ML20238B413
| ML20238B413 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 05/21/1987 |
| From: | NRC |
| To: | |
| References | |
| OL-5-A-018, OL-5-A-18, NUDOCS 8709010207 | |
| Download: ML20238B413 (11) | |
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Federal Register / Vol. 48. No.189 / Wednesday. Septem'ver 28,1983 / K6Ss did'l{egulqtion(()
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~~
FEDERAL EMERGENCY number of actions in the area of thereoh. hich cadshs oh ma. c$use MANAGEMENT AGENCY emergency planning and preparedness.
substantialinjury or harm to the Among other assignments, the President population or substantial damege to or
(
44 CFR Part 350 directed FEMA to:
(Docket No. FDIA THD-35011 (1) Take the lead in offsite loss of property.This definition clearly encompasses an accident at a
[ radiological emergency planning and commercial nuclear power facil!'y.
,a Review and Approval of State and responsei Under Section 201 of the Disaster Local Radiological Emergency Flans p) Development and issue an updated Relief Act of 1974 (42 U.S.C. 5131), the and Preparedness series of lFederalj interagency Director is to establish a program of ass gnments which delineate respective AGENCY: Federal Emergency agency capabilities and responsibilities disaster preparedness which includes, i
Managerrent Agency (FEMA).
and clearly define procedures for among other matters. preparation of j
Acnorc Final rule.
cwrdination and direction for both disaster preparedness plans for warning.
4 emergency planning and response-emergency operations, training and i
SUMMARY
- This rule establishes policy (3) Address the need for improved exercises and coordination of Federal.
and procedures for review and approval advance preparation for emergencies State and local programs. Further, the by the Federal Emergency Management and public education programs in the Directoris to provide technical Agency (FEMA) of State and local context of State emergency response assistance and grants to States in emergency plans and preparedness for plans-developing comprehensive plans and copmg with the offsite effects of in compliance with ths directive to take practical programs for preparation radiological emergencies which may the lead in offsite emergency planning against disasters.The technical ccctir at commercial nuclear power and to issue interagency assignments.
ast.istance and grant program provided facilities. The rule does not cover other FEMA published on March 11.1982.
under this authority may be used by Nuclear Regulatory Cemmission (NRC) interagency assignments in 44 CFR 351 States for planning and preparedness '
licensed facilities nor United States (45 FR 10758). These assignments activities related tu commercial nuclear Covernment-owned. non-licensed replace assignments set out in a Notice power plant accidents.
nuclear facilities. The rule sets out published in the Federal Register on Some of FEMA's predecessor criteria which will be used by FEMA in December 24.1975. (40 FR 59494). They agencies, as well as NRC have been reviewing, evaluating and approving provide for Federalinteragency involved in planning for radiological plans and preparedness. It specifies how assistance to State and local emergencies at commercial nuclear and where a State may submit plans. It governments in their radiological power facilities for some years. These describes certain processes by which emergency planning and preparedness activities were voluntary, as neither FEMA makes findings and activities. Federal agency Federal law nor regulations required determinations as to the adequacy of State and local plans and the capability respcasibilities for responding to a States or local governments to have radiological accident are outimed in the peacetime nuclear emergency plans. nor of State and local governments to National Radiological Emergency required States with plans to test those effectively implement these plans and Preparedness / Response Plan for plans.
preparedness measures for specific Commercial Nuclear Power Plant The Atomic Energy Commission sites. Such findings and determinat.ons Accidents (Master Plan] (45 FR 84910).
(AEC1. later NRC. implemented a non-ano where appropriate. plan approvals.
This ' Master Plan will be superseded statutory program of planning and are to be submitted to the Governors of the affected States and to the NRC for by the Federal Radiological Emergency ass stance to the States which included:
Response Plan (FFERP) when it is the formation of a FederalInteragency its use in licen::ing proceedings. This published (prolected for December 1983) Central Coordinating Committee rt.le was promulgated in proposed form m the Federal Register as an interim
[FICCC) (now the Federal Radiological on June 24.1980 (45 FR 4:321) and rule. The FRERP will become the Preparedness Coordinating Committee August 191982 (47 FR 36386) for public Federal plan for coordianting and (FRPCC) under the chairmanship of comment and interim use. This rule managmg the Federal response to all FEMA): the preparation and issuance of reflects comments received on the types of radiological accidents mcluding the Guide and Check /istfor proposed rule pubbshed on August 19.
those occurring at licensed commerctal Development andEvaluation ofState 1982.
nuclear power plants.
andLoca/ Government Radm/ogica/
effective October 28.1983.
Basis for FEMA Assignment EmergencyResponse Plans in Support EFFECTIVE OATE: This regulation is of fixedNuclear facilities, reissued as FOR FURTHER INFORM ATION CONTACT:
The Director. FEMA. pursuant to IsUREG-75/111: and the formation of Marshall E. Sanders. Chief. Program Reorganization Plan No. 3 of 1978 and subcommittees on training and exercises Development Branch. Technological Esecutive Order 12148 of July 20,1979, and emergency iratrumentation. The Hazards Division. Federal Emergency establishes policies for, and coordinates Office of Emergency Preparedness Management Agency. 500 C Street. SW..
civil emergency planning. management.
(OEP) later the Federal Preparedness
%shmgton. D C. 20472 (Teleptm 202/
mitigation and assistance functions of Agency (EPA). and now FEMA. issued 287-0179).
Executive agencies. The Director, descriptions of agency assignments. In FEMA. represents the President in January 1973, the OEP issued a supecEutwTARY NFoRMATiOec working with State and local statement which designated the AEC as I' residential Assignments governments and the private sector'to lead agency.
On December 7.1979, the President. in stimulate vigorous participation in civil On Decc:nber 24.1975, the FPA issued response to the recommendations of the emergency preparedness. m!ti ation.
a revised and updated Federal Register 6
President's Commission on the Accilent resporte and recovery programs.
Notice (40 FR 59494). Lead agency at Three Mile Island (known as the The term " civil emergency"is defined
. responsibility for " reviewing and Kemeny Commission!. announced, in in 2-203 of ExecuEve Order 12148 to concurring in State radiological include any accidental. natural, man.
part. a series of decisions and took a emergency response plans." was caused or wartime emergency or threat assigned to the NRC and the planning
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9 Fad:ral Radst:r / Vol 43. No.189 / Wednesday. September 28, 1983 / Rules and Regulations 44?.D g
assistance was expanded to include report was submitted to the President on guidance provides a basis for NRC -
transportation of radio-active materials.
June 30,1980.)
licensees and State and local NRC also issued guidance in a (3) Complete, as soon as possible. the governments to develop radiologiceN N Handbook forFedem/ Assistance to review of State and local eniergency emergency plans and improve State ondlocalGovernments in plans in those States with plants emergency preparedness associated i
Radiologico/EmergencyResponse scheduled for operation in the near
~ with nuclear power facilities. The Flonning-NUREG-0093 June 1.1976-future. (This review is included in the document combines the guidance to I
revised Jan.uary 1979. applicable to other June 30,1980. Report to the President.)
State and local governments with the g
Federal agencies. The number of (4) hiske findings and determinations guidance to :he bcensees of NRC and
?
ir.volved agencies that acreed to the as to whethsr State and local emergency supersedes previous guidance and 1
assignments increased from five to plans are adequate and capable of cnte:ia published by FEhiA and NRC. It
,14 seven.These included the implementation (e.g., adequacy and (is also intended for use by Federal
.)!
Environmental Protection Agency (EPA); maintenance of procedures, training.
' officials in reviewing and assesssing the
- c the Department of Health. Education resources, staffing levels and adequacy of State local and nuclear 1
and Welfare, now the Department of qualifications and equipment s
Health and Human Services: the adequacy).
power facility operator emergency plans and preparedness. NUREC 0654/ FEMA-e
(
Defense Civil Preparedness Agency and (5) Assume responsibility for REP-1, Rev.1 contains a series of the Federal Disaster Assistance
' emergency preparedness training of g
Administration, whose functions have State and local officials.
planning standards (which are part of now been transferred to FEMA: the (6) Develop and issue an updated this rule) and a listing of specific criteria 4
Department of Transportation: the series of (Federal l interagency for preparation and evaluation of the g..
Energy Research and Development assignments which would delineate planning and preparedness activities of f
Administration. now the Department of respective agency capabilities and State and local governments as well as of the licensees of NRC.
Energy; and the Nuclear Regul. tory responsibilities and define procedures Commission.
for coordination and direction for This rule is !ntended to be consistent i
t This interagency process. with NRC emergency planiling and response.
with the NRC emergency p!anning rule as lead agency, continued for the next \\ IThese are described in 44 CFR 351 (47
[10 CFR Parts 50 (Appendix E) and 70, as 2
few years.The NRC established a FR 10758 March 11.1982).]
amended].
J program of voluntary concurrence and IhcERC responsibihtes under_the The NRC will base its findings on a y
concurred m several State plans. The MOU are to:
review of FEMA fmdings and 4
accident at the Three Mile Island (1) Assess licensee emergency plans determinations as to whether State and y
nuclear power facility, which occurred for edequacy.
local plans are adequate and capable of f
on March 28,1979, caused a major (2) % erify that lic being implemented. Tha w@ tion _
y rethinking of emergency planning and plans are adequate,ensee emergency ry implemented (e.g" described in this part addresses FEMA's I
preparedness by the NRC and other adequacy and maintenan::e of r'sviewJunction. NRC retains ov
-q agencies. The accident led to the procedures, training resources, staffing esp,93sihility for ma,
~
Presidentist actions.
adequacy). qualifications and equipment undeti,ts enabling Feg_ king decis Kemeny Commission Report and the levels and ulation la determmmg whether licenses should be To imnlementthe President's (3) Review the FEMA findings and issuefotopeJdoniscspended.
j e
assignmentAc NRC and FF31A signed determinations on the adequacy and This regubtion describes a procedure 7
a Memorandum of_ Understanding capability of implementation of State by which FEMA reviews and assesses (MOU) on January 4.1980, describing arul local plans.
Stp nnd !valemergency plans and each agency's responsibilities in (4) Make decisions on the overal]
preparedness to deal with a railiological i
preparing for emergencies at nuclear st ate of emergency preparedness (i.e emergency and " approves" such plans.
facilities and related activities (45 FR integration of emergen::y preparedness Further FEMA may use the data sfdILThis MOU was revised and' ~
onsite, as determined by the NRC, and obtained in its approval process to updated on November 1.1980. (GER offsite, as determined by FEMA and support its findings in NRC licensing 82213L reviewed by NRC) and issuance of proceedings ard any related court The terms of the MOU apply to operating licenses or (orders for )
actions.
emergency preparedness for all shutdown of operating reactors.
Insofar as FEMA is concerned, there commerc:al nuclear power plants, Thus. the lead for review of the is no legal requirement that a State or certain nuclear fuel cycle facihties and adequacy of offsite emergency plans local government submit its plan to nuclear material licensees whose and their capability of implementation FEMA for review, and FEMA's failure to operations have a potential for has been assigned to FEMA and there is approve such plan is not accompanied significant accidental offsite releases of no longer an NRC voluntary concurrence by any sanction or rcfusal to accord a radiation. However, the parties intended program for State emergency plans. The rbenefit Insofar as the procedu that the initial progam emphasis be previous NRC " concurrences" do not
, have economic. environmental or legal J
placed on emerpncy preparedness at satisfy all the requirements for FEMA coHsWtiesces or impact. these result commercial nuclear power plants. the approval of State and local plans under from NRC action on its rule and from the focus of this rule.
this regulation.
role whichfEMA. plays because of the FEMA's responsibilities under the
_FDLDLIGiRWS, findings and MOU in the NRC licensing process. NRC MOU are to:
determinations will be based upon (1) Take the lead in offsite guicfance loihily issued by FEMA and has. in connection with its rule, adopted a " Finding of No Significant Impact" and
[ radiological emergency planning and NRC eEtitleTCdtenjafor Preparation has made an environmental assessment.
review and assess State and local and Ercluation o[ Radiological The NRC assessment addresses the emergency plans for adequacy.
Errhesanseficns and subject of cost, and it is clear from the 2
(2) Complete. by June 1980. the review Preparedness in Support ofNuclear cost data related to cffsite planning H of State and local emergency plans in P5iie7flanjsEUREC4654/ FEMA-preparedness that this FEMA rule i:
those States with operatmg reactors. (A REP _-1. Rev.1, Nove_mber.1980). This a significant regulation requiring a j
t 7 44334 Fsdsral Registtr / Vol. 48. No.189 / Wednesday September 28 1983 / R lu es and Regulations regulatory analysis under Executive Order 12231. Further, this rulemaking re54/ FEMA-REP-1. Rev.1 to notifying
\\
proceeding was initiated prior to soluntary organizations when incidents for the FEMA Regional Offices in the January 1,1981, and thus is not subject ecm. Also, as voluntary organizations form of manuals or guides should be to the requirements of the Regulatory aimost always provide important developed for consistently applying the Flexibility Act for regulatory flexibility services in emergency situations.
exercise criteria. [Section 350.5) procedures should be developed by Discussion:The argument is made analysis.
An environmental assessment has State and local governments for alerting that while it may be possible to review been preparedin which FEMA has and notifying such organizations.
and evaluate plans per NUREG-0654/
i determined that this rule will not have a Responsu While neither the rule. 44 FEMA-REP-1. Rev.1. It is difficult to use significant impact on the quahty of the CFR Part 350, nor NUREG-0654/ FEMA-this guidance to evaluate exercises. The g
human environment.
REP-1. Rev.1 [ guidance document) application cf criteria, as set forth in specifically address notification of emergency response plans, in an Comments and FEMA's Response voluntary organizations, notification of exercise will be subject to considerr.ble Comments on the proposed rule such or8anizatione is strongly implied in variation depending on the response published on August 19.1932 were the guidance document in Section E.2. as actions required by the exeretss received from 31 organizations. These it states:"Each organization shall scenario. Therefore a different set of 3
comments were received from State and establish procedures for alerting.
criterie and evaluation approach is t
local governments. Federal agencies.
notifylng and mobilizing energenc needed hr evaluating exercises citizen groups and organizauons response personnel." The phrase. y consistenth by all FEMA Regions.
representing utility companies. The
" emergency response personnel."is Rerponse FEMA believes this sis:nificant comments received and used in a generic sms to refer to all
.recoramendation deserves consideration FEMA's responses are highlighted pertinent organizations which may have to determine if a different set of criteria below. Emphasis was given to new a significant role in responding to an is needed for evaluating exercises or if cuncerns not previously addressed m, incident. As Section E.2. of the guidance only specialguidance is needed for" the comments section of the August 19 document encompasses procedures for applying the existing criteria to g
1982. proposed rule.
notifying volritary organizations. FEMA exercises. This matter will be addressed (1) Comment The planning criten,a m, does not believe it is necessary to add within the context of the review and NUREG-0654/ FEMA-REP-1.Rev.1 specific language to address this revision of NUREG-0654/ FEMA-REP-1.
should not be mandatory. (Section 350.5) recommendation. Also, a review of some g,y, 3 Discussion: Recommendations wereState and local emergency response (5) Comment FEMA should ~ exercise made that the planning criteria in plans revealed that all of them had its authority to resolve.
~
NUREG454/ FEMA-REP 1. Rev.1 incorporated references to notifying interjurisdictional disputes associated should nat be required for spe c:fic voluntary organizations such as with the determination of Emergency iraplementation but rather should be the American Red Cross. It is FEMA sPlanning Zone (EPZ) boundaries and the regarded as one option for meetin8 judgment that this recommendation submission oIpIans. (Section 3503) planning and preparedness deserves special emphasis in the form of Discussiew The respondents are
}
requirements: or alternately, the a guidance memorandum to make su,re essjng two types of p!anning standards should remain as that State andlocal overnments mterjunsdictioaal concerns: (1) The mandatory requirements and the develop procedures for notifying precise delineation of EPZ boundaries specific planning criteria should be voluntary organizations.
inv es c ntextual determinations as to made optjanal.
(3) Comment: FEMA should use whether or not certam junsdictional Response: The specific criteria in different language throughout the rule to areas or facilities should NUREG454/ FEMA-REP-1. Rev.1 reflect both FEMA's and States' proper a specific EPZ. (2) FEMA,be included m, have been carefully developed and relationship to local governments.
sapproval represent the best standardized means Specifically, the words, "should."
process for State and local government for establishing adequate preparedness.
"shall." and "will" need to be replaced plannipg and preparedness is site While there may be other options and by the phrases. "are encouraged to" or specific, i.e.. it is necessary for all State cnteria that could be used. these criteria"are requested to."(Affects many and local government emergency have been generally well received and sections in rule).
resp nse plans to be submitted to FEMA remain in our judgment the specific Discussion:This recommendation is before approval can be given to any one guidance that will as*ure optimum made on the basis that neither FEMA of these plans Because of this site-preparedness. For this reason, the nor states can mandate any actions to specific approach, coordinated submittal of plans is necessary for FEMA's timely planning standards along with the local governments, except under specific emergenc review and evaluation of plans. Also the criteria remain operative as the basis for language,y powers. Changing the as indicated, would reflect the coordinated submission of plans for reviewing, evaluating and approving State and local emergency plans and proper role of both FEMA and States Elven sites is an important factor l'
preparedness.
with local governments..
impecting FEMA's scheduling of plans Response: Once State and local review and evaluation per the NRC's (0) Comment: A recommendation was made that specific procedures be governments submit their plans to
- 1. censing process.
developed and included in this rule for FEMA for review and evaluation. State Response:The current language in the alerting voluntary organizations such as
'an.1 local governments are required to rule supports the resolution of the American Red Cross and citizenconform to the provisions of our rule:
interiurisdictionalissues through a band (CB) groups when significant therefore, the present language reflects negctiated process involving four incidents occur at comrnercial nuclear the proper FEMA relationship to both parties-State and local governments, power plants. (Section 350.51 State and local governments, the utilities and Federal agencies (FEMA Discussion:This recommendation was (4) Comment: Separate criteria should and NRC). FEMA believes it is in the made as there are no specific references be developed for reviewing and best interest of all concerned parties to either in 44 CFR Part 350 or NUREG-evaluating exercises in addition to provide for a resolution of criteria for plans review. Also. guidance interjurisdictional concerns through such a negotiated process. Also. with
i I
l Federal Register / Vol. 48. No.189 / Wednesday, September 28, 1983 / Rules and Regulations 4433D - l l
1 regard to the submission of plans. FEMA such a statement constitutes an " insult meetings more meanini n the language' i
has no authority to maradate the timing to State emergency capabilities."
in the rule hu been revised in order to d
of submission of plans from State and Response: This statement does not have public meetings held after the jI local governments. These governmental require any additional burdens on the initial exercise. Thus. in addition to 1) entities are aware of the need for States that do not already exist as the discussions on the emergency response
- l synchronizing their plannmg and statement reDects the responsibility of plans, the opportunity is provided to the preparedness activities with both Governors and their designeted officials. public to also discuss the exercise.
FEMNs review process and the NRC's which is to protect the health and safety (10) Comment: FEMA recelud' 4
licensmg schedule.
of their citizens. Also. this statement comments from 20 organizations on the i
(6) Comment: State and local provides assurance to Federal reviewers governments should provide rationales that the State has applied its best effort proposed language (provided soley for for determining EPZ boundaries and for to producing an adequate plan.
public comtnent) or. exercise frequency in j 350.9(c) of this rule as published on excluding urban aregs and major (8) Comment: FEMA should adopt a August 19,1982. In this proposed 1
facihties within 20 miles af ower formal re view time period for the plants, within the plume exposure Regional Director's review of State and language. FEMA provided language pathway EPZ.
local government plans, such as a 45-supporting a change from the annual to Discussion: While cnteria are day peric.d from receipt of plans.
the biennial (every two years) exercise rrovided m Section 3501(b) for (Secti n 350.111 frecuency and related exercise h
provisions.
I determmmg EPZ boundanes, there is no Disassion: This recommendation was requirement in this rule that State and ade in crder to afford State and local Discussion: Of the ::0 organizations l
local governments proside wntten governments an opportunity to beta:t which commented on the proposed i
statements explainmg how the criteria schedule and manage their planning and exercise language.12 organization;is were apphed for each power plant. The preparedness activities. Estabbshing a recommended the adoption of the recoramendation is made. therefore that specific une frame for the Regional biennial exercise frequency and eight FEMA should require such Director's review and evaluation would organizations recommended retaining documentahon and rationales within enable State and local governments t the existing annual exercise p
that plans.
schedule activities subsequent and requirement.
Response:In app!vmg the enteria of related to the Regional Director s Response:In this final rule. FEMA has l
Section 3505 for boundary na hon d Geir plans.
changed the exercise frequency language from an annual to a biennial determinations. local conliions such as N####"##; ^ 'P*'III' I'** I'"** I #
na mr ws wt requirement as stated in i 350.9(c)(1)-
demography, topography, land characteristics. access routes and local rec mmended because of the many (4). FEMA believes that some relaxation
{
jurisdictions are accounted for resulting variables invol ed in securing and in exercise frequency is appropriate at m de facto jusufication. It is the evalu ting plans. Some of these this time because of the experience ga ned by State aad lccal governments intention of this section to encourage the 7 ***""pgs hadng aH m this and other exercise activity, as I
v a c
m exercise of local planning responsibility.
well as response to actual emergencies.
Ament and decisionmaking. In addition, the 10-mile plume exposure f((r ret the.n In addition. reducing the overall number rma t and r t ials i exercises held should result in higher pthaay EPZ boundary. as presented in UREC 0654/ FEMA-REP-1 Rev.1 and submitted. Absence rf an imposed time quJty performance and greater reflected m this rule USection 3501(b)).
period gives the Regiona! Director emphasis on areas needing improvement was formulated on tne technical Dexibility in working w.th the State to in those exercises that are held.
f plannmg basis determin.nons inherent produce an e.;ceptable plan and related List of Subjects in 44 CFR Part 350 f
j withm NUREG-0396 EPA 520/1-76-016 preparedness. This is the objective of i
I,P.cnnmg Fcsis for the Development of the process. which should be done m a Nuclear pcwer plants and reactors, i
Nate cnd Locc! Covernment timely fashion but not constrained by a R di ti n protection.
R.:lolegica! Emeyency Resjaon" rigid schedule.
Accordingly. Part 350 is added to i
P/cns m Suppmt oMight it'cter Nuclece
[9) Comment: FEMA should consider Subchapter E of Chapter L Title 44 Code Pm er P!cnts. December 1970) which either making public meetings an of Federal Regulations. as follows:
was adopted by the Environmental optional requirement or not requirmg Protection Agency the NRC and FEMA-them at all. (Section 350.10)
PART 350-REVIEW AND APPROVAL p
On the basis, then, of the consensus as Discussion:The respnndent points out OF STATE AND LOCAL stated in NL' REG-0396, it has been that many public meetings are poorly RADIOLOGICAL EMERGENCY PLANS determined that there is no need for attended and that this fact is evidence AND PREPAREDNESS f
State and local governments to that these meetings often do not serve any useful purpose for the citizens wh h1 undertake planning and preparedness Purpose.
beyond this 10-m:le perimeter.
hs e in the vicmity of the plant.
30.2 Defmmons.
Response: Despite the deficiencies of Therefore. there is no need to require public meetings as evidenced by poor 350.3 Ba ckground.
State and local governments to 350 4 Exclusions.
.g f attendance in some cases. FEMA duermmations to a distance of 20 miles.
believes that it is essential to provide an 350 s Criteria for review and approval of
'l document plume esposure pathway EPZ sta te and local radiological emergency (7) Comment. FEMA should not opportunity to the public living around plans and preparedness.
.I or near a nuclear power plant to be 350 6 Assistance in development of State
.I require a statement from the State that the plans provide an adequate basis for mformed about specific emergency and locet plans.
response plans and preparedness as 35a7 Apphcan n by state for review and j
protecting the public health and safety well as to discuss specific concerns with N. tIa"1 FEMA action on State plan.
of its citizens. [Section 3501(d)).
respons:ble officials. Therefore. the 350 8 D.scusen. According to the pubhc meeting requirement should be 350.9 Exercises.
'i 25alo Pabhc meetma in ads ance of FEMA il respondent. requ:rine States to proude retamed. Also in order to make pubhc appro u!.
l J
l 44336 Fadsral Register / Vol. 4a. No.189 / Wednesday. September
~(
28, 1983 / Rules and Reg l tiu a ons s
Sec. 350.11 Action by FEMA Regional Director.
exposure could range from hours to to develop and implement plans and 350.12 FDtA fleadquarters review and months.
programs of disaster preparedness, (J)Pu// participation refers to an 3s0.1 thdrawalof approvet.
exercise in which: (1) State snd local (c)Therr are two sections in the 350.14 Amendment to State plans.
government emergency personnel are NRC's fiscal year 1982/1983 350.15 Appeal procedures Authority: 42 USC. 5131. 52o1,50 U.S.C.
engaged in sufficient numbers to verify Appropriation Authorization Pub. L 97-App. 2253(A Sec.109, pub. L 90-295:
the capability to respond to the actions 415) that pertain to the scope (of this Reorgamzation Plan No. 3 of 197813 CFR 19'8 requated by the accident scenario; (2)
(1) Section 5 provides for the issuance of Comp. 329); E.O.12127 (44 FR 193n71: and the integrated capability to adequately an operating license for a commercial E.O.12148 (44 FH 43239).
assess and respond to an accident at a nuclear power plant by the NRC if it is determined that there exists a State.
commercial nuclear power plant is 1 350.1 Purpose.
tested; and (3) the implementation of the local or utility plan which provides The purpose of the regulation m this observable portions of State and/or assurance that public health and safety part is to establish policy and I calplans is tested.
is not endappered by the operation of procedures for review and approval by (k) PartialParticipation refers to the the facility.This section would allow the the Federal Emergency Management '
Agency (FEMA) of State and locaj engagement of State and local NRC to issue an operating license for government emergency personnel in an such plants without FEMA. approved State and local government plans. (2) emergency plans and preparedness for exercise sufficient to ad3quately test the offsite effects of a rhJiological direction and control functicns for Section 11 provides for the issuance of emergency which may occur at a temporary licenses for operating a commercial nuclear power facilitv.
protective action decisionmaking related utilization facility at a specific pow to emergency action levels and Review and approval of these pidns and communication capabilities among Commission pending Imal action by the level to be determined by the,
l preparedness involves preparation of affected State and local governments findings and determinations of the and the licensee, Commission on the application.Also.
adequacy of the plans and capabihties (1) Remedio/ Exercise is one that teststhis section authorizes the NRC to issue of State and local governments to deficiencies of previous joint exercise temporary operating licenses for these effectively implement the plans.
that are considered significant enough to facilities without the compleuon required (NRC) Commission hearing I 350.2 Dennitr.ons.
impact on the public health and safety.
process. A petition for such a temporary As used in t terms are defm, his part, the followmg (m)LocalGovernmer! refers in ed:
boroughs, cities. counties, license may not be filed until certein fa) Director means the Director, municipalities, parishes, towns, actions are completed including the FEMA. or designee; townships and other local jurisdictions submission of a State. local or utility (b) RegionalDirector means a within the plume exposure pathway EPZ emergency response plan for the facility.
(d) To carry out these responsibilities.
Regional Director of FEMA. or designee:
when any of these entitles has specific FEMA is engaged in a cooperative effort (c) Associate Director means the roles n emergency planning and Associate Director. State and Local preparedness in the EPZ.
with Pate and local governments md other Federal agencies in the Programs and Support. FEMA. cr (n) Site refers to the location at whichdevelopment of State and local plans
- 8'8""*;
there is one or more commercial nuclear and preparedness to cope with the (d) FEM 4 means the Federal power plants. A nuclear power plant is offsite effects resulting from radiological Emergency Management Agency;.
synonymous with a nuclear power emergencies at commercial nucleer (e)NRCmeans the Nuclear
- facility, 1
Regulatory Commission:
power facihties. FEMA is currently 9 350.3 Background.
developing the Federal Radiological 1
(f) EPZ means Emergency Planmng f
I (a40n December ? 1979, the President Emergency Responsa Plan (FRERPl.
Zone.
l
[g) Emegency Planning Zone fEPZ/ is directed the Director of FEMA to take which will provide the overall support to a gereric area around a commercial the lead in State and local emergency State and local governments, for all nuclear facdity used to assist in offsite planning and preparedness activities types of radiologicalincidents includmg emergency planning and the with respect to nuclear power facilities.
those occurring at nuclear power plants.
The FRERP, when published (projected development of a significant response This included a review of the existing luse. Fur commercial nuclear power emergency plans both in States with for December 1983), in the Federal '
plants. EPZs of about 10 and 50 miles operating reactors and those with plants Register as an interim rule will replace are delineated for the plume and scheduled for operation in the near the National Radiological Emergency future.
Preparedness / Response Plan for ingestion exposure pathways respectively.
(b) This assignment was given to Commercial Nuclear Power Plant Plan was p(romulgated by FEMA (h) Plume Exposure Pathway refers to FEMA because ofits responsibilities w hole body external exposure to gamma under Executive Order 12148 to radiation from the plume and from establish Federal policies for and December 23.1980 (45 FR 84910),
deposited materials and inhalation coordinate civil emergency planning.
(e) FEMA has entered into a exposure from the passing radioactive management and assistance functions Memorandum of Understanding (MOU) plume. The duration of primary and to represent the President in with the NRC to which it will furnish esposures could range in length from working with State and local assessments, findings and hours to days.
governments and the private sector to determinations as to whether State and (i) Ingestion Erposure Pathway refers stirnulate vigorous participation in ci lccal emergency plans and preparedness to exposure primarily from ingeshon of emergency preparedness programs. vil are adequate and continue to be capable water or foods such as milk and fresh Under Section 201 of the Disaster Relief of implementation (e.g., ade wgetables that have been contammated Act of 1974 (42 U.S.C. 5131), and other maintenance of procedures.quacy and training-with radiation.The duration of primary statutory functions. the Director of resources, staffing levels and qualification and equipment adequacy),
FEMA is charged with the responsib:lity These findings and determinations will l ?
t.
4 Fed:ral Registar / Vol. 48. No.189 / Wednesday September 2.8. 1983 / Rules and Regulations' 44J3/
4 e
Y be used by NRC under its own rules in the capabihties of State and local response organizations to emergency,
connection with its licensing and governtnents to implement them. Both personnel and to the public.
g regulatory requirements and FEMA will the planning and preparedness p)Information is made available to support its findings in the NRC licensing standards and related criteria contained the public on a periodic basis on how ]
J process and related court proceedings, in NUREG-0654/ FEMA-REP-1. Rev.1 they will be notified and what their i
(f) Notwithstandmg the procedures set are to be used by FEMA and the NRC m initial actions should be in an 1
forth in these rules for requesting and reviewing and evaluating State and emergency (e.g., listening to a local
)
reaching a FEMA administrative local government radiological broadcast station and remaining 1
approval of State and local plans.
emergency plans and preparedness. For indoors). the principal points of contact findings and determinations on the brevity. only the planning standards with the news media for dissemination 7
current status of emergency contained in NUREG 0654/ FEMA-REP-of information during an emergency 2
preparedness around particular sites
- 1. Rev.1 are presented below.
(including the physicallocation or may be requested by the NRC and (1) Primary responsibilities for locations) are established in advance provided by FEMA for use as needed in emergency response by the nuclear and procednes for coordinated the NRC licensing process. These facihty licensee, and by State and local dissemination ofinformation to the findmgs and determinations may be orgamzations within the Emergency public are established.
based upon plans currently available to Planning Zones have been assigned, the (8) Adequate emergency facilities and FEMA or furnished to FEMA by the emergency responsibilities of the NRC through the NRC/ FEMA Steering various supporting organizations have equipment to support the emergency Committee.
been specifically established and each response are provided and maintained.
(g) An environmental assessment has principalresponse ganization has staff (9) Adequate methods. systems and been prepared on which FEMA has to respond to and augment its uutial equipment for assessing and monitoring actual or potential offsite consequences determined that this rule will not have a response on a continuous basis.
significant impact on the quality of the (2) On. shift facility licensee of a radiological emergency condition are in use.
numan ent4ronment.
responsibilities for emergency response are unambiguously defined, adequate (10) A range of protective actions has 1 350.4 Exclusions, staffmg to provide imtlal facility been developed for the plume exposure The regulation m this part does not accident response in key functional pathway EPZ for emergency workers apply to, nor wdl FEMA apply any areas is maintained at all times, timely and the public. Guidelinen for the choice criteria with respect to, any evaluation, augmentation of response capabilities is of protective actions during an assessment or determination regardmg avadable end the mterfaces among emergency, cornistent with Federal the NRC licensee"s emergency plans or various onsite response activities and guidance. are developed and in place preparedness. nor shall FEMA make any offsite support and response activities and protective actions for the ingestion similar determination with respect to the are specified. (This standard applies exposure pathway EPZ cppropnate to mtegration of offsite and NRClicensee only to NRC licensees but is included the locale have been developed.
emergency preparedness except as these here for completeness.)
[11) Means for controlling radiologist I
assessments and deternunations affect (3) Arrangements for requesting and g
g the emergency preparedness of State effectively using assistance resources establishd for emergency workers. The and local governments. The regulation m have been made, arrangements t means for controlling radiological this part applies only to State and local accommodate State and local staff at exposures shallinclude exposure planning and preparedness with respect the bcensee's near-site Emergency guidelines consistent with EPA to emergencies at commercial nuclear Operations Facility have been made and Emergency Worker and Lifesaving power facilities and does not apply to other orgamzations capable of Activity Protective Action Guides-1 other facilities which may be licensed augmenting the planned response have (12) Arrangements are made for I
by NRC. nor to United States been ident?fied.
medical services for contaminated Covernment-owned, non-licensed (4) A standard emergency injured individuals, facihties nor the jurisdictions classification and action level scheme.
(13) General plans for recovery and surrounding them.
the bases of which include facility reentry are developed.
f 350.5 Criteria'for review and approval of system and effluent parameters,is in (14) periodic exercises are (will be)
State and local radiological emergency use by the nuclear facility licensee and condacted to evaluate rcajor portions of plans and preparedness.
State and local response plans call for emergency response capabilities, l
(a) Section 50.47 of NRC's Emergency reliance on information provided by periodic drills are {will be) Conducted to facility licensees for determinations of develop and maintain key skills and Planning Rule [1D CFR Parts 50 (Appendix E) and 70 as amendedj and mintmum f 'itial offsite response deficiencies identified as a result of measures.
exercises or drills are (will be) the joint FEMA-NRC Criterio for (5) Proce.iures have been established corrected.
Preparation ond Evc!uotion of for notification, by the licensee, of State (IS) Radiological emergency response RadiologicalEmegency Response and local response organizations and for training is provided to those who may Plons and Preparedness in Support of the notification of emergency personnel be called upon to assist in an Nuclear Power Plants (NUREG-0654/
by all response orgamzations: the emergency.
FEMA-REP-1 Rev.1, November 1980) content of initial and followup messages (16) Responsibilities for plan which apply insofar as FDIA is to response organizations and the public development and review and for concemed to State and local has been established; and means to distribution of emergency plans are governments, are to be used in provide early notification and clear established, and planners are properly reviewing, evaluating and approving instruction to the populace within the trained.
State and local radiological emergency plume exposure pathway Emergency (b)In order for State oflocal plans l
plans and preparedness and in making Planning Zone have been established.
and preparedness to be approved such any findings and determinations with (61 Provisions exist for prompt plans and preparedness must be -
respect to the adequacy of the plans and communications among prmcipal determmed to a dequately protect the l
i 4
A
^~~~
44338 Fed:rd Rzgistir / Vol. 48, No.189 / Wednesday, September 28,19E3 / Rules and Reg V
s, public health and safety by providing is located. The application. In the form p oviding reasonable assurance that reasonable assurance that appropriate of a letter from the Govenor or from protective measures can be taken offsite such other State official as the Governor S:ste and local governments can and in the event of a radiological emergency. may desinte, shall contain one copy of ir tend to effect appropriate 5 350.4 Assistance in development of the completed State plan, including measures offsite in the event of a State end localplans.
coverage of response in th e ingestion
.rs diological emergency.
(a) An integrated approach to the exposure pathway EPZ. ne application (e) FEMA and the States will make developn.ent'of offsite radiological will also include plans of all apptcpriate stitable arrangements in the case of emerFency plans by States, localities local governments. The application shall overlapping or adjacent jurisdictions to and the licensees of NRC with the specify the site or sites for which plan permit an orderly assessment and ussistance of the Federal Government is approvalis sought. For guidance on the approval of interstate or interregional the approach most likely to provide the local government plans that should be p1ans-best protection to the public. Hence, included with an application, refer to Federal agencies, including FEMA Part 1.E. NUREG 0654/ FEMA-REP i tso.s initial FEMA action on State plan.
Regional staff. will be made available Rev.1. entitled Contiguous Jurisdiction (a)The Regional Director shall.
upon request to assist States and Governmental Emergency Planmng (see acknowledge in writing within ten days locahties in the development of plans.
(e]). Only a State may request formal th r receipt of the State application.
(b) There now exists in each of the ten review of State or local radiological
. (b) FEMA shall publish a notice standard Federal Regions a Regional emergency plans.
syned by the Regional Director or Assistance Committee (RAC)(formerly (b) Generally, the plurae exposure d% nee m the Federal Register withm, the Regional Advisory Committee) pathway EPZ for nuclear power A Gys aher receipt of the application, chaired by a FEMA Regional official and facuities shall consist of an area about that an application from a State has having members from the Nuclear 10 miles (1e Km)in radius and the been received and that copies are -
Regulatory Commission, Department of ingestion exposure pathway EPZ shall available at the Regional Office of Health and Human Services, consist of an area about 50 miles (80 review and copying in accordance with i
Department of Energy, Depariment of Km) in radius. The exact size and 44 CFR 5.26.
I Transportation. Environmental configuration of the EPZs surrounding a (c) The Regional Director shall furnish i
Protection Agency, the United States particular nuclear power facility shall be Department of Agriculture and determined by State and local copies of the plan to member;of the Department of Commerce. Whereas in govemments in consultation with FEMA RAC for their analysis and evaluation.
44 CFR Part 35L the Department of and NRC taking into account such local (dj The Regional Director shall make a Defense is listed as a potential member conditions as demography, topography.
deta:1ed review of the State plan, of the RACs. It is not listed in this rule land characteristics, access routes and including those oflocal governments.
because military nuclear facilities are local jurisdiction boundaries. The size of and assess the capability of State and.
not the subject of concern. The RACs the EPZs may be determined by NRC in local governments to effectively will assist State and locel government consultation with FEMA on a case-by-mplement the plan (e.g., adequacy and E
officials in the development of their case basis for 5 s cooled reactors and maintenance of procedures, training.
radiological emergency response plans, for reacters wi t an authorized power resources, staffing levels ar.d and will review plans and observe level less than 250 Mw thermal. The qualification and equipment adequacy).
i 1
plans for the ingestion exposure Evaluation and comments of the RAC exercises to evaluate the adequacy of pathway shall focus on such actions as members will be used as part of the these plans and related preparedness.
are appropriate to protect the pubhc review process.
AI This assistance does not include the actual writing of State and local from ingestmg contaminated food at.d (e) In connection with the review, the
.we water.
Regional Director may make suggestions government plans by RAC members.
- (c) A State may submit separately its to States concerning perceived gaps or
-l '
(c)In accomplishing the foregoing, the RACs will use the standards and criteria plans for the EPZs and the local deficiencies in the plans, and the State in NUREG-0654/ FEMA-rep-L Rev. L government plans related to individual may amend the plan at any time prior to and will render such technical nuclear power facilities. The purpose of forwarding to the Associate Director of Q,
assistance as may be required, separate submissions is to allow FEMA.
appropriate to their agency mission and approval of a State plan, and of the J3 enettiae. In observing and evaluating plans necessary for specific nuc! car
(!) T vo unditions for FEMA approval f.
exercises, the RACs will identify, soon power facilities in a multiple-facility of State plans (including local -
T; government plans) are the requirements after an exercise, any deficiencies State, while not approving or a: ting on for an exercise (see i 350.9), and for the plans necessary for other nuclear observed in the planning and power facilities within the State. If public participation (see il 350.9 and preparedness effort including separate submissions are made.
350.10.). These activities occur during deficiencies in resources. training of staff, equipment, staffing levels and appropriate adjustments in the State the Regional review and prior to the deficiencies in the qualifications of plan may be necessary. In any event.
forwarding of the plan to the Associate Director.
3, personnel.
FEMA approval of State plans and appropriate local government plans i 350.9 Exercises.
f 350.7 Application by State for review shall be site specific.
and approval *
(d) The applications shall contain a (a) Before a Regional Director can (a) A State which seeks formal review statement that the State plan, to forward a State plan to the Associate and approval by FEMA of the State's with the apptcpriate local plans.getherDirector for approval, the State, together is,in radiological emergency plan shall the opinion of the State, adequate to with all appropriate local governmenN, submit an application for such review protect the public health and safety of must conduct a joint exercise of thi!
and approval to the FEMA Regional its citizens living within the emergency State Wn. involving full participation 8
~
Director of the Region in which the State planning zones for the nuclear power
^
facilities included in the submission by
. see I 350 2 for denninons of full particip tion end remcowl enerows.
~ r a
4
-]
m-Federd Registar / Vol. 48. No.189 / Wednesday, September 28. 1983 / Rules rnd Regulations 44339 of appropriate local government entities, appropriate local;;ovemmente at least demonstrate to the Regional Director the State and the appropriate licensee of every two years.
that identified w eaknesses have been the NRC. To the extent achievable, this (2) Each State with multiple sites corrected. The Regional Director shall exercise shallinclude participation by within its boundaries shall fully forward his or her evaluation of the appropriate Federal agencies. This participate in a joint exercise at some exerci*e conducted for continued FEMA exercise shall be observed and site on a rotational basis at least every 2 approval t5 the Associate Directnr evaluated by FEMA and by years. When not fully participating in an including the certification that changes representatives of other Federal exercise at a site, the State shall and corrective measures have been agencies with membership on the RACs partially participate 8 at that site to made.
and by NRC with respect to licensee support the full participation of (e) Following the exercise conducted response. Within 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> of the appropriate local governments. Priority for continued FEMA approval. the completion of the exercise. a briefing shall be given to new facilities seeking Regional Director shall conduct a involving the exercise participants and an operatmg license from the NRC and
.which have not fully participated in a meeting in the vicinity of the nuclear Federal observers shall be conducted by the Regional Di ector to discuss the
- mt exercise involving the State, local power facility which willinclude the preliminary results of the exercise. If the g vernments and the heensee at that exercise participants, representatives exercise discloses any deficiencies in site. State and local govemments will from the NRC and other appropriate the State and local plans or the ability cardinate the scheduling of these Federal agencies and the public and of the State andlocalgovernments to exercises with the appropnate FEMA media as observers.The purpose of this implernent the plans, the FEMA and NRC Regional Offices and the meeting is to discuss the evaluation of the exercia?. At the discretion of the representatives shall make them knowo
"#fEc 3
ap pria te local government promptly in writing to appropriate State ufficials.To the extent necessary the which has a site within its boundaries or fr m the pubhc and media may be State shall amend the plan to is w thin the to-mile emergency "I M 8 e meetms. Dese incorporate recommended changes or plannmg zone shall fully participate in a c ments %. be tab into improvements or take other corrective joint exercise with the bcensee and the g nsideratws by the Regional Director measures, such as remedial exercises.'
State at least every two years. For those m his or her evaluation.
to demonstrate to the Regional D; rector local governments that have planning (f) After FEMA approval of a State that identified weaknesses have been and preparedness responsibilities for and local plan has been granted, failure c rrected.
more than one facility. the Regional to exercise the State and local plans at (b) The Regional Director shall be the Deetor may seek an exemption from the frequency and participation this requirement by recommending described in this section shall be FEMA official responsible for certifying alternative arrangements for approval grounds for withdrawing FEMA to the Associate Director that an by the Associate Director, approval. (See 1 350.13.)
i exercise of the State plan has been (4) States within the 50-mile conducted, and that changes and emergency planning zone of a site shall I 350.10 Public meeting in advance of l
corrective measures in accordance with exercise their plans and preparedness -
pguA pproy,t 1
1350.9(a) above have been made, related to ingestion exposure pathway During the 5EMA Regional Office j
(c) State and local govemments that ruasures at least once every five years review of a hte plan and prior to the have fully participated in a joint in conjunction with a plume exposure submission by the Regional Director of exercise within one year pnor to the pathway exercise for that site.
the evaluation of the plan and exercise i
effective date of this final rule will have (5) Remedial exercises may be to the Associate Director, the FEMA continuing approval of their radiological required to correct deficiencies Regional Director shall assure that there emergency plans and preparedness by observed in exercises conducted for is at least one public meetmg conducted following the frequency indicated in continued FEMA approval. Should this in the vicmity of the m2 clear power paragraph (c)(1H4) of this section. State ccur, the FEMA Regional Director will facility.The purpcse of such a meeting, and local governments that have not determine the participation required which may ue conducted by the State or fu!!y participated in a joint exercise fr m the States and/orlocal by the Regional Director, shall be to: (1) within one year pnor to the effective g vemments.
Acquaint the members of the public in date of this final rule will follow the (d) Within 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> of the completion the vicinity of each facility with the g
of an exercise conducted for continued content of the State and related local
( of this sect on a t p$et$on of FEMA approval, a briefing involving the plans, and with the conduct of the joint joint exercise in which they have fully exerci8e participants and Federal exercise which tested the plans:(2) participated. If. In deseloping exercise men AaH coduM h 6e awn g geshns abut EM schedules with State and local Regional Director to discuss the review of the plan and the exercise: (31 governments to implement the prehminary results of the exercise. If the receive suggestions from the pubhc requirements in paragraph (c)(1)-(4) of exeretse discloses any deficiencies in concerning improvements et changes this section. the Regional Director fm' ds the State and local plans, or the ability that may be necessary: and (4) describe that enusual hardships would result, he of the State and local governments to to the pubhc the way in which the plan may seek relief from the Associate implement the plans, the FEMA is expected to function in the event of an I
rectm.
representatives shall make them known actual emergency. The Reg:cul Director (1) Each State which has a promptly in writing to appropriate State should assure that representatives from commercial nuclear power site within its officials. To the extent necessary, the appropriate State and local government boundaries or is within the 10-mib State shall amend the plan to agencies, and the affected utility appear plume exposure pathway Emerwn 7 inco porate recommended changes or at such meetings to make presentations improvements or take other corrective and to answer questions from the public.
l Planm,ng Zone of such site shat! Miy measures. such as remedial exercises. to The public meeting should be held after i
participate m an exercise jointly with the nuclear power plant licensee and the first joint (utility. State and local
'see i 3soa for dermnon or partw ei,re:,e governments) exercise at a time
.w j'?
44340 Fedtrcl Registr,r / Vot. 46, No.189 / Wednesday, Septembtr 28, 1983 / Rules and Rectlations mutually agreed to by State and local I 350.12 FEMA Headquarters revtsw and u
authorities, licensee and FEMA and
- PProvet associated local plans applicable to NRC Regional officials.'ais meetmg shall be noticed in the local newpaper
[a) Upon receipt from a Regional other facilities in a State. Approval may l
with the largest circulation in the area, Director of s State plan, the Associate be withheld for a specific alte until plans !
or other such media as the Regional Director shall conduct such review of for all jurisdictions withtt as emergency plannina zones of that site Director may select, on at least two the State plan as he or she shall deem bave been reviewed and found I
occasions, one of which is at least two necessary.The Associate Director shall adequate.
l weeks before the meeting takes place arrange for copies of the plan, together and the other is within a few days of the with the Region! Di+ector's evalcation, (e) Within 30 days after the date of meeting date. l.ocal radio and television to be made available to the members ofnotification of approval for a particular i
stations should be notifie.1 of the the Fede:al Radiological Preparedness nuclear power facility or within 30 days scheduled meeting at least one week in Coordinating Committee (FRPCC and to of any statement of disapproval of a advance. Representatives from NRC and other offices of FEMA with appro)priate State plan, any interested person may other appropriate Federal agencies guidance relative to any assistance that appeal the decision of the Associate may be needed in the FEMA review and Director to the Director; however, such should also be invited to participate in approval process.
an appeal must be made solely upon the these meetings. If. in the judgment of the (b)If, after formal submission of the ground that the Asociate Director's FEMA Regional Director, the public State plan and the Regional Director's derision, based on the available record.
meeting or meetings reveal deficiencies evaluation, the Associate Director evidence.pported by substantial was unsu
~
in the State plan and/or the joint determines that the State plans and ISee 1350.15 for appeal procedurea.)
a7e uste to protect the health nfo the State f e ac to e wfth 1) j 3m3 mawaM appmat.
recommendations for improvement. No and safety of the public living in the FEMA approval of State and local plans vicinity of the nuclear power facility by (a) If, at any time after granting and preparedness shall be made until a pr viding reasonable assurance that approval of a State plan, the Associate meeting described in this paragraph appropriate protective measures can be Director deterndnes, on his or her own shall have been held at or near the taken offsite m the event of a initiative, motion or on the basis nuclear power facility site for which the radiological renergency; and information another person supp,of
- ded, State is sealdag approval.
W Are capable of beingimplemented that the State or local plan is no longer 1 350.11 Action by FEMA Regional (e.g. adequacy and maintenance of adequate to protect public health and safety by providing reasonable Director.
procedores, training, resources, staffing assurance that appropriate protective levels and adequacy); qualification and equipment (a) Upon completion of his or her measures can be taken, or is no longer the Associate Director shall review, including conduct of the approve ID writing the State plan.The shallimmediately advise the Governor capable of being implemented, he or she exercisa required by 1350.9 and after Associate Director shall concurrently of the affected State, through the the public meeting required by i 350.10 c mmunicate this FEMA approval to the the Regional Director shall prepare an G vern r f the State (s)in question, the appropriate Regional Director and the evaluation of the State plan, including NRC and the pertinent Regional NRC of that initial determination in plans for local governments Such Director (s) and immediately shall writhg. FEMA shall spell out in detail ation shall be specific with respect publish in the Federal Register a notice the reasons for its initial determination.
ev to 2.e plans applicable to each nuclear i this effect.
end shall describe the deficiencies in the facility so that findings and (c) If, after formal submission of the plan or the preparedness of the State. If, determinations can be made by the
. State plan, the Associate Director !s not after four months from the date of such Associate Director on a site specific satisfied with the adequacy of the plan question has not either: (1) Corrected the an initial determination, the State in be' or preparedness with respect to a deficiencies noted, or 2) submitted an (b) The Regional Director shall particular site, he or she shall i
acceptable plan for co(necting those evaluaw the adequacy of State and local concurrently communicate that decision deficiencies, the Associate Director plans and preparedness on the basis of to the Governor (s) of the State (s), the shall withdraw approval and shall the criteria set forth in i 350.5, and shall NRC and the pertinent Regional report the evaluation with respect to Di:ector(s), together with a statement in immediately inform the NRC and the each of the planning standards writing explaining the reasons for the Governo* of the affected State. of the mentioned therein as such apply to State decision and requesting appropriate determination to withdraw approval and and local plans and preparedness.
plan or preparedness revision. Such shall publish in the Federal Register and (c) The Regional Director shall statement shall be transmitted to the the local newspaper having the largest forward the State plan torner with his Govemor(s) through the appropriate daily circulation in the affected State notice of its withdrawal or approval.
, or her evaluation and other televant Regional Director (s).The Associate record material to the Associate Director shall immediately publish a The basis upon which the Associate Director. Relevant record material willnotice to this effect in the Federal Director makes the determination for include the results of the exercise (i.e.,
- Register, withdrawal of approvalis the same basis used for reviewin deficiencies noted and corrections (d) The approval shall be of the State exercises,i.e., the planr.g plans and rnade), a summary of the deficiencies plan together with the local plans for ins standards and related criteria in NUREGO654/
identified during the public meeting, each nuclear power facility (including FEMA / rep-1, Rev.1, recommendati0ns made to the State andout-of. State facilities) for which commitments rnade by the State for approval has been requested. FEMA (b)la the event that the State in effecting improvements in its plans and may withhold approval of plans question shall submit a plan for applicable to a specific nuclear power correcting the deficiencies, the preparedness and actions taken by the Sta te.
facility in a multi-facility State, but Associate Director shsll negotiate a nevertheless approve the State plan and schedule and a timetable under which l
the State shall correct the deficiencies.
~
J
Federal Registor / Vol. 48. No.189 / Wednesday, September
<1 i\\
- 28. 1983 / Rules and Regulations 44341
- l e
If. on the agreed upon date, the
=
f deficiencies have been corrected, the approved while any significant change the notice of decision rela' ting to the is under review, Associate Director shall withdraw the (b) A significant change is one which matter being appealed. The t1ppeal mast l !
initial determmation and the approval involves the evaluation and assessment be addressed to the Director, Federal previously granted shall remain valid.
of a planning standard or which F.mergency Management Agency,500 C j
He or she shallinform the Governor (s),
invnives a matter which, if presented Street, SW., Washington, D.C. 20472.
the NRC, the pertinent Regional with the plan, would need to have been The appeal letter shall state specific Directors (s) and notify the public as considered by the Associate Director in reasons for the appeal and include an stated in paragraph (a) of this section. if.
making a decision that State or local offer to provide documentation l
however, on the agreed upon date, the t
deficiencies are not corrected. FEMA plans and preparedness are:(1) supporting appellate arguments, shall withdraw its approval and shall Adequate to protect the health and (b) Upon receipt of an appeal, the communicate its decision to the safety of the public living in the vicinity Director or the Director's designee shall Covernor of the State whose plan is in of the nuclear power facility by review the file, an submitted to the question, the NRC, the appropriate providing reasonable assurance that Associate Director, State and Local e
appropnate protectne measures can be Programs and Support, by the Regional Federal agencies and notify the public taken offsite in the event of a Director of the FEMA Region concerned.
as indicated above, (c) Within 30 days after the date of radiciogical emergency; and (3) capable based on the information contained in f being implemented.
the file and the appealletter, with notification of withdrawal of approval (c) A sigmficant change will be supportmg documentation. The Director of a State or local plan, any interested pr cessed in the same inanner as ifit 6 Dwor's designes shall decide persen may appeal the decision of the were an initial plan submission.
whether or nct the Associate Director's Associate Director la the Director; imtial decision was supported by aowever, such an a;; eal must be made w{e he Reg ona i substantial evidence in the file and is roc d e s" so y uron t e groud hat the such as holdmg a public meeting or a c nsistent with miA policy, Associate Director dec sion. based on complete exercise, would be (c) The decision of the Director or the e available reemd. was u..r.upported unnecessary. The esisting FEMA Director's designee shall be published in t
y su stantia e idence. (See 1 350.15 a
the Federal Register as the final agency or appea proce ures )
any significant changes are under decision on the matter and shau not be
{350.14 Amendments to State pians.
reviewablw within FEMA, except upon (d) Changes, such as a change in a a showing that it was procured by fraud a) The S telephone number. that are not or misrepresentation. In addition to submitted t fo re iew and significant as defined in paragraphs (b) publication in the Federal Register, approval under 1350.7 at any time and (c} of this section, but are necessary copies of the decision shau be d
h to maintain currency of the plan, should forwarded to the appellant, the ap n at ny ti:re af F t appr al be forwarded to the Regional Director.
Covernor(s) of the State (s) affected, the has been granted under i 350.12 A State
$ 350.15 Appeal procedures-NRC and the affected licensee of the n ust amend its plan in order to extend the coverage of the plan to any new (a) Any interested person may appaal. involved power facility, nuclear power faci!ity which becomes a decision made under $i350.12 and Dated:9per um operational af ter a FEMA approval or m.
350.13 of this Part, by submittiag to the L uis O. Gluffrida.
case cf any other s:gmficant change
- Director. FEMA. a written notice of ihrector-The State plan shall remain in effect as appeal, within 30 days after the appearance in the Federal Register, of ira noc anwei ra,m-aams.m1 swwo coca ens-os-w I
f