ML21217A019
| ML21217A019 | |
| Person / Time | |
|---|---|
| Issue date: | 08/06/2021 |
| From: | Brian Anderson NRC/NMSS/DMSST/ASPB |
| To: | Mcburney R Conference of Radiation Control Program Directors (CRCPD) |
| Beardsley M | |
| Shared Package | |
| ML21175A125 | List: |
| References | |
| Download: ML21217A019 (8) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 August 6, 2021 Ms. Ruth E. McBurney Executive Director Conference of Radiation Control Program Directors, Inc.
1030 Burlington Lane, Suite 4B Frankfort, KY 40601
Dear Ms. McBurney:
We have reviewed the revisions to the Suggested State Regulations (SSRs) in Part C, Licensing of Radioactive Material received by our office on June 17, 2021, for federal concurrence. These regulations were reviewed by comparison to the equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 30, 31, 32, 40, and 70 included in Regulatory Amendment Tracking System Identification Numbers (RATS IDs) 2011-1, 2011-2, 2012-3, 2012-4, 2013-1, and 2013-2. We discussed our review of the regulations with Angela Leek on July 27, 2021.
As a result of our review, we have three comments related to compatibility, and one editorial comment 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 the Conference of Radiation Control Program Directors (CRCPD)
SSRs meet the compatibility and health and safety categories of the equivalent NRC regulations may only be made based on a review of the final CRCPD regulations. However, we have determined that if your regulations were revised to incorporate our comments and without other significant change, they would meet the compatibility and health and safety categories established in the Office of Federal and State Materials and Environmental Management Programs (FSME) Procedure SA-200, Compatibility Categories and Health and Safety Identification for NRC Regulations and Other Program Elements.
We request that a copy of the revised as published regulations be provided to us for review and federal concurrence. As requested in Office of Nuclear Material Safety and Safeguards (NMSS) Procedure SA-201, Review of State Regulatory Requirements, please highlight the final changes, and provide a copy to Division of Materials Safety, Security, State and Tribal Programs, NMSS.
The State Regulation Status (SRS) Data Sheet summarizes our knowledge of the status of other CRCPD Suggested State 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.
R. McBurney 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 301-415-0275 (michelle.beardsley@nrc.gov) or Cindy Flannery at 301-415-0223 (cindy.flannery@nrc.gov).
Sincerely, Signed by Anderson, Brian on 08/06/21 Brian C. Anderson, Chief State Agreement and Liaison Programs Branch Division of Materials Safety, Security, State and Tribal Programs Office of Nuclear Materials Safety and Safeguards
Enclosures:
- 1. Compatibility and Editorial Comments
ML21217A019 letter OFFICE SALB SALB OGC SALB:BC NAME CFlannery MBeardsley NA BAnderson DATE 7/26/21 7/27/21 8/6/21 COMPATIBILITY COMMENTS ON CRCPD REVISED SUGGESTED STATE REGULATIONS (SSRs) PART C STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 1 C.3.c 40.13(c) 2013-2 B Unimportant quantities of source material In section C.3.c, CRCPD omits a reference to the [State] Radiation Control Act.
CRCPD needs to include the above to meet the Compatibility Category B designation assigned to 10 CFR 40.13(c).
Comment stands from NRC letter dated May 1, 2019/ML19079A310.
2 C.3.c.ix 40.13(c)(10)(ii) 2013-2 B Unimportant quantities of source material CRCPD regulations in section C.3.c.ix state that persons who import must be authorized by a license issued by the NRC, but it does not explicitly state that this license is issued under § 40.52.
CRCPD needs to add the wording indicated above to meet the Compatibility Category B designation assigned to 10 CFR 40.13(c)(10).
Comment Stands from NRC letter dated May 1, 2019/ML19079A310.
3 C.21.c.ii.(3) 40.61(a)(2) 2013-2 C Small quantities of source and (4) material We note that appropriate references have been added to C.21.c.ii.(3), but the records requirements in C.95a.ii. do not include requirements equivalent to 40.61(a)(4).
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS Also, the record of transfer requirements in C.95a.ii. (retain for three years) is less restrictive than the requirements in 40.61(a)(2)
(retain until licenses are terminated).
CRCPD needs to make the changes indicated above to meet the Compatibility Category C designation assigned to 10 CFR 40.60(a).
EDITORIAL COMMENT STATE SECTION COMMENT Section C.28.o.iv(1) The word, Material in C.28.o.iv(1)(b) should be moved up to the end of C.28.o.iv(1)(a) and the remaining section renumbered accordingly.
CRCPD STATE SUGGESTED REGULATION STATUS SHEET Note: Even if federal concurrence has been granted, some regulations may have been amended after that date. See current RATS ID sheets for those affected regulations: https://scp.nrc.gov/rss_regamendents.html CRCPD PART/ NRC PROPOSED FEDERAL CONCURRENCE COMMENTS TITLE REGULATION /FINAL GIVEN? Yes/No
-10 CFR Parts DATE OF DOCUMENT/ADAMS ML# of Package A- General Provisions 19, 20, 30, 31, Proposed- No 32, 34, 35, 36, comments 3/30/11 39, 40, 61, 70, ML110610112 71, and 150.
B- Regulation of N/A Radiation Machine Facilities and Assoc.
Healthcare Professionals
- C- Licensing of 30, 31, 32, 40, Final; no Yes Radioactive Material 70 comments 5/12/10 ML101040766 Proposed; No Comments 05/01/19 ML19044A444 Revised; No Comments 08/06/2021 ML21175A125 D- Standards for 20 Proposed; No Radiation Protection comments 3/30/11 ML110610112 E- Radiation Safety 34 Final; no Yes Requirements for comments 2/22/16 Industrial Radiography ML16036A047 Operations
F- Medical Diagnostic N/A and Interventional X-Rays and Imaging Systems G- Use of 35 Proposed; No Radionuclides in the comments 4/1/10 Healing Arts ML100600666 H- Radiation Safety N/A Requirements for non-medical radiation generating devices J- Notices, 19 Proposed; No Instructions and comments 3/30/11 Reports to Workers, ML110610112 Inspections N- Regulation and N/A Licensing of TENORM O- Decommissioning 30, 40, 70 Final; no Yes comments 11/13/00 ML003770059 Q- Licensing and 36 Proposed; no No Radiation Safety comments 7/11/15 Requirements for ML051930005 Irradiators R- Control of N/A Radiation Radon S- Requirements for 30, 40, 70 ?? ??
Financial Assurance 3/24/05 ML??
T- Transportation of 71 Final; no Yes Radioactive Material comments 9/9/14 ML14093A159 U- Licensing 40 Final; no Yes Requirements for comments 4/16/15 Uranium and Thorium ML15077A212 Processing and
related radioactive materials V- Physical Protection 37 Final; no Yes of Category I & II comments 11/19/14 Quantities of ML14294A568 Radioactive Materials W- Radiation Safety 39 Proposed; No Requirements for Well comments 1/30/15 Logging Operations ML14279A456 and Subsurface Tracer Studies X- Therapeutic N/A Radiation machines Z- Medical N/A Credentialing