Daehler, Joshua (DPH) Henderson, Pamela Anderson, Beverly ...power tubes, gas tubes including glow...

From: Daehler, Joshua (DPH)To: Henderson, PamelaCc: Anderson, Beverly (DPH); Schneider, Kathleen; Ford, MonicaSubject: 2013 Final Corrections As Published Massachusetts RegulationsDate: Monday, December 30, 2013 4:38:11 PMAttachments: RE Massachusetts RATS ID 2012-1.msg

105cmr120-summary-of-changes.pdf2013 Corrections to 105CMR120.pdf

Pamela J. Henderson, Deputy DirectorU.S. Nuclear Regulatory CommissionDivision of Materials Safety and State AgreementsOffice of Federal and State Materials and Environmental Management Programs Ms. Henderson; Attached for your review are the 2013 final as published corrections made to 105 CMR 120.000. Foryour convenience, a summary of changes table is also attached that highlights and makes explanationof each correction made, page by page, 15 total pages corrected. The corrections were made in response to your review letter dated May 3, 2012 (ML120960587 andpackage ML120960551). We expect that the corrections completely address 9 of 12 comments (comment numbers 1, 2, 4, 5, 6,7, 8, 9, and 10) made in enclosure to your review letter and, for RATS ID No. 2012-1, the comment 5clarification provided by NRC in NRC e-mail dated June 14, 2012 (copy of e-mail attached). Weexpect to address your 3 other comments (comment numbers 3, 11, and 12 of enclosure to your reviewletter) in a future rulemaking. We ask that you make review of our 2013 corrections made and then to update your RATS ID StateRegulation Status Data Sheet for Massachusetts accordingly. We expect that the corrections shouldmake compatibility complete with RATS ID Nos. 2012-1; 2009-1; 2007-1; 2006-1; 2005-2; 2003-1 andthat RATS ID Nos. 2007-2; 2007-3 and 2004-1 may remain open until after we address your 3 othercomments in a future rulemaking. Thanks,Josh Joshua E. DaehlerRadioactive Materials Unit SupervisorMassachusetts Radiation Control ProgramSchrafft Center, Suite 1M2A529 Main StreetCharlestown, MA 02129Tel.: 617-242-3035 ext. 2015Fax: 617-242-3457

mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]: Massachusetts RATS ID 2012-1

From

Schneider, Kathleen

To

Daehler, Joshua (DPH)

Cc

Gallaghar, Robert (DPH); Meyer, Karen; Ford, Monica

Recipients

[email protected]; IMCEAEX-_O=COMMONWEALTH+20OF+20MASSACHUSETTS_OU=MassMail-01_cn=Recipients_cn=Robert+2EGallaghar@MassMail.State.MA.US; [email protected]; [email protected]

Josh,

I left you a voicemail, but I understand that you will not be back till next week. I have reviewed both the letter and the SRS sheet. The error is on the comments attached to the letter and not the srs sheet. Comment 5, regarding 31.5 should have referenced 2007-2, 2007-3 and 2012-1. Give me a call when you get back and we see if we need to reissue a correction to the letter.

Kathy

Kathleen Schneider

Sr. Project Manager

State Regulation Review Coordinator

USNRC

Division of Materials Safety and State Agreements (MSSA)

Agreements State Program Branch (ASPB)

[email protected]

301-415-2320

From: Orendi, Monica Sent: Wednesday, May 23, 2012 3:11 PMTo: Daehler, Joshua (DPH); Schneider, Kathleen; Meyer, KarenCc: Gallaghar, Robert (DPH)Subject: FW: Massachusetts RATS ID 2012-1

Hi Josh:

The SRS sheets are handled and updated by HQ after the package is reviewed. I am sending this email to Kathy Schneider and Karen Meyer to take a look at. They will get back to you with an answer.

Best Regards,

Monica

Monica Orendi

State Agreements Officer

USNRC-Region 1

phone: 610-337-5214

cell:610-908-9942

From: Daehler, Joshua (DPH) [mailto:[email protected]] Sent: Wednesday, May 23, 2012 9:22 AMTo: Orendi, MonicaCc: Gallaghar, Robert (DPH)Subject: Massachusetts RATS ID 2012-1

Monica;

Related to NRC letter dated May 3, 2012 (ML120960551), RATS ID 2012-1, outgoing package column indicates “Comments”. There was, however, no RATS ID 2012-1 indicated comment.

Should outgoing package column rather indicate “No Comments” for RATS ID 2012-1?

Thanks,

Josh

Joshua E. Daehler

Radioactive Materials Unit Supervisor

Massachusetts Radiation Control Program

Tel.: 617-242-3035

Fax: 617-242-3457

105 CMR 120.000: February 15, 2013 Corrections to Regulations

PageNumber

Regulation Previous Language Corrected Language Explanation

222 120.005:Definitionof Waste

Waste means those low-level radioactive wastes containingsource, special nuclear, or byproduct material that areacceptable for disposal in a land disposal facility. For thepurposes of this definition, low-level radioactive waste meansradioactive waste not classified as high-level radioactive waste,transuranic waste, spent nuclear fuel, or byproduct material asdefined in 105 CMR 120.005: Byproduct Material(2) through(4).


“(4)" in lastsentencecorrected to be“(3)". There is no“(4)" ByproductMaterialreference.ByproductMaterial(2)through (3). is thecorrect reference.

PageNumber


244 120.104(C)(1)(e)

(e) Electron tubes; provided, that each tube does not containmore than one of the following specified quantities ofbyproduct material:

1. 150 millicuries (5.55 GBq) of tritium permicrowave receiver protector tube or 10 millicuries(370 MBq) of tritium per any other electron tube.2. 1 microcurie (37 kBq) of cobalt-60.3. 5 microcuries (185 kBq) of nickel-63.4. 30 microcuries (1.11 MBq) of krypton-85.5. 5 microcuries (185 kBq) of cesium-137.6. 30 microcuries (1.11 MBq) of promethium-147.And provided further, that the radiation dose rate from

each electron tube containing byproduct material will notexceed one millirad (ten µGy) per hour at one centimeter fromany surface when measured through seven milligrams persquare centimeter of absorber. For purposes of 105 CMR120.104(C)(1)(h), "electron tubes" include spark gap tubes,power tubes, gas tubes including glow lamps, receiving tubes,microwave tubes, indicator tubes, pick-up tubes, radiationdetection tubes, and any other completely sealed tube that isdesigned to conduct or control electrical currents.



each electron tube containing byproduct material will notexceed one millirad (ten µGy) per hour at one centimeter fromany surface when measured through seven milligrams persquare centimeter of absorber. For purposes of 105 CMR120.104(C)(1)(e), "electron tubes" include spark gap tubes,power tubes, gas tubes including glow lamps, receiving tubes,microwave tubes, indicator tubes, pick-up tubes, radiationdetection tubes, and any other completely sealed tube that isdesigned to conduct or control electrical currents.

“(h)" in lastsentencecorrected to be“(e)". There is no120.104(C)(1)(h)reference. 120.104(C)(1)(e)is the correctreference.

245 120.104(C)(1)(f)3.

3. For americium-241, 0.05 microcurie (1.85 kBq) isconsidered an exempt quantity under 105 CMR120.104(C)(1)(i).

3. For americium-241, 0.05 microcurie (1.85 kBq) isconsidered an exempt quantity under 105 CMR120.104(C)(1)(f).

“(i)" corrected tobe “(f)". There isno120.104(C)(1)(i)reference. 120.104(C)(1)(f)is the correctreference.

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247 blank

blank

blank

blank

(B) Requirements for Other General Licenses (Reserved).

(C) Requirements for Other General Licenses (Reserved).

CorrectlyreintroduceReservedsubsections withtitle“Requirementsfor Other GeneralLicenses”.

See also Note 1.

PageNumber


248 120.122(B) (B) Certain Detecting, Measuring, Gauging, or ControllingDevices and Certain Devices for Producing Light or an IonizedAtmosphere.

(D) Certain Detecting, Measuring, Gauging, or ControllingDevices and Certain Devices for Producing Light or an IonizedAtmosphere.

“(B)” correctedto be “(D)”. Withoutcorrection, all120.122(D)references thatfollow current120.122(B) are inerror. Thiscorrection issimple fix ascompared toalternatively keeping120.122(B) as isand correcting all120.122(D)references thatfollows.

See also Note 1.

251 120.122(C) (C) General License for Certain Items and Self-luminousProducts Containing Radium-226.

(E) General License for Certain Items and Self-luminousProducts Containing Radium-226.

“(C)” correctedto be “(E)”.

See also Note 1.

PageNumber


252 120.122(D)

120.122(E)

(D) Ownership of Radioactive Material.

(E) Calibration and Reference Sources.

(F) Ownership of Radioactive Material.

(G) Calibration and Reference Sources.

“(D)” correctedto be “(F)”.“(E)” corrected tobe “(G)”.

See also Note 1.

253 blank

120.122(F)

blank

(F) General License for Use of Radioactive Material forCertain In Vitro Clinical or Laboratory Testing.4

(H) Requirements for Other General Licenses (Reserved).

(I) General License for Use of Radioactive Material forCertain In Vitro Clinical or Laboratory Testing.4

CorrectlyreintroduceReservedsubsection withtitle“Requirementsfor Other GeneralLicenses”.

“(F)” corrected tobe “(I)”.

See also Note 1.

255 120.122(G) (G) Ice Detection Devices. (J) Ice Detection Devices. “(G)” correctedto be “(J)”.

See also Note 1.

PageNumber


258 120.125(C)(6)

(6) Each decommissioning funding plan must contain a costestimate for decommissioning and a description of the methodof assuring funds for decommissioning from 105 CMR120.125(C)(7), including means of adjusting cost estimates andassociated funding levels periodically over the life of thefacility. Cost estimates must be adjusted at intervals not toexceed three years. The decommissioning funding plan mustalso contain a certification by the licensee that financialassurance for decommissioning has been provided in theamount of the cost estimate for decommissioning and a signedoriginal of the financial instrument obtained to satisfy therequirements of 105 CMR 120.125(7).

(6) Each decommissioning funding plan must contain a costestimate for decommissioning and a description of the methodof assuring funds for decommissioning from 105 CMR120.125(C)(7), including means of adjusting cost estimates andassociated funding levels periodically over the life of thefacility. Cost estimates must be adjusted at intervals not toexceed three years. The decommissioning funding plan mustalso contain a certification by the licensee that financialassurance for decommissioning has been provided in theamount of the cost estimate for decommissioning and a signedoriginal of the financial instrument obtained to satisfy therequirements of 105 CMR 120.125(C)(7).

“(C)” correctlyinserted into120.125(7) in lastsentence. There isno 120.125(7)reference. 120.125(C)(7) isthe correctreference.

270 105 CMR120.128(J)(2)(a)

(a) may prepare radioactive drugs for medical use, as defined105 CMR 120.502, provided that the radioactive drug isprepared by either an authorized nuclear pharmacist, asspecified in 105 CMR 120.128(J)(2)(b) and (c), or anindividual under the supervision of an authorized nuclearpharmacist as specified in 105 CMR 120.519.

(a) may prepare radioactive drugs for medical use, as defined105 CMR 120.502, provided that the radioactive drug isprepared by either an authorized nuclear pharmacist, asspecified in 105 CMR 120.128(J)(2)(b) and (d), or anindividual under the supervision of an authorized nuclearpharmacist as specified in 105 CMR 120.519.

“(c)” corrected tobe “(d)”.Authorizednuclearpharmacist is notspecified in “(c)”.105 CMR120.128(J)(2)(b)and (d) is thecorrect reference.

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351 105 CMR120.296Appendix BTablevalues forcarbon-11throughoxygen-15

Correct tablevalues by addingvalues to carbon-14; deletingvalues to oxygen-15; and changingvalues to carbon-11. Wrongcurrent valuesresultant of pastcut and pasteerrors wherepreviouslycorrect carbon-14dioxide andcompoundsvalues had beenincorrectly cut(removed) andincorrectly pasted(added) intocarbon-11 andoxygen-15 tablevalues.

PageNumber


474.42 120.524(A) (A) Is certified by a speciality board whose certificationprocess includes all of the requirements in 105 CMR120.524(B) and (C) and whose certification has beenrecognized by the Nuclear Regulatory Commission or anAgreement State. (The names of board certifications whichhave been recognized by the Commission or an AgreementState will be posted on the NRC's Web page.) To have itscertification process recognized, a specialty board shall requireall candidates for certification to:

(A) Is certified by a speciality board whose certificationprocess includes all of the requirements in 105 CMR120.524(D) and (E) and whose certification has beenrecognized by the Nuclear Regulatory Commission or anAgreement State. (The names of board certifications whichhave been recognized by the Commission or an AgreementState will be posted on the NRC's Web page.) To have itscertification process recognized, a specialty board shall requireall candidates for certification to:

120.524(B) and(C) in firstsentencecorrected to be120.524(D) and(E).120.524(B)and (C) isincorrectreference.120.524(D) and(E) is the correctreference.

PageNumber


474.58 120.558(B) (B) Is an authorized user under 105 CMR 120.556, for useslisted in 105 CMR 120.556(B)(1)(b)1.a. or b. and 120.558, orequivalent Agreement State, or Nuclear RegulatoryCommission requirements; or

(B) Is an authorized user under 105 CMR 120.556, for useslisted in 105 CMR 120.556(B)(1)(b)7.b. or equivalentAgreement State, or Nuclear Regulatory Commissionrequirements; or

“105 CMR120.556(B)(1)(b)1.a. or b. and120.558,” iscorrected to be“105 CMR120.556(B)(1)(b)7.b.” There is no105 CMR120.556(B)(1)(b)1.a. or b.reference and120.558 isincorrectlyreferenced ontoitself. The correctreference is 105CMR120.556(B)(1)(b)7.b.

PageNumber


474.101 120.772:DefinitionofCertificateofCompliance(CoC)

Certificate of Compliance (CoC) means the certificate issuedby the Commission under subpart D of this part whichapproves the design of a package for the transportation ofradioactive material.

Certificate of Compliance (CoC) means the certificate issuedby the Commission under subpart D of 10 CFR 71 whichapproves the design of a package for the transportation ofradioactive material.

“subpart D of thispart” corrected tobe “subpart D of10 CFR 71". There is nosubpart D of theregulations. Thedefinedcertificate isissued by theU.S. NuclearRegulatoryCommission. The correctreference issubpart D of 10CFR 71.

Note 1: Subsection titles for previously reserved subsections were inadvertently omitted. Those previously reserved subsections, initially untitled, were deleted and subsequentsubsection changes were made [e.g. 120.122(D) changed to 120.122(B), etc.] without regard to affect. It was important to reintroduce these reserved subsections (to now correctlyincludes title) to avoid major revisions to the many divisions and subdivisions to those subsections, licenses, applications, regulatory guides and other regulatory references relatedto the many general licenses described by 105 CMR 120.122 and the many specific licenses described by 105 CMR 120.128 that reference the general licenses of 120.122.

105 CMR 120.000: February 15, 2013 Corrections to Regulations

PageNumber


222 120.005:Definitionof Waste



“(4)" in lastsentencecorrected to be“(3)". There is no“(4)" ByproductMaterialreference.ByproductMaterial(2)through (3). is thecorrect reference.

PageNumber


244 120.104(C)(1)(e)



each electron tube containing byproduct material will notexceed one millirad (ten µGy) per hour at one centimeter fromany surface when measured through seven milligrams persquare centimeter of absorber. For purposes of 105 CMR120.104(C)(1)(h), "electron tubes" include spark gap tubes,power tubes, gas tubes including glow lamps, receiving tubes,microwave tubes, indicator tubes, pick-up tubes, radiationdetection tubes, and any other completely sealed tube that isdesigned to conduct or control electrical currents.



each electron tube containing byproduct material will notexceed one millirad (ten µGy) per hour at one centimeter fromany surface when measured through seven milligrams persquare centimeter of absorber. For purposes of 105 CMR120.104(C)(1)(e), "electron tubes" include spark gap tubes,power tubes, gas tubes including glow lamps, receiving tubes,microwave tubes, indicator tubes, pick-up tubes, radiationdetection tubes, and any other completely sealed tube that isdesigned to conduct or control electrical currents.

“(h)" in lastsentencecorrected to be“(e)". There is no120.104(C)(1)(h)reference. 120.104(C)(1)(e)is the correctreference.

245 120.104(C)(1)(f)3.

3. For americium-241, 0.05 microcurie (1.85 kBq) isconsidered an exempt quantity under 105 CMR120.104(C)(1)(i).

3. For americium-241, 0.05 microcurie (1.85 kBq) isconsidered an exempt quantity under 105 CMR120.104(C)(1)(f).

“(i)" corrected tobe “(f)". There isno120.104(C)(1)(i)reference. 120.104(C)(1)(f)is the correctreference.