ML20203F121

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Forwards Integrated Matls Performance Evaluation Program Questionnaire, for Use in Evaluation of Agreement State Programs.Response Requested by Disk or Internet by 980306
ML20203F121
Person / Time
Issue date: 02/06/1998
From: Sollenberger D
NRC OFFICE OF STATE PROGRAMS (OSP)
To: Rimawi K
NEW YORK, STATE OF
References
NUDOCS 9802270209
Download: ML20203F121 (12)


Text

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gy UNITED STATES

, .* NUCLEAR REGULATORY COMMIS8 ION WASHINGTON, D.C. 300eH001

- February 6,1998 5

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Karim Rimawi, Ph.D., Director i Bureau of Environmental Radiation Protection
New York State Department of Health Two University Place, Room 375 Albany, NY 12203

Dear Dr. Rimawi:

. As you are aware, NRC is using the Integrated Materials Performance Evaluation Program (IMPEP) for the evaluttion of Agreement State Programs. Per our discussion, I will be the team leader for the IMPEP review of all foor New York programs that make up the Agreement State program for the State of New York. The New York State Department of Health, Bureau of l Environmental Radiation Protection, program review is scheduled for March 30 - April 3,1998.

! The team includes: Duncan White, Regional State Agreements Officer, NRC Region 1; Jacqueline Cook, License Reviewer, Region IV; and Lee Cox, inspector, State of North Carolina.

, Enclosed is the document, " Integrated Materials Performance Evaluation Program -

t Questionnaire." The questionnaire is being fumished to you on a computer disk in Wordperfect 6.1 format as well as in printed form. I ask that you send your resporises by Intemet (DMS4@NRC. GOV) or retum the disk to me by March 6,1998. I am sending the document and disk in advance of the IMPEP review in order to provide time for you to allocate the staff -

. resources necessary to complete and submit the document by the due date.

Part A of the questionnaire contains questions on the common performance indicators. Part B contains questions on the non-common performance indicators for Agreement States. Also .

L included with the questionnaire is the' document, " Materials Requested to Be Available for the Onsite Portion of an IMPEP Review." We encourage States to have the items listed prepared prior to the IMPEP team's arrival.

l i request that you set up an appointment with the appropriate management official to discuss 4

the results of the IMPEP review of the New York State Department of Health, Bureau of

- Environmental Radiation Protection, on April 3,1998. A separate meeting with senior

managers from all four New York programs to discuss the findings for the State will be
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Karim Rimawl, Ph.D. scheduled approximately two weeks following the last program review. According to the current schedule, this meeting would be in early May 1998.

If you have questions, please call me at (301) 415-2819.

Sincerely, Y (

W ')%C Dennis M. Sollenberger, Team Leader Office of State Programs

Enclosures:

As stated cc w/o encls: Barbara A. DeBuono, M.D., M.P.H Commissioner of Health Jack P. Spath, NYSERDA

f 5- e, .

Karim Rimawl, Ph.D. FEB 0 6 WJ8' scheduled approximately two weeks following the last program review. According to the current schedule, this meeting would be in early May 1998.

If you have questions, please call me at (301) 415-2819.

Sincerely, OriginalSigned By:

PAULH.LOHAUS Dennis M. Sollenberger, Team Leader Office of State Programs

Enclosures:

As stated cc w/o encis: Barbara A. DeBuono, M.D., M.P.H, Commissioner of Health Jack P. Spath, NYSERDA Distribution:

DIR RF DCD (SP01) POR (YES)

SDroggitis DWhite, RI KSchneider JCook, RIV LRakovan LCox, NC New York State Health File TO'Brien, ASPO DOCUMENT NAME: : ,DMS\NYlMPE Y HLTR.DMS To receive a cop i of this doqu mt ideste in ttw box: "C' C3 ithout attschment/ enclosure T e40er with attachment / enclosure *N" = No copy OFFICE $$N% .

C$f% @ OSP:Dy7<

NAME DSollenberger:kk" PHLohaus @ RLBangart' ' '"

DATE 02M/98 02/hi/98 02(6/98 OSP FILE CODE: SP-AG-20-2

Approved by OMB' No. 3150-0183 Expires 4/30/98 -

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

A. COMMON PERFORMANCE INDICATORS

1. Status of Materials insoection Prooram
1. Please prepare a table identifying the licenses with inspections ths; are overdue by more than 25% of the scheduled frequency set out in NRC Inspection Manual Chapter 2800.' The list should include initial inspecuons that are overdue.

Insp. Frequency Licensee Name (Years) Due Date Months O/D j

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. 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.

1 Estimated burden per response to comply with this voluntary collecton 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 ' id 9ecords Management Branch (T-6 F33), U.S. Nuclear Regulatory Commission, s a ' JJon, 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.

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

Number of Licensees Granted Reciprocity Number of Licensees Priority Permits Each Year inspected Each Year Service Licensees performing 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 (R 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 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.

II. 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:

InspectgI Suoervisor License Cat. Qalt 2

9. 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 on your instrumentation and methods of calibration. Are all instruments properly calibrated at the present time?

lil. Technical Staffino and Training

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 l 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; NAME POSITION AREA OF EFFORT FTE%

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 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 requirements for materials license reviewers and inspectors). For each, list the courses or equivalent training / experience they ne,cd to attend and a tentative schedule fo completion of these requirements.
14. Please identify the technical staff who left the RCP/ Regional DNMS program during this period.

__ 11 5 . 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. Technical Quality of Licensina Actions

16. Please identify any major, unusual, or complex licenses which were issued, received a major amendment, were terminated, decommissioned, submitted a 3

bankruptcy notification or renewed in this period. Also identify any new or amended licenses that now require emergency plans.

17. Discuss any variances in licensing policies and procedures or exemptions from the regulations granted during the review peiiost.
18. What, if any, changes were made in your wrihcMicansing procedures (new procedures, updates, policy memoranda, etc.) during the repoding 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 and Alleaations

20. Please provide 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 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 States, was timely notification made to NRC? For Regions, 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 of possible generic design deficiency? Please provide details for each case.
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 period of this review,
a. For Agreement States, please identify any allegations referred to your program by the NRC that have not been closed.

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-;. . a-VI. General

25. Please prepare a summary of the status of the State's or Region's actions taken in response to the comments and recommendet:oas following the last review.
26. Provide a brief description of your program's strengths and weaknesses. These strengths and weaknesses should be supported by examples of sucerises, problems or difficulties which occurred during this review period.

B. NON-COMMON PERFORMANCE INDICATORS

1. Leala!? tion and Proaram Elements Raauired for Comnatihilifv
27. Please list all currently effective legislation that affects the radiation 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. Identify 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. .

ll. Sealed Source and Device Prooram

31. Prepare a table listing new and revised SS&D registrations of sealed sources and devices issued r.;uring the review period.. The table heading should be:

i.

l SS&D Manufacturer, Type of Registry Distributor or Device Date

Number Custom User gijggtra _ lasued l

l _ _

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

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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.lli.11-15 Technical Quality of Licensing Actions - A.IV.16-18 Responses to Incidents and Allegations - AN 20-23 5

lli. Low-Level Waste Prooram

34. Please include information on the following questions in Section A, as they apply to the Low levelWaste Program:

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 Technical Quality of Licensing Actions - A.IV,16-18 Responses to incidents and Allegations A.V.20-23 IV. Uranium Mill Proaram

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

Status of Materials inspection Program - A.l.13, A.I.6 Technical Quality of Inspections - A.ll.7-10 Technical Staffing and Training - A.lli.11-15 Technical Quality of Licensing Actions - A.IV,16-18 Responses to Incidents and Allegations - A.V.20-23 l

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1 TABLE FOR QUESTION 29. i OR DATE DATE i 10 CFR RULE DUE ADOPTED CURRENT EXPECTED l l

STATUS ADOPTION l

I Any amendment due prior to 1991. Identify each regulation (refer to the Chronology of Amendments)

Decommissioning; 7/27/91 Parts 30,40. 70 Emercency Planning; 4/7/93 Parts 30. 40. 70 Standards for Protection Against Radiation; 1/1/94 Part 20 Safety Requirements for RadioySJc 1/10/94 Equipment; Part 34 Notification of Inadents; 10/15/94 Parts 20. 30. 31, 34,39, 40, 70 Quatrty Management Program and 1/27/95 Misadministrations: Part 35 Licensing and Radiation Safety Requirements 7/1/96 for Irradiators: Part 36 Definition of Land Desposal 7/22/96 and Waste Site OA Program; Par 161 Decommissioning Pecordkeepmg Docu- 10/25/96 mentation Additions; Parts 30. 40. 70 Self-Guarantee as an Additional Financial 1/28/97 Mechanism; Parts 30,40. 70 Uranium Mill Tailings: Conforming to EPA 7/1/97 Standards; Part 40 Timeliness in Decommissioning 8/15/97 Parts 30. 40. 70 Preparation. Transfer for Commercial Dis- 1/1/98 tnbution, and Use of Byproduct Material for Medical Use; Parts 30,32,35 7

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OR DATE DATE **

10 CFR RULE DUE ADOPTED CURRENT EXPECTED l STATUS ADOPTION l Frequency of Medical Examinatens for Use of 3/13/98 Resperatory Protechon Equipment l Low-Level Waste Stupmer't Marufest 3/1/98 l Informaton and Reporting Performance Requirements for Radiography 6/30/98 Equipment Radiation Protecten Requirements: Amended 8/14/98 Definitions and Criteria Clanficaton of Dwwna.esioning Fundmg 11/24/98 Requirements 10 CFR Part 71: Compabb;!ity with the 4/1/99 Int 6nai;wJ Atomic Energy Agency Medical Administration of Radiation and 10/20/98 Radioactive Materials.

Termination or Transfer of Licensed Actrvibes 6/16/99 Recordkeeping Requirements.

Resolution of Dual Regulation of Aarbome 1/9/00 Effluents of Radioactrve Materials; Clean Air Act Fissile Material Stupments and Exemphons 2/10/00 Recogniton of Agreement State Licenses in 2/27/00 )

Areas Under Exclusive Federal Jurisdicten Withm an Agreement State Criteria for the Release of Individuals 5/29/00 Administered Radioactive Material Licenses for Industrial Radiography and 6/27/00 Radiation Safety Requirements for Industrial Radiography Opershons: Final Rule Radiological Criteria for License Termmahon 8/20/00 8

L_________.

i t MATERIALS REQUESTED TO BE AVAILABLE FOR -

THE ONSITE PORTION OF AN IMPEP REVIEW ORGANIZATION CHARTS Clean, sized 8% X 11" including names and positions a One showing positions from Governor down to Radiation Control Program Director (RCPD) o One showing positions of current radiation control program with RCPD as Head o 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 possible)

THE FOLLOWING LISTS a List of open license cases, with date of original request, and dates of follow up actions a List of licenses terminated during review period.

O Copy of current log or other document used to track licensing actions a Copy of current log or other document used to track inspections o List of Inspection frequency by license type o Listing or log of all incidents and allegations occurring during the review period. Show whether incident is open or closed and whether it was reported to the NRC THE FOLLOWING DOCUMENTS o All State regulations a Records of results of supervisory a Statutes affecting the regulatory authority of accompaniments of inspectors the state program o Emergency plan and communications list a Standard license conditions a Procedures for investigating allegations o Technical procedures for licensing, model o - Enforcement procedures, including licenses, review guides procedures for escalated enforcement, a SS&D review procedures severity levels, civil penalties (as applicable) o Instrurnent calibration records a Copies of job descriptions o inspection procedures and guides o inspection report forms 9