ML20209G859
| ML20209G859 | |
| Person / Time | |
|---|---|
| Issue date: | 05/24/1985 |
| From: | Doda R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | James Smith SOUTH DAKOTA, STATE OF |
| Shared Package | |
| ML20209G768 | List: |
| References | |
| FOIA-85-583 AI-85-258, NUDOCS 8509190718 | |
| Download: ML20209G859 (69) | |
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Joel C. Smith, Administrator 2 4 MAY 1985 Office of Air Quality & Solid Waste Department of Water & Natural Resources Joe Foss Building 523 East Capitol Pierre, South Dakota 57501-3181
Dear Mr. Smith:
Thank you for your April 24, 1985 letter in which you request information about the resources necessary to become an agreement state with NRC.
I am enclosing several information packets that will assist you in determining South Dakota's needs in order to attain either a full or a partial agreement.
The enclosures are:
- 1. Summary of the NRC's Program for Transfer of Regulatory Authority to States
- 2. Section 274 of the Atomic Energy Act, as amended
- 3. Criteria for Guidance of States and NRC in Discontinuance of NRC Regulatory Authority and Assumption Thereof by States Through Agreement (Federal Register Notices of January 23, July 16, and July 21, 1981)
- 4. Agreement between NRC and the State of Utah
- 5. NRC Policy Statement on Evaluation of Agreement State Radiation Control Programs (Federal Register Notice of December 4,1981)
- 6. Guidance on Limited State Agreements for Regulation of Low-Level Radioactive Waste Disposal (December 1984)
- 7. Model State Legislation edited for Low-Level Waste only
- 8. Lin,t of Low-Level Waste Regulatory Guides and Technical Positions In Enclosure No. 6, you will find estimates of the personnel resources necessary to license and regulate a low-level radioactive waste disposal site.
In Enclosure No. 5, you will find what the NRC considers an acceptable staffing AI 85-258 i
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Joel Smith 2 4 MAY 109; level for a state with full agreement. A minimum of two professionals would be necessary to assure continued coverage.
Based on our experience, it normally takes a state that is actively pursuing an agreement 1 to 2 years to reach the point in the process where a formal request is'sent to NRC. The NRC's evaluation of that request normally takes another 3 months.
The licensing process for a low-level waste site officially begins when an application for a license is received, is found to be complete, and is docketed. Regarding your question on the licensing schedule, we are gathering information in order to answer that in as much detail as possible and will send it to you separately.
We and the Office of State Programs stand ready to meet with you to discuss in more detail the process of entering into an agreement. Please call me if you would like us to arrange such a meeting. My telephone number is (817) 860-8139.
Sincerely,
-onsin i sinnet b*
- n. a. Lc: A" Robert J. Doda, Chief State and Governmental Affairs Staff bec w/ enclosures:
South Dakota File bec w/o enclosures:
R. Martin P. Check W. Brown R. Doda G. Sanborn R. Heyer C. Wisner R. Bangart R. Smith (URFO)
G. Kerr, OSP pJe Nussbaumer, OSP i
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Public Law E5-373 p 86th Congress, S. 25EE September 23, 1959 As Amended by the Uranium Mill Tailines Raciation Control Act of 1978 Public Lew 95-604 and Furtner Amenced by NRC's FY 1980 Autnorization Act Public Law 96-295 and Public Law 97-415 January 4, 1963 To amend the Atomic Energy Act of 1954, as amended, with respect to cooperation with States.
Be it enacted by the Senate and House of Representatives
- of the United States of America in Congress assembled, That Atomic Energy Act of 1954, the following section be added to the Atom'ic Energy Act of amendments.
68 Stat. 919.
1954, as amended:~ 42 USC 2011 note.
( ,,'.
"Sec. 274 Cooperation With States.--
"a. It is the purpose of this se'ction--
"(1) to recognize the interests of the States in the peaceful uses of atomic energy, and to clarify the respective responsibilities under this Act cf the States and the Comissien with respect to the regulation of byproduct, source, and special nuclear materials;
"(2) to recognize the need, and establish programs for, cooperation between the States and the Cemission with respect to control of radiation hazards associated with use of such materials;
"(3) to promote an orderly regulatory pattern between the Comission and State governments with y respect to nuclear development and use and regulation of byproduct, source, and speciti nuclear materials; '
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"(4) to establish procedures and critaria for i
discontinuance cf cartain of the Comission's regulatory responsibilities with respect to byproduct, source. .
and special nuclear materials, and the assumption thereof by the States : 73 STAT. 655.
73 STAT. SEg.
"(5) to provide for c:ctdination of the development
- of radiation standards for the guidance of Federal agencies and cooperation with the Statas; and
"(6) to recogni:e that, as the States improve their capabilities to regulata effectively such materials ,
, addiponal legislatien may be desirable.
"b. Except as provided in subsection c, the Commissien is authori:ed t entar into ' agreements with the Governor Agreements wick S tates .
of any Stata providing for.discontinuanca cf the regulat:ry authority cf the Ccmissicn under chaptars 6, 7, and 8, and section 161 of this Act, witn respect to any one or more of a2 USC 2071-2112, 2201, the following materials within the State.--
"(1) byproduct ma:arials as defined in secticn 11 e (1),
"(2) tvereduct mateHals as defined in see f en 11 e (2);
"(3) sourca maiarials;
"(4) special nuclear materials in cuantities not
. sufficient ts form a critical mass.
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- 3- i During the duration of such an agreement it is rec:gni:ed that the State shall have authority to regulate the materials covered by the agreement for the protectica cf the public- :
health and safety' frem radiation hazards.
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- c. No agreement entered into pursuant to subsection b.
3 shall provide for disc:ntinuance of any authority and the Commission shall' retain authority and responsibility with respect ,
to regulation of--
"(1) the construction and operation of any production t .
! or utilizatien facility; .
"(2) the export from or import into the United Statas of byproduct, source, er special nuclear material, or of l
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any pr: duction er utilizatien facility;
"(3) the dispesal into the ocean or sea of byproduct, source, er special nuclear waste materials as defined in regulatiens or orders of the C mmission;
! "(4) the disposal of such other byproduct, source, er special nuclear material as the C:= mission determines by regula:icn or order should, because Of the ha:ards r potential hazards thereof, not be so disposed of withou a license frem the C:mmission. The C:=missien shall af sc retain aut. crity under any such noreement t: make a detectination that r11 a: licable standards tr.d ateuire-
?.ents have been met hvier ts terminati:n of a license 3:e i s bv:reduct material as de'ined in secticn 11 e (21.
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fictwithstanding any agrasment between the C: mission and any Stata pursuant to subsection b, the Cormnission is authorized by rule, requiation, or order to require that the manufacturer, processor, or producar of any equipment, device, comodity, or other product containing source, byproduct, or special nuclear material shall not transfer possession or c:ntrol of such product ex: apt pursuant to a license issued, by the Comission.
"d. The Comission shall entar into an agreement under C:nditions .
subsection b. of this section wif.h any Stata if--
"(1) The Governor of that Stata certifies that the
). Stata has a program for the ' control of radiation hazards
.J adequata to pr: tact the public heal'th and safety with respect t: the materials within the State covered by the proposed agreement, and that the Stata desires to assume regulatory responsibility for such materials; and
"(2) the Cer=ission finds that the Stata program is in ac: rdance with the recuirements of subsectien c.
l and in all ether res ects c:mcatible with :ne C:=ission's
! - pr: gram for the regulation of such materials , and that the Stata pr: gram is adequata t: pretact the public health and safety with rest ect :: the materials covered by the pr:pesed agreement.
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"e. (1) Before an r agreement under subsection b. is publication in F. R.
' signed by the Cemission, the terms of the preposed agreement and of proposed exemptiens pursuant to subsection 73 STAT. 68_C.
73 STAT. 690.
- f. shall be published once each week for four censecutiv'e weeks in the Federal Register; and such opportunity for c:mment by interested persens on the proposed agreement and exemptions shall be allcwed as the Cc= mission detar=ines by regulatien er order t: be apprcpriate.
. "(2) Each proposed agreement shall include the propcsed effective data of such prepcsed agreement er exemptions.
The agreement and exemptiens shall be published in the
- Federal Register within thirty days after signature by the Commission and the Governor. ~
"f. The C:mmission is authorized and directed, by Licensing re-qu1rements .
regulation er ceder, to grant such exemp icns frem the Exemptions.
licensing requirement: c:ntained in chapters 6, 7, and 8, and frc= its regulations applicable te licensees as the Cc= mission finds necassary or appropriata t: carry out any agreemen: entered int: pursuant :: subsection b. of this s ecti on.
"g. Tne C:= mission is authori:ed and directed te c:cperata with the Statas . in the formul'ation of stancards for protec icn against ha:ards of radiation = assure that
. Stata and C:mmissien pr: grams for prc:acti:n against V
ha:ards of racia:f on will be c:orcinated and c:mpatible. ~,N
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"h. Tnere is heraby established a Federal Radiation Federal Radi-ation Council .
Council, consisting of the Secretary of Health, iducation and Welfare, the Chairman of the Atomic Energy Comission, the Secretary of Defense, the Secretary of Commerce, the Secretary of Labor, or their designees , and such other members as shall be appointed by the President. The Council 4
shall consult qualified scientists and experts in radiation matters, including the President cf the National Academy of Sciences, the Chairman of the National Cemittee on Radiation Protection and Measurtment, and qualified experts in the field of biology and. medicine itnd in the field of health 3
physics.* The Special Assis' tant km the President for Science and Technology, or his designes, is authori:ed to attend meetings, participata in the deliberations of, and to advise i
the Council. Tne Chairman of the Council shall be designated by the. President, from time to time, frem amcng the members of the Council . Tne Council shall advise the President with respect to radiatien matters, directly or indirectly affecting health, including guidanca for all Federal agencies in the formulation of radia:icn standards and in the estaclishmen:
and execution of programs of cooperatien witn States. Tne
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Cduncil shall also perform such other functions' as the l 4 , President may assign to it by Executive Order.
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"i. The Ccmission in carrying out its licensing and Inspection:.
regulatory responsibilities under this Act is authorf:ed to entar into agreements with any Stata, or group of States,.to perform inspections or other functions on a cooperative basis as the Consission deems appropriata. The C: mission is also authori:ed 'a provide training, with or without charge, :o employees of, and such other assistance to , any State or political subdivision thereof or group of States as the Comission deems appropriata. Any such provisien or assistance
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by the Comission shall take into account the additional -
expenses that may be incurred' by a Stata as a c:nsequence of
~'N the State's entering into an agreement -
with the C:=nission 3
pursuant to subsection b. .
" .1 - (1) The Comission, upon its own initiative after Termination of agreemen:.
reasonable notica and opportunity for hearing to the State with which an agreement under subsection b. has beccme I
affective, or upon request of the Governor of such Stata, may terminata or suspend all or cart of its agreement with the State and reassert the licensing and regulat:ry authority vastad in it under this Act, if the C: mission finds that (1) .'
I such ternination or suspension is required to protect the 73 STAT. 550.
l 73 STA~. iii.
[ puolic health and safa+J or (2) ce State has not c:moltec l
with one or more of the recuirements. of 'his section. The l
C:x.ission shall ceriodically review suen acreements and
(/ actions taken bv the States under the acreements to ensure c:=cliance with the provisions of this section.
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"(2) The C:rmissien, uten its cwn cctien or c:er e:.es: gc STAT. 727
( ) of tra Governor of any State, mav, after notifvine the Govern:r, L
temocrarily sus:end all er cart of its acreement with the 5:ste withcut notice or hearine if, in the judement of the C = mission:
"(A) an emercency situation exists with res:ect to anv material covered bv such an acreement creatinc dancer which recuires innediate action to cratect the health or safety of cersons either within or cuiside the State, and
"(E) the State has failed to take stees necessary
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to centain or eliminate the cause of the ' dancer within a c'tasonable time after the situation arcse.
A tem orary sutnension under this caracraoh shall remain .
in effect only for such time as the emer:ency situatien
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exists and shall authorize the Commission- to exercise its authority only to the extent necessary to contain or eliminate i
the dancer.". .
"k. Nothing in this section shall be construed te affec:
I the authority of any State or local agency to regulate activities
[ for pur;cses other than protecticn against radiation ha:ards.
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l "1. ' lith respect Oc aach acclicaticn f:r C:mmissien license Nct ce of i
filing.
autacri:ing an activity as :: which the C mmission's authority is c:ntir.ued Oursuant to subsection c. , the C:=:ission shall l
give ;r:mpt notice :: the State or States in. wnicn the activity will be concucted cf :ne filing of the license a:olicatien; and shall afford reascnable c:;ortunity for State reeresenta ives
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- s offer evicence, interrogate witnesses, anc advise the
- l C: missica as :: :ne applica:icn iit'.::: raqui.-ing sucn A
representatives to take a position :r or acains; the granting w.
of the application.
Sn. No agreement entered into under subsection b., and no exemption granted pursuant to subsection f., shall affect the authority of the Commission under subsection 161 b. or i. s 42 USC 2201.
issue rules, regulations, or orders to protect the c:c=en defense and security, to pr:tect restricted data or to guard against the less 'cr diversion of special nuclear material. For purposes of subsection 1611., activitius covered by exemptions granted pursuant :: subsection f. shall be deemed':c c:nstitute activities authori:ed pursuant to this Act; and -special nuclear material acquired by any-person pursuant to such an exemption shall be deemed to have been accuired pursuant te section 53. 42 USC 2073.
"n. As used in this section, the term ' State' means any State, Definition.
Territ:ry, or possession of the United States, the Canal Z:ne, Puerto Rico, and the District of Cclumbia. As used in this section. the term 'acreement' includes any amendment te anv acreement.
! "c. In the licensine and recula:icn of bvereduct material .
l as defined in section li e. (2) cf this Act. Or of anv activity
_. wnien results in the creduction of bvereduct =aterial as so l
defined under an acreement entered into Oursuant :: subsecticn Y
- 5. a ' State snail recuire--
l "(11 c:meliance with the recuirements of subsecti:n t.
cf secti:n E3 f res:ectine OwnersMic cf tver:cuct ?.aterial - ,
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and landi, and .
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f- w "(2) ccm lian:e witn standards which shall be ader:ed
-- bv the State for the crotection of the cublic health, safety, and the environment frem hazards associated with such I material which are ecuivalent, to the extent cracticable, or i more strincent than, standards adcoted and enforced bv the Commission for the same eurcose, includine recuirements and !
standards cremulgated bv the C:mmission and the Administrater !
of the Environmental Protection Acency cursuant to sections El, 84, and 275, and
"(3) erocedures which--
"(A) in the case of licenses , crovide crecedures under State law which include--
-s , "filancooertunity;. after cublic notice.
- for written comments and a oublic hearine, with
! a transcrict.
"fiil an cocortunity for cross examination, and l
(iii) a written determination which is based 4
u:en findines included in such determination and i
ucen the evidence cresented durine the :ublic c:mment :eriod and which is subfect to fudicial review: .
"(3) in the case of rulemaki.1c, crevide an
- ecrtunity fer :ubi re :articitatien 'threuen writ en c:==ents er a :ublic hearine and :revide for 'uc'cial review cf tne rule: .
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,, "(C) recuire for each license whic'c has a
\_ sienificant im:act en the hdman environment a written analysis (which shall be available to the cublic before the cermencement of any such croceedines) of the imcact of such license, includine any activities conducted cursuant therete, on the environment, which analysis shall include--
"(i) an assessment of the radiolocical and ,
nonradiolecical imeacts to the cublic health of the activities to be conducted cursuant to such license:
"fii) an assessment of any i=cact on any waterway P
and aroundwater resultine from such activities:
"fiii) consideration of alternatives , includinc alternative sites and encineerine methods , to the j activities to be c:nducted oursuant to su-5 license; and l "fiv) censideration of the lanc-ter= i=cacts ,
includine decem=issionine, decentamination and reclamation imcacts, associated with activities to be c:ncucted cursuant to such license, includinc the manacement of any :r: duct =aterial, as definec by section 11 e. (2): and
> "(D) Orchibit any mafE'rc:nstructienac:ivitywin res:ect :: such material Orier to ::= lvine wi-h the
' ':revisiens of sub:aracra h IC). ,
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O 1 If any State under such agreement imooses uoan any licsrsee any
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requirement for the payment of funds to such State for the reclamation or long-term maintenance and monitorine of such material, and if transfer to the United States of such material is recuired in accordance with section 83 b. of this Act, such agreement shall be amended by the Commission to crovide that such State shall transfer to the United States ucen termination of the license issued to such licensee the total amount collected by such State from such licensee for such ourpose.
If such payments are recuired, they must be sufficient to ensure comoliance with the standards established bv the Commission oursuant to section 161 x. of this Act. No State shall be recuired under paragrach (3) to conduct proceedinos ,
/ concerning any license or regulation which would duplicate proceedings, conducted by the Commission. In adoctine recuirements oursuant to caragraoh (2) of this subsection with resoect to sites at which ores are crocessed crimarily for their source material content or which are used for the discesal of byoroduct material as defined in section 11 e. (2),
the State may adcot alternatives (including, where accreoriate,
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site-scecific alternatives) to the recuirements, adcoted and enferced by the Ccemission for-the same purpose if, after notice and occortunity for oublic hearing the Connission determines t' hat such alternatives will achieve a level of stabilization and containeent of the sites concerned, and a level of crotection for public health, safety, and the O
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. . . i envircr.msnt frca radiolocical and *c iiivics': ', i:!:Le - .
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- associated with such sites, which is eceivalent to, to the
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extent practicable, or more stringent than the level which would be achieved by standards and reouirements adopted and enforced by the Commission for the same ouroose and any final standards cremulgated by the Administrator of the Environmental Protection Agency in accordance with section 275. Such alternative State reouirements may take into acccunt local or regicnal conditions, includino oeology, tecograchv, hvdrolocy and meteorology."
Approved September 23, 1959 Amendment Approved November 8, 1978 ,
Amendment Approved June'30, 1980
- Amendment Approved Janua*y 4,1983 e ,
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d \o, UNITED STATES g]
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NUCLE AR REGULATORY COMMISSION mssincrow, o. c.rosss l
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- July, 1984 l
SUPMARY OF i THE NUCLEAR REGULATORY COMMISSION'S PROGRAM FOR J
TRANSFER OF REGULATORY AUTHORITY TO STATES
, Prior to enactment of the Atomic Energy Act of 1954, nuclear energy activities in the United States were largely confined to the Federal Government. The Act made it possible for private comercial fims to enter the field for the first time. Because of the hazards associated with nuclear materials, Congress detemined that these activities should be regulated under a Federal licensing system to protect the health and safety of workers in the nuclear industry and the public. The Nuclear Regulatory Comission is the Federal agency charged with this '
responsibility. ~
" Although protection of the public's health and safety has traditionally been a State responsibility, the Atomic Energy Act of 1954 did not specify such a role for the States in nuclear matters. This policy was changed in 1959 when Congress enacted Section 274 of the Atomic Energy Act. Section 274 spells out a Stata role and provides a statutory basis i
i under which the Federal Government can relinquish to the States portions of its regulatory authority. The 1959 amendment made it possible for the States to license and regulate byproduct material (radioisotopes),3
! source material (the raw materials of atomic energy), and small quantities of special nuclear material. The Commission is required, however, to retain regulatory authority over the licensing of nuclear facilities such as reactors, exports and imports of nuclear materials and facilities, larger quantities of fissionable material, consumer i products and certain types of radioactive wastes. The Atomic Energy Act l
was amended in 1978 by the passage of the Uranium Mill Tailings Radiation Control Act of 1978 which requires Agreement States regulating l uranium and thorium tailings resulting from recovery operations to adopt i
certain technical and procedural requirements. The 1978 amendment also <
requires NRC to periodically review Agreement State programs for j adequacy and compatibility.
l l Section 274j of the Atomic Energy Act provides that the NRC may l-teminate its agreement with a State if the Comission finds that such '
termination is necessary to protect the public health and safety. In 1980 Section 274j was amended to authorize the Comission to l 1 In 1978, Congress enacted the Uranium Mill Tailings Radiation Control Act of 1978 (UMTRCA) which, among other things, added to the category of byproduct material " tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content."
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- - temporarily suspend all or part of an agreement with a State in the case of an emergency situation where the State failed to take necessary action. Such suspensions may remain in effect only for the duration of the emerg ncy. A cop of Section 274 of the Act, as amended, is enclosed Enclosure 1 .
The mechanism for the transfer of NRC authority to a State to regulate the radiological health and safety aspects of nuclear materials is an i
agreement between the Governor of the State and the Comission.
Criteria for such agreements have been published by NRC as a Policy Statement in the Federai Register (Enclosure 2). A copy of the most
, recent agreement, with Ute, is enclosed for illustration (Enclosure 3).
Before actually signing the dccument, the Comission, by statute, must determine that the State's radiation control program is compatible with the Comission's, meets the applicable parts of Section 274 and that it is adequate to protect the public health and safety. For its part, the 1 State establishes its authority to enter such an agreement by passing enabling legislation.
Atp{esent, twenty-sevenStateshaveenteredintosuchAgreementswith NRC. These States now regulate about 60% of the licensees for byprodect, source material, and special nuclear material in the United States. In 1981 the Comission determined that qualified States may also enter into limited agreements for regulation of low-level waste in permanent disposal facilities.
Each agreement provides that the State will use its best efforts to maintain continuing compatibility with the NRC's program. The NRC maintains a continuing relationship with each Agreement State to assure continued compatibility of the State's regulatory program and its adequacy to protect health and safety. This relationship includes:
exchange of information on a current basis covering regulations, licensing, inspection and enforcement data; consultation on special licensing, inspection, enforcement and other regulatory problems; and an annual meeting of all Agreement States to consider regulatory matters of '
comon interest. Special technical assistance is routinely provided to the States upon request.
As mandated by the Atomic Energy Act, NRC conducts on-site, in-depth program reviews periodically of each Agreement State in which organizational, administrative, personnel, regulatory, licensing, compliance and enforcement program areas are reviewed. Selected licensing and compliance casework is reviewed in detail. State :
inspectors are accompanied by NRC staff on selected inspections of State licensees. A copy of the guidelines which the NRC uses in conducting such reviews have been published in the Federal Register as a Comission policystatement(Enclosure 4).
Z Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Idaho, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Nebraska, Nevada, New Hampshire, New Mexico, New York, North <
l Carolina, North Dakota, Oregon, Rhode Island, South Carolina, Tennessee, Texas, Utah and Washington.
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. - 3, Wnen program deficiencies are idzntified specific recommendations for improvements are developed and formally transmitted to the State for action. Follow-up reviews are made as necessary.
NRC provides a wide spectrum of training for State personnel. Examples are short-tenn courses in health physics, radiography radiation safety, nuclear medicine, inspection procedures, program management, and control of uranium mill tailings. Travel costs and per diem for these training sessions are paid by NRC.
Although other Federal agencies, such as the Environmental Protection 2 Agency, the Food and Drug Administration, and the Department of Transportation are also involved in the control of radiation hazards, NRC's Agreement State Program serves as a focal point for Federal-State cooperation in radiation control. The NRC State Agreement Program is implemented by the NRC regional offices in accordance with established :
policies and procedures developed and maintained by the Office of State Programs.
The staffs of the Office of State Programs and the Regional Offices are ready to meet with representatives of Governors, State agencies, State legislative comittees, State advisory groups and others to explain ;
fully the NRC Agreement program. They can provide descriptive materials about these programs and model State acts for regulatory legislation and t
will also arrange meetings with other NRC staff members on specialized subjects as appropriate.
What are the advantages for a State that takes over the Comission's regulatory authority as described above? The principal advantages are the following: ,
(a) NRC's authority does not include regulation of x-ray machines and t accelerator-produced otherradiationproducingequipmeng,Regulationofthesesources radioactive materials, and radium. -
for radiation protection is, and always has been, primarily the responsibility of the States. Many States now exercise surveillance over these sources of radiation which, in the ,
aggregate, are responsible for over 75% of the public's exposure to ;
radiation, other than from background. Thus, by assuming the ;
authority which the NRC is authorized to relinquish, a State is !
able to have, as part of its public health system, a complete and comprehensive program for radiation safety.
(b) Many facilities, including medical institutions and physicians, use radioisotopes as well as x-ray machines and radium. A State regulatory system which covers all such radiation sources enables
.most users to deal with a single agency rather than with a Federal agency for a part and the~ State for the remainder.
(c) An agreement with NRC enables a State to make its own licensing decisions and in doing so, to take into account local conditions.
, 3 NRC does regulate radium to the extent it occurs in uranium or
! thorium mill tailings, see footnote 1, p. 1. ,
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(d) The proximity of licensed users of radioactive materials to the
. regulating agency has bten cited as having significant advantages for both the users and the agency.
(e) Entering into such an agreement with NRC would be consistent with a i
serious interest of a State in being kno A dgeable about all sources of radiation located within its soundaries. '
(f) An agreement with NRC enhances the cote of knowledgeable people at the State level who can respond to inquiries and incidents.
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Administrative costs that are incurred by a State becoming an Agreement i j State very from State to State, depending, among other factors, upon
- whether or not the State already has a radiation control program t
covering sources of radiation not regulated by the NRC, i.e., x-ray machines, accelerator-produced radioactive materials and radium. Where this is the case, the incremental costs would be less than if the State previously had only a limited or voluntary radiation control program.
As a rule of thumb,1.0-1.5 staff-years per 100 licenses is needed to i effectively administer the program asstaned from the NRC. This is a 4
rather general index and actual staffing needs will vary according to
, the particular circumstances in any given State. Further, those States 1
which have major licensed facilities in their State, such as low level i- burial grounds and uranium mills, will need additional resources. NRC staff can provide further guidance on staffing requirements for
- regulating in these areas.
NRC charges most of its licensees license application and inspection fees. Whether or not an Agreement State charges fees is a matter of choice for the State. NRC does not provide funding to States for routine program costs. Some Agreement States fund their programs out of
! general revenues and plan to continue doing so. The majority of the i
Agreement States, however, have authorized collection of user fees as a means of assuring an adequate funding base. As a result of these States' fees and those of NRC, over two-thirds of the licensees in the United States are licensed by agencies authorized to charge user fees. ;
NRC has prepared model State legislation which includes authorization for a fee system. NRC staff can assist States in developing fee j systems.
- The Agreement State experience since 1962, the year of the first !
Agreementi, has been that the States generally conduct effective !
! radiation control programs. When major program deficiencies are noted l
' by NRC, technical advice, assistance and training is offered by NRC (within its resources). The main area of concern is maintaining ,
! adequate staffing levels, a reflection of State salary structures and i
' funding. On the other hand, Agreement States typically excel in having '
highly trained staff and by conducting more frequent inspections than NRC. '
i ,
Enclosures:
1 1. Section 274 of the Act, i i as amended
- 2. 46 FR 7540 and 36969, L and 48 CFR 33376 '
- 3. Agreement with the.
State of Utah
- 4. 46 FR 59341
,.-, - - . . , - . - . .-~--wr..--,y--- - - - - , - - _ - - - . - ~ - - - - , - - - - - . , - . y-, , ,,--m-------c.-yw..n.-.-.wm-v-m-. . w c wwm,..--.-,w,,,w-,
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N 126 commerce shall be subject to the regulatory provisions of the Federal Power Act. r tmone d "Src. 273. Lictssiso on Gounsutst Actncits.- ! .
C'"a"'"" Nothing in this Act shall preclude any Government
{g agency now or hereafter, authorized the production, marketing, or distr ution of electric law to engage i,n ,
energy from obtaining a license under section 103,if quali-fied under the provisions of section 103, for the construc-tion and operation of production of utilization facilities for the primary purpose of .roducing electric energy for das osition for ultimate u c 7 *"no. '
-- -2W Companaview iw ST4tesMm tion.
Lic ' "a. It is'the purpose of this section-
=< m "(l) to recognize the interests of the States in the ,
and to clarify the i peaceful respectiveuses of atomic energy,his responsibilities under t Act of the States and the Commission with respect to the regulation of by oduct, source, and special nuclear materials;
- 2) to rcccgnize the need,and establish programs for cooperation between the States and the Commis-sion with respect to control of radiation hazards associated with uw of such materials;
"(3) to promote an orderly regulatory pattern between the Commission and State governments with respect to nuclear development and use and reg-ulation of byproduct, source, and special nuclear materials;
"(4) to establish procedures and criteria for dis-continuance of certain of the Commission's regula-tory responsibilities with respect to byproduct, source, and special nuclear materials, and the assumption thereof by the States;
"(5) to provide for coordination of the develop-ment of radiation standards for the guidance of Fed-eral a ncies and cooperation with the States; and
"(6 to recognize that, as the States improve their ilities to regulate effectively such materials, itional legislation may be desirable.
g5"* ai=. "b. Except as provided in subsection c., the Commis-sion is authorired to enter into agreements with the Gov-ernor of any State providing for discontinuance of the regulatory authority of the Commission under chapters 6,
. 7, and g, and section 161 of this Act, with respect to any one or more of the following, materials within the State- ,
"(l) by product matenals as defined in section lie. '
(1);*
"(2) byproduct materials as defined in section lie.
(2);m7
"(3) source materials;
"[4) special nuclear materials in quantities not sufncient to form a critical mass.
OMNfD mTi "w*' YMer 2M6uutyade.as
, 5 6!$ifr".E hen '""'" "'
' SL
_ ___ _ , _ . _ _ _ . ~ _ . . - . _ _ ,. _ _ _ , _ _ _
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. i 127 During the duration of such an agreement it is recognized that the State shall have authonty to regulate the mate-rials covered by the agreement for the protection of the public health and safety from radiation hazards. .
"c. No agreement entered into pursuant to subsection
- b. shall provide for discontinuance of any authority and the Commission shall retain authority and responsibility with respect to regulation of-
"(1) the construction and operation of any pro-duction or utilization facility;
"(2) the export from or import into the United States of byproduct, source, or special m. clear mate-rial, or of any production or utilization facility;
"(3) the disposal into the ocean or sea of byprod-uct, source, or special nuclear waste materials as defined in regulations or orders of the Commission;
"(4) the disposal of such other byproduct, source, or special nuclear material as the Commission deter-mines by regulation or order should, because of the hazards or potential hazards thereof, not be so dis-Posed of without a license from the Commission. De Commission shall also retain authority under any such agreement to make a determination that all applicable standards and requirments have been met pnor to termination of a license for byproduct mate-rial, as defined in section lie. (2).* 42 0 s c. 20ia Notwithstanding any agreement between the Commis-sion and any State pursuant to subsection b., the Com-mission is authorized by rule, regulation, or order to require that the manufacturer, processor, or producer of coadii.oni any e,quipment, device, commodity, or other product containing source, byproduct, or special nuclear material shall not transfer possession or control of such product except pursuant to a license issued by the Commission.
"d. He Commission shall enter into an agreement under subsection b. of this section with any State if-
"(l) The Governor of that State certifies that the State has a program for the control of radiation hazards adequate to protect the public health and safety with respect to the materials within the State covered by the proposed agreement, and that the State desires to assume regulatory responsibility for such materials; and is in a)ccordance with the requirements of subsection"(2 the Co
- o. and in all other respects
- compatible with the Commission's program for regulation of such mate-rials, and that the State program is adequate to pro-tect the public health and safety with respect to the materials covered by the proposed agreement.
"e. (1) Before any , agreement under subsection b is Nw.non signed by the Commission, the terms of the proposed '"E"-
8"Pubhc tan 95404 (92 stat. 30M)(1978L esc 20$4. edded a nre erntence efter g
- i e an w re pects tefoot the war 4 *compouble".
seqEremenin u E o. a$1 he
Q d 4
r 128 l
agreement and of proposed exemptions pursuant to sub-section f. shall be published once each week for four consecutive weeks in the Federal Register; and such opportunity for comment by interested persons on the proposed agreement and exemptions shall be allowed as the Commission determines by regulation or order to be app (r pnate.Each proposed agreement shall include the pro-pose effective date of such proposed agreement or exemptions. The agreement and exemptions shall be pub-lished in the Federal Register within thirty days after signature by the Commission and the Governor, t==.s "f. The Commission is authorized and directed, by C,",.*, ",",f regulation or order, to grant such exemptions from the licensing re,quirements contained in chapters 6,7, and 8, and from its regulations applicable to licensees as the
- Commission finds necessary or appropriate to carry out ,
an,y agreement entered into pursuant to subsection b. of this section.
"g. The Commission is authorized and directed to cooperate with the States in the formulation of standards for protection aga, inst hazards of radiation to assure that State and Commission programs for protection against hazards of radiation will be coordinated and compatible.
Feh,.I "h. There is hereby established a Federal Radiation c"".J'"
Council, consisting of the Secretary of Health, Educa-tion, and Welfare, the Chairman of the Atomic Energy Commission, the Secretary of Defense, the Secretary of Commerce, the Secretary of Labor, or their designees, and such other members as shall be appointed by the President. The Council shall consult qualified scientists and experts in radiation matters, including the President of the National Academy of Sciences, the Chairman of the National Committee on Radiation Protection and Measurement, and qualified experts in the field of biol-ogy and medicine and in the field of health physics. The Special Assistant to the President for Science and Tech-nology, or his designee, is authorized to attend meetings, participate in the deliberations of, and to advise the Council. The Chairman of the Council shall be desig-nated by the President, from time to time, from among the members of the Council. The Council shall advise the President with respect to radiation matters, directly or indirectly affecting health, including guidance for all Fed-eral agencies in the formulation of radiation standards and in the establishment and execution of programs of cooperation with States. The Council shall also perform such other functions as the President may assign to it by Executive order.-
i== "i. The Commission in carrying out its licensing and regulatory responsibilities under this Act is authorized to enter into agreements with any State, or group of States, to perform mspections or other functions on a coopera-tive basis as the Commission deems appropriate. The i
- n.A=."'T.
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129 Commission is also authorized to provide training, with or without charge, to employees of, and such other assistance to, any State or political subdivision thereof or group of States as the Commission deems appropriate.
Any such provision or assistance by the Commission shall take into account the additional expenses that may be incurred by a State as a consequence of the States entering into an agreement with the Commission pursu-ant to subsection b.
i "j. (1)2'8 The Commission, upon its own initiative after Tn.=s.
d ra-.i.
reasonable notice and opportunity for hearing to the State with which an agreement under subsection b. has become effective, or upon request of the Governor of such State, may terminate or suspend all or part of2n its agreement with the State and reassert the licensing and regulatory authority vested in it under this Act, if the Commission finds that (1)282 such termination or suspen-sion is required to protect the public health and safety, or (2) the State has not complied with one or more of the requirements of this section. The Commission shall peri-odically review such agreements and actions taken by the States under the agreements to insure compliance with the provisions of this section.20
"(2) The Commission, upon its own motion or upon request of the Governor of any State, may, after notifying the Governor, temporarily suspend all or part of its agreement with the State without notice or hearing if,in thejudgment of the Commission:
"(A) an emergency situation exists with respect to any material covered by such an agreement creating danger which requires immediate action to protect the health or safety of persons either within or out-side of the State, and
"(B) the State has failed to take steps necessary to contam or eliminate the cause of the danger withm a reasonable time after the situation arose.-
A te,mporary suspension under, this paragraph shall remam in effect only for such time as the emergency situation exists and shall authorize the Commission to exercise its authority only to the extent necessary to con-tain or eliminate the danger."288 "k. Nothing in this section shall be construed to affect the, authority of any State or local agency to regulate activities for purposes other than protection against radi-ation hazards.-
"1. With respect to each application for Commission %a license authorizmg an activity as to which the Commis I'
sion's authority is continued pursuant to subsection c.,
the Commission shall give prompt notice to the State or e
" mar,:.[eO!$'."sE $N${M"*c.YA$7'I n
E*[lEM4,6, MEi ,"id '..?s
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4j'.".T g=,,, T.,sra.g%2 ru,6, y.WW,.'E
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1 130 States in which the activity will be conducted of the filing of the license application; and shall afford reasonable -
opportunity for State representatives to offer evidence, interrogate witnesses, and advise the Commission as to the application without requiring such representatives to take, a , position for or against the granting of the application.
- m. No agreement entered into under subsection b.,
and no exemption granted pursuant to subsection f., shall affect the authority of the Commission under subsection 161 b. or i. to issue rules, regulati the common defense and secun,ons, ty, to protect or restricted orders to protect data or to guard against the loss or diversion of special nuclear material. For purposes of subsection 161 i.,activ-ities covered by exemntions granted pursuant to subsec-tion f, shall be deemed to constitute activities authorized pursuant to this Act; and special nuclear material acquired by any person pursuant to such an exemption shall be deemed to have been acquired pursuant to section 53.
p v.=a.= "n. As used in this section, the term ' State' means any State, Territory, or possession of the United States, the Canal Zone, Puerto Rico, and the District of Columbia.
- As==== - As used in this section, the term ' agreement' includes any amendment to any, agreement.285 "o. In the licensing and regulation of byproduct mate-rial, as defined in section 11 e, (2) of this Act. Or of any activity which results in the production of byproduct matenal as so defined under an agreement entered into pursuant to subsection b., a State shall require-
"(I compliance with the requirements of subsec-tion , of section 83 (res product material and,and land)pecting ownership of
"(2) compliance with standards which shall be adopted by the State for the protection of the public health, safety, and the environment from hazards associated with such material which are equivalent, to the extent practicable, or more stringent than, standards adopted and enforced by the Commission for the same pu pose, including requirements and standards promu ted the Commission and the a , "un Administrator o the nvironmental Protection
" ' - "- A" pursuant to sections 83,84, and 275, and rocedures which-
" A) in the case oflicenses, provide procedures under State law which include-
"(i) an opportunity, after public notice, for written comments and a public hearing, with a transenpt.
"(ii) an opportunity for eross examination, and
"(iii) a written determination which is based upon findings included in such deter-mination and upon the evidence presented during the public comment period and which is subject to judicial review; anpuu,e ga,9s404 (92 seat. 3037)(1979L we. 20 dict added lost unerare to nec. 274n.
6
q l l
1 131
"(B) in the case of rulemaking, provide an opportunity for public participation through writ-ten comments or a public hearing and provide for judicial review of the rule;
"(C) require for each license which has a sig-nificant impact on the human environment a written analysis (which shall be available to the public before the commencement of any such proceedings) of the impact of such license,includ-mg any activities conducted pursuant thereto, on the environment, which analysis shall include-
"(i) an assessment of the radiological and nonradiological impacts to the public health of the actisities to be conducted pursuant to such license;
"(ii) an assessment of any impact on any waterway and groundwater resulting from such actmtes;
"(iii) consideration of alternatives,includ-ing alternative sites and engineering methods, to the activities to be conducted pursuant to such license; and
"(iv) consideration of the lon pacts,includingdecommissioning,g-term decontam- im-ination, and reclamation impacts, associated with activities to be conducted pursuant to such license, including the management of any byproduct material,as defined by section 11 e. (2); and
"(D) prohibit any major construction activity with respect to such material prior to complying with the provisions of subparagraph (C).
If any State under such agreement imposes upon any licensee any requirement for the payment of funds to such State for the reclamation or long-term maintenance and monitoring of such material, and if transfer to the United States of such materialis required in accordance with section 83 b. of this Act, such agreement shall be d*"*""
amended by the Commission to provide that such State shall transfer to the United States upon termination of the license issued to such licensee the total amount col-lected by such State from such licensee for such purpose.
If such payments are required, they must be sufficient to ensure compliance with the standards established by the Commission pursuant to section 161 x. of this Act. No '2"5C 2"'
State shall be required under paragraph (3) to conduct proceedings concerning any license or regulation which would duplicate proceedings conducted by the Commission.2'6 "In adopting requirements pursuant to paragraph (2) of this subsection with respect to sites at which ores are processed primarily for their scirce material content or which are used for the disposal of byproduct material as defined in section 11 e. (2), the State may adopt alter- 42 usc.mi4 natives (including, where appropriate, site-specific alter-natives) to the requirements adopted and enfdrced by the MPubisc Law 9s404 (92 sut 3037:I197sk sec 20 stet added a ero sunnec o
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1 132 Commission for the same purpose if, after notice and opportunity for public hearing, the Commission deter- [.
mines that such alternatives will achieve a level of stabiliza-tion and containment of the sites concerned, and a level of protection for public health, safety,, and the environment from radiological and nonradiological hazards associated with such sites, w hich is equivalent to, to the extent practi-cable, or more stringent than the level which would be achieved by standards and requirements adopted and enforced by the Commission for the same purpose and any final standards promulgated by the Administrator of the Emironmental Protection Agency in accordance with c u.s c. m22. section 275. Such alternative State requirements may take into account local or regional conditions, including geol . '
ogy, topograph . hydrology and meteorology.",28?; -- ?~
Src. 275. tatin Asn Ewinosurst4t St Asornos for c o.s c. m22 Unasit:u Mitt Taitiscs.-
"a. As soon as practicable, but not later than October I, 1982,2'8 the Administrator of the Environmental Pro-tection Agency (hereinafter referred to in this section as na the 'Admmistrator*) s'ull, by rule, promulgate standards of general application (including standards applicable to licenses under s<c:ian 104(h) of the Uranium Mill Tailings Radiation Control Act of 1978) for the protection of the public health, safety, and the environment from radio-logical and nonradiolog.ical hazards associated with residual radioactive rr.atenals (as defined in section 101 of the Uranium Mill Tailings Radiation Control Act of 1978) located at inactive uranium mill tailings sites and depository sites for such materials selected by the Secre-tary of Energy, pursuant to title I of the Uranium Mill Tailings Radiation Control Act of 1978. Standards promulgated pursuant to this subsection shall, to the maximum extent practicable, be consistent with the requirements of the Solid Waste Disposal Act, as amended. In establishing such standards, the Administra-tor shall consider the risk to the public health, safety, and the emironment, the emironmental and economic costs of applying such standards, and such other factors as the Admmistrator determines to be appropriate.28' The Administrator may periodically revise any standard promulgated pursuant to this subsection.
"After October I,1982, if the Administrator has not promulgated standards in final form under this subsec-tion, any action of the Secretary of Energy urider title 1 of e u.s.c. wi t the Uranium Mill Tailings Radiation Control Act of 1978 which is re ance with,standards quired to of comply with, or shall the Administrator be taken complyin accord-with, or be taken in accordance with, the standards pro-posed by the Administrator under this subsection until such time as the Administrator promulgates such stand-ards in final form.-22o MIU0:USIUI o72,':,Pe,-fd!A5.Q. lEA",f"n-*"d [ *'"2' ' '
".$WlfU f."g"
n die B:M"n','Dll2% 7,wgg.'jgy, o-p,,
i, 2
year after enactment of i ecctece' e
"^ ^ ~- ^^
-7 i
+( __
'SC ' .
Fede a! Re :. ster / Vc'. 4L Nc. *! / Friday, la=e.: c a r. ' Nen:ss
&h Eg -m sg., sasnad at was.mssa:.C. the team mar a .i a=caded by Puh.L SM04
,esusianorm! Smery wic tiesem Fut. cflanuary :sc. a,.....en .Nove=her L trrL These
.orrernance meeang wie Supproup Essa namsman.
c .ts .a are intanced to inmaste factors
% Amassames.srean y enaser. wm= tae r~-"--" ansnas to
, Nonce is hereby 3rve that the yaa w n ei man:e===i c=ns2de-2 aoproving new er amended , .
aetanal Aansary Ca=== nae on sauns asas .s.s ' asmsmaats. Taey are not insonned to . -
, secusananal Safety and Healta h=:t ceama- discrvnen te nowing -
MCOSH) wm meet on Foorsary *5-=. miinanal agreements er ===='-==an ..
Nix; EAR REGULATORY 981 at the Franess Penans Depa..me= r manasema' In ac=araanse with these anatsanry Ilabar 5-u~ RomanNeer.T=rd pronssons. when an agreement between truet and Coassannan Avenna.N.W. cretores far Qutamies of sesses and a Stats and the NRC is a5ecand. the
' c. 4 . we A as
.aantagiar D.C.The seennys win NRC in Dissonsnuones of NRC esm at too a.ar., tne pushc is avsted te Roguestory Ausnortry and Assunwoon pgary.amhamy witinn that Sak l nand. Thereof my sasses Tairougra Agreement ove one ormore of the -M 8
=
"he National Anytaary Fam-"Se matanals: Li , maasnalas deAnad i aanscu U.S.Nocesar Ragniatory in Secnon:2a(1)of me Act
.as estanhanec unos:Secnon 7tal of Camansmer te Oc=npational Safety and Heals Act traw -a - ). L . a ==n -ial as .
asnose sa=-t of Pohoy. :
osanedin Seaman,,,2a(0.) of sne As: tem .j
!1870 (as U.S.C.ses) to navise tne i
ecutary ofLabor sad the Secesary of taihass orwastes) samma mansna! :
suesssasm The Naciese Regulata y (uraamm and tonnam). specai n=ei==*
.ns12.Educaman and Welfare on Commission has=stana rensed for its ="d-stateci nsat of matanal (um. mar. :22. srannu= :ss and t
zaners raiating tc the aaew-=n= of policy regardag ,
- Am. plutocaml h quanstnes not sc*5mant to States and NRC h mnemetmunnen of fa=n a anncalmass and pennement Wecnesday.Tsbroary 2L 1ss: wC be NRC mgulatary amhaetty and evoted to Sungress meenags.De esposal of low-level weste canttmang '
assumpnan of regulatory autharrty by ebproups wm casenss: States througn agreemen* . This acnan is one ormore of the instenals stated I above but notincanmg mill talhass. '
nacernary to maze editorial changes to i' g ,,,,,gg ,,,, g g , ,y,,,,gy trpdate tae pahey staten==u to allow :. An agreement nav be e5sc:md .
I betwee a State and NRC:( 13 pan l _ d,.i sysisms far N1:5H/0SHA 2.
States to enterinto agreements forlow-level waste caly, and to acorpoints de carnicanan by the Covernormat the State has a progrs= fa the tantrol of
)
ien:y seanas. provisacos and regnarsenents of the r
The asenna fer Febr=ary 25 an; Urannur.Mm Tatimes Radianon Control radiatan ha=arns adequate tc protec Act of127L Adoptan of this policy wiD the publi: heali and safety was respect i2 m=uce repons an CSHA an r to tne mammin wM- 1: State covered -
- ICSH acnytnes a Ana,-- of repest allow hterested States to entar into by*h -
- M w and se islatmos. and - -- ofoser agreements wit tne NRC and mgulate low.;e,e! waste sites only. Addinosany. State desires to assene regulaterv' afety and bashn mans-s relanns to responsibsty for such matanals: and (*)
?SMA and .MOS1"- those States that anset the citana far afic a hd.ing by b c- !
the regulation af tiramu= mills and d= that Wnns= data o-mws conce=ng taEings may exercise regulatory the State program is in accornance with tese rgenda sta= s may be sum =ined to autnortry over tusse sources as , ..r..d the requ.".ements of suaseenan e of ;
se Dmsta= of Cansame Afans. Sam by the Urasmun M:31 Tailings Radianon ec,.mn 24 and m aD otner aspects oc=ments wn:c are reserved before scapathis ws1 the Pa====a' 's se senecnued mesc=g mates. preismhiy Can rs! Act ofif7L as amanded. ;
i
' The rensed sistement of polioT program for the agulacon of such '
th 20 copies. wiD be presanted 2 ma matenals. and as asequate to protect the refases the foBowng prun= pal ananges:
nee and me:noed = the o*5ma! . Mod!Ecation of Caterton = to punhe health and saferv wah resoect to c:=rd cf the 7.E-r =- allow a State to seek an agreement for me maanals coveredrk h M Anyone wbc wishes to make an oral the reguistian oflow-level waste as a agreeman. It is also necessary that the .
esamtation abould notify the Divamon separam category. State have enabhag legislance .
y e- Afans before h meeung author =mg its Covernor to estar ato 7 Taam='n of *A*w-1 cntena for ,,gg ,, -
sts. Tm request saould inciude the States wisaang to conturne regulatmg
- neunt cf t=ns sesirac. the especty h uranuun and taarnan processors and 3,.g.he aagmal e. tans were == #'di-u ~
i '
- nich tne person wG appear and a bne! =ciU tat!mps after Noveenac L 1ML on Mare 20 :se. (25 FR 2s 7)' altar -
atline af the content of tar 2.Idisonal and ciazJymg snaanges to *** '=*'aaa w 2 vanous Staw M I esentatier Oral preesstamans wC be anse the statement current, and other State representenwes. to
- heduled at the mscrecon of tae natss: nis policy statement is efeceve and anim a h
.ainnan of the &wamim to tale extant }anuary 23.1ssL States and tne AEC (now NRC)in !
nich tune permits. post puumesst assoassation costracts developing a resusatory prograse wmen !
Fer additionali=fonsstian contas: John F.Kendas. Of5ce of State Programs. would be competiale with snat of the <
is.-e=== Page. Division of Consumer U.S. Nacisar Regulatory Co=:nassion. NRC.ne c :tana wen cuculand '
WasamgarJ.Cm e h among States. Federal agenenes. labo-
.adaars. Oc= panonal Safety and and mdusty. and othe inismsted 1.ieals Assunistraner 2rd Street and 4E2-7N. groups for emanient.
Csassanon Avenus.N.W.R=. suses.msorrasrv mesoassanose
- 4. De antens roouire that the State Nas L Wah== D , 2=1 .These entana were deveaoped to authonry ea=iaar tne total assumulated Tciephone 2cus2M20 implement a program. sumormed by occupanonal redaticon exposure of -
Puh.I sM73 waien was enacted tz h memcinals. To facihtate such an OEisalrecords of b meetmas wiD fer= of a new secnon to the Atoauc appeach. It is the new of tae NRC that e avanable for publicinspecnon at the Inergy Act (Secnan =4) and soproved I mason of Consumer A5aus. an overall radiation protecnon program by the Pmsteent on September 22. tese is aestreole. The max:sunn scope of I W
- u. .
Fedeal Re;=s: r W. 4L Nc. S / F . day. Janu:: . .1st. / Motees -A
. , 5~
esci State : radaau= p-ste== c:e=sure cfi=svtduais. i-4 tag that surv2ys, and c:sposals cf mate .als i:',
,.. .= u :::. sawrv=. a se=essey -- '-- ::=:es wm= an not regularec by kee: rm cf tse recer;t as: =a: site
........att s :ne= ler coversys = t e 1:. cf tse mam (c) repe . ar-*- -*
c:.te .a. C:=necue=tly. tse entana an L.!k.~. reys. Mariser. ag. Appregnate +-"'e=tz mvelvt=g the matesazz. as suset c= de queston of whetner a State su:veys and personnal mammr=; me- pres = bed by tne regdatory an=cn:7 should have a t=tal ngdatery propa= :: c:en supervision of teMy (dl make avaiiade upon request cia cove .=g au secrees of radianc=. c=:pers=: people are ==~=1 = !zmc or:pleyee a repo:t c! tse
- -"~" ! tanne net sunnet to ac=:rul by a=tevmg radiolog2 cal protectos a d :=picyee's exposee to radianec: (e) ad de NRC u=dar tse Aton: - Raergy Ac:. scaU be made i: osterm= tag request of an e==picyet advise the su:s as x-reys. rat:::r. a=eicsters. etr. ~~-'== with safetyregmancas. smulayee of his or her annual ;
L hase rertsed ettena provide fe L L=oazz. Signs. Sy=toca. h u exposure and I') U esc: == ierre.
- m m: as agrcement for a cascamle to ac:peve u=i! r=!!!:: b wn==g woen tne e=;!cyee has separate cstes=7 cf matensis, namely. laaels. angns and sytanois and the recarved raciiano: exposure = cx: ass -
low-level waste mata=alin per. anent pos:=g tsersof. Howeve. it is essential tse presenmed ! bets.
6scosal facilines.They also primas taat there be unifamury m lace:s. sages. 11 Ac:10aac! Aeg=recraner ed new c=ta=a fir- States wtsang to and symnois a!" sed te radiosc=ve Ise=---" Cons 2 stem wit t e overat cm=t=ne regulat= s can=m and thm=m procacs whic: are transfarred frc= =tsna here a=umcated and to processms and de wastes resubag perea: to person. t 4te soecaal cases or
- tuers=cc: unter: e primsions c! tne 7.Jarc'u=an. Persons warsang i= or c:r:==nstascas tne State regulatry ,
Urs=c= Mit Tailks: Radanon Cat =re! coquen=ng restncted areas 'ssan be autaenty sca2 he authanzed = 1 A= cf 1375 (?:h.1.23-404) afie inscucted with respe: to the haalth t=&vicnal cases te z=rpose addinenal '
Nove=nc L sg .The rmsad c=tana niks assoc:sted wi$ exposee to reou:re:na=ts ta protec healt a:d ;
also ec=ta2= a h of edtenal radanc=ve matenals and 2: prer=rwe a safety, or to srs=t necessary exe=scon e r T** sud as c.a=g=g AEO m NRC to -- exposura. Warzes anan wh:= wul not jeopartze healta and I where .rre.. ate to em:du= to present have the nght to request agdate, safety. '
P"**** **A I"** ******T **P****** ** PC U CIE 15-L bqu=es scout m.etans of the so -- 15.15 and to be repress =ted P.-crErcluccan ofUtes ofR. dio gg,,.g, j c=te=a er etse especs cf the NRO ciu~ g bspectema as specified m 7eccal. State Relacons Program should seenen 12.14 of 10 CFR is. 11.PaarIve.fue:ian of Nc=r:is ed be acesssed t:
- e C5ce cf State L 3 cr=ye. I.ic==wd raczoac::ve Uses. E.xceptions. b tne presant state -
Progn=s. U.S. hu:!aar Ker=latery matenal e stcrege shah be sec=ed knowiecta. It 13 necessary t= rerda==g!
, c'--~ ~ Wast.=gte D.C. --*" aga=st unautherand amoral. the poansaten and se of bypro-- ;
% s. Wer:e Discos =!. The standa.*is != so=ce a:d specal ecisat =atenas j the chsposal cf radioac=ve matenais t st the State regdat ry auth:=ty l Objec=ver dts tne a=. wate, and sewes. and req === the subu=sst== ef c:ic an=
1.?r=**-+- A State regulat::y bunal b the soil shah be = ac=crdas:: c:. asd evahauen of. the potental j prog a= sha!! be cestg=ec t: prota= 6e wth Part = McIners of radioac ve hazards and the espa'cGity of the user a has15 a :1saiety cf tse people aga=at possessor matenal desa.._ g to release or dispose cf =atanals.g.or to hs recerpt of de racance ta=a=s. quannues m ex= ass of the prescnoed . .s c= enon is s=_"te= t=
Re ".d -* .--prsze= e S2= .c.*=r 8
. . h=its shaU be req = ired to chta= speca! - ce:.a= sceptons and to cc=~=:=g
, p,= =,, ion g.,,, 23, ,pp,,p3,g, raapprassal as knowledge and j L 9- "--=s. The State regulatry regulatory autnanty. expenen=e a me ate =2 energy Seld t
progrs= shan adopt a ut af standar:is :a_ Reynierat:r caverning shiperse, i==3aw. rrecue:tiv taere art. asc f : protecace agatsst 23dianan, wc2ch ofF^-*ve Mezancis. The Stata ==easzngh m tse future there may na l
ahan apply to byprocn=:. scw=e and shat to the extent ofit it:=sdi:ne categenes of mats .ais and uses as to spe=al h =are .als b quantnes i.. : gate regulacons applicable to the wm= 6ere is sus::e=: knowledge te not r'%ent ts ic:= a c:ta=al mass. sh ment of radioac=ve matensla. su=. pat possession and une without yn' 1 U://m _.i:T im Radiesen St=an==s. regusacons to be competinie w!d those evabanon of me ha: arts and the It is z=pe: am to ::ve fer- d v2 established by the U.S. Depa. ment cf capso2hty of be posseasor and user.
- -=1 MN= and tmology. Tra=sportation and othe agences of the . ese caterones fau et: two 3:vups-pe.-" **7 as reisted to an= th=gs as US 2eti States whose p -*A--- over th se matanais a2d,Uses wn- 237 be u=its of measureme=t andradiat=n t=terstate *N- t of and amatenals C827588817 *** :Pt - Mf:Astcry done. There scaH be --*--ay a= secessanly rmmm== State rege em, co==ots sad those matanais a=d uses
- N Mle dames andIrfels N.n.'.irq se WsCon Cf radioac3vt N wme: sane:CDsICr masuae are ,
cf radianc: and can=e=trasons of mate-sh must be compatihie wie 10 mahtamad withom pre-evaluanc: cf radoac:mty, ar 2xed by Part 2 cf the CTR Part ?L me mdmanalposseesto orum.1:
NRC res=lanans based a c5caDy 11.Recorcie and Asparu. The State sudon=ng rewar= and deveiep==ct spyreved radiante protecace guides, regmatory progrs= shan requsre that er other actmnee evommt m=1tpie
- 4. ~c:c! Or---"cac! Acdiccan - hascers and users of raccac=ve ases of redioscuve =stenais, when a:
E.rpos se. The neu.atry as:a= tty shad matenals (a)mamtam records w g =s:._uon has people wit: exta=sive c==sade the total emtional radaacon p.w 41 rad atan expoewss, radiance. =s==g and expene=ce. the State resciate y audanty =sy wtsh to me awes ==e erec ==sowd a Paarearr test
- sameund em memes any e e , provtoe a means for ansor=ng broad tan rt ==r.>aares 2( tas:. ans ammissa e =eise = es no6.s by as bem ese o. ,es.= use of matenals witsout evalust=3 eat hovemme= tses (30 Fa tssa4 Deemmeur A teesk af remaose smesmes of Imemeus trem ensamere speciSt 43a.
l'** 5' * **** * **d *8**88 ****=aa *Saas"=*
M**' u.**====vrr ns.e *****" ".*u*.s*.
et 3 o**.*.*imas s er"
- em 'a sei "y em e . ,,,, 1 14. Ev=luctian C.Ttene. In evaluatm3 t ens oronamense emesse a Nc27. euerun. numeena a wearew team er teams e a e p: posal to Su radioac3ve matenau
- susseswa saan reve.esanus and keu asemanaea romaano. svacans y so wiseers m e,s.c e tne retulatory satonty snau deter =tn
- C ara semime me omru -----' area. the asequacy cf the appuca:rs fac!ka l
l l
! 6
l ~l=C Fe:ie .2 Re$iste / Vol. 41. Nc. !! / : .dzT. )---=:t 319C / Neti es a=d amisty eeni::ne. :. br ===ms cd r 6sucerert= tne proposed use is be expan:nce in this Leid.The hamsground expenenos a tse use c t=e matena:s erassasec ad aspecsad. The agnuss anc specdc :mamag of taman pomons l'
~ fer tse purposa recussied, cd ha competency to evaluate vanous wm incacase to same aman taa:: -
p-oessed as==nserstrue assernas. States ---a= *"-== ' besaros posannal rose in tne regulasarypropas.
siould deveico Fusa==e aa-w-=-++ for aanscpand wu:ma many asas of Tasse trainess. af ammma, assud he used use by hanse arthr. ann. :=as smaa=r. radiascuse matusal and acmass instaaDy to evaluate and aspect taeas l sasuld be cons:stant win NRC "-~ consentrenans of rushescave meannals apphcanons of rassacave.masanaas and regulatory smans fa-vanaus categones of Baensed ac:mmes.
in air and water aandiness44 N wmc= een osasanared romane er more .
s'-=a==* from me radannen safety the maaong of radaenan mensammeness.
IL /sacu= 1.lse. The use af radanacr.ve know eage of radzanoninstrumens-- == for samanpas. ==paa- ol
ata=ais and rasa=an a: or a h their sessenen, uma and sahbranas, inansusai gauges. sanan researc
saaD not be pe==nec sa=rpt by 1-% omag=. ==+=-==a-- programs and shagnosticmadama!
p w.: osan$ed persons (nonnaDy control other generalpanagues and prograss As tary gam - p=aa- and
, 4.censec paysu=ans) possessas pracones of radianon prosecour and commemnae in tne Send. trmases candd
! presenbod 2nm=m=. emner=9e m the use of management anotrots in assanas be used proposervary to deal with ahe
- use a
- romanasatopes or ramanar- adherunne to esfety promaares. E orme mare sempsex or di5sedt types of rn _m, to evalnam some semplex mass.me rushoacave maianal appliasuans. h is State regnasaury staf nueTased to be assuanae that sec= tresness han s ;
IL.Parpees.Ireoinacy.The. +
___ __ - -,_a 37 i, ,= ar utner bacinelor's angree erequrvelant h tne t'
! posseeman and use of ra6an=mve SAe agencies with superusa.m goosegy, physisj or H!a amancesand spectSc .
matenals ahan be sobrect to inspecnon b 4. weser gnahty. .m-u-e traming m anawnan prossenac. h
~
! ey the resmainry scanr ty and shad be and angemerug + d"""""f the requrement far suspect to the 7-wa== of test as To perfonn se M involved g acedenne trauung of indmduals in aD of .
! nqmnd or tne regula:ary assarity. evahaanon and inspecnon. It is assarable te fomsong casesonas pmper Inspecno: anc tasang is concs=ted to that there be personnel educated and ====w-= nan shomd be grvec ,te i este=une. and to assist 2 octas=ns. n'amedic me physical and/or Es eqwvalast competency wnich aas besc 1 c==mhance wie regmatory scenema. S biology, caecusny. Fassed by apprognate tocanasal and -
runnmaats. psysics and engstsenng. and that the ra6snan proran exponess.
trwoency of Insoectice shaU be -
11is - - ==_ that ransaac:rve
- related dM t= ma amont and k=d ",,,,,,,,,have had ammng g ,,g,,,, and y, p,,,,,,,,, matenals s'ad thez:uses are so vaned e!.=atenal a=d type of ooersucc that the evaluscan and aspecnoe hesnsed, and it saan he asequase to example. 6e person who wE be responsake ist 6e acmal paionnance fune-tane wm require skills and usure e-mpt=v-=- accpenance a the diferent ennemi%==
17.Ir.soec= ant t"---*9 71. ice = sees d evainance an.d "'P***** d aD d b l wnac: win not alwsys resuis in one
' shah be unn=- ordiganen bylaw to g",,*n,g wh persec.The regulatory entnerrty saould prevue ac=ess te msnec:nes.
come to he regulatory body sheidd have have tne composte a: suc= saans aztner 1L Na=fissume sfRasutas af sammarnal namnus and extansin kits employ e atits ===ar not
! L.sw-a
- ta=-==== are entdad tc be expenance in es Sold of radanon only for ronune funenans. but also for adv. sed of the results of msnecnons and ,,,,,,,,7,,,,,,
I te nonce as to whetner or not tary are t= protecnon. It is denratsae hat son: s 4 person have a hechelor's degree or Specic1NuclectMasena!. Sour =e
- P"' " egmvalentin the phyncal orIlie Matarre!anc' Tatine:
c
- # force =sent smances, and spectSc trannat-cadistian n twp q~ in ue as Special
! ts. E.trforcement. possession and use pmmemor. y,,f,,7 y,,,3,f, 3,,,,, y,,,73,j ,,,f j cf radioacave matenais should be 11is recognised that there wm siso be
~
pemms k tne ymgram i- Tri:ic:. Nothmt t= the State's amenable to ecfar=amsnt arouse lega} a regulatory program shaE intariere with sanctons. and tne reg.datery subo=ty more haned famenan a evaseanon and the duties insposed on the holder of the '
shat be d or assistad by law = s- = These pesons wC perform matanals by the NRC. for examoir, the wid tne ascessary powess for prougrt me day-to. day worz of the regulatory duty to report to b NRC. on NRO -
enforceme=:. T=s may inanane. as pragma and dealwie bot unma prescribed fon=s ( ) transfars of special i approgna:a. sanunasusuve rumenans sttaanons as web as some wmc= wE be nucasar matena!. soarse matrial and i loos ==g toward issaan== of orders out of se -e These persons tntaur. and A penocle t:rvents y data. '
regr.. sag =h== ave acasa or shouldhavi'a besmenor's degree or E 3pecia! Nucles- Moserra! De/Insif. !
surpension or revocano= of me aght a equivalent 2 the peymeal or life Spenai nnetes-material. in quanuties :
tionsess and :se matsnals.and the smances. tran=her t= beal & phyman. and not scScieet to form a staan! mass. for ur.sonnaang of matenals, tne ootamms apprazanately two years of actual work present pur, mees asens trenne:
_c!:stan= rve rehef and the inspoeng cf exponence m the Said of rashanac annchedin se tootope U. ass i:
. .r2 or cr. anal penalnes. promenar. quamenes not 4 330 press of The foregoat are considered comumed U 211: eramum:::: m pesonnel .n daaramie quallScanons for se saf who quaannes not +- * = 200 grams-
= Qaclifiacrions ofRepulosary anc' win be reopensibis for tan acmal piutosum in queennes'not exceedag -
laspe=non persarrael. Tae regulatory i ! . of svalaanen and 200 greme: or any ==mh== tion of thez cpenc/ saaU be s.45ed with ==haa* mspector in addinos,. there wt!! in asserdance with the followag -
canned personne4. pner evahaanon of prooably be trainees assomated with the fannada:Fo each kmd of spema!
cpoucanons for heennes or regulatory program who wi2 have am nuela=* matemal. assermine tas ratio cutner:sahans and aspecnon of esademme besapound in the piryssel or between the quenuty of that soecal heansees =ust as canancied by persons life soomoes as weD as vervmg anoems nacieer matanal and thw quaante possessag tne namans and exponence of spec!Sc ensamg a radianon spectSed above fo-tne same kus! of reievant to tae type and levei of protecnon but htue or no actual work spemal anelam mananal. The saa of
, UL' iFedca'. Resisur / Vcl. 45.. Nc. !! / F=:izy. Janua.y : . !se. / Netimes
.i su= rance for all ci se icads eisuecal the follow.ng oua:nues 1: comomano: for the DOI at U.S. Gov -- i-cwnec nucisar matenal t= c===mano: ss:uld would not exceed tse h= . itana: a=i an or ec=trched sites:
not exceed -- D.a. u=:!y). For -==1- witas: tas im=ula. as inhows: b. Pnme cc t.a==s pei . ;
meear= an. c: cevelop:nen:.
US (trans conuined U.225) , 50 (p as:s U-223) , SC (t-a=s pu) , ,* ma==faen=a. storage. tasons. er transpor:anc oL sta=: weapo=s e
-h. 200 200 components tauroci
- c. Pame contra ==s using or opea g (Tais d=%inae is sunnec to mange by 1.-..... . - of NRC regulatory nucinar reactars or otne nuclear '
f:are F--"-'== rule orregulanac.) ausnartty and the assumonon of sevtems in a1'.5. Gove:= ment ownsc Agg%., regulatory andant} by tne State may vah:r.ie or vessel: and roaste te any one or mane of the c. Azry o:ner pr=n contracor or
- 22. State pra nas for assunng the faar fahowms categenes of matenals withm suoconese:or of DOE or NRC was:: se <
and imparnal ar.. ..astranon of the Stata. as conten: plated by Public State and de NRC los=tly ester ==ne Di Mfulatory saw, masamt primston for Law as-rs and Puhuc Law 95-404. that. unce tne terms of tne conca= er '
pusuc para-" wnere apprognata. a. Byprosuct matanals as deined tu subcontra=, tam as adequate saould be incorporated m procacures secnonne(1)of the Act, assursace snat the work tas eunnar can '
fo: h.;,,. ;matenals as as5 medin be e-=-du-- withoot uncus =sk te a.Fo=mulation of rules of general secnonne(2)of the Ac:. tse pabhe' healtn and safety and Z dab.
appucanahty. c. Sour =e mannaas. the exe=pnen of such con:racte e
- b. A- or d. Specal ancisar matenals in suncanname is audot'. sed by kw.
for lice =ses or an:n,narymg spr6naaequannties not un%=nt to for= a o== anon to possess and use radioac ve matenals. and c=ncal mass. Addinonal Caiteria for States Regulating c.Taicas "e_.- y accons asahst e. Law-level wastes in pe:manut Uranuun or Thea-a Processors and hcenseen. shsoonal facihties. as seamed by stamte Wastes Resninas Th s.."- After A, 7,,.gj,,,,, g or c a====iaa rules or regulanons Novemner L 23E1 anamanny one or more of the matenals om,,,,,
jg.3,g.,g,,
stated in a. c. and d amove but act M. State Apeacy Designe: ion. The " - E- byproduc: matenal as danned :s. State statutes or i:!y ,.. ! sated State shoule mesate wmen agency or in Secun't ne(:) of the Acn regulanons should be enac: d. if = t agences win have aumocry for car ytag ba:nast relate to 6e whole of such alreacy = placa. to =ake clear State au:nonty to car-e at:t tin zw na- i ;
on se y=and asculd provine category or categones and not to a part legal me NEC" a su =cy ci,tnat d any category.*If less man the Sve 8 P"W- Law 95-4X. Uraniu= M.C l a%,.There saoul: se assurances Talungs Racaati= Con =ci Act asunst cuphcate regulanon and caser,ones an '~iad-ei n any
,i,,,, ,,,,,,,,,,,, = d ine h (UhCRCA) as fahows:
W-e r by State andlocal an:honnes. charnem-nan-. of Ngc reyr,1 story a. Authenty te regulate :he tas:=gs E an=,it may be oestrasie taat thm be a ansonry ad 6 assumpnon g wastes pie.;a.,4 by the extracu t. or 8
38,s.e cand mgu:sto y aumonty, regulatory authonry by the State of de ecceentrance of urantum or is._
! - ' 8 3I *** h "8' otners tnay be accomphaned fram any are processed pnmanly fer tE i
Fenmg.Waar. In efecong me saheequently by u ===ae--at or by a soc == matenal ennu a-c
""sance of J"-*-****- [gger agygggg,gg, b. That an adeouste surety (usde" approvnate arrangsmu* wiH be mi' The agreement may t; ,gte by ter. : estabushed by rerr.Janen) wt2 k by NRC and the State to ensure that pmvided by sne heansee to assu s me i
em wih be no hte:ference with or ste. nce provmons M ode docd-'A co=olenen of au regarements
_ + = these antana, ad se tatan'upnon of heensed acevices or the agreement shah be deemed to estanushed by the (c:ta appropnate
, processms of hense apphcanons. by acorperste without specfic refrence State agency) fe- tse dec= tam =anar mason of me ennafer. For exampia. one the provmons of Puh. L aM 3 and Puh. oncom=ussiocas. and reciamanen cf approace =nght be that tas Stata,in L M ud he miaed p g attes. scucunes. and e'qmpioen* need assu==ng innschcoc. could moogmza the AtocucEnergy Am. contuncnon witm the generanon e and comum in afec. fo- an Arruat===am abould be made for the dtsposal of sac byprocuc: matsnal appropnate pened of um unos- State ni ! t=aagamaa of State hamnaes c. lfin the States' u----- and law. exascas NRC heenses. -- -
ad Federal heenses g -, e regulanon d byprodue matens! e d J houses le wm= neery appucanons out.of.tne-junsdaction operations by a any acuvtry wtn=h proonces by;q fo-mnewal ben been Sled, excep- State or Federal hcnnsee. attenal the State onBects funds h= i wnm good cause warrants the earber :L NRC andDroe=neet of E.nergy the hansee or its surety for la.g, _. l non o- ter=nnanen of ee Consrocssrs. The State amould primos survesDance and maintenan-= cf su= '
, exemptons for NRC and DOE matenal the total amount of the !.nds g, y contractors whac= are sumstannaDy caDe=ted by the State shall be l Gove== ment ud Cee.-Scaes. h agavasent to the followeg exempnons: transferred te the U.S. if custocy =f de i
saamd be a maarenense d Feoeral ud State aformanon and assistance in
& Eube #8288 ton Penozzang won 9ya matenal and its W s:(
H. as transferred to the Feoeral 1
,.,,,,,,, ,,,- wid b innues d Government upon termmanon of se l
- ^8"*****"""***"'
regulances ud homem e nessem at . ses monum sne-ses med State heensa. (See it CTR * *"- If i
auto ==anona. mspecuan of heensees. ,.e mm:. = eseems a asemen tsa.r : of defsult has oc=mred ud be reporung ofin=noents and violataans. == Aasm nearer As w ammases, eher t mese e, ism semana = Ns.: en me mer seiam mamananon or o&c bonded ac:Nity -
and canung and soucanon problems.. been y.u funds !or tne pepose g, g,,,,,,, 4,,,,,,,,,, samener w onamme,se e msm inas A . An agreement providing for i
j ..
I_ ,m.___.-..,,.____-,--n.- , _ _ . _ . _ _ , ~ - _ . _ _ _ ~ _ _ . _ - _ .,_ _
~
1 U.: - '
Federal Resisar / Yn!. 4L Nc. U / Fridar, la=t:t:- 's. *.sr. ' Nen::e i are not to be transisned to the Fecra! r 12is prefershie thst: Stam sa=nes ce et ms:a am = ;=epe. g ne Ocrerminant.-'ha funcs -h-d by tne czuns= tas petresmans of Secuer6 of tse armrc:nca! assessme= anonia ,
State anall be sm8 5 ass:to ensure Mooal Ac:.Sc tne fall - omegnate a land apan.y -
forsupervisms i as.
c=--s!Mmen wtd the rwynlansas tne ----"* w by adspann of attac and cooraman=g preparano= of thas Oc-ma==a estabhsass paarsect te pressourur by segmsnan cr tacanasal a=v=-em==! ammessme=. 3rs Secnon18.X of tne AammeIns:gy A=:. citens h.any caan anCacta: ice snair ac aDy - d that tas.sadaanor.
I i h the issuances of hcauses, ac. 9-=====nour smould be asequatuiy annel agen=7 m A . = States wiH i
., n~. ' fa-writtse sammscu. -
., 4 by statuta. regnianon orcase be tne lead assacy.The assic prs =use is l ;
i punlic mesnug (witz nunscrgt) and law as setenened by the State Attorney the taa lencLagun=7 is muu=ad te
' : oss exazunanon is respured. General. prvoere tne a=etrs=mansata=====me--
l a.E the issuances of t- a h1he noensung and regalston of ores - U"hzanon of an appunant's l wr.tten esterrrnamen of se acnon terbe processed pranse0T fortaste sour:n sm z - - -
mi report = 1lan of a lead i taken based t.pon eviosace i d matana! cantant and for the dasposal cf agency aseeesmact of the proposed d::::ng tne publ comument pened and byprennet matuna . i J , shan be provec is not esequate or appreonate. l waact is sub;er.: te Judas:al revww is -al==t waca provine a wrrttan Howe *er, the lead agencymay prrpere ressared, anaryms af the ampam en the an - - ----- .-. ' assenammat based
- f. A ben oc major censansman prior te emetreamet of as hoensas acevtty. span an apphcant's envw="-a=1 can:pletion of the afor===aaaa=s Thramarrer shaE be evadabw tertne repor. Otner crea:ble afannamos may sapuaanons, pubhc before a=======a+ of . be ut!!ized bw the State as long as sac
- g. An opporme:ty shat be , . 4.4 haa-mp and saan incrnas:' t=fonnamon is ver. Sed and documented l for panhc par.t-.panon ttrough wrman a. An =c====* of he radiological by the Stata.
- -= punue n==-me and jud =al andnecracmaogicalpubhcheali c. Wnen a land agen
- y-ts designated.
review of rules. impacas: that agency smonad coorur.txt:
- 30. h the enac=nent of any suppor=ng b. An =====at of any impse on preparanon of the statamam.The othe l les:alatier. tse State should take inte any body of water or .~.--. tan apsmnas evolved should provine ,
ec= aunt the reservanons of aJ ., to c. Consamaranon of alternanvas to de asastance wtiruspec to tnsir arvas of I the U.S.in INTRCA as stated in it: C7K 5=msed a== vines: am! Junsaacnon and sxperusa. Factors i Consinaranon of lotag-tann tapa=: reievant in obta=mg assastance fror l
, uc.15a and --mm-mad by the '
! huswast of hemased acavanas (see liam 36b.(1). otne esencies inducie the applicanie
- a. The estah4.h-=M cf h 7tatuloguets sta=tary anW. the tt
- ne sognen:e in standards gove=nng ree!amanos. long- wi=h tne agenc:ss becoma involved.
3., 3, M g 3, ta:= s=rrriEance or maintenancs. and the ====""da c.f $airinvolve: nan:. and ownersas uf sne byprods= mata- at twwod fa regulatory regarumants. relanve expen:se mth respec to the and waere nemmeaa y tacorporata ,,,j,,.,_ _ m i ,g,,,,
l h. The deta manon sat pner to 6 te---manan of a haanse. the hamnsee has rugdatory winanis 6Wem h orde to br:ng an ..r = * =
i campued witz secanternanar, to me emam pmencaDe or mWe ,,,,,,,,,, gg g ggggggggg;y ,,,,',,,
enne m..inmr and r=elmana, han resmanons and stunnecs st as hagsly reea- -a=aq=d dat an Amtia!
- g stannarns. and ownersh.
- a reguraments 8C8 pag Soc:en8C: De 8evasoped wmc l Counn by h j
for sites at was= byyroon= mate-talis
,ree.m. .
g $ g casany omhanatas tae, area and scope of
- to - - ag.::y. l
- c. The regn:rement that pnar to wisin a grven t=ne ocastram:. I j ta=mnation cf any hcmass for 6 4.c Org-w-*=eWadaa*=e Within d. For taoes areas in the mate.a!, as mained m Sectan .2a.4. of t.he.Skuer enetr====mm1 assessman: wnem the i ine Atomic Energy Act or for any 31. Orgammananal relanomahtos State cannotinan:ify Stats agen.y a=n .ty tnat reatt:.: in tne producson of shamd be establasaed wman wCl havtag suf5msat expernas te asequataly su= mi m! title to succ byprocn= provme fur en afhcave .,4 avaluate the proposal or prepare an
=ntanal and the thsposal site be progrEEE f:E Runnuun adHs and mig "a=8=*"* Ins State should have transferred to tha Temeral Gow---*nt 3 gm,,, primsacas for obtataang outsias or State at the opnen of the Stata. a. Charm saouldbe developed wnm. consalung services. k those mstances )
! wuere non goverr=nematal e_ ::ahams l
providad such annos.is ausensed pnar show the management orgsamance and
- C tes=nnamon of sne homass. .
hans of e.L_.i,.Thas chart noonic are stu.anc proconures snouad be d.The antaanty to require suan oatne the speciSc hans af supervianan 88'"h3'===d to eve.id confh= of interest j me=itan=g. ===== and from: program management witnin the ma==r=at with Stata law and emergency measures after the hamnse :.s radaanen aantrol group and any other aan=taistrouve procesansa,
- te : naiad as necessary to protec tne g=_- wimm the State responsible Machsa!-h=== recogmand for pubus heals and safety for those .
foiconmosang u the r==d-a of thstr experuse in emergency mes: cal
=stanals anc proper y for wenca 2e aranum proommems and ' disposal of manars. such as the Oak hise and
- State has assumec custooy pursuant to tadags. When othe State agencias or hanford Nananal ! aboratanes. relatag
- P.i.! 8540' reponal of5 sus are utthand. se hans of to se intase er uranium and tis s.The authenty to perms
- use of the wuon and scuatniansave citagnosis taarsof assocasted wita su&ce or suoseface estata. or hos of control between tne agaunes and/ar ursarm: mining and milhas anonad be i sne land tramafarred to tne United States supons and tne Program Direciar seen.14 inantified and svadanne te tne State for
- e- State prena= under provisaan of the be cieeny crown, acesse and daroc assistana, l Ursnium Min Ramanon Taihngs Con =ol h.Those Stasas that win st! hse Dartag the buaget propersnac, the Ac. personnel freen other Stasa C.g r..s.ss .
State snounc allow for fumang osses
!.The ansonry to exempt land inm=?od by the ese of sensul. ants. In ownership transfc reginrements of .ii. e ,rvaammenseems mm. an.no senac addinoc. consultana should be 5.ecuca83folfi)[A). to ss== inns ser vembs tme=. . available for any amargencies winch
.[ yede.a} Repste- / Vei 46. N:. / -$ay. 4:::hh Ur. ' N::i=1 N I .
i =ay ; and for wme- 62: exoer=se have scenenal =v- -- = Urs=iu= MiU f:i ~ e:ien- i i would be neeoad :mmesataly. Maale P ysm and I: vee:mesta! (:; ':y: : ten a:: water qualim A m.-u (d; Metec= cD-Aasonnel iei Ea:xg :c: radiano=
- c. Personnelis avan =es etsar san the l
- K. Pwsonnel needed i= :ne prar=== t lead agen=y are in=uned in tasse tota! (f;Taih:ss retenuoc sys an=
of tne beanse appucacoc can be perso: year numees. If otne asemes (2} 1 ster = statih=anor. n= aman.or. )
- idenn5ed or groused ac=ormag to tas are coetadin tnese nu=bers tas:it an: Site Ce===s son 2ng Progrs= l
- followmg skihs: Tec=ucah anar be os=enscatec tnat tasse Ihl E22818P 1ID*** d'"* * ***
Ac=nuaranve: and Support. pesonnai wiD be available oc a rouans (:) Sourne ta=ns
- a. Acamstranve personnal an those and nn- mumt basas to a negree It Ernestre pa6way persons wac wiu provide internal clanned as necessary to suc=assfuBy (3; Dese -- --- to indmcaa:s guicas. poh=y mainoranca, revtews and es=niv wit: the requ:raments of (4) Dose a --==-t te populances ,
managenal semcas necessary to assure UM;&;A and these arttana.La (3) Evaluanon of radiciopcal =pacu l campaanan of the ihm- ac=o=- a=ampements fcr maxmg su=h resourcas to me pubh- to maiuoe a este _ -.=ane l i Suppcet personnal an tunne persons avaLanee shall be encumentad. such as of =c==hana et Stata and rM 1 i
l wne pr:mos sacntanal =iancal as misragency memoransum of regu.co=: un comparisons m2 suppo . legal and laooretory semcas. uncarstandmg and can2=ned by . ba:xgrond vaines
- Tac =mcal = -- = d are snone budgetary cost cantaa. (6) >W'
- some inommunas woo have tne manung and (7) P = Aatcalin: pact to biota etna-
. expensame in radianon protecton Isac=o=: To JrCoverec' than man ,
I seemssary to evamate the eng:nsnas 31.The States should devalop (8)ysachamp. sal momta==g programs. i i and rasioioccal safety aspects of a prosecurus for lics=sms. inspecno=. and prw==panonal and operemonal i urm== con =snuator. C.urent preparagon of ._m -mi (01=na=s to su= ace and ,
indicano=s an that:te .75 total = ====-==ats. gr=unewater. botn quality anc quantirn ;1 prar .--t person years' e5 art is a.Leansmg (IlE - = ' 'f
- 8 8f ""~~ """** l noseed to process a new convennonal (1)I.icensu:s evaluations or and '
m!H han=ss,in att licensa. or maior maa amaa should !=cluse m. plant fx)Evalaanon of tailings .anagement' renewal, to meet tan requirements of ramanop=a! safety aspects in aher=anvas i= tanns of ngmanons.
t.N""RCA. This an=ner inena== the oc=nananal or restncted areas a=1 f., The States an es=ouropec :
efer: for the s=ve .msntal assessment sovuommentalimpacu te populanons e exa=me de need to expand ::e s= ope a== tne n-paamt safety rmew.11 aise u=res..=ted arau from the plant, of the assesstment=tc othe areas su=
.m=unes tse use cf ~-"* Haap (:) Itis expected that the State win as:
, les= aphcanons may take less tuna rmew, evaluate and provide (*) E80ioEE i anc is E-- d et take t.4 to J ace =nentaban of these evainanens. (c) E=vtro=menal e5ec:s of site prciassional staf years' e5ar-. Itac:s wmch should be evaluated are preparano: and fachty =c=senemo c: l
! n - +- on the c:r=== stances (a) Proposed acevines: a=v:ro=nent ud biota:
! en=es.. tared. C==uct micanons are (b) Scope of r ,, .: senoc: (c) E=v:r==nental efects of use and t '
tnat tne pesoc years efh:rt for support (c) SpeciS: actmnes te be -d ==d: discharge cf che= :als and fuels: and i and legal servtces saamd be one (d) Admeve procecures: (d) E=enot=ic and socal effects.
j seceta y for approzunstasy 2 le} Facility orga==ation and . c.laspeccarts cacve=nonalmins and % staf years for i i ra^^1a='a=! safety responsabi3 ties. (:) As a - items wnic shou,t2
) legaj samms for eac: *=amm'==ted miU attac=nas, andF; be mspecac or tacmaed cunng the i , casa. he t=pa= a: a=v=a==at=' qual 5canona: mspecno c! a urann= min should l
ma= tor =:g lasorstory support samass (f) hicassee audits and inspecnons adhen to me itsma evainated i :ne m-l is "*'t t: est=nate inn abomd be (g) Radianon safety rammg programs plant safety review.The ynne: pal items :
accad i=to me personna! regarementa. for warmers: reco== enced for aspecnon an:
1: addnen, consameranon saould be (h) Radiation safety progran:. control ' (a) Ad==istration:
i 3rvec t= vanons me=Mma=ous post- and monitanas: (b) M1U circuit. m=luding any j licansmg ongozng acmnas h a2ad=+ the (i) Rascamac area marxings and addinoas. daienons. or c==it '=aa-- !
assannse of annor ="" accans suunroh (c) Acc:nsats/Incaments:
i=sseenons, and a:mronmental Q) At azzstag miHs. review of (d) Par:'It or egarvalant regmrements l
survenLanca.1:is estunated tast these meef tenag data. exposure reconi. of tse Stats
~l ac:mnas may regare about c.5 to : . hemasse audit and aspecnon reenms. (e) Acnos taken oc previous 4-Me, perso= 7 ears e5ce per lies:med facility and otnerreoorns appucable to enaces (f) A sait tour to deter =une per yest me latter being the case for a mms. complia=== with regulanons. and licansa maior facihty.Thsee Egurus do not (k)1 w ; 'toonitanas: condtnant manda manpower for Title I ac=vinvas U)1.-.. g prosecures. (3) Taihngs weste manageusent in
. ofIMTRCA " *s r-A :-- --w accordance wt= regulanons and hes=se h.In resinat=g hamnse apphcaticas (m) Ptocac: tranrportanon: and condinons (see NRC Reg. Guide 3.;;.:): '
the State saaD have assess ts -*7 (n) Site and paysaani amean -imatonag (h) Recores: , ,
spectahnas, a.g r=#^ ----' aafety. " ' praescares. otest taan taahngs. (O Raspratory protecnon in
- .7.
- . ;.,g genasty and inam -
(o)Immioyee exposare data and P* causenenen anc operemos. biaassey programs. ac=ordance CFR Part :t:.
with haunse con
!= additisc to tne perusett! h. Amtnrunsoan! A.ssessment U)I5uant and samran=asatal l
J. ouah5sanans Estad in the -C dde for (:)Tae samronmental evaraanon moetonas:
/
Evamsman of State Radiation C-atrol should consist of a detailed and (k) Trauung progra=s.
- 7. Revisaae 3. Fearuary . :sen. coc=mented evaluanon of the fonowag (!)Transportanon and shzpons:
. - the regnastery staf tavolved in tne 1:sms: (m) Intemai review and asct by 1 " regmatory process (Radianos) nas.414 (a)T , .,.l.,. managemen:
I i l
N546 Fedzral Re:dster Vol. 4L Nc. !! / F . day it uz e :2.19n / Notices
~
! in! Exit t=te-view: and sa=sies in a vanity of sa=:ie mad:a Sub=om=inee wC review overst=g (s) Final wr:ne: reve-t doccmat==g resu! ng frs= a maior ac=nant =an be expensaca. oegree of suonoss a de resuhs af tse := spa,an: Enings enalysad = a tune frame that wG allow sh=matag tne sure power fiu=manons.
on namn ites. umely oemasons to be maos regar-ing . core performance (fuel and sirs =turall.
(2)in additon. the inspector should pubh: health and safety, plans fo testing and opersnan at levels pcfor= tne fonowi=g: d. Arra a.;s should be made to aoove 7% of rated powe and pians for 4
(c) W-a-d=" surveys and parn=pate an the Invironmental future operanons.stodI5 canons.
san:phns. Protecnon Agency quahry assurance refuelmg. and shift msnmag (3) Aah=' gnasance is ce=tained program for laceratory paie-ema== requarments. homes of tais noennt was
= aparopnate ,NRC requisto y and -
=specnon y=ces. A comnlese Desad at wasmagier.D.C. tias 1sth day of P"My lar *.:. , ,
'Seretyhailsentry Tecn,natoryand Jaamery tem. .
mspecnon should be pe:io=ned at least y g, y,,g,,. g ,,g,,,,7 r._ . C-isanc. January 2L 1ssi. Los Angeses.
ante peryear. 3g, g % CA. The haean - +nse wG dascuss
- d. Omerchame!. lose Renew roquarements for new ('oeyond Nea'.
(1) in assman to tne repor=ng " W *l # """" " " Tc= Consuunnan Permit) reactor 3P"1"' a m e n-e w .eu e s .sg recuaramena required by tne reyusano.s piants. Nonce of this mesang was se hcense ===+= the haennee wm "'*'sessa me " pubusaed Jar.'14.
suomit in wut=g to the regulatory -
'&curasse Examenc/ Mienomenc.
agencywithin so cays afteImmary1 Aavisory Carusedtsee on Rescuer January 2s,-ac. ise: Los Angmes. CA.
and }ulyt of each yec, reports The haesemittee wG dancuss the spec!ymg the quan=y of eac: si the status of tne Seasmic Safety Marsms pr== pal >-' reiaased to h order to provide savance , Program. Nonce of this insetag was !
- m. M areas inliquid andin informacon regarmag - w
" i. w Jar.14. -
gaseous eSue=s camg the previous six meeting., of the ACRS Subcomunittees
- Sca Onofre.2 cad 3. }anuary n :ssi.
and Wariang Groups. and of the fuD mar:ths of opersnoc.Tais data snaE be Los Angsin. CA The hheammatee wG ,
l repened in a manne-that wG pe==it the Comunfttee. the followag prith== nary meet to revww the sessanoingy and '
l eguaatory are==y te comi== tne saneaule reSeca the czrem situatier- goo ogy related items for San Onofre -
3:tantial am:nal radiatica doses to the taaans into account additional meeungs Umts 2 and 3 for as Opcenng Licensa.
subhr. whice have been sanoenled and Nottee of this meetmg was pushshed I l f:) AE data from the radiciorica.3 a.nd sneetmas wnich have bes= postponed or }an.11.
] non.radioingscal m r =-m' e=aral w mace the last hst of proposed 'Assule:o.y A=:ivrdes. Feoruary 3.
onitermt progra= wiH slac be meetms: puhissaed De:.= tano (45 FR 1981. Wasamssor. DC.The subamtsed far tne same tune penods and sca:).Those mestags waace are Subcnn=rittee win d:scuss y. M fre quency. Tae da:a wG be reporte;i = deamtaly scheauled aave had. orwiD Regulatory Guadas and Regulations.
a n.anner that wiD anow the regulac y . have. an indivianal notice pithba-d at Neuze of das meet =g was punhshed agency te ennfac= the dose to receptors. the Feoeral Regneer approzi=ataly 15 jan. 23.
,'80 '""'""""
says (or more) pner to the moeung. *Mant Feen:res lmoonant 2:Seferr.
ihase Subcomuninae and Wariang February :.1sc. Washmstor. DC.Tae
! 34.The State should have available Group moeunes for wanan it as Ma~--nee wiH discuss the NRC
- arth Said a=d laboratory antu= pated that there wG be a portion dah- of the tems safety grade . L
- sstrmaantation suScient to ensure the or aD of the meetag open to the puhh: safety reisted and tmportant to desasee's concol cf matanals and to are innacated by an astansk (*). It is - safety as oeveioped for tesumany validate the boensee's measurements. --T----M that tae sessions of tne fuH related to the Three Mue Island Uniit a.The State win s_ba=t its het of Conumttee seennt assagnated by as restar:. as weH as reeww the genene instnanentauon to the NRC fc-rerww. astensk (*) wG be open m wnoie or in imphcanons of the use of these
.Lsagements saould be made for part to the pubbc. ACRS fuH Coundttee osaminans in the hcansag process.
=ahbrutms sann son:punent. meenngs beg:n et a:30 a.:r., and
- h. Laboratory. type mst :nnentation Notice of this meennt was 7 MiM knenn mmae and Worstag Group Jan.1s.
should be evanshie in a State agency or meennes usuaDy begm at a:30 a.m. The *NAC3afety Aaseerd heyram.
- . Songs a comunstmal service waach has tiene wnen itants hsted on the asemaa Febry 4. :se:. Waanaston. DC.Tae *;
- h2 capanil*.ty for quant:stive and wG be shocussed on=ng fun Cacunfttee Subcmanittee wiH disc =ss NRCs long.
- pahtative analysts of redsonacanes meetags and woen Suncementtee and rante safety researen pian and AC2S assocasted with natural urannan and its Worsung Group meetags will start wiH ser:2ments on tne OSer of Nuclear ;
de=sy enam. prunarny: U.:38. Ra.::2. be ya" prior to each seenng. Regulatory Researc= resnonse to ACES
"'a.3= Pb-22c. and Rn.::::. m a vanery !=fonneton as a weetner a meenns has r-a=tions in NUREG-case.
sf samp}e mecha ss=h as wG be been Analy seneoused, amnesDed. or Notice of taas meetag was pakhaw encountered from an envuonmental r==aa-d=W or wastne czaeses heve Jan. =
assung program. been made in the asunas for tae< ' 'SoferfMidosool;y. Tecitnology and Analysis and sata recucuan from Feoruaryiss ACRS fuE Comantsee Cntene. February 4. 2ssi. Wasa:ngton.
aeorstory analyncal fac!Eties should be meenng can be ootained by a prepaid DC.The Suncemer.ttsee wiD discuss the L '
svailable to the !-== and aspecnon temphone est to the OSce of sne % d Near. Term Consuocuan ,
autmenties m a tuneiy manner. Execunve Director of tne Committee Permat. Nonce of this moeung was ,
NormaDy. the data saould be avanable (taisphone 2 /s36-32s:. AT""N: Mary L pi"AM lan. 21.
sithm 30 days of sutummal. State Vanormalt) serween a:15 a.m. and s:oD *Aec=sorAscaalogica/Efesas.
,cceptaoillry of guah y assursace (QA) p.m Easter Tana. Feoruary 1198:. tt:oD p.m.).
- -oprsas saouisi also be estabhaned for j ggy 3,3,,,,,,j,,,, y,,,j,,, WasWar. DO baaa==ines is ze analyucallaboratones. to reyww and cotsment on the NRC
- . A. sagemems saould also be 'Fon 5:. Vist.c. January ::". sc. at Stars paper to the NRC rw-
- o:npieted so inat a large amaner of site. nearlassment. CQ.The on tne current statas of taankang and i
'9'
_=d---+W-m--vawwee,-w,eNv-e--meeg-,,s.,,to w ,-g w. p gepp, p-. y9r..%,,g,9 9w wayw- g y eg pyg- scen pw; imw e agy -q wwwwmgppy ey-g
. -5 r . et cf :he t; rat: ; r !es ec HE FE 7!M.-75*.E FR Doc.81-:4:3). the this no' ice. lf the imtial fmd:ng i
.; . : M 4:pte fo* the safe crer:.:n
- EC p.blished Criteria for Cuidance of concludes that there have not been any 7
-c! p. e pr t ams oser this d: strict IF-E)- 5:stes a .d NRC in Discontinuance of si;nificant changes. request for t% NRC Regulatory Authority cad reevaluation may be submitted for a i ncitrut:d: Reed.cn Co//isien Setween Assumption Dereof by States Arough period of 50 deys after the date of the
, S.-!!!n.cre E- Ohio Reilmed Cc.":peny A;reement. As published at 46 FR 7544. Federal Register notice.ne results of
, Tr:in K. as cnd the trunswicA Helper Col 1. Criterion 29f. which states " ban any reevaluations that are requested
, c.w. 5<5 Seer Cer:::.-fown. Maryland, on major construction prior to will also be published in the Federal
.r, pyyefy p, f,eef (A75S-RAR-eJ-6).- co=pletion of the aforementioned Register and copies sent to the Recommendations issued June 23 to- stipulations."is inaccurata.Ris Washington and local public document B:!:!more e Ohio Ac!! road Compan3 document corrects the text of Criterion rooms.
Enablish a tn.in reporting procedun at 29 by nvising paragraph L to read as - A copy of the application for Rods and s;milar locations. that will enable follow 8: operating licenses and the antitrust each train dispatcher and the tower operator. "f. A ban on major construction prior to information submitted are available for in advcace and to the rear of the train. to corripletin of the written environmental public exannnation and copying for a
- have a record of the times trains pass the analysis stapulated in Criterioo 31." fee at the Commission's Public e we ce s carried by the Old FoR F'URTHER INFORMATION CONTACT: Document Room.1717 H Street. N.W 1 i Mam Uni and the Bah.=sre Tu:. nal .
John F. Kendig. Office of State Programs. Wa shington, D.C. 20555 and in the local d:spatchers to deter =une if they are Nuclear Regulatory Commission, public Document Rooms at the Audubon manageable. !! either is not, adlust the Wa shington. D.C. 20555. (301) 492-9b91. Library. West Feciliana Branch, werkloads so that each dispat:he has a Dated at Washington. D.C. this 10 h day of Ferdinand Street. St. Francisville.
reanageable assignment.!R-81-71) }uly 1981. Louisiana and at the 14uisiana State Rronign the Bahimere train dispatchefs For the Nuclear Regulatory Com=ission. University. Government Document 4 of".ce in provide facilities based on good Department. Baton Rouge. Louisiana.
henan en;ineenng principles and to Samuel). Chilk.
Secretaryof the Commission. Any person who desires additional eh== ate the current distractions and unce: .Iort.ble a:vironmest. (R-31-::; infortnatton ngdng the matier
[rs ow. si-mmes Ps.d t-ise aos am) j Upg ade the endio system te eli=l:ste the aumes cost rssa ew covered by this notice or who wishes to mar;=al coverege area between Bamesville have his vtews considered with respect and Caithersbu 3.IK-et-r3) to significant changes related to federalRailroad Adminisr etica: Establish [ Docket Noa.50-458 aind 50-459] antitrust matters which have occurred in 4
rep;!ations that would require all trains the applicant's activities since the epe str:g on main track to be equi; ped with Gulf States Utilities Co., Cajun Doctric construction permit antitrust nviews for
!. an c;erable radro. (R-79-73) (This reiterated Power Cooperative; Receipt of the above-named plant should submit recc==endanenis sti!!in cpes staras.) Antitrust information such requests for information or views Neta.-Single copies of Board repg are Gulf States Utilities Company, on to the U.S. Nuclear Regulatory
$p e last.Co i n h5'n' behalf ofitself and Cajun Deetric Power Commission. Washington. D.C. 20555.
1xtters. responses and related correspendence Cooperative, has filed antitrust Attention Chief. Utility Finance Branch.
- cre a!se free of cheme. A!! requests =:st be information for their a) plication for Office of Nuclear Reactor Reg.:!ation, on
! in writi .g. identi5ed by recc=.mendatien or operating licenses for the River Bend or before September 14.1981.
l report r..;mber. Address request to-P:blic Station. Units 1 and 2. This infonnation Dated at Bethesda. Maryland. t!us 30th day j Inqu!nes Sector. Natenal Transpa-tanon was filed pursuant to Part 2.101 of the or g,3, gget, 4 Safety Beard. Was!.higtor D.C. 20594- Comm.iscion Rules and Regulations and '
MCupte cepies cf Board reports c:ay be Tw h Nuch Matory CoMuh
- is in cen
- :ection with the owners' plans purchased frcm the Natio:a! Technical A. 5clawencer,
{ to operate two boiling water reactors in Infonnatien Serwce U.S. Department of West Feliciana Farris. Imuisiana.The Chi'! Li ' 'l"J arencA Na 2. Division of j
Co =cret Spr=;5 eld. Va. ::M. application cock m
- s antibust II#'##I#I' (49 U.S.C.1sm[a){:).1938) information for review pursuant to NRC A D" '" *d '-25* * '8 *"I Margaret t Fisher. Regulatory Guide 9.3 to deterrnine sun.c coot tsm Tede clRegis:erLicison Oficer. whether there have been any significant Ju:y so.1sst. changes since the completion of the antitrust review at the construction [ Docket No. 5&3821 irr en e. =-t r.;-c.:s.r. e es :
c.w.s cox
. is.u permit stage.The remainder of the Loulslana Power & Light Co.:
application for operating licenses a.s Availab!!!?y of Safety Evaluation c.:rrently undergoing acceptance review. Report; Waterford Steam Electric i:UCLEAR REGULATORY Following docaeting. a nonce will be CO!.'UISSION published in the Federal Register. Sta% Unit 3 Following completion of staff antitrust Notice is hereby given that the Office
- Criteria for Guidance of States and review of the above-named application, of Nuclear Reactor Regulation haa
, 1:RCin Discontinuance of NRC the Director of Nuclear Reactor published its Safety Evaluation Report
".eguiztery Authority and Assumption
. Regulation willissue aninitial finding as relating to the proposed operation of the 7.'.arcef by States ThrouSh i to whether there have been "significant Waterford Steam Dectric Station. Unit Agresment; Statement of Po! icy changes" under section 105c(2)ef the 3. to be located in St. Charles Parish.
- Iscy Nuclear Regu*atory Atomic Ene gy Act. A copy of this 14uisiana' Notice of receipt of the Com=ission. finding will be published in the Federal application by the Louisiana Pc'wer a sci;o c Revisien of Criterica 29f. Register and will be sent to the Light Company to operate the Waterford Washingtcn and local public document Steam Dectric Station. Unit 3 was n.m. Any:In a Federal Register roorns and to those pe sons providing published in the Federal Register on 6::mcat p:,:blished on January 23.1981 ccmments or infor=ation in response to January 2.19 9 (44 FR 105). .
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con: a : cts pe e., .-. . 3 w,.,.x for M unta:n
. ne wor .=g :. .s ma Fe.at 3.,rs= w .. u er :o -
Bell must styn Eeil Syste= Praccces and u p C&n::::t Docu e:ts. which ap;iy to both IACI" ' D'.=w=a:n=er:er=:ss.
the bedy c:.tne tr ier and lowered ,e s;nc dat m suMr.tt.ity: C .:erier. 9 ;! . .e 57.C's p;pey ic; g;3 n. m ; ,..:e :f A 4 -: /'.
Meu .tatn Bel; a:n;icyees and contract speed froro reducec to restn::es. ..42 c werzers a:d wh:ca are stnetly enf:rced. ;;; Beheves re:::n=andausn that ::e a*ed Ie .es-. -'
- C .,ppu- .; i * .*4 TAs Ccs Seewee Core;say !Kcases City. masi=u= allowable speed ! a :ce=euve be yg 7 g. ,43, ,3;3 yg .vaste ::cessi .
M.'ssouri):A;n I. ?-7345. -G. cad .r : pested in a ccaspi:cous locaten asia:ent to It etates $st de s'a : deeds ::: cis;; .
Issued wntte: po':cy in A;:sj n p g." ., p". g,'...g.
tne operating posmen is r.ct w. ran:ec 3. . u n e~ "- "d :' -M.
cenza--=p :l tne need to es:ablish and
- '* ~~
s,s' a n because alllocomenves c;c:steg vn: m the sl<,o, sha.d be 3 2n:4g mm " u m::n:a:n imes c'----- :st:en w.d e:t:es Nordeast C:rn:ier have max:=== ali wale rart -" "" '*'"e '- : s s c" 5 rt ~t m-anc e: ers rei::ve : ;ubh: works projects.
(:l pannt s* ::: ane nct to re:ues:s for speecs wh:ch are governec by the:r operateg CT3 hrt C;. w h..= becc: .e ;:fu.> e configuracon and w u:h are su:!c:::s trad Cece5::Cr '7.1 d2. ?t0' .dks i:Ce".s ni
!a::ist'y locatens a:: ker;=3 orc;er accris. spee: res: .ctons.34.?-K Be': eves tr.at be (3) esis:sm=g 5 Id conta:t mth contractors precedt*es, peri:r=an: chi:=.es.
pronsions of 45 CFR :8.3 as re!!ected e tec'.nical requiremen's anc financi:!
d::rg escavates vci. a!: ; mi cont =ued rule 99 cf A=:rsk's e;erante rules an field cbserva== cf wcripre;ress so as to assurance requ:remen:s f:r de istian:e ade uate te provide prota=on a;amst
=am:ain intes .:y cf markers. etc and (4) cf bcenses bv NRC for de isnc dispes:!
requinns that en-site inspe:t:::in areas of followteg =cves in au:c= ate block terntory, Ag;.g end-W: Heids a 5. day tr: mms :! ass cf =ost wast'es 1:41 are ceu.:nen.'
exesvat:cs m,:: e be:ng sure prenously -
for transpor:ation supe-nsers and :rsin '.
instaDe. =arxe s an vis::.e a::d ac:ess.his-Introcuced a new Keques: to I.ccate Ferm- dispet:hers that focuses directly c de re'ene"". o as(M.
- " ~ , w-lev'i" S" * * 'was 1 3..
Is erovide a ree:rd elaquests for locations proper interpretaten of cperati.ew ru
'ren!cs and $!"t St='* **t*th*
"Uf" ...I~'.. *. "N^ # 8. ."C #U= =
in May 1S81.p.& C CentsuaDy stresses ms:ru: nots. and heids a 8-week Agreement States prov:de a .d a;;rc.e that preoer ree:r:is must be kept so as te program t. ansportation ar. age =ent .,o,r cenain s*sted Enanc*al ana .nn'e ns document any work eHort.F-%f2 and-rs- tram:nasters and road foremen. Wd! m:rease pt.or to issuance of a h:ense !cr !cw-A procecure was wn:teninto tae Operauon, g g,.qd h annual epe at 3 -su leve} raaoa...ve was.e c":spcs.v.. or .. .
4 Mamtenance and inspecnon Manualin May requahfication classes for train and e:3:ne the case of licenses in e!!ect. pncr to W9 nga:dmg npaes. espec: ally nga:-fa.ng personnel AW47: Beheves that the format termination ci such h:enses. ahe the neec to censider downward a revision of and structure of the Northeast Corndor financial arrangemen:s are to cover pressures andler tse shutdown of a piptng ' irs etable is not und)y ce= pies considenng syst;= so as to ace ==;11sh a repair Also tha:. although it may m total be a *fsr:nidable c:=p! econ of all requ:rernents i t tne speeded was the need to trats workmen as docume:t. its schedcies are arranged by decontam:natior deccmmissionir. ;. s::e to h w to preperiy install vanous repatr d2 vision. and although the Special c!:sure and reciamaten of sites.
ft: tings and te penodically check repair f:ttng Instru:nons a e arranged .: reat.ons::p to 3: Jctu*es and eq :;=tr.: used m stocx to be sure of c:nneued propeny sc as the operstang rules and to subject matter. a conju*ction W.th icw-level waste to be ready f:r use.F-ra ~2: A :evised code system,is used to identfy on which geg cmergency ;.a f=rmat veas issued in May c:nsion or n! visions a 31ven mstrucuan g' gC*,".ssio be!s e,s ..- . CJ 4:es 1960 wnter =eets de requin=ents Of 49 CF*t appines. A;n :F: A424:Rev. sed sws:ch
-- o- -* -
192.515. Cc=;any C:a:=s De;ar:=e::t seext"e a9*e e-t P~ sus -
- mspecten and test recor:.
Section 274b cf the A:ct:uc F :er3r A, t perscnnel pnsen: aud:ensual pt:pa=s to .\*e w Jersey Depenment of 7.=s: en:::.mt . of Ic54. as amence:. :o reyulate la":
Tee depar =en:s. aien; md d:,:essmg Apr. :f: A-42-Ict: Ele::n: !ack =e:nams=s hana:ut *ype =l: =2n:n.P f6-fc Has d:spn:I of red:ca=ve wn:t sn .h requ: rec :ne use of f.an e re:ardant cied:ng for far ne po:st switches nave been reouested establish s:andar:s f:t i::cosci .d...i m the FY H Cap:tal P :parn.
smee Dece=ber17 3 The At:32 son. Tepek: cic Sanr: Fe are :: a:::rd w:2 me n:;:::a:.e US. Rese:::.' cndSpe:::!P rg-:? s 5::lwc7 C=;cny- A;r sa- A42-4 tecnnical dehn cens. ;erf: man:e A= ::istr:r :n-M:r. 2:: P r:43:F 3-2. - e -
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Reevalusted its ;taences as: -aedures :n g;.r.-.3 Jr. ce -Ja ?-74-IJ =d-JE; F 3- . -f. : d ee : spe:::: e :d =a=:enat: :i s;e::ai e ~(g -.-.g- 3~ ,; ~J'gs.-
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- 29. -63 =:-dI:?-5::: ?40 :7 4f. 45 - Note.--Seg!e c ;ies ei thne resp. nse mam}. "st,sys:e= ;res:n:t ::., M C ,
- 51. fr. -74. -rf cad-r: ?4:4. =d-;s: ran -. rer :ne was:e =r62::ut s;.ta.:
ene ?43-1:Res;:nse :etter summar.:es the letters are avadabie on wntten re:uest :c: to fun:cen effe=ve'.y en : n::::nat acnons aken by de Oe::. cf Transpena::en Pu:he!a:::nu Se ::::.Nacen:1 basa. it is n2: essa.~/ f:t a.1 besnsess.
Trats ortauan Safe v Board.Was .=pa.
te : .;teve de pu:i:e sa.'e:v ie de p ;ei=e ~ D C. =fM. F: ease me:uce res;ct:ent s ns=e. .bcth N"4C and A: eemen: 8.: :s ::
- -mcentees e!naturai tss a:c hqcd tc3 w :ne same eyste=. Th;s. :r:
r.a:ar::1.4 =a:enais: and $e reiansnah:; date of letter, art: re::==en:st: . nu: . e 1s) A: reme*t 5:stes are ex;ec*ed :: d;' '
se your reO:est The pneto- p:ts wc be '
ta: wee . :hese actons at: de 38 bdied at a cost of 3 cents pe? pere !!2 a 3?s;t; 'c' ^ -
re : .=rt:ates .:s:::- - . ,=== eh r,,,. 4: ":';;;;*:e e '
naroad- ::=cn:: ?=:ir:ei r=,se. ;e- " A' 8*8 4, M O ' ,' .: ^' 3 MVU;'I C: : :r::::e 1.L-r-r.s1:M:r. :: R-C47 M. Ray Sante. !r.
M cmcatens nave ;:acec de eng::ai e:u::=ent s: ::e h;n:s en ::e 'es:tery side of 7,;,. jf ,y f ,f L ;,= ca;;,p p%er.:r=ma .ce c 'a=vc:. 9 to :fe:nn::2. .ca:e uftM ine pr:tecter' of all AEM r iec:= tau so N. I, ~
- recurements 7.nd in:r.::s! assuran:s ma:: e lign:s wG re=am :0 af:er a ts::e y requirements ::n:a;ned m Fan $1 an.:
protec::r : .:. A4 -M Orrnai equio=ent of :rx :=. axens rwas un sw de .vas: * : sfer sad m:n:fest syste-.
on.uwe cree me-n-m -
ce AIM r =:!uces a DC :u. est =eterin
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i:entained in Part :0.The revision also requ: e=ents and applicable supporting one res:dua! hea: re=:vai s s:em :4-saatsfi:s the provisi=s of the Nuclear seenons set ferd in to CFR Part 61 inch weld. All mi:an::s w c e ero::ed Wcste Policy Act cf 2952. Cnterion 9 Adequate f=an:ial arrangements (under to be para!!e! t: the weld in the heat-will be used in .udging i de adequacy terms e,stabhshed by reguistien) sha!! be afie:ted.z=e. The deepes: ei:an:n and ::=patihility of that aspect of a required of each waste disposal site re; :ted in de 1: =i- nser weids is State's regulatcry p cpam for regulating ITeensee to ensu e sufficient funds ic: 325 of wat disness.The deepest land disposal cf low level radioacuve decenta=ination. closure and in6:auen in Se lar:e si:e pipe welds is stabilization of a disposal site. In 125 cf the wa!; dicf..ess in a C-tn:h waste. No addino::al revisions to the criteria are considered necessa y at this adition. Agreement State financial manif:Id end cap we!d.
time to enter into an apeement with a arrangemenu foricng tenn menitorini Evaluaden by the licensee. submitted State which includes authority to and =aintenance of a specific site must by letters dated May 26 and June 8.1953 regulate low level radioactive waste be reviewed and approved by the indicates that de pr'ojected crack sizes.
c:spesal. Cc==ission prior to relieving the site ue to interranular seess corrosion FcT Agreement States cu.rently operate: of licensed responsibility cra hi::g (IGSCC) and fatigue crack regulatmg operating bu-ial sites. NRC (sectica 151(a)(2). Pub. L S7-425). pewth. = the 12 large diameter ras been an: will cont =ue te wo x with Co==tssioner Roberts. in defectve welds at the end of an to-the States to i=plement Part 61 disappreving. stated "Given the states' = cad fuel cycle wculd be withm the provisions en a case by-case basis. te and the public's mterest in an aspects of ASSE Code li=its.
the extent;;acticabie.Tne waste ou: waste disposa!:eplanens and The licensee's evaluation a!se showed transfer and manz CFR guidance. th:s revision should go out for that the 03 n.mch nser welds and the n.311 becomes ecuve en,t,est system.10 December :7 public ec=ments." four C inch mamfold end cap weids 19E3. On an inten= basis. a::angements Da:ed at Washiert:n. D.C. t!us H:h day of required re: air for cennnued se:."ce cre being made with the Agree =ent July.1963. because det: calculated p:ciected l
States regulants 6e exisunF burial sites For the .W: lear Regulatory Commission. cracks would exceed the Code limits at the end of an 18-moni fuel cyde.
to t=plement the waste classa,1 cation Samuel ). Chilk.
system and waste cansie: an manifest S,,,,,,,.y ey ;5, c,,,,,,,,,, gg; 23 og ze, g,g, system t toup the burial site bcensees. welds and t.$.ree thec., .,aut egy,12.;zey defecuve n, in c.c u-:e-u rac-uu n . ! end Cap welds were re; aired us= a Fc8 i FURTHER INFORMATICM CONTACT. Sumc cope tsmes.h Kathleen N. Schneider. Ofnce of State weld overlay process.The re= airing
- P cera=s. U.S. Nuclear Regulate y end cap was replaced.The licensee's Cem:nission. Wasningten. DC =555. fDecket Nc. 50-366] evaluation showed that each weld t !s;hene: 301-492-9a93. Geer is Power Co.et al Conh'ning overlay was des:gned such that it weld CUPPL.EMENTARY INFORMATION: CnteriCn . Licens ee Commitments on Pipe Crack icint meets the ASSE Coce Sect:n I:I nquinmets. including fati;;eae 9 is revised to read as follows: Related issues predicted ultimate failure 1:ad based en
' teanng modulus approach was
- 9. F.n6cac:ive Waste Disposal. calculated for es:h overlay des:gn. The The Georgia Power Ccmpany (GPC or
!c) Waste dis;osal by material users. the licesee) and three other co-cwners ultimate fatlure Isad was shown to be at are the holders of Facility Operat=g least three t:mes de ner=a! a;;!ied The standards fe the dispesa! of License NPF-5 which authen:es loads which provides a s:..ity =c;=
rasoa:nve ma:e-ials into the air. wate 12 ger than that inherent :n de Come.
and sewer. and b :ialin the soil shallbe operation cf the Edwm 1. Hatch Nudear Plant. Unit 2 (Hatch or the facility) at The staff has reviewed de li: ens re's in accordan:e with 10 C7R Part :0. sub=ittals indring ana:ys:s cf we.d Helders of radica=ve matenal desiring steady state reactor power levels not in to release c:is; se cf quantties or excess of 2435 megawatts thermal.The overlay design and de calculatien cf facility is a boiling water reactor located IGSCC cran g cwd. cased en c : rent concen ran=s c.~ radioactre materials crack g cwd data to s.:;;ct: tre
= oxcess cf ;;esenhed limits shall be at the'li:ensee's site = Apphng Coun y.
r: quired to cc:a= spe:ia! pernnssion Georgia. cenunu=g sernce fc: en 15.=== fuel from de appre; iate reg:iate y cycle with the 25 cre:;a; ::; aced U-D m h nser and C.m:h mani!dd end ca; authority. welds. and de u unrepeasd large-Requirements fer: ansie: f waste fe: Dunng 6e cc: rent 1983 refuel:3 de purpose of 2't= ate isposal at a cu: age at Ha::h 1;=t :. augmented diame:e: defe:tre we:6 Innd isposal f a:i'i v ; waste transfer inse.- .-i:e mspe: ten was perier=ed en The staff has perf:rmed =depende :
and manifes: system) shall be = the :::tr=danen reactor heat removal crJ=latons of crack st:wth, ais: based ac:ernante wid 20 CTR :0. and reactor water cleanu; system ;iping on current crad grewd dc:a. :n the Tne waste ispesai standards shall in ac: rdance wid Office ofInspe: ton wersf cucu=ferennal crad a=:ng de 2 dude a waste dassifi:anen scheme and Enfer:ement Bu!!enn 83-U. The C !arge iameter defe:tive we:ds. Our cnd p ev:stens f:: waste form. cr:g=al sa=;le stre was expanded te cai:viated hnal:-as de;b at de end ap;i. cab e te waste generants. that is 108 welds after ultras =ic ini:stics of an 16.=cnd period meets &e C:de aq :vaient :c that =:amed =10 C7R were re;:::ed en weids t the eng=al !!=it wid adecuate ma ;=. The ef::e.
Pa : 61, samp;ing. Welds =cs!lieiy to crad based en de siah's cal: 'anens and
[b] Land isposal ef was:e re:eived were seiec:ed f: 2e expanded review cide li:ensee's analyses us=3 fic= cder ;ersons.The 5:a:e shal! =spe=sn. Overall. out ef a total cf 103 cc ent ::ad g::ws da:a. we c=d:de
- =ulgate regulanens
- =ta
- n=3 welds inspected. a 10:s! of 05 were dat de :=nn==s servi:e of de 12
- icensing requaemen
- s f:r iand isp: sal found to show !=earinicatiens which large-iameter defe:tve waids w:i:.:
ef raica:nve was:e re:e:ved f::= other cens:st cf 23 n.in:h nser welds. f::: 0- repaa f:: ene !!.r..cne fue! eyde wedd persons wh:ch are c:=pathle wid the inch =anifeld end cap welds. nins 25- .he a::e::abie he:::se de Ccde dests ap;!! cable technical dehnit=s. inch recir::Isten we!ds. two residual marsin is rnainismed. Mcwever. e:en:
perfor=2nce chleetres. 's:hnical hea: :e=crai syste= :3. inch w e'.f s :nd field expe-ign:e has i di:::ed d:t de
. , _ , m , . _ . . , . . , _ _ . . , . , _ , , , _
l; t .
AGREEMENT BETWEEN THE UNITED STATES NUCLEAR REGULATORY COPNISSION AND THE STATE OF UTAH FOR DISCONTINUANCE OF CERTAIN C0f911SSION REGULATORY AUTHORITY AND RESPONSIBILITY WITHIN THE. STATE PURSUANT TO
, SECTION 274 0F THE ATOMIC ENERGY ACT OF 1954, AS AMENDED WHEREAS, The United States Nuclear Regulatory Comission (hereinafter referred to as the Comission) is authorized under Section 274 of the Atomic Energy Act of 1954, as amended (hereinafter referred to as the Act), to enter into agreements with the Governor of any State providing for dis-continuance of the regulatory authority of the Commission within the State under Chapters 6, 7, and 8, and Section 161 of the Act with respect to by-product materials as defined in sectTons 11e.(1) and (2) of the Act, source materials, and special nuclear materials in quantities not sufficient to fom a critical mass; and I
WHEREAS, The Governor of the State of Utah is authorized under Utah Code Annotated 26-1-29 to enter into this Agreement with the Comission; and WHEREAS, The Governor of the State of Utah certified on November 14, 1983, that the State of Utah (hereinafter referred to as the State) has a program for the control of radiation hazards adequate to. protect the public health and safety with respect to the materials within'the State covered by this Agreement, and that the State desires to assume regulatory responsibility for such materials; and t
l WHEREAS, The Commission found on March 12, 1984, that the program of I the State for the regulation of the materials covered by this Agreement is compatible with the Commission's program for the regulation of such materials and is adequate to protect the public health and safety; and WHEREAS, The State and the Commission recognize the desirability and importance of cooperation between the Commission and the State in the formulation of standards for protection against hazards of radiation and in l
assuring that State and Commission programs for protection against hazards of radiation will be coordinated and compatib'le; and WHEREAS, The Commission and the_ State recognize the desirability of reciprocal recognition of licenses and exemptions from licensing of those materials subject to this Agreement; and WHEREAS, This Agreement is entered into pursuant to the provisions of
,the Atomic Energy Act of 1954, as amended; NOW, THEREFORE, It is hereby agreed between the Commission and the Governor of the State, acting in behalf of the State, as follows:
ARTICLE I i .
Subject to the exceptions provided in Articles II, IV, and V, the Commission shall discontinue, as of the effective date of this Agreement, the regulatory authority of the Commission in the State under Chapters 6, 7, I
l and 8, and Section 161 of the Act with respect to the following materials:
l
3-A. Byproduct materials as defined in section 11e.(1) of the Act; B. Source materials; and C. Special nuclear materials in quantities not sufficient to form a critical mass.
ARTICLE II This Agreement does not provide for discontinuance of any authority and the Commission shall retain authority and responsibility with respect to regulation of:
A. The construction and operation of any production or utilization facility; B. The export from or import into the United States of byproduct, source, or special nuclear material, or of any production or utilization facility; C. The disposal into the ocean or sea of byproduct, source, or special nuclear waste materials as defined in regulations or orders of the. Commission; D. The disposal of such other byproduct, source, or special nuclear material as the Commission from time to time determines by regulation or order should, because of the hazards or potential hazards thereof, not be so disposed of without a license from the Commission;
4-E. The land disposal of source, byproduct and special nuclear material received from other persons; and F. The extraction or concentration of source material from source material ore and.the management and disposal of the resulting b'yproduct material.
ARTICLE III This Agreenent may be amended, upon application by the State and approval by the Commission, to include the additional area (s) specified in Article II, paragraph E or F, whereby the State can exert regulatory control over the materials stated therein. .
ARTICLE IV Notwithstanding this Agreement, the Commission may from time to time by rule, regulation, or order, require that the manufacturer, processor, or producer of any equipment, device, commodity, or other product containing i
source, byproduct, or special nuclear material shall not transfer possession I
or control of such product except pursuant to a license or an exemption from 1, licensing issued by the Commission. -
l i
ARTICLE V l
This Agreement shall not affect the authority of the Commission under subsection 161 b. or 1. of the Act to issue rules, regulations, or orders to
~ _ - . _ _ _ - _ . - _ - _ - _ - . - . . . . , -_
protect the common defense and security, to protect restricted data or to guard against the loss or diversion of special nuclear material.
ARTICLE VI The Comission will use its best efforts to cooperate with the State and other Agreement States in the formulation of standards and regulatory programs of the State and the Commission for protection against hazards of radiation and to assure that State and Connission programs for protection against hazards of radiation will be coordinated and compatible. The State will use its best efforts to cooperate with the Connission and other Agree-ment States in the formulation of standards and regulatory programs of the State and the Consission for protecti,on against hazards of radiation and to assure that the State's program wil1 continue to be compatible with the program of the Connission for the regulation of like materials. The State and the Connission will use their best efforts to keep each other informed of proposed changes in their respective rules and regulations and licensing, inspection and enforcement policies and criteria, and to obtain the coments and assistance of the other party thereon.
ARTICLE VII The Connission and the State agree that it is desirable to provide reciprocal recognition of licenses for the materials listed in Article I licensed by the other party or by any Agreement State. Accordingly, the' Commission and the State agree to use their best efforts to develop appro-priate rules, regulations, and procedures by which such reciprocity will be accorded.
~
. i
, ARTICLE VIII l l
The Commission, upon its own initiative after reasonable notice and opportunity for hearing to the State, or upon request of the Governor of the State, may terminate or suspend all or part of this agreement and reassert the licensing and regulatory authority vested in it under the Act if the Comission finds that (1) such temination or suspension is required to protect the public health and safety, or (2) the State has not complied with one or more of the requirements of section 274 of the Act. The Commission may also, pursuant to section 274j. of the Act, temporarily suspend all or part of this agreement if, in the judgment of the Comission, an emergency situation exists requiring imediate action to protect public health and safety and the State has failed to ta,ke necessary steps. The Comission shall periodically review this Agreement and actions taken by the State under this Agreement to ensure compliance with section 274 of the Act.
ARTICLE IX s This Agreement shall become effective on April 1,1984, and shall remain in effect unless and until such time as it is teminated pursuant to Article VIII.
l l
Done at Salt Lake City, Utah, in triplicate, this 29th day of March,1984.
FOR THE UNITED STATES NUCLEAR REGULATORY COMISSION Nunzio J. Palladino, Chairman FOR THE STATE OF UTAH Scott M. Matheson, Governor e
o e
- _ _ _ _ , - - . ,-- ,ae, . . . . . .,-- -- -4.,-v,-.-------.y2.. .-, - . - , , --
[g*. Q Faderal R:gister / Vol. 40. No. 233 / Friday. December 4.'1981/ Notices SD341
.. 'hrrby giv:n that th2 follt. wing m;eting suuua:Y:33 Nuc!c:t Regulatory of the Humanities Pcnel will be held at regul:ti:ns and th:t sth r regulati:ns Commission is ad:pting as a general must have a high degree;of uniformity 80615th Street NW., Washington. D.C. statement of policy the recendy revised y 2050s: with NRC regulations. nis is basically
. "Culdelines for NRC Review of
.'t,,
what is meant by compatibility as it is Date: December 18,1961. Agreement State Radiation Control.
. applied to regulations.
Time: 9:00 a.m. to 5 30 p.m. Programs." n!s statement of. policy is Room: 314.
With regard to the Organization being issned to inform the States and the Prograrn:Wis meeting willreview
- Public of the criteria and guidelinee . section, the only significant change was cpplications for Summer Stipends in which the Commission intends to use in the moving of the ind.icator Legal Authority, to a new action.
)
English Literature 1. submitted to the its periodic evaluations of Agreement Division of Fellowships and Seminara, State Programa. ne section on hianagement and for projects besmning afterMay 1. arrucTiva cara: Dis generalstatement Administration has been revised in a 1982. number of areas.ne guidelines under i of policy is effective on Detember 4 Budget have been avised to list the The proposed meeting is for the 1981. .
purpose of Panel aview, discussion, specific program areas we feel require con PURTwsR MFORfAATION CONTACT: , budgetary support. A specific dollar cvaluttion and recommendation on Donald A.Nussbaumer. Assistant range, however, has been deleted. With cpplications for financial assistance Dire,ctor for State Agreements Program, the growing complexity of rudiation under the NationalFoundation on the Of! ice of State Programa. U.S. Nuclear control pfograms. (e.g., the additional Arts cad the Humanities Act of1965, as Regulatory Commission. Washington, cm:nded. including discussion of requirement on States Ecensing yrardum DC 20555. Telephone: 301-492-7767 mills). Inflation, and other -
information given in confidence to the ' -
cgency by grant applicants. Because the surettuawrAnY mFORMATION: On considerations,it is becoming October 3.1900, the NRC published in increcsingly difficult to establish proposed meeting will consider
' the FederalRegister as a proposed specific funding levels which could be information that is likely to discloss:
General Statement of Policy its "Culde usefulin comparing State programs. A (1) Trade secrets and commercial or for Evaluation of Agreement State fin ncialinformation obtained from a . number of points should be stressed:(1) person and privileged or confidentish ' Radiation Control Programs."(45 FR nen have been a number of occasions -
(2)Information on a personal nature 65726-65734). Interested persons were in the past where States have not met the disclosure of which would constitute invited to submit written comments and -
the NRC's recommended guidelines and c clztly unwarranted invasion of suggestions on the proposed policy yet the overall program has functioned personal privacy;and statement during the comment period satisfactorily;(2) ne States utilize a which expired on December 22,1980 (45 variety of accounting techniques and it (3)Information the disclosun of which would significantly frustrate FR 80937. December 8.1980). Based on has been difficult to develop a guideline implementation of proposed agency the comments received.and the that would be generally applicable to all cetion. ' Commission's own eviiustion, a number States:[3] Past experience has shown Pursuant to authority granted me by the of changes have been niade to the policy thet there is not a strong correlation statement. -
between budget problems and problema Chairman's Delegation of Authority to Clos 2 Advisory Committee Meetings, nis document is or nized in much in other program areas. For. example, in dat;d J:nuary 15.1978.1 have the same manner as th former" Guide." most States, salaries constitute a major It contains six major sections, each of part of the radiation control program dit:rmined that this meeting willbe which deals with a separate program closed to the public pursuant to budget nere have been a number of element. nese sections are: Legislation cases where a State's overall budget tubsIctions (c)(4). (6) and (9)(B) of and Regulations. Organization.
s:cti:n 552b of Title 5. United States was within the recommended guideline Management and Administration, but yet the salaries were too low to Code.
Personnel. Licensing. and Compliance. recruit and retain adequate staff.
Furtherinformation about this As in the former " Guide" each program i ncting can be obtained from Mr. Conversely. States with more than St: phen J.McCleary. Advisory element contains " Indicators" which adequate salaries have had an overall address specific functions within the budget below the recommended 1
Committee Management Officer, program element. A number of N ti:n:1 Endowment for the guideline. Our conclusion is that the Hum,nities. Washington. D.C. 20506, or recommended " Guidelines" are listed diversity of State programs and the under each " Indicator." The variety of accounting techniques
. c:ll ("02) 724-9357 *
"Culdelines" replace the former " Guides
' St: phen .\tcC!cary, employed by the State makes the use of for Acceptable Practice." specific budget level guidelines of little Mnso,y Committer Mane;rment Officer. The indicator" Legal Authurity"has value. Other editorial changes have tra on. ai.mu n.a u.m a is ..I been taken out of the Organization been made to the Management and aus.a cooe tsa.es.u section and combined with Regulations Administration section.
to form a new section. Legislation and Regulations.De underlying authority The indicator " Duties" has been NUCLEAR REGULATORY changed to " Staff Supervision" which granted the radiation control program in we feel more accurately expresses the COMMISSION .
State legislation together with subjelt of the guidelines. We have implementing regulations form the Evaluation of Agreement State elimi.1sted " salaries" as a separate foundation of any regulatory program Indbator, and have placed it under a Radiation Control Programa; General Stat: ment of Policy ' and are essential to the effectiveness of that program. A new indicator" Status of ne w indica tor " Staff Continuity." Salary Regulations" has replaced levels are important only from the A7ENCY:Nuclest Regulatory standpoint of being able to recruit and Commission. Compat'.bi!ity. The guidelines under the indicator " Status of Regulations" retain staff. The indicator " Recruiting" ACTION:Finalgeneral statement of has been eliminated.De guideline l Policy. indicate that certain State regulations relating to job descriptions has been c:ust be essentially identical to NRC l moved to " Qualifications." The t
fut e b(
n
. 593c Fad:r:1 Register / Vol. 46. Ns. 233 / Triday D:ccmber 4,1981 / Notic:s guideline regarding vacancy notification A determination is also made that the inadequate and incompatible with the procedures has been eliminated since, programis either: . -
NRC prograin.
as pointed out by one commente . State (1) Compatible with the NRC Guidelines for NRC Review of recruitment practices vary accoasting to Regulatory program in areas related to State personnel office procedures. Based the public health and safety; oe A8"' ment State Radiation Control Programe on our experience. there does not (2) Incompatible with the NRC .
appear to be any reason for Regulatory program:or isst. .
recomunending one recruitment practice (3) NRCis unable to make a finding at Prepared by Office of State Programs. U.S..
over another. the time of the review because of . Nuclear Regulatory Commission.
- Only minor changes have been made unruolved itema orinadequate Washington, D.C. 20555. .
to the Licensing section. Und*t information. Introducdos
" Licensing Procedures" the guideline A dispositive finding of adequacy and pertaining to the preliminary review of com'patibility is made at the time the Section v4 of the Atomic Energy Act applications v ithin 30 days of receipt staff submits a consolidated assessment was enacted by the Congress in 1959 to has been elininated.ne time needed,to to the Commission in an annualreport recognize the interests of the States la review an initial license application is a on all Agreement States. atomic energy to clarify the respective purely administrative matter. An In making a finding of adequay, the responsibilities of State and Federal artificial time limit serves no useful
- NRC considers areas of the State Governments, and to provide a purpose. it is the quality of the licensing program which are critical to its primary mechanism for States to entarinto action that has a beanns on public function.i.e protection of the publl; formal agreements with the Atomic health and safety. The timely re <iew of health and safety. For example, a State Energy Commission (AEC) and later the licensee renewal applications may, that does not have qualified personnel. Nuclear Regulatory Commission (NRC).
however, be important.no falls to take adequate licensing actions under which the States assume recommended guideline pertaining to or has no inspection program, would not regulatory authority over byproduct.
the issuance of license expiration- be considered to have a program . source, and small quantities of special notices to licensees 30 60 days prior to adequate to protect the public health nuclear materials, collectively referred expiration has also been eliminated. and safety. Basic radiation protection to as agreement materials.no License renewalis the responsibility of standards. such as exposure limits also mechanism by which the NRC the licensee.ne issuance of expiration directly affect lbe States' ability to discontinues and the States assume
- notices by the State is a purely protect public health and safety. no regulatory authority over agreement NRC feels theyWs important to strive materials is an agreement between the si $n arkes have been for a high degree of uniformity in . Covernor of a State and the i made to the Compliance section. Commission. Before entering into an
. A number of changes have been made technical delinkions and terminology /
particularly a elated to units of Agreement. the Covernor is required to to the Categories nssigned to various measurement d radiation <iose. certify that the State has a regulatory indicators. Category III has been program that is adequate to protect the l climinated. Allguidelines previously Maximum pc saible doses and lovels of radialion and concentrations of public health and safety. In addition, the included in Category Ill indicators were considered to be more appropriately radioactivity in unrestricted areas as Commission must perform an identified as Category 11. A separate specified in 10 CFR Part 20 are independent evaluation and make a ,
considered to be important enough to finding that the State's program is Category 111is no longer needed.
require States to be essentially adequate from the health and safety ne " Guidelines for NRC Review of I Agrcement State Radiation Control equivalent in this area in order to standpoint and compatible with the i Programs" will be used by the NRC staff protect public health and safety. Certain Commission's regulator program.
dunng its onsite reviews of Agreement administrative procedures. such as those Current Guidelines State programs. Such reviews are involving the licensing of products conducted at approximately 18 month containing radioactive material intended in 1980, the NRC staff initiated a intervals or less if deemed necessary, for interstate commerce. also require a major revision of the guide for review of As a result of the review of a State high degree of uniformity. lf no serious Agreement State programs (two earlier program. the NRC determines that the performance problems are found in an revisions reflected pnmarily minor and Agreement State's program is eithen Agreement State program and ifits editorial changes). Dis was .
(1) Adequate to protect the public standards and program procedures are necessitated by changes in NRC health and safety: or compatible with the NRC program, a licensing and compliance pohey, the
! (2) Inadequate to protect the public finding of adequacy and compatibilityis Uranium Mill Tailings Radiation Control health and safety. made. In a case where a State has not Act of 19*8 and inflationary impacts on A program may be adequate to protect formally updated radiation standards in budgeting. In view of increased public 7
the pubhc health and safety although in important areas, but other areas of the interest in radiation control matters and need ofimprovement in specified areas. proaram are not deficient, a State could the Agreement State program the I
in some cases. the NRC may be unable be Iound to be adequate but not Commission has pubbshed these to rnake a finding at the time of the compatible with the NRC program. It is Guidelines. which constitute review because of unresolved items or also possible that a State program could Commission policy in the form of a inadequate information necessitating a have up to.date regulations, all proper document entitled "Cuidelines for NRC follow up review. !n such cases. NRC procedures. and adequate staff. but still Review of Agreement State Radiation follows up on these matters by fail to perform the necessary work. In Control Programs." nis document correspondence. fo!!ow.up onsite this case, a program could be found to provides guidance for evaluation of reviews or at the time of the next regular be inadequate to protect the public operating Agreement State programs scheduled review. No significant items health and safety yet compatible with based on 20 years of combined AEC-will be left unresolved over a prolonged the Commission's program. In the worst NRC experience in administering the period. case, a program can be found to be both Agreement State program, ne
.o .
J. -
Fed:ral Register / Vol. 46. No. 233 / Friday. Dic:mber 4.1931/ _ Notices 5
. _ 'J313 m
.o I document will be used by the NRCin its the commitments made in their more than one significant Category I I continuing program of evaluating -
applications and that they observe the comment is provided. the State will be I reement State programs. - require sents set forth in the regulations notified that the need ofimprovement in i Ag%e " Guidelines" contain six secti.ong is the objes.*iva of the compliance the particular program areas is critical
! each dealing with one of the essential program.De essentialelements of aa De NRC would request an immediate j elements of a rsdiation control program adequate compliance program are (1) ,
- response. and perform a fo!!aw up (RCP) which are: Legislation and -
the conduct of onsite inspections of , review of the program within six l Regulations. Organlaation, blanagement licensee activities. (2) the performance months.!f the State program has not l
sad Administration. Personnel, of these inspections by competent staN. Improved orif additional deficiencies Licensing, and Comp!!ance. Each section and (3) the taking of appropriate have developed the NRC may institute contains (a) a sununary of the general enforcement actions. Anothervery --' proceedings to suspend or revoke all or significance of the program elements. (b) imp'ortant factor is the ability to plan - part of the Agreement. Category !!
g indicators which address specific for. respond effectively to. and functions within the program element, comments would concern functions and investigate radiation incidents. activities which support the State (c) categories which denote the relative categoryll-Essentic/ Technicoland program and therefore would not be importance of eachindicator and (d) Administrative Support. Category II guide!Ines which delineste specific critical to the State's abi!!ty to protect Indicators ar# the public.no State will be asked to ebjectives or operational goals.
- Updating of R ations. respond to these comments and the I
categories opadicolore p,,,,,, hgy ,,,$,,, ,,, State's actions will be evaluated during ne indicators li^d in this document
- Internal Organlaation of Radiation the next regular program review.
esver a wide range of program Control Program. It should be recognized that the functions, both technical and ,
- Legal Assistance. categorization pertains to the cdministrative. It should be recognized
- Technical Advisory Committees. significance of the overallindicator and that the indicators, and the guidelines
- Budget. not to each of the guidelines within that under each indicator, are not of equal
- Laboratory Support, indicator. For example. " Technical importance in terms of the fundamental
- Administrative Procedures. Quality of Licensing Actions"is a .
goal of a radiation control program. Le.
- hianagement. Category Iindicator.The review of protecting the public health and safety.
- Office Equipment and Support license applications for the purpose of Th:refore. the indicators are categorized Services. evaluating the applicant's qualifications.
In t:rms of theirimportance to the
- PublicInformation. facilities, equipment, and procedures is fundamental goal of protecting the
- Qualifications of Technical Sta5. essential to assuring that the public public health and safety. Two categories
- Staffing Levele health and safety is being protected.
cre used.
- Staff Supervision. . One of the guidelines under this Cole;oryI-DirectBearing on Health
- Training. t.
Indicater concerns prelicensing visits.
cadSofety. Category IIndicators are:
- Staff Continui
- Licensing Pro , The need for such visits depends on the
- Legal Authority. utes.
nature of the specific case and is a e Stat'.s of Regulations.
- Inspection Proctdures. .
- Inspection Reports. matter of judgment on the part of the
- Quailty of Emergency Planning.
licensing staff.ne success of a State Actio s di a a s gram Nam in mW 6e mM @ch
- Adequacy of Product Evaluations. functions which provide essential of the indicator does not depend on
- Status ofInspection Program. technical and administrative support for literal adherence to each recommended
- Inspection Frequency. the primary program functions. Good guideline.
- Inspectors
- performance and performance in meeting the guidelines As a matter of poh,ey, the Commission Cap:bility, for these indicators is essentialin order supports the development of more
- Response to Actual and A!!eged to avoid the development of problems in specific objective measures of Incidents. one or more of the principal program Agreement State regulatory
- Enforcement Procedures. areas. l.a. those that fall under Category Performance.The difficulties of These indicators address program I indica tors. Ca tegory !! indica tors implementing this policy are also functions which directly relate to the frequently can be used to identify recognized (e g lack of ader}unte data.
State's ability to protect the public underlying problems that are causing. or lack of cause and effect relationships health and safety.lf sigmficant contnbuting to. difficulties in Category I between State radiation control pr:blems exist in several Category I indicators. programs and radiation exposure data, indicator areas. then the need for !!is the NRC's intention to use these cost of collecting data). Nonetheless, the improvements may be critical categories in the fo!!owing manner. In Commission believes there is potential Legislation and regulations together reporting findings to State management, merit in using objective rather than f rm the foundation for the entire the NRC willindicate the category of subjective measures where appropriate.
program. establishing the framework for each comment made. lf no sigmficant NRC wi!! work toward establishing l the licensing and compliance programs. Category I comments are provided, this more quantitative measures on a State.
The technicalreview oflicense willindicate that the program is by. State basis to improve the quality applications is the initial step in the adequate to protect the pub!!c health and consistency of NRC reviews.
r:gulatory process.The evaluation of and safety. lf at least one significant Recognition will be given to State applicant qualifications, facilities. Category I comment is provided. the unique factors. the difficulty in equipment, and procedures by the State will be notified that the program c:mparing one State to another, and the regulatory agency is essential to assure deficiency may seriously affect the availability and cost of data co!!ection.
protection of the pubtle from radiation State's ability to prote'et the public NRC solicits State assistance and h:::rds associated with the proposed health and safety and should be suggestions in identifying objective cctivities. Assuring thatlicensees fulfill addressed on a priority basis. When performance indicators.
_ _ _ . _ _m- ,. _,...,_.--__._-.m_.__ --
, 59344 Fsderal R: sister / Vel. 46. No. 233 / Friday, December 4.1981/ Notices -
GenetulNRChlicy protect public health and safety. Certain me-
, cm.o. , em
'!%e "Culde!!aes for NRC Review of administrative procedams, such as those j Agreement State Radiation Control involving the licensing of products u sw=,,,,,
Progranna" will be used by the NRC staff containing redloactive materialintended during its osalle reviews of Agreement for laterstate commerce, also regula a N J e==,i m
. Statv programs. Such reviewe are high degree of uniformity. If no serious i, = e. u.
j conducted at approximatelyis month performance problems are found in as t
! intervale, or less if deemed necessary. Agreernent State program andifits "
' $7%
am a me i
As a result of the review of a State standards and program procedures are '
program, the NRC determines that the
,8,$",,C/A """
compatible with the NRC program, a '
mm e Agreement State's program is either: Anding of adequacy and compatibi!!ty is' made.In protectaupdated case where a.State has not
. k(alth and safety;se1) Adequate toforma!!y '
the publis radiation standards la
. s . , .s i "=
b(alth and safety.2) Inadequate to protect the public, important areas, but other areas of the program are not daBelect. a State could A program may be adequale to protect be found to be adequate but not '
wJN-the public health and safety although in compatible with the NRC program. It is Nam.
ar=== ==
need of improvement in specified areas. '
also possible that a State program could In some case, the NRC may be unable to make a findingat the time of the review have up.to-date regu!ations, all proper 2.
procedures, and adequate staff, but still 7 a$eg'uate follow.up redew. in such cases, NRC t a neces$ltating a fan to perform the necessary woCa this case, a program could be found to
,,,,, , g, follows up on these matters by be inadequate to protect the public -
.= ar correspondence, followwp onsite .
health and safety, yet compatible with Q",w, reviews or at the time of the next ! the Commission's program. In the worst to e eam e==
regu!srly scheduled review. No case, a program can be found to be both """**
significant ite=s wi!! be IcA unresolved inadequate and incompatible with the .4
== e cv:r a prolossed perioi NRC program.
A determination is also made that the Q*',
program is either:
(1) Compatible wf4h the NRC Guldelineo-tagislation and Regulations S~*
3,, ,i,=.
The effectiveness.of any State Regulatory program in areas related to radiation control program (RCP)is th public health and safety: or .
(21Incompstible with the NRC dependent upon the derlying authority ."*."."",*
granted the RCpin te legislation, and "**"r"*
Regulatory prograrru or NRC is un4ble to implemented in the te regu!stions. ue==,s d ENcp* e".'.'
m:ke a finding at the time of the review e Regulations provide the foundation upon %===* a'a**=w because of unresolveditems or which licensing, inspection, and
- In:dequate information. A dispositive l,".*,,,'"*
finding is made at the tirne the staff enforcement decisions are made. . =====
Regulations also li rovide the standards submits a consolidated assessment to and rules within which the regulated L"""*"
the Commissionin an annual report on * * *=r a!! Agreement States. must operate. Periodic revisions are '*"**
in making a finding of adequacy, the necessary to reflect changing technology, improved knowledge O
=w M'
ram te caltoi primary current recommendations by technical a-
! function i.e protection of the pub!!c advisory groups, and consistency with ,,.
health and safety. For example, a State NRC regulations. procedures for - ,,'c",7g'.
== w'.' *e ihnt does not have qualified personnel, providing input to the NRC on proposed ** * * * " "
fails to tske li:ensing act!cns or hs: no changes to NRC regulations are FWhee knA Inspection program, would not be sary to assure consideration of the considered to hase a program adequate neces,s interests and requirements.The State Cu (.8g 7 ts p'rotect the public health and safety, pub!!c and in particular, affected B: sic radiation protection standards, classes oflicensees should be granted Z,=,
such as exposare limits, also directly the opportunity and time to comment oc ** "
offect the States' ability to protect pub!!c rule changes.
health and safety. ne NRC feels that it C=
Wow i is important to strive for a high degree of . e.,,,,,,
unif rmityin technical definitions and c,,,,,,., ",',*f,",,"*
! terminology, particularly as related to ev = e.
tavs *=**=r e o.. meb., '*"***
units of rnessurement and todiatloa d:se. Ataximura permissible dosee and
,gg e sw Ne "8'****
j levels of radiation and concentrations of 0,,7. ".,, ,a l
~
radi: activity in unrestricted areas as
. ' * ,g,,*y,,,
,, . ==,* a s==
specified in to CFR part 20 are ava==
- 8 *
- considered in be important encush to M ,,,,
require States to be essentia!!y 4
-==
equivalent in this area la order to -
3 ,.
Fedtral Register / Vd. 46. N:. 233 / Friday. December 1,1931 / Notices 503'5 heelandes -
me=== ca=v= v si.=*ia Laboratory support servic:s should be ne effectiveness of any State RCP administered by the RCP or be readily
- g ==* **a=r a T=a== available through established may be dependent upon its location ce=== m' within the overall State organlaational " administrauve procedures.
structro.He RCP should be in a t==== In order to meet program goals, a position to compete effectively with *
- 5 ' " h other health and safety programs for ,
+.
.Cw me.=m ie b dg #7 u
. be tot RCP budget -
budget and stafL Program management "" e= must provide adequate funds for must have eccess toindividuals or ".'.*.*.*e,-
i .
salaries, travel costs associated with the groups which estabhah health and .
compliance program laboratory and safety program priorities.The RCP -
a7 survey instrumentation and other .
should be organised to achieve a high **'= e9ulpment, and other administrative degree of eSciency in supervision, work costs. The program budget must teflect functions, and communications, O' s'oe8 p es.,, annual changes in the number and c,
oa.i e = n. complexity of applications and licenses, me e eso E.a aa, ,, and the increase in costa due to normal m = inflatiori.
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.7,,.,.O
- . av='s ** to meet program goals through strong. .e=.s m.a.
p",,,",,,o'",,,",,, direct leadership at all14vels of
- =*===.'r supervisien. Administrative procedures Z**,, ,
anne Z7 are necessary to assure uniform and
======v. appropriate treatment of all segulated .
_ ,, e
"" .===
te,m 4..w .e - e O""
in. ..a a==
parties. Procedures for receiving **""*'*
information on radiological incidents, e -=
- ,,"'%"J ,, emer.;ency response, and providing **"'******
eme.ee i.we %
information to the public are necessary, n. a wwe n.
- 0,",Z Proceilures to provide feedback to y,,7,,
- m.4w=, supervision on status and activities of = c, l , 7,, "*",,",,*,,d ,, the RCP are neceasary. Adequate *
- "'"a',",,*
ao.we . , , , ,
facilities. equipment and support e ..e l "Cif,"'.*f services are needed for optirnum ",,";',**, , , , ,
, ,. utilization of personnel resources.
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I' 59346 ~ ' heders! Register / Vd. 46. No. 233 / Friday. December 4,1981/ Notices enemmens Cunes, Omesmes Demene Cmagny thamma m Wesesos caespwy Gia'embue susya a op-same tense amen anyme er ens meines eseum se is*==se me sw=mmyomme esamme as . eseessy n . se emeamman is
- assetpayne sepammy , tues b see-des emmen amma em ,
pusesse. These annumme sail teme poemasse estads . payens Smeur sessumsy se se cepene tussed eenname esewet seudum af as possamme af to euutmade a Samunne Games seyenne esamsg e
- . emmeemano ,
appeessem senset payang euhussg ,
tuossame esteme Ptets beansnamn_ s baseremi anal summe ese pommewes. eswerie ese tuomsema, W esuuss he
, tusesse s med eeur ommamato es One amasse ,
hsemese senses . pasas sesumapt guessene of See perust ese aisee pesyge
- ee=uessee tsunsesg pu. __ s aumenesuas senasmuse pommenue, aw so-amuse to , esews sessme opposener sur i
temaeus mis pensee resete punas hemosse i amar tent one enan en shmAs to ammsymises Die esans of prowesse as s * - _ _ _ sayusenery esernes ' asmarsmise een
.= es=e sm n=es uurnca.w e -me = y==== enese, spea -m= m =
o.i s. noP. == _a-
__ r- s ease pe.a.,ein.s emmeaesmeeg seemerub me==ye= acPmeine -==
e n. mas e we p =e, Parsonnel
==o=s p =is a==e ====ee e==. wa===r wenan. ==an=e . The RCP must be staffed with a O ,,,,,; **",,,o"
,,,, sufficient number of trained personnel,
==* pe====g asia ==r "Be evaluation oflicense app!! cations E ., 7,,,e, ",, and the conduct ofinspections require a=- -- -
e'-es=e u.a. staff with in-depth training and
- ?,, T o.
,.e Oe,. experienes in radiation protection and
- es essae=ss ne*iss related subjects.The staff must be D,*,,*,"e'" ,., ** 4' adequate in number to assure licensing.
- == emesse enmas pene== inspection, and enforcement actions of
",",",",,,',,",,",,' ' '"*'"""* appropriate quality to a:sure proteetlon
=*see'v. ta. e eense of the pub!!c health and safety. Periodic CO, Z W,,,*"*
- training of existing staffis necessary to s ce==== e e.m,== en maintain espabilitles in a rapidly
,*',,,",,*O'
,e ,
e==ema, som
",,",,"* j
, ,, changing tachnological environment.
m.wan,.g Program management personnel must be
%,,,,,,,_ , ,,,","e,"'
g ,""*- %,
quell!1ed to exercise adequate no.e e. pm m supervision in all aspects of a State
,,,,',',",',',,,,,, W
,,,,,,,,,, tadiation control program, e ==== ee ign ==.e'=ie estsenense sneed ressee Gu'ee as peumees sww pesy gg ,,,, % "'ce**'* recta heeressy assest #eome e enneme hommeneg
-e O.adceeene as e Piesessenes seen emespus *
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- ~ - - - ta8***ery er son.e are sensees eneves so===e8 l verwie m me l
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'88'48 W east me Spee si prearme as Aweeswee hang edes es somePag
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e-8 9
1 Faderal Register / Vcl. 46. No. 233 / Friday, December 4,1981/ Notic2s 50347
+! .
! o, a.sm en
- sppropriate f t det:rmining th:t ths
- """ * ""'es* *"""
, , , , , % * " * " " " " " ' "- applicant can operate safely and in ,
compliance with the regulations and , *i t g,,,,,,,
pe=es== license conditions. An acceptsble me e .
licensing program includes: preparetion
- g, ,,, .
and use of laternal licensing guides and a .
maneuse 28',', policy memorenda to assure technical se es. es sus-e ==ss quality la the licensing program (when
- . =es, na - == = matassa appropriata, such as in small programs.
TM**
~
- S. E am NRC Guides may be used); prelicensing inspection of comSl ex facilities: and the 5-es s===*== . . *'a=="""s een emues implementationof administrative y, em teamme mesma ase unemuse esu ,
sem se nse procedarse to assure documentation and [
i
. s"===
'.""."s" 5" maintenance of adequate files and
'O'" amen '"m .
=====se a
=a= = enwww records.
,em. ==s==
sus ts e.,'
.e en esame acP = a sus o===e a . ,, ,,,,, % %
.e,unen ==es me j
peuMW I'eW=Es W I' - -- et Temsumas Osman, of I 7tio AcP ofianaf emesses . espatrians sur ' Lammsus Assam emesse oss
- eessage seg gespost I g geseg 1
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- toen enessmand D
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assesses suc i
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to sweessesse to De==essene of peeses e new prees use ed sud Isomes muser l enouspume as amo asesensL t grebshrq sees eenmese are se eamympaan
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ese seweesig assauBMne opus esseptus 540 seeseemsey - erectee gner es senser esonese reaeeef to eteure
- e ner'ee,eir i amenon ,.s is, o. remese,s.g
,, w. n,.a wee e suies e ies ==c. we.es. o,. con. re =e c,,8 4i,ac ae,.s. . c.e, seen , ce ter? Ansowe, 8te Aeew8'eha* The.ees av Samoe Threisgn Le eetierte vie ens seMoese e e, eni esen , ,
! ce sensav= *eaa** ce areaew !
e see, pe e,=
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I. ass ==sy a i - acP r e l srase w anser **aema* * = i tauss
- Uconsing 'e'.sarS eisses,= ee e '
i ewee ****
L ""****'**'"
ses= = g emas itis necessary inlicensin b product. "n"i one se i
! source, and special nuclear materials mu.e esec, i were-. ,
s=m .
I 8'"****** that the State regulatory agency obtain .
mye e asse i e,, , s Information about the proposed use of o st v.e. =
i s-i-e, er.e. =
- ""*'*""C nuclear materials, facilities and een.,e c. eye, ese enas . e,. es,es, .e, equtpment. training and experience of nos,seg
==*
- ='"as* personnel, and operating procedures l .
.5934E' ,
Fed;ral Register / Vcl. 48. N . ::33 / Friday, D:cember 4.1981 / Notices ___
heren=[ Compliance n.ses.e careen, ouesse e
- mese cement '
. m Ac , ,,me, Periodicinspections oflicensed %
s==== operations are essential to assure that .
e,s no, - seemeen en e"e'e'***'* activities are being conductedla aascan P=*r
-' . U" ' compliance with regulatory requirements and consistent with good OM of pace-o 8'ase"en "a"s*e*9 -
wwe w me.se
=,e e
.s.eeaa
.,. essey, safety practices.The frequency of . ,,,,,o,,,,,,,
- "***ea inspections depends on the amount and he==
- E '" the kind of material, the type of . . .,,,. e g,
- d****- -
- operation licensed, and the results of . mes= Peeone=s
- wes,.
""e*e5 previous inspections. De capability of ,
7,,,",,,, ,
I 8 *e * *- maintaining and retrieving statistical meevesa-o '
C."". data on the status of the compliance '. y e"e"'
=es=e* *"'*
- myseasier program is necessary. %e regulatory l
."e.n, "" agency must have the necessary legal -
M,,,,,,^,,, l es.sene n , i authority for prompt enforcement of its g,,*, "
- e 1""" regulations.This may include as e-'se== appropriate, adnunistrative remedies. u.we
"",,*'#"*,,',' orders requiring corrective action.
,,ess.,e,, ,
,e se mergewe== suspension or revocation oflicenses, the - to e e.e e.
7 "* Impounding of materials. and the ,,,,,,,,, ,
a====== imposing of civil or criminal penalties. e.ie,me,.o Le e'.'*C ees,e i. er*e
~'ea c commeer e s. neem paesem -
are ever W essames Peteene and e
. e, ' buteense Cenegory . bemerue
- ~ . . -.
De havtomas secess of rusacesa 1 '- snese ACP esindd musectare snus esses of p,eyess saecum en semannesee as ,
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- .I saaes pagemeene to yglesenterer
.Rh88 8 . erufscenes . sortescarg sweared se : emeessa
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Agency a less
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er'esecterb l O
1 1
1 F:diral R: sister / Vol. 46. No. 233 / Friday, December 4.1981/ Nctices 59340
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59350 Fed:ral Register / Vel 48. No. 233 / Fridsy. D;cember 4.1981/ Notices
~ For the Nuclear Regulatory Commission.
6' c ,.r7 am Commission's Office of Nuclear Reactor
- 31.hagblood.
i Regulation related to the proposed
- "*"* * ***"*"* operation of the. Byron Station. Units 1 Cai,f. ucensing smach m. t civision of
_, uceneing.
and 2.by the Commonwealth Edison .
w Company.%e site for this station is - trasmemru.sts us : '.
O.
a."*** a**
. h locatedin Rockvale Township. Ogle '
County Illinois, approximatety saues coor two.es.=
f, O *.* seventeen miles southwest of Rockford.
! Docket No.50-3691
=-=== _ niinola.
I ner De Draft EnvironmentalStatement Duke Power Co.;lasuance of
- * * * (DES) addresses the aquatic, terrestria!. Amendment. Facility Operating
""*""" radiological. social and economic costs
,. Ucense No.NPF-t as-saans ae station s and operation.
benefits associated with normal %e Nuclear Regulatory Commission Z'7 station accidents,Also their considered are likelihood of (the Commission) has issued
====9 occurance or their consequences. Amendment No. 9 to Facility Operating 7**
sw =sama ef Finally, the 1.tatement presents an Ucense No. NPF-9. Issued to Duke
' update discussion of a need for the Power Coropany(!!censee) for the a@ '.',,,,, McGuire Nuclear Station. Unit 1 (the
. o.ao onei facility since the construction permit facility} located in Mecklenburg County, QM i wa= s.aer app!! cation.
This DESis available forinspection North Carolina.This amendment tevises the minimum reactor coolant system "J*,,,j'",*,,
by the pub!!c in the Commission's Public Dow rate to permit an option for
.s. = ,uc r s. . Document Room at 1717 H Street. N.W.,
operation at a reduced flow rate (954) in
- "*' ' Washington. D.C.20535 and in the .
conjunction with a reduced power level Rockford Public Ubrary. 215 N. Wyrcsa u'7.J",."u"*
cm oe [90%).ne amendment is effective as of Street. Rockford. Elinois 61103. ne DES its date ofissuance.
U.@*
se$a is also being made available at the State Clearinghouse.Dureau of the Budget, %e application for the amendment complies with the standards ~and M
- ='==
Uncoln Tower Plaza,524 S. Second Street. Room 315. Springfield. Illinois requirements of the AtomicEnergy Act of1954, as amended (the Act), and the
"*'0",,
,, 62706. Request for copies'of the DES Commission's regulations.The ,
- = mas (NUREG-0848) should be addressed to Commission has made appropriate
- ,.* ' " " , , ' , . the U.S. Nuclear Regul ry findings as required by the Act and the arwo m w Commission. Washingt . D.C. 20553,- Commission's regulations in 10 CFR
"- Attention: Director.Te ical Chapter L which are set forth in the NO Information and Document Control.
Interested persons may submit licem amendment. Prior public notica W,,'.,",="a*
===. comments on this DES for the 8.f &is amendment was not mquimd smee the amendment does notinvolve a
~ Commission's considera tion. Federal. signiGeant hazards considerstion.
ws7 State, and specified local agencies are being provided with copies of the DES
%e Commission has determined that the issuance of this amendment will not
. *"wY'
- ",""S***
- n. (local agencies may obtain these
- "=v *=a=* documents upon request).
result in any signi!! cant environmental impact and dat pursuant to to CFR coa. ". a
- Comments by FederalState andlocal 51.5(d)[4] an environmentalimpact
""'**"" officials. or other members of the public statement. or negative declaration and, C'L'."
- a p 's
"' received by the Commissioti will be made avallable for public inspection at environmental impact appraisal need ,
n t be prepared in connection with
- ""' the Commission's Public Document issuance of this amendment.
Room in Washington. D.C. and in the For further details with respect to this -
D:ted at %shington. DC this 30th day of Rockford Public Ubrary. 215 N. V'yman acticn. see (1) Duke Power Company N:vember 19st. Street.Rockford filinois 61103. letter dated November 11.1981. (2)
For the Nuclear Regulatory Commission. After consideration of comments- Ame nt h 9 to Fachy Operaung Samuel J. Chilk, submitted with respect to the DES, the Ucense No. NPF-9 with Appendix A SecretoryoflAs Commission- Commission's staff wi!! prepare a Final Technical Specification page changes, frn o ca-me ru d t2.ae us *=1 Environmental Statement. the and (3) the Commission,s related Safety aname cooe reco es.es availability of which wi!! be published * * ' u "'
in the Federal Register. Comments are All of these items are available for due by January 18.1962. "* "#"
- U"
- E *E
(Dochet Non.STN 50-454 and STN 50-455) Comments on this report from e Decument Room.1717 H Stmt Interested members of the public should . a .ing n. .and es Awns Avellib!!!ty of Draft Environmental be addressed to the U.S. Nuclear
- Statement for Byron Station. Uaits 1 Regulatory Commission. Washington. ,'*1 t ( tati n) rt and 2 D.C. 20555. Attention: Director. Division Carolina 28223. A copy of items 2 and 3 "I UC'"81"8- may be obtained upon request
&tice is hereby given that a Draft Dated at Bethesda. Maryland, this 25th day addressed to the U. S. Nuclear Env.ronmental Statement (NUREG- Regulatory Commission. Washington.
l OH8) has been prepared by the of November 19st.
-- - - - - - - - ~
Federal R: gist:r / Vcl.'46. No. 233 / Friday. December 4.1981 / Notices 2351 i _ _ _ _ _ _ _ . -_ --
.ery ~
For the Nuclear Replatory Commi:sion. D.C and at the Rochester Public
' @C.20555. Attenti:n: Director. Division
- Ipoing. Eliner G. Adens.wn. Library.115 South Avenue. Rochester.
Bohda,mryland, eis 23rd day CNefucensing Amach No. 4 Division of New York 14627. A copy af items (1) and Da Licensing (2) may be obtained upon request "I* .
af W_ Pa==d=='a= ya amm.awarew u.a.n ae =l addressed to the U.S. Nuc! car For the Nesiser 7 .- -4
' 'some cose reswi.e Regulatory Commission. Washington, gisse G. Adammen. D.C. 20555. Attention: Director. Division gi,f. Lissasing Ausse No. 4 Division af I MGM 'f Li"*l"I' 1.8888'88 #
Dated at BethesJa. mrylend. this 30th day s o* *-8"* d 88'** ** *"I . Rochester Gas and Electric Corp.; . of Nosember,1sst.
hume some 78'Mus issuance of Amendment to Provisional For the Nuclear Regulatoda==I-6=
- Operedng usense Thomas v. Weehech. .
i
- 3 ,s.:eso,so.4,43
. De Nuclear tory Commission 3,,i,, c3j,f, op,,,,i,, g,,cf,,, g,,,c3 g.
. (the Commission s issued s, Divi, ion efucensing.
Duk) Power Co., et al.;lesuance of 'Annendment No.46 to Provisional y, m n ,m .. ,
- Operating License No. DPR-18 for the R.
wndment to Construodon Pwmit s u mecoasreew us E. Cinna Nuclear Power Plant to l N tice is hereby given that the U.S. Rochester Gas and Electric Corporation t Nuclear Regulatory Commission (the l (the licensee).De Cinna Plant is IDcchet No.50-3121 i Commission)hasissued Amendment located in Wayne County, New York. '
No. 2 to Construction Perinit No. CPPIL- De amendmentis effective as of the Sacramento Municipal Ut!Tity C! strict; 117.ne amendment reflects the date ofissuance and is to be addition of Piedmont htunicipal Power issuance of Amendment to Facdity traplemented within co days of Operaung usense Agency as a new coewner of the Commission approvalin accordance Catawbe Nuclear Station. Unit 2 (the with provisions of10 CFR 73.55(b)(4). De U.S. Nuclear Regulatory facility) along with present owners Duke ne amendment adds a license Commission (the Commission) has Pow:r Company and North Carolina condition to include the Com nission- lasued Amendmeqt No. 37 to Facility M.m!cipal Power Agency Number One. approved Guard Training and .
Operating License No. DPR-54. Issued to Duks Power Compi.ny has sole Qualification Plsn as part of the license. Sacramento Municipal Utility District responsibility for the design and The licer.see's filing, as revised, which (the licensee), which revised the licensa construction of the facility, which is has been handled by the Commission as for operation of the Rancho Seco
- located in York County. South Carolina. an application, complietwith the Nuclear Generating Station (the facility)
De application for the amendment standards and requirements of the located in Sacramento County, complies with the standards and Atomic Energy Act off954 as amended California. De amendment is effective ,
requirements of the Atomic Energy Act [the Act).and the Ce mission's rules as of its date ofissuance.
of 1954, as amended (the Act), and the and regulations. He ramission has made appropriate fin as required ne amendment modifies the license Commi:sion's regulations.The to includa revisions to the previously Commission has made appropriate by the Act and the mission's rules approved Physical Security Plan for the findings as required by the Act and the and regulationsin to CFR Chapter L g cigg,y, Commission's regulations in to CFR which are set forth in the license Chapter L which are set forthin the amend:nent. Prior public notice of this 3, gg,, .s fili hichis W amendment was not required since the handled by the Comunission as an amendment.
amendment does not involve a application, complies with the standards Prior public notice of the amendment and girews of Mhic %
was not required since the amendment significant hazards consideration.
Commiss n has de ni" Act of 1954. as amended (the Act), and does not involve a significant hazards the Commission's rules and regulations.
g , , , nt 11 ot censideration. .
De Commission has made appropriate result in any significant environmental For further deteils with respect to this findings as required by the Act and the impact and that pursuant to to CFR ,
rcti:n. see (1) the application for the Commission's rules and regulations in 10 51.5(d)(4) an environmental Impact
.imendment dated April 8.1981. (2) CFR Chapter I. which are set forth in the statement or negative declaration and !
Amendment Nn.2 to Constru: tion license amendment. Prior public notice em iror.rnental impact appraisal need Pennit Nu. C@R-117. and (3) the not be prepared in connection with of this amendment was not required Commimon's related Safety Evaluation. since the amendment does not involve a Issuance of this amendment.
All of the se items are available for significant hazards consideration.
public inspection at the Commission's The licensee's filings dated May 4.
1981, and July 30,1981, are being .
De Commission has determined that Public Document Room.1717 H Street. withheld from public disclosure 'the issuance of this amendment will not NW., Washington. D.C. 20555. and at the pursusnt to to CFR 2.790(d). The result in any significant environmental .
York County I.ibrary. 325 South Oakland w!!hhc!d information is subject to impact and that pursuant to to CFR .
Avenue. Rock Hill. South Carolina. In
- 51.5(d)(4) an environmental impact addition. a copy of the above items (2) disclosure in accordance with the :
provisions of10 CFR 9.11 statement. or negative declaration and and (3) may be oblemed upon request. For further details with respect to this environmental impset appraisal need addressed to the U.S. Nuclear not be prepared in connection with Regulatory Commission. Washington. action. see (1) Amendment No. 46 to License No. DPR-18. and (2) the issuance of this amendment.
D C. 20555. Attention: Director. Division Commission's related letter to the of1lcensing. Office of Nuc! car Reactor The licensee's filing dated June 10.
R gulttion- licensee dated November 30.1981. Dese 1981 as revised September 22.1981. is
, items are available for public inspection being withheld from public disclosure Dated at Bethesda Ataryland the 24th day at the Commission's Public Document pursuant to to CFR 2.790(d). De cf Nnenber inst. Room.1717 H Street NW, Washington, withheld information is subject to i
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GUIDANCE ON LIMITED STATE AGREEMENTS FOR REGULATION l
OF LOW-LEVEL RADIDACTIVE WASTE DISPOSAL The Low-Level Radioactive Waste Policy Act of 1980, Public Law 96-573, established national policy that each State is responsible for providing for the availability of capacity either within or outside the State for the disposal of low-level radioactive waste generated within its border (except for waste generated as a result of defense activities or Federal research and development activities), and that low-level radioactive waste can be most safely and efficiently managed on a regional basis.
The Act sanctioned regional solutions to waste management by way of interstate compacts. The National Governors' Association and the State Planning Council on Radioactive Waste Management have endorsed this policy of State responsibility for providing the capacity for disposal of such wastes and the regional implementation of such facilities.
In conjunction with the current widespread interest and activity in establishing interstate compacts and planning for regional waste disposal facilities, interest has also been expressed that a State which i does not now regulate radioactive materials under an agreement with the Nuclear Regulatory Comission may wish to regulate the disposal of I
low-level radioactive waste as- host State for a regional disposal l
, facility. )
Section 274b of the Atomic Energy Act provides for the discontinuance of Nuclear Regulatory Comission regulatory authority over certain radioactive materials and the assumption thereof by the States through 12/84 5
agreements. The materials subject to these agreements are source material (natural uranium and thorium which are raw materials of atomic energy), byproduct material (reactor produced radicisotopes) and small quantities of special nuclear (fissionable) materials. Twenty-six of the State Agreements now in effect include authority to regulate disposal of these materials as low-level waste.* Subsection 274.b provides that the Comission shall enter into an agreeme ' with a State if (1) the Governor cer_tifies that the State has a program for control of radiation hazards adequate to protect the public health and safety i with respect to the materials covered by the proposed agreement and that the State desires to assume regulatory responsibility for such materials and (2) the Comission finds that the State program is compatible with the Comission's program for regulation of such meterials and is adequate to protect the public health and safety with respect to the materials covered by the proposed agreement.
In January 1981, the Comission updated and republished its criteria for guidance of the States and the Comission in entering into agreements under section 274 of the Atomic Energy Act. On July 21, 1983 the i .
criteria were revised to reflect recent changes in low-level waste '
regulations (Reference 1). Criterion number 27 now designates low-level l
radioactive w'astes in permanent disposal facilities as a separate i category of transferable authority. A State may, if it desires, seek authority for regulating such waste facilities without seeking authority for the other radioactive materials which are customarily included in
' Utah signed an Agreement on March 29,1984 which did not include the authority to regulate disposal of these materials.
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these agreements. An agreement for transfer of authority only for such waste disposal is referred to as a limited agreement. Annotations on applicability of the January 23, 1981 criteria to limited agreements for low-level waste disposal are contained in Appendix 1, and additional guidance applicable to waste disposal to supplement the criteria is contained in Appendix 2.
The Council of State Governments' SUGGESTED STATE LEGISt.ATION - PROGRAM FOR 1961 included a model State Radiation Control Act which a number of States have used as a framework of legislative authority for developing comprehensive radiation control programs. In 1983 a complete updating of this model act was published (Reference 2). (Copies available from theOfficeofStatePrograms.) A further edited revision of the model act (Reference 3) has been prepared for specific applicability to States which desire to enter into limited agreements with the Comission for regulating low-level radioactive waste disposal only.
Parts A. C, D. J and M of the suggested State Regulations for Control of Radiation * (Reference 4) are applicable to regulating waste disposal while parts B, E, F, G H and I are not applicable. Particular attention
.*Prepared by the Conference of Radiation Control Directors, Inc., the Nuclear Regulatory Comission, the Environmental Protection Agency and the Bureau of Radiological Health of the Department of Health and Human Services.
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1 is invited to section M.9 of these regulations which provides that a license will not be issued to receive radioactive material from other persons for disposal on land not owned by a State or the Federal Government.
The final 10 CFR Part 61 was published in the Federal Register on ,
December 28,1982 (Reference 5). This regulation prescribes performance objectives for land disposal of waste; technical requirements for site selection, design, operation and closure of a near-surface disposal facility; technical requirerents on form for waste to be disposed of by land burial; classification of waste; institutional requirements for ,
State ownership and proprietary responsibilities; financial requirements; requirements for submitting applications for licenses to conduct waste burial activities and procedures which the Commission will follow in the issuance of such licenses.
Criterion 9 of the criteria applies the technical criteria contained in Part 61 in judging the adequacy and compatibility of a State's proposal to regulate low-level waste disposal pursuant to an agreement under section 274.b of the Atomic Energy Act. Certain technical portions of the rule such as waste classification and manifest recordkeeping will not work unless these standards are adopted by the States.
.4 The procedural requirements of Part 61 on how an application will be processed, including the opportunity for public hearings on licensing proceedings and the preparation of written environmental impact analyses 12/84
Commission practice in its own licensing of low-level waste disposal and, while encouraged for Agreement States, such provisison are not rade a matter of compatibility.
Adequate financial arrangements shall be required for decontamination, closure and stabilization of a disposal site. In addition, Section 151(a)(2), Nuclear Waste Policy Act, P.L.97-425 requires NRC to review and approve financial arrangements for long-term monitoring and maintenance of a site prior to the State relieving the site operator of licensed responsibility.
NRC has developed guides and technical position papers to support implementation of 10 CFR Part 61. A listing of those available through Office of State Programs can be found in Reference 6.
The Office of State Programs is prepared to provide and arrange for consultation and assistance by NRC staff and its contractors to the Agreement States in evaluating waste disposal programs. This assistance can include furnishing computer modeling programs for use by the State, computer analyses of data submitted by the State and assistance in the preparation of environmental analyses. Arrangements for assistance should be made with the State Agreements staff of the Office of State 4
Programs.
e For further specific guidance or to discuss a State's interest in considering and preparing for an Agreement for transfer of regulatory authority, contact the Office of State Programs, Nuclear Regulatory 12/84
Comission, Washington DC 20555, telephone (301) 492-8170 or the appropriate Regional Administrator of the Comission.
Region 1 Office of the Executive Director for Operations 631 Park Avenue King of Prussia, PA 19406 (215) 337-5000 l
Region II Office of the Executive Director for Operations 101 Marietta Street, Suite 3100 Atlanta, GA 30303 (404)221-4503 Region Ill Office of the Executive Director for Operations 799 Roosevelt Road Glen Ellyn, IL 60137
, (312)790-5500 Region IV Office of the Executive Director for Operations 611 Ryan Plaza Drive, Suite 1000 Arlington, TX 76011 (817) 860-8100
.. Region V Office of the Executive Director for Operations 1450 Maria Lane, Suite 210 Walnut Creek, CA 94596 (415)943-3700 12/84
l Apper. dices l
- 1. Annotations on Applicability of Criteria to Waste Disposal
- 2. Guidance for States in Regulating the Disposal of LLRW References (Copies available from the Office of State Programs)
- 1. Criteria for NRC State Agreements. January 23, 1981 as amended.
- 2. Suggested State Legis1aiton 1983 vol. 42 Council of State Governments
- 3. Model State Legislation Edited for Low-Level Waste Only
- 4. Suggested State Regulations for Control of Radiation
- 6. Listing of Regulatory Guides and Technical Positions i
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APPENDIX 1 ANNOTATIONS ON CRITERIA FOR NRC-STATE AGREEMENTS FOR APPLICABILITY TO LOW-LEVEL RADIOACTIVE WASTE DISPOSAL !
The Criteria for Guidance of States and NRC in Discontinuance of NRC Regulatory Authority and Assumption Thereof by States Through Agreement which were originally published in 1961 were republished in the Federal Register, with additions, on January 23, 1981. Criterion 27 provides that a State and the Commission may enter into an agreement which is limited to regulation of low-level radioactive wastes in permanent disposal facilities. A revision to Criterion 9. Radioactive Waste Disposal was published July 21, 1983.
, Most of the criteria in the January 23, 1981 publication are applicable l to a limited agreenent for low-level waste disposal as well as to the
! usual NRC-State agreements for all of the categories of materials listed i
in section 274.b of the Atomic Energy Act and in Criterion 27. However, a few of the criteria are not applicable to waste disposal, vis.,
Criterion 15 which applies to medical uses of radioactive seterials and Criteria 2g through 36 which apply to the processing of uranium and i
thorium. In addition, guidance is provided in Appendix 2 on several new 1
considerations pertaining to low-level waste disposal.
J Criterion 9 refers to waste disposal by waterial users and land disposal of waste received from other persons. For a limited agreement criterion 9 requires promulgation of regulations for land disposal of radioactive >
waste to be compatible with 10 CFR Part 61.
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Criterion 24, State Agency Designation, was written to apply to the State agency or agencies which would regulate the uses of radioactive reterials. In the case of waste disposal facjlities the State rey have both proprietary responsibilities for the selection, ownership, and operation or contracting for operation of the facility and regulatory responsibilities for establishment of standards, licensing, inspection and enforcement of regulatory requirements. In order to avoid the possibility of conflict of interest between these proprietary and regulatory functions, it is important that the two different types of responsibilities not be assigned to the same State agency.
Pursuant to Section 150.10 of the Commission's regulations in 10 CFR Part 150, Federal government agencies are not subject to licensing by Agreement States and Criterion 28 provides for the States to grant exemptions from their regulatory requirements for designated classes of contractors of.the Commission and the Departnent of Energy, including prime contracts at-government owned sites such as Hanford, Washington and Savannah River, South Carolina which include among their activities the disposal of radioactive wastes. The Low-Level Radioactive Waste Policy Act provides (in section 3(a)) that compacts established under the Act or actions taken under 'such compacts shall not be applicable to ,
the transportation, management or disposal of low-level radioactive waste from atomic energy defense activities of the Secretary (of the Department of Energy) or Federal research and development activities.
O The legislative history of the Act makes it clear that the legislation was thus drawn to insure that States by compact will not be empowered to 12/84
restrict from such States the transportation, renagement or disposal of westes from the atomic energy defense activities of the Secretary and from the research and development activities of the Secretary and other Federal departments and agencies. Notwithstanding these prohibitions against State regulation of Federal radioactive waste renagement, it is permissible, and in fact is customary, for facilities such as power and research reactors, laboratories and hospitals of Federal agercies, other than the Department of Energy, to utilize commercial waste disposal services at licensed burial sites in the same manner as non-government generators of similar wastes.
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APPENDIX 2 GUIDANCE TO SUPPLEMENT CRITERIA FOR STATES IN REGULATING THE DISPOSAL OF LOW-LEVEL RADI0 ACTIVE WASTE Financial Sureties. The State should have procedures to require that an adequate bond, surety or other financial arrangement will be provided by ,
the licensee to assure the completion of all requirements established by the State radiation control agency for the decontamination, closure, decommissioning and reclamation of sites, structures and equipment used in conjunction with the disposal of low-level radioactive wastes and to 4
ensure that sufficient funds will be available to cover the costs of monitoring and long-term care of the facility by the State after l operational and closure activities by the licensee are terminated.
Public Participation and Hearings.* In the case of licenses for the disposal of low-level radioactive waste, the State sh'uld o provide:
(a) An opportunity, after public notice, for written comments and a public hearing with a transcript, and (b) A written determination of the action to be taken based upon l
findings included in such determination and upon evidence presented during the public comment period, with an opportunity for judicial review.
l *These guidance items conform to Commission practice in its licensing of low-level radioactive waste disposal and their adoption by the '
Agreement States is reconnended and urged by the Connission.
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Environmental Impact Analysis.* For each license for disposal of low-level radioactive waste and for each amendment or renewal of such license which has a significant impact on the human environment, the ,
State should prepare a written analysis (which should be available to the public before comencement of any hearing) of the impact on the human environment of such licensed activity. The analysis should include:
(a) An assessment of the radiological and nonradiological health impacts; (b) An assessment of any impact on any body of water and groundwater; (c) Consideration of alternatives to the licensed activity; (d) Consideration of long-tem impacts, including site closure, decomissioning, decontamination and reclamation; and (e) A weighing of the costs and benefits of the proposed activity, considering the available alternatives.
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i Limitation on Construction.* The State should prohibit any major i construction activity prior to the issuance of a record of decision in connection with any proposed licensing action for which an environmental 1 -
i impact analysis is required. -
- These guidance items confom to Comission practice in its licensing of low-level radioactive waste disposal and their. adoption by the Agreement States is recomended an urged by the Comission.
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Personnel and Organization. This guideline supplements Criterion 20 which discusses the qualifications of regulatory and inspection personnel for Agreement State programs. In addition to persons qualified by training and experience to regulate the radiation protection aspects of handling and use of radioactive materials, the regulation of radioactive waste disposal requires capability in the !
fields of geology, hydrology, ecology and climatology to evaluate and regulate the natural characteristics of a proposed disposal site and the effectiveness of design and operational features of a waste' disposal facility to isolate and contain the buried radioactive waste. As a minimum, a State radiation control program should have on its staff or through consultants the capability to make an independent technical 1 analysis that the established perfomance objectives (e.g., Subpart C of 10 CFR Part 61) will be met and to prepare an environmental impact analysis of the licensed activity.
When it is planned to use consultants from other State agencies, universities or other sources, it is necessary that these persons be available when and to the extent needed. This availability should be assured by appropriate memoranda of understanding, consultant contracts and budgeted funds.
In using consultants from other State agencies or State universities, it is important to consider possible problems if the same persons consult with both the State agency having proprietary responsibility for selection and operation of a disposal site and the regulatory agency.
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NRC estimates that the professional staff tine required for issuance of a license for low-level waste disposal is about 4 man-years; for renewal of a license, about 2 ran-years; and for a major amendment, about 1 man-year.
Post-licensing regulatory activities related to the existing waste burial facilities, including resident inspectors at the operating sites and environmental monitoring, are estimated at about one to five person-years per site per year.
In addition to the technical personnel discussed above and in Criterion 20, a State program for regulating radioactive waste disposal needs to .
have adequate staffing or support for legal, administrative and clerical aspects of the program.
Instrumentation and Laboratory Facilities. The State should have available both field and laboratory instruments and related equipment for verifying the measurements and environmental monitoring of the licensee and to conduct independent measurements and environmental monitoring.
l l Laboratory facilities should be available in the radiation control i
l agency, in another State agency or through a commercial service to F
- provide qualitative and quantitative analyses of environmental, operational and possible accidental release samples.
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The instruments and laboratory facilities should be described, including their availability and the State's related quality assurance program.
If laboratory facilities or services outside the radiation control agency are relied on, information on what contract or other comitments assure their availability on a timely basis should be included.
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