ML20140B820
| ML20140B820 | |
| Person / Time | |
|---|---|
| Issue date: | 05/13/1997 |
| From: | Cool D NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Bangart R NRC OFFICE OF STATE PROGRAMS (OSP) |
| Shared Package | |
| ML20140B813 | List: |
| References | |
| NUDOCS 9706060341 | |
| Download: ML20140B820 (8) | |
Text
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@ 'Et Q g" \ UNITED STATES 660 !
g ,j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. P055Mm01 fg)L,
.,,,,,o May 13. 1997 MEMORANDUM TO: Richard L. Bangart Director Office of State Pfogranp q, i
'/ /0 FROM: Donald A.(Coi , Director ~ ,
Division o(Indastfial'and -
Medical Nuc]ea'r Safety, NMS$ ' '
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SUBJECT:
OKLAHOMA PROPOSED ADOPTION BY REFERENCE EQUIVALENT 10 CFR PART 20 REGULATIONS '
We have reviewed your proposed response to Mike Broderick regarding the Oklahoma Proposed, Adoption by Reference, Equivalent 10 CFR Part 20 Regulations and we concur.
However, we offer the following suggestion for your consideration.
10 CFR 20.2301(Applications for exemptions) was not referenced by Oklahoma. Oklahoma regulation 252:400-1-3 (Exemptions from regulatory requirements) may not be compatible with NRC regulations. The text of Oklahoma's regulation 252:400-1-3 was not included in the package and it is unclear as to whether there is overlap with 10 CFR 20.2301. This issue was discussed with Pat Larkins of your staff on May 8,1997. Regulation 252:400-1-3 should permit the granting of exemptions to the regulations in 252:400-20-2 in a manner compatible with 10 CFR 20.2301. If additional information concerning 252:400-1-3 becomes available, NMSS ;
will be willing to review the compatibility of Oklahoma's regulation with 10 CFR 20. ;
We also note a minor edit in the tabbed paragraph of your letter. ;
1 CONTACT: Gary W. Purdy,l MOB ;
(301)415-7397 9706060341 970520 PDR STPRG ESGOK PDR
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ROUTING AND TRANSMITTAL SLIP DATE: May 2,1997 PARRALLEL CONCURRENCE / SIGNATURE f
- 1. D. COOL, NMSS - CONCURRENCE O' o
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- 2. ?Fi CAMERON,' OGC,; CONCURRENCE ' '*'
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LETTER TO: MIKE BRODERICK ENVIRONMENTAL PROGRAM ADMINISTRATOR OKLAHOMA CITY, OK FROM: RICHARD L. BANGART, DIRECTOR !
OFFICE OF STATE PROGRAMS
SUBJECT:
OKLAHOMA PROPOSED, ADOPTION BY REFERENCE, EQUIVALENT 10 CFR PART 20 REGULATIONS l l
i YOUR CONCURRENCE IS REOUESTED BY FRIDAY. MAY 13. 1997.
1 OSP CONTACT: PAT LARKINS, 415-2309 l
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1 PLEASE CALL KATHALEEN KERR. OSP. 415-2326. FOR PICK-UP. j l
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l rn y t UNITED STATES 2
j NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 200eH001 6
.... 4 Mr. Mike Broderick Environmental Program Administrator
, Radiation Management Section
( Department of Environmental Quality 1000 Northeast Tenth Street l
Oklahoma City, OK 73117-1212
Dear Mr. Broderick:
We have reviewed the proposed Oklahoma regulation covering Radiation Management, equivalent to 10 CFR Part 20, which the State plans to adopt by reference. The regulation was reviewed by comparison to the equivalent NRC regulation in the Code of Federal Reaulations. Title 10, Chapter 1, " Nuclear Regulatory Commission," Parts 0-199. We reviewed the equivalent Section of the Oklahoma reg'ulation, Title 252, Department of Environmental Quality, Chapter 400. Radiation Management, Subchapter 1. General Provisions, Part 1. Purpose, Part 3. Incorporation by Reference, and Part 5. Property Release Standards: Subchapter 20. Standards for Protection Against Radiation: Subchapter
- 9. Supplemental Standards for Protection Against Radiation; and Subchapter 17. Section 252:400-17-37, Sec. 252:40017-53, and Appendix A, B and C. Additionally, you provided a copy of the State statute defining the term " person."
As a result of our review, we have identified three comments, as enclosed. These comments must be addressed in order to assure the compatibility of your regulations.
Note, that in a subsequent telephone discussion you stated that Oklahoma plans to adopt the equivalent 10 CFR Part 20 definition for " person" in the State regulations. Comment one would be addressed if the State continues with the plan to adopt the equivalent definition in the regulations. (Please note that we are only providing comments on issues that affect the compatibility of your regulations.)
Under our current procedures, a finding that a State meets the compatibility criteria of the equivalent regulation may only be made based on a review of the final State regulation.
However, we have determined that if Wyour proposed regulation was adopted incorporating the comments and without other significant change, they would meet the compatibility criteria as indicated in Office of State Programs internal Procedure B.7. We request that when the proposed rule is adopted and published as a final rule, a copy of the "as published" rules be provided to us for review. As requested in our All Agreement States Letter SP 96-027, " Request to Highlight Changes to Agreement State Regulations Submitted to NRC for Compatibility Review" (March 1,1996), please highlight any final changes and send one copy in a computer readable format, if possible.
M. Broderick if you have any questions regarding the comments, the compatibility criteria, or any of the NRC regulations used in the review, please call me or Patricia Larkins of my staff at (301) 415-2309.
Sincerely, Paul H. Lohaus, Deputy Director Office of State Programs
Enclosure:
As stated
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l l REVIEW OF OKLAHOMA PROPOSED ADOPTION BY REFERENCE OF EQUIVALENT 10 CFR PART 20 REGULATIONS l
State NRC Div. Rule Rule Subiect and Comments 1 Statute 20.1003 Definition: " Person" The State's Statutory definition of the term " Person" includes
" federal agency." The State's inclusion of jurisdiction over Federal agencies is not consistent with 10 CFR 150.10. Section 274 cantains no explicit waiver of the sovereign immunity of the United S'.ates; therefore, the agreement does not convey any authority for the State to regulate Federal agencies. To maintain compatibility the term should be deleted or the State should provide further clarification that, with regard to agreement materials, Federal agencies are not subject to these regulations.
252:400-1-30 N/A Reference to 10 CFR For clarification, add "(Standards for Protection Against Rac'iation)"
after the term " radiation management regulations" to identify the title of the specific NRC regulation cited.
I 252:400-1 20.1003 Definitions: " License"
-31(3) m
' The State's definition of the term " License" which states: "means any final radiation management permit authorization issued by the DEQ and includes permit, license, certification and registrations,"
differs from the 10 CFR and SSR definitions which refers to a
{ license issued in accordance with specific agency regulations. The difference provides clarification for the purposes of the State regulatog program and.i.s not a compatibility issue. 7 4--
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M. Broderick If you have any questions regarding the comments, the compatibility criteria, or any of the NRC regulations used in the review, please call me or Patricia Larkins of my staff at (301) 415-2309.
Sincerely, Paul H. Lohaus, Deputy Director Office of State Programs
Enclosure:
As stated Distribution:
DIR RF (NO.7S104) DCD (SP01)
SDroggitis PDR (YES V' NO )
Oklahoma File DOCUMENT NAME: G:\PML\OKPT20.CVR
- See Previous Concurrence.
n .e . copy ., thi. eocu,n.ni. m. m th. i,.=: c copy wiinout it.en nti.ncio.or. - copy wiin ti. chm.nir.ncio.or. *N* = No copy OFFICE OSP l E OSP:DD l NMSS OGC OSP:D l
NAME PMLarkins PHLohaus DCool FXCarneron RLBangart DATE 05/02/97
- 05/02/97
- 05/ /97 05/ /97 05/ /97 OSF FILE CODE: SP-N A-1 ti i
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If you have any questions regarding the comments, the compatibility criteria, or any of the NRC regulations used in the review, please me or Patricia Larkins of my staff at (301) 415-2309.
Sincerely, ,
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Paul H. Lohaus, Depufy Director ,
Office of State Programs
Enclosure:
As stated
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Distribution:
DIR RF (NO.7S104) DCD (SP01) l RLBangan PDR (YES NO )
PLohaus l SDroggitis PML:rkins
- OK Regulations DOCUMENT NAME: G:\pml\0KPT20.pl Ta receive e copy of thee document, becote in the bos: *C' = Copy without ettschment/ enclosure *E* = Copy with attachment / enclosure *N* = No copy OFFICE gAti OM:QD l NMSS OGCl OSP:D l NAME 1 'PML'aikins @s CCool FXCameron RLBangart 3
DATE 05/01/97 051'W 97 05/ /97 05/ 197 04/ /97 l
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EXECUTIVE TASK MANAGEMENT SYSTEM
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TASK
- - 7d10L DATE- 04/14/97 MAIL CTRL. - 1997 1
TASK STARTED - 04/14/97
~~~~~~ ---~~ TASK DUE - 05/16/97 TASK COMPLETED - / /
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4 TASK DESCRIPTION - LTR TO BANGART FROM MIKE BRODERICK RE OKLAHOMA'S
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PROPOSED ADOPTION OF 10 CFR 20 NEED COMMENTS REQUESTING
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OFF. - OK REQUESTER
- BRODERICK WITS - 0 FYP - N
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PERSON - STAFF LEAD - PROG. AREA -
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PROJECT
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STATUS - DUE TO OKLAHOMA: 5/19/97 1
PLANNED ACC. -N
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