UNITED STATES

 NUCLEAR REGULATORY COMMISSION

 REGION I

475 ALLENDALE ROAD

KING OF PRUSSIA, PENNSYLVANIA 19406-1415 

May 3, 2005

Barbara Youngberg

Chief, Radiation Section

NY State Department of Environmental Conservation

Division of Solid & Hazardous Materials 

Bureau of Hazardous Waste and Radiation Management

625 Broadway, 8th Floor

Albany, NY 12233-7255

SUBJECT: SUMMARY OF PERIODIC MANAGEMENT MEETING

Dear Ms. Youngberg:

A periodic meeting with NY Department of Environmental Conservation was held on April 12,

2005. The purpose of this meeting was to review and discuss the status of the Department’s

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 status of the Department’s efforts to 1) adopt overdue NRC

amendments required for compatibility; and 2) complete the investigation of sites for the NRC

formerly licensed sites grant project.

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

resulting from the discussions.

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

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

e-mail to 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

Enclosure: As stated

cc:

K. Hsueh , STP
B. Youngberg 2

NY State Department of Environmental Conservation

DISTRIBUTION

SPO1

G. Pangburn, RI

C. Lui, RI

F. Costello, RI

S. Minnick, RI

P. Lohaus, STP

D. Rathbun, STP

J. Zabko, STP

O. Siurano, STP

SISP Review Completed by: CXL 4/29/05

DOCUMENT NAME: E:\Filenet\ML051250442.wpd

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OFFICE DNMS/RI N DNMS/RI DNMS/RI

NAME DWhite ADW

DATE 4/29/05

OFFICIAL RECORD COPY
AGREEMENT STATE PERIODIC MEETING SUMMARY FOR

NEW YORK DEPARTMENT OF ENVIRONMENTAL CONSERVATION (DEC) 

DATE OF MEETING: April 12, 2005

ATTENDEES:

Duncan White, RSAO

Kevin Hsueh, ASPO

Barbara Youngberg, Program Manager

Edwin Dassatti, Director

David O’Toole, Assistant Director

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

are 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’s Radiation Section currently has 38 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 programs. Permitees are

required to report their environmental discharges annually to the DEC. During the

previous periodic meeting, the Radiation Section indicated that its inspection

frequencies were revising its inspection priorities to routinely inspect its permitees based

primarily on the amount of actual environmental discharges rather than based on the

maximum allowed level in the permit. An annual reevaluation is conducted to reassign

the inspection priorities based on actual emissions. Based on the new frequencies, the

Section currently has two overdue inspections which have been scheduled. The

Program Manager indicated the two overdue inspections are the result of these

inspections being deferred due to the higher priority cyclotron 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: The Program Manager indicated that most inspection reports are issued

within 30 days. It is recommended that this item be verified at the next IMPEP review.

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

accompaniments of all materials inspections. (Section 3.2.5)

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

every other year due to the small number of inspections performed annually. It is

recommended that this item be verified at the next IMPEP review.
NYDEC Periodic Management Meeting Summary Page 2

April 2005

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

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

Current Status: Prior to the periodic meeting, the RSAO requested that the Section

review the status of the DEC’s regulations on the STP website for completeness and

accuracy. The Program Manager and NRC staff discussed the status of each overdue

NRC regulation amendment required for compatibility. The results of this review can be

found in the attached table. Since the last periodic meeting, the Section has made little

progress in adopting NRC regulations. There are currently nine NRC amendments that 

DEC has not adopted in accordance with NRC policy on adequacy and compatibility.

The Section plans to adopt by consensus (direct) rulemaking the new transportation

requirements and various low level radioactive waste (LLRW) requirements by the end

of 2005. DEC management present indicated that the Governor’s Office of Regulatory

Reform (GORR) review process presents a significant hurdle to the adoption of

regulations by New York agencies. NRC staff reviewed STP’s regulation review process

with the Program Manager and requested that the Section submit legally binding

requirements in addition to proposed and final regulations for NRC review. 

Since the last periodic meeting in November 2003, overall technical staffing levels in the

Section have remained the same. The Section currently has 10 technical and 0.5 full-time

equivalent (FTE) administrative staff members. There are currently three technical and one

administrative vacancies. The Agreement State program portion of the Section is

approximately 3 to 3.5 FTE. One individual was promoted (Marcus Spivak) within the Section

to a position not directly involved with Agreement State activities and one of the vacant

positions was filled (John Frisone) through an exemption. There is one vacancy in the

Agreement State program (the Part 380 permit unit). 

The Program Manager indicated that the Section’s strengths continue to be its experienced

staff and availability of equipment. The Section continues to upgrade its field and laboratory

equipment over the last year. Program weaknesses also continue to be the loss of staff and

the difficultly in filling vacancies due to the tight budget situation faced by the Department which

limits its FTE ceiling. The Program Manager also noted the growing salary disparity between

the Department and the private sector in that several quality candidates turned down the

recently filled vacant position due to its salary.

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

activities including providing the necessary training for the new staff member. The Section’s

current funding level is essentially the same as that of last fiscal year. The Section receives

none of its funding from general State revenue funds. Funding for the Section comes from an

assessment on nuclear power plants, a federal grant from the Army Corp of Engineers for

FUSRAP sites and the Department of Energy for the oversight of West Valley. Current

priorities in the Section include cyclotrons, West Valley and water treatment waste (radium in

drinking water).
NYDEC Periodic Management Meeting Summary Page 3

April 2005

The Section has two closed low level radioactive sites (West Valley and Cornell). The Section

continues to regulate the State-Licensed Disposal Area at West Valley under a permit issued to

New York State Energy Research and Development Agency (NYSERDA) which oversees the

State owned portion of the West Valley site. The cover for the Cornell disposal site is complete

but the Section continues to regulate cover maintenance and discharges from the pump and

treatment system for the chemically contaminated groundwater at the site.

There were no allegations referred to the Program by NRC Region I since the last periodic

meeting. There were no reportable events since last meeting. DEC rarely reports to the NRC

Operations Center since all their permitees also have a specific license from one of the other

three New York agencies. The Section generally will respond to events involving radiation

alarms at landfills, transfer stations or incinerators. The Program Manager noted that the

operators of radiation detection systems in use at some waste facilities are now experienced at

handling alarms. Some operators have gamma spectroscopy instrumentation and can provide

detailed information.

The Program Manager and NRC 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. Among them, twelve sites have been closed out. For the remaining two sites, one is

expected to be closed out in May 2005 and the other one still requires site visits or further

review which may take a couple more months. Based on a follow-up discussion on this subject

between the NRC staff and the Program Manager after the meeting, DEC planned to send a

status report to NRC by early May to close out the 13 sites and provide a time frame when the

review of the last site is expected to be completed. 

The NRC staff discussed recent developments at the agency including the recess appointment

of two new commissioners, the status of NRC’s activities in the areas of high level waste and

low level waste, recent security initiatives for material licensees and the status of the National

Materials Program pilot projects. There was also a brief discussion of the proposed legislation

for the West Valley site proposed by NYSERDA. The Section indicated satisfaction with the

level and availability of electronic communication from STP through electronic mailings or the

STP website. 

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 in addition to the annual review of the reported effluent discharges from its permitees.

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

is scheduled for FY 2006 and that the results of this periodic meeting will be discussed with the

Management Review Board at a scheduled meeting within the next few months.
State Regulation Status Data Sheet (SRS)

State: New York Department of Environmental Conservation Date: April 12, 2005

NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID

Proposed / Final (F)

Rule / ML 

Safety Requirements for Radiographic Equipment-Part 34 55 FR 843; (1/10/94) 1991-1 

ANT Certification of Radiographers-Part 34 56 FR 11504; (none) 1991-2 Standards for Protection Against Radiation-Part 20 56 FR 23360; 56 FR 61352;

57 FR 38588; 57 FR 57877;58 FR 67657; 59 FR 41641;60 FR 20183; (1/1/94)

1991-3 F 

Notification of Incidents-Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; (10/15/94) 1991-4 Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1⁄27/95) 1992-1 

Eliminating the Recordkeeping Requirements for Departures fromManufacturer's Instructions-Parts 30, 35

57 FR 45566; (none) 1992-2 

Decommissioning Recordkeeping and License Termination: Documentation Additions [Restricted areas and spill sites]-Parts 30, 40 

58 FR 39628; (10/25/96) 1993-1 

Licensing and Radiation Safety Requirements for Irradiators-Part 36 58 FR 7715; (7/1/96) 1993-2 Definition of Land Disposal and Waste Site QA Program-Part 61 58 FR 33886; (7/22/96) 1993-3 Self-Guarantee as an Additional Financial Mechanism-Parts 30, 40, 70 58 FR 68726; 59 FR 1618

(none)

1994-1 

Uranium Mill Tailings Regulations: Conforming NRC Requirements to EPAStandards-Part 40

59 FR 28220; (7/1/97) 1994-2 

Timeliness in Decommissioning Material Facilities-Parts 30, 40, 70 59 FR 36026; (8/15/97) 1994-3 
NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID

Proposed / Final (F)

Rule / ML 

Preparation, Transfer for Commercial Distribution, and Use of ByproductMaterial for Medical Use-Parts 30, 32, 35

59 FR 61767; 59 FR 6524360 FR 322; (1/1/98)

1995-1 

Frequency of Medical Examinations for Use of Respiratory ProtectionEquipment-Part 20

60 FR 7900; (3/13/98) 1995-2 

Low-Level Waste Shipment Manifest Information and Reporting-Parts 20,61

60 FR 15649; 60 FR 25983(3/1/98)

1995-3 F 

Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4 Radiation Protection Requirements: Amended Definitions and CriteriaParts 19, 20 60 FR 36038; (8/14/98) 1995-5 Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6 

 Medical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48623; (10/20/98) 1995-7 10 CFR Part 71: Compatibility with the International Atomic EnergyAgency-Part 71

60 FR 50248; 61 FR 28724(4/1/99)

1996-1 F 

One Time Extension of Certain Byproduct, Source and Special NuclearMaterials Licenses-Parts 30, 40, 70

61 FR 1109; (none) 1996-2 

Termination or Transfer of Licensed Activities: Record keepingRequirements-Parts 20, 30, 40, 61, 70

61 FR 24669; (6/17/99) 1996-3 

Resolution of Dual Regulation of Airborne Effluents of RadioactiveMaterials; Clean Air Act-Part 20

61 FR 65120; (1/9/00) 1997-1 F - LBR 

Recognition of Agreement State Licenses in Areas Under Exclusive FederalJurisdiction Within an Agreement State-Part 150

62 FR 1662; (2/27/00) 1997-2 

Criteria for the Release of Individuals Administered Radioactive MaterialParts 20, 35 62 FR 4120; (5/29/00) 1997-3 Fissile Material Shipments and Exemptions-Part 71 62 FR 5907; (none) 1997-4 Licenses for Industrial Radiography and Radiation Safety Requirements forIndustrial Radiography Operations-Parts 30, 34, 71, 150

62 FR 28947; (6/27/00) 1997-5 
NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID

Proposed / Final (F)

Rule / ML 

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39057; (8/20/00) 1997-6 Exempt Distribution of a Radioactive Drug Containing One Micro curie ofCarbon-14 Urea-Part 30 

62 FR 63634; (1/02/01) 1997-7 

Deliberate Misconduct by Unlicenced Persons-Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773

(2/12/01)

1998-1 under DEC

legal revie

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-BondIssuing Licensees- Parts 30, 40, 70 63 FR 29535; (none) 1998-2 

License Term for Medical Use Licenses-Part 35 63 FR 31604; (none) 1998-3 Licenses for Industrial Radiography and Radiation Safety Requirements forIndustrial Radiographic Operations-Part 34

63 FR 37059; (7/9/01) 1998-4 

Minor Corrections, Clarifying Changes, and a Minor Policy Change-Parts20, 35, 36

63 FR 39477; 63 FR 45393(10/26/01)

1998-5 

Transfer for Disposal and Manifests: Minor Technical ConformingAmendment-Part 20

63 FR 50127; (11/20/01) 1998-6 

Radiological Criteria for License Termination of Uranium RecoveryFacilities-Part 40

64 FR 17506; (6/11/02) 1999-1 

Requirements for Those Who Possess Certain Industrial DevicesContaining Byproduct Material to Provide Requested Information-Part 31

64 FR 42269; (none) 1999-2 

Respiratory Protection and Controls to Restrict Internal Exposure-Part 20 64 FR 54543; 64 FR 55524

(2/2/03)

1999-3 

Energy Compensation Sources for Well Logging and Other RegulatoryClarifications-Part 39

65 FR 20337; (5/17/03) 2000-1 

New Dosimetry Technology-Parts 34, 36, 39 65 FR 63750; (1/8/04) 2000-2 Requirements for Certain Generally Licensed Industrial Devices ContainingByproduct Material - Parts 30, 31, 32

65 FR 79162; (2/16/04) 2001-1 

Revision of the Skin Dose Limit -Part 20 67 FR 16298; 4/5/05 2002-1 
NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID

Proposed / Final (F)

Rule / ML 

1. Or other generic Legally Binding Requirements.2. (Y/N) Y means “Yes,” there are comments in the review letter that the State needs to address. 

N means “No,” there are no comments in the review letter.

3. Not Required means these regulations are not required for purposes of compatibility.4. A State need not adopt a specific regulation if the State has no licensees that would be subject to the regulation. See: “Final Policy 

Adequacy and Compatibility of Agreement State Programs,” III.1.Time From For Adoption of Compatible State Regulations, p. 6, S1995.

5. ADAMS ML Number.

Medical Use of Byproduct Material-Parts 20, 32, and 35 67 FR 20249; 10/24/05 2002-2 Financial Assurance for Materials Licensees – Parts 30, 40, 70 68 FR 57327; (12/3/06) 2003-1 Compatibility With IAEA Transportation Safety Standards and OtherTransportation Safety Amendments – Part 71.

69 FR 3697; (10/01/07) 2004-1

Security Requirements for Portable Gauges Containing Byproduct Material- Part 30 

70 FR 2001; (7/11/08) 2005-1 

Medical Use of Byproduct Material--Recognition of Specialty Boards - Part35

70 FR 16335; (04/29/08) 2005-2