ML22241A095

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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)
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Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 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.

August 30, 2022

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, 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 Signed by Anderson, Brian on 08/30/22

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 portions of paragraph (a), and all of paragraphs (b) and (e) are designated as NRC.

Posting of notices to workers In section 175.101(b), NYC DOHMH states that 10 CFR 19.11 (b)-(e) are not incorporated by reference. As written, it appears that all sections from (b) through (e) are not incorporated by reference. However, subsection 19.11(d) is a Compatibility Category C and should not be 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 State Adoption Incoming Letter Outgoing Package Notes

All NRC amendments captured by RATS IDs dated before NYC DOHMHs 2/15/2017 submittal were automatically included in the review against the applicable 10 CFR compatibility tables.

Comments are regarding 10 CFR Parts 19 and 30.

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

  • 2018-1 Medical Use of Byproduct Material - Medical Event Definitions, Training and Experience, and Clarifying Amendments Parts 30, 32 and 35 01/14/2022 Final ML22223A151 Comment 08/30/2022 ML22223A041 NYC DOHMH incorporates Parts 30 and 35 by reference. Comment is regarding 10 CFR Part 30.
  • 2018-2 Miscellaneous Corrections

-Organizational Changes Parts 37, 40. 70 and 71 12/21/2021 Final ML22223A151 No Comments 08/30/2022 ML22223A041 NYC DOHMH incorporates Parts 37, 40, and 71 by reference.

  • 2018-3 Miscellaneous Corrections Parts 1, 2, 34, 37, 50, 71, 73, and 140 07/30/2022 Final ML22223A151 No Comments 08/30/2022 ML22223A041 NYC DOHMH incorporates Parts 37 and 71 by reference.
  • 2019-1 Miscellaneous Corrections Parts 2, 21, 37, 50, 52, 73, and 110 12/18/2022 Final ML22223A151 No Comments 08/30/2022 ML22223A041 NYC DOHMH incorporates Parts 37 by reference.
  • 2019-2 Organizational Changes and Conforming Amendments Parts 1, 2, 37, 40, 50, 51, 52, 55, 71, 72, 73, 74, 100, 140, and 150 12/30/2022 Final ML22223A151 No Comments 08/30/2022 ML22223A041 NYC DOHMH incorporates Parts 37, 40, and 71 by reference.

2020-1 Individual Monitoring Devices 10 CFR Parts 34, 36, and 39 06/16/2023 NA NYC DOHMH does not have licensees subject to these 10 CFR Parts.

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

  • 2020-3 Miscellaneous Corrections 10 CFR Parts 1, 2, 19, 20, 21, 30, 34, 35, 40, 50, 51, 52, 60, 61, 62, 63, 70, 71, 72, 73, 74, 75, 76, 110, and 140 11/16/2023 Final ML22223A151 Comments 08/30/2022 ML22223A041 NYC DOHMH incorporates Parts 19, 20, 30, 35, 40, and 71 by reference. Comments are regarding 10 CFR Parts 19 and 30.
  • 2021-1 Miscellaneous Corrections 10 CFR Parts 2, 11, 20, 25, 32, 35, 37, 50, 52,55, 70, 72, 73, 95, and 110 09/08/2024 Final ML22223A151 No Comments 08/30/2022 ML22223A041 NYC DOHMH incorporates Parts 20, 35, and 37 by reference.
  • 2021-2 Miscellaneous Corrections 10 CFR Parts 9, 37, 40, 50, 51, 52, 55, 71, 73, and 110 12/30/2024 Final ML22223A151 No Comments 08/30/2022 ML22223A041 NYC DOHMH incorporates Parts 37, and 40 by reference.

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

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

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 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 2/15/2017 ML17055A656 Final ML22223A151 No Comments 05/12/2017 ML17055A654 No Comments 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 2/15/2017 ML17055A656 Final ML22223A151 No Comments 05/12/2017 ML17055A654 No Comments 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 State Adoption Incoming Letter Outgoing Package Notes

  • NA Part 37 NA Proposed 2/15/2017 ML17055A656 Final ML22223A151 No Comments 05/12/2017 ML17055A654 No Comments 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 2/15/2017 ML17055A656 Final ML22223A151 Comments 05/12/2017 ML17055A654 No Comments 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 State Adoption Incoming Letter Outgoing Package Notes

  • NA Part 71 NA Proposed 2/15/2017 ML17055A656 Final ML22223A151 Comment 05/12/2017 ML17055A654 No Comments 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.
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