ML20203D763

Notice of OMB Review of Info Collection & Solicitation of Public Comment

ML20203D763
Person / Time
Issue date:	02/23/1998
From:	Shelton B NRC
To:
References
NUDOCS 9802260139
Download: ML20203D763 (39)

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U.S. NUCLEAR REGULATORY COMMISSION Agencyinformation Collection A..,vities: Submission for Office of Management a.id Budget (OMB) for Review; Comment Request.

AGENCY:

U.S. Nuclear Regulatory Commission (NRC)

ACTION:

Notice of the OMB review of information collection and solicitation of public comment.

SUMMARY

The NRC has recently submitted to OMB for review of continued approval of information collection under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential responde,1ts that an agency may not conduct or sponsor, and that a pers,on is not required to respond to, a collection of information unless it displays a cuitently valid OMB control number, 1.

Type of submission, new, revision, or extension: Revision 2

The title of the information collection: Policy Statement on " Criteria for Guidance of States and NRC in Discontinuance of NRC Regulatory Authority and Assumption Thereof By States Through Agreement," Mairsenance of Exist.ng Agre<4 ment State Programs, r erformance Evaluation i

Requests for Information Through the Integrated Materials Program (IMPEP) Questionnair( and Agreement Stab Participation in IMPEP.

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9802260139 900223 PDR ORG EUSOMD

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Current OMB approval number: 3150-0183 annual 4.

How often the collection is required: Four activities occur under this collection:

requirements for Agreement States to maintain thel programs; IMPEP reviews conducted no less frequently than every four yevs; participation by Agreement States in the IMPEP reviews; and, as needed, for States interested in becoming Agreement States.

Who is required or asked to report: Any State receiving Agreement State status by 5.

.e interested in becoming an signing Section 274b. agreements with NRC and ai Agreement State. Presently there are 30 Agreement States.

6.

An estimate of the number of responses: 8 7.

An estimated number of annual respondents: For the 30 existing Agreement States, approximately eight are asked to respond annually. For States interested in becoming ar.

Agreement State, an average of one every three years.

8.

An estimate of the total number of hours needed annually to complete the requirement or For a State interested in becoming an Agreement State: Approximately 3,600 request:

hours. For Agreement State participation 'n 10 IMPEP team reviews (8 State and 2 NRC Regions): 300 hours0.00347 days <br />0.0833 hours <br />4.960317e-4 weeks <br />1.1415e-4 months <br /> (an average of 36 hours4.166667e-4 days <br />0.01 hours <br />5.952381e-5 weeks <br />1.3698e-5 months <br /> per review). For maintenance of existing Agreement State programs: 219,600 hours0.00694 days <br />0.167 hours <br />9.920635e-4 weeks <br />2.283e-4 months <br /> (an average of 7,320 hours0.0037 days <br />0.0889 hours <br />5.291005e-4 weeks <br />1.2176e-4 months <br /> per State). For Agreement State response to 8 IMPEP questionnaires: 360 hours0.00417 days <br />0.1 hours <br />5.952381e-4 weeks <br />1.3698e-4 months <br /> (an average of 45

- hours per program). The total number of hours annually is 223,920 hours0.0106 days <br />0.256 hours <br />0.00152 weeks <br />3.5006e-4 months <br />.

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An Iridication of whether Section 3507(d), Pub. L.10413 applies: Not applicable, O.

Abstract: States wishing to become an Agreement State are reqcested to provide certain information to the NRC as specified by the Commission's Policy Statement,

• Criteria for Guidance of States and NRC in Discontinuance of NRC Regulatory Author;ty and Assumption Thereof By States Through Agreement." Agreement States need to ensure that the Radiation Control Program under the Agreement remains adequate and compatibit with the requirements of Section 274 of the Atomic Energy Act sno must maintain certain information. NRC conducts periodic evaluations through IMPEP to ensure that these programs are compatible with the NRC's, meet th6 applicable parts of Section 274 of the Atomic Energy Act, and are adequate to protect public health and

safety, A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room,2120 L Street, NW (lower level), Washington, D.C. OMB clearance requests i

are available at the NRC worldwide web site (http://www.nrc. gov) under the FedWorld collection link on the home page tool bar. The document will be available on the NRC home page site fo.

60 days after the signature date of this notice.

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Comments and questions should be directed to the OMB reviewer by (insert 30 days after l

i publication in the Federal Realster):

1 i

Martin Oflutt f

Office of Management and Regulatory Affairs (3150-0183)

NEOB 10202 Office of Management and Budget WashinpMn, DC 20503 The NRC Clearance Officer is Brenda Jo. Shelton, 301 415 7233.

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Dated at Rockville, Maryland, this 4.3d day of imm

1998,

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J For the Nuclear Regulatory Commission.

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4renda o. %fdtthm2 Clearance Officer Office of e Chief Infermation Officer r

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No. 3150-0183 Expires (insert date)

INTEGRATED MATERIALS PERFORMANCE EVALUATION PROGRAM QUESTIONNAIRE Name of State / Regional Program Reporting Period: Month XX, [ YEAR), to Month XX, [ YEAR)

A, COMMON PERFORMANCE INDICATORS 1.

Status of Materials inspection Prooram 1.

Please prepare a table identifying the licenses with inspetions that are overdue by more than 25% of the scheduled frequency set out in NRC Inspection Manual Chapter 2800. The list should include initialinspections that are overdue, insp Frequency

, icensee Name (Years)

Que Date M_onths O/D L

2.

Do you currently have an action plan for completing overdue inspections? If so, please describe the plan or provide a written copy with your response to this questionnaire.

3.

Plesse identify individual licensees or groups of licensees the State / Region is inspecting more or less frequently than called for in NRC Inspection Manual Chapter 2800 and state the reason for the change.

4.

Please complete the following table for licensees granted reciprocity during the reporting period.

' _ Estimated burden per response to comply with this voluntary collection request: 45 hours5.208333e-4 days <br />0.0125 hours <br />7.440476e-5 weeks <br />1.71225e-5 months <br />.

Forward comments regarding burden estimate to the Information and Records Management Branch (T-6 F33), U.S. Nucleer Regulatory Commission, Washington, DC 20555-0001, and to the Paperwork Reduction Project (3150-0183), Office of Management and Budget, Washington, DC -20503. If an information collection does not display a currently valid OMB control number, NRC may not conduct or sponsor, and a person is not required to respond to, the information collection.

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2 Number of Licensees Granted Reciprocity Number of Licensees Priority Permits Each Year inspected Each Year Service Licensees performin)

YR YR teletherapy and irradiator source YR YR installations or changes YR YR YR YR YR YR 1

YR YR YR YR YR YR YR YR 2

YR YR YR YR YR VR YR YR 3

YR YR YR YR YR YR 4

All Other 5.

Other than reciprocity licensees, how many field inspections of radiographers were performed?

6.

For NRC Regions, did you establish numerical goals for the number of inspections to be performed during this review period? If so, please desenbe your goals, the number of inspections actually performed, and the reasons for any differences between the goals and the actual number of inspections l

performed.

II.

Technical Quality of Inscectigns l

7.

What, if any, changes were made to your written inspection procedures during the reporting period?

8.

Prepare a table showing the number and types of supervisory accompaniments j

made during the review period. Include:

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Inspector Suoervisor License Cat. Qgin l

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Describe internal procedures for conducting supervisory accompaniments of inspectors in the field. If supervisory accompaniments were documented, please provide copies of the documentation for each accompaniment.

10.

Describe or provide an update en your instrumentation and methods of calibration. Are allinstruments properly calibrated at the present time?

Ill.

Itchnical Staffino and Trainina 11.

Please provide a staffing plan, or complete a listing using the suggested format below, of the professional (technical) person years of effort applied to the agreement or radioactive material program by individual. Include the name, position, and, for Agreement States, the fraction of time spent in the following areas: administration, materials licensing & compliance, emergency response, LLW, U mills, other. If these regulatory responsibilities are divided between offices, the table should be consolidated to include all personnel contributing to the radioactive materials program. Include all vacancies and identify all senior personnel assigned to monitor work of junior personnel. If consultants were used to carry out the program's radioactive materials responsibilities, include their efforts. The table heading should be:

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POSITION AREA OF EFFORI FTE%

12.

Please provide a listing of all new professional personnel hired since the last 1

review, indicate the degree (s) they received, if applicable, and additional training and years of experience in health physics, or other disciplines, if appropriate.

13.

Please list all professional staff who have not yet met the qualification requirements of license reviewer / materials inspection staff (for NRC, inspection Manual Chapters 1246; for Agreement States, please describe your qualifications recuirements for materials license reviewers and inspectors). For each, list th-courses or equivalent training / experience they need to attend and a tentative schedule for completion of these requirements.

14.

Pleaso identify the technical staff who left the RCP/ Regional DNMS program during this period.

15.

List the vacant positions in each program, the length of time each position has been vacant, and a brief summary of efforts to fill the vacancy.

IV.

1echnical Quality of Ucensina Actions 16.

Please identify any major, unusual, or complex licenses which were issued, received a major amendment, were terminated, decommissioned, submitted a bankruptcy notification or renewed in this period. Also identify any new or amended licenses that now require emergency plans.

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Discuss any variances in licensing policies and procedures or exemptions from the regulations granted during the review period.

18.

What, if any, changes were made in your written licensing procedures (new j

procedures, updates, policy memoranda, etc.) during the reporting period?

10.

For NRC Regions, Identify by licensee name, licer se number and type, any renewal applications that have been pending for one year or more.

V.

Responses to incidents and Allecat!ong.

20.

Please provido a list of the reportable incidents (i.e., medical misadministration, overexposures, lost and abandoned sources, incidents requiring 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> or less notification, etc. See Handbook on Nuclear Material Event Reporting in Agreement States for additional guidance.) that occurred in the Region / State during the review period. For Agreement States, information included in previous I

submittals to NRC need not be repeated (i.e., those submitted under OMB clearance number 3150-0178, Nuclear Material Events Database). The list should be in the following format:

LICENSEE NAME LICENSE #

DATE OF INCIDENT / REPORT TYPE OF INCIDENT 21.

During this review period, did any incidents occur that involved equipment or source failure or approved operating procedures that were deficient? If so, how and when were other State /NRC licensees who might be affected notified? For Sta'es, was timely notificadon made to NRC7 For Regions, was an appropriate and timely PN generated?

i For incidents involving failure of equipment or sources, was information on the incident l.

22.

provided to the agency responsible for evaluation of the device for an assessment of possible generic design deficiency? Please provide details for each case.

l 23.

In the period covered by this review, were there any cases involving possible wrongdoing that were reviewed or are presently undergoing review? If so, please describe the circumstances for each case, 24.

Identify any changes to your procedures for handling allegations that occurred during the r

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For Agreement States, please identify any allegations referred to your program l

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by the NRC that have not been closed.

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General

25. Please prepare a summary of the status of the State's or Region's actions taken in response to the comments and recommendations following the last review.

26. Provide a brief description of your program's strengths and weaknesses. These strengths and weaknesses should be supported by exampfes of successes, problems or difficulties which occurred during this review period.

B. V ?N COMMON PERFORMANCE INDICATORS 1.

(talslation and Proaram Elements Reauired for Comoatibility

27. Please list all currently effective legisiation that affects the rc.11ation control program (RCP).

28. Are your regulations subject to a " Sunset" or equivalent law? If so, explain and include the next expiration date for your regulations.

29. Please complete the enclosed table based on NRC chronology of amendments, identify those that have not been adopted by the State, explain why they were not adopted, and discuss any actions being taken to adopt them. Identi'y the regulations that the State has adopted through legally binding requirements other than regulations.

30. If you have not adopted all amendments within three years from the date of NRC rule promulgation, briefly describe your State's procedures for amending regulations in order to maintain compatibility with the NRC, showing the normal length of time anticipated to complete each step.

11.

Suled Source and Device Procram

31. Prepare a table listic new and revised SS&D registrations of sealed sources and devLas issued during the review period. The table heading should be:

SS&D Manufacturer, Type of Registry Distributor or Device Date Number-Custom User or Source lesued 3?.

What guides, standards and procedures are used to evaluate registry applications?

33.

Please include information on the following questions in Section A, as they apply to the Sealed Source and Device Program:

Technical Staffing and Training - A.Ill.11-15 Technical Quality of Licensing Actions - A.IV.1618 l

Responses to incidents and Allegations A.V.20-23 111.

Low-Level Waste Proaram

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Please include information on the following questions in Section A, as they apply to the 1.ow level Waste Program:

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Status of Materials inspection Program A.I.13, A.I.6 Technical Quality of Inspections A.ll.710 Technical Staffing and Training A.lli.11 15 i

Technical Quality of Licensing Actions - A.IV.1618 Responses to incidents and Allegations A.V.20-23 IV.

Uranium Mill Proarag) 35.

Please include information on the following questions in Section A, as they apply to the Uran!um Mill Program:

Status of Materials Inspection Program A.I.14, A.I.6 TechnicalQuality ofInspections A.ll.710 l

Technical Staffing and Training - A.lll.11 15 l

Technical Quality of Licensing Actions - A.IV.1618 Responses to incidents and Allegations A.V.20 23 i

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7 TABLE FCH QUESTION 29.

OR DATE DATE i

CURRENT EXPECTED 10 CFR RULE -

DUE ADOPTED STATUS ADOPTION Any amendment due prior to 1992. Identdy l

each reguhuhon (refer to the Chronology of Amendments)

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Emergency Plannwy, Parts 30.40.70.

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54 FR 14051 f

Standards for FMm.ini Agasnst Radiation; 1/1/IV i-Part 20:

56 4 4 23360. 56 FR 61352. 57 FR 57877 SP FR 67557, 59 FR 41641,60 FR 20183

!l Safety Requrements for Rsd.vyMk 1/10/94 Equipment; Part 34: 56 FR 11504 f"

Notdicahon of inadent*; Parts 20. 30. 31. 34, 10/15/94 l

39,40,70 56 FR 64980 I

Quahty Management Program and 1/27/95 Mesadmuwstrations; Part 35: 56 FR 34104 bcenseg and Radiahon Safety Requrements 7/TS6 r

for Irradiators; Part 36: 58 FR 7715 l

Definshon of Land Disposal 7/22/96 and Waste Sete QA Proyam;Part 61:

l 58 FR 33886 Dow...<-ss;ur a.3Recordkeepeng Docu-10/25/96 mentahon Addebons; Parts 30,40.70:

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l Self-Guarantee as an Addshona! Fmanoaf 1/28/97 Med.isT.; Parts 30,40,70 58 FR 68726, 59 FR 1618 k

Urarnum Mdl Taihngs: Conformmg to EPA 7/1/97 i

Standards; Part 40. 59 FR 28220 t

Timeliness in Decommissionmg 8/15/97 Parts 30. 40. 70- 59 FR 36026 i

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8 OR DATE DATE 10 CFR RULE DUE AL9PTED CURRENT EXPECTED STATUS ADOPTICN Pr%.i.wi. Transfer for Cwi..e Dis-1/1/98 inbute, and Use of Byproduct Matenal for MeJical Use; Parts 30,32,35: 53 FR si7s7 59 FR 65243, 60 FR 322 I

Frequency of Medical Exarrunations for Use of 3/13/23 Respiratory Protection Equipmerfc Part 20.

60FF 7909 Low-level Waste Stupment Mancfest 3/1/98 e

informate and Reportog; Parts 20. 61:

60 FR 15649. 60 FR 25983 Performance Requirements for Radiography 6/30/98 Equ;v.i.e. t; Part 34. 60 FR 2s323 Radeten Protecta Requirements: Amended 8/1d!98 Defirutsons and Cnteria; Part 19. 20:

60 FR wC3s Clanfication of Decommrssiorung Fundog 11/24/99 Requirews ts. Parts 30,40. 70:60 FR 38235 10 CFR Part 71: Compat6ihty with t%e 4/1/99 Intemational Atomic Energy Agency-60 FR 50248. 61 FR 28724 Medical Admmistration of Radiation and 10/20/98 Radioactnre Materials; Parts 20,35:

60 rR 48873 Temunation or Transfer of Lics.W Actnnta:

6/16/99 Recordkeeping Requirements; Parts 20. 30, 40,61.70: 61 FR 24sss Resoluticn of Dual Regulaton of Airtiome 1/9/00 Effluents of Radioact:ve Materials; Clean Air Act: Part 20' 61 FR 65119 Fissile Material Shipments and Exemptons; 2/10/00 Part 71:62 rR 5907 I

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10 MATERIALS REQUESTED TO BE AVAILABLE FOR THE ONSITE PORTION OF AN IMPEP REVIEW ORGANIMTION CHARTS Clean, sized 8% X 11" including names and positions a One showing positions from Governor down to Radiation Control Program Director (RCPD)

One showing oositions of current radiation control program with RCPD as Head a

a Equivalent charts for LLRW and mills programs,if applicable LICENSE LISTS a Printouts of current licenses, showing total, as follows:

Name License #

Location License Type Priority Last inspection Due Date Sort alphabetically Also, sort by due date and by priority (if possibic)

THE FOLLOWING LISTS List of open license cases, with date of original request, and dates of follow up actions a

a List of licenses termiriated during review period.

Copy of current log or other document used to track !! censing actions a

Copy of current tog or other document used to track inspections a

t; List of Inspection frequency by license type Listing or log of allincidents and allegations occurring during the review period. Show whether incident a

is oce!! or closed and whether it was reported to the NRC THE FOLLOWING DOCUMENTS a All State regulations a Records of results of supervisory a Statutes affecting the regulatory authority of accompaniments of inspectors a Emergency plan and communications list the state program a Standard license conditions a Procedures for investigating allegations a Technical procedures for licensing, model a Enforcement procedures, including licenses, review guides procedures for escalated enforcement, a SS&D review procedures severity levels, civil penalties (as applicable) a Instrument calibration records a Copies of job descriptions a inspection procedures and guides a inspection report forms

1 UNITED STATES NUCLEAR REGULATORY COMMISSION RULES and REGULAT'9NS TIT 1.E 10, CHAPTER 1, CODE OF ptDERAL REGULATIONS-ENERGY COMMISSION NOTICES POUCY STATEMENTS AGREEMENT STATES would be compatible with that of the pub.L 36-373 which wee enacted te the NRC. The critorie were circuteled

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form of a ww section to the Ato,nic smug Statoo, Fedotal agentin,lebor Pu w we1/sa/e1 gne,y Act(Secuen 274)and appsved and industry, and other infetteled IN = Ww 1/sa/st by tha eteeldent en September as,legg smupe for temment.

Anwnees by ps pow g y/1sist and amended by pub.L es 404 4.The erlierte requite that the State les Pm sessel one 7/31/sst(es rn approved November 3.1371 note authority consider the total accumuleled 338781 criterie ate intended to indioste factore occupettenal tedletion exposure of which the Comminionintends to indMduals.7o facilitate euch an Cetterte for evidenee of States eng sonsidetin soproving new or emende J opposch,1116 the view of the NRC that 18RCin Dipenunuanee of NRC agreemente.by are notInknded to en overall redleden protection program i

Roswlstory Authority and AneumpUen hmit Commiselon discretlen in viewing le dultsble.7he maximuro scope of Thereof by Statee Through Agreement individual egenmente et amendmente.

each State's todution protecdon

• w N1 Regu sterY In accordance with thne statutory or Co mb provlefone, when en egreement betwnn progrern-la not. however, e secesse Aetiew: Statement of policy, o Stato and the NRCle effected, the appropriate subject for eenerage.tn e

1 Commiselon wuldiscontinuelie crlierle. Coueguendy, the criterte are within that State ellent on the qu3 dien of whether a State l

suessuav The Nuclear ReguleIory reguletory authontythe following should have a total teruletory propas Commlesles bee tevloed its statement o' erst one et more en severing all sourm of rediscon, policy togarding criterie for guidance of meteriale: byptobt meterf al es defined including then not subject to control by States and NRC in discontinuance of of the Act the NRC under the Atomic Errrgy Act, in Sut m tielt) byproduct material as NRC usaletory authority and tredioteologe) ion 11e(t)of the Act(mill euch se a rays, radium, necelerstors, etc.

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enusption of regulatory authority b definedin t

t. 'Thne revised criterte provide for l

INtes through agreement. This setfen is tellinas or westeel, source material 6.: @g into en speement for e I

mesepary te make editorial shaages to (uranlum ud thorium), special nuclear i

spdate the polley eletament, to agew meterial(uranium 283, utenlum tai ud depereto celepory of meleriale, namely, low level weene meterialla permanent Stotee to estet into apeemente for low.

plutonium) La quantitles not suffletent to disposal facililln hoy ales provide level weele ea'y, and to laaetperste b form a criticalmen ud permanent asw einerie in swas wiekiwie t!,anium utu d2nge Reesiian Ceai,,i consel onow ievei*na conataias continue regulating usalum and thorium "vieless and uimmesh W h one or more of the meteriale eteled Actof ters. Adoptiesof thispeberwls above but not including an1D teuings, processing sad the weetes moulting therefrem under the pmvisions of tae t

auewlaterested Stotee to enterlate L As speement may be effuted Urenlum Mill 7e Redietton Control apeament with the NRC and readete hetween a State and NRC:(1) upon Act of 1978 (ps.L

) ahat low leval waste etw,e saly. Adedenau '

eartiftsetion by the Geomor that the November s,1981.De Amt critede those States ht meet h critede for State has a proyam fc,t the sentrol of eleo centeln a number of editt. rial the sepuleuos of uranium mille and radiation hasarde adequate to preweg chuges such as abanging AEC to NRC 4

tanlage may esercise regulatog the public bulth and ufsty with rupect where oppropriate to confers to present suthority over thne seuroes as provided to the materials within the State sovmg precuce and Jew, by the Utstlum MIU 7suinge RedeUes by the proposed syneent and the

8. Intu1rles about deteGe of b l

Control Aet of trte, as amended, State dultes to swume regulatory criurie or o0 er espects of the NRC he revloed etetemut of peg $' 8ni raponsibility for such neur 41s: and (t) pederal. State Reistione program should refleets the foDo principal e afist a Anding by W Commfuton the:

be addroned to the Olties of State 1,Modificeues terion tr *o the State propam !:to accordanu with Programe,U.S. Nuclear Regulatory meat for allow a Stew to mk an a$ste es athe requiremente of esbuction o c,f Commiselon. Weeblasten. D.C. 30688.

the foguistfos oflow leve esetlos 274 andin all other toepects Cdierts esparete eatego y,dJitional criteria for compouble with the Commlulon's t.incluelonofe propam for the reguleuen of such

ggy, States wie le continue regulating maartele, and to adequate to protect the 1.helect/on. ASeele story uranium and orium processors and public knith and oefety with respect to pro 6 tem shau be d to protect b m!U talliage after November 7, togt, the meteriale covered by the proposed health and safe of a people asetnet 8.Setortal sod cletifying chanen to speement. lt le also necmary ht the Nd4Un haea s.

make h ektsment surnat, State have enablinglegielepon

1. Ateel his pelley statemer t le effecuve authorising its Covernor to enter into Aodieuen hoteausa #aandede e 4

- Jonesty 88, test.

such an appment.

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' pen puertwen su,en.sa, ion eestaegg

. 3. De origirial criterle were pub!!ahed t= = =a-a==.w,,,4.m.ub,ury im

'm emen wm n,c.d.

t John F. Rendle. Omco of State Programe, on March 34,1 set (is FR *sar) efin a

U.S.Nealeat ReluletobComminion, envai= wiin urious laa omciels

,A,

=%.u.ga n., u.=,e,ge im e, hone:.m.

a.d iher Sisie represanteiives,is wn#J.i.n, o 1,.-ne.o.m

,1r,e'.

y_iseMan lrevide guidance and sur.ience io the

,,n ao

=co.

aws and the A C(now NRCjin

,,o,,

e.e.,may,,,,,n,n,JJ"rieed d' p 3'"

d

'd devoloPing a reguletcry program whlch gfdSgggg imii.me if'*os'a*m" ATTAINurNT 1_

4 POUCY STATEMENTS J.Stondards.De State nru! story and marutest systeso) shnu be in authority shall be authorind in progre3 shall adopt a set of staridards accordance with to CFR 20.

indwidual ca ses to impose additional for grotection against rad!suon. wblch

%e waste dispont standards shall requiremer.ts to protect hes!Lh and shaJ apply to byproduct, sourts and include a weste classtncauon scheme safety, or to gunt necessary exemptions special tuclear meterials la queouues and provisions for wasts form.

which wiU not jeopardin health and I

hot 4f!ic ent to form a critical mass.

applicable to wesie generators, that is

safety,

3. Uniform /ty /n Aod!o#on Standards.

equivalent to theI contalned in 10 CFR Prior Evoluollon of Uses of Aodiocclive lt le Ltaportant to stthe for uniformity la Vart 81.

Afoterials technical defeitiom and tenninology.

(b) Land disposal of waste received peroevterly as related to suc.h things es frorn other perpons.ne $tste shall 10 Pr/ar troluollon o/#crards and stn;ts of n.casu'ement and radjaton promutaste repladons containing Uses. Except/ons. In the present state of d:n.Dere shaU be unifornJry on licensing regulroments f* tend dJeonset knowlsdge,it is neceesary in repisung Cealma perminible dons and levels of radioactive wesie received from other the ponension and use of byproduct.

of ta"stion and conceotrations of persons which an cornpetfble with the source and special nuclear meterials

1. adioactivity as fixed by part 20 of the applicable tec.hnical deftaltions, that 1;,e State regulatory authority NRC regulauons besed on efficisDy performance objectives, technical requin the submission of information on, and evaluauon of, the potential opproved tod;suon protecter: guides.

r,qu!rements and appilcable supporting hantds and the capability of the user or

4. 70'o/ Occupatione/ Aegiorion sections tet forth in 10 CFR part et.

Exposure, ne terulatory e6thority stall Adequete financial arungements (unde, possesser rior to his receipt of the c:nsider the totaf eccupational redlauon terme estab!!shed by regulation) shall be snaterials. ois criterion is subject to exposure ofindividuals including that required of each waste disposal site certain excepuons and to continuing from sources which are not repleted by IIcenm to ennte sufncient funds for toappraisal se knowledge and experience in the at mc energy field it, decontaminadore cloeure and L Surveys. Afon/ Lor /ng. Appropriate etabillaauon of a dieposal site. !n increase. Frequently there are, and eurveye cod personnel monitortis under addjuon. Agreement State financial increasingly in the futun then may be, categories of materials and uses es to the close supervision of technically arrangements for long term monitoring whichthere is sufficient knowledge to corspetent people are essrnualin and maintenance of a specifle elle must achieving redlological protection and be reviewed and approved Sy the permit possession and use without prior shaU be made in determ!ntng Cor.untos,on prior to nileving the site solusuon of the hasards and the compila ce with ufety regulations.

operator of licensed responsibility espability of the possessor and user,

& Labels. S/pss. Symbols. It is (ucuan 181(a)(2). Pub.1.97-425).

Dese categories fell into Iwo groups-those materials and uns which rney be.

desirable to achieve unifortrJty la completely exempt from regulatory labels, e!pns and eymbols, and the controls. and those meterials ar.d uses posting thereof. However,it is essanual in which sant uans for rWsuse are that there be uniformity in labels, signs, maintained without pre enlueuen of I and symbols afnaed to radioacth e the individual posussion or use. In products which are trans',rnd from

10. Aepulations coremlos Shipment authortring tesearch and development penon O pereon.

of Aodioactive bloterio.'s. no State or other actwitles involving multnple y, instruction. persov worhing in or frequenting restrics< areas shau be stell to the extent of its jurisdletion uses of radioactive materials, where an 8

instncted v.ith respect to the health promulgate regulations applicable to the institution has people with extensive risks associated with exposure to shipment of redloactive materials such training and experience, the State radioacuve materials and in prec+utions repletions to be cornpetible with those regulatory a uthority may wish to l b minimise exposure. Workers shay established by the U.S. Department of provide a means for authorialns broad i

have the right to regunt regulatory Transportsuon and other agenclea of the use of materials without evaluating each a:thortry inspections as per 10 CTR 19.

United States whose furtsdlcuen over specific use.

section 19.16 and to be npresented intersta'* shipment of such mater'als 14 Evoluotion Criterio. In evaluatira during taapections as specified in necessuly centinues. State regu.auens a proposal to use radioactive..terials, section 19.14 of 10 CFR 19.

8ebarding transportstion of todioactive the replatory authority shall determine s.Stontpa Uwand redloactive materials must be compauble with 10 the adecuacy of the applicanfs fetilities material u storage shad be secured C'R part yt-and safety equipment, his tralning and agslnat ucauthorised removal.

.l. AeW/d8 ondRePons. The Stata expertence in the use of the materials regulatory prog 7am shall require that for the purpose requested. and his

9. Radioactive Waste Disposal.

bolders and users of radioacuve proposed administrouve controla. States e die e Ib materialusers.

meterials (e) maintein tecorda covering snould develop guldance documents for del n

npmu.n suon un b heenu apphcanta. Ws guMance radioscuve materials into the a r, water surveys.and disposals of materials;(b) should be con *istent with NRC licensing and uwer, and burial in the soll sha!! be herp records of the receipt and transfer and replatory pides for varlous l

in accordance with to CF'R Part 20

! Holdere cf redtoacuve material de'strin8 of LM 58teri418;(c) MPort significant categoriee oflicensed scuvittu.

incidents tr.volving the matenals. as

15. Numon Un. He use of radioscuve l to relnu or dispou of quanttues or rescribed by the repletory authority, materials and todistion on or in bumans l cance:trauona of radioscuve materials L j make avallable upon request of a s9U not be permitted eacept by d

' in ascene of prescrited limita shall be ormer em v W.$ va'ifled persons (normally

'ernployee'ployee a rep rt of thes exposure to radiatlers (e) at 1,5caud physicians) pc asessing required to obtain specal pa mission from the appropriate replate y request of an employee advise the prescribed minimum. experience in the andhority, employee of his or her annualradiation use of radioisotcpes or radiattoru Requimmenta tor transfer of weste for the purpose of ultimeto disposal at a exposure: and (f) Inform uch employee

/nspection land disponi facility (weste transfer in writing whe' e emplo)es has received red...on exposure in excese of

16. Purpose. Frequency, ne

' a.cwas me men. nr m s.cm. i.

the presc. sed limite.

Possession and use of redioactive

• le t:e.sntea to uw tunm te oi pce e

12. Ad./itional Aequirements and materials shall be subject to inspection I.e E*.".N,'[.'[d' ifs *.',gy Exerrptians. Consistent with the overau by the regulatory avority and shaU be i

criteria here enumerated and to subject to the performance of tota. u me' ohn mei inct.a. ur m. me. m s. n.t evene shsh e..pmw,..

i.

accommodate special cases or required by the regulatory authority, misuualI>.aaarg m., w,,i, port se a menewd circumstances, the State replatory Irispection and tesung is conducted to determine, and to assist in obtaining.

POUCY STATEMENTS compliance with reyulatory of etaluetion andLaspectionof a!!of the Specio/ Nuclear Afoter/cl. Source variou can of byproduct. nource and Aforerio/ond Trit /um Fregency of inspection shall be special nucleat material which rotsht

21. Conditions Applicoble lo Specic/

requirements.

related directly lo the amount and kind come to the regulatory body should have 3.uclect Afortriol, Source Afoterdolond 4

cf metcdal and type of operation substantial training and extensive Tr/1/um. Nothing in the $tste's

• icensed, and it shall be adequate to experience in the field of redjouon regulatory program shallinterfere with inaute complianca.

protecuen.it is desirable that such a the duties impond on the holder of the

17. Inspecuoris Cornpulsory, Ucensees person have a bachelor's degree or materials by the NRC, for enemple, the sbau be under obligation by law to egulvalentin the physical or ILfe duty to report to the NRC. on NRC pt: vide eccess to tnepectora.

sciences, and specific training. radiation prescribed forras (1) transfers of specla) nuclear tnettrial, source mattrial and

18. Notification ofResults of protectica*

Inspection. Ucensees are enutled to be it le ruegnind that there will also be tritlum, and ( ) perio6c int ento data.

12. Spec /o/ Nuclear Aforerial efined-adrised of the results of inspections and persons to the pregram performing a 4: notice es to w bether or not they are in more limited funf tlon in evalustl>n and Special nucle ar malertal, in quantjtjes c:mpliance, inspection. nne persons will perforrn not sulticitot to form a critical mass, for the day to day wark of the regulatory present purposes means tranfum enriched in the isotope U-235 in Inforcement program and deal with both routine

10. Enforcement Posunion and use sitosticn n weu es some which will be quantities not exceeding 350 grams of of adioacuve materials should be out of the ordinary.nese persone centsined U.:35; uranium 233 in arenable to enforcement through legal shes!d have a bachelor's degen or quantities riot exceeding 200 grams; sancuens. and the regulatory authonty equh Met 6 h physical or hfe plutonlum in quantitles not esceeding 200 grams; or any combinetien of them shall be equipped or suisted by law sciences,tralningin health [whysics and

, nud work in accordance with the following with the necestery powers for prompt

,pp,pg,,gy g,y,tradietion formula: For eoch kind of special enforcement.This may include, a s experience in the field o nuclear material determine the ratio appropriate, administrative remedfes prettetton.

inking toward issuance of orders ne foregoing are considered between the quenuty of that special requiring affumauve actjen or destrable quahhcations for the staff who nuclear material and the quanuty s:spension or revocation of the right to willbe renonsitte for the actual specified above for the nme kind of special nuclear resterial.ne sum of penne and un matensla, and the

[n rformer cr of evaluation andpectlen in addition there will neh retics for all of the kinds of speelal e

impoundmg of materials, the obtaining {

of injunctive rehef. and the imposing o pro Jy be trainees a:sociated with the nuc!nr materialin combin Uon abould cis u or criminal penaltaes.

regJ../3ry program who wulhate an not esteed "1" (i.e., unity). Tor example.

acaderoic be ' ound in the physical or the followk. quantitles in combination Personnel hfe niene au as var)intemeunts would not exced the limitation an8 sie

20. Qualifications of Argu/otory and of 'HCiflC in ndiaton within the fortnula, se foUows:

Inspection Personnel, ne regulatcry pmen u n b'. afe M no actual wm cgency shall be staffed w(th sufficient evPerlence in inis field.nt background 175 (grtel Centainei U435) e trained personnel. prior es atuation of and specific training of these persons J50 appheations for licenses or wulindicate to sorre extent their r

i authonistions and inspection of potential role in the regulatory progrank 50 (grams U 233),50 (trar.ss Pv) l bcensees must be conducted by persons Dese trainees, of couros,could be used l

possessing the training and experience initlany to es aluate and inspnt thou g

g l

relevant to the type and level of apphcations of tedioscuve materials r:dioactivity in the proposed un to be Is definition is nb ect to charige by C

ev aluated ud inspected. his requires d

Il o leadtkns ute Commission rufe or regulabon.)

competency to evoluste various etandpoir.t. for uomple, inspection o industri.; geu es, small research umisstreriom

oci e t e a n os e of programs, an diagnosuc medical rJ. di te prutices for assuring the falt radioactive material and includes programs. As they sin experience and and impartial administradon of concentrations of radioactive materials regulatory la w, including provisla for

[*['p"rgr in air and water, conditions of shleidbg.

Ivel 1

the makins of redleHon enessurements more complex or difdeult types of pubhc participation where appropriate, should be incorporated in procedures knowledge et radiation tnstrumenta-realoacuve matutal appbceuons,ilis I8" their nintiort use and calibration--

desirable that such trainen have a

a. Tmnuladon of ruin of snual rn or equivalent in the

D laboratory design, contaminsuon bachelor's defe niences and specific control, other general principles r, rid physical or h

'E[. Appmving or dnying apphcauns practices of radiation protection, and training in radistion protection. In IM huous M au$orinUon k penne tse of management controls in assuring determining the reqmrement for and Lse rarticactive matelels and e dherer.ce to safety proce64. In orde' ecademic tralning of individuals in all of c/1 ding discipanary acuens against to evaluate some complex cases, the the foregoing caugodn propu U'"""'

State reguleto staff may nud to be consideretion should be given to supplemented consultants or other equivalent competency which has bean Arroapments for Discontinuins /Olc State agencies wl.h expertise in geology, gained by appropdate tecimical and

/vrisdertiott hydrology, wster quahty, radiobiolog7 radiauon protection experience.

g@ts neyDes ah no and engineering disciplinea.

It ta recognlud that radioactive gtan should 9 te w I h aguey M To perform the functions involved in meterials and their uses are so varied

'3 "'I" * # h' " '"O' # I" C' on the program and abou!d preside #^3 7

evaluation and inspection,it is desirable thei the evaluation and trapecuoa.

the that there be personnel educated and functions will require skius and

• ' ""* "F st legal i

tralned in the physical and/or 111e experience in the different disefphnes su y

ne sheujd be suuranen sciences, including biology, chemistry, which wiU not alwsys runde in one I

physics and enginee

, and that the person.The regulatory authority should g'3M,$PySfes'blo a od m personnel have had tre and have the composite of such skills either and it may be desirable that there be a' experience in redletion protecuen. For in its errip1dy or at its command. not

"[g;[y"j,',,'jh;M;'[3[,,,

'7' emample, the person who w(U be cialy for rouune functions, but also for j

responalble for the actual puformance emergency cases.

Penda's Applications. In effectina the l

POUCY STATEMENTS d!scor.tinushu of jurisdictica Arrar.gementa should be mede for the rulemation or other bonded a ctivity has apprpriate arungements wulbe mede rutprocalruegniuon of state beenen bun perfor:ned. funds for the purpon by NRC and the $ tate to ensure that and Tederal licenne in connection with am not to be transfund to the rederal there will be no interference with or out of.tLt. jurisdiction operettone by a Gos ernmen'.The fundo collected by b Inter.vption oflicennd scuvides or b State or Federal ueenue.

Sute shall be sufficient to ensure processing of licerise applicatione, by

34. NAC and Department o/IneTT compliance with the reguleUons the reason of the trensfer.For example, one Conimetore. The state should provide Commission uteblishes purnant to appr:sth might be that h State. in eternptions for NRC and DOE Secuon 181X of the Atomic Ene,gy Act assiming jurisdicden. could recogrJae contractors whic.h are substantally

d. la the issuances of beenees, an and entinue in effect for en egululent to the fotowing exemptions:

opportunity for wr l'an comrnents, eppropriate terlod of time under State

e. Prime contractors perform 1.3 work public heanns (with innscript) and law. edsting NRC licenses,induding for the DOE et U.S. Government. owned cron euminsuon is n utred, licensea for inhich timely applications or controUed titeet

e. In the fleusncn of Icenen, a for rer.ewel have been fa'vd. escept

b. Prime contractore performing rt:ttrn de walnation of the action to be where gIod coun warrants the earller reperch in, or development, t.Len bmJ upon evidence pnnnted ruuminsuon or term!nedon of the munfecture, storege, testing. or during the public comment period and transportadon of. atomic weapons or which to subject to jadicial rev'ew le s

e/ofkne ll'/th redea/

com,onenis tsmoo now,ed.

,ne ntrent and OfAer Storn. There

c. Prime contrecton using or opereting

g. oss e.

eye, e tn,euem p,in to should be aninterchense of federel and 3,gruf,,,gior,,,,,bernuclur esopleun st aie wrmen envtrwunement State informadon and essistance in devien in a U.S. Government owned sa*8r* mpeletsd ia cenense et,

3. An opportunity abou be provided cornection with the lesuance of vehicle or vesnt and reguistions and licenne or

d. Any other prime contractor or for public participation through written authirtistions inspecuen efilcennes, subcontractor of DOE or NRC when the commuts. public he arings, and judicial reportirg ofinefdents and violations.

State and the NRC jointly determine (f) rolew of rules, and trekning and educeUcn problems.

that, under the terms of the cor tract or 30 In the enactment of any supporting legisladon. the State ebould take into

37. Cnense. Arcendments.

subcontracl, there le adehuste account the s.smadone of authority to Aec/ proc /ty. An agreement prodding for assurance that b work.ereunder can b U.S. In UMTRCA as etated in 10 CFR diocontinuance of NRC regulatorF be accomplished without undue risk to 15a15e and emme(sed by the a:thority and the neumpuen of the public hulth and ufety or d (U) that regulatory authority by the $ tate may the anempuon of eue.h contractor or foWwing:

rden t)any one or more of the subcontractor le authorised by law, e The wtabbshment of sairdmum o,,tradards neverning todamation,lons-following categories of meterials within Additlonel Criteria for Statu Regulating rm nrveIDenu or malatananm, and the State, se contempleled by Public Law to-ara and Public Law 05-404:

Urec. lum or Thorium Procmsore and ownmklp of b byproduct meterial

a. Dyproduct snetariale se defined in Wntes Resulting Tbmfrose After b.no determinauon that prior to the

(

secUon stell)of the Act, November 8,1901 terminadon of a bienes, thu licensee bee compiled wfds decutamina6on,

b. Byproduct materials as defmd in gg,fug,,

decommluloning and ter.lamauon secuen tie (s)*of the Act, as. State statutes or duly Promulgated standards, ud ownmhlp requiremente

c. Source materials,

d. Special nuclear materials la reguletions abould be enacted,if nel for allu at which byproduct material te quanu?es not eu!Belent to form a alreed in placa, to make clear State crtucal mass, autho to carry out the requirements p,,,n,g,e requirement that prior to c.

e.14w level westes in permanent or Publi Law 95-004, Uranium MID terminsuon of any license for byproduct dispoeil facilitin, ee defined by statute Tallings Redieuon Control Act material as defined in Section 11a.(2), of or co.andulee rulee or reguladone (UhmtCA) se follows the Atomic T.nergy Act or for anf containing one or more of N materials

a. Authority to regulate the taulngs or activity that tuults in the producuon of stated in a, c. and d above but not westes prouuced by the extraction or such material.ude to such b product including byproduct meterial se defined concentration of utanfurn or thorium rnaterial and the dieposal sit's be in Section tie (tlef b Act; from any ore processed primarcy for its transfernd to h Tederal Government but tuelrelate to the whole of such soune material content.

or State at the opuon of the State,

b. net an adeguate surety (under provided such opuon is exercised prior category er ostegones ano not to a part terme established by reguladoh) will be to termmauon of tne Dcense.

of aly category. Illess than t e Ove h

categories are ine'uded in any provided by the beenne to enure the d.De nbruy 2 mquire enh Cocontinuaace of jurisdiction, compledon of allrequiremente monitor'ng, maintenance, and discontinuance of NRC regulatory established by the (cite appropriate emugacy musuru afur b bcean is State agency) for the decontaminadon urmwted n nennery w protect b althority and the assumption of decoinmissioning, and reclamadon of '

public bulth and safety for thon regulatory authority by the State of the elles, structures, and equipment used in materials and property for which the othere coy be accompilshed subsequendy by an amendment or by a conjuncuen with the generation or State has assumed custody punuant to later agruaunt disposal of such byproduct material.

Pub.L M ne agrument may incorporate by

c. Ifin the Statu licensing and e.De abruy u pumn un of 6 mfmace provlelons of other documents, reguladon of byproduct matertel or of

- edan or subsdan uuta. or both of tact: ding then criteria, and the any activity wiJch produces byproduct the land trusfmed to the United States agrument shallbe dumed to matertal, the State collects funds from or State pursuant under provision of the incorporate Mthout spec!fle reference the41censee or its surety for long. term Urardum Mill Rediation Tsuinge Control h previolone of Pub. L e6-373 and Pub.

surveillance and metntenance of such Act.

L 96-404 and the related prodstone of material. b total amount of the funds f.no authority to eumpt land the AtomicImergy Act.

collected by the State shall be own rship transfer requirements of transferred to h U.S. If custody of the Section s3(b)(1)(A) d

" o op plshe

31. It le preferebN that State statutes Nie N N N e$ Ep"Ie$."m us hT[n,,e d ts e Ted t Moda Act. bdetone of Secdon e of th sentain h et baye.dat scenet es deree.s.a seinee no m.os, Government upon termination of the the following may be me Assaw ta..m Asie.

.a a er er se, a ist pumune M t. ewo4 mer own Stato ifcense. (See to CFR 154Jg.} if no acco* lished by adoption of either default has occurred and the pp,3[ urn by ngu! Won or uchnIral

• M eY p*tI E' [d N Ee",'E. g e

1 l

POLICY STATEMENTS cntana. In a. y usa, auth.srity for theit egency asunment of the propond e perience in radlauon protection implementation should be adeptely project la not adeq:ste or appropriate.

rieceesary to evaluate the enginering and radiologicS! aafety espects of a supported by statute, repletion or case However, the lesd agency may F*epan law as determined by the State Attorney an environmental essessment band uranium concentrator, Current hdications are that 3 to LFS total General upon an applicant's endrontnental professional person years' tNort is la the licensing and terulation of ores report. Other credible inferination may needed to procus e new convenuonal be stilind by the State u lorg u auch processed primartly for their source infonesuon is verified and documented milllicanu to sits ticanas,or major meterist content and for the disposal of renewal. to mut ths nquirements of byproduct meterial proceduru shaU be by the State.

UMTRCA. %is number indades the estabilshed which provide a written c.When a lesd egency is designatei.

s5 ort for the envP 2 ental sesessment analysis of the impact on the that agency should coordinate and the in-plant : %ty review.lt also environment of the beenalns oeuvity, pnparauon of the statement.W other indudes the ese of consultanta.Heep

%1s analyste shsU be avguable to the agencies involved should provide teach applications may take less time pubhc before commencement of anslatance with respect to their areas of and is expected to take 14 to 1.5 hearings and shallindude:'

Jurisdiction end expertise. Factors profe:sional ata5 years' a5 ort,

e. An asusso,ent of the ndiological relevant in obtaining assistance from and nonrediological pubile hulth other agendes indude the oppilcable depending on the circumstances encountered. Current indications are impectU statutory authority, the Use sequence in that the person years e5crt for npport

b. An enessment of any impact on which the agendes become involved, and legal servien should be one any body of watar or groundweten the magnitude of tbstrinvolvement, and seentary for approxhnstely 2 relative.e environmental effects. expertise with respect to the convenuonal mais and % staH yeare for

c. Conalderation of alternatives to the pro),es I'3a1 services for each noncontested ani!!

heennd activitint and d_ Consideration oflongaerm trnpacts in order to bring an environmental case. The impact on environmental of licensed activities (see item 86b(1)-

nusement to a satisfactory conclusion, monitoring laborstory espport services it is highly recommended that an initial is dimcult to esumate but abould be

/tefulatlane scopi document be developed which added into the personnel requirmenta, 81 State regulstione should be clearl delineatu the area and scope of In addjuon, conalderation should be reviewed for regu! story requirements, work o be performed by each egency sh en to various miscellaneous post.

and when necessary locorporate within a given time constraint.

beensing ongoing activides including the repletory lanpage which is equivalent

d. Todon mu Me issuance of minor amendnenta, to the extent practicable or more envitentnental assessmert where the inspections, and enytronmental stringent than reguleuons and standards State cannotidentify e Stsie a'$q ate,I eurveillance. it is estimated that these having sumdent experuse to ad ecuvides snay require about 0.5 to 1 adopted and enforced b the Commission. ea require by Section 3740 (ne 10 CFR 40 and IL CTR

,["e$ent, the$ ate shoul Penen years e!!crt per heennd feci!!ty

• j g

g pu year, Ge tenu being Se can for a vs IMO provisions for obtaining outside s do not major facility.nese fpille I activitives O/ yon /rct/caa/Ae/ot/onsAlps W/ Aln consulting services. In those instances in ude manpower for where non governmenstal consultants

'I the States are utill ed. procedures should be b in e ating license app!! cations sg.O anlasuonalrstationships should he estabust.ed which wiu established to evoid conflict of intnest the State shallhave access to nacenary consistent with State law and edehuu,4 ndido al ufq.

provide for an e5ecuve replator;l ggram for uranlurn rollis and mil nsu ants $ec gnited for hydrology, geology and adm s e

m nd ope suo

'*",8Mf,"n'i c

barts abou!d be dmloped which their expertise in emergency medical matters, such as the Oak Ridge and qualifications listedIn the *Culde for g

show the management organinsuon and Hanford National Laboratones. relating Evaluadon of State Rade-on Control hnes of authority.nis chart abould to the intake or uranium a nd its Programs " Revision 3. Wruar,he 1,1980, define the specific lines of supervision dia;nosis thereof essociated with be nNatory Han invdud in t from program management within the uranium mining and milling should be resulatory process (Radletioni should rediauen control group and any other identified and evadable to the State for have adduonal training in Uranium Mill department within the Riate respaasible advice and direct assistance, Health Physica and Envitenmental for contributmg to the ngulation of During the budget preparauon. the Assessmenta.

tranium processing and deposal of State should allow for fundfng costs

c. Penonnelin agendes other than the tailings. When other State agencies or incurred by the use of rensultants. In lud agency an induded tri these total regional omces are utthud the i.nes of eddition, consultants should tw person year numbers.lf other agencies communication and administraut, evallable for any emereenefes which are counted in these numbm then it control between the agencies and/or may occur and f or wttlen it eir experuse shall be demonstrated that these regions and the Program Dinctor should veould be needed immeestely, pmennel6e oanaMe on a rouune be clearly drawn.

and continuing basis to a degree

b. nose States that will utilise per88nA8f cle6d u nmuay to aucunMy personnel from other State Departments R Pmonnel nudedin es rocming UMT1tCA and these criteria.'The "S"

the or teceral agenc sin prefarinhd

• " " " " M '* U'" '* " '

iden,1fied or ks:uped according to thearrangements for makirs such resources environmentalessassmen aho o

deotgnate i 'aad esency for sopervisin8 foUowing ski Technical; avadable shallbe documented, such as I8 en tron.

iee'sNe'n !$is Ad ninistrative; and Support.

sa Literagency memorandum of

a. Adminiuraun pmennelan those understanding and conf rmed by nony,,gg,..ted that the radletion remns who will provide internal budgetary cost centm.

e$a ic re Is is N'es r tw n e:n randa, reviews and j

d wtvicu amnary to usun Functions To Be Covered eles e ncy that the lead agency la te)utred to

'".yE 35.no States should develcp

((po p,"r elat th e no are the environmenta usessment.

procedures for licensing. inspection. and

{r on o an applicant e who provide secretarial, clerical preparation of envirorcental ennronmentalteport in lieu of a lead eup ort. legal, and laboratory services, nunments.

Te nical pmennel en those al/cens/ny

• tus sev6 meni. 4 4 is.i. na., nn.,

inividuals who have the training and be tweed ter eme mw..

(1)IJcensing evaluetions or

POUCY STATEMENTS Instenento*a assenments.hould include in plant

(.) relogyt radiological safety aspects in (b) Environmental eflects of site stL ne sisie should have avallable escupational or restricted areas and preparation and facihty coutrucuon on both field and Isboratory environmentalisopects to ulationa lo environment and biota:

Instrumentation suff;clent to ertsure the unrestricted onee from th ant.

(c) Environmental effects of use and btensee's control of materials and to

(!)lt la expected that the tate wGl dischstge of chemicals and fuels; and talidate the !!censee's measurements.

review, evaluate and provide ld) Economic and social effects-s.The State will submit its bat of l

documentauan of these evolustions.

c.lnspeedons instrumentation to the NRC for review.

be(t) As a minimum. Items which should Arrangements should be made for Items wb!ch abould be evaluated are:

inspected or included during the calibreting such equipment.

i e? Proposed actidties; bI Scope of proposed action; inspection of a uranium mill abould b.1.aboratory. type ins truraenta tion ej Spectflc activities to be conducted; edhere to the items evalusted h the bd should be avausble in a State egency or Ld1 Adrninletrative proceduree; plant safety teview.ne principalitems through a commercial service wblch hae l e! Faciuty organization and recommended for inspect!on are:

the capability for quantitauve and i

I radiological safety reepunsibiliti?

Iel Adrain!strauon; qualltaure analysis of radionuclides avthortues andpersonnel (b)Mit! ctrevit, including any associated with netural uranlurn and its goalificadone; e ddluons, deletlons, or circuit changes; decay chain, primarily; U.238. Rs.228.

(f) LJcensee audits and inspection:

(c) Accidents / Incidents; n.320, Pb.210 and Rn.222. In a toriety (g) Redietion safety tralning propams (d) part is or equh alent requirements of sample medIs such as will be for workere; of the State;

• ncountered from an environmental (b) Radiation safety program, control (e) Acuon taken on previous findings; sp!!ng propam.

and monitoring:

(f) A mill tour to determine Anal) sie and data teducuon from (1)Restrictec arts markings and comphance with replauon. and license laboratory analytical facihties should be access control:

condluons:

as silable to the licen Ing and inspection (J) At existing mills, review of (3) Tallings waste management in authorities in a umely manner, monitoring data, exposure records.

eccordance with regulauona and licertse Normally, the data should be avstlable licenne avult and inspection records, conditions (see NRC Reg Cuide 3.11.1):

within 30 days of submittet State and :ther recads applicable to ex! sting fh) Records; ecceptablisty of quality assurance (QA) mills (1) Respiratory protection in programs should also be estabbsbed for in) Environmental monitoring; accordance with licens* conditions or 10 the analyticallaboratories.

ll) Emergency procedures.

CFR part 20,

c. Arrangernents should also be radiological:

(j) Effluent and environrnental completed so that a large number of

( ) Product transportauen: and monitoring-les m a variety of sem le media (1) Site and physical decommis slor.!ng (k) Training programa; somfting from a major octi ent can be resu procedures. other than taihngs.

(1) Transportauon and shipping:

anal sedin a time frame that willallow

(:) Employes exposure data and (m) Internal review and audit by gj,,fy declslons to be mede regarding bloessey propame.

management public health and safetyId be mede to

d. Artangements shou

b. Invaronmento/ Assessment fnl Exn interview. and o) Tmal written repo 1 documenting

$rticipate in the Environmentaltecuan Agenc sh(ould consist of a detailed and1)W environmental evaluation the results of the inspection and Dndings propam for laboratory performance.

documented esalaauen of the following on each item.

(2)'n addalon. the inspector shoulo Cems:

(e)Tc poraphy; perform the following-Independent surveys and (e) ling.

Ib) Geology;

. c)!l>drology and water quality; sarndAdMtional pidance is contained

(

Ld) Meteorology; distion; Ie) Be63round ra in appre;.lato NRC replatory an.d f)Tdlings ntsnuon eystem:

Inspection guides. A complete 4)lnterim stabilisation, reclamation, ingg.. on should be performed at least sad Site Decommissioning Proparo:

u m e at p ar.

Ih)RadiologicalDose Apesament

d. 0;crationo/ Doto Review 11? Source terms (1)In addition to the reporung

'1; Exposure pathwaF requirements required by the repletions 3, Dose commitment to Lndividuals or heente condluons. the licensee will I4 i Dose commitment to populations submit in writing to the regulatory I5j Evaluation of radiolegicalimpacto agency within 60 days after january 1 to the public to include e dstormlnsuon and julv t of esch year. reports of comphance with State and Federal specifying the quantity of each of the replaucus and comparisons with principal radionuclides nlessed to bedaround values unnstricted areas in liquid and in (6) Occupational does gaseous effluents during the previous six p) R:diological lrnpact to blots other months of opersuon.This det haD be alt the than men reported in a manner that wth m (8) Radiological monttoring propams.

regulatory agency ta confirm the pre. occupational and opersuonal potential annual re dletion doses to the (l)1mpacts to surface and public.

non radiological environmengcal and (2) AU data from the redlol groundwstor both quality and quantity;

((} Environmental effects of accidents:

and monitoring propam will also be (k) Evaluation of tellings management submitted for the saine time periods and alternatives in terms of regulauona, frequency.% data will be reported in

(!)ne States are encouraged to a manner that will a!!ow the regulatory esamine the need to axpand the scopa egency to conform the dose to receptors.

of the essesamentinto other areas such as:

Approved by OMB' No. 3150-0183 Expires [ insert date)

INTEGRATED MATERIALS PERrORMANCE EVALUATION PROGRAM Q V.dllOB W B E Name of State / Regional Program Reporting Period: Month XX, [ YEAR), to Month XX, [ YEAR)

A, COMMON PERFORMANCE INDICATORS 1.

Status of Materials Inspection Proaram 1.

Please prepare a table identifying the licenses with inspections that are overdue by more than 25% of the scheduled frequency set out in NRC Inspection Manual Chapter 2800. The list should include initialinspections that are overdue, insp. Frequency Licemee Name (Years)

Due Date Months O/D Do you currently have an action plan for completing overdue inspections? If so, 2.

please describe the plan or provide a written copy with your response to this questionnaire.

3.

Please identify individual licensees or groups of licensees the State / Region is inspecting more or less frequently than called for in NRC Inspection Manual Chapter 2800 and state the reason for the change.

Please complete the following table for licensees granted reciprocity during the reporting 4.

period.

' Estimated burden per response to comply with this voluntary collection request: 45 hours5.208333e-4 days <br />0.0125 hours <br />7.440476e-5 weeks <br />1.71225e-5 months <br />.

Forward comments regarding burden estimate to the Information and Recoros Management Branch (T-6 F33), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and to the Paperwork Reduction Project (3150-0183), Office of Management and Budget, Washington, DC 20503, li sn information collection does not display a currently valid OMB control number, NRC may not conocct or sponsor, and a person is not required to respond to, the information collection.

ATTACHMENT 2

i 2

Number of Licensees Granted Reciprocity Number of Licenseed Priority Permits Each Year inspected Each Year Service Ucensees performing YR YR teletherapy and irradiator source YR YR installations or changes YR YR YR YR YR (R

4 d

1 YR YR YR YR YR YR 4

YR YR 2

YR YR YR YR YR YR i

YR YR 4

3 YR YR YR YR YR YR i

4 All Other 5.

Other than reciprocity licensees, how many field inspections of radiographers were performed?

6.

For NRC Regions, diu you establish numerical goals for the number of inspections to be performed during this review period? If f o, please describe your goals, the number of inspections actually performed, and the reasons for any differences between the goals and the actual number of inspections performed.

11, Technical Quality of insoections 7.

What, if any, changes were made to your written inspection procedures during the reporting period?

8.

Prepare a table showing the number and types of supervisory accompaniments made during the review period. Include:

Irsonstor suoervisor ucense cat. Date

i J

)

9.

Dercribe internal procedures for conducting supervisory accompanirnents of l

inspectors in the field, if supervisory accompaniments were documented, please l

l provide copies of the documentation for each accompaniment.

)

10.

Describe or provide an update on your instrumentation and methods of l

i calibration. Are allinstruments properly calibrated at the present time?

lll.

Technical Staffino and Trainino t

)

11.

Please provh a staffing plan, or complete a listing using the suggested format below, of the professional (technical) person years of effort applied to the l

agreement or radioactive traterial program by individual. Include the name, position, and, for Agreement States, the fraction of time spent in the following areas: administration, materials licensing & compliance, emergency response, LLW, U mills, other. If these regulatory responsibilities are divided between offices, the table should be consolidated to include all personnel contributing to i

i the radioactive materials program. Include all vacancies and identify all senior personnel assigned to monitor work of junior personnel. If consultants were j

used to cariy out the program's radioactive materials responsibilities, include their efforts. The table heading should be:

MAME POslTION AREA OF EFFORT FTE%

l 12.

Please provide a listing of all new professional personnel hired since the last review, indicate the degree (s) they received, if applicable, and additional training i

and years of experience in health physics, or other disciplines, if appropriate.

13.

Please list all professional staff who have not yet met the qualification requirements of license reviewer / materials inspection staff (for NRC, inspection Manual Chapters 1246; for Agreement States, please describe your qua!ifications requirements for materials Ilcense reviewers and inspectors). F.;

each, list the courses or equivalent training / experience they need to attend and a tentativo schedule for completion of these requirements.

14.

Please identify the technical staff who left the RCP/ Regional DNMS pregram during this period, 15.

List the vacant positions in each program, the length of time each position has been vacant, and a brief summary of efforts to fill the vacancy.

IV.

- TechnicalQuality of Licensino Actions 16.

Please identify any major, unusual, or complex licenses which were issued, received a major amendment, were terminated, decommissioned, submitted a bankruptcy notification or renewed in this period. Also identify any new or amended licenses that now require emergency plans.

i

+m--

,.7-v.,,,.=,--,-m--w.--

---.-my-e-ews,-,,ww-v - -,, - -.

,,r-.vv.,--+

vm

-+w y

--m.-r-ew

f e

4 17.

Discuss any variances in licensing policies and procedures or exemptions from the regulations granted during the review period.

18.

What, if any, changes were made in your written licensing procedures (new procedures, updates, policy memoranua, etc.) during the reporting period?

19.

For NRC Regions, identify by licensee name, license number and type, any renewal applications that have been pending for one year or more.

V.

Resoonses to incidents andM!eaations_

20.

Please provide a list of the reportable incidents (i.e., medical misadministration, overexposures, lost and abandoned sources, incidents requiring P hour or less notification, etc. See Handbook on Nuclear Material Event Reporting in Agreement States for additional guidance.) that occurred in the Region / State during the review period. For Agreement States, information included in previous suomittals to NRC need not be repeated (i.e., those submitted under OMB

)

clearance number 3150-0178, Nuclear Material Events Database). The list should be in the following format:

LICENSEE NAME LICENSE #

DATE OF INCIDENT / REPORT TYPE OF INCIDENT 21.

During this review period, did any incidents occur that involved equipment or source failure or approved operating procedures that were deficient? If so, how and when were other State /NRC licensees who might be affected notified? For States, was timely notification made to NRC7 For Regione, was an appropriate and timely PN generated' 22.

For incidents involving failure of equipment or sources, was information on the incident provided to the agency responsible for evaluation of the device for an assessment uf possible generic design deficiency? Please provide details for each case.

23.

In the priod covered by this review, were there any cases involving possible wrongdoing that were reviewed or are presently undergoing review? If so, please describe the circumstances for each case.

24.

Identify any changes to your procedures for handling allegations that occurred during the period of this review.

For Agreement States, please identify any allegations referred to your program a.

by the NRC that have not been closed, i

l l

5 VI.

General

25. Please prepare a summary of the status of the State's or Region's act response to the comments and recommendations following the last review

26. Provide a brief description of your program's strengths and weakne and weaknesses should be supported by examples of successes, prob which occurred during this review period.

B. NON-COMMON PERFORMANCEINDICATORS Lf2 slation and Proaram Elegg.nts Reauired for Comoatibility i

1.

27. Please list all currently effective legislation that affects the radiation contr (RCP),

28. Are your regulations subject to a " Sunset" or eqWalent law? If so next expiration date for your regulations.

29. Please complete the enclosed table based on NRC chronology of those that have not been adopted by the State adopted through legally binding requirements other than regulations.

30. If you have not adopted all amendments wi maintain compatibility with the NRC, showing the normallength of tirr.e a complete each step.

11.

Staled. Source and Device Procram 31 Prepare a table listing new and revised SS&D registrations of seate issued during the review period. The table heading should be:

SS&D Manufacturer, Type of Registry Distributor or Device Date or Source issued Number _

_ Custom User What guides, standards and precedures are used to evaluate regist 32.

Please include information on the following questions in Section A, as 33.

Sealed Source and Device Program:

Technical Staffing and Training - A.lli.11 15 Technical Quality of Licensing Actions - A.lV.16-18 Responses to incidents and Allegations A.V.20 23

I l

6 l

111.

Low Level Waste Proaram 34.

Please include information on the following questions in Section A, as they coply to the Low levelWeste Program:

j Status of Materials Inspection Program A.I.13, A.I.6 l

Technical Quality of Inspections A.ll.710 Technical Staffing and Training A.lli.11 15 Technical Quality of Licensing Actions A.IV.16-18 Respor.ses to Incidents and Aftegations A.V.20 23 IV.

Uranium Mill &Qgtam 35.

Please include information on the following questions in Section A, as they apply to the Uranium Mill Program:

j Status of Materials inspection Program A.I.13, A.l.6 Technical Quality of Inspections + A.ll.710 Technical Staffing and Training A.lli.11 15 Technical Quality of Licensing Actions - A.IV.1618 l-l Responses to incidents and Allegations A.V.20-23

)

i l

4

-... -. ~.

- ~.

. _..~_

-7 TABLE FOR QUESTION 29.

t i

OR i

4 DATE DATE 1C CFR Rtf E DUE ADOPTED CURRENT EXPECTED l

STATUS m

i Arvy amertimerd due prior to 1992. Ide:6'y em:h regulahm (refer to the Chronology of l

Amendments) 1 1

i Emergency Plannwig, Parts 30,40,70:

4/7S3 y

54 FR 14051 1

Standards for Protechon Age.nst Radebon.

1/1s4 i

Part 20:

56 FR 23380,56 FR 61352,57 FR 57877 i

58 FR 67657. 59 FR 41641. e0 FR 20183 i

t' 2

Safety Re6.~.4; for Radiographic 111094

[

l~

Ep; a; Part 34: 56 FR 11504 -

L 1

Nohlicahon of incsdents; Parts 20,30,31,34, 10/15/94 I

39,40.70: 56 FR e49eo I

Quai 4y Management Prograrn and 1/27 s5 Misadmirustrabons; Part 35: 56 FR 34104 i

Lscensing a id Radebon Safety Requrements 7/1/96 for Irradiators; Part 36" 58 FR 7715 t

Defirwhon of Land Desposal 7/22 s 6 i

and Waste S4e OA Program; Past 61:

i 4

58 FR 33886 r

Decommisssoning Recordkeeping Docu-10/25/96 mentshon Addeons; Parts 30,40,70:

$8 FR 39678 t

[

l l'

Self-Guarantee as an Addshonal Financial 1/28/97 i

b Mechanism; Parts 30,40,70 58 FR 66726, i

59 FR 1618 I,

Uranium Mill Tashngs Conformng to EPA 7/1/97 j

St.d Ja; Part 40: 59 FR 28220 t

i.

Timehness in Gm.v....L.;.,

8/15/9.

f

?

Parts 30,40. 70: 59 FR 36026

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PAPERWORK REDUCTION ACT SUBMISSION h

'Please r:ad the instructons befora completng thb form. For additonal'orms or assist:nce in completng thb form, contact your agency's Paperwork C::ar:nco Offic:r. S:nd two copies of thb f:rm, the collection instrum:nt to be r; view:d, th3 Supportng Statement, and any addmonal documentaton to: Office of Information and Regulatory Aff airs, Office of Management and i

(

Budget, C sket Library, Room 10102,72517th Street NW, Washington, DC 20503.

1. Agency /Str, acy onginatlng request 10MB control number U.3, Nuclea, hgulatory Commission J

a.

3150-0183

b. None liype of Information cohection (check one) 4 Type of review requested (check one)

a. New collection J

a. Regular

c. Delegated

b. Revision cf a currently approved cohection

b. Emergency - Approval requested by (date):

5. Will this information collection have a a.Yes V

c. Extension of a currentty approved collecten signifcant economic impact on a

d. Reinstatement, without change, of a previously approved substantial number of small s '!.ites?

J b.No collection for which approval has expired

e. Reinstatement, with change, c' a previously approved d

a. Three years from approval date collection for whict uroval has expired Requested 6 expiraten date

f. Existing collection in use without an OMB control number Oh %M

7. Title Criteria for Guidance of States and NRCin Discontinuance of NRC Regulatory Authority and Assumptica Thereof by States through Agreement and IMPEP Questionnaire

8. Agency form numberts) (Itappicable)

Not applicable

9. Keywords Radiation Protection, Nuclear Materials, Intergovernmental Relations

10. Abstract States wishing to become an Agreement State are requested to provide certain information. Current Agreement States must maintain certain information and respond to periodic eyeluations through a questionnaire to :nsure that programs are compatible with NRC's, meet the provisions of the Atomic Energy Act and protect public health cnd safety.

1 Affected pubtle tune pnm y we vee n om r met appy we v)

12. Obligaton to respond (wen pnmey we v ew as cens mas opp & we v)

a. Individuals or households

d. Farms

a. Voluntary

b. Required to obtain or retain ber.efits t> Business or other for-profit

e. Federal Govemment

c. Not.for. profit institutions P l f. State. Local or Tribal Govemment P

c. Mandatory

13. Annual reporting and recordkeeping hour burden

14. Annual reporting and recordkeeping cost burden (m mous nas oraaers) 30

a. Total annualized capital /startup costs 0

a. Number of respondents

b. Totalannualresponses 8

b. Total annual costs ',0&M) 0

c. Tctal annualized cost requested 0

1. PercentaNectroncall/of these responses collected 100.0 %

d. current OMB Inventory 0

c. Total annual hours requested 223.920

,. pi.ference o

d. Current OMB inventory 215.280 I

e. Difference 8.640 "9'

f. Explanation of difference 720

2. Adjustment

1. Program change 7.920

2. Adjustment

13. Purpose of Information collection 1 Frequency of recorrtkeeping or reportin check all malapply)

(Mark prfmary w2 'P*and a# omers met appty we T)

a. Recordkeeping

b. Third-party disclosure

s. Apphcation for benefits 1

e. Program planning or managemert V

c. Reporting

2. Weekty

[

3. Monthly 1

b. Program evaluation

f. Research 4 1. On occasion

4. Quarterty

5. Semi-annually L

6. Annually

c. General purpose statistics

g. Regulatory or compilance

d. Audtt

7. Biennially J] 8.Other(describe) Every 4 years

17. Statistical methods

18. Agency contact (person who can best answer quescons regardfng me content of his submtssion)

Does this information colle: tion employ statistical metheJs?

Name:

Rosetta Virgilio Yes No Phone:

301-415-2307 I

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10/95 j

19. C:rtificcti:n f2r Paperw:rk R2ducti:n Act Submissl n3 On behalf of this Federal agency, I certify that the collection ofinformation encornpassed by this request complies with

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$ CFit 1320.9.

NOHL The text of 5 CFit 1320.9, and the.clated provisions of 5 CFit 1320.8 (b)(2), appear at dic crd of the instructions. The certification is to be made with reference to those regulatoryprvvisions as setforth in the instntctions.

The following is a summary of the topics, regarding the proposed collection ofinformation, that the certification covers:

(a) It is necessary fcs the proper performance of agency functions; (b) It avoids unnecessary duplication; (c) It reduces burden on small entitics, (d) It usca plain, coherent, and unambiguous terminology that is understandable to respondents; (c) Its implementation will be consistent and ccmpatible with current reporting and recordkceping practices; (f) It indicates the retention periods fe' recordkeeping requirements; (g) It informs respondents of the information called for under 5 CFit 1320.8 (b)(3):

(i)

Why the information is being collected, (ii) Use ofinformation; (iii) Ihtrden estimate; (iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature of extent of confidentiality; and (vi) Need to display utrently valid OMil control rmmber; (h) It was developed by an omcc that has planned and alhx:sted resntrces for the emcient and cfrective manage-ment and use of the information to be collected (sce note tn Item 19 of the instructions);

(i) It uses efTective and cilicient statistical survey methodology; and (j) It makes appropriate use ofinformation technology, If you are unable to certify cornpliance with any of these provisions, identify the item below and explain the reason in item 18 of the Supporting Statement.

Signature o' Authorged Agency OfDelai Gate Signatu f Senior Official danigrJe g

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j 10/95

f OMB SUPPORTING STATEMENT FOR NRC POLICY STATEMENT," CRITERIA FOR GUIDANCE OF STATES AND NRC IN DISCONTINUANCE OF NRC REGULATORY AUTHORITY AND ASSUMPTION THEREOF BY STATES THROUGH AGREEMENT,"

MAINTENANCE OF EXISTING AGREEMENT STATE Pr10 GRAMS, REQUESid FOR INFORMATION THROUGH THE INTEGRATED MATERIALS PERFORMANCE EVALUATION PROGRAM (IMPEP) QUESTIONNAIRE, AND AGREEMENT STATE PARTICIPATION IN IMPEP (3150-0183)

REVISION Descriotion of the Information Collection States seeking to regulate certain Atomic Energy Act radioactive materials are requested to submit information directly to the Nuclear Regulatory Commission's (NRC) Office of State Programs (OSP) related to the management, structure and performance of their radiation control programs (RCPs)in accordance with the terms and conditions of Section 274 of the Atomic Energy Act (AEA) and the criteria identified in the NRC Policy Statement, " Criteria for Guidance of States and NRC in Discontinuance of NRC Regulatory Authority and Assumpton Thereof By States Through Agreement" (46 FR 7540, January 23,1981; as amended by policy statements published at 46 FR 36969, July 16,1981, and 48 FR 33376, July 21,1983) (Attachment 1). This policy statement identifies the factors (,ansidered by the NRC prior to approving new or amended Agreements. A State wh':,n has entered into such an Agreement is referred to as an Agreement State. Presently, there are 30 Agreement States which regulate 72% of the byproduct, source and special nuclear material licensees in the United States.

NRC is required to evaluate Agreement State programs to ensure that its RCP remains adequate and compatible with the requirements of Section 274 of the AEA. NRC issued two final policy statements: " Statement of Principles and Policy for the Agreement State Prograre and " Policy Statement on the Adequacy and Compatibility of Agreement State Programs" on September 3,1997 (62 FR 46517). The former policy statement establishes Agreement State Program principles and describes the respective roles and responsibilities of the NRC and the States in the administration of the Agreement State program. Further, this policy statement provides guidance in delineating the NRC's and the State's respective responsibilities and expectations. The latter policy statement clerifies the meaning and use of the terms " adequate

and " compatible," as applied to an Agreement State radiation control program. Further, this policy statement provides guidance to the Agreement States, NRC staff, and the public to make clear how the NRC intends to evaluate the adequacy and compatibility of Agreement State programs. On October 16,1997, NRC rescinded the May 28,1992, General Statement of Policy " Guidelines for NRC Review of Agreement State Radiation Control Programs,1992* (62 FR 53839), since it was superseded by the above final policies.

NRC has implemented a process, noticec' '

7ederal Reaister, known as the integrated Materials Performance Evaluation ProGrar',

'EP) to evaluate NRC Regionallicensing and inspection programs and Agreement State RCPs in an integrated manner using common

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performance indicaivcs (' Evaluation of Agreement State Radiation Control Programs," 60 FR 54734, October 25,1995, and 62 FR 53839, October 16,1997). NRC conducts this program using Management Directive 5.6, ' integrated Materials Performance Evaluation Program' dated November 25,1997. These reviews are performance-based evaluations of the programs and, for Agreement States, are routinely conducted approximately, but no less frequently than, every four years. IMPEP review teams are composed of NRC staff and Agreement State staff. A questionnaire is utilized by IMPEP review teams to gather information about the RCP to assist the IMPEP team in conducting the evaluation of the adequacy of the State's program to protect public health and safety and in determining the compatibility of the program with NRC's regulatory program (Attachment 2). The IMPEP questionnaire also includes a request for material to be available for the onsite portion of the IMPEP review. The Agreement States requested t%t such a list be developed to facilitate the IMPEP review.

The questionnaire requests information about the following RCP performance indicators:

a.

Status of the MaterialInspection Program b.

Yechnical Quality of Inspections c.

Technical Staffing and Training d.

Technical Quality of Licensing e.

Response to Incidents and Allegatioqs f.

Legislation c'd Program Elements Required for Compatibility g.

Sealed Source and Device Evaluatico Program h.

Low-Level Radioactive Waste Disposal Program 1.

Uranium Recovery Program A.

JUSTIFICATION 1.

Need for and Practical Utility of the Collection of Information.

Section 274 of the AEA permits the NRC to relinquish portions of its regulatory authority to States. The mechanism int this transfer of cuthority is a forma! Agreement betwc..i the Governor cf the State and the NRC. The AEA requires the NRC to perform puriodic reviews of each Agreement State to ensure that its RCP remains adequate and compatible with requirements of the Act.

The information covered by this request is required by the NRC in order to evaluate:

(1) the adequacy of a State's RCP to protect public health and safety, and (2) the compatibility of a State's RCP with the NRC's program.

i 2.

Aaency Use of the Informat.gn, As required by the AEA, information received from States under this program assists the NRC in determining: (1) the adequacy of a State's RCP to protect public health and safety, and (2) the compatibility of a State's RCP with the NRC's program.

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3.

Egdyction of Burden Throuch Information Technoloov.

Each Agreement State is provided with a questionnaire on a computer diskette This results in a significant decrease in clerical and reproduction costs.

4.

Effort to identify Duolication and S;milar Use information.

The '.iformation Requirements Control Automated System (IRCAS) was searched for any agency duplication. None was found. This information collection is unique to each Agreement State, and no similar information exists.

5.

Effort to Reduce Small Business Burden.

None of the State agencies affected qualify as small business enterprises or entities.

6.

Conseauences to Federal Prooram or Policy Activities if the Collection is Not Conducted or is Conducted Less Frecuentiv.

Collection of information less frequenti than in association with periodic IMPEP reviews

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of Agreement State programs, which are currently conducted no less frequently than every four years, would significantly reduce the efficiency and effectiveness of those reviews. Gathering information at the time of the review assures that the determination of the adequacy of the protection of public health and safety and the ccmpatibility of an Agreement State program with NRC programs are based on current information.

7.

Circumstances Which Justifv Variation From OMB Guidelines.

There is no variation from OMB guidelines.

8.

Consultation Outside the NRC.

The IMPEP questionnaire is an updated subset of the previously-approved questionnaire used to review existing Agreement State programs (reduction from 85 to 35 questions),

which was developed in consultation with the Agreement States in 1992. The questionnaire was evaluated during the interim implementation of IMPEP conducted in FY 96 and 97. Comments received during the interim implementation have been reflected in the updated questionnaire. The former comprehensive questionnaire has been eliminated. Further, an opportunity to comment on the requirements of this information collection was published in the Federal Reaister on December 12,1997 (62 FR 65447). No comments were received.

9.

Payment or Gift to Resoondents.

Not applicable.

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4 10.

Confidentiality of the information.

Proprietary information would be handled with confidentiality. All other information would be made part of the public record.

11.

Justification for Sensitive Qucations.

The NRC does not require the State to submit ere sensitive information.

12.

Estimated Burden rnd Burden Hour Cost.

i Questionna re The former comprehensive questionnaire has been eliminated. Approximately eight of the existing Agreement State programs are requested to respond to an iMPEP questionnaire annually. They expend an average of 45 hours5.208333e-4 days <br />0.0125 hours <br />7.440476e-5 weeks <br />1.71225e-5 months <br /> per Agreement state program, or a total of 360 hours0.00417 days <br />0.1 hours <br />5.952381e-4 weeks <br />1.3698e-4 months <br /> annually. This burden does not include the burden to Agreement State licensees, which is included in OMB clearances for each 10 CFR Part.

Policy Statement and Maintenance of Procram it is estimated that the 30 Agreement States expend a total of approximately 18,300 staff hours annually to maintain all activities associated with their programs (30 x 18,300 hours0.00347 days <br />0.0833 hours <br />4.960317e-4 weeks <br />1.1415e-4 months <br /> = 549,000). Of this, it is further estimated that approximately 40% of that time is expended on program maintenance, or a total of 219,600 hours0.00694 days <br />0.167 hours <br />9.920635e-4 weeks <br />2.283e-4 months <br /> is spent on paperwork burden. The maintenance of the program includes status of the inspection program, technical quality of inspections, training and staffing, technical quality of the inspection program, regulations, anneal meetings between IMPEP reviews and continuing efforts to maintain compatibility. The paperwork burden associated with maintenance of the program includes such things as documentation of issuance of licenses, preparation of inspection reports and correspondence, preparation of regulations, documentation of training of Agreement State staff, preparation and documentation of procedures to implement the Agreement State program and general responses to the public.

Agreement State sieff team members participate in 8 IMPEP Agreement State reviews per year and two NRC Regional reviews for a total of 1800 staff hours per year effort. It is estimated that 20% of this is spent on the paper work burden, or a total of 360 hours0.00417 days <br />0.1 hours <br />5.952381e-4 weeks <br />1.3698e-4 months <br /> per year (.20 x 1800 staff hours).

It is estimated that a State seeking an Agreement expends approximately 3,600 hours0.00694 days <br />0.167 hours <br />9.920635e-4 weeks <br />2.283e-4 months <br /> annually over a tnree-year period preparing a proposal for a new Agreement.

The table below indicates the estimated annual burden for the paperwork requirements required by the policy.,tatement for new Agreement State programs, participation in the IMPEP program, maintenance of the existing Agreement Stato programs and the IMPEP questionnaire.

5 ITEMS NUMBER AVERAGE BURDEN TOTAL ANNUAL BURDEN New A/S Programs 1 every 3 years 10,800 hours0.00926 days <br />0.222 hours <br />0.00132 weeks <br />3.044e-4 months <br /> (for a 3,600 hours0.00694 days <br />0.167 hours <br />9.920635e-4 weeks <br />2.283e-4 months <br /> three year period)

IMPEP Participation 10 36 hours4.166667e-4 days <br />0.01 hours <br />5.952381e-5 weeks <br />1.3698e-5 months <br /> 360 hours Maintenance of 30 7,320 hours0.0037 days <br />0.0889 hours <br />5.291005e-4 weeks <br />1.2176e-4 months <br /> 219,600 hours0.00694 days <br />0.167 hours <br />9.920635e-4 weeks <br />2.283e-4 months <br /> existing A/S programs Questionnaire 8

45 hours5.208333e-4 days <br />0.0125 hours <br />7.440476e-5 weeks <br />1.71225e-5 months <br /> 360 hours Total Agreement State Burden = 223,920 hours0.0106 days <br />0.256 hours <br />0.00152 weeks <br />3.5006e-4 months <br /> 13.

Estimate of Other Additional Costs.

None.

14.

Estimated Annualized Cost to the Federal Government.

NRC expends about 2800 professional staff hours annually evaluating review information of established Agreement State programs in support of the IMPEP review program. Staff experience also indicates approximately 280 hours0.00324 days <br />0.0778 hours <br />4.62963e-4 weeks <br />1.0654e-4 months <br /> of clerical time is also expended annually. Based upon current estimates, using rates of $125/ hour and $45/ hour respectively, the annual cost to the Govemment is approximatelf $362,600.

NRC expends about 2,700 professional staff hours annually evaluating information submitted by established Agreement State programs in maintenance of their program.

Staff experience also indicates approximately 270 hours0.00313 days <br />0.075 hours <br />4.464286e-4 weeks <br />1.02735e-4 months <br /> of clerical time is also expended annually. Based upon current estimates, using rates of $125/ hour and $45/ hour respectWely, the annual cost to the Government is approximately $349,650. (Note: This burden was inadvertently omitted from the previous estimate. It is being included to more accurately reflect the overall estimated burden to the federal govemment).

NRC expends about 1080 professional staff hours annually evaluating proposal information from a new applicant under consideration to become an Agreement State.

This assumption is based on ihe receipt of a new proposal approximately every three years. Staff experience indicates approximately 50 hours5.787037e-4 days <br />0.0139 hours <br />8.267196e-5 weeks <br />1.9025e-5 months <br /> of clerical time is also expended annually. Based upon the above noted rates, the annual cost to Government is approximately $137,250.

Therefore, the total annual cost to the Federal Government to review new and existing Agreement State programs is approximately $849,500.

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15.

Reasons for Chanae in Burden.

There has been an overall average burden increase from 215,280 hours0.00324 days <br />0.0778 hours <br />4.62963e-4 weeks <br />1.0654e-4 months <br /> to 223,920 hours0.0106 days <br />0.256 hours <br />0.00152 weeks <br />3.5006e-4 months <br /> annually based on the increase of the number of Agreement State programs from 29 to

30. [ Note: The 223,920 figure takes into account the fact that Massachusetts, the 30th Agreement State, has a la ge program and, therefore, a greater than average number of staff (11) devoted to their Agreement State program). The 360 hour0.00417 days <br />0.1 hours <br />5.952381e-4 weeks <br />1.3698e-4 months <br /> burden for Agreement State participation in the IMPEP reviews is a new burden on the Agreement States and was not included in the previous burden estimate. There has been a reduction in the burden for the questionnaire from 1,073 hours8.449074e-4 days <br />0.0203 hours <br />1.207011e-4 weeks <br />2.77765e-5 months <br /> to 360 hours0.00417 days <br />0.1 hours <br />5.952381e-4 weeks <br />1.3698e-4 months <br /> annually.

This reduction is oue to the elimination of the previous comprehensive questionnaire and revision and focus of the questionnaire for the new performance based revmws conducted under IMPEP.

With the implementation of the final policy statements," Statement of Principles and Policy for the Agreement State Program" and " Policy Statement on the Adequacy and Compatibility of Agreement State Programs," dated September 3,1997 (62 FR 46517),

rescission of the May 28,1992, General Statement of Policy," Guidelines for NRC Review of Agreement State Radiation Control Programs,1992," and implementation of the performance-based IMPEP reviews, there has been a reduction in the number of Agreement State reviews conducted annually from 17 to 8.

The total cost to the govemment has been increased from $423,899 to $849,500. This increase reflects a burden that was inach ertenUy omitted from the previous estimate. It has been included to more accurately reflect the overall estimated burden to the federal govemment.

16.

Publication for Statistical Use, There is no application of :tatistics in the information collection. There is no publice"on of this information.

17.

Reason for Not Displayina the Expiration Date.

It is impractical to put the expiration date in the Policy Statement for " Criteria for Guidance of States and NRC in Discontinuance of NRC Regulatory Authority and Assumption Thereof By States Though Agreement." Doing so would require republishing the policy statement every time a renewal of the information collection requirements was approved by OMB.

18.

Exceptions to the Certification Statement.

Not applicable.

B.

COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS Statistical methods are not used in this collection of information.

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