ML24023A294
| ML24023A294 | |
| Person / Time | |
|---|---|
| Issue date: | 01/23/2024 |
| From: | Adelaide Giantelli NRC/NMSS/DMSST/ASPB |
| To: | Semancik J State of CT, Dept of Energy and Environmental Protection |
| References | |
| Download: ML24023A294 (9) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Jeffrey Semancik, Director Radiation Division Bureau of Air Management Connecticut Department of Energy and Environmental Protection 79 Elm Street Hartford, CT 06106-5127
SUBJECT:
CONNECTICUT PROPOSED REVISIONS TO RADIATION PROTECTION RULES, SECTIONS 22A-153-1 THROUGH 22A-153-150
Dear Mr. Semancik:
We have reviewed the proposed revisions to the Connecticut regulations Sections 22a-153-1 through 22a-153-150, received by our office on December 5, 2023. These regulations were reviewed by comparison to the equivalent U.S. Nuclear Regulatory Commission (NRC) rules in 10 CFR 19, 20, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 70, 71, and 150 as identified in the enclosed State Regulation Status (SRS) Data Sheet. We discussed our review of the regulations with members of your staff on January 19, 2024.
As a result of our review, we have nine compatibility comments and seven editorial comments that have been identified in Enclosure 1. A redline incorporating these comments is provided in for your convenience.
The first two compatibility comments concern an issue we recently identified where the 10 CFR Parts 19 and 20 review summary sheets were not updated to incorporate the changes in compatibility from the, "Licenses, Certifications, and Approvals for Nuclear Power Plants" (72 FR 49352) (Aug. 28, 2007) rule. This rule designated certain portions of the regulations as compatibility category NRC. To address this, Connecticut must ensure that references to 10 CFR Parts remaining under NRCs regulatory authority (e.g., 10 CFR Parts 50, 52, 54, 60, 63, 72, and 76) are not incorporated by reference.
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 Connecticut regulations meet the compatibility and health and safety categories of the equivalent NRC regulation may only be made based on a review of the final Connecticut regulations. However, we have determined that if your proposed regulations were adopted, incorporating 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.
January 23, 2024
J. Semancik 2
We request that when the proposed 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 Materials Safety, Security, State, and Tribal Programs, NMSS.
The SRS Data Sheet in Enclosure 3 summarizes our knowledge of the status of other Connecticut 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: https://www.nrc.gov/agreement-states.
If you have any questions regarding the review, the compatibility and health and safety categories, or any of the NRC regulations used in the review, please contact my staff at AgreementStateRegs.Resource@nrc.gov.
Sincerely, Adelaide S. Giantelli, 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 Editorial Comments
- 2. Proposed Revisions
ML24023A294 OFFICE NMSS/MSST NMSS/MSST OGC NMSS/MSST NAME HAkhavannik SSahle JScro AGiantelli DATE 01-23-2024 01-23-2023 01-23-2023 01-23-2024 COMPATIBILITY COMMENTS ON CONNECTICUT PROPOSED REGULATIONS ENCLOSURE 2 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 1
22a-153-1, Table 1 19.2 19.3 19.11 19.20 20.1002 20.1401 20.1406 N/A Various Table 1 in Connecticut proposed regulation 22a-153-1 incorporates 10 CFR 19 and 20 by reference with exceptions. Connecticut needs to exclude portions of 19.2(a), 19.3, 19.11, 19.20, 20.1002, 20.1401, and 20.1406(a) referring to 10 CFR Parts remaining under the NRCs regulatory authority (e.g., 10 CFR 50, 52, 54, 60, 63, 72 and 76).
2 22a-153-1, Table 1 20.2203(d)
N/A NRC Reports of exposures, etc, exceeding the limits.
Table 1 in Connecticut proposed regulation 22a-153-1 incorporates 10 CFR 20 by reference with exceptions.
Section 10 CFR 20.2203(d) is NRC compatibility therefore Connecticut needs to exclude it from the list of regulations it is incorporating by reference.
3 22a-153-1, Table 1 Various N/A D
Connecticut should not incorporate by reference the terms "common defense and security" in 10 CFR 36.17(a), 36.2 definitions for Commencement of Construction and Construction, 37.11(a), 39.91, and 71.12. Common defense and security authority under the AEA is reserved to the NRC.
4 22a-153-1, Table 1 Various N/A Various Connecticut proposes to incorporate the definition of Commission in 22a-153-1, Table 1. "Commission" as defined in 10 CFR, means the NRC.
However, later in the proposed regulations, Connecticut specifies that, with few exceptions, reference to "Commission" in the incorporated Parts of 10 CFR means the Connecticut Department of Energy ENCLOSURE 2 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS and Environmental Protection. To avoid confusion, Connecticut should not incorporate by refence the definition of "Commission" in 10 CFR. 5 22a-153-1, Table 1, Section 22a-153-1(b)(5)(N),
and Section 22a-153-1(c)(18)
Various N/A Various In 22a-153-1(c), Connecticut defines several terms, including Byproduct Material, Department, Person, Source Material, Special Nuclear Material, and Sealed Source.
These definitions are adequate and compatible with NRCs definitions.
However, Connecticut also seeks to incorporate by reference these same terms in various Parts of 10 CFR.
This creates confusion and duplication.
For example, Connecticut proposed regulation 22a-153-1.(c)(6) defines Department to mean the Connecticut Department of Energy and Environmental Protection.
However, in 10 CFR 20, 30, and 40, Department is defined to mean the Department of Energy. Therefore, Connecticut would need to make clear that references to the Department in 10 CFR 30.12, 30.41(b)(1), 40.11, 40.14(c),
40.51(b)(1), 70.11 and 70.42(b)(1) remain the Department of Energy when incorporated by reference.
To address this, Connecticut should not incorporate by reference the definitions of Byproduct Material, Department, Person, Source Material, Special Nuclear Material, and Sealed Source in 10 CFR.
Connecticut should also make corresponding edits proposed in as these provisions are no longer needed given that the definitions listed above will not be incorporated by reference.
ENCLOSURE 2 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 6
Section 22a-153-1(b)(5)(D)(ii) 10 CFR Part 37 N/A Various Table 1 in Connecticut proposed regulation 22a-153-1 incorporates 10 CFR 37 by reference with exceptions.
To clarify that fingerprints for FBI criminal history records checks required by 10 CFR 37 are sent to the NRC, Connecticut should make corresponding edits to Section 22a-153-1(5)(D)(ii) as shown in the redline provided in Enclosure 2.
7 Section 22a-153-1(b)(5)(K) and (L) 10 CFR 40.31(c) 10 CFR 71.8 N/A D
C Table 1 in Connecticut proposed regulation 22a-153-1 incorporates 10 CFR 40 and 71 by reference with exceptions. Section 40.31(c) cross-references to 10 CFR 2 and 9, which CT did not incorporate by reference.
Additionally, 10 CFR 71.8 cross references 10 CFR 2, which Connecticut did not incorporate by reference. CT should substitute their equivalent state regulations or statute for 10 CFR 2 and 9 for these sections for accuracy and to meet the Compatibility Category C designation for 10 CFR 71.8. Please note that this issue is flagged with a yellow highlight in the redline provided in Enclosure 2.
8 Section 22a-153-1(b)(5)
Various N/A N/A The NRC reviewed the Parts of 10 CFR that Connecticut proposes to incorporate by reference and there are multiple instances where substitutions or further clarity is needed to avoid confusion and ensure reference to NRC or NRC regulations are not inadvertently read out of the regulatory text, as incorporated. To address this, Connecticut should make the proposed changes provided in to 22a-153-1(b)(5).
9 Section 22a-153-1(b)(5)(W)
Various N/A Various In 10 CFR 30.34, 30.41(b)(3),
30.61(b), 40.31(d), 40.32(a), 40.41(a),
(b), and (e)(4), 40.51(b)(3), 40.71, and 152.20(b) reference to the Act should mean the relevant Connecticut ENCLOSURE 2 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS statutes.
EDITORIAL COMMENTS ON CONNECTICUT PROPOSED REGULATIONS STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 1
22a-153-1, Table 1 N/A N/A N/A Table 1 in Connecticut proposed regulation 22a-153-1 includes sections for 22a-153-36, 22a-153-40, 22a-153-70, 22a-153-71 which are currently reserved. Connecticut should change these sections to indicate that there are no applicable Connecticut regulations.
2 22a-153-1.(b)(4)
N/A N/A N/A Section 22a-153-1.(b)(3), Availability and interpretation of referenced material, should be renumbered to Section 22a-153-1.(b)(4). The previous Section 22a-153-1.(b)(3) references Table 1.0.
3 22a-153-1, Table 1 and 22a-153-1.(b)(5)
N/A N/A N/A Connecticut section 22a-153-1.(b)(5) contains several repetitive statements. Examples include the references to 10 CFR 2 and highlighting the terms Foreign Obligations and Reconciliation.
Connecticut can consider addressing this repetition as proposed in.
4 22a-153-6(b)(1)
N/A N/A N/A Connecticut section 22a-153-6(b)(1) contains reference to Connecticut section 22a-153-30. Connecticut should review the reference as this may make the applicability of the fee provisions in 22a-153-6(b)(1) apply too narrowly.
5 22a-153-1, Table 1 10 CFR 170 and 171 N/A D
Table 1 in Connecticut proposed regulation 22a-153-1 incorporates 10 CFR 170 and 171 by reference with exceptions. Certain fee provisions in 10 CFR 170 and 171 are not STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS applicable to Connecticut.
Connecticut can consider excluding these portions as described in.
6 22a-153-1, Table 1 10 CFR 37.7 N/A D
Table 1 in Connecticut proposed regulation 22a-153-1 incorporates 10 CFR 37 by reference with exceptions.
Connecticut already has provisions for communications and can consider excluding 37.7 to minimize repetition.
7 22a-153-1.(c)
N/A N/A N/A Connecticut section 22a-153-1.(c) can be clarified to include exceptions by adding the phrase, subject to the exceptions listed in Table 1.0:
STATE REGULATION STATUS State: Connecticut Tracking Ticket Number: 23-45 Date:
(Amendments reviewed marked by asterisk)
RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2023-1 Miscellaneous Corrections 10 CFR PARTS 1, 2, 26, 32, 40, 50, 51, 52, 72, and 73 09/25/2026 NA 10 CFR Parts 19, 20, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 70, 71, and 150 NA ML22335A504 Comments 02/27/2023 ML22335A398 Connecticut submitted regulations that incorporate NRC regulations by reference.
NA Connecticut Final Legislation NA ML23206A019 No Comments 08/23/2023 ML23206A008 Connecticut Final Legislation