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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 David J. Allard, CHP Director, Bureau of Radiation Protection EQB Presentation December 18, 2007
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)
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.
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.
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.
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.
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.
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.
Strategy & Implementation • The regulatory changes promote compliance by ensuring consistency and understandability. • Cost is not a factor in implementation.
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.
Future Steps • The Department will continuously monitor its regulations for compatibility with accepted federal regulations and standards, more specifically the NRC, FDA, and EPA.