ML19340B185

Responds to Requesting Partial Funding for State of Ny Radiological Health Program.Authority Does Not Exist Under Atomic Energy Act to Provide Operating Funds to States.Model State Legislation for Fees Encl

ML19340B185
Person / Time
Issue date:	10/01/1980
From:	Kerr G NRC OFFICE OF STATE PROGRAMS (OSP)
To:	Ross P NEW YORK, STATE OF
Shared Package
ML19340B186	List: ML19340B185 ML19340B194
References
NUDOCS 8010210632
Download: ML19340B185 (12)

Text

r UNITED STATES j'y

[g NUCLEAR REGULATORY COMMISSION

'.y WASHINGTON. D. C. 20555 0

OCT 1 1980 Ref: SA/ LAB g

5 Honorable Philip Ross IndustriafCommissioner New York State Department of Labor 2 World Trade Center New York, New York 10047

Dear Mr. Ross:

This is in reference to your letter of May 8,1980 and I apologize foi the delay in responding. As you know authority does not exist under the Atomic Energy Act to provide operating funds to the States. We cannot find any such authority existing elsewhere.

A present eleven of the 26 Agreement States including the New York City

.calth Department have established fee schedules. These fees contribute to health and safety by allowing the purchase of essential equipment and the maintenance of adequate staffing levels. The NRC charges fees in the 24 States in which we retain jurisdiction. Thus, licensees in 35 of the 50 Statec are required to pay a fee.

We encourage establishment of fees as a viable mechanism for funding at least a part o' the Department's Radiation Control Program.

Enclosed is a copy of the model State legislation for fees. We will be pleased to meet with State Officials and legislators in testimony or informally to discuss this matter.

Sincerely, l

u

/

G. Wayne Kerr, Acting Director Office of State Programs

Enclosures:

As stated cc: Jay Dunkelberger F. Bradley NRC Public Document Room )

w/ letter of May 8,1980 State Public Document Room)

Id yea -

// '

o 802022o 6 3 1 S TPc 6 E S T iv y

L Yd i RADIATION USER FEES - DRAFT MODEL STATE ACT i 4

(

tia.

s :V.

c.

In September, 1959, the Congress enacted what is commonly referred d

to.as the "Agr.icnent State Amendment" (Public Law 86-373) to the Atomic h-N

Energy Act of 1954. The purpose of this law is to provide for the o'<y gradual assemgtion by the states ef.cer_tain federal authoritics in the field of radiation hazards.

h While the federal government exercised virtually exclusive lW;.

$?..

jurisdiction over atomic energy matters following k'orld War II, the

'et I.

states, in the exercise of their responsibility for the protection of I.

the public health and safety, began developing regulatory programs f

affecting certain sources of ionizir3 radiation.

Presently, the states Y

e; -

have the responsibility to regulate health and safety hazards associated

$U v:

ouer with X-ray machines, radioisotopes produced in particle accelerators and q.,

i~

l' naturally occurring radioactive materials not subject to regulation by r

the United Sta'-

Nuclear Regulatory Commission such as polonium and radium, and other radioactive ores prior to their removal from their h.

\\?

place of deposit in nature.

The importance of state activity is NEZr

.g.

evidenced by the fact that even without an enlargement of state e

jurisdiction, the average individual will receive, from sources subject s;,.

to state control, much the greater part of his total radiation exposure J.;;.-

r:

from artificial sources.

w.~. -

[.. ".

3 r.

7:' '

ia l

On October 11, 1974, the Energy Reorganization Act of 1974 was

h[.:

Ig '.

j signed into law.

This Act, which became effective January 19, 1975,

[^3-abolished thcIAtomic Energy Commission-and transferred that Commission's h";

licensing and related regulatory functions to the newly established

{ !n vm---

id N-M $ b b / b M $ N dhIi d s E S E % G 2 G 4 C X J :.4

.. N

=

hy Nuclear Regulatory Commi.sion which begin official operation on January 19, 1975.

E-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 regulatory powers. The act authorizes the discontinuance of federal f: '

w n.,'

regulatory authcrity and the assumption thereof by a state with respect

@c.

s -..

to one or more of the following:

(1) byproduct materials; (2) source

. p-materials; and (3) special nuclear materials in quantities not sufficient F

to form a critical mass. At the present time,-the federal government retains jurisdiction with respect to:

(1) the construction and operation v

r w.

k.

of any production or utilization facility; (2) waste disposal at sea; pW I'

(3) the transfer of possession and control of manufactured items; (4) waste disposal on land if the Coc: mission deems licensing necessary; (5) disposal of high level wastes; and (6) export from or import into h

h; the United States of source, byproduct, special nuclear material or any 3

production or utilization facility.

ye

.-l ~.-

Other sections provide for federal-state cooperation in the develop-ment of radiation standards; for NRC-state agreements for the performance j

N of inspections or other functions on a cooperative b%ie, ann 6. :c.c

.ti:.:

m Coc: mission to provide trair.ing and other assistance to r.t.ite ar

.; cal g',c,,

J c.,

governments as the Commission deems appropriate.

g,w',

. y p,

h mp P

l xA

=

V.

, ?

[g The vehicle for accomplishing the jurisdictional' transfer is an

<e

. sgreement between the NRC and the Governor of the state.

In order to m

enter into such an agreement, Public Law 86-373 requires that the NRC I i

t$

find that the state regulatory program is' compatible with that of the

!g 61 federal government and adequate to'p'rotect the public health and safety. The two basic elements of an effective statt. program are (1) a series of. rules and regulations insuring the public health and h

.w safety and (2) an effective administrative, structure for the promulgation h

i s

and enforcement of such rules and regulations.

The details of this program are specifically set forth in criteria developed by the NRC in cooperation with state officials and interested private groups.

M; For its part, the Committee on Suggested State Legislation proposed

?

P in the Program of Suggested State Legislation for 1957 that states W

provide for coordination of atomic development. This proposal, with some amendments, was carried again in Suggested State Legislation--

u.

Program for 1959.

The latter program also contained proposals, in some g

av instances accompanied by draf t bills, with respect to radiation protection,

- shoe-fitting X-rays or fluoroscopes, workmen's compensation laws and

. p{.

radiation coverage, and public liability of state and local licensees for.stomic incidents.

A supplement to the Program for 1959 4.nd the

[m.

Program for 1960 included an au g is of state workmen's co=pensation

^

Lp

- laws and their coverage of workers c. ; sed to radiation !.az..

21,g g

with suggested legislation to assist states in revising their laws to 3,

provide adequate protection.

In its Program for 1961, the Committee provided a suggested State Radiation Control Act.

h

. 1 WMEK pe "W]"

W e-ii.,

N M

(($5$f$$h.$An:e0. 4.4 Is

• ^

Th2 suggested State Radiation Control Act contains a nu=ber of

• k-l' $

alternative administrative arrangements, one of which should meet the

- 4

,needs, legal requirements and organizatioral pattern uf any state.

In addition,iit provides authority for the Governor to enter into an y,g agreement-with the' federal government. permitting the s+. ate to assume regulatory aufhority presently exercised by the NRC. Other provisions includ-legislative authorization for programs of licensing, inspection h

and record keeping.

It should be added that the regulatory authority C'

t y of the act-is not limited to " Agreement materials" but extends'to all lp

. sources of ionizing radiation. Thus, the model Act includes those sources presently under state jurisdiction as well as those over which, 3

in the future, the federal government might desire to discontinue its i

t r<

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 i

under the provisions of Public Law 86-373.

Enabling legislation has

{

Ta':

been adopted by all but 6 states.

W In the ensuing years, concern has been' expressed over assuring

. N~

adequate funding of radiation control programs and to recover some portion of the costs from radiation users.

In 1968 the former AEC h._

s.

promulgated regulations, subsequently amended, but still in effect,

3' V.~?

M'

~

establishing f ees to be charged for licensing services by_ the e. as

W

. authorized'under Title V of the Independent Offices Appropriation Act

[

n.

of 1952 (65' Stat. 290; 31 U.S.C. 483a) and provisions regarding their h

- w@

we m

=:.'..-..:.-':--.------'-

S f *

- h.

I payment. Six agreement states have established fees to be charged to

.j persons for licencing or registration of radiation sources.

In 1976,

' yf-following an audit by the General Accounting Office (GAO) of the NRC fh K-agreement state program, GAO recommended NRC develop codel legislation M

I to assist. states in establishing systems for collecting license fees.

ln i

Funds collected through fees charged to licensees and, registrants

{

6 can off-set, it. part, the costs of a regulatory program for I

radiation users which would otherwise be financed out of general tax par-t revenues.

In agreement states, a fee system helps assure continuation of adequate. funding of the existing radiation control program; in other i

states, establishment of a fee system can' provide a fiscal basis for l

orderly assumption by thw state of its responsibilities in radiation

. peew I

.L protection.

Existing state icgislation which authotizes fees do so by

,>t;,

amendments to general state business laws or to the State Radiation Control Act.

The suggested Radiation User Fee Act has been drafted as

,E W

a new act.

rp The act authorizes the establishment of a schedule of fees. The

?

basis of the schedule is to obtain sufficient funds to reimburse the

-.,c

~

. state for partial cost of registration, licensing, inspection and

[ r/v e

b '.' -

environmental surveillance of registered and licensed users. The act ir..*F te-

~-

provides that the fee charged does not. exceed the estimated costs of g<,

the radiation-protection services. An exemption for state agencies is 4

~

' e authorized and authority is established for exempting other persons k

n from fee requirements.

F e

a.

e e

,, 4 pe i

a This.act is based upon'several state statutes, H.R. 13156 (94th

.D>

t Congress, 2nd Session) a bill to amend the Atomic Energy Act of 1954, g...

and the suggested State Radiation Control Act as set out in the

.p:.,,

g h7:

Suggested State Legislation - Program for 1961.

= = = -

' - - +

,t ons eW

. c F.-

r 5

j gt er.

F(. '

M 67 O

i

• i g...

W,.

.s A

a..

, ', ~ ~ -

=

st -

e,.;,TI

~

5C.

eg.

. - 1

,~

j I

d**-

7 1

K-.....'.,-..

.I k

hIh5'c[id Sh','hhhJ[E1fE.* f 'e

6 Sugg stcd L;gislation

\\

.v,,,aTitle.-enacting clause, etc.)

tj

' J, i

/Ihort Titic.7 This act may be cited as the f,5 tat,e_7

- w-1 Section 1.

1 2

Radiation User Fee Act.

P

, r.y

pm 1

Section 2.

definitions.7 As used in this act:

~

j

~

0 (a) Byproduct material means any radioactive material-(except i

3 special nuclear material) yic1ded in or made radioactive by' exposure

{

4 to the radiation incident to the process of producing or utilizing l

P,T 5

special nuclear material.

i,' F l

6 (b)

Ionizing radiation means gat =na rays and X-rays; alpha and i

7 beta particles, high-speed electrons, neutrons, protons, and other

. ;l.

l 8

nuclear particles; but not sound or radio waves, or visible, j[,kb 9

infrared, or ultraviolet light.

b e+3 umm g:, Q.; O (c) License -- Genatal and Specific v.

l 11 (1) General license means a license issued to a person 12 ef fective purst ant to regulations promulgated by the /_ agencies or 1

2

{

13 cite appropriate agener7 under the /5 tate Radiation Control Act7

-C

\\

14 without the filing of an application to transfer, acquire, own, r'- --

W 15 possess or use quantities of, or devices or equipment utilizing by-v.

. w..

1 The phrase " agencies or cite appropriate agency" appears in j

brackets throughout this act.

The term is generally intended to ryf -

include the Department of licalth, the Department of Labor or any iQy state agency having statutory authority for control of radiation fr.-

hazards.

I?. '-

v.3.,-

Cite state act giving the affected agencies of the state the ft authority to promulgate rules and regulations for che registration b';

of radiation machines and issuance'of licenses for radioactive y

material.

M s

~~

-o-ir-k.

o

.6 product, source, special nucicar materials, or other radioactive b~

17 material occurring naturally or produced artificially.

18 (2) Specific license means a license, issued to a person

']

19 after application, to ese, manufacture, produce, transfer, receive, 20 acquire, own, or possess quantities of, or devices or equipment

,}

21 utilizing byproduct, source, special nuclear materials, or other

'L._

22 radioactive material occurring naturally or produced artificially, p..,

f'c ; '

23 (d)

Person means any individual, corporation, partnership, r

24 firm, association, trust, estate, public or private institution, 25

' group, agency, political subdivision of this state, any other state

' 26 or political subdivision or agency thereof, and any legal successor, k

k-

??

representative, agent, or agency of the foregoing, other than the

- Fe -

F :

8 United States Nuclear Regulatory Commission, or any successor thereto, F

3 29 and other than federal government agencies licensed by the United 30 States Nuclear Regulatory Cocmission, or any successor thereto.

31 (e) _ Radioactive material means any material (solid, liquid or 32 gas) which emits radiation spontaneously.

'33 (f)

Source materials means (1) uranium, thorium, or any other P"t

34 material which the Governor declares by order to be source material

],

35 af ter the United States Nucicar Regulatory Commission, or any

,{

a? -

36 successor thereto, has determined the material to be such; or (2)

'g;L;

. f. -

37 ores containing one or more of the foregoing materials, in such c

(.

38 concentration as the Governor declares by order to be source material 39 after the United States Nucicar Regulatory Commission, or any

k. ~

EiiiE.

40 successor thereto, has determined the material in such concentration p

he, b

.$N

.h

to be source material.

42 (g)

Special nucicar material means (1) plutonium, uranium 233, L, - -

(LL----

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 45 nuclear matqrial af ter the United States Nuclear Regulatory Co==ision, 46 or any successor thereto, has determined.the material to be such, but 3'

• n 47 does not include source material; or (2) any material artificially 48 enriched by any of the foregoing, but does not include source material.

[

'p.

49 (h) Registration means registration with the Ogencies or cite

,'t i

l 50 appropriate agency _7 in accordance with regulations adopted pursuant to ji t

51 the / State Radiation Control Act/.

}'

52 (i) Radiation machine means any device capable of producing 53 radiation except those which produce radiation only from radioactive pY 4

materials.

55 (j) [Additionaldefinitionsmaybe:.ncluded.7

~

l 1

Section 3.

/ Radiation User Fees 7 h..,

ev a?.'..

2 (a) The /, agencies or cite appropriate agencv/ shall prescribe 3

and collect such fee, charge or price as may be established 'oy rule h.

4 or regulation from any person for radiation precection services

%) c 5

provided by the Ogencies or cite appropriate agency _7 under the / State 6

Radiation Control Act7,.

.]

(b)

Radiation protection services for which fees, charges or

{'\\

8 prices may be established include (1) registration of radiation Cso-9 machines, (2) issuance of specific licenses by the O gencies or cite hmm 10 appropriate agency _7 for radioactive iraterials, (3) inspections of

. k :_

W-v 4

e

-4 L.

\\ b.1 registrants or licensees as authorized by the /_5 tate Radiation 12 Control Acd and (4) environmental surveillance activities conducted

^{

13 bythe/,agenciesorciteappropriateagency_7toassesstheradio-g[,

f 14 logical impact upon the :nvironment of activities conducted by specific

p 15 licenseesofthe/_agenciescrciceappropriateagencyJ.

16 (c) The Sgencies or cite appropriate agency _7 in determining 17 rates of such charges shall,'as an obj,ective, obtain sufficient funds f,

18 therefrom to reimburse the state for partial costs of the lk

P 19 radiation protection services specified in paragraph (b) of this 20 section. The charges shall be. related, in part, to the 21 actual costs incurred in administering the radiation protection y

k..

22 services specified in paragraph (b) of this section.

In so doing, pp

, 7 2.'

the /_5 cncies or cite appropriate agency,7 shall' take into account F

6 24 any special strangements between the state and a registrant or 25 licensee, or another state, or a federal agency whereby the cost of

• l 26 the service is otherwise recovered.

f:-

1 Section 4.

/ Exemptions 7 t

(a)

Fees for registration of radiation machines and for specific

' Y

-~2 3

licenses for radioactive material shall not be required for:

~-

4 (1) an agency of the state or any political subdivision I r-5 thereof, or

• F

. i:7.,

-6 (2) any person who the O gencies or cite appropriate

• $*(

7 agency _7 by rule or regulation determines are exempt

[{.3 A.

8 as authorized by law and such exemption is in the

.m.

9 public interest.

Lis.,

m e.

n mm m-ema

%WW$%2h$$NM$ckhsOkkui$

. :. ~,

~

O (b) Any person cay file appliention for exemption under this

,5 11 paragraph for activities including, but not limited to, the use of t

• ,g-12 registered or licensed sources of radiation for educational or non-

[q',

V.-

13 cocunercial public displays or scientific co11cetions.

' y~.

p r I

_Section 6.

_/ Enforcement./

2 In any case where the fagencies or cite appropriate agencyj finds 3

a registrant or licensee has failed to.paf the applicable fee, the BM+s 4

fagencies or cite appropriate agency _7 may suspend or revoke the I V 5

license or may issue such order as is determined to be appropriate 6

or necessary to carry out the provisions of this Act and the / State 7

RadiationControlAct7.

,{..

1 Section 7.

/ Severability./ / Insert severability clause.7

.C..

W Section 8.

/ Repeal./ / Insert repealer clause.7 1

Section 9.

/ Effective Date.7 [ Insert effective date.7

'g=

3

.=e l

• w p.

t ^

e

. V* en s pp. <.

r

. 6 m'

, MA.

Pr -

w kW r:

MOYEliis&AssiidM41WE!EfdhiCAW5hn+.5G3!.YiE5fsnisM.f.

$WL*

1