ML20207A386

Transcript of V Stello Prepared Testimony Before Senate Subcommittee on Surface Transportation Re Reauthorization of Hazardous Matl Transportation Act.Commission Policy Statement on Transportation & MOU Between NRC & DOT Encl

ML20207A386
Person / Time
Issue date:	05/12/1987
From:	Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
References
NUDOCS 8705190233
Download: ML20207A386 (12)

Text

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O PREPARED TESTIMONY SUBMITTED BY THE UNITED STATES NUCLEAR REGULATORY COMMISSION

'TO THE SUBCOMMITTEE ON SURFACE TRANSPORTATION SENATE COMMITTEE ON COMMERCE, SCIENCE AND TRANSPORTATION CCNCERNING SURFACE TRANSPORTATION REAUTHORIZATION OF HAZARDOUS MATERIAL TRANSPORTATION ACT PRESENTED BY VICTOR STELLO, JR.

EXECUTIVE DIRECTOR FOR OPERATIONS t

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SUBMITTED MAY 12,71987

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Mr. Chairman and Members of the Committee:

I am pleased to have the opportunity to appear on the Federal Panel testifying on the reauthorization of the Hazardous Materials Transportation Act (P.L.93-663).

I would like to fresent an overview of the role of the Nuclear Regulatory Commission (NRC) and our interactions with the principal federal agencies in radioactive material transport.

I would also like to address the Office of Technology Assessment report of July 19, 1986 on the Transportation of Hazardous Materials.

Roles of Federal Agencies The transport of radioactive material is regulated principally by the Department of Transportation (DOT) and the NRC.-

The DOT, under the Hazardous Materials Transportation Act and other statutes, is required to regulate safety in the transportation of hazardous materials, including radioactive material.

Its authority extends to ensuring the safety of certain packages and regulating the conduct of shippers.and carriers.

The NRC, under the Atomic Energy Act of 1954, as amended, and the Energy Reorganization Act of 1974, as amended, is authorized to license and regulate the receipt, possession, use and transfer of " source material," " byproduct l

. material," and "special ruclear material." This authority carries with it the responsibility to assure, by establishing standards, rules, and regulations, that the health and safety of the public are protected and the national i

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2 defense and security are maintained for the transport of radioactive materials.

With respect to the regulation of the transportation of licensed radioactive For the material, the statutory, jurisdiction of the NRC and the 00T overlap.

purpose of developing and implementing consistent, comprehensive, and effective regulations, and avoiding duplication of effort, the respective regulatory roles of the DOT and NRC are set forth in a Memorandum of Understanding agreed to on June 8, 1979 (44 Fed. Reg. 38690 - July 2,1979)

(attached).

In general, the DOT is responsible for regulating safety during transport and packaging for low levels of radioactive materials. The NRC is responsible for regulating the design, manufacture, and use of packages containing fissile material and larger quantities of radioactive material which include high-level waste packages. The NRC regulations are primarily in 10 CFR Part 71, " Packaging and Transportation of Radicactive Material." In addition, the NRC has issued 10 CFR Part 73, " Physical Protection of Plants and Materials," which includes requirements for the protection of certain radioactive materials during transport based upon concern for deliberate acts to seize, damagr, or sabotage the shipments.

In respect to emergency respense for radioactive material accidents, the hRC has defined in a General Statement of Policy (49 Fed. Reg. 12335.- March 29, e

1984) (attached) its role in responding to accidents and incidents.

Basically, the NRC actions include ensuring the awareress of affected parties of the event and offering and responding to requests for technical assistance The Federal Emergency by providing information, advice, and evaluations.

. Management Agency (FEMA) is responsible for coordirating federal and state Federal assistance for participation in developing emergency response plans.

radiological protection in the event of an accident is available through the Department of Energy's (00E) Radiological Assistance Teams located at 28 sites throughout the country.

Office of Technology Assessment (OTA) Report With regard to the OTA report, I would like to address those sections of the report that pertain to our responsibilities as described above.

The OTA report focuses on containers for radioactive materials, especially those for spent nuclear fuel, the so-called casks. The report states.that issues of concern to Congress in requesting the study included: the adequacy of current container standards and safety analysis methods; the safety of spent fuel transport and the possible consequences of accidents; and the need for improvements in container manufacture, transport, and inspection.

We note with satisfaction OTA's finding "that technical evidence and cask performance in service indicate that NRC performance standards yield spent fuel shipping cask design specifications that provide for a very high level of protection - much greater than that afforded in any other current hazardous materials shipping activity." OTA concluded that "the probability of an accident severe enough to cause extensive damage to public health and the environment caused by a radiological release from a properly constructed cask is extremely remote." 0TA cautioned, however, that " meticulous adherence to the designs and specified procedures during cask manufacture and to required

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safety procedures during loading and transport are critical factors in ensuring public and environmental safety." 0TA further found that " fruitful areas for improvements in the overall safety of spent fuel transportation are to be found in the' institutional, procedural, and operational controls and drrangements, such as quality assurance and quality control measdres; maintenance activities; operator, handler driver training; and inspection."

In regard to the potential areas of improvement, we have requirements in our rules for a quality assurance program for the design, construction.

maintenance, and operation cf spent fuel casks and other nuclear packages under our jurisdiction. This quality assurance program is supplemented by an inspection program which covers construction of casks and operations during 2

loading and unloading of casks.

The Commission has been investigating the accident resistance of spent fuel 4

packages, and, since the OTA report was issued, has completed a multi-year research study on the level of safety provided by NRC package standards under severe transportation accident conditions. The study determined the forces encountered in historically severe non-nuclear road and_ rail transportation;

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accidents and analyzed the response to those forces of a spent fuel package

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designed to current standards. HRC published this. study report entitled

" Shipping Container Response to Severe Highway and Railway Accident Conditions" (NUREG/CR-4829) in February 1987. Among other results, the report concludes that the annual risk to the public health frcm spent fuel shipment accidents is less than one-third of that previously estimated in NRC's " Final Environmental Statement on the Transportation of Radicactive Material'by Air

and Other Modes" (NUREG-0170) published in 1977. The' Commission relied on NUREG-0170 in part when we found in 1981 that our transport regulations provide for adequate public safety and that no changes were needed to improve The Commission is in the process of preparing a_ brochure which safety.

summarizes the two-volume technical report in layman's terms.

We believe the results of NUREG/CR-4829 further corroborate the findings of i

OTA with respect to spent fuel package safety.

In summary, we believe all indications point to the fact that the NRC Nevertheless, regulatory program provides a high degree of public protection.

we will centinue a vigorous program of surveillance and assessment to assure that the program continues to provide this degree of safety and explore opportunities to make improvements. We believe this is particularly important with the coming generation of new spent fuel cask, perhaps with new designs ano materials of construction, that will be used to ship spent fuel to an MRS or a repository, i

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Conclusions i

In closing, Mr. Chairman, I would like to express our view that the roles and' authorities among the agencies involved in the transportation of radioactive materials are well defined by existing statutes and subsequent agreements, and that the system provides for adequate coordination among the agencies.. Witn i

regard to our responsibility in transport containers, we share your concern for safety in the transportation of radioactive materials.

From a I

6-radiological perspective the safety record for radioactive ma'terials transport is excellent, and independent reviews that indicate our standards provide Nevertheless, the Commission continues adequate public safety are gratifying.

to identify areas for further research and evaluation and is prepared to

- modify its rules or practices as may be required to maintain the transportation safety record.

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MEMORANDA OF UNDERSTANDING Explosives Act (18 U S.C. 831-435). the terminated in "- M'-' with the terms (helse E. Feener.

Dengarous Cargo Act (R. S. 44?2. as Assessew Adeu,usesserforAr seen rsended. 48 USC. lic). Tit's VI and of the a,.M his speement may be go.geng 902(h) of the Federa!. Aviaton Act of perdcipaticals t terminated by any of the parties For the Food and Drug Adhamstraties.

1954 (40 U.S.C.1421-1430 and 1472(h)).

D of Tra sp anon Act following 30 days advance writtaa Jasoph FM notice by that party to all of the other 4,sec,em comunissionerfor AeJewry hh par Matanals Dansputauca Act M MC Su lesentary agreemente may be the Nedonal Oceanic and Atmosphenc 1801-1812), na required to regulate safety temporary and terminate on a certain Adatansectes.

in the transportanon of hazardous date or upon completion, as y. ;'M gen,y.gemeen, maten na radioeche g

The termination of any party's Associon Adamistretor, participationin this Memorandum of For the Nuclear Regulatory rum The Nuclear Regulatory Comnussion Understanding or any espplementary g* g (NRC), under the Atomic Energy Act of

• 8"'"*'t does not render such Kaenneove Dacserfor Opemames.

1954. as amended (42 USC. Chapter 231 ayemaants void to the other parties.

and Section 201 of the Energy W Agency e v 'a Reorganization Act of 1974. as amended (42 U.S.C. 5841). is authorized to licerise The followingis a tiet of agency as Fn sesso I

and regulate the receipt. possession. use.

i components with responsibilities for pow.n.a nans and transfer of "by product material."

implementing the provisions of this DEPARTMENT OF TRANSPORTATION

' source material." and "special nucleat Memorsadum of Understanding.Each material" (as defhied in 42 U.S.C. 20141-organisational component will designate g,,,g,ge,y The NRC authonty to license air specific personnel to be contacted on sh7pment of platomum is further matters related to implementing this Transportanon W RadioecWwe governed by Pub. I 94-79.

MOU EPA shall provide each Mam Momorandum W For the purpose of developing.

tmplementing==raaaat with an up-to-gng,,,,,ngn, establishing andimplemenung date list of these personnel The roles of the Department of conmatest and comprehensive samlannually or more frequently if EPA is notifled of changes in personnel Transportanos and the Nuclear regulations and requirements for the Department of the Air Force. Deputy Regulatory Cotamtssion in the regulation safe transportation of radioactive Chief of Staff. Operations. Plans and of the transputation of radioacave materials, and avoiding duplicetion of Readiness. Directorate of operations matenals were describedin a effort. the DOT and the NRC ayee.

I memorandum of understanding signed subject to their respective statutory and Readiness, a-aatamaaea on June 8,1978 The present

. authonties, as follows. Terms used in Department of Energy.OfBee of memorsadam supersedes a 1973 this ayeement are de6ned in de CFR Division.

agreement between the Atosuc Ener5Y parts 100-195 and 10 CFR part 72.

Assistant Secretary for Environment, Camnuenion and the Department of I. Development ofSafety Standards Division of Operational and EnvironmentalSr <m Transportatsoa. A tent of the Environmental)rotection Agency.

memoranden is set forth below.

A.The DOT (in consultation with the NRC) will develop safety standards far Office of Radiation Ptoyams.

Radioactive Materiale the clasedication of radioactive Environmental Analysis Division.

Abstmot.This agreement delineates materials for the desigrt specafications Deparament of Health. Education. and Wolfers. Food and Drug Administration, the respect 2ve responsibiliues of the and performance requirements of -

i PDA Recall and Emergency Stag Department of Transportation (DOT) packages for quantities of radioactive r =:rt of Commerce. National aod the Nuclear Regulato-C.cmissi(*

matenals (other thaa fissile materials)

Oces"nic and A"- f t (NRC) for the royalation of safety in not esceeding Type A linuts and for low Administration. Air Resoerees transportation olredioactive matanals specific activity (l.SA) raciosetive It supersedes the extenna ayeerusat materials: for the external radiation t

laboratory.

executed on March 22.19?3. between fields. labeling. and marking of all Nuclear Regulatory Commiselon, the DOT and the Atomic Energy radioactive materials packages and Office of laspection and Enforcement, Commission. Generally, the DOT is vehicles for the mechanical condmons.

Deparement of Transportation, Federal Aviation Administration. Office respeaanble for regulating safety in construction requirements. and ne-down i

of Enviraa'=an*=1 Qaakty.

transpartatlanof allhazardous requ:rements of carrier equipment; for materials. Including radioactive the qualifications of carner personnel.

Ayeement Asahadey materials, and the NRC is responsible for the procedures forloading.

%is ayoementis enteredinto under for regulatmg safety in receipt.

un!cading. handling, and storage m

,,,g,, g - -g,,g,g,,,,,,y p asession, usa and transfer of transit for any special transport cooperation appeartag in the legislative byproducts. source. and special nuclear controls (excluding safeguards!

authorities of the signatory agencies.

materials.ne NRC reviews and necessary for tsiscon safety dunns FortheDepartmoetof the AirForce.

approves or denise approvalof package carnage: and for all other safety g

,,gg, designs for flaaile materials and for requirements except those specified in Actate Datessor of Operosione end Jteadiness. other radioactive materials (other than the next paragraph.

For the Department of Faergy.

!ow speciSc activity materials)in B. The.WC (in consultation with the aseh C. Chumm.

quantmes exceeding Type A limits, as DOT) will develop safety st1ndards for Asement SacroseryforEnWrene ear.

defined in 10 CFR Part 71.

design and performance of pn:kages for For the Environmentalpreaction Agency.

Apeement between the DOTand the fissi!e matenals and for quantmes cf

%9C The Department of Transportation other radioactive matenals (other.han peal 8 % -

Aorsqr Amassaent Adeunistrosor for Aar.

DOT). under the Transportation of 1.SA matenals) exceedmg Type A limits -

n the followmg areas:

Nossa andJtedescen.

For the Federal Aviatles Administretles.

MU.16 September 1.1932

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,r MEMORANDA OF UNDERSTANDING encourage the Agreement States ' and

t. Structural matenals' of fabncanoit desigre m the DOT regulations.

the DOT will encourage the non-

2. Packages with foreig's certfleation.

2. Closure devices; Approval by the NRC wd1 be obtamed

- Agreement States to impose meident

3. Structuralinteenty:

before revalidauon of te foreign reporung requirements on shippers and receivers subject to the States'

4. Criccality control; cert Acates required in ce DOT iuttediction. -

5. Contamment of radioactive regulations for packags shipped C la all accidents incidents, and material:

between origins and destmations within instances of actual or suspected leakage

6. Shielding; the Umted States. except for unport and

7. Generation of internal pressure; export shipments. Approval by the NRC involving packages of radioactive

3. Internal contasmauon of packages; is not required if a package is used matenal regulated by the NRC the NRC will normally be the lead agency for

9. Protecdon against internal solely for export or import or if a investigating the occurrence and.

.i overheetms; and package is authonsed by the DOT prepanns the report of the investiption. -

10.Quakty assurance of packaging regulanes solely for transpoostion The DOT may either participate. as -

daign. fabacacon, testing through or over the Umted States appropriate. in the investigation with the maintenance, and use.

between orisms and destinations NRC as thelead agency or conduct a II. Adoption of 5cfety Standards and outside the United States the DOT has separate invesneauon. Subsequent to the responsibdity for exercising Regulations discretion as to whether it requats NRC each invattention involving radioactiw material regulated by the NRC the NRC A.The DOT wdl adopt regulations review of such packages.

and the DOT will iointly denne he scope impomos os shippers and carners

3. Any package for which NRC of the enforcement actions to be takes subject to its junediction those ev aluation is warranted in DOT opinion, by each agency to assure that shippers standards developed by the DOT and 8.no NRC wd! evaluate package and carriere are subject to concurrent the NRC pursuant to SecuonI of this designs for Bsede materials and for and equivalent enforcement actions but Memorandum of Understanding and any other radioactive materials (other then not unduly subject to duplicate j

additional requirements necessary to LSA matenals) in quantities exceeding protect the public health and safety. The enforcement actions.

l DOT will require NRC approval of Type A limita and wdl. If natisfactory, D.This section Y does not affect the 1

issue approvals therefor (vts., a license.

authoney of the National Transportanon j

designa of packages for slupment of Ceruficate of Coaliance.or other Safety Board, which is independent of fissile matenals and other radioactave package approval) directly to the person the DOT and the NRC. to receive l

matenals in quantities exceeding Type requesung the approval.

accident reports and to inwetigate A hauts (except !.SA materials) by all persons subiect to the jurisdiction of the IV. Inspection and Enforcement transponation accidents.

DOT.The DOT wdlissue complete and A. Each agency will conduct an y7 g,f p,p,,,gg7 l

comprehensive Federal regulations for mspection and enforcement propem A.The DDT wdl be the national the packagmg and transportation of all withm its jurisdiction to assure competent authority with respect to the l

radioactive materials as a part of its compliance with its requirements, ne administrative requirements set forth tn i

overall body of Federal regulations (49 NRC wdl assist the DOT as appropnete.

the regulations for the Safe Transport of CFR parts 104193) for the packagmg in mapecting shippers of fisade materials Radioactive Materials of the and transportauon of.!! hazardous and of other radioactive materials in International AtosucEnergy Agency

matenals, quanaties exceedmg Type A limits.

(IAEA). In issums certificates of B.The NRC will adopt packaging B.The DOT and h NRC wdl consult competent authonty for the United standards for fisade matenals and for each other on the ruults of hir States under those regulations, the DOT quanuties of other radioact2ve materials respective inspections in the areas will require for certata packages other (other than LSA matanals) exceeding where the res alts are related to the other - than DOT specification contamers an Type A Laits and will adopt reguidoons agency's requirements and each wd!

NRC approvalin accordance with imposms on its hcansees admirustrative. take enforcement action as it deems Section 111.A of this Memorandum of proceduraI. end technical requirements appropriate within the limits of its Understandmg.The NRC wdl provide to necessary to protect the public health authonty.

the national coropetent authonty (DOT) and safety and to assure the common V. Accidents ondlacident?

technical support and advice pertaimns defense and secunty.

to the transportation of radioactive C.ne NRC wdl adopt procedures.

A.The DOT will require of all carners msterials.

standards, and criteria for approval of subject to its jurisdienon the notification B.The DOT wd! act as b package designs and for approvalof and reporting to the DOT of accidents.

special transpan controls proped by incidents. and instances of actual or representative of the United States to the IAEA and ohr international groups the applicant for a given package design. suspected leakage involving radioactive on matters pertaining to the The NRC will require its licensees to material packages if such an event administratave and safety regulatory -

comply with the DOT regulations when occurs in transit and the DOT will 4

those persons are not otherwise subject promptly notify the NRC of such events.

aspects of transportation of radioactise to e DCT regulations.

B.The NRC will require ofits matenals. The NRC wdl provide licensees the notification and reponing techmcal support and advice to :he DOT t the NRC of acciduts, incidets, and in this capacity.

Ill. Pbekoge /teview A.The DOT will submit to h NRC mstances of actual or suspectedleakage f

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mv Ivmg radioactive matenalpackages

' States whzh save entered into se Agreement designs if such an event occars pnor to delivery mth trie Aiosuc Energy carnemeios er me Mtc

1. Specification containers. Approval to a carner for transport or after penuanoo smoos n oMe Atoen Energy Act d j

by the NRC cf package designs for delivery to a t=ceiver.The NRC will 2'8' '"*"ad'* **d"h'ca the Mtc hee 1*f,,** '

8* $ ** Q $'*end

$.pecial nuclear meienet in eve fisode matetals and for radioactive materials (other than I.SA materials) in quantities exceedingType Alimits wdl to form a enucal mne.

be obtained before publication of such i

September 1,1982 l~

MU 17

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e MEMORANDA OF UNDERSTANDING eon evatusa weauatione cocact seFaass29 Frank W Yorg Othee of State Vll. Erchange ofInformation e2nus ee s.23/rt Programs telephone ant 49:.r 94 e S n

A.Pnor to issuance of any regulations Lc! ear Pegulatory Cammission.

by either the DOT rr the NRC involving Memorsneum of Understandint Washte,gton. D C. 20555 transportation of radioactive materials.

setween the NeDraska Departrnent of

. ota d in 16th day each agency wtll advise and consult with the other to avoid possible conilict Envsronmental Control and the United of aust States Nuclear llegulatory g

in regulations and to assure that:(1) the Commission TW regulations will efford adequate The Corrmission.in mid lanuary 19 6 g m,g, g.,

y protection of the health and safety of the adspred the poliev of entenna tnto Weeraodum of todmiasses Beweee the public;(2) the effect of these regulations ar:ernent wi'.h States that have been wbreaka Depensnent $f Eastrommental will not be inimical tathe coaunon defense and security of the United delegated tesponsibthty by EPA for issuante cf Natio.al Pollutant Discharge

,,"['yj[

',Eg States: and (3) the regulations are in the Ebroration 53 stem (NPDESI perentis rottuuan Costrul Act se Ameeded (FwPCA)

8. N NT and the NRC will

[I the Federal Water public interest..

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exchange information, consult and hthcugh corsiderab!c latit rde is the s alco pet n e t

>te r I s of t e Se y

Nudear Rega atory Commission-

-second Memorendast of understanding development and enforcement of t

regulations and procedures. Each Emironmental Protection Ageccy Resardaris imslement. tion of Certain Nuclear Resulatory Cormauseaan and Environmental agency will make available to the other. Memorandam d Understanding INRC/ Protection Agency Reepensibiht es Under the subject to secanty requirements and FPA)[FR Vol 40 No. :St o act15 ff.

Mat Water PcifuuanControl Act 4*

statutory provisions atfecting the release Deramber 31.19?9) for erwp*re'ren m amor.Jed IFWPCA) and the Nanonal of information. summartes of inspection t'm bcensing of nuclear power p8 ants To date sin such agreemems hase

[",'[7

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records. investigations of serious b-n : ors;mmated Three. those with

,n that htemmneum and wahes to accidents. and other matters relating to

\\ n pnia. New York. and Scuth Carchn.

coop,,,,,,,th the U E Nuclear Regulatory safety in the transportation of pm pubW3 m the Federal Register, compus per,efter"NRC Im radioactive matenals.

. a 4J No 88 p 19485 ff onMay 3.

irnplenientma those pnntiples

. specifics 1h.these cocperative effarts wit) 1re T:te twth. mtth the Statt of entend to regerements for the contret and Vill Working Arrangements NsWgtun was pubitshed at ane cocodersuon of impects on water quahty The NRC and the DOT will designate Federal Register. Vol 43. No. Iss. p and biv a associated with the hcenoms and appropnate staff representatives and GM ff.on S*Merrber F.1978 The resA%n mcMng ea4 m apW W w111 establish jonat working f.tth with th. State ofIndiana. m as l'e fnitomrg facihues withm the State.

p2,1..hed in,i.e red.r.1 g,gi.t,, yet e nudeer power and tut facihn.

stratagements from time to time for the 2

purpose of adeniniatoring this 43 Nu 451. p 61033 ff. on Decembcr 29.

D "jj*,', [o,'e'(( *[n'c7,8,'*'hfM;u.

Memorsadum of Uederstanding.

1g 6 The mth is entitled i

n,

. stem randam of Understand,ns d nurtear fuel f abetcanon pronta. and i

IX. Effect l+ tween the Nebnssia Department of e nudeer waste treatment. storage and A. Nothing herein is intended to affect E turenmental Control and the U S.

Gspo**1 fac ht ce

1. weout retmqwshies entsting statutory the statutory exemption of shipments of Nuclear Regulatory Commission radioactive materials rnade by or under pursuant to the Federal Water Puhution sujon

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Siet a Cw co a

coniroi Aii. 3 amended (FwPCAt it informatum needed for early evaluanon the direction or supervision of the u!!s for the State and the NRC en

r. lated to irnpacts on weier quahty and tuota Department of Energy or the Department cmraia and share mfermat;on as each under the FWPCA The otiective should be of Defertoe in accordance with the mars f rward m its decisionmaking that the scope. Iorm end umetmese of the m ormaton to be submitted by the applicant r

provisions of 18 U.S.C. 832(c).

process for a nuclear facthty The new will sai.sfy the requirements of both the State A

B.This apeament shall take eGect procedures are miended to ensure

• 41 and NRC. recogmatr.s the hnal responsibihty upon the sagamag by authorssed water quahiy anit biots impacts are of the sia:e for the same under FWPCA This considered early and wd! be less Lkely representaaves of the respective lo result in sgnifiennt changes in p! ant

[ [*[y3Y '"'['q'[,*["ll,d o

g agencies, and shall supersede in tta design. or cn=ti and benehts of psrsuant to Semun act and NPDES permita entirety the March 22.19F3.

opersison. fe!!owing the NRC staff s pur,,, to secuan 402 it shall also mclude, Memorandum of Understanding environmental review. The wwre oppucanie. Secuan ns(bl between the DOT and the Atoauc Memorandam became effective on consideranens resard r best available Energy Cosminission.

August L1979 the textis pubbshed technology as a poed to cochna water tetake strucices and sectma 316(al deierminsuons C%

bh hd below.

resarses the graeurs of n!ter-ative ef!berst Urtderstanding is intended to restnct the la order to avoid confusion in hma.uons for the thermat component of statutory esthonty of either the DOT or terminolcs> between general and water dmharges, es wett as.nformauon needed to the fGC-quahty egreements with States and those agreements under sectton 2*45 of h*c'h,*[' ["[,'[pf,'r w7h i A Done at Washusston D.C in triptieste. this the Atomic Energy Act wherein the

,,quirement s.

Sth day of bne 1979.

State assumes certain matenais 2 The State anJ NRC wdlmeet. as For the Utsted States Depertmern of bcensirg tesponsibihty. and new appregna e at an ear % nme prior to and/or I"'*8'**"'

D *I'D "A"'""*I "'N d"8 * '"""* *biect to this Transportenen.

""" "' * *'" led a Memorandum of wh fecary or p!ans s.

lames D. Felsmee' hereaf ter be cal Aif nimstrofor. Reseoirh and Speeral Understancmg as is the NRC/E?A see to cru Pan L kbpan F sad Aceendie A.

P oproms Adminierrutron. Departmeernt ru m Pateeterfillet Transporrefien.

For the United States Nuclear Regulatory Commission.

losoph 54 HamMs.

Chasrmon, Nuclear Regulatory C.unmzwon MU18 September 1,1982

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UNITED STATES NUCLEAR REOULATORY COMMISSION RULES and' REGULATIONS TIT g 13. CHAPTER 1. CODE OF FEDERAL REOULATIONg-ENEROV COMMISSION NOTICES POLICY STATEMENTS Transportation De roles in reguletory responsibdity The eiusting Memorandum of gg of NRC and DOT have been delineated Understandme between the 007 and y'

' in a Memorandum of Understandmg the NRC (mentioned abcvel euipe (MOU) between the two esencies dated NRC the responsibihty for the reguletten and certific ion of shippmg conteir.ere a

teRC Heepense MeeWente M lune 8.19'9 (44 IR 30g001. The MOU Disrtne the Trenapodemon W does not define the specific for fissile meteriale and for other Redloosere asete%0eneW responsibdities of each agency in radioactive meertele (other then low -

specific activity matenals) m quantities Statement et Petty ruponding to transportation accidents enceeding Type A limite ee dermed in to or meidents. However. in sh accidente.

aesseen Nuclear Regulatory incidents, and ir. stances of actual or CIR Part 71.The MOU essigne DOT the Commieme8L euepended leakage involvmg packages nsponsibility for regulet;on of moet asness GeneralStatement of Puhey.

of radioactive metenal regulated by the other espects of nuclear treesportation e.rtvities. DOT operetes e National eussesantne Nucleet Reguletory NRC the MOU essigns to NRC the r

Response Center which zerses to relay Commino6ee (NRC) hoe deraned in a responsibdity to act se feed agency for information concerning transportetton generel policy statement its role in investigating the cause of the leakage -

incidents involvirig herardsus metenele.

responding to accidents and incidents and prepenna e report of the DOT replations require a camer. et the related to the transportation of nuclear investigation.

earliest practicable mom 6nt. to sise meteriale.The purpose of the policy The Federal Emergency Management notice to the N anonal Response Center g

statement le to state clearly the eatent Agency (FT.MA)is ruponsible lo, after en incident occurs durms the -

the NRC's participetton and involvement prepenne a Federal Radiological course of trenoportation in which.

la respondmg to such a transportation Emergency Response Plan WRERP) On among othet thmge. fire, breakage.

accident or incident.

December 23.19e0. FD4A pubhehed e spd! age or suspected radioactive

" Master Plan" for commercial nucteer contamination occurs involving pon mnwen mma man power plant accidente (45 FR 649101 shipment of radioactive metenal Each Dr. lustin T. lens. Office of Nuclear Development of the FRERP.whichie notification of a transportationincident Meterial Sefety and Sereguards. U.S.

ocheduled for c.ompletion m 19es. entale of any kind is relayed by the National Nuclear Regulatory Coeuninion.

,,,,,,,,,g g y,,,,, pi,,, inclu6ng Response Center to the Reg:onal Office Washington, D.C. 20655, telephorie (301) its expension to incorporate provisione cf the EnvironmentalProtecton Agency 427 4 35 for responding to all types of peacetime IEPA) for incidents on ter.d or to the U1 seausuam mesam radiological emergencies meludmg Coast Cuerd Captom of tre Port for transportation accidente. Availabihty of in na e 13 w e ne Deckground ne Nucleer Regulatory Commission plannmg guidance for developmg the FRERP was noticed in the Federal radioactive matenal'lCoctdinatmg nutification is eleo (NRC).under the Atomic Energy Act of Regleter on April 28.1983 (44 FR 1s:29) made to h Regione 1984. as amended (42 U.S C Chapter 23)

The FRERP will be beoed on the Office for Re6ological Assistence of the and section act of the Energy planning guidance and on the results of U S. Department of Ener2y IDOE) and to Reorganisation Act of1974, as amended a Full Field Exercise conducted in the the RegionalOffice of the Nuclear (42 USC 584tl. le authertaed to license vicmity of the St. Lucie nucles? power Regulatory Conimission NRC my also and repelete the receipt, possession, use, and treneler of M d " setertel" plant in March 1994.

become aware of a transportetson oource motorte!." and "spedal nuclear The reopense to transportation ancident through other channels. such as seaterial"(se defined in 42 U.S C. 3014).

eccidente is less structured tban the the shipper the carnet.or the pohce oe no NRC authority to bcease air radiological emergency response to highwey petrol' d that DOE

ahlpment of pletentum to further accidents et licensed sites because of DOE h" ' tete governed by Pub. l. 94-79. Pertinent the uncertemties surroundmg (1) the gogvement is ihe siemtenance. et NRC regulatione are contained in to location where the accident occurs. (21 exut 30 situ. ohums of techmcah CFR Parte 30. 40. 70. 71. and 73 the diversity of authonty of those who unmed nuctur and transponahon The US Department of will be respondmg. and (3) the hkely Transportation (DOT).under the limited radiation knowledge of the first.

[',, y'['[* ojd r

Dangerous Corpo Act (R. S. 4472. es on. scene responders (who are usua !y advice and counsel m areae =here amended. 4e U S C.170). Title VI and local afhciels) The etetes have the etetes may need asustance Such teams set (h)of the Federal Aviation Act of pnmary responsibihty for protectris the are highly professional and are egoipped 1950 (40 U.S C 1421-1430 and 1472(hl).

health and esfety of the cmaens from to proude analyt cet and diagnostic the Department of Trenoportation Act pubhc hemords. Recognition of the support. but not to beco r.e ins olved in (49 U.S C. tot.et seg ) and the responsibilities for red stion hetards is c!eenup actiuties. Such teams operate Henerdous Materiale Transportation ref:ected by the eiustence of en under the DOE Radiological Assistance Act (40 U S.C 1801-1412). le required to appropnetely designated state esency Pregram or the Federal Red clogical

• egulate safety in the transportation of chartered with the responsibihty of Momtoring and Assessment Plan (DOE anordoue meteriale.includmg respondmg to radiological emergencies coor&nated).

The Comminion invites allinterested idioactive materiale. Pertinent DOT regulatione are contained in 49 CFR Part persons who desire to subra:Wnttee 100 to tre.

e.

~

t e

POUCY STATEMENTS comments or ser6gestions on this general MLC naistance is redesteJ by de s'aternent of policy to send them to the on-scene coord.nater NRC aciers Secretary of the Comrnission. Uruted mil be pnman!) lirn ted to Sietes Nuc eer Regulatoey Commission.

information collection t

Wuhington. D C. 20sss.'Attenuoo:

-Provide recommendanons to Dochetmg and Service Branch by luly emergency response personnel on 27.1994-radiologicalinques if NRC esentance Considereuen mit be gnen to such.

should be ter:uested by the cruscere submisesons m connection with possibt i coordinator or if a need is recognized future revision of the stated pokcy.

by NRC personnel Copees of comments rusaed may be The pohey here set forth relates sole!>

enemised at the Comrnission's Pubhc to rediolorcal conerrns Responding to -

Document Room.1717 H Street N.W any attempt to stes; or sabotage a Washington. D C.

shipment of nuclear ma'enalis a Staternest of NRC Poucy neponsibihty of the Federal Bureau of Investigation (Fil) as dehneated in the la any accident or incident occurnog NRCiFill Memorardum of in connection with the transportation of Underster dir.3 dat*d Apnl 27.19*9 and radioactive matenalin wbch a soport is pubhshed Drcen ter 23.19*9. at 44 nt required to be unt to the National 75535 Ruponse Center by DOT regulauons in oaie 4eing,on 0 C.. thes 23rd day of 49 CFR 17115. NRC radiation safety g,gh as s at actions will consist of the g

Samuell Ch.ik'

-Ca!! the esency duignated by the g,

e'fected State to respond to transportstaon accidente involving radioactive metenals as soon as practicable to ensure that egency has bun informed of the incident.(The State government is responsible for assummg controlof the accident scena to protect the health and safety of the public.)

-Offer NRC techrucal assistence m the fone of mformation. advice, and evaluations to the State et the tarne the mitial notificauon is made to the appropnate State agency.

-Assure awareness of the meident by the DOE and other effected esencies.

including any agencies spectrically designated by the Federal Emergency -

Mensgement Agency.

-Memtem awareness of the situation until normal conditions are restored at the scene of the accident.

-Provide mformanen on packagma charactenstics m response to any query weerdma NRC spproved packagee.

-Respond to requests for mformahon on NRC activities in connection wtth the event. Requests for specific mformation on an accident normally will be referred to the appropnete State agency, or to the DOE if the situation relates to DOE activittee.

-if the shipper is an NRClicensee.

ensure that the shipper provides complete and accurate information concerning the radioactive matenal and detetle of the skpment to emergency response personnel

-In accordance with the NRCA)OT Memorandum of Understanding. act se lead esency for investigatmg all occidents. incidents. and instances of actual or suspected leakage msolving packages of radicactive material regulated by the NRC. Any NRC personnel et the scene of a transportation accident will notify the on-ocene coordmetor of his or her presence and make clear that. unine December 31,1985 (reset)

PS.TR 2

.