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TRANSCRIPT
NRC Update on Regulatory Activities Affecting
Industrial Radiography
Duncan White Office of Nuclear Material Safety and Safeguards
Division of Material Safety, State, Tribal, and Rulemaking ProgramsFebruary 15, 2018
Topics• Category 3 Source Security and Accountability Initiatives
• Part 37 Activities
• Electronic Dosimeters
• Petition to Clarify Training, Surveillance and Two-Man Rule Requirements
• Escalated Enforcement Actions
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NRC’s Category 3 Source Security and Accountability
Initiatives
Summary of Activities to Support SECY-17-0083• Activity 1 (SRM Tasks 1, 2, 3, 6, 7, 8)
– Continuation of analyses/recommendations developed by the LVWG– Developed options and pros/cons for each option
• Activity 2 (SRM Task 4) – Vulnerability assessment– Conclusion: No threat, vulnerability, or consequence basis that justifies or would be
mitigated by a change in the control of Category 3 sources.
• Activity 3 (SRM Task 5) – Cost/benefit analysis– Regulatory impact analysis of the accrued costs (one-time implementation and annual
operating) and benefits for each option
• Activity 4 (SRM Task 9) – Stakeholder outreach– Activities: FRN, public meetings/webinars, letters, articles, presentations, website, blog – Received over 1,000 comments from Agreement States, non-governmental
organizations, licensees, and other government agencies
https://www.nrc.gov/docs/ML1718/ML17188A249.html
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Summary of Stakeholder Feedback
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Require Cat3 through
LVS/Regulator
Track Cat 3 Sources in
NSTS
Enhance Cat 3 Physical Security
Specifically License Cat 3
GLsOAS/
Agreement States
NGOs
DOE/NNSA No comment No comment No comment
Licensees
• Concern 1 (Pre-Licensing)– Enhancements to guidance per an action plan– Require safety/security equipment to be in place for all new
unknown applicants prior to issuing a license (rulemaking)• Concern 2 (License Verification)
– No change to current requirements (Option 1)– Update 10 CFR 30.41(d)(3)-(4) et.al. (rulemaking)– Continue to encourage Agreement State adoption of WBL
• Concern 3 (NSTS, Part 37)– No change to current requirements (Option 1)
• Concern 4 (General Licensing)– No change in current requirements due to security and
accountability– Conduct re-evaluation to ensure continued protection of H&S
in current environment
Conclusions in SECY-17-0083
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Recommendations in SECY-17-0083
• Approve potential rulemaking to amend 10 CFR Parts 30, 40, and 70 to require
safety and security equipment to be in place before granting a license for an
unknown entity.
• Approve potential rulemaking to amend 10 CFR Parts 30, 40, and 70 to clarify
license verification methods for transfers involving quantities of radioactive
material below Category 2.
• Not direct the NRC staff to amend regulations to:
– Require license verification through LVS or regulatory authorities for transfers of
Category 3 quantities of radioactive material;
– Require inclusion of Category 3 sources in NSTS;
– Impose security requirements to prevent aggregation of Category 3 sources to a
Category 2 quantity of radioactive material;
– Limit the quantity of byproduct material in a generally licensed device to ensure the
security of radioactive materials.
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Commitments in SECY-17-0083
• Update integrated rulemaking plan outlined in
SECY-17-0025 to include any Commission
recommendations
• Conduct additional technical evaluation to verify
that the existing General Licensing program
continues to provide protection of public health
and safety in the current environment
– If rulemaking needed, include with integrated
rulemaking plan
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Strategy Diagram of Interrelated Category 3 Source Security and Accountability Activities
Non-rulemaking recommendation: guidance, training, IMPEP
Measures for License
Verification and Transfer of
Sources
Pre-Licensing Process
Enhancements
Response to 2016 GAO Audit/Investigation of NRC and Agreement State Materials Licensing
Rulemaking recommend-ation related to safety/ security equipment
Implement Recomm-endations Rulemaking
Response to SRM-COMJMB-16-0001 “Proposed Staff Re-Evaluation of Category 3 Source Accountability”
NSTS and LVS Expansion Evaluation
Vulnerability Assessment
Cost-Benefit Analysis
Stakeholder Outreach
FRN
10 CFR Part 37 Program Review
Report to Congress & Program Review
Rulemaking Implement recomm-endations
NEI-PRM-37-01
Use as inputUse as input
Implement recomm-endations
SECY-17-0083
Rulemaking
Recommen-dations deferred due to overlap with new working group
Integrated Rulemaking Plan 10 CFR Parts 30, 37, 40, 70
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Conduct General License
Re-evaluation
SECY Paper
Part 37 Activities
Part
37
Prog
ram
Rev
iew
Insp
ectio
nEv
ents
T&R
Aggr
egat
eTr
aini
ngN
STS
Inte
rnat
’lEx
tern
al
Out
reac
h
Evaluate inspection results for NRC licensees from first two years of Part 37 implementation to look for trends in licensee compliance with the rule.
Evaluate reported incidents of theft or loss of radioactive material to determine whether the incidents are indicative of regulatory framework gap.
Evaluate requirements and guidance for conducting background investigations and trustworthiness and reliability determinations.
Evaluate configurations used for well logging sources and assess the of definition of aggregation.
Evaluate training program for NRC and Agreement State inspectors on security of risk-significant radioactive material.
Evaluate the National Source Tracking System user interface and accounting of category 1 and 2 sources.
Compare Part 37 requirements and guidance against international recommendations and material security programs.
External assessment of Part 37 by independent consultants each with significant experience in safety and security of radioactive materials
Gather and evaluate stakeholder input regarding effectiveness and clarity of Part 37.
Program Review Team
Report to
Congress
Staff direction
on Part 37
Activity – Scope and Methodology Staff Evaluation
CommissionDecision
Program Review Steering Committee
Staff Recommendation
Development
Com
miss
ion
Pape
r
Program Review of 10 CFR Part 37
Current Part 37 Activities
• Revisions to NUREG-2155 underway• New Regulatory Information Summaries
(RIS) issued• New GAO Audit started in January 2018
– Implementation of Part 37 by NRC and Agreement State licensees
• Task Force on Radiation Source Protection and Security
https://www.nrc.gov/security/byproduct.html
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Regulatory Information Summaries (RIS)• RIS 2005-31, revision 1 issued December 26, 2017Control of Security-Related Sensitive Unclassified Non-Safeguards Information Handled by Individuals, Firms, and Entities Subject to NRC Regulation of the Use of Source, Byproduct, and Special Nuclear Material
• RIS 2008-01 issued January 22, 2018Common Violations Cited During First 2 Years of 10 CFR Part 37, “Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material” Implementation and Guidance Documents Available to Support Rule Implementation
https://www.nrc.gov/reading-rm/doc-collections/gen-comm/reg-issues/
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Integrated Rulemaking Plan – Security • Category 3 initiative rulemaking recommendations
– Amend 10 CFR Parts 30, 40, and 70 to require safety and security equipment to be in place before granting a license for an unknown entity.
– Amend 10 CFR Parts 30, 40, and 70 to clarify license verification methods for transfers involving quantities of radioactive material below Category 2.
• Part 37 program review rulemaking recommendations and PRM-37-1
– Amend 37.43(d) to add requirements to support preventing an unauthorized individual from gaining access to certain information.
– Amend 37.81(g) to clarify requirements needed for a written report for lost or missing, and actual or attempted theft or diversion.
• Financial Assurance requirements for Category 1 and 2 quantities of materials (SECY-16-0115)
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Electronic Dosimeters
PRM-34-7 Chronology
• NDTMA/ASNT Letter dated July 14, 2016• Docketed as PRM-34-7
• Federal Register Notice• Published November 9, 2016
• 13 comments received
• Working Group formed• Prepared cost-benefit analysis
• Petition Review Board (PRB) meetings• May 2017
• October 2017
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PRM-34-7 Current Status
• Petition Review Board Decision– Amend Parts 20, 34, 36 and 39 to allow use of
digitally read personnel dosimeters– Amend Part 34 to allow dual-function devices – Prohibit triple-function devices – Pursue as direct final rule
• Commission Paper in concurrence to approve rulemaking plan
1717
Revised Policy on Combination Dosimetry Devices
• RIS 2017-06 issued September 19, 2017NRC Policy on Use of Combination Dosimetry Devices During Industrial Radiography Operations
• Licensees may use combined dosimetry devices, also known as electronic alarming dosimeters, as a dual-function device for meeting the direct reading dosimeter and the alarm ratemeter device requirements specified in 10 CFR 34.47(a).
1817
Petition to Clarify Training, Surveillance and Two-Man
Rule RequirementsPRM-34-6
PRM-34-6 Request• Requested based on difference between NRC and State
of Texas on implementation of two-man rule • Submitted by Organization of Agreement States in
November 2005• Proposed Amendments to Part 34– 34.41(a): two qualified individuals present, but second
person no longer required to observe the operations– 34.43(c): additional requirement for radiographer assistant
complete 40 hours training course– 34.51: change to require radiographer provide direct visual
surveillance of high radiation area
2020
PRM-34-6 Chronology
• OAS Letter dated November 3, 2005• Federal Register Notice published – December 28, 2005– Two comments received
• PRB held public meeting held to discuss issues raised in petition– August 15, 2007
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PRM-34-6 Current Status
• PRB Decision – Issues and concerns raised in petition merit
further consideration and inclusion in rulemaking – Published in Federal Register on May 14, 2008
(73 FR 27771)• Working Group formed in 2018– Review 2005 – 2007 information – Prepare rulemaking plan
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Enforcement Cases
Industrial Radiography Escalated Enforcement
• IA-16-059 [30.10(a)(1) and 34.41(a)] andEA-16-152 [34.41(a)]
– Deliberately performed radiography at temporary job site with only one individual
• EA-16-232 [34.41(a) and 34.43(c)]– Individual acting as radiographer’s assistant had
not passed the written and practical exams and consequently, only one qualified individual was present at the temporary job site.
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Industrial Radiography Escalated Enforcement
• EA-16-191 [34.47]– Removed alarming ratemeter from body to
perform radiation survey required by 34.49– Alarm ratemeter set to give alarm at 100 mSv/hr
instead of 5 mSv/hr
https://www.nrc.gov/reading-rm/doc-collections/enforcement/actions/
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