ML20205N168

Informs of Completion of Review of Proposed Revs to Parts a, C,D & E of State of Maine Rules Re Radiation Protection,Dtd 990101.Offers Five Comments as Result of Review.Determined That Proposed Regulations Compatible with Procedure SA-200

ML20205N168
Person / Time
Issue date:	04/05/1999
From:	Lohaus P NRC OFFICE OF STATE PROGRAMS (OSP)
To:	Shawn Seeley MAINE, STATE OF
Shared Package
ML20205N171	List: ML20205N168 ML20205N189
References
NUDOCS 9904160172
Download: ML20205N168 (5)

Text

Mr. Sh wn Seeley Radiation Control Program APfl 5' 1993

1. 10 SHS,157 Cap.tol Street Augusta, ME 04333-0010

Dear Mr. Seeley:

As requested, we have reviewed the proposed revisions to Parts A, C, D, and E of the State of Ma'ne Rules Relating to Radiation Protection, dated January 1,1999. The proposed revisions were reviewed by comparison to the equivalent NRC regulations in 10 CFR Parts 20,30, and

34. We discussed our review of these regulations with Mr. Jay Hyland on March 8,1999.

As a result of our review, we have five 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 a State regulation meets the compatibility and health and safety categories of the equivalent NRC regulation may only be made based on a review of the final State regulation. However, we have determined that if your proposed regulations were adopted incorporating the comments and without other significant change, they would meet the compatibility and health and safety categories established in OSP Procedure SA-200 (formerly B.7).

W6 equest 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 OSP Procedure SA 201 - Review of State Reaulations (November 10,1998), please highlight the final changes and send one copy in a computer readable format, if possible.

If you have any questions regarding the comments, the compatibility and health and safety I

categories, or any of the NRC regulations used in the review, please contact me or Richard Blanton of my staff at (301) 415-2322 or by e-mail at PLB@NRC. GOV.

Sincerely, OriginalSigned By:

PAULH.LOHAUS Faul H. Lohaus, Director Office of State Programs

Enclosure:

As stated

\\

Distribution:

DIR RF (9-26)

DCD (SP05/)/

{

SDroggitis PDR (YESl NO

)

SSalomon 1 U O O < g' TO'Brien, ASPO BUsilton Maine File DOCUMENT NAME: G:\\RLB\\ MAINE.WPD

• See previous concurrence.

Ti receive a cop r of this document, Indicate in the bor: "C" = Copy vitthout attachment /enclosdIe 1"E' lek:opy with attachment / enclosure

• N* = No copy OFFICE cQSFb le._

OGC l

l OSP.$ V NAME RLBil(tithMb>

STreby

• PHLohdud "

DATE

'03'/O /99 04/01/99 03( )/99 OSP FILE CODE: SP-AG-13 9904160172 990405 DR

Mr. Shawn Seel;y Radiation Control Program

1. 10 SHS,157 Capitol Street Augusta, ME 04333-0010

Dear Mr. Seeley:

As requested, we have reviewed the proposed revisions t Parts A, C, D, and E of the State of Maine Rules Relating to Radiation Protection, dated Jan ry 1,1999. The proposed revisions were reviewed by comparison to the equivalent NRC reg ations in 10 CFR Parts 20,30, and

34. We discussed our review of these regulations with N. Jay Hyland on March 8,19d].

As a result of our review, we have five comments that h ve been identified in the enclosure.

Please note that we have limited our review to regulatio s required for compatibility and/or health and safety. Under our current procedure, a findi g that a State regulation meets the compatibility and health and safety categories of the uivalent NRC regulation may only be made based on a review of the final State regulation.

owever, we have determined that if your proposed regulations were adopted incorporating the mments and without other significant change, they would meet the compatibility and health and safety categories established in OSP Procedure SA-200 (formerly B.7).

We request that when the proposed regulations 7/ adopted and published as final regulations, a copy of the "as published" regulations be provicy to us for review. As requested in OSP Procedure SA-201 - Review of State Reaulations ( ovember 10,1998), please highlight the final changes and send one copy in a computer re dable format, if possible.

If you have any questions regarding the commen, the compatibility and health and safety categories, or any of the NRC regulations used i the review, please contact me or Richard Blanton of my staff at (301) 415-2322 or by e-m I at PLBONRC. GOV.

Sin erely,

~

P ul H. Lohaus, Director ice of State Programs

Enclosure:

As stated Distribution:

DIR RF (9-26)

DCD (SP05/)

SDroggitis PDR (YES NO

)

SSalomen N ) I [ p/ [

TO'Brien, ASPO BUsilton Maine File N

i T

c DOCUMENT NAME: G:\\RLB\\ MAIN v

n.

nu nemo?.W k:opy.nnerischment/encio.ur. u No copy n r.e-h,..

r w w. e n.n u neem. m en.

OFFICE

<-QSFD L._

OGC,) /y l

OSP.4 ; Vl l

l NAME RLBl46t W FXCarrprohl PHLohdus! "

DATE

'03/n /99 04 1 l /S9 03/[ )/99 OSP FILE CODE: SP-AG-13

alttuq g

UNITED STATES g

j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2006H001

%.....o April 5, 1999 Mr. Shawn Seeley Radiation Control Program

1. 10 SHS,157 Capitol Street Augusta, ME 04333-0010

Dear Mr. Seeley:

As requested, we have reviewed the proposed revisions to Parts A, C, D, and E of the State of Maine Rules Relating to Radiation Protection, dated January 1,1999. The proposed revisions were reviewed by comparison to the equivalent NRC regulations in 10 CFR Parts 20,30, and

34. We discussed our review of these regulations with Mr. Jay Hyland on March 8,1999.

As a result of our review, we have five 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 a State regulation meets the compatibility and health and safety categories of the equivalent NRC regulation may only be made based on a review of the final State regulation. However, we have determined that if your proposed regulations were adopted incorporating the comments and without other significant change, they would meet the compatibility and health and safety categories established in OSP Procedure SA-200 (formerly B.7).

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 OSP Procedure SA-201 - Review of State Reaulations (November 10,1998), please highlight the final changes and send one copy in a computer readable format, if possible.

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 me or Richard Blanton of my staff at (301) 415-2322 or by e-mail at PLB@NRC. GOV,

erely, I

l

) NL )

d4 M N

Paul H. Lohaus, Director Office of State Programs

Enclosure:

As stated

COMMENTS ON PROPOSED REVISIONS TO THE STATE OF MAINE RULES Maine NRC Category Regulation Regulation Subiect and Comments C

D.62.C.(3) 20.1403(c)(3) Criteria for license termination under restricted use -

statement of intent from govemment licensees.

We recommend that the reference to " Federal" licensees be deleted.

C E.3.V.

34.2 Definition: radiographer The proposed definition differs from the NRC definition, possibly due to an editorial error. As currently written, the proposed definition does not appear to require the attendance of the radiographer when supervising industrial radiographic operations, and therefore would not meet the essential objective. We recommend that the intended wording of the proposed definition be verified.

C E.9.C.(3) 34.27(c)(3)

Leak testing and replacement of sealed sources The proposed rule omits text found in the NRC rule, possibly due to an editorial error. Although the rule as currently written meets the essential objective, we recommend that the intended wording of the proposed rule be verified.

C E.9.D 34.27(d)

Leak testing and replacement of sealed sources We recommend that the word " agency" not be changed to

" Commission" as in the proposed rule.

A-A.2.A(74) 20.1003 Definition: Occupational dose Occupational dose is a fundamental concept of radiation protection. A uniform definition of occupational dose, used by all regulatory jurisdictions, is vital. We strongly recommend that a definition essentially identical to the following be adopted in place of the definition in the proposed rules.

" Occupational dose means the dose received by an individual in the course of employment in which the individual's assigned duties involve exposure to radiation or to radioactive material from licensed and unlicensed sources of radiation, whether in the possession of the licensee or other person. Occupational dose does not include dose received from background radiation, from any medical administration the individual has received, from eFpDsure to individuals administered radioactive material and released in accordance with 10 CFR 35.75, from voluntary participation in medical research programs, or as a member of the public."

.<e y'#.+

~

m

+ [,j.i e

=

c 5

s k,,:

p p, Dq'...,,

1. STATE PROGRAMS OFFICE T' RACK' ING'lSY STEMH > ?%

wa v.-Y.z.

.

• i,'h a

,.Q/,j [,,

,,~

~

w.

' p' m "mv.s' p !.,[h*' ;,j y / $ t.T' r]

x v.

d' 4 }; m 7g'. ?

• Q.a/?A T m :[M

• '(

. gm,

..,~ L.,, J f y

V, f 9+. V a w~.f,w%., n JACTIVE PROJECTSyW) gyp $w#NM s

e mc w

M

n. n.

J,a,w >.

c em.,., ~ s..ww.:

+

.a,

' n-5

~ 1,ew#.g q QJ% y.',mk.Q f. L ?.

. r,f ".

i....,r 6 - ~.-

w 06 4 -m, em

.c-

., - -_ hy:. mgy -

4.. %z;;.;;;:f r.

• Le f ' " (*( r i g' y ;';,.c(x M; 8 g

,,a d

,1 :., i.

s J Date: l _.2/lo/99 M; aj,6^;M,f. h %,

. 2.$

• a

1. Q' p.. J F.+ e e fh,c ' $f M y' M y

i --

. g %,@%@d%j J i

M.4 a 4

+,

,,,,.7-

j. :

a Qj; PsoleenD::l9 26 if{.{M yjae s g["Yig '

s c

he' W M wnn

.. n%g;gp* [

n R _ PioleccescdpGon*

OSP REVIEW OF MAINE REGULATIONS - LTR. TO PAUL LOHAUS

. L n.+7.n; Q $ d Q4 M, e n >, g, ' +

M, FROM SHAWN SEELEY f -

m y

a=*c 4 %.

.. s - G y,

.,-w.ceen.t,9wweey++v g%p.-

- **= armer'*.pme* 'P= *Mr W1pr.T i t.

3-x, a-

m w

V t

g vg StorDate:h,10/99[ OstWnalDele:.

,,,. my--[' Psojectead l0.'BRIEN l _3/.12/99

d. -

4 wg-

~ :.

' 4 b,-

CompleSon Date: -l... -

l E iI Due Dolo:?l==3/12/99.h;j>f P y?sV ?(O i r/y, 3mq7r. n

+

,Y

=..

4 WILL BE ABLE TO GIVE VERBAL COMMENTS TO MAINE BY 3/12/99. THEN L, + %,?

'. y w.p g:q.j. a.p%m ot

..t.

.eStatus:

b ga;; : %

. ( 3 @. ' f..,,

/,:.,

IT WILL HAVE TO GO TO OGC FOR COLaMENT.

.'s L.

xrn W H l lf:. ';.;y : :lWTemmY ~" ~~~~~ ~~ ^^^~~~7"*mWM'WW?N?^*P"?*O

.g5.0.i O

u +

1, ' Requecer/Osco -lSEELEY/ MAINE Jh/

~

%4,v M':S,+ r.12o.'sW %s,., \\

M

~ & w,

+ -

I

-aw-,A

- - v,

. mC,

. me m por syswawn. ts.woung ?,.sgresmu v'.

t

's

....e 4

.<w:...'.

3. a. ?

7:q s

il q' y },,.. p n, s' ', *,r f

• s w

,w

+

L f. 4.

.y o '

qw--

y f y..:4:_m 9

(,

,a.. w., n pm 9. O(o.s +,., i

.?,.,,.

gu.s

~m...~<

S t ~s g a p.~(

a

.,.g..*. c 4..-

p..

o,,

+.

3:

n..,

3

> ~ w; y

g

,. Extension Pequested:...P, Extension Dcde:ll __,

.m :

s.,

v h.

j-g, a 7

" mg,,yy

• q..

'h, 7%.

. _. _ ww,,. s y' M.w w,d i

O

i. ;. Rfl3 Code:[lJ00046.,,. -...,g.\\ PA Nos. l m{:

+3 [-

w

'. ~, V. ',

• t -.m '-,

n n,.n"

• n, v.1

', - n~

an-'

t e

.w e e, r+

c;t 8

.a L r y _ ',:y a n,,. >,.

. tm gtg d

, n.:

, Y 3;,

p

.4 b, w +.

p y,,,,

r gg g

.7, g$

• lM, f.

lfJh l'f l'

L..g Q

'-

• N$ A r 0;.'

u w.c>.

s.. y, s

y.

. v,.

~

.:y.

' ' ^

f c.

s

~,

s o

1 r

^

&-i:/ @ *

.$'2

'^'

<a Qw W-

^

.