ML20062C839
| ML20062C839 | |
| Person / Time | |
|---|---|
| Issue date: | 07/31/1990 |
| From: | NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA) |
| To: | |
| Shared Package | |
| ML20062C841 | List: |
| References | |
| FRN-53FR49886, RULE-PR-CHP1 NUDOCS 9011020182 | |
| Download: ML20062C839 (35) | |
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1 REPORT ON COMPATIBILITY SURVEY OF STATE VIEWS t
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July 1990
(
l Office of Governmental and Public Affairs I
l 9011020182 900712 PDR ORG NGP2 PDC
1 i
4 REPORT QH COMPATIBILITY SURVEY
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EA21 l.
Background...........................................
1 11.
Scope................................................
2 t
111.
Approach............................
2 IV.
L eg al An a l y s i s.......................................
4 V.
Findings.............................................
6 VI.
Recommendations......................................
13 1
l Accendices A.
Section 274 of the Atomic Energy Act of 1954, as amended, on Cooperation with States B.
NRC Internal Procedur ' - Compatibility Guidelines C.
Legal Opinion on Compatibility Standards D.
Questionnaire Vsed for Survey Individual State Responses to Questionnaire E.
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BIPORT ON COMPATIBILITY SURVEY I.
BACKGROUND Concerns have been raised at the SES conference, by the staff, and the States on compatibility.
Three issues of concern are:
1)
Whether the concept of compatibility is synonymous with " identical".
Of particular concern are instances where a State proposes to adopt more stringent standards or a standard where there is no NRC l
counterpart.
2)
Is there unnecessary proliferation of NRC regulations thst are matters of compatibility?
3) is three years sufficient time to complete requirerrants involving l
State legislative actions?
To answer these and any related issue, action was taken by the Director, GPA, to have a survey conducted of States' views on the impact of NRC compatibility requirements.
This reports the results of the survey.
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11.
SCOPE The focus of the survey was limited to compatibility aspects of the Agreement State Program.
Views were obtained from a sample of state personnel and NRC staf f, both in headquarters and in the regions, who are knowledgeable of i
and/or involved in the Agreement State Program.
Initially, the survey was to include only about six State representatives.
However, as States heard about the survey, they asked to provide their responses and the surveyors agreed to include their responses.
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No licensee views were solicited. Recent correspondence on the interpretation of compatibility requirements was used as a reference for the legal analysis.
The survey was not used as a mechanism to defend any NRC positions or to evaluate or reconcile the States' perceptions about compatibility.
III.
APPROACH To gain appropriate history and background on the compatibility aspects of the Agreement State Program, a brief review was made of various documents including Section 274 of the Atomic Energy Act of 1954, as amended (Appendix A), NRC compatibility guidelines (Appendix B), and legal opinions pertaining to compatibility (Appendix C).
A questionnaire was developed containing sixteen questions relating to compatibility, with particular focus on three issues: (1) compatibility vs identicality, (2) proliferation of compatibility l
2 Y
i 111. APPROACH (Cont'd.)
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regulations, and (3) adequacy of the 3-year time period for adoptio The questions were developed with input from State regulations (Appendix D).
Actual responses to the Agreements staff in headquarters and the regions.
questionnaire are contained in Appendix E.
in early May, at the Conference of Radiation Control Program Dire h
i (CRCPD) meeting in Salt Lake City, Utah, the questionnaire CRCPD Executive Board Members and several other State represent Interviews were conducted onsite with nine of the representativ interviews were conducted by telephone or through written respo more state representatives, i
.3.
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.I V.
LEGAL ANALYSIS in the context of responding to the Commission on whether Below Regulatory Concern (RRC) criteria was a matter of compatibility and whether Agreement State BRC criteria could neither be more or less stringent than the criteria established by the Commission, the General Counsel provided a detailed analysis of the legislative history as well as existing Commission rules, regulations, and policies relating to the overall issue of compatibility of Agreement States.
(Appendix C) l In part, the General Counsel found that the Commission has adequate legal authority under the compatibility standard in section 274d (2) and g. of the Atomic Energy Act of 1954, as amended, to require Agreement States to adopt criteria that are identical to those promulgated by the NRC.
Also, as these criteria relate to matters which fall within the scope of Division 1 Rules',
I Commission insistence that States adopt identical criteria would be considered to be a reasonable and proper exercise of this power.
This analysis, however, left unanswered a further question-- when and under what circumstances should the Commission insist that State and Federal regulations be identical and when should variations which are not inconsistent be permitted.
' Division 1 Rules are those State regulations required to be identical to NR; regulations.
See Appendix B for more details. t 4
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I IV.
LEGAL ANALYSIS (Cont'd.)
J furthermore, in Chairman Carrs' letter of June 15, 1990 to Mr. Thomas W.
Ortciger, Director Illinois Department of Nuclear Safety, the following paragraph was included:
j With regard to the compatibility of Agreement State and NRC standards, a majority of the Commission takes the view, which reflects the intent expressed by Congress when it adopted the 1959 l
i Federal State amendment to the Atomic Energy Act (Section 274), that uniformity of Federal and State basic radiation protection standards j
is necessary to properly carry out the respective regulatory f
responsibilities of the Federal government and the States.
When Congress enacted the Uranium Mill Tailings Radiation Control Act of 1978, it added Section 274 to the Atomic Energy Act to authorize states to adopt more stringent standards for the control of hazards j
associated specifically with uranium and thorium mill tailings.
However, Congress did not extend this authority to the centrol of hazards associated with the other categories of radioactive materials identified in Section 274b as suitable for inclusion in a Section 274b agreement.
With respect to theses materials, the l
I Commission continues to require Agreement States, as a matter of compatibility, to adopt basic radiation protection standards i
identical to those of the NRC. Commissioner Curitss does not concur in this approach on matters involving low level radioactive waste disposal.
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V.
FINDINGS 1.
Compatibility dQM H21 Etan 1htt reaulations hay _q tg _q _ identical.
Most States believe that compatibility does not equate with being identical except for basic radiation standards, such as those contained in 10 CFR Part 20 and regulations affecting interstate commerce or activities.
For example, radiographers and well loggers moving among various jurisdictions should not encounter vast differences in every detail of State radiation programs.
The States' definitions of compatibility were expressed more in terms of reaching the same goal or getting the same results by a variety of means.
For example, some of the phrases used to define compatibility are:
-- Need performance standard from hRC and then States determine how to implement.
-- Regulations that exist in harmony and are equally effective in protecting public health and safety.
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-- Follow the basic character and philosophy of NRC regulations; may not use the same means, but overall protection is the same.
-- Capable of living or performing in harmonious, consistent, or l
congenial combination; capable of efficient. integration.
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-- P. i;q the same general intent of the law but not necessarily-identical.
V.
FINDINGS (Cont'd.)
In addition, most States believe that they should be allowed to have more stringent r::gulations.
As one State indicated, the Atomic Energy Act does not address States being more restrictive.
Some indicated that while the regulations should be identical, implementation could be different.
In a limited number of cases, State legislation makes it nearly inpossible to have identical regulations.
2.
There 11 A ns.ed for.the devtlooment of comoatibility criteria.
Nearly all States expressed the strong view that no compatibility criteria exist and that without clearly defined criteria, NRC decides which regulations will be matters of compatibility without an adequate basis or justification for these decisions.
In addition, States believe that they have no input into these decisions, thus not supporting a " partnership" relationship betweer,NRC and the States.
A majority of States expressed the strong view that States should be involved in the development of compatibility criteria.
Several States suggested that a group of NRC and State representatives should be formed to totally immerse themselves and thrash out differences in developing compatibility criteria, in addition, a couple of States indicated that they should have input while 1
V.
f.lNDINGS (Cont'd.)
developing regulations before NRC authorship is firmly established and likely to prevail.
I 3.
Comoatibility criteria. gnie develooed, netd in b_q acolied in reaulations consistently. early in ihg Drocess And E1.th State inout.
The vast majority of States indicated that a process needs to be established whereby before a proposed regulation is published for public comment, States can participate in the determination of whether a regulation meets the pre-established compatibility criteria.
Furthermore, existing regulations should be reviewed against these same criteria to determine which ones truly qualify as a matter of compatibility and which Division of compatibility each one would fall in.
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It was repeatedly expressed that input by States for determining which regulations will be matters of compatibility is essential to the successful continuation of cooperation with the States. This would reinforce the
" agreement" aspects of the Agreement States J
'm rather than being a
" delegation" from NRC to the States.
States repeatedly expressed the view that if States are given the opportunity to participate in the decision making process, they will be more of a mind to cooperate with NRC, working as a team to carry out the activities necessary for sound radiation control programs.
In addition, input from the States t
6 V. ' FINDINGS (Cont'd.)
before input from the general public is a part of this cooperation and is consistent with the language set forth in Section 274 of the Atomic Energy Act which states, The Commission is authorized and directed to cooperate with the States in the formulation of standards for protection against hazards of radiation to assure that State and Commission programs...will be coordinated and compatible.
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- 4. The NRC is attemptina to ao beyond what is authorized by thn Atnmie Fnorgy Act (AEAl regardina the matter of compatibility.
The def_inition of-l comoatibllity and the interrelationshio between comoatibility and adeauacy to protect public health and safety are unclear in the Act and in practice.
All States agree that the intent of the Atomic Energy Act (AEA) is to protect public health and safety. There is general agreement that State programs should provide this protection in a way that is compatible with NRC's program.
However, NRC has become too rigid in requiring States to be identical on too many provisions of Agreement State Programs.
Furthermore, a majority of States expressed the belief that NRC is categorizing too many of its regulations in Division 1 -- those regulations that have to be identical.
Some States indicated that NRC designates regulations as Division 1 because otherwise, States will not adopt the regulations at all.
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V.
FINDINGS (Cont'd.)
States are not in agreement on whether compatibility should be applicable to Some states the entire Agreement State Program or solely to regulations.
indicated that compatibility should apply only to regulations and that implementation of the overall Agreement State Program should be left up to the Others stated that programs can be compatible even though regulations States.
While still others expressed the view that compatibility are not the same.
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shocid apply to the entire program as long as compatibility does not mean identical.
A number of States indicated that although a number of States have been found to be non-compatible by NRC over the years, their programs continue to be adequate to protect public health and safety. They then question the meaning and practicality of the requirement for States to maintain compatibility.
Several States expressed the view that only at the time that a State requests entering into an agreement with NRC that compatibility really matters.
Although most States indicated that they want to be compatible, there are a number of reasons why they are nst. Some states indicated that there is little support in State organizations to adopt regulations that have little or no impact on public health and safety or do not apply to certain State Other reasons mentioned for non-compatibility were inadequate activities.
resources, State political pressures, and delays in Suggested State regulations. -
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o V.
FINDINGS (Cont'd.)
Regarding the idea of developing exception criteria for specific circumstances-where a State, with appropriate justification, would not have to adopt regulations deemed a matter of compatibility, most States indicated that it sounded good in theory, but some believed it would probably not work in practice.
Some of the reasons given were that exceptions could get out of hand and States could try and ratchet NRC.
It could erode uniformity among State programs thus diminishing confidence that one State may have in another State's program. Also, it was expressed that States may start jockeying with f
each other in terms of "If I have to do this, why don't you?"
Several States questioned why regulations should be matters of compatibility in the first place if NRC is then going to exempt States, i
4 5.
Ike three-year 11m.g period allowed for adootion qf comoatibility reauirements tji reasonable And adeauate.
i The States, with few exceptions, indicated that three years should be enough time to adopt compatibility requirements.
However, some instances were identified where more time may be necessary. Sets Mates indicated that L
difficulties tend to be tied to inadequate funding and staffing.
For State l
l Radiation Control staffs that are small and already strained, very little time i
l 1s available from their regular duties for drafting regulations. Also, for those rare instances where there is a need for involvement of the State legislature, three years may be difficult for States whose legislature only meets every two years.
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V. ' FINDINGS (Cont'd.)
Another problem stems from situations where certain regulations pertain to areas that are sometimes outside of the direct control of the State Radiation Control Program Director, thus delays may exceed the three-year time period.
Furthermore, " agreement materials" control is only part of the States' radiation control program and some States expressed the view that it is more efficient to revise the States' radiation control regulations in toto rather than in a piecemeal fashion within the three-year timeframe, i
All States agreed that the Suggested State Regulations (SSR) are helpful if they are timely. The SSRs tend to be i ber-saving devices and help States to meet the three-year time period for adopting compatibility requirements.
The Conference of Radiation Control Program Directors is currently working to speed up the process for making the SSRs available to States.
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1 VI.' RECOMMENDATIONS Based on the results of the survey, the following actions are recommended.
i 1.
Establish a task force to:
A)
Review and modify, as appropriate, existing compatibility
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criteria, using as a point of departure current NRC criteria i
described in State Programs' Internal Procedures.
Review Divisions of compatibility and revise if necessary, assigning criteria to each Division.
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B) Analyze and resolve the relationship between " compatibility" and-
"public health and safety."
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C)
Identify under what circumstances State and Federal requirements should be identical and when variations which are not inconsistent 3
or are more stringent should be permitted.
D) Review governing legislation and regulatory program recommend any changes along with any regulatory or policy actions to improve the compatibility framework.
The Task Force should be chaired by NRC and comprised of high-level representatives from the States and relevant NRC offices, including the Office of the General Counsel.
The results of this effort should be a list of criteria by compatibility Division, a clear explanation of compatibil.ity vs public health and safety, and recommendations on legislation, regulatory or policy changes.
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'VI.
RECOMMENDATIONS (Cont'd.)
4 2.
Institutionalize a formal compatibility review process with State j
-l involvement.
Establish a review committee to apply the compatibility criteria l
(developed by the Task Force) to existing NRC regulations pertaining to the Agreement States Program.
This should result in a list identifying NRC regulations that are matters of compatibility, clearly indicating which i
regulations have to be identical and which ones may vary.
This Committee should be reconvened periodically before a new rule affecting the Agreement i
States is to be promulgated by NRC to make the same compatibility determinations.
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Appendix A Atomic Energy Act of 1954, as amended c a mi.a "Sie. 274, Cooenaation Wetw Starn*'-
UN"I
- a.-It is the purpose of this section-
-(l) to recognize the interests of the States in the peaceful uses of atomic energy, and to clarify the j
respective responsibilities under this Act of the states and the Commission with respect to the regulation of l
byproduct, source, and special nuclear matenals; j
-(2) to recognize the need, and establish programs for cooperation between the States and the Commis-sion with respect to control of radiation hazards I
associated with use of such matenals;.
"(3) to promote an orderly regulatory pattern i
between the Commission and State governments with respect to nuclear development and use and reg.
ulation of byproduct, source, and special nuclear materials;
-(4) to establish procedures and criteria for dis-continuance of certain of the Commission's regula.
tory responsibilities with respect to byproduct, source, and special nuclear matenais, and the assumption thereof by the States:
"(5) to provide for coordination of the develop-ment of radiation standards for the guidance of Fed-1 eral agencies and cooperation with the States; and *
"(6) to recognize that, as the States improve thetr capabilities to regulate effectively such materials, additional legislation may be desirabis, "b. Except as provided in subsection c., the Commis-a 8""
sion is authorized to enter into agreements with the Gov.
ernor of any State providing for discontinuance of the i
regulatory authority of the Commission under chapters 6, 7 and 8 and section 161 of this Act, with respect to any one or more of the following materials within the State-
- (l) by product materials as defined in section lie.
(1);an
- (2) byproduct materials as defined in section lle.
(2h*
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- (3) source materialst
"(4) special nuclear materials in quantities not sufficient to form a entical mass.
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127 i
During the duration of such an agreement it is recognized that the State shall have authonty to regulate the mate..
nals covered by the agreement for the protection of the public health and safety from radiation hazards.
"c. No agreement entered into pursuant to subsecu,on b, shall provide for discontinuance of any authority and the Commission shall retain authority and responsibility with respect to regulation of-ducu,1) the construction and operation of any pro.
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on or utilization facility; 3
-(2) the export from or import into the United States of byproduct, source, or special nuclear mate.
nal, or of any production or utiltzation facility;
-(3) the disposalinto the ocean or sea of byprod.
uct, source, or special nuclear waste matenals as denned in regulations or orders of the Commission;
"(4) the disposal of such other byproduct, source, j
or special nuclear matenal as the Commission deter.
haurds or potential hazards thereol,because of the mines by regulation or order should not be so dis-posed of without a license from the Commission. The Commission shall also retain authority under any-such agreement to make a determination that all applicable standards and requirments have been met pnor to termination of a license for byproduct mate.
nal, as defined in section Ile. (2), ass a u.s.c. mi4.
Notwithstanding any agreement between the Commis-sion and any State pursuant to subsection b., the Com.
mission is authorized by rule, regulation, or order to require that the manufacturer, processor, or producer of c ne.a or other product any equipment, device, commodity,ial nuclear material-contaimng source, byproduct, or spec shall not transfer possession or control.of such product -
except pursuant to a license issued by the Commission.
"d. The Commission shall enter into an agreement -
under subsection b of this section with any State if--
"(l) De Governor of that State certines that the State has a program for the control of radiation hazards adequate to protect the public health and l
safety with respect to the materials within the State i
that the -
. covered by the proposed agreement, and,bility for:
State desires to assume regulatory responsi such materials; and is in(2) the Commission finds that the State program -
accordance with the rebuirements of subsection
- o. and in all other respects compatible with the i
Commission's program for regulation of such mate-riala, and that the State program is adequate to pro-tect the public health and safety with respect to the materials covered by the proposed agreement.
signed (1) Before-any, agreement under subsection b. is Puy n "e.
by the Commission, the terms of the proposed * '
- Puttu Law 95 404 t92 sua. 3034)i1979), uc. Mn added a new wnwner afwr
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agreement and of proposed exemptions pursuant to sub-section f. shall be published once each week for four consecutive weeks in the Federal Register; and such
- opportunity for comment by interested persons on th proposed agreement and exemptions shall be allowed a.
l the Commission determines by regulation or order to be appropnate.
- (2t Each proposed agreement shall include the pro-posed effe:tive date of such proposed agreement or.
exemptions. The agreement and exempoons shall be pub-i lished in the Federal Register within thirty days after-signature by the Commission and the Governor, i-==e
'f. The Commission is authorized and directed, by U,W regulation or order, to grant such exemptions from the licensing requirements contained in chapters 6. 7, and 8, and from its regulations applicable to licensees as the Commission finds necessary or appropriate to carry out any agreement entered into pursuant to subsection b, of this secuon.-
"g. De Commission is authorized and ~ directed to -
cooperate with the States in the formulation of standards for protection against hazards of radiation to assure that State and Commission programs for protection against hazards of radiation will be coordinated and compauble.
g" "h. There is hereby established a Federal Radiation tion, and Welfare,g of the Secretary of Health,- Educa.the Chairm cJ Council, consistin Commission, the Secretary of Defense, the Secretary of Commerce, the Secretary of 1. abor, or their designees, and such other members as shall be appointed by the President. The Council shall consult qualified scientists and experts in radiation matters, including the President of the National Academy of Sciences, the Chairman of d the National Committee on Radiation Protection ano -
Measurement, and qualified experts in the field of biol.
i ogy and enedicine and in the field of health physics. The Special Assistant to the President for Science and Tech-nology, or his designee, is authorized to attend meetings, perucipate in the deliberations of, and to advise the Councd. The Chairman of the Council shall be desig-nated by the President, from time to time, from among.
the members of the Council. ne Council shall advise the President with respect to radiation matters, directly or indirectly affecting health, including guidance for all Fed.
eral agencies in the formulation of radiation standards and in the establishment and execution of programs of coo tion with States. De Council shall also perform a
other functions as the President may assign to it by Executive order.
"i. The Commission in carrying out its licensing and i-regulatory responsibilities under this Act ts authorized to enter mto agreements with any State, or group of States, to perform inspections or other functions dn a coopera-tive > basis as the Commission deems appropriate. The
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Commission is also authorized 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 appropnate.
Anv such provision or assistance by the Commission shall take into account the additional expenses that may be incurred by a State as a consequence of the State s entering into an agreement with the Commission pursu.
ant to subsection b.
"j. (1)35 The Commission, upon its own initiative after T.-=i reasonable notice and opportunity for hearing to the d' " *'
State with which an agreement under subsection b. has become effective, or upon request of the Governor of such State, may terminate or suspend all or part oPH its.
agreement witti the State and reassert the licensing and regulatory authority vested in it under this Act, if the Commission finds that (1):12 such termination or suspen..
i sion is required to protect the public health and safety, or (2) the State has not complied with one or more of the y
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 compliance with the provisions of this section.2"
"(2) The Commission, upon its own motion or upon request of the Governor of any State, may, after notifying the Governor, temporarily suspend = all or part of its agreement with the State without notice or hearing if,in the judgment of the Commission:
"(A) an emergency situation exists with respect, to any material covered by such an agreement creating danger which requires immediate acuon to protect
.the health or safety of persons either within or out-side of the State, and
"(B) the State has failed to take steps necessary to.
contain or eliminate the cause of the danger within a reasonable time after the situation arose, t
A temporarv suspension under, this paragraph shall remain in effect only for such time as the emergency situation exists and shall authorize the Commission to exercise its authority only to the extent necessary to con-l tain or eliminate the danger."21*
"k. Nothing in this secuon shall be construed to affect the authority of any State or local agency to regulate activities for purposes other than protecuon against rada-ation hazards.
"1. With respect to each application for Commission===.t license authorszing an activity as to which the Commis. %
sion's authority is continued pursuant to subsection c.,
the Commission shall give prompt notice to the State or DPf*.EEN E M:;pmgel.;1d@o,m."=.$de"E$,,$8E.hw. e i
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-130 States in which the activity will be conducted of the (ding of the license application: and shall afford reasonable i
opportunity for state representatives to offer evidence interrogate witnesses, and advise the Commission as the application without requinns such representatives,
take, a. position for or against the granting of the application.
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- m. No agreement entered into under subsection b..
and no exemption granted pursuant to subsection I., shall '
affect the authority of the Commission under subsection 161 b, or i, to issue rules, regulations, or orders to protect 1
the common defense and secunty. to protect restricted -
1 data or to guard against the loss or diversion of special I
nuclear matenal. For purposes of subsection 1611., activ.
j ities covered by exemptions granted pursuant to subsec.
tion f. shall be deemed to constitute activities authorized pursuant to this Act; and special nuclear matenal acquired i
by any person pursuant to such an exemption shall be.
a deemed to have been acquired pursuant to section 53.
omemaa "n.- As used in this section, the term ' State' meens any State, Territory, or possession of the United States, the Canal Zone, Puerto Rico, and the District of Columbia.
Men =mset*
As used in this section, the term ' agreement' includes any amendment to any agreement.qs "o. In the licensing and regulation of byproduct mate.
rial, as defined in section iI e. (2) of this Act, or of any activity which results in the production of byproduct-matenal as so defined under an agreement entered into pursuant to subsection b., a State shall require-tion (l) compliance with the requirements of subsec.
b, of section 83 (res product material and land)pecting ownership of by.
,and
"(2) compliance with-standards which shall I adopted by the State for the protection of the publi health, safety, and the environment from hazar6 associated with such material which are equivalent, to the extent practicable, or more stringent than, standards adopted and enforced by the Commission for the same purpose, including requirements and standards promulgated by the Commission and the i
- g. Sg Administrator of the Environmental Protection-
' Ap(3)y pursuant to sections 83,84, and 275, and ic procedures which-
- (A) in the case oflicenses, provide procedures under State law which include-
"(i) an opportunity, after public notice, for written comments and a public hearing, with a transcript,'
"(ii) an opportunity for cross examination, and base (iii) a written determination which is d upon findings included in such deter.
mination and-upon the eviderse presented during the public comment period and which -
is subject to judicial review; awww i.*s.ece m se mm e mn m :omueew am=== ie m :s j
i tem o g
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- (B) in the case of rulemaking, provide an opportunity for public parucipation through writ-ten comments or a public heanng and provide for judicial review of the rule;
- (C) require for each license which has a sig-nifiant impact on the human environment a 4
written analysis (which shall be available to the p
public before the commencement of an proceedings)of the impact of such license,y such mclud-mg any acuvines conducted pursuant thereto, on the environment, which analysis shall include-
- (i) an assessment of the radiolob' cal and nonradiological impacts to the pub.sc health of the activities to be conducted pursuant to
- such license:
"(ii) an assessment of any impact on any waterway,and groundwater resulting from such actmtes:
"(iii) consideration of alternatives,includ-ing alternative sites and engineering methods, to the activities to be conducted pursuant to such license; and pacts, including decommissioning,g-term im-
"(iv) consideration of the lon decontam-inauon, and reclamation impacts, associated
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with activities to be conducted pursuant to such license, including the management of-any byproduct material, as defined by section 11 e. (2); and
'"(D) prohibit any major construction activity with respect to,such material prior to complying =
with the provisions of subparagraph (C).
If any State under such agreement imposes upon any licensee any requirement for the payment of funds to such State for the reclamation or long-term taaintenance and monitoring of such matenal, and if transfer to the
~ United States of such material is required in accordance with section 83 b. of this Act, such agreement shall be amended by the Commission to provide that such State *
- shall transfer to the United States upon termination of l
the license issued to such licensee the total amount col-l lected by such State from such licenses for such pu,rpose.
If such paymeats are required, they must be sufficient to ensure compliance with the standards established by the Commission punuant to section 161 x, of this Act. No 42 UAc. 2m.
proceedings conceuired under paragraph (3) to conduct State shall be rec rning any tiense or regulation which would duplicate proceedings conducted by the Commission.m "In adopting requirements pursuant to paragraph (2) of this subsecuon with respect to sites at which ores are processed primarily for their source material content or which are used for the disposal of byprWf material as defined in section 11 e. (2), the State may acopt alter-42 usc.m4.
natives (including, irements adopted and enforced by thewhere appropr natives) to the requ
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- Commissi.a for the same purpose if, after notice and opportunity for public heanng. the Commission deter.
I trunes that such alternatives will achieve a level of stabili2f
. tion and containment of the sites concerned, and a level oi protection for public health, safety. and the environment from radiological and nonradiolopcal hazards associated 1
with such sites, which is equivalent to, to the extent practi-cable, or more stnngent than the level which would be~
achieved by standards and requirements adopted and enforced by the Commission for the same purpose and any final standards promulgated by the Admirustrator of.
'l the Environmental Protection Agency in accordance with 4 vic.ze.
section 275. Such alternative State requiiements may take into account local or reponal conditions, including geol-l ogy. topography, hydrology and meteorology."2i?
l
-Sac 175, fir 4LTH Awo ExvinoNuevr4L Sr4No4aos t r
[
4 u Ae. am.
Unamuu Mitt Tuuscs.-
"a As soon as practicable, but not later than October i
1.1982,28' the Administrator of the Environmental Pro-tection Agency (hereinafter referred to in this section as am.
the 'Admimstrator') shall by rule, promulgate standards i
i of general application (including standards applicable to -
licenses under section 104(h) of the Uranium Mill Tailings Radiation Control Act of 1978) for the protection of the public health, safety and the environment from radio-
.j logical and nonrad,iological hazards associated with 4
residual radioactive matenals (as defined in section 101 of the Uranium Mill Tailings Radiation Control Act of 1978) located at inactive uranium mill tailings sites and
- l depository sites for such materials selected by the Secre-l tary of Energy, ptirsuant to title I of the Uranium Mill Tailings Radiation. Control Act of= 1978. Standards e
promulgated pursuant to this subsection shall.,to the maximum extent practicable,:be. consistent with the l
requirements *of the Solid Waste Disposal Act, as amended, in establishing such standards, the Administra-4
- tor shall consider the risk to the public health, safety, and the environment, the environmental and econosuc costs of applying such standards, and such other factors as the Administrator determines to be appropriate.28' The 1
Administrator may periodically revise any standard l
promulgated pursuant to this subsection.
l "After October 1,1982, if the Administrator.has not promulgated standards in final form under this subsec-the Uram, action of the Secretary of Energy under title i of uon,any um MillTailings Radiation Control Act of 1978 i
e u A c. m ic I
which is re ance with, quired to comply with, or be taken in accord-standards of the Administrator shall comply with, or be taken in accordance with, the standards pro-posed by the Administrator under this subsection until-4 such time as the Administrator promulgates such stand-ards in final form."2 D3SU l1.7llEP MJliN *."""h= r-
"J""
ad gd,;d,;,,p
.;+iE: m,=,rs,,esttion*
s sam _e n=a yest asser enestnerou o( th e*
6
..,,. ~.
.,s
J 1
... :.w.
...-..~...s 133 s
"b. (1) As soon as practiable, but not later than auscemi October 31, hin iI months thereafter promulgate in anal 1982, the Admini pose and wn form,ul standards, general application for ths protection of the public health, safety, and the environment from radiological and non-radiological hazards assocuted with the racessing and with the possession, transfer, and dis o u s,c ma of byproduct material, as defined in section 11 e.
this Act, at sites at which ores are processed priman(2)ly for their source material content or which are used for the disposal of such byproduct material.
If the Administrator fails to promulgate standards in >
i final form under this subsection by October 1,1983, the ****"*
authority of the Administrator to promulgate such stand-ards shall terminate, and the Commission may take actions under this Act without regard to any provision of this Act requiring such actions to comply with, or be taken in accordance with, standards promulgated by the Administrator, in any such case, the Comuussion shall promuisate, and from time to time revise, any such standards of general application which the Commission deems nomssary to carry out its responsibilities in the--
- conduct of its licensing activities under this Act. Require-ments established by the Comminaion under this Act with (2)pect to byproduct material as defined in section 11 e. 4:uAc un res shall confirm to such standards. Any requuements adopted by the Commission respecting such byproduct material before promulgation by the Commission of such standards shall be amended as the Commission deems necessary to conform to such standards in.the same manner as provided in subsection f. 3). Nothing in this subeestion sha!! be construed to proh(ibit or suspend the implementation or enforsement by the Comnussion of.
j any requirement of the Commission respecting byproduct -
matsnal as defined in section i I e. (2) pending promulga-tion by the Commission of any such standard of sensral application.an la establishm~ s such standards, the Admin-
)
isarr. tor shall consider the risk to the public health, safety, and the environment,' the environmental and econonuc costs of applying such standards, and such other factors as the Admamstrator deterames to be appropriate."su
"(2) Such nonerally applicable standards promulgated pursuant to tlus subsecuon for nonradiological hasards shall provide for the protection of human health and the environment consistent with the standards required under subtitle C of the Solid Waste Disposal Act, as amended.
which are applicable to such hazards: Provided, however.
That no pernut issued by the Administrator is required under this Act or the Bolid Waste Disposal Act, as amended, for the processing, possession, transfer, or dis.
pasal of byproduct material, as defined in section 11 e.( 2) of this Act. The Administration may penodically revise any standard promulgated pursuant to-this subsection.
% 2 BIId @ Yi Yon %!I!s'h"l23I T.$ O 2 M EJ O f a;* M W !L G W.** %.
e, a
l, N_
,, f,.
taes::m.msdm.ws.m w usua,e.,;,:;z;,;4,rg,,,,,,;,,,,,,,,,,
- ., m.,.
~~
134 r
Within three years after such revision of any such stand.
ard, the Commission and any State permitted to exercise.
authority under section 274 b. (2) shall apply
. such revised standard in the case of any license fo.
4: u s e. asst byproduct material as defined in section 11 e. (2) or any revision thereof.
"c (1 to this se)ction, the Administrate;Before the promulgatioe iany rule i
Ny,=
Ly*ll*
.nall oublish the pro-i e '*e posed rule in the Federal Registei, together with a state.
ment of the research, analysis, and other available infor.
mation in support of such proposed rule, and provide a period of public comment of at least thirty days for writ-
-j ten comments thereon and an opportunity, after such comment period and after public notice, f'or any inter-I ested person to present oral data, views, and arguments i
c am,=
at a public heanng. There shall be a transcript of any'-
i such heanns. The Administrator shall consult with the t
Commission and the Secretary of Energy before promul-gation of any such rule. -
this(2) Judicial review of any rule promulgated under.
section may be obtained by,any interested person swas..
only upon such person filing peutio* for review within
- ixty days after such promul tion in the United States s
court o(appeals for the Fed 1 'udicial circuit in which such person resides or has his priicipal place of business.
A copy of the petition shall be forthwith transmitted by the clerk of the court to the Administrator. The Adminis.
. trator thereupon shall file in the court the written submis.
sion to, and transcript of, the written or oral proceedings on which such rule was based as provided in section 2112 of title 28. United States Code. The court shall have -
iurisdiction to review the rule in accordance with chapter 7 of title $. United States Code, and to grant appropnate s u.ac.a me.
relief asJrovided in such chapter. The judgment of the-s court affirming,h rule shall be final, subject to judicialmodify in part, any suc review by the Supreme Court of the United States upon 1
1 certioran or certification as provided in section 1254 of title 28, United Statas Code..
take(3)ffect, earlier than sixty calendar days after such Any rule promulgated under this section shall not e
4 promulgauon.
"d. Implementation and enforcement of the standards promulgated pursuant to subsection b. of this section shall be the responsibility of the Commission in the con.
dust of its licensing activities under this Act. States exer. -
cising authority pursuant to section 274 b. (2) of this Act as u.ac. am.
shall implement and enforce such standards in accor-dance with subsection o, of such section, g g' "e. Nothing in this Act applicable to byproduct mate.
riat, as defined in section 11 e. (2) of this Act, shall affect the authority of the Administrator under the Clean Air Act of 1970, as amended, or the Federal Water Poilution Control Act, as amended.*
"'h*. l.4* Me92 sist M39: tit *si, a ;oen,,4,, ;g I
l l
T.f
1 h
Mhug i O_S b.eNN' ha e. = v. =< c ha.e4.J 4.aJ Mb d
MY2 -
hydd 4N'*' M 135 i
-f.(l) Prior to January 1,1983, the Commission shall ti e
. not implement or enforce the provisions of the Uranium OL Mill Licensing Requirements published as Gnal rules at as==
45 Federal Register 65521 to 65538 on October 3,1980 (hereinafter in this subsection referred to as the ' October i.-w 3 regulations'). After December 31, 1982. the Commis h.,
sion is authorized to implement and enforce the provi-sions of such October 3 regulations (and any subsequent modi 6 cations or additions to such regulations whic.t may be adopted by the Commission), except as otherwist pro-J vided in paragraphs (2) and (3) of this subsection, i
standards under subsection b., y the Administratoi of n,-nw
- (2) Follow ng the proposal b i
the Commission shtll t*",l'lO" review the October 3 regulations, and, not later than Y) days after the date of such proposal, suspend implemen-tation and enforcement of any provision of such regula-tions which the Commission determines after notice and 1
opportunity-for public comment to require a major action or major commitment by licensees which would be unnecessary if- -
-(A) the standards proposed by the Administrator are promulgated in Anal form without modification, and
-(B) the Commission's requirements are modified to conform to such standards.
Such suspension shall terminate on the earlier of April I, 1984 or the date on which the Commission amends the October 3 regulations to conform to final standards prom-utgated by the Administrator under subsection b. During the period of such suspension, the Commission shall con.
daue to regulate byproduct material d fi d in section
- Il ?. (2)) under this Act on a licensee (as e ne by-licensee basis as the Commission deems necessary to protect public health, safety, and the environment.
-(3) Not later than 6 months after the date on which the Administrator promulgates final standards pursuant to subsection b. of this section, the Commission shall, after notice and opportunity for public comment, amend i
the October 3 regulations, and adopt such modifications, as the Commission deems necessary to conform to such final standards of the Administrator.
affe(cu)na the authority or responsibility of the Commis-Nothing in this s
-4 i
sion under section 84 to promulgate regulations to pro-tect the public health and safety and the environment ns
.-Sac. 281. SaPAaAalWTr.=lf any provision of this Act or SgamWg the application of such provision to any person or cir-cumstances, is held invalid,' the remainder of this Act or the application of such provision to persons or circum-stances other than those as to which it is held invalid, shall not be affected thereby.
" Sac. 291. Snoar Titta.-This Act may be cited as the sn.eum.
' Atomic Energy Act of 1954'.-
i mews ia. mis m sm. :an men.. is.u.e,w. wem r.
i I
f P
!'41 Appendix B i
i STATE AGREEMENTS PROGRAM DIVISION I Internal Procedures l
B. Policy B 7
_ Criteria for Compatibility l
Determinations-
===1.
Background===
l l
Section 274d.(2) of the Atomic Energy Act of 1954, as amended, j
requires that before entering into an: agreement with any State, the Comission shall make a determination that the State's program is
-j compatible with the Comission's program.
Section 274. authorizes 9
l and directs the Comission to cooperate with the-States in the l
formulation of standards to assure that State and Commission i
programs will be coordinated and compatible.
Section.274j(1) requires that the Commission periodically review such agreements and actions-taken under the agreements to ensure compliance with l
Sections 274d(2) and 274. are the only sections of j
Section 274 9
the Act that address the concept of compatibility.
It should be noted that both sections refer to the compatibility of " programs."
It is evident that Congress intended that the Comission address more than just regulations-in its review, and since the earliest I
days of the State Agreements Program the Comission has used the term " compatibility" in relation to not only regulations, but also to such program areas as licensing and compliance. This. procedure, however, will address compatibility only as it affects regulations.
The Conn.ission has never formally defined compatibility or provided -
more than minimal guidance as to how the term should be 1
interpreteo. The basic objective has been to achieve uniformity
[
among the various regulatory programs to the maximum extent practicable recognizing that the States must be. allowed some-flexibility to accommodate local conditions. With regard to 3
regulations, it has been more or less understood that certain
{
l regulations such as 10 CFR Part 20 were. considered to-be " matters of compatibility" and that States were required to have regulations that had essentially identical' language.
With respect to other parts of the regulations it was less clear what' requirements were considered " matters of compatibility" and why.
In 1961, the j
Commission published criteria for the guidance of States and the Comission relating to the discontinuance of Comission authority i
under the terms of the agreement. The criteria require.that "The State regulatory program shall adopt a set of standards for?
protection against radiation... It is important to strive for uniformity in technical definitions and terminology, particularly as related to such things as units of measurement and radiation dose.
There shall be uniformity on maximum permissible doses and levels of radiation and concentrations of radioactivity, as fixed-by Part 20 of the [ Commission] regulations based on officially.
approved radiation protection guides.".However, questions remain.
as to how precisely State regulations must reflect NRC regulations.
1/25/84
q
.2 i
In addition, NRC has always encouraged uniformity in regulations i
other than those listed above, but no specific guidance has been i
provided.
l It should be noted that the Uranium Mill Tailings Radiation Control Act and the Nuclear Waste Policy Act require Agreement States as well as NRC to incorporate certain' elements in their regulatory programs (e.g., environmental assessments, land ownership, financial assurances). These requirements have been appropriately included in the categorization.
In light of the above, this procedure establishes criteria for i
better defining compatibility and determining the degree to which i
States regulations must show uniformity with Comission l
regulations.
\\
II. Rule Categorization l
Historically, the notion of degrees of compatibility has always' been implicit in compatibility deteminations. This notion, however, has never been given substance,in the form of policies or procedures. Under this-procedure pertinent NRC rules are categorized according to the degree of uniformity necessary between j
NRC and Agreement State requirements.
Four categories are established as follows:
j Division 1 Rules There are certain provisions in NRC regulations-that States must I
adopt, essentially verbatim, into their regulations. These I
provisions include those that form the basic language of radiation j
protection essential.for effective comunication between regulatory agencies and the regulated comunity. These provisions have been l
formulated and agreed to by national and international organizations, from consensus standards followed by. industry and government. They include technical definitions such as " curie "
" dose," and " rad," radiation protection standards such as occupational exposure limits, effluent release limits, and legal definitions such as for " byproduct material," " restricted area" and
" occupational dose." These provisions are so basic to the.
regulatory programs that their modification ~ by a State' would result in numerous and difficult problems including _ interference in interstate comerce. These provisions are collectively referred to.
as Division 1 rules and Agreement States are required to adopt 1
essentially identical provisions.
Division 2 Rules There are other provisions in NRC regulations that addrecs basic principles of radiation safety-and. regulatory functions.
Such principles include generally applicable safety requirements such as l
personnel monitoring and ALARA, and procedural requirements such as l
detailed in Part.19. While States must address such principles.in their regulations, the States may adopt requirements more 1
1/25 /84-
-1 i
s
.; 3 restrictive than NRC rules.' The use of language identical lto that in NRC rules is not necessary provided the underlying principles are the same. For example,10 CFR 19.11 addresses the posting of certain notices to workers. While we believe that it is important that Agreement State licensees be required to make available to-workers certain documents, the manner, location and time constraints under which they are posted may differ somewhat from the corresponding NRC provisions. Local circumstances may dictate-more stringent requirements than those of 19.11. Other rules that would be included in-this category include basic procedural requirements necessary for-licensing, inspection authority, incident reporting, and r3diation safety requirements-for industrial radiographers. Such provisions are designated Division 2 rules.
Division 3 Rules-i
~l There are a great number of provisions in NRC regulations which would be appropriate for Agreement States to adopt, but which do not require any degree of uniformity between NRC and States rules.
3 For example, NRC has found group medical licensing to be~ an -
}
improved method of licensing the medical uses of radionuclides.
States utilizing a different procedure in licensing medical uses of radionuclides would not be hinderitig interstate comerce or -
)
deviating in any manner from basic radiation-protection standards or procedures. Such rules, some of which relate to areas which are strictly matters between the regulatory agency and.the regulated
)
community within its jurisdiction are desi nated Division 3 rules. -.
5 Such rules include administrative requirements'as= well as technical criteria which the agency feels the~ licensee must' address in order to meet the basic radiation standards.
In all cases, States are encouraged to adopt the regulatory approach taken by NRC in such
.f rules, but are not required to do so.
Division-4 Rules There are certain regulatory functions which are reserved to NRC l
pursuant to the Atomic Energy Act and 10 CFR'Part 150. Rules l
pertaining to these ' areas are-designated Division 4 rules. Such rules include those concerning reactor regulation, distribution of consumer products, exports and imports, and high' level waste-3 disposal.
State regulations should not address these areas.
111. Listing of Pertinent NRC Rules l
Attached as Appendix A of this procedure is a listing of all pertinent NRC rules (Parts 19, 20, 30, 31,.32, 33, 34, 35, 40, 61, 1
70, 71, and 150) by compatibility type. 'The corresponding section of the Suggested State Regulations-car be found in Internal 1
Procedure A.2.
1 1/25/84
-t I
APPENDIX A
(
CATEGORIZATION OF NRC RULES BY COMPATIBILITY TYPE Division 1 Rules 19.3 Definitions (Exceptions - Act, Comission, license) 20.3 Definitions (Exceptions - Act, Comission, Gov't Agency,-
license) 20.4 Units of radiation dose 20.5 Units of radioactivity 20.101 Dose limits 20.102 Prior dose 20.103 Concentrations in restricted areas 20.104 Exposure of minors 20.105 Levels in unrestricted areas 20.106 Radioactivity in effluents
(
20,203' Cautionsigns,etc.,except(c)(6)&(7) 20.403 Notifications of Incidents Part 20 Appendix B and Appendix C 30.4 Definitions (Exceptions - Act, Comission, Gov't Agency, i
license, production facility, utilization facility) 30.11 Specific exemptions 30.12 Contractor exemptions-30.14 Exempt concentration 30.15 Exempt items 30.16 Sc-46 resins exemption 30,18 Exempt quantities 30,19 Self-luminous products 30.20 Gas and aerosol detectors 30.70 Exempt concentrations schedule 30.71 Exempt quantities schedule 31.3 Certain devices and equipment 32.2 Definitions 40.4 Definitions (Exceptions - Act, Comission, Gov't Agency, Pharmacist, physician)'
40.11 DOE & NRC contractor exemptions 40.13 Unimportant quantities 40.14 Specific exemptions 40.22 Small quantities:of source material 61.2 Definitions (Exceptions --Comission,' Director, Gov't Agency) 61.41 Protection:of general population 61.55 Waste' classification 70.4 Definitions _(Exceptions - Act, Atomic Weapon,~ Comission,-
Comon defense and security; Gov't Agency)'
70.11 00E & NRC contractor exemptions.
70.14 Specific exem Definitions (ptions 71.4 those relating to materials transportation):
71.5 Transportation of licensed material 71.10
' Exemptions for low-level' materials
'1/25/84 1
A-1:
Part 71 Appendix A 150.3 Definitions (b),(c),(g),(1),and(j) 150.11 Critical mass 150.20 Reciprocity Division 2 Rules _
19.11 Posting of Notices 19.12 Instructions to Workers 19.13 Notifications 19.14 Presence of worker representatives
- 19. h Consultation with workers 19.16 Requests for inspection 19 17 Inspection not warranted P3.1(c)
20.108 Bioassay Services 20.201 Surveys 20.202 Personnel Monitoring 20,203 (c)(6) and (7) 500 rem /hr rule-.
'20,205 Picking up, receiving, and opening packages 20.207 Storage & control in unrestricted areas 20.301 Waste Disposal
. General Requirements 20.302 Approval of disposal procedures 20.303 Sewage disposal 20.311 Transfer for disposal 20.402 Reports of Theft or-loss 20.405 Reports of overexposures 20.408 Monitoring Reports on termination Part 20 Appendix A 30.3 Activities requi:ing license a
30.13 Carrier Exemption 30.31 Types of Licenses 30.32 Application for' specific license 30.33 General requirements 30.34 Terms & Conditions 30.41 Transfer of byproduct material 30.55 Tritium reports (to be deleted) 31.5 Certain measuring, gauging and controlling devices 31.6 Installation of GL' gauges 31.7 Luminous safety devices for use in aircraft' 32.11 Introduction of exempt concentrations 32.12 Material transfer reports 32.13 Prohibition of introduction 32.51 Manufacture of GL gauges 32.51a Manufacture of GL gauges 32.52 Transfer. reports - GL gauges 32.53 Manufacture of luminous safety devices 32.54 Labeling of luminous. safety devices 32.55 QA - luminous safety devices 32.56 Transfer reports - luminous safety devices 32.57 Manufacture of Am-241 reference sources 32.58 Labeling of Am-241. sources 32.59 Leak testing of Am-241 sources 32.61 Manufacture of Sr-90 ice detection devices 1/25 /84 A-2
32.62 QA - ice detection devices 32.70 Manufacture of Medical GL material 32.71 Manufacture of in vitro kits 32.72 Manufacture of radiopharmaceuticals 32.73 Manufacture of generators and reagent kits 32.74 Manufacture of sources for medical use-32.101 Schedule B - tests for luminous safety devices l
32.102 Schedule C - tests =for Am-241 sources 32.103 Schedule 0 - tests for Sr-90 ice detection devices 32.110 Sampling procedures 34.2 Definition 34.11 Specific licenses for radiography 34.21 Levels of radiation 34.22 Locking of devices l
34.23 Storage precautions i
34.24 Survey Instruments 34.25 Leak testing, etc.
34.26 Quarterly inventory 34.27 Vtilization logs 34.28 Inspection and maintenance 34.31 Training 34.32 Operating and emergency procedures 34.33 Personnel Monitoring 34.41 Security 34.43 Surveys Part 34 Appendix A 40.2a inactive tailings sites 40.12 Carrier exemptions 1
40.20 Types of licenses 40.26 GL - possession & storage of-tailings 40.31(f) l
& (h)
License for source ma'terial milling 40.32 General requirements 40.34 Manufacture of depleted uranium products for GL 40.35 Manufacture of depleted uranium products for.GL-40.41 Terms and Conditions 40.51 Transfer of source material 40.65 Effluent monitoring l
Part 40 Appendix A 61.3 License required 61.10 Content of application 61.11 General information 61.12 Specific Technical.information.
61.13 Technical analyses 61.14 Institutional information 61.15 Financial information 61.23 Standards for issuance 61.24 Conditions of licenses 61.27 Application for renewal or closure 61.28 Contents of application for_ closure 61.29 Post-closure observation-61.30 Transfer 61.31 Termination 61.40 General requirement 1/25 /84 A-3
61.42 Protection of individuals from intrusion 61.43 Protection of individuals during operations l
61,44 Stability of site after closure 61.50 Site suitability requirements 61.51 Site design 61.52 Facility operation and site closure i
61.53 Environmental monitoring 61.54 Alternative requirements 61.56 Waste characteristics 61.57 Labeling 61.59 Institutional requirements 61.61 Applicant qualifications 61.62 Funding for closure and stabilization 61.63 Financial assurances 61.81 Tests at disposal facilities 61.82 Commission inspections 70.12 Carrier exemption l
70.18 Types of licenses-70.23(a) Requirements for approval 70.39 Manufacture of Pu calibration sources 70.42 Transfer of SNM 71.12 GL for NRC approved packages 71.13 Previously approved Type B packages 71.14 GL: DOT containers 71.16
-GL : foreign approved. packages 71.81 Operating controls and procedures 71.85-Preliminary determinations 71.87 Routine determinations-(except-fissile related) 71.88 Air transport of Pu 71.89 Opening instructions 150.31 UMTRCA 150.32 UMTRCA l
Division 3 Ruin i
l 19.1 Purpose l
19.2 Scope l
19.4
. Interpretations 19.5 Comunications i
19.20 Employee protection 19.30 Violations 19,31 Applications for exemptions-19.32 Discrimination prohibited 20.1 (a)&(b) Purpose 20.2 Scope 20.6 Interpretations 20.7 Communications 20.107 Medical diagnosis & therapy 20.204 Posting exceptions 20,206 Instruction of personnel 20.305 Disposal by incineration 20.306 Biomedical-waste rule 20.401 Records 1/25/84 A -4
20,407 Personnel Monitoring reports 20.409 Notifications and Reports to Individuals 20,501 Applications for exemptions 20,502 Additional Requirements 20,60'.
Violations 30 1 Purpose & Scope
?U,2 Resolution of conflict 30,5 Interpretations 30,6 Cornunica tions 30,7 Employee protection 30.36 Expiration of licenses 30.37 Applications for renewal 30.38 Applications for amendment 30,39 Comission Action to renew or amend -
30,51 Records 30.52 Inspections 30,53 Tests 30.61 Modification and revocation of licenses 30,62 Withholding of byproduct material 30,63 Violations 31,1 Purpose and Scope 31.2 Terms and conditions 31.8 Am-241 reference sources 31,9 GL to own material 31.10 Sr-90 ice detection devices 31,11 In-vitro GL 32.1 Purpose and scope 33.1 Purpose and scope i
33,11 Broad license requirements 33,12 Broad license requirements 1
33.13 Broad license requirements 33,14 Broad license requirements 33,15 Broad license requirements 33,16 Broad license requirements 33.17 Broad license requirements 33,100 Schedule A 34.1 Purpose and scope 34,3 Applications for specific licenses-34,29 Permanent radiographic installations 34.42 Posting 34,44 Supervision of radiographer's assistants 34,51 Applications for exemptions i
35.1 Purpose and scope 35.2 Medical license requirement 35.3(a)
Definition of " Human Use" 35.3(b)
Definition of " physician" 35.4 Application form 35.11' Licenses for human use 35,12 Licenses for individual physician's 35,13 Human use'of sources 35,14 Group medical licensing 35,21 Teletherapy calibrations 35.22-Teletherapy spot-checks 35,23 Instrument calibration 1/25/84 A-5 l
1.
35.24 Qualified expert 35.25 Teletherapy room monitor 35.26 5-year inspection and servicing 35.27 Records 35.31 Medical GL 35.41 Misadministration reporting 35.42 Misadministration reporting i
35.43 Misadministration reporting i
35.44 Misedministration reporting-35.45 Misadministration reporting 35.100 Medical. Groups 40.1 Purpose 40.2 Scope l
40.3 License requirements l
40.5 Communications 40.6 Interpretations 40.7 Employee protection 40.21 GL-title to source material 40.25 GL-depleted' uranium 40.31 (a)-(e), (g) applications for specific licenses i
40.42 Expiration 40.43 Renewal of licenses 40.44 Anendment of licenses 40.45 Commission action to renew or amend 40.46 Inalienability 40.61 Records 40.62 Inspections 40.63 Tests 40.64 Reports 40.71 Modification, etc.
40.81 Violations 61.1 Purpose and scope 61.4 Communications I
61.5 Interpretations 61.6 Exemptions 61.7 Concepts l
61.9 Employee protection l
61.20 Filing application' 4
61.21 Repetition l
61.22 Updating of application 61.25 Changes 61.26 Amendment of license i
61.80 Maintenance of records 61.83 Violations 70.1 Purpose 70.2 Scope 70.3 License requirements 70.5 Communications 70.6 Interpretations 70.7 Employee protection 70.19 GL for plutonium reference source 70.20 GL to own SNM 70.21 Filing)Ap(c)ications,(d),(e) Contents of applications pl (a),(b,
70.22 1/25/84 A-6 i
l l
70.31 Issuance of licenses-70.32 Conditions of licenses (Except statements strictly applicable-tostrategicquantitiesofSNM) l 70.33 Renewal of licenses l
70.34 Amendment of licenses i
70.35 Commission Action to renew or amend
.i 70.36 Inalienability l
70.37 Disclaimer of warranties 70.41 Authorized use of SNM 70.55 Inspections 70.56 Tests 70.61 Modification and revocction I
70.71 Violations 71,0 Purpose and scope 1
71.1 Communications 71.2 Interpretations i
l 71.3 Requirement for license 1
71.7 Specific exemptions i
71.9 Exemption of physicians 71.91 Recurds 71.93 Inspection and tests 71.95 Reports 71.99 Violations i
71.101-71.137 QA l
150.1 Purpose 150.2 Scope l
150.4 Cormiunications 150.5 Interpretations i
150.30 Violations l
Division 4 Rules j
32.14 Manufacture of exempt items l
32.15 QA - exempt items 32.16 Transfer reports - exempt items 32.17 Manufacture of Sc-46 resins.
32.18 Manufacture of exempt quantities 32.19 Conditions of licenses - exempt quantities' 32.20 Transfer reports - exempt quantities i
32.22 Manufacture of -self-luminous products
)
32.23' Safety criteria - self-luminous products-.
i 32.24 Table of organ doses - self-luminous products l
32.25 Transfer reports
- self-luminous products 32.26 Manufacture of~ gas and aerosol detectors 32.27 Safety criteria - gas and aerosol detectors.
l 32.28 Table of organ doses -. gas and aerosol detectors 32.29 Transfer reports - gas and aerosol detectors 32.40 Schedule A
~i 61.8 Reporting: OMB approval
~
61.16 Other information 61.58 Alternative requirements 61.70 Scope 61.71 State and Tribal consultation 61.72 Filing of' proposals 1/25/84 A-7 i
_l 61.73 Commission approval 70.13 000 70.13a Foreign aircraft 70.20a Strategic quantities of SNM 70.20b Carriers of SNM 70.22 (f),(g),(h),(i),(j),(k) and (1) 70.23(b) Requirements for approval - Pu processing j
70.24 Criticality j
70.44 Creditor regulations 70.51 Material balance,.etc.
70.52 Reports of criticality 70.53 Material status reports 70.54 Transfer reports t
70.57 Measurenent control program-70.58 Nuclear material controls 70.59 Effluent monitoring i
70.62 Suspension and operation in war i
71.18 - 71.24 Fissile material 71.31 - 71.77 NRC package approvals 71.83 Assumptions -unknown properties 150.7 Persons in offshore waters-150.10 Persons exempt 150.14 Physical Protection 150.15 Persons not exempt 150.15a Continued Commission authority 150.16 Materie', transfer reports i
150.17 Material transfer reports 150.17a US/IAEA Safeguards requirements 150.19 Tritium reperts 150.21 SNM by aire.raf t l
I 4
i I
1/25/84 A-8