ML22241A095

From kanterella
Jump to navigation Jump to search
08-30-2022 Letter to M. Horberg Re Nyc Dohmh Final Regulations to 10 CFR Parts 19, 20, 30, 31, 35, 37, 40, and 71
ML22241A095
Person / Time
Issue date: 08/30/2022
From: Brian Anderson
NRC/NMSS/DMSST/ASPB
To: Horberg M
State of NY, Dept of Health
Poy S
Shared Package
ML22223A041 List:
References
Download: ML22241A095 (11)
v • d • e


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 August 30, 2022 Mark Horberg, Acting Director Bureau of Environmental Sciences and Engineering New York City Department of Health 42-09 28th Street, 14th Floor CN#56 Long Island City, NY 11101

Dear Mark Horberg:

We have reviewed the proposed revisions to the New York City Department of Health and Mental Hygiene (NYC DOHMH) regulations in Article 175, received by our office on August 4, 2022. These regulations were reviewed by comparison to the equivalent U.S. Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 19, 20, 30, 31, 35, 37, 40, 71 and Regulation Amendment Tracking System Identification Numbers (RATS IDs) 2018-1 through 2021-2 as identified in the enclosed State Regulation Status (SRS) Data Sheet. We discussed our review of the regulations with Erik Finkelstein on August 24, 2022.

As a result of our review, we have two comments that have been identified in the 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 the NYC DOHMH regulations meet the compatibility and health and safety categories of the equivalent NRC regulation may only be made based on a review of the revised final regulations.

We request that when the revised final regulations are adopted and published as final regulations, a copy of the as published regulations be provided to us for review. As requested in NMSS Procedure SA-201, Review of State Regulatory Requirements, please highlight the final changes and provide a copy to Division of Material Safety, State, Tribal, and Rulemaking Programs, NMSS.

The SRS Data Sheet summarizes our knowledge of the status of other NYC DOHMH 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.

M. Horberg 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 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, Signed by Anderson, Brian on 08/30/22 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 Comments
2. NYC DOHMH SRS Data Sheet

ML22223A041 pkg and ML22241A095 letter OFFICE NMSS/MSST NMSS/MSST OGC NMSS/MSST NAME SPoy MBeardsley n/a BAnderson DATE 08/30/2022 08/30/2022 08/30/2022 COMPATIBILITY COMMENTS ON NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE (NYC DOHMH) FINAL REGULATIONS STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 1 175.101 19.11 NA C, except Posting of notices to workers portions of paragraph In section 175.101(b), NYC DOHMH (a), and all states that 10 CFR 19.11 (b)-(e) are of not incorporated by reference. As paragraphs written, it appears that all sections (b) and from (b) through (e) are not (e) are incorporated by reference. However, designated subsection 19.11(d) is a Compatibility as Category C and should not be NRC. excepted. NYC DOHMH needs to state that 19.11 (b) and (e) are not incorporated by reference.

NYC DOHMH needs to make the change indicated above to meet the Compatibility Category C designation assigned to 10 CFR 19.11(d).

2 175. 30.36 NA H&S Expiration and termination of licenses and decommissioning of sites and separate buildings or outdoor areas NYC DOHMH omits subsections 10 CFR 30.36(d) through (k) from incorporation by reference.

NYC DOHMH needs to exclude subsections 30.36(d) through (k) from the list of exceptions to incorporation by reference, to meet the Compatibility Category H&S designation assigned to 10 CFR 30.36(d) through (k).

STATE REGULATION STATUS State: New York City Department of Health & Mental Hygiene Tracking Ticket Number: 22-54 Date: 08/30/2022

[amendment(s) reviewed identified by a

  • at the beginning of the equivalent NRC requirement.]

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package

48623; 60 FR 50248; 61 FR 28724; 61 FR 1109; 61 FR 24669; 61 FR 65120; 62 FR 1662; 62 FR 4120; All NRC amendments captured by 62 FR 5907; 62 FR 28947; 62 FR 39057; 62 FR RATS IDs dated before NYC 63634; 63 FR 1890; 63 FR 13773; 63 FR 29535; 63 DOHMHs 2/15/2017 submittal were FR 31604; 63 FR 37059; 63 FR 39477; 63 FR automatically included in the review 45393; 63 FR 50127; 64 FR 17506; 64 FR 42269; against the applicable 10 CFR 64 FR 54543; 64 FR 55524; 65 FR 20337; 65 FR compatibility tables.

63750; 65 FR 79162; 67 FR 16298; 67 FR 20249; 68 FR 57327; 69 FR 3697; 70 FR 2001; 70 FR Final Comments Comments are regarding 10 CFR 16336; 71 FR 1926; 70 FR 72128; 71 FR 15005; 71 ML22223A151 08/30/2022 Parts 19 and 30.

FR 65685; 71 FR 65685, 72 FR 59162; 72 FR ML22223A041 45147; 72 FR 54207; 72 FR 58473; 72 FR 55864; 72 FR 70901; 72 FR 68043; 74 FR 33901; 76 FR 35512; 76 FR 56951; 77 FR 3640; 77 FR 34194; 77 FR 39899; 77 FR 43666; 78 FR 16922; 78 FR 32310; 79 FR 57721, 80 FR 143; 79 FR 58664, 80 FR 3865; 80 FR 33987; 80 FR 45841; 80 FR 74974

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package

  • 2018-1 Medical Use of Byproduct Material - Medical Event 01/14/2022 Final Comment NYC DOHMH incorporates Parts 30 Definitions, Training and Experience, and Clarifying ML22223A151 08/30/2022 and 35 by reference. Comment is Amendments ML22223A041 regarding 10 CFR Part 30.

Parts 30, 32 and 35

  • 2018-2 Miscellaneous Corrections 12/21/2021 Final No Comments NYC DOHMH incorporates Parts

-Organizational Changes ML22223A151 08/30/2022 37, 40, and 71 by reference.

Parts 37, 40. 70 and 71 ML22223A041

  • 2018-3 Miscellaneous Corrections 07/30/2022 Final No Comments NYC DOHMH incorporates Parts 37 Parts 1, 2, 34, 37, 50, 71, 73, and 140 ML22223A151 08/30/2022 and 71 by reference.

ML22223A041

  • 2019-1 Miscellaneous Corrections 12/18/2022 Final No Comments NYC DOHMH incorporates Parts 37 Parts 2, 21, 37, 50, 52, 73, and 110 ML22223A151 08/30/2022 by reference.

ML22223A041

  • 2019-2 Organizational Changes and Conforming 12/30/2022 Final No Comments NYC DOHMH incorporates Parts Amendments ML22223A151 08/30/2022 37, 40, and 71 by reference.

Parts 1, 2, 37, 40, 50, 51, 52, 55, 71, 72, 73, 74, ML22223A041 100, 140, and 150 2020-1 Individual Monitoring Devices 06/16/2023 NA NYC DOHMH does not have 10 CFR Parts 34, 36, and 39 licensees subject to these 10 CFR Parts.

  • 2020-2 Social Security Number Fraud Prevention 08/17/2023 Final No Comments NYC DOHMH incorporates Part 35 10 CFR Parts 9 and 35 ML22223A151 08/30/2022 by reference.

ML22223A041

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package

  • 2020-3 Miscellaneous Corrections 11/16/2023 10 CFR Parts 1, 2, 19, 20, 21, 30, 34, 35, 40, 50, Final Comments NYC DOHMH incorporates Parts 51, 52, 60, 61, 62, 63, 70, 71, 72, 73, 74, 75, 76, ML22223A151 08/30/2022 19, 20, 30, 35, 40, and 71 by 110, and 140 ML22223A041 reference. Comments are regarding 10 CFR Parts 19 and 30.
  • 2021-1 Miscellaneous Corrections 09/08/2024 10 CFR Parts 2, 11, 20, 25, 32, 35, 37, 50, 52,55, Final No Comments NYC DOHMH incorporates Parts 70, 72, 73, 95, and 110 ML22223A151 08/30/2022 20, 35, and 37 by reference.

ML22223A041

  • 2021-2 Miscellaneous Corrections 12/30/2024 Final No Comments NYC DOHMH incorporates Parts 10 CFR Parts 9, 37, 40, 50, 51, 52, 55, 71, 73, and ML22223A151 08/30/2022 37, and 40 by reference.

110 ML22223A041 2022-1 Miscellaneous Corrections none Provisions are not required for 10 CFR 1, 2, 20, 30, 40, 50, 55, 70, 73, and 170 compatibility.

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package NA Part 32 NA Not Applicable Not Applicable NYC DOHMH does not regulate material under an equivalent to Part 32 for its portion of the Agreement.

  • NA Part 33 NA Proposed No Comments 2/15/2017 05/12/2017 ML17055A656 ML17055A654 Final No Comments ML22223A151 08/30/2022 ML22223A041 NA Part 34 NA Not Applicable Not Applicable NYC DOHMH does not regulate material under an equivalent to Part 34 for its portion of the Agreement.
  • NA Part 35 NA Proposed No Comments 2/15/2017 05/12/2017 ML17055A656 ML17055A654 Final No Comments ML22223A151 08/30/2022 ML22223A041 NA Part 36 NA Not Applicable Not Applicable NYC DOHMH does not regulate material under an equivalent to Part 36 for its portion of the Agreement.

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package

  • NA Part 37 NA Proposed No Comments 2/15/2017 05/12/2017 ML17055A656 ML17055A654 Final No Comments ML22223A151 08/30/2022 ML22223A041 NA Part 39 NA Not Applicable Not Applicable NYC DOHMH does not regulate material under an equivalent to Part 39 for its portion of the Agreement.
  • NA Part 40 NA Proposed Comments 2/15/2017 05/12/2017 ML17055A656 ML17055A654 Final No Comments ML22223A151 08/30/2022 ML22223A041 NA Part 61 NA Not Applicable Not Applicable NYC DOHMH does not regulate material under an equivalent to Part 61 for its portion of the Agreement.

NA Part 70 NA Not Applicable Not Applicable NYC DOHMH does not regulate material under an equivalent to Part 70 for its portion of the Agreement.

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package

  • NA Part 71 NA Proposed Comment 2/15/2017 05/12/2017 ML17055A656 ML17055A654 Final No Comments ML22223A151 08/30/2022 ML22223A041 NA Part 150 NA Not Applicable Not Applicable NYC DOHMH does not regulate material under an equivalent to Part 150 for its portion of the Agreement.
Retrieved from "https://kanterella.com/w/index.php?title=ML22241A095&oldid=3517533"