ML20134K448

Requests That When Proposed Rule Adopted & Published as Final Rule,Copy of as Published Rule Be Provided for Review

ML20134K448
Person / Time
Issue date:	01/17/1997
From:	Lohaus P NRC OFFICE OF STATE PROGRAMS (OSP)
To:	Rogers C NEBRASKA, STATE OF
References
NUDOCS 9702140031
Download: ML20134K448 (8)

Text

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• JAN 1713p Ms. Cheryl Rogers, Program Manager Low-Level Radioactive Waste Program Nebraska Department of Health 301 Centennial Mall South >

P.O. Box 95007 Lincoln, NE 68509-5007

Dear Ms. Rogers:

We have reviewed the proposed amendment to 180 NAC 012.21, dated December 1996.

The proposed rule was reviewed by comparison of it and the other affected Nebraska rules

> to the equivalent NRC regulations in 10 CFR Part 61.

As 'the result of this review, we have no comment. Please note that under our current procedure, a finding that a rule meets the appropriate compatibility requirements may only '

be made based on a review of the final text of the rule. However, we have determined I that if the proposed rule was adopted without significant change, it would resolve the '

previously identified compatibility issue.'

We request that when the proposed rule is adopted and published as a final rule, a copy of the "as published" rule be provided to us for review. As requested in our All Agreement States Letter SP-96-027, "Reauest to' Hiahlicht Chances to Aareement State Reaulations Submitted to NRC for Comoatibility Review"(March 1,1996), please highlight the final changes and send one copy in a computer readable format, if possible. I l

if you have any questions regarding the comments or any of the NRC rules used in the '

review, please contact me or Mr. Richard Blanton of my staff at (301) 415-2322.

l Sincerely, -

C; & - T r

• e- : ty g P5ulN. Lohadsf Deputy Director Office of State Programs Distribution:

DIR RF (6S315) DCD (SP08)

RLBangart P D R t */' N o _

f l PLohaus RBlanton j l PLarkins jq0000 JGreeves, NMSS/DWM ,

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Nebraska File FCameron, OGC DOCUMENT NAME: G:\RLB\NE96S315.WPD'See previous concurrence To receive a copy of this document, indicate in the box: "C" = Copy without attachment / enclosure "E" = i Copy with attachment / enclosure "N" = No copy o OFFICE OSP lC OSP:DD l NMSS l OGC l OSP:D$l/

NAME RLBlantoniddb3/4 PLohaus " M # JGreeves FXCameron RLBangarf

• DATE 12/20/96 M 12/20/96* 1/3/97* 1/2/97* 1//9/97

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gga . - .w 9702140031 970117 PDR STPRO ESGNE PDR e -

1 Me. Cheryl Rogers, Program Managt Low-Lcvel Radioactiva Wcsta Progr  ;

Nebr:ska Departm:nt cf Heilth 301 Centerviial Mall South P.O. Box 90007  !

Lincoln, NF 68509-5007

Dear Ms. togers:

l We have re?ewed the proposed amendm t to 180 NAC 012.21, dated December,1996.

The proposed rule was reviewed by compa ison of it and the other affected Nebraska rules to the "quivalent NRC regulations in 10 CF Part 61.

As the result of the review we have one com ent. We consider this, however, to be an administrative rather than a compatibility com ent. Although 180 NAC 012.23,012.24, and 012.25 are Division 2 compatibility requir nts and your rules may be more restrictive, we note that the essential objective of the rules is to provide assurance of radiation protection at a disposal site, rather t a storage or treatment facility. As such, the regulations appear to apply the provisions in ctions 012.23 and 012.25 to storage and treatment facilities while this is not a compa 'bility concern. We surely note that this i may cause some confusion in the future applicati of the rule given that the provisions in 012.23 and 012.25 would not normally apply to storage or treatment facility after closure.

Please note that under our current procedure, a findi g that a rule meets the appropriate compatibility requirements may only be made based a review of the final text of the rule. However, we have determined that if the propo d rule was adopted without significant change, it would resolve the previously ide ified compatibility issue.

We request that when the proposed rule is adopted and blished as a final rule, a copy of the "as published" rule be provided to us for review. As equested in our All Agreement States Letter SP-96-027, "Reauest to Hiohlicht Channes o Aareement State Raoulations Submitted to NRC for Comoatibility Review" (March 1,1 6), please highlight the final changes and send one copy in a computer readable format if possible, if you have any questions regarding the comments or any o the NRC rules used in the review, please contact me or Mr. Richard Blanton of my staf at (301) 415-2322.

i

. Sincerely,

. Paul H. Lohaus, De Director

. Office of State Progra s Distribution:

DIR RF (6S-315) DCD (SP08)PDR (YES)

RLBangart PLohaus RBlanton \

PLarkins JGreeves, NMSS/DWM Nebraska File FCameron, OGC

\;

DOCUMENT NAME: G:\RLB\NE96S315.WPD'See previous concurrence '

To receive a copy of this document, indcate in the box: "C" = Copy without attachment / enclosure "E" =

Cepy with attachment / enclosure ' "N" = No copy OFFICE OSP IC OSP:DD 1 NMSS 1 OGC l OSP:D l NAME RLBlanton:maj PLohaus JGreeves FXCameron RLBangart DATE 12/20/96* 12/20/96* 1/3/97* 1/2/97* 12/ /96 OSP FILE CODE: SP-AG-16

Ms. Chiryl Rogers, Progr:m Manager Leiv-Levtl R:dioactive Westo Program Nebraska Department of Health 301 Centennial Mall South P.O. Box 95007 Lincoln, NE 68509-5007

Dear Ms. Rogers:

We have reviewed the proposed amendment to 180 NAC 012.21, dated December,1996.

The proposed rule was reviewed by comparison of it and the other affected Nebraska rules to the equivalent .NRC regulations in 10 CFR Part 61.

As the result of the review we have one comment. e consider this, however, to be en administrative rather than a compatibility comment. Ithough 180 NAC 012.23,012.24, and 012.25 are Division 2 compatibility requirements nd your rules may be more  :

restrictive, we note that the essential objective of the ulos is to provide assurance of radiation protection at a disposal site, rather than a sto(age or treatment facility. In  :

particular, a storage or treatment facility would presumpbly be decommissioned and t released for unrestricted use after closure and the mec anism of applying sections 012.23 and 012.25 to such facilities seems uncertain.

Please note that under our current procedure, a finding t at a rule meets the appropriate compatibility requirements may only be made based on review of the final text of the <

rule. However, we Save determined that if the proposed rule was adopted without significant change, i; would resolve the previously identified compatibility issue.

i We request that when the proposed rule is adopted and p blished as a final rule, a copy of l the "as published" rule be provided to us for review. As r quested in our All Agreement States Letter SP-96-027, "Reauest to Hiohlicht Chanaes t _ Aareement State Reaulations Submitted to NRC for Comnatibility Review" (March 1,1996), please highlight the final changes and send one copy in a computer readable formatl if possible. 1 If you have any questions regarding the comments or any o the NRC rules used in the review, please contact me or Mr. Richard Blanton of my sta f at (301) 415-2322.

Sincerely, Paul H. Lohaus, Deputy Director Office of State Progirams Distribution:

DlR RF (6S-315) DCD (SP08)PDR (YES)

RLBangart PLohausRBlanton i PLarkins Nebraska File DOCUMENT NAME: G:\RLB\NE96S315.WPD'See previous concurrence To receive a copy of this document, indicate in the box: "C" = Copy without attachment / enclosure "E" =

Copy with attachment /enclosue "N" = No copy l OFFICE OSP lC OSP:DD l, O tf$dS4V l c_ lOGC l OSP:D l NAME RLBlanton:maj PLohaus MgrHves ) FXCameron RLBangart DATE 12/20/96* 12/20/96* G4 4 6//d7. 11 2/ /96 12/ /96 OSP FILE CODE: SP-AG 16

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. 6 Ms. Cheryl Rogers, Progr m Man;gir Lcw Lcvel R:dioactiva W:ste Program Nebraska DepartmInt cf Hnith 301 Centennial Mall South P.0, Box 95007 Lincoln, NE 68509-5007

Dear Ms. Rogers:

We have reviewed the proposed amendment to 180 NAC 012.21, dated December,1996. ,

The proposed rule was reviewed by comparison ofIt and the other affected Nebraska rules I to the equivalent NRC regulations in 10 CFR Part 6 .

As the result of the review we have one comment. fe consider this, however, to be an administrative rather than a compatibility comment. Ithough 180 NAC 012.23,012.24, and 012.25 are Division 2 compatibility requirement and your rules may be more restrictive, we note that the essential objective of th rules is to provide assurance of radiation protection at a disposal site, rather than a storage or treatment facility, in particular, a storage or treatment facility would presu ably be decommissioned and released for unrestricted use after closure and the mec anism of applying sections 012.23 and 012.25 to su~.h facilities seems uncertain.

Please note that under our current procedure, a finding t at a rule meets the appropriate compatibility requirements may only be made based on a eview of the final text of the rule. However, we have determined that if the proposed ute was adopted without significant change, it would resolve the previously identifi d compatibility issue.

We request that when the proposed rule is adopted and pu lished as a final rule, a copy of l the "as published" rule be provided to us for review. As re uested in our All Agreement l States Letter SP-96-027, "Recuest to Hiahlicht Chances to creement State Reaulptions '

Submitted to NRC for Comoatibility Review" (March 1,1996), please highlight the hnal changes and send one copy in a computer readable format, i possible.

If you have any questions regardir.q the comments or any of e NRC rules used in the review, please contact me or Mr. hchard Blanton of my staff t (301) 415-2322.

Sincerely, Paul H. Lohaus, Deput Director Office of State Progra s Distribution:

DlR RF (6S-315) DCD (SP08)PDR (YES)

RLBangart PLohausRBlanton PLarkins Nebraska File DOCUMENT NAME: G:\RLB\NE96S315.WPD'See previous concurrence To receive a copy of this document, indicate in the box: "C" sure "E" =

Copy with attachment / enclosure "N" = No copy = Copy withoutb4 attachment

/ ut,h At/M/encly3 O dOf0 OFFICE OSP lC OSP:DD l NMSS l,QG k l OSP:D l

_NAME RLBlanton:maj PLohaus JGreeves FXCameron RLBangart DATE 12/20/96* 12/20/96* 12/ /96 12/ 1 96s 12/ /96 OSP FILE , CODE: SP-AG-16

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j UNITED STATES NUCLEAR REGULATORY COMMISSION o e WASHINGTON. D.C. 20066 4 001

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Ms. Cheryl Rogers, Program Manager i

Law-Level Radioactive Waste Program

. Nebraska Department of Health 301 Centennial Mall South P.O. Box 95007 Lincoln, NE 68509-5007 l

Dear Ms. Rogers:

l j We have reviewed the proposed amendment to 180 NAC 012.21, dated December,1996.

- The proposed rule was reviewed by comparison of it and the other affected Nebraska rules

to the equivalent NRC regulations in 10 CFR Part 61.

As the result of the review we have one comment. We consider this, however, to be an i administrative rather than a compatibility comment. Although 180 NAC 012.23,012.24, 1 and 012.25 are Division 2 compatibility requirements and your rules may be more i restrictive, we note that the essential objective of the rules is to provide assuranc i

5 radiation protection at a disposal site, rather than a storage or treatment facility. 6 articular, a mpt fac ~ r 1 Scqmmissioned;pnd

[rhleasg4 tric aj ' nis applying bectfogO17.23

and 012'2 t . c -s4 ce; ain.

]

j Please note that under our current procedure, a finding that a rule meets the appropriate l 1 compatibility requirements may only be made based on a review of the final text of the )

i rule. However, we have determined that if the proposed rule was adopted without i

significant changc, it would resolve the previously identified compatibility issue.

J l

We request that when the proposed rule is adopted and published as a final rule, a copy of  ;

,! 4 the "as published" rule be provided to us for review. As requested in our All Agreement )

\ States Letter SP-96-027, "Reauest to Hiohlicht Chanaes to Aareement State Reaulations 4

)

Submitted to NRC for Comoatibility Review" (March 1,1996), please highlight the final i changes and send one copy in a computer readable format, if possible, l if you have any questions regarding the comments or any of the NRC rules used in the

{

review, please contact me or Mr. Richard Blanton of my staff at (301) 415-2322. pcd l b Sincerely, s97k d

Y '/ Paul H. Lohaus, Deputy Director

/

7 Office of State Programs

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Ms. Cheryl Rogers, Program Manager Low-Levd Radioactiva Waste Program ,\

Nebr:ska Department cf Health 1 301 Centennial Mall South \

P.O. Box 95007

Lincoln, NE 68509-5007 {

3

Dear Ms. Rogers:

\ ,

We have reviewed the proposed amendment to 180 NAC 012.21, dated December,1996. l The proposed rule was reviewed by comparisch of it and the other affected Nebraska rules '

to the equivalent NRC regulations in 10 CFR PArt 61.

As the result of the review we have one nt. We comme consider \

this, however, to be an administrative rather than a compatibility commdpt. Although 180 NAC 012.23,012.24, and 012.25 are Division 2 compatibility requirements and your rules may be more restrictive, we note that the essential objective of the t rules is to provide assurance of radiation protection at a disposal site, rather than h storage or treatment facility. In particular, a storage or treatment facility would prdsumably be decommissioned and released for unrestricted use after closure and the mechanism of applying sections 12.23 and 12.25 to such facilities seems uncertain.

Please note that under our current procedure, a findirgg that a rule meets the appropriate compatibility requirements may only be made based op a review of the final text of the rule.

However, we have determined that if the proposed rule was adopted without significant change, it would resolve the previously identified compatibility issue.

We request that when the proposed rule is adopted an published as a final rule, a copy of the "as published" rule be provided to us for review. As requested in our All Agreement States Letter SP-96-027, " Request to Highlight Changesho Agreement State Regulations Submitted to NRC for Compatibility Review" (March 1,1996), please highlight the final changes and send one copy in a computer readable formal, if possible.

If you have any questions regarding the comments or any f the NRC rules used in the review, please contact me or Mr. Richard Blanton of my st f at (301) 415-2322.

Sincerely, .

' Paul H. Lohaus, Dequty Director

. Office of State Prog ams

Enclosures:

As stated Distribution:

DIR RF (6S 315) DCD (SP08) PDR (YES)

RLBangart . PLohaus RBlanton PLarkins Nebraska File l DOCUMENT NAME: G:\RLB\NE96S315.WPD 'See previous oncurrence To receive a copy of this document, Indicatg (n tpe box: "C" = Copy without attachment / enclosure "E" =

Crpy with attachment / enclosure "N" = N6/ copy \

OFFICE OSP n ]C OSR(DDJ/ [ NMSS l OGC l OSP:D l l )

NAME RLBlanton:mak^f% PLohaus 'V i JGreeves FXCameron RLBangart l l DATE 12fD98tV'u 12/di/96 12/ /96 12/\ /96 12/ /96 l OSP FILE CODE: SP-AG-16

p?'Mu O 3 UNITED STATES j

o

,j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2066dHlo01 Y

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• January 17, 1997 Ms. Cheryl Rogers, Program Manager Low-Level Radioactive Waste Program Nebraska Department of Health 301 Centennial Mall South P.O. Box 95007 Lincoln, NE 68509-5007

Dear Ms. Rogers:

We have reviewed the proposed amendment to 180 NAC 012.21, dated December 1996.

The proposed rule was reviewed by comparison of it and the other affected Nebraska rules to the equivalent NRC regulations in 10 CFR Part 61.

As the result of this review, we have no comment. Please note that under our current procedure, a finding that a rule meets the appropriate compatibility requirements may only be made based on a review of the final text of the rule. However, we have determined that if the proposed rule was adopted without significant change, it would resolve the previously identified compatibility issue.

We request that when the proposed rule is adopted and published as a final rule, a copy of the "as published" rule be provided to us for review. As requested in our All Agreement States Letter SP-96-027, "Reauest to Hiahliaht Chanaes to Aareement State Reaulations Submitted to NRC for Comoatibility Review" (March 1,1996), please highlight the final changes and send one copy in a computer readable format, if possible.

If you have any questions regarding the comments or any of the NRC rules used in the review, please contact me or Mr. Richard Blanton of my staff at (301) 415-2322.

Sincerely, h!b %{' .h /.h,c[( t Paul H. Lohaus, Deputy Director Office of State Programs [t

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EXECUTIVE TASK MANAGEMENT SYSTEM

<<< PRINT SCREEN UPDATE FORM >>> .

i TASK # - 6S315 DATE- 12/17/96 MAIL CTRL. - 1996 l l

i TASK STARTED - 12/17/96 TASK DUE - 01/09/96 TASK COMPLETED - / /

TASK DESCRIPTION - 12/13/96 - NEBRASKA IMPEP - ISSUE 4.1.2/ LEGAL ANALYSIS AMENDMENT ENCLOSED FOR YOUR COMMENT REQUESTING OFF. - NE REQUESTER - C. ROGERS WITS -

0 FYP - N  !

PROG.- RLB PERSON - STAFF LEAD - RLB PROG. AREA - l PROJECT STATUS -

OSP DUE DATE: 1/10/96 PLANNED ACC. -N LEVEL CODE - 1 l

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'- I1EC.13.19E*5 6: 26F11 flIQ4 DN HEALTH r-302 >471 0169 10.296 P.2 STATE OF NEBRASKA t

! DEPARTMENT OF HEA1.m Mark R. Horton, M.D., M.S.P.!1. .- '. ,

December 13,1996 ,

u ,.

Richard L. Bangart Director E Manun Nelson Office of State Programs United States Nuclear Regulatory Commission Washington, D.C. 20555 0001 RE: October 16,1996 IMPEP report

Dear Mr. Bangart:

I This is the response to issue 4. I 2 in the October 16,1996, IMPEP that you requested Under Nebraska law all regulations properly adopted and filed with the Nebraska Secretary of State have the effect of statutory law. 180 NAC 1-012.22 was properly adopted and filed, as such it has the effect of law and therefore is a standard and not a goal or design objet tive The Department at the time this  ;

regulation was adopted did not intend it to apply to storage and treatment facihtics that did not also do l' disposal it only intended this regulation to apply to those disposal facilities which must be able to demonstrate that concentrations released to the general environment would not exceed the standard.

The state does not currently have any brokers. treatment facilities, or storage facilities to which this regulation has been applied. According to your letter this is a Division I compatibility requirement which can only be applied to land disposal facthties. The Department uitends to amend the regulation and anticipates this een be done by hme 30,1997 The process has been started and will be expedited as much as possible A copy of the proposed amendment is enclosed for your comment Sincerely, c, -

l

/ #e d

J e w 9))

Teresa M. Hampton Assistant Agency Counsel U[ k $

Cheryl R(gets Program Manager Low-Level Radioactive Waste Program Enclosure cc. Steve Moeller

'h 301 Centennial Mall South a PO. Box 95007

• t.incoln. Nebraska 6 % 09 5007 FAX (402) 471-0383

• TP/ 4716421 An QualOpportunts/Nhrmative Action Etnployer

.. .... . ~ ~ .

1

.. K.C .13.1996 6

• 26F11 NICH D r/ HEALTH + 4G2 *J;"1 0169 I10.296 P.3 Title 180 Chapter 180 ,

PERFORMANCE OBJECTIVES 012.21 General Reaultament. Management facilities shalt be sited, designed, operated, closed, and controlled after closure so that reasonable assurance exists that exposures to individuals are within the requirements established in the performance objectives in 012.22 through 012.25. S0t46ction ,

63T@EMMEEEE0lE 012.22 Protection of theSeneral PoRMlatiOAlt9m _ Releases of Radioactivity. Concentrations of radioactive material which may be released to the general environment in ground water, surface water, air, soil, plants, or animals shall not result in an annual dose exceeding an equivalent of 0.25 Msv (25 millirems) to the whole body,0.75 Msv (75 millirems) to the thyroid, and 0.25 Msv (25 millirems) to any other organ of any member of the pub!c. Reasonable effort should be made to maintain releases of radioactivity in effluents to the general environment as low as is reasonably achievable.

012.23 Protection of Indivituals from Ina_dverttnl.l.ntnt!!iant Design, operation, and closure of the management facility shall ensure protection of any individualinadvertently intruding into the management site and occupying the site or contacting the waste at any time after active institutional controts over the management site are removed.

Q112LErciution of Individuals _During.oserallona Operations at the management facility shall be conducted in compliance with the standards for radiation protection set out in Section 004 of these regulations, except for releases of radioactivity in e41uents from the management facility, which shall be govemed by 012.22 Every reasonable effort should be made to maintain radiation exposures as low as is reasonably achievable.

OfL2LStatslity of the. Management 31tcAfteLC19Etra The management facility shall be sited, designed, used. operated, and closed to achieve long-term stability of the management site and to eliminate, to the extent prDcticable, the need for ongoing active maintenance of the management site following closure so that only surveillance, monitoring, or minor custodial care are required.

TECHNICAL REQUIREMENTS FOR MANAGEMENT FACILITIES 012J6_Managemen131tejullability Reauirements.

012.26A Management Site Suitability for Disposal. The primary emohasis in management site suitability is given to isolation of wastes and to management ste ' = 5at ensure that the long-term performance objectives are met.

012.26A1 The management site shall be capable of being characterized, modeled, analyzed and monitored.

.012 26A2 within the region where the facility is to be located, a management site should be selected so that projected population growth and future developments are not likely to affect the ability of the management facility to meet the performance objectives of th:s section.

012 26A3 Areas shall be avoided having known natural resources which, if exploited, would result in failure to meet the performance cbjectives of this section, u 12-14 DRAFT - DEC EMB ER,1986

• • It<.13.IK+, 6:25Pl1 flICH Etu HEALTH s.402 ' 71 0169 IO.296 P.1 DLp(5Pof( ,

SLl3n pg ose ScB 9soE :23 k.

] L Benprmn Nelson

umcrnor hfork B. Honon.

.M D Director l Nebraska Department of Health l Environmental Health Division l Environmental Health Protection Section i Radioactive Materials Program 301 Centennial Mall South P.O. Box 95007 Lincoln, Nebraska 68509-5007 Phone: 402-471-2168 FAX No.: 402-471-0169 ,

FAX COVER MEMO 1

DELIVER TO: Richard L. Bangart, Director Location: Office of State Programs F AX No.: 301-415-3502

Subject:

Copy of Legal Analysis requested in IMPEP Draft Report i

SENT BY: Brian Hearty, Manager Location: Radioactive Materials Program Total Number of Pages (including cover page): 3 Comments: Original sent by mail.

Date: 12/13/96 Sent by: BPH G P-14 -&