ML20002D812
| ML20002D812 | |
| Person / Time | |
|---|---|
| Issue date: | 09/22/1980 |
| From: | NRC COMMISSION (OCM) |
| To: | |
| Shared Package | |
| ML19295A140 | List:
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| References | |
| NUDOCS 8101230070 | |
| Download: ML20002D812 (8) | |
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AGREEMENT STATE PROGRAM 4
i This section includes the following information:
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_ (1) Description of Agreement State program l
(2) List of Agreement States s
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September 22, 1980 BACXGROUND STATEMENT ON THE NUCLEAR REGULATORY COMMISSION'S PROGRAM FOR TRANSFER OF REGULATORY AUTHORITY TO STATES The following is a statement of background information on the program of the Nuclear Regulatory Comissioni for the relinquishment to and assumption by the several States of certain of the Comission's regulatory authority over the possession and use of the radioactive materials described herein.
Atomic energy activities prior to 1954 were confined largely to the Federal government. With the enactment of the Atomic Energy Act of 1954, however, it became possible for private enterprises to enter the field and use nuclear materials, and operate nuclear facilities in a manner consistent with our national traditions in other fields of free enterprise.
Because these activities involve the use of radiation, they also present considerations of public health and safety. Congress, therefore, determined that private activities in atomic energy should be regulated under a system of licensing to protect the health and safety of radiation workers and the public against radiation hazards. The NRC is charged by the Congress with this responsibility.
Protection of the public health and safety has traditionally been a responsibility of the several States.
The 1954 Act, however, did not specify what role, if any, was left to the States in regulating safety in the use of atomic materials. Many States became concerned as to what their responsibilities, if any, might be and many of them expressed interest in seeing that the boundaries of Federal and State authority were clearly defined.
In response to the States' concern, Section 274 of the Atomic Energy Act was enacted in 1959, to recognize the States' interest in atomic energy activities, to clarify the respective responsibilities of the States and the AEC under the Act, and to provide a statutory,means by which the AEC could relinquish to the States as part of its regulatory authority, i.e., authority over the use of source material (natural uranium and thorium energy), byproduct material (radioisotopes),$ which are raw materials of atomic and small quantities of fissionable (special nuclear) material. The Comission is required, however to retain regulatory authority over the licensing of nuclear facilities such as reactors, Under provisions of the Energy Reorganization Act of 1974, the regulatory functions formerly carried out by the Atomic Energy Comission are now carried out by NRC effective as of January 19, 1975.
I In 1978, Congress enacted. the Uranium Mill Tailings Radiation Control Act of 1
1978 (UMTRCA) which, among other things, added to the category of byproduct material " tailings or wastes produced by the extraction or concentration of uranium or thorium from any are processed primarily for its source material content."
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. 1 exports and imports of nuclear materials and facilities, and larger quantities of fissionable material. Section 274 was amended in 1978 by the passage of the Uranium Mill Tailings Radiation Control Act of 1978 to require, after November 8,1981, those States which wish to continue regulating uranium and thorium processors and wastes resulting therefrom to adopt certain technical and procedural requirements in the processing of such applications.
It further provided that NRC could reassert authority over a part of an agreement and it requires NRC to periodically review Agreement State programs.
In 1980 Section 274j was amended to provide for the Commission to temporarily suspend all or part of an agreement with a State in the case of an emergency situation, such suspensions to remain in effect only for the duration of the energency.
The mechanism for the transfer of the Codmission's regulatory authority is by an agreement between the Governor of a State and the Commission.
Before entering into an agreoment the Commission is required to make a finding that the State's radiation control program is compatible with tne Commission's, and the State's progr3m is adequate to protect the public health and safety and for uranium mill States after November 8,1981 the States program is in accordance with the requirements of Section 2740.
As of January 1, 1980, 25 States have entered into such agreements and nave taken over the regulatory authority described above.3 The 26 Agreement States aaminister sporoximately 12,100 licenses for radioactive materials under their authority.
It is necessary that a State have enabling legislation authorizing its Governor to enter into such an agreement.
In addition to the 26 States that have agraurents with NRC, eighteen others,4 the District of Columbia and the Conarcqwea!!h of Puerto Rico have enacted such enabling legislation.
The Commission's staff is available to consult with a State which is interested in entering into a regulatory agreement with NRC.
This includes consultation and 8he draf:ing of enabling legislation and radiation control and licensing regulations, as well as other aspects of the State's program. The Commission also provides training assistance in radiation safety and regulatory procedures for personnel in Agreement States and States negotiating for agreements.
3 Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Idaho, Kansas, Kentucky, Louisiana, Maryland, Mississipci, Nebraska, Nevada, New Hamoshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Carolina, Tennessee, Texas and Washington.
4 Alaska, Connecticut, Delaware, Hawaii, Illinois, Indiana, Maine, Michigan, Montana, New Jersey, Ohio, Oklanoma, Pennsylvania, South Dakota, Utah, Vermont, Virginia and Wisconsin.
The question has frequently been raised as to the nature of the advantages that
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accrue to a State by taking over the Commission.'s regulatory authority as described above.
The principal advantages are the following:
(a) NRC's authority does not include regulation.of x-ray machines, accelerator-produced radioactive materials, and radium.3 These sources of radiation are, and always have been, the responsibility of the several States. A number of States new exercise surveillance over these sources of radiation which, in the aggregate, are estimated to represent over 90t of the total number of radiation sources in the United States. Thus, by assuming the authority which the NRC is authorized to relinquish, a State is able to have, as part of its public health system, a complete and comprehensive program for radiation safety.
(b) The proximity of licensed users of radioactive materials to the regulating agency has significant advantages for both the users and the agency.
Moreover, many medical institutions and physicians use radioisotopes as well as x-ray machines and radium. Thus, a State's regulatory system which covers all such radiation sources enables licensees to deal with a single agency rather than with the State for a part and a Federal agency for the remainder.
(c) Enterino into such an agreement with NRC would be consistent with a serious interest of a State in being knowledgeable about all sources of radiation located within its boundaries.
(d) Ennances the core of knowledgeable people at the State level who can respond to inquiries and incidents.
With regard t0 the administrative cost that would be incurred by a State in taking over NRC's autnority, the figures vary rather widely from State to State, depending, a=cng other factors, upon whether the particular State already has a radiation control program covering sources of radiation not regulated by the NRC, i.e., x-ray machines, accelerator-produced radioactive materials and radium.
Where this is the case, the incremental cost would be less than if the State previously had no radiation contr.ol program at all.
As a broad rule of thumb, it has been estimated that 1-1.5 man-year per 100 licenses is required to administer the authority assumed from the NRC.
It is emphasized, however, that this is a rather general index and will vary according to the particular circumstances in any given State.
Further, those States which have major licensed facilities in their State, such as low level waste burial grounds and uranium mills will need additional staff, in the range of 2-3 person years to process each new application and 1 person year for post licensing work fcr each case.
5 NRC does regulate radium to the extent it occurs in uranium or thorium mill tailings, see footnote 2, p.1.
NRC charges most of its licensees license and inspection fees. Whether or not an Agreement State charges fees is a matter of choice for the State. NRC does not provide funding to States for routine program costs, Many Agreement States fund their programs out of general revenues and plan to continue doing so.
Eleven States, however, have authorized collection of user fees as a means of assuring an adequate funding base.
NRC has prepared model State legislation for authorizing a fee system and will assist States in developing fee systems.
Section 274j of the Atomic Energy Act provides that the NRC may terminate its agreement with a State if the Commission finds that such termination is necessary to protect the public health and safety and ma all or part of an agreement in the case of an emergency.y temcorarily suspend Each agreement provides that the State will use its best effort to maintain continuing compatibility with the NRC's program.
For these reasons, the NRC maintains a continuing relationship with each Agreement State to assure continued compatibility of the State's regulatory program and its adequacy to protect health and safety.
This relationship includes: periodic meetings to review the current status of the State's program; accomoaniment of State inspectors by NRC staff on selected ins:ections of State licensees; exchange of information on a current basis covering regulations, licensing, inspection and enforcement data; consultation on special licensing and regulatory problems; and an annual meeting of all Agreement States to consider regulatory matters of common interest or concern.
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B:came an October 1, 1980 4 greece.it State AGREEMENT STATES 4
nn-10/1/66 Alabama 205-832-5992 12/15/69 Georgia 404-894-5795
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Mr. Aubrey Godwin, Director Mr. Wm.(Bill) Fountain, Acting Dir.
Division of Radiological Health Emergency Medical and Radiological / -
Environmental Health Adminis.
Occupational Health Section Room 314, State Office Bailding Department of Human Resources Montgomery, Alabama 36130 47 Trinity Avenue Atlanta, Georgia 30334 5/15/67 Arizona 602-255-4845 10/1/68 Idaho 208-334-4108 Mr. Charles F. Tedford, Director Arizona Radiation Regulatory Mr. Robert Funderburg, Supervisor Agency Radiation Control Section 925 South 52nd Street - Suite 2 Idaho Department of Health Tempe, Arizona 85281 and Welfare 7/1/63 Arkansas 501-661-2301 Statehouse Mr. Frank Wilson, Director Boise, Idaho 83720 Div. of Environ. Health Protection Arkansas Department of Health 1/1/65 Kansas 913-862-9360 Ext-284 tti oc r
isas 72201 Mr raid 1 en, D e or Division of Environment 9/1/62 Cali fornia 916-445-0931 Dept. of Health & Environment License Insp.
Building 740, Forbes Field Topeka, Kansas 6662G Mr. Joe Ward, Chief-916-322-2073 Radiologic Health Section 3/26/62 Kentucky 502-564-3700 Department of Health 714 P Street, Rm. 498 Mr. Donald Hughes, Manager Sacramento, California 95814 Radiation Control Branch
. Bureau for Health Services 2/1/68 Colorado 303-320-8333 Dept. for Human Resources Ext. 6246 275 East Main Street Frankfort, Kentucky 40601 Mr. Albert J. Hazle, Director Radiation & Hazardous Waste Control 5/1/67 Louisiana 504-925-4518 Division FTS-687-0598 Office of Health Protection Department of Public Health Mr. William H. Spell, Administrator 4210 East lith Avenue Nuclear Energy Division Denver, Colorado 80220 Office of Environmental Affairs P.O. Box 14690 7/1/64 Florida 904-487-1004 Baton Rouge, Louisiana 70898 Mr. Ulray C1 ark,' Administrator Radiological Health Program Health Program Office Dept. of Health & Rehabilitative Service 1323 Winewood Blvd.
l Tallahassee, Florida 32301
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1/1/71 Maryland 301-383-2744/2735 10/15/62 New York 518-474-2178 1
Mr. Robert E. Corcoran, Chief Mr. Jay Dunkelberger, Acting Dir.,
Division of Radiation Control Technical Development Programs Dept. of Health and Mental Hygiene New York State Energy Office 201 W. Preston Street Agency Building 2 Baltimore, Maryland 21201 2 Rockefeller Plaza Albany, New York 12223 7/1/62 Mississippi 601-354-6657/6670 8/1/64 North Carolina 919-733-4283 Mr. Eddie S. Fuente Director Division of Radiological Health Mr. Dayne H. Brown, Chief State Board of Health Radiation Protection Section Jackson, Mississippi 39205 Division of Facility Service Box 12200 10/1/66 Nebraska 402-471-2168 Raleigh, North Carolina 27605 Mr. Ellis Simmons, Director 9/l/69 North Dakota 701-224-2374 Division of Radiological Health State Department of Health Mr. Dana Mount, Director 301 Centennial Hall South Div. of Environmental Engineering P.O. Box 95007 Radiological Health Program Lincoln, Nebraska 68509 State Department of Health 1200 Missouri Avenue 7/1/72 Nevada 702-885-4750 Bismarck, North Dakota 58501 John Vaden, Supervisor 7/1/65 Oregon 503 -229-5797 Radiological Health Consumer Health Protection Services Marshall Parrott, D.Sc., Manager Rm. 103 Kinkead Bldg., Capitol Complex Radiation Control Service Carson City, Nevada 89710 Division of Health Dept. of Human Resources 5/16/66 New Hampshire 603-271-4587 1400 South West Fifth Avenue Portland, Oregon 97201 Diane Tefft, Program Manager Radiological Health Program 1/1/80 Rhode Island 401-277-2438 Bureau of Environmental Health Division of Health Services Mr. James E. Hickey, Chief Health & Welfare Bldg., Hazen Drive Div. of Occupational Health Concord, New Hamoshire 03301 and Radiation Control Rhode Island Dept. of Health 5/1/74 New Mexico 505-827-5271 Cannon Building Ext. 279 75 Davis Street Providence, Rhode Island Dr. Ted Wolff, Chief Radiation Protection Section 9/15/69 South Carolina 803-758-5548 Environmental Improvement Div.
P.O. Box 968 Mr. Heyward Shealy, Chief Crown Building Bureau of Radiological Health Santa Fe, New Mexico 87503 State Department of Health and Environmental Control J. Marion Sims Building 2600 Bull Street Columbia, South Carolina 29201
, 9/1/65 Tennessee 615-741-7812 Mr. J. A. Bill Graham, Director Division of Radiological Health Department of Public Health Cordell Hull State Office Building Nashville, Tennessee 37219 3/1/63 Texas 512-458-7341 or 7686 Mr. David K. Lacker, Director Division of Occupational Health and Radiation Control Texas Department of Health 1100 W. 49th Street Austin, Texas 78756 12/31/66 Washington 206-753-3459 Mrs'. Nancy Kirner, Supervisor Radioactive Materials Department of Social and Health Services Mail Stop LD-Il Olympia, Washington 98504 s
REGIONALIZATION
Background
NRC is testing the concept of greater presence in the field by regionalizing some of its functions. Between 1978 and 1980 three regionalization pilot test programs were carried out: State programs (State liaison offices),
materials licensing, and operator licensing. Additional regionalization activities are being considered that would place certain regulatory activities closer to the licensee, the State and local governments, field functions of other Federal agencies, and to the public.
Current Activities State Liaison Officers have been assigned to each Region (5 people)
Public Affairs Officers have been assigned to all Regions (8 people)
The BWR and PWR Technology Training Sections of IE's Career Management Branch have been relocated to the NRC Reactor Training Center in Chattanooga, TN.
(15 people now, maybe more later)
State Programs is planning to place one person each in Regions II and IV to undertake Agreement States Program activities.
(2 people)
NMSS is expanding its materials licensing regionalization. They will continue the Region III activity at a 3-staff member level and expand y
into Region I with a section chief and two reviewers.
(6 people)
ED0 has approved a pilot program for regionalization of the Operator Licensing Program. NRR plans to transfer six staff members to Region III, increasing the scope of activities over that of the 1978 pilot test (6 people)
NRR is examining the concept of regionalizing certain Operating Reactor Licensing functions such as reviewing license amendments. The plan under consideration would place five licensing staff in Region III on' a test basis.
(5 people)
In summary, if all these plans come to fruition, nearly 50 staff will be in the field by the end of 1981 under the regionalization concept.
Future Plans Consideration is being given to regionalizing parts of several other NRC activities over the next 2 or 3 years.
For example:
a)
U-Mill Licensing c)
Regional Counsel (ELD) d)
AE00 (Office for Analysis and Evaluation of Operational Data)
OCT 2 gg MEMORANDUM FOR: Chairman Ahearne FROM:
William J. Dircks Executive Director for Operations
SUBJECT:
NRC REGIONALIZATION EFFORTS This is a follow-up on my earlier conversations with the.Comission regarding our efforts to test out the concept of running certain programs out of Regional Offices. At present, we have the following activities being carried out or tested at various RegionaT Offices: public affairs, State liaison, NMSS materials licensing, and IE's Reactor Technology training activities. Recently I took steps to implement the concept further by approving the following additional pilot programs: (see enclosures)
- Reactor Operator Licensing in Region III
- State Agreements work in Regions II and IV
- Materials Licensing expanded in Region III and extended into Region I.
Additional implementation steps are being considered, and I will keep you fully informed of them when they occur.
(si@S1"I'tm. J. D:r:S William J. Dircks Executive Director for Operations Enclosures Memo to Denton fm Dircks dtd 9/23/80 Memo to WKerr fn Dircks dtd 9/23/80 Memo to Davis fm Dircks dtd 10/2/80 bcc:
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CC: Comissioner Gilinsky EDO R/F NHaller/MPA Co.missioner Hendrie WJDircks/ED0 Comissioner Bradford EXCornell/ DEDO SECY Retyped in OEDO. ehm/0ED0See previous yellow for concurrences TAR OPE OGC
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Harol d R. Denton, Di rector, I;RR FRO.'1:
11111iam J. Dircks, Actins' Executive Director for Operaticns
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REGI0isALIEATI0ii 0F C.:EFATOR LICEi;SII;G PROGRAM I have reviewed and considared the pilot program that you proposed in.your September S memorandum for regionali:ation of Operator Licensing Branch functicns.
I am approving the proposed progra i with certain conditions.
Pietse send me a copy of the final implementation schedule and F.emorandum of Understanding between !!RR and IE.
In additi:n, the six-:: nth and one-year pes-gran evaluation reports, cited on page 6 of Encl:sure 3 of your memo, should be provided to me wi-h copies to the Directors of I;RR and IE.
I note in y:ur paper that the Operating License Branch (OLB) oversight role is consis tent.with initial phases of the reg?:nalization concept, i.e., while the Regions are still under IE the Region 'III OL5 section veill report to Headquarters, OLB.
In the longer run, of course, when the Regions transition to the mode of reperting directly to the EDO, the Regional Director will be responsible for the conduct of all regionalized functions, wi t'1 guidance being provided by Headquarters.
Given this ulticate arrangement, it is it;ortant that regional integrity be t aintained in the pilot program whereby pe0 pie assicned to a region do that regicn's work only.
While I am awaiting receipt of your proposal concerning regionalization of cpera-ting reacter licensing functions, you may proceed with the appropriate actions to it;lement the cperator licensing pilot pregram, coordinating with ACM as needed.
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William J. Circks Acting Executive Director for 00erations cc:
V. 5 ello, IE
. ::noghue, 'D:i it. Haller, MPA J. Keppler, Region III 1
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]D *]D W VM' o odu w Juj l klf h 110:0RAflDilM TOR: G.1-!aync Kerr. Acting Director Office of State Programs FROM:
llilliam J. Dirck's, Executive Director for Operations SUP, JECT:
REGI0l!Al.1ZAT10ft OF STATC AGREEMEtliS l'ROGl'AM I approve your plan for inoving State Agreements professionnis
'~ Region 11 and Rcilion IV.
Please take the necessary ficplementing actions.
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2 11illiam J. DircLs Executive Directrar for Operations cc:
V. Stello, ll.E J. O'Reilly, Region 11 K. Seyfrit, Region IV D. Denoghue, ADM ft. llaller, i:PA Enclosu e 2 i
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SUBJECT:
STATE PROGRAFS' PLAN FOR PILOT PROGRAM IN REGIONS II AND IV
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Place one professional in Region II with a target date of January 1, 1981.
Place one professional in Region IV by 2
June 30, 1981.
3.
If the above results in satisfactory experience, additional persennel will be placed in Regions II and IV and in other regions consistent with workload distribution and availability of staff.
The following points should be noted in connection with these assignments:
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Personnel assigned to the Regions will report to the Assistant Director for State Agreements, OSP for all work assignments, technical and policy direction, and performance cf duties.
At such time as a decision is made on full regional offices with broad functional responsibilities this reporting relationship will be modified.
2.
These positions are within the currently approved budget for the State Agreements Program for FY 1981.
OSP plans to transfer existing trained personnel to the regional positions, censistent with persennel considerations.
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3.
Since one person in each region cannot conduct
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all activities necessary in that region, OSP:Eq staff will continue to perform work in the affected regions as necessary.
However, the regional staff will perform duties in one or more of the following areas as assigned by OSP:Hg:
a) on-site reviews of State radiation control programs, b) preliminary negotiations with potential Agreement States, c) hand' ling technical and regulatory inquiries, and d) on the job training of State personnel.
4.
Regional offices will provide administrative support to the CSP staff as follows:
a) clerical support, b) office space, equipment and
- supplies, c) preparing and certifying time and attendance reports.
d) precessing travel requests and travel vouchers but travel funds will come from OSP's budget, and e) approving leave for the OSP staff.
The next s tep in implementing this plan is to request O&P to inform 'the Union so that discussiens can be held with the staff.
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s OCT 2 q MEMORANDUM FORI John 'G. Davis, Director, NMSS FROM:
William J. Dircks, Executive Director for Operations
SUBJECT:
REGIONALIZATION OF MATERIALS LICENSING PROGRAM '
I have reviewed your Final Report on the Pilot Regionalization Licensing Program that concludes better service to applicants and licensees can be pro-vided by a regionalized materials licensing program. Accordingly, I approve the general concept of expanding the program in Region III and extending the program to Region I during FY 81.
As the next step, you should develop a brief plan covering the specific actions needed to implement the concept and the timing of such actions. You should.also work out a memorandum of understanding (MOU) with IE that specifically addresses reporting relationships and administrative support.
Please send me your plan and MOV by October 31.
I note in your report that the Regional Licensing Section in Region III reports to Headquarters, NMSS.
In the longer run, of course, when the Regions transition to the mode of reporting directly to the EDO, the Regional Directors will be responsible far all regionalized functions, with Headquarters providing guidance. '
A Willia. J. Dircks Executive Director for Operations cc:
- 0. Donoghue, ADMIN Region I Region III D u PE ' 8$12 LTW3d4