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NRC and Agreement State Management of Consignments of Contaminated Products. Angela R. McIntosh, Regional Coordinator Office of Federal and State Materials and Environmental Management Programs Jenny Tobin Wollenweber, Licensing Officer Office of International Programs

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Nrc and agreement state management of consignments of contaminated products

NRC and Agreement State Management of Consignments of Contaminated Products

Angela R. McIntosh, Regional Coordinator

Office of Federal and State Materials

and Environmental Management Programs

Jenny Tobin Wollenweber, Licensing Officer

Office of International Programs

Presentation to the Organization of Agreement States

August 27, 2012


TOPICS Contaminated Products

  • Background

  • Draft COC Status

  • Contaminated Product Notifications to NRC

  • NRC Notifications

  • National Response Framework

  • NRC and Agreement State Responsibility

  • Additional Considerations

  • Agreement State Impact


BACKGROUND Contaminated Products

  • 2009: Meeting of IAEA Member States in Tarragona, Spain.

  • 2010: IAEA consultancy meeting in Vienna, Austria.

  • 2011: IAEA General Conference resolution to move forward on consideration of CoC

  • 2011: “Meeting of Experts to Develop a Non-Binding Instrument on the Trans-boundary Movement of Scrap Metal that May Inadvertently Contain Radioactive Material” Vienna, Austria.


BACKGROUND Contaminated Products

  • 2012 January: Draft Code of Conduct distributed to IAEA Member States for comment.

  • 2012 February: Dept. of State began to coordinate Federal interagency discussions.

  • Subsequently, NRC requested Agreement States’ participation.


Code of conduct
CODE OF CONDUCT Contaminated Products

  • Non-legally binding

  • Countries make political commitments to support ideas in CoC

  • Familiarity with CoC on safety and security of radioactive sources- the U.S.’s strong support showed through incorporation into legally-binding regulations


DRAFT COC on Contaminated Products

MANAGING CONTAMINATED

CONSIGNMENTS: STATUS

  • 2012 July: Cable and U.S. comments on draft CoC sent to IAEA.

  • Comments:

    • Remove the proactive industry provisions and

    • put into a “best practices” document.

    • Include “finished products” in the scope.

    • Revise the CoC’s definition of “radioactive

    • material.”


Draft coc next steps
DRAFT COC: NEXT Contaminated ProductsSTEPS

  • NRC anticipates future IAEA meetings/discussions as a result of our comments

  • Ultimately, the CoC would have be approved by the IAEA Board of Governors

  • It is still unclear if other large, import/export countries are willing to make a political commitment to the CoC


CONTAMINATED Contaminated Products

PRODUCT NOTIFICATIONS

  • When made to NRC by Agreement States:

    • Are courtesy notifications – no Federal requirement.

    • States are encouraged to make notifications to the NRC Operations Center.

    • Will be captured as a logbook entry (no public report; no NMED record).


NRC NOTIFICATION Contaminated Products

  • Courtesy notification made by NRC to certain Federal agencies:

    • EPA (primarily)

    • US Coast Guard, FDA, Consumer Product Safety Commission (as appropriate).


NATIONAL Contaminated Products

RESPONSE FRAMEWORK

  • Describes NRC role in terms of response to events at NRC/Agreement State-licensed facilities.

  • Describes EPA role in terms of assistance in instances when no licensee is identified.

  • Roles continue to be discussed.


NRC and AGREEMENT Contaminated Products

STATE RESPONSIBLITY

  • With respect to contaminated consignments, NRC has no statutory authority to respond:

    • No statutory responsibility imposed by the Atomic Energy Act.

    • No implied responsibility granted by the

    • National Response Framework.

  • Agreement States determine appropriate

  • degree of follow-up.


ADDITIONAL Contaminated Products

CONSIDERATIONS

  • NRC does not approve import of RAM unless the recipient is authorized to receive and possess the material.

  • NRC specifies no exempt quantity for imports.

  • NRC has no clearance levels.

  • NRC does not approve the frivolous uses of RAM.

  • NRC public dose limits apply to members of the public when they are impacted by NRC licensed

  • operations.


AGREEMENT STATE Contaminated Products

IMPACT

  • NRC working to facilitate equity of burden regarding response:

    • Facilitate identification of appropriate

    • Federal partner to lead response.

    • Efficient notification and information

    • sharing.

  • Memorandum of Understanding between

  • Federal agencies.


QUESTIONS Contaminated Products

Angela McIntosh 301-415-5030

[email protected]

Jenny Tobin Wollenweber 301-415-2328 [email protected]


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