ML20211F012
| ML20211F012 | |
| Person / Time | |
|---|---|
| Issue date: | 09/15/1997 |
| From: | NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | |
| Shared Package | |
| ML20211E975 | List: |
| References | |
| 5.9, NUDOCS 9709300329 | |
| Download: ML20211F012 (65) | |
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1 Adequacy and Compatibility of Agreement State Progratns Directive 5.9 PDR
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l Vohime 5, Governinental Relations and Public Affairs Adequacy and Compatibility of Agreement State Programs Directive 5.9 Contents Pol i cy..............................................
1 O bj ect i v es...........................................
1 Organizational Responsibilities and Delegations of Authority........
2 Executive Director for Operations (EDO)
.................2 Director, Office of State Programs (OSP).................
2 Office of the General, Counsel (OGC)....................
3 Director, Office of Nuclear Regulatory Research (RES)........
3 Director, Office of Nuclear Material Safety and Safeguards (NMSS)...........................
4 Director, Office for Analysis and Evaluation of Operational Data (AEOD)........................
4 Regional Administrators.............................
4 A pplicability.........................................
4 l l a n d boo k...........................................
5 Re fe re n ces...........................................
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l U.S. Nuclear Regulatory Commission Volume: 5 Governmental Relations and Public Affairs Adequacy and Compatibility of Agreement State Programs Directive 5.9 Policy (5.9-01)
It is the policy of the U.S. Nuclear Regulatory Commission to evaluate Agreement State progra.ns established pursuant to Section 274 of the Atomic Energy Act (AEA) of 1954, as amended, for adequacy to protect public health and salety and compatibility with NRC's regulatory program.
Objectives (5.9-02)
To establish the process NRC staff will follow to determine when a proposed or final Commission regulation or program element should be adopted as a legally hinding requirement by an Agreement State and whether adoption is required for the purpose of compatibility or health and safety as set out in the Policy Statement on Adequacy and Compatibility of Agreement State Programs. (1)
Approved: (Date) 1
Volume 5, Governmental Relations and Public Affairs Adequacy and Compatibility of Agreement State Programs Directive 5.9 To identify Commission regulations and program elements that unist be implemented as legally binding requirciaents by an Agreement State to maintain a program that is adequate to protect public health and safety and compatible with NRC's regulatory program. (2)
To describe how NRC staff should apply provisions of the Policy Statement to current and future Agreement State regulations and program elements.
(3)
Organizational RcSponSibilitieS and Delegation of Authority (5.9-03)
Executive Director for Operations (EDO)
(031)
Oversees the program to evaluate adequacy and compatibility of Agreement State programs.
Director,0111ce of State Prograins (OSP)
(032)
Reviews the adequacy and compatibility of Agreement State programs through the Integrated Materials Performance Evaluation Program (Management Directive 5.6), (a)
Reviews, evaluates, and determines, in coordination with other NRC offices, those NRC program elements that an Agreement State should adopt for compatibility or adequacy. (b)
Approved: (Date) 2
.o Volume 5, Governmental Relations and Public Affairs Adequacy and Compatibility of Agreement State Programs Directive 5.9 Assists in the review, evaluation, anri determination of those NRC regulations that an Agreement State should adopt as legally binding requirements for the purpose of compatibility or health and safety. (c) e Coordinates the review of Agreement State regulations and program elements with other NRC ollices. (d)
Office of the General Counsel (OGC)
(033)
Assists in the review, evaluation, and determination of those NRC program elements and regulations that an Agreement State should adopt for the purpose of compatibility or health and safety. (a)
Advises staff on findings regarding the adequacy and compatibility of e
Agreement State regulations and program elements. (b)
Director, Office of Nuclear Material Safety and Safeguards (NMSS)
(034)
Reviews, evaluates, and determines, in coordination with other NRC offices, those NRC regulations that an Agreement State should adopt as legally hinding requirements for the purpose of compatibility or health and safety. (a)
Assists in the review, evaluation, and determination of those NRC program elements that an Agreement State should adopt for the purpose of compatibility or health and safety. (b)
Approved: (Date) 3
Volume 5, Governmental Relations and Public Affairs Adequacy and Compatibility of Agreement State Programs Directive 5.9 Director, Office of Nuclear Regulatory Research (RES)
(035)
Assists in the review, evaluation, and determination of those NRC program elements and regulations that an Agreement State should adopt for the purpose of compatibility or health and safety.
Director, Office for Analysis and Evaluation of Operational Data (AEOD)
(036)
Assists in the review, evaluation, and determination of those NRC program elements and regulations that an Agreement State should adopt for the purpose of compatlhility or health and safety.
Regional Administrators (037)
Assists in the review, evaluation, and determination of those NRC program elements and regulations that an Agreement State should adopt for the purpose of compatibility or health and safety.
Applicability (5.9-04)
The policy and guidance in this directive and handw ;.; ply to all NRC employees who are responsible for and participate in the review and evaluation of Agreement State regulatory programs or are involved in development and promulgation of NRC regulations or program elements for byproduct, source, and special nuclear materials.
Approved: (Date) 4 l
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Volume 5, Governmental Relations and Public Affairs Adequacy and Compatibility of Agreement State Prograins Directive 5.9 Handbook (5.9-05) llandbook 5.9 describes the criteria and the process that will be used to determine the compatibility and health and safety components of NRC regulations and program elements that an Agreement State should adopt for an adequate and compatible program.
References (5.9-06) ntle 10 of the Code of Federal Regulations Management Directive 5.6, " Integrated Materials Performance Evaluation Program (IMPEP)."
" Final Policy Statement on Adequacy and Compatibility of Agreement State Programs," dated [ insert effective date].
" Final ' Statement of Principles and Policy for the Agreement State Program" dated [ insert effective date).
Approved: (Date) 5
Adequacy and Compatibility of Agreement State Programs Handbook 5.9
Volume 5, Governmental Relations and Public Affairs Adequacy and Compatibility of Agreement State Programs llandbook 5.9 Parts I - VI Contents Part 1 I n t rod u c t i o n......................................... 1 O v e rv i e w........................................................ 1 Policy Statement on Adequacy and Compatibility of Agreement State Programs................................. 1 Part 11 Categorization Criteria............................. 4 C r i t e ri a......................................................... 4 Part til Categorization Process for NRC Program Elements. 8 Part IV Applicability to NRC Program Elements............ 9 Current NRC Regulations and Other Program Elements............... 9 Future NRC Regulations and Other Program Elements................ 9 Part V Applicability to Agreement State P rog ra m Ele m e n t s...................................... 10 Current Agreement State Program Elements........................ 10 Future Agreement State Program Elements......................... 11 Evaluation of Applications for Agreement State Status................ 1I i
Part VI Additional Implementing issues....................
12 Use of nianagement Directive 5.9 and llandbook 5.9.................. 12 Esse n t ia l Obj ect ives.............................................. 12 Esse n tially Id en tical.............................................
12 Legally llinding Requirements.....................................
13 Ti m e Fra m es fo r A doptio n........................................
13 Pa rt V I I G lossa ry............................................
15 APPENDIX Appendix A Flo w C h a rt................................
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Part I Introduction Overview (A)
The Policy Statement on Adequacy and Compatibility of Agreement State Programs (Policy Statement) sets forth the approach that the Commission will use to determine those program elements that should be adopted by an Agreement State to maintain an adequate and compatible program. This handbook describes the specific criteria and process that will be used to identify the compatibility categories of those NRC program elements that should be adopted and implemented by an Agreement State for purposes of compatibility, as well as for identifying those program elements that have a particular health and safety significance, it further describes how NRC staffis to apply the provisions of the Policy Statement to current and future Agreement State program elements for purposes of compatibility. Ilowever, the overall detennination of adequacy and compatibility for an Agreement State is made pursuant to Management Directive 5.6, The Integrated Materials Performance Evaluation Program (IMPEP).
Policy Statement on Adequacy and Compatibility of Agreement State Programs (B)
An Agreement State radiation control program is compatible with the Commission's regulatory program when the State program does not create confilets, duplications, gaps, or other conditions
. that jeopardize an orderly pattern in the regulation of agreement material (source, byproduct, and small quantities of special nuclear material as identified by Section 274b. of the AEA) on a nationwide basis. As a general matter, compatibility focuses primarily on the potential effects of State action or inaction either on the regulation of agreement material on a nationwide basis or on otherjurisdictions. The concept of compatibility does not directly address matters of health and safety within a particular Agreement State; such matters are addressed directly under adequacy.
ilowever, many program elements fbr compatibility also impact public health and safety; therefore, they also may be considered program elements for adequacy. Further, basic radiation protection standards and program elements with transboundary implications, although important for health and safety within the State, should be uniform nationwide for compatibility purposes.
(1)
An Agreement State radiation control program is adequate to protect public health and safety if administration of the program provides reasonable assurance of protection of public health and safety in regulating the use of agreement material. The level of protection afforded by the program elements of NRC's materials regulatory program is presumed to be that which is adequate to provide a reasonable assurance of protection of public health and safety. A subset of one of the five elements identified to help provide such reasonable assurance is legally binding Approved (Date)
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requirements addressing protection of public health and safety within the State. (2) llased on the Policy Statement, NRC program elements (including regulations) can be placed ir.to four compatibility categories. In addition, NRC program elements can also be identified as having particular health and safety significance or as being reserved solely to the NRC. These are summarized below. (3)
Compatibility Category A (a)
NRC program elements in Category A are those that are basic radiation protection standards and scientific terms and definitions that are necessary to understand radiation protection concepts.
The program elements adopted by an Agreement St'.te should be essentially identical to those of NRC to provide uniformity in the regulation of agreement material on a nationwide basis.
Compatibility Category ll(b)
NRC program elements in Category 11 are those that apply to activities that have direct and significant transboundary implications. An Agreement State should adopt program elements essentially identical to those of NRC.
Compatibility Category C (c)
NRC program elements in Category C are those that do not meet the criteria of Category A or 11, but the essential objectives of which an Agreement State should adopt to avoid conflict, duplication, gaps, or other conditions that would jeopardize an orderly pattern in the regulation of agreement material on a nationwide basis. An Agreement State should adopt the essential objectives of the NRC program elements.
Compatibility Category D (d)
NRC program elements in Category D are those that do not meet any of the criteria of Category A,11, or C, above, and, thus, do not need to be adopted by Agreement States for purposes of corrpatibility.
Ilealth and Safety (c)
Th:se are NRC program elements that are not required for compatibility (i.e., Category D), but that have been identified as having a particular health and safety role (i.e., adequacy) in the regulation of agreement material within the State. Although not required for compatibility, the State should adopt program elements in this category based on those of NRC that embody the essential objectives of the NRC program elements because of particular health and safety considerations.
Approved (Date) 2 1
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These are NRC program elements that address areas of regulation that cannot be relinquished to l
Agreement States pursuant to the AEA or provisions of Title 10 of the Code of Federal l
Regulations. These program elements are designated "NRC" and should not be adopted by Agreement States.
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Categorization Criteria 4
Criteria (A)
Compatibility Category A'(1)
To be hcluded in Category A, an NRC program element is to be generally applicable and is to be a dose limit or a related concentration or release limit or a scientific term, definition, sign, or label that is necessary to understand basic radiation protection principles (basic radiation l
protection standard). Ilasic radiation protection standards do not include constraints or other limits below the level associated with ' adequate protection' that take into account permissible balancing considerations such as economic cost and other factors. (a)
Examples include, but are not necessarily limited to: (b)
T public dose limits (e.g.,10 CFR 20.1301) plus any regulation that relates directly l
e to these dose limits (i) i e
concentration and release limits (ii) occupational dose limits (e.g.,10 CFR 20.1201) plus any regulation that directly e
relates to these dose limits (iii) e dose limits in 10 CFR 61.41 (iv) e radiation symbol (v) e caution signs and labels (vi) scientific terms (e.g., conventional and Syst6me Internationale units, definitions of e
types of radioactive material) (vii) e definitions needed for common understanding (e.g., restricted area, year, stochastic)(viii)
Compatibility Category H' (2)
To be included in Category 13, an NRC program element is to be one that applies to activities that have direct and significant effects in multiple jurisdictions. (a)
Examples include, but are not necessarily limited to: (b)
' Many program elements for compatibility also impact public health and safety; therefore, they may also be considered program elements for adequacy.
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transportation requirements (e.g., low level radioactive waste manifests, e
packaging requirements)(i) e requirements for approval of products that are distributed nationwide (e.g., scaled sources and devices)(ii) e definitions of products (e.g., sources and devices) that licensees routinely transport in multiplejurisdictions (iii) e content and format of sealed source and device registration certificates. (iv)
Compatibility Category C' (3)
To be included in Category C, an NRC program element is to be one, the essential objective (s) of which an Agreement State should adopt to avoid conflicts, duplications, or gaps in the regulation of agreement material on a nationwide basis and that, if not adopted, would result in an undesirable consequence. Definitions of"confilet,"" duplication," and " gap" are included in Part Vil (Glossary). (a)
Examples of undesirable consequences include, but are not necessarily limited to: (b) exposure to an individual in a different jurisdiction in excess of the basic radiation e
protection standards established for compatibility in Category A, above; (i) undue burden on interstate commerce (e.g., additional recordkeeping or training e
requirements);(ii) preclusion of an effective review or evaluation by the Commission of the NRC e
and Agreement State programs for agreement material with respect to protection of public health and safety;(iii) e preclusion of a practice in the national interest:(iv) absence or impainnent of effective communication; (v) e e
lack of minimum level of safety for agreement material - containing products distributed nationwide;(vi) e disruption of the regulation of agreement material on a nationwide basis. (vii)
Examples of program elements in this category include, but are not necessarily limited to: (d) e reports oflost or stolen agreement material or misadministrations (i) radiation surveys for industrial radiographers and well loggers (ii) 1 e
e documents and records required at temporary job sites. (iii)
Compatibility Category D (4) i NRC program elements that do not meet any of the criteria of Category A, B, or C, above, are Category D and are not required for compatibility purposes. (a)
Approved (Date) 5
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IIcalth and Safety (5)
An NRC program element that is not required for compatibility and could result directly (i.e.,2 or fewer failures )in an exposure to an individual in excess of the basic radiation protection 2
standards in Category A ifits essential objectives were not adopted by an Agreement State is identined as having particular health and safety significance. (a)
Examples of such program elements include, but are not necessarily limited to: (b) e requirement for irradiator interlocks (i) safety checks for medical teletherapy facilities (ii) e e
package opening procedures. (iii)
Exclusive NRC Regulatory Authority (6)
The NRC program elements in this category are those that relate directly to areas of regulation reserved to the NRC by the AEA or the provisions of Title 10 of the Code of Federal Regulations. (a)
Examples include, but are not necessarily limited to: (b) issuance oflicenses for production and :itilization facilities (i) e regulation of activities in federal offshore waters (ii) e issuance oflicenses for distribution to exempt persons. (iii) e Although an Agreemen* State may not adopt program elements reserved to NRC,it may wish to inform its licensees of certain requirements via a mechanism that is consistent with the particular State's administrative procedure laws, but does not confer regulatory authority on the State. (c) lixamples include, but are not necessarily limited to: (d)
Agreement State licensee submission to the Commission of nuclear material e
transfer reports pursuant to 10 CFR 150.16 (i)
Agreement State licensee compliance with US/lAEA safeguards agreement e
pu.
nt to 10 CFR 150.17a and 10 CFR Part 75 (ii) 2 The concept embodied by "2 or fewer failures" is that if the essential objectives of the program element were not adopted and implemented, then an event could occur that would not have taken place were the essential objectives adopted. This alone, or in conjunction with at most one other event, could result in exposure of an individual in excess oflimits set by basic radiation protection standards.
Approved (Date) 6
Agreement State licensee submission to the Commission of tritium reports pursuant to 10 CFR 150.19 (iii)
Approved (Date) 7
Part III Categorization Process for NRC Program Elements The protocol to be used to assign a compatibility category to NRC program elements or to identify a program element as having particular health and safety significance !s diagramed in the flow chart in Appendix A. The basis of the flow chart is a series of questions that are listed below. Each program element is tested by asking the series of questions below in the order given. The answers to these questions determine the compatibility category for each NRC t
program element or identify it as having particular health and safety significance. (A)
Question (1) Do the essential objectives of the program element address a regulatory area reserved solely to the authority of the NRC7 If the response to the question is "yes", the compatibility category is "NRC." If the response to the question is "no," then proceed to Question (2). (1)
Question (2) Do the essential objectives of the program element address or define a basic radiation protection sandard as defined by the Polley Statement or is it a definition, tenu, sign, or symbol needed for a common understanding of radiation protection principles? If the response to this question is "yes", the compatibility category is "A." If the response to the question is "no", then proceed to Question (3).(2)
Question (3) Do the essential objectives of the program element address or define an issue that has a significant, direct transboundary implication? If the response to this question is "yes", the compatibility category is "II." If the response to the question is "no", then proceed to Question (4). (3)
Question (4) Would the absence of the essential objectives of the program element from an Agreement State program create a conflict or gap? If the response to this question is "yes", the compatibility category ' "C". If the response to the question is "no",
then the compatibility category is 'i and proceed to Question (5) to determine whether the program element showL be identified as having particular health and safety significance. (4) t Question (5) Would the absence of the essential objectives of the program element from an agreement state program create a situation that could directly result in exposure to an individual in excess of the basic radiation protection standards found in compatibility category A? If the response to this question is "yes", the program l
clement is not required for purposes of compatibility, but is identified as having l
particular health and safety significance. ($)
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Part IV Applicability to NRC Program Elements Current NRC Program Elements (A)
The compatibility category and identification of particular health and safety significance for current Commission program elements that are applicable to the regulation of agreement materials are found in OSP Intemal Procedure B.7 (Revision 1)," Compatibility Categories and llcalth and Safety identification for NRC Regulations and other Program Elements." B.7 will be updated periodically as final rules are published.
Future NRC Regulations and Other Program Elements (B)
The compatibility category or identification of particular health and safety significance of a proposed rule is to be suggested at the time the rulemaking plan is formulated and is to be coordinated with the Agreement States according to Management Directive 6.3, "The Rulemaking Process." Staffis to use Management Directive 5.9 to determine the compatibility category or to identify particular health and safety significance for each drafl rulemaking plan.
OSP Internal Procedure B.7 (Revision 1) will be revised to incorporate the results of these determinations aftc. the final rule or program element is adopted.
Approved (Date) 9 l
PART V Applicability to Agreement State Program Elements Current Agreement State Program Elements (A)
Regulations (1)
NRC regulations that had not been required for compatibility according to OSP Internal Procedure 13.7," Criteria for Compatibility Determinations," but, pursuant to the new Policy Statement, are included in compatibility categories A, B, or C or are identified as having health and safety significance should be adopted by the States with an effective date within three years of the effective date of the Policy Statement and implementing procedures. (a)
NRC regulations that had been required for compatibility according to OSP Internal Procedure B.7, but will not be required under the Policy Statement do not require any action by the States.
(b)
In addition to the foregoing,if an Agreement State's regulations had been evaluated using OSP Internal Procedure 13.7 and NRC's program review procedures prior to the effective date of the Policy Statement and found:(c) to be compatible, then no further action is required by the State except in the e
special circumstance where the compatibility category now requires the State to be essentially identical (e.g. a change from Division 2 to Category B) and the State regulation is not so deemed, then the State should conform the regdation as expeditiously as possible, but not later than three years after the Policy's effective date;(i) to be not compatible, then the regulation deemed not compatible should be e
changed to conform to the Policy as expeditiously as possible, but not later than three years aller the Policy's effective date; (ii) e not to have adopted a regulation previously required for compatibility and still required by compatibility category A, B or C or identified as having health and safety significance, then the regulation should be adopted as expeditiously as possible, but not later than three years after the Policy's efTective date or other date set by the Commission. (iii)
Program Elements (2)
Program elements other than regulations had not been identified previously for purposes of compatibility or for having health and safety significance. Such program elements now Approved (Date) 10
identified under the new Policy Statement should be adopted and implemented by the States within six months of the effective date of the Policy Stttement and implementing procedures. If, due to other factors, an Agreement State cannot adopt and implement such a program element within the six month time frame, then the State and the Commission will agree upon a mutually acceptable timetable for adoption and implementation.
Future Agreement State Program Elements (B)
General (l)
Any changes to Agreement State program elements aller the effective date of the Policy Statement should conform to the Policy Statement and implementing procedures set out in this handbook.
Future Regulations (2)
Proposed and final Agreement State regulations for agreement materials that will be submitted to the NRC will be reviewed in accordance with guidance provided in OSP Internal Procedures, D.7, " Reviewing State Regulations" and B.7 (Revision 1), " Compatibility Categories and llealth and Safety identification for NRC Regulations and Other Program Elements." Results of the evaluation will be transmitted to the State in accordance with OSP internal procedures. Note:
The overall determination of the adequacy and compatibility ofindividual Agreement State programs will be made in accordance with Management Directive 5.6, " Integrated Materials Performance Evaluation Program (IMPEP)."
Future New or Changed Program Elements (3)
NRC staff will review the adoption and implementation of any new or revised (non regulation) program element by an Agreement State in accordance with the Integrated Materials Perfonnance Evaluation Program review procedures set out in Management Directive 5.6 at the time of the next regularly scheduled review.
Evaluation of Applications for Agreement State Status (C)
NRC staff will apply the compatibility and health and safety categorization criteria and process in this handbook when reviewing the regulations and program elements contained in applications for Agreement State status submitted after the effective date of the Policy Statement.
Approved (Date) 11
PART VI Additional Implementing Issues Use of Management Directive 5.9 and llandbook 5.9 (A)
For IMPEP reviews oiStates in accordance with Management Directive 5.6, review teams will use Management Directive 5.9 to asses the status of the State's program elements with respect to those that should be adopted for compatibility or for health and safety reasons. Specific Agreement State regulations will be assessed as they are submitted by the 5 tate and a summary report will be provided to the IMPEP review team at the time of the State's next program review.
Ilowever, the overall determination of adequacy and compatibility ofindividual Agreement State programs will be made in accordance with Management Directive 5.6," Integrated Materials Perfonnance Evaluation Program,"
Essential Objectives (B)
The essential objective of each NRC program element in compatibility component C or identitled as having particular health and safety significance should be adopted by the Agreement State. The term " essential objective"is defined in Part Vil (Glossary). (1)
For those NRC program elements in compatibility category C, adoption of the essential objective (s) by an Agreement State means that the State is compatible with respect to that program element. (2)
For those NRC program elements identified as having particular health and safety significance, adoption of the essential objective (s) by an Agreement State means that the State is providing a level of protection equivalent to NRC with respect to that program element. A State has the latitude to adopt essential objectives that are more stringent. (3)
Essentially identical (C)
Program elements in compatibility categories A and B adopted by Agreement States should be essentially identical. The term " essentially identical" is defined in Part Vil (Glossary). If a requirement adopted by an Agreement State difTers in any significant respect from that of the NRC. the State should explain how the requirements are essentially identical. An examp:e of a substitution that would not be considered significant would be use of the term "detenninistic" in place of the term "non-stochastic." In this case, the former term is one commonly accepted in the international radiation protection community. Similarly, the use of Systbme Internationale (SI) units rather than conventional units would be deemed essentially identical. Further, the adoption by States of more recent technical infonnation (e.g., with respect to reference man) would be Approved (Date) 12
~ viewed as being essentially identical. Finally, changes to reflect increased scope of State authority (e.g., use of the term " radioactive material" in place of the term " byproduct material")
or wording needed to conform to State administrative procedures (e.g., use of State agency name in place of" Commission") would not be considered significantly different.
Legally Binding Requirements (D)
Where appropriate, Agreement States should adopt program elemend in compatibility categories A. B and C or those identified as having particular health and safety significance and applicable to all licensees in the form of a rule or other generic legally binding requirement in a manner consistent with the State's administrative laws. The use of generic requirements will help to
. avoid inconsistency and confusion that may result from the imposition ofindividual requirements on a case by-case basis. (1)
Further, requirements applicable to more than a few licensees also should be adopted in the fonn of a generic requirement. Ilowever, since the appropriate approach to such issues will depend on the types and numbers oflicensees involved, the State's approach will be reviewed on a case-by-case basis. (2)
The mechanism used by the State should be legally binding on the licensee (s) and enforceable as law. Examples of such legally binding requirements may include license ccaditions (including licensee commitments referenced in " tie-down" conditions), orders or other mechanisms detennined by the State to be legally binding and enforceable. The State has the responsibility of demonstrating that requirements adopted other than by regulation are legally binding. (3)
Time Frames for Adoption (E)
Commission reguladons that should be adopted by an Agreement State for purposes of compatibility or health and safety should be adopted in a time frame su:h that the efTective date of the State requirement is not later than three years aller the efTective date of NRC's final rule.
Certain circumstances (e.g., adoption of a basic radia*!on protection standard or other rule that will have significant impact on the regulation of agreement material on a nationwide basis, such as the low-level radioactive waste manifest) may warrant that the efTective dates for both NRC licensees and Agreement State licensees be the same. In some cases, and with sufficient justification, health and safety considerations may warrant adoption by the States in less than the recommended three year (or six month) time frame. (1)
Program elements, other than regulations or equivalent legally binding requirements, that have L
been designated as necessary for maintenance of an adequate and compatible program should be adopted and implemented by the Agreement States within six months of such designation by NRC. If, due to other factors, an Agreement State cannot adopt and implement such a program Approved (Date) 13
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element within tle six month time frame, then the State and the Commission will agree upon a mutually acceptable timetable for adoption and implementation. (2) i
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Part VII Glossary Definitions (A)
Conflict means the essential objectives of regulations or program elements are different and an undesirable consequence is likely to result in anotherjurisdiction or in the regulation of agreement material on a nationwide basis. (1)
Duplication means identical regulations or program elements apply to the same material at the same time. Note: this definition applies primarily to review of Agreement State regulations. (2)
Essential objective of a regulation or program element means the action that is to be achieved, modified or prevented by implementing and following the regulation or program element. In some instances, the essential objective may be a numerical value (e.g., restriction of exposures to a maximum value) or it may be a more general goal (e.g., access control to a restricted area). (3)
Essentially ident.a! means the interpretation of the text must be the same regardless of the version (NRC or Agreement State) that is read. (4)
Gap means the essential objectives of NRC regulations or program elements are absent from the Agreement State program and an undesirable consequence i.e *:kely to result in another jurisdiction or in the regulation of agreement materials on a arionwide basis. (5)
Practice means a use, procedure, or activity associated with the application, possession, use, storage, or disposal of agreemem material. The term " practice" is used in a broad and encompassing manner in the Policy Statement on. Adequacy and Compatibility of Agreement State Programs. The term encompasses both general activities invohing use of radioactive materials such as industrial and medical uses and spe 1c activities within a practice such as industrial radiography and brachytherapy. (6)
Program element means any component or function of a radiation control regulatccy program, including regulations and/or other legally binding requirements imposed on regulated persons, that contributes to implementation of that program. (7)
Transboundary means acrossjurisdictional boundaries within the United States. It does not mean between the United States and other nations. (8)
Approved (Date) 15
APPENDIX A Flow Chart Approved (Date) 16 t
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Fl@w Chart Proposed Regulation Exclusive or Yes Category. NRC ment No Basic Radetion Protection Standard, or a Rotated Yes Category. A8 DefWtion Term No Direct TransboundarY Yes Category.88 Implications?
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Yes Category: C8 s not adopt?
No 4
l Health and i
Safety Critetta Category. D Met?
l l
Yes ident as
'(-
H&
3 Compatability categories A,B, and C also include requirernents that are important for protection of public health and safety and rnay also be considered eternents for adequacy.
=
a
M.:
I l
i.
t' Internal Procedure B,7 (Revision 1): Compatibility. Categories and Health and Safety identification for NAC Regulations and Other Program Elements (Note: Rule and Program Element tables are not included in Enclosure 4) 4
g _
a....
OFFICE OF STATE PROGRAMS Pre-and Post-Agreement Activities
- B.7 (Revision 1): Compatibility Categories and llcalth and Safety identification for NRC Regulations and Other Program Elements 1
Introduction 1.1 Purpose This procedure provides guidance to NRC staff, Agreement States, and States seeking an Agreement on the compatibility categories assigned to NRC regulations and program elements and the identincation of those regulations or program elements that have particular health and safety signincance.
1.2 Hackground 1.2.1 The Policy Statement on Adequacy and Compatibility of Agreement State Programs sets forth the approach that the Commission will use to identify those program elements (including regulations) that Agreement State programs should implement to be adequate to protect public health and safety and to be compatible with the Commission's regulatory program.
1.2.2 Management Directive 5.9, " Adequacy and Compatibility of Agreement State Programs,"
describes the criteria and process NRC staff follow to determine which NRC regulations and program elements should be adopted by an Agreement State for purposes of compatibility as well as purposes of health and safety, in accordance with Management Directive 5.9, each regulation and program element nrst is analyzed and categorized for purposes of compatibility and then identi6ed ifit has particular health and safety signincance.
1.2.3 OSP Internal Procedure B.7 (Revision 1) has been developed and is maintained by the OfSce of State Programs to document, for use by NRC and State staff, the compatibility category for each NRC rule and program element and the identincation of health and safety signincance, as determined in accordance with Management Directive 5.9. In addition, Management Directive 5.9 provides that OSP Internal Procedure B.7 (Revision 1) should be updated at the time a new rule or program element is adopted.
2 Compatibility Categories & Health and Safety Identification The tables in Section 3, below, contain a section by-section analysis of regulations in Title 10 of the Code of Federal Regulations (10 CFR) and program elements that are applicable to the regulation of agreement materials. The analysis is based on the categorization criteria and process set out in Management Directive 5.9, " Adequacy and Compatibility of Agreement State L
Programs."
The Parts of 10 CFR for which tables are provided all have been analyzed section-by section; those Parts that do not have a corresponding table have been determined to address areas in which Agreement States either do not have regulatory authority or that are applicable specifically to NRC's regulatory program and need not be addressed by an Agreement State. For the purpose of completeness, those Parts that totally address areas of exclusive NRC authority are listed in Table 1. Those Parts that generally are applicable specifically to NRC's regulatory program, but are not areas of exclusive NRC authority, are listed in Table 2. Any future changes to these determinations will be reflected in revisions to Tables 1 and 2 and to the individual section-by-section analysis tables in Section 3.
Table 1 Specific Parts of Title 10 of the Code of Federal Regulations That Address Areas of Exclusive NRC Authority Parts 10,11, 25, 26, 50, 51, 52, 53, 54, 55, 60, 62, 72, 73', 74, 752, 76, 81, 95,100,110,140, and 160.
Table 2 Specific Parts of Title 10 of the Code of Federal Regulations That Address Areas That Generally Are Applicable Only to NRC's Regulatory Program Parts 0,1, 2, 4, 7, 8, 9,12,13,14,15,16, 21),170, and 171.
' Section 73.67 (Physical Protection of Special Nuclear Material of Moderate and Low Strategic Significance) of 10 CFR Part 73 is applicable to cenain Agreement State licensees pursuant to 10 CFR 150.14.
Agreement States, therefore, may wish to inform their licensees of the provisions of this part through a mechanism that is appropriate under the State's administrative procedure laws, but does not confer regulatory authority on the State in this area of exclusive NRC jurisdiction.
- Part 75 (Safeguards on Nuclear Material-Implementation of US/IAEA Agreement) may be applicable to -
certain Agreement State licensees as delineated in Section 75.2 Scope. Agreement States, therefore, may wish to inform their Ikeraces of the provisions of this part through a mechanism that is appropriate under the State's administrative procedure laws, but does not confer regulatory authority on the State in this area of exclusive NRC jurisdiction 5 The provisions in Part 21 derive from statutory authority in the Energy Reorganization Act, not the
'AEA, that does not apply to Agreement States. Therefore, this Part cannot be addressed under either compatibility or adequacy. While it may be argued that there are health and safety reasons to require States to adopt the provisions of Pan 21, States may not have the statutory authority to do so.
. +
n 3
Regulation and Other Program E!cment Tables In using the following tables, staff should be aware of the following points:
e The following sections are found in multiple Parts: Purpose, Scope, Interpretations, Communications, OMB Approval, Violations, Criminal Penahies and Inspections. They are all essentially identical from Part to Part.
These requirements are not required for either compatibility or health and safety reasons The State may elect to adopt similar sections based on its requirements.
e A number of terms are defined in more than one Part in 10 CFR. For purposes of consistency, the tables show the compatibility category for the definition in the most appropriate Part and refer to that Part at all other occurrences of the term with the compatibility category shown in brackets. See, for example, the definition of " restricted area" in the table for Part 19, Section 19.3.
Unless otherwise indicated in the tables, the compatibility category or identification of health and safety significance applies to the entire section of the Part. See, for example, the table for Part 20, Section 20.2003, where individual paragraphs are assigned different components.
Key to categories:
A=
Basic radiation protection standard or related definitions, signs, labels or terms necessary for a common understanding of radiation protection principles. The State program element should be essentially identical to that of NRC.
B=
Program element with significant direct transboundary implications. The State program element should be essentially identical to that of NRC.
C=
Program element, the essential objectives of which should be adopted by the State to avoid conflicts, duplications or gaps. The manner in which the essential objectives are addressed need not be the same as NRC provided the essential objectives are met.
D=
Not required for purposes of compatibility.
NRC =
Not required for purposes of compatibility. These are NRC program elements that address areas of regulation that cannot be relinquished to Agreement States pursuant to the AEA or provisions of Title 10 of the Code of b
Federal Regulations. ' The State should not adopt these program elements.
H&S =
Program elements identified by H&S in the Comment column are not required for purposes of compatibility;
- however, they do have particular health and safety significance. The State should adopt the essential objectives of such program elements in order to maintain an adequate program.
S
\\.
v
Chart 1 - Proposed Revisions to the Internal Procedure B.7 Rule Tables s
i f
I 1
l PROPOSED REVISIONS TO THE INTERNAL PROCEDURE B.7 RULE TABLES Regulation Section Title Original Revised Conunents Rationale Section Compatibility Compatibility Category Category 19.3 Definition of None
[D]*
Add comment:
'Ihis definition was omitted
" Licensee" This definition;also ' appears'in 10 CFR'$20.1003.'
from the original B.7 (rev.
For purposes of compatibility, thh language of the
- 1) rule charts.
Part 20 definition should be used where it.is assigned to Compat biliti Category D.
i 20.1003 Definition of A
C Add comment:
For various reasons, a -
" Declared Pregnant The essential otiective'of this definition ~is the woman may not wish to Woman" D - for the voluntary, writteknotification by a woman to her divulge the estimated date estimated date employer that she L' pregnant.
of conception to her of conception employer. Ilowever, using only good health physics practice, and v.ithout the date of conception, the dose to the embryo / fetus can be effectively managed.
Definition of A
D This definition does not
" Exposure" provide any information that is essential to understanding basic radiation protection principles beyond the plain dictionary meaning.
l
- A number of terms are defined in more than one Part in 10 CFR. For purposes of consistency, the tables show the compatibility category for the definition in the most appropriate Part and refer to that Part at all other occurrences of the term with the compatibility category shown in brackets, "[ ]".
w.
Regulation Section Title Original Revised Ceaunents RsrM Section C.
,'"""y C-
^ ~ ""y Category Category 20.1003-Definition of A
D TMs definition does not -
" External exposure" provide any information that is essential to understanding basic -
radiation protection principles beyond the plain dictionary rneaning.
Appendix A Protection Factors C
B Delete cristing comment.
for Respirators Add new comment:
Assigned 'presection factors' provide ~ acceptable levels of peine to be affonted by respirators.?
Consistency.is requimd in prn=reion factors'that ars
~
established as acceptable in.NRC'and Agreeseent State regulations to reduce impacts on licensees,who
^,
~
inay operate in'ssadtiple jurisdictions, 30.4 Definition of NRC
[D]
Add comment:
Changed from NRC to D
" Production Thii. definition also' appears in!!O CFR 150.3(h)4 to avoid confusion over -
Facility" For purposes of coespatibility;the. language'of tius which provisions related to -
Part 150 definition should be used where it is exclusive NRC jurisdiction -
~
Mjto Cormpanbility[CategorylD.'
~
could be adopted by States.
Definition of NRC
[D]
Add comment:
Changed from' NRC to D -
" Utilization Facility" Thisidefinitioti~alss~ appears in1101CFRl1503(1):f to avoid confusion over For purposesLof cotupatibility/ the language of,the which provisions related to Part 150 definition should be used where it is exclusive NRCjurisdiction assigned to Conipeubility CategoryA could be adopted by States.
t 30.10 Deliberate D
C Changed to be consistent misconduct with 40.10 -
- s Residation Section Title.
Original
_ Revised Commments N
Section Conspatibihty Cesapatibility Category Category 30.34(h) -
Terms and D
D Add comment:
Notification of banlauptcy Conditions of H&Si paragraph (h) oni will alert agency to the Licenses possibility of abandonmem of licensed facilities at which there is potential for
~
exposure in excess of Part 20 limits.
30.41(a)(6)
Transfer of C-NRC Paragraph (a)(6) authorizes byproduct material transfer by export, a.
function reserved to NRC.
31.9 General license to D-C Changed to be consistent own byproduct with 40.21 and 70.20.
material 32.12 Records and material..
C C
Add comment:
Comment added to be transfer reports The'timeis44.-d for record ressemicei'~ anf vairy;'i consistent with 30.51.
n a
accordance_with the. type of actiyity,bems licensed.
32.24 Same: Table of B
B Revise comment to read:
Organ Doses See 10 CFR 532.51. Column IVJof tThis table should be adopted in essentially identical language since 532.51 should be so adopted. The table may be incorporated with the Agreement State's requirements which are equivalent to 532.51, as appropriate, rather than referenced separately.
t l
l
n Regulation.
Section Title Original _.
Revised C===== k Rationale Section Conipotibility Casapatibility Category Category 32.210 Registration of B
B - for States Changed to clarify that Product Information that perform States that do not have an SSD SSD evaluation program do evaluations not need to adopt this' section for purposes of D - for States compatibility.
that do not perform SSD evaluations 35.20 ALARA program
[D]
[D]
Resise comment to read:
No change in compatibility The provision for ALARA requirements appears in category; eliminates 10 CFR 630.1101(b) and is generally applicable to possible confusion about all licensees. Ei: previsien Section(20.1101(b) is designation of Part 35 not required for purposes of compatibility, but does section.
have is[ designated as having health and safety (ll&S) significance.
35.51 Calibration and
[D]
[D]
Resise comment to read:
No change in compatibility check of survey The provision for ALARA requirements appears in category; eliminates instruments 10 CFR 920.1501(b) and is generally applicable to possible confusion about all licensees. This previ:Ec Sectiost'20.1501(b) is designation of Part 35 not required for purposes of compatibility, but does section.
have isl designated ~aslhaving health and safety (H&S) significance.
35.220 Possession of survey
[D]
[D]
Resise comment to read No change in compatibility instruments The provision for ALARA requirements appears in category; eliminates 10 CFR $20.1501(b) and is generally applicable to possible confusion about all licensees. TH: prevkien Section 20.1501.{b) is designation of Part 35 not required for purposes of compatibility, but does section.
have is;designaiedjas'having health and safety (H&S) significance.
4 l
i
m
- Rc; ""'esi Section Title.
Original Revised Ca-smeest Ph Section Caenpatibility Counpatibility
' Category Category 36.21 Performance criteria B
B Delete comment.
No change in compatibility for sealed sources category. The conunent to adopt the essential objectives is not necessary L
since the provision is a B and raust be essentially i
identical.
39.61 Training C
B This was changed to be consistent with 34.43 -
Radiographer training since the transboundary impacts are similar, although well loggers are not certified.
40.4 Definition of D
[D]
Add commenr:
Changed to point to Part 20
" License" This'aefinition'also appears in 10 CFR;$20.10037 definition to be consistent For purposes of compatibility, the langengefor the with other cases where a =
Part 20 definition should be used whersit is defmition occurs in more assigned to Compatibility, Category Dj '
than one part.
40.4 Definition of D
[D]
Add comment:
Changed to point to Part 20
" United States' This' definition also ~ appears in"10 CFR~l30ANFor definition to be consistent purposes of compatibility / ths language of thEPart with other cases where a 30 definition should be used where it is. assigned.to definition occurs in more Compatibility Category D, than one part.
40.4 Definition of D
[D]
Add comment:
Changed to point to Part 20
" Transient This definition also appears itf 10 CFR 570.4." For definition to be consistent shipment" purposes of compatibility, the 1 wc of the Part with other cases where a 70 definitiori should be used where it is' assigned to defmition occurs in more l
Compatibility Category Dj than one part.
t I
I Regulation Section Tkle.
Original Revised Comr==h Rationale' Section Compatibilky
. Compatibility
^
Category Category 40.4 Definitin of D
[D]
Add comment:
Changed to po.nt to Part 20
" Uranium This ^ definition alsofappears inl10 CFR ll.503(m)]
definition to be consistent enrichment facility" For purposes of compatibility! the language of the with other cases where a Part 150 definition should be used'where it is definition occurs in more assigned 10 Compatibility Category Dj '
than one part.
40.12(b)
Carriers B
NRC Paragraph 40.12(b) addresses import!cxport of material.
40.14(c)
Specific exemptions NRC D
Add c.rnment:
Changed to be consistent :-
and (d)
Paragraph'(b{is'seserved, with 30.11,61.6 and 70.14.
40.20(a)
Types of license D
C Add comment:
Changed to be consistent
~
State maf; adopt a'singif" provision that'lmcorponses with 3031.
those~of this paragraph.and those of;3031 and 70.18 40.24
[Reserv.,
Inadvertently omitted.-
4031(i)
Application for D (II&S)
D Delete comment.
This paragraph was specific license misdesignated; changed to be consistent with 3032(h).
4031(j)
Application for D
D Add comment:
Changed to be consistent specific license H&S3paragraphfj))nly]
with 3032(i).
. i
f Regulation Section Title Original Revised Conuments Rationale Section Compatibility Conapatibility Category Category 40.32 General D - paragraphs D - paragraphs No change to compatibility requirements for (a) through (g)
(a), (b), (c) categories; language um issuance of a specific except and (f) changed to climinate license possible confusion.
NRC-NRC-paragraphs (d),
paragraphs (d),
(e) and (g)
(c) and (g) i 40.41(b)
Terms and D
C Changed to be consistent conditions of with 30.34(b).
licenses -
40.41(f)
Terms and D
D Add comment:
Notification of bankruptcy conditions of H&S F paragraph l(f)lonly will alert agency to the licenses possibility of abandonment of licensed facilities at which there is potential for exposure in excess of Part 20 limits.
40.51 Transfer of source B
C - paragraphs Changed to be consistent or byproduct (a),(b)(1) with 30.41.
material through (b)(5),
(b)(7),(c) and (d)
NRC -
paragraph (b)(6) 61.9b Deliberate D
C Changed to be consistent I
misconduct with 40.10.
! l
Regulation Section Title Original Revised Coc:ments Rationale Section Compatibility Compatibility Category Category 61.24(a)
Conditions of D
C Changed to be consistent licenses with 30.34(b).
61.24(h)(1)
Conditions of D
NRC Changed because it deals licenses with common defense and security.
61.24(k)(1)
Conditions of D
D Add comment:
Notification of bankruptcy licenses (bankruptcy H&S - paragraph (k)(1)fonly will alert agency to the notification) possibility of abandonment of licensed facilities at which there is potential for exposure in excess of Part 20 limits.
61.42 Protection of D
D Add comment:
individuals from H&S inadvertent intrusion 61.43 Protection of D
D Add comment individuals during H&S operations Add comment:
Covered by^ provisions in'Part.20 70.1 Purpose D
NRC Paragraphs (c) and (d)
(c) and (d) address spent fuel and high level waste and physical security and accountability of materials, areas reserved to NRC.
Regulation Section Title Onginal Remed Comneneuts Rati n Section Compatibility Compatibility Category Category i
70.4 Definition of NRC D
Add comment:
Changed from NRC to D '
"Special nuclear This Mmition may be adopted by^an Asicement to avoid confusion over material of low State for purposes of clanty and commumcauon.
which provisions related to f
strategic exclusive NRC jurisdiction i
significance" could be adopted by States.
l 70.4 Definition of NRC D
Add comment:
Changed from NRC to D "Special nuclear This definition may be adopted by an Agreement to avoid confusion over material of moderate State for purposes of clarity.and communication, which provisions related to strategic exclusive NRC jurisdiction significance" could be adopted by States.
70.4 Definition of NRC D
Add comment:
Changed from NRC to D
" Strategic special This definition may be adopted by an Agw.a.;
to avoid confusion over l
nuclear material" State for purposes of clarity'and communication.
which provisions related to 4
exclusive NRC jurisdiction could be adopted by States.
70.4 Definition of NRC D
Add comment:
Changed from NRC to D i
" Transient This definition may be adopted by an Agreement to avoid confusion over
~
shipment" State for purposes of clarity and communication, which provisions related to exclusive NRC jurisdiction could be adopted by States.
t 70.4 Definition of NRC
[D]
Add comment:
Changed from NRC to D
" United States" This~ definition also avears in~10 CFR.{30.4."For to avoid confusion over l
purposes of compatibility; the language of the Part which provisions related to 30 definition should be used where it is assigned to exclusive NRC jurisdiction Compatibility, Category D; could be adopted by States.
t 1
70.4 Definition of NRC
[D]
Add comment:
Changed from NRC to D j
" Uranium This definition also appears in'10 CFR 5150.3(m)ll to avoid confusion over i
enrichment facility" For purposes of compatibility; the language of the which provisions related to Part 150 definition should be used,where it is exclusive NRC jurisdiction assigned to Compatibility Category D.
could be adopted by States.
i
Regulation Section Title Original Revised Comunents Rh Section Conapatibility Cesapatibility Category Category 70.10 Deliberate D
C Changed to be consistent-misconduct with 40.10.
70.18 Types of license D
C Add comment:
Changed to be consistent Suse may adopt a single provision that incorporases with 30.31.
those of this paragraphpad those of.30_.3,1 and 4020(4) 70.21(a)
Filing C
D Changed to be consistent with 30.32(a) and 40.31(a).
70.21(b)
Filing C
D Changed to be consistent with 30.32(d) and 40.31(d).
70.21(d)
Filing C
D Changed to be consistent with 40.31(c).
70.21(0 Filing NRC D
Changed to be consistent with 30.32(0 and 40.31(0, NEPA environmental evaluation requirements are not exclusive NRC jurisdiction.
70.23(a)(2),
Requirements for the D
D Add comment:
Changed to be consistent (3) and (4) approval of H&S 1 paragraph (aK2)~l (3) innd L(4) onlj with 30.33 and 40.32.
applications NRC-Paragraph (b) was missing.
paragraph (b) 70.32(a)(1),
Terms and NRC Not applicable Add comment:
Paragraphs that are (0 and (h) conditions of Paragraphs (aXI)f(0land (b) are reserved;
" reserved" do not have a licenses compatibility category designated.
[i Regulation Section Title Original Revised Comannemts Ratiemale Section Casapatibility C - -, ^ *Cy Category
_ Category 70.32(a)(3)
Terms and.
D-C Changed to be consistent conditions of -
with 30.34(b).
licenses 70.32(a)(9)
Terms and D
D_
Add comment-Notification of bankruptcy conditions of H&S? paragraph;(a)(9);only will alert agency to the licenses (bankruptcy possibility of abandonment notification) of licensed facilities at which there is potential for exposure in excess of Part 20 limits.
70.32(b)(2),
Terms and NRC D
Do not address areas of (4) and (5) conditions of exclusive NRCjurisdiction.
licenses 70.32(i)
Terms and' NRC D
To be consistent with conditions of 30.34(f); not an area of licenses exclusive NRC authority.
70.42 Transfer of SNM B
C Changed to be consistent with 30.41.
NRC-paragraph (b)(6)
Regidation Section Title Original Revised Communents Rationale Section Counpatibility
.Casupatibility Category Category 70.51 Material balance, NRC C - paragraphs This requirement differs.
inventory, and (a) and (b) from the equivalent Part 30 records requirements requirement in that a NRC-physical inventory of SNM paragraphs (c).
is included. This should (d) and (c) apply to Agreement State licensees so that a gap is not created in the i
nationwide regulation of t
this' class of materials.
70.55(a).
Inspections NRC D
Changed to be consistent and (b) with 30.52 I
70.56 Tests NRC D
Changed to be consistent with 30.53 71.4 Definition of -Close NRC D
Add comment:
Changed from NRC to D reflection by water" This definition may be adopted by an Agic,;. wig to avoid confusion over State for purposes of clarity and communication.
which provisions related to exclusive NRC jurisdiction could be adopted by States.
71.4 Definition of NRC D
Add comment:
Changed from NRC to D
" Optimum This; definition may be~ adopted by an Apm..cra to avoid confusion over interspersed State for purposes of clarity and communication.
which provisions related to hydrogenous exclusive NRC jurisdiction moderation" could be adopted by States.
71.20 General license:
D D
Add comment:
No change of compatibility Fissile material, Tables I and II list quantities'of U-235 that'are category; explanatory limited moderator greater than States have' the authority to regulate.)
comment added.
per package ne tables should be modified to exclude these quantities or otimy indicauon made that the State cannot r.egulate sud. quantities.
I ;
i
Reydnela=
Section Title Original Revised Communemes Rasiommie Section Compatibility Competildtity Category Casesor3 71.38 Renewal of a None NRC This section was
^
certificate of inadvertently omitted from compliance or the original tables.
quality assurance program approva!
71.83 Assumptions as to NRC B
Dis appears to have been unknown properties an error in the SOC assigning this to Division 4 that was carried over as -
NRC. The remaining paragraphs of this section are all designated B.
150.3(h)
Definition of _
NRC D
Add comment:
Changed from NRC to D '
" Production facility" His~ definition may be adopted by an' Agreement to avoid confusion over State for purposes of clantyland communicanon.
which provisions related to exclusive NRCjurisdiction could be adopted by States.
150.3(1)
Definition of NRC D
Add comment:
Changed from NRC to D
" Utilization facility" Thisl% nimiy bs adopted by[an'Ayu.;
to avoid confusion over State' for purposesiof clarity.and consnunication, which provisions related to exclusive NRCjurisdiction could be adopted by States.
150.3(m)
Definition of NRC D
Add comment:
Changed from NRC to D -
" Uranium This~defimtion may be adopted by an~A,2 ;
to avoid confusion over enrichment" State for purposes of clarityLand commencauon.
which provisions related to exc?usive NRCjurisdiction could be adopted by States.
08.13.97. _ _ _ _ _
. _~
},..
~ -4 i
s.,
d Chart 2 --Compatibility Categories of Final Rules Adopted Since May 16,1996 through August 8,1997
.3
COMPATIBILITY CATEGORIES OF FINAL RULES ADOPTED SINCE MAY 16,1996 (Designated pursuant to the Policy Statement on Adequacy and Compatibility approved June 30,1997)
REGULATION SECTION TITLE B.7 DIVISION COMPATIBILITY COMMENTS SECTION COMPA11BHJIY0s CATEGORY (For each rule section, the comments' column includes a designated in the description of how the current B.7 comment would be modified final rule) to reflect the final rule.)
Termination or Transfer of Licensed Activkies: Recordkeeping Re-7_ =---;+ (61 FR 24669; May 16,1996)
Effective June 17,1996 20.2108(b)
Records of Waste 3
D Disposai 30.35(g)
Financial assurance and 2
D Revise comment to read:
recordkeeping for ll&S - paragraphs (a), (b), smd (d) and (g) only decommissioning Add comment:
The H&S designatiott for paragraph (g) is warranted because of the requirement for transfer of certain records (e.g.S s or spread of ill contamination) important for decommissionmg to a s-%et licensee at the same facility.
30.36(k)(4)
Expiration and 3
D Revise comment to read termination of licenses H&S - Paragraphs (c), (d), (e), (g), (h), (j), and (k)(1), (2) and (3) and decommissioning of only.
sites and separate buildings or oordoor areas 30.51(d)
Records 3
D m
e REGULATION.
SECTION TITLE B.7 DIVISION :
COMPATIBILITY COMMENTS -
SECTION -
004PA'I1BIIJIY6s CATEGORY (For each rule section, the c====nts' columm 'N a desesipties designated in the of how the curnet B.7 coasment would be noodined to reflect time il nel ruial rule) rule.)
30.51(c).
Records 2
D H&S' Add comment:
'Ihe H&S designanon for paragraph (e) is warranted.by she requisessen for transfer of' ertam records (e.g; spills or spread of,h) impostant forl..lecomnussioeng to a uhartpwnt leena** at the same facility.
^
30.51(f)
Records 3
D 40.36(O Financial assurance and 2
D H&S recordkeeping for decommissioning Revise comment to read:
IIAS - paragraphs (a), (b), and (d) and.(f) only Add comment:
The H&S designation for paragraph (f) Awarrassed by,the.requiremment 4
for transfer of certain records (e.g. spills or spread of ennenanamainn) important for decommissioning to_a subsequent licensee at.the same.
facility; 40.42(k)(4)
Expiration and 3
D Revise comment to read:
termination oflicenses II&S - Paragraphs (c), (d), (e), (g), (h), (j), and (k)(1), (2) and (3) and decommissioning of only.
sites and separate buildings or outdoor areas 40.61(d)
Records 3
D l
i 1,
REGULATION SECTION TITLE B.7 DIVISION COMPATIBILITY COMMENTS -
SECTION '
OOMPA11BIEJIY(as CATEGORY (For each rule section, the cosaments' column includes a description designated in the of how the current B.7 commerit would be usedified to reDect the fl mal final ru'e) rule.)
40.61(e)
Records 2
D Add comment:
H&S ~- paragraph (e) only Add comment:
The H&S designation for paragraph (e) is warranted by.the mquiresneat for transfer of certain records (e.g. spills or spread of contammation).
important for decommissioning to a subsequent licensee at the same facility.
40.61(f)
Records 3
D 61.30(a)(3)
Transfer oflicense 3
D 61.31(c)(3)
Termination oflicense 2
D Add comment:
H&S - paragraph (cX3) only Add comment:
The. H&S designation for paragraph,(cX3) is _ warranted by the.requiremen for transfer of certain records.(e.g spills or spread of contamination) important.for decommissioning to a subsequent licensee at the same facility.
70.25(g)
Financial assurance and 3
D recordkeeping for decommissioning 70.38(k)(4)
Expiration and 3
D termination oflicenses and decommissioning of sites and separate buildings or outdoor areas s
r_
REGULATION FECTION TITLE B.7 DIVISION COMPATIBILITY COMMENTS SECTION CUWATEEJIY@s CATEGORY (For each rule section, the cuw' colunut includes a "
'f' designated in the of how the cartent B.7 cesansent M be undirmed to reRect the fl ud final rule) rule.)
70.51(bX6)
Material balance.
3 D
inventory, and records requirements 70.51(bX7)
Material balance.
2 D
Add comment:
inventory, and records H&S-paragraph (b)G) only requirements Add comment:
The HAS deang
- for pe.W (bX7) is warrameed by she requeremum for transfer of certam records (e.g. si, ills or spread of r=ansnimes-my important for A _
_ to a==h=ay==* licensee at the same
~
facahty.
i Resolutica d Dismi Reged=dia= of Airborne Effhsents of Radioactive M ^.' " - Clema Air Act (61 FR 65119; Deceumber 19,1996)
FEective January 9,1977 20.1003 Definitions Constraint 2
C 20.1101(d)
Radiation Protection 2
C - Paragraph (d)
Add comment:
Programs The renaminder of Section 20.1101 resnains D, and it Jdenedied as H&S.
20.2203(aX2Xvi)
Report of exceeding of 2
C constrai t dose
]
20 2203(bXIXiv)
Corrective steps 2
C 20.2203(bX2)
Report contents 2
C Recognition of Agreenneet State Licenses in Areas Under Exclusive Federal Jurisdireises Wisisia an Agreensent State (62 FR 1462; Jammary 13,1997)
FEective February 27,19FT - -
1 REGULATION SECTION TITLE B.7 DIVISION COMPATIBILITY COMMENTS SECTION 0% IPA 11BEIJIY6s CATEGORY (For each rule section, the comments' column includes a descripta designated in the of how the current B.7 comment would be modified to refket the fl mal final rule) rule.)
150.20(a) & (b)
Reciprocal recognition 1
C Add comment:
of AS licenses Ge Agmrs; State should adopt these requirements so that the State reciprocally recogmzes licenses usued by other Agwaa States and NRC within its jurtsdiction, including provisions for notifying the regulatory agency when work is to be performed under reciproczy. Any fee provisions are Compatibility Category D.
150.20(c)
Filing Form 241 1
NRC Criteria for the Release of Individuals Administered Radioactive Material (62 FR 4I20: January 29,1997)
Effective May 29,1997 20.1002 Scope 3
D 20.1003 Definitions Occupational dose 1
A Public dose 1
A 20.1301(a)
Dose limits for A
individual members cf the public 20.1903 Exceptions to posting Not designated in D
requirements final rule 35.8 Information collection Not designated in D
requirements: OMB final rule approval.
m --
L BEGULATION SECTION TITIE B.7 DIVISION COMPATIBILITY COMMENTS SECTION 00lWANIIYks CATEGORY (For each rule secaise, the commmemas' columme 'ha? - f' designmeed in the of how she corrums B.7 casumment would he m to ruAuct the E bal final rule) rule.)
l 35.75 Release ofindividuals 2 - Paragraphs (a)
C - Paragraph (a) containing and (b) r radiopharmacemicals or D - Paragraphs (b).
gin-.c.; implams 3 - Paragraphs (c)
(c) and (d) and (d)
L 35315 Safety precaunons Not applicable Not applicable Paragraph (a)$)is remmwf omf resened.
t 35.415(a)(1).
Safety precauuons Not applicable Not applicable Paragrcph (a)(5)is remmyd.
l 1
4 l
- t Flumbe Material Shipamenes and Esempaisms (62 FR.9FT; February le,19F7) i REEweise February it,19FT 71.18 GL: Fissile material.
Not designated in D
3 limited quanuty per final rule l
l package l
[
71.22' GL-Fissile material.
Not designated in D
limned quamity.
final rule i
comrolled shipmem j
71.53 Fissile material Not designated in NRC i
exemptions final rule i
I USEC Privatisseios Act:
Cer tReman== and IJcensing of Ursmimum Earh F=,ahi== (62 FR 6663; February 12,19FF) l e
ENeceive AprB 14,19FT
[
CD.4 Definitions j
Corporation Not designated in D
Add comment:
i j
final rule This definition is not_sepised for e==ymnimaisy since it defines as L
i emany, the segmheios of winch is senerved _so NRCA A Senee smay adapt a delimision for pusposes of cienty or 6 40.38 Incligibility of certain Not designated in.
NRC j
applicants final rule 1
i 1.
l
i i
RECULATION SECTION TITLE B.7 DIVISION COMPATIBILITY COMMENTS SECTION -
00WATMJIY4m CATEGORY (For each rule secties, ste comunemes' columna h a "
-f desigassed in the of how the current B.7 comument would be usedidled to reAect eine E nel final rule) rule.)
i 70.l(e)
Purpose Not designated in NRC Add comment.
l final rule Ahhough "Puupsee' earmana generaEy ase canegerused "D,' parapart f
(e) pertains _so i=====re d licenses fier as activsy reserved solely to
{
NRC.
70.4 Definitions Corporation Not designated in
[D]
Adf comment.
i final rule This definin== also appears in 10 CFR 40.4. For pusposes of t
^ : -y, the language of the Part 40 defimam= should be used j
-2 9--,
where it is assigned to Conspectikty Category D.
j
- 70. 0 Incligibility of certain Not designated in NRC l
applicants final rule 2
IJeemmes for E=d=*imi Radiography and Radiation Safety "a '
^ for M Radiography Opeemstems 52 FEt 28M7; May 28,1997) 1 ENeceive June 27,19FI i
i 30.4 Definitions l
i l
Radiographer Not applicable Not applicable Defnition removedfrom dris Part.
i j-Radiographer's assistant Not applicable Not applicable Defnition removedfrom this Part.
Radiography Not applicable Not applicable Defnition removedfrom this Parr.
1 3
4.1 Purpose and Scope
3 D
i i
i 34.3 Definitions f
i --
ALARA 1
[Al Add comment:
I j
This defininia= also appears in 10 CFR 520.1003. ~ For purposes of 4
camparihikey, the language of the Part 20 defisumon should be used i
j where it is P to Compatibday Category A.
I 4
i 1 i
~
REGULATION SECTION TITLE B.7 DIVISION COMPATIBILITY COMMENTS SECTION OOhPA1EMEJIYbs CATEGORY (For each r-le secties, the ca-mm-h' columme h a A -
'J*
designated in the of how the curres.t B.7 comument would be usedined to rseect the 11 nel final rule) rule.)
Annual refresher safety 2
C training Associated egaipment 2
B Becquerel I
[A]
Adlcomment:
1his definition also appears in 10 CFR 20.100$J For purposes of comparibihty, the language of the Part 20 defi=*== simuid be used where.it is assigned to Compatibility Category A.
Certifying entity 2
B Collimator.
2 B
Control (drive) cable 2
B Control drive mechanism 2 B
Control tube 2
B Exposure head 2
B Field station 2
D Gray 1
[A]
Add comment:
This defiamon also appears in 10 CFR 20.1004. For purposes of W, the language of the Part 20 definition should be used where it is assigned to Cu., ^ 22j Category A.
Guide tube (proiection 2
B
~
sheath)
Hands-on experience 2
C Independent certifying 2
B organization REGULATION SECTION TITLE B.7 DIVISION COMPA11BILITY COMMENTS SECTION 00PWA1 M IIY(ms CATEGORY (For each rule secdom, else comuseess' celuuma *h a " _ _Jf" designated in the of how the current B.7 cw would be usealed se re the E bel final rule) rule.)
Industral radiography 2
B (radiography)
Lay-barge radiography 2
B Offshore platform 4
B Add comment:
radiography State should adopt a densition of *pledone radsessaphy" if such activisy is aumenaed in waners oeer een "oNehose waters" tut am the exclusivek ^~ :-- of NItC.
Fouu.iwin radiographic 2
D installation Practical examination 2
C Radiation safety officer 2
D for industrial radiography i
Radiographer 2
C Radiographer 2
B certification Radiographer's assistant 2
B Add comment:
A State does not have to adopt this defiestaan uniens it autorises i :-m l _ s M.
[
l..
Radiographic exposure 2
B l
device i
- 4
.c.-
m m
f REGULATION SECTION TITLE B.7 DIVISION COMPATIBILITY COMMENIS SECTION COWA'IMJIY6s CATEGORY (For each rule seres== the comuments' celusum inschades a '-- - f' designated in the d how the current B.7 comuneet would be useddled to reAect the Il nel final rule) nde.)
Radiographic operations 2
C S-tube 2
B Scaled source 1
[Al Add commenr:
This definstion also appears in 10 CFR 30.4. 1%r pusposes of cosapetibday, the language of the Part 30 defisman should be used where it is assigned 30 C-:--; ^ Ej Category A.
Shielded position 2
D Sievert I
[A]
Add comment:
This deCnition also appears in 10 CFR 20.1004. For purposes of compatibday, the language of the Part 20 defimmann should be used where it is assigned to My._ Category A.
Source assembly 2
B Source changer 2
B Storage area 2
D Storage container 2
B Temporaryjobsite 2
B Underwater radiography 2
B l
34.5 Interpretations 3
D i
34.8 Information collection 4
D requirements: OMB approval Subpart B Specific Licensing Provisions
, l
W REGUIATION SECTION TITLE B.7 DIVISION COMPATIBILITY COMMENTS SECTION 00hrAM'4m CATEGORY (For each rule sereia=, tine communents' columna h a "
- f*
~
1' desigensted in the of how the courrent B.7 casemment would be==ened to resect the E d fhest rule) rule.) -
34.11 Application for a 3
D specific license 34.13 Specific license for 2
C industnal radiography Subpart C Equipment 34.20 Performance requisuume,2 B
ofindustnal radiography equ'qxnent 34.21 Limits on external 2
B radiation levels from storage containers and source changers 4
34.23 laking of radiographic 2
B t
exposure devices, storage containers and source changers 34.25 Radiation survey 2
C instruments 34.27 Irak testmg and 2
C replacement of scaled sources 34.29 Quarterly inventory 2
C t
34.31 Inspection and '
2 C
maintenance of t
radiographic exposure devices.....
i f
- I1 -
l
I REGULATION SECTION TITLE B.7 DIVISION COMPATIBILITT COMMENTS SECTION 00MPAT1BHJIY(m CATEGORY (For each rule section, the comments' cohann includes a description designated in the of how the current B.7 comment would be modired to reflect the f1 mal final rule) rule.)
34.33 Permanent radiographic 2
D II&S installations 34.35 Labeling, storage, and 2
B transportation Subpart D Radiation Safety Requirements 34.41 Conducting industrial 2
B Add comment:
radiography operations An Agreement State need not adopt paragraph (c) unless it authorizes D - Paragraph (c) these activities. If paragraph (c) is adopted, the icp.i mgrds should be earntimtly meic21 to those of NRC.
34.42 Radiation safety officer 2
D AdJ comment:
for industrial H&S for the first sentence only of this section.
radiography 34.43 Training 2
B Add comments:
Because of certification requirements, there should be uniformity D - Paragraphs required by the transboundary implications of recipivcAl recognition of (a)(2) and (c) certifications. If a State wishes to cIcarly specify the number of hours of formal classroom traming as specified in the SSRs, this wouk!
be considered compatible.
34.45 Opera:ing and emergency 2 C - Paragraph (a) procedures D-Paragraphs (a)(9) and (b) 34.46 Supervision of 2
B radiographer's assistants REGULATION SECTION TITLE B.7 DIVISION COMPATIBILITY COMMEh13 SECTION COWAN FIY(es CATEGORY (For escL rule secties, the comuments' columni unchad= a *-
-f*
f designated in the of how the current B.7 comument would be unomied to reIIect the E set i final rule) rule.)
34.47 Personnel monitoring 2
C 34.49 Radiation surveys 2
C-Paragraphs (a) through (c) t D-Paragraph (d) 34.51 Surveillance 2
C 34.53 Posting 2
C Subpart E Recordkeeping E
Requirements 34.61 Records of the specific 2
D license for industrial radiography i
34.63 Records of receipt and -
2 C
transfer of scaled sources 34.65 Records of radiation 2
C survey instruments
{
34.67 Records ofleak testing 2
C 34.69 Records of quarterly 2
C inventory i
1 34.71 Utilization logs ~
2 B
34.73 Records ofinspection 2
C and maintenance of i
radiographic exposure 4
devices......
i <
j
I?
REGULATION SECTION TITLE B.7 DIVISION COMPATIBILITY COMMENTS SECTION 00 NAM'6ms CATEGORY (For each nde section, the ceanusenes' colunut h a"-- - - f '
W in the of how time current B.7 casemment wouki he useduled to reAect she A tal.
final rule) rule.)
34.75 Records of alarm system 2
D and entrance control checks at permanent...
34.79 Records of training and 2
C certification 34.81 Copies of operating and 2
C emergency procedures 34.83' Records of personnel 2
C monitoring procedures 34.85 Records of r;diation 2
D surveys 34.871 Form of recorts 2
C 34.89 Location of documents 2
C and records Subpart P Notifications 34.101 Noti 5 cations 2
C Subpart G Exempoons 34.I11 Exemptions 3
D Subpart H Violations 34.121 Violations 3
D 34.123 Criminal penalties 3
D. _.
?
REGULATION SE TION TITLE B.7 DIVISION COMPATIBILITY COMMESIS SECTION CCBFATMJIYks CATEGORY (For each rule section, the comuments' columun iactodes a "-
~A desagnated in the of how the current B.7 cw woukt be snodirsed to reflect the fl nel final rule) rule.)
Appendix A Radiographer 2
B Add comment:
certification An Ap-; State need not adopt Appendix A
- it wames to be a certifying entity or wants to identafy ' " _,-A certdying ory== manas or boek. In the first case Sections II and BI of l
Appearhu A should be adopted:-in the latter cases, Sectices I,11 and HI should be adopeed.
71.101 Quality assurance Nor designated in D
requirements final rule 150.20(b)
Recogninon of agic-sneni Not designated in C
Add comment:
state licenses final rule The Asia; State should adopt these requirennents so that the Staae io.gis.Ily recognizes licenses issued by ceher Agreesnest Stases and NRC wahin itsjur=tireion, incIndaag provisaces for nonfying the i
regulasory agency when work is to be performed under reciprocsy._ Any 1
fee provisaons are Cosapetitslity Caeegory D.
l n
W Crieeria for Licesee Tes=i==eia= ( 62 FR 39057; Julh 21,1997)
Effective August 29,1997 i
20.1003 Definitions l
Background radiation 2
A i
Critical group 2
B j
f Decommission 2
[C]
Add comment:
This definibon aho appears in 10 CFR 30.4. For purposes of
@y, the language of the Part 30 definetson shouid be used where it is assigned to Comperibility.Casegory C.
i Distinguishable from 2
B background c.
REGUIATION SECTION TITLE B.7 DIVISION COMPATIBILITY COMMENTS SECTION GMWA1EEJIY4ms CATEGORY.
(For each rule secties, tine comuments' columen h a *.- f desagmated in tine of how tine current B.7 cenument would he usedWied to refled the 11 mi floal rule) rule.)
Residual radioactivity 2
B 20.1009 Information collection 2
D requirements: OMB.
approval Subpart E Radiological Crueria for Decommissioning 20.1401 General provisions and 2
C scope 20.1402 Radiological criteria 2
C for unrestricted use 20.1403-Criteria for license 2
C termination under restricted conditions 20.1404 Alternate criteria for 2
C license termination 20.1405 -
Public notification and 2
C public participation 20.1406 Minimization of 2
C contamination 20.2402(b)
Criminal penalties 2
D 30.4 Definitions l
Decommission 2
C
h REGULATION SECTION TITLE B.7 DIVISION COMPATIBILITY COMMENTS SECTION 00hrAN"6s CATEGORY (For each risie secties, the comensents' cohnsus ma "- - J, ^
- designesed in the of how the current B.7 camm==nt would be usedined to resect the 11 emi final rule) rule.)
30.35(fX5)
Financial assurance and 2.
D recordkeeping for decommissioning 30.35(gX3Xiv) 2 D
30.36(jX2)
Expiration and 2
D Add comment:
termiration oflicenses H&S and decommissioning of sites and separate buiklings or outdoor areas-30.36(kX3XI) &
2 D
Add comment:
(ii)
H&S
/.3.4 Definitions Decommission 2
[C]
Add comment:
This definition also appears in 10 CFR 30.4. For purposes of compatibility, the language of the Part 30 definition should be used where it is assigned to Compatibility Category C.
/,3.36(eX5)
Financial assurance and 2
D recordkeeping for decommissioning 40.36(fX3Xiv) 2 D
f f -
I REGULATK)N SECTION TITLE B.7 DEVISION COMPATIBILITY COMMENTS SECTION 00hfAM'W CATEGORY (For each rule seceien, the comunemes' columme h a "
Jf' designesed in the d how the curvesst B.7 comument would be m to resect she E mi final rule) rule.)
40.420)(2)-
Expiration and 2
D Add comment:
termination oflicenses HAS and decommissioning of sites and separate buildings or outdoor areas 40.42(kX3) 2 D
Add comment:
HAS Definitions.
70.4 Decommission 2
[C]
Add romment:
This defimmon also appears in 10 CFR 30.4. For pusposes d
%, the language d the Past 30 h should be used wiere it is assigned to e 9 sihady Category C.
r 70.25(fX5)
Financial assurance and 2
D record keepmg for decommissioning 70.25(gX3Xiv) 2 D
70.380X2) '
Expiration and 2
D Add comment:
termmation oflicenses H&S and decommissioning of sites and separate buildings or outdoor areas 7038(kX3) 2 D
Add comment:
HAS o - *.
l i
i i
i t
I f
t i
i i
4 f
NRC Rules with More Rigorous Compatibility or Health and Safety Designations Under the New Policy Staternent i
i
+
I
'k
+.
NRC Rules with More Rigorous Compatibility or Health and Safety Designations Under the New Policy Statement Changes from 3 to A None Changes from 3 to B 10 CFR 30.14(b) and (c) - Exempt concentrations 10 CFR 150.3(f) - Definition of " offshore waters' Changes from 3 to C 10 CFR 20.2101 - General provisions 10 CFR 20.2106(a) and (e) - Records of individual monitoring results
- 10 CFR 30.10 - Deliberate misconduct 10 CFR 30.51(a) and (b) - Records
- 10 CFR 31.9 - General license to own byproduct material 10 CFR 34.4 - Maintenance of records [Subpart E of revised rule]
10 CFR 34.42 - Posting (Section 34.53 of revised rule) 10 CFR 35.75 - Release of patients or human research subjects....
10 CFR 35.404 - Release of patients or human research subjects.
10 CFR 36.1(b) and (c)- Purpose and scope 10 CFR 39.73 - Documents and records required at field stations 10 CFR 40.3 - License requirements 10 CFR 40.10 - Deliberate misconduct 10 CFR 40.21 - General license to receivo title to source or byproduct material 10 CFR 40.25 - General license for use of certain industrial products or devices 10 CFR 40 46 - Inalienability of licenses
- 10 CFR 61.9b - Deliberate misconduct 10 CFR 61.80 - Maintenance of records, reports, and transfers 10 CFR 70.3 - License requirements 10 CFR 70.19 - General license for calibration or reference sources 10 CFR 70.20 - General license to own special nuclear material 10 CFR 70.21(a)(1), (a)(2), (a)(3), (b) and (d) - Filing 10 CFR 70.36 - Inalienability of licenses Changes from 3 to D - H&S 10 CFR 34.29 - Permanent radiogmphic installation [Section 34.33 of revised rule) 10 CFR 35.21(a) - Radiation safety officer 10 CFR 35.23(a) - Statements of authority and responsibilities 10 CFR 35.59 - Requirements for possession of sealed sources and brachytherapy sources 10 CFR 35.70 - Surveys for contamination and ambient radiation exposure rate 10 CFR 35.100 - Use of unsealed byproduct material for uptake, dilution and excretion studies
- r Y
2 10 CFR 35.200 - Use of unsealed byproduct material for imaging and localization studies 10 CFR 35.204 - Permissible molybdenum 99 concentration 10 CFR 35.300 Use of unsealed byproduct material for therapeutic administration 10 CFR 35.406(a) and (c) - Brachytherapy sources inventory 10 CFR 35.605 - Maintenance and repair restrictions 10 CFR 35.610 - Safety instructions 10 CFR 35.615 - Safety precautions 10 CFR 35.630 - Dosimetry equipment 10 CFR 35.632 - Ful1 calibration measurements 10 CFR 35.634 - Periodic spot-checks 10 CFR 35.636 Safety checks for teletherapy facilities 10 CFR 35.647 Five year inspection 10 CFR 39.13 - Specific licenses fo well logging 10 CFR 61.7 - Concepts
- 10 CFR 70.32(a)(9) - Bankruptcy notification Changes from 2 to A 10 CFR 20.1204(c)- Determination of external exposure Changes from 2 to B
- 10 CFR 20.1003 - Definition of " Critical group"
- 10 CFG 20.1003 - Definition of ' Distinguishable from background"
- 10 CFR 20.1003 - Definition of " Residual radioactivity" 10 CFR Part 20 Appendix F - Requirements for Low level waste transfer for disposal....
10 CFR Part 20 Appendix G - Requirements for transfers of low level radioactive waste...
10 CFR Pari 30 Appendix B - (untitled) 10 CFR 31.7 - Luminous safety devices for use in aircraft 10 CFR 31.10 - General license for Sr90 in ice detection devices 10 CFR 32.11(c) -!*oduction of byproduct material in exempt concentrations 10 CFR 32.51 - Byproduct material contained in devices for use under 31.5:..
10 CFR 32.51a Same: Conditions of licenses 10 CFR 32.52 Same: Material transfer reports and records 10 CFR 32.53 - Luminous safety devices for use in aircraft: Requirements for license.
10 CFR 32.54 - Same: Labeling of devices 10 CFR 32.55 - Same: Quality assurance; prohibition of transfer 10 CFR 32.56 - Same: Material transfer reports 10 CFR 32.57 - Calibration or reference sources Am-241: Requirements for license.
10 CFR 32.58 - Same: Labeling of devices 10 CFR 32.59 - Same: Leak testing of each source 10 CFR 32.61 - Ice detection oevices containing Sr90; requirements for license 10 CFR 32.62 - Same: Quality assurance; prohibition of transfer 10 CFR 32.71 - Manufacture and distribution of byproduct material for certain in vitro 10 CFR 32.72 - Manufacture, preparation or trans,fer for commercial distribution..
10 CFR 32.74 Manufacture and distribution of sources containing byproduct material.
10 CFR 32.101 - Schedule B - Prototype tests for luminous safety devices..
_. _. ~ -
a Y
3 10 CFR 32.102 - Schedule C - Prototype tests for calibration or reference sources....
10 CFR 32.103 - Schedule 0 - Prototype tests for ice detection devices....
10 CFR 32.110 Acceptance sampling procedures under specific licenses 10 CFR 32.210 - Registration of product information
- 10 CFR 34.3 - Definition of " Associated equipment *
- 10 CFR 34.3 - Definition of ' Certifying entity"
- 10 CFR 34.3 - Definition of 'Collimator'
- 10 CFR 34.3 - Definition of
- Control (drive) cable'
- 10 CFR 34.3 - Definition of ' Control drive mechanism'
- 10 CFR 34.3 - Definition of " Control tube"
- 10 CFR 34.3 - Definition of
- Exposure head'
- 10 CFR 34.3 Definition of ' Guide tube (projection sheath)*
10 CFR 34.3 - Definition of " Independent certifying orgarization" 10 CFR 34.3 - Definition of " Industrial radiography (radiography)'
- 10 CFR 34.3 - Definition of " Lay barge radiography *
- 10 CFR 34.3 Definition of *[ Offshore) Platform radiography"
- 10 CFR 34.3 - Definition of
- Radiographer certification"
- 10 CFR 34.3 - Definition of " Radiographer's assistant" 10 CFR 34.3 - Definition of
- Radiographic exposure device'
- 10 CFR 34.3 - Definition of *S-tube"
- 10 CFR 34.3 - Definition of ' Source assembly" 10 CFR 34.3 - Definition of
- Source changer
- 10 CFR 34.3 - Definition of " Storage container"
- 10 CFR 34.3 Definition of " Temporary jobsite"
- 10 CFR 34.3 - Definition of " Underwater radiography" 10 CFR 34.20 - Performance requirements of industrial radiography equipment [Section 34.20 in revised rule) 10 CFR 34.21 Limits on external radiation levels from storage containers and source changers
[Section 34.21 in revised rule]
10 CFR 34.22 - Locking of radiographic exposure devices, storage containers.... [Section 34.23 in revised rule) 10 CFR 34.27 - Utilization logs [Section 34.71 in revised rule) 10 CFR 34.29 - Permanent radiographic installations [Section 34.33 in revised rule)
- 10 CFR 34.35 Labeling, storage, and transportation
- 10 CFR 34.41 - Conducting industrial radiography operations 10 CFR 34.42 - Posting [Section 34.53 in revised rule)
- 10 CFR 34.43 Training
- 10 CFR 34.46 + Supervision of radiographer's assistants
- 10 CFR Part 34 - Appendix A - Radiographer certification 10 CFR 36.21 - Performance criteria for sealed sources 10 CFR 39.2 - Definition of " field station'
- 10 CFR 39,61 - Training 10 CFR 40.12 - Carriers 10 CFR 40.34(a)(2) and (a)(3) - Special requirements for issuance of specific licenses 10 CFR 40.35(b) and (c) - Conditions of specific licenses issued pursuant to 40.34 10 CFR 40.51 - Transfer of source or byproduct material 10 CFR 70.12 - Carriers 10 CFR 70.42 - Transfer of special nuclear material l
l
.._m.
r.._,
.. - _ _ -. -. =. - - -. _.
4 10 CFR 71.12 - General license: NRC approved package 10 CFR 71.13 - Previously approved package 10 CFR 71.14 - General license: DOT specification container material 10 CFR 71.16 - General license: use of foreign approved package 10 CFR 71.81 - Applicability of operating controls 10 CFR 71.85 Preliminary determinations 10 CFR 71.87 - Routine determinations 10 CFR 71.88 Air transportation of plutonium 10 CFR 71.89 Opening instructions 10 CFR 71.97 - Advance notification of shipment of irradiated reactor fuel and nuclear waste Changes from 4 to A None Changes from 4 to B 10 CFR 32.17 - Resins containinr, Sc46 and designed for sand-consolidations....
10 CFR 32.24 - Table of Organ Doses
- 10 CFR 71.83 Assumptions as to unknown properties Changes from 4 to C
- 10 CFR 70.51(a) and (b) - Material balance, inventory, and records requirements 1
Identifies 10 CFR sections and paragraphs from (1) final rules adopted since May 1996 and (2) proposed changes to compatibility categories for rules previously designated pursuant to the new policy statement. These are subject to revision following review and comment by the Agreement States and NRC staff.
The remainder are rules upon which the Agreement States and NRC staff have had i
the opportunity to comment and which were incladed in SECY-97-054 (March 3, 1997).
j l
.