ML19275B688
| ML19275B688 | |
| Person / Time | |
|---|---|
| Issue date: | 01/10/1980 |
| From: | Ahearne J NRC COMMISSION (OCM) |
| To: | Moffett T HOUSE OF REP., GOVERNMENT OPERATIONS |
| Shared Package | |
| ML19275B685 | List: |
| References | |
| NUDOCS 8002200268 | |
| Download: ML19275B688 (3) | |
Text
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k UNITED STATES 1.r(
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. NUCLEAR REGULATORY COMMISSION "f
W ASHINGTON, D.C. 20555 d'
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January 10, 1980 OFFICE OF THE CHAIRMAN The Honorable Toby Moffett, Chairman Subcommittee on Environment, Energy and f!atural Resources Committee on Government Operations United States House of Representatives Washington, D. C.
20515
Dear Mr. Chairman:
Under section 274 of the Atomic Energy Act, as amended, the U. S.
fluclear Regulatory Commission is authorized to relinquish to States, through an agreement, regulatory authority over byproduct, source, and special nuclear materials.
Before entering into an agreement, the Commission must find that the State has a program which is adequate to protect the public health and safety, and is compatible with the Commission's regulatory program.
This is to infom the subcommittee of the status of the regulatory programs of the Agreement States (Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Idaho, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, South Carolina, Tennessee, Texas, and Washington) for calendar year 1978.
With respect to adequacy of the Agreement State programs to protect the public health and safety, the programs of all 25 Agreement States were detemined to be adequate for calendar year 1978.
With respect to compatibility, we have determined that twenty-three States have compatible programs for purposes of reporting to the U. S.
Department of Labor (OSHA) as follows:
Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Idaho, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Nebraska, New Hampshire, New York, North Carolina, North Dakota, Oregon, South Carolina, Tennessee, Texas, and Washington.
We deferred a detemination of compatibility on Nevada and New Mexico because those States had not completed action to adopt formal regulations during 1978, equivalent to 10 CFR Part 19.
We deferred a detemination of compatibility on Nevada and New Mexico, as well as some other States in 1976 and 1977.
We had previously notified the Agreement States that adoption of these regulations would be considered to be a matter of compatibility.
Normally, we expect States to revise their regulations at two-to three-year intervals. Revision and updating of State regulations, however, is 8002200f4 8
i The Honorable Toby Moffett an activity that can require significant manpower effort and may depend on outside factors such as line item appropriations by State legislatures.
In States where staffing levels have been a problem, priority was properly given to maintaining those parts of the program more directly related to health and safety, i.e., licensing, inspection, and enforcement.
Nevada and New Mexico have had such problems.
New Mexico adopted its equivalent to 10 CFR Part 19 in November 1979.
Nevada expects to adopt an equivalent to Part 19 by January 1980.
Although this report covers calendar year 1978, situations in three States have caused us some concern in 1979. During our regular reviews of the California and Florida prograns, we were unable to determine that the programs were adequate to protect the public health and safety.
In California, administration and licensing were proolem areas.
In Florida, salaries and funding were problem areas.
Staffing and compliance activi-ties were problem areas in both States.
Follow-up meetings were held with both States during 1979 and efforts, by high level State management, are continuing to resolve the deficiencies. We are working with these States to assure that the problems will be satisfactorily resolved.
In Arizona, the American Atomics Corporation, a manuf acturer of tritium activated luminous signs and devices, was found to be releasing tritium to the environment in excess of regulatory limits. As a result of subsequent deliberations involving American Atomics, the Arizona Atomic Energy Commission, Governor Bruce Babbitt, and the NRC, American Atomics was ordered shut down.
Most of its tritium inventory has been removed.
The plant will be decommissioned and the licensee has surrendered its license and does not plan to seek relicensing at this location.
The handling of this matter by the State raised a number of questions concerning the State's ability tc protect the public health and safety.
We have made a number of recommendations to the State, including appropriate change to the State's legislation, and we are continuing to pursue the matter with the State.
NRC is now in the process of revising its criteria for evaluation of Agreement State radiation control programs and evaluating other actions to improve the performance of the States as well as monitoring their programs.
i::
The Honorable Toby Moffe t Please note that in determining compatibility, the statur of the Agreement States' programs for the regulation of uranium milling activities with regard to the Uranium Mill Tailings Radiation Control Act of 1978 was not a criteria.
Enclosed is a copy of the letter which we sent to the Department of Labor informing the Department of our determination.
p Sincerely, J
/
John F. Ahearne Chai rman
Enclosure:
Letter to Dept. of Labor cc:
Representative Paul N. McCloskey, Jr.