Oce of Federal & State Materials & Environmental Management Programs LICENSEE NEWSLETTER NUREG/BR-0117, No. 09-02 Summer 2009 NEW CHAIRMAN FOR THE NRC INSIDE THIS ISSUE Chairman Jaczko stated that he New Chairman for the NRC .....................1 had first-hand Generally Licenced Device knowledge of the Restrictions Proposed Rule staff’s dedication Published for Public Comment .............2 and expertise. Why Do States Become He said that he An “Agreement State?” .............................2 looks forward to working with staff From the Desk of the FSME Director ..............................................3 to successfully address the NSTS Expansion Disapproved ................4 challenges and In-Situ Leach Uranium Milling ...............5 opportunities Reporting Requirements .........................5 ahead. In an effort to meet Third Review Meeting ...............................6 staff, Chairman The Last Phase of Jaczko hosted Waiver Terminations ..................................7 an open house Employee Recognition .............................7 on June 18, 2009 Paper Reduction .........................................8 for all NRC Headquarters Significant Enforcement Actions ..........8 Chairman Gregory B. Jaczko staff members to visit his new Generic Communications Issued ....... 11 suite of offices. Chairman Significant Event ...................................... 11 On May 13, 2009, President Jaczko took the opportunity Barack Obama designated to personally express his Selected Federal Register Notices ....... 12 Dr. Gregory Jaczko as Chairman appreciation for the staff’s hard Designated E-Mail Address for of the U.S. Nuclear Regulatory work to protect public health and Identified Errors in NUREG-1556 Commission (NRC). As Chairman, safety. Documents ................................................ 13 Dr. Jaczko is the principal Chairman Jaczko’s professional executive officer and the official career has been devoted to a bachelor’s degree in physics and spokesperson for the NRC. the use and impact of science philosophy from Cornell University The NRC is headed by five in the public policy arena. and a doctorate in physics from the Commissioners appointed by the Before assuming the post of University of Wisconsin-Madison. President and confirmed by the Commissioner, Dr. Jaczko served Chairman Jaczko is married and Senate for 5 year terms. The NRC as appropriations director for U.S. resides in the District of Columbia, Chairman serves at the pleasure Senator Harry Reid of Nevada where he has been an adjunct of the President and does and also served as the Senator’s professor at Georgetown University, not require additional Senate science policy advisor. teaching science and policy. confirmation. Chairman Jaczko was born (Contact: Vanessa Cox, FSME, In commenting on his in Pennsylvania and raised in 301-415-8342, e-mail: nomination to the NRC staff, upstate New York. He earned [email protected]) 1 of GL devices who could be give this responsibility to any GeneraLLY Licensed impacted by the rule to inform State government that meets the DEVice Restrictions them of the opportunity to established criteria for protecting Proposed RULE comment on the proposed rule. public health and safety. The PUBLished for PUBLic Chairman of the NRC and the (Contact: Solomon Sahle, FSME, Comment Governor of the State formalize the 301-415-3781, e-mail: discontinuance of NRC authority On August 3, 2009 (74 FR 38372), [email protected]) the NRC published in the Federal by signing an Agreement. To Register a notice of the Generally date, 36 States have entered Licensed (GL) Device Restrictions WHY do STATES BECOME into such an agreement with proposed rule. This proposed rule AN “AGREEMENT STATE?” the NRC: Alabama, Arizona, would amend 10 CFR 31.5 to limit Arkansas, California, Colorado, With the recent additions of the the quantity of byproduct material Florida, Georgia, Illinois, Iowa, States of Pennsylvania and Virginia contained in a GL device to below Kansas, Kentucky, Louisiana, as “Agreement States,” one may one-tenth of the International Maine, Maryland, Massachusetts, question why any State would Atomic Energy Agency (IAEA) Minnesota, Mississippi, Nebraska, want to become an Agreement Category 3 thresholds. As a result Nevada, New Hampshire, New State, especially during these of this amendment, individuals Mexico, New York, North Carolina, difficult economic times. Here is possessing devices with byproduct North Dakota, Ohio, Oklahoma, some background information on material meeting or exceeding Oregon, Pennsylvania, Rhode the Agreement State program and these thresholds would be Island, South Carolina, Tennessee, a few reasons that have prompted required to apply for and obtain Texas, Utah, Virginia, Washington, States to enter into Agreements a specific license. In a Staff and Wisconsin). The number with the NRC. Requirement Memorandum dated will rise to 37 if the the NRC May 1, 2009, the Commission also The Agreement State program approves the State of New Jersey’s directed the staff to propose to came into existence in 1959 with application, currently under further clarify the requirements the adoption of Section 274 of review. that apply when a device the Atomic Energy Act. Under Besides the obvious advantage authorized to be used under the this program, the NRC will of having control over all things general license is instead held relinquish authority to regulate radioactive in their jurisdiction, under a specific license. certain radioactive materials most States opt to become an (i.e., byproduct, source, and certain In a petition dated June 27, 2005, Agreement State because they special nuclear materials) and the Organization of Agreement feel that they can provide a closer Figure 34. Agreement States States (OAS) requested that the NRC revise 10 CFR 31.5 and WA** NH ME change the compatibility category MT ND VT MN of 10 CFR 31.6 from “B” to “C.” Also, OR MA ID SD WI MI NY in its letter of June 3, 2005, the WY RI IA PA CT State of Florida asked to change NV NE OH** NJ the compatibility category of UT** IL** IN DE CA CO** WV KS MO VA 10 CFR 31.5(c)(13)(i) from “B” to “C.” KY MD NC DC* TN The GL rulemaking considers these AZ** OK issues. NM** AR SC MS AL GA LA The NRC has also sent out hard TX** copies of the Federal Register HI FL notice to general licensees and AK manufacturers and/or distributors Agreement States Non-Agreement States Letter of Intent continued on page 4 * Other Non-Agreement States include major U.S. territories such as Puerto Rico, Virgin Islands, and Guam. 2 ** The NRC has maintained authority to license uranium milling. Source: U.S. Nuclear Regulatory Commission from THE DESK OF THE FSME director In FSME Newsletter 08-03, an article about the National Source Tracking System (NSTS) announced that the development of the NSTS was complete and that licensees must begin reporting to the system in January 2009 via (1) the internet; (2) batch load using electronic file submission; (3) mail; (4) facsimile; or (5) telephone, with followup by fax or mail. As many of you already know, the system experienced early glitches, particularly related to user credentialing. Because the NSTS was a first-of-its kind system with a number of unique security features, some startup issues were reasonably expected, but that did not lessen the level of frustration for those who were unable to access the system. If you were one of those who experienced early problems, we hope that we resolved them and that you will give the system a second chance now. We think that online reporting to the NSTS can be a great tool to provide more real-time tracking of sources, and thus it will greatly enhance the security of radioactive sources nationally. As of early July 2009, the NRC invited approximately 3,100 individuals to enroll for smart cards, and about 1,600 had begun the enrollment process. About 1,000 individuals were approved to receive their smart cards. Among those approved, about 500 individuals have downloaded their digital certificates and all have access to the NSTS. Of those who have been approved, 30 agencies (Agreement States and the NRC) and approximately 200 companies were represented. The NRC’s Office of Information Services is contacting those that have been sent smart cards but have not yet downloaded their certificates. My staff is continuing to have monthly calls with the States to discuss NSTS status and to address any concerns that they may have. During the recent batch upload pilot testing, FSME received significant suggestions from two participating licensees. We are currently negotiating the technical approach with our contractor in an effort to integrate these suggestions. We pledge to do whatever is necessary to make the NSTS work in a manner that minimizes the impact to users while providing a life history of each tracked source possessed by NRC and Agreement State licensees. Charles L. Miller, Director 3 continued from page 2 NRC. The EPAct expanded the As State budgets continue relationship with their licensees definition of byproduct materials to tighten with the current than a Federal Agency, and that to include radium 226 and certain economic crisis, the NRC will states provide these services at a naturally occurring and accelerator place more importance than reduced cost in most situations produced materials (NARM) that ever on maintaining close and (a plus for the licensee). This were already regulated by States. careful oversight of Agreement thought is echoed by Julia While this expansion of the NRC State programs to ensure that Schmitt, Chairperson of the regulatory authority did not they remain compatible with NRC OAS. Ms. Schmitt believes that impact the existing Agreement requirements and adequate to with the State regulation of x-ray States, which maintain their protect public health and safety machines in the 1960s and 1970s, authority, non-Agreement States and the environment. that did license radium and NARM the States saw the regulation of (Contact: Michelle Beardsley, would have to turn over their byproduct materials as a natural FSME, 610-337-6942, e-mail: licensees to the NRC by August extension of this health and safety [email protected]) function.