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{{#Wiki_filter:UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 August 6, 2021 Ms. Ruth E. McBurney Executive Director Conference of Radiation Control Program Directors, Inc.
{{#Wiki_filter: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
1030 Burlington Lane, Suite 4B Frankfort, KY 40601


==Dear Ms. McBurney:==
==Dear Ms. McBurney:==
We have reviewed the revisions to the Suggested State Regulations (SSRs) in Part C, Licensing of Radioactive Material received by our office on June 17, 2021, for federal concurrence. These regulations were reviewed by comparison to the equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 30, 31, 32, 40, and 70 included in Regulatory Amendment Tracking System Identification Numbers (RATS IDs) 2011-1, 2011-2, 2012-3, 2012-4, 2013-1, and 2013-2. We discussed our review of the regulations with Angela Leek on July 27, 2021.
We have reviewed the revisions to the Suggested State Regulations (SSRs) in Part C, Licensing of Radioactive Material received by our office on June 17, 2021, for federal concurrence. These regulations were reviewed by comparison to the equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 30, 31, 32, 40, and 70 included in Regulatory Amendment Tracking System Identification Numbers (RATS IDs) 2011-1, 2011-2, 2012-3, 2012-4, 2013-1, and 2013-2. We discussed our review of the regulations with Angela Leek on July 27, 2021.
As a result of our review, we have three comments related to compatibility, and one editorial comment 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 Conference of Radiation Control Program Directors (CRCPD)
As a result of our review, we have three comments related to compatibility, and one editorial comment 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 Conference of Radiation Control Program Directors (CRCPD)
Line 27: Line 26:
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:
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.
https://scp.nrc.gov/rulemaking.html.
August 6, 2021


R. McBurney                                   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 Cindy Flannery at 301-415-0223 (cindy.flannery@nrc.gov).
R. McBurney 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 Cindy Flannery at 301-415-0223 (cindy.flannery@nrc.gov).
Sincerely, Signed by Anderson, Brian on 08/06/21 Brian C. Anderson, Chief State Agreement and Liaison Programs Branch Division of Materials Safety, Security, State and Tribal Programs Office of Nuclear Materials Safety and Safeguards
Sincerely, Brian C. Anderson, Chief State Agreement and Liaison Programs Branch Division of Materials Safety, Security, State and Tribal Programs Office of Nuclear Materials Safety and Safeguards


==Enclosures:==
==Enclosures:==
: 1. Compatibility and Editorial Comments
: 1. Compatibility and Editorial Comments
: 2. CRCPD SRS Data Sheet cc: Bruce Hirschler, SSRCR Publication Manager CRCPD
: 2. CRCPD SRS Data Sheet cc: Bruce Hirschler, SSRCR Publication Manager CRCPD Signed by Anderson, Brian on 08/06/21
 
ML21217A019 letter OFFICE SALB SALB OGC SALB:BC NAME CFlannery MBeardsley NA BAnderson DATE 7/26/21 7/27/21 8/6/21


ML21217A019 letter OFFICE      SALB            SALB          OGC          SALB:BC NAME      CFlannery      MBeardsley          NA        BAnderson DATE      7/26/21          7/27/21                        8/6/21 COMPATIBILITY COMMENTS ON CRCPD REVISED SUGGESTED STATE REGULATIONS (SSRs) PART C STATE SECTION     NRC SECTION     RATS ID CATEGORY   SUBJECT and COMMENTS 1   C.3.c         40.13(c)         2013-2 B         Unimportant quantities of source material In section C.3.c, CRCPD omits a reference to the [State] Radiation Control Act.
COMPATIBILITY COMMENTS ON CRCPD REVISED SUGGESTED STATE REGULATIONS (SSRs) PART C STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 1
C.3.c 40.13(c) 2013-2 B
Unimportant quantities of source material In section C.3.c, CRCPD omits a reference to the [State] Radiation Control Act.
CRCPD needs to include the above to meet the Compatibility Category B designation assigned to 10 CFR 40.13(c).
CRCPD needs to include the above to meet the Compatibility Category B designation assigned to 10 CFR 40.13(c).
Comment stands from NRC {{letter dated|date=May 1, 2019|text=letter dated May 1, 2019}}/ML19079A310.
Comment stands from NRC {{letter dated|date=May 1, 2019|text=letter dated May 1, 2019}}/ML19079A310.
2   C.3.c.ix     40.13(c)(10)(ii) 2013-2 B         Unimportant quantities of source material CRCPD regulations in section C.3.c.ix state that persons who import must be authorized by a license issued by the NRC, but it does not explicitly state that this license is issued under § 40.52.
2 C.3.c.ix 40.13(c)(10)(ii) 2013-2 B
Unimportant quantities of source material CRCPD regulations in section C.3.c.ix state that persons who import must be authorized by a license issued by the NRC, but it does not explicitly state that this license is issued under § 40.52.
CRCPD needs to add the wording indicated above to meet the Compatibility Category B designation assigned to 10 CFR 40.13(c)(10).
CRCPD needs to add the wording indicated above to meet the Compatibility Category B designation assigned to 10 CFR 40.13(c)(10).
Comment Stands from NRC {{letter dated|date=May 1, 2019|text=letter dated May 1, 2019}}/ML19079A310.
Comment Stands from NRC {{letter dated|date=May 1, 2019|text=letter dated May 1, 2019}}/ML19079A310.
3   C.21.c.ii.(3) 40.61(a)(2)     2013-2 C         Small quantities of source and (4)                            material We note that appropriate references have been added to C.21.c.ii.(3), but the records requirements in C.95a.ii. do not include requirements equivalent to 40.61(a)(4).
3 C.21.c.ii.(3) 40.61(a)(2) and (4) 2013-2 C
Small quantities of source material We note that appropriate references have been added to C.21.c.ii.(3), but the records requirements in C.95a.ii. do not include requirements equivalent to 40.61(a)(4).  


STATE SECTION   NRC SECTION         RATS ID   CATEGORY       SUBJECT and COMMENTS Also, the record of transfer requirements in C.95a.ii. (retain for three years) is less restrictive than the requirements in 40.61(a)(2)
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS Also, the record of transfer requirements in C.95a.ii. (retain for three years) is less restrictive than the requirements in 40.61(a)(2)
(retain until licenses are terminated).
(retain until licenses are terminated).
CRCPD needs to make the changes indicated above to meet the Compatibility Category C designation assigned to 10 CFR 40.60(a).
CRCPD needs to make the changes indicated above to meet the Compatibility Category C designation assigned to 10 CFR 40.60(a).
EDITORIAL COMMENT STATE SECTION                                   COMMENT Section C.28.o.iv(1)           The word, Material in C.28.o.iv(1)(b) should be moved up to the end of C.28.o.iv(1)(a) and the remaining section renumbered accordingly.
EDITORIAL COMMENT STATE SECTION COMMENT Section C.28.o.iv(1)
The word, Material in C.28.o.iv(1)(b) should be moved up to the end of C.28.o.iv(1)(a) and the remaining section renumbered accordingly.


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/             NRC             PROPOSED         FEDERAL CONCURRENCE           COMMENTS TITLE                  REGULATION      /FINAL            GIVEN? Yes/No
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/
                        -10 CFR Parts                    DATE OF DOCUMENT/ADAMS ML# of Package A- General Provisions   19, 20, 30, 31, Proposed-        No 32, 34, 35, 36, comments          3/30/11 39, 40, 61, 70,                   ML110610112 71, and 150.
TITLE NRC REGULATION
B- Regulation of       N/A Radiation Machine Facilities and Assoc.
-10 CFR Parts PROPOSED
Healthcare Professionals
/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.
*C- Licensing of       30, 31, 32, 40, Final; no         Yes Radioactive Material    70              comments          5/12/10 ML101040766 Proposed;        No Comments          05/01/19 ML19044A444 Revised;          No Comments          08/06/2021 ML21175A125 D- Standards for       20             Proposed;         No Radiation Protection                    comments          3/30/11 ML110610112 E- Radiation Safety     34             Final; no         Yes Requirements for                        comments          2/22/16 Industrial Radiography                                    ML16036A047 Operations
Proposed-comments No 3/30/11 ML110610112 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 Revised; Comments Yes 5/12/10 ML101040766 No 05/01/19 ML19044A444 No 08/06/2021 ML21175A125 D-Standards for Radiation Protection 20 Proposed; comments No 3/30/11 ML110610112 E-Radiation Safety Requirements for Industrial Radiography Operations 34 Final; no comments Yes 2/22/16 ML16036A047


F- Medical Diagnostic N/A and Interventional X-Rays and Imaging Systems G- Use of             35         Proposed;   No Radionuclides in the            comments    4/1/10 Healing Arts                                  ML100600666 H- Radiation Safety   N/A Requirements for non-medical radiation generating devices J- Notices,           19         Proposed;   No Instructions and                comments    3/30/11 Reports to Workers,                          ML110610112 Inspections N- Regulation and     N/A Licensing of TENORM O- Decommissioning   30, 40, 70 Final; no   Yes comments    11/13/00 ML003770059 Q- Licensing and     36         Proposed; no No Radiation Safety                comments    7/11/15 Requirements for                              ML051930005 Irradiators R- Control of         N/A Radiation Radon S- Requirements for   30, 40, 70 ??           ??
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 No 3/30/11 ML110610112 N-Regulation and Licensing of TENORM N/A O-Decommissioning 30, 40, 70 Final; no comments Yes 11/13/00 ML003770059 Q-Licensing and Radiation Safety Requirements for Irradiators 36 Proposed; no comments No 7/11/15 ML051930005 R-Control of Radiation Radon N/A S-Requirements for Financial Assurance 30, 40, 70
Financial Assurance                          3/24/05 ML??
??
T- Transportation of 71         Final; no   Yes Radioactive Material            comments    9/9/14 ML14093A159 U- Licensing         40         Final; no   Yes Requirements for                comments    4/16/15 Uranium and Thorium                          ML15077A212 Processing and
??
3/24/05 ML??
T-Transportation of Radioactive Material 71 Final; no comments Yes 9/9/14 ML14093A159 U-Licensing Requirements for Uranium and Thorium Processing and 40 Final; no comments Yes 4/16/15 ML15077A212


related radioactive materials V- Physical Protection 37  Final; no Yes of Category I & II         comments 11/19/14 Quantities of                        ML14294A568 Radioactive Materials W- Radiation Safety   39 Proposed; No Requirements for Well      comments  1/30/15 Logging Operations                  ML14279A456 and Subsurface Tracer Studies X- Therapeutic         N/A Radiation machines Z- Medical             N/A Credentialing}}
related radioactive materials V-Physical Protection of Category I & II Quantities of Radioactive Materials 37 Final; no comments Yes 11/19/14 ML14294A568 W-Radiation Safety Requirements for Well Logging Operations and Subsurface Tracer Studies 39 Proposed; comments No 1/30/15 ML14279A456 X-Therapeutic Radiation machines N/A Z-Medical Credentialing N/A}}

Latest revision as of 06:58, 29 November 2024

08-06-2021 Letter to R Mcburney Re CRCPD Final Part C Ssrs
ML21217A019
Person / Time
Issue date: 08/06/2021
From: Brian Anderson
NRC/NMSS/DMSST/ASPB
To: Mcburney R
Conference of Radiation Control Program Directors (CRCPD)
Beardsley M
Shared Package
ML21175A125 List:
References
Download: ML21217A019 (8)
v • d • e


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 Part C, Licensing of Radioactive Material received by our office on June 17, 2021, for federal concurrence. These regulations were reviewed by comparison to the equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 30, 31, 32, 40, and 70 included in Regulatory Amendment Tracking System Identification Numbers (RATS IDs) 2011-1, 2011-2, 2012-3, 2012-4, 2013-1, and 2013-2. We discussed our review of the regulations with Angela Leek on July 27, 2021.

As a result of our review, we have three comments related to compatibility, and one editorial comment 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 Conference of Radiation Control Program Directors (CRCPD)

SSRs meet the compatibility and health and safety categories of the equivalent NRC regulations may only be made based on a review of the final CRCPD regulations. However, 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 Federal and State Materials and Environmental Management Programs (FSME) 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 as published regulations be provided to us for review and federal concurrence. As requested in Office of Nuclear Material Safety and Safeguards (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 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.

August 6, 2021

R. McBurney 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 Cindy Flannery at 301-415-0223 (cindy.flannery@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 Materials Safety and Safeguards

Enclosures:

1. Compatibility and Editorial Comments
2. CRCPD SRS Data Sheet cc: Bruce Hirschler, SSRCR Publication Manager CRCPD Signed by Anderson, Brian on 08/06/21

ML21217A019 letter OFFICE SALB SALB OGC SALB:BC NAME CFlannery MBeardsley NA BAnderson DATE 7/26/21 7/27/21 8/6/21

COMPATIBILITY COMMENTS ON CRCPD REVISED SUGGESTED STATE REGULATIONS (SSRs) PART C STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 1

C.3.c 40.13(c) 2013-2 B

Unimportant quantities of source material In section C.3.c, CRCPD omits a reference to the [State] Radiation Control Act.

CRCPD needs to include the above to meet the Compatibility Category B designation assigned to 10 CFR 40.13(c).

Comment stands from NRC letter dated May 1, 2019/ML19079A310.

2 C.3.c.ix 40.13(c)(10)(ii) 2013-2 B

Unimportant quantities of source material CRCPD regulations in section C.3.c.ix state that persons who import must be authorized by a license issued by the NRC, but it does not explicitly state that this license is issued under § 40.52.

CRCPD needs to add the wording indicated above to meet the Compatibility Category B designation assigned to 10 CFR 40.13(c)(10).

Comment Stands from NRC letter dated May 1, 2019/ML19079A310.

3 C.21.c.ii.(3) 40.61(a)(2) and (4) 2013-2 C

Small quantities of source material We note that appropriate references have been added to C.21.c.ii.(3), but the records requirements in C.95a.ii. do not include requirements equivalent to 40.61(a)(4).

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS Also, the record of transfer requirements in C.95a.ii. (retain for three years) is less restrictive than the requirements in 40.61(a)(2)

(retain until licenses are terminated).

CRCPD needs to make the changes indicated above to meet the Compatibility Category C designation assigned to 10 CFR 40.60(a).

EDITORIAL COMMENT STATE SECTION COMMENT Section C.28.o.iv(1)

The word, Material in C.28.o.iv(1)(b) should be moved up to the end of C.28.o.iv(1)(a) and the remaining section renumbered accordingly.

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 REGULATION

-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 No 3/30/11 ML110610112 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 Revised; Comments Yes 5/12/10 ML101040766 No 05/01/19 ML19044A444 No 08/06/2021 ML21175A125 D-Standards for Radiation Protection 20 Proposed; comments No 3/30/11 ML110610112 E-Radiation Safety Requirements for Industrial Radiography Operations 34 Final; no comments Yes 2/22/16 ML16036A047

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 No 3/30/11 ML110610112 N-Regulation and Licensing of TENORM N/A O-Decommissioning 30, 40, 70 Final; no comments Yes 11/13/00 ML003770059 Q-Licensing and Radiation Safety Requirements for Irradiators 36 Proposed; no comments No 7/11/15 ML051930005 R-Control of Radiation Radon N/A S-Requirements for Financial Assurance 30, 40, 70

??

??

3/24/05 ML??

T-Transportation of Radioactive Material 71 Final; no comments Yes 9/9/14 ML14093A159 U-Licensing Requirements for Uranium and Thorium Processing and 40 Final; no comments Yes 4/16/15 ML15077A212

related radioactive materials V-Physical Protection of Category I & II Quantities of Radioactive Materials 37 Final; no comments Yes 11/19/14 ML14294A568 W-Radiation Safety Requirements for Well Logging Operations and Subsurface Tracer Studies 39 Proposed; comments No 1/30/15 ML14279A456 X-Therapeutic Radiation machines N/A Z-Medical Credentialing N/A

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