ML20058L011
| ML20058L011 | |
| Person / Time | |
|---|---|
| Issue date: | 11/26/1993 |
| From: | Rathbun D NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA) |
| To: | Simpson A SENATE, ENVIRONMENT & PUBLIC WORKS |
| Shared Package | |
| ML20058L018 | List: |
| References | |
| CCS, NUDOCS 9312160101 | |
| Download: ML20058L011 (60) | |
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E UNITED STATES NUCLEAR REGULATORY COMMISSION
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WASHINGTON, D.C. 20555-4001 I
November 26, 1993 i
i The Honorable Alan Simpson Committee on Environment and Public Works United States Senate I
Washington, DC 20510 1
Dear Senator Simpson:
2 Enclosed are answers to questions posed by your. staff regarding i
the U.S.
Nuclear Regulatory Commission's Agreement State Program.
We would be pleased to work with you to address any further questions the State of Wyoming may have about the Program.
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Sincerely, 1
j Dennis K. Rathb irector Office of Congressional Affairs
Enclosures:
i As Stated i
1 I
9312160101 931126 T'
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1.
Do you have any data on the costs of running an Agreement State program:
What do various State programs cost, how many licensees do they have, t
l what is the cost per licensee, etc.
Is this available in a simple table form?
The data we have (shown in Table 1, Enclosure 1) has been collected during our annual reviews and surveys of existing Agreement State programs.
In most cases, the figures shown in the total budget column are the cost of the entire radiation control program.
Due to the budgeting systems used, many States were not able to break down their budgets and provide figures for the agreement materials program element alone. As a result, those figures include the cost of the other radiation control program elements conducted by the State.
l The State radiation control programs typically include elements such as l
the regulation of medical and industrial X-ray machines, particle l
accelerators, non-ionizing radiation sources (lasers, etc.), licensing of radiologic technologists, and emergency response programs for fixed nuclear facilities as well as the regulation of radioactive materials l
(agreement materials and NARM).
Some States also regulate uranium milling and low-level radioactive waste disposal.
2.
What are the typical start-up costs for becoming an agreement state?
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While we do not have specific numerical data on this subject, some indication of both the start-up and continuing expenses may be gained from the enclosed information package (Enclosure 2).
The package was assembled some time ago, and is intended for use by States planning to enter into an Agreement. Also enclosed is a copy of NUREG-1479, which reports on a workshop held with personnel from Agreement States to define the costs and funding mechanisms for both entering into and continuing an Agreement.
3.
Why did Idaho choose to terminate its agreement state program? Could you give me the name of a contact?
In a letter dated March 25, 1991 (Enclosure 3), Idaho Governor Cecil Andrus indicated that he decided to return the program following a l
decision by the State Legislature not to fund the radiation control program at a level sufficient to meet the NRC guidelines for a program adequate to protect the public health and safety.
The State at the time was facing severe budget constraints and this resulted in problems with staffing and function. At one point there were no trained staff members in the program and at another, the staff was unable to perform licensee inspections. A backlog of inspections developed, and concerns were expressed about the ability of the program to respond to incidents or accidents involving radioactive materials.
The Governor further indicated in his letter that an analysis of the program costs indicated that the State would have to charge fees approximately twice those charged by NRC.
It should be noted, however, that when this analysis was performed the NRC fees were not intended to l
recover 100% of the budget.
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1 For further information you may wish to contact:
David Eisentrager, Manager Laboratory Improvement Section Division of Health Department of Health and Welfare 2220 Old Penitentiary Road Boise, ID 83712 (208) 334-2235 4.
Why did Maine, on the other hand, become an agreement state, what is different about Maine than Idaho? Contact name?
Governor McKernan of Maine did not express any reasons in his request for an Agreement, as is usually the case.
It is known that Maine had worked toward an Agreement for some time, that there was already a radiation control program with responsibility for all sources of radiation except the Atomic Energy Act (AEA) regulated materials and that there was support in the Legislature for the entry into an Agreement.
Based on our experience, the amount of support for the radiation control program in the higher levels of the State government, both Executive and Legislative branches, is a key factor in the program's success.
Further information might be obtained from:
W. Clough Toppan, P.E.,
tanager Radiation Control Program Division of Health Engineering Department of Human Services State House, Station 10 Augusta, ME 04333 (207) 287-5676 5.
If Wyoming became an agreement state, would the state regulate the urai %m industry within the state or would the NRC still have primary responsibility?
The regulation of uranium milling is an optional element in an Agreement between the NRC and a State. However, if a State chooses to assume regulation of uranium milling, it must establish a regulatory program which will have capabilities substantially beyond those required for materials regulation.
The expanded program must have the authorities and capabilities to met the requirements of Sections 274.0, and 275 of the Atomic Energy Act.
Please note that even in this case, pursuant to Sections 83, 84 and 274.c(4) of the Act, the Commission must retain the authority to determine whether or not the applicable standards and requirements have been met prior to termination of a uranium milling license. The Commission itself is required to make the determination upon termination of the license, the determination cannot-be delegated to the State.
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1 Only four current Agreement States (Colorado, Illinois, Texas and Washington) have chosen to regulate uranium milling. Three States have omitted this regulatory authority from their_ Agreement (i.e., Utah), or have returned it to the NRC (Arizona and New Mexico).
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1 6.
Would you provide a list of w h t a state must do to become an agreement i
state?
.... And, what it must do to keep its agreement state status?
i The requirements are best described by the Commission policy statements on Agreements and review of State programs, Enclosure 4.
Additional information is contained in the information package included in the response to Question 2.
(Note that these are now undergoing review and j
may change in the future.)
1 7.
Wyoming pays the NRC about $1 million a year in annual fees, $170,000 in inspection fees, and $100,000 a year in license fees, would the dollars-seem, on first blush, to support an agreement state status?
l It has been generally observed that, since the NRC initiated its program 1
i of recovering approximately 100% of budget from fees, some Agreement f
State radiation control programs charge fees that are considerably lower than the fees charged by the NRC for similar licenses.
This is.true even in those Agreement States that recover 100% of their program _ costs from fees. On this basis, it would appear that an Agreement State materials program, and a uranium milling regulatory program if desired, may be funded from fees similar to, or lower than, the fees currently charged licensees in the State by NRC.
l How often do medical, uranium, and other materials licensees have to be l
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I renewed?
Although not required by regulation, the usual practice has been to issue licenses of these classes for a period of five years. -At the end of that time, the licenses must be renewed in their entirety, that is, by the submission and evaluation of a new application.
l Several Agreement States also practice a more limited form of'" renewal,"
related to the payment of fees.
In these cases, each license is given an expiration date to coincide with the end of the' period covered by the fee paid.
" Renewal" is then simply an amendment of the expiration date to the end of the next fee period.
9.
Again, not as a formal response, but on first blush, what kind of people would Wyoming need on staff to have sufficient expertise to run an agreement state program?
There are currently about 86 NRC licensees in Wyoming, and it appears that about 75 to 85 of these would be transferred to the State depending on whether or not the State chose to regulate uranium milling. One licensee is a Federal agency and would remain with NRC.
If Wyoming chose not to regulate uranium milling, a staff of two technical persons, plus support, would be needed for the approximately l
75 agreement materials licensees. The two technical individuals should l
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I have at-least bachelors degrees in physics, engineering orLlife sciences. At least one of these individuals should have a backgroun'd in regulatory health phy' sics, or in a _ technical regulatory program with-
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several years additional experience working with-radioactive materials.-
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.The other individual 'should have at.least several years-experience i
working with radiation.
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-If Wyoming chose to regulate uranium milling. as well, several additional staff members with specific. training and experience in-subjects.such:as geology, hydrology, engineering and environmenta1Lsciences would be:
i' required.. However, individuals with.the required range of technical:
capabilities may already.be ion ' staff in~ other State offices,. and l
available to assist the radiation control program.
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Enclosures:
L As stated 1
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ENCLOSURE 1 Th 1 CURRENT STATUS - AGREEMENT STATES DATA July 16, 1993 STATE Fees Amount Collected Total Budget Number of Licensees Alabama Yes 200,000 266,000
'467 Arizona Yes 680,000 857,000 297 Arkansas Yes 155,000 1,200,000 254 California Yes 2,787,040 2,900,000 2231 Colorado Yes 900,134 1,154,000 403 Florida Yes 6,265,288 6,265,288 1100 Georgia Yes 250,000 250,000 658 Illinois Yes N/A N/A 957 lowa Yes N/A N/A 219 Kansas Yes N/A N/A 332 Kentucky Yes N/A N/A 388 Louisiana Yes 1,509,700 2,157,000 550 Maine Yes 220,00 1,466,000 116 Maryland Yes 361,805 1,206,000 516 Mississippi Yes 313,600 313,600 320 Nebraska Yes 617,892 1,236,000 177 Nevada Yes 144,109 554,000 152 New Hampshire Yes 41,956 323,000 108 New Mexico No 0
N/A 225 N/A N/A 1689 New York North Carolina Yes 635,925 2,120,000 504 North Dakota Yes 108,764 906,000 87 Yes 957,000 957,000
'299 Oregon v
Rhode Island Yes N/A N/A 68 South Carolina Yes 622,992 2,077,000 325 Tennessee Yes N/A N/A 554 Texas Yes N/A N/A 1731 Utah Yes 239,451 958,000 215 Washington Yes 2,326,000 2,326,000 379 N/A = information not available, see Question 1 New York State Health does not collect fees; Labor, Environment and NY City Health Departments do collect fees.
l ENCLOSURE'2 l
June 1992 i
SUMMARY
OF THE U.S. NUCLEAR REGULATORY COMMISSION'S AGREEMENT STATE PROGRAM j
Prior to enactment of the Atomic Energy Act of 1954, nuclear energy activities in the United States were largely confined to the Federal government. The Act made it possible for private commercial firms to enter the field for the first time. Because of the hazards associated with nuclear materials, Congress i
determined that thcse activities should be regulated under a Federal licensing system to protect the health and safety of workers in the nuclear industry and the public. The NRC is the Federal agency charged with this responsibility.
Although protection of the public health and safety has traditionally been a State responsibility, the Atomic Energy Act of 1954 did not specify such a role for the States in nuclear matters. This policy was changed in 1959 when Congress enacted Section 274 of the Atomic Energy Act.
Section 274. spells out a State role and provided a statutory basis under which the Federal government-can relinquish to the States portions of its regulatory authority. The 1959-
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material (radioisotopes)}e for the States to license and regulate byproduct amendment made it possib i
energy), and small quantities of special nuclear material.}s of atomic source material (the raw materia The Commission is required, however, to retain regulatory authority over the. regulation of nuclear facilities vital to the national common defense and security and certain types of radioactive wastes. The Atomic Energy Act was' amended in 1978 which requires NRC Agreement States regulating uranium and thorium tailing resulting from recovery operations to adopt certain technical and procedural requirements. The 1978 amendment also requires NRC to periodically j
review Agreement State programs for adequacy and compatibility.
Section 274j of the Atomic Energy Act provides that the NRC may terminate its i
Agreement with a State if the Commission finds that such termination is j
necessary to protect the public health and safety.
In 1980, Section 274j was amended to authorize the Commission to temporarily suspend all or part of an Agreement with a State in the case of an emergency situation where the State failed to take necessary action. Such suspensions may remain'in effect only for the duration of the emergency. A copy of Section 274 of the Act, as amended, is attached (Attachment 1).
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'In 1978. Congress enacted the Uranium Mill Tailings Radiation Control Act of 1978 (UMTRCA) which, among other things, addedito the category of byproduct material " tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content."
2In 1981 the Commission amended its Policy Statement, " Criteria for Guidance of States and NRC in Discontinuance of NRC Authority and Asramption Thereof by States Through Agreement" to allow a State to seek an Amendment for the regulation of low-level radioactive waste as a separate category.
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2 The mechanism for the transfer of NRC authority to a State to regulate the i
radiological health and safety aspects of nuclear materials is an Agreement between the Governor of the State and the Comission. Criteria for such i
Agreements have been published by NRC as a Policy Statement in the Federal Reaister (Attachment 2). A copy of the most recent Agreement with Maine is attached for illustration (Attachment 3).
Before actually signing the document, the Comission, by statute, must determine that the State's radiation control program is compatible with the Comission's, meets the l
applicable parts of Section 274 and that it is adequate to protect the public health and safety.
For its part, the State establishes its authority to enter such an Agreement by passing enabling legislation.
l At present, 29 States have entered into such Agreements with NRC.3 These States now regulate over 65% of the 24,000 licensees for byproduct, source i
l material, and special nuclear material in the United States.
In 1981 the Comission determined that qualified States may also enter into limited agreements for regulation of low-level waste in permanent disposal facilities.
Each Agreement provides that the State will use its best efforts to maintain continuing compatibility with the NRC's program.
The NRC maintains a continuing relationship with each Agreement State to assure continued compatibility of the State's regulatory program and its adequacy to protect health and safety. This relationship includes:
exchange of information on a i
l current basis covering regulations, licensing, inspection and enforcement data; consultation on special licensing, inspection, enforcement and other J
regulatory problems; and an annual meeting of all Agreement States to consider regulatory matters of comon interest. Special technical assistance is routinely provided to the States upon request.
I As mandated by the Atomic Energy Act, NRC conducts onsite, in depth program i
reviews periodically of each Agreement State in which organizational, administrative, personnel, regulatory, licensing, compliance and enforcement program areas are reviewed.
Selected Agreement State licensing and compliance casework is reviewed in detail. State inspectors are accompanied by NRC staff on selected inspections of State licensees. A copy of the guidelines used which NRC uses in conducting such reviews have been published in the Federal l
Reaister as a Comission Policy Statement (Attachment 4).
NRC provides a wide spectrum of training for Agreement State personnel.
Examples are short-term courses in health physics, radiography radiation safety, nuclear medicine, licensing, inspection procedures, radiological engineering, well logging, transportation of, clear materials, and project management for the licensing of low-level waste disposal facilities. Travel costs and per diem for these training sessions are paid by NRC.
3Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Mississippi, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Carolina, Tennessee, Texas, Utah, and Washington.
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i Although other Federal agencies, such as the Environmental Protection Agency, the Food and Drug Administration, and the Department of. Transportation are also involved in the control of radiation hazards, NRC's Agreement State Program serves as a focal point for Federal-State cooperation in radiation control.
The NRC State Agreements Program is administered by the Office of State Programs. The NRC Regional Offices participate in implementation of the State Agreements Program.
The staffs of the Office of State Programs and the Regional Offices are ready to meet with Governors, State agencies, State legislative committees, State advisory groups, and others to provide fully the NRC Agreement States program.
They can provide descriptive materials about these programs and model State acts for regulatory legislation and will also arrange meetings with other NRC staff members on specialized subjects, as appropriate.
What are the advantages for a State that takes over the Commission's regulatory authority as described? The principal advantages of Agreement State status are:
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(a)
NRC's authority does not include regulation of x-ray machines and other radiation producing equipment, accelerator-produced radioactive materials, or radium. Regulation of these sources for radiation is, and always has been, primarily the responsibility of the States. Many Staics now exercise surveillance cier these sources of radiation which in the aggregate, are responsible for over 75% of the public's exposure to radiation, other than from rackground. Thus, by assuming the authority which the NRC is autnorized to relinquish, a State is able to have, as part of its public hoalth system, a complete and comprehensive program for radiation safety (b)
Many facilities, including radical institutions and physicians, use radioisotopes as well as x-ray machines and radium. A State regulatory system which covers all such radiation sources enables most users to deal with a single agency rather than with a Federal agency for a part and the State for the remainder.
(c)
An Agreement with NRC enables a State to make its own licensing decisions and, in doing so, to take into account local conditions.
(d)
The pranimity of licensed users of radioactive materials to the regulating agency has been cited as having significant advantages for both the users and the agency.
(e)
Entering into such an Agreement with NRC would be consistent with a serious interest of a State in being knowledgeable about all sources of radiation located within its boundaries.
(f) 4n Agreement with NRC develops and enhances the core of radiation professionals at the State level who can respond to inquiries and incidents.
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(g)
An Agreement with NRC enhances the core of knowledgeable people' at:the l
j State level who can respond to inquiries and incidents-i 1
Administrative costs that are incurred by a State becoming an Agreement. State '
j varies from State to State, depending, among other factors, upon whether or not the State already has a radiation control program covering sources of-j l
radiation not regulated by the NRC, i.e., x-ray machines, accelerator-produced' i
radioactive materials and radium. Where this is the' case, the incremental' costs would be less than if the State previously had only a limited or -
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voluntary radiation control program. As a rule of thumb,-1.0-1.5 staff-years j
per 100 licenses is needed to effectively administer the program assumed from l
the NRC. This is a rather general index and actual staffing needs will vary according to the particular circumstances in any given State.
Further, those j
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States having major licensed facilities in their State, such as low-level-l radioactive waste disposal facilities and uranium mills, will need additional j
resources.
NRC staff can provide further guidance on staffing requirements-j for regulating in these areas.
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1 NRC charges licensees licensing and inspection' fees. Whether or not an..
l Agreement State charges fees is a matter of-choice for the State. NRC does l
not provide funding to States for routine program costs.
Some Agreement-States fund their programs out of general revenues and~ plan to continue doing 1
so. The majority of the Agreenent--States, however, have' authorized collection of user fees as a means of assuring ~ an adequate funding baser. As a result of 4
these St e s' fees and those of NRC, over two-thirds of the. licensees--in the i
United States are licensed by agencies' authorized to-charge user fees.
NRC i
i has prepared model State legislation which includes authorization for a fee-l system. NRC staff can assist States in developing fee systems'.
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i The Agreement States experience since 1962, the year of the first-State Agreement, has been that the States generally conduct effective radiation-i control programs. When major program deficiencies ~are noted by NRC, technical 1
L advice, assistance and training are offered by NRC1(with its resources); The
.i main area of concern is maintaining adequate staffing levels,.a reflection of i
State salary structures and funding. On the~other hand, Agreement States j
typically excel in having highly trained staf#and by conducting more frequent
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inspections than NRC.
Attachments:
1.
Section 274 of the Act, as Amended 2.
NRC Policy State for Criteria for Applicant Agreement States 3.
Agreement with the State of Naine 4.
NRC Policy Statement for Review of Agreement State Programs
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i Section 274 of the Atomic Energy Act. as amended l
Cooperation With States i
l "Sec. 274. Coopsaanow Wrra Sursans_
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% It is the purpose of this secdon-
- 71) to recognise the interests of the States in the i
4 peaceful uses of atomic energy,his Act of the States and to clarify the mspee.dw responsibilities under t i
ano the Commission with to the regulation of i
reduct, soures, and suelear matenals; j
2 to recogmar the
,and esublish programs for co) operation between the States and the Commis. '
i sion enh respect to control of radiation hasards j
associated with use of such materials; i
- 73) to promote an orderly regulatory pattern l
between the Commission and State sowrnments with respect to suelear dewtopment ansfuse and res-i ulation of byproduct, sowse, and special nuclear 4
materials;
- 71) to establish procedures and criteria for dis-conunuance of certain of the Commissioni regula.
1 tory responsibilities with respect to byproduct,soures, and special nuclear matenals, and the assianption thereof by the States;
- 75) to provide for soordination of the dowlop-i ment of radiation mandards for the guidsnoe of Fed.
eral a neies and cooperation with the States and
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7 to recognise that, as the States impro;w their onpa ilities to regulate effectiwly such materials, additionallegislauen may be desu* able.
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- b. Eteept as erovided in subesesion s., the Commis-aien is authon'ascito enter into agreements with the Gov.
ornor of any State providing"for discontinuance of the i
regulatoryauthority of the e:
Me under chapters 6, 7 and 3,and section 161 ofthis Act with respect to any.
i one or more of the following materials within the Siste-by produn materiak as daraned in semien lie.
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) byprodust maasrials as daraned la section lie.
Q sourer matadals; i
special socisar materials in quantities not to form a eritisalmass.
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J ATTACHMENT 1
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During the duration of such an agreement it is recognised that 115e State shall have authonty to regulate the mate-a rials covered by the agreement for the protecdon of the public h6akh and ufety from radiation hazards.
- c. No agreement entered into pursuant to subeestion.
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- b. shall provide for discontinuanes of any authority and the Commasion shall retain authority and responsability with regulation of-5
) the construction and operation of any pro-
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d or utilization facility'
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- (2) the export from or import into the United States of byproduct, souros, se special nuclear mate-i rial, or of any production or willination facility; i
- (3) the disposalinto the ossan or sea of byprod.
defm'sourse, or special nuclear waste matenals as net ed in regulatwas or orders of the Commission; 4
- (4) the disposal of such other byproduct soures, j
or special nuclear material as the Commissio,n deter.
i mines by agulation or order should hazards or potential hazards thereol, bemuse of the not be so dis-e i
posed of without a tiense from the Commission. The l
Commission shall also retain authority under any such agreement to make a determination that atl a
j applicable standards and requirments haw been met j
pnor to termination of a license for byproduct mate-nal, as defined in section Ile. (2).88 e us e.s a.
4 Notwithstanding any agreement between the Commis. -
4 sion and any State pursuant to subsection b., the Com.
mission is authorized by rule, regulation, or order to require that the snanufacturer, pronssor, or producer of came any equipment, device, commodity,,or other product contalmng soures, byproduct, or special nuclear material j
shall not transfer possession or control of such product i
except pursuant to a lisense issued by the Commission.
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- d. The Commission shall enter into an agreement i
under subsection b. of this section with any State if-i
- (l) The Gowrnor of that State errtifies that the 4
State has a program for the control of radiation i
hazards adequate to protect the public heahh and asfety with respect to the materials within the State covered by the proposed arreement, and that the State desires to assume regulatory responsibihty for such materials;and
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is in(2) the Commission finds that the State program assordance with the
'reewnts of subsection -
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- e. and in all other compatible with the Commission 1s oroaram regulation of such mate-rials, and that the State program is adequate to pro.
test the public haahh and safety with respect to the materials eowred by the proposed agreement.
t signed (1) Defore any agreement under subsection b. is y
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I by the Commission, the terms of the proposed
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a.punnep thans e amt ages)isnes us. SedL eseuf a a e sames ahn l
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's agreement and of proposed esempdonsparteant to sub.
section f. shall be published once each weelt for four sensecutive weeks in the Federal Register; and such ~
i opportunitt for comment by intemted persons on the sto speement and exemptions shad be allowed as i
the
,sussion determines by agulados or order to be -
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i saempu'ons. The agreement and esemptions be pub.
ag" nature by the Commission and the Governor. s after lished in the Federal Register within thirty da
- f. The Commission is authoriand and directed by j
w4-agulation or order, to grant such esemptions from,the licensing requirements sonuined in shapters 6,7,and g, i
and from its meulations applienbis to lisensees as the i
Commission Ends assessary or a sukseesion)out. of te to earry
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any agreement entered into pursuant i
this section.
i "g. The Commission is authoriand and direand to i
oooperste with the Sutes in the formulation of standards 4
1 for protection aga, inst hasards of radiation to assure that State and Commission programs for protection against i
taurds of radiation will be coordinated and compauble.
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- h. There is hereby esublished a Federal Radiation Council, consisting oT the Secretary of Heahh, Edues-tion, and Welfare the Chairman of the Atomic Energy Commission, the heeret.ry of Defense, the Secreury of.
t Commerce, the Secteury of Labor, or their designees, and such other snembers as shall be appointed liy the Pmident. The Council shall consult analified scientists a
i and experts in radiation matters, including the President of the National Academy of Sciences,the Chairinan of j
the National Committee on Radiation Protection and Measurement, and qualified experts in the Geld of biol-ogy and medicine and in the field of haahh physics. The l
Special Assisunt to the Pasident for Sewnee and Tech.
nology, or his designee,is authoriand to attend moeungs, sarticipate in the deliberations of, and to advise the Council. The Onnirman of the Council shall be desig-asted by the President, from time to time from among the members of the Council. The Council aliall advise the Pmident with res to radiation matters, diesetly or eral agenm'es in the formulation or. guidance forall Fed-indirectlyaffecting Ith, including adiation standards l
and in the esublishment and esecution of programs of -
oooperation with states. The Council shall also perform such other functions as the President may assign to k by Esecutive order.
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"i.1he r===I==taa. In carrying out its Esensing and l
segulatory responsibilities under skiis Am b authonaed to onterinto a ments with any $ sate, or group of $ sates, or other functions on a coo to perform Commision deems appropriaa.pern-4 she basis as The ti:p h""A b
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1 Commission is also authorised to provide training, with or without charge, to employees of, and such other assistance to, any State or political subdivision thereof or group of States as the Commission deems appropriate.
Any such provision or assistance by the Comaussion shall take into asoount the additional expenses that may be incurred by a State as a consequence of the State) entering into an agreement with the Commission purse-ant to subsection D.
- j. (l?888 The Commission, upon ks own initiatin after y'8'""
reasona >le motice and opportunity for hearing to the 4
9 State with which an agreement under subsection b. has become effectiw, or upon request of the Gowrnor of i
such State, may terminate or suspend all or part of888 ks agreement with the State and reassert the licensina and regulatory authority vested in it under this Act, If the Commission finds that (1)t88 such termination or suspen.
sion is required to protect the public health and safety, he or (2) the State has not complied with one or more of t requirements of this section. The Commission shall peri-
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odically review such agreements and actions taken by the States under the agreements to insure complianse with the prodsions of this section.888
- (2) The Commission, upon its own motion or upon request of the Gowrnor of any State, snay,after notifying the Gowrnor temporarily suspend all or part et as agreement witli the State without notice or hearing if,in thejudgment of the Commission:
- (A) an emergency situation esists with respect,to any material cowred by such an agreement e eaung danger which requires immediate action te protect the health or safety of persons either within or out-side of the State,and
- (B) the State has failed te take steps necessary to
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contam or eliminate the cause of the danger withm a reasonable time after the situation arose.
A temporary suspension under this paragraph shall remam m effect only for such time as the emerpacy situation exists and shall authoriar the Commission to exercise its authority only to the eatent amassaary to son-tain or eliminate the danger.*884
- k. Nothing in this secuon shall be construed to afect the authority of any State or local agency to regulate activities for pur ation hazards. poses other than protacuen against radi-
- L With respect to each application for Commission license authortsing an activity as to which the Commis. N er sioni authority is sentinued pursuant to subasetion c.,
the 8'a==Imaton shall giw prompt acties to the State or.
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lE E "4 7m 8mi N ' E Na h erene.s t
".N, EYb..NMe r=D
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ase
- 8 ant WtlpeseL e6 36eds.s.=suh.a 3 ar.-
i I
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i States in which the activity will be conducted of the filing l
of the license application; and shall afford reasonable-o unity for State representatives to offer evidenas,
)
te witnesses, and advise the Commission as to.
}
the app tion without requiring such represematives to-i take a position for or agalast the graating af the No agreement entered into onder subsecdon b.
and no esemption granted pursunt to subsection f., shall affect the authority of the Commission under subsection 161 b. or L to issue rules reguladons, or orders to prosset the common defense an,d security, to protest restrissed i
data or to guard against the loss or diversion of speaal i
nuclear matenal. For purposes of subsecdon 161 L, activ-ities covered by esemptions granted pursuant to subsec-tion f. shall be deemed to constitute activities authorised J
ursuant to this Act; and special nuclear material acquired.
i any person pursuant to such an esemption shall be med to have been acquired pursuant to section 53.
"n. As used in this section the term " State'means any State Territory, or possessio,n of the United States,bia.
the Canal Zone, Puerto Rico, and the District of Colum i
me==== =
Ac used in this section, the term ' agreement' includes any 1
amendment to any, agreement.ais "o. In the licensing and regulation of bproduct mate-rial, as defined in section 11 e. (2 of this Act, or of any activity which results in the pro) duction of byproduct snatenal as so defined under an agreement entered into i
Fursuant to subsection b., a State shall require-tion (l) compliance mth the requirements of subsec- -
1
- b. of section 33 (res product material and land)pecting ownership of by-and
" 2) compliance with standards which sha!! be ado (pted by the State for the protection of the public i
bralth, safety, and the environment from hazards am6ociated with such material which are equivalent, to the satent practicable or more ar'naent than.
standards adopted and enIorses Dy me E" t
. I for the same p including requirements and standards prom by the Comau'ssion and the NNn Administrator the Environmental Protection ney pursuant to emotions 33,34, and 275, and -
1
) rosedures which-
) State law which include rovide procedures -
in the anse oflierases p wri(ten osaunents and a pubhc haanng, with" i) an opportunity t
a transcript, yii) an ;;;n':y for areas enamination,
" iii a written deterininetion which is bas (ed )upon findings included in such deter-mination and upon the evidence presented i
(uring the public comsnent period and which as subject tojudissal revtew; 4
i j
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i l
"9) in the ease of rulemaking provide an e pportunitv for public participation,hrough writ.
t i
l ten corames Mr t pubbe hearing and prende for judicial avl e of the rule-S l
asfic(an)t unpact on the hums.n onnrona.ent a," C require for each hornse i
I written anasysis (which shall be available to the 4
public before the commencement of any such proceedinss) of the impact of such limma*,inchul-l ang any,acunties conducted pursuant thereto, on the ennronment, which analysis shall include-l
"(i) an assessment of the mdiological and i
monradiological impacu to the public haahh i
ef the actinties to be osaductos pursuant to i
suchlioro *;
"(ii) en maa.an=*nt of &ny impa ong
, gyg ground ie, -
wa
- iii) consideration of shernatives, includ.
j ing(alternative sites and enaineering methods, g
to the activities to be condustad pursuant to such license; and i
"(iv) consideration of the lon pacts,melodingdecommissioning,g4erm kn-decontam-j.
mation, and reclamation impacts, associated with activities to be conducted pursuant to
+
such license, includink as dannedSy section the mana ment of I
any byproduct materia 4
II c. (2 ; and
, (D) pro)hibit any major construction setivity.
with aspect to such materal prior to complyms l
with the provisions of subparagraph (C).
If any State under such agreement imposes upon any
.i heenses any requirement for the payment of funds to such State for the reclamation or long term maintenance i
and monitoring of such material, and if transfer to the i
United States of such materialis required in accordance with rection g3 b. of this Act, such a at shall be i
amended by the Commission to pro ' e that such State *"*""
shall transfer to the United States upon termination of i
the lisense issued to such licenses the total amount sol-i nected by such State from such licenses for such j
If such paymenu are required,they must be trient to ensure compliance with the standa.& established by the 1
Commission pursuant to section 161 s. of this Act. No *"'* 8"-
State shall be required under paragraph (31 to conduct
~
proceedings concerning any lisense or resdation which i
would duplicate proceedings conducted by the i
Commission.8u I
of this subsecuon with respect to sites at wtu,mgraph (2)
"la adopting requirements pursuant to pa 1
ch ores am i
i prosessed prunarily for their soeros material content or 4
tubick an used for the disposal of byproduct material as j
dsAmed la section 11 e. (2), the State may aber anac.ma anthes (including, irements adopted andbythe where appropriate, aher-4 j
antives)tothe aqu i
aman s mens a mm mm ewaum ssen esses e=====r. e-i 1
f
j t
I l
i i
canaisson see the aime purpon ir arur notise and opportunity for public the hon deter.
I I
sunes that such ahernatives achieve a levelof mabiliza-tion and comainment of the sites concerned, and a level of protection for public haakh, safety and the environment from radiologial and nonradiotop, cal hazards assoasted i
4 with such sites, which is equivalent to, to the exwnt praed-sable, or more sta'ngent than the level which would be achieved by standards and requirements adopted and enformed by the Comunission for the arne purpose and i
any real standards promulgated by the Adnurastrator of the Environmental Protocuon Agency in accordaner with i
a uAc.am section 273. Such ahernative State requirements may take into accoum local or regional condiuons, including psob
)
4 3
ogy, topography, hydrology and meteorology.*.882 j
- D L'I MsE D E MIE M T =" #*
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a 1
POUCY STATEMENTS
!O e,en,ase
.a, em.ad.d b,,u em I
% ugg.,,
approved November & tett Thus h wahret artierte an inisaded te ladies te lestore t
l which the comminies tomade se eensiderle new or amended ertierte forGuldense of States and eyeemenJ.
are not tstanded to fittCin Diesentingenes of N8tC helt meerstles h viewlag Regulatory ?C, and Aas gsspuest inevidualayeemente eramendments.
]
Thoroof trySeelesfleeveli Agreement le sessedemos with these statutory 1
asesertUSNealeerSegulatory pulsions,when en epoemsat beiween a
. cea e State and the NRCle eSected. abs Commissies wiu disassumee tw as,sese Summast of Feber.
esguietory entberity winia that Siete euessnaevtThe Nealeet Regulatory ever see er more er the feDewlag
)
Commleense ha avvised its statement of materiale. hypredest mournal se denned i
i R"iea anTNRd.erl.ieria for guidasse of sypas **
k Sosses stdeg of the Ast sesenaeanes ef I=nfinedis teetles Ste(2)of the y,redu.me iai.e NRCreguletery aetherity and s
assumpues of regeletery se6erer by or westeet eewee metatal 4
Sietoe through meat.Tble esses le and ter6 mat aposialmeelear i
J asseawy to ednertal to metertal(wenha saa.wanine as asd opdate to pahey statement, to j h quassues set aufhoest to Suise se esser late ayennesis Ier new.
e ertuent mase and permanent novel waste only, and to laserporate the depoest oflow4 eve! weste aestatning and requirassete of as one er mere of the matestale eteted 4
1 em hCD Talunge Saeetes Centrol above butmetlaeloding mal tenings.
Ast of trrt Adopues of this pelley wili
- 8. As epoement mer be eSested eDewlaterested Sieles to enter late between a Siets andNRC; aymaments with the NRC and segulate eeruteeses by the Governe(1)opear thatife l
new4evel wate attee saly. AddiennaDy. State has e propen for the sesent of thou Sietes est meet the stierte for abe reguledes of aranha male and end:sses hasarde adequate to prolset es pebils health and safety with sospect O
anulass may seerslee segulatory to the materials wiebla tbs State esvered eethertty over thus eewees se yevided bythe eyeoment and tlw by to Urnales niillTaulage Ra&enes State to assume regulator i
Consol Ast of SFtk as amended, peepenelbuiry for emah meteriale:yand[y) j The mvised oestemest of pokey after a Sading by to Commiales &st esSeen tbs foCowlag primeisal abanges:
6e Sus preyam is is senordener with 4
. tldedillcodes of Criteries ay to 6e seguiremente of subseetles e of eBew a Siete to nuk as estfor aesties 374 andla eD ether mopects j
the regulasse oflow waste as e compatible with the Comalnion's eepente awpory,dellesaletteria for peorem for es reguleses of such 2
3.lasiastes of a materiale, and le adequete to protect the States to esetene reguletag pubbs healt and safety with respect to
(
wenism and ma peeeners ans es meteriale severed by the propend I
mW tamap aher November L test.
i
- 3. Setorial and staritytes abasses to eyeoment.3tle alw mesenary not the make the eletament seN*nL State have enabling legteladen i
sothestales its Governer to enter late I
mates This pelley statensat le eBaseve such an eroement 1
lamanry atseet
- 3. The original starts were publiebed i
osa puertes escassanese searvaret enldarch at 2001(30 FR 3837)efier Isha F.
OSee of Stato prayama, disonestems with earlene Siew edhetale l
U A Neelear ery Commiselen.
and e6er State repeenstedves,to W
sostk telephees: sol. 3revide guidense and seeletonse se the 3
1 I
States and the ASC(now NRC)in i
susetmosetaereseensianess deve woulpda segelsesey a which 1.These etterie were developed to eenpatible with t of dw l
1e estermed by NRC.The ettede were airculated.
L an ars was easetedle the amens Sietea, A arat
- s. leber less of a new eseuse to the A46. ale andladesty,and wher wmekd i
Smersy Ast (Seetion IPs] and apposed F*'E8 88'"'
l by te Freeldest es September 38.388g 4.Tae etterte poquire est to Steie 4
i 1
seasider me totalsesumulated esseps seestsee espesire of hetideale,To doenitete such sa apreseb.k to 6e slew of the NRC that as everen mesties prueessa prog am i
as desirebis.The massman esepe of
.b 1
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aspeembw 1. test pg.sg l
ATTACHMENT 2 i
i
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j l
PSUCY STATEMENTS j
l i
esch State s racesom protecdes orpenre ofinedduals.haluding that owvera, and dispouleof matarlak (b) i progresa is not bewever, e assessary er $ rom eserses which are set regulated by keep records of the rossipt and transfer 1
e ppropMate sub}ect for sevotege.la me 11.
af the materials. (c) sport alpf. cant ersteria. Consequeritly, the arttens ato S.(Jroops. Adentierhy AppropMale heldesta levolvlag the metonals, as i
ofteat en h qwstion of whether a State serveys and personnel moniteMng ender rencMbed by the regulatory evtbenty.
should have a total teralatery proyam the close supervislam of tenhaically d) make swallable open request of a i
arvmna at sonroes elressues, esapetent people are esseaualin dermer employee a re ofthe tac!sd.rg thou not subject to omstrol by achiedag todiol ca!processies and employee's esposers[rstaties:(e) at the NRC or der the Atomic Er.ergy Act, shaU be made la t request of as employee advlu the i
auch a e s.esys. re djun. eenslerasers. etc. esmpliance with safe tiens.
employee of his er her ensualred atten
' noe tevased eritens provide for G Ja&els.Sisas, it is espeews: sad (f) lafers each employee Pg nats an ag eement for a desirable le achieve eniferal is in wMung Hva abe employes hu egpera to category of metensla. anmely, labels. signs and rymbols.
the reeefved rosetien exposere la easese of new.les el m este metenalla permanent post;ng eereof. However. it is sessaual te pressribed haita.
i disposal factuties. ney stee prende that there be uniformity is labels, elsna.
11 Adf/tieas/Aegaaraments and l
1 new critaria for States wishing to and symbols afnaed to sediescuve Despaas.Censlatest with the everau eentinue aguleung ersalem and therium products which are areasferred hem eritena here scenereled and to processing and the westes resuluna perosa to perses.
===h e spessal esses or 1
t there!rsa under the previsions of the y.histrucuen. persons warhJng la se strcumstances, the State regulatory i
4 1
Urargurn hiin Taihngs Rad.ation Centrol Groquesung restricted areas 'shall be eethenry shsU be eetherland is Act of tg?s [Puh 1.eMot)after hatructed eth respect to the beahh hd:v6 dual esses to impose addJuonal d
1 Nm:.ber s.1sti.ne trosed erf teMa staka associated eth exposwo to requirements to protect bea!th and also centait a number of edatoMal radioecuve matensis and la presastions safety, or to grant asseeury enemptions char se such as changing AEC to NRC to maalmiae expoews.Warhers shaU which EMU aeysopardase health and j
where apprcprtete to serJorm to proseat beve the right to request regulatory safety.
Pratece andlew.
authority laspectless as per 10 CFR it' PriorKrelsetaanglhetgAe6eoc#
j I Inquitfes about detaus of the sectios te.it and to be sproseated
- sariah e-iteMa or other aspects of the NRC daring laapeeseas as spec 15ed la i
Federal State Relatoes prog *am should certion 19.14 of10 CFR 18.
11Marfre/uetion ef#esertis and be addieased io the Osca ei Stato 8, Sievse. IJeansed todioecuve uses. Kasept/ ens. la the prmat stete of,
Prograsna.U.S Ec. lear Regulatory matedahn storage shaU be secwed knowl*dge. it is assessary h agulating Comaluion. Washington. DC assa.
against ensutbortsed removal the possessies and use et byproduct.
Cthrk :
- 8. Wasse Dapesal ne standards for sowce and specialanclear asterals 1
the disposel of rascactive metenah that the State regulate y authonry Objectiwe isto the air, weter. and wwers, and mquim the subusies of afermation 1.pmzection A State forJatory buriella the seu shaU be la accordance sa. and evalvausa ef.the potentaal d
l Tresters shaU be designed to protect &e with part 30. Holders of radioactive hasards and the espability of the sur er heahh asd safety of ee pecple against matenal desirtag to release er dispose el Possessor er to his mostpt of &e red.anen ha.sards.
quantides la excese of the ymscribed meWMala.
eriteries is subject to hauts shall be re eartata essepam and to sentanuing pernhales from butred to obtata specia mappraisal as knowledge and Aodistion protectlan $sandards
- apprepnate
.1.54cadards The State totdatory regulatory authon'.y.
orpertence ti the steeue energy field
{or. gram shalf adept a set of standards to. Angulations Gewernirag SAlpment enerossa. Frequently them art, and protection ags:nst to dissen, which a[Aedioectin Afaserials.The State increasingly la the faters there may be.
1 shaJ spp1r to byproduct source and anaU to the satent ofits Junediction estegottes of mateMale and aus as to spre!al nuclest materials in quatuties promulgets reg 4auens spplicable to the whica1here le suf5elent knowledge to act auf 1c;ent to form a critir.a! mass.
shipment of radioactive materials. such permit posseeslea and ese without pner i
2 u.-ifer:nityla Aad2 bas Krandartis. regulations to be sempetible with these evalsausa of the hasards and the It is importar.t to strh a for un:.forsuryla established by the U.$. Department of espab!!!ty of the pouessor and ster.
a J
technical def.sitier.s and te minology.
Transportauen and ethat assacas of the new catesones fa!!into two rroups particularfy as roleled to such things as United States whees terte&ction ever these matenals and ones which may be, tri;is cf ar aasuaemer.1 sed todiat;so titorstate shipment er such matanals sempletely esempt hem s!etory l
date.There shall be unifarsury es necessarcy esatlases. State regulations sontsla.and thew meterna and uses martima par:nissible dosas and levels regarding transportages of ro6eacuve is which sancusas for saisuse an of red.at;on and cor.centrations of astenals most be sempetible with10 maintained without ym.evalmouon of ra dios nivity, se 2med by part 3D of the CFR part F1.
the todavidualpenwesies er use.In MtC regulaimas besed as ofBeiaDr
- 11. Aecondr sad
. The State mothertains research and development I
approve d re d.ation protector. guides.
tory prograa 11 require that er o&er actn%w tavolvsag multiple i
- 4. Tc:alOccapcteanalAedesses ase usere of re6oacuve een of as&asethe mewnals.whom an i
K.rposure. The rer.datory sothestry shaB materials (s) malatala weerda severing lasutsties has people with estes6sive sansidst the totalessepatismalsediouse personnet radia nos suposures. radiation training and experience.the State esgulatory sothedty may wish se I
prev 6d' a mesas for autherisms brasd me e==ne owe tw esse.ed sas rs as.rr.saena a set. ens e.a poteser seen e'asseness ame esses es, see semes,
s
--m
.han a es. re s >s en haemse an no,,,em use of meterials witheet evalueting uch s+ mpr tems tas rt teen onesene a ssast er masses em=enen er names.h ese esses opecine eso.
.1 saaer es mal she oss=== eeer a lame asas e e mesman esse naamasse seusmiesseswes m3sm es esshama er es UA Desvenses er ses* ehna em assues est ans ums as samemmust 33, g,shegee C>sterda in evaluaung 7massemeuse and Osessunehen shases a NCRP.
gmenssa ehbessh e esseme mas er semos e e 8
to use stdiescuve matenals.
'asermd au= me.neuem ens 6.= ispeassen sausammer endens mas en om apen es e seems.g tory sethertty abaU determine w G e's=enemm o esemuneammmans ama.
the cy of the opphenal's facihties p5-24 4eoessnber 1.1982 i
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POUCY STATEMENTS j
and ufety egelpment.his emislag and so8ase#wity b 6e p=pesed om a ne aprienes in eh r. eld.m bathrend expenence in the ese of the maternale evaluated and inepeates This seguires and spesas talains of theos persone l
for the purpus regoesud, and his esapet evaluele verises wulindicate to ses e estest abeir propewd adminletrouve eenwels. Stelse potential eelbasards ualvole is the segule
.am.
should develop guidamse doesmans der essesloted with many sees of we -
af eswee.
be used 1
en by henne appFcante, ese guldense sed 6eessee meterial and imelodse Isige11y to era le and hepost those eheuld be seastetent wieb NRC beansing esseeneouses of rodiesseeve meternale opphestions of re6essun meterule and reptetwy guides for earless in ear and =ator,senselene of shieldies.
which are seneidend soeuse er mees nee alscensed emivities.
te making of rediensa em elendardised tem es redaelles safetr astep&aien Use.The see af esseseWes leewledge of sodiedes toestmente-siendpoint. for esemple, inspecties of 1L metenale sad tod eties en er se bemans abeir solession,see and enlibretion-tedesstalgespea smauremesh sh11 not be permitted easept by hboretery design, esoteminaties pres eme,ans deegnesus med.est l
p 9.'y vshSed pereene (aermeDy answolother generalprimalples and prepame. As they gale eepenense and 1
Lcensed phreicJene) possessing practises of ressess pressemen,and ecmpetense in the held. weinees seuld l
pressrtbed miniaan, emperienes la the see of sensagement seneels in assures he seed poposelvely to deal wie the an ofis&oleetepea er sseesse, odberense to esfety puesdems. In order more esmpna er Afr. emit types of i
- g.,
to evaluate some esoplea esses,the endieest we material appliassione. h la State segolaterr staff may esed to be desirable that seek treinese have a l
St Arrposefagemy.The espplemeemd by assemitante er other bashaler's deerse er egelvalent in es possessien med see of radiasetive Suw synske wie apruee h pWe physisal er his solenses and specific j
metenale shad be evbject to inspeedes hydrohgy.wehr geabty.-P ' %gy, weaning la reseWee possemen.k by to sgu! story sueerity sad shau be and easieurms heelphaea, detonamlag to requirement for j
subject te te prfersames of teste, as To priorm the funessee involwd la esedemie estning of ladividente in aU of required by the regs!atory evtherstr.
evelsesse and inspection, k le desirable the femgeing estegories proper J
1erpecties and teeung is senducted to that them be pereennel edessted and esasideraties should be given to I
j deterieene. and to assist is obtammg.
1roined is b phyeleal and/or kle equivalesnt osapimy which has been J
8empliance with fordetery esiseess.helmeng bielegy.eberalsey.
gained by oppropriate technisal and afregency ofinoposenes almE be physies and
. and that the se&agen poteenes espernesse.
anu g
n!sted damesly to es amount and klad pereennelbe ang ale seesydsed that sediassuve.
speese h mdum passa.Fw meteriale and ther een are = wr6ed af metena! and type of operessa example.6e perses who wW be that he evelsesse sad inspechen, i
licensed. and it abau be edagsste to se asible fw h sehd '
hoeseas wiB sogears skuis and lasen semphanu;_.. -- lJamesese of aleetles and inspecudall of the esportense la the 6fferent dise6 pines
~
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17.laspeccent--. --
,,,,, 3g whieb wW met always seende is one j
shs!! he ander ebhsetime byis.w to
,g,,,,,,,
g iertd whieb migM -
Po'esa The retele'e'Y sotherity should speld seskarE Pmvtde sceans to insgstere.
emme m te esgulatwy body shemld how aave the sempeelte et seek skins aither 18 NouAcevenaf enho of l
pubetasual Da and estenalve to its emplefy se et lie sommand, not Jnspcs, ion. Utemps en.estatied to be expertence,l,a,tb,,, eld,o,,f r,ad,ie use only for meeneles8eae.but slee for ed.tse a.e res.us of s,e.ne. a.d
- assee.
to seu to whether er set eey are in,,,,,,,g,,.
g.,
j equivalentla the ph orlife Weseholand Tritism Lafemament enleases.ead y ; &_ution gg, y
g, gg l
Sg.EnfessawnL peneesiem and see kg),eryogerialgen,,,Meterseland of rednescuve metenele abould be rit le resegnised that 6ere wGl ales be Trision.Neths b ee 544's 3
i amenable te enfersement through less!
Pereene la the program performing a segulatory propen shall laterfere with '
j sancuens. and ee regulatory sothenry men timited fleeption h evaleeven and the dauen imposed on the holder of the shall be equipped er aestated by lew laspction. These pereens will perferin materiale by the NRC.for esavnple the wie the essessary powers forprompt te der-to day work of the agelatePY duty to to the NRC.en NRC j
enfersement This may insiede, es propen and deal with both metime forme (1)Wanelere sf specla!
4 e ppropris te. e dainistre teve renesse alteetiene es we5 es some which wG be aesleer materialsewee matarial and looking towatil1semanes of erders set of es artlinary.These ggagen,eng g,,,,
. g g.,
requinns atrirmauve acues or ebeeld beve a beebeler's er as.
tMewdst haed.
ogs velsetin to phraleet ble aesleer meternet h geantices e
euspensies er revesaties of the sight to 3
peeuse and see metersels,and he emessess.Dateingin bulth and not sulheleet to form a witical mass for impoun&ng of materiale. to obtaining 8pprealmstely two pam eennelererk present messearealma of injescove rehef, and te Impeeleg of seperleses in to Sold of pe$stles in ghe U atlis etvil or unsunalpaeshise.
- potesese, quantittee met essee the ye me of The are sueldwed eenmined u ass.wenism ans in.
hI desirable times for the staff wbe geen#the est esseeding 3DD pose:
SIL Quelifissitems ofAsgelesery aesf will be resposelble for the seanal.
plotsalesi to quantiske met oncesdmg i
Jaspecteen Aersonnel The regelatery
- g. " -
n of evaisetion and Iso pame.er any sembinaties of them j
esency shall be stoffed m14b sufficient c r h addities,there wlB in seestdanse with the trained pensenet Prior evaluatise of preh: ably be treteses esseeisted wth 6e formale: For seek band of ste appleetiene forlicenses or regulatory en wbe w m be n an ausleer meteriet determine the roue -
eutherteouses and inoposesse of esademie h the physicaler between the gineauty of slut spesial besasses most be
_ _ - d by porosas ter seieness as we5 as eerytmpameente nuclear meterialand slw quantsey penewing the s'anning and emperknee of speelBe talehgIntodieties opsifkd eben for the eene kind of solevant to the type andlevelof potesties het stue er as eseealweek opsialemelear malesiaLThe som of septemte 1. Its2 pg.25
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l l
PSUCY STATEMENTS t
4 nch retion for all of 6e kinds of special 6e leDewtes geantines la sembinettee for the DOE at UA Government.ewmed ausl:at matmalin sembinages aheald wedd set esseei the Maltaues ans are er asesoUed altest l
act essesd T (La. er.lty) Ter example, withis the farsaula ea fouews:
b.Pitse esseestem perferanlag i
poseerek ta er devolepment, i
175 (3 rams contatmd W235)
- SO (grams bt33)
- 80 (trans Pv)
- 1 manufeswe.eunge.imang. or l
grensperisses ef.etamic weepsu er l
J60 309 390 assesmentetherest
- e. Frame asesease eslag er operating tThis defintelen is esbject to sente by dessettaennes of NRC reguletory aselear seestero y saber aselear future Ceaunissies rWe or regdessa.)
outhertly and the assempson et devises is a UA Geeeranens.ewned resdetery sothertry by the State may esbiele er veneek and
- **"688 soleie to any ese er more of the
- d. Any other estme eenweeter er
< s. 5.ce pre etices for assuring 6e lett tellowing setegories of maternah withhs esbeenweeter of DOE er NRC whom the and impartial ediruniseases of the State.se oestempleud by Public Seem and the NRC)sindy determine (f) regulatory is w. Includmg prevleton ser law eMP3 and Pubbc Law se-eas:
' est,onder the terme of the essweet er pubhc participacen where approptiste.
a.9ypredest materials se deSaod b esbeentreal eere le adequate should be lacorporeled in promedarse secues1te[1)of the Act.
aserense Ibst the work therender saa for:
- b. Dyproduct meteriale as detoed in be sesemphabed witbest endue risk to s.yeeroulauen of rules ofgeneral secues stapJ'ef the Ael, he pebbs beehh and safety and (til that appbcabiLey
- s. Soares materials.
to esemption of such essenster er
- b. Apprenna er deri. ens app!!astione
- d. Special sueleet materiale is esbesmenster le oathertaed by low.
for licenoe or astheruscon to penese geanusee set enSelest to form a
- ard at todioactve meteriala, and artuaal mass.
Adetiemal Cetteria for States Reguletlag i
t.T. ling dise:phnary acuene agetast
- a. law levelwestes ta permassat Uranium er Darle psesenen and licensees.
de est facihees, se deAned by etstute Westee Resultlag hereben After
- *I" *' *E'I* **
Arresgemense FarDisaantiady NtC asetalains see er more of the mater 6 ale Asseuses Arisecten elaled is a. a. and d ebeve but met 34.Steia AgencyDesignetien De todenas byprodnet material es deSaad E State eletetse er duly psomulgeted.,
j State should andacate wiuch opteer er in Secties liep) of the Aet ngelegene abnid h maamd. If not aimedy 18 P een,to make clear State l
ager.cles wCl have autherfty for earrylag but must slau W es wbde of eash y W mer at he aquirumu en the program and should provide me estegory er esterWee and set to e part er Public Law e6 cos.UrerJun ben NRC with a summary of the legal W any eemg 9 leu esa es Sve I
I*0A*U" 0"**I A88 authonty.Dere should be seruraases estegerles are taaleded la any I8 I*U*"*
ogeinst dsplicato regdsuen and gesentananas W luthecues.
- a. Asewtg'e agulaW 6e talhngs w 1:sensmg by State and local sotherttles.
Geesatinesses of NRC regulatory wasin pedud by to entsemos w -
sad it mey be desirable that there be a eetherity and the a esa of ainsle or central mruistory authority.
tory setbedty e State of the masente$es Wweada er ewim
,,y y,,,,,,yggg tem any are preesssed primar0y for its 15 Iristig NACucenses ad seeres meterialesotest, 7' emirs Applicetisu. In eflectag th eu,bequesdy by as W' w by a b.Det as uste swety (oder d.sce*.tinuance of jurisdict!ss, g,,,",,g htmeesta h mgdagssW.D k a;prepnete attengements wCl be mede he t me bestparate by by NRC and the 3tais to ensure that esferen less of eeer desumessa, proelded by the liessees to eseurs the halueng een alwds, ad to ese leties of a5 poquiremente there wiu be as interference wie e' ena h he interruption of11eemed activtsee or the agreemaat abaB be deemed to State esency)ier th(efu appmpMew e deesstaalaaties.
processing of Itcene applications, by howpwew M6em spec 2 refweses seascr.of the trar.sfer.yet esasa.ple ese ne prevhkas d Pub.L. 86 873 ed Pub. hawaaint and melanesen of eptreach rnight be est se 8:sta,in L Shot and the related prevleiens of ettu, stumuns, and eqWpment used la l
assuming furisdicten. could moognl" tbs Alamic feergy Act, eenlunesen wt6 et gem m a n w A
ode for 6 depaal o.f ese bypodem memHal er.d contanee in effect for an er,re,ne,e,esa ef me ua.r mie
_.rrease,mente a,,beeld,be m,s osase,e e.
. e = te n sene "883*#''7. m':*:*",g su
_ ees,a es =
j le w. utsung NRC unens. incl
- dias MFedna,lumaanmeennesenwas 8*1 ". -
=!Me m.is seety serisecterm'Z
!";Olist'aste*It.ee".;"e, c';r;ma a a#wa te e
.e asee
.e.eensee.
ee,e peu ceues.e,tante o,.M -
~ ~ em,e,,
Canarsetwo.N Itate e5eeld prev,de serveWease and motetenance w seek eettaeamation er terminadse ofIbe meternal he total emeest of the funde license.
%uses for NRCand DOStwo which we sehtantaDy eeuested by the State abaB be 4
26 Aeletiens W/ A 7bderaf Ceie. ament adOsAerateses.There Dessferred to the U.S. lf emetedy of the eheuld be an intorchenge of Federal and ogWnlem u t,o f,eHe
,mespaans.
,, y,g,,,,,,,
,,g byprodnet meternal and its espoul site State tr.formauen and seslotease h to treaeferred to to Federal ser:nection Mth the issummos of G.overnment toiminesen of the 4efsen bu.L.,w ow ne 3a:.:.:.:.;is.e,ae.estes=;llr.,se,
~ tt,*,l=,=',;ll aguleu.= ew useno.
o sie non-aRimair=
aumenune.= space.n of n.aee
- a..
e e m et, a
orerun a in m enu andvi.i.uena.
a e e us nee.
seeismeiiane,elbe,bondedseleett,he, al,,'g,,idig"j,ll",P=*-
'.ll",",,llllf:t.llf.'eWs.'.:ll': en h= P=8-=a8 *=* 8- *o=*==
s anw irr.4a aernmem prw.a.g f.
g
- '*-a*----
)
pg.36
-Gayeeseber 1,1982 1
.-..,-,__-_..,_,mm_,y m.m,y.,
,.,__.~,,ym,
l N
1 is PCLICY STATEMENTS I
e, ere not to be woneferred to the Federal SLkis referable est Sete eletsies Goverareent. no funde eauested by the easteh no bee of Seselsa 3 of the 6 tete ehd be oatheiset to answe Model AeL st the felle= tag mer be deelgasts a lesi egesey fee espeMaing sempliance with the reguleueno the obed by adeptoe of ei$er ad new6mdes.poparou.se d ele
,,g,,,,,g g g, Commissima estabhebes pwoment to by segulouse er teabalen!
,,,,y g g.: g,,g,g,
Secuen181X of the Atomic Energy Ask aritarla. la ear assa, sotherity for their
,,,,,3,y,,,,
,g,,,,,,g
& la the insensee of basassa, as toplementause should be adegestelF h to bed ap,q, ac hele posin la opportwitty for wetteen a====ta, seppersed by statete. regulatlea er esse gg g, g,,g,,,,y.,y g a
public bearing (Mtb esm weasemakeueou,e eertpt)and new as deteendnd by Ibe Easte Asterney g,
,,,,,,,,g ggde.,,an,,,u,aare e4 cener.t e.la the issusaaes elbessess, e es theheanslag andregulatism afan err'tten lue-minetien of the neuen le be possesed ytmartly #st melt sewee andreamentalmport h line of ales 4 t.Les busJ upon eddense peessted maternal esmiset and for te diepsea! of apney ann,ement d,he payeeed typedest meter p,, g,,
daring the public samment period and
,,,,y7r p,,gg am is e*, to ia.i.e.tew h esiabad ww.netpenedwee shalbe I
, g, p.usaw is.
poquitet emelyele of 6e impost se to a, e,e,,eames, es,se,s.t ued
,,,, d,,,gg,,,r,,,,g,,,,,,3g,g
- f. A has sa m ieues of.aler sonewwetle#s coversemen.t of tbs hasasing a
'" to be s., sed b,.eb.bk hfamassa meJ sepw w
eaf.emessen nu eqbe en esassenesment ofaa be e.waie a
..e,e as ist, e, so empulemena.
Pubhc s As opporturdty shnu be povided heerlege and chan lasledeL m
hiermones is sortbed and doesnested sammasta, public heariaga, and jadida]
andseaposeloglealpobhcbeals-by to Stats. -
for pubhc parecipatles through writtee
- a. As seesesment ofIlw -
. e.When alead speary h deelgasud, i
resie= ef rulee.
858; est agener ebeeld esordinate l
30 In the emetment of any espporting Aa=====t of earimpost es
' y,,peregen of the stetsment.he other legislation, the $ tete eheuld take inte may wo ar 3 mund er" apanin hydved abodd pedde I
aseount the reservatieris of authority to g
oestemmes wts scopet to their area of I
the UK ta UMTRCA as stased la 30 CFR liessed setdueM
$wlese6es and esperties.Festore h,h selevant h obtalalag esenstanse from 33043e and sanearised by the t
elber agend.es includ.e he appliesblg.
l me.
gg pg vides Seb ele so.ri e
o.se a.no astabbehmest ef =tal===
Asyugoideas orbish ageseles besmae levolved.
}
etaadards governas malaemeen. lang-
,,,,,,,g 3,,,gulesens should be 6e megaltade of abstr levolvomaat. and E Smu a terus surveJ! anes or maistaamie, and
, guy,,,y,,qug,
,,ta, relettve esperuse with sospect to the oweerslup of the byyrocluct material
- k. De determinataea that the
,g g g
p,p,g e sevtreamental a8ects.
teralastles eta bsanas, the has segulemry leaguess whieb k egerwalset la arder te bring as esvtreamental i
compbed with almeemehnanea*
a se egent presgeaWe w see sesseement h e as*'n i esasimies.
.i d*eemmissioning and reslaamaties gygagent gag,eygegges and standarde itle seesamonded that sa taltial standards, and ewmentup requiremente adoped and entered the t be developed which for sites at whach byproduct material le Comm3mlen, a seg bygoessa ele stes the area and aeope of EP%ula CFR40ud aCFR wwk he performed by eesh agency p**8' mquimment that prior to saa.y1(b)).
wisia e gives time esastratat
- e. De
& For new amuis ne forndnatise of any beense for byprednet CryendsedisoafAni-E :^!r WisAl8 matertal, as defeed la Secson 11a42). of sheAssese eewreemenW umaanw.I where the the Aleads Energy Ast er for any State ensamt idesufy a Stone ageney E Cagentestenal relemensklpe howleg saElsient superuse to edegately
[
activtry that resulta is the predesden of abodd be estaWahd wWs wl0 avalew he er to as i
euch material utle to such byproduct meternaland the disposal sine he povide ser en egesuve reputetery aseenement, te havs tratisferred to the reders! Govemmest Ierarealum mius and mRI poetsieme for abanialog outside e,
essentting servises. js these hetances e State et the option et es Stata, s.
abedd be d which where men.governmaastal senaultants povided auch optaea la enereieed prior abow the management erg sea and are stiheet prosoderes abeuld be.
I to lesminellen of the beenee, hans of notherite.Sie abart abedd establiebed to avoid seafbet ofinterest 2
4 he authertry to seguim seeb monitoring.metatenassa.and de6se to apostle kaas of supervisies semeletest with State low and f
tres pegram management winbin Ibe adotalsvetive penederes.
emerpacy seassures altar the lissese is endishes eestrelpeep and any other adetest osasuissats senegnined for tereumated n to peeset ebe department weibia the State sospensible 6eir espertin la emwyney medacal Public health and for these
$st eenwlbeems to to reqdsese of meners, sash as the Od ludge end meteriale end paperg whieb te wenism and espesal af ManteedNeuenallaboretones relating state has noenned eastedy persmaat to tatop.
eher State speeles se a se knahe w wenium and its I
Pub.1. 36 404.
seglesel elless em sellised, abs i. nee of dispeels thereof essasisted with i
e.De authertty totasedt use of 6e osamesissues and adelaiswoWoe areales adming and ageing abedd be ewiese er subaarfees entsta.or bot of esevelbetwees he egenstes oms /se identiSed and media to the Siete for.
I abe land tensferred to the United Sietse er State purement mader pedeles of the and to propenDeresserebeeld advise and great seem anse.
town.
Darks he hedget peperellen.6e i
Uranies bial! Aa6aties Teiliego Cameral b.
86stes est wlR stDies State ebeeld allowist Amens easte Aet-L De authority to enemptland paressnellren saber Beste Departments hearted by te see of esaseliante.la i
adhuen,nomeeltans should be i
ownerebip trenefer aqueemente of es o so.en, w.mmmmens as e end.resame eveneWe1er any onwgeneses which Sectaae 43fb)[1)(A).
hiessamme tur,shes sunse.
September 1.1982 PS47 e
i
-i
)
l w
P01.lCY STATEMENTS may escw and for which their esperhas have additiemal trelaing in Urani.es bGI Ib) wesid be needed immediately.
Healib Phyenes and Environmaatal i
ej and meter qually d) j Pamous)
Ameesmaata.
i
- s. persennetic asseeles other sban tbe 181 smeetles
{
M.personnelasededis ne T
^"
f)Tallinge mienties sysiteam lasd esency are taskuded la these total s,f $e 2ceau applisaties aan G persee year ammbere. lf other egencies i g) Interla stahl1tention, smalaena ties.
1 i
Adentified er grouped asserdams en the are seensed in these numbers eben at ase, Site Dommentaales preyan:
4 faUeming skaa:Technieel shall be densmetened that these I """W Does A a====aat 4
Adstnistreuve.and Support peroommelwW be evaanble en a sustlee Semes tems i
- s. Adam!:traun pereennelare these and assunulag hans to e degree Espeem pe6way pe=ew who will prev 6de hiernal claimed as assess ;'s seemeufuDy pDas commitment to te&v6duale s.'.'es Ms. menersada, reviews and esmaly erle the seguirements of
, One sommitmenne popalsuna j
s..
.;.:.mervices acessaary to assare UWfRCA and these eriteria.The
)Evalsamen of redselesisa! Ampacta corp;esea of the lisensias acties.
errangensats for makles each reseereas to the pubbe to lastede a determinetien i;
Support personnel are these persons eveinable chan be desensated, eash as of esophamme with Slaw and yedna!
1 who previde secretarial e6ertsal as tolerepney menerandum of supleneas and esaparisens with i
espport. legal, and laboratory servissa, anderstanees and esearned by bookemund values Teshnicalperesanelare these bodytery east senters.
LS) Desopenenaldone ind.widuals who have the estales and 173 'ad""'"p'aat impaat to blets other expertense la re&stles protecties Asnessensh h M
&sa mas necessary to evaltate the eastnertag as.The States should develop (S) Ranelegles! maaliertas programa.
and rsdaelogical safety aspects of a procedures Ier licensin6. taepecuem, and pm easepatismal and opersuanal s
.' acaniaan sancantrator. Currtat prepareues of sevirsementtal (1) Imposts to serfees and j
1 i6:etiens are that I to 3.75 total assessmenta.
, u Laer both goaltry sad geasetam j
prafesslesa! porosa years' effort is a.Usensing EeversamentaleSects of sendaats:
twoded to process a new soeventiosa)
(1)Usenslag evelostless or a
arJ leasus. la s!tu linease. or maJer eueusents abould laclude la. plast ik) Evelastion of tanings management venewa!. to seei the requirements of yedielegieel safety aspects la alterasuves k tems of agulebens.
tn f7RCA.TW: number secludes the secupeneael er twtrteted areas mag II)The States are ensowspd to eMert for the ensironmental assessmaat entireementalImpace to taas la esamine the need to mapand the esepe and the in.plaitt safety review.k ales earpeelsted aress from tb
- ang, of the amama-am late aber mens each lashdes es we of waadtanta Heap (3)It is espected that the tete wW as:
leech applicat.or.s may take less une yev6ew. evaluate and previde (a)Isologr.
and is aspectsd to take U to M desumentauen of abus evaluadeas.
(D)Eeversemestal efects of alte q
profesalonal staf years' efer1.
Items wh'eb should be evalested are:
prepareties and feellity senseustaan es v
dependans en the carsumatance:
' prep.e,d seg,tger, seversament and bleia:
encountered. Current ladaestions are I
of proposed scues:
( Esvireemental e5ects of ase sad that the re sen years aSert for seppert eenvises to be senducted; of shemicals and heels; and 4
and lesal services abeeld be one l
seee,e presoderes; (d) and aesdal e5eens.
4 secretary for apprestastaly I
) Faedlity orgaalaasen and e.dnapsessene 1
convenuenal m.us and % staf years for sodiological safety perpensibilises.
(1) As a maalmsm, tiens which should le3:1 servises far each assenstested mill entbertues. sad permannel be laspected or taaluded dertag the case.The tapeet en envtreamental gosh 6saseas:
thtpostlea of e ertaina mill Shou!d monitoring laboretary espport servises (f) yeensee sedits sad laspectione:
adham to the items evalosted la the tre le c!P. cwt to estimate but abeeld be der (3) Radiaten safety salaing preyams plant ealog review.The prinspa! items I
added into the persanne! requirementa.
workers:
' for hepasses are:
l 2a additlen. eseeadsteeles should be (b) Rasa tien esfety program, sentre)
_ _ -) Adelaistotles:
l sh en te various miscellaneous post.
and meal
) Mill atreult,tasleding stry Leena'.as engelag artrvtties tecle&ag the (1) Res reen sharkinge and stions, deleWeat. er mesuit changes; i
lasaanse af maner amendssata, asases sentrol:
is) Aasidents/laaldente:
1 laspections.and sevtrennestal U) At emiseng mWa soview of (d) part te er equivalent.
- rts eurramanca. it is essmated that these semiterlag data, espeere recorda, of the Seele:
acVsities may require shout ELS to 3 beentes audit and en records.
(e) Aeties takaa se peviset Sadingc:
pe sea yeare eftert per beansed facility and etbarsesords ble to esiones trj A em tear se determine 4
per year.the letter the esse for a mGle:
with regulatione,andlleense j
ma)er facility.These deest Envernessestal mentterlag:
88as:
1 include maapewerler IacWettoes Emeryney n_ _
(3)Tagange oneste managesset la of LSfTRCA.
sal:
asserdenes with lations and beense i
h.la erslustias hemmes opphastiene to) eensportsties:and esattions (see Reg. Guide 3.1L3);
i the Sta te shall have esesos to asemenary (a) Site and decommissinalag h)Respiratore Records:
1 specialities.ed r'" ' 'selety.
V than taihags.
FI la j
hydrelear.palegr and ilem aeswdenes esth essensas er so 4
sonstructaen and operessa.
has(elEmploya esposee dais and way persas.
CFR Part E la eedition to the pareannel b.hvarsamesaafAssessment U)Edleent and spetreamental lustraentions listed in the "Culde for 1)The severennestel evaluauen meafterlag:
ralusues of State Radiaties Centrol ab(eeld sensict of a deladed and h)Tuslaing peoreme:
Prerama
- Revialen 1. February 1.13e0.
desumented evalmausa of the felleistag 1)Transportatism and the replatory stag involwd ta the teams:
1m)leaseselseetew and sedit j
regula tory presees (Radiases) abeeld is)Teperupbr.
=aaag-* -
1 pS 28 espisenber 1.1982 4
5
(
4 1
t
?
POUCY STATEMENTS i
l to) East late-stew. and semplee k a vedety of semple media i
le) Feelwitnes report dessmenting reewtAng bem a safer seddest saa be the results of es hopecues and Andinge analysed in a time mome that wCI allew en eseh lism.
thWy decialens le be made regard 23 3
(2) %ddities, to taspeeter abould public beelth and sefety..
~
perferin the fellewtag-
- d. Arrangemente aheald be smede te (a)ladependent seresys and gerecipais in the Inversamental 1
samplins.
erosesties Apeney quality asserases (3) Ad' iusaalgoldense is asetalmed program ler neberstery performanes.
d 2
in oppropriate NRC segulatory and l
1 laspecties guides. A eseyWe
?
j inr;r.t.as should be.._ ? et least r
age per yaar.
i
- d. 0,eretiese1Dete Aseiner
}
(1)la addities to the reportes 1
seeutrements required by 6e regulettene i
er license sendauses, the beassee edil l
submitis writtag to the segulatory ogency within to days afterlaamary 1 3
1 and July 3 ef each year.soports i
opeedying the geantity of eask of the 1
principa!redienecbdes rolessed to enrestncted erese in bquid and is geoecus e& ente duttna the previses ela,
l months of operation.This dels shad be
- ~
1 reperiod la a manner that wGl parodt the j
resJetery egency to eennto the potential annual redisues desee to the public.
(2) AD deis bees the radiologien! and see.rodielegical enwiremmastaa t
eer:11ertag program wGl ahe be J
r eubmitted for the same time parteds ud l
(
freqaesey.The data wul be repened is j
a meaner that wCI auew the regulatory j
agency to conferin the does is peerpiers.
daeousinaseuse j
38 The State abould beve eraDeble both Geld and laboratory instrumentates su!!icisat to essers the lutasee's santrol of natenals and to l
vsLds to the beessee's messerements.
a.The State wCI subatt its het of instrursentaties to the NRC for review.
Arrangements should be made for solibratmg such equipment.
t i
- b. I.aboratory sype instrumentaties i
should be avausble la a State ey se i
through a commercialservice has she sepabihty for queautaties and j
guahtative analysis of rednesushdes asseeisted wtth natural arenlum as ilts dusy shate,petsutCy;U4ak Ka4as.
Th.330.Pb 210. and Ra42L ts a verlety of semple media auch as wiu be enceentered hem en eestroomental sampling program.
Analpie and detsvedustos bem laboratory analytieel doeGines ehesad be as silable to the beanslag and laspecties evtherines is a meaner.
Nerinally.the dele he sonGable
=1this 30 days of sehmittal.Siete ecceptability of gestity esserseas (QA) programs should slee be estabbahed Ier 1
the analytieellaboratories, j
- s. Art = :, : ~
- should else be seenpleted se that a large number of Segutember 1,1982 pl.29 1
N.
... - ~ -
i 4
{
i POUCY STATEMENTS i
9, as pa seems l
ponesse7nset i
Orfterte for Chuldense of testas and NRC l
aeg tiDessenswe. ries.oretRC i.rr a.,s. ort r.
es es Ther**f by States TIwough i
Agreement Stateenant et Petey Aseset.NedserRegelstery
{,
1 Anne assw.wo, ar.
i i
suumampr.le a poderalRegister desument pubbshed se jeemary a,1 set see rt ree.ases.m Dee.m-anal.no NRC puhtlebed Otsene ser Guidenes of Sieles and NRCle Diesendmeness of i
NRC ReguleWy Aethener and Assumpsee Theveef by Sietes fleendi
)
? m m' As published et es FR Fees, i
d1.Ottedse af.which seetes %
en seier eenswuseles pner te eseplenen of the e8penesessed supulemene.*is toneswete.This desument eeneste ibe met af QNeeries
's t
a br sovisies parayaph f.to seed se seuews.
4 A has se ester esasenesse pMor e esopleen er es esman sevenemsment l
eeslyuss seesesend in tenanse m
- l
}
pee pusmes euroasianos esarraer.
lobe F.Keady. Omos of State Fre Nuclear Rep,etery Commiessen. ymm a
Washlagten. D.C. 3a88. (stri) enB4spL J
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portemense shisseves, teshaisal sogetremente and Snencial seewense t
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sogetsoments sentained la pen et and the waste transfer and manifest system esatsleed is aThe puolelen slee seenflee the of the Nealear e Pa serfs Weste pebey Am of tea.Celteries e we he usedin udsiLse adegney ememew wtm meeer ee,,es.f C
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g',,==,,pperd i gade hQ jaag Assumption Thereof Dr States y
W W Creene for westa. fee ed4tisaal reoleiene to the.
W make and MC e6 tens are esanidsed asseseary et thle.
j asemen Nesleer Regulassry ene to enterinte en epoement wie s Connieelen.
Seate which heledes notheniy te aevies: Statement of pebey Revision, engelate lewdeoulseesession weste l
eusesasm Cneenen e of the NRC's Ayeemset testes sevently
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polar for Dnseenemiesene of AetherHy segningsg spesang burial sites.NRC dated leneery 3. test oppseries et et has been and wS emellmes to work with FR 76eo-tsee. deels with weste esposal.
to 84 stas to implement part et -
it states that the steadattle ter dispeest peevielene es e ense4py.enee heels, to 1
f inte str. weter and sewer. and banal in to estaat prestiesble.The ween j
eeil shad be is esserdense wth te CFR tenefer and manifest erstem,se CFR J
port a The Comm6esies's seculottes 10 B.911 bonesse eBoative December F.
1 Crx pen et.which komme effecove less. om es intens beein, ereassemeen December F. teas, pnmdes beanstes en beine made with the Ayeement J
preeedwes podermenes ob tives, sestes seselsens the esteens betal eius wchnical ageneomum end to emplement te ween einsemamens.
suurence ;.J.- cle ser me seemesse eyeese end weets seasser and manifat of heenees by NRC let the land disposal system threegh the banal site almeneses.
of meet wastee that are sammenly ese swerrima esensaatione oestract -
I miend to as low 4ewl weste.k Kahleen N.Sehemder.OSee of Stau 1
edet6es, to Noelear Wmu peber As peuyana UA Nealeer twy 1
of1982 tequires that to NRC and the twa='a= Washington, mass.
1 Agmement Stotes psevide and approve maleph ggi.ame seen j
eenein eteled Anencial arrangemente eart opennattest Cnwnm prior to isosenes of a llesmes for low.
eh W h & ImHows 3
eevelradionettw weele Geposal er b 3
the seee of beensee is afteeLp to l
termineues of such lieenese.Tae S. Radieeedse Weste Disposal.
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'N* by una mano.
som et the th.eso ee.e-te.te
- - =*e= % ~
.is h..e ai weie,
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end sewar. and beNal h the nell shall be i
- WW8uru and eqWpment esed h h eessedanse wie se CFR,, pen R,,g,,
l eenimenes wHk tow 4ent wwte y,gg,,,,g,,g,,,,,,,, g,g g,,
f The Casseiseien behoves abat States
','I"M seeking en eyeoment pwesent to h minem of batu shah be Sect 6eatrebof the AtomisEnergy Act Wh W puminip 4
i eute4 no easedes te verulate sand Den te *8P*8'*8e @mry 4
espaalof meesceve weste abeeld seeway J
estabheh stendesde Ier et which g, gebemente ter c,onster of we,ste for Re i
en in essend wah he oppheeple
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techn6caldoenitions.-
g,,,,,3 g,g,y tweme tensfer ebbs #ws, tuhmisalogdmauste, and and manifest systemi sha5 he in Anencial eesurense soqstressem of to essesdense wth te dFR m j
CFR paa et and the waste tensier and The esses esposal eiendards shal.'
J sen6fest cyonne presenhed is to CFR helnde a weste sleessnessen sehene pariarw me www meadem synne
. a d,,,n,sens e,r www sena, tolessen eNesewly en e aseenet appliesble to wesia pseerstere, tot le s
basis et is acesseen for et lessesses-eqWeelant to toteasteemed la 30 CFR bot NRC and Aroesset State, to pen u.
1 setiew the esse eronn.Thus,the fb land depenalofwest medwd Apeement tietes are empeeted as adept ges)eike, p,sens.The siete shan 1
and implement this system for their e, seguissene emetsisl3eg been m s.
___ n ser lead deepenal j
pS47 Adv28.1983 j
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POUCY STATEMENTS af someneeve weets secolved diese seer persons which are able wie the W
apelleable toehnical j
posh menseshfeselves, h 1 regelremente and oppheoble espportes sectione set forth in se CFR Part 91.
l Adequate Anancialz-
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i terme established by:
he seguired of each weste disposofene Kessees to ensure authelset funde der 4
i decentestantieri,elosure end i
stabakesties of a disposal she.in ^
j addlues. Arroement Siets Amenelal arrangemente let long term mannerter 1
and maintenames of a opostAs she meet i
%e spelewed and apperved by the commium prior = reg-' es one j
operater af hemmeed :. L SP-ess).
Pty (seessa satte)(2). pub.
1 Csemisolener Roberie.to i
dieerproving. esetod *C# van 6e etsess' 4
and the pobhc's tolerwet he all especte af eer weste disposal regulettens and -
guldenee, this sevtales should go est der
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i AGREEMENT BETWEEN THE UN11EDSTATESNUCLEARREGULA1GRYCOMM!sEI AND i
1NESTATEOFMALNE POR DISCONTINUANCE OF CERTALN COADGSSIONREGULA i
,.. - AND l
RESpONSBil11YR11NIN ENEETATEMatSUANT 10 SECTION274 OF THEA1GWCEhlERGYACT0FintS4, ASAMENDED 1
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WHEREAS, & UnkedSwer NudearRqukeny Cenenlanlon (heminafteriif
)
Commission) ir auaorized under Secaion 274 ofAt Anomic Enerxy Act l
(hereinafter refemd to as Ae Act), so enser Asso grunnener add Ac pnwidmgfor discontinuance ofAe regulatory annarby ofAe Ce% ndAin ne l
under Chapters 4 7, and 4 and Secalon N1 afAt AnonGA mpact n hypm l
defmedin Secaions 11e.(1) and (2) ofAe Act, somme neaterials andsp l
in qs.antities nota 4]icient toform a criaicalmean;and WHEREAS, M Gowrnor ofAe State ofMaine is aunorised underMain Annocated Section 284 ao enser Anso his Ayuement ude Ae Commission;
. Maine (hereinafter refemd to as ne State) has adequate to protect he public henish and safety win rapect to ne mat
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such mataials;andccwered by this Asw.4 and hat Ae Snate 6aniras i
F eradon between ne CommisAm and Ae swe non stairut haannis of% na be ooontinesedand co
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De conmunion and opendon ofanyp% er unihxadon facihty; a
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t ARTICLE VD i
he scauafor de mataiah Haedin Anicle iHoensed by Ae s i
o itate. Accmiirsk se commudon and Ae sase epee i
wopriate ndes, rprulasicas, andprocedurar by nAlch such re M
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hes ku ^sreenat and raaaat se scauirw andinrulat ne Commudonpas Aar (;y,as saminagon or,ap,,harity nnedin makh andsafet> or (2) the state has not compGad n ia,g,,equimisoprouerhepubuc iactin 274 ofhe Act. M Comminion may also, p rements of m'ib'aupendas orpart ofAlsAgreanent g h Acjudgement o pe
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j Federal Register / Vcl. 87. Ns.103 / Thursday. May 28.1992 / N Uces 25495 i
ne besumes to abange the Unit 1: Environmental Aeoessment and ett Sohns Highway.Wharton. Texas careaverage kom 23.740 pinding of No SigntScastImpact. As 774es.
unegswatt days / metric ton uranium indicated brein, the environmental (Mwt/MW) to 40.000 M%V/MW. A - oost contribution of an increase in fuel Dated et Rockyh. Maryland. tha 21st day i
ogu.ysors.
change to the Technical Specification enrichment up to I weight percent U-235 Fee the Nuclear Regulatory Commission.
anaximum ennchment value was and irradiation limits of up to 80 GWD/ SennensC.34eck.
previously addressed by Amendment nfF are eisbar unchanged, se may in fact
{
Nos.16 and a and the Lavironmaatal be reduced from those ausenarisedin m, car,wpj cam,,pg. r.Diraion of *l A,eeserprojeca m/lF/v,05ce ofNuclear Assessment and Findm' s of Na Table EW as est forth in to Cm 41.51(c). AsocserAgpulerien.
I
{
Signincant Impact which was pubbebed naas Andings are applicable to the I
in the Federal Register on June 861880 changes associated with the extended PR Dec.es-13437 Filed Arr 02. 8 45 am) i (55 FR 3349{}.-
buroup anreviewed safe vestion for saaan eens sen.ews 2
3.eed/*'#"#'8edAetion the South Texas project, alts 1 and 1..
}
Delicensee has planned a length of Derefore the Commission concludes emC Moview of Ayooment State thu there are no significant radiological - Redissen Control Programa: Final i
456 eflective full power days (UPD) for or nonradiologicalenvironmental t
4 the current operating cycle for Unit 1 I
(Cycle 4). The increase in core average tapacts associated with the propowl GeneralStatement of Policy action.
aessocv: Nuclear Regulatory d scharse burnup is required to support De Notice of Consideration of Commission.
this cyde length.
Issuance of Amendments and ACTseet Final general statement of I
Environmento/ Impact of the Proposed Opportunity for Hearing in connection policy.
A#"
with this action was published in the The Commission has completed its Federal Register on March 4.1992 (57 FR suuntaav:The Nuclear Regulatory -
i esaluation of the proposed amendment. 07812)'
Commission is redsing its general statement of policy on " Guidelines for The proposed changes to the UFSAR Alternatives to theProposedAction NRC Review of Agreement State would permit fuel to be irradiated above Since the Commission concluded that Radiation Control programs." nis 33 gigamatt days per metric ton (CWD/
there are no significant ewironmental statement of policy informs the States MTJ but not to exceed 60 GWD/MT.The i
safety considerations associated with eHects ht would result from the and the public of the criteria and i
reactor operation with extended proposed action. any alternative with guidelines that the Commission intends trraiation have been evaluated by the equal or greater environmental impacts to use inits periodic evaluations of l
NRC staff.The staff has concluded that need not t>e evaluated.
Agreement State programs. Most of the such changes would not adversely affect The principal alternative would be to revisions are related to regulation of plant safety. ne proposed changes have deny the requested amendments. Die low. level redioactive weste i
j no adverse impact on the probability of would not reduce the endronmental management and disposal.
impacts of plant operation and would gacci en up may result in reduced operational flexibility. appsefrys safs:May 28,1992.
e ease g
g pon puerissa moonesafion cowfact:
l products that might be released in the Alternate Use ofitesourcee
- Ka thleen N. Schneider. OfGee of State even o a serious accident but such 1
sms anges wou sign scant y This action does not involve the use of "Q
- n. "
'8 affect the consequences of serious any resources not previously considered
$5.
TeleP onW1-.6062320' h
in the Final Environmental Statement for the types or amount of any ra&ologicalaccidents. No changes are being made in h South auemJassWTaM WPoettaficec On 4
i effluents that may be released offsite, dated August 1986 (NUREG-1271).
March 23.1990 (55 FR 10851) the NRC j
There is no s!snificant increase in the A enciesondprisonsContacted publishedin the FederalRegister allowsble ind vidual or cumulative proposed revisions toits General
]
occupationalradiation exposure.
The NRC staff reviewed the licensee's 5tatement of policy. " Guidelines for With resstd to potential request and did not consult other NRC Review of Agreement State i
montadiological impacts of extended agencies or persons.
. Radiation Control programs." Interested i
fuel bumup, the proposed changes Finding of No SigalAcastImpact persons were indled to submit wntten 1
involve systems located within the he Commission has determined not policy statement.he comment period comments on the proposed revised -
j restricted area, as de8aed in10 CIR to prepare an environmentalimpact expired May 22.1980.Fiheen written part 20.ney do not affect nonradiological plant e5loents and beve statement for the proposed amendments. comments were received. Aher redew Based upon the foregolag i
no other environmentalimpact.
environmental assessment. we soeclude. and evaluenon of the comments, th twaa" has concluded the mvialons j
ne environmental cts of that the proposed action will not have a een be published as a Analgeneral transportation resmittas the use of j
. higher enrichment and extended signincoat efect en the goality of the statement of policy.
human envireement.
De NRC revleien toits General 3
Arradiation are discussed in the stat For further details with sospect to this Statement of policy 'Cuidelines for NRC j
assessment entitled "NRC Assessmaat action eseIbe apphostles for Benase Review of Agreement State Radiation i
of the EnvironmentalEffects of amendments detod October 30,1991.
i j
Fuel Enrichment and irradiation" his Copies are evallable for inspection at Controlprograms"spectScally
"!)an p t tis or a ae ResultingfreinExtended addresses the review of State programs the Commission's public Document which regulate the disposal of low. level
+
assessment was publiahedin the Room. the Gelman
. 2130 L radioactive waste in permanent disposal
]
Federal Register on August 11.1988 (53 Street. NW., Washington, 30688, and facilities.ns revision also eddresses i
FR 30355) as corrected on August 24 at the localpublic document room j
1988 (53 FR 32322)la connection with located at the Wharton County Junior packagias. treatment, storage.
the Sheaton Harris Nuclear power plant.
processlag. and transportation oflow-
^
College. ). M. Hodges 14armlas Center.
levelradioactive waste.ne Anal i
1 l
ATTACHMENT 4 l
1
i
'. asas Faderal Register / W1. 87. Ns. 203 / Thirsday. Ney 23. tea 2 / N tices sddesse tekee his anmoent'abe Bree commenters addressed the responds to commenters geesticas by regulatory requirements of to CFR part med indicator for Quality of clarifylag that the 3 to e person-year i
el and the arr="aw= af States with Planalag. Illinois 1eggested level for LLW disposal site regulation l
low. level radioactive waste regulatory the present indacator had the flexibdity does notinclude b baneune sta5 for programs.De guidamos is considered to necessary and the proposed revision the basic RCP.h oud i
be nexible enough to be usedin the created ambiguity. De Comunission explanatory text to the staffing 1
teview of low level radioactive waste agrees and has dropped the proposed levels that would be see for mview J
d.sposal control programs which March 23.1930 revision.
as an example of a peak activity period predated to CFR part al.
One State sugested deleting the has been deleted, consistent with other l
Laht comments were received from proposed addjuon to the Budget decialons en leveld detan.
Agreement States, two from non.
ladacater en maintainimig adequate hree samments wem seceived A reement States, two from utilities and support for the RCP ut the hfe regarding h Trdning indicator. IHinois F
three comments from publicinterest cycle of b U.W die facility as
,, commended broadening h indicator groups. A copy of the comments and an manecessary. De Commission diaayees to state that Radiation Contro NRC staff summary and analysis of based an exponence where fundmg staff abould be efforded opporturdties comments are avadablein the NRC levels based on waste vohmes resulted for trsining that is consistent with the Public Document Room.
in unjustified loss of fundag and staff.
need of the am.%e Comminion i
Commenters on the Status and For the Management indicator, a also agrees this recommendation.
Cempatibdity of Regulations indicefor suggestion to add " health physice"as a Minorword changes medeinclude stated the view that compatibihty discipline for the Project Manager was should be interpreted to allow States to adopted but a suggestion to delete the deleting " timely" from the Contractual establish more restnctive standards.
Pro}ect Manager was not because of the Anaistanceindicator, replacement of the The Commission is considenne this lack of a designated project manager phrase " current regulatory guidance" l
1ssue as a separate matu r. This revision would hinder timely incensing season.
with the phrase " State licensing j
of the guidelmes eupplements and Illinois commented that the indicator requirements"in the Technical Quality attengthans the current guidehnes, and for Office Equipment and Support of Ucensing Actions indicator, and 4
although two States cpposed the Services be broadened toinclude a ddetion of" minimum approval j
nvisions the Commission concludes management system to organize and standards" from the Ucensing j
that they are needed now. Additional control the documents associated with Procedures changes. as appropris te. will be made to the licensms of all radioactive material De Comunission directed the staff to evaluate NRC's Lt.W program a$ains the guidelmes once the Comnussion and not fust low. level radioactive waste.
the proposed revisions. Althoug no makes a faal decision on the general ne Commission agrees with this matter of companbility.
comment.
changw in b guiddh wm Commenters raised the issue of the A comment advocating deletion of the recommended by the task force which authonty Agreement States have at the recommendation that States provide the d ted byd sQb 1
site of waste generation by persons in opportunity for hearings for maior LLW do t the task the State who are not Agreement State disposal site licensing acdons was not force findings abow the need to amend licensees.This issue is adequately adopted. Public involvement is the guidelines in one area in order to addressed in other criteria and in to important.ne Commission notes that grovide the States with the same CFR part 150. E.xcept as they relate to the nature of such hearings would be exW es sta!! plans fwitsd &
l confhet of interest issues, a ctivities dictated by State adsunistradve tatt fw eeindicatmlabwetwy stemming from the State's role as site procedures.
Support and Con 5rmatory developer, host State. compact member, A common concern among many Nessurements have been modilled to or land owner are outside the scope of commenters was the extent to which provide additional flexibility for accou 1
i this policy statement.These guidelines staff resources must be RCP staff anti to ncarediological tesung.
1 deal only with the State's regulatory when they may be outside the RCP. A la addition, se N=i= ton added a program under section 2N of the Atomic parenthetical addition to the l
'c arifying sentence to the indicator fw i
Energy Act.
Qualifications of Technical Staff and the staffmg level to indicate that the RCP
}
Many of the comrnects suggested existing language in the Contractual abould have et least two professionals j
additional flexibility or level of detsit Support indicator should help clarify available with trainlag and experience
)
With respect to flex 2bdety. the guidelines that there is extensive flexibility oo long to operate the RCPin a way which i
i are tust that. and judgment is to be used as the resources and espertise are Provides aantinuous coverage and 1
in their implementation. Further, many evallable.
continuity.nese two professionals of the indicators are expressed in terms The Stallieslevelladicatorwas one evallable to aparate RCP abould not be of "should" to emphasize Seanbility. it is of the more controversaal.Two States supervisory or management personnel.
j alwsys a challenger to eshieve the expressed the view that the nature of Guidelines See NRC Reelow of proper mix between performance the operations and the alte could result Ayeement State Restseen Centrol objectives and details in any such in an adequate lesser stafBag level than Pteyamaasst document and the dodeien is,in the the baseline of 3 to 4 F "- "
i final analysis, s lodgment call With technita: person. years proposed. no j
respect to specific Sexibility concerns Comanesien that there smay be SectiesIN etthe Atomic Energy Act raised by the commenters and such cases has addedlangua was enacted by the in 1959 to consider alte activities on a case.ge to 1
ausgestions offered but not adopted as secognise the incessets o the States in i
too prescriptive. procedural, or outside speaSc basis.De Comalasion also atomic anmEy, to clanfy the see tive j
the scope of the State's authority or agrees with commenters that more than responsibilites of State and Fe al responsibdity as an Agreement State, a baseline of 3 to 4 may be neededin Goveenments, and to provide a see the dataded staff analysis,whichla some cases. but views the language as mechaniam foe State to enter into formal available in the NRC Public Document sufBciently Sexible to address higher speements with the Atomic Energy i
Room.
levels. A parenthetical addisdan also h==aw (AEQ, and letar the 4
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Federal h / Vcl. 57. No.103 / Thursday. May i
i 28.1932/ N:tices 22497 e
Neanser tary Causeission (NRC). knctions within the program element, adequate compliance program are (1) under w the States assume (c) guidshnes which dehaasta spechne
(
regulatory authority over by-product, objectives or operational goals under the senduct of onsite inspect 6ons of I
souxe and small quantities of special each indicator.
licanase activities. (2) the perionr.ance i
muclear matedals, collectfvely referred of these inspections by competent ataff.
to as agreement materials.De Cotspories efladicolore and (3) the taking of appropriate 1
ecchanism by which the NRC The indicators listed in this document enforcement acuans. Another very disconunues and the Bestes assume cover a wide range ofprogram important factoris b ability to plan regulatory authority over agreement functions, both technical and for respond effecdvely to. and materials is an Agreement between the administrouve. it abould be roossaised inveeugste radiation incidents.
Governor of a State and the that the indicators, and the guidshnas Category" T-tialTechnicaland i
Commission.Befem enteringinto an under each ladicator, are not of equal Administrative Support. Category II i
Agreement. the Governor is required to importance in terms of the fum=tal ladicators (and the Program Lements of L
i certify that the State has a ngulatory goal of a radiation control program. La, which bey am a part)are:
program that is adequate to protect the protocuan of the public health and
. Imcation of Radiation Control i
public hesith and safety. In addition, the safety. Derefore, the indicators are Program Within State Organization.
l Commitsion must perform an independent evaluation and make a categorisedin terms of theirimportance (Organisadon) i to the fundamental goal of protecting the
. Internal Orgenlaation of Radia tion
{
findmg thet the State's program is public health and safety. Two categoriae Control Program. (Organization) a adequate from the health sad safety are used.
- Imgal Assistance. (Organization)
A standpoint and compatible with the Category 3--Direct Bearing on Heal ^
. Technical Advisory Committees.
Comcassion's regu! story program.
and Safety. Category !!ndicators (and Wanization)
Cunent Guidelines he Program Lements of which they am
.* Contmetual Assicance.
(Organisation)
In 19e1, the Commission published a Authority (Legislation and iftreti makr revision of the guide for review of Regulations)
A Agnement State programs (who earlier
- Status and Compatibility of
- Labweto
"",0 f" n Suppet. (Management j
tevisions reflected prunanly minor and Regulations (1431slation and
""3 I
editorial changes).These Guidelines Regulations)
Procedures.
constitute Commissien policy in the formof a document entitled" Guidelines
- Quality of LnergencyPlanning (Management and Administration]
i for NRC Review of Agreement State (Management and Administration)
- Management. (Management and 1
- TechnicalQualit j
Redistion Control Programs." This Actions (Licensing) y of Licensing Administration)
- Office Equfpment and Support document provides guidance for
- Adequacy of Product Evaluations Services. (Management and 4
evaluation of operating Agreement State (Licensing)
Adendstration) programs based en over 20 years of
- Status oflaspection Program
- PublicInformation.(Management combined AEC-NRC experience in (Compliance) and Administration) i administenng the Agnement State
- Inspectors'Perfonnanc(Compliance)* Qualifications of Technical Staff.
l e laspection Frequency i
program. In 1985. Commission staff i
e and (personnel) i initiated minor updating, clarifying and editorial changes reflecting the Capability (Compliance)
- Sta!!!ngIsvel.(personnel) i
- Response to Actual and Alleged
- Training.(personn(el)* Staff Su cxperience gained Mth the 1981 policy Incidents (Compliance)dures t
i~
statement. Nse changes were
- Enforcement Proce promoigated in June 1987.
(Compliance)
- Staff Continuity.(Personnel)
- Licensing Procedures.(IJcensing) i In 1988, the Commission staffinitiated These indicatore addrus primary
- Inspecuon Procedures.-
I wvisions to the Review Guidelines to program functions which dimetly relate (Compliance)
I improve reviews of State regulatory to the State's ability to protect the public I
radioactive weste.The revised health and safety.lf signiBoant
- Inspec6cn Reports. (Compliance) programs for the disposal oflow.levd 4
- ConfirmatoryMeasurements.
problems axist in one or more Category 1 (Compliance) document will be used by NRCinits indicator areas, then the need for 4
review of those State programs which improvements may be critical Doesladicators address program i
regulate the disposal oflow. level
!agislation and regulations together functions whis pmvide essennal redioactive weste in permanent disposal form the foundation for the entire technical and administrative support for facilities. It will also to esed to the program funcuona. Good a establishing the V w.ifor strengthen the review of State programs the and onespliance program.
or these indicators is essentialin order onaancela meeting the guidehnes which regulate otheraspecie of N
review oflicense redioective waste==ag==-e such as applications is the initial step in theto avoid the development of problems in j
packaging. treatment, storage and regulatory prooses.h evalenties of functions.ia.thoes that fall ander one or more of the primary program 1
transportation.
De " Guidelines' oostals als sectioma, applicant q==hne=tleas. lecilities. Categorylladicators. Category II each dealing with one of the essential t and procedures by the ladicotore tly osa be used to elementa of a radiation controlprogram tory agencyis sesential to amoure idamufy ytag problems that are (RO) which ars ' - '% and of the pubbe frem sediaties causlag, or sostributes to, difficulties in assoaisted with the proposed Categorylladiostors.
1 Reguladons.Organisation.$'-- ;f nt activities. Assuring that hommeses fulfill j
and Adadnistrauon. Personnel.
the commitments modeinIbetr it is the NRC's intention to use these.
Licensing and Compliance. Each section contains (a) a summary of the general applications and that they observe the setsgeries la the following usanner. in j
algnificanos of the program element.(b) requirements set forth bi the segulations reporting Sadia the NRC wiD ma'cate the estegory of Andicators which address specific are the objectives of the comphemos med===-t made. lf me elsnificant 4
program.De senestial elements of an Categoryleemments areprovided this d
I 4
i
(--
i ;
33ess Federal Register / Vcl. 57. N3.103 / Thursday. May 28, 1902 / Nstic;s
)
i willindicate abat the peepam is unatter of judgment on the part of the low level waste are specined j
adequate es protect the public health licensing stafi. De success of a State within the individua. psogram elements.
j and safety and is compatible with the program in meeting the overall objective j
NRC's program. If one or more of the indic&rar does not depend on Program Element:!agislation and j
signincant Category I comments are liberal adherence to each recommended Regulatim provided, the State will be notified that guideline.
De effectiveness of any State the program denciencies may sonously De " Guidelines for NRC Review of radiation control
~ (RCP)la l
1 affect the State's ability to protect the Agreement State Radsstion Control dependent upon underlying authority public health and safety and that the Programs" will be used by the NRC staff granted the ACP in State legislation. and need for improvement in particular during its oasite reviews of Agreement implemented la the State regulations.
program areas is critical.ne NRC State programs. At least once each year. Regulations provide the foundation upon would request an immediate response.
there will be onsite communication which heenslag.laspection. and If. following receipt and evaluation, the between the NRC staff and each State enforossent decisions are made.
State's response appears satisfactory in either as a result of a routine review or a Regulations also provide the standards l
i addressing the significant Category I review site visit. A routine review is e anc rules by which thelicensee must i
comments,the staff may offer findings total assessment of each Agreement operate. Periodic revisions are t
i of adequecy and compatibility as State program and is conducted at least - necessary to resect changing i
i appropriate or defer such offering until biennially. A review visit is a trip to the technology, improved knowledge, i
i the State's actions are examined and Agreement State to assess the State current madations by technical
(
their effectiveness confirmed in a bregram. Additional contacts may alsoadvisory and consistency with i
subsequentreview.1f ac&tional made through special or follow-up NRC ations. procedures for
{
}
information is needed to evaluate the reviews.
providing input to the NRC on proposed State's actions, the steff may request the in making a finding of adequacy, the changes to NRC regulations are information through follow-up NRC considers areas of the State necesury to assure consideration of the i
correspondence or perform a follow-up program which are critical to protection State's interests and requirements The j
i i
or special. limited review. NRC staff of the public health and safety.For public and in particular, affected
{
may hold a special meeting with example, a State that is not carrying out classes of boensees should be granted 1
appropriate State representatives. No its inspection program or fails to the opportunit respond :o significant radiological rule changes. y and time to comment o i
significant items will be left unresolved cret a prolonged period.lf the State incidents would not be considered to Indicciars andGuidelines i
j program does not improve or af have a program adekety. Basic radiation uste to protect the
{
additional significant Category 1 public health and sa Ingal Authority (CategoryI) deficiencies have developed. a staff protection standards, such as exposure
- Clear statutory authority should j
finding that the program is not adequate hmits, also directly affect the State's i
will be considered and the NRC may ability to protect public bealth and exist. designating a State radiation j
institute proceedings to suspend or safety.ne NRC feels that it is controlagency and providing for l
revoke allorpart of the Agreementin important to strive for a high degree of promulgation of regulations heensing.
secordance with Section Uy of the Act.
The Commission will be informed of the uniformity in technical definitions and inspection and enforcement.
- States regulating uranium or results of the renews of thein&vidual terminology, particularly as related to thorium recovery and associated wastes units of measurement and radiation Agreement State programs and copies of dose. Maximum permissible doses and pursuant to the Uranium Mill Tallings the review correspondence to the States Radiation Control Act of tr/g wi!! be placed in the NRC public levels of radiation and concentrations of (UMTRCA) must have statu radioactivity in unrestricted areas as to establish clear authority for the State i
Docurnent Room.
specifiedin to CFR part so are to carry out the requirements of j
Category D comments concern considered to be important enough to UMfRCA.
j functions and activities which support require States to be euentially
. States regulating the dispesal of the State program'and therefore would equivalent in this area in order to low.levelradioactive waste in i
f not be critical to the State's ability to protect public health and safety. Certain permansat disposal facilities must ha ve i
protect the public.The State will be ures. such as those involving the statutes that provide authority for the asked to respond to these comments and ing of products containing lesuence of regulations for low-level 1
the State's actions will be evaluated radioactive materialintended for,
during the next regular proyam review. laterstate commerce, also require a high statutes should waste manag====t and disposal. The it should be recognised abat the doyee of unifonalty.lf no serious.
program authority and provide for a l
categorisation pertains to the performance problems are foundin an system of checks to d==aactrote that sigruficance of the oveseB indicator and Ayooment Stats proyam andifits confhets ofinterest between the j
i not to each of the guidelines within that standards and program procedures are regulatory function and the development i
indicator.For example," Technical esapatible with the NRC program, e and operationalfunctions shallnot i
Quality of1Joensing Actions"is a name, of adeguscy and compatibility is occur.:
categoryIindicator.De review of made.
license applications for the purpose of it abould be noted that the estagories Sta es and Compa% of Regulations
~
i evaluating the applicant's quahficationsc ofindicatore, and the significance I
'888'y 4 i
facilities. equipment, and procedures is thereof, apply equally to the regulation
- De State must have ations i
essential to assuring that the public of uranium and aborium recovery and essentiallyidentical to to part 19.
?
health and safety is be protected.
associated wastes: low level redsonctive part so (radiation dose standards.
One of the guidelines r this waste management: as wellas the efDuent limits, waste manifest rule and indicator concerns prelicensing visits.
overall radiation control propas. Any l
The need for such visits depends on the differences la the guidelines for review l
r.ature of the specifle case and is a of uranium milltailings programs or she=W be aswomed air seah s== amently.
qi t, : r, masle4 essaw esene.e4 l
l
,__-_,,,_-_.__._,,m,_%
,, _..,,m.m
,,,_.,,y,,..,,,,m.,.-.m._wn... _,,
1 Fedese! Regleter / Vol. 57. No.103 / Thursday h4ay 28.1982 / Notices 22499 '
certala ether parts), part et (todmical lines of communication and dennitions and requirements, administrative control between these Premdures to provide feedback to j
performance objectives.Raancial offices and the central of5ce (Program
- superviolos em states and activities of i
the RCP are moossaary. Adequate assurances)and those required by Director) should be clearly drawn to fadhties, egalpment and support 3
LWTRCA. se implemented by part 40, provide uniformitylalicenstes and services are needed is.' opumum
- Re State should tonber taspection policies, procedures and stiksation of personne! resources.
}
regulations to maintain a degree of supervision.
l uruformity with NRC regulations.
Laboretory seppert services abould be -
f
- For those regulations deemed a tagal Assistance (Ca'88"Y E) adadalstered by the RCPer be readily matter of compatibility by NRC, State
- 1egalstaNshould be aselgaed to evallable thnnah established i
t regulations should be amended as soon seeist the RCP or procedures should.
administrative procedures, as practicable but no later than 3 years. exist to obtain legaleasistance In order to meet program goals, a
- Re RCPhas established
amendments to State regulations in a program, statutes, and segulations.
must provide adequate funds for i
i timely manner, normally within 3 yeen of adoption by NRC.
Technical Advisory Comunittees anlaries, travel easts associated with the -i comphanos proyam. laborotory and i
- Opportunity should be provided for (Category E) -
survey lastrumentation and other i
the public to comment on proposed
- Tdudd Mm Fedwal
- I"'""
'" **dh
P dministre'tive costa."N rogram i
regulation changes (Required by Agencies and other resource a
6 UhffRCA for uranium mill regulation.)
organlaations abould be used to estand - budget most reDect annua changes in i
- Pursuant to the terms of the staff capabmt as for unique or 6e neber ud compledt appbcebe ud Beemes.y d Agreement. opportunity should be 8'
d'd,',"g ud b pro firIf c5 esi increase in costs des to normalinGation.
Committee should be used to aee ons.
Program Element: Organisation broad guidance on the uses Indicoaore andCuhfelines e-redioactive drugs la or ce humans.%e
[logoryI) -y MEmersucyPleanlag i
i
%e effectiveness of any State RCP Ccamittee should represent a wide I
may be dependent upon its location spectrum of medical disciplines.De
- Re State RCP should have a within the overell State organisational Committee abould advise the RCP on.
i structure.W RCP should be in a Policy matters and regulations related to? written plan in response to incidents at!
4 position to compete effectively with use of radioisotopes in or on humans.
Baensee facilities which takesinto other health and safety programs for
- Procedures should be developed to eccount such incidents es spills.
~
budget and suff. program management avoid coalbct ofinterest. even though. overexposeres, tion accidents.
i must have access to individuals or Committees are advisory.nis does not 1 Se orexplosion the etc.
i groups which establish health and mean that representatives of the
- h plan abould define the safety program priorities.%e RCP regulated community should not serve responsibilities and actions to be taken' t
should be organized to achieve a high on advisory committees or not be used by State apacies.%e plan should be degree of e!!iciency in espervision, work as consultants.
speel$c he to persons responsible for _
j functions. and communicetions.
laitiating response actions, conducting r m ! Assistemos (Catsgery R) 8perations and cleanup.
l Jadicaron andGuidelines
- Becauseof thedivoral and communication.
location of Radiation Control Program, QI'Effy oflow levelre Within State Organisation (Category E)
U 8"I blis with a 1.
9 gg,,
,'"' county. and State spacles. Plans should
+
- De RCP should belocatedla a level weetsin permanent be estribowd to appropriam persons State organisation parallel with disposal sheeldbeney and agencies.NRC should be prodded i
compareble health and safety programs.
The program Director abound have proceduresand a
jayleesgo, the opportual to comment on the plan access to appropriate levels of State acquisities 'ef technical and weedse whileladrah one, management.
services noosemary to these
- De plan should be nrviewed
- W here.
faneeless that are not o
~
annually by Preyan staf far adequecy are divided be._'
. Slots ogsmales.#W' available within the RCP.
and to detenmine that content is current.
l tween
- Re RCpabeeld eveld the selection Periodic drills should be performed to clear understanemy obeeldeslot as to. of which have been selected test the plan.
j divielen of;-
seguirementsIor esor% andemto services assodated with the 3
dineden.
i fes% deeelopment eroperations. Budyt(Cowpey 5) ar,termaiorganasoon of.a.
,t.y
.e.e.o.anagement and o-c--iao -Icagwr =>
Adai-as
,e2:7",=an as*ed, ouc,, :,ta
-id 6.
- De RCPabould be organised with State RCP manag===* must be able e5ective===rh=a= preyan, lacluding comen,, to.e -act of an the view towerd achieving as to meet proyen goals through streeg, acceptable deyse of starr efficiency, directleadership at aulevels of restine==paeala== follow.op or special n
place appropriate emphasis on major program functions, and prov6de specinc sp' 'r Adselaistrative precedures laspections (nacinding pro. licensing visite), and responses to incidents and itnes of supervision from program are noosenery to aoeure uniform and.
other emergencies,lastrumentation and management for the emacution of appropriate treatenent of allsegulated other egulpment le support the RCp, propam policy.
parties. Procedures forsuostving administrative emets in operettas se
- Where regional otBose er other laformation en seeologicallealdents.
program lacinding rental charges.
government agencies are stilised, the essergencyrespeace,and provines printing anots, inborotory serv 6 era.
taformation to the public are necessary. semputerand/or word promossnes t
)
3
i j
22500 Federal Register i Vd. 57. N2.103 / Thursday. May 28.1992/ N:tices cupport. preparation of oserespondence Management (Category DJ Publicinformation(Category U) office equipment, bearing costa, etc., as
- Program management should
- Inspection and licensing files should
^
cpprepriate. States regulating the receive Periodic reports from the staff be available to the public consistent disposal of low-level radioactive waste on the status of regulatory actions with State administrative procedures. It l
facihties should have adequate (bacMoss.problein casn. inquiriu.
is desirable.however, that there be budgetary resources to allow for regulation revisions).
provisions for protecting from public 2
changes in fundmg needs during the
- RCP management should disclosure proprietary information and 11W facilitylife cycle. After Periodically assess workload trends, information of a clearly persona! nature.
appropriations, the sources of program fun 6ng should be stable and protected resources and changes in legislative and
- Opportunity for public hearings from competition from or invasion by segulatory responsibilities to forecast should be provided in accordance with needs for increased staff. equipment.
UMTRCA and applicable State i
other State programs.
s>ervices and funding.
administrative procedure laws during
- Pnncipal operating funds should be from sources which prende contmuity
- Program management should the process of melorlicensing actions associated with UMTRCA and low-les el and reliability. i.e. general tax. license perform reviews of selected licena, fees. etc. Supplemental funds may be cases handled by each reviewer and radioactive waste la permanent disposal I
document the results. Complex licenses facilities.
(maior manufacturers. Iow-level Program Element: Personnel obtamed through contracts cash grants, etc.
radioactive waste disposal facilities.
The RCP must be staffed with a l
Laboratory Support (Category U) large scope Type A Broad, potential for aufficient number of trained personnel.
- The RCP should have laboratory significant releases to the emironment) The evaluation of license applications support capabibty in house. or readdy should receive second party review and the conduct of inspections require i
as anlable through established f supervisory, committee, consultant).
l mredures.to conduct bioassays Supervisory review ofinspections, staff with in-depth training and, i
.!yce environmental samples. analyze reports and enforcement actions shall experience in radiation protection and i
samples collected by inspectors. etc. on also be performed.
related subjects. In addition. in States
I"I* ting low-level radioactive waste i
a pnonty established by the RCp.
- For the implementation of very facihties the RCP should be staffed with
. In add tion. States regulatmg the complex licensing actions, such as initial individuals with training and experience j
license review. license renewals and I
d:sposal oflow-level radioactive waste in engineering. earth science, and
)
I f acihties in permanent disposal facihties licensing actions associated with a low-environmental science.The staff must l
i should hase access to laboratory leve! radioactive waste disposal facility, be adequate in number to assure J
support for rad:ological and non-there should be an overall Project beensing. inspection, and enforcement j
radiological anal > ses associated with Manager responsible for the actions of appropriate quality to assure the hcensing and regulation of low-level coordination and compilation of the protection of the public health and I
waste disposal. including soils testing.
diverse technical reviews necessary for safepnodic training of existing staff testing of environmental media, testing the completion of the licensing action.
is necessary to maintain capabilities in a
I cf engineenng properties of waste The Project Manager should have a rapidly changing technological i
pacitages and waste fo-ms. and testing training or experience in one or more of ennronment. Program management of other engineering materials used in the main disciplines related to the personnel must be qualified to exercise the d sposal oflow level radioactis e technical reviews which the Project
- dequate supervision in all aspects of a r
I waste. Access to laboratory support Manager wi!! be coordinating such as State radiation control program.
chould be available on an as needed-health physics engineerir.g. earth science or em-ironmental science.
Indicotors andGuide#nes basis for nonradiological analyses ta confirm licensees' and applicants'
- When regional offices or other Quahfications of TechnicalStaff programs and conditions for government agencies are utilized.
$stegg m I
eonradiological testmg should be program management should conduct prescribed in plans or procedures.
Periodic audits of tlwee offices.
- Professional staff should have i
Administrative Procedures (Category II) ce Equipment and Support Services fy's and e
s I
'8 N
Additional training and experience in i
- The RCP abould establish written internal policy and administrative
- 'the RCP should have adequate.
radiation protection for senior personnel 4
procedures to assure that preyam escretarial and clerical support..
including the director of the radiation l
functions are carried out as reestred and Automatic typing and Automatic Data protection program should be 1
to provide a high degree of miformity Processing and retrieval capability commensurate with the type oflicenses
- -? continuity la regulatory practices.
ebould be available to larger (greater lesued and inspected by the State. For 1
.e procedures should address than 30H00 licenses) programs. Similar States regulating uranham mills ar.d mi!!
.mernal procening oflicense services abould be available to regional tailings. etaff training and experience j
spplications. Inspection policies, officea,if utill ed.
should also include hydrology, geology.
decommissioning andlicense
- $4stes abould have a license and structural engineering.* For termmation, fee collection. contacts with docament management system that is Programs which regulate the disposal of i
communication media, conflict of capable of organizing the volume sow-levelradioactive waste in interest policies for employees.
diversity of materials associated with pennanent facilities, staff training and cschange-of information and other licensing and inspection of radioactive experience shouldinclude civil or functions required of the program.
materials.
'Addanner embsw d.dmseeniem
- 8" C****" g8***d *C
- D*""***"
Administrative procedures are in
- Profeslocallicensing inspection.
cddition to the technical procedures and enforcement staff should not be tihz ceasing. and inspection and used for fu collection and other clerical DN7M"*h^"$$'rd i
duties.
aussa. sad es rm seem
Fedssal Register / Vol S7. Ns. Ses / Huraday, b4ay as 1983 / N:tices 32501-mechamien! --(' 3 Jhaining(Category E) these elements meet current regulatory hydrology,an other men - and envuonmental science.In both types of
- Senior personnelshould have guidance for describing the isotopes and materials.esaff training and experience attended NRC core sourses in licensing quantlues to be used, quali$ cations of i
guidelines apply to available contractors erknudon. laspecdon procedwes, persons who wul use material, facuitin and resources in State agentnes etbar medicalprec6ces and ladustrial and equipment and opereting and i
than the RCP.
udmsraphy proctices.
emergency procedures suficient to
- b RCP should have a la estabheb the basis forlicensing actions.
- Written job descriptions should be utilise specific short courses Additionally. in States which regulate prepared so that professional workshops to maintain an appropriate the disposal of low-level radioactive qualifications needed to Bil vscancies levd of staf technicalcompetence in weste in poemanent disposal facihties.
can be readily identifwd.
amas of changins technology.
the RG should assure that essential I
Stafhnglevel(Categoryli)
- The RCPstaNshould be afforded elements of waste disposal applications opportunities for training that is meet State beensing requirements for
- Professional staffing level should be consistent with the needs of the weste product and voluma, j
approximately 2-1.5 person. years pw
- program.
qualiScotions of personnel facihties and l
Nk{nhq li]f{and ess sn o e
g Staf Continuity (Cotagory B) j as ailable with trainma and experience
- Staff turnover should be minimused ures.
i assurances, closum and
)
to operate the RCpin a way which by combinetions of opportunities for decommissioning procedures and provides continuous coverage and training. promotions, and competitive institutional arrangements in a manner 1
3 continuity.The two professionals salaries.
aui!able to operate the RCP should not
- Salarylevels should be adequate to sufficient to establish a basis for s
l be supervisory or management recruit and retain persons of appropriate licensing action. Licensing activities should be adequatel documented persennel.
professional qualifications. Salaries including safety evafustion reports.
- For States regulating uranium mi!!s should be comparable to similar i
j and mill taihngs. current indications are employment in the geographical area.
product emiShe w similu i
that 2.215 peciessional person. years of
- The RCP organisation structure documentation of the license review and e
i effort, including consultants, are needed should be such that staff turnoveris 8ppmval procus.
1 to pracess a new milllicense (including minimized and program continuity
- prelicensing visits should be made i
in situ mills) or major renewal, to meet maintained through opportunities for for complex and major licensing actions.
{
j requirements of Uranium MillTailings promotion. promotion opportunities
- IJcenses should be clear, complete.
Rad:stion Control Act of1378.
should exist from junior level to senior. and accurate as to isotopea, forms.
l
- States which regulate the disposal level or supervisory positions.There quantities, authorised uses, and of low. level radioactive waste b.
also should be.y
.MJty for periodic permissive or restrictive conditions..
permanent disposal facilities should salary increases c,ompatible with
- De RCp should have procedures allow a baseline RCP staff effort of S-4 experience and responsibility.
for reviewing licenses prior to renewal t
{
professional technical person. years (in addition to the two professionals for the program Element. Licensing to assure that supporting information in the file reflects the current scope of the i
basic RCP indicated in the first be!!st of it is necessary in licensing by-product. licensed program.
this indica tor). However. in some cases, source, and special nuclear materials 4
the level of site activity may be such that the state regulatory agency obtain.. Adequacy of product Evaluations that a lowerlevelis adequate.
Information about the use of (CategoryI)
~
particularly if contractor support is on nuclear materials, fa ~ ties arid call. In any event, staff resources should equipment, training and experience of
- RCP evalueLions of manufacturers be adequate to conduct inspecnons on a personnel, and operating procedures a distibuw's data on sealed sources routine basis durmg operations of the appropriate for set that the
. and devices outlined in NRC, State or~
LLW facility. includ og inspection of applicant can to safe y andin appropriate ANSI Guides should be
_*Wa shipments and licensee site compliance wi the regulations and sufBcient to assure lategrity and safety i
activities and to respond to emergencies hensee conditions. An acceptable g **"-
associated with the site.During periode licensing program includes: preparation a noRCpabouldreview l
of peak activity addidonalstaff or and use a laternal heensing guides and manufactury's information in labels and 1
specialty consultants abeeld be policy memoranda to aoeure technical bachms misung to radiadon health i
available on a timag beels.
98*18ty in the licensing program (when and safety, assay, and calibution 1
a te. such as in small procedures for adequacy.
j Staff Supervision (Category B)
C maybe used) tion
- Approval da===a** for sealed a
. supervisorypensenet should be andr-tinspection ofcomplex esmos erdev6os designs should be sdequate to provide guidance and factDties (e,s., waste disposal sites..
olear,semplete and accurete as to review the work of senior and Junior mais,irrediaters, etc.) and the lootopes, forms guanuties, mees.
)
personnel.
tapismesteden af administrative drawing idoneBastions and permissive.
- Senior personnel abould review procedures to aneure denomentanon and er metractive senditions.
applications andinspectlicenses maintain adequate Blas and records.
- Approvaldocuments forradioactive j
independently. monitor work of junior lasficosers omf GWdsEnw weste packages, solidtScotion and personnel,and participate in the stabilisaden media, or other vendor establishment of policy.
Technical Quality of N=aalag Actions, used to treat radioactive waste
- Junior personnel should be initially (Category I)-
limited to reviewing license applications
- The RCp abound essere that..
disposalabould be complete and i
aosurate as to the use, capabilities.
and "- <= small progrens under
- essential ata===ats of applicanons beve limitations, and site speciBe restrictions 1
slose supervision.
been onbenitted to the agency, and that.easociated with each product.
j i
i
- ~ _, _ _, _., _ _.. _... _., - _ _.... _.
a s
223s2
. Fedmont Redssar / Vol 57. No.103 / nareday. May 28, teu / Notamms I
Lemiehg pseauduses l Category E) licensee compliance with State low-level==aa-ttes masas skeposal
- De RCP sheend heve Inemog Ngulauons and Heense candidans &
leh a WadM team l
p4 des chedaet, and poli inspection program in all Stetse should approod to desirable e assure a
[i
- nde conhnt with cwnnt provide for the inspection oflicansee's complete onmphance assessment.
FRC ractica.
waste generadon activities under the e ne compusace aspernaar (may be l
- In States whid regulate the State's turisdiction.
RCP manager) should conduct annual i
aspoul of now4evel radioectrve weste
- In States which readate the 8 eld evaluauona of nch inspector to i
in permarmt durposal fachtas, the RCP dnpoul dlow. lent radmacun waste assess perimmance and assen i
should have prog arn speczfnc he='rming in Permanent disposal facDiues, the RCP application of approprsete and I
pides. plans and procedures for hommee should include provialons for pr*-
conaseant pohcias and guadas.
reuew and pobey memorends which
- 'y* **," *g* h Response to Actual and ADeged g
i relate to specfic aspects of wesw incidents (Catepry 11 inspections shod cover aD pLam V ;eWEx,';'at"
~ ~nuw m m m ~ !-
m-~s s~ - s ~ de teP ris. Pmdet ceruScatiocs.or madar of the inspection and be perfonned to evalsate the need for onsite documentation of license review ag independently of any resident inspector inveeugations, arogram.In artMan kapaa== shodd Onsits teessaytsons shodd be
.been pIcants (mdud:ng d on a raune Wa dudng prompey made ofincidam mqmnne c
applicants for renenals) shoJd be
- OP*#8 h" d 68 F-mporung to the Agency in nees than 30 including inspection of 17^m i""
days. (to Cnt 2:1403 typeAl R,:uded, copies of appucab:e guides oh,pmenis sa bcensee sue acuwaas.
l Spr a co ance atatus of RG dould mabtain stausucs
.. ro, 6osein.dem,,,,,, qui,in, Lcensees shodd be considered in which an adequate to putnit Program reporting to the Agency in less than 30 Icemma aedons.
Manage: cent to asssas the status of the days, investigations should be made
+ Under the NR Exchange of.
Inspection program on a periodic basis.
during the next scheduled inspecs>on.
Information preg am. es alcatian sheets. inimaton showing de numbu d Onsite invastagstions should be 6
aernce licenses. and licenses inspections coeducted. the number prompdy made of man-reportable authenzmg istnbution to general overdue, the length of time overdue and inddents which may be of sign: Scant 9
licensees sheuld be :bmitted to NRC the pnority categories should be readily pubhc laurest and concern, a4 tm p un h m.
en a t.mely besis.
+ Standard beense conditions ast semiannualinspection e investigations abauld indade k.
temparable with cment NRC standard E ***I"I N"d h' d* f #
'""*b" depth reviews of dre =*scea and should be cosm'eted on a h!gh priority Lcense condinons should be used to f,,i" E,' %
td basis. When a mpriate. invertagauans m
expedite and provide muformity in the b*"8 P*C# ***
essignments to regions. identification of should include reenactments and nme.
-)
- Files shodd be maintained m an special neede and eriodic :tatus study maaswamenta (normaDy wittun a orderly fashion to allow fast. aocurate Wh n b 6
few days). lovestigadan (or inspection) retrinal of mfortnation aad progra$i should
$nplement 8
dN documentatien of discussions and visits. a plan to redace the backlog. N plan 8PProprism.' "'"*" N'"
I should identify prianties for inspections Pregram Element. Comphanz and estabhsh target dates and
- Ssate bcsames and the NRC should
- perioic inspections of beansed mijutonas gor assassing progress.
be nott$ed of pertinent information J
about any incident whid emuld be ations are essental to suae that inspection Progeency (Category 0 nlevant to other licensed operations
,.;teties are being conducted in comp!icace w:6 regulatory
- ne RCp should establ.ish an (84 88P8fpment fai!sts, improper g
m e
opermang procedM requirements and conststest with good safety practces. The frequency of frequency ofinepections should be a laformadon on hddene invohatng inspectens depends on the amount and based upon the potential hasards of failure of eqatpment should be prodded the kmd of metenal. the type of licensed opersuons, e4 major to the spacy responsible for entuseon a
cperatica licensed. and the reemits of procewors, and industdal.radlagraphers of the devise for as assomment of I
FN#8 in8P*cb n8 h tePobsby of should be inspected approxhnetely Possible peeric design deficiency.
anammW end % undsW
. annua!!y. SmaDer or less basardoas
- The RCP ehould bew access to 4
data on the status of the consplismos operations may be laspected leu medied consultants when needed to d
Mm inecun
dispou or treet rediadon Islurtes. W 4
program is necesaary.N ngaletary ogency must hen es ascessary lupi frequency. Including Inf ual laspecdons, RCP should see other =^aW1 s
authonty for proscpt emier=====r ofits should be no leu than the NRC system. consultants for special problems when
. seeded.
eeplauces.The may indeds, as inspectors
- Pedermanas and Capahihty appropriata. adr=a'=trence remadsen.
(Category I)
Enforcement Procedures [ Category Q crders requiring carrecarve sehen.
cuspension or revosaten of br=a== th'
- Inspectors abanid be competent to
- Enforcement Procedures abould be
'""-= af matanals ud th*
evehrste beslth and safety problesas and sufBcient to a sabotantial imposing c2 cini or crummal penal les.
to determdne courpunnes with State deterrent es manosephance regulations. Inspectors must writh sayulatory regelruments. ProvMens indiccaers andCorsfehnes demonstrete to supervision an for the sevytag of moneenry penaksen are Status ofInspecuan Program (Catasary understantilas of royalstions, hopection recommended.
U pides, and policies prior to
- Em8aro mssat
- lettes independeady candsetag Amepocalems.
abeeld be losesd withia 30 days
- Ssete ACp should maintain as
- ser the 'a=r==
a of complac followtng inspections and shnend
. inspection progress adequeas to eeneas -bceased acWvenes sock as p--====e
- employ appropriate regulassey langense d
ena.
-(f; Federal Register / Vel Sr. No. tas / Dursday. May as 1982 / Natioes assos
.is.dy an amms of so nesemensomentandno.asw.
per ih. n masar a i.i-y ce==i..i.a.
- and health and safety suspense.
- asammil. cia.
m atters t18edduringthelasp cuan
- Report abould uniformly and asowswye/she camsussion.
f and refemocing tbs appropriate adequately document the swult of pm Dec es-sasas yined s-ar-se; mas am]
segulation sebasese condition being gaspedoms tachading contrastery
-aume esas unww viole*ed.
measurements, status of previous i
- Enforcementletters abould specifF someomphanw and en aron d&e the tune period for the bonneee is respond indicating aiorrective ecdons
%.spreyan w Wch reasive
- - * * * * * " - - - - -~
and actions taken to prevent recurrence special attest 6am at the next laspecesa.
(normally 2ND days).M inspector Repork aWd simw 6e shhs M and compliance supervisor abould previous noncompEance and the results I
g,,,g i
revww licensee responses.
g, g,,,,,,*
i
- IJeensee msponses to enforcement 3etters should be promptly Canarmatory Measurements (Category acknowledged as to adequacy and g}
1 vuolution of predously unresolved i
Atems
- Comamotory measurements abould i
i
- Written procedures should exist for be sufBelentin number and type to 1
l i
handling escalated enforcement cases of ensum the hoensw's control of l
varying degrees.
materials and to validate the Beenue's
- Impoundmg of material should be in mepurements. In States which regulate i
accordance with State admastrative the disposal oflow level radioactive procedures.
weste in permanent disposal facilities, i
- Opportunity fo hearmas should be access to testing abould be avattable on 1
provided to aosure impartial an "as needed" basis for confirming l
administrative of the radiation control licensees
- and applicants' programs for prog am.
measurements related to inspection Pmedures (Category U) nonrediological aspects of facility 1
operations such as soils and materials
- Inspect).on guides consistent with current NRC guidance, should be used testing and environmental sampling and by inspectors to assure uniform and analysis to demonstrate comphance j
complete inspectica practices and with to CR part et or compatible i
2 provide techn! cal guidance in the Agreement State regulations and ensure l
l inspection of beensed programs. NRC facihty priormance. Conditions fw Guides may be used if properly sonradiological testing should be 1
l-supplemented by policy memoranda.
pueribed m plans w poceh agency interpretations. etc.
- RCPinstrumentation should be Written inspection policies should adequate for surveying license a
beissued to establish a policy for operations (eg, sumey makrs, alt conducting unannounced inspections, samples, lab counting equipment for i
obtaining corrective action, following up smears, identification of isotopes, etc).
I and closing out previous violations.
- RCPinstrumentation shouldinclude I
interviewing workers and observing the following types: GM Survey Meter.
operations, assunns exit interviewe with 0 40 mr/ht:len Chamber Survey Meter, manegement, and issuing appropr!ste severalr/hr: micro R Survey meter:
notification of violations of health and Neutron Survey Meter. Fast and asfery problems, hrmal: Alpha Survey Meter.6-
- Procedures should be established 1000.000 c/m: Air Samplers.Hi and Lo for maintaining licenseeshpH-Vohune: Lab Coenters. Detect 0.00t oc/
histories.
wipe:Velemwtere:amoke Tubes: tap!
j
- Oralbrietas d or 6e Air samplers.
eenior inspector be perfomed
.. Instrument enkbration services er j
- Pon sturn b assecutine facilities abould be readily available and j
inspctions.
- For Stems with ami appropriato for lastrumentation need.
j
. and inspetion staffs, pman Roseeing Ihaame oculpment and facilities abound abould not be used unises under a service l
be estabushed for ek of
,,,,,x.t.Encepdoes fu o,thw SuwA,,,cs,.4,, gg.g. y,,,,,g,y,,,,
l infomation to hoenee mvlows.
Inspection Reports (Category B) be made.
- rindags ofinspeesens abould be
- AsencylastMeents ned for
- j; documented in a report describing the 88"ys and eenSma mesurements ecope of inspections, substantiating aR should be onBhrewd wi the same j
Atems of noncompliance and beslth and thneimpelas,aquimd of the licensee anfety matters, describing the scope of being 2
=
{
the Dcensees' programs, and indicating Deted at medvgle, ndaryland.nie ases j
the substance aldiscussions with... Der af neer, test.
ij 4
c--,,--.
...,, ~ - - - -
m._m
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i July 1993 AGREEMENT STATE PROGR.AM 9T M"
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Z 29 AGREEMENT STATES (approximateiy 15,000 iicenses) 4 21 NON-AGREEMENT STATES (approximateiy 7.000 iicenses) i
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Results From Two Workshops:
l Developing and Amending l
Regulations and Funding State Radiation Control Programs l
I 4
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U.S. Nuclear Regulatory Commission j
,. r.1 Omce of State Programs M'"
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ENCLOSURE 3
~
OFFI'.E OF THE GOVERNOR atattcameos solsE S372o
=t;.; as n.s 4208i3342'00 !
G.t*%:8 March 25, 1991 Kenneth M. Carr, Chairman U.S. Nuclear Regulatory Commission One White Flint North Building 11555 Rockville Park Rcekville, MD 20555
Dear Mr. Carr:
Representatives of the state of Idaho have been in centact with representatives of the Nuclear Regulatory Commission (NRCi about.the NRC/ state agreement program.- I am writing to clear up any misunderstandings that may exist in this regard.
In recent years, the Idaho Radiation Control Program has been operated by our state Department of Health and Welfare's Division of Environmental Quality.
In July of 1990, the NRC advised the state that the quality of the.
prcgram was in question.
I am enclosing a' copy of a letter outlining the NRC's concerns.
The Idaho Legislature has reluctantly funded the program at a very minimal operating level.
As you know, i
there are no federal funds available to the state to operate it.
In view of the financial squeeze placed on the program by our Legislature's past reluctance to adequately-fund it and the federal government's refusal to provide any funds, we studied the feasibility of increasing funding by implementing a fee structure for licenses and inspections.
A fee program would have allowed us to upgrade our program 1
to comply with the requirements of the NRC.
We discovered that to implement such a program, however, an average license / inspection fee of approximately $1,175.00 would be required to be paid by the 136 businesses, universities, and medical facilities in Idaho that are currently licensed.
When the executive budget for. fiscal year 1992 was being put together at the end of last year, it was determined that the fees charged by the NRC's own licensing 1
i.
i Kenneth M. Carr March 25, 1991 Page 7%'o I
i t
i and inspection program were an average:of approximately-5531.00 per. license / inspection.
Accordingly, in view of the fact that the NRC could' provide a. thorough licensing and inspection program at no cost to the state of: Idaho and at a cost to Idaho licensees far less than what could be charged by the state, we made the decision to~ return this-federally-mandated program to the NRC.
Just recently, the state-has been notified by.the NRC l
that it plans to revise-its rules and regulations to I
increase the' fees it currently charges.to licenseesfand that these new fees may go into effect sometime in the next year.
In the event these changes do take: place, the state may be in a position to consider taking back the-NRC/ state i
agreenent program.. At this juncture, however, there is not-a sufficient basis for me'to reverse the state's decision i
to return the program to'the NRC..
1 I am not entirely satisfied with this decision, because I believe that, when_adecuately funded, a state.
program is in a better-position to. regulate 1and control'
)
radioactive materials in Idaho than is'the NRC.
.I continue to believe that the state can be more responsive to those j
who are_ protected and. regulated by the program and any-concerns that arise about health or. safety can.be dealt with more promptly at the state level.
I am~ committed to protecting Idaho's citizens from any: undue risk of exposure to radiation, but this protection cannot.be achieved by an underfunded state program.
1 I am certain you will agree'that, under the circumstances, Idaho's citizens will be best served by a strong program administered by the-NRC.
We look. forward to continuing an excellent working relationship with you.
Sincerely,
.lD 21 D. Endrus' '
N Governor j
CDA:jed enrlosure i
ec:
Richard P. Donovan, Idaho. Department of Health ' and Welfare Carlton Kammerer, Director of State Programs, Nuclear i
Regulatory Commission a/f
)
I
UNITED STATES NUCLEAR RESULATCRY COMMISSIUN RULES cnd RESULATIONS i
TITLE Sg. CHAPfta t CODS OF ptDgAAL mgGULAftetes-gissney COMMISSION NOTICES POLICY STATEMENTS AGREEMENT STATES i
d
- e rn reso pub.L eM73 which was enacted in the would be compatible with that of the Pune=d 1/23/e1 form of a new section to the Ato.alc NRC.The criterie were circulated eHatae 1/23/s1 Energy Act (Sectise 2r4) and approved among States. Federal esencies. leber
)
Ameneed try Ps pubhehes 7/istsi by the president en tomber 38.1ges and industry, and other interested las an sesses ena 7/21/s3 (as en and amended by pub. g6 404 youps for comment, j
3337sl approved November S.1978.Neo 4.N criterte require that the State criteria are intended te Indicate factore authority consider the total occumulated l
Criterte for Guldence of States eng which the Cosuminlan launde to occupational rediation uposure of l
NRCin Discontinuense of NRC considerin new or amended individuals.To facilitate such en Regulatory Authority and Assumption agreemente.
em not latended to appeech,itle the view of the NRC that q
Thereof by States Through Areement limit Commiestes discretion in viewlag en overell redietion protection program ladividual agressments or amendmente.
le desirable.The meximurn scope of I* N"'I E'8'I'Y la accordance with theos statutory each State's radiation protection '
provielene, when en agreennent between progrankle not,hoevever, e assess or ACTisc St:tement of polley, a State and the NRCle effected, the oppropriate subject for severess.la Commluton wSI discontinue its criterm. Consequendy the criterk are ausessame.N Nuclear Regulatory htalon has revind its statement of reguletory autherl within that State siteret on the quwtion of whether a State
' " ' ' ' ' ' ' " ' ' the feHowing should how a wtal propan cy res criteria for guidance of tw and NR h escenunnance d
- i"I"; * -, r meterial a dehned -
severing s!! sourses romeuse.
1 inSecties11e(1 of the Act including those not subject to control by
)
NRCreguletory authortry sad (redi
).
act meterial as the NRC under the Atomic Er.ergy Act.
.j assumpth of regulatory authority by dennedin 11e(t)of to Act(adB euch as a rays, sedim, secderstors, etc.
Statee through a eewnt.This oc6ee le teillage er westes), seeree meterial Nee revised artterla provide for accessary w me e estorial w
[arealm and &odebpecialnuclear -
Mginto an agmemnt for a wpdate the poDcy etetement, to a anewrial[urealm 288 urania 238 and tote cewgory of meteriale, nemly.
3,,e] wng y,,, gmente forlow-lutealuum) la geantitles not sufficient to
-letal maste meterialle permanent Statee to seter into
- y gg e addeal man and permanent disposal facilities. Hey else prwide and requireseets the um MID Temass Rasenen Centrol disposal oflow-level weste sentelning new artteria for States wishing to
)
me er men of he materiale W senunne reguleens weahme and thatus Act of187& Adoption of this policy ws show but notineimmag adB teninge, procesetas and the westes see aDowlateroemd Statu to enter late agreements with the NRC and segulate
- 3. As ayooment stay be eSeemd semima undw te pmistene d lew-level weste sites only. AddimenaDy*
between a Beste and NRC:(1)
Ursalum MiB Tallhp Redietion Centml these States that meet the criterie for eereSeetles by to Gewesent t the Act of ters(pub.Leless)after the segulelion of uranium mSe ang State bee apseyesIer the esseret of Nove:r.ber e.1901.h twlood criteria taDiar may esertin reguleury 8eestles beassde to to also sostate a number of editorial heelt and respect changw such as changing AEC to NRC.
authest ever thew sourca u provideg to metodels within the State severed where appropriate to eenienn to prowat by the um MiB Taniap Resenes Control Act of1ers. as mesaded, by he mysement and es preemos and bw.
The revised statsmaat of State to essene regulatory 4.Inquines abart dete0s of the 1
raSectstheleD ist each meteriale; and(El estlede er other espects of the NRC L Med1Scouse y to eher a by to Commiselon that Federal State Relseems propen should aBow a State to seek as for the State pseyes le la esserdance with be addmesed w the OlBee of Stew the sepulosee of weets as a to receiraments of enheesties e of PP8F88'* U 8 N#8088r 88'F separeie est mesties are and in eB ether respects Commissism.Weehmeten.
.C. Esses.
3.Inclueton ddtdeaalerherie for esapetible with he h"s Cshesisa States to continue segule payem forihe seculaties of such ag,;,,y,,,
uraalus and orturn processore assedale, and is adeguate to protect the mul taGlass efter November s.1981.
public health and with roepect to L7M*"dd=" A State suyulatory
- 3. Editorial and clarifying cheages to to meteriale essered 6eproposed sher be to protect the make the statement current.
syeoment. It is aise ascessary that the and as of people against sates:his polley statement is e5ecove State have sambihislogiclopen sesseles
}eauery as. test.
autherlslag its Goverser to saler late 3.g,g,, pg,n,g,3,,,g,ng, e each na agmement.
som suomesa sessenesarisse oostracy:
ohn F.
Office of State programe, s.Se artglaelaritorie wm pub!lebed l
.S. Nuclear letory Cornmission.
en March 34.sest (as FR3537)efer
'ne enesu== es.:eso.s a retemme mt duusoleme with aleme ttaw elliciale 1,8 maear;eee ee ms Weekington. D.
30888. telephone: Set.
408-7787, and other State reppssentenwes to g,,,e,,i,n,,,,,,,,,,,,,,,,,,,eg
, snw y
guldanes and assistanes to the essies of theUAasseresseser I
suseLeteertant enoonas4Tecac see and the ABC(now NRC)la
?==ewussa chenemme sene.siasechr.
ens ee m hy.womm LDese criteria were developed to developire a segubry payan which
'essonessseem
=G eine enemme m suuns smus ler.plement a prograra, authorised by PS-AG-1
. AprN 30.1002
l POUCY STATEMENTS
^
- 2. Standards. ne State regulatory and manifest system) shal! be in authority shall be authorized in pregram thaU adopt a set of standards accordance with to CFR 20, individual cases to impose additional 5
for rotection againstred!stion.which he weste disposal standarde shalt utrements to protect health and tefetk or to grant necesssry exe she a;* ply to byproduct. source and include a waste classification scheme sa 4
special nuclear materials in quannties and provlefons for waste form.
whic wiU not jeopardize health and not suffic;ent to form a critical raase.
applicable to waste generetore. that is safety' i
It ir !=portant to strh e for uniformity la part et.
Prior Eroluotion of Uses of Aodiooctire
- 3. l.iniformityin Radiobon Standards.
equivalent to that contained in 10 CEE Meterials l
technical def.aitions and te ninology.
(b) Land dispoul of waste aceived particularly se teleted to such things to from other persons. He State shall 13.PriorEvoluotion of#ceords and units of:r.easu ement med radiation promulgate regulatione contelning Usee. Exceptions. In the pruent state of done. Thee sha!! be unifor:nfty on licensing requiremente for land disposal knowledge. It is necessary in regulating I
mp.imum per:nissible doses and levels of radioactive weste received from other the possession and use of byproduct.
of radiation and concentrations of persons which are tible with the source and special nuclear matuials radioactmty, es fixed by part 20 of the applicable techalcol tions.
that the State regulatory authority NRC regulations based en emcfally performance objectives. technical require the sub:nisolon of information i
approved te d.ation protect:r. guides.
requirements and app!Icable supporting on. and evaluation of. the potential
- 4. Tctel Ocerpetionc/ Ac4crion sections set forth in to CFR part e1.
hetards and the capability of the user or Exposure. The regu: story esthority shall Adequate financial artengemente funder possnser prior to his receipt of the consider the total occupetional radiation terine established by regulation) shall be materials. Dis criterion is subject to l
exposure ofindividuals inc!cding that requimd of each weste disposal site certeln exceptions and to continuing from sources which are not regulated by li' censes to ensure sumcient funds for mappraisal as knowledge and it, decontamination, closure and experience in the atomic energy field
- 5. Surveys. Monitoring. Appropriato stabilisation of a disposal ef te.In increase. Frequently there are and surveys and personnel monitoring under addition. Agreement State Anancial increasingly in the future there may be.
the close supervision of technically arrangements for long-term monitonar categories of materials and uses as to ccmpetent pecple are essent!alia and snaintenance of a specific site must whichthere is sufficient knowledge to achieving todiological protection and
- be reviewed and approve 'Iby the permit possession and use without prior sha!! be made in determining Commies.on price to re!L eing the site evaluation of the hazards and the compliance with safety regulations.
operator of licensed responsibility capability of the possessor and user.
- 6. Lobe.'s. Signs. Symbols. It is
(**ction 1stie)(2). pub. I. 97. 423).
Due categories feU into Iwo aroups-3 those materials and uses which may be.
i desirable to achieve un!formityin completely exempt from regu! story i
labels, signs and spnbols, and the centrols, and those meterials and uses posting broof. However. it is essential in which sanctions for misuse are that there be uniformity in labels signa, maintained without pre evaluation of i
and symbols afnxed to redioactive the individual poemolon or use. In products which are transferred from
- 10. Aegulations Coverrrify Shipment authorizing research and development person to person.
7.lastruction. Persons working in er of Aediooctive Meterials. De State or other activities involving multiple i
frequenting restricted areas 8 shall be shaU to the extent ofits jurisdiction uses of todioactive metenals.where en instructed Mth respect to the health promulgate regulations applicable to the institution has people with extensive l
risks assoc!sted with exposure to shipment of redioactive materials. such training and expertence. the State redioactive matwiels and in precautions mgulations to be compatible with those regulatory authority mey wish to to m!rdmise exposure. Workers shay established by the U.S. Department of provid's a means for authorizing brosd l
have the right to requal regulatory Transportation and other agencies of the use of materials without evalusting each authority inspections as per 10 CFR 13.
Umsted States whose furtediction over specific use.
section 10.18 and to be represented interstate shipment of such materiale
- 14. Evoluotion Criterio. In evaluating during inspections as specified la necessar0y continues. State regulations a proposal to we radioactive matwiels.
section te.14 of10 CFR 18.
maarding transportation of radioactive the tory authority sha!! determine i
3 Storeye.1Jeensed radioactive materials must be compatible with to thea quacy of the applicant's facihties I
materialin storage shaU be secured CFR part yt.
and sofery equipment his training and -
against unauthortsed removat
- 11. A*conis and Aeports. De State expenence in the une of the matwide i
- s. Radioactive Weste Dispoed.
regulatory program she!! require that for the purpose requested, and his holders and wers of radioactive propowd administrative controla. States g(*I *$*
'g
- ere-materials (a) maintain records covering should develop guidance decoments for
- * 'O
- P""'" 8 '"
8# by liC** apphcants. this guidance radioactive meteriale late es air, water surveys. and disposakof meterials:(b) should be consistent Mtb NRC licensing and sewar, and buriel in to so8 shall be k*ep records of the receipt and transfer and regulatory guides for various in accordenn with seGRptet an.
of the materiale:(c) report signiScant categories of beensed acuvities, Holdere of radioeceos mondel dedrW incidents involving the meteriale, as 15.Numon use.He we of todiosetive to rolesse or dispose of geomagelse er 3rescribed by the regulatory authority:
materiale and redieuon on or in burnens concentreuene of redleestfee meurlah d) make available upon roguest of a
- v. Il not be permitted oncept by in onceu of - d - f gate sheE be required to shals special pomiedon former *mployee a report of the
- i. opdy yshfled persons (normally employee a exposure to radiatiost (e) at Ikensed physicians) possessing from the appropriate regulate y request of an employee advise the prescribed minimum, experience in the authority, employee of his or her annual radiaties see of radioisotopes or radiation, Requiremente for treaefw of wate for the purpose of ultimate disposal et a e1Poours: and (f) inform each employee j,, peg,,
lana dispeest facility (weete transfe, in wrlung when the employee has received radiation exposure in excess of 18 A8 Pose. Frequency.He
- aseew=dem e,ar.nr.m us is the prescribed limite.
possession and use of radioactive winsk is connnea b3 u heenne se, e.pury e IL Additional Aeguirements and materials shall be subject to inspection O*8'P ens. Consistent with the evnag by the regubtery authortry and abau be NrY. Nr$.NI'N."n.7g criteria bere enumersled and to subject to the performance of testa. es e m sh u meiinci.e..nr.,
e t
l e en= emush a waerem ree er en e accommodate special cases or required by the regulatory authority.
midanual b hs me3 he wt.p.M M e mvisted Circumstances, the State regulatory InSpeClioB eDd testin$ it cohducted te determine, and to easiet la obtaining.
1 AprN 30,1992 es.Ao.2
POLICY STATEMENTS comp!!ance with regulatory of evaluetion and inspection of a!! of the SpecialNuclear Material. Source nquinzents.
etnous oses of byproduct. source and Materialand Tritium Fngency of inspection shallbe special nuclear material which might related directly to the amount and kind come to the regulatory body should have
- 21. Conditions Applicch!c to Special of material and type of operation substantial training and extenafve Nuclear Meterial. Source Afoter,al end bcensed. and it shan be adequate to experience in the field of radiation Triuum. Nothing in the Stste's insure complianca, protection. It is desirable that such a regulatory program shdlinterfere with the duties impesed on the holder of the
- 17. Inspectioris Compulsory. lJcensees person have a bachelor's degree or materials by the NRC. for example, tht-shall be under obhgation bylaw to equivalent in the physici@ or life duty to report to the NRC, on NRC prodde access to inspectors, sciences, and specific training-radiation prescthd forms (1) transfers of special
- 18. Notification of Results of protection-nuclear material, source material and Jnspecton. Licensees are entided to be It is recognized that there will also be tritium, and (21 periodic inventory data.
advised of the resulta ofinspections and persons in the program performing s
- 22. Specio/ Nuclect Afoteriot Defined.
to notice as to whether or not they are in mon !!mited funption in evaluation and Special nuclear materish in quantities cornpliance.
Inspectico. nese persons will perform act sufhcient to form a critical rnsis, for Enorcement the day-to-day work of the regulatory present purposes means uranium
- 19. Inforcement Possession and use pregram and deal with both routine enriched in the isotepe U-235 in of re6cacuve matenals should be smdens n weU ea some which wiD be quantities not exceeding 350 grams of amenable to enforcement through legal out of the ordinary.These persons contained U-233. uranium 233 in sancuens, and the regulatory authonty abodd have a bachelor's degree or quantities cet exceeding 200 grarns; shall be eqwpped or assisted by law equivalent in the physical or life plutoafum in quantities not excee6ng with the necessary powers for prompt sciences, t aining in health physics, and 200 g arns: or any combination of them enforcemenc This may include, es approximatdy two years of actual work in accordance with the following epprepnate, a dministrative tercedies experience in the field of radiation formu!a: For each kbd of special lookig toward issuance of orders protection, nudear rnatenal, determine the ratio requirmg affirmauve action or ne foregoing are considered between the quantity of that special suspension or revocabon of the right to des!nble quahncations for the staff who nuclear materas! and the quanuty poness and use rnaiens!s. and the Mllte responsible for the actual specified above br the same kind of impounding of restenals. the obtaining performance of evaluation and special nueJear materie.l.De sum of ofinjuncove nhef, and the imposing of inspection. In addition, there will such ratios for all of the kinda cf special ciul or cnminal penalues.
probably be trainees associated with the nuc' ear matenalin combination abould regulatory program who will hase an net exceed T (i.e unity).For examp!s, Personnel academic background in the physical or h foUn mudu hbWu 20 Q.ichficerions of Retulatory ond life sciencu as weU as nryingenounts would not exceed h !!mitation and ass lespection Personnel. ne regula tcry of specific tral in rsdieden agency shall be staffed with sufficient protection but litt e or no actual wo Mthin b formula as follows tramed perenne! Pnor esaluation of e xperience in this field. The background appLcations for licenses or and specific training of these persons U S hrses contained U.235) +
euthenzaunes and inspecuan of willindicate to sorne extent their M0 licensees must be conducted by persons potential role in h regulatory program, possessing the training and experience These trainees, of course.could be used 50 (grams U 223), 50 hrams Pu), g selesant to the type andlevel of infuelly to evaluate andinspect those ndicact!vity in the proposed use to be 8pphestens dudsacQ matnials g
g evalua ted and inspected. This requires C
competency to evaluate various d
df b a tion a (This definition is eubject to change by potential radiolegtcal hazards standpoint for exemple. inspection of future Commisalon rde or reyulacon.)
associated mth the many uses of g,g g,,y gg n6osctive material and includes programa. and diegnosde me& cal r1.ac pra:tices for assu.-ing the fair p ogra:ns. As they hsin experience and and impartial administration of concentrations of ra&osctive materials competence in the eld, trainees could in air and water, con 6tions of siblding.
the making of radiation measurements, be used progressivel to deal with the regdstory la w. Including provision for knowledge of raiation instrument
- more complex or dif cult types of public parecipation where appropriate, their selection.use and calfbration-radioactive raaterial applications. It is should be incorporated in procedures laboratory design contamination desirable that such trainees have a I'"
control ether generalprtaciples and bachelor's degree or equivalent in the
- EN'I'""d*U " "I'"I" N '"""'
8
D' practices of radletion protection, and physical or life sciences and specific use of management costols in assuring training in radiation protection. In
- b. 4pming r der)ving 8pplications adherence to safety procedures. In order determining the regmrement for
""d Io evaluate scree compleet cases, the academic training of individuals in all of c T.lfr>
State regulatory staff may need to be h foregoing categorin propu heensna. g disciplinary actions asainst supplemented by consultants or other considerstion should be given to State egenciee Mth expertise in geology, eqdralent competency which has been Arrevements TotDiscontinuing NRC hydrology. water quality, rediobiology gained by appropristo technical and furisdiction and engineering disciphnes.
radiation protection experienca>
It la recognized that radioactive
- 24. Stols *" De To perform the functions involved in materials and their uses are so varied State shed dicau ]s' tjon. %'
ich a evaluatico and inspection it is desirable h*" ""O that the evaluation and inspection.
that there be personnel educated and hmetions will require skille and IkC
"' **[' 8 trained in h physical and/or life experience in the different disciplines thN
- h*dd sciences. locluding biology, chemistry.
which will not always reside in one
,",",53,, [ypt;[,,,g,js on a thorit physics and engineering. and that the penon. The regula tory authenty should penannel have had training and have the composite of such skills either licensing by Stete and local subrities experlencs in radiation protection. For in its empf6y or at its command.not and it may be desirable that there be a' example the perwn who willbe only for routine functions, but also for single or central ulatory authority' 25 Esisting NR71.icenses and respons!ble for the actualpc formance emergency cases.
Pendmg Applications. In diectW b PS.AG.3 ApM M 1992
POLICY STATEMENTS discer.tinuance cf jurisdictior.
Arrangements should be snede for the reclamation or other bonded activity has apprepnate arrangements wi:1be made netprocal ncegn!Uon of State bcrnes been perfor ned. funds for the purpose by NRC and the State to ensure that and Federal 11 censes in connection with e.e not to be transferred to the Federal there will be no interfennce with or out of the-Jurisdiction operations by a Government. The funds collected by the interruptien oflicensed setivities or the State or Federal 11 censes-5:ste shall be sufficient to ensun processing oflicense app!Ications, by
- 28. KAC ond Deportment of fnergy compliance with the regulations the reasen cf de transfer. Fer example, one Confeccton.The State shodd provide Commission estabhshes pursuant to appreach Cght be that the State. in exemptions for NRC and DOE Section 161X of the Atomic Energy Act ass; erg fu a6cton, ceuld recognize contracters which are substantaDY
- d. In the issuances of beenses, an and centm.:e in effece fer an equh alent to the following exemptions:
opportunity for written comments.
ep;terna'e pered cf t:me under State
licenses fer whach tre!y a;plications or centrolled sitse;
- e. In the issuances oflicenses. a fcr rene w al ha s e been fded. except
- b. Prime contractors performing v etc., J cmination of the action to be where rocd esuse wa ants the eerlier noearch in, or development, tden t:.w.J upon evidence presented reesameat.cn er term.nauce cf the manufa cture, storage. testing, or daring the public comment period and h e,e,6. 8 e.,c '..
transportation of, atomic weapons or w hich is subject to judicial review is nse.
cns itWA federc/
components breof nquked.
Cot errrent end Oder 5:::es There
- c. Prime contractors using or operating
- f. A ban on misio conetruction prior to shoid be an intercharse cf Federa: and nuclear reactors or other nuclear menpletin of the wmten environmental i
S:ste infe:maten erd us, stance in devices in a U.S. Government-owned awym stiputamiin cmerson rt.
i conneenen with de 4sn.ance of vehicle or vessel and 3 An opportunity shall be provided regdetiens and beenses er
- d. Any other prime contractor or for public participation through written a;.thenzatens. t s;ect.cn eflicensees.
subcontractor of DOE or NRC when the comments, public heanngs, and judic;al repert:rg cf inc: ents and violat: ens.
State and the NRC jointly determine (I) new of rules.
l and trainirg and edccat.cn preb'ema.
that. under the terms of the contract or 30 In the enactment of any supporting O. Co6er:ge. Amercren:s.
subcontrac't. there is adequate legislation, the State should take nto Rec.procay. An speement prov:d;ng for assurance that the work thereunder can account b reservations of authority to discontinuance of NRC rer.! story be accomplished without undue risk to the U.S. in UMTECA as stated in to CFR authonty and the assumpt:en of the public health and safety and (ii) that im15a and summarized by the regulatory autmenry by the State may the exemption of such contractor or IOUOwiD5:
nlate to ar.y one or more cf the subcontractor is authortred by law.
- s. The establishment of minimum following categories of rnaterials within standards governing reclamation, long-the State. as contemplated by Public Additlocal Critaria for States Regulating tens surveillance or maintenanca. and Law 66-373 and Puth: Law 95-404:
Uranlurn or Thorium Processors and ownership of the byproduct matarist
- a. Byprodact materials as dehed in Wastes Resulting nerefrom After
- b. The determination that prior to the section Helt) of the Act.
November 8.1981 termination of a bcense. the bcensee has
- b. Byproduct esterials as dehed in
- stature, complied with decontamination, section11e(2)'of the Act.
decommissioning and reclamation
- c. Source matenals.
gs. State statutes or duly promulgated standards, and ownership requirements
- d. Special nuclear n ateria!s in ngulations should be enacted. If not for sites at which byproduct materialis quanttjes not suf$cient to form a alrea dy la place, to make clear State p,,,,,g, cntical mass.
authority to carry out the requirementa
- c. De requirement that prior to
- e. Iow-level wa stes in per:canent or Public Law 85-404. Uranium MiD termination of anylicense for byproduct disposal facilibes. as defined by statute Tailings Radlauen Control Act material as defined in Section 11e.[2). of or Commission rules or regulations (UMTRCA) as foHows:
the Atomic Energy Act or for any containing one er more of the materials
- a. Authority to regulate the ta!!!ngs or activity that results in the production of stated in s. c. and d above but not wastes produced by the extraction ce such material, utle to such byproduct including byproduct material as defined concentration of uranium or thorium matenal and the disposal site be in Section 11e(2) of the Act; from any ore processed primarily for its transferred to the Federal Government but must relate to the whole of such source material content.
or State at the option of the State.
category or categories and not to a part b.That an adequate surety (under provided such opt on is exercised prior of any category.*1f less than the !!ve terms established by regulation) will be to termination of the licensa.
categories are included in any provided by b licenses to assure the d.The authority to require such discontinuance of Junsdiction, completion of allrequiremente rnonitoring. maintenance and djscontinuance of NRC regulatory establ!shed by the (cite appropriate emergency measuru after b license is authority and the assumpties of State agency) foe the decontamination, terminated as riecessary to protect the terulatory authority by the Stata of the decommissiontng. and reclamation of public bealth and safety for those others may be accomplished ettes, structures, and equipment used in materials and property for which the subsequently by an amendment oc by a conjunction with the generation or 5:ste has assumed custody pursuant to later speemer.t.
disposal of such byproduct material Pub. L 95 404.
The agreement may incorporate by
- c. lf in the States'ileensing and e.The authority to permit use of the reference provisions of other documents.
regulation of byproduct material or of surface or subsurface estate or both of including these criteria and the any a etivity which produces byproduct the land transferred to the United States agreement shall be deemed to material. the State coUects funds from or State pursuant under pro 6sion of the incorperste without specific reference the41censee or its surety for long term Uraniu:n Mill Radiation Taihngs Control the provisions of Pub. l. 8G-373 and Pub.
surveillance and maintenance of such Act.
- 1. 95-ood and the related provisions of material the total amount of the funds f.The authority to exempt land the Atomic Energy Act, collected by the State shall be ownership transfer requiren:ents of transferred to the U.S. If custody of the section 43(b)[1)( A).
- Aseea dd not.ai.
.w.
byproduct material and its disposal site 31.1:I8 pnferable that State statutu r.rvt.nen et umum ena eor. m pm...m 4
is transferred to the Federal contain N prodstons of Section e of the baroduct un.at es der.no in secus n m or un Aionic r.nem Act... mend.d. afie: r....mbe, Government upon termination of the Model Act. But the following rnsy be
- s. 2ses pm.ent to Pub L sm mer skain State license. (See to CFR 150 32.]If no accomphshed by adoption of either 8,",*g,e;,er ug. e a e;. t c.
tus default has occurred and the j,
procedures by regulation or technical April 30,1992 PS-A G-4
4 i
POLICY STATEMENTS t
1 critaria. In any case, authority for d. alt tgency essessmInt af the proposed experiena la radhtion protection implementation should be adequately project is not adequate or appropriata.
necewary to evaluate the enginering j
supported by statute. regulation or case However, the lead agency assy prepare
' and tediological safety aspects of a lew as determined by the State Attorney an environmental annement hand -
conium concentrator. Current J
Ceneral upon en applicant's en/.a ;r.tal indicetions are that 8 to 3.75 total In the licensing and regulation of ores nport. Othw credibie infonnation may professional person years'eNort is processed primarily for meir source be utilised by the State as long as such needed to process e new soevenuonal 4
material content and for the disposal of informstion is verified and documented mill t-la situ license er major byproduct material, procedums shall be by the State.
renewal.to meet the roquarements of f
established which provide a written c.When a lead esency is designated.
UMTRCA.nis numberlaclades the analysis of the impact on the that agency should coordinate effort for the environmental assessment environment of the licensing activity.
preparetion of the statement.no other and the in-plant safety review. It also nis analysis shall be available to the agendes involved should provide includes the use of censuhants. Heap
,i ublic before comrnencement of assistance with respect to their areas of leach applications may take less time l
kearings and shallinclude:8 jurisdicuon and expertise.Facters and is expected to take 1A to la j
- a. An essessment of the radiological nlevant is obtainlag asetetance frosa Professional stas yeare* e5ert.
j and nonrediological public health other agencies include the applicabte depending on the circumstanices impacts; statutory authority, the time sequence in encountered. Current ladiostions are l-any body of water or groundwater:
the magnitude of theirinvolvement and and legna services abould be one
-l
- b. An essessment of any impact on which the agendes become involved.
Get ee person years afort for soppen
- j
- c. Consideration of alternatives to the
,,1.gve expatise wie respect to the secretary for approminately a conventional mills and % staf years for licensed activities; and poject's environmental e5ects.
- d. Consideretion of long-term impacts la order to bring an environmental legal services for each monocalested mill of licensed activities (see Item seb.(1).
asweement to a satisfactory conclusion, case.no impact on environmental a
Aeyulatione it is highly recomunended that an initial monitodng laborstary espport services is difficult to estimate but abould be scoping document be developed which
- 32. State regulations should be dearly delineotes the area and scope of added into the personnel requirements.
In addiuon, conadasuon abould be j
mmwed fu mgulatory nquimments, work to be performed by each agency given to various miscellaneous post-and where necessary incorporate within a given time constralat.
licensing ongoing activities including the regulatorylanguage which is equivalent
- d. For thoes areas in h issuance of minee amendesate.
I to the extent practicable or more
- ' * ' ' ' wb l
stringent than regulations and standards j"j""*"
inspections, and envireemental dei ysS u survenience.H is asumstd est &ese adoptd and enforced by es ha% sufficient emPertlee to deq ately actMties may require about 83 to 3,,
~
Commissios, as required by Sectios i
37eo (see 10 CFR 40 and sitCFR g T,
,p g yan
,,,,,, y,,,,,gg,,,,,,3;,,,,,g g,,gg3 i
pu yur.&e leuw being es eau fu a tan 31M.
provisions for obtaining outside.
N i
a l
Organirofiana/AelationsAlpe Wi:Ain consulting services. In those instances
,'Y,,,,y,,
g,,,,,g,,,
theStosas where non.governmenatal consultants
'I are utilized, procedures should be
- ating license applications
- 33. Organizational relationshios established to avoid confhet of interset the State shall have access to necessary should be established which will censistent with State law and hydrology,geo1mdiolo ulufq, cielium. e provide for an effective regulatory 1
program for uranium mills and mill 8yt e In p
ogy and am talhngs.
construction and operation.
3
- a. Charts should be developed which O'if "Pertin in mergency medical la addition to the i
.T show the management organization and matters. such as the Oak Ridge and -
qualifications listed in the " Guide for bnes of authority.This chart should Hanford Ltional l.aboratories, relating Evaluation of State Radiation Control t
to the intake or uranium and its Programs
- Revision 3. February 1.19e0, define the specific lines of supervision from program management within the diagnosis thereof associated with the regulatory staffinvolved in the 1
radiation control group and any other urenlum mining and milling should be reguktory process (Radiation) should iden ed nd evada le to the State for gg department within the State responsible l
for contributing to the regulation of b budge [Pundon,b Heahb phys,ics and Envitcamental uranium processing and d!sposal of Duri"8
<a d low I costa eh tailings. When other State esencies or
,g g
, F lead agency see included in thne total regional offices are utihned. the a.nes of addition, consuhants should be 3g g,,,;,
communia.ation and administrative 7 Qem mbers ha R control between the agencies and/or evellable for any eme caes which 4
regions and the propos Director should 83*ir emportise obH k demonstrewd est hoe be clearly drown.
kly*
personnel wGI be available on a routine b.non States that erGI stDies personnel and continales basis to a degree chimed as nemenwy a succeufuDy i
personnel from other Shote Departments n pe 1
w Fedwal agende in peeperhg 6e c,f the license application een fe semply with th G ats of avironmental aseneuseet shoald identified or according to the IM11tCA and tbme cdkria.The designate a lead esency for supervising fal:owing ski Is Techaleet.
arrangements for making such resources available shad be documented, such as and coordmating preparetles of this Admirdstrouve; and Support.
envirorvoerital eseessment. It le
- a. Administretive perooanel are &oes aslateragency memorandum of normaDy expected that the radiction p,,ms who wiu provide internet understandles and confirmed by control agency in Apeement States will 3.v,, 7 ye.. rr.emoreada. reviews and budgetary eset mesters.
- d ncy.
be alu is
,,, 4,;.g,,,je.,,,,,,,,,y,,,,,,,,
f,,,,,,, 7, g, g,,,,,g 8'**F "9
concpledos of the lisenelog acties.
33.The States should develop s
prepare the environmental nuenment.
Suppwt perunnel are tone pereene procedures for licensing, inspection. and 2
Utihastion of an applicant s wh provide ucrohdal,ciencal environmentaluport in lieu of a lesd suppwt. legal, and laboratory urvlees, preparetion of environmental assessmente.
Technical personnelare those n,'MY"[,7[" * **"*"*#
individuals who heve the tralales and PS.AG.5 AprH 30,1992
-..,. ~...,,, _.,... - - -.
POUCY STATEMENTS coneesente should include in-plaat (e) Ecology:
lastrumenfeiles l
reeological safety aspecte in (b) Environmental e5ects of site as.& State abodd beve eve 8able occupesonslor wetricted areas amt properstics and facGity construction es both field and laboratory environmental hnpoets to tismo in envuomment and blota:
4 Instrumenteuse eufncient to ensure b anrestricted areas from the (c) Environmental efrects of use and lansee's control of materiale and to
- l (2)Itle espected that the wGI discharge of chemicale and fwle: and vahdate the Doenwe's mesouremenu.
review evoluete and provide (d) Econoude and social effects.
a.The State wGI subadt its list of i
documentation of these evaluations.
c.Inspecteene instrumentation to the NRC for review.
Items wb'ch should be evaleeted are:
(1) As a minimum. itene which abould Arrangemente should be made for (a) proposed activities; be laspected or included during the calibreting such equipment-(b) Scope of proposed action:
inspection of a eranium mill should
- b. Laboretory-type instrumentatios (c) Specific actf vities to be moeducted:
adhere to the itene evaluated in the in-should be avaGeble in a State er (d) Administretive promdures; plant esfety review. N principal items through a commercial servios cb has (e) FacGity organisation and recommended forinspection are:
the capabihty for quantitative and radiological safety responsibuities.
(a) Adminletration; qualitauve analysis of resonuchdes j
authortties. and personnel (b) hein circutt. Including any seencialed with neteral uranium and lie qualinceticas:
additions. deletions. or circuit changes.
decoy cheln. primarcy U 238. Ra-22a.
(f) Ucens e audits and inspections:
(c) Accidents /lacidents:
Tb 330.Pb-210.and An-222.In a variety (3) Radiation safety trairdng programe (d) Part le or equivalent requirements of esmple media such as will be forworkers:
of the State; encountered hem an envtronmental (b) Radie tion sefety program. control (e) Action taken on previous fladinge:
sampling program.
j and monitoring:
[f) A miu tour to determine Analyste and data reduction from (I) Restricted area markings and compHance with regulations. and license laboratory analytical facilities should be accese control:
conditions; i
evailable to the licensing and inspection
- 0) At existing anla. review of
[3]Tethnge waste management in autbertties in a timely manner.
monitoring data, exposure recorde, accordance with regulations and license Normour, the dets abould be evellable licensee audit and inspection records.
conditione (see NRC Reg. Calde 3.11.1):
within 30 days of submittal State and obr recorde applicable to existing (hlRecords:
occeptability of quality eseuraeos (QA) mille:
(1)hspiratory protection in programs abould aloe be establiebed for (k) Environmental monitoring; accordance with bcense conditions or to the analyticallaboratories.
- 0) Emergency procedures.
Cm part 30-
- c. Arraspte ebeund siles be rediolog' cal:
(j)E!!!uent and environroental
"_ d so that a large number of (m) Product transportetion: and ownitortry (n) Site and reical decommissioning (k) Training programs:
,,,,'3,, in a variety of Q mena resulting troen a majer acciosat sea be procedures. o' r than taihnss.
(1) Trenoportation and shiPP in a time freme that wul eBow (o) Employes exposure data and (m)laternal review and audit i
blosseey programs.
decisions k be sede %
management; bhronmenfahsessment public bealth and s,afety.
(1)N environmental evaluation in) Exit laterview; and
- d. Arrsagemente should be made to
[e) yin.] writtee report documenting to in the Environmental eYtdeve tlw wouha the inspe@e d 8%
tion ney quamy apursom on the following Hems:
en each item, program for boratory performance.
(a)Toposmpbr.
(2) 'n addition. the inspector abound i
perform the following-(b) Geo (a)"- T" _ ' at serveys sad (c) Hydro and weter quality; (d)L : : 4 (3
liional guidance le contained (e) Backgroun7tedletloeF in appropriate NRC regulatory and (f)Taninge retention system:
intjeden sbeeld be p.plode
~ guidee. A seo (g) Interim etebDisation. reclamation-
-' at least and Site Deea==woning program; (b)RadjologicalDoes Assessment ance per year.
- d. OperoflonalDele A* Flow (1) Source terme (1)la addities to the (2) Exposure pethway reentremente regoletiene
)
(3)Does commitment to individuele erhcanos esaditions, bonnese edil (4)Does commitment to popdeBone submitis writing to the regulatory (5) Eveluation of radiologicalimpacts agency within 80 days after Jammary1 to the pubile to include a detensinellen and July 2 etsech year, reports of comphance with State and Federal specifytag the geestity of each of the regulatione and comparteens w88 principal r=*a-udas released to beckground valese enrestricted areas la Dquid and is (8) Occupatlanaldose geneous effluente during the previous six (7) Radiological lampest to hises eher months of operaties.This data abaB be than man soported ha a manner that wGl permit the (8) Radiological maaltering proyama.
segulatory agency to esaSem the pre occupational and operstlemal potengel manual redelles deoes to the (1) hapacts to eurtees and pubhc.
groundwetes both quahty and geestity:
tr) AB dele been the r " " " "and a
- 0) Environmental effects of eseddeote i
and monitertug - -
- emetreamental
=7 win she he (k) Evaluation of tauines===ag====*
embaitted for ease time pastede and alternatives la terms of reguietlana.
gr,quency.no date wGlbe reported is (2)N States are encouraged to a==- that wGl eDow the regulatory examine the need to expand the scope.
agency to esaform the does to resorters.
of the assessnest late etbar areas such as:
May 29,1992 (teset)
PS-AG-4
)
2 1
l'.
E j
gaa-iak. wo
- o. uni as M r. - - i.re. des d ae.
l regulatory requirements of to CFR part indicator for Quality of.
j et and the experience of States with Planning. Bhnois sugented -
J 4
j low-leulradioactin waste regulatory. the present indicator had the flexibility
. %e guidance is considerm. a nessenary and the proposed revision 1
mible enough to be used in the.
/ ornated ambiguity.%e==i== ion
- ]
r review of low-level radioactive weste -
and has dropped the proposed -
i disposal control propane which 23 tesorevision.
p57 PR asses predated to CFR part et.
One State sugested deleting the -
i puhashoe5/3B/93 Eight --ts were received from proposed addition to the Sudget i
i Esasehe Slas/st Ayeoment States, two from non-.
laecator on maintaining adequate Ayeement States, two frase utilities and for the ACP L j :t the life three na=-to from public laterest of the 11W disposal facihty as l
letC Moview of Agreement State poups. A copy of the consoants and an - y. D e ra i==ia= disagrees j
Reestion Control programs: ptnel NRC staff summary and analysis of ~
based on experience where funding.
j eeneral Statement of posey nam-te are available in the NRC levels based on waste volumes resulted j
l Public Document Room.
la uninetiSed loss of funding and staff. '
)
' For the d==ag====t indicator, a l
a aoency: Nuclear Regulatory Commenters on the Status and Commission-Compedbihty of Regulatione inecator sugestion to add "besith physics" as a J
actioec Final general statement of.
stated the view that compatibility da=e'r15== for the Project Manager was
.i policy.
should be interpreted to allow States to adopted but a sagestion to delete the
]
i estabheb more restrictive standards.
Ptoject Manager was not because of the aussasany: The Nuclear Regulatory h r==lanian is considering this.
- look of a designated project manager -
Commission is revising its general issue as a separate matter.%is revleien would binder timely inconsing action.,
statement of policy on "Guidehnes for d theydehnes supplements and
. Elinois aa=-tod that the indicator.
1 for Office Egno===t and Support
-I NRC Review of Agreement State
,o
- the current guidelines, and r
j Radiation Control Programs." This altboigh two States opposed the Services be broadened to include a i
revnions, the m==i==a= concludes
===ag====t system to organies and j
j statement of policy informs the States e
and the public of the criteria and that they are seeded now. Additional control the documents assaciated with.
guidelines that the Commission intends changes, as appropriate, will be made to' the licensing of all radioactive material.
l to use in its periodic evaluations of the guidehnee once timra==i==i=
and not just low-level radioactin waste.
Agreement State programs. Most of the makes a final decision on the general De Comunission ayees with this :
revisions are related to regulation of matter of compatibility..
osaunent..
low-level radioactive waste cosamentere raised the leeue of the A comument advocating deletion of the -
management and disposal.
authority Ayeoment States beve at the r=aa====dation that States provide the speecTrva eats:May 28.1seg.'
este of waste generation by pew ta opportunity for bearings for major 11W j
the State who are not Ayeeseent State disposal site hoensing actions was not
-l pon rustruen nIPonesaftold o0erraff:
2 hoenews.his issue is adequately -
adopted.Pubhc involument is.
Kathleen N. Schneider, Office of State insportant.%e m=taaion notes that j
e addressed in other alteria and in 10 Programs. U.S. Nuclear Regulatory CFR part 180.Except as they relate to the nature of such bearings would be j
Commission. Washington. DC 20s85, confuct of interest leones, acdvides actated by State administredw j
Telephone:30t-806-2320.
stenuming been the State's role as site.
procedures.
4 supposeuran momensation: On deve
, boet State, compact member.
~ A common concern among many~
i
. or owner are outside the soape of. somsoenters was the extent to which '
i March 23.19eo (55 FR 10:51) the NRC published in the Fedomi Regleter this pohey statement.%ese guidall===
staff resourose must be RCP staff and j
propoemd revisions to its General deal only with the State's angulatory when they may be outside the RCP. A i
Statement of Pohey." Guidelines for preyam under section EM of the Atounic parenthetical addition to the i
NRC Review of Agreement State Snorgy Act.
Quahfications of Technical Staff and the Radiation Control Propass." laterested Many of the comuments ted existing language in the Contractual.
persons were invited to submiit written adstional Amwikility or of detail.
Support indestor abound imip clarify -
comments on the proposed revised With to flexibihty, the guidelines that there is extensive flexibility so long j
policy statement.%e comment period are just t, and judpnent is to be used as the renomoes and expertise are expired May 22.153. Fifteen written in theg, imps eauen.Further,many available.
1 comments were reestved. After review of the ladicatore are expressed in terme De StalBag levelindicator was one and evaluation af Sin commente, the -
of"abould" te emphastes flexibility. It h of the more controversial. Two States Commiselon bas senateded the revisions always a chatt-gar to achieve the expsessed the view that the nature of.
can be published sa a Smelgeneral proper mix between, ;ormance the operations and the site could result statement of polley.
objectives and details in any such in an adequate lesser staffnns lent than -
The NRC revleien to its General da===t and the decision te. in the the bemaham of a to 4 professional -
Statement of Policy "Gukielines for NRC final analysis, a lodyment on!!. With :
tombnical person-years proposed. The r===i=='a=
that there may be -
Review of Agreement State Radation respect to sportfle flexibihty concerns Control
" specifically raised by the comissenters and emobcesse has added language to addresses review of State proyees sugnetions offered but not adopted as nomskler site activities on a case-
- ' " or outside - specific basis.%e %==6== ion also :
r which regulate the disposal of low-level too presortptive.ftate's authority or with commenters that more than '
radioactive weste in permanent disposal the scope of the facilities.The redelon also addresses responsibihty as an Ayeoment State, a
of a to 4 may be needed in -
packaging. treatment, storage, see the detaued staff analysis, which is - some onees, but views the language as -
processing. and transportation of low-available in the NRC Public Document
=fEwantly flexible to address higher -
level radioactive waste.De final Room.
levels. A parenthetical addition also PSAG7 MBF886 # 82
-rmv
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.b
.,re,,,,.,,-,.-.,,7
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, w opre i p-g==
,y-,-gi,-e.,%r.,
POUCY STATEMENTS i
responds to commenters questions by Nuclear Regulatory Commission (NRC). functions within the program element.
clanfying that the 3 to 4 person-year under which the States assume (c) guidelines which delineate specific j
level for ILW disposal site regulation regulatory authority over by-product.
objectives or operational goals under i
does not include the baseline staff for source, and small quantitles of special uch indicator.
the basic RCP. The proposed nuclear materials collectively referred 4
explanatory text referring to the staffing to as agreement materials.he Cokgodes opn6 cows 1
levels that would be needed for review mechanism by which the NRC Re indicators listed in this document as an example of a peak activity period discontinues and the States assume cover a wide range of program has been deleted. consistent with other regulatory authority over a ment functions, both technical and decisions on level of detail.
materials is an Agreement tween the administrative. it should be recognized Three comments were received Governor of a State and the that the indicators and the guidelines regarding the Training indicator. Illinois Commission. Before entering into an under each indicator, are not of equal recommended broadening the indicator Agreement, the Governor is required to importance in terms of the fundamental to state that Radiation Control Program certify that the State has a regulatory goal of a radiation control program i.e.,
staff should be afforded opportunities program that is adequate to protect the protection of the public health and for training that is consistent with the public health and safety,in addition the safety. Themfore, the indicators are need of the program.The Commission Commission must perform an categorized in terms of their importance also agrees with this recommendation.
Independent evaluation and make a to the fundamental goal of protecting the Minor word changes made include finding that the State's program is public health and safety. Two categories deleting " timely" from the Contractual adequate from the health and safety are used.
Assistance indicator, replacement of the standpoint and compatible with the Category I-Direct Bearing on Health phrase " current regulatory guidance" Commission's regulatory program, and Safety. Categosy I Indicators (and with the phrase " State licensing Current Guidelines
- D*"
""I' "I "
O'Y ""
requirements" in the Technical Quality a part) are:
of Licensing Actions indicator, and In 1% the Commission published a
- !agal Authority (lagislation and deletion of " minimum approval major revision of the guide for review of Regulations) standards" from the Licensing Agreement State programs (who earlier
- Status and Compatibility of Procedures.
mvisius mflected primarily minor and Regulations (Legislation and The Commission directed the staff to editorial changes). hoe Guidehnes Regulations) evaluate NRC's LLW program against constitute Commission policy in the
- Quality of Emergency Planning the proposed revisions. Although no form of a document entitled "Guidehnes (Management and Administration) changes in the guidelines were for NRC Review of Agreement State a hchnical Quality of Licensing recommended by the task force which Radiation Control Programs." his Actions (Licens' )
conducted the evaluation the document provides guidance for
- Adequacy of uct Evaluations Commission concludes that the task evaluation of operating Agreement State (Licensing) force findings shew the need to amend programs based on over 20 years of
- Status ofInspection Program the guidelines in one area in order to combined AEC-NRC experience in (Compliance) provide the States with the same admWstering the Agreement State
- Inspection Fmquacy (Compliance) flexibility the etaff plans for itself.The Program. In 1965. Commission staff
- Inspectors' performance and text for the indicators Laboratory initisted minor updating, clarifying and Capability (Compliance)
Support and Confirmatory editorial changes reflecting the
- Response to Actual and Alleged Measurements have been modified to experience gaimd with the test policy lacidents (Compliance) provide additional flexibility for access stamment. bee changes wm
- Enfamment Produms to nonradiological testing pmmulgated in jum 1987.
$mnphance)
In addition, the Commission added In tees, the Commission staff initiated Nee indicators address primary clarifying sentence to the indicator for mde ons to b Mew Guidehnes e funedone wWeb dimetly mlag staffing level to indicate that the RCP improve myiews of State story to State a ability to protect the pubhc should have at least two professionals pmgrams la b hoeal o lowhl M a M sa W H @ cant available wi6 training and experience radioactive weste.He revised problems exist in one or more Category I to operate the RCPin a way which document will be used by NRC in its indicator areas then the need for p
a co nme cowage ami review of those State programs which improvements may be critical en ty.
m two professionals regulate the disposal of low-level.
lagislation and regulations together available to operste RCP should not be radioactive weste in ont disposal form the foundation for the entire facilities. it will also used to propam establishing the framework for supmimy a managemmt pancanal strengthen the review of State programs the licensing and compliance program.
Guidehnes for NRC Essieur af which regulate other aspects of he techalcal review oflicense Agreement State n.dn.sn== Commel radioactive weste management, such as applications is the initial step in the Programs.195 packaging, treatment, storage and regulatory process. De evaluation of Introduction transportation.
applicant qualifications, fec!!ities.
De "Guldehnes" contain six sections, equi t, and procedures b b Section 274 of the Atomic Energy Act each deaung with one of the essendal wry pcy is mandafto assure was enacted by the Congress in less to elements of a radiation control program protection or the public from radietion recognize the interests of the States in (RCP) which m Imgisladon and hasards assockkd wie se pmposed atomic energy, to clarify the respective Regulations. Organisation. M nt activities. Assuring that licensees fulfill responsibilities of State and Federal and Mmwatranon, personnel, the commitments made in their Govemments, and to provide a mechanism for State to enter into formal Licensing, and Compliance. Each section applications and that they observe the contains (a) a summary of the general requirements set forth in the regulations agreements with the Atomic Energy Comrmssion (AEC), and later the significance of the program element. (b) are the objectives of the compliance indicators which address specific program.no essential elements of an j
i I
i 1
i
POUCY STATEMENTS adequate compliance program are (1) willindicate that the program is matter of judgment on the part of the the conduct of onsite inspections of adequate to protect the public health licensing staff.The success of a State licensee activities. (2) the performance and safety and is compatible with the program in meeting the overall objective of these inspections by competent staff.
NRC's program. If one or more of the indicator does not depend on and (3) the taking of appropriate significant Category I comments are liberal adherence to each recommended enforcement actions. Another very provided, the State will be notified that guideline.
important factor is the ability to plan the program deficiencies may seriously The " Guidelines for NRC Review of for. respond effectively to, and affect the State's ability to protect the Agreement State Radiation Control investigate radiation incidents.
public health and safety and that the Programs" will be used by the NRC staff Category II-Essential Technical and need for improvement in particular during its onsite reviews of Agreement Administrative Support. Category 11 program areas is critical. De NRC State programs. At least once each year.
Indicators (and the Program Elements of would request an immediate response.
there win be onsite communication which hey are a part) are:
If. following receipt s.nd evaluation, the between the NRC staff and each State
- Iocation of Radiation Control State's to sponse appears satisfactory in either as a result of a routine review or a Program Within State Organization.
addnesing the significant Category I review site visit. A routine review is a (Orgamzation) comments, the staff may offer findings total assessment of each Agreement
. Internal Organization of Radiation of adequacy and compatibility as State program and is conducted at least Control Program. (Organization) appropriate or defer such offering until biennially. A review visit is a trip to the
. Legal Assistance.(Organization) the State's actions are examined and Agreement State to assess the State
. Technical Advisory Committees, their effectiveness confirmed in a program. Additionalcontacts may also (Organization) subsequent review. If additional be made through special or follow-up
. Contractual Assistance.
information is needed to evaluate the reviews.
(Organization)
State's actions, the staff may request the in making a finding of adequacy, the
+ Budget. (Management and information through follow-up NRC considers areas of the State 4
Administration) correspondence or perform a follow uP program which are critical to protection
. Laboratory Support. (Management or *Pecial, hmited review. NRC staff of the public health and safety.For and Administracon) may hold a special meeting with example, a Stata that is not carrying out
. Administrative Procedures.
appropriate State representatives. No its inspection program. or fails to (Management and Adn.inistration) significant items will be left unresolved respond to significant radiological
+ Management. (Management and over a prolonged period. If the State incidents would not be considered to Administration) program does not improve or if have a program adequate to protect the
+ Office Equipment and Support additional significant Category I public health and safety. Basic radiation Services. (Management and deficiencies have developed, a staff protection standards, such as exposure Administration) finding that the program is not adequate limits, also directly affect the State's
- Public Informatfort. (Management will be considered and the NRC may ability to protect public health and and Administration) institute proceedings to suspend or safety.no NRC feels that it is
+ Qualifications of TechnicalStaff.
revoke all or part of the Agreement in important to strive for a high degree of accordance with Section 274j of the Act.
uniformity in technical definitions and (Personnel)
The Commission will be informed of the terminology, particularly as related to
+ Staffinglevel.(Personnel) results of the reviews of the individual units of measurement and radiation
+ Staff Supervision.(Personnel)
. Training. (Personnel)
Agreement State programs and copies of dose. Maximum permissible doses and
. Staff Continuity. (Personnel) the mytew correspondence to the States levels of radiation and concentrations of a Licensing Procedures. (Licensing) will be p,iaced in the NRC Pubhc redioactivity in unrestricted areas as Document Room, specified in to CHL part 20 are
. Inspection Procedures.
(Compliance)
Category II comments concern considered to be important enough to
+ Inspection Reports. (Compliance) functions and activities which support require States to be essentially
- Confirmatory Measurements.
the State program and therefore would equivalent in this area in order to not be critical to the State's ability to protect public health and safety. Certain (Compliance)
These indicators address program protect the public.ne State will be procedures such as those involving the functions which provide essential asked to respond to these comments and bcensing of products containing the State's actions will be evaluated radioactive materialintended for technical and administrative support for the primary program functions. Good durm, s the next regular program review.
interstate commerce, also require a high performance in meeting the guidelines It should be recognized that the degree of uniformity. If no serious for these indicators le essentialin order categorization pertains to the performance problems are found in an to avoid the developenant of problems in significance of the overallindicator and Agreement State program and if its one or more of the prtsaary pmgram not to each of the guidelines within that standards and program procedures are functions, i.e., those that fall under indicator. For example. Technical compatible with the NRC program. a Category Iindicators. Category II Quality of Licensing Actions"is a finding of adequacy and compatibility is indicators frequently can be used to category I tadicator.The review of made.
identify underlying problems that are license applications for the purpose of it should be noted that the categories causing. or contributing to, difficulties in evaluating th. applicant's qualifications, ofindicators, and the significance Category I indicators.
facilities, equipment, and procedures is thereof, apply equally to the regulation -
It is the NRC's intention to use these essential to assuring that the public of uranium and thorium recovery and categories in the following manner. In health and safety is being protected.
associated wastes: low-level radioactive reporting findings to State management. One of the guidelines under this waste management: as well as the the NRC willindicate the category of indicator concems prelicensing visits.
overall redistion control program. Any each comment made. If no significant ne need for such visits depends on the differences in the guidelines for review Cetegory I comments are provided, this nature of the specific case and is a of uranium mill tailings programs or PS-AG.9 May 29,1992
i t
POUCY STATEMENTS low-level weste programs are specified certain other parts), part 81 (technical lines of communication and
)
within the individual program elements.
definitions and requirements, administrative control between these Program Element: legislation and performance objectives, financial offices and the central office (Program Regulshons assursaces) and those required by Director) should be clearly drawn to UMHCA. as implemented by part 40.
Provide uniformity in licensing and The effectiveness of any State
. The State should adopt other inspection policies, procedures and radiation control program (RCP)is regulations to maintain a high degru of supervision.
. dependent upon the underlying authority uniformity with NRC regulations.
granted the RCP in State legislation. and
. For those regulations deemed a legal Assistance (Category II)
I implemented in the State regulations.
matter of compatibility by NRC, State
- !agal staff should be assigned to Regulations provide the foundation upon regulations should be amended as soon assist the RCP or procedures should which licensmg. inspection, and as practicable but no later than 3 years. exist to obtain legal assistance enforcement decisions are made.
- h RCP has established
'KPeditiously.14 sal staff should be Regulations also provide the standards procedures for effecting appropriate knowledpable regarding the RCP and rules by which the licensee must amendments to State regulations in a program, statutes, and regulations.
operate. Periodic revisions are timely manner, normally within 3 years Technical Advisory Committees necessary to reflect changing of adoption by NRC.
(Category II) technology, improved knowledge,
. Opportunity should be provided for current recommendations by technical the public to comment on proposed
- TechnicalCommittees. Federal advisory groups. and consistency with regulation changes (Required by Agencies, and other resource NRC regulations. Procedures los UMTRCA for uranium mill regulation.)
organisations should be used to extend providing input to the NRC on proposed
- Pursuant to the terms of the staff capabilities for unique or changes to NRC regulations are Agreement, opportunity should be che prob ems.
t necessary to assure consideration of the provided for the NRC to comment on 7
State's interests and requirements. ne draft changes in State regulations.
Committee should be used to provide i
public and. in particular affected broad guidance on the uses of classes oflicensees sheuld be granted Program Element: Organisation radioactive drugs in or on humans.h the opportunity and time to comment on b effectiveness of any State RCP Committee should represent a wide rule changes.
may be dependent upon its location spectrum of medical disciplines. The Indicaton and Guidelines within the overall State organlaational Committee should advise the RCP on structure.De RCP should be in a Policy matters and regulations related to Legal Authority (Category 1) position to compete effectively with use of radioisotopes in or on humans.
- Clear statutory authority should other health and safety programs for
- Procedures should be developed to exist. designating a State radiation budpt and staff. Program manapment cgg control sgency and providing for must have access to individuals or Committees are advisory. nis does not promulgation of regulations. licensing.
groups which establish health and th e m u h n of b
)
ud m m M d m m ed
- St es r stin uram m or od to t a ve a high
,],,n tn thorium recovery and associated westes degree of efficiency in supervision work pursuant to the Uranium Mill Tailings functions. and communications.
Contractual Assistance (Category II)
Radiation Control Act of 1978 Indicators andCu/delines
- Because of the diversity and (UMTRCA) must have statutes enacted to establish clear authority for the State Location of Radiation Control Program complexity of low-level radioactive to carry out the requirements of Within State Organisation (Category II) waste disposal Ucensing and mgulatiom States regulating the disposal of low-UMTRCA.
- h RCP should be located in a level radioactive waste in permanent
- States regulating the disposal of State organisation parallel with disposal facilities should have low-level radioactive waste in comparable health and safety programs. procedures and mechanisms in place for permanent disposal facilities must have
& Program Director should have acquisition of technical and vendor statutes that provide authority for the access to appropriate levels of State services necessary to support these issuance of regulations for low-level manapment.
functions that are not otherwise waste management and disposal. N
- Where regulatory responsibilities available within the RCP.
statutes should also provide regulatory am divided between State agencies.
- De RCP should avoid the selection program authority and provide for a clear understandmge should exist as to of contractors which have been selected system of checks to demeestrate that division of responsibilities and to provide services associated with the conflicts ofintenst between the requirements for coordination.
Lt.W facility development or opeations, e
Puent nd op hell internal Organisation of Radiation Program Element: Management and occur.,er tio Contml Program (Cateson H)
Adininiswation Status and Compstibility of Regulations
acceptable degree of staff efficiency.
direct leadership at alllevels of
- The State must have regulations place appropriate emphasis on major supervision. Administrative procedures essentially identical to to CFR part 19.
program functions, and provide specific are necessary to assure uniform and part 20 (radiation dose standards.
lines of supervision from program appropriate treatment of all regulated efiluent limita. waste manifest rule and manapment for the execution of parties. Procedures for receiving program policy.
information on radiological incidents, me imi of wper.non 4 s wperem es===)
- Whem mgional offices or other emergency response, and providing should be determmed for each State mdmdually.
government agencies are utilised. the information to the public are necessary.
May 29,1902 PNG-10
POUCY m t
i procedures to provide feedback to support, preparation of correspondence Management (Category !!)
l supervision on status and activities of office equipment. hearing costs, etc., as
- Program management should f
the RCP are necessary. Adequate appropriate. States regulating the receive periodic reports from the staff i
facilities, equipment and support disposal oflow-level radioactin waste. "" ** '** d "8"I*'"Y **U'"'
services are needed for optimum facilities should han adequate N
- ' I"9 'I""'
i utilisation of pereennel resources.
budgetary resources to allow for "8'I*
I-i Laboratory support services abould be changes in funding needs during the administered by the RCP or be readily Lt.W facility life cycle. After.
- RCP management should i
available through estabushed appropriations, the sources of program periodically aseees workload tmnds, administrative procedures.
funding should be stable and protected moources and changa in legislaun and 1ues mcast In order to meet program goals a from competition from or invasion by p g Pons
,g, State RCP must have adequate other State programs.
- " *g g"8' Principal operating funds should be i
budgetary support. Se total RCP budget must provide adequate funde for from sources which provide continuity
- program management should malaries, trevel costs associated with the and reliability i.e. general tax. license perform reviews of selected license -
cases handled by each reviewer and 2
comphance program. laboratory and fees, etc. Supplemental funds may be m a mg x icuon f
survey instrumentation and other obtained through contracts, cash grants, gpment, contract services, and other etc.
g g
$udge m Laboretory Support (Category II) large scope-Type A Broad, potential for t senect anna h
%e RCP should have laboratory signincent mieuw to se environmuO the number and complexity of applications andlicenses, and the support capability in house. or readily. ehould receive second party review co an0
!,uPeyviewy cami 4
i increase in costs due to normal inflation. available through established cond" ' blossesys r* Ports andenforcement actions shall j
Indicarors andGuidelines
,,"",'y'*,,,ntal__
andyse Quality of Emergency Planning samples collected by inspectors, etc. on _ also be per! wad.
(Category I) a priority established by the RCP.
- For the implementation of very in addition. States regulating the complex hoensivenona. such as intual
- N State RCP should have a
""""""'I"'. Scean renmals and 1
disposal of low-level radioactive waste written plan in response to incidents at facilities in permanent disposal facilities ' bconsing acWns associated wie a tw-licensee facilitia which takes into should have access to laboratory level redir. active waste disposal facility, account such incidents as spills, nadon accidena. suppon for rs&ological and non, there sivaild be an overall Project j
]
onmpaum. Y.
radiological analyses associated with :
Manap<a rwponsible for the m MxpMn etc.
i the licensing and regulation of low-level coord%ation and compilation of the
- De P an should define the wuk &spoul,inclueng aus houng, diverse technical reviews necessary for l
moung of environmenkt me&a',moung. the completion of the l responsibilitiu and actions to be taken by Stete agencies.no plan should be og,,,in,,
p,,,,,,3,,,g,,,
De Project Manager should have specific as to persons responsible for pukagw w w w fw as,and medag training or experience in one or more of
'i initiating moponse actions, conducHas of other engineering materials used in to main disciplines related to the operations and cleanup.
the $sposal M low-levd redmedw technical reviews which the Project i
- Entgency communication waste. Access to laboratory support
. Manager will be coordinating such as
.l procedures should be adequately -
should be available on an "at needed" beale physics, enginwing. earth science or environmental science.
established with appropriate local, basis for nonradiological analyses to :
county, and State agencies. plans abound conRrmlicensen' and appDeants-
- When regional offices or other be distributed to appropriate pereces programs and con &done for.
government agencies are utilised, i
and agencies. NRC should be provided nonradiological testing abound be.
program management should conduct the opportunity to comunent on the plan prucribed in plans or p--- _ L.
Periodic audits of these offices, while in draft form.
- b plan should be reviewed Administmun Procedures (Category H) t W Suppon Senim annually by Propam staE for adequacy
%e RCP ebould establish written -
and to determine that content is current. internalpohey and administrative.
- h RCP ebould have adequate periodic drule abanid be performed to uros to assure that prepas secutarial and clerical support.
test the plan.
ons are carried out as utred and Automatic typing and Automatic Data Budget (Category E)
. to provide a high degree of ty Prosseeing and strieval capsbuity and continuity in regulatory pracdoes.
should be available to larger (greeter
- Operating fonds abound be authcient new gt----
_ should address then soMoo licenses) programs. Similar to support program needs such as staf internal processing oflicense services abound be available to regional trevel necessary to the conduct of an applications. Inspection policies, olBoss. if utilised.
effective comphance program. including deconuniesioning and license
- States aboeleibeve a license routine insoections, follow-up or special termination, fee collection, contacts with ht management system that is inspections (including pre-licensing conununication media, confhet of capable of organlains the volume visite). and responses to incidents and interest policies for
&versity of materials===adated with -
other emergencies, instrumentation and emW.informaddn and other andinspection of radioactive other equipment to support the RCP.
functions required of the program.
me administrative costs in operating the Administrative F-f ___ are in '
- Profesionalheensing, inspection.
program including rental charges.
addition to the technical gn f __ _
and enforcement staf should not be printing costs. laboratory services. -
utilised in heensing, and inspection and used for fee collection and other clerical computer and/or word processing enforcement.
duties.
3!'!
I PNG11
-. lasy E W r
m o.
~.r.
w r. - ",
. ~ - -
-.b--,-
.e,.
- ~ -. -. -
POUCY STATEMNTS Public Information (Category II) mechanical engineering, geology.
Training (Category II)
- Inspection and licensing files should hydmlogy, and other earth science, and
- Senior personnel should have be available to the public consistent envir nmental science. In both types of 28 riaI8. 818 rainin8 and experience attended NRC core courses in licensing with State administrative procedures. It is desirable. hw.ever, that there be guidehnes spply to available contractors orientation. inspection procedures, provisions for protecting from public and resources in State agencies other medical practices and industrial disclosure propnetary information and than the RCP.
radiography practices.
- ne RCP should have a program to information of a clearly personal nature.
- Written job descriptions should be utilise spw.ific short courses and
- Opportunity for public hearings prepared so that professional should be provided in accordance with qualifications needed to fill vacancies workahope to maintain an appropriate UMTRCA and applicable State can be readily identified.
level of staff technical competence in areas of changm' g technology, administrative procredure laws during Staffing 14 vel (Category D)
- The RCP staff should be afforded the process of major licensing actions associated with UMTRCA and low level
- Professional staffing level should be opportunities for training that is consistent with the needs of the radioactive waste in permanent disposal 3$
hy,pem s
a" n
mus ot facilities.
have las than two professionals Staff Continuity (Category II)
Program Element: Personnel available with training and experience
- Staff turnover should be minimized The RCP must be staffed with a to operate the RCPin a way which by combinations of opportunities for sufficient number of trained personnel.
provides continuous coverage and training, promotions and competitive The Ii "'
'i continuity.The two professionals salaries.
available to operate the RCP should not
- Salary levels should be adequate to and the con uct fi sp cti equ staff with in-depth training and be supervisory or management recruit and retain persons of a propriate experience in radiatiori protection and Pe m nnet pmfeuional quaMcations. Se anu related subjects. In addnion. in States
- For States regulating uranium mills should be comparable to similar j
regulating low-level radioactive waste and mill tailings. current indications are employment in the geographical area.
facilities the RCP should be staffed with that 2-2.75 professional person-years of a ne RCP organisation structure individuals with training and experience effort. Including consultants, are needed should be such that staff turnover is in situ mille) or major renewa(. to meetto process a new milllicense including minimised and program continuity in engineering earth science and environmental' science.The staff must l
maintained through opportunities for be adequate in number to anure requirements of Uranium Mill Tailings promotion. Promotion opportunities licensing, inspection, and enforcement Radiation Control Act of1973.
should exist from junior level to senior actions of appropriate quality to assure
- States which regulate the disposal level or supervisory positions. There protection of the public health and oflow-level radioactive wastein also should be opportunity for periodic safety. Periodic training of existing staff permanent dispaal facilities should salary increases compatible with is necessary to maintain capabilities in allow a basehne RCP staff effort of 3 4 experience and moponsibihty.
a rapidly changing technological pmfasional kchnical person-years (in environment. Program management addition 2 the two profesionals for the Program Element: Licensing i
I personnelinust be qualified to exercise basic RCPindicatea in the first bullet of It is necessary in licensing by product.
adequate supervision in all aspects of a this indicator). However. In some cases, source, and special nuclear materials State radiation control program.
the level of site activity may be such that the state regulatory agency obtain that a lowerlevelis adequate, information about the proposed use of Indicators and Guidelines parucularly if contractor support is on nuclear materials. facilities and Qualifications of Technical Stan call in any event, staff resources should equipment, training and experience of.
(Category II) be adequate to conduct inspections on a personnel, and operating procedures routine basis d operations of the appropriate for determining that the
- Professionalstaff shouldhave LLW facility,inct inspection of
- Pplicant can operate safely and in bachelor's degree or equivalent training in the physical and/or life sciences.
incoming shipments and Econsa site compliance with the regulations and Additional training and experience in activities and to respond to emergencies hoense conditions. An acceptable mannelated with the site.
18masias program includes: preparetion radiation protection for senior personnel of peak activity additiona% priode and use ofintamallicensing gu l stan or including the director of the radiation specialty consultants should be Policy memoranda to assure technical protection program should be available on a timely basis.
quality in the limnsing program (when commensurate with the type oflleenses appropriate. such as in small piograms, issued and inspected by the Beste. For Staff,7 -on(CateswyII)
NRC Guides may be used): consultation States regulating uraniums adBs and mill
- 4 personnel should be and prelicensing inspection of complex tailings, staN training and experience adequsIts to provide guidance and facilities (e.g waste disposal sites.
should also include hydrology, geology.
review the work of senior and junior mills,irradiators, etc.); and the i
and structural engineering.* For personnel.
implementation of aniministrative programs which regulate the disposal of low level radioactive waste in
. Senior personnel should review procedures to assure documentation and i
permanent facilities, staff training and opp;hcations and inspect heensamaintain adequate files and records.
experience should include civil or
-- t tly, monitor work of junior Indicotore andGuidelines personnel, and par 6cipate in the establishment of policy.
Technical Quahty of Licensing Actions
- Aadmonal sedance i. pmid d in the cmwie tw weance or stai e end Nuc in Disca***""
- Junior personnel should be initially (Cateswy I) lianited to reviewing license applications
- De RCp should assure that
$ $ ort Ne N Y Eress.
and inspecting small programs under essential elements of applications have asses. and es m saars).
close supervision.
been submitted to the agency, and that May 29,1992 PSAG13 i
k y '..
j POUCY SUnWNTS 1
1
)
these elemments meet current regulatory Licensing Procedures (Category II) licensee cosapliance with State.
J guidance for describing the lootopes and
. The RCP should have internal mguleum and license condidons.h g
1 quantities to be used, qualineations of heensing guides, checkhet, and pohey inspecuon program in all States should i
persons who will use meterial, facilities memoranda consistent with current '
wesw genersoon activities undw the provide for the inspecuon of homew's 2
and equipment, and operating and NRC practice.
I emergency procedures sufHcient to e in States which regulate the Stak's Wcdor l
establish the basis for licensing actions. disposal of low-level radioactive weste
.* In lates which regulate the -
j Additionally, in States which regulate in permanent disposal facilities, the RCP deposal oflow-imi rasoecow wask 9
the disposal of low-level radioactive should have program specinc licensing in permanent disposal facilities. the RCP -
4 waste in permanent disposal facilities, guides, plans and procedures for license should include provisions for pre-
.j i
the RCP should assure that essential review and policy memoranda which opweuonal.opwouonal,and post -
i elements of waste dispoest applications relate to spectSc aspects of waste
- Pwetionalfacui inspecuons.h
]
j meet State Econsing requirements for disposal. The program abould include inspecdons coveraH i
weste product and volume, the preparation or safety evaluation elements Qare relevant at time j
qualincations of personnel facilities and reports, product certincations, or similar d **
_ -- and be pufamed
_r
@Infdd
]
equipment. opereting and emergency documentation oflicense review and ;
imPec6
[d j
procedures. financial qualiScations and approval process.
aneurances, closure and License applicants (including
~'
decommissioning procedures and ePplicants for renewals) should be jthe pendon of the LLW facility.
institutional arrangements in a manner furnished copies of apphcable guides I
sufRcient to estabhoh a basis for and regulatory posideas.
ship===h vium j
licensing action. Licensing activities
- The present comphance status of
- h RCP should maintain statistics
]
should be adequately documented cenens should be==
'ed in whih deqm W %
1 Management to assoas the status of the i
including safety evaluation reports, ce g cdone inspecdon proyam on a perioec basis.
J j
Product certifications or similar j
documentation of the license review and iniwmadon proyam. evhuon dem. Information showing the number of g
g M ~ons conducted the number.
/
- PProval process ~
ausorking detr den 2 general overdue, the length of time overdue and j
- prelicensing visite should be made licensees should be subadtted to NRC se prierny categoria should be madly j
for complex ano major licensing actions. on a timely basis.
avanable.
j
- Licenses should be clear. complete.
- Standard Scean coneum.
- At least es=ta====1 i==p=aiaa and accurate as to lootopes, forms.
comparable with current NRC standard dwuld be does for se amabw quantities, authortmed uses. and beense con &does abodd be used g.
ofinspections to be, k : _.
I porouselve or restrictive conditions.
expedite and provide uniformity la the
""'8""""" " ***E" ', I""u*n'cados' of I 888II
- The RCP should havs - '
licanaine
==ip===au to regions iden for reviewing licenses prioUto ren el
- Files in maintainedin an special needs and odic status.
to assure that supporting information in orderly fashion to aDow fast, accurate mport.When be occur,ee-.
the file reflects the current scope of the retrieval ofinformation and propen should develop and implement beensed proyam.
documentation of discussions and 'visite. a plan to reduce the becklog. The plan '
should identify priorities for inspections Adequacy of Product Evalmenone Preysm Element: r a pita =
and establish target detes and (Causory0
. persomei p.,.i oflicensed milestones for assessing proyees
- RCP evaluations of====factures operstleas are essential to aneure that laspecuan phquency (Category ()
or distributor's data on sealed sources
- ' I"
- The RCP ebould establish an -
and devices outlined in NRC. State or hutremeau and wie good inspection priority system. The specdic appropriate ANSI Guides should be 8*0'*** g g,,,,,,,y frequency of '- -~
should be ufRelent to assure inteytty and safety based the potenual hasards of yg g
the idad of motorial.the type of operations es, major
- h RCP ebould review opwedes Rosaami, and es reedt d processors, and ladustrial reseysphere '
====facturer's lederasiles la labels and brochures relaties to redellen health provises i p ia== h capabibty of should be laspected appromhnetely malataisirs and retrievlag sudeucal
"""""U 's'm"a*y""be inspected less Y
' or less hasardous and safety.assey.eed calibration data en the status of the osmphemos operation F-M foredagnemy.
preyes is asesseery,h regdomry '
bequently.1he minimma inspection
- Approvaldesummets forsealed assacy emnet have the accessary legal frmluency, including lainal *,-"
source er deviese ague should be authority forfempt enferoament ofits-abould be ao less than the NRC system.
clear. complete and messate as to mgelations.une may inni=da es laspectors' performance and Capability lootoPee, forms, quantitles, uses.
appropriate, adelaistrative remeses.
(Category I) drewtag identinostions and pennisolve ordsee requiring annective acusa.
or restrictive osaditions.
==ap===ta= or revocation of liosases, the om epoten m
,,,g,,
g g
- Approval documents for radioecove of meterials, and the h dehemine comphance wie Suk waste pockages, maladineatica and imponies civil tw windmal penalties.
regdauens. Inspectore must -
stabuisadan moda, or other vendor huboseers andGuidelines demometrate to superviolon an for deposal be nossplete and 8"8 *Ilaspection preyam (Category Pecdos pie _r
- e. curate.s to.e use. ca,awh.co.
n haitations, and site spectSc restrictions
- State RCP ebound maintain an
- For the inspec6am oIcom' plex
===aalated with each product.
iaaPar*6a= preyes adequate to assoas licensed activities such as permanent N#
WE WM
poucy sWHAENTS low-level radioactive waste disposal matters identined during the inspection inspections including confirmatory
)
facilities, a multidisciplinary team and referencing the appropriate measurements, status of previous approach is desirable to assure a regulation or license condition being noncompliance and identify areas of the complete compliance assessment.
- violated, licensee's program which should receive The compliance supervisor (may be
- Enforcement letters should specify special attention at the next inspection.
RCp manager) should conduct annual the time pe-iod for the licemee to Reports should show the statue of field ev' luations of each inspector to respond indicating conective actions previous noncompliance and the results a
assess performance and assure and actions taken to prevent recurrence of confirmatory measurements made by application of appropriate and (nonnally 20-30 days). N inspector b inspector.
consistent poIicies and guides.
and compliance supervisor should review Ucensa respones.
Confinnatory Measurements (Category Response to Actualand Alleged
- Licensee responses to enforcement II)
Incidents (Cetegory 1) letters should be promptly Inquines should be promptly made acknowledged as to adequacy and
- Comfirmatory measurements should to evaluate the need for onsite resolution of previously unresolved be sufficient in number and type to investigations.
Items.
,,,,,, g3, g;c,,,,.s control of Onsite investigations should be
- Wduen procedures should exist for materials and to validate the licensee's promptly made ofincidents requiring handling escalated enforcement cases of measurements. In States which regulate i
the disposal of low-level radioactive
- Q 7did of material should bein waste in permanent disposal facilities.
reportmg to the Agency in less than 30 days. (10 CFR 20.403 types.)
For those mcidents not requiring accordance with State administrative access to testing should be available on reporting to the Agency in less than 30 procedures.
an "as needed" basis for confirming days, investigations should be made
, Opportunity for hearings should be licensees' and applicants' programs for i
dunng the next scheduled inspection.
prov ded to assure impartial measurements related to Onsite investigations should be administrative of h radiation control nonradiological aspects of facility promptly made of non-reportable
- program, operations such as soils and materials incidents which may be of significant inspection Procedures (Category !!)
testing and environmental sampling and analysis to demon wte compliance public interest and concern. e.g..
- Inspection guides consistent with with 10 CFR part 61 or cotr.patible t
tranrportation accidents.
current NRC guidance, should be used Agreement utste regulations and ensure Investigations should include in-by inspectors to assure uniform and facility performance. Conditions for depth reviews of circumetances and complete inspection practices and nonradiological testing should be should be completed on a high priontY provide technical guidance in the prucribed in plans or procedums.
basis. When appropriate. ;nvestigations should include reenactments and time-inspection of licensed programs. NRC
- RCPinstrumentation should be Guides may be used if properly study measurements (normally wtthin a supplemented by policy memoranda, adequate for surveying license few days). Investigation (or inspection) agency interpretations, etc.
operations (tg., survey meters, air results should be documented and
- Written inspection policies should samP1,,,3 h counting equipment for enforcement action taken when smesm en cation oHootopn. etch be issued to establish a policy for appropriate.
conducting unannounced inspections.
- RCPinstrumentation should include State licensees and the NRC should obtaining corrective action, following up the following types: GM Survey Meter, be notified of pertinent infonnation and closing out previous violations.
0-50 mr/hr. lon Chamber Survey Meter, about any incident which could be interviewing workers and observing several r/hr. micro-R-Survey meter, relevant to other licensed operations operations, assuring exit interviews with Neutron Survey Meter. Fast and (e.g., equipment failure. improper management. and issuing appropriate hrmal: Alpha Survey Meter. 0-operating procedures).
notification of violations of health and 1000.000 c/m: Air Samplers. Hi and Lo Information on incidents involving safety problems.
Volume: lab Counters. Detect 0.001 uC/
failure of equipment should be provided
- Procedures should be wtablished "iPe: Velometers: Smoke Tubes: Lapel to the agency responsible for evaluation for naintaining licensees' compliance Air samplers, of the device for an assessment of histories.
- Instrument calibration services or possible generic design deficiency.
- Oral briefing of supervisors or the facilities should be readily available and The RCp should have access to senior inspector should be performed appropriate for instrumentation used.
medical consultants when needed to upon return from non-routine Ucensee equipment and facilities should diagnose or treet radiation injuries. h inspections.
not be used unless under a service RCP should use other technical
- For States with separate licensing contract. Exceptions for other State consultants for special problemas when and inspection staffs, procedures should Agencies, e.g a State University, may needed.
be established for feedback of be made.
Enforcement Procedures (Category I) information to license myiews.
. Agency instruments used for
- Enforcement m 1-. should be inspection Reports (Category II) surveys and confirmatory measurements u
sufficient to provide a substantial
- Findings ofinspections abould be should be calibrated within the same deterrent to licensee noncompliance documented in a report describing the time interval as required of the licenne with reguls tory requirements. Provisions scope of inspections, subetantiating all being inspected.
for the levying of monetary penalties are items of noncompliance and health and Deted at Rockville. Maryland. nis 21st recommended.
safety matters, describing the scope of Day of May. tse2.
- Enforcement procedure letters the licensees' programs, and indicating should be issued within 30 days the substance of discussions with For the II.S. Nuclear Regulatory Commission.
following inspections and should licensee management and licensee's sammetI.CMt employ appropriate regulatory languas, response.
Secresaryof the Comminion clearly specifymg allitems of
- Report should uniformly and noncompliance and health and safety adequately document the result of May 20,902 P N G44