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

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)
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.

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:

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.

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.

October 5, 2000

1:30 pm est

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

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