ML22049A249
| ML22049A249 | |
| Person / Time | |
|---|---|
| Issue date: | 02/28/2022 |
| From: | Brian Anderson NRC/NMSS/DMSST/ASPB |
| To: | Mcburney R Conference of Radiation Control Program Directors (CRCPD) |
| Beardsley M | |
| Shared Package | |
| ML22026A343 | List: |
| References | |
| Download: ML22049A249 (13) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 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 A-General Provisions, D-Standards for Protection Against Radiation, J-Notices, Instructions, and Reports to Workers, and O-Decommissioning, received by our office on January 24, 2022. These regulations were reviewed by comparison to the equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 19 and 20, and the applicable Regulation Amendment Tracking System Identification Numbers (RATS IDs) 2002-1, 2002-2, 2006-3, 2007-3, 2008-1, 2011-1, 2013-1, 2015-5, 2020-3, and 2021-1, as applicable. We discussed our review of the regulations with Bruce Hirschler on February 17, 2022.
As a result of our review:
- 1) We have no comments related to compatibility on Part O, and therefore give federal concurrence on that part.
- 2) We have 15 comments related to compatibility on Parts A, D, and J. These 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 Nuclear Material Safety and Safeguards (NMSS) 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 NMSS Procedure SA-201, Review of State Regulatory Requirements, please highlight the final changes, and submit to AgreementStateRegs.Resource@nrc.gov.
February 28, 2022
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) or Stephen Poy at 301-415-7135 (stephen.poy@nrc.gov).
Sincerely, 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
Enclosure:
CRCPD SRS Data Sheet Signed by Anderson, Brian on 02/28/22
ML22026A343 pkg and ML22049A249 letter OFFICE NMSS/MSST NMSS/MSST OGC NMSS/MSST NAME SPoy MBeardsley NA BAnderson DATE 02/24/22 02/28/22 02/28/22
COMPATIBILITY COMMENTS ON CRCPD REVISED SUGGESTED STATE REGULATIONS (SSRs) PARTS A, D, and J STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 1
Part A 2 20.1003 2002-2 A
Definitions: Occupational dose CRCPDs definition of occupational dose includes the following statement:
Occupational dose means the dose received by an individual in the course of employment in which the individual's assigned duties for the licensee or registrant involve exposure to sources of radiation, whether or not the sources of radiation are in the possession of the licensee, registrant, or other person.
CRCPD needs to a) remove the phrase for the licensee or registrant after the term assigned duties and b) replace the phrase sources of radiation, whether or not the sources of radiation are in the possession of the licensee, registrant, or other person with the phrase radioactive material from licensed and unlicensed sources of radiation, whether in the possession of the licensee or other person such that the above statement reads, Occupational dose means the dose received by an individual in the course of employment in which the individual's assigned duties involve exposure to radiation or to radioactive material from licensed and unlicensed sources of radiation, whether in the possession of the licensee or other person.
CRCPD needs to make the change indicated above to meet the Compatibility Category A designation assigned to 10 CFR 20.1003.
Comment modified from NRC letter dated March 30, 2011, ML110610117 2
D.1301 20.1301(a) and (c) 2002-2 A
Dose limits for individual members of the public In Part D 1301, in the equivalent to 10 CFR 20.1301 (a)(1) and (a)(2), it states, The total effective dose
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS equivalent to individual members of the public from the licensed or registered operation does not exceed 1 millisievert (0.1 rem) in a year, exclusive of the dose contribution from background radiation, from any medical administration the individual has received, from exposure to individuals administered radioactive material and released in accordance with [cite appropriate reference from Part G of these regulations],
And The dose in any unrestricted area from external sources exclusive of the dose contributions from patients administered radioactive material and released in accordance with [cite appropriate reference to Part G of these regulations],
The appropriate reference to 10 CFR 35.75 (Part G.40) needs to replace the phrase, cite appropriate reference from Part G of these regulations.
CRCPD needs to make the change indicated above to meet the Compatibility Category A designation assigned to 10 CFR 20.1301(a) and (c).
Comment modified from NRC letter dated March 30, 2011, ML110610117 3
A.2 20.1003 2007-3 H&S Definition: Accelerator-produced radioactive material CRCPD needs to change their definition of Accelerator-produced material to Accelerator-produced radioactive material CRCPD needs to make the change indicated above to meet the Compatibility Category H&S designation assigned to 10 CFR 20.1003.
4 Part D 2001 20.2001 (a)(4) 2007-3 B
General requirements CRCPD Part D 2001 states, As
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS authorized pursuant to D.2002, D.2003, D.2004, or D.2005. CRCPD needs to include D.2008 such that the above reads, As authorized pursuant to D.2002, D.2003, D.2004, D.2005, or D.2008.
CRCPD needs to make the change indicated above to meet the Compatibility Category B designation assigned to 10 CFR 20.2001.
5 A.2 20.1003 NA A
Definition: Public Dose CRCPD needs to remove [cite appropriate Part G regulation] and replace it with G.40 of these regulations in the definition of Public dose.
CRCPD needs to make the above change in order to meet the Compatibility Category A designation assigned to 10 CFR 20.1003 definition Public dose.
Comment stands from NRC letter dated March 30, 2011, ML110610117.
6 D.1302 20.1302(a), (b)
NA H&S Compliance with Dose Limits for Individual Members of the Public CRCPD needs to change D1302a. to read The licensee or registrant shall make or cause to be made surveys of radiation levels in unrestricted and controlled areas and radioactive materials in effluents CRCPD needs to make the above change in order to meet the Compatibility Category H&S designation assigned to 10 CFR 20.1302(a) and (b).
Comment stands from NRC letter dated March 30, 2011, ML110610117.
7 D.1401 20.1401 NA C
General Provisions and Scope CRCPD needs to remove the or after D1401 b.ii. and place it at the end D1401 b.i.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS CRCPD needs to make the above change in order to meet the Compatibility Category C designation assigned to 10 CFR 20.1401.
This comment stands from NRC letter dated March 30, 2011, ML110610117. In order to resolve this comment, CRCPD needs to submit the equivalent provision for our review.
8 D.1403 20.1403 NA C
Criteria for License Termination Under Restricted Conditions CRCPD needs to rewrite D1403 d. to state The licensee has submitted a decommissioning plan or license termination plan to the Agency indicating the licensees intent to decommission in accordance with this Part and Part C, and specifying.
CRCPD needs to make the above change in order to meet the Compatibility Category C designation assigned to 10 CFR 20.1403.
Comment stands from NRC letter dated March 30, 2011, ML110610117. In order to resolve this comment, CRCPD needs to submit the equivalent provision for our review.
9 D.1404 20.1404 NA C
Alternate Criteria for License Termination CRCPD Needs to add and Part C between with this section and and specifying in D.1401 a.iv.
CRCPD needs to make the above change in order to meet the Compatibility Category C designation assigned to 10 CFR 20.1404.
Comment stands from NRC letter dated March 30, 2011, ML110610117. In order to resolve this comment, CRCPD needs to submit the equivalent provision for our review.
10 D.1703 20.1703 NA H&S Use of Individual Respiratory Protection Equipment
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS CRCPD needs to remove Except as provided in D.1703a.ii since such language is not needed for compatibility and also because D1703a.ii does not exist.
CRCPD needs to make the above change in order to meet the Compatibility Category H&S designation assigned to 10 CFR 20.1703.
Comment stands from NRC letter dated March 30, 2011, ML110610117.
11 D.1902 20.1902 NA A
Posting Requirements CRCPD needs to remove [not required to use the word GRAVE, this may be omitted] from D.1902c.
CRCPD needs to make the above change in order to meet the Compatibility Category A designation assigned to 10 CFR 20.1902.
Comment stands from NRC letter dated March 30, 2011, ML110610117.
12 D.1903 20.1903 NA D
Exceptions to Posting Requirements CRCPD has a wrong reference in D.1903. CRCPD needs to remove
[cite appropriate Part G regulation]
and replace it with G.40 of these regulations.
CRCPD needs to make the above change in order to meet the Compatibility Category D designation assigned to 10 CFR 20.1903.
Comment modified from NRC letter dated March 30, 2011, ML110610117.
13 D.2001 20.2001 NA C
General Requirements (Waste Disposal)
CRCPD needs to remove D.2001 b.v.
since this makes their regulation less restrictive than NRCs regulation.
CRCPD needs to make the above
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS change in order to meet the Compatibility Category C designation assigned to 10 CFR 20.2001.
Comment stands from NRC letter dated March 30, 2011, ML110610117.
14 D.2006 20.2006 NA B
Transfer for Disposal and Manifests CRCPD needs to replace in Part A.2 of these regulations with in Part M in D.2006 a.i.
CRCPD needs to make the above change in order to meet the Compatibility Category B designation assigned to 10 CFR 20.2006.
Comment stands from NRC letter dated March 30, 2011, ML110610117.
15 J.11 19.11 NA C
Posting of Notices to Workers CRCPD states in J.11 d. Agency documents posted pursuant to J.11 a.iv. shall be posted within 5 working days after receipt of if any, shall be posted within five working days after dispatch from the licensee or registrant. Both five working days listed in this sentence are incorrect and need to be changed to read two working days.
CRCPD needs to make the above change in order to meet the Compatibility Category C designation assigned to 10 CFR 19.11.
Comment stands from NRC letter dated March 30, 2011, ML110610117.
February 28, 2022 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/
TITLE NRC REGULATIO N-10 CFR Parts PROPOSED
/FINAL FEDERAL CONCURRENCE GIVEN? Yes/No DATE OF DOCUMENT/ADAMS ML# of Package COMMENTS
- A-General Provisions 19, 20, 30, 31, 32, 34, 35, 36, 39, 40, 61, 70, 71, and 150.
Proposed-comments Revised-comments No 3/30/11 ML110610112 No 02/28/22 ML22026A343 The submitted Part A SSRs were updated to reflect the changes related to 10 CFR Parts 19 and 20 through RATS ID 2021-1.
B-Regulation of Radiation Machine Facilities and Assoc.
Healthcare Professionals N/A C-Licensing of Radioactive Material 30, 31, 32, 40, 70 Final; no comments Proposed; Comments Final; No Comments Yes 5/12/10 ML101040766 No 05/01/19 ML19044A444 Yes 8/26/21
February 28, 2022 ML21235A111
- D-Standards for Radiation Protection 20 Proposed; Comments Revised; Comments No 3/30/11 ML110610112 No 02/28/22 ML22026A343 The submitted Part D SSRs were updated to reflect the changes through RATS ID 2021-1.
E-Radiation Safety Requirements for Industrial Radiography Operations 34 Final; no comments Revised; no comments Yes 2/22/16 ML16036A047 Yes 12/13/21 ML21330A073 The submitted Part E SSRs were updated to reflect the changes through RATS ID 2020-1.
F-Medical Diagnostic and Interventional X-Rays and Imaging Systems N/A G-Use of Radionuclides in the Healing Arts 35 Proposed; comments No 4/1/10 ML100600666 H-Radiation Safety Requirements for non-medical radiation generating devices N/A
- J-Notices, Instructions and Reports to Workers, Inspections 19 Proposed; comments Revised; comments No 3/30/11 ML110610112 No 02/28/22 ML22026A343 The submitted Part J SSRs were updated to reflect the changes through RATS ID 2020-3.
February 28, 2022 N-Regulation and Licensing of TENORM N/A
- O-Decommissioning 30, 40, 70 Final; no comments Revised; no comments Yes 11/13/00 ML003770059 Yes*
02/28/22 ML22026A343 The submitted Part O SSRs were updated to reflect the changes related to 10 CFR Part 20* through RATS ID 2011-1.
Q-Licensing and Radiation Safety Requirements for Irradiators 36 Proposed; no comments Revised; no comments Final; no comments No 7/11/15 ML051930005 Yes 12/13/21 ML21330A073 Yes 2/3/22 ML22026A430 The submitted Part Q SSRs were updated to reflect the changes through RATS ID 2020-1.
R-Control of Radiation Radon N/A S-Requirements for Financial Assurance 30, 40, 70 3/24/05 T-Transportation of Radioactive Material 71 Final; no comments Yes 9/9/14 ML14093A159 U-Licensing Requirements for Uranium and Thorium Processing and related radioactive materials 40 Final; no comments Yes 4/16/15 ML15077A212
February 28, 2022 V-Physical Protection of Category I & II Quantities of Radioactive Materials 37 Final; no comments Revised; comment Final; No comments Yes 11/19/14 ML14294A568 No 12/13/21 ML21330A073 Yes 2/3/22 ML22026A430 The submitted Part V SSRs were updated to reflect the changes through RATS ID 2021-2.
W-Radiation Safety Requirements for Well Logging Operations and Subsurface Tracer Studies 39 Proposed; comments Revised; Comments Final; No comments No 1/30/15 ML14279A456 No 12/13/21 ML21330A073 Yes 2/3/22 ML22026A430 The submitted Part W SSRs were updated to reflect the changes through RATS ID 2020-1.
X-Therapeutic Radiation machines N/A Z-Medical Credentialing N/A