ML19326D571
| ML19326D571 | |
| Person / Time | |
|---|---|
| Issue date: | 06/11/1980 |
| From: | Ryan R NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Christianson G NORTH DAKOTA, STATE OF |
| References | |
| NUDOCS 8007020690 | |
| Download: ML19326D571 (13) | |
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JUN 11 1980 Mr. Gene A. Christianson Acting Administrator North Dakota Department of Health State Capitol Building Bismarck, North Dakota 50501
Dear Mr..Christianson:
This confirms the discussion Mrs. Schneider held with you following our recent review of the North Dakota Department of Health radiation control program for agreement materials. The review covered the principal admini-strative and technical aspects of the Department's program. This included an examination of the program's funding and personnel resources; examination of the emergency response capabilities for agreement materials; and the status of the State's radiation control regulations. There was also a review of selected licensing, inspection and enforcement activities.
In addition, we accompanied a State inspector during the inspection of a State licensee.
As a result of our review of the Department's program and the routine exchange of information between the Nuclear Regulatory Commission (NRC) and the Department, the staff believes that the program for regulation of agreement material is adequate to protect the public health and safety and compatible with NRC's program for the regulation of similar material.
We believe that improvements can be made in the program. The program's staff has reported that, as of May 1980, the number of overdue inspections was 19 and that only 16 inspections had been conducted during the review period.
In 1979, 35 inspections had been performed and only 12 inspections were overdue. The program's staff attributed the backlog increase to difficulties in filling personnel vacancies. We understand there is no funding available at present for one vacant position, the result being a current staffing level of about 0.8 person years per 100 licenses.
We recommend the State consider actions which can be taken to fill the vacant position as soon as possible, and what actions can be taken to reduce the number of overdue inspections for the highest priority licenses.
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Mr. Gene A. Christianson During the review, Mrs. Schneider discussed your view that
' NRC should supplement the cost of the radiological health program.
I must confirm our statement to you that there is no authority under the Atomic Energy Act to provide funds to the Agreement States to operate their programs.
However,11 Agreement States are charging fees for most of their licensees.
Rhode Island's fee schedule is identical to that of NRC's. NRC charges fees in 24 States in which we retain jurisdiction.
Thus, in 35 of the 50 States, fees are charged against licensees. We recommend the State consi-der adopting a similar fee program. At the request of the General Account-ing Office, we have developed model State legislation for fees, and a copy is enclosed.
We discussed the State's procedures for handling escalated enforcement and understand that written procedures do not exist. We recommend that written procedures be established for handling escalated enforcement actions (orders, impoundments, revocation, hearings, etc.) and distributed to the appropriate members of the staff. Elements of suggested escalated Enforcement Action Procedures were sent to All Agreement States on January 14, 1980.
We noted that three recommendations made following last year's review had not been implemented. Discussions with the staff indicated that there was a breakdown in communications which contributed to this, and that our recommendations will be promptly implemented.
A letter to Mr. Mount regarding the technical aspects of the program is enclosed for your information.
I am also enclosing a second copy of each letter which should be placed in the State Public Document Room, or other-wise be made available for public inspection.
I appreciate the courtesy and cooperation extended to Mrs. Schneider during the meeting with your staff.
I would appreciate your review of these sug-gestions and would like to receive your comments on them.
Sincerely, A
b Robert G. Ryan, Director Office of State Programs
Enclosures:
As stated cc:
(w/encls.)
NRC Public Document Room State Public Document Room (w/o encls.)
D. Mount
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RADIATION USER FEES - DRAFT MODEL STATE ACT In September, 1959, the Congress enacted what is commonly referred to.as the " Agreement State Amendment" (Public La'w 86-373) to the Atomic Energy Act of 1954. The purpose of this law is to provide for the i
l gradual assumption by the states of certain federal authorities in the I
field of radiation hazards.
While the federal government exercised virtually exclusive jurisdiction over atomic energy matters following World War II, the states, in the exercise of their responsibility for the protection of the public health and safety, began developing regulatory programs affecting certain sources of ionizing radiation. Presently, the states have the responsibility to regulate health and safety hazards associated with X-ray machines, radioisotopes produced in particle accelerators and naturally occurring radioactive materials not subject to regulation by the United States Nuclest Regulatory Commission such as polonium and I
radium, and other radioactive ores prior to their removal from their place of deposit in nature. The importance of state activity is evidenced by the fact that even without an enlargement of state jurisdiction, the average individual will receive, from sources subject l
h to state control, much the greater part of his total radiation exposure from artificial sources.
On October 11, 1974, the Energy Reorganization Act of 1974 was signed into law. This Act, which became effective January 19, 1975, abolished the Atomic Energy Commission and transferred that Commission's licensing and related regulatory functions to the newly established
2-Nuclear Regulatory Commission which began official operation on January 19, 1975.
Congress, recognizing the increasing activity and concern of the states in the regulating of sources of ionizing radiation, provided in Public Law 86-373 a means by which the states could assume certain The act authorizes the discontinuance of federal regulatory powers.
regulatory authority and the assumption thereof by a state with respect to one or more of the following:
(1) byproduct materials; ~ (2) source materials; and (3) special nuclear materials in quantities not suf ficient At the present time, the federal government to form a critical mass.
(1)' the construction and operation retains jurisdiction with respect to:
of any production or utilization facility; (2) waste disposal at sea; (3) the transf er of possession and control of manufactured items; (4) waste disposal on land if the Commission deems licensing necessary; (5) disposal of high level wastes; and (6) export from or import into the United States of source, byproduct, special nuclear material or any production or utilization facility.
Other sections provide for federal-state cooperation in the develop-ment of radiation standards; for NRC-state agreements for the performance ano s.- tac of inspections or other functions on a cooperative basie, Jeal Commission to provide trair.ing and other assistance to r.t.tte ar governments as the Commission deems appropriate.
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The vehicle for accomplishing the jurirdictional transfer is an In order to agreement between the NRC and the Governor of the state.
enter into such an agreement, Public Law 86-373 requires that the NRC find that the state regulatory program is compatible with that of the federal government and adequate to protect the public health and The two basic elements of an effective state program are (1) safety.
a series of rules and regulations insuring the public health and safety and (2) an effective administrative _ structure for the promulgation The details of this and enforcement of such rules and regulations.
program are specifically set forth in criteria deveing,ed by the NRC in cooperation with tate officials and interested private groups.
the Committee on Suggested State Legislation proposed For its part, in the Program of Suggested State Legislation for 1957 that states This proposal, with provide for coordination of atomic development.
some amendments, was carried again in Suggested State Legislation--
Program for 1959. The latter program also contained proposals, in,some instances accompanied by draft bills, with respect to radiation protection, shoe-fitting X-rays or fluoroscopes, workmen's compensation laws and
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radiatioa coverage, and public liability of state and local licensees for atomic incidents.
A suppler.ent to the Program for 1959 end the Program for 1960 included an an.A> is of state workmen's compensation
!, si ms laws and their coverage of workers c.; sed to radiation hat..
with suggested legislation to assist states in revising their laws to provide adequate protection.
In its Program for 1961, the Committee provided a suggested State Radiation Control Act.
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'The suggested State Radiation Control Act contains a number of alternative admind.scrative arrangements, one of which should meet the In needs, legal requirements and organizational pattern of any state.
adoition, it provides authority for the Governor to enter into an agreement with the' federal government permitting the state to assume regulatory authority presently exercised by the NRC. Other provisions include legislative authorization for progr,ams of licensing, inspection It should be added that the regulatory authority and record keeping.
of the act is not limited to " Agreement materials" but extends to all sources of ionizing radiation. Thus, the model Act includes those sources presently under state jurisdiction as well as those over which, in the future, the federal government migh"t desire to discontinue ite regulatory responsibility.
In 1962, Kentucky became the first state to sign an agreement with the NRC. Twenty-five states have entered into agreements with the NRC under tht provisions of Public Law 86-373. Enabling legislation has
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been adopted by all but 6 states.
In the ensuing years, concern has been expressed over assuring adequate funding of radiation control programs and to recover some In 1968, the former AEC portion of the costs from radiation users.
promulgated regulations, subsequently amended, but still in effect, establishing fees to be charged for licensing services by the ** C as authorized under Title V of the Independent Offices Appropriation Act of 1952 (65 Stat. 290; 31 U.S.C. 483a) and provisions regarding their O
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j Six agreement states have established fees to be charged to payment.
Ia 1976, persons for licensing or registration of radiation sources.
following an audit by the General Accounting Office (GAO) of the NRC agreement state program, GAO recommended NRC develop model legislation to assist states in establishing systems for collecting license fees.
l Tunds collected through fees charged to licensees and registrants the costs of a regulatory program for can off-set, in part, radiation users which would otherwise be financed out of general tax In agreement states, a fee system helps assure continuation revenues.
of adequate funding of the existing radiation control program; in other states, establishment of a fee system can' provide a fiscal basis for orderly assumption by the state of its responsibilities in radiation protection.
so by Existing state legislation which authorizes fees do amendments to general state business laws or to the State Radiation The suggested Radiation User Fee Act has been drafted as Control Act.
_, a new act.
The The act authorizes the establishment of a schedule of fees.
basis of the schedule is to obtain sufficient funds to reimburse the state for partial cost of registration, licensing, inspection and The act environmental surveillance of registered and licensed users.
the fee charged does not exceed the estimated costs of provides that the radiation protection services. An exemption for state agencies is authorized and authority is established for exempting other persons from fee requirements.
Suggested Legislation (Title, enacting clause, etc.)
/Short Title.7 This act may be cited as the 1 State _7 1
Section 1.
2 Radiation User Fee Act.
1 Section 2.
/ Definitions.7 As used in this act:
2 (a) Byproduct material means any radioactive material (except 3
special nuclear material) yielded in or made radioactive by exposure 4
to the radiation incident to the process of producing or utilizing j
i, 6
(b) Ionizing radiation means gamma rays and I-rays; alpha and 7
beta particles, high-speed electrons, neutrons, protons, and other i
8 nuclear particles; but not sound er radio waves, or visible.
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infrared, or ultraviolet light.
10 (c) License -- General and Specific 11 (1) General license means a license issued to a person effectivepursuanttoregulationspromulgatedbythef[genciesor 12 13 citeappropriateagenc5I underthef5tateRadiationControlAc[I 14 without the filing of an application to transfer, acquire, own, 15 possess or use quantities of, or devices or equipment utilizing by-1The phrase " agencies or cita appropriate agency" appears in brackets throughout this act.
The term is generally intended to include the Department of 'dealth, the Department of Labor or any state agency having statutory authority for control of radiation hazards.
Cite state act giving the affected agencies of the state the authority to promulgate rules and regulations for the registration of radiation machines and issuance of licenses for radioactive material.
. product, source, special nuclear materials, or other radioactive 16 17 material occurring naturally or produced artificially.
18 (2) Specific license means a license, issued to a person after application, to use, manufacture, produce, transfer, receive.
19 acquire, own, or possess quantities of, or devices or equipment 20 21 utilizing byproduct, source, special nuclear materials, or other radioactive material occurring naturally or produced artificially.
22 23 (d) Person means any individual, corporation, partnership, 24 firm, association, trust, estate, public or private institution,
' group, agency, political subdivision of this state, any other state 25 or political subdivision or agency thereof, and any legal successor, 26 representative, agent, or agency of the foregoing, other than the 27 United States Nuclear Regulatory Commission, or any successor thereto, 28 and other than federal government agencies licensed by the United 29 30 States Nuclear Regulatory Commission, or any successor thereto.
31 (e) Radioactive material means any material (solid, liquid or ti 32 gas) which emits radiation spontaneously.
33 (f) Source eaterials means (1) uranium, thorium, or any other 34 material which the Governor declares by order to be source material 35 af ter the United States Nuclear Regulatory Commission, or any 36 successor thereto, has determined the material to be such; or (2) 37 ores containing one or more of the foregoing materials, in such 38 concentration as the Governor declares by order to be source material 39 after the. United States Nuclear Regulatory Commission, or any 40 successor thereto, has determined the material in such concentration
41 to be source material.
42 (g) Special nuclear material _means (1) plutonium, uranium 233, 43
' uranium enriched in the isotope 233 or in the isotope 235, and any 44 other material which the Governor declares by order to be special nuclear material after the United States Nuclear Regulatory Commision, 45 or any successor thereto, has determined the material to be such, but 46 include source material; or (2) any material artificially 47 does not enriched by any of the foregoing, but does not include source material.
48 49 (h) Registrationmeansregistratior,withthe][genciesorcite l
appropriateagency[inaccordancewithregulationsadoptedpursuantto 50 the/JeateRadiationControlAcI[.
51 52 (i) Radiation machine means any device capable of producing 53 radiation except those which produce radiation only from radioactive 1
54 materials.
55 (j) /Jdditionaldefinitionsmaybeincluded.I 1
Section 3_.
/ Radiation User Feet.[
2 (a) ThefJgenciesorciteappropriateagenciIshallprescribe 3
and collect such fee, charge or price as may be established by rule 4
or regulation from any person for radiation protection services providedbythe!JgenciesorciteappropriateagencEIunderthe/Jeate 5
6 Radiation Control Act7.
7 (b) Radiation protection services for which fees, charges or prices may be established include (1) registration of radiation 8
machines,(2)issuanceofspecificlicensesbythe][genciesorcite 9
appropriate agenc5[ for radioactive materials, (3) inspections of 10 2
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registrants or licensees as authorized by the / tate Radiation 11 ControlAcIIand(4)environmentalsurveillanceactivitiesconducted 12
'bythefj'genciesorciteappropriateagenciItoassesstheradio-13
- nvironment of activities conducted by specific 14 logical impact upon the licenseesofthefj'genciesorciteappropriateagenc57.
15 Thefj'genciesorciteappropriateageinc57indetermining 16 (c) rates of such charges shall, as an objective, obtain sufficient funds 17 therefrom to reimburse the state for partial costs of the 18 radiation protection services specified in paragraph (b) of this 19 20 section. The charges shall be related, in part, to the actual costs incurred in administering the radiation protection 21 In so doing, 22 services specified in paragraph (b) of this section.
thefj'genciesorciteappropriateagenc57shalltakeintoaccount 23 any special arrangements between the state and a registrant or 24 licansee, or another state, or a federal agency whereby the cost of 25 26 the service is otherwise recovered-1 Section 4.
/ Exemptions 7 Fees for registration of radiation machines and for specific (a)
~~2 licenses for radioactive material shall not be required for:
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(1) an agency of the state or any political subdivision 5
thereof, ;;
6 (2) anypersonwhothefj'genciesorciteappropriate agency 7byruleorregulationdeterminesareexempt 7
as authorized by law and such exemption is in the 8
9 public interest.
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10 (b) Any person may file application for exemption under this 11 paragraph for activities including, but not limited to, the use of 12 registered or licensed sources of radiation for educational or non-13 commercial public displays or scientific collections.
1 Section 6.
/ Enforcement.7 Inanycasewherethe][genciesorciteappropriateagenef[ finds 2
3 a registrant or 1.rensee has failed to pay the applicable fee, the
][genciesorciteappropriateagenc$Imaysuspendorrevokethe 4
5 license or may issue such order as is determined to be appropriate ornecessarytocarryouttheprovisionsofthisActandthe/[ tate 6
7 Radiation Control Act7.
/ Severability.7 /Jnsert severability clause ?
1 Section 7.
s
/ Repeal.7 1 nsert repealer clause.7 5
1 Section 8.
1 Section 9.
/ Effective Date.7 f[nsert effective date.7 E
64
13156 (94th This act is based upon several state statutes, H.R.
V Congress, 2nd Session) a bill to amend the Atomic Energy Act of 1954, and the suggested State Radiation Control Act as set out in the Suggested State Legislation _- Program for 1961_.
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