ML20138D416

General Overview of Agreement State Program

ML20138D416
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Issue date:	04/30/1997
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NUDOCS 9705010120
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l GENERAL OVERVIEW OF AN AGREEMENT STATE PROGRAM U.S. NUCLEAR REGULATORY COMMISSION OFFICE OF STATE PROGRAMS i

COMPLETED FOR THE STATE OF j

WYOMING i

APRIL,1997 i

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OUTLINE

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===1.

Background===

II.

Division of Authority l

111.

Details on Becoming an Agreement State j

IV.

Activities Prior Signing Agreement V.

Timeline For Processing an Agreement

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VI.

Post Agreement Program i

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9705010120 970418 PDR STPRG ESGWY PDR

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BACKGROUND i

SECTION 274 OF THE ATOMIC ENERGY ACT i

Enacted in 1959 t

j Initiative From States to Regulate Atomic Energy Recognizes Interests of States j

i Establishes Cooperative Program j

Provides a Mechanism for Transfer of Certain NRC Authority Provides for Coordination in Development of Standards Reserves Certain Areas for NRC to Regulate Modified in 1978 to Direct NRC to Periodically Review Agreement State l

Programs DeConcini Amendment in 1980 Authorizes NRC to Suspend All or Part of i

an Agreement in an Emergency

~ AGREEMENT STATE STATUS - FACTORS FOR CONSIDERATION Fulfills intent of Section 274 State Radiation Control Agencies Regulate All Radiation Sources Regulatory Agency is Closer to Licensees and Can Generally Be More Responsive to Licensees Enhances Core of Knowledgeable Persons at State Level Single Regulatory Agency for Most Users States Must Fund Program Administration Some Licensees May Still Be Subject to More Than One Regulatory Agency Requires Coordination Between NRC and States FUNDING AGREEMENT STATE PROGRAMS NRC, As Matter of Policy, Does Not Provide Seed Money to Establish Agreement State Program NRC Not Authorized to Provide Operating Funds a

NRC Training, Travel, and Technical Assistance to Be Provided Under Reimbursable Agreements With States. Space Available, No-cost Tuition, NRC Training Available NRC Assesses License Fees (10 CFR 170 and 171)

Over 90% of Material Licensees in US (NRC & State) Are Subject to Fees Model Legislation includes Fee Authorization 2

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DIVISION OF AUTHORITY l

STATE AUTHORITY: CATEGORIES OF AGREEMENT Standard Aareement l

Authority to Regulate:

l Byproduct materials as defined in Section 11e(1) of the l

Atomic Energy Act (Material Yielded in or Made Radioactive j

Through the Process of Producing or Utilizing Special l

Nuclear Material)

Source material Special nuclear material in quantities less than critical mass State regulates all categories of licensees except uranium mills and 1

low-level waste facilities At State option, sealed source and device evaluation authority may be retained by NRC Uranium Mill Aareement Authority to regulate byproduct materials as defined in Section 11e(2) of the Atomic Energy Act (tailings or wastes produced by the extraction or concentrations of uranium or thorium from ore)

Low-Level Waste Aareement Authority to regulate land disposal of radioactive waste Full Aareement Authority to regulate all of the categories above AREAS OF AUTHORITY RESERVED TO NRC 10 CFR Part 150 -Implementing Regulations NRC Retains Authority Over Federal agencies Production and utilization facilities Exports and imports Disposal in the ocean High level waste handling and disposal Transfer of materials to persons exempt from licensing (consumer products)

Large quantities of special nuclear material t

Off-shore waters Certain aspects of mill tailings management j

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y 111.

DETAILS ON BECOMING AN AGREEMENT STATE OVERVIEW OF PROCESS TO BECOME AN AGREEMENT STATE (FUTURE REVISIONS LIKELY)

Letter of Intent From Governor OSP Project Manager Assigned State /NRC Negotiations Leading to Development of Draft Request Governor Requests Agreement and Certifies State Has Adequate Program Request includes Supporting Legislation, Regulations, and Program Description NRC Staff Evaluation Against 1981 and 1983 Criteria for Agreements Commission Approval and Publication in the Federal Reaister for Public Review and Comment Chairman / Governor Signing Ceremony Orderly, Phased Assumption of Authority Continued Post-Agreement Exchange-of-information and Assessment of Program Performance NRC CRITERIA FOR STATES ENTERING INTO AN AGREEMENT

• Comprehensive Radiation Protection Standards Licensing Program i

Inspection and Enforcement Program Adequate Number of Trained Personnel i

Provisions for Fair and impartial Administration l

Arrangement for Discontinuing NRC Jurisdiction l

Additional Criteria for States Regulating Uranium or Thorium Mill Tallings Additional Criteria for Limited Agreement for Low-Level Waste

• 198111983 Policy Statement: Criteria for Guidance of States and NRC in Discontinuance of NRC Regulatory Authority and Assumption Thereof by States Through Agreement ACTIONS NRC MUST TAKE FOR STATE TO BECOME AGREEMENT STATE l

Find the State Program Compatible l

Find the State Program Adequate to Protect Public Health and Safety l

Prepare Staff Assessment Based on 1981 and 1983 Policy Statement Publish the Staff's Assessment in the Federal Reaister for 4 Consecutive Weeks l

Arrange for Orderly, Phased Discontinuance of NRC Jurisdiction 4

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y PROVISIONS OF AGREEMENTS Effective Date of Transfer Continued Compatibility NRC Retains Authority in Area of Common Defense and Security and Safeguards for SNM Reciprocal Recognition-of Licenses Termination of the Agreement Certain Conditions Regarding Mill Tailings for Those States with Mill Authority IV.

ACTIVITIES PRIOR SIGNING AGREEMENT REVIEW OF STATE RADIATION CONTROL STATUTES, REGULATION, POLICIES, AND PROCEDURES Provides Authority for Governor to Enter into Agreement With the NRC i

Designates the Location of the Program (Agency) and Defines Authority j

Does Not Authorize Regulation in Areas Reserved to Federal Govemment Contains Declaration on Policy, Purpose, Technical Terms, Organization, Responsibilities and Administration, Etc.

Review of State Radiation Control Regulations Equivalent to the Following NRC Regulations (State Rules Must be Up-To-Date and Compatible With NRC Rules in Effect at the Time of Agreement Signing):

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Part 19, " Notices, instructions and Reports to Workers; inspection l

and investigations;"

2.

Part 20, " Standards for Protection Against Radiation;"

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Part 30, " Rules of General Applicability to Domestic Licensing of l

Byproduct Material;"

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Part 31, " General Domestic Licenses for Byproduct Material;"

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Part 32, " Specific Domestic Licenses to Manufacture or Transfer l

Certain items Containing Byproduct;"

6.

Part 33, " Specific Domestic LIconses of Broad Scope for Byproduct j

Material;"

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Part 34, " Licenses for Radiography and Radiation Safety l

Requirements for Radiographic Operations;"

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Part 35, " Medical Use of Byproduct Material;"

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Part 36, " Licensing and Radiation Safety Requirements for Irradiators;"

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Part 39, " Licenses and Radiation Safety Requirements for Well l

Logging;"

11.

Part 40, " Domestic Licensing of Source Material;"

12.

Part 70, " Domestic Licensing of Special Nuclear Material;"

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Part 71, " Packaging and Transportation of Radioactive Material;"

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14.

Certain Portions of Part 150, " Exemptions and l

Continued Authority in Agreement States and in j

Offshore Waters under Section 274."

l For LLW Authority:

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15.

Part 61, " Licensing Requirements for Land Disposal of Radioactive Waste," and j

I For Uranium Authority 16.

Part 40, " Domestic Licensing of Source Material;" Appendix A.

i For Limited Agreement for Low-Level Waste Disposal:

1.

Part 19, " Notices, Instructions and Reports to Workers; Inspection and investigations;"

2.

Part 20, " Standards for Protection Against Radiation;"

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Part 61, " Licensing Requirements for Land Disposal of Radioactive Waste,"

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Part 71, " Packaging and Transportation of Radioactive Material;"

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Certain Portions of Part 150, " Exemptions and Continued Authority l

In Agreement States and in Offshore Waters Under Section 274."

For Limited Agreement for Uranium Recovery Licensing:

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Part 19, " Notices, Instructions and Reports to Workers; Inspection and investigations;"

2.

Part 20, " Standards for Protection Against Radiation;"

3.

Part 40, " Domestic Licensing of Source Material;" Appendix A.

4.

Part 71, " Packaging and Transportation of Radioactive Material;"

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Certain portions of Part 150," Exemptions and Continued Authority 3

in Agreement States and in Offshore Waters under Section 274."

Review of State Radiation Control Program Narrative Description Poll::les, Practices and Procedures for Administration, Licensing, inspection, and Enforcement Investigative Aspects of Program Personnel Resources and

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i Qualifications, Organization, Survey and Laboratory instrumentation,

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Forms, Guidance, and Operating Procedures Policies and Procedures Must Be Written. (Reference Existing NRC or Submit Copies of State Procedures)

Submittal of Draft Application Package for Review NRC Review and Comment on Draft Package l

FORMAL REQUEST FOR AGREEMENT BY THE GOVERNOR Letter From Governor Specifies categories being requested Certifies State is adequate Certifies State has authority to enter agreement Designates State agency for agreement program Indicates type of ceremony desired,if any Enclosures to Letter From Governor Proposed agreement document State radiation control statutes Program description Radiation control regulations POST SUBMITTAL ACTIVITIES Acknowledgment Letter to Governor l

Office Review / Concurrence on Draft Federal Reaister Notice Containing NRC Assessment of State Program Send Draft Federal Reaister Notice to Commission for Approval and Publication for Once a Week for Four Consecutive Weeks Prepare Commission Action Paper With Any Public Comments Considered and With Appropriate Draft Public Notifications Agreement Signing i

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TIMELINE FOR PROCESSING AN AGREEMENT (SUBJECT TO REVISION)

Pre-Submittal Staff Review: 6 months - 1 year l

(Time estimate assumes statutes, regulations, and program description have been drafted by State and are complete.)

1 Post-Submittal Staff Review: 5 - 7 months Formal review (4 - 5 months), preparation of staff assessment, and l

publication for comment Analysis of public comments, final staff assessment, and j

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(1 - 2 months) Commission approval l

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Signing Ceremony 1 month after Commission approval Effective Date 1 month after signature VI. POST AGREEMENT PROGRAM l

EXCHANGE OF INFORMATION Reports of Unusual Events and Abnormal Occurrences in Agreement States Copies of Sealed Source and Device Evaluation, GL Licenses and "E" Licenses Exchanged l

Review of Draft and Final Regulations Annual Organization of Agreement States All Agreement States Meeting i

Other Workshops / Meetings l

TECHNICAL ASSISTANCE Management Directive 5.7 " Technical Assistance to Agreement States" Confirmatory Licensing and Inspection Assistance Handled by correspondence or telephone Casework (minor)

Licensing policy Inspection practico Interpretations i

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Direct Licensing or inspection Assistance Inspection License application evaluation Special evaluations and studies Beginning in FY-97, provided under reimbursable agreements NRC Office Roles - Regions, SP, NMSS, OGC, AEOD TRAINING PROGRAM

.NRC Core Courses Apphed Health Physics (5 weeks)

Health Physics Technology (2 weeks)

Inspection Procedures ( 2 weeks in 1997)

Root Causellncident investigation Licensing Practices and Procedures Diagnostic and Therapeutic Nuclear Medicine Teletherapy and Brachytherapy Industrial Radiography Transportation of Radioactive Materials Other Courses Safety Aspects of Well Logging Irradiator Technology Environmental Monitoring Health Physics Engineering REVIEWS OF STATE PROGRAMS UNDER SECTION 274j Integrated Materials Performance Evaluation Program (IMPEP)

Routine On-Site Review Frequency May be Up to Four Years Based on Program Performance Reviews Scaled to the Size of the Agreement State Program Five Common Performance Indicators Other Non-Common Performance Indicators Reviews Conducted by Team of NRC Offices (OSP, NMSS, Regional) and Agreement State Staff Management Review Board (MRB) a Annual One-Day NRCIAgreement State Meeting in Years Between IMPEP Reviews 9

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TN: DT-95-20 i

j To:

NRC Management Directives Custodians 1

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Subject:

Transmittal of Management Directive 5.6, " Integrated Materials Performance Evaluanon Program (BfPEP)"

l Purpose Directive and Handbook 5.6 are being issued to establish the l

process by which the Office of Nuclear Material Safety and i

Safeguards and the Office of State Programs, with assistance from the Agreement States, conduct their periodic assessments of the j

NRC regions and Agreement States to determine the adequacy of j

the nuclear material licensing and inspection programs.

j Office of Origin:

Office of Nuclear Material Safety and Safeguards and j

Office of State Programs

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Contact:

George Deegan,415-7834 i

Date Approved:

September 12,1995 i

Volume:

5 Governmental Relations and Public Affairs Directive:

5.6 Integrated Materials Performance Evaluation Program l

(BiPEP) i' Availability:

U.S. Government Printing Office, (202) 512-2409 i

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OFFICE OF ADMINISTRATION 4

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Integrated Materials Performance Evaluation l

Program (IMPEP)

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Directive 5.6 i

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V:lume 5, Gr,vernment:1 Relati:ns cnd Public Affairs Integrcted Mcteri Is Perform nce Ev lutti:n Program (IMPEP)

Directive 5.6

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Contents Pol i cy................................................................

1 Object i ves...........................................................

1 Organizational Responsibilities and Delegations of Authority...........

2 Deputy Executive Director for Nuclear Materials Safety, Safeguards, and Operations Support (DEDS).......................................

2 Director, Office of Nuclear Material Safety and Safeguards (NMSS) and Director. Office of State Programs (OSP)............................

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G en e ral Co u nsel..................................................... 2 Director, Office for Analysis and Evaluation of Operational Data (AEOD).... 3 1

l Regional Administrators..............................................

3 Appli cabili ty.........................................................

3 H a n d book............................................................

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Re fe ren ces....................................................... ~....

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I Approved: September 12,1995 iii

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E 1 U. S. Nuclear Regulatory Commission

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Volume: 5 Governmental Relations and Public Affairs NMSS/OSP I

Integrated Materials Performance Evaluation Program (IMPEP)

Directive 5.6 Policy (5.6-01)

It is the policy of the U.S. Nuclear Regulatory Commission to evaluate the regional materials programs and Agreement State radiation control programs in an integrated manner, using common performance indicators, to ensure that the public health and safety is being adequately protected.

Objectives l

(5.6-02)

To establish the process by which the Office of Nuclear Material e

Safety and Safeguards and the Office of State Programs conduct their periodic assessments to determine the adequacy of the licensing and inspection programs in the NRC regions and Agreement States. (021)

To provide NRC and Agreement State management with a more e

systematic and integrated approach to evaluate the strengths and weaknesses of their nuclear material licensing and inspection programs. (022)

To provide significant input in the regulatory decisionmaking e

process and indicate areas in which NRC and the Agreement States should dedicate more resources or management attention. (023) f 1

Approved: September 12,1995

l V:lume 5, Governmental Reitti:ns end Public Affcirs Integrzted Mct: rials Perfcrm:nce Evaluati:n Progr:m (BIPEP) l Directive 5.6 i

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Director, OfUce for Analysis and Evaluation of Operational Data (AEOD)

(034)

Participates on management review boards.

Regional Administrators 4

(035) implement the IMPEP within their respective regions. (a) e Provide staffing support for review teams, as needed. (b)

Applicability (5.6-04)

The policy and guidance in this directive and handbook apply to all NRC employees who are responsible for and panicipate in the IMPEP.

Handbook (5.6-05) l Handbook 5.6 describes the performance indicators that will be used, l

the performance standards against which these indicators will be l

evaluated, and the frequency and process sequence to be employed.

The "Glcssary" in the handbook also defines some of the key terminology.

References (5.6-06)

Code of Federal Regulations,10 CFR 35.2, " Purpose and Scope."

NRC Inspection Manual, Chapter 1245, " Inspector Qualifications."

, Chapter 1246, " Materials Ucense Reviewer Qualification."

, Chapter 2800, " Materials Inspection Program."

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Integrated Materials Performance Evaluation Program (IMPEP) i l

Handbook 5.6

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V:lume 5, Gry:rnmental Rel:ti:ns cod Public Affzirs Integrat:d Mcteriais P:rf:rmance Ev:lurti:n Pr: gram (IMPEP)

Handbook 5.6 Parts I - IV l

l Contents l

Part.I l

Eval uat io n............................................................

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l Evaluation Frequency (A)..............................................

1 Evaluation Process Sequence (B)........................................

1 Part II Perform a n ce In d ica t ors................................................

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G e n e ral ( A).........................................................

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Programmatic Indicators (B)............................................

4 Performance Indicator 1-Status of Materials Inspection Program (1).......

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Performance Indicator 2-Technical Staffing and Training (2)..............

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Performance Indicator 3-Technical Quality of Licensing Actions (3)........

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Performance Indicator 4-Technical Quality of Inspections (4).............

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Performance Indicator 5-Response to Incidents and Allegations (5)........

6 Part III Eval u a t i o n Cri t e ria....................................................

7 Indicator 1-Status of Materials Inspection Program (A)....................

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l S a tisfa ct o ry ( 1 )....................................................

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Satisfactory With Recommendations for Improvement (2).................

8 Unsa tisfa ctory (3).............................. '....................

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Ca t e g o ry N (4)....................................................

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Indicator 2-Technical Staffing and Training (B)...........................

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S a tisfa ct ory (1 )....................................................

8 Satisfactory With Recommendations for Improvement (2).................

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Unsatisfa ctory (3 ).................................................. 10 l

Ca t e go ry N (4 ).................................................... 10 Indicator 3-Technical Quality of Licensing Actions (C)..................... 11 l

Sa tisfa ct ory ( 1 )................ -.................................... 11 Satisfactory With Recommendations for Improvement (2)................. 11 Unsatisfa ct ory (3).................................................. 11 4

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V;lume 5, Governmental Relations cnd Public Affairs Integrated Mcteri:Is P;rf rmance Ev:lurti:n Program (IMPEP)

Handbook 5.6 Pcrts I - IV

,i Contents Part. III(continued) 12 Cate gory N (4)....................................................

Indicator 4-Technical Quality of Inspections (D).......................... 12 Satisfact ory (1).................................................... 12 Satisfactory With Recommendations for Improvement (2)................. 12 Unsatisfa ctory (3).................................................. 13 Cate g ory N (4 ).................................................... 13 Indicator 5-Response to Incidents and Allegations (E)..................... 13 Satisfa ct o ry (1 ).................................................... 13 Satisfactory With Recommendations for Improvement (2)................. 14 Unsatisfactory (3).................................................. 14 Ca te go ry N (4 ).................................................... 14 Part IV

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Programmatic Assessment............................................. 15 G e n e ral ( A)......................................................... 15 Findings for Agreement State Programs (B)............................... 16 Finding 1-Adequate to Protect Public Health and Safety and C o mp a tibl e (1)................................................. 16 Finding 2-Adequate to Protect Public Health and Safety and Not Compa tible (2)............................................. 16 Finding 3-Adequate. But Needs Improvement and/or Not Compatible (3).. 16 Finding 4-Inadequate to Protect Public Health and Safety and/or Not Comp atible (4)............................................. 17 Findings for NRC Regional Programs (C)................................ 17 G l o s s a ry.............................................................. 18 iv Approved: September 12,1995

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Integrated Materials Performance Evaluation Program (IMPEP)

Handbook 5.6 Part I q

Part I Evaluation Evaluation Frequency (A)

NRC will review the performance of each region and each Agreement State on a periodic basis. The schedule for conducting each regional or Agreement State visit will be developed by the Office of Nuclear Material Safety and Safeguards (NMSS) and the Of5ce of State Programs (OSP) in coordination with the regions and States.

Approximately 10 to 12 reviews will be scheduled in most years. Under normal conditions, this would allow evaluations of NRC re'gions every 2 years, and Agreement States every 3 years. However, these i

frequencies can be adjusted upward or downward on the basis of the findings from the last review or in light of significant program changes in a particular State or region. In addition, this schedule provides for review of certain NMSS functions on an as-needed basis.

Evaluation Process Sequence (s)

The typical evaluation process for the review team is summarized below Develop review schedule for the year. (1) e Assemble and train team members. (2)

Designate team leader and members for each scheduled e

resiew. (3)

Review completed licensing actions on an ongoing basis to help e

focus reviews. (4)

Transmit questionnaires to affected regions and States. (5) e Approved: September 12,1995 1

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Handbook 5.6 Part I Evaluation Process Sequence (B)(continued)

Provide copies of questionnaire responses and most current e

performance data summary to team members. (6)

Assess a sample of inspections at different types of licensed e

facilities by accompanying the inspectors. (7)

Conduct onsite ponion of IMPEP, using the criteria specified in e

this handbook and any performance review procedures in conjunction with any customized review elements. (8)

Prepare draft IMPEP report, with recommendation for overall e

performance evaluation, for office director's signature. (9)

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Issue the draft report. (10) e Review and consider written comments received from the regions e

or Agreement States. (11)

Prepare proposed final report for consideration by the e

management review board (MRB). (12)

Conduct MRB meeting. (13) e Issue Snal reports, include the written responses received and any e

changes to the report based on consideration of the written responses, and a summary of MRB findings. (14) 2 Approved: September 12,1995

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Integrated Materials Performance Evaluation Program (IMPEP)

Handbook 5,6 Part H Part II Performance Indicators General (A)

A description of the performance indicators to be evaluated for each l

region and each Agreement State is given in (B) of this pan. The evaluation criteria (i.e., performance standards) against which these l

indicators are to be assessed are described in Part III of this handbook.

l These reviews determine program adequacy and compatibility in the Agreement States and are instrumental in improving State and NRC regional performance, thus ultimately leading to improved licensee performance. (1)

The performance indicators should be used as a starting point of inquiry. This, in turn, should lead program evaluators to a more careful examination of the underlying conditions, or root causes, of potential problem areas. Evaluators may Snd correlations exists l

between two or more performance indicators. In this situation, the impact of individual performance symptoms could be compounded when combined with others. Conversely, a regulatory program measured as potentially weak against one particular indicator, l

nonetheless, could be rated as strong overall if there are sufficient mitigating factors with respect to other indicators. (2)

Certain non-reactor functions th:t continue to be conducted from NRC headquarters, such as fuel cycle licensing, uranium and thorium milling, sealed source and device reviews, low-level radioactive waste disposal licensing, and safeguards activities are excluded from this set ofindicators because they are not common to regional and Agreement State activities. These may be incorporated, as appropriate, as noncommon indicators contributing to a performance-based evaluation of a program. (3)

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V:lume 5, Gsvernmental Relatisns cnd Public Affairs Integrated Miterials Perferin:nce Evalu ti n Pr: gram (IMPEP) g Handbook 5.6 Part II General (A)(continued)

For Agreement States, the noncommon indicators will be legislative and legal authority, compatibility, uranium and thorium milling, sealed source and device reviews, and low-level radioactive waste disposal licensing. (4)

This exclusion does not prohibit the Office of Nuclear Material Safety and Safeguards (NMSS) and the Office of State Programs (OSP) from using other indicators and/or performance standards to supplement those described in this directive. (5)

Programmatic Indicators (s)

Performance Indicator 1-Status of Matedals Inspection Program (1)

Periodic inspections oflicensed operations are essential to ensure that activities are being conducted in compliance with regulatory requirements and consistent with good safety practices. The frequency of inspections is speci5ed in the NRC Inspection Manual, Chapter 2800, and is dependent on the amount and the kind of material. the type of operation licensed, and the results of previous inspections.

There must be a capability for maintaining and retrieving statistical data on the status of the compliance program. Information regarding the number of overdue inspections is a significant measure of the status of an Agreement State's or NRC region's materials inspection program, although reviews also should examine specific cases where the inspection frequency has been significantly exceeded (i.e., by more than 100 percent). The terms " materials inspection" and " overdue inspection" are defined in the Glossary to this handbook.

Performance Indicator 2-Technical Stamng and Training (2)

The ability to conduct effective licensing and inspection programs is largely dependent on having a sufficient number of experienced, knowledgeable, well-trained technical personnel. Under cenain conditions, staff turnover could have an adverse effect on the implementation of these programs: thus it could affect public hea',th and safety. (a)

For this performance indicator, qualitative as vsell as quantitative measures must be considered. In particular, the reason for apparent trends in staffing must be explored. Is the rate of turnover and the i

4 Approved: September 12,1995 m

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V:lume 5, Gsvernmental Rel tirns cnd Public Affairs Integrated M terials Perfcrmince Evtlu:ti:n Prcgrcm (IMPEP) o Handbook 5.6 Part H Programmatic Indicators (s)(continued)

Performance Indicator 2-Technical Staffing and Training (2)

(continued) degree of understaffing symptomatic of a chronic problem or is it merely a short-term phenomenon? Why is turnover high? What steps are being taken to address this? What effect is it having on other performance indicators? (b)

Review of staffing also requires a consideration and evaluation of the levels of training and qualification of the technical staff. New hirees need to be technically qualified. Professional staff normally should have bachelor's degrees or equivalent training in the physical and/or life sciences. Training requirements for NRC inspectors are specified in the NRC Inspection Manual, Chapter 1245, and for NRC materials licensing reviewers, in the NRC Inspection Manual, Chapter 1246.

The requirements include a combination of classroom requirements and practical on-the-job training. Some NRC regions impose additional requirements on certain license reviewers or inspectors, depending on their individual responsibilities and the types of licenses they review and/or inspect. (c)

In addition, the qualification process for NRC materials program inspectors includes demonstration of knowledge of relevant sections of the Code of Federal Regulations, completion of a qualifications journal, and appearance before a qualification board. Although Agreement States need not follow the NRC Inspection Manual, Chapters 1245 and 1246, they should have a program for training and quali5 cation of personnel, and it should be adhered to in Agreement State programs.The evaluation standard measures the overall quality of training available to, and taken by, materials program i

personnel. (d)

Performance Indicator 3 -Technical Quality of Licensing Actions (3)

An acceptable program for licensing radioactive material includes preparation and use of internal licensing guides and policy i

memoranda to ensure technical qualityin the licensing program (when appropriate, NRC guidance may be used); prelicensing inspection of j

complex facilities; and supervisory review, when appropriate. (a) l Approved: September 12,1995 5

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Handbook 5.6 Part H l

Programmatic Indicators (s)(continued)

Performance Indicator 3-Technical Quality of Licensing Actions (3)

(continued) l This performance indicator evaluates the technical quality of the l

licensing program on the basis of an in-depth onsite review of a representanve cross-section of licensing action for various types of licenses. Technical quality includes not only the review of completed actions, but also an examination of any renewals that have been pending for more than a year because the failure to act on such requests may have health and safety implications. To the extent possible, the onsite review also should capture a representative cross-section as completed by each of the reviewers in the region or State. (b)

Performance Indicator 4-Technical Quality of Inspections (4)

This performance indicator provides the qualitative balance to

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Performance Indicator 1, which looks at the status of the. inspection program on a quantitative basis. Review team members will i

accompany a sampling of inspectors at different types of licensed facilities to evaluate the knowledge and capabilities of regional and Agreement State inspectors. 'Ihese accompaniments will usually occur l

at a time other than the onsite review of the region or Agreement State i

to afford the review team sufficient time to observe inspectors at different types oflicensee facilities. These reviews focus on the scope, completeness, and technical accuracy of completed inspections and related documentation. Review teams will conduct in-depth, onsite reviews of a cross-section of completed inspection reports performed by different inspectors. In addition, review teams will verify that supervisors generally accompany inspectors on an annual basis to provide management quality assurance.

l Performance Indicator 5-Response to Incidents and Allegations (5)

The quality, thoroughness, and timeliness of the NRC or Agreement State response to incidents, alleged incidents, and other allegations of safety concerns can have a direct bearing on public health and safety.

A careful assessment ofincident response and allegation investigation procedures, actual implementation of these procedures, internal and external coordination, and investigative and followup procedures will

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Integrated Materials Performance Evaluation Program (BIPEP)

Handbook 5.6 Part HI 1

?

Part III Evaluation Criteria NRC regions and Agreement States will be evaluated in their ability to conduct effective licensing and inspection programs using the performance indicators described in Part B of this handbook. The evaluation criteria for each performance indicator are given below.

Indicator 1-Status of Materials Inspection Program (A)

Satisfactory (1)

Core licensees (those with inspection frequencies of 3 years or less) e are inspected at regular intervals in accordance with frequencies prescribed in NRC Inspection Manual, Chapter 2800. (a)

Deviations from these schedules are normally coordinated between working staff and management. Deviations are generally the result of joint decisions that consider the risk of licensee operation, past licensee performance, and the need to temporarily defer the inspection (s) to address more urgent or more critical priorities. (b)

There is clear evidence of an organized "get-well" plan to i

e reschedule any missed or deferred inspections. (c)

Inspections of new licensees are generally conducted within e

6 months of license approval, or in accordance with NRC Inspection Manual, Chapter 2800, Section 04-03, for those new licensees not possessing licensed material. (d)

A large majority.of the inspection 6ndings are communicated to e

I licensees in a timely manner (30 calendar days as speci5ed in NRC l

Inspection Manual, Chapter 0610-10). (e)

Approved: September 12,1995 7

Valume 5, G:vcramental Relaticus cnd Public Afkirs Integrzted Materials Perform nce Evclurti:n Prcgram (IMPEP) 1 Handbook 5.6 Part III b

s f

u Indicator 1-Status of Materials l

Inspection Program (A) (continued)

Satisfactory With Recommendations for improvement (2)

More than 10 percent of the core licensees are inspected at i

intervals that exceed the NRC Inspection Manual, Chapter 2800, j

frequencies by more than 25 percent. (a)

Inspections of newlicensees are frequently not conducted within 6

)

e i

months oflicense approval. (b) 1 Some of the inspection 5ndings are delayed, or not communicated e

to licensees with 30 days. (c) 1 Unsatisfactory (3) i I

More than 25 percent of the core licensees are inspected at e

intervals that exceed that NRC Inspection Manual, Chapter 2800,

}

frequencies by more than 25 percent. (a)

Inspections of new licensees are frequently delayed, as are the

)

e l

inspection findings. (b) l Category N (4) l Special conditions exist that provide adequate justification for e

4 withholding a rating. For example, an unforeseen event or i

emergency with significant health and safety consequences may j

have required a temporary diversion of resources from the core j

inspection program. However, these programmatic adjustments are well thought out and properly coordinated with the Office of Nuclear Material Safety and Safeguards (NMSS) or Agreement 1

State management.

)

Indicator 2-Technical Staffing and DalDing (B)

Satisfactory (1)

Review indicates implementation of a well-conceived and -balanced staffing strategy throughout the assessment period and demonstrates the qualifications of the technical staff. This is indicated by the presence of most of the following features:

i l

8 Approved: September 12,1995

1 V:lume 5, Giv:rnmental Rel:ti:ns and Public Afftirs Integrated Materir.ls Perferntnce Evtluiti:n Prtgrcm (IMPEP)

Handbook 5.6 Part III Indicator 2-Technical Staffing and Daining (B)(continued)

Satisfactory (1)(continued)

Balance in staffing the licensing and inspection programs (a) e Few, if any, vacancies, especially at the senior-level positions (b) e Prompt management attention and review, such as development of e

a corrective action plan to address problems in high rates of attrition or positions being vacant Sr extended periods (c)

Oualification criteria for hiring new technical staff established and e

followed (Staff would normally be expected to have bachelor's degrees or equivalent training in the physical and/or life sciences.

Senior personnel should have additional training and experience in radiation protection commensurate with the types oflicenses they issue or inspect.)(d)

Ucense reviewers and inspectors trained and qualified in a J

e reasonable time period' (e)

Management commitment to training clearly evident (f) e Satisfactory With Recommendations for Improvement (2)

Review determines the presence of some of the following conditions:

Some staff turnover that could adversely upset the balance in staffing the licensing and inspection programs (a)

Some vacant positions not readily filled (b) e Some evidence of management attention or actions to deal with e

staffing problems (c)

Some of the licensing and inspection personnel not making prompt e

progress in completing all of the training and qualification requirements (d) 1 For the regions, this means there has been. and continues to be, a clear effort to adhere to the requirements and conditions speciLed in NRC Inspection Manual. Cbpters 1245 and 1246 and the appbcable quahrscationsjournals, or to recerve equwalent trainmg ebewhere. For the Agreement sistes, equwalent requ2rements should be in place and followed.

Approved: September 12,1995 9

V:lume 5, G:vernmental Rel:ti:ns cnd Public Affcirs Integrated M t:ri:Is Pcrfcrmrnce Evalustion Prcgrrm (IMPEP) o Handbook 5.6 Part III l

Indicator 2-Technical Staffing and Dailling (B)(continued)

Satisfactory With Recommendations forImprovement (2)(continued)

. The training and qualification standards include areas needing improvement (e)

Some of the new staff hired with little education or experience in e

physical and/or life sciences, or materials licensing and inspection (f)

Unsatisfactory (3)

Review determines the presence of chronic or acute problems related to some of the following conditions, which cause concerns about their likely effects on other performance indicators:

Significant staff turnover relative to the size of the program'(a) e Most vacant positions not 511ed for extended periods (b)

Uttle evidence of management attention or actions dealing with e

staffing problems (c)

Most of the licensing and inspection personnel not making prompt e

progress in completing all of the training and qualification requirements (d)

New staff members hired without having scientific or tecimical e

backgrounds that would equip them to receive health physics training (e)

Category N (4)

Special conditions exist that provide justification for withholding a rating. For example, there has been a substantial management effort to deal with staffing problems. NMSS or the Office of State Programs (OSP) has been kept informed of the situation and discernable recent i

l progress is evident.

1 l

i 10 Approved: September 12,1995 1

Vclume 5, Gtvernment:1 Relatirns cnd Public Afhirs Integrated Mat ri:Is Perfcrm:nce Ev:lutti2n Progr:m (IMPEP)

Handbook 5.6 Part IU Indicator 3-Technical Quality of Licensing Actions (c)

Satisfactory (1)

Review of completed licenses and a representative sample of e

licensing files indicates that license reviews are generally thorough, complete, consistent, and of acceptable technical quality. (a)

Health and safety issues are properly addressed. (b) e License reviewers usually have the proper signature authority for e

the cases they review. (c)

Special license tiedown conditions are usually stated clearly and e

are inspectable. (d)

Deficiencyletters are well written and used at the proper time. (e) e Reviews of renewal applications demonstrate thorough analysis of e

a licensee's inspection and enforcement history. (f)

Applicable guidance documents are available to reviewers in most cases and are generally followed. (g) l e

No potentially significant health and safety issues can be linked to licensing practices. (h)

I Satisfactory With Recommendations for Improvement (2)

Review indicates that some licensing actions do not fully address health and safety concerns or indicates repeated examples of problems with respect to thoroughness, completeness, consistency, clarity, technical quality, and adherence to existing guidance in licensing actions.

Unsatisfactory (3)

Review indicates that licensing actions frequently fail to address important health and safety concems or indicates chronic problems with regard to thoroughness, completeness, consistency, clarity, technical quality, and adherence to existing guidance in licensing actions.

Approved: September 12,1995 11 i

V:lume 5, Governmental Relati:ns cnd Public Affcirs Integr ted M't:ri:Is P rfcrmance Evaluati2n Program (IMPEP) 4 H*ndbook 5.6 Part III Indicator 3-Technical Quality of Licensing Actions (c)(continued).

Category N (4)

Not applicable.

Indicator 4-Technical Quality of Inspections (D)

Satisfactory (1)

Review team members accompanying a sample inspectors e

combined with an onsite review of a representative cross-section of completed inspection files indicates inspection findings are usually well founded and well documented throughout the assessment. (a)

A review of inspector field notes or completed reports indicates e

that most inspections are complete and reviewed promptly by supervisors or management. (b)

Procedures are in place and normally used to help identify root e

l causes and roor licensee performance. (c)

. In Inost instances, followup inspections address previously identi5ed open items and/or past violations. (d)

Inspection findings generally lead to appropriate and prompt e

regulatory action. (e)

Supervisors accompany nearly all inspectors on an annual basis. (f) e Satisfactory Mith Recommendations for Improvement (2)

Review indicates that some inspections do not address potentially e

imponant health and safety concerns or it indicates periodic problems with respect to completeness, adherence to procedures, management review, thoroughness, technical quality, and consistency. (a)

Review indicates that findings in inspection reports and inspection e

files are, on occasion, not well founded or well documented. (b) 12 Approved: September 12,1995

Vclume 5, G:vernmental Relati:ns end Public Affrirs Integrcted Materiils Perf:rm nce Ev lutti:n Prcgr:m (BIPEP)

Handbook 5.6 Part IU Indicator 4-Technical Quality of IHSpectionS (D)(continued)

Satisfactory Mith Recommendations for Improvement (2)(continued)

Review does not demonstrate an appropriate level of management e

resiew. (c)

Supervisors accompaniment of inspectors are not performed e

systematically. (d) i Followup actions to inspection Endings are often not timely. (e) e Unsatisfactory (3)

Review indicates that inspections frequently fail to address e

potentially important health and safety concerns or it indicates chronic problems exist with respect to completeness, adherence to procedures, management review, thoroughness, technical quality, and consistency. (a)

Supervisors infrequently accompany inspectors. (b)

Followup actions to inspection findings are often not timely and appropriate. (c)

Category N (4)

Not applicable.

e Indicator 5-Response to Incidents and Allegations (E)

Satisfactory (1)

Incident response and allegation procedures are in place and e

followed in nearly all cases. (a)

Actions taken are appropriate, well coordinated. and timely in e

most instances. (b)

Level of effort is usually commensurate with potential health and e

safety significance of incident. (c)

Approved: September 12,1995 13

Vzlume 5, G v rnm:ntal Reliti:ns cnd Public Aftirs Integrated Materi:Is Parfcrm:nce Evalunti:n Prcgrcm (IMPEP)

Handbook 5.6 Part III Indicator 5-Response to Incidents and Allegations (E)(continued)

Satisfactory (1)(continued)

Investigative procedures are appropriate for incident. (d) e Corrective (enforcement or other) actions are adequately e

identified tp licensees promptly and appropriate followup measures are taken to ensure prompt compliance. (e)

Followup inspections are scheduled and completed, if e

necessary. (f)

Notification to NMSS, the Office fc r Analysis and Evaluation of e

Operation) D aa, or OSP, and others as may be appropriate, is usually performed in a timely fashion. (g)

Satisfactory With Recommendations for Improvement (2)

Incident response and allegation procedures are in place but e

occasionally not practiced in a detailed fashion. (a)

Performance is marginal in terms of resolving potential public e

health and safety issues, but not as well coordinated, complete, or timely as would be required under the " Satisfactory" performance standard. (b)

Unsatisfactory (3)

Review indicates frequent examples of response to incidents or allegations to be incomplete, inappropriate, poorly coordinated, or not timely. As a result, potential health and safety problems persists.

Category N (4)

Not applicable.

14 Approved: September 12,1995

i Volume 5, Gsvernmental Relati:ns cnd Public Affrirs Integrated Materials Performance Evaluation Program (IMPEP)

Handbook 5.6 Part IV Part IV l

Programmatic Assessment General (A)

A management review board (MRB) will make the overall assessment of each NRC region's or Agreement State's program on the basis of i

the proposed final report and recommendations prepared by the team that conducted the review of that region or State, including any unique 1

I circumstances as well as noncommon indicators. (1)

The MRB will consist of a group of senior NRC managers, or their designees, to include the: (2)

Deputy Executive Director for Nuclear Materials Safety, Safeguards, and Operations Support (a)

Director, Office of Nuclear Material Safety and Safeguards (b) e Director, Office of State Programs (c) e i

Director, Office for Analysis and Evaluation of Operational e

Data (d)

General Counsel (e) e The Agreement States also will be imited to nominate a representative to participate in MRB meetings, as a nonvoting Agreement State liaison. In this capacity, the State representative would have full authority to receive applicable documentation and engage in all MRB discussions except for any that might involve the Agreement State liaison's own State. The Agreement State liaison would not have voting authority; this function is reserved solely by NRC. (3)

Approved: September 12,1995 15 1

i

Vclume 5, Gcvernmental Relatians end Public Afhirs Integrcted Materials Perfcrm:nce Evalutti:n Program (IMPEP)

Handbook 5.6 Part IV General (A)(continued)

For an NRC region, tiie MRB will only assess the adequacy of the program to protect public health and safety. The nature of NRC Sndings regarding NRC's Agreement State review process is i

described below. (4)

Findings for Agreement State PrograinS (B)

Finding 1-Adequate to Protect Public Health and Safety and Compatible (1) i If NRC staff Snd that a State program has met all the Agreement e

l State program review criteria or that only minor de5ciencies exist, the Commission will find that the State's program is adequate to protect the public health and safety. (a)

If the NRC determincs that a State program contains all required e

NRC program elements for compatibility, or only minor

'i discrepancies exist, the program will be found compatible. (b) l Finding 2-Adequate to Protect Public Health and Safety and Not Compatible (2)

If NRC Bnds that a State program has met all the Agreement State e

program review criteria or that only minor deficiencies exist, the Commission will find that the State's program is adequate to l

protect the public health and safety. (a) i If NRC determines that a State has failed to adopt a necessaryitem of compatibility within the period of time speci5ed by implementing procedures for NRC's compatibility policy statement (i.e., more than minor compatibility discrepancies), the program would be found not compatible. (b)

Finding 3-Adequate, But Needs Improvement and/or Not Compatible (3)

If NRC Ends that a State's program protects public health and e

safety, but is de5cient in meeting some of the review criteria, NRC may Snd that the State's program is adequate, but needs improvement. NRC would consider, in its determination plans, i

16 Approved: September 12,1995

Vclums 5, Government:1 Relations.cnd Public Affairs Int: grated Materirls Perf:rmance Ev luiticn Prcgram (IMPEP) a Handbook 5.6 Part IV l

Findings for Agreement l

State Programs (s)(continued) -

Finding 3-Adequate, But Needs Improvement and/or Not Compatible (3) (continued) which de5ciencies noted during the review that the State has to address. (a)

In cases where less signi5 cant State deficiencies previously identified have been uncorrected for a significant period of time, NRC also may Snd that the program is adequate but in need of improvement. (b) if NRC determines that a State has failed to adopt a necessaryitem e

of compatibility within the period of time specified by implementing procedures for NRC's compatibility policy statement, the program would be found not compatible. (c)

Finding 4-Inadequate to Protect Public Health and Safety and/or Not Compatible (4)

If NRC Snds that a State's program is significantly deficient in e

some or all the review criteria, NRC would find that the State's program is not adequate to protect the public health and safety. (a)

If NRC determines that a State has failed to adopt a necessary item e

of compatibility within the period of time specified by implementing procedures for NRC's compatibility policy statement, the program would be found not compatible. (b)

Findings for NRC Regional Programs (C)

An MRB's findings for regional programs will be the same as those listed above for Agreement States with the exclusion of the findings for compatibility.

Approved: September 12,1995 17 l

1 I

Wlume 5, Govzrnm:ntal Rel:titns and Public Affairs Integrated Materials Performance Evaluation Program (IMPEP) i Handbook.5.6 Glossary i

L l

t l

Glossary It is necessary to note that some Agreement States or NRC regions may l

not denne these terms identically. In such cases, the review team will l

highlight any differences iMts review, but draw its conclusions and make its assessments on the basis of the de5nitions used by that State or region at the time of the review.

Allegation. A declaration, statement, or assertion of impropriety or j

inadequacy associated with regulated activities, the validity of which has not been established. This term includes all concerns identified by sources such as the media, individuals, or organizations, and technical audit efforts from Federal State, or local government offices l

regarding activities at a licensee's site. Excluded from this de5nition l

are matters being handled by more formal processes such as i

10 CFR 2.206 petitions, hearing boards, appeal boards, and so forth.

I Incident. An event that may have caused or threatens to cause conditions described in 10 CFR 20.2202 (old 20.403),10 CFR 30.50, 10 CFR 40.60,10 CFR 70.50, or the equivalent State regulations.

Materials Inspection. The de5nitions in 10 CFR 170.3, and in NRC l

Inspection Manual, Chapter 2800, Sections 03.03 and 07.01, should be used to determine what constitutes an inspection. In addition, Agreement State hand-delivery of new licenses may constitute initial l

inspections. The term includes both routinely scheduled and reactive inspections.

l Materials Licensing Action. Reviews of applications for new byproduct l

materials licenses, license amendments, renewals, and license terminations.

5 Overdue Inspections. Currently, NRC de5nes this term based on guidance in NRC Inspection Manual, Chapter 2800, especially Section: 04.03 (a) and 05.01 through 05.04. Many States use different de5nitions. For purposes of this directive, a materials license will be considered overdue for inspection in the following cases:

i 18 Approved: September 12,1995 l

Wlume 5, Gsv2rnmental Rel:tiens and Public Aff.tirs Integrated Mattrials Performance Evaluatisn Prcgram (IMPEP) j

• /

Handbook 5.6 Glossary l

1

~.

l Glossary (continued) l A new licensee that possesses licensed material has not been inspected within 6 months of receipt of licensed material, within 6 months of beginning licensed activities, or within 12 months of license issuance, whichever comes first.

An existing core license is more than 25 percent beyond the interval de6ned in NRC Inspection Manual, Chapter 2800, l. An existing non-core license is more than 1 year beyond the interval. (An inspection will not be considered j

l overdue if the inspection frequency has been extended in accordance with NRC Inspection Manual, Chapter 2800, Section 05.01, based on good licensee performance.

Determinations of overdue inspections will not be based on any l

inspection frequencies established by States or regions if those frequencies are more stringent than those contained in NRC l

Inspection Manual, Chapter 2800. The frequencies provided in NRC Inspection Manual, Chapter 2800, will generally be used l

9 as the yardstick for determining if an inspection is overdue.

i 5

l i

I Approved: September 12,1995 19

1 l

54734 Federal Register / Val. to. No. 206 / Wednesday. October 25, 1995 / Notices i

1 i

cf b Atomic Energy Act af 1954, as Ridge.TN.37430. ATTN:Mr. AnhurJ.

available for public inspection at the 4

amended. with NRC to regulee. inspect Palmer.E and Commission's Public Document Room.

)

or otherwise esercise control of

'2.N NRC esaff, by delivery to the the Gelman Buildina.2120 L Suset.

4

'perations, with respect to source and Executive Director for Operations. One NW., Washfogton, DC, and at the local producs material, for disposal of that White Filot North.11555 Rockville public document room located at the

]

.aterial at the 1.LW disposal incility at Pike. Rockville. MD 20052, er by mail.

University of Toledo. William Carlson dichland. Washington.

addressed to the Execudve Director for Librery, Government Docuawnts i

l Prior to the issuance of the propoemd Operedons. U.S. Nuclear Regulatory Collection. 2401 West 8socroft Avenue.

renewal.NRC will have made findings Comrnission. Washington, DC 20555.

Toledo. Ohio 43406.

j required by the Atomic Energy Act of For further iletails with respect to this Dead at anchwith. Maryland, this 27th day i

19H. as amended, and NRC's action, the application for license of sepiasher ises..

regulations. These findings will be renewal is evallable for laspection et the i

documented in a Safety Evolustion Commluloe's Public Document Room.

For the Nuclear Regulatory Cnemision.

Report and an Environmental unds 1. Gendress.

Aasmament.

2120 L Street NW., Washington.DC

aossa, p,,pt., m

,,p,,ge t meernmeer m.s.

h NRC bmby paida notice the a.jen ofn, sever.g.c

.vfy oy of 3

this is a proceeding on an application Deted a Rockville. Maryland the leth day NacAw Ameser Asyuisomi.

WDcubeten.

IFR Doc. #-tute Find to-am sAs arn) d

""'I" '9"I""F of bpart L.in 1

Procedures for Adivdications b.-

Meterials Licensing F?oceedings, of NRCa rules rectias for doeneetic

,,,,,,,,,g ag Evahastion of Agrooment Stose pp,,,,., g,g g,p,,,,,,,,,

nomagen CanyolPrograms h,R Dar skams Fild ibam e4s aml y Nh*'gN"*

Purs to i 2.1205 a), any 8

Aeauct: Nuclear Regulatory

}

whoes interest may be affected by Lbia g

Commission.

j pmcmeding may file a request for a heanns in accordance with 6 2.1205(c).

8"8" '" *****

Actiosa: Interim implementation of the a

1 A request for a hearing must be filed Integrated Materials Performance Evaluation Prograrn pending final

'i withm thirty (30) days of the date of leesest see. so-seag Commission appmval of the Statement pubhcation of this Federal Rel 8 tee i

of Princaples and Policy for the notice.

Toledo Edogn Company, et al. thewlo-Agreement State Program and the Policy The request for a bearing must be Sesse NucJear Power Station. Unit Mrs.

Statement on Adequacy and i

filed with the Office of the Secretary 1; Amenenent to Facility OpersWng Compatibility of Agreernent State i

either:

Ucense No#ce of WttNerewel of Programa.

i

1. By delivery to the Docketing and A pHce#on for Amendment to Facility P

i 4rview Bronch of the Office of the Opere#ng usense euenannt: The Nuclear Regulatory

'ntary at One White Tlint North Commission (NRC)is implementmg. on

,55 Rockville Pike Rockville* hb The U.S. Nuclear Regulatory an interim basis, the Integrated

~0s52-2734: of.

Commission (the Commission) has Materials Performance Evaluation

}

2. By mail or telegram add =ssed to

{ anted se ruiunt of the Toledo Edison Pcasrem (IMPEPJ to be used in th i

I the Secutary. U.S Nuclear Regulatory mPany. Centerior Service Company, evolustion of Agreement State Programs.

1 Commission. Washington. DC 20555 and the Cleveland Electric illuminatmg To effect this implementation. the NRC

]

Attention: Docketing and Service Company (the licensees) to withdrew its will suspend relevant portions of the Bronch.

August to.1995, apphcatico for May 21,1992 General Statament of l

In addition to meeting other PPo*ed arrwndment to Facihty Policy "Cuidelines for NRC Review of i

appbcable requirements of to CFR Part Operoting License No. NPF-3 for the Agnement Sute Radiation Control i

2 of the NRC's regulatsons,a request for Davis.Besse Nuclear Power Station. Unit Progroms,1992." Management Dunctive a huring filed by a person other than No.1. located in Ottawa County. Ohio.

an apphcant must desenbe in detail:

The pmposed amendrneot would 5.6 integreted Materials Performance

1. The interest of the requestar in the have revised Technical Specification Evaluation Program, will be used as the i

im lementinggrocedure.

proceedmg.

Section 3/4.7.5.1." Ultimate Heat Sink" he NRC wa implement IMPEP in

2. How that interest may be affected 8818C' eses the maximum temperature the evaluatioo of Agreement State by the results of b proceeding.

from less than or equal to 85 'T to less Protroms until such time as rmal ir.cluding the rmons w hy the requwto, than or equal to 90 'F.

implementing procedures for the policy should be permitted a bearing, with The Commission had previously statemente:" Statement of Principles particular referencs to the factore set out leaued a Notice of Consideration of and Polic 3

j m $ 2.1205(JL);

lasuan a of Amendroent published in Program"y for the Agreement State and " Policy Stakment on the i

3.The requestor's areas of concern the Federal Resister on August 24.1995 Adequacy and Corr.petibiht i

ebout the hcensing activity that is the (60 F1t 44001). However, by letter deted Agreement Sute Progrsms."y of and any eubrect matwr of the proceeding: and Sepwmber 12.1995, the licensee sevisions to these pohey statements are

4. The orcumstances estabbsbing that withdrew the posed change approved by the Commission (See 60 71t the request for a bearing is timely in For hirtbee ils with rue to thia 39444; August 2.1995). Conforming a

I accordance with 6 2.1205(c).

action, see the request for en inent revisions to IMPIP in r=nartion with In accordanca with 10 CFR discretion dated August 17.1995, the the complodos of work on these two 5 2.12056e). each request for a bearing apphcation for emendmeet doted Policy erstaments will be done as must also tw served. by deliverms it August 18.1995, and the !Jcensee's appropriata. DdPEP will then be i

pereanally or by mail, to:

letter dated September 12.1995, which iserpiereented on a pensament basis and 1

S.The applicant. Arwrican Ecology withdrew the applicat en for license the 1992 Policy stateswnt on i

oretion.120 Franktm Itood. Oak aroendment. The above documents are

" Guidelines for NRC review of i

4 1

I i

i u

I Federal Regfater / Vol. 60. No. 206 / Wednesday. October 25 1995 / N iot ces p Sta6e N9tico %1 pn r

, wwwns" wH)he eeeciaded.

Agresseent State Pr,wn"and " Policy swoment on the Adequacy and Corporetion. 72517th Street. NW.,

s w scTws satt:Ocsober 1,1995.

Room 320s, Washington.DC 20503. The Cocopatib ADontsershseed persons may Pmgrams.ility of Apwroent $4 ate obtain a single copy elMe request for approval will be available b Dtmetive 5.6 by writing Mr. doorg=eLow 4evel weste, tsranium umul or n

publicinspectico at the PBGC Deegan. U.S. Nuclear 8*aled sourps and oevice programs in Communicadons and Public Affairs Commisalon, Majj Stop tory Agrwment States willnot be reviewed Department, suite 240.1200 K Street.

3 Washington.DC20555 as common perfonnance Ladicators NW Washington.DC20005,between pon yvmTwen womasafos comact:

since NRC Hesdquaners conducu thesethe bours of 9 a.m. and 4 p.m.

Programs.N. Schneider O! Lee of State ' NRClicensingsedvities. A Kathleen Ms pon mmtm womatam contact:

similar to that developed for bPerfonnancebased evaluatio U.S. NuclearRegulat Commission. Document Contro Desk

• common performance indicators. will be General Counsel. Suite 340.1200 K P3-37. Washmgton. DC 20555.

telephone (301)-415-2320.

udlized in revisws of NRC and Strwt NW.. Washington.DC20005 SUPPLtutW7amt wosuaattoet:

Agreement State programa in these 202-226-4024 (202-226-4179 for TTY NRC proposed a pmcess to evaluate "% g g g, g P'g and TDD). (Due am not toll free In 1994 NRC Regional programs and Agm ofeach A State Radandon ControlPmgrams,ement be s En[Agrwmment State on a penodic tuePLrutmanywomasatos:

that Pa regulate the use of radioactive materials The rk Redmion M of19 in an integrated manner using common,

d U.S.C. Chapter 35) establishes p@ohcies s

1 For dfAg s

St and procedurn for controlling b m

paperwork burdens imposed by Federal m

5 d o NR ext ing th Regional materials programs usin nt Iw leof2 O co of M draft Management Directive 5.6. g the years to 3-4 years.

eme and B t

" Integrated Materials Performance

• of October.1995.Deted et Rochville Meryland this 1sth day O

Evaluation Program"(D4 PEP). On June Promulgeted rules o' ud O b 27,1995. the Commission approved For the Nuclear Regulatory Commission.

collections ofinformadon by Federal c b clearsace of implementation ofIMPEP on an interim John C Heyle.

basis. The drsh Management Directive s,ererary of the Commis$on.

'I'"C "

is currently being prepared in Bnal trR Doc Sk2Hl$ Taled io-24-45;a 45 sm)

The PBGC has established a toll.fre-form.

m,,,, w telephone service that gives the r)ubl Five common performance indicators, ~

generalinformadon concer as described in Management Directive PSGC s insurance program.ning the 5.6 will be used to det Use of the c

toll. free service by the general pubhc of materials pro ams. ermine adequacy PENSION BENEFTT GUARANTYhas been significandy below Addstionally.

CORPORATION Compatibibty o Regulations and Legal

• • Pectations.

Authority (including enforcement) willRequest for a Collection ofinformationThe PBGC plans to conduct a series of Under the Paperwork Reduction Act;three focus groups of15 panacipants i di compatibihty determinations (Office of Customer sensfaction Focus Groups each.and to distribute survey ng roc for State Programs B.7 Procedurel will questionnaires to the focus group Pansci ts and to 150 other continue to be udlized in connection AGENCY:

with NRC findings on Compatibihty of Corporation. Pension BeneSt Guaranty indivifuals. (The 45 focus Group Particl ants and 150 survey respondents Regulations under D4 PIP unul the Anal P

Action: Nouco ofrequest for OMB will be aslected largely from the implementmg procedures for the policy -

41.000.000 participants and approval.

statements:" Statement of Principles Corporation has requested that thesuwwamt:The Pension and Pohe Program"y for the A' reement State g

The purpose of b focus groups and Adequacy and Compatibilitand " Policy Statement on the Office of Management and Budget eurvey queetiennaires is to evaluate the Agreement State Programs."y of

("OMB") approve a new collecuen of PBGC's toll.fme service and to assist th and any information under the Paperwork PBGC in making necessary rmsions to these policy statements are Reduction Act. The purpose of this improvements to that service.

cpproved by the Commission. The interim im information collection, which will be The PBGC estimates that the total require &plernentation of D4 PEP willconducted through three focus groupannual burden of this collection of partialsuspension of the May 28.1992 Ger.eral Statement of snoetmgs and a small of number of informadon will be 147.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> The Pobey " Guidelines for NRC Review of sumys. is to help the PBGC naluate its this collecuan on u emergePBG ben:t informstfon about the PBCC80II free telephone servi Agreemen Programs.t State Radiation Control that needed improvements in is so 1992"(57 FR 22495). The insurance program NRC will only continue to apply the fru mico cu be made m u e toll.

Saftt:

single program element of the 1992 The PBGCis requesting that possible.

General Statement ofPohey entitled OMB spprove this request by November Wember, mlasued at Washington. DC. this 2 "Legis!stion and Regulations "NRC will ADomtSSF1:

1.1995.

resemd the entire 1992 General A!! written comments (at Statement of Pohey upon final approval least three copiest should be addressed Marna 51ase, and implementauon of tbo " Statement Affairs of OMB. Attention:to Office ofInformation and Regulatory Eme cfPrincsples and Policy for &

C8'Por80en.

Desk Officer for the Pension Benen Guaranty Int Doc es.asste riled 10-2a-e5. s 45 am sus o cooe vnm.ei.e

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Radiation Control Act This draft act is a complete updasing of she 1968 SugaestedSsere Legaistion act.

k now covers both ionizing and e-==ny radiasion. Procedural requireseenes for public participalion in licensang of source smaterial processang and related snig taihng managesnent, environenental impact analyses and jesdicial review have been added in order so conform to the federal Uraneusa Mill Tadings Radiasion Consrol Act of 1973. Authorizasion is provided for the negotiation of vegeonalintesstase compacts for low-level radioactive wasic disposal, she acquisition of land for divosal sites and else establishesis of a low-level waa e desposal service. User fees are r

also autimrized.

The legistasion also reqinires that licensees provide financial surety to guarassee closure, decossumessioning, rectaniation and long-terne care funds to cover cussodial services after licenses sereninase. I enally, she draft law gives the seases authorisy to assess and collect civil snonetary penakies for violasions of licensang or registration acquiremenes.

Many parts of the act are presensed in brackets, Indicating options for bill drafters. There are abo sewers! comaments offered on specific parts.T the law.

The draft legniation was submitted by the U.S. Nuclear Reguin wy C--

sion.

Suggessed tagistasion (Tiile, enacting clause, esc.)

I Section 1. lShort Tmdr.] This act assy be cised as the Radi.iaion Control 2 Act.

I I

Section 2. IDreisnerios of PDAiry.] It is the policy of the sease in fur-2 therance of its r% -

"y to protect alue loccupational andi public heakia 3 and safety and the envirosument:

4 (1) To insailuse and snaintain a regislaeary prograne for sources of ioniz-5 las and===aamiring radiation so as sa provide for compeiitsility and I

6 equivalency with she saandards and regulasory progranes of she federal 7 governament, la single.] lan integrated.] effective system of regulation wishin g the sease, and a system ca=====a insofar as possdde wish those of other 9 states.

10 (2) To inssisuse and niainsain a prograse so permit M. : ; and use j

II of sources of radiasion for peaceful purposes consistent with the localeli and j

12 safety of the public.

i 13

0) To provide for the av=M assy of capaciey cieher wiehim or outside the 14 stale for the disposal oflow-level radioactive wasse generased wisliin lloc stase 27 o

^

i SusgenedSeals Legulation RadiationCone el 1

I l$ except for waste generated as a resuk of defense or federal research ami 27 sequent entraction cycles, or equivalent, in a facility for reprocessing it-16 develoganene activisies and so recognize aliat such radioactive wasic can be 23 radsated reactor fuel.

17 noost safely ased effscienely

d on a regional b. isis.

29 (iii) Solids into wisich such liquid wastes have been converted.

1 30 (7) " General license" nicans a license effective under regulations pro-l I

Section 3. lMerpose.] It is she pearpose of this act 10 provide:

35 mulgated by she lagencyl without tiec reling of an apphetion with the lat*.encyl l

2 (1) A prograne of effective regulation of sources of radiation for the pro-32 or the isusance of Iscensing docuenents to particular persons to transfer, ac.

3 section of the joccupational andi public heakh and safety.

33 quire, own, possess or use quantities of, or devices or egedpsnesu utilizing.

4 (2) A prograne so prossioec ass orderly regulatory pateern wishin the siasc.

34 radeoactive niascrial.

l 5 ansong the asases and betecen she federal government and the state and 35 (g) " Specific Iscense" sacans a hcense, issued to a===ed person upon i

i facibeate intergovernemental cooperation wish respect to esse ami regulation of 36 appiscation fded under time regulacions prosnelgased under this act, so use, 6

s 7 sources of radiation to she end that duplication of regulaeion may be 37 manufactme, produce, transfer recesse. acquire, or possess quantities of, or 3 amisensard.

33 devices or equapenent utilizing, radsoactive snaterial.

i 9

(3) A prograse to estabhsh wl for assumption and performance 39 (9) " Low. level radeactive waste" nicans radioactive waste not classified i

j IO of restain reguiasory seng==adisies wille tcspect so byproduct, source and 40 as high-Icvel -Qaive transmanic wang, auclear feel or j

ll special nuclear maatessels and radiatiosa generatises equepsssent.

41(byproduct naascrial. -) @D

. On. Lh)

'si >g l

12 (4) A prograsm to persemit esse of sources of radiation consissent with the 42 (10) " Person" messes any '

M "_ corpo.ation. partonshp. fann, j

13 incahh and safety of the public.

43 association, truu, estase, public or private institutio.i. group, agency of this

]

44 siage osher chan lagencyl. polieical subdweion of this saase, any other atate or j

i Section 4. IDrfinitiosas.) As used in this act:

45 political subdivuson or agency thereof. and any legal successN. represen-2 (1) " Byproduct misserial" nicans:

46 tative, agent, or agency of the.'_f ;. ben not includes lateral govern-3 (i) Any radesactive neaternal(cacept special nasclear material) yacided in 47

"'*"888'"'I-

4 or snede radsoactive by esposwe so time radiation incident to time process of 43 -

M I) " Radiation" means innlaing radia ion W M.eg Wk l

4 1

5 prediscing or meiliains specsal nuclear neaterial, and 49 (12) "lonizing radiation"==*==* gamena rays and X-rays; alpha and beta

}

6 (ii) The lashags or messes produced by the entractiose or conces;eration 30 particles, high-speed electrons, neutrons. protons, and other nuclear par-7 of wassione or alteriosas frons any ore processed prionarily for hs source Si ticles; but not soised or radio waves, or vouble, safrared or ederavioic. light.

a material content.

52 (I3) "Na=aa='*ing radiatiosi" sacans:

1 53 (i) Any electrosnagnetic radiation, other tien Mag ek l

9 (2) " Civil penally" smeans any unnetary penally levied on a licensee or 30 regsstrant becaisse of violasions of stasisees, regislations, licenses or registra.

54 tromagnetic radiation.

i 18 tion certificaces, best does not include crinianal penalties.

35 (ii) Any sonic, ultrasonic or infrma=3e wave.

l 12

0) " Closure" or " Site closure" nicans all activieies perfornied at a wasee 56 (14) " Radiation generating equepenent" means any manen -tured dial-.s ite, sesch as statisbrasion and concouting, to assure sinal the site is in i

57 product or device, or componesd part of such a proshect or dence, or any 33 s

j 14 a semble condition so that only menor caseodial care, survedlance and 53 snachine or systein which during operation can generate or emit radinhon ea-I5 smenseering ase seecessary at the sise fogowing serniination of liccused opera.

39 cept tinose wisicit emia radiation only from rad =sartive mataial.

40 (15) "R=&anctive snaterial" sneans anaserial (solid, linguid or gas) wisicit j

86 tion.

t 61 emits ioniains radiation spontaneomaly, it includes acceinator-prad=~d.,

17

~ (4)"DE

' ;" nicans final operational activieies at a facility ao j

Is gdessnamele site seructwes, so deconsanunaec site swfaces and remauung struc-62 byproduct, naturally occuring, source and special nuclear snaserials.

t 19 sures, so stabshae and consain residual radsoactive naascrial and to carry out 63 (16) "Registrasion" sneans registracion wth the agency in W 20 any other activisies to prepare the site for pouoperational care.

64 with rules and regulations adopted possuant so shis act.

J 28

0) " Disposal oflow-level radsoactive masse" sacans the isolation of sesch 65 (17) "Scisece naaserial" sacans wansions or timoriuni, or any coenbsmation 22 wasse hosn the " -;" a by emplacensent in a land burial faciisty.

66 shereof in any physical or chemscal forni; or ores which contain by weight

{

23 (6) "High-level radiogclive waste" airans:

67 one-twentietin of one percern 10.05 perceae) or more of manann, shoriens, m 24 (i) Irradiated reactor fuel.

63 any combuiation thercof. Source snaserial does not include special nuclear 25 (ii) Liquid wasses resmising frans ahe operation of Ihe first cycle solvent 69 snaecrial.

26 catraction systems, or equivalene, and alte concentraced wastes from sub-70 (13) " Source neaterial mig tasings" sneans the tadungs or wasses pro-

}

23 29 g

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71 desced by Ilie eattaction or concentr:::lon cf uraninen or sloorium froen any 19 wlh use cf sources of radiation.

j 72 ore processed prinsarily for its source naascrial content, inchading discrete sur.

20 (2) Develop prograens wieli due regard for cosmpasibiht y with federal pro-1 73 face wastes resuhing from underground solution cattaccion processes but not 21 grams for regulation of byproduct, source and special nuclear suascrials.

i 74 including underground ore bodies depleted by such solution entraction pro-22 (3) Develop programs with due regard for consissency wisla federal pro-l 75 cesses.

23 grams for segulation d radiation generasing equipment.

l 76 (19) " Source material nielhng" nicans any processing of ore, ll including) 24 (4) Forniulase, adopt, proniufgase and repeal codes, rules and regula-77 s"e-f '.;! innderground solution eastaction of unmined orel, primarily for 25 tions, which may provide for licensing and/or registration, relasing to conerol 78 Ihe purpose of entracting or concentrating uraniune or thorium eherefroen 26 of sources of radiation wish dise regard for conapasibility wish the regulatory 79 and whirk resasils in she production of soistce miascrial mill tailings.

27 programs of the federal governsmens.

I commwes: The ssa. commessev poseed pen et seus subweisen in bearsen. sme63=s she iac8=$i== or ea-28 (5) Issue such orders or noodirscations thereof as niay be necessary in

{

esmison er *._ _ smimmia esanas. The U.s. Mestrar acculasear C-adones. shas m es 29 conneClion with proceedings under shis act.

^

epienen. enstmews semis seer geesesses et commpanhasy =mh she 6 ecas et sedevas a mad ses.a.ime.

30 This power is insended for use in conjunction wills any licensens autinoriay.

30 (20) " Sources of radiation" sneans, conectively, radeoactive naaserial and 31 (The act or acts providing ahis authorisy Aa-a.I be cised.

SI radiation generating eqisepment.

32 (6) Advise, consah, and cooperate wieli other agencies of the state, the 1

32 (21) "Special nasclear nimierial" nicans plutonium, uranum 233, and 33 federal goveraniens, coher seases and inseessaec agencies, political subdivi-l 83 mranisme enriched in the isotope 233 or in the isosope 235, but does not in-34 sions, and other organisasions concerned wish control of sources of radia-l 34 ciude source nesserial; or any material artificially enriched by any of the 35 tion.

I 85 fasesoeng, but does not include sonoce maecrial.

36 (7) Have she autloority to accept and adenimisser loans. grants or asher l

86 (22) " Spent nuclear fuel" nicans irradiated nasclear fuel that has 37 fuseds or gifts, conditiosial or entierwise, in fiereinerance of ins funesions, frosa l

37 undergone at least one year's decay since being used as a source of energy in a 33 she federal governament and froen other sources, pubhc or pr. vase.

83 power reactor. Spent fuel inchsdes the special nuclear material, byproduct 39 (8) Enconerage, participase in, or conshect seedses, invessagatiosi<, train-t 89 anaecrial, source masserial and other radeonctive amaterial associated with fuel 40 ing, research and denionstratiosis relasing to control of sources of radiation.

j 90 assemblics.

41 (9) Collect and dessemanase informasion s. lasing to comerc I of sources of 1

pl (23) " Transuranic messe" nicans radesactive waste containing alpha 42 radiation, inchedens:

I 92 eneitsing transuranse elemenes, wish radioactive half-lives greater than five 43 (i) blasneenance of a fee of a5 license application, i====res, denials, j

93 years, in encess off

--L per gram.

44 asnendenenes, transfers, renewels, anodificasions, sesspeassons and revoca-i N

45 lions.

I I

Section 5. [Sasse Andissian Contraf Agency.1 2

(a) [The departaient of is hereby dessanated as the State Radiasios (E) blainsenance of a file of regiseranes possessing sources of radiation 46 Comarat Agency, hereinaher seferred to as the agency.] [There is hereby regesering registration usader the provisions of this act and any adminsstrative 47 1

3 48 or judicial action pertannung tiecreto.

l 4

eressed a Sease Radiasion Control Agency, heresnafter referred so as the agency. The agency shaN be an organirasional component of the sease depart *

(iii) h4aineenance d a file d a5 d the asesity's rules med reguimions 49 l

5 6 noene of

.) (There is beseby creased an independent State Radsation Cm-relating to residsion d sources d radiation, pemhng or g M, ansi 30 51 proceedings thereon.

7 teot Agency, heseenaner refersed so as the agency.1 4

8 (b) [The head of eine stase departament of j shaN designase the director c,,,,,, %

4 9 of the agency, heseenaher refereed to as she director, who shaR perform the een,s unihiirs see sedes ese semeied e.

er in aar.icies. The une aney men to ensign this se-

_ renews. i. e ny, e ima een se ass earmeies immend of se a sinsle seen.

le functions vested in the agency under the provisions of this act. llf an in-dmasse.

l Il dependent Sease Radiation Control Agency is cicated, the governor should 12 appoemt the derector.]

$2 (e) The governor shaR designate a Coordniator of Radiation Activisies.

13 (c) In accordance with else laws of alte sease, the agency niay eneploy, cone-

$3 m cardinator shalt:

14 pensase and prescribe the powers and duties of such indevedaals as niay be 34 (I) Consuk wish and review regulations and procedures of the agencies 15 necessary to carry out slie prevaions of tinis act.

55 to assure consissency and so prmat unnecessary duplicasion, inconsessencies i

16 (d) The agency shall for the prosection of the [ occupational andl public 56 or gaps in regulatory requirements.

I 17 health and safety land the environnientl:

57 (2) Review lbefore and) after the holding of asiy pubbe hearisis regesired la (I) Develop progranes for evaluasion and control of hazards associated 58 under the provassons of this act prior to prosnelgasion, she proposed rules I

1 30 31 I

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Radiasiog Consive 39 and regulations eIau agencies of Ihe sease relating ia ese aiul cone rol of radia.

$ Regulatory Coaunicion.1 or devices or eqvipment attilidig such saiaserialtsl.

60 tion, is assaar2 tliat such rules and regulacions are consiseens with rules aml 6 Such rule or regulateos 3 hall provide for ascendaient, suspension or revoca-61 regulaeions of osher agencies of the state. Proposed rules and regulaeions 7 sion of bcenses.

62 shat not be effcceive uneil l

] days afeer solwnission to the coordinator,,

3 (b) The agency is austiorised to acquire registration for licensinal of other 63 unless enleer the governor or alte coordinator waives all or part of such l" l

9 sources of radiation.

[

64 day period. The waising period should ross coeiciertently wish any waising 10 (c) The agency is autloorised so caempt certain sources of radiation or kinds 65 period required by any other state law.

Il of uses or users from the licensing or registration requisemenes set forth in j

66 (3) When the coordinator determines aliat proposed rules or regulaeions 12 shis section when the agency makes a randong that she escenpeion of such 67 are isecosesissent with reales and regulations of osher agencies of the sease, con.

13 sources of radiation or kinds of uses or users will not conssisuse a significant l

68 suk with the agencies involved in an effort to resolve such inconsistencies.

14 risk to the health and safety of the public.

{

69 Upon notification by eine coordiseasor that such inconsistency has not been 15 (d) Rules and registasioens proneistgated under etnis act snay provide for 70 resolved. the governor miay find that the proposed rules and regulations or 16 recognition of other sease or fedesal Ecenses as slic agency may deem 7!

parts thereof are inconsissent wish rules or regulations of other agencies of 17 desirabic, subject to such regiseration reqesirensenes as slee agency may 72 Ilie state and anny issese an order lo that effect in which event the proposed 18 prescribe.

73 rules or regulations or parts thereof shall not betonie effective. The governor 74 niay,in the alternative, upon a simslar deterneination direce she appropriase

[ ALTERNATE II (Long Forni)]

l 75 agency or agencies to amend or repeal caissing rules or regulations to achieve j

76 consmaency with she Inoposed rules or regulaeions.

I (f) The several agencies of slie stase land political subdivisionst shat keep Section 7. [Licenseqr med Aegistewfion ofSoesem of #adiation.)

77 2

the coonheator fully and cwrenely infernied as to their activities relasing to (a) The agency slian provide by rule or regedatiosi for l general or speciful 78 3 licensing of Ibyprodesce, soisece and special nuclear materiahl l radioactive 79 A-- 1 and] regulation of sources of rasiiation.

4 material l lradeoactive snaterial noe under the authority of the U.S. Nuclear i

5 Regulasory Consnission) or devices or equipnient meilising such sesserial.

3 I

Section 6. (Adessory Conessitare me Andorion.]

6 Such rule or regulation dian provide for amendment. suspensson or revoca-2 (a) The linsert appropnase ofreciaal is authorized :o appaent an Advisory 7 tion of licenses. Such rule or regulation shall provide that:

l 3 Coenneittee on Radiation consissing of l

) niembers wish trauung and em.

8 (1) Eacle appiscasion for a tspecifici license diall be in wri ing and sliau j

4 pericsace in she various fields in which sewers of radiation are used. h4cmbers 9 sease sasch inforesiasinn as the agency by rule or regulation, may determine Io S

of the cosanoistee shaE serve at the discretion of the linscri appropriase of.

10 he necessary to decide the sectinical and fina. cial qisalification or any other 6 racial) and l receive no salary for services but near be tensibursed for acsual es.

Il qualifications of the appbcant as the agens 4 niay deene re sonable anal 1

7 acases ineweed in connection wish assenstaare at commestece snectings or for 12 necessary to protect the loccupational andt pubbe heahh and safety. The j

8 authorised basime== of the comeneitece.] l when on business of the conomissee.

13 agency niay as any tiene after the rding of the appiscation, amt before the en-9 be easieled to recesse cosapensation as she rase of I dollars per diem l lin 14 pirasion of the license, reqesire Imther wriesen seasennenes and may snake such le accordance wish

] and anay be remebeersed for actual expenses isecured).

35 inspections as the agency niay deem necessary isa order to determine whetlier II (b) Tlee comunissee, if appeensed, sliall maake recosnaicsidations to the lcisc 16 the license should be snodireed.==.;W or revoked. All applications and 4

}

12 approprinse official l and fwnidi such advice as may be requessed by she 17 seasemienes shall be signed by the applicant or licensee. The agency snay re-13 agency on snessers relating to eine respelation of sources of radiasion.

IS quire any applicasions or seasements to be made under oseh or afrensation.

i 19

j l Causasse

T e enesenhee ter asemains ese pienessed, seie reu a en.reer.,,u.a.

(2) Eacle license shall be ist such forms and centaise sesch ser as and condi-20 eions as she agency may by rule or regulation prescribe.

21 (3) No license issued under time assehority of this act and no right to IALTERNATE I (Short Forsa)l 22 possess or use sowces of radiation gransed by any license shan be assigned or

]

I 3

23 in any nianner disposed of unless alie agency shall, aher secwing full informa-Secleon 7. [Lirensing and Registration o/Sourm of Randistiond 2

x e-w u & mh h in wh wim me provisions of this act.

(a) The agency shaN provide by rule or regination for igeneral or specific) licensing of l byproduct, source and special nuclear materials! ltadbactive 3

3 g g g

,a g mig m

4 seirecriall [rashoacssve naascrial not under the ansehority of the U.S. Nuclea' 26 (4) The serms and conditions of aN licenses shaN be subject to asnend.

27 sment. revision, or noodification by rules, regulations or orders issised in ac.

32 l

33 i

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suggested haast Legistaseoes hademion Cou....

l 28 cordance w*th slie pt:visioses cf this act.

32 (b) The agency is authoriacd to require registrasion or licensing of osher Reg 11asory Cosnanission defermines prior aa such sermination shas stansfer af,

29 33 sitle so such land and sect lmaseriall inull tailingst is not necessary or 30 sources of radiasion.

34 (c) The agency is authorized to esemps certain sources of radiasion or kimis desirable Io protect the publec heahh, safety or welfare or so minannte danger 38 31 so life or property.

i 32 of uses or essers froni the licensing or registration requirements ses forth in 36 shis sersion winen she agency naakes a funding skas she enemption of such (ii) If eransfer so the sease of siele so such lbyprodisci maaseriall l mill j

33 37 sonarces of radiasiosa or kinds of uses or users will nos consekute a significans sailingl and land is tequired, following hc U.S. Nuclear Regulasory Conimes-l 34 38

}

35 risk so the heable and safety of the public.

sion's desersnination shas she licensee has cosniplied wish appbcable saandards l

36 39 (d) Rules and regulosions pronsulgated under this act may provide for and requiresnenes m. der his license, assesnic siste to such lmaseriall iniell sail-recognisiosi of oslier sease or fedesal licenses as she agency shall deem ings] and land and snaisosain such lasiascriall lanill sa'ilungsl and land in such 37 40 4I manner as will prosect she pubhc health and safesy and she environniens.

38 j

desirable, subject to such segistrasion acqasitenients as she agency niay 42 (iii) The agency is aushorised so usedertake such noosiisoring.

4 39 prescribe.

43 maintenance and eniereency saicasesses as are necessary so protect she pubbe Sectios 8. ISossuie Matersal hervssesg med Relatest /8pproduct Meterief/

heakh and safety for those maserials ased property for winich is has assesmed 44 j

i 45 cussody pursuasis so this act.

{

2 / Mar Tastggs/.l 46 (iv) The stansfer of siste to laad or lbyproduct smaserabl (soance a

3 (a) Casssedy of disposal sises:

(1) Any radioactive maserials bcense issued or renewed after the efrective snascrial niill sailingst so the Unised Seases or she sease shall nos reheve any 47 l

4 date of shis section for any activisy which resubs in the productioes of licensee of habsiny for asey fransdestens or meshgens acts donc prior to usch 43 S

49 transfer.

6 lbyproduct smaseriell { source maserial niin tailungst shall contain such terms 50 (v) In4meriall lMig saihngsl and land transferred so she Unised Seases 7

and conditions as stie agency deserneines to be necessary so assure thas, prior Si or she sease in accordance wish this subsection shas be stansferred without 8

to seri====sion of such hcesese*

$2 cost to the United Seases or the state other than admississtasive and legal cosas 9

(i) The beensee wiu comply wish deconsamunasion, decominaissioning.

and reclasmation scandards prescrsbed by the agency, which shan be incurred by slie Unised Seases or she sease in carrying oss such stansfer.

53 10 54 egesivalens, so stie essens praesicable, or neore seeingens than shose of the U.S.

lb) la licenssag and regulasion of tbygneduct snasermillsource maserial nun 11 35 Nuclear F-; " rj ra--,=3a= for sites as which ores were processed saihngs] or of any activisy which resubs in she production of lbyproduct 12

$6 materiall (such saihngs), she agency shall require c. " w wnh apsdicalde 33 prinnardy for their noence maserial cos,sens, and as which such l byproduct

$7 slandards pronaulgased by the agency which are equivaleses, to she enacies 14 smaserial isl laniE sadings arel deposised.

58 practicable, or more seringens chan, standards adopsed and enforced by she l$

(ii) Ownerslup of any as=paans ise and such l byproduct suascriall imill s

39 taihngsl which seselsed freni she bcensed activity steali, subject so the provi-U.S. Nuclear Regulasory Ca====a= for the sanne purpose, secluding re- :

16

}

17 60 quiremenes and scandards pt;

(_rd by the U.S. Environniensal Prosec-sions of this act, he stansferred so slic United Seases or she sease if the sease en-61 sion Ascacy.

38 esesses slic opsion so acquere land need for the desposal of sesch (byproduct I 19 maseriall l mig sadungsl.

g section 9. Ilow ArvelRadmarsise 80' esse Dqpossil 20 Any bcense which is in effect on alue effective dase of this section and which 2

is 2 _-g ;ly terminated wishoses renewal shall comply with subsections (i) la) The agency is ausleoriacd to esiser inso egotiations for a compact wish 21 3 osiner seases for the essabledunens and oper# ion of a regional lacahy for 22 and (ii) upon seemina ion.

4 desposal oflow-level radioactive wasse. Any sasch cosepace, before bging pus 23 (2) The agency shalt:

24 5 into effect, shas be ratified by the legalaseres of she sevesal p ases and con-l 25 (i) Require by rule, regulacion, or order slims prior so the sermination 6 sensed so by she Congress of the Unked Seases.

of any bcense wiesch is issesed afser she effective date of this section, skie so 26 sine land, includung any insereses eherein (ostier than land hekt ist sense by the 27 Unised States for any ledaan tribe or owned by an Indian tribe subject to a c

ean anic etcenau erimmen haawn wouse.er and e inesismus wicae.

2s ressricsson asament ahenasioes imposed by she United Seases or land alscady e,6,m,;,., n,,,,,,wr drus nd i e.snasismi ses. s68. ks and ads s..

a d.pamamas manner- {

r

. s=,hari s= ehe d=cenas et endiances.e =eme shesha== te die===r aer= r a drie=*rd a 29 owned by the Unised Seases or by the sease) which is used esader such license Sa*=** S = di' '*dia'"" **""* mer=rr. ihe hmaas secar drigaawd = m wo== ses ashed i e

30 for the dnposal of l byproduct assaseriall (soince maserial suull sadungst shall he" ' * " " ' " " ' ' " ' " " * " " * * " ' ' ' * * * " " " " ' * * * * " " ' ' ' * * ' " "

31 transferred so slic Unked Saases, or alie sease isniess she U.S. Nuclear s,

M 35

-...--,-..----.--_-...-.-,,.---...--.-._,----.--._.---_-_.--._._._..--,,-,,-_,,-=---,,.n

(

"E8c"e*8 28saac Legessessoas 7

(b) Tlee staic b auslooriced la accept or acqu'ac by gifs, erapster or par-l 19 (c) Noswhhsaamling the povisions of subsection la), fees for registraeion 3 chaw, froen anesleer goversesmens ascency or private person, suitable sises in-20 of radesion generasing eqmpucus and other sources of radiation and for 9 eludens laced and appurtenances for she desposal of low-level radioactive 21 licenses for radioaceive senaseriah shall nos be required for an agesecy pf she le wasse. Snes recerwed by gift or stansfer are subjets so approval and accep-(

li sasere by she l agency on behalf of elect sease.

22 use w any polnical webdwision thereof.

23 Idl 1he agesecy may, upon application by ase inscensed pason, or on its 12 (c) Lands and appurtesiances which are used for the disposal of low-level 13 24 own iniciative, grans such esempeions home slee regosiressocnss of this scceien as rauhoacsive wanc shals he argeened in fee uneple absohne and used enclusively 25 is descronines are in she public inscress. Applicasions for enenepeices under this her siecle peerpow, sentess or useeil slee registasory agency having licensing 14 jurisdicssoas over slee we eleteresessees shas secle enclusive use is not required so 26 paragraph snay include activisics seech as, been sens lunised so, the use of kcas-l 15 3

l 16 prosat the pubbe heahh. safety, welfare, or eseviromness. liefore such siac is 27 ed maserials for educasional or econcomunercial duplays or sticoesific 'collec-

}

17 leased for osher use, she regulasary agency shall require and assure shas she g yg g ;,,3' le radioactwe wasac leiuory of the sisc be recerded in she permanent land 29 (c) When a registrans or licensee fails to pay the applicale fee, she agency 19 records of the sise. AN t=ha=1ive meascrialaccepeed by she agency or by anY 3(i may suspend or revoke she registratioen or license or may isme an appopriaee i

10 agens of the agency for dnposal on a radioactive wasic disposal siec shall 31 order' 21 becusene Ilse property of the sease.

i 22 (d) Tlee agency is authorised so arrange for she availabilisy of a service for i

Section 11 ISe8'eff #'genanments.1

{

23 80"posal of low-level radiondive wasse by contracs lor agency l operation of a 2

(a) For bcensed activities involveng soearce sneserial smusag, souru menial 24 shsposal sise acquired esader sulnasion (b) or already owned by she sease. A mill sailing and stupans f low-level radmanctive wasse alw agency haN, M 3

l 25 o

casterace opermor slealt be subjets so she surety and long-seem care funding 4 for celeer classes of hcensed activity alw agency may, asabbe by rule w 26 Pomenes of eless acs and so appropriate licensing by the U.S. Nuclear l 5 regulation scandards and proceduas to ensure has ec licmce wie pmide l

27 licaulasory Cossesnessaaes or by the agemy asseder ase agreensens einder this act.

6 an adeqisase swesy or oder fmancial ananganan to penna de maplesion 25 te) The agency shaN sent approve asey applicasiose for a license so receive 7 of all reqesarements estabinhed by llee agency fo( taw deconsamination.

29 radioactive wage frone osleer persons for deposal on lased esos owned by she I8 closesre. h

and rectaniasion of sises, saractures and equepenens 30 some or federal gewersesserne.

9 assed in conjesaction with ansch licemed activity, in case slee licmee M l

10 defauk for any reason in perfonning such requemans.

1 I

I Satina 30. [#adistion User firs.)

come=ses: A..

• n=sers =esda imdade heads 3""d by 8edi'e '"""""""'"d

{

2 ta) The agency sleaN pracribe and coNect sesch fees as nemy be established by wgulasson Im rasliation prosection services proveded esader this act. Set-

'"' "l 1,,,,,,,,*,,,

wI I

3 i

,,,,,,,g, l

4 vices for which fees nemy be estabinhed include:

b e== in.hiisius a y wemier==rus =e==** eurma#r c=

5 we e4 c he en=== ens. it dr=se, w eeeem.c she immy w asw emese peneiras of m hme-(1) Ilegistration of radiasion generasing egenpeseens, and asher sowces of I oce.<me sea.8 me ed by wowa= sci.

6 radiasiese.

e 7

(2) Issuance, amendneens and renewal of licenses for radena1ive it (b) All swesies regeaired under subsection (a) which are forfeised steall bc 8

""E*I'-

}

12 paid to slee agency for deposas by the lssase areasanterj in a special fund caurd 9

(3) Inspections of registranes or licensees.

j 13 the l,adiacion sise closure and reclasmation fiend l. All anoners in this fund are le H) Fnvironmensal survedlance assivisies so aswss she radiokesical ampm1 14 hereby appropriated and snay be empended by the agency as necessary to "12 l of adwnees conduced by licensecs-15 complete such requirensenes on which bcensees have defauhed. Moners in this' lb) la deseronimmes ames of such fas, else agency shall, as ase objective, ob.

16 fund shaR nos be used for soorsmal operasing emp cises of the agency.

13 saise sesificiens fuseds eherefrone se reembww she uase for all or a substansial ponian of she ditat and inderect cous of the radiacion pamcaion services i

3 C===eas: The mese ener===s e co udre =eri ef=====unas chie f=ad by aushenieme she imwu-eas specified a, subscoian 4). The agnecy shall eake into account any special ar-

""'"d'd"""'**8"""*'"*""**"*"""'""""P"***""d""-

15 rangemenes fictweces slee umee and a regiserans licenwe, anoeer u '

II,, federal agency wherchy the e;oss of slee service is oslectwiw paniaN 17 (c) I or licensed aceivities involving the disposal of source maserial neiN sail-l accovered.

I Y

38 IR ings and disposal of low-level radiom1ive wasse slee accescy steali, and for 19 other classes of licensed activisy when radspactive enascri.el which will require 3

37 3,-v v w - y.

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Itadiation Contsol i

20 surwitance or care is Ehely es remain at the slee after the licensed activkin 21 cease eine agency smay. egaldale by rule or regulasion standards and pro-i Section 12. IIxspection.1 The agency a ks duly audem' d rePansah u

}

22 cedesres so casme that she licensee, befose lesmination of the license, will 2 shall have the power to ensu m at wag W uppi any #m W 23 maake avadable such fiending arrangensents as may be necessary to provide foe 3 public property for the purpose of deternumns whethe a

'c' kmg-scras siee swwellance and care.

24 4 phance with og violasion of the prowneons of shis ad 25 (d) All funds colictsed from licensees under subsection (c) shall be paid so

$ tions issued thereunder, encept that enery into areas under the j,urisdiction g 26 the agency for deposet by the lisaec steasurerl in a special fund called the 6 the federal governenent shall be cffccted only wnh the concwrence o 27 tradiasion long-serm care fundl. AM fumis accrued as interest on monics -

7 federal government or its duly desegnated reprmosative.

I 23 deposised in Bleis fasad are hereby appropeiased and enay be expended by the !

I 29 agency for the consinnung long-serm surveillance, suaintenance and other care i Section 13. Ignorsis.] W agency is audemp w MW 4 4 30 of facilities froni which sesch funds are colleceed as necessary for protection of I 2 tion or order, the keepeng of such rwords weh raput w ach 31 eine peshhc heahh, safesy ased environenene. Noswishslasuling any other provi-3 hecmes and registration certificales issesed under this ad as may be an

-32 sions of this subsection, if siste so and cussody of any raeleoactive mascial and 4 to effectesale the purposes of this act, wie rawds M k d its apa==a ine are stansferred so the Unised Seases upon termination of any 33 s

3 for inspection by, or copes ahered shaE k Md W.

• W "

• hcense for which funds have been collected for such long terne case, the col.

34 6 spest.

lected funds and inscrest accused theseosi shall be transferred so the Unised

{

35 Seases.

36 i

Section 14. [ Fag,,,f.ssow Agewnerness.]

2 (a) The gove'nor* on behalf of this stase is authoried so essa u.no Comme

- e s-

. ~

es.

ea _.e s._=s: The some may me. e. amhedse.,,seen.ne.s d empeeds es s ehis re.d e.m,

. _ g under Section 3

the, as pr ' ming for discon-can ii-a7,a ;miy,o,,,c, _

n.s,_asing am,'rei d segui.cor, gy 5

37 (e) The maresies or other renancial arrangements and funds required by

,,,,,,,,,,,,,,,,,,,,,,,,,w,, n,1,w m,

i..d 38 subsections (a) and (c) shat be estabhslied in anionants sufficient so enswe

- the assumersion of reguissory autherhy thewson W this mase.

7 39 e===ph=== wish shone seandards, if any, ess=henbd by slic U.S. Nuclear g

(b) Any person who, on sine eMMuw dase d an WW un a su sec-(

40 N " _yComunissionpestenenssoclosure.it

" ; talasmation tion (a) above, possesses a l_ase issued by the E M8 M

9 41 and 'eng-terne sine surwellance and care of such facilieies and sites.

10 Ca====aan for radioactiw mWaiais @ # M be (f) in enter lo provide for the proper care and survestance of sises subject !

Il deemed to possess a like hunne immed undu 2 ad. M her i

42 43 to subsection (c) and which are not subject to Section a or 9. time istatel 12 90 days aber recesps froen the agency of a noeice of emperanon lagency on behalf of the state) siay acquae by gift or transfer froen another 44 13 or on the dase of esperation specified in line W W 45 sovesansent agency or provase person, any land and apparsemances necessary 14 heense, whichever is carher.

l 46 to fulfill the purposes of this section. Any such giA or transfer is subject to l t

Section 15. [Aegurction A8 wnernas amt Tanimang mesmas.]

47 approval aneraccepeance by the Istatel lsgesecyl, 48 (a) The agency may by contract. agreesment, lease or Ecense with any pe'*

2 (a) The agency is authoriacd to enter into I. soldat to 49 aos, includes another sense agency. provide for the decontamination.

3 gewenor.l an agrament or assumenes M k M 30 closene.1-4 comunnaion underSection 2Mi d she AHanic W M asiend-reciansation, surwellance or other care of a sine Si subject to this section as needed to carry oest she purposes of this section.

5 ed, other federal governenest agencers as authonard by W. m tates or S2 j

(h) In the event a person hcensed by any governamental agency other than 6 ledamme agencies, whereby this saase wit paform on a e g;g.,,

33 lstasel lagencyl dessres to eransfer a sise to slee sease for the penpose of ad-7 wish the conusussson, ochu federal gewsmnent W m g

54 sminnaering or providens long-term care, a luenp sum deposet shall be made io 8 samme agencies. inspections or other functions wlating to comuc

,eerces 1

35 the tradiasion long-seems care fondl. The amount of sesch depossa shall be

, g,,digion.

36 deternmened by the agency taking into account the factors stased in subsec-(b) The agency may inn ese traimag M MWW g,,,gg,

i IO m

y l

ll ing pasonnel to carry out she provisions of this ad, and may e said W -

$7 tions (c) and (e) of this section.

P SS (i) LAM stase, local, or other governancent agencies, shaE be esenipt from the 12 sonnel avadable for participation in any pream a snograms g g

$9 wgesirensenes of sesbsections (a) and (c)l.

13 government, ceher uma w insensate ages a bkN #DN 14 of this act.

38 S

S w m-m r i v-r w -m m-e-e -em-i - w-ac e,-

,=- a w i-w w wm

• --c--et-w w r r me = =-w - = w nm -w e w v==

wm r w +'-- ~ e r-ev

= +e u -oe -- m t w on-w we

--m

=g -- sw e ev se e-as e s =o w m e s w w----e meewe--W-----*MP

W"***wv-N*-vi--r=-'+1w*4

Sessgessed Stair Legislation f

Radiation Control l

4 l

t Section 16. [ Con]Ilirting laws.) Ordinances, resolutions or regulation 1 j

2 now on hereafter in effect, of she governing body of a suunicipah y or county.

36 (c) The agency shaN prohibk any snajor conuruction with respect to any 37 activhy for which an environsnental inipact analysis is requised by subsection 3 or of stale agencies other than the agencyliesl named in Seclion 5 relating to 33 (d) prior to cosnpletion of such analysis.

4 byproduct, source and special nuclear amaterials shall not be superseded by 39 (f) Whenever the agency fasids stial an essergency emisas reqesiring ism-

}

5 Ilois act; g.roveded, that secle ordinances or regulasions are and continue to be.

40 mediase action to prosect the public health and safety, stie agency may.

l 6 consessent with the prowsman ofIlois act, amendments thereto and rules and i di wie hout notice or locating, issue a regulation or order recking alie eminence of j

7 regulatioses sleereunder.

42 saech cineagency and requiring that sasch action be taken as is necessary to l

43 meet Ihe emergency. Notwithseandeng any provnaon of this act, such regula-44 tion or order sliall be effective usumediately. Any persosi 80 wisons such 1

Section 17. lAdesemisreurier Prowdere and lastlicial Review.)

45 regniasion or order is directed shau cosaply therewish immediately, but on ap-

{

2 (a) In any pra " ; for Ilie issuasice or noodification of rules or regula-46 plication so the agency shaN be afforded a hearms wishin I l days. On the 3 tions relasing to consrol of sources of radiasion, the agency shall provide an 47 basis of such hearing, elic escreency regulaeiosi or order shau be consinned,

{

4 opportensty for piebisc participation through wristen comments or a pubiec l 4s noodified or revoked wieliin [30l days after such hearisis.

5 hearing.

49 (g) Any fu' sal agency action or neder essered in any proceedung under 6

(b) in any proceeding for the densat of an application for license or for 50 subsections (a), (b), (c) and (f) above slaaB be subject so jesdicial review by she l

4 7 revocation, suspensson or modifiction or a bcense, the agency shall preide.

Si tappropriaee courtl in the smansier prescribed in icise appropriate stase act set-a lo the applicant or hcesisee an opportesseity for a hearing on the record.

52 sing out procediere for appeal.1 l

?

9 (c) in any proceedsag for hcensang ores processed prismaaily for aheir source i

10 smaserial consent and desposal of l byproduct material l isource niascrial niill I

Section 18. llajemersion.%. ? ;s.) Whenever, in the jesdgement of the i

18 tadingsl or for heensing desposal of low-level radeoactive wasse, the agency '

2 agency, any person has engaged in or is aboise to engage in any acts or prac-12 shen provide:

3 tices winich coassisisse or will connaisuse a violation of any prowesson of this 13 (1) An oppostenily, after pubise notice, for wrissen comiments and a 4 act, or any rule, regulation or order issued thereunder, land at the reqasest of l

14 pubbe locaring, wish a transcript.

5 sine agency,l the laetorney generall may make appbcasion to the lappropriate 15 (2) An opportunity for cross enamoination.

6 coural for an order enjoenens sesch acts or practices, or for an order directing I

16 (3) A wrissen decerneination of the action to be taken wisich is based 7 c ; 52, and upon a showing by the agency that sesch person has engaged 17 upon findings included in the detersnimation and impon evidence presented 8 or is about to engage in any such acts or practices, a permanens or tesaporary 18 during she pashte c==mwns period.

9 injunction, restrasseng order, or other order snay be gransed.

19 (d) In any proceeshes for hcensing ores processed prisnarily for their source 1

20 messerial consent and Aspa==I of l byproduct maseriall l source haaserial mi3 I

21 taihassi or for licensing aspan=1 of low-level radspactive wasse, she agency I

Satim 19. l k shaN k M Iw any penas to me.

2 manufacturg produce, disaribuse, sell, transport, transfer, instau, repast, 22 shau prepase, for each heensed activisy which has a significant isepact on time l 23 hennian environsment, a wrissen analyses of the impact of such licensed activily.

3 rMeiv% acquir% own et possus any source d radiation unins hcemed by w 24 on alte envirosusient. The analyses shat be available to the public before the j 4 registered wish the agency a conforniance with rules and regulations, if any, 5 prmudgated m accadance wkh &c prWe N act.

25 comumencensent of locatings held pursesant to sesbsection (c) and shaN inchede.

26 (1) An aseensamma of the radeologicaland nonradiologscalimpacts to the I

2p pubhc locahh.

I Section 20. lInspoundwar.) The agency shaN have she authority in she event l

2%

(2) An assessment of any Isupact on any waterway and groundwater.

2 of an einergency to isapound or order the '.

- " ;of sources of radiation 29 (3) Consideration of shernatives, inchading ahernative sites and 3 in the possession of any person who is not g ;;M lo observe or fails so 3

engineering snethods, so the acvisities so be conducted.

j 30 4 observe the provisions of this act or any reales or regulasions suued (4) Consederasion of she long-teren inipacts, including decoenmissioning, gl 31 3

hereunder.

l 32 deconsannimation and reclasmasion of facilesies and sises associated wills the,

j 33 licensed acsivities and managesnent of any radioactive mascrials which will re

• g S y,;,yg,gp,,,, g y j

34 niain on the siee after such decosnaisssiones, decontamination asid reclama-2 (a) Criminal penahies. Any person who lwillfuByl violases any of she provi.

33 'i*"-

l 3 sions of einis act or rules, regul.asions or orders of the agency in effect pur.

1 l

dII 41

- e-q

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.emy,,-e----.%--m

,m=--

e

-.wy,+--,

,,.,r-

suggessedsiase Legislation

"*ii*" C'* '

4 imant eherets sing upon conviciion thereof, be punished by Ir c isnerison-I section 23. Iscwr=6dity.1 linwr wverability ct=se.1

}

s mem, or boshi.

6 (b) cava penahies:

I section 24. tRepesi.1 linsert repealer clause.1 7

(l) Any penen wloo violaecs asey licensing or registradion provision of l

8 this act or any rule, regulacion, or order issued thereunder, or any serm, con-I Section 25. lEfferrier Dere.) l Insert effcceive dase.)

~

9 daion or limnasioes of any bcense or regiserasion eersificase issued thereunder, 30 or comunks any violation for which a license or regisarasion certificate may be il revolted under risies or regulacions issued under this act niay be subject to a 12 civil penaley, so be inoposed by she agency, not so enceed linsert appropriate 13 dalL= amoans). If any violatiose is a consinuing one, each day of such viola-14 lion sleaN conseisesse a separate violation for ihe purpose of computing lhe ap.

15 plicable civil pesaby. The agency sliall have she power to coenpromise, 16 maisigase, or sensis sesch penahics.

17 (2) Whenever the agency proposes to subject a person to alie inoposkion 18 of a civil pensky under the provisions of this sesbsection (b), it shaN notify 19 sasch person in writing:

2D (i) Sessing forth she dase, facts, and nature of each act or osnession 21 with whach she person is charged.

22 (ii) SpecirecaBy idensifying the particular provision or provisens of the l

23 section, rule, reguission, order, license or regissrasion certificase involved in 24 the violaiion.

25 (iii) Advising of each pensky which the agency proposes to inopose 26 and les announs.

27 Such written notice shaB be sent by regissered or certireed mail by the 28 agency so the last known address of such person. The person so notified shall 29 he granted an opportunisy to sliow in wthing, wishin such rews, period 30 as the agency shaE by nele or reguission prescribe, why such penaky should 31 not be imposed. The medice shau also advue such person that upon failure to 32 pay the civil penahy subsegsemly determuned by the agency, if any, alte 33 penalty sney be coteesed by civil action. Any person upon whens a civil 34 penaky is imposed niey appeal such action under [ state adsunisstative pro-35 cedure ace).

36 (3)On the sequest of the agency, she l nance appropnase sease agency, e.g., as-37 tonarygenerallis authorued so inssksee a civa action 10 cogert a penah punment to this =d=nesas (16. The lnanee appsopnase saase agency, e.g.y imposed 38

, asscency 39 generaq shaB home she enciasme power to compromine, maisigale, or rensk such civil l40 penshics as are referred to hine for conection.

41 (4) All ma==s conected frone civil penahics shall be paid to the [ state 42 treasurerj for depose in the general fund. Monics collected faom civil penahies 43 shall not be assed for morenal operasine c ases of the jagencyj enceps as ap.

44 propriations are made frani the gened im. en the norsnal budgesary process, I

I Sectiosi 22. lAmthoruation ofApproprastioses.] [ Insert appropriasiosi section.)

42 43

l L

I N

NUREG-0980 i

Vol.1, No. 2 i

i Auclear Regulatory

-Legislation i

l 102d Cohgress i

i U.S. Nuclear Regulatory Commission Office of the General Counsel i

l '.! ~ I t

I a

E l

6 3

I i

l

I i

i "Sec. 271. Agency Jurisdiction.-Nothing in this Act shall be yncy tade to the Commission.ne. nsstion.

construed to affect thd' authority or regulations of any Federal, State, or

'or the use of materials unde c USC sec. 2018. I.ocal agency with respect to the generation, sale, or transmission of nonstration Program, unles electric power produced through the use of nuclet.r facilities licensed by macted by the Congress.an the Commission: Prodded,'Ihat this section shall not be deemed to con-the Commission may apprt.

fer upon any Federal, State, or local agency any authority to regulate, be accounted for upon th control, or restrict any activities of the Commission.ro7 whcabihty "Sec. 272. Applicability Of Federal Power Act.-Every licensee under Iof subsection a., funds an Hederal this Act who holds a license from the Commission for a utilization of

d for the restoration or rt Ner Act.

production facility for the generation of commercial electric energy troyed or otherwise serious c USC sec. 2019. under section 103 and who transmits such electric energy in interstate iorized to usc availablefund commerce or sells it as wholesale in interstate commerce shall be subject ta the regulatory provisions of the Federal Power Act.

triated for any constructa :xensing of "Sec.273. Licensing Of Government Agencies.-Nothingin this Act the development or proda bernrnent shall preclude any Government agency now or hereafter authorized by mic weapons may be usedi, gnaes.

law to engage in the production, marketing, or distribution of electric otherwise authorized dik c USC sec. 2020. energy from obtaining a license under section 103,if qualified under the thin the limit of cost ofik provisions of section 103, for the construction and operation of produc.

ution is to be made, andik tion of utilization facilities for the primary purpose of producing electric energy for disposition for ultimate public consumption.

ssential to the common de Gweration "Sec.274. Cooperation With States.ros_

3:th 5tates.

"a. It is the purpose of this section-luired by changes in weapx c USC sec. 2021.

"(1) to recognize the interests of the States in the peaceful operations; and uses of atomic energy, and to clarify the respective responsibili-o enter into a contract e ties under this Act of the States and the Commission with it to furnish from a private (

respect to the regulation of byproduct, source, and special orservices to be providedt, nuclear materials;

"(2) to recognize the need, and establish programs for coop-eration between the States and the Commission with respect to u 9u uno, ui, am,.

control of radiation hazards associated with use of such materi-

" 3) to promote an orderly regulatory pattern between the

'"*' 5"ff!"I 0,'"a$,*',2l','

Commission and State governments with respect to nuclear

,f gl*gg g',8ag a development and use and regulation of byproduct, source,and eso f-iw d-io,mem od,.minia.

special nuclear materials; UI."m".I."'Ca"13,"l",ll",;.'

"(4) to establish procedures and critcria for discontinuance of

-r ad ma=lar*;=ldmyegg certain of the Commission's replatory responsibilities with re-a pr=

y tu com

s..f.,.e spect to byproduct, source, and srecial nuclear materials, and

"'J,t,OTO'6", d";"g*,

the assumption thereof by the Lates;

"(5) to provide for coordinatic n of the developrr,ent of radia-nwrearmb =co mus.po.iw=u tion standards for the guidance of Federal agencies and coop-8;'*fl%,",lgg,8g'jl,",,g"g cration with the States; and

"(6) to recognize that, as the States improve their capabilities

= =in-med m maam r==m i me mu ta co

,ci.... tn, dmi,,,,,,,

to regulate effectively such materials, additional legislation

$d".".To*E*,J,*a7fc"2g may be desirable.

i,

Weernents "b. Except as provided in subsection c., the Comm,ssion is d escurry, icteratus or eespoa log sts operstice as u os termssetafectory so a tofurnet tresa

's men projwt

• Subeecs s andd adedP ha sectes see 'A*onur Encigy Le8stssa so7Pubhc 1.a* 89135 P9 Sist $$1)(1965). amended sec 271 Pnor to amendment tius section read as follows

• $ec 271 AGENCYJURISDICTION-Nothmginthe Actshallbeconstruedtoaffecttbeauthontyor regulations gy Comamssos are est forth ta appteds' of am Federal. State, or local agency est respect to the genersten, sale, or transmasion of electru power *

-rth a Part it. ppe 80*Pubiz Lee 46373(73 Stat 688)(1959),see 1.added sec 274 145 t

e

r i

i i

l i

(

1 i

B

{

with States.

authorized to enter into agreements with the Governor of any i

State providing for discontinuance of the regulatory authority of l

the Commission under chapters 6, 7, and 8, and section 161 of this l

Act, with recpect to any one or more of the following materials within the State-j l

"(1) byproduct materials as defined in section lle. (1);208

"(2) byproduct materials as defined in section lle. (2);2m i

"(3) source materials;

"(4) special nuclear materials in quantities not sufficient to form a critical mass.

During the duration of such an agreement it is recognized that the i

State shall have authority to reEulate the materials covered by the agreement for the protection of the public health and safety from Publication radiation hazards, in E R.

"c. No agreement entered into pursuant to subsection b. shall

{

provide for discontinuance of any authority and the Commission shall retain authority and responsibility with respect to regulation i

of-

{

"(1) the construction and operation of any production or j

utilization facility or any uranium enrichment facility;2m

"(2) the export from or import into the United States of

{

byproduct, source, or special nuclear material, or of any pro-duction or utilization facility;

"(3) the disposal into the ocean or sea of byproduct, source, or l

special nuclear waste materials as defined in regulations or Licensing orders of the Commission; requirements.

j

"'M the disposal of such other byproduct, source, or special Exemptions.

i nuclear material as the Commission determines by regulation or order should, because of the hazards or potential hazards thereof, not be so disposed of without a license from the Com.

i mission. The Commission shall also retain authority under any such agreement to make a determination that all applicable i

t standards and requirements have been met prior to termina-l 42 USC 2014.

tion of a license for byproduct material, as defined in section 4

11e. (2).2n

{

Notwithstanding any agreement between the Commission and any Federal i

State pursuant to subsection b., the Commission is authorized by Radiation rule, regulation. or order to require that the manufacturer, proces.

Councit Conditions, sor, or producer of any equipment, device, commodity, or other product containing source, byproduct, or special nuclear material shall not transfer possession or control of such pursuant to a license issued by the Commission. product except "d. The Commission shall enterintoan a

)

tion b. of this section with any State if greement undersubsec-1 t

I e

acePubtac Law 95404 (92 Stat 3036)(1978h esc 2d(ak amended asc. 27AbX1) by addams *as defiaed to sectos j

114 (1)* after the words 'byprodud materials *.

I j

8Pabhc Law 95404 (92 Stat 3037)(1978), sec. 20Aa),, remimbered paragraphs (2) and (3) as paragraphs (3)

(

(4), and added a ese paragraph (2)

]

(

tica Pubbe Law 102 486(106 Star 2944), Oct. 24.1991 i

8"Pubisc law 95404 (92 Stat 3038)(1978), sec. 204(f), added a new aessence after paragraph (4) tia bt ru I

dansa was t 4

146 i

i l

4

, wpWh. g 1 - t L ;M5 M *

~

^

~

i le Governor of any

"(1)Re Governor of that State certifies that the State has a

ulatory authority of program for the control of radiation hazards adequate to pro-td section 161 of this tect the public health and safety with respect to the materials following unterials within the State covered by the proposed agreement, and that the State desires to assume regulatory responsibility for such ection lle. (1).ros materials; and ection lle. (2);210

"(2) the Commission finds that the State program is in accor-dance with the requirements of subsection o. and in all other tirs not sufficient to respects ia compatible with the Commission's program for r

regulation of such materials, and that the State program is s recognized nat the adequate to protect the public health and safety with respect to

.crials cover:l by the the materials covered by the proposed agreement.

alth and saiety from Publication "e. (1) B efore any agreement under subsection b. is signed by the inER.

Commission, the terms of the proposed agreement and of pro-o subsection b. shall posed exemptions pursuant to subsection f. shall be published once and the Commission each week for four consecutive weeks in the Federal Register; and respect to regulation such opportunity for comment by interested persons on the pro-posed agreement and exemptions shall be allowed as the Commis-if any production or sion determines by regulation or order to be appropriate.

ment facility;210s

"(2) Each proposed agreement shall include the proposed

.he United States of effective date of such proposed agreement or exemptions. The iterial, or of any pro.

agreement and exemptions shall be published in the Federal Register within thirty days after signature by the Commission and the Governor.

' byproduct, source,or "f. The Commission is authorized and directed, by regulation or led in regulations or lxensing requirements.

orc'er, to grant such exemptions from the licensing requirements act, source, or special Exemptions.

contained in chapters 6,7, and 8, and from its regulations applica-ble to lic:nsees as the Commission finds necessary br appropriate ermines by regulation i or potential hazards to carry out any agreement entered into pursuant to subsection b.

j icense from the Com-of this section.

I "g. The Commission is authorized and directed to cooperate with inauthority underany the States in the formulation cf standards for protection against on that all applicable hazards of radiation to assure that State and Commission programs met prior to termina-

. as defined in section for protection against hazards of radiation will be coordinated and compatible, e Commission and any Federal "h. Dere is hereby established a Federal Radiation Council, ission is authorized by Radiation consisting of the Secretary of Health, Education, and Welfare, the manufacturer,proces.

Council.

Chairman of the Atomic Energy Commission, the Secretary of De-fense, the Secretary of Commerce, the Secretary of Labor, or their

, commodity, or other iecial nuclear material designees, and such other members as shall be appointed by the President. De Council shall consult qualified scientists and ex-f such product except perts in radiation matters, including the President of the National ssion.

Academy of Sciences, tige Chairman of the Nation.1 Committee on reement undersubsec-Radiatten Protection and Measurement, and qualified experts in the field of biology and medicine and in the field of health physics.

The Special Assistant to the President for Science andTechnology, or his designee, is authorized to attend meetings, participate in the any.ao.,.

r.e,.

deliberations of, and to advise the Council.The Chairman of the 1

rhamnom r

.pasm no Council shall be designated by the President, from time to time, m

tiarublas Law 95404 (92 Sim 3037)0978). ses. 904(b). amended esc 214(d)(2) by insert.: the words "as accor-danse e sth the requirenwats of subasction o. and a all other respects

• before the word "compeut#.

as efter peregraph (4).

147

-m

,.y from among the members of the Council.The Council shall advise the President with respect to radiation matters, directly or indo rect!y affecting health, including guidance for all Federal agencies

~

in the formulation of radiation standards and in the establishment f

and execution of programs of cooperation with States. The Coun-cil shall also perform such other iunctions as the President may as-Notice of sign to it by Exceutive order.

fihng.

Inspections.

"i. The Commission in carrying out its licensing and regulatory responsibilities under this Act is authorized to enter into agree.

ments with any State, or group of States, to perform inspections or other functions on a cooperative basis as the Commission deems appropriate. The Commission is also authorized to provide train-ing, with or without charge, to employees of, and such other assis.

e tance to, any such State or political subdivision thereof or group of l

States as the Commission deems appropriate. Any such provision i

or assistance by the Commission shall take into account the addi-tional expenses that may be incurred by a State as a consequence of 4

the State's entering into an agreement with the Commission pur.

suant to subsection b.

Termination

• j. (1)24 The Commission, upon its own initiative after of agreement.

reasonable notice and opportunity for hearing to the State with which an agreement under subsection b. has become effective, or upon request of the Governor of such State, may terminate or sus.

pend all or part of 2 its agreement with the State and reassert the licensing and regulatory authority vested in it under this Act, if the Commission finds that(1)2ts such termination or suspens;on is re.

Defin tion.

quired to protect the public health and safety, or (2) the State has not complied with one or more of the requirements of this section.

" Agreement."

The Commission shall periodically review such agreements and at-tions taken by the States under the agreements to insure compli-ance with the provisions of this section. e

"(2) The Commission, upon its own motion or upon request of the Governor of any State, may, after notifying the Gover-nor, temporarily suspend all or part of its agreement with the State without notice or hearingif,in the judgment of the Com-mission:

"(A) an emergency situation exists with respect to any material covered by such an agreement creating danger which requires immediate action to protect the health or safety of persons either within oroutside of the State,and

"(B) the State has failed to take steps necessary to con-tain or climinate the cause of the danger within a reason-able time after the situation arose.

A temporary suspension under this paragraph shall remain in ef-feet only for such time as the emergency situation exists and shall Anre. p. 3033.

8'ha ta.w295 e4 sw ab09sexa.c 20s. meened *or ne,,.

Ibst. p. 3039.

8'*Pubhc Lau 95404 (92 5 tat 303h0978), sec_204(dXIk ernended esc-274; by addmg the words *all or part of*

after *suspendt

1. '8 Pubhc La*9$404(92 5 tat. 3037)O978), ses 204(dK2), amendes sac 214 by mnertag *0)* after tedstnat" 3

stePubbcLaw93404(92$ tat 3037)(197Eksec 204 dK3) amendedsec 274.byaddmgsttheendbeforethepened t

ch a remen n as a he $ as 3 nw t ensu comphanc wit hp sens of thas sectent 148 lh J

I

i cil.The Councilshalladvise authorize the Commission to exercise its aut'aority only to the i m matters, directly or inde extent necessary to contain or eliminate the danger."ri7 1.nce for all Federalagencies "k. Nothing in this section shall be construed to aff ect the author-

, ds and in the establishment ity of any State or local agency to regulate activities for purposes j ion with States. The Coun.

other than protection against radiation hazards.

j ans as the President mayas.

Notice of "1. With respect to each application for Commission license j

fibng.

authorizing an activity as to which the Commission's authority is

its licensing and regulatory continued pursuant to subsection c., the Commission shall give i orized to enter into agree.

prompt notice to the State or States in which the activity will be i s,toperforminspectionsor conducted of the filing of the license application; and shall afford i c.s the Commission deems reasonable opportunity for Stat e representatives to offer evidence, i tuthorized to provide train. -

interrogate witnesses, and advise th e Commission as to the applica-i :es of, and such other assis.

tion without requiring such representatives to take a position for or j division thereof or groupof against the granting of the application.

j ipnate. Any such provision "m. No agreement entered into under subsection b., and no ex-I take into account the adde emption granted pursuant to subsection f., shall affect the author-

a State asa consequenceof ity of the Commission under subsection 161 b. or i. it issue rules.

] with the Commission pur.

regulations, or orders to protect the common defense and security, to protect restricted data or to guard against the loss or diversion of lj sts own initiative after special nuclear material. For purposes of subsection 161 i., activi-j hearing to the State with ties covered by exemptions granted pursuant to subsection f. shall j J. has become effective, or be deemed to constitute activities authorized pursuant to this Act; j

tate, may terminate or sus-and special nuclear material acquired by any person pursuant to 1the State and reassert the such an exemption shall be deemed to have been acquired pursu-

dinit under this Act,if the ant to section 53.

j inationorsuspensioniste.

Definition.

"n. As used in this section, the term ' State

• means any State, safety, or (2) the State has

'lerritory, or possession of the United States, the Canal Z,one,

quirementsof thissection.

• Agreement."

Puerto Rico,and the District of Columbia. As used in this section,

wsuchagreementsandac-the term ' agreement' includes any amendment to any agree-

< eements to insure compli.

ment.21s

!. tie "o. In the licensing and regulation of byproduct material, as j,n motion or upon request defined in section 11 c. (2) of this Act, or of any activity which after notifying the Gover-results in the production of byproduct material as so defined under 4

of its agreement with the an agreement entered into pursuant to subsection b., a State shall thejudgment of the Com-require-

"(1) compliance with the requirements of subsection b. of exists with respect to any section 83 (respecting ownership of byproduct material and greement creating danger land), and m to protect the health or

"(2) compliance with standards which shall be adopted by the iroutside of the State,and State for the protection of the public health, safety, and the ke steps necessary to con-environment from hazards associated with such material which i

le danger within a reason-are equivalent, to the extent practicable, or more stringent ose.

than, standards adopted and enforced by the Commission for agraph shall remain in ef-the same purpose, including requirements and standards pro-y situation exists and shall -

Ante, p. 3033.

mulgated by the Commission and the Administrator of the ry lbst. p. 3039.

Environmental Protection Agency pursuant to sections 83,84, 27w.aaw tw.

a-,.n or and 275, and 27%=.en=s oran smo,e

"(3) procedures which-

7%.ooms.nwe owr iwe,noo 1,,,g",,{Q**"jg",*gy an,nn, t,,&295 (94 si. 1s7)09 sox sec 20s.oded new sutmec *J o)".

y aisfubhc lae Y540. (92 L.I 3037) 0918 A sec 204ack.dded last sentence to sec 274n 149 3

-m I

anni

l' y.

e

~

"(A)in the case of licenses, provide procedures under "In adoptin State law which include-with respect

"(i) an opportunity, after public notice, for written source mater comments and a public hearing, with a transcript, 42 USC 2014.

materialas d

"(ii) an opportunity for cross examination, and (including,w

• (iii) a written determination which is based upon mentsadoptt findings included in such determination and upon the after noticei evidence presented during the public comment period mines that st and which is subject to judicial review; tamment of

"(B)in the case of rulemaking, provide an opportunity health, safet:

for public participation through written comments or a cal hazards si,

public hearing and provide for judicial review of the rule; tent practic. I

"(C) require for each license which has a significant im.

achieved by pact on the human environment a written analysis (which Commission shall be available to the public before the commencement by the Adn of any such proceedings)of the impact of such license,in-42 USC 2022.

accordance -

cluding any activities conducted pursuant thereto, on the take mto a environment, which analysis shall include-topography,

"(i) an assessment of the radiological and non-42 USC 2022.

• Sec.275.

radiological impacts to the public health of the activi.

Tailings.-

ties to be conducted pursuant to such license; "a. A i

"(ii) an assessment of any impact on any waterway the Ad r

and groundwater resulting from such activities:

mafter

?

"(iii) consideration of alternatives, including alterna-Rule.

rule, p tive sites and engineering methods, to the activities to dardsi be conducted pursuant to such license; and MillT.

"(iv) consideration of the long term impacts,includ.

the pu ing decommissioning, decontamination, and reclama.

and ng tion impacts, associated with activities to be conducted maten ;

pursuant to such license, including the management of Radiat any byproduct material, as defined by section 11 e. (2);

tailing and Secret

"(D) prohibit any major construction activity with re.

ingsR j spect to such material prior to complying with the provj.

antto i sions of subparagraph (C).

consis If any State under such agreement imposes upon any licensee any as am requirement for the payment of funds to such State for the reclamation shallc or long-term maintenance and monitoring of such material, and if trans.

ment, fer to the United States of such materialis required in accordance with dards.

section 83 b. of this Act, such agreement shall be amended by the be ap; Ame,p.3033.

Commission to provide that such State shall transfer to the United stand.

States upon termination of the license issued to such licensee the total "After O amount collected by such State from such licensee for such purpose. If standards:

such payments are required, they must be sufficient to ensure compli-42 USC 7911.

of Energyi ance with the standards established by the Gmmission pursuant Act of1971 42 USC 2201.

to section 161 x. of this Act. No State shall be required under paragraph with, stanc' (3) to conduct proceedings concerning any license or regulation which would duplicate proceedings conducted by the Commission!'8 82%* te 32'Mhc ts enactment of the a*Mhc Im 95404 (92 Stai 3037)(1978J. ecc 204te). added a are sutmec e

• I#

150 h

k

i

?

I i

k I

ide procedures under "In adopting requirements pursuant to paragraph (2)of this subsection

(

with respect to sites at which ores are processed primarily for their lic notice, for written source material content or which are used for the disposal of byproduct

}

cith a transcript, 42 USC 2014.

material as defined in section 11 e. (2), the State may adopt alt ernatives xamination, and 2chich is based upon (including, where appropriate, site-specific alternatives) to the require-

ination and upon the ments adopted and enforced by the Commission for the same purpose if, l

'ibhc comment period after notice and opportunity for public hearing, the Commission deter-mines that such alternatives will achieve a level of stabilization and con-onde an opportunity tainment of the sites concerned, and a level of protection for public fI

?v8ewt health, safety, and the environment from radiological and nonradiologi-atten comments or a al review of the rule; cal hazards associated with such sites, which is equivalent to, to the ex-tent practicable, or more stringent than the level which would be b

has a significant im-pitten analysis (which achieved by standards and requirements adopted and enforced by the I

Commission for the same purpose and any final standards promulgated J

j thecommencement by the Administrator of the Environmental Protection Agency in j

pt of such hcense,in-42 USC 2022.

accordance with section 275. Such alternative State requirements may i

uant thereto, on the take into account local or regional conditions, including geology, i

plude-topography, hydrology and meteorology."22o j

liological and non-42 USC 2022.

l health of the activi-

"Sec. 275. Health And Environmental Standards for Uranium Mill 4

Tailings.-

g j such license; "a. As soon as practicable, but not later than October 1,1982,22i pct on any waterway the Administrator of the Environmental Protection Agency (here-C

, uch actmties; inafter referred to in this section as the ' Administrator') shall, by

?

! s, including aherna-Rule.

rule, promulgate standards of general application (including stan-j j s, to the actmties to dards applicable to licenses under section 104(h) of the Uranium j

j ense; and Mill Taihngs Radiation Control Act of 1978) for the protection of

prm impacts,includ-the public health, safety, and the environment from radiological ation, and reclama-and nonradiological hazards associated with r'sidual radioactive i

e pies to be conducted materials (as defined in section 101 of the Uranium Mill Tailings f

) the management of Radiation Control Act of 1978) located at inactive uranium mill j by section 11 e. (2);

tailings sites and depository sites for such materials selected by the I

1 Secretary of Energy, pursuant to title I of the Uranium Mill Tail-(

l m activity with re-ings Radiation Control Act of 1978. Standards promulgated pursu-(

) mg with the provi-ant to this subsection shall, to the maximum extent practicable, be d

consistent with the requirements of the Solid Waste Disposal Act, d

p any licensee any os amended. In establishing such standards, the Administrator f

j for the reclamation shall consider the risk to the public health, safety, and the environ-C

iterial,andif trans-ment, the environmental and economic costs of applying such stan-j in accordance with dards, and such other factors as the Administrator determines to I

,e amended by the be appropriate.222 The Administrator may periodically revise any i

i.fer to the United standard promulgated pursuant to this subsection.

j ilicensee the total "After October 1,1982, if the Administrator has not promulgated j 7t such purpose. lf standardsin final form under this subsection,any action of the Secretary j to, ensure compli-42 USC 7911.

of Energy under titleI of the Uranium MillTailings Radiation Control pmission pursuant Act of 1978 which is required to comply with, or be taken in accordance i

j d underparagraph with, standards of the Administrator shall comply with, or be taken in j r regulation which

{ mission.2ie

,,J,,e,,,,,,,,,g,,,,,,,,,,,,,,,,,,,,,,,

88%bhc Law 91415 (96 Stat 2061)O983). sec la substituted " October t.1982"for

• ope year after the date of enactment of the section

• 222Pubhc lae 91415 (96 Stat 2067)(1983). see 22 added ibn lar.guage to sec 275a 1

P j

151

L 1

l

UNITED STATES NUCt. EAR REOULATCRY C3MMISSISN RULES cnd REGULATISNS

..e TfTLE 10. CHAPTER 1. C015 0F PEDERAL RgetMATIO908-Eleghev COMMISSION NOTICES POLICY STATEMENTS AGREEMENT STATES es PR 7ese pub.L BMP3 which was enactedia the would be compatible with that of the PuWhhes 1/sa/st form of a new section to the Ats sic NRC.The criteria were circulated ensee6.e 1/as/81 Emergy Act(Secuen 3P4)and approved among States. Federal agencies. lsber Amended my pg, esehes yng/si by tbs prealdeal en Sqptember 33 tags and industry, and otherinterested 148 PR 309001 ene 7/31/s3 (48 PR and amended by pub.L SI spi groups for comment 388781 approved November 8.1378.These

4. The criteria require that the Siete criteria are intended to indioste factees authority coulder the total occumulated Ortnerla for Guldanee of States ang which the Conuniulos latends to occupational radiation exposure of IIRCin Diesentinuanee of NRC consider in a new or amended individuals.To facilitate such an noggletery Autheft and Assumption agreernants.

are notintended to appeach it is the view of the NRC that Thereof by States h Agreement hmit Commission discretles in viewing an overall redieuon protection program Individual agreements or amendments.

le duirable.The maximum scope of Nuclear Regulato'F in accordance with these statutory each State's redistion protection provisions, when an agreement between psogram la not, however, a necessabor Acmesc Statement of policy.

a State and the NRCis effected. the appropriate subject for eoretage.in aussenaan The Nuclew Regulatwy Commission wuldiscontinue its criteria. Consequendy, the criteria are Commisolen has revised its statement of regulatory authority within that State ellent on the question of whether a State reg criteria for guidance of over one of more of the following abould bewe a total repletory program tw andFi.in dhcomunuanos d materiale: byproduct meterial as defined covering all powess of rasadon.

NRCregulatory authority and

.in Section11e 1)of the Act including those not subject to control by assuanptica of regulatory authority by imdmisolo

. byproduct snatulal es

&e NRC undw &e Ammic Er.ngy Act dennedin tion 11e[2)d he Act(mul auch as a+sys,mdium, accolnamn.Mc.

States through ement.This ocdon is la ngs a weem), souw maurial L

u NWs d wla p ide fw Kecessary to me editorial s to spdate te poucy statement, to a (uranium and thorium), special nuclear

,, S 1 g inte, an agreement for a States to enterinto ments forlow.

material [ uranium 333 uranium 333 and gperato category of materials, namely, luton um)in quantitles not sufficient to ww. level m aste materialla permanent fcrm a critical mese and permanent disposal facilities. 'Ibey also provide levelwaste sely, an lacceporatethe and uirements of the hSU Things Radiaties Centrol espnel Mlowbel wasm containing new crHerla for mata wkhing 2 Act of18P8 Adoption of this poucy wlE en a som d &e matwiele maad conunw mguleung wealue and thMum eBowlaterested States to enter dato abm but not inclueng muhelungs, procusing and he waMes mu ts with the NRC and regulate

3. As agmaent may be eHecmd

&mtma undw te prmMona d e waste elles only. AddittenaB between a State and NRC:(1)spea Uranium MID Tsuings Radiation Control thoes States that meet the criteria for certincause by the Governor that the Act of1873 (pub.L es got) after the aguleuen dwanium mu State has a program for the sentrol of November a.1sst.'Ibe redoed criteria ta0 lass ma 'urch regula,k and radiation basards adequate to proteeg also contain a number of editorial artbert ded the oblic beelth and safety with respect changes such as changing AEC to NRC bythebasrtbneaowena to t e materials within the State eowned where op riste to conform to present um MAU Tallings Ra on Control Act of agra, as amended, by the proposed agmsunt and the ym,c{c aw., d g g g.

State dultes to enume regulatory 9

u.

p The revloed statement of polit ".

msponsibility for such materials; and (2) criteria or othw upacts of the NRC reflects the foDo rinci Ic 8 1.ModiScouen twien Er u after a Anding by the Commluton that Fedwal. State Relations program abould k

• ament for the State program is in accordance with be addmuod to the D!!ios of State allow a State to see4an t"3"a"d;nt"o'refcits ETEVi'2"efC.'"-

$'ar,P,0:,"-

-==-

Tinclusion ofIdd!tional criteria for compatible with the Commission's Celteria 8 States wishina to continue regulatins program for the reguladon ofsuch 06/ec#ms wealum and Giorfwn procasors and materials, and is adequate to protect the alu tauings after November 3.3331.

pubtle health and safety with respect to 1.Protecdon. A State regulatory P ram shad be du to protect the

3. Sditorial and clarifying changes to the meterials covered by the proposed hga th and saf e

of puple against make the statement cwrent.

agreement. It is eleo emessary that the Catam '!1ble polley statement is effective Statehaveenabling eledon radietion hua knuary38.1331.

autherlaing its Cow at tu enterlato Jtediot/en Protecilon Ssandonis '

poa Pusmean sucessaaveen cowfact such an esmment, ghn F.K

. OfRce of State programs, on[arhM get a as j af

'Timana wm ans adepad a ramert sa

.DI aid o op on 301-rt ar p e t t vos

• 'I.

ss provide guldance and assistence to the nnutowevoien ermeu stales and the AEC(now NRC)in tem sen w ed o,em m.s n saremenietian suase a fm sumsumaan=ponmances e

1.These criterie were developed to developing a regulatory program which

'sua

• G *sowd saw aswum and saw angene implement a program, authoriasd by 8 * * * * " " " * " * * * * '

PS.AG.1 September 29,1996

POI.lCY STATEMENTS critarla. In any casa, authority for their agency assessment of the proposed experience in radiation protection implementation should be adequately project is not adetjuste or appropriate.

r:ecessary to evaluate the enginering supported by sietute, tegulation or case However, the less agency may prepare and radiological eefety aspects of a law as determined by the State Attorney an environmental suesoment based utenlurn concshtrator.Curnal General-upon en applicant's environmental indicetions are that 2 to 175 total la the licensing and regulation of ores report. Other endible information may professional pmon yeare' effort le processed primanly for their source be utilised by the State as long as such needed to process a new conventinnel craterial content and for the dispoul of informstion is verified and documented mill license, in situ licensa, or major renewal.to meet the nquirements of byproduct material, procedures shall be by the State.

established which provide a written c.When a lead egency is designated.

UhffRCA.This numberincludes the analysis of the impact on the that agency should coordinate effort for the environmental assessment environment of the licensing actMty.

preparation of the statement.The other and the in-plant safety review. It also Ble analysis shall be available to the agencies involved should provide includes the use of consultants. Heap public before coeunencement of assistance with sespect to their areas of leech applicauona may take less time mairings and shallinclude:'

jurisdiction and expertise. Factors and is expected to take 1.0 to 1.5

s. An essessment of the radiological nlevant in obtaining suistance from professional staff yeare* efon.

and nonrediological public health other agencies include the opplicable depending on the circumstances iSPects; stetutory authority, the time sequence in encountered. Current indications are

b. An assessment of any impact on which the agencies become involved, that the person yeare effort for espport any body of water or groundwatet the magnitude of their involvement, and and legal services abould be one

c. Consideration of alternatives to the nlative expertise with respect to the secretary for approximately a licensed activities; and project's environmental effects.

conventional mills and % staff years for

d. Consideration of long-term impacts la order to bring an environmental l'ael services for each noncontested all!

Cflicensed activities (see item 36b.[1).

assessment to a satisfactory conclusion, case.The impact on environmental monitoring lobatory sopport services Angulottone it is highly recommended that an irdtlal is 6fficult to estimate but abould be scop document be developed which at State agu!stions should be clear delineates the area and scope of added into the penonne! requirements.

1.n addition, consideration should be reviewed for regulatory requirements, work o be performed by each agney sh en to various miscellaneous post.

and where necessary incorporate g,hia m.fiven time constraint.

licesing ongoing activiues including the regulatory language which is equivalent d' For those areas in the Issaance of minor amendments, to the extent practicable or more

,,y;,,,,,, ental autumer t where the inspections. and environmental stringent than regulations and standarda State carmot identify a State agency eurveillence. It is estimated that these ad:pted and enforced b the having sufncient expertise to adequatelI actMties may require about 0.5 to 1 Commiselon. as require by Section g

r 3740 (m 10 CfR 40 and 1RCFR

'","j"$wg",Q,',*,3* preg,,an person years effort perlicensed factifty

,h

]

per year,the letter being the case for a N

provisions for obtaining outside Orgartirollosal Aelotionahlps Within consulting services. In those instances

{* ' *,' "4

,'r fo I

P the States where non govemmenstal consultants 33.O anizationalrelationships are utilized, procedures should be

'kIU ysting license applications y

estabhshed to avoid conniet of interest abzuld be established which w il the State shall have secus to necenary censistent with State law and specialities, e s. radiological safety, provide for an efective regulatory adm t p e dures ggram for uranium mills and mi!!

hydrology, geology and darn a$arta should be developed which their expertise in emergency medical

• • ",'$,"n tod operetio g

shsw the management organiution and matters. such as the Oak Ridge and qualifications listed the *Cuide for Har. ford fiational Laboratones, relating Evaluation of State Radietion Control i

hnes of authortry.This chart should to the intake or uranium and its Prcgrarns." Revision 3, February 1.1930, define the speci.ie lines of supervision from program management within the d;s;nosis thereof associated with Ge re#atory eteninvolved in the radiation control group and any other uranium mming and mi!!ing should be regule tory process (Radiation) should identihed and available to the State for department Mthm the State responsible have additional training in Uranium Mill advice and direct assistance.

for contributing to the reguletion of uranium processing and disposal of During the budget preparation. the Health physics and Envitenmental J

g e

o !d e rties tre e e F

personnel will be evallable on a routine

b. Those States that will utihre Fersonnel and continuing basis to a degree personnel from other State Departments

34. Personnel tieeded in the claimed as necessary to succeufully er Federal egencies in preparing the of the !icans, appheatjen can [roceulagcomply with the requirements of identlDed or rouped according to the UMDCA and these criteria.De nvironmental anessment should esignete a lead agency for supe % ins fo!!owing skifts:Techalcal; arrangements for making such resources and coordinating preparation of this Ad ninistrative; and Support.

available shall be documented such as snvironmental spessment. Itis

a. Administrative personnel are those an interogency memorendum of normally expected that the radi& tion pe.nns who will provide internal understanding and confirmed by control agency in Agreement Sta tes will p w.;. g. rtemoranda. reviews and budgetary coat centers.

be the lead esency.The basic premise is t

i

' **'** **** **'Y '0 *** ut*

Functions To Be Covered

' ' f.eao'~n o"f the licenslag action.

that the lead aO'ney is te4utred to corrp are the environmental assessment-Support personnel m thou pmone 35.The States should develop gr iretien of an appbcent's w ho provide secretarial, clerical procedures for licensing inspection, and environmental report in lieu of a lead s upport. legal, and laboretory smicas, preparation of erwironmental Techrdcal personnel are those assessmuta.

d. "jM,C[* **"*"d in6viduals who beve the training and aEcusing (1) Licensing evaluations or PS.AG 5 September 29,1995

o-POUCY STATEMENTS anenments should include to-plant (a_ jEcology:

lastrumenterion radiological safety aspects in (b) Environmental e5ects of site as.ne State should have aveDeble occupational or restricted areas and preparation and facility construcMon on both field andlaboratory sovironmentallapacts to ations la environment and biota:

instrumentation sufficient to ensure the antwtricted areas from ant.

(c) Environmental effects of un and Ikenne's control of materials and to (g) Itis expected that the late will discharp of chemicals and fwls; and validate the licensee's measurements.

review, evaluate and provide (d) Econo nic and social effects.

a.The State will submit its niet of documentation of these evaluations.

c.Jaspections instrumentation to the NRC for review, llame wh!ch should be evaluated are:

bs(1) As a minimen. items which abould Arrangessents should be made for La; proposed activittee; tupected or included dwing the Ib'Se proposed action:

laspection of a stanium mill should cal brating such equipment.

b. Laboratory-type instrumentation I

activities to be conducted; adhere to the items evaluated in the in.

i I dainistrative procedures:

should be available in e State asency or Ie Facultyorganisationand plant safety review. he principal items through a commercial nrvice which has redi ogicalsafetyresponsibilities.

neommended for inspection are:

the capability for quantitative and (a) Administratfort qualitauve analysis of radionuclides authortues, and personnel (b) Mi!! circuit. including any anocieled with natural uranium and its quell 6 cations; additions, delettons, or circuit changes; decay chain, primarily; U-238. Re.226.

(f) Lloecsee audits and inspections:

(c) Accidents / incidents:

(g) Radiation safety training programs (d) Part le or equivalent requirements 3 320. Pb.210. and Rn.222,in a variety for workare, of the State; of sample media such as will be (b) RadleLion safety program, control encountered from an environmental and mealterlag:

(e) Action taken on previous findings; sampling program, (f) A milltour to determine Analysis and data reduction from (i) Restricted area markings and sompliance with reguladons, and licenu labore tory analytical facilitiu should be access sentrol; conditions:

available to the licens!ng and ins

0) At existing mills. review of (g) Tailings weste management in authorities in a timely manner. pection monitoring data, exposure records.

accordance with regulations and license Normally, the dets should be evallable licenses audit and inspection records, condf tions (see NRC Reg Culde 3.11.1):

within 30 days of submittal State and other records applicab!e to existing (h) Records; fk) Environmental monitoring; (1) Respirato y protectionin acceptabil6ty of quality assurance (QA) mills:

(1) Emergency procedures.

accordance with license conditions or10 programs should also be established for CFR Part 20.

the analyticallaboratodos.

radiological:

(j) Effluent and environmental

c. Arrangements should also be completed so that a large number of (m) Product transportation: and monitoring; (n) Site and physical decommissioning (k) Training programs samfting from a major act.ident can be

{

les in a variety of sample media procedures, other than tailings.

resu i

(!) Transportadon and shippin (c) Employes exposure data and (m)Intemet roview and audit hy:

timehed in a time frame that will allo anal bloessay programs.

decisions to be made regarding i

b.Environmento/ Assessment manapment pubite health and safetyld be made to

, Exit interview; and D)The environmental evaluation ln)nnel written report documentlns

d. Arrangements shou o) should consist of a detailed and hrticipate in the Environmental docurnented evaluation of the following the results of the inspection and findings tection A eney quality assurance program for faboratory performance.

items:

on each item.

(a)Topographyt (2) 'n addition, the inspector should perform the following-Geology; b) Hydrology and water quality; (ellndependent surveys and c) sampling.

d)Backgrouna redledon:

(3) Additional gutdance is contained Meteorolog".

I e) i in oppropriate NRC regulatory and Ef) Tailings retention system:

inspection guides. A comolete ig) Interim stabilisation, reclamatloa.

Int;t4 '.en should be performed at least anc Site Decommissioning Program; o m;c or p ar.

(hlRadiologicalDose Anessment; d.

crotionalDoto Asv/#w (1; Souros terme (1) addition to the reporting I 2; Exposure pathway requirements required by the regulations

3) Dose commitment to ladividuals or license conditions, the licenses will I4) Dose commitment to populations submit in writing to the regulatory (5) Evaluation of todiologicalimpecis agency within 80 days after january 1 to the public to laclude a determination and i 1 1 of each year, reports of compliance with State and Federal spect the quantity of each of the regulations and comparisons with princ!

adionuclides released to background values unrutricted areas in liquid andin (s) Occupadonal dose gueous effluents during the previous six (7) Radiological impact to blots other months of operation.This data sha!! be than man reported in a manner that will permit the (g) Radiological monitoring programa, ngulatory agency to conArm the pre-occupational and operational potential annual radisuon doses to the (1)1mpacts to surfens and public.

groundwater, both quality and quantity; non. radiological environmengoal sad (2) A!! data from the radiol j

0) Eovironmental effects of accidents; and monitoring program will aho be l

(k) Evalueuon of tellings management submitted for the same time periods and altematives in terms of regulations.

frequency.The data will be reported in (2)The States are encouraged to a manner that will allow the regulatory examine the need to expand the scope agency to conform the dose to receptors.

l of the onessment into other areas such as:

September te,1995 PS-AG 6

0' POUCY STATEMENTS discoctinuanes of Judedisues' Arrangemente should be made forthe aclamauen er other bonded activity ha'

• d' C e d $N' '

&a p

glionof been puformed, hade for the purpm r*8 p E" "e*n' A't M'im"2'elTnt01l;'.e st" *ARe' eJ'.Me".e c',*;;'2",,*a,,e a= *

• d a

Stok shah be emmelmus sum processing oflicense applientone, b es.NACand saief

""*P"**** "I

' "8'I'U*** **

reason af the transfer.For example,y one Centractes.D should emmlules umbhdas pumaanne approach miaht be that the State,la esemptions for NRC and DOE num 182 of to Aleek Energy Ast assuming jurTedicuen. could recognise sentractors which are substantiaDy

' I" ** I"'*"" # U'"**' ""

end continue in effect, for se equivalent to the fotowl)orming work exemptions:

• P *"""N I'*'"*" **" "

g(o'l*s 'e'mm'ad*,'"aaa"t')=d F

ppropriate period of time madet State a

a. Prime contractere pe h aa nO'*l'lMen::"['"fe:D,

'- $e wi m um.m.i ed l,e er e88troDod altee:

e.In the luvances of

,a l

for rer.ewat have been e en wh e good oues wa,,.nte es%iue, 6 'rt = a a a a = > d - =las va+caawn.f me acuen is be maearch in, w development taken be. J upon evidence pruented reemamination or terminsues of the licena.

manufactm. Hwage. teettag, or during the public comment period and

23. Ae/ouone It7th federo/

trmpenstion of. atomic wupme er which le subject to judicial review is

• * 'b***II Corominent andOtherStates. Mre

• • • t?.e*' Centr 8888Fe 88ias 8r 8P8r8tleS r*ntirei.

&m e should be on interchange of Feders! and

f. A bee se mejer sensweegan psist to nuclear reactore or otbar nuclear af a e wwnsa seversemental State infonneuen and seelstance in devlees in a U.S. Government-owned espeloted h beisnes eg.

connection with the issuance of vehicle or vessel: and

3. An opportunity shaU be provided regu!stione and licenne or authorias t!ons, inspection of licensee

d. Any other prime contractor er for public participation through writtea

)

evbcontractor of DOE or NRC when the comments. public heariaga, and judistal reporting c,f incidente and violations and training and educauen problems.

State and the NRC jolatly determine (I) review of rules.

37. Coverage. Amendments, that, under,the terms of the contract or

30. In the enactment of any supporting Aecerec/ty. An agreement providing for subcontract. there le adeeuste legislavon the State should take into assurance that the work thereunder esa sooount the reservatione of authority to discontinuanes of NRC regulatory be accomplished without anda risk to the UA la UhtTRCA as etsted 1810 CPR auewHy and to assumpe Staw may the public health and safety and (U) that saatss and summarised h the on of r letory sueodty h

,g""""Y"**"'I**

the anmpuon of such contracter er followleg:

subcontractor la authorised by lew.

a.h establishment of eslaimum following categories of materials withis the State, as eentemplated by public Addidonal Criteds for States Regulating standards koverning reclamaties, g,,,,,,,,,

,,,,,,,,g,i,,,,,,,

i 1.aw as-afs and Public Law pH04:

Ursaluss os Dorium processere and ownedip db byproduct maanal.

1 a.Dyprodact materials a detaed in Westee Resultlag herefrem After b.N determinaties that prier to the section 1 1)of the Act.

November a. test terminsuon of a licene, the boensee has b.Byp uct materiale se detoed la staturae complied with decontaminatsee.

ri le

30. State statutu or duly promulgated domainioning and melaassuon

d. Special nuclear materiale la regulations should be onested,if not standards, and ownership requimmente tw dtn at wWcMyymduct matedalla quantities not sufBelent to form a already in place to make clear State P"**"

mquimment eat pdor to critical mass.

authority to carry out the requiremente

&h

e. Low level wastes in pennanent or pubbe Law eM04. Uranium MiD e Radieuon Control Act terminsuos of any license for byproduct dieLsalfacilities,se defined b statute Talli"fiCm as fono.e.

=*'ariat a' dart d i= s ='ia isa.<>) at alesionrues-,egeaifene cum de A2mic Act or for ami containing one or more of the materiale

n. Authority to regulate the tauings or acuvhy est ru te in es prodocuan of stated in a, c and d above but not wastu produced by the extraction er,

including byproduct material as defined concentretion of uranium or thorium neh material ude to such hyroduct In Section11e(I)of the Act; from any are processed primaruy for its

(',"[g[h""(O'['d e'nment I

g r

but must relate to the whole of such source material sostest.

or state et the opuen of the State.

b.That an ad uste surety (under pmvided such option is amorcised prior category or categories and not to a part of any category. Ifless than the Sve terme establish by reguleuon) wiu be to terminsuon of the licenea.

categories are included in any Provided by the licensee to soeurs the d.h authority to requits such discontinuance of kurtediction, com6etion of au requiremente l

disconumnos a RC,e,e.ary esa edby ee(e e,,ro,s..

=;,I;g=l, tag;,=g,=,d,,,,,,,

authority and the assum State esency) for the decontamination' regulatory authority by t$ tion of

$l,d'((['i','yg'j,pjtee 7

d e Stats of the decommissioning. and reclamation of othere may be accompushed ettes, structures, and equipment used in materiale and property for which the subsequendy by an amendment or by a conjunction with the generstion or 5:ste has assumed custody pursuant to later agreement, disposal of such byproduct mateHal.

pub.L e M od

& agrument may incorporate by

t. Ifin the States'llcenelns and

,, g,,gf,g p

reference provisions of other docussents, redulation of byproduct material or of urface w nbub, e l,g,, g g

,g gg including these criteria, and the any activity which produces byproduct the land transformd to the United Statu agreement shaU be deemed to materfel, the State ceDects funds from or State pursuant under provielon of the lacorporate without opet!!)c reference the41censee orlie surety forlens. term Uranium Mill Radiation Tsuings Control the provisions of Pub. L 46-373 and Pub.

surve!Uence and maintenance of such 3,g, L 9M04 and the related provielone of material, the total amount of the funde f.ne authorit to exempt land the Atomic Energy Act.

collected by the State shall be ownership tranefer requirements of transferred to the U.S. If custody of the section 83(b)(1)(A).

leNaeNnIeNeNNUre end h [nsb d ite eposal site e Fed,

31.1t le preferable that State statutes 8"

."eSeYeY/eNe'*N*'rN.M, Governmeni upon termination of the

("d id "8mey c

e. tesi em ent u PA t. es.ees mer etwa State license. (See to CFR 160.32.)If no b

• N e"aNr*tf=EuY'wYr"En=M dsfauit has occurred and the

• "[

e t wt September 29,1996 PS AG 4

. -. -. -. ~

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

l 4.

POUCY STATEMENTS essepliance with regulatory of eva!uetlos and laspection of eB of the Specio/ Nuclear Material. Source seguirements, various sees of b source and Moserialand Tritium Fregency ofinspecties shaB be special meelear material which might seletes diressly to the ammet and kind come to the regulatory body should have

21. Conditions Applicable le Special licensed, and it get eyesetles subetsstial training and extenalve Nuclear Moserial. Source Mater ol and of material and be adegoats to experienceis the field of radiation Trisium. Nothing in the State's imam,enspilenosp_ _, _ _,

protection. It is desirable that each a regulatory program shallinterfere with 17.

the duties imposed on the holder of the aball be, ender obligation bybw to pereen have a be elor's degree or materials by the NRC for exernple. the equivalentin the er life duty to report to the NRC, on NRC prodde acesse,to insgW sciences, and spe training redletion prucribed forens (1) transfers of special 14e of powegoE l

Jnspcties. Ucensen an endiled to be nuclear material. source material and edvised of the resulta dupections and It is scognised that there wiB also be tritium, and (2) periodic inventobdata.

ta notice as to whether or not they are in pmene la &* Program p rforming a 22.Specio/Nuclect Morerial ' fined.

I comph more limited funption in evaluation and Special nuclear material in quantilles inspection.nese persons will perform not sufficient to form a critical rnass. for gnforcement the day.toalay work of the regulatory present purposes means uranium tt Womemnf. Possenia and use progree and deel with both routine enriched in the isotope U-235 in dredisch makdels shouhe alteetions as well as some which wlB be quantities not exceeding 350 grams of ammable to enforcement & rough legal out of the ordinary.nese persons contained U-235. uranium 233 in sanctions. and the regulatory authonty sher.!d have a bachelor's degree or quantitin not exceeding 200 grams:

{

thall be equipped or assisted by law equivalentin the physical or life plutonium in quantities not exceeding

)

with the necessary powers for prompt sciences, training in health (hysics. and 200 g'ams; or any combination of them enforcemenL Die may include, es

,pp,g,,g

,, etal work in accordance with the following appropriata, adrainistrative remedies experiencein the field of radiation formula: For each kind cf special protection.

nuclest material. determine the ratio 3"kI"8 **'d I"uw"*"s*c*u*I *'d'

De foregoin are considad between the quantity of that special duirable quehbcations for the staff who nuclear material and the quantity requmns afErrae m or l

ouspensin or mvocauon of es right to l

ponus and use materials, and the willbe responsible for the actual sPecified above for the same kind of impoun&ng of matedals. the obtaining performance of evaluation and sPecialmucJear materialne surn of ofinjuncove relief, and the imposing og inspecuen In addition, there will such uties for aU of the kinde of special chil or cdsninal puolties.

probably be tralnees awociated with the nuc! ear material in combination should regulatory program who will have.an not esceed "1"(i.e unity).For examp!e.

personnel academic background in the physical or h foDwing quanhain cornbbuon

20. Quebfications of Argulatory and hfe scinces so weU es varyingsmounts i

would not exceed the limitation and are i

laspeciion Personnel. De regulatory of specific tral in radiation within the formula. se follows:

agency shall be staffed with sufficient Protection but litt e or no metal work j

trained proonnel. Prior evaluation of experience in this field. We background l

applications for licenses or and specific training of these persons 17s (grams contained U-235) +

suthorizations and inspection of willindicate to soree extent their 350 bcenun must be conducted by persons potential role in the regulatory program, pomning the training and experience nose trainees. of cowse, could be used 50 (grams U-233),50 (grams Pv),)

relevant to the type and level of laitially to evoluete and inspect those radioactivity in the proposed use to be applications of red osctive materials 200 200 evaluated and inspected. nia requires

• '\\r((a d fr fnis definition is sub ect to change by d

h re ina competency to evoluete various utm Cornmission e a mgulebon) d cal standpoint, for example, inspection industrialgauges, small reentch umin/stration radioective material and includes programs and diagnostic me& cal I

g.a pnuen fw usuring h fMr concentretions of re&oactive me9rie

{',8[n'e,,

,g[g,'gf, g,$',f,'

and impartial administration of in air and water, con 6tions of af.leiding, be ned pr*gressi NguleWeW. behing PmMonJw

, g,,,p;,,, dvel to deal with the public participation where appropnate.

the making of radiation meesw?ments.

y,yp,,g knowledge of radiation instruments--

their selection. uos and calibreti" ndicactin mawrial applicatims. It is should be incorporated in procedures I". Fmmulauon d ruln of geral desirable that such trainees have a laborefor sign, contaminetion bechelor's de roe or equivalent in the a

P' proc ces of radi U pro on,a d

,g rsds p ts PF ng or denying ePP ications j

l use of management controle in assuring determining the requirement fo'r fw henus M au oduhn 2 Ponen adherence to safety procedures. la order academic training ofindividuals in su of and m n&oacun matuisla, and is evaluate soroe complex cases, the the foregoing categories proper ng disciphnery actions agelnel e

State regulatory staff may need to be consideration should be given to g;c supplemented by comultants or other equivalent competency which hee been Arrogements FotDiscontinuisqr NRC State agencies with expedies in geology, gained by appropriate technical and furisdiction bydrology wstor quahty, radiobiology radiation protection experience.

cad engineering discipimes.

Itle recognised that radioactive 34.Sross AgencyDes notion.De i

l To perform the functions involved in meterials and their uses are so varied State should indicate w ich agency or l

cvaluation and inspection, it is dultable that the evaluation and inspecuom.

agencies will have authorfty for carrying i

on the program and abould provide the i

that the be personnel educated and functions wiu require aktile and NRC with a summa of thatlegal 1

tralned in the physical and/or life experience in the different disciplines authority.Dere should be assurances j

sciences. locluding biology. chemletry.

which wiU not always reside in one against duplicate refulation and physics and engineering, and that the pmon.De regulatory authority should licensing by State and local authorities.

4 personnelbeve had training and have the cornposite of such skills either and it may be desirable that there be a experience in redietion protection. For in its ernpidy or et its command.not example,the person who wiu be only for routine functions, but also for single or central reculatory authority.

25 E.xisting /VA61.icensas and resposelble for the octualperformanos emergency cases.

Pendmg Applications. In effectina the l

PS. AG.3 Septernbe@ W l

~

i

=

t*

y yy assessments abeeld include in-plaat (a) Eselegy.,

inetm,,nto#Jan radiologicalsafen aspects la (b) Environmentalefects of site as.The State rLould have avsaable escupational er teatricted areas and pe,paration and facGity osastructica os boe Seld and Moretory sovimamentalluspacts to tiens la environment and biota:

Intrume.ntation, sufficient to ensure the unrestricted areas 6am (c) Environmental effects of ou and 3

trol of materials and to (Illtis expected that the tate wGI discharp of chemicals and fuela: and M;*g*,7the$censu's mesuremente.

swiew, evoleste and pwide (d) Economic and model effects, s.The State eAll submit its list of documentation of these evaluations.

c Y9 instrumentation to the NRC for review.

Items wh!ch should be evaluated are:

(1) As a minimen, items which should Arunymenu should be made for

{

acevities:

be inspected or included during the cabbraung such equipment.

Pmpowd action; laspection of a arenlum millabould

b. Laboret type instrussentation q

activities to be conducted; adhere to the items evaluated in the h>

should be av able in a State or g.

,,g 7 ume; plant safety review. De principal ltems through a commercial service has Aioecl,.2,too,"n.*=e

""u"Millcircutt incl ding anyTdr fr$*2 "'"*"'"'

• am'e"a*%.Pon'eif;'unes mothertties, and pereoanel (b) u esenciated with natural uranium and lie qualmcations additions, deletions, or circuit chenpe:

decay chain, primardy U tas. Ra 228.

gLicensee se&ts and inspections:

c) Accidents /Incidente:

th-330, Pb 210, and Rn-222, in a verlety son safety training programs

)Part13 or equ! valent requirements of sample media such as will be g

(h) Radiaties safety program, control (e) AcIoI taken on pmvlous Andings: ' ' " " " ' "

gg (f) A mill tour to determine "hl$8@d toreducuonfrom s

g som I ence with reguletions, and license laboratory analytical facihtlas should be

,,,,,,g (j) At suisting mula review of aveilable to the licensing and inspection o

s u de 1) th n d yso o al. ate

',g (h) agg,;

ecceptabill y of qualit soeurance (QA)

Incense conditions or10 $,8,'*[.t calla

) vironmetal toring; ace rdanc n

tork pan m

c. Arrangemente should also be sodfelogica

"' I # '"YI comp eted so that a large number of l

(m) product transportauon: and m

I I* * **'IY 'f * I' "'di' (n) Site and physical decommissioning S)Tm 1

• • • ]u"na imm a es e med[eM can be procedures, other than teilings.

(1)Transp rtNo$ame-and shippin

'"'I I" ' 'I" "I *

"N" m

(o) Employee exposure data and (m)Intemel review and audit h time deelslons to be made regarding bloessay programs.

management:

b.KarunnmentalAssenment Publ health and safety.

(1)The environments! evaluat!on (n) Exit interview: and

d. Armagements should be made to should consist of a detailed and (o)nnel wrluen upon documenh participate in the Environmental documented evaluauen of the following the muhe d the inspecuon and An&ngs rrotection Agency quahty anurance (2) n dd t'lon, the inspector should program for laboratory performance.

oPogmpby; perform the following-

'I (a) Independent surveys and

' ud etqu!!$

u hditionalguidanceiscontained ud) r:

(s Ie)Seckgroun radiation:

in appropriate NRC regulatory and f) Tailings stetolon sys' tem:

Inspection gutdos. A contplode I g) Interim stabuise um. reclamatloe, inty'.on should be performed at least and $lte DecommisalonN Program:

g,kn y,croundDate Anlew RadiologicalDon Assessment; d.

Soume term (1)In addition to the reporting (2l Exposure pathway

,,jutrements required by the regulations re (3JDose commitment to individuals icense conditions, the licenses will (elDose commitment to populations submit in writing to the regulatory (5? Evaluation of radiologicallmpacts agency within 30 days after January 1 to the public to include a determination and July 1 of each year, reports of comphance with State and Fedwal specifying the quantity of each of the regulations and compartoons with principal radionuclides released to background values unmtricted areas inliquid and in t

(3)Occupationaldoes gaseous effluents during the previous six (7) Radiological impact to biota o&er months of operation.This data shad be than man nportedin a mannu that wul punit the (g) Radiological monitoring p ograma, regulatory agency to conArm the pre occupational and operational potential annual rs&stion doses to the (I) Impacts to surface and public.

groundwater, both quality and quantity (2) AD data from the re&ologloal and J Environental eHecte of eccidentei non rediological onvironmental monitoring presram will aine be (k) Evaluation of tauings manapment submitted for the some time periode and alternatives in terms of regulations.

frequency.%e data wm be sported in (2)The States an encouropd to a manner that wul allow the regulatory examine the sieed to expsad the scope esency to conform the dose to receptors.

of the assenment into other areas such as:

septemberseases Ps-AG-6

a.

STATE oF OMLAHoMA DAV ALTERS i

October 21, 1992 Ivan Selin, Ph.D., Chairman U.S. Nuclear Regulatory Commission Washington, D.C.

20555

Dear Dr. Selin:

This letter is to inform you that I have directed the Oklahoma State Department of Health's Radiation Protection Division to complete the revision of existing regulations and other criteria necessary to enter into an agreement with the U.S.

Nuclear Regulatory Commission for the purpose of becoming an Agreement State.

The legal staff of the Department of Health is reviewing the U.S. Nuclear Regulatory Commission model Radiation Control Act to determine which, if any, current states statutes need revision.

I am requesting that the U.S. Nuclear Regulatory Commission provide the necessary technical assistance and training to our present staff.

Additionally, assistance in the form of a review of revised regulations, enabling legislation, and an overall review of oklahoma's Radiation Protection Division is requested.

I feel confident that the regulation of radioactive materials will transfer to the Oklahoma Radiation Protection Division in a timely and orderly fashion.

William H. Kemp, Director of Radiation Protection Division of the Oklahoma State Department of Health, will be the direct contact for the State of Oklahoma with the U.S. Nuclear Regulatory Commission.

rely, L_Ill<hid avl Walters Suite 212. State capitol Bulong

• C*lahoma Ctry Omlancma

• 73105

• 405/121 2342 (h omm mw

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STATE OF OHIO OFFICE OF THE GOVERNOR GEORGE V VOINOVICH COLUMBUS 43266-0601 GOVERNOR April 5,1991 Kenneth M. Carr, Chairman U.S. Nuclear Regulatory Commission Washington, D.C. 20555

Dear Mr. Carr:

The role of the U.S. Nuclear Regulatory Commission in the State of Ohio has been rather significant over the past several decades. Ohio has been blessed with a vast amount ofindustry, much of which utilizes radioactive materialin their industrial applications. In addition, academia and the health professions certainly share in the statewide usage of radioactive material.

While such usage benefits all of us, radiation safety has always been a prime concem. Because of this, I feel that the State of Ohio should play a vital role in the radiation protection of its people.

Toward that end,it is our intent to pursue the possibility of an agreement with the U.S. Nuclear Regulatory Commission for transfer of authority for the control of radioactive material to the State of Ohio pursuant to Section 274b of the Atomic Energy Act of 1954, as amended.

To facilitate our inquiry into the Agreement State Program, I am requesting your assistance to the Radiological Health Program staff of the Ohio Depanment of Health in this effon. Your staff can reach the Administrator of the Radiological Health Program at (614) 644-2727 to initiate this contact.

Thank you for helping in this matter. All of us look forward to a continuing, cooperative effon to enhance radiation safety within the State of Ohio.

Si ly, e

f M*_

G V. Winovich Go 1or GVV:ce cc:

Edward G. Kilroy, M.D., Director, Ohio Depanment of Health Robert E. Owen, Administrator, Radiological Health Program A. Ben Davis, Administator, USNRC Region III Office aif W nan (nC/

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) E UNITED STATES g*/[/j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555 0001 June 7, 1994 Mr. David A. Finley, Administrator Solid and Hazardous Waste Division Department of Environmental Quality Herschler Building 122 West 25th St i

Cheyenne, WY 82002

Dear Mr. Finley:

This letter is in response to your April 29, 1994 letter, and Mr. Fransen's March 25, 1994 letter, regarding the possibility of dividing regulatory responsibility for uranium in situ mining and conventional milling and associated mill tailings disposal, between NRC and Wyoming under an Agreement.

Our Office of General Counsel has this issue under review to assess legislative and regulatory implications. We are also considering the policy implications of such a division of responsibility. NRC will require additional time to resolve this issue and I expect that we will com analyses and be in a position to respond by the end of the summer. plete our I appreciate your patience as we work toward resolution of this issue.

If you have any questions on the status of this issue, please contact me at 301-504-3340 or Dennis Sollenberger at 301-504-2819.

Sincerely, uf fwd 4 It Richard L. Bangart, Direct Office of State Programs cc: Dennis Hemmer, WYDEQ Tom Pringle, Governor's Office i

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l UNITED STATES s

j NUCLEAR REGULATORY COMMISSION t

WASHINGTON, D.C. 2066H001 November 2, 1994 l

~

Mr. David A. Finley, Administrator Solid And Hazardous Waste Division Department of Environmental Quality Herschler Building 122 West 25th Street Cheyenne, WY 82002

Dear Mr. Finley:

This letter is to follow up on our June 7, 1994 letter.

Under Section 274 of the Atomic Energy Act, as amended (AEA), the Nuclear Regulatory Commission (NRC) has authority to enter into a limited agreement with a State niely for the regulation of in situ uranium recovery facilities.

We would need to evaluate whether such a limited program would be consistent with the Subsection 274a(3) of the AEA which identifies one of the purposes of Section 274 as promoting "... an orderly pattern between the Commission and the State governments with respect to the development and use and regulation of byproduct, source, and special nuclear materials." Since this is the first i

inquiry for such a limited agreement, we would need to perform additional evaluations on the impact of such a limited agreement on providing an orderly uranium recovery regulatory program.

The Office of State Programs will pursue this further if the State of Wyoming wishes to pursue the issue.

Some of the specific areas that will need to be addressed are:

l (1) the State statutory authority needed, (2) the regulations required, (3) the staffing level and staff training requirements for such a limited agreement, and (4) the program organization to implement such an agreement.

Before the NRC proceeds with the more detailed evaluation of a limited agreement for in situ uranium recovery, we request that the State of Wyoming provide the NRC additional clarification on whether the State desires to pursue this issue further.

Such a proposal would be unique and the NRC staff s

would need to identify the minimum program requirements for such a State regulatory prcgram.

Such an effort would not be a useful exercise unless a State was serious about pursuing such an agreement.

If you have any questions on this letter or the Agreement State Program, please contact me at 301-504-3440 or Dennis Sollenberger at 301-504-2819.

Sincerely, kg; ha Richard L. Bangart, Dire tor Office of State Programs' cc:

Dennis Hemmer, WYDEQ Julie Hamilton, Governor's Office h[