Radiological Health Advisory Board Meeting

1. Radiological Health Advisory Board Meeting November 1, 2006

2. Agenda • Welcome and staff introduction – Carl Armstrong • Program updates & plans • Radiological Health – Les Foldesi • NRC Agreement State – Mike Welling • Featured Speaker – Dean Broga, MCV Safety Officer • Opportunity for Public Comment • Lunch • Tour of corporate emergency operations facility for Board members and VDH staff only

3. Updates & PlansRadiological Health

4. Updates • New equipment purchases • Mobile lab: CDC grant of $550,000 received to replace mobile radiation lab with incident command vehicle. Expected lab delivery August 2007 • TLD reader software • X-ray inspection equipment (3 ion chambers) • Staff training

6. Internal control weakness, with respect to review of outside inspector credentials, discovered and addressed • Approval/receipt of new grant funds from EPA for the Radon program ($56,000), a reduction from $75,000 with a 60/40 match requirement (versus 50/50). • VDEM has requested additional funds ($28,000) from Dominion for our activities.  We are currently getting $61,000 ($39,000 reimbursable and $22,000 in revenue) and will be negotiating the new $89,000 MOU.

7. Environmental reports on VDH website (electronic distribution versus paper) • Completed revision of Division of Radiological Health (DRH) emergency procedures • FDA suspended the state partnership on September 30th. As of 10/27/06, FDA surplused all inspection equipment. • EPA is revising their Protection Action Guidance (PAG) by 12/31/06

8. Discussing feasibility of converting the PT, wage Radiation Safety Technician position (currently vacant) into a FT position and adding planning duties. Working to get increased funding from VDEM. • Meeting with the military Civilian Support Team (CST) on 11/8/06 • VDH is providing CDC access for a photographic session utilizing staff and resources on 11/2/06

9. VOPEX – 12/5/06 North Anna exercise • TOPOFF IV- nuclear detonation (2007 exercise to be held in the Washington D.C. metropolitan area) • Potassium Iodine Thyroid Blocker-liquid form and 65 mg pills to supplement 130 mg pills distributed to the affected counties. NRC has agreed to replace KI.

10. Plans • Karen Gray has retired from state service effective 10/24/06. Recruitment underway to fill the position. • VDEM has inquired about a joint partnership with Dominion in sponsoringthe national Radiological Emergency Preparedness Conference • Budgetary issues (no new program funds are expected). If Board members become aware of any new funding opportunities, please let us know • VDH’s emergency preparedness drill in 2007 is for a dirty bomb

11. Updates & PlansNRC Agreement State Program

12. Currently, there are 34 states participating in the NRC Agreement State (AS) Program, regulating over 80% of the Nation’s material licenses

13. NRC AS Status • Minnesota became 34th Agreement state 3/30/06 • Pennsylvania submitted draft application in June 2006 • New Jersey submitted Letter of Intent in June 2006 • WV has announced they will be submitting a Letter of Intent

14. Virginia AS Status • 12 VAC 5-481 went into effect on 9/21/06 for Virginia NARM licensees. • VA’s Statutes and Regulations were submitted and to reviewed by the NRC. Comments were received on 10/25/06. Our intent is to include NRC’s NARM regulations (February 2007) in our regulations. • The fee schedule Notice of Intended Regulatory Action (NOIRA) was approved by the Secretary of Health and Human Services 10/05/06 and has been submitted to the Governor for approval.

15. Recruitment/selection process completed to hire the NRC team Program Supervisor (Michael Welling) started 9/18/06 Program Support Specialist (Ron Tanner) started 9/26/06 Radiation Safety Specialists begin employment 11/06: Kim Gilliam, Florentino Laciste and Beth Schilke Fourth Specialist will be recruited in 12/06 Two Safety Specialists will be working out of their homes, covering the Western and Eastern regions of Virginia, managing 111 and 102 licensee locations respectively. The remaining two Specialists will work out of the Richmond office managing 358 licensee locations.

17. On the horizon • Complete proposed statute and regulation revisions by February 2007 • Complete the proposed fee schedule by February 2007 • Complete the NRC application by March 2007 • Commence NRC staff training in 2007

18. VA Statutes and Regulations • NRC’s review of VA’s statutes concluded with 10 comments. We are working with the Attorney General’s Office to respond and it may require amending the Radiation Control Act. • NRC’s review of VA’s regulations concluded with 96 comments. We are currently reviewing their comments and will amend the regulations. • We intend to include the NRC NARM regulations in the February 2007 revision. • We intend use the “fast track” approach as it affords a shorter turn around time.

19. Proposed VA Licensing Fees • Five categories: • Specific Licenses • Financial Assurance • Reciprocity • General Licenses • Enforcement • Virginia’s licensing fees will be based on the amount of work needed for license reviewing, license amendments and inspections. There will be no charge for inspections.

20. 376 licenses in Virginia in FY2006 • 357 licensees transferable to state • 19 licensees not transferable to state • In FY2006 NRC fees collected for VA licensees • $1,295,850 from 357 transferable licensees • $6,262,300 from 19 non-transferable licensees • $7,558,150 total

21. Application fees (for a new license) will be equal to the annual fee, based on the category of the license • Annual fees for new licensees will be billed in advance. In subsequent years, their annual fee will be due at the end of the month in which the license expires. • Reciprocity fees from out-of-state licensees are due prior to commencing work in Virginia • General License fees will be due at the end of the year

22. Specific Licenses: See handout • Financial Assurance (same as NRC): • $1,125,000 for 104– 105 quantities of unsealed • $225,000 for 103– 104 quantities of unsealed • $113,000 for 1010– 1012 quantities of sealed • Reciprocity: 50% of specific license fees

23. General Licenses: $100 per site and $50 per device exceeding the following millicurie (mCi) quantities: • 10 mCi of Cs-137 • .1 mCi Sr-90 • 1 mCi of Co-60 • 1 mCi of Am-241 or other transuranic • Enforcement:§ 32.1-27 allows for a civil penalty not to exceed $25,000 per day. Radiation Protection will use severity levels to assign civil penalties.