ML20217J299

Submits Listed Comments to Reflect Review of Proposed Revisions to North Dakota Regulation

ML20217J299
Person / Time
Issue date:	08/06/1997
From:	Lohaus P NRC OFFICE OF STATE PROGRAMS (OSP)
To:	Mount D NORTH DAKOTA, STATE OF
Shared Package
ML20217J304	List: ML20217J299 ML20217J320
References
NUDOCS 9708140118
Download: ML20217J299 (36)

Text

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4 UNiiED STATES s

j NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 3061 6 0001

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August 6, 1997 Dana K. Mount, P.E., Director Division of Environmental Engineering Environmental Health Section North Dakota Department of Health 1200 Missouri Avenue P.O. Box 5520 Bismarck, North Dakota 58506 5520 l

1

Dear Mr. Mount:

The comments below reflect our review of proposed revisions to North Dakota (ND) regulations dated May 15,1997, that were received electronically by the Office of State Programs on May 15,1997, and by hard copy on May 28,1987. Our comments follow the order of regulations shown in the summary chart provided.

1.

Preparation, transfer for commercial distribution, and use of byproduct material for medical use, ND Chapters 01,03, and 07. The proposed regulations were revi wed by comparison to the equivalent NRC regulations in 10 CFR Parts 30,32, and 55.

As a result of our review, we have no comment.

2.

Frequency of medical examinations for use of respiratory protection equipment, ND Chapter 04.1. The proposed regulations were reviewed by comparison to the equivalent regulations in 10 CFR Part 20. As a result of our review, we have no comment.

3.

Low-Level waste shipment manifest information and reporting, NC hapters 01 and 04.1 (Appendix G). The proposed ragulations were reviewed by comparison to the equivalent regulations in 10 CFR Parts 20 and 61. As a result of our review, we have one comment, as enclosed, that needs to be addressed.

4.

Performance requirements for radiography equipment, ND Chapter 05 (subsection 33 10-05.4.1). The proposed regulations were reviewed by comparison to the

[

g+g equivalent regulations in 10 CFR Part 34. As a result of our review, we have no d

comment, j

hh 5.

Radiatico protection requirements: amended definitions and criteria, ND Chapters tyg 04.1 and 10. The proposed regulations were reviewed by comparison to the g

equivalent regulations in 10 CFR Parts 19 and 20. As a result of our review, we have no cramment.

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,6.

Clarification of decommissioning funding requirements, ND Chapter 03. The g

proposed regulations were reviewed by comparison to the equivahnt regulations in 10 CFR Parts 30,40 and 70. As a result of our review, we have no comment.

Y~ 1 12 M0020 1.1 I.l ll I.ll.11. Illl SM6 4 9708140118 970006 PDR STPRQ ESGND PDR

s Dana K. Mount 7.

10 CFR Part 71: Compatibility with the International Atomic Energy Agency, ND Chapters 01 and 13 (changes throughout chapter). The proposed regulations were reviewed by comparison to the equivalent NRC regulations in 10 CFR Part 71. As a result of our review, we have one comment, as enclosed, that needs to be addressed.

8.

Medical administration of radiation and radioactive materials, ND Chapters 01,04.1, and 07. The proposed regulations were reviewed by comparison to the equivalent NRC regulations in 10 CFR Parts 20 and 35. As a result of our review, we have no comment.

9.

Termination or transfer of licensed activities: record keeping requirements, ND Chapter 03. The proposed regulations were reviewed by comparison to the equivalent NRC regulations in 10 CFR Parts 20,30,40,61 and 70. As a result of our review, we have no comment.

10.

Resolution of dual regulation of airborne effluents of radioactive materials; Clean Air Act, ND Chapter 04.1. The proposed regulations were reviewed by comparison to the equivalent NRC regulations in 10 CFR Part 20. As a result of our review, we have no comment.

11.

Corrections to Part 20: Standards for Protection Against Radiation, ND Chapters 03, C4.1,07 and 10. The proposed regulations were reviewed by comparison to the equivalent NRC regulations in 10 CFR Part 20. As a result of our review, we have no comment.

12.

Criteria for the release of individuals administered radioactive inatorial, ND Chapters 04.1 and 07. The proposed regulations were reviewed by comparison to the equivalent NRC regulations in 10 CFR Parts 20 and 35. As a result of our revie'w, we have no comment.

13.

Recognition of Agreement State Licenses in areas under exclusive Federal jurisdiction within an Agreement State, ND Chapter 03. The proposed regulations were reviewed by comparison to the equivalent NRC regulations in 10 CFR Part 150. As a result of our review, we have no comment.

14.

Radiological criteria for license termination, ND Chapters 01, 03, 04.1 (subsection 33 10-04.1-18). The proposed regulations were reviewed by comparison to the equivalent NRC regulations in 10 CFR Parts 20,30,40, and 70 as the regulations appeared in the final rule published in the Federal Reaister on July 21,1997. Please note that the final rule differs from the version that you had received previously. As a result of our review, we have one comment, as enclosed, that needs to be addressed.

Please note that we are providing comments only on issues that appear to conflict with Divisions 1 or 2 compatibility requirements. Also, please be aware that under our current procedure, a finding'that a regulation meets the compatibility requirements may only be

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' Dana K. Mount 3-made based on a review of the final text of the regulation. However, we have determined that if the proposed regulations we reviewed incorporate the comments provided and were adopted without other significant change, they would be compatible.

Under the compatibility categories for the new adequacy and compatibility policy statement and implementing procedures recently approved by the Commission, two of the provisions identified in the enclosed comments are designated Compatibility Category B. Under the new procedurea approved by the Commission, an Agreement State should adopt essentially identical requirements because the provisions have direct transboundary implications. The rule sections identified in the comment conceraing the decommissioning rule are designated Compatibility Category C. Under the new procedures, a Category C compatibility designation means that an Agreement State should adopt the essential objectives of these requirements, in addition, in your cover letter, you wanted us to address 10 CFR 71.18 and 71.20 and the corresponding Sections 11 and 12 in ND Chapter 33-10 13. We shall discuss this in a separate letter.

We request that when the proposed regulations are adopted and published as final regulations, a copy of the "as published" regulations be provided to us for review. As requested in our All Agreement States Letter SP 96-027, "Reauest to Hiahlicht Chances to Aareement State Reaulations Submitted to NRC for Compatibility Review" (March 1, 1996), please highlight the final changes and send one copy in a computer readable format, if possible, if you have any questions regarding these comments, the compatibility criteria, or the NRC regulations used in the raview, please contact me or Dr. Stephen N. Salomon of my staff at (301) 415 2368, or INTERNET: SNS@NRC. GOV.

Si erely, j 'f l

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g)( W Y Pau H. Lohaus, Deputy Director Office of State Programs

Enclosure:

As stated

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Dana K. Mount 3-made based on a review of the final text of the regu;0 tion. However, we have determined that if the proposed regulations we reviewed incorporate the comments provided and were adopted without other significant change, they would be compatible.

Under the compat:bility categories for the new adequacy and compatibility policy statement and implementing procedures recently approved by the Commission, two of the provisions identified in the enclosed comments are designated Compatibility Category B. Under the new procedures approved by *hc Commission, an Agreement State should adopt essentially identical requirements because the provisions have direct trans%undary implications. The rule sections identified in the comment cuncerning the decommissioning rule are designated Compatibility Category C. Under the new procedures, a Category C compatibility designation means that an Agreement State should adopt the essential objectives of these requirements.

In addition, in your cover letter, you wanted us to address 10 CFR 71.18 and 71.20 and the corresponding Sections 11 and 12 in ND Chapter 33 10 13. We shall discuss this in a separate letter.

We request that when the proposed regulations are adopted and published as final regulations, a copy of the "as published" regulations be provided to us for review. As requested in our All Agreement States Letter SP-96-027, "Reauest to Hiahlicht Chanaes to Aareement State Reaulations Submitted to NRC for Compatibility Review" (March 1,

)

1996), please highlight the final changes and send one copy in a computer readable format, if possible, if you have any questions regarding these comments, the compatibility criteria, or the NRC regulations used in the review, please contact me or Dr. Stephen N. Salomon of my staff at (301) 415-2368, or INTERNET: SNS@NRC. GOV.

Sincerely, 60 nal Signed By:

l PAUL H. LOHAUS Paul H. Lohaus, Deputy Director Office of State Programs

Enclosure:

As stated Distribution:

DIR RF (7S-148,149,150,151,152,153)

DCD (SP08j SDroggitis PDR (YES/)

KSchneider LRakovan RBlanton TO'Brien LBolling JMyers North Dakota File Nh.

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5 DOCUMENTNAME: G:\\SNS\\ NDAKOTA.SNS

• See Previous Concurrence.

To ricrive e copy of this document, indicate in the box:

"C' = Copy without attachment! enclosure

• E' = Copy with attacnment/ enclosure "N" = N OFFICE OSP l

OSP:DD l

OGC-l OSP:D A,l /

l N#4ME SNSalomon:nb/gd PHLohaus FXCameron RLBangart A\\fJ DATE 07/16/97

• 07/21/97

• 07/24/97

• 08/[6 /97 l

OSP FILE CODE: SP-AG-22

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- COMMENTS ON DRAFT NORTH DAKOTA REGULATIONS AGAINST COMPATIBILITY DIVISIONS 1 AND 2 (NEW CATEGORIES)

-State.

NRC

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F Dh.. Reaulation Reaulation Gublect and Comments 1 (B)* 04.1 14 20.2006 Transfer for Disposal and Manifests i

(excluding -

Appendix F)

Paragraph E was omitted from Appendix G. See 60 FR 25983 for the missing paragraph, Unless the missing paragraph is adopted, the regulation would not meet the 4

compatibility criterion, i

1 (B)' 13-02 71,4 Definition of low specific activity l (LSA-l)

The average specific activity should not exceed =one

}-

millionth of the A, per gram, not "one hundred thousandths" as stated. Unless the fraction is corrected, the regulations would not meet the compatibility criterion.

2 (C)* 04.1 18 See Table 1 Decommissioning Rule The final published NRC Decommissioning rule contains i

differences from the version North Dakota used to develop its rule. The differences concern new or revised requirements that should be addressed to assure i

compatibility. The provisions of the rule which were added or revised in the final rule are tabulated below to facilitate i

North Dakota's review of the final published rule. A copy of the final rule, with the revisions highlighted, is attached.

l The Federal Reoister Notice published July 21,1997, 62 FR 39058, contains the final rule and all corresponding j

supplementary information, Table 1. Changes to NRC's Final Decommissioning Rule a

f

-NRC Addition or Revision B.7 Division Compatibility Section Compatibility Category 20.1403 20.1403(d)(2) was added 2

C 2

20.1404 20.1404(a)(1) was changed 2

C 4-20.1404(a)(4) was added 20.1404(b) was added l 20.1405 20.1405(a)(2) was added 2

C

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' Denotes rule's designation under the new Compatibility Policy.

Attachment:

As stated

PART 26 - STANDARDS FOR PROTECTION AGAINST RADIATION 1.

The authority citation for Part 20 continues to read as follows:

AUTHORITY:

Secs. 53. 63. :5. 81, 103, 104, 161. 182. 186. 68 stat. 930.

933. 935, 936. 937, 948. 953. 955, as amended (2 U.S.C. 2073, 2093. 2095.

2111, 2133, 2134. 2?01. 2232. 2236), secs. 201, as amended. 202, 206. 88 stat.

1242, as amended. 1244. 1246. (42 U.S.C. 5841. 5842. 5846).

, 2.

In S 20.1003, the definition of Backaround radiation is revised and new definitions Critical Grayn Decommission. Distinauishable from 127

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F

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backaround,andResidualradioactivityareaddedin_alhhabeticalordertoread as follows-6 20.1003 Definitions.

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Backoround radfation means radiation from cosmic sources; naturally occurring radioactive material, including radon (except as a decay product of 4

source or special nuclear naterial); and global faides as it exists in the environment from the testing of nuclear explosive devices or from past nuclear accidents such as Chernobyl that contribute to background radiation and are 4

not under the control of the licensee.

" Background radiation" does not e

include radiation from source, byproduct, or special nuclear materials 4

' regulated by the Commission, 1

Critical Grovo means the group of individuals reasonably expected to i

l receive the greatest exposure to residual radioactivity for any applicable set

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of circumstances.

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Deconmission means to remove a facility or site safely from service and reduce residual radioactivity to a level that permits -

(1) Release of the property.for unrestricted use and termination of the

-license: or (2) Release of the property under restricted conditions and termination of the license.

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Distinauishable from backaround means that the detectab1e concentration of a radionuclide is statistically different from the background concentration i

of that-radionuclide in the vicinity of the site or, in the case of structures, in similar materials using adequate measurement technology.

survey, and statistical, techniques.

Residual radioactfvfty means radioactivity in structures, materials.

l soils, groundwater, and other media at a site resulting from activities under

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the licensee's control. This includes radioactivity from all licensed and unlicensed sources used by the licensee.-bu't excludes background radiation.

It also includes radioactive materials remaining at the site as a result of 4

- routine or accidental releases of radioactive material at the site and previous burials at the site, even if those burials were made in accordance with the prov1,sions of 10 CFR Part 20.

3.

In S 20.1009. paragraph (b) is revised to read as follows:

6 20.1009 Information collection reauirements-OMB aooroval, i

3 (b) The approved information collection requirements contained in this part appear in SS 20.1003, 20.1101, 20.1202, 20.1203, 20,1204', 20.1206.-

4 t

i 20.1208, 20.1301. 20.1302, 20.1403, 20.1404, 20.1406. 20.1501, 20.1601, l

20.1703, 20,1901. 20.1902. 20.1904, 20.1905,'20.1906. 20.2002. 20.2004.

20.2006. 20.2102, 20.2103, 20.2104, 20.2105, 20.2106. 20.2107, 20,2108.-

20.2110. 20.2201, 20.2202. 20.2203. 20.2204. 20.2205, 20.2206. 20.2301, and Appendices F and G to 10 CFR Part 20.

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4.

A new Subpart E entitled " Radiological Criteria for License

. Termination." is added to 10 CFR Part 20 to read as follows:

Subpart E--Radiological Criteria for License Termination Sec.

20.1401 General provisions and scope.

20.1402, Radiological criteria for unrestricted use.

Criteria for license termination under restricted conditions.

20.1403 20.1404 Alternate criteria for license termination.

20.1405 Public notification and public participation.

20.1406 Minimization of contamination.

6 20.1401 General orovisions and scoce.

The criteria in this subpart apply to the decommissioning of (a) facilities licensed under Parts 30. 40, 50, 60. 61. 70, and 72 of this chapter, as well as other facilities subject to the Commission's jurisdiction under the Atomic Energy Act of 1954 as amended, and the Energy Reorganization For high-level and low level waste disposal Act of 1974 as amended.

facilities (10 CFR Parts 60 and 61), the criteria apply only to ancillary-The surface facilities that support radioactive waste disposal activities.

kiQdfldo]hotiapplylfo uranium and thorium recovery facilities already subject to Appendix A to 10 CFR Part 40 br;to uranium solution extraction facilities.

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1 (b) The criteria in this subpart do not apply to sites which:

~ (1) have been decoignit,sioned prior to the effective date of the rule in accordance with criteria identified in the Site Decomissioning Management Plan (50MP) Action Plan of April 16, 1992 (57 FR 13389):

(2) have previously submitted and received Comission approval on a license termination plan (LTP) or decommissioning plan that is ccmpatibh with 7

the SDMP Action Plan criteria: or (3). submit a sufficient LTP or decomissioning plan before [ insert a 1

date 12 months after effective date of the rule) and such LTP or decomissioning plan is approved by the Comission before [ insert date 24 i

months after effective date of the rule) and in accordance with the criteria 4

i identified in the 50MP Action Plan, except that if an EIS is required in the submittal, there will be a provision for day-for-day extension.

(c) Aft,er a site has been decomissioned and the license terminated in accordance with the criteria in this subpart, the Comission will require additional cleanup only if, based on new information it determines that the criteria of this subpart were not met and residual radioactivity remaining at i

the site could result in significant threat to public health and safety.

(d) When calculating TEDE to the average member of the critical group l

the licensee shall dete!.aine the peak annual TEDE dose expected within the

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first 1000 years after decommissioning.

E;tirate me:t bc cub:t:nti:ted usin;; :tual me :urcrent; te the rarhur extent pr :tical

- (Note this ifne

. deleted fran rule text based on staff reccanendation that this phrase be moved to guidance where it would be more appropriate]

I 131 4

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c.

I S 20.1402 Radiolooical criteria for unrestricted use.

A site will be considered acceptable for unrestricted use if the residual radioactivity that is distinguishable from background radiation results in a TEDE to an average member of the critical group that does not exceed 25 mrem (0.25 mSv) per year, including that from groundwater sources of drinking water, and the exida.1 radioactivity has been reduced to levels that i

are as low as reasonably achievable (ALARA). Determination of the levels 5

which are ALARA must take into account consideration of any detriments, such as deaths from transportation accidents, expected to potentially result from decontamination and waste disposal.

S 20.1403 Criteria for license termination under restricted conditions.

A site will be considered acceptable for license termination under restricted conditions if:

i i

(a) The licensee can demonstrate that further reductions in residual i

radioactivity necessary to comply with the provisions of S 20.1402 would result in net public or environmental harm or were not being made because the l

' residual levels associated with restricted conditions are ALARA.

Determination of the levels which are ALARA must take into account consideration of any detriments, such as traffic accidents, expected to pot:itially result from dec.ntam nation and w.sste disposal:

(b)- The licensee has made provisions for legally enforceable i

institutional controls that provide reasonable assurance that the TEDE from residual radioactivity distinguishable from background to the average member of the critical group will not exceed 25 mrem (0.25 mSv) per year:

1 (c) The licensee has provided sufficient financial assurance to enable an independent third party, including a governmental custodian of a site, to 132

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assume and carry out responsibilities for any necessary control and j

maintenance of the site. Acceptable financial' assurance mechanisms a;^ -

(1) Funds placed into an account segregated from the licensee's assets i

and outside the licensee's administrative control as described in 5 30.35(f)(1) of this chapter:

)

(2) bureTy method, insurance, or other guarantee method as described _in 5 30.35(f)(2) of this chapter:

(3) A statement of intent in the case of Federal. State, or local I

Government licensees, as described in S 30.35(f)(4) of this chapter; or j

(4) When a governmental entity is assuming custody and ownership of a site, an arrangement that is deemed acceptable by such governmental entity.

(d) The licensee has submitted a decommissioning p'lan or License Termination Plan (LTP) to the Comission indicating the licensee's intent to decomission in accordance with SS 30.36(d). 40.42(d). 50.82(a) and (b).

70.38(d), or 72.54 of this chapter, and specifying that the licensee intends to decommission by restricting use of the site. The licensee shall document in.the LTP or deco missioning plan how the advice of individuals and institutions in the comunity who may be affected by the decommissioning has been sought and incorporated, as appropriate, following analysis of that adv :e.

(1) Licensees proposing to decomission by restricting use of the site shall seek advice from such affected parties regarding the following matters concerning the proposed decomissioning--

. hether provisions for institutional controls proposed by the (1)

W licensee:

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(A) Wi11providereasonableassurancetbttheTEDEfromresidual radioactivity distinguishable from background to the average member of the critical group will not exceed 25 mrem (0.25,mSv) TEDE per year:

(B) Will be enforceable: and 1

(C) Will not impose undue burdens on the local comunity or other I

affected parties.

(ii) Whether the licensee has provided sufficient financial assurance to enable an independent third party, including a governmental custodian of a site. to assume and carry out responsibilities for any necessary control and maintenance of the site:

(2)3 nTseeki ngiadvi ce? on" the 51 s suesyi denti f f ed ! 1 niS;20J 1403(d) (1 ), J the ilicensee"shall[ provide;for

(1):Particip;ation by1 representatives [of;albroadicrossjsectioniof.

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communitf;; interests lwho"maylbe;affectedb)Jthedecommissioning{

(ii)"Anfopportunity. for alcomprehensivell collbetive' discussion;on the

issdes' by the' participants representedicand (iii)?Alpubliclfavailableisummaryf ofithe resultsjof allisuct) di scuss t ons Ki ncluding s aidescri ption [of Tthe71nd[viddahviewpoi nts[offthe participants'on?the" issues;and.thejextentLofcagreementianddisagreementqamong the>participantsonstheTissues

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(e)

Residual radioactivity at the site has been reduced so that if the institutional controls were no longer in effect, there is reasonable assurance that the TEDE from residual radioactivity distinguishable from background to the average member of the critical group is as low as reasonably achievable and would not exceed either--

(1) 100 mrem (1 mSv) per year: or 134

o (2) 500 mrem (5 mSv) per year provided the licensee--

(i) Demonstrates that further reductions in residual radioactivity necessary to comply with the,100 mrem /y (1 mSv/y) value of paragraph (e)(1) of this section are not technically achievable, would be prohibitively expensive, or would result in net public or environmental harm:

(ii) Makes provisions for durable institutional controls:

(iii) Provides sufficient financial assurance to enable a responsible governmnt entity or independent third party, including a governmental i

custodian of a site, both to carry out periodic rechecks of the site no less frequently than every 5 years to assure that the institutional controls remain in place as necessary to meet the criteria of S 20.1403(b) and to assume and carry out responsibilities for any necessary control and maintenance of those l

controls.

Acceptable financial assurance mechanisms are those in paragraph (c) of this section.

6 20.1404 Alternate criteria for license termination.

(a) The Commission may terminate a license using alternate criteria greater than the dose criterion of SS 20.1402. 20.1403(b), and 20.1403(d)(1)(1)(A), if the licensee--

(1) Drovides assurance that pubitc health and safety would continue to be protected, and that itlisinlikelyLt.hattthei dose from all man}ma'de'-sources combinedCotherithan' medical;;]wodid~be more than the 1 mSv/y (100 mrem /y) limit of Subpart D. by submittirg an analysis of possible sources of exposure:

- [ Note: this paragraph has been modified to be more clearly consistent with the text in Sections A.2.3.4 and C.1.3 of the preamble) 135 O

'5 (2) Has employed to the extent practical restrictions on site use according'to the~ provisions of S 20.1403 in minimizing exposures at the site:

and (3) Reduces doses to ALARA levels, taking into consideration any detriments such as traffic accidents expected to potentially result from decontamination and waste disposal.

(RHas! submitted Vdecommissj oningiplanforl License 3erminatjfon;;11an ILTPEtoithe]CommissionMndicatjpgithGWenseeMintentMdecomisstonNn WahceMi th;$$]30j36(d)I(0);42(d)J150j 82(i)f andj(b) n7.0138(d) Hor;22:54f of Shi s1 chapt'eFZandispeci fiingithetith61j censee'proposesitoldecomjjsionlby;Us.e 6fialternateTeriteF1a7AThW111censedishalEdocument11nith'eldecomitiloning

'plaritor LTPjhow the advicelofdndiyidealsiandNnstitutions?jnithe;comunity

^ hol mayJ befaf fected byltheidecommissioning ;t)as.,beenssoughtf andjincorpor:ated ;

w hs"appr@riateWfollowing ibnalysi s.ofi;thatTadvice f RIn~seekingisuch fadvice; -

thel licensee $ hall! provide}for:

(i.)farticipationbyirepresentatjvesof'a;broadcross(section)of community;jnterests'who'may;be,affected by;the!decomissionityf (11) An:opportunityfforL;a comprehensive 6collectiveldiscussMonjthe issues by;the; participants representedkand (iii)(A;; publicly la ai,lable s~umaryiof the2resultstoffa1Esuct) discesionspjncled}ng a description;of thejindivi.ddaljviewpojr)tslof the i

i parti cj pents;on;tihe jj ssues;iand ;thelextentLoflagreement2andidisagreementiamong -

the[ participants ontthelissuess (b)sThe?dselof(alternate]criteri altbj terminaplaill1cerisejequfMsithe approy817 efitne;Comi ssioninftehfconsiderationiof3heJRCistafE5

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recommendations that willjaddress;any;coments providedlby the: Environmental Protection; Agency;andTanilpubjicleommentsjsubmi.tted;pursuantjt_oiS 20:1405l S 20.1405 Public notification and Dublic carticioation, Upon the receipt of an LTP or deco mtssioning plan from the licensee, or a proposal by the licensee for release of a site pursuarit to s9 20/1403 or 20.1404, or whenever the Commission deems such notice to be in the public interest, the Comission shall:

l (a) Notify and solicit coments from:

S (1) local and State governments in the vicinity of the site and any i

Indian Nation or other indigenous people that have treaty or statutory rights that could be affected by the decomissioning: and l

(2))theEnvironmental1ProtectionjAgencygfor; cases %ereithelicensee proposes [to release afsite7pursu'antit(Si20,1400 I

(b) Publish a notice in the Federal Register and in a forum, such as

(

ylocal newspapers, letters to State or local organizations, er other I

apprQpriate forum, that is readily accessible to individuals in the vicinity of the site, and solicit comments from affected parties.

L i

6 20 1400 Minimization of iontami_ nation.

Applicants for licenses, other than renewals, after (insert effective date of rule), shall describe in the application how facility design and proeduris for operation will minimize, to the extent practicable.

E coritamination of the facility and the environment, facilitate eventual I

decomissiord.ng, and minimize, to the extent practicable, the generation of 3

radioactive waste, 137

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e.

5-

.In 320.2402, paragraph (b) is revised to read as follows:

f 20.2402 Criminal Penalties.

(b).The regulations in $$20.1001 through 20.2402 that are not issued under1 Sections 161b,-1611, or 1610 for the purposes of Scction 223 are as follows: $520.1001, 20.100?.-30.1003, 20.1004, 20.1005, 20.1006, 20.1007, 20.1008, 20.1009, 20,1405, 20.1704, 20.1903, 20.1905, 20.2002, 20,2007, l

l 20.2301, 20.2302, 20.2401, and 20.2402.

PART 30 -RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF BYPRODUCT MATERIAL 6.

The authority c',tation for Part 30 continues to read as follows:

Authority: Secs 81. 82,161,182,183.186, 68 Stat. 935, 948, 953, 954. 955, as amended, sec. 234, 83 Stat 444, as amended (42 U.S.C. 2111, 2112, 2201. 2232, 2233, 2236, 2282): secs. 201 as amended. 202, 206, 88 Stat. 1242.

as amended. 1244, 1246, (42 U.S.C. 5841, 5842, 5846).

Section 30.7 also issued under Pub. L.95-601 sec. 10, 92 Stat. 2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat 3123, (2 U.S.C. E851), Section

-30.?i(b) also issued under sec. 184. 68 Stat. 954, as amended (42=U.S.C.

2234). Section 30.61 also issued under sec. 187, 68 Stat. 955 (42 U.S.C.

2237)

7. In S 30.4, the definition of Decomn.icsign is revised to read as follows:

b 138

$_30.4 Definitions,

Decommission means to remove a facility or site safely from service and reduce residual radioactivity to a level that permits -

(1) Release of the property for unrestricted use and termination of the license: or (2) Release of the property under restricted conditions and termination of the license.

8. In S 30.35, paragraph (f)(5) is added and paragraph (g)(3)(iv) is revised to read as follows:

l l

l 6 30 35 Financial assurance and recordkeeoina for decommissionina, (f)

(5)

When a governmental entity is assuming custody and ownership of a site. an arrangement that is deemed acceptable by such governmental entity.

(g)

(3)

(iv) All areas outsic'e of restricted are6s that contain material such that. if the license expired, the licensee would be requ' ired to either decontaminate the area to meet the criteria for decommissioning in 139

10 CFR Part 20, subpart E. or apply for 'a'pproval for disposal under 10 CFR 20,2002,

9. In S 30.26. the introductory text of paragraph (j)(2) and paragraph (k)(3) are revised to read as follows:

6 30.35 Exniration and termination of licenses and decommissionina of sites and seoarate buildinos or outdoor areas.

(j)

(2) Conduct a radiation survey of the premises where the licensed activities were carried out and submit a report of the results of this survey, unless the licensee demonstrates in some other manner that the premises ace suitable for release in accordance with the criteria for decommissioning in 10 CFR Part 20, subpart E.

The licensee shall, as appropriate -

(k)

(3)(1) A radiation survey has been performed which demonstrates that the premises are suitable for release ir,accordance with the criteria for decommissioning in 10 CFR Part 20, subpart E: or (ii) Other information submitted by the licensee is sufficient to demonstrate that the premises are suitable for release in accordance 140 w-

i with the criteria for decommissioning in 10 CFR Part 20. subpart E.

PART 40 DOMESTIC LICENSING OF SOURCE MATERIAL

10. The authority citation for Part 40 continues to read as follows:

Authority: Secs. 62, 63. 64. 65. 81, 161, 182. 183, 186, 68 Stat, 932, 933, 935, 948. 953, 954, 955, as amended, secs. lle(2). 83, 84, Pub. L.95-604, 92 Stat. 3033, as amended. 3039, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2014(e)(2) 2092, 2093, 2094. 2095, 2111. 2113, 2114, 2201. 2232.

2233, 2236, 2282): sec. 274, Pub. L, 86 373, 73 Stat. 688 (42 U.S.C. 2021):

secs. 201, as amended. 202, 206. 88 Stat.1242 as amended. 1244, 1246 (42 U.S.C. 5841. 5842, 5846): sec. 275, 92 Stat. 3021, as amended by Pub. L.97-415, 96 Stab. 2067 (42 U.S.C. 2022).

Section 40.7 also issued under Pub. L.05-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 102-486, sec. 2902. 106 Stat. 3123, (42 U.S.C. 5851).

Section 40.31(g) also issued under sec.122, 68 Stat. 939 (42 U.S.C. 21b2).

Section 40.46 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C.

2234). Section 40,71 also issued under sec. 187. 68 Stat. 955 (42 U.S.C.

2237).

11. In S 40.4, the definition of Decommission is revised to read as follows:

S 40.4 Definitions.

141

Decommission means to remove a facility or site safely from service-o and reduce residualJradioactivity-to a level that permits--

(1) Release of the property for unrestricted use and terminatio'n of the license; or

-(2) Release of the property under restricted conditions and termination of the license.

12. In 5 40.36,_ paragraph (e)(5) is added and paragraph (f)(3)(iv) is revised to read as follows:

6 40.36 Financial assurance and recordkeeoino for decommissionina, (e)

.(5)

When a governmental entity is assuming custody and ownership of a site, an arrangement that is deemed acceptable _by such governmental entity.

(f)

(3)

-(iv) All areas outside of restricted areas that contain material such that..if the-license expired, the licensee _would be required to either decontaminate the area to meet the criteria for decommissioning in 10 CFR Part 20. subpart E. or apply _ for approval for disposal under-10 CFR 20.2002.

142

l

13. In S 40.42, the introductory text of paragraph (j)(2) and paragraph (k)(3) are revised to read as-follows:

1 40.42 Exoiration and termination of licenses and decomnsitnina of sites I

and seoarate buildinas or outdoor areas.

(j)

(2) -Conduct a radiation survey of the premises where the licensed activities were carried out and submit a report of the results of this survey, unless the licensee demonstrates in some other manner that the premises are suitable for release in accordance with the c:.teria for decommissioning in 10 CFR Part 20, subpart E. The licensee shall, as appropriate--

(k)

(3)(1) A radiation survey has been performed which demonstrates that the,.remises are suitable fc rel.3se in accorJance with the criteria for decommissioning in 10 CFR Part 20. subpart E: or (ii) Other information submitted by the licensee is sufficient to demonstrate that the premises are suitable for release in accordance with the criteria-for decommissioning in 10 CFR Part 20. subpart E.

143

PART 50. DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES

14. The authority citation for Part 50 continues to read as'follows:

Authority: Secs. 102, 103. 104, 105,-161. 182. 183. 186, 189, 68 Stat.

936, 937, 938, 948, 953, 954, 955. 956, as amended, sec, 234, 83 Stat. 1244, as amended (42 u.5.C.-2132, 2133, 2134, 2135, 2201,l 2232, 2233, 2236, 2239,

. 2282): secs. 201, as amended. 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).

Section 50.7 is also issued under Pub. L 95-601, sec. 10, 92 Stat. 2951

- as amended by Pub. L. 102 486, sec. 2902, 106 Stat. 3123. (42 U.S.C. 5851).

Section 50.10 also issued under secs. 101, 185. 68 Stat. 936, 955, as amended (42 U.S.C.' 2131, 2235); sec. 102, Pub. L.91-190. 82 Stat. 853 (42 U.S.C.

4332) Sections 50.13. 50.54(dd), and 50.103 also issued under sec. 108, 68 Stat. 939. as,, amended (42 U.S.C. 2138).

Sections 50.23, 50.35, 50.55, and 50.55 also issued under sec. 185. 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a, 50.55a and Appendix Q also issued

.under'sec. 102. Pub. L.91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued under sec. 204. 88 Stat. 1245 (42 U.S.C. 5844). Sections 50.58, 50.91, and 50.92 also issued under Pub. L.97-415, 96 Stat. 2073 (42 U.S.C. 2239).

Section 50.78 also i; sued under sec. 122. CS Stat. 939 (42 U.S.C. 2152).

Sections 50.80 50-81 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Appendix F also issued under sec. '187. 68 Stat.

955 (42 U-5.C. 2237).

15. In S 50.2, the definition of Decommission is ' revised to read as

-folfows:

144 r

5-50.2 Definitions.

Decommission means to remove a facility or site safely from service,

and reduce residual-radioactivity to a level that permits--

(1) Release of the property for unrestricted use and termination of the

~

~

11 cense: or-(2) release of the property under restricted conditions and l

termination of the license.

16.

In S 50.82, paragraphs-(a)(11)(ii) and (b)(6)(ii) are revised to

. read as follows:

S 50;82 Termination of license.

(a)

(11)

(ii) The terminal radiation survey and associated documentation demonstrates that the facility and site are suitable for release in accordance with the criteria for decommissioning in 10 CFR Part 20. subpart E.

(b)

(6) 145

.g,

(ii) The terminal radiation"s'urvey and associated documentation demonstrate that the facility and site are suitable for release in accordance with the criteria for decommissioning in 10 CFR Part 20, subpart E 3

PART'51 -ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS

17. The authority citation for Part 51 continues to read as follows:

Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C 2201): secs. 201, as amended. 202. 88 Stat. 1242. as amended. 1244 (42 U.S.C. 5841.

5842).

Subpart A also issued under National Environmental Policy Act of 1969.

secs 102. 104. 105. 83 Stat. 853-854, as amended (42 U.S.C. 4332.4334, 4335):

and Pub. L.95-604. Title II 92 Stat. 3033-3041: and sec. 193. Pub. L.

101-575. 104 Stat. 2835 (42 U.S.C. 2243). Sections 51.20. 51.30. 51.60. 51.61.

51.80, and 51.97 also issued under secs. 135. 141. Pub. L.97-425, 96 Stat.

2232, 2241, and sec 148. Pub. L. 100 203. 101 Stat. 1330 223 (42 U.S.C. 10155.

10161. 10168).

Section 51.22 also issued under sec. 274. 73 Stat. 688, as emended by 92 Stat. 3036.038 (42 U.S.C. 2021) and ur.ier Nuclear Waste Policy Act of 1982, sec. 121. 96 Stat. 2228 (42 U.S.C. 10141). Sections 51.43..

51.67, and 51.109 also issued under Nuclear Waste Policy Act of 1982, sec. 114(f). 96 Stat. 2216. as amended (42 U.S.C. 10134(f)).

18. In 5 51.22. paragraph (c)(20) is added to read as follows:

146

6 51-22 Criterion for cateaorical exclusion: identification of licensina and reculatory actions elioible for cateoorictl exclusion or otherwise not.eauirina environmental review, (c)-

(20) Decomissioning of sites where licensed operations have been limited to the use of -

l (1) Small quantities of short lived radioactive materials; or (ii) Radioactive materials in sealed sources, provided there is no evidence of leakage of radioactive material'from these-sealed sources.

PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

19. The authority citation for Part 70 continues to read as follows:

Authority Secs. 51, 53. 161, 182, 183. 68 Stat. 929. 930. 948, 953.954.

as amended, sec. 234, 83 Stat. 444 as amended (42 U.S.C. 2071, 2073, 2201.

2232, 2233. 2282): secs. 201. as amended. 202, 204, 206, 88 Stat, 1242, as amended. 1244, 1245, 1246 (42 U.S.C. 5841. 5842. 5845, 5846).

Sections 70.1(c) a d 70.20a(b) also issued under secs. 135. 141, Pub. L.97-425. 96 Stat. 2232, 2241 (42 U.S.C. 10155,' 10161). Section 70.7 also. issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 102-486sec. 2902. 106 Stat. 3123 (42 U.S.C. 5851). Section 70.21(g) also issued under sec. 122. 68 Stat. 939 (42 U.S.C. 2152).

Section 70.31 also issued under sec.

57d, Pub, L 93-377. 88 Stat. 475 (42 U.S.C. 2077), Sections 70.36 and 70.44 also issued under sec. 184. 68 Stat. 954, as amended (42 U.S.C. 2234).

147

i Section 70.61 also issued under secs. 186.187. 68 Stat. 955 (42 U.S.C. 2236.

2237).

Section 70.62 also issued under sec. 108. 68 Stat. 939, as amended (42

~U.S.C. 2138).

20. In S 70.4. the definition of Decommission is revised to read as follows:

6 70.4 Definitions.

Decommission means to remove a facility or site safely from service and reduce residual radioactivity to a level that permits--

(1)

Release of the property for unrestricted use and termination of the license: or (2) Release of the property under restricted conditions and

~

termination of the license.

21. In S 70.25. paragraph (f)(5) is added and paragraph (g)(3)(tv) is revised to read as follows:

6 70.25 Financial assurance and recordkeeoina for decommissionina, (f) 148

O (5)

When a governmental entity is assuming custody and ownership of a site. an arrangement that is deemed acceptable by such governmental entity.

(g)

(3)

(iv)- All areas outside of restricted areas that contain material such that, if the license expired, the licensee would be required to either decontaminste the area to meet the criteria for decommissioning in 10 CFR~Part 20 subpart E. or apply for approval for disposal under 10 CFR 20.2002, e

22, In S 70.38, the introductory text of paragraph (j)(2) and paragraph (k)(3) are revised to read as follows:

6 70.38 Exoiration and termination of licenses and decommissionina of sites and seoarate buildinas or outdoor areas.

(j)

(2)

Conduct a radiation survey of the premises where the licensed-activities were carried out and submit a report-of the results of this survey, unless the licensee demonstrates in some other manner that the premises are-suitable for release in accordance with the criteria for decommissioning in 10 CFR Part 20 subpart E.

The licensee shall, as appropriate -

149

i j

(k)

(3)(1) A radiation survey has been performed which demonstrates that the premises are suitable for release in accordance with the criteria for l

decomissioning in 10 CFR Part 20. subpart E: or j

(ii) Other infor..ctic submitted by the licensee is sufficient to demonstrate that the premises are suitable for release in accordance with the criteria for decomissioning in 10 CFR Part 20, subpart E.

I PART 72 -l.iCENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGii LEVEL RADI0 ACTIVE WASTE i

i i

l

23. The, authority citation for Part 72 continues to read as follows:

Authority: Secs, 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184 186, 187, 189, 6d Stat. 929, 930, 932. 933, 934, 935, 948, 953, 954, 955, as i

j amended, sec. 234, 83 Stat. 444 as amended (42 U.S.C. 2071, 2073, 2077, 2092, j

2093. 2095, 2099, 2111, 2201, 2232, 2233, 2234, 2236, 2237, 2238, 2282): sec. 274. Pub. L. 86 373, 73 Stat, 688, as amended (42 U.S.C. 2021): sec. 201, as l

amanded. 202, 206, 8R Stat. 1242,-as amended. 1244, 1246 (42 U.S.C. 5841, 5842, 5846): Pub. L. 95 601, sec. 10, 92 Stat. 2951 as amended by Pub. L.

102-4 Era sec. 2902. 106 Stat. 3123 (42 U.S.C. 5851); sec. 102 Pub. L, 91 190.

83 Stat. 853 (42 U.S.C. 4332). Secs. 131, 132, 133, 135, 137, 141. Pub. L, 97 425, 96 Stat. 2229, 2230, 2232, 2241, sec.

48, Pub. L, 100 203, 101 Stat.

1330 235 (42 U.S.C. 10151, 10152. 10153, 10155, 10157, 10161. 10168).

l 150

Section 72.44(g) also issued under secs. 142(b) and 148(c). (d). Pub. L.

100 203. 101 Stat. 1330 232, 1330 236 (42 U.S.C. 10162(b). 10168(c)

(d)),

Section 72.46 also issued under sec.189. 68 Stat. 955 (42 U.S.C. 2239): sec. 134. Pub. L. 97 423. 96 Stat. 2230 (42 U.S.C. 10154).

Section 72.96(d) also issued under sec. 145(g). Pub. L. 100 203, 101 Stat. 1330 235 (42 U.S.C.

10165(g)).SubpaEtJ'alsoissuedundersecs. 2(2). 2(15). 2(19) 117(a),

141(h) Pub. L.97-425, 96 Stat. 2202, 2203, 2204, 2222, 2244. (42 U.S.C.

10101. 10137(a) 10161(h)). Subparts K and L are also issued under sec. 133, 98 Stat. 2230 (42 U.S.C. 10153) and Sec. 218(a)96 Stat. 2252 (42 U.S.C.

10198).

l

24. In S 72.3, the definition of Decomission is revised to read as follows:

l 6 72.3 Definitions.

Decomission means to remove a facility or site safely from service and reduce residual radioactivity to a level that permits -

(1) Release of the property for unrestricted use and termination of the license; or (2) Release of the property under restricted conditions and termination of the licerise.

25. In S 72.30. paragraph (c)(6) is added to read as follows:

151 I

_ _ _. _ -~ _

r t

4 i 72 30 Financial assurance and recordkeeoina for decomissionina.

2 (c) i

. hen a governmental entity is assuming custody and ownership of a j

W (6) site, an arrangement that is deemed acceptable by such governmental entity:

d and a

t 26, In 9 72.54, the introductory text of paragraph (1)(2) and paragraph f

(m)(2)-are revised to read as follows:

6 72.54 Ano11 cation for termination of licenses and decommissionina of sites 4

I and seoarate buildinas or outdoor areas.

^

i (1)

-(2)

Conduct a r diation survey of the premises where the licensed activities were conducted and submit a report of the results of this survey, 4

unless the licensee demonstrates in some other manner that the premises are suitable for release in accordance with tne criteria for decommissioning in 10 CFR Part 20, subpart E.

The licensee shall, as appropriate -

(m)

W 152

..p,

.~

p

-y

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_,r,,..,

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(2)(i) _A radiation survey has been performed which demonstrates that the premises are suitable for release in accordance with the criteria for decommissioning in 10 CFR Part.20. subpart E: or (11) Other information submitted by the licensee is sufficient to demonstrate that the premises are suitable for release in accordance with the criteria for deconnissioning in 10 CFR Part 20. subpart E.

4 4

h Dana K. Mount 4

regulation (60 FR 50248), not 150 from the proposed regulation (53 FR 21550). The Statement of Consideration for the Finel Rule explains the difference as an error based on an atomic ratio instead of a mass ratio. Unless this' correction is made, ND's regulation would not meet the compatibility criterion.

/

i

]

We request that when the proposed regulations are adopted and published as final regulations, a copy of the "as published" regulations be provided to us for review. As requested in our All Agreement States Letter SP 96 027, "Recuest to Hiabliaht ChgD2tJL19 Aareement State Reaulations Submitted to NRC'for Comontibility Review" (March 1, 1996), please highlight the final changes and send one copy in a computer readable format, if possible.

l If you have any questions regarding these comments, the compatibility criteria, or thu NRC regulations used in the review, please contact me or Dr. Stephen N. Salomon of my staff at (301) 415 2368, or INTERNET: SNS@NRC. GOV.

1 Sincerely, Paul H. Lohaus, Deputy Director Office of State Programs

Enclosure:

As stated Distribubon:

DIR RF (7S 148,149,150,151,152,153)

DCD (SP08)

S0roggitis PDR (YESf_ NO_)

KSchneider RBlanton LBolling l

JMyers t

TO'Brien

/

hlftl' *g,,pb L(akovan

/

North Dakota File

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DOCUMENT NAME: G:\\SNS\\NDREVIEW 3

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OSP:D l

NAME SNSalomon:nb PHLoMaas FXCame'ron' RLBangart DATE 07/l(,/97 07/l.1/97 07/)p/97 07/

/97 OSP FILE CODE: SP AG 22 r

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c 1

COMMENTS ON DRAFT NORTH DAKOTA REGULATIONS AGAINST COMPATIBILITY DIVisl0NS 1 AND 2 (NEW CATEGORIES)

State NRC Qly.

Bagula. tion Bagulation Aghlect and Comments 1 (Bf 04.114 20.2006 Transfer for Disposal and Manifests (excluding i

Appendix F)

Paragraph E was omitted from Appendix G. See 60 FR 25983 for i

the missing paragraph. Unless the missing paragraph is adopted, the t

regulation would not meet the compatibility criterion.

1 (Bl* 13 02 71.4 Definition of low specific activity l (LSA l)

The average specific activity should not exceed one millionth of the a

A, per gram, not "one hundred thousandths" as stated. Unless the fraction is corrected, the regulations would not meet the compatibility criterlon, f o yt, idJ >b]% f' Y'*^ *'

j Qr U

i i

a l

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Dana K. Mount 4-regulation (60 FR 50248), not 150 from the proposed ogulation (53 FR 21550). The Statement of Consideration for the Final Rulo explains the difference as an error based on an atomic ratio instead of a mass ratio. Unless this trection is made, ND's regulation would not meet the compatibility critorion.

We request that when the proposed regulations a,re adopted and published as final regulations, a copy of the "as published" regulatfons be provided to us for review. As requested in our All Agreement States Letter SP 90 027, "Reauest to Hiohliaht ChanaQFLtQ Aareement State Reaulations Submitted to NRC for Compatibility Revievi" (March 1, 1996), please highlight the final changes and' send one copy in a computer readable format, if possible.

/

if you have any questions regarding thesa! comments, the compatibility criteria, or the NRC regulations used in the review, please cohtact me or Dr. Stephen N. Salomon of my staff at (301)415 2308, or INTERNET: SNS@N'RC. GOV.

Sincerely,

/I

,/

Paul H. Lohaus, Deputy Director

/

Office of State Programs l

Enclosure:

/

As stated

/

l Distribution:

,/

DIR RF (7S 148,149,150,151,152,153)

DCD (SP08)

SDroggitis

/

PDR (YESf_, NO_)

KSchneider j

RBlanton l

LBolling i

JMyers i

TO'Brien LKakovan North Dakota File G:\\SNS\\NDREVIEW.Sjt 3 DOCUMENT NAME:

fit g _ w T

..inout.ii.chment/ enclosure

't* = Copy mth attachment / enclosure

• N* = No copy n....iv...op, or inie oocum.ni. indic.t. in in. i,. :

OFFICE OSPSC fi OyPQ OGC OSP:D NAME SNSalomon:nb PHLoMaJ5 FXCameron RLBangart DATE 07/((,/97 07/2.1/97 07/

/97 07/

/97 OSP FILE CODE: SP AG 22

$'Y ab, afM ROUTING 1440 TRAN5MITTAL 5 LIP t

DATE: JULY 22, 1997 j

SIGNATURE / CONCURRENCE REQUESTED HIIIAL5 DATI j)uq')Yg' i

F. Cameron. 0GC 7/

/97

[ps gy E

6te}l)SJ' i

LETTER T0:

Dana K. Mount Director Division of Environmental Engineering North Dakota Department of Health FRON:

Paul H. Lohaus. Deputy Director Office of State Programs SU8 JECT:

NORTH DAK0TA RADIOLOGICAL HEALTH RULE 5 WITH PROPOSED q

REVI510NS FOR REVIEW NOTE: PLEASE RETURN ALL INCONING DOCUNDITS...T0.0$P YOUR COMIENTS/ CONCURRENCE ARE REQUESTED BY C.0.5. AUGUST 5. 1997.

osr CowrACT: STEVE SAL 0110N (415-2368) f PLEASECALLKATHALEENKERR(415-3340) FOR PICK UP.

-e e