ML20236L017
| ML20236L017 | |
| Person / Time | |
|---|---|
| Issue date: | 07/01/1998 |
| From: | Lohaus P NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Suppes R OHIO, STATE OF |
| Shared Package | |
| ML20236L021 | List: |
| References | |
| NUDOCS 9807100183 | |
| Download: ML20236L017 (10) | |
Text
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-1 UNITED STATES y
j NUCLEAR REGULATORY COMMISSION 2
WASHINGTON, D.C. 20666-0001 July 1,1998
+
Mr. Roger L. Suppes, Chief Bureau of Radiation Protection Ohio Department of Health 35 East Chestnut Street Columbus, OH 43215
Dear Mr,
Suppes:
As requested, we have reviewed the proposed amendments to Ohio rule 3701-39-021 as approved by the Ohio Radiation Advisory Council on April 17,1998. The rule was reviewed for the inclusion of the following NRC regulations adopted since June 9,1997, that must be addressed by the Agreement States: " Licenses for Industrial Radiography and Radiation Safety and Requirements for Industrial Radiography Operations" (Amendments to 10 CFR Parts 30, 34,71, and 150, effective June 27,1997 (62 FR 28947)), " Radiological Criteria for License Termination" (Amendments to 10 CFR Parts 20,30,40, and 70, effective August 20,1997 (62 FR 39057)), and " Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon 14 Urea" (Amendments to 10 CFR Parts 30 and 32, effective January 2,1998 (62 FR 63634)). We also reviewed the proposed amendments to the Ohio rule on reciprocal recognition of licenses in 3701-39-021(J) against the provisions of 10 CFR 150.20.
As a result of our review, we have two comments, as enclosed. Please note that our review has been limited to regulations required for compatibility and/or health and safety. Under our current procedure, a finding that a State regulation meets the compatibility and health and safety categories of the equivalent NRC regulation may only be made based on a review of the final State regulation. However, we have determined that if your proposed regulations (except
{
as noted below) were adopted incorporating the comments and without other significant
}
change, they would meet the compatibility and health and safety categories established in OSP internal Procedure B.7.
Ohio proposed rule 3701-39-021(L) excludes the provisions of the equivalent NRC regulation for terminating licenses under restricted conditions, and does not adopt the amended definition of the term " decommissioning.' The effect of these differences on the compatibility of an Agreement State program has not been evaluated. It will be necessary to seek guidance of the Commission regarding whether the differences between the Ohio and NRC programs preclude a finding of compatibility. This is discussed more fully in our letter dated June 18,1998, on major issues affecting the Ohio request for an Agreement.
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 Hiahlicht Chanaes to Aareement State Regulations 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.
9807100183 980701 o 'm PDR STPRG ESGOH
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l' Roger L. Suppes 2
If you have any questions regarding the comments or any of the NRC regulations used in the review, please contact me or Mr. Richard Blanton of my staff at (301) 415-2322, or by Internet at RLB@NRC. GOV.
Sincerely, AN- >
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Paul H. Lohaus, Deputy Director Office cf State Programs i
Enclosure:
As stated l
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e E U l 1 - 1000 Roger L. Suppes 2
If you have any questions regarding the comments or any of the NRC regulations used in the review, please contact me or Mr. Richard Blanton of my staff at (301) 415-2322, or by Internet at RLB@NRC. GOV.
Sincerely,
/S/ Patricia Larkins l
Paul H. Lohaus, Deputy Director Office of State Programs As stated
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Distribution:
l DlR RF (8S-134)
SSalomon DCD (SP07) l SDroggitis BUsilton
'PDR (YESJ__ NO
)
Ohio File DSollenberger, ASPO DOCUMENT NAME: G:\\RLB\\98S134M.WPD
- SEE PREVIOUS CONCURRENCE.
T* recolve a copy of thle document, indicate in the bar: "C" = Co Sy without attachment /enciesure "E' = Co >y with attachment / enclosure "N* = No copy A
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OFFICE OSP OSP:DD OGC l NMSS l NMSS l Rlll OSffp? l 1
NAME RLBlanton:kk/gd PHLohaus FCameron FCombs JGreeves CPederson RLBfn*ghrt i
DATE 06/11/98*
06/11/98*
06/17/98*
06/29/98*
06/29/98*
06/30/98
$b)/98 via e-mail OSP FILE CODE: SP-NA _ _ _ _ _ _ _ _ - _ _ _ _ _ _
O i e COMMENTS ON PROPOSED AMENDMENTS TO OHIO RULE 3701-39-021 AGAINST COMPATIBILITY AND HEALTH AND SAFETY CATEGORIES l
State NRC NRC-Approved Catenory Reaulation Reaulation SSR (if any)
Sublect and Comment NRC 3701 39-150.20(c)
Reciprocity in off-shore areas.
021(J)
The text of the second sentence starting with the word "except" should be deleted.
C 3701 10 CFR Part 20 Radiological Criteria for License 021(L)
Subpart E Termination.
Ohio proposed rule 3701-39-021(L) excludes the provisions of the equivalent NRC regulation for terminating licenses under restricted conditions, and does not adopt the amended definition of the term
" decommissioning." The effect of these differences on the compatibility of an Agreement State program has not been evaluated. It will be necessary to seek guidance of the Commission regarding whether the differences between the Ohio and NRC programs preclude a finding of compatibility.
This is discussed more fully in our letter dated June 18,1998, on major issues
)
affecting the Ohio request for an Agreement, i
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i
._ [Kathleen Kzrr CONCURRENCE ON SUPPES LETTER J
~Pagej From:
Kathleen Clayton To:
RLB Date:
Tue, Jun 30,199811:50 AM
Subject:
CONCURRENCE ON SUPPES LETTER Cindy Pederson asked that i e-mail you her concurrence on the Suppes letter.
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l Roger L. Suppes 2
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I If you have any questions regarding the comments or any of the NRC regulations used in the review, please contact me or Mr. Richard Blanton of my staff at (301) 415-2322, or by Internet at RLB@NRC GOV.
Sincerely, Paul H. Lohaus/, Deputy Director Office of State / Programs
Enclosure:
As stated l
l Distribution:
DIR RF (8S-134)
SSalomon
_,CD (SP07)
SDroggitis BUsilton i OR (YES.f._ NO
)
Ohio File DSollenberger, PC DOCUMENT NAME: G:\\RLB\\98S134M.WPD
/
'f(M OREVIOUS CONCURRENCE.
T* receive a copy of this document, Indicate in the box: "C" = Copy withou'g y q.
N. )y with attachment / enclosure "N* = No copy OFFICE OSP OSP:DD OG i 'g ef:-
N)fS/l Rlli l
OSP:D l NAME RLBlanton:kk/gd PHLohaus FCai - en ss JCbfe es CPederson RLBangart jj)
. d/ /98 f06f,9/98 06/ /98 06/ /98 l DATE 06/11/98*
06/11/98*
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Roger L. Suppes 2
If you have any questions regarding the comments or any of the RC regulations used in the review, please contact me or Mr. Richard Blanton of my staff at 01) 415-2322, or by Internet at RLB@NRC. GOV, Sincerely, Paul H. ohaus, Deputy Director Office 'f State Programs
Enclosure:
As stated i
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DlR RF (8S-134)
SSalo on DCD (SP07)
SDroggitis BUsilt n PDR (YES.f_ NO
)
Ohio File DSol nberger, ASPO DOCUMENT NAME: G:\\RLB\\98S134M.W D
- SEE PREVIOUS CONCURRENCE.
Tr receive a copy of this document, Indicate in the box: "C" = d)y without attachmentrenclosure "E" = Co)y with attachment / enclosure "N" = No copy OFFICE OSP OSP:DD l /
OGC l
,igMSSL NMSS l Rill OSP:D l NAME RLBlanton:kk/gd PHLohaus /
FCameron
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JGreeves CPederson RLBangart DATE 06/11/98*
06/11/98' 06/17/98*
/ 06 #//98 06/ /98 06/ /98 06/ /98
/
. Mr. Roger L. Suppes, Chir,f Bureau of Radiation Protection
' Ohio Department of Health L
35 East Chestnut Street Columbus, OH 43215
Dear Mr. Suppes:
As requested, we have reviewed the pr sed amendments to Ohio rule 3701-39-021 as approved by the Ohio Radiation Advisory Council on April 17,1998. The rule was reviewed for
. the inclusion of the following NRC regulati ns adopted since June 9,1997, that must be addressed by the Agreement States: " Lice ses for Industrial Radiography and Radiation Safety and Requirements for Industrial Radiograp Operations"(Amendments to 10 CFR Parts 30, 34,71, and 150, effective June 27,1997 (62 R 28947)),'" Radiological Criteria for License Termination"(Amendments to 10 CFR Parts 0,30,40, and 70, effective August 20,1997 l
(62 FR 39057)), and " Exempt Distribution of a adioactive Drug Containing One Microcurie of i
Carbon-14 Urea"(Amendments to 10 CFR Pa 30 and 32, effective January 2,1998 (62 FR,63634)). We also reviewed the propose amendments to the Ohio rule on reciprocal recognition of licenses in 3701-39-021(J) agains the provisions of 10 CFR 50.20.
As a result of our review, we have two comments, s enclosed. Please note that our review has been limited to regulations required for compat ility and/or health and safety. Under our.
current procedure, a finding that a State regulation eets the compatibility and health and safety categories of the equivalent NRC regulation y only be made based on a review of the final State regulation. However, we have determined hat if your proposed regulations (except 3701-39-021(L), as noted) were adopted incorporating the comments and without other significant change, they would meet the compatibility a health and safety categories established in OSP Internal Procedure B.7.
We request that when the proposed regulations are adopt d and published as final regulations, a copy of the "as published" regulations be provided to us r review. As requested in our All Agreement States Letter SP-96-027, 'Reauest to Hiahliaht hanaes to Aareement State Regulations Submitted to NRC for Compatibility Review" (M rch 1,1996), please highlight the final changes and send one copy in a computer readable fo at, if possible.
If you have any questions regarding the comments or any of th NRC regulations used in the review, please contact me or Mr. Richard Blanton of my staff at 301) 415-2322, or by Internet i
at RLB@NRC. GOV.
Sincerely, Paul H. Lohaus, puty Director b
Office of State P rams Enclosure -
As stated Distnbution DIR RF (8S-134)
SSalomon DCD SP07)
SDroggitis BUsilton '
)
Ohio File DSollenberger, AS O(d 40d (pb u #
i f
' DOCUMENT NAME: G:\\RBL\\98S134L.
p Ta receive e cop ' of thee document. Indicate in the bor "C" C
attathment/e sure "E" = Copy with attachment /e sure "N" a No copy OFFICE OSSW lc O$PM l \\
OGC l
OSP:D l
l l
NAME-RLBlantMk. / -
PHLoliad/ '
,FCameron RLBangarti l
DATE 06/tV98 06/J /98 06kW8 06/ /98 l
t f-OSP FILE CODE: SP-NA-15
\\
Mr. Rogsr L. Suppss, Chief Bureau of Radiation Protection Ohio Department of Health 35 East Chestnut Street Columbus, OH 43215
Dear Mr. Suppes:
As requested, we have reviewed the pro sed amendments to Ohio rule 3701-39-021 as approved by the Ohio Radiation Advisory Douncil on April 17,1998. The rule was reviewed for the inclusion of the following NRC regulatio'ns adopted since June 9,1997, that must be addressed by the Agreement States: "Licen'ses for Industrial Radiography and Radiation Safety and Requirements for Industrial RadiographAOperations"(Amendments to 10 CFR Parts 30, 34,71, and 150, effective June 27,1997 (62 F8 28947)), " Radiological Criteria for License Termination"(Amendments to 10 CFR Parts 20_,30,40, and 70, effective August 20,1997 (62 FR 39057)), and " Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 Urea"(Amendments to 10 CFR Parts \\30 and 32, effective January 2,1998 (62 FR,63634)). We also reviewed the proposed amendments to the Ohio rule on reciprocal recognition of licenses in 3701-39-021(J) against t e provisions of 10 CFR 50.20.
As a result of our review, we have two comments, as, enclosed. Please note that our review has been limited to regulations required for compatibility and/or health and safety. Under our current procedure, a finding that a State regulation meets the compatibility and health and safety categories of the equivalent NRC regulation makonly be made based on a review of the final State regulation. However, we have determined tha,t if your proposed regulations (except 3701-39-021(L), as noted) were adopted incorporating the comments and without other significant change, they would meet the compatibility and health and safety categories established in OSP Internal Procedure B.7.
\\
We request that when the proposed regulations are adopte nd 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 Highlight Chanaes to Agreement State Regulations Submitted to NRC for Compatibility Review" (March 1,1996), please highlight the s
final changes and send one copy in a computer readable format,\\if possible, if you have any questions regarding the comments or any of the t C regulations used in the review, please contact me or Mr. Richard Blanton of my staff at (301) 415-2322, or by Internet at RLB@NRC. GOV.
Sincerely, Paul H. Lohaus, De uty Director Office of State Programs
Enclosure:
As stated Distribution:
DIR RF (8S-134)
SSalomon DCD (SPQ7)
SDroggitis BUsilton PDR (YESg_ NO
)
Ohio File DSollenberger, ASPO
\\
DOCUMENT NAME: G:\\RBL\\98S134L. P
/
\\
To receivs a copo of this document, Indicate in the box: "C" C
h dout attachment /endosure "E" = Copo with attachment /endosure
'N" = No copy OFFICE OS@f)V lc.
O$P'$l OGC OSP:D
\\l l
NAME RLBlant@ /
PHLo6atif '
FCameron -
RLBangart DATE 03/ t/98 06f /98 06/ /98 06/ /98 t
G.
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l EXECUTIVE TASK MANAGEMENT SYSTEM l !
<<< PRINT SCREEN UPDATE FORM >>>
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l TASK # - BS134 DATE- 05/01/98 ---
MAIL CTRL. - 1998 TASK STARTED - 05/01/98 TASK DUE - 05/28/98 TASK COMPLETED -
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-TASK DESCRIPTION - REVIEW OF RULE 3701-39-021 FROM THE STATE OF OHIO REQUESTING OFF. - OH REQUESTER - SUPPES WITS -
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PROG.- RLB PERSON -
STAFF LEAD - RLB PROG. AREA -
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PROJECT STATUS -
NEED TWO WEEKS FOR OGC.
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OSP DUE DATE: 5/14/98 PLANNED ACC.
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