ML20128M828

Requests Comments on Encl State of IA Draft Program Narrative for Section 274b Agreement W/Nrc by 850715.Ref Criteria for Evaluation & Comments from Preliminary Review Encl.Target Date for Agreement to Be Effective Is 860101

ML20128M828
Person / Time
Issue date:	06/19/1985
From:	Kerr G NRC OFFICE OF STATE PROGRAMS (OSP)
To:	Jennifer Davis, Minogue R, Taylor J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE), NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
Shared Package
ML20128M797	List: ML20128M794 ML20128M828 ML20128M846 ML20128M915 ML20128N005 ML20128N061
References
NUDOCS 8507260078
Download: ML20128M828 (11)

Text

U (2 Q _ (,

O bM cd UNITED STATES NUCLEAR REGULATORY COMMISSION

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WASHINGTON, D. C. 20555 i

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lk Ref: SA/J0L

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DL JUN j 31985 MEMORANDUM FOR: John Davis, Director, NMSS g

{gn James Taylor, Director, IE Guy Cunningham, Executive Legal Director

[/ I)

Robert Minogue, Director, RES f

4 Merold Denton, Director, NRR James Keppler, Regional Administrator, RIII FROM:

G. Wayne Kerr, Director, OSP

SUBJECT:

DRAFT PROPOSAL FROM IOWA FOR SECTION 274b AGREEMENT Iowa is proceeding towards a Section 274b Agreement with NRC. The target date for the Agreement to become effective is January 1,1986.

The State has prepared a draft program narrative to support their request for the Agreement. The request will be in the form of a letter from the Governor to the Chairman. When the official request is received, OSP will prepare an assessment and FR notice and circulate the request (with supporting documents), assessment and FR notice to you for concurrence.

Following the public coment period, OSP will evaluate the l

comments and prepare a Commission paper on the request. The reference criteria for evaluating a request for a Section 274b Agreement is contained in a Connission Policy Statement. A copy is enclosed (enclosure 1).

To provide as smooth a process as possible, we are providing copies of the State's draft program narrative for your review and comment (enclosure 2).

It is our intention to then discuss and resolve the staff's comments with Iowa so that the Governor's request, when received, can be handled expeditiously.

Our preliminary review of the draft narrative has resulted in several comments which are contained in enclosure 3 of the memorandum.

Please~ provide your comments to m by July ~ 15', 1985...If you have any questions, please call Don Nussbaumer, _X-27767..or Joel.Lubenau, X-29887. ~

.W G. Wayne err, Director Office of State Programs

Enclosures:

As stated cc:

R. Lickus, SLO, RIII, w/ encl.

8507260070 850717 PDR STPRGESGIQ L

f

)

POLICY STATEMENTS i

ission.To the extent that an ise and amended by Pub.I 95-eos 46 FR 7s4o ases items within the current approved November 8.1978.nese i

Pubbshed 1/23/81 lations, certification is unneces criteria are intended to indicate factors EHoum U23/81 e

litigation was permissible und which the Commiss!on intends to i

t riginal policy statement.How consider in approviits new or amended is which raise asettere going be Criteria for Gu! dance of States and agreements.ney are not intended to the

, ting regulations may now NRCin Discontinuance of NRC limit Commission discretion in viewing s

certa, danctly to the Commissi Regulatory Authority and Assumption individual agreements or amendments.

shoul Thereof by States Through Agreement la accordance with these statutory cle rl re en (

A oENcy:U.S. Nuclear Regulatory provisions, when an agreement between to the 2 accident (Le in 4 does th DG accident prtivide a Commission.

a Stay and the Ms eUected.de Com n for the acerns pr===ntad). (b)

ACTION: Statement of Policy.

Qis

,g

,t s'

wi at signi of theissue(Le w

is the sUMMAny:The Nuclear Regulatory crer one or more of the following fsequ ]f not addressing e

Commission has redsed its statement of materials. byproduct material as defined bfer ration e$de I pplicy regarding criteria for guidance of inSection11e(1)of the Act the States and NRC in discontinuance of (radioisotopes) byproductmaterialas certificatici from the rational underlymg Comminion NRC regulatory authority and definedin Section11e(2)of the Act(mill considerati of additional

-related assumption of regulatory authority by tailings or wastes), source material reqmruman a4 different soning.

States through agreement.His action is (uranium and thorium), special nuclear incorrect e:-

h lete necessary to make editorial changes to material (uramum 233. uranium 235 and informetton).

Update the policy statement, to allow plutonium) in quantities not sufficient to To the est ta

'on raises States to enter into agreements for low.

form a critical mass and permanent the need for a ufren.

dy level waste only and to incorporate the disposal of low-level waste containing included in the - - - - - "

's list of provisions and requirements of the one or more of the materials stated requir===n'a ting lice:sses.

Uranium Mill Tailings Radiation Control above but not including mill tailings.

certiacation is Aa under the Act of1978. Adoption of this policy will

2. An agreement may be effected old policy sta

t. li tion of the allow interested States to enter into between a State and NRC:(1)upon need for those to la permitted agreements with the NRC and regulate certification by the Governor that the without further as the low-level waste sites only. Additionally.

State has a prog-am for the control of Commission. Tha

~ sion itself has those States that meet the criteria for radiation hazards adequate to protect almady found suffi

,t basis for.

the regulation of uranium mills and the public health and safety with respect of thoseitems.

tallings may exercise regulatory to the materials within the State covered allowmg considers It should be emph ' d that this authority over these sources as provided by the proposed agreement and the policy statement (

ell as the previous by the Uranium Mill Tailings Radiation State desires to assume regulatory

V policy statement)i ended to address Control Act of 1978, as amended.

responsibility for such materials; and (2) issues arising from 30-2 accident.

The revised statement of policy after a finding by the Commission that Cther issues are sted acmrdm8 reflects the following principal changes:

the State program is in accordance with to normal Conmu ion rocedures.*

1. Modification of Criterion 27 to the requirements of subsection o of allow a State to seek an agreement for section 274 and in all other respects the regulation oflow. level waste as a compatible with the Commission's separate category.

program for the regulation of such

2. Inclusion of additional criicria for materials, and is adequate to protect the States wishing to continue regulating public health and safety with respect to uranium and thorium processors and the materials covered by the proposed mill tailings after November S.1921.

agrtement. It is also necessary that the

3. Editorial and clarifying changes to State have enabling legislation make the statement current.

authorizing its Governor to enter into I

DATES: Dis policy statement is effective such an agreement.

3.The original criteria were published january 23.1981..

on March 24.1961 (26 FR 2537) after FOR FURTHER INFORM ATION CONTACT:

John F. Kendig. Office of State Programs, discussions with various State officials U.S. Nuclear Regulatory Commission.

and other State representatives, to Washington, D.C. 20555, telephone: 301 provide guidance and assistance to the 492-7767.

5:stes and the AEC (now NRC)in developing a regulatory program which SUPPLaM ENTARY INFORM ATION:

would be compatible with that of the 1.These criteria were developed to NRC.The critena were circulated implement a pregram authorized by sme Bo"d should cemtr enr b Pub. L 86-373 which was enaeted in the among States. Federal agencies, labor ad Mum, ad der Wmd eas-.: derecdy to the comsmasma in i

form of a new section to the Atomic ds#

be[saYr man $op u$n Energy Act (Section 274) and approved groups for comment.

he

4. The criteria require that the State to 2.s the certarkation av..non pnar to by the President on September 23.1939 authority consider the total accumulated co esion wuen emce (al the soud unshi le th he meee w unihm the e=enas resulano occupational radiation exposure of c.. 7Ea dUh$eEv"$.h or indniduals.To facilitate such an I

appoach. it is the view of the NRC that soud e ru omns ee rmedo rd, son ca s

m ann Nalen bw sienen. : nn n an overall radiation protection prog am

'. r Nac rst tis si.

is desirable. The maximum scope of a see as.so cru ana h hjg [

September 1.1982 PS.42

POLICY STATEMENTS toch State's radiation protection exposure of indaiduals. including that surveys. and disposalar of materials; (b) pregram is not, however, a necesssry or from sources which are not regulated by keep records of the receipt and transfer opprcpriate subject for coverage.in the IL of the materials. (c) report significant criteria. Consequently, the criteria are

5. Surveys. Monitoring. Appropriate incidents involving the materials, as silent on the question of whether a State surveys and personnel monitoring under prescribed by the regulatory authority; should have a total regulatory program the close supervision of technically (d) make available upon request of a covering all sources of radiation, competent people are essentialin former employee a report of the including those not subject to control by achieving radiological protection and employee's exposure to radiation:(e) at the NRC under the Atomic Energy Act, shaU be made in determining request of an employee advise the such as x-rays. radium accelerators etc. compliance with safety re9ulations.

employee of his or her annual radiation

• These revised criteria provide for

6. Labels. Signs. Symbo,s. It is exposure; and (f) inform each employee 3 nto an agreement for a desirable to achieve uniformity in in writing when the employee has i

wporate category of materials, namely, labels, signs and symbols, and the received radiation exposure in excess of low les el w aste material in permanent posting thereof. However, it is essential the prescribed limits.

disposal facilities. They also provide that there be uniformity in labels, signs,

12. Additiono/ Requirements and new criteria for States wishing to and symbols affixed to radioactive Exemptions. Consistent with the overall continue regulating uranium and thorium products which are transferred from criteria here enumerated and to processing and the wastes resudng person to person.

accommodate special cases or therefrom under the provisions of the

7. Instruction. Pertens working in or circumstances, the State regulatory Uranium AbilTailings Radiation Control frequenting restriced areas 8shall be authority shall be authorized in Act of 1978 (Pub. L 95-604) after instructed with respect ta the health individual cases to impose additional November 8.1931.The revised criteria risks associated with exposure to requitements to protect health and also centain a number of editorial radioactive matenals and in precautions safety, or to grant necessary exemptions changes such as changing AEC to NRC to minimize expcsure. Workers shaU which wiU not jeopardize health and where appropriate to conform to present have the right to request regulatory

safety, practice and !aw.

authority inspections as per 10 CFR 19.

Prior Evoluotion of Uses ofRodioactive

6. Inquiries about details of the section 19.16 and to be represented Afoterials criteria or other aspects of the NRC during inspections as specified in Federal State Relations Program should section 19.14 of 10 CFR 19.

13.PriorEvoluotion ofNorords and be addressed to the Office of State

8. Storage. Ucensed radioactive Uses. Exceptions. In the present state of Programs. U.S. Nuclear ReFulatory materialin storage shaU be secured knowledge, it is necessary in regulating Commission. Washington. D.C. 20555.

against unauthorized removal.

the possession and use of byproduct.

source and special nuclear materials

9. Woste Disposol. The andar or the disposal of radio a

als that the State regulatory authority Ob/ectives into the air, water,

..and requi'e the submission ofinformation s

1. Protection. A State reFulatory burial in the soiks, in accordance on. and evaluation of. the potential hazards and the capability of the user or materialg (om Ictiv with Part 1

of ram thaU be designed to protect the Ahof possessor prior to his receipt of the prokth end safety of the people against o rel hea

$f th

'dnbed materials. This enterion is subject to radiation hazards.

qu g h x

limM M

in special certain exceptions and to continuing Radiation Protection Standonfs 8 pe.ssion the aMr riate reappraisal as knowledge and 4 Standards. The State regulatory gulatory authority.

experience in the atomic nergy field increase. Frequenti increasingly in the f there are. and prettam shall adopt a set of standards

10. Regulations Governing Shipment categories of maten,uture there may be, for protection against radiation, which ofRodioactive Afoterials. The State als and uses as to shau apply to byproduct source and shaU to the extent of its jurisdiction special nuclear materials in quantities promulgate regulations applicable to the whichthere is sufficient knowledge to not aufficient to form a critical mass.

shipment of radioactive materials, such pemut possession and use without prior

3. Uniformity in Rcdiction Stardords.

regulations to be compatible with those evaluation of the hazards and the It it important to strive for uniformity in established by the U.S. Department of capability of tl e possessor and user.

technical defiraions and te minology.

Transportation and other agencies of the These categories faU into two groups-particularly as related to such thinFs as United States whose jurisdiction over those materials and uses which may be units c,f measu*ement er.d radiation interstate shipment of such materials e mpletely exempt from regulatory centrols, and those materials and uses dose.There shall be unifonnity on necessarily continues. State regulations rnar.imum perm.nible doses and levels regarding transportation of_ radioactive Ic[gjne d

s so sti e a e of radiation and concentrations of materials must be compatible with to radioactivity, as fixed by Part 20 of the CFR Part 71.

the individual possession or use. In NRC regulations based on efficisuy it. Records ondReports. The State authorizing research and development approved radiation protection guides.

regulatory program shall require that or other activities involving multiple u$ $

i h'

4. Tcto/ Occupationo/ Rodiction holders and users of radioactive l'

gnst ion as P P ns Exposure. The regulatory at.thority shall materials (a) maintain reccrds covering censider the total occupational radiation personnel radia tion exposures. radiation

[a ing and e p ri ee S e

,73,,_,,n,,,,,,;,,,,3,,,ed te Februery 19e

'-Restncted a va sces is any a ee access to provide a means for authorizing broad (25 F1t MJ'. Wrch24.1961.and ar-ended m w hich sa controre d 13 the hcensee for the purpose use of materiaIs without evaluating each fsos ember 190$ 130 F1t 15o64. Dece=ber 4.19651 of radiat2on pmtect;on ofindMduals trem eapceure specific Us8.

!.t.nor ed torial ct:a tses mere made in lune 19Ca to 80 radiation and red cactwe matenals. "Restncted

14. Evoluotion Criterio. In evaluating renect the authont) of the US Department of area" shaU not include any area used as residenhal a proposal to use radioactive materials.

Transportei on and Orseru2ation cf.acas in NCkP.

quarters s!though a separate room or rooms m a the regulatory authority shall the adequacy of the apphcant, determine

'Susgested State resulations and State lesis'ation residential buJdes ma> be set apart as a restncted s facihties mm ne conteni to su cniene enuncmed area s

PS 43 Se tember 1,1982 i

i POUCY STATEMENTS and safety equipment, his training and radioactivity in the proposed use to be experience in this field. ne background j

experience in the use of the materiale evaluated and inspected.This aquires and specific training of these persons for the purpose requested, and his competency to evaluate various willind.cate to sorne extent their proposed administrative controls. States potential radiological hazards potential role in the regulatory prograr::.

should develop guidance documents for associated with the many uses of These trainees, of, course, could be used use by license applicants. this guidance radioactive material and includes initially to evaluate and inspect those should be consistent with NRC licensing concentrations of radioactive materials applications ofradioactive materials and regulatory guides for various in air and water, conditions of shielding.

which are considered routine or more categories oflicensed activities.

the making of radiation measurements, stahdardized from the radiation safety 15.Numan Use. The use of radioactive knowledge of radiation instrumente-standpoint. for example. inspection of materials and radiation on or in burnans their selection. use and calibration-industrial gauges, small research shall not be permitted except by laboratory design, contamination programs, and diagnostic medical y opoty q.nalified persons (normally control. other general principles and programs. As they gain experience and I; censed physicians) possessing practices of radiation protection, and competence in the field, trainees could prescribed minimum, experience in the use of management controle in assuring be used progressively to deal with the use of radioisotopes orradiation.

adherence to safety procedures. In order more complex or difficult types of in" tion to evaluate some complex cases, the radioactive material applications. It is State regulatory staff may need to be desirable that such trainees have a i

~16. Airpose. Frequency.He supplemented by consultants or other bachelor's degree or equivalent in the possession and use of radioactive State agencies with expertise in geology, physical or life sciences and specific sneterials shall be subject to inspection hydrology, water quality, radiobiology training in radiation protection. In by the regulatory authority and shall be and engineering disciplines.

determinma the requirement for subject to the performance of tests, as To perform the functions involved in academic training ofindividuals in all of required by the regulatory authority.

evaluation and inspection, it is desirable the foregoing categories proper Inspection and testing is conducted to that there be personnel educated and consideration should be given to determine, and to assist in obtaining.

trained in the physical and/orlife equivalent competency which has been compliance with regulatory se ences. including biology, chemistry, gained by appropriate technical and m}uimments.

mqency ofinspecHan shah be physics and engmeering, and that the radiation protection experience.

plated M to the amount and Mad personnelhave had training and itis recognized that radioactive experiene in radiation protection. For materials and their uses are ao varied a

of material and ofopendon example, the person who will be that the evaluation and inspection.

Hemsad, and it be adequate to res nelble for the actual performance funcuens wiH mquim skius and I

I""*". Inspeedons Compo

• • "P I""***

17 Ucums of e aluation and inspection of all of the experience in the.different disciplines various uses of byproduct, source and which will not always reside in one shah be under obliganon by w to

{ ave the composit6 of such skills eitherrse.

provide access to inspectm.

special nuclear material which might 1Nfscorson ofAesults of come to the regulatory body should have laspection, ucenes an ennded to be substantial training and extensive in its emplory or at its command.not advised of the resulta of inspectaons and experience in the field of radiation only for routine functions, but also for i

to no to whether or not they are in protection. it is desirable that such a emergency cases.

person bare a bachelor's degree or SpecialNuclearMaterial Source p

equivalent in the physical or life Materioland Tritium Enforcement sciences, and specific training-radiation

21. Conditions Applicable to Special 19.Enforsement. poosession and use pf*'*Cu**

Nuclear Material. Source Material and of radioactive materials should be it is recognized that there will also be Tritium. Nothing in the State's amenable to enforcement through legal persons in the program performing a regulatory program shall interfere with sanctions, and the regulatory authority more limited fun,ction in evaluation and the duties imposed on the holder of the shall be equipped or assisted bylaw inspectiort nese persus will perform materials by the NRC. for example, the with the necessary powers forprompt the day-to-day work of the regulatory duty to report to the NRC. on NRC l

enforcement.nis may include. as program and deal with both routine prescribed forms (1) transfers of special

. appropriate, administrative remedies situations as well as some which will be nuclear material, source material and 4

looking toward issuance of orders out of tne ordinary.nese persons tritium, and (2) periodic inventory data.

requiring affirmative action or should have a bachelor's degree or

22. Special Nuclear MaterioI Defined.

suspension or revocation of the right to equivalent in the physical orlife Special nuclear material. in quantities possess and use materials, and the sciences, training in health physics, and not sufficient to form a critical mass, for impounding of materials. the obtaining approximately two years of actual work present purposes means uranium of injunctive relief, and the imposing of experience in the field of radiation enriched in the isotope U-235 in i

I civil cr criminal penalties.

protection.

quantities not exceeding 350 grams of The foregoing are considered contained U-235; uranium 233 in Personnel desirable qualifications for the staff who quantities not exceeding 200 grams:

20. Qualifications of Regulatory and will be responsible for the actual plutonium in quantities not exceeding Inspection Personnel. De regulatory performance of evaluation and 200 grams; or any combination of them agency shall be staffed with sufficient inspection. In addition, there will in accordance with the following i

trained personnel. Prior evaluation of probably be trainees associated with the formula: For each kind of special I

applications forlicenses or regulatory program who will have an nuclear material, determine the ratio authorizations and inspection of academic background in the physical or between the quantity of that special,

licensees must be conducted by persons life sciences as well as varyingamounts nuclear material and the quantity possessing the training and experience of specific training in radiation specified above for the same kind cf relevant to the type and level of protection but little or no actual work special nuclear material.no sum of

)

J september 1.1982 pg.44 L

l

~

POLICY STATEMENTS such ratios for all of the kinds of special the following quantities in combination for the DOE at U.S. Government. owned nuc! ear material in combination should would not exceed the limitation and are or controlled sites:

not exceed 'T' (i.e unity). For example, within the forc2ula, as follows:

b. Prime contractors performing research in, or development, 175 (grams contained U-235) + 50 (grams U 223) + 50 (grams Pu) = 1 manufacture. storage, testing. or transportation of, atomic weapons or 350 200 200 components thereof:

c. Prime contractors using or operating (This defimtion is subject to change by discontinuance of NRC regulatory nuclear reactors or other nuclear future Commission rule or regulation.)

authority and the assumption of devices in a U.S. Government. owned regulatory authority by the State may vehicle or vessel: and relate to runy one or more of the

d. Any other prime contractor or

. J. bte practices for assuring the fair following categories of materials within subcontractor of DOE or NRC when the and impartial administration of the State, as contemplated by Public State and the NRC jointly determine (i) regulatory law, including provision for law 86-373 and Public Law 95-604:

that, under the terms of the contract or public participation where appropriate,

s. Byprodact materials as defined in subcontract. there is adequate should be incorporated in procedures section11e(1)of the Act.

assurance that the work thereunder can for:

b. Byproduct materials as defined in be accomplished without undue risk to

a. Formulation of rules of general section11e(2)'of the Act, the public health and safety and (ii) that applicability; c.Sou ce materials.

the exemption of such contractor or

b. Approving 't denpng applications

d. Special nuclear materials ir anWetn* te authn ind by law.

for licenses or as '.horization to possess quantities not sufficient to form a I'

at d t.se radioactive materials, and critical mass, dditional Criterla for States Regulating

c. TJing disciplinary actions against

e. Low. level wastes in permanent anium or Thodum Processors and licensees.

disposal facilities, as defined by statute Vastes ResultingTherefrom After ry u Commission rules a ngulations

• • & W 3

Arrangements ForDiscontinuing NRC containing one or more of the materials tatutes Io pf,j,g.,

stated in a, c, and d above but not

24. State Agency Designation. ne including byproduct material as defined

29. State statutes or duly promulgated 9

State should indicate which agency or in Section11e(2)of the Act; Sulations should be enacted.if not already in place,to make clear State agencies will have authority for carryin8 but must relate to the whole of such ausein to carry at 6e nqdremets o.: the program and should provide tne category or categories and not to a part or Public Law 95-604, Uranium Mill

%q, NRC with a summary of thatlegal of any category.*1fless than the five Tailings Radiation Control Act 3

authority.There should be assurances categories are included in any CA) as Mows:

N against duplicate regulation and discontinuance of jurisdiction,

[ ](

a. AuGwity to ngulate 6e tehgs u licensing by State and local authorities, discontinuance of NRC regulatory wastes produced by the extraction or and it may be desirable that there be a authority and the assumption of concentradon of uranium a emium

(

i single or central regulatory authority, regulatory authority by the State of the fr m any ore processed primarily for its 4

25 ExistingNRCLicensesand others may be accomplished s urce matnialcatut.

N Pending Applications. In effecting the subsequently by an amendment or by a

b. That an adequate surety (under discor.tinuance of jurisdiction, appropriate arrangements will be made g*$,*

e[ent may inco orate by provided by the licensee to assure the terms established by regulation) will be by NRC and the State to ensure that reference provisions of oth documenta, completion of allrequirements there will be no interference with or including these criteria, and the established by the (cite appropriate interruption oflicensed activities or the agreement shall be deemed to State agency) for the decontamination.

processing of license applications, by incorporate Mthout spec!!1c reference decommissioning, and reclamation of reason of the transfer. For example, one the provisions of Pub. L 85-373 and Pub.

sites, structures, and equipment used in approach might be that the State. in L 95-604 and the related provisions of conjunction with the generation or assuming ju-isdiction. could recognize the Atomic Energy Act.

disposal of such byproduct material, and continue in effect. for an Arrangements should be made for the

c. Ifin the States' licensing and appropriate period of time under State reciprocal recognition of State licenses law, existing NRC licenses, including and Federallicenses in connection with regulation of byproduct material or of any activity which produces byproduct licenses for which timely applications out-of.the jurisdiction operations by a material, the State collects funds from for rer.ewal have been filed except State or Federallicensee.

where good cause warrants the earlier 28.NRCondDepartment offnergy the licensee or its surety for long. term surveillance and maintenance of such reexamination or termination of the Contractors.The State should provide material, the total amount of the funds licente.

exemptions for NRC and DOE e llected by the State shall be

26. Relations IVith rederal contractors which are substantially transferred to the U.S. if custody of the Corernment and Other States. There equivalent to the following exemptions:

byproduct material and its disposal site should be an interchange of Federal and

a. Prime contracters performing work State information and assistance in is transferred to the Federal connection with the issuance of Government upon termination cf the

,,,yi,u,,,, hich doe. net wihh to conwe

• A state w,,,,,,,,a ghon om p,,c.,,,,,,,4 State license. (See 10 CFR 150.31) If no regulations and licenses or authorizations, inspection of licensees.

byproduct matenal. a. der.ned in section sten) et default has occurred and the reporting of incidents and violations, the Atomic Enersy Act as amended, arte. November reclamation or other bonded activity has and training and education problems.

Zyy*gt-jg"g*L been perfor ned, funds for the purpose Reci roc y gr m nt p oviding for P S.4 5 September 1,1982

POLICY STATEMENTS ng,t a$s eEd are not to be transferred to the Federal

31. It is preferable that State statutes Ng*

• 8*"

Government.De fuads collected by the contain the provisions of Section e of the designate a lead agency for supervisma State shall be sufficient to ensure Model Act.But the following may be and coordinating preparation of thit compliance with the regulations the accomplished by adoption of either environmental assessment. lt is Commission establishes pursuant to procedures by regulation or technical normally expected that the radiation Section 161X of the Atomic Energy Act.

criteria. In any case, subrity for their control agency in Agreement States will

d. In the issuances oflicenses, an implementation should be adequately be the lead agency.ne basic premise is j

opportunity for written comments.

supported by statute. regulation or case that the lead agency is requi ed to public hearing (with transcript) and law as determined by the State Attorney prcpare the environmental assessment.

a cross examination is required.

General.

Utilization of an applicant's

e. In the issuances of licenses, a la the licensing and regulation of ores environmentaireport in lieu of a lead written ceterminatign of the action to be processed priman,ly for their source agency assessment of the proposed iden based upon evidence presented material content and for the disposal of project is not adequate or appropriate.

during the public comment period and byproduct material, procedures shall be However the lead agency may prepen which is subject to judicial review is established which provide a written an environmental anessment based required.

analysis of the impact on the upon an applicant's environmental 4

~ i. A ban on major construction prior to environment of the licensing activity.

report. Other credible information may completion of the aforementioned His analysis shall be avgilable to the be utilized by the State as long as such stipulations.

public before commencement of information is verified and documented

3. An opportunity shall be provided hearings and shallinclude:8 b@ Suk.

i for public participation through written

a. An assessment of the radiological c.When a lead agency is designated.

comments, public hearings, and jadicial and nonradiological public health that agency should coordinate review of rules.

impacts:

preparation of the statement.De other

30. In the enactment of any supporting

b. An assessment of any impact on agencies involved should provide i

legislation, the State should take into any body of water or

undwater, mh4 ct 2 their ams of account the reservations of authority to

c. Consideration of Iternatives to the jurisdiction and expertise. Factors the U.S.in UMT1tCA as stated in to CFR licensed activities; and relevant in obtaining assistance from q

150.15e and summarised by the

d. Con deration oflong. term lin acts other agencies include the applicable following:

statutory authority, the time sequence in a.De establishment of =Inimu==

Regulations which the agencies become involved.

standarda somning mclamation', an

32. State regulatione should be the magnitude of theirinvolvement, and

{

reviewed for regulatory requirements, relative expertise with respect to the term surveillance or sudatanana ownership of the byproduct material.

and where necessary incorporate project's environmental effects.

b.De determination that prior to the regulatory language which la equivalent in order to bring an environmental termination of a license, the licensee has to the extent practicable or more assessment to a satisfactory conclusion.

O L

4 decommissioning and reclamatio' n stringent than regulations and standards it is highly recommended that an initial

• • "P d'**"'*"A"*U**

i adopted and enforced by the scoping document be developed which t

j standards, and ownership requiremente Commission, as required by Secdon clearly delineates the area and scope of for sites at which byproduct materialis gNo (see 10 CFR 40 and laCFR work to be performed by each agency present.

150.31(b)).

within a given time constraint.

c.De requirement that prior to d.For those areasin the termination of any license for byproduct OrganizationalAelationsMps WitMn environmental assessment where the material, as delined in Section 11e.(2), of the States State cannot identify a State agency the Atomic Energy Act or for anF

33. Organizational relationships having sufficient expertise to adequately activity that results in the production of should be established which will avaluate the proposal or prepare an such material, title to such byproduct provide for en effective regulatory assessment, the State should have material and the disposal site be program for uranium mills and mill provisions for obtaining outside transferred to the Federal Government tailmgs.

consulting services. In those instances i

or State at the option of the State

• a.Charta should be developed which where non.governmenstal consultants provided such option is exercised prior show the management organisation and are utilized, procedures should be to termination of the license.

lines of authority.This chart should established to avoid conflict of interest d.The authority to require such define the speciSc lines of supervision censistent with State law and monitoring. maintenance, and from program management within the administrative procedures.

emergency measures after the license is radiation control group and any other Medical consultants recognized for terminated as necessary to protect the department within the State responsible their expertise in emergency medical public health and safety for those for contributing to the regulation of matters, such as the Oak Ridge and materials and property for which the uranium processing and disposal of Hanford National l.aboratories. relating State has assumed custody pursuant to tailings. When other State agencies or to the intake or uranium and its I

Pub. L 95-404.

regional offices are utilized, the lines of dia;nosis thereof associated with e.The authority to permit use of the communication and administrative uranium mining and milling should be surface or subsurface estate, or both of control between the agencies and/or identified and available to the State for l

the land transferred to the United States regions and the Program Director should advi'ce and direct assistance.

or State pursuant under provision of the be clearly drawn.

During the budget preparation, the tiranium Mill Radiation Tailings Control b.Those States that will utilize State should allow for funding costs Act-personnel from other State Departments incurred by the use of consultants. In f.%e authority to exempt land addition, consultants should be ownership transfer requirements of

.ti s. inmog,,e ded ih.i e so d.y priod available for any emergencies which Section 83(b)(1)(A).

IWprov*d for public rem.

I September 1,1982 P S-46 I

i

.., _, -... -. _ _ -. _,,, ~.. - - -,... _

= - _ _. - -

i POUCY STATEMENTS 1

may occur and for which their expertise have additional training in Uranium Mill (b) Geology.

vcould be needed immediately.

Health physica and Envircnmental (c) Hydrology and water quality:

i

1. 1. • ""'I Assessments.

(d) Meteorology;

c. personnel in agencies other than the (e) Background radiation:

34. personnel needed in the processing lead agency are included in these total (f) Tailings retention sys' tem:

i of the licanse application can be person year numbers. lf other agencies (g) Interim stabilization. reclamation.

identified or grouped according to the are counted in these numbers then it and Site Decommissioning Program:

i following skills: Technical:

shall be demonstrated that these (h)RadiologicalDose Assessment:

Administrative; and Support.

personnel will be available on a routine (1) Source terms

a. Administrative personnel are those and continuing basis to a degree (2) Exposure pathway pe sons who will provide internal claimed as necessary to successfully (3) Dose commitment to individuals W W : P:/ memoranda. reviews and comply with the requirements of (4) Dose commitment to populations

.. ;..< 4: vices necessary to assure UMTRCA and these criteris.ne (5) Evaluation of radiologicalimpacts compiedon of the licensing action.

arrangements for making such resources to the public to include a determination j

Support personnel are those persons available shall be documented, such as of compliance with State and Federal who provide secretarial, clerical an interagency memorandum of regulations and comparisons with support. legal, and laboratory services.

understanding and confirmed by background values Technical personnel are those budgetary cost centers.

(6) Occupationaldose ind;viduals who have the training and (7) Radiological impact to biota other experience in radiation protection Functions To Be Coverecf than man necessary to evaluate the enginering 35.He States should develop (8) Radiological monitoring programs.

and radiological safety aspects of a procedures for licensing. inspection. and pre-occupational and operational uranium concsntrator. Currcnt preparation of environmental (i) Impacts to surface and Indicetions are that 2 to 2.75 total assessments, groundwster, both quality and quantity:

4 professional person years' effort le

a. Licensing

0) Environmental eNects of accidents:

needed to process a new conventional (1)1.icensing evaluations or and mill license, in situ license or major assessments should include in-plant (k) Evaluation of tallings management renewal, to meet the requirements of radiological safety aspects in alternatives in terms of regulations.

IMrRCA. Dis numberincludes the occupational or restricted areas and (2)De States are encouraged to effort for the environmental assessment environmentalimpacts to populations in examine the naad to expand the scope and the in plant safety review. It also unrestricted areas from the plant.

of the assessment into other areas such 1

includes the use of consultanta. Heap (2) Itis expected that the State will as:

1 leach applications may take less time review, evaluate and provide (a) Ecology:

and is expected to take 1.0 to 1.5 documentation of these evaluations.

(b)Invironmenu eNects of site

(-

depending on the circumstances (a) proposed activitier, environment and biota:

professional staff years' eNort.

Items wh!ch should be evaluated are:

preparation and facility construction on 3

encountered. Current indications are (b) Scope of proposed action:

(c) Environmental effects of use and that the person years eNort for support (c) Specific activities to be conducted; discharge of chemicals and fuels: and and legal services should be one (d) Administretive procedures:

(d) Economic and social effects.

secretary for approximately 2 (e) Facility organisation and

c. Inspections conventional mills and % staNyears for radiological safety responsibilities.

(1) As a minimum. items which should legal services for each noncontested mill authorities, and personnel be inspected or included during the case.De impact on environmental qualifications:

inspection of a nranium mili should monitoring laboratory support services (f) Licensee audits and inspections:

adhere to the items evaluated in the in.

is diff! cult to estimate but should be (3) Radiation safety training programs plant safety review.ne principalitems added inta the personnel requirements.

for workers:

recommended forinspection are:

In addition, consideration should be (h) Radiation safety program, control (a) Administration:

given to various miscellaneous post.

and monitoring:

(b) Mill ci, cult. including any heensing ongoing activities including the (i) Restricted area markings and additions, deletions, or circuit changes:

Issuance of minor amendmenta, access control:

(c) Accidents /lacidents:

inspections, and environmental

0) At existing mills, review of (d) part 19 or equivalent requirements survelliance. It is estimated that these monitoring data, exposure records, of theState:

actidtles may require about 0.5 to 1 licensee audit and inspection records.

(e) Action taken on previous findings:

pe son years effort perlicensed N:llity and other records applicable to existing (f) A mill tour to determine per year, the letter being the case for a mills:

sompliance with regulations, and license major facility.These figures do not (k) EW tmental monitoring; conditions:

include manpower for Title I activitives (1) E'.e: ncy procedures.

(g) Tailings waste management in 3

of IMI1tCA.

radiolg ;

accordance with regulations and license

b. la evalusting license applications (m) Product transportation: and conditions (see NRC Reg. Guide 3.11.1);

the State shall have access to necessary (n) Site and physical decommissioning (h) Records:

i specialities,e.g radiologicalsafety, procedures, other than tailings.

(i) Respiratory protection in hydrology. geology and dem (o) Employes exposure data and accordance with license conditions or to construction and operation.

bioassey programs.

CFR Part 20.

l In addition to the personnel b.Environmento/ Assessment U) Effluent and environmental f.

qualifications listed in the "Culde for (1)The environmental evaluation monitoring:

Evaluation of State Radiation Control should consist of a detailed and (k) Training programs:

programs." Revision 3. February 1.1980, documented evaluation of the fo!!owing (1) Transportation and shipping:

the regulatory staffinvolved in the items:

(m) Internal review and audit by j

reguleto:y process (Radiation) should (a) Topography:

management:

'i i

pS 47 September 1,1932

POLICY STATEMENTS ments The Commission concludes samples in a variety of sam le media (n) Exit interview. and (o) Fmal written report documentmg resulting from a n alor acci[ent can be this statement satisfies our ob ations under the National the results of the inspection and findings analyzed in a time frame that will allow En onmental Poli,cy Act (NEPA).

timely decisions to be made regarding on each item.

public health and safety.

b that the environmentalimpact (2) 'n addition, the inspector should perform the following-

d. Arrangements should be made to stat.ent for IMI-2 has been publish (a) Independent surveys and participate in the Environmental the nmission believes that the sampling.

Protection Agency quality assurance licert should accelerate the pace c (3) Additional guidance Is contained program for laboratory performance.

the cI nup to complete expeditious' in appropriate NRC regulatory and a!! dec tamination activities cor.si ent inspection guides. A complete with e ring protection of pubhc f alth i.v;p toa should be performed at least and saf and the environment.

once pt par.

46 FR 24764 As th icensee proposes specif

d. 0;crotiona/ Doto Review Pubhshed 5/1/81 deconta nation alternatives for ath (1)In addition to the reporting major cle up activity the staff di requirements required by the regulations determine hether these propo ! sand or license conditions, the licensee will S ement of Policy; Programmatic the associ ed impacts that are submitin writing to the regulatory E

onmentallmpact Statement of predicted t occur fall within t scope agency within 60 days after January 1 th leanup of Three M:le faland Unit of those alt dy assessed in 1 PElS. lf and July 1 of each year, reports ao U.S. Nuclear Regulatory they do not, dditional revie will be specifymg the quantity of each of the Co ssion.

undertaken accordance w NEPA.

principal radionuclides released to ACTi Statement of Policy.

Each propos cleanup acti ry will be unrestricted areas in liquid and in carefully revi ed to assur that all gaseous effluents during the previous six suuu v: On November 21.1979-applicable NR requireme to protect months of operation. This data shad be Nuclea egulatory Commission the health and fety of public are reported in a manner that will permit the directe he staff to prepare a met.If a specifi ro osa equires an regulatory agency to confirm the Program stic Environmenta!!m t

amendment to facili operating potential annual radiation doses to the Stateme PEIS) on the license, public n ice wi be provided in pubhc.

decontam ation and disposal o accordance with mm sion (2) All data from the radiological and radioactiv estes resulting the

,,sulations.ne a ff y act on each non radiological environmental March 28.1 accident at Mile major cleanup ac ity the activity and monitoring program will also be Island. Unit A Statement of oficy and associated enviro

.e alimpacts fall submitted for the same time periods and Notice ofInt t regarding th decision within the scope o se already frequency.ne data will be reported in was publishe in the redera egister on assessed in the PEI e staff willkeep a manner that will allow the regulatory November 27 9 (page 6

). As the Commission inf ed of staff agency to conform the dose to receptors. stated at that e: *In the mmission's actions on each ma activity prior to judgment an o a!! study fthe staff approvalof th ajor activity, Instrumentation decontaminatio and dis salprocesa gg

• ej

36. %e State abould have available will assist the missi in carrying

,,ygroYunen alim a$1ou side t e et both field andlaboratory out its regulatory spo ibt!ities under g g3 instrumentation sufficient to ensure the the AtomicEne et o protect the Qt$ie stal sh lete nec ary licensee's control of materials and to public health and fe as reviewa in acco ance

'th NEPA and validate the licensee e measurements.

decontamination p esses. it wi!! also NRC requireme s and bmit a.The State will submit its list of be in keeping with t purposes of the recommendati e to the mmission.

Instrumentation to the NRC for review.

National Environm s1 Policy Act to Arrangements should be made for engage the public e Commission's Any futur' posal fo isposition of pr cessed a ent-gener ed, water

. and to focus on calibrating such equipment.

decisionmaking p 1

shall be refe d to the Co iss;on for

b. laborato -type instrumentation the environment issu and

• pproval.

should be ava able in a State agency or alternatives bef e co Itments to through a commercial service which has specific clean-u choice te made? As On Septe r 26,1980.

s the capability for quantitative and directed, the lesion staff has Commissio issued a State ntof quahtative analysis of radionuclides now complete a final p rammatic Policy on Pennsylvania blic Utility associated with natural uranium and its environment impact stat ent on all Commissi

's order to the li nsee to decay chain, primarily: U 238. Ra 228, phases of th cleanup of Unit 2 to cease en esist from using a Th-320. Pb 210. and Rn-222, in a variety meet the fo goins cbfectiv operstm evenues for cleanu and of sample media such as will be Preparet' n of this finalat ement has restorati n costs at TMI-2 whi are not encountered from an environmental had the efit of extensive mmenta covere y insurance. We reite tehere sampling program.

from gav ent agencies an e

our pre ous position that we w I not Analysis and data reduction from public. mments on the draft S from excus e licensee from compli ce laboratory analytical facilities should be the Ad> ory Panel for the with y order, regulation or other Decon mination of 30-2 (a p el requi ment imposed by this

)

available to the licensing and inspection which e Commission estabbsh Ito Corr isslon to protect pubbe heal and authorities in a timely manner.

Normally, the data should be available provi e independent advice from I

saf and the environment.

offic Is. scientists and Individuah thermore, the cleanup should i

w! thin 30 days of submittal. State the rea)had not been received p to ca ied aut in accordance with the

(

acceptabihty of quality assurance (QA) ple, tion of the PEIS. However, eria in Appendix R of the PEIS a co programs should also be established for ission has now received the 11 as in conformance with the exis g the analyticallaboratories.

nel's comments and finds that the (

,erating license (DPR-73) and with

c. Arrangernents should also be

,affe final PE!S la responsive to those i

l completed so that a large number of r

l l

September 1,1982 PS-48

POLICY STATEMENTS e

an " unacceptably wide departure" from In a sense, this lacreases the Therefore. the NRC is revising them.

Importance of public comments on this Criterion e to include reference to the I want to emphaelse that my concern policy, for it appears that conceptual performance objectives. techical with these ludgments is not that they improvements in reactor safety will requirements and financial assurance will eventually be found to be have to come from outside this agency.

requirements contained in Part 61 and l

anwarranted. It could well be that the the waste transfer and manifest system Commission's ongoing severe accident contained in Part 20. ne revision also research program (at a funding level of satisfies the provisions of the Nuclear about $50 million per yearj wdl over the )>a8 FR 3337s Weste Policy Act of1982. Criterion 9 next year or two provide the necessary published 7/21/03 will be used in judging the adequacy support for these judgments. net and c comprehensive and complex remarch Discontinuance of NRC Authority and gg,,,.ompatibility of that aspect of a a regulatory program for regulating program has been underway since as Assumption Thereof by Statea land disposal of low level radioactive early as 1000 and the Commission has Through Agreement;Cetteria for mm. No addiumi elon m b yet to have its first briefing on the Guidance of States and NRC criteria are considered necessary at this overall woults obtained thus far.

Aosucy: Nuclear Regulatory time to enter into an agreement with a Information to sup rt these Commission.

State which includes authority to as ro t f thei dus O

acTsose: Statement of policy: Revision.

ate low. level redloactive waste For $greement States currently program, but again, the Commission has suasssaav: Criterion e of the NRC's yet to receive any results of that effort.

Pohcy for Discontinuance of Authority regulating operating burial sites. NRC Much of the same is also true for the dated January 23,1981 appearing at 46 has been and will continue to work with NRC staff a ongoing effort to review and FR 7540-7546. deals with weste disposal.

the States to implement Part 61 evaluate the adequacy of the existing It states that the standards for disposal provisions on a case.by. case basis to plant. specific probabdistic risk into air wster and sewer, and burialin the extent practicable.%e waste -

assessments. Again, the Commission soil shall be in accordance with 10 CR transfer and manifest system.10 CRt

=

Part 20L The Commission's regulation to 20.311 becomes effective December 27 has yet to see any coomete results trosa CFR Part 61, which became effectis e 1963. On an interim basis, arrangements this effort. In the absence of thle type of December 27,19a2. provides licensing are being made with the Agreement information. I simply do not see a basis procedures, performance objectives.

States regulating the existing burial sites for the Commission to reach these technical requirements and financial to implement the waste classification judgments on the likely outcome of the assurance requirements for the issuance system and waste transfer and manifest severe accident evaluations. Fee this of licenses by NRC for the land disposal system through the burial site licensees.

reason. I would have deleted the" of most wastes that are commonly pon pusmean mponesariose coerracT:

judgments from the ympond policF referred to as low. level weste. In Kathleen N. Schneider. Office of State j statement, addition, the Nuclear Wute Policy Act Programs. U.S. Nuclear Regulatory r.--i..t-Giliseky's Separate of 1982 requires that the hTsC and the Commission. Washington, DC 20555.

Views en the Severe Aaddest Poucy Agreement Sta.4e provide and approve telephone: 301-4ebee93.

I share Comunissioner Asseletine's certain stated Anancial armgements supptansastrany esponesafiose Criterion w to inuance d a Ucem fa low-fevel radioactive weste disposal or in concerns and those of the t'a==taala=*e e is revised to reed as follows:

Advisory Comunittee on Reactor Safeguards over the applicatico of this the can dlicems h effect. priw to termination of such licenses.The

9. Radioactive Waste Disposal.

policy. I share especiaUy the ACRS's strong reservations about the financial arrangements are to cove' (a) Weste disposal by material users.

overemphasis in this policy statement completme of all mquimments fw the ne standards for the disposal of on use of"probabilistic risk decontarninetton, decommissioning, sit' radioactive materials into the air, water assessment"in design deciolons dealing closure and reclamation of sites, and sewer, and burial in the soil shall be with protection against severe structume and, equipment used in in accordance with to CHL Part 20.

accidents.In view of the lack of conjunction with low. level waste Holders of radioactive material desiring reliability data and the uncertainties in disposal.

to release or dispose of quantitles or calculational techniques, reactor safety The Commission believes that States concentrations of radioactive materials must continue to depend on time-tested seeking an agreement pursuant to in excm Mprucrikd linuts shall b anglesering principles. Particularly N. as e$nd

[

an to pp pria e regul important in this context are redundant disposal of radioactive waste should

• uthori and diverse means of protection against, establish standards for disposal which Requirements for transfer of waste for i

and mitigation of. reactor core damage are in accord with the opphcable lanfurpose of ultimate disposal at a the

%e Commission should now be giving technical definitions. performance disposal facility (waste transfer additional dance on what it will objectives. technical requirements. and and manifest systein) shall be in require in areas.

fmancial assurance requirements of to accordance with 10 CRt 20.

I And it surprising and disappolating CFR Part 61 and the waste transfer and De waste disposal standards shah that after all this time, despite the large manifest system prescribed in to CFR include a waste classification scheme i

i research programs we donduct, and the Part 20. For the weste marufeet system and provisions for wasta form, extensive empertise and experieoos of to function effectively cn a national applicable to waste generators, that is our staff, we have not yet-in the words basis. it is necessery for all licensees-equivalent to that contained in to Cm of this policy statement " produced both NRC and Agreement State. to Part 61.

significant new lastghts into follow the same system.Dus the (b) Land disposal of waste received consequence mitigation features Agreement States are expected to adopt from other persons.De State shall sufficient to support further regulatory and implement this system for their promulgate regulations containing licensees.

licensing requirements for land disposal changu * * '".

l l

l PS.97 July 29,1983 i

POUSY STATEMENTS of radioactive waste received from other in the NRC Public Document Room.1717 addition. this new guidance will provide persons which are compatible with the il Street NW., Washington, DC.

some flexibility in meeting the new applicable technical definitions.

FoM FURTHER INFORM ATION CONTACT:

requirements of 10 CFR 50.54(m). This h

performanceobjectives technical lames A.Norberg. Office of Nuclear new guidance is not intended to dilute y

requirements and applicable supporting Regulatory Research. U.S. Nuclear the present requirements for shift sections set forth in 10 CFR Part el.

Regulatory Commission. Washington, technical capabilities, but is intended to Adequate financial arrangements (under DC 20555. Telephone: 301-443-7863.or allow for the integration of these terme established by regulation) shall be Clare Goodman. Office of Nuclear capabilities into the normal operating required of each waste disposal site Reactor Regulation. U.S. Nuclear crew.

ITcensee to ensure sufficient funds for Regulatory Commission. Washington.

Policy Guidance decontaminetion, closure and DC 20555. Telephone 301-492-4894.

The Commission continues to stress stabilization of a disposal site. In suPPtatsENTARY INFORM ATION:

addition. Agreement State financia]

the importance of providing engineering arrangements for long term monitoring

Background

and accident assessment expertise on-and maintenance of a specific site must Following the nree Mile Island (nfl) shift.Therefore. licensees of operating lP ants and applicants for operating be reviewed and approv6d by the accident, a number of studies and Commission prior to relieving the site investigations conducted by the NRC, licenses should establish policies that operator of licensed responsibility the industry, and others recommended will ensure that at least one individual (section 151(a)(2). Pub. I.97-425).

changes in the numbers. qualifications, with this expertise is on shift whenever Commissioner Roberts. in and organization of nuclear power plant a nuclear power unit is in an operational disapproving, stated **Civen the states' personnel.One of these mode other than cold shutdown or and the public's interest in all aspects of recommendations was that engineering refueling as defined by the unit's our waste disposal regulations and expertise be available to the shift technical specifications. At this time, guidance, this revision shod go out for supervisor for the purpose ofimproving there are no changes proposed for public comments."

the plant operating staff's capabilities formal education of operators and for responding to abnormal conditions senior operators not fulfilling the and for evaluating operating experience.

engineering and accident assessment

)> as FR 337s1 The initial response to this function.

recommendation was the establishment.

He intent of this policy guidance can

• • d 7/25/83 on an interim basis, of the position of be accomplished by either of the Shift Technical Advisor (STA) as following alternatives:

described in an October 30.1979 letter

1. Continuation of an approved STA Draft Commlaalon Policy Statement on to all operating nuclear power plants.

program, or Engineering Empertlee on Shift NUREG-0578 (July 1979) ' and NUREC-

2. Assignment of anindividualwith AosNcy: Nuclear Regulatory 0585 (October 1979) established that the the following qualifications to the Commission.

purpose of the STA is to provide operating shift crew as one of the Senior f

engineering expertise and advice to the Operators required by 10 CFR.50.54(m): (

Action: Notice of Draft Commission shift supervisor in the event of abnormal

s. Baccalaureate degree or equivalent Policy Statement regarding Engineering or accident conditions. Following in engineering or related sciences, and Expertise on Shift.

Issuance of NUREG-0578 and NUREG-

b. Licensed as a senior operator on suasosany: This draft Policy Statement 0585. the NRC issued a series of letters the particular nuclear power unit (s), and proposes NRC's position of ensuring that and reports to clarify the details of the

c. Specific trainlag in the response to adequate engineering and accident STA job function and to present an and analysis of plant transients and assessment expertise is provided to the acceptable approach for accidents, plant design and layout, shift supervisor. ne draft Policy imp!ementation. Four documents were capabilities of instrumentation and Ststement would allow licensees, and prepared by the NRC for all operating controls in the control room, and applicants for operating lic*nses, to nuclear power plants: two letters from training in the relationship of accident combine the Senior Reactor Operator NRC officials (September 13.1979 and conditions to offsite consequences and and Shift Technical Advisor functions.

October 30.1979):NUREG-Oee0 (May protective action strategies.

In addition, the guidance would provide 1980); and NUREG-0737 (November For individuals fulfilling the 1980). In addition, the Institute for engineering and accident assessment some flexibility in meeting the new requirements of 10 CFR 50.54(m). It is Nuclear Power Operations (!NPO) function, as delineated in Alternative 2 not the intent of this draft Policy

!.ssued a report (April 1980) providm.g Part a. above, equivalency shall be Statement to reduce the present interim guidance

• to utilities in defined as:

requirernents for shift technical I rmulating their STA programs which (a) Professional Engineer License, or were referenced in NUREG-0737.The capabilities, but to allow for the (b) Successful completion of the I'

'p ' '

integration of the capabilities into the

,,';,n snd tra Engineering in Training (EIT) ende r

• • • • "*" "'I"I ####I'###" #I###

normal operating crew.

' "did oAves: Submit comments by September t $is tim $e optimum manner of ICI#######

technicoI ortions of on accredited.four 23.1983. Comments received after that providing engineering and accident P

I'## ##8 ""###8 #'8#P#####"'

date will be considered if it is practical assessment expertise to the shifts is still If the second alternativeis selected, to do so. but assurance of consideration under evaluation. In the interim. the the separate STA position may be cannot be given except as to comments Commission is issuing this new policy eliminated. However. it is not the intent received on or before this date.

guidance to reassert the Commission's

, n Aoonasses: Submit comments, belief that adequate engineering and sp cy suggestions, or recommendations to the accident assessment expertise must be 8

8 sessment Secretary of the Commission. U.S.

available to the operating crew at all expertise on shift, but only to Nuclear Regulatory Commission, operating nuclear power plants. in incorporate these quahfications in a Washington. DC 20555. Attention:

member of the operating crew. in Docketing and Services Branch. Copies p [ $"$,N N 'E*Is'[,. d NRc addition, total shift manning will neea to of comments received may be examined w..Naaton. DC.

be sufficient to provide staffing to July 29,1983 PS 98

t Comments on Draft Iowa Proposal for 274b Agreement o

The enclosure consists of 2 parts: A May 15, 1985 letter enclosing the draft narrative and a June 5,1985 letter enclosing final regulations. On page 10, the reference to the State regulations will need to be changed to reflect the fact that the regulations have been approved and adopted.

o The Iowa Agreement will not include authority to regulate the disposal of low-level radioactive waste or mill tailings. A statement on p.17 is needed to cover this and the Agreement will be prepared accordingly.

o Minor changes are needed for the State's inspection priority system to conform it to IE P.C 2800. The State's intention is to list only those categories for which licenses will be received by' Towa from NRC; therefore a category for portable gauges is needed, as well as a commitment to add other categories and priorities that will e

conform to NRC's, when they are needed.

o The staff's resumes will need to be updated to reflect additional training received up to the time of the Governor's request.

o OSP has discussed the draf ting of the Governor's letter and the Agreement with the State and will coordinate final drafts with ELD.

o Iowa's enabling legislation, " Chapter 136C, the Code" and the MOU's

'between the Iowa Health Department were previously reviewed by 059 and ELD. The regulations follow the Suggested State Regulations model.

l

~.-

t,a lc u u 3

..)