United States Nuclear Regulatory Commission - Protecting People and the Environment

Meeting Summary: Part 40 Jurisdictional Working Group

September 20-21, 2000

Attendees

Name Agency Phone Email
Chia Chen US DOL, OSHA 202-693-2266 chia.chen@osha.gov
Gary Comfort US NRC 301-415-8106 gcc1@nrc.gov
Jean-Claude Dehmel US NRC 301-415-6619 jxd3@nrc.gov
Clifton Farrell NEI 202-739-8098 cwf@nei.gov
Diane Flack US NRC, Office of Chairman 301-415-8428 dsf1@nrc.gov
Betsy Forinash US EPA 202-564-9233 forinash.betsy@epa.gov
Cathy Haney US NRC, Com. McGaffigan office 301-415-1811 cxh@nrc.gov
Brian Hearty US Army Corp of Engineers 402-697-2478 brian.p.hearty@usace.army.mil
Patricia Holahan US NRC 301-415-8125 pkh@nrc.gov
Felix Killar NEI 202-739-8126 fmk@nei.org
Amir Kouhestani US NRC 301-415-0023 aak@nrc.gov
Catherine Mattsen US NRC 301-415-6264 crm@nrc.gov
Andrea McLaughlin US DOI, BLM 202-452-7717 Andrea_McLaughlin@blm.gov
Henry Morton Morton Associates 301-983-0365 hmorton@erols.com
Harold Peterson US DOE 202-586-9640 harold.peterson@eh.doe.gov
Kathleen Schneider US NRC 301-415-6825 kxs@nr.cgov
Maria Schwartz US NRC 301-415-1888 mes@nrc.gov
Loren Setlow US EPA 202-564-9445 setlow.loren@epa.gov
Charles Simmons Kilpatrick Stockton 202-508-5806 csimmons@kilstock.com
Dennis Sollenberger US NRC 301-415-2819 dms4@nrc.gov
Linda Suttora US NRC 301-415-6858 lcs2@nrc.gov
Kenneth Weaver CO DPHE 303-692-3058 Kenneth.Weaver@state.co.us
Alexander Williams US DOE 301-903-8149 Alexander.Williams@em.doe.gov

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Background

  • Introduction by Patricia Holahan, Chief, Rulemaking and Guidance Branch, IMNS, NMSS, NRC
  • Following discussions of objectives, deliverables, and other background material, meeting centered on current and planned regulations by State and Federal agencies. Working group members agreed to write-up a synopsis of the regulations for their agencies for dissemination to the group and inclusion in the status report.
  • A short discussion of the working group charter was held on 9/20 and a longer group reworking of the charter was conducted on 9/21. Final draft charter was proposed to be sent to working group members on 9/27.
  • A discussion of risks associated with low-activity source material was held. The types of risks of these materials were identified as:
    • Processes For Workers (worker risk)
    • Legacy Materials (mostly environmental and public risk)
    • Public and Occupational Exposure (public risks)
      • consumer products
      • products meant to contain source material vs. rare earth or mineral products
      • waste disposal
    A discussion of qualifying risk from individual materials to workers, public or environment and identifying them as high, medium, or low, was tabled. It was decided that although this type of risk analysis may be needed, it is out of the scope of this working group, at this time. Existing and future reports that identify risks of these materials will be consulted.

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Regulatory Options Discussion

  • Over the remaining time, the working group discussed the regulatory options for low-activity source material. The State representative indicated that the States would most like low-activity source material regulations to be National, consistent requirements.
  • The Attachment 2, Options Paper to SECY-99-259 was used as the basis for discussions and additional options were identified by the group. The working group members were requested to provide comments on the Options Paper in order to begin the assessment of the regulatory option(s) that the working group would likely recommend as preferred. Additional options were identified by the group and include: an enhanced Agreement State option (exemption vs. preemption, where States are not excluded from being more restrictive) and Executive Order which designates additional responsibilities for agencies under AEA and implemented through MOU(s)
  • The regulatory options were divided into 3 categories, those which would: reduce NRC authority, delegate NRC authority to other parties, or expand NRC regulation.
  • The methodology for implementing the regulatory options were discussed. In addition, the following questions were discussed regarding each possible regulatory option:
    • Would this option result in any gaps in implementation?
    • Would this result in a unified risk informed approach among agencies?
    • What, actions, if any, need to be taken in order to allow other agencies the authority to regulate all or portions of the low activity source material?
  • The next step for the working group will be to prioritize the regulatory options and identify which options should continue to be pursued as realistic and which should be omitted from further consideration. In order to begin to accomplish that goal, the working group members will provide to the Chair of the working group:
    • Citations of Authorities of oversight of regulatory material from each agency
    • Comments on SECY-99-259 Options Paper Attachment 2.
  • With this information provided in these comments and citations of existing regulatory authorities, a draft status report will be sent to the working group members for discussion at the October 5th teleconference meeting.

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Deliverables

  • September 25, 2000 - Comments on Final Draft Charter (complete)
  • September 29, 2000 - Each Agency provide citations of authorities of oversight of source material
  • September 29, 2000 - Comments on SECY-99-259 Options Paper
  • October 3, 2000 - Rough Draft Status Report for conference call.

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Teleconference Meeting

October 5, 2000

1:30 pm est

Telephone Number 301-231-5539, passcode: 5389#

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Page Last Reviewed/Updated Thursday, March 29, 2012