ML20236S341
| ML20236S341 | |
| Person / Time | |
|---|---|
| Issue date: | 07/17/1998 |
| From: | Lohaus P NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Padgett J NORTH CAROLINA, STATE OF |
| Shared Package | |
| ML20236S343 | List: |
| References | |
| NUDOCS 9807240273 | |
| Download: ML20236S341 (6) | |
Text
{{#Wiki_filter:Il' RadioadiMateEls Sed:n l] North Carolina Departmsnt of Environment JUL 171998 '4 itnd Natur:J Resources Division of Radiation Protsction 3825 Barrett Drive Raleigh, NC 27609-7221
Dear Mr. Padgett:
l l As requested, we have reviewed the North Carolina proposed regulations (0104, 0111, 0117, 0305,0317, 0318,0321,0323,0339,0353,0359-0362,0502,0503,0506-0513,0515-0517, l-0520-0525, O'702, and 0703 of 15A NCAC 11), transmitted in your letter dated June 16,1998. The proposed regulations were reviewed by comparison to the equivalent NRC regulations in 10 CFR Parts 19,20,30,32, and 35. As s' result of our review, we identified two comments (see enclosure). Please note that we have limited our review to regulations required for compatibility and/or health and safety. Under y our current procedure, a finding that a State regulation meets the compatibility and health and l safety' categories of the equivalent NRC regulation may only be made based on a review of the L final State regulation. However, we have determined that if your proposed regulations were adopted incorporating the enclosed comments and without other significant change, they would meet the compatibility and health and safety categories established in OSP Intemal Procedure B.7. p ) We request that when the proposed regulations are adopted and published as final regulations, L 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 Hiablioht Chanoes to Aareement State Raoulations Submitted to NRC for Compatibility Revigw" (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 the comments, the compatibility and health and safety categories, or any of the NRC regulations used in the review, please contact me or Tom O'Brien of my staff at (3m 415-2308, or INET: TJO@NRC. GOV. I Sincerely, OWWW 9907240273 990717 7 PAULH.LOHAUB t PDR STPRO ESONC i PDR Paul H. Lohaus, Deputy Director Office of State Programs / As stated Distribution: I DIR RF (8S-188) DCD(SP06) PDR(YES); i SDrogittis PLarkins/ASPO l BUsilton North Carolina File-
- See previous concurrence
- DOCUMENT NAME
- G:\\TJO\\NCRVLTR.WPD To receive a copy of this document indecate in the bor "C" = Copy without attachment / enclosure "E" = Copy with attachment / enclosure "N" = No copy OFFICE OSP lE OSP l
OSP;DD l -- OGC l OSPp'u } NAME TJO'Brien:kk:gd SNSalomon PHLohaus FXCameron* RLBangkhd DATE 07/01/98* 07/01/98* 07/01/98* 07/ 08/98 07//$198 OSP FILE CODE: SP-AG-21 ' .;o p e ( 0 +-- . M_ ; _a 4J u & 7 0-{P a sae Wg f u..~ ~ c: Lm
,? Ka? 'I : 1 UNITED 8TATES g g j_ NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. enmas -t .g.,*f July 17, 1998 l l Mr. J. Aaron Padgett, Chief l Radioactive Materials Section North Carolina Department of Environment [ and Natural Resources Division of Radiation Protection 3825 Barrett Drive Raleigh, NC 27609-7221
Dear Mr. Padgett:
L ' As requested, we have reviewed the North Carolina proposed regulations (0104,0111,0117, 0305,0317,0318,0321,0323, 0339, 0353,0359-0362,0502, 0503, 0506-0513,0515-0517, 0520-0525, 0702, and 0703 of 15A NCAC 11), transmitted in your letter dated June 16,1998. The proposed regulations were reviewed by comparison to the equivalent NRC regulations in 10 CFR Parts 19,20,30,32, and 35. As a result of our review, we identified two comments (see enclosure). Please note that we have limited our review 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 were i L adopted incorporating the enclosed comments and without other significant change, they.would l meet the compatibility and health and safety categories established in OSP Intemal Procedure l. B.7. We request that when the proposed regulations are adopted and published as final regulations, L 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 Hiohliaht Chanoes to Aareement State-l 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. If you have any questions regarding the comments, the compatibility and health and safety l categories, or any of the NRC regulations used in the review, please contact me or Tom O'Brien of my staff at (301) 415-2308, or INET: TJO@NRC. GOV. Sincerely, '3 \\ od C w Paul H. Lohaus, Deputy Director Office of State Programs
Enclosure:
As stated l
Q i 4 COMMENTS ON PROPOSED NORTH CAROLINA 15A NCAC 11 REGULATIONS I AGAINST COMPATIBILITY AND HEALTH AND SAFETY CATEGORIES l l State NRC l Category Reaulation Regulation Subiect and Comments D 11.0359 10 CFR 35 Measurements / Dosages of Unsealed l H&S-(a)&(b) Radioactive Material for Medical Use I 11.0359(a) 35.53(a) Paragraph 11.0359(a) excludes the requirement to l measure the radioactivity of dosages of photon-emitting radionuclides when unit dosages are used. The requirement in 35.53(a) does not permit such an exclusion. This exclusion from the regulation should be removed to meet the health and safety category. l C 11.1653 10 CFR 20 Radiological Requirements for License Termination 11.1653(e) 20.1405 Paragraph 11.1653(e) does not include the l requirement to notify and solicit comments from the EPA in cases where the licensee proposes to release a site pursuant to 11.1653(d). The regulation should be revised to include this requirement to meet the essential objectives of l Section 20.1405(a)(2). f I i l l l 4 ENCLOSURE i __.m.A_m....__.m._. w
Radioactive Mat: rills Section North C:rolin: D:pirtm:nt of Environm:nt cnd Nitural R:sourc:s Division of Ridiation Prot:ction 3825 Barrett Drive Raleigh, NC 27609-7221
Dear Mr. Padgett:
As requested, we have reviewed the North Carolina proposed reg lations (0104,0111,0117, 0305,0317, 0318,0321,0323,0339,0353,0359-0362,0502,05 3,0506-0513,0515-0517, 0520-0525,0702, and 0703 of 15A NCAC 11), transmitted in yo r Ietter dated June 16,1998. The proposed regulations were reviewed by comparison to the quivalent NRC regulations in 10 CFR Parts 19,20,30,32, and 35. As a result of our review, we identified three comments (see closure). Please note that we have limited our review to regulations required for compatibili and/or health and safety. Under our current procedure, a finding that a State regulation meet the compatibility and health and safety categories of the equivalent NRC regulation may on!. be made based on a review of the final State regulation. However, we have determined that if your proposed regulations were adopted incorporating the enclosed comments and withou other significant change, they would meet the compatibility and health and safety categories e ablished in OSP Internal Procedure B.7. l We request that when the proposed regulations are ad ted and published as final regulations, a copy of the "as published" regulations be provided to ps for review. As requested in our All Agreement States Letter SP-96-027,"Recuest to Hiahlfaht Chanaes to Aareement State Regulations Submitted to NRC for Compatibility Reviesv"(March 1,1996), please highlight the final changes and send one copy in a computer readdble format, if possible. / If you have any questions regarding the comments, he compatibility and health and safety categories, or any of the NRC regulations used in t e review, please contact me or Tom O'Brien of my staff at (301) 415-2308, or INET: TJ - @NRC. GOV. Sine rely,- i Pa i H. Lohaus, Deputy Director Of ice of State Programs
Enclosure:
As stated Distribution: l DlR RF (8S-188) DCD (SP06) PDR (YES) SDrogittis PLarkins/ASPO BUsilton North Carolina File.
- See previous concurrence,_%D r
l' DOCUMENT NAME: G:\\TJO\\NCRVLTR.WPD P 4 To receive a copy of this document. Indicate in the box: *C's Copy without a chment/ enclosure
- E" = Copy with attachment /eneto ure *N' = No copy OFFICE OSP lE OSP
/l OSP:DD l OGA OSP:D l NAME TJO'Brien:kk:gd SNSalomon / PHLohaus FXCameron' RLBangart j DATE l 07/01/98* 07/01/98* 07/01/98* 07/c(/98 07/ /98 OSP FILE CODE: SP-AG-21 l I L
4 li . Mr. J. Aaron P;dgett, Chief - Radioactive Maierials Section North Carolina Department of Environment and Natural Resources Division of Radiation Protection 3825 Barrett Drive Raleigh, NC 27609-7221
Dear Mr. Padgett:
1 As requested, we have reviewed the North Carolina proposed r ulations (0104,0111,0117, 0305,0317, 0318,0321,0323,0339,0353,0359-0362,0502, 03,0506-0513,0515-0517, 0520-0525,0702, and 0703 of 15A NCAC 11), transmitted in y ur letter dated June 16,1998. The proposed regulations were reviewed by comparison to th equivalent NRC regulations in 10 CFR Pads 19,20,30,32, and 35. As a result of our review, we identified two comments (see closure). Please note that we have limited our review to regulations required for compatibility a d/or health and safety. Under our current procedure, a finding that a State regulation meets t e compatibility and health and safety l categories of the equivalent NRC regulation may only be ade based on a review of the final State regulation. However, we have determined that if yo r proposed regulations were adopted incorporating the enclosed comments and without other ignificant change, they would meet the compatibility and health and safety categories establish in OSP Internal Procedure B.7. We request that when the proposed regulations are ad pted and published as final regulations, a copy of the "as published" regulations be provided to for review. As requested in our All Agreement States Letter SP-96-027,"Reauest to Hia liaht Chanaes to Aareement State Regulations Submitted to NRC for Compatibility Review"_ (March 1,1996), please highlight the j final changes and send one copy in a computer rea able format, if possible. If you have any questions regarding the comments the compatibility and health and safety categories, or any of the NRC regulations used in he review, please contact me or Tom O'Brien of my staff at (301) 415-2308, or INET: TJO@NR. GOV. Sincerely, I ' Paul H. Lohaus, Deputy Director Office of State Programs
Enclosure:
As stated Distribution: DIR RF (8S-188) DCD (SP06) PDR (YES) SDrogittis PLarkins/ASPO BUsilton North Carolina File DOCUMENT NAME: G:\\TJO\\NCRVLTR.WPD To,eceive a copy of this dccument, indcate in the bor "C" = Copy without ttachment/ enclosure *E' = Copy with attachment / enclosure "N' = No copy OFFICE OSP3 R lE" OSP6$ pf OSP:DD l OGC OSP:D l o NAME TJO'Brien:kkS' SNSalomon/ 'P9CoRatis " FXCameron RLBangart DATE 07/ 1 /98 07/1/h8 07// /98 07/ /98 07/ /98 ( OSP FILE CODE: SP-AG-21 L
W -- g;- EXECUTIVE TASK MANAGEMENT SYSTEM -~~~~~~ ---. <<< PRINT SCREEN UPDATE FORM >>> ) TASK # - 8S188
- ----. DATE- 06/22/98 ;-
MAIL CTRL. - 1998 TASK STARTED - 06/22/98 TASK DUE - 07/17/98 TASK COMPLETED - / / . -~ -~~~~~ .....--~~~~. TASK DESCRIPTION - NORTH CAROLINA REGULATIONS --~~~~~~~. REQUESTING OFF. - NC REQUESTER - PADGETT WITS - C FYP - N ~~~~~.
~~~~~
~~- . PROG.- TJO PERSON - STAFF LEAD - TJO PROG. AREA - -~ . -~~ PROJECT STATUS - NC DUE DATE: 7/17/98 PLANNED ACC. - N LEVEL CODE - 1 i l j i 1 .J}}