ML18107A098

Ny DEC Response to Comments from NRC Letter Dated 05/09/2017

ML18107A098
Person / Time
Issue date:	04/13/2018
From:	Office of Nuclear Material Safety and Safeguards
To:
Beardsley M
Shared Package
ML18107A056	List: ML18107A057 ML18107A080 ML18107A098 ML18159A250
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Download: ML18107A098 (1)

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NYS DEC Response to NRC Compatibility Comments on Proposed Amendment to Part 380 Regulations The New York State Department of Environmental Conservation (DEC) is one of three agencies within the state that in the environment; DEC does not issue radioactive materials licenses. As such, DEC is only authorized to adopt those rules, or portions of those rules, that are applicable to the regulation of radioactive material in the environment. Recent Communication Between DEC and NRC On March 29, 2017 DEC submitted its proposed amendments to the 6 NYCRR Part 380 regulations, Prevention and Control of Environmental Pollution by Radioactive Materials to NRC for review and comment. On May 9, 2017 NRC provided DEC with comments on three provisions , and issued an updated State Regulatory Status (SRS) for DEC which reflected those comments. DEC does not agree with two of comments, as explained below. Notification of Incidents (RATS 1991-4) As stated by NRC in the previous SRS for DEC The reason DEC does not need to adopt this provision is because it is already covered by the State licensing agencies, which captures the universe of regulated parties within the State. Nonetheless, DEC included a Notification of Incidents provision in the proposed (and final) amendment to Part 380; the notification threshold in the proposed amendment is significantly s, to require reporting of environmental release incidents of interest to DEC. However, comment stated that DEC needed to replace its proposal to require notification of incidents . DEC disagrees with comment, because this requirement does not need to be adopted by DEC at all. Even if DEC were required to adopt this provision (which is not the case), this is a Category C provision - the essential objectives of the program element should be adopted by the State to avoid conflicts, duplications or gaps; the manner in which the essential objectives are addressed need not be the same as NRC. In addition, the notification On March 22, 2018, NRC revised the SRS for DEC to Definition: Public Dose (RATS 1995-5) DEC regarding this provision and has added to the final rule as suggested by NRC. Deliberate Misconduct (RATS 1998-1) NRC made two comments regarding this provision. comment, because these terms are included in the proposed (and final) rule. Please see proposed Section 380-10.8(a) which stateshis section applies to the following persons and their employees(emphasis added). DEC regarding this provision, and has added to the final rule as suggested by NRC.