ML23250A016
| ML23250A016 | |
| Person / Time | |
|---|---|
| Issue date: | 10/05/2023 |
| From: | Adelaide Giantelli NRC/NMSS/DMSST/ASPB |
| To: | Patton T State of WV, Dept of Health & Human Resources |
| References | |
| Download: ML23250A016 (4) | |
Text
T. Patton UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 4, 2023 Tera Patton, Director Radiation, Toxics & Indoor Air Division Office of Environmental Health Services Department of Health & Human Resources 350 Capitol Street, Room 313 Charleston, WV 25301
SUBJECT:
WEST VIRGINIA PROPOSED ENABLING LEGISLATION
Dear Tera Patton:
We have reviewed the revisions to the West Virginia Proposed Enabling Legislation, received by our office on August 24, 2023. This legislation was reviewed by comparison to the Office of Nuclear Material Safety and Safeguards (NMSS) Procedure SA-700 Handbook, Processing an Agreement, the Council of State Governments, Suggested State Legislation, 1983, Volume 42, and policy statement Criteria for Guidance of States and the NRC in Discontinuance of NRC Regulatory Authority and Assumption Thereof by States Through Agreement (Criteria Policy Statement). We discussed our review of the legislation with you on September 28, 2023.
As a result of our review, we have five comments and one editorial comment that have been identified in the enclosure. We recommend that you address these comments and submit your revised enabling legislation for review prior to the submittal of your draft application.
If you have any questions regarding our review or the Suggested State Legislation used in the review, please contact my staff at AgreementStateRegs.Resource@nrc.gov.
Sincerely, Signed by Giantelli, Adelaide on 10/04/23 Adelaide S. Giantelli, Chief State Agreement and Liaison Programs Branch Division of Materials Safety, Security, State, and Tribal Programs Office of Nuclear Material Safety and Safeguards
Enclosure:
Comment Table
ML23244A006 pkg and ML23250A016 letter OFFICE NMSS/MSST NMSS/MSST OGC NMSS/MSST NAME HAkhavannik SSahle ELicon AGiantelli DATE 10/02/2023 09/28/2023 09/27/2023 10/04/2023 COMMENTS ON WEST VIRGINIA ENABLING LEGISLATION STATE SECTION STATE SUBJECT and COMMENTS SUGGESTED LEGISLATION SECTION 1 Section 16- Section 1 Declaration of Policy and State Radiation Control Agency 27B-1 West Virginia proposed legislation Sections 16-27B-1 and 16-27B-Section 16- Section 5 5.(d)(1) include public health and safety but do not include, and 27B-5.(d)(1) the environment. Protection of the environment is Compatibility Category C, and therefore, this language is needed to meet the essential objectives of the program.
West Virginia needs to revise Sections 16-27B-1 and 16-27B-5.(d)(1) to include, and the environment.
2 Section 16- Section 4 Definitions: Byproduct Material 27B-3.(1)(D)
West Virginia proposed legislation Section 16-27B-3.(1)(D) adds, by being converted to technologically enhanced naturally occurring radioactive material (TENORM) through extraction, to the definition of byproduct material. The definition for byproduct material in Section 4 of the Suggested State Legislation does not contain this addition. This definition is Compatibility Category C, and therefore, necessary to meet the essential objectives of the program. As written, the additional language appears to limit the statutory authority.
To include TENORM in a more descriptive way, we suggest revising the text as follows, ...or the common defense and security, including conversion to technologically enhanced naturally occurring radioactive material (TENORM) through extraction, or conversion after extraction, for use for a commercial, medical, or research activity. In the alternative, West Virginia could delete the text, by being converted to technologically enhanced naturally occurring material (TENORM).
3 Section 16- Section 11 Surety Requirements 27B-7.(a)
West Virginia proposed legislation Section 16-27B-7.(a) includes disposal of low-level radioactive waste as part of describing licensed activities which may require adequate surety.
Since West Virginia is not requesting authority for disposal of low-level radioactive waste, Section 16-27B-7.(a) needs to be updated to say, [F]or licensed activities the Department may establish by rule or regulation standards and procedures
STATE SECTION STATE SUBJECT and COMMENTS SUGGESTED LEGISLATION SECTION 4 Section 16- Section 11 Surety Requirements 27B-7.(c)
West Virginia proposed legislation Section 16-27B-7.(c) includes disposal of low-level radioactive waste as part of describing licensed activities which may require adequate surety.
Since West Virginia is not requesting authority for disposal of low-level radioactive waste, Section 16-27B-7.(c) needs to be updated to say, [F]or licensed activities when radioactive material which will require surveillance or care is likely to remain at the site after the licensed activities cease, the Department may establish by rule or regulation standards and procedures...
5 N/A Section 17 Administrative Procedure and Judicial Review West Virginia proposed legislation does not contain equivalent language to SSL Section 17(b) to provide opportunity for a hearing in any proceeding for the denial of an application, revocation, suspension, or modification for a license. Providing an opportunity for hearing in these instances is Compatibility Category C, and therefore, equivalent language is needed to meet the essential objectives of the program.
West Virginia needs to include equivalent language to SSL Section 17(b).
EDITORIAL COMMENT ON WEST VIRGINIA ENABLING LEGISLATION STATE SECTION STATE SUBJECT and COMMENTS SUGGESTED LEGISLATION SECTION 1 Section 16- Section 11 Surety Requirements 27B-7 West Virginia proposed legislation Section 16-27B-7 does not contain an equivalent for SSL Section 11(f). SSL Section 11(f) states:
In order to provide for the proper care and surveillance of sites subject to subsection (c) and which are not subject to Section 8 or 9, the [state] [agency on behalf of the state] may acquire by gift or transfer from another government agency or private person, any land and appurtenances necessary to fulfill the purposes of this section. Any such gift or transfer is subject to approval and acceptance by the [state] [agency].