ML25079A087
| ML25079A087 | |
| Person / Time | |
|---|---|
| Issue date: | 03/24/2025 |
| From: | Jackie Cook NRC/RGN-III/DRSS |
| To: | Forbes A State of TX, Commission on Environmental Quality |
| References | |
| Download: ML25079A087 (1) | |
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Ashley Forbes, Deputy Director Radioactive Materials Division Texas Commission on Environmental Quality P.O. Box 13087, MC 233 Austin, TX 78711-3087
SUBJECT:
TEXAS CEQ PERIODIC MEETING
SUMMARY
Dear Ashley Forbes:
A periodic meeting was held with you and your staff on March 20, 2024, at your office in Austin, Texas. The purpose of this meeting was to review and discuss the status of the Texas Agreement State Program. The scope of the meeting was limited to activities conducted by the Texas Commission on Environmental Quality (TCEQ). The U.S. Nuclear Regulatory Commission was represented by Tammy Bloomer, Division Director, Division of Radiological Safety and Security, and me.
I have completed and enclosed a general meeting summary, including any specific actions resulting from discussions. Based on the criteria established in Section IV.D.1 of the Office of Nuclear Material Safety and Safeguards Procedure SA-116 Periodic Meetings between IMPEP Reviews, a Management Review Board meeting for this periodic meeting is not required at this time.
If you feel that our conclusions do not accurately summarize the meeting discussion or have any additional remarks about the meeting in general, please contact me at 817-200-1132, or by email at Jackie.Cook@nrc.gov.
Sincerely, Jacqueline D. Cook Regional State Agreements Officer Division of Radiological Safety and Security
Enclosure:
TCEQ Periodic Meeting Summary March 24, 2025 Signed by Cook, Jacqueline on 03/24/25
cc: Alisha Stallard, Health Physicist and Special Assistant to the Deputy Director Kevin Myers, Senior Health Physicist/Technical Specialist Chance Goodin, Manager Radioactive Materials Section Lana Dsouza, Radioactive Materials Compliance and Chemical Reporting Manager, Critical Infrastructure Division Kelly Cook, Deputy Director Critical Infrastructure Division
INTEGRATED MATERIALS PERFORMANCE EVALUATION PROGRAM PERIODIC MEETING WITH THE STATE OF TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ)
TYPE OF OVERSIGHT: NONE March 20, 2024
PERIODIC MEETING PARTICIPANTS NRC Tamara Bloomer: Director, Division of Radiological Safety and Security, Region IV Jacqueline Cook: Regional State Agreements Officer, Division of Radiological Safety and Security, Region IV State of Texas (TCEQ)
Ashley Forbes: Texas Commission on Environmental Quality (TCEQ)
Molly Coffman: TCEQ Chance Goodin: TCEQ Chris Canning: TCEQ Lana DSouza: TCEQ Kelly W. Cook: TCEQ Muhammadali Abbaszadeh: TCEQ Brad Broussard: TCEQ Hans Weger: TCEQ Alisha Stallard: TCEQ Krista Kyle: TCEQ Bobby Janecka: TCEQ Amancio Gutierrez: TCEQ
Texas TCEQ Periodic Meeting Summary Page 1
1.0 INTRODUCTION
The last IMPEP review was February 28March 4, 2022, with the Management Review Board (MRB) being held on June 9, 2022. The team recommended and the MRB agreed that the five recommendations from the 2018 Integrated Materials Performance Evaluation Program (IMPEP) review be closed. All nine performance indicators were found to be satisfactory. This includes the non-common performance indicators Legislation, Regulations, and Other Program Elements; Sealed Source and Device (SS&D) Evaluation Program; Low-Level Radioactive Waste (LLRW) ; and Uranium Recovery (UR) Program. The MRB directed that the next periodic meeting take place in approximately 2 years and the next IMPEP review take place in approximately 4 years.
Following is a summary of the periodic meeting.
2.0 NON-COMMON PERFORMANCE INDICATORS Four non-common performance indicators are used to review Agreement State/ U.S. Nuclear Regulatory Commission (NRC) Region programs: (1) Legislation, Regulations, and Other Program Elements (formerly Compatibility Requirements), (2) SS&D Evaluation Program, (3) LLRW Disposal Program, and (4) UR Program. Legislation, Regulations, and Other Program Elements (formerly Compatibility Requirements), LLRW Disposal Program, and UR Program non-common performance indicators were discussed with the Texas Commission on Environmental Quality (TCEQ). The non-common performance indicators Legislation, Regulations, and Other Program Elements (formerly Compatibility Requirements) and SS&D Evaluation Program were discussed with the Texas Department of State Health Services on the afternoon of March 20, 2024.
2.1 Legislation, Regulations, and Other Program Elements (formerly Compatibility Requirements) (2022 Satisfactory)
According to TCEQs State Regulations Status Sheet, two regulation amendments were due since the last IMPEP review and they were submitted in a timely manner.
Although Regulation Amendment Tracking System Identification Number (RATS ID) 2021-1 is not due for Agreement State adoption until September 8, 2024, TCEQ submitted it on May 2, 2022.
Title 30 Texas Administrative Code Chapter 336 is compatible with the NRC rules in Title 10 of the Code of Federal Regulations (10 CFR). In addition, TCEQ completed its quadrennial review of Chapter 336 - Radioactive Substance Rule. This review is conducted every 4 years to assess whether the initial reasons for adopting the rules exist. The continuance of the rule was published in the Texas Register on May 19, 2023, and adopted on October 11, 2023.
TCEQ does have sunset requirements. Senate Bill 1397 (88th Legislature) allowed TCEQ to continue administering its programs for 12 years (until 2035). The bill also required TCEQ to post license/permit applications on its website once an application is administratively complete.
Texas TCEQ Periodic Meeting Summary Page 2 2.2 LLRW Program (2022 Satisfactory) 2.2.1 Technical Staffing and Training The Radioactive Materials Division (RMD) LLRW consists of five staff, two are qualified license reviewers, three are undergoing qualifications in accordance with TCEQ training manual for license reviewers, and compatible with Inspection Manual Chapter (IMC) 1248.
Six staff left the program; six staff were hired. There are two engineer positions vacant.
Although the program has been functioning adequately with the current staff, turnover has presented some challenges.
The Critical Infrastructure Division (CID), Radioactive Materials Compliance Program (RMCP) consists of five staff; three are qualified to conduct inspections independently, and two are undergoing qualification in accordance with TCEQ training manual for inspectors which is compatible with IMC 1248. Three staff left the program; three staff were hired. There are currently no vacancies. Although the program has been functioning adequately with the current staff, there has been turnover with inspectors. In addition, hiring inspectors for the commercial LLRW disposal site has been a challenge.
2.2.2 Status of the Inspection Program For calendar years 2022 and 2023, two inspections were completed each year. There have been no initial inspections conducted since the last IMPEP review. Inspection frequencies remain compatible with NRCs inspection frequencies.
2.2.3 Technical Quality of Inspections Inspector accompaniments for calendar years 2022 and 2023 have been completed.
All inspection related correspondence, including the inspection reports, are reviewed and approved by management.
Remote records review has been a challenge since the last IMPEP review.
2.2.4 Technical Quality of Licensing TCEQ has three LLRW licensees. There were two renewals under review during this review period. There were three amendments issued during this review period.
2.2.5 Technical Quality of Incident and Allegation Activities There was one allegation referred to TCEQ from the NRC. The complainant was notified of the determination (concerns were outside TCEQs jurisdiction) and the allegation was closed. There were two allegations received directly to TCEQ.
There were no reportable events received since the last IMPEP review.
Texas TCEQ Periodic Meeting Summary Page 3 2.3 UR Program (2022 Satisfactory) 2.3.1 Technical Staffing and Training The RMD UR licensing program is comprised of five Full-time Equivalent (FTEs). Of the five license reviewers, two are qualified and three are yet to be qualified to independently review in accordance and compatible with IMC 1248. The RMD UR has one engineer position vacant.
The RMD UR had two staff turnovers. Since the 2022 IMPEP, the program has been functioning adequately with the five FTE they have.
The CID RMCP consists of five FTEs. Of the five inspectors, three are assigned to the UR inspection program. The other two inspectors are resident inspectors for the Waste Control Specialist facility in Andrews, Texas (LLRW facility). Of the three inspectors, two are qualified to conduct inspections independently and one is seeking qualification in accordance with TCEQ training manual which is compatible with IMC 1248. The CID RMCP has no vacancies. The CID RMCP had 2 staff turnovers. The CID RMCP has been functioning adequately with the five FTE since the 2022 IMPEP review.
State-specific training and qualification journal are followed for their license reviewers and inspectors and are compatible with IMC 1248.
2.3.2 Status of the Inspection Program For calendar years 2022 and 2023, 10 and 9 on-site inspections were completed, respectively.
There were no overdue inspections for either calendar year.
No initial inspections have been conducted since the last IMPEP review.
There were no changes to the CID RMCP inspection frequencies since the last IMPEP review.
Inspection frequencies remain compatible with NRCs inspection frequencies.
2.3.3 Technical Quality of Inspections Inspector accompaniments for 2022 and 2023 have been completed.
No changes in the management review process since the last IMPEP review. All inspection related correspondence, including the inspection reports are reviewed and approved by management.
A significant inspection challenge is that the CID RMCP has experienced turnover with inspectors.
2.3.4 Technical Quality of Licensing Two renewals issued; five amendments issued.
2.3.5 Technical Quality of Incident and Allegation Activities There were no allegations, concerns, significant events, generic implications, nor reportable events since the last IMPEP review.
Texas TCEQ Periodic Meeting Summary Page 4 3.0
SUMMARY
TCEQ has no current program initiatives since the last IMPEP review.
The RMD sent us a letter on September 25, 2023, requesting guidance on the use of aerial radiation surveys by unmanned aerial vehicles. We responded on November 29, 2023, acknowledging this technology.
There have not been any authorizations for LLRW nor UR licenses nor the inspection program since the last IMPEP review.
For LLRW, there are no major decommissioning and license termination actions. For UR, one license was terminated and the site was released for unrestricted use on August 21, 2023. The draft completion review report for the partial termination of a portion of a UR site was submitted to us for review on February 5, 2024.
No self-audits have been performed since the last IMPEP review. Staff performance is evaluated throughout the year on an annual basis.
TCEQ continues to follow the progress of NRCs potential revisions to 10 CFR Part 61. The next IMPEP review is scheduled for February/March 2026.
ML25079A087 OFFICE R-IV/DNMS/MIB*
NAME JCook DATE Mar 24, 2025