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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, I
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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 Comission Policy Statement (enclosura 1)greema.it are contained in a evaluating a requast for a Section 274b A l
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Enclosures:
ns stated 1
.ji-cc: u/ encl.
R. Lickus, SLO, Region III
Contact:
'D.A. ilussbaumer, X27767 J.0. Lubanau, X293.17 s
Distribution:
4 SA R/F Dir~R/F-j' J0Lubenau, w/ enc 1, DANunbauner, w/ enc 1.
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a 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
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would be competible with that of the pub'.I.06-373 which wee enacted la the NRC.The critene were circuleted e6PR7eas form of a new secues to the Ato.eic among States. Federet egencies. laber s
passamme 1/asts1 Energy Act (Section 274) and approved and industry, and other interested ensee== 1/ss/st by the president on September 23.198g Amended tv Ps eussehed 7/ts/st and amended by pub.L 9b004 groups for comment.
4 The triteria require that the $ tete tes FR 3e969) and 7/21/83 (48 F R approved November 8.1974.nese suhrity consider the total aceumutsted 33378) 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, 448Mef.U1 Nuclear Regulatory la accordance with these statutory each State's radiation protection o
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,g provisione, when en agreement between progrein is not, however. e necessory or acTisse Statemest of pnlict.
e State and the NRC le effected,the appropriate subject for esterage in ime Commission wul discontinue its criterie.Consequendy,the cHierie are eussessar.The Nuclear Reguletory reguletory authority within that State eilent on the quest.en of whehr a State Commleelen has redoed its statement of crer one or more of the following should how a total res:statory pregram splicy ager&'ng cdurh for guldesce d materiale: byproduct meterial es defined covering su sources elradianoa.
inclu6ag " hose not subject to control by
~i States and NRCin 6scr.atinuance of in Se-tion 11e(1)of the Act the NRC under the Atomic Er.ertv Act.
NRC ngulatory authority and tradioisotopu). baroduct material se such as a-reye.redium, accelerators, etc.
assumption of regulatory authority by definedinSection11e(2)of the Act(rrJ11
'. Then nvised cnteria provide for Steles through a ement. Die scuon is tailings or westes), source meterial
. eg inte, sa agreement for a eew to me editorial changes to (utenium and thorium). opecial nuclear 4Werete category of materials, semely.
update the policy etctement le suow material (urenlum 233.weniurn 235 and lew lesel waste materialle permanent 5
t States to ester inte a ments forlow.
plutonium)in quenuties not sufficient to t
jeweg weete only, is geco,pereg g ferra e critical mass and permanent dispecal facilities.Dey else provide 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 Act of ters Adopues of this poucy wit above but not including miu tellings, processing and the westes resuls^$
t.
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 Att of1sts (Pub.l.e6 408) after low leve! weste sites only. AddiuoneUy.
earteficanos by the Governor that the Nore:.ber s. tsst.no redoed criteria these States that meet the criteria for State hee a Program for the sentrol of ein enteln a number d eWal the seguleues d wenium mGlo and sedeHoe heaards adeque4 to protect changes such as changing AEC to NRC t
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 Freedce andow.
by to Lfreelum MiB Toutnes Es6edon by die propend agrument and the 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 be addrened to the Of5ee of State 1.Mediaceues teri-n 27 to 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 Criscias esperate estegory,dditional crlieria for compatible with h Commission's 2.lesluenon of o Program for the regulauon of such gg,,
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 pro 6rera shad be duisned to protect the edl tellings siter November 8.sset.
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 re&stion hasards.
mene the statement current.
$2 ate han snabbrig legislation Defes:This policy statementle effective authorising its Cournc,r to enter into Jfodiotion protection Saenderds '
Jensory 33.1981. -
g'N t*was wm t rei adee.ed a retnar 2
53 j af r 5Pg 8M",8,g'['g",
or e e ry discussions with variove siste officials (l8 we' hington. D.b ac tss. telephone: 301-and other State re;rese".14tives, to Minar ed we.a! naqq eiese made is be sus to s
unen o..se,n er se us oeenream et ggg,77gy, 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
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G s"a===* m""n anw.w m.o. t 1.Deee criterie wue developed to developing a regulatory proram which e
Irnplement a progam. tuthorind by December 31,1985 (reset) '
pS AG.1
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POLICY STATEMENTS t
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 for protection assinst red:stion which The wute dispoul standerde shah requiremente to protect bestth end d
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 PriorEroluotion of Uses of Aodioactire It is lisportant to strh e for uniformity in part et.
Moderials technical deIWuons and te-ninology.
(b)I.end d spoul of weste received 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.
requirements and applicable supporting on,and evaluauon of the potential
- 4. TotolOccupotiese/Ro&ar>0n sections set forth in to CFR Part St.
besards and the capability of the user or 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 competent people are essendalin and maintenance of a specific site must which1here is sufficient knowledge to 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-dairable to achieve uniformity in thou materials and uses which may be.
labels, signs and symbols. and the completely exempt from tegulatory centrols, and those metenals ar.d uses posting thereof. However. it is essential 4
in which sanctions for aususe are that there be uniformity in labels, signs, and symbols afnaed to radioective snainteined without pre-evalueuen of products which are transferred from the inkvidual possession or use.In person to person,
- 10. Atsu/otions Coverning Shipment authorizing research and development F.lutruction. persons working in or of Aodiooctive Materiola. The State or other activities involving multiple 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 risks associated Mth exposure to shipment of radioactive ma tenals. such training and experience. the Siete 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
have the righ to request regulatory Transportetion and other agencies of the use of materials without evaluating each authority inspections as per 10 CFR 19.
United States whose [urisdacu.n over specific use.
c-section 19.16 and to be represented interstate shipment of such materials
- 14. Evoluotion Criterio. In evaluating during inspections as specified in.
necessarily continues. State regulations a proposal to use radioactive matenals, section 19.14 of to CFR 19.
regarding transportation of radioactive the regulatory authority shall determine e.
es Storere. Uceased radioactive materials must be compatible with to the adequecy of the applicant's facihties materialla storage shall be secured CR part FL 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
.and sewet. and bunal in the soil shall be hup records of the receipt and tronafer and regulatory guides for various
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in accordance with 10 CFR Port 20.
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catesones of beensed activities.
Holdere of radiosevve metenal desiring incidents invoN'. c) report significant ng the matenels, as 15.#umon Use.The use of ts6oactwe to release or dispose of quantitjes or concentrations of radioactave meterials prescribed by the regulatory authority:
meteriale and radiation on or in bumens (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 ernployWe exposure to radiation:(e) et L.e:ned physicians) possessing from the appropnate regulate y authority.
request of en employee advise the presenbed minimura, experience in the Requiremente for transfer of weets for employee of his or her annual radiation ese of radioisotopes or radianon.
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,. s u....,.,....m i.
res y u.hunn fn u per e
- 12. AdditionalRequirements and materials shall be subject to inspection YMUI.*cf.".Y.In*.t. **E,7.7 Exemptions. Consistent with the overall by the regu!atory authonry and shall be criterie here enumerated and to subject to the performaoce of testa. es o.
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em. essin
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=,.u.e...peme eccommodate special cases or required by the reguletory authertry.
m.am. twees an e s.i.p.n n. muw.d circumstances. the State regulatory Irrpection and testing is conducted to g
s determine, and to assist in obtmining.
December 31,1985 (reset)
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2 POUCY STATEMENTS
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sempliance with regulatory of evaluefloo and inspectien of all of the SpeciolNuclear Afsterial. Source 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 material and of operation substantial trairdag and extensive Tritium. Nothing In the State's licensed,andit s U be edequate to experience in the field of radiation te datory program shallinterfere with lasure complianc4.
protection. lt is desirable that such a th dutin tmposed on the bolder cf the 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 prodde access to inspectors.
sciences, and specine training.redietion prescribed forros (t) trensfers of special 18.Noaif,cetion of Aesults of prowetion*
nuclear material, source material and 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 compliance.
Inspection.These persons win pe: form not sufhcient to form a critical mass, for 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
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'g'["gg*be siteetions es wen en some which wiU be quantities not exceeding 350 grams of "d **
out of the ordinary.nese persone contamed U-235. uranium 233 in amenable to enforcernent thswegh kgal should here a bachelot's degree or quantmo not exceedmg 200 grams:
sanctaons and the ngulatory authonry
-sciences, training in health physics, and 200 g ams; or any combination of them gg g,g sha'l be equipped or assisted by law with the necessary pevers for prompt h4N Md work M hm e N [de pr pnSte.ad r sYa ve experience in the field of radiation formulafor each kind of special roe es nuclur mate sal.detumine Ge tauo Pmtecum looking tow ord issuance of orders The foreping are considered between the quantity of that special requirms affirmatave action or desirable quahtcations for the staff who nuctor matenal and the quantity suspension or revocation of the righi to willbe res;onsible for the actual specified above for the same kind of possess and use matenels. and the performance of evaluation and special nuc! ear materialThe surs of impoundag of matenals, the obtaining inspection.In addition.there mil such ratios for all of the kinds of special of mjunenve rehef, and the is, posing probably be trainees associated Mth the nuc' ear matenalis combination should g
et 11 or crimu al penaltaes.
r ry pmp & will hate an net escred T (i.e, unity)Jor example, 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 J50 applications for hcenses or willindicate to sorr.e extent their authoruations and inspection of potential role in the regulatory program.
50 (grams U 223),50 (pans Pu),3
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Lcensees must be conducted by persons These trainees. of course. could be used peenssing N training and eaperience 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 a a dfr h red in future Corrunission rule or regulanon.)
d, competency to evaluate various standpoint, for examp!e. Inspection o potential radiolegical haterds industrial gauges, small ruearch umastrer,oa y
a an d agn suc m'
- n. ;...te pra:tices for assunns the fair h.
P g,
g ee and and irrparhal adrainistration of e I o et we e al and in lud s ym[ enc inthNie:d.tjeme concentrations of redioactsve materials,
!d regulatory law, including provision for*
la sit and wster, conditions of shielding, g,
,,,)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
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laboratory design, contamination behelor~e degree or equivalent in the
- E[licabibrytJpWing M duying appbcadens control othat general principles and physical orlife sciences and specific 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 3&cW.inary acuens assinst c.
to evoluete some comples cases.the the foregoing categories proper g;"""
State regulatory staff may need to be consideretion should be given to Arrangemeets forDiscontinulas NRC i
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 To perform the functions involved in meteriale and their uses are so varied agencies will have authorfty for ca
,g 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 physics and engineering and that the person.The regulatory authority should beensing by State sad local authorities, penonnelbeve bed troisiing and have the composite of such skills either and it may be desirable that there be a in its emple'y or at its command. not single or central rebatory authority.
f experience in rsdiaton protection. For only for routine functions, but also for 25 ha.'ing NR cusu and example,the person who willbe Pendng Applications. In effectina the responsible for the octual performance emergency cases.
December 30 M houd PS. AG.3 l
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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.
subcontractor of DOE or NRC when the comments. bhc hearings, and judicial 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.
Aee[procity. An agreement providing forsubcontract. there le adequate legislation.
State should take into assurance ht b work thereunder can account the ervadons of authority to 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 law as-373 and Puclic Law 35-404:
renlum or Thodura Processors and A (' ownership of the yproduct metanal.
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a.3yprodact materials as defined in
- estes Resulting Therefrom Afteg 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 complied with dec&ntamination.
g,,
section11e(2)*of the Act, decommissioning abd reclameuon
- c. Source material; 29 State statutes or duly promulgated standards. and ownyrship requirements
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- d. Special nedser meterials in regulktions should be enacted. if not quantities not sufScient to form a already in place.to make clear State for sius at which byproduct matenalis 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 or Commisalon rules or regulations (UMTRCA1 se foDows:
the Atomic Energy Act(or for any g
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 Section 53(b)(1)(A).
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- A sian een den senos to soeur..e byproduct meterial and its dispose ite 31.lt is preferable that State sietbte:
N N "rNs*dYre*dYs EeUtNr is transferred to the Tederal contain the provisions of Section e ipf the 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 I
the Siste escest for urenwa er $ertum presseeers.
December 31,1985 (reset!
PS AG-4
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POLICY STATEMENTS I
o eria.In any sass, authority for their agency speesment of the propoud experience in radieuon protection
% owe mentation shoald be adeqimiely project le not edequate or apprepriate.
siecessary to evatusta the enginering es ed by statute. regulation or case However,the lead esency may preparc and rs&ological safety espects of a i
g I
etermined by the State Attorney an environmental assessment based uranium concentrator.Currtat 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
estabbehed whichgrevide a written s.When a leed esency le deetsnated.
UhlTRCA.This ausherlacludes the j
analyste of the impact en the that agency shaald coordinate effort for the endronmental assessment i
enversameetof the ing actMty.
prepareties of the statement.The o&er and the in. plant safety review. It also j
His ano shellbe gilable to the associos involved should provide includes the use of esasahants.Wep 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 _- --- _' '. l publ6c he th other agencies inclede the applicable depending en the circumstancee
)
f-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
releuve superties with 9 to b escretary for a aimately 2 s.Camelderation of Iternadves to e esavenuonal and M staf years for i
Essesed ac6vities; and y,,jegg s envireemental egocte.
- d. Consideraties of long-term impacte la order to bring an environmental leaal services for each aseenstested m!!!
J ela-ad acWwhies [m Item SebM essessment to a satisfactory senclusion, case.De impact en environmental Jteyugegian, it is highly acosusended that en initial monitoring labomtary seppert services is d.fficult to estimate but should be scoping document be denloped which sa.Sete msuladone should be urly dehneske &e ma and scope of added into the personnel seguirements.
In addiuen.consideraties abound be mviewed tw mgulatory mquimments.
to be perienmed by each agency sinn to wioue mieuHaneous posk and where necessary incorporate
,g
,,g,,, ig,,
,. gag, bcensing ongoing actidties inclad ng the l
reguletory langvege which la equivalent g,
g,u mu g, g issuance of animor amendenata, i
to the estaat practicable or more ental sesessmer t where the en inspecuens, and endmamental stringent than reguleuons and standards State ca t identify a State a8'n'Y eurveillance. It le estimated that these
- ,i adopted and enforced b the heving s at empertise to adequetely Commi h n a by Seedos mes a mW m 2 i
pe son years effort per bcensed facility IPee less 30 Cf1t 40 and 1(LCFR a
$4 a per year.ee natur W b saw for a 130.31(b)).
provisions for ining outside ma a '
h tie!acuddves OrgenleotionalJteletionsMps WirAin consulting service In those instances n
aheKasses where non. govern atal consultants
[. stinglicense opplications are utilized. procedur should be C) *ehould be established wh!6 will 33.Organiutional relationships estabbshed to avoid coyet of interest the State shall have access to necessary censisant Me Stau law nd provide for na efective reguistory specialities. e.g. radiological sefety.
pngma fw unnium a e and g
,P hydrology geology and dem u ts ec ed for
- "d P'
,",, the pe d
should be developed which their expertise in emergency m ical y
matters.such as the Oak Ridge a qualineations listed in the *Cuide for i
ebow the menegement organizauen and Hanford National Laboratones, re ting Evaluation of State Radiation Control knee of authertry.This chartabould to the intake or uranium andits programs." Revision 3. February 1.19e0, define the speci$c lines of supervision dia;nosis thereof associated with h mgdatory awHinvolud in b from program management within the f*
redieuon control group and any other -
uranium mining and milling should be mgdswy pmcen Wdieuos) abodd e
ed e availa e to the State for departseest within the State responsible g
g During the budget prepare' on.the ce and Envitcamental u
asuan n :
1 of State should allow for funding costs g
,g g tailings.When other State esencies or incurred by the use of consuhants. In gggg regional offices are utihned. the i.nes of ad& tion. consuhants should be control between the esencies and/or avallable for any em neles which ye a year numbers. If other egencies communication and administroUve 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 claimed se a esary to successfuUy pereennel trem other State Departments 34 penennelneededin h ing or7edalagencin in papering es c,f the kanse apphcados can comply with mquirements of UMTRCA and se criteria.De seversaments! assessment abould identified or arouped according to the designate e lead esency for superWaint fahwing skiiloTdadcal; arrangements for sking such resources and coord nating properaties of this Adrainistrative; and Support.
aveilable shall be umented, such as envirorumental assessment itis
- a. Administrative personnel are those an laterogency memo adum of normsDy arpected that the radistion p,.ans who will provide laternal onderstanding and to ed by control in Agreement States wlO
- g. Yes rIt reemoranda. reviews and budgetary sost centers.
Eto h*Mg(*.*;hg^,*h****a*g'*##*cUon. '
fanetsons Gmraf the e les c'y reg g
ss.The States should devel pecpare the environmental asusement-Support personnel are those persone Utihaation of an appheant's who provide secretarial, clerical procedures for licensing. inspec n.and enr.ronmentalsport in Seu of a lesd support. legal, and laboretory services.
preparation of envirotsental assessments.
Technical penonnel are those
- nu - 6 m h4a.i wh>pered individuals who heve the trainias and
- a. Licensing b P"8'd b' P** ""
(1)Ucensing evelsetions or 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
) Facility organisation end, ties-recommended forinspection are:
the capabihty for quantitative and seds. legicaleeley.,
qualiteuve snelysis of redionuclides ha) Adminletration:) Mill circuit. including enF apaciated with natural urenturn and its e
authertiles, and porosenel\\
/
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 m a a u - efe n re.m m.
di'Maam en,rev%s one,s
- rd - -* --"'
si@d te reduction from and meal (f) A mill tour se determine A
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)
$,*8' (h) Environmentalmonitoring:
a rda i ce editions or 10 ene 1
rato e hEmergency procedume.
CTRTart 20.
- c. Arrangerments should also be
- %untaadavironmutal completed so that a large number of
}
(m) prNuct transportation: sad le media (n] Site and physical decommissioning gg) y,'
- samp e in a miety of sam [est can be a me"-
resulting from a mefor ocu procedures, other than tashnge~
(1)Treas rt and shipping:
I"'.""""
- fy decisions to be made regarding (e) Employee exposure data and (m)laterna mview and su&t by time bienny ppgrama.
- "*8"*
Pubhc health and sefety.
b.Envuonmento/ Assessment (n) Exit 1818
- 8nd
- d. Artengements should be made o (1)The environrnental evolvation ee neults of the in@'on and Gn&ngeparticipate in the f.nvironmente!
\\
l'I I**I "'I"'* "
should consist of a detaded and protection Agency quahty assurence documented evaluation a f the fo!!owing ddIion, the in'opector should Program br laboram pedmnance.
I'"*:
(2)
(e)Topograph).
, gg,;,,,
(b) Geol (e) Independent surveys nnd as Fn sesei Y
(c)Hy and water quality; saraphng.
\\
t (d)Me (3) Additionalpidance le centained Pues shoe 12/a/81 s.
(a) Background redletio:F in appropriate NRC Mgulatory ' d if) Tailings retenues system: -
Inspection guides. A complete est Evolustion of Agreement State
. (g)lateria stabihastion. reclamatica.
W,. e.cr. Should be performed at nestation Control programe; General and Site Decommissioning Program:
,,, p,,,
(h) Radiological Dose Assessment; d urotione/ Dole Aeelew Statement of poucy (1)Souros terms (1)la addition to the nporting astucv: Nuclear Regulatory re}uirements seentred by the ngulatione (2) Exposum pe&weF Commission.
(3) Dose commitment to individuale
,, icense con &tions. the licenen wil!
(4) Does commitment to populatione submit in wnting to se ngulatory T' 'osc Fmal general statement of F'
(5) Evaluetion of radiologicalimpacta egency Mthin 30 days after January 1 to the pubhc to include a determinetion and J,uly 1 of each year.reporte,p,g fying the quantity of each of the any:The swuclear Regulatory of comphance with State and Federal regulatione end comparisons with principal radionuclides released to ission is adopting as a smre,1 state nt of pohey the recently revised background values enrestricted emes in liquid and la
" Guide nee for NltC Review of (s) Occupauomal dose gaseous effluents during the previous sia
^8'"m t State Radiation Control I
(7) Radiological impact to biens other months of operetion.This data shall be Program. We statmut of poheyis
(
than men reported in a menner that will permit the being issue
- o. inform the States and the (8) Radiological monitoring programL regulatory agency to conArm 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.
' groundwater. both quehty and quantityt
- 2) An des kom the re '
Iand its periodic eval tions of Aareement r-Sam Pmsmas.
01 Eavirorunental effects of accidente non.rediological environnes ansctrve sava:Thi enere! statement as wul also be and meing pTe same time periods and c,f pohey le effective ember 4.
(k) Evaluation of tauinse management submitted for 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:
Donald A.Nussbaumer. As tant esamise the need to espand the scope agency to conform the dou to receptors.
of the usessment into other areas such Director for State Agrument e m.
j as:
I i
l' es-^o s Decern e, n. ms uesui c__,..,_
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