UNITED STATES 

 NUCLEAR REGULATORY COMMISSION 

 REGION I 

 2100 RENAISSANCE BOULEVARD, SUITE 100 

 KING OF PRUSSIA, PENNSYLVANIA 19406-2713

December 6, 2012 

Sandra Hinkel, Chief 

Radiation Control Permits Section 

Remedial Bureau 

Division of Environmental Remediation 

New York State Department of Environmental Conservation 

625 Broadway, 11th Floor 

Albany, NY 12233-7255 

Dear Ms. Hinkel: 

A periodic meeting was held with you and your staff on September 26, 2012. The purpose of 

the meeting was to review and discuss the status of the New York State Department of 

Environmental Conservation’s Agreement State Program. The NRC was represented by 

Michelle Beardsley and me. 

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

will be taken as a result of this meeting. 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) 337-5371, or email to Donna.Janda@nrc.gov to discuss 

your comments. 

Sincerely, 

 /RA/ 

Donna M. Janda 

Regional State Agreements Officer 

Division of Nuclear Materials Safety 

Enclosure: As stated 

cc: Timothy Rice, NYS DEC 

 
December 6, 2012 

Sandra Hinkel, Chief 

Radiation Control Permits Section 

Remedial Bureau 

Division of Environmental Remediation 

New York State Department of Environmental Conservation 

625 Broadway, 11th Floor 

Albany, NY 12233-7255 

Dear Ms. Hinkel: 

A periodic meeting was held with you and your staff on September 26, 2012. The purpose of 

the meeting was to review and discuss the status of the New York State Department of 

Environmental Conservation’s Agreement State Program. The NRC was represented by 

Michelle Beardsley and me. 

I have completed and enclosed a general meeting summary, including 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 discussion, or have any additional remarks about the meeting in 

general, please contact me at (610) 337-5371, or email to Donna.Janda@nrc.gov to discuss 

your comments. 

Sincerely, 

 /RA/ 

Donna M. Janda 

Regional State Agreements Officer 

Division of Nuclear Materials Safety 

Enclosure: As stated 

cc: Timothy Rice, NYS DEC 

Distribution: 

M. Beardsley, FSME 

L. Dimmick, FSME 

K. Meyer, FSME 

R. Lorson, RI 

D. Collins, RI 

ML12342A325 

SUNSI Review Complete: DMJ (Reviewer=s Initials) 

DOCUMENT NAME: S:\State Agreement Files\New York\DEC\PERIODIC MEETING SUMMARY FOR NYS DEC 9-26-12.docx 

After declaring this document AAn Official Agency Record@ it will be released to the Public. 

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OFFICE DNMS/RI E 

NAME Janda/dmj 

DATE 12/06/12 

OFFICIAL RECORD COPY
Enclosure 

AGREEMENT STATE PERIODIC MEETING SUMMARY FOR NEW YORK STATE 

DEPARTMENT OF ENVIRONMENTAL CONSERVATION (DEC) 

DATE OF MEETING: September 26, 2012 

NRC Attendees New York State Department of Environmental 

Conservation Attendees 

Donna Janda, Region I RSAO Robert Schick, Director, Division of Environmental 

Remediation 

Michelle Beardsley, FSME Jim Harrington, Director, Remedial Bureau A 

 Sandra Hinkel, Chief, Radiation Control Permit Section 

(RCPS) 

 Timothy Rice, Chief, Radiological Sites Section (RSS) 

 Jessie Owens, Radiological Sites Section 

DISCUSSION: 

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

Agreement State Program (the Program) was conducted on June 6-16, 2011. On 

October 11, 2011, the Management Review Board (MRB) met to consider the proposed final 

IMPEP report on the Program and found the Program adequate, but needs improvement, to 

protect public health and safety, and not compatible with the U.S. Nuclear Regulatory 

Commission’s (NRC) program. The agencies which comprise the New York Agreement State 

program are the New York State Department of Health (NYS DOH), New York State 

Department of Environmental Conservation (NYS DEC), and New York City Department of 

Health and Mental Hygiene (NYC). Because of the significance of the findings, the MRB 

determined that the Program should continue the period of heightened oversight, which was 

initiated in November 2005. The MRB also directed each of the agencies that comprise the 

Agreement State program to revise their Program Improvement Plans (PIP) as part of their 

response to the final IMPEP report. The NRC reviewed the agencies’ initial PIPs and concluded 

that each PIP contained a reasonable and realistic approach to addressing the 

recommendations made in the final IMPEP report. The MRB also directed that bimonthly calls 

be conducted between the New York and NRC staffs. As part of the heightened oversight 

process, each agency submits an updated PIP prior to each bimonthly call. In addition, the 

MRB determined that a periodic meeting should be held within one year of the MRB meeting to 

assess the State’s progress in addressing the open recommendations. This summary 

describes the periodic meeting with the NYS DEC. 

The status of NYS DEC’s actions to address the open recommendation follows: 

Recommendation: The 2006 IMPEP review team recommended that DEC develop and 

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

policy on adequacy and compatibility. (Open recommendation from the 2006 IMPEP 

review) 

Status: Since the June 2011 IMPEP, NYS DEC has updated their PIP to address their 

overdue regulation amendments. The adoption process for the eight overdue 

amendments has slipped six to nine months due to managing other Program priorities 

(e.g., Marcellus Shale issues). 
NYS DEC Periodic 2 

 Meeting Summary 

Enclosure 

OTHER TOPICS COVERED DURING THE MEETING INCLUDED:

Program Strengths

The Section Chiefs stated that having a well-trained, experienced staff is a major strength of the 

DEC’s radioactive materials program. 

Feedback on the NRC’s Program

The Section Chiefs are appreciative of NRC-funded training courses. The Section Chiefs noted 

that it is more difficult for staff to attend NRC-sponsored training courses, particularly the new 

health physics course series, due to the increased demand for the courses now that there are 

more Agreement States. 

Agreement State Program Staffing and Training

Since the 2011 IMPEP review, the DEC has filled one of their two vacant technical staff 

positions. This position has been moved to the DEC’s Region 9 office in Buffalo. The RCPS 

Chief does not anticipate any impacts to the Program due to the position being moved from the 

Albany office to Buffalo. Currently there are 6.75 full-time equivalents (FTE) between both 

Sections to administer the Program. 

Support for staff training exists in the DEC. Staff members have attended NRC-funded training 

courses as part of their training process. The Sections also use other means (i.e., in-house 

training and inspector accompaniments) to train current staff. State staff members need 

approval from the Governor’s office for out-of-state travel which at times impacts State 

employees’ attendance at the NRC-funded training courses. 

Inspection and Licensing Programs

The Section Chiefs noted that since the 2011 IMPEP review, there have been no backlogs in 

either permit applications or inspections. 

Regulations and Legislative Changes

During the 2011 IMPEP review, the review team identified eight NRC amendments that were 

overdue for adoption by DEC. The DEC submitted the latest version of their PIP to the NRC in 

June 2012 (ML12235A447). The DEC is addressing the overdue regulations in two packages. 

The following two overdue regulations are being addressed in Part 384: 

• “Timeliness in Decommissioning Materials Facilities,” 10 CFR Parts 30, 40, and 70 

amendments (59 FR 36026), that became effective on August 15, 1994 and were due 

for Agreement State adoption by August 15, 1994. (RATS ID 1994-3) 

• “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 were due 

for Agreement State adoption by August 20, 2000. (RATS ID 1997-6)

 
NYS DEC Periodic 3 

 Meeting Summary 

Enclosure 

The following six overdue regulations are being addressed in Part 380: 

• “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 were due for Agreement 

State adoption by August 15, 1994. (RATS ID 1991-4) 

• “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 

were due for Agreement State adoption by August 14, 1998. (RATS ID 1995-5) 

• “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 were due for Agreement State adoption by October 26, 2001. 

(RATS ID 1998-5) 

• “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. (RATS ID 2002-1) 

• “Requirements for Expanded Definition of Byproduct Material,” 10 CFR Parts 20, 30, 31, 

32, 35, 61, and 150 amendments (72 FR 55864), that became effective on November 

30, 2007, and were due for Agreement State adoption by November 30, 2012. (RATS ID 

2007-3) 

• “Occupational Dose Records, Labeling containers, and Total Effective Dose Equivalent,” 

10 CFR Parts 19 and 20 amendments (72 FR 68043), that became effective on 

February 15, 2008, and were due for Agreement State adoption by February 15, 2011. 

(RATS ID 2008-1) 

Since the 2011 IMPEP, one step in the legislative review process has been eliminated. The 

regulation packages no longer require review by the Environmental Board. 

Organization

The radioactive materials program is administered by two Sections, the Radiation Control 

Permits Sections and the Radiological Sites Section. The Sections are administered by the 

Remedial Bureau A (Bureau) of the Division of Environmental Remediation (Division). The 

Division is located in the New York State Department of Environmental Conservation. One 

organizational change, a new permanent Division Director, has occurred since the 2011 IMPEP 

review. The DEC has had no changes to their enabling legislation since the IMPEP. 

Program Budget/Funding

The Section Chiefs do not anticipate an increase in the program budget. They noted that it can 

be a challenge in their ability to spend money for the Program. The DEC Radiological 

Laboratory was closed within the last six months. Samples now get sent out for contract 

analysis. Travel approval, both in-state and out-of-state, can be challenging as noted above. 

 
NYS DEC Periodic 4 

 Meeting Summary 

Enclosure 

Event Reporting

The DEC has had no reported events since the 2011 IMPEP review. 

Response to Incidents and Allegations

DEC continues to be sensitive to notifications of incidents and allegations. The Section Chiefs 

stated that there have been no significant events or events with generic implications in DEC’s 

jurisdiction since the 2011 IMPEP review. No allegations were referred to the DEC from NRC 

since the IMPEP. 

Low-Level Radioactive Waste Disposal Program

DEC maintains regulatory oversight of two former radioactive waste disposal sites in the State 

of New York. These sites are inspected on an annual basis and are due to be inspected in the 

last quarter of 2012. 

Current State Initiatives

The RCPS is planning to revisit veterinary facilities that handle unsealed I-131 that did not 

previously need discharge permits (within the last 10 years) to determine if any of them now 

require a permit. The RCPS is also addressing new permits from cyclotron facilities. One new 

permit has been issued this year and the Section expects to receive another permit application 

in the near future. 

To address issues with Marcellus Shale waste, the RSS is working with the Solid Waste 

Program to issue guidance on how to handle these new waste streams. The Solid Waste 

Program will make a requirement to have radiation monitors at all solid waste facilities. 

State’s Mechanisms to Evaluate Performance

Supervisors accompany all inspectors on an annual basis. All inspection and permitting work 

receive supervisory reviews. Periodic staff meetings are held to discuss issues. 

SUMMARY: 

The DEC has experienced some delay in moving regulation amendments through the adoption 

process; however, the removal of one step in the process may help offset some of the delay 

being experienced. The DEC does not have a backlog in either permitting or inspections and 

has hired an inspector to fill one of the two vacant positions. 

 

NRC staff recommends that the next IMPEP review should be conducted as scheduled in 

FY 2013 (tentatively September 2013).