ML24059A440

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04-01-2024 - Cy 2023 Annual Report on Agreement States and U.S. NRCs Radioactive Materials Program
ML24059A440
Person / Time
Issue date: 04/01/2024
From: John Lubinski
Office of Nuclear Material Safety and Safeguards
To: Annie Caputo, Crowell B, Christopher Hanson, David Wright
NRC/Chairman, NRC/OCM/AXC, NRC/OCM/BRC, NRC/OCM/DAW
References
Download: ML24059A440 (16)


Text

MEMORANDUM TO: Chair Hanson Commissioner Wright Commissioner Caputo Commissioner Crowell FROM: John W. Lubinski, Director Office of Nuclear Material Safety and Safeguards

SUBJECT:

ANNUAL REPORT ON NATIONAL MATERIALS PROGRAM PERFORMANCE FOR CALENDAR YEAR 2023 Enclosed is the Calendar Year (CY) 2023 report on the status of the National Materials Program performance. The National Materials Program remains protective of public health and safety in regulating the use of radioactive materials. All programs remained adequate to protect public health and safety, with a few needing improvement. During CY 2023, the Commission approved the staffs recommendation to discontinue the Probationary period for the Mississippi Agreement State Program and place the Program on a period of Heightened Oversight. The Washington and New York Agreement State Programs remained on Heightened Oversight.

Most programs had legislation, regulations, and guidance that is compatible with the U.S.

Nuclear Regulatory Commissions regulatory program, although some states continued to experience delays in the implementation of regulations that led to their programs being found not compatible.

CONTACT: Robert K. Johnson, NMSS/MSST 301-415-7314April 1, 2024 Signed by Lubinski, John on 04/01/24

The Commissioners

Enclosure:

Annual Report on the National Materials Program Performance for CY 2023

cc: SECY OGC OCA OPA CFO EDO EnclosureANNUAL REPORT ON THE NATIONAL MATERIALS PROGRAM PERFORMANCE FOR CALENDAR YEAR 2023 April 1, 2024 EXECUTIVE

SUMMARY

This Calendar Year (CY) 2023 report is a summary of both Agreement State and U.S. Nuclear Regulatory Commission (NRC) radiation control program (RCP) performance, including the ability to: (1) provide reasonable assurance of adequate protection of public health and safety for the safe and secure use of radioactive materials, and (2) maintain Agreement State programs that are compatible with the NRCs regulatory program. The NRC uses the Integrated Materials Performance Evaluation Program (IMPEP) to evaluate RCP performance. Procedures are in place to consistently perform these assessments. RCPs are determined adequate if their administration ensures protection of public health and safety in regulating the use of radioactive material.

During CY 2023, 36 of the 40 RCPs had findings of adequate to protect public health and safety. The four remaining Agreement StatesMississippi, New York, Rhode Island, and Washingtonwere found adequate to protect public health and safety but need improvement.

Regarding Agreement State compatibility, 35 of the 39 programs were found to be compatible with the NRCs regulatory program. The RCPs for the four remaining Agreement States Florida, North Carolina, New York, and Washingtonwere not compatible with the NRCs regulatory program.

During CY 2023, no RCPs had more than one unsatisfactory performance indicator and the NRC met its Congressional performance metric for fiscal year 2023 (Nuclear Material Users (NU)-23). Based on the results of Mississippis 2023 IMPEP review, the Commission discontinued the Mississippis Probationary period and placed the Program on a period of Heightened Oversight. Based on the results of Rhode Islands 2023 IMPEP review, the Management Review Board (MRB) Chair removed Rhode Island from Heightened Oversight and returned it to normal oversight. During CY 2023, the Washington and New York Agreement State Programs remained on Heightened Oversight. These programs are taking corrective actions to address identified performance issues and the effectiveness of those corrective actions are being reviewed and monitored using the IMPEP process.

Agreement States continue to play a valuable role in the IMPEP as evidenced by the increase in Agreement State participation and collaboration in the National Material Program activities. The NRC and its regulatory partners continued to effectively implement the program in a flexible and resilient manner. The NRC will continue to monitor performance through the IMPEP and work with the Agreement States to address any performance issues or trends.

BACKGROUND ON THE NRC AGREEMENT STATE PROGRAM

Section 274 of the Atomic Energy Act of 1954 (AEA), as amended, provides broad authority for the NRC to establish a unique Federal and State relationship in the administration of regulatory programs to provide reasonable assurance of adequate protection of public health and safety in the industrial, medical, commercial, and research uses of agreement material (source, byproduct, and small quantities of special nuclear material as identified in Subsection 274b. of the AEA). Subsection 274b. of the AEA authorizes the NRC to enter into an agreement by which the NRC discontinues its regulatory authority and the State assumes regulatory authority over some or all these materials. To discontinue its authority, the NRC must find that the State program is adequate to protect public health and safety and compatible with the NRC program for the regulation of agreement material. The NRC also has an obligation, pursuant to Subsection 274j. of the AEA, to periodically review existing Agreement State program performance to ensure continued adequacy and compatibility.

PERFORMANCE MONITORING

The NRC uses the Integrated Materials Performance Evaluation Program (IMPEP) to periodically review Agreement State and NRC programs, collectively referred to as the National Material Program (NMP), to verify that these programs are adequate to protect public health and safety and verify that Agreement State programs are compatible with the areas of the NRCs regulatory program. IMPEP reviews are conducted by a team of NRC and Agreement State experts not associated with the radiation control program (RCP) under review.

In accordance with the NRC Management Directive (MD) 5.6, Integrated Materials Performance Evaluation Program (IMPEP), radiation control programs (RCPs) are determined adequate if the administration of these programs provides reasonable assurance of the protection of public health and safety in regulating the use of radioactive material. Adequacy findings under IMPEP result in one of three conclusions: (1) adequate to protect public health and safety, (2) adequate to protect public health and safety but needs improvement, or (3) not adequate to protect public health and safety.

When the NRC promulgates regulations, it determines the degree to which Agreement States regulations must be compatible. Agreement State programs are determined compatible with the NRC's regulatory program when they do not create conflicts, duplications, gaps, or other conditions that jeopardize an orderly pattern in the regulation of radioactive material.

Compatibility findings under IMPEP result in one of two conclusions: (1) compatible or (2) not compatible.

Program performance is measured using the following standardized indicators, as applicable:

Technical Staffing and Training (TST); Status of Materials Inspection Program (SMIP);

Technical Quality of Inspections (TQI); Technical Quality of Licensing Actions (TQLA); Technical Quality of Incident and Allegation Activities (TQIAA); Legislation, Regulations, and Other Program Elements (LROPE); Sealed Source and Device (SS&D) Evaluation Program; Low-Level Radioactive Waste (LLRW) Disposal Program; and Uranium Recovery (UR)

Program.

The frequency of IMPEP reviews range from 1 to 5 years, based on the programs performance.

All reviews are conducted in accordance with the NRC MD 5.6, and staffed with a combination of NRC and Agreement State team members. A Management Review Board (MRB), composed of senior NRC managers and an Organization of Agreement States representative, convenes to

1 deliberate the adequacy and compatibility findings and the frequency and type of the next IMPEP review. The MRB Chair determines the final NRC findings with respect to the RCP based on input from the IMPEP review team, MRB members, and the program being reviewed.

The NRC also conducts periodic meetings in between the IMPEP reviews to remain knowledgeable of the status of RCP performance. The NRC also conducts MRBs to discuss the results of periodic meetings for RCPs that are on Monitoring or Heightened Oversight.

The NRC takes a graded approach to provide oversight of programmatic weaknesses in Agreement State programs. Program oversight may include monitoring, heightened oversight, probation, or temporary suspension. Under these enhanced oversight processes, the NRC works collaboratively with the Agreement States to ensure that they have a full understanding of the issues that need to be addressed, and that appropriate corrective actions are implemented to progress toward reestablishing satisfactory program performance.

During CY 2023, the NRC and its Agreement State partners conducted eight IMPEP reviews with the support of 18 Agreement State personnel. In-person inspector accompaniments were conducted for all CY 2023 IMPEP reviews. During CY 2023, the NRC also conducted nine hybrid MRB meetings with the support of nine Agreement State personnel. Three of these MRB meetings were for IMPEP reviews that were conducted in CY 2022.

AGREEMENT STATE PROGRAM PERFORMANCE

This section discusses the status of RCPs that were identified during CY 2023 as needing enhanced NRC oversight in the categories of monitoring, heightened oversight, or probation.

The NRC increases communication with these Agreement State programs to facilitate improved performance. Programs needing enhanced oversight are summarized in Attachment 1, Enhanced Oversight Status Chart. Heightened oversight involves the development of a Program Improvement Plan (PIP) and periodic conference calls between the NRC and the Agreement State program. Probation, if approved by the Commission, involves all the activities for heightened oversight plus a notification to the Governor, issuance of a press release and Federal Register Notice, and greater frequency of engagement. This section also discusses the status of RCPs that were found not to be compatible with the NRCs regulatory program.

Enhanced Oversight

Mississippi

As a result of the February 2022 IMPEP review, the Mississippi Agreement State Program (Mississippi) was found adequate to protect public health and safety, but needs improvement, and not compatible with the NRCs regulatory program, due to an overall decline in performance and significant performance deficiencies (ML22178A114). The MRB Chair found Mississippis performance satisfactory but needs improvement (SBNI) for the two performance indicators:

TST and LROPE. The MRB Chair found Mississippis performance unsatisfactory (UNSAT) for the four performance indicators: SMIP, TQI, TQLA, and TQIAA. The identified weaknesses were of such safety significance that assurance of the Mississippis ability to protect public health and safety was degraded. Increased oversight by the NRC was required to ensure program improvements.

Based on the results of the 2022 IMPEP review, the Commission placed Mississippi on Probation (ML22265A228). Probation allowed the NRC to remain closely involved with Mississippi as they implemented corrective actions to improve performance. Probation only

2 involved the 274b Agreement between the NRC and the State of Mississippi involving the use of radioactive materials by medical, industrial, commercial, and academic facilities, and did not impact Mississippis other responsibilities pertaining to emergency preparedness at commercial nuclear power plants. Probation required the preparation and approval of a PIP, participation in monthly conference calls, and submission of routine PIP updates prior to each call. The NRC and Mississippi met monthly to assess Mississippis progress in completing the corrective actions outlined in their PIP. Mississippi made progress on addressing these corrective actions.

The MRB Chair directed that the next IMPEP review be conducted in approximately February 2023.

As a result of the February 2023 IMPEP review, Mississippi was found adequate to protect public health and safety and compatible with the NRCs regulatory program (ML23188A186).

The MRB Chair found Mississippis performance satisfactory (SAT) for the four performance indicators: SMIP, TQI, TQIAA, LROPE. The MRB Chair also found Mississippis performance SBNI for TST and TQLA.

Based on the improved performance seen during the 2023 IMPEP review and the significant progress made on completing actions in the PIP, the Commission discontinued Mississippis Probationary period and placed Mississippi on a period of Heightened Oversight. As part of the Heightened Oversight process, the NRC and Mississippi meet on a bimonthly basis to assess Mississippis progress in completing the corrective actions outlined in their 2023 PIP. The MRB Chair directed that the next periodic meeting be conducted in approximately March 2024, with the next IMPEP review being conducted in approximately March 2025.

Washington

As a result of the April 2022 IMPEP review, the Washington Agreement State Program (Washington) was found adequate to protect public health and safety, but needs improvement, and not compatible with the NRCs regulatory program, due to a decline in performance (ML22206A205). The MRB Chair found Washingtons performance SAT for the four performance indicators: SMIP, SS&D Evaluation Program, LLRW Disposal Program, and UR Program. The MRB Chair also found Washingtons performance SBNI for the three performance indicators: TST, TQI, and LROPE. The MRB Chair found Washingtons performance UNSAT for TQLA and TQIAA. Specific to compatibility, Washingtons training and qualification, licensing, and allegation and incident response procedures were not compatible with the NRC. As such, the MRB Chair determined that these performance issues had the potential to create gaps, conflicts, duplication, or other conditions that could jeopardize an orderly pattern in the collective national effort to regulate agreement materials.

Based on the results of the 2022 IMPEP review, Washington was placed on Heightened Oversight, which required the preparation and approval of a PIP, participation in bimonthly conference calls with the NRC, and submission of routine PIP updates prior to each call.

Washington made some progress completing the corrective actions outlined in their PIP. During CY 2023, Washington experienced significant staff turnover and retention challenges that delayed progress on several recovery actions, including training and qualification of staff. The NRC continues to monitor the situation closely, including conducting several in-person meetings between NRC and Washington management and increasing call frequency from bimonthly to monthly. The NRC has prioritized training for Washington staff to help expedite completion of new staff qualifications. The NRC also formed an independent assessment team to obtain information on Washingtons performance and identify if any additional immediate actions were required to help improve Washingtons performance. The assessment was conducted in-person

3 from September 11-22, 2023, by a team of NRC subject matter experts. The team determined that there was no immediate threat to the adequate protection of public health and safety and made several recommendations for improved program performance (ML23331A800). The NRC is scheduled to conduct a follow-up IMPEP review in April 2024.

New York

As a result of the July 2022 IMPEP review, the New York Agreement State Program (New York) was found adequate to protect public health and safety, but needs improvement, and not compatible with the NRCs regulatory program due to a decline in performance (ML22353A062).

The MRB Chair found New Yorks performance SAT for the five performance indicators: TST, SMIP, TQI, TQLA, and TQIAA. The MRB Chair found New Yorks performance SBNI for two performance indicators: SS&D Evaluation Program and the LLRW Disposal Program. The MRB Chair found New Yorks performance UNSAT for LROPE. In the 2018 and 2022 IMPEP reviews, New Yorks Department of Environmental Conservation and Department of Health had numerous overdue regulations. The New York City Department of Health and Mental Hygiene, in contrast, had adopted regulations by reference and were up to date. The MRB Chair determined that these performance issues had the potential to create gaps, conflicts, duplication, or other conditions that could jeopardize an orderly pattern in the collective national effort to regulate agreement materials.

Based on the results of the 2022 NRC review, New York was placed on Heightened Oversight, which required the preparation and approval of a PIP, participation in bimonthly conference calls with the NRC, and submission of routine PIP updates prior to each call. The NRC and New York meet bimonthly to assess New Yorks progress in completing the corrective actions outlined in their PIP. The NRC is scheduled to conduct a follow-up IMPEP review in September 2024.

In a letter dated May 9, 2023 (ML23131A254), New York Governor Kathy Hochul requested discontinuation of the States SS&D evaluation and approval authority. Staff reviewed the request and recommended that the Commission approve the request (ML23137A148). On August 2, 2023, the Commission approved New Yorks request (ML23138A033). The NRC has reassumed SS&D evaluation and approval authority for entities in New York. The NRC is in the process of administratively converting New York SS&D registrations to the NRC registry, which is expected to be complete in August 2024.

Rhode Island

As a result of the October 2021 IMPEP review, the Rhode Island Agreement State Program (Rhode Island) was found adequate to protect public health and safety, but needs improvement, and compatible with the NRCs regulatory program, due to a decline in performance (ML22032A318). The MRB Chair found Rhode Islands performance SAT for the four performance indicators: SMIP, TQI, TQIAA, and LROPE. The MRB Chair found Rhode Islands performance SBNI for TST, and UNSAT for TQLA.

Based on the results of the 2021 IMPEP review, Rhode Island was placed on Heightened Oversight, which required the preparation and approval of a PIP, participation in bimonthly conference calls, and the submission of routine PIP updates prior to each call. The NRC and Rhode Island met quarterly to assess Rhode Islands progress in completing the corrective actions outlined in their PIP. Rhode Island made progress in completing the corrective actions outlined in their PIP, as documented in the November 2022, periodic meeting summary

4 (ML23067A428). As a result of the MRB associated with the periodic meeting, the MRB Chair directed that the next IMPEP review be conducted in approximately October 2023.

As a result of the October 2023 IMPEP review, Rhode Island was found adequate to protect public health and safety and compatible with the NRCs regulatory program (ML24029A119). On January 17, 2024, the MRB Chair found Rhode Islands performance SAT for all six performance indicators reviewed. Based on Rhode Islands improved performance as reflected in the results of the 2023 IMPEP review, Rhode Island was removed from Heightened Oversight. The MRB Chair directed that the next IMPEP review be conducted in approximately October 2027.

Additional Agreement States Not Compatible with the NRCs Program

Florida

As a result of the June 2019 IMPEP review, the Florida Agreement State Program (Florida) was found adequate to protect public health and safety, but needs improvement, and not compatible with the NRCs regulatory program ( ML19262D631). The MRB Chair found Floridas performance SAT for the five performance indicators: TST, SMIP, TQLA, TQIAA, and SS&D Evaluation Program. The MRB Chair found Floridas performance SBNI for TQI. The MRB Chair also found Floridas performance UNSAT for LROPE. The MRB Chair determined that the declining performance was mainly due to a loss of institutional knowledge and training issues.

The MRB Chair also directed two periodic meetings be conducted in July 2020 and June 2022, to monitor improvements associated with the TQI performance indicator, and that the next IMPEP review take place in approximately June 2023.

During the July 2020 and June 2022 periodic meetings, the NRC staff determined that Florida continued making progress in addressing corrective actions regarding concerns identified during the 2019 IMPEP review. The NRC also noted that Florida was fully staffed in licensing and inspection. Florida was effectively managing its licensing and inspection activities and responded to incidents and allegations as appropriate. During the pandemic, Florida continued to address licensing actions but suspended on-site inspections; however, Florida has since resumed conducting on-site inspections. Florida also developed a plan to review regulations monthly and to prioritize addressing overdue regulations.

As a result of the June 2023 IMPEP review, Florida was found adequate to protect public health and safety and not compatible with the NRCs regulatory program ( ML23289A168). The MRB Chair found Floridas performance SAT for the six performance indicators: TST, SMIP, TQI, TQLA, TQIAA, and SS&D Evaluation Program. The MRB Chair also found Floridas performance UNSAT for LROPE. The MRB Chair directed that the next periodic meeting be conducted in approximately May 2025 and the next IMPEP review be conducted in approximately June 2027.

5 North Carolina

As a result of the 2022 IMPEP review, North Carolinas performance was found UNSAT for the LROPE performance indicator and North Carolina was found not compatible with the NRCs regulatory program (ML22230D060). North Carolina had two regulation amendments overdue and had not addressed numerous outstanding compatibility comments. Several of those comments were significant and could impact regulations designated as compatibility category B, AEA Section 11e.(2) byproduct materials. As such, the MRB Chair determined that these performance issues had the potential to create gaps, conflicts, duplication, or other conditions that could jeopardize an orderly pattern in the collective national effort to regulate agreement materials. North Carolina has been working on a re-adoption of its rules to incorporate by reference all parts of 10 CFR required for compatibility. North Carolinas current plan to address these issues extends through 2025. This will be evaluated during the next periodic meeting in approximately May 2024 and the next IMPEP review in approximately May 2026.

HEALTH OF THE NATIONAL MATERIALS PROGRAM

Overall NMP performance may be measured using the IMPEP review performance indicator results and overall adequacy and compatibility. NMP performance continues to be strong as measured by the IMPEP.

Performance Indicator Results

Over the last 5 years, the NRC and its Agreement State partners have conducted 46 IMPEP reviews and evaluated 317 performance indicators. During this 5 year period, 285 performance indicators (90 percent) were found SAT, 21 performance indicators (7 percent) were found SBNI, and 11 performance indicators (3 percent) were found UNSAT.

In CY 2023, the NRC and its Agreement State partners conducted eight IMPEP reviews, evaluating a total of 53 performance indicators. During CY 2023, 48 of the performance indicators (90.6 percent) were found SAT, 4 performance indicators (7.5 percent) were found SBNI, and 1 performance indicator (1.9 percent) was found UNSAT.

to this memorandum provides a summary of the most recent IMPEP findings and associated adequacy and compatibility results for each of the RCPs that constitute the NMP. As shown in this attachment, the most challenging performance indicators were Legislation, Regulations, and Other Program Elements and Technical Quality of Licensing Actions. For LROPE, five RCPs were found SBNI, and one RCP was found UNSAT. This is the same number of SBNI and UNSAT ratings reported in CY 2022 and is primarily attributed to regulations not being adopted in the required 3-year time frame. For TQLA, four RCPs were found SBNI, and three RCPs were found UNSAT. This represents a slight increase in the number of SBNI ratings and a decrease in the number of UNSAT ratings and is primarily attributed to RCPs not following the NUREG-1556 licensing guidance.

Adequacy and Compatibility Status in the National Materials Program

Over the last 5 years, 91 percent of the RCPs were found adequate to protect public health and safety, and 92 percent of Agreement State programs were found compatible with the NRCs regulatory program. Table 1 provides a summary of the adequacy and compatibility results for the RCPs over the last 5 years. These results provide the NRC confidence in nationwide reasonable assurance of adequate protection of public health and safety.

6 Table 1. Adequacy and Compatibility Results CY 2019 - CY 2023

2019 2020 2021 2022 2023 Radiation Control Programs 43 43 401 40 40 (Number of NRC and Agreement State Programs)

Agreement State Programs 39 39 39 39 39

Adequate to Protect Public 39 40 37 35 37 Health and Safety Adequate to Protect Public Health and Safety, 4 3 3 5 3 But Needs Improvement Not Adequate to Protect Public Health and Safety 0 0 0 0 0

Compatible with the NRCs Regulatory Program 36 37 37 34 34 Not Compatible with the NRCs Regulatory 3 2 2 5 5 Program

CONCLUSION

The NMPs performance remains protective of public health and safety. All programs are adequate to protect public health and safety, with a few needing improvements, and most programs have legislation, regulations, and guidance compatible with the NRCs regulatory program. The IMPEP continues to be an effective tool to verify that NRC and Agreement State programs are evaluated in a consistent and integrated manner. The NRC and its regulatory partners continue to effectively implement the program in a flexible and resilient manner to accomplish our mission, despite challenges presented by the pandemic. The Agreement States continue to play a valuable role with respect to ensuring consistent implementation of the NMP in protecting the public health and safety with respect to the safe and secure use of radioactive materials.

Attachments:

1. Enhanced Oversight Status Chart
2. NRC and Agreement State Radioactive Materials Program Findings

1 The first consolidated NRC IMPEP review was conducted in June 2021, evaluating NRC headquarters and Regions I, III, and IV at the same time. Previous NRC IMPEP reviews evaluated NRC headquarters the regions separately.

7 ENHANCED OVERSIGHT STATUS CHART

AGREEMENT LAST IMPEP OVERSIGHT NEXT IMPEP STATE REVIEW ACTIVITIES REVIEW

PROBATION

None

HEIGHTENED OVERSIGHT

  • Probation Initiated September 2022 Mississippi February 2023
  • Probation Discontinued March 2025 November 2023
  • Heightened Oversight Calls Initiated November 2023

New York July 2022

  • Heightened Oversight Calls September 2024 Initiated March 2023

Washington April 2022

  • Heightened Oversight Calls April 2024 Initiated September 2022

MONITORING

None

Attachment 1 NRC and Agreement State Radioactive Materials Program Findings for Performance Indicators and Adequacy and Compatibility

COMMON NON-COMMON OVERALL PERFORMANCE INDICATORS PERFORMANCE PROGRAM INDICATORS RATING

Alabama 2023 SAT2 SAT SAT SAT SAT SAT ADEQ3 COMP4 2027 Arizona 2019 SAT SAT SAT SAT SAT SAT ADEQ COMP 2024

Arkansas 2022 SAT SAT SAT SBNI5 SAT SAT ADEQ COMP 20246

California 2019 SAT SAT SAT SAT SAT SAT SAT ADEQ COMP 2024

Colorado 2022 SAT SAT SAT SAT SAT SAT SAT SAT ADEQ COMP 2027

Florida 2023 SAT SAT SAT SAT SAT UNSAT7 SAT ADEQ NC8 2027 Georgia 2020 SAT SAT SAT SAT SAT SAT ADEQ COMP 2024

Illinois 2023 SAT SAT SAT SAT SAT SAT SAT SAT ADEQ COMP 2028

Iowa 2022 SAT SAT SAT SAT SAT SAT ADEQ COMP 2027

Kansas 2020 SAT SAT SAT SAT SAT SBNI ADEQ COMP 2024

Kentucky 2020 SAT SAT SAT SAT SAT SBNI SAT SAT ADEQ COMP 20249

Louisiana 2021 SAT SAT SAT SAT SAT SAT SAT ADEQ COMP 2025

Maine 2023 SAT SAT SAT SAT SAT SBNI SAT ADEQ COMP 2027

Maryland 2022 SAT SAT SAT SBNI SAT SAT SAT ADEQ COMP 2025

Massachusetts 2022 SAT SAT SAT SAT SAT SAT SAT ADEQ COMP 2027

Minnesota 2021 SAT SAT SAT SAT SAT SAT ADEQ COMP 2025

Mississippi 2023 SBNI SAT SAT SBNI SAT SAT ABNI10 COMP 2025

2 Satisfactory (SAT) 3 Adequate (ADEQ) 4 Compatible (COMP) 5 Satisfactory, but needs improvement (SBNI) 6 The Arkansas IMPEP review was conducted January 29-February 2, 2024, and the MRB was conducted March 27, 2024. As a result of the MRB, Arkansas was placed on Heightened Oversight and will be discussed further in the CY 2024 Annual Report.

7 Unsatisfactory (UNSAT) 8 Not compatible (NC) 9 The Kentucky IMPEP review was conducted February 26-March 1, 2024, and the MRB is scheduled to be conducted June 6, 2024.

10 Adequate, but needs improvement (ABNI)

Attachment 2 NRC and Agreement State Radioactive Materials Program Findings for Performance Indicators and Adequacy and Compatibility

COMMON NON-COMMON OVERALL PERFORMANCE INDICATORS PERFORMANCE PROGRAM INDICATORS RATING

Nebraska 2021 SAT SAT SAT SAT SAT SAT ADEQ COMP 2025 Nevada 2021 SAT SAT SAT SAT SAT SAT SAT ADEQ COMP 2027

New Hampshire 2021 SAT SAT SAT SAT SAT SAT SAT ADEQ COMP 2026

New Jersey 2019 SAT SAT SAT SAT SAT SAT ADEQ COMP 202411

New Mexico 2021 SAT SAT SAT SBNI SAT SAT ADEQ COMP 2025

New York 2022 SAT SAT SAT SAT SAT UNSAT SBNI SBNI ABNI NC 2024 North Carolina 2022 SAT SAT SAT SAT SAT UNSAT SBNI ADEQ NC 2026

North Dakota 2019 SAT SAT SAT SAT SAT SAT ADEQ COMP 2024

Ohio 2019 SAT SAT SAT SAT SAT SAT SAT ADEQ COMP 202412

Oklahoma 2023 SAT SAT SAT SAT SAT SAT ADEQ COMP 2028

Oregon 2021 SAT SAT SAT SAT SAT SAT ADEQ COMP 2026

Pennsylvania 2019 SAT SAT SAT SAT SAT SAT ADEQ COMP 202413

Rhode Island 202314 SAT SAT SAT SAT SAT SAT ADEQ COMP 2027

South Carolina 2022 SAT SAT SAT SAT SAT SAT SAT SAT ADEQ COMP 2027

Tennessee 2021 SAT SAT SAT SAT SAT SAT SAT ADEQ COMP 2026

Texas 2022 SAT SAT SAT SAT SAT SAT SAT SAT SAT ADEQ COMP 2026

Utah 202315 SAT SAT SAT SAT SAT SBNI SAT SAT ADEQ COMP 2027

Vermont 2021 SAT SAT SAT SAT SAT SAT ADEQ COMP 2025

11 The New Jersey IMPEP review was conducted March 18-22, 2024, and the MRB is scheduled to be conducted June 27, 2024.

12 The Ohio IMPEP review was conducted March 11-15, 2024, and the MRB is scheduled to be conducted July 2, 2024.

13 The Pennsylvania was conducted January 29-February 2, 2024, and the MRB is scheduled to be conducted May 9, 2024.

14 The Rhode Island review was conducted October 16-19, 2023, and the MRB was conducted January 17, 2024.

15 The Utah IMPEP review was conducted September 18-22, 2023, and the MRB was conducted January 9, 2024.

Attachment 2 NRC and Agreement State Radioactive Materials Program Findings for Performance Indicators and Adequacy and Compatibility

COMMON NON-COMMON OVERALL PERFORMANCE INDICATORS PERFORMANCE PROGRAM INDICATORS RATING

Virginia 2020 SAT SAT SAT SAT SAT SAT ADEQ COMP 2025

Washington 2022 SBNI SAT SBNI UNSATUNSAT SBNI SAT SAT SAT ABNI NC 202416

Wisconsin 2019 SAT SAT SAT SAT SAT SAT ADEQ COMP 2024

Wyoming 2020 SAT SAT SAT SAT SAT SAT ADEQ COMP 2024

NRC 2021 SAT SAT SAT SAT SAT SAT SAT ADEQ N/A 2026

16 The Washington IMPEP review is scheduled to be conducted April 8-12, 2024, and the MRB is scheduled to be conducted July 25, 2024.

Attachment 2

ML24059A440 OFFICE NMSS/MSST/SLPB NMSS/MSST NMSS/MSST/SMPB NMSS/MSST NAME RJohnson RJLSmith LSAGiantelli AG TClark TC DATE Feb 28, 2024 Feb 29, 2024 Mar 1, 2024 Mar 8, 2024 OFFICE NMSS NAME JLubinski JL DATE Apr 1, 2024