Text

Notice of Pending NRC Action to Submit Info Collection Request to OMB & Solicitation of Public Comment Re Policy Statement on Criteria for Guidance of States & NRC in Discontinuance of NRC Authority & Assumption by States
	ML20203G199
Person / Time
Issue date:	12/05/1997
From:	Shelton B; NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
To:	;
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ML20203G162	List: ML20203G159; ML20203G199;
References
	NUDOCS 9712180076
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[7590-01 PJ U.S. NUCLEAR REGULATORY COMMISSION I

Documents Containing Reporting or Recordkeeping Requirements: Notice of Pending Submittal to the Office of Management and Budget (OMB) for Review.

AGENCY:

U.S. Nuclear Regulatory Commission (NRC)

ACTION:

Notice of pending NRC action to submit an information collection request to OMB and solicitation of public comment.

SUMMARY

The NRC is preparing a submittal to OMB for review of continued approval of information collection under the provisions of the Paperwork Reduction Act of l

1995 (44 U.S.C. Chapter 35).

Information periaining to the requirement to be submitted:

1.

The title of the information collection: Policy Statement on " Criteria for Guldance of States and NRC in Discontinuarice of NRC Regulatory Authority and Assumption Thereof By States Through Agreement," Maintenance of Existing Agreement State Programs, Requests for Infennation Through the Integrated Materials Performance Evaluation Program (IMPEP) Questionnaire, and Agreement State Participation in

IMPEP, L

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Current OMB approval number: 3150-0183 3.

How often the collection is required: Four activities occur under this collection: annual requirements for Agreement States to maintain their programs; IMPEP teviews conducted no less frequently than every four years; participation by Agreement States in the IMPEP reviews; and, as needed, for States interested in becoming Agreement States.

4.

Who is required or asked to report: Any State receiving Agreement State status by s(n:ng Section 274b. agreements with NRC. Presently there are 30 Agreement States.

Any State interested in becoming an Agreement State.

5.

The number of annual respondents: 30 existing Agreement States: Approximately eight of these States are asked to respond annually, For States interested in becoming an Agreement State, one every three years.

6.

The number of hours needed annually to complete the requirement or request: For maintenance of existing Agreement State puqrams and the IMPEP questionnaire:

21g,600 hours0.00694 days 0.167 hours 9.920635e-4 weeks 2.283e-4 months (an average of 7,320 hours0.0037 days 0.0889 hours 5.291005e-4 weeks 1.2176e-4 months per State). For 8 IMPEP team reviews: 288 hours0.00333 days 0.08 hours 4.761905e-4 weeks 1.09584e-4 months (an average of 36 hours4.166667e-4 days 0.01 hours 5.952381e-5 weeks 1.3698e-5 months per review). For a State interested in becoming an Agreement State, approximately 3,600 hours0.00694 days 0.167 hours 9.920635e-4 weeks 2.283e-4 months . The total number of hours annually is

' 223,848 hours0.00981 days 0.236 hours 0.0014 weeks 3.22664e-4 months .

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Abstract: States wishing to become an Agreement State are requested to provide certain information to the NRC as specified by the Commission's Policy Statement,

' Criteria for Guidance of States and NRC in Discontinuance of NRC Regulatory Authority and Assumption Thereof By States Through Agreement." Agreement States need to ensure that the Radiation Control Program under the Agreement remains adequate and compatible with the requirements of Section 274 of the Atomic Energy A :t and must maintain certain information. NRC conducts periodic evaluations through IMPEP to ensure that these programs are compatible with the NRC's, meet the applicable parts of Section 274 of the Atomic Energy Act, and are adequate to protect public heath and safety.

Submit, by (insert date 60 days after publication in the Eederal Register), comments that address the following questions:

1.

Is the proposed collection of information necessary for the NRC to proporly perform its functions? Does the information have practical utility?

2.

Is the burden estimate accurate?

3.

Is there a way to enhance the quality, utility, and clarity of the information to be collected?

i 4

i 4.

How can the burden of the information collection be minimized, l

including the use of automated collection techniques or other forms of information technology?

A copy of the draft supporting statement may be viewed free of charge at the NRC

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Public Document Room, 2120 L Street, NW (lower level), Washington, D.C. OMB clearance requests are available at the NRC worldwide web site (http://www.ntc. gov) under the FedWorld collection link on the home page tool bar. The document will be I

l available on the NRC home page site for 60 days after the signature date of this notice.

Comments and questions about the information collection requirements may be directed i

to the NRC Clearance Officer, Brenda Jo. Shelton, U.S. Nuclear Regulatory Commission, T-6 F33, Washington, D.C.,20555-0001, or by telephone at i

301-415 7233, or by Internet electronic mail at BJS1@NRC. GOV, J/

Dated at Rockville, Maryland, this 6g day of ^v'. c -.,I r 1997.

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For the Nuclear Regulatory Commission.

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RULES and REGULATl2NS Trns w. cesArTsa t. cos>< sw rioew neoWLATIONS-sng 4SV y:nnussamans=mmasugar k

COMMISSION NOTICES POLICY STATEMENTS AGREEMENT STATES as PR tese Pub.l. $$-373 which wH enactr in the would be compellble with that of the P*lmed t/ tate 1 form of a new secuen to the At% ale NRC.The criteria were circuleled B H a u w 1/st'et Energy Act (Secuen 174) end approng smorg Stato. Tederal esencies. lsber Amended by Pt subimed 7/ts/sg by the Pruldent en Serrtember 88.1363 and Industry, and other Interested tat F M asteel and 7/21/e3 las en and arnended by Pub. L ($.004

$f0Vpe lot comment.

33378) opproved November 8.ters.nue

4. De criterie tequtre that the $'ete criterte are intended to indlute factore authoJy censido the total accumuloud Criterne for Outgenee of States eng which the Commlulon inunds to occupationalradiation espesure of 88ACinDiesenunpenee of NRC conaldula appmmg new or amuded indMdualsJo facWuu neh an A*puletery Authority and Anaumption agreements.They are not intended to appeech.Itle the view of the NRC thet _

Thereof by States Through Aprooment limit Commlesion disention in viewing an os erell rediedon protection program individual egnemente or amendmente.

le destreble.De maximum ecope of A4swev:U.S. Nuclear Regulatory in ascordance with these etetutory esch Siste's todiation protection Commlulaa provisione, when en agreement betwun proprem ia not however, e necessary or Acteeee Statement s,f polley.

e Stote and the NRC le effected.the opptcpriato subject for ocierage.in the Comminion wul disconunge lu crania. Conuqun0y.b criada em suesesaart The Nuclear Regulatory en, no o, mo,e Jt within that State ellent on the quntion of whether a State regulatory authori Com, alulen h,as re, vise,e,its sta,t,ement o,f.

d b fonowas shouid heve a iotai re,21eio,y,rog,as to d

in discon uance of '

meterials: byproduct meterial H defined covering all sourus of tadleton, a suuanneD(of b Act bddng has not subjecHo cetrol by f

oc e,uia (radioteoto a), yproduct meterial se the NRC under the Atomic Er.ergy Act assuseptfee of re eo su ority b d*fl"'d I" 4

sieIw through "fement nie nuo!to d' "" * *** I ' ' " ' '8-

'"'"13'91'I b ^*'

"'.h " "'Y' d critada provide for e or westes). source material (*!!!

! Due revise taul g

(ura um and thorium),specialnuclear

, i 1*g htc. an agreement for e a to the eta er L metniel(uranlum 133 utenlum 235 and parato category of meteriala.namely, States to enter into ements for low.

N" "I"I I" 9""800" "N '"E**"I N

"' " E"""""I level wsole oal

an inco$ tothe form a critical rom and pumenent dispos al fac!!stles. They also previde d

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brasduse$TED e$1 tionControl disposal oflow. lent westa conutning new criterie for Statu wishing to one or more of the materiale eten d continue regulating utenfum and thorium Act of19736 AdopUon of this polley w(U above but not kluding mul tallings, processing and b wutes resulti.3 a3ew latmeted States to enter lato ole with the NRC and gal L An egnement may be effected thustrom under b prodstons of the al weste altu only. Ad$done betwun a Stak and MO 0)upon Wenim meninge Robdon Control lo those States that meet the criteria for eartificadon by the Govemot that b Act of 1s?g (Pub. l. e5-404) after the sepuleuon of uranlure mule and Stak has a program for the control of November 3. test.ne revised critede redlettoa basards adequate to protect also conteln a nurober of editorial taulage ano esercin reguletNprovidedthe public beelth and ufety with rupect changes such as changing AEC to NRC auth o er bee sources whm apptgriek to ounform to presut to the materie's within b State conred by the um Mil!Teutnge Redietion u shuMaus eMe med et tfo e'nt7 e d a to e or q

reflecu kae foDo rincip 1 e$"8"'-

F"Ponalbility for such materiale:yand (2) entnia or obt espects of the NRC L Modiftrados twien 27 to after a finding by the Commluton bt Fednal. State Relations Program should allt w a Steu to mk en a essent fo, the State program la in accordance with be eddroend to b Offlee of 8 tate the regulation oflow levefwesie as a the requirements of subsection o of Programe. U.S. Nuclear R atory separete category.

eacton 274 and in all other respects Comm!nlodethington A 30668.

L laclueton of additional criteria for compeuble with b Commlulon's Crttadas Statw wuh.'ng to continue regulating program for the reguleuen of such Objecuves urarduse and thorturn procesoors and materials, and is adequate to protect the a tu tallings after Noumber 4.13tt.

public beslth and safety with reyect to

1. Protect /en. A State regu! story

3. EdJtortal and clarifying changes to the matulate coyn;d by the preposed pro 6 ram shad be dealsned to protect the anske the statement current, agreement it le also neesnary that the health end safetv of the people agetast Dates: Die policy statement le effective State have enab!!ng legisleUon redsadon hazarde.

January 33.13st authorishg its Contncer to enter Into Jfodiodon protecuan Sanded, e such an egmmnL Poe Puertwen tieeoandatsoas coartact 3.no original criterie were published lohn F. Kendig. Omco of State Programe' on March 24.1pel 46 FR 2537) aher

'ne emeria were fini ederas a retaart wt t

1.8. Nuclear Re Nuhington,D buletory Commission.. 30531. telephone: 301 f

discuestons with verloue Stote offic!als Q8gg8g " g sge g h 4a3-r737, and other State repruantatives, to n.., g mi,,,,,,,,,,,,, g,,,,,, a provide galdance and ustetance to the 7maieewmaadeorsvuuim shan in NckP.

nni n e a.r er as uA penimni er theweertasy twoonasatioic 5:atoe end the AEC (now NRC)in 1.Deee crikrie were dmloped to developing a regulstory program which

=G wo s.s. w a ns.n s.= n,essiam

's sen= aw newei.= us t

.4 implemeat a program, authorised by ATTACIMENT 1 PS AG 1 September 29,1995

e P2WCY STATEMENTS t

2. $senaleide.ne State regulatoeY sad snentiwt eyeseen) shallbe in authority shallbe authorind in regram shaU edopt a set of standarde ecoordance with 10 CPR 30 indMdual caus to impou additional por protection against re&etion. which ne weste disposel standerde shah requiremetta to protect health and j

6h*U spply to byproduct. sourte and include a weste clonification oc.home safety, or to grant necessary pemptione i

special nuclear meteriale in quanttues and provielene for wute form, which will not jeopardise bulth and but aufDcient to form a crtuce! sess.

apphceble to weste generetors. that le esfety.

3. Un/ form /tyIn Aod;ouca Standards.

equivalent to theI centeIned la 10 Cllt Pr/pr Eroluollon of Uses of Aadloocthe It is i sportant to atrh e for uniformity la part 91.

Matsr/als (b land dispon1 of wute receind frere)other persone.no Stote shall 13.Pflorfm/uollan of#aaarde end technical defialuona and tenninology.

part cularly se related to such things he uNts f.f a.casu'ement oc$ redjetion Promulpete repletone contelning Uses. Except/ons. In the prwent state of dose.There shad be uniforndry on ucensing requiremente for land dispout knowledge,it le necessary in reguleting enettmum permintble doses and levels of red 60ective weete receind from other the possession and un of byproduct, of redieuon and concentrations of persons which en compeuble with the source and special nuclear meterials radiostuvity, es fixed by part 20 of the appiloeble technical deftaluone, that the State regulatory authority NRC reguleuens bued on effieleUy perfoemenee objectives, technical require the subminion ofinformstien oro and evaluation of, the potential ap roved rad.auen protector: guides.

r, qui.emente end applicable supporting herards and the capabluty of the per or

^

. TotalOccupohono/Ro&otion sections set forth in 10 CFR pari et' nderponnsor grior to his receipt of the l

Kaposure. The regulatory et.thority shall Adequate financial errensmonte (u snakriale, is crikdon is subset to 4

consider the total occupadonal red!eLion terme estab!!shed by regulation) sheU be certain excepuona and to continuing i

esposun ofindkiduals includirg that required of each wete dispoul alte from sources which are tiot regulated by IIceMee to encore sufficient funds for reappreisel as knowledge and it, decontaminadon cloeun and experience in the almic enngy held 8.Kurveys. Mon /toring. Appropriate etabiliseUon of a disposal ef te.In incrun, rnquendy then an. and survere end personnel monitorir's under addition, Agrement State fin.ncial increasingly in the future U,ere may be, the close supervision of techalceuy arrangemente for long term monitoring categories of meterials and uses as to whichthereis sufLclent knowledge to compe4nt people are enenualls and maintenance of a specific el e must echieving todiological protection and be e, viewed and opproved by the permit possession and use without prior sheU be made in determining CommInion prior to relieving the ofte evaluauon of the hazards and the comphence with safety regulattras.

OPeretor oflicennd neponelbtlity capah!!f ty of the ponessor and user, S. labels. Sisas. Symbols. liis (secues181(a)(2) Pub.l.97 4281 These categories feu into Iwo groups-those meterials aid uses which may be.

desirable to achieve unifortrJty in cempletely exempt from regulatory labels, alpne and symbols, and the centrols, and those materials er.d uses posting thereof. However. it is entritlat in which sanctiotas for misuse are that there be uniformtry in labels, signs, maintained without pre evaluaden of Cnd symbole affa d to radioecdve the individual possession or use. In products mhich et, uansfernd from 1E Astulot/ons Coverning SA/pment authorizing research and development i

person Io pmon.

y.instNction. Persons working in or of Aodioactive Alaterials. The State or othtt actMtits involvLng multnple inquenting restricted areas ' shou be sheU to the extent ofits jurisdiction uses of radioactive meterials where an instructed Mth respect to the health Promulgate uplatons applicable to the institution has people with extensive riske associated with asposure to shipment of radioactive snaterials, such trainir'J and eapetsence, the Slate radioecuve materials and in precautions nplaUons to be compauble with those regulatory authority may wish to 10 adalmiae exposure. Workers shay established by the U.S. Department of provide a means for authorizing breed have the right to nqunt regulatory Transportauon and other esencies of the use of materlats without evaluating vech authority inspect!cos as per 10 Cf1L tt, United States whon furisdicUon over spec $c use.

section it.18 and to be represented interstate shipment of such materials 14 Evoluotion Criter/o. In evaluating duringinspections as spectfled in necessarcy continues. State regulations a proposal to use todioactive materials.

section 10.14 of 10 CIll19.

ngarding transportation of radioactive the regulatory authority shall determine 8.Stomse.uoensed radioacuve mourials must be compatible with 10 the adequacy of the applicant's facihtles anatorialin storage theU be secured Cf1tpartF1.

and safety equipment, his training and against unauthorised removat

11. Accords cad Aeports. The State expenence in the use of the materials l8 tory program sSall require that for the purpose requnted, and his nfdets and users of radioscuve proposed administrouve controls. States

8. Radioective Wute Dispoul bo rde l'oUtl e makrials (e) mainte a records covering should denlop guldence documents for "8.

Th n

radioscuve meteriale into$e alt, water p

el abad uposurn.ra&auon use by license opphcants. this guidance surnys, and disposelo of materials:(b) should be consistent Mth NFCIJcensing end sewer, and surielin the soll shall t,e kee[8 2*lerielt: records of the receipt and transfer and repletory pides for various in accordance with to Cf1t port sa OI Ic)nporI alsnificant categories of b.cented actMtia2.

Holdm of tod'oecove meterial desiring incidents involving the meterials, u

18. Human Use. The use of radiorcuve to releen or dispon of quantidos or 7tescribed by the replatory authority; materiale and todieuon on or la bumans concentretiene of radioactin meteriale

. d) make evettable upon request of a drU not be permitted eacept by in encsH of prescribed limits shall be en mployn a nport or the p*% < dah!!ed persons (normally required to obtain special poimiulon from the appropriate regulate y mpku) expnun 2 re&auende) at caud ysicians) posussing cunhority, request of an employee advin the prescrib minimurn, experience in the R*quiremente for transfer of wule for employee of his or her annual radiation use of radiolsotopes or radiatierk the purpose of ultimate dispoul at a exposure: and ff) Inform nch employee f3,p,ggf,,

land dispoul facility (weste transfe, in writing when the employee hoe Possession and use r ?CY.%

16 PurPo**.INQUe recefved red >ation expoeure in encese of radioactive

'%eemed mr me up em.... to the prescribed hmits.

Wea se eenvet;ea t. use been.. e we per e 1L Additiono/Reguinments and materials sha!! be subject to inspecuen

.NNe'eI"ufuNS

'Ie'.E4" famplions. Consistent with the overaH by the reguf atory authority and sbau be Y

criterie here enumerated and to subject io the performance of testa. se am eken nilnsa.a. ur..e c

.et secommodate special caus or requind by the ngulatory authority, enam eme e u, wie ews n e

m'aeabe%We aws be ut epart es e ree ceied circumstances, the State regulatory intrection and tesung is conducted to deterrt.ine, and to assist to obtaining.

Septemiset 29,1996 PS-AG 2

POUCY STATEMENTS semplianos with regulatory of eeslee6en andlaepection of allof the Sperio/ Nuclear Afster/ct. Source

(-

mentesamente.

verloos sees of byproduct, source and Moseriolond Tr/r/um fregener of inspection shall be special avelut meterial which might gg,co3gjgj,3,Appffco3/,j,sp,cief estated diesesly to the enount and kAnd come to the resulatory body should have Nuclear AfoterioL Source Afsteriolond of mensstal and type sloperaties substantial tralning and extenelee Tr/uurn. Nothirig la the State's hesaaed, andit shall be adegeene le emperlence la the field of todieLion te!u! story progrun shellinterfere with inun semplianos, protection.lt le desirable that such a th duues impcsed on the holder of the

17. inspesuone Compulsory.1Joenswe person have e bechelor's degree or meterials by the NRC. for example, the shall be under obligation by law to equh slent in the phyolcal or life duty io reprt ta the NRC.on NRC preside eccess to inspectore-sciences, and specific tralning-tedietion prescribed forros (1) tranclers of special 6

13.Notificeuon of Asas/f8 of protection-nuclear material, source material and

/nspection. IJceenn are eeuded to be

!!le recognhed tbat there will also be tritium, and 3 periodic inventohe. data.fened.

odrised of the results ofinspecuena and pereorit in the program performing a

12. 5pec/o 'uclect Af0fer/ol to notice ea to m bether or not they are in more lim!ted funption in evaluation and

$pecial riuclear materlal in quanuties comphanos.

Inspectiott Wese persons wi!! perform not sufficlect to form a critical mess. for Kaforcement the day.to-day work of the regulatory present purposes means utenium

19. Enforcement ponnsion and use proprem and deelwith both routine enriched in the isotope W235 in ettestions as weU es some which wiU be qantities no' exceeding 350 grams of ElradioactJve materiale should be out of the ordinary.%ue persons contained W235. tranium 133 in amenabh to enforcement through legal dodd hve a bachelor's degree or quant!Ues not exceeding 200 grams:

t sancuono, and the res letory authority equlvelent in the physical or life plutentum in quantitles not exceeding Aall be equipped or suisted by law he WMyeles, and 200 g*ams: or any combinetton of them with the necnury powers for prompt approximsuly two years of actual work in accordance with the followin$

enforument his may include. se esperienu in the field of radieuen forinula: For eoch kin.1 of specla sppropriate, edrainistrative remedies protection, nucleer material, determine the ratio looking toward issuance of ordere De foregelt. are corsidered between the quantity of that special requitsng affumeuve action or desirable qualibcations for the stafr +ho nuclest material and the quantity suspension or revocation of the r4gI to will be responsible for the actual specified above for the same kind of pouns and ne materials. and the erformance of evaluation and special nucJest meterlat %e surn of impoundingof meterials,the obtaining fns ecuen.In addition, there will such tatios for all of the kinds of special of injunctive telief, and the imposing og pro ably be trainees associated with the nuclear material in combination should chu or criminal penslues, uguhtwy program wh w0l han.or, nct esceed "1"(i.e unity). For example.

Personnel academic bec) ground in the physical or the following quanutles in combination

20. Quohficolions e/Regulofory and III' 8CI"CH 88 "'U H '8' Uni'"'8"I' would not encui the limitation and are of specific tr61 in todieUon within the formula, as foUows:

Inspection Personnel. %e regulatory protection butlitt e or no actual wo agency shall be stafled with sufficient f

treined personnel. prior evaluation of experience in thie field %e teckground 175 (grams enntained U.235) e applicatione for licenns or and specific tralning of these persona authortsstions and inspection of wullndicate to sorre extent their J50 leunsus must be conducted by persons potentlei role in the regulatory program.

pounsing the training and esprience

%ese traloen, of course could be und

$O (graos U.233), $0 (grams Pv),g niennt to the type and level of inluelly to enIvete and inspect those 200 200

,edioecey in u,,o,osed use io be arriic iiaa art dia cilv = ieri i-

'h a der evaluated at d inspected.%Is ;equires n,s)p fThis definttien is e ect to change by d

n alrYd ole a[

standpoint for example. inspution o[

uture Commission e et regu!stion.)

oe (noclated with a many uses of industrialgauyn, small rueerch Mministrerlon-r:dioactive meterial and includes programs, an a diagnosue med. cal r15.nte prnticea for assuring the fair concentretions of radioactive meterials programs. As th ein experience and and impartial administr:Uon of in eir and water, conditions of shielding.

y'"hp""

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regulatory law. Including provision for the making of radiaUon measuremente.

more com}es or dif cult types of public participation where appropriate, should be incorporated in procedures knowledge of tedietion instruments-ediosetive material applications. It le I'"

thelt selection. wee and calibretio" desirable that such trainees have a

"""I* U'" '""'" 'I "#"I laborstory dn!gn, contamination tu or equinient in the I

buhdor's defe sciencu and specific physical or li

'fAFFrorin8 or durin8 8pPlicadone

N' control other general principles and proctices of radle Lion protection, and training in radieuon protection. In I r linnses or authorisaton to possess tse of management controls in esauring

- determining the to utrement for

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adheter.ce to safety procedures.In order academic tralning f individuals in su of

"".'T.1f t:g disciplinary acusas agalnat is enluate some complex cases, the the foregoing categwin propu g"""'

c State regulatory ete!!may nnd to be considereuon should be sinn to s pplemented by consultants or other.

equivalent competency which has boa Arroisernents TotDiscontinuing MC State agencies with expertise in geology, gained by appropriate technical and furisdection d7 sci 1

" '* Yc "In 5ah h*,'*g#(* hey Desgnotion. De e

It1e r tt 1 c qr)a will hm au unifn' -

To perform N functions lavolnd in m

d

, ete.riale and their une are u neie itxcg g = a",a,dd W gtne

.e,ovann.w ins,nuo,oiis desi,ebie et e e,elueuon sa in,, noon.

ei e,e be rmonoa educaied and -

uocoone win, equi,e suiu, mod ts, trained to the physical and/or life experience la the different dise.jplines sciences. locluding biology. chemletry.

which will not always reside in one authoritbThphe [r suk u b uld osalnst physics and t ogineering, and that the person.De reguhtory authority should beensing by State and local autho:itin' personnelbeve bad trotning and hm the composite of such stills either and it may be dultable that there be s

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expuleoce la rediation protection. For in its emple'y or at its conunend. not sinsle or central rh4/ censes andulatory authortry emaaple, the penon who wn!be only for routine functions, but also for 25 Lis.'/4 M respomelble b actualperformance emergency cases.

Perdir's Applications. In eflectina the ps. A0 3 September 41995

~

I POUCY STATEMINTS diaertinwn= of teleasuse, e%14 he made fwthe metameuen w eeer bondedusvity bee appropriate attengement will be made reseme of Stew besasse been pwfwmed, funds tw the pepen by NRC pd d. Ste's to easwo that beinenis eennestemwith we ad b be heefwed k 6e FWwd there willbe neinterferones wie er set.sf.

operouses by.

Government.De funde esbested by to laterrupties of Hoensed estMees er the tiene er geenees.

State shaE be eufholent W eneum presseetne of heense appliesuena,b es.Mt Ahparweniel esoplianee wit the reguleuses the reason of the transfer.For esemple,y see Convoetwo.De state should Commtee6en wiebhebes pwomant to i

appreesh f.ileht be that the Siste. in enempueneist NRC and DOS Seeuen181X of the Atente Energy Ast enuming friedisuen sound seeegales sentreeters whleh are substandallF

d. In the lawnew of beenees, en ord sentinue in effect for en equivalent le the following esemptione!

spputunity fw wMiten assunent.

- erprepdate perled of time under 9 tete

e. prime sentreetere perterming work public heartas (with transenyt) and le w. emleting NRC lieeuse. including get the pog et UA Government owned erwe esamination le tobtred.

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licenote for which timer sseliesuene e,es i,ogieg alg a e, gn the gaueue, er e

3 for rer.ewelheve been filefemespt

b. prime mesmetere perforslag ver:titn dmmination of the oeuen le be j

where good seuse warrants t.he eArt!N meeer,ek la, er development.,,

du,in,.e. J.upon evidense prwented laen b i

p*eaammause.wiere=Ue of o ma u,etu,e. st,,e,. tesun,.

,, ue somm,,t e,ted ad

"iew,n, nue,si

-p-aua.e,3* *a- "

- ?*,,*,.e*)* * ***',ad~ a i

d

""Ql,enewm plag w epmung

'funafmensenseussenWm Geirrwent eat 04Aersietes. mee cheuld be en intercheese of Federal and nuclear reactere er other nuclear -

o emnes n __

Stateinformeuen and sulatenee in deWm in a U.S. Gewwnsent owned en emessen es, _

tennertion with se inuense of vehicle or vweek ang

3. An opportunity shou be provided i

Iw public perusipatim though WHHee teguistione sadlicenne er

d. Any other prime sentreetet er

~ r" low of r*public heartage, and judistal eutherlestiene,inspecuen oflicensees' subcontreeter of DOE er NRC when the

sommeste, Iso-

. reperung s,fincidente and vietettow'.

Bute and the NRC)elati determine (i) that, under th.e terme of Es sentreet er

30. In the enactment of any supperdag and training and educeuen problems enenM m h a ww legislausa, the State should take late 37.Cererste. Astadmenas,

/ter/ pres /fp An agrwnt pmv! ding for esewanes that the work rounder ens aseount the swerveuene of authority to diesentinuanee of NRC regulatory be swomphahed without undw rkk to the U.S. la UnffRCA as stated in le CPR sotherity and the soeumpuen of the pelle health and safety and (U) thol 18 ease and summarised by the

)

rpele W any me or men of theetwy autherty by the State meF to esempuen of such sentractor se feuewiegt m

subtentracter is autherleed by lew.

a.no establiebneet of alaimum foDowing astegories of materials wtthis staaderde Severnia6 reelemallen, the State, as oestemeleted by public Additional Criterte for Statee Regulating term survenlanes er emaistenense, l

Law to afs and pubbe Law 6Moei Ursalum er Thorium presseeers and evne,ehlp of the byprodust malarial i

s. 3)predest materiale as deAned is Westee Resulting Therefrem After b.m determineuse that seter to the soeusa11 ell)of the Act, November 4.1885 krainauen of a license, thelleensos hae l

b. Byproduct meteriale se de&ned is Suivhe semplied with decentaminaties.

)

tesuaalle(8)bf the Act.

denomadeelening and reelaar.Ues

s. Seures materiale.

3g. State statutes er duly promulgated standards, and ownership requiremente l

d. Speelal sucJear meteriale la regulauene abound be ensoud.lf not for sites at wh!ch bypresuet materialle quanuties not sufBelent to form a alreed la plees,to make clear State

,,,,,,g, estuaal mesa, auth to carry out the requiremente

' s m mquirompt est prior h

e. Law level westes in permanent er publi law eMot. Uranium MID krinhdes d any hwnee fw bypredet die 1 feelliues se deflud by atetute Tallings Radiagon Centrol Act meterial se deAmed la Seeses 11s.(t), of sales rulee er regulations (UMMCA)as fouewer the Atosde Energy Aet er for er econalains ese er more of the materials

a. Authority to regulate the tauinge er acuvity that resulte in the en of stated in a, c. and d above but act westee produced by the e traction et -

such material UUe la su including byproduct material as deltaed consentration of urenlum er thorium meterial and the disposal elle he In Sessee Ste(s)of ths Aeg trem any ero pressesed primaruy for lie tremferred to the Federal Government but sauet relate to the whole of such eeures material oestent er State et the opgen of the State, b.Det sa adequate surety (under setegory or esteseries and not to a pest krme establiebed by reguleuen) will be provided such ef the lleensa, den to exercised pr of any estegory.*1 flue than the eve to termineuen o estegories am included la any provided by the licensee to secure the d.m authority to require such diesentinuanes of jurledicusa, sempleuenof aumquimmente sooniter!ng maintenanos,and Cesentiseense of NRC regulatory esubliebed by the (cite appropriate emergency measures after the llosase le t

authertty and the assumpaan of State esency) for the decentaminauen*

wrrnineted u amuu k protut es I

tery authertry by the State of the deoeevalesiening. and reclameden of public beelth and safet for these l

c may be seeemplished oltes, structures, and equipment wed la materiale and property which the subseqwnur b eenjunction with the genmties er State has assumed cutedy pursuant to later,g y an amendment er by a dispeest of such byproduct material pub 1 D M 04.

N agreement may incorporate by

s. lfin the Stoke'lleenslag and e.De authority to paredt use of the refersnee provtalene of other desuments, reguleuan of byproduct maktlel er of safece er subsurface estate, or both of l

lacluding thee artierta. and the any e:tivity which produces byproduct the land transferred to the United States agreement shall be deemed to material, the State eaueste funse from er State pursuant reder previelen v. the i

Inouperate without specific referense.-

. the41censee or its surety for lens. tern Urardum Mill Redietion Telunge Centrol the stevtalene of pub.L 8Mrs and pub, surveillance and maintenance of such 3,g, j

L 36 404 and the miewd provklene of material the total anaunt of the funde f ne authority to enempt land the Atomk Energy Act collected by the State shall be ownmhlp trenefer requirements of treneferred to the U.S.If custody of the Section s3(b)(1)(A).

'A seu =b sh dose wi =thh ie e.***

byproduct meterk! and its disposel elle 31.1t l forable that State etstutes

,,gi, [e N"iNUiYrNeYeetfet le treneferred to the Fede:al Government upon terminellen of the Model Act,frevhku d Secuen e d tM ut the following may be I

ibe Atenne Bassey Act se amenses. ehet t.mmbw

- a was swesent w Pwn.L es.coe mer eeue Stote ifconse. (See to CF14180.32.)If es accompluhed by adepuen of either we default has occurred end the precedures by reguletten er technical ggawee m i

r September 20,1996 pg AG 4 i

l-L l

_,_,d

=-

-_~

POLICY STATEMENTS triterit in ery usa, authority for their agency assusment of the proposed esperience in tediation pre;ection 1mplementatten should be adeqwlely prcject is not edequale or appropriate.

necenery to evalua's the enginering

(

and ts&olo5 cal ofety esputs of a i

supported by statute, segulation or tese rionever,the lead esency may propan law se detumined by the State Attomey an environmental unsement band uranium concentrator. Currcat j

General.

upon an opp!! cant's endronmental bdic.:tiota are that 3 to 175 total le the licensing and reguietlen af ores report. Other cre6ble inferination may profeastenal penon yeare' effort le processed primanly for their source be stuired by the State as long es such t.seded to procus e new connouonal eneterial content and for the daposal of informationis verified e A documented miu license, in situ licenas, or major byproduct matettal procedures shaU be by the State, renewat to meet the requiremente of established which provide a written c.When a lead egency is doignaud.

WTRM We nuinber todudn the snelysis of the impact on the that agency should coordinate effort for the environmental asonsmeat environment of the licensing activity.

pnparetion of the statement.no other and the in. plant oefety review. it eleo Ele snelysis sheU be evaUeble to the agencies involnd should provide ladudes the use of consultanta.Heep public before ccsunencement of asststance with respect to their ares e of leach applications may take Im tisme hearings and shallinclude:'

lurisdicuon and expertse.Tectore ar.d is expected to take 1A to 1.8

e. As anenment of the tediological relevant in obtelning assistance from professional suff years' eBort, cnd nonndfological public health other agenclu incJude the opp 11 cable depending on the circumstances imputa; statutory authority, the time sequence to encountered. Current indicauons are

b. An enenment of any impact on which the esencles become involved, that the person yeare e5crt for espport any body of weter or roundwetert the magnitude of theirinvolument,and and legal services at.ould be one

e. Censideration of alternativu to the relative expertin with respect to th, secretary for appron.imately a teennd activiun; and project s environinental e!!ecta.

convenuonal mius at.d % staff years for d ConsideteUon of long term impacts la order to bring an environmental legal servien for each monoontuted alli of licensed activities (see item 36b.(1).

essessment to e setlsfactory conclusion, cese.The impact on environmental monHwing labmbry npport emicos Aeguleden, it is high[t recommended that en l'Jtlel is 6fficult to esJmete but should be at State regulatione should be l,((,P nrl delirNtYs the eres aked which i

oc t be develo d scope of added into the penonne! requirements.

in addJtion. conalderauon abould be reviewed for uguletory requinmenta, work be performed by och egency

"" * * * 'I'8 ' 8"I* U * *""8 P 8*

and when nemsery incorporate within a ptvon tiene constraint.

finnsing ongoing neuvuju inclueng the repletory lenpose which le equivalent

d. For thou ereas la the inuann of minw amendments, to the extent pro cucable or more environtsental essessmert where the inspetions, and environmental stringent than repteuona and standards State cannot idenufy a State e8'n'I survetUence. It is estimated that these adopted and enforced b the Ceaunission as requitetf by Seu.es having safDclent exp)eruse to adequately acuvities may te autre about 0.5 to t N," '[,fg'Q,'t houlfs'n" penen yeare effort perlicensed faciljty

'P 1760 lue 10 CFR 40 and 10 CFR I" U"' O' I'""

O' **" I"

I"3N provisions for obtalning outside

-t Orsonleo#cna/ AelodonsA!p li'ilAln consulting aervices. In those Irmances

[8['dein p' erYo

[1ecNiden

{

the States where non governmenstal consultents

'g.mCA 33.O anlieUonalrelationsh!

are utilized. procedures should be

b. In evaluating license applications should e estabhshed which wi[e established to avoid conniet of interest

t. State shallhave eccess to necessary censistent with state law and hydtdogy. geoh nddegiul ufe%

prodde for an e!!acuve regu! story

,g gi,gni,,,,.

program for uranium mille and mul admirdstrative procedures, ry and dam hiedical consul ants recognited for construction and opereUon.

teUmss.

a. Charta should be developed which their expertise in err:ergency mettel in eddition to the personnel sh3w the management organinsUon and matters such as the Oak Ridge and qualincauons listed in the *Culde for llanford National!.eboratories, relating Et alwation of State Radiation Control knn of authority.This chart should to the intake or uranium and its Propams." P.evision 3. February 1.1980, define the spectaclines of supenision from prepam manegement within the die;nosis thereof associated with the uplatory staffinvolved in the redieuen control group and any other utardum minir.g and mjutng should be

- regulatory pracess (Radleton) should 1dentified a e sue to the State for department within the State responsible ggg g g

,g to po si g and p e1 of During the budget prepareUon. the eelth Pb): ca and E.nvirenmental tethres.When other State egencies or State should allow for funding costs

'"p',8(Q,,-lin agencies other than the regional offlus are utilised, the 1.nes of incuned by the ou of consultants.In add nasultants should be lud egency are included in these total communiceuon and administradve control between the esencies and/or or en(em a neles which penon par numbers. If other agencies ava an counted in these numbers thenit sesions and the Propem Director should geura ele expertlee shall be demonstrated that then r

be clearly drewn.

Y' personnel wiu be avausble on a routine b These Ststea that will utthis 7,f,onnel and continuing besls to a depn personnel from othat State Departments Pusonnelnudedin the tonning claimed as necessary to succenfully or Federal agencies in preparing the of 0.e Ucanse appiluton comply with the requirements of endronmental unsament should identified or fts:TechrdcatroupeJ ectording to th9 UhinCA and then crituta, ne designate a lud agency for superusing g,p,wgn,,yj arrangements for maura such resources aid coorditaating preparation of thle Admirdstrative; and Support.

avausble shallbe documented, such as enironroental onessmenL !!is

a. Admirdstrative personnel are those an interogency memorandum of ecrmelty expec.ed that the udiction p,.sens who will provide interr.al understanding and cort.rmed by control og ncy m ement Stales will p.yn 7.fr memoranda.nviews and budgetary cost centers, s'e'"3ed's"se?ey is,eq M"o*'"

'w*'*a =aaarr a a'=

recu-rae covce comp.stion of the licensing netloa.

grtgauen of an opphcent s Support personnel are then persons 35.no Stain should develop re the environmental assessment who prodde ucntar41 cluiul procedures for licensing. inspection, a d tf environmentalreportinlieu of alead s upport. legal, and labontory serWees.

pnpusuon of envirorcental I

Techn: cal personnel are those assuomu'ta.

d,",[,7,$ y C **"" ""d individuals who heve the tninly and

1'"8%

(1)lJeensir;g evaluations or PS-AG S September 29,1995

POUCY STATEMENTS annements should tr.clude injlant (e) Ecology; In8frvm'niction ndiological safety sepects in (b) Eavironmentaleffects of alte 36.The State should have avausble occupational or natricted anos and pnpareuon and facility construction on both fleid and laboratory environmentalimpers to etione b environment and biota:

Instrumentation sufficient to ensure the annstricted onee frca th ant.

(c) Environmental effects of use end laenne's control of materials and to (211:la expected that the tais w0l discharge of chem nis and fuela: and validate the licensu's measurements, u

review, evoluete and provide (d) Economic an. social e!! acts, s.The State will submit its Ust of documentation of these evaluations.

c. inspecuane Instrumentation to the NRC for nyiew.

Items wh'ch should be evaluated on:

be(1) As a min! mum. Items which should Arnngements should be made foe ya Propond actMtles:

laspected or included during the calibrating such equ!pment.

Pi scope of proposed action:

inspection of a nranium mil: thould b, Laboratory type instrumentation ci specific acuvities to be conducted; adhere to the items evaluated in the in*

should be cvailable in a State agency or i

d) Administrative poceduree; plant safety revlew.The principalltems through a commercial utvice which has I

e)Factitty ergen!ntion and recommended for inspection are:

the espabihty for quantitative and tediological safety tveponsibilities.

(a) Adrainistration:

qualitadve analysis of radionuc!! des esthortues, and personnel (b) Min ctreutt. Including any enactated with natural uranfrn and its guahfheatione:

additions, deletions, or circuit changes:

decay chain, primarilyt 4234. Ra 226.

(f) Licensee sedits and inspectione:

(c) Accidents /lacidents:

Th.320. Pb 210 and Rn.222. in a variety (g) Radletion safety training prog *ams (d) part le or equivalent requirements of sample media such as will be for workers:

of the State:

encountend from an envirofunental (i) Radiados safety program, control (e) Action taken on previovs fladings:

sampling pergram.

cad monitoring:

(f) A mill tour to determine Analysis and data reducuen from (i)Rutricted ans markings and compliance with reguladona, and license labora tory analytical facilities should be tecen controh condluons; evallable to 'he beensing and inspeetion (j) At enjet!ng mills. review of (3)Tathnas weste management in authorities in a timely manner, monitoring esta, exposure records, accordance with regulations and beense Normally, the data should be avausble hceues audit and inspection neords.

conditions (ne NRC Reg Cuide 3.11.1);

within 30 days of submittal State cod other ncords applicab!e to ex.!stics (h) Records:

acceptability of quality east ance (QA) culo; (i) Respiratory grotection in prognms should also be established for (k) Endronmentalmonitoring:

accordance with heense conditions of to the analyucallabontories.

(1) Emergency proceduns.

CTR Part 20,

c. Arrangerunts should also be a

red!ological:

(J) Effluent and environmental completed so that a large number of (m) product transportation; and monitoring-sam les in a variety of sam le media (n) Site and physical decommissioning (k) Training programs:

resu ting from a mejor act) ent can be proceduns, c'.her than tailings.

(1)1rensportauon and ahlpping:

anal ed in a Ume frame that will allow (c) Employee exposure data and (m)Intemel review and audit by time decialens to be made regarding bloss:sy programa.

management health and nfety b.Enviromento1 Anenment pabt fnl Exit interviews and

d. Arrangements shouIt he made to

}

sh(ould consist of a detailed and lo) Final written report documenting 1)The environmental evalvauen Jnmental harticipate in the Envl:tection Agency quality assurance the resulta of the inspection and !!ndings documented evaluation of the fo!!ow.ing on each item.

program for laboratory performance, items:

(2) 'n addition, the laspector should (e)Topegraphys perform the following ibl Geologyi (a) Independent surveys and c)Hy(.rolcgy and wetar quelltYi sampling.

dl Meteorologyi (3) Additional guidance is contained l eb Background redletlo F in appropriate NRC regulatory and f)Tallings retention system:

Inspection guides. A complete g) Interim siebuiution. reclamation-inm. i.en should be performed at least and Site Decommissioning program:

oxe rat war.

Ih)RadiolegicalDoes Asussment; d,0;crat/onclDotalleview

-1) Source terme (1)In addition to the mporting

12) E.sposure pathway requirements mqdred by the reguletione

' 3' Dose commitment to individuals or licenn cond!Uons, the beenne wul 4L Dose comm!t:nont to populatfor.s submit in writing to the regulatory 5 Evaluation of redlologicxlImpacts 3

within to days after January 1 to the publie !: include a determination and ly 1 of eoch year, reports of cornphanu with Etate and Federal spect the quantity of uch of the regulations and comparisons with princi edionnelldes releued to background values unrestricted stree inliquid and in to Occupatlocaldo.e P)) Radiologicalimpect to blots other 3assus effluents during the previous six months of operauer6 This data shad be than men reported in a manner that wul permit the (s) Radiological monitoring programa, ngulatory esency to confirm the pre-occupational and operational potential annual redletion dons to the (111rpacts to surface and pubHc.

groundwstor, both quality and quantityi (2) AD data kom the tediol cel and (1)Environmentale!!ects of accidents; non.redtelogical environmen and monttoring program will also be (k) Evalneuen of tellings management submitted for the same time periods and diernatives la terms of regulettom.

Inquency ne date will be mported in (2)The Steles are encouraged to a mannet est wiu snow the ugulatory examhe the need to expand the ecoP*

egency to conform the don to receptors.

of the anenmentinto other areas such as:

SeptembM 29,1995 P84.3 6

I f

Ted:ral R:glster / Vol. 40. No.15 / Friday, hinunty 23, 1981 / Notices 7540

$'gned et Washirsstun. D C., this toth day and amended by Pub.1.05-004 National Advisory Committee on Cccupational Safety and Health; Full oflnnuarytyat.

opprnved November n.1978. These ruta singham.

criteria are intended to Indicate fat. tors C1mmittes Meeting and Subgroup

~

Auiennt Scen tory ofLu!ar, which the Commission intends to Meeting cimsider in approving new or amended pa n. st p is pa,J i.:dat man.ml ngreements.They are not intended to Notice is hereby gisen that the mais coes estws.u limit Commission discretion in viewing Nallon:1 Advisory Committee on

'~~ ~~

^~

OccupItional Safety and llcalth indisiduul agreements or amendments.

(NACOSill will meet nn February 25-27 HUCLE AR REGULATORY In accordanen with these statutory tunt et the Frances Perkins Department COMMISSION provisions, when an agreement between cf I. abor Duilding. Room N4437. Third a Stato and the NRC is effacted the Street end Constitution Avenue.N.W..

Criteria for Guldance of States and Commission will discontinue its Washincton. D C.The meetings will NRC in Discontinuance of NRC regulatory authority within thut State begin et U 00 a.m. the public is invited in P.egulatory Authority and Assumption over one or more of Me following ettend.

Thereof by States Thro, ugh Agreement matedals; byproduct material us definml The National Adv.sory Committeo ActNcy: U.S. Nuclear Regulatory in Sectior.11c(1) of the Act (radioisotopes). byproduct material nn was e:tubbshed under Section 7lal of Commission.

defin :d in S~. tion 11c(2) of the Act (mill the Occupational Safety and llenlih Act acnon: Statement of Policy.

of 1970 (29 U.S.C. 656) to ads isc the tailmgs or %vtest. source materful Secretary of Labor and the Secretary of suuuanyt The Nuclear Regulatory (uranium and thorium). special nucient liridth. F.docation and Welfare on Commlulon han revised its statement of material (uranium 233. uranium 235 and maticro relating to the ndministration of policy regarding criteria for guidance of plutonium!in quantities not sufficient to States and NRC in discontinunnce of form a cr Mal mass and permanent the Act.

Wedncaday. February 25.1981 wdl be NRC regulatory authority and disposal of low. level waste containing t'rsoled in Subproup meetmp The assumption of regulatory authority by one or more of the rnaterials stated States through agreement.This action la abnte but not including rnill taihnss.

Subgenups will discuss:

necessary to mnke editoriul changes lo

2. An agreement may b9 cIlocted update the policy statement, to allow between a State and NRC; t ) upon t

2

1 1h f to of New Energy States to enter into agreenients for low

certification by the Covernor that ihn Tri hnnigrs.

level waste only, and to incorpnrate the State has a prngram for the control of 3 tniarmaiam Sptrms for NtOsti/OsitA provisions and requirements of the radi.stion haturds adequate to protect enonty setnris Uranium AhllToilings Radiation Control the public henhh und safety with respect

.t he agenda for February 2n and 2 Act of inia. AJnption of this pohey will to the materials within the State covered wdlinclude reports on OSilA and nilow interested States to enter into by the proposed ngreement and the NIOSil actisities, a discusC.on of repeat gn.cr.cnts with the NRC and regulate State desires to assume regulatory siolations, and dacussions of otht low.lcs el waste sites only. Addittunally, responsihthty for such materials; and (21 ufety and heahh matters relating to those States that meet the criteria fn' uiter n (mding by thn Commission that the regulation of uranium mills and the State program is in accordance with OSilA and NIOSit.

Written data or siews cancernmg tailings may esercise regulatory the requirements of subsectiun o of these nxenda items may bn submnted to authority over these sources as provided seuion 2N and in all other rmipects the Unision of Cimsumer Affairs. S.ch by the Uranium N1al Tailings Podiation enrroahble with the Commission's doruments which are received befor" Control Act of 1978. as amended.

pregram for the regulation of such IFe schedaled matmg dates prefernbly The revisrJ statement of pobry matennis. and is adequate to protect the wnh 20 copies, will be presented to the reflects the following principal changes-pubhc heahh and safety with respect to Committee and moluded in the official

1. 51odifie ation of Criterion 27 to the mater als coscred by the proposed errord of the powceshn allow n State to seek an agreement for agreement. It is also neEcssary that the Anync who wishes to make un nrul the regulanon of low. level w atte as "

State have enabling legislation authonzing its Cosernnr to cr.ter into pro sentatsun should nntify the Dnisiun separate category.

of Conwmer Affairs before the meeting

2. Inclusion of ndihtional cnteria for such an agreement, date.The reyucst should 3 clude the States wishing to continue regulating

3. The origmnt enteria were pubbshed nmount uf hme desired, u..t capacity in urar.ium und thorium processors und on Alarch 24.1961 (20 FR 2537) after which the person wdl uppent and a brief mill tailings after November B.19tt1.

discussions with \\ arious State officials outhne of thu rontent of tho 3 EJitorial and clarifying changes t and mher State representetives. to presentatiim. Oral prewnianons will be make the statement current.

prmide guidance und assistance to the scheduled us the doicrotion of the OAtts:This policy statement is effectn" 9.nes and the AF.C (now NRC)in chairmai. of the Committen to the estent lanuary 23.1981.

dm.lo ima a regulatory program which which time permits.

FOR FURTHER INFORM AtlON CONTACT; g ogh) C compatible with that of the l'or uddnionalinformahon contact:

}ohn F. Kendig. Office of Sinte Programs. NRC.The criteria were circulated Clarence Paso. Unision of Consumer U S. Nuclear Regulatory Commission, among States. Federel agencies, labor Wushinuton, D.C. 2055 3 telephone: 301-and industry and other interested Affairs. Occupational Safety and MN gnnips Int enmment.

llvahh Admimorntion.3rd Street and SmWENTARY *FORMANN:

( Tin: crneria requ re that the State Consututmn Avenun. N.W., Rm.

a wm deve% m MoS conser h Mal accu nuW m

impicment a progtum, nuthonzed by occupational radiation exposure of N3G35. Washington. D.C. 20210.

Telephone 202/52MC4 pub. L D&3M which was enacted in the individunl( To facihtate such an Official records of the meetings will form of a new section to the Atomic appoat.h. it is the view of the NRC that bc evailable for public inspection ut the Energy Art (Section 274) und npprnved an os endl radiation protection program Dwisinn of Consumer Affairs by the President on September 23.1959 is desirable. The maximum scope of I

t jyC ".

f[;ND dh Ih,} ; $ N' g; ~ :,. p.< Q [q; ? ;. h.;'icfp, fQhd. a.q'

c..:.. n.

n v.

' c. %m; ; 3. _ :-%39p;. ';yg;.M; v. y m.. gy

.. s.w 1; -

,- y L.w,,y

.g l

Federal Register / Vol. 40. No.15 / Friday, lanuary 23, 1901 / Notices " ~ <

75jl v.r

- ~,.....

r exposure ofindividuals, including that V surveys, and disposals of materlels:(b) each State's radiation protection

-J program le not, however, a necessary or from sources whlch are not regulated by P keep records of the recclpt and '.ransfer

' of the materials:(c)*ths materials, asreport af grJficant appruptlate subject for covers'ge in the 11.

. %/

incidents involving I

criteria. Consequently, the criteria are S. Surveys. Monljorlag, Ap propria t a '

slient on the question of whether a State surycys and personnel monitoring under prescribed by the regulatory authority; should have a total regulatory program the close supervision of technically (d)make available upon request of a covering all sources of radiation, competent people are essentialin former employee a report of the including those not subject S contrr1 by achieving ra diclogical protection and ergployee's cxposure to radiation:(c) at the NRC under the Atomi. '

shall be made in determinio request of cn emphyce advise the such as x. rays, radium, e

, compliance with safety te allons, employee of his o. '.ict annual radiation 5.These revised criti

6. Labels. Signs. Symbo. It is '

exposure: and (0 inform eack employee destrable to achieve uniformity In 4

. In writing when.the employee has entering into an agreeme.

.w tre W.

labels, !gns and symbols, and the received radiation exposure in excess of separate category of mr i

low level waste matcrit i e w T.

nosting thereof. He wcVer. it is essential the prescribed limits.

disposal f acilities.They ele.

ihat thers be uniformity in labels, signs,

12. Addit /ona/ Requirements and 4

and symbols affixed to radioactive Exempt /ons. Consistent with the overo11 new criteria for States wisha o

continue regulating tranium W.,

products which are transfctred from criterla here enumeratet end to m

person to persen.

accorvnodate speclai costs et processing and the wastes reis therefrom under the provisions of i

7. Instr.ction. Persons workir$g in on, C,rcumstances, the btate regulatory Uranium Mill Tallings Radiation C r...a.

frequenting restricted area

shallbe authority shall be authorized in Act of 1978 (Pub.L. 9%004) after Instructed with respect to the hr.sith '

individual cases to imposa addllional November 8,1981.The revised criterla risks associated with exposure to requirements to protect health and also contain a number of editettal radioactive materials and in precautions - safety, or to grant necessary exemptinns changes such as chenging AEC to NRC to minimize exposure. Workers shall which will not jeopardize health and where appropriate te conform to present have the right to request regulatory safety.

- veW practice and law.

authority inspections as per 10 CFR19, Prior Ero/uot!onSf' ses of Radioact/ro

6. Inquiries about details of the section 19.16 and to be represented -

criteria or other aspects of the NRC during Inspections as specified in ggf,7j,f, w

w Federal State Relations rrogram should scetion 19.14 of 10 CFR 19..

13.PriorEroluollon o/Nomords and be addressed to the Offlee of State

6. Storage. Licensed radioactive lhes, Exceptions. In the present atate of Programs. U.S. Nucler 3ulatory materialin storage shall be secured knowledge. it is necessary in regulating Commisalon, Washing

.D.C.20555.

against unauthorized removal, the possession and use of byproduct.

9. Westo Disposal. The standards for sorce and special nuclear materials the disposal of radioactive materials that the State regulatory authority Criterla '

Object /rcs into the alt, water, and sewers, and require the submission of Information

1. Protect /on. A State regulatory burialin the soil shall bo in accordance on, snd evaluation of, the potentia'.

om shall be designed to protect the with Pa' eo. Holders of radioactive hazards and the capability of the user or en of the peco's against material desiring to release or dispose of possessor prior to his receipt of the btok'h and safe [t materials.Thl crlierlon is subject to

(

radiation hnzar s, quantitles in excess of the prescribed limits shall be required to obtain special,certain exceptions and to continuing Radiation Pro! etion Stondon/s 8 permission from the appropriate reapprolsal as knowledge and experience in the atom!c energy field

2. Standard. he State regulatory regulatory authority, program shall-opt a set of standards

10. Regulations Covernirs Sh/pment increase. Frequently there are, and increasingly in the future there may be, for protection cgainst radiation, which o[Rodioactivo Materio/s. The State categories of materials and uses as to shall apply to byproduct, source and shall to the extent of its jurisdiction which there is sufficient knowledge to special nucicar materials in c,unntitics promdgate regulations applicable to the permit possession and use without prior not sufficient to form a critical mass, shipment of rndloactive materials, such evaluation of the hazards and the

3. Uniformity in Rodiction Standen!s.

repletions to be compatible with those capability of the possessor and user, it is important to strive for uniformity in established by the U.S. Department of These categories fallinto two groups-technical defialtions and terminology.

Transportation and other agenc!cs of the, those materials and uses which may be particularly as related to such things as United States whose {urisdiction over completely exempt,from regulatory units of measurement and radiation interstate shipment of such materials dese.There shall be uniformity on necessarily continues. State regulations controls, and thosa,for misuse are materials and uses in which sanctions maximum permissible doses and levels regarding trans ortatlen of radioactive maintained without pre.eveluation of of radiation and concentrations of materials must e compatible with 10 the individual possession or use. In radioactivity, as fixed by Part 20 of the CFR Part 71.-

authorizing resecch and development NRC regulations based on officially

11. Records and Reports.The State approved radiation protection guides, regulatory program shall require that or other act!villes in,volving multiple uses of radioactive materials, where on

4. Total OccupationalRodiolion holders and users of radioactive Exposun. The regulatory authority shall materials (a) maintain records covering insut,ution has peopli with extens!ve traln ng an p ence,t St e conalder the total occupational radiath personnet radiation exposures. radiation

'The criterte were !!rst a dopted'ln February 1961

- Restricted area" aneans any area access'to provide a means for 1 orizing brnad use of materla!3 Wilbout evolusting cach 126 FR W,klarch 24.1901. and smended in which to controlled by the licensee for the purpose Novembet 1905 (3a rlt 1so44. December 4.1903L of radiation protection ofindividuals from esposure specific use.. M$

ktinor ed"ortat chasses were made in jurie tous to to rarflation and radioactive materials.* Restricted

14. Evolaction Cr terio. in evaluatina*

et the U.1 Department of arca" shalt not indude any area used as resident!at a pMposal b use Ta,edsche matedals.

redect the authoritf orsonlaation chanse in NCRP.

stuarters, although a separate room or rooms in a the regulatory autheilly shall determlno Trenspo tauon en

'sessested state resulauens and 5:sie ler.islation residential buildins may be set spart as a restricted the adequacy of theIppllCont's facllitics wc! give content to au criteria eminciaul ares.

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$.t7542WM N W Federal Register / Vol.'40. No.15 / Friday. january 23, 1981 / Notice:WS yg.

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. 34

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~^\\4's and esfoty equipment,his training and - a radioactivltfin the' proposed cie io be.i experience in th8e field.ne I :Jground i'-j.

7

U ' experience in the use of the materials and specific training v. inese persons 'g.y

for the purpose requested,and his mg evaluated andInspected.This regulics e

'e ;

willladicate to some extent their N-Jp p

. 1 competency to evaluate various/

nese tralnees.of course,could be used yl.Q potentla! role in the regulatory program.1 proposed administrative controls. States '

potential radiologies} hasards i

?

should develop tutdance documents for associated with the many uses of initially to evaluate and inspect thoso -

~

use by license s'pphesnts. thle guldence radioactive material and includes should be consistent with NRC licensing concentretions of radlocctive materials applientions of radioactivo materials and regulatory guides for various in alt and water, conditions of shleiding, which are considered routine or more categories of lleensed activities.

the making of radiation measurnments, ' - standardized from the radiation safety 15.1/umen Usa. The use of radioactive - k now' edge of radiation instruments-standpoint. for example. inspection of rnaterials and radiation on orin humane r their selection, use and calibration-., - Industrial gauges. small research m

d diagnostic medical '.

j @"

, laboratory de:Ign contaminationUh '

shall not be permitted except by

. control, other general principles andV. programs, an h

i i

d

_ practices of radiation protection.andb. programs As t ey ga n exper e

- properly quallned p)ersons (normally..

3 lleemed physicians possessing

be used progresolvely to deal with the

,,.Q prescribed mlnlmum, experience in the..p usc of management controls in assuring i use of radiolsotopes or radiation.

e dherence to esfcty procedures.in order. more complex or difficult types of to evaluate some complex cases. the radioactive material app!! cations. it is g;

f ff,# '

State regulatory staff may need to be,

desirable that such trainees have a

10. /bpose. Ticquency. He supplemented by consultants or other bachelor's degree or equivalent in the possession and use of radioactive 1; tate agencies with expertise in geology. physical or Iffe sciences and specific materlate shall be subject to inspection hydrology, water quality. radlobiology training in radiation protection. In by the regulatory authority and shall be and engineering disciplines, determining the requirement fnt

.4 p,.

subject to the perforniance of tests, a To perform the functions involved in academic training of Individuals in all of iequired by the ?egulatcry authority, evaluation and inspection. it is desirable the foregoing categories proper

d Inspection and testing is conducted to that there be personnel ede':sted and conalderation should be given to

. determine, and to assist in obtaining.

tralned in the physical and/or life equivalent competency which has been

~.

compliance with regulatory [

sciences. Inc'uding biology, chemistry, -

gained by appropriate technical and phy les and engineering. and that the radiation protection experience.

.fa requirements..

= 7" it is recognized that radioactive l'reqency ofinspection shall be personnel have had training and materials and their uses are so varied 3

reisted directly to the amount and kind experience in rodfation protection. For that the evaluation and inspection of material and type of operation example. the person who will be functions will require skills and licensed, and it shall be adequate to responsible for the actual performance experience in the different disciplines y

insure compliance.

cf naIuallon end inspeckn of all oIthe which will not always restdo in one '

r

17. Inspections Compulso.l.icensees various uses of byproduct, source and he te ido authority should s pecial nuclear material which might (ve the composite ok*such skills either shn!! be under obligation by w to provide access to inspectors, come to the regulatory body should have in its employ or at its command, not

18. Notification of Results of substantial tralning and extensive only for routine functions, but also for Inspection. IJcensees are entit!cd to be

,[n t nc ao advised of the results o!!nspections and ep emergency cases, g

g g

to notice as to whether or not they are in person have a bachelor's de ree ort.

Specio/ Nuclear Afoterial. Soure/

Cornp ance.

]

equivalent in the physicalor life Afoterioland Tr/tlum Enforcement f

sciences. end speclfic tralnlng. radiation

21. Conditions Applicabic to Special

10. Enforcement. Posaesslon and use protectlon:

Nucicar bfaterial. Source b!cterict and of radioactive materials should be it is recogn! zed that there will also be Tritium. Nothing in the State's amenable to enforcement through legal persons in the program performing a regulatory program shall Interfere with sanctions, and the regulatory authority mote limited function in evaluation and the dutlea imposed on the holder of the shall be equipped or anststed by law inspection. These persons will perform materials by the NRC. for example, the with the necessary powers for prompt the day.to day w6rk of the regulatory duty to report to the NRC on NRC enforcement.This may include, as program and deal with both routine prescribed forms (1) transfers of special appropriate, administrative remedies situations as well as some which will be nuclear material, source material and looking toward issuance of orders out of the ordinary.nese persons tritium, and (21 periodic inventnry data.

requiring erfirmative actlen or should have a bachelor's degree or

22. Specio/ Nuclear Aforceial Defined, a wa Special nuclear material, in quantitles ~ SH

- suspension or revocation of the right to equivalent in the phys! cal or life ', and ' not sufficient to form a critical mass, for possess and use materials, and the sciences, training in health physics

'f '

impounding of materials, the obtulning approximately two years of actual work present purposes means uranlum -

of injunctivo tellef. and the imposing of experience In the field of rediation enriched in the isotope U-233 in civil or criminal penalties.-

protection.

quantitles not exceeding 350 grams of

't ne foregoing are considered contained U-235: uranlum 233 in

1. 1. I.

4 desirable qualifications for the staff who quantitles not exceeding 200 grams:

20. Qualifications e/ Regulatory and will be responsible for the actual plutentum in quantitles not exceeding Inspection Personnel.no regulstory.

performance of evalention and

00 grams: or any combination of them agency shall be staffed with sufficient - Inspection. In additlan, there will fr. cecordance with the following tralned personnel. Prior evaluation of

. probably be trainees associated with the formula: For each kind of special app!! cations forlleenses or.

regulatory program who w!!! have an

- nuclear material, determine the ratio 4

authorizations andiopection of

academic background in the phy:Ical or - between the quantity of that special licensees must be conducted by persons life sciences as well as varying amounts c ~ nuclear material and the quantity possessics the training and experience g of specific training In radiation r...

speelfled above for the same kind of C

relevant to the type and level of protection but little or ro actuni work special nuclear material.no sum of

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roderal Reglster / Vcl. 46. No.15 / Triday, January 13.-1981/ Notices nt3

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such ratios for all of the kinds of special.the following quantitles in combination for the DOE at U.S. Government. owned nuclear material in combination should would not exceed the limitation and are.. or controlled sites:.

W-

b. Prime con'.roctors performing not exece/ "1"(i.e unity).For example, within the fermula, as follows:

a c s,i Um',.

research in;or development.

U$ (grar S Contained.11235)

50 (grams tj-233) + 50 (grans Pu) " I manufact'.re. stcrase. testing. or transpe.tation,f. atomic weapons or M

200 200 com;,cnents thereof:

c. Primo contractors using or operating (This definition is subject to change by discontinuance of NRC regulatory nuclear reactors or other nudent futuro Commission rule or regulation.)

authority and the assumptier, of devices in a U.S. Government. owned regulatory authority by the State may.

vehicle or vesact; and Administretton relate to any one or more of the - o

d. Any other prirne contracter or

33. State practices for assuring the falt following categories of materials within subcontractor of DOE or NRC when the and impartial admin!stration of the State, as contemplated by P :b!!c,

State and the NRC jointly determine (i) regulatory law. including provision for Law BM73 and Public Law 95-604: e that.under the terms of the contract or j

public participation where appropriate,

a. Dyproduct materials as defined in subcontract, there is edcquate i

should be incorporated in procedu*cs section11c(t) of the Act. '

/

- assurance that the work thereunder can for:

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

n. Formulation of rules of general sectionite(:)of the Act.

the public health und safety and (11) that applicability:

c. Source materials.

the exemptlen of such contractor or

b. Approving or denying opplications

d. Special nuc! car materials in subcontractor is authorised by law.

for licenses or authorisation to possess quantitles not sufficient to form a ae aad use radioactive rnatcrials, and criucal mass.

Additional Criteria for States Regulating c.Taking disciplinary actions egainst

e. Low !cvel wa'st'es'in' permanent Uranium or Thorium Processors and licenseen.

disposal facilities, as defined by statute Wastes Resulting Therefrom Afier or Commiss1on ruhs or tegulaUons Mmk S QM Arrangements for Discontinuing NRC containing one or more of the materia]s furisdiction stated in a, c. and d above but not

,$gagygg, %Q

24. Stole Asency Designatlon.The including byproduct material as defined

29. Stato statutes or duly promulgated State should indicate which agency or in Sectionne(2)of the Act:

regulations should be enacted. if not egencies will have authority for carryin8 but must relate to the whole of such s! ready in place, to make clear State on the program and should provide the category or categories and not to a part authority to carry out the req.lrements i

or Public Law 95-604, Uranium Mill NRC with a summary of that legal of any category.*1!!ess than the five authority.There should be assurances categories are included in any Tailings Radiation Control Act against dup!!cate regulation and discontinuance of lurisdiction.

(UMTRCA) as follows:

licensing by State and local authorities, discontinuance of NRC regulatory

a. Authority to regulate the tailings or and it may be desirable that there be a authority and the assumption of wastes produced by the extraction or single er central regulatory authority, regulatory authority by the State of the concentrollon of uranium or thorium

25. Existing NRC Licenses and others may be accomplished from any ore proccased primarily for its source material content.

i rending Applications. In'effectirig the subsequently by an amendment or by a b.That an adequate surety (under discontinuance of jurisdiction.

la ter agreement.

, terms establ!;hed by regulation) will be appropriate arrangements willbe made The agreement may incorporate by by NRC and the State to ensure that refercnce provisions of other documents, provided bQe licenser, to assure the there will be no interference with or including these criteria, and the compiction of n!! requirements Interruption of licensed activities or the cgreement shall be deemed to established by the (c! e appropriate processing oflicense applications, by incorporate without specific reference State agency) for the decontam! nation, reason of the transfer. For example, one the provisions of Pub. L 66-373 and Pub. dec3mmissloring, and reclamation of '

approach might be that the State. In L 95-604 and the related provisions of

" conjunction,rcs, and equipment used in sites, structu assuming jurisdiction, could recognizo the Atomic Energy Act.

with the generation or and continue in effect, for an Arrangements should be made for the disposal of such byproduct meterial.

eppropriate period of time under State reciprocal recognition of State lleenses

c. lfin the States' licensing and law, existing NRC licenses. Including and Federallicenses in connet.tlon with regulation of byproduct material or of licenses for which timely applications out.cf.the.]urisdiction operations by a any ectivity which produces byproduct for renewal have been filed. except State or Federallicensee...

material, theltate collects funds from where good cause warrants the entlier

8.NRC endDeperiment ofEnergy the licensee or its surety for long term surveillanceTnd maintenance of such reexamination or termination of the Contractors. The State should provid. '

material, the'lotal amount of the funds IIC'"8'-

exemp!!ons for NRC and DOE -

20. Relations With Fedo el contractors which are substantially collected by the State shall be Covernment and OtherStates. Thero equ! valent to the following exemptions:

transferred to'the U.S. If custody of the should be an interchange of Federni and

a. Prime contractors performing work byproduct material and its disposal sito State information and assistance in is transferred *td the Federal connection with the issuance of

A state which does notSdhh to coottnu.

Covernment Ep~en termination of the

,,e regulations and licenses or rese uoc or urentum and thortum processors end. Steis lleenso?(Sce to CFR 150.32.) If no authorizations. Inspection of licensecs.

tryproduct matutal. as danned in section 1te.t21 of default has OMrred and the reporting of incidents and violations, tu Atomte rwsy Act me emeded.ahn Novemtar - Tcclamation OTother bonded act!vity hat -

1 o n been performYdifunds for the purposo and tralning and educallon probicms.

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thin Rccip JA grIem n toviding for tu sininiceWe wwm a moycenen.

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7544 '~ W i 4 Feder:1 Reglsl:t / V:1. 40. NL 15'/ Frid:y.'lanu ry 23, 1981 / N:tices 21-s cro not to be transferred to the Federali 31.1t is pref'erable thIt State ' statutes. O or Federal agencies in preparing the.

Cov:rnment.De funds collected by the centein the provisions of Sect!on 6 of the, environte. ental assessment should State shall be sufficient to ensure r@a - Model Act. Dut the following may be 3 Q designate a lead agency for supervising

compliance with the regulations the 16 accomp!!shed by adoption of either tw and coordinating preparation of this Commission establishes pursuant to i "

procedures by regulation or technical t. environmental assessment. It is Section 161X of the Atomic Energy Act.

criteria. In any case, authority for thelt '. normally expected that the radiation

d. In the issuances of licenses, an t -

Implementation should be adequately control agency in Agreement States will opportunity for written comments, i supported by statute, tegulation or case.. be the lead egency.The basic premise is public hearing (with transcript) and law as determined by the Stat's Attorney I that the lead agency is required to p

cross examination la required.

y General.

C prepare the environmental assessment.

e. In the issuances of licenses, a In the licensing and regulation of ores 1. Utilization of an app!! cant's written determination of the action to be processed pGmarily for their source M, environmental report in !!cu of a ! cad iden based upon evidence presented material content and for the disposal of : agency assessment of the proposed during the public comment period and -

byproduct material, procedures shall be ; project is not adeguate or appropriate.

which la subject to judicial review is -

established which provide a written s-llowever the lead esency may prepare y

required.

m enelysts of the impact on the >v.4 an environmental assessment base'd

f. A ban on malt r construction prior to environment of the licensing activity.

- upon en applicant 1 environmental This anal sls shallbe systlable to the report. Other credible information ma c:mpletion of the eforementioned j pub!!c be ore commencement of be ut!!! zed by the State as long as sue stipulations,

3. An opportunity shall be provided hearings and shallinclude:'

information la veriflod and documented for public participallon through written

n. An assessment of the radiological by the State, comments public hearings, and judicial and nonradiological pub!!c health c.When a Iced agency is designated, that agency should coordinate revi;w of rules, y

impacts:

30.In the enactment of any supporting

b. An assessment of any impact on preparat!on of the statement.The other legislation, the State should take into any body of water or groundwater:.

agencies involved should provide account the reservations of authority to

c. Consideration of alternatives to the assistance with respect to their areas of the U.S. In UMTRCA as stated in to CFR licensed activities; and i*

jurisdiction and expertise. Factors

d. Conalderation of long-term impacts relevant in obtalning assistance from l

150.15a r.nd summarized by the,

followic5:

of !! censed activities (see item 30b.(1).

ether agencies include the applicab!c a.%e estab!!shment of minimum h,p/ct%n, statutory authority, the time sequence in which the agenc!ca become involved.

standards governing reclamation. long,

32. State regulations should be the magnitude of their involvement, and i

term surveillance or maintononce, and

' d**

d I0' 8"I'ID'Y '89"I**"I'*

relative expertise with respect to the p

swnership of the byproduct materla!.

and where necessary incorporate project's environmental effects.

i b.The determination that rior to the termination of a license, the ficensee has Watory language wM !s eqdvalent in order to bring an environmental to the extent practicable er more a:sessment to a satisfactory conclusion, compiled with decontamination.

atringent than regulations and standards it is hl hly recommended that an initial decommisstonIng and reclamation adopted and enforced by Te scop document be developed which standards, and c enership requirements fer sites at which byproduct materialis.gommission, as required by Section clear delineates the area and scope of J4o (ree to CFR 40 and to CFR.e work n be performed by each agency present.

150.3t(b)).

within a given time constrsInt.

c.The requirement that prior to termination of anylicense for byproduct

Organlzationollfelationsh/ps Irithin

d. For those areas in the material, es defined in Section 11e.(:). of the States environmental assessment where the the Atomic F.nergy Act or for any

33. Organizational relationships State cannot identify a State agency cetivity that results in the production of should be established which will having sufficient expertise to adcountely such material, title to such byproduct provide for an effective regdatory avakate the proposal or prepare an assessment, the State should have material and the disposal site be program for uranium mills and mill provisions for obtaining outside transferred to the Federal Government tallings' arts should be developed wh!ch consulting services. In those Instances i

or State at the option of the State,

s. Ch provided such option is exercised prior show the management organization and where non governmenatal consultants I

are utilized, procedures shost be to termination of the license. *:

lines of authoritb.nis chart should estab!!shed to avoid conflict of interest d.The authority to require auch define the speci clines of supervision consistent with State law and monitoring, maintenance,and i from program management within the.

- cmergency measures after tha license la radiation control 1;roup and any other administrative procedures.

terminated am necessary to protect the department withlo the State responsible Medical conshts recognized for public health and safety for those for contributing to un regulation of their expertise in emergency medical

)

materials and property for which the uranium processing and disposal of matters, such as the Oak Ridge and State has assumed custody pursuant to tallings,When other State egencles or llanford National tabora tories. rela ting N

1 regional offices are utilized. the lines of to the intake or uranium and its c.The authority to permit use of the communication and administrative diagnosis thereof associated with surface or subsurface estate, or both of control between the agencies and/or manium mining andmiillns should be the land transferred to the United States regions snd the Program Director should identified and available to the State fur er Stato pursuant under provision of the be clently drawn. a # -

A advice and direct assif.ance.

Uranium Mill Radiation Tallings Control b.Those States that will utilize During the budget preparation the Act.

M 47 personnel fron. other State Departments State should allow for funding costs f.%e authority to exemptland y q,.j.3 4 3-

- Incurred by the use of consultants.In i

cwnership transfer requirements of

h to cronsty recommmld out a soa hernd addition, consultants should be r

~

Section 83(b)(1)(A)q be ymtaw for put,nc miew.jg -

available for any emergencies which 7

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1 Federal Regist:r / Vol. 46, No.15 ' Friday January 23, 1981 / Notices 7545 may occur and for whlch their expertise have additional treintne in Uranium Mill (b) Geolegyt I

would be needed Imrnediately, llealth Physics and Environr ental (c)llydrology and water quality:

Assessments.

(d) Meteorolog).

I'f8 " #I

c. Personnel in egencies other than tha (e) Dackground radiation:

34. Personnel needed in the processing lead agency are included in t!.use total (f) Tallings retention system:

c.f the license application can be person year numbers.lf other agencies (glinterim stabilization, reclamation.

Identified or grouped according to the are counted in these nun.bers then it and Site Decommisaloning Program; following skills:Technicah shall be demonstrated that these (h) Radiological Dose Assessment:

. Administrative: and Support.

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

a. Admirdstrative personnel are those and continuing basis to a degree (2) Exposuro pathway persons who will provide internal claimed as necessary to successfully (3) Dose commitment to individuals guides, policy memoranda, reviews and comply with the requirements of (4) Dese corr.mitmnt to populations managerial services necessary to assure UMTRCA and these criteria.The (5) Evaluation of radiological impacts completion of the licensing action, arrangements for making such resources to the public to include a determination Support personnel are those persons available shall be documented, such as of compliance with State and Federal who provide secrciarlal, clerical en interagency memorandum of regulations and comparisons with support. legal, and laboratory services.

understanding and confirmed by background values Technict.1 personnel are those budgetary cost centers.

(0) Occupational dose individuals who have the training and (7) Radiologicalimpact to blota other expertenes in radiation prot'ection functions To Be Covered than man necessary to evaluate the enginering

35. The States should develop (8) Radiological monitoring programs, and radiological safety aspects of a procedures for licensing, inspection, and pre. occupational and operational uranium concentrator. Current preparation of environmental (i) Impacts to surf *ce and indications are that 2 to 2.75 total a ssessments.

groundwater, both quality and quantity; professional person years' eIfort is

a. Licens/ng (j) Environmental effects of accidents:

needed to process a new conventional (1)1.lcensing evaluations or and rnilllicense, in situ license, or major assessments should include in plant (k) Evaluation of tallings management rene.*al, to meet the requirernents of radiological safety aspects in altematives in terms of regulations.

UNITRC.A. The number includes the occupational or restricted areas and (2)'the States are en*:ouraged to effort for the environmental assessment environmental impacts to pop.ilations in examine the need to expand the scope and the in plant safety review,It also unrestricted areas from the plant.

of the assessment into other areas such includes the use of consultants. lleap (2)It is expected that the State will as leach applications may take less time review, evaluate and provide a) Ecologyt and is expected to take 1.0 to 1.5 documentation of these evaluations.

(b) Environmental effects of site profesalonal staff years' cifort.

Items which should be evaluated are:

preparation and facility construction on depending en the urcumstances (a) Pro; osed activities:

environment and blota:

encountered. Current Indications are (b) Scope of propo ed action:

(c) Er vironmental effects of use and that the person years effort for support (c) Specific activities to be conducted; dischm.;e of chemicals and fuels; and and legal services should be one (d) Administrative procedures:

(d) Economic and social effects.

secretary for approximately 2 (e) Facility organisation and

c. Inspections conventional mills ar.J % staff years for radiological safety responsibilities, (1) As a minimum, items which should legal services for each noncontested mill authorities, and personnel be inspected or included during the case.The impact on environmen' quahfications:

Inspection of a uranium mill shoutd monitoring laboratory support services (f) Licensee audits and inspections; adhere to the items evaluated in the in-is difficult to estimate but should be (g) Radiation safety training programs plant safety review.The principal items added into the personnel requirements.

for workers:

recommended for inspection are:

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

given to various miscellaneous post-and monitoring:

(b) hiill circuit including any hcensing ongoing activities including 'ho (i) Restricted area markings and additions, deletions, or circuit ch mget issunnce of minor amendments, access control:

(c) Accidents / Incidents:

Inspections, and environmental (i) At existing mills, review of (d) Part 19 or equivalent requirements surveillance. !t is estimated that these monitoring data, exposure records, of the State:

activilles may require about 0.5 to 1 licensee audit and inspection records, (e) Action taken on previcus findingt person years effort per licensed facility

ad other records applicable to existing (f) A mill tour to determine per year, the latter being the case for a mills:

compliunce with regulations, and license major facility.These figures do not (k) Environmental monitoring:

conditions:

Include many )wer for Titlr. I activitives (1) Emergency procedures, (g) Tn!!ings waste management in of L:#TRCA.

radiological:

accordance with regulations and licenso b.n evaluating license applications (m) Product transportation: and conditions (see NRC Reg. Culde 3.11.1);

the itate shall have access to necessary (n) Site and physical decommissicning (h) Records:

specialities, e.g., radiological safaty, procedures, other than tellings, li) Respiratory protection in hydrology, geology and dam (o) Empioyee exposure data and accordance with license conditions or 10 construction and operation.

bioassay prog}ams.

CFR Part 20.

Ira addition to the personnel

b. Environmental Assessment (j) Effluent and environmental qualifications listed in the "Culde for (1) The environmental evaluation monitoring:

Evaluation of State Radiation Coatrol should conalst of a detailed and (k) Training programs:

Programs." Revision 3, February 1,1980, documented evaluation of he following (1) Transportation and shipping:

the regulatory staff involved in the items:

(m) Internal revlew and audit by regulatory process (Radiatio ) should (a) Topography:

manngement:

I h

i

?

i

7546 Federal Register / Vol. 40, No.15 / Friday, Innuary 13, 1981 / N tices (n) F.x'l Intervlew: a nd sampics in a variety of sample medla Subcommittee will review operating (3) Final written report documenting resulting from a major accident can be experience, degree of success in the results of the inspection and findings analp.ed in a time frame that will allow climinating the core power fluctuntions.

on ench item, timely dectslons to be made regarding core performance (fuel and structurnl).

(11In addition, the inspector should pubtle health and safety,ld be made topinns for testing and operation at !crets

d. Arrangements shou above 70% of rated power and plans for perform the following:

(2) Independent surveys and participate in the Environmental future operations, modifications, sampling Protection Agency cuality assurance refueling. and shift manning (3) Additional guidance is contained progtum for laboratory performance, requirments. Notice of this meeting was In appropriate NRC regulatory and Dutod at Washington D.C. this toch day of published Jan.12.

'Sofety Philosphy, Technokugy and inspection gnides. A complete Janunty.1001.

Criter/a, January 28,1981,I,os Angnles, inspection should be performed at least for the Nuclear Regulatory Commission.

CA.The Subcommittee will discuss er year, oncehperut/ono/Doto neriew Iohn C, flo31

requirements for new (beyond Near.

d.

A"I#'""' 8"'7 0I'A' C#**###I#"'

Term Construction Permit) renctor (1)In addition to the reporting t* H-8r8 0d *" *8 "3 plants. Notice of this necting was targuirements required by the regulations

'" C008 "'*--"

published Jan.14.

er Aense conditions, the licensee will submit in writing to the regulatory

Extreme ExternoIPhenomems.

January 2b30.1M1, Los Angeks. C.A.

Egency within 60 days after January 1 Advisory Committee on Reactor The Subcommillee will discuss the end July 1 of each year, reports Safeguards; Proposed Meetings status of the Selsmic Safety Margins specifying the quantity of each of the principal radionuclides released to in order to provide advance Program. Notice of this meeting was l

unrestricted areas in liquid and in informailon regarding proposed published Jan.14, gascius effluents during the previous six meetings of the ACRS Subcommittees

Son Onofre 2 andJ. Janunty 31,301.

months of operation.This data shall be and Working Groups, and of the full Los Angeles, CA.The Subcommittee will reported in a manner that will permit the Committee, the following preliminary meet to review the scismology nied regulatory agency to confirm the schedule reflects the current situation, geology related items for San Onofre potential annual radiation doses to the taking into account additional meetings Units 2 and 3 for en Operating 1.lcense.

public.

which have I een scheduled and Notice of this meeting was published (21 All data from the radiological and meetings which have been postponed or Jan.15.

non. radiological environmental cancelled since the last list of proposed

Regulatory Actiritics. February 3.

monitoring program will also be meetings pub!!shed Dec. 22,1980 (45 FR 1981. Washington. DC. The submitted for the some time periods and 8 8182).These meetings which are Subcommittee will discuss proposed frequency.The data will be eported in definitely scheduled have had, or will Regulatory Culdes and Regulations.

o msnner that will allow the regulatory have, an individual notice pub!!shed in Notice of this meeting was published egency to conform the dose to receptors. the Federal f;egister approximately 15 j an.10.

days (or more) prior to the meeting.

' Plant Fcotures important la Safety, instrumentation Those Subcommittee and Working February 3,1981. Washington. DC. The

= 30.The State should have availublo Group meetings for which it is Subcommittee will disms: the NRC bnth field and laboratory anticipated that there will be a portion definitions of the terms " safely grndn",

inatrumentation sufficient to ensure the or all cf the meeting open to the public

" safety related" and "important to licensce's control of materials and to are indicated by an asterisk (*). It is safety" as developed for testimony validais the lleensee's measurements, expected that the sessions of the full related to the Three Mile Island Unit 1 s.The State will submit its list of Committee meeting designated by an restart, as well as review the gernric instrumentation to the NRC for review.

asterisk (*) will be open in whole or in implications of the use of these Arrangements should be made for part Io the public. ACRS full Committec definitions in the licensing process.

cabbruting such equ!pment.

meetings begin at 8.30 a.m. and Notice of this meeting was published b.1.uboratory. typo instrumentation Subcommittee and Working Group lan.19.

should be evailable in a State agency or meetings usually begin at 8:30 a.m.The WRCSofety Research Program, through a commerclul service which hus time when llems listed on the agenda February 4.1981. Washington, DC. The the capability for quantitutive and will be discussed during full Committee Subcommittee will discuss NRC's long.

qualitutive analysis of radionuclides meetings and wher Subcommittee and range safety research plan and ACRS cssociated with naturat urunlum and its Working Group meetings will start will comments on the Office of Nuclear decay chain. primarily: U 238. Ra.226.

be published prior to each meeting.

Regulatory Research response to ACRS 1h.320. pb 210 and Rn.222. In a variety Information as to whether a meeting has recommendations in NUREG4009.

of sample media such as will be been firmly scheduled, canec11cd. or Notice of this meeting was published encountered from an environmentn!

rcscheduled, or whether changes have Jan.21.

sampling program, been made in the agenda for the

'Sofety Philosophy. Technology and Analysis and data reduction from February 1981 ACRS full Committee Criterio. February 4.1981. Washington, laboratory analytical facilities should be meeting can be obtained by a prepaid DC. The Subcommittee will discuss the stallable to the licensing and inspection telephone call to the Office of the proposed Near. Term Co..struction i

euthorities in a timely manner.

Executive Director of the Committee Permit. Notice of this meeting was Normally, the data should be aval%ble (telephone 202/634-3267. ATTN: Mary E.

published Jan. 21.

within 30 days of submittal. State Vanderholt) between 8:15 a.m. and 5:00

Reactor Radiolog/co1E//ects.

acceptability of quality assurance (QA) p.m.. Ea ster Time.

February 5.1981. (1:00 p.m.),

j programs should also be estab!!shed for Washington, DC.The Subcommittee is ths cnalyticallaboratories.

ACRS Subcommittee Afeet/ngs to review and comment on the NRC l

c. Arrangements should also be

Fort St. Fro /n. January 27.1081, at Staff's paper to the NRC Commissioners f

completed so that a large number of alte. nent Longmont, CO. The on the current status of thinking and i

I I

Ii

cooerst Megtster f Vit. 48. No.136 / Thursday. July 18. 1961 / Natlees 30969 the enforemment of the opereting rslo and (46 FR 7540-7H4 I'R Doc. 31-1418), b this notica.If Ce initid $nding timet:ble are adequete for h sete operenon NRC published Criteria for Guidance of concludes that there have not been any cf paseorger trains over this district. (R-41" States and NRC in Diacontinuance of significant changea.reqtsest for so)

NRC Regulatory Authority and reevaluation may be subralttad for a Ra'1roed: # cod-on Co///s/on Between Assumption %ereof by States nrough period of 00 days after the data of the Bnhimore & Ohio Rollroad Company Agreement. As pubilsheit at 46 FR TH4.

Toderal Register notjes.The results of Train No. Se and the Brunsw/cA #c/per Col.1. Criterion 2sf. which states

tan any reevaluations that are requested 7e33-7543 Neor Germonhwn. Maryland, on inslor construction prior to will also be published in the Federat Tebrvory A 2981(NTSB-RAR-8J-6).-

completion of the aforementioned Register and copies sent to the Recommendationa issued lune 23 to -

stipulations."la insce irate.This Wa shington and local public document Sahlmore # Ohlo Rollroad Company.

document correcia the text of Criterion rooms.

Estabitsh a tmin rvporting procedure et 23 by revialag paragraph L to read as A copy of the application for Rods and stallarlocations. that wiu eneble follows:

operating licenses and the antitrust each train dispatcher and the tower opentor.

f. A ben on sne)or conetruccon prior to information submitted are avallable for in advance and to the rest of the tisirs to compleun of the w-Itter "vironrnental public examination and copying for a hete a record of the times tisins pens the analysts stipulated in ( 'elon8t" fee at the Commission's Public u te t e a canied by the Old FOM PWM !NPOW ADON CoorTACn Neumul Room. W prnW.W.

Mala une and the Baltimore Terminal John F. Kendig. Office of State Programs. Washington. D.C. 2055' ed in the local dispatchers to deterszirw if the[ust the Nuclear Regulatory Commission.

pub!!c Document Rooms at the Audubon an manageable. lf either is not. e We shington, D.C. 20555. (301) 493-ge;rs, Library. Wert reciliana Branch.

]

workloads so that each dispeicher has a atenageable assis'unent. (R-et-7tl Dated at Washingtor. D.C. this 1oth day of Ferdinand Street St. Francleville, Redeslan the Daltimore train dispatc.her's July teet.

laulslana and at the14alalana State ornes to provide facitides band on g=d For the Nuclear Regulatory Comunission.

Unlursity. Conmment Document human engineering principles and to Samuel J. Ch!!k.

Department. Baton Rouge. Imulelans.

eliminate the curnot disinctions and Secry'eap ofthe Commission.

Any person who desires additional uncomfortable environment (R-al-r2) puta ei.ametrs.de-t m He !

Informstion regarding the matter Upgrade the redio system to eliminate the om.o coig r, w3.se covered by th!s notice or who wishes to marginal coverage one between BamuvtUe have his views considered with reepect and Celthenburg. (R-81-73) to s!gnificant t.hanges related to Federot Rollipod A dmin/stration: Es ta blish (Docket Nos.84-454 and 50-439]

antitrust matters wttch have occurred in reguleuons that would require all trains the apolicant's activltles alace b opereung on main inch to be equipped with Gulf States Utfuties Co, Cajun Electric an operable radio. (R-79-73)(This reitersted Power Cooperative; Receipt of construction permit antitrust reviews for recommenda uon is stillin "open status.)

Antitrust Information the above-named plant should submit Note,--Sin e copin of Board wporta en such requests forinformation or views Gulf States Utilities Company, on to the U.S. Nuclear Regulatory I e le t.Copl of'ec' e ja behalf of itself and Cajun Electric Power Commis alon. Washington, D.C. 20555, r

testers, neponses and related correspondence Cooperative, has filed antitrust Attendor.: Chief. Utility Finance Branch, are also free of charpe. All requests must b, informadon for their applicatloc for Office of Nuclear Reactor Regulation. on in writing. identified try recommendation or operating licenses for the River Dend or before September 14.1981.

, report number. Addren nquest to: Pubhc Station. Units 1 and 2. This information Inquirin Section. Hedonal Transports Uon was filed pursuant to Part 2.101 of the p.,,d at Bethoeda. Wryland. this 30th dey Safety Doerd. Washington, D C. 20sH.

Commisalon Rules and Reguladons and of gone teet Wittple coptes of Board reports may be is in r.onnection wit:s the owners' plana yor the t. cleet Regutatory Commtwn.

purthesed from the National Tectuilcal

^"

Informstion Service. UA Department of to operate two bolling water reactors in Commerte. Springfield. V e. 22101.

West Feliciana Parris Louisiana.The chief. l.icensiv Bronch Na z. Dirlss.onaf application contains antitrust

"# D He USC.1903(eX419o6) informstion for review pursuant to NRC P'D"'"'"'""""*8**l Margaret I. Mahee.

Regulatory Culde 9.3 to determine bderalRegister Uaison Officer.

whether there have been any algnlDcant July 10.1981, changes since the compledot, of b Ira D s en-escu rm.d Most enes t antitrust review at the consu uction g

osaao caos cie.*.a permit atage."Ihe rematader of the application for operating licenses is Loulalana Power & tJg*tt Co.I currently undergoing acceptance review. Avattability ot Bafety Evahrstion

+

NUCLEAR REQUL.ATORY Following docketing. a nouce wiu be Report; Waterford Steam Electric CotAMISSION pubitsbed in the Federal Register.

Station,Unft 3 cetterta for Guidance of States and Following completion of staff antitrust Notice la hereby given that the Offlee review of the above-named app!! cation.

of Nuclear Reactor Regulation has NRC in Dlacontinuance of NRC the Director of Nuclear Reactor pubilshed its i defy Evaluation Report

'1 Regulatory Authority and Amaurnption Reguladon willissue an initial finding as relating to the proposed operation of the Thereof by States Through to whether there have been "significant Waterford Staam Uectric Sta tfor. Unit Agreement; Statement of Polley changes" under section 105c(:) of the

3. to be located in St. Charles Parish.

Accecv: Nuclear Regulstory Atomic Energy Act. A copa of this Loulslana.Notics of recadpt of the Commloelon.

nnding will be published in the Federal application by the 14ulalana Power &

ACTioet Revision of Criterion 29f.

Register and wiu be sent to the IJght Company to operate the Waterford Washington and local public document Steam Electric Station. Unit 3 was susansAny:In a Federal Register rocma and to those persons providing published la the Federa! Regietar on docut '.ent pubtlabed on January 23. ? 981 commenta cc informadon in response to January 2.1979 (44 FR 125). -

(

[t s

_ _ _ _ _ _ _ _. _ _ _ _ _ _ _ _ _. _. _. - - - - _ - - - - - - - - - - - - - - ' - - - - - ^ --"-

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

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1 W

g' 33378 Federet Register / Vol. c No.141/ Thursday, July 21, 1983 / Notices -

j devisse end has chosen one for twther 5

the bettery : arglas erstem which lelesled NUCt. EAR RESULATORY -

4 l

dowlopment.

la the loceme. re meabine reem et a mala

C008MISS10N. ~

Amerdeen AuWdr IMarAs Assesfeidear Ap. - eentrol peneh hm le else a fault tidld E

at Aap

W15 Reform he membwe of the -

Indienting no bettery sherse in the empneer's Discontinuanes of MRQ Authority and

'i

. c8'ouestoness of the seeldent in perteles.

esb. R-eHt: AEM-y locomotives bee only

= Assumptionhereof by States -

_ New Monica.on jene at test end wularp. three critical systems eennected to the -

Drougli Agreement-Celteria for i

Oddance of Stater and NRC t entent hen i e he been wa the

.. pipehne fasania how been demeasd.

white end red strebe hghts to the bettery olde ? Aosssev: Nuclear Regulatory 1

Mounsels aeth Ap. A Wend.de All tect'or. A-dMt Medined Commiselon. >

of the voltageSe Fenest "Q"Trein Order to actione Statement of policy: Revision.

Ilmus alen3[Systempre uses the wading o

-t body of the tre a ad t

svisasAsm Criterion 9 of the NRC's 88*d I'm "mdeced" w *mtriswd," A dD-Policy for Discontinuance of Authority j

+

workere and which are strictly enforead.

R Dellem steemmedetka est the dated Jannery 23.1981 appearing at 46 The Ces Service Company fKenees C/ty.

monimm alloweble sped of a leesmouw be FR yMO-7846, deals with weste disposal.

Mimanm) Apr.& Ars-en -et end-yg leeued weliten pelley l, Aprilley, poewd in a eeneplowee leesden edlemat W 11 sistes that the standards for disposal

+

eeneerning it) the need to estebhah and the operating peeltion le met wonented into air, water and sewer. and buriel in ment:tein less of semmonloeuen with sittee.

beesues alllesomedves operating within the e with 10 CFR soll shall be in accordanc.s regulation 10

- end othere releuve to public worbe peolects. -

Northeast Corridor heve mealmem alloweble g

g 121 paying strict ettention to requets for speeds which are goedened by their operating CFR Pa*t St.which became eflective

feeluty leeenone and keeping proper records. connguretton and which are subject to track 111 maintelning neld contest with contractors speed restrictione. A-C M Believes that the December 2y.1933, provides licensing doing eacevat na work, along with continued provielone of og CyR t.4.37 as renected in procedures, performance oblectives.

neid sheervation of work progeen, so se to rule se of Amirek's operating rules are technical requltements and financlel meintela latogrity of markers etc and (4) odequate to provide protection egelnet

. assurance requirements for the issuance

. Mquiring that on.ette inspectione in areas of following moves in estomatic block territory, of licenses by NRC for the land disposal excavetion include being sure peeviously -

A-aMr end-se lloids a S day training close of most wastes that are commonly lastelled merkm are visible end senaulble.

for transportetlen :_;.". and trein referred to as low level weele. In Ixtredvoed a new " Request to tacete Fona" diepeichers that focuseo directly on the addition. the Nuclear Weste Policy Act se e reened of regwete for leestione proper late,prolestee of operating rules and of1963 "utres that the NRC and the In toy isst. Amte continselty otroom instructions and holds a 6 week review thst proper receeds mat be kept se se to progrem in trene etion me ment for D#

d' "d # "

certeln stated financial arteneements document say work effort. P-78-rf end-rat trelameetm o reed foremen, Illinerosse A pmcodere wee written into the Operation, the length of its annual operating rulee Prior toissuance of a Heense for b level radioactive weste disposal or in i

- M2intenenee sad ineputton Manoelin May requallAcellon elemte for trole end engine the case of licenses in effect. prior to lefs regarding Mpelre. especially regarding personnel A-aMfe Believes that the fonnet the need to eenender downwerd a revleien of sad structure of the Northeset Corrider termination of such licenses.De presentes and/or the shutdown of a pfptng Timetable le not undly esoplex sonaldering financial arrangements are 1o cover j

j,'

- ","M,,*g" that, although it may in letal be e "foroudeble - completion of all requirements for the document? Its schedulu are errenged by decontamination decommlesioning.elle u how to properly install verton repel, Attinse and te pertedicelly check repelt AtUng division, and although es Special closure and reclamation of sites, elech to be sure of sentinued property so es Instructions am enensed is relottenship to structures and equipment used in to be ready for see.F-FN2 A revloed the opmung rulw and m embint mener, e -

conjunction with low-level wesie plan formet was lueed la May ende eyetem le used te idenufy on which disposal.

?

19see whlmeets the requiresnents of 4e CFR divleton or divisione a given lastruction De Commleslon believes thet States l

les.818. Company Clelme Depsrtment opplies. Apr. JR A-ar4 Revised switch seeking an a ement pursuant to ponennel present sedlovtseal progreme to inspect'on and test repr t.

Section 274b the Atomic Energy Act Are departments, along with dispensing New/*reer Depertment of Trensportefien:

of 1964. as amended, to regulate land

- hendeot t informstun.F-rs-reItes Apr. It A-8bf07: Electric lock mechenless regelred I see of flame-sterdent clothing for feeing point switches beve been requested disposal of radioactive weste should

+

senes Deeseher 1979.

la the FY e4 Capital proyam.

establish standards for disposal which

. US Aesserch endSpeelof Protreme The AleWoor6 Topo&e endsesse pit are in accord with the appiluable Adminletretion:Mer.21:Ary-at: P-is4 -

Aallway Companyt Apr. se A.a.t techalcal deflaltlans, performance J7. end-de AFe Jr end-Jdt P-75-I. -F. end Reeveleeled its practless and r. - _ _ _"_u la objectives, techalcal requirements, and

-A P FM. -fa-f4 -43. -44. -d1 andWet-A the inspectlen sad meintoasses of special financial asrurance requirements of 10 F1,H. -31 end-Jet F-*f f. -44. -en track arose

CFR Part et and the waste transfer and manifest system prescribed in 10 CFR

~

end P.e ered L S? espies *ef these roepense Part 30. For the waste snanifest system AR -

sad e.e fr Response letter eneusertnes the letters are evellable en written regeest to:

l actions teken by the Dept. of Trensportetton public inquiries Sectise6 Nattenal to function effectleely on a national j

- as tapewee the public esfety in the pipeline Tronoportetten Safety Seerd. Weeblagoon, besie, it le necessary for all licensees.

l

. treneportetten of natural see end hqeld DC soses. Please include reopendente name, both NRC and Agreement Stato, to t

heuenloos meterteles and the reletteeship -

date of letter, and resemmendation member (s) follow the same system.%us, the

. beNesen these actione end the as in your request.The,-L -, : wGI be Agreement States are expected to adopt messenendatione listed. -.

billed et e oest of so sente per page (33 and implement thle' system for their RaGreed--Wetienel Aellised7 -.am uninimum charge).

~

licuses.

A C.;.,

1 -(AmedrueAMer.37:A-es herefore, the NRCle revleing

' beedineoeses have pleasd b original H. Rey Behh. A Criterion 9 tohciede tsfemnce to the egelpeent strebe lishte en the bettery elde of pl,,serof Aaydega.gA,A, gjjygese, PerfoImance objectives, technical

~ the% --

of all ADS-Fleesmettvu se.

thet the lights artB remain en after a bettery. I"'I II' iM.

T18 and financial assurance protester arty. A awm oris sel erquest of pu se6ewoners.ssenee ses

_,,__...xte centained in Part el and e

the AD8-Finsledes a DC surrent meterla - - smaaes esse emes.a the waste transfer sInd manifest system J,

~

n

,-.a_.._-_,.._-,.,..

77

. -.., -. ~.,.

~-w

.t

-l

(.

Federal Register / Vol. 48. No.141/ 'Itursday, July 21, 1983 / Notices 33377 contained in Part 20.no revision also requirements and applicable eupporting one residual heat removal system 24 antistles the provisions of the Nuclear sections set forth in to CFR Part et.

Inch weld. AllIndications were reported Waste Po!!cy Act of 1982. Criterion 9 Adequate financ!al arrangements (under to be parallel to the weld in the heat.

w!!!be usedin judging the adequacy terms established by regulation) shall be affected. zone.ne deepest Indicatlo.t cnd compatib!!1ty of that aspect of a required of each westa disposal site reported in the 12.lach riser welds is State's regulatory program for regulating ITeenses to ensure sufficient funds for 32% of wall thickness.no deepest land disposal of low. level radioactive decuntamination, closure and indication in the large.stre pipe wele s Is waste. No additional revisions to the stabilization of a disposalsite.In 42% of the wall thickne s in a 22. Inch criteria are considered necessary at this addition. Agreement State financial mantfold end cap weld.

time to enter into an agreement with a arrangements for long. term monitoring.

Evaluation by the licensee, submitte i State which includes authority to and maintenance of a epecific site must by letters dated May 26 and lune 0.19sa regulate low. level radioactive waste be reviewed and approved by the Indicates that the projected crack stres, disposal.

Commission prior to relieving the site due tointergranular stres corrosion ior Agreement States currently operator of licensed responsibility cracking (IG" 'I and fatigue crack regulating operating burial sites. NRC (section 151(a)(2). Pub.1.97-425).

growth In the L large dismeter has been and will continue to work with Commissioner Roberts.In defective welds at the end of an 16 the States to implement Part et disapproving, stated *'Civen the states' month fuel cycle would be within the provisions on a case.by. case basis, to and the public's interest in all aspects of ASME Code limits.

the extent practicable.na waste our waste disposal regulatwns and ne licensee's evaluatlon also showed transfer and manifest system.10 CFR guidance, this revision should go out for that the 2312. Inch riser welds and the 20 311 becomes effective December 27, public comments.**

four 22. Inch manifold end cap welds 1963. On an interim bests, arrangements De ted at Washin2 ton. D.C. this 14 th day of required repair for continued service e are being made with the Agreement July,1983.

because their calculated projected Stales regulating the existing burial s!!es For the Nuclest Regulatory Commission.

cracks would exceed the Code limits at to implement the waste classification Samual ). Chl:k.

the end of an 16. month fuel cycle.

system and waste transfer and manifest Secretory of the Comm/ss/on.

All 23 of the defective 12. Inch riser system through the burial site licensees.

m m,.a,s.

i welds and three of the four derc;tive ron runTwan twonuATiou coNTACTt puneo coot tsem.as end cap welds WCre repaired using a Kathleen N. Schneider. Office o! State weld overley process.ne remaining Programs, U.S. Nuclear Regulatory end cap was replaced.no licensee's Commlaslon. Washington, DC 20555.

IDocket No. 50-3861 evaluation showed that each weld telephone: 301-492-0893*

overley was desfgned such that the weld Georg!a Power Co. et al.! Confirming sveruurwTany twonuaTioec Criterion Ucensee Commitments on Pipe Crack joint meets the ASME Code Section !!!

9 la revised to reed aa follows:

Renated lasues requirements. Including fatigue. The predleted ultimate failure load based on I

tearing modulus approach was

9. Radioactive Waste Disposal.

The Georgia Power Company (CpC or calcula ted for each overlay design. no (a) Waste disposal by material users.

the licensee) and three other co. owners ultImste failure load was shown to be at ne standards for the disposal of ara the holders of Faci!!ty Operating least three times the normal applied radioactive materials into the air, water ucense NpF-5 which authorizes loads, which provides a safety marnin and sewer, and burf al in the soll shall be operation of the Edwin I. Hatch Nuclear larger than that inherent in the Code.

In accordance with 10 CFR Part 20.

Plant. Unit 2 (Hatch or the facility) at ne staff has reviewed the licensee's Holders of radioactive material de: Iring steady state reactor power levels not in submittals including analysis of weld to release or dispose of quantitles or excess of 2436 megawatts thermal.The overlay design sad the calculation of concentrations of radioactive materials facility is a bolling water reactor located ICSCC crack growth, based on current in excess of prescribed limi't shall be at the licensee *r site in App!!ng County, crack growth datn. to support the required to obtain special permission

Georgia, continutr g service for an 18. month fuel from the appropriate regulatory cycle with the 25 overlay repaired 12 authority.

U Inch riser and 22. Inch manifold end cap Requirements for transfer of waste for During the current 1983 refueling welds, and the 12 unrepaired large.

the purpose d ultimate disposal at a outage et Hatch Unit 2. augmented diameter defective welds.

land disposal facility (wesie transfer Inservice inspection was performed on ne staff has performed independent and manifest system) shall be in the recirculation reactor heat removal calculations of crack growth, alsn based accordance with 10 CFR 20.

and reactor water cleanup system pfptng on current crack growth data on the The waste disposal standards shall in accordance with Offlee ofInspect!on worst circumferential mck among the include a wants classification scheme and Enforcement Bulletin 83-02.The 12 large-diameter defective welds. Our and provistons for waste form, original sample size was expanded to calculated final crack depth at the end applicable to waste generators, that la 108 welds after ultrasonic Indications of an16 month period meets the Code equivalent to that contained in la Cm were reported on welda la the e-iginal limit with adequate margin.Therefore.

Part 81.

4 sampling. Welds mostlikely u : rack based on the stafra calculations and (b) land d!sposal of waste received were selected for'the expanded review of tholleensee's analyses using -

from other persons.The State shall inspection.Overall,out of a totalof too current crack growth data. we conclude promulgate regulations contain!ng welds inspected, a total of 39 were that the continuous service of the 12 Licensing requirements for land disposal found to show linear indications which large-dlameter defective welds without of radioactive waste received from other consist of 2312. Inch riser welda, four 22-repatr for one 15-month fuel cycle would persons whIch are compatible with the inch manifold end cap welds, nine 28-be acceptable because the Code design app!! cable techn! cal defin!!!ons, inch rectreulation welds, two restdual margin is malntained. However, recent performance objectives, techcIcal heat removsl system 20 Inch welds and fl eld experience has indicated that the b

d

+

reveras magneter i vrL 90. No. 205 I Wednesday. October 25. 1995 / Notices cf the Atomic Erwrgy Act tf1954,as Ridge. IN 37830. ATTN:Mr. Arthur J.

available for public inspectirn at the aironded,with NRC t) regulate,inapact Palmer. !D. and Commluion's Public Documet Room.

or obrwise exercles control of 2.The NRC staff, by delivery to the b Gelman Building.2120 L Street.

l

{

't erstions, with respect to source and Executive Director for Operations. One NW., Washington. DC. and at the local 9toduct meterial, for disposal of ht White Flint Nonk.11555 Rockville

.atcial et t!.e EW disposal facility at Pika. Rockville. MD 20652, or by mall.

public document room located at theUniversity 4chland. Washington, addressed to the Executive Director for Library. Government Documents Prior ta h issuance of b proposed Operations. U.S. Nuclear Regulatory Collection.2801 West Bancroft Avenue, renewal.NRC will have made !!ndings Comminston. Washington.DC 20555.

Toledo. Ohio 43606.

required by the Atomic Energy Act of For furht Betells with respecs to this Deted at Rockvith. mryland, thns 2rth day 1954 as amended.and NRC's action, & application for license of Septernher 1995~

regulations. These findings will be renewal is available for inspection at the For the Nuclear Reguletary Canuntasion.

docunwnted in a Sefety Evaluation Commission's Public Document Room.

Leeds 1, cendrosa.

Report and an Environmental 2120 L Street NW., Washington. DC pp,j,cvmn ge,.proAserDirectorost5-3.

Assessment.

20555.

N NRC bereby provides nodce that Division ofneoctor Protecto-lWlV.Offr-of this is a proceeding on an application Deted at nochilk.Wryland eis 19th day NucJear AwesorReguleuon.

of October tees.

Int Doc. 95-26419 Filed 10-24-45. 8:45 mml scope o b

in l

Cc.

Proadum for Adivdications in.-

Meterials Licensing Promedings of m gy % y,,,,,,g p,,,,,ju;,3jn,

c3 3,f, g,,,g,,j Evabation of Agmement Sum NRC a rules and practice for domestic hcansing pmoeengs in 10 CR Part 2.

p,,,,c,3,,3ch, om,jon,f w,,,,

Radston Contml Programs Monogement. Office ofNucisar Weersal Pursuant to 5 2.1205(s). any penon sof,rrandsefecuerds.

A0asev: Nuclear Regulat"Y w

nte y ed y e

(FR Doc. 96-26418 F1hd 10-24-45; 8:45 mal

,,jm implementation of the oaring in accordance wie $ 2.1205(c).

Integrated Materials Performance A request for a hearing must be filed Evaluation Program pending final withm thirty (30) days of the date of Ipeeset he. so.3aeg Cnmmission approval of the Statement publication of this Federal Register of Principl s and Policy for the nstice.

Toledo Edogn Company, et al.; Davie-Agrwment State Pmgram and b Policy W request for a hearing must be Sesse Nuesar Power Station. Unit No.

Statement on Adequacy and filed with h Office of b Secretary 1; Amendment to Facleity Operating Compatibility of Agreement State either.

Licene Nottee of Withdrewel of Programa.

1. By delivery to the Docketin and APP 4 cation for Amendment to Facility

%rvice Branch of the Office of the Operating Lloonee susasant: The Nuclear Regulatory

(

North Commluton (NRC)is implementing. on f5 Rockv le P vilk' g he U.S. Nuclear Regulatory an interim basis, b Integrated Commission (b Commlulon) has Materials Performanca Evaluation r I or telegram addresse i o grarr.ed b request of the Toledo Edison Program (D4 PEP) to be used in the t

Cenpanf. Centerior Service Company.

evaluation of Agreement State Programs.

the Secntary. U.S Nuclear Regulatuv and the leveland Electric illuminating To effect this implementation. 6 NRC Commission. Washington, DC 20555.

Attention: Docketing and Service Company (the licenwes) to withdrew its will suspend relevant portions of b August 18.1995, application for May 28,1992 General Statement of Branch'dition to me.. 's other Proposed amendment to Facility Policy " Guidelines for NRC Review of in ad applicable requirements of to CFR Part Operating License No. NPF-3 for the Agreement State Radiation Control 2 of the NRC's regulations, a re Davis.Besne Nuclear Power Station. Unit Prognms 1992." Management Dtructive a hearing filed by a person o@ quest for No.1. located in Ottawa County Ohio.

S.6 Integrated Materials Performance r than an appbcant must desenbe in detail:

The proposed amendment would Evaluation Program. will be used as the

1. The intest of b requestar in the have revised Technical Specification implementing procedure.

Section 3/4.7.S.1. " Ultimate Heat Sink" The NRC wdlimplement DdPf'P in proceedinb:

2. How t Interest may be affected to increase the suudmum temperature the evaluation of Agrument State by the results of 6 proceeding, from leu than or equal to 65 'T to less Pro 5rsms until such time as final ir.cluding the reasons w hy b requestor than or equal to 90 'F.

implementing procedures for b policy should be pwmitted a bearing, with The Commission had previously statements:" Statement of Principles particular toImnca to b factors set out luued a Nodce of Consideretion of and Policy for the Agreement State in 5 2.1205(x);

Imuance of Amendment published in Program" and " Policy Statement on the

3. ne requestor's areas of concern the Federal Rel ster on August 24.1995 Adequacy and Competibility of i

cbout b licensing activity that is the (60 FR 44091). However, by letter dated Agreament State Programs."and any subrect matter of h proceedinc and September 12.1995, the limnsee revisions to these policy statements are

4. ne arcumstarces utablishing that withdrew the posed change approved by the Commission (See 60 nt the request lee a hearing is timely la For furthe ils with rue to this 39+64: August 2.1995). Conforming accordance with 6 2.1205(c),

actica, em the request for en ment revisions to D4 PEP in run-tion with in accordance with to CFR discredan dated August 17,1995,the the compledom of week on those two 91.12054e), each rensest for a hearing applicstion for emndseest dated policy erstements will be done as must also be served, by delivering it August 18.1995, and the !!consee's opproprists. DdPEP will then be personally or by snail, te:

letter dated September 12.1995, which implernented en a permanest basis and S. The applicant. American Ecogwithdrew @ application for license the 1992 policy statement oc

(

orsoon.12e Franklin Road, amendment. The above deci.usesta are "Guidelinee for NRC review of

Federal Register / Vol. 60. No. 206 i Wednesday. October 25, 1995 / Not!ces 5/

p Stees Radjetjan Centrol

)

,..,mma" will be pescinded.

A;: _ t State Program sad Wev Statement on the Adoracy and CrporeGon.72517th Street NW..

sprecme savt: Otsober 1.1995.

Deagan U.S.lfuclearRegulatoryDtroedn S.6 b writing Mr. Coorge-Programs." y of Agreement State Raom 3204.Washlagton.DC20503 he Caespotibilit aconsters: Wrwed pmans swy est for opproval will be aveiltble lot obtain a single copy of "----

Low level weste.urnaliam all) or licinspection at the PSGC sealed souros and amics programs in unicadoes and Public Affairs Comsnissico. Mall Stop TD-FS.

Agreement States w!!! not be miewed Department, suite 240.1200 K Street.

Washington. DC 20$1'i, as common pr formanceindicators NW., Washington. DC 2n005, between ers these the bours of 9 a.m. and 4 p.m.

since NRC Hasdq

[th Schn e O m of p o ev fo' uation appr:4ch. Marc L. Jordan. Attorney Omcs of the.

. hash'in n

m pe orman adcat, will be Pt-Wphone (30thon 20555*

utillaedin reviews of NRC and as in o 2

15-2320.

202-2264024 (202-326-4179 for TTY supei.swaarrany eseomniations: in 1994, Agreement $4ste programasin these and TDD). (bee are not toll.fm anas.

NRC reposed a procou to evaluate

% NRC wlH miew 6 perfomancs numWsJ NRC ional prograrns and Agreement ation Control Progrsms, that Ch [ '" I'[ $ 8' d *di suppunstwfARY esponatatioN:The State Paperwork Reduction Act of1980 (44 regulate the um of radioactive meterials, willbe coord ed with the States For U.S.C. Chapter 35) establishes policies don in an integrated msnner using common performance indicators. N statt ggm and procedums for controlling 6 wi m

conducted a pilot program in 1994 with compatible paperwork burdens 'mposed by Federal thm Agreement States and two NRC extending th' the etaff will consideregencies on b public.The Act vests e current miew cycle of 2 the Omco of Management and Budget Regional rnatorials programs usin draft Management Directive 5.6. g theyears go 3 4 yean.

(OMB) with regulatory nsponsibihty

" integrated Materials Performance.

Deted at Rochville Maryled this t eth day of October,1995.

over these burdens, and OMB haa Evaluation Program"(DOEP). On lune promulgated rules on the clearance of 27.1995, the Commission approved For the Nuclear Regulatory Ceauelesion.

collections ofinformadon by Federal implementation ofIMPEP on an interim Joka C Hoyle.

"O basis. The draft Management Directive Secretaryof the Comunuslen.

De PSGC has established a tall.fn-is curnntly beleg propand in $nal pR Doc. 95 24415 Filed 10-2+-es, s.45 aml telephone urvice that gives

)

form.

a,,a,,,,,,,,,

generalinformadon concer Five cornmon performanca Indicators, rBGC a insurance program.ning b as described in Management Directive Une of the toll.fm wrvice by the general public 3.6 will be used to determine adequac PENSION BENEFTT GUARANTY hos been significantly below of materials programs Additionall. y CORPORATION Compaubihty of Regulations and

*P*CI* U *D 8' al Authorny lincluding unforcement) ill Rogueet for a Collection of Information The PBGCplans to conduct a series of be addressed as non common under the Paperwork Reduction Act; three focus groups of15 participants indicators. Existing proceduns for Customer Sessfaction Focus Groups each, and to distribute survey compatibihty determinations (OfScs of and Surveys questionnaires to the focus group State Programs B.7 Procedure) will

[ tic]i '"ta and to 150 other Anspect: Pension Beneat Guaranty continue to be utilino in connocuan Corporetion.

gy "j p g

PeMgc, Pan (and 150 e with NRC Andings on Compeubility of Regulations underIMPEP until the AnalACTION:Nouco ofrequest for OMB eyn poudents be selected largely from the w

implementing procedures for the policy approval.

41 N N articipants and P

etatements:" Statement of Principles suasmany: The Pension Benefit Guaranty bee $ciaria in coved pasion plans]

and Polic Program"y for the A'gmment State The purpose of the focus groi,as and Corporation has requested that 6 and " Policy Statemet on the Omce of Management and Budget survey questionnaires is to evaluate the Adequacy and Compatibilit Agmment State Programs."y of

("OMB") approve a new collecdon of PBGCi toll free servics and to assist h and any information under the Paper eork PBGC in making necessary nvisions to these policy statemets are Reduction Act. The purpose of this irnprovements to that service, cpproved by b Commission. N infomation ecllection, which will be 7}.e PBCC estimates that the total interim implementation ofDGEP will conducted through thm focus group annual burden of this collocuan of require the partial suspension of h meMngs and a small of number of information will be 147.5 hours5.787037e-5 days 0.00139 hours 8.267196e-6 weeks 1.9025e-6 months .The May 28,1992 General Statemut of surveys. ls to help the PBCC evalua te its PBGCis requesting that OMB ap rose Policy "Guidehnes for NRC Review of toll'It'e teleP one service providing h

this collection on an om Agreement State Radis tion Control basic informatfon about the PBCC n

is so that needed improvemen in e toll.

Programs,1992"(57 FR 22495). The h*RC will only continue to apply b insurance program Im service ces madua een as single program element of the 1992 Batti: b PSGCis requesting ht

possible, Generst Statement of Policy entitled OMB opprove this request by Novemberissued at Washington.Dn, this 23rd day 1.1995,

" legislation and Regulations "NFC will of Octobot. mL nscind the entire 1992 General acoststsas: All written commets (at Marna saare, Statement of Felicy upon Anal opproval least thm copies) should be addmsed Emeeurne Duector. pension sen,pr cuarant,i and implementation of the " Statement to: Omco ofInformation and Regulatory Corp 0'eLon.

Affairs of OMB, Attention: Desk Omcor af Principles and Polley for b for the Penalon Benefit Guaranty IFR Doc. 95-29424 Filed 10-2s-et 8 e5 emi T

anuais esse rism.e

a m

L

~

Federal' Register / Vd.'62 No. ~200 / Thursday October 16,1997 /: Notices 53839

~

. emissions to an average flux of no more in addition to meeting other

. has been appointed to assist the '

Presiding Omcor in taking evidence and - than 20 pC1/m.s/s above background:

applicable requirements of 10 CFR part in preparing a suitable record for for the inactive impoundment '

2 of the NRC's regulations, a request for review.

. (enhanced barrier)-December 31, -

a hearing filed by a person other than an applicant must describe in detail:

All correspondence, documents and -

1999; other materials shall be !11ed with judge for the A-9 impoundment--December (1) The interest of the requestor in the,

Bloch and Judge Kelber in accordance 31,2003;-

pmceeding:

with 10 CFR 2.701. Their addresses are: for the Heap Leach impoundment- -

(2) How that interest may be affected -

December 31,1998.

by the results of the proceeding.

Administrative Judge Peter B. Bloch, Presiding Officer, Atomic Safety add B. (1) Placement of erosion protection including the reasons why the requestor,

Licensing Board Panel.U.S. Nuclear as part of reclamation to comply with should be permitted a hee'ug.with Regulatory Commission, Washington, Criterio16 of Appendix A of 10 CFR.

particular reference to the factors set out in 5 2.1205(g);

. Part 40:

DC 20555 (3) The requestor's areu of concern -

a-Dr. Charles N. Kelber, Special Assistant, --for the inactive impoundment-- c-

- - about the licensing activity that is the

- Atomic Safety and Licensing Board December 31,2002; subject matter of the proceeding; and Panel. U.S. Nuclear Regulatory for the A-e impoundment--December e (4) The circumstances establishing Commission, Washington, DC 20555 31.2004; that the request for a hearing is timely for the Heap Leach impoundment-in accordance with $ 2.1205(c),

lasued at Rockvtlie, Maryland, this 9th day December 31,2001.

The request must also set forth the of October 1997.

Umetco's application to amend LC 59 8Pecific asyect or aspects of the subject R. Paul Couer*

of Source Material License SUA-648 '

matte of tne proceeding as to which CMefAdministmt/veJudge. Atomic Safety which describes the reposed changes Petitioner wishes a hearing.

to the license condition and the reasons IFR Doc. 97-27423 Filed 10.-1be7; 8:45 aml for the request is being made available.

Deted at Rockville. Maryland,this 8th day su m coon m 4 for public inspection at the NRC's of October 1997.

Public Document Room at 2120 L Street, Joseph J.itolanich, NW (Lower Level), Washington, DC Chief, t/runfum Recovery Bmnch. Division NUCLEAR REGULATORY 20555.

of Waste Management, Office of Nuclear COMMISSION

^

The NRC hereby provides notice of an MaterialSafety and Safeguards.-

(Docket Number 40-0299) opportunity for a hearing on the license (FR Doc. 97-27418 Filed 10.-1997; a:45 aml amendment under the provisions'of to

,u,a coe, m,

Umetco Minerais Corporation; Notice CFR Part 2. Subpart L. " informal of Opportunity for a Hearin9 Hearing Procedures for Adjudicatione in Materials and Operator Licensing NUCLEAR REGULATORY u-AGENCY: Nuclear Regulatory Proceedings." Pursuant to $ 2.1205(a),

COMMISSION Commission.

any person whose interest may be Evaluation of Agreement Stata ACTION: Notice of receipt of application, affected by this proceeding may file a mY1 sto es ' request for a hearing. In accordance Radiation Control Programs c

g t r a "I

8 AGENCY: Nuclear Regulatory in Condition 59 of Source Material mn d

th Commission.

~

License SUA-648 for the Gas IIllis,. " publication of this notice in the Federal ACTION: Implementatlon of the Wyoming Uranium Mill.

d' Register. The request for a hearing must be filed with the Office of the Secretary, Integrated Materials Performance either: '

Evaluation Program and rescission of a.

suuaAARY: Notice is hereby given that the U.S. Nuclear Regulatory (1) By delivery to the Docketing and ' final general statement of policy.

Commission (NRC) hat received, by Service Branch of the Office of the suseWARY:TheNuclearR ul letter dated October 3,1997, an a Ono te Flin Commission (NRC)is im emen ngthe application from Umetco Minerals R

Integrated Materials Performance Corporation (Umstcol to amend License 208 Evaluation Program (IMPEP) for the -

Condition (IL) 59 of its Source Material

{2) y mail or telegram addressed to evaluation of Agreement State programs.

License No. SUA-648 for the Gas Hills, the Secretary, U.S. Nuclear Regulatory NRC la rescinding the May 28,1992, Wyoming uranium mill.The license Commission, Washington, DC 20555, General Statement of Policy " Guidelines amendment application reposes t Attention: Docketing and Service for NRC Review of Agreement State modify 14 59 to extend e completion dates for placement of the final redon

$chacE:ordance with 10 CFR 2.1205(e),

Radiation Control Programs,1992,"

B since it is now superseded.

barrier and the erosion protection cover each ]unst for a hearing must also bey delivering it personally or by The NRC Las issued the final policy for the inactive, the A-9, and the Heap serve Leach impoundments, mail, to:

FOR WRTHER INFORMATION CONTACT:

(1) The applicant.Umetco Minerals and Policy for the Agreement State Corporation,2754 Compass Drive Suite Program" and " Policy Statement on the Mohammad W. Haque, Uranium 280 Grand Junction. Colorado 81506-Adequacy and Compatibility of Recovsry Branch, Division of Weate Management. U.S. Nuclear Regulatory 8741, Attention: John S. Hamrick; and ' ' Agreement State Programs " (See 62 FR Commission. Washington. DC 20555.

(2) The NRC staff, by delivery to the 48517; September 3.- 1997). Conforming Telephone (301) 415-6640.

Executive Director for Operations. One revisions to D,fPEP la connection with s@Pt.EMENTARY WWORn4ATION:The White Flint North.11555 Rockville,

these two policy statements have been Pike. Rockville, MD 20852 or by mail completed and are reflected in the portion of LC 59 with tne proposed '

changes would read as follows:

addressed to the Executive Director for implementing procedure, Management s

A. (3) Placement of final radon barrier Operations U.S. Nuclear Regulatory Directive 5.6, integrated Materials designed and constructed to limit rudon Commission.Washingtnn DC20555.,

Performance Evaluation Program.

e

N

\\

t C3840

- Federal Register / Vol. 62, No. 200~ / Thursday, October 16,1997 "/ ~ Notic:s

{

EFFECTIVE DATE: October 1,1997.*

-For the Nuclear Regulatory Commission.

The conclusion of the evaluation is that I~

no further enforcement action is. ?

John C. Iloyle, warranted for those issues and LERs that ~ (

ADDRESSES: Interested persons may Secreatyof theCoaunission.

tbtain a single copy of Management (FR Doc. 97427424 Fued 10-15-97; se aml will be resolved through the normal are closed. LERs which remain open Directive 5.6 by contacting Nancy i

f 8" N C008 75* H H-#

[lfection and enforcement process and Belmore, Office of State Programs, U.S.

be addressed in a Fhal Director's

(

Nuclear Regulatory Commission *,

^ ^ Decision after the NRC staff has Document Control Desk, P1-37' NUCLEAR REGULATORY Washington, DC 20555, telephone. -

COMMISSION completed its evaluatious. The reasons a

. for the staff's conclusions are provided i

(301}-415-2326-

_ in the " Partial Director's Decision FOR FURTHER INFORM TION CONTACT:

Pursuant to 10 CFR 2.200" (DI)-97-25),

Kathleen N. Schneider, Office of State Vermont Yank'oe Nuclear Power ;

the completo text of which follows this Progranu, U.S. Nuclear Regulatory Corporation, Vermont Yankee Nuclear nouce and is avaHable for pubhc Commission, Document Control Desk, Power Station;losuance of Partial inspection at the Commission,s Public P1-37, Washington, DC 20555,.

- Director's Decision Under 10 CFR

. D cument Room, the Gelman Building, i

telephone (301)-415-2320.

2.206 2120 L Street.NW., Washington, DC 4

SUPPLEMENTARY INFORMATIONi in 1995, Notice is hereby given that the 20037, and at the local public document NRC implemented, on an interim basis, Director, Office of Nuclear Reactor room located at Broob Memorial a process to evaluate NRC regional Regulation, has taken action with regard ubrary,224 Main Street, Brattleboro, licensing and inspection programs and to a Petiuoc dated December 6.1996, VT 05301. A copy of the Dectilon will Agreement State radiation control -

submitted by Mr. Jonathan M. Block, on be filed with the Secretary of the Commission for the Commission's '

programs that regulate the use of -

behalf of the Citizens Awareness radioactive materials in an integrated Network. Inc. (CAN). The Petition review in accordance with 10 CFR manner using common performanco requested evaluation of certain.

2.206(c) of the Commission's v

indicators (see 60 FR 54734; October 25, Memoranda enclosed with the Petiuon regulations. As provided for by this

- 1995). The NRC staff conducted the relating to the Vennont Yankee Nuclear regulation, the Decision wul become the interim program using Managernent Power Station operated by the Vermont final action of the Commission'25 deys Directive 5.6, " Integrated Materials Yankee Nuclear Power Corporation after the date'of issuance, unless the Performance Evaluation Program" dated (Licensee) to see if enforcement action Commission, on its own motion.

is wananted.

institutes a review of the decision in g

September ;2,1995. On June 30,1997,

- The first document enclosed with the that time.

'4-the Commission approved SECY Petition is a CAN Memorandum dated Deted at Rockville, Maryland, this 6th day 054. E'inal Recommendations on Policy December 5,1996, that reviews

, og oc,g,39,7, Statements and implementing information presented by the Licenseo For the Nuclear Regulatory Commission.

Procedures for:" Statement of Principles at an enforcement conference held on samuey, comna and Policy for the Agreemant State Program' and " Policy Statement on the [u Director. Office ofNuclear Reacte 23 9 o in a

mmn 8#8"l#"'

Adequacy and Compatibility of residual heat removal system. CAN raises a concern that the corrective Partial Director's Decision Pursuant to Im ingI EP w t th action taken by the Licensee in o ening to CFR 2.206 uding revisions as a result of these valves may have introduce an I. IntroIuction corres the fina policy statements.The revised

- I'ty question with regard Management Directive is currently being [

g,g,,

prepared 4.n final forra to incorporate the The second document enclosed with M. Block, submitted a Petition to the -

final policy statements atid comments the Petition is a CAN Memorandum,

Office of the Secretary of the U.S.

received durm, E Interim implementation dated December 6,1996, that contains a Nuclear Regulatory Commission (NRC) ofIMPEP from the Regions and the review of certain 1.icenseo Event Reports Pursuant to Section 2.206 of Title to cf Agreement States.

(LERs) submitted by the Licensee in the the Code of Federal Regulations (10 CFR NRC is rescinding the May 28,1992, latter part of 1996. Various issues are 2.206).The Petition was submitted on behalf of the Citizen's Awareness "NRC Review of Agreement State presented, such as fire protection, tornado protection, thermal protection Network, Inc. (CAN or Petitioner), and Radiation Control Programs: Final General Statement of Policy," on for piping lines, equipment operability, contained two Memoranda from CAN.

October 1,'1997 This policy is

,and equipment testing. On the basis of The first Memorandum enslosed with superseded by IMPEP, which is no '

-its analysis of the LERs,CAN reaches the Petition is dated December 5,1996.

longer considered an interim program.

certain conclusions regarding the It reviews information presented by the

~

Vermont Yankee Nuclear Power performance of the Licensee and actions Corporation (Licensee) at a sMALL BUSWESS REQUt.ATORY that should be taken' e documents, CAN' predecisional enforcement conference -

ENFORCEMENT FAIRNESS ACT:In On the basis of thes 1

accordance with the Small Business requests that the NRC determine held on Jul 23,1996, involving the Regulatory Enforcement Fairness Act of whether enforcement action is minimum ow valves in the residual 1996, the NRC has determined that warranted pursuant to 10 CFR 2.206.

heat amoval(RHR) system at the Management Directive 5.6 is not a major The Director of the OfSce of Nuclear Vermont Yankee Nuclear Power Station rule and has verified this determination Reactor Regulation has granted the (Vermont Yankee facility). CAN raises a with the Office ofInformation and Petition in that the NRC staff has concan that the corrective action taken Regulatory Affairs of the Office of evaluated the majority of issues and by the Licensee in opening these valves Management and Budget.

LERs raised in these Memoranda to see may have introduced an unreviewed Dated at Rockvi'Ja Maryland this 7th day II enforcement action is warranted based safety question with regard to of October,1997 upon the information contained therein. containment isolation.

__

ML20203G199

Text

SUMMARY

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