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Radiological Health Final Rule 7-402

Radiological Health Final Rule 7-402. David J. Allard, CHP Director, Bureau of Radiation Protection. Summary of Final Rule. 25 PA Code Article V. Radiological Health Chapter 215 General Provisions § 215.1 Fix references to 10 CFR Part 71

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Radiological Health Final Rule 7-402

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  1. Radiological Health Final Rule 7-402 David J. Allard, CHP Director, Bureau of Radiation Protection EQB Presentation December 18, 2007

  2. Summary of Final Rule 25 PA Code Article V. Radiological Health Chapter 215 General Provisions • § 215.1 Fix references to 10 CFR Part 71 (Necessary for Agreement State) • § 215.2 Clarify definition of Radiation Source (What is subject to regulation) • § 215.23 Addresses minimums for Civil Penalties (Requires recovery of Department costs)

  3. Summary of Final Rule – Cont. Chapter 221 X-rays in the Healing Arts • Orphaned and redundant definitions are deleted. Definitions are made consistent with their use for clarity. • MQSA-certified facilities are not required to submit for Healing Arts Screening approval.

  4. Summary of Final Rule – Cont. § 225.102 Shielded Room Radiography • A requirement to report the failure of safety devices to the Department, which was inadvertently deleted in previous rulemaking, has been reinstated.

  5. Summary of Final Rule – Cont. Chapter 240 Radon Certification • The notary requirement on applications for certification of radon services has been deleted. • References to accepted protocols and time intervals for post-mitigation tests have been revised to be consistent with EPA.

  6. Reason & Purpose for Rulemaking • To have regulations compatible with the NRC in order to achieve Agreement State Status and better serve the regulated community. • To have radon protocols compatible with EPA to ensure a quality program and ensuring continued eligibility for federal grant money. • To remove unnecessary regulatory impediments.

  7. Federal Initiatives • The federal government has given states until August of 2009 to become Agreement States. NRC will implement a consistent national materials program, either directly or through the Agreement States programs. • EPA relies on the states to implement radon programs to improve indoor air quality, and promotes state programs by providing guidance, standards, and funds for such programs.

  8. Expected Results • Rule incompatibility will not be an impediment to the Commonwealth’s plan for becoming an Agreement State effective March 31, 2008. • The Department’s radon program will continue to live up to the national recognition it has achieved from the EPA. • The removal of unnecessary burdens, such as notary requirements and unclear regulations, will benefit the regulated community.

  9. Strategy & Implementation • The regulatory changes promote compliance by ensuring consistency and understandability. • Cost is not a factor in implementation.

  10. History of the Regulation • Reviewed by RPAC as Proposed Rule October 27, 2005, and December 6, 2005, and approved without change on December 29, 2005. • The proposed rule was presented to EQB on September 19, 2006, and published in the PA Bulletin November 18, 2006. No comments were received. • The unchanged rule was presented to RPAC as final-form on July 19, 2007, and August 21, 2007, and was approved August 21, 2007, without change or comment.

  11. Future Steps • The Department will continuously monitor its regulations for compatibility with accepted federal regulations and standards, more specifically the NRC, FDA, and EPA.

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