ML21344A095
| ML21344A095 | |
| Person / Time | |
|---|---|
| Issue date: | 12/13/2021 |
| From: | Brian Anderson NRC/NMSS/DMSST/ASPB |
| To: | Mcburney R Conference of Radiation Control Program Directors (CRCPD), State of KY |
| Beardsley M | |
| Shared Package | |
| ML21330A073 | List: |
| References | |
| Download: ML21344A095 (10) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 December 13, 2021 Ms. Ruth E. McBurney Executive Director Conference of Radiation Control Program Directors, Inc.
1030 Burlington Lane, Suite 4B Frankfort, KY 40601
Dear Ms. McBurney:
We have reviewed the revisions to the Suggested State Regulations (SSRs) in Parts E-Radiation Safety Requirements for Industrial Radiography Operations, Q- Licensing and Radiation Safety Requirements for Irradiators, V- Physical Protection of Category 1 and 2 Quantities of Radioactive Materials, and W- Radiation Safety Requirements for Well Logging Operations and Subsurface Tracer Studies, received by our office on November 18, 2021.
These regulations were reviewed by comparison to the equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 34, 36, 37, and 39, and the applicable Regulation Amendment Tracking System Identification Numbers (RATS IDs) 2011-2, 2015-2, 2015-4, 2015-5, 2018-3, 2019-1, 2020-1, and 2021-2. We discussed our review of the regulations with Bruce Hirschler on December 7, 2021.
As a result of our review:
- 1) We have no comments related to compatibility on Parts E and Q, and therefore give federal concurrence for those parts (we have one comment that is not related to compatibility on Part Q).
- 2) We have three comments related to compatibility on Parts V and W, and two comments not related to compatibility on Part W.
The above comments are identified in the enclosure.
Please note that we have limited our review to regulations required for compatibility and/or health and safety. We have determined that if your regulations were revised to incorporate our comments and without other significant change, they would meet the compatibility and health and safety categories established in the Office of Federal and State Materials and Environmental Management Programs (FSME) Procedure SA-200, Compatibility Categories and Health and Safety Identification for NRC Regulations and Other Program Elements.
We request that a copy of the revised regulations be provided to us for review and federal concurrence. As requested in Office of Nuclear Material Safety and Safeguards (NMSS)
Procedure SA-201, Review of State Regulatory Requirements, please highlight the final changes, and submit to AgreementStateRegs.Resource@nrc.gov.
R. McBurney The State Regulation Status (SRS) Data Sheet summarizes our knowledge of the status of other CRCPD Suggested State Regulations, as indicated. Please let us know if you note any inaccuracies or have any comments on the information contained in the SRS Data Sheet. This letter, including the SRS Data Sheet, is posted on the NMSS State Communication Portal:
https://scp.nrc.gov/rulemaking.html.
If you have any questions regarding the review results, the compatibility and health and safety categories, or any of the NRC regulations used in the review, please contact Michelle Beardsley, State Regulation Review Coordinator at 301-415-0275 (michelle.beardsley@nrc.gov).
Sincerely, Signed by Anderson, Brian on 12/13/21 Brian C. Anderson, Chief State Agreement and Liaison Programs Branch Division of Materials Safety, Security, State and Tribal Programs Office of Nuclear Material Safety and Safeguards
Enclosures:
- 1. Compatibility and Non-Compatibility Comments
ML21330A073 pkg and ML21344A095 letter OFFICE NMSS/MSST OGC NMSS/MSST NAME MBeardsley NA BAnderson DATE 12/06/2021 NA 12/13/2021 COMPATIBILITY COMMENTS ON CRCPD REVISED SUGGESTED STATE REGULATIONS (SSRs) PARTS V and W STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 1 V.11.c 37.27(c)(1) 2019-1 B Requirements for criminal history records checks of individuals granted unescorted access to category 1 or category 2 quantities of radioactive material CRCPD Part V.11.c:
a.) omits the phrase, shall use an appropriate method listed in § 37.7; and b.) lists an incorrect mailbox number. The mailbox has been changed to T-07D04M, See STC-20-067 CRCPD needs to make the changes indicated above to meet the Compatibility Category B designation assigned to 10 CFR 37.27(c).
2 W.13 39.13 NA H&S Specific licenses for well logging CRCPD Part W omits an equivalent provision to 10 CFR 39.13(a). Part W needs to include an equivalent to 10 CFR 39.13(a) which states, a) The applicant shall satisfy the general requirements specified in § 30.33 of this chapter for byproduct material, in
§ 40.32 of this chapter for source material, and in § 70.23 of this chapter for special nuclear material, as appropriate, and any special requirements contained in this part.
CRCPD needs to make the above change in order to meet the Compatibility Category H&S designation assigned to 10 CFR 39.13.
This comment stands from NRC letter dated January 30, 2015/ML14279A456.
3 W.104 39.33(a) NA C Radiation detection instruments
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS CRCPD section W.104a states, To satisfy this requirement, the radiation survey instrument must be capable of measuring 0.02 mSv (2 mrem) per hour through at least 0.01 sievert (1 rem) per hour. (changed to match ind.
radiography) 10 CFR 39.33(a) states, must be capable of measuring 0.001 mSv (0.1 mrem) per hour through at least 0.5 mSv (50 mrem) per hour.
The 2 mrem/hour is less restrictive than the 0.1 mrem/hr. CRCPD needs to change the lowest level of measurement capability to 0.001 mSv (0.1 mrem) per hour.
CRCPD needs to make the change indicated above to meet the Compatibility Category C designation assigned to 10 CFR 39.33(a).
COMMENTS NOT RELATED TO COMPATIBILITY STATE SECTION/SUBJECT COMMENT Q.5/ Commencement of construction Section Q.5 omits the language, Commencement of construction as defined in § 36.2 may include non-construction activities if the activity has a reasonable nexus to radiological safety and security.
10 CFR 36.15 is designated as Compatibility Category D and does not affect compatibility.
W.51/ Use of sealed source in a well without W.51 states that the procedure must be surface casing approved by the Agency whereas NRC allows approval by the Commission or an Agreement State. Although a Compatibility Category D, SR-W should consider accepting procedures approved by the Agency, the Commission, or another Agreement State 10 CFR 39.51 is designated as Compatibility Category D and does not affect compatibility.
W.402b./Radioactive contamination control EDITORIAL COMMENT:
W.402b.ii. states Cause the decontamination in accordance with any agreement as required by W.4. The phrasing cause the decontamination is confusing and should be
revised for clarification. The intent appears to be that the licensee can initiate or commence decontamination procedures in accordance with an agreement required by W.4. or can take steps to assure that decontamination is performed in accordance with an agreement required by W.4. The intent should be clarified to avoid conflict and confusion.
10 CFR 39.69 is designated as Compatibility Category C.
This comment stands from NRC letter dated January 30, 2015/ML14279A456.
CRCPD STATE SUGGESTED REGULATION STATUS SHEET Note: Even if federal concurrence has been granted, some regulations may have been amended after that date.
See current RATS ID sheets for those affected regulations: https://scp.nrc.gov/rss_regamendents.html CRCPD PART/ NRC PROPOSED FEDERAL CONCURRENCE COMMENTS TITLE REGULATIO /FINAL GIVEN? Yes/No N-10 CFR DATE OF Parts DOCUMENT/ADAMS ML# of Package A- General Provisions 19, 20, 30, 31, Proposed- No 32, 34, 35, 36, comments 3/30/11 39, 40, 61, 70, ML110610112 71, and 150.
B- Regulation of N/A Radiation Machine Facilities and Assoc.
Healthcare Professionals C- Licensing of 30, 31, 32, 40, Final; no Yes Radioactive Material 70 comments 5/12/10 ML101040766 Proposed; No Comments 05/01/19 ML19044A444 Final; Yes No Comments 8/26/21 ML21235A111 D- Standards for 20 Proposed; No Radiation Protection comments 3/30/11 ML110610112
- E- Radiation Safety 34 Final; no Yes Requirements for comments 2/22/16 Industrial Radiography ML16036A047 Operations April 14, 2016
CRCPD STATE SUGGESTED REGULATION STATUS SHEET Note: Even if federal concurrence has been granted, some regulations may have been amended after that date.
See current RATS ID sheets for those affected regulations: https://scp.nrc.gov/rss_regamendents.html CRCPD PART/ NRC PROPOSED FEDERAL CONCURRENCE COMMENTS TITLE REGULATIO /FINAL GIVEN? Yes/No N-10 CFR DATE OF Parts DOCUMENT/ADAMS ML# of Package Revised; no Yes The submitted Part E SSRs comments 12/13/21 were updated to reflect the ML21330A073 changes through RATS ID 2020-1.
F- Medical Diagnostic N/A and Interventional X-Rays and Imaging Systems G- Use of 35 Proposed; No Radionuclides in the comments 4/1/10 Healing Arts ML100600666 H- Radiation Safety N/A Requirements for non-medical radiation generating devices J- Notices, 19 Proposed; No Instructions and comments 3/30/11 Reports to Workers, ML110610112 Inspections N- Regulation and N/A Licensing of TENORM O- Decommissioning 30, 40, 70 Final; no Yes comments 11/13/00 ML003770059
- Q- Licensing and 36 Proposed; no No Radiation Safety comments 7/11/15 ML051930005 April 14, 2016
CRCPD STATE SUGGESTED REGULATION STATUS SHEET Note: Even if federal concurrence has been granted, some regulations may have been amended after that date.
See current RATS ID sheets for those affected regulations: https://scp.nrc.gov/rss_regamendents.html CRCPD PART/ NRC PROPOSED FEDERAL CONCURRENCE COMMENTS TITLE REGULATIO /FINAL GIVEN? Yes/No N-10 CFR DATE OF Parts DOCUMENT/ADAMS ML# of Package Requirements for Irradiators Revised; no Yes The submitted Part Q SSRs comments 12/13/21 were updated to reflect the ML21330A073 changes through RATS ID 2020-1.
R- Control of N/A Radiation Radon S- Requirements for 30, 40, 70 ?? ??
Financial Assurance 3/24/05 ML??
T- Transportation of 71 Final; no Yes Radioactive Material comments 9/9/14 ML14093A159 U- Licensing 40 Final; no Yes Requirements for comments 4/16/15 Uranium and Thorium ML15077A212 Processing and related radioactive materials
- V- Physical 37 Final; no Yes Protection of Category comments 11/19/14 I & II Quantities of ML14294A568 Radioactive Materials Revised; No The submitted Part V SSRs comment 12/13/21 were updated to reflect the ML21330A073 changes through RATS ID 2021-2.
April 14, 2016
CRCPD STATE SUGGESTED REGULATION STATUS SHEET Note: Even if federal concurrence has been granted, some regulations may have been amended after that date.
See current RATS ID sheets for those affected regulations: https://scp.nrc.gov/rss_regamendents.html CRCPD PART/ NRC PROPOSED FEDERAL CONCURRENCE COMMENTS TITLE REGULATIO /FINAL GIVEN? Yes/No N-10 CFR DATE OF Parts DOCUMENT/ADAMS ML# of Package
- W- Radiation Safety 39 Proposed; No Requirements for Well comments 1/30/15 Logging Operations ML14279A456 and Subsurface Tracer Studies Revised; No The submitted Part W SSRs comments 12/13/21 were updated to reflect the ML21330A073 changes through RATS ID 2020-1.
X- Therapeutic N/A Radiation machines Z- Medical N/A Credentialing April 14, 2016