ML25013A330
| ML25013A330 | |
| Person / Time | |
|---|---|
| Issue date: | 01/13/2025 |
| From: | Darren Piccirillo NRC/RGN-III |
| To: | Riesberg P State of IA, Dept of Health & Human Services |
| References | |
| Download: ML25013A330 (1) | |
Text
Patty Riesberg, Chief Bureau of Radiological Health Department of Health & Human Services 321 E 12th St Des Moines, IA 50319
SUBJECT:
IOWA FY25 IMPEP PERIODIC MEETING
SUMMARY
Dear Patty Riesberg:
A periodic meeting with Iowa was conducted with you and your staff on December 10, 2024.
The purpose of this meeting was to review and discuss the implementation of Iowas Agreement State Program. The Nuclear Regulatory Commission (NRC) was represented by David Curtis, Director, Division of Radiological Safety & Security; and Darren Piccirillo, Regional State Agreements Officer from NRCs Region III Office.
We have completed and enclosed a general meeting summary. If you feel that our comments or conclusions do not accurately summarize the meeting discussion, please contact me at (301) 807-5251, or via email at Darren.Piccirillo@nrc.gov to discuss your comments.
Sincerely, Darren W. Piccirillo Regional State Agreements Officer
Enclosure:
Periodic Meeting Summary for Iowa January 13, 2025 Signed by Piccirillo, Darren on 01/13/25
SUNSI Review
Non-Sensitive
Sensitive
Publicly Available
Non-Publicly Available OFFICE RIII/DRSS NAME DPiccirillo:dc DATE 01/13/2025
INTEGRATED MATERIALS PERFORMANCE EVALUATION PROGRAM PERIODIC MEETING WITH THE STATE OF IOWA TYPE OF OVERSIGHT: NONE December 10, 2024
2 PERIODIC MEETING PARTICIPANTS NRC David Curtis: Director, Division of Radiological Safety & Security, NRC Region III.
Darren Piccirillo: Regional State Agreements Officer, NRC Region III.
State of Iowa Ken Sharp, Director, Division of Acute Disease, Prevention, Emergency Response, and Environmental Health.
Patty Riesberg, Bureau Chief, Bureau of Radiological Health.
Stuart Jordan, Health Physicist.
Amanda Hughs, Health Physicist.
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 Iowa. The meeting was held in person on December 10, 2024, and was part of the Integrated Materials Performance Evaluation Program (IMPEP) review. It was conducted in accordance with NMSS Procedure SA-116 Periodic Meetings between IMPEP Reviews, dated June 3, 2009.
The Iowa Agreement State Program is administered by the Department of Health and Human Services, Division of Public Health, and the Bureau of Radiological Health (the Bureau).
At the time of the periodic meeting, the Iowa Agreement State Program (the Program) regulated 125 specific licenses authorizing possession and use of radioactive materials.
The review focused on the radioactive materials 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 Iowa.
Governor signed Executive Order 10 (EO10) which requires a complete red tape review of all Iowa Administrative Code including the use of radioactive materials. This order imposes a rule writing moratorium until the red tape process has been complete. It is Iowas intention to adopt 10 CFR by reference for the red tape review. No changes have occurred to the Agreement State programs budget/funding and the continues to be able to protect public health and safety at current funding levels. The programs fees are set in statute.
The Program last underwent a full IMPEP review from June 27-30, 2022 (ML22285A173). A Management Review Board (MRB) meeting to discuss the outcome of the IMPEP review was held on October 6, 2022.
During the October 6, 2022, MRB meeting, the Iowa 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 the previous review for the team to consider. Accordingly, the team recommended, and the MRB agreed, that the Iowa 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 full IMPEP review will take place in approximately five years with a periodic meeting in approximately two years.
2.0 COMMON PERFORMANCE INDICATORS Five common performance indicators are used to review the NRC 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.
4 2.1 Technical Staffing and Training (2021 IMPEP Rating: Satisfactory)
Iowa is composed of three staff members and a Bureau Chief, which equals three full-time equivalents for the radioactive materials radiation control program when fully staffed. Currently, there are no vacancies, but only one qualified inspector and license reviewer. During the review period, four of the staff members left the program and two staff members were hired and have begun their initial qualification training. At this time, once the new staff complete their inspection and licensing qualifications, the technical FTEs allocated towards the materials program will be deemed adequate.
The previous Bureau Chief of Radiological Health left Iowa HHS in January 2023.
Technical staff from the mammography and x-ray machines program was promoted to the Bureau Chief position in February 2023. The previous Radioactive Materials (RAM)
Unit supervisor retired from Iowa HHS in July 2022. One of the two technical staff was promoted to the position in June 2023. This RAM Unit supervisor left from Iowa HHS in April 2024, and the Iowa HHS transition to other technical staff is ongoing. Two program staff have left the RAM Unit, one in January 2023, and one in April 2024. Two new license reviewer/inspector positions were filled, one in April 2024 and one August 2024.
Iowa currently only has one qualified license reviewer and inspector but will be considered fully staffed once the new staff complete their inspection and licensing qualifications.
Iowa has a training and qualification program compatible with the NRCs IMC 1248.
Initial qualification training is primarily through the NRCs Agreement State staff training program and supplemented by Iowa HHS policies/procedures and Iowa Administrative Code. All training, including the required 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> refresher training for qualified staff, is tracked by the supervisor and documented in the individuals qualification journal.
2.2 Status of the Materials Inspection Program (2021 IMPEP Rating: Satisfactory)
There has been no policy change to inspection frequencies and Iowa inspects at a frequency at least as frequent as the NRC.
The Program performed 120 inspections during the review period (July 1, 2022 - December 2, 2024). A total of 74 of these were routine priority 1, 2, 3, and initial inspections; 42 were priority five, and four were non-routine/special inspection.
No inspections have been identified as overdue since the last IMPEP review, and Iowa does not have any inspections that are currently overdue.
Iowa implemented IMC 2800 in determining reciprocity candidates. This process allows Iowa staff to request information from the licensing authority about a reciprocity applicant and dependent on the answers provided, a value is assigned based on perceived risk. If the applicant becomes a candidate for inspection in that calendar year, Iowa will attempt to perform a reciprocity inspection at a temporary job site. In 2022, 28 reciprocity authorizations were granted, one inspected (out of nine candidates identified). In 2023 to date, 58 reciprocity authorizations granted, one inspected (out of eight candidates identified). In 2024 to date, 39 reciprocity authorizations granted, three inspected (out of eleven candidates identified).
5 2.3 Technical Quality of Inspections (2021 IMPEP Rating: Satisfactory)
In 2022, inspector accompaniments were conducted for both qualified inspectors.
In 2023, inspector accompaniments were conducted for both qualified inspectors.
In 2024, accompaniments were conducted for the only qualified inspectors.
Inspector accompaniments are usually performed once per year for fully qualified inspectors and multiple times for a new inspectors qualification on an inspection type.
2.4 Technical Quality of Licensing Actions (2021 IMPEP Rating: Satisfactory)
The Program had approximately 125 specific licensees at the time of the periodic meeting. There are 59 general licenses required to submit an annual inventory report (mainly fixed gauge licenses). The Program completed 178 total licensing actions performed as of 12/02/2024, which includes six new license application, 57 license renewals, 109 license amendments, and six license terminations.
There is one license under timely renewal. There are zero pending applications that are over one year for renewal. The goal for renewals is 30 days to submit a draft license for review or issue a deficiency letter/email. This has increased due to the complexity of certain renewals and training new staff in licensing processes.
2.5 Technical Quality of Incident and Allegation Activities (2021 IMPEP Rating: Satisfactory)
The Program has procedures in place that are equivalent to the event reporting requirements delineated in SA-300. These procedures remain unchanged from the 2022 IMPEP review. Since the 2022 IMPEP review, the Program had reported nine total events to the NRC. All events which required reporting were communicated to NRC in compliance with SA-300 reporting timelines. The event response, by both the state of Iowa and the licensee, was otherwise appropriate and all nuclear material was maintained in a safe and secure condition. Following receipt of the licensees written reports (if applicable) and determination of root cause, events are closed in a timely manner. NMED showed a total of zero open event as of 12/02/24, and the Program had zero open events at time of the Periodic Meeting.
When notified of an incident, Iowa management and staff discuss the incident and determine the appropriate level of response, which can range from an immediate response to a review of the incident during the next routine inspection. Those determinations are made based on both the circumstances and the health and safety significance of the incident. Iowas evaluation of incident notifications and its response to those incidents was thorough, complete, and comprehensive.
6 The Program uses procedures equivalent to the NRCs allegation procedures for processing allegations. Since the 2022 IMPEP review, the program received and responded to a total of one allegation, which was referred by NRC. The alleger was satisfied with the response, the documentation, and this closed Iowas allegation investigation.
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 Program. The NRCs Agreement with Iowa retains regulatory authority for sealed source and device evaluations, low-level radioactive waste disposal, and uranium recovery; therefore, only the first non-common performance indicator applied to this Periodic Meeting.
3.1 Legislation, Regulations, and Other Program Elements (2021 IMPEP Rating: Satisfactory)
Regarding the States administrative rulemaking process, the Governor signed Executive Order 10 (EO10) which requires a complete red tape review of all Iowa Administrative Code including the use of radioactive materials. This order imposes a rule writing moratorium until the red tape process has been complete. Iowa HHS has had staff turnover which focused their priorities to inspections and licensing actions. Iowa HHS will be working on this red tape review over the next few months with an implementation timeline by 2026. Iowas rules and regulations are not subject to sunset laws.
There are currently six outstanding regulatory amendments (2020-1 due 6/16/2023, 2020-2 due 8/17/2023, 2020-3 due 11/16/2023, 2021-1 due 09/08/24, 2021-2 due 12/30/24, and 2023-1 due 09/25/2026). RATS 2022-1 and 2022-2 are not required for compatibility. Due to the Governors Executive Order 10 (EO-10), Iowa HHS is on a rule writing moratorium until a complete red tape review is completed. This has impacted the RAM programs ability to make regulatory amendments to be compatible with NRC regulations. Other than referenced above, it is Iowas intention to adopt the 10 CFR by reference for the red tape review. This will reduce the amount of staff time for rule writing and assist in keeping Iowa compatible with NRC regulations.
4.0
SUMMARY
The Iowa Agreement State program continues to be an effective and well managed Agreement State program. The Program is effectively managing its licensing and inspection activities, even in the aftermath of the COVID-19 PHE. The Program responds to events as appropriate, and they currently have six outstanding regulatory amendments. Based on the information discussed during the Periodic Meeting, NRC staff recommends that the next IMPEP review for the Iowa Agreement State Program be conducted as scheduled in 2027. The Program did not request a Special MRB.