ML20151C481

Responds to 880212 Request for NRC Views on Concerns Raised by DOJ Re Appalachian States Low Level Radwaste Compact. Commission Responses to Questions Enclosed

ML20151C481
Person / Time
Issue date:	03/14/1988
From:	Zech L NRC COMMISSION (OCM)
To:	Biden J SENATE, JUDICIARY
References
NUDOCS 8804130016
Download: ML20151C481 (45)

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NUCLE AR REGULATORY COMMISSION n

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%,,, *j March 14, 1988 CHAIRMAN l

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The Honorable Joseph R. Biden, Jr., Chairman Committee on the Judiciary United States Senate Washington, D.C.

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Dear Mr. Chairman:

This responds to your request of February 12, 1988, for the f

Nuclear Regulatory Commission's views on concerns raised by the Department of Justice regarding the Appalachian States Low-Level Radioactive Waste Compact.

The Commission's responses to the series of questions you posed are enclosed.

I hope the Commission's comments will assist you in your consideration of H.R. 3025.

Sir.cerely, f

Lv.

Lando W. Ze

. Jr.

Enclosure:

As Stated i

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Senator Strom Thurmond l

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8804130016 890314 PDR CDMM9 NRCC i

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1 OLIESTION 1.

What Is Your Analysis Of The Position Taken By Justice Regarding State Enforcement Of Federal Regulations Under The l

Compact Structure?

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ANSWER.

I Although the language of the Appalachian Compact is somewhat ambiguous, we do not believe it authorizes State enforcement of Federal regulatioris. Article 1(B)(d), the provision the Department of Justice argues is unconstitutional, j

authorizes the Compact Comission to ensure "to the extent authorized by Federal Law, that low-level waste packages brought into the regional facility for disposal conform to applicable State and Federal regulations." The Article goes on to provide that the Compact Conunission may impose fines or penalties to implement this authority.

In our view, there are no Federal laws that presently authorize the states to enforce any provision of the Atomic Energy Act, the authority under which requirements pertaining to the storage and disposal of low-level radioactive waste requirements are imposed.

See, e.g., Silkwood v. Kerr McGee Corp., 464 U.S. 238 (1984); Pacific Gas & Electric Co. v. State Energy Resources Conservation and Development Comission, 461 U.S.190 (1983).

Moreover, Section 3(2) of H.R. 3025 provides that Corgress' consent to the Compact would be subject to the provisiens of the Low-level Radioactive Waste Policy Act.

Section4(b)(4)ofthatActprovides,"Ce]xceptas expressly provided in this Act, nothing contained in this Act or any I

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l QUESTION 1.

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l compact may be construed to limit the applicability of any federal law or to diminish or otherwise impair the jurisdiction of any federal agency...."

No provision of the low-Level Radioactive Waste Policy Act expressly authorizes states to enforce Federal law. Thus, we do not believe the Appalachian Compact can reasonably be read to give the Compact Conmission the authority to enforce federal law, and we would consider any state effort to enforce a provision of the Atomic Energy Act relating to the regulation of low-level radioactive waste to be an impairment of NRC jurisdiction.

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We further note that the four states that would be members of the Appalachian j

Compact indicated in a December 4, 1987 letter to you that they would be enforcing state health and safety regulations, not Federal law.

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QUESTION 2.

Whit is Your Assessment Of How The Concerns Raised By i

Justice Would Affect Compacts?

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ANSWER, P

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Because we do not believe that any of the other Compacts have language similar to that fcund in Article 1 of the Appalachian Compact, Justice's l

concern would not affect those compacts.

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l QUESTION 3 What Is Your Assessment Of The Amended Consent Language As l

Proposed by Justice?

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ANSWER, l

i Because we do not believe that Article 1(B)(d) of the Appalachian Compact authorizes the Appalachian Cor. pact Comission to enforce Federal law, the amended consent language proposed by the Department of Justice does not t

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i OtJESTION 4 What Impact Weuld The Justice Language, If Included For All Low-Leel Waste Compacts As An Amendment To The 1985 Act.

Have On Low I.evel Waste Compacts The Operation Of Low-level Sites And On Public Health And Safety?

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ANSWER.

i The answer depends on how the tenn "enforcing any Federal statute or l

regulations" is defined. We do not believe that other compacts are attemping f

j to enforce Federal law, if that tenn is defined to mean imposing fines or civil penalties for failing to meet Federal reoulatory requirements. However, we note that under the 1985 Act, Compact Commissions are given the authority j

to deny access to a regional disposal facility under certain circumstances and to grant approval for emergency access to a facility.

See, for example, 42 U.S.C. I 2021e(f)(B). Althcugh it is not our view, some might consider I

such provisions as giving the Compact Commissions the authority to enforce i

Federal law.

If this type of administrative action is considered to be the enforcement of Federal law, the proposed Justice Department amendment, in the absence of clarifying language, could negate many important provisions of the Low-level Radioactive Waste Policy Amendments Act.

This could significantly delay full implementation of the 1985 Act.

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OUEST!0N 5.

Please Explain The Operation Of The NRC's Agreement States i

Program. Would The Concerns Raised By Justice. If Valid, i

Affect The Way This Program Is Implemented?

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ANSWER, t

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i A summary of the NRC's Agreement State Program is enclosed.

Since the l

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Agreement State Program is authorized under Section 274 of the Atomic Energy l

Act. 42 U.S.C. I 2021. rather than the Low-Leiel Radioactive Waste Policy Amendments Act of 1985, the concerns raised by Justice would not affect the way this program is implemented. Under the NRC program, an Agreement State enforces its own duly enacted requirements, which must be "compatible" with NRC requirements.

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i OVESTION 6.

To What Extent, If Any, Will The Activities To Bt Carried Out Under The Low-level Radioactive Waste Policy Amendments Act Of 1985 Be Carried Out By Agreement States?

ANSWER.

As stated in our response to Question 5, the activities of the Agreement States are authori:ed under Section 274b of the Atomic Energy Act and not this P

Act. Under the 274b authority, an application for a low-level disposal facility, as required by LLRWPAA, would be processed by an Agreement State if the site is located within their jurisdiction.

Section 9 of the LLRWPAA requires that the NRC or the Agreement States, as appropriate:

(1) Establish procedures and develop the technical capability for processing applications by January 1987, and j

(2) To the extent practicable, complete all review and processing activities, except for the public hearing, within i

15 months of receipt of the applicatien.

After licensing the disposal facility, the Agreement State would be responsible for regulating the facility to ensure that it is being operated consistent with applicable state law.

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QUESTION 7_.

In View Of The Justice Analysis, What Impact, If Any, Would There Be On Implementation Of The 1985 Act And The Compacts Ratified Pursuant To That Act? Please Assess These Aspects For Beth Agreement States And Non-Agreement States.

ANSWER.

We do not believe the Justice analysis would aave any impact on implementation of the 1985 Act or the Compacts ratified pursuant to it for either Agreement or Non-Agreement States. As we noted in answers to questions 1-6, we do not view the provision of the Appalachian Compact as authorizing the Compact to enforce Federal icw, nor is there anything in the 1985 Act which explicitly authorizes states to to so.

In addition, since the Agreement States Program authority stems from Section 274 of the Atomic Energy Act, a? U.S.C. 5 2021 and not the 1985 Act, the analysis by Justice would not affect the way this program is implemented.

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@Micuqk UNITED STATES NUCLEAR REGULATORY COMMISSION

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-l August, 1987

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SUMMARY

OF THE NUCLEAR REGULATORY COMMISSION'S AGREEMENT STATE PROGRAM Prior to enactment of the Atomic Energy Act of 1954, nuclear energy activities in the United States were largely confined to tho Federal Government. The Act made it possible for private comercial firms to enter the field for the firat time.

Because of the hazards associated with nuclear materials, Congress detennined that these activities should be regu?ated under a Federal licensing system to prn+ect the health and safety of workers in the nuclear industry and the public. The Nuclear Regulatory Comission is the Federal agency charged with this responsibility.

Although protection of the public's health ano safety has traditionally been a State responsibility, the Atomic Energy Act of 1954 did not specify such a role for the States in nuclear matters. This policy was changed in 1959 when Congress caacted Section 274 of the Atomic Energy A:t. Section 274 spells out a State role and provides a statutory basis under which the Federal Government can relinquish to the States portions of its regulatory authority. The 1959 amendment made it possible for the States to license and regulate byproduct material (radioisotopes.)1 sourcematerial(therawmaterialsofajomicenergy),andsmall quantities of special nuclear material.

The Comission is required, however, to retain regulatory authority over the regulation of nuclear facilities such as reactors, exports and imports of nuclear materials and f acilities, larger quantities of fissionable materul, consumer 1

products, facilities vital to the rational comon defense and security and certain types of radioactive wastes. The Atonic Energy Act was amended in 1978 by the passage of the Uranium Mill Tailings Radiation Control Act of 1978 which requires Agreement States regulating uranium and thorium tailirg resulting from recovery operations to adopt certain technical and procedural requirements. The 1978 amendment also requires NRC to periodically review Agreement State programs for adequacy and compatibility.

Section 274j of the Atomic Energy Act provides that the NRC may terminate its agreement with a State if the Comission finds that such temination is necessary to protect the public health and safety.

In 1980, Section 274j was amended to authorize the Comission to 1

In 1978, Congress enacted the Uranium Hill Tailings Radiation Control Act of 1978 (UMTRCA) which, among other things, added to the category of byproduct material "tailings or wastas produced by the extracthn or concentration of uraniun or thorium from any ore processed primarily for its source material content."

2 In 1981, the Comission amended its Policy Statement, "Criteria for i

Guidance of States and NRC in Discontinuance of NRC Authority and Assumption Thereof by States Through Agreement" to allcw a State to seek an Agreement for the regulation of low-level radioactive waste as a separate category.

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temporarily suspend all or part of an agreement with a State in the case of an emergency situation where the State failed to take necessary action.

Such suspensions may renain in effect only for the duration of the emergency.

A copy of Section 274 of the Act, as amended, ',,

j enclosed (Enclosure 1).

The mechanisn for the transfer of NRC authority to a State to regulate the radiological health and safety aspects of nuclear materials is an agreement between the Governor of the State and the Comission.

Criteria for such agreements have been published by NRC as a Policy Statement in the Federal Register (Enclosure 2). A copy of the most recent agreenent, with Illinois, is enclosed for illustration (Enclosure 3). Before actually signing the document, the Comission, by statute, nust detemine that the State's radiation control progran is compatible with the Comission's, meets the applicable parts of Section 274 t.nd that it is sdequate to protect the public health and safety. For its part, the State establishes its authority to enter such an agreement by passing enabling legislation.

At pyesent, twenty-nine States have enterad into such Agreements with NRC.

These States now regulate over 65% of the 20,000 licensees for byproduct, source material, and special nuclear material in the United States.

In 1981 the Comission detemined that qualified States may also enter into limited agreements for regulation of low-level waste in pemanent disposal facilities.

Each agreement provides that the State will use its best efforts to maintain continuing compatibility with the NRC's program. The NRC naintains a continuing relationship with each Agreement State to assure continued compatibility of the State's rerStory program and its

relationship includes:

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adequacy to protect health and safety.

exchange of infomation on a current bash

)vering regulations, licensing, inspection and enforcenent data; consultation on special licensing, inspection, enforcement and other regulatory problems; and an annual neeting of all Agreement States to consider regulatory natters of comon interest. Special technical assistance is routinely provided to the States upon request.

As mandated by the Atomic Energy Act, NRC conducts on-site, in-depth progran reviews periodically of each Agreement State in which organizational, administrative, personnel, regulatory, licensing, compliance and enforcement program areas are reviewed.

Selected licensing and compliance casework is reviewed in detail. State inspectors are accompan'ed by NRC staff on selectF inspections of State licensees.

A, copy of the guidelines which the NRC ases in conducting such reviews have been published in the Federal Register as a Comission policy statement (Enclosure 4).

When progran deficiencies are identified specific recomendations for improvements are developed and femally transmitted to the State for action. Follow-up reviews are made as necessary.

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Alabama, Arizona, Arkansas, California, Colorado, Florida, Ge6rgia, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maryland, l

Mississippi, Nebraska, Nevada, New Hampshire, Hew Mexico, New York, North Ccrolina, North Dakota, Oregon, Rhode Island, South Carolina, Tennessee, Texas, Utah and Washington.

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NRC provides a wide spectrum of training for State personnel. Examples are short-term courses in health physics, radiography radiation safety, nuclear medicine, licensing, inspection procedures, radiological engineering, well logging, transportation of nuclear materials and i

project management for licensing low-level waste disposal facilities.

1 Travel costs and per diem for these training sessions are paid by NRC.

Although other Federal agencies, such as the Environmental Protection Agency, the Food and Drug Administration, and the Department of Transportation are also involved in the control of radiation hazards, NRC's Agreement State Program serves as a focal point for Federal-State cooperation in radiation control.

The NRC State Agreements Progran is administered by the State, Local and Indian Tribes Program in the Office of Governmental and Public Affairs.

This is a new Comission level office which was established as part of an overall NRC reorganization which became effective April 12, 1987.

The NRC regional offices participate in implementation of the State Agreement Program.

The staffs of the Office of Governmental and Public Affairs and the Regional Offices are ready to meet with Governors, State agencies State legislative comittees, State advisory groups and others to explain fully the NRC Agreement program. They can-provide descriptive materials about these prograns and model State acts for regulatory legislation and will also arrange meetings with other NpC staff members on specialized.

subjects as appropriate.

What are the advantages for a State that takes over the Comission's regulatory authority as described above? The principal advantages are the followino-(a) NRC's authority does not include regulation of x-ray machines and other radiation producing equipmenj, accelerator-produced radioactive materials, and radium.

Regulation of these sources for radiation protection is, and always has been, primarily the responsibility of the States. Many States now exercise surveillance over these sources of radiation which, in the aggregate, are responsible for over 75% of the public's exposure to radiation, other than from background. Thus, by assuming the authority which the NRC is authorized to relinquish, a State is able to have, as part of its public health systen, a complete and conprehensive program for radiation safety.

(b) Many facilities, including medical institutions and physicians, use radioisotopes as well as x-ray macnines and radium. A State regulatory system which covers all such radiation sources enables most users to deal with a single agency rather than with a Federal agency for a part and the State for the renainder.

(c) An agreement with NRC enables a State to make its own licensing decisions and in doing so, to take into account local conditions.

3 hRC does regulate radium to the extent it occurs in uraniun or thoriun mill tailings, see footnote 1, p.1.

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(d) The proximity of licensed users of radioactive materials to the regulating agency has been cited as having significant advantages for both the users and the agency.

Entering into such an agreement with NRC would be consistent with a (e) serious interest of a State in being knowledgeable about all sources of radiction located within its boundaries.:

(f) An agreement with NRC enhances the core of knowledgeable people at the State level who can respond to inquiries and incidents.

Administrative costs that are incurred by a State becoming an Agreenent State vary from State to State, depending, among other factors, upon whether or not the State already has a radiation control program covering sources of radiation not regulated by the NRC, i.e., x-rayWhere rachines, accelerator-produced radioactive materials and radium.

this is the case, the incremental costs would be less than if the State previously had only a limited or voluntary radiation control program.

As a rule of thumb,1.0-1.5 staff-years per 100 licenses is needed to effectively administer the program assumed from the NRC. This is a rather general index and actual staffing needs will vary according to o

the particular circumstances in any given State. Further, those States which have major licensed facilities in their State, such as low level radioactive waste disposal facilities and uranium mills, will need additional resources. NRC staff can pro' fe further guidance on staffing requirements for regulating in these areas.

HRC charges most of its licensees license application and inspection fees. Whether or not an Agreement State charges fees is a natter of choice for the State. NRC does not provide funding to States for routine program costs. Some Agreement States fund their programs out of general revenues and plan to continue doing so. The majority of the Agreement States, however, have authorized collection of user fees as a means of assuring an adequate funding base. As a result of these States' fees and those of HRC, over two-thirds of the licensees in the United States are licensed by agencies authorized to charge user fees.

NRC has prepared model State legislation which includes authorization for a fee system. NRC staff can assist States in developing fee systems.

The Agreenent State experience since 1962, the year of the first Agreement, has been that the States generally conduct effective radiation control programs. When major progran deficiencies are noted by NRC, technical advice, assistance and training is offered by NRC (within its resources). The main area of concern is maintaining adequate staffing levels, a reflection of State salary structures and funding. On the other hand, Agreerent States typically excel in having highly trained staff and by conducting more frequent inspections than NRC.

Enclosures:

1.

Section 274 of the Act, as amended 2.

MRC Policy Statement for criteria for applicant Agreement States 3.

Agreerent with the State of Illinois 4

NRC Policy Statement fc review of Agreement State Programs

AGREEMENT STATE PROGRAM

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l Section 274 of the Atomic Energy Act, as amended Cooperation With States

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"Ste. 274. Coorsarvion WITH StAtts.m-21We?

"a. It is the purpose of this section-

"(I to recognize the interests of the States in the amt peace ut uses of atomic energy, and to ela the respective responsibilities under this Act of the tates and the Commission with respect to the regulation of byproduct, source, and special nuclear materials; 2 to recognize the need, and establish ograms for(co) operation between the States and the mmis-1 sion with respect to control of radiation hazards associated with use of such materials; latory pattern

"(3) to promote an orderly regu betwe:n the Commission and State governments with respect to nuclear development and use and rep ulation of byproduct, source, and special nuclear materuls;

"(4) to establish procedures and criteria for dis-continuanes of certain of the Commissioni regula-tory responsibilities with respect to byproduct, source, and special nuclear materals, and the assumption thereof by the States;

"(5) to provide for coordination of the develop-ment of radiation standards for the guidance of Fed-eral agencies and cooperation with the States; and

"(6) to recognize that, as the States improve their capabilities to regulate effectively such materials, additionallegislation may be desirable.

wu "b. Except as provided in subsection c., the Commis-sion is authorized to enter into agreements with the Gov-ernor of any State providing for discontinuana of the regulatory authority of the Commission under chapters 6, 7 and g, and section 161 of this Act with respect to any one at more of the following materials within the State-

"(l) by product matenals as defined in section lle.

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

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"(3) source materials;

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

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2-During the duration of such an agreement it is recognized that the State shall have authonty to regulate the mate-rials covered by the agreement for the protection of the public health and safety from radiation haurds.

"c. No agreement entered into pursuant to subsection

b. shall provide for discontinuance of any authority and the Commission shall retain authority and responsibility with to regulation of-du,1) the construction and operation of any pro-ion or utiliution facility-

"(2j the export from or Import into the United States of byproduct, source, or special nuclear mate-rial, or of any production or utihzation facility;

"(3) the disposaliryto the ocean or sea of byprod.

uct source, or special nuclear waste matenals as defined in regulations or orders of the Commission;

"(4) the disposal of such other byproduct, source.

or special nuclear material as the Commission deter-mines by regulation or order should because of the haurds or potential haurds thereol, not be so dis-posed of without a license from the Commission. The Commission shall also retain authority under any such agreement to make a determination that all applicable standards and requirments have been met pnor to termination of a license for byproduct mate-A i

nal, as defined in section lle. (2) aos c UAc. asi4.

Notwithstanding any agreement between the Commis-sion and any State pursuant to subsection b., the Com-i mission is authorized by rule, regulation, or order to require that the manufacturer, processor, or producer of c.4...

or other product any e,quipment, device, commodity,ial nuclear material contaming source, byproduct, or spec shall not transfer possession or control of such product except pursuant to a license issued by the Commission.

"d. The Commission shall enter into an agreement under subsection b of this section with any State if-

"(l) Tne Governor of that State certifias that the State has a program for the control of radiation haurds adequate to protect the public health and safety with respect to the materials within the State covered by the proposed agreement, and that the State desires to assume regulatory responsibility for such matenals; and is in(2) the Commission finds that the State program accordance with the re uirements of subsection

o. and in all other respects compatible with the Commission's program for regulation of such mate-rials, and that the State program is adequate to pro-tect the public health and safety with respect to the materials covered by the proposed agreement.

signed by the Comm,ission, the terms of the proposed

• y"*e (1) Bef suhbhc Law M404 (M sut. 3C34)(it'lk est. N4(f). edded 8 are armesse shrt UEGlemwe,=memn suspecu* griert uw word "roepshbe*.

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agreement and of proposed exemptionspursuant to sub-section f. shall be published once each week for four consecutive weeks m the Federal Register; and such.

opportunity for comment by interested oersons on the proposed agreement and exemptions sha0 be allowed as th: Commission determines by regulation or order to be'-

nate.

ap Each proposed agreement shallinclude the pro-effective date of such proposed agreement or pose exemptions. The agreement and exemptions shall be pub.

lished in the Federal Register within thirty days after signature by the Commiuion and the Governor."f. The Commission is a regulation or order, to grant suel) exemptions from the L-w G*

licensing requirements contained in chapters 6,7, and 3, and from its regulations applicable to licensees as the Commission finds necessary or appropriate to carry out any agreement entered into pursuant to subsection b. of this secuon.

"g. The Commiulon is authorized and directed to cooperate with the States in the formulation of standards for protection against hazards of radiat on to auure that i

State and Comminion programs for protection against hazards of radiation will be coordinated and compatible.

"h. There is hereby established a Federal Radiation Council, consisting of the Secretary of Health, Educa.

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tion, and Welfare, the Chairman of the Atomic Energy Commission, the Secretary of Defense, the Secretary of Commerce, the Secretary of Labor, or their designees, and such other members as shall be appointed by the President. De Council shall consult qualified scientists and experts in radiation matters, including the President of the National Academy of Sciences, the Chairman of the National Committee on Radiation Protection and Measurement, and qualified experts in the field of biol-ogy and medicine and in the field of health physics. The Special Assistant to the Preaident for Scienu and Tech-noloff, or his designee,is authorized to attend meetings, participate in the deliberations o, and to advise the r

Council. De Chairman of the Council shall be desig-nated by the President, from time to time, from among the members of the Council. The Council shall advise the President with respect to radiation matters, directly or indirectly affectinghealth, including guidance for all Fed-eral agencies in the formulation of radiation standards and in the establishment and execution o.' programs of cooperation with States. De Council shall also perform such other functions as the President may assign to it by Executive order.

"i. The Commission in carrying out its licensing and rerulatory responsibilities under thts Act is authorized to w.m enter into agreements with any State, or group of States, to perform inspections or other functions on a coopera-tive basis as the Comminion deems appropriate. The 2wh.O!,W1%.pw.WEEEE*M'Y!ED 1' n =.m -

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4 Commission is also authorized to provide training, with or without charge, to employees of, and such other assistance to, any State or pohtical subdivision thereof or group of States as the Commission deems appropriate.

Any such provision or assistance by the Commission shall take into account the additional expenses that may be incurred by a State as a consequence of the State) entering into an agreement with the Commission pursu-ant to subsection b.

"j. (1)280 The Commission,uponits owninitiative after Ty**

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 suspend all or part ofm its agreement with the State and reassert the licensing and regulatory authority vested in it under this Act, sf the Commission finds that (1)2 2 such termination or suspen-sion is required to protect the public health and safety,he or (2) the State has not complied with one or more of t requirements of this section. The Commission shall peri-odically review such agreements and actions taken by the

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States under the agreements to insure compliance with the provisions of this section.288

"(2) The Commission, upon its own motion or upon request of the Governor of any State,ma3,after notifying 6,

the Governor temporarily suspend all or part ol its agreement with the State without notice or hearing if,in thejudgment of the Commission:

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

"(B) the State has failed to take steps necessary to contain or eliminate the cause of the danger within a reasonable time after the situation arose.

A te, porary suspension under,this paragraph shall m

remain in effect only for such time as the emergency situation exists and shall authorize the Commission to exercise its authority only to the extent necessary to con-tain or eliminate the danger."m "k. Nothing in this section shall be construed to affect the authority of any State or local age,ncy to,regulat,e activities for purposes other than protecuon against radi-suon hazards.

"1. With respect to each application for Commission wer license authoriung an activity as to which the Commis '"'

sion's authority ts continued pursuant to subsection c.,

the Commission shall give prompt notice to the State or 2B2fdpf b Eyh'f,&72.3' f"b.un 1

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States in which the activity will be conducted of the filing of the license application; and shall afford reasonable.

opportunity for State representatives to offer evidence, interrogate witnesses, and advise the Commission as to.

the application without requiring such representatives to' take a position for or against the granting of the application.

m. No agreement entered into under subsection b.

and no exemption granted pursuant to subsection f., shall affect the authority of the Commission under subscetion 161 b. or i. to issue rules, regulations, or orders to protect the common defense and security, to protect restricted data or to guard against the loss or diversion of special nuclear material. For purposes of subsection 161 i., activ-ities covered by exemptions granted pursuant to subsec-tion f. shall be deemed to constitute activities authorized pursuant to this Act; and special nuclear material acquired by any person pursuant to such an exemption shall be deemed to have been acquired pursuant to section 53.

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

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State, Territory, or possession of the United States, the Canal Zone, Puerto Rico, and the District of Columbia.

As used in this section, the term ' agreement' includes any Ar- = -

amendment to any, agreement.2'8 "o. In the licensing and regulation of byproduct mate-rial, as defined in section 11 e. (2) of this Act, or of any j

activity which results in the production of byproduct matenal as so defined under an agreement entered into a State shall require-i pursuant to subsection b.,th the requirements of subsec-tion (1) compliance w1b. of section 83 (respecting ownership of by-product material and land), and

"(2) compliance with standards which shall be adopted by the State for the protection of the public and the environment from hazards health, safety,h such material which are equivalent, associated wit to the extent practicable, or more stringent than, standards adopted and enforced by the Commission for the same purpose, including requirements and standards promulgated by the Commission and the Administrator of the Environmental Protection zu

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Agency pursuant to sections 83,84, and 275, and

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"(3) procedures which-

"( A) in the case of licenses, provide procedures under State law which include-

"(i) an opportunity, after public notice, for written comments and a public heanng, with a transenpt.

"(ii) an opportunity for cross examination, and

"(iii) a written determination which is based upon findings included in such deter-mination and upon the evidence presented during the public comment period and which is subject to judicial resiew; h

"(B) in the case of rulemaking, provide an opportunity for public participation through writ-ten comments or a public hearing and prowde for judicial review of the rule;

"(C) require for each license which has a sig-nificant impact on the human environment a written analysis (which shall be available to the public before the commencement of any such proceedings),of the impact of such license, melud-mg any activities condveted pursuant thereto, on the environment, which analysis shallinclude-

"(i) an assessment of the radiological and nonradiologicalimpacts to the public health of the activities to be conducted pursuant to such license;

"(ii) an assessment of any impact on any waterway and groundwater resulting from such actintes;

"(iii) consideration of alternatives,includ-ing attemative sites and engineering methods, to the activities to be conducted pursuant to such license; and pacts,meluding decommissioning,g term im-

"(iv) consideration of the lon decontam-mation, and reclamation impacts, associated with activities to be conducted pursuant to N

such license, including the management of r.ny byproduct material, as defined by section iI c. (2); and

"(D) prohibit any major construction activity with respect to such material prior to complying with the provisions of subparagraph (C).

If any State under such agreement imposes upon any Feensee any requirement for the payment of funds to such State for the reclamation or long term maintenance and monitoring of such material, and if transfer to the United States of such materialis required in accordance with section 83 b. of this Act, such agreement shall be N "*

amended by the Commission to provide that such State shall transfer to the United States upon termination of the license issued to such licensee the total amount col-lected by such State from such licensee for such pu,rpose.

If such payments are required, they must be sufficient to ensure compliance with the standards established by the Commission pursuant to section 161 x. of this Act. No 4: uic.mi.

State shall be required under, paragraph (3) to conduct proceedings concerning any license or regulation which would, d,uplicate proceedings conducted by the Commission.286 "In adopting requirements pursuant to paragraph (2) of this subsection with respect to sites at which ores are processed primarily for their source material content or which are used for the disposal of byproduct material as defined in section 11 e. (2), the State may adopt alter cure.wis.

where appropriate, site spect ic alter-T natives (including, irements adopted and enforced by the natives)to the requ

• = rwa u. nan m sw xm wsu.m usa.eme e e m e 9

I

Comm'tssion for the same purpose if after notice and opponunity for public heanng, the dommission deter-rrunes that such afternatives will achieve a new! of stabiliza-tion and containment of the sites concerned, and a level of protection for public health, safety, and the environment from radiological and nonradiological hazards associated with such sites, which is equivalent to, to the extent practi-cable, or more stringent than the level which would be achieved b" standards and requirements adopted and enforce /by the Commission for the same purpose and any final standards promulgated by the Adnurustrator of the Environmental Protection Agency in accordana with section 275. Such alternative State requirements may take a use.m:2 into account local or regional condiuons, ivJuding geol-

~

ogy, topopaphy, hydrology and meteorology.".m SZh!E$h! MllEE UdME7

l 4

f l

1

[

POUCY STATEMENTS and amended by Pub.1. 90e04 de PR 7s.ao approved November L 197L These m,,

criteria are intended to indicate factors which the Commission intends to consider in approving new of ernended Criteria for Guldence of States and areements. Rey are not intended to NRCin DisconUnusnee of NRC limit Commission disentjen in viewing Regulatory Authority and AssumpUon individual agreements or amendmenta.

Thereof by States Through Agreement ga accordance with these statutory asewet.U.S. Nudear Regulatory Provisions, when en ereement between

. Comalnlon.

a State and the NRC is effected, the Comtnission will discontinue its ACDost Statement of Polley.

regulatory authority within that State suuuAnn The Nudear Regulatory ever one or more of the fotowing Commisalon has rnised its statement of materials: b>Troduct material a e denned pplicy regarding criteria for guidance of in Section11e(1)of the Act States and NRC in dJacontinuance of (rs 6elsotopes). b>7toduct material as NRC regulatory authodty and defined in Secuen 11e(2) of the Act (m!U assumption of regulatory authority by tallings or westes). source material States through agnement.This action la (arasf um and thorium). special nudear necessary to make editorial changes to material (ursalum 233.arsafum 235 and spdate the poucy statement, to aDow pluton!um)in quantides not eufhcient to States to enter lnto agreements for low.

fr'rm e critical reass and permanent lays) wasie only, and to incetporate the dispotaloflow levelwaste contaln!ng provisions and tvqu!rements of the one or more of the materials stated Uranjum ).CU Tallings Radja tion Control above but not induding miu t40ings.

Act of197L Adopt!on of this poucy wiU L An aptement may be affected allow laterested States to enter lato between a State and NRC:(1)upon assements with the NRC and regulate carti$ cation by the Governor that tfs low.leval waste sites on.ly. Additionally.

State has a props.m for the control of thosa Stataa that mest the criteria for tedjation hazards adequate to protect the regulatJon of utarJurn m1Us and the pubut bealth and safety with roepect talungs may exerdse resJatory to the materials withta the State covered O

authority over these sources se presided by the proposed egnement and the by the Uranfum Mill Tsuinas Radiat!on State des!rts to assume regulatory Control Act of197L se amended.

respons!bu!ry for such materials; and (7)

The revised statement of poucy after a finding by the CommJssion that refects the foDowing principal changes:

the State progra;n is in accordance with

. 1. Modi 5 cation of Criterion 27 to the requirements of subseetion o of SUow a Stata to seek an agreemtat for section 274 and in aU ether respects the reguladen oflow. level waste as a compat;ble with the Com=lssion's sepers te category'ditfocal cri6cria for propam for the regulation of such LIndualen of a materials, and is adequate to protect the States wishing to conttsue resJating public health and safety with respect to tran!uan and thorten processors and the materials covertd by the proposed m1U tallings after November A 19et.

areement. !t is also necessary that the

3. E6torial and clar!fytag changts to State have enabling legislatjen make the statement current-authorizing its Governor to enter into DAfss:Th!: poljey statament la e!fective such an agreement.

January 23.1981.

3. De original criteria were published pon PueTwea sweoRWafloM COWTaen on March 24.1961 (26 FR 2537) afler John F.Kenig. Oftca of State Prepsms. 6scussions with various State o!hef als U.S. Nuclear Rep! story ComirJssion, and other State representatives, to Wa shington. D.C. 20535, telephone: 301-provide gv! dance and assistance to Ge 492-7767 States and the AIC(nowNRC)in surnsW eWf ART INPDRMAMo)C develo !ng a rtplatory program which 1.These criteria were developed to would e compatible with that of the NRC.The criteris were ctreulated implement s pregram. authertred by Pub. L.86-373 wh!ch w as ena cted in the among States. Fedetal stencies. laber for= cf a new secuen to the Atc.nic and ladustry, and otherinterested Energy Act(Secuen 274) and approved roups for com. ment.

by the Presteent on September 23.1959 4 The criteria require that the State authority conalder the total accumulated occupational tadiation exposite of indhiduals. To facilitate such an appesch.itla the view of the NRC that Q

an overall re dlauen protection pregam b

is des!rable.De maximurs scope of dyg September 1,1942 PS 23

,w-,

POUCY STATEMENTS l

l each Stste's radiation protection axposun of indMduals. including that surveys, and disposale of materials;(b) from sources which are not rerdated by keep records of the receipt and transfer prograin is not, however, e necessary or of the materials;(c) report algnincant eppropriate subject for ceretage.in the IL criteria. Consequently, the criteria are 8.Surrep. Mon /torias. Appropriate incidente involving the matenals, as sitent en the question of whether a State surveys and personnel monitoring under anscribed by the regulatory authorityt abould have a total reralatory program the cjon supervision of technically

' d) make evallable upon request of a covering all sources of radieuen.

competent people are essenUalla former employee a nport of the includ.ing those not subject to control by achieving todjological protection and ernployee's sxposure'lo red!adon:(e) at the NRC under the Atomic Er.ergy Act.

shau be made in determJning nquest of an employee ad51st the such as x rays. radium, accelerators, etc. compliance with safety regulations.

employee of his or her annual radiaUon

!. These nvised criterta provide for

6. l.obels. Signs. Symbole. It is eaposure; and (f) Inform each employee

.,. si g into an egnement for a destrable to achieve un!formity in in wriung when the employas has espera te category of materials.namely, labels, signs and )1nbols, and the recebed re&stion exposun in excess of lew.leul w ante resterial la permanent posting thereof. However. it is essential the prescribed bmits.

dispos al fa cilities. ne) also provide thet there be uniformity in labels, signs.

It AddnionelRequirements and new criteria for States whh!ag to and sytnbols ammed to redjoacuve Eretrprions. Consistent with the onrau continue nrdating utenlum and thorium products which an transfernd from criteris here enumerated and to secominodate speciel cases or proce:strig and the wastrs tosulun(

person to penon.

therefrom under the pmisions of the 7 lastruction. Persens working in or circumstances. the State reraf ato:y Uranjum M;11Taihng Reistion Control inquenting netricted anae shau be authonty shall be authorised in e

Act of1976(Pub.I 95-404)after instructed with respect to the health in6vidual cases to impou adduonal Nove:-ber 8.1931.no resised criteria risks assoc!sted with exposure to reautrements to protect health and also centein a number of estorial redioactive meterials and in precautjons sa7ety, or to grant necessary eternptions changes such as changing AEC to NRC to m!rWn!se expoeure. Workers shaU which wiU not jeopardize bealth and where apprcpriate to conform to present have the right to request terJetery safety.

praetjes and lew.

authority inspeet!ces as per to CHL 19.

Prior E,roluotion of uses ofAodioactive 8s Inquiries about detaus of the secuen 1916 and to be npnsented y,g,U y, criteria or other espects of the NRC during inspecuens as speciGed in 13.PriorEvoluot/on of Noeards and Federal. State Retauone Proram should seetion 1s.14 of to CFR 19.

uses. Erceptions. In the pneent state of be addiessed to the OfLc4 of State

s. Storage. Ucensed ra dioactive knowledge,it is necessary in regulating,

Programs. U.S. Nucle at Regulatory materialin storste shaU be secured the possession and use of byproduct.

Comm!: sion. We shing1on. D.C. 30555.

against unauthorised removal source and special nuclear materials

9. Woste Desposal. De standards for that the State regulatory authority Caturia i the disposal of ratoactive materials Object /ves into the alt, water, and sewers, and require the submission of information on, and evaluauon of the po:entjal burist in the seu shau be in accordance hazards and the capability of the user or

1. Protection. A State rerJatory with Part 20. Holders of radioscuve prc6 tem shaU be designed to protect the material desirtna to release or &spose og posusser prior to his recalpt of the materials.nis criterion is subject to health end eafety of the pe:ple against quanutfes in excess of the prescribed certa!n excepuons and to continuing raisuon hazards.

hmits shau be requited to obtain specJa3 reappraisal as knowledge and Radiation Protection Standards '

permission from the appropriate expnimee in the stornic surgy field I Standards. De State nrdatory terJatory authonry, increase. Frequently there are, and pregam that adept a set of standards to. Argulations Governitts Shipment inens sing!y in the future there may be, for prctection ogsinst reistion. whjch of Rodeccetive Meterials. De State categories of materials and uses as to shau apply to byproduct. source and shaU to the extent ofits kris 6ction which there is sufLeien1 knowledge to special nuclest matenals in quanttJes promulgate rerdauens apphcable to the not %fSc;ent to form a critical mass.

sh!pment of raicactive materials. such permit possession and use without prict evaluauon of the hazards and the

3. f.inifcrmity in Act:: son Starderds.

regulaUons to be compauble with those capab!hty of the possessor and user.

it it important to strive f or unif ormity in established by de U.S. Depart =ct of new categories f aU into two groups-technical defaiUons and te minology.

Transportauen and other agencies of the those matenals and uses which may be.

particularly as related to such things as Unjted States w hose kris &ction oser completely exempt from regulatory un! s cf measeement azd raiation Lnterstate shipment of such materials centrols, and those estenals and uses dose.There shaU be u.nifor=Jty on necet sn!y continues State regu!stions in which sanctons for misuu an rnatimum per nissible doses and levels regar ng transponstion of recoactve mamtamed without pre evalvauon of of radiation and concentratens of materials must be compatible with to the inividual possessien or use. la adioactivity, ea L.xed by Past 20 of the CFR Part 71, authenzing noearch and deu!opment NRC regdauens based on ofEcjaUy it. Accords and Aepens ne State er other actaitte s involvirs multiple a;; roved rs tat on protecten guides.

rerdstory propa= shau require that uns of ud.oactiu metenals mben an 4.Tctoloccupation l A 4 anon beiders and users of r:6cacuve insutstion has people with extensive Irpesure. ne rerdatory esthority shall materials (a) mainta!n rtcords covering traini d

e censider the total occupadosal raiaton personnel ratsuen exposure s. radauen pjr uce provide a means for autfcr,izing bread me emre m t.ni eser.es a rebuy sees

• 1eideted e r ems or e,i usos is use of rnsterials wl!hout eneluating each I

s h4h is senvo::e s N ve Leansee for the pepose ItA F1t slJ*.ldash s41stl. and s': ended a of red ef.en p'e'es: os eheimdes:s fro'n sepesure speciOc use.

h os e+t 1s6s IW F1t lb:44 Decemet 4.1Mit f.t.ast ed ier.4!cAa an me*, sade is Jane tesa Le to tod.sboa ar.d isi secuve ases:s inmete8

14. Evoluotion Criterio. In tvalusting reneci v4e aaem of une UA Dreamm et arer sh0 m uscude er me mud n m4m.et a proposaj to un n acachu mainiags.

e Tnnpenem ed c,. aam e.mai ta m

e. arm n!'A@ e n9me roem et room m e the regulatcry authority shau determine

's.asn et sme nozems ard 5.sie nrirs:am redm *N8 4 **) be ut epen u e meet,3 the adequacy of the appheant's facihties

.Q swe coewei se eh intma esecatet ans.

24 Sootember 1,1982

_~_

POUCY STATEMENTS radioactivity in the proposed use to be esperience in this field.The backg ound and safety equipment, his trsining and evaluated and Inspected. This requires and specific training of triese persona expenence in the use of the snatartals competency to evaluate various willin6cate to son e extent their for the purpose requested, and his potential role in the ngulatory program.

preposed administrauve controls. States potential tsdielegical hazarda These tralo'eee,of course,could be used associated Mth the many uses of should develop guidance docutnenta foe radioactive insterf al and indudes iniually to evaluate and Inspect those un by license apphcanta. this guidance concentradons of radioactive materials applicadons of radioactive matenals should be consistent Mth NRC Licensms in air and wster, condstions of shieldag.which are censidered routine or more and regulatory guides for various the making of radiabon meuurernents.

standardized from the radiation safety categenes of beensed actwities.

15.Numon use. The use of redioacuve knowledge of radiadoo instruments--

atandpaint. for exemp!e Inspection of materials and rediat.on on orin humans Wir ulection.uu and cahbretfor>--

ladustrial gauges, small research Wil not be permitted etcept by laborstory design, conta mina tion pregrams, and d agnostic me6 cal

, o a.'y va'.ified persons (normaUy control other general pri.nciples and prestams. As they 3 sin experienca and

1. censed physicians) possessing practices of radiation protectioru and competence in the field, trainees could presmbed m!nirnurn, experiance in the use of managercent controls in asaunna be used prognsshely to deal with h use of radiolactopes or ratatfor.

adherer.ce to safety procedures la order more complex or 6fncult types of to evaluate sorme complex cases, the todosctive material applications.!!Is jo,#egjen State regu! story staff may need to be desirable that such trainees have a bachelor's degne or equivalent in h

16. A;rpose. Trequency.The,

supplemented by consultants or okt posseasion sed use of radioactive State agencles with expertise in geology, phyalcal or life sciencee and specific tra tning in radiation protecton. In materials shall be subject to inspeeUen hydrology, water quahty, radiobiology determning the requirement for

_ by the regs! story authonry and shau be and enentering disciplines, academic training of mdividuals in aU of subject to the performacce of testa, as To perform the functions involved in the longoing categories proper required by the regdatery authortrT'to evaluntlee and inspection. It is desirable consideration should be given to inspection and testing is conductea that there be personnel educated and equivalent competeney which hae been determine, and to assist in obtalming, tralned in the physical and/or life gamed by appropriate techn! cal and compliance with regu! story scienets,induding biology, chemistry, rs 6ation protecuen experience.

" 4 d":' O t8-physics and engineering. and that the Ina recogrund ht ts&oactava Fregency of inspection shaU be personnel have had trattdng and seetenals and their uses are so varied related crectly to the amount and kind arperteoce in n dia den protecdon. For that the evaluation and inspection.

of matenal and of operetton examph. b person who w(U be Emetions wdl require skius and licensed and it s allbe adequete to responalbh for 6 actual performance experience in the &fferent discip1mes I^ 8 "" '*

• P."" C*-

of evalunden and inspection of allof the whjch will not alw sys reside in one U

17. Inspeckons Compuls tJcenaces various usee of brproduct. source and Pusen.The regulatory authenty should f

shaU be c.nder obhgaben by w to special cudetr material wfJch reight have the composite of such skius either prodde acc44: to inspectors.

come to the ressistory body should have in its emple'y or at its command. not

18. Notificot on of /tesults of substantial training and extensive only fer routine functions.but also for laspection. LJeansees an enttled to be experience in 6 field of redieuon emergency cases, advised cf the results ofinspections and protecdoe lt la desinbh ht such a Specio/ Nuclear Afoterial Source to w hether or not they an in W a kWr's degne or o ce equis alent in the physical or life Afoteriolond Tritium sciences, and specific training-ratetfon Odes 4plicWe to Speelal Enforcement Ny:Jear bt:terioL Souree hictersol ond

19. EnforcemenL possession and use pt0\\tC00%

11la recognized that there will also be Tritius Nothing in the State's of rs6cacuve matenals should be persons in 6 preram perfortning a ngdatory program shaU interfer, Mth amenable to enforcement through le8a}

inere limited fun,etion in evaluation and the duties t=pesed on the holder of the sancuens. and the regulatory authenty bepection These persons MU pe-form materials by the NRC. for example. the shall be equipped or assisted by law the day.to-day work of the regulatory du*y to re;crt to 6 NRC on NRC with the cecessary powen for prompt pregnm and deal Mth both routine prescribed forms (1) transfers of special enforcement This may indude, as sitostions as weU se some which MU be nuclear material, source material and a;;topnate, adenirJstrauve rermedes out of h or6 nary.These pesons tntiurn, and (2) perio&c ins entory data.

locktng toward issuance of orders should have a bachelor's deree or 22 See j /yg:/, r Afeteri /p,63ef.

equivalent in the physical or hfe, s, andSpecial nude ar matenalin qu antitle s requtnr4 afTL satjve acton or suspension or revocation of the right to sciences, t a!nira in hulth physic not sufheiect to fer:n a critical rnast. for possess and use matenals and the approximately two years of actual work present[u. poses means uranium irnpouncas of matenals.the obtaining experience in the Beld of radiabon ennt.he tn the 1 otepe U-235 in of injunceve mhef, and the t= posing of quanthes not excee6r4 350 pams of protectice, en d or enm.inal penaloes.

The foregoing are considered contained U-235. uranium 233 in Persortnel destrable quahfications for the staff who quantite s not excesing 2 parns:

20 Q.<clifications of Regulatcry and will be responsible for the actval p! teniumin quantines not escee&ng laspection Fersonnel. The regulatory perfermance of evaluation and 200 g ams; or any cornbmatien cf them egency shall be staffed with suffirient inspection. Ln addiucrL there will in accordance with the fo!!owing trained personnel. Pnor evaluauen of protably be trainees associated Mth the fo mula For each k!nd of special regWatory propa.m who wul base an nucle ar rnaterial, deterrnine the ratio ap;bcahons for licenses or academic backroand in the physical or between the quanuty of that special autheruauens and inspection of Lfe sciences as weu as var 3tnpameunts nucle ar material and the quanuty beensees must be conducted by persons of epecific train!rg in re disuon specified above for the same kind of possessir4 the training and experience protection but litue or no actual werk s;ecial nudeer mater!siThe sum of reles ant to b type and level of PS 25 September 1.1982

POUCY STATEMENTS 3

for the DOE at U.S. Governmentmed scch ratios for all of the kinds of special the foUowing quanUUes in combinaden nudear matenalin combinaden should would not eac4ed the Emitsuon and are or controUed altas:

b. Prime contractors Performing net excesd T (i.e urJty).For examp!e. within the formula, as foUows:

rese arch in. or development.

manufactun. atorege.tuting. or 175 (grams contained U 235) + 50 (grams U.233) + 50 (traes Pu) = 1 transportauen et atomic weapons or J50 200 200 cornpenents thenof;

c. Prime contractors using or operating discontinuance of NRC regulatory nuclear necton or other nudeat (This definition is subject to change by authertty and the anumpUon of devices in a U.S. Government. owned future Cornrnisslon ru.e or regulabon.)

otory authority by the State may vehide or venel: and reQe to any one or more of the

d. Any other prime contneter or M

ruon u a de practices for assuring the fair following categories of resterials withis subcontractor of DOE or NRC when the lated by Pubbe State and the NRC jointly determine (i) i and imps-tiel ai tinlitraden of the State, as coetembe 1.cw 95-404:

that,under,the terms of the contract or Law so-3n and Pub re?ulatory law. Incluieg prodston for public participation where appropriate,

s. Byprodact snaterials as defined in subcontract, there is adequate ahodd be incorporated in procedures section 11e(t)of the Act, anurance that the work thenunder can

b. Bnroduct maartals as deemed in b accompliabed without nadue risk to

a. FormulaUon of rules of general secuen !!alg)'of the Act, the public health and safety and (LI) that fon t

app?icabihtyt

c. Source materials, the axempuc,n of such contactor or

b. Approving or denying appbcadena

d. Special nudeaf mater %!a in subcontractor la authorized by law.

for licenses or aut.hertzation to poness quantices not suf5cjent to form a Ad&tional Critetta for Statn Regulating atd use rs6cactive materials. and crtucal mass.

Uranlum or nortum Processors and j

c. TJing &sciphnary acuens ogalnat

a. Law. level westee in permament Wastes Resulting nartfmm After cLisposal faciutes, es defined by sta tuu heensees.

• C# '*I"I** "1" * *I"I***'*

Artcnemenu For Discont.inuirt NRC centaining one or mere of the materials sgoggae g,risdieue stated in a. c. and d above but not

20. State statutes or duly promulgated.

24. State Asency Designolloa ne induing byproduct material as daftned nru!adens should be enacted,if not Stste should tnicate which agency or in Secuen tie (2)of the Act aiready in place, to make deat State agencies mu have authodty for carrnas but must relate to the whole of such "O *'"Y " **"I '"I 0' "T"1"*"I' on the preg *am and should proude the category or categories and not to a pa.rt or Pubuc Law 95-404. Uranium MiD NRC with a su:r.=ary of thatlegal of any category.'If less than the Sve Tamns: RaSaden Centrol Act authenty.There should be assurances categories an induded in any MCA) as fotowe against duplicate reralauen and discontinuance of b.rtsscton.

a. AuGe4 to nr au de taWags o*

beansing by State and local authorides,

&scontinuance of NRC reralstory wutu pmduced by Ge extneton w -

i and it may be desirable that then be a authority and the assumpoon of concensen M wamjum or Godum 1

single er central reral.atory authert y.

re[a! story authority by the Stata of the hem any on pmcened prima 4 Ma l

f 35 Exishes NRC Lcenses cad be acce=p!Jshed sourts insterial centent, et ers mi)dy by an amendmed u by a

b. net an adequate sunty (under Fendzes A;;/scotiers in effecting the subuquen discent: nuance of grisscuer.

terma estabushed by reraf aden) wtU be a;prepnate anangements win be made g"$'f,[e at may incorperste by prodded by the Ucenses to assure the by NRC and the $tste to ensure that reference provisions of other doessninta, d*" "I 'U "S** 8t8 there will be no interference with or induing these enteria. and the C#"hlfshed by the (cJte appropriate uta interruption of licensed scuvides er the ag.nement shaU be duced to State agency)for the decontaminadon, processing of license applicatens, by incorporate without specific reference decer.tnission. tag. and redamaton of reas:n of the tra.sfer.Fcr example, one the pronstons of Pub.L tr.4n and Pub, site s. structures, and equf pment used in a;; roach fright be that the State. in L 95-604 and the n!ated proustons of conjecden w1G Ge genenden u assum!ng Nns6cten, could recogNte the Atornic Energy Act, Caposal of such bntoduct mandal and centir.ve in effect for en Antrigements should be made for the

c. Me Statu' Ucensing ud ap;te;riate period of erne umder State

,,e!pp,g,;,,geg.!Ucm of State beemes stralauen of byproduct mateMal or of law, esistirs NRC heenus,induing and Fedetal beenne in connecten wnh any acW pmduen peduct

=phea tions out of the.ktt:6ction operations by a maudet Ge Stau coUnu fe.s from licenns I:t which timely :d except fer renewalhave been fde State er Federal ucenen.

theheensu or its sunty for lertunn where goed coun wanants de either at NAO ond Dep:rrment effargy sMance and msbunnes of such reesamin:U:n er tenr.inaden of the Centreeters. no State should prende mauMat Ge tMal accet of Go fods heense.

exem;ttens for NRC and DOE cellected by the State shal.1 be

6 Ae/criens With Teters/

contnet:rs which ce substantaty transfmed io the U.S. If custedy of the Cei emment and 0:Aer States. Th"*

equisalent to the fe" wsng exempuens:

byproduct material and its Capesal site shedd b eninterchange of Fedetaland

,, p,,,, geng.s eters pufer=L 3 work la transfened to the Federal State infennsten and anistance in C:vernment upon tenninatien of the conneetien with the Issuance of 9 g, g,,,,,,m tx3,,,,, g,

bi8Il IiC8 Ele-lb4 e IO CUl IbO 3 A-) II B0 tegdaticas and hcenses er top.am et sv..a and W erocenes sad defsult has occurftd and the a b.h:rlis tiens, in s

• e cUcn ef !!ce ns e e s.

Wod ct ra st e. es eeMed a lechse lle t!) ef reclamalion or oGer b0nded actjdty has reperting r.fincidente and V10Ie!!ons.

une Ales:: f.mys Act as ameadet af;t? hovsf%er and tra!ni"3 and educauert prob! ems.

ga g,g3p,7{n77,g,pggg,j;7gg,pg7pg,,

4 L.

h 3

• 8"#""#" N e $nt p ovtir.3 for Ae e)

.e.,er

, u..g

,34.

1:

1 i

l POLICY STATEMENTS 1

l

)

I a o not to be transfernd to the Fedetal

31. It is preferable that State statute jt,'g as Nd 3 * *'

e Cos erntnent.ne funds coUected by the contatn b prodsfons of Section e of the designate a lead agency for saperdstra State shall be sufficient to ansare Model Act But the following may b*

and coorinating preparation of this compliance with the regulauons the accomplished by adopden of either uttronteental a ssessment. It la Commission estabhshes pursuant to procedures by regula.on or technica!

,,77.suy expected that the reistion Secuen 161X of the Atomic Energy Act criteria. In any casa, authority for their control gency(n Agnunent Sistu MU

& In b issuances of licenus, an implementation should be adequately be h lud gucy.N bute pnmise is opportunity for written comments, suppo'ted by statute, regulation et case that b lead agency is required to hrepan h environmental anessment.

pubhc heanns (with transcript) and law as determined by the Staw Attorney crose examination is requtnt General.

tilaation of an applicant's processed primartly for pett sourceeconmentalnport in lieu of a lead J

in the licerts!ng and re letion of ores

e. In the issuances of hcenses. e agency assnsment of the proposed svt.tten dmmination of the action to be iden baml upon evidence presented material contant and for b &sposal of project is not adequate or appropriate.

I dating the public coevnent period and byprt, duct material, proceduns shaU be However, the lead agency may prepare which is subject to lu6cial ndew is estabbshed which provide a written an environmental assessment besti requirei analysis of the impact on b upon u appheant's endrortrnental

f. A bu on major construction prior to environment of the licensing activt report. Other en6ble infermation mef completion of the aforemendoned nis analysis shaU be squable to e be utuired by the State as long as sue enpulations.

pubbe before comreencement of informadon la verified and documented 3 An opportunity shaU be provided beariras and sha!! include:8

a. An assessment of b ndiological by b,Q'a S

I g

l dy is d@atei for pubhc participation through written and nonre6ological public bealth thet ageney should coo dinate ce=menta. public heatings and juicial n'

n e neetment of any supporthe assessment of any impact on PgdC[y

$at de uadwaten legislacon, the State should take into any body of water or gternadves to the u

d et to M aren of

c. Consideremon of account Ge neervauona of authority to furig g,ry the U.S. La UMDCA as stated in 10 Cm licensed seddtier, and o

as c s e ea ca of can aeti tie [

l Sob 1).

oWiAI' statutory authority. the t!me sequence in

a. De estabbshment of minknum Regulatlans whlch the agencf ee become involved.

Stand ards 3 ov e rning re cJ am s boa. lor 4' 31 State reguladens should be the magnJtude of theirinvolvement, and term survealance or maintanance, and nyiewed for ngulatory requinmenta, nladve expertin Mth respect to the onenbp of the bgroduct m.aterial and when necessery incorporate project's environmental efects.

regulatcry language which ta equivalent in order to bring an envitcamental b.ne deter =inabot that nor to the ter=inauen of a bcense.O cansee has k&

re@ble at am sunsment to a satisfactory concJusion.

cc@ed wd decontacadoa, strv, gent than regulations and standards it is highly recommended that an injual j

decon:missioning ud reclamation adopted and enforced b the scoplas document be developed which standards, and onersNp requirements Co-dh n m by Se clearly del.nestes 6 area and scope of

)

for sites at wh;ch byproduct materialis 274o (ne to CR 40 andiaCR work to be performed by each agency pmsent 15 cat (b)),

within a given time ccnstra!nu

c. De nquirement that prior to

& For those areas in the i

terminsuon of any licenas for kyproduct 0:tanisationalRelatiertshlpe Within

,nyt,,ng,g,g3,,,,,,,,,g wy,,, ty, the Ato=ic Energy Act or for any,s.(1). of matenat a s def;ned in Section it the States State cannot identify a State agency 33.Orgaalaational mledonshJps banna sufficient expe'tse to adequately actmty that tesulta in the production of shou'd be estabhshed which will avaluate the proposal or prepare an such material. ude to such byproduct proude for as e5ective ngulatory assessment 6 State shodd have matenal and the d:sposal site be program foe uranium muls and mill provisions for obtaining outside transfened to the Federal Government tautngs.

cc:sulung semees.In these instances er State at the opuen of the State,

s. Charts abould be developed which w here non.governmenatal consultants prouded such o; ten is exeresed prict show the management orgartizabon and are utarei procedures should be to terminauen of the beansa.

hnes of subrity.This chart should estabbshed to avoid cerfact ofinterest

d. ne authenty to reques such define the speci$c lines of euperusion censistent Mth State law and monitoring. maintenance, and from program ma.nagement within the ad=injstratise procedures.

emergency messares after the licanae is ra 6:uon control group and any other Me6 cal consultants recognited for terminated as necessary to protect the depart =ent within the State responsible thea erperuse in er-ersency me6 cal pubhc health and safety for those for contributag to the regsjabon of r:stters. such as the Oak Ridge and r:stenals and property for which the uranium processtrig and 6 posalof Har. ford National Laboratones. rtlating S:ste has assumed custody pursuant to taibngs. When other State agencies or to the intake or uranjum and its M L SW regional of5ces are utibre6 the i.nes of d;a;r.csis thereof associated with e.ne authenty to pertnit use of the communication and aininlettative uranium minir.3 and trJutng should be surface or subsurface estate or both of control between the agencies arx!/or identified and available to the State for the land transfened to the United States ngiens and the Prog? sin Director should advfce and 6tect sssistance.

er State purswant ut. der prodsien of the be clearly draern.

Dunns W budget pnparayon.the Uratuum Mdl Ra6stico Ta6ngs Control b nose States that willutilize State shodd allow for fun 6ag costs Act-personnel from other State Departmenta incuned by the use of con:Wtants.In f.no authonry to exempt land adotion. ennsdtants should be emership transfer requirements of e m y,.43 m. m m e,e % g nad available for any emergencjes which Seetion 8MbX1){ A).

hep e w in p.the m w.

September 1,1982 PS 27 l

N

POLICY STATEMENTS mar occur and for which their aspertise have ad60cnal tra!ning in Urantum Min (b) Geolont wedd be needed imme6ately.

Health Physica and Eavtrenmantal (c) HydroFegy and water qualtry-i Assessments.

(d) Meteorology:

hnawl

c. Personnelin agencies other than the (e) Backg?cund rediation:

(f) Taihngs retention eyisem;

34. personnel anded in the processing lead agency are induded in these total (g) Interun stabthsa Uon, reds ma don, cf h Ucease applicades can be person yeat numben.If other agendes and Site Decommissioning Prograrn:

identified or grouped according to the an cauated to these numbe s then it fotowv.g skills: Techn!cah shan be demonstrated that these (h) Radiological Don Auess, ment pereognel will be avaQable on a rovttne (1) Sourte terms Ad'.ninistrative, and SuppoM.,a Adrmrustrative perser.nel are those and contindng basis to a degree (2) F.rposun paGway remns who wiu prende tetemrJ datmed as necessary to successfd}y (3) Dese commitment to in6Hduals pYes y !w rnemerssda, redews and comply with the requirements of (41 Dose commitment to popdauens (5) Evaluation of ra6clogical unpacto

s...g.:W ervices necessary to assure UMTRCA and these criteria.The to the public to todude a determinsten cceplecon of the licansing action.

arrangements for makirg such resources Support personnel are those penons avatlable shall be documented. sue.h as of comphance vath State and Federal w be provide secretarial, derical en interstency memorandum of regulations and comparisons with background valuu supacrt, legal, and laboratory serdcas, understan6ng and conntmed by (e) occupational does TedirJealpmennel an these budsetary cost cantm.

(7) Ra 6ologicalimpact to blota other (nividuats who have the trataba and Function To Be Coverut than man enyrience la roLauca protection necessary to evaluate the engintring 35.De States shodd develop (8) Ra dological soonitertrg programa, and tsicltgical eafety aspects of a proce duf,, [or lice nsing. inspection. and pM4ccupadonal and oPerauer.a3 (i)Impaets to surface and utenium concaritia tor. Currtst preparation of environ = ental groundwster,both quahry and quanttyt in6 cations are that 3 to 2.75 total as se essents.

U)Environmentaleffects of acodants:

professional pe sen years' effort ta

s. Licemir.g and r.eeded to proces a new centenucnal (1) Ucensing evalostfons or (k)EvaluaUen of tallings management eJJ bcense, in stru liceue, or major assesscents shodd indude in plant af ternatives 6 terms of regdauona.

renew al.to meeI the tequirements of to dielegical safety aspects in (2)De States an en ouraged to UMTRCA. This nu=ber bdudes the occupauonalor restricted aress and examine the need to expaad the scope effort for de endronmental assessment environmental t= pets to populations in of the assessment into other areas such and the in pla.nt safety redew.lt also unrestricted areas frcm the plant, bdudes the use of consdtasta. HeeP (2)It is expected that the State wfl]

as:

leach appheations e.sy take less tune

,, Hew, evaluste and provide (a) Ecology, a:d is aspected to take 1A to L5 docv.mentaben of these evaluations.

(b) Eavironmental dects of alte prciesslocal staf yean' effort.

Ite=s which should be evaluated an:

prep station and facibty construcUon en enviro: ment and biota:

dependmg en the circumstances (4) Proposed acudder, (c) Endron. mental effects of use and encountered. Curtt:t 66 cations an (b) Scepe of preposed action:

6 charge of che=Juls and fuels: and that the pe sca yean afort for npport (c) Specific setvities to be conducted:

and lesal se-dces abould be one (d) Ad=Jale*rsuve procedures; (d) EconorJe and sectal erects.

secretary fer approximatdy 2 (e) Faetbry orga:1utien and

c. lespection convenbeca] m 11s and % staff yean for rs 6eletul e af ety reepo:sibihties, (1) As a minknum. Items whle.h abould legal services for each noncestested m1:1 authenues, and pesonnel be inspected or induded daring the inspeetten of a tranium miU should case.ne impaet c envtrenme:tal quehautsens; attere to the iterce evaluated in the in-eenitonna 1 borst:ry n; port eerdcan If) Ucensee au6ts and inspections; 1: 65eJt to estunate but shodd be (g) Radiaton safety training prvgrams plant s4fety review.ne principalitems added teto the pereenne! reqwrememts-for workers:

recommended forinspecton an:

b ad10sn. censidersben ahedd be (b) RaiaUcn safety program, control (a) AdimirJstrauen:

sk en to vanous InisceDaneous post

• and monitortng (b) RU cirevit. tnduing arry Lcensing cageing scudties induing the (t) Restncted ana markings and ad60 ens deletiena ce c revit changes:

lasaasce of minor ameni:ents-access control.

(c) Accidents /bsdentr.

Lupeetcas. and environmental U) At ex.isung mil ls redew of (d) Part it or eqwvalent requirements eu.n eWenca. it is estmated that these morJtenna data, exposure records.

of the State; actidtjes c:sy requ:n abcut 0.5 to 1 bcensee av61 and inspection reccids, (e) Acuen takes on previous findings; pe sen yee.te e!lert per Lcensed facil!ty and other records appleab's to exisung (f) A mill tour to determine semphance wid regu!auena, and Lcense per lear, the latter beira the ca se for a etlis:

rnaler f acility.nese f!.:ns do not (k) Endrenmental merJter!ng.

con 6 tens:

include manpow er for Tatje I acudtives (1) Eme gency procedans.

(g) Talhngs wa ste manage:nent in of 0.fTRCA.

ta 6clorul; aecordance with regd Lons and hcene

b. b evaluating license applicatices (m) Prodact transportation: and conit: ens (see hTsC Reg Guide 3.11.1);

the State shall have secess to necessary (n) Site and physical decernrrJostenirig (h) Records:

specishues.e 3 raio!ctul safety, procedures, o$er than ta.l.ngs.

(i) Res; irate y protection h h) dro!cgy, seo! cry and dam (o) Er:pleyte trposure data and accerdance with Lcense concitons or 10 construct;cn and cperation, bies::ay preg a.rr.s.

CFR part 'to.

In ad6tien to the persennel

b. Envuonmentc/ Assessme.it (f)EMuent and enviter.rsental qwshfications !!sted in the

• Guide for (1) The enviter.rnentel es sluation monitoring Esaluation ef State Rad.stien Centrol sheJd cons:st cf a detaJed and (k) Training pregrac r Pre; a rts." Revisten 3. February 1,1980.

doeurnented evaluedon ef the following (1) Transpertsben end shi;pirg:

the terWate y staffinvolved in the items:

(re) blemai redew and au61 by h/

regulatery procast (Rsdtabes) should (a)To;egraphp management:-

PS 28 September 1,1982

POUCY STATEMENTS (n) E.xit interview; and samples in a variety of sample media (o) Foal written nport dwumenting resulting from a major actident can be the results of the inspecuen and Ondings analysed in a time frame that will allow tietly decJslons to be made regarding on each item.

(21 'n a ddition. the inapector should public health and safety.

d. Arrangemente should be made to perform the following particips;a in the Environmental (a)ladependent aurveys and Protection Agency quality assurance aampling.

(3) Additional guldance la costalned program for laboratory performance.

In appropriate NRC replatory and I

inspection pides. A complete in:; eden should be performed at least out cet y ar.

d. C;crationalDato noview (1)la eddition to the reporung requirements required by the regulauona orlicense conditions thelicensee will

[

submit in wTiting Io the regulatory age within to days after January 1 and y1 of each year.reporta spect ing the quantity of each of the principal radionuclides released to unrestricted areas in bquid and in gaseous emwents during the previous six,

months of opersuon.This data shad be reported in a manner that wul permit the terJaiory agency to con.".rm the potential annual raistion doses to the public.

(2) AD data from the radiological and non re6clegical environmental monitoring program will also be eub=jtted for the same ti.me penods and

(

frequency.ne data wiu be reportedin a manner that will allow the terJatory agency to conform the dose to receptors.

j lastmncatation 3& ne State should have svagable both field and laboratory instru=entation sufTicient to ensure the litensee's control of materials and to sabdate the licensee's measurementa.

a.The State will submit its list of instrutnentatics to the NRC for review.

Arrangements should be made for calibrating such equ!pment.

b. Laborstory. type instrumentatfon should be ava!!able in a State agency or through a commercial service which has the capabihty for quant tauve and quahtause analysis of ra6enuclides associated with naturat urardurn and its

{

decay chain primanlyt U.238. Rs.22&

i Th.320. Pb 210 and R.n 222. in a variety of sam %e meJia such as will be J

encountered from an environmental saraphng program.

Anal > sis and data teducuen from laboratory analytcal faciliues should be as ailable to the licensing and Lr.speetion authorities in a timely manner.

Normal'y, the data should be ava3able within 33 de): of submittal State acceptabihty of quality assurance (QA) prograrns should also be estabbshed for 1

the analyticallaboratories.

c. Artangements should alsobe

)

cornpleted so that a large number of PS 29 September 1,1932

4

\\

POLICY STATEMENTS O

t

...e..

PwWehed 7/14/51 Cetteria for Ouksence of States and I

NRC in Discontinuance of NRC M*gtAetary Authertty and Aaeumpelsel Thereof by States Twough Agreement statement of Peary sorce.Nedear Ragdatory Commleelon.

senost Redston of Criterion Iqf.

suun AJrr. In a Federal Registar document pubbsbed on January 33.1s81 (46 71L 754-7M8. FR Doc. 81-3428) b NRC published Criteria for Guidenoe of Statee and NRCin Discontinuance el NRC Regulatory Authortry and Assump.oo Thereof by States Ttrough Agreement. As pubitsbed at 46 FR 7M4.

Col 1. Critation 29f. which statee '%en on me}or construction prior to completion of the aforementioned stJputetions." is lneecurate.TMs document corrects the text of Otterbe as by reMaing persgreph f. Le road as follows:

• f. A ban oc ea)or constructice poter to eorepleun of the wMnen endroemoete]

anaysis sep=14ted in Crtterie ti?

l Poa Pusmen wommanon coer7Acr.

John F. Keodds Omc4 of Stats Programs.

Nucleat RegJetory Comrnission.

Wa shington. D C 30555. (301) est-teci.

Deted at Washagaoc. DC e toth day of Jujy tert.

yor ibe wdeat Rerdatory Comm utoe.

Samuel L CEh.

seenwy ofon comuauson l

l PS.32 8*ptember 1,1942

POLICY STATEMENTS Therefore, the NRC La reviema Cnterion e to indude reference to b s

performanoe oblectvos.tecAnical requirements and Anancialassurance requirements contained in Part 61 and the waste transfer and manifest system contained la Port 30.ne revisfon also seusnes me,ueion of u Nueen, Wasia Policy Act of let1 Criterion e as Pm 3337s wtD be used in juds b adequecy pwwahad 7/21/s3 o

c Discontinuance of NftC Authertty and (nd com g

AssumptSonThereof by States land djsposal of vel resoectJve Through Agreement; Crtteria for we ste. No additional revisions to the Guidance of States and NRC criteria are conaldered necasury at this tirne to enter into an agreement with a Actucy: Nuclear Regulatory 3 tate which indudes authortry to Commission.

regulate low 4evel es&oactive waste Statement of pohey Redsfon, disposal.

Acncer:

For Agreement States cunently evuesany'. Cnterion e of b NRC's regulating opers ting burial sites. NRC Pohey for Discontinuance of AuthertrY has been and wu1 continue to work with dsted Janusty 23.1981 appearing at 46 FR 7540-7546. deals with waste disposel.

the States to impletneat Part el It states that the standards for &spon) provisions on a case-by case basta.le the extent practicable.he weste

~

lnto alt. water and sewet, and bunalIn trarisfer and mardfest system.10 CR soil shaU be in ac4crMace with 10 CR M311 becomee e!!ective December 27 Part 2a The Commission's regulation to 19610n an Lntert n basis, arrangemente CFR Part 61. which becatne effectn a are being ende with the Agreement December 27,1961 provides beensing States rerdat'ng the existir.g burial eltes procedures.performanca objectives.

to trnplement the waste classificatino technical requirements and financial system and weste transfer and manifest j

J assurance requirements for the issuance system through the burial site Ucensees, of licenses by NRC for the land disposal poa puertwam awronesAnoes coartAct of teest wasiea that are commordy Kathleen NAhneider.OfLee of State referred to as low level we ste. In Programs.1.f.S. Nucle at Regulatory adition, the Nuclear Weste Policy Act Comminion, Weshington. DC 30655.

of 1M2 tequires that the NRC and the telephone: 301-493-48B3.

Agreernent States peovide and approve my memnosc CMu ceristn itsted hnencial errargements s

prior to issuance of a Ucense forlow-8 is revind to need se foUows:

level rs&oective waste &sposal of ta the esse of beenses la effect, prior to

3. Ra dioactive Wute Durpoul.

termination of such Ucertses.De fieancial anangemeota are to cover (e) % eete &sposal by material users.

I compleoon of all reqntremeou for the Tts standards for the &spotet of decontaminenos decomnseW she re&oacuve materials into ti'e att, water closure and reclamation of stoa.

and sewer, and burial trt the eoil shall be structune and equipment used in 6 eMme MG 10 CR Ps't M conlunctioe with low. level wa ste Holders of redioecove me;erist duiring

"I"" ?' E'P'" 'I 9"*"""terials concentrations of es&oactive ma Te mmission beljeves that States seehng an ag+eement pureaant to in excau of prescribed limita shall be Section 274b of the AtocrusEnergy Act required to obtata special palmission of1M4 es amended,to regulate isnd b b appropruu rerdatory

&sposal of re&oactste waste should estabbsh standards for &sposal which subrMyanu fx transfer of wesk for u

keq are in accord with the opphcebte h pgou of ultimate &spoul at a technic al delittitierts. performatice land disposal facibty (weste transfer objectiv e s, technical re quirema.nt s, and end manifeet syste:cl shau be la financiel assJance requirements of 10 accordanu Mth 10 Cm m no waste disposal standards shab CW Part s1 and the waste transfer andinclude a wssie classification echeme rnan>fut sysiem prev.nbed la 10 CR and pronolons for westa form.

Part m For the waste manifest systern apphuble to weste generstore, that is to fur.ction effectavely on a national equivalent to that contelned in to Cm tus:s. it is nece etry for all beensees.

b<,th NRC and Ag eement State, to Part 81.

(b) Land esposal of weste rece!ved follow the same system.Thus, the from other persons.h State shall Agreement States are expected to adopi promo13ste reg detions containing er.d implement th3 system for their beens!Ag requirements for land &spesal beer's e e s.

Aly 29,1983 PS 37

~

POUCY STATEMENTS of radioactive weste neelved from other W

persons which am campatible with the sppucebie techalcel deftaluona, performence objectives, technical requirements and applicable supporting sections set forth in to Cnt Part e1.

Adeqvate financial errantements (under

~.

terms established by reguletion) sheU be mquired of each weste disposal site ITcensee to ensure suffident funds for

)

decentamineden. closure and stabill edon of a disposal site.In cddidon. Asteement State financlel i

artangements for long. terre monitor (cf and maintenaned of a specific site must be reviewed and approved by the Commiss.on prior to rolleving the ette operetot oflicensed responsibuiry (seedon 151(a)(2), Pub. L 97-425).

Cemm!eeioner Roberts. La d!sapproving, stated "Given the sietes' and the pubbe's interest in all aspects af our waste dJaposst res.Jations and guldence, this resiston should go out for

,public comments."

O i

PS-68 September 30,1943

l P

l AGREEMENT i

J SETWEEN THE UNITED ST ATES NUCLE AR REGULATORY COMM15$10N AND THE STATE OF ILLIN0!$

FOR 015 CONTINUANCE OF CERT AIN COMMIS$10N REGUL ATORY AUTHORITY AND RESP 0M5ftlLITY WITHIM THE STATE PUR$UANT TO SECTION 274 0F THE ATOMIC ENERGY ACT OF 1954, AS AMENDED WHEREA$.

the United States Nuclear Regulatory Ceesission is authorized under Section (hereinaf ter referred to as the Conrsf ssion) 274 of the Atomic Energy Act of 1954, as amended (hereinafter refe* red to 45 the Act), to enter into agreements with the Governor of any State providing for discontinuance of the regulatory authority of the Commission within the State under Chapters 6, 7, and 8, and Section til of. the Act with respect to byproduct materials as defined in Sections 11e.(1) aad (2) of the Act, source materials, and special euclear materials in quantities not sufficient to form a critical mass; and, WHEREAS, the Governor of the State of Illinois is authorized under tilinois Revised Statutes, 1985, ch. 111 i, par. 216b and ch. til 1, par.

241-19, to enter into this Agreerent with the Coemission; and.

WHEREAS, the Governor of the State of Illinois certified on October 2, 1986, that the State of Illinois (hereinafter referred to as the State) has a program for the control of radiation hazards adequate to protect the public health and safety with respect to the paterials within the State covered by this Agreement, and that the State de' sires to assume regulatory responsibility for such saterialst and.

WHERE A$. the Cor. mission found on May 13,1987 that the program 6f the State for the regulation of the sateriais covered by this Agreement is compatible with the Cormission's program for the reguistion of such caterials and is adequate to protect the public health and safetyg and, s

Oud 3 7

____.,_._.J

.to WHERE AS, the State and the Commission recognite the destrability and importance of cooperaston between the "ommission and the $ tate in the formulation of standards for protection egetnst hazards of radiation and in assuring that State and Coestssion progress for protection agafast i

spettble and, hazards of radiation will be coordinated an.

WHEREA5, the Cosatssion and the State recognize the desirability of reciprocal recognition of Itcenses and exemptions from licensing of those materials subject to this Agreements end, WHERE A$, this Agreement is entered into pursuant to she provisions of the Atomic Energy Act of 1954, as amended:

the Cermission and the NOW, THEREFORE, IT 15 HERElf AGREED between Governor of the State, acting in behalf of the $tste, as follows:

ARTICLE f Subject to the exceptions provided in Articles !!, !V and V,

the Cormission shall discont;nue, as of the effective date of this Agreement, the regulatory authority of the Cassisst n in the Stata under Chapters 6, 7 and 8, and Section 161 of the Act with respect.to the fo116stng:

Byprodu:t material as defined in $setton 11a,(1) of the Acts A.

B.

Source materials:

to form 59ecial nuclear materials in quantities not suf fletent C.

a critical sess; and, D.

The tard dispcsal of source, byproduct sad spects) nuclear l

enterial received from other personse e'..__ _

=

30 i

AeTICLE 11 discontinuance of any,nthority This Agreement dres not provide De and the Commission shall retain authority and responsib(11ty with respect to regulation of:

The construction and operation of any productics or uttitration A.

facility:

\\

into the United $tstes of byproduct, f

B.

The export from or import I

or special nuclear seterial, or of any production or

source, uti11tation factittyt C.

The disposal into the ocean or sea of byproduct, source or special nuc1*ar weste raterials as defined in regulations or orders of the Commission; D.

The disposal of such other byproduct, source, or special nuclear material as the Commission from time to tire determines I

by regulation or order thould, because of the harerds or po'ential herards thereof, not be so disposed of without a license from the Commissient end, The extraction or concentration of source saterial from source E.

material are and the management end disposal of the resulting byproduct material.

Aef f Ct t 111_

This Agreement any be amended, upon application by the State and to include the additions 1 ares specified in approval by the Conainsta9, regulatory control Article !!, peregraph t, whereby the State can exert over the seterials stated therein.

e

'~N=---Twer w,,,. _,

.s.

ARTICLE IV Motwithstanding this Agreement, the Commission may frog time to time by rule, regulation or order, require that the manufacturer. processor, or producer of any equipment, device, commodity, or other product containing source, byproduct or special nuclear material shall not transfer possession or control of such product except pursuant to a 1teense or en exemption from Itcensing issued by the Commission.

ARTICtt V O

This Agreenent shall not affect the authority of the Commission under subsection 161 b. or 1. of the Act to issue rules, regulations or orders to protect the common defense end security, to protect r@strteted a

dets or to guard against the loss or diversion of special nuclear material.

ARTICLE VI The Cornission w111 use its best efforts to cooperate with the State and other Agreement $tates in the formulation of standards and regulatory programs of the State and the Commission f or protectior against hazards of radiation and to assure that State and Commissten orograms for protection against hazards of radiation will be coordinated and compatible.

The State will use its best ef forts to cooperate with the Commission and other Agreement $tates in the formulation of standards and regulatory programs of the $ tate and the Commission for protection against hazards of radiation and to assure that the State's program will continue te be compatible with the program of the Consission for the l

. ] lij\\ \\ ':: T' '.

,,,,, - ~

.b.

~QR regulation of like materials.

The State and the Commission will wie g

A their best efforts to keep each other informed of proposed changes in 9

respective rules and reguistions and licensing, inspection and g

f y their enforcement polistes and criterit, and to obtain the comments and N

g assistance of the other party thereca.

fi Md AeTICLE Yil M

M h

it is de>Jrable to provide The Commission and the State agree that k 1 reciprocal recognition of lit.enses for the materials listed in Article I a

is Accordint,1y. the Itcensed by the other party or by any Agreesent State.

3 Come,ission and the State agree to use their best efforts to develop r

3 reciprocity specariste rules, regulations and procedures by which such y,

will ha accorde4,

'h

?'

AeTICLE V111_

n

-b.

initiative efter reasonable notice and 3

The Cornission, upon its own

'l opportunity f or hearing to the State, or upon request of the Governor of

2 the $ tate, say terminate or taspend all or part of this agreement and reassert the licensing and regulatory authority vested in it under the

[p

~$1 Act if the Commission finds that (1) such termination or suspension is 3

?J the State has l

to protect the public hesith and safety, or (2)

T required cospited with one or more of the requirements of Section 274 of the l5 not Act.

The Commission say also, pursuant to Section 274j of the Act.

tesperarily su; pend all or part of this Agreement if. in the judgment of 3

the Ceseission, an emergency situation entsts requiring tamediate action A

to protect public hesith and safety and the State has f ailed to take j

i f

l shall periodically review this Agreement necessary steps. The CommissioA 5

f and actions taken by the State under this Agreement to ensure compliance 3

~.

with $ection 274 of the Act.

e j

=h

6 ARY1CLE 11 This Agretient shall become effective on June 1 1987 and shall remain la effect unless and untti such time as it is terminated pursuant to Article 1111.

4

]

cone at Washington. 0.C.. tn triplicate, this 14th day of May, 1987.

FOR THE URITED STATt5

=

MUCLEAR RECULATORY COMM155!0M h&de W.

h.

Lando W.

Z e c V J r.. (,L h e i rs a n j s e at Springfield 1111 nots. in triplicate, this IM day of NLf,if87

{

js t'

FOR E STATE OF ILL1n0!$

i.

1 i

/

ones K.' Thompson Go$ rnor h

~.

.f a

~s M

g.

er u

e s

i y

(

U 4

_v N

j 4

.s I

Tw Rww m '

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M m 4.1.

Federal Register / Vol. 52. No.107 / Thursday. June 4.1987 / Notices 21132 and one from a non Agreement State radiation controlprogram director. A en enth comment letter. from a nuclear utility, commented on the Federal Register notice of the Comminion's interest in the feasibility of developing a set of objective performance indicators for the various materiala tu:enna regulated by the NRC and the Agreement States.The Commission plans to further explore this pouibihry and wdi seek opportunities eo do ao together with the Agreement Stales end.

when appropriate. with additional N'"". EAR REQULATORY opportunity for public input.

WLSSION One comment was specibe to a State (Pennsylvania) which rec;ntly entered a

...nuation of Agreement State Memorendum of Uoderstanding (MOU)

Radia"on Control Programa; Final with NRC (31 FR 43467).The MOU was Generf* Statement of Policy viewed by the commentor as AceNcr.U.S. Nuclear Reg;ulatory circumventing this Pohey Statement.

Commission.

The referenced agreement is authorised actiom Final general statement of by section 247i of the Atomic Energy Act as amendmed. State activities under it

pohey, notinchde ngulatory funcuana est w

auwwaar.The Nuclear Regulatory could be conducted pursuant to a Commission is adopting as a general Secuen 274b Agrument (which thiis statement of policy the recently revised I'h'Y II'I'*'"I C'""I' "Guidelines for NRC Review of One comment recommended elev eting Agreement State Radiation Control staffing level to Category I and another Programs."This statement of policyis. recommended elevatmg all the being issued to infor:n the States and the Indicators under Penennel to Category pubhc of the critena and guidehnes

1. Commission staff, when developing which the Commission intends to use in the proposed revision, solicited its periodic evaluations of A&reement Agreement State and regionat staft State programs.

Yiews on moving staffmg level to FoR FVfr7NeR INeonwa71oM Coartam Category 1. Supportmg argun ents were Donald A.Nusabaumer. State.14 cal and that staffing level denciencies were Indian Tnbe Programs. Office of frequently a major contnbuting cause of Governmental and Pubhc Affairs.U.S.

significa nt Celescry I deficiencies in Nucleat Regulatory Commin.on, State programs, e 3.. lack of ataff leads 1

Wa shington, DC M555. Telephone: 301 to inspectice, backlogs, and elevatmg the 492-7767.

Indicator to Category I would help focus sweetsuewtamy Neoaua7 tom On State attention on the underlying cavus, November 13.19e6 the NRC published in e g inadequate funds for positions and the Federal Registee preposed minor low salaries. On the ether hand. NRC revisions to its Central Staternent of staff routirrely couple comments on sts!f Policy. "Guidelines for NRC Review of deficiencies with comtnents on Category Agreement State Raistion Control I problems.when lintMe exists,in the Programs'(51 FR 41172). Interested comment letters to tb :Aate Health persons were invited to sutmit written Officers. NRC staff will s'ao comment comments on the proposed revised on stafDng deficiencies in the absenu of pohty statement which expired january Categoryldencienciesif tte staff 11.1987. Seven wntten comments were beheves the staffing deficiencies. if received. After review and evaluation of uncorrected. will lead to problems in the comments. the Comminion has Ca tegory I a rea s. Ca tegory i Indicators, i

concluded the revisions can be as explamed in the Policy Statement.

published as proposed as a final general have a direct bearing on henhh and statement of policy.Mmor e6torial safety and Category !!!ndaaters corrections have been made to'the text address essential technical.dd for clarsheation.

administralise support which if not Six letters offered comments on the proposed revision to the Pohey maintained may lead to C.4tegory I i

1 Vob! ems. As an example of a Category Statement.

One comment letter was received

!!!ndicator the T fiey Statement cites from e pubbe citisen. one frcm a utihty stafhng les el. Maintainirs stafung level and other Personnel!ndicatnrs as health ;,5) !cist, three from Agreement Cat

• gory 11 will be consistent with the State radition contrcl program 6tectors Cat +

21133 Fedetal Register / Vol. 52. No.107 / Thursday, June 4.1987 / Notices Covernments, and to provide a Mcy's intende d distinctions between the Commluton's statutory obligations mechonism for States to enter into to protect the common defense and teperles I and 11.

security as set forth in section 274m of formalagreements with the Atomic 09e comment from a non. Agreement the Act,as ar. ended.That at: tion Energy Cc,mmission (AEC). and lettr the ste recommended rnaintaining the makes clear that this obligation is Nuclear Regulatory Commission (NRC).

parat!on of Status of Regulation and

=patib1hty of Regulations (as in the separate frorn determining that the under which the States assume State's program la adequate to protect regdatory authority over byproduct.

esent policy Statement). As explained the public healih and :afety as required source, and small quentities of speciel the November 13.1956 Federal by section 274b.

nuclear materials, collectively teferred rgister notice confusion has arisen One comment received from a non-to as agreement materials.The ier the distinctions between the two reement State suggested that in mechanism by which the NRC dicaters.'IT.e proposal to combine Agding to the guidelines.NRC shoulddisconunues and the States assume a

em received no negative commenta compare Agreement State prog *ams to 8

fY gY

,8 g

om ths :s Agreement States. Allied the Regional NRC materials programs.

m terialsis an agnemen between the ith this comment, was another The implication of the comment is that sernorof a State an e

tcommendmg that draft language for.

the NRC regulatory propam for Commission. Before entering into en tate regulauono should be provided to materials should be reuewed in light of Agnement. the Govemor is required to te States to enable them to rneet the the name guidehnes for the Agreement certify that the State has a regulatory sideltaes for maintairdng compatible States.The Policy Statement has been propam that is adequate to protect the rgi.1.tions within 3 years of adoption deWloped specifically for the review of public health and safety.In addition, the y NRC. Apeement States are routinely Agnement Stsie programs as required Comrolulon must perform an clified ci NRC regulatory amendments by section 247) of the Act, as amended.

ladependent evaluacon and make a nri must be adopted to maintain which provides that NRC 'shall finding 1. hat the SIste's progtsm is empeubility. In many cases simple periodically review such agnemnts edrafhng of the NRC requirement to and actions taken by the States under adequate from the health and safety neat Sta te codificadon standards can the egnempts to insun comphanc,,e standpoint and compatible Mth the

>e dcne easily by the States. When with the provisions of this section.

Commission's regulatory propam.

nafor NRC amendments are issued.

Thus, the guidelines are not totally Current Cuideh,nes such cs the waste manifest rufe rpplicable to NRC propams. However,

entained in 10 CFR 2.311 NRC staff the periodic appraisal or assessments in1981,the Commission published a mill prepare and make evallable to the which NRC rnakes ofits own materials major revision of the guide for review of States drtit suggested State regulation ngulatory program utlize comparable Agreement State propams (two eerlier language that Lncorporate NRC pnneip)u ou undin nefuaung revisjons reflected pnmarily minor and amendm:nts.The Conference of tate ams.

editorial changes).These Guidelines Ra diation ControI Propam Directors.

AQ gn

.n,nended constitute Comminion po! icy in the Inc. with NRC and other Federal Agency development of guidelines for staff for form of a document enutled"CuJdelines asetaoce matntaina model Suggested Agnement State pro.ams respor4ible for NRC Review of Agneretnt State

&nie Regulatiorts (SSR) through a for regulation oflow evel waste Radiation Control Programs? Th!s famial adoption process. Experience has die oral. Guidance in suessing staff document provides guidance for tec nicalcapability needs and overall adop.itig ame d nt a e

tered, ataffing requirements fer States seeking evaluation of operating Agnement State they have been as m:.ch related to low level waste regulatory authority la propams based on over to years cf i

J insdequate sd tosourcee that are available from NRC staff under NRC's combined AEC-NRC experience in ents and the b uvelWeste Technical Assistance administering tle AreementState x

',y[]

85III 888U pI8"8 80 pmgramt 1985.Ccmmiulon ataH procedures for adoptug regulations as prepan a suppitmutary olicy injusted minor updating clarifying and p

they have been Io the availability of Statmnt addnssing guidehnu which editoralchanges reflectuy the "perimee gained with the 1981 policy innel issued SSR's.The Cor.fennee has staumut.W n domnet d h not efways adopted revisions within 3 "fd tknafe.ments wefe re elvedund by the NRC m W conunubs years et NRC amendments:1.owever, A

these other NRC measures provide that addressed typerephicalerrors by prog-tm of evaluating.\\grument State cdeqwe allematives by which the Federal Register and offered minor pmgrams.

Agnement States can ini'inte actions to editorial corrections.The letter have The "Guidelines' co stain six sections, edopt conforming amendments to State been incorporated.

eoch deating with one $f the es:ential regul+ tions.

Guidelices for NRC Redew of elements of a radistion controlpropam One coctment from a non Agnement Armemoot State Radiation Control (RCp)which are:!agislation and '

State suggested that the guidehnea PF'ff*"8 1887 Regulations. Org anjsation. Mana ge ment and Administration, personnel.

should establish enteria for determining (Prepared by Office of Govemmental 1.icensing. and Compliance. Each section if a State's programis inadequate and Public Affairs.U.S. Nuclear contains (a) a summary of the general l

because of common defense and secenty(CDES) considerations. As Regulatory Commission. Washington, significance of the program elements. (b) neted in the Federal Register notice on DC 20555) indicators which address specific the p*oposed agreement with the State jngg egg #

functions within the program element, of Illinois ($2 FR M09). the Commission Section 274 of the Atomic Energy Act (c) categories which denote the relatae is considerms the question of continued was enacted by the Cong ts:in 1959 to importance of each Iric.P.ator, and (d)

NRC ngslat'on of a specific licensee in recognize the interests of the States in guidelines which delineate specific that 5 tate in the interest of the common atomic energy, to clanfy the res[eral objectives or operatione; goals.

ective defense and security of the United responsibihties of S: ate and Fe States.This CD&S issue emanates from 1

Federd Redstr / Vel. 52 No.107 / Thursdd. Nne'4l1987 / Notices I

21134

• Locadon of Radiation Coritrol appropriate State representalives. No Categories ofIndicolors Program Within State Organtastion.

algnihcant items will be lef t unresolved The indicators listed in thic domment

• Internal Orga'sitation of Radiation over e, prolonged period.The Comminion willbeinform d of the coser a wide range of program Control Provam.

nsults of the reviews of the Individual functions. both technical and

• legal Anistance.

Agreement State pregrams and copies of administrative. it should be recognized

• Technical Adusory Committees.

that the Indicators, and the guidelines

• Budget-the review ecrnspondence to the States be placed in the NRC Public am not of equal under each indicator'o1 the fundarnental"[m bet *cedutes.

w

'I 'Y "

Document Room. lf the State program importance in terms goal of a radiation control pregram, t.a.

o o

n han as y,

erefo e in6ca r g,n.ge "I0*'

categorized in terms of their importanca

. Publ'ic Informatf on.

pmgmn is not abate 4 be to the fundamental goal of protecting ths

• Qaahtications of Techalcal Staff, considered and the NRC may institute proceedinga to suspend or mvoka aU or

• Staffing 14 vel.

public health and safety.Two categories

• Staff Supervialon.' i pan of Ge Agnement in accordance are used.

Cafe cry 1-Direct Bearing on Health

• Trainin.

with section 274j of the Act.

and Safeiy. Category 1 Indicators are:

• Staff Conunuity, Category il commenta concern

• IJeensing Procedurta'.

functione and actiYtuts which support

• Legal Authority.

• Inspection ProceduNS.

the State program gnd therefore would

• Status and Compatibillry of

• Inspection Reporta. l not be critical to t' :Sts'ia abilityto Regulauons.

• Confirmatory Measunments.

protect the pubuc.The Stste wiu be

• Quahty ef Emergency PlannJng.

These indicators addres: program asked to respond to these commeets and

• Techrucal Quabry of IJeansing functions which provida es'untf al.'

the Stste's actions will be ev sluated Actions.

technical and adetrative support (or during the neat regular program review.

• Adequacy of Product Evaluations.

the primary program functions. Good It should be recognized that the

• Status of Inspection Program.

performance in eneeting the guidalinsa categorization pertalna to the -

• Inspection Frequency.

for these indicators !s essential in ordar algn!ficance of the overallindic ne a'nd

• Inspectors' Performance ant to avoid the develop =ect of problems in not to each of the guidelines witnin that

,Capabihty.

one or more of the principal prettam Indicator. For exemple.*Teeptdcal

• Response to Actualand Allegeo area s. te. tbose that lau under Canegory. Quahry ofIJcensirs Actions la e Incidents.

• Enforcement Procedures.

Iindicators. Category D indicators Category lindicator.The review of Then indicators address program frequently can be used to Idantify license applications for the purpose of

, functions which direc0y relate to the underlying probleca that are causing. or evaluating the applica.nt's quebDestfens.

State's abihty to protect the pubhc contnbuting to, dhties la Category I facilities, equipment. and procedores is health and safety.lf significant In6cators.

essential to ansonns that the public It is the NRC's intention to use these health and safety is being protected.

problems exist in one or more Category I categories in the foUowtng manner. In One of the guidelines onder this indicator areas, then the need for improvements rnay be triucal.

reperting findings to State management, indicator concerns pralicensing visits.

Legislation and regulatjerts together the NRC willinicate the category of The need for such units depends on the each comment mada. lf no sigmficant i

form the foundation for the entire Category I commenta are provided, thjs nature of the specific case and is a matter of judgment on the part of the program establishing the framework for willin6cate that the pregram la The technicalreview of heense adequate to protect the pubhc healA licensing stati/Ite euccess of a State -

the licetting and compliance programs.

appli ations is the initial step in the and safety and is compeuble with to program in meeting the overell objective of the indicator does not depend on regulatory process.The evaluation of NRC's program. If one or more literal adherence to each recommended appheant quahfications, f acilities, significant Category I comments are guideline.

equipment, and procedcres by the provided the State wiu be notified that The 'Cuideines for NRC Revtew of regulatory seeney is essential to assure the program deficiencies may seriously Agreement State Raaetten Coet-el affect the Stata a abihty to protect the protection of the public frem ra6ation pubhc heahh and safety and that the Progsms" wdl be irsed by the NRC staff hazards anociated with the proposed need of improver:ent in part:cular t'unnaits oosite reviews of Agree *eent actmties. Assunng thatlicensees fulfill the commitments made in their program ares: is entical. The NRC State programs. Such reviews are conducted at approdmately 18 month applications and that they observe the would request an imme6 ate response, intervals, or less if deemed necessary. lf requ;tements set forth in the regulations If, following receipt and evaluation, the there are no significnet Category I is the objective of the compliance State's response appears satisfactory in comments, the staff may extend the addressing the sigmficant Category I progrom.The essentialelements of an comments the staff may offerim6ngs interval between reviews to adequate cornpliance program are (t) of adequacy and compatibihty as approximately 24 months.

in making a finding of adequacy.the the conduct of onsite inspections of appropriate or defer such offent:g until NRC considers areas of the State heensee activities. (2) the performance the Statis actions are examined and of these inspections by competent staff, their effectn eness confirmed in a program which are critical to its prima y and (3) the taking of appropnate subsequent review.lf ad6tional function. i.e. protection of the publ c enforcerrent actions. Another very information is needed to evaluate the health and safety.For exampte, a State irSort. tnt fattor is the ability to plan State's actions, the staff may request the that is not carrying out its inspection for, respond effectisely to, and information throdsh follow up prog *am, or fa;ls to respond to investgate radiation incidents.

cortespondence er perform a follow.up significant rad clogical incidents would Category II-En s ential Technical a nd Admmistrative Support. Category !!

or special. hmited review. NRC staff not be considered to have a program may hold a special rneeting with adequate to protect the pubhc hea;th Indienfore are-

Fsderal Register / Vol. 52. No.10 / Inursaay. junu. m.

ta establish clear authority for the Stste Internal Organlaation cf Radiatien mdatds such as exposure limits, also to carry out the requiremenu of Cintrol Progism (Category DJ

,d 5afety. Basic radiation protecti:n

• The RCP should be organized with

%ctly affect the States'sbility to UMTRCA.

the view toward achieving an simportant ths i e Status and Compatibility of Regulations acceptaW degru oMaMckney.

el ati (Category I) place appropriate tryhasis on major r a high deErse of uniformity.h thnical d(finitions and termmology.

. %e State must have regulations bregram functions, and provide specific nes of supcylsion from program irticularly as releted to units of essentially identical to to CFR Part 19.

maagement for the execution of essurement and radiation dose-Part 20 (radin tion dose standards,

,,asimum permissible doses and levels effluent limr s. wsite manifest rule and program policy.

• Where regional offices or other

. r:diation and concentrations of certain etSu parts). Part 61 (techniccl government agencies are utilf red,the idioactivity in unrestricted areas as definitions

,d requirements, knee of communication and

>ecified in10 CFR Part 20 are performance objectives, financial administrative control between these antidered to be important enough to assurances) and those required by offices and the centr.1 effice (Program retre State: to be essentially UMTRCA. as implemented by Part 40.

Director) should be clearly drawn to

• The State should adopt other Provide uniformity in beensing and r teet publ e ea t a e et Certain regulations to maintain a high degree of Inspection pohcies.procedu es and tocedures. such as those invofv.ing the undermity with NRC reguladons.

superusion.

tenslag of products containing

• For those regulations deemed a nterstate commerce, also require a high snatter of compatibility by NRC. State kgel Assistance (Category 11) adioachve esterialintended for regulations should be amended as soon

, bgel staff should be assigned to kree af uniformity. lf no serious as pracucable but no later than 3 years.

assist the RCP or procedures should

>erfirmance problems are found in an

• The RCP has established exist to obtain legal assistance

%reament State propam and if ite procedures for effecting appropriate expeditjously, kgel staff should be standards and program procedures are

ompet ble with toe NRC program, e amendments to State regulations in a knowledgeable regarding the RCP

'indmgaf adequacy and compatib!!ity is timely manner.normally within 3 years program, statutes and regulations.

h ddson Commmus made.

of adoption by NRC.

• Op ortunity should be provided for h"g,n(cal gq )

Program Elareant tagislation and the pub ic to comment on proposed

• TochtticalCommittees. Federal Regulations regulation changes (Required by Agencies, s'.d other tesource The'sfieetheness of any State UMTRCA for uranium mill regulation.)

organisations should be used to extend endieuon control program (RCP)is

• Pursuant to the terms of the staff capabihties for un! e or dependent upon the underlying authori:

Agreement eppertunity should be I'Ch"IC*UY ***P " P I

at:nted the RCP in State legislation. an provided for the NRC to comment on Ad amplemented in the State regulations.

draft changes in State regulations' broad guidaace on the uses ofrevide Co i t e s ou use to Regulations provide the foundation upon Program Element: Orsenhation 8'

Regulations also provide the standards ~

The effectiveness of any State RCP

',* [' '

u1d represent a w e ento ent ions made.

t end rules within which the regulated may be dependent upon ito location spectrum of me dical disciplines. Th 2 within the overall State organizational Committee should adsise the RCP on aust operate. Penodic tensions are e veture.The RCP should be in a pobey matten and reguladons related to a

sweessary to reflect changing position to compete effectively with use of radioisotopea in or on humans.

tech: legy. improved knowledge.

other health and safety programs for

• Proceduus should be developed to current recommendations by technical

-cdvisory groups, and consistency with budget er.d staff. Prog +am menagement avoid conflict of interest. even though NRC reguishons. Procedures for must have acesis to indMduals or Committees are advisory.71 tis does not previdmg input to the NRC on proposed groups which estabbsh health and mean that representstives of the changes to NRC regulations are asfety program pnenties.The RCP regulated community should not serve i

riecessary to assure consideration of the should be organized to achieve a high on advisory committees of not be used State's interests and requirements.The deg.ee of efficiencyin supervision, work ea consultants.

. pubhc and,in particuls'. affected functions, and communications.

Program Eternot Management and classes of licensees should be granted Indicato s andCu/delines Admialstratir-thew ity and time to comment on State RCP mensgement must be able eule changes.

Location of Radiation Control Program to meet program goals through strong.

Within State Organ!zation (Category H) dwet leadership at aH levels of Indicators and Guidelines

• TheRCP shouldbelocatedin a suyavision. AdministMtive procedures hgel Authertry (Category 1)

State organisation parallel with are messary to asture uniform and a Clear statutory authority should comparable bealth and safety programs.

appn.priate treatmentof altregulated cajat.designeting a State radiation The Program Directer should have parties. Procedures for receiving control agency and providing for access to appropriate levels of State tnformation on radiologicat incidents.

emergency response. and providing promulgetion of reputations. licensing.

management.

information to the pubhc are riece'sary.

s anspection and enforcement.

• Where regulatory responsibilities Procedures to provide feedback to

• States regulating uranium of are divided between State agencies.

supervision on status and activities of thorium recosery and associated wastes elest understandmss should exist as to the RCP are neces.ary. Adequate pursuant to the Uranium Mill Tallings division of responsibilities and facihties, equipment and support Radiation Control Act of1978 (UMTECA) must have statutes enacted requirements for coordmation,

Federal R:.gister / Vd. 52 No.107 / Thunday, June 4,1987 / Notices i

21136 I

services are needed for optimurn fees, etc. Supplemental funds may be should be available to larger (greater utilitation of personnel resources.

obtained through contracts, cash grants, tha n 300-4r.0 licenses) pr ograma. Similar j

services should be available to regional 1.aboratory support services should be etc.

offices,if utiuted.

administered by the RCP or be readily Laboratory Support (Category 11,.

• Professional staff should not be available through established

• The RCP should have laboratory used for fee collecuon and other clerical a dministrative procedures, support capability inhoun, or readily duties.

in order to meet program f,oals, a available through esta%shed Public Informatloo (Cais' gory 11)

State RCP must have adequate Procedurea,Io conduct biosa:aya.

budgetary support. The total RCP budget analyze environmutal synples, analyzea laspection and licensing files should must provide adequate funda for samples collected by Inspectors, etc. on be avellable to the public consistent salaries, travel costs associard with the a priority established by the RCP.

with State administrouve procedures. It compliance program. laboratory and is destrable. however, that there be survey instruinentation and othat Administrative Proceduas (Category U) provisions for protecting from public equipment, and other adinitdattative

• ne RCP should estab!!sh written disclosure proprietary information and costs.The program budget must reDect internal policy and administrative information of a c! ar personal natun.

annual changes in the number and precedures to assure that pngtsm

• Opportunity for public hearings complexity of applications and licenses, functions are carried out as sequired and should be providedin accordance with and the inenase in costa due to normal to provide a high degree pf miformity 1.TNfTECA and applicab&e State inflation.

and continuity in regulatory ;rectices, admbistrative procedure laws.

Indicaton and Guidelines nen procedures should addasa Program Element: Feeseenet internal proce: sing of license Quality of Emergency PlannMg applicatim. inspection pcLciesT **

%e RCP must be staHed with a (Category 1)

m. n ng a cons

• aumcint num of esined penowl.

• ne State RCP should han a termination, fee collection, contacts with ne evaluation oflicense applications

. written plan for response to such commurtication media, conflict of. ( '

and the conduct of inepectiona require staff wtth hxfepth training and incidents as ssi's, overexposures, interest policies for ernployees, i

transportation accidents, fire or exchange-of.information and other experience in radiation protection and explosion. theft, etc.

functions required of the pressam.-

related subjects. The staff must be esp ns bil t es and ac i ns o be taken fdd tio to t flr afp're

' ' 9,"

• t bj as a""

^

as t p cri

,n d be utilized in licenstng, and inspection and a propriate quali to asaure protection

[n '*

Y o the pubbe heap and safety.Penodic p

g,

" reemmL

,p, e,,

n training of exfsting stan la necasaary to i trutiating response actierts, conductng Management (Category D),

operations and cleanup.

• #I

'"L proc r s shou d uat I rece r

e m

staff fe estabbshed with appropriate lo[al.

on the status of regulatory actions ed qua county and State agencies. Plans should (backlogs, problem cases. foquires, gyp,n.f slon in all aspects of a State be distnbuted to appropnate persons regulation revisions).

" * * * * " gE##8 * "

and agencies. NRC should be previded

• RCP rnanagement should Indicolors cod Guidehnes r

the opportusity 1o comment on the Plan periodically assesa worlJo+d trenda, while in drafi fo~n.

resources and changes in legislative and QMfim of Te-hl StaN

• The plan should be reviewed regulatory responsibdities to forecast ICs 8 annually by Program staff for adequacy needs forincreased staff equipment.

• Profesalonal staD abould have and to dete-mine that content is current.

service and fundmas.

bachelor's degree og equivalect tmicing Peno6e dnlls should be performt to

• Progtsm management should in the physical and/or bfe sciens.

perforro pened c reviews of selected Ad&taonal trsming and esperienu in j

test the plan.

license cases hooded by each revlewer radjation protecuen for seruor personnel Budget (Category 11) and document the tesu!ts. Complex inchi:g ti:e dancscr of the re&suoc

• Ope ating funds should be sufficient 1; censes (maior teamufacturers, Large to support program needs such as staff seepe. Type A Brosi potentia) for protectan pregam should be cornmensarats with the type oflicenses travel cecenary to the coeduct of an significant refesses to envitertinent) issued and inspected by the Stata.

ef fcetiv e cor9phance program. Lnclu6ng should receive second party eview

• Wntten job descriptions shnu]d be I

routine inspections, followup or special

( supen.is ory. commit tee, cons ultant).

prepared so that p ofessional I

inspections (includies pre-licensin8 Supenisory review of inspections, quahficatiens neWed to fdl vaconcies visits), and responses to incidents and reports and enforcement actions should can be readily identAfled.

other emergencies. instrumentation and also be performei otF-r equipment to support the RCP.

• When regional offices or other Staffirg 6d (Ca% UJ administrative costs in operstmg the governicent agecdes are utihred,

• Professional staffhsg level shnid be program includmg rental charges.

pregram management should conduct approxima'My 145 person year per 100

(

printing costs. liberatory services.

penodic au6ts of these offices.

Licenses in effect. RCP rnutt not have i

computer and/or word processing Ofhee Equipment and Suppori Senices less tha:: tw o prefessionals n ailable support, prepaiation of correspondence (Category ill with training and erperienee to opera'e of fice equipment, hearing costs. etc. as

• The RCP should have adequate FCP in a way which provides continuous coverage and centinutfy.

appropnate.

• Pnneipal operating funds should be secretanal and cleri:al support.

'e ior States regulatirg uranium cil!s from sources which provide continuity Autoanatic typing and Autumatic Data tailings, current in6 cations are that 2-and rehabihty, i e, general ta x. license Processing and retneval capabihty i

l.

21137 Fcderal Register / Vol. 52, No.107 / Thursday, June 4,1987 / Notices

' professional person. years' of effort, nuclear materials, facilities and memoranda c!nststent with current pding consultants, are needed to equipment, training and experience of NRC practice,

• Ucense applicants (including c:ss a new milllicense (including fri personnel, and operating procedures applicants for renewals) should be mills) or majer renewal, to meet appropriate for determining that the uitements of Uranium MillTailings applicant can operate safely and in furnisbed copies of applicable guides listi:n Csntrol Act of1978,This compliance with the regulations and and regulatory positions,

!!cen e conditions. An acceptsable

. The present compliance status of 3rt must include expertine in licensing program includes: pre paration licensees should be con:Idered in iological matters. hydrology, geology, and use of intemallicensing guides and licensing actions.

i structural engineering.8 policy memoranda to assure technical

• Under the NRC Fichange-of.

If Supervisor (Category 11) quality in the licensing program (when Information program, evaluation sheets.

SuperWory personnel should be appropriate, such as in small programs, sersvice licenses, and licenses equate is provide guidance and NRC Guides may be use d); prelicensing authorizing distribution to general iew the work of senior and [unior inspection of complex facilities; and the licensees should be submitted to NRC

sonnel, implementadon of ad=Inistrative on a timely basis.

' Senior personnel shodd review procedures to assure documentation and

• Standardlicense conditions

• • in enance of adequate files and comparable with current NRC standard hp bo'fok unfor g

license con &tions abould be used to ndy expedite and provide uniformity in the sinne!. and participate in the hdicotors andGuidelines sbhshment of policy

" I E# ##"'

• JuniIt personnel sh'ould be inttially Technical Quality ofilcansing Actions

• Files should be maintained in an uted to reviewing License applications (Cat'8 7 )

orderly fashion to allow fast accurate 1

d inspecting small programs under

• The RCP should assure that retrieval ofinfonnation and niaupervision.

essential elements of applications beve documentation of discussions and visits.

ainir3 (Calggory II) been submitted to the agency, and that Program Element: Compliance

• Senirr personnel should :aave these elements meet cwrent regulatory Periodicinspections oflicensed tendId NRC core courses !a licenstr4 guidance for desenbing the isotopes and operadons are essential to assure that ientalitn. inspection proci dures, quantities to be used, qualifications of activides are being conducted in edical practices and indus':ial persons who will use esterial, facilides compliance with regulatory diography praclices. (For rei!! Stsies, and equipment, and operating and requirements and consistent with good ill training should also be included.)

emergency procedures sufficient to safety practices.The frequency of

• The RCP should have a program to estabbsh the basis for licens!nt, actions, ilize specific short courses and

• Prelicensing visits shodd be made inspecuens depends on the amount and the kind cf material, the type of orkshops to maintain appropriate level for complex and majet licensing sedons. operation licensed. and the results of

staff technical co=petence in areas cf a Ucanus aboul,3 be clear, complete, pnvious inepections. The capability of sanging technokgy, and accurate as to isotopes, forms, maintaining and tetrieving statistical taff Contmuity (Category D) quantities, authorize uses, and data on the status of the compliance permissive or restrictive condidons.

t h

' n'

• Ctaff turnover should be etnimized

• The RCP should have procedures gtb i

y combinations of opportunities for for reviewing licenses prior to renew al

,hmY f Pt ehm of us cining, promotions, and competiuve to assure thet supporting informauon in "8 Sd des a alaries the file reflects the current scope of the pria l

e e Salarylevels should be adequate to ecruit and mtein persons of a{anespropriate licensed pro Tam.

m '* -s req nna corrective seilon, a

refessional qualineations. Se Adequacy of Product Evalautions suspension or revocation of Licenses, the t= pounding of materials, and the sould be comparable to simjlar (Category I) frPosing of civil or cnminal penalties.

• RCP evalautions of manufacture's ST P oryant a na et nould be such that staff turnover is or distnbutor's data en sealed source:

Indiccion end Guidelines ninimized and program continuity and devicee outlined in NRU. State or Status of Inspection Program (Cateson naintuned through opportunit;es for appropriate ANSI Guides.should be gI suHiment to seeure integrity and safety stom1 tion. Promotion opportunities

• State RCP should maintain an shruld exist from junior level to senior for users.

level or supervisory oositions. There

• The RCP should rniew inspection program adequate to assess cleo should be oppometity for periodic manufactunf s information in labels and licensee comphance with State sat:ry increases compat.ble with brochures nist;ng to radiaten bealth regulations and license con 6tions,

• The RCP should maintain statistics expen:nce and reeponsib.tity, and sa fery, a stay, and calibra Jon which are adequate to permit Program proceduns for adequacy.

Program Element: Ucenslag

• Approval decuments for ses,ed Management to essess the status of the It is necessary in b. censing byprodtact, source or device designs should be inspection prog-am on a periodic basis.

i Infermation showing the number of sourco.cnd special nuclear materials clear,comlete and secwate as to inspections conducted. the number that the State regulatory agency obtein (setopes, forms, qu antitles, u ses, overdue,thelength of time overdue and uformatiem about the proposed use of draeng identifiestiens, and permisolve the prierity categorie should be readily or restnctive con 6tiens.

as silable.

waa ui e.gou i. pma.e m e. cwm Ucensing Procedures (Category 11)

• Atleest serniannuallnspection b c*snu.i stew. os oc m o.umo m.a Y

• The RCP should have internal planning for number of inspections to be NIN.NNs Is",Nb licensing guides, checkhsts, and policy performed, assigriments to senior vs.

w o usea n nrst 1

Federal Register / Vd. 52. Ns.107 / Thursdny, June 4,1987 / Notices 21138

• State licensees and the NRC be conducting unannounced Insp:ctions.

lunior staff. assignments to regions.

notified of pertinent information about obtaining cornetive action, fo!!owlag ut c

Identification of special needs and any incident which could be relevant to and closing out previous violations, interviewing workers and observing periodic status reports.When backlogs other licensed operations (e.3, operations, assuring exit interviews with occur, the pro ram should develop and equipment failare,lmproper operation management, and lasuing appropriate implement a an to reduce the backlog.

The plan sho ld identify priorities for procedures).

• Information on incidents involving notification of violations of hulth and inspections and establish target dates failure of equipment should be provided safety problems.

• Procedurn should be established and milutones for assessing progress, to the agency respormble for evaluation for maintaining license es* compliance Inspction Frequencey (Category 1) of the deAce for an assessment of

• The RCP should establish an ponible generic design deficiency.

btorin.

• The RCP should have access to

. Oralbriefing of superdsors or the inspction priority system.The specific medical consultanta when needed to senior inspector should be performed frequency of inspections should be diagnose or treat radiation injuries.The~ upon return from nontoutine based upon the potential hazards of RCP should use other technical inspections.

licensed operations, e 3 major consultants for spelal problems when

• For S:stes with separate licenalns processors, and industrial radiogra phers and Wpecton staHe procedures abodd should be inspected approsi.mately needed.

s ac M rmanon Enfmm recedun's (Catesq U pr or may be ected I s

• Enforcement Procedures should be frequently.The minimum insection sufficient to provide a substantial inspection Reporta (Category 10 frequency including for initial deternnt to beensu norgeompliance

', Findings ofinspections should be inspections should be no less than the mmtary pnaNo an. documented in a report descr latory requirements. Provisions with te NRC system.

I' Inspectors' Performance and Capabilit'y

"*'$,$,'m[e, nt Procedans should be.

Hems of noncomplianca and bealth and safety matters, describing the scope of (Category 1)

• Inspectors should be competent to inued within 30 days following

'P an nu}gra evelaute health and safety problems and inspretion and should employ-e.

b to determine compliance with State appropriate regulatory language clearly management and lloenin's response, specifying allitems of noncompliance

• Reporta should uniformly and.

regulations. Inspectors must and health and safety matters identified 9

'C"" '

understanding of regulations, inspection' during the inspction and nfanneing E,"*y[

demonstrate to superdslon an di o

the appropriate regulation or bcense mummnw statua d pnWous guides, and policies prior to condition being Molated.

"*"*'*P '^** and identify anas of the II independently conductina inspections.

• Enforcementletters should specify hemsn 8 program which should receive -

• The compliance supervisor (may be RCP manager) should conduct annual the time priod for the heensee to special attmuon at de nut inspection.

field evaluations of each inspector to res[and indicating corrective actions Reports should show the status of assess prformance and assure an setions taken to prevent re-previous noncompliance and the results ipplication of appropriate and occurrence (normally 20-30 days).The of confirmatory measuremente made by consistent policies and guides, inspector and compbance supervisor 6e inspector.,

should review licensee responus.

Response to Actual and Alleged

• Ucuso nsponus to ufemmt. Confirmatwy Measunmets (Categg leiWrs should be promptly DJ.

Incidents (Category IJ o

• Inquiries should be promptly made acknowledged as to adequacy and a Confirma ory Measunmenta should to evaluate the need for onsite resolution of previously unruolved be sufficient la number and type to.

investigations.

Items ene 6e beenads control M

• Onsite investigations should be

• Written procedures should exist for materials and to validate the licensee,e prompt!y made ofincidents requiring handling escalated enforcement cases of m n e m m ts.

reportmg to the Agency inless that 30 varying degrees,

• RCP instrume.tation should be

• Impound;.ng of material should be in adequate tw smying hecu days. (10 CFR 20 W types.)

accordance with State ad.ministretrve cperations (e g. survey meters, air

• For those incidents not requiring procedures.

samples, lab countmg equipment for reporting to the Agency inless than 30

• Opportuntry for bearings should be smears. identification of isotopes, etc).

days,investiptions should be made provided to assure (=partiag

• RCPinstrumentation shouldinclude during the next scheduled inspection.

administration of the todistion' control the followmg typeu GM Survey Meter,

• Onsite investigations should be promptly made of non reportable program.

0-50 mr/hn ton Chamber Survey Meter, incidents which may be of sifgnificant inspection Proceduren (Category 10 newral r/hn micro.R Sun'ey meten Neutron Survey Meter. Fast and pubhc interest and concern, e 3.,

• Lnspection guides conalstent with The-nal: Alpha Survey Meter.0-transportation accidents.

current NRC guidance, shou'.d be used 1000.000 c/tru Air Samples. Hi and to

• Investigations shouldinclude indepth reviews of circumstances and by inspectors to assure uniform and Volume; lab Counters. Detect 0.001 uc/

should be completed on a high priority complete inspection practices and wipe Velometers: Smoke Tubes; Lapel basis. When appropriate, investigations provide technical guJdance in the Air samplers.

should include reenactments and time-inspection of licensed programs. NRC

• Instrument calibration services er study measurements (normally within a Guides may be used if preperly facihties should be readily avai:able and few days). Inve:'iption (or inspection) supp!emented by pobey memoranda, appropriate for instruinentation used.

a gency interpretstwns, e tc.

Ucensee equipment and faciht;es should results should be documented and

• Written inspection pohcies should enforcement action taken when be issued to establish a policy for not be used unless under a senice apprepnate.

21130 Federal Register / Vol. 52. No.107 / Thunday. June 4.1937 / Notices tact.E:c3ptions for other State ncies 9 3, a Stoic Unisetsity, may nada.

Agency Inst:vments used fot veys and confirmatcry meesurements uld be caliberated within the same e Intervcl as required of the licensee ng lespected.

(ted elWasMeston,DC this tr day of y 1947.

er the Netteer Regutatory Com,missics suell.Chuk, seLarycf ahe Comtnisslon.

Doc 47 1.3636 Ned 64 4?A4 Sara) no soot pose.ew

\\

l

/ "'*g UNITED STATES I.,,1o f',-

1 NUCLEAR REGULATORY COMMISSION 4

WASHINGTON, D. C. 20555 OFF C F THE SECRETARY NOTE FOR:

Document Control Desk FROM:

Correspond rds Branch The enclosed document (s) are to be entered into the DCS.

An advanced has been sont to the Public Document Room.

PLEASE INDEX INDIVIDUALLY.

I h

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