ML25262A080
| ML25262A080 | |
| Person / Time | |
|---|---|
| Issue date: | 09/19/2025 |
| From: | Shawn Seeley Decommissioning, ISFSI, and Reactor Health Physics Branch |
| To: | Hyland J State of ME, Dept of Health & Human Services |
| References | |
| Download: ML25262A080 (1) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION REGION I 475 ALLENDALE ROAD, SUITE 102 KING OF PRUSSIA, PA 19406-1415 Jay Hyland, Manager Division of Environmental and Community Health Radiation Control Program 286 Water Street, 11 SHS Augusta, ME 04333-0011 TITLE:
MAINE PERIODIC MEETING
SUMMARY
Dear Jay Hyland:
A periodic meeting was held with you and your staff on July 10, 2025, at your office in Augusta, Maine. The purpose of this meeting was to review and discuss the status of the Maine Agreement State Program. The scope of the meeting was limited to activities conducted by the Radiation Control Program. The U.S. Nuclear Regulatory Commission was represented by Christopher Regan, acting 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 610-337-5102, or by email at shawn.seeley@nrc.gov.
Sincerely, Shawn W. Seeley Regional State Agreements Officer Division of Radiological Safety and Security
Enclosure:
Maine Periodic Meeting Summary September 19, 2025 Signed by Seeley, Shawn on 09/19/25
J. Hyland cc:
Jennifer Jamison, Associate Director Division of Environmental and Community Health Nancy Beardsley, Deputy Director Maine Center for Disease Control and Prevention
Enclosure INTEGRATED MATERIALS PERFORMANCE EVALUATION PROGRAM PERIODIC MEETING WITH THE STATE OF MAINE TYPE OF OVERSIGHT: NONE July 10, 2025
PERIODIC MEETING PARTICIPANTS NRC Christopher Regan, acting Director, Division of Radiological Safety and Security Shawn Seeley, Regional State Agreements Officer State of Maine Jay Hyland, Manager, Radiation Control Program Tom Hillman, Assistant Environmental Engineer, Radiation Control Program James Nizamoff, Environmental Specialist III, Radiation Control Program Andrew Hunt, Environmental Specialist II, Radiation Control Program
Maine Periodic Meeting Summary Page 1
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 Maine (ME). The meeting was conducted in accordance with the Office of Nuclear Material Safety and Safeguards State Agreement Procedure (SA) SA-116 Periodic Meetings between IMPEP Reviews, dated October 6, 2021.
The meeting focused on the radioactive materials program as it is carried out under Section 274b.(of the Atomic Energy Act of 1954, as amended) Agreement between the NRC and the State of ME. The ME Agreement State Program is administered by the Radiation Control Program which is located within the Division of Environmental and Community Health.
At the time of the periodic meeting, the ME Agreement State Program regulated approximately 80 specific licenses authorizing possession and use of radioactive materials.
Since the Integrated Materials Performance Evaluation Program (IMPEP) review conducted July 1014, 2023, there have been no changes to the organizational structure. A Management Review Board (MRB) meeting to discuss the outcome of the 2023 IMPEP review was held on October 12, 2023. The team found that MEs performance was satisfactory for five common performance indicators and one non-common performance indicator: Technical Staffing and Training; Status of Materials Inspection Program; Technical Quality of Inspections; Technical Quality of Licensing Actions; Technical Quality of Incident and Allegation Activities; and Sealed Source and Device (SS&D) Evaluation. The team found that MEs performance for the noncommon indicator, Legislation, Regulations, and Other Program Elements, was satisfactory, but needs improvement.
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.
2.1 Technical Staffing and Training (2023 IMPEP review: Satisfactory)
The Program is comprised of a manager and two technical staff. This equates to approximately 2.5 full-time equivalent in the radiation control program. The manager retired in December 2024, and the previous manager is acting in that position.
Since the 2023 IMPEP review there has been one vacancy. The program manager retired the end of 2024, and the previous manager was placed into that position in an acting capacity. The program was successful in removing the requirement to obtain a professional engineer certification as a qualifier to apply for the position. This resulted in an overall two step downgrade in the salary schedule. ME has a training and qualification program that is compatible with the NRCs Inspection Manual Chapter (IMC) 1248, Qualification Programs for Federal and State Materials and Environmental Management Programs. Qualified licensing and inspection staff complete at least 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of refresher training every 2 years.
Maine Periodic Meeting Summary Page 2 The program is concerned that their low salaries offered for employment makes it hard to attract and maintain employees; especially when they cant hire an employee until that position is vacant. Funding is not an issue as they charge 75% of the NRC annual fees.
2.2 Status of the Materials Inspection Program (2023 IMPEP review: Satisfactory)
ME completed 20 Priority 1, 2, and 3 and 2 initial inspections since the 2023 IMPEP review.
There were no overdue Priority 1, 2, or 3 inspections. ME completed seven reciprocity inspections since the 2023 IMPEP Review. MEs approach to conducting reciprocity inspections has been risk informed.
2.3 Technical Quality of Inspections (2023 IMPEP review: Satisfactory)
MEs inspection procedures are compatible with NRCs Inspection Manual Chapter (IMC)
IMC 2800, Materials Inspection Program. The ME program has an adequate number of calibrated and operable radiation survey instruments available to support the inspection program. Supervisory accompaniments are being conducted as required.
2.4 Technical Quality of Licensing Actions (2023 IMPEP Review: Satisfactory)
ME has approximately 80 specific licensees. At the time of the meeting, ME completed approximately 126 licensing actions since the 2023 IMPEP and there was no backlog of licensing actions.
ME follows the NRCs NUREG 1556 series as guidance when completing licensing actions along with the most current versions of the NRCs Pre-Licensing Guidance and the Risk Significant Radioactive Materials Checklist. License reviewers are responsible for the performance of pre-licensing visits when warranted. ME issues licenses with 5-year expiration dates.
2.5 Technical Quality of Incident and Allegation Activities (2023 IMPEP review:
Satisfactory)
There were four events that were required to be reported to the NRC since the 2023 IMPEP review. There were no allegations. ME followed all internal procedures when responding to those events. MEs procedures are compatible to the NRCs incident and allegation procedures.
3.0 NON-COMMON PERFORMANCE INDICATORS Four non-common performance indicators are used to review Agreement State/NRC Region programs: (1) Compatibility Requirements (LROPE), (2) Sealed Source and Device (SS&D)
Evaluation Program, (3) Low-Level Radioactive Waste Disposal Program, and (4) Uranium Recovery Program. The NRCs Agreement with Me only includes the non-common performance indicators LROPE and SS&D.
3.1 LROPE (2023 IMPEP review: Satisfactory, but needs improvement)
MEs current effective statutory authority is contained in the Acts of 1963, No 582 of the ME Statues. The Office of Radiation Control is the designated State Radiation Control Agency within the ME Center for Disease Control. No legislation affecting the radiation control program was passed since the 2023 IMPEP. MEs administrative rulemaking process takes
Maine Periodic Meeting Summary Page 3 approximately 6-8 months from drafting to finalizing a rule. The public, NRC, other agencies, and potentially impacted licensees and registrants are offered an opportunity to comment during the process. Comments are considered and incorporated, as appropriate, before the regulations are finalized and approved. The States rules and regulations are not subject to sunset laws.
Since the 2023 IMPEP, three regulations came due for adoption. ME staff were reminded that Regulation Amendment Tracking System Identification Number (RATS ID) 2022-1; 2022-2; and 2023-1, would all become due for adoption before the next IMPEP. ME committed to ensuring these entered their administrative rulemaking process to ensure timely adoption. These changes will be presented during this years call for submissions. Currently there are several RATS-IDs that received NRC comments. These are all currently in draft form and entered into their process. They are scheduled to be adopted in early 2026.
3.2 SS&D (2023 IMPEP: Satisfactory)
ME has authority to conduct SS&D evaluations for byproduct, source, and certain special nuclear materials. Although they do not have a qualified SS&D reviewer, they have an arrangement with the New Hampshire agreement state program staff to conduct the reviews before approving any new or amended SS&D evaluations.
4.0
SUMMARY
ME continues to be a strong, effective, and well managed Agreement State program. There has been little staff turnover since the 2023 IMPEP review. Any staff turnover is addressed as it occurs. There is general concern on the impending retirement of the senior program inspector and license reviewer. They do have a plan to bring that employee back under contract for a short period of time to assist with the training of the remaining junior staff for continuity purposes.
No other concerns or issues were identified during the periodic meeting. The next IMPEP review is scheduled to be held in May 2027.
ML25262A080 OFFICE R-I/DNMS/MLAB NAME SSeeley DATE Sep 19, 2025