ML20238B413

Applicant Exhibit A-18,consisting of 830928 Fr,Vol 48, Number 189 Re FEMA 44CFR350 on Review & Approval of State & Local Radiological Emergency Plans & Preparedness

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)

Text

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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 MANAGEMENT AGENCY emergency planning and preparedness.

thereoh. hich cadshs oh ma. c$use substantialinjury or harm to the "

Among other assignments, the President 44 CFR Part 350 population or substantial damege to or directed FEMA to:

loss of property.This definition clearly (

(Docket No. FDIA THD-35011 (1) Take the lead in offsite encompasses an accident at a

[ radiological emergency planning and commercial nuclear power facil!'y.

Review and Approval of State and responsei Under Section 201 of the Disaster ,a 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 practical programs for preparation in compliance with ths directive to take radiological emergencies which may against disasters.The technical the lead in offsite emergency planning 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 power plant accidents.

replace assignments set out in a Notice 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 agencies, as well as NRC have been December 24.1975. (40 FR 59494). They 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 Federal law nor regulations required activities. Federal agency determinations as to the adequacy of respcasibilities for responding to a States or local governments to have State and local plans and the capability radiological accident are outimed in the peacetime nuclear emergency plans. nor of State and local governments to required States with plans to test those National Radiological Emergency effectively implement these plans and Preparedness / Response Plan for plans.

preparedness measures for specific The Atomic Energy Commission Commercial Nuclear Power Plant sites. Such findings and determinat.ons (AEC1. later NRC. implemented a non-ano where appropriate. plan approvals. Accidents (Master Plan] (45 FR 84910).

This ' Master Plan will be superseded statutory program of planning and are to be submitted to the Governors of ,

by the Federal Radiological Emergency ass stance to the States which included:

the affected States and to the NRC for 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 OATE: This regulation is EmergencyResponse Plans in Support Basis for FEMA Assignment effective October 28.1983. 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!ti6ation. a revised and updated Federal Register resporte and recovery programs. Notice (40 FR 59494). Lead agency President's Commission on the Accilent The term " civil emergency"is defined at Three Mile Island (known as the . 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

%. transportation of radio-active materials. report was submitted to the President on guidance provides a basis for NRC -

June 30,1980.)

NRC also issued guidance in a licensees and State and local (3) Complete, as soon as possible. the Handbook forFedem/ Assistance to governments to develop radiologiceN N

. review of State and local eniergency emergency plans and improve

' State ondlocalGovernments in plans in those States with plants , i Radiologico/EmergencyResponse emergency preparedness associated scheduled for operation in the near ~ with nuclear power facilities. The Flonning-NUREG-0093 June 1.1976- future. (This review is included in the Ig document combines the guidance to revised Jan.uary 1979. applicable to other June 30,1980. Report to the President.) State and local governments with the Federal agencies. The number of (4) hiske findings and determinations

? ir.volved agencies that acreed to the guidance to :he bcensees of NRC and 1 assignments increased from five to as to whethsr State and local emergency supersedes previous guidance and

,14 plans are adequate and capable of seven.These included the cnte:ia published by FEhiA and NRC. It implementation (e.g., adequacy and (is also intended for use by Federal

.)! Environmental Protection Agency (EPA); maintenance of procedures, training.

c the Department of Health. Education resources, staffing levels and ' officials in reviewing and assesssing the 1 and Welfare, now the Department of adequacy of State local and nuclear qualifications and equipment se Health and Human Services

the adequacy). power facility operator emergency plans Defense Civil Preparedness Agency and (5) Assume responsibility for and preparedness. NUREC 0654/ FEMA-g

( the Federal Disaster Assistance ' emergency preparedness training of REP-1, Rev.1 contains a series of 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 4g..

Department of Transportation: the Energy Research and Development series of (Federal l interagency assignments which would delineate for preparation and evaluation of the planning and preparedness activities of f

• Administration. now the Department of respective agency capabilities and State and local governments as well as Energy; and the Nuclear Regul. tory responsibilities and define procedures of the licensees of NRC.

Commission. This rule is !ntended to be consistent t for coordination and direction for i

> 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 amended].

J program of voluntary concurrence and FR 10758 March 11.1982).]

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 preparedness by the NRC and other adequacy and maintenan::e of I

-q agencies. The accident led to the procedures, training resources, staffing r'sviewJunction.

esp,93sihility for ma , NRC retains ov Kemeny Commission Report and the levels and undeti,ts enabling Feg_

ulation la king decis

~ Presidentist actions. adequacy). qualifications and equipment determmmg whether licenses should be j

e To imnlementthe President's (3) Review the FEMA findings and issuefotopeJdoniscspended.

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 82213L support its findings in NRC licensing 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 certain nuclear fuel cycle facihties and is no legal requirement that a State or

" 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 significant accidental offsite releases of approve such plan is not accompanied no longer an NRC voluntary concurrence by any sanction or rcfusal to accord a radiation. However, that the initial the parties progam emphasis be intended program for State emergency plans. The rbenefit Insofar as the procedu previous NRC " concurrences" do not , have economic. environmental or legal J

placed on emerpncy preparedness at satisfy all the requirements for FEMA commercial nuclear power plants. the coHsWtiesces or impact. these result -

approval of State and local plans under from NRC action on its rule and from the focus of this rule. this regulation.

FEMA's responsibilities under the role whichfEMA. plays because of the

_FDLDLIGiRWS, findings and MOU in the NRC licensing process. NRC MOU are to:

determinations will be based upon has. in connection with its rule, adopted (1) Take the lead in offsite guicfance loihily issued by FEMA and

[ radiological emergency planning and a " Finding of No Significant Impact" and NRC eEtitleTCdtenjafor Preparation review and assess State and local has made an environmental assessment.

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 of State and local emergency plans in cost data related to cffsite planning H

' 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 '

ecm. Also, as voluntary organizations form of manuals or guides should be January 1,1981, and thus is not subject 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) analysis. procedures should be developed by Discussion:The argument is made State and local governments for alerting that while it may be possible to review An environmental assessment has i been preparedin which FEMA has and notifying such organizations. and evaluate plans per NUREG-0654/

Responsu While neither the rule. 44 FEMA-REP-1. Rev.1. It is difficult to use determined that this rule will not have a CFR Part 350, nor NUREG-0654/ FEMA- this guidance to evaluate exercises. The g significant impact on the quahty of the 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 3

received from 31 organizations. These it states:"Each organization shall scenario. Therefore a different set of t comments were received from State and establish procedures for alerting. criterie and evaluation approach is 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 g,y, 3 of NUREG-0654/ FEMA-REP-1.

should not be mandatory. (Section 350.5) recommendation. Also, a review of some Discussion: Recommendations were State and local emergency response made that the planning criteria in plans revealed that all of them had (5) Comment FEMA should ~ exercise

~

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 iraplementation but rather should be with the determination of Emergency 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 mandatory requirements and the mterjunsdictioaal concerns: (1) The develop procedures for notifying precise delineation of EPZ boundaries specific planning criteria should be voluntary organizations. inv made optjanal. es c ntextual determinations as to (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, sapproval have been carefully developed and relationship to local governments.

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 and local government emergency cnteria that could be used. these criteria"are requested to."(Affects many resp nse plans to be submitted to FEMA have been generally well received and sections in rule).

remain in our judgment the specific before approval can be given to any one Discussion:This recommendation is of these plans Because of this site-guidance that will as*ure optimum made on the basis that neither FEMA specific approach, coordinated submittal preparedness. For this reason, the nor states can mandate any actions to planning standards along with the local governments, except under specific of plans is necessary for FEMA's timely emergenc review and evaluation of plans. Also the criteria remain operative as the basis for language,y powers. Changing the submission of plans for coordinated reviewing, evaluating and approving as indicated, would reflect the 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 1. censing process.

made that specific procedures be governments submit their plans to developed and included in this rule for FEMA for review and evaluation. Staterule Response:The current language in the alerting voluntary organizations such as 'an.1 local governments are required to 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 be was(4) Comment: Separate criteria should and NRC). FEMA believes it is in the made as there are no specific references developed for reviewing and best interest of all concerned parties to provide for a resolution of either in 44 CFR Part 350 or NUREG- evaluating exercises in addition to criteria for plans review. Also. guidance interjurisdictional concerns through such a negotiated process. Also. with

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Federal Register / Vol. 48. No.189 / Wednesday, September 28, 1983 / Rules and Regulations 4433D - ll 1

regard to the submission of plans. FEMA such a statement constitutes an " insult has no authority to maradate the timing meetings more meaninii n the language' '

to State emergency capabilities."

of submission of plans from State and Response: This statement does not in the rule hu been revised in order to d local governments. These governmental have public meetings held after the jI require any additional burdens on the entities are aware of the need for initial exercise. Thus. in addition to States that do not already exist as the discussions on the emergency response 1) synchronizing their plannmg and statement reDects the responsibility of :l preparedness activities with both plans, the opportunity is provided to the  ;

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 licensmg schedule. (10) Comment: FEMA recelud' 4 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 excluding urban aregs and major in j 350.9(c) of this rule as published on (8) Comment: FEMA should adopt a formal re view time period for the August 19,1982. In this proposed 1 facihties within 20 miles af ower language. FEMA provided language plants, within the plume exposure Regional Director's review of State and pathway EPZ. local government plans, such as a 45- supporting a change from the annual to day peric.d from receipt of plans. the biennial (every two years) exercise Discussion: While cnteria are frecuency and related exercise h rrovided m Section 3501(b) for (Secti n 350.111 provisions.

determmmg EPZ boundanes, there is no Disassion: This recommendation was I 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 p enable State and local governments t the existing annual exercise documentahon and rationales within requirement.

that plans. schedule activities subsequent and 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 determinations. local conliions such as N####"##; ^ 'P*'III' I'** I'"** I # language from an annual to a biennial demography, topography, land na mr ws wt requirement as stated in i 350.9(c)(1)-

characteristics. access routes and local rec mmended because of the many (4). FEMA believes that some relaxation in exercise frequency is appropriate at {

jurisdictions are accounted for resulting variables invol ed in securing and m de facto jusufication. It is the evalu ting plans. Some of these this time because of the experience intention of this section to encourage the v a c m ga ned by State aad lccal governments

"#'' 7 ***""pgs hadng aH* m this and other exercise activity, as I exercise of local planning responsibility.

Ament and decisionmaking. In # " "" * " " '" # well as response to actual emergencies.

addition, the 10-mile plume exposure In addition. reducing the overall number pthaay EPZ boundary. as presented in f((r ret the .n rma t and r t ials i exercises held should result in higher UREC 0654/ FEMA-REP-1 Rev.1 and submitted. Absence rf an imposed time quJty performance and greater period gives the Regiona! Director emphasis on areas needing improvement reflected m this rule USection 3501(b)). Dexibility in working w.th the State to  ;

was formulated on tne technical 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 j

withm NUREG-0396 EPA 520/1-76-016 preparedness. This is the objective of fi i I,P.cnnmg Fcsis for the Development of the process. which should be done m a Nuclear pcwer plants and reactors, Nate cnd Locc! Covernment timely fashion but not constrained by a R di ti n protection.

rigid schedule. Accordingly. Part 350 is added to R.:lolegica! Emeyency Resjaon" i P/cns m Suppmt oMight it'cter Nuclece [9) Comment: FEMA should consider Subchapter E of Chapter L Title 44 Code  !;

either making public meetings an of Federal Regulations. as follows:

Pm er P!cnts. December 1970) which 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 undertake planning and preparedness hs e in the vicmity of the plant. h1 Purpose. .

beyond this 10-m:le perimeter. Response: Despite the deficiencies of 30.2 Defmmons. '

Therefore. there is no need to require 350.3 Ba ckground. '

State and local governments to public meetings as evidenced by poor 350 4 Exclusions.

attendance in some cases. FEMA .g f document plume esposure pathway EPZ 350 s Criteria for review and approval of duermmations to a distance of 20 miles.

believes that it is essential to provide an sta te and local radiological emergency 'l (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 require a statement from the State that mformed about specific emergency and locet plans. .I the plans provide an adequate basis for 35a7 Apphcan n by state for review and j response plans and preparedness as protecting the public health and safety well as to discuss specific concerns with of its citizens. [Section 3501(d)). respons:ble officials. Therefore. the 350 8 N. tIa"1 FEMA action on State plan.

D.scusen. According to the pubhc meeting requirement should be 350.9 Exercises. 'i respondent. requ:rine States to proude retamed. Also in order to make pubhc 25alo Pabhc meetma in ads ance of FEMA il appro u!. '

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s , < ( 44336 Fadsral Register / Vol. 4a. No.189 / Wednesday. September 28, 1983 / Rules and Reg l tiu a ons Sec.

' 350.11 Action by FEMA Regional Director. exposure could range from hours to 350.12 FDtA fleadquarters review and months. -

to develop and implement plans and (J)Pu// participation refers to an programs of disaster preparedness, 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 Appropriation Authorization Pub. L 97-engaged in sufficient numbers to verify 415) that pertain to the scope (of this Authority: 42 USC. 5131. 52o1,50 U.S.C. the capability to respond to the actions App. 2253(A Sec.109, pub. L 90-295: (1) Section 5 provides for the issuance of Reorgamzation Plan No. 3 of 197813 CFR 19'8 requated by the accident scenario; (2) the integrated capability to adequately an operating license for a commercial Comp. 329); E.O.12127 (44 FR 193n71: and nuclear power plant by the NRC if it is E.O.12148 (44 FH 43239). assess and respond to an accident at a 1 350.1 Purpose. commercial nuclear power plant is determined that there exists a State.

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 ' engagement of State and local NRC to issue an operating license for Agency (FEMA) of State and locaj such plants without FEMA. approved government emergency personnel in an emergency plans and preparedness for State and local government plans. (2) exercise sufficient to ad3quately test the offsite effects of a rhJiological Section 11 provides for the issuance of emergency which may occur at a direction and control functicns for temporary licenses for operating a commercial nuclear power facilitv. protective to emergencyaction decisionmaking action levels and related utilization facility at a specific pow Review and approval of these pidns and level to be determined by the ,

preparedness involves preparation of communication capabilities among l

affected State and local governments Commission pending Imal action by the findings and determinations of the and the licensee, Commission on the application.Also.

adequacy of the plans and capabihties this section authorizes the NRC to issue of State and local governments to (1) Remedio/ Exercise is one that tests temporary operating licenses for these effectively implement the plans. deficiencies of previous joint exercise that are considered significant enough to facilities without the compleuon I 350.2 Dennitr.ons. impact on the public health and safety. required (NRC) Commission hearing As used in t process. A petition for such a temporary terms are defm, his part, the followmg (m)LocalGovernmer! refers in license may not be filed until certein ed: boroughs, cities. counties, 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.

Regional Director of FEMA. or designee: when any of these entitles has specific (d) To carry out these responsibilities.

roles n emergency planning and FEMA is engaged in a cooperative effort (c) Associate Director means the preparedness in the EPZ. with Pate and local governments md Associate Director. State and Local other Federal agencies in the Programs and Support. FEMA. cr

1. 8'8""*; (n) Site refers to the location at whichdevelopment of State and local plans

• 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 Emergency Management Agency;. synonymous with a nuclear power offsite effects resulting from radiological 1

facility, emergencies at commercial nucleer

(e)NRCmeans the Nuclear -

Regulatory Commission: power facihties. FEMA is currently 1 9 350.3 Background. developing the Federal Radiological f (f) EPZ means Emergency Planmng Zone. (a40n December ? 1979, the President Emergency Responsa Plan (FRERPl.

I which will provide the overall support to l [g) Emegency Planning Zone fEPZ/ is directed the Director of FEMA to take State and local governments, for all a gereric area around a commercial the lead in State and local emergency 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.

development of a significant response This included a review of the existing The FRERP, when published (projected 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 ingestion exposure pathways future. '

Preparedness / Response Plan for respectively. (b) This assignment was given to Commercial Nuclear Power Plant FEMA because ofits responsibilities (h) Plume Exposure Pathway refers to Plan was p(romulgated by FEMA 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 working with State and local assessments, findings and esposures could range in length from hours to days. governments and the private sector to determinations as to whether State and stirnulate vigorous participation in ci lccal emergency plans and preparedness (i) Ingestion Erposure Pathway refers to exposure primarily from ingeshon of emergency preparedness programs. vil are adequate and continue to be capable of implementation (e.g., ade water or foods such as milk and fresh Under Section 201 of the Disaster Relief maintenance of procedures.quacy and wgetables that have been contammated Act of 1974 (42 U.S.C. 5131), and other training-statutory functions. the Director of resources, staffing levels and with radiation.The duration of primary FEMA is charged with the responsib:lity qualification and equipment adequacy),

These findings and determinations will l?

t.

4 4 Fed:ral Registar / Vol. 48. No.189 / Wednesday September 2.8. 1983 / Rules and Regulations' 44J3/ e Y be used by NRC under its own rules in the capabihties of State and local connection with its licensing and response organizations to emergency ,

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 J

support its findings in the NRC licensing standards and related criteria contained the public on a periodic basis on how 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 1

forth in these rules for requesting and initial actions should be in an reviewing and evaluating State and

) reaching a FEMA administrative local government radiological emergency (e.g., listening to a local broadcast station and remaining 1 approval of State and local plans. emergency plans and preparedness. For

> findings and determinations on the indoors). the principal points of contact brevity. only the planning standards 7 current status of emergency with the news media for dissemination 2

preparedness around particular sites contained in NUREG 0654/ FEMA-REP- of information during an emergency

1. Rev.1 are presented below. (including the physicallocation or may be requested by the NRC and (1) Primary responsibilities for provided by FEMA for use as needed in emergency response by the nuclear locations) are established in advance and procednes for coordinated the NRC licensing process. These facihty licensee, and by State and local findmgs and determinations may be dissemination ofinformation to the orgamzations within the Emergency public are established.

based upon plans currently available to Planning Zones have been assigned, the FEMA or furnished to FEMA by the (8) Adequate emergency facilities and emergency responsibilities of the NRC through the NRC/ FEMA Steering various supporting organizations have equipment to support the emergency Committee. response are provided and maintained.

been specifically established and each (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 determined that this rule will not have a response on a continuous basis. actual or potential offsite consequences significant impact on the quality of the (2) On. shift facility licensee of a radiological emergency condition numan ent4ronment. are in use. '

responsibilities for emergency response are unambiguously defined, adequate (10) A range of protective actions has 1 350.4 Exclusions, ,

been developed for the plume exposure

• staffmg to provide imtlal facility 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 means for controlling radiological and local governments. The regulation m have been made, arrangements t 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

reliance on information provided by periodic drills are {will be) Conducted to (a) Section 50.47 of NRC's Emergency facility licensees for determinations of Planning Rule [1D CFR Parts 50 develop and maintain key skills and mintmum f 'itial offsite response deficiencies identified as a result of (Appendix E) and 70 as amendedj and measures.

the joint FEMA-NRC Criterio for exercises or drills are (will be)

(5) Proce.iures have been established corrected.

Preparation ond Evc!uotion of for notification, by the licensee, of State RadiologicalEmegency Response (IS) Radiological emergency response Plons and Preparedness in Support of and local response organizations and for training is provided to those who may 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 which apply insofar as FDIA is (16) Responsibilities for plan to response organizations and the public development and review and for concemed to State and local has been established; and means to governments, are to be used in distribution of emergency plans are 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 plans and preparedness and in making (b)In order for State oflocal plans l 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 ,

, V s, , 44338 Fed:rd Rzgistir / Vol. 48, No.189 / Wednesday, September 28,19E3 / Rules and Regu public health and safety by providing is located. The application. In the form reasonable assurance that appropriate p oviding reasonable assurance that 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. .rs diological emergency.

coverage of response in th e ingestion (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 specify the site or sites for which plan permit an orderly assessment and and the licensees of NRC with the approvalis sought. For guidance on the approval of interstate or interregional ussistance of the Federal Government is p1ans-the approach most likely to provide the local government plans that should be

• 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 i

I Health and Human Services, consist of an area about 50 miles (80 review and copying in accordance with ,

Department of Energy, Depariment of Km) in radius. The exact size and 44 CFR 5.26.

Transportation. Environmental configuration of the EPZs surrounding a particular nuclear power facility shall be (c) The Regional Director shall furnish i Protection Agency, the United States copies of the plan to member;of the Department of Agriculture and determined by State and local -

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 conditions as demography, topography. deta:1ed review of the State plan, Defense is listed as a potential member land characteristics, access routes and including those oflocal governments.

of the RACs. It is not listed in this rule local jurisdiction boundaries. The size of and assess the capability of State and .

because military nuclear facilities are not the subject of concern. The RACs the EPZs may be determined by NRC in local governments to effectively ,

consultation with FEMA on a case-by- mplement the plan (e.g., adequacy and E will assist State and locel government officials in the development of their case basis for 5 s cooled reactors and maintenance of procedures, training.

for reacters wi t an authorized power resources, staffing levels ar.d radiological emergency response plans, i and will review plans and observe level less than 250 Mw thermal. The qualification and equipment adequacy). 1 exercises to evaluate the adequacy of plans for the ingestion exposure Evaluation and comments of the RAC these plans and related preparedness. pathway shall focus on such actions as .

members will be used as part of the are appropriate to protect the pubhc review process. AI This assistance does not include the from ingestmg contaminated food at.d actual writing of State and local (e) In connection with the review, the '

water. .we government plans by RAC members. Regional Director may make suggestions .

(c)In accomplishing the foregoing, the - (c) A State may submit separately its to States concerning perceived gaps or -l '

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 nuclear power facilities. The purpose of forwarding to the Associate Director of Q,

and will render such technical separate submissions is to allow  ;!.

assistance as may be required, FEMA.

approval of a State plan, and of the J3 appropriate to their agency mission and plans necessary for specific nuc! car (!) T vo unditions for FEMA approval enettiae. In observing and evaluating of State plans (including local - f.

power facilities in a multiple-facility T; exercises, the RACs will identify, soon government plans) are the requirements .<  ;

after an exercise, any deficiencies State, while not approving or a: ting on the plans necessary for other nuclear for an exercise (see i 350.9), and for

• observed in the planning and public participation (see il 350.9 and power facilities within the State. If preparedness effort including 350.10.). These activities occur during "*

separate submissions are made.

deficiencies in resources. training of appropriate adjustments in the State the Regional review and prior to the staff, equipment, staffing levels and forwarding of the plan to the Associate ..

deficiencies in the qualifications of plan may be necessary. In any event. 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 statement that the State plan, to forward a State plan to the Associate (a) A State which seeks formal review with the apptcpriate local plans.getherDirector for approval, the State, together and approval by FEMA of the State's 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

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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.

the NRC. To the extent achievable, this that identified w eaknesses have been -

(2) Each State with multiple sites corrected. The Regional Director shall '

' exercise shallinclude participation by within its boundaries shall fully appropriate Federal agencies. This forward his or her evaluation of the 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 partially participate 8 at that site to and corrective measures have been agencies with membership on the RACs made.

and by NRC with respect to licensee support the full participation of response. Within 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> of the (e) Following the exercise conducted 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 power facility which willinclude the the Regional Di ector to discuss the  ; mt exercise involving the State, local 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 cardinate the scheduling of these Federal agencies and the public and the State and local plans or the ability media as observers.The purpose of this of the State andlocalgovernments to exercises with the appropnate FEMA implernent the plans, the FEMA and NRC Regional Offices and the meeting is to discuss the evaluation of representatives shall make them knowo the exercia?. At the discretion of the promptly in writing to appropriate State "#fEc3 ap pria te local government "* '

ufficials.To the extent necessary the which has a site within its boundaries or fr m the pubhc and media may be is w thin the to-mile emergency "I M 8 e meetms. Dese State shall amend the plan to 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 State at least every two years. For those m his or her evaluation.

measures, such as remedial exercises.'

to demonstrate to the Regional D; rector local governments that have planning (f) After FEMA approval of a State and preparedness responsibilities for and local plan has been granted, failure that identified weaknesses have been c rrected. more than one facility. the Regional to exercise the State and local plans at Deetor may seek an exemption from the frequency and participation (b) The Regional Director shall be the 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 pguA pproy,t 1 exercise their plans and preparedness -

1350.9(a) above have been made, During the 5EMA Regional Office j

related to ingestion exposure pathway (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 (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 date g

of this final rule will follow the the vicinity of each facility with the 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 promptly in writing to appropriate State should assure that representatives from (1) Each State which has a commercial nuclear power site within its officials. To the extent necessary, the appropriate State and local government State shall amend the plan to boundaries or is within the 10-mib agencies, and the affected utility appear inco porate recommended changes or at such meetings to make presentations plume exposure pathway Emerwn 7 improvements or take other corrective Planm,ng Zone of such site shat! Miy and to answer questions from the public. l participate m an exercise jointly with measures. such as remedial exercises. to The public meeting should be held after i 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 u

• authorities, licensee and FEMA and I 350.12 FEMA Headquarters revtsw and

• PProvet associated local plans applicable to

' NRC Regional officials.'ais meetmg other facilities in a State. Approval may l shall be noticed in the local newpaper [a) Upon receipt from a Regional Director of s State plan, the Associate be withheld for a specific alte until plans !

with the largest circulation in the area, for all jurisdictions withtt as or other such media as the Regional Director shall conduct such review of emergency plannina zones of that site Director may select, on at least two the State plan as he or she shall deem '

l necessary.The Associate Director shall bave been reviewed and found I

' occasions, one of which is at least two adequate.

weeks before the meeting takes place arrange for copies of the plan, together with the Region! Di+ector's evalcation, (e) Within 30 days after the date of  ;

and the other is within a few days of the meeting date. l.ocal radio and television to be made available to the members ofnotification of approval for a particular i the Fede:al Radiological Preparedness nuclear power facility or within 30 days  !

stations should be notifie.1 of the Coordinating Committee (FRPCC and to of any statement of disapproval of a scheduled meeting at least one week in advance. Representatives from NRC and other offices of State guidance relative to any assistance that FEMA plan,with any interested person may appro)priate appeal the decision of the Associate other appropriate Federal agencies  !

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 was unsu in the State plan and/or the joint evidence.pported by substantial determines that the State plans and ISee 1350.15 for appeal

~

procedurea.)

nfo the State f e ac to e wfth 1) a7e uste to protect the health 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 initiative, motion or on the basis taken offsite m the event of a nuclear power facility site for which the radiological renergency; and information another personded, supp,of State is sealdag approval. that the State or local plan is no longer W Are capable of beingimplemented (e.g. adequacy and maintenance of adequate to protect public health and 1 350.11 Action by FEMA Regional safety by providing reasonable Director. procedores, training, resources, staffing levels and assurance that appropriate protective (a) Upon completion of his or her adequacy); qualification and equipment measures can be taken, or is no longer review, including conduct of the the Associate Director shall capable of being implemented, he or she approve ID writing the State plan.The exercisa required by 1350.9 and after Associate Director shall concurrently shallimmediately advise the Governor the public meeting required by i 350.10 c mmunicate this FEMA approval to the of the affected State, through 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 ev ation shall be specific with respect publish in the Federal Register a notice the reasons for its initial determination.

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 an initial determination, the State in be' satisfied with the adequacy of the plan or preparedness with respect to a question has not either: (1) Corrected the i

deficiencies noted, or 2) submitted an (b) The Regional Director shall particular site, he or she shall evaluaw the adequacy of State and local concurrently communicate that decision acceptable plan for co(necting those plans and preparedness on the basis of to the Governor (s) of the State (s), the deficiencies, the Associate Director the criteria set forth in i 350.5, and shall NRC and the pertinent Regional shall withdraw approval and shall 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 Govemor(s) through the appropriate daily circulation in the affected State forward the State plan torner with his

, or her evaluation and other televant Regional Director (s).The Associate notice of its withdrawal or approval.

Director shall immediately publish a The basis upon which the Associate record material to the Associate notice to this effect in the Federal Director makes the determination for Director. Relevant record material willRegister, withdrawal of approvalis the same include the results of the exercise (i.e., 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 identified during the public meeting, each nuclear power facility (including and related FEMA / rep-1, criteria Rev.1, in NUREGO654/

recommendati0ns made to the State andapproval out-of. State facilities) for which commitments rnade by the State for 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 Associate Director shsll negotiate a Sta te. facility in a multi-facility State, but nevertheless approve the State plan and schedule and a timetable under which l the State shall correct the deficiencies.

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Federal Registor / Vol. 48. No.189 / Wednesday, September

28. 1983 / Rules and Regulations 44341

.'- i\

<1

lf e

If. on the agreed upon date, the =

• deficiencies have been corrected, the approved while any significant change is under review, the notice of decision rela' ting to the Associate Director shall withdraw the (b) A significant change is one which matter being appealed. The t1ppeal mast l  !

initial determmation and the approval be addressed to the Director, Federal previously granted shall remain valid. involves the evaluation and assessment j F.mergency Management Agency,500 C of a planning standard or which '

He or she shallinform the Governor (s), Street, SW., Washington, D.C. 20472.

the NRC, the pertinent Regional invnives a matter which, if presented with the plan, would need to have been The appeal letter shall state specific Directors (s) and notify the public as reasons for the appeal and include an ,

stated in paragraph (a) of this section. if. considered by the Associate Director in making a decision that State or local offer to provide documentation l t

however, on the agreed upon date, the supporting appellate arguments, plans and preparedness are:(1) deficiencies are not corrected. FEMA Adequate to protect the health and (b) Upon receipt of an appeal, the

shall withdraw its approval and shall safety of the public living in the vicinity Director or the Director's designee shall communicate its decision to the of the nuclear power facility by review the file, an submitted to the Covernor of the State whose plan is in e providing reasonable assurance that Associate Director, State and Local '

question, the NRC, the appropriate appropnate protectne measures can be Programs and Support, by the Regional Federal agencies and notify the public as indicated above, taken offsite in the event of a Director of the FEMA Region concerned. .

radiciogical emergency; and (3) capable based on the information contained in (c) Within 30 days after the date of 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.

Associate Director la the Director; whether or nct the Associate Director's aowever, such an a;; eal must be made w{e he Reg , ona i imtial decision was supported by so y uron t e groud hat the roc d e s" substantial evidence in the file and is such as holdmg a public meeting or a c nsistent with miA policy, ,

Associate t Director dec sion. based on complete exercise, would be e available reemd. was u..r.upported unnecessary. The esisting FEMA (c) The decision of the Director or the y su stantia e idence. (See 1 350.15 a Director's designee shall be published in or appea proce ures ) any significant changes are under the Federal Register as the final agency 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) The S telephone number. that are not a showing that it was procured by fraud submitted t fo re iew and or misrepresentation. In addition to 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 d h copies of the decision shau be 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. ,

has been granted under i 350.12 A State Covernor(s) of the State (s) affected, the n ust amend its plan in order to extend $ 350.15 Appeal procedures- NRC and the affected licensee of the 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 ira noc anwei ra,m-aams.m1 appearance in the Federal Register, of swwo coca ens-os-w  !

I f