ML20207P249

Forwards Comments on Draft Radiation Protection Rules. Comments Will Be Discussed at 860905 Meeting in Chicago,Il. Review Did Not Include Listed Areas

ML20207P249
Person / Time
Issue date:	08/29/1986
From:	Nussbaumer D NRC OFFICE OF STATE PROGRAMS (OSP)
To:	Lash T ILLINOIS, STATE OF
Shared Package
ML20207P159	List: ML20207P168 ML20207P249 ML20207P298
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NUDOCS 8701150302
Download: ML20207P249 (12)

Text

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j r y g NUCLEAR REGULATORY COMMISSION Ref- S W OL wAsmworow. o.c. asses ,

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Dr. Terry Lash, Director

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Department of Nuclear Safety J.4 4 1035 Outer Park Drive j, [ q g' '

f Springfield. Illinois 62704

Dear Dr. Lash:

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n Thank you for the opportunity to review the draft radiation}4. protection f tsw rules and changes made to them following the JCAR review. We plan to meet with you and your staff in Chicago on September 5,1986 to discuss our coments on them.

The coments of the staffs of the Offices of State Programs and the General Counsel are enclosed. We have divided our coments into three categories:

. I- Changes that must be made to the draft regulations so that, when finally adopted. NRC may make a finding that they are compatible with the regulations of NRC.

II - Changes that we urge Illinois to seriously consider making.

While not necessary for the sake of compatibility, these are, generally, changes that would promote further consistency and uniformity between Agreement State and NRC regulations, or, would significantly enhance the effectiveness of your regulatory program.

III -Changes that reflect typographical errors or minor editorial consents.

Our review did not include:

i

, o Cross-checks of references to Federal regulations except for i those references made to NRC's. We recomend that whenever references are made to current NRC regulations, a 1986 date for the citation be given rather than 1985.

o Review of the numerical values in appendices and tables.

I Where the appendices and tables follow those in 10 CFR (or the Suggested State Regulations), the values should be identical, as appropriate.

l I

PDR

' 1 _ _ _ _ . . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

, Dr. Terry Lash .

o Routine review of those instances where "these regulations" I was replaced by reference to specific Parts of the  !

regulations. We did note some cases where the replacement .

language was incomplete and we, therefore, recommend a  !

thorough check be made of these changes. I If you have any questions concerning our connents please call Joel Lubenau at 301-492-9887.

If, in the Illinois adoption and public connent process, further changes to the draft regulations need to be considered, we would appreciate having problems.

these changes coordinated with us to avoid compatibility Sincerely, 4

i 4

DonaldA.hNussbaumer' %

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- Assistant Director for

State Agreements Program Office of State Programs i l

Enclosures:

-l As stated 4

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Enclosure OSP/0GC Staff Comments on Illinois Regulations Following JCAR Review Category I Part Section Line Coment 330 .40(c)(2)(A) last 4 Do not add the sentence beginning, "the Department shall make..." The authority to make this determination is reserved to the NRC for the materials covered in this subparagraph. [See Sec. 274c. of the Actand10CFR150.15(a)(6)]. f (Alternatively, change " Department" f%

to "NRC.")

Delete "this Part" and replace with 330 .260(d)(3) 2

" Parts 310, 320, 330, 340, 341, 350,- (

and 400" (and other Parts, if appropriate). The subject inspection system is to assure compliance with all applicable regulatory requirements.

We suggest that all changes from U "these regulations" to other language be rechecked.

330 .280(f)(2) 3-5 Delete "and certifies that he will satisfy the requirements of." As proposed, this subparagraph would only call for certification (and thus only certification can be cited as a violation). Compliance, not certification of compliance, must be required.

As an alternative, insert, after p JI

" satisfies," "and subsequently satisfies."

330 ,400(b)(

, 4) 7 2 Delete "U.S. Nuclear Regulatory g cutc Comission, an Agreement State, or h', 2 a

Licensing State." Illinois cannot authorize transfers of licensed g

"A h materials to other States or to Federal agencies.

+ '#c>.

(We comented on this in our April 23, 1986 letter to B. Salus).

A Ys. g Y'

9 Part Section Line Connient f

3/0 ,1030(c). 5 Add "after "is used," "and exposures , k 9 are evaluated" to fully track 10 CFR 20.103(c).

340 .1060(g) - This subparagraph which requires fuel cycle licensees to comply with 40 CFR Part 190" Environmental Radiation j

. Protection Standard for Nuclear Power g Operations" must be retained. It applies to uranium fuel cycle operations which includes Allied-ChemicalinMetropolis.[Ref.

10CFR20.106(g)].

340 .3110(a) 4 Sometextismissing(wedidnot notice this in our earlier review).

Place a period after " waste" and add, J(s.

"The manifest shall also include the , i jtti V 4 name, address,andtelephonenumber^'[fp k

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orthenameandEPAhazardousw identification number of the person jf.

transportin [Ref.10 t

CFR311(b)]gthewaste."

341 .40(a) 5 Delete "this part" and replace with Parts 310, 320, 330, 340, 341, 350 " (,'

and 400" (and other parts, if appropriate). This retains the full scope of the exemption originally contained in the proposed regulation.

341 .70(a 5 Delete " Agreement State or the

.70(b(3) 2&3 Department." Only NRC approves L

.140( ) 7 packages for use in transportation o K.

and handles registration of users (see10CFR71.12).

341 .70(b)(2) 3 The x-reference needs to include section 341.50.

k

! .40(a) 2 We're unaware of any published

! 35lI standards for " accepted industry practice." The extent of recovery

, efforts is usually detemined on a i case-by-case basis. In this case, l the term, " reasonable effort" is

! appropriate. Alternatively, the regulations could specify some of the specifics to be considered in making  !,e)

I determinations of " reasonableness," #"/t such as "... will be made that are commensurate with the circumstances /f of the specific case, e.g., quantity and half-life of the isotope, depth q p' of the source and presence of potable water aquifers.

Part Section Line Coment C' ,. , - -

, /*'

400 - - Part 400 (the State equivalent to 10  ;

CFR Part 19) in addition to providing -

regulatory standards for instructions etc. to workers, when promulgated and complied with, will relieve Illinois licensees of the burden of dual regulation by IDNS and OSHA. Part 19 was developed by Commission staff in-consultation with OSHA staff. The SSR model (Part J) closely follows

Part 19. As a general rule State regulations equivalent to Part 19 must be " essentially identical" to Part 19. (See, for example, NRC Policy Statement, 45 FR 7540,

Criteria 3 and 7; and in NRC Policy Statement, 45 FR 59341, the Indicator, " Status of Regulations" and the corresponding first guideline).

4 400 .110b 1 Retain the original wording which (1) limits the conditions for when a 0-[(

notice documents mayand be p(osted

2) makesinvery lieuclear of the '

that the documents referenced in 400.100(a)(4) may not be substituted for by a notice.

400 .120a(3) 3 Add to the reference to Illinois b

.120a(4) 4 regulations, Part 601.

\ b4 6 400 .130(b) 1 Insert, at the beginning of this e 3.

h.#

subparagraph, "At the request of a M L,..

worker," or, d i te i.ii y;..se, 7" , pv wo & re = gi.. rto De monitored.

4 3

400 .140(a) 2 Delete "during regular working hours .

of the facility" and replace with "atel. ;

all reasonable times." g,g ,, l.? >

400 .140(g) 3 k "

Reinsert " deliberately" before" interferes" and "

'll,IJ, J

ob. before inspection. Delete "an."

,.,C v er 400 .160(a) last Reinsert "for good cause shown" after Q".,].

, "except" aiid delete the phrase l following "except." */p q l

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1. g s.s ha ke 8 Part Section Line Consnent [ ,)h C1 ",q, fj .l At 400 .160(b) -

Retain all of the original wording h #Ig pd'#' .

(except for editorial change to F i reference to Section 400.160).

400 .170(a)(1) 1&2 Retain the reference to " Division of Nuclear Materials" or insert a new reference to an office of division <

below that of the Director of the ok Department. The references to Department in lines 5, 6 and 10 are ok. (Thepurposeofthissectionis

. to provide an appeals process, hence distinctions are needed between staff naking initial detennination and subsequent reviews).

400 .170(a)(2) 9 Insert " written" before ek

" authorization."

400 .170(a)(2) 11, 12 In line with the consnent on i 400.170(a)(1),theoriginallanguage ,Ic following " reverse" should be retained or reference to other office or division inserted.

601 .20," Waste" 4&5 Change " effective Dec. 22, 1980" to ,k definition " January 15, 1986 by P.L.99-240."

l 601 .100 - Retain the phrase, "and neet other i

financialrequirementsofthisPart"[

at the end of the sentence. This 4

nakes clear that other financial requirenents in the Part, e.g.,

601.310 must be met.

Retain the phrase, "either ok i 601 .120(a) 2 hp

& pf6* voluntarily or involuntarily" after

e " disposed of."

601 .350(a) 2 Delete "during regular working hours" I and replace with "at all reasonable ( ;4 l c'i,d times."

/27

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Category II Part Section Line Comnent NOTE: The following comment applies to " Packet 1" of Salus' August 6, 1986 letter to Lubenau, " Problems still remaining subsequent to meeting of Joint Committee and IDNS's response":

330 .900(b)(1)(B) - We disagree that standards for waiver cannot be provided [see 10 CFR 150.20

/g f (b)(1)]. Therefore, we recommend

/

6j]l od e s retention of the authority to waive

(

/ I g' the 3 day notice requirement and, as w//#d/[!aM.

p' h appro CFR 1 riate,)

0.20(badopt the language (1) retention of the in 10 s original language or a combination.

NOTE: The remaining connents apply to " Packet 2."

330 .900 last line Add to the end of the last sentence:

.900 b 3 last line "or Section 310.90."

340 .2040(b) 4&5 We question the wisdom of the change to " hospital staff ..." How will this be applied to cases where

, hospital radiology departments are ,

i semi-independent and employ their own '

workers? If volunteer workers are used they "tohospital satisfy staff?"a this requiremenf,!

lku p L L'A pre {7 ig 1 2

340 .3010(b) 2 Add references to 340.3050 and 340.3060.

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340 .3110(f)(2) 2 This may be a typo, but the reference f r mustalsoincludesubparagraph(b);340.3110 i.e., "Section ' (a l (c)."

340 .4010(c)(3) 2 Add reference to 340.3050 o

! i l 340 .4030(c) - We urge retention of the original f proposed wording or adoption of text i

used in 10 CFR 20.403(c) to provide '(*

4 (' eJ'p for protecting from public disclosure j tg the identitie's of exposed persons.

f f, Y

I 341 .60(c) -

Retain Section 341.60(c). M d ry$th f F, gl[k 341 .90(c)(2) 2 Retain " appl cable." p4

.150 2 , , . . uh"' [

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Part Section Line Coment '" ^ G '

h 341 .150(h)(1). - We are not aware of any " normal Agency Note standard" for the number of wipes and c

.30, urgedeletionofthefirstsentence.

Retain the phrase, "who, wh

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lr 350 1&2 . MX,, tr

Radiographer attendance at the site definition of radiation are used resources This makes /,f f clear that " person y supervises" ,,

means being pres t where the work ist - Q tf done. (Person supervision can be # ,..;! # f ',

subject to 1/fterpretation.)

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351 .1080(a) 5 If the phrase, "or other testing organization" is kept, then the qualification, " acceptable to the Department," should be kept.

Othentise, a paper organization could provide such certification.

Alternatively, delete "or other N

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testing organization" which will be consistent with the proposed 10 CFR O([ /'

39.41(a). -

351 .2010(a)(1) 1&2 Retain the phrase, "in a course M '-

recognized by the Department, the .- .

C, U.S. Nuclear Regulatory Comission.ok .t . ,.

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an Agreement State, or a Licensing ' ,,,,- '

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State." Yg N ' / g., ; j 4 (b R theadditionof"tdthe .'a v

51 .2010(a)(1) las line 4 \i sa sfacti regi rant,"

of the lic see or urge inc ing "or de>{/ ;, T.

s'

j. h ,,h .

i the De rtment.

l 370 .25 1&2 e change alters the sense of the gL requirement. Does IDNS not wish to 3

4 require its licensees to assure that ok individuals using sealed sources for i

" E k[ #b~ #4

\

human use are accredited physicians?

l b[re As altered, the requirement becomes a record-keeping item.

370 .40(d)(1)(B)(iii)- The rewrite has garbled this section.

is not used in 10 i f Source" housing"(iii)andtherestof CFR35.21(a)(2) L I: the section no longer tracks 10 CFR 0i W,$ 35.21(a)(2)(iii). For clarity, we J ,'ge urge retention of the original wording. '

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.t' Part Section Line Comment j **' n.(

370 40

.40 (1) 1 2

/ Inspections do not necessarily include repairs. The original iA"# hy!

en 40 (2) wording (inspection)shouldbe retained. Otherwise, this may open doors for unlicensed persons to

" inspect" teletherapy units and only repairsaretoberequiredasopposgdA'. d to preventative inspections, l

'E e, f(,D goel' f 370 .40 (2)(D) - / We ::d not 'ind U.i:, section pi 400 .150(c) - Notwithstandingthereasonstatedforv'T'Li

/ deleting this subparagraph, its y . ,

V retention is recomended because it ^',

is a useful reference for licensees to use when instructing their -y[t',P'q,,,

wor ers. yf. ..

400 .160(a) 3&4 what is the standard for determing hgf that "or that an unnecessary exposure 7 g ,.q to radiation or radioactive material has occurred"? '3 We recomend deleting $Ild}p' this.

/ -

wt gW&

and retain tfT word, 601 .270 1 / delete shal

' "may" e "should."

601 .330(a) 3 Why was "and orders" deleted?

Conceivably, IDNS may have a need to h include in an Order special y pf requirements for record-keeping.

601 2 nl In lieu of the deletion, "or other

.330(d) g, l

~MJ written Department approval or authorization," insert "or Order."

l 601 .330(h)(2)(F) - We recommend retaining this g 4 subsection, perhaps adding to the i end, "to determine compli e with M' Parts 340 and 601." ,#'

N l

Category III Part Section Line Comment NOTE: The following consnents apply to " Packet 1:" -

310 .70(b) -

We have no problem with deletion of 0g "or property" but shouldn't "or environment" be substituted so that this section tracks the Public Policy section of the Radiation Protection Act?

320 .10(a) 4 " regulations" should be singular. Ci 330 .250(b)(1) 3 The references to 10 CFR should be 30.33(a)(5)and40.32(e).

331 Appendix A(9), 4 Change "who" to "whose." i Department's response ( )DVg 340 .1020(a)(2) 3-6 Is the addition of this criterion really necessary? {.x{yhdj NOTE: The following coninents apply to " Packet 2:"

310 .20. Sealed 1 Change "is" to "means." f source definition 310 .20. Radiation - Make " gamma ray" plural. N definition 310 .30 -

Weassumethesesectionswerenot.[

.100 -

changedA nd are to be retained.

.110 -

330 .30(c)(5)(A) 4 Change 10 CFR reference to 40.13(c)(5)(1). Also, you should change the effective date to 1986.

Change the date to June 30, 1969. 8k 330 .30(c)(5)(C) 6 330 .40(a)(2) 5&6 Here and elsewhere, is there anyQ '] l# '

reason why you cannot use a 1986 date?

330 .40(c)(4) 12 Delete "32.16" and make " sections" N singular.

• 0k 330 .210(d)(4)(C) 11 The "40 CFR 25(a)" should be "10 CFR 40.25(a)."

330 .240(d) 2-6 We believe this addition belongs in Section 330.250 #[l fv8b'

< gi -

1

. Part Section t.ine Consnent .y y lh'- [

330 .260 (2)(D) Where are these sections?

, /,hfb/,l ,, f and v- ,

330 .340, title 1 Change"ast"to"at."ek # d' I 331 .120(c) 3&4 Need to strikeover " licensed ik (Department's 7&8 activities."

y\[k , response) 331 .200 2 Need to strikeover "or." t*T c.J,/ (Department's

( response) 340 .1030(d) 3 Delete"Section20.103(d)."

340 .2070(a)(1) 3 Delete "A y or." k

.2070(c)(1) 2 341 .70(d) 1 Retain "previously."

341 .110(b)(4) 3 Add a comma after "(1)."

341 .150(a) 2 Change "435" to "173.435."

341 .150(h) 1 Insert "following" after "the." (The d Department's response calls for this change).

~

341 .180(a) 4 Deletetheparenthesesabout(E)andh

.180(b) 3 (F).

(both, Department's response) 350 .3060(a)(9) 3 Make " persons" singular. M 370 .30(b)(1) 1 There is a difference between the response and the text. The text of this paragraph shows " sealed" to be deleted. It must be retained. (The section containing the responses to JCARshowsnodeletion).

370 .40(d)(1)(B)(1) 5 Add " full" after "last." k 400 .150(a) 4 Change " licensure" to " license."

601 .20. Active last Change " sowing" to " mowing."

Maintenance definition

-

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v.

Part [3ection 1.ine Comnent 601 Notice of - Change "601.120" to "601.210." 0  !

Adopted Rules, 3rd Page, - i item no. 33 l

)

601 .230(e) - While we see no problem with the changes, is the referenceJM Illinois g

DOT correct? , yJJA ,

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