Final SS for State Agreement Programs Amended Version 2010

FINAL OMB SUPPORTING STATEMENT FOR

THE OFFICE OF FEDERAL AND STATE MATERIALS AND

ENVIRONMENTAL MANAGEMENT PROGRAMS REQUESTS TO

AGREEMENT STATES FOR INFORMATION

(3150-0029)

REVISION TO CLEARANCE EXTENSION

Description of the Information Collection

Section 274(g) of the Atomic Energy Act authorizes and directs the U.S. Nuclear Regulatory Commission (NRC) to cooperate with the States in the formulation of standards for protection against hazards of radiation to assure that State and NRC programs will be coordinated and compatible. As part of the NRC cooperative post-agreement program with the States, information on licensing and inspection practices, and/or incidents, other technical, statistical and training information is exchanged. The Agreement State comments are also solicited in the areas of proposed implementing procedures relative to NRC Agreement State program policies. The information requests take the form of one-time surveys, e.g., telephonic and electronic surveys/polls and facsimiles (questionnaires). The information collection requests have been expanded to take into account the impact of the NRC and Agreement State working groups and the re-defining of the Agreement State Program through the “Statement of Principles and Policy for the Agreement State Program,” the “Policy Statement on the Adequacy and Compatibility of Agreement State Programs,” and the associated implementing procedures, including the “Integrated Materials Performance Evaluation Program.”

NRC has requested information from the Agreement States that require them to verify request regarding completion of the Increased Control inspections, information on low-level radioactive waste disposal and notice of public meetings published in the Federal Register, the opportunity to comment and provide guidance on the draft IAEA safety guide, and provide occupational radiation dose data.   NRC also request that Agreement states update the number of specific materials licenses that are currently active under their jurisdiction and update the status of decommissioning activities at materials and uranium recovery sites.  NRC gives the states the opportunity to comment on the proposed and final rules.

A. JUSTIFICATION

1. Need for and Practical Utility of the Collection Information

Prior to 1954, the atomic energy activities were largely confined to the Federal government. Only the Federal government issued licenses to users of radioactive materials. In that year, the enactment of the Atomic Energy Act made it possible for private commercial firms to enter the field. Because of the hazards, Congress determined these activities should be regulated under a system of licensing to protect the health and safety of radiation workers and the public. The NRC, as a successor to the Atomic Energy Commission, is charged by Congress with this responsibility.

The protection of public health and safety has traditionally been a State responsibility, but the 1954 Act did not carve out any specific role for the States. In 1959, Section 274 of the Atomic Energy Act was enacted to spell out a State’s role and to provide a statutory basis under which the Federal government could relinquish to the States portions of its regulatory authority. The 1959 amendments made it possible for the States to license and regulate byproduct, source materials, and small quantities of special nuclear material. The mechanism for the transfer of the NRC's authority to a State is an agreement between the Governor of the State and the NRC. Thirty-seven States have entered into such Agreement with the NRC. These States now regulate approximately 87 percent of byproduct, source and special nuclear material licenses in the United States, as permitted by Section 274 of the Atomic Energy Act.

The responsibility for regulating the approximate 22,500 specifically licensed users of radioactive materials is shared between the NRC and the 37 Agreement States. As part of the NRC cooperative post-agreement program with the States, information on licensing and inspection practices, and/or incidents, and other technical and statistical information are voluntarily exchanged.

In 2007, the Commission approved a change in policy to enhance the national consistency in the implementation of the materials licensing and inspection programs. The policy change allowed the NRC to fund the training for the Agreement State materials licensing and inspection staff and associated travel to attend the current courses offered through the NRC training program. The development of this funding and the three new Agreements signed with Pennsylvania, Virginia and New Jersey will increase the amount of information exchange between the NRC and Agreement States.

NRC has requested information from the Agreement States that require them to verify request regarding completion of the Increased Control inspections, information on low-level radioactive waste disposal and notice of public meetings published in the Federal Register, the opportunity to comment and provide guidance on the draft IAEA safety guide, and provide occupational radiation dose data.   NRC also request that Agreement states update the number of specific materials licenses that are currently active under their jurisdiction and update the status of decommissioning activities at materials and uranium recovery sites.  NRC gives the states the opportunity to comment on the proposed and final rules.

2. Agency Use of Information

The periodic one-time collection of data from the individual Agreement States enables the NRC and States to identify issues and plan and evaluate options for future actions. The data is also utilized in preparing responses to Congressional inquiries and requests for information from other sources. There is no source for obtaining such necessary information other than from the Agreement States.

3. Reduction of Burden Through Information Technology

There are no legal obstacles to reducing the burden associated with this information collection. The NRC encourages respondents to use information technology when it would be beneficial to them. The NRC issued a regulation on October 10, 2003 (68 FR 58791), consistent with the Government Paperwork Elimination Act, which allows its licensees, vendors, applicants, and members of the public the option to make submissions electronically via CD-ROM, e-mail, special Web-based interface, or other means. It is estimated that approximately 95 percent of the potential responses are filed electronically.

4. Efforts to Identify Duplication and Similar Use Information

No sources of similar information are available. There is no duplication of requirements. The NRC has in place an ongoing program to examine all information collections with the goal of eliminating all duplication and/or unnecessary information collections.

5. Effort to Reduce Small Business Burden

There is no impact or burden on small business because the recipients of the requests are State agencies.

6. Consequences to Federal Program or Policy Activities if the Collection is

Not Conducted or is Conducted Less Frequently

The information collections are a one-time or as-needed action, which address specific issues generic to the Agreement States. The consequences of not collecting information, such as licensing and inspection practices, incidents, other technical, statistical and training information, could potentially impact the public health and safety and also hamper the identification and evaluation of issues and options for the development of program responses to national problems. Further, the opportunity for valuable Agreement State review and comment on proposed policy and program updates and revisions would not be timely or could not be sought if the collection is conducted less frequently or not conducted.

7. Circumstances Which Justify Variation from OMB Guidelines

Because information would be collected in the most expedient manner possible in order to respond to an exigent or unique circumstance which could affect public health and safety, it is possible that such a request would require a response in less than 30 days.

8. Consultation Outside the NRC

Opportunity for public comment on the information collection was published in the Federal Register on March 31, 2010 (75 FR 16200). No comments were received.

9. Payment or Gift to Respondents

Not applicable.

10. Confidentiality of the Information

Confidential and proprietary information is protected in accordance with NRC regulations at 10 CFR 9.17(a) and 10 CFR 2.390(b). However, no information normally considered confidential or proprietary is requested.

11. Justification for Sensitive Questions

The NRC does not require the Agreement States to submit any sensitive information on a systematic basis.

12. Estimated Burden and Burden Hour Cost

Based upon recent Agreement State requests and historical data, the 37 Agreement States are expected to expend approximately 1,480 staff hours annually providing about 197 voluntary responses to approximately 22 NRC information requests. Every year the NRC receives an average of 5.32 responses per respondent (197 divided by 37 = 5.32 responses per respondent); although not all Agreement States respond to each request. The increased number of responses is due to an increase in the number of Agreement States from 34 to 37 and the NRC policy change to fund training for Agreement State staff. Based on historical data, the Agreement States expend an average of 7.5 hours per response (1480 hours divided by 197 voluntary responses). Thus, the Agreement States spend 1,480 hours annually on these requests (an average of 197 voluntary responses annually multiplied by 7.5 hours per response equals an approximate 1,480 hours).

The annualized professional cost is about $380,360 ($257 per professional staff hour multiplied by 1,480 staff hours). Included in this cost estimate is management review and clerical staff support. Because the States are not required to maintain records of their responses, State pay rates are assumed to be equal to the Federal pay rates shown in item 14.

13. Estimate of Other Additional Costs

None.

14. Estimated Annualized Cost to the Federal Government

Based upon staff estimates, the NRC will spend about 286 professional hours annually on the exchange of information with the 37 Agreement States. Using the staff hourly rate of $257, the annual cost to the NRC is approximately $73,502. Included in this cost estimate is management review and clerical staff support.

15. Reasons for Change in Burden

The overall burden increased by 414 hours, from 1,066 to 1,480 hours because of an increase in the number of Agreement States from 34 to 37 and an increase of 55 in the number of responses from 142 to 197. The average number of NRC requests and consequently the number of Agreement State responses increased due to exchange of information for training purposes, such as, student travel submissions. The overall burden estimate per Agreement State response is expected to remain at 7.5 hours per response and the professional staff hourly rate increased from $214 to $257.

16. Publication for Statistical Use

This information will not be published for statistical use.

17. Reason for Not Displaying the Expiration Date

In the case of an exigent or unique circumstance which would trigger a telephonic NRC survey of Agreement States, the expiration date for OMB approval will be verbally transmitted.

18. Exceptions to the Certification Statement

There are no exceptions.

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS

Statistical methods are not used in this collection of information.

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