UNITED STATES


NUCLEAR REGULATORY COMMISSION


 REGION I


475 ALLENDALE ROAD


KING OF PRUSSIA, PENNSYLVANIA 19406-1415 


December 11, 2003 

Barbara Youngberg, Chief 

Radiation Section 

Division of Hazardous Waste and Radiation Management 

New York Department of Environmental Conservation 

625 Broadway, 8th Floor 

Albany, NY 12233-7255 

SUBJECT: PERIODIC MANAGEMENT MEETING SUMMARY 

Dear Ms. Youngberg: 

A periodic meeting with the New York Department of Environmental Conservation was held on 

November 12, 2003. The purpose of the meeting was to review and discuss the status of the 

New York Agreement State program. The NRC was represented by Kevin Hsueh from the 

NRC’s Office of State and Tribal Programs and me. Specific topics and issues of importance 

discussed at the meeting included the Department’s actions taken in response to the IMPEP 

recommendations. 

I have completed and enclosed a general meeting summary, included any specific actions that 

will be taken as a result of the meeting. 

If you feel that our conclusions do not accurately summarize the meeting discussions, or have 

any additional remarks about the meeting in general, please contact me at (610) 337-5042 or 

by e-mail at adw@nrc.gov to discuss you concerns. 

Thank you for your cooperation. 

Sincerely, 

Original signed by Duncan White 

Duncan White, CHP 

Regional State Agreements Officer 

Division of Nuclear Materials Safety 

cc: 

R. Bores, RI 

K. Hsueh, STP 
B. Youngberg 2 

NYDEC Radiation Section 

DISTRIBUTION 

RIDS SPO1 

G. Pangburn, RI 

F. Costello, RI 

J. Piccone, STP 

L. Rakovan, STP 

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OFFICE DNMS/RI N DNMS/RI DNMS/RI 

NAME DWhite ADW 

DATE 12/11/03 

OFFICIAL RECORD COPY

AGREEMENT STATE PERIODIC MEETING SUMMARY FOR 


NEW YORK DEPARTMENT OF ENVIRONMENTAL CONSERVATION (DEC)


DATE OF MEETING: November 12, 2003


ATTENDEES:


Duncan White, RSAO


Kevin Hsueh, ASPO


Barbara Youngberg, Program Manager


Tom Papura, NRC Formerly Licensed Sites Grant Project


John Zeh, Regulations Coordinator


Sandra Hinkel, Part 380 Permit Unit Supervisor


DISCUSSION:


The proposed status of each of the four recommendations applicable to DEC in Section 5.0 of


the 2002 Integrated Materials Performance Evaluation Program (IMPEP) review of New York is


summarized below.


1.	 The review team recommends that NYC, DOL and DEC perform core inspections in a 

timely manner, and that NYC take appropriate action to improve the tracking 

mechanisms necessary to evaluate their own timeliness for initial inspections. (Section 

3.1.5) 

Current Status: DEC currently has 36 permittees for the discharge of radioactive 

materials into the environment from facilities licensed and inspected by one of the other 

three New York radiological protection agencies. Permittees are required to report their 

discharges annually to DEC. The Section has revised its inspection priorities to 

routinely inspect its permittees based primarily on the amount of actual environmental 

discharges rather than based on the maximum allowed level in the permit. Initial 

inspections are conducted within six months of the start of operations. An annual 

reevaluation will be conducted to reassign the inspection priorities based on actual 

emissions. Based on the new frequencies and current staffing levels, the Section 

expects to conduct inspections in a timely manner. It is recommended that this item be 

verified at the next IMPEP review. 

2.	 The review team recommends that NYC and DEC transmit inspection findings to their 

licensees within thirty days after the close of the inspection. (Section 3.1.5) 

Current Status: The Program Manager indicated that inspection reports are generally 

issued within 30 days and none of exceeded 40 days. It is recommended that this item 

be verified at the next IMPEP review. 

3.	 The team recommends that DOL and DEC perform annual supervisory 

accompaniments of all materials inspectors. (Section 3.2.5) 

Current Status: The Program Manager indicated that nearly all inspectors are 

accompanied on an annual basis. It is recommended that this item be verified at the 

next IMPEP review. 
NYDEC PERIODIC MEETING SUMMARY 2 

NOVEMBER 2003 

4.	 The team recommends that each New York Agency (NYC, DOH, DEC, and DOL) 

develop and implement an action plan to adopt NRC regulations in accordance with the 

current NRC policy on adequacy and compatibility. (Section 4.1.3) 

Current Status: The Program Manager and the Section’s Regulations Coordinator 

discussed the status of each overdue and due NRC regulations required for 

compatibility. Since the last review, the Section has made some progress with the 

adoption of the license termination rule. The Section has adopted the constraint rule by 

license condition, but will incorporate into this amendment into their regulations. All new 

and revised State regulations require approval of the Governor’s Office of Regulatory 

Reform (GORR). The review of pending State regulations by GORR adds several 

months to regulation adoption process. NRC staff reviewed STP’s regulations review 

process with the Section and encouraged that the Section review the status of the DEC 

regulations on the STP web site for completeness and accuracy. It is recommended 

that this item remain open. 

Since the last IMPEP, two individuals left the program (Paul Merges and Robert Rommel). 

There are currently three vacancies in the Radiation Section: one in the Permit Unit (directly 

related to Agreement State activities); a federally funded position related to Brookhaven 

National Laboratory; and a position in the contaminated sites group. The Section currently has 

10 technical and two administrative staff members. There is currently a Statewide hiring freeze. 

The Program Manager indicated that the Section has requested an exemption to fill the 

federally funded position. The Section will be able to maintain it’s radiation laboratory and 

sample preparation capability despite a planned revision of the lease. 

The Program Manager indicated that there is currently sufficient funding to perform Section 

related activities except for out-of state travel. The Section’s current funding level is essential 

the same as last fiscal year, but the Program Manager expects a decrease in funding for the 

next fiscal year (starts April 1, 2004). Current priorities in the Section include cyclotrons, 

Brookhaven, FUSRAP sites, Hicksville cleanup and West Valley. There have been no changes 

in the Section’s responsibilities or governing legislation since the last review. 

The Program Manager discussed the issue of succession planning with the Department. This 

issue has received attention at the high levels of the Department, but has yet to be examined in 

detail at the Section level. Within the next 10 years, the Program Manager indicated that four of 

the current staff would be eligible for retirement. Due to the current fiscal status of the State, it 

is difficult to hire new staff to replace those individuals who will retire or move into more 

responsible positions. Due to the maturity and experience of the professional staff, the Section 

has not expended much effort with regard to documenting the training and qualification required 

for the positions in the Section. NRC staff indicated that this documentation would be useful to 

justify the needs for replacement professional staff. 
NYDEC PERIODIC MEETING SUMMARY 3 

NOVEMBER 2003 

The NRC staff discussed the recent developments regarding the nominations for the two vacant 

Commission positions. Also discussed was the consolidation of the Region I and Region II 

materials programs, the status of the feline hyperthyroidism policy, the status of National 

Materials Program pilot projects, materials security issues as they impacted the States, 

changes in the NMED database and program and the potential impact of NRC’s aging 

workforce (i.e., succession planning). NRC staff also highlighted the proposed changes to two 

documents that directly affect the IMPEP process: Management Directive 5.6 and STP 

Procedure SA-116. There was also a discussion of the recent GAO report on the security of 

radioactive materials, the status of various proposals in Congress to amend the Atomic Energy 

Act and the current status of a unified federal standard for remediation after an event involving 

radioactive materials. 

When asked about the Program’s strengths, the Program Manager identified the Section’s 

experienced staff and availability of equipment. With regard to weakness, the Program 

Manager identified the staffing vacancies and the need to update their regulations. Although 

the Program favorably viewed the NRC’s willingness to involve the States more frequently on a 

number of issues, the Program felt that the NRC should be more involved with FUSRAP related 

issues. The Section indicated that they have not had to adjust to NRC’s decision in the 1990s 

to discontinue funding of Agreement State staff training since current staff received training 

prior to the change in NRC policy. Securing sufficient funds for training new staff will become a 

challenge for the Section in the near future, particularly with the current fiscal issues facing the 

State. 

The Program Manager and Section staff discussed the status of the NRC formerly licensed 

sites grant project. Under the grant project, DEC is reviewing ten license files, which consist of 

14 sites. Ten sites have been closed out and four sites still need site visits or further review. A 

status report was being finalized and will be sent to NRC shortly. DEC plans to request a six 

month extension of the grant project. The Program Manager expects that the grant project will 

be completed by the middle of April 2004. 

The Program Manager indicated that the Section prepares monthly metrics and a report of 

programmatic highlights. The Section also performs a quarterly assessment of the inspection 

program. 

There were no allegations referred to the Program by NRC Region I since the last IMPEP. The 

Program receives one or two allegations a year. There were no reportable events since the 

last review. 

The NRC staff indicated that next IMPEP of the New York Agreement State Program is 

scheduled for FY 2006. No issues were identified by NRC staff to change the scheduling of the 

next review. 
UNITED STATES


NUCLEAR REGULATORY COMMISSION


 REGION I


475 ALLENDALE ROAD


KING OF PRUSSIA, PENNSYLVANIA 19406-1415 


December 18, 2003 

Adela Salame-Alfie, Ph.D., Director 

Bureau of Environmental Radiation Protection 

New York Department of Health 

547 River Street 

Troy, NY 12180-2216 

SUBJECT: PERIODIC MANAGEMENT MEETING SUMMARY 

Dear Dr. Salame-Alfie: 

A periodic meeting with the New York State Department of Health was held on November 13, 

2003. The purpose of the meeting was to review and discuss the status of the New York 

Agreement State program. The NRC was represented by Kevin Hsueh from the NRC’s Office 

of State and Tribal Programs and me. Specific topics and issues of importance discussed at 

the meeting included the Department’s actions taken in response to the IMPEP 

recommendations. 

I have completed and enclosed a general meeting summary, included any specific actions that 

will be taken as a result of the meeting. 

If you feel that our conclusions do not accurately summarize the meeting discussions, or have 

any additional remarks about the meeting in general, please contact me at (610) 337-5042 or 

by e-mail at adw@nrc.gov to discuss your concerns. 

Thank you for your cooperation. 

Sincerely, 

Original signed by Duncan White 

Duncan White, CHP 

Regional State Agreements Officer 

Division of Nuclear Materials Safety 

cc: 

K. Hsueh, STP 

R. Bores, RI 
A. Salame-Alfie 2 

Bureau of Environmental Radiation Protection 

RIDS SPO1 

G. Pangburn, RI 

F. Costello, RI 

J. Piccone, STP 

L. Rakovan, STP 

DOCUMENT NAME: C:\ORPCheckout\FileNET\ML033520546.wpd 

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OFFICE DNMS/RI N DNMS/RI DNMS/RI 

NAME DWhite adw 

DATE 12/18/03 

OFFICIAL RECORD COPY

AGREEMENT STATE PERIODIC MEETING SUMMARY FOR 

NEW YORK DEPARTMENT OF HEALTH (DOH) 

DATE OF MEETING: November 13, 2003 

ATTENDEES: 

Duncan White, RSAO 

Kevin Hsueh, ASPO 

Adela Salame-Alfie, Program Director 

Steven Gavitt, Assistant Program Director 

Robert Dansereau, Radioactive Materials Section Chief 

Cynthia Costello, Environmental Section Chief 

Gary Baker, Field Operations Section Chief 

Dave Sternberg, Database Development 

Denise Cook, Database Development 

DISCUSSION: 

The proposed status of each of the three recommendations applicable to DOH in Section 5.0 of 

the 2002 Integrated Materials Performance Evaluation Program (IMPEP) review of New York is 

summarized below. 

1.	 The review team recommends that DOH provide prompt, in-depth, documented review 

of events with the potential for significant health and safety consequences. (Section 

3.5.5) 

Current Status: The program initiated in June 2003 the use of an in-house developed 

database (called INCIDENT) for the use of tracking and documenting all events reported 

to the Bureau. The database is based on Power Builder software and resides on the 

Department’s network servers. It is linked to the Bureau’s registration and materials 

database. The database allows management to assign and review the progress of the 

follow up for an event or groups of events. In addition to the database, an event folder 

is prepared to maintain hard copies of reports or correspondence related to the event. 

Certain fields have user rights assigned only to managers (i.e., event closeout). The 

development team and the Radioactive Materials Section Chief demonstrated the use of 

the database to the NRC staff. All events in 2003 are entered into the database. Pre2003 events residing in another database have been imported into INCIDENT, but the 

information has not been updated. To date this year, the Bureau has received 

notification of approximately 140 incidents (majority of the incidents are related to trash 

calls and accelerators). It is recommended that this item be verified at the next IMPEP 

review. 

2.	 The review team recommends that NYC, DOL and DOH draft and implement a method 

to ensure timely submittal of information to NRC and the Nuclear Materials Event 

Database (NMED) and implementation an effective procedure to identify, track and 

review all incident reports. (Section 3.5.5) 
NY State Department of Health 2 

Periodic Meeting Summary 

Current Status: The Bureau has reported three events to NMED since the last IMPEP 

review. The INCIDENT database includes specific fields for the identification and 

reporting of events that require reporting to the NRC. The NRC staff discussed the 

changes to the NMED database including fields to indicate if an event is closed or not. 

NRC staff also suggested that the Bureau view their events from the NMED web site 

externally to ensure that all information has been entered into the national database. It 

is recommended that this item be verified at the next IMPEP review. 

3.	 The team recommends that each New York Agency (NYC, DOH, DEC, and DOL) 

develop and implement an action plan to adopt NRC regulations in accordance with the 

current NRC policy on adequacy and compatibility. (Section 4.1.3) 

Current Status: The Bureau plans to update their regulations to incorporate the overdue 

and due NRC amendments. The Bureau met with their Radiological Health Advisory 

Board on November 4 to discuss the adoption of Part 35. The Bureau still has concerns 

with the Part 35 training and experience requirements, particularly those recently 

published in the Federal register for comments. Draft revisions to the regulations will be 

submitted to the Advisory Board in the near future. The anticipated time frame for the 

adoption of the regulations maybe a few years. This recommendation remains open. 

Since the last IMPEP, a few of the technical staff have taken on new responsibilities in the 

Bureau. Cynthia Costello moved into the supervisor position for the Environmental Section but 

will still be involved in the Radioactive Materials Section. Jerry Collins, currently in the Radon 

program has started cross training in the Radioactive Materials Section. There are currently no 

unfilled positions in the Radioactive Materials Section, but the Radiation Equipment Section is in 

the process of hiring a new person. There have been no legislative changes that affected the 

Agreement State program. The Bureau is 100% fee funded with monies going to a dedicated 

fund. The radon and mammography programs are supported by federal funds. 

Strengths identified by the program include their good working relationship with the regulated 

community, good internal support (i.e., INCIDENT database) and the Bureau’s experienced 

staff. The program identified their cumbersome regulatory adoption process as a weakness. 

The Bureau staff noted STP efforts to improve NRC support for State programs and the 

improved level of communication and consultation with the States. The Assistant Program 

Manager noted that the Commission’s decisions regarding Part 35 training and education 

issues were not in the best interest of States’ ability to remain compatibility with the NRC. 

The Bureau has expended a significant amount of resources on outreach programs for 

emergency preparedness which includes supporting local communities with training, 

procedures and calibration of radiological equipment made available by post-September 11 

programs. The Bureau indicated that a significant amount of radiological equipment has made 

its way to the local levels throughout the State. 
NY State Department of Health 3 

Periodic Meeting Summary 

The NRC staff discussed the recent developments regarding the nominations for the two vacant 

Commission positions. Also discussed was the consolidation of the Region I and Region II 

materials programs, the status of the feline hyperthyroidism policy, the status of National 

Materials Program pilot projects, materials security issues as they impacted the States, 

changes in the NMED database and program and the potential impact of NRC’s aging 

workforce (i.e., succession planning). NRC staff also highlighted the proposed changes to two 

documents that directly affect the IMPEP process: Management Directive 5.6 and STP 

Procedure SA-116. There was also a discussion of the recent GAO report on the security of 

radioactive materials, and the status of various proposals in Congress to amend the Atomic 

Energy Act. 

The Assistant Program Manager indicated that the Bureau prepares monthly metrics and a 

report of programmatic highlights. 

There were no allegations referred to the Bureau by NRC Region I since the last IMPEP. 

The NRC staff indicated that next IMPEP of the New York Agreement State Program is 

scheduled for FY 2006. No issues were identified by NRC staff to change the scheduling of the 

next review. 
UNITED STATES


NUCLEAR REGULATORY COMMISSION


 REGION I


475 ALLENDALE ROAD


KING OF PRUSSIA, PENNSYLVANIA 19406-1415 


December 11, 2003 

Clayton J. Bradt, C.H.P. 

Principal Radiophysicist 

Radiological Health Unit 

Division of Safety and Health 

New York State Department of Labor 

NYS Office Campus, Bldg. 12, Room 169 

Albany, NY 12240 

SUBJECT: PERIODIC MANAGEMENT MEETING SUMMARY 

Dear Mr. Bradt: 

A periodic meeting with the New York Department of Labor was held on November 13, 2003. 

The purpose of the meeting was to review and discuss the status of the New York Agreement 

State program. The NRC was represented by Kevin Hsueh from the NRC’s Office of State and 

Tribal Programs and me. Specific topics and issues of importance discussed at the meeting 

included the Department’s actions taken in response to the IMPEP recommendations and 

security of radioactive materials. 

I have completed and enclosed a general meeting summary, included any specific actions that 

will be taken as a result of the meeting. 

If you feel that our conclusions do not accurately summarize the meeting discussions, or have 

any additional remarks about the meeting in general, please contact me at (610) 337-5042 or 

by e-mail at adw@nrc.gov to discuss you concerns. 

Thank you for your cooperation. 

Sincerely, 

Original signed by Duncan White 

Duncan White, CHP 

Regional State Agreements Officer 

Division of Nuclear Materials Safety 

cc: 

K. Hsueh, STP 

R. Bores, RI 
C. Bradt 2 

Radiological Health Unit 

DISTRIBUTION 

RIDS SPO1 

G. Pangburn, RI 

F. Costello, RI 

J. Piccone, STP 

L. Rakovan, STP 

DOCUMENT NAME: C:\ORPCheckout\FileNET\ML033500338.wpd 

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OFFICE DNMS/RI N DNMS/RI DNMS/RI 

NAME DWhite ADW 

DATE 12/11/03 

OFFICIAL RECORD COPY

AGREEMENT STATE PERIODIC MEETING SUMMARY FOR 

NEW YORK DEPARTMENT OF LABOR (DOL) 

DATE OF MEETING: November 13, 2003 

ATTENDEES: 

Duncan White, RSAO 

Kevin Hsueh, ASPO 

Clayton Bradt, Program Director 

Anthony Germano, Division Director 

DISCUSSION: 

The proposed status of each of the four recommendations applicable to DOL in Section 5.0 of 

the 2002 Integrated Materials Performance Evaluation Program (IMPEP) review of New York is 

summarized below. 

1.	 The review team recommends that NYC, DOL and DEC perform core inspections in a 

timely manner, and that NYC take appropriate action to improve the tracking 

mechanisms necessary to evaluate their own timeliness for initial inspections. (Section 

3.1.5) 

Current Status: The Program Director indicated that all inspections are currently up to 

date and that inspectors are starting to inspect licensees due in the next quarter. It is 

recommended that this item be verified at the next IMPEP review. 

2.	 The team recommends that DOL and DEC perform annual supervisory 

accompaniments of all materials inspectors. (Section 3.2.5) 

Current Status: The Program Director has accompanied some inspectors since the last 

review and plans to continue accompaniments. It is recommended that this item be 

verified at the next IMPEP review. 

3.	 The review team recommends that NYC, DOL and DOH draft and implement a method 

to ensure timely submittal of information to NRC and the Nuclear Materials Event 

Database (NMED) and implementation an effective procedure to identify, track and 

review all incident reports. (Section 3.5.5) 

Current Status: DOL hosted NMED training on September 16 at their Albany office 

which was attended by other New York program offices and other Agreement State 

representatives from New England. DOL indicated that they fully support the reporting 

of radiological events for the purposes of sharing with other agencies as a matter of 

health and safety. They have chosen not to report events to the NRC in accordance 

with the requirements in STP Procedure SA-300 “Reporting of Material Events”, mainly 

due to philosophical differences with NRC policies. Program Director continues to hold 

the view that DOL does not have an obligation to promptly report incidents to the NRC 

that do not directly impact NRC licensees or licensees from other Agreement States. 

NRC staff stated that prompt event reporting is still an important issue at the NRC, 

particular due to the interest in the security at nuclear facilities and that the Commission 
NYDOL Periodic Meeting Summary 2 

continues to view event reporting as a matter of comparability. This recommendation 

remains open. 

4.	 The team recommends that each New York Agency (NYC, DOH, DEC, and DOL) 

develop and implement an action plan to adopt NRC regulations in accordance with the 

current NRC policy on adequacy and compatibility. (Section 4.1.3) 

Current Status: The Program Director indicated that several amendments to the DOL 

regulations have been prepared and will send to the Department’s legal staff for review 

by the end of the year. Adoption of the regulations will probably take a few years and 

will also require approval by the Governor’s Office of Regulatory Reform. DOL has 

adopted portions of the general licensee rule by license condition. The program is also 

implementing the license termination rule and plans to adopt the rule. This 

recommendation remains open. 

The Division Director indicated that he is currently serving on an Occupational Safety and 

Health Agency (OSHA) Task Force involved with developing safety and health procedures to 

support emergency response personnel that could be involved in responding to terrorist or other 

catastrophic disasters. There was a discussion regarding NRC activities in this area, 

particularly NRC’s coordination with other federal agencies, particularly the Department of 

Homeland Security. DOL also inquired about the status of the National Response Plan. After 

the meeting, the RSAO provided the Program Director with the desired information. 

Since the last IMPEP, one individual retired from the program (Andrew Awai). This position 

remains vacant. The program currently has eight technical and four administrative staff 

members. There is currently a Statewide hiring freeze and that an exemption is required to fill 

the vacant position. The Program Director indicated that the program’s experienced staff 

continues to be its greatest strength. 

The Program Director indicated that the program’s funding level is essential the same as last 

fiscal year. The program currently covers approximately 40% of its operating costs through 

fees with the balance from the general state funds. There have been no changes in the 

program’s responsibilities or governing legislation since the last review. 

The Program Director expressed his concern over the NRC’s use of national security to directly 

regulate Agreement State licensees. It is the Program Director’s position that the Agreement 

States could have implemented the necessary actions under the public health and safety 

provisions of the Agreement to ensure the security of licensed radioactive materials. NRC’s 

decisions to pursue actions under national defense were not generally well thought out and 

have resulted in complicating and damaging the NRC’s relationship with the Agreement States. 

As examples, the Program Director indicated the need to negotiate Section 271i Agreements 

for the States to perform the inspections and need for the States (and some licensees) to 

handle safeguards information. 
NYDOL Periodic Meeting Summary 3 

Finally, despite NRC’s assurances that the security and health and safety issues can be dealt 

with separately, The Program Director stated that circumstances may push a greater NRC role 

in Agreement State matters. The Program Director referred to a petition recently received by 

the NRC from a community group in Brooklyn pursuing the closing of a waste broker licensee 

based on the security concerns. By pursuing security concerns at an Agreement State 

licensee, a local community group can bypass the State and force the NRC, at a minimum, to 

expend its resources on matters that it would normally not be engaged. 

The NRC staff discussed the recent developments regarding the nominations for the two vacant 

Commission positions. Also discussed was the consolidation of the Region I and Region II 

materials programs, the status of the feline hyperthyroidism policy, the status of National 

Materials Program pilot projects, materials security issues as they impacted the States, 

changes in the NMED database and program and the potential impact of NRC’s aging 

workforce (i.e., succession planning). NRC staff also highlighted the proposed changes to two 

documents that directly affect the IMPEP process: Management Directive 5.6 and STP 

Procedure SA-116. There was also a discussion of the recent GAO report on the security of 

radioactive materials, and the status of various proposals in Congress to amend the Atomic 

Energy Act. 

The Program Director indicated that the program prepares monthly metrics and a report of 

programmatic highlights. 

There was one allegation referred to the program by NRC Region I since the last IMPEP. 

Shortly after the meeting, the Region received feedback from the program to close out the 

allegation. 

The NRC staff indicated that next IMPEP of the New York Agreement State Program is 

scheduled for FY 2006. No issues were identified by NRC staff to change the scheduling of the 

next review. 
UNITED STATES


NUCLEAR REGULATORY COMMISSION


 REGION I


475 ALLENDALE ROAD


KING OF PRUSSIA, PENNSYLVANIA 19406-1415 


December 31, 2003 

Gene Miskin, Director 

Bureau of Radiological Health 

New York City Department of Health and Mental Hygiene 

2 Lafayette Street, 11th Floor 

New York, NY 10007 

SUBJECT: PERIODIC MANAGEMENT MEETING SUMMARY 

Dear Mr. Miskin: 

A periodic meeting with the New York City Department of Health and Mental Hygiene was held


on November 14, 2003. The purpose of the meeting was to review and discuss the status of


the New York Agreement State program. The NRC was represented by Kevin Hsueh from the


NRC’s Office of State and Tribal Programs and me. Specific topics and issues of importance


discussed at the meeting included the Department’s actions taken in response to the IMPEP


recommendations.


I have completed and enclosed a general meeting summary, included any specific actions that


will be taken as a result of the meeting.


If you feel that our conclusions do not accurately summarize the meeting discussions, or have


any additional remarks about the meeting in general, please contact me at (610) 337-5042 or


by e-mail at adw@nrc.gov to discuss your concerns.


Thank you for your cooperation.


Sincerely, 

Original signed by Duncan White 

Duncan White, CHP 

Regional State Agreements Officer 

Division of Nuclear Materials Safety 

cc: 

K. Hsueh, STP 

R. Bores, RI 
G. Miskin 2 

Bureau of Radiological Health 

DISTRIBUTION 

RIDS SPO1 

G. Pangburn, RI 

F. Costello, RI 

J. Piccone, STP 

L. Rakovan, STP 

DOCUMENT NAME: C:\ORPCheckout\FileNET\ML033650283.wpd 

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OFFICE DNMS/RI N DNMS/RI DNMS/RI 

NAME DWhite adw 

DATE 12/31/03 

OFFICIAL RECORD COPY

AGREEMENT STATE PERIODIC MEETING SUMMARY FOR 


NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE (NYC)


DATE OF MEETING: November 14, 2003


ATTENDEES:


Duncan White, RSAO


Kevin Hsueh, ASPO


Gene Miskin, Program Director


Alan Goldberg, Assistant Commissioner


Ken Daniels, Administrative Director - Environmental Sciences and Engineering


Richard Borri, Senior Scientist, Radioactive Materials Section


DISCUSSION:


The proposed status of each of the six recommendations applicable to NYC in Section 5.0 of


the 2002 Integrated Materials Performance Evaluation Program (IMPEP) review of New York is


summarized below.


1.	 The review team recommends that NYC, DOL and DEC perform core inspections in a 

timely manner, and that NYC take appropriate action to improve the tracking 

mechanisms necessary to evaluate their own timeliness for initial inspections. (Section 

3.1.5) 

Current Status: The Bureau stated that they are currently up to date with core 

inspections. Initial inspections are performed within six months of license issuance. 

The Bureau identified a list of improvements and changes needed for their RAD 

database. These changes have been discussed with the Department programmers and 

these fixes have been scheduled for upgrade. Approximately every two to three 

months, Bureau inspectors check licensee files manually to correlate inspections dates 

entered in the RAD database. The Radioactive Materials Supervisor performs a quality 

assurance check of the database on a monthly basis. Bureau and Office management 

also hold weekly tracking meetings to review the status of materials and machine 

inspections and productivity issues and goals. One of the monthly report metrics for the 

Bureau tracks the timeliness of inspections. It is recommended that this item be verified 

at the next IMPEP review. 

2.	 The review team recommends that NYC and DEC transmit inspection findings to their 

licensees within thirty days after the close of the inspection. (Section 3.1.5) 

Current Status: This item is tracked as a monthly metric and the Bureau reported that 

inspection results are issued to the licensee on the average of 21 days with a maximum 

time of 39 days. It is recommended that this item be verified at the next IMPEP review. 

3.	 The review team recommends that NYC review and revise their inspection process, 

including report preparation to ensure that inspection findings are accurately described 

in the documentation of the inspection and that cited violations are supported in the 

inspection field notes. (Section 3.2.5) 
NYC Periodic Meeting Summary	 2 

Current Status: Periodic meetings are held with inspection staff to emphasis the 

importance of preparing inspection reports which are consistent with the observations in 

the field notes. The Bureau has also changed the process for the inspection 

correspondence. Inspectors are now required to prepare the inspection documentation 

to the licensee in addition to the inspection field notes. The Senior Radioactive 

Materials Inspector reviews the correspondence and the field notes to ensure that all 

violations are cited properly and documented both in the notes and the letter. It is 

recommended that this item be verified at the next IMPEP review. 

4.	 The review team recommends that NYC review all licenses to ascertain if any require 

financial assurance, take appropriate actions on each affected license to ensure that all 

licensees meet codified financial assurance requirements. (Section 3.4.5) 

Current Status: The Bureau has identified approximately 10 licensees that will require 

financial assurance. A draft letter has been prepared and will be issued to these 

licensees shortly requesting compliance with NYC financial assurance requirements. 

This recommendation remains open. 

5.	 The review team recommends that NYC, DOL and DOH draft and implement a method 

to ensure timely submittal of information to NRC and the Nuclear Materials Event 

Database (NMED) and implementation an effective procedure to identify, track and 

review all incident reports. (Section 3.5.5) 

Current Status: The Bureau indicated that monthly metrics are maintained for incidents 

and complaints (i.e., allegations). The Bureau indicated that they have had no 

reportable events so far this year and only three materials events in total, two of which 

involved accelerator produced materials. Most events reported to the Bureau are 

related to accelerators and trash calls. NRC staff briefly summarized some of the 

changes to NMED and recommended that the Bureau periodically review their events 

from the NMED web site externally to ensure that all information is complete and 

accurate. The Program Director indicated that future reporting of medical incidents will 

not include any identifying patient or licensee information consistent with State law and 

the current State Department of Health practice. It is recommended that this item be 

verified at the next IMPEP review. 

6.	 The team recommends that each New York Agency (NYC, DOH, DEC, and DOL) 

develop and implement an action plan to adopt NRC regulations in accordance with the 

current NRC policy on adequacy and compatibility. (Section 4.1.3) 

Current Status: The Bureau has met with the Department’s general counsel regarding 

the adoption of overdue and due NRC amendments with the exception of the Part 35 

revision. The Bureau plans to adopt Part 35 in a future rule making in coordination with 

State Department of Health’s adoption of the same NRC amendment. The Bureau is 

preparing a Certificate of Necessity for issuance in January 2004 with final adoption of 

the amendments in the summer. Subsequent to the meeting and at the request of the 

Bureau, the RSAO reviewed their list of NRC amendments for completeness and 

determined that two amendments were omitted. This information was forwarded to the 

Bureau. NRC staff reviewed the STP regulations review process and suggested that 
NYC Periodic Meeting Summary 3 

the Bureau review the information available on the STP web site and contact STP or the 

RSAO if they have any questions. This recommendation remains open. 

The Bureau has plans to hire three individuals into Radiation Emergency Response positions 

that are funded through the CDC terrorism grants. The positions are currently posted. NYC 

management present stated that the City is on the fast track to fill these positions and get the 

program up and operational. Equipment will also be purchased. These new positions will form 

a new emergency preparedness (EP) section within the Bureau. There have been no other 

personnel changes since the last IMPEP review. 

There have been no legislative changes affecting the Agreement State program. Besides the 

creation of the new EP section, there have been no other changes in the Bureau’s 

responsibilities. According to the Program Director, a small cut in budget (2%) this year did not 

affect the Bureau. Fees generated by the Bureau go directly to the general municipal fund. 

The amount of fees generated by the Bureau covers their operating costs. The Program 

Director indicated that the Bureau will look at changing their fees next year. 

The Program Director noted that the current Administration is supportive of training staff and 

anticipates no particular problems in getting the necessary training for the new EP staff 

members. In particular, the Program Director and the Administrative Director noted that 

Jeanine Prud’homme, the current Assistant Director for the Office of Environmental Sciences 

and Engineering, has been very supportive of the Bureau and is committed to its improvement. 

The Bureau has some staff members that are eligible or plan to retire in the near future. The 

Program Director noted that the stressed fiscal situation in the City currently and in the near 

future will make it difficult to fill vacated positions and for succession planning. 

The NRC staff discussed the recent developments regarding the nominations for the two vacant 

Commission positions. Also discussed was the consolidation of the Region I and Region II 

materials programs, the status of National Materials Program pilot projects, materials security 

issues as they impacted the States, changes in the NMED database and program and the 

potential impact of NRC’s aging workforce (i.e., succession planning). NRC staff also 

highlighted the proposed changes to two documents that directly affect the IMPEP process: 

Management Directive 5.6 and STP Procedure SA-116. There was also a discussion of the 

recent GAO report on the security of radioactive materials, and the status of various proposals 

in Congress to amend the Atomic Energy Act. 

There were no allegations referred to NYC by NRC Region I since the last IMPEP. 

The NRC staff indicated that next IMPEP of the New York Agreement State Program is 

scheduled for FY 2006. No issues were identified by NRC staff to change the scheduling of the 

next review.