ML20212J267
| ML20212J267 | |
| Person / Time | |
|---|---|
| Issue date: | 09/10/1986 |
| From: | Kerr G NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Jennifer Davis, Ross D, Taylor J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE), NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20210H056 | List:
|
| References | |
| FOIA-87-47 NUDOCS 8703060371 | |
| Download: ML20212J267 (8) | |
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)(f, c :. , h1 SEP I'0 156 Ref: SA/J0L HEMORANDUll FOR: John G. Davis Director, lif;SS, James H. Taylor, Director, lE Denwood F. Ross, Acting Director, RES 1 William C. Parler, General. Counsel. OGC James G. Keppler, Regional' Administrator, RIII FROM: G. Wayne Kerr, Director - .,-
Office of Stata Programs ,
S'J3 JECT: DRAFT PROPOSAL FR0:1 ILLINOIS FOR SECTION 274b AGREE!'Elii ,
Illinois is proceeding towards a Section 274b Agreenent with !!RC. The State's target date for the Agreement to become effective is January 1, 1987. <
The State prepared an initial draft program narrative and proposed regulations last surner and, with your staff's assistance, OSP provided comnents to Illinois on liovember 15 and M U35. Since then, Illinois has moved their regulations through the adt.ption process, iiinor changes to the proposed regulations have been made to accomodata Illinois rulemaking requirements. These were made in consultati.on with OGC and >
OSP staffs. Illinois has made the necessary changes to the regulations to enable an NRC staff fimling of com,atibility for the regulations.
. Minor amendments to the State statutes affecting the program were enacted by the legislature and signed by the Governor. These have been reviewed by OGC and OSP ' staffs and found to te acceptable. Lastly, the proposed agreement document has been revised and a review by OGC and OSF
- staffs has found it to be acceptable.
l Illinois staff have now completed a redraft of their program narrativa and submitted it to NRC for coment. The submittal includes the
! narrativo, pertinent legislation and~ the regulations in their final forn (enclosure 2).
The femal request for N Agreenent will be in the fom at a letter fr.n Governor Thompson to Chaiman Zach. In vlaw of the State's target for an effecti e date of January 1, 1987, the Con rnor's request should 9
! submitted by the Governor as early as possfble buc no lator than erout October 1,1986. To enable the State to rzet this milestons, w w?uld,
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cpprcciate recaiving your com.ents on the redrafted Illinois package by c.o.b. September 19, 1986. If you wish, Don i;ussbauner and Joel tubenau cap meet with you to discuss the results of your review. He will then
!. di; cuss and resolve the staff's coments with Illinois so that the q ~ G0vernor's request can be handled expeditiously when it is received.
~ When the formal request froa Governor Thompson is received, OSP will preparc en assessment and FR notice and circulate the request (with supporting documents), assessment and FR notice to you for concurrence.
Following the public comment period, OSP will evaluate the coments and prepare a Comission paper on the request. The reference criteria for evaluating a requast for a Section 274b A Comission Policy Statement (enclosura 1)greema.it are contained in a l 181@
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- a. **** god i G. llayne Kerr, Director j ,g ..
Office of State Prograns
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- UNITED S...TES NUCLEAR REGULATORY COMA ,SION
' S RULES and REGULATIONS
' TffLg 13. CHAPTER L CODE OF ptDgmAL RgGULAfsossa-gNgaev
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COMMISSION NOTICES
- I POLICY STATEMENTS
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Agreement States ,
1 I j would be competible with that of the pub'.I.06-373 which wee enacted la the s e6PR7eas NRC.The critene were circuleted passamme 1/asts1 form of a new secues to the Ato.eic among States. Federet egencies. laber Energy Act (Section 274) and approved and industry, and other interested ensee== 1/ss/st by the president on September 23.198g groups for comment.
- Amended tv Ps eussehed 7/ts/st and amended by pub.L 9b004 4 The triteria require that the $ tete tes FR 3e969) and 7/21/83 (48 F R approved November 8.1974.nese 33378) suhrity consider the total aceumutsted criteria are intended to indicete factore occupational radiation exposure of which the Comunlesion intends to indstiduals.To facilitate such an Cetterte for Guldense of States seg sensider in approving new or steended ;
appeach.Itle the view of the NRC that NRCin Diesenuneense of NRC agreementa.They are not inisaded to en overe!! redieuen protection prog sm Regulatory Authority and Assumption hmit Commission discretion la viewing le desirable.De mestraum ecope of Dereof by States Through Agreement individual agruments or amendments, la accordance with these statutory each State's radiation protection o 448Mef.U1 Nuclear Regulatory
,g provisione, when en agreement between progrein is not, however. e necessory or l appropriate subject for esterage in ime acTisse Statemest of pnlict. e State and the NRC le effected,the criterie.Consequendy,the cHierie are Commission wul discontinue its eilent on the quest.en of whehr a State
- eussessar.The Nuclear Reguletory reguletory authority within that State crer one or more of the following should how a total res:statory pregram Commleelen has redoed its statement of materiale: byproduct meterial es defined covering su sources elradianoa.
splicy ager&'ng cdurh for guldesce d inclu6ag " hose not subject to control by
~i States and NRCin 6scr.atinuance of in Se-tion 11e(1)of the Act .
NRC ngulatory authority and tradioisotopu). baroduct material se the NRC under the Atomic Er.ertv Act.
assumption of regulatory authority by such as a-reye.redium, accelerators, etc.
definedinSection11e(2)of the Act(rrJ11 '. Then nvised cnteria provide for Steles through a ement. Die scuon is tailings or westes), source meterial eew to me editorial changes to . eg inte, sa agreement for a (utenium and thorium). opecial nuclear update the policy etctement le suow 4Werete category of materials, semely.
5 material (urenlum 233.weniurn 235 and lew lesel waste materialle permanent t States to ester inte a ments forlow. plutonium)in quenuties not sufficient to jeweg weete only, is geco,pereg g ferra e critical mass and permanent dispecal facilities.Dey else provide
- t new criteria for Stews wishing to ,
- - ' - and requireseau d b Esposal oflow inel wesu containing continue reguistine wealuse and thorium 6teeium MiB Tsuinge Radiaties Centrol one or more of the metenele stated
- t. Act of ters Adopues of this poucy wit above but not including miu tellings, processing and the westes resuls^$ .
therefrom under the prodstons of the
! eDowlaterested States to enter less
- 2. As agreement may be effected Urenlum Mill Tellings Ra&ation Contro!
agreements with the NRC and segulate between a State and NRC:(1) upon low leve! weste sites only. AddiuoneUy. . earteficanos by the Governor that the Att of1sts (Pub.l.e6 408) after these States that meet the criteria for State hee a Program for the sentrol of Nore: .ber s. tsst.no redoed criteria ;
the seguleues d wenium mGlo and sedeHoe heaards adeque4 to protect ein enteln a number d eWal t changes such as changing AEC to NRC
- teGiegs may esercise repu! story the public beelth and safety with respect where appropriate to eenform to present ,
sotherttw over thne sowces as provided to the meterials within the State esvend by to Lfreelum MiB Toutnes Es6edon by die propend agrument and the Freedce andow.
asInquiries about detaus of b Comest Actof ters es amended. State desires to assurne regulatory criteria or other especie of the NRC The revloed etstement of poh responsibility for such meteriale: and (2) Federel. State Relatione Prog em should seSectsthefoD principalhe.' after e Anding by the Comadesion that teri-n 27 to be addrened to the Of5ee of State 1.Mediaceues the State program te la escordance with Programe.U1 Nuclear Regulatory j eBow e State to seek as agreement for the requirements of subsection e of Commission. Washingtes. D.C. aosss, te segulation oflow-level weste as a sectM 274 and in all other respects compatible with h Commission's Criscias esperate estegory,dditional 2.lesluenon of o crlieria for gg,,
Program for the regulauon of such States wie ' to ecetinue regule materials, and is adequate to protect the 1. Protection. A State regulatory urasium en/ orturn processors Pubhc bulth and safety with respect to edl tellings siter November 8.sset. pro 6rera shad be duisned to protect the the materials covered by the proposed health and safety of the people against
- 3. Editorial and clarifying changes to agreement. It le also necessary ht the mene the statement current. re&stion hasards.
. $2 ate han snabbrig legislation Defes:This policy statementle effective authorising its Cournc,r to enter into Jfodiotion protection Saenderds '
Jensory 33.1981. -
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discussions with variove siste officials (l8g'N 5Pg t*was 8M",8,g'['g",
wm t,rei adee.ed a retnar
.. we'shington. D.b ac tss. telephone: 301- and other State re;rese".14tives, to Minar ed we.a! naqq eiese made is be sus to ggg,77gy, unen o ..se,n er se us oeenream et provide guldonce and ess; stance to the Treanesam ea sad ossemastres ease.ei ne*NCV,=.
smactorrut esseoenevioec 5:stes and the AEC(now NFC)in '5st"*d5* e e* * **as54= =s*:*
1.Deee criterie wue developed to developing a regulatory proram which G s"a ===* m""n anw.w m.o. t Irnplement a progam. tuthorind by December 31,1985 (reset) ' -
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t POLICY STATEMENTS
. A Sconderds.The State regul story and manifest systesl ehe!! be in authority shall be authorized in pretram shaU adopt a set of standards accordance with 10 CFR 20. in&vidual cases to impose add tional d for protection assinst red:stion which The wute dispoul standerde shah requiremente to protect bestth end shau app'y to byproduct. source and include a weste classification scheme oefety, or to grant necessary enemptions stiecisi nuclear materials in quantities and provisions for wests form, which will not jeopardize health and nut *kfacient to form a criucal mass. applicable to weste generatore, that is. safety.
- 3. U.*ifor.wty JA Aediction Sto.-dords. equivalent to that contained la to Cm It is lisportant to strh e for uniformity in part et. PriorEroluotion of Uses of Aodioactire technical deIWuons and te- ninology. (b)I.end d spoul of weste received Moderials particularly se releled te such things as from other persons.ne State shall 13.MorEEluotion ofHorards and un;ts of measu entent and radiat:ca ulgets regulatione containing Uses. Esceptions. la the present state of dose.The.re shaU be uniforndty on sing requirements forland d eposal knowledge. it le necessary in regulating
- mar.imum permissible doses and levels of radioactive weste received from other the possession and use of byproduct, of radiation and concestrat!ons cf persons which are compatible with the source and special nuclear materials radioacuvity, as fixed by part 20 of the apolicable technical defin!tions. that the State regulatory authority NRC regulations band on officieUy performance objectives. technical regulre the subminion ofinformation approved rad.ation protector guides. on,and evaluauon of the potential requirements and applicable supporting
- 4. TotolOccupotiese/Ro&ar>0n besards and the capability of the user or sections set forth in to CFR Part St.
Kaposure. The reguistory auhority shall Adequate financialr-- efunder possessor prior to his receipt of the consider the tow occupational radiation terms uteFished by regulation) ehell be materials.This criterion fe subject to ouposure ofin&dduele including that mquired of ee:h weste disposal ette certain excepuons and to contmuing from sources which are act regulated by ITeensee to ensure sumcient funds for reappraiset es knowledge and it, decontamination. closure and esperience in the atomic energy field
- 5. Surveys. Mon /toring. Appropriate nbiliseuen of a disposal efte.In increase. Frequent! there are, and serveye end personnel morutoring under addiuon. Agreement State financial inenesingly in the utm there may be, the close supervision of technically arrangements forlong terra monitoring caugones of materials and uses as to and maintenance of a specific site must which1here is sufficient knowledge to competent people are essendalin achieving radiological protection and e be reviewed and opproved by b permit possession end use without prior shall be made in determining Commin.on prior to relieving the ette evaluation of the hazards and the compliance with safety regulations. *perator of bcensed responsibility capabdity of the possessor and uscr.
3 24bels. Signs. Symbols.Itia (secuen 151te)(2). pub. I. tr425). These categories fallinto two groups-thou materials and uses which may be.
dairable to achieve uniformity in labels, signs and symbols. and the completely exempt from tegulatory centrols, and those metenals ar.d uses 4 posting thereof. However. it is essential that there be uniformity in labels, signs, in which sanctions for aususe are snainteined without pre-evalueuen of and symbols afnaed to radioective products which are transferred from . the inkvidual possession or use.In
- 10. Atsu/otions Coverning Shipment authorizing research and development person to person, or other activities involving multiple F.lutruction. persons working in or of Aodiooctive Materiola. The State frequenting restricted areas 'shau be shall to the extent ofits junsdiction . uses of radioactive metenals. where en instructed Mth respect to the health prosaufsate regulations app!icable to the institution has people with extensive shipment of radioactive ma tenals. such training and experience. the Siete risks associated Mth exposure to radioacuve materials and in precautions regulation.s to be corspotible with those regulatcry authority may wish to to minimize exposure. Workers shall established by the U.S. Department of provide a means for authorizing broad T* Transportetion and other agencies of the use of materials without evaluating each have the righ to request regulatory authority inspections as per 10 CFR 19. United States whose [urisdacu.n over specific use.
interstate shipment of such materials 14. Evoluotion Criterio. In evaluating c- section 19.16 and to be represented necessarily continues. State regulations a proposal to use radioactive matenals,
- e. during inspections as specified in . the regulatory authority shall determine section 19.14 of to CFR 19. regarding transportation of radioactive materials must be compatible with to the adequecy of the applicant's facihties es Storere. Uceased radioactive CR part FL materialla storage shall be secured and safety equipment. bis tralaing and against unauthortsed removal. St.Recorda and Aeports.ne State experience in the use of the materials
- 9. Radioactive Weste Disposet regulatory program sha!! require that for the purpose requested and his holders and users of radioactive proposed adrainistrative controls. States (e) Weste dis I b material unre. materials (a) maintain records covering should develop guidanca documents for g, personnel redaa tion exposures. radaauon use by bcense apphcents. this guidance radioactive materials into the sir. water surveys. and disposeleof materials:(b) should be consistent Mth NRClicensing
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.and sewet. and bunal in the soil shall be hup records of the receipt and tronafer and regulatory guides for various in accordance with 10 CFR Port 20. * * "'I*I* ( catesones of beensed activities.
Holdere of radiosevve metenal desiring incidents invoN'. ng c) thereport significant matenels, as 15.#umon Use.The use of ts6oactwe to release or dispose of quantitjes or meteriale and radiation on or in bumens prescribed by the regulatory authority:
concentrations of radioactave meterials (d) make eveilable upon request of a tr. -l! not be permitted except by in excese of prescribed linata shell be I8Fmer employee e report of the , 9.'y .sshfied persons (normally required to obtain specaal pos sussion L.e:ned physicians) possessing from the appropnate regulate y ernployWe exposure to radiation:(e) et request of en employee advise the presenbed minimura, experience in the authority. ese of radioisotopes or radianon.
Requiremente for transfer of weets for employee of his or her annual radiation the purpose of ultimate dispoul et a exposure; and (f) inform each employee laspection land disposal facility (weste transfe, in uttans when the employee has received radiation exposure in excess of 18- %?Poes. Trgueny. De e-memewd the prescribed limits. Possession and use of radioactive den as s.aw.e,. res y su.hunn u .. .., fn
.,. ...m u peri. e 12. AdditionalRequirements and materials shall be subject to inspection Exemptions. Consistent with the overall by the regu!atory authonry and shall be is r.
YMUI.*cf.".Y.In*.t. **E,7.7 o. subject to the performaoce of testa. es em. essin .o.s. ..r m. n.d u rn.4.,u..i criterie here enumerated and to
=,.u.e...peme . ... eccommodate special cases or required by the reguletory authertry.
m.am. twees an e s.i s .p.n n . muw.d circumstances. the State regulatory Irrpection and testing is conducted to g
""*- determine, and to assist in obtmining.
December 31,1985 (reset) PS AG.2 D
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POUCY STATEMENTS
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of evaluefloo and inspectien of all of the SpeciolNuclear Afsterial. Source sempliance with regulatory various ases of byproduct, source and Noteriolond Tritium
- requirements.
Freyncy ofinspecuos she'lbe special nuclear meterial which reight ^21. Conditions Applicable to Special
- eelated directly to the amount and kind come to the reguletory body should have Nuclear Afortrial. Source Aforeticiend of operation substantial trairdag and extensive Tritium. Nothing In the State's of material and te datory program shallinterfere with licensed,andit s U be edequate to experience in the field of radiation protection. lt is desirable that such a th dutin tmposed on the bolder cf the lasure complianc4.
17.InspecDons Compuls census person have a bachelor *e degree or rneteria! by the NRC.for e ample the shall be under obhgenon by aw to equivalentin the physicalor life -
duty to repo t to the NRC on NRC sciences, and specine training.redietion prescribed forros (t) trensfers of special prodde access to inspectors. nuclear material, source material and 18.Noaif,cetion of Aesults of prowetion*
Inspection.Ucensen are enuded to be Itis recognhed that there wiD also be triuum, and (2) periodic inv entobdata.
advised of the results ofinspections an persons la the program performing a 22. 5 cio/NuclearAforerial fened.
> lo notice as to w hether or not they are in morelimited fun,ction in evaluation and Specta uclear materialin quantities Inspection.These persons win pe: form not sufhcient to form a critical mass, for compliance.
the day.te day work of the regulatory present purposes means uranium Enforcement Progres and deel with both routine enriched in the isetope U-235 in "d ** siteetions es wen en some which wiU be quantities not exceeding 350 grams of
[ /*[,*' 'g'["gg*be amenable to enforcernent thswegh kgal out of the ordinary.nese persone should here a bachelot's degree or contamed U-235. uranium 233 in quantmo not exceedmg 200 grams:
sanctaons and the ngulatory authonry gg g,g sha'l be equipped or assisted by law -sciences, training in health physics, and 200 g ams; or any combination of them with the necessary pevers for prompt h4N Md work M hm e N [de formulafor each kind of special experience in the field of radiation pr pnSte.ad r sYa ve roe es nuclur mate sal.detumine Ge tauo Pmtecum between the quantity of that special
- looking tow ord issuance of orders The foreping are considered nuctor matenal and the quantity requirms affirmatave action or desirable quahtcations for the staff who willbe res;onsible for the actual specified above for the same kind of suspension or revocation of the righi to special nuc! ear materialThe surs of possess and use matenels. and the performance of evaluation and inspection.In addition.there mil such ratios for all of the kinds of special impoundag of matenals, the obtainingg of mjunenve rehef, and the is, posing probably be trainees associated Mth the nuc' ear matenalis combination should et 11 or crimu al penaltaes. ry pmp & will hate an net escred T (i.e, unity)Jor example, r
academic background in the physical or b fd panuun WWadon Personnel hfe sciences es weU ea varyingemeents would not exceed the limitation and are
- 20. Qualifications of Argulatory cad of specific training in radiation within the formula ee foDows:
laspection Personnel.The regulatcry protectionb.utlittle or no actualwork agency shall be staffed with sufncient experience in this field. The background 175 (paes centafned U.235) e trained personnel. Pnor evaluation of and specific training of these persona applications for hcenses or J50 authoruations and inspection of willindicate to sorr.e extent their potential role in the regulatory program. 50 (grams U 223) ,50 (pans Pu) ,3
[V) Lcensees must be conducted by persons peenssing N training and eaperience These trainees. of course. could be used init4 ally to evaluate and inspect those 200 200 televant te the type and level of appheations of radioactive materials radioactivity in the proposed use to be ' * " * (This defin: tion is subject to charge by ovaluated and inspected.This requires *h['h d, a a dfr h red in future Corrunission rule or regulanon.)
competency to evaluate various standpoint, for examp!e. Inspection o
, umastrer,oa
- potential radiolegical haterds industrial gauges, small ruearch y a an d agn suc m' n. ;...te pra
- tices for assunns the fair e al and in lud s g, g ee and and irrparhal adrainistration of
- h. e I o et we concentrations of redioactsve materials, P
!d regulatory law, including provision for*
la sit and wster, conditions of shielding, ym[ enc , g, inthNie:d.tjeme
, ,,)y . public participation where appropriate.
the snaking of radietion measurements. more complex or difficult types of should be incorporated in procedures knowledge of radiation instruments-- redaoactive material a pplications. It le I'"
their selection.use and calibration- desirable that such treinns have a '#8"""I'U *I '"I" "I I""'I laboratory design, contamination behelor~e degree or equivalent in the control othat general principles and physical orlife sciences and specific *E[licabibrytJpWing M duying appbcadens peectices of radiation protection. sad training in radiation protection. In for hcusn w su$chsauon to poucu use of management controls in assuring determming the reqmrement for and sie radioactive materials, and adherence to safety procedures. Irt order academic training of incividuals in all of c . 3&cW.inary acuens assinst to evoluete some comples cases.the the foregoing categories proper g;'"""
State regulatory staff may need to be consideretion should be given to i Arrangemeets forDiscontinulas NRC supplemented by consultants or other equivalent competency which has been ,
State agencies Mth expertise in geology. gamed by appropriate techrucal and furis6et/oir hydrology, water quahty, radiobiology radiation grot.ction experience. gulo%ency Daisnotide and engmeering disciphnes. Itis recogniteC that radioactive Stata should indicate which agency or agencies will have authorfty for ca ,g To perform the functions involved in meteriale and their uses are so varied eveisattoo and inspection. it la desirsble that the evaluation and inspecuom. on the program and should provide that there be personnel educated and functions will require skills nod NRC with a summary of thatlegal trained la the physical and/or hie esperience in the di!Terent disciplines authority. There should be assurances sciences. locluding biology, chemistry. which will not always reside in one against duplicate regulation and person.The regulatory authority should beensing by State sad local authorities, physics and engineering and that the have the composite of such skills either and it may be desirable that there be a penonnelbeve bed troisiing and in its emple'y or at its command. not f experience in rsdiaton protection. For single or central 25 ha.'ing NR rebatory authority.
cusu and example,the person who willbe only for routine functions, but also for emergency cases. Pendng Applications. In effectina the responsible for the octual performance PS. AG.3 December 30 M houd l
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!* e a POUCY STATEMENTS discor.tinuance of jurisdiction. Arnngements should be made for the clamation or other bonded act!vity has appropriate arrensements will be made reciprocai recognition of State beenses en performed. funds for the purpon by NRC and the State to ensure that and Federal beenses in connection with a not to be transfernd to the Federal I there will be no interference with or out.of.the.lurisdiction operations by a ernment.The funds collected by the !
interruption oflicensed activities or the State or Federal Ucensu. 5: e shall be suffkient to ensun processing oflicense opplications.by 24. NACondDeporunent ofE9erFY co liance with the ngulatoons the reason of the transfer.For exemple. one Contractors. The State 6hould proude Ce mission estabbshes pursuant to
, approach might be that the State. in exemptions for NRC and DOE Sect n 161X of the Atomic Energy Act.
essuming ju isdicuen. could recognize contractors which are substantisUy d. b issvences of bcenses. an and continue in effect for an equivalent to the foUowing exemptions: oppo unity for written comments, eppropriate period of time under State s. Prime contractors performing work publi heanns (with transcript) and lew existing NRC beecses. Including for b DOE st U.S.Covernment. owned cron amination is required.
hcenen for which timely applications or controDed altee: e.In he issuences oflicenses.a for rer.ewel have been ided. except b. Prime contractors perfonsing v t'itrn * : mination of the action to be where good cause warrants the earlier research in. or development. Iden L r.J upon evidence presented reenamination or termination of the manufacture, storage testing.or daring public conunent period and license. transporta tion of, stomic weapons et which is ubject to judicial review is
- 28. Aelations It'i A Federal components thereof: required.
Core.nment and Overstores. There c. Prirne contractors using or opereting f. A bee major enestrocuse prier se should be en interchange of Federe! and nuclear nactors or other nuclear esmrieus 6e =Mnen esvtrenewstal State inf:rmauon and assistance in devices in a U.S. Coverruneni. owned analyds M in ensenes at.
connectica with the issuance of vehicle or vesset and 3.Ano rtunity shou be provided regu'etions and licenses or d. Any other prime contractor or for publi rticipation through written authorizauons. taspe ction of lice nsee s. comments. bhc hearings, and judicial subcontractor of DOE or NRC when the reporting s,f incidents and violations. State and the NRC jointly determine (i) resiew of r s.
and training and educauen problems, that. under the terms of the contract or 30. In the actment of any supperJag 2 .Coverose. Amendments. legislation. State should take into Aee[procity. An agreement providing forsubcontract. there le adequate account the ervadons of authority to assurance ht b work thereunder can discontinuance of NRC regulatory be eccomplished without undue risk to the U.S. In D(TRCA as stated in to CFR authority and the assumpt:en of the public health and safety and (li) that 15a25a and 6agunarized by the reguletory authority by the State may the azemption of such contractor et foUowing:
refete to any one or more of the subcontractor is aubrized by law. a.The estabb heent of mirdmum fonowing categories of materials within standards gave ' recJametion. long-the State. es contecrylated by Public Additional Criteria for States Regulating l terrn surveillan ormaintreance and
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law as-373 and Puclic Law 35-404: renlum or Thodura Processors and
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- estes Resulting Therefrom Afteg A (' ownership of the yproduct metanal.
a.3yprodact materials as defined in 1 b.De determi uon that prior to the section stell)of the Act, vember8 test K termination of a b&ense, the bcensee has ,
- b. Byproduct matarials as de$ned in g,,
complied with dec&ntamination.
section11e(2)*of the Act, decommissioning abd reclameuon
- c. Source material; 29 State statutes or duly promulgated standards. and ownyrship requirements
- d. Special nedser meterials in regulktions should be enacted. if not for sius at which byproduct matenalis
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quantities not sufScient to form a already in place.to make clear State p,,,,ng g cnucal mass. authority to carry out the requirements e, n, ,,q,i,,,,,ip : p,3,, g, e.Iow level westes in permanent or Pubudtaw 95-404. Uranium MiD termination of any license for byproduct disposal facilibes. es defined by statute Tailings Apdistion Control Act material es defined in1Section 11e.[2]. of g or Commisalon rules or regulations (UMTRCA1 se foDows: the Atomic Energy Act(or for any
. containing one or more el the materials s. Authat{ty to regulate the tellings or activity that results in tne producticn of stated in a. c. and d above but act westes produced by the extraction o' such maurial, tide to a byproduct loc!vding byproduct material as defined concentretion of urenlum or thonum material and the disposal site be r* In Section11e(2)of the Act:
from any are processed primarily forits trartsferred to h Federal Government bet must relate *o the whole of such source meteria(content. or State et the opuon of the State.
category or categories and not to a part b.That an adequate surety (under provided such opuon la etercised prior of any category.*1fless than the Sve terms establisbee y reguleuen) wiu be to terminauen of the license.
categories are included in any provided by the Il neee to assure the d.The authority to require such discontinuance of jurisdiction, comptetion of eD re ultements soonitor.'ng. maintenance, end d scontinuance of NRC regulatory established by b ( te appropriate emergency measures after1be license is authority and the assumpnen of State esency) for the ecentaminatio'k termir.ated as necessary to protect the story authority by the State of the deconunissiontng and eclamation of public health and safety for those o say be accosphshed attes, structures. and e ipment used in makrials and property for which h subsequently by an amendment or by a conjunction with the se retson or 5:ste has assumed custody pursuant to _
later agreemenL disposal of such byprodu meterial. Pub. L e5-404. t
! The agreement may incorporate by c.1f in the States
- 1icens and e.The schrity to permit use of the reference provisions of other documents, regulation of byproduct me fiel or of surface or subsurface estate, or both of lacluding these criteria. and the any activity which produces yproduct the land transferred to h United States agreement sha!! be deemed to material the State coUects ! ds from or State pursuant under pro 0sion of the lacorporate wihut specific reference the4icensee or its surety for le . term Uraniu n Md! Radiation Tadaags Control the provisions of Pub.L SG-373 and Pub. survetUence and meintenance such Agg, i L eMoe and h related provisions of material, the total amount of the nds f.ne authority to esempt land the Atornic Energy Act. coUected by the State shallbe ownership transfer requirements af transferred to the U.S. If custody o the
- A sian een den senos to soeur..e byproduct meterial and its dispose ite Section 53(b)(1)(A). \
31.lt is preferable that State sietbte: -
is transferred to the Tederal contain the provisions of Section e ipf the N N "rNs*dYre*dYs EeUtNr Government upon terminetien of the Model Act But the following may the Ateeit faeryr Act as amenaed. ahed.evember ,
e.issiswee m.Pa t.swos =rersie State license. (See to CTR 150.32.)If n accomplished by adoption of either sesomr cer sii seem manal hemee wous default has occurred and the procedures by regulation or technica the Siste escest for urenwa er $ertum presseeers. I -
December 31,1985 (reset! PS AG-4
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- POLICY STATEMENTS
% o eria.In any sass, authority for their agency speesment of the propoud experience in radieuon protection mentation shoald be adeqimiely project le not edequate or apprepriate. siecessary to evatusta the enginering l and rs&ological safety espects of a
% owe However,the lead esency may preparc i es ed by statute. regulation or case g uranium concentrator.Currtat I etermined by the State Attorney an environmental assessment based Generst- upon an opplicant's environmental bdicetions are that 3 to US total in the lierneing and regulation of ores report.Ohr cre&ble information may professional person yeero* effort is processed primanly for their source be stilized by the State as long es such needed to process a new eennouonal mete ist sentent and for the disposal of infonnauen is verWd and docwnented mill bcense. la situ license, or major byypeduct metasal, procedures shall be by the State. renewal to meet the aquirements of l s.When a leed esency le deetsnated. UhlTRCA.This ausherlacludes the j estabbehed whichgrevide a written analyste of the impact en the that agency shaald coordinate effort for the endronmental assessment i ing actMty. prepareties of the statement.The o&er and the in. plant safety review. It also j enversameetof the includes the use of esasahants.Wep His ano shellbe gilable to the associos involved should provide i
,- --_ r- nt of assistanes with respect to their areas of leech applicatises may take less time and obliinclude. jurled cties and espertise. Factors andis expected to take u to u
- a. An eseosoment of the sological relevant la obtaining assistanes from peefeselesel staE years'esort, and _- --- f-_' ' . l publ6c he th other agencies inclede the applicable depending en the circumstancee )
impacts: statutory authority, the time sequence in encountered. Corswet ind catione are L Aa : . nt of any orbich the agencsu become levolved, that the peers ofert for support any body of welet or weter, the magnitude of thalt involvement, and andleg es.* vices abould be one j escretary for a aimately 2 l s.Camelderation of Iternadves to e releuve superties with 9 to b esavenuonal and M staf years for Essesed ac6vities; and y,,jegg s envireemental egocte. i
- d. Consideraties of long-term impacte la order to bring an environmental leaal services for each aseenstested m!!! J case.De impact en environmental ela-ad acWwhies [m Item SebM essessment to a satisfactory senclusion, monitoring labomtary seppert services Jteyugegian, it is highly acosusended that en initial scoping document be denloped which is d.fficult to estimate but should be added into the personnel seguirements.
sa.Sete msuladone should be urly dehneske &e ma and scope of mviewed tw mgulatory mquimments. to be perienmed by each agency In addiuen.consideraties abound be and where necessary incorporate ,g ,. gag, sinn to wioue mieuHaneous posk
, ,g,,, ig,,
- reguletory langvege which la equivalent g, g,u mu g, g bcensing ongoing actidties inclad ng the l to the estaat practicable or more issuance of animor amendenata, i en ental sesessmer t where the inspecuens, and endmamental stringent than reguleuons and standards State ca t identify a State a8'n'Y
- ,i adopted and enforced b the eurveillance. It le estimated that these heving s at empertise to adequetely mW m 2 Commi h n a by Seedos
- mes a i pe son years effort per bcensed facility l IPee less 30 Cf1t 40 and 1(LCFR a $4 a 130.31(b)). ining outside per year.ee natur W b saw for a provisions for ma a '
OrgenleotionalJteletionsMps WirAin aheKasses consulting service In those instances where non. govern atal consultants n h '
tie!acuddves 33.Organiutional relationships are utilized. procedur should be [. stinglicense opplications estabbshed to avoid coyet of interest C) *ehould be established wh!6 censisant will Me Stau law nd the State shall have access to necessary specialities. e.g. radiological sefety.
provide for na efective reguistory pngma fw unnium a e and g ,P hydrology geology and dem u ts ec ed for *"d P' should be developed which their expertise in emergency m ical * *y " , ' ,", , the pe d matters.such as the Oak Ridge a qualineations listed in the *Cuide for i ebow the menegement organizauen and Hanford National Laboratones, re ting Evaluation of State Radiation Control knee of authertry.This chartabould define the speci$c lines of supervision to the intake or uranium andits programs." Revision 3. February 1.19e0,
- . dia;nosis thereof associated with h mgdatory awHinvolud in b from program management within the uranium mining and milling should be f* redieuon control group and any other - mgdswy pmcen Wdieuos) abodd .
e ed e availa e to the State for g departseest within the State responsible g
- " During the budget prepare'u on.the & ce and Envitcamental ,
asuan : n : 1 of State should allow for funding costs ,g g tailings.When other State esencies or , g regional offices are utihned. the i.nes of incurred by the use of consuhants. In gggg ad& tion. consuhants should be ye a year numbers. If other egencies communication and administroUve avallable for any em neles which control between the esencies and/or are ted la these numbers then it
' 8" ehen e mud Ge **' *
$ du n. o I be se ed 1. ,, on s muum b.These States that will utiltre penannel and contin basis to a degree pereennel trem other State Departments 34 penennelneededin h claimed se a esary to successfuUy ing or7edalagencin in papering es comply with mquirements of c,f the kanse apphcados can seversaments! assessment abould identified or arouped according to the UMTRCA and se criteria.De designate e lead esency for superWaint fahwing skiiloTdadcal; arrangements for sking such resources and coord nating properaties of this aveilable shall be umented, such as Adrainistrative; and Support.
envirorumental assessment itis a. Administrative personnel are those an laterogency memo adum of normsDy arpected that the radistion onderstanding and to ed by p, .ans who will provide laternal control in Agreement States wlO g. Yes rIt reemoranda. reviews and budgetary sost centers.
c'y reg fanetsons Gmraf the e les Eto h*Mg(*.*;hg^,*h****a*g'*##*cUon. g '
pecpare the environmental asusement- Support personnel are those persone ss.The States should devel Utihaation of an appheant's who provide secretarial, clerical procedures for licensing. inspec n.and enr.ronmentalsport in Seu of a lesd preparation of envirotsental support. legal, and laboretory services.
Technical penonnel are those assessments.
- nu - 6 m h4a.i wh>pered a. Licensing individuals who heve the trainias and (1)Ucensing evelsetions or
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pS.AG 5 Deanmber 31.1985 (reset) l 4
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POUCY STATEMENTS s
- mente should include in. plant ge) geologyt lastrumeniofion to safety espects in (b) Eevironmental efects of site 36.The State should beve evaDeble tional er vostricted areas and propereuen and facihty construction on both field and laborstory
- _ mtalimpacts to yo susosin environment and biota: Instrumentstion sumcient to ensure the enreset ed erees from the ent. (c) Environmental effects of use and hsenm's control of materials and to (2)lt le pected that the tete wlB discharge of chemicals and fuels; and tabdate the licensee's measunments.
review. eve te and provide (d) Economic and social effects. a.The State will submit its het of docuents ,ef thou peluedoes. cJaspectione lastrweentation to the NRC for review.
' homewhich be evolueted am: (1) As a minimum.ltems which should Arrangements should be mede for Proposed enes; be inspected orincluded duetag the calibreting such equipment I of psoposed actioon inspecuenof aareniummillshould b. t.aboret . type instrweentetion estivises to be senducted; adhere to the iteme evelveted in the In- should be av oble in a State agency or 18 Pesoodume; plant eefety review.The principe!i ems through a comroercial service which has recommended forinspection are: the capabihty for quantitative and seds. )e Facility organisation legicaleeley. , end, ties-qualiteuve snelysis of redionuclides authertiles, and porosenel\ ha) Adminletration:) Mill circuit. including enF with natural urenturn and its apaciated poh6cedens: X _ _, _ edditions, deletions, or circuit changee: decay chain. primarily: U.234. Ra.228,
/ '3**** **U **S . - Ic) Ascidente/landente: Th.Jao. Pb.310. and Rn.222. in a variety esa safety training (d) part 13 or equivalent requiremente of sample media such as will be di'Maam en ,rev%s one,s - rd - -* --"'
m a a u - efe n re.m m. **
. and meal (f) A mill tour se determine A si@d te reduction from H *N8 8b8088 88d nce wl4 mgulations.and license laboratory analyticalfacilitie shouldbe 01 At aalsting milla, rWm of (31Telhngs treete snanagement in [t tie [in a e a r
. mealto ing data, exposare recorde. eccordence with regulations and license Normal!y. the data should be available beensee su&t and inspection records, cor.ditions (see NRC Reg Guide 3.11.1): within 30 days of submittal State and other records applicab!e to ez; sting (h) Records: acceptabihty of quehty assurance (QA)
(h) Environmentalmonitoring: a rda i ce editions or 10 $,*8'ene 1 rato e hEmergency procedume. CTRTart 20. c. Arrangerments should also be
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- %untaadavironmutal completed so that a large number of
. (m) prNuct transportation: sad le media (n] Site and physical decommissioning gg) y,'
- a me"- samp e in a miety of sam [est can be resulting from a mefor ocu procedures, other than tashnge~
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(1)Treas rt and shipping: *"" '
(e) Employee exposure data and (m)laterna mview and su&t by ***fy
bienny ppgrama. time decisions to be made regarding
- "*8"* Pubhc health and sefety.
b.Envuonmento/ Assessment # 8nd d. Artengements should be made o (n) Exit 1818 (1)The environrnental evolvation **"""
eel'Ineults I**I "'I"'*
of the" in@'on and participate in the f.nvironmente! \
should consist of a detaded and Gn&ngeprotection Agency quahty assurence >
documented evaluation a f the fo!!owing
"* Program br laboram pedmnance.
I'"*: ddIion, the in'opector should (2)
(e)Topograph). .
, gg,;,,,
(b) Geol . (e) Independent surveys nnd as Fn sesei
" and water quality; Y (c)Hy saraphng. \ Pues shoe 12/a/81 t (d)Me (3) Additionalpidance le centained
- s. (a) Background redletio:F in appropriate NRC Mgulatory ' d if) Tailings retenues system: - Inspection guides. A complete
. (g)lateria stabihastion. reclamatica. est Evolustion of Agreement State
- and Site Decommissioning Program: W,,,. e.cr.
, p ,,, Should be performed at nestation Control programe; General (h) Radiological Dose Assessment; Statement of poucy d urotione/ Dole Aeelew (1)Souros terms (1)la addition to the nporting astucv: Nuclear Regulatory (2) Exposum pe&weF Commission.
(3) Dose commitment to individuale re}uirements
,, icense con &tions. seentred bywil!
the licenen the ngulatione (4) Does commitment to populatione submit in wnting to se ngulatory T'
'osc F'
Fmal general statement of (5) Evaluetion of radiologicalimpacta egency Mthin 30 days after January 1 to the pubhc to include a determinetion any:The swuclear Regulatory of comphance with State and Federal and J,uly 1 of each year.reporte,p,g fying the quantity of each of the ission is adopting as a smre,1 regulatione end comparisons with principal radionuclides released to state nt of pohey the recently revised background values enrestricted emes in liquid and la (s) Occupauomal dose " Guide nee for NltC Review of gaseous effluents during the previous sia (7) Radiological impact to biens other months of operetion.This data shall be ^8'"m t State Radiation Control I
Program. We statmut of poheyis
( than men reported in a menner that will permit the being issue
' (8) Radiological monitoring programL regulatory agency to conArm the o. inform the States and the pubbc of the teria and saidehnee PN occupational and operst2onal potential annual redietion doses to the which the Co ineson intends to use in (i) hapects to surface and pubbc. r- its periodic eval tions of Aareement
' groundwater. both quehty and quantityt 2) An des kom the re ' Iand non.rediological environnes Sam Pmsmas.
01 Eavirorunental effects of accidente ansctrve sava:Thi enere! statement and as wul also be ember 4.
meing pTe c,f pohey le effective (k) Evaluation of tauinse management submitted forsame time periods and test.
- ahernatives in terms of reguletaons. frequency.The dets will be reported in (2)The States are encouraged to a menner that wi!! ellow the regulatory son rvatwen gewommario contact:
esamise the need to espand the scope agency to conform the dou to receptors.
Donald A.Nussbaumer. As tant Director for State Agrument e m.
of the usessment into other areas such j as:
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l' es-^o s
- Decern e, n. ms uesui
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