State Agency Program Reports to the Texas Radiation Advisory ...

State Agency Program Reports to theTexas Radiation Advisory BoardFourth Quarter 2010November 6, 2010I. Texas Department of State Health ServicesII. Texas Commission on Environmental QualityIII. Texas Railroad CommissionSection I.Department of State Health Services (DSHS)General Program Information• The 2010 Texas Radiation Regulatory Conference was a great success. There were more than500 attendees, and the evaluation responses were very positive. Retired DSHS employee PeteMyers and his wife, Karen, are to be commended for the volunteer work that they did tomake the conference successful.Radiation Safety Licensing BranchRadioactive Material Licensing Group• The Group is working to initiate and provide licensees with information and support in responseto Nuclear Regulatory Commission (NRC) request for National Source Tracking System(NSTS) users to use the online access for NSTS transactions. A letter will be sent toNSTS licensees offering assistance.• The Industrial Radiographer (IR) Certification Program has to date issued more than 1,500radiographer trainer authorizations on certification cards. The schedule of Industrial Radiographytesting dates for calendar year 2011 has been sent to IR licensees. Number of tests wasdecreased from 24 to 21 due to decrease in demand.• The Group is continuing to address licensee’s current financial assurance levels as needed.This was previously performed during the licensee’s technical renewal.• The radioactive material licensing group is fully staffed.Radiation Machine Source Group• The Radiation Machine Source Group (RMSG) staff continues to prepare for the implementationof the Laser Hair Removal (LHR) Registration Program. We are accepting applicationsfor laser hair removal training programs and certifying entities only. Registration for laserhair facilities and individuals is pending.• Ms. Tracie Miller has accepted the Environmental Specialist III (ES III) position for the LaserHair Removal Program. The remaining three ES III positions are in the interview process.

These positions will include the responsibilities of reviewing registration applications for facilitiesand individuals, reviewing procedures for training programs, and certifying entitiesand issuing certificates.• A new Group Manager (Health Physicist II) position was approved and has been posted. Theperson selected for this position will supervise the Laser Program.Radiation Policy, Standards, and Quality Assurance Group (PSQA)• Barbara Taylor has been hired as the Radiation PSQA Group Manager effective October 1,2010.• PSQA staff members have completed the laser hair removal regulations mandated by HB449.The rules were adopted and published August 27, 2010. The rule went into effective on September1, 2010.• PSQA staff members continue to take comments of draft rules to implement new fluoroscopyand CT initiatives in current rule and to develop new rules for electronic brachytherapy. Numerouscomments have been received on this draft rulemaking. The department conducted astakeholder meeting on September 3, 2010, for further discussion and comments.• The department hosted the NRC Licensing Procedures course and the NRC MARSAMEcourse in September and the NRC Well Logging course in October. Hosting these coursestypically allows us to have more staff members participate in the course than if the coursewere held elsewhere. This helps us get more DSHS staff trained in a more timely manner.Chris Myers has been instrumental in handling the logistics for the courses.Radiation Inspection BranchRadioactive Materials (RAM) Inspections Group• There are currently 3 RAM Inspector vacancies due to recent resignations. Two vacancies arelocated in Houston and one is in Beaumont. One of the Houston vacancies has been exemptedfrom the hiring freeze and is currently being advertised. The other vacancies aremoving through the exemption request process.• Inspections are being performed on schedule, and every effort is being made to ensure thatNRC’s inspection priorities are met while vacancies are being filled and new inspectors aretrained. Texas’ inspection priority system is more conservative than NRC’s, and the Departmentmay not be able to remain current based on the State’s system during this period.Mammography and Report Inspections Group• The Mammography Group is at full staff. The second Remote Inspector position was filled inOctober, and he is currently in training.• All certified mammography systems in Texas were inspected during FY10. Sixty-eightmammography inspections have been completed for FY11. No mammography inspectionsare past due as of the date of this report.• In May, the FDA requested information for the annual review of Texas’ status as an FDAapprovedcertifying body for mammography. The results of their review are scheduled to beready for discussion in November. A second request came in July, when the FDA requested a

copy of all records related to ten specific inspections completed during the contract year. Thereviewer’s preliminary response regarding those ten inspections indicates no major issueswith the data or our compliance with the FDA’s inspection procedures.• A total of 1,509 remote inspections were issued for FY10. One thousand ninety-four of thosehave been completed and closed. The program is currently waiting on responses from theremaining 415 registrants.X-ray Inspections Group• The X-ray Group has two vacancies for X-ray Inspector positions; one in Houston and one inArlington. Interviewing and hiring are expected to take place during November. Presently,we have one inspector working out of the Austin office who is still in training.• During the 2010 Regulatory Conference held in Austin on September 2–3, 2010, a specialsession for service companies and assemblers of X-ray equipment was held. The session waswell attended with good feedback.Environmental Monitoring GroupIncident Investigation Program• On September 20, 2010, the Agency received a phone call from one of our licensees thattheir radiography crew in Orange had been approached by an individual who first identifiedhimself by name as an agency inspector with the State of Texas and a few minutes later saidhe was the Radiation Safety Officer for the City of Orange. The individual approached theradiation barrier marker but did not attempt to cross it (the crew had not started testing yet).He was hostile in his words and actions, and the crew was suspicious. He asked one of theradiographers for his state card. In response, the radiographer asked for the individual’s credentials.The individual told him he didn’t need to see them. While the other radiographerwas contacting the licensee’s office by phone, the individual left the site on a bicycle. Locallaw enforcement was not called at the time of the incident because the radiographers did notfeel the security of the source was being compromised. The licensee had an idea who the individualmight be and, during investigation, the radiographers identified the individual from aphoto the Agency provided. The individual had worked for the licensee approximately tenyears prior. The individual is a certified radiographer and has been for over 25 years. TheAgency has contacted the Criminal Investigations’ Unit of the of the Orange County Sheriff’sOffice. Agency legal counsel has been contacted to determine an appropriate course ofaction.South Texas Project (STP)• A Federal Emergency Management Agency- (FEMA-) evaluated exercise is scheduled forOctober 27, 2010. The exercise is designed to test STP, local, and State jurisdictions’ responseto a scenario involving a release of radioactive fission products from a nuclear reactor.FEMA will evaluate the offsite activities in response to the scenario-driven events.

• Siren upgrade: STP has submitted an updated request for FEMA approval of new sirens tobe installed around the ten-mile emergency planning zone (EPZ). Once approved, the old sirenswill be removed and donated or salvaged for use by other organizations.Comanche Peak Nuclear Power Plant• A walk-thru reception center drill was demonstrated on August 03, 2010, in Cleburne, andthe FEMA-evaluated exercise was August 18, 2010. The final FEMA After Action Report(AAR) indicated no deficiencies or areas requiring corrective action (ARCA), but it containedseven planning issues to be addressed by local jurisdictions. DSHS, in cooperationwith Comanche Peak and the City of Cleburne, is currently addressing these planningissues.• A medical drill (MS-1) was conducted on September 14, 2010, at the Lake Granbury MedicalCenter in Granbury, and the draft report received showed no deficiencies, ARCAs or planningissues. In addition, contained in the FEMA report was recognition for “Best Practices”for the hanging of a contaminated waste bag in the ambulance from the overhead hand rail.This allowed the emergency medical service (EMS) crew to slide the waste bag from thefront to the back of the rear ambulance area without having to reach across a patient to dropgloves and other possibly contaminated waste into the waste bag.• A Combined Functional Drill was conducted on September 22, 2010, and included approximately15 participants located primarily in the emergency operations facility (EOF). Thisdrill was designed to prepare onsite emergency response organizations for possible radiologicalevents and to demonstrate proficiency during evaluated exercises. During the onsite debrief,DSHS identified a few coordination issues concerning PAR notification and concurrenceby DSHS.• Comanche Peak is presently upgrading their sirens with the required battery back-up powersystems. They have completed the installation for the five-mile EPZ, and they are in theprocess of working on finishing the upgrade for the entire ten-mile EPZ.Pantex Plant• DSHS hosted a tabletop meeting with local city and county emergency management personnelfrom Armstrong, Carson, Potter, and Randall counties in the panhandle region on October6, 2010. The tabletop identified personnel and equipment needs and training required for atwo-day Pantex exercise scheduled for June 22–23, 2011.• A majority of Pantex operations resumed after the July 2010 flood, which was classified a2000-year event. Pantex is receiving approximately $60 million in funding to repair the damagefrom the flood.Waste Isolation Pilot Plant (WIPP)• Staff supporting the WIPP program participated in public meetings in Kermit, Monahans,and Andrews on August 24–26, 2010. The meetings were initiated by the Department of Energy(DOE) to provide information on a proposed route change for transuranic waste shipmentsto the WIPP site near Carlsbad, New Mexico. The current route along IH-20 departsthe interstate at US-285 and continues through New Mexico to the WIPP site. Recently, sink

holes have been detected in New Mexico along the existing route. DOE is proposing to movethe route to depart IH-20 at Big Spring, Texas, and follow State Highway 176 to Andrews,south along State Highway 115, then west on State 128 into New Mexico and on to the WIPPSite.New Inspection Positions• We received approval in early October to hire five new inspectors (Environmental SpecialistIVs), one new manager (Health Physicist II), and one inspector/trainer (Health Physicist I).These positions are primarily to implement the new Laser Hair Removal Program and to helpus keep pace with the growth of registrants in Texas. We are developing our organizationalplans and posting documents for these positions at this time.Section II.Texas Commission on Environmental Quality (TECQ)Low-Level Radioactive Waste Disposal: On September 10, 2009, the Executive Director of theTCEQ granted, signed, and issued to Waste Control Specialists LLC (WCS) a radioactive materialslicense that authorizes the near-surface disposal of Class A, B, and C low-level radioactivewaste from the Texas Compact and federal mixed hazardous and low-level radioactive wastefrom the federal government. On January 12, 2010, an amendment application was filed requestingfacility design changes, modification of construction plans, and changes to environmentalmonitoring. There are several preconstruction conditions currently being reviewed by TCEQ relatedto the pending amendment application and a requirement for TCEQ written approval priorto the commencement of construction that is also currently under consideration.On June 1, 2010, WCS submitted an initial Compact Waste Disposal Rate Application to TCEQ.This submission is currently under review to determine an equitable allocation of the disposalcost that can be charged to the compact waste generators, and the establishment of a rate of returnand the fee schedule based on radioactive, physical, and chemical properties of each type oflow-level radioactive waste and in accordance with Texas Health & Safety Code, Chapter 401.TCEQ has extended a period for comments from the public from November 2, 2010, to November16, 2010, on the process for development of a rate schedule to be recommended by theTCEQ Executive Director. All comments should be sent to radmat@tceq.state.tx.us or mailed viaUSPS to TCEQ Radioactive Materials Division, P.O. Box 13087, MC-233, Austin, Texas 78711.By-Product Material Disposal: TCEQ continues to evaluate WCS’s submittals and responsesto the requirements of operational license conditions. TCEQ reviews of compliance reports andthe results of environmental monitoring programs are ongoing. Current environmental measurementsare focused on variable groundwater levels in wells around the by-product materialdisposal site footprint and the effectiveness of the monitoring program. Such data are importantfor understanding the impacts of infiltration on designed structures, like the disposal site cap.TCEQ and its contractors have conducted additional electromagnetic verification studies to provideinformation on Office of the Attorney General (OAG) groundwater. In cooperation with siteinspectors, TCEQ monitors photographs of WCS site conditions, especially when significant

weather events occur. In response to license conditions requiring management of surface water(limiting infiltration), WCS has committed to renovating site drainage ditches.Uranium Mining: Two name change amendments have recently been completed: COGEMAMining, Inc., R03024, was changed to Uranium One USA, Inc., R03024 on March 4, 2010; andEverest Exploration, Inc., R03626, was changed to South Texas Mining Venture, L.L.P.(STMV), R03626, on July 14, 2010. There was one recent license termination: Everest Resources,R06046, July 14, 2010. There are three pending new uranium license applications currentlyunder review: RGR Hobson Project; Uranium Energy Corp (UEC) Goliad Project; and theSignal Equities Brevard Project. A contested case hearing on injection well permits for in situmining for the UEC Goliad project took place during May 2010. In September 2010, a proposalfor decision was issued by the Administrative Law Judge for the case. A TCEQ decision is stillpending.The Signal Equities Brevard Project received an Underground Injection Control (UIC) permitfrom TCEQ for in situ uranium mining on August 5, 2010. Applications for TCEQ radioactivematerials license, authorization of Production Area 1, and for permitting Class I waste disposalwells for this site are pending. TCEQ is also reviewing the well completion report from the recentconstruction of a permitted Class I waste disposal well for the STMV Palangana Project toenable the start up of mining operations and associated wastewater management at that site.TCEQ staff members have performed confirmatory surveys as part of the process to release areasfor unrestricted use at STMV’s Tex-1 and Mt. Lucas sub sites. Uranium One has made goodprogress with reclamation activities, and TCEQ confirmatory surveys are on schedule. TheTCEQ-designated project manager for IEC reclamation is making progress in preparing for reclamationactivities through contract(s) on the abandoned site. Work is moving ahead on closurefor all three legacy Title II uranium impoundment sites: the ACL application from RGR is ongoing;ConocoPhillips is repairing subsidence in its cap; and ExxonMobil has acquired adjacentproperty so that it can complete characterization of groundwater and surface impacts. TCEQ hasaccepted UT-BEG’s recent contract document “Geological and Geographical Attributes of theSouth Texas Uranium Province,” which will be used as a reference document for future uraniumlicense application reviews. TCEQ has been working on making available a radiation safety officerscourse for in situ mining uranium facilities that will satisfy the four-week, specialized trainingrequirement in the regulations for early 2011.Waste Processing and Storage: Two licenses, WCS and NSSI, are currently under renewal.WCS response to the first Notice of Deficiency (NOD) for the renewal of license R04971 wasreceived on August 27, 2010, and is being reviewed. NSSI's response to the first NOD for therenewal of the license R01811 was received on September 10, 2010, and is being reviewed.There are pending WCS amendment requests to allow receipt and storage of depleted uraniumwaste from the Savannah River Site and to further extend the term of storage of mixed wastefrom the EPA Safety Light Federal Superfund Site. The storage beyond licensing terms ofStudsvik waste was subject of a July 2010 TCEQ notice of violation and is being addressed by acompliance agreement with the TCEQ Office of Compliance and Enforcement.

Buried Waste: TCEQ continues to work to close the historical buried radioactive waste sitesthat exist under TCEQ jurisdiction in Texas.The reclamation of the Federated Metals State Superfund Site in Houston is nearing completion.TCEQ Radioactive Materials Division staff completed review of remediation activities performedby EnergySolutions for the release of the 14.7-acre southern impacted area at the FederatedMetals Site. TCEQ completed a Decommissioning Confirmation Report for the FederatedMetals State Superfund Site that verifies completion of the regulatory requirements for thesouthern portion of the site listed under Title 30, Texas Administrative Code (30 TAC) Chapter336, Decommissioning Standards. The Radiological Closure Work Plan for the Production Areaof the Federated Metals State Superfund Site, prepared by EnergySolutions, LLC, February2010, lists twelve areas requiring additional remediation for the northern portion of the site.The Iso-tex disposal area is currently being decommissioned. Groundwater contains tritium contamination.Hydrogeological characterization (i.e., nearby wells, well logs, geology, and hydrology)of the site was completed by consultant Bruce Darling in May 2010 and includes informationon groundwater at the site based on an investigation of the well logs from nearby private waterwells. TCEQ staff is awaiting submission of the decommissioning plan that incorporates thisinformation.The work plan for the Pearland-Manvel site investigation has been submitted and reviewed. Thesite investigation and assessment has been completed. As part of the site investigation, sixgroundwater monitoring wells were installed along the perimeter. Sample results from the wellsindicated americium-241 (Am-241) at 19 pCi/L in one monitoring well and chlorobenzene aboveresidential levels in another well. In addition, the consultant performed a complete site surveyand identified six areas with radiological contamination. The TCEQ requested that four additionalwells be installed outside the property line in the right-of-way to determine if any offsitemigration had occurred. TCEQ staff is currently reviewing the consultant response to commentson QA/QC issues related to sample results of the samples taken from the four additional monitoringwells.On November 4, 1958, a fire onboard a B-47 taking off from Dyess AFB caused a crash southwestof the Dyess AFB flight line. The plane carried a full load of fuel and one nuclear weapon,which caused an explosion on impact of the fuel and conventional high explosives (HE) in thenuclear weapon. The site was remediated at the time of the accident. Recently, the private crashsite has been the focus of further remediation. The U.S. Army Corps of Engineers (USACE) preparedtwo study documents, which provided results from a recent site investigation. TCEQ hasreviewed the reports and provided comments to which the USACE has responded. The TCEQ isnow in the process of reviewing the USACE’s response.Memorandums of Understanding (MOUs): TCEQ’s work with the Railroad Commission ofTexas (RRC) to amend the MOU between the two agencies is complete. The amended MOU wasadopted by the RRC Commissioners’ vote on August 10, 1010, and adopted by reference inTCEQ rules by the TCEQ Commissioners on September 29, 2010.

Section III.Program Report for the Railroad Commission of Texas (RRC)• At conference on August 10, 2010, the Railroad Commission adopted amendments to 16Tex. Admin. Code §3.30, relating to the MOU between the RRC and the TCEQ. The rulesbecame effective on August 30, 2010, and can be found athttp://www.rrc.state.tx.us/rules/rule.php.• Staff continues to work on the draft MOU between the RRC and the DSHS. This MOU willimplement and coordinate the requirements of the agencies for licensing and permitting programsand clarify each agency’s jurisdiction over radioactive materials and naturally occurringradioactive materials (NORM) wastes associated with oil and gas activities. The latestdraft was circulated in October and discussed on November 5, 2010.• On October 12, 2010, the RRC adopted the proposal to repeal the existing regulations at 16Tex. Admin Code §§11.131 - 11.139 relating to uranium exploration and adopted correspondingnew rules to implement House Bill 3837 (80th Regular Session). The effective dateof the new rules is November 1, 2010. The rules can be found athttp://www.rrc.state.tx.us/rules/proposed.php.