ML25002A211
| ML25002A211 | |
| Person / Time | |
|---|---|
| Issue date: | 01/22/2025 |
| From: | Randy Erickson NRC/RGN-IV/DRSS |
| To: | Grice J State of CO, Dept of Public Health & Environment |
| References | |
| Download: ML25002A211 (1) | |
Text
James Grice, Manager Radiation Control Program Hazardous Material & Waste Management Division Colorado Department of Public Health & Environment HMWMD-RAD-B2 4300 Cherry Creek Drive South Denver, Colorado 80246-1530
SUBJECT:
COLORADO 2024 PERIODIC MEETING
SUMMARY
Dear Mr. Grice:
A periodic meeting with you and your staff was held on October 29, 2024. The purpose of this meeting was to review and discuss the status of the Colorado Agreement State Program. The U.S. Nuclear Regulatory Commission (NRC) was represented virtually by Tamara Bloomer, Director, Division of Radiological Safety and Security, NRC Region IV, and in person by Robert Johnson, Senior Project Manager, Office of Nuclear Material Safety and Safeguards, and me.
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 Division of Radiological Safety and Security
Enclosure:
Colorado Periodic Meeting Summary cc: Phillip Peterson, Unit Leader Colorado Department of Public Health & Environment January 22, 2025 Signed by Erickson, Randy on 01/22/25
Enclosure INTEGRATED MATERIALS PERFORMANCE EVALUATION PROGRAM PERIODIC MEETING WITH THE STATE OF COLORADO TYPE OF OVERSIGHT: NONE October 29, 2024
2 PERIODIC MEETING PARTICIPANTS NRC Tamara Bloomer, Director, Division of Radiological Safety and Security, Region IV Randy Erickson, State Agreements Officer, Region IV Robert Johnson, Senior IMPEP Project Manager, NMSS State of Colorado James Grice, Manager, Radiation Control Program Phillip Peterson, Unit Leader, Radiation Control Program
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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 Colorado. The meeting was held on October 29, 2024, and was conducted in accordance with the Nuclear Materials Safety and Safeguards (NMSS) Procedure SA-116, Periodic Meetings between IMPEP Reviews, dated June 3, 2009.
The Colorado Agreement State Program is administered by the Radiation Control Program (the Program). The Program is part of the Hazardous Materials & Waste Management Division, within the Department of Public Health and Environment. At the time of the meeting, the Colorado Agreement State Program regulated approximately 300 specific radioactive materials licensees authorizing the possession and use of radioactive materials. The review focused on the Colorado 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 Colorado.
The program is fee funded. Fees are collected and go into the general revenue with a yearly appropriation made for the program. The program reported that their last fee increase was in 2015. Fees are reviewed every few years and adjusted based on workload and program costs; however, any fee adjustments must comply with the Colorado Taxpayers Bill of Rights provisions which constitutionally limits the amount of revenue that a state and local government can collect and spend. The agency cannot reallocate funds; however, the Governor can reallocate funds during an emergency using an executive order. The legislature can also reallocate funds through normal legislative actions.
The program last underwent an Integrated Materials Performance Evaluation Program (IMPEP) review from May 2-6, 2022, available in the NRCs Agencywide Documents Access and Management System Accession Number ML22229A153. A Management Review Board (MRB) meeting to discuss the outcome of the IMPEP review was held on August 9, 2022.
During the August 9, 2022, MRB meeting, the Colorado 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 Colorado 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. This report summarizes that periodic meeting.
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 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.
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2.1 Technical Staffing and Training (2022 IMPEP Rating: Satisfactory)
The materials section when fully staffed is comprised of 14 total staff of which 12 are full-time equivalents (FTE). This includes 0.5 FTE for the program manager, 1 FTE for the unit leader, 3 FTE for work leads (1 inspection, 1 licensing, 1 uranium recovery), 6 FTE for the technical staff (inspector/license reviewers), 1 FTE for the general license program, 0.25 FTE for the Technologically Enhanced Naturally Occurring Radioactive Material (TENORM) program and 0.25 FTE for the regulations lead. At the time of the meeting, the materials section had no vacancies.
Since the 2022 IMPEP review, one work lead left the program for other opportunities and one staff member was promoted to the team lead position leaving an entry level position, which the program quickly filled. The program also reported that two additional staff are considering retirement but as of the date of the meeting, neither had made formal notification to program management.
Following the 2022 IMPEP review, the program added one new position that oversees TENORM registrations. This staff member also performs limited licensing for licenses that involve drinking water. They also perform limited portable gauge licensing, primarily for training purposes. The program reported that there are currently no organizational changes being planned for the program.
The program reported they have a training and qualification plan program that is consistent with NRCs Inspection Manual Chapter (IMC) 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. The program reported that Colorado has a stable training program, and that staff have been able to get into necessary training to be able to perform their job duties.
The program also recently received a Letter of Intent from a company wishing to develop a new uranium milling operation in Colorado. The program noted that they will need to increase staffing in this area and requested additional seats in the upcoming 2025 training program. This request was conveyed by NRC staff to NRCs Technical Training Center.
2.2 Status of the Materials Inspection Program (2022 IMPEP Rating: Satisfactory)
The programs reported that their inspection frequencies are the same as the NRCs inspection frequencies identified in IMC 2800, Materials Inspection Program. At the time of the meeting, the program reported that since the 2022 IMPEP review, they had started a total of 118 routine Priority 1, 2 and 3 inspections with none having been performed overdue. They had also started a total of 18 initial inspections with none having been performed overdue.
Colorado has an inspection procedure that incorporates both risks informed as well as prescriptive aspects. The programs inspection procedure requires that each inspector performs one reciprocity inspection each calendar year with a focus on Priority 1, 2 or 3, inspections. The program reported that since the 2022 IMPEP review, Colorado performed a total of five reciprocity inspections in 2022, six reciprocity inspections in 2023, and three reciprocity inspections in 2024 through October 22, 2024. Inspection findings are routinely sent to licensees within 30 days of the inspection exit.
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2.3 Technical Quality of Inspections (2022 IMPEP Rating: Satisfactory)
The Program uses inspection procedures that are consistent with the inspection guidance outlined in IMC 2800. Inspection findings may be issued in the field by the inspection staff using pre-established criteria and are issued on a Colorado Form 59, which is similar to the NRCs Form 591.
For inspections that have four or less minor violations, inspectors can issue a Form 59 describing the violations. Alternatively, instead of issuing a Form 59 in the field, inspectors may choose to draft a Notice of Violation letter, which is issued from the office and goes out under the compliance work leads signature. Inspection reports are created summarizing the information reviewed and are also submitted to the compliance work lead for review. Inspections that have five or more violations, or any violations that may lead to escalated enforcement action, are required to have a letter drafted by the inspector and signed out by the compliance work lead.
Licensee replies are evaluated by the inspector and compliance work lead to determine if the corrective actions are appropriate. Any clarification on the corrective actions are initiated by the inspector. After the corrective actions are deemed to be appropriate by the inspector and compliance work lead, an acknowledgement letter is drafted that either affirms or dismisses the violations. This letter is signed by the unit lead and closes the inspection. Any escalated enforcement actions are decided upon by the unit leader in consultation with the inspector and compliance work lead, and signed out by the unit leader.
Inspector accompaniments continue to be performed for everyone performing inspections on an annual basis. Senior management has delegated the accompaniments to be performed by the compliance work lead. The compliance work lead is accompanied annually by the unit lead position.
2.4 Technical Quality of Licensing Actions (2022 IMPEP Rating: Satisfactory)
The program had approximately 300 specific licensees at the time of the periodic meeting. The inspection staff also performs all licensing actions, which after completion are signed out by the unit leader. Since the 2022 IMPEP review, the program completed 710 licensing actions, which includes 465 license amendments, 125 license renewals, 25 new license applications, 36 license terminations, and 59 document reviews.
The program also reported that licensing guidance used by the materials section is equivalent to the NRCs NUREG-1556 Series guidance, Pre-licensing Guidance, and Risk-Significant Radioactive Materials Checklist.
All generally licensed devices in Colorado are controlled by the program. The program requires all generally licensed devices to be registered, and the licensees must update their inventory through a self-certification on an annual basis. The program reported 33 lost generally licensed devices to the NRCs Headquarters Operations Officer (HOO) between the 2022 IMPEP review and the date of the periodic meeting.
The program reported that the tracking and oversight of generally licensed devices, specifically tritium exit signs, continues to be a challenge. Tritium exit signs, while considered to be of low safety significance due to their emission of low energy beta radiation, are registered and tracked by Colorado as part of their generally licensed registration program. Obtaining proper, clear, and
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accurate information from manufacturers regarding where and to whom devices are being distributed continues to be challenging. This is compounded by the involvement of intermediate persons who may at times not install these items at the intended place of use and are difficult to track. The manufacturers and distributors of these devices are typically not licensed in Colorado and as a result if there are issues, the program does not have an adequate level of oversight for those programs in order to effect change.
2.5 Technical Quality of Incident and Allegation Activities (2022 IMPEP Rating:
Satisfactory)
The Colorado Agreement State Program has procedures and processes in place to maintain effective responses to incidents and allegations. When an event is reported to the program, the program evaluates the event to determine its health and safety significance and then decides 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 2022 IMPEP review, the program reported a total of 25 non-generally licensed events to the Nuclear Material Events Database (NMED) database. At the time of the periodic meeting, six of the events remained open. Although the program reported that all of them had been reviewed with some being complete and ready to be closed in NMED, with others ready to be closed pending closure of enforcement action, and some were still open and being actively worked.
When an event is received requiring reporting to the NRCs Headquarters Operations Officer (HOO), those events are identified, HOO reporting is performed within the required time frame, and in accordance guidance found in SA-300.
Three allegations were received from the NRC since the 2022 IMPEP review, and three additional allegations were received directly by Colorado. They were all evaluated, investigated, and closed. When allegations are received, they are reviewed and investigated by the program, 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 Colorado relinquishes regulatory authority for all but the LLRW Program, so three non-common performance indicators were discussed.
3.1 Legislation, Regulations and Other Program Elements (2022 IMPEP Rating:
Satisfactory)
The program reported that since the 2022 IMPEP review, there had been no legislative actions passed that impacted the program. The program further reported that at the time of the meeting, that no regulatory amendments were currently overdue, and none had been submitted overdue.
The program reported that regulations applicable to the Colorado Agreement State Program are not subject to sunset requirements.
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During the 2022 IMPEP review, the team reviewed guidance documents that Colorado uses to meet the requirements of other program elements (e.g., Pre-Licensing Guidance, Inspection Procedures, etc.) that the NRC has designated as necessary for the maintenance of an adequate and compatible program. During the review, the team found that all documents reviewed were compatible. The program reported that their inspection procedure was updated in April 2024 to reflect the applicable changes made to IMC 2800 and their sensitive document procedure is in the process of being revised, but is currently delayed due to potential NRC implementation of Controlled Unclassified Information requirements.
3.2 SS&D Evaluation Program (2022 IMPEP Rating: Satisfactory)
While Colorados agreement with the NRC authorizes an SS&D program, Colorado does not have a highly active program. Currently they have three active SS&D manufacturers/distributors, three qualified SS&D reviewers, and six additional staff who have attended the NRCs SS&D workshop. During the previous IMPEP review period, they did not perform any SS&D actions, nor did they perform any actions between the 2022 IMPEP review and the date of the periodic meeting. The program reported that the lack of licensing actions has prevented formal certification of the staff. The program further reported that should they receive a complex action; they will reach out to other state programs with more active programs for assistance.
3.3 UR Program (2022 IMPEP Rating: Satisfactory)
The program reported that the UR program has two FTE assigned to the UR program which breaks down to 0.5 FTE for a program manager, 1 FTE as a work lead, and 0.25 FTE for TENORM, and 0.25 FTE for a regulations lead. Four additional staff are currently working towards qualification in anticipation of a new uranium milling operation as noted earlier in this report.
The work lead performs all licensing, inspections, technical reviews, and project management of the UR program. The UR program also has access to individuals from within the program and others in the Hazardous Materials and Waste Management Division, and the Department for technical support if needed. There were no vacancies at the time of the meeting.
The program reported that since the 2022 IMPEP review, no inspections were performed overdue even with increased oversight of the Canon City Mill site which now includes monthly site visits in addition to their annual inspection. Program managers perform annual inspector accompaniments of the work lead.
The program reported that any incidents or allegations are assigned to the work lead who gets help from the inspection staff if needed.
Updates on the following sites:
There were no operational facilities in the State at the time of the 2022 IMPEP review except for the Cotter Corporation Schwartzwalder Mine, which is a water treatment facility. All the remaining facilities were in standby, storage-only, or decommissioning status and not operational at the time of the periodic meeting.
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UR sites:
Colorado Legacy Land (CLL) (Cotter) Canon City Mill 2018 IMPEP Review: The site ownership was just transferred from Cotter Corporation to CLL, LLC, in March 2018.
2020 Periodic Meeting: The program continues working with the Remediation Program of the Department and Environmental Protection Agency (EPA) to oversee the site decommissioning following the Superfund process. Colorado Legacy Land is currently working on preparing the draft Remedial Investigation Report. No remedial action has been approved and conducted. Current site activities include routine site inspections, dust control, occupational and environmental monitoring, and recordkeeping and reporting.
2024 Periodic Meeting: CLL stopped performing work at the site in April of 2023. The program claimed the financial assurance warranty and has been operating the site since that time. Interim remedial/decommissioning operations include the operation of a ground water pump back system to prevent off-site migration of potentially contaminated groundwater, site security, and environmental monitoring. Compliance and enforcement activities are in process (two compliance orders were issued in 2023 and additional enforcement actions are currently pending). The site and surrounding areas are listed on the CERCLA Superfund National Priorities List and the previously licensed company, Cotter Corp., is currently working with the EPA on the RI/FS portion of the CERCLA process.
Umetco Uravan Mill 2018 IMPEP Review: The program continued working on the Completion Review Report (CRR) and working with EPA to implement the Superfund process.
2020 Periodic Meeting: A Record of Decision for Uravans institutional controls was issued by the EPA and the Department in June 2018. The program continues working with the EPA, Umetco, the U.S. Department of Energy (DOE), the U.S. Bureau of Land Management, and Montrose County to implement the long-term institutional controls. The program is also working on the CRR.
2024 Periodic Meeting: Environmental covenants have been placed on all affected portions of land and the program is currently working with Umetco on the draft CRR.
Hecla Durita Mill 2018 IMPEP Review: the NRC was reviewing the Durita CRR.
2020 Periodic Meeting: the NRC is reviewing the Durita CRR, but should complete the review in the near future. The DOE requested a few items of action to be taken by Hecla before DOE can accept the site transfer; the program will be working with Hecla to address these items. The DOE continues working with the NRC to address the long-term care fund issue.
2024 Periodic Meeting: The program is preparing the termination license and is awaiting word from the NRC for termination which is expected sometime in 2025.
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Sweeney Mill 2018 IMPEP Review: The Sweeney Mill was closed and stable with no funding available.
2020 Periodic Meeting: In November 2019, the program learned that Mr. Gordon Sweeney, the primary (and potentially only) responsible individual passed away; however, the corporation still exists as it was never legally closed. The program has taken steps to place a Restrictive Notice on the property to prevent the property from being sold or manipulated to disturb the mill tailings on the property.
2024 Periodic Meeting: The site is under an environmental covenant and is stable.
Uranium decay chain contamination sites:
CLL Schwartzwalder Mine 2018 IMPEP Review: The site ownership was just transferred from Cotter Corporation to Colorado Legacy Land CLL, LLC, in March 2018.
2020 Periodic Meeting: The mine is primarily regulated under a mine reclamation permit issued by Colorado Division of Reclamation, Mining, and Safety. The site has also been under a radioactive materials license for water treatment of uranium. The site is a former uranium mine site and is being remediated by removing uranium from groundwater.
2024 Periodic Meeting: CLL has ceased operation of the water treatment facility, and the state (Department of Natural Resources) has taken over that responsibility under a separate materials license. The program is currently pursuing enforcement action.
Homestake Mining 2018 IMPEP Review: The mine site was in standby awaiting mine reclamation and closure.
2020 Periodic Meeting: The mine is primarily regulated under a mine reclamation permit issued by Colorado Division of Reclamation, Mining, and Safety. The site has also been under a radioactive materials license for possession of water treatment residual containing naturally occurring uranium and its progeny from past water treatment activity on-site. A license amendment was issued to authorize pilot testing of water treatment to reduce the uranium concentrations at the water discharge point. Another license amendment was issued in February 2019 for a modification to the pilot water treatment system. The pilot water treatment is ongoing. Mine reclamation continues being in standby status.
2024 Periodic Meeting: The licensee continues to treat mine water and there are no new developments.
3.4 LLRW Disposal Program (2022 IMPEP Rating: Satisfactory)
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 Colorado 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
Colorado Periodic Meeting Summary 10 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 Colorado.
4.0
SUMMARY
The program continues to be an effective and well managed agreement state program.
Currently there are no vacancies. The program is effectively managing its licensing and inspection activities well. The program will respond to events as appropriate, and they currently have no overdue regulation amendments.
The NRC staff recommends that the next IMPEP review for the Colorado program be conducted as scheduled in 2027. The program did not request a Special MRB.
ML25002A211 OFFICE R-IV/DNMS/MIB NAME RErickson DATE Jan 22, 2025