ML20141G739
| ML20141G739 | |
| Person / Time | |
|---|---|
| Issue date: | 05/09/1997 |
| From: | Lohaus P NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Stone C MINNESOTA, STATE OF |
| References | |
| NUDOCS 9705220477 | |
| Download: ML20141G739 (6) | |
Text
,
- rk' n arou 7g UNITED STATES g
j NUCLEAR REGULATORY COMMISSION 2
WASHINGTON, D.C. mi O
May 9, 1997 Mr. Craig A. Stone Minnesota Department of Health
. Environmental Health Division 121 East Seventh Place, Suite 220 P.O. Box 64975 St. Paul, MN 55164-0975
Dear Mr. Stone:
la response to your earlier request for background information on Agreement State status, I have enclosed background information on the Agreement State Program. The information consists of:
1.
General Overview of an Agreement State Program 2.
U.S. Nuclear Regulatory Commission Management Directive 5.6 (IMPEP) 3.
Radiation Control Act, excerpt from " Suggested State Legislation" Volume 42,1983 4.
Letters of intent from Ohio and Oklahoma 5.
Atomic Energy Act as amended Section 274 " Cooperation With States" 6.
Criteria for Guidance of States and NRC in Discontinuance of NRC Regulatory Authority and Assumption Thereof by States Through Agreement,46 FR 7540, January 23,1981 (amended 7/1.6/81 and 7/21/83) 7.
State of Minnesota 10 CFR 171 annual fee report and 10 CFR 170 new license application and amendment fee report for FY 1996 8.
All Agreement States letter (SP-97-021) l.ist of Training Courses for the Remainder of Fiscal Year 1997 9.
U19/97.1kenrandum from John C. Hoyle, Secretary, NRC 10.'
SECY-9% 36. Pequest for Seed Money for State Seeking 274b Agreement '
I The following information is provided in response to your specific questions:
2200N Er 6 4 3 gg gg gENTE74 ESM 3 e_ y g -/ /
9705220477 970509 7
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Craig A. Stone
-2
- AY - 9 1997
-1 (1)
What is the typical timeframe for achieving Agreement State status? Minnesota has no enabling legislation, and could now not enact any before March / April 1998.
j i
The time to achieve Agreement State status varies, but typically ranges from about 1-2 years from the point the State has a complete draft program description, statutes, and regulations. See page 8 of the Genera / Overview of an Agreement State Program (Enclosure 1) for more details.
(2)
I understand it is NRC policy that no financial assistance is given States seeking Agreement State status, but that technical assistance and training are provided -
which I presume meant help drafting regulations (Minnesota has an extensive and detailed Administrative Procedures Act that allows ample opportunity for public input) and training existing staff in preparation for the assumption of authority. Do you have any specific estimates of the amount of staff time NRC puts to those efforts and do you think it would be fair for me to assign your $202,000!yr to those hours in calculating benefits?
NRC does not directly help States in drafting regulations, yet NRC will provide copies of all pertinent NRC regulations to the State. Certain State regulations are required to be compatible with NRC regulations. The NRC Regional State Agreements Officer and staff from the Office of State Programs are available for informal discussions and to answer questions as a State drafts its regulations. NRC
+
requests formal review of State regulations when published in draft for public comment and when published as proposed final or final rules.
In preparation for the assumption of authority, NRC conducts classes that are provided without charge on a space available basis to staff of both Agreement States, and those States that have submitted a letter of intent to become an Agreement State and are working towards signing an agreement. NRC will not, however, pay the travel expenses for attendees. See the All Agreement States Letter SP 97-021, and the March 19,1997 Memorandum from John C. Hoyle, d
Secretary, NRC (Enclosures 8 & 9) for more details.
(3)
Do you have the total amount of NRC budget that comes from Minnesota licensees?
That is materials program, not our reactors, in other words, how much in total are our general and specific licensees paying per year to the NRC? Your staff has already provided me with a list of licensees. Can you also tell me what they individually pay? Is the license fee separate from inspection?
See enclosed listing of NRC annual license fees, and fees for fiscal year 1996 (Enclosure 7). The NRC has a number of fees imposed as necessary including application, license, amendment, renewal, and inspection fees. See 10 CFR 170 and 171 for specific information concerning fees.
)
1 i
Craig A. Stone MAY - 9 1997 (4)
Does the NRC recommend a particular staffing level to run the program? Either in total or inspection. In looking at the entire Agreement State number, it looked to me like approximately one staff per 35 licensees - but that seems high to me.
Although there is en current quantitative guideline in this area, NRC has, in the past, used a guideline inaicator of 1.0 to 1.5 FTE (full time equivalent staff) per 100 licenses in reviewing existing Agreement State programs. For programs regulating complex licensees, additional staff resources as well as special technical disciplines (e.g. hydrology) may also be required.
(5)
The NRC proposed policy statement talks about phased implementation of new agreements. Does that apply to Massachusetts? Does it apply by category of license? I guess I am a little unclear exactly how that would work in a State without mining or a low-level radioactive waste site.
A policy on phased implementation was proposed but has not been adopted. The Commission is currently reviewing this issue for a final policy decision. Phasing was not used for the Massachusetts Agreement.
(6)
Timing question. Are staff expected to be hired and on board at time of assumption or can they merely be budgeted for? Also, do all regulations need to be adopted before assumption or can they be contingent on approval of the agreement? (This may be a Minnesota specific issue given our Administrative Procedures Act.)
A full complement of trained and qualified staff is expected to be "on board" and all regulations need to be adopted at the time the agreement is signed.
(7)
In reading your rebaselining meeting minutes it looks like travel costs for Agreement State staff might not be paid for by NRC in the future. Is that still being discussed?
The NRC staff has been directed by the Commission to develop criteria for evaluation of Agreement State training, travel, and technical assistance funding on a State by State basis. The State must demonstrate that funds are not available or j
cannot be used for these purposes. The criteria are to be sent to the Comrnission by mid summer with Commission action prior to the NRC fiscal year 1998 (10/1/97).
Except in limited cases, travel costs for Agreement State staff are not paid for by the NRC. Invitational travel specifically for the benefit of the NRC such as Agreement State staff participating in reviews of Agreement States or NRC Regional Office programs is paid for by the NRC. See SECY-94-088 Request for Seed Money for State Seeking 274b Agreement (Enclosure 10) for information on NRC's policy in providing funding to States preparing for the assumption of an Agreement State program.
l
Craig A. Stone.
4 MAY - 9 1997 (8)-
.What are the tort liability limits for the NRC's materials program? Does Price / Anderson apply? lf a State assumes jurisdiction I would think the' State's tort liability laws would apply, and at some point the attorneys in the legislature might want to know if anyone injured because of an act or omission by a State employee j
stands to recover less from the State than they would from the NRC. Minnesota's limit is generally $200,000 per person and $600,000 total from claims arising out of a single occurrence. Or is the NRC totally immune?
I NRC has not applied the Price-Anderson requirements to " materials" licensees.
Similarly, NRC has not required Agreement States to implement any aspect of the Price-Anderson system for Agreement State licenses. Thus, the State's tort law normally applicable to acts or omissions by State employees would apply.
Once you have had a chance to review this information, please let me know if you have.
any other questions, or if you wish to discuss the criteria or process for entering into an Agreement. I can be reached at 301/415-2326 or on e-mail at PHL@NRC. GOV. You may also contact James Lynch, the Regional State Agreements Officer for Region Ill, at 630/829 9818 or on e-mail at JLL2@NRC. GOV.
Sincerely, s
YI h4 ypi Paul H. Lohaus, Deputy Director Office of State Programs
Enclosures:
As stated I
?
MAY - 9 1997 Craig A. Stone 4
(8)
What are the tort liability limits for the NRC's materials program? Does Price / Anderson apply? If a State assumes jurisdiction I would think the State's tort liability laws would apply, and at some point the attorneys in the legislature might want to know if anyone injured because of an act or omission by a State employee stands to recover less from the State than they would from the NRC. Minnesota's limit is generally $200,000 per person and $600,000 total from claims arising out of a single occurrence. Or is the NRC totally immune?
NRC has not applied the Price-Anderson requirements to " materials" licensees.
Similarly, NRC has not required Agreement States to implement any aspect of the Price-Anderson system for Agreement State licenses. Thus, the State's tort law normally applicable to acts or omissions by State employees would apply.
Once you have had a chance to review this information, please let me know if you have any other questions, or if you wish to discuss the criteria or process for entering into an Agreement. I can be reached at 301/415-2326 or on e-mail at PHL@NRC. GOV. You may also contact James Lynch, the Regional State Agreements Officer for Region Ill, at 630/829-9818 or on e-mail at JLL2@NRC. GOV.
Sincerely, F
OstfrWW BT-PAULH.LOHAUS Paul H. Lohaus, Deputy Director i
Office of State Programs
Enclosures:
As stated Distribution:
DIR RF DCD (SPO7)
SDroggitis PDR (YESf)
JLynch, Rlli Minnesota State File DOCUMENT NAME: G:\\LJR\\MINN. DOC, G:\\LJR\\ OVERVIEW.PHL
- See previous concurrence.
AY1 py witnout rt.cnm.nt/.ncio.or.3 ta,...w.. co,v.: is. docum.nt. indic.t. in in. bo.:
e - copy witn tt.cnm.nt/.nclosur.
"N* = No copy OFFICE OSP l
Cp:J37}g OSP:D/;,7 l -
l NAME LJRakovan:gd PHLohaust"I
RLBangartNb DATE 04/25/97*
04/25/97*
05/g/97 OSP FILE CODE: SP-NA-11
Craig A. Stone Once you have had a chance to review this information, please let me know if you have j
- any other questions, or if you wish to discuss the criteria or process for entering into an Agreement. I can be reached at 301/415-2326 or on e-mail at PHL@nrc. gov.
Sincerely, Paul H. Lohaus, Deputy Director Office of Slate Programs
Enclosures:
As stated
\\
Distribution:
DIR RF DCD (SP07)
SDroggitis PDR (Y -Sf)
Minnesota State File DOCUMENT NAME: G:\\LJR\\MINN. DOC, G:\\ R\\0VERVIEW.PHL Ts receive a copy of th6s document. Indicate in the boa: "C" - Copy, without attachment / enclosure "E" = Copy with attachment / enclosure "N' = No copy OFFICE OSP4 OSP:DQ l
OSP:D NAME LJRakovantdd~
PHLohaus/g,%,,
RLBangart DATE 04tt/j/97 04/y /97 44-04/ /97 OSP FILE CODE: SP-NA-11 i
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GENERAL OVERVIEW OF AN AGREEMENT STATE PROGRAM U.S. NUCLEAR REGULATORY COMMISSION OFFICE OF STATE PROGRAMS COMPLETED FOR THE STATE OF 7
1 MINNESOTA APRIL,1997 4
OUTLINE l.
Background
11.
Division of Authority 111.
Details on Becoming an Agreement State IV.
Activities Prior Signing Agreement V.
Timeline For Processing an Ag.nment VI.
Post Agreement Program ENCLOSURE 1
l.
BACKGROUND l
SECTION 274 OF THE ATOMIC ENERGY ACT l
Enacted in 1959 Initiative From States to Regulate Atomic Energy
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Recognizes Interests of States Establishes Cooperative Program Provides a Mechanism for Transfer of Certain NRC Authority Provides for Coordination in Development of Standards Reserves Certain Areas for NRC to Regulate l
Modified in 1978 to Direct NRC to Periodically Review Agreement State 6
l Programs DeConcini Amendment in 1980 Authorizes NRC to Suspend All or Part of an Agreement in an Emergency AGREEMENT STATE STATUS - FACTORS FOR CONSIDERATION Fulfills Intent of Section 274 State Radiation Control Agencies Regulate All Radiation Sources l
Regulatory Agency is Closer to Licensees and Can Gene ally Be More Responsive to Licensees Enhances Core of Knowledgeable Persons at State Level Single Regulatory Agency for Most Users States Must Fund Program Administration i
Some Licensees May Still Be Subject to More Than One Regulatory j
Agency Requires Coordination Between NRC and States
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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 NRC Training, Travel, and Technical Assistance to Be Provided Under Reimbursable Agreements With States. Space Available, No-coot 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 i
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DMSION OF AUTHORITY l
i STATE AUTHORITY: CATEGORIES OF AGREEMENT Standard Aareement l
Authority to Regulate:
Byproduct materials as defined in Section 11e(1) of the Atomic Energy Act (Material Yielded in or Made Radioactive Through the Process of Producing or Utilizing Special Nuclear Material)
Source material Special nuclear material in quantities less than critical mass State regulates all categories of licensees except uranium mills and 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 (tallings 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 a
Authority to regulate all of the categories above AREAS OF AUTHORITY RESERVED TO NRC 3
l f
10 CFR Part 150 -Implementing Regulations NRC Retains Authority Over a
Federal agencies Production and utilization facilities j
Exports and imports Disposal in the ocean High level waste handling and disposal Transfer of materials to persons exempt from i
licensing (consumer products) l Large quantities of special nuclear material Off-shore waters Certain aspects of mill tallings management l
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3
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DETAILS ON BECOMING AN AGREEMENT STATE l
OVERVIEW OF PROCESS TO BECOME AN AGREEMENT STATE (FUTURE REVISIONS LIKELY)
Letter of Intent From Govemor I
OSP Project Manager Assigned State /NRC Negotiations Leading to Development of Draft Request Govemor 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 j
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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
- 4 Comprehensive Radiation Protection Standards Licensing Program Inspection and Enforcement Program Adequate Number of Trained Personnel l
Provisions for Fair and impartial Administration Arrangement for Discontinuing NRC Jurisdiction Additional Criteria for States Regulating Uranium or Thorium Mill Tailings i
Additional Cc3Mria for Limited Agreement for Low-Level Waste
- 1981/1983 Policy Statement: Criteria for Guidance of States and NRC in Discontinuance of NRC Regulatory Authority and Assumption Thereof by States Through Agreement
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ACTIONS NRC MUST TAKE FOR STATE TO BECOME AGREEMENT STATE j
4 Find the State Program Compatible Find the State Program Adequate to Protect Public Health and Safety Prepare Staff Assessment Based on 1981 and 1983 Policy Statement Publish the Staff's Assessn, ant in the Federal Reaister for 4 Consecutive Weeks Arrange for Orderly, Phased Discontinuance of NRC Jurisdiction 5
4 4
e 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 Designates the Location of the Program (Agency) and Defines Authority
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I Does Not Authorize Regulation in Areas Reserved to Federal Government Contains Declaration on Policy, Purpose, Technical Terms, Organization, l
Responsibilities and Administration, Etc.
4 I
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):
i 1.
Part 19, " Notices, instructions and Reports to Workers; Inspection j
and investigations;"
j 2.
Part 20, " Standards for Protection Against Radiation;"
l 3.
Part 30," Rules of General Applicability to Domestic Licensing of Byproduct Material;"
4.
Part 31, " General Domestic Licenses for Byproduct Material;"
i 5.
Part 32, " Specific Domestic Licenses to Manufacture or Trasfer Certain items Containing Byproduct;"
l 6.
Part 33," Specific Domestic Licenses of Broad Scope for Byproduct Material;"
7.
Part 34, " Licenses for Radiography and Radiation Safety
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Requirements for Radiographic Operations;"
5
8.
_Part 35, " Medical Use of Byproduct Material;"
l 9.
Part 36, " Licensing and Radiation Safety Requirements for l
Irradiators;"
l 10.
Part 39, " Licenses and Radiation Safety Requirements for Well Logging;"
11.
Part 40," Domestic Licensing of Source Material;"
12.
Part 70, " Domestic Licensing of Special Nuclear Material;"
13.
Part 71," Packaging and Transportation of Radioactive Material;"
14.
Certain Portions of Part 150," Exemptions and Continued Authority in Agreement States and in Offshore Waters under Section 274."
For LLW Authority:
15.
Part 61, " Licensing Requirements for Land Disposal of Radioactive Waste," and i
For Uranium Authority:
16.
Part 40," Domestic Licensing of Source Material;" Appendix A.
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;"
3.
Part 61, " Licensing Requirements for Land Disposal of Radioactive i
Waste,"
4.
Part 71," Packaging and Transportation of Radioactive Material;"
l 5.
Certain Portions of Part 150," Exemptions and Continued Authority i
in AgN ? ment States and in Offshore Waters Under Section 274."
4 For Limited Agreement for Uranium Recovery Licensing:
1.
Part 19, "Noticea, Instructions and Reports to Workers; inspection and invostigations;"
2.
Part 20," Standards for Protection Against Radiation;"
j
]
3.
Part 40," Domestic Licensing of Source Material;" Appendix A.
l 4.
Part 71, " Packaging and Transportation of Radioactive Material "
5.
Certain portions of Part 150," Exemptions and Continued Authority In Agreement States and in Offshore Waters under Section 274."
I Review of State Radiation Control Program Narrative Description Policies, Practicos and Procedures for Administration, Licensing, inspection, and l
Enforcement Investigative Aspects of Program Personnel Resources and Qualifications, Organization, Survey and Laboratory Instrumentation, Forms, Guidance, and Operating Procedures i
6
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I 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 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 l
Radiition control regulations POST SUBMITTAL ACTIVITIES Acknowledgment Letter to Governor a
Office Review / Concurrence on Draft Federal Reaister Notice Containing NRC Assessment of State Program Send Draft Federal Pgaister Notice to Commission for Approval and a
Publication for Once n Week for Four Consecutive Weeks Prepare Commission Action Paper With Any Public Comments a
Considered and With Appropriate Draft Public Notifications Agreement Signing a
l 1
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i V.
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.)
i Post-Submittal Staff Review: 5 - 7 months l
Formal review (4 - 5 montha}. preparation of staff assessment, and l
publication for comment Analysis of public comments, final staff assessment, and (1 - 2 months) Commission approval l
I Signing Ceremony
{
l 1 month after Commission approval Effective Date 1 month after signature
{
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VI. POST AGREEMENT PROGRAM EXCHANGE OF INFORMATION i
Reports of Unusual Events and Abnormal Occurrences in Agreement States Copies of Sealed Source and Device Evaluation, GL Licenses and "E" j
Licenses Exchanged Review of Draft and Final Regulations Annual Organization of Agreement States All Agreement States Meeting Other Workshops / Meetings 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 practice Interpretations 8
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Direct Licensing or Inspection Assistance Inspection License application evaluation j
Special evaluations and studies Beginning in FY-97, provided under reimbursable agreements NRC Office Roles - Regions, SP, NMSS, OGC, AEOD i
TRAINING PROGRAM NRC Core Courses l
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Applied Health Physics (5 weeks)
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Health Physics Technology (2 weeks)
Inspection Procedures ( 2 weeks in 1997)
Root Causelincident investigation Licensing Practices and Procedures l
Diagnostic and Therapeutic Nuclear Medicine
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Teletherapy and Brachytherapy Industrial Radiography Transportation of Radioactive Materials Other Courses Safety Aspects of Well Logging Irradiator Technology Environmental Monitoring i
Health Physics Engineering i
)
REVIEWS OF STATE PROGRAMS UNDER SECTION 274j 1
I Integrated Materials Performance Evaluation Program (IMPEP)
Routine On Site Review Frequency May be Up to Four Years Based on j
Program Performance Rev!ee Scaled to the Size of the Agreement State Program Five Ocmmon Performance mdicators Othe: Non-Common Performance Indicators Reviews Conducted by Team of NRC Offices (OSP, NMSS, Regional) and i
a Agreement State Staff Management Review Board (MRB)
Annual One-Day NRCIAgreement State Meeting in Years Between IMPEP Reviews i
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.,2 ENCLOSURE 3 o
Radistica Cectrol Ad This deall act is a complete updating of the 1961 Smagemed$nne Legdsismiair act.
h now covers both iomring ased nomeonissas radiation. Procedaral requerements for pubhc panicipation in hcensing of source usaterial processens and related sniR taihng -.-..:, environsnental impact analyus and jushciel review have been added in order to conform so the federal Uraniusu Mdl Tadings Radiasion Control Act of 1973. Aufloorization is provided for the siegotiation of regional,intersease compacts for low-level rant==rtive wage disposal, time acgesisision of land for dnposal sites and the estabinheng of a low-level waste deposal service. Usee fees are also authorized.
The legulation also requires that Ecensees peevide rensacial sessety to guarantee closure, decennessioning, reclammion and long-term care funds to cover comedial services after licenses terneinase. FinaRy the draft inw gives the semes authorhy to assess and conces civil monetary penahies for vioimions oflicensing or registration requiresacnts.
Many parts of slee act are presented in brackets, Indicasing options for biR drafters. There are also several comements offered en specific parts f the law.
3 The draft legalation was submitted by the U.S. Nuclear Regula ey Comunis-sion.
Suggeseed IAsbimelen j
(Tide, enacting casuse, etc.)
I Section I. [Short Tak.] This act user be cised as the Itad=sion Control 2 Act.
I I
Section 2. IDretsnwien of Ptdiry.] It is the policy of the see in for.
2 therance of its 4_ ry to protect the loccupational andi public health 3 and safety and the esmrosenent:
4 (1) To institute and snaintain a segulasory programs for sources of ionir-t 5 Ing and monionienes radiatiose so as to provide for compatibility and I
6 equivalency with the standards and segulasory progranes of the federal 7 governaient la single.] len integrated.) effective system of segelseion within a the state, and a system consonant imofar as possible with those of coher ;
9 stases.
10 (2) To Institute and snaintain a prograse to permit M.
...; and sne,
11 of sources of radiation for peaceful purposes conssteset with she heahh and l
12 safety of the public.
13 (3) To provide for the availabilit y of capaciay eitiier wiehin or oestside the 14 seate for the disposal of low-level radioactive waste generased whhin the seate 27
^
Suggemed Some Legidation ItadiationComerol.
15 encept for wasee generated as a resuk of defeme or federal research and 27 sequent extraction cycles, or equivalent. in a facility for reprocesses Ir.
16 M,
M activisies and so recognize ihm such radioactive wasse can be 23 radiated reactor fuel.
17 snow safety and efficienely --J on a regional basis.
29 (iii) Schds into wiesch such liquid wasses how been commted.
30 (7) " General hceme" necans a bcense effective under regulations pro-I Section 3. (Phrpose.] h is the purpose of this act to provide:
31 mulgated by the lagencyj without the filing of an appbctiose with the lagencyl 2
(I) A prograne of effective regulation of sources of radiation for the pro-32 or the issua7ece of hcenssag docusucats to particular persons so eransfa, ac.
i 3 tation of the loccupmeional andl pubbe heakh and safety.
33 quire, own, possess or use quantities of, or deveces or equipment uti%
4 (2) A program to praessote an orderly regulatory pasecen wishin she state.
34 radeactive maecrial.
5 asnong the mascs and hetween the federal government and the state and 35 (R) " Specific heense" sneans a license, inmed to a W penon upon 6 facibease k:e -v u ;alcouperation with respect to use and regulation of 36 application feied under the regulations y _ _ _( d under this act manufacture, produce. transfer, recesve, acquere. or possess s
7 sources of radiation eo the end that duplication of regulation may be 37 es of, or a mimanaal.
t 33 devices or equipment utilizing. Mive material, 9
- 0) A prograno lo emablish procedures for assumption and performance 39 (9) "t_ow-level radioam c wasse" neeses radianctive weste not clasified le of cae regulatory sesnonubilities with respect to byproduct, sontce and 40 as high-level QMive
. transuranic waseq.
nuclear fuel or Il special souclear s: *. vials ased radiation generasing equipment.
Al(byproduct maserial.? GD
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12 (4) A prograne to pernut use of sources of sadiation consistent with the 42 (10) " Person" necans any corpo.Wien. partnashp. finn.
13 heshh and safety of the pubhc.
43 association trust, estase. public or private institutioa. group, agency of this t
44 stase ether than lagencyl. political subdivision of this :tsee, any osher sesee or l
3 Section 4. [Drf6stioses.l As used in this act:
45 political subdmsma or agency sawf. and any W succesw. p 2
(1) "Dyproduct messerial" means:
46 tative, agent, or agency of the foregoeng. but not includes federal soms-3 (i) Any rarhoactive nesserial(eacept special nuclear maecrial) yielded in 47
"'"g' 88'"'Ii t) "Radiasion" nuesna ionizing radiation and ma 4
or sunde radeactive by caposesre to the radiation incident to the process of 4g.
5 producing or utihrens special nuclear nesserial. and 49 (12) "lonizing radiation" means gamma rays and X-rays; alpha and beta 6
(ii) The tas" mss or wastes prodesced by the entraction or concer.eration 30 particles, high-speed electrons, neuhons. procons, and oser dar par-7 of uransmen or sloonusa frons any are %d primardy for its source
$1 ticles; but not sound or radio waves, or wasble. saftared or ehravioic. light.
a seamenial content.
52 (13) "Nonsonizing radiation" sneens:
i (2) " Civil penahy" sneans any snonetary pensky levied on a hcensee or 53 (i) Any electromagnetic radiation. other then ionizing elec-9 1
10 registrant because of vielmeions of statutes, regulations, heenses or registra.
54 tromagnetic radiation.
11 sion certificates, but does not include criminal penahics.
55 (ii) Any sonec, uhrssonic or infrasonic waw.
l 12 (3) "cknure" or "She eknure means an anivities perfonned m a wane 56 (14) "Radesion generwing s 1
- " means any nesmh
- sund t
13 disposal sise, such as stabilitatiose and contouring. to assure that the site is in i
57 product or device, or component part of such a proded or devste.,w any 14 a semble cosedition so that only minor caseodial care, surve: Nance and Sa machene or syssem which denng opumion can genaste w eek radidson m j
j 15 monitoring are necessary at the site foNowing ternunasiose of licensed opera.
59 cept those which emit radiation only frosa redsoanive malaial.
56 eien.
60 (15) "Radmactive smoterial" means nesterial (solid. liquid or gas) which 17
' (4)"Ik
'." necans final opermional activities at a facilisy to l
61 emits sonizing radiation spentaneoudy. It includes accelerator p %.
la gdommentle she structures, to decontamanaec siec surfaces and remaming serue. 62 byproduct. naturally occurnas. source and special nuclear semaisis.
10 tures, so seabdire and coseemin residual radeoactive maserial and so carry out 63 (16) " Registration" snesses regiserselon wkh time agency in accordance j
20 any other activities so prepare the sise for postoperational care.
64 with rules and regulations adopted pursuant to this act.
21 (5) "Duposal of low-level radeoective wasse" esecans the isolation of such 65 (17) " Source maecrial" sneans manann or monum, or any WM i
22 waste from the R. " :.e by eenplacement in a land burial facility.
66 thereof in any physical or chenucal form; or ons which contain by @
l 23 (6) "llish-level radiocesive wasse" necans:
67 ene-twentieth of one percent (0.05 percene) or snore of wanene, tienum, w i
24 (i) Irradiated reactor fuel.
6R any combination thereof. Source material does not include special nuclear 25 (ie) Liquid wastes resuhing from the operation of the first cycle solvent 69 material.
26 entraction system, or equivalent, and the concentraced wasecs from sub-10 (Is) " Source sneserial rniN lashngs" sneans the Isilings or wastes pro-2g 29 L
71 duced by the estraction or concentraiose of israniene or thoriens front any 19 wh use d souten d radiasion.
72 ose pecessed punardy for its source nesserial content, including discrete sur.
O GI progranu weh due sesord fenompatibihty with fednal po-73 face masses resching froen -- ?.,_ f sehseion entraction processes but not 21 grann Im regulaten d '.n- " J, soune and stucut nuclear M 74 M ", _ ?. -- f ore bodecs depleted by such sohstion estraction pro-22 (3) Develop prograsas with due regard for consessency with federal pro-93,,,,,,,
23 grams for regulation of radiation generating etysopnernt.
76 (19) " Source messerial saiEng" means any processing of cre, flincluding]
24 (4) Forneulase, adopt,, ;-- ".-.. and repeal codes, rules and regels-77 E- ' f :
t, ns, which may provide for licensing and/m weiseration, nhising to eneral
- f,_ f solution entraction of unnnned orel, primarily Ior 25 e
the penph of emeracting or concentrating erasuunt or thormm therefront 73 26 d sources d radiation with due waard fa composibility with the ugulatory 79 and whrh results in the productiosi of source maserial sniN tadings.
27 pnigrams d the fedual gowrneerg.
c.
se-Tar sst. commese, poseed pen er seus twenen an nearsees menine she inesswe= er es.
28 (5) Issue such adas oc moMicadens thend as may be necuary in
- aimmis e,memen. The U.s. pe cicer mes ins y c ed es. ehm = n.
29 es
.t m
connection with.K,w?_.,,. under t.his act.
i ence ed rene gerussesetconceseder h ehe i.ne=s et rede.. so-d ses.a 30 This power is intended for use in conjonction with any licensing authority.
30 (20) "Soestres of radiation" nicans, coNectively, radioactive material and 31 [The act or acts proveding ahis amehoriey should be cised.'
Si radiation generating eigeipenent.
32 (6) Advise consoll, and cooperate with other agencies of the state, the 32 (21) "Special nuclear naascrial" necans pistonium, eransom 233, and 33 federal goveransent, other males and intermase agencies, political subdivi- {
g3 uranluni ennched in the isotope 233 or in the isosope 233, bet does not in-34 sions, and other organerations concerned wish control of sources of radia-34 clude source senserial; or any material artificiaRy enricheaf by any of the 35 tion.
85 i.m _ but does not include source nesterial.
36 (7) Itave slee authority to accept and administer loans, grants or other 86 (22) " Spent nuclear feel" means irradiated nuclear feel that has 37 funds or sins, conditional or seherwise, in furtherance of its inactions, fress 37 c at least one year's decay since being used as a source of energy in a 38 the federal goversneens and froen other sources, pubine or pr. vase.
[
es power reactor. Spent feel includes the special nuclear snaterial, byproduct 39 (8) Encourage, participate in, or comhset medies, inveseissions, train-l 39 messerial, source sneserial and other radioactive material associated with fuel 40 ing, research and dessionstrations relating so cpatrol of sources of redission.
90 asseinblees.
41 (9) Collect and dessenunate infonsension s. lating to comers I of soisrces of I
98 (23) " Transuranic wasse" sneens r=Eametive wane containing alpha 42 radiasion, includens:
92 einitting transuranic elesments, with r=haartive half-lives greater than five 43 (i) Masasenance of a file of e5 Ecense application, hsmances, denials, years, in escens off@ _ _--L per gram.
93 44 I
aneendments, transfers, u
- i. noodifications, suspe====s and revoca.
45 tions.
I Section 5. [3nsee Redsmisa Coemrof Agency.I 46 2
(a) [The departueent of is hereby densnoted as the State Radiation (ii) Maineenance of a file of registrants possessing sources of radiation Control Agency, heninaher aferred to as the agency.] [There is hereby respuring registration under the provassons of this act and any admennerasive 47 3
48 or jesdscoal action pertaining thereto.
4 created a State Radiation Control Agency, hereinafter referred to as the 1
49 agency. The agency shall be an organizational component of the seate depart-(iii) Maintenance of a file of aR of the agency's rules and regulations 3
6 enent of
.I [There is hereby creased an independent State Radiation Con-retMing to regelmion of sourcu of radidion, pesidsag w pensulamed, anal 30 31 i,._ f1 -
7 trol Agency, leereinener referred to as the agesecy.1 c,,,,,,,,,, y; thereon.
[
8 (b) [The head of the state departueemt of
] shaR designate flee director g,, g,,gg %,,
9 of time agesecy, herrenaher refernd to as the director, who shall perform the
,,,,,,,,,,.sieks ser enemi ese w ee e er sinese w the mese eier sessis se e oe eth !
c-
. re.n e.
ce,emmes...
, she se,e.at earenes inweed er se a miss r coer.
le functions vened in the agency under the provisions of this act. [If an in-duneser.
e l 12 dependent State Radiation Control Agency is crweed, the governor should l
Il i
appoint die dinctor.l 32 (e) The governor sher designate a Coordinator of Radiation Activities.
13 (c) In accordance wish the laws of the state, the agency niay employ, cone-53 The coordmator shat:
14 pensate and presenbe the powers and duties of such indeviduals as may be 54 (1) Consek with and review regulations and procedores e.f the agencies 15 necessary so carry out else provisions of this act.
33 to assure consistency and to prevent unnecessary duphcasion nconustencies l
16 (d) The agency shall for the protection of the [ occupational andi public 36 or gaps in regulatory rettoirements.
j 17 heahh and salesy land the environment l:
57
()) Review (before andl after the holding of any public hearing rettoired t
la (I) Develop programs for evaluation and control of harards associated
$8 under the provisions of this act prior to promulgation, the proposed rules 30 31 I
n
l Ragas.ioq Coneese l
39 maal regelmelons of an agencies of the s:ce relating ia one a' d controlef radia-5 Regulaecry Commission.1 or devices or egerment asikring such maseviallsl.
n 50 tion, la assure that such twies and regulasions are consissent with rules and 6 Such rzle or regulacion shall provide for amendme*, senpenison or revoco-61 regulations of other agencies of the state. Proposed rules and segulations 7 tion of bcenses.
62 shaR not be effective maail [
] days after soinnission to the coordinator,,
8 (b) The acency is authorised to require registraeion for licensinal of other 63 maless cisher she governor or the coordinator waives all or part of such l' I 9 sources of raikation.
64 day persod. The waising period should run concertently with any waiting to (c) The agency is motherised so enemipt certain sources of radiation or hinds 65 period required by any ashce state law.
11 of stes or essers from she licensing or regiseration regostements set forth in t
66 (3) When the coordmaeor deterniines that proposed twies or regulations 12 this section when the agency makes a raideng that the emessipcion of such 67 are inconsessent with rules and regulations of ooher agencies of she seate, con-13 sources of radiasion or kinds of uses or users win not conssisuse a segnificant !
6s sek with else agesicies involved in an effort to resolve such inconsissencies.
14 risk to the heahh and safety of the pubbc.
IJpon notiracasion by else coordinator that such inconsistency has not been 15 (d) Rules and regulations pronselgated under fleis act snay provide for 69 10 resolved, the governor essay feed that she proposed twies and regulations or I6 reengnision of other sease or feder.d hcenses as the agency snay deene 75 parts thereof are isiconsisteset with rules or regulations of other agencies of 17 desirable, sebject to such registratiosi requerensenes as the agesecy sinay 72 time state and nomy issac an order to that effect in which event the proposed 18 prescribe.
73 rules or regulacions or parts thereof shan not become effective. The governor 74 nesy,in the eheressive, upon a sinidar determination, direct the appropriate
[ ALTERNATE II (l.ong Form)l 73 agency or agencies to aniend or repeal emissing twies or regulations to achieve 76 consneency with the proposed rules or regulations.
I (f) The several agencies of the sense land political digi stiaR keep Section 7. [ Licensing and Regewranser ofSeewivr of #adisNan.)
77 2
the cooninessor ImHy and currently infornied as to eheir activities telating to (a) The asesicy shas provide by rule or regulation for igeneral or specific!
[
78 3 licensing of ]L,, - "_li, somere and special nuclear nessersahl l radioactive j 79 [M. - --: andi regulation of sources of radiation.
4 snaterial] leadsoactive material not under the apseleority of the U.S. Nisclear S Regulatory Conisseissaani or dewces or equipnient meilizing such sneeenal.
I Section 6. [Adnsory Comeurpe on Radiscion.]
6 Such rule or regulation shan prende for asnendaiens, sirspensson or revoca-2 (a) The finsert appropnsee ofreciell is aesthorized so appoint an Advisory 7 tion of licenses. Such rule or regulation shall provide that:
3 Comniistee on Radiasiosi consating of(
) r..c..h with traenmg and es.
8 (1) Each appbcation for a [spectrecl license shall be in wri ing and shau
{
4 penence in the various fields in whech sources of radiation are used. Members 9 sease such informseinn as the agency by rule or resulWien, sne) deternene to 3 of the committee shaE serve as the descretion of the [ insert appropriate of-10 he necessary to decide the teclesiscal and finsaial goalificacion or any other l
6 raciall and leecerse no salary for services but may be ri_ i _:wd for actmal en.
Il quahfications of the applicant as the agent may deene re sonable and 7
penses inconed in connection with attendance at comniittee snectings or for 12 necessary to protect the l occupational andl pubhc heakh and safety. The 5
authorized basissess of she conomittee.] I, when on business of t he comsnittee, 13 agency may at any sieme after the Eding of the apphcation, and ;iefere she en-9 be ensieled to receive compensation at the rate of [
dollars per diem! [in 14 piration of the license, regesire forther written sessensesses and may snake such le accordance wish
] and may be L? _2d for actmal empenses isicorred).
15 inspections as the agency essay deem necessary in order to detersnine whc.her i
II (b) The commissee, if appeented, shall make recommendations to the l cite 16 the beense should be noodirsed, senpended or revoked. AR appbcasions and 12 approprinse officiell and furnish such advice as may be requessed by the 17 statemenes shaN be signed by the applicans or licensee. The agency niay re-13 asesicy on matters retasing to the res,dation of sources of radiation.
18 quire any applications or sessements to be made under omeh or affirmation.
19 l C==ames: T esie,.msn. t., are ine we pew.wd sair r.e e dience (2) Each license shan be in such form and centsin such act is and condi.
20 tions as the agency snay by nele or regulation presenbc.
l 21
[ ALTERNATE I (Short Form))
(3) No license issued under the authority of this act and no right to 22 posse ss ce use sources of radimiosa grasised by any bcense shas be assigned or t
23 in any manner dnposed of maless the agency shan, afect securises Isli informa.
I Sect.ion 7. [Urverseng and Registration ofSourres of Redserion.]
2 24 la) The agency shaR provide by rule or regulation for [ general or specific l tion, find that the transfer is in accordance wish she provisions of this act.
licensms of Ibyproduct, source and special nuclear niaterials! [ rad. active 3
25 and shat give its consent in writing.
4 m teriall [ radioactive maecrial not under the authority of the U.S. Nuclea' 26 (4) The terms and conditions of aN heenses shall be subject to amend-27 snent, revisson, or modification by rules, regulations or orders issued in ac-32 33 i
1
Suggested state 1.cgrstations go, c, 28 cordance with the provisions of this act.
32 Regulatc7y Commission determines prior to such termination that tramfer of 29 (b) The agency is authorised t3 require regissration or licensing of other 33 125e is such land and such {materiall [ mill taling l b not necessary er 30 sources of radiation.
34 desirable o prosces the public heakh, safety or welfare or to minimite danger 38 (c) The agency is aushorised Io esempt certain sources of radiation or kinds 35 o bre or property.
32 of uses or users from the beensmg or registration requirements set forth in 36 (ii) If transfer to the state of title to such [byptmloct material] [ mill 33 his section when Ihe agency makes a Imding Ihas ahe esemption of such 37 tai!ing) and land is required, following ihe U.S. Nuclear Regulatcry Commis-34 sources of radiation or kinds of uses or users will not constitute a significant 35 sion's determination Ihat the licensee has compleed wish applicable standards 35 risk to the heakh and safety of the public.
39 and requirements under his license. assume title to such [materiall [mid tail.
36 (d) Rules and regulations promulgated under this act may provide for 40 ings) and land and maintain such {materiall [ min tailingst and lami in such 37 recognition of other state or federal licenses as the agency shall deem di manner as will protect the public heahh and safety and the environment.
38 desirable, subject to such registration requirements as the agency may 42 (iii) The agency is authorised to undertake such tuonitoring.
39 prescribe.
43 maintenance and emergency measures as are necessary to protect the pubhe 44 heahh ami safety for those materials and property for which it has assumed 1
Section 8. ISourre Meterief hocessing entf Retarerf /Byprorfurt Materioff 45 custody pursuant to this act.
2 /Mdf Te#ings/.I 46 (iv) The transfer of title to land or [ byproduct materishi { source 3
(a) Custody of disposal sites:
47 material mill tailingst to the United States or the state shall not relieve any 4
(I) Any radioactive materials license issued or renewed after ahe eIfective 48 licensee of hability for any fraudulent or negligent acts donc prior to such 5 date of this section for any activity which resuks in the production of 49 transfer.
6 lbyproduct material] [ source material mill tailings] shall contain such terms 50 (v) [ Material] [MiB tailings] and land transferred to the United States 7
and conditions as the agency determines to be necessary to assure that, prior 51 or ahe seate in accordance with this subsection shaR be transferred without 8 to termination of such license:
52 cost to the United States or the state other than administrative and legal costs 9
(i) The licensee will comply with decontamination, decommissioning.
53 incurred by the United States or the state in carryms out such transfer.
10 and reclamation standards prescribed by the agency, which shall be 54 (b) ln licensing and regulation or [ byproduct materiall ; source material miB 11 equivalent, eo ahe estent practicable, or more stringent ihan ahose ofIhe U.S.
55 tailincsl or of any activity which resuks in ihe production of [ byproduct 12 Nuclear Regulatory Commission for sites at which ores were processed 56 materiall [such tailingsl. the agency shall require compisance with apphcable 13 primarily for their source material content and at which such [ byproduct 57 standards promulgated by the agency which are equivalent, to the catent 14 material isl [miR tadings arel deposited.
58 practicable, or more stringent than, seandards adopted and enforced by the 15 (ii) Ownership of any disposal site and such [ byproduct malcriall [ mill 59 U.S. Nuclear Regulasory Commission for ahe same purpose, including re-16 tailings) which resuked from the licensed activity shall, subject to the provi-60 quirements and standards promulgated by the U.S. Environmental Protec-17 sions of this act, be transferred Io ahe United States or ahe stat e if a he siate ex-61 ion Agency.
18 eresses the option to acquire land used for the disposal of such [ byproduct l i
19 enateriali imill saiinigsl.
3 section 9. [toidewf garficartire IFaste Disposell 20 Any beense which is in elTect on the efTective date of this section and which 2
(a) The agency is authorized to enter into egotiations for a compact with 21 is subsequently terminated without renewal shall comply with subsections (i) 3 other states for the estabhshnient and oper#. ion of a regional facility for 22 and (ii) upon termination.
4 disposal of low-level radioactive waste. Any such compact, before bcing put 23 (2) The agency shall:
5 into effect. shaR be ratified by the legislatures of the several siates and con-l 24 (i) Require by rule, regulation, or order that prior to the termination 6 sented to by the Congress of the United States.
25 of any license which is issued after the effective date of this section, title to 26 the land, including any interests thercia (other than land held in trust by the n,,,,,,,, y,,,,;a,w p.,a,,, race otimaeus tici een us=Imeer and e emioaat w5ta'a-27 Umsed States for any Indian tribe or owned by an Indian tribe subject to a
.i,,hiica. ine. n cy de,s ed i. = tim 4 ions tes. tu to sad tot foe <=*dr==d era==.at===ase-28 restriction against alienation isnposed by ahe United Siates or land already mens et Iw bacs foe she dacosas of'adia**e **** Sho.ad nos k she same sce. r as deusnesed =
29 owned by the United States or by the state) which is used under such license 5c'160* 5 ** 'h' '**"=. emenA aswr. W haamas==r deusaa'ed
- a' *** 'dl *d 30 for the disposal of l byproduct material l [ source material mill tailingst sliall be 31 transferred to the Um.ted States, or the state unless the U.S. Nuclear 3 nd n
=tneuen (q is enhes the omhasen niment agrucy es ihr U.S. thlem Res y
g,,,,,,,,,,,,,
j 34 3$
6
ausgeseas asase tegnesman 7.-
g,g g,,,g,,,,,g 7
lb) The t2ste is amtleerited to accept or acquire, by gift, trapsfer or peer
- l 19 (c) Noewieleumdeng the provkinns of seeleMetion (ah fas for teght ;ines 3 chaw from anodeer goversonerne agascy or priraec persosa, sonable sites in.
l 9 ciud.ng land and apportaeances for the dnposal of low-lewt radeoactive 20 of talemion generasing apsspman aseet other sources of enlissions ased for l
30 21 kcases for rahoactive naaecriah shall not be raguned for an agencylof the weise. Sises renwed by gift or transfer are subject to approval and accep.
22 maic or my polisii al solidevemose shcreof.
Il tasoce by the lagesery oss lichaff of thel sease.
(c) laneh and appenemances which are used for the disposal of low le"I U
@ W Wy may. upon appbcWien by an lesseressed persese, or on its 12 l
13 N own inisimive. grant such encesiptioses from the rapuremeses of this se 1 ion as l
redsoortive wave eall he acquered ies fee umple absokese need used enchisively25 it determines are in the pubhe inscrest. Applications for enesupoiose useder stois kw ssech pestpose, esseless or until she regulatory arnecy having licensing 14 jurisdictiose over the see deterseusers titat sesch calusive use is not required to 13 26 paragraph niay include activities such as, best sent lineited so, slee use of licens.
l 3
16 27 ed maecriah for educational or nosecomemercial eksplays or sciesWirse icoHee-proecct the public heakh safety. welfare, or enviroennent. Ilefore secte siac is leased for other esse. eine regulasory agency Aall respeire and assare that the
[
17 29 Whesi a registrant or licesisce faik to pay the applicalate fee the agency 13 radeonetive waste hheory of slee siec be recorded in the permanent land 19 neords of the slee. AR radeoective neaterial accepted by the agency or by any 30 seiay suspend or revoke the registratices or bcense or neay isisse an appropriate j
20 agent of the agnacy for dnposal on a radsom1ive wasic dnposal site shall 31 order.
21 becenne she property of the ^ o.
22 Idl The agency is asseleoried so arrange for the availabany of a service for I
Sntion 11. ISaretr Reisuranents l t
ebsposal of low-level radeoect.ve wswe by contracs for agencyl operation of a 23 2
(a) For heensed activities involving source enmerial nuRus. soune material j
24 einposal sise acupsered esader solnection Ib) or already owned by the sease. A 3 mill tailing and desposal of low-level redeemetive wasse the agency shau. ami l
25 nuestact operaser sleet be seMect so the serety and long-term care funding 4 for other classes of licensed activity the agency may estabiali by rule or 2s prwwwens of this act and c app,op,ime licensms by the U.S. Nuclear l 5 regulation semdards ud procalues m ensum that the hansa wm pnwede 27 Regelmoory Coneenission or by the agency under see agreement under this act.
l 6 an adequase surety or other reancial arrangensent so penna the completion l
28 (c) The agency shaE not approve any appbcasion for a license so receive 7 of a5 requireneesses esenteed by the agency hk the decontamination.
29 redsoective wasse froen other persons for deposal on land sees owned by the !
[
i E closure. A -
. amt reclamation of sites, seractens ami apnyment l
3D sease or fedetal governesenet.
9 used in conjenesion with such heensed actevity, in case the hcessee should
(
10 defauk for any reasoon in perfonning such saluiumans.
(
l 8
Section to. [#adierian User (~ns.]
c nm e:r._. " insairemomedlacemartendeimarde seerserersenycommuninasshodad l
2 (a) The agency shall prescribe and coacct such fas as be cuahinhed r
I by regulasion for radiariose protectices services provided under this act. Ser.
'",,,a,*'r""' " h"",,,d '"*' ""* '""' ""s"y". c**m""" "wa's"un"m"e"n"ce*. ""' ""
3 vices for whish fees may be estabinhed neclude:
4 e.s.,ii S
(t) Registration of radiation generasing egesipment, and other sources of l
%,,,,o.,,,,,,, e,c ans,ir drome. m mp.c sac sor se new resse encarus d she b'at-soisi u.c iniewed ear isis.woim ers.
radiosiasi.
6 7
- 12) Issmance, amesedneens and renewal of licemes for radioactive 11 (b) AR sureties resysired madee subsection (a) which ase forfeised Aall be 8 enmeeriah.
12 paid to the agency for deposes by the lsease treasurcel ist a special fesad caned 9
Ol Inspectioses of ergistraews or licensees.
l 13 the tradiation site closeste and recimenation fesadl. AN noonses in ilois liend are 10 (4i rnvirosementai sestwallance activisies so aswss ehe radiohngical impac,14 hereby appropnated and niay be capended by she agascy as newssary m il l of m1ivisies conducted by licensees.
15 complete such requereneents on wheek hcemees lieve defashed. Momes m eis, 12 IM in descemini,es raecs of such fees, else agesecy diaN. as an objective, ob.
16 fined shall noe be used for normal operating enguses of time agency.
j 13 tain safreciens Innds steerefrons to reimburse she state for all or a siehstantial 14 ponion of she direct and inderect costs of the radiasion praecreion services I
C=="ree: The mase mmy man w ronmen =orm atus unidas *ie f*=d br NW *'
f 15 semireed in,nin io,s ta). The age,ecy #an ia6e ie,to mu,,e,,e,,,,,,ccia, a,.
w cc-*a - * *e t * === -r - - '"= s*r -'* *=
nents heturese the saaec and a registrant, licemec, another state or a e
arency wherchy the cou of the service is otherwise p,iniany or fulsy 17 (c) for licensed activities involvieng the disposal of source snaterial seill sail.
l la ings and disposal of low-level radioactive wasic she ase'ecy sha'. *ad for 19 other classes of licesised activiay when radioactive maecrial whiiA wm requise 36 37
(
t
)
- -- - - - - - ~ ~ ~
~
1 20 survemance or care is Etely to remain at the she r her the licensed activisies 21 want the agency sney, eseabbsh by role or regulation standads and pr>
Section 12. Ifmpreftm-l The agency or ts del aueorind reppe**
f 22 udures to essene that the kcensee, before versnination of the license. win 2 shall have the power to emer at all red does 8pon any PM W 23 snake avadable such fundmg arrangensents as may be e ecessary to provide for 3 public property for the purpose of detemaneg whohn m 24 long-tans siac servesRasece and care.
4 phance with or violation of et pro, mons d % act W t
25 (d) AE feeds collected frone beensees under subsection (c) shall be paid to 5 tions issued ahereunder. cacept tied e8Wey imo areas anda dec W o{
t 26 the agency for depout by the islase treasorcel in a special fund called the 6 Ae federal government shall be effated only wis se concorrence d a e 27 Iradiation long-term care fondl. All fonds accrued as interest on monics - 7 federal government or its dely designated upresentasive.
23 deposased in gleis fused ar e hereby appropialed ased may be empended by the,
I
?
29 agency for the contionn g long-term serveillance, maineenance and other care i 3
Section 13. [#nervis.) The agency is sueorised so wageerdM. M l
30
}
of facilities froen which such funds are collected as necessary for protcetion of 2 eion or order. the keeping of such swords with wspat to activines A 31 the pubhc health, safety ased environneent. Notwis hstanding any ot her provi-3 bcenses and registration certificases issued sender Ais act as maw newsmy 32 sions of this subsection, if title eo and ewseody of any radioactive material and 4 to effecteate time purposes of this act. These records shsE be made M 33 hs deposal site are transferred to tiec Uniecd Stases upon tevenination of any 3 for inspection by. or copes ahacer shas be MW m.
- W "
- M license for whech fonds have been collerted for such long-term care, the col-6 speg.
I 3$
letted funds and inserest accured thereon shall be eransferred to the Unised
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36 Seases.
3 Sectiosi 14. lFederef-38ase Agswesents.)
2 W The governor, on behalf of this sease, is authorind to *Wa I"to
[
ew--n Tae mese muy =ese se amendee se,,,ien and euer. dis.m r me shia rs=d se caerr l 3
s wish the U.S. Nuclear Regulatory ra===== 2 Wm eus me purposes et outserness tre and tain.4,
se we shi t d I,y h.ni,,es ri 4 274b of slee Aeoneic Energy Act of 1954, as amended. W W h-seiss.ress sad enrapnaded appeeprimord i.eesest in a suonare censusens wash weer pahey and pseum (c) The smeetles or enleer financial arrangements and funds resteired by.
5 tinuance of certsin of the pg,,4,,,,g,,,,,
l 37 6 authority with respect 80,w -_ ",* **"'" _
.,,gg,,,,,,,,,,g,,,g l
38 7 the assumption of regulosory autherley therefose'by this siste.
subsections (a) and (e) shaR be establislied in asnownes sufficiend to ensure l
39 coinplenace wish those seandards, if any, estabbshed by the U.S. Nuclear g-(b) Any person who, on the eficoise date of an agrument endN l
40 Regelseory Conumis=ia= pertaining to clomewe. A
' 1 ' ;reclamasion 9 tion (a) above, possesses a scense issued by the U.S. Nascicar R ory t
di and long-term slee survedlance and care of seech facilities and sites.
Commission for radscoctie mat"id5 M ",*
10 42 (f) In order to provide for the proper care and survessance of sites subject !
Il deemed to possess a like license issued unda mis act winch simE @ her I
43 to subsection (c) and which are not subject to Section 8 or 9. time IstateT, 12 90 days aher recesyt frosn the agency of a noeite of capiration of such lagency on behalf of the stasel may sesysere by gift or transfer froen another 44 13 or en the dele of capiration specified in he W W C
(
45 government agency or private person, any land and apportenances necessary i
14 bcense whichever is cashu.
46 to fulfiR the purposes of this section. Any such gift or transfer is subject to l 1
Sation l$. ("
i A8'W"W"'8 8"I I"E"I"I P"E"""i l
47 approval andacceptance by the Istatel lagency).
48 (g) Vee agency suoy by contract, agreensent, lease or license with any per*
2 W The agency is authorieed se enter ineo 1. sesbject to the apt roval g 49 3
son, including another state agency, provide for the decontamenation*
3 governor ) an agretsment or agreesnents wish me U.S. NN RW y closure, b -
30 seclamation, survedlance or other care of a site 4 Coennesson ender Sedion 2Mi d he Atomic Energy W W. M
~
SI subject to this section as needed to carry out the purposes of this section.3 ed. other federal sovamnent seencies as aveW W. N 8" 51 l $3 (h) les me event a person hcensed by any goveransental agency other than 6 interstate agencies, whereby his sease win pnfam on a @; e b lsesect lagencyl dessres to transfa a site to the state for the purpose of ad-7 with the comunession, other federal gewsmand W * * " in-54 snimstering or provulnes long-term care, a luenp som deposa shaR be made to 3 terstate agencies. inspatioses or other fosactions relatog a conemi d m*Kes 55 the tradiation long-serne care feudi. The amount of such depose shan be 9 of pdiaeion.
56 determined by llac agency taking isoto account the factors stated in subsec-le (b) The agency sney inseitete traisdag pmgrams W M' g gY.
t l
1 Ing personnel to cury out the provisions of this act, and snay m se;d p"
$7 tions (c) and (c) of this sectiose.
$8 (i) ( AN stsee, local, or ethet government agencies, shaR be enempt froen the 32 sonnel available tw gweicipation in any mam a NW 39 requirements of subsections (a) and (c)l, 13 governenent osher seates or intersease agencies a rahance @W@
14 of this act.
38 i
39 I
q s.
Suggemed Statelegislation kadiationControl -
{
i i
i Section 16. IConfhrWag fcws.] Ordinances resolutions or regulations.,
- 36 (e) The agency shaR prohsbie any snaior consteuction wish respect la any o
2 now os herenner in etfect of she governing body of a anonicipahey or conney 37 activisy for which an environmentalimpact analyses is reagened by subsection l
3 or of state ageneses estier than alte agencyliesl named in Section 5 relating to 38 (d) prior to cosapletion of such analyses.
4 byproduct, source and special nuclear snaecrials shaN not be superseded by 39 (f) Whessever the agency finds that an eneergency emises requiring iss.
l
$ this ace; provided, that such ordmances or regulacions are and consinine Io be ;
40 mediase action to protect the pashhc health ased safesy, the agency snay, i
6 casesneent with the proviseosis of this act, amendments ahereto and rules and i 4l withose sectice or locaring, issue a regulaciosa or order recising alie emessence of l
7 regulations themseder.
42 saech eniergency and requiring that such action be taken as is soccessary to 43 meet Ihe ensergency. Noewithseanding any prowesson of this act, such regels-44 tion or order shaR be effective
" Sy. Any persosi to whose such i
Section 17. (AdesisedWmarise Proevehne anet Josefirist Review.I 45 regulation or order is directed stiaN comply alievewish inuisediaedy, but on ap-2 (a) la any f>; for the i===nce or noodification of rules or regula-46 pl casion to the agency shan be afforded a hearing within i I days. On the 3 tions relasing to comerot of sources of radiation, the agency shall provide ma 47-basis of such hearing, the eniergency segulation or order shot be continued.
4 opportunity for pashhc participatiose through wrieten comments or a public l 45 noodified or revoked whhin 130l days after such branns.
3 hearing.
49 (g) Any f ial agency action or order enacted in any proceenEng under n
6 (b) la any psoceeding for the denial of an apphcation for license or for 50 subsections (a). (b). (c) and (f) above shaE be subsect so judmesel review by the I
7 revocasion, suspe==== or noodifiction or a license, the agency shall prowle 51 lappropnase courtl in the meanner prescribed in lcise appropriate sease act set.
(
8 to the applicant or hcensee an opportunity for a hearing on the record.
52 sing out procedure for a.ipeal.]
9 (c) la any proceedag for licenssng ores processed primarily for their source 30 enacenal content and d=pa==t of (",,
' :s senateriall isoisrce material mill I
Section 18. linjenerfdest Moreeufsses.] Wisenever, in the jedensent of the
[
11 taihassl or for licensing disposal of low-level radioactive wasse, the agency '
2 agency, any person has engaged in or is about to engage in any acts or prac-12 shnu provide:
3 tices which conssicate or win casessisuse a violatiomet any prownson of this 13 (I) An oppostenity, aber public notice, for written conoments and a 4 act, or any rule, regulation or order issued thencender. land at the recluest of 14 puidse locaring, wish a transcript.
3 the agency.] time lassorney sesseraq nany snake appheation to the tappropresse j
15 (2) An oppoetumisy for cross eammination.
6 court l for an order enjoining such acts or practices, or for an order directing 16 (3) A wrieten desenseimation of the action to be taken wisich is based 7 i:," :e and upon a shounna by the agency that such person has engaged i
17 upon fisodings included in the detennenation and upon evidence presented 8 or is about to engage in any such acts or practices, a pensionene or temporary 13 denna the pubhc conneemt penod.
9 injunction, restrasneng order, or other order niay be graneed.
19 (d) la asey proceeding for licensing cres processed priniarily for their source I
20 anaserial consent and desposal of I'-,r. _ f _ :; nesseriall isource Inaserial nuR l-I sect a M. {
Mk e
h any pemn tune, j
28 taihassi er See licensing desposal of low-level radioactive wane the agency 2 manufacture, produce, diurMuuse, set, emupat transfa, husaB. reper.
22 shaE prepose, for each licensed activity which has a significant impact on the l 3 rmsw. @, own or Innma any amuce of rhs unless M by or 23 human envirosenent, a written analyses of the impact of such licensed activny -
24 on the envirosinient. The analyses shaR be avselable to the public before the l 4 regissered with the agency in conformance with rules and regulacions, if any.
$ penulgated m accadann wkh the pnmions of dois act.
25 comniencensent of hennags hekt pursuant to siebsection (c) and shallinchede.
26 (1) An assessment of the redsological and nonradiologicalimpacts to the 2F public heakh.
I Section 20.1"
" - ] The agency shaR lieve alic authority in stie event l
2%
(2) An assessuneet ov'any impact en any waterway and groundwater.
2 of an eniergency to issapound or order the ' -.--- ' - ;ef sources otradiation f
29 (3) Cosisoderation of shernatives, including ahernative sites and 3 in the possessiosi of any person wiso is not i._. ; M to observe or fails to
}
30 engineering nocthods. to the acvieilies so be conducted.
g observe the provisions of this act or any rules or regulations issued i
4 31 (4) Consideration of the long-term impacts, incimhng decomenissionine
$ thereunder.
g l
32 deconsaniination and reclasnation of facibeies and sites associated wieli the,
t 33 licensed activitics and management of any radioactive maecrials which will re
- I Section 21. [Mies.)
i 34 main on the she after such decomenissioning, decontamination and reclama' 2
(a) Criminal penakies. Any person who Iwillfully! violates any of the provi-35 I"-
3 sions of this act or rules, regulations or orders of the agency in effect par-i l
di r
I
^ ~ ~ - ~
R 4 sumanensee. Ass usee carwiction thaeof, be p.nishal by (rme, iminison-i section 23. li,.r r.1 llowet severabaisy chose.)
3 asent, or bothl.
6 (b) CivE paeshies:
+
I Section 24. lNepeuf.] linsat repeater clause.1 7
(s) Any person asho.wisbees any liceming or registration provision of 8 this act or any rule, segaheion, or enter issued thereender, or any seem, con-t Section 25. (Egervive Dese.] finsert effective dane.]
9 dision or limisasion of any license or regissrasion rettificaec issued ahereunder.
30 ' or commeios any vinimeion for whsch a bcense or registration certificaec may be '
It revoked under rules or regulacioses issued useder this act nicy be subject to a 12 eiwil pensky, so he imposed by the agency, sees to eneced linsert approprianc 13 dotar aussene). If any viobeian is a consineeng oce, each day of such viola-34 tion shot coassiseac a separaec violosion for the purpose of composting alie ap-l 15 pheshte civil passky. The agency sinalt have the power 10 casopromise, i
- He maisigase, or sensis msch penshics.
17 (2) Whenever the agency proposes to subject a person to the isnpositiosi 18 of a civE puseby under the provisions of this sesbsection (b), it shall notify 19 such preson inn writing:
2B til Setting forth the dese, facts, and sensure of each act or omission
[
21 with which she person is clearsed.
22 (ii) specirwapy idemitying ine pesticuter prowhion se provisions of she l
23 section, rule, seguinsion, enter, license or regisstation certificase involved in l
34 IIne vioission.
i 25 (iii) Advising of cock penalty which the asesity proposes to impose j
26 and its amount.
27 Such weiseen astice sheB be seu by secheered or certified snail by the 28 agency to tie het known address of such person. The person so notified shall 29 he granted an oppostenity to sesow in writing, within sesch rearonable pened
.l 3D ' as the agency shot by eule or reguistion presenbe, why such penalty should j
35 mot be E= pas =d The motice shot abo advese such person that upon faihsre to i
j 32 pay the civis penehy subseitsense deserusined by she agency, ir any, the I
r 33 pensity susy be coteceed by civil action. Amy person upon whens a civil l
34 penehy is kupeeed may appeal such action under (Wme ad=3= arative pro-(
35 cedere act).
i 36 (3)On the sequal etshe agency, she lamme approprisse sense agency, e.g., at.
r 37 lanseyenseraq is authonard to insisuse a civa action to coBect a penat punmans to this =dus man (b). The lname appropnmee saaec agency, e.g.y imposed 38
, attorney j
39 generaq shmB have she *=ta se poner to compronuse, maisisme, or semis such civa l40 penshics as ase seferred to hien for collection.
t 4I (4) All suonies coEcceed frosi civil penahies shaR be peid to the Istate 42 treasurerj for deposit is slee general fund. neonies conceted f4om civil penahies 43 shall not be used for normal operasing empenses of the lagencyl encept as ap-44 propr'intions ase meade from the general Tend in the normal budgetary process, i
e I
Section E lAssthoriasriose ofAppropristsoses.] linsert appropriatiosi sectiosi.]
i 42 i
43 l
j STATE OF OKLAHOMA DAVgA ERS l
l I
j-October 21, 1992 t
l l
l Ivan salin, Ph.D., Chairman i
U.S. Nuclear Regulatory Commission l
-Washington, D.C.
20555
)
Dear.Dr. Selin:
1 This letter is to inform you that I have directed the Oklahoma i
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 l
is reviewing the U.S. Nuclear Regulatory Commission model Radiation control Act to determine which, if any, current states statutes need revision.
i I am requesting that the U.S. Nuclear Regulatory Commission i
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 i
overall review of Oklahoma's Radiation Protection Division is i
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 M. 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, kd v
Walters a
1 i
ENCLOSURE 4 Suite 212. State CacetW Suteing. Oklahoma CNy, Ok;ttcma. 73109
- 405/S21 2342 Amtmnrn inf 6Iw tuvc&
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STATE OF OHIO l
OFFICE OF THE GOVERNOR COLUMBUS 43266-0601
)
oconae v. vomvcs oonaa April 5,1991 i
Kenneth M. Carr, Chairman U.S. Nuclear Regulatory Commission Washington, D.C. 20555
DearMr. Carr:
i 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 material in 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 peo? e.
l Toward that end, it is our intent to pursue the possibility of an agreement with the U.S. Nue: ear Regulatory Commission for transfer of authority for the control of radioactive material to the State i
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 assi:tance to the Radiological Health Program staff of the Ohio Department of Health in this effort. 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 effort to enhance radiation safety within the State of Ohio.
G
. V. Winovich Go 1or GVV:ce i
cc:
Edward G. Kilroy, M.D., Director, Ohio Department of Health l
Robert E. Owen, Administrator, Radiological Health Program j
A. Bert Davis, Administrator, USNRC Region III Office l
~
1 i
U.S. NUCLEAR REGULATORY COMMISSION gesgyggyg>
myg DIRECTIVE #TBANS TAE i
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- f TN: DT-95-20 l
l To:
NRC Management Directives Custowians I
Subject!
Transmittal of Management Directive 5.6, "htegrated Materials Performance Evaluanon Program (BfPEP)"
Purpose:
Directive and Handbook 5.6 are being issued to establish the process by which the Office of Nuclear Material Safety and 1
Safeguards and the Offce of State Programs, with assistance from the Agreement States, conduct their periodic assessments of the NRC regions and Agreement States to determine the adequacy of the nuclear material licensing and inspection programs.
l Office of Origin:
Office of Nuclear Material Safety and Safeguards and Offee of State Programs l'
Contact:
George Deegan,415-7834 l
Date Approved:
September 12,1995 Volume:
5 Governmental Relations and Public Affairs Directive:
5.6 Integrated Materials Performance Evaluation Program (miPEP) i Availability:
U.S. Govemment Printing Office, (202) 512-2409 J
s 3
i ENCLOSURE 2 OFFICE OF ADMINISTRATION I
li. _ f Oh m 7
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Integrated Materials Performance Evaluation i
Program (IMPEP)
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i Directive i
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V:lume 5, Governmental Relati:ns cnd P.ublic Aff: irs Integrated Materi:Is Perf:rmance Ev:lusti:n Pr gr:m (IMPEP)
Directive 5.6 Contents Poli cy................................................................
1 Ob.i ect i ves...........................................................
1 Organizational Responsibilities and Delegations of Authority...........
2 j
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)............................. 2 G e n e ral Cou nse l....................................................
2 l
Director, Office for Analysis and Evaluation of Operational Data (AEOD)...
3 i
3 i
Regional Administrators...............................................
Ap plicabili ty.........................................................
3 H a n d book............................................................
3 t
Re fe ren ces...........................................................
3 l
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Approved: September 12,1995 fii
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U. S. Nuclear Regulatory Commission 1
Volume: 5 Governmental Relations and Public Affairs NMSS/OSP i
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 (5.6-02)
To establish the process by which the Office of Nuclear Material Safety and Safeguards and the Office of State Programs conduct 1
their periodic assessments to determine the adequacy of the 4
licensing and inspection programs in the NRC regions and Agreement States. (021)
To provide NRC and Agreement State management with a more i
e systematic and integrated approach to evaluate the strengths and weaknesses of their nuclear material licensing and inspection programs. (022)
To provide signi5 cant input in the regulatory decisionmaking I
e process and indicate areasin which NRC and the Agreement States should dedicate more resources or management attention. (023) 4 4
i I
1 Approved: September 12,1995
l l
V:lume 5, G:vernmental Relati:ns and Public Affairs l
Integrated Materials Perf:rmtnce Ev:lutti:n Program (IMPEP)
Directive 5.6 Organizational Responsibilities and Delegations of Authority (5.6-03)
Deputy Executive Director for Nuclear Materials Safety, Safeguards, and rations Support (DEDS)
Oversees the integrated materials performance evaluation e
program (IMPEP). (a)
Chairs management review boards. (b) e Signs final reports issued to each region and Agreement State. (c) e Director, OfTice of Nuclear Material Safety and Safeguards (NMSS) and Director, Office of State Programs (OSP)
(032) t Implement the IMPEP within NMSS and OSP. Provide staffing e
support and training for review teams. (a) i Establish a schedule and develop a detailed review regimen for i
e conducting the reviews in each region and Agreement State. (b)
Monitor the IMPEP process; evaluate and develop IMPEP policy, e
criteria, and methodology, and assess the uniformity and adequacy of the implementation of the program. (c)
Issue draft reports and prepare final reports for each region and State for consideration by the management review board and signature by the DEDS. (d)
Participate on management review boards. (e) e Coordinate with Agreement States to staffIMPEP reviews and the management review board with appropriate Agreement State representatives. (f)
General Counsel (033)
Participates on management review boards.
2 Approved: September 12,1995
V:lume 5, G vernment:1 Relati:ns cnd Public Affcirs Integrated M terials Perfcrm:nce Evtluitian Progrcm (miPEP)
Directive 5.6 Director, Office for Analysis and Evaluation of Operational Data (AEOD)
(034)
Participates on management review boards.
Regional Administrators (035) implement the BfPEP within their respective regions. (a) e Provide staf5ng support for review teams, as needed. (b) e Applicability (5.6-04)
The policy and guidance in this directive and handbook apply to all NRC employees who are responsible for and participate in the IMPEP.
4 l
Handbook (5.6-05)
Handbook 5.6 describes the performance indicators that will be used, the performance standards against which these indicators will be evaluated, and the frequency and process sequence to be employed.
The " Glossary" 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 1.icense Reviewer Qualification."
, Chapter 2800, " Materials Inspection Program."
I i
Approved: September 12,1995 3
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Integrated Materials Performance Evaluation Program (IMPEP) m m
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Handbook I
5.6 9
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V;lume 5, Governmental Relatirns and Public Attirs l
Integrat:d Materials Perf;rmance Ev luation Progrcm (IMPEP)
Hrndbook 5,6 Pc.rts I - IV Contents Part I Eval uat i on............................................................
1 Evaluation Frequency (A)..............................................
1 Evaluation Process Sequence (B)........................................
1 Part II Performance Indicators................................................
3 G e n e ral ( A).........................................................
3 Programmatic Indicators (B)............................................
4 Performance Indicator 1-Status of Materials Inspection Program (1).......
4 Performance Indicator 2-Technical Staffing and Training (2)..............
4 Performance Indicator 3-Technical Quality of Ucensing Actions (3)........
5 Performance Indicator 4-Technical Quality of Inspections (4).............
6 Performance Indicator 5-Response to incidents and Allegations (5)........
6 Part III Eval u a t i o n Cri t e ria....................................................
7 l
Indicator 1-Status of Materials Inspection Program (A)....................
7 S a tisfact o ry ( 1 )....................................................
7 Satisfactory With Recommendations for Improvement (2).................
8 Unsa tisfa ct ory (3)..................................................
8 Ca t e go ry N (4 )....................................................
8 Indicator 2-Technical Staffing and Training (B)...........................
8 Sa tisfa ctory (1 )....................................................
8 Satisfactory With Recommendations for Improvement (2).................
9 U nsatisfa ctory (3).................................................. 10 Ca te go ry N (4 ).................................................... 10 Indicator 3-Technical Ouality of Ucensing Actions (C).....................
11 Sa tisfa ct o ry ( 1 ).................................................... 11 Satisfactory With Recommendations for Improvement (2).................
11 Unsatisfa ctory (3 ).................................................. 11 Approved. September 12,1995 iii l
Volume 5, Governmental Relations cnd Public Aff; irs -
Integrated M:terials Perfirm:nce Evaluati:n Program (IMPEP)
Handbook 5.6 Parts I-IV
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Contents Part III(continued) 12 Cate gory N (4 )....................................................
12 Indicator 4-Technical Quality of Inspections (D)..........................
12 Satisfactory (1)....................................................
Satisfactory With Recommendations for Improvement (2)................. 12 13 Unsatisfactory (3)..................................................
13 Cate gory N (4)....................................................
Indicator 5-Response to Incidents and Allegations (F.)..................... 13 Sa tisfa ct ory (1 ).................................................... 13 Satisfactory With Recommendations for Improvement (2)................. 14 Unsatisfa ct ory (3).................................................. 14 Ca te gory N (4).................................................... 14 Part IV
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Programmatic Assessment.............................................
15 G e ne ral ( A)......................................................... 15 Findings for Agreement State Programs (B)............................... 16 Finding 1-Adequate to Protect Public Health and Safety and Co 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 Compatibl e (4)............................................. 17 Findings for NRC Regional Programs (C)................................ 17 G lo s s a ry.............................................................. 18 i
iv Approved: September 12,1995 i
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Wlume 5, Gsv:rnm:ntal Relati::ns and Public Affairs l.
Integrated Materials Performance Evaluation Program (BIPEP)
Handbook 5.6 Part I i
Part I Evaluation 4
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 Office of State Programs (OSP) in coordination with the regions and States.
Approximately 10 to 12 reviews will be scheduled in most years. Under i
normal conditions, this would allow evaluations of NRC re'gions every 2 years, and Agrt.ement States every 3 years. However, these 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 cenain 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) 4 e
Assemble and train team members. (2) e Designate team leader and members for each scheduled review. (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 onsita pornen of IMPEP, using the criteria specified in e
this handbook and any performance review procedures in conjunction with any custanured review elements. (8)
Prepare draft IMPEP report, with recommendation for overall e
performance evaluation, for office director's signature. (9)
Issue the draft report. (10) e Review and consider written comments recei'ved from the regions t
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 final reports, include the wrinen responses received and any e
changes to the report based on consideration of the written responses, and a summary of MRB Sndings. (14)
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Handbook 5.6 Part H f
a Part II Performance Indicators General (A)
A description of the performance indicators to be evaluated for each region and each Agreement State is given in (B) of this part. The evaluation criteria (i.e., performance standards) against which these indicators are to be assessed are described in Part III of this handbook.
These reviews determine program adequacy and compatibility in the Agreement States and are instrumental in improving State and NRC 4
regional performance, thus ultimately leading to improved bcensee l
performance. (1) i The performance indicators should be used as a starting point of j
inquiry. This, in turn, should lead program evaluators to a more careful examination of the underlying conctuons, or root causes, of potential problem areas. Evaluators may find correlations exists between two or more performance indiu:fors. 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, nonetheless, could be rated as strong overall if there are sufficient mitigating factors with respect to other indicators. (2)
Certain non-reactor functions that continue to be conducted from NRC headquarters, such as fuel cycle licensing, uranium and thorium milling, scaled 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 4
State activities. These may be incorporated, as appropriate, as noncommon indicators contributing to a performance-based evaluation of a program. Q)
-Approved: September 12,1995 3
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. Handbook 5.6 Part II General (A)(continued)
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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 disposallicensing. (4)
His exclusion does not prohibit the Ofke 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) l Programmatic Indicators (s)
Performance Indicator 1-Status of Materials inspection Prognm (1)
Periodic inspections of licensed operations arc essential to ensure that activities are being conducted in compliance with regulatoy requirements and consistent with good safety practices. The frequency of inspections is specified 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.
l There must be a capability for maintaining and retrieving statistical l
data on the status of the compliance program. Information regarding l
the number of overdue inspections is a signi6 cant measuie of the l
status of an Agreement State's or NRC region's materials inspection program, although reviews also should examine specific cases where the inspection f: equency has been ::!gni5cet!y =ceeded (i.e., by more l
than 100 percent). De 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 affective licensing and inspection programs is largely dependent on having a sufficient number of experienced, knowledgeable, well-trained technical personnel. Under certain conditions, staff turnover could have an adverse effect on the implementation of these programs; thus it could affect public health and safety. (a)
For this performance indicator, qualitative as well as quantitative measures must be considered. In particular, the reason for apparent trends in uaffing must be explored. Is the rate of turnover and the Approveu: September 12,1995 4
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Handbook 5.6 Part H
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Programmatic Indicators (s)(continued)
Perforinance Indicator 2-Technical Staf5ng and Training (2)
(continued) degree of understaf5ng 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) d Review of staf5ng also requires a consideration and evaluation of the i
levels of training and qualification of the technical staff. New hirees need to be technically qualified. Professional staff normally should i
i have bachelor's degrees or equivalent training in the physical and/or i
life sciences. Training requirements for NRC inspectors are speci6ed in the NRC Inspection Manual, Chapter 1245, and for NRC materials i
licensing reviewers, in the NRC Inspection Manual, Chapter 1246.
The requirements include a combination of classrc,om requirements and practical on-the-job traming. Some NRC regions impose 1
l additional requirements on certain license reviewers or inspectors,.
depending on their individual responsibilities and the types of licenses it they review and/or inspect. (c) i
.In addition, the quali5 cation process for NRC materials program inspectors includes demonstration of knowledge of relevant sections of the Code of Federal Regulations, completion of a qualifications joumal, ar.d appearance before a qualification board. Although Agreement States need not follow the NRC Inspection Manual, Chapters 1245 and 1246, they should have a program fnr training and i
qualification 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 d
personnel. (d) i Perforinance Indicator 3 -Technical Quality of Licensing Actious (3)
An acceptable program for licensing radioactive material includes preparation and use of-internal licensing guides and policy memoranda to ensure technical qualityin the licensing program (when appropriate, NRC guidance may be used); prelicensing inspection of complex facilities; and supervisory review, when appropriate. (a) 1
~
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Handbook 5.6 Part H Programmatic Indicators (s)(continued)
Performance Indicator 3-Technical Quality of Licensing Actions (3)
(continued)
This performance indicator evaluates the technical quality of the licensing program on the basis of an in-depth onsite reWew of a representative 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 ofInspections (4) l This performance indicator provides the qualitative balance to Performance Indicator 1, which looks at the status of the. inspection l
program on a quantitative basis. Review team members will accompany a sampling of inspectors at different types of licensed facilities to evaluate the knowledge and capabilities of regional and Agreement State inspectors. These accompaniments will usually occur 4
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. *Ibese 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.
I Performanet Indicator 5-Response to incidents and Allegations (5)
The quality, *,horoughness, and timeliness of the NRC or Agreement State respora ta 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 be a signi6 cant indicator of the overall quality of the program.
i j
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Handbook 5.6 Part HI 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 II 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)
I are inspected at regular intervals in accordance with frequencies prescribed in NRC Inspection Manual, Chapter 2800. (a)
Deviations from these schedules are normally coordinated e
between working staff and management. Deviations are generally i
the result of joint decisions that consider the risk of licensee operation, past licensee perfonnance, 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 reschedule any missed or deferred inspections. (c)
Inspections of new licensees are generally conducted within 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 findings are communicated to e
licensees in a timely manner (30 calendar days as specified in hTC Inspection Manual, Chapter 0610-10). (e) l Approved: September 12,1995 7
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I Handbook 5.6 Paty i Indicator 1-Status of Materials Inspection Program (A) (continued)
Satisfactory With Recommendations for Improvement (2)
More than 10 percent of the core licensees are inspected at e
intervals that exceed the NRC Inspection Manual, Chapter 2800, frequencies by more than 25 percent. (a)
Inspections of new licensees are frequently not conducted within 6 months oflicense approval. (b)
Some of the inspection findings are delayed, or not communicated to licensees with 30 days. (c)
Unsatisfactory (3)
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 inspection findings. (b)
Category N (4)
Special conditions exist that provide adequate justification for e
withholding a rating. For example, an unforeseen event or emergency with significant health and safety consequences may have required a temporary diversion of resources from the core 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 State management.
Indicator 2-Technical Stamng and Daining (B)
Satisfactory (1)
Review indicates implementation of a well-conceived and -balanced staffing strategy thrcughout the assessment period and demonstrates the qualifications of the technical staff. This is indicated by the presence of most of the following features:
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Handbook 5.6 Part III Indicator 2-Technical Staffing and DainiDg (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 for extended periods (c)
Oualification criteria for hiring new technical staff established and followed (Staff would normally be expected to have bachelor's degrees or equivalent training in the physical and/or life sciences.
Senicr personnel should have additional training and experience in radiation protection commensurate with the types oflicenses they issue or inspect.) (d)
License reviewers and inspectors trained and quali5ed in a e
reasonable time periodi(e)
Management commitment to training clearly %ient (f) e Satisfactory Mith Recommendations for Improver ent (2)
Review determines the presence of some of the following conditions-Some staff turnover that could adversely upset the balance in e
staffing the licensing and inspection programs (a)
Some vacant poritions not readily filled (b)
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)
For the repons, this means there has been and continues to be, a clear effort to adhere to the requirements and conditens specified in NRC Inspecuon Manual. Chapters 1245 and 1246, and the appbcable quahretions journah.or to receive equrraient trammg elsewhere. For the Agreement states.
[
equwalcot requirements should be in place and followed.
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Handbook 5.6 Part III I
Indicatar 2-%chnical Staffing and ThlidDg (B)(conseed)
Satisfactory with Recommendations for Improvement (2) (continued)
The training and qualification standards include areas needing e
improvement (e)
Some of the new staff hired with little education or experience in 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:
Signi5 cant staff turnover relative to the size of the program'(a)
Most vacant positions not filled for extended periods (b) e 1.ittle evidence of management attention or actions dealing with e
staf5ng problems (c)
Most of the licensing and inspection personnel not making prompt e
progress in completing all of the training and quali5 cation requirements (d)
New staff members hired without having scientific or technical e
backgrounds that would equip them to receive health physics training (c)
Categen 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 Of5ce of State Programs (OSP) has been kept informed of the situation and discernable recent progress is evident.
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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)
De5ciencyletters are well written and used at the proper tau. (e) e Reviews of renewal applications demonstrate thorough-analysis of a licensee's inspection and enforcement history. (f)
Applicable guidance documents are available to reviewers in most cases and are generally followed. (g)
No potentially significant health and safety issues can be linked to licensing practices. (h)
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 concerns or indicates chronic problems with regard to thoroughness, completeness, consistency, clarity, technical quality, and adherence to existing guidance in licensing actions.
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Volume 5, Governmental Relati:ns cnd Public Aff; irs Integrated M terials Pcrformance Evclurti n Program (IMPEP)
Handbook 5.6 Part III Indicator 3-Technical Quality of Licensing Actions (c)(continued).
Category N (4)
Not applicable.
Indicator 4-Technical Quality of Inspections (o)
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
causes and poor licensee performance. (c) e In most instances, followup inspections address previously identified open items and/or past violations. (d)
Inspection findings generally lead to appropriate and prompt regulatory action. (e)
Supervisors accompany nearly all inspectors on an annual basis. (f) e Satisfactory Mith Recommendations for Improvement (2)
Review indicates that sans 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
Sles are, on occasion, not well founded or well documented. (b) 12 Approved: September 12,1995
V:lume 5, Gsv;rnmental Relati::ns and Public Afftirs Integrcted Materials Pzrfcrmance Eyduatlan Prcgrcm (IMPEP) j Handbook 5.6 Part III l
Indicator 4-Technical Quality of Inspections (D)(continued)
Satisfactory %1th Recommendations for improvement (2)(continued)
Review does not demonstrate an appropriate level of management e
I resiew. (c)
Supervisors accompaniment of inspectors are not performed e
systematically. (d)
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 proble.ms 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 e
appropriate. (c)
Category N (4)
Not applicable.
e Indicator 5-Response to Incidents and Allegations (E) i 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 4
e safety significance of incident. (c)
It Approved: September 12,1995 13
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Handbook 5.6 Part III-I Indicator 5-Response to Incidents and Allegations (E)(continued)
Satisfactory (1)(continued)
Investigative procedures are appropriate for incident. (d) l e
Corrective (enforcement or other) actions are adequately identi5ed to licensees promptly and appropriate followup l
measures are taken to ensure prompt compliance. (e)
Followup inspections are scheduled and completed. if l
e necessary. (f)
Notification to NMSS, the Office for Analysis and Evaluation of e
Operational Data, or OSP, and others a 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)
Perfonnance 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 i
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.
. r.
Approved: September 12,1995 14
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Integrated Materials Performance Evaluation Program (IMPEP)
Handbook 5.6 Part IV Part IV 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 the proposed final report and recommendations prepared by the team that conducted the review of that region or State, including any unique circumstances as well as noncommon indicators. (1)
The MRB will consist of a group of senior NRC manageis, or their i
designees, to include the: (2)
Deputy Executive Director for Nuclear Materials Safety, e
Safeguards, and Operations Support (a)
Director, Office of Nuclear Material Safety and Safeguards (b) e Director, Office of State Programs (c) e Director, Office for Analysis and Evaluation of Operational i
e Data (d)
General Counsel (e) e The Agreement States also will be invited 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) 15 Approved: September 12,1995
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=J Vzlume 5, Governmental Relations cnd Public Afizirs Integrated Materials Perfcrmince Evaluati:n Program (IMPEP)
Handbook 5.6 Part IV 8
Generai (A)(continued)
For an NRC region, the MRB will only assess the adequacy of the prograr.1 to protect public health and safety. The nature of NRC l
findings regarding NRC's Agreement State review process is described below. (4) i Findings for Agreement l
State Programs (s)
Finding 1-Adequate to Protect Public Health and Safety and l
Compatible (1)
If NRC staff Snd that a State program has met all the Agreement i
e State program review criteria or that only minor deficiencies exist, i
l the Commission will find that the State's program is adequate to protect the public health and safety. (a)
If the NRC determines that a State program contains all required e
NRC program elements for compatibility, or only minor discrepancies exist, the program will be found compatible. (b)
Finding 2-Adequate to Protect Public Health and Safety and Not Compatible (2) t If NRC finds 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 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 poli.cy 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) i If NRC finds that a State's program protects public health and e
safety, but is deficient 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 l
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Handbook 5.6 Part IV Findings for Agreement 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 e
identi5ed have been uncorrected for a signi5 cant period of time, NRC also may End 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 speci5ed 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 finds that a State's program is signi6cantly de5cient in e
some or all the review criteria, NRC would Snd 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 necessaryitem j
e of compatibility within the period of time speci5ed 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 5ndings for regional programs will be the same as those listed above for Agreement Stateswith the exclusion of the findings for compatibility.
4 i
Approved: September 12,1995 17 i
l V:lume 5, G:vernmental Relati:ns and Public Affdrs Integrated Materials Performance Evaluation Program (BfPEP)
Handbook.5.6 Glossarv e
Glossary It is necessary to note that some Agreement States or NRC regions may not define these terms identically. In such cases, the review team will highlight any differences in its review, but draw its conclusions and make its assessments on the basis of the definitions used by that State or region at the time of the review.
Allegation. A declaration, statement, or assertion of impropriety or 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 of6ces regarding activities at a licensee's site. Excluded from this definition are matters being handled by more fonnal processes such as 10 CFR 2.206 petitions, hearing boards, appeal boards, and so forth.
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 de6nitions in 10 CFR 170.3, and in NRC Inspection Manual, Chapter 2800, Sections 03.03 and O7.01, should be used to determine what constitutes an inspection. In addition, Agreement State hand-delivery of new licenses may constitute initial inspections. The term includes both routinely scheduled and reactive inspections.
Materials Licensing Action. Reviews of applications for new byproduct materials licenses, license amendments, renewals, and license terminations.
Overtine inspections. Currently, NRC de6nes this term based on guidance in NRC Inspection Manual, Chapter 2800, especially Sections 04.03 (a) and 05.01 through 05.04. Many States use different de6nitions. For purposes of this directive, a materials license will be considered overdue for inspection in the following cases:
18 Approved: September 12,1995
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Handbook 5.6 Glossarv Glossary (continuea)
A new licensee that pcssesses 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 defined in NRC Inspection Manual, Chapter 2800,. An existing non-core license is more than 1 year beyond the interval. (An inspection will not be considered 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 inspection frequencies established by States or regions if those frequencies are more stringent than those contained in NRC Inspection Manual, Chapter 2800. The frequencies prosided in 1
NRC Inspection Manual, Chapter 2800, will generally be used as the yardstick for determining if an inspection is overdue.
l 1
Approved: September 12,1995 19
54734 Federal Register / Val. 40. No. 206 / Wednesday October 25, 1995 / Notices e
cf the Atomic Energy Act af1954,as Ridge.TN.37830. ATTN:Mr. Arthur J.
cveliable for public inspection at b amended. with NRC. to regulate. inspect Fahner W.and Commission's Public Docunwat Room.
or otherwise emancias control of -
2.The NRC staff, by delivery to the the Gelman Buildia_g_. 2120 L Street.
porations, with mopect to source and Esecutive Director for Operations. One NW., Washington, DC. and at the local 1
predea material, for disposal of that White Fliet North.11555 Rockville l
.eterial et the 1.LW disposal facility et Pike Rockville. MD 20s52, or by mall.
- public document room located at University of Toledo. William Carlson Aichtend. Washington.
addressed to the Executive Director for Library. Government rie==nte i
Pr6er to the issuanos of the proposed Opersdons. U.S. Nuclear Regulatcry Collecdon.2act West BeecroA Avenue, senewal.NRC will have made DrAings Ceauniesion. Washington.DC 20555.
Toledo, Ohio 43406.
required by the Atomic Energy Ad of For further iletails with respect to this need at asckville. Maryleed, this 27th dey l
1954, as amended, and NRC's action, the applicaden for bcones of september toes..
vogulations.These nadings will be renewel is evalleble for inspection at the Far the Nuclear lleguisiery osemission.
4 documented in a $sfoty Evaluation Ceauniesion's Public Document Racet.
unds L.Gedoms.
Report and an Envirosunental 2120 L Stront NW., Washington DC p,,g., w p r.progset c u w ares, s.s.
Assessment.
sess5.
The NRC hereby provides nodos that m gen ofneocarpre,sese.Jwiv. oft.c of this is e precaeding on an application
,,Desed,,a m,ed.,61k. Eryhd sie 1M dayN8ch*' A'ecear Assuhen.
o,,,
, 3,3, gra noe.,s_sease riled so.no.et s:45 ami for a license renewal felling within the acope of Subpert L.Informel Hearing For the U.g. Nuclear Regulsery enAme seesses *
- e-w Procedures for Adjudications in.-
i gg,,, y,,,g Meteriale Ucensing Proceedinge,of NRC's rules and rectice for domestic ggf, g,,,,g,,,y,,,,,,g g,,,,,,,,3,,j, Evolustion of Agreement Sete licensing ings in 10 CFR Port 2.
w mend. Dmaien of we,,,
flessesion Correral Programe Pursuant to i2.1205(e). any person Menepairni, office e/NucAser Meesnel Agencv: Nuclear Regulat"Y 3.j,,7 engssp,ue,ag w
met ed y this IFR Dec. ok.36410 Fined 10 34-es; 9:45 am) i m implemntation of b "M88 8" "***
eering in accordance with 6 2.1205(c).
Integrated Materials Performance l
A request for a hearing must be filed Evaluation Program pending final withm thirty (30) days of the date of IDesamt888.5644e]
Commission approval of the Statement i
I publication of this Federal Relissee of Principles and Policy for the artice.
Toteslo Espege Company, et ala Devle. Agreement State Program and the Policy The request for a bearing must be Seeme Nuclear Power Station. Unit No.
Staternent on Adequacy and filed with the Office of the Secretary 1; Amensement to FecWty C;M.4 Cornpatibility of Agreement State ci b n Woonee Hottoo of Wtthdrewel of Programs.
A
- 1. By delivery io the Docketin and AppHc.aton for Amenenent to Focility arnce Branch of the Office of the e
C; M i Usense Waasam he Nuclear Regulate 1
One Whit F1 North Commission (NRC) is implementing. on Rockville Pike
- Roc ville* Mi) no U.S. Nuclear Regulatory an interim basis, the Integrated Commiselon Itbe Commission) has Materials Performance Evaluation
~
r I or telegram addressed to Fanted the request of b Toledo Edison Program (IMPEP) to be used in the the Secretary, U.S Nuclear Reg;! story.GernPeny, Centerior Service Company, evaluation of Asmment State Programs.
l Commission. Washington. DC 20535.
and the Cleveland Electric illuminating To effect thle implernentation, the NRC Attention:Decketing and Service Company (the licensees) to withdrew its will suspend relevant portions of the Branch' August 14,1995, appbcation for May 2s.1992 General Statement of I
in eddition to muting other osed amendment to Focility Pohey "Culdelines for NRC Review of 1
applicable requiremente of to GR Pan reting Ucense No. NPF-3 for the Agmment State Radiation Control j
2 cf the NPC's regulations,a request for vis.Besee Nuclear Power Station. Unit Programs,1992." Management Directive a hearing fined by e person ohr than Nhe proposed amendment would1* located in Ottawe County, Ohio.
s.6 Integrated Materials Performance T
cn apphcant must desenbe in detail:
Evaluation Program, will be used as the i
1, The intmet of the requator in the have nyleed Technical Specificadon implementing procedure.
procwdina:
Section 3/4.7,S.I.* Ultimate Heat Sink" The NRC wiflimplement IMPEP in 1
- 2. How t'het intmet may be aNected to increase the snazimum temperature the evaluetloo of Agreement State by the results of b procwding, bom less than or equal to 85 'T to less Programs until such time as final I
ir.cluding the nuens *hy b requestor than or equal to 90 'F.
implementing procedures for b policy
{
should be permined a bearing, with The Commission had previously statemente:" Statement of Principles i
particular nierence to b facsore set out issued a Notice of Considmtion of and Policy for the Agreement State i
in 5 2.1205la):
leeuance of Amendment published in Program" and " Policy Statement on the i
- 3. n, requestor's areas of concern the Federal Register on August 24.1995 Adequacy and Compatibiht chout the hcensa'ay activity bt is the 440 FR 440e1). However, by letter deled Agreement State Programs "y of and any 1
subpoet matter of tne procwdmg: and September 12.1995, the licensee sovisions to these policy statements are 4.The oreumstances estabhabing bt withdrew the eed change approved by the Commisalon (See 60 FR the vest ler a hennns is timely in For krther Ils with rue to this 39444; August 2.1995).Ceniorming ance whh 6 2.1205(cl.
action, ese the request for en ment revisions to IMPIP in cmanection with in accordance with 10 CFR discretion dated August 17,1995, the tbo completies of work on these two l 2.12054el, each request for a bestieg opphcotion for ementheset deced pelley eratunents will be done es must else be served, by delivering it August 18,1995, and the !dcmasse's oppropneta BdPEP will then be i
pereenally or by mail, to:
noner dated September 11,1993, which isnpiereenteel se a permament benis and
- The appl 6 cent. American Ecoloty withdnw the apphcenes for licanes the 1992 policy statemwnt on erstion 120 Franklut Raad. Oak amendment. The ebeve docunasts are "Culdelines for NRC review of 4
1 i
I Federal Resister / Vol. 60, No. 206 / Wednesday, October 25, 1995 / Notices Se *M A";greement Stees Radastlem Csatrol Agreement $ sate Program"and " Policy Carpereuen.72517th Street, NW.,
.,ywns" will be rescinded.
spracTves ents:0:nebar1, sees.
Statement on the Adequacy and i
abula a single espy gDa swy-Programs." yofAgreement State Room 2208, Weakington. DC 20303.De Ascareers'kneerweed Competibilit for approval willbe available for Directive 3.4 by wrt law. level weste, trealue n!!! er licinspection at the PBGC i
Doegan. U.S. Nuclear Mr. Coorga en*Ied soussa and eevios programs in uniations and Public Affairs tory Agreement States willnot be miewed Department. suite 240, 3200 K Street, Cosamlesloo, Mall Stop as common ormenosindicatore NW., Washlagton, DC20005, between Washingtoo.DC20$$$.
elaceNRC dquarters these the bours of 9 a.m. and 4 p.m.
th N Scha e OE o i
untion approach, p
20 Co asi Doc t at Desk' me per snce d cators, willbe Strwt.NW., Washington, DC 20005, I
ul
?
P1-37, Washin telephone (30thon DC2055$*
1 5 2220.
utilisedin reviews of NRCand Agrusement Statepsogramsla these 202-326-4024 (202-226-4179 for TTY Guert.sasserraay esponesaYiost:In 1994*
amas.
and '!DD). (Dese are act toll free I
NRC repowd a process to evalute h NRC wH1miew 6e periorinanos sumW NRC j
State onalprograms and Agreement ofeach ment State os a pMc suppumsgstrAny esponesaftom The ation Contml Pmgrsma.est be s En Paperwork Reduction Act of 1960 (44 3
i regulate the use of radioactive materials
.coord
'du U.S.C. Chapter 25) establishes policies in an integrated manner using common, h'[ ^8C' and procedures for controlling the
' F ir performance indicators. & staff d u conducted a pilot program in 1994 with compatible, the staff will consider paperwork burdens imposed by Federal three Agreement States and two NRC extending b current review cycle of 2 the Office of Management and Budget 3
agacia on the public. & Act vests Regional materials programs usin drati Management Directive 3.6 g the F7, so u I'afs-i (OMB) with regulatory responsibihty integrated Materials Performance.
Deted at Rockvil'le Maryland this 1 stb day over these burderts a d OMB has ofOctober tees.
Evaluation Pmgram"(IMPEP). On June collec@tions ofinformation by F I
27,1995, the Commission appmved For the Nur.Jear Regulatory Camelssion.
f,mplementation ofIMPEP on an interim lohnC.Herle, "I
basis.The drsh Management Directive SeemoryofIAeGemmission.
De PBCC has stablished a 1oll.fre.
j is curwntly being prepared in Snel IFR Doc 95-26415 Filed 10-24-o5. 8.45 am] telephone service that gives the publ form.
m,,,,,,,,,,,,,,,
4 generalinformadon concer Five common performance lodicators, PBGC e lasurance program.ning the 1
as ductibed in Management Directive
- toll hee service by the general pubhc Use of the S.6 will be uwd to det PENSION SENEFTT GUARANTY has bwn sign $cantly Wow of materials programs. ermine adequacy Additionally
- CORPORATION Compatibihty of Regulations and legal expecteu,ons.
Authority (including enforcement) will Request for a Collection of informauen The PBGC plans to conduct a series of be addressed as non common Under me Paperwort heuction Act; three focus groups of 15 participants indicators. Existing procedures for Customer Sesofaction Focus Groupseach. and to distribute survey compatibihty determinations (Offios of and Eurwys questionnaires to the focus group State Programs 5.7 Pmcedure) will ici ta and to 150 other Antwer:
continue io be utilised in connectionCorporetion. Pension BemSt Guarantydivi als. (The 45 focus smup with NRC Andings on Compatibility of Participanta and 150 survey nspondents Regulations underIMPEP unulthe AnalAction: Notice ofreguest forOMB W k as Wy hm b implementing procedma for the policy -
41M000 participants and approval.
statementsPStatement of Priticiples beneSciaria in covered pension plans.)
Corporation has requested ht bspesasam: h Pension Benefit G and Polic Program"y for & Ag' reement Sute The purpose of the focus groups and and " Policy Statement on the Ofhee of Management and Budget ourvey questionnaires is to evaluate the Adequacy and Compatibility of
("OMB") oppme a sww collection of PBGC's toll. free service and to assist the Agreement State revisions to these ms," and any information under the Paperwork PBGCin making necessary cy statements are R* duction Act.Npur improvernents to that service.
cpproved by the mmission h information collection, pou of this which willbe
%e PBGCwumMn ht h total i
interim implementation ofIMPEP will conductod through thrw focus group require the partial suspension of h annualburden o May 28.1992 General Statement of meetings and a small of number of idormauen wn)f this collection of j
be 147,5 hurs he surveys tollh. is to help the PBGC evaluate its PBGCis req Pohcy " Guidelines for NRC Review of t*1'Phom service providing gj,,,j;,cg,uesting that OMB aphrose Agreement State Radiadon Control basicinformetron about the PSGC that needed impmvements in he toll-Programs,1992"(57 FR 22495). The insance program NRC will only continue to apply the Saftt: The PSGCis requeeting that k service cd madm um u single program element of the 1992 possible' General Statement of Policy entided OMB spprove this request by Novemberlesued at weshansion.D.C., shis 23rd der 1.199L
" Legislation and Reguladona."NRC will ADont$sts:
e membw.i m rescand the entire 1992 Generel All written comments (at himme Slese, Statement of Policy upon final appmval least three copies) should be addressed CerPorosson.Laceute p,rmor. Pennen sencpi cue and implementation of the " Statement Affairs of OMB. Attention:to' Office ofinformation and Regulatory cf Principles and Policy for the Desk Officer for the Pension Besent Guaranty (FR Doc 96-26424 Filed 1o-2s-es, s 45 emi i-emaane seee tw
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M NUREG-0980 i
Vol.1, No. 2 I
i i
Xuclear Regulatory l
Legislation i
I l
102d Congress i
l l
U.S. Nuclear Regulatory Commission I
Office of the General Counsel
$.,f 1 I
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l ENCLOSURE 5
- &lSu(3D ng>q
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- Sec. 271. Agency jurisdiction.-Nothing in this Act shall be yncy i
construed to affect thd' authority or regulations of any Federal, State,or inde to the Commission.nu.mWctiort or the use of materials ue c usc sec. 2018. l.ocal agency with respect to the generation, sale, or transmission of nonstration Program, unies electric power produced through the use of nuclear facilities licensed by
- nacted by the Congress t the Commission: Provided,'Ihat this section shall not be deemed to con-a the Commission may appn.
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?07 yscabihty "Sec.272. Applicability Of Federal Power Act.-Every licensee under f of subsection a., fundsan nederal this Act who holds a license from the Commission for a utilization of d for the restoration or re Ner Act.
production facility for the generation of commercial electric energy royed or otherwise serioir> c l'SC sec. 2019. under section 103 and who transmits such electric energy in interstate sorized to usc available fund commerce or sells it as wholesale in interstate commerce shall be subject to the regulatory provisions of the Federal Power Act.
priated for any constructe hensing of "Sec.273. Licensing Of Government Agencies.-Nothingin this Act
- the development or proda caernrnent shall preclude any Government agency now or hereafter authorized by law to engage in the production, marketing, or distribution of electric bc weapons may be usedi, genoes.
! otherwise authorizedifik c USC see. 2020. energy from obtainirig a license under section 103,if qualified under the
, thin the limit of cost of tb provisions of section 103, for the construction and operation of produc-ution is to be made, and th tion of utilization facilities for the primary purpose of producing electric energy for disposition for ultimate public consumption.
ential to the toma.on de Gvperation "Sec.274. Cooperation With States /os_
vth states.
"a. It is the purpose of this section-guired by changes m wea;u c USC sec. 2021.
"(1) to recognize the interests of the State s in the peaceful
- operations; and uses of atomic energy, and to clarify the respective responsibili-o enter into a contract w ties under this Act of the States and the Commission with jit to furnish from aprivatei respect to the regulation of byproduct, source, and special
- or services to bc providedt, nuclear materials;
"(2) to recognize the need, and establish programs for coop-cration between the States and the Commission with respect to y
control of radiation hazards associated with use of such materi.
j
- 3) to promote an orderly regulatory pattern between the I".UC'"l,"/Ja'"$ ",'"jl'l
~ ~ ~ ' " ' ' " ~ " " " ' * " " ' "
- 7 Commission and State governments with respect to nuclear y,*iaas ta m. eemor. s.o w., 0 C 'y,'ll p a development and use and regulation of byproduct, source, and special nuclear matertals; p
ClaI"J",r':O'm",,C",",,,",L'
"(4) to estab~tish procedures and criteria for discontinuance of
[,",,,**,l g *y,d g r g g certain of the Commission'(regulatory responsibilities with re-spect to byproduct, source, and special nuclear materials, and m,- e. or a. comm..,
I"'."Jn"au","0's"jl"ll"Zl
the assumption thereof by the States;
."(5) to provide for coordination of the development of radia-
!.u wa,..a,,,,,
a tion standards for the guidance of Federal agencies and coop-
?.O*,'."','."e, *".",,*0,",'l"*f';
eration with the States; and
"(6) to recognize that, as the S'ates improve their capabilities e s m-=
.wam i..a = =$
to regulate effectively such materials, additional legislation n.d ia nm.n m.,,,,,.
%."",',",C,' "l,",",,,*,"g may be desirable.
4reernents "b. Except as provided in subsection c., the Commission is s'ra,r.":t - e..Cri..
= # ts::"
4MPutdsc IJe 30-13$ (19 $ tat $31)0965), amended sec. 271. Prior to amendment tbs section rud as tonows-the mte m *Alomis Earrgy1sganise Sec 274 AGitNCYJUR!$ DICTION-Nothmgintbs ActabaBb.construsttoaffecttheauthor ryorregulatens of am Federal. $ tale, or kwal agency with respect to the generstma. ask, or transemams atslectru power
- 43Y Commuseos are est forth in appreta?
80*rutiin t i. s&sn (n sim ass) 09595 sec.1. mwed in 274 ant a rut u. Av.
145 l
-- ~-
j with States.
authorized to enter into agreements with the Governor of any i
State provMing for discontinuance of the regulatory authority of
}
the Commiscion under chapters 6,7, and 8, and section 161 of this Act, with resp *ct to any one or more of the following materials within the State-
"(1) Jyprodtet materials as defined in section lle. (1);ros
"(2) byproduct moferials as defined in section lle. (2);210
"(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 State shall have authority to regulate the materials covered by the agreement for the protection of the public health and safety from PAcation radiation hazards, in ER.
"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 of-
"(1) the construction and operation of any production or utilization facility or any uranium enrichment facility;210a
"(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.
"(4) the disposal of such other byproduct, source, or special Exemptions.
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.
mission.'Ite Commission shall also retain authority under any such agreement to make a determination that all applicable standards and requirements have been met prior to termina.
42 USC 2014.
tion of a license for byproduct material, as defined in section 11c. (2).211 i
Notwithstanding any agreement between the Commission and any Federal State pursuant to subsection b., the Commission is authorized by Radiation
(
rule, regulation, or order to require that the manufacturer, proces.
Council.
t conditions.
sor, or product if any equipment, device, commodity, or other i
product containing source, byproduct, or special nuclear material
(
shall not transfer possession or control of such product except I
pursuant to a license issued by the Commission.
"d. 'Ite Commission shall enter into an a I
tion b. of this section with any State if greement undersubsec.
e I
t
'l soo rubis Lao 93 404 (92 Stas 30M)(19% ass. 24a), ameeded sec. 274(bX1) by addag "as defuesd la eactes C
lie (1)* after the words "byp.oduct aseenals".
aioPubhs Lee 95404 (93 Stae. 3037)(19% ass. 21V(ak. resuchered paragraphs (2) and(3) as persgraptu (3)and C'
(4), aad added e new parsg,spt (2).
(
8'08 Pubtw Law 102-486 (106 Stat. 2944), Oct. 24.1992.
8"Pubbs Law 95404 (92 Stat 3038)(19% ass. 204(fA added a new erasence after parograph (4),
aiag dance est at 146
'b
f i
(
"(1)Re Governoc of that State certifies that the State has a te Governor of any program for the control of radiation hazards adequate to pro-3ulatory authority of tect the public heahh and safety with respect to the materials l
pdsection161of this within the State covered by the proposed agreement, and that
- following materials the State desires to assume regulatory responsibility for such materials; and action lle. (1);ros
- (2) the Commission finds that the State program is in r ecor-i ection lie.(2);2 0 dance with the requirements of subsection o. and in all other ects212 compatible with the Commission's program for ties not sufficient to resp & tion of such materials, and that the State program is reg adequate to protect the public health and safety with respect to 4 recognized that the 1N materials covered by the proposed agreement.
'terialscovered by the "e. (1) Before any agreement under subsection b. is signed by the Publication
- talth and safety from Commission, the terms of the proposed agreement and of pro-inFR.
posed exemptions pursuant to subsection f. shall be published once
- o subsection b. shall each week for four consecutive weeks in the Federal Register; and i
iand the Commission such oppartunity for comment by interested persons on the pro-
! respect to regulation posed agreement and exemption:. shall be allowed as the Commis-sion determines by regulation or order to be appropriate.
if any production or
"(2) Each proposed agreement shall include the proposed (ment facility;2ica effective date of such proposed agreement or exemptions. The the United States of agreement and exemptions shall be published in the Federal
- tterial, or of any pro-Register within thirty days after signature by the Commission and the Governor.
Jbyproduct, source,or "f. The Commission is authorized and directed,by regulation or jed in regulations or IJcensing order, to grar t such exemptions from the licensing requirements requirements.
luct,cource, or special Exemptions.
contained in chapters 6,7, and 8, and from its regulations applica-7 ble to licentus as the Commission finds necessary br appropriate
- ermines by regulation to carry out any agreement entered into pursuant to subsection b.
j $ or potential hazards o' this section.
iicense from the Com-
"g.The Ccmmission is authorized and directed to cooperate with
- inauthority underany the States in the formulation of standards for protection against
.on that all applicable hazards of radiation to assure that State and Commission programs
! met prior to termina-for protection against hazards of radiation will be coordinated and i
!, as defined in section compatible.
- eCommission and any Federal "h. There is hereby established a Federal Radiation Council, j ission is authorized by Radiation consisting of the Secretary of Health, Education, and Welfare, the i
Chairman of the Atomic Energy Commission, the Secretary of De-Council.
- manufacturer, proces-fense, the Secretary of Commerce, the Secretary of Labor, or their L. commodity, or other designees, and such other members as shall be appointed by the meial nuclear material President. The 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, the Chairman of the National Committee on
- reementundersubsec-Radiation Protection and Measurement, and qualified experts in the field of biology and medicine and in the field of health physics.
De Special Assistant to the President for Science andTechnology, or his designee, is authorized to attend meetings, participate in the J
im.4%.em dehberations of, and to advise the Council.The Chairman of the Council shall be designated by the President, from time to time,
- wmmam=wmad ed. inn *[.NE1L%%NO!"."M,"""
=
- aiw w 1
147
Qf ' $h %'$s i
from among the members of the Council.The Council shall advise the President with respect to radiation matters, directly or indi.
rectly affecting health, including guidance for all Federal agencies in the formulation of radiation standards and in the establishment ard execution of programs of cooperation with States. The Coun.
cil shall also perform such other functions as the President may as.
Notice of a
sign to it by Exeautive order.
filing.
m Inspections.
"i. He 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 i,
appropriate. The Commission is also authorized to provide train-ing, with or without charge, to employees of, and such other assis.
1 tance to, any such State or political subdivision thereof or group of States as the Commission deems appropriate. Any such provision or assistance by the Commission shril take into account the addi-tional expenses that may be incurred by a State as a consequence of the State's entering into an agreement with the Commission pur-suant to subsection b.
Termination "j. (1)213 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)2is such termina: ion or suspension is re-Definition.
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 ac-tions taken by the States under the agreements to insure compli-an.e with the provisions of this section. ate j
"(2) The Commission, upon its own motion or upon request l
of the Governor of any State, may, after notifying the Gover-l nor, temporarily suspend all or part of its agreement with the l
State without notia or hearing if,in the judgment of the Corn-l mission:
"(A) an emergency situation exists with respect to any rnaterial covered by such an agreement creating danger which requires immediate action to protect the health or safety of persons either within or outside of the State, and
"(B) the State has failed to take steps necessary to con-tain or eliminate the cause of the danger within a reason-able time after the situation arose.
A temporary suspension under this paragraph shall remain in ef.
fect only for such time as the emergency situation exists and shall Ante, p. 3033.
8'%ue u. w.29s e4 si.t. 7:7)(it80x e 20s,in.eri.d -(t) afi,, 3.
Ibn, p. 3039.
Si'Pubhc be 95404 (92 Elm 30J7)(1978), sec. 204(d)(Ik arneeded sec 274j by addios the tords "an or part of" after
- suspend *.
8Publa lae 95404 (92 Stat 3037)(1978k ses 204(d)(2). amended esc. 274 try sneertas "(1)" after " fads thal
- J 8 '8Pubhc Law 95404 (92 Stat 3CJ7)(1978k sec 204(dX3), saweded sec. 274j by addag si the and before theperiod
- or(2)the state has sat conspbed =sn one or moreof the requiremems of the section. TheComnussion s!v 1perwe 817 i
eally a
frements sad actsons takea by Ihe States under the agreements to tasure comphance with lhe pfen 148 w
'+
.~
n.
a,.
i l
' Die Council shalladvise authorize the Commission to exercise its authority only to the matters, directly or inds extent riecessary to contain or eliminate the danger."2'?
e for all Federalagencies "k. Nothing in this section shall be construed to affect the author-
- and in the establishment ity of any State or local agency to regulate activities for purposes n with States. The Coun.
other than protection against radiation hazards.
as the President mayas-Notice of "1. With respect to each application for Commission license i
fihng.
authorizing an activity as to which the Comm'.ssion's authority is
'ts licensing and regulatory continued pursuant to subsection c., the Commission shall give artzed to enter into agree.
pronipt notice to the State or States in which the activity will bc
),toperforminspectionsor conducted of the filing of the license application; and shall afford
- as the Commission deems reasonable opportunity for State representatives to offer evidence,
,uthorized to provide train.
interrogat e witnesses, and advise the Commission as to th e applica.
)es of, and such other assis-tion without requiring such representatives to take a position for or
$ivision thereof or groupof against the granting of the application.
priate. Anysuchprovision "m. No agreement entered into under subsection b., and no ex-Eke into account the addi-emption granted pursuant to subsection f., shall affect the authot-
@ State asa consequenceof ity of the Commission under subsection 161 b. or i. it issue rules, mith the Commission pur.
regulations, or orders to protect the common defense and security, l
to prot ect restricted data or to guard against the loss or diversion of its own initiative after special nuclear material. For purposes of subsection 161 f., activi-l hearing to the State with ties covered by exemptions granted pursuant to subsection f. shall t3. has become effective, or be deemed to constitute activities authorized pursuant to this Actt
- tate, may terminate or sus-and special nuclear material acquired by any person pursuant to y the State and reassert the such an exemption shall be deemed to have been acquired pursu-d in it under this Act,if the ant to section $3.
lination orsuspension iste.
Definition.
"n. As used in this section, the term ' State' means any State.
l safety,or(2) the State has Tbrritory, or possession of the United States, the Canal Zone, quirementsof thissection.
Agrectnent."
Puerto Rico, and the District of Columbia. As used in this section, fwsuch agreements andac-the term ' agreement' includes any amendment to any agree-lccments to insure compli-ment.21s "o. In the licensing and regulation of byproduct material, as sie A
>n motion or upon request defined in section 11 e. (2) of this Act, or of any activity which iafter notifying the Gover-results in the production of byproduct material as so defined under
? ofits agreement with the an agreement entered into pursuant to subsection b., a State shall thejudgmentof theCom-require-
"(1) compliance with the requirements of subsection b. of l
section 83 (respecting ownership of byproduct material and
! exists with respect to any i
greement creating danger land), and an to protect the health or
"(2) compliance with standards which shall be adopted by the oroutside of the State,and State for the protection of the public health, safety, and the Ae steps necessary to con-emironment from hazards associated with such material which he danger within a reason-are equivalent, to the extent practicable, or more stringent than, standards adopted and enforced by the Commission for vsc.
agraph shall remain in ef-the same purpose, including requirements and standards pro-y situation exists and shall Ame,p.3033.
mulgated by the Commission and the Administrator of the
- Y.
Ibn. p. 3039.
Environmental Protection Agency pursuant to sections 83,84, 2% =w.cw==.n = p.a.c and 275, and
"(3) procedures which-a % n w.not w 2%.e
.nw.. awe.uwen C
%g s'%hc t.a. 9e 295 6. Sta 787)099), ssc 205.doed or=.utnes *3 (2f.
5
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149 JW,
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.,v - -
'4 u
"(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 maten comments and a public hearing, with a transcript, 42 USC 2014.
materialas d(
"(ii) an opportunity for cross examination, and (including,wl
- (iii) a written determination which is based upon mentsadopte findings included in such determination and upon the after notice a evidence presented during the public comment period mmesthatsu and which is subject to judicial review; tainment of '
"(B)in the case of rulemaking, provide an opportunity health,safet) for public participation through written comments or a cal hazards a public hearing and provide forjudicial review of the rule; tent practa
- (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 Adrr of any such proceedings)of the impact of such license,in-42 USC 2022.
accordances cluding any activities conducted pursuant thereto, on the take mto ai environment, which ana'ysis shall include-topography,
"(i) an assesstr& of the radiological and non-42 USC 2022.
"Sec.275.
radiological impacts to the public health of the activi.
Tallir.p.-
ties to be conducted pursuant to such license; "a. A )
"(ii) an assessment of any impact on any waterway the Ad l and groundwater resulting from such activities; inafter i
"(iii) consideration of alternatives, including alterna-Rule.
rule,pi tive sites and engineering methods, to the activities to dardse be conducted pursuant to such license; and MillTa
"(iv) consideration of the long-term impacts,includ.
the pu, ing decommissioning, decontamination, and reclama.
and nc !
tion impacts, associated with activities to be conducted maten pursuant to such license, including the management of Radiat any byproduct material, as defincd by section 11 e. (2);
tailing-and Secret.
- (D) prohibit any major construction activity with re.
ingsR antto-spect to such material prior to complying with the provi.
sions of subparagraph (C).
consist 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 shalle 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 api Anre, 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 Ot )
amount collected by such State from such licensee for such purpose. If standards u )
such payments are required, they must be sufficient to ensure compli-42 USC 7911.
of Energy t ance with the standards established by the Commission pursuant Act of1976 i
42 USC 2201.
to section 161 x.of this Act. No State shall be required under paragraph with, stand I (3) to conduct proceedings concerning any license or regulation which l
would d'aplicate proceedings conducted by the Commission.ra agu t,
)
I wa n,.
anactmens of ms e 1
8%te tm $5404 (92 stat 3037)(i97s), arc 204 e)..oded a er. sube c. e m p to.
150 l
I i
1 4
ide procedures under "In adopting requirements pursuant to paragraph (2)of this subsectio,n h
with respect to sites at which ores are processed primarily for thetr y
e notice, for written source material content or which are used for the disposal of byproduct with a transcript, 42 USC 2014.
material as defined in section 11 e. (2), the State may adopt attematives g
xamination, and (including, where appropriate, site-specific alternatives) to the require-c chich is based upon ments adopted and enforced by the Commission for the r.ame purpose if, ination and upon the after notice and opportunity for public hearing, the Commission deter-s a
- bhccomment period mines that such alternatives will achieve a level of stabilization and con-eview; tainment of the sites concerned, and a level of protection for publis ovide an opportunity health, safety, and the emironment from radiological and nonradiologi-itten commenis or a cal hazards associated with such sites, which is equivalent to, to the ex-til review of the rule; tent practicable, or more stringent than the level which would be k
i has a significant im-achieved by standards and requirements adopted and enforced by the j
itten analysis (which Commission for the same purpose and any final standards promulgated
' the commencement by the Administrator of the Emironmental Protection Agency in 1
4 of such license,in-42 USC 2022.
accordance with section 275. Such alternative State requirements may uant thereto, on the take into account local or regional conditions, including geology, l
lude--
topography, hydrology and meteorology.22o 1 :
fiological and non-42 USC 2022.
"Sec. 275. IIcalth And Environmental Standards for Uranium Mill health of the nctivi-Tailings.-
> ch license:
"a. As soon as practicable, but not later than October 1,1982,22i
)ct on any waterway the Administrator of the EmironmentalProtection Agency (here-
.uch activities; inafter referred to in this section as the ' Administrator') shall, by l
s, including alterna-Rule.
rule, promulgate standards of general application (including stan-1 s, to the activities to dards applicable to licenses under section IG4(h) of the Uranium
]
ense; and Mill Thihngs Radiation Control Act of 1978) for the protection of j
)rm impacts, includ-the public health, safety, and the environment from radiological a
qtion, and reclama-and nonradiological hazards associated with re'sidual radioactive mes to be conducted materials (as defined in section 101 of the Uranium Mill Thilings
'the management of Radiation Control Act of 1978) located at inactive uranium mill by section 11 e. (2);
tailings sites and depository sites for such materials selected by the l
Secretary of Energy, pursuant to title I of the Uranium Mill Tail-Da aethity with re-ings Radiation Control Act of 1978. Standards promulgated pursu-bmg with the provi-ant to this subsection shall, to the maximum extent practicable, be l
consistent with the requirements of the Solid Waste Disposal Act, 3 any h.censee any as amended. In establishing such standards, the Administrator for the reclamation shall consider the risk to the public health, safety, and the environ-qtcrial,andif trans-ment, the environmental and economic costs of applying ruch stan.
m accordance with dards, and such other factors as the Administrator determines to 3 amended by the be appropriate.222 The Administrator may periodically revise any tier to the United standard promulgated pursuant to this subsection.
h licensee the total "After October 1,1982, if the Administrator has not promulgated or such purpose. If
. standards in final form under this subsection,any action of the Secretary 1 to ensure compli-42 USC 7911.
of Energy under titleI of the Uranium MillThilings Radiation Control Emission pursuant Act of 1978 which is required to comply with, or be taken in accordance
>d under paragraph with, standards of the Administrator shall comply with, or be taken in regulation which 88'Nblu Law 97415 (96 Stat 2067)(1984 sac 19 added tlus paragraph 88'Nblu Law 97415 (96 Stat 2067)(1984 sec.18 substduled October 1.1982* for "one year after the date of enactment of tlus secten
- aaaNblu Lao 97415 (96 Sim 2067)(1984 ass. 22 adshed tlus innsvage to sec. 275a 151 L
UNITED STATES NUCLEAR REOUI.ATCRY CSMMISSIGN RULES cnd RESULATIDNS TffLS 10. CMAPTER 1. CODE OF ptDERAL RESULATI0 ass-EssERev
- l ii i em COMMISSION NOTICES POLICY STATEMEN1%
AGREElWlENT STATES 4
de PR 76ee pub.I 36 878 which wu enacidia the would be compa'Ible with that of the Puasemed t/ sate 1 form of a new secdos to the Ato. ale NRC.The criteria were circuleted s' esse e 1/st/et Smergy Ast(Secuen 274)and appsowed among State. Federal saucles. labor Amendes by Pe pubinhed 7/ts/s1 by the president on September 33.1983 and ladustry, and other hternted ide PR asetel and 7/31/e3 las PR and amended by ub,f.36404 Foups for somment.
p 333701 approved November 8,1078.These 4.The criteria require that the Siete criteria are intended to indicate factore authority consider the total accumulated grggerla fw Suldance of States ang which the Commission latende to occupellocal redletion exposure cf NRCin Olesentinusnee of NRC consideln apprwing new or amended individuals.To facilitate such en RoSulatory at*d Aaaumption agreements.They are notlatended to appoech. Itle the view of the NRC that i
geroof by States rough Agreement Emit Commiselon discretion in viewing an overall redisuon protection program ladWidual agreements or amendments.
le desirable.The maximum ecope of gy NuclearSegulato'F la accordance with these statutory each Stste's radiation protecues f
provisions, when an agreement between piogreertis not, bewever, a necessary or Asviese: Statement of policy.
a State and the NRC le effected,the appropriate subject for coverage.in ine Commission will discontinue its criteria. Consequently, the criteria are l
guesi,4,,, g, y,g,, g, pig,7 Commission has revised its statement of '
reguistory authority within that State o!!ent on the qwetion of whether a State ever one or more of the following should have a total ryelatory program J
criMa fw piduce of materials: byproduct material as defined covering au sources radieuen, i
and in escontinuance of of the Act including those not subject to control by
,in Section tielt) byproduct material as NRC regulatory authority and (radiolsot e),
the NRC under the Atomic Er. orgy Act.
j 4
assumpties of regulato authority by defined la etion11e(2)of the Act such as m. rays, redium. accelerators, etc.
'*ilings or waies). source material (mill States through a ese t.This actionle
.eee
,y w.e("emiwul changes a
- r. Thue revind criteria provide for (ersalum sad thorium). special nuclear
. L (*g irste, an agreement for a update the poucy statement,le aDow meterial (uranium 233. uranium 238 and pora te category of materials. namely, Stales la ester into mente for low.
. level weste materialla permanent level wuk only, a locarpotek the
{o!utoalum)in quantitles not sumcient to disposal facilities. Dey also provide rm a critical roen and permanent f
heD Thaltessents of the and Ra& don CW diaPosal of low level weste containing new criteria for States wishing to one or more of the materiale stated continue regulating urenlum and thorium Ast of SNPt Adoption of thle polley wm above but not including miD tallings, processing and the wastes resultnf I
aDowlatenested States to esterime to with the NRC and regulate
- 3. An agreement may be effected therefrom under the prodeloos of the low weste sites only. Additionally' between a State and NRC:(1) upon Uranium Mill Tallings Radietion Contro!
Snese States that sneet the criteria for aertification by the Governor that the Act of1978 (pub.l 86 40s) after the regulauon of uranlum mule and State has a program for the control of November 8,1est.no revloed criterie l
radiation hasards adequate to protect also contain a number of editorial P.Aiage e eYt$rch regu!M the oblic bulth and safety with rupect changes such as changing AEC to NRC la t[e materials within the State covered whm appropriek to conform to present c 1berthrsalum Miu Tsuinas Radiationprovided ese sources bythe lew[mtdetausof th*
Centrol Act of 1878, as amended.
by the reposed agreement and the pr ce sb State stres to assume regulatory 9
De revloed statement of polibes'.
roSects the foD principal ruponsibility for such makrials; and (2)
We w other aspe & E L ModtScotion twien 27 o after a Anding by the Commission that Federal. State Relatione program should i
reement for the State program le te accordance with be addressed to the Omos of State
)
eBow a State to seek an afwaste as a the requiremente of subeection e of Programs. U.S. Nuclear tory the regulation oflow-leve section 274 and in all othe rupects Commiselon, Washington..C.30688.
separate estegory,dditional criteria for sonnpatible with the Commission's Crheria 8 l
2.lmelueton of a StMee to continue regulating program for the regulation of such gg,,
j eranianand orium proceuors and snatorials. and le adequate to protect the mal taDings aber November a.1881.
public health and ufety with respect to L Protect /on. A State reguletory
- 3. Sditorial and clarifying changes to the materiale covered by the proposed tro6 tem shad be daigned to protect the make the statement current.
agreement. lt is also necenery that the neelth and safety of the people against Datem nia policy statement is effective State have enabling leglelsuon radiation hasards.
)
Jemmary as. test.
authorising its Governw to enter into Radiot/cm Protect /on Saenderde 8 l
such an agreement.
pen puertwen espeauntlest ooerfasT' John F.E Omce of State programs, s.ne original criteria were published U.S. Nuclear latory Commission, on Much 34.1981(se FR 3637) afwr me mena== tat edsped a.rebruarr sua l
discussions with various Stote officiale gIay as.
m m
Washington, D.
30688, telephone: 301-ees.yygy, and other State representatives, to gi,,e n,%,,,,,,,,, %em,s,e,,
provide svidence and anletence to the naut sw =
at se us neparo sureuuewraev seweematime statu and the AEC (now NRC)in 7t=pwm ove*=nemen damm ackP.
L Hose critorie wm developed to devdoping a reguidory program which esiesuwe su moeuene and su s.,wm haplement a program, authorised by wG em==wat w en eriene mee we ENCLOSURE 6 j
pS.AG 1 O C 29,1996
h POUCY STATEMENTS 18 sender
- The State regulatory and manifest erstesl eben be la authortry shallbe authorised la program shad edopt e set er standards socordance with to CFR 30.
Individual caps to impose additional for protection against radia6on, which he weste disposal standards shall reautrements to protect hee!th and shall apply to byproduct, source and include a weste clawificeuen scheew safety, or to grant necessary exemptions specist nuclear materials in quantides and -Z : for wests form, which wiu not jeopardine health and c
not aufDcket to form a critical mass.
applicable to weste generatore, that is safety.
tyla i tio I v lent to that contaleed la 10 CFR priorbaluation of Uses of Aodioactive M8"##828 technical deflaluona and tenminology.
from)ekt persone.De State shall(b land disposal of wate received 13.7tlerboluotion ofNasorcle and pert 6cularly se related to such things as units of measu*ement ecd todietion utgate uone containing uses, heeptions. la the present state of dove.There shau be uniformity on ing reg enta forland disposal knowledge. it is necessary in regulating usazimum permissible doses and levels of radioectiw weste pocolved bom other b posseulos and see of byproduct.
of radiation and concastrations of persons which are tible with h source and special nuclear materials radioactivity. es Axed by Part 20 of the applicable tscheleet
- tiens, that the State regulatory authority NRC regulations based on officleDy perfenmence objecoves, technical require the submiselon ofinformation on, and evaluation of. the potential approved todiation protectier. guides.
requiremente end appiable supporting hasuds and the capability of h user or
& Toto / OccupotiosolRod/ orion sections set forth in 10 fAR part St.
hposure. N regulatory authority shall Adequate financialets (unda possessor pHor to his receipt of the consider the total occupeUonal radiation terme established by reguletten) shau be materials.Ms crueden is sub)nt to exposure ofladividuals including that required of each weste disposal alte certain exceptions sna to continuing boss sourses which are not regulated by I'ceasse to ensure eufRcient funds for N*ppraisal es knowledge and 3.
decontaminadon. eleeure an,t experience in the atomic energy field S. Surveys. Mon /torhqr. Appropriate etabilisation of a disposal:
increase. Frequently there are and l
earveys and personnel monitoring under addities. Agreement State rt h.hl increasingly in the future thus may be.
j the close supervision of technicauy arrangements for long. term monitoring categories of materials and uus a: to asespetent people are eewntialis and maintenance of a specific site must which1here is sufficient knowledge to achieving rediological protection and be reviewed and appresed by the permit powession and use without prior evaluation of the hazards and the shaU be made in determining Commise.en prior to tellegthe alte capability of the possessor and weer.
esopliance with sefoty regulations.
operator of lleensed r - -zality
- 4. Im&ols. Sist.s. Symbols. It is (section16t(e)(3). pub.L e7 s25).
These categories fallinto Iwo aroups-those materials and uses which may be, desirable to ach! eve uniformity in labele, signs and opnbols, and h completely exempt from regulatory centrols, and those materials and uses posling thereof. However. it is euential in which sanctions fw misun an that there be uniformity in labels, signs.
meintained without pre-evaluation of and opphole emmed to radioactive products which are transferred from the individual possession or use. In person to persen.
- 10. Aepu/otions Cowr'Inf Shipment authorizing rowarch and developrnent Aediooctive Moserio/s. The State or other activities involving, multiple
- y. Instruction. persons working in or e[all to the extent of its jurisdiction uses of radioactive meterie... where an bequenting restricted areas 'shau be instructed Mth respect to the heahh promulgate regulations applicable to the instituuon has people with extensive risks associated with exposure to shipownt of radioactive matuials, such traming and expenence, b State podioactive materials and in precautions agulations to be compatible with those regulatory authority may wish to r
to minindse exposure. Workers shall established by the U.S. Department of provide e means for authorizing broad have the right to requwt regulatory Transportation and other egencies of the use of materials without evaluating each i
authority inspections as per 10 CFR 18.
United States whou jurisdiction over specific use.
section 19.13 and to be represented interstate shipment of such materials 14.Evoluotion Criterio In evaluating duringlaspecticos as specified in necessaruy continues. State regulations a proposal to use radioactive materials, section 19.14 of to CFR 10.
maarding transportation of.rsdioactive the regulatory authority shall determine
- a. Saorere. Useased radioscuve mainials must be compatible with to the adequecy of the applicant s facilities meterialin storage shall be secured CFR part 71.
and ufety equipment, his training and eseinst unauthorised removal.
- 11. Aecords and Aeports. & State experience in the use of b materials latory program shall require that for the purpose requested, and his mfdets and users of radioactive proposed administrative controls. States S. Radioactive Weste Dispoul.
bo (a) Watte disposal by material muro.
materials (a) maintain recorda covering should develop guidance docements for
& standerde for b disposal of personnel radialion exposures, radieuon use by license applicants. this guldence soi sh)lh surveys, a d disposaleof meterials:(b) should be consistent Mth NRC licensing.
and w u el hi eeoordanee with to CFR port 30.
Hp newds of h mesipt and trenefor and regulatory guides for various Heldere of redioecove mekriel dairW of th8 #8t"I818: (C) MPort manificant categories oflicensed acuviues.
to release or dispon of quantidee or incidents involving the metuials, as 1L Numan Use.The use of todioacuve I
sencontreuene of radioacuve materiale trescribed by the regulatory authority:
maierials sad radieuon on or in humans in eneses of prescribed lisuts shell be d) make avallable upon request of a mil not be permitted except by Wy wshSed persons (normally seguised to eDtain special poimiulon
- ormer employee a report or the hem the appropriate regulate y ernployee a exposure to radiation
- (e) at be:aed physicians) poueuing eetherity.
request of an employee advise the prescribed minimum, experience in the j
V rts for transfer of weste for employee of his or her annual radiation use of radioleotopes or radiation.
the rpose of mitimate disposal et a emPoeurs: and (f) Inform each employee j,.p,,,j,,
disposal foollity (weste transfn in w7itmg when the employee has j
received radiation exposure in excess of 18 *\\rPose.Enquency.The e swinewd me suu..e e,e u.m i.
the prucribed limits.
possesson and use of radioactive wedsk # s w.r4a tg uw heeuw r, ow pyyn, 11 AWitionalAeguimments and materials shall be subject to inspection er mannen ym=cu
.t widmanu s,...., a Kremptions. Consletent with the overall by the regulatory authority and shall be NUYI.a'.".".
critnia here enumerated and to sub}ect to the performance of lests. as e enm ehb.d e ne.7. """d*.YO*d i n n.m m.
eccommodate special caen or nquired by h teguletory outhority.
1 seWasansa basse een to we epwi es a mowud circumstances, the State regulatory inspection and testing is conducted to determine, and to easist la obtaining.
Septentber 29,1996 PS.AG.2 j
Y
POUCY STATEMENTS esseemente ebeeld include iglast falEselegy Jaefrvae*8e8488 redselegicalsafety aspects in (b)Envireamestale5ests of alle as.The State should have evenable esempetiemal er seetreated areas and properecem and featht) enestnicuen se both neld andleberatory aestreamentallmposts to tiene is enversament and biota:
Instrunwntation sufncient to easme the unrestresud eroes tem Environsnental efects of ese and innue's control of materials and te (g)It is abatIbe Ge wlB of chemicals and fuele: and vaudate the liceam's measurements.
- esvlow, and provide Id) k and assiel aflects.
a.The State win embelt its het of documenteties of diese evaluedoes.
c.Aupeedene instrwoontation to the NRC for review.
".eas widd abeeld be evalasted are:
(1) As a miningmitems which ebeeld Arrangemente ebeeld be made for proposed estynees:
be inspected orincluded doisnt the calibreting such equipmeet.
proposed action; loepectioe of a uranium mill shield b.1.aborotary type instrussentation I
estivities to be senducted; adhere to the itene evaluated hi the in. -
should be avaliable la a State spncy or i
tive procedwee:
plant safety review. The princip sJ leems through a casamercial service which has FeeGity ersaaleation and
. d forinspostion er r.
the capability for quantitadvs and 1
l
~ ?_ '.1 safety reopensibihties.
(al Administreuen:
quelltsuve analyste of redonuclides motherities, and pereoanel (b) Min circuit. including any eseactated with natural uranium and lie spanhamatlema:
additions, deletions, er circuit changes:
decay chain, primardy: U.338 Ra 226, (f)Lieersee sette and inspections:
Ic) Accidente/1acidente:
Th.3ao pb.230.and An.222.la a variety is) Radiation safety training programe ld) part te er equivalent requirements of sample media such as will be for werbers, of theState:
encountered toes an environmental (b) Reesties safety program, sentrol (a) Act;en takaa en previous Andings:
sampling m.
and meal (f) A mill tour to deteronine Analys and data reducuon from D)Ree aree marklage and compliance with regulations, and licones laboratory analytical facilities abould be aseees sentmk eenditions; avellable to the licensing and inspection
- 0) At existing mille, review of (g)Tallings westa management in astherities in a timely manner, maaltarias data.amposwe records, accordance with regulations and license NormeUy, tlw data abould be avausble lloonees audit and inspection records cond!tiene (see NRC Reg. Cuide 3.11.1):
within 30 days of submittal. State and ethat records applicable to exie%
(h) Records:
acceptability of quality soeurance (QA) seille:
(i) Respiratory protection in programe should also be estal,liebed for
[k] Environse. ental monitorin accordance wiu, license conditions or la the analyticallaboratories, radiological; y procedures. g; li) Esnergenc CFR part 30.
- c. Arrangermente should slee be ll)T.ffluent and envitenmental completed so that a large nuesber of (m) product transportation and monitoring-e in a variety of sample media (n) She and physical decommissioning (k) Training programs:
res ting from a eisjor acticent een be procedures, other than tailings.
(1) Transportation and ehlpping.
analysed in a use freme that will allow (e) Employee exposure data and (m) Internal review and audit ey timely decielone to be made regarding biensay pmemme.
snanagement public beelth and safetyld be made to b.EnvirotuneAtalAsseesment in Em): Interview;and
- d. Arrangemente shou 1 ne environmental evaluation eb(eu)ld conslet of a detailed andh Final written report documenting letpate in the Environmental hecuan Abency guality soeurence documented evaluauon of the following the results of the inspection and Dndings on each item.
program for boratory performance, l.ans-(2) 'n addition, the inspector should e )TopograpM a
perform the following" Cooleer.
(a) Independent surveys sad
{4_a:lydrog and water quality; sarapling ional guldance le contained R
(3) AdJit i
e Rechgroerdredieuog:
in appropriate NRC regulatory and l
f)Trilings retenUee system:
inspection giddes. A sostelete
- 3) Interim etabihastloa, reclamatica, ggp, con should be performed at leest and Site Decc,mmiseloalog program:
once rer par.
Ib) Radiological Dose Assessment
- d. 0;crot/onalDetelierie*
1IJl Source ter:aposure pathway requiremente required by the regulations 11 Je (1)In addiuon to the reporting lau Dose sommitment teindividuale et license sondit'one, the licenses w0l i4 Does casuallment la DepuleUone submit la writina le the regulatory 15,1 Evaluation of redir Noelimpacts agenc within g6 days afterJanuary1 blic ne laelude a 4elermineWen b the y:i.ance with Stata and Federal andj 1 of each year. reports of comp spect the quanuty of each of the attene and comparteens with princt dienuclides released to values unrestricted areas inliquid and in
)
tieest dose geseous effluente during the previous ela
)Rae cal hapset tobiets other sonthe af operstlen.nie data abaB be man reported in a manner that wCI permit the Ig)Radlologicalmenit programee regulatory apenay to eenann the 3
pre.eecupational and opers potential annual rediatise doses to the (t)leipacts to eurfees and
- pobus, youndwater, both quality and quantityt (3) Ag data som the redialeglest and gl Environmental e5este of see6desta; no.,ogeleginal eav. _ _ _----
888 monitettag program wlB ales he (k)Evaluelles of taGinge management submitted for the same time periods and alternatives ha terme of regulations.
frequency. The data will be reported is (e1The States are eneeuraged to a manner Ibat wiu sUow the regulatory esamine the need to espand the scope agency to esaform the dess to reesplore.
of the asseeement late other areas sueb as:
s.p w e.rse, sees ps me i
1 PSLF ""TATEMENTS l
discoettnw me of jwtediettee, eheuld be made forthe reelemauen er other Landed activity has j
oppropriate arrangesunts will be made resegniden of State beenese been performed, funds for the purpen by NRC and the State to enews that Fedwalbeennesla meanseden with we not to be tremierred W b FWwal there willbe no interference wtth or out.et the.jwiediction operstless by a Govunment.no funde eeneskd by the j
interrupuen of heented activities or the State er Fedwal Useasse.
Suk she5 be seinsleet to snowe processing oflleene a 30,#ACedMrie/Knor57 seenpliance with the reguleuses the reason of the trenefer. ppliestlena, by For suample, one Centresters.DeItata should provies Commission establishes pwoment to j
spprossh miaht be that the State.la enemptions for NRC and DOE Seeuen te1X of the Atomic Energy Aet.
assuming jurTedicuen, seuld reessnise sentreetore which are tubstantiallY
- d. In the leeuenese of beenees, an end continue in effect. fet ta equivalent to the fellewing exempuens:
opportunity ter w,ttten assunente, appropriate period of time under State
- a. prime contrastere perforslag wwk public heartog (with transertpt) and la w, enleting NRC licenses, including
$st the DOE st U.S. Government owned erose esaminatiesle btred.
heeness for which timey appliestions er sentroDed ettest e.In the lesuanees ase, a j
q for ter,4welhave been nied, eseept b Ntme oestreetere performing ver:ttrn a 9.tminaties of the action to be where good coun warrants the earlier
,e ee,shla,ordevelopment, LAen be. J vpen evidense pmested reenamiristion er terminauen of the manufacture, eterage, testing, or
- a i"*public essuneet period and during the 3
'"Rh.,, m ur,a
-- -aan d ama ->--
i=>**i-*wa
"n > e,see.,ee g:;-
.E'2"In'n"at'.st:Fied?taa M,,,e,,aE, e=o.:, tug *-a=
- g:*es,,e.e.,ed u,,*m,.,.
t eg ieie ice,meu d,,
a U.
ve,m.sa,.ewne, connwuenu.en.au eem.neein e ice,ance of
,e,, lee,,esset.and
- 3. An e,,e, ui e,rovud regv!stions and licenses or
- d. Any othw prime centractor er for public participation through writtes authorisations, inspect'on oflicensees, subcontractor of DOE er NRC when the somments, public heariage, and jud,alal a
reporting ofincidente and vfelations.
State and the NRC lointl determine (I) wview of rules.
and tralning and educeuen groblems, that, under the terms of the centract or legislauen. enactment of any su
- 30. In the 27, Comge. AmeMmen uste e State ebeuW take to Aet/ proc /ty, An agreement prov! ding for subcontreel the.re le euuruce k' e work munder saa account the reservadens of authority to 2
I discondaeance of NRC regulaterF be secomplished without madue risk to the U.S.la UWlCA as stated in 10 CPR j
outhwity and the summption of the pub!!c health and safety and (U) that 180454 and summarised by the story authority by the State may the esemption of such contracter er ieuewing:
n ste to any one er mon of the subcontractor le authorised by law, s.The metablishment of minimusa i
following categories of materials within standards governing reelemasse, leap l
the State, se oestemplated by pubuc Adatlesal Cetteds for States Regulatla8 term survenienee er malatenance, saa law emf 3 and public law eMoe:
Ursalum er Thorium processore and ownerehlp of the byproduct material a.Sypredact materiale se detaed la Westee Resultlag nerefree AAer b.ne determinsuca that prior to the section11 eft) of the Act, November 8,less terminados of a license, the boensee has b.Syproduct materlate se de8aed la
- Aseiph, complad with decontaminases, section11e(2)'ef the Act, decommissioning and reclamation
- c. Source malwlala,
- 30. State statutes or duly promulgated sundede, ud ownwahlp requiremenu d.Specla! muclear materiale la reguladone abould be enacted,if not for sites at which byproduct materialis quanuties not sufScient to form a alread in place,to make clear State i
er10calmass, auth to carry out the requirements C,,g, ne requirement that prior to
- e. Low-level wastes in permanent orpubb LaweMoe.UraniumMiB
,, Tminauen of an license for byproduct es I facibues. as defind by statute Taillare Radlauon Control Act a skrkL m ddlad la Secues tu.(2).M er meleales rules or regu ations (UMThCA) as foDowe:
% Atoede Energy Act er for any eestaining one or more of the materials
- a. Authority to regulate the tallings or M:Hvity that realta la the production of stated la a, c, and d above but met westes produced by the extrution er -
such meterial title i., rock byproduct i
incloding byproduct material as deflaed eencontration of uranium or thorium material and the die al sha be he Secties11e(2)of the Act; trom any ore processed primaruy forits tremferred to the F eral Government l
but must relate to the whole of such neuroe materialcontest or State et the opuon of the State.
estegory er estegories and not to a part
- b. net an adeguate surety (under provided such opuon is anarcised prior 4
i of any category *1fless than the Ave terme established by regulauon) wGl be to te.rndnadon of the licensa.
estegories are included la any provided by the licensee to escure the g, Ihkrity w require enh l
escontinuance of jurisdictica, completion of allmquirements monitoring. maintenance, and euentinuanes of NRC regulatory establkhed by the (cite appropriate
,,,,,,y,,,,,,,g, g g,,, g, euthority and the assumption of State agency) for the decontamination, hrmimkd u monary 2 proud b maulatory authortry by the State of the deconvaleolonlag, and reclamauon of public bulth and safety for those ethwe may be sesompushed eftes, structures, and equi 9ewnt und la matukh ud proputy for which h i
subsequently by an amendment er by a eenjunction with the generstles or State has assumed cutody pursuant to j
laterayeewent, deposal of such byproduct material pub L S H ot.
j The agreement may incorporate by
- c. Ifin the States' licensing and e.The authority to paredt use of the reference provisions of other documents, regulauen of byprocect material er of surface or subourface estate. or both of lacluding these cHierta, and b any activity wuch produces act the land treneferred to the United States agreement shah be deemed to materialthe State collects from or State pursuant under provision of the incorporate Mthout spec!Ac rderence the41eensee or its surety for leig. team Uranium Hill Radiation Tallings Control the alone of pub. L GHft and pub.
surveillance and maintenance of such g,g, L
and the related provielene of material the total amount of the funde f.no authority to exempt lend m Aioma Sn.gy Act un.cied by the Saie shall be o ny,bi, t,anerer neui,em.nis of transfered to the U.S. If entody of the Section 83(b)(1)(A)
-..e.NNNii.o ed.f han een lt le preferable that State statutes 31.
W,le.s of a
e trod t Fd in ne ions.fSecueng a e n= samp Att s.u. mended afw$evembw Covernment upon terminellon of the pgg Ag, g g ggg,,ggg,,gy gg
.. a ao m
eA a 188,=p.ressat w PA.t es ess sur ebwe State licenes. (See to CFR 150.32.)If no glih,d b,, 4,%*a *f M,N,6 d
m r.,w,g,, =.;y g.
ddeuti ho occurred ar.d ihe
,,, n Septefftber 29, $$$ -
PS AG 4
- -.. -. - -. - - - - -. - ~ - - - - - -. - - -. -. -.... -.. _ - -. -. - -...
l PCUCY STATEMENTS l
semplienes with segulaterF of evalue6es and inspection of e5 of the Specia/ Nuclear Meterial. Source s
seriene eene of byproduct. ooeree and Noterialand Tritium i
Pagansy ofinspecties sheB be special sueleer material which might y,,f,,,y,,icas Applicable so Special
- 21. Condif j
solens direedy to the amount andIdad eene to the story body should have
,7f, 3,,re,yes,fj,fand simeheial en ofopemeen esbotandal andenweel" Triuum. Nothing in the State's i
i heensed, ed le he adegeste h experience la the ofradiation regulatory program shaU laterfere with i
lesen,_=-ph==,
prote tion. It is desirable that such a the duties imposed on the holder of the i
abeB be adw obHgenen bygW person beve a bechelor's doyee or materials by the NRC, for exemple, the 17.
m ----.
equivalent in the)b er Efe duty to report to the NRC on NRC i
i P"U' aceses,k science,and a trainiste-rediation prescrthed forros (1) transfers of special i
1& m-8f pekcdosh nuclen material, source material and Weese am sodded W h It le recogrdsed that there wlD also be tritium, and 2) periodic invento data.
1
,edvloed of the meuha oflaspecuona and persons la the program performists a 22.Sg acio NuclearMolerial fined.
e sedes as to wheter er met eey an in men limited fengtiaa in evaluation and special suelear materlat in quantitles i
?- - Dese persons will perform not suf! clest to form a critical mass, for i
a-the' day to< lay work of the regulatory pres 6nt purposes means utenlum
-~ ",mforcement peoussise,,g w program and deel with both routine enr Jad in the isotope U-235 in it1 ettestions as we2 as some which wtB be quantities not exceeding 350 grams of of re&esch materials M k out of the ordinary.Dese reone contained U-235; urenlum 233 in N
sbocid beve a hechelor's se quantities not exceeding 200 grams:
d stwy g
-- --. la the physical ife plutonium in quantities not exceedm, g
- 1 shall be equipped or assisud by law scien'ces, tr,ainin,,g in beelth[ectual work hyeles, and 200 g ams
- or any combination of them with ee secouary pm for pmmpt
,,,,,,g,,,jy
,y,,,,,
in accordance with the followin1 enieroo m s ma formula: For eoch kind of specia experience in the Bald of radiation tt M hw d mdm protection, nuclear material, determine the ratio
%eforegel are considered betwun the quantit of that special desireble qu.3 cations fo,ihe siafr who nuciear maierisi.nlihe qu.ntii, 8*9"I88 *
' N **U**
- r or revocation of the right to willbe responsible for the actual specified above for the same kind of 7
da ining performance of evolustion and speciel nuclear material.De sum of an Um in addWu thm wW i
af injuncove relief, and the imposing of p[ ably be trainees associated with the such reum fw all of the kinds of special nuc! ear material in combination should civil or criminal penalties.
regulatory program who will have.an not esceed 'T' (i.e., unity). For example.
j Artsonnel academic background in the physical or es foHowing paaudes in combloadon
~l
- 30. Quellficatione of Argulefory and life sciences as well as varyingsmounts muld at eM 6e haluh and am Jaspecsion personnel ne regulatory of spcific tral in radiation within the formula, as fouows:
agency shall be staffed with sufficiat protection but litt e or no actual work trained pmennel, prior evaluation of experience in this field h background 175(graoscontainedU-235)+
epplications for licenses or and specific training of these persons 4
senhorissuees and inspection of wGlindicate to sorre extent their M0 l
bcenues must be conducted by persons potential role in the regulatory program.
peneuing the training and experience These trainees, of course, could be used 50 (grams U-233),50 (grams Pv),g mlevant to the type and level of initially to evaluate and inspect those 200 200 rodioactivity in the proposed use to be 8pp!scations of radioactive matwials N
s nde d a e da be (This definition is subject to change by 1
waluokd and inspected.%ia mquW competency to evelvete various sundpoint, for exampk hmlion c future Commission rule or regulation.)
j 4
calhas P'"*
h",d g ny d
industrialgauges smallresearch uministration.
i g
radioective material and includes programs, and diagnostic medical rJ. We pre:tices for assuring the fair I
concentrations of radioactive meterials pmgram. As Sey gain experience and and impartial administration of O
mm compkx y,8 y, [ d te uktory isw, including provision for
[*,P'[p" l
In air and weter, conditions of slRelding.
,,3 the makir.3 of radiation measurements, euh typn g puslic participation whm appropriate.
knodedge of rediatioo lnetrumente-redsoective material epplications. It is should be incorpora ted in procedures the sekcoon, m and calibreh-duirable that such trotnees have a I"
laboratory dwign, contamination bechela's de or equivalent in the sJwinuladon ofruin ofsmeral control, other gewral principles and physicalor li sciences and specific 8pfApproving or denying applications cabum l
proctices of radietion protection, and training in radiation proketion la im hewn or auscrisabon 2 pusess ese of management controle in assuring determining the utrement for and ue redioacuve materials, and 1
cdherer.ee to safety is-i. la order i
academic training fl di iduals in all of eensideration E,, o a v c.T.lln i
g, g pgn,,
,,g,p,,,
bcens. s disciplinary actions agelnet to evoluste some complex cases, the State regulatory staff may need to be be given to supplemated try conomhante er othe' equivalent competency which has been Arroyements ford /aconfinder NAC
+
Stak agucles with emptlin asy' gained by appropriate technical and Arisection
$nfr$d&W
'* Q ** **\\****s* y f,,
u.seone Aseneyasjs noeten.m ate uld indicou ich agency or
-w.rforan the func6ene involved la To pe mete.riale sInd t. heir use.s are se varied aga-W h- -*-ar I--g.
4 ee and w,ecuoo a de*e*
6.t e e,else e. sa ins,em l
est them be preonnel edoested and functions wtB esiquire skills and hCwi 8 8u8nmary d the Ja!
trained la the phyeloal and/orlife experience la the different disciplines authority.%ere should be ascmces l
eciences, lacluding biology, abemistry, which v*'!! not always reside in one beve and
$$e mpo I such lifs e
- "d may dukeW est 6m be a 1
esperleses la rediatloc protectiest For in its emple'y or at its comunend, not
- i,
- ' d Estample, to peroom who wiu be enly for routine functions, but sko for 2
is an mpeastle for te actual,- _ _ __
emersucy ces" Arrding Applicouens. In effecting the PS.AG.3 September 29,1996 l
4 i
POUCY STATEMENTS
)
M6eesehenh obedd belude b-plant (a) W Imitw***M 1
sedlelogleal esfety aspects in (b)Revironmentale5ects of site as,ne State should have awaable escupetteest er sestricted areas and peparation sad facility osastrucuan om both field and laboratory
)
i environmostallopects to tiens is savtreament and biota:
Ir.strumentation sufficient to ensure the meestricted asees teos (c) Invironssental effects of nee and Ikeness's control of materials and to (Illtis est the to wGl discharge of chessicals and fuels: and validate the licenwe's measurements.
l soview, ove and provide (d) Emmaands and andal effects.
a.The State wG1 subsmit its list of desumsntaties of tese evolustless.
- s. ?. " ~
lastrwnentaties to the NRC for review.
he(1) As a minimen. iteses which should Arrangements abould be made for j
tions which sheeld be evaleated are:
inspected orincluded dwing the calibrating such equipment.
, a; pnposed settvities IbI peepeeed action tarpection of a nranium mill should -
- b. laboratory.typ instrumentation asevitfee to be sendo:ted; adhere to the items evaluated in the in.
should be evadable in e State egency or i
i i
I eveprosederee:
plant safety review. The principal items through a casusercial servios which hee
' '
- y sogenisetlea and recomed forinspection ero:
the capability for quantitative and Phenit s
-l esfety reopenenbuttles.
(a) Administration; qualitauve analysis of radionuclides sothertiles,and perosenet (b) MiB circutt, including any menciated with natural uranium and its i
geallhostless; additions, deletions, or circuit changes.
decay chain, primergy: U-sas. Re.220.
j (f)IJeensee sette and '. f- -
Q) Accidents!!acidtr.ts:
Th.330,pb 210 and An.222,in a variety Igl Radiation safety training programs W part 13 or equivlent regairements of sample media such as wiU be Ger workers; ef La State; encountered kom an environmental 1
(b) Radiaties os.fety program, sentrol (e) Actwo teksa on prek,J.adings; sampling program.
andmisel (f) A mill er to determine Analysts and dets reduction from li)Ree ans marklage and sempliance with regulations, and license laboratory analytical faciliues should be j
eesses sentrek eendluons; avellable to the licensing and inspection j;
(1) At entstieg mula. review of (3) Tallings waste management in authorities in a timely manner.
maalterias data, exposure reeerda, accordance with regulatione and license Normally, she data should be avausble j
hasases audit and laspection records.
cond!tions (see NRC Reg. Culde 3.11.1);
within 30 days of subenittal. State end other records appucable to ex! sung (h) Records; acceptability of quality assurance (QA) mula:
(i) Respirato.y protection in programs should also be established for
}
(k)Envitesenestelmonitoring accordance with license conditions or 30 the analyticelleboratories, t
(1) Emergency 7::ie;.
CFR part 30.
- c. Arrangerments should also be l
rediological:
(J) Effluent and environmental completed so that a large number of (m) product transportation: and monitoring samples in a variety of sample media 4
(a) Site and sical decoramissioning (k) Training programs:
resulting from a meJor accident can be procedures, ogthan tallings'and (1)Transportauon and shippinh anal d in a time frome that will allow bew(e) Employee exposure data (m)Intemelreview and audit F uso decisions to be made regarding ouy pngrama, management publ health and safety.
t i
i b.Environmense/ Assessment hn Exitlaterview:andrinal written report docuewallas etpate in the Environnwntal
- d. Arrangements should be made to 1
J e environmental evaluetion docume i d e[ao o this!!owing se mu a of e imPC D ecuen acy quamy assurance on each itess, program for boratory performance.
items:
(s)'n addition.the inspetor should (a)Topographys perform the following i
Cool (a) Independent surveys and and water quality; semplir J.
- Hy/.- : -
(3) Addluonal guidance is contained i
1 i
l Backgrerdredletion:
la sppropriate NRC regulatory and l
Tallings retenues sydtem:
Inspection guideo A cosplete Interim stabutaaties. reclamatloa.
gne.v con souh! be priormed atleast Site Decommissioning program; odc et par.
lblRadiologicalDoes Assessment; d.
crotionalDote Aer/tw 11?Souros terms (1) addidos to the reporting s? Exposure pathway neutresents required by the reguladens l
e 3iDose commitment to individuals orlicanu condluons. the licensee wul l
4 Does camadtment to populations submit in writine to the regalatory 2
I 8; Evaluation of radiologicalimpacts og within tildays afterJanuary1 l
2 the public to include a determination a
1 of each year. reports etremplianes with State and Federal spect the quantity of each e(the l
regulations and eenparteens with prinet dionuclides released to
'L
' values unnstricted ones in liquid and in (g) Oecupausealden gesecius effluents during the previous six
&a(F) Radiologiest impast to biota other -
months of opereuon.This dela shad be l
reported in a manner that w0l permit the n man ls)"?:': ':-l meeltering programa.
regulatory egency to conArm the pre escupetlesal and operational potential annual redieuon deoes to the (t)lapects to omfece and pubbe.
M emisYeNN d.,e$lepeYanI"-
aber.e.si.e.se er massg-s
- g'-art.0"ta',eriods and i
mv es meras of,eguis-f,e,venc,.m dais wm be re, ort.d in (a)m Swim an en to amanneres welenowa.mgulamer 4
esamine ibe need to oeope agency to conform the dose to receptors.
etIba anessment late eseassuch as NN 4
\\
r l
s 1
04/08/97 13:48:05 10 CFR 171 NRC - State Report MN - 1996 Liccnse Name License No.
Invoice Id Billed Amount
......r......
TRI-COUNTY HOSPITAL 22-18921-01 AM3879-96 4,300 CAMBRIDGE MEDICAL CENTER 22-18989-01 AM5627-96 4,300 SYNCOR INTL. CORP.
22-19174-01MD AM4626-96 5,200 DEPARTMENT OF THE INTERIOR 22-19667-01 AM2757-96 5,100 NORTHWOOD PANELBOARD COMPANY 22-20033-01 AM6221-96S1 1,600 ST. FRANCIS MEDICAL CTR.
22-20034-01 AM1776-96 4,300 SMITHKLINE BEECHAM CLIN LABS.
22-20069-01 AM3321-96 1,600 CHAMPION INTERNATIONAL 22-20140-01 AM5038-96 1,600 AMER ENGR. TESTING, INC.
22-20271-01 AM3322-96 1,600 BSI CORPORATION 22-20307-01 AM6215-96S3 1,800 STS ACQUISITION COMPANY 22-20413-02 AM0444-96S1 1,600 PILLSBURY COMPANY (THE) 22-20484-01 AM2763-96 5,100 CHILDREN'S HEALTH CARE 22-20499-01 AM2755-96 7,200 GME CONSULTANTS, INC.
22-23402-01 AM3331-96 1,600 MCGHIE & BETTS, INC.
22-23403-01 AM4440-96S1 1,600 USG INTERIORS, INC.
22-23428-02 AM2761-96 1,600 NORTHRUP KING COMPANY 22-23522-01 AM3330-96 5,100 FAIRVIEW RIDGES HOSPITAL 22-24306-01 AM2753-96 4,300 SYMCOR CORPORATION 22-24309-01MD AM4653-96 5,200 MINNESOTA VALLEY ENGINEERING 22-24393-01 AM1305-96 13,000 HEALTHEAST ST. JOHN'S HOSPITAL 22-24441-01 AM2751-96 4,300 COLD SPRING GRANITE COMPANY 22-24656-01 AM3335-96 1,600 RES. & DZAG. SYS., INC.
22-24658-01 AM3327-96S1 1,800 NORTH COUNTRY HOSPITAL 22-24742-01 AM5039-96 4,300 INSPEC, IHC.
22-24809-01 AM1296-96 1,600 CHILDREN'S HEALTH CARE 22-24975-01 AM5628-96 2,900 LAKE SUPERIOR PAPER INDUSTRIES 22-25821-01 AM5640-96 800 BAUERLY BROTHERS INCORPORATED 22-25878-01 AM2231-96 1,600 COMPUTER DEVICES INTERNATIONAL 22-26005-01 AM2229-96 2,900 NORTHEAST TECH SERVICES, INC.
22-26012-01 AM2762-96S1 1,600 CONST. ENG. LAB., INC.
22-26021-01 AM2758-96S1 400 ST. MARYS HOSPITAL 22-26031-01 AM6218-96 9,500 MEDTRONIC, INC.
22-26047-01 AM3875-96 1,600 UNITED POWER ASSOCIATION 22-26048-01 AM3871-96 1,600 CONSULTING RADIOLOGISTS, LTD.
22-26060-01 AM3873-96 4,300 BRUCE A. LIESCH ASSOC., INC.
22-26167-01 AM3876-96 1,600 SOUTHERN MINNESOTA SUGAR 22-26206-01 AM5037-96 1,600 GENTRA SYSTEMS INCORPORATED 22-26217-01 AM0443-96S1 400 TRUS JOIST MACMILLAN 22-26223-01 AM5642-96 1,600 LAKEVIEW MEMORIAL HOSPITAL 22-26244-01 AM6209-96 4,300 INDEPENDENT TESTING TECHNOL.,
22-26309-01 AM3878-96 1,600 VIROMED LABS. INC.
22-26376-01 AM2754-96S1 1,600 FAIRMONT COMMUNITY HOSPITAL 22-26382-01 AM0447-96 4,300 GEORGIA-PACIFIC 22-26411-01 AM3337-96 1,600 KOCH REFINING COMPANY 22-26468-01 AM2752-96 1,600 WENCK ASSOCIATES INCORPORATED 22-26490-01 AM3872-96 1,600 ALZA CORPORATION 22-26528-01 AM0886-96 5,100 LAKELAND BIOMEDICAL 22-26554-01 AM5631-96 1,600 ENCLOSURE 7
04/08/97 13:47:27 2
10 CFR 171 NRC - State Report MN - 1996 Lic nse Name License No.
Invoice Id Billed Amount NORTHWEST AIRLINES INC/MINN-22-12080 01 AM1769-96 13,000 TSI, INCORPORATED 22-12602-02 AM2228-96 5,100 TSI INCORPORATED 22-12602-03G AM3870-96 3,500 UNITY HOSPITAL 22-12614-01 AM1297-96 4,300 MINNESOTA DEPT. OF TRANSP.
22-13006-02 AM3867-96 1,600 ARROW TANK & ENGR. CO.
22-13253-01 AM3866-96 13,000 EPA / NATL HLTH & ENVIRON 22-13390-01 AM6217-96 5,~100 ST. MARY'S REG. HEALTH CTR.
22-13487-01 AM0449-96 4,300 POTLATCH CORPORATION 22-13502-01 AM0887-96 1,600 NORTH STAR STEEL MINNESOTA 22-13590-01 AM2227-96 1,600 NORTHSHORE-MINING COMPANY 22-13759-01 AM5035-96 1,600 SANOFI DIAGNOSTICS PASTEUR INC 22-13838-01 AM0883-96 5,200 SANOFI DIAGNOSTICS PASTEUR INC 22-13838-03G AM5629-96 3,000 SANGFI DIAG. PASTEUR, INC.
22-10000-000 AM0000-00 0,200 VIRGINIA REGIONAL MEDICAL CTR.
22-13867-01 AM1304-96S1 400 CLIFFS MINING SERVICES COMPANY 22-13873-01 AM1301-96 1,600 HIBBING TACONITE COMPANY 22-14735-01 AM5638-96 1,600 NAEVE HOSPITAL 22-15252-01 AM5644-96 4,300 POTLATCH CORPORATION 22-15403-02 AM3332-96 1,600 AMERICAN RED CROSS 22-15414-02 AM0882-96 2,900 ST. FRANCIS REG. MED. CTR.
22-15538-01 AM4437-96 4,300 CERTAINTEED CORPORATION 22-15712-01 AM5633-96 1,600 BOISE CASCADE CORPORATION 22-16300-01 AM0450-96 1,600 DMS IMAGING INCORPORATED 22-16328-01 AM1307-96 4,300 MILLER-DWAN MEDICAL CENTER 22-16390-01 AM5036-96 5,900 MILLER-DWAN MEDICAL CTR.
22-16390-02 AM0888-96 9,500 SERCO LABORATORIES 22-16447-02 AM3868-96 1,600 BRAUN INTERTEC CORPORATION 22-16537-01 AM4439-96 1,600 BRAUN INTERTEC CORPORATION 22-16537-02 AM5635-96 13,000 ITASCA MEDICAL CENTER 22-16543-01 AM5636-96S1 1,800 ST. JOHN'S REG. HEALTH CTR.
22-16550-01 AM4434-96 4,300
- CHILDREN'S HEALTH CARE 22-16671-01 AM6210-96R1 2,550 INCSTAR 22-16719-01 AM0879-96 5,200 INCSTAR CORPORATION 22-16719-02G AM0880-96 3,000 DOUGLAS COUNTY HOSPITAL 22-16766-01 AM0889-96S1 1,800 INLAND STEEL MINING COMPANY 22-16791-01 AM1303-96 1,600 ST. JOSEPH'S MEDICAL CENTER 22-16966-01 AM3336-96 4,300 RIDGEVIEW MEDICAL CENTER 22-17053-01 AM5634-96 4,300 MINNESOTA, STATE OF 22-17136-03 AM5158-96 800 1
AMERICAN CRYSTAL SUGAR COMPANY 22-17485-02 AM5643-96 1,600 IMMANUEL-ST. JOSEPH'S HOSPITAL 22-17557-02 AM5641-96 4,300 MINNESOTA VALLEY TESTING 22-17614-02 AM4443-96 1,600 LAKE REGION HOSP. & NURSING HO 22-17994-01 AM4444-96 4,300 DETECTOR ELECTRONICS CORP.
22-18199-01 AM2759-96S1 1,800
- DETECTOR ELECTRONIC 0 CORP.
22 10100 025 AM2700 0001 1,000 ASHLAND PETROLEUM COMPANY 22-18629-02 AM2748-96S2 1,600 METRO. COUNCIL WASTEWATER SRV 22-18829-03 AM3320-96 5,100 ST. GABRIEL'S HOSPITAL 22-18838-01 AM1306-96 4,300 l
3 Q4/08/97 13:46:30 10 CFR 171 NRC - State Report MN - 1996 Lic;nse Name License No.
Invoice Id Billed Amount
....o...........................
...m.........
ARR TANK &
GINEERING CO.
0 1
/
AM4433-96 950 NOR T
RLINES 001
/
AM4435-96 950 SITE LI SING /MONTICELLO 008 AM5775-96 72,700 MAXIM OGIES, INC.
0 3
AM4436-96 950 MINI OTA VAL
'Y ENGR. INC.
583 AM2230-96 50 AM3329-9p, /
B INTERTEC
,PORATION 0592 0
FA'IRVIEW-SOUTHDALE' HOSPITAL 22-00015-02 AM3328-96 4,300 MINNESOTA MINING & MFG.
22-00057-03 AM3323-96 2,800 MINNESOTA MINING & MFG CO 22-00057-07 AM6348-96R1 11,400 MINNESOTA MINING & MFG. CO.
22-00057-61 AM2226-96 18,100 WALDORF CORPORATION 22-00319-02 AM4578-96 800 MAYO FOUNDATION 22-00519-03 AM4441-96 26,200 MAXIM TECHNOLOGIES, INC.
22-01376-02 AM1770-96 14,600 MAXIM TECH. INC.
22-01376-04 AM3869-96 1,600 HEALTHEAST - ST. JOSEPH'S HOSP 22-01448-01 AM0881-96S2 4,300 HEALTHSYSTEM MINNESOTA 22-01519-02 AM1299-96 4,300 GENERAL MILLS, INC.
22-01642-06 AM3874-96 1,600 ST. LUKE'S HOSPITAL 22-01717-01 AM1775-96 4,300 V.A. MEDICAL CENTER 22-01859-01 AM1773-96 21,700 HONEYWELL, INC.
22-01870-20 AM0885-96 1,600 UNITED HOSPITAL 22-01914-02 AM2224-96 4,300 ST. PAUL-RAMSEY MEDICAL CENTER 22-02003-04 AM5032-96 4,300 ST. MARY'S MEDICAL CENTER 22-02396-03 AM3334-96 4,300 UNIV. MED. CTR. - MESABI 22-02403-01 AM3333-96 4,300 MIDWA?' HOSPITAL 22-02491-03 AM5033-96 4,300 LTV STEEL MINING COMPANY 22-02588-01 AM3877-96 2,800 U. S. STEEL CORP.
22-02973-01 AM5639-96 2,800 FAIRVIEW UNIV. MED. CTR.
22-03251-01 AM1300-96 4,300 COMMUNITY MEMORIAL HOSPITAL 22-03364-02 AM4442-96 4,300 ST. OLAF HOSPITAL 22-04178-02 AM6219-96 4,300 ABBOTT NORTHWESTERN HOSPITAL 22-04588-01 AM1772-96 4,300 MINNESOTA, DEPT. OF HEALTH 22-04589-01 AM1771-96 1,600 NATIONAL STEEL PELLET COMPANY 22-05587-02 AM1302-96 2,800 NORTH MEMORIAL MEDICAL CENTER 22-05792-01 AM0441-96 4,300 LORAL DEFENSE SYSTEMS-EAGAN 22-07742-01 AM6212-96 11,400 SITE LICENSING /MONTICELLO 22-08799-04 AM0884-96 2,800 SITE LICENSING /MONTICELLO 22-08799-08 AM5632-96 1,600 SITE LICENSING /MONTICELLO 22-08799-09 AM3326-96 1,600 RICE MEMORIAL HOSPITAL 22-09562-01 AM0448-96S1 400 HHS/ MIDWEST LABORATORY FOR 22-09761-02 AM1295-96 5,100 HEALTH & HUMAN SERV., DEPT. OF 22-09761-03 AM5034-96 1,600 MINNESOTA DEPT. OF AGRICULTURE 22-09861-01 AM2750-96 1,600 NORTHWEST MEDICAL CTR.
22-10236-01 AM3338-96 4,300 ST. CLOUD HOSPITAL 22-10258-01 AM6220-96 4,300 l
HENNEPIN COUNTY MEDICAL CENTER 22-11070-01 AM4438-96 21,700 OGLEBAY NORTON TACONITE CO.
22-11072-03 AM6216-96 1,600 MEMORIAL BLOOD CENTERS 22-11196-01 AM2756-96 7,200 STATE OF MINNESOTA 22-11944-03 AM2749-96 1,600 i
k 4
0,4/08/97 13:48:43 10 CFR 171 NRC - State Report MN - 1996 4
$ Liconce Name ~
License No.
Invoice Id Billed Amount SMI TESTING 22-26572-01 AM3324-96S1 400 ALLIANT TECHSYS. INC.
22-26604-01 AM6214-96 1,600 4-LIBERTY PAPER INCORPORATED 22-26612-01 AM3325-96 1,600 LAKEHEAD PIPE LINE COMPANY 48-13457-01 AM0440-96 1,600 US STEEL CORPORATION NR0634D136S AM0445-96 3,400 TSI, INC NR0636D101G AM6213-96 6,700 HITCHCOCK IND., INC.
SMB-1404 AM1774-96S1 1,800-MEDTRONIC-SNM-1156 AM1298-96 2,800
'HIBBING TACONITE COMPANY SNM-1558 AM5637-96 1,400 INLAND STEEL MINING / MINORCA MI SNM-1974 AM0446-96 2,800
- -9ITE LICEI?"
O/ MOI?TICELLO 010'-2500 M'0010 00 00,75^
SITE LIC SING /MONTICELLO SNM-06 AM0040-96 69, O.
a SITE ENSING/MONTICELLO S
-2506 AM0063-96 6,750
- -SITE wICEliSING/.WrPPICELLO d* 2500
.. i007 -
51,650 ALLIANT TECHSYS. INC.
SUB-971 AM2225-96 8,100 MINNEAPOLIS RAD ONCOLOGY, P.A SUD-1459 AM0442-96 450 TOTAL INVOICED:
938,350 RECORD COUNT:
160
-348,350
-12*
$590,000*
148
- Amount subtracted for invoices issued for licensees for ISFSI's, transportation--Part 7i Quality Assurance approvals, and exempt distribution licenses, since these licenses are not transferred to Agreement States.
NOTE:
Billed Amount reflects reduced fees for licensees who qualified as small entities.
4 e
I
.i---
O 10 CFR 170 LICENSE FEE REVENUE - STATE OF Mll54E50TA PERIOD 10/01/95 - 09/30/96 - FY 1996 i
NEW LIC. APP.
AfC.
REN.
EX. - NOT REQ.
TOTALS NON.
N0.
REV.
N0. REV.
N0.
N0.
No.
REV.
10/95 0
$00 6
$2400 N\\A 3
9
$2400 11/95 0 500 3
51450 N/A 1
4 51450 12/95 0 500 4
51740 N/A 2
6 51740 01/96 0 500 4
52010 N/A 1
5 52010 02/96 0 500 5
51750 N/A 4
9 51750 03/96 0 500 8
52380 N/A 6
14 52380-04/96 0 500 1
5 290 N/A 2
3 5 290 05/96 2 51060 3
52490 N/A 3
8 53550 06/96 0 500 4
51460 N/A 3
7 51460 07/96 0 500 7
53110 N/A 2
9 53110 08/96 0 500 5
51780 N/A 3
8 51780 09/96 0 500 1
5 440 N/A 5
6 5 440 TOTAL 2
$1060 31
$21,300 35 88
$22,360
\\
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%1 UNITED STATES y
(*
g NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 3e086 4001 March 25, 1997 4
1
[
ALL AGREEMENT STATES l
OHIO, OKLAHOMA, PENNSYLVANIA TRAN!)MITTAL OF STATE AGREEMENTS PROGRAM INFORMATION (SP-97-021)
Your attention is invited to he enclosed correspondence which contains:
I INCIDENT AND EVENT INFORMATION.........
IPROGRAM MANAGEMENT INFORMATION...
TRAINING COURSE INFORMATION............. XX LIST OF TRAINING COURSES i
FOR THE REMAINDER OF FISCAL YEAR 1997 TECHNICAL INFORMATION........................
f OTH E R IN FO RM ATIO N...............................
Supplementary Information: Enclosure 1 is the list of materials courses that will be offered during the remainder of fiscal year 1997. The list was revised to adjust the schedules for -
several courses. Please note, by fax from Paul Lohaus, Deputy Director, Office of State I
Programs (OSP), dated November 8,1996, the Radiation Control Program Directors were notified that the Commission has approved Agreement State personnel attendance at NRC training courses without charge, on a space available basis, consistent with the Commission's preliminary views on Direction Setting issue #4, "NRC's Relationship with Agreement States." Agreement States are responsible for travel and per diem expenses associated with course attendance.
Please complete the standard application form and submit it to the OSP contact person on the list. Applications can be submitted at any time; however, applications should be to OSP at least eight (8) weeks prior to the beginning of the course. We recognize that a few of the early courses may already be within the signt ween priod. Please submit any applications for those classes as soon as passible.
4
. In addition, we are considering using this letter as the only notice for these courses (i.e.,
- we would discontinue sending out a separate letter notifying you that a particular course is acheduled and asking that you submit applications for that courso). We would appreciate J
J t
e ENCLOSURE 8 hnt%
i s Qn 9C Yivb y W u l + 3ff-.
^
~
i SP 97 021 your views as to whether this letter notifying you of upcoming courses provides sufficient notification. Based on your views, we will confirm whether additional individual notifications for each course will continue to be made in the future.
I ff you have any questions regarding this correspondence, please contact me or the individual named below.
POINT OF CONTACT:
Dennis M. Sollenberger TELEPHONE:
(301) 415 2819 l
FAX:
(301) 415-3502 INTERNET:
I 4@Ni OV hr'
/N'.W Paul H. Lohaus, Deputy Director Office of State Programs
Enclosure:
As stated i
v t
i
~
l LIST OF REMAINING NRC TRAINING COURSES AVAILABLE FOR ATTENDANCE BY AGREEMENT STATE PERSONNEL IN FISCAL YEAR 1997
'I Course Title Location Dates OSP Contact Environmental Monitoring H-111 for Radioactivity Oak Ridge, TN 06/23-27/97 D. Sollenb6rger j
H 117 Introduction to Health Physics Rockville, MD 07/14 18/97 D. Sollenberger Air Sampling for
]
H 119 Radioactive Materials Oak Ridge, TN 06/9-06/13/97 D. Sollenberger Radiological Surveys in Support of i
H 120 Decommissioning Rockville, MD 08/20-21/97 D. Sollenberger
,p
.....m Fur.n.. T.anciovy Ct.=:n:-na W 29 A-05/9/97.- D. S:":nt: ger-W '""
Diagnostic and Therapeutic Nuclear H 304 Medicine Houston, TX 08/11 15/97 L. Solling Safety Aspects of H-305 Industrial Radiography Niantic, CT 08/11-15/97 J. Myers Transportation of Radioactive H 308 Material Columbia, SC 4/28-5/2/97 J. Myers 7/28-8/01/97 G 108 Inspection Procedures Chattanooga, TN 9/22 26/97 J. Myers Licensing Practices 6/2 6/97 l
G 109 and Procedures Chattanooga, TN 9/8-12/97 R. Blanton Root Cause/ incident Investigation G 205 Workshop (see list below)
(see list below)
D. Sollenberger inspecting for Performance -
G 304 Materials Version (see list below)
(see list below)
D. Sollenberger G 205:
G 304:
5/5 9/97 - Region 1 King of Prussia PA 4/1 3/97 - Region lil - Usle IL 5/12-16/97 - Region 111 - Lisle IL 6/04-06/97 - HQ - Rockville, MD 5/19 23/97-HQ - Ruckville MD Please submit your application at least eight (8) weeks prior to the beginning of the course to the Office of State Programs, Attention: (select the appropriate OSP contact).
1
fL6p Action: [Bangart. SP/
pg.
Scroggins, CF0/
y Ross, AEOD/
/ n are"%e
[3Hl UNITEO STATES Cyr, OGC/
Collins, NR9 y
NUCLEAR REGULATORY COMMISSION
{
msnmotoN,0.C. 20640001 cms CO110n
- g Thompson
,,g, March 19, 1997 Norry p riello NMSS Craig, RES Schum, OED0 MEMORANDUM TO:
L. Joseph Callan Executive Director for Operations Karen D.
Cyr O
General Counsel
- o Ronald Scroggins yo Act g Chief Financial Officer U")
3 7 Y
A FROM:
J C. Hoyle, Secretary w
SUBJECT:
STAFF REQUIREMENTS - COMSECY-96-054 - NRC's RELATIONSHIP WITH AGREEMENT STATES (DSI 4)
The Commission continues to support its preliminary view to continue the current Agreement States Program, including adopting current initiatives (Option 3), subject to the following additions and modifications.
With regard to the funding of Agreement State travel, training, and technical assistance, the Commiss. ion modifies the present policy to allow NRC funding of such costs in those instances where Agreement States demonstrate that state funds are not available or cannot be used for these purposes.
The staff should develop criteria, for the Commission's consideration, for making this determination.
The criteria should be stringent enough to provide adequate assurance to the Commission that the state has thoroughly explored funding alternatives available to the state and a determination by a high ranking state official (e.g.,
state agency head or chief financial officer) has been made that funds are not available.
In such cases, states should also explore partial funding of costs.
Such an approach must be designed to ensure that such certifications are not " pro forma" and that use of NRC-licensee funds for these purposes are in the public intereut.
The staff's proposals should provide for funding and should be provided to the commission in a time frame that would allow implementation of the modified policy beginning in FY-98.
Otherwise, training should be made available on a " space available" basis with Agreement States funding their own travel and per diem costs.
(BBO/GFO)
(SP/CFO)
(SECY Suspense:
7/11/97) 9700061 Staff should develop guidance for offering assistance to states on a case-by-case basis that would help the states' agencies ENCLOSURE 9 gy@*0niG ' yp
i l
.t l*
l-L,
- t identify'and clarif authorities, e.g.,
y their training needs to their appropriate 4
the State Cabinet Secretary or legislative body.. NRC should be prepared to offer such help (e.g., a letter) if requested by the Agreement States.
(590) (SP)
(SECY Suspense:
9/30/97) 9700062 The staff should also examine cost-effective alternatives for providing training and technical assistanco to Agreement States.
The staff should provide the Commission with a report on available a2'ernatives and recommendations for assuring that NRC training anc achnical assistance are provided in a cost-effective manner.
i l
(EDe) (SP/AE00)
(SECY Suspense:
9/30/97) 9700062 Public comment on the use of seed money or other tangible benefits to encourage states to become Agreement States did not support the concept.
The Commission finds that the use of such incentives is inappropriate and inconsistent with the intended role of the NRC as it fulfills its mission under the Atomic j
Energy Act.
The Commission believes that the NRC should continue j
to respond to incoming requests from individual States that express an interest in pursuing Agreement State status and work I
with each State to achieve this goal.
i' For the longer term, the NRC should request Congress to enact i
legislation that would exclude Agreement State funding from NRC's user fee base and provide a separate appropriation to cover these 4
costs.
It is the Commission's view that the Agreement States themselves should be more proactive on this matter.
Moreover, to the degree that funding for the Agreement States program remains in the user fee base, the Agreement States should be more 4
i forthcoming with methodologies for bearing a larger share of the costs.
(CFO/OGC/200)
(SECY Suspense:
9/30/97) 9700063 i
SP)
In the absence of specific comments on the related issue of whether to continue NRC's Independent Radiation Monitoring l_
Program (IRMP), the Commission requests that the staff evaluate the cost effectiveness of the program and make recommendations on the pros and cons of continuing with the program.
(EDe) (NRR)
(SECY suspense:
7/11/97) 9700064 cc Chairman Jackson Commissioner Rogers Commissioner Dieus 4
Commissioner McGaffigan 3
Commissioner Diaz D. Rathbun (OCA)
H. Bell (OIG)
A. Galante (CIO)
W.:Beecher'(OPA) 4 1
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lq POLICY ISSUE Szcv-$4-o88i March 29, 1994 N#" *@
5 ta:
Th. coe.issioners i
IRQM:
James M. Taylor i
Executive Director for Operations
SUBJECT:
REQUEST FOR SEED MONEY FOR STATE SEEKING 274b AGREEMENT I
PURPOSE:
i To provide the Comission with a proposed response to the State of Oklahoma on its request for the NRC to provide seed money to aid the State in preparing for a Section 274b agreement.-
SUMMARY
i The NRC has provided assistance to the States under authority given to it by 3
Section 2741 of the Atomic Energy Act of 1954, as amended (AEA), for State participation in certair
-aining programs, workshops and topical seminars.
l This assistance has exte ;ed to paying travel and per diem expenses to State personnel to uttend these sessions. The Office of State Programs (OSP) has received a request from the State of Oklahoma for a grant of funds for the purpose of preparing for the assumption of Agreement State status and the initial implementation of the Agreement State program. This paper analyzes the Comission's legal authority to provide such funding, reviews past Comission and staff consideration of the seed money question and proposes a response which denies the State's request.
BACKGROUND:
The State of Oklahoma is considering entering into an agreement with the NRC for the purpose of regulating radioactive materials as provided by Section 274b of the AEA. Mark S. Coleman, Executive Director of the Oklahoma Department of Environmental Quality, requested in a January 3,1994 letter l
(Attachment 1) to Richard L. Bangart, Director, Office of State Programs, that the NRC consider the possibility of providing the State with a grant i
i
Contact:
NOTE:
TO BE MADE PUBLICLY AVAILABLE Spiros Drogg W s 504-2367 WHEN THE FINAL SRM IS MADE AVAILABLE b'
t C
hob M
Y, ENCLOSURE 10
1 The Commissioners 1 i
of funds for the purpose of preparing for the assumption of the agreement program and the initial implementation of the program. The State believes that it does not have adequate funds from either State appropriated funds or i
i permit fees to cover the costs of new staff members necessary to prepare for an Agreement, which entails drafting and passage of enabling legislation, promulgating regulations, developing procedures and obtaining requisite technical equipment. Based on discussions with State of Oklahoma officials, NRC staff estimates that these additional costs could be as much as $1 million.
LEGAL AUTHORITY
)
1 Section 2741 of the AEA states that:
...The Commission is also authorized to provide training, with or i
without charge, to employees of, and such other assistance to, any such State or political subdivision thereof or group of States as the Comission deems appropriate. Any such provision or assistance by the Commission shall take into account the 3
additional expenses that may be incurred by a State as a i
consequence of the State's entering into an agreement with the_
Commission pursuant to subsection b."
i Currently, the assistance provided to the States by NRC under this authority extends to certain training programs, workshops and topical seminars, and NRC pays travel and per diem costs of State personnel to attend. Although the Commission has the authority under Section 2741 of the AEA to provide training and assistance to States, the legislative history of Section 2741, as contained in the Joint Comittee on Atomic Energy report of the bill,'
i specifically states that "... it is not intended that a cash grant shall be i
provided to pay for the administration of States' regulatory programs." The report also states that "[ijt is anticipated that training, consulting and 1
similar arrangements may be made by the Commission to reimburse State or : tate employees for expenses, or pay salaries of such employees while associated with the AEC." Based on this, the Commission has interpreted its role as not extending to the provision of funds for the administration of an existing Agreement State program. Section 2741 does not, however, prohibit the Cosmiission from providing seed money to support a State's up-front efforts to comply with NRC criteria to qualify for Agreement State status as long as this seed money does not cover the cost of ada'nistering the program. The position i
of the Office of the General Counsel is that direct funding for certain development costs for a State attempting to become an Agreement State is permissible under Section 274 of AEA, if as a policy matter the Commission decides to provide such funding, and if appropriated funds are available for that purpose.
i
' Senate Report Number 870, Amendment to the Atomic Energy Act of 1954, As Amended, With Respect to Cooperation with the States.
~
m
~
l
's i
l, The Commissioners i PAST CONSIDERATION OF SEED MONEY ISSUE The question of the NRC providing seed money to States has been examined over I
the years by the Commission, the staff and others.
In 1974, the Atomic Energy Commission (AEC) staff recommended in SECY-R-75-113 that: "The AEC should seek funds to support a pilot " seed money" program with three or four non-Agreement i
States in order to improve their radiolog' cal health programs and permit them to become Agreement States." The AEC staff estimated that approximately
$200,000 per year would be required over a four year period to implement the pilot program. The AEC did not take action on this recommendation because of the passage of the Energy Reorganization Act in 1974.
In 1976, the Nuclear
{
Regulatory Consiission requested that the NRC staff undertake a critical assessment of the State Agreement Program. A Task Force Report (NUREG-0388) recommended that "the Commission seek authority from Congress to provide 4
j limited funds to those States which are working actively toward Agreement status." The Task Force recommended seeking a sum not exceeding $5 million over a period of five years. Draft legislation seeking such authority was drafted by the staff, but it appears that it was never submitted to the Congress for its consideration.
In 1983, the National Governors' Association (NGA) published a report of its i
study of the NRC Agreement State program (SECY-83-46).
In calling the NRC l
Agreement State program an outstanding example of a successful Federal / State partnership, the NGA recommended its expansion. To this end, the NGA report recommended that NRC develop a seed money program.
In response to this, j
recommendation, OSP conducted a study to explore the feasibility of a seed money program. Based on the OSP study, the staff was preparing to recommend i
that the Commission approve staff plans to implement a seed money program for States seeking Section 274b agreements. This effort, however, was abandoned by the staff in 1984 and no recomendation was ever made to the Commission.
i i
l As a result, Comission practice has been not to provide seed money to States seeking Section 274b agreements.
DISCUS $10N:
i l
As discussed above, direct funding for certain development costs for a State seeking to become an Agreement State is periaissible under Section 2741 of AEA.
i However, the Commission has not provided seed money to States. The question then becomes whether the Comunission should modify its position to provide such funding if appropriated funds are available for that purpose.
EQUITY ISSUE The Omnibus Budget Reconciliation Act of 1990, Pub. L. No. 101-508 (08RA-90),
i as amended, requires that the NRC recover approximately 100 percent theamountappropriatedfromtheDepartmentofEnergy-administeredNu(except clear Waste Fund) of its budget authority by assessing fees to NRC applicants and i
licensees. A major concern identified in SECY-93-342, "INPLENENTATION OF THE ENERGY, POLICY ACT OF 1992 REQUIRENENT TO REVIEW NRC FEE POLICY" was that not all direct beneficiaries of NRC activities pay fees because they are not NRC
]
3
,w
=
7 The Commissioners
-4 licensees. Therefore, to recover 100 percent of the budget, some NRC licensees pay for activities that do not benefit them. Examples of this were the NRC oversight of the Agreement State program and that portion of the NRC 1
material regulatory program which supports Agreement State licensees, yet only NRC licensees pay fees to recover the costs of these activities.
The staff believes that the current enfair situation as it relates to NRC i
licensees paying fees for Agreement States activities would become worse if NRC were to provide non-Agreement States seed money to become Agreement States. Under the present law (0 BRA-90), providing seed money derived from license fees to States to become Agreement States would exacerbate the concerns of NRC licensees. As more States become Agreement States, there would be fewer NRC licensees who would be expected to shoulder a greater financial burden of funding the NRC asaterials program that supports both NRC and Agreement State licensees. Thus, NRC could be accused of requiring NRC licensees to provide the seed money which would cause NRC licensee future fees to increase.
I i
Additionally, the potential exists for additional Agreement States to be approved by the NRC in the near future.
Pennsylvania, Nassachusetts, Ohio, as i
well as Oklahoma, are considering becoming Agreement States.
Providing seed money to one State would set a precedent for providing this type of funding to all States seeking Agreement State status.
?
t For the above reasons, the staff does not believe it would be appropriate to consider providing seed money to States as long as the funds derive from l
license fees.
If Congress agrees to remove funding of Agreement State activities from license fees as was recommended in the Fee Policy Review, then i
it may be appropriate to reconsider the seed money proposal and request specific funds in the budget.
COORDINATION:
The Office of the General Counsel has reviewed this paper and has no legal objection.
RECOPg1ENDATION:
)
That the Commission approve the attached letter (Attachment 2) to Oklahoma which denies their request for seed money.
1 j
s i
xecutive Director for Operations Attachments:
i As stated
)
i
l'.:*..
Commissioners' comments or consent should be provided directly to the Office of the Secretary by COB Wednesday, April 13, 1994.
Commission Staff Office comments, if any, should be submitted i
i-to the Commissioners NLT Wednesday, April 6, 1994, with an l
information copy to the Office of the Secretary.
If the paper is of such a nature that it requires additional review and j
comment, the Commissioners and the Secretariat should be I
apprised of when comments may be expected.
l DISTRIBUTION:
Commissioners OGC OCAA OIG OPA OCA OPP EDO SECY I
i j
t 1
s 4
4 4
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MAM l
manns.cozzum 1:.f' DAVID WAIJERS Euentin Director Governor i
State ofOklahansa DEPART 3fENT OF RNYIRONNENTAL QUAEJTY January 3,1994 J
U. S. Nuclear Regulatory Commission e.
Office of State Programs L'
Washington, D.C. 20555 0001 g-Attn: Richard Bangart, Director
.3 4
2 3
)
Dear Mr. nansart:
N i
This is in regard to the meeting held in Oklahoma City on November 9 with you astfother Commission officials to discuss the requirements for Oklahoma to become an agreement state under the Atomic Energy Act.
I.et me take this opportunity to thank you, Cardella Maupin, and Charles Hackney for==-dag with Mr. *!hompson and others from this department. We are most appreciative for the help provided in getting us started in this process.
l This leads me to the purpose of this letter: namely, the funds which we foresee as m'y in completing the agreement state process. At this time, we do not have adequate funds from either i
state appropriated funds or permit fees to cover the costs of new staff members necessary to implement this program.
Accordingly, this letter is to request that your office, and the Commission itself, consider the possibility of providing this department with a grant of funds for the purpose of preparing for the assumption of the agnement program and the initial implementation of that program.
4 I realiw that this is an unusual request and one that will entall deliberate consideration on y part of your agency's authority to provide such a grant. However, I bepe and trust that your l
response will be favorable.
l Sincerely, c
Mark S. Coleman
]
Executive Director ATTACHMENT 1 h
I 8""
l l'
Mark S. Coleman, Executive Director i
State of Oklahoma Department of Environmental Quality 1000 Northeast Tenth Street E
Oklahoma City, OK 73117-1212
Dear Mr. Coleman:
This is in response to your January 3,1994 letter in which you requested that j
the U. 5. Nuclear Regulatory Commission (NRC) consider the possibility of 1
providing your Department with a grant of funds for the purpose of preparing for the assumption of a Section 274b agreement and the initial implementation of the program.
l The Commission policy has been to assist States interested in entering into Section 274b agreements by providing the State with all the necessary information on becoming an Agreement State. This assistance includes meeting i
with the appropriate State officials and providing model State acts for-enabling and regulatory legislation. NRC also provides assistance for State 1
participation, including travel and per dies expenses, in NRC-sponsored training courses. However, it has been a consistent and long standing i
Commission policy not to provide seed money grants to support preparations of an Agreement State program.
The Consnission is reluctant to change this policy now. Currently, NRC is l
statutorily required to recover approximately 100 percent of its budget authority by assessing fees to NRC applicants and licensees. One result of 4
this is that some licensees (e.g., non-Agreement State licensees) pay for NRC activities that do not benefit them (e.g., NRC's oversight of the Agreement 4
.Stateprogram).
Providing seed money to States would exacerbate th's inequity because the seed money would need to be recovered by higher fees incurred on these same licensees.
If Congress agrees to remove funding of Agreement State i,
activities from license fees as was recommended in the NRC staff Fee Policy Review (SECY-93-342, attached), then it may be appropriate to reconsider the heed money proposal and request specific funds in the budget.
Although we will not be able to respond favorably to your request for funds, we are pleased to know of Oklahoma's interest in becoming an Agreement State.
t We are committed to providing you with the necessary information on the i
Agreement State program and look forward to working with you and your staff.
Sincerely, f:
Richard L. Bangart, Director Office of State programs
Attachment:
As stated j
j-ATTACHMENT 2 i
s
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-