ML20203F408

Forwards, Integrated Matls Performance Evaluation Program Questionnaire, for Program Review on 980420-24

ML20203F408
Person / Time
Issue date:	02/12/1998
From:	Sollenberger D NRC OFFICE OF STATE PROGRAMS (OSP)
To:	Merges P NEW YORK, STATE OF
References
NUDOCS 9802270296
Download: ML20203F408 (12)

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UNITED STATES

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NUCLEAR REGULATORY _ COMMIS810N j

9 WASHINGTON, D.C. Sete64001 k

February 12, 1998 Paul J. Merges, Ph.D.

Chief.

i Bureau of Pesticides and Radiation Division of Solid & Hazardous Materials

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New York State Department of l:

Environmental Conservation 50 Wolf Road, Room 402

Albany, NY 12233-7255 i

Dear Dr. Merges:

As you are aware, NRC is using the Integrated Materials Performance Evaluation Program (IMPEP) for the evaluation of Agreement State Programs. Per our discussion, I will be the team leader for the IMPEP review of all four New York programs that make up the Agreement State program for the State of New York. The New York State Department of Environmental

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Conservation, Bureau of Pesticides and Radiation, program review is scheduled for April 20 - 24,1998. The team includes: Duncan White, Regional State Agreements _ Officer, 4

i-NRC Region 1; and Allen Growe, Manager, Memphis Area Office, State of Tennessee.

Enclosed is the document, " Integrated Materials Performance Evaluation Program Questionnaire." TN cuestionnaire is being fumished to you on a computer disk in Wordperfect 6.1 format as well s? e,*nted form. I ask that you send your responses by Intemet (DMS4@NRC. GOV) v c./.:.in the disk to me by March 23,1998. I am sending the document and disk in advance of the IMPEP review in order to provide time for you to allocate the staff i

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 t

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.

I request that you set up an appointment with the appropriate management official to discuss j

. the results of the IMPEP review of the New York State Department of Environmental j

Conservation, Bureau of Pesticides and Radiation, on April 24.1998. A separate meeting with L

senior managers from all four New York programs to discuss the findings for the State will be

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r Dr. Paul J. Merges FEB 121998 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, Si

rely,

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&s5 3k}1lNe i '~

ennis M. Sol nberger, Team Leader Office of State Programs

Enclosures:

As stated cc w/o encls: John P. Cahill, Commissioner of Environmental Conservation John P. Spath, NYSERDA l

i Dr. Paul J. Merges FEB 121938 scheduled approximately two weeks following the last program review. According to the current i

schedule, this meeting would be in early May 1998, if you have questions, please call me at (301) 415-2819 Sincerely, ORIGINAL SIGNED BY:

{AULH.LOHAUS j

ennis M. So,ienberger, Team Leader

)

Office of State Programs

Enclosures:

As stated cc w/o encis: John P. Cahill, Commissioner of Environmental Conservation John P. Spath, NYSERDA 1

iPDR-(YES)/)YM I$kOI

• Distribution:

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NAME DSollenberber:kk PHLohaus RLBangart' 7))-

DATE 02/0/98 02////98 02/)//98 l

OSP FILE CODE-MG40-4/

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Approved by OMB' No. 3150-0183 Expires 4/30/98 INTEGRATED MATERIALS PEF 70RMANCE 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 insoection 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 L[censee Name (Years)

Que Date Months O/D 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 questionnab.

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 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. Nuclear 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.

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 perforrning 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 YR 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:

Insoector Suoervisor License Cal Dale 2

1 L

g.

Describe intomal 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 en update on your instrumentation and methods of calibration. Are all instruments properly calibrated at the present time?

lil.

Technical Staffina 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 i

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:

MIE 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 wl',o 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 eachl list the courses or equivalent training / experience they need to attend and a tentative schedule for completion of these requirements.

14.

Please 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.

Technical Quality of Licensino Actions 16.

Please identify any major, unusual, or complex licenses which were issued, F

received a major amendment, were terminated, decommissioned, submitted a i

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

17.

Discuss any variances in licensing po0cies 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 memoranda, 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 nne year or more.

V.

Responses to incidents and Allegations.

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 submittels 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 MCENSE #

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 wher were other State /NRC licensees who might be affected notified? For States, was timely notification made to NRC7 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 rev;ewed 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.

4 W

W

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 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 examples of successes, problems or difficulties which occurred during this review period.

B. NON COMMON PERFORMANCE INDICATORS 1.

Legislatios and Proaram Elements Reauired for Comoatibility

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, id!tntify the regulations that the State has adopted through legally binding requirements other than regulations.

30. If you have not adopted all amendments within three yeaia 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 normallength of time anticipated to complete each step.

II.

Sealed Source and Device Proaram

31. Prepare a table listing new and revised SS&D registrations of sealed sources and devices 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 issued 32.

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.lli.11-15 Technical Quality of Licensing Actions - A.IV.16-18 Responses to incidents and Allegat;ons - A.V.20-23 5

l

lli.

Low Level Waste Prooram 34.

Please ir.clude 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 Procram 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.I.1-3, 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 6

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I TABLE FOR QUESTION 29.

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l DATE DATE i

10 CFR 3ULE DUF ADOPTED CURRENT EXPECTED l

STATUS ADOPTION l

Any amendment due pnor to 1991. Idenedy j-each seguiseson (seder to the Chronology of f

Asumndsnenes) r_

yyyg, i

Pasts 30.40,70 l

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r - ga,~_.

4/7/93

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Parts 30. 40. 70

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j Standants for Psotocsion Agamet Radinhon.

1/1/94 i

Past 20 i

{

Salmly Requsesments for P% 4:

1/1044 Equipsnent Past 34 Noodcahon ofinadents.

10/1544 i

i Parts 20. 30,31. 34. 30. 40. 70 i

l Quelay RAanagement Prograsm and 1/27/95

%: Past 35 1

l Lscenesng and Radishon Safety Requsements 711/9 6 i.

for Imadiators: Past 36 I

l Donaton of Land rug-a 7/22/96 4;

anG Vidasse Site QA Prograsn; Past 61 1.j.

C---

.. Reconsmopsng Docu-10/25#96 i

snentshon Adithons: Parts 30. 40,70 SelH3uaranese as an Adskonal Finenaal 112a#97 teachemem: Pans 30. 40. 70 k

Uranum nem Tadngs-Condonung to EPA 7/187 Stenderk Part 40 Tensimens in C =-

8/1547 Pans 30,40. 70

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Pseparabon, Transfer for Commeraal Dis-1/1/98 i

antamon, and une of eypsoduct nessenes sor j.

tendical Use: Pans 30 32,35

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r OR i.

.DATE DATE i

10 CFR RULE DUE ADOPTED CURRENT EXPECTED-i STATUS ADOPTION -

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Fsequency of Medical Exammatons for Use of 3/13f98

. " -, - -, Psosacean Equgwnent t

Low-LeuelWeste Shusient Mandset 1"t/98 l

Sndonneton and.", - 1_

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i Postwenance Requussnents for Radography 600f98 Eqmpnient i

Raemon PenanreasiRarra=======a= Assiended 8/14/98 i

Detmeans and Catone i

Clantceton of C---

- -; Fundute 11/24/98 1

l 10 CFR Post 71: ca rath=dy gudh the 4/1/99 hw=tal Atomic Eneqw Agency Meecal Adsusmetrabon of Radeben and 10/20f98 j

Ph Magensis.

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Tennuishon or Tsansfer of Lacensed Acannhos.

6/16799 1

R-l Resoluton of Duel Regui shon of Astorne 119dOO i

i Emuents of P-Matanels, Clean Air Ace J

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Fissile Masenal Shysnores and F -,==

2/1000 i

Recogneon of ^; _ -- J Seses Laconses in 2/27J00 1-Asees LDider Eartueese Fedosal Junsecton i

j-Wensi on ?;-- - - - : Sense i

l Csteste for Sie Roless ofineinduals N

Adnenmessed Raeonese Motonal 4

j Laconess for indusanal Ramography and 6/27J00 Rademon _W Requei.snents for industmal j'

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^ u Final Rule i

-2 Cnenne for tacense Tensunemon 8/2000

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1 MATERIALS-REQUESTED TO BE AVAILABLE FOR

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THE ONSITE PORTION OF AN IMPEP REVIEW i

ORGANIZATION CHARTG Clean, sized 8% X 11" including names and positions o. One showing positione from Govemor down to Radiation Control Program Director (RCPD) o One showing positions of current radiation control program with RCPD as Head 0 Equivalent charts for LLRW and mills programs, if applicable LICENSE LISTS o 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 j

o _ List of open license cases, with date of original request, and dates of follow up actions o List of licenses terminated during review period.

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a Copy of currant log or other document used to track licensing actions o Copy of current log or other document used to track inspections a List of Inspection frequency by licents 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 5

o 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 a Enforcement procedures, including licenses, review guides procedures for escalated enforcement,

c. SS&D review procedures -

severity levels, civil penalties (as applicable) o - Instrument calibration records a Copies of job descriptions o - Inspection procedures and guides =

o _ inspection report formsi

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