ML20045G143
| ML20045G143 | |
| Person / Time | |
|---|---|
| Issue date: | 04/05/1991 |
| From: | Kammerer C NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA) |
| To: | Donovan R IDAHO, STATE OF |
| Shared Package | |
| ML20042C965 | List: |
| References | |
| NUDOCS 9307120156 | |
| Download: ML20045G143 (9) | |
Text
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' UNITED STATES g
g NUCLEAR REGULATORY COMMISSION a
.l wAsmworow, p. c. rom April 5, 1991
+
Mr. Richard P. Donovan, Director Department of Health and Welfare 450 W. State Street Boise, ID 83720 -5450
Dear Mr. Donovan:
As you are aware, the Governor has requested on March 25, 1991 the Commission to terminate the Section 274b Agreement with the State of Idaho and to reassert its regulatory authority over persons using 4
radioactive materials covered under the Agreement.
i Should Idaho at some future' time wish to again become an Agreement l
State, it may do so by requesting a new Agreement in accordance with the Nuclear Regulatory Commission (NRC) Policy Statement.
N".C would require-the State to be both adequate to protect public health and safety (per the' enclosed Guidelines, particularly as it relates to staff) and compatible with the NRC programs, including regulations, before the NRC would consider relinquishing its authority.
- For a termination of the Agreenent, the NRC will. take the following steps:
1.
NRC staff. send forth the Commission Decision Paper which includes (a) history, (b) recommendation and proposed transfer date, (c) proposed Commission Order making Idaho licenses NRC licenses, and (d) draft notification of' press and Congress.
2.
Chairman Carr will respond to the Governor's request by registered letter of the Commission's decision.
3.
The Regional Administrator.will send the Connission Order to all Idaho licensees, including Governor Andrus' letter to Chairman Carr and Chairman Carr's letter to the Governor.
4.
RegionIVwillannounceworkshop(s)withintheStatetobe conducted by NRC regarding NRC's total program of-licensing, inspection, fees, etc.
3 We would appreciate receiving a complete mailing list, including telephone numbers, for all of the licensees in Idaho (specific and general) to enable an orderly transition for the State, NRC and.the-.
affected licensees. This will enable us to send timely notifications to them about the' transfer of authority. We would like to receive this list within one week from the date of this letter.
rb G ! 's l
-9307120156 930629
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!!r. Richard Donovan 2
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)gg When the Agreement is teminated, we plan to send NRC staff to Boise to physically pick up the license files for transfer to the NRC. License files would include:
- a copy of the current license including all current amendments;
- copies of underlying applications and supplementary materials-provided by the licensee in support of the application for the license and subsequent amendments i
- copies of pending license applications and requests for amendments under review at the time of the transfer, including reviewer notes or other documents that constitute an interim record of actions taken on the pending applications and requests; copies of inspection reports and associated enforcement correspondence to and from the licensee;
- copies of other reports and other correspondence received from the licensee including documentation of telephone communications; l
copies of reports of sampling, testing and analyses conducted of licensees' operations or surrounding environs;
}
- copies of other documents normally included as part of the Idaho record for licensees; copies of registrations filed by general licensees who are subject to registration-requirements; and j
I
- copies of reciprocity notices filed by out-of-State licensees for work that may be in progress at the time of the. transfer.
With respect to pending licensing actions and licensees overdue for inspections, we would appreciate receiving separate listings of these at
]
the same time you send us a mailing list of licensees. This will help us I
plan staffing assignments for this work. We would appreciate receiving a list of licenses terminated by the State and, if the files are still accessible, would appreciate including those records for transfer to NRC.
If licensees have buried radioactive material under either specific authorization of the State or under authority of State regulations, we would appreciate receiving a list of these licensees and the pertinent records.
If any sites are known to the State to contain residual radioactivity resulting from contamination by materials that were subject to the Agreement, we would appreciate receiving a listing of those sites and pertinent records.
t Mr. Richard Donovan 3
ppp -
pgj Other relevant records or ir. formation not specified should also be made known to us as the Agency asserting authority for the protection of the public health and safety in the State of Idaho. We request all such infctmation including records be included in the files and records to be transferred to NRC.
Except as noted these additi.cnal lists and records should be made available for transfer to us when we take possession of the license files.
MC plans to inform the public of the termination of the Agreement through a Press Release.
If the State plans to issue one as well, we woulo like to coordinate tta releases.
Please advise us of your plans in this regard.
The contact for the transfer is Robert Doda, NRC Region IV State Agreerents Officer.
He is located at 611 Ryan Plaza, Suite 1000, Arlington, Texas 76011 and ray be reached at 817-860-8139.
in rely,
,'/
Carlton Kammerer, Director State Programs Office of Governmental and Public Affairs
Enclosure:
As stated
UNITED ST IS CUCLE.AR RESULATORY COMMll JN RULES cnd RE3ULATIONS mtz St. CHAPTEA L CODE OF MDERAL RtoisLAT30ers-Ektaer i
4 COMMISSION NOTICES POLICY STATEMENTS 1
AGREEMENT STATES l
l a4Fa7 4o pgg pq g.hich was eweted in b uould be compstible Mth that of the
'N 1IM'*t form of a new section to the Ats.rJe NRC.The criterie wen circulated an.n.w t e st Energy Act (Section Dej and approved amor4 5ta tes. yederal agenc;es. ! abor I
Amamses sw Ps outwsews 7/tsrsi by the President on September EL 1834 and indastry, and other interested 1
884 F R 3aD681 and 7/31/s2 (as ett and assended by Pub. L e6404 Foups for comment.
23U8 3 spproved November L 1r7L nen 4 ne criteria require that the State criteria an intended to indicate factors authority consider the total accumulated Crtteds for Guidance of States and wheth the Commission intends to occupational rad.staan exposure of i
NRCin CnsconUnwence of NRC consider in appmving arm or amended Andrviduals To facihtete such en MegJatory Authortry and Assumption 88'rements hey are not latended to 8FPoach.11is the view of the NRC that Thereof try Statsa nroagh Agreement hmst Commission decretion tn viewmg an swersU rs&euon protection prog *am i
ua armemen s m amendments.
b dnMaA maximum ocope d act=&. U.S. Nudear Regula tory j
Ceslot in ecceedance with these statutory each State's redation protectics provisions. when en ag eement between piore m is not, however. e sieornary or atmt: Sta tement of Pobry, e st te and the NRC is effected, the a pprepriate ambject Ice courage in the j
suesausm.ne Nudeas Regulatory Commission wu! discoritinue its criteria. Consequently, b crneria are i
Commission has redud its statement of ngdatory euthority within that State eiteet on the guntos of minether a State pptcy regardes critena for guidance of cur one or more of the foDowing abould have a total rerdatory program
)
Efates and NRC in dacontinuana of matchala: byproduct material es defined covenng a!! eparte.s of md.ation.
NRC regulatory authority and in Section Ste[1]of the Act inclutsg those not sobject te control by essumption of regu! story authority by Ps&otsotepes). byproduct material as the NRC under the Atomic Er.ergy Act j
States through aperment.His secon is definedin Section11e[2]of the Act[rnfU pch ae n-raya. rsdnum, accelerstors etc.
l secewary to make editorial chaares to ladings or wnk:1 source spawdal t noe rmaed crueria provide for 1
spdate the pobey staternent, to aLow (aranium and thonarn). special nudear eg intr, an agreement for a States to enter into speements for lew.
msuna!(urania sta uranium :15 and Ery.ra te category of matenals, namely, i
l P utonium)in quantities not sufficient to lew letel m aste matenalla pe'nanent level weste only, and to incorporate the peristons and requirements of b form a cntical mass and permanent disposal faci!! ties ne) also p ovide Uranium MU Taihngs Ra&ation Control
&sposs! OMow4nel wasu containmg new cntede tw States wishing te Act olts?L Adoption of this policy w!L one or more of the materiale etated continue regulating weatum and thorium
{
aDow interested States to enterinto abow but nun including mul talhngs.
procusing and he wastes muhng l
as usents Mth the NRC and regulate 1 An agreement may be sHected theretrom under the prodetons of the low 4eva! wesie situ only. AditionaDy*
between a State and NRC:(1) spon Umnim MiB Tsaines Ra&ation Control thow Statas that meet the criteria for eart$ cation by the Covernar that the Act of tre (Poh L swM) aher the regulacon of uranium mids and State ks a prcye for the carttrol of NmM" 8.m h wesed crtwrta takes may exerdse reg latory endistion hasards adequate to protecs also ce ntair a somber of editortal authartry over these souras sa provided the pubhc health and safety with respect changes such as changing AIC to NRC by the Uranium M ! Talhngs Ra&a tion to the materials wnhin the Stam corsmd whm appropdate Warm a ymsent Ccmtrol Act of 2g*L as emended by the propond agarement and the Pmetice and lew.
ne revleed statement of pob State desirn to assume reguistor L Inquaios about imaus sd a taSects the foDowing pnndpa! kes:
8*8P'== my for such materiala;yand (g) aztteria or othw aspects as abe MC t Mo65cauon of Criterion D to aher a Endmg by the Commission that Federal-State Relauene Prires abould i
ent for Se Elete peoFu 1 in somerdanca with be addressed to the OfLoe of State a!!aw a State to wak am aIw the mquirments of embeaction o of Pmraard W Regulatory the regulabon oflow4eva
.e as a orperste ceterey.
esetion De and ta aD other respects CeaumJaaloa.Washhqpes.DC atssa 1indusien of additional crieerta for sampst% with the Cmamtssion's C2eria e Stales wishing to continue regula proram Ior the regulation of such aran!am and thorturn processors matarlais, and is adequate to protect tha i
a1U tahgs after November L ige 1.
PuWe baalth and safety with respect to L hossccost A Saete regulatory 1
- 3. Editonal and clari*ying changes to the materials nevered by the propoud a shad be desagnad to protect the j
snals the statement current, egreement It is also necessary that the eo&aticehaYa='of thepeople alpainst -
j a tb end was: m poucy saament is. secure suu have enabhaglagtsiauan 1
janaary 31 tart.
eethertsieg its Covernte to estar into Jiadistfee Proensdse headed, e
)
Poa cuerrseen seetonesatsoas courfacTt such as agmment John F.Kenig. Of5ca of State Prog tma.
L h eW1 sriterie were published U.S. Nucle at Reguletory Commisston.
en March 3L 1981(38 R 2527) after
% e=e m w easem hrwar sesa We shington. DC 30535. telephone-302 discussions with eartone State omef als t
sus ans Qau is.
j es3-y?s?.
and other Stats represantatkes, to go,,e,,,,,,,,,,,,,,,,,,,p,,,,,,,
sWuerran eneromancesc Prmide guidance emd easietsnee to the fhe e.
sh=% or en us a s ronsm er
(
Lnese crtteria ware develeped to
&:atoe ead the AEC (new NRC)in bw.ewwa= end Drs=wnw stems
- EnA
)
implement a propanu autherned by dewloping a regulaten program which eage-s s== eiesem e sm, hyen,.
we ew amams is as enume s
l N1 96evember 30,1988 i
i 1
POLICY STATEMENTS y
4 Standards ne State regu!sto and snanifest ersteen) shan be in enthority shell be esthorised to reTram shall sdept a oct of standards accordarm with 10 CPR 20.
hdividual cases to impose additional protection agamst red.stion. which he wute daposal etandards shal:
' te utremente to protect baalth and e
shaU a;' ply to byproduct. source and include a weste classification scheme sa. oc to grant necessary enemptions specist nuclear matenals in quechties and previolons for wute form.
wh will not jospar&se heehh and swt %fLt ent to fonn a critical mass.
apphcable to waste generetors. that is omfety.
S Ler. gor: uryin Act:::.ron Stardards.
onuivalent to that contained in to CFR It is important to,stnve far uniforzuty in part st.
hise Evakstame af Zisse af Aadsenssive technical detaiuons and te ninology.
(b) land &sposal of weste received
- 8I*I'
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particularly es telsted te such dir:ys as from other persons. De State shan 18.MerKvaluefame afNamardr and un.ts c's.easu-ement and r 6at;on algate mgulatiene containing (Anas, E.aceptiona la the presamt stale of j
dore.The e shaU be 6:ulormity on sing requirements for land espoul knowledge. It le amasseary in regulating seer.imats per nissible doses and levels of radioactive weste s,oetred from other the poseenion and ese of byproduct.
of retetion and concentrations of persons which are competfble win the source and speaal maclear meterials 3
- a&oecuvary. e: faed by Part 20 of the applicable techalcal definitions.
that the Stele regulatory setbonty NRC regu!ations bued on c!LeiaUy perfeemence objectivos.todwool regaire the subeussion of saformation approved raiation protector gwdes.
requirements and appl 6 cable suppormg on, arid evaluetion of. the potential 4 Tcto10ce:.potee.sc/Ac.fection sectiera ont forth in to CFR part 31.
hasards and she espebiuty of the meer se Exposwe The reta:ator) e6thonry sha.D Adequate financialarra k (under passessee prior to his reortpt of the consider the tctal occupa tional ts &a tion terme estabhahed by stion) shaU be matsnais. This artnerian le ombyct to exposure ofin&viduale inc!6dtng that mquired of each weste disposal site certata eaceptions and te comtmuing j
from sources wluch are not regulated by kneee to ensure sumcient funds for reopprales!as knowledge and it.
decantamineties closure and expenace in the atomic energy field L Surveys. Monitoring. Appropriste stab!!!sation of a disposal site. In enemass. Fmquem them arm, and r
eurveys and personnel rnonnova under addities. Agmement State financial Anemsingly in the ters them snay be, the close supernsion of technic.auy arrarigements for long-term monitoring categories of snatenals and ones as to competent people are essential an and maintenance of e specific ofte must whicMbem is sumcient kwwledge to scbevmg re&olerical protection and.
be reviewed and approved by the permit possession and ese without pnor shaU be mede in detenn!ning Commiss.co pnor to tellevtt:g the ette evaluation of the hasards and the i
comphance mth asfefy de tions.
- Perotar of hcensed responsibibty capability of she possessor and user.
L Labels. Syns. Spn It is (section 1stle)(2). pub. I. v7 4251 Dese catesones faU into two groupe--
desirable to achieve unifonnity in those matenals and uses which mey be.
l labels-signs and symbols, and the completely emamps hem tory l
postir:s brect However, itis essential centrola and those metens andusee that there be uniformity in labe!s. ::gns.
In wbch aanctaons for mie=ise am
)
and eymbols amxed to re&oscuve maintained without proevaluenom of products wbch are transferred from the in&vidual r--* ar ses. In person to person.
- 10. Argulations Conrr:ingMiprnent authonzing research and development y.Instructeen. Persons working in or Aodeooctive Moreriola. The State or other activides involvtag multiple frequent;ng restricted areas ' shad be U to the extent ofits luns&ction oses of re&oactive maternals. m bere an instructed mth respect to the heali promdgate ngu!auens oppbcable to the 12stitutaon has people with antens.tve risks associated mth erposure to ah!pment of ts&oective snaterials. such traming and expensace. the State radioactive meterials and in precautions ngdacons to be compatible with those agulatory authortry enah to to muunas exposure. Workers shau established by the U.S. Department of provide a means for su broad 4
have the nght to request regdetory Transportation and other agencies of the ese of materials withest evalustang each outhority inspections as per to CFR 1s.
United Statee whose sdiction over speclLc ***.
secton 10.16 and to be mpresented interstate shipment a such matenals 14 fre/sobon DiestisL b evaluating during inspecuans as specmed in necessarily continues State reguistaons.
e proposal to see todaeacties matsnals, section 18.14 of to CFR 19.
mgarding transportation of re&oacev, the tary authority shaB determine E Storage. !Jcensed todioactwe materials must De compatable with to the e usey of the apphsamt's faciL:ses materialin storage shaU be secured O R part71-and safety equipment his ershing and against unauthoriaed remosal 11 A*C8'd8 888 A* Ports The State empenense in the use af the matartels S. Radioective Waste Disposal.
atory program shall require that for the perpees requesist and his b ders and users of re&oactive proposed admaalstrotne smetreh,5 stes (a)We te &sposa! by material users.
saaterials [e) maintain records carvems should develop Wdamm damsments imr stan ards for the &sposal of personnel re&e tion expos ures. reea bon ese try hammee apphemmes, this guidemas d un 1in the soll Eu d di***I'"'I "8 'I*38' (b)
- '*'F"'o"r"ds of the receipt and trenefoe aboald be emasistost mich NRC humameng a o we mo medregels giddes Ier eastems an ecowdence with to CFR part 30~
8f matenals.le) report alsn1Lcant sategorise of assetties.
Holders of radioecove metertal incidents involving the metenels as SL &aine (Ame.The une of sesenceso eeNg meribed by the regulatory enthorsty:
materials and rednetime se er b humano tmtions of & c m enals d) make available upon vest of a 3911 me,t be permitted by in oncess of prescribed limuts shaU be i
required to obtata specast poimission i armer employn a nport the
,
- M w a M perooms fresa the appropriate regulate y emplom e exposum to m&atiende)at 3-mrd p6ciano)pessomshe sothwiry request of en employee advise the feescri eh esperismaslano Aequiremente for transfer of wate for employee of be er her annua!re&ation one af r *
. : ersedlesiasL the purpose of m!tmete esposal et a saposure and (f) infarm each soployee p.
Sand d eposal facility (weste arensfer la wrihas when the employee bas received re&ettoe exposum se enames of DE A"P-Megummmy.The "sweuwd... arms.es e
the prucribed limits, peammasase and one of seamassive
- =sha marskat4 Lw bem der em prp-e it Addifeanal Aeguiremense and matestals ahnB be asMast as inapseelse af me mas p mtem er admdash ken espe,we freoptions. Consisteel with he oogrg3 by t's s%aary es% and shaE ha a
7h."s.Y."[,a, "7,**,",",,*[,M*,d -
crtiene bere enumersted and to "M"* to se,1 -
of emeen,as omenmshh *ewprown
., man...
eccomrnodate special cases or seguired by se seguletary mac= N issem a mes.nn. mow =4 ci cumstances, the State regulatory h spection and essens le en deteranima, and to amatet ts shamining.
(.
NOW*tstbar 30,1958 psAG2 i
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,-4
l j
i POUCY STATEMENTS l
mmpliance with rep! story of evaluation and inepretion of a!! of the Specio/ Nuclear Material Source uirements.
vartons ases of byproduct. source and Morersalcad Trifle j
regency ofinspedian shad be special nuclear meterial dich might erlated d.6rectly to b amount and had onme to the regulatory body should have n Codtions Wecdle 80 Special I
Nuclear MosericI Source Moterec/ and I
af material sad type of operation rubstaztial training and extensive bcensed, and it shad be edegua te to experience in h held of rsdiebon Tritium. Nothing in the $4 ate's insure comphance.
protectiot It is desirsble that such a engu story pregam ahaD interien with person have a bachelor's der-re or the duties imposed on the bolder of the it faspecDoria I.censees equivaht in the physical or his sneteriala by the IGtt for example, the shall be under obhgattom by w to duty to repcet is the PGtC on NRC prodde acomu to ctors-moences, and spectLc trainirg-redistion prescribed forms (1) transfers of special i
1E Nor4W of of protectiott modear material, source ma terial and Anspectenit Ucensen an entGed to be It is recognized that there wG also be tritiurt and 2) period c im entory data.
edrised of the results of mapechons and to nober es to a bether or oos by are m pe* sons in the proram performing a
- 12..
Nucle =r Moferio/ Defer *ed comphanon-amore hmited funpon in evalsetion and Specia nudear matenalin quanuties inrpection Rese penons wi!! pe-form s et st:fhetent to form o crthcal mass, for Inforcement the day-toafay work of the regulatory present purposes sneans ursnium Mp us udnu program and deal with both routine ennched in the isotepe U-235 in of rs6oacuve matenals shog be situstions es wet as some o hich m@ be gn,anubes r6o1 exceedmg 350 grams of amenable to enfortement through legal out of the ordmary.Tbne persona contamed U-235. Ursnium 233 in sancbons. and b regu! story authon'y abodd han a bachelor's deree or quanbbes not exceedmg 200 g ams.
shall be equipped or aussted by law equhalent in the physical or Me plutonium in quant bes not excee6ng m,th the necessary powers for prompt sciences. t sinlng in hedth hysics. and 200 gws or era combmetion of there a
dy e M wwk hMmMhMm erJorcement his may indude. a e appropnata. adrnzntstrative reme6es experienc a the teld of rad 4abon formula For each Lind of epecial hkmg towstd assuance of orders protection nudear matenal determir.e the ratio requrtag afhrmoust scuen or ne foregoing a'e considered between the quanhty of that spec,al rupenaaen or revocabon of the rtsht to desirable pahr.caSons for the staff who nudear material and the quanuty possess and use ma tenals. and the w@ be respe ::tle for the eerusi specified above for the same kind of m
M evaluation and special nudear matenal ne sum of impoundag of matensla. the obtaW of mjunctive reLef, and the unposing og snspect on In addition. there wt!!
et:ch raues for aU of the kinds of special cnu or m malpenslun.
probably be trainees associated with the nudor matenal to combmabon abould reguistory program who wD1 hase an act eu.eed 1-(14.untr)).For examp!a, fiersonnel academic bad g ound in the physical of 6e fdowing WM h mudon to Quohfacotions of Regulatory and W* * * *
- C'
- F* *
- U * * * * 'M * * **"'*
would oot enond the Emitation and an Inspeccon personnel The regulatory of specif2c trai in ndiaen
(
within the fartnula. as foDows:
agency shall be etaffed with suffic.ent protection but ht e or rio octualwork trained personnel Pnor esalusuon of experience in this field he bedround appbcations for hcenses or and spec 2fic training of these persons 17g (rtot gentelned U 235)
- suthonsaboss and mapecbon of wi!! indicate to sorre extent their MD j
Lcensees must be conducted by persons potential role in the regulatory ogram, possessing the treinmg and eaperience Dese trainees. of coisrse.coul be used 50 (grams 0-U3), 50 (trans Pv), g relesant so the type and Level of inibany to evaluste and inspect those rs6oactivity in the proposed use to be epphcations of radioactive malenals g
d avaluated and irspeciei nia requires
,rd f Q, roe (This definmon la enhect to change by nda sa competeney to evaluete various sta ndpoies, for eman ple. inspebon o[
ruture Cornrnission rule or regulat an.)
potential redialogical hazarda industnd awunreseardi wee 3
[o propams, and diagnosue ened. cal
,p g,,
g gg e
d d u
conceneations of rediosetwe metenals
{8 f[g
- [3h*#j*"', *
- and impar 5a! adminfetration af in air and water, conditions of afieldmg.
refulsto9 aw. incluing pnwision Iw l
the makmg of red stson messure:nents.
be ased progressively to deal with the 1
knowledge of raietJan tastrumente-mon compks ce dht typn of pubhc participacon where appropriata, l
their selecton, use and cahbrenon--
nMve miend Wimt it h should be tocarporsted te procedures I". Tonnulaties of reins of puners!
laborstory design, contammation desirable that such tratnees have a coctrol other general pnnciples and bd.eM der,e Wedent b h a
e hcabltyt practaces of raiation protect on, and Med or Me scienou W epecinc asma of mansgement controls in e.seunna training in rad ation protectenes in NP""8 "'
'PP '
edhemnce to safety procadams. In order hiermaing b reqw far 8ar hernses se adcrtsataan to pman to eentuste seine complss cases,the seademic trainir:g of indrviduals in aB of
- d # "
C""**
State regulatory staff sney need to be the twegoma categor6es proper d"J tag &actphaery eenens agalast T
erPplemented by cumsuhants or other sananderstion should be given to equivalent competency which has been Arre yemanar far E
'NRC State agencies with expertise in geology, pained by appropriate technical and furzscherear I
bydrology wster quabry.redaobiology rm& don protecas arpenenca.
and engineertng &setptmes-At is recognized that r-hee ngg mg Steu shoald todecsw To perform b functions bryolnd in anstertals and their sees are se earned 7 se evd.s o. and i,,,ecao. u u desusbu t he evo. soc d in.,emos.
p m, %,,,3,,,,,,,,Td that there be personnel educated and 9,ewm, grCI requin skWe and a g_,_
,o trained to the fysical and/or Me expertence in the efferret disciphnes my au.thwhyhs, o,we,,,,,4m,,,o,aam
. ~ ee m dus, o do u.. w w.vy.
aa wm not d.eys,esi6e a one h asaw physics and enguert:4 and ht the ne regulat authorey should personnel beve bad training and ve the composite o euch skms either bcstams Sum and leon] am&wths.
I f
w.r s in rs&aban protec2Jon Tor to its emp1dy or at its commani sot
.3g a y gg g g y,
I m=ple, the person who wG be orJy for rostime fonctiona, but also for amth w centrd ury asewn~
23 IassM'R and respomatbie for the actual performance emergency cases-Prn6tWpJscuscsors he spacens ne pS-AG.3 November M,9008
1 POUCY STATEMENTS d scort: nuance of jurisdiction.
Arrartements shouM be inade for the reclamation er other bonded actMty has app epriate artatgemer.ts wC1be er.ade r,ciprocalreccgsuon of StateLcenses been perfor:nei funds for the purpose b NRC and the State to eneun that and Federal heetses in connection wi$
3 e.e not to be trauferred to the Federal there mall be no interference with or out of the-luris6ction operations by a Gos ernment ne funds collected by t',e er. erruption of heenned activ1bes or the State or Federal Ucan see.
5 te shall be sufficient to snante processarg oflicense opphca nons. by 2E KACondDeper ment ofEnergy comphance enth the regulatecas the etasor cf the trar.sfer. For eman ple. one Conuor.rors.& Suts should prende Commission estatJashes pursuant to arproach vright be that the Stua. in exceptions for NRC an! DOE Section 151% of the Atomic Energy An a s#ng p&euen. could recognise contractors which are substantaDY d in h issuncu d boensen. an and centmue in effect for an equtsalent to the fo3cw ng tu=ptions:
opportunity for written comments.
et;-cpna'e tened of :me under State
- s. Prtrne contra ctors ; erformd4 work
- p. bbc hearms fwith transcript) and is w. es.sbra NRC heerses. inclu6r g for the DOE at U1 Chverreent owned cross esaminstion is required.
hcems for w hich hme!y appbcations or controUed :'*c.
- e. In the issuances of beetses, a fcr rete w al ha s e been fJed. encept
- b. Pnme contrectors perfonoing s *e /. :ninetion of the acbon to be where roed cause wa* rants the esh.t rewarrh tm art devdopment, ihn tw.J wpon evidence presented reesammat on or terrr.;natioc of the eraanufacture, storste. tasting. or
- d. inns the pubhc comrnent period and
, $r'cucts it'.e reve c/
transporta tion et stocue wespens or 4sch is subject to Ju6cial review te s.o event end OA' erStates nere corr.ponents thereof.
erquired.
she.Jd he an interc&ge cf Federa! snd
- c. Prime contractors using or operstang i A bee se smahr consownies State c:j:madet ar d a ssistance :n nudear teactors or other nuclear
==*tene et the w mn oremen. prise es med devices in a US Government-owned emnlyse ses=lseson Crearme *L cer.necSen voth de is% sect of s ehicle or vessel. and 3 An oppo tunity shaU be provided retJetier sed beenses or
- d. Ariy other pnme contractor or for pubhc participation through written a.thenatens inspect.;cn cflictures.
subcontractor of DOE or NRC when the commento pabhc hearega. and ja6cial re;ee g d ir.cderns std ncister.s end t:s.nrg and educaten prob: errs State and the NRC joint y determine [i) teniew of rules.
l
- 27. Covereye. AsercmenIs.
that under the terms of the contract or 30 In the er.setment of any supporting Re poc;ry. An ag*eement prov;dtrg for subcontract. bre is adequate legislateon, the Stoe should take into ensurance ht h work braundo can account the reservations of authority to disconunuance of NRC regdetory be accomphshed wthut undue risk to the UA in UMT1tCA u stated in to CPR aethenty and the asaumpuen of the pubhc heahh and safety and (ii) that mua and an-nad by the regdsto*y subnry by the State may the asemption of such contractor or foDowag' relate to try ene er more cf the subcontractor is authortred by law.
- a. Le estabbahmerrt of =lal-lonowtr,g categones of restenals within anaNds governing reclamation. lane-the State. as centeef sted by Pubbe Add;tioul Criteria for Statu Regulat!c3 w.m surveiUance ce mahanas, aM UrarJum or norium Procanors and la w p m and Pubc law B5 es ownenhip of h byproduct material a Byprodset materials as deEned in Wastes Resulting ner from After bT. a determinataos that pemt to the serben11e[1]of the Act November g.1st) termination of a bcansa, the Lcanare has b Byproduct mate sals u detned in mq,,
complied with decontaaninstion.
section11e(2}'of the Act decomnussioning and reclamataan I
- c. Source matenals.
2B State statutes or du)y promulgate 11 d Spec:a! nudear materials in regulations should be enacted. If not au.ndardA and ownmbsp requ.remests I
quanubes not nf$oent to form a already in placa, to make clear Stata for sites at wbch byproduct matenalis p
g, enucal ma ss, authortry to carry out the requirements
- e. lew. level westes in permanent or PubDe Law B5-400 UrarJum MiD
- c. De requirement that pr6or to 6sposal faciLt.es. as defsed by stsrute Tailegs RadiauonContml Act krmbes d any bornu for byproduct or Cerr.zrJssion rules or regdebons (UhfDLCA) as foUows:
material a s defined in Section 11a421 of centaining one er more of the matenals
- s. Autherffy to regdste the tathngs or the Atomic Er.ergy Ass or for any l
a ht re@ in tk We f ststed in a. c. and d above but not wastes produced by the extraction or o
toc!ucr4 byproduct matenal as denned concentrat$on of ararJum or brium ad mswrial We to ad bypduct na tenal ar.d the dispraal site be in Secton 11e!2)of the Act from any ors processed primar0y forits trauferrd u h Fdel kwment but must nlate to 6 whole of such source material content, w Suu H h oph d & Stata, category or categories and not to a part b.nat an adequate surety (under of at:y category *1 fin than the 6 terma estaMsW by reguladu) w1U be pmvided such option is exarosed prior to tarininstien of the Lcene, categories are induded in ecy Provided by the buenan to assure the g g,,,
g,,,,,,,a 6scontnuance of)uns6ceen, completion of aD requimments 6scontinuance of NRC regdatcey estabtsbed by the (cite appropnate
,,ngg,,,.ng. netntommen and
,,,,,,,,, grg,, g %, g, suhrtry and the assumpuno of State agency)lar the decontamination
- regs! story avtbortry by the State of the deoostmissioning, and reclamation of wrdnated u wry k pmtect th others may be accezybshed af tes, structures, and equipment ssed in Mhc M2 and safety sw those mrisis and pmpem tw M h subupentJy by an amendment or by a conjunction with the genmtion or 5:sta has assumed custody pursuant to later eg-rement
&sposal of such bypmduct material Pub.L N.
m agrument may inwrporate by
- c. If in b States' heensing and a.ne suhrity a pewt un d h reference provisiona of other documents, regulation of byproduct matuts! or of surface or subsudace niata. or both of inclu6ng hoe enteria. sad the any activt'y wrech produces byproduct h land transferred to the United States as tement shaU be deemed to matertal b State conects funda from ce sua purnsst under pmvision d h incorporate utbout specific reference theticenses or sta samty for longterm Uranium M.!! F.adiation Tsuings Control the provisions of Pub. L M 373 and Pub.
surveigance and mainte-a or such 4,t L c5-eos and h related provuiens of matenal the total amount o & funds r
t h shy weenyt land the Atomic Energy Act collected by the State shaU be ownersbp transfer requnements of transferred to the U1if custody of the Section EO)tW
'A saw ed aan ene i sen%*
byproduct material and its &sposal site ENS [s Ef is transferred to the Federal F1. k le prdersble ht Stak staktes se
,,,% p,,,,,,g,, g g,*e e d the uw a m.: Esw.y aci n ameand afw-f.em me, Covernment tapon tertrJnation cf the g
Model Act But the folicming may be a inst ee sm Pa t suas me,.w.
State hcer.se. (See to mt 150.31)!f no a
hahd by adopw d ettber gr,"ghyygghy*=
4efauh has occurred and the ymcedures by rerslatae or technical
(
November 30,1988 MM
t POUCY STATEMENTS critarta. In any ca se. authority for tLeir agency assessment of the proposed erperience in ts&suon protection implementabon should be edequetely project is not adequate or appropriate, riecessary to evaluate the enginering supporud by statute. regulstion or case How ever, the les d agency may prepare a9d re&ological safety aspects of a tw as determined by the Staw Attorney an environmental anessment based cranium concentra tor. Currtat Generah upon an oppheant's environmental h6 cations an that 3 to trS total In the Lerneing and regulation of ores nport. Other creible information may professional person years'effod is processed primanly for their source be stihred by the Sts*e as long se euch needed to process a new toeventional entenal content and for b &sposal of infoncetaon te verined and documented aniil hcensa. In situ l-== or major byproduct materish procedures shaU be by the State.
renewal to swet h regaruments of i
estabhshed which prodde a wnrien
- c. When a lesd egency is designered UMTRCA. This number ladedes the l
analysis of the in pset on the that agency should coor&nete effort for the enntvamental aanessment i
environment of the beensirg actMty.
preparation of the statement.The other and the in. plant safety renew. It also i
This analysis shall be ani:able to the egendes involved should provide includes the use af conschanta.Heep pubbe before commencement of auistance with respect to their anas of teach applicabens may take less time i
hearints and shad Indode?
Juris6ction and experuse. Factors and is espected to take u to u
- a. As sesessment of the rediological nlevant in obtaining assistance from Professional staH years' eNart and nonro6clogical public baalth ehr agendes indude b applicabl, depen &ng on the circumstances i
impecta; statutory authortry, the time uguence in encounterei Currentind caboes are 1
k An assessment of any impact on which b stenc!es become inydved.
6st h person years effort for support hay body of weter or smundwster:
the magnJtude of theirinvolvement and and legal unices should be one j
- c. Considerstion of alternatives to the relative expertise with respect to k secretary for approxima tely 2 bcensed activitier, and project's environmental efects.
conenbonal m.us and M staff yem for
)
i d Cortsiderston oflong. term tmpacts In erder to bring an endronmental legal services for each mtested mID oflimnred activit!rs (see item 36h41}
sssessment to a satisfactory condusion.
cased impact oc anviratunental
- Aardeuan, it is highly recommended ht an inital monitonna laboretary espport services SL Stats regu!sbons should be scoping document be devaloped which is 6fFcult to estimate but abould be ndewed fa nNatcry nquirements.
clearly deLnestes the area and scope of a dded into Se pe sonnel requirements.
and wbm necessary incorporate work to be performed by each sgency In addjusn. consideration aboald be within a 3 ven time constraint.
sh a to ious uniscataneous post.
4 regulatory language svhich is equivalent i
to the extent preencable or score
& For hse areas in the 3'ensing ongoing artMuu inde&ng the 1
h e*
lasuance of minor *M-ts, stringent than reru!staons and standards
[,g",nn$tdet inapecbons and enviruumental adopted and enforced by the e a eI'n#I g
gg havmg sufficaent expert 2se to a dequately turteulance. It is astimated that hee i
actMties may require about 1L5 to 1 reo(ou to Cmo and in Cm
'Qt f 1.s e pe son years afort per beenned facitty
(
us ae
- M provisions for obiaining outsade per year. 6e lauer king es case fu a Omardscuano1RelationsMys Wit?dn scesulting services in those instsnces Q*g
'If,"{
g g
the state, echere non.governmenstal consuhants 33 OrganiutionalrelationshJps are utilized procedures should be ggg abould be estabhshed which will nublished to avoid confbet of interest h in eW app M u prodde for an efective regu! story censistent with State law and de Sua shdiMe au m um gg g,g program for uranium mUis and gr.all 8
,,{
,' cognized for h drology. geology and dam 3
- talhngs,
- a. Charts abould be developed which 6eir nperuse in emergency me& cal construction and opersbo:L show the management organis.ation and matters.such as the Oak Ridge and In ad& tion to the personnal knes of authortry.This chart abould Harford National la boratones. relating WLcataou lisad in &a *Csde for define the speciSc lines of supervision to ne antake m uranium and its Mauon d Suu Radienon Cond from prognm managment within the die;nosis thereof associated with Prestsma." Revision 3. Febnary L tetc.
rs&stson control gmup and any o$er uran:um mmang and rnilhng should be the regulatory staffineotved in the ngdsm y (Radeon) should
[d j{*s have addibona! training in Uranram l4D I
da asaUab to the Siste for department withan the State responsible for contributing to the regulsuon of assis an urarJum processing and disposal of 8
gi*I P"Pa bon. 6 Health physics and Eavarcomantal taihr,gs. Wben other State stencies or State should allow for fun &ng costs Anansmenta, regional c5ces are utihred. the 1.nes of incurred by the ne of consuhants. la g
,,g,7 g g communicaban and administrouve ed& tion.cnnsultanta should be leed agency are indeded in thne total control between the agencies and/or evellable for any em neies which ggg gg gg regior.s and the Png se Dvector should Qgrur an or t r expertine shad be dunonstreted that these be elearfy drawn.
e F'
pmannel wC1 be avallable on a routine b.Thou States ht wCI utIhre Personnef ymonnel from other State Depertments and continulag basis to a dag se R
d hb CIS18*ed as antwary to successfdly or Feders! agenszu in pnparing the l
esvtrocanental suassment should of Le Ucanu apphcatica can o**P y with the regatrannents of identified or erouped accordant to the WDCA and theos critersah designets a Ited agency for superdsing gg.Ing sde Tdnical, arrargements for making each resources and coord.nating p uparetien of this sedranaental asumement it 88 A&sirdstretiva; and Support.
erausble shad be documented such as normaDy arpected that b radiction
- s. Administretire personoe! are those an interagocy sisenrandusa of control ateney in Asmement States wn!
pc.ina who wCI prende balarW anderstanding and soudbruned by be the need stency.The basic premise is p,,..Tr tr.emoranda.reden and budgetary coat==hs.
that the lead agency is required to
- .. g.,
,,y;c
.__y g,,,,,,
g prepare the environmental ---*t.
comp!sJan of b lacenslag actim Support pmanad are &ame pmans 33 The States should derslop Utihastion of an oppbcant's who provue samtarid, cisried Procedures for licensing,inspectboe and f
environmentalaport in bra of a lead support. kgal. and laborstory smh peparation af enetroamental 1
Techrdcal persomt el are those
- essments.
- sm weg :
m w mer p-=d 6e P"*8 'e* =
Mvidula who have b W and "sp'Jeensing res}satkans se E "8*W
(
~
November 30,1888
= - -
s POLICY STATEMENTS
[-
usessments should include in plant la) Ecology:
fastrisemmanuen o
ndialogical safety nopects in (b) Eavirsemastale5ecta of site m ne State abeeld bese eemaable occupatier.al or astricted areas and preparstion and facility eusserocaea se both held and laboratory environmental!mpacte to populebens in environmast and b6sta:
hietnsamentause omfhcient to emene the sarestricted areas ima the plant.
(c) Enctreamental efects of mee and lu,asee's mentrol of meterials and to (2)It is expected that the State will discharge of chessicale and teole: and webdate the beenese o -
is.
erview. evaluate and pruride (d)e - uand emelal eSesta.
a.ne Stew wGl esbesti tie het of i
docussentataan of these evaluations.
- c. f.
- 3 lastrwesolaties to the NRC ist soview, items wb'cb should be evelosted are:
he(inspected se tacinded darks thet) As a setalmen items which obsekt Arrengemente should be made for (e) proposed actMties; (b) Scope of proposed oction:
taspection of a wenian mill abould enlibrettsg such egelpenas.
b.14bersteeptype instrumenteties (c) Specific settvities to be conducted; adbem to the itene evaluated in the nn-ebeuld be evausble is a State se 1
(d) A&ninictretive pencedures; (e)Feeluty organization and plant safety review.ne prtacipe!itame through e esmeeraalservice ' has pedaological safeey recponsibihties.
recommended for hopecten are:
the capabihty for quantitative and (a) Administration; asthortues.ead peroonnel quableure analysis of redsoeumbdes qualifications (b) Mi!!circutt.teclading any nunc$ated with meteral ersalem and its (f)1Joecsee av&ts and it spectione:
addttrons, deletions. se e6rcuit changes, docey chain, primarCr. U.238. Re.22a.
3 (c) Accidents /lacadents:
(g) Re diet on safety training programs Th.3an. Ptma, nad Re.222,in e venety for workere:
(d) part to er egefvalent ;,_
_1ts of sannple media each as will be i
ef the State:
(b) Rad.sbon safety progrant control (e) Action taken on prevlees Radinga, samphne program.
encountered from na envireemental and monitoring (f) A mill tour to determine i
(i) Resmeted area markings and comphance with regulations, and I""*
laboratory analytical fecihtsee should be Analysis and data reduction from secess centrol.
IrlTaihngs waste management in arailable to the licensing and laepection cundations:
(j) At enJsting raiUs. review of monitoring data, exposure noords.
ecc.ordance with regu!stions and hcansa authorteses in e timely manner.
licensee audit and inspection reco ds.
Normally, the data should be available and other reco-de apphcabie to es, sting co.d:ttons (see NRC Reg Cnide 3.113 within 30 days of submittal State (h) Records:
i mills.
(il Respireto y protection in occeptabihty of guahty eseuremme (Q A)
{
@) Environmental monitorir;g:
accordance wita hcense conditioe.s or 10 programs should also be establashed ice (1) Eme sency procedures.
CFR part 20.
the analytacallaberotories.
isdiological.
(i)Ufluent and environmental c Arrangermente should slee be
)
(m) Product transportation. and,,
monitoring-sempleted me that e large member af t
(n) Site and phaical decomrcissic,n:ng (L)Traming programe:
osaplu in a variety of sample media protedures, other than taihnss.
(!)Transportauon and shtppin resultmg from a areler actiJent aan be (c) Dcployee exposare data and (m)loternalterww and audit h.
in a time frenie that wGl allow
- b. Dororeenic/ Assessment snanagemant deciosons to be made regarding f
b es ssay pregeams.
F publ beahb and safety.
(1) The enyaroninentsi es alustion (n) Esit intervleur, and
- d. Arrangements should be made to i
i should consist of a detailed and go} real wrliten repet deamienting yar.g,'cipote in the Endrorunental
)
documented etafuabon of the follow.ing the results of the inspect,se and findings protection ey quahty asesrence Items:
on each item.
(a)Topog ephy:
(2)'n ad& tion. the inspecter shouQ programfar berstory performance.
l perform the following' (b) Geology.
(e) Independent surveys and a ) Hydrology and water quality; sampling.
m c
(d) Meteorology:
(3) Addiuonalpoldance h eastained p g,g,g aggy (e) Esckground radiation; if)Taihnas nienbon tystem:
in oppropriate NRC regulatory and (g)1niert:n stabihzatien, terJamation, inspectise gedes. A g
g gg,g, Itseaseen Cenerei,
b:-
- .cs should be et loest penst and Site Decommissioning program; (h)RadiolegicalDose Assessment m pr p ar.
(t) Source terms
- d. OgrotionalDero Acesew (Ills addition to the reporttag menuev:UK bcinar Regalatory
- 12) Exposure pathwaF nouirements regelred by the regulatione re (3)Dese commitment to individus1s e,r heense con &uons. the timennee will revest pinalgamere! statement of (4) Due coramitment to populations submit is writing to 68 Nealetary N'
(5)Esaluation of todiologicalimpaeta to the public to include a determinetion egency withis to dey, aher Janeary 1 of comphence with Staa and Federe) and July 3 eteach year.nparts sumunedev:He Nasiner Regoletery opecifyi'8 the quantley of ad of the Cassumissies is adspeng as e ngulations and comparteces with principalrodienecbdes released to
,,,,,,,,,,g g,
,,,g,,g background values
,,.: d =h===
C Restow enmstricted erees to bge6d andla (e) Occupauonal does gaseous effluente dertas the predoes
, g,,, g,g,g,, g,,,,g (7) Ra&ological hapact to b6ota other
.His s,umment,of pel6cy la than man months of operaties.This deta abaB be gg,,,
,,,,, g, reported to a mammer that wSI perudt to
,g g
thMandio pre ar anal deems to to "a 38 n)im,ects to esace a.d
,ebuc.
= pu e-o* ease <= en-i groundwater, both quality and quantie/t (3) AE data Irmes es -
- g *end Stem pruerema.
U) Eavironmental effecss of acadeste;
^
gem geprvesse espessaMugui egifraST:
- ~ '
and forEtertug p'ropres WS sies he Elamald A.Nussbeesmer. State,tasuland p) Evalvados of taDinge managessent submitted ler tae name time Pulede med badles Tytbo programsk M en of.
alternatives in terms of seguletions.
Irequency.no dets wS be nyerted in e ------*= and pubhc AEmba,1A1 (2)ne States are ensoeresed to a manner diet wtB anew to neelatory Discdest Reguletery Quesudestem.
esamine the maad to srpand the scope of the assesement into other arene each.
egency to esafers the dose la ruepers-Weebimeten.DC Egage.TW Wi-e8; eg.yyy, 3
,, L i
A L.
November 30, IM8 M
i
.~e
=
i
L c
. h..
Y
'-:yJli
- h,4-OFFICE OF THE GOVERNOR statt capitol BolSE 8372o CECIL D ANDRUS (208' 3342100 GOwf*NC#
March 25, 1991 Kenneth M.
Carr, Chairman U.S. Nuclear Regulatory Commiscion one White Flint North Building 11555 Rockville Park Rockville, MD 20555
Dear Mr. Carr:
Representatives of the state of Idaho have been in contact with representatives of the Nuclear Regulatory Commission (NRC) about the NRC/ state agreement program.
I am writing to clear up any misunderstandings that may exist in this regard.
In recent years, the Idaho Radiation Control Program has been operated by our state Department of Health and Welfare's Division of Environmental Quality.
In July of 1990, the NRC advised the state that the quality of the program was in question.
I am enclosing a copy of a letter outlining the NRC's concerns.
The Idaho Legislature has reluctantly funded the program at a very minimal operating level.
As you know, there are no federal funds available to the state to operate it.
In view of the financial squeeze placed on the program by our Legislature's past reluctance to adequately fund it and the federal government's refusal to provide any funds, we studied the feasibility of increasing funding by implementing a fee structure for licenses and inspections.
A fee program would have allowed us to upgrade our program to comply with the requirements of the NRC.
We discovered that to implement such a program, however, an average license / inspection fee of approximately $1,175.00 would be required to be paid by the 136 businesses, universities, and medical facilities in Idaho that are currently licensed.
When the executive budget for fiscal year 1992 was being put together at the end of last year, it was determined that the fees charged by the NRC's own licensing DOggt/%s'.
Kenneth M. Carr
)
March 25, 1991 Page Two
}
I and inspection program were an average of approximately
$531.00 per license / inspection.
Accordingly, in view of the fact that the NRC could provide a thorough licensing and inspection program at no cost to the state of Idaho and i
at a cost to Idaho licensees far less than what could be charged by the state, we made the decision to return this federally-mandated program to the NRC.
Just recently, the' state has been notified by'the NRC that it plans to revise its rules and regulations to i
increase the fees it currently charges to licensees and l
that these new fees may go into effect sometime in the next year.
In the event these changes do take place, the state may be in a position to consider taking back the NRC/ state
'y agreement program.
At this juncture, however, there is not a sufficient basis for me to reverse the state's decision to return the program to the NRC.
I I am not entirely satisfied with this decision, because I believe that, when adequately funded,-a state program is in a better position,to regulate and control radioactive materials in Idaho than is the NRC.
'I continue to believe that the state can be'more responsive to those l
who are protected and regulated by the program and any I
concerns that arise about health or safety can:be dealt with more promptly at the state level.
I am committed tc protecting Idaho's citizens from any undue risk of exposure f
to radiation, but this protection cannot be achieved by an underfunded state program.
I am certain you will agree that, under the circumstances, Idaho's citizens will be best served by a strong program administered by the NRC.
We look forward to continuing an excellent working relationship with you.
q Sincerely, d
1D
- - d 11 D. Kndrus Governor CDA:jed enclosure cc:
Richard P. Donovan, Idaho' Department of Health and Welfare Carlton Kammerer, Director of State Programs, Nuclear Regulatory Commission a/f
)
L
k
.y.-
/pa steg'g UNITED STATES NUCLEAR REQULATORY COMMIS$10N WA6es440 ton, D. e. Esse 5 3
(s July 23. 1990
- e.
- Mr. Richard P. Conovan, Director Department of Health and Welfare 450 W. state street loise, ID 83720
Dear Mr. Donovan:
Because of our disturbing findings. I am providing this report to you of a recent NRC visit to the Idaho radioactive mater'als Agreement State program. The report highlights the inadequate manpower being devoted to the Agreement State program which has resulted in major shortcomings in the inspection area and the necessary revisions of the $ tate's regulations for compattbility with NRC.
If this visit had been a formal reytew of the Idaho program, we would be unable to make a finding of either adequacy of the program to protect public health and safety or compatibility with NRC regulations. Because of the serious nature of this situation. I would like to receive a written response and plan of action to the report's findings.
Finally.
NRC intends to conduct an official review of the State's program within the next six months.
I believe the seriousness of these deficiencies warrant your early attention to this matter.
Stacerely.
N Carlt n umerer, Director
$ tate Programs Office of Governmental and Public Affairs
Enclosure:
As stated cc: Cheryl Koshuta State Liaison Officer
. g5.M Eg ghn
(
QUESTION 31 1
"$c
!w 2
....h.
ADJUDICATORY ISSUE Irination)
April 9, 1991 SECY-91-093 For:
The Comissioners From:
Harold R. Denton, Director Office of Governmental and Public Affairs Sub;ie ct:
PEASSERTION OF REGUL ATORY AUTHORITY It: THE STATE OF IDAHO Furpose:
To obtain Commission approval of a proposed Commission Order and Federal Register notice on reassertion of regulatory authority in Idaho.
Sumi,,asv :
Ey letter dated flarch 25, 1991, Governor Andrus of Idaho advised the Commission of his decision to return Idaho's Section 274b. Agreement to the t;RC.
This request has been made following the inability of the State to adequately fund the program at a level sufficient to meet NRC guidelines for adecuacy to protect public health and safety and compatibility with the f:RC prograu.
In order to accept return of the Idaho program, as requested by the Governor, and to effect reassertion of 11RC authority, Section 274j.
of the Atomic Energy Act, as amended (the Act), requires a finding that it is necessary for the Commissicn to terminate the Agreement relinquishing NRC authority over radioactive materials subject to the Agreement and to reassert NRC licensing and regulatory authority over these materials in order to protect the public health and safety.
Discussion:
Idaho became an Agreement State on October 1,1968.
Af ter Agreement State status was achieved, the State provided adequate budgeting support for the Agreement program for many years. On November 9,1982, Idaho NOTE:
TO BE MADE PUBLICLY AVAILABLE C0fGACTS:
WHEN THE FIN 1sL SRM IS MADE nygynggtg Carlton Kammert r, SP/GPA 49-2C3:1 Vandy L. Miller, SP/GPA 49-2C326 7
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g returned to the NRC authority to regulate byproduct materials as defined by Section 11e.(2) of the Atomic Energy Act, as amended (uranium mill tailings)(47 FR 50779). At the time, there were no active uranium mills in Idaho and there was one " Title I" (Department of Energy) site, located at Lowman, Idaho.
Remediation of this site was the responsibility of the Department of Energy.
A staffing problem emerged in 1987 shortly following the NRC routtne review of the State's program when two State health physicists left the program.
Carlton Kammerer, Director, State Programs, briefly discussed the situation with Governor Andrus during a meeting of the Naticnal Goverrors' Association in 1988. Although the State's program met the NRC guidelines for adequacy and compatibility at the time of the review, the NRC coment letter to the State following the review expressed concern over the staff turnover.
In July 1989, the State's program was reviewed and while determined to meet the ERC guidelines for adequacy and compatibility at the tine of the review, again a staff resignation occurred shortly after the review. This resignation was one of the two 1987 filled positions.-
In 1990, NRC performed a review visit to Idaho and found that an inspection backlog had developed and that the State had not taken steps to fill a vacant pcsition or otherwise augnent the program. State Programs (SP) notified the Director of the Department of Health and Welfare of the seriousness of cur review visit findings by letter dated July 23, 1990.
Region IV has closely monitored the status of the program. The Office of Governmental and Public Affairs (GPA) has been in contact with Departmental representatives,' staff of the Governor's office and with the State legislature concerning State plans for the program. Attachment I provides details on the State's staffing of the program.
The State examined three options for the program:
(1) fund the program.out of general revenues, (2) establish a fee system or (3) request termination of the Agreement and NRC's reassertion of its authority in Idaho.
NRC staff provided the State with information on current NRC fees and other Agreement State funding mechanisms.
Idaho is one of four Agreement States that does not use fees as a fundir.g source for the Agreement program.
hRC staff
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elso informally provided preliminary information on Commission plans to propose rule changes to increase license and inspections fees for materials licensees and to charge an annual fee for materials licensees.
This information was provided to assure that the State has all of the necessary information to make an informed decision on the future of the program. The information was provided with the understanding that until the NRC Federal Reg _ist_er notice was published l
this information was not yet available to the public. is a chronology of the contacts between the NRC and the State on this matter.
By letter dated March 25, 1991, Governor Andrus anvised the Comission of his decision to return Idaho's Section 274b. Agreement Program to NRC (Attachment 3).
Idaho administers about 130 specific licenses. Two are broad scope academic licenses. The remaining licensees are a normal mix of medical, industrial radiography, gauge users, etc. There are no nuclear pharmacies, low level waste (LLW) brokers, large mar.ufacturers or large irradiators. There are no licensees subject to requirements for posting of sureties.
License applications have been received by the State, however, for a nuclear pharmacy, a nuclear laundry and a distributcr of tritium exit signs.
NRC staff's monitoring of the State program shows that a significant inspection backlog exists.
The reassertion process requested is provided by Section 274j.(1) of the Act. This requires a Comission determination that termination of the Agreement and reassertion of NRC regulatory authority l
in Idaho is necessary to protect the public health and safety. Since this action has been requested by the State, the notice and opportunity for a hearing to the State that is provided for in Sec 274j.(1) is not necessary. Based upon Governor Andrus' letter and discussions with his staff, it is recommended that the effective date for the reassertion cf NRC authority be April 26, 1991. Attachment 4 is a j
Commission order which provides that the existing State licenses in effect become NRC licenses. The proposed Federal Regster notice shown in Attachment 5 would provide notice H at the Commission has found termination of the Agreement to be necessary to protect the public health and safety and that reassertion of NRC authority would become effective j
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4 on a specified date.
NRC staff plans to hold a public workshop with licensees in Idaho to ensure that NRC rules, fee schedules, and enforcement policies are understood. The Region has tentatively scheduled this during the week of June 3,1991. NRC staff has been in comunication with the State concerning transition arrangements including transfer of license files and other appropriate records to the Region IV office.
There are no costs to be charged to the State for the termination. There will be no fee charged to Idaho licensees for the NRC order making them subject to NRC regulation. Subsequently, they will be subject to such fees as are provided by 10 CFR Parts 170 and 171.
Staff estimates that the incremental increase in technical staff effort to assume regulatory authority for the Idaho program will be 1 to 2 FTEs. A somewhat higher effort will be needed initially to address the inspection backlog, process the pending license requests, and take other licensing actions necessary to conform the licenses to NRC requirements and conduct the workshops. The magnitude of this additionas effort will best be assessed after staff pcrforms preliminary reviews of the State files.
This action terminates, rather than suspends, Idaho's Section 274b. Agreement with NRC. Should the State at some future time wish to again become an Agreement State, it may do so by requesting a new Agreement in accordance with Section 274 of the Act and the NRC Policy Statement (46 FR 7540, 46 FR 36969 and 48 Ff; 33376).
A draft letter to Governor Andrus informing him of the Comission's decision is shown in Attachment 6.
A public announcement and Congressional letters concerning this decision are shown in Attachments 7 and 8.
A letter to the Director of the Idaho Department of Health and Welfare informing him of the procedures that will be followed to terminate the Agreement is shown in Attachment 9.
Reconnencation:
That the Coumission:
1.
Find that the termination of the Se: tion 274b.-
Agreeu nt with Idaho is required tc protect the public health and safety.
2.
Approve the Order provided in Attachmec+ 4 and direct the Secretery to issue such Order.
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5 3.
Approve; publication of the Federal Register notice announcing the Comission decision (Attachment 5).
4.
Note:
a.
The Comission Order will be published in the Federa_1 Reg _ister along with the notice of reassertion of authority.
b.
The Governor of Idaho will be notified of the Comission decision by registered letter shown in Attachment 6.
c.
A public announcenent (Attachment 7) will be issued by Public Affairs.
d.
The appropriate Congressional Comittees vill be informcd of the Comission's decision (Attachment 8).
Coordination:
This paper has been coordinated with the Office of the
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Executive Director for Operations, Region IV, and the Office of the General Counsel has no legal objection.
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harold R. Denton, Director Office of Governmental and Public Affairs Attachments:
As Stated Ccmmissioners' comments or consent should be provided directly to the Office of the Secretary by COB Wednesday, April 10, 1991.
Commission Staff Office comments, if any, should be submitted to the Commissioners NLT Wednesday, April 10, 1991, with an information copy tc the Office of the Secretary.
If the paper is of such a nature that it requires additional review and comment, the Commissioners and the Secretariat should be apprised of when ccmments may be expected.
This paper is tentatively scheduled for affirmation at an Open Meeting on Thursday, April 11, 1991 at 3:30 p.m.
DISTRIBUTION:
Commissioners REGION IV OGC EDO OIG SECY LSS GPA I
i INFORMATION REGARDING_THE j
STAFFING OF THE IDAHO RAEMTIOK CONTROL PROGRAM f
Background
Idaho became an Agreement State on October 1,1968.
After Agreement status was achieved, the State provided adequate budgeting support for the Agreement Materials Program for many years. State budgetary support was necessary because Idaho has never charged fees.to its licensees to support its regulatory program.
A problem with staffing developed in 1987, just after NRC's evaluation of Idaho's Agreement Materials Program on July 24, 1987. Two of the State's health physicists resigr.ed within months of each other, and 1
Idaho has not been able (or willing) to adequately i
scpport the Agreement Faterials Program since that time.
Idaho's evaluation of July 1987 showed a_ staffing level of 1.5 FTE/ICO licenses.
(NOTE: NRC's guidelines call for a range of 1.0
'1.5 FTE/IDO licenses for these programs.) Since that time, Idaho has.never achieved even the lower limit of this range.
Idaho's staffing level averaged.8
.9 FTE/IDO licenses for the r. ext several years, when, on June 1,1990, another health physicist resignation occurred and only one person remained to cover the Agreement Haterials l
Program. Idaho has not filled this vacancy to date.
f Region IV conducted a Review Visit for the Idaho j
program on June 22, 1990, which highlighted-the critical staffing problem and other general program l
deficiencies, to include a backlog of license reviews and inspections. NRC's State Programs Office notified Idaho's Director of the Department of Health and h'elfare on July 23, 1990, of the seriousness of these problems. Since that time, State Programs and j
Region IV have maintained a weekly sonitoring plan for the Idaho program.
Idaho has assured NRC that adequate support exists for radiological incidents, wherein DOE's Idaho National Engineering Laboratory (INEL) has pledged support for such cases.
Idaho management staff has stated that the only solution to this problem is to receive' adequate
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program funding from the State Legislature in the 1
January 1991 session.
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Current Status Idaho has one health physicist assigned to the i
Agreement Materials program, which represents a i
staffing level of approximately.5
.6-FTE/100 l
licer.ses since a small fraction of his time is devoted to the x-ray program. The inspection backlog l
has been increasing steadily, to approximately-50-60 overdue inspections at the present time.
l Licensing review actions have also been building up with Idaho having several more significant cases to review; e.g., license applications for a nuclear laundry, a ruclear pharmacy, and a' distributor of tritium exit signs are pending at the present time.
Idaho has no outside techr.ical support for the progran, except for radiological emergency response from DOE's INEL. Both INEL and the Conference of Radiation Control Program Directors, Inc. (CRCFD) i have recently turned down Idaho's requests for l
technical assistance for routine program operations, j
i NRC has been reluctant to offer any program assistance.
I because the State hcs rot given a strong commitment to i
fund the recessary resources to run an Agreen.ent i
program. Aftcr the 1987 review, when Idaho was experiencing similar problems, the NRC providec one (1) specialist for approximately two weeks to help
. reduce its backlog due to a shortage of staff.
I Idaho's radiation control regulations were'last d
revised in December 1987 and were found to be j
compatible with the NRC's regulations at that time.
1 Currently, Idaho's regulctions are raissing the must recent NRC amendments that are necessary for compatibility. The low staffing level, of course, precludes any State efforts _towara updating its l
rtdiation control recu'.ations at this time.
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Backcround:
- Idaho became an Agreement State in 1968.
The State currently administers about 130 licenses. Two are significart, the broad licenses issued to the University of Idaho and to Idabe State University. The remaining licetaes are the normal mix of institutior.al medical, industrial radiographers, gauge users, etc.
There are nc radiopharmacies, LLW brokers, no large manufacturers, or large irradiators in Idaho, although license applications have been received for a nuclear pharmacy, a nuclear laundry and distributor of tritium exit signs.
On November 9,1902, Idaho returned to the NRC authority to regulate byproduct material as defined in Section 11e.(2) of the Atomic Energy Act of 1954, as amendcd (uranium and thorium mill tailir.gs).
In 1987, imC conducted a routine review of the State's Agreeraent program. Shortly thereafter, a staffing problem energed when two State health physicists left the program.
In 1988, Carlton Kammerer met briefly with Governor Andrus curing a meeting of the fiational Governors' Association and indicated the State's Agreement program needed attention because of staff turnover.
' The last rcutine review was conducted in July, 1989. Althcugh the prograta was found adequate and cor:patible, a senior staff person left the progrart following the review and our comment letter eitphasized the i:eed to fill tre positior.. This was the second consecutive rcview in which staff turnover was icentified by hpC as a concern.
- In Jur.e 1990, NRC conducted a review visit. Several significant findirps were made, including overdue inspections.
The State had no plar.s to fill a vacant position because of uncertainties in continuing the program. Because of the nature of the findings, the report was sent to the State under a cover letter dated July 23, 1990, requesting a respct:se.
(Revier sisits are nortnally less formal than a routire review and correspondence with the State concerning the review visit is not ncrmally dene.)
In September 1990, the State responded and informed us that options concerning the program were being reviewed with the Governer's office and a decision would be forthcoraing soon.
- In early October 1990, we were informed by the State that Governcr Andrus planned to request the State legisicture (which conycned in January 1991) to provide additional positions for the State program and to charge user fees.
In our October 5,1990 letter te the State acknowledgirs this inforraation, we erpl.asized our concern over the need to address the inspection backlog.
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- On October 17, 1990, the State confirrred by letter plans to request legislative action and informed us that failing legislative action, the program would be relinquished to NRC. There was no information concerning inspection effort.
- In early November, Mr. Karrerer met with the State to discuss the program. A follow-up letter from the State on November 5,1990 stated the State would request assistance frorn the CRCPD and DOE (INEL) to address the backlog.
- On November 16, 1990 he asked Idaho for specific information on the schedule to resume inspections immediately and also asked for information on the extent of Governor Andrus' awareness of the prcgram's problems.
j On November 20, 1990, the State provided 7 inspection plan and informed us that Governor Andrus was avse of the problems and was supportive of the efforts to resolv-the funding and staffing shortage.
Inspections were resumed by the State in January 1991 fcilowing a i
telephere call to the State in January 1991 by Vandy Millcr, Assistant Dire.ctor of State Agreenents Program.
On February 13, 1991, upon learning that the Branch Chief for the Idaht radiation ccntrol program resigneo, Mr. Kammerer sent a letter to the State requesting a response within 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> on the State's plans regarding the program. The State, by telephone, requested a two week extensico (i.e., to February 28, 1991) to permit an examination of the issues and options.
In February 1991, SP had numerous contacts with the Governor's office
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and other State officials and a State legislator to provide background information on the program and particularly on staffing and fees.
The Governor's office informed us that the State was reviewing three options:
(1) fund the program out of general revenues, (2) establish a fee system, or (3) return the program to NRC. The i
bottom line was that it appeared that the right people had the right information necessary to make an informed decision.
- On March 1,1991, SP was informed by the Director of the Department of Health and Welfare that the State intends to turn back the 3
Agreement.
- On Parch 4,1991, Mr. Kamerer by telephone informed the Department Director (in general terms) of the Comission's decision to j
establish an annual fee for materials licensees. This information could alter the State's decision since it would Effect how proposed i
State fees would be viewed by State licensees.
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- 2LT i
l OFFICE OF THE GOVERNOR stava ca* Tot i
SolsE 83720 C E L. O A *.DA 5
1208) 3342100 j
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i March 25, 1991 i
Kenneth M. Carr, Chairman U.S. Nuclear Regulatory Commission One White Flint North Building 11555 Rockville Park Rockville, MD 20555 4
Dear Mr. Carr:
1 Representatives of the state of Idaho have been in ccntact with representatives of the Nuclear Regulatory Commission (NRC) about the NRC/ state agreement program.
I am writing to clear up any misunderstandings that may exist in this regard.
In recent years, the Idaho Radiation Control Program has been operated by our state Department of Health and Welfare's Division of Environmental Quality.
In July of 1990, the NRC advised the state that the quality of the prcgram was in question.
I am enclosing a copy of a letter outlining the NRC's concerns.
The Idaho Legislature has reluctantly funded the i
program at a very minimal operating level.
As you know, there are no federal funds available to the state to operate it.
In view of the financial-squeeze placed on the program by our Legislature's past reluctance to adequately fund it and the federal government's refusal to provide any funds, we studied the feasibility of increasing funding by implementing a fee structure for licenses and inspections.
A fee program would have allowed us to upgrade our program to comply with the requirements of the NRC.
We discovered that to implement such a program, however, an average l
license / inspection fee of approximately $1,175.00 would be required to be paid by the 136 businesses, universities, and medical facilities in Idaho that are currently licensed.
When the executive budget for fiscal year 1992 was being put together at the end of last year, it was determined that the fees charged by the NRC's own licensing
Kenneth M.
Carr March 25, 1991 Page Two and inspection program were an average of approximately 5531.00 per license / inspection.
Accordingly, in view of the fact that the NRC could provide a thorough licensing and inspection program at no cost to the state of Idaho and at a cost to Idaho licensees far less than what could be charged by the state, we made the decision to return this federally-mandated program to the NRC.
Just recently, the state has been notified by the NRC that it plans to revise its rules and regulations to increase the fees it currently charges to licensees and that these new fees may go into effect sometime in the next year.
In the event these changes do take place, the state may be in a position to consider taking back the NRC/ state agreerent program.
At this juncture, however, there is not a sufficient basis for me to reverse the state's decision i
to return the program to the NRC.
j I am not entirely satisfied with this decision, because I believe that, when adecuately funded, a state program is in a better position to regulate and control i
radioactive materials in Idaho than is the NRC.
I continue I
to believe that the state can be more responsive to those
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who are protected and regulated by the program and any cencerns that arise about health or safety can be dealt with more promptly at the state level.
I am committed to 3
protecting Idaho's citizens from any undue risk of exposure to radiation, but this protection cannot be achieved by an underfunded state program.
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I am certain you will agree that, under the circumstances, Idaho's citizens will be best served by a strong program administered by the NRC.
We look forward to continuing an excellent working relationship with you.
Sincerely,
-l D
- l s11 D. Andrus' Governor CDA:jed enclosure cc:
Richard P. Donovan, Idaho. Department of Health and Welfare Carlton Kammerer, Director of State Programs, Nuclear Regulatory Commission a!!
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UNITED 8TATES
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NUCLEAR MgGULATORY COMMIS$10N i
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WAlas tfv0 TON, D. C. 39658 I
July 23, 1990 I
Mr. Mchard P. 00novan, Director Department of Health and Welfare 450 W. State Street Boise, ID 83720
Dear Mr. Conovan:
Because of our disturbing findings, I am providing this report to you of a recent NRC visit to the Idaho radioactive materials Agreement State program. The report highlights the inadequate manpower.being deYoted to the Agreeeent State program which has resulted in major shortcomings in the inspection area and the necessary revisions of the $ tate's regulations for compatibility with NRC.
If this visit had been a formal review of the Idaho program, we would be unable to make a finding of either adequacy of the program to protect public health and safety or compatibility with NRC regulations. Because of the serious nature of this situation, I would like to receive a i
written response and plan of action to the report's findings.
- Finally, j
hRC intends to conduct an official review cf the State's program within the nest six months.
I believe the seriousness of these deficiencies warrant your early attention to this matter.
l Sincerely, Carit n Kamerar, Director State Programs Office of Governmental and Public Affairs
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Enclosure:
j As stated j
cc: Cheryl Koshuta State Liaison Officer
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N UNITEC STATES OF AMERICA NUCLEAR REGULATORY COMMISSION f
COMMISSIONERS:
Kenneth M. Carr, Chairman Kenneth C. Rogers James R. Curtiss Forrest J. Remick In the Matter of the Governor of Idaho's request to return to the
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United States the Idaho program
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for the licensing and regulation
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l of byproduct material as defined
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in Sectier. 11e.(1) of the Atomic
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Energy Act of 1954, as amended,
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source material and special nuclear
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matcrial in quantities not sufficient to forra a critical mass.
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ORDER CLI Pursuant to Section 274j.(1) of the Atomic Energy Act of 1954, as amended, the Commissier grants the request of the Governor of Idaho for the Nuclear Regulatory Commission to accept the return of authority i
over the licensing and regulation in Idaho of byproduct material as defined by Section lle.(1) of the Atomic Energy Act of 1954, as amended, source material ano special r.uclear material in quantities nct sufficier.t to form a critical mass. The Commission finds that this action is required to protect the public health and safety.
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2 Idabc is an Agreement State.
Under the provisions of the Agreement, which became effective October 1,1968, Idaho assumed and NRC relinquished authority for the licensing and regulation of byproduct material, source material trd special nuclear material in quantities not I
sufficient to form a critical mass. On November 9, 1982, Idaho returned to the NRC authority to rt.culate byproduct material as defined by Section 11e.(2) of the Atomic Energy Act of 1954, as amended.
By letter dated March 25, 1991, Governor Cecil Andrus advised the Commission of his decision to return Idaho's Agreement program to the NRC.
In his letter, the Governor indicated that he made this decision following a decision by the State Legislature to not fund the program for ryulating radioactive c.aterials subject to the Agreement at a level sufficient to meet NRC guidelines for adequacy to protect the public health and safety and compatibility with the NRC program. Under current Federal law, byproduct paterii.1, source material and special nuclear j
matcrial in quantities not sufficient to form a critical mass cannot be left unregulated. Accordingly, the Commission finds it necessary to j
accept return of the Idaho program, terminate the Section 274b. Agreement between the NRC ar.d the State of Idaho in its entirety, and reassert NRC authority over the licensing and regulation in Idaho of byproduct material, as defir.ed in Section 11e.(1) of the Atomic Energy Act of 1954, as amended, source material cod special nuclear material in quantities not sufficient to form a critical mass.
3 The Commission staff has reviewed the files of the Idaho Department of Health and Welfare and has identified all relevant licensing-documents for transfer to the NRC.
In order to aid in a smooth transition, the Conmission deems it essentiel to maintain continuity in the liter. sing and regulatory obligations of the Idaho licensees whose dockets are being 1
transferred to the NRC. This continuity may be assured by keeping in effect en an interim basis all Idaho licenses as currently issued, until such time as the licenses are modified to meet NRC standards.
Therefore, the Commission hereby orders that til Idaho issued licenses, license amendments, outstanding orders (if any), or other documents esttblishing obligations for specific licensees that are transferred to the Commission, shall remain in full force and effect as if issued by the Cor.nission. The Commissico staff vill review all transferred licensire documents and provide for their revisior, as necessary to meet applicable Federal starderds.
For the Cummission l
Secretary of the Commission Dated at Rockville, Maryland this oay of 1991.
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Nuclear Regulator Commission Proposed Federa_1 Registe_r Notice Reassertion of Certain Regulatory Authority in the State of Idaho By letter dated March 25, 1991, Governor Cecil Andrus of Idaho stated his decision to return the Agreement program and accordingly the NRC is reasserting its authority over byproduct material as defined as Section 11e.(1) of the Atomic Energy Act, as amended, source material and special nuclear material in quantities not sufficient to form a critical mass.
The Governor stated that because of severe budget constraints, as well as other compelling reasons, the State can no longer assume regulatory responsibility for these materials. A copy of the Governor's letter is on file in the Commission Public Document Room at 2120 L Street, N.W.,
Washington, D.C.
Pursuant to the provisions of Section 274j of the Atomic Energy Act of 19E4, as amenc~ed, the Nuclear Regulatory Commission found on that it is necessary to terminate the Idaho Agreement relinquishing Nht_
authority over byproduct material as defined as Section 11e.(1) of the Atomic Energy Act of 1954, as amended, source material and special ruclear material in quantities not sufficient to form a critical mass ard to reassert NRC licensing and regulatory authority over these materials J
in crder to prctect the public health and safety.
This finding ensures that there will be no lapse of licensing and regulatory authority over j
these activities and materials upon relinquishmer.t of this authority by the State of Idaho. This reasscrtion of authority will become effective j
on
, 1991.
Persons seeking licenses for activities within Idaho involving byproduct caterial as defined in Section 11e.(1) of the Atomic Energy Act of 1954, as amended, or source or special nuclear materials should file such applicaticns with the U.S. Nuclear Regulatory Commission, Region IV, 611 Ryan Plarc Drive, Suite 1000, Arlington, TX 76011.
Existing licensees in Idaho are being advised of this change in regulatory authority. Pursuant to a Concission Order published with this notice, existing Idaho licenses affected by this change will become effective NRC licenses under conditions set forth in the Order.
For information regarding this reassertion action contact the NRC's Office of State Programs, Mr. Carlton Karrmerer (301-492-0321).
l Inquiries regarding the status of licenses or applications should be directed to NRC Region IV Office, Arlingtcn, Texas. The contact is Jack Whitten (817-860-8197).
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2 Dated at Rockville, Maryland this day of
, 1991.
FOR THE UNITED ST/.TES NUCLEAR REGULATORY COMMISSION Carlton Kamerer, Director State Programs Office of Governmental and Public Affairs
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The Honorable Cecil Andrus Governor of Idaho Boise, Idaho 83720
Dear Governor Andrus:
r As a result of your letter of March 25, 1991, the Commission on
,1991 agreed to terminate Idaho's Agreenent relinquishing the U.S. NJclear Regulatory Commission (NRC) authority over byproduct, source and special nuclear materials and to reassert NRC licensing and regulatory authority over these materials in order to protect the public tcalth and safety. The effective date of the termination is _
1991. Enclosed is a ccpy of the Federal Register notice which we expect to be published in the next few days. We also expect to issue a public announcenent in conjur.ction with issuance of the Federal _ Register notice.
Mr. Richard Donovan, Director of the Department of Health ard Welfare, I
was inforred of the decision on _ __ _
,1991.
I understand he is makino arrangements for transfer of the appropriate files and other material to the NRC.
We appreciate the State's cooperation in this matter.
Sincerely, Kenneth M. Carr 1
Enclosure:
As stated Attachnent 6 l
DRAFT
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i Draft Public Announcement NRC TO REASSERT REGULATORY AUTHORITY IN IDAHO i
The Nuclear Regulatory Comission is reasserting its regulatory i
authority over the possession and use of byproduct, source and special nuclear materials in the State of Idaho.
The action, which is effective on
, is being taken in order to ensure that the public health and safety will be protected after Governor Cecil Andrus, in a March 25 letter to the Commission, advised that Idaho could j
no longer carry out its responsibilities as an Agreement State due to severe budcet constraints.
l Under a section of the Atomic Erergy Act added in 1959, indivioual States j
can assurce part of the NRC's regulatory authority cver the possession and use l
of byproduct, source and special nuclear materials by demonstratine that a program is ir. place for the control of radiation hazards adequate to protect the public health and safety and a Commission finding that the program is i
i comptible with the Commission's program for regulating those materials.
i With the reassertion of NRC regulatory authority in Idaho, there will be 28 Agreement States, i
i Licensees in Idaho are being advised of the Comission's action in an 1
Order (dated) and the NRC staff has identified files which are to i
be transferred from Idaho authorities.
In the meantime, the Idaho licenses, as currently issued, will reraain in effect until they can be revised, if necessary, to meet NRC requirements.
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DRAFT i
Persons seeking new licenses for activities involving radioactive niaterials subject to NRC regulation in Idaho should file applications with the Nucle 6r Regulatory Comission, Region IV, 611 Ryan Plaza Drive, Suite 1000, Arlington, Texas 76011.
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Draft Congressional Letter l
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Dear Mr. Chairman:
At the request of the Governor of Idaho, the Commission, on _
__, 1991 agreed to terminate Idaho's Agreement relinquishing the U.S. Nuclear Regulatory Corrission (NRC) authority over byproduct materiel as defined in Section 11e.(1) of the Atomic Energy Act, as amer.ded, source material and special nuclear material, and to reassert NRC licensing and regulatory authority over these materials, in order to protect the public health and safety. The effective d-te of the termination is
, 1991. Encicted is a copy nf the Federel Register notice which we expect to be published in the next few days.
We also expect to issue a public annountenent in conjunction with issuance of the Federal Register notice.
Sincerely, James P. Taylor Executive Director for Operations Enclostre:
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(- NUCLEAR REGULATORY COMMISS. N _
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UNITED STATc8 -
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c:AsHwaTon, p. c. zones April 5, 1991' 1
i Mr. Richard P. Donovan, Director i
Department of Health and Welfare 450 W. State Street Boise, ID 83720 -5450
Dear Mr. Donovan:
As you are aware, the Governor has requested on March 25, 1991 the Commission to terminate the Section 274b Agreement with the State of Idaho and to reassert its regulatory authority over persons using radioactive materials covered ur. der the Agreement.
Should Idaho at some future time wish to again become an Agreement State, it may do so by recuesting a new Agreement in accordance with the Nuclear Regulatory Comission (NRC) Policy Statement. NRC would require the State to be both adequate to protect public health and safety (per i
the enclosed Guidelines, particularly as it relates to staff) and compatible with the NRC programs, including regulations, before the NRC would consider relinquishing its authority.
For a termination of the Agreement, the NRC will take the following steps:
1.
HRC staff send forth the Commission Decision Paper which I
date, (c)(a) history (b) recommendation and proposed transfer
'i includes proposed Commission Order making Idaho licenses NRC licenses, and (d) draft notification of press and Congress.
2.
Chairman Carr will respond to the Governor's request by i
registered letter of the Commission's decision.
3.
The Regional Administrator will send the Comission Order to -
i all-Idaho licensees, including Governor Andrus' letter to l
Chairman Carr and Chairman Carr's letter to the Governor.
4.
Region IV will announce workshop (s) within the State to be conducted by NRC regarding NRC's total program of licensing, j
inspection, fees, etc.
We would appreciate receiving a complete mailing list, including telephone numbers, for all of the licensees in Idaho (specific and general) to enable an orderly transition for the State, NRC and the-affected licensees. This will enable us to send timely notifications to.-
them about the transfer of.uthority. We would like to receive this list within one week from the date of this letter.
i i
l 1
i
?!r. Richard Donovan 2
APR 5 1g;1 When the Agreement is terminated, we plan to send NRC staff to Boise to physically pick up the license files for transfer to the NRC. License files would include:
- a copy of the current license including all current amendments;
- copies of underlying applications and supplementary materials provided by the licensee in support of the application for the license and subsequent amendments;
- copies of pending license applications and requests for amendments under review at the time of the transfer, including reviewer notes or other documents that constitute an interim record of actions taken on the pending applications and requests; copies of inspection reports and associated enforcement correspondence to and from the licensee;
- copies of other reports and other -correspondence received from the licensee including documentation of telephone ccmmunications;
- copies of reports of sampling, testing and analyses conducted of licensees' operations or surrounding environs;
- copies of other documents normally included as part of the Idaho record for licensees; copies of registrations filed by general licensees who are subject to registration requirements; and
- copies cf reciprocity notices filed by out-of-State licensees for work that may be in progress at the time of the transfer.
With respect to pending licensing actions and licensees overdue for inspections, we would appreciate receiving separate listings of these at the same time you send us a r. ailing list of licensees. This will help us plan staffing assignments for this work. We would appreciate receiving a list of licenses terminated by the State and, if the files are still accessible, would appreciate including those records for transfer to NRC.
If licensees have buried radioactive material under either specific authorization of the State or under authority of State regulations, we would appreciate receiving a list of these licensees and the pertinent records.
If any sites are known to the State to contain residual radioactivity resulting from contamination by materials that were subject to the Agreement, we would appreciate receiving a listing of those sites and pertinent records.
s Mr. Richard Donovan 3
App ;
3;g Other relevant records or information not specified should also be made known to us as the Agency asserting authority for the protection of the public health and safety in the State of Idaho. We request all such information including records be included in the files and records to be transferred to NRC.
Except as noted these additional lists and records should be made available for transfer to us when we take possession of the license files.
hPC plans to inform the public of the tennination of the Agrec:nent througF a Press Release.
If the State plans to issue one as well, we woulo like to coordinate the releases.
Please advise us of your plans in this regard.
The tentact for the transfer is Robert Doda, NRC Region IV State Agreerents Officer.
He is located at 611 Ryan Plaza, Suite 1000, Arlir.Ston, Texas 76011 and may be reached at 817-860-8139.
in rely, g
Carlton Kammerer, Director State Programs Office of Governmental and Public Affairs
Enclosure:
As stated
I
{' ITER 'ATES NUCLEAR RESULATOR *!OM. ASION GULES cod REGULATfhs
. wrrta te, cuarran t.ooot or papanat maoutATsons-amenev COMMISSION NOT)CES POUCY STATEMENTS l
AGREEMENT STATES i
I as ea 7 sac Pub.L etW3?3 milch wee enacted a the would be sompatible atth that of the Pinhe=eservet dure of a new sectase to the Ats alc NRC.The eriteria were circuhied
{
8'hrt*= 1/ Eke 1 Emergy Act ($ecties EP4) and approved amons States. Todersl agencaes. la bor by the president se Se and industry.end other esterested and amended by pub.ptember an,3sse Amenese tw P5 owwehas 7/ts/s1 L 6e04 posps for somment Gao r R asses) ene 7/21/E3 las Fn 33776 oppmved November L15 & Nee 4.The erlieria pequire that the Stote 1
eriteria em intended to ineente lectors setberity senalder the total accumuleted -
Cetteria for Guldense of States and wh6ch the Coeuruselon beends to
- CouPetioma! radiation exposure of WRC in Disconunuenee of MRC eensider in a ving new or amended individuals To facihtete such an Regulatory Authority and Amournptiori arremute.
y em est htasided to appeech. it is the v6tw of the NRC thei Thomof try States Through Agreement hatt Comunission diecretion h r; ewing as mereU re&stice protection prog em tadtvidual agreements or emendments.
le destreble.The mattmum seppe of
"'I**' I'T"I*f7 h accordance with these atetutory each State's re& sties protecties provisiona.when en esmement between pesyrem is not however,e escrosaber Acwasc State nent of pobey, a State and the NRC is effected.the oppropriate subject lar severese.im Commission wCI discontinue its criteria.
- 1. en artierie a=e awasesAnn The Nuclear heruletory CommJssion has rnised its statement of segulatory authority enthin that State etteet on the questiam of utetimer a Siete phey regarding criana for gulduce of ever one or more of b foUeming ebeuld hewe a total soplatory program Efeles and NRC in &scontinuance of neurials. byproduct snaterial as denned severing all eseems et radiatien, NRC reguls tory authartry and in Ee-tian Ste[t]of the Act inclu6ng those mot esbject to austral by assumpuen of reguls1o y authority by (rs6oleotopes). byproduct ma terial ee the NRC ander the Atomic Erage Act
(
States throu6h as vessent This accon is def;nedin section11e[2]of the Act(mill sech as e esyn.re&am. escalerstors, etc.
tausars or wesust source mawrist
' Wu mined ernaria ymnde far eeg. to make editorial to opdate the polley statement le (oranfue and thwiusel special aucker J,;ints as agrumet for e Sta tas to enter into ayeements Ier low..
m krial (uranluse 233. eranium 235 and dry. rate seterary of meterials, namely.
leve! waste sely, and to locarpersta b plutonium)in quantiles not sufficient to Icw in el weste materialin permanent -
provistans and requirements of the perm a critical mese and permanent dispotal faculties The) mise paeride Ursalum EU Ta2inge Ra&anen Centrol
&sposal of lew. level weste sontaining new criteria let Status wishes to une or snare of the snelertale stated emntimme vegelating maahan and theries Art ofit?& Adoption of this pobey wC; aDuwlatmeted Stalas to enter imio above bet not lacluding mDJ WI!mps, processing and the moetes q ayeemeau wie h NRC and regulaw 1 An as= ment may be e!!.cted therstrom ander the portelses of me low-leve! waste aftas only. Ad&WomaUy.
I'twese e State and NRCdt) spon Ursalem ED Teamy Redisues Centml those Stataa that meet & srtterne for
rtiacamen by the Governer ht abe A:t of 3878 (pshs L es eDel aftse the seguhtion of uraniuss mGle and State has a preyas der he sentre! of Nmvmber L test.The sciend artierts ta!11 ass may exercise regiJetory selbeam hasards adogsaw to promet M matek e aunhar d e&mrtal sothertry prer these sources as provided Ohe pubhc hea!Lh and Safety with fespect
. sbasgos sees as AEC en NRC by the UrsnJuan EU Talhass Ra&ation h the asteriale within the State severed when opmeprkw m anfan to ymest Control Act ofit7L se amendetL by the d spoement and the prentice and low.
The revleed statement of peb State to assumme regulatory
& Ingstries ahmot desses of 6e raSects b foDowing principal h e88P""*84y der such asteriala; and (2) mherte e oGer espun of en pEtC 1.headi6cauon of Criterien 27 to aher a teding by the Cummisslee that EtudereMaste Balsens pteyes should anewasaato.eekas iis the soie program k m esserdanne with te addressed = en naim of saw te esguhnen oflow le, as a es seguirements of asheesues e of
-preyams.UA fissiner Regelatery esparew astesory, semien are and an aR ocher respects Commission,Weektsgesa.RC, mass.
L becluetos of addlesnalartieria for esapetfble with the Ceumission's Chdteris 8 Sutes wtah.as to costleue regule popen for te segulassa of such arsaJun and thor 6ura presenaars materials, and is adeguste to protect the mEl talhnos aher Kommber a sest.
pubhc haahh and safety wtth respect to Ensenssima AStatesupdesary -
& E& tonal and clartfylag abanges to te estattels esvered by he propeeed shaB he a
the i
make h statsenent oorsat sysement It is else messonary that the and of pt I
catta nas poucy stata===t is os cove State have emahless legislation sodioelm Jumary an.sost.
sothertehe su c menee to enter anio andlesiss neesens amedmin,e see suomen immensaarses meeraer:
soeb m symment John T. Kendis. Othee of State prograea
& The artginalartierts were @W U.S Neckar Aeeuletery Casemission.
en hiarch as,seet las FR ass') efier
'm comme.w ene easy s a pensum,som wakinaten. D.E aosas takphear strl-
- "imme with vertens state otticials as sar;,m,me,,s, g a,,n,, myan,g ass-yrst.
and other state repenetsthes, to a,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
Smenewtaery eseeannayset prmide guidance and ac6letence to b umans em % W en ga gueysmus W states ead he AEC(now NRCJin 1r--
-- -. ens oisemmens semesi a ment.
(
. LThm criterse won developed **
devekping a reguktory yeyam much we'e'er'a'8 *== **=h"e==n s=umman=n=a
=*ew 8e he luepkmeat a prog am. euthoriasd by rw ammes = es emm 3.
a..
85401 iO8tyvemiter 30,1988
k l
POUCY STATEMENTS r
A Krandards The State regulatory and maalfeet erstman) abaD be in eetherity shall be eetherland le Frrrrem shaU edept e set of standards noserdenor with to CP1t 30 h&vidual saaes to empene additaanal for protection against red.st on. which The wute disposal standards shel-requiremects to protect bea! b and shsU epply to byproduct, source and teclude a weste classtriceuen scheme saferv or to yant aseeseary enemptione specist nuclear meterials in quattues and provieleas for weste forra, erbich,wtU act jeopardsee heel b and swt %fTec ent to fo m o critical mess.
apphcable to ween guantelera, that le safety.
E brifor=uryin Aed; bas Standerufs egelvelent to that sentained la to CFR It is imports.nt to sirh e for uniformity in part st.
NKoehssesse(h(h Adeaersak technical der.aibons and tantinology.
(b) land deepenal of waste,,,,i,od perticularly et related te such things as Irom other persons The State shall R Mar #tensatism a(Nammede end uNts r,'stasu ement atd re6et:on visete reguletiene sentelming Shen Escaphases hs Ibe present state of dose.The*e shaU be uniforadty on ing requirements for lead disposal knowledge. It is seemsmary h vegulatists ast!:nm per:nissible doses and levels of sedieneen weste reestved beau ehr te peesseeles and nos er hypredset, of to6ation and concestraeons of persons wh6cb are afble with the eowes and spoeial madear meterials eadioscuvity, e Exed by part 20 of the apebcable technical pens.
est to State segulatory sotherity NRC readstions besed on o!!icisDy parlermanes obfuegves,tushateal sogaire the =8da='a= ef amformation l
spproved to Lation protector guides.
seguirements and appl 6 cable seppeting on, and sealeeten el to potential i
4 Tc clOcc.;pohoto/Ac4cnon sections art forth in to CFR part st.
basards and the sepoldsty of the eser se Laposer The rerWetort e5thority shall Adequale naancial;.;;- - nie (onder peessasse to bh seanipt of the consider the ioieI occupa banal re La tion turne eatsbhehed by regdetien) shad be meterials.
erlierica le subject to exposun ofin6sidusts inckding that sogstred of each weste dieposal site eartete easeptises and to ammtisoing from sources whach are eiet regulsted by Ewnese to ensere somcient funds for 8eeppraint as knowledge and it decantamination. elosure and expenance in the elesalc energy Beld L Surveys. Moniuriq Appropriste stabilisetaen of a disposal efte. In herseas. Frequently there are, and surveys etd peonnel monnoaang under ed6Uon. Artement State Anancts!
hemsingty in the retwo then may be, the tJose supernsion of technically arrangements for long term manJtoricg estegones of meteMala and sees as to tempetent people are essent,a1in sad maintenance of a specific alte must whichWn is eulhoest knowledge to achievmg raioletcal protection and a be reviewed and apprend by the permit ponession mad use wiket prior shaU be mede in determinirig Comades.on prier to nllering the site evaluation of the basarde and the compliance with safety regdations.
operator of beensed roeponsibibty espab!Dty of the poseenaar and weer.
L lebels Sips. Sysnboh It is (sectaen 1stlaX11 pub.1. ebcs).
Tbm setegenes faU into two groepe--
desirable to echiese ureformity in thou matenals and ones which may be.
labels signs and ennbols. and the enepletely saampt from tory ocatrols, and bee me and mees posung 2erec!. Howeser,it is essential In which aancticas for misuse are that there be uniformity in labels. signs.
maintained arttbout pre evabneham of and symbola ethed to redacechve products utch are trar.sfernd from the in&vidual poemanaisa er ess In to. Aryuletions Ccerrning shipinent eethonsang reesord and development penon to pe son or other acusities hvelving multiple F.bistruction. persone working in or (Aod,ooctive Meterials. The State U to the extent ofits funs6ction otes of red.mactive malersels. when an frequentir. notneted anos 'shau be instrucied with respect to the beals promulgate regdations applicable to the lasutebon has people with salenaar rish anocieted mith exposure to sidpe ent of rasoective esatenals. such training sad expensaca. tbs State redioscuve metenals and in precautions npletions to be compatible with those 8egulatory authority may wish to to sun.:n.ze exposure Workers shay established by the U.S. Department of Provide a means far selberiming broad have the nght to request readstory Transportetion and other agencies of the one of materials wisbeet esoimeting each subrity tr.speedoms as per to CDL 18.
United Statee whose furisdact>on over spec $c mee.
sectiot 18 it e.cd to be represented laterstate shipment of ecch metenels 14.Krafeekse CMardet be eeolusting during inspectons ea specified in nearesarily continees. State reguletions e proposal to one rednessess matenals.
sectoc 19.14 of to CTR 33 sogarding transpot=.stion of re&osenve 6e tory authority abaB deternim i
& Storate IJcensed radiosave meterials must be compatible wuh 10 the ency of the apphaest'simedbues metenalin sto'ere ehst be neevnd OR part yt.
eng sefoty.ga -=, his trainha and r
esaltsat uneutbonsed remosat.
St. Accorsfs andReports The State esponence en the one af te estariale
- 8. Re dioactive Waste Dwposal.
ngu! story propea shaU require that for ae purpose esquesess and ble ~
bolders and users of re&osclive proposed administreuve soments. Seetse
- $'d j"'
- ii*l' I*I "'I"I*I* d* wunns should deteisp geldamme desumann Imr sf suresuna.m ape su byla m e h Ws rodsoacuve meterials into the air weier and sewar, and bunalin the soll shaU be oms.and Maf meterials;(b) ebeMe emesiseset orth hamhg h eeoordance with to GR part 30 heep neerde of the seestyt and consfer and segels guides ter umulous l
of ime molarials;(t) supert sipdracmat estagertes of assution.
Hendere of ndioecove mewrul %
hendente lavolving the melanals, se SA Names idse.The ese af smessasse to niesw or depen of geandten or D esNefM UEN 9-eatretierns afIndacective metenals
,d) make available spam roguest of a SN*ll not be permetted by h enoon of praecrbd hauts sheD k seguired to obtale specaal peamission mployw a suport er the 96 caldedpurseme drum the approprtens regulete y mapleWe exposere le se&eties;(e) et phaeleiens) passassing eethertry.
regvest of en employee advise the prescribed *=== equerlease in Gne Requiremente lee transfer of waste for empleyw of his er her amamalredastian ese of seesissespas er Wahma the of n!tunete espenal et e exposem and (f) Inform med employee Augisselme disposal tecdhry (weste grenere, h m rihas when the empiepos bee suertved reesties espesure k emenee og R Assuoma,7)egummspr.The.
oemned me arnu e wm os-s. i, the prescribed batte.
gemenseme and use etseamaserve 4
when a vc : % u. a
.r n, s. e.,m
- 12. Adebteenal Aeguarement and meternah abaB be emblest to inspession 1
enWees to te,_,esiberter and abas he br the regeleury O%C, no."a.,L',"'7/J,f*e*.", '"J i
EueWeas Ceasietant wiib the e.oren
- af emen, se artsene bm enumerated and to wes ena n er m w... nww emans aMad a sepsis. room er sees s e e accomthodete special esses irr fog 4 Ired by 8e f4eleM
' uem%ses maa te w eoen e. s===d cirtuastences. the state regulatory k'epection and testles is to
('
drierumme.and to essasi n ehemmhg.
November 30,1988 95 AG-2 l
i POUCY STATEMENTS sounpliance with segulatory of evolme6se and leapectism af aD of the Kenec,o/NucJoer mrerial soirree uirements veriees uses of t,r M sower and marioland Tritium regency of taspechos shall be special seclear meterial misch might seleted direc0y to the amount and hind asse to the regulatory body abould han 31M4ena MoeMr ao @cial sobetaanal training and estees!
g,,,3,,, m fj,y, % g,,,,,f,,,g i
of manertal sad ype of opernhan kannaa& and st anaD be edagesis to sapenesce is the Aeld of sodaeu"se 7yisium. Nothing la N 54 ate's huere esophaman.
prosecuenL lt is desirable that sent a tery preyam abed noterfere with
- 27. gnepectons IJssmens deun en the holder d h e
obaB be moder ebbsenen by b;w to peroom hen a bacheler's dayee se meterials by NRC ist ensepla. b equivalent in the or his g,y 3,,,p t to the NRC on NRC i
prodde acenas as essences, and V. detion prescrbd forsu (t) transfers of special SO'4* */
'I ye**ec#ee-hispectorL IJeannees an escGod to be anclear sisterial, source ma serial and It is recognised that there w!D also be tritian and ris&c brvento data.
odvised of the reestis of n - -- and to sober es to whether er nos they are to persons to the progros perforede g a 32.
Mosenal hard.
emapha n amore hodted fenftion in era)asuon and spects madear meteriau geantities hiepectiott Dese persons will pe form not sufficient to forin a crincal mass, for E.aforcemeng he day.today work of the espulatory presset means arenium
- 30. Inforconnent posenesion and m program and deel with both eeutine onnche to the lostope U-235 in Mn&oseon maanals shouW be alteethorus so weD es saane which wfD be quantities not encoedmg 350 gremo of
- menable to enferoement armedesa3 ein of the ordinary.nese persons sentained U-zas.orenium 2n in sancunna. and the regu! story authoney abot.1d han a hochelor's doyee or quanubes not escoedg suo grama.
sha!! be equipped or sosisted by law equ&ralentla h ph ical or hfe -
plutonium in quanubes not exceedes with the secesury powers for preempt eescacars. tattdag in alth hyenes.and 300 g sens. or any combinahon of them enforcement Thq may indude. e a h
mo n'ud d b Mme d h fdm i
apprepnata. edtranistratro nroe6es saperience in the Seld of re&stron formula For eoch kind of rpecial lookmg towerd issance of orders pem der wenal, determme the rauo -
requinna efTirmsuve seboo or We long m comidend htuen h wntit d h sped sospeuten or revocabon of the right to desinble quah csbons for the sta!!who nuclear rnoterial e h quantity i
mill be res oasible for the aetwal possess and ese malerss!s. and the performan;e of eve 19stion and specified above for the sarne kind of i
c special oudsar materialne sum of l
impouneng of matensla the obtsW of trquncan rebe!. and the imposing og enspecuan in addition, then mill occh reties for aD of the kinds of special cM or canal pensfoes, probably be trainees associated with the muc' eat matenalin samhinates should regulatory program ewho will hase an act esceed T'(La. malty). For saampla.
Jarrs w el ocademic backg ound in the phpical or b
guestdes la samhause 20 Qualifactions of Arrulefory eng hfe sciences as well as earytny ameents would mW campad h hmP.ausa am8 are taspeckon hrsonnel The resulsIcry
'I'P'DiEC'i l' E* D8'l work wtthin the Isruela, as lainews:
(
agency sha!! be staffed mith subent protection but Lt or no octua treined pereormet pnot enluadoc of experience in this f. eld De background apptcanons for hcenses or and spec $c training of the6e persons U S ( p es contained U 235) * -
euthensaboos and ins cuon of willin&cate to serre extent their MO hcensees must be con acted by persons potentist role in the regulatory program
)
ponening the training and emperience ness trainws. of course could be used 50 (yeas S U4,50 (pass Pid, 3 erlevant to Lbe type and level of init ally to eveloste and inspect those re&oactivity in h propoud use to be applications ofudioecun metenals 1
l ovalasted and inepected. This requires opepeteney to evaluete venous rd I
en is dehntuon is subject to shange by standpoint. for exempk. Inspection tum Cammissian smie w ngulation.)
d man a d industrialgeuges. amall rmarch u m sererien todiosetne unateneland todudes Nams. and 6sgnosuc me& cal eencentntions of re&oactive materiala N '** M
- E '***""* "*d.
,,, T,,,,,,,,,g,,, g,,,,,,3,, g, g,g, d
and torparhal edninletration of in air and water. con &tions of adeldag, g
g' latorylaw tecladas proelelse lor the makir,g of redietson aseeeuremento g
in,
eg, gp, g be participsbon where opproprieta, knowkdge of misdoc inseuments--
their sekstors vu and cahbration."
re&oective material appbcabor.s. k is should k hoorporowd h pesadiras I'". Forussistian of relme ofgeneral labo oto7 design.contaminetion deerebk ht each treinese hen a bcbim's w aght h h e
samtrol other general principles and preences of roestion protectier.and ph pical w edsream and spec $c hambikty; ses of manesem*nt esetrols to assunne hing te ndishem FWessist la
. Apprortes er dasyhg opphastisas edhemee to malety poemderes la order determinang h eagerumment in I" b'** "h*d#'" 8"""'
to evoluste some assiplea esses, the scedesde Welstre d Ameendmans b eB d
- '" d*' A*I' *"O State regulato staff mey ased to be the lorogehg est pupw e.TJing dise5hmery estems agetast emnddem han h e en a suppkaseted sonealtants er mher -
State agencies with esperuse te pology.
equivalent eenpetency whleb has has 4;w -
hydrolog3. wster quahry. sodsobsology sained by appropreste technical and Arasuisasen : 7braissemetsudigJac and sagmaring escephase-sahuan prowcases espertones.
at is reesynis gm Te,e,f.r. h i.~oked h
.et.rtei, s.d.ed.that anhance d Seew absol,d,,* *
., e s e,e s, eer w
oveisasse and hepocanon. It le deelroble anet the sealuesen and tiepeanien.
enat tiere he persoonst eduestod and Sumstimme wSI require skSie and
[ end should postde tralmed 18 he pbyeloal and/or hie esponsnee la lhe dalferest deadphase
,g,,, m,,,r,g,7,' 8" omskri be i
adamen. hdudse bbiogy. ehemmietry,
,,g,,, ty,
, bye-and er-ew which war met alwep sem.ide in so.
, ween.eise e sd s.d h i h g,
i ne ro,e o h oms.6esid
..ad
. h e.m,os,st
.e orte, e hr
,e e.d,, e,,,
/
expertroce h red eties protectiest For la its emple'y or at its command not emph w e 4
emaapk.h person who wC1h.
only for restine fenchana, but also for
- p,nc,g,3,.me.al gj,,W,,,, W,g poepenalbie for the scenelperformaans emergency cases.
33 e,, a.p w a= h an==sene die PS.AG.3 M 38. M m.
k A -- -
t
(
POUCY STATEMENTS d sect 1: nuance of jurisdiction.
Arrugementa should be ansde for the reclama uen or other bonded setMry has arrepr.ste artsegements mG be made reetprocal recer.:Uon of State beenses beta perfor:nsd. funds for h purpose i
b} NRC ar.d the Stoe to ensure that and Feders!licrases in comarction w!4 e.e not to be trea fermd to k Tederal l
there mill be no interference with or evt.of thMuris6ction operations by a Cot ernment h funds anuected by the tr.terruption cf bcensed scuvibes or the State or Federallicenset.
5:ste shad be satiscient to ennen processing of heense opplicanons. by as. NACaMDeparumM sf Ena77 comiphant.e wnb the ruralatsens b reaser c! the transfer. For example.one Convoerors.m State should prende Comuussion estabhshes pursuant to errrosch erught be that h state in exemptions for NRC and DOE Secuan 1stX of the Atoonic Energy Act assWeg fuMdicDon could recogn!se contractors ubch are substantally d la h essmances d becasu. an s*.d cent:rve in effect for en equh elent to b fotowir4 exemptists:
opportunity for written samunenta.
e;;rcpnoe ;ened cf ttme under State s.Pnme contractors penormhg work pubhc hearms (with transcript) and la w. e osims.9C beerses. lacludm3 he h DOE st UK Cevernment owned cross esaminatsoe is erguted.
beemsa for a hich time 4 saphestions or controUed siter,
- e. In the lasuances of beepes. s fcr reto s1 haie been fJed racept k Prune contractors performing s e eten J.emination of the action to be 1
mhere goed esuse marrants the earlier e.seersh in, or development aden tar.J wpon evidence presented I
reemamat.en or ternnauen of the manufacture etorete, lasting. or daring the pubbe counment period and Lc,e r se transportation et enomic weapons or e6heb is subject to kdedel review is
.6.a,fe:,ge,t1,A7'dd canponenu &' of.
vequired Cei ewcri ont 0. Arr Srcles There
- e. Prime contractors sains or opersting gAbememseeke_..
pr6sr to s%cu d be an intercha ge of Teders? and mudear ructors or other anclear emme rum af see seenen emesesmoment
{
n
$:sie m'errester and essistance in devices in a U.S Government owned amaba soweisend h Creusen st cc-r,r ' er W tFe >i%ance cf whide or vessel and 3 An oppe-tunity aball be provided repeneri and 1. censes or
- d. Any other pnme contractor or for pubhc partecipation through written j
- a. ecru ets its;ecuen ef htemers.
subcontreetor of DOE er NRC when the commesta. pabhc heart:4s. and ja6ca]
re;r r cf menfems and no!a' is.
Sioe and the NRC tointly deternme (i)
M* sew of ndes-asd tra.n: g and ed.;capen r*
thel under & terms of the contraet or 30 In the enactment of any supporting erns 2r Co.c m e A TeremeNs.
subcontract bre is adequate leghteucc. the State should tale acto Arc recq. An as eer ent prev 6rg for assurance Nt b work breunder can ocmunt & reservat>ons of sethority to 6stertmuance cf NRC res Jetory be accomphshed without undue mk to the U1in UMTRCA as stated in to CTR auhont> and the sisurepuen of the pubhc health and safety and (0) that mua aM aumanaad by the regdsto7 authon'y by b State may the asemption of such contractor or ISUowind' re:sie to uy ene or more of the subcontractor is authorized by is w.
a De estabhahment of =W-ura-icSomr.g categenee of matenals within as =A rds governing reclamatsam. bant-the Stoe. as cemee;Jated by Pubbe Adational Criteria for States Regdatie8 krm senmance or maissanance, aM Law M-3?3 and Putte Law the4 Ursalum or noriu:n Procassore and ownerskp of & byproded materint a Sn oduct : Cenals as def.ned in Wastes Resulting ner:from After k h determinatsom that to ths Secten11el1)of the Act, November 4,19t1 terminaboa of a bcenas, the haa b Enroduct s;stenals ae def.nedin gg, compbed enth decastasnimatace.
secucn 11el2)"of the Act decocuussiacdng and esclamauca
- c. Source c:stenals 29 $ tate statstes or duly promulgated
,g,da. ed % esqu,ir-u d Specaa ou:. lear estenals in ferdaucu abould be enacted if not for sites at which b2peeded materialia quanubes not ad5 cent to foa:n a alrndy in piece, to make clear Stsis p,,,,t enbut mass.
authertry to car =y out the requirements
- c. h requiram est bt priar to e tales el mastes in permuent or PLbbe law 35-604. Uranium MiD tardsbon of any terau for byproduct deposal facataes as defeed by ststute Talhngs Radiabon Control Act maurial as ddlod h h W21 d or Commluton rules or res Jations (UMTRCA) as foUows:
the Atomic Enargy Aes ac lot any centaining one or me*e of h materials
- a. Authertry to replate the ta!!uits or activity that resub in the W d sta ted i: a. c. and d abcvs but not wastes produced by the extraction or
,g,,g,n,g g g g gyg,eg induing byproduct matenal as dafsed concentration of uranium or thorium smal and the 4sposal siu be in Sectaan Stel2)of 6 Act from any are processed primsNy for its transfeard u & TWwn!Go-t but must relate to 6 whole of such souns staterial content or State at the eption of the Stata, catege y or categones and not to a part b ht an adequate surety (under p,,.ldd such opboa h sur'and W of at:) category *1fless than b 2ve terms estabbshed by reguleuen) wiD be w ternnauoo d the t-catesonn are anduded in any provided by the bcensee to assure the d h ru % h @ each comp euan of aD requirements
,,,ngg,,g,g,,,,,,,,g l
&scontnuance of tunsdactio:L Ascontnuance of NRC resJetary estabushed try b (cite apprcpriate esserpocy measures dier es bonnu b authority and b assumphon of Etste spency)lar & decontaminabect terminated as necessary es protect the terJatory avbrtry by b Stata of the decostalaslentag. and reclamation of publ4 hat'4 eW adety lie diese others may be accompbshed of tas. etructures, and equfpment used in suterids and property 5se which the subsequent)y by an amer 4 ment or by e ocefunction with the genwetion or 1:ete has sawmed custody passaant to later ag eement absposal of such byproduct material pg,g g g5.e,
ne ag eement may tncu parate by
- c. If in the States' boensing and
,, g,,g,9 a,,,gg,,g g 7
reference provisions of chr documents.
regu!stson of maternal or of ec face w eewwisen esa w both of toduir,3 thne criteria. and the a.ny actM*y
'ch prode:es byprodset tk lam eansferrW u die Umbd Sutes as sement shal: be dermed to snaterial. the Eute enDects funds from er Sute pwouant uWer prehaan of &
surve! Dance and maintenanc%e such LYanium Mm Radatsoe Tamass Centrol theucenose se ste swety for tern tacorporsie mthout speele reference the provtalons of Pub. L aws and Pub.
g,g L tv-p and b relsted provtsions of snatertal k total amount of the funds g,m,,ges,, w w 3 g the Atomic Ene gy Act collected by the State shad be ownersbp ransfer reprenants d transfened to the U.S. If cwtody of the section SS)pX A)
- a E== M e er wiu = e=n d byproduct vns terial and its d.spoul site "h profdie kt ham siskin nr ism v m.= sme u+na e.e '.*". m*d is tre^8i'f?'d to the Federal w.4,ci e.w.. uns et s.nm u er ecstah the prsetsions of Secman s of the sw a==.:ta n as,...
w.4 ewe w
Cor:rnment upon termlnstion of th' Model Act. Det the foDaning mer be ases;eo mwu bsw earsus State license. (See to CFR 15m)If no accompbbd by adoption of eue
- [s2eNr.",S*[. D. Y.'.
defauit has occurred and the procedures by replataca er suh=t
(
November 3D.1988 PSAG8
i-POLICY STATEMENTS ertiara in ary casa. e uthority for italt agency eseessment of the poposed eepertense la rehtien pstection Amplementaton should be adequately project is met odeguate or apropriate.
siecessary to evaluate the easmanns supported by statute. regulation or case However,the be esency may pepare a3d endaelogical eafety especta of a lem es detennined by the State Attomey an environmentel neenment bened a aniwn sensatitrator.Currsat General upon an opplicant's envirernmental h&cetiens are that a to175 total i
b the bconalns and reguletien of ores report Olber eredible taformaties may palessisaa! peroem yeare* eBert le l
prowsoed primarily for thir eenroe be stutsed by the State as nous n such needed to procese e new someenkone]
material montent and for h despoul of taform.auon is verified and documented mii! heemse,la situ hemmen,or major overwat te aseet the seguremmate of i
bmodvet osaternal posederes sball be by the state.
Ubf7RCA.His somber sealades the estabbshed milch provide a wrinen e.When a bd esency le designated emetysis of the empect so the that agency should esordanete ofert for the esiteammatal _ -
l environment of b borneing actidtr.
peparation of the statementh ehr and the h> plant safety seetow.k also i
imelades the see of emusehmatsdieep TWs analysis sheD be evausbie to the apades involved ebeeld povide pubbe before commencement of assistanse with respect to their areas of beh appbcetsome may take imee mee
)
hearings and abaD nnelade:
geladactlee and experties. Factors and is expected to take 1.s to LE S
- a. As emessment of the radiological selevant in obtainlag asetetance from Petessional star pense
- eSert and notre &olog, cal pubhc beelth other egenda hclade the applicable depes&as on the adreamstasese l
secouatored. Carrest ledsmetismo are i
- Aspecta, statutory motherity, the time sequence he
- h. An essessmaal of any impact on orbich the species boemene levolved.
6at they peers eEert gar espport eny body of wetar or g-oundwater.
6e magnitude of thalt levelvenest and and legas etNten ebeeld be one
- e. Consideration of attematives to the telebn expertise with reoped to b escretary for approelmately 2 eenvenbonal mm and % staf yeen for hernsed ecevitser and papers environmental eSecu.
lega! services for eneb amassetested am aL Considerston of long-term impacts la order to bring en environmental eflicensed actvities (see Item Sab(1) essessment to e satisfactory canclusion, cau.We leapect en enviremmental it 18 h48 y recomasended that an traltial 28All#nns leboreury espport serviets hl is &!Ecult to asumete bot abeeld be Jlag4 Limas crop document be developed wbcb
- 32. Stau note 5m abodd be elearl Watn the area and scope of added into the peroomme! segudrements.
In ad&ues seassdestian should be neewed b ngestey micements, work e be performed by and egency pS en to various =Mttaaaoss post-I and when neoruary incurrporete wggga, p,n g;,, eg,37,33t hcensing ongens activlees tasse&ng the regulatory langsste misch ta equivalent
& Fw bu pus in h issuance of minor====Ja==ts.
to b extent ptsencable or more "4
etne,sent than rerufsbons and standards
- "Y,"'***'*[d* "" b't inspecteens.and eretreamental J
g3 Do e8'n'Y sweshnos.It le estimated thet these i
edopted and enforced by the y,7" umc> ni e P ru * 's deau i >>
m o,
&mm Comtese,. se,e,oed by s,c on o Pgen en pe con years eHort per bconsed fodbry I
P PD 376e twe to Cn 40 and ta CFR 3, '
bS
,q pu para loner being the esas for a
(
"U provisions for obtaining outs de y.These de Orre..irationa/ Ae/orions.h!ps Wahin consulting semees. la thou instancu gd Power the Krosas where nongevemmenstal const.ltants an utfWd procedures should be
- [
% W sppliuuens 23 0 saniutionaleelabonships established to evoid confLet ofinterest 6 Eausw W manna m g -
should be esabLshed which wi3 censistent with State law and dah.
rede%uluk%
prodde for u e!!ectve regulato*y D AY' E**EI '* **
N*
sultan cornised for construction and operstion, tahrys their experuse in emergency medical la addition to the pereennel a Charts abmald be denloped which restiers. euch as the Oak Ridge and quahncations bated la the "Geide for abow the management organaution and HarJord Na tional Labore tones. relating Wud. g,Su,u Radenen Ceu d,,g, knes of subnry nis clart should to the intake or uraMum and its
,g,,, g, y,g,,g g dense the spenne bnes of supervision d:a;noss kreof associated with es repletery suf errolved in k from pmg-sm assagement within the arsNum sming and Nmng should be pe#
posses (Rahomembbuld es&ston centrol gmup and any other hew ad&GamalWahntag h h M d
a 6 ses a ce Dunna the budget prepareh m.b Health Phreias and Eavsemmastal rcost b the g a cn o eraNum pmcesetng and &sposal of State should allow for fun &rt costs Aeussments.
P eher has talhngs When othat State agencies or encurnd by the one af maneuttants. la Q areemaalis soginnal omces are utihned & Ws of
.d&r~nneano aboad be
$r$$"E'NLa
$$"*%~,5%a5~.
5*"?.n$.emeY6.e#
so mus..d ad-st,auve pe,s s.i w be.se.nusenasee e pareennel tree ehr state Departments and,ese heis e,a dgree b hose States that mill stilise
%f
,g,,g,
T*d"*I *f'*det in paparing the f the hcasse apphennes saa een with the seguirement of CA and thsee etterna.The envtroamental eseesament should identifsd er asserdag to the designste a Inei apuncy for sapenwn8 fa
- J arrangemest im W sah reeuwees and sow &neting pmpareuse of this Adatalewauva; and Sagspart.
seansble sba5 he dommasalad one as easteasustal saa=====at k is
- a. Adminispeuve per==manf are 6eos en hitsregemey mammamesa of aerir.elFy expected abat b ra>ies p.me wk we pywes w undmohading and amatumed by I'', " !y mammenda, sostews and hadpolery east asseure, be h
ncy m
artWoos assassary to assem g,,sess, yb Sr Opueruf bt the lesd esency le to coeple.ans of the keenstes sesien.
EThe States abeeld drvelop pan the anwonsnan
{uhsauce of an opphcant ey
t Support ponemos! are thans pareams do povide essestariat assrical peandwes Ier besassau, tospeseten, and
- ntvonesa:af wport la Les of a lead emlegal and laborstwy sweism P'Pareuen et ment=====t=1 4
(
Technluipersonnel are these amanements.
.e, %
,,,,,,,,,,,m, % g lad.widuels who bewe the tralales and e.Laer Wrg bep=nesea-p.m.n it)lJementes seelestimme se
~
PS.AG 5 960esettbar 30,1988
POLICY STATEMEhfTS
/
I aweesments should include t> plant (a)Essiogy:
Anscrumoussesise re&ological safety aspects in (b) Eavtr====mht e5scas of alle l
occupst onalortestrteted arus and propersuas and facGity aposeracties se both Asid and lsberstory 3L he State absold beve ordable environmentaltaparts topc bons in seversument and bleia:
sometricted artes from b ant.
(c) Emytrommental asects af mee and
>,trumsateuse sufrastasi es susure ne (t)It le espected thei the tate wm essharge of 4saminah and feelut and hmaen's asseelafmeksians and to soview, eyeluete and provide idl Emsnemic and smetal seesta-omhdate the benesse's aussemeussets, documentatsom of aben evaluatices.
- a. Amapactsard e.The tests wG submit les het of hans wbfch should be evalueled are:
(t) As a mentassi,samms whist abound hustnamentstusa to abs fetc aar soview.
Ia) proposed actones; he taspcted er todeded dartng the Arrangements absmid be ends Ier N) Scope of ropo*ed scuen:
inspecuan of a esassen m2 ebsidd enkbromsg sush assipment.
P i
c) Specific scevines to be
' ^+i adhere to the lisme evaleeted in abe to.
b Labem typ lassensnesten 4
i d) M-wtrative premeduree; plant sanrty #eview.he pdasspa!lesume absold be e ble la e 9tsee er (e) Facility orgsattalion and sm&ological safety responsibabes.
gesammended for tuspassina ers.
arough a esmanarcialearvtan has (e) Adsministraties:
6e tapb&ty der gammetteWee and asthor10ee. and personne!
geahncahans.
(b)b611stroult testades any ge*htspre aan}pis of sedssoushdse memsdated wtab aneural eremium and its (f) Umetsee aa&ts and inspections:
edditseems, deletiene, se strcmit changen.
docey chata,presnargy$sas Re-mat (c) Ascsdents/lamadents:
(g) Rasabon safety trawng progreans for workers.
(d) part 2s er squPralset regadrements -
%.430. pkast and Re 322. In a variety of the State, of sample snedse essb as wfil be (b) Rabsbos safety program, control le) Acuen tabsm en previous Sadaags.
essenmis,vd tem as esserenomatal and monitoriy (f) A mill tour to eleterudM aasnplug program, (i)Restncie ares markings and Analysis and dete reducasos bem access control, sempiaance wie regulations and besame laboratory analpacalfacshtses abould be s
esundatsons; (J) At ezjsted miUs. review of steilable la the beenstrq and ins a>onitonr4 data, exposce reocds.
(g)Tathrgs waste management in autherlties is a timely smaamer. pection
'(
bcensee av&t and inspection reco-ds.
accordance wig regulations and bcenae end c:ber records en!. cab?e so es st:ng co-itions (see NRC Reg Cnide 3.tu).
NarmalY & data should be ers!!able (t; Records; Mthin 30 days of sebastrial State eni!3s;
&} Erwironmeetal snonitorint.
(Q Respirsto v protection in ecceptabihty of goshty assurance (Q A)
PJ Tant gency procedures.
accordance with Lcanne smactions er 30 progra ms should alas te setebbsbed i y CTR Part ta h an@lleberh re&olotkal (m) Product transportation: and UlEffluent and envir==tal
- c. Arrasgerments absold also be sionitorittr-
' U se that a large ammber of (n) $se end ph sical decomm2ssknira procedees, c$er shar. ta,Less G) Tra Wng prograins.
es 2 a variety d me&e lo)Earployee exposare data and (1) Transportation and shtppiri raa tag frost a sejar al ens be.
in e atme ervae that sell! ellow biosassi prerams-(m)1 sternal review and av&t 67 b L-rmeema!Aucumcat management; the decsssons to be made engardans I'
tilThe ennrorenental es sladon (n) Txt intsev>ew; and public baale and safety.
5 sheJd censist c.f a detaaed and (e) N nettaa report docusientire
- d. Arrangements abound be smede to docurrented es alat.on of the iciloming
& resats of the bepection and Ladings
- pte h & Emhtal items se d h m acy quality usurance (a)Topog'sp4 (2) *a ad&tiert the laspectar ehosM pegram tw beratory h perforrn the kAlowinr (b) Ceolefr.
(el todependent earrep and (c)Hydrosop and w tar quahty:
santplire.
sa M m **
(d) Meteorologr.
(3) Additiona! guidance h seateined MN i
(e)!!stLground rs&st;o9 is; eppropriate NRC regulatory and Eschmeseaf W habe (g)1n rim a a 1
atnatiotL st iment N
AMI and Site Decommnor.e4 Prog em.
@)RabologicalDose Anesament m pr p at.
(t l Source terms
- d. 0;croteenafDere Aeris*
(tl1e oddabsa to the reportlag messunr:(JA NudserR@tary h
nN rm t to individuals the b saaes will mest Flaalpuneralstatumsmi af (41 Dese commitment to populations submit la writing to 6e segulatory gobey.
IO Evaluation of tod6elogicalisnpaets to the pubhc to include a deterednation agency witbla to den eher jaamary1 he WS g,,,g,,g,,g,,g,pg g,epdatory of comphance with State and Federal and July 3 af each year, soports specp ug the gespiety of anah of dus y
reguletsons and compartesas with priadrat ream seleased e3 g
g, gp,gyy s
y dose
~
p) Resological istpact as biets enbar Ptegrama 88#
ece vests tbs sia
$nen men months et operouse,h esta aba!! he.
We steammet afpaheyis bases W o heinto to State and the ts) Ra diological monitorire programs.
supersed ta a mammer het wit! psemit to t
pre occupational and operational erguletary aganry to suu8rm &*
pubiac eme Wurts andguidabase j
(t)Impeets to sedacs and potenual mesmal enesties demas as he arbish to Osamisessa husseds to uns in groundwe ter, both geabty and quantity:
yebase.
Gas periodic evolustless e4peausset
(!) Eartrommental esecas of scendenta; gr)ABdetsbem 68 ^ ' ( " and SInte payeas.
- 7-
^
and
^ee shebe gun suavessiaseastanumsensasv:
n)Eraluuon of tathags meshegenset mennestes submitted ter sans time putsde sad Dumend A.Mussbesser. Stat.lacedand ahernatives in terms of reguletsons.
tr)The States are encouraged to gr,quency. Tbs dets erg be suported h5 gndian T)to playasumme af esamine the seed to expand the scope
.,.. r hat we anew to reguatry Govenessen!and Puhhs AAmbre tIA af the enessment sota other areas such.
agency to eseform te dose to sesapeers-ggedser Regelstery Osuusississa.
1 Washkytem DC 3E58.Thl=r 'a==6 -
a as.
g,,yygg
?
.n,.',
November 30,1948 9&aS4 m
(
4 UNITED STATES OF AMERICA
?:UCLEAR REGULATORY C0!'. MISSION CCf!MISSIONERS:
Kenneth 11. Carr, Chairman Kenneth C. Rogers i
James R. Curtiss Forrest J. Remick
)
In the Matter of the Governor of
)
Idaho's request to return to the
)
United States the Idaho program
)
for the licensing and regulation
}
of byproduct material as defined 1
in Section 11e.(1) of the Atomic
)
i Energy Act of 1954, as amended,
)
source caterial and special nuclear
)
material in quantities not
)
sufficient to form a critical mass.
{
}
i ORDER CLI 06 Pursuant to Secticn 274j.(1) of the Atomic Energy Act of 1954, as amended, the Comission grants the request of the Governor of Idaho for j
the Nuclear Regulatory Comission to-accept the return of authority over the licensing and regulation in Idaho of byproduct material as i
defined by Section 11e.(1) of the Atomic Energy Act of 1954, as amended, I
source material and special nuclear material in quantities not sufficient to form a critical mass. The Comission finds that this. action is required to protect the public health and safety.
-l 1
l k0@2.30Nf 1
~
4 I
L n
L Idaho is an Agreement State.
Under the provisions of the Agreement, which became effective Octcber 1,1968, Idaho assumed and NRC relinquished authority for the licensing and regulation of byproduct i
material, source material and special nuclear material in quantities not sufficient to form a critical mass.
On November 9, 1982, Idaho returned to the NRC authority to regulate byproduct material as defined by Section 11e.(2) of the Atomic Energy Act of 1954, as amenced.
By '
ter dated March 25, 1991, Governor Cecil Andr s advised the Commission of his decision to return Idaho's Agreemen' program to the NRC.
In his letter, the Governor indicated that he made this decision following a decision by the State Legislature not to fund the program for regulating radioactive materials subject to the Agreement at a level sufficient to meet NRC guidelines for adecuacy to protect the public health and safety and compatibility with the NRC program.
In view of the State of Idaho's decision to return its Agreement program to the NRC, the Ccmmission finds it necessary to accept return of the Idaho program, and effective April 26,1991 at 12:01 a.m., flountain Daylight Savings Time, terminates the Section 274b. Agreement between the NRC and the State of Idaho in its entirety, and reasserts NRC authority over the licensing and regulation in Idaho of byproduct material, as defined in Section 11e.(1) of the Atomic Energy Act of 1954, as amended, source i
material and special nuclear material in quantities not sufficient to form a critical mass.
1 1
4 I
~(
3 The Ccmmission staff will review the files of the Idaho Department of Health anc Welfare ar.d will identify all relevant licensing documents for transfer to the NRC.
In orcer to aid in a scouth transition, the Commission deems it essential to maintain continuity in the licensing and regulatory cbligaticns of the Idaho licensees whose dockets are beirg transferred to the NRC. This continuity may be assured by keeping in effect on an interim basis all Iccho licenses as currently issued, until such time as the licenses nay be modifiec, if necessary, to meet HEC stancaras, or such time as the licenses are renewed or reissued.
Therefore, the Commission hereby terminates, effective April 26, 1991 at 12:01 a.m. Mountain Daylight Savings Time, the Idaho Agreement and orders that, as of that date, all Idaho-issued licenses, license amendments, outstanding orders (if any), or other documents establishing obligations for specific licensees shall be deemed licenses issued or actions taken by the Commission, and such licenses or actions shall remain in effect by their existing terms as if initially issued by tne Comission. The Commission staff will review all transferred licensing documents and may provide for their revision in accordance with Comission regulations if necee 39 h licenses to raeet applicable NRC requirements.
- .'.'Ts y
M'-
F r the Coi.ission 9
n T
O T
G&
o q-m
&.E R
0
/
,#a
.> retary Dh omission
- .e*
Dated a) day of MM1991.
Rockville, Maryland this //,
J
4 Mr.RichardP.Donovak, Director MAY 3 199)
QUESTION 31 Department of Health and Welfare 450 West State Street Boise, Idaho 83720
Dear Mr. Donovan:
This is to confirm with you the final actions taken in Boise, Idaho, during the period of April 23 26, 1991, concerning the termination of the Agreement between Idaho and the NRC for radioactive materials (Agreement Materials). A team of four NRC representatives was in the offices of the Division of Environmental Quality, Hazardous Materials Bureau, at 1410 North Hilton Street to review, package, and ship back to NRC's Region IV office in Arlington, Texas, all Idaho license and inspection files that pertained to Agreement Materials. At the conclusion of this task, a certified list of the exact files removed was left with Mr. John Ledger, Chief, Hazardous Materials Bureau, and Mr. Brian Monson, Manager, Compliance Section.
I wish to express the NRC's appreciation for the cooperation and assistance provided by the Bureau's staff during this effort.
It was l
extremely helpful to have available the active and inactive licensee data bases and other program information for use by the NRC review team during the period of time they spent in the Bureau's office. Mr. Mike Mays and Mr. Brian Monson were especially helpful during this detailed file review.
Even though NRC now has full authority in the State of Idaho for the licensing and regulation of radioactive material covered under the Atomic Energy Act of 1954, as amended, we look forward to a continuing relationship with the State of Idaho in areas of interest to the State.
Of course, the NRC's State Liaison Officer program will continue as a prime source of information to the State for all matters concerning radioactive materials.
In this regard, we are corresponding separately with Governor Andrus concerning his nomination for Idaho's State Liaison Officer.
Sincerely, bnginal 51gned by Carlton Kammerer Carlton Kaccerer, Director State Programs Office of Governmental and Public Affairs cc: Joe Nagel, Administrator Division of Environmental Quality John Ledger, Chief Hazardous Materials Bureau Distribution: See next page.
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- 5/ '/A1 0FFICIAL RECORD' COPY R.P. DONOVAN i.$oMD h,
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Comissioner Remick Distribution:
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