ML20148J290

General Overview of Agreement State Program,Completed for Spain

ML20148J290
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Issue date:	06/30/1997
From:	NRC OFFICE OF STATE PROGRAMS (OSP)
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NUDOCS 9706170092
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Text

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GENERAL OVERVIEW OF AN 1

l AGREEMENT STATE PROGRAM i

U.S. NUCLEAR REGULATORY COMMISSION i

OFFICE OF STATE PROGRAMS i

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COMPLETED FOR l

SPAIN 1

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JUNE,1997 4

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OUTLINE 1

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Background===

11.

Division of Authority q

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Details on Becoming an Agreement State IV.

Activities Prior Signing Agreement

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V.

Timeline For Processing an Agreement i

VI.

Post Agreement Program i

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PDR STPRG ESGCA l

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BACKGROUND F

SECTION 274 OF THE ATOMIC ENERGY ACT Enacted in 1959 j

initiative From States to Regulate Atomic Energy e

Recognizes interests of States i

e Establishes Cooperative Program e

Provides a Mechanism for Transfer of Certain NRC Authority e

Provides for Coordination in Development of Standards e

Reserves Certain Areas for NRC to Regulate l

e Modified in 1978 to Direct NRC to Periodically Review Agreement State Programs j

e DeConcini Amendment in 1980 Authorizes NRC to Suspend All or Part of an Agreementin an Emergency l

AGREEMENT STATE STATUS - FACTORS FOR CONSIDERATION l

e Fulfills Intent of Section 274 f

a State Radiation Control Agencies Regulate All Radiation Sources 1

Regulatory Agency is Closer to Licensees and Can Generally Be More e

l Responsive to Licensees e

Enhances Core of Knowledgeable Persons at State Level j

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Single Regulatory Agency for Most Users l

e States Must Fund Program Administration Some Licensees May Still Be Subject to More Than One Regulatory j

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Agency i

e Requires Coordination Between NRC and States i

l FUNDING AGREEMENT STATE PROGRAMS e

NRC, As Matter of Policy, Does Not Provide Seed Money to Establish j

Agreement State Program i

e NRC Not Authorized to Provide Operating Funds e

NRC Training, Travel, and Technical Assistance to Be Provided Under Reimbursable Agreements With States. Space Available, No-cost l

Tuition, NRC Training Available l

e NRC Assesses License Fees (10 CFR 170 and 171)

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Over 90% of Material Licensees in US (NRC & State) Are Subject to Fees e

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Model Legislation includes Fee Authorization i

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DIVISION OF AUTHORITY STATE AUTHORITY: CATEGORIES OF AGREEMENT 4

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e Etandard Agreement Authority to Regulate:

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

Energy Act (Material Yielded in or Made Radioactive Through j

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 l

At State option, sealed source and device evaluation authority may be retained by NRC e

Uranium Mill Aareement Authority to regulate byproduct materials as defined in Section l

11e(2) of the Atomic Energy Act(tailings or wastes produced by the i

extraction or concentrations of uranium or thorium from ore) i l

e Low-Level Waste Agreement j

Authority to regulate land disposal of radioactive waste d

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e Full Aareement Authority to regulate all of the categories above l

i AREAS OF AUTHORITY RESERVED TO NRC l

e 10 CFR Part 150 -Implementing Regulations i

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NRC Retains Authority Over Federal agencies Production and utilization facilitics j

Exports and imports Disposal in the ocean l

High level waste handling and disposal Transfer of materials to persons exempt from j

ll:ensing (consumer products)

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Large quantities of special nuclear material Off-shore waters j

Certain aspects of mill tailings management 8

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DETAILS ON BECOMING AN AGREEMENT STATE j

I OVERVIEW OF PROCESS TO BECOME AN AGREEMENT STATE l

(FUTURE REVISIONS LIKELY) i e

Letter of Intent From Governor l

e OSP Project Manager Assigned State /NRC Negotiations Leading to Development of Draft Request Governor Requests Agreement and Certifies State Has Adequate Program e

Request includes Supporting Legislation, Regulations, and Program e

Description l

e NRC Staff Evaluation Against 1981 and 1983 Criteria for Agreements Commission Approval and Publication in the Federal Register for Public o

l Review and Comment e

Chairman / Governor Signing Ceremony i

e Orderly, Phased Assumption of Authority Continued Post-Agreement Exchange-of-information and Assessn ant of e

Program Performance i

NRC CRITERIA FOR STATES ENTERING INTO AN AGREEMENT

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e Comprehensive Radiation Protection Standards l

e Licensing Program e

inspection and Enforcement Program l

Adequate Number of Trained Personnel e

Provisions for Fair and impartial Administration j

e Arrangement for Discontinuing NRC Jurisdiction Additional Criteria for States Regulating Uranium or Thorium Mill Tallings e

Additional Criteria for Limited Agreement for Low-Level Waste e

• 1981/1983 Policy Statement: Criteria for Guidance of States and NRC in Discontinuance of NRC Regulatory Authority and Assumption Thereof by States Through Agreement ACTIONS NRC MUST TAKE FOR STATE TO BECOME AGREEMENT STATE j

e Find the State Program Compatible e

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

e Prepare Staff Assessment Based on 1981 and 1983 Policy Statement e

Publish the Staff's Assessment in the Federal Register for 4 Consecutive Weeks l

Arrange for Orderly, Phased Discontinuance of NRC Jurisdiction f

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PROVISIONS OF AGREEMENTS l

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Effective Date of Transfer e

Continued Compatibility NRC Retains Authority in Area of Common Defense and Security and e

l Safeguards for SNM Reciprocal Recognition of Licenses I

e e

Termination of the Agreement e

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 e

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

Does Not Authorize Regulation in Areas Reserved to Federal Go"ernment i

e Contains Declaration on Policy, Purpose, Technical Terms, Orgw.nzation, Responsibilities and Administration, Etc.

Review of State Radiation Control Regulations Equivalent to the e

Following NRC Regulations (State Rules Must be Up-To-Date and Compatible With NRC Rules in Effect at the Time of Agreement Signing).

1.

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

2.

Part 20," Standards for Protection Against Radiation;"

3.

Part 30," Rules of General Applicability 1o Domestic Licensing of Byproduct Material;"

4.

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

5.

Part 32, " Specific Domestic Licenses to Manufacture or Transfer Certain items Containing Byproduct;"

6.

Part 33," Specific Domestic Licenses of Broad Scope for Byproduct Material;"

7.

Part 34," Licenses for Radiography and Radiation Safety Requirernents for Radiographic Operations;"

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REVIEW OF STATE RADIATION CONTROL STATUTES, REGULATION, POLICIES,

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' AND PROCEDURES (CONTINUED) 8.

Part 35, " Medical Use of Byprodu'ct Material;"

9.

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

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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.

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

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

l For LLW Authority:

15.

Part 61," Licensing Requirements for Land Disposal of Radleactive l

Waste," and For Uranium Authority:

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

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For Limited Agreement for Low-Level Waste Disposal:

1.

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

2.

Part 20," Standards for Protection Against Radiation;"

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

Waste,"

4.

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

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

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

l For Limited Agreement for Uranium Recovery Licensing:

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

and Investigations;"

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Part 20," Standards for Protection Against Radiation;"

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

4.

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

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Certain portions of Part 150," Exemptions and Continued Authority 1

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

Review of State Radiation Control Program Narrative Description Policies, e

Practices and Procedures for Administration, Licensing, Inspection, and Enforcement 6

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1 REVIEW OF STATE RADIATION CONTROL STATUTES, REGULATION, POLICIES, AND PROCEDURES (CCNTINUED)

Investigative Aspects of Program Personnel Resources and e

Qualifications, Organization, Survey and Laboratory Instrumentation, Forms, Guidance, and Operating Procedures Policies and Procedures Must Be Written. (Reference Existing NRC or j

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Submit Copies of State Procedures) l e

Submittal of Draft Application Package for Review l

NRC Review and Comment on Draft Package e

1 FORMAL REQUEST FOR AGREEMENT BY THE GOVERNOR i

e Letter From Governor Specifies catagories being requested j

Certifies State is adequate Certifies State has authority to enter agreement l

Designates State agency for agreement program l

Indicates type of ceremony desired,if any i

e Enclosures to Letter From Governor l

Proposed agreement document

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State radiation control statutes Program description j

Radiation control regulations POST SUBMITTAL ACTIVITIES e

Acknowledgment Letter to Governor e

Office Review / Concurrence on Draft Federal Register Notice Containing NRC Assessment of State Program Send Draft Endatal Register Notice to Commission for Approval and e

Publication for Once a Week for Four Consecutive Weeks Prepare Commission Action PaperWim Any Public Comments e

Considered and With Appropriate Dh M i iblic Notifications e

Agreement Signing 7

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TIMELINE FOR PROCESSING AN AGREEMENT j

(SUBJECT TO REVISION) 1 e

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

(Time estimate assumes statutes, regulations, and program description i

have been drafted by State and are complete.)

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

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

(1 - 2 months) Commission approval i

e Signing Ceremony

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j 1 month after Commission approval j

e Effective Date l

1 month after signature VI. POST AGREEMENT PROGRAM l

i EXCHANGE OF INFORMATION l

e Reports of Unusual Events and Abnormal Occurrences in Agreement States e

Copies of Sealed Source and Device Evaluation, GL Licenses and "E" Licenses Exchanged l

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

Other Workshops / Meetings e

TECHNICAL ASSISTANCE e

Management Directive 5.7 " Technical Assistance to Agreement States" i

Confirmatory Licensing and Inspection Assistance e

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Handled by correspondence or telephone j

Casework (minor)

Licensing policy

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Inspection practice Interpretations

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TECHNICAL ASSISTANCE (CONTINUED)

Direct Licensing orinspection Assistance e

Inspection License application evaluation Special evaluations and studies Beginning in FY-97, provided under reimbursable agreements hRC Office Roles - Regions, SP, NMSS, OGC, AEOD e

TRAINING PROGRAM e

NRC Core Courses Applied Health Physics (5 weeks)

Health Physics Technology (2 weeks)

Inspection Procedures ( 2 weeks in 1997)

Root Causellncident Investigation Licensing Practices and Procedures Diagnostic and Therapeutic Nuclear Medicine Teletherapy and Brachytherapy Industrial Radiography Transportation of Radioactive Materials e

Other Courses

' Safety Aspects of Well Logging Irradiator Technology Environmental Monitoring Health Physics Engineering REVIEWS OF STATE PROGRAMS UNDER SECTION 274J integrated Materials Performance Evaluation Program (IMPEP) e Routino On-Site Review Frequency May be Up to Four Years Based on e

Program Performance Reviews Scaled to the Size of the Agreement State Program e

o Five Common Performance Indicators e

Other Non-Common Performance Indicators Reviews Conducted by Team of NRC Offices (OSP, NMSS, Regional) and e

Agreement State Staff Management Review Board (MRB) e Annual One-Day NRCIAgre ment State Meeting in Years Between IMPEP e

Reviews 9

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To:

NRC Management Directives Custodians i

Subject-Transmittal of Management Directive 5.6, " Integrated Materials Performance Evaluanon Program (IMPEP)"

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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 Office of State Programs, with assis9nce from j

the Agreement States, conduct their periodic assessments of the j

NRC regions and Agreement States to determine the adequacy of l

the nuclear material licensing and inspection programs.

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Office of Origin:

Office of Nuclear Material Safety and Safeguards and j

Office of State Programs

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Contact:

George Deegan,415-7834 Date Approved:

September 12,1995 i

Volume:

5 Governmental Relations t.nd Public Affairs Directive:

5.6 Integrated Materials Performance Evaluation Program (IMPEP)

Availability:

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

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i OFFICE OF ADMINISTRATION

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Integrated Materials l

Performance Evaluation l

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Program (IMPEP)

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Directive 5.6 e

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VI,lume 5, Governmentel Rel:ti:ns end Public Affairs Integrated Materials Performance E uluition Prcgram (IMPEP) i Directive 5.6 t

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Contents l

Policy................................................................

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l Object ives............................................................ I Organizational Responsibilities and Delegations of Authority...........

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

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

2 G ene ral Counsel....................................................

2 Director, Office for Analysis and Evtluation of Operational Data (AEOD).... 3 Regional Administrators..............................................

3 Applicabili ty.........................................................

3 Han d book............................................................

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Referen ce s...........................................................

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Approved: September 12.1995 iii l

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(*****,/)

U. S. Nuclear Regulatory Commission

'g Volume: 5 Governmental Relations and Public Affairs NMSS/OSP Integrated Materials Performance Evaluation l

Program (IMPEP)

Directive 5.6 l

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 t

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 Of5cc of Nuclear Material e

Safety and Safeguards and the Of6ce of State Programs conduct l

their periodic assessments to determine the adequacy of the licensing and inspection programs in the NRC regions and l

Agreement States. (021)

To provide NRC and Agreement State management with a more 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 l

process and indicate areasin which NRC and the Agreement States should dedicate more resources or management attention. (023)

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Approved: September 12,1995 l

4 V:lume 5, Governm:ntal Relaticas cnd Public Afftirs Integrated Materials Performance Ev luatien Pr gram (IMPEP)

Directive 5.6' t

Organizational Responsibilities and Delegations of Authority (5.6-03)

Deputy Executive Director for Nuclear Materials Safety, Safe ards,and rations Support ( EDS)

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

(032)

Implement the IMPEP within NMSS and OSP. Provide staffing e

support and training for review teams. (a)

Establish a schedule and develop a detailed review regimen for 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) i Issue draft reports and prepare final reports for each region and e

State for consideration by the management resiew 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, Gsvernmental Relati:ns cnd Public Affairs -

Integrcted Materials Perform nce Evaluatien Prcgram (IMPEP)

Directive 5.6 Director, Office for Analysis and Evaluation of Operational Data (AEOD)

(034)

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Participates on management review boards.

Regional Administrators (035)

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

Applicability (5.6-04)

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

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."

, raapter 1246, " Materials 1.icense Reviewer Qualification."

, Chapter 2800, " Materials Inspection Program."

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3 Approved: September 12,1995

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Integrated Materials Performance Evaluation P'rogram (IMPEP) e== _

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1 Handbook 5.6 l

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Valume 5, G:vernmental Relati::ns cud Public Afhirs Integrated Materials Perfcrmance Ev luiti:;n Program (IMPEP)

Handbook 5.6 Parts I -IV Contents i

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l Evaluat ion............................................................

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

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

1 Part II Performance In dicators................................................

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G en 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)........

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l Part III Eval u a t i o n C ri t eria....................................................

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

7 Satisfa ct ory (1 )....................................................

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

8 Unsa tisfactory (3)..................................................

8 Ca te go ry N (4)....................................................

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

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l Sa tisfa ct ory (1 )....................................................

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

9 Unsatisfa ctory (3).................................................. 10 Ca te g o ry N (4 ).................................................... 10 Indicator 3-Technical Quality of Ucensing Actions (C)..................... 11 Sa tisfa ct ory ( 1 ).................................................... 11 Satisfactory With Recommendations for Improvement (2)................. 11 U nsatisfa ctory (3).................................................. 11 r

i Approved: September 12,1995 iii

V:lume 5, Governmental Rel:tions cnd Public Affr. irs Integrated M:terials Perf:rmance Eycluitisn Program (IMPEP)

Handbook 5.6 Parts I-IV Contents Part.III(continued)

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

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Programmatic Assessment............................................. 15 G e n e ral ( A)......................................................... 15 Findings for Agreement State Programs (B)............................... 16 Finding 1-Adequate to Protect Public Health and Safety and Co mp ati bl e (1)................................................. 16 Finding 2-Adequate to Protect Public Health and Safety and Not Compatible (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 Compatible (4)............................................. 17 Findings for NRC Regional Programs (C)................................ 17 G lo s s a ry.............................................................. 18 iv Approved: Septeinber 12,1995

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a Valume 5, G:vernmental Relattens end Public Afinirs Integrated Materials Performance Evaluation Program (IMPEP)

Handbook 5.6 Part I 6

Part I Evaluation Evaluation Frequency (A) l l

NRC will review the performance of each region and each Agreement l

State on a periodic basis. The schedule for conducting each regional or l

Agreement State visit will be developed by the Office of Nuclear i

Material Safety and Safeguards (NMSS) and the Offee of State l

Programs (OSP) in coordination with the regions and States.

l Approximately 10 to 12 reviews will be scheduled in most years. Under l

normal conditions, this would allow evaluations of NRC re'gions every l

2 years, and Agreement States every 3 years. However, these l

frequencies can be adjusted upward or downward on the basis of the l

findings from the last review or in light of significant program changes in a particular State or region. In addition, this schedule provides for l

review of certain NMSS functions on an as-needed basis.

Evaluation Process Sequence (s)

The typical evaluation process for the review team is summarized below:

Develop review schedule for the year. (1) i e

Assemble and train team members. (2) e Designate team leader and members for each scheduled e

i review. (3)

Review completed licensing actions on an ongoing basis to help e

focus reviews. (4)

Transmit questionnaires to affected regions and States. (5) l e

Approved: September 12,1995 1

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V:lume 5, Gsvernmental Relati:ns cnd Public Affairs Intrgrated Materials Perf:rmance Evaluiticn Program (IMPEP)

Handbook 5.6 Part I j

1 Evaluation Process Sequence (s)(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 f

e facilities by accompanying the inspectors. (7)

Conduct onsite portion of IMPEP, using the criteria speci6ed in e

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

Prepare draft IMPEP repon, with recommendation for overall e

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

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

or Agreement States. (11)

Prepare proposed Snal repon for consideration by the e

management review board (MRB). (12)

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

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

Valume 5, Gzvernmental Reliticas and Public Affairs Integrated Materials Performance Evaluation Program (IMPEP) l Handbook 5.6 Part 11 i

i Part II Performance Indicators General (A) i A description of the performance indicators to be evaluated for each region and each Agreement State is given in (B) of this pan. The i

evaluation criteria (i.e., performance standards) against which these l

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

These reviews determine program adequacy and compadbility in the l

Agreement States and are instrumental in improving State and NRC regional performance, thus ultimately leading to improved licensee performance. (1)

I The performance indicators should be used as a starting point of inquiry. This, in turn, should lead program evaluators to a more careful examination of the underlying conditions, or root causes, of potential problem areas. Evaluators may find correlations exists between two or more performance indicators. In this situation, the impact of individual performance symptoms could be compounded when combined with others.. Conversely, a regulatory program

'i 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)

Cenain non-reactor functions that continue to be conducted from l

NRC headquaners, such as fuel cycle licensing, uranium and thorium j

milling, sealed source and device reviews, low-level radioactive w3ste i

disposal licensing, and safeguards activities are excluded from this set ofindicators because they are not common to regional and Agreement State activities. These may be incorporated, as appropriate, as noncommon indicators contributing to a performance-based i

evaluation of a program. (3) 4 3

Approved: September 12,1995

V:lume 5, G vernmental Reliticas cnd Public Affcirs Integrated Materials Perfcrmance Evaluttien Prcgr:m (IMPEP)

Handbook 5.6 Part II 4

General (A)(continued) i For Agreement States, the noncommon indicators will be legislative I

j and legal authority, compatibility, uranium and thorium milling, sealed source and device reviews, and low-level radioactive waste disposallicensing. (4) i i

This exclusion does not prohibit the Office of Nuclear Material Safety and Safeguards (NMSS) and the Office of State Programs (OSP) from i

using other indicators and/or performance standards to supplement l

those described in this directive. (5) l Programmatic Indicators (s)

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

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Periodic inspections oflicensed operations are essential to ensure that

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activities are being conducted in compliance with regulatory 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 4

type of operation licented, and the results of previous inspections.

There must be a capability for maintaining and retrieving statistical i

l data on the status of the compliance program. Information regarding i

the number of overdue inspections is a significant measure of the status of an Agreement State's or NRC region's materials inspection program, although reviews also should examine specific cases where i

the inspection frequency has been significantly exceeded (i.e., by more than 100 percent). The terms " materials inspection" and " overdue inspection" are defined in the Glossary to this handbook.

Performance Indicator 2-Technical Staffing and Training (2)

The ability to conduct effective licensing and inspection programs is largely dependent on having a suf5cient 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 staffing must be explored. Is the rate of turnover and the 4

Approved: September 12,1995

Vclume 5, Gsvernmental Relatisns cnd Public Affairs t

Integrzted htteri Is Perfcrmince Evaluati:n Pr: gram (IMPEP)

Handbook 5.6 Part 11 Programmatic Indicators (s)(continued)

Performance Indicator 2-Technical Staffing and Training (2)

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

Review of staf5ng also requires a consideration and evaluation of the levels of training and quali5 cation of the technical staff. New hirees need to be technically qualified. Professional staff normally should have bachelor's degrees or equivalent training in the physical and/or life sciences. Training requirements for NRC inspectors are speci5ed in the NRC Inspection Manual, Chapter 1245, and for NRC materials licensing reviewers, in the NRC Inspection Manual, Chapter 1246.

The requirements include a combination of classroom requirements and practical on-the-job training. Some NRC regions impose additional requirements on certain license reviewers or inspectors, i

depending on their individual responsibilities and the types of licenses they review and/or inspect. (c)

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, and appearance before a qualification board. Although Agreement States need not follow the NRC Inspection Manual, Chapters 1245 and 1246, they should have a program for training and 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 personnel. (d)

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

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

Approved: September 12,1995 5

V:lume 5, G:v;rnm:ntal Relati:ns cnd Public Afftirs 2

Integrated Mat:rirls Perfcrm:nce Ev luiti:n Program (IMPEP)

Handbook 5.6 Part H Programmatic Indicators (s)(continued)

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

(continued) i This performance indicator evaluates the technical quality of the licensing program on the ba:;is of an in-depth onsite review 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)

This performance indicator provides the qualitative balance to Performance Indicator 1, which looks at the status of the. inspection 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 at a time other than the onsite review of the region or Agreement State to afford the review team sufficient time to observe inspectors at different types oflicensee facilities. These reviews focus on the scope, completeness, and technical accuracy of completed inspections and related documentation. Review teams will conduct in-depth, onsite reviews of a cross-section of completed inspection reports performed by different inspectors. In addition, review teams will verify that supervisors generally accompany inspectors on an annual basis to provide management quality assurance.

Performance Indicator 5-Response to incidents and Allegations (5)

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

A careful assessment ofincident response and allegation investigation procedures, actual implementation of these procedures, internal and external coordination, and investigative and followup procedures will be a significant indicator of the overall quality of the program.

6 Approved: September 12,1995

t Wlume 5, Governmental Relati:ns cnd Public Affcirs Integrated Materials Performance Evaluation Program (IMPEP)

Handbook 5.6 Part III

+

i Part III l

Evaluation Criteria i

NRC regions and Agreement States will be evaluated in their ability to conduct effective licensing and inspection programs using the j

performance indicators described in Part U of this handbook. The evaluation criteria for each perfonnance indicator are given below.

i Indicator 1-Status of Materials i.

Inspection Program (A)

Satisfactory (1) l Core licensees (those with inspection frequencies of 3 years or less) e are inspected at regular intervals in accordance with frequencies prescribed in NRC Inspection Manual, Chapter 2800. (a)

Deviations from these schedules are normally coordinated e

between working staff and management. Deviations are generally the result of joint decisions that consider the risk of licensee operation,past licensee performance, and the need to temporarily I

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 e

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

A large majority of the inspection indings are communicated to 8

e j

licensees in a timely manner (30 calendar days as speci5ed in NRC Inspection Manual, Chapter 0610-10). (e) i i

7 Approved: September 12,1995 I

I l

V lume 5, G vernmental Relatirns cad Public Afftirs Integrated M terials Perfcrmsnce Ev:lutti:n Prcgram (IMPEP) 2 Handbook 5.6 Part HI 1

Indicator 1-Status of Materials Inspection Program (A) (continued)

Satisfactory With Recommendations for improvement (2) i 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 newlicensees are frequently not conducted within 6 months oflicense approval. (b) i Some of the inspection findings are delayed, or not communicated e

,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 a

inspection findings. (b)

Category N (4)

Special conditions exist that provide adequate justi5 cation for e

withholding a rating. For example, an unforeseen event or emergency with signi5 cant 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 Staffing and

'IYaining (s)

Satisfactory (1)

Review indicates implementation of a well-conceived and -balanced staffing strategy throughout the assessment period and demonstrates the quali5 cations of the technical staff. This is indicated by the presence of most of the following features:

8 Approved: September 12,1995

Vclume 5, Gev;rnmental Reittians and public AfTeirs Integrated Meterials Perfcrmance Eycluttisn Pregram (IMPEP)

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

Satisfactory (1)(continued)

Balance in staf5ng 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)

Qualification criteria for hiring new technical staff established and e

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

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

License reviewers and inspectors trained and qualified in a e

reasonable time period $ (e)

Management commirnent to training clearly esident (f) e Satisfactory With Recomrnendations for Improvement (2) l Review determines the gresence of some of the following conditions:

Some staff turnover that could adversely upset the balance in j

l e

l staffing the licensing and inspection programs (a) l Some vacant positions not readily filled (b) l e

l Some evidence of management attention or actions to deal with e

staffing problems (c)

Some of the licensing and inspection personnel not making prompt e

progress in completing all of the training and qualification requirements (d) 1

' For the regions, lius means there has been, and cosanues to be, a clear effort to adhere to the j

requirements and conditions specified in NRC laspection Manual. Chapters 1245 and 1246. and the appbcable quahficetionsjourmah, ce to reserve equivalent trairung ebewhere. For the Agreement States, i

equivalent requirements should be is p' ce and foDomed.

a l

9 Approved: September 12,1995

= V:lume 5, Governmental Relati:ns cnd Public Affhirs Integrated Meterials PerkrmInce Evaluation Program (IMPEP)

Handboo3 6 Part HI Indicator 2-Technical Staffing and blDIDg (B)(continued)

Satisfactory With Recommendations for Improvement (2) (continued) ne 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 i

to some of the following conditions, which cause concerns about their likely effects on other performance indicators:

l Signi5 cant staff turnover relative to the size of the program'(a) e Most vacant positions not 511ed for extended periods (b) e I.ittle evidence of reanagement attention or actions dealing with staffing problents (c)

Most of the licensing and inspection personnel not making prompt e

progress in completing all of the training and qualification requirements (d) i New staff members hired without having scientific or technical i

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

Category N (4)

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

t i

10 Approved: September 12,1995

-. -. _ __= - - - - - -. - _ -.- -..-. - -

V:lume 5, Gsvernmental Relati:ns cod Public Afhirs Integrited Materials Perf rmance Evaluiti:n Prtgram (IMPEP)

Handbook 5.6 Part III Indicator 3-Technical Quality of l

Licensing Actions (c) l l

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

the cases they review. (c) l Special license tiedown conditions are usually stated clearly and e

are inspectable. (d)

Deficiency letters are well written and used at the proper time. (e)

Reviews of renewal applications demonstrate thorough analysis of e

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

Applicable guidance documents are available to reviewers in most e

cases and are generally followed. (g) j No potentially significant health and safety issues can be linked to e

licensing practices. (h) i Satisfactory With Recommendations for Improvement (2)

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

Unsatisfactory (3) i 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 acnons.

?

l Approved: September 12,1995 11

V:lume 5, Governmental Rel:ti:ns and Public Afftirs Integrated M'Iteri:Is Pcrfcrmance Evalufti:n Program (IMPEP)

Handbook 5.6 Pa' t IU r

l Indicator 3-Technical Quality of Licensing Actions (c)(con:inued).

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 Sles indicates inspection findings are usually well founded and well documented throughout the assessment. (a)

A review of inspector Seld notes or completed reports indicates e

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

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

causes and poor licensee perfortnance. (c)

In most instances, followup inspections address previously e

identified open items and/or past violations. (d)

Inspection findings generally lead to appropriate and prompt e

regulatory action. (e)

Supervisors accompany nearly all inspectors on an armual basis. (f) e Satisfactory With Recommeoutions for Improvement (2) i Review indicates that some inspections do not address potentially l

e imponant health and safety concerns or it indicates periodic problems with respect to completeness, adh rence to procedures, management review, thoroug} mess, technical quality, and i

consistency. (a)

Review indicates that Endings in inspection reports and inspection i

e l

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

V:lume 5, G vernmental Relatiens cnd Public AfTrirs Integrated Materials Perfcrm:nce Evainati:n Pr: gram (IMPEP)

Handbook 5.6 Part III Indicator 4-Technical Quality of Inspections (o)(continued)

Satisfactory %1th Recommendations for Improvement (2)(continued)

Review does not demonstrate an appropriate level of management e

review. (c)

Supenisors accompaniment of inspectors are not performed e

systematically. (d)

Followup actions to inspection findings are often not timely. (e) e Unsatisfactory (3)

Review indicates that inspections frequently fail to address e

potentially important health and safety concerns or it indicates chronic problems exist with respect to completeness, adherence to procedures, management review, thoroughners, 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 (s)

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 most instances. (b)

Level of effort is usually commensurate with potential health and e

safety signi5cance of incident. (c) 1 Approved: September 12,1995 13

__.___-.___..._____.____.___--___-._._._.-._.__y l

V:lume 5, Governmental Relati:ns and Public Affcirs Integrated M-terials Parfcrmance Evaluati:n Program (IMPEP)

)

Handbook 5.6 Part HI Indicator 5-Response to Incidents and Allegations (s)(continued)

Satisfactory (1)(continued)

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

identi5ed to licensees promptly and appropriate followup measures are taken to ensure prompt compliance. (e)

Followup inspections are scheduled and completed, if e

necessary. (f) i Noti 5 cation to NMSS, the Office for Analysis and Evaluation of e

Operational Data, or OSP, and others as may be appropriate, is usually performed in a timely fashion. (g) 1 Satisfactory With Recommendations for Improvement (2)

Incident response and allegation procedures are in place but e

occasionally not practiced in a detailed fashion. (a)

Performance is marginal in terms of resolving potential public e

health and safety issues, but not as well coordinated, complete, or q

timely as would be required under the "Sati. factory" performance

{

standard. (b) j f

Unsatisfactory (3) i 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.

i I

14 Approved: September 12,1995

t Volume 5, G vernmental Reliti:ns cnd ; ublic Affairs I

Integrated Materials Performance Evaluation Program (IMPEP)

Handbook 5.6 Part IV

~

l l

Part IV Programmatic Assessment I

i General (A)

I 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 managers, or their 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 e

Data (d)

General Counsel (e) i e

l l

The Agreement States also will be imited to nominate a representative to participate in MRB meetings, as a nonvoting Agreement State liaison. In this capacity, the State representative would have full authority to receive applicable documentation and engage in all MRB discussions except for any that might involve the l

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

V:lume 5, G:vernmentcl Relatiens cnd Public Affairs Integrcted Materials Perfcrmtnce Evaluttien Program (IMPEP)

Handbook 5.6 Part IV l

General (A)(continued)

For an NRC region, the MRB will only assess the adequacy of the program to protect public health and safety. The nature of NRC Endings regarding NRC's Agreement State review process is described below. (4)

Findings for Agreement State Programs (s) l Finding I-Adequate to Protect Public Health and Safety and Compatible (1)

)

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

State program review criteria or that only minor de5ciencies exist, the Commission will End 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)

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 necessaryitem e

of compatibility within the period of time speci5ed by j

implementing procedures for NRC's compatibility policy statement (i.e., more than minor compatibility discrepancies), the program would be found not compatible. (b)

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

. If NRC Ends that a State's program protects public health and safety, but is de5cient in meeting some of the review criteria, NRC l

I may Snd the the State's program is adequate, but needs improvement. NRC would consider, in its determination plans, l

i 16 Approved: September 12,1995 1

Volume 5, Governmental Rel1tiens end Public Affairs Integrated Materi Is Perf:rm:nce Evaluati:n Prcgram (IMPEP)

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 deficiencies noted during the review that the State has to address. (a)

In cases where less significant State deficiencies previously identi5ed have been uncorrected for a significant period of time.

NRC also may find that the program is adequate but in need of improvement. (b)

If NRC deter 7 nines 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 Snds that a State's program is signi5cantly deficient in e

some or all the review criteria NRC would 5nd that the State's program is not adequate to protect the public health and safety. (a)

If NRC determines that a State has feiled to adopt a necessary item i

e of compatibility within the period of time specified by i

implementing procedures for NRC's compatibility policy i

statement, the program would be found not compatible. (b) 1 Findings for NRC Regional Programs (C) 1 An MRB's Endings for regional programs will be the same as those i

listed above for Agreement Stateswith the exclusion of the findings for compatibility.

17 Approved: September 12.1995

V,:1ume 5, GsvernmIntal Rel2ti:ns and Public Affcirs Integrated Materials Perfortnance Evaluation Program (IMPEP)

Handbook 5.6 Glossarv Glossary It is necessary to note that some Agreement States or NRC regions may not de5ne 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 de5nitions 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 offices regarding activides at a licensee's site. Excluded from this de5nition are matters being handled by more formal 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 definitions in 10 CFR 170.3, and in NRC Inspecrion Manual, Chapter 2800, Sections 03.03 and 07.01, should be used to determine what constitutes an inspection. In addition, Agreement State hand-delivery of new licenses may constitute initial 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.

4 Overdue Inspections. Currently, NRC de5nes 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 definitions. For purposes of this directive, a materials license will be considered overdue for inspection in the following cases:

18 Approved: September 12,1995 l

i V:lume 5, Gwernmental Relations cnd Pdblic Affairs r

Integrated Meteri;Is Performance Ev;1uation Progrcm (IMPEP)

Handbook 5.6 Glossarv

~

Glossary (continued)

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

An existing core license is more than 25 percent beyond the l

interval defined in NRC Inspection Manual, Chapter 2800, l. An existing non-core license is more than 1 year l_

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 l

frequencies are more stringent than those contained in NRC l

Inspection Manual, Chapter 2800. The frequencies prosided in l

NRC Inspection Manual, Chapter 2800, will generally be used as the yardstick for determining if an inspection is overdue.

1 i

i i

19 Approved: September 12,1995 l

- - - ~ '

]*

54734 Federal *d t / V21. So, No. tos / Wednadey. Oct:ber 25. 1995 / Notices 4

cf tbs Atornic Energy Act af 1954, se Ridge.TN. 37830. ATTN: Mr. Arthur J.

available for publicinspectirn at the amended, with NRC. to regulate, inspect Palmer. IE. and Commission's Public Document Room, er otherwtas esercise control of 2.N NRC maff.by delivery to the the Celtnan Buildina.2120 L Street, Protions, with respect to sourts and Executive Director for Operetions. One NW Wahington.DC.and at the local c

' product meterial, for disposal of that White Fliet North.11555 Rockville i

.eterial at the LLW dispenal facility at Pike, Rockville. MD 20852, or by mall.

• public docuswat room located et b Univenity of Toledo. William Carlson Aichland. Washington.

addressed to the Executive Director for Library. Government Documents 1

Priorto the issuance of the proposed Operations U.S.NuclearRegulatory Collection.2801 West BeeceoR Avenue.

4 senewal.NRC will beve made Andings Conuniasion. Washington.DC 20555.

Toledo. Ohio 43406.

i required by the Atomic Energy Act of For further Betails with nepscs to this gud a Rechvtus. Maryleed. this af th day 1954,as amended, and NRC's acusa.the applicadon forlicanas of sepueber 1995..

segulaticas.These Endings will be venewel is available for laspection at the For the Nuclear Reguiseery cammission.

j, documented in a Safety Evolustion Commission's Public Document Room, g,g,de t, gend,en, j

Report and an Environmental 2120 L Street NW Washingtan.DC wu,q,,,n,yn;,es,e,,,,3 3, Assessment.

306s5.

4 The NRC bereby provides notice that Dreh #ArwsC- "#1V. Office of i

this le a proceeding on an application Ehd a WHeAlmd this teth dn NucJ'ar Asoceer Asguismen.

of Omaher sees.

PR Dec. 96-36419 Filed to-3MS. s.45 aml i

ac bpart in I

[**3"'

Precedures for Adjudications in..

Meterials Licensing Proceedings, of gg gvaluaden of Agreement State j

i NRC's rules rectice for domestic g,g, g, p,,,

staggagen CentalPrograms i

rs io i2.120 e).any hyYs[,gf"*' 8'"""

astect: Nucleef Regulatory whoes interest me be affected by this proceeding may Ab a request for a FA Dec. 96-36450 Fund SMM6; 8:45en) hearing in accordance with 6 2.1205(c).

'"'"8"""***

actices: Interim implementation of the Inte5reted Materials Performance i

A request for a hearing must be Aled Evaluation Program pending final

}

within thirty (30) days of the date of poetetles emes!

Commission approval of the Statement publication of this Federal Register of Principles and Policy for the

estice, Totees EssW Comiseny, et al.; Devio-Agreement State Program and the Policy The request for a bearing must be Seaas beas'ar power Station. Unit No.

Statement on Adequacy and i

filed with the Office of the Secretary 1; Amendment to Focluty Opereeng Cornpetibuity of Agreement State i

cither:

L8oonas No#ee of Withdrewel of Progrema.

1

1. By delivery to the Docketing and App 4 cat 6on for Amendment to Facility

)

4rvice Bronch of the Offies of the Opereeng Lisense evenaanr:The Nuclear Regulatory t

retary et One White Flint North Commission (NRC) is implementing. on

,55 Rockville Pike.Reciville' Mi)

The U.S. Nuclear Regulatory an interim besis, the Integrated

~0852-2738: or Canunimion (the Commission) has Materials Performance Evaluation l

2. By mail of telegram addressed to ted the mquest of b Toledo Edison Progrom (IMPEP) to be used in the the Secretary, US Nuclear Regulatory.fmPeny Centerior Service Company.

4 evaluation of Agreement State Programs.

Commission. Washington. DC 20555.

and the Cievoland Electric Illutnineting To effect this implementation, the NRC Attention:Decleting and Service Company (the licensees) to withdraw its will suspend relevant Srench.

August 18,1995, apphcotice for May 28,1992 Ceners! portions of the i

Statenwnt of in addition to meeting other ed amendment to Facility Pahey "Cuidelines for NRC Review of applicable requirements of to CDt Part reting Ucense No. NPF-3 tor the Agreement State Radiation Control 3

2 of the NRC's regulations,a toquest fo, Davis Besee Nuclear Power station, Unit Progrema,1992." Management Directive l

e hearing Ried by a person other than No.1, located in Ottaws County, Ohio.

8.6. Integreted Materials Performance 4

an apphcant must desenbe in detail:

The Pf* Posed amendmeot would Evaluation Program, will be used as the

3. The lateros' ef the requestor in the have revised Technical Specincation im lementing ure.

proceeding Section 3/4.7,5.1."Ul'imate Heat Sink" he NRCwa im lementIMPEPin i

l

2. How that interest may be a5scsed to lacreem the snaalmum temperature the evaluation of Agreement State by the results of tlw proceeding.

trom lees than er equal to 85 'T to less Progroms until such tiene as Anal ir.cluding the masons w hy the requester than or equal to 90 'F.

implementing precedures for the policy I

should be poemmed a bearing, with The Commission had previously statemente:" statement of Principles particular referonos to the factors set out issued a Notice of Consideretion of and Policy for the Agreement State in 5 2.1205(a):

lesuance of Amendrnent published is Program"and " Policy Statement on the 3.The requestor's steas of concern the Federal Regialer en August 24,1995 Adequary and Compatibility of chout the liconaias acuvity that is the leo n 4409 tl. )4ewever, by letter dated Agreement State Programs,"and any tubpoet metter of the proceeding: and September 12,1995,the licenese eevisions to these policy sistements em 4

4. The orcumstance, estabhabing'that withdrew the propoord change approved by the Commisalon (See to m the west for a bearing is tiawly la For further detalle with rue se this 39a44; August 2.1995).Ceniorming anos whh 6 2.1205(c).

action, see the request for en ment sevisions to IMPEP in comaection with 1

in accordancs erith to CTR discretion dated August ty,less, the the completion of werk as theos two 6 2.120He), each request ler a beerles ePP 6cotion for amendmeet deced pelley erstements will be done se 1

i unuse also be served. by dehvoring it August 18.1905, and the liceness's appropriata DdPEP will then be penenaDy or by em).to:

noner dated September 12,1995, whldi i

terrP ereented on a permanent beeis and 5.The applicent, Aewrican Ecology withdsw the applicaties for license the 1992 policy statesent on 4

erotion.120 Franklin Raad. Dak aroendment.The above documents are "Guidehnes for NRC vvview of i,

.i

\\

Federal Register / Vol so. No. 306 / Wednesday. October 25, 1995 / Notices Se* 4 b IndiadW M l

.. mma" will be seecanded.

M M IIatea 4

=

yem Ey b

{

ensemt mats:Omober 1.1985.

Statement en the Adequacy and aposusers:bweromed Compatibi Rees 3204.Washlagton.DC 20503. N a

e ebWa a single oppy of@ons may~

Propams."lity of Asmoment State sequest for approval will be a vailable lor A8* level wome, torenlum miller bublicinspectJan at the PAGC a

Duvedve 5.6 by wri i

Dwgan. U.S. Nuclear Mr.Coorp ses)ed sourps and eevice proyarnsin i

unicetjona and Pubhc Affairs tory Agreement Sutes wi!! sot be miewed Department, suite 240.1200 K Street.

j Commlaslen.MallStop Washington.DC*0ssa.

as common performanceladiostors NW., Washington.DC 20005, hetwenn ein NRC Need are absse the bours of a a.m.and 4 p.m.

I th

.Scha e OGi of perio ce$ sed evhuation appesech. Gener Programs. U.S. Nuclear Regulat similar to that de.voloped for the Marc 1-W. Atwney.Of$ce oMe

}

Commlulon. Document ControbDesk*

common performance indicators. will be Pt-37. Washi 00 K utilisedin reviews of NRCand

$tmet. NW.. Washington. DC 20005.

i

.ue,a.,,a. hon. DC 20555*

Agreement State propensis these 202-32$4024 (202-3264179 for TTY telephone (30 15-3320.

i and TDD). (These are mot toll.fm

.e 4

NRC kreposed a proce sta,n 4 h NRM miew es podermance==*ma NRC

~

1 ss to evaluate owlprograms and Agre

• **8h A ntStat a

edic suspssesswfAnf espomanation:b State Redisuon Contro! Propams.emunt that h

regulate the une of radioactive meterials, g'Md

'b Suks F i

Popwk Rducdos Act of198@

{

Per,n integrated manner in a U.S.C. Chapter 31) establishes policies gAgg 1Sta es wi ng mmon and procedms for controlling the mmance a

sta m

l paperwork burdensimposed by Todml 5't compatible, tha staff will consider agencies on the public.N Act vests i

d o extending the current review cycle of 2 Regional materials programs using the th flee fManagement and u get i

yeen to 34 years, draft Management Directive f. 6 1

I

• Integrated Materials Performan.ce '

of October.1995.Deted et Rochville haaryland this teth day over bu ens d

has Evaluation Program" fDdPEP). Dn June promu5kd rules o' n the hem of 27.1995, the Commission oppmved For the Nuclear Regulatory Coensission. collections ofinfonnadon by pederal j

implementation ofIMPEP on an interim Jehe C afeyle, agencies.

basis. The droft Management Directive see,,rer) ofshe casuniss' ion.

& PSGChas established a toll.fm-is currently being prepared in Anal trR Doc 3

9926415 hied to 2+-es.s 45 am) tel' phone service that gives the pub!

form.

m,,,,,,,,,,,

2 Five common performance indicators.

generalinformation concer FBGC s insursnee program.ning the 1

as described in Management Directive Use of the toll fm service by b genere! pubhc 5.6 will be used to det PENSION SENEFIT GUARANTY of materiah pro ams.erm ne adequacy has bwn signincandy below Additionell,

CORPORATION Cornpatibihty o Regulations and expectadons.

al Autnority (ir cluding enforcement)

Roguest for a Cofioctfon ofinformation The PBGCplans to conduct a series of ill k

Under the Papefwort Reduction Act; three focus groups of15 parucipants dicat s each, and to distribute survey ng r sfor compatibihty determmations (OfGoe of d a ys 4"

"^*

f cu group state Propams B.7 Procedure) will Aarsect:

P""

P""

d om continue to be utilised in connection Corporetion. Pension BeneSt Coarenty edividuals. (b 45 focus group with NRC findings on Compatibihty of participants and 150 survey re Regulations under D@EP umul the Anal Actioec Nmics ofsequest for OMB approval.

will be selecsed larply from &pondems implementing procedures for the policy -

41.000.000 participants and statementsF5tatement of Principles beneBelaria in covmd pension plans.)

Corporation bas requested that thespesasant:'The Pension Ben and Polic Program"y for the A'greement State N purpose of the focus groups and and " Policy Statement on the OfLee of Management and Budget survey questionnaltos is to evaluate h Adequecy and Compatibilit Agreement State Prorrums."y of

("OMB")appmve a new collocuan of PSGC's toll free servios and to assist the and any information under b Paperwork PSGC la making necessary misions to these pohey statements are Reduction Act The purpose of this improvetoests to that servios.

appmved by the Commission N information coUection. which will beThe FBGC estimates that the total interim implernentation oflMPEP will conducted through thm focus smuP annual burden of this onliection of sequire the pardalsuspension of the entings and a smallofnumber of information willbe 147.5 bours The May 28.1992 General Statement of surveys.1: to help the PSGC evaluate its this collocuan wa newynPBGCis Pohey " Guidelines for NRC Review of toll im telepbow emlos pmiding Agreement State Radiation Control besic informatfon about the PBCC is so Programs.1992"(57 FR 22495). The that needed impmvements in NRC will only continue 1o apply the insumnce program Dee service can be made as soon as a toll-single program element of the 1992 taTts: b PSGCis requesting that possible.

General $tatement of Policy entitled OMB appmve this request byNovemberissued at Webi 1.1995.

• 1agislation and Regulations "NRC w!!! Apo8ttsSE5:

@cabw. sus. aston.D.C this 23rd day resemd the entire 1992 General All written comments (at M*'un siete.

Statement of Policy upon final approval least three copies) should be addressed GarPoresson,Esecurm niector. Mrru,on senept cu and unplementauon of the " Statement Affairs of OMB Attention:to Of5ce ofinformation and Regulatory af Prinopin and Policy for the Duk OfLcer for the Pension Benefit Guaranty IFR Doc 9b26624 hied 1o-2a-05. 8 45 em m ee sees rien.e w

. __ _ ~ _ _ _ _ _ _ _ _._._ _ _ _ _ _ _ ____.. _ _

UNITED STATES NUCLEAR REOULATGRY C$MMISSION s

4 RULES cnd REGULATIONS Trna se CHAPTER 1. 0003 0F pgDgAAl. ReeptATIONg-gNgROY i

I COMMISSION NOTICES i

POUCY STATEMENTS i

1 AGREEMENT STATES 4

1 i

i 4

4 as Pa teso pub.L 3 Hrs which was enactedia the would be compatible with that of the Puhansies1/sa/tt form of a new secdon to the Ato.alc NRC.The criteria were circuleted j

enseem t/ss/s1 Energy Act (Section 374) and approved among Statu. Federal agencies. leber Amsaded tv Ps mutushed 7/ta/s1 by tbs erwident en Seatomber 33, sans and Induetry, and otherinteresled i

tee PR 38000)ane 7/21/s3 (as en sad amended by ub.L 36.004 groups for somment.

p 88378) approved November a sg73.Dese 4.The criteria reeutre that the State criteria are latended to indicek factore authority consider the total accumu!sted 4

Ortterte for Guidanos of States ang which the Commleelon latends to ~

• ccupatlonal radiation esposure of i

IIRCin gNeeentingenee of NRC sonaldela mving new or amended individuals.7o facilitate auch en Regulatory Authwity and Assumption agreements.

are not intended to appoech. Itle the view of the NRC that i

Dereof by States ThrouSh Ag.senong limit Commisel discretion in viewing an overe!! redlauon protection program individual agreements or amendments.

Se des;tabk.The maximum scope of i

j assust NuclearRegulat*Y In accordance with thne statutory sech Stste's radiation protection j-provisions, when an agreement between psogre sa ls not. however. a necessaEe or j

amese Statement ofpalicy.

a State and the NRCle effected, the oppropriate subject for severage.In Commiselon wGl discontinue its criteria. Consequendy, the criteria are aussessar.De Nuclear Regulatory l

Comualsales has revised its statement of regulatory authority within that State ellent on the question of whether a State 1

res criteria for guidance of ever one or more of the following abould have a total seralatory program

)

{

ke and NR la discannuano d materiale: byproduct material as defined oovning au sowess ofmdieuon.

i t

NRC regulatory authority and

.in Section 11e[1) of the Act including those not subject to control by ass tion of regulatory authority b d(tedioisot a), byproduct material as the NRC under the Atomic Er.ergy Act.

efined in etion11e(2)of the Act such as a. rays. redium, accelerators, etc.

tallings or wasks), source material (mill!. Due revised criterte provide for Sta through ement.%isocuo is

'I secesary to meTeditorial champes to i

spdate the polley statement. to snow (uranium and thorium) epecial nuclear

-. 1 g inte, an agreement for a ements for low, meterial(uranium 233. uranium 238 and dr, wrote category of materials, namely.

States to ents;intoAa lutonium)in quantitles not sufficient to low level weste materialla permanent levelwuk sely, a locarpweh 6e

{orm a critical saan and permanent disposal facilities. Dey ako provide

,,g,,,,g,,,,,g g, nell Tanings Redletion Control disposal oflow level waste containing new critwie for Stesee wishing to ene or more of the materlek stated contin +:e regulating arenlum and thorium Act of187& Adopuos of this policy wiB 1

eBow interested States to estarloto above but not including sn!U te!!!ngs, procesolag and the wastes resulting i

te with the NRC and regulate

1. An agreement may be effected therefrom under the prodeloos of the low waste etles only. Addjuonally*

between a State and NRC:(1)upon Uranium Mill Tellings Radiation Control toes States that meet the criteria for eertincation by the Governc.: that the Act of1978 (Pub.L swot) after es regulause of uranium mule and State has a program for &e controlof W d rL m t. n e m e d W rh i

enGings may esercise regulatory sedietion hasards adequate to protoot also contain a number of editorial 3

astberity over these sources as provided thepublic health and safety with respect changes cuch as changing AEC to NRC 4

by the Urahlum MID Tsuings RadiaUon to tu meterials within the State sovated where appropriate to conform to present l

Centrol Ast of1ert se amended.

by the proposed agreement and the practica and law.

Re revloed statenient of poli State deeltes to soeume regulatory Inquirlos abou e

M8ponalbility for such materiale; and (2) criteria or other espects of the NRC 3

seSecu the foD principal e s'-

^

1.ModtScotion twien at to after a Bading by the Commleston that Fedwel State Rehtione program abould the State pro be addressed to the Of5ee of State se =guir= gram is la scoordance withP,ogram u.S.Nuci Reg.iatwy aDow a State to seek saKment for i

ena d sub m ison eor i

as aguiaos ofiow w ew. a i

3.Inclua6en af additional crlieria for aosnpatIbh with the Commisslores Celteria8 C. 20655.

Commisalon.W espuote eengary, secuon 274 and la all other respects States wlahlas to continue reguledng program for the pguladon of such gg,,

i ersalum and ihorium pewoners and materials, and le adequate to protect the i

mBI talitags after November 8.10p1.

Public health and safety with respect to

1. Protect /on. AStateregulatory

3. $ditorial and clarifying changes to abe materiale sevend by the proposed rem shad be designed to protect th; make the statement current, agreement it le also necessary that the es th and safe of the people against satso:%io polley statement la effeedve State have enabling leglelauon radiation s.

1 Janeery 33. sept.

authorising its Covernor to satet into Rodieuen prosecus$sandorifs 8

"""b 80 *I#"*'"t*

)

rem PuerfW8A SWPORMateeli CeWTaCT:

• F.Kendi

3. The original criteria were pub!Ished i

D.'S. N wo l.0ffica of State programs' on u-ch u. => > rR asari efia

'a~"- - w a+a = r-r =>

4 e uniory Commusion.

discussions with various State officiale Q3 sa ses e Washlagten.D. 30833. telephorie: 301-ess.yygy, and other State reptesantatives, to gi..,,,,,,,,,,,,,,,,,,,,,,,,,,,,

provide guidance and epistence to the e n.a me..o.,nr et se ut pesarsmai of 1

SUPPLsesservant secreassations:

5teles and the AEC(now NRC)in tru perwuon ene o s.ruuun si.aaee na NChP.

1.Dese criteria were developed to developing a reguletory program which

'Susenwe sww naAmu ans suw te

• Gs* anwe= asa=rua=sua'in'. ann bnplement a program.authorised by i

es.Ao.1 September 29,1995 a

l

y 1

PCUCY STATEMENTS 2.Ssendards.De State regulatory and manifest system 1 shall be in authority abst! be authorised in for p, ram shad adopt a set of standards rog accordance with 10 CFR 20.

Individual cases to impose additional rotection against red!stion. which ne waste disposalstandards shall requiremer.te to protect health and i

snau apply to byproduct, source and include a waste alwelficauon scheme safety, or to grant necessary exemptions special nuclest meterials in quantitles and provisloes for weste forsa.

which wiu not jeopardise health and not auf!!cient to form a critical mass, applicable to waste generetors. that is safety.

S. Uniformity in Aodictio:t Standards.

equivalent to that contained la 10 CFR 11 is important 10 strive for uniformity in part et.

Prior Evaluation of Vaes of Aodiooctin techales! definitions and tenninology.

(b) Land dep*oeal of waste aceived

1. 888'I*3' particularly as related to such things hs been other persons.h State shall 13.PriorKvaluotion ef#asarde and units of measu'ement acd red!stion utgate Nguladone containing (Ares. Exceptions. la the present state of dose.There shall be uniformity on sing requirements forland dasposal knowledge, it is necessary in regulating maximum per:nissible doses and levels of radioactiw waste resolved from other the possession and noe of byproduct.

of radiados and concastrations of persons which are tfble with the source and special nuclear materials radioacuvity, as fLxed by part 20 of the applionble technical tions.

that the State regulatory authority NitC regulations bawd on officiaDy performence objectives, a=Ana t p, quire the subminion ofinformation approved radiation protector: guides.

seguirements and applicable supporting on and evaluadon of, the potential

4. TotalOccapotioso/Aediction sections set forth in to O'R part St.

basards and the capability of the user or Kaposure. The regu; story ai.thorfry sha!!

Adequate financial arrangements (under posussor rior to his receipt of the consider the total occupadonal radia tion terme established by reguletion) shall be mtwials. is criterion is subject to exposure ofladividuale including that sequired of each waste disposalsite certain exceptions and to continuing from sourses which are not regulated by licensee to ensure aufBclent funds for reappraisal se knowledge and 11.

decontamination, cleeuw and experience in the atomic energy field

5. Surveys. Mon /forists. Appropriate stabilisation of a disposal sita. In incmass. Frequently there are, and surveys and personnel monitoring under addition. Agreement State financial increasingly in the future there may be, the close supervision of technically arrangements for long term monitoring categories of materials and was as to competent people are esundalla and maintenance of a specifle site must which1here is sufficient knowledge to achieving radiolostcal protection and be reviewed and approved by the permit possession and use without prior shall be made in determinina Commies.on prior to relievina the site evalwtion of the hasards and the compliance w!th safety resulations.

• peretot oflicensed moponalbility capability of the possessor and user.

6. Zabels. Signs. Symbole. It le leecuon 181(a)(2). pub.1.97-43s).

These categories fall into Iwo brcups-those materials and uses whic may be.

desirable to achieve uniformity in labels, signs and symbols, and h completely exempt from regulatory posting thereof. However. it is essential centrols, and those materials and wes Cat there be malformity in labels. signs.

in which sancticris for misuse are cad eymbols affixed to radioictive maintained without pre-evaluation of products which are transferred from the individual possession or use. In person to person.

10. Aegulations ComminJSAlpment authorizing research and development F. Instruction. persons working in or ofAodiooctive Meteriots. The State or other activities involving multiple frequenting restricted areas 'shaU be shaU to the extent ofits jurisdiction uses of radioactive materials, where an instructed with respect to the health promulgate regulat5ns applicable to the institution has pecple with extensive risks associated with exposure to ahlpment of radioactive ma terials, such training and exper ence, the State radioacdvs materials and in precautions regulations to be compatible with those regulatory authority may wish to to minimise exposure. Workers shg established by the U.S. Department of provide a means for authorizing broad have the right to request regulatJo Transportation and other agencies of the use of materials without evaluatmg sech authority inspections as per 10 crK 18.

United Stales whose furisdiction over specific use.

section 19.18 and to be reptuented interstate shipment of such materials

14. Evoluotion Cr/ retic. In evaluating during lanpections as specified in swcmaruy continues. State regulations a proposal tu use radioactive materials, section 19.14 of10 CFR 10.

regarding transportation of radioactive the egulatory authonty shall determine 86 Storage. lJoensed radioscuve materials must be compatible with10 the edequacy of the applicant's facilities seterialin storage shall be secured CFR Part 71 and ufety equipment his training and against unautbertsed removal.

St. Aecorde and Aeports. N State experience in the t se of the materiale S. Radioactive Waste Dispoul.

regule'ory program shall require that for the purpose requested, and his bolders and were of radioacuve proposed administradve controls. States

)We die Ib materie unre.

materials (a) maintain records covering should develop guidance documents for radioacuve ubtebate into pomontwl redie Lion exposures. radiation use by licenu app!> cants. this guidance air, water and oewet. and burial in the soll shall be surveys, and deposals of materiale:(b) should be consistent with NRC licensing to accordance widi10 CFR pen 30.

keep records of the receipt and transfer and regulatory guides for various Holdere of reeoscove matedal deeldng of the materials:(c) report algnificant categories oflicensed acuvities.

es release or dispose of quantities or incidente involving the meterials, as

15. Human Use. The use of radioactive oencentrations of radioactive materiale prescribed by the regulatory authority;,

materials and radieuon os or in humans in esceu of crbd h ehlt b (d) make available upon vest of a v.*Il not be permitted except by required to oNia special permlulon Iorm*f 8mploy" a Mport o the Wy wshfied persons (normally from the appropriate regulate.y employee e exposure to redlauon:(e) at be:ned physiciens) possessing althority, request of en employee advise the prescribed minimum, experience in the Itequirements for transfer of waste for

• mployee of his or her annual radia'uon we of radioleotopes or radiation.

the rpose of ultimate depoul at a exposure: and (f) inform each employee yn,p,ggj,,

disposal facility (weste transfer in mens when thumployee has rer.elved todietion exposure in excess of

16. Purpose.Eivguency.The "seetwwd m suss u m. u u in the prescribed limits, possession and we of radioactive thch s cenir.1:s s in une in.r..e s., oie papene St. Addnional Aeguirements and materials shall be subject to inspection ar meen p=ect. etandnet.seen n, m Lemptions. Consistent with the overall by the regu! story authority and shaU be m6detal bdeas m.ow..N-IhT. oY. a."iN **D.'".m".N.i critene here enumerated and to subject io the performance of tuta, se euwwn.hb ush. n e,i,m

. i..

accommodate special cases or required by the regulatory authority.

3 he wt opui u e meiswd circumstances, the State regulatory Intrection and testing is conducted to 8"*-

determine, and to aufst in obtaining.

Septembede,1995 ps.AG 2 i

1 4

POUCY STATEMENTS assessments abould include in. plant (alEcology:

lastrumentation somologicalsafety aspects in (b)Environmentalefects of site as.%e State should have evahble escupailonel or vestricted areas and paparation and faculty saastruction on both neld and laboratory savironmentallapacts to in environment and biota:

instrumentation sufficient to ensure the unrestricted areas from t.

(c) Environmental effects of un and tweuu's control of materials and to i

(311 tis espected that the tate wGI discharge of chemicals and fuels: and vabdate the licensee's measurements.

soview, evaluate and provide (d) Econonde and sosial affects.

s.The state will submit its het of documentation of these evaluatloas.

c. " :;::M instrumentation to the NRC for review.

Esens wb!ch abould be evalsated are:

be(1) As a minimpn. items which abould Arrangements abould be made for

b;'

Ia ac#wities; inspected or included during the calibreting such equipment.

proposed action:

laspection of a trenium mill abould

b. taboratory. type instrumentation activities to be conducted:

adhere to the items evaluated in the in.

should be avausble in a State or

)

i i

i tive procedures; plant safety review.The principalltems through a commercial servios ch hu ie pacilityorganlaationand seconumended forinspection are:

b capab!Hty for quantitauve and sodiological safety resposalbilities.

(a) Adrainistration; qualiteOve analysis of radionuclides cethertues, and personnel (b) MiD circuit. Including any associeled with natural uraniums and its gealiScations; additions, deletions, or circuit changes:

decay chain, primartly; U.238, Ra.228.

[f{lJoensee sedits and, G,=sse; c) Accidents / incidents:

Th-320. pb 210. and Rn.222. in a variety Ig! Radiatos safety training programa part 13 or equivalent requirementa of sample media such as will be derworkers, el e State; encountered from an environmental (b) Radiation safety program, control (e) Action taken on previous Badings:

sampling program.

and mealtories:

(f) A mill tour to determine Analysts and data nducuon from (1)Rntricted area markings and semp!Iance with regulauona, and license leborstory analytical facilities should be tonese sentrok sonditions:

available to the licensing and laspection g) At amisting mula, review of (3)Taihngs waste management in authorities in a timely manner.

menftorias data, axposure records.

accordance with mgulauons and license NormaUy.b data should be avadable boensee audit and inspection records.

cond!tions (ne NRC Reg Guide 3.11.1);

within 30 days of submittal. State and other records applicable to am! sting (h) Records; acceptsbuity of quehty assurance (QA)

U.llis:

(1) Respiratory protection in prostams should also be estabhebed for (k) Environmentalmonitoring; accordance with license conditions or 10' the analyticelleboratories.

p) Emergency procedures.

CFR Part 20.

c. Arrangernents should also be radiologicek (1)Iffluent and environmental completed so that a large number of (m) product transportauon: and monitoring-les in a variety of som le media (n) Site and ysical decommissioning lk) Training programs:

somdting from a major ace.lfent can be procedures, o r than taihnss.

res

1) Transportation and shipping:

anal ed in a Ume frame that wiU allow i

(o)Employn exposure s'ata and bloenay progmas.

Lallntemalmview and audit by ti decisions to be made regarding management publ health and safetyld be made to b.Kny to/Anenment fn) Exit interview.ando) F nel written report documentlns elpate in the Environmental

d. Arrangements shou

)The environmental esaluetion documeYt d evs untic o the following the results of the inspection and Dndings hecuen Agency quality assurance i

)

items:

"jj'.*n d$lon, the inspectoc should program for la oratory Performance.

(a)Topographyt perform the followirt Geolow.

samphng. pendent surveys and (a)Inde I e droT and water quality; j

(3) Addluonal idance is contained i

Backgroun distion:

in appropriate NIC regulatory and Tallings retention system:

inspection guides. A coms/ete l

l i

Interia stab!hastion.rer.lamation, inty. ' en should be performed at least es SiteDecommissioningprogram:

use at par.

j In)RadiologicalDose Asessament:

d.

crot/ona/Doro Aerlew

1) Exposure pathway Source terms (1) addition to the reporting 4

1 i

L21 requirements required by the regulations i

L3) Dou commitaant to individuals or licenu conditions, the licenses win i

4) Dose commitaant to populat!one submit in writing to the regulatory i

l L6) Evaluation of radiological impacts agency within to days after January 1 ta the public to include a determination and July 1 of each year.nports of compliance with Stata and Federal specifying h quantity of each of the segulations and comparisons with principal radionuelldes released to background valuas unnstricted areas in liquid and in j

je) Occupauomaldoes gentius effluents during the previous six

17) Radiological impact to biota et* er months of operation.This data shad be m

t hanmen nported in a manner that wol peradt the j

(s) Radiological mordtering programa.

regulatory agency to confirm the pre eceupetional and operational potendal annual radletion doses to the 1

(1)lmpacts to surfees and

public, i

groundwater, both quality and quantity; (2) AD data from the redi ontand i

(l) Environmental e!!ects of accidanto:

son. radiological environnes

)

and monitoring program w1D ahe be (k) Evaluation of tauings enanagement submitted for the Mme time periods and i

afternetins la tems of regulauone.

inquency.The dets wu! be reported in i

(2)The States are annouraged to a manner that will allow the regulatory examlae the need to sapand the scope agency to conform the dose te, noeptors.

of the assessmaat late other areas such 4

as:

1 September 29,1995 PS A G-6

POUCY STATEMENTS 1

d!scor.tinuance of jurisdicties.

Arrangements should be made for the reelemauen er other bonded acuvlty has appropriate arrangements wCl be made reciprocai recognidos of State beenees been performed, funds for the purpen by NRC and the State to ensure that and Federal beenses in connection with are not to be transfmed to the Federal l

there will be no interference with or out.of.h Juttadiction opwattens by a Governrnent.De funde seuested by the interruption oflicensed setivities or the State or poderal ueeness.

State shall be sufficient to onente processing of licene applicatione, b gs.NACandDepartment o/ Knew compliance with the regulausse the reason of the transfer.For esample,y one Contracters. The State should provies Commluton establishes pursuant to approach miaht be that the Stata. in esemptions for NRC and DOE Secuen le1X of the Alamic Energy Act, assuming jurTodlcuen. could recognise eentreetore which are substantleUy

d. In h luunca dbeenaea, an and continue in effect for an equivalent to the following ensaiptione:

opportunity for written commente, oppropriate erfod of time under State a, prime contractore performing work public hearing (with treucript) and law, ex!st NRC licenses, including for the DOE at U.S.Governmaat owned aroes esaminetton le reautrod.

beemet for h!ch timely applications or controDod siteet

e. Ir the lesuances of beenees, a for rer.ewel heve been filed. emospt

b. prime contractore performing ver:ltrn a teminetton of the action le be where good cause warfarite the ear!Jer researchin, er development t Len tanJ upon evidence presented roomsmination or terminsuon of the manufacture, storage. testing. or during the public cosument period and l

Hunsa.

36. Ae/ouons It'hA rederot transportadon el atomic weapons or which le evbject to lvdicial review is

{

nents thereof; CorernmentandOtAerstores. Thm osafrime contractore melag or operating foquired.

g,

~f. A bee se major esasovelles pster to should be an interchange of Todetal and nuclear reactore or onber nuclest wietin of ane wietwa enverennestal State informacon and ses! stance in device in a U.S. Government owud WIr*ie seipalmed in t>sieries op cor.nection with the lesuance of vehicle or vessel; and

3. An opportunity shau be provided regulations and licenses or

d. Any other prime contractor or for pubtle participation through written autherisations,inspecuan of ficensees, subcontreetor of DOE or NRC when h commente public hearings, and judicial reportir.3 of incidents and violations.

State and the NRC jointi determine (I)

Mvlew of rules.

that, under the terms of the contract or

30. In the enactment of any supporting and trotning and education problems.

3r.Ceverose. Amendmens subcontract, there is ado uste legielsdon, the State abould take into Aeciproc/ty. An agreement pr'oviding for usurance Nt so werdereunduaan scoount the reservadons of authority to discontinuance of NRC regulatorF be occomplished without undue risk to the U.S. la UMTRCA as stated la to CPR authority and the assumpton of the public health and safety and (U) that laatsa and summarised by the regu! story authortry by the State meY the exemption of such contractor or faHowing:

rolete to any one or more of the subcontractor le authortsed by law.

a.ne establishment of minimum fo!!owing categories of materials within standards movemlag reclamation. lone-the State, se sentempleted by public Addluomal Criteric for States Regulating term ervehnos or malatananas, mal 1.aw e6-373 and Public Law sHos:

Ursalum or Thorium procewore and ownerehlp of the byproduct material

a. Byproduct materials as de8aed in Westes Resultlag Derefrom After b.no determinauce that prior to the section tieft)of the Act, November 4. 3881 termination of a 11cenes, the unansee has

b. Byproduct materials as deBaed la gg,fuge complied with decontamination, secdon11e(2)*of the Act, decommiseloning and reclamauen

c. Source materials.

30. State statutes or duly promulgated standards, and ownership requirementa

d. Special nuclear meterials la reguladona abould be enacted,if not for eftes at which byproduct materialla quanudes not suf5clent to form a alreedy in place, to make clear State p,,,, g, cridcal mass, authority to carry out the requirementa c.De requirement ht prior to

e. Law. level wastes in permanent or public Law SH04. Uranium MID terrainsuon of anylicenae for byproduct disposal facilities, se denned by statute Tat 11ags RedieUon Control Act material as defined in Section 11s.(2) of or Commleelos rules or reguladene (UM'IllCA) as follows:

b Atomic Energy Act or for any containing one or more of the materiale

a. Authority to regulate the tauings or acuvity that resulta la the production of stated in a, c. and d above but met weetes produced by the entraction or '

such meterial, tide to such byproduct including byproduct material as defined concentration of utenfum or thorium meterial and the disposal site be in Section 11e(2) of the Act; from any ore processed primaruy forits transferred to the Federal Government but must relate to the whole of such source meterial content.

or State at the option of the State, category or categories and not to a pan b.Det an ade uste surety (under prwided such opdon la exercised prior of any category.'ifless than the eve terme estab!!she by ngulation) wiu h to termineuen of the lleense.

categories are included in any provided by the licenne to anure the d.no suhrity to require such discontinuance of jurisdict'on, compfetfon of au requirements monitoring. roeintenance, and slecontinuanos of NRC regulatory established by the (cite appropriate e

euthority and the sesumption of State egney) for the duontamination, amusucy musuru afur N Ucenu le krminakd u nuoupy to grouet b regulatory authortry by the State of the decommissioning. and reclamadon of public bulth and safety for those cthers may be accesplished oftes, structurn. and equfpment used in n'aterials and property for which the subuquendy by an amendment or by a conjunction with the generstion or State has assumed custody pursuant to later agreement, disposal of eoch byproduct material.

pub. L BH04.

De agreement may incorporate by c Ifin the States'llcansing and e.De authority to pumit un of the reference provisions of other documents, regulauen of byproduct material or of swfue or pheim nau.or both of lacluding these criteria, and the any activity wasch produces byproduct the land transferred to the United States agrument shall be dumed to material, the State collects funde from or State pursuant under provielen of the lacorporate without spec!!1c reference the41censee orits surety forlong. term Uranlurn Md! Radistion Taitings Control the provisions of pub. L e6-373 and Pub.

survelUance and maintenance of such

Agg, L BH04 and the related provisions of material, the total amount of the funde f.no asthority to exempt land the Atomic Energy Act.

collected by the State shall be ownership transfer requiressents of treneferred to the U.S. if custody of the sution 83(b)(1)( A).

'Aseie=bandue wiw e te usure byproduct material and its disposal ette oonudtis refweble that State statutu 31.I NcYmDeSe't$e'dYtE"[E' Net is transferred to the Federal me Atemis twr Covernment upon terminetlon of the Model Act, bvutou d Secuon a d the a seet evenniiuci u emenaed. are f.e embe, State license. (See to CFR 160.32 )lf no the following may be u s. swoe mer ews p,,,,[lished by adoption of eitherru by regulation or kchnic accom g*g;ge,n agh m

m defsuit has occurred and the September 29,1995 PS.AG 4

i O

POUCY STATEMENTS esopliance with regulatory of eeeluetles and laspection of all of the specio/NuclearMeterial Source requirements.

various ases of byproduct source and Moseriolond Tritium Fro ofinspecties shau be special asclear material which might It. Conditions Applicable to Special sole to the amoust and kind some to the regulatory body should beve y,,j,,f y,,,ff,f, s,gf,, y,f,fj,f ang efmotselal of operstles substantial training and entensive Tritium. Nothing in h Stste's l

lleensed,andit be adequate to esperience la the Aeld of radiation re8ulatory program shallinterfere with

{

lasere,esoplianos, protection.11le desirable that such a 6 dutiesimposed on the bolder of the

17. n -

Campo taa - eas person beve a bachelor's doyee or meterials by the NltC. for essms.le. the 1

j ebau be'ander obligation by w to sciences and spe)cific training-redieuen duty to report to the NRC. on NRC equivalent in the hysical orlife provide aesame to begetore-"I'8 8f Proketios-nuclear msterial. source material and prescribed forms (1) transfers of special 3

3& M*888" */

1 i

Aupeesies. unenem am sotitlad to be Itle acognised that there wul also be tritium, and (2) periodic bentobdata.

j advised of the results of inspections and persons in the program performing a 32.SpeciolNuclearMoserial ' fined.

3 motica es to wkthat or mot they am in more limited funption in evalueuen and Special nuclear material in quantities 4

esopliance.

Inspecuen. nese persons will perform not sufficient to form a critical mass, for 4

Dforcement the day-to< lay work of the regulatory present purposes means urenlum j

SWoromat Poennien and see program and deelwith both routine enriched in the isotope U-235 in ettentions as weg as some which win be quantities not exceeding 350 grams of elradiascuve meteriale should be out of the ordinary.Deee roons contained U-235; uranium 233 in amenable to enforcement through legal aber.!d how e bachelor's or quantitles not exceeding 200 grams:

eenetions. and the regulatory authority equivalent in the physical life plutonium in quantitles not exceeding shall be equipped or esalsted by lew i

eciences. training in health hyeles, and 200 g ams; or any combinetion of them sWe ee necessary pown fw pmmpt approximately two years o7setual work in accordance with the followin$

enforcement. Dis may include, as experience in the field of radiation formula: For eoch kind of specia oppropriate, administrouve remedies protection.

nuclear material, determine the ratio j

looking towaronnance of orde ne foregoin are considered between the quanuty of ht special aquirmg of5nnauw action or desirable quehbcations for the staff who nuclear material and b quantity l

e:speulee or mvocation of the right to will be responsible for the serval specified above for the same kind of j

possess and use materiale and the performance of evaluation and speciel nuclear matarla!.De sum of In e of and impo ing i inspection. In addition, there will auch uties for all of the kinds of special probably be trahes associated with the nuc! ear rnaterialin combination should j

eM or criminaj enajbe.

p 3

regulatory program who will have.an act esceed T (i.e unity).For example.

j personnel ocedemic background in the physical or es foUowing quanuun in combbdon

30. Qualifications of Aesulatory and life sciences so we!! es varyinpomounts would not exceed the limitados and am

+

?

Jaspecsion Aersontfl. De regula tory of specific tral in radiation within the formula. as follows:

I agency shall be staffed with sufficient protection but litt e or no actual work i

trained personnel. prior evaluation of experience in thle field.%e background 17$ (grsms contained U.235) +

applications for licenses or end specific training of these persons suthorisations and inspection of will indicate to sorrie entent their MD l

hcennes must be conducted by persons potentfel role in the ngulatory programs 4

i ponessing the training and emperience These traloees of courve, could be med

$0 (grams U-233),50 (grams Pv),3 i

nlevant to the type and level of initially to evaluate sad inspect those g

g radioactivity in h proposed uw to be opphcations of udioecun materiale 2

evaluokd and inspected.nla requires g d [to be ed1e"ione$

(This definttion is subject to change by w

a oo i

,'g",',Y ' f[

dio h

standpoint. for example, inspection o future Commission rule or mgulation.)

casocleted with e many uses of industrialseuses amallrueerch umin/stration-2 radioactive matertal and includes programs, and diagnuuc medical gg g,, g gg j

c:ncentrations of radiosetin materials P"8" * A' Ny*,I" **P"I'"'" 8"d and impartial edministradon of in air and wet tr. conditions of slRelding.

[*[p"

i,3 f " dea ulatwy lew. including prodsfon fw

"(Aic participation whm appropriate.

th t the making of radiation measurements, more com[ex or difdcu,lt types of pu knowledge of radiation lastrumento--

redioactive material applications. !: le should be incorporeted in procedures hir selection.uee and calibratio'*

duimble ht such tromm han a I*':

i laboratory design, contamination bachelor's de or equivalent in the eJwmulaUon of rub of geral control other general principles and physical orliEscionen and specific

• P[.licebility; Approving er denying applications practices of radietion protection and training in redieuon protection. In for hemu or suecdsauon to pomse use of management controle in assuring deterretning the requirement for and 6se redioactive meteriale. and adherer.ce to safety procedurve. la order seedemic training of individuals in all of c.T.Iin to evoluete some complex cases, the the fagoing caksode propw hemm. g disciplinary actions agelnet

. State regulatory staff may need to be consideration should be glwn to eupplemented by consultants or other equivalent competency which has been Arroitements forDiscontiavigtNAC State agencies with expertlee in geology bydrology, water quality, radiobiology '

gained by appropriate technical and 1stisdsction radiadon protecdos esperience, State shouldindicc%e We Aswy nodon. &

and engineering disciphnee.

Itis recognised that radioactive

'cb agency or To perform ale functions involnd in materiale and their uses are so varied asmin wiu how su% fw carying evaluation and inspection, it le desirable that the evaluation and *

-h sket there be personnel educated and funcuene wn! rdquim abidiiand Nedrogram and should vide the

• '"*'"*'IO N8"I trained in the phyelcal and/or life experience in the different disciplinee authority.bre abould be esaurances j

eciences. lmeloding biology, chemistry, which willnot always reside in one t>8 d P >= 'r*<=>u a -d i

4

,6ysico and engineed g. end issiihe eviho,4, shouid Cmon.ne guieio7such stiife siihe,

=

• a8 wa' ad ia i

• -$na.

ve ihe com,osiie o

• n,a,I may be dairable that there be a

,e-nnei beve had ireining and experfeone in radia tion protection. For in its empidy or et its command. noi essaple, the person who wn! be only for routine functions, but also for

• 75 I isfi

'[I

• s an responsible the octual performanos emergency cases.

Arnding Applications. In effecuna b PS. AG 3 September 29,1995

________m.

m. - _ _ _ ______ _ _.__=. _._ _. _. _ __._ ___ _ _

POUCY STATEMENTS assosomente ebeuld include la. plant (a)Isology; lastrumenfotion radiologicalsafety aspects in (b) Environmental effects of site as.no State should have eveDeble occupational er restricted arose and preparadon sad facility construction on both field and laboratory environmentalimpacts to is environment and blots:

instrumentation sufficiant to ensure the unrestricted arose from ant.

(c) Environmental effects of we and licensu's control of materiale and to (Illele espected that the tale wGl discharge of chemicals and fuele: and vaudate the licemee's meuunments.

noview.evolmate and provide (d) Economic and social effects.

a.The State will submit its list of docussestaties ofIbeos evaluatloas.

c.lnepectione istrumentauon to the NRC for review.

3 eme wh!ch should be evaluated are:

(1) As a minimlbn.itame which should Arrangementa should be made for i a' proposed activities; be impected or included during the uhbrating such equipmest.

b?

proposed action:

Inspeedon of a uranium mill should

b. Laboratory. type instrumentation i

i activities to be conducted; adhere to the iteau evaluated in the in-should be available in a State asency or ove procedures; plant safety review.The principalitems through a comunercial service which has j

i 1

I pacGI tion and recommended forinspection are:

the capabihty for quantitauve and l

see ty sosposalbuities.

Ial Administration; qualitauve analyels of radionuchdu c thertiles,andpersonnel (b)MiB circuit, including any wooctated with natud mlum and f.e synat**atieas addtuons. deletlom. or circuit changes; decay chain. primarr a %1 Ra 226.

(f)IJeessee endite and inspectione:

(c) Accidente/ Incidents:

Th 320. pb.210 and Rc-?.M. la a variety (g) Radiance safety training programa (d) part 1g or equivalent requiremente of umple media such as will be fee weekers:

ef the State; encountered from an environmental (h) Radialies safety program, centrol (e) Action taken en previous Ondings; sampling prograin.

and meal (f) A milltour to determine Analysis and date reduction from (1)Ree area markings and sempliance with regulations, and license laboratory analytical feelhtles should be asesse sentroh conditions:

available to the licensing and inspection

0) At esisting mGla. review of (3)Tallings waste management in authorities in a timely manner.

I monitoring data, exposure records.

accordance with regulations and license Norms 11y.the data should be avausble

}

licensee audit and inspection moorde.

cor.d!tions (see NRC Reg Guide 3.11.1):

within 30 days of ubmittal Stste l

and other records appucab!e to existing (h) Records; acceptabuity of quality assurance (QA) truls:

(i)Respiratoy protection in programs should also De established for (k)Enviesamentalmonitorin l

p)Emergencyprocedures. g; accordance witn heense conditions or 10 the analyticallaboratories.

i CFR part 20.

c. Arrangemente should also be sodiological:

(j)Efflant and environmental completed so that a large number of (m) product transportation: and monitoring; les in a variety of sample media (a) Site and physical decommissioning (k) Training programa:

sam [ ting from a major actident can be procedures, o.her than tailings.

(1)Transportauon and shipping:

ans! d in a time frame that will allow

,,, g l

(o) Employee exposure data and (m)Inkrnej revkw and audit by time decisions to be made regarding bloessey programs.

management public health and safetyld be made to b.EnvironmentalAssessment

( } Exitintervlee,and

d. Arrangemente shou h) Final written report documentlns 1)The environmental evaluation ab(ould coulst of a deteued and l

hrticipate in the Environmental documented evaluation of the fo!!owing the ruults of the inspection and findinge program for beney quality assuranceboratory iection A lisme:

on each item.

(2) 'n addition, the inspector should

(*) Topography perform the following-Geolo,

(a) Independent surveys and lc H, and water quality; sampling.

l 1

hieteoro (3) Additionel guidance is contained l

le Beckgroan redletion:

ir, appropriate NRC regulatory and l

Lf) Tailings retention system:

laspection guides. A complete j

g) Interim stabihsation. reclamation.

Int;to.on should be performed at least I

and Site Decommissioning progrun:

u m.e tar p ar.

(b)RadiologicalDoes Assessment

d. 0;crotionalDoto Aerl**

(1) Source terme (1)In addition to the reporting l2) Exposure pathway requirements required by the regulatione is)Dow commitment to ladividuela or utense conditions, the beenne will h) Does commitment to populatione submit in writing to the regulatory (5) Evaluation of radiologicalimpacts agency withiri 30 days after January 1 b the public to include a determination and July 1 of ench year, reports of compliance with State and Federal

,p ettgns the quantity of each of the lations and ccapartoone with principal radionuclides released to values unrestricted erees in hquid and in l

I31 pationaldose gaucus effluente during the previous six l

(7) Radiological impact to biota other months of operation.This data shad be hanmaa reported in a manner that wul permit the (3) Radiological monitoring programa.

regulatory agency to confirm the pre. occupational and operational potential annual red;etion doses to the (t) Impacts to eurface and public.

groundwater, both quelley and quantity; (2) AD data from the re Iand U) Environmental e5ects of socidents; son radiological environnes and anonttoring program wiD also be (k)Evaluatios of tauings management evbmitted for the same time periode and e

l alternatives in terms of regulations.

frequency.The data will be reported in 4

(2)The States are encouraged to a manner that win n!!ow the regulatory esamine the need to ompand the scope agency to conform the don to receptore.

l elthe asusement into other amas such as:

sepumber te,1995 Ps-Ao o

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O O

Radiation Control Act This deatt act is a compkte updating of the 1968 Suggested 3rste Legaistion act.

it now covers both ionstens and =a==a=aning radiasion. Procedural requaements i

for pubhc participation in hcenssag of source misserial processang and related neiE

{

eailms management, envuonawasal impact analyses and judicial erwiew have been

[

added ise order to conform to she fednal Urannan bliR Tashngs Radention Control i

Act of 1978. Ameliorizacion is provided for the negotiation of eesposalinterstate compacts foe low-level radseactive wasec desposal, the acepsishion of land for dgosal snes and the essabbsheng of a low-level wase sheposal service. User fees ese aho authorized.

The legislasion aho regesires that licensees provide fumancial sesrety to guaransee

[

closure, decomunissaosung, reclasazion and long-terne care funds to cover cassoelial services after hcenses sernunase. FinaEy the draft law gives eine seases autherhy so assess and coEect covd monetary peisahies for eiolations of teenssag or regisermion requirennents.

[

Many parts of the act are presessed ise brackets. Indicasing opcions for bib

~

draftees. There are aho several comuments offeved on specific parts f the law.

The draft legalmion was submissed by the U.S. Neckar Regula ry Connais-350 #

• l e

Suggested tegMaslon (Title, enacting cimene, etc.)

l I

section 1. Ishort Tsar.] This act may be ciud as she Radiation control 2 Act.

I r

i Section 2. IDerdsruries of PsAry.] It is the policy of the sease in fur-l 2 therance of its 4 Ny to prosect el6e [ occupational asuq puhhc heakh t

3 and safesy and the environament:

[

4 (I) To inssisuse and saisineain a regulatory prograsm for sources of ionir-5 Ing and nomoniting radiasion so as to provide for composibility and g

t a

6 equivalency wish the scandards and regelmory progranes of eine federal 7 goveransent. la single.l lan integraced.l erkesive system of regulacion wishin 8 the sease, and a system consonant insofar as posssble with shose of other 9 states.

le

{2) To institute and snainsaisi a prograni to permis M.

A and use II of seestres of radiation for peaceful purposes consneens wish the heakh and 12 safety of the pubisc.

13 (3)To provide for the availabstisy of capacity either wishise or outside the 14 stale for the disposal of low-level radspactive waste generated within the sease 27

a I

^

Suggessed Sease Legnaation Rmliation Consfoi v

35 e8 Cept for wane generased as a reseh of defcase or federal research and 27 serpent entraction cycles. or equivalens in a facility for reprocessing it.

[

16 develosenene activieirs and to recognize lhat such radioactive wasic can be 23 radiased reactor feet.

[

17 seiosa safely ased efficiently naanaged on a regional b. isis.

29 (iei) Solids into which such legend wasses have been com. rted.

l 30 (7) " General license" nicans a license effective moder regulations pro-f i

Sediose 3. [Pesrposr.) h is the purpose of this act to provide:

31 malgased by the lagencyl without the filing of an appbction wish she las;encyl f

2 (l) A program of effective regulation of sources of radiation for the pro-31 or the issuance of bcenseng docennents so particular persons to transfer, ac-(

3 setten of the loccupational andi pubise heakh and safety.

33 quire, own, possess or esse quantities of, or elevices or esguapanent utihases.

4 (2) A prograsm se prossioec ase orderly regulaeory pasecen wishise the stale.

34 raneoactive masevial.

j S asesong the seases am. %ctween the federal government and she state and 35 (g) " Specific Iscense" nicans a hcense, issued to a mansed person upon 6 facabease insanovernmenial couperasion wish respect so use and regulation of 36 applicasion feed under time regelmeions promulgased under this act. to use.

7 sources of radiation to the end that duplication of regulasion niay be 37 snanofacture, produce, transfer, recesse, acgmere or posacss quanshies of. or S suunmissed.

3g devices or equipment esihams, radmactive museerial.

9

0) A prograsm to emaldesh procedures for assumpeion and perforenance 39 (9) "I.ow-kvei radmactive wasse" nicans radesactive wasse not classirsed L

80 of certain regulasory % - M2ies wists respect so byproduct, sowcc and 40 as high-level QMive

e. transmanic neckar fuel or il special neckar nesserish and radiation gesierating equspment.

4t(bypeeduct smaserial-) D brt @

'i j

t 12 (4) A prograne to pernow use of sources of railialion consassent with the 42 (10) "periion" airans any '

1"- ". corpo. asian, partanshp. renn, j

13 health and safety of the pubhe.

43 assocsation, emst escase, pubhc or privaee inukusioa. group, agacy of this l

44 stase ether sisan lagencyl. polieical suhdevision of this saase my otten stak or I

Section 4. IDrfkedrions.] As weed in this act:

45 political subdmuon or agewy skueof, and any legal succenw. repran-l 2

(1) "Dyproduct misserial" nicans:

46 tative, agent. or agency of the foresoms. but not incledag kdual govere.

l 3

(i) Any redsometive naascrial(cacept speesm1 nuclear suascrial) yacided in 47

""'38'"'I'

4 4 or snade radsoactive by caposaare so alie radiatien incidens to the process of 43 dit) "Raination" mans ionizing radiese.en and manionirms @h 3 producing or insilizing special neckar seinscrial, and l

49 (12) "lonerms radiation" -=== gasusam rays ased X-rays; alpha and heta 3

6 (ii) The sadness or womes proshsced by slie entraction or concer.tration 50 particks, high-speed electrons, amorons, protons. W aba dar sur-7 of meanians or sternene froen any ore processed pnmardy for its sosrce Si cicles; but om sound a radio wows, w adde. inM w ukM W.

[

g snaserial consent.

52 (13) "Nonsonizing radiation" sneans:

I S3 (i) Any ekctromagnetic radiation, other than Mi"E else-

[

9 (2) " Civil pemahy" sneans any monetary penalty leviad on a licensee or 10 registrant because of vioinsions of seassees, regulations, licenses or regisara.

54 trosnagnetic radiation.

[

18 tion certificases, but does not iactode erinunal penakies.

35 (ii) Any sonic. ettrasonic or infrasonic wove.

l 12

0) "Closme" or "Sise closure" nicans as activities performed at a waste 56 (14) " Radiation generasing eigesponent" means any smani.f4 send I4 a stable condicion so aliat only seienor cessedial care, servessance and 57 product or deme, or compommt part of such a product a h. w any

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13 disposal sisc. such as stahderssion and coneoering. to assere that she siec is in I 33 machene or system which denna operation can gennak or ok radioss,on co-35 moneering are necessary at the siec fobowess seressmation of bcensed opera-

$9 eept those 34ech emit radiation only frase ruimactive nascial l

16 gion.

60 (IS) "R=&aarsive nimeerial" nicans matenal (solid. liquid or gas) which j

17

' (4) "k

" sacans rmal operational activisies at a facility so 61 emits sonizing radiation spontaneoudy. It in% acuinator 4 "., j 62 b,

" 1. neeerally occurring. source and specnol nuclear masamis.

l is gdnmantle sise structmes, so deconsaminase siec serfaces and remamung serve.

19 Iwes. Io stabiliac and contain ressdeal radmactive maecrial and to carry out 63 (16) "Regiseration" nicans registrasion wkh the agency in acconimace 20 any other activisies so prepare the sise lor possoperational case.

64 with rules and regulations adopeed per===a to this act.

28

0) "Duposal of low-level radioactive wasse" nicans the isolation of such 65 (17) " Source esisteriar'suecans eransom or shorium, or any cesetnnasion 22 waste from the Inosphere by r," w..; in a lased banal facility.

6gi thereof, in any physical or chensical foren; or ores which conesin by weight 23 (6) "llish-level eadegctive wasse" sneans:

67 ene-twentiesh of one percent (0.05 percent) or snore of womum, shorium, or j

24 (i) Irradiated reactor fuel.

a y co itionesion thereof. Source snaecrial does not include special neckar g,s 25 lu) Liquid wasses resehing from the operation of the first cycle solvent q,9 suascrial.

26 entraction systm or espeivaleses, and the cosicentrated wasses from sub-10 (Is) "Soone sneserial sniN tailings" sacans the saihngs or wasses pre-29

=

n

wasgrace some a.cgestatoss Madeaseosi to6....

[

78 deced by the entraction or concentration cf uranium or thorium from any 19 with use of sources of radiation.

f 72 ore processed primarily for its source maecrial con ent, including discrete sur.

20 (2) Develop progranis wish due regard for compatibihey with federal pro. [

73 face wastes resching Itone esaderground solution entraction processes but not 21 grams Im Wan M byproilect, source and senial nuclear maserials.

I 74 isschsdeng undergroursd are bodies depleted by such solution estraction pro-22 (3) Develop programs wieh due usard for consiseency wish federal pro.

(

75 cesses.

23 grams fw wgulation M radiaten generaem, s esteepment.

76 (19) " Source naatcrial misNing" sacans any processing of ore, ll including]

24 (4) Formulate, adopt, 6 -n Me and repeal codes, rules and regula.

[

77 lencliedeng] underground sohstion catraction of unmined orel, primarily for 25 tions, which may provide for licensing and/or registration, relasing to coeurof l

7s the purpose of ensracting or concentrating uranium or thorium therefrom 26 of sources of radiation v ish due regard for counpasibility with the regulasory

[

79 and which reseshs in slee production of source material mill tailengs.

27 programs M the federal gewernment, r

23 (3) Issue such orders or snodificacions thereof as niay be necessary ist j

teamwee: The ssa.c-

, rdered ron et enu siewe==e hm brocsen. =en his che iaciewon er ee-s et = *f =adns**=ad e===is.pe st. Tmc U.s. pe.cerse net.eu.,r C*aa'amoa ed nn. shas in ne 29 connection week proceedags under ehis act.

{

e,umen.e it e.e ed rear agmemons oresapetedny och the uwent of es*eallaws med segeluson.

30 This power is intended for use in conjunction wish any hecesing ansehoriey, 30 (20) " Sources of radiation" nicans, couectively, radmactive piascrial and 31 (The act or acts providing Ihis authoriey should be cisc1l

}

Si redissiose generasing egpsepment.

32 (6) Advise, tosisesk, ased cooperate wish oeher agencies of time state, the

[

g2 (21) "Special nasclear maserial" sneans plutonium, uranesen 233, and 33 federal government, eeher senses and inserssaec agencers, poliescal subdivi.

g3 eraalism enriched in the isotope 233 or in the isotope 235, but does not in.

34 siens, and other organizations concerned with control of sources of radia.

{

34 clude source nimeerial; or any maserial artificially enriched by any of the 35 tioen.

85 losegoing, but does not include source maecrial.

36 (7) llave the authority so accept and administer loans, grants or esiser 86 (22) " Spent nuclear feel" nicans irradiesed nuclear fasel that has 37 funds or gifts, condseional or seherwise, ist fiertherance of its fasactions, frans i

37

- % r at least one year's decay since being used as a source of energy in a 33 the federal goveransent and frosa other sources, pubhc or pr.vate.

{

as power reactor. Spent fuel includes the special nuclear material, byproduct 39 (8) Encourage, participate in, or conduct studies, inveseigaties <, train.

39 unaecrial, source seascrial and other redsonctive saaserial associated with fuel 40 Ing, research and desmonstrations relating to coperol of sources of radiation.

90 assesabhes.

41 (9) Collect and cessesmenate infernission a. lasing to comerc 1 of soesaces of I

91 (23) " Transuranic wesse" sneans r==t===rtive wasee containing alpha 42 radiation. inchsdeng:

{

92 emieting transuranic elements, with redsoective half-lives grenser than feve 43 (i) Masneenance of a file of at license apphration, issuances, denials, t

93 years, in encess of)lf-- w. per grams.

44 amendaients, transfers, renewals, noodifscasions, suspenssons and revoca.

t IN 45 tions.

I Section S. [Stase Jtedmedon Controf Agevery.]

46 (ii) Masseenance of a file of registrants possessing sources of radiacion r

2 (a) [The departnient of is hereby desagnased as the State Radiation 3 Control Agency, hereinafter referred to as the agency.] [There is hereby resysisig registraciosi usader the provissons of this act and any admenestrative

[

47 4g oc judicial action pertaining thiereto.

4 creased a Sease Radiation Comerol Agency, hereenafter referred to as the 5 agency.The agency shas he an organizational component of the saaec depart" (iii) heaansemance of a file of a5 of the agency's rules and registasions 49 6 nientof

.l [There is hereby creased an independent Sease Radiasion Con

• relasing to regisimion of sources of radimion, pendens or prWed, anst 30 Si proceedings thereon.

7 trol Agency, herrusafter referred Io as else agency.]

e 8

(b) {The head of slee sesee departnient of I shau designateIhe director Comunes senerenses set and to start fosse we weemumener4 see ehene users in stirm womessery

}

,,,,,,,,ii,i,,,,,,,,,,,,,,,,,,,,,,e,,,,,,,,,,,,,,,,,,,,,,,. The mese mer se eingsi emis 9 of the agency, hereinafter referred to as the director, who shall perform elic c 4 emme sences se e =

_ ny ew. ming one se eves earnews immeed er se a ess r ceae.

e 10 functions veseed in the agency under the prownsons of this act. [lf an ist-d=eser.

l 12 dependent Sease Radiasion Control Agency is created, the governor shoiskt Il i

appoint the directwJ 32 (c) The governor stiaE desegnate a Coordinator of Radiasion Activise.rs.

l 13 (c) la accordasice wish the laws of the sease, she agency may eneploy, com-53 The medinaew shat:

14 pensaec and prescribe she powers and distics of such indeviduals as may be 54 (I) Consuk wish and review regulacions and procedures syf the agencies 15 necessary to carry out the provniosis of this act.

35 to assure consistency and so :irevent unnecenary duplication, enconsisteneses 16 (d) The agency shall for the protection of the [ occupational andi public 36 or gaps in regelmory requirements.

17 heakh and safety land the environmenti:

37 Q) Review lbefore and] after the holding of any public hearing required IS (I) Develop programs for evaluation and control of hazards associated 33 under the provessons of this act prior to presnelgasion, else proposed rules 30 31 l

beggeseedSeat Legadatious a.

r Radiatiost Coseesue

$9 and regulations of an agencies cf Ihe stase relating i2 use and centtot of radia.

3 Regulasory Comunission,l or devices or equapnient utilisisig such senaseriallsl.

60 tion, to asseste that such rules and regulations are consissent with rules and 6 Such rule or regulacion shall provide for aseendement, suspensson or revoca-l 64 regulations of other agencies of the state. Proposed rules and regulaeions 7 Ison of licenses.

i 62 shall not be effective until l

[ days after subenission to the coordinator,,

a W) The agency is authorised so require regisstation lor hcensegl of other j 63 useless cialser the governor or the coordinator waives all or part of such I' l 9 sources of radsation.

64 day period. The waising petiod shouki run concwrensly wah any waning to 65 period required by asey other state law.

(c) The agency is authoeired so caesupt certain sources of radiasion or kinds i 11 of uses or users kom the licensing or regiseration reqessements set forth in 66 (3) When the coordinator detersenes that proposed rules or regulations 12 this section when the agency niales a fisedsag that she emesseption of sesch ;

67 are inconsissent wish rules and regulations of other agencies of the seate, con-13 sources of radiation or kinds of uses or users wiu sees conseisuse a significant ;

6g suk with the ageneses involved in an effort so resolve such inconsiseencies.

I4 risk to the heakh and safety of the pushisc.

69 Upon sootificasion by the coordinator that such inconsistency has not been 15 (d) Rules and regulations.-_ _Wed under this act saiar provide for 10 resolved, the governor snay rised that the proposed resies and regulations or 16 recognition of other sease or federal licenses as slee agency essay dresa l 78 parts ehereof are inconsiseeset with rules or regulacions of other agencies of 17 desirable, subjces to such regiseratiose reqintensenes as the agency snay !

72 the state and niay issue an order to shat effect in which event the proposed la prescribe.

73 rules or regulations or parts thereof shall not betonic effective. The governor 74 snay, in the abernative, upon a suuntar determination, direct the appropriale l ALTERNATE II(Long Fonse)l

[

75 agency or agencies to amend or repeal esisting redes or regedations to achieve 76 eensneency with else preposed rules or regulacions.

(f) The several agencies of the sease land polhical :-MM 4 shan keep seggion 7. [Lawsusing auf Reguerstion of Sosweys of Mediation.]

I 77 2

time coordenseer fully and currently infornied as to their activities relating to (a) The asesicy shas provide by rule or regulation for l general or specific l !

78 3 licenseg of lt,,.

n;, noenee and special nuclear maserishl [ radioactive !

79 N

~ and] repalation of sources of radiation.

4 material l ltadsoactive smaterial not under the authority of the U.S. Nuclear [

5 Reguissory Commoisssonl or devices or equernment usilizing such snatersal. !

l Section 6. IAdessory Consmirere on Radierion.]

6 Such rule or regulacios shaN provide for amendment, senpensson or revoca- [

2 (a) The linsert appropraase ofrecimil is authorized to appoint an Advnery 7 tion of hcenses. Such rule or regulasica shaN provide thas:

}

3 Comnaistee on Radiation ca sing of[

] members with trawung and en-5 (1) Each applicasion for a [specerscl license shall be in wri ing and shau 4 perience in the versous fields in which sources of radiasion are used. Members 9 sease sesch informasion as time agency by rule tw egestation, sna, descronine so ;

i 5 of the commielee shau serve at the decresion of the linsert appropriate of-10 he necessary to decide she technical and fina. sial qisakfication or any other !

6 ficiall and [recerse no salary for services but niay be rennbursed for actosal es.

Il quahrscasions of the appiscans as she agens + may deens te sonable and l 7

penses mecurred in consieesion wish ascendance at committee sucetings or for 12 necessary to protect the loccupational andl pubhc locath and safety. The [

8 authorized bussness of the committee.] [ when on bussness of the conessissee.

33 agency may as any sisme after the rding of the application, ased before the en-j i

9 be entitled to recehe conspensasion at the raec of [

doNars per diem] [in 14 pirasion of the Iscense, require twther wriesen statenients and may suiske such IU accordance with

] and senay be reenbursed for actual empenses incurredj.

15 inspections as she asesicy suiay deem necessary in order to descremne whether j 18 (b) The committee, if apposased, shaN niake reconenseridations to the lcise 16 the license should be noodified, suspended or revoked. AN applications and 12 appropriaee ofreciali and furnish such advice as niay be requessed by the 3

17 seasensenes shaN be scened by the appiscant or Incensee. The agency seiay re-j 13 agency on nineters relseing to the res. station of soissces of radiation.

18 quire any applications or seasements to be made usader oath or affwsmation.

l 19 (2) Each license shaN be in sowie forme and contain such ser as and cos'idi-l l Comuner: Tee abaume es for Berashia are presemed, stic ress a shoreer om 20 gions as she agency snay by risie or regislation prescribe-21 (3) No license issesed usader stic aesthority of Ilois act sail no right to

[ ALTERNATE I(Short Form)]

22 possess or use sowces of radiation granleil by any license shaN tie assigned or 23 isi asey manner desposed of us.less the agesecy sinaN, after securing full inforsua-I Setison 7. [Lirensweg and Registrerdon ofSoserres of Radiation.)

2 24 sion, find that the transfer is in accordasice wish alue prowessons of this act.

(a) The agency shall provide by rule or regulation for igeneral or specirecl license, g of l byproduct, source and special nuclear naascrialsi (rad. active 3

25 med shan give its consess in writing.

4 muesiall ltadsoactive nesserial not under the authority of the U.S. Nuclear 26 (4) The terms and conditions of all beenses shaN be subject to aniend-27 mese, revenon, or snodeficasion by rides, regulacions or orders issued in ac-i s

32 33 6

I s

Suggeseed Sease Legolasioet Itaikasion Cou..

24 cordance wieli flic provisions af eleis act.

32 (b) The agency is authoeired so require regiseration or licensing of other Regulatory Comnoission deterweines prior Io such sermination that starder of 29

3) sicle to such land and such imaseriall lniell easiengsl is not necessary or 30 sources of radiasion.

34 38 (c) The agency is authorised ao esempt ceriain sources of radiation or kinds desirable so protect the public heakh, safety or welfare or to mesmeiere danger 35 to Efe or properey.

32 of uses or eners froen the hcensing or registration requirements set forth in 36 this section when the agency makes a Imding that she enernpeion of such (ii) If transfer so she seate of title to such l'.,,,

' 1 materiall leiE 33 37 sources of radiasion or kinds of uses or users will not conssisuse a significant taihngl and land is required, following the U.S. Nuclear Regulasory Conneus-34 38 sion's determination shas she brenser has (-

1-4 web appiscable standards 35 risk so the heahh and safety of the public.

39 (d) (teles and regulacions promulgated under this act may provide for and requircenesus under his liceme, assinne sale to such lmasenall l null sail.

36 recognition of other seate or federal heenses as she agency shall deem ingsl and land and unainsain such leascriall l mig sailmast ami land in such 40 37 41 desirable, subject to such regiserasion requirements as the ageracy may manner as win poecct she pubine health and safety and the environnieset.

34 42 (sii) The agency is aesthonred to undertake such monseoring, 39 prescribe.

43 maintenance and essergesicy sneasures as are necessary so protect the yeshhe Section 8. ISoespre Materisi,%o.J. smi Ardstr.tf8 prortuct Meterief/

heahh and safety for shone nesserials and property for which is has==d 44 I

f 45 cussody pursuans so this act.

2 Iwa redings/.I 46 (iv) The eransfer of siste so land or lbypralect masermbi Imarce 3

(a) Custody of desposal sises:

(1) Any rahwtive messerials Iscense issised or renewed after she cIIcctive material min sadungsl 80 she United Sasses or the sease shas not relieve any 47 4

dase of this section for any activity which resuks in the production of licensee of habshey for any fraudedent or neghgent acts donc pior to such 43 5

49 transfer.

6 l byproduct misteriall l source misserial mill tailings l shaR contain such terms 50 (v) [hlaseriall l Mig taihngsl and land transferred to slic Unieed Seates 7

and conditions as slee agency detersnenes to be soccessary to assiste that, prior 31 e6 the sease in accordance with sliis subsection shaA be stansferred without 8

to termenation of such heense:

32 (i) The hcensee wiR consply wish decontamenasion, decomnussioning, cost to she Unieed Seases or the sease other shaja adneenntrasive and legal cons 9

le and reclamasion seassdards prescribed by she agency, which shall be '

53 incurred by the Unieed Seases or the seate in carrying out such stansler.

54 egenvaleses, to Ilie essene practicable, or senare seringent than those of a he U.S.

(bl in licensang and regulaeion of (byproduct aneseriall ; source snaecrial eniN ll Nuclear Regniascry Consnesson for sites at which ores were processed lasingst or of any activiay which resehs in line prodesceion tsf (byproduct 35 12 56 materiall [sisch sadessl, the agency sliat requere c

• 2 with apphcable 13 prinnanly for slicir source misserial conecas, and as winich such lbyprodisci 57 standards

'jed by the agency winch are eqinvalent, so the essent 14 material isl lasis sadings arel depatised.

58 (ii) Ownevilup of any desposal site and such l byproduct maecriall imiu practicable, or more seringent than, standards adopted and enforced by slee 15 59 U.S. Nuclear Regulatory Conup.- for the same purpose, inclushes re-16 tedmast which resehed frone the licensed activisy shall, subject to the provi-l 37 40 quwenients and ssandards _.- "A4 by the U.S. Envirosiniental Prosec-sions of this act, be transferred to elic Unised Seases or the sease if the sease ca-61 tion Agency.

18 ercnes the opeian so acquere land ased for the desposal of such lbyprodisct i 19 anseeriall (neiE tadsagst.

g section 9. [ tow-Arret Kasoscrise ll'aste Dupossg 29 Any beense whicle is in effect on the effective dase of this section and which 2

is subsequently ternmenated whhout renewal shall comply wish siebsections (i)

(a) The agency is sueliorized to enter into egoeiasions for a *wnpact with l 21 3 other seases for else eseabiniussens and oper.uion of a reasonal faciley for (

22 and (ii) upon terneinasion.

4 dnposal of low. level radioactive wave. Any such canapact, before bging put l 23 (2) The agency shaN:

5 into effect, shaR be rasified by she legesistores of the several se ases and con-l l 24 (i) Require by rule, regulation, or order shas prior to the ternunation 6 sensed to by the Congress of the Unised Sesses.

25 of any license winich is issued after she effective date of this section, title to 26 she land, inciendais any intereses therein (ceher ehan land behl in eruse by Ihe 27 United States for any ladsen tribe or owned by an Indian tribe subject to a tem =.4 newesire er e er e sei=resi sessim.,y==a e iremi-ise eenc=i-1 28 ressrictiose assenst ahenation imposed by Ihe United Seates or land already

,a,,enic nic see=cy anas=sud im e=am nii ees. stes. eas end eds sa evie=isy==d see'**==s8==a'se-mem.< smihnes les

• d=cous.< simer*,e esime asieved am te

• n==e ase== r ** dnas=="* 'a 29 owned by the Unieed Seases or by Ihe semee) which is used umler sisch hcense j

San== 8 ** * 'a'*=" venwel asomy. ihe ene===s seescr drig=aned = : ins== eds edant 30 for the doposal of Ibyproduct enaseriall (soistre maecrial mdl eailings) shall he " ' " ' " ' ' " " ' ' " * " " " " ' ' * " ' " " " " ' " " " ' * * * " " " ' " ' '

31 Iransferred to elic Unseed Seates, or the sease unless the U.S. Nuclear f"'"""

~

i 34 35 e

_-.m.-

l aessgesecu dease Legnassenet Stailsatiose Comstol

(

7 (b) The state is aestlooriteil is accept or acquire, by gift, grapsfer or peer-l 39 (c) Hoewithstamling the provisinees of minedian (a). Iecs for registrasimi 3 chaw, from another gostreineens agascy or peivate person, suitable sites in.

8 20 of radiation generasms apipmens and other sources of radiasione and for l

9 chsdnig land and appesttenances for slee desposal of low-level raaleoactive 13 wasic. Sises received by gift or stansfer are senbject to appoval and accep-Ikenses for radinative mmeriah shaN not be respired Iot ass agnacy pf the 21 22 use or any pobeical subdevision thescot.

Il tasece by she l agency on behalf of tisc) sense.

23 (dl lhe agency may, espon appiscasion by an inenesseel penon, or on hs 12 tc) Lands and appensemances which are used for she disposal of low-level 24 own initiative, grant such cecmptions isone she scapeitasernes of this sniion as 13 eashoactive wasic de.dl he acapired ies Ice sample absolute and used cacInsively 25 is docemines are ist ihe public inecress. Apphcasions for enemsnion uncler llois for sesch penpow, seeilns or meetil the regniatory agency having licensing 14 7

26 paragraph snay inchede activitics such as, but not inesised so, $c use of hcens-13 jeeriulictices over the sese deterneines chas sesch esclusive use is not required to' 27 ed maecriah for educational or seoncemeneercial desplays or scienseifec'coNcc-f 16 prosect the pubine locahh, safety, wcifare, or envuomnent. liefore sisch site is 17 Icasal for other nie, else regislatory agesecy shall require ami assure that the g yg g;ong, 29 (c) When a regisstant or licemce fails so pay the applicable ice, me agency it raneoactive wave leipory of the she be recerded in the permanens land 30 niay suspend or revoke ihe regiurasion or linnse or naay issue an appropriate l

19 records of the sisc. AN raAcactive enaecrial accepted by the agency or by a"Y 20 31 order.

agent of she agency for dnposal on a radioactive waste shsposal she shaN 21 bcnnene she property of the sease.

22 (d) The agency is ansthorered so arrange for the availabiliey of a service for i

Sec8io# II IS*"F 8f"'""##-I I

23 disposal of low-level rodeonctive wave by contrace lor agency) operation of a 2

(a) For licensed activities involves sovra ensaial mNing. souru musaial 24 einposal siec anpired useder seslnectiose (b) or aircady owned by slie sease. A 3 :niel sasing and deposal of low-level redmancene wade $e agency shaN. W j

j 25 cosieract opersoor sliaN be subject so the surety and long-scrui care funding 4 Iw shu clanes W W acW k W M. MM b *

• 26 pawisicm of this act ased so appropriaee licensing by the U.S. Nuclear l 5 regulation standards and preadores so emum mat me h d pd 27 Mcgulasory Cosnmissioes or by the agency under an agreemein esader this act.*

6 an micilease surety or other fmancial anangeman so pont she @n 25 te) The agency diaN seat approve any applicasime for a license to receive 7 of aN regeserensenes estabialied by she agency fo( me eluontamnasion.

29 radeonctive wave frone ceher penons for deposal oss lasal not owned by ahe I 8 closure. h

.and ralannasion of ska. Wnsctums W W 30 sease or federal goversessment.

9 used in coniesection oish such linnscd activhy, in caec et licema M 10 defaedi for any reason in performag mech myuuments.

I sasirin 10. lnada, ion user rus.1 I

c,

,,; 3

,,,u,

,u i.,,.,, mm.,,..,,,

io,.e

,w 2

ta) The agency diall prescribe and coNcct such fees as may lie cuabisdied 3

by regulaeion for radiasion praeccion services provided needer mis a-l. sm

****""'""d'"*'*""*"""'"'**"'""'"'"""'""'""""'"'

4 vices for which fers may lie estalileshed incimle'-

'"d"a '"

'*8 '*" b' *"""*d

da"d * *P"""' *"'"F " * """' P*'""" *' '"'

• 5 (1) R on gOttrating etpsipmetit, as.d osleer sources of enne rme e," sea enement by smenestems tc).

g 7

(2) ismamw amendnecnt and renewal of licenses for radioactiveII (b) All searctics required under subsection (a) which are foefeited shall be I

""I*I5*

12 paid so the agency for deposes by the lsease treasesterl in a special fesed called l

9 (3) Inspections of regisstasets or licensces.

l 13 the leadiation siec closure and reclamation fiendl. AN noosenes in this fessed are M

(4) f avironmental sestvceNasecc aceivisies so nsiess che radiohegicat inipact 14 hereby appropriated and enay be empended by the agency as accessary to l

U12 l M adivieses conducted by licensecs.

15 complete such requirements on wisich licensees leave defauhed. Ih4onees in ahis' j

lb) In deteranning raecs of noch fees. Ihe agency diall, as an objnlive, ob.

16 fused shaR not be used for enorsonal operating emp ases of the agency.

13 tein safhcient Innds eherefrom so reimbense the state for aN or a substantial 14 portion of Ihe dan 1 and indirece cous M ihe radiaeion poemW nn I

c_

m n se seier = mis = e =en d siimismiew fand br missim soie k.eisinien 15 specifeni m mbsnlion (a). The agency sliali eake ineo accoims any special av.

""'ac'*8td """'" '8 86' 8"ad '" * '"*" **"""" '" "' Pehry,md isasnon.

i I

IL

• c Ilic c se fl 17 (c) for licenscal activitics isivolving the disposal of soestee niatesial niill tail.

Il recovernl.

' ser e ig I gI,, ggF IN ings and disposal of low-level radioactive wasac tiec agency sleall, and for 19 osher classes of licensed activity when raihoactive naascei.d which will requise 36

{

37 l

a beggeseed Staic Legislation l

RadiaMM l

20 sweeillance or care is Ekely la remain at tioe site after slee licensed activities i

21 cease the agency may. estabbsh by rule or regulation standasds and pro-Section 12. Ifnsperrion.1 The agency or hs duly auewised windM (

1 22 cedwes so ensuee that the licensee, before termination of the 1.ceme. will 2 shall have the power to emer as all teammaNe amnes upon any p ase m ;

23 make avadable such funding arrange:nents as may be accessary to provide for 3 public property for the purpose of determuung whether a can j

long-term site surveillance and care.

24 4 pi,ance with or violation of Ihe pro,,uons of dus act and 4

25 (d) All funds collected from licensees sender subsection (c) stiaE be paid to 5

tions iswed thereunder, encept that essery ineo arcas under she jwisdidson g the federal government shall be effected only wie she concunenu d t 26 the agency for depout by the (sease treaswerl in a special fund called the 6

(

leadiation long-term care fund l. All furnis accrued as inscrest on monies 27 7 federal government or ils duly desagnated representateve.

(

deposited in this fund are hereby appropsiated amt may be capemled by the 2s 29 agency for the continuing tong term sestveillance. maintenance and other case ii Section 13. ]Nnorvis.) The agency is authorised to respure by r*. @

30 of facdities frone which such funds are collected as necessary for protection of l 2 tion or order, the keepens of sesch enords wis respn1 to ach

• 31

.he pubhc heahh, safety and environsment. Notwithstamtmg any other provi-3 Iscenses and regiuratiose cretirscases issesed endu mis ad as ma# nacs sions of this subsectiose. if title to and custody of any radioactive material and

~32 4

g, cIIcctuate the pwposes of sis ad. Thne mais M k M ks deposal site are transferred to she United Seases upon sermination of any 33 5 for inspecion by, or copses Illereof shaE be sub,niemi 80. se agency a re-liceme for which funds have been collected for such long-term care, the col-34 6 spes.

lected funds and inserest accused thereon shall be transfened to the Useised 35 36 Seales.

i Section 14. IFederuf-3888f A8"'""'8-I 2

(a) The governor, on behalf g mis mase. b mMW W * *.

u_ -

,_t

.r

-..e 3

geemenes with the U.S. Nuclear Regislasory Cosew==a'= u

.e

, _., -,.t - t., - r a

e.

i

,,,,,,e

,em,,ne,,, Am, I,,

. amen,0 ro f-as-4

---

urs.

gd =ag,,,,,,,,,,,,,co,,,,,,,,,,on.s I,ce,,ses aml,e a reguister,.

5 37 (c) The sureeles or other financial arrangements and fands required by

,,,,,,,,,,u,,e an.,,,,al nucl,, mm s and s 38 subsectioses (a) and (c) shat be enabbshed in amounts sufficient to enswe

me amuseption of reguissory autherky therefose by this sesse.

39 comphance with those standards. if any, enabbshed by the U.S. Nuclear 8

(b) Any person who. on the WMMM Regulatory F

-. pertaseens so closure. A -

i reclanistion 40 9 lion (a) above, possesses a Ecense named by else U.S. Nuclear cry di and long-tenn sine survedlance and care of such facilities and sites.

10 Conunession for redsosctice esteials subktt to me agrumens I

42 (f) la order to provide for the proper care and survestance of sites subject !

Il deemed to possess a like license assued undu tinis act, wench

",gInte ' hw 43 to sesbsection (c) and whicle are not subject to Section 3 or 9. the lstasel 90 days eher recespt froen the agency of a notice of empirmion 12 or on the date of empwation specified in 6e W @M" {

44 lagency on behalf of the statel niay acepsire by sin or transfer froen another 13 45 governenent agency or pneme person. any land and appedenances necessary 14 bcense whichever is esser.

46 to fulfill tiec purposes of this section. Any such gilt or transferis subject to l 3

Section 15. Ifaspecrima Agewesents snef Tremung WI 47 approval amr accetwance by the istmel lasencyl-1 as (g) The agency may by comract, agreement. lease or license with any per-2 (a) The agency is authorued to enter imo 1. subju1 to $c arg dme 49 aon 'ecluding anomer ame agency pmvide for the decontannnasion.

s 3

,,,ernor,j en agreement or agreemenes wim the U.S. N.sclear Regulatory 30 closure. A --

_ reclamation, survedlance or other care of a site 4 c,ums.on undaSation 274iM*e Aeomic Enngy Act d A 51 subject to this section as needed to carry out the purposes of this sedion. 5 ed, other federal government agencies as authossied by law. eener mmes gr,

52

) 55 (h) In the event a person hcensed by any governamental agency other man 6 interWase agencies. whereby this case wiE param en a 68 istaael lagency) desnes to transfer a site to the sense for the purpose of ad-7 wish the comunission. ether lednal gmmnem e *

"n 54 nunessering or prendog long-term care, a lump sens depose shaR be made iog

,,,3,,e agencers. insputions or omer funMHM M N qpg

• ces 9 d adiasion.

j 55 the isadiation long-lerne care fund). The amouse of such deposit shall be

~

36 i

determened by the agency Iaking into account the factors staled in subsec-10 (b) The agency may insmute IM prognum MWW d T

tions (c) and (c) of this section.

j g3 gag pegsonnel to carry out ahe provenons of this ad. and may ma e smid

$7 12 sonnel available for panicipation in any prog.am a pmgrann

,g (

Sg (i) ( As seate, local. or osher government agencies, shaR be esempt from the 59 3

requirements of subsections (a) and (c)).

13 government, other seases m inmstase agench a f** #DW 14 of this act.

3e 39

---~..-.n.-~~------------------------------

Suggested State legislation f

Radention Come i

Section 16. [ Con /Rirt6er fews.1 Ordinances, resolutions or regulations, g I

36 (c) The agency skat proinbit any neaior construction wirk respect to ant f

now m hercaher in effcct, of the governing body of a amnicipahey or county,,

2 37 activisy for which an environmental inspact analyses is required by subsection i

3 or of sease agencies other than the agencyliesl nansed in Section 5 relating to 38 (di pior to complesion of such analyses.

4 byproduct, source and special nuclear maecrials shall not be sosperseded by 39 (f) Whenever slee agency rends eleas an esecreency emises eeutuising ine.

$ this act; provided, that such or " 1 :es or regulations are and continue to be ;

40 mediase actiose so poewt the public health and safety, the agency mesy, i

6 consasical with she provenions of this act, anecadments ahereto and rules and 4I without notice or locating, issue a regulation or order retning slee caneente of i

7 reguissions thereunder, 42 such emcegency and regesiring that such action be saken as is necessary to i

43 necet the emergency. Notwirkssandens any prownson of this act, sesch regula-44 tion or order shat be effective esant:ssecay. Any person to whom such v

1 Section 17. [Adminescretive P>orudure end Jurfiriisi Aceiew.I 45 regulation or order is directed shall comply therewish '

"di, but on ap-l 2

(a) la any e.m "

for the issuance or needirecasion of rules or regula-46 phcation so the agency shall be afforded a heanas wishin l I days. On the l

3 sions relasing to comerot of sources of radiation, she agency shall provide an 47 basis of sesch hearing, she cmergency regulation or order steaB be continued, i

4 opportususy for pubhc participation through written comments or a pubhc l 48 needereed or revoked wishin l30l days afeet such beanas.

5 hearing.

49 (3) Any final agency action er order enected in any p... ** ; under i

6 (b) la any ~. " _ for ele denial of an application for license or for 50 subsections (a), (b), (c) and (f) above shaE be subsect se judecial revece by she 7 revocasion, suspe==== or snodifiction or a bcense, the atracy shall provide.

Si japprepnase costs l in the manner pescnbed in lcise apprepnape seage act set-8 to the apphcant er heensee an opporiunity for a hearing on the record.

52 sing out pacedure for appeal.1 9

(c) la any,-

" ; for bcenseg ores processed prinearily for aheir source 30 enaserial content and deposal of Ibyproduct enaecriall isource maserial null i

Section 18. linjuarvion L... %l Whenever, in the judgment of the il ladungs) or for licensing desposal of low-level radesactive waste, she agency '

2 agency, any person has engaged in or is about to engage in any acts or prac.

12 sheB provide:

3 tices which coassisuse or will conseisuse a violation of any prownson of this 13 (I) As opportunisy, after pubhc notice, For written comments and a 4 act, or any rule, regulation or order isseerd thereiender, land at the request of 14 pubhc locanas, wish a transenps.

3 the agency 1 the lassorney generall snay neake appbcasion to the lappropnose l

15 (2) An opportunity for cross esasnimation.

6 coural for an order enjoeneng such acts or practices, or for an order directing

[

16 (3) A weiseen deterseenation of the action to be Iaken wisich is based 7 c f _ x, and upon a showag by she agency that such person has engaged 17 spon rendess included in else desensensaion and impon evidence presented 8 or is aboost to engage in any such acts or practices, a pernessent or semporary i

18 skinns the public casament period.

9 injunction, restraeneng order, or celser enter sney be graneed.

{

19 (d) In any,_. " ; for heensing cres processed primarily for their source l

20 anseerial consent and desposal of l",, 11 naascriall,lsource heaterial mell i I

Section 19. lProhs6sseuf Uses.) k shat be unlawful for any person to use, 21 tashassl or for licemens desposal of low-level radioactive wasse, the agency 1 2 -fewg W diseribuse, seu, stasesport, treesfer, isessau, repeer, 22 shau prepare, for each licensed activity which has a significant unpact on the l 3 receive, acquire, own or possess any sossee of radiation emeess hcensed by or 23 bessnan environneemt, a w itsen analyses of the impact of such licemed activiey ;

4 g,

,,g,,,,,,,,,,,;,,,,,,,

g,,y, 24 on the environneens. TIw analyses shau be avselable to the public before she I 25 cosanoesscensent of Iseanags hekt peersmant to subsection (c) and shaN inchede.

5 premdgased m. accordance e the W 6 acs.

26 (1) An assessneens os the radeological and nonradiologicalimpacts to the 2F public heahk.

I Scesion 20.11., _ -

.] Tlee agency shaR have slee authoriey e,n slee event

"~

2%

(2) An assessaient of any impact on any waterway and groundwater.

2 of an einergency so impound or enter the impoundes of sources of raduision 29 (3) Consideration of shernasives, ancheding akernative siges and 3 in the possession of any person who is not { _

" to olnerve or fails to g

30 engineering necthods, to slee acvitisies to be conducacd.

4 observe the povessons of this act or any rules or regulasions usued j

g 38 (4) Consideration of eine loseg.terni impacts, including deconunissiones. !

5 shercuseder.

decontamination and reclamation of Imeilseies and sises associated weele the 32 33 licensed activities and enanagensent of any radioactive maecrials which win re '

l 1

Section 21. lPessashies.]

l 24 main on the site afscr such decomsnesssoning, decontananasion and seclama-2 (a) Criminal penahics. Any person who [wiNfouyl violaecs any of the provi.

j 35 eion.

3 sions of this act or rules, regulaeions or orders of the agency in effect peer.

[

i 40 4g j

SuggestedState Lesislation ttadizion Contro j

4 smant thereta shall upon conviction thereof, be punished by lline, isnprison-I Section 23. [ Severs %iity.] [ Insert severability clause.]

5 enent, or both).

6 (b) Civil penalties:

1 Section 24. {Repad.) linsert repealer clause.]

1 7

(1) Any person who violates any licensing or registration provision of 8 this act or any rule, regulation, or order issued s heresinder, or any term, con-9 dision or innitation of any license or registration certificate issued thereunder, Section 25. [ Effective Dare.] [ Insert effective date.]

1 10 or commits any violation for which a license or registration certificate may be il revoked under rules or regulations issued under this act may be subject to a 12 civil penalty, to be isoposed by the agency, not so exceed { insert appropriate 13 dollar asnoun 1. If any violation is a continuing one, each day of such viola-14 tion sha8 constituse a separate violation for ihe purpose ofcomputing ihe ap.

15 phcabic civil penaky. The agency shall have the power to compromise, 16 smitigate, or remit such penahics.

17 (2) Whenever the agency proposes to subject a person to the imposition il of a civil penaky under the provassons of this subsection (b), is shall notify 19 such person in writing:

20 (i) Setting forth the date, facts, and nature of each act or omission 21 with which the person is charged.

22 (ii) Specifica5y identifying the particular provision or provisions of ahe l

23 section, rule, regulation, order, license or registration certificate involved in 24 the violation.

25 (iii) Advising of each penalty which the agency proposes to impose 26 and its amount.

27 Such written notice shat be sent by registered or certified mail by the agency to the last known address of such person. The person so notified shall 28 29 be granted an opportunity to show in writing, within such reasonable period 30 as the agency shall by rule or reguistion prescribe, why such penaky should 31 not be imposed. The notice shaN aho advise such person that upon failure to 32 pay the civil penaky subsequently determined by the agency, if any, the 33 pensky nier be co5ected by civil action. Any person upon whom a civil 34 penaky is inoposed misy appeal such action under [ state admenestrative pro-35 cedure act).

36 (3) On the sequest of the agency, the [name appropnate seate agency, e.g., at-37 torney generall is aushorved to institute a civil action Io coacct a penaky imposed 38 pursuant to this subsection (b). The Iname appropnate seaie agency, e.g., atIorney' 39 generall shat have the enclusne poner to compromne, snitigase, or remit such civil l40 penskies as are referred to him for collection.

41 (4) All anonics collected from civil penahics shaR be paid to the [ state 42 treasurer) for depows in Ihe general fund. Monies collected Isom civil penahics 43 shall not be used for normal operating espenses of the lagencyl except as ap-44 propeiations are made from the acueral fund in the normal budgetary process.

I 1

Section 22. {Authonzstkut ofApproprasrions.][ Insert appropriation section.1 I

42 43

i..

1 s

l i

i 1

L I

NUREG-0980 Vol.1, No. 2 l

Xuclear Regulatory Legislation i

i 102d Cohgress h

j i

U.S. Nuclear Regulatory Commission Office of the General Counsel t..! 'l t

V i

I (f..... )

5 i

l l

e s

_.e r

a.

i "Sec. 271. Agency Jurisdiction.-Nothing in this Act shall bc

)

yncy lade to the Commission.se

.edsnon.

construed to affect thcPauthority or regulations of any Federal, State, or

~

.or the use of materialsunde c OSC sec. 2018 Imcal agency with respect to the generation, sale, or transmission of ponstration Program, unto electric power produced through the use of nuclear facilities licensed by j nacted by the Congress.te the Commission: Provided, That this section shall not be deemed to con-

the Commission may appr,.

fer upon any Federal, State, or local agency any authority to regulate,

!be accounted for uponit control, or restrict any activities of the Commission.207 i

i ypcabihty "Sec.272. Applicability Of Federal Power Act.-Every li:ensee under

! of subsection a., funds an nederal this Act who holds a license from the Commission for a utilization of id for the restoration or n Ntr Act.

production facility for the generation of commercial electric energy lroyed or otherwise serios c USC sec. 2019. under section 103 and who transmits such electric energy in interstate lor. zed to usc available funs commerce or sells it as wholesale in interstate commerce shall be subject to the regulatory provisions of the Federal Power Act.

riated for any constructar lxensing of "Sec.273. Licensing Of Government Agencies.-Nothing in this Act

[the development orprods shall preclude any Government agency now or hereafter authorized by cimrnrnent imic weapons maybe usch gnaes.

law to engage in the production, marketing, or distribution of electric otherwise authorizedif th: c USC sec. 2020. energy from obtaining a license under section 103,if qualified under the l hin the limit of cost of tb provisions of section 103, for the construction and operation of produc-lt ption is to be made, and tb tion of utilization facilities for the primary purpose of producing electric energy for disposition for ultimate public consumption.

usential to the common de cxperanon "Sec.274. Cooperation With States.ros_

uired by changes in we.. te.: USC sec. 2021.

"(1) to recognize the interests of the States in the peaceful s.:h States.

"a. It is the purpose of this section-operations; and uses of atomic energy, and to clarify the respective responsibili-p enter into a contract e ties under this Act of the States and the Commission with lit to furnish irom a private.-

respect to the regulation of byproduct, source, and special jar services tobe providedt, nuclear materials;

"(2) to recognize the need, and establish programs for coop-I eration between the States and the Commission with respect to l"'*^"*""""'^"""'""

control of radiation hazards associated with use of such materi-f**",""'""""""*""'"*

"(3) to promote an orderly regulatory pattern between the C '0l"',*1'L'"aT "'"J'a' Commission and State govemments with respect to nuclear hggg8lg==

development and use and regulation of byproduct, source, and m

wr.o-r.iw emiopme oo--.m special nuclear materials;

[ref".El'7aolm*s'.OZ

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

=,yd,g,,=,=giw certain of the Commission's regulatory responsibilities with re-

{;e pro.= ey as com.g spect to byproduct, source, and special nuclear materials, and

, sw i,,,4"J,77d**f";,",'g, the assumption thereof by the, States;

}'*"*d'**'""**""'""

"(5) to provide for coordination of the development of radia-j tion standards for the guidance of Federal agencies and coop-j';"Oa;,8='sg,";,ha, cration with the States; and d o wn==a = =.e.n= ram i se

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

.,o,,,,,

to regulate effectively such materiah, additional legislation No"ie"id.20.'"o/Ti/"l7, may be desirable.

Weernents

• b. Except as provided in subsection c., the Commission is weapon k,gstu ope,sem s' Wa5& sSs a$a$

" tu esetsa ese *Asonur E.arrgy Legusa so7Pubhc is= 99135 09 Stat 551)(t%5), amended ose 271. Pnor to amendersi the secten read as lobows i

"Sec 271. AGENCYJURI5 DICTION-Notama aem Actaball beconstrued toaffect theautborny or regulatens h Ceaunnsme are sat fona as appesos of am Federal, State, or local agency man respect to the genersten, saae, or transmasme of eisetru power

• i 1 rth a Pan !!, h@u.

acefubhc La= 86 373 03 Staf 688)(1959A sec 1, adoed eac 274 1

145 1

.k.

6, with States.

au'.horized to enter into agreements with the Governor of any State providing for discontinuance of the regulatory authority of the Commission under chapters 6, 7, and 8, and section 161 of this Act, with respect to any one or more of the following materials within the State-

"(1) byproduct materials as 6 fined in section lle. (1);208

"(2) byproduct materials as deh..ed 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 radiation hazards.

Publication in ER.

"c. No agreement entered into pursuant to subsection b. shall provide for discontinuance of any authority and the Commisdon shall retain authority and responsibility with respect to regulation of-

"(1) the construction and oper: tion of any production or utilization facility or any uranium enrichment facility;aies

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

"(4) the disposal of such other 'iyproduct, source, or specialExemptions.

nuclear material as the Commission determines by regulation or order should, because of the hazards or potential hazards I

thereof, not be so disposed of without a license from the Com.

i mission. The Commission shall also retain authority under any i

such agreement to make a determination that all applicable standards and requirements have been met prior to 1:rmina-t 42 USC 2014.

tion of a license for byproduct material, as defined in section 1

lle. (2).2" i

Notwithstanding any agreement between the Commission and any c

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

Council.

(

sor, or producer of any equipment, device, commodity, or other product containing source, byproduct, or special nuclear material f

shall not transfer possession or control of such d

pursuant to a license issued by the Commission. product except F

"d. The Corr. mission shall enterinto an a p

tion b. of this section with any State if greementundersubsec-A R

11 aceNbhc 14= 95404 (92 Sua 30M)(197th asc 2Ask assaded ses. 27(b)(1) by andaag 'as defamed a escime T

lie (!)* after the mords "t,yprodws mammb".

0; 8hbhc14=95404(92 Stat 3037)(1975),ses 204(a), renumberedparagraphs(2) d.

(4), and added a are paragraph (2k and(3)asperegraphs(3)and tien h bhcLa=102-486 (106 staa 29441 Oct. 24,1992-C au hbus 1.a= 95404 (92 Stai 3038)(1978k asc 20AO, added a asw asenease after parastaph (4) asam dance erst sa.

146

~

}

Q l

l I

'e Governor of any

"(1)he Governor of that State certifies that the State has a latory authority of program for the control of radiation hazards adequate to pro-tect the public health and safety with respect to the materials section 161of this within the State covered by the proposed agreement, and that llowing materials the State desires to assume regulatory responsibility for such I

matcrials; and gction 11e. (1);2co

• (2) the Commission finds that the State program is in accor-ection lle. (2);2'o dance with the requirements of subsection o. and in all other Eies not sufficient to respects 212 compatible with the Commission's program for regulation of such materials, and that the State program is i

brecognized that the adequate to protect the public health and safety with respect to the materials covered by the proposed agreement.

erials covered by the "c. (1) Before any agreement under subsection b. is signed by the rlth and safety from Publication in E R.

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

pf any production or

"(2) Each proposed agreement shall include the proposed ment facility;2'os

!.he United States of effective date of such proposed agreement or exemptions. The agreement and exemptions shall be published in the Federal iterial, or of any pro-Register within thirty days after signature by the Commission and the Governor.

Ibyproduct, source,or "f. The Ccmmission is authorized and directed, by regulation or aed ia regulations or Licensing requirements.

order, to grant such exemptions from the licensing requirements act, source, or special Exemptions.

contained in chapters 6,7 and 8, and from its regulations applica-ble to licensees as the Commission finds necessary or appropriate l ermines by regulation to carry out any agreement entered into pursuant to subsection b.

or potential hazards iicense from the Com-of this section.

"g.The Commission is authorized and directed to cooperate with lin authority under any the States in the formulation of standards for protection against ion that all applicable hazards of radiation to assure that State and Commission programs l met prior to termina-for protection against hazards of radiation will be coordinated and

!. as defined in section compatible.

l Commissionandany Federal "h. There is hereby established a Federal Radiation Council,

e

ission is authorized by Radiation consisting of the Secretary of Health, Education, and Welfare, the Council.

Chairman of the Atomic Energy Commission,the Secretary of De-

manufacturer,proces.

fense, the Secretary of Commerce, the Secretary of Labor, or their

, commcdity, or other designees, and such other members as shall be appointed by the Mcial nuclear material President. The Council shall consult qualified scientists and ex-lf such product except perts in radiation matters, including the President of the National

!ssion.

Academy of Sciences, tige Chairman of the National Committee on lreement undersubsec-Radiation Protection and Measurement, and qualified experts in the field of biology and medicine and in the field of health physics.

he Special Assistant to the President for Science andTechnology, or his designee,is authorized to attend meetings, participate in the

mw.aan.a.r

. o=

dehberations of, and to advise the Council. The Chairman of the

{ mm am.emer pwo*

Council shall be designated by the President, from time to time, le I.

4

..n ii. qo.co..m som o..

a..n oin.,,,,p.ci. i.e im.

o.

%. s 4 m-m mornw

...a ip.iita..

= e-e.,.,.pn (4>

147 1

j i

Tn 1

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 and execution of programs of cooperation with States. The Coun-cil shall also perform such other functions as the President may as-Notice of w

N sign to it by Exceutive order.

fung.

Inspections.

"i. The Commission in carrying ot't its licensing and regulatory 6

responsibilities under this Act is authorized to enter into agree.

m ents with any State, or group of States, to perform inspections or

[;.

other functions on a cooperative basis as the Commission deems appropriate. The Commission is also authorized to provide train-mg, wah or without charge, to employees of, and such other assis.

tance to, any such State or political subdivision thereof or group oi States as the Commission deems appropriate. Any such provision or assistance by the Commission shall 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)2'3 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 2id its agreement with the State and reassert the licensing and regulatory authority vested in it under this Act, if the Commission finds that (1)255 such termination orsuspension 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.

tiens taken by the States under the agreements to insure compli.

ance with the provisions of this section.rie

"(2) The Commission, upon its own rnotion or upon request of the Governor of any State, may, after notifying the Gover-nor, temporarily suspend all or part of its agreement with the Stat c without notice or hearing if, in the judgmr ;.he Com-mission:

"(A) an emergency situation exists with respect to any material covered by such an agreement creating danger which requires immediate action to protect the health or safety of persons either within 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-feet only for such time as the emergency situation exists and shr.Il Ante, p. 3033.

84 Pubhc 14= 96295 (94 Stat,187)0980A sec 205, tenened *(17 after "f.

[DJf. P. 3039.

as*PutQs tse 9$404(92 Star M37)0978k sec 204(djo),araendedsec. 274 byadrang the words "allor part of" after

• suspend".

8Pubhc Ls= 9$404 (92 Stat 3037)(1978k sec. 204(dX2), amended sec. 274 by enertang *0)* after *iads thar*.

J sie rubhcLe=95404(925 tat M37)O978Ases 204(dK3),==ad dsec 274 byaddagattheradbefonthepened J

1. .s e':iu.en.Pt.70mst;'.::'t=U"h."a.=::"l3"en":'::al':L".m'a"rl:::

r 8"

sie 148

l e

.The Councilshalladvise authorize the Commission to exercise its authority only to the matters, directly or indi.

extent necessary to contain or eliminate the danger.'2n ce for all Federal agencies "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 with States. The Coun.

other than protection against radiation hazards.

ns as the President mayas.

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

authorizing an activity as to which the Commission's authority is s licensing and regulator) continued pursuant to subsection c., the Commission shall give razed to enter into agree.

prompt notice to the State or States in which the activity will be to performinspections or conducted of the filing of the license application; and shall afford the Commission deems reasonabic opportunity for State representatives to offer evidence, e

Ethorized to provide train.

interrogate witnesses, and advise the Commission as to the applica-as 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.

. ate. Any such provision "m. No agreement entered into under subsection b., and no ex-

, ke into eccount the addi-emption granted pursuant to subsection f., shall affect the author-B State asa consequenceof ity of the Commission under subsection 161 b. or i. it issue rules, with the Commission pur-regulations, or orders to protect the common defense and security, to protect restricted data or to guard against the loss or diversion of

, its own initiative after special nuclear material. For purposes of subsection 161 i., activi.

' hearing to the State with ties covered by exemptions granted pursuant to subsection f. shall

h. has become effective, or be deemed to constitute activities authorized pursuant to this Act;

} ate, may terminate or sus.

and special nuclear material acquired by any person pursuant to

the State and reassert the such an exemption shall be deemed to have been acquired pursu-Win it under this Act,if the ant to section 53.

nation orsuspension iste.

Definition.

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

• means any State, safety, or (2) the State has Territory, or possession of the United States, the Canal Zone, suirementsof thissection.

• Agreement."

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

the term ' agreement' includes any amendment to any agree-sements to insur: compli-ment.a te 28 "o. In the licensing and regulation of byproduct material, as s motion or upon request defined in section 11 c. (2) of this Act, or of any activity which l

Mter 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 i

thejudgment of the Com-require-

"(1) compliance with the requirements of subsection b. of exists with respect to any section 83 (respectin3 ownership of byproduct material and

reement creating danger land), and L

n to protect the health or

• (2) compliance with standards which shall be adopted by the r outside of the State,and State for the protection of the public health, safety, and the he steps necessary to con-environment from hazards associated with such material which 2e danger within a reason-are equivalent, to the extent practicable, or more stringent ase.

than, standards adopted and enforced by the Commission for igraph shall remain in ef-the same purpose, including requirements and standards pro-

/ situation exists and shall Anre. p. 3033.

mulgated by the Commission and the Administrator of the v.

1bst. p. 3039.

Environmental Protection Agency pursuant to sections 83,84, 2 %.dd= im.-* a-,.a.c and 275, and 2% =.m ny sn.

e

"(3) procedures which-

% addag at tbs end befwe tae penad

),,

whbhc La* 96295 (94 Stat 787)(1980), nec 205 added nem subsec -) (2f C

s ss MND.sc 14= 95404 (92 5:st 3037)(1978x sec 204(c). added last sentence to eac 274n f

149 A "

1 se b

l

"(A) in the case of licenses, provide procedures under "In adoptin.

State law which include-with respect

"(i) an opportunity, after public notice, for written.

source mater comments and a public hearing, with a transcript.

l 42 USC 2014. material as d.

"(ii) an opportunity for cross examination, and (including,w

"(iii) a written determination which is based upon mentsadopt(

findings included in such determination and upon the after notice eviden:e presented during the public comment period minesthat su and which is subject to judicial review; tamment of for pu)blic participation through written comments or a"(B in the case of rule health, safet,'

cal hazards a public hearing and provide for judicial review of the rule; tent practic:

"(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 1o the public before the commencement by the Adn of any such proceedings)of the impact of such license,in-42 USC 2022.

accordance' ciuding any activities conducted pursuant ther:to, on the take mto a environment, which analysis shall include-topography,

"(i) an assessment of the radiological and non-42 USC 2022.

• Sec.275.

radiological impacts to the public health of the activi.

Tailings -

ties to be conducted pursuant to such license "a.A

• (ii) an assessment of any impact on any waterway the Ad and groundwater resulting from such activities; inafter

• (iii) consideration of alternatives, including alterna-Rule.

rule,p tive sites and engineering methods, to the activities to dards i be conducted pursuant to such license; and MillT;

"(iv) consideration of the long-term impacts,includ.

the pu

[

ing decommissioning, decontamination, and reclama.

and n!

tion impacts, associaled with activities to be conducted maten pursuant to such license, including the management of Radiat any byproduct material, as defined by section 11 e. (2);

tailing and Secret

"(D) prohibit any major construction activity with re.

ingsR spect to such material prior to complying with the provi.

antto sions of subparagraph (C).

consis If any State under such agreement imposes upon any licensee any as am requirement for the payment of funds to such State for the reclamation shallc orlong-term maintenance and monitoring of such material, and if trans.

rnent, fer to the United States of such materialis required in accordance with dards.

section 83 b, of this Act, such agreement shall be amended by the be ap; Ante, p. 3033.

Commission to provide that such State shall transfer to the United stand.

States upon termination of the license issued to such license.e the totaj "After O amount collected by such State from such licensee for such purpose. If standards:

such payments are required, they must be sufficient to ensure compli-42 USC 7911.

of Energyi ance with Qe standards established by the Commission pursuant Act of 197f 42 USC 2201.

to section 161 x. of this Act. No State shall be required under paragraph with, stand (3) to conduct proceedings conceming any license or regulation which would duplicate proceedings conducted by the Commission.818 82%

• u-sawm u.

enactment of the 8 '%blas Lao 95404 (92 Stal 3037) 0978). ses 204e), added a new subsec. o Ok D' 150

[l I

lde procedures under "In adopting requirements pursuant to paragraph (2)of this subsection 3

with respect to sites at which ores are processed primarily for their n

E, notice, for written source material content or which are used for the disposal of byproduct 5

mth a transenpt, 42 USC 2014.

material as defined in section 11 e. (2), the State may adopt alternatives j

mation, and (including, where appropriate, site-specific altematives) to the require-

, hich is based upon ments adopted and enforced by the Commission for the same purpose if, 1j mation and upon the 3blic comment penod after notice and opportunity for public hearing. the Commission deter-

{

mines that such alternatives will achieve a level of stabilization and con-s Fl.ew; tainment of the sites concerned, and a level of protection for public g

avide an opportunity health, safety, and th e emironment from radiological and nonradiologi-i tten comments or a A review of the rule; cal hazards associated with such sites, which is equivalent to, to the ex-tent practicable, or more stringent than the level which would be

)

, has a significant im-achieved by standards and requirements adopted and enforced by the

}

itten analysis (which

the commencement Commission for the same purpose and any final standards promulgated by the Administrator of the Environmental Protection Agency in i

rt of such license,in-42 USC 2022.

accordance with section 275. Such alternative State requirements may i

uant thereto, on the

lude-take into account local or regional conditions, including geology,

[

topography, hydrology and meteorology."220 piological and non-42 USC 2022.

"Sec. 275. Health And Environmental Standards for Uranium Mill g

health of the activi-Tallings.-

4 o

puch license:

"a. As soon as practicable, but not later than October 1,1982,22i et on any waterway uch activities; the Administratorof the EmironmentalProtection Agency (here-i inafter referred to in this section as the 'Admaistrator') shall, by s,intIUding siterne-Rule.

rule, promulgate standards of general application (including stan-3, to the activite to dards applicable to licenses under section 104(h) of the Uranium

ense; and Mill Tailings Radiation Control Act of 1978) for the protection of rm impacts,includ-the public health, safety, and the environment from radiological 2 tion, and reclama-and nonradiological hazards associated with t'esidual radioactive 1

tes to be conducted materials (as defined in section 101 of the Uranium Mill Tailings 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

[

Secretary of Energy, pursuant to title I of the Uranium Mill Tail-p, activity with re-ings Radiation Contro! Act of l978. Standards promulgated pursu-n (tng with the provi-ant to this subsection shall to the maximum extent practicable, be consistent with the requirements of the Solid Waste Disposal Act, a any h,eensee any as amended. In establishing such standards, the Administrator for the reclamation

iterial,andif trans-shall consider the risk to the publichealth, safety, and the environ-ment, the environmental and economic costs of applying such stan-0

m accordance with dards, and such other factors as the Administrator determines to i

y amended by the be appropriate.222 The Administrator may periodically revise any

<fer to the United standard promulgated pursuant to this subsection.

31.censee the total "After October 1,1982, if the Administrator has not promulgated t

3r such purpose. lf standardsin final form under this subsection,any action of the Secretary

! te ensure compli-42 USC 7911.

of Energy under title I of the Urariium MillTailings Radiation Control

,imission pursuant Act of 1978 whkh 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 r regulation which 820Pubhc 1a,91-413 (96 Stat 2067)O983), ses 19 added the paragraph as'Pubhc ta= 914!$ (96 Stel 2067)(1983), esc is substruted

• October i,1982* for *ene par after11w dait of j

east. nwnt of 11us sectu>n

• 222Pubhc Law 97-415 (96 Stal 2067)(1983), set 22 added ihm language to sec 275a i

151 J '

t s.. t a

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