AGREEMENT STATE PERIODIC MEETING SUMMARY FOR NEW YORK DEPARTMENT OF 

ENVIRONMENTAL CONSERVATION (DEC)

DATE OF MEETING: November 27, 2007 

ATTENDIES: 

NRC

Kathleen Schneider, Senior Project Manager, FSME 

James Kottan, RSAO, Region I 

New York DEC

R. Phaneuf, Acting Bureau Director 

B. Youngberg, Chief, Radiological Sites Section 

S. Hinkel, Chief, Radiation Control Permit Section 

BACKGROUND 

During the November 2006 IMPEP the review team found New York’s performance to be 

satisfactory for all common and non-common performance indicators with the exception of the 

non-common performance indicator, Compatibility Requirements. This indicator was found to 

be unsatisfactory. Additionally, two recommendations were made by the review team. On 

February 8, 2007 the Management Review Board (MRB) met to consider the proposed final 

IMPEP report on the New York Agreement State Program. The MRB found the New York State 

Agreement State Program adequate to protect public health and safety and not compatible with 

the NRC’s program. Accordingly, the MRB determined that the New York Agreement State 

Program should continue on Heightened Oversight. Further, the MRB requested that the New 

York Agreement State Program revise and submit their Program Improvement Plans (the 

Plans), and that bi-monthly conference calls continue. The MRB also determined that a periodic 

meeting should take place in November 2007. 

DEC submitted their revised and updated Plan to the NRC in July 2007. After receipt and 

review of the Plan by NRC, the first bi-monthly call was held in September 2007. Subsequent to 

the bi-monthly call, a periodic meeting was scheduled for November 27, 2007. This summary 

describes this periodic meeting. 

DISCUSSION: 

Status of the State’s Actions to Address All Open Previous DEC IMPEP Review Findings and/or 

Open Recommendations

The proposed status for each of the recommendations and suggestions in Section 5 of the New 

York 2006 final IMPEP is summarized below. 

Recommendation 1: The review team recommends that DEC transmit inspection findings to 

their licensees within 30 days after the close of the inspection. 
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Status: The Radiation Control Permit Section Chief stated that inspection findings are now 

being transmitted to licensees within 30 days after the close of the inspection. The Section 

Chief also provided a list of DEC inspections conducted since the last IMPEP and the letter 

dates for transmittal of the inspection findings. All routine inspection findings were transmitted 

within 30 days. Inspection findings for two former land burial sites (monitoring and 

maintenance permits) were transmitted in excess of 30 days, but the Section Chief stated that 

these were complex inspections and required more time. 

It is recommended that this item be closed at the next review. 

Recommendation 2: The review team recommends that DEC develop and implement an action 

plan to adopt NRC regulations in accordance with the current NRC policy on adequacy and 

compatibility. 

Status: The DEC Plan describes eight NRC amendments (seven of which are overdue) which 

are in the process of rule making. Based on the schedule in DEC’s Plan, the regulations are 

scheduled to be implemented by the end of 2009. 

During discussions with DEC staff, the NRC representative stated that in cases where DEC has 

implemented orders or license conditions in order to implement NRC amendments, DEC should 

submit these legally binding requirements to the NRC for compatibility review in accordance 

with FSME Procedure SA 201, Review of State Regulatory Requirements. Further DEC should 

inform the NRC of any amendments (by RATS ID) that they believe do not apply or have been 

previously addressed through reviews of legally binding requirements conducted under SA 201. 

Strengths and/or Weaknesses of the State Program as Identified by the State or the NRC

DEC stated that their staff along with their instrumentation, including their in-house lab, was a 

program strength. Potential weaknesses included upcoming retirements. Although no 

retirements were expected in the Radiation Control Permit Section, the Chief of the Radiological 

Sites Section stated that she was planning to retire in 2008. DEC has been working on 

secession planning. 

Feedback on the NRC’s Program as Identified by the State, Including Identification of any Action 

that Should be Considered by the NRC

DEC stated that the NRC website was not user friendly, specifically the ability to link to other 

NRC documents. DEC welcomed the funding of training by NRC. Additionally, the attachment 

of PDF files to all agreement state letters was viewed by DEC as positive. 

Status of the State Program Including:

a. Staffing and Training

DEC is essentially fully staffed with only two vacancies due to normal staff attrition. Vacancies 

are filled in a timely manner. Staff is stable with low turnover. The staff is experienced and well 

trained. DEC management supports staff training, and staff has attended NRC and other 

training courses. 
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b. Materials Inspection Program

At the present time there are no backlog inspections. Tracking systems are in place to monitor 

inspection scheduling/tracking, and management is aware of the importance of inspection 

program schedules. Inspection frequencies for various types of licensees are the same as or 

more restrictive than those listed in IMC 2800. 

c. Regulations and Legislative Changes

There have been no legislative changes affecting the Agreement State Program since the last 

IMPEP review. 

DEC has drafted regulations to address eight NRC amendments. Seven of these regulations 

are overdue. For DEC, the following NRC amendments are overdue for adoption: 

“Notification of Incidents,” 10 CFR Parts 20, 30, 31, 34, 39, 40, and 70 amendments (58 

FR 64980), that became effective on October 15, 1991, and was due for Agreement 

State adoption by August 15, 1994. 

“Decommissioning Record keeping and License Termination: Documentation Additions,” 

10 CFR Parts 30 and 40 amendments (58 FR 39628), that became effective on October 

25, 1993, and was due for Agreement State adoption by October 25, 1996. 

“Radiation Protection Requirements: Amended Definitions and Criteria,” 10 CFR Parts 

19 and 20 amendments (60 FR 36038), that became effective on August 14, 1995, and 

was due for Agreement State adoption by August 14, 1998. 

“Termination or Transfer of Licensed Activities: Record keeping Requirements,” 10 CFR 

Parts 20, 30, 40, 61, and 70 amendments (61 FR 24669), that became effective on June 

17, 1996, and was due for Agreement State adoption by June 17, 1999. 

“Radiological Criteria for License Termination,” 10 CFR Parts 20, 30, 40, and 70 

amendments (62 FR 39057), that became effective on August 20, 1997, and was due for 

Agreement State adoption by August 20, 2000. 

“Minor Corrections, Clarifying Changes, and a Minor Policy Change,” 10 CFR Parts 20, 

30, 40, and 70 amendments (63 FR 39477, 63 FR 45393), that became effective on 

October 26, 1998, and was due for Agreement State adoption by October 26, 2001. 

“Revision of the Skin Dose Limit,” 10 CFR Part 20 amendment (67 FR 16298), that 

became effective on April 5, 2002, and was due for Agreement State adoption by April 5, 

2005. 

 

d. Program Reorganizations

Since the last IMPEP a Radiation Control Permit Section has been added to the Bureau of 

Hazardous Waste and Radiation Management. There are now two radiation sections within the 

Bureau, the Radiological Sites Section and the Radiation Control Permit Section. The Radiation 

Control Section is responsible for the issuance of permits and inspections, and the Radiological 

Sites Section is responsible for all other radiological issues in the Bureau, such as facility 
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groundwater contamination and decommissioning activities. The two sections have a total staff 

of 14. 

e. Changes in Program Budget/Funding

There have been no changes in program budgets or funding. DEC stated that they are 

adequately funded. 

Event Reporting, Including Follow-Up and Closure Information in NMED

DEC typically does not have incidents that meet the criteria for reporting to NMED and has very 

little involvement with NMED. Since the last IMPEP (November 2006), no events have been 

reported to NRC. 

Response to Incidents and Allegations

a. Status of Allegations and Concerns Referred by the NRC for Action

There were no allegations or concerns referred by NRC to DEC during this period. 

b. Significant Events and Generic Implications

No significant events were identified or discussed during the periodic meeting. 

Status of the Following Program Areas

a. Sealed Source and Device Program

Not applicable. 

b. Uranium Recovery Program

Not applicable. 

c. Low Level Waste Program

There are two low level waste disposal sites in New York State: West Valley and Cornell 

University. DEC and DOH both conduct inspections at West Valley. DEC inspections 

focus on environmental aspects of the site, and DOH inspections focus on radiation 

safety. Additionally, DOH maintains a radiological environmental monitoring program at 

the West Valley site. No change in the status of the program was identified. 

Action Items Resulting From the Meeting

DEC will provide the NRC with updated Plans, and also documentation describing NRC 

amendments (by RATS ID) that do not apply or which have been implemented by license 

condition or order. 

The NRC will provide an updated FSME organization chart to the State. 

CONCLUSION: 
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The overall performance of the DEC program continues to be good with the exception of the 

“Compatibility Requirements” performance indicator, which needs improvement. DEC has 

submitted their Plan and is working to meet the timelines specified in that Plan in order to make 

their program compatible with the NRC’s program. However, NRC staff recommends that the 

period of Heightened Oversight should continue. Additionally, the staff recommends that 

quarterly conference calls between the State and NRC are appropriate to monitor the State’s 

progress during this period of Heightened Oversight of the New York Agreement State Program, 

and that a periodic meeting be held during the summer of 2009. NRC staff recommends that 

the next IMPEP review should be conducted as scheduled in FY 2010 (tentatively November 

2010).