Revie of State Regulations (November 10,1998).

We request that when the proposed regulations ar published for public comment, a copy of the (as published) regulations be provided to us f review. As requested in OSP Procedure SA 201, please highlight any changes and and s nd one copy in a computer readable format, if possible.  ;

I If you have any questions regarding the comme to, the compatibility and health and safety j categories, or any of the NRC regulations need .d for compatibility and health safety, please  ;

contact me or Patricia M. Larkins of my staff at 301) 415-2309 or e-mail, PML@ NRC. GOV. j l

Si cerely,  ;

i rederick C. Combs, Deputy Director flice of State Programs

Enclosure:

As stated Distribution:

DIR RF (9-146)

DCD (SP08 SDroggitis PDR (YE )

CHackney, RIV LMcLean, RIV MShaffer, RIV I

DOCUMENT NAME: G:\PML\0KRULCVLTR.WP *See previous concurrence.5/d-(h 1 T = receive a er,n of this document, indicate in the box: *C* = Coy withou attachment / enclosure 'E' = Cgwith attachment / enclosure "N' o No copy (A1 OFFICE OSP l OSPm( f. tfASS:D l OGC l RIV l ' OSP:DD l NAME PMLarkins:kk SNSalorifori CPaperiello STrebv DChamberlain FCombs DATE 08/25/99* 5%26 /9 9 / /99 /99 /99 9/ar /99 I OSP FILE CODE: SP-NA-16 j l

4

, . Mr.' Mark S. Coleman, Executive Director Department of Environmental Quality ~ )

2707 North Robinson Oklahoma City', OK 73101-1677

Dear Mr.~ Coleman:

.c ,- ,

This letter provides the results of the U.S. Nuclear Regulatory C mmission (NRC) staff review of

' the draft Oklahoma regulations that will be needed to support y r request for an Agreement.

The review covered the' draft regulations in Title 252, Propo Chapter 410-Radiation Management, dated July,15,1999. The draft and final regula s were review by comparison to the equivalent NRC regulations in 10 CFR Parts 19, 30, 31 32, 33, 34, 35, 36, 39, 40, 61, 70, 71 and 150. The results of NRC's review of Oklahoma's equ alent regulation to 10 CFR Part s

20 was transmitted to the State on May 20,1997.

As a result of our review, we have five comments that are ' entified in the enclosure. We would appreciate your response to the comments. The commenf are based on the compatibility and health and safety categories contained in OSP Procedure SA-200, Compatibility Categories and Health and Safety identification for NRC Regulations and Other Program Elements.

The review follows OSP Procedure SA-201, Review of tate Regulations (November 10,1998).

We request that when the proposed re9ulations are pu ished for public comment, a copy of the (as published) regulations be provided to us for review As requested in OSP Procedure SA-201, please highlight any changes and and send one py in a computer readable format, if

. possible;

[ If you have a'ny questions regarding the comments, he compatibility and health arid safety

- categories, or any of the NRC regulations needed f r compatibility and health safety, please contact me or Patricia M. Larkins of my staff at (30 ) 415-2309 or e-mail, PML@NRC. GOV.

Sin ety, Fr rick C. Combs, Deputy Director l ce of State Programs j

)

Enclosure:

)

As stated  ;

Qittsbution

! DIR RF (9-146) DCD (SP08)

' SDroggitis PDR (YES

. CHackney, RIV '

LMcLean, RIV MShaffer, RIV -

DOCUMENT NAME: G:\PML\OKRULCVLTR.

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OFFICE MSS , l OSP l l#SS:D ' -OGC l RIV l OSP:DD [__

NAME PMEIMUniR SNSalomon - (/Paperiello STreby DChamberlain FCombs  !

DATE 08M99 /99 / /99- /99 /99 /99 OSP FILE CODE: SP-NA-16

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