ML24088A026
| ML24088A026 | |
| Person / Time | |
|---|---|
| Issue date: | 03/28/2024 |
| From: | Randy Erickson NRC/RGN-IV/DRSS |
| To: | Goretzki B State of AZ, Dept of Health Services, Bureau of Radiation Control |
| References | |
| Download: ML24088A026 (1) | |
Text
Brian Goretzki, Chief Bureau of Radiation Control Arizona Department of Health Services 4814 South 40th Street Phoenix, Arizona 85040
SUBJECT:
ARIZONA 2022 PERIODIC MEETING
SUMMARY
Dear Mr. Goretzki:
A periodic meeting with Arizona was conducted on April 14, 2022. The purpose of this meeting was to review and discuss the implementation of Arizonas Agreement State Program. The Nuclear Regulatory Commission (NRC) was represented by Mary Muessle, Director, Division of Nuclear Materials Safety, RIV, and I.
I have completed and enclosed a general meeting summary. If you feel that our comments, conclusions, or actions to be taken do not accurately summarize the meeting discussion, or have any additional remarks about the meeting in general, please contact me at (817) 200-1143 or via email at Randy.Erickson@nrc.gov to discuss your concerns.
Sincerely, Randy Erickson Regional State Agreements Officer
Enclosure:
Arizona Periodic Meeting Summary March 28, 2024 Signed by Erickson, Randy on 03/28/24
Enclosure INTEGRATED MATERIALS PERFORMANCE EVALUATION PROGRAM PERIODIC MEETING WITH THE STATE OF ARIZONA TYPE OF OVERSIGHT: NONE April 14, 2022
2 PERIODIC MEETING PARTICIPANTS NRC Mary Muessle: Director, DRSS, NRC Region IV Randy Erickson: RSAO, DRSS, NRC Region IV State of Arizona Brian Goretzki, Chief, Bureau of Radiation Control.
Arizona Periodic Meeting Summary 3
1.0 INTRODUCTION
This report presents the results of the periodic meeting held between the U.S. Nuclear Regulatory Commission (NRC) and the State of Arizona. The meeting was held on April 14, 2022, and was conducted in accordance with Nuclear Materials Safety and Safeguards (NMSS) State Agreement Procedure (SA) SA-116, Periodic Meetings between IMPEP Reviews, dated June 3, 2009.
The Bureau of Radiation Control (the Bureau) is administered by the Arizona Department of Health Services. As noted during the 2019 IMPEP review, on December 31, 2017, the Agreement State Program transferred from the Arizona Radiation Regulatory Agency to the Arizona Department of Health Services. At the time of the periodic meeting, the Bureau identified several positive impacts to the Agreement State Program as a result of this transfer.
At the time of the meeting, the Arizona Agreement State Program regulated approximately 353 specific radioactive materials licensees authorizing the possession and use of radioactive materials. The discussion focused on the Arizona Agreement State Program as it is carried out under the Section 274b (of the Atomic Energy Act of 1954, as amended) Agreement between the NRC and the State of Arizona.
The Program is now fee funded. Prior to the transfer to the Arizona Department of Health Services (Department), fees were infrequently adjusted and remained low, which resulted in difficulties in hiring and retaining staff. Fees were collected and went into general revenue where an annual appropriation was made for the Agency (now Department). Under the Department, the program has a dedicated fund, and as of the time of the periodic meeting, fees had already been increased by 105-110 percent.
While this resulted in more revenue for the Bureau, they still had low salaries which resulted in difficulty in hiring and retaining staff. They were working on increasing the salaries and implementing a stepwise program that would allow an employee to progress through a pathway as they became more qualified.
The Program last underwent an Integrated Materials Performance Evaluation Program (IMPEP) review from November 18-21, 2019. The report is located in the NRCs Agencywide Documents Access and Management System Accession Number ML20052C847. A Management Review Board (MRB) meeting to discuss the outcome of the IMPEP review was held on February 13, 2020.
During the February 13, 2020, MRB meeting, the Arizona Agreement State Programs performance was found to be satisfactory for all indicators reviewed. The team made no new recommendations and there were no open recommendations from previous review for the team to consider. Accordingly, the team recommended, and the MRB agreed, that the Arizona Agreement State Program is adequate to protect public health and safety and compatible with the NRC's program. The team recommended, and the MRB agreed, that the next IMPEP review will take place in approximately 5 years with a periodic meeting in approximately 2.5 years.
2.0 COMMON PERFORMANCE INDICATORS Five common performance indicators are used to review the NRCs Regional Office and Agreement State radioactive materials programs during an IMPEP review. These
Arizona Periodic Meeting Summary 4
indicators are: (1) Technical Staffing and Training, (2) Status of Materials Inspection Program, (3) Technical Quality of Inspections, (4) Technical Quality of Licensing Actions, and (5) Technical Quality of Incident and Allegation Activities.
2.1 Technical Staffing and Training (2019 IMPEP Rating: Satisfactory)
The Program is comprised of five staff members including the Bureau Director and four health physicists who collectively perform all licensing and inspection related activities which equals 4.5 full-time equivalents for the radiation control program when fully staffed.
They also use the services of a rehired annuitant who retired from the program and returned on a part-time basis only performing 5-7 inspections each month. At the time of the meeting, the materials program had one vacancy.
The Program has a training and qualification plan program that is consistent with NRCs Inspection Manual Chapter (IMC) 1248, Qualification Programs for Federal and State Materials and Environmental Management Programs. Program management tracks continuing education requirements of 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> every 2 years and provides ample opportunities for staff to fulfill this requirement.
2.2 Status of the Materials Inspection Program (2019 IMPEP Rating: Satisfactory)
The Programs inspections (with the exception of mobile medical service which is equivalent to NRCs frequency), are performed more frequently than the frequencies identified in IMC 2800. At the time of the periodic meeting, 50 inspections had been completed on time since the 2021 IMPEP review and none were overdue.
The Bureau reported they conducted 308 Priority 1, 2, and 3 inspections since the 2019 IMPEP review and of those 31 were initial inspections. None of the inspections had been performed overdue and at the time of the periodic meeting, none were currently overdue.
The Bureau did not have any problems performing inspections during the pandemic. They announced all hospital inspections, did not perform any virtual inspections, and were able to perform all inspections without performing any overdue.
The Bureau had previously revised their reciprocity inspection guidance to align with the latest revision of IMC 2800 making their approach risk informed. The Bureau reported that since the 2019 IMPEP review, they performed 25 reciprocity inspections. The Bureau also reported that inspection findings are routinely sent to licensees within 30 days of the inspection exit.
2.3 Technical Quality of Inspections (2019 IMPEP Rating: Satisfactory)
The Program uses inspection procedures that are consistent with the inspection guidance outlined in IMC 2800. The Bureau Director performs a minimum of 5-10 inspector accompaniments for each inspector each year regardless of their qualification status. All inspection reports are peer reviewed by other staff and then signed by the Bureau Director.
Arizona Periodic Meeting Summary 5
2.4 Technical Quality of Licensing Actions (2019 IMPEP Rating: Satisfactory)
The Bureau reported that their license templates, procedures, regulatory guides, pre-licensing guidance and risk significant radioactive materials checklists are equivalent to the NRCs guidance documents. The Bureau had approximately 353 specific licensees at the time of the periodic meeting. The inspection staff also performs all licensing actions, which after completion are peer reviewed and then signed by the Bureau Director. Since the 2019 IMPEP review, the Bureau completed 593 licensing actions. Staff also performed pre-licensing inspections on all new licensees without exception. No licenses are delivered at the time of pre-licensing visits. All licenses are mailed only after a pre-licensing visit has taken place and the license has undergone peer review.
2.5 Technical Quality of Incident and Allegation Activities (2019 IMPEP Rating: Satisfactory)
The Arizona Agreement State Program has procedures and processes in place to maintain effective responses to incidents and allegations. When an event is reported to the Bureau, it is evaluated to determine its health and safety significance and then a decision is made on the appropriate response. That response can range anywhere from responding immediately to reviewing the event during the next inspection. When an event is determined to have high health and safety significance, inspectors are dispatched immediately.
Since the 2019 IMPEP review, the Bureau reported a total of 22 events to the NMED database. At the time of the periodic meeting, only 3 remained open. The Bureau also reported that when an event is received requiring reporting to the NRCs Headquarters Operations Officer (HOO), those events are identified, and HOO reporting is performed within the required time frame and in accordance with the guidance found in SA-300.
Only one allegation was referred from the NRC since the 2019 IMPEP review and that investigation was still ongoing. The Bureau reported that when allegations are received, they are reviewed and investigated by the Bureau, concerned individuals are notified of the actions taken, and allegers identities are protected whenever possible in accordance with state law.
3.0 NON-COMMON PERFORMANCE INDICATORS Four non-common performance indicators are used to review Agreement State programs:
(1) Compatibility Requirements, (2) Sealed Source and Device (SS&D) Evaluation Program, (3) Low-Level Radioactive Waste Disposal (LLRW) Program, and (4) Uranium Recovery (UR) Program. The NRCs Agreement with Arizona relinquishes regulatory authority for the UR and the LLRW Programs, so only two non-common performance indicators were discussed.
3.1 Legislation, Regulations and Other Program Elements (2019 IMPEP Rating: Satisfactory)
The Program reported that there had been no legislative actions since the 2019 IMPEP review that impacted the Program. The Program further reported that at the time of the meeting that one regulation package containing 6 RATS IDs was overdue. To expedite the
Arizona Periodic Meeting Summary 6
package, the Bureau had submitted an exemption request to the Governors office and at the time of the periodic meeting was awaiting a response. The Arizona Agreement State Program is subject to sunset requirements. The team noted that Arizonas rules and regulations are subject to sunset laws. Each regulation must be reviewed at an interval not to exceed 5 years and positively acted on to remain in effect.
3.2 SS&D Evaluation Program (2019 IMPEP Rating: NR)
Although Arizona has authority to conduct SS&D evaluations for byproduct, source, and certain special nuclear materials, Arizona did not conduct any SS&D evaluations since the 2019 IMPEP review, nor did they have any pending applications for an SS&D evaluation.
3.3 LLRW Disposal Program (2019 IMPEP Rating: NR)
In 1981, the NRC amended its Policy Statement, "Criteria for Guidance of States and NRC in Discontinuance of NRC Regulatory Authority and Assumption Thereof by States Through Agreement," to allow a State to seek an amendment for the regulation of LLRW as a separate category. Although the Arizona Agreement State Program has LLRW disposal authority, the NRC has not required States to have a program for licensing a LLRW disposal facility until such time as the State has been designated as a host State for a LLRW disposal facility. When an Agreement State has been notified or becomes aware of the need to regulate a LLRW disposal facility, they are expected to put in place a regulatory program which will meet the criteria for an adequate and compatible LLRW disposal program. There are no plans for a LLRW disposal facility in Arizona.
4.0
SUMMARY
The Program continues to be an effective and well managed Agreement State program. At the time of the periodic meeting, they had one vacancy. The Program is effectively managing its licensing and inspection activities well. The Program responds to events as appropriate, and they reported they currently have only one overdue regulation package.
The NRC staff recommends that the next IMPEP review for the Arizona Program will be conducted in 2024. The Program did not request a Special MRB.