ML20275A019
| ML20275A019 | |
| Person / Time | |
|---|---|
| Issue date: | 10/01/2020 |
| From: | NRC/SECY |
| To: | |
| Shared Package | |
| ML20253A234 | List: |
| References | |
| M201008 | |
| Download: ML20275A019 (38) | |
Text
Organization of Agreement States (OAS) & Conference of Radiation Control Program Directors (CRCPD)
Board Brief to NRC Commissioners OAS CRCPD D AV I D C R OW L E Y ( N C ) , C H A I R KIM STEVES (KS), CHAIR T E R R Y D E RS T I N E ( PA ) , PA S T C H A I R JEFF SEMANCIK (CT), PAST CHAIR AU G G I E O N G ( N H ) , C H A I R E L EC T ANGELA LEEK (IA), CHAIR ELECT RUTH MCBURNEY, EXECUTIVE DIRECTOR
Comparison of Our Two Organizations DISCUSSION TOPICS Auggie Ong
- National Materials Program and the Champions
- Importance of NRC Training
- HP Recruitment Kim Steves
- Collaboration Efforts including Addressing Foreign Sourced Americium
DISCUSSION TOPICS David Crowley
- General License Program
- Nuclear Medicine Extravasations
- Training & Experience for Authorized Users Angela Leek
- Very Low Level Radioactive Waste and Greater than Class C Waste
- Opportunities for Transformation with the CRCPD Suggested State Regulations
NMP & the Champions COVID-19 Response AUGGIE ONG (NH)
OAS CHAIR-ELECT
NMP and State COVID-19 Responses As part of the COVID-19 response, the NRC used its existing authority to consider granting relief from specific regulatory commitments through:
Exemptions from regulatory requirements Amendments to license conditions or technical specifications, and Enforcement discretion under certain circumstances.
The NRC issued the following guidance documents outlining the regulatory options to seek regulatory relief that might be necessary during the COVID-19 public health emergency.
NMP and State COVID-19 Responses May 21, 2020, "Enforcement Guidance Memorandum 20-002 - Dispositioning Violations of NRC Requirements Under 10 CFR Parts 30-36, and 39, Resulting from Impacts of the COVID-19 Public Health Emergency (PHE), Where the Licensee Suspended the Use of Licensed Material and Placed Material in Safe Storage (Attachment 2)
May 27, 2020, "Enforcement Guidance Memorandum 20-002, Dispositioning Violations of NRC Requirements for Compliance with Radiological Emergency Response Plans During the COVID-19 Public Health Emergency, Attachment (3)
June 1, 2020, "Inspection Guidance During Transition from Covid-19 Mandatory Telework for the Nuclear Materials and Waste Safety Programs
NMP and State COVID-19 Responses In accordance with the guidance provided by the NRCs NMP, the Organization of Agreement States (OAS) also provided additional assistance to the Agreement States that have a wide array of options within their regulatory authority.
These included statutes, orders, exemptions, journal entries and waivers to deal with the needs of their respective, regulated community and they would use their authority as needed to protect public health and safety.
NMP and State COVID-19 Responses OAS has providing the following guidance for consideration by state programs while formulating their policies, but also to aid licensees in identifying how things are addressed in the various state programs:
Alabama Radiation Protection Guidance for COVID-19 Massachusetts COVID-19 Blanket Extension New Hampshire Guidance and Deferral of Certain Requirements New Jersey Guidance for Radioactive Materials License Holders
NMP and State COVID-19 Responses Continuation:
North Carolina Radiation Protection Guidance COVID-19 Ohio Deferral of Certain Requirements Oklahoma Letter to Licensees Re: COVID-19 Texas Notice to Radioactive Materials Licensees Pennsylvania COVID-19 Emergency Request to Temporarily Suspend Regulatory Requirements.
Tennessee Radiation Protection Guidance for COVID-19 Wyoming COVID-19 Temporary Guidance
Champions-hows it going Duncan White (NRC) and Lee Cox (OAS) as co-champions are both advocates and mediators.
Duncan advocates for the NRC on topics across the National Materials Program (NMP) spectrum.
Lee advocates for the Agreement States.
Duncan and Lee use SA-10 a (Joint Oversight of the NMP) as their guiding document. This document leads both organization representatives to be effective co-regulators across the NMP.
Champions-hows it going While the Co-Champions have strived to enhance the NRC/Agreement State partnership, they have the following objectives:
o Account for individual agency needs and abilities.
o Develop and suggest metrics for tracking NMP performance.
o Promote consensus on regulatory priorities and approaches.
o Promote consistent exchange of information.
o Optimize the resources of the NRC and the Agreement States programs.
They have used the Champions Chat as a way to bring relevant issues to the NMP membership.
CRCPD Response to COVID-19 Pandemic JEFF SEMANCIK (CT)
CRCPD PAST CHAIR
Risk Based Response to COVID-19 Pandemic Board of Directors Passes Resolution on March 26, 2020 Some State Practices and Regulatory Requirements are HIGH risk Significant infectious disease risk Administrative burden on the front-lines personnel Financial Burden on those negatively impacted
Supporting the State RCPs Working Groups: Generic Risk Based Guidance Each state has different authorities, laws and interests, specific executive actions Regulated Community seeking proactive sector-wide action v. specific exemption requests Medical Radioactive Material License Compliance and COVID-19 X-Ray Machine Physicist Surveys Registration and Use of X-Ray Machines in mobile field hospitals, nursing home, etc.
Leveraging Technology Virtual Collaboration Web Access WG guidance Clearinghouse for federal guidance Share best practices Conduit for questions
COVID-19 and REP Response EOCs staffed for COVID-19 response Social Distancing measures to slow spread of COVID-19 and protect vulnerable populations States remain fully capable of responding to radiological/nuclear emergencies Enhanced REP Guidance developed for response during COVID-19 Public Health Emergency 16
Enhanced REP Guidance during COVID-19 Public Health Emergency Protect Responders Modified Radiation Emergency Response staffing Virtual activation Risk Informed Protective Actions PAG Manual (2017) provides guidance for higher PAGs for Special Circumstances (section 2.3.4)
SIP v. Evacuation as Preferential Protective Action Hospitals/nursing homes - preferentially SIP Clarity in Communications In the event of a radiological release, clearly articulate the difference between SIP and stay at home orders
Effective implementation requires socialization and coordination Guidance shared among members Implemented CT and IA Being considered WI, MN and NJ Guidance has been shared with partners Utilities, NEI Local OROs and neighboring states Federal partners FEMA, EPA, CISA, NRC staff FRMAC International partners - Japanese Foreign Ministry Advisory Team on Environment, Food, and Health (A-Team)
Developing checklist guidance
Risk Based Request for REP Public Health Risks of Exercise are HIGH Significant infectious disease risk Significant resource and administrative burdens REP Performance Risk is LOW Recent strong performance Maturity of program Many essential elements being implemented common to pandemic response Appreciate NRC collaboration with CRCPD and consideration of perspectives and challenges OROs are continuing REP training and drills
Ongoing Challenges Regional variations in the public heath emergency and in individual state responses Response to local outbreaks Travel Quarantine requirements Different stages of re-opening Radiation Control Program considerations Orphaned sources/Abandoned Facilities Access to Acute care facilities and other licensees/registrants Addressing exemptions and regulatory discretion Resources RCPs in public health departments continue to be challenged Potential involvement in mass vaccination planning Budgetary Challenges Furloughs and hiring restrictions Travel restrictions
Importance of NRC Training for the Agreement States TERRY DERSTINE (PA)
OAS PAST-CHAIR
Importance of NRC Training for the Agreement States HP programs NRC training COVID/NRC training including opening up Basic HP to Xray inspectors
CRCPD - Current Collaboration Efforts KIM STEVES (KS)
CRCPD CHAIR
CRCPD - Current Collaboration Efforts Coordination of State Response with OAS Unwanted Radioactive Materials Foreign Sourced Americium Sources at Scrap Recycling Facilities
CRCPD - Current Collaboration Efforts Coordination of State Response with OAS Unwanted Radioactive Materials Foreign Sourced Americium Sources at Scrap Recycling Facilities
CRCPD - Current Collaboration Efforts Coordination of State Response with OAS Unwanted Radioactive Materials Foreign Sourced Americium Sources at Scrap Recycling Facilities (ISRI Video) https://videos.isri.org/radiation-safety
Looking Forward in 2020 DAVID CROWLEY (NC)
OAS CHAIR
General License Program Modernization Background and Direction For decades, general licensing (GL) practices have varied across the NMP.
Regained attention following 2016 GAO audit of category 3 sources.
Working group formed to examine regulatory practices and to recommend modifications for a risk informed and right-sized approach.
Current 10 CFR 31.5 to act as baseline, but many states went beyond.
Goal is to create a consistent approach to maintain public health and safety.
GL: Potential Recommendations Expand Existing Registration Program Reduce Tracking/Reporting for remaining non-registered GL devices
- 1. Include all GL devices containing any activity level of: 1. Distribution records retained by GL distributors Cesium-137 Record retention requirements Strontium-90, States could request information as needed Cobalt-60,
- 2. Remove reporting requirement for certain devices:
Radium-226, Exit signs containing tritium Americium-241, Static eliminators Any other transuranic.
- 2. Add oversight component for registered devices 3. Potentially remove requirement for reporting lost/stolen devices for:
Remote inspection through questionnaire sent with annual renewal Exit signs containing tritium Onsite inspections for higher activity sources Static eliminators
Nuclear Medicine Extravasations Background and the Petition for Rulemaking Extravasation frequently occurs in otherwise normal intravenous or intraarterial injections. It is virtually impossible to avoid. Therefore, the Commission does not consider extravasations to be a misadministration. - FR Vol.45, No.95, May 14, 1980, Pg.31703
- Images taken from cases submitted in the petition for rulemaking.
Nuclear Medicine Extravasations Background and the Petition for Rulemaking The Petition (PRM-35-22), Docket ID (NRC-2020-0141)
Clear evidence that the 1980 assumption is no longer valid.
Extravasations can cause doses exceeding those in the medical event rule.
Extravasations can lead to negative outcomes of patients.
State Positions
- Excerpts from NRCs Medical Policy Statement.
Nuclear Medicine Extravasations Recommendations Reject the 1980 exemption and accept the petition.
Develop interim guidance, raise awareness, and engage with stakeholders.
Investigate throughout rulemaking, arrive at the best solution.
- Image from NRC website on rulemaking process.
Training & Experience for Authorized Users Background and Rulemaking Rulemaking Plan for Training and Experience Requirements for Unsealed Byproduct Material (SECY-20-0005)
Seeks Commission approval to initiate rulemaking.
Benefits of entering rulemaking:
Examine our practices and reveal entirely novel solutions.
Increase patient access to new treatments.
Focus on radiation handling, safety, and supervision.
Reduce administrative burden on facilities and regulators.
Low Level Radioactive Waste and Suggested State Regulation Transformation ANGELA LEEK (IA)
CRCPD CHAIR-ELECT
Low Level Radioactive Waste State Perspectives
- 10 CRF Part 61 outlines procedures and methods for assessing waste disposal
- Prefer definition of additional classifications to be managed under Part 61 Very Low Level Radioactive Waste (VLLRW)
Greater than Class C Waste (GTCC)
- The current Part 61 process is effective and allows for concurrent considerations such as other RCRA hazardous materials or site specific concerns
- States support maintaining current process in Part 61 and incorporating these additional classifications of waste
Transformation in the Suggested State Regulations Process
Transformation in the Suggested State Regulations Process MONITOR EXISTING AND ADVISE COUNCIL CHAIR EFFECTIVELY ALLOCATE ESTABLISH AND EMERGING RADIATION TO PRIORITIZE RULE RESOURCES AND MONITOR ROUTING PROTECTION PRACTICE REVISION FOCUS ESTABLISH EFFICIENT AND TIMELINES AND REGULATION PROCESSES