ML20055D264
| ML20055D264 | |
| Person / Time | |
|---|---|
| Issue date: | 07/01/1988 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | |
| Shared Package | |
| ML20055D259 | List: |
| References | |
| FOIA-90-169 NUDOCS 9007060066 | |
| Download: ML20055D264 (105) | |
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I STAFF REPORT AND EVALVATION OF THE NEBRASKA RADIATION CONTROL PROGRAM FOR THE PERIOD AUGUST 8, 1986 TO JULY 1, 1988 23rd Regulatory Program Review 9007'060066 900523 "'
$LIhNo-169 PDR
STAFF REPORT AND EVALVATION OF THE NEBRASKA RADI ATION CONTROL PROGRAM FOR THE PERIOD AUGUST 8, 1986, TO JULY 1, 1988 The 23rd Regulatory Program Review meeting with the Nebraska representatives was held during the period June 27 through July 1, 1988, in Lincoln, Nebraska.
The State was represented by Dr. Gregg Wright, Director of Health; Mr. Burke Casari, Chief, Bureau of Health Protection; and Mr. Harold Borchert, Director, Division of-Radiological Health.
A review of selected license and compliance files was conducted during June 28 and 29, 1988.
A summary meeting regarding the results of the regulatory program review and inspection accompaniment was held with Dr. Wright, Mr. Burke Casari, Mr. Harold Borchert, and Mr. Ellis Simmons on July 1, 1988.
Conclusions As a result of our review of the state's program and the routine exchange of information between the NRC and the state of Nebraska, the staff found that the Nebraska program for the regulation of agreement materials is adequate to protect public health and safety.
However, due to the lack of up-to-date radiation control regulations, the NRC was unable to make a finding that the Nebraska program was compatible with the Commission's program for the regulation of similar materials.
The review meeting during Ju a 1988, disclosed two areas relating to Category 1 indicators and one relating to a Category 2 indicator where program improvements could be made.
The following specific comments and recommendations were provided to the State:
1.
-Status and Compatibility of Regulations (Category I Indicator)
Comment The review of the State's radiation control regulations disclosed that six regulatory amendments, which are matters of conoatibility, have not been adopted by the state within a 3 year period after adoption by the NRC. This is a continuation of the same problem founa during the previous review in August 1986.
The previous routine review of the Nebraska radiation control program was conducted in August 1986.
As a result of that review, the Nebraska program was found to be-adequate to protect public health and safety.
However, that review disclosed a problem in the program area relating to status of regulations.
The last overall revision in the Nebraska radiation control regulations had been completed in 1981.
The NRC recommended that program staff revise the regulations and incorporate the -
necessary items for maintaining compatibility.
Because of the out-of-date radiation control regulations, the NRC was unable to make a finding, at the time, that the Nebraska program was compatible with the Commission's program for the regulation of similar materials.
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2 Since that time, the Division was worked on updating the state's regulations and all sections are essentially complete.
All regulations relating to NRC matters of compatibility have now been included in this L.
revision.
Even though it appears that the revision process is nearing t-completion, an effective date for the new regulations is not expected to occur before the last half of 1988.
Recommendation We recommend that the state accelerate the revision process so that the revised regulations become effective at an early date, such that a finding of compatibility can be made for the Nebraska radiation control program.
2.
Legal Authority (Category I indicator)
Comment The Nebraska low level Radioactive Waste Disposal Act was ~ 9 ted on May 27, 1987.
This act gave the Nebraska Department of Eny',r u mental Control (DEC) the authority to develop a program for the regulation of a commercial low level radioactive waste (LLRW) disposal facility.
DEC has established regulations that are compatible with NRC's regulations for the disposal of LLRW.
In DEC's regulations, Title 194, Chapter 4, Section 004, states that, " Operations at the land disposal facility shall be conducted in compliance with the standards.for radiation protection set out in Title 180, except for release of radioactivity in effluents from the land disposal facility which shall be governed by 002 of this Chapter.
The Title 180 regulations are those of the Department of Health.
The Nebraska Radiation Control Act (recently revised, August 30,1987) designates the Department of Health (00H) as the responsible agency for the regulation of radioactive materials as they relate to occupational and public safety, and the environment.
This act in defining the management of LLRW excludes the commercial disposal of LLRW in a disposal facility.
It should be noted that in 1965, when the NRC orginally entered into an agreement with Nebraska, DOH was designated as the agency to carry out the radiation control program for agreement materials, which included LLRW
. disposal.
DOH is also developing regulations (Title 180) that are compatible with NRC's regulations for the disposal of LLRW (these regulations are expected to become effective later in 1988).
During a meeting on LLRW on June 27, 1988, (held in Lincoln, Nebraska, and attended by J. Ringenberg, DEC; H. Borchert, DOH; C. Maupin, NRC; and
.R. Dcda, NRC), the DEC representative stated that DEC would be responsible for site selection, construction and monitoring of air and water for the LLRW disposal facility; whereas, DOH would regulate the handling transportation, packaging, and site' operations for LLRW.
DEC believes this is clearly stated in their regulations in Section 004, as discussed
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above.
This meeting also disclosed that the initial phases of a management plan have been started, which includes:
(1) The listing of all affected State agencies, (2) License and permit requirements, and (3) A k
matrix, nearly finished, to delineate the responsibilities of contractors, State agencies, and Federal agencies in carrying out Nebraska's regulatory program.- The staffing) requirements were also discussed at this meeting (reference, NUREG 1274 along with the need for the management plan to address staffing, budget, and licensing functions necessary to meet a 15-month license review period, as stipulated in the LLRW Policy Amendments Act of 1985.
i Recommendations Based upon the Nebraska statutes, the Agreement between Nebraska and the i
NRC, the regulations of DEC and DOH, and the discussions described abo;e, we believe the overlapping authorities and responsibilities for the regulation of a LLRW disposal site are unclear and not well defined at the present time.
Also, in order to avoid the possibility of a conflict of interest between the responsibility for the selection and development of.a LLRW facility, and the responsibility for the establishment of radiological standards, and the licensing inspection, and enforcement activitiesregardingthesestandards,itIsimportantthatthesetwo different types of responsibilities not be assigned to the same State agency.
As a result of our current review and assessment of the LLRW disposal aspect of Nebraska's radiation control program, we make the following two recommendations:
(1) A clear delineation of responsibilities should be drawn for the agencies involved in the development and regulation of the LLRW disposal site in Nebraska.
(2) The independence of the radiological licensing function should be defined such that no apparent conflict of interest can exist between i
the siting and development activities for the site, and the licensing, inspection, and enforcement activities relating to the regulatory program for the site.
3.
Staffino Level (Category II indicator)
Comment The review disclosed that the current staffing level for the radiation control program is.9 FTE/100 licenses, which is slightly below the NRC recommended range of 1.0 to 1.5 FTE/100 licenses.
The Division is also faced with a significant increase in health physics work relating to the '
low level radioactive waste (LLRW) disposal site that is being developed in Nebraska.
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Recommendation We recommend the Division increase its staffing level for the agreement materials program into the NRC's recommended range of 1.0 to 1.5 FTE/100-licenses.
We also suggest that a project manager be obtained for the radiological regu'atory activities that must be undertaken during the licensing process for the LLRW disposal site that is currently being developed in the State.
These conclusions were based on the review of the technical and administrative aspects of the Department's regulatory program for agreement materials, included in this review were examinations of selected licensing and compliance.
files, information related to the program indicators specified in the
" Guidelines for NRC Review of Agreement State Radiation Control Programs," the continuing exchange of-information program between the State and the NRC, and a review of selected licenses issued by the Division of Radiological Health since August 8, 1986.
Summary Discussion With State Representatives A summary meeting to present the results of the regulatory program review was held in Lincoln, Nebraska, on July 1,1988.
Attending this meeting along with Dr. Wright, were Messrs Caseri, Borchert, and Ellis.
The NRC representative was R. J. Doda.
Dr. Wright was told that results of our review. indicate that the Nebraska radiation control program is adequate to protect the public health and
- safety, However, a-finding that the program was compatible with the NRC's program for regulation of similar materials could not be made due to the State's out-of-date regulations.
Also, a comment and recommendation was made to clarify the responsibilities for the State agencies that will develop and regulate the State's low level radioactive waste disposal facility.
Overall, our review disclosed that most program indicators were within NRC guidelines.
Also, we highlighted the quality of the Division's response to the static eliminator leakage problem that was initially found during January 1988.
State inspectors visited users of the static eliminators and checked for. leakage in the work place.
Program Changes Related to Previous NRC Comments and Recommendations The previous NRC review occurred on August 8, 1986.
The comment and recommendation from that review along with the State's response and the present status are listed below.
S t-1.
Status of Regulations (Category I indicator)
Comment The last revision in entirety to the Nebraska radiation control regulations was done in 1981.
The radiation control program staff needs to revise the regulations and incorporate items necessary for maintaining compatibility.
Due to the lack of up-to-date radiation control regulations, we are unable to make a finding at this time that the Nebraska program is compatible with thc Commission's program for the regulation of similar materials.
R_ecommendation We would appreciate receiving a statement of the Department's plans for updating the regulations.
State Response The Department will proceed to review the regulations and incorporate the items necessary for maintaining compatibility.
This will be incorporated into our scheduling process as time permits; however, the overall process of adopting new regulations will consume several months.
The Department will concurrently pursue the necessary statutory revisions to incorporate those areas of compatibility not covered under our present statutes.
Thic legislation should be introduced during the forthcoming legislative session starting in January 1987.
Present Status Since the time of the last review, the Division has worked on updating the State's regulations and all sections are essentially complete.
All regulations relating to NRC matters of compatibility have now been included in this revision.
However, the revised regulations are_ not expected to be adopted until the last half of 1988.
REVIEWER ASSESSMENTS FOR THE CURRENT PROGRAM REVIEW I.
LEGISLATION AND REGULATIONS A.
Legal Authority (Category I)
Reviewer Assessment The State does not satisfy the NRC guidelines for this program indicator.
6 Legal authority tur radiation control in Nebraska is contained in Article 35, " Radiation Control Act," Section 71-3501 through 71 3519 of the revised Statutes of Nebraska, 1943.
Radiation control regulatory responsibility is located in the Department of Health.
The Director of Health advises the Governor and agencies of the State on matters relating to radiation; and coordinates regulatory activities of the State relating to radiation; including cooperation with other states and the federal government.
See comment No. 2 on Legal Authority described previously, which discusses the involvement of the Nebraska Department of Environmental Control (DEC).
An adequately defined division of authority exists in the State, except in the area of LLRW as described above.
Region IV files contain a memorandum of understanding between the Department of Health and the Department of Environmental Control.
B.
Status and Compatibility of Regulations (Category I)
Reviewer Assessment The State does not meet the guidelines for this program indicator.
The following finding was addressed in the review correspondence.
The State has adopted all items of compatibility into the most recent amendments to State Regulations. These are expected to become final during the last half of 1988.
A finding of compatibility cannot be made until the NRC is notified that these regulations have been made final.
This was discussed with program management and a list of compatibility items, that had been incorporated into the most recent revision, was indicated as being necessary for a finding of compatibility.
11.
.. wain r a tjg A.
Location of the Radiation Control Program (RCP) within the State Organization (Category II)
Reviewer Assessment The State satisfies the NRC guidelines for this program indicator.
The Nebraska RCP is located comparably with other health and safety i
functions within the State organization (see Organizational Charts in an Appendix).
The program director appears to have access to the appropriate levels of State management.
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Internal Organization of the RCP (Category II) l Reviewer Assessment l
The State satisfies the NRC guidelines for this program indicator.
The RCP's organizational structure appears to be focused with a view j
toward achieving an acceptable degree of staff efficiency.
C.
Legal Assistance (Category 11)
Reviewer Assessment The State satisfies the NRC guidelines for this program indicator.
In addition to statements by Division's staff, the reviewer examined certain legal opinions concerning radiation control matters in the files and found them to be acceptable.
D.
Technical Advisory Committees (Category 11)
Reviewer Assessment The State satisfies the NRC guidelines for this procram indicator.
According to discussions with staff, the RAC members abstain from voting when subjects relating to this license are involved during committee recommendations.
!!!. Management and Administration A.
Quality of Emergency Planning (Category !)
Reviewer Assessa ent The State satisfies the NRC guidelines for this program indicator.
The State has developed a revised emergency plan for nonpower reactor incidents which was briefly reviewed and discussed with Division's staff. The updated telephone call list has been incorporated as well as off duty hours procedure and contacts established.
Copies of the Emergency Plan and call list are maintained in the Region IV State Agreement files.
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B.
Budget (Category II)
Reviewer Assessment
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The State satisfies the NRC guidelines for this program indicator.
There appears to have been minimal reduction in the agreement materials program budget.
Most of the decrease came from utility funding of certain equipment from previous years.
The funding appears to be adequate for the Division as it now exists.
C.
Laboratory Support (Category II)
Reviewer Assessment The State satisfies the NRC guidelines for this program indicator.
The State laboratory has been certified by EPA.
Laboratory services are available from the Division of Public Health Laboratories located under the Buread of Environmental Health Services.
A list of Laboratory equipment used in support of the agreement materials program is in Region IV State Areements Files.
D.
Administrative Procedures (Category II)
Reviewer Assessment The State satisfies the NRC guidelines for this program indicator.
An updated and complete file of all the Division's policies and procedures are incorporated in one binder for reference.
Additions 6
to this manual are in process.
E.
Management (Category II) 1 Reviewer Assessment The State satisfies the NRC gu:;elines for this program indicator.
The Program Director does review, initial, and date all inspection reports as well as sign licenses.
F.
Office Equipment and Support Services (Category II)
Reviewer Assessment The State satisfies the NRC guidelines for this program indicator.
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The office personnel, equipment and support services appear adequate for a program with approximately 156 licenses.
IBM 5520 terminals are used by the staff for routine program functions.
G.
Public Information (Category II)
Reviewer Assessment The State satisfies the NRC guidelines for this program indicator.
The Nebraska Public Information Program appears to meet the NRC guidelines.
The State has a written policy statement concerning media and public communications and contracts.
A copy is maintained a the Region IV State Agreement files.
IV., Personnel A.
Qualifications of Technical Staff (Category II)
Reviewer Assessment The State satisfies the NRC guidelines for this program indicator.
Writtenpositiondescriptions(orjobspecifications)existforall professional personnel levels.
The Merit Services Council position description for entry level positions for health physicists in the radiation control program continues to contain educational requirements which call for " post high scho:1 training /coursework" in
..vsrious disciplines.
The NRC staff has commented on this aspect on nu.T.erous occasions, expressing the view that the basic qualifications for an individual working as a health physicist in an Agreement State Regulatory Program should be a bachelor s degree or equive'.ent in the physical and/or life sciences.
Revised position descriptions are being developed to include degree requiremenu.
These are expected to.be adopted soon.
At this time, one nondegreed person is carrying on regulation activities in the program.
She has completed the basic NRC training courses (health physics, licensing, and inspection procedures) and is continuing progress towards a degree at the University of Nebraska.
She has outstanding program administration skills and possesses a detailed knowledge of the radiological health program.
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Staffino Level (Category 11)
Reviewer Assessment The State essentially meets the NRC guidelines for this program indicator; however, suggestions for enhancing the effectiveness of this program indicator were offered, as follows.
A recommendation was made to the State that they increase the staffing level from the
.9 FTE/100 licenses at present into the NRC's recommended range of 1.0 to 1.5 FTE/100 licenses.
Also, a suggestion was made to obtain a projectmanagerforworkingontheLLRWdisposalsitethatis currently in the development stage in Nebraska.
This resource is needed presently because of the extensive amount of radiological regulatory work that must be undertaken during the licensing process for this facility.
C.
RaffSupervision (Category II)
Ry iewer Assessment The State satisfies the NRC guidelines for this program indicator.
With regard to supervision of the licensing and inspecticn functions, Mr. Borchert or Mr. Simmons reviews draft licenses and inspection reports prepared by staff.
D.
Trainino (Category II)
Reviewer Assessment The State satisfies the NRC guidelines for this program indicator.
The staff has attended all core courses.
Interest has been ex-pressed by Mr. DeFrain and Ms. Rogers to attend the'5-week course.
Ms. Rogers also wishes to attend the Well Logging and Transportation Cour,se s.
E.
Staff Continuity (Category II)
Reviewer Assessment The State satisfies the NRC guidelines for this program indicator.
Although the Division has expressed opinions that the salary schedule is low in comparison to other geographical locations the radiation control program is adequately staffed with qualified technical personnel, at the present time, even though the staffing level is
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slightly below the NRC recommended range.
Replacement of individuals in the program may present some difficulty in the futurer however.
V.
Licensina 1
A.
Technical Quality of Licensino Actions (Category I)
Reviewer Assessment The State satisfies the NRC guidelines for this program indicator.
As of August 8, 1986, there were 170 licenses in effect in the State of Nebraska.
Since the last review meeting, the State has issued 23 new licenses and issued a total of 227 amendments, for a total of 250 licensing actions.
The results of a review of selected license files is contained in an Appendix.
In general, there were adequate bases for the licensing actions.
No significant discrepancies were noted.
The State performed no prelicensing visits since the last program review.
Also, prelicensing visits normally are conducted only for unusual, complex,and/ormajorlicensesandnonewereissuedduring this review period for the amended in entirety license for UNMC.
Licensing policies and practices appeared to be consistent with those followed by the NRC.
Cover letters are used by the State to transmit the license or the license amendment to the licensee.
The State has a 5 year license renewal program.
During these renewals, all supporting information in the application must reflect the current scope of all the licensee's program.
This indicator has been satisfied.
Approximately nine licenses have been terminated since the last review.
Each license was briefly reviewed to determine if proper termination procedures were followed by the program.
B.
Adequacy of Product Evaluations (Category I)
Reviewer Assessment The State satisfies the NRC guidelines for this program indicator.
C.
Licensino Procedures (Category II)
Reviewec Assessment The State satisfies the NRC guidelines for this program indicator.
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12 The Division uses internal licensing sides, checklists, and policy memorandums, which are consistent with current NRC practices.
License applicants are furnished copies of applicable guides and regulatory positions.
The Division prepares written Nebraska versions of NRC licensing guides.
Coordination of Licensing actions with compliance staff is not a problem with the Nebraska program due to the small size.
Preliminary review and screening of applications is normally done within a few days of receipt, but always within 30 days.
License ex prior to expiration.piration notices are sent to licensees 60 days The State utilizes timely renewal procedures.
Licenses are issued for 5 year periods.
In general, files are maintained in a way to allow accurate retrieval of information and there was adequate documentation of discussions and visits with licensees.
Licensing and compliance documents are filed in the same folder.
The condition of the Division's files is greatly improved over previous years.
All files were easily located, up to date, and in good chronological order.
Division personnel maintain statistical data regarding the number and types of licenses, inspection of such licenses by category, and furnish such statistical data to the NRC on a timely basis and on a special request.
The State uPs standard license conditions similar to those used by NRC.
The Division has incorporated the standard license conditions in their IBM 5520 system.
VI.
Compliance A.
Status of Inspection Program (Category I)
Reviewer Assessment The State satisfies the NRC guidelines for this program indicator.
Statistical information is maintained to enable the staff and the Division Director to periodically assess the status of the inspection program.
At the end of each calendar year, a listing is mtde of all licenses by inspection priority and category.
The listing usually shows the date of last inspection and the date due for the next inspection.
Any overdue inspections are marked on a log sheet and held in a separate file for immediate reference by the inspectors and supervision.
The review of the detailed table information showed that only ten Ifeensees were overdue for inspection at the time of the review, if one discounts licensees where radioactive material has not yet been received or new licenses not yet over the 6-month period after issuance.
None of the licensees which were overdue for inspection were overdue by 50% of the inspection frequency.
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Inspection Frequency (Category I)
Reviewer Assessment The State satisfies the NRC guidelines for this program indicator.
The State has incorporated an initial 6-month inspection procedure into the internal policy manual and has been implementing this policy for some time now.
C.
Inspector's Performance and Capability (Category I)
Reviewer Assessment The State satisfies the NRC guidelines for this program indicator.
Program management evaluates inspector capability by reviewing inspection reports and accompanying inspectors on a routine basis.
During the review period, 14 accompaniments had taken place.
D.
Responses to Incidents and Alleged Incidents (Category I)
Reviewer Assessment The State satisfies the NRC guidelines for this program indicator.
The Division's incident files were reviewed.
There have been no major incidents}gation by staff since the last review.except for the SM required invest Comments and recommendations were made to management with regard to assuring completeness and appropriate documentation of any allegations received by the Division.
A copy of a summary of incidents was obtained and furnished to State, Local, and Indian Tribe Programs (SLITP) and Office of Analysis and Evaluation of Operational Data (AE00).
E.
Enforcement Procedures (Category I) t Reviewer Assessment The State satisfies the NRC guidelines for this program indicator.
The State's enforcement procedures appear to be adequate to provide a subst attal deterrent to licensee noncompliance.
The results of the review of the compliance files (Appendixb) supported this conclusion, as licensee responses to enforcement letters appeared to provide an adequate means of addressing any violations.
Civil penalties have been included in the new draf t regulations.
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Inspection Procedures (Cateaory II)
Reviewer Assessment The State satisfies the NRC guidelines for this program inc'icator.
The Division's Inspection Manual contains the written procedures by the staff for conducting inspections.
The State uses NRC inspection guides in their own format, copies of which are on file with Region IV.
The State's inspection procedures saat the NRC guidelines.
Based on the review of the compliance files (Append 1xD)the inspection procedures appear to be followed by the inspectors.
G.
Inspection Reports (Category II)
Reviewer Assessment The State satisfies the NRC guidelines for this program indicator.
A review of eight selected compliance reports is included in an Appendix.
There were no generic deficiencies found in the files.
In general, the state's files were orderly and sufficiently detailed to substantiate compliance actions.
The State uses standard inspection forms which act as guides for the inspector during the inspection.
H.
Confirmatory Measures (Category II)
Reviewer Assessment The State satisfies the NRC guidelines for this program indicator.
The State's practices for conducting independent measurements as part of inspections were found to be adequate.
Instrumentation is readily available to the radiation control program and appeared to be adequate for surveying licensed operations.
The inventory of the State's field and laboratory equipment was reviewed at the time of the review meeting.
The State's procedures for calibrating instruments are adequate.
VII. Other Aspects of the State's Radiation Control Proaram A.
Non-Aareement Sources of Radiation Reviewer Assessment The State satisfies the NRC guidelines for this program indicator.
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Environmental Monitoring Program Reviewer Assessment The State satisfies the NRC guidelines for this program indicator.
C.
Other Areas Reviewer Assessment The State satisfies the NRC guidelines for this program indicator.
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LIST OF APPENDICES Appendix A - Evaluation of Aareement State Radiation Control Program, State Respen
'o Questionnaire Appendix B - Organizationa. " "
Appendix C - Review of Selec,
.se Files Appendix D - Review of Selecteu
..a. liance Files Appendix E - License Renewal and Inspection Frequency Appendix F - State Letters from Previous Review 6
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r APPENDIX A STATE REVIEW GUIDELINES AND STATE RESPONSES TO QUESil0NNAIRE s
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2 APPEND!'. A EVALUATION OF AGREEMENT STATE RADI ATION CONTROL PROGRAM STATE REVIEW GUIDEL;NES AND QUESTIONNAIRE Name of State Program Nebraska Date of NRC Review June 27-30 and July 1,1998 1.
LEGISLATION AND REGULATICWS A.
Legal Authority (Category 1)
NRC Guidelines Clear statutory authority should exist, designating a State radiation control agency and providing for promulgation of regulations.
licensing, inspection and enforcement.
States regulating uranium or thorium recovery and associated wastes pursuant to the Uranium Mill Tailings Radiatic Control Act of 1978 (UMTRCA) must have statutes enacted to establish clear authority for the State to carry out the requirements of UMTRCA.
Questions:
1.
Please list all currently effective legislation that affects the radiation control program (RCP).
Radiation Control Act 71-3501 to 71-3520.
Nebraska Disaster and Civil Defense Act, as amended 81-829.36 to.74.
Emergency, Governori Civil Defense assumption of control of State Communications System 81-1820.25.
Administration Procedures Act 84-920.
Low-Level Radioactive Waste Disposal Act 81-1570.
2.
What changes have been made to the statutory authority of the State to license, inspect, and otherwise regulate agreement materials including source material recovery and LLW operations, if applicable, since the last review? If any changes occurred, please attach copies of the changes. Radiation Control Act, Revised August 30, 1997 (See attached)'
3.
Please cite legislation and date of enactment if the State has the authority tos Radiation Control Act Revised August 30, 1987.
a.
apply civil penalties, August 30, 1997.
b.
collect fees, August 30, 1987.
c.
require performance bonds or sureties for decommissioning Ilconse facili?)es, August 30, 1987.
d.
require performance bonds or surettes for clean-up of licensed facilities af ter a contamination accident, August 30, 1987.
e.
require long term care funds for uranium mill or low-level waste facilities.
August 30, 1987.,
4.
If any responses to the above question are negative, explain any plans the State may have regarding those issues.
Not Applicable
3 O.
Status and Compatibility of Regulations (Category !)
NRC Guidelines:
The State must have regulations essentially identical to IC CFR Part 19, Part 20 (rediation dose standards, effluent limits, waste manifest rule and certain other parts), Part 61 (technical definitions and requirements, performance objectives, financial assurances) and those reQuir by UMTRCA, as implemented by Part 40.
The State should adopt other regulations to maintain a high degree of uniformity with NRC regulations. F those regulations deemed a matter of compatibility by NRC, State regulations should be amended as soon as practicable but no later than 3 years.
The RCF has established procedures for effectirq appropriate amendments to State regulations in a timely manner, normally within 3 years of adoption by NRC.
Opportunity should be provided for the public to comment on proposed regulation changes.
(Required by UMTRCA for uranium mill regulation.)
Pursuant to the teres of the Agreemente opportunity should be provided for t NRC to comment on draft changes in State regulations.
Questionst 1.
When did the State last amend its regulations in order to maintain compatibility and when did the revisions become effective?
The Division is in the process of updating the regulations.
The last amendments to the regulations were in 1982 and 1983. The effective de of the Nebraska Regulations for Control of Radiation Parts A, Si Ci 0 E G H and J is August 22, 1982. The effective date of the Nebraska Regulations for control of Radiation, Parts F H and I is June 22. 190 2.
Referring to the NRC chronology of amendments attached to this questionnaire identify those that have not been adopted by the State and explain the reason why they were not adopted and/or actions being taken to adopt them.
See attached k C Chronology.
3.
Describe your State's procedures for revising and adopting changes to regulations.
Staff draf ts changes in regulations by using the Conference of Radiatic Control Program Directors Suggested State Regulations, NRC Regulationb.
FDA and EPA Regulations. These drafts are then submitted to the Nebraska Radiation Advisory Council, NRC, FDA and EPA for review and comment, then reviewed by the Department of Health's Legal Staff, then on to professional societies and interested public for their review anc comment, then af ter a 30 day notice of a public hearing have a public hearing. Comments at the public hearing may be incorporated in new draf t, then back to Radiation Advisory Council for approval, then to Director of Health and on to the Attorney General's Office for approva:
if approved on to the Secretary of State for signatures then the Governor.
4 How is the public involved in the process?
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Drafts are sent out to professional societies and interested public prior to public hearing.
Public hearings are held after the appropria<
public notices have been filed.
5.
At what stage does the NRC have the opportunity to comment on draft changes te State regulations?
The NRC Regional Office in Arlington, TX is sent a copy of the craf t regulations for review and comment the same time the Nebraska Radiatto; Advisory Council is sent their draf t copy for review and comments.
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!!. ORGANIZATION A.
Location of the Radiation Control Program Within the State Organization
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(Category 11)
NRC Guidelines The RCP should be located in a State organization parallel with comparable health and safety programs. The Program Director should havr access to appropriate levels of State management. Where regulatory responsibilities are divided between State agencies, clear understandings should exist as to division of responsibilities and requirements for coordination.
1.
Please attach a copy of the current, dated organization chart (s) showl' the position of the RCP within the State organization and its relationship to the Governor, i
Department of Health Organlaation Chart is attached.
The Governor appoints the Director of Health subject to approval by the legislature.
The Director of Health is responsible to the Governor, s
2.
Is the RCP on a comparable level within the State organization with other health and safety programs 50 45 to compete effectively for fundt and staff?
Yes 3.
Has the RCP program director t xperienced difficulty in obtaining access to appropriate levels of State management? If so, explain. No B.
Internal Organlaation of the RCP (Category 11)
NRC Guidelines The RCP should be organized with the view toward achieving #!
acceptable degree of staff efficiency, place appropriate emphasis on major program functions, and provide specific lines of supervision from program management for the execution of program policy.
Where regional offices or other government agencies are utillard, the lines of communication and administrative control between these offices and the central office (Prograr Director) should be clearly drawn to provi'de uniformity in licensing and inspection policies, procedures and supervision.
Questions:
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1.
Please attach copies of current, dated copies of the RCP organization charts.
Include titles for all positions and names for incumbents.
k See attachment.
2.
How is the RCP organized so as to provide specific lines of Supervision from program management for executing program policy?
The Radiological Health Coordinator and Division Director provide the supervision and program management for executing program Policy.
The Divist Director has the ultimate program management responsibility.
3.
If regional offices are used:
a.
To whom ao regional personnel report administratively?
Not Applicable b.
To whom do regional personnel report technically?
Not Applicable 4.
If the RCP shares the program with or contracts with other agencies to administer the programs a.
Identify the agencies and indicate their responsibilities.
Not Applicable b.
How are their responsibilities set out (e.g. statutes MOU contract)?
Not Applicable c.
To whom do their personnel report to' administratively?
. Not Applicable d.
To whom do their personnel report to technically?
Not Applicable C.
Legal Assistance (Category !!)
NRC Guidelines Legal staff should be assigned to assist the RCP or procedures should exist to obtain legal assistance expeditiously. Legal staff should be knowledgeable regarding the RCP program, statutes, and regulations.
Questions:
l.
Are legal staff members assigned to assist the RCP or do procedures exist to obtain legal assistance expeditiously?
i
C The RCP sends the request for legal assistance to the Department legal staff when necessary.
The handling of the request is then routed to t:
appropriate attorney.
2.
Is the legal staff knowledgeable regarding radioactive materials, the RCPi statutes, and regulations?
Yes 3.
If legal assistance was utilized since last review, provide a brief summary of the circumstances.
Legal assistance was obtained during the development and passage of LB 390 (Radiation Control Act). Legal assister.ce was requested concernin' a licensee for non-compliance and non-renewal of license.
Legal assistance is on going with the revision of regulations.
D.
Technical Advisory Committees (Category 11)
NRC Guidelines Technical Committees. Federal Agencies, ano other resource organizations should be used to entend staff capabilities for unique or technically complex problems. A State Medical Advisory Committee should be used to provide broad guidance on the uses of radioactive drugs in or on humans. The Committee should represent a wide spectrum of medical disciplines. The Committee should advise the RCP on policy matters and regulations related to use of radioisotopes in or on humans. Procedures should be developed to avoid conflict of interest even though Committees are advisory. This does not mean that representatives of the regulated community should not serve on advisory committees or not be used as consultants.
Questions:
1.
What technical advisory committees have been established to assist the RCP?
Radiation Advisory Council 2.
Are the advisory committees mandated by law?
Yes, the membership is mandated in Section 71-3506 of the Radiation Control Act. The members are appointed by the Governor. Members may t recommended to the Governor by anyone, but are usually recommended by the Director of Health to the Governor's office.
3.
Are regular meetings scheduled?
If so, what is the frequency?
Regular meetings are scheduled on a quarterly basis. Additional meetings may be called for special c'ircumstances, i.e., rules and regulations review.
4.
Please provide a list of the names and affiliations of the technical committee (s) members.
See Attached l
o
t 7
5.
What proccJures exist to avoid areas of conflict of interest by member of the committees? Conflicts of interest are difficult to avoid becat the membership is statutorily established and the availability of technically qualified people within the State is limited. The Council and the Division attempts to exercise their best judgments in.such c ir cumst anc es.
6.
If any advisory committee was utilized during the review period. pleas provide a brief summary of the circumstances.
111. MANAGEMENT AND ADMINISTRATION A.
Quality of Emergency Plant.ing (Category !)
NRC Guidelines: The State RCP should have a written plan for response to su incidents as spills, overeuposures, transportation accidents, fire or explosion, theft, etc.
The Plan should define the responsibilities and actions to be taken by State agencies. The Plan should be specific as to persons responsible for initiating response actions, conducting operations at cleanup. Emergency communication procedures should be adequately establishec with appropriate local, county and State agencies. Plans should be distributed to appropriate persons and agencies. NRC should be provided tt opportunity to comment on the Plan while in draft fore.- The plan should be reviewed annually by Program staff for adequacy and to determine that conte' is current. Periodic drills should be performed to test the plan.
Questions:
1.
What written plan does the RCP use for response to incidents involving radioactive materials (other than plans for fixed nuclear facilities)?
The Division of Radiological Health's plan is part of the State's Comprehensive Plan.
Copy available to reviewer upon office review.
2.
According to the Plan, which State agency is responsible fort a.
initiating response actions?
b.
conducting operations?
c.
supervising cleanup?
The Radiological Emergency Response Plan for Nuclear Power Plant incidents, Radiological Emergency Response Plan for Non-Nuclear Power Reactor Incidents, and a comprehensive notebook titled " Emergency Response Notebook for Radiological Health Staff." This is available fo-review in our office.
It is an internal document for staff training an procedures to follow during nuclear power plant emergencies or any othe-emergency as appropriate.
9 3.
Describe your emergency communications procedures.
We have two separate Emergency Plans, one for Nuclear Power Plant Emergencies and one for Non-Nuclear Power Plant Emergencies.
4 Who is responsible for distributing the plai to the appropriate perse' and agencies?
State Civil Defense 5.
When was the emergency communication list last reviewed and/or revisec i (Please attach a copy of the current list.)
.j June 1998 1
6.
Other than the communication list, when was the plan last updated 7 l
It is reviewed annually and updated as necessary.
l 7.
Was the NRC provided the opportunity to comment on the plan or the revision while it was in draft formt NRC has that option nowl however, there have been no substantive changes.
B.
When was the plan last reviewed to assure its content is up-to-date?
May 8, 1980 9.
When was a drill last performed to test the plan?
June 22. 1988 The plan and response are 50 close to nuclear power plant procedures we use the power plant plan for testing.
If staff cet manage an off-site release, they can handle other incidents.
B.
Budget (Category II)
NRC Guidelinest Operating funds should be sufficient to support program nee-such as staff travel necessary to conduct an effective compliance programe including routine inspections, follow-up or special inspections (including pre-licensing visits) and responses to incidents and other emergencies, instrumentation and other equipment to support the RCP, administrative costs in operating the program including rental charges, printing costs, laborator' services, computer and/or word processing support, preparation of correspondences office equipment, hearing costs,. etc. as appropriate.
Principal operating funds should be from sources which provide continuity ane :
reliability, i.e., general tax, license fees, etc. Supplemental funds may be -
obtained through contracts, cash grants, etc.
Ouestionst 1.
What fiscal year is used by your State?
July 1 through June 30.
_. _ ~ -., _ _,
i L
i 2.
Show the amount for funds for the RCP for the current fiscal year obte from:
a.
State general fund
$206,954.
b.
Fees
$273,773.
c.
Federal grants and contracts (identify) d.
Other FDA Contract
$10,407 NRC Contract
$29,800 DDE - Hallam Contract
$5,000 Power Plant Funds 172,000 e.
Total:
$597.934.
The fees are the result of new legislation anc are anticipated in the new regulation i
3.
Show the total amounts in the current RCP budget allocated fors 6.
Administration 438.811.
b.
Radioactive materials 483,224.
c.
X-ray 4103,498.
d.
Environmental surveillance
$15,705.
e.
Emergency planning 472,923.
f.
LLW regulation
$5,000.
g.
U recovery h.
Other (radon, non-ionizing, operator credentialing, etc. Please identify).
I Redon, non-lont ring
$5,000.
1.
Total:
$ 324,161.
The amounts specified a through h above would be increased by $273,773 provided the proposed fees were in place; 4.
What is the change in budget from the previous year and what is the reason for the change (new programs, change in emphasis, statewide reduction, etc.)T The budget reflects an amount anticipated from proposed fees.
This resulted from legislation passed in 1987 authorizing the assessment of-fees. When the fees are in place the budget will increase substantially,
Excluding the anticipated fees there was only a very minor reduction ir the budget due to an overall reduction in state budgets.
10 5.
Describe your fee systemi if you have one, and give the percentage of cost recovery for the radioactive materials program. Please attach a copy of the fee schedule.
The fee system is currently under development for incorporation into rules and regulations.
The fee system is espected to generate about 31 of cost of the radioactive materials program.
6.
Overall, is the funding sufficient to support all of the program needs' If not, specify the problea areas.
When the fees are in place the funding should be sufficient for the program needse however, the exception may be radon (measurements, consultation and training).
C.
Laboratory Support (Category, !!)
NRC Guidelinest The RCP should have the laboratory support capability in-house, or readily available through established procedurese to conduct bicassays, analyze environmental samples, analyte samples collected by inspectors, etc., on a priority established by the RCP.
Questions:
1.
Are laboratory services readily available in-house or through other departments within the State organizatient The Division has capabilities of conducting some of its own analysis er samples that do not require any radiochemistry procedures or techniques such as wet chemistry methodology. The Division will be expanding more in this area.
The State Health Laboratory provides certain radiochemical services for environmental samples and samples submitted by inspectors for analysis.
EPA has also provided prompt results of environmental samples submitted as the results of the Chernobyl incident.
2.
If services are provided by other departments, discuss the arrangements supervision, charges and interdepartmental communications.
Not Applicable 3.
If laboratory services are provided by a non-State agency:
a.
Discuss the contractual arrangements.
Laboratory services provided by a non state agency are arranged b-letter or phone requesting a specific service. This is normally arranged with a commercial labo'ratory.
b.
15 the party providing the service a State licensee?
No l
i
t t
(
ll If a State licensee provides the service or equipment, what are c.
the costsi Not Applicable 4
Describe the capability of the laboratory as follows:
Can it qualitatively and quantitatively analyse low-energy beta a.
emitterst Yes I
Can it qualitatively end quantitatively analyse alpha emitters?
b.
Yes Can it selectively determine the presence and quantity of gamma c.
emitterst Yes Can it handle samples in any physical form - wipes, liquids, solids, gaseous?
Yes Does the lab participate in a periodic quality control progrant e.
11 so, please identify the program.
The laboratory participates in the EPA Reference Cross Check Program.
i How much time does it take to obtain the results from sample analyses s.
on both a routine basis and on an emergency basic?
Wipes = 2 to 3 days Emergency = hours - days
' Environment = 1 to 2 weeks 6.
Please attach a list giving the types and numbers of laboratory instrumentation and services available.
Multichannel Analyzer with computer capabilities -Nal Detectors & 22X HPGe Detector Graphic Display 1 Low Background Alpha-Beta Counterl Liquid Scintillation Counteri TLD Readert TLD Annealing Ovent Alpha Spe:.
(
System.
Services availablet 1.
Gross alpha & gross beta for air and water - low background counter.
2.
Radium-226-228 in water.
3.
1-131 low level in water & milk.
4 Gamma Isotopic procedures for milk, water, soil, air particulate, air cartridge, fish, and food products.
~ ' ' - ' ' ' - ' ~ ~ " " - ' - ~ - ~ ~ '
l F
12 5.
Tritium analysis for composite water.
6.
Wipe tests for all radionuclides.
7.
Gamma Isotopic analysis on all environmental samples.
1 D.
Administrative Procedures (Category !!)
NRC Guidelines: The RCP should establish written internal procedures to assure that the staff performs its duties as required and to provide a high degree of uniformity and continuity in regulatory practices. These proceduretl should address internal processing of license applications, inspection policies, decommissioning and license termination, fee collection, contacts with communication media, conflict of interest policies for employees, exchange of information and other functions required of the program.
Administrative procedures are in addition to the technical procedures utill ee:
in licensing, and inspection and enforcement.
Questions:
1.
Have administrative procedures and polices been established, documented and made available to RCP staff regardingt a.
Office administration, Yes, RHS Series - GOP Section has been started.
b.
Receipt, assignment and tracking of license applications, No l
c.
Inspections (e.g., assignments, announcements of inspections),
l No l
d.
Terminating licenses and decommissioning licensed facilities.
Yes - Licensing Section of Procedures Manual
- e.
Collecting fees, Not Applicable, because fee rules are not yet in place.
l f.
Respondirq to press inquiries, Yes - General Section of Procedures V.anual L
g.
Conflict of interest for RCP employees, Yes - General Section of Procedures Manual h.
Enchange-of-Information with NAC and Agreement States.
Yes - General Section of Procedures Manual (lists contacts)
(Please have copies of these procedures available for review).
m -
i 13 2.
What other written administrative procedures have been developed?
Ge0er a Lia11.Lo.n 9.f_Pr_o.s.,aur_r.tM_# nv e L.C.en_ia_.im.t Film Badge Division Policy Assorted legal questions for Radiological health Right of access Tape recording by licensee Challenges to citations Cease and desist orders during non-routire hours Availability of files for pubtle inspection Organlaation Supervisory Field Evaluations of Inspectors Rules and Regulations NRC Review Questionnaire Emergency Response - Excerpt from State Plan Environmental Surveillance of the Hallam Nuclear Power Plant - 1982 1
T a 1n Lne..St.t t i p n_oif_r 9tes.r.,1_t!ansiLCenuin.n L
Policy for Training and Qualifications of Radiation Control Program I
Staff Responsibilities.
Golges._Section of Procedures Manual Conte _ inst u
Procedures for Transmitting License Guides and Other Information to Licensees and Applicants.
Dep.a.r_iment of Rangjo21C_al Health Se_r.les Notebook Contsihs t DRHS-RMPl Prelicensing Inspections / Delivery of Licenses.
L{gynsino Section of Procedures Manual Contains i
Reciprocity y
Partial Listing of file Badge Companies l
Partial Listing of Health Physics Consultants 3.
Have copies of these procedures been distributed to regional of fices a :
to other appropriate agencies?
Not Applicable.
4.
How are personnel and regional offices kept informed of changes in regulatory policies and practices?
These are Circulated to staff.
A notebook containing internal guidelines, policy statements and/or procedures has been started. All staff have a personal copy.
1*
E.
Management (Category !!)
NRC Guidelines Program management should receive periodic reports from the staff on the status of regulatory actions (backlogs, problem cases, inquiries regulation revisions). RCP management should periodically assess workload trends, resources and changes in legislative and regulatory responsibilities to forecast needs for increased staff, equipment, services and funding.
Program management should perform periodic reviews of selected license canes handled by each reviewer and document the results. Complex licenses (major manufacturers, large scope - Type A Broad, or potential for significant releases to environment) should receive second party review (supervisory, committee, or consultant). Supervisory review of inspections, reports and enforcement actions should also be performed. When regional offices or other government agencies are utilized, program management should conduct periodic audits of these offices.
Questions:
1.
How does management track the status of the licensing and inspection programs -- workloads backlogs, problem cases, etc.?
A monthly progress report is submitted to the Director. Number of Inspections and licensing actions completed are documented as well as problem cases.
Informal meetings are routinely held to discuss workloat and backlog.
2.
How of ten are meetings held between program management and staff ?
At least weekly.
3.
How often is a statistical tabulation of licenses, licensees, licensing actions, inspections due, performed and overdue, etc. prepared?
At least annually.
4 How does program management keep abreast of changes in legislative and
' regulatory responsibility?
Staff reviews changes in Federal and State Regulations. The Director and/or Coordinator attend Conference of Radiation Control Program Directors meetings and conferences. The Director (or designee) also attends the Annual All Agreement State Meeting. Contact is maintained with the NRC, FDA and EPA.
5.
What license review practices are followed for unusual or compl[x license applications?
Unusual or complex licensing actions.are subject to secondary review by the Director or Coordinator.
15 f-l 6.
How m:ny management reviews of license cases were performed since the last review?
All licenses and license amendments are signed by the Director or Coordinator in the Director's absence, and they are reviewed at that time.
7.
Were all license reviewers included in the cases selected for managemer review?
Yes 8.
How many field accompaniments of inspectors were conducted by program management?
17 9
Were all inspectors (including supervisors acting as inspectors or LLW inspectors, if applicaole) accompanied by management during the review period?
Yes 10.
Do all inspection reports receive supervisory review?
Yes 11.
Does all enforcement correspondence receive supervisory review prior to dispatch?
No, Nebraska Priority !!! correspondence may be signed by Health Physicist.
12.
If applicable, how many management audits were made of regional offices or other government agencies involved in the regulation of agreement materials?
Not Applicable.
(Please have copies of management reviews of license cases and audits of regional offices or contract agencies available for review.)
F.
Office Equipment and Support Services (Category !!)
NRC Guidelines The RCP should have adequate secretarial and clerical support. Automatic typing and Automatic Data Processing and retrieval capability should be available to larger (300-400 licenses) programs. Similar services should be available to~ regional officeself utillied. Professional staff should not be used for fee collection and other clerical duties.
I a.
In terms of the person year /100 licenses figure, what level of secretarial / clerical support is provided?
1632.25 hours2.893519e-4 days <br />0.00694 hours <br />4.133598e-5 weeks <br />9.5125e-6 months <br /> in two years for clerical 25 FTE/yr/100 licenses. {
d
le
)
b.
If your program has regional offices, discuss the clerical suppo' for those offices, l
Not Applicable.
c.
In cases of unusual workloads or vacancies, can supplementary secretarial / clerical support be obtained?
Yes 2.
Describe the computer equipment available to the RCP.
(1) IBM XT-3270 (3) IBM KT (1) Ericsson - IBM Compatible (Portable)
(1) Radio Shack = Model 100 (Portable) 3.
What operating system do you use (i.e., MSDOS, UNIX, APPLE, etc.)?
MS-DOS 4
What data base or spreadsheet programs do you use?
Symphony & Lotus 123 5.
What word processing program (s) do you use?
We use a IBM 5520 system for word processing and files and Microsof t Word for word processing.
6.
Does your werd processing program have the capability to process documents that may be transferred to and from the IBM 5520 system?
(With the exception of Wordstar, most popular programs have this capability. This information can be found in your user manual inden i
under "DCA" or " revisable format" files.)
t Yes 7.
What licensing functions are on your computer system?
Standard licensing conditions, license and amendment formats, renewal l
and various other letters are on the computer system.
8.
What compliance functions are on your system?
L Inspection letters, notice of noncompliance and follow-up letters are e the system
\\
9.
Do you have a modem?
If so, please supply the telephone number.
Yes, do not have a permanently assigned phone number.
17 10.
Are computers or terminals available to the professional staffi and if son what use is made of them?
Yes, Used for Environment Surset!!ance of TLD's - Calculated FDA performance standard for a-ray inspections.
)
11.
Do you have access to a facsimile transmission unit? If son please identify it by name and type and provide the receive and verification (information) telephone numbers.
No 12.
Describe the fee collection system and identify the staff resources assigned to it.
The fee system is not yet in place.
i G.
Public Information (Category !!)
NRC Guidelinest Inspection and licensing files should be available to the public consistent with State administrative procedures.
It is desirable.
l however, that there be provisions for protecting froa public disclosure proprietary information and information of a clear personal nature.
I Opportunity for public hearings should be provided in accordance with UMTRCA and applicable State administrative procedure laws.
Questions:
i 1.
Are licensing and inspection files available for inspection by the x
publict t
l A radioactive material license is available for review upon request to the Director.
Inspection files would have to be obtained by written l
request to the director and would be decided on a case by case procedures. Pursuant to Eection 71-3507 of the Radiation Control Acti the results of surveys or inspections may be withheld from publi?
inspections.
2.
If so, what information may be withheldt Medical and proprietary data may be withheld.
Identity of patients or personnel involved in alsadministrations and/or over esposures may be L
withheld. Pursuant to Section 71-3507 of the Radiation Co strol Act, tht:
results of surveys or inspections may he withheld from public inspection.
l 3.
What written procedures and laws govern thist Please provide reference citations.
This is covered under the Radiation Control Act, 71-3507. There are written procedures. Staff must be aware that public review of files must be cleared by the Director.
If a problem arisesi he would delay until legal advice is secured.
--J.'
10 4
For mill States, are opportunities provided for public hearings in accordance with UMTRCA and applicable State administrative procedures and statutes?
Not 4pplicable.
IV.
PERSONNEL A.
Qualifications of Technical Staff (Category II)
NRC Guidelines Professional staff should have a bachelor's degree or equivalent training in the physical and/or life sciences. Additional training and experience in radiation protection for senior personnel including the director of the radiation protection program should be commensurate with the type of licenses issued and inspected by tt.r State. Written job descriptions should be prepared to that professional qualifications needed to fill vacancies can be readily identified.
Questions:
1.
Do all professional personnel hold a bachelor's degree or have equivalent training in the physical or life sciences?
No, no t a l l. Two individuals do not have bachelor's degrees.
2.
What additional training and experience does the RCP director have in radiation protection?
a.
Education for Division Director 1.
Bachelor of Science Degree in Pharmacy 11.
Master of-Science Degree in Radiation Health Physics 111. Also attended numerous NRC sponsored courses including the 10 week Health Physics Course at Oak Ridge.
b.-
Exper ience s 1.
3 years - Assistant Radiation Safety Officer North Dakota State University 11.
71/2 years - Chief, Materials Licensing anc Control Section, Bureau of Radiation Control, State of Kansas Department of Health and Environment 111.
I 1/4 years - Lead Specialist Radiological Assessment, Kansas Gas and Electrir Company, Wolf Creek Nuclear Generating Power Plant iv.
3 years - Director, Division of Radiological Health, Department of Health, State of Nebraska.
lo 3.
What acditional traintrq and experience are requirta nf the senior personnel?
The Staff involved in licensing and inspection tavs te&ct: ^4RC sponsore courses. The Senior Staff person in the Radioactive "ater ials Program will be attending the Oak Ridge 5 week KJalth Physitt te se this summer. Some of the staff are also taking courses at the University o-Nebraska. Some of the staff are actively pursuing graduate degrees.
Staff training is a continual on-going process.
t 4.
Do written position descriptions describe tha duties, responsibilities and functions of each professional position in the RCP and the qualifications needed by applicants for them? Please attach copies.
The class specifications that have been in existence are attached. The existing class specifications are currently being revised and updated.
New : lass specifications for new classes are being developed. The corresponding job descriptions under the specific class specifications are also being developed, revised and/or updated, as appropriate.
B.
Staffing Level (Category !!)
NRC Guidelines Professional staffing level should be approximately 1-1.5 person year per 100 licenses in effect. RCP must not have less than two professionals available with training and experience to operate RCP in a way which provides continuous coverage and continuity. For States regulating-uranium mills and; mill tailings current indications are that 2-2.75 professional person years' of effort, including consultants, are needed to process a new mill license (including in situ mills) or mejor renewal, to mes requirements of Uranium Mill Tailings Radiation Control Act of 1976. This effort must include expertise in radiological matters, hydrology, geology, at structural engineering.
Questions:
1.
Complete a table as'below, listing the professional / technical person-years of effort applied to the agreement or radioactive material progr.
by individual.
Include the name, position, fraction of time spent and include the following areast administrative /aupervisor, inspection, laboratory, regulation development, other).
..___g_____________________g__7;7__________________;-____7_g77__;_________________g7g Cheryl Rogers Health Physicist Licensing / Inspection 0.70 Rules & Regulations 0.02 Ellis Simmons Coordinator Licensing / Inspection 0.04 Supervisory Rules & Regulations 0.13 Joyce Davidson Radiological Health Licensing / Inspection 0.24 Specialist Rules & Regulations 0.30 1
20
' Harold Borchert Director Administrative 0.08 Rules & Regulations 0.OR-Total 1.53 2.
Compute-the professional / technical person year effort of person years per 100 licenses (excluding mills and burial site licenses).
Show calculation.
1.53 FTE/170 Licenses /Yr = 0.9 FTE/ Year /100 Licenses 3.
Is the staffing level adequate to oeet normal and special needt and backup?
If not, explain.
No, the current staffing level is not sufficient to meet the special needs, and does not provide for back 'Jp when necessary, if problems or; L
investigations are necessary the norr.al routine functions of the radioactive materials program may nred to be suspended until the proble or investigation has been comple+Gd.
This was the case during the-recent 3M Co. Static Elimi.iator problem.
C.
Staff Supervision (Category !!)
NRC Guidelines: Supervisory personnel should be adequate to provide guidancp and review the work of senior and junior personnel.
Senior personnel should review applications and inspect licenses independently, monitor work of junic; personnel, and participate in the establishment of polir. Junior personnel r
should be initially limited to reviewing license applications and inspecting small programs under close supervision.
Questions:
1.
Identify the junior and senior personnel.
Senior personnel - Harold Borchert, Ellis Simmons, Cheryl Rogers 2.
a.
What duties are assigned to junior personnel?
Not Applicable.
b.
How is their work monitored?
Not Applicable.
- 3.
Is there adequate supervisory or senior guidance and direction for junior personnel?
Not Applicable.
4 How do senior personnel participate in the development of program policy?
Input is requested for most program policy development.
e
4 21 D.
Training (Category !!)
NRC Guidelines Senior personnel should have attended NRC core courses in licensing orientation, inspection procedures, medical practices and industel4 radiography practices.
(For mill States, mill training should also be i nc luded. ) The RCP.should have a program to utillae specific short courses and workshops to neintain appropriate level of staff technical competence in-areas of changing technology.
Questions:-
1.
List materials personnel and the training courses that they have attended since the last review.
Name of Student Course Agency Sponsor Dates SEE ATTACHMENT IV D 1 2.
Explain how new employees are trained.
Attend NRC Courses (see procedures manual) and other training as' necessary and appropriate.
3.
Have you organized your own training program to supplement outside training?
If so, please describe.
Yes, the Division Director has developed a basic Radiological Physics Course for all the Staff's Participation. This course will be expandec to include radiological health physics and radiation biology..The Division has also developed and conducted training sessions for staff involving the emergency response functions, dose assessment, radiation generating equipment inspection procedures and radon diagnosis and measurements.
4.
If any of your RCP staff currently need NRC training, please identify the employees and the courses needed.-
t Jim DeFrain Environmental Sampling / Radiological Analysis 5 Week Health Physics Course Chiryl Rogers - Transportation Well Logging Radiological Protection Engineer ing E.
Staff Continuity (Category !!)
NRC Guidelines Staff turnover should be minimized by combinations of opportunities for training, promotions, and competitive salaries. Salary levels should be adequate to recruit and retain persons of appropriate professional qualifications. Salaries should be comparable to similar employment in the geographical area. The RCP organization structure should bt such that staff turnover is minimized and program continuity maintained I
I I
22
'through opportunities for promotion. Promotion opportunities should exist from junior level to senior level or supervisory positions. There also shou.
s be opportunity for periodic salary increases compatible with experience and responsibility.
Questions:
1.
Identify the RCP employees who have left the Agreement materials program since the last review and Olve the reasons for the turnovers.
Also state whether the positions are presently vacant, filled (name
{
replacement), abolished or other status.
None have lef t.
2.
List the RCP salary schedules Position Title Annual Salary Range Radiological Health Specialist I
$18,019.00
$25,226.00 Radiological Health Specialist !!
22,385.00 31,339.00 Radiological Health Physicist 1 25,868.00 36,215.00 Radiological Health Coordinetor 29,893.00 41,850.00 Radiological Health Division Director 34,545.00 48,362.00 Typist 11 11,676.00 16,347.00 Secretary 11 13,493.00 18,891.00 Staff Assistant !
14,505.00 20,307.00 3.
Compare your salary schedule with similar employment alternatives in tt same geographical area,- such as industrial, medical, academic employers 7
or other State agencies.
The salaries for the Radiation Control Program are considerable lower than those of the neighboring states of Kansas and Colorado. Our Er salaries are lower than those paid by industry, medical and academic institutions within this state. The Radiation Control Program, within the last six (6) months, lost a Health Physicist to one of our Nuclear Power Plants. This involved a salary increase for this individual.
4.
Explain whether your salary schedule is adequate to recruit and retain staff.
The current salary schedule is not adequate to recruit and retain staff because we have individuals that could translocate to Kansas for
$7,000.00 or more increase in salary for the same type of position (Health Physicist in Kansas is the same as a Health Physicist in Nebraska).
The Radiation Control Program attempted to recruit individuals for two Radiologicel Health Specialist !! positions during the period of May-t July 1987. Applications were received from individuals from several states. These applicants possessed the appropriate qualifications for the positionst however, four declined the opportunity to visit our stat, for a personal interview because the salary offered was considerably lower than that of the positions they held.
In one case it was more
{
,_.i....._.._.
23 than $14,000 per year lower than that of the individual's salary for t :
'~
position held at that time.
5.
What opportunities are there for promotion within the RCP organization structure without a staff vacancy occurring?
l There are no opportunities for promotion within the RCP organizational structure unless a staff vacancy occurs. This should be somewhat alleviated with our new organizational structure and new classes.
V.
LICENSING A.
Technical Quality of Licensing Actions (Category I)
NRC Guidelines:
The RCP should assure that essential elements of applicatioi have been submitted to the agency, and which meet. current regulatory guidanc ;
for describing the isotopes and quantitles'to be used, qualifications of:
persons'who will use material, f acilities and equipment, and operating and emergency procedures suf ficient to establish the basis for licensing actions !
Prelicensing visits should be made for complex and major licensing actions.
Licenses should be clear, complete, and accurate as to isotopes, forms, quantities, authorized uses, and permissive or restrictive conditions. The-RCP should have procedures for reviewing licenses prior to renewal to assure i that supporting information in the file reflects the current scope of the licensed program.
Questions:
1.
How many specific licenses are currently in effect?
170 as of May 31, 1988 2.
a.
How many new licenses (not amendments in entirety) have been issued since the last review.
23 (From June 1986 thru May 1988 b.
How many were major licenses? (See question 12 for criteria.)
1 3.
List the specific licenses (name and license number) that were terminated since the last review.
Davis Great Guns 40-02-01 Agricultural Technology 48-01-01 Diesel Power Equipment 01-55-01 Bergan Mercy Hospital 01-09-01 CIBA-GEIGY Corp.
17-01-01 Frank Juska 10-04-01 U.N.M.C.
01-50-03 Bishop Clarkson 01-12-01 Nucor Steel 07-03-01
24 4 ~.
How many amendments were issued during the review period?
227 Amendments-Issued (From June 1986 - May 1988) 5.
Identify unusual or complex licenses issued since the last review, including name and license number.
Great Plains Radiopharmacy, Inc.
01-65-01.
6.
Note any variances in licensing policies and procedures or exemptions from the regulations granted since the last review.
Issued licenses to out-of-state licensee, i.e., no local office in Nebraska.
Sierra Testing and Inspection 99-44-01 Accredited Environmental Services, Inc.
99-42-01 Neutron Products, Inc.
99-43-01 7.
Do you require license applicants who ship or transfer redweste to submit details on their redwests packaging and shipping procedures?
Radweste packaging and shipping procedures were required of U.N.L. and U.N.M.C., the two Educational Broad, (Type A) licensees in the State of Nebraska. Other licensees do ship radioactive materials, however, it i usually being returned to the manuf acturer.
8.
a.
When do you require licensees to submit contingency plans?
(
Reference:
All Agreement and Non-Agreement State letter dated.
May 21, 1987.)
No major licenses that would require contingency plans.
b.
List the licensees (name and license number) who are subject to contingency plans requirements and the status of their plans (approved, under review, etc.).
Not Applicable 9.
a.
What criterion does the State use to determine the need for a prelicensing visitt This is covered in DRHS-RMP1 and states that pre-licensing inspections shall be used for review of complex licensing activities such as a major research facility, environmental usage of radioactive material or a broad license request, (in some cases).
b.
Were prelicensing visits made ' uring this review period?
If so, d
explain.
No O
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25 10.
How do you ensure up-to-date information has been submitted prior to a license renewalt We ask in the " renewal-in-entirety" letter that a complete new application be submitted which does not reference any information or documents which have previtusly been submitted.
In the " Standard" renewal letter, the licensee is told that "if certal information in past applications is unchanged in'your present application, you may incorporate it by reference."
If there have been no changes, then it is only necessary for the licensee to complete ite li 2, 3 and 16.
The decision to send a " standard" vs " renewal-in-entirety" letter is based on a) language contained in license conditionsi i.e., does it reference current regulations b) number of amendments issued and c) oc recent inspection report, 11.
Has the State taken any special licensing action with respect to licensees operating under multiple jurisdiction?
Not Applicable 12.
Prepare a table as below showing the State's major licensees with name number and type.
INCLUDE:
o Broad (Type A) Licenses o
LLW Disposal Licenses o
LLW Processing and Brokers o
Major Manufacturers and Distributors o
Uranium Mills o
Large Irradiators (Pool Type or Other) o Other Licenses With a Potential Significance for Environmental Impact o
Other Licensees You Consider to be " Major" Licensees NAME LICENSE NUMBER TYPE U.N.L.
02-01-03 Educational Broad (Type A)
U.N.N.C.
01-50-01 Educational Broad (Type A)
Dale Electronics 10-02-01 Distributor Notifier 02-17-01 Distributor Becton-Dickinson 04-01-01 Irradiator Sherwood Medical 07-02-01 Irradiater Great Plains Radiopharmacy, Inc. 01-64-01 Nuclear Pharmacy
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B.
Adequacy of Product Evaluations (Category I)
NRC Guidelines RCP evaluations of manufacturer's or distributor'? data on sealed sources and devices outlined in NRC, State, or appropriato CNSI Guice should be sufficient to assure integrity and safety for users. The RCP shot:
review manufacturer's information on labels and brochures relating to t
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v 26
- radiation health and safety, essay, and calibration procedures for adequacy.
Approval documents for sealed source or device designs should be clear, complete and accurate as to isotopes, forms, quantities, uses, drawing identifications, and permissive or restrictive conditions.
Questions:
1.
List new and revised SS&D registrations of sealed sources and devices issued the review period?
l Not Applicable SSLD Name Type Registry of of Number Manufacturer, Device 3
Distributor or
[s or User Source (Custom Evaluation)
L 2.
How many SS&D evaluations have been made for which registry documents have not yet been issued? What guides and procedures are used to evaluate registry applicators?
None 3.
What guides and procedures are used to evaluate registry applications?'
Not Applicable 4
Please describe the procedures for supervisory review of SS&D registrations.
Not Applicable.
C.
Licensing Procedures (Category II)
NRC Guidelines: The RCP should have internal licensing guides, checklists, and policy memoranda consistent with current NRC practice. ' License applicant (including applicants for renewals) should be furnished copies of applicable guides and regulatory positions. The present compliance: status of licensees:
should be considered in licensing actions. Under the NRC Exchange-of-Information program, evaluation sheets, service licenses, and licenses authorizing distribution to general licensees and persons exempt from licensing should be submitted to NRC on a timely basis.- Standard license conditions comparable with current NRC standard license -conditions should be used to expedite and provide uniformity in the licensing process. Files should be maintained in an orderly fashion ta allow fast, accurate retrieval of information and documentation of discussions and visits.
l l
a
[l~
t r-l k?
Questions:
1.
Are current NRC Regulatory Guides furnished to reviewers?
Yes 2.
Do your reviewers use the standard review plans, model licenses, etc.
that are furnished in the NRC Fuel Cycle Policy and Guidance Directive t FC un-uut As needed.
3.
Are checklists used by the reviewers and maintained in the files?-
-Yes, checklists are used.
No, they are not maintained in the files one
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the license is issued.
4 What internal licensing guides and procedures has the State developed?
DRHS-RMP-2 (December 30, 1987), was developed to address licensing je requirements for Mobile Nuclear Medicine Laboratories (vans).
5.
What licensing guides and regulatory positions are furnished to new anc; renewal license applicants?
l-l Currently, regulatory guides are sent out with-new applications for a 11 cense. The following guides are routinely supplied to applicants.
NDRH Nebraska Division of Radiological Health Guide for Preparation of Applications for Medical Programs (February 1984).
Guidelines for Bioassay Requirements for 1-125 and 1-131 (January 1984)I Guide for ttA ? reparation of Applications for Licenses for Laboratory-(,
Use of Small Euantities of Radioactive Material (January 1980).
Guide for Preparation of Applications for Radioactive Materials License-for the Use of sealed Sources in Gas Chromatography Electron Capture Detector = Assemblies January 1990.
Guide for Preparation of Applicati;ns for Radioactive Materials Licensees for the Use of Sealed Sources in Fixed Gauging Devices (January 1990).
NRC Regulation Guides are utilized as needed for other' types of license applicants not covered by the NDRH Guides.
6.
How do reviewers determine the present compliance status of licensees when considering licensing actions?
If licensing staff has any question (s) concerning compliance status, to.,
license would not be issued until the questions are satisfactorily resolved by conferring with inspection staff.
7.
For what length of time are licenses issued?
Five years.
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m ES O.
Explain how soon-to-expire licenses are tracked to assure either' timely applications are received or procedures initiated to terminate the license.
Request for renewal applications'are sent out approximately three montt g:
before license is due to expire. Various approaches are; initiated for expired licenses when a renewal application has not been submitted in a timely manner.
Is 9.
What mechanism er;sts to assure the distribution of SSLD registrations, and service licenses issued by the State to the NRC?
L j.:
Not Applicable.
10.
Have you developed your own standard license conditions, and if so, whr were they reviewed and updated? Please provide copies for review.
Yes, standard license conditions were reviewed and updated January of !
1987 and are compatible with NRC's latest standard conditions (see j -
attachment).
l Who is responsible for verifying your standard conditions are comparab; to the current NRC conditions?
Health Physicist, in consolation with Director.
L 12.
Who is responsible for keeping the SS&D registry current?
Typist !! has been trained by Staff Assistant to file / update the' Sealec Source and Device Notebooks.
13.
Describe the. system used-to advise licensees of pertinent changes in regulations and regulatory procedures, l
If necessary, a memorandum is issued to the appropriate licensees.
14.
Describe your procedures for maintaining the license files (How are I
files and folders arranged? -Are telephone contacts and visits documented? Who is responsible for filing materials in folders?).
The licensing staff is responsible for cleaning out files and keeping )
them up-to-date.. The individual license folders are arranged according' to county. Telephone contacts.and visits are documented, although once l (licensing) action is taken, or written notification is received from )
the licensee, the notes may be disposed of.
15.
Are there opportunities for license reviewers to accompany inspectors?
J Yes.
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29 i
VI.
COMPLIANCE A.
Status of Inspection Program (Category Il NRC Guidelines The State RCP should maintain an inspection program adequate to assess licensee compliance with State regulations and license conditions..
The RCP should maintain statistics which are adequate to permit Program Management to assess the status of the inspection program on a periodic basis Information showing the number of inspections conducted, the number overdue, )
the length of time overdue and the priority categories should be readily available. There should be at least semiannual inspection planning for the number of inspections to be performed, assignments to senior vs. junior staff l assignments to regions, identification of special needs and periodic status !
reports. When backlogs occur the program should develop and implement a plan; to reduce the backlog. The plan should identify pricrities for inspections and establish target dates and milestones for assessing progress.
l Questions 1.
How is statistical-information maintained about the inspection program to permit periodic assessment of its status by RCP management?
s This information is kept on the word processor. An " inspections due" list is pulled up at least annually.
Inspector keeps track of completed inspections and reports to the director on a monthly basis.
The Secretary II responsible for radioactive' materials maintains a current status report on inspection date(sli number of noncompliance items and.
recommendations, and dates of correspondence.
2.
Prepare a table as below indicating the number of inspections made in s
the review period, by category and priority.
Inspection Number Scheduled Number of'~
Category Licenses Frequency inspections 9
1 year 14 11 53 3 years 32 III 100 5 years 26 GL's 200 5-10 years 37 3.
Prepare a table (or tables) as below which identify the Priority 1, 2, and 3 licensees with overdue inspections. Include the inspection category, the due dates and the number of months the inspection is overdue.
(If list is extensive, a comparable computer printout.is acceptable.) The list should include initial inspections that are overdue.
See attachment VI. A 3 Inspections Dye.
4.
Prepare a table as below indicating the number of overdue license inspections for lower priorities.
See attachment VI A 3 Inspections Due.
}
30 5.
If there are overdue inspections, describe or attach a copy of your pla for eliminating it.
Identify priorities, target dates and procedures for measuring progress. Includes as appropriate, copies of memoranda tc the RCP staff regarding the plan.
By September 1988, compliance inspections will have top priority in order to eliminate-any backlog of overdue initial or follow-up inspection.
If needed, assistance will be recuested from the Director -
or Coordinator.
6.
How are inspection schedules planned and how are the dates and personne assignments madet inspection schedules are planned by priority status and geographic location on an annual basis.
inspections are generally self-sch&duled except for Broad Scope (Type A) licensees which require additional manpower and coordination.
7.
How-are initial inspections identified when they become_ overdue?
From " Inspections Due" list.
Initial inspections are to be done within six months from date license is issued.
Initial inspections are toentified as "00-00" on list.
8.
a.
Describe your inspection priorities for inspecting terminated licenses.
A close-out inspection would be performed if licensee used open o unsealed long half-life sources.
In addition, a close-out inspection would be performed, per director's request, on users o large quantitles of sealed sources such as industrial radiographers. NRC guidance contained in 83890 "Close out Inspection and Survey" in Inspection Procedure would be followed per Procedures Manual - Licensing Section.
b.
How many of these inspections are pendirq at this time?
None c.
How many were inspected since the last review?
None 9.
a.
How many reciprocity notices were received in the review period?
The reciprocity requests have been entered en a Symphony, databas file since July of 1987. Approximately 82 requests have been received between July 1987 and May 1988. For ty-two companies have current information on file, i.e.,
license, operator training and operating and emergency procedures.
31 b.
How many were inspected?
Two 10.
How many field inspections of radiographers were performed in the revie period?
Three B.
' Inspection Frequency (Category I)
NRC Guidelines: _The RCP should establish an inspection priority system. The specific frequency of inspections should be based upon the potential hazards of licensed operations, e.g.,
major processors, broad licensees, and industrial radiographers should be inspected approximately annually -- smalle or less hazardous operations may be inspected less frequently.
The minimum inspection frequency including for initial inspections should be no less that the NRC system.
Questionst i.
Please attach a copy of the State's priority system.
See Attachment VI Bi from Procedures Manual - Inspections Section.
2.
Who assigns licenses to the priority categories?
Per priority assignment by license reviewer. Unusual cases would be.
reviewed with the Director.
3.
Is the priority noted in the license file?
No, priority is noted on a comp,'ete inventory of current radioactive materials licensees.
Priority le also indicated on the " Inspections Due" list.
Discuss any variances in the State's priorities from the NRC priority 4
system and the reasons for the variances.
The State's priority system is compatible with the NRC's except that Nebraska only has three priority levels.
5.
Describe the State's t olicy for unannounced inspections and exceptions to the policy.
All inspections are unannounced except those which require prior notification to be abla to contact the licensee. Exceptions to this er large licenses, it wouid be difficult to cover-up noncompliances in a short period of time foi these licensees. Notice for a broad scope inspection may be up to a week in advance. Other licensees would receive a day or two notice, if for example, out-state inspections are scheduled.
I O
I. ;
i 32 i
l-6 Describe the State's policy for conducting follow-up inspections.
Follow-up inspections are scheduled for a month to six months later if-L health-and safety problems are of concern.
l 7.
Identify any group of materials licensees for which the State has i
increased the frequency of inspection due to problems with that general!
category. Please discuss the nature of those problems.
There has been no increased inspection frequency for a spec.fic group c j materials licensees.
j C.
Inspector's Performance and Capability (Category !)
NRC Guidelines Inspectors should be competent to evaluate health and Safetsi problems and to determine compliance with State regulations.
Inspectors musti demonstrate to supervision an understanding of regulations, inspection guldetl and policies prior to independently conducting inspections. The compliance supervisor (may be RCP manager) should conduct annual field evaluations of each inspector to assess performance and assure application of appropriate ar consistent policies and guides.
Questions:
1.
How do new inspectors become qualified to conduct independent inspections since the last review?
Not Applicable 2.
Prepare a table showing the number and' types of supervisory accompaniments made during the review period. Include Supervisor Inspector License Category Date Elli.s Simmons Cheryl Rogers 11
!!/16/86 Harold Borchert Cheryl Rogers 2/24/87 Harold Borchert Cheryl Rogers 11 2/24/87 Harold Borchert Cheryl Rogers 2/24/87 Harold Borchert Cheryl Rogers 2/25/87 Harold Borchert Cheryl Rogers 2/26/87 Harold Borchert Cheryl Rogers 1
8/4/87 Harold Borchert Cheryl. Rogers 8/4/07 Harold Borchert Cneryl Rogers 8/5/87 Harold Borchert Cheryl Rogers til 8/5/87 Ellis Simmons Cheryl Rogers 8/7/87 Harold Borchert Cheryl Rogers 9/1-3, 10/87 Harold Borchert Cheryl Rogers i
11/17/07 Harold Borchert Cheryl Rogers 1
5/9-12 & 16-10/06 3.
Did all inspectors receive at least one accompaniment by the compliarce supervisor during the review period?
If not, explain.
Yes.
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33 D.
Responses to Incidents and Alleged incidents (Category 1)
NRC Guidelines Inquiries should be promptly made to evaluate the need for on-site investigations. On-site investigations xx should be promptly made of incidents requiring reporting to the Agency in less than 30 days (10 CFR 20.403 types). For those incidents not requiring reporting to the Agency in less than 30 daysi investigations should be made during the next scheduled inspection. On-site investigations should be promptly made of y non-reportabl incidents which may be of significant public interest and concerne e.g.
transportation accidents.
Investigations should include in-depth reviews of-circumstances and should be completed on a high priority basis. When appropriate, investigations should include reenactments and time-study <
measurements (normally within a few days).
Investigation (or inspection) results should be documented and enforcement action taken when appropriate.
State licensees and the NRC should be notified of pertinent information about any incident which could be relevant to other licensed operations (e.g.,
equipment failure, improper operating procedures). Information on incidents involving failure of equipment should be provided to the agency responsible for evaluation of the device for an assessment of possible generic design deficiency. The RCP should have access to medical consultants when needed to diagnose or treat radiation injuries.
The RCP should use other technical consultants for special problems when needed.
Special Note: The criteria for reporting radioactive materials events are set out in All Agreement States letter from D. Nussbaumer dated July _22, 1986:
o Abnormal Occurrences: These are the most significant events.
In addition to an early telephone notification to the regional office, a written report from the State is needed for inclusion in the Quarterly Report submitted by NRC to Congress ( ADR). Criteria for reporting and guidance on content of reports can be found in any AOR.
o Telephone Reports:
These are events for which NRC would like to receive early telephone notification. Typically, these include incidents requiring prompt or 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> notification by licensees to States or events that receive sign'ificant media attention.
o Other Reportable incidents: These are events for which reports are required of the licensees to the State.
Questionst 1.
What criteria is used to determine the need for and timeliness of on-site investigations of reported incidents?
The RCP Director determines the need for and timeliness of on site investigations of reported incidents. Misadministration reports of diagnostic radiopharmaceuticals are reviewed on the next inspection.
i e
3*
2.
How many reports of incidents and alleged incidents were received durir the review period?
Five 3.
How many on-site investigations were conducted during the period?
Two 4.
How many investigations revealed an incident occurred which required NF notification, either by telephone or by written report?
(Refer to July 22, 1986 All Agreement State Letter for definition.)
None 5.
Please attach a short summary of events identified in questions to this questionnaire, 2-4, above.- (Incident summary forms, attached, may be used for this purpose).
D8TE BRIEF DESCRIPTION 2/12/87 U.N.M.C.
Linens possible contaminated with I-131 removed from patient room (Investigated).
4/3/87 Request for survey of Mg. Thorium Airplane Parts.
(Investigated) 10/30/07 Transportat ion incident at Grand Island (No radioactive materials were involved.)
9/9/87 Unauthoriz ed disposal of P-32 (60 uC1) and 5-35 (1 uC1) tr, local landfill.
12/10/87 U.N.L. F-32 personnel contamination incident.
3/15/08 Moisture / Density Gauge damaged on-site No loss of radioactive materials.
(Investigated).
5/17/88 Nuclear Gauge damaged on-site No loss of radioactive -
materials.
(Phone Notification)
Reports are available upon inspection.
6.
If not included in the response to question 5 above please attach a summary of reports of leaking sealed sources. Please identify the source by manufacturer, model number, age of source (if available), datt of leak test and leak test result.
Not Applicable
3'i 7.
Did any incidents involve equipment or source f ailure or operating procedures that were deficient but were approved?
If soi how and wher were State licensees and the NRC notified of pertinent information relevant to other licensed cperations?
No 0.
Was ir. formation on incidents involving failure of equipment or sources provided to the agency responsible for evaluation of the device for er assessment of possible generic design deficiency? Please provide details.
Not Applicable 9.
If the RCP utilized medical or technical consultants for an emergency during the review period, please describe the circumstances.
Not Applicable 10.
Describe the procedures for investigating allegations or other reports of possible wrong doing by licensees, for example, Protecting the identity of allegers or persons requesting that a.
their identities not be made available for public disclosure The staff is aware that confidentiality of the identity of allegers or persons should be maintained.
b.
Obtaining documentation (e.g., signed statements, copies of records)
Documentation would be obtainea in a manner similar to requestinq such information on an inspection.
Obtaining the services of persons with appropriate training and c.
experience in conducting investigations (e.g., for conducting an(
document ing interviews)
Interviews have been limited to Radiation Control Program Staff, to-date.
d.
Obtaining legal counsel Legal counsel is available within the Health Department upon request or as needed, Guidance for staff when allegations concern or investigations e.
disclose the possibility of wiful violations of regulatory requirements or other evidence of criminal wrong doing. Such situations would be referred to the RCP Director for specift guidance.
3e Please attach copies of these procedures. No written procedures are available at this time, 11. In the review period, are there any cases involving possible criminal wrong doing that were investigated or are presently undergoing investigation? No E. Enforcement Procedures (Category Il NRC Guidelines Enforcement Procedures should be sufficient to provide a substantial deterrent to licensee noncompliance with regulatory requirements. Provisions for the levying of monetary penalties are recommended. Enforcemer letters should be issued within 30 days following inspections and should employ appropriate regulatory language clearly specifying all items of noncompliance and health and safety matters identified during the inspection and referencing the appropriate regulation or license condition being violated. Enforcement letters should specify the time period for'the license to respond indicating corrective actions and actions taken to prevent recurrence (normally 20-30 days). The inspector and compliance supervisor should review licensee responses. Licensee responses to enforcement letters should be promptly acknowledged as to adequacy and resolution of previously unresolved items.. Written procedure should exist for handling escalated enforcement cases'of varying degrees. Impounding of material should be in accordance with State administrative procedures. Opportunity for hearings should be provided to assure impartial administration of the radiation control program. Questionst 1. What enforcement measures are available to the State to provide a deterrent to licensee noncompliance with regulations or license provisions? Enforcement measures for violations of regulations or license condittor rely on documentation and licensee's response. The inspector prepares written documentation specifying the violations. These are sent with a cover noncompliance letter that is signed by the RCP Director within two-four weeks of the date of the inspection. The RCP requests a response detailing corrective actions within 30 days from the date of the noncompliance letter. if compliance is not achievedi a written order would be issued, followed by a hearing. See Attachment VI Ei. 2. Are there written procedures establishing severity levels for violators Please attach a copy. No, however, the severity levels of violations are being included in os proposed regulations. l
l 3. Are there written procedures for escalated enforcement? Please attach copy. Yes, See Attachment VI E 3. 4 If the RCP can apply civil penalties, have procedures been established to determine when they apply and the amounts? Please attach a copy. There is a nominal penalty of $50 but not more than S200 for any perso who violates rules, regulations or orders._ Civil penalties are not a part of our enforcement actions at this time. Civil penalties are beli included in our proposed regulations. 5. Describe the State's provisions for criminal penalties. The statute has provisions for criminal penalties. 6. Are enforcement letters issued within 30 days following inspections? Yes 7. Do you have a standard format for enforcement letters? Yes 8. How are recommendations differentiated from items of non-compliance in the letters? Recommendations are a separate attachment to the noncompliance letter. They are not listed with the violations. 9. Do the letters reference the appropriate regulation or license conditic being violated? The notice of violation cites the appropriate regulation or license condition. 10. What time period is specified in the enforcement letters for the licensee to respond with corrective actions taken? Licensees are generally required to respond within 30 days to enforcement letters. If health and safety are factors, a shorter time period may be required, 11. Do inspectors write enforcement letters? If so, do the letters undergt supervisory review before they are sent to the licensee?. Inspectors may write enforcement letters. They are signed by RCP Director. 12. Who reviews licensee responses? Licensee's response to an enforcement letter would be reviewed by bot the inspector and RCP Director.
L! l 25 management, and issuing appropriate notification of violations of health anc . safety problems. Procedures should be established for maintaining-licensees compilence histories. Oral briefing of supervision or the senior inspector should be performed upon return from nonroutine inspections. For States wit separate licensing and inspection staffs, procedures should be established for feedback of information to license reviewers. Questions: 1. Do you use inspection guides that are specific to categories of licensees? Yes, Inspection guides have been developed for specific categories of licensees. 2. Has the RCP developed its own inspection guides or does it use NRC guides? NRH-30 Nu, clear Medicine / Brachytherapy Inspection Report. NRH-31 Fixed, Portable, Semi-Portable Gauges and Gas Chromatograph Inspection Report. NRH-32. Teletherapy Inspection Report. 32A, 32B NRH-33, Industrial Radiography Inspection Report. 33A NRH-34 Irradiator inspection Report. NRH-35, Educational Inspection Report. 35A' NRH-36 Pathology Inspection Report. NRH-40 Gtatic Eliminator Device Survey. General Inspection Form. 3. Discuss the use of inspection policy memoranda, interpretations, etc., to supplement inspection guides.
- Not Applicable Are there written policies and procedures fort w.
a. unannounced inspections? Covered in the inspections section of the procedures manual. b. obtaining corrective action? . Covered in the inspections section of the procedures manual. following-up and closing out previous citations of violations? c. Guidance from the NRC Inspection Course would be followed. I l ~
l
- v l
d. interviewing workers? Guidance from the NRC Inspection Course would be followed. e. observing operations? Guidance from the NRC Inspection Course would be followed. f. exit interviews with management? Guidance from the NRC Inspection Course would be followed. issuing notices of violations and findings of health and safety' g. problemst Ccvered in the inspection section of the procedures manual. Please have copies of these procedures available for the reviewer. 5. Describe the procedures for maintaining licensee's compliance histories ! A summary sheet listing the noncompliance items for all previous I inspections is maintained in the in the inspections portion of the licensee's R.M.L. file. 6. Explain your policy for supervisors debriefing inspectors upon return from inspections. Inspection results are orally reviewed with RCP Director. 7. What procedures are there for providing feedback of compliance information to licensing? Oral comments are made to licensing.. A decision is made with RCP p Director on whether an inquiry will be sent, (to prompt amendment letter) or if a note to the file will suffice until receipt of the next required license amendment. G. Inspection Reports (Category !!) NRC Guidelines: Findings of inspections should be documented in a report describing the scope of' inspections, substantiating all' items of noncompliance - and health and safety matters, describing the scope of licensees' programs, and indicating the substance of discussions with licensee management and licensee's response. Reports should uniformly and adequately document the results of inspections and identify areas of the licensee a program which should receive special attention at the next inspection. Reports should'show the status of previous noncompliance and the independent physical measurements made by the inspector. t 1
"I i Questions: 1. Describe the format (s) used by the RCP for docunienting inspections. Inspections are documented on individual inspection report forms. Noh from individual lab " walk through" inspections are finalized in narrative form. Irradiator Teletherapy and Industrial Radiography inspections document inspections with a yes/no format and dates are included, when appropriate, to document record review. Most~inspectiot reports are documented with short narrative statements for the area under review. Broad scope inspections are narrative reports with sufficient attachments to document record review and individual authortred user lab inspections. All inspections cover the following-areas: organization and administration, sources of radiation, discussion with users, facilities, equipment, instrumentation, personnt monitoring (if required) _ survey program, record review, waste disposal and summation with management. Non-compliance and health and safety items.are documented in the area (s) in which they occur. The reports substantiate problem areas with specific details, i.e., dates of calibration, leak. test dates, or manuf acturer's model no. of instrumentation used. The scope of the inspection and/or follow-up areas are generally summarized at the conclusion of the report. 2. Do the reports documents the entrance and exit discussions held with license management? a. The person with whom the entrance interview is conducted is L documented in the inspection report. if the previous item (s) of I noncompliance are reviewed with the management, and there.is no further discussion, then the entrance discussion is not specifically summarized. If particular problems or areas of concern are brought to the inspector's attention, these are addressed during the inspection and responded to in the exit interview. Exit discussions with management are documented in thi inspection reports. b. follow-up of previous citations of violations? Previous items of noncompliance are summarized and their status i: reported, i.e., cleared or repeat items, at the beginning of the inspection report. c. results of interviews of workers? Interviews with workers are documented. We also try to document l' radiation safety training the worker has received and person's training background. 1 l d. results of observations of operations? Observations of operations are documented. i 1 {
t i2 confirmatory measurements conducted by the inspector? ez Confirmatory measurements are documented. f. areas of the licensee's program needing special attention at the! next inspection? Follow-up areas are noted for the next inspection. g. the items of non-compliance found in the inspection? i Items of non-compliance are documented with specific information to support the citation.- H. Confirmatory Measurements (Category !!) i NRC Guidelines: Confirmatory measurements should be sufficient in number anc L type to ensure the licensee's control of materials and to validate the I' licensees measurements. RCP-instrumentation should be adequate for surveying: license operations (e.g., survey metersi air samplers, lab counting equipment: l-for smears, identification of isotopes, etc.). RCP instrumentation should include the following types: GM Survey Meter: 0-50 mr/hr Ion Chamber Survey Meters several r/hr Neutron Survey Meter: Fast & Thermal l _. Alpha Survey Meter: 0-100,000 c/m l Air Samplers: Hi and Low Volume Lab Counters: Detect 0.001 uc/ wipe Velometers Smoke tubes Lapel Air Samplers Instrument calibration services or. facilities should be readily available and; appropriate for Instrumentation used. Licensee equipment and facilities shoul not be used unless under a service contract. Exceptions for other State Agencies, e.g. a State University, may be made. Agency instruments should be ! - calibrated at intervals not greater than that required of licensees being inspected. Questions: 1. Discuss the State's policy for conducting confirmatory measurements as i part of each inspection (e.g., air samples, wipe samples, air flows, dose rates). i. The Radiation Control Program does monitor radiation levels for contamination and storage. We do wipes for longer lived isotopes which are counted at the lab. Air flow measurement equipment is available. G
4S 2. List the equipment that is readily available to the: RCP for surveying licensed operations and conducting appropriate independent measurementt GM Survey Noters: 0-20 mR/hr (Routinely Used) lon Chamber Survey Meter Several R/hr Neutron Survey Meter: Fast and Thermal - Not Operational Alpha Survey Meters: 0-100,000 cpm Micro-R Survey Meter: 1-100 uR/hr Air Samplers: Hi and Low Volume Lab Counters: Detect 0.001 uCi/ wipe Velometer: One Available Smoke Tubes Available See attachment VI H 3 3. Describe the method used for calibrating survey instruments and the frequency of calibration. Survey instruments are calibrated annually or after service., After service calibrations are performed by the manufacturer. Those instruments used by the staff _are calibrated using 4-1 Curie Cesium-137 source or appropriate calibration sources for contamination surveys. VII. OTHER ASPECTS OF THE STATE'S RADIATION CONTROL PROGRAM A. Non-Agreement Sources of Radiation Questions: 1. Are the licensing and inspection procedures for NARM the same as f or - agreement materials? Yes B. Environmental Monitoring Prograa Questions: 1. To indicate the scope of the environmental monitoring programs undertaken specifically to evaluate the environmental radiclogical impacts of State licensed facilities describes COOPER NUCLEAR STATION a. the licensee (name, license number and type of operation) 1. Cooper Nuclear Station-b. types of media sampled 1. air 2. water 3. milk 4. food products 5. fish 6. sediment from shoreline
0; ' 1 44 c. the number and locations of stations sampled 1. air - 3 sites. 2. water - 2 sites 3. milk - 1 site 4 food products 2 sites ~ 5. fish - 1 site 6. sediment from shoreline d. the frequency of sample collection 1. air - weekly 2. water - monthly 3. milk - monthly 4 food products - annually 5. fish - semiannual 6. sediment from shoreline - annually e. the' analyses run on each type of sample 1. air a. particulate - gross alpha & gross beta weekly b. particulate - gamma isotopic composite quarterl) c. radiciodine - I-131 isotopic weekly d. ambient gamma radiation measured by thermoluminescent dosimeters (TLDs) quarterly. 2. water a. upstream & downstream surf ace - gamma isotopic monthly b. upstream & downstream surface - I-131 < l.0 pCi/l monthly c. upstream & downstream surface - Tritium composite quarterly 3. milk
- a.. gamma isotopic monthly b.
radiciodine 1-131 - < l.0 pCi/l monthly 4. food products
- a.. gamma isotopic annually 5.
fish
- a.. gamma isotopic semiannually 6.
sediment from shoreline a. gamma isotopic annually FORT CALHOUN NUCLEAR STATION a. the licensee (name, license number and type of operation) 1. Fort Calhoun Nuclear Station b. types of media sampled 1. air 2. water 3. milk 4. fish 5. sediment from shoreline c. the number and locatter.s of stations sampled 1. air - 4 sites. 2. water - 2 sites 3. milk - 1 site 4. fish - 1 site 5. sediment from shoreline
4S d. the frequency of sample collection 1. air - weekly 2. water - monthly ^ 3. milk - monthly 4 fish - annually p 5. sediment from shoreline - annually e. the analyses run on each type of sample l. air a. particulate - gross alpha L gross beta' weekly b. particulate - gamma isotopic composite quarterly 4 c. radiciodine 131 isotopic weekly d. ambient gamma radiation measured by thermoluminesc~ent dosimeters (TLDs) quarterly. 2. water a. upstream 4 downstream surface - gamma 'aotopic monthly b. upstream & downstream surface 131 < 1.0 pCi/l - monthly c. upstream & downstream surface - Tritium composite quarterly 3. milk a. gamma isotopic monthly b. radiciodine 1-131 - < l.0 pCi/l monthly 4. fish a. gamma isotopic annually 5. sediment from shoreline a. gamma isotopic annually SHELDON POWER STATION (HALLAM NUCLEAR STATION) a. the licensee (namei license number ~and type of operation) 1. Sheldon Power Station (Hallam Nuclear Station) b. types of media sampled 1. surface and ground water c. the number and locations of stations sampled 1. .11 ground water sites. 2. 3 surface water sites.
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the frequency of sample collection 1. semiannual _ l e. the analyses run on each type of sample 1. ground water - tritium,' gross beta, gamma isotopic 2. surface water - tritium, gross beta, gamma isotopic 2. How is such data used in your licensing and inspection programs for thet State-licenses? 1. Data is used for1the NRC/ State of Nebraska Environmental Monitoring Cooperative Agreement around Fort Calhoun Nuclear Station and Cooper Nuclear Station. o 2. The Hallam Nuclear plant report is submitted to the DOE semiannua! from this data. I Please attach copies of any summaries or periodic reports relating to this aspect of your environmental surveillance program. Available for review by NRC Reviewer.
we e C. Other Areas This section of the review is for the use of either the reviewer or the RCP. address issues pertaining only to the individual States to new areas of concern, or to generic or State-specific issues raised by NRC staff. Questions: 1. Have there been any applications or approvals for incineration,- compacting or for methods of LLW disposal not provided for in the regulations (i.e., 10 CFR 20.302 requests)? _ If so, please list the applicant and nature of application and status. No 2. What use is being made of NRC information notices? They are sent out to the appropriate state licensees. 3. With respect to medical licensees, is the State making any effort durit inspections of nuclear pharmacies to Obse,ve-the licensee conducting tt required moly 5denum breakthrough tests, i.e., what is the. State doing addition to re,tord reviews to establish compliance or noncompliance wi the requirement? Observe where possible and require licensee to demonstrate. 4 a. Is the Sttte mounting any special effort to look at the possibility of. reconcentration of radionuclides in sanitary sewet and sewerage treatment plants aa part of the regular inspection program? If soi please deteribe. Not Applicable b. If reconcentration of radionuclides in sanitary sewers or sewerat treatment plants has been found, please identify the site and licensee. e e e
APPENDIX B 0 4 4
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l t i rummHT 30/30/97 91V151018 OF RADIOEAGICAL NEALTER seereld 9erchert I Directer a title Steerms Caerdinater l 1 1 I I 1 1 amp 10aC11TE staTERIALs 'BETIM RECisTRATIcis E5EBCDCT RE3FeieSE STassamfB5l p t:asspeusfaL sesNITURIIRC l SUPPORT LICENSIIsc & INSFEC- & CEBWLIAgICE (I-GAY FtAsust#C & TRAlstWC g & SERTEt8n e sect 3est SECTBCT T10p SECTION
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I l l l I N'* Bow Fratese Chief Secretary II [ Cheryl % re Pie DeFrele(254I Joyce Devideos ' Jim DeFreie(75l) ~ Neelth Boelth IIselth Iteelth Redfelegical Moelth Beelch steff 9y,gy,ggg Physiciet Phyetcist rhyetciet '~ Phyetetet Noelth Phyeteset Phyesetet AmeGetent 1 I specialsee It I coergia ar1 dest PSb) Georgia pr1 %(254) 9 ary Imotenschiapw(204) Radiote=,seet medielegical andtelegical mestelegseet medfeteaseet Typset 11 eg,,, i Weetsk Itealth IIselth amelth amelth Specialtet 11 [ Speciellet 11 Specialist II i Speciellet II. Spectatiet id j i M Imotomochlag>t(904) Eadielegical Radielegical Bedfelegteet todteleg4cel j Weelth Noelth meelch asetth Tyytet II j - - - un t=* 11 Anocialist II Specialist I Specialset I I M$sk$4ek M IeIeg$ eel t Beelth Beelth Sneesesset I specialset I Tyytet II h i I [ } Radielegieel Bedtelegical t seelth aseelth l - t-h I L Semeselset I gyyg,g gg 3 i i i \\ u
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2. Licensee: St. Joseph Hospital Address: 601 North 30th 5treet, Omaha Nebraska License Number: 01-05-04 (Amendment No. 26) Date of Issuance: June 9, 17EE Expiration Date: May 31, 1991 License Type: Bone Mineral Anaey2er (at temporary jobsites) 2. Licensee: Great Plains Regional Medical Center Address: 601 West Leota Street, North Platt, Nebraska license Number: 15 03-01 (Amendment No. 14) Date of Issuance: July 23, 1987 Expiration Date: June 30, 1992 License Type: Medical Facility 3. Licensee: AECL Address: 4TI Rarch Road, Kanata, Ontario, Canada License Number: 99-37-01 (Amendment No. 10) Date of Issuance:~~ January 21, 1988 Expiration Date: January 31, 1993~ License Type: Irradiator Service 4. Licensce: Immanuel Medical Center Address: 6901 North 72nd Street, Omaha, Nebraska License Number: 01-04 01 (Amendment No. 42) Date of Issuance: September 29, 1987 Expiration Date: September 30, 1992' License Type: Medical Facility 5. Licensee: University of Nebra*ka Medical Center Address: 42 and Dewey Avenue Omaha, Nebraska License Number: 01-50 06 Date of Issuance: October 7, 1986 Expiration Date: December 31, 1990 License Type: Teletherapy 6. Licensee: Platte Pipe Line Co. Address: 159 Wolcott Street, Casper, Wyoming License Number: 60-01-01 (Amendment No. 4) Date of. Issuance: December 17, 1986 Expiration Date: December 31, 1991 License Type: Gauge ~~ 7. Licensee: Great Plains Radiopharmacy, Inc. i Address: 4502 Leavenworth 5treet, OmaEa~~Rebraska License Number: 01-65-01 Date of Issuance: December 22, 1986 l Expiration Date: December 31, 1991 1 License Type: Radiopharmacy o a
2 B. Licensee: Sierra lesting & Inspection Address: 2519 West 68th Street, Tu,lsa, Oklahoma License Number: 99 41-01 Date of Issuance: March 30, 1987 Expiration Oate: March 31,1992 License Type: Radiography 9. Licensee: Radiolony Consultants P.C. Address: II918 Gold Circle, Omaha, Nebraska License Number: 01-63-01 Date of Issuance: _ September 5, 1986 Expiration Date: August 31, 1991 License Type: Medical 10. The following terminated licenses were reviewed for proper termination procedures. Davis Great Guns License No. 48 02-01 Agricultural Technology License No. 48 01-01 Diesel Power Equipment License No. 01-55-01 Bergan Mercy Hospital License No. 01-09 01 CIBA-GElGY Corp. License No. 17-01-01 Frank Juska License No. 10 04-01 U.N.M.C. License No. 01-50-03 Bishop Clarkson License No. 01 12-01 Nucor Steel License No. 07 03-01 l I
LIC[NSE FILf5 COMMENTS 1 2 3 4 5 6 7 8 9 1. Package opening procedures in manual are not adequate 2. R50 not specified in application 3. Wipe test evaluation procedures in manual not adequate 7. Inadequate description of training for users and others 5. Documents out of orcer cr missing N 6. Frequency of medical isotope committee meetings inapprpriate 7. Diagrams submitted appear inadequate 8. No examples of any of the records to be kept were submitted 9. Physician not qualified for authorized use 10. Missing supportive information from file or not referenced 11, Review and response by State staff was not timely 12. Error on license document or amendment N 13. R50 is.a consultant not present onsite 14 Inadequate information on ~ leak tests 15. Inadequate information on survey instrument calibration 16. Operation and Emergency ^ Procedures not adequate ( 17. Improper maximum possession limit in license 18. Missing or improper license condition X X 19. Effluent monitoring evaluation incomplete 20. Radiation Safety Committee names and/or qualifications missing 21. Prelicensing inspection not documented 22. RSO qualifications inadequate
4 APPENDIX D t 4
1. LICENSEE: Great Plains Recional Medical Center ADDRESS: 601 West Leota, Porth Platte, Nebraska ] LIC. NO. 15-03 01 LICENSE TYPE: Medical PRIORITY 2 i INSP DATEi 02/26/87 INSPECTOR 5: C. Rogers, H7 Borchert ANNOUNCED - U EAW OURCED, INITIAL - REINSPECTION ) TYPE OF INSPECTION: COMPLETE - PARTIAL - INVESTIGATION - FOLLOWUP TYPE OF REPORT: NARRATIVE - FORM, REPORT DATE: 03/25/87 REPORT REVIEWED BY: H. Borchert DATE REVIEWED: 04/17/87 "591" TYPE FORM USED? No ENF. LETTER DATE: 03/03787 SIGNED BY: H. Borchert DATE OF LICENSEE RESPON5E: 04/03/87 DATE OF STATE ACKNOWLEDGEMENT: 10/29/87 2. LICENSEE: Great Plains Radiopharmacy ADDRESS: 4502 Leavenworth Street, Omaha, Nebraska LIC NO. 01-65-01 LICENSE TYPE: Radiopharmacy PRIORITY 1 INSP. DATE: 08/07/87 INSPECTOR 5: C. Rogers, E. Simsons ANNOUNCED - UNNANNOUNCED, INITIAL - REINSPECTION TYPE OF INSPECTION: COMPLETE - PARTIAL - INVESTIGATION - FOLLOWUP TYPE OF REPORT: NARRATIVE - FORM, REPORT DATE: 09/02/87 REPORT k! VIEWED BY: E. Simmons DATE REVIEWED:" 09/02/87 "591" TYPE FORM USED? No ENF. LETTER DATE: 08/25787 SIGNED By: H. Borchert DATE OF LICENSEE RE5PON5E: N/A DATE OF STATE ACKNOWLEDGEMEN E Q 3. LICENSEE: Platte Pipe Line Co. ADDRESS: 159 Wolcott Street, Casper, Wyoming LIC NO. 50-01-01 LICENSE TYPE: Gauge PRIORITY 2 INSP. DATE: 08/17/86 INSPECTOY5: E. Simmons ANNOUNCED - UNNANNOUNCED, INITIAL - REINSPECTION TYPE OF INSPECTION: COMPLETE - PARTIAL - INVESTIGATION - FOLLOWUP TYPE OF REPORT: NARRATIVE - FORM, REPORT DATE: REPORT REVIEWED BY: None DATE REVIEWED: None "591" TYPE FORM USED? No ENF. LETTER DATE: 08/25786 SIGNED BY: E. Simmons DATE OF LICENSEE REIPON5E: 08/31/86 DATE OF, STATE ACKNOWLEDGEMENT: 09/12/86 4. LICENSEE: University of Nebraska Medical Center ADDRESS: 42 and Dewey Ave., Omaha, Nebraska LIC NO. 01-50-06 LICENSE TYPE: Teletherapy PRIORITY 2 INSP. DATE: 09/03/87 INSPECTOR 5: C. Rogers, E. SimEons ANNOUNCED - URRKHROURCED, INITIAL - REINSPECTION TYPE DE INSPECTION: COMPLETE - PARTIAL - INVESTIGATION - FOLLOWUP TYPE & REPORT: NARRATIVE - FORM, REPORT DATE: REPORT REVIEWED BY: H. Borchert DATE REVIEWED: 10/06/87 "591" TYPE FORM USED? No ENF. LETTER DATE: 09/25787 SIGNED BY: H. Borchert DATE OF LICENSEE RESPON5E: N/A DATE OF STATE ACKNOWLEDGEMEN T Q
1 2 5. LICENSEE: Immanual Medical Center ADDRESS: 6901 North 72nd Street LIC. NO. 01-04-01 LICENSE TYPE: Medical PRIORITY 2 l INSP. DATE: 05/20/86 INSPECTURI? J. Davidson, C. Rogers ANNOUNCED - UNNANNOUNCEO, INITIAL - REINSPECTION TYPE OF INSPECTION: - CURPLETE - PARTIAL - INVESTIGATION - FOLLOWUP TYPE OF REPORT: NARRATIVE - FORM, REPORT DATE: 09/15/86 REPORT REVIEWED BY: C_. _ Rogers DATE REVIEWED: 09/29/86 "591" TYPE FORM USE0? No ENF. LETTER DATE: 05/27786 $1GNED BY: H. Borchert DATE OF LICENSEE RESPON5E: 06/23/86 DATE OF STATE ACKNOWLEDGEMENT: 07/08/86 6. LICENSEE: Osteoporosis Center ADDRESS: 2120 South 56th Street, Lincoln, Nebraska LIC. NO. 02-30-01 LICENSE TYPE: B/M Analyses PRIORITY 2 INSP. DATE: 07/23/86 INSPECTOR 5: C. Rogers ANNOUNCED - UNNANNOUNCEO, INITIAL - REINSPECTION TYPE OF INSPECTION: COMPLETE - PARTIAL - INVESTIGATION - FOLLOWUP TYPE OF REPORT: NARRATIVE - FORM, REPORT DATE: 07/23/86 REPORT REVIEWED BY: H. Borchert DATE REVIEWED: 09/29/86 "591" TYPE FORM USE0? No ENF. LETTER DATE: 07/25786 SIGNED BY: H. Borchert DATE OF LICENSEE RESPON5E: N/A DATE OF STATE ACKNOWLEDGEMENTT N/A 7. LICENSEE: Beatrice Community Hospital ADDRESS: 1110 North 10th Street, Beatrice, Nebraska LIC. NO. 03-02-01 LICENSE TYPE: Medical PRIORITY -2 INSP. DATE: 10/30/87 INSPECTOR 5: C. Rogers ANNOUNCED - URRWDURCEO, INITIAL - REINSPECTION i TYPE OF INSPECTION: COMPLETE - PARTIAL - INVESTIGATION - FOLLOWUP TYPE OF REPORT: NARRATIVE - FORM, REPORT DATE: REPORT REVIEWED BY: H. Borchert DATE REVIEWED: 12/23/87 "591" TYPE FORM USE0? No ENF. LETTER DATE: 11/17787 SIGNE0 BY: H. Borchert DATE OF LICENSEE RESPONSE: N/A DATE OF STATE ACKNOWLEDGEMENTi N/A 1 l
i 3 8. LICENSEE: Professional Services ADDRESS: 2717 Douglas Street, Omaha, Nebraska LIC. NO. 01-08 03 LICENSE TYPE: Radiogra'hy PRIORITY 1 s INSP. DATE: _12/08/87 INSPECTOR 5:
- . Rogers ANN 00NCED - UNNANNOUNCEO, INITIAL - REINSPECTION TYPE OF INSPECTION
COMPLETE - PARTIAL - INVESTIGATION - FOLLOWUP TYPE OF REPORT: NARRATIVE - FORM, REPORT DATE: REPORT REVIEWED BY: H. Borchert DATE REVIEWED: 01/05/88 "591" TYPE FORM USE0? No ENF. LETTER DATE: 12/15787 SIGNED BY: H. Borchert DATE OF LICENSEE RESPON5E: 01/06/88 DATE OF STATE ACKNOWLEDGEMENT: 01/15/88 e l I l l
j E O Q COMPLIANCE FILES COMMENTS 1 2 3 4 5 6 7 8 1. Licensee's emergency procedures I not covered 2. No clear coverage of previous items of noncompliance 3. Lab results of samples collected by inspector not in report 4. Inspection exit meeting not specified in report 5. Incomplete coverage of radwaste >ackage and shippina procedures 6. Effluents not considered during the inspection 7. Inadequate documentation of leak test records 8. Lack of, or inadequate, interviews of workers 9. License was overdue for inspection 10. No indication of review of inspection report 11. Documents filed out of order in folder or some documents missino 12. Repeat violations not emphasized in enforcement letter Nothing on Q.A. program for manufactured sources o~ devices 14. Unclear documentation of scope of inspection 15. No evaluation of Mo-99 breakthrough procedures N 16. No description, or incomplete description, of facility 17. Contamination wipes not >erformed by inspector 18. Review or citati.on of Part 19 posting missina 19. Inadequate description of sersonnel monitoring system 20. Wo training program or inadequate evaluation of trainina 21. R50 function not readily available at the facility 22. Noncompliance item cited as a recommendation 23. No information regarding the radioisotope committee 24. No information regarding dose calibration procedures 25. State acknowledgement letter to licensee response was not timely N State enforcement letter not timely
4? v~, y e W 'lj i 3 { l APPENDIX E [ ( .il [ e h ( f i h ) E t l t e i a. e i n I t I s-
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l 1 f INSPECTIONS COMPLIANCE INSPECTIONS PURPOSE: Compliance inspections are made to determine the safety of a licensee's operation and facilities. The inspection is intended to be an assistance to the licensees - not en interference. A well executed inspection will detect items of noncompliance with the Regulations and specific licer.se conditions. To do this requires thor-oughness, detail and professional judgement. A licensee may not be overjoyed at the prospect of an inspection, but if it is conducted properly, the licensee should have a safer operation and be more receptive and appreciative when you teave. TYPES OF INSPECTIONS There are three types - 1) Prelicensing 2) Initial and 3) Reinspections. Either can be conducted with or without prior notification. However, an unannounced inspection is preferable and will be conducted if at all possible. If difficulty is encountered in the ifcensee being present, notification of inspection should be made. Prelicensina Inspections should be conducted of applicants for licenses which will require comprehensive management controle or special radiation safety controle. Examples are licenses which warrant assignment of Inspection Priority 1, Type A Broad licenses, medical broad licenses, licenses for large walk-in type irradiator facilties, and licenses for waste burial sites. Prelicensing inspections shall be co-ordinated with the licensing staff. An initial inspection shall be conducted of licenses in Inspection Priority's I and II within 6 months after material is received and operations under the licenses have began. Initial inspection of licensees in Inspection Priority III shall be conducted in one year. These will usually involve more detail and time than a reinspection. Its purpose is to provide back up data on the licensee's operations as well as detecting items of noncompliance. Reinspections of licenses in Priorities I, II and II shall be conducted according to their priority. (See frequency of inspections) Inspection schedule should be planned on a quarterly basis. i
_1_ NSPECTIONS _ COMPLIANCE INSPECTIONS CONTINUED TRIQUENCY OF INSPECTIOF The inspection of all radioactive material licenses will follow the following priority systes, which has been established due to the relative hasard of the license operation: Radioactive Material License Inspection Priority Priority I (Inspections Annually) Industrial Radiography Irradiators (Large) Distributors Type A Broad Scope Academic Priority II (Inspections Every 3 Years) Nuclear Medicine Irradiators (Other) Pacemaker Teletherapy Brachytherapy Well Logging Pield Tracer Priority III (Inspections Every 5 Years) Educational Calibration Sources Industrial Gauges - Inplant Industrial Gauges - Pield Cao Chromatographs Other Licenses General Licenses shall be inspected at the same time as regularly scheduled inspections occur in other categories and/or at the frequency of 52 per year. Reciprocity licensees shall be inspected as required by the Director. 4
y,- y 4 5-L i I ( l I r {. E o i e i l. e t [ t e c-t 1 9-5 y g t b ? l' j APPENDIX F t j h l' ' f i ' h t i i t C ( i ( t f t l i 1 t I c C n Y K + i-1 l i ? t
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0 O- = l DEC e 11987 l v:( Cregg F. Wright, M.D., Director Department of Health 301 Centennial Mall South P. O. Box 95007 1.incoln, Nebraska 685D9
Dear Dr. Wright:
Nr. Burke Casari, and Mr. Harold Borchert of your staff on 1 following our program visit to the Nebraska radiation control progree28, 1987, F. with personnel responsible for the Nebraska radiation control program. We meg ? October 27-28, 1987 in Lincoln, Nebraska. duringi Progr,*m status was assessed by Robert J. Doda, NRC Region IV, and Ms. Gre Dieus Director of the Arkansas Division of Radiation Control and Emergency Hanagement. Ms. Dieus was involved in the visit as a participant in a pilot program to include other Agreement State staff menbers in routine NRC evalua-tions of Agreement State programs. She assisted in file reviews and other discussions regarding the Division of Radiological Health's administrative and technical procedurws. pilot program. We thank the Division for cooperating with us in this The previous routine review of the Nebraska radiation control program was conducted in August 1986. was found to be adequate to protect public health and safety.As a However, that review disclosed a problem in one program area relating to status of regula-tions. tions had been completed in 1981.The last overall revision in the Nebraska The NRC recoerended that program staff revise the regulations and incorporate the necessary items for maintaining compatibility. NRC was unable to make a findingBecause of the out-of-date radiation co at that time, that the Nebraska program was cogatible with the Cornission's, program for the regulation of similar materials Since that time, the Division has worked on updating the State's regulations and all sections are essentially complete, except for the fee section. All regulations relating to NRC matters of compatibility have now been included in this revision. completion Even though it appears that the revision process is nearing before es,first half of 1988.an effective date for the new regulations is not expecte We urge you to accelerate the revision process --,,,v a
O 9 fregg F. liright -t-ficding of compntibility can he mada 'or the Hebras&.c rad progree. I appreciste the courtesy and cooperatior, vcu and your st9ff extended to l'r, Dodi, and l's. Dieus durtrig the mid-review neoting. Also otherwise be nude. Avatleble for review. copy of this Ittter for placev Sincerelv, Carlton Kameror, Director $ tate, local and Isidian Tribe Progrens Office of Governnental and T Public t.ffairs -{ Encimure: As st6ted cc v/o enc 1: "s. Deth !!acy, Deputy Director Webraska Depcrtment of Health DISTRIBUTION tir. Burke Cesari, Fureau Chief JOLubenau Bureau of llealth Protection SA R/F DIR R/F "r. Il4rold Borchert Director Nebraska file (fc) Division of Radiological llealth Chaiman Zech Comissioner Roberts !1s. Greta Dicus Comissioner Bernthal Arkansas Division of Radiation Comissioner Carr Control & Energency !!anaaerient Comissioner Rogers RLBangart State Public Document Room JTGil'iland WLBrown RJDoda. GFSanborn VStello. EDO ' RDMartin .NRC PDR m ede 44 as 2 ,, a
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i t STATE OF NEBRASKA mostat s t a a r s e cos t a son. c a t cc r. u nicu t, w.p., w, t e.. o i a r. c t o a t 'l a M October 16, 1986 b N Robert D. Martin E2IE Regional Administrator United States Nuclear Regulatory Comission Region IV 611 Ryan Plaza Drive, Suite 1000 ~ Arlington, TX 76011
Dear Mr. Martin:
This is in response to your letter dated September 5, 1986 concerning the review of the Nebraska pro Mr. Ralph S. Heyer. gram for the regulation of agreement materials by The Department will proceed to review the regulations and incorporate the items necessary for maintainirg compatibility. This will be incorporated into our scheduling process as time pennits, however, the overall process of adopting new regulations will consume several months. The Department will concurrently pursue the necessary statutory revisions to incorporate those areas of compatibility not covered under our present statutes. the forthcoming legislative session starting in January 1987This legislation sho We want to express our appreciation and thanks for the assistance and cooperation provided by Mr. Heyer during the review. Should you desire additional infortnation or have any questions concerning this i matter, please feel free to contact Harold Borchert of my staff. I Since4ely, ' 't, t i i Gregg F. Wright, M.D., d.'Ed. [ Director of Health GFW/HRB/bjf l xc: Radi,ological Health / k DEPARTMENT OF HEALTH. BOX 95007. LINCOLN. NEBRASKA 68509 5007 301 CENTENNIAL MALL SOUTH AN EQL'AL OPPOaft'NTTY/Amitht4TIVE ACTION EMPLOsta
.u Crerr F. Wright. .M.D. Director Perattment on henith 30! centennial Mall feuth P. O. Box c5007 Lit.celn Nebroska 68509
Dear Dr. Wright :
1 This confirms the discussion Mr. Ralph S. Heyer held with Ms. Reth Macy. Mr. Burke Casari, and Mr. Harold Borchert on August 8. 1986, following our review of the Nebraska radiation control program. As a result of our review of the State's program and the routine eschangs of information between the NRC and the State of Nebraska, the staff believes that the Nebraska program for the regulation of agreement materials is adequate to protect public health and safety. However, our review disclosed a significant problem in one program area relating to a Category 1 indicator. " Status of Regulations." The last revision in entirety to the Nebraska radiation control regulations was done in 1981. The radiation control program staff needs to revise the regulations and incorporate items necessary for maintaining compatibility. Due to the lack of up-to-date radiation control regulations, we are unable to make a finding at this time that the Nebraska program is compatible with the Cosmission's program for the regulation of similar materials. We would appreciate receiving a statement of the Department's plans for updating the regulations. An explanation of our policies and practices for reviewing Agreesent State programs is enclosed. 4 Also I an enclosing a copy of this letter for placement in the ! tate Public Document Room or to otherwise be made available for public viewing. I appreciate the courtesy and cooperation extended to R. S. Reyer during the review seating. Sincerely. @WY and b GW8 Robert D. Martin Regional Administrator Enclosures as stated I l cc see next page R VISGAS 41. f E00' ' L RSHever;dp RJDoda qWKerr-JttMartin t /:D/B6 f /2T/86 1/ W86 / '/86 / /86 o u
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- e. v. enclosure:
Aeth Marv. Deputy Director j Department of Health tiarold lerchert. Dit ector i DivtSion of Radiological Health ] C. W. Kerr OSP-NRC State Public Docus,ent Room bec w/enclosurest VStello, Jr. EDO RJDoda RDMartin CFSanborn i PScheck CEWisner DAMuss auser. OSP i RLBangart Nebraska File Wrisher DMB for Dist (SP01) M.ADDIC FILE COPY 117 Offio161 ylle Copy e 9 k e 4 e e s .m .,.__.-._.m.. _ ~..
-.w-.. T r.e 1 o n .y+ 11ea t iev r ! Luldelinee for NFC Pcview c' t r reeteent 1 tote Radiation Contro Frnernes" The "Outdelines for NPC Review of Agreement.rtste Radiation Control Programs." were published in the Federal Register en December 4 1981, an an NRC Policy Statement. The Guide provides 30 indicators for evaluating Agreement State program areas. Guidance as to their relative importance to an Agreement State program is provided by categorising the indfestors into 2 categories. 1 Category I indicators address program functions which directly relate to the State's ability to protect the public health and safety. If significant problems exist in several Category 7 indicator areas, then the need for improvements may be critical. Catefory It indicators address program functions which provide essential i technical and administrative support for the primary program functions. Good performance in poeting the guidelines for these indicators is essential in order to avoid the development of problems in one or more of the principal program areas, i.e., those that fall under Category I indicators. Category II indicators frequently can be used to identify unthrlying problems that are causing, or contrib'uting to, difficulties in Category 1 indicators. It is the NRC's intention to use these categories in the following manner. In reporting findings to State management, the NRC will indicate the category of eech consent made. If no significant Category I comments are provided, this will indicate that the program is adequate to protect the y hile health and safety. If at least one significant Category I comment is provided, the i State will be notified that the program deficiency may seriously affect the State's ability to protect the public health and safety and should be addressed on a priority basis. When more than one significant Category I comment is provided, the State will be notified.that the need of improvement in the particular program areas is critical. The NRC would request an immediate response, and may perform a followup review of the program within six months. If the State program has not improved or if additional deficiencies have developed, the NRC may institute proceedings to suspend or revoke all or part of the Agreement. Category II comments would concern functions and activities which support the State program and therefore would not be critical to the State's ability to protect the public. The State will asked to respond to these comments and the State's actions will be evaluated during the next regular program review. i n .w.
w& + c F j \\ \\ August 30, 1937 ( REVISED STATUES OF NEBRASKA 1943 ARTICLE 35 RADIATION CONTROL ACT 71 3501. Public policy. It is the policy of the State of Nebraska in furtherance of its responsibility to protect occupational and public health and safety and the environments (1) To institute and maintain a regulatory program for sources of radiation so as to provide for (a) Compatibility and equivalency with the standards and regulatory programs of the federal governments (b) A single effective system of regulation within the states and (c) A system consonant insofar as possible with those of other states: (2) To institute and maintain a program to permit development and utilization of sources of radiation for peaceful 1 purposes consistent with the protection of occupational and public health and safety and the environment: (3) To maximize the protection practicable for the I citizens of Nebraska from fonizing radiation by establishing requirements for appropriate education and training of persons operating an X ray systems and (4) To provide for the availability of capacity either within or outside the state for the management of low-level I radioactive waste generated within the state, except for waste generated as a result of defense or federal research and development activities, and to recognize that such radioactive waste can be most safely and efficiently managed on a regional basis. 71-3502, Purpose of acts programs provided. It is the purpose of the Radiation Control Act to effectuate the policies set forth in section 71-3501 by providing for (1) A pragras' of effective regulation of sources of radiation for the protection of occupational and public health and safety (and the environments
- 2) A program to promote an orderly regulatory pattern within the state, among the states, and between the federal government. and the state and facilitate intergovernmental cooperation with respect to use and regulation of sources of radiation to the and that duplication of regulation may be minimized (3) A program to establish procedures for assumption and performance of certain, regulatory responsibilities with respect to sources of radiations (4) A program to permit max 12num utilization of sources of radiation consistent with the health and safety of the publics and I
3 n -.. - - - - ~. -...
q, I s f (5) A program which establishes requirements and standards for appropriate education, training, written testing, and practical testing of persons operating an X-ray system. t t 71-3503. Terms, defined. As urad in the Radiation Control Act, unless i the context otherwise requires (1) Radiation shall mean ionising radiation and nonionizing radiation as follows: (a) Ionising radiation shall mean gasuna rays, X-rays. alpha and beta particles, high speed electrons, neutrons, protons, and other atomic or nuclear particles or rays, but shall not include sound or radio waves or visible,
- infrared, or ultraviolet lights and (b)
Nonionizing radiation shall mean (i) any electromagnetic radiation which can be generated during the i operations of electronic products to such energy density levels as to present a biological hazard to occupational and public health and safety and the environment, other than ionizing l electromagnetic radiation, and (ii) any sonic, ultrasonic, or infrasonic waves which are emitted from an electronic product as a result of the operation of an electronic circuit in such l product and to such energy density levels as to present a biological hazard to occupational and public health and ' safety and the environments (2) Radioactive material shall mean any material, whether so?*<*, liquid, or gas, which emits ionizing radiation spontaneously. Radioactive material shall include, but not be limited to, accelerator produced material, byproduct material, naturally occurring material, source material, and special nuclear material (3) Radiation generating equipment shall mean any manufactured product or device, component part of such a product or device, or machine or system which during operation can generate or emit radiation, except devices which emit radiation only from radioactive material I (4) Sources of radiation shall mean radioactive l material and radiation generating equipment (5) Undesirable radiation shall mean radiation in such quantity and under such circumstances as determined from time to time by rules and regulations adopted and promulgated by the departments (6) Person shall mean any individual, corporation, partnership, firm, association, trust, satate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent, or agency 'of the foregoing, but shall not include federal government agencies: (7) Registration shall mean registration with the department pursuant to the Radiation Con. trol Acts (8) Department shall mean the Department of Health (9) Coordinator shall mean the Director of Health (10) Council shall mean the radiation advisory council provided for in section 71-3506: w .--m-
_g (11) Electronic product shall mean any manufactured product, device, assembly, or assemblies of such products or devices which, during operation in an electronic circuit, can generate or emit a physical field of radiations (12) License shall meant (a) A general license issued pursuant to rules and l regulations adopted and promulgated by the department without the filing of an application with the department or the issuance of + licensing documents to particular persons to transfer, acquire, own, possess, or use quantities of or devices or equipment utilising radioactive materials; or (b) A specific license, issued to a named person upon application filed with the department pursuant to the Radiation Control Act and rules and regulations adopted and promulgated pursuant to the act, to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of or devices or equipment utilising radioactive materials: (13) Byproduct materini shall means-(a) Any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilising special nuclear materials or (b) The tailings or wastes produce.d by the extraction or concentration of uranius or thorium from any ore processed primarily for its source material contents (14) Source material shall means (a) Uranium or thorium or any combination thereof, in any physical or chemical forms or (b) Ores which contain by weight one-twentieth of one' per cent or more of uranium, thorius, or any combination thereof. Source material shall not include special nuclear materiali (15) Special nuclear material shall means (a) Plutonium, uranium 233, or uranium enriched in the isotope 233 or in the isotope 235, but shall not include source materials or(b) Any material artificially enriched by any such materials, but shall not include source materials (16) Users of sources of radiation shall meant (a) Physicians using radioactive material or radiation generating equipment for human use: 1 (b) Natural persons using radioactive material or radiation generating equipment for education,
- research, or development purposesi (c) Natural persons using radioactive material or radiation-generating equipment for manufacture or distributien pur},oses (d) Natural persons using = radioactive material or I
radiation-generating equipment for industrial purposes: and (e) Natural persons using radioactive material or radiation generating equipment for any other similar purposes (17) Civil penalty shall mean any monetary penalty i levied on a licensee or registrant because of violations of
- statutes, rules, regulations,
- licenses, or registration certificates, but shall not include criminal penalties:
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(18) Closure shall mean all activities performed at a waste-handling, processing, management, or disposal site, such as stabilization and contouring, to assure that the site is in a stable condition so that only minor custodial care, surveillance. and monitoring are necessary at the site following termination of licensed operation: (19) Decommissioning shall mean final operational activities at a facility to dismantle site structures, to decontaminate site surfaces and remaining structures, to stabilise and cont'ain residual radioactive material, and to carry out any other activities to prepare the site for postoperational cares (20) Disposal shall mean the permanent isolation of low-level radioactive waste pursuant to the Radiation Control Act and rules and regulations adopted and promulgated pursuant to such acts (21) Generate s'nall mean to produce low-level radioactive vaste, when used in relation to low-level radioactive wastes (22) High-level radioactive waste shall mean: (a) Irradiated reactor fuels (b) Liquid wastes resulting from the operation of the first cycle solvent extraction system or equivalent and the concentrated wastes from subsequent extraction cycles or the equivalent in a facility for reprocessing irradiated reactor fuell and (c) Solids into which such liquid wastes have been converted (23) Low-level radioactive waste shall mean radioactive waste not defined as high-level radioactive vaste, spent' nuclear fuel, or byproduct material as defined in subdivision (13)(b) of this sections (24) Management of low-level radioactive waste shall mean the handling, processing, storage, reduction in volume, disposal, or isolation of such vaste from the biosphere in any manner, except tha g mercial disposaLof low-level radicar.tmive vaste in a disposal facility, designated by the Central In erstate Low Level Radioactive Waste Compact Commission (25) Source material mill tailings or mill tailings shall mean the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, including discrete surface wastes resulting from underground solution extraction processes, but not including underground are bodies depleted by such solution extraction processes (26) Source material milling shall mean any processing of ore, including underground solution extraction of unmined ore, primarily for the purpose of axtracting or concentrating uranium or thorium therefrom and which results in the production of source material and source material mill tailings:
l s (27) Spent nuclear fuel shall mean irradiated nuclear fuel that has undergone at least one year of decay since being used as a source of energy in a power reactor. Spent nuclear fuel shall include the special nuclear material, byproduct
- material, source material, and other radioactive material associated with fuel assemblies:
(28) Transuranic waste shall mean radioactive waste containing alpha emitting transuranic elements, with radioactive half-lives greater than five years, in excess of one hundred nanocuries per gram (29) Licensed practitioner shall mean a person licensed to practice medicine, dentistry, podiatry, chiropractic, or osteopathy and i (30) X-ray system shall mean medical equipment which l performs radiographic functions on humans by using ionizing radiation for diagnostic purposes, excluding nuclear medicine and radiation therapy procedures, f 71-3504. Radiation control activities: Director of Health, cortdinators powers and duties.' (1) The Director of Health shall be the coordinator of radiation control activities, and the Director of + Health may designate a Director of Radiation Control. The Director of Health shall (a) Advise the Governor and agencies of the state on matters relating to radiations and (b) Coordinate regulatory activities of the state relating to radiation, including cooperation with other states and the federal government. (2) The Director of Health shall ' (a) Review before and after the holding of any public hearing required under the Administrative Procedure Act, prior to promulgation, the proposed rules and regulations of all agencies of the state relating to use and control of radiation, to assure that such rules and regulations are consistent with rules and regulations of other agencies of the state (b) When he or she determines that proposed rules or l regulations or parts thereof are inconsistent with rules and regulations of other agencies of the state, consult with the radiation advisory council in an effort to resolve such inconsistencies. Upon notification by the council that such I inconsistencies have not been resolved, the Governor may -after consultation with the council and the Director of Realth, find that the proposed rules and regulations or parts thereof are inconsistent with rules and regulations of other agencies of the state or the federal government and may issue an order to that
- effect, in which event the proposed rules and regulations or parts thereof shall not become effective. The Governor may, in s
the alternative, upon a similar determination, direct-the appropriate agency or agencies to amend or repeal existing rules and regulations to achieve consistency with the proposed rules and regulations 1 l 4
s (c) Advise, consult, and cooperate with other agencies of the state, the federal government, other states, interstate
- agencies, political subdivisions, and
.other, organisations concerned with control of sources of radiatiens and (d) Collect and disseminate infonastion relating to the control o'f sources of radiation and maintain (1) a file of all registrants, license applications, issuances.
- denials, amendments, transfers, renewals, modifications, inspections, recosamendations pertaining to radiation, suspensions, and revocations, (ii) a file of registrants possessing or using sources of radiation requiring registration under the Radiation Control Act and any administrative or judicial action pertaining to such registratioa, and (iii) a file of all rules and regulations relating to the regulation of sources of radiation, pending or promulgated, and proceedings on such rules and regulations thereon.
(3) The several agencies of the state and political subdivisions shall keep the coordinator fully and currently informed as to their activities relating to development of new uses and regulation of sources of radiation. 71-3505. Radiations responsibility of Department of Healths powers and duties. Matters relative to radiation as they relate to occupational and public health and safety and the environment shall be a responsibility of the department. The department shall: l (1) Develop comprehensive policies and programs for the 1 evaluation and determination of undesirable radiation associated l with the production, use, storage, or disposal of radiation t sources: and formulate, adopt, promulgate, and repeal rules and regulations which may provide for registration or licensure under section 71-3507 or 71-3509 and for registration or licensure of any other source of radiation as specified by rule or regulation so as to reasonably protect occupational and public health and safety and the environment in a manner compatible with regulatory programs of the federal government. The department for identical purposes may also adopt and promulgate rules and regulations for the issuance of licenses, either general or specific, to persons for the purpose of using, manufacturing, producing, transporting, transferring, receiving, acquiring, owning, or possessing any radioactive material. Such rules and regulations may prohibit I the use of radiation for uses found by the department to be l detrimental to occupational and public health or safety or the environment and shall carry out the purposes and policies set out in sections 71-3501 and 71-3502. Such rules and regulations shall not pr'ohibit or limit the kind or amount of radiation purposely prescribed for or administered to a patiant by doctors of medicine ar.d surgery, dentistry, osteopathy, chiropractic, podiatry, and veterinary medicine, while. engaged in the lawful practice of such profession, or administered by other professional personnel, such as allied health personnel, radiologic technologists, nurses, and laboratory workers, acting under the supervision of a licensed practitioner. Violation of rules and regulations adopted and promulgated by the department
1 [ ( pursuant to the Radiation Control Act shall be due cause for the suspension, revocation, or limitation _of a license issued by the department. Any-licensee may request a hearin8 before -the department on the issue of such suspension, revocation, or limitation. Procedures for notice and opportunity for a hearing before the department shall be pursuant to the provisions of the Administrative Procedure Act and continued departmental suspension, revocation, or limitation subsequent to such a hearing shall also, be subject to judicial review pursuant to such provisions: (2) Inform the council of any such rules and-regulations at least thirty days prior to their adoption and consider any recommendations of the councils (3) Have the authority to accept and administer loans,
- grants, or other funds or gifts, conditional or otherwise..in-furtherance of ita functions, from the federal government and from other sources, public or privates (4) Encourage, participate in, or conduct studies, investigations, train bg. research, and demonstrations relating.
to the control of sources of radiation; (5) Collect and disseminate health education information relating to radiation protections (6) Make its facilities availtble so that any person or any agency may request the department to review and comment on plans and specifications of insta11stions submitted.by the person or agency, with respect to matters of protection and safety, for the control of undesirsble radiations (7) Be empowered to inspect radiation sources and their-shieldings and surroundings for the determination of any possible undesirable radiation or violations of: rules and regulations adopted and promulgated by ths departments and provide the owner,
- user, or operator with a report of any known or suspected deficiencies (8) Collect a fee for-emergency response or environmental surveillance, or both, offsite from each nuclear power plant equal to the cost of completing the emergency responsa or environmental surveillance and any associated report.
In no event shall the fee for any nuclear power plant exceed the 1e'sser of the actual annual costs of such activities-or thirty-six thousand dollars. The fee collected shall be deposited in the Department of Health Cash Fund and shall be used solely for the purpose of defraying the costs of the emergency response and environmental surveillance conducted by the departments and (9) Develop a program which establishes policies, requirements. -and standards for appropriate education, training, written testing, and practical testing of persons operating an X-ray system. 71-3506. Radiation advisory council;===hars; appointment: term of offices compensations duties. (1) There is hereby established a radiation advisory council within the department consisting of nine members to be appointed by the Governor. The Governor shall appoint to the council one individual with experience relating to radiation
y y from each of the followinc fields:- (a) Radiology, (b) sedicine, exclusive of radiology. (c) radiation or health physics, (d) law, (e) agriculture, (f)
- labor, (3) business or industry, (h) dentistry, and (i) chiropractic, osteopathy, or podiatry.
Each appointed member shall hold office for a torn of three years, except-that any member appointed to fill a vacancy occurring prior to the expiration of the term for which. his or her predecessor was appointed, shall be appointed for the ' remainder of such tons. The terms of office of the members first taking office shall expire, as designated at the time of appointment, three at the end of the first year, three at the and of the second year, and three at the and of the third year. After the date of appointment, appointed council members, while serving on business of the council, shall receive compensation at the rate of twenty dollars per day and shall also be entitled to receive actual and necessary travel and subsistence expenses while so serving as provided in sections 81-1174 to.81-1177 for state employees. (2) The council shall (a) Elect a chairperson to serve at the pleasure of the council: (b) Meet on call of the chairperson or at the request of any three members; (c) Review and evaluate policies and programs of the state relating to radiations and (d) Make reconsnendations to the coordinator and the-department and furnish such technical advice as may be required on matters relating to development, utilization, and regulation of sources of: radiation. 71-3507. Licenses or registrations rules and regulaticas avamptions: reciprocityg departments right of entry; surveys and inspections. (1) The department shall adopt and promulgate rules and regulations for the issuance, amendment, suspension, and revocation of genercl and specific licenses. Such licenses shall be for byproduct material, source material, special nuclear material, and radioactive material not under the authority of'the' federal Nuclear Regulatory Commission and for devices or s eqisipment utilizing such materials. The rules and regulations shall provides (a) For written applications for a specific license which include the technical, financial, and other qualifications determined by the department to be reasonable and necessary to protect occupational and public health and safety and -the environments(b) For additional written statements and inspections, as required by the department, at any time aftsa filing an application for a specific license and before the expiration of the license to determine whether the license should be issued, amended, suspended, or revoked (c) That all applications and statements be signed by the applicant or licensee; (d) The form,
- terms, and conditions of general and specific licenses:
[' (a) That no license or right to possess or utilise sources of radiation granted by a license shall.be assigned or in any manner disposed of without the vdtten consent of the departments and l (f) That the terms and conditions of all licenses are subject to amendment by rules, regulations, or orders issued by i the department. (2) The department may require registration or licensing of radioactive material not enumerated in subsection (1) of this section. (3) The department may exempt certain sources of radiation or kinds of uses or users from the licensing or registration requirements when the department finds that the exemption will not constitute a significant risk to occupational and public health and safety and the environment. (4) The department may provide by rule and regulation-for the recognition of other state or federal licenses, subject-to such recognition requirements as the department may prescribe. (5) The department may enter at all reasonable times upon any private or public property for.the purpose of determining whether or not there is compliance with the Radiation Control Act and rules and regulations adopted and promulgated pursuant to such act, except that entry into areas under the jurisdiction of the federal government shall be effected only with the concurrence of t'he federal government or its duly _ designated representative. (6) The department shall cause to_ be regist.ered with .the department such sources of radiation as the department determines to be reasonably necessary to protect occupational and public health and safety and the environment as follows: (a) The department shall, by public notice, establish a date on or before which date such sources of radiation shall be registered with the department, and the department shall provide appropriate forms for such registration. Each application for registration shall be in writing and shall state such information-as the department by rules or regulations may determine to be necessary and reasonable to protect occupational and 'public health and safety and the environments (b) Registration of sources of radiation shall be an initial registration with appropriate notification to the department in the case of alteration of equipment, acquisition of new sources of radiation, or the transfer, loss, or destruction-of sources of radistion and shall include the registration' of persons ir.sta?lir.g or serv 2cing sources of radiation; ) (c) Failure to register or reregister sources of radiation in accordance with rules and :=gulations adopted and promulgated by the department shall be suW rat te e fine of not less than fifty dollars nor more than two hundred do h ars: and (d) The department may provide by rule and regulation-for reregistration of sources of radiation. (7) The results of any surveys c.: inspections of sources of radiation conducted by the department may be withheld from public inspection if disclosure of its contents is not required in the public interest and would adversely affect the e
y. l t interest of a person concerned. The department shall make such reports of results of surveys or inspections available to the owner or operator of the source of radiation, tcgether with any recommendations of the department regarding deficiencies noted. (8) The department shall have the right to survey or inspect again any source of radiation previously surveyed, without limitation of the number of surveys or inspections conducted on a given source of radiation. '(9) The department may enter into contracts with persons or-corpor'ations to perform the inspection of X-ray radiation generating equipment or devices which emit radiation from radioactive materials and to aid the department in the i administration of the Radiation Control Act. 71-3508. Radiations possession or use; records; contents; user of sources of radiations qualifications; maesyttona. (1) The department shall require each person who possesses or uses a source of radiation to maintain records relating to its receipt, storage, transfer, or disposal and such other records as the department may require subject to such exemptions as may be provided by rules or regulations. These records shall be made available for inspection by or copies shall be submitted to the department on request. (2) The department shall require each person who possesses or uses a source of radiation to maintain appropriate records showing the radiation exposure of all individuals for-whom personnel monitoring is required by rules and regulations of the department. Copies of these records and those required to be kept by subsection (1) of this section shall be submitted.to the department on request. Any person possessing or using a source of radiation shall furnish to each employee for whom personnel monitoring is required -a copy _of each employee's personal exposure record at any time such employee has received exposure in excess of the amount specified in the rules and regulations of the department and upon termination of employment. A copy of the annual exposure record shall be furnished to the employee upon i his or her request.- (3) The department may adopt and promulgate rules and regulations establishing qualifications pertaining to the education, knowledge of radiation safety procedures,
- training, experience, utilization, facilities, equipment, and radiation protection -program that an-individual user of sources of radiation must possess prior to using any source of radiation cr-radiation generating equipment.
Individuals who are currently-licensed in the State of Nebraska as podiatrists, chiropractors, dentists, physicians and surgeons, osteopaths, and veterinarians or certified as physician assistants shall be exempt from the rules and regulations of the department pertaining to the training requirements for the use of X-ray radiation generating equipment operated for diagnostic purposes. O
r s s 71-3508.01. Radioactive materials license ' terms and conditions: termination of -licenses transfer of lands effects departamats powers and duties. (1) Any radioactive materials license issued or renewed after August 30, 1987, for any activity which results in the production of byproduct material as defined in subdivision (13)(b) of section 71-3503 shall contain such terms and conditions as the department determines to be necessary to L assure that prior to termination of such license: t; (a) The licenses shall comply with decontamination, de: ommissioning, and reclamation standards prescribed by the departeent which shall be equivalent, to the extent practicable, or more stringent than those of the federal Nuclear Regulstory Commission for sites. (i) at which ores are processed primarily for their source material content and (ii) at which such byproduct material or mill tailings are deposited: and (b) Ownership of any disposal site and such byproduct material or mill tailings which resulted from the licensed activity will, subjact - to subsection (2) of this section, be transferred to (i) the United States or (ii) this state if the state exercises the option to acquire land used for the disposal L of such byproduct material or mill tailings. Any license which is in effect on the August 30, 1987 of this section and which is subsequently terminated without renewal shall _ comply with subdivisions (1)(a) and (b) of this section upon termination. (2)(a) The department shall require by rule, regulation, or order that prior to the termination of any license which is issued after August 30,
- 1987, title to the land, including any interests therein, other than land held in trust by the United States for any Indian tribe or owned by an Indian tribe subject to a restriction against alienation imposed'by the l
United States or land already owned by the United States'or by a the state, which is used pursuant to such license for the 1 disposal of byproduct material or source material mill tailings will be transferred to (i) the United States or (ii) this state, unless the federal Nuclsar Regulatory Commission determines prior to such termine. tion that transfer of title to such land and such byproduct material or mill tailings is not necessary or desirable to, protect the occupational and public health and safety and the environment or to minimize danger to life or property. L (b) If transfer to the state of title to such byproduct material or mill tailings and land is required, the state may assume-title, following the federal Nuclear Regulatory l Commission's determination that. the licenses has complied with l applicable standards and requirements under the license, and 'the i. department shall maintain the byproduct material or mill tailings L and land in such manner as will protect the occupational and L -public health and safety and the environment. l-(c) The department may undertake such monitoring, maintenance, and emergency measures as are necessary to protect the occupational and public health and safety and the environment for those materials and property to which the state has assumed title pursuant to this section. e
s (d) The transfer of title to the United States or this state shall not relieve any licensee of liability,for any + fraudulent or negligent acts done prior to such transfer. (e) Title transferred pursuant to this section shall be transferred without cost to the United States or this state other than the administrative and legal costs incurred in carrying out such transfer. (3) In ~the licensing and regulation of byproduct material and source material mill tailings or of any activity whfeh results in the production of byproduct material or mill e tailings, the department shall require compliance with applicable standards adopted and promulgated by the department which are equivalent, to the extent practicable, or more stringent than standards adopted and enforced by the federal Nuclear Regulatory Comeission for the same purpose, including requirements and standards promulgated by the federal Environmental Protection Agency. .71-3508.02. Acquisition of sites; uses managements sites ownership-l requireements. (1) -In addition to the provisions of the B Low-Level Radioactive Waste Disposal Act, the state may accept or L
- acquire, by gift,
- transfer, or
- purchase, from another governmental agency or private person, suitable sites including land and appurtenances for the management of low-level radioactive waste.
Sites received by gift or transfer shall be subject to approval and acceptance by the Legislature. (2) Lands and appurtenances which are used for the management of low-level radioactive waste shall be acquired in fee simple absolute and used exclusively for such purpose until the department determines that such exclusive use is not required .to protect the occupational and public health and safety or the environment. Before such site is leased for other use, the radioactive waste history of the site shall be recorded in the permanent land records of the site. All radioactive material. accepted by the site operator or by any agent of the site operator for management on a radioactive waste management site shall become the property of the state. (3) The department may contract with third parties for management of a low-level radioactive waste site-acquired pursuant to subsection (2) of this section or which is already i owned by the state. A contract operator shall be subject to. the surety and. long-tera-care funding provisions of section 71-3508.04 and to appropriate licensing by the federal Nuclear Regulatory (Consiission or by the department.
- 4) The department shall not approve any application for a license to receive radioactive waste from other persons for disposal on land not owned by the state or federal government.
71-3508.03.Poss: costag useg enomgitions: failure to pays affect (1) The department shall establish by rule and regulation annual fees for the radioactive materials licenses, for inspections of radioactive materials, and for the registration and inspection of radiation generating equipment and other sources of radiation under the Radiation Control Act, except that the annual fee for registration and inspection of X-ray radiation gern, rating equipment shall not exceed seventy dollars per X-ray machine. The annual fee for registration and inspection of X-ray radiation generating equipment shall terminate on September 1, 1991. In' determining such fees, the department shall, as an objective, obtain sufficient funds from the fees to pay for a portion of the direct and indirect costs of administering the Radiation Control Act without loss or reduction of the General Fund allocation to the department. No fee shall exceed the actual cost to the department for licensure, inspection, or registration. The department may also contract with a registrant, a licensee, another state, or a federal agency to partially or fully recover the cost of administering the Radiation Control Act. The fees collected shall be deposited in the Departa. ant of Health Cash Fund and shall be used solely for the purpose of defraying,the direct and indirect costs of administering the Radiation Control Act. The department shall collect such fees. The cost of environmental surveillance activities performed by the department to assess the radiological impact of activities conducted by licensees and registrants shall-be in addition to the annual
- fees.
(2) The department may, upon application by an interested person or on its own initiative, grant such exemptions from the requirements of this section as it determines are in the public interest. Applications for exemption under this subsection may include, but shall not be limited to, the use of licensed materials for educational or noncomunercial displays or scientific collections. (3) When a registrant or licensee fails to pay the applicable
- fee, the department may suspend or revoke the registration or license or may issue an appropriate order.
71-3508.04.Licenseeg suretyg long-term site surveillance and care; Department of Bealth Radiation Site Closure and Reclamation cash Fund; Department of Health Radiation Long-Term Care Cash Fund; created; use; investment... (1) For licensed activities involving source material milling, source material mill tailings, and management of low-level radioactive waste, the department shall, and for other classes of licensed activities the department may, adopt and promulgate rules and regulations which establish standards and procedures to ensure that the licensee will provide an adequate surety or other financial arrangement to permit the completion of all requirements establish'ed by the department for the licensure, regulation, decontamination,
- closure, decommissioning, and reclamation of sites, structures, and equipment used in conjunction with such licensed activity in case the licensee should default for any reason in performing such 1
__o_..... requirements. All sureties required which are forfeited shall be paid to the department for deposit. by the State Treasurer in the Department of Health Radiation Site Closure and Reclamation Cash 7 Fund, which fund is hereby created. Any money in the fund available for inve st. ment shall be, invested by the state investment officer pursuant to sections 72-1237 to 72-1269. Money in such fund shall be expended by the department as necessary to complete the closure and reclamation requirements. Money in the fund shall not be used for normal operating expenses of the department. e (2) For licensed activities involving the disposal of source material mill tailings and management of low-level B radioactive vaste, the department shall, and for other classes of licensed activities when radioactive material which will require surveillance or care is likely to remain at the site after the licensed activities cease the department may, adopt and promulgate rules and regulations which establish standards and procedures to ensure that the licensee, before termination of the g
- license, will make available such funding arrangements as may be necessary to provide for long-term site surveillance and care.
All such funds collected from licensees shall be paid to the _r department for deposit by the State Treasurer in the Department of Health Radiation Long-Term Care Cash Fund, which fund is hereby created. Any money in the fund available for investment shall be invested by the state investment officer pursuant to sections 72-1237 to 72-1269. All funds accrued as interest on money deposited in this fund may be expended by the department for the continuing long-term surveillance, maintenance, and other care of facilities from which such funds are collected as E necessary for protection of the occupational and public health and safety and the environment. If title to and custody of any 7 radioactive material and its disposal site are transferred to the United States upon temination of any license for which funds have been collected for such long-term care, the collected funds and interest accrued thereon shall be transferred to the United -= States. (3) The sureties or other financial arrangements and funds required by this section shall be established in amounts sufficient to ensure compliance with standards, if
- any, established by the department pertaining to licensure, regulation, closure, decommissioning, reclamation, and long-term
= site surveillance and care of such facilities and sites. (4) To provide for the proper care and surveillance of sites subject to subsection (2) of this section which are not subj ect to section 71-3508.01 or 71-3508.02, the state may acquire by gift or transfer from another governmental agency or private person any land and appurtenances necessary to fulfill the purposes of this section. Any such gift or transfer shall be subject to approval and acceptance by the Legislature. (5) The department may by contract, agreement,
- lease, or license with any person, including another state agency.
provide for the decontamination,
- closure, decommissioning, reclamation, surveillance, or other care of a site subject to this section as needed to carry out the purposes of this section.
=
.4 a - 4 ~ (6) If a person licensed by any governmental agency I other than the department desires to transfer a site to the state l for the purpose of administering or providing long-term care, a lump-sum deposit shall be-made to the Department of Health Radiation Long-Term Care Cash Fund. The amount of such deposit shall be determined by the department taking into account the factors stated in subsections (1) and (2) of this section. 71-3509. Sources of radiatical agressants with federal agency: Govermor licenses expiratica. (1) The Governor, on behalf of this state, may enter into agreements with the federal Nuclear Regulatory Commission pursuant to the federal Atomic Energy Act of 1954, section 274b, as amended, providing for discontinuance of certain of such commission's licensing and related regulatory authority with respect to byproduct material -source material, and special-nuclear material and the assumption of regulatory authority for such materials by this state. (2) The department may, upon discontinuance of certain of such commission's licensing and related regulatory authority with respect to byproduct material, source material, and special nuclear material and the assumption of regulatory authority for such materials by* the state, cause to be licensed by the department such materials over which the state has assumed licensing and related regulatory authority under the terne of the agreement authorized in subsection (1) of this section. (3) Any person who, on the effective date of an agreement under subsection (1) of this section, possesses a license issued by the federal Nuclear Regulatory Commission for radioactive material subject to the agreement shall be deemed to possess a license like those issued under the Radiation' Control Act. Such license shall expire either ninety days after receipt from the department of a notice of expiration of such license, or on the date of expiration specified in the federal Nuclear Regulatory Commission license, whichever is the earlier. 71-3510. Federal governments other states agr=== mats: control of sources of radiations departments powers. (1) The department may enter into an agreement.or agreements with the federal Nuclear Regulatory Commission pursuant to the federal Atomic Energy Act of 1954, section 2741, as amended, other federal governmental agencies as authorized by law, other states, or interstate agencies whereby this state will perform on a cooperative basis with the federal Nuclear-Regulatory Commission, other federal governmental agencies, other states, or interstate agencies inspections or other functions relating to control of sources of radiation. (2) The department may institute training programs for the purpose of qualifying oorsonnel to carry out the Radiation Control Act and may make such personnel available for participation in any program or programs of the federal government, other states, or interstate agencies in furtherance of the purposes of such act. ____m.m__... - - - ~ ~
L J s '71-3511. Radiations ordinance. resolution, or regulations superseded 3 vben. Any ordinance, resolution, or regulation, now or hereafter in effect of the governing body of a municipality, county, or state agency relating to sourceslof radiation that is inconsistent with.the Radiation Control Act, amendments thereto, or rules and regulations adopted and promulgated pursuant to the act is superseded by the act. 71-3512. Repealed. 71-3513. Rules and regulations: issuances modifications procedures emergency regulation. or orderg judicial review. (1) In any proceeding for the issuance or modification of rules or regulations relating to control of sources of radiation, the department shall provide an opportunity for public participation through written comments and a public hearing. (2) In any proceeding for the denial of an application for a license or for the amendment, suspension, or revocation of a license, the department shall provide the applicant or licensee an opportunity for a hearing on the record. (3) In any proceeding-for licensing ores processed-primarily for their source material content and management of byproduct _ material and source material mill tailings, or for licensing management of low-level radioactive
- waste, the department shall provides (a) An opportunity, after public notice, for written comments and a public hearing with a transcript (b) An opportunity for cross axaminations and.
(c) A-written determination of the action to be taken which is based upon findings included in the determination and upon evidence presented during the public comment period. (4) In any proceeding for licensing ores processed primarily for their source material content and disposal of byproduct material and source material mill tailings, or for licensing management of low-level radioactive waste, the department shall prepare, for each licensed activity which has a significant impact on the occupational or public health and safety or the environment, a written analysis of the impact of-such licensed activity. The analysis shall be available to the public before the commencement of the hearing and shall includes (a) An assessment of the radiological and nonradiological impacts to the public haalths (b) An assessment of any impact on any waterway and groundwater (c) Consideration of alternatives, including alternative sites and engineering methods, to the activities to be conducted; and (d) Consideration of the long-term impacts, including decommissioning, decontamination,- and reclamation of facilities and sites associated with the licensed activities and management of any radioactive materials which will remain on the site after such decommissioning, decontamination, and reclamation.
+x M t u (5)- The-department shall prohibit any major j 3 y. construction with respect to any activity for which an environmental impact analysis is required by this section prior J to completion of such analysis. (6) Whenever the department finds that an e rgency exists with respect to radiation requiring immediate action to 3 protect occupational or public health and safety' or. th.: environment, the department may, without notice,
- bearing, or submission to the coordinator,. issue a regulation. or order reciting the' existence of such emergency and requiring that such action _ be taken as is necessary to meet the emergency.
Notwithstanding any provisions of the Radiation Control Act. such regulation.or order shall be effective immediately. Any person to whom such regulation or order is-directed shall comply inmediately, but on application to the department shall be e afforded a hearing not less than fifteen days and not more than thirty days after filing of the application. On the basis of such
- hearing, the emergency regulation or order shall be~
4 continued, modified,-or revoked within thirty days after such hearing, and_ the department shall mail the applicant a copy of its findings of fact and determination. (7) Any final de action or order entered (1)partment pursuant to subsection (2), (3), or (6) of this section shall be subject to judicial review pursuant to the c Administrative Procedure Act. E 71-3514. Violation. of acts remedias.
- Whenever, in the judgment of the department, any person has engaged in or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of the Radiation Control Act or any rule, regulation, order issued pursuant to the act, the Attorney General or any or i
county attorney may make application to the district court for.an L order enjoining such acts or practices or for an order directing compliance,' and upon a showing by the department that such person has engaged or.is about to engage in any such acts or practices, i a permanent or ' temporary injunction, restraining order or other order may be granted. 71-3515. Radiations acts registration or license required. L It shall be unlawful for any person to
- use, L
manufacture, produce, distribute, sell, transport,
- transfer, install, repair, receive, acquire, own, or possess any source of.
radiation unless registered with or licensed by:the department as required by section 71-3505, 71-3507, or 71-3509. 71-3515.01.X-ray system operators requirements: exception (1) Any person who operates an X-ray system. under the direction of a licensed practitioner, except a certified physician assistant, shall (a) Be certified as having completed a course of study l L in radiologic technology and training approved by the department. The department may base such certification upon the standards developed by the American Registry of Radiologic Technologists. Such standards, if approved by the department, may be in lieu of i l
...,i,,,,,,--,,,-...... 'O ~ or in. addition to any other certification requirement; (b) Have completed a twenty-four-month educational program in' radiography as approved by the department. The department may base the requirements for such a training program upon-the programs developed by the Committee on Allied Health Education and Accreditation of the American Medical Association or any other national professional association or registry approved by the departments or -(c) If not maployed solely as an X-ray system operater but whose duties' may require operation of an X-ray system on a limited basis, have (i) completed a course of instruction in radiation use and safety consisting of sixteen contact hours of instruction incorporating the course material as provided in rules and regulations of the department pursuant to section 71-3515.02 and (ii) been tested on the course material described in subdivision (c)(i) of this subsection. The department may also approve courses of instruction developed by associations, educational institutions, health care facilities, or other entities so long as such courses meet the criteria set out in-the rules and regulations adopted and. promulgated by the department. The rules and regulations shall include procedures for such entities to carry out approved courses of instruction and may include provisions to carry out the required testing. The rules and regulations shall provide that the prescribed instruction be administered by a licensed practitioner or under the direct supervision of an operator who meets the requirements of subdivision (a) or (b) of this subsection. This section shall not prohibit any facility from exceeding the minlaum hourly or instruction requirements. (2) The requirements of subsection (1) of this'section shall not apply to a student or trainee who operates an X-ray system' while under the direct supervision of a licensed practitioner or undar the direct supervision of an operator who meets the requirements of subdivision (1)(a) or (b) of this section. 71-3515.02.X-ray system operator, education programs testing requirements (1) The. department shall adopt and promulgate rules and regulations which delineate the course of instruction for educational programs in radiation use and safety for operators of X-ray systems. Such courses shall include,- but not be limited to, fundamentals of radiation, radiation safety,1 radiation detection instrumentation, operation and control' of-X-ray. equipment, radiation protection, -and federal and state regulations. The department shall recognize equivalent courses of instruction, including continuing education, successfully completed by individuals who are credentialed by the department when determining if the requirements-of subdivision (1)(c) of section 71-3515.01 have been met. (2) The department shall adopt-and promulgate rules and regulations regarding tho testing required in subdivision (1)(c)(ii) of section 71-3515.01. Such rules and regulations shall provide for the development and administration of written and practical tests, procedures to be followed for testing, the I
4 method of grading and the passing grades for such tests, security protection:for test questions and answers,-and the contents of such tests-based on the course requirements prescribed in subsection (1) of this section. 71-3516. Beergency; impounding sources of radiatices-department. The department shall have the' authority in the event of an emergency affecting occupational or public health and, safety or the environment to impound or order the impounding of sources of radiation in the possession of any person who is not equipped to observe or fails to observe the provisions of the Radiation Control Act or any rules or regulations issued pursuant to such act. 71-3517 Violations; civil and criminal penalties. (1) Any person who violates any of the provisions of the Radiation Control Act shall be guilty of a Class IV misdemeanor. (2) In addition to the penalty provided in subsection (1) of this section,-any peraon who violates any provision of the Radiation Control Act or any rule, regulation, or order issued pursuant to such act or any te rm, condition, or limitation of any license or registration certificate issued pursuant toJsuch act shall be subject to (a) License revocation, suspension, modification, condition, or limitation; (b) The imposition of a civil penaltyg or (c) The terms of any appropriate order issued by the department. (3) Whenever the department proposes to subject a person to -the provisions of subsection (2) of this section, the department shall notify the person in writing (a) setting forth the. date,
- facts, and nature of each act or omission with which the person is charged, (b) specifically identifying the particular provision or provisions of the section,
- rule, regulation, order, license, or registration certificate involved in the violation, (c) of the time, date, and place at which a full and fair hearing will be had on such charge, (d) that the department may revoke, suspend, modify, condition, or limit a license, impose a civil penalty, or-enter an appropriate order, and (e) that upon failure to pay the civil penalty, if any, subsequently determined by the depsrtment,- the_ pepalty may be collected by civil action.
The notice shall beiBelivered to each alleged violator not less than ten days before the time set for the hearing by personal service, by certified or registered mail to his or her last-known address, or by publication. Notice by publication shall'only be made if personal service or service by mail cannot be effectuated. (4) Hearings held ~ pursuant to subsection (3) of this section shall be held in accordance with rules and regulations adopted and promulgated by the department and shall provide for the alleged violator to present such evidence as may be proper. Witnesses may be subpoenaed by either party and shall be allowed fees at a rate prescribed by the rules of the department. A full l 1
4: a ,~ and complete record shall be kept of the proceedings. (5) Following the hearing, the director shall determine whether the charges are true or not, and if true, the director may (a) issue a declaratory order finding the charges to be true, (b) revoke, suspend, modify, condition, or limit the license, (c) impose a civil penalty in an amount not to anceed ten thousand dollars for each violation, or (d) enter an appropriate order. If any violation is a continuing one, each day of such violation shall constitute,a separate violation for the purpose of computing the applicable civil penalty and the amount of the penalty shall be based on the severity of the violation. A copy of such decision setting forth the finding of facts.and the particular reasons upon which it is based shall be sent by either certified or registered mail to the alleged violator. The decision shall become final thirty days after the copy is mailed unless the alleged violator within such thirty-day period appeals the decision as provided in the Administrative Procedure Act. (6) Any civil penalty assessed and; unpaid under subsection (5) of this section shall constitute a debt to the State of Nebraska which may be collected in the manner of a lien foreclosure or sued for and recovered in any, proper form of action in the name of the State of Nebraska in the district court of the county in which the violator resides or owns property. The department shall, within thirty days from receipt, transmit any collected civil penalty to the State Treasurer for deposit in the Permanent School Fund. 71-3518 License or registrations common carrier exempt. Nothing in the Radiation Control Act shall be deamed to require the licensing or registration by any common carrier. contract carrier, private carrier, railway freight carrier, or railway express carrier transporting,
- storing, or handling any of the materials described in such act in the ordinary course of such carrier's business..
71-3519. Act how cited. Sections 71-3501 to 71-3519 shall be known and may be cited as the Radiation. control Act. 71-3520.- Act, how construed. Nothing in the Radiation Control Act shall be. construed to allow the department to duplicate regulation by the federal government. I e
l ^, s' l L (b) The number of Lyrrels or other measurement used to determine the l storage capacity of the tank; (c) A list of all hazardous substances which are or will be stored in the tank: (d) The name and address of the facility at which the tank ic located; (e) The name and address of the person, firm, or corporation owning the storage tank and, if different, the name and address of the person who operates the storage tank; (f) The name of the contact person and a phone number where the contact l person can be reached at any time in the event of an emergency involving the tank or facility at which the tank is located; and l -(g) If the owner or operator of the storage tank is a public agency, the L registration shall include the name of the supervisor of the division, section, or offi;e which operates the tank; and -(3) Storage tank shall mean any tank having a storage capacity in excess c( one thousand gallons used for the containment of hazardous substances for an's period of time, except those tanks which are regulated under rules and regule'.lons adopted pursuant to section 81502 in accordance with standard K 61.1(197?) of the American National Standards Institute. s.6 r : uws tus. La us, n sn. cow ate september e. tess. Legal Citation: Neb. Rev. Stat, $81-1576 (Reissue 1987) i 141-1577. Registration; violation; penalty. Any person who is required to register pursuant to section 81-1575 or the rules and regulations thereunder and who-falls to do so shall be aullty of a Class IV misdemeanor. I sows : uws ins, La s'43. 4 En.cew ate Septemce. e,125. l Legal Citation: Neb. Rev, Stat. $81-1577 (Reissue 1987) LOW LEVEL RADICACTIVE WASTE DISPOSAL 81-1578. Act, how cited. Sections 81-1578 to 81-15,116 shall be known and may be cited as the Low-Level Radioactive Waste Disposal Act, s.wce: uws tue. La 45, st; uws iser, La os si: wws tou, La osa,it. an. cow mie Aprn ts, ten Legal Citation: 9eb. Rev. Stat. $81-1578 (Cum. Supp.1988) i l 81-1579. (1) The Legislature hereby declares that it is the policy of the State of Nebraska,in fu therance of its responsibility to cooperate and coordinate with the Central Interstate Low-Level Radioactive Waste Compact Commission and to protect the health, safety, and welfare of its citizens and the environment: (a) To provide for the availability of capacity either within or outside the state for the commercial dispost.1 of low-level radioactive waste generated within the state at commercial low level radioactive waste disposal facilities as designated by the Central Interstate L ow-Level Radioactive Waste Compact Commission, except for waste generated as a result of defense or federal research and development activilles;. 50 ,----.n-_,,,, _ _-,., __._ _ _.-_,}}