ML20238F442

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Expresses Appreciation for to Chairman Jackson Transmitting Info Re Recent Incident Involving Loss of Control of Generally Licensed Device.Nrc Shares Recipient Concerns W/Improving Control of Devices
ML20238F442
Person / Time
Issue date: 07/30/1998
From: Knapp M
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To: Lipoti J
NEW JERSEY, STATE OF
Shared Package
ML20238F427 List:
References
NUDOCS 9809030366
Download: ML20238F442 (4)


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NUCLEAR REGULATORY COMMISSION f

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July 30, 1998 Jill Lipoti, Ph. D., Assistant Director Division of Environmental Safety, Health and Analytical Programs Radation Protection Programs l

Department of Environmental Protection State of New Jersey P.O. Box 415 Trenton, NJ 08625-0415

Dear Dr. Lipoti:

Thank you for your letter of July 16,1998, to Chairman Jackson transmitting !arormation conceming a recent incident involving the loss of control of a generally licensed device. We share your concern with improving the control of these devices and are making efforts to do so consistent with the staff requirements memorandum to which you refer. We currently expect to transmit the first proposed rule to establish the regulatory basis for initiating a registration program to the Commission next month, as directed by that memorandum. This rule should be pub;ished for comment this fall. The initiation of the registration process will also depend on the development of an automated registration system. Resources have been assigned to the development of the two planned rules and the automated registration system.

Work on a second, more cor.,prehensive rule is proceeding on a fast-track schedule. This rule will address other aspects of the NRC-Agreement State Working Group recommendations, in particular, revisions to reporting, recordkeeping, and labeling requirements for vendors and fees for registration of generally licensed devices, as well as some additional issues identified by my staff. It will also establish the level of compatibility for Agreement State regulations with regard l

to the additional requirements in this area. The milestones for completion of this rulemaking will l

be provided to the Commission with the first proposed rule. NRC has established a working l

group to develop this proposed rule. We have requested State participation on the working group from the Organization of Agreement States. At this time, no Agreement State representative has been identified. We believe that State participation in the working group would greatly facilitate the interaction with the Agreement States, if you would like to participate in this effort, your assistance would be greatly appreciated.

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l Please contact Patricia Holahan of my staff at (301) 415-8125, if you have questions on these rulemakings or would be interested in providing assistance in this effort.

Sincerely, Malcolm R. Knap,

g Director Office of Nuclear Material Safety and Safeguards cc: Roland Fletcher, OAS i

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. OFFICE OF THE GOVERNOR CN-001 TRENTON NJ 0862s-0001 CHRISTINE Topo WHITMAN

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July 28,1998 l i M 56 10: 35 The Honorable Shirley Jackson, Chairman -

Nuclear Regulatory Commission One White Flint North Building.

I i1555 Rockville Pike Washington, D.C. 20555

Dear Chairman Jackson:

l I understand that the Nuclear Regulatory Commission is drafting a proposed regulation for generally licensed devices containing radioactive material so that licensees are better informed of their responsibility to properly handle and dispose of the devices.

The purpose of this letter is to convey New Jersey's support for such an effort, and to

- further request that you consider effective regulatory action for radioactive exit signs, as

. well. These signs constitute about 71% of the devices used under a general license nationally. We estimate that about 55,000 are located in our state, and are concemed about their improper handling and disposal.

Regarding generally licensed devices, New Jersey has responded to about 170 incidents since 1995 where radioactive material was found in scrap metal or in trash. All

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- calls have required the state to respond to separate the radioactive materials from the rest H

of the waste, to attempt to find the responsible party, and to advise the new " owner" of the material about options for proper disposal. A simple, effective regulatory process could better prevent the radioactive material from entering the environment in the first u

place, and cut "after the fact" response costs at the state and local level.

New Jersey has had two incidents where children were contaminated with tritium from radioactive exit signs due to inappropriate use and disposal; fortunately, due to the state's quick response, serious health consequences were averted. As follow-up, we have i

issued instructions for proper handling to all fire and police departments, as well as

- building code enforcement officials in the state.

New Jersey Is An Equal Opportunity Ernployer

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r As you anticipate regulatory action at the federal level, I urge you to work with state and local officials as well as manufacturers and users of these devices, to develop a simple, cost effective program that protects the public from unnecessary radiation exposure. Please contact Commissioner Robert C. Shinn, Jr. of the New Jersey Department of Environmental Protection (609) 292-2885 should you have any questions about New Jersey's actions to date.

Thank you for your consideration of this important environmental and public health issue.

Sincerely, k

Christine Todd Whitman L-i l

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PROPOSED REGULATION FOR GENERALLY LICENSED' DEVICES Callan CONTAINING RADIOACTIVE MATERIAL-Travers

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ACTION OFFICE:

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GOV. CHRISTINE WHITMAN AFFILIATION:

NEW JERSEY ADDRESSEE:

CHAIRMAN JACKSON LETTER DATE:

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SUBJECT:

PROPOSED REGULALTION FOR GENERALLY LICENSED DEVICES CONTAIIG N3 RADIOACTIVE MATERIAL ACTION:

Signature of Chairman DISTRIBUTION:

CHAIRMAN, RF SPECIAL HANDLING: SECY TO ACK CONSTITUENT:

NOTES:

OCM #14378 DATE DUE:

.Aug 19 98 SIGNATURE:

DATE SIGNED:

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LEC'D IJY SECY July 28,1998 5 Mi 56 10: 33 The Honorable Shirley Jackson, Chairman Nuclear Regulatory Commission One White Flint North Building 11555 Rockville Pike Washington, D.C. 20555

Dear Chairman Jackson:

I understand that the Nuclear Regulatory Commission is drafting a proposed regulation for generally licensed devices containing radioactive material so that licensees are better informed of their responsibility to properly handle and dispose of the devices.

The purpose of this letter is to convey New Jersey's support for such an effort, and to funher request that you consider effective regulatory action for radioactive exit signs, as well. These signs constitute about 71% of the devices used under a general license nationally. We estimate that about 55,000 are located in our state, and are concerned about their improper handling and disposal.

Regarding generally licensed devices, New Jersey has responded to about 170 incidents since 1995 where radioactive material was found in scrap metal or in trash. All calls have required the state to respond to separate the radioactive materials from the rest of the waste, to attempt to find the responsible party, and to advise the new " owner" of the material about options for proper disposal. A simple, effective regulatory process could better prevent the radioactive material from entering the environment in the first place, and cut "after the fact" response costs at the state and local level.

New Jersey has had two incidents where children were contaminated with tritium from radioactive exit signs due to inappropriate use and disposal; fortunately, due to the l

state's quick response, serious health consequences were averted. As follow-up, we have issued instructions for proper handling to all fire and police departments, as well as building code enforcement officials in the state.

New lersey is An Equal opportunity Employer. Printed on Recycled and Recyclable rarer

As you anticipate regulatory action at the federal level, I urge you to work with state and local officials as well as mamtacturers and users of these devices, to develop a simple, cost effective program that protects the public from unnecessary radiation exposure. Please contact Commissioner Robert C. Shinn, Jr. of the New Jersey Department of Environmental Protection (609) 292-2885 should you have any questions about New Jersey's actions to date.

Thank you for your consideration of this important environmental and public health issue.

Sincerely, k

Christine Todd Whitman l

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