NRC Update on Regulatory Activities Affecting Industrial Radiography

Transcription

1 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 Programs February 15, 2018

2 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 2

3 NRC s Category 3 Source Security and Accountability Initiatives

4 Summary of Activities to Support SECY 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 4

5 Summary of Stakeholder Feedback Require Cat3 through LVS/Regulator Track Cat 3 Sources in NSTS Enhance Cat 3 Physical Security Specifically License Cat 3 GLs OAS/ Agreement States NGOs DOE/NNSA No comment No comment No comment Licensees 5

6 6 Conclusions in SECY 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

7 Recommendations in SECY 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. 7

8 Commitments in SECY Update integrated rulemaking plan outlined in SECY 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 8

9 Strategy Diagram of Interrelated Category 3 Source Security and Accountability Activities Response to SRM-COMJMB Proposed Staff Re-Evaluation of Category 3 Source Accountability Use as input NSTS and LVS Expansion Evaluation Vulnerability Assessment Cost-Benefit Analysis Stakeholder Outreach Use as input Response to 2016 GAO Audit/Investigation of NRC and Agreement State Materials Licensing SECY FRN Measures for License Verification and Transfer of Sources Implement recommendations Recommendations deferred due to overlap with new working group Non-rulemaking recommendation: guidance, training, IMPEP Implement Recommendations Pre-Licensing Process Enhancements Rulemaking recommendation related to safety/ security equipment Rulemaking Rulemaking Conduct General License Re-evaluation SECY Paper Integrated Rulemaking Plan 10 CFR Parts 30, 37, 40, CFR Part 37 Program Review Implement recommendations NEI-PRM Rulemaking Report to Congress & Program Review 9

10 Part 37 Activities

11 Inspection Activity Scope and Methodology Evaluate inspection results for NRC licensees from first two years of Part 37 implementation to look for trends in licensee compliance with the rule. Staff Evaluation Staff Recommendation Development Commission Decision Events Evaluate reported incidents of theft or loss of radioactive material to determine whether the incidents are indicative of regulatory framework gap. Part 37 Program Review NSTS Training Aggregate T&R 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. Program Review Team Program Review Steering Committee Commission Paper Staff direction on Part 37 Report to Congress Internat l External Outreach 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 of 10 CFR Part 37

12 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 12

13 Regulatory Information Summaries (RIS) RIS , revision 1 issued December 26, 2017 Control 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 issued January 22, 2018 Common 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

14 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 ) 14

15 Electronic Dosimeters

16 PRM-34-7 Chronology NDTMA/ASNT Letter dated July 14, 2016 Docketed as PRM-34-7 Federal Register Notice Published November 9, comments received Working Group formed Prepared cost-benefit analysis Petition Review Board (PRB) meetings May 2017 October

17 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 17 17

18 Revised Policy on Combination Dosimetry Devices RIS issued September 19, 2017 NRC 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)

19 Petition to Clarify Training, Surveillance and Two-Man Rule Requirements PRM-34-6

20 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 (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 20 20

21 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,

22 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 information Prepare rulemaking plan 22 22

23 Enforcement Cases

24 Industrial Radiography Escalated Enforcement IA [30.10(a)(1) and 34.41(a)] and EA [34.41(a)] Deliberately performed radiography at temporary job site with only one individual EA [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

25 Industrial Radiography Escalated Enforcement EA [34.47] Removed alarming ratemeter from body to perform radiation survey required by Alarm ratemeter set to give alarm at 100 msv/hr instead of 5 msv/hr

26 Questions? Duncan White, CHP Senior Health Physicist