ML20350B410
| ML20350B410 | |
| Person / Time | |
|---|---|
| Site: | 15000012 |
| Issue date: | 12/11/2020 |
| From: | O'Dowd D NRC/RGN-III |
| To: | Meilman S Environmental Protection Industries |
| References | |
| Download: ML20350B410 (3) | |
Text
From:
R3 Reciprocity To:
Sergio Meilman Cc:
R3 Reciprocity
Subject:
NRC RECIPROCITY FOR CALENDAR YEAR 2021 Date:
Friday, December 11, 2020 1:32:14 PM Mr. Sergio Meilman, P.E., Ph.D.
Director of Operations/Radiation Safety Officer Environmental Protection Industries, Inc.
16650 S. Canal South Holland, IL 60473
SUBJECT:
NRC RECIPROCITY FOR CALENDAR YEAR 2021
Dear Dr. Meilman:
This letter is a reminder that each Agreement State licensee (licensee) seeking to conduct activities under reciprocity in areas of Exclusive Federal jurisdiction, NonAgreement States, or in offshore waters (reciprocity activities) under the general license established in Title 10 of the Code of Federal Regulations (CFR), Section 150.20, for the first time in a calendar year must submit a request containing certain information to the U.S. Nuclear Regulatory Commission (NRC). This general license authorizes persons holding a specific license from an Agreement State to conduct the same activity in areas of Exclusive Federal jurisdiction, NonAgreement States, or in offshore waters, if the specific license issued by the Agreement State does not limit the authorized activity to specific locations or facilities.
If you request reciprocity under this general license, you must submit: (1) a filled out and signed NRC Form 241, "Report of Proposed Activities in NonAgreement States, Areas of Exclusive Federal jurisdiction, or Offshore Waters;" (2) a copy of your Agreement State specific license; and (3) the fee specified in 10 CFR 170.31, Item No. 16, as required by 10 CFR 150.20(b)(1). The current fee is $2,100, though this is subject to change. In the current situation, we recommend that you scan and e-mail this information to R3.reciprocity@nrc.gov, although faxing (to (630) 515-1259) or mailing the documents are acceptable alternatives. The NRC must receive this filing a minimum of 3 days before the licensee engages in reciprocity activities. For your information and use in filing for reciprocity, an electronic version of NRC Form 241 can be found on the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/forms/. Please note that documents containing sensitive information transmitted to the NRC must be appropriately marked and protected in accordance with any applicable security requirements. For further information, see RIS 2005-31, Control of Security-Related Sensitive Unclassified Non-Safeguards Information Handled by Individuals, Firms, and Entities Subject to NRC Regulation of the Use of Source, Byproduct, and Special Nuclear Material, dated December 22, 2005, which can be found on NRCs Generic Communications Web site under Regulatory Issue Summaries at https://www.nrc.gov/reading-rm/doc-collections/gen-comm/.
Note that fee payments are to be made payable to the U.S. Nuclear Regulatory Commission. At this time, we recommend that payments be made by credit card directly to www.pay.gov, or by submitting credit card payment to the agency using NRC Form 629, Authorization for Payment by Credit Card, which can be found on the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/forms/. Note that payments may still be made by check, draft, or money order; however, delays in processing these might
occur. Note that evidence of fee payment made by any of these means must be submitted with your reciprocity request, as described above.
You do not have to obtain positive authorization from the NRC before performing activities requested on an NRC Form 241 that has been submitted to the NRC. If the NRC determines that the form contains omissions or errors, the NRC staff will contact you in an attempt to obtain the correct information. If the discrepancies cannot be resolved and you do not qualify for the general license, the NRC will inform you of this determination and indicate that you have not complied with the requirements of 10 CFR 150.20. In this case, you are not authorized to perform reciprocity activities and must cease any activities that have begun in NRC jurisdiction until the NRC resolves the discrepancies.
An area of Exclusive Federal jurisdiction is an area over which the Federal government exercises legal control without interference from the jurisdiction and administration of State law. If you are proposing to perform licensed activities on Federal property in an Agreement State, you must first determine the jurisdictional status of the area where you plan to work. If you are unsure about jurisdictional status of the work location on Federal land, you should contact the Federal agency that controls the facility where the work is to be performed. A written statement concerning the jurisdictional status is not required to file for reciprocity; however, you should obtain such a statement for reference and inspection purposes.
Under the general license, a general licensee conducting reciprocity activities is limited to a total of 180 days in any calendar year. Reciprocity activities conducted in offshore waters are not subject to the 180day limit. The NRC tracks reciprocity usage on the basis of approved usage days. The NRC will not approve any activity under the general license that would exceed the 180day limit. It is important that you track the days of use and submit changes to dates of work, when applicable. Storage of material in NRC jurisdiction is considered a reciprocity activity; days when material is stored and not used count toward the 180day limit.
Licensees who perform activities using separate Agreement State licenses must submit separate reciprocity requests. For example, if a licensee has separate radiography and service licenses, and performs reciprocity work under both, the licensee must submit a separate NRC Form 241 with evidence of the appropriate fee for the initial filing for each license. The activities under reciprocity will be limited to 180 days separately for each license.
The NRC expects that you will review the information provided on NRC Form 241, as well as the regulations cited in 10 CFR 150.20(b), to ensure that your radiation safety program is in compliance with NRC regulations before conducting reciprocity activities.
If you perform reciprocity activities in NRC jurisdiction, you must conduct these activities in accordance with the conditions specified in your Agreement State license, representations made in NRC Form 241, and other rules, regulations, and orders of the NRC, now or hereafter in effect. Failure to file NRC Form 241 before performing under reciprocity or failure to comply with these regulations or to conduct your radiation safety program in compliance with NRC regulations while operating under reciprocity may result in NRC enforcement action. Such actions could include the issuance of a notice of violation, imposition of a civil penalty, or an order to take certain actions as described in the NRC
Enforcement Policy, which is available on the NRC's Web site at http://www.nrc.gov/aboutnrc/regulatory/enforcement/enforce-pol.html.
Your reciprocity activities in NRC jurisdiction are subject to inspection by NRC personnel.
As an Agreement State licensee operating under reciprocity, you must be aware of NRC requirements concerning your activities. Your lack of awareness of NRC requirements and applicable provisions will not prevent the NRC from taking appropriate enforcement action.
The NRC document entitled, Guidance for Agreement State Licensees About NRC Form 241, Report of Proposed Activities in NonAgreement States, Areas of Exclusive Federal Jurisdiction, or Offshore Waters and Guidance for NRC Licensees Proposing to Work in Agreement State Jurisdiction (Reciprocity), Final Report (NUREG1556, Volume 19, Revision 1), contains information intended to provide program-specific guidance and to assist applicants and licensees in meeting the requirements for a general license under 10 CFR 150.20, by describing the types of information needed from the licensee to complete NRC Form 241. This document should be used in preparing requests for NRC Form 241.
(Note that the guidance contained in this document does not represent new or proposed regulatory requirements). The latest version of NUREG1556, Volume 19, Rev. 1 can be found at the NRCs website at https://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1556/v19/.
If you have any questions about the regulations or the application process, please feel free to contact me at 630-829-9573 or by e-mail at R3.reciprocity@nrc.gov.
Dennis P. ODowd Health Physicist Materials Inspection Branch Division of Nuclear Materials Safety U.S. Nuclear Regulatory Commission 2443 Warrenville Road Lisle, IL 60532 dennis.odowd@nrc.gov 630.829.9573 (office) 630.515.1259 (fax)
Docket No. 150-00012 State of Illinois License No. IL-02294-01