ML18159A250

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06/13/2018 Letter to A. Gray NYS DEC Final Regulations to Rats Ids 1991-4, 1995-5, 1997-1, 1998-1, 1998-5, 2007-3, and 2008-1
ML18159A250
Person / Time
Issue date: 06/13/2018
From: Christian Einberg
NRC/NMSS/DMSST
To: Anita Gray
State of NY, Dept of Environmental Conservation
Beardsley M
Shared Package
ML18107A056 List:
References
Download: ML18159A250 (15)
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Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 June 13, 2018 Ann Marie Gray Environmental Radiation Specialist 2 New York State Department of Environmental Conservation Division of Materials Management Bureau of Hazardous Waste and Radiation Management Radiation Control Permit Section 625 Broadway Albany, NY 12233-7255

Dear Ms. Gray:

We have reviewed the final revisions to the New York State Department of Environmental Conservation regulations 6 NYCRR Part 380, received by our office on April 13, 2018. These regulations were reviewed by comparison to the equivalent U.S. Nuclear Regulatory Commission (NRC) rules and Regulation Amendment Tracking System Identification Numbers (RATS IDs) 1991-4, 1995-5, 1997-1, 1998-1, 1998-5, 2007-3, and 2008-1 as identified in the enclosed State Regulation Status (SRS) Data Sheet. We discussed our review of the regulations with Sandra Hinkel on June 6, 2018.

As a result of our review, we have no comments. Please note that we have limited our review to regulations required for compatibility and/or health and safety. We have determined that the regulations, as adopted, 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.

The SRS Data Sheet summarizes our knowledge of the status of other New York State Department of Environmental Conservation 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.

A. Gray 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 267-884-2305 (Michelle.Beardsley@nrc.gov) or John Miller at 610-337-5089 (John.Miller@nrc.gov ).

Sincerely,

/RA Paul Michalak for/

Christian Einberg, Acting Deputy Director Division of Materials Safety, Security, State and Tribal Programs Office of Nuclear Material and Safeguards

Enclosure:

NYS DEC SRS Data Sheet

A. Gray

SUBJECT:

NYS-DEC FINAL REGULATIONS TO RATS IDS: 1991-4, 1995-5, 1997-1, 1998-1, 1998-5, 2007-3 AND 2008-1 DISTRIBUTION: SP[05]

John Miller, RSAO NY DEC File OFFICE DNMS, RI ASPB OGC ASPB:BC MSTR:DD NAME John Miller MBeardsley TCampbell NLO PMichalak PMichalak for via email CEinberg DATE 6/7/18 6/7/18 6/8/18 6/13/18 6/13/18 ML18159A250 OFFICIAL RECORD COPY Package ML18107A056

STATE REGULATION STATUS State: New York Department of Environmental Conservation Tracking Ticket Number: 18-35 Date: 06/13/2018

[ 7 amendment(s) reviewed identified by a

  • at the beginning of the equivalent NRC requirement.]

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 1991-1 Safety Requirements for Radiographic Equipment 01/10/1994 Not Applicable Not Applicable NYDEC does not have authority to Part 34 regulate this material under its 55 FR 843 portion of the Agreement.

(Superceded by 1997-5) 1991-2 ASNT Certification of Radiographers none Not Required Not Required These regulation changes are not Part 34 required to be adopted for purposes 56 FR 11504 of Compatibility.

(Superceded by 1997-5) 1991-3 Standards for Protection Against Radiation 01/01/1994 Final No Comments Part 20 11/06/1997 56 FR 23360; 56 FR 61352; 57 FR 38588; 57 FR 57877; 58 FR 67657; 59 FR 41641; 60 FR 20183;

  • 1991-4 Notification of Incidents 10/15/1994 Not Applicable Not Applicable NYDEC does not need to Parts 20, 30, 31, 34, 39, 40 and 70 implement this provision under its 56 FR 64980; portion of the Agreement (ML18107A073).

1992-1 Quality Management Program and 01/27/1995 Not Applicable Not Applicable NYDEC does not have authority to Misadministrations regulate this material under its Part 35 portion of the Agreement.

56 FR 34104 (Superceded by 2002-2) 1992-2 Eliminating the Recordkeeping Requirements none Not Required Not Required These regulation changes are not for Departures from Manufacturer's Instructions required to be adopted for purposes Parts 30 and 35 of Compatibility.

57 FR 45566

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 1993-1 Decommissioning Recordkeeping and License 10/25/1996 Not Required Not Required NYDEC does not have the authority Termination: Documentation Additions [Restricted for this requirement under its areas and spill sites] portion of the Agreement Parts 30 and 40 (ML081960629) 58 FR 39628 1993-2 Licensing and Radiation Safety Requirements for 07/01/1996 Not Applicable Not Applicable NYDEC does not have authority to Irradiators regulate this material under its Part 36 portion of the Agreement.

58 FR 7715 1993-3 Definition of Land Disposal and Waste Site QA 07/22/1996 Not Applicable1 Not Applicable NYDEC does not have any Program licensees subject to these Part 61 regulations. (See SECY-95-112) 58 FR 33886 1994-1 Self-Guarantee as an Additional Financial none Not Required Not Required These regulation changes are not Mechanism required to be adopted for purposes Parts 30, 40 and 70 of Compatibility.

58 FR 68726; 59 FR 1618 1994-2 Uranium Mill Tailings Regulations: Conforming 07/01/1997 Not Applicable Not Applicable NYDEC does not have authority to NRC Requirements to EPA Standards regulate this material under its Part 40 portion of the Agreement.

59 FR 28220 1994-3 Timeliness in Decommissioning Material Facilities 08/15/1997 Parts 30, 40 and 70 59 FR 36026 1995-1 Preparation, Transfer for Commercial Distribution, 01/01/1998 Not Applicable Not Applicable NYDEC does not have authority to and Use of Byproduct Material for Medical Use regulate this material under its Parts 30, 32 and 35 portion of the Agreement.

59 FR 61767; 59 FR 65243; 60 FR 322 2

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 1995-2 Frequency of Medical Examinations for Use of 03/13/1998 Not Applicable Not Applicable NYDEC does not have authority to Respiratory Protection Equipment regulate this material under its Part 20 portion of the Agreement.

60 FR 7900 1995-3 Low-Level Waste Shipment Manifest Information 03/01/1998 Final No Comments and Reporting ML083200009 12/05/2008 Parts 20 and 61 ML083290560 60 FR 15649; 60 FR 25983 1995-4 Performance Requirements for Radiography 06/30/1998 Not Applicable Not Applicable NYDEC does not have authority to Equipment regulate this material under its Part 34 portion of the Agreement.

60 FR 28323 (Superceded by 1997-5)

  • 1995-5 Radiation Protection Requirements: Amended 08/14/1998 Proposed Comment Definitions and Criteria ML17089A343 05/09/2017 Parts 19 and 20 ML17089A338 60 FR 36038 Final No Comments ML18107A073 06/13/2018 ML18107A056 1995-6 Clarification of Decommissioning Funding 11/24/1998 Not Applicable Not Applicable NYDEC does not have authority to Requirements regulate this material under its Parts 30, 40 and 70 portion of the Agreement.

60 FR 38235 1995-7 Medical Administration of Radiation and Radioactive 10/20/1998 Not Applicable Not Applicable NYDEC does not have authority to Materials regulate this material under its Parts 20 and 35 portion of the Agreement.

60 FR 48623 (Superceded by 2002-2 and 2005-2) 3

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 1996-1 Compatibility with the International Atomic Energy 04/01/1999 Not Required Not Required NYDEC has adopted final Agency regulations equivalent to RATS ID:

Part 71 2004-1.

60 FR 50248; 61 FR 28724 (Superceded by 2004-1) 1996-2 One Time Extension of Certain Byproduct, Source 02/15/1999 Not Required Not Required These regulation changes are not and Special Nuclear Materials Licenses required to be adopted for purposes Parts 30, 40 and 70 of Compatibility.

61 FR 1109 1996-3 Termination or Transfer of Licensed Activities: 06/17/1999 Not Applicablei Not Applicable NYDEC does not have any Record keeping Requirements licensees subject to these Parts 20, 30, 40, 61 and 70 regulations. (See SECY-95-112) 61 FR 24669

  • 1997-1 Resolution of Dual Regulation of Airborne Effluents 01/9/2000 License No Comment of Radioactive Materials; Clean Air Act Condition ML082100009 Part 20 ML082210044 61 FR 65120 Proposed No Comments ML17089A343 05/09/2017 ML17089A338 Final No Comments ML18107A073 06/13/2018 ML18107A056 1997-2 Recognition of Agreement State Licenses in Areas 02/27/2000 Not Applicable Not Applicable NYDEC does not have authority to Under Exclusive Federal Jurisdiction Within an regulate this material under its Agreement State portion of the Agreement.

Part 150 62 FR 1662 4

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 1997-3 Criteria for the Release of Individuals Administered 05/29/2000 Not Applicable Not Applicable NYDEC does not have authority to Radioactive Material regulate this material under its Parts 20 and 35 portion of the Agreement.

62 FR 4120 1997-4 Fissile Material Shipments and Exemptions 02/10/2000 Not Required Not Required These regulation changes are not Part 71 required to be adopted for purposes 62 FR 5907 of Compatibility. (See STP-97-078)

(Superceded by 2004-1) NYDEC has adopted final regulations equivalent to RATS ID:

2004-1 1997-5 Licenses for Industrial Radiography and Radiation 06/27/2000 Not Applicable Not Applicable NYDEC does not have authority to Safety Requirements for Industrial Radiography regulate this material under its Operations portion of the Agreement.

Parts 30, 34, 71 and 150 62 FR 28947 1997-6 Radiological Criteria for License Termination 08/20/2000 Parts 20, 30, 40, 70 62 FR 39057 1997-7 Exempt Distribution of a Radioactive Drug 01/02/2001 Not Applicable Not Applicable NYDEC does not have authority to Containing One Micro curie of Carbon-14 Urea regulate this material under its Part 30 portion of the Agreement.

62 FR 63634 5

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package

  • 1998-1 Deliberate Misconduct by Unlicensed Persons 02/12/2001 Final Comments Parts 30, 40, 61, 70, 71 and 150 ML061150561 04/25/2006 63 FR 1890; 63 FR 13773 ML061150021 Proposed Comment ML17089A343 05/09/2017 ML17089A338 Final No Comments ML18107A073 06/13/2018 ML18107A056 1998-2 Self-Guarantee of Decommissioning Funding by 07/01/2001 Not Required Not Required These regulation changes are not Nonprofit and Non-Bond-Issuing Licensees required to be adopted for purposes Parts 30, 40 and 70 of Compatibility.

63 FR 29535 1998-3 License Term for Medical Use Licenses 07/10/2001 Not Required Not Required These regulation changes are not Part 35 required to be adopted for purposes 63 FR 31604 of Compatibility. (See STP (Superceded by 2002-2) 074) 1998-4 Licenses for Industrial Radiography and Radiation 07/09/2001 Not Applicable Not Applicable NYDEC does not have authority to Safety Requirements for Industrial Radiographic regulate this material under its Operations portion of the Agreement.

Part 34 63 FR 37059

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 1998-6 Transfer for Disposal and Manifests: Minor 11/20/2001 Final No Comments Technical Conforming Amendment ML060330210 02/28/2006 Part 20 ML060720035 63 FR 50127 1999-1 Radiological Criteria for License Termination of 06/11/2002 Not Applicable Not Applicable NYDEC does not have authority to Uranium Recovery Facilities regulate this material under its Part 40 portion of the Agreement.

64 FR 17506 1999-2 Requirements for Those Who Possess Certain 10/04/2002 Not Required Not Required These regulation changes are not Industrial Devices Containing Byproduct Material to required to be adopted for purposes Provide Requested Information of Compatibility.

Part 31 64 FR 42269 1999-3 Respiratory Protection and Controls to Restrict 02/02/2003 Not Applicable Not Applicable NYDEC does not have authority to Internal Exposure regulate this material under its Part 20 portion of the Agreement.

64 FR 54543; 64 FR 55524 2000-1 Energy Compensation Sources for Well Logging 05/17/2003 Not Applicable Not Applicable NYDEC does not have authority to and Other Regulatory Clarifications regulate this material under its Part 39 portion of the Agreement.

65 FR 20337 2000-2 New Dosimetry Technology 01/08/2004 Not Applicable Not Applicable NYDEC does not have authority to Parts 34, 36 and 39 regulate this material under its 65 FR 63750 portion of the Agreement.

2001-1 Requirements for Certain Generally Licensed 02/16/2004 Not Applicable Not Applicable NYDEC does not have authority to Industrial Devices Containing Byproduct Material regulate this material under its Parts 30, 31 and 32 portion of the Agreement.

65 FR 79162 7

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 2002-1 Revision of the Skin Dose Limit 04/05/2005 Not Applicable Not Applicable NYDEC does not need to Part 20 implement this provision under its 67 FR 16298 portion of the Agreement (ML14100A011).

2002-2 Medical Use of Byproduct Material 10/24/2005 Not Applicable Not Applicable NYDEC does not have authority to Parts 20, 32 and 35 regulate this material under its 67 FR 20249 portion of the Agreement.

2003-1 Financial Assurance for Materials Licensees 12/03/2006 Not Applicable Not Applicable NYDEC does not have authority to Parts 30, 40 and 70 regulate this material under its 68 FR 57327 portion of the Agreement.

2004-1 Compatibility With IAEA Transportation Safety 10/01/2007 Final No Comments Standards and Other Transportation Safety ML060330210 02/28/2006 Amendments ML060720035 Part 71 69 FR 3697 2005-1 Security Requirements for Portable Gauges 07/11/2008 Not Applicable Not Applicable NYDEC does not have authority to Containing Byproduct Material regulate this material under its Part 30 portion of the Agreement.

70 FR 2001 2005-2 Medical Use of Byproduct Material - Recognition of 04/29/2008 Not Applicable Not Applicable NYDEC does not have authority to Specialty Boards regulate this material under its Part 35 portion of the Agreement.

70 FR 16336; 71 FR 1926 2005-3 Increased Controls for Risk-Significant Radioactive 12/01/2005 Not Applicable Not Applicable NYDEC does not have authority to Sources (NRC Order EA-05-090) regulate this material under its 70 FR 72128 portion of the Agreement.

2006-1 Minor Amendments 03/27/2009 Not Applicable Not Applicable NYDEC does not have authority to Parts 20, 30, 32, 35, 40 and 70 regulate this material under its 71 FR 15005 portion of the Agreement.

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RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 2006-2 National Source Tracking System - Serialization 02/06/2007 Not Applicable Not Applicable NYDEC does not have authority to Requirements regulate this material under its Part 32 with reference to Part 20 Appendix E portion of the Agreement.

71 FR 65685 2006-3 National Source Tracking System 01/31/2009 Not Applicable Not Applicable NYDEC does not have authority to Part 20 regulate this material under its 71 FR 65685, 72 FR 59162 portion of the Agreement.

2007-1 Medical Use of Byproduct Material - Minor 10/29/2010 Not Applicable Not Applicable NYDEC does not have authority to Corrections and Clarifications regulate this material under its Parts 32 and 35 portion of the Agreement.

72 FR 45147, 54207 2007-2 Exemptions From Licensing, General Licenses, and 12/17/2010 Not Applicable Not Applicable NYDEC does not have authority to Distribution of Byproduct Material: Licensing and regulate this material under its Reporting Requirements portion of the Agreement.

Parts 30, 31, 32 and 150 72 FR 58473

  • 2007-3 Requirements for Expanded Definition of Byproduct 11/30/2010 Proposed No Comments Material ML17089A343 05/09/2017 Parts 20, 30, 31, 32, 33, 35, 61 and 150 ML17089A338 72 FR 55864 Final No Comments ML18107A073 06/13/2018 ML18107A056 2007-4 Order Imposing Fingerprinting Requirements and 06/05/2008 Not Applicable Not Applicable NYDEC does not have authority to Criminal History Records Check Requirements for regulate this material under its Unescorted Access to Certain Radioactive Material portion of the Agreement.

NRC Order EA-07-305 72 FR 70901 9

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package

  • 2008-1 Occupational Dose Records, Labeling Containers, 02/15/2011 Proposed No Comments and Total Effective Dose Equivalent ML17089A343 05/09/2017 Parts 19 and 20 ML17089A338 72 FR 68043 Final No Comments ML18107A073 06/13/2018 ML18107A056 2009-1 Medical Use of Byproduct Material - Authorized 09/28/2012 Not Applicable Not Applicable NYDEC does not have authority to User Clarification regulate this material under its Part 35 portion of the Agreement.

74 FR 33901 2011-1 Decommissioning Planning 12/17/2015 ML17055A724 02/24/2017 NYDEC does not have authority to Parts 20, 30, 40 and 70 ML17055A711 regulate this material under its 76 FR 35512 portion of the Agreement.

2011-2 Licenses, Certifications, and Approvals for Materials 11/14/2014 Not Applicable Not Applicable NYDEC does not need to Licensees implement this provision under its Parts 30, 36, 39, 40, 70 and 150 portion of the Agreement 76 FR 56951 (ML14100A011).

2012-1 Change of Compatibility 01/25/2015 Not Applicable Not Applicable NYDEC does not have authority to Parts 31.5 and 31.6 regulate this material under its (See RATS ID: 2001-1 for Rule text) portion of the Agreement.

77 FR 3640 2012-2 Advance Notification to Native American Tribes of 08/10/2015 Transportation of Certain Types of Nuclear Waste Part 71 77 FR 34194 10

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 2012-3 Technical Corrections 08/06/2015 NYDEC does not need to Part 30, 34, 40 and 71 implement the Part 30, 34 and 40 77 FR 39899 changes of this requirement under its portion of the Agreement.

However, the Part 71 provisions need to be addressed (ML14100A011).

2012-4 Requirements for Distribution of Byproduct Material 10/23/2015 Not Applicable Not Applicable NYDEC does not need to Parts 30, 31, 32, 40 and 70 implement this provision under its 77 FR 43666 portion of the Agreement (ML14100A011).

2013-1 Physical Protection of Byproduct Material, 10 CFR 03/19/2016 02/24/2017 02/24/2017 NYDEC does not have authority to Parts 20, 30, 32, 33, 34, 35, 36, 37, 39 and 71 ML17055B014 ML17055A711 regulate this material under its 78 FR 16922 portion of the Agreement.

2013-2 Distribution of Source Material to Exempt Persons 08/27/2016 Not Applicable Not Applicable NYDEC does not have authority to and to General Licensees and Revision of regulate this material under its General License and Exemptions, portion of the Agreement.

Parts 30, 40 and 70 78 FR 32310 2015-1 Domestic Licensing of Special Nuclear Material - 01/26/2018 ML17055A724 02/24/2017 NYDEC does not have authority to Written Reports and Clarifying Amendments ML17055A711 regulate this material under its Part 70 portion of the Agreement.

79 FR 57721, 80 FR 143 2015-2 Safeguards Information - Modified Handling 01/28/2018 ML17055A724 02/24/2017 NYDEC does not have authority to Categorization, Change for Materials Facilities ML17055A711 regulate this material under its Parts 30, 37, 73 and 150 portion of the Agreement.

79 FR 58664, 80 FR 3865 11

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 2015-3 Revisions to Transportation Safety Requirements 07/13/2018 and Harmonization with International Atomic *extended to Energy Agency Transportation Requirements 08/15/2020 Part 71 See STC 17-060 80 FR 33987 2015-4 Miscellaneous Corrections, 09/02/2018 ML17055A724 02/24/2017 NYDEC does not have authority to Parts 37 and 40 ML17055A711 regulate this material under its 80 FR 45841 portion of the Agreement.

2015-5 Miscellaneous Corrections, 12/31/2018 ML17055A724 02/24/2017 NYDEC does not have authority to Parts 19, 20, 30, 32, 37, 40, 61, 70, 71 and 150 ML17055A711 regulate this material under its 80 FR 74974 portion of the Agreement.

1 IMPEP Team: verify that New York DEC does not have any licensees subject to these regulations during each review.

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