ML19305B584
| ML19305B584 | |
| Person / Time | |
|---|---|
| Issue date: | 02/08/1980 |
| From: | Kerr G NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Elizabeth Wilson ARKANSAS, STATE OF |
| References | |
| NUDOCS 8003190923 | |
| Download: ML19305B584 (5) | |
Text
'
gf,,.n ac[
') > 3) t.
?) b.~-
0 4^.
UNITED STATES -
. y ', g f [ t ;
NUCLEAR REGULAl'ORY COMMISSION
- ;,* 'y t-WASHINGTON, D. C. 20555 o,, J e
g,-9 f
+....
FEB "
G-Ref: SA/ LAB
-Mr. E. Frank Wilson, Director Division of Environmental Health Protection Department of Health 4815 West flarkham Street Littic Rock, Arkansas 72201
Dear Mr. Wilson:
This is to confirm the comments made to you and your staff by Lloyd Bolling at the conclusion of the recent radiation control program review.
' Based on the results of the review, the staff believes that the Arkansas program for control of agreement materials is adequate to protect the public health and safety and is compatible with the NRC's program.
Specific comments and recommendations are enclosed.
I would appreciate your review of'our recommendations and receiving your. comments regarding them.
I appreciate the courtesy and cooperation extended to Mr. Bolling during the j
review.
Sjecerely,
.W b
G. Wayne K rr, Assistant Director for State Agreements Program Office of State Programs
Enclosure:
As-stated cc:
R. W. Young, M.D.
NRC Public Document Room )
State Public Document Room) w/ encl.
t W
3003190 92.,3
s.
COMMENTS AND RECOMMENDATIONS
- 1. ' Licensing A.
Comment A review of selected license files indicated that step-by-step procedures for the calibration of survey meters and, for medical licensees, patient dose calibrators were not routinely required on license ~ applications.
Recommendations We recommend that applicants not using the services of an approved consultant for instrument calibrations be required to submit step-by-step procedures for in-house instrument calibrations. Medical licensees should provide procedures for calibration of do:e calibra tors.
B.
Comment A review of selected license files showed that the new NRC requirements involving teletherapy licensees have not yet been adopted.
These requirements.are listed in Sections 35.21, 35.22, 35.23, -35.24 and 35.25 of 10 CFR Part 35 and became effective July 9,1979.
Recommendations Since you have not had an opportunity to add these requirements to your regulations by amendment, we recommend they be added by conditioning the licenses.
C.
Comment A review of the Timex Corporation's license file indicated that there was no mention of the ' procedures and equipment used to analyze the weekly bioassay (urine) samples.
j Recommendation Timex-should be required to submit a description of the method of analysis, equipment used and the calibration procedures for the equipment.
D.
Comment
' A review of the Timex license indicated that the stack monitors are set to alarm when concentratic.is of tritium in the stack air
-reaches 2 x 10-5 uCi/ml.
. e.- w. w
. 6.w
~ = * -'
w
e+
. - = = = =. = =
e-e==***-
- * = =
4-
, Recommendation a
Wa believe that it is prudent that, in the absence of convincing evidence to the contrary, for licensees releasing tritium, it be assumed that the tritium is re? eased as tritiated water and the soluble-insoluble M ialue (2 x 10-7 uCi/ml) be applied for releases to the atmosphere.
The licensee should have an adequate sampling program in effect to demonstrate compliance. Please refer to our Information Notice H.4 on the subject of applying MPC's to atmospheric releases. We will be pleased to provide assistance in.further evaluations of Timex's program for controlling and measuring tritium releases.
II. Compliance A.
Comment A review of selected compliance files showed that in several instances the enforcement letters lacked a requirement that the licensee respond to noncompliance items with a plan to prevent
, recurrences.
Recommendation We believe that a standard format for enforcement letters should be composed. This format would include a time requirement on the licensees' response, what steps would be taken to correct non-compliance items, when such steps would be taken and what would be done to prevent.a recurrence of the noncompliance items. We distributed to the Agreement States on November 14, 1978 samples of NRC enforcement correspondence illustrating the format and language used by NRC.
B.
Comment Our discussions with the staff and review of available procedure,,.
indicates that the State has developed procedures governing esc alated enforcement action. These include procedures for show-cause hearings, cease and desist orders and orders for revocation of licenses..However, the role of the Health Department's attorne/s needs to be described and procedures governtog off-duty actions have not been integrated into a single written plan.
Recommendation We recommend that a written plan be developed to cover your pr)cedures for escalated enforcement actions. This plan should cover wha: would be needed during emergencies, especially during non-working hoars when key legal and administrativa persons may not be immediately available.
We are enclosing an outline of the key elements which should be -included in a written plan.
+
Enclosurc 9
. Elements of Escalated Enforcement Action Procedure Escalated Enforcement Actions are defined as actions beyond routine
. notifications to licensee of violations.
Examples are:
A.
Informal hearing (management conference).
B.
Impounding of Sources, C.
Civil Penalty.
D.
Order to ttodify License.
E.
Order to Suspend License.
F.
Revocation of License, G.
Criminal Penalty.
11.
Statement of Underlying Auth'orities and Governing legislation
~
A.
State Radiation Control Act B.
State Administrative Procedures Act '
C.
State Regulations 111.; Written Procedunes for Implementation
.A.
Who has authority to call for hearings and issues orders?
Is it delegated? Is it documented?
B.
' Legal Counsel 1
From where is it available - in-house, State Attorney i
General?
i 2.
0; you wait in line or'is it available on-call?
- 3. ~ Are: the a ttorneys (familiar wi th the radia tion control ~
progran, the Radt.ition Control Progrim. Act and' regulations -
. and - terminology 'of tho' regula ted activities ?
4 f
a V
e
- Q '.
L-,
ns
?.
r 4.
' Arc legal services available without cost or m us t they bc budgeted 'for by the radiation control agency?
C.
Other legal services which may be required:
1.
Hearing Examiners - Quali fications ?
Who appoints, who pays ?
2.
Court Reporters - From where are they available?
Who pays ?
3.
Hearing Rooms - Where?
Who pays?
4.
Miscellaneous - Notary fees, Search Warrants. State and 1,ocal law' enforcement assis tance.
.D.
Of f-Hour Enforcement Action.
E.
Criteria for Escalated Enforcement Actions:
1.
Immediate Action to protect the public health and safet i
2.
Penalties (including civil monetary and temporary s uspension i
of license) 3.
Revocation or modification ~ of License 1
F.
Public Notice and Participation a
e e
i F
e 1
e Enclosure A
..