ML20203G199

Notice of Pending NRC Action to Submit Info Collection Request to OMB & Solicitation of Public Comment Re Policy Statement on Criteria for Guidance of States & NRC in Discontinuance of NRC Authority & Assumption by States

ML20203G199
Person / Time
Issue date:	12/05/1997
From:	Shelton B NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
To:
Shared Package
ML20203G162	List: ML20203G159 ML20203G199
References
NUDOCS 9712180076
Download: ML20203G199 (24)

Text

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[7590-01 PJ  ;

U.S. NUCLEAR REGULATORY COMMISSION ,

I Documents Containing Reporting or Recordkeeping Requirements: Notice of Pending Submittal to the Office of Management and Budget (OMB) for Review.

AGENCY: U.S. Nuclear Regulatory Commission (NRC)

ACTION: Notice of pending NRC action to submit an information collection request to OMB and solicitation of public comment.

SUMMARY

The NRC is preparing a submittal to OMB for review of continued approval of ,

information collection under the provisions of the Paperwork Reduction Act of l

1995 (44 U.S.C. Chapter 35).

Information periaining to the requirement to be submitted:

1. The title of the information collection: Policy Statement on " Criteria for Guldance of States and NRC in Discontinuarice of NRC Regulatory Authority and Assumption Thereof By States Through Agreement," Maintenance of Existing Agreement State Programs, Requests for Infennation Through the Integrated Materials Performance Evaluation Program (IMPEP) Questionnaire, and Agreement State Participation in IMPEP, L

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2. Current OMB approval number: 3150-0183

3. How often the collection is required: Four activities occur under this collection: annual  :

requirements for Agreement States to maintain their programs; IMPEP teviews conducted no less frequently than every four years; participation by Agreement States in the IMPEP reviews; and, as needed, for States interested in becoming Agreement States.

4. Who is required or asked to report: Any State receiving Agreement State status by s(n:ng Section 274b. agreements with NRC. Presently there are 30 Agreement States.

Any State interested in becoming an Agreement State. .

5. The number of annual respondents: 30 existing Agreement States: Approximately eight -

of these States are asked to respond annually, For States interested in becoming an Agreement State, one every three years.

6. The number of hours needed annually to complete the requirement or request: For maintenance of existing Agreement State puqrams and the IMPEP questionnaire: ,

21g,600 hours0.00694 days <br />0.167 hours <br />9.920635e-4 weeks <br />2.283e-4 months <br /> (an average of 7,320 hours0.0037 days <br />0.0889 hours <br />5.291005e-4 weeks <br />1.2176e-4 months <br /> per State). For 8 IMPEP team reviews: 288 hours0.00333 days <br />0.08 hours <br />4.761905e-4 weeks <br />1.09584e-4 months <br /> (an average of 36 hours4.166667e-4 days <br />0.01 hours <br />5.952381e-5 weeks <br />1.3698e-5 months <br /> per review). For a State interested in becoming an ,

Agreement State, approximately 3,600 hours0.00694 days <br />0.167 hours <br />9.920635e-4 weeks <br />2.283e-4 months <br />. The total number of hours annually is

' 223,848 hours0.00981 days <br />0.236 hours <br />0.0014 weeks <br />3.22664e-4 months <br />.

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7. Abstract: States wishing to become an Agreement State are requested to provide certain information to the NRC as specified by the Commission's Policy Statement,

' Criteria for Guidance of States and NRC in Discontinuance of NRC Regulatory Authority and Assumption Thereof By States Through Agreement." Agreement States need to ensure that the Radiation Control Program under the Agreement remains adequate and compatible with the requirements of Section 274 of the Atomic Energy A :t and must maintain certain information. NRC conducts periodic evaluations through IMPEP to ensure that these programs are compatible with the NRC's, meet the applicable parts of Section 274 of the Atomic Energy Act, and are adequate to protect public heath and safety.

Submit, by (insert date 60 days after publication in the Eederal Register), comments that address the following questions:

1. Is the proposed collection of information necessary for the NRC to proporly perform its functions? Does the information have practical utility?

2. Is the burden estimate accurate?

3. Is there a way to enhance the quality, utility, and clarity of the information to be collected?

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4. How can the burden of the information collection be minimized, l including the use of automated collection techniques or other forms of information technology?

A copy of the draft supporting statement may be viewed free of charge at the NRC

{

Public Document Room, 2120 L Street, NW (lower level), Washington, D.C. OMB  ;

clearance requests are available at the NRC worldwide web site (http://www.ntc. gov)  ;

l under the FedWorld collection link on the home page tool bar. The document will be I

available on the NRC home page site for 60 days after the signature date of this notice.

Comments and questions about the information collection requirements may be directed i

to the NRC Clearance Officer, Brenda Jo. Shelton, U.S. Nuclear Regulatory ,

Commission, T-6 F33, Washington, D.C.,20555-0001, or by telephone at i 301-415 7233, or by Internet electronic mail at BJS1@NRC. GOV, J/ -

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+ Dated at Rockville, Maryland, this 6g day of ^v'. . 1997.

4 For the Nuclear Regulatory Commission.

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'GrenoaNo. Sh' ltorcNRC_ e Clearance Officer

/ Office of % Chief Information Officer 1

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RULES and REGULATl2NS Trns w. cesArTsa t. cos>< sw rioew neoWLATIONS-sng 4SV

, y:nnussamans=mmasugar k COMMISSION NOTICES POLICY STATEMENTS AGREEMENT STATES as PR tese Pub.l. $$-373 which wH enactr in the would be compellble with that of the P*lmed t/ tate 1 form of a new secuen to the At% ale NRC.The criteria were circuleled B H a u w 1/st'et Energy Act (Secuen 174) end approng smorg Stato. Tederal esencies. lsber by the Pruldent en Serrtember 88.1363 and Industry, and other Interested Amended by Pt subimed 7/ts/sg $f0Vpe lot comment.

tat F M asteel and 7/21/e3 las en and arnended by Pub. L ($.004 33378) opproved November 8.ters.nue 4. De criterie tequtre that the $'ete criterte are intended to indlute factore authoJy censido the total accumuloud which the Commlulon inunds to occupationalradiation espesure of Criterne for Outgenee of States eng 88ACinDiesenunpenee of NRC conaldula appmmg new or amuded indMdualsJo facWuu neh an agreements.They are not intended to appeech.Itle the view of the NRC thet _

A*puletery Authority and Anaumption an os erell rediedon protection program Thereof by States Through Aprooment limit Commlesion disention in viewing individual egnemente or amendmente. le destreble.De maximum ecope of A4swev:U.S. Nuclear Regulatory in ascordance with these etetutory esch Siste's todiation protection Commlulaa provisione, when en agreement betwun proprem ia not however, e necessary or Acteeee Statement s,f polley. e Stote and the NRC le effected.the opptcpriato subject for ocierage.in the Comminion wul disconunge lu crania. Conuqun0y.b criada em suesesaart The Nuclear Regulatory ellent on the quntion of whether a State regulatory authori Com, alulen h,as d en, no o,fo,. mo,e Jtbwithin fonowasthat State shouid heve a iotai re,21eio,y ,rog,as

, , , , , re, vise,e

, ,its sta,t,ement meterials: byproduct meterial H defined covering all sourus of tadleton, to d in discon uance of ' bddng has not subjecHo cetrol by f oc e,uia .

a suuanneD(of (radioteoto a), yproduct bmeterial Act se the NRC under the Atomic Er.ergy Act 4 assuseptfee of re eo su ority b d' "" * *** I ' ' " ' '8-d*fl"'d I" '"'"13'91'I b ^*' "'.h "(*!!!

"'Y' sieIw through "fement g nie nuo!to taul e or westes). source material  ! Due revised critada provide for (ura um and thorium),specialnuclear , i 1*g htc. an agreement for e a to the eta er L parato category of meteriala.namely, ements for low. metniel(uranlum 133 utenlum 235 and States to enter into level wsole oal

• an N" "I"I I" 9""800" "N '"E**"I N '" "" * "' " E"""""I form a critical rom and pumenent dispos al fac!!stles. They also previde

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d inco$ tothe disposal oflow. lent westa conutning new criterie for Statu wishing to brasduse$TED e$1 tionControl one or more of the materiale eten d continue regulating utenfum and thorium Act of19736 AdopUon of this polley w(U above but not kluding mul tallings, processing and b wutes resulti.3 a3ew latmeted States to enter lato L An egnement may be effected thustrom under b prodstons of the ole with the NRC and gal Wenim meninge Robdon Control lo al weste altu only. Ad$done betwun a Stak and MO 0)upon eartificadon by the Govemot that b Act of 1s?g (Pub. l. e5-404) after those States that meet the criteria for November 3. test.ne revised critede the sepuleuon of uranlure mule and Stak has a program for the control of redlettoa basards adequate to protect also conteln a nurober of editorial changes such as changing AEC to NRC taulage oano auth er bee esercin sources reguletNprovidedthe public beelth and ufety with rupect by the um Mil!Teutnge Redietion to the materie's within b State conred whm apptgriek to ounform to presut e d a to e or q u shuMaus eMe med et tfo e'nt7 F"Ponalbility for such materiale:yand (2) entnia or obt espects of the NRC reflecu kae foDo rincip 1 e$"8"'- Fednal. State Relations Program should L Modiftrados twien 27 to after a finding by the Commluton bt the State program la in accordance with be eddroend to b Offlee of 8 tate allt w a Steu to mk en a essent fo, Programe. U.S. Nuclear R atory the regulation oflow levefwesie as a the requirements of subsection o of eacton 274 and in all other respects Comm!nlodethington A 30668.

separete category.

L laclueton of additional criteria for compeuble with b Commlulon's Crttadas Statw wuh.'ng to continue regulating program for the reguleuen of such Objecuves urarduse and thorturn procesoors and materials, and is adequate to protect the a tu tallings after Noumber 4.13tt. public beslth and safety with reyect to 1. Protect /en. A State regu! story the matulate coyn;d by the preposed pro 6 ram shad be dealsned to protect the

. 3. EdJtortal and clarifying changes to anske the statement current, agreement it le also neesnary that the health end safetv of the people agetast State have enab!!ng legisleUon redsadon hazarde.

Dates: Die policy statement le effective January 33.13st authorishg its Contncer to enter Into Jfodiodon protecuan Sanded, e such an egmmnL Poe Puertwen tieeoandatsoas coartact 3.no original criterie were published lohn F. Kendig. Omco of State Programe' on March 24.1pel 46 FR 2537) aher 'ne emeria were fini ederas a retaartt wt 1.8. Nuclear Re f Nuhington,D buletory Commission.. 30531. discuestonstelephone:

with verloue 301 Stote offic!als and other State repruantatives, to Q8gg8g " g sge g h 4a3-r737, n.., g mi ,,,, ,,,, ,,,,, g,, ,,,, a theweertasy twoonasatioic provide galdance and ustetance to the nni n e a.r er as uA penimni er 5:atoe end the AEC (now NRC)in 7maieewmaadeorsvuuim shan in NckP.

1.Deee crikrie were dmloped to developing a regulstory program which 's sen= aw newei.= us s.= n,essiam implemeat a program, authorised by =G two s.s. w a ns.n.4 ATTACIMENT 1 PS AG 1 September 29,1995

e P2WCY STATEMENTS t

2. $senaleide.ne State regulatoeY sad snentiwt eyeseen) shallbe in authority shallbe authorind in regram shaU edopt a set of standarde ecoordance with 10 CPR 30 indMdual caus to impou additional ' j por protection against re&etion. which ne weste disposel standerde shah requiremetta to protect health and 6h*U spply to byproduct. sourte and include a weste clonification oc.home safety, or to grant necessary pemptione i special nuclear meteriale in quanttues and provielene for wute form, which will not jeopardise bulth and but aufDcient to form a crtuce! sess. apphceble to weste generetors. that le esfety.

3. Un/ form /tyIn Aod;ouca Standards. equivalent to theI centeIned la 10 Cllt Pr/pr Eroluollon of Uses of Aadloocthe It is i sportant to atrh e for uniformity la part 91.

(b land dispon1 of wute receind Matsr/als technical defialuona and tenninology.

part cularly se related to such things he frere)other persone.no Stote shall 13.Pflorfm/uollan of#aaarde end uNts f.f a.casu'ement oc$ redjetion Promulpete repletone contelning Uses. Except/ons. In the prwent state of dose.There shad be uniforndry on ucensing requiremente for land dispout knowledge,it le necessary in reguleting enettmum permintble doses and levels of red 60ective weete receind from other the possession and un of byproduct, of redieuon and concentrations of persons which en compeuble with the source and special nuclear meterials ,

radiostuvity, es fixed by part 20 of the appiloeble technical deftaluone, that the State regulatory authority NRC reguleuens bued on effieleUy perfoemenee objectives, technical require the subminion ofinformstien oro and evaluation of, the potential ap roved rad.auen protector: guides. r, qui.emente end applicable supporting ,

^

. TotalOccupohono/Ro&otion herards and the capabluty of the per or Kaposure. The regulatory et.thority shall sections set fortherrensmonte Adequate financial in 10 CFR(upari et' nder l ponnsor snakriale, grior to hisis receipt is crikdon subset toof the 4 consider the total occupadonal red!eLion terme estab!!shed by regulation) sheU be i required of each wete dispoul alte certain excepuona and to continuing esposun ofindkiduals includirg that reappreisel as knowledge and from sources which are tiot regulated by IIceMee to encore sufficient funds for decontaminadon cloeun and experience in the almic enngy held it, incrun, rnquendy then an. and 8.Kurveys. Mon /toring. Appropriate etabiliseUon of a disposal ef te.In addition, Agrement State fin.ncial increasingly in the future U,ere may be, survere end personnel monitorir's under categories of meterials and uses as to the close supervision of techalceuy arrangemente for long term monitoring whichthereis sufLclent knowledge to compe4nt people are enenualls and maintenance of a specific el e must be e, viewed and opproved by the permit possession and use without prior echieving todiological protection and evaluauon of the hazards and the sheU be made in determining CommInion prior to relieving the ofte OPeretor oflicennd neponelbtlity capah!!f ty of the ponessor and user, comphence with safety regulattras. These categories feu into Iwo groups-S. labels. Sisas. Symbols. liis (secues181(a)(2) Pub.l.97 4281 those meterials aid uses which may be.

desirable to achieve unifortrJty in cempletely exempt from regulatory labels, alpne and symbols, and the centrols, and those materials er.d uses posting thereof. However. it is entritlat in which sanctiotas for misuse are that there be uniformtry in labels, signs, maintained without pre evaluaden of Cnd symbole affa d to radioecdve the individual possession or use. In products mhich et, uansfernd from authorizing research and development i 1E Astulot/ons Coverning SA/pment person Io pmon. or othtt actMtits involvLng multnple y.instNction. Persons working in or of Aodioactive Alaterials. The State sheU to the extent ofits jurisdiction uses of radioactive meterials where an inquenting restricted areas ' shou be institution has people with extensive instructed Mth respect to the health Promulgate uplatons applicable to the shipment of radioactive snaterials, such trainir'J and eapetsence, the Slate riske associated with asposure to regulatory authority may wish to radioecuve materials and in precautions nplaUons to be compauble with those established by the U.S. Department of provide a means for authorizing breed 10 adalmiae exposure. Workers shay use of materlats without evaluating vech have the right to nqunt regulatory Transportauon and other esencies of the United States whon furisdicUon over spec $c use.

authority inspect!cos as per 10 Cf1L tt, 14 Evoluotion Criter/o. In evaluating section it.18 and to be represented interstate shipment of such materials necessarcy continues. State regulations a proposal to use todioactive materials.

duringinspections as spectfled in the regulatory authority shall determine section 10.14 of 10 CIll19.

ngarding transportation of radioactive mourials must be compatible with 10 the adequacy of the applicant's facihtles 8.Stomse.uoensed radioacuve Cf1tpartF1. and safety equipment, his training and anatorialin storage theU be secured against unauthorised removat 11. Accords cad Aeports. The State expenence in the use of the materials l8 tory program sSall require that for the purpose requnted, and his

8. Radioective Wute Dispoul nfdets and users of radioscuve bo proposed administrouve controls. States

' "8 . makrials (e) mainte a records covering should denlop guldence documents for Th n rde l'oUtl e p el abad uposurn.ra&auon use by license opphcants. this guidance radioscuve meteriale into$e alt, water should be consistent Mth NFCIJcensing surnys, and disposelo of materials:(b) end sewer, and surielin the soll shall t,e and repletory pides for various in accordance with to Cf1t port sa kee[8 2*lerielt:Ic)nporI recordsalsnificant of the receipt andcategoriestransfer of b.cented actMtia2.

OI Holdm of tod'oecove meterial desiring incidents involving the meterials, u 18. Human Use. The use of radiorcuve to releen or dispon of quantidos or 7tescribed by the replatory authority; materiale and todieuon on or la bumans concentretiene of radioactin meteriale .

d) make evettable upon request of a drU not be permitted eacept by in encsH of prescribed limits shall be en mployn a nport or the p*% < dah!!ed required to obtain special poimiulon mpku) expnun 2 re&auende) at caud ysicians)persons posussing (normally from the appropriate regulate y request of an employee advin the prescrib minimurn, experience in the cunhority, use of radiolsotopes or radiatierk R*quiremente for transfer of wule for employee of his or her annual radiation the purpose of ultimate dispoul at a exposure: and ff) Inform nch employee f3,p,ggf,,

land dispoul facility (weste transfe, in writing when the employee hoe recefved red >ation expoeure in encese of 16 PurPo**.INQUe

'%eemed mr me up em .. .. to the prescribed hmits. Possession and use r ?CY.%

radioactive Wea se eenvet;ea t. use been .. e we per e 1L Additiono/Reguinments and materials sha!! be subject to inspecuen famplions. Consistent with the overaH by the reguf atory authority and sbau be

.NNe'eI"ufuNSY 'Ie'.E4"  ;.et criterie here enumerated and to subject io the performance of testa. se am eken nilnsa.a. ur ..e c requind by the ngulatory authority, enam eme e u, wie ews n e secommodate special caus or m'aeabe%We aws be ut epart es e ree ceied circumstances, the State regulatory intrection and tesung is conducted to

• • • - deterrt.ine, and to assist to obtaining.

Septemiset 29,1996 PS-AG 2

POUCY STATEMENTS  !

semplianos with regulatory of eeslee6en andlaepection of allof the Sperio/ Nuclear Afster/ct. Source mentesamente. verloos sees of byproduct, source and Moseriolond Tr/r/um

(- fregener of inspection shall be estated diesesly to the enount and kAnd special avelut meterial which might come to the resulatory body should have gg,co3gjgj,3,Appffco3/,j,sp,cief Nuclear AfoterioL Source Afsteriolond ,

of mensstal and type sloperaties substantial tralning and extenelee Tr/uurn. Nothirig la the State's hesaaed, andit shall be adegeene le emperlence la the field of todieLion inun semplianos, protection.lt le desirable that such a te!u!

th duuesstory progrun impcsed on the shellinterfere holder of the with

17. inspesuone Compulsory.1Joenswe person have e bechelor's degree or meterials by the NRC. for example, the shall be under obligation by law to equh slent in the phyolcal or life duty io reprt ta the NRC.on NRC preside eccess to inspectore- sciences, and specific tralning-tedietion prescribed forros (1) tranclers of special 6 13.Notificeuon of Asas/f8 of protection- nuclear material, source material and

/nspection. IJceenn are eeuded to be  !!le recognhed tbat there will also be odrised of the results ofinspecuena and pereorit in the program performing a tritium, and 'uclect

12. 5pec/o 3 periodic Af0fer/olinventohe. data.fened.

to notice ea to m bether or not they are in more lim!ted funption in evaluation and $pecial riuclear materlal in quanuties comphanos. Inspectiott Wese persons wi!! perform not sufficlect to form a critical mess. for Kaforcement the day.to-day work of the regulatory present purposes means utenium proprem and deelwith both routine enriched in the isotope W235 in '

19. Enforcement ponnsion and use qantities no' exceeding 350 grams of ettestions as weU es some which wiU be ElradioactJve materiale should be out of the ordinary.%ue persons contained W235. tranium 133 in t amenabh to enforcement through legal dodd hve a bachelor's degree or quant!Ues not exceeding 200 grams:

sancuono, and the res letory authority equlvelent in the physical or life plutentum in quantitles not exceeding Aall be equipped or suisted by law he WMyeles, and 200 g*ams: or any combinetton of them with the necnury powers for prompt approximsuly two years of actual work enforument his may include. se esperienu in the field of radieuen in accordance forinula: For eoch kin.1withof specla the followin$

sppropriate, edrainistrative remedies protection, nucleer material, determine the ratio looking toward issuance of ordere De foregelt. are corsidered between the quantity of that special requitsng affumeuve action or desirable qualibcations for the stafr +ho nuclest material and the quantity suspension or revocation of the r4gI to will be responsible for the actual specified above for the same kind of pouns and ne materials. and the erformance of evaluation and special nucJest meterlat %e surn of "

impoundingof meterials,the obtaining fns ecuen.In addition, there will such tatios for all of the kinds of special of injunctive telief, and the imposing og pro ably be trainees associated with the nuclear material in combination should chu or criminal penslues, uguhtwy program wh w0l han.or, nct esceed "1"(i.e unity). For example.

Personnel academic bec) ground in the physical or the following quanutles in combination

20. Quohficolions e/Regulofory and III' 8CI"CH 88 "'U H '8' Uni'"'8"I' would not encui the limitation and are of specific tr61 in todieUon within the formula, as foUows:

Inspection Personnel. %e regulatory agency shall be stafled with sufficient protection butlitt e or no actual wo treined personnel. prior evaluation of experience in thie field %e teckground 175 (grams enntained U.235) e f applicatione for licenns or and specific tralning of these persona wullndicate to sorre extent their J50 authortsstions and inspection of leunsus must be conducted by persons potentlei role in the regulatory program.

pounsing the training and esprience %ese traloen, of course could be und $O (graos U.233) , $0 (grams Pv) ,g niennt to the type and level of inluelly to enIvete and inspect those 200 200

,edioecey in u ,,o,osed use io be arriic iiaa art dia cilv = ieri i-evaluated at d inspected.%Is ;equires 'h a der n,s)p "

d fThis uture definttien Commissioniseeetect to change by n

standpoint for example. inspution o[ regu!stion.)

oe alrYd ole a[ Mministrerlon-(noclated with a many uses of industrialgauyn, small rueerch programs, an a diagnosue med. cal r:dioactive meterial and includes ein experience and r15.nte prnticea for assuring the fair programs. As th concentretions of radioactive meterials and impartial administr:Uon of in eir and water, conditions of shielding. y'"hp""

, ,g' g regulatory law. Including provision for the making of radiaUon measuremente. more com}es or dif cult types of public participation where appropriate, knowledge of tedietion instruments- should be incorporated in procedures ediosetive material applications. It le thelt selection. wee and calibretio" desirable that such trainees have a I'"

laborstory dn!gn, contamination tu or equinient in the * """I* U'" '""'" 'I I "#"I control other general principles and buhdor's physical or lidefe sciencu and specific N' or durin8 8pPlicadone

'fAFFrorin8 proctices of radle Lion protection, and training in radieuon protection. In tse of management controls in esauring I r linnses or authorisaton to possess

- determining the to utrement for adheter.ce to safety procedures.In order "" *

• U " "' *1 " "

academic tralning f individuals in su of "" c.'T.1f t:g disciplinary acusas agalnat is enluate some complex cases, the the foregoing categwin propu State regulatory ete!!may nnd to be g"""'

s pplemented by consultants or other . considereuon should be sinn to equivalent competency which has boa Arroisernents TotDiscontinuing MC State agencies with expertise in geology, gained by appropriate technical and furisdection e d7 sci 1 To perform N functions lavolnd in m

" It1e

'* Yc r tt 1 c"In d 5ah h*,'*g#(* hey Desgnotion. De

.e,ovann et

,uocoonee e,elueuon ete.riale andsa in,, noon. une are qr)a their u neie will hm au unifn' - -

ei e,e be.w ins,nuo,oiis rmonoa desi,ebie educaied and - win , equi,e suiu, mod itxcg g = a" ,a,dd ts, W gtne trained to the physical and/or life experience la the different dise.jplines sciences. locluding biology. chemletry. b uld

• which will not always reside in one authoritbThphe osalnst [r suk u physics and t ogineering, and that the person.De reguhtory authority should beensing by State and local autho:itin' personnelbeve bad trotning and hm the composite of such stills either and it may be dultable that there be s

' (. expuleoce la rediation protection. For emaaple, the penon who wn!be respomelble b actualperformance in its emple'y or at its conunend. not only for routine functions, but also for emergency cases.

sinsle or central 25 Lis.'/4 M rh4/ censes andulatory authortry Perdir's Applications. In eflectina the ps. A0 3 September 41995

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I POUCY STATEMINTS diaertinwn= of teleasuse, e%14 he made fwthe metameuen w eeer bondedusvity bee appropriate attengement will be made reseme of Stew besasse been pwfwmed, funds tw the pepen '

by NRC pd d. Ste's to easwo that beinenis eennestemwith we ad b be heefwed k 6e FWwd '

there willbe neinterferones wie er set.sf. operouses by. Government.De funde esbested by to laterrupties of Hoensed estMees er the tiene er geenees. State shaE be eufholent W eneum presseetne of heense appliesuena,b es.Mt Ahparweniel esoplianee wit the reguleuses the reason of the transfer.For esemple,y see Convoetwo.De state should Commtee6en wiebhebes pwomant to i appreesh f.ileht be that the Siste. in enempueneist NRC and DOS Seeuen181X of the Atente Energy Ast enuming friedisuen sound seeegales d. In the lawnew of beenees, en '

sentreeters whleh are substandallF ord sentinue in effect for en equivalent le the following esemptione! spputunity fw wMiten assunent.  !

- erprepdate perled of time under 9 tete e. prime sentreetere perterming work public heartas (with transenyt) and le w. emleting NRC lieeuse. including get the pog et UA Government owned }

licenote for which timer sseliesuene e,es i,ogieg alg a erwe esamination e, gn the gaueue, er le tobtred.

e 3 for rer.ewelheve been filefemespt b. prime mesmetere perforslag ver:titn dmmination of the oeuen le be j where good seuse warrants t.he eArt!N meeer,ek la, er development. ,, laen b i ma u ,etu,e. st,,e, . tesun,. du,in, .e. J.upon

,, ue somm,,tevidense e,ted ad prwented  :

p*eaammause.wiere=Ue of o

1. "iew,n, nue,si -p-aua.e,3*

""Ql,enewm plag w epmung d *a- " **?* ,,*,.e*)* * ***' ,ad~ a i Geirrwent eat 04Aersietes. mee cheuld be en intercheese of Federal and nuclear reactere er other nuclear - 'funafmensenseussenWm o emnes n __

en emessen es, _

Stateinformeuen and sulatenee in deWm in a U.S. Gewwnsent owned tennertion with se inuense of vehicle or vweek ang 3. An opportunity shou be provided i' teguistione sadlicenne er d. Any other prime sentreetet er .

Iw public perusipatim though WHHee eutherlestiene,inspecuen oflicensees' sommeste, ,

subcontreeter of DOE er NRC when the ~ r" low ofIso- r*public heartage, and judistal

. and reperung Bute and the NRC)elati determine (i) trainings,fincidente and educeuen and vietettow'.

problems 30. In the enactment of any supperdag 37.Cererste. Astadmenas, that, enenM under m h th.e a ww terme of Es legislausa, sentreet er should take late the State

/ter/ pres /fp An agrwnt pmv! ding for aseount the swerveuene of authority to esewanes that the work rounder ens .

, diesentinuanee of NRC regulatory be swomphahed without undw rkk to the U.S. la UnffRCA as stated in le CPR

' sotherity and the soeumpuen of the pelle health and safety and (U) thol 18 ease and summarised by the )

to esempuen of such sentractor se feuewiegt rpele m W any me or men of theetwy autherty subtentracter by the State meF is autherleed by lew. a.no establiebneet of alaimum  ;

foDowing astegories of materials wtthis staaderde Severnia6 reelemallen, the State, as oestemeleted by public Additional Criterte for Statee Regulating term survenlanes er emaistenense, ,

l Law to afs and pubbe Law 6Moei Ursalum er Thorium presseeers and evne,ehlp of the byprodust malarial i

s. 3)predest materiale as deAned is Westee Resulting Therefrem After b.m determineuse that seter to the

! soeusa11 ell)of the Act, November 4.1885 krainauen of a license, thelleensos hae

b. Byproduct meteriale se de&ned is semplied with decentaminaties. )

l Suivhe denomadeelening and reelaar.Ues tesuaalle(8)bf the Act. 3g. State statutes er duly promulgated

s. Seures materiale. standards, and ownership requiremente l

d. Speelal sucJear meteriale la regulauene abound be ensoud.lf not for sites at wh!ch bypresuet materialle  !

quanuties not sufBelent to form a alreed la plees,to make clear State ,,,,,,g, estuaal mesa, auth to carry out the requiremente ' s m mquirompt est prior h

e. Law level westes in permanent er publi law eMot. Uranium MID krinhdes d any hwnee fw bypredet die 1 feelliues se deflud by atetute Tallings Radiagon Centrol Act meterial se deAmed la Seeses 11s.(t), of er sales rulee er regulations (UMMCA)as fouewer the Atosde Energy Aet er for econalains ese er more of the materials a. Authority to regulate the tauinge er acuvity that resulte in the en of stated in a, c. and d above but act westee produced by the e traction et - such material UUe la su including byproduct material as deltaed consentration of urenlum er thorium meterial and the disposal elle he  !

In Sessee Ste(s)of ths Aeg trem any ero pressesed primaruy for lie tremferred to the Federal Government but sauet relate to the whole of such eeures material oestent er State et the opgen of the State, setegory or esteseries and not to a pest b.Det sa adequate surety (under of any estegory.*1 flue than the eve krme establiebed by reguleuen) will be provided to termineuen sucho ef the lleensa, den to exercised pr estegories am included la any provided by the licensee to secure the d.m authority to require such diesentinuanes of jurledicusa, sempleuenof aumquimmente sooniter!ng maintenanos,and Cesentiseense of NRC regulatory esubliebed by the (cite appropriate emergency measures after the llosase le t authertty and the assumpaan of State esency) for the decentaminauen* wrrnineted u amuu k protut es tery authertry by the State of the deoeevalesiening. and reclameden of public beelth and safet for these I '

c may be seeemplished oltes, structures, and equipment wed la materiale and property which the l

subseqwnur by an amendment er by a eenjunction with the genmties er State has assumed cutedy pursuant to later ,g dispeest of such byproduct material pub 1 D M 04.

N agreement may incorporate by s. lfin the Stoke'lleenslag and e.De authority to paredt use of the refersnee provtalene of other desuments, reguleuan of byproduct maktlel er of safece er subsurface estate, or both of l lacluding thee artierta. and the any e:tivity which produces byproduct the land transferred to the United States agreement shall be deemed to material, the State eaueste funse from er State pursuant reder previelen v. the i Inouperate without specific referense .- . the41censee or its surety for lens. tern Urardum Mill Redietion Telunge Centrol the stevtalene of pub.L 8Mrs and pub, surveillance and maintenance of such 3,g, j L 36 404 and the miewd provklene of material the total anaunt of the funde f ne authority to enempt land the Atomk Energy Act collected by the State shall be ownmhlp trenefer requirements of treneferred to the U.S.If custody of the Section s3(b)(1)(A).

'A seu =b sh dose wi =thh ie e.*** byproduct meterk! and its disposel elle

,,gi, [e forable that State etstutes 31.1t l N"iNUiYrNeYeetfet ibe Atenne Bassey Act se amenses. ehet t.mmbw le treneferred to the Fede:al Government upon terminellen of the Model Act,frevhku d Secuen e d tM ut the following may be '

I '

- a was swesent w Pwn.L es.coe mer eeue Stote ifconse. (See to CF14180.32.)If es accompluhed by adepuen of either ggawee m we default has occurred end the precedures by reguletten er technical  ;

i r

September 20,1996 pg AG 4 i

l-L .

l

_,_,d

=- _ - -, . - . _ . - __ -. _ _ - - . -_~

POLICY STATEMENTS triterit in ery usa, authority for their agency assusment of the proposed esperience in tediation pre;ection 1mplementatten should be adeqwlely prcject is not edequale or appropriate. necenery to evalua's the enginering

( supported by statute, segulation or tese law se detumined by the State Attomey rionever,the lead esency may propan an environmental unsement band and ts&olo5i cal ofety esputs of a uranium concentrator. Currcat j General. upon an opp!! cant's endronmental bdic.:tiota are that 3 to 175 total ,

le the licensing and reguietlen af ores report. Other cre6ble inferination may profeastenal penon yeare' effort le processed primanly for their source be stuired by the State as long es such t.seded to procus e new connouonal eneterial content and for the daposal of informationis verified e A documented miu license, in situ licenas, or major byproduct matettal procedures shaU be by the State, renewat to meet the requiremente of established which provide a written c.When a lead egency is doignaud. WTRM We nuinber todudn the snelysis of the impact on the that agency should coordinate effort for the environmental asonsmeat environment of the licensing activity. pnparetion of the statement.no other and the in. plant oefety review. it eleo Ele snelysis sheU be evaUeble to the agencies involnd should provide ladudes the use of consultanta.Heep public before ccsunencement of asststance with respect to their ares e of leach applications may take Im tisme hearings and shallinclude:' lurisdicuon and expertse.Tectore ar.d is expected to take 1A to 1.8

e. As anenment of the tediological relevant in obtelning assistance from professional suff years' eBort, cnd nonndfological public health other agenclu incJude the opp 11 cable depending on the circumstances imputa; statutory authority, the time sequence to encountered. Current indicauons are

b. An enenment of any impact on which the esencles become involved, that the person yeare e5crt for espport any body of weter or roundwetert the magnitude of theirinvolument,and and legal services at.ould be one

e. Censideration of alternativu to the relative expertin with respect to th, secretary for appron.imately a teennd activiun; and project s environinental e!!ecta. convenuonal mius at.d % staff years for d ConsideteUon of long term impacts la order to bring an environmental legal servien for each monoontuted alli of licensed activities (see item 36b.(1). essessment to e setlsfactory conclusion, cese.The impact on environmental monHwing labmbry npport emicos Aeguleden, it is ihigh[toc recommendedt be develo that en l'Jtlel is 6fficult to esJmete but should be at State regulatione should be l,((,P nrl delirNtYs the eres aked d scope of which added into the penonne! requirements.

reviewed for uguletory requinmenta, work be performed by och egency in addJtion. conalderauon abould be and when nemsery incorporate within a ptvon tiene constraint. "" * * * 'I'8 ' 8"I* U * *""8 P 8*

repletory lenpose which le equivalent finnsing ongoing neuvuju inclueng the

d. For thou ereas la the inuann of minw amendments, to the extent pro cucable or more environtsental essessmert where the stringent than repteuona and standards inspetions, and environmental State cannot idenufy a State e8'n'I adopted and enforced b the survetUence. It is estimated that these Ceaunission as requitetf by Seu.es acuvities may te autre about 0.5 to t 1760 lue 10 CFR 40 and 10 CFR having N," safDclent

'[,fg'Q,'t 'P houlfs'n" exp)eruse penen to yeare adequately effort perlicensed faciljty I"3N provisions for obtalning outside I" U"' O' I'"" O' **" I"

• Orsonleo#cna/ AelodonsA!p li'ilAln consulting aervices. In those Irmances

-t the States where non governmenstal consultents

[8['dein p' erYo [1ecNiden

{ 'g.mCA are utilized. procedures should be b. In evaluating license applications 33.O anlieUonalrelationsh!

established to avoid conniet of interest should e estabhshed which wi[e censistent with state law and

t. State shallhave eccess to necessary prodde for an e!!acuve regu! story ,g gi,gni,,, , .

program for uranium mille and mul admirdstrative procedures, hydtdogy. geoh ry andnddegiul dam ufe%

hiedical consul ants recognited for construction and opereUon.

teUmss. their expertise in err:ergency mettel

a. Charta should be developed which in eddition to the personnel sh3w the management organinsUon and matters such as the Oak Ridge and qualincauons listed in the *Culde for llanford National!.eboratories, relating Et alwation of State Radiation Control knn of authority.This chart should to the intake or uranium and its define the spectaclines of supenision Propams." P.evision 3. February 1.1980, from prepam manegement within the die;nosis thereof associated with the uplatory staffinvolved in the redieuen control group and any other utardum minir.g and mjutng should be - regulatory pracess (Radleton) should department within the State responsible 1dentified a e sue to the State for ggg g g ,g

' "' During the budget prepareUon. the eelth Pb): ca and E.nvirenmental to po si g and p e1 of State should allow for funding costs tethres.When other State egencies or '"p',8(Q,,-lin

, agencies other than the regional offlus are utilised, the 1.nes of incuned by the ou of consultants.In add lud egency are included in these total communiceuon and administradve nasultants should be ava penon par numbers. If other agencies control between the esencies and/or an counted in these numbers thenit sesions and the Propem Director should be clearly drewn.

geuraor en(em r a neles ele expertlee Y'

which shall be demonstrated that then personnel wiu be avausble on a routine b These Ststea that will utthis 7,f,onnel and continuing besls to a depn personnel from othat State Departments claimed as necessary to succenfully or Federal agencies in preparing the Pusonnelnudedin the tonning of 0.e Ucanse appiluton comply with the requirements of endronmental unsament should UhinCA and then crituta, ne designate a lud agency for superusing identified g,p,wgn, ,yjor fts:TechrdcatroupeJ ectording to th9 for maura such resources arrangements aid coorditaating preparation of thle Admirdstrative; and Support. avausble shallbe documented, such as enironroental onessmenL !!is a. Admirdstrative personnel are those an interogency memorandum of ecrmelty expec.ed that the udiction p,.sens who will provide interr.al understanding and cort.rmed by control og ncy m ement Stales will p.yn 7.fr memoranda.nviews and budgetary cost centers, s'e'"3ed's"se?ey is ,eq M"o*'" 'w*'*a comp.stion of=aaarr a a'=

the licensing netloa.

recu- rae covce 35.no Stain should develop re the environmental assessment Support personnel are then persons grtgauen tf of an opphcent s who prodde ucntar41 cluiul procedures for licensing. inspection, a d .

environmentalreportinlieu of alead s upport. legal, and labontory serWees. pnpusuon of envirorcental I Techn: cal personnel are those assuomu'ta.

d,",[,7,$ y C **"" ""d *1'"8%

individuals who heve the tninly and (1)lJeensir;g evaluations or PS-AG S September 29,1995

POUCY STATEMENTS annements should tr.clude injlant (e) Ecology; In8frvm'niction ndiological safety sepects in (b) Eavironmentaleffects of alte 36.The State should have avausble occupational or natricted anos and pnpareuon and facility construction on  ;

both fleid and laboratory environmentalimpers to etione b environment and biota: Instrumentation sufficient to ensure the annstricted onee frca th ant. (c) Environmental effects of use end laenne's control of materials and to (211:la expected that the tais w0l discharge of chemunis and fuela: and validate the licensu's measurements, review, evoluete and provide (d) Economic an. social e!! acts, s.The State will submit its Ust of documentation of these evaluations. c. inspecuane Instrumentation to the NRC for nyiew.

Items wh'ch should be evaluated on: Arnngements should be made foe ya Propond actMtles: be(1) As ora included laspected min! mum.

during theItems which should calibrating such equ!pment.

Pi scope of proposed action: inspection of a nranium mil: thould b, Laboratory type instrumentation i ci specific acuvities to be conducted; adhere to the items evaluated in the in* should be cvailable in a State agency or I d) Administrative poceduree; plant safety revlew.The principalltems through a commercial utvice which has e)Factitty ergen!ntion and recommended for inspection are: the espabihty for quantitative and tediological safety tveponsibilities. (a) Adrainistration: qualitadve analysis of radionuc!! des esthortues, and personnel (b) Min ctreutt. Including any enactated with natural uranfrn and its guahfheatione: additions, deletions, or circuit changes: decay chain, primarilyt 4234. Ra 226.

(f) Licensee sedits and inspectione: (c) Accidents /lacidents: Th.320. Pb 210 and Rn.222. in a variety (g) Radletion safety training prog *ams (d) part le or equivalent requirements of sample media such as will be for workers: of the State: encountend from an envirofunental (i) Radiados safety program, control (e) Action taken on previovs fladings: sampling pergram.

cad monitoring: (f) A mill tour to determine Analysis and data reducuen from (i)Rutricted ans markings and compliance with reguladona, and license labora tory analytical facilities should be tecen controh condluons; evallable to 'he beensing and inspeetion (j) At enjet!ng mills. review of (3)Tathnas weste management in authorities in a timely manner, monitoring esta, exposure records, accordance with regulations and beense Normally, the data should be avausble hceues audit and inspection neords. conditions (ne NRC Reg Cuide 3.11.1); within 30 days of submittal State cod other ncords applicab!e to ex.!stics (h) Records: acceptability of quality east ance (QA) culo; (i) Respiratory grotection in prognms should also be established for (k) Endronmentalmonitoring: accordance with heense conditions of to the analyucallabontories.

(1) Emergency proceduns. CTR Part 20, c. Arrangerunts should also be a red!ological: (J) Effluent and environmental (m) product transportation; and completed so that a large number of monitoring- sam les in a variety of sam le media (n) Site and physical decommissioning (k) Training programs:

proceduns, c'.her than tailings. resu ting from a mejor act) ent can be (1)1rensportauon and ahlpping: anal ed in a Ume frame that will allow (c) Employee exposure data and (m)Intemel review and audit by bloss:sy programa. time decialens to be made regarding management health and nfety b.Enviromento1 Anenment pabt fnl Exit interviews and d. Arrangements shouIt he made to }

1)The environmental evalvauen sh(ould consist of a detailed andthelo)resulta Final written report documenting of the inspection and !!ndings Jnmental harticipate in the Envl:tection Agency quality assurance documented evaluation of the fo!!ow.ing items: on each item. program for laboratory performance, (2) 'n addition, the laspector should (e)Topegraphys perform the following ibl Geologyi (a) Independent surveys and c) Hy(.rolcgy and wetar quelltYi sampling.

dl Meteorologyi (3) Additional guidance is contained l eb Background redletlo F in appropriate NRC regulatory and f)Tallings retention system: Inspection guides. A complete g) Interim siebuiution. reclamation- inm. i.en should be performed at least and Site Decommissioning program:

Ih)RadiolegicalDoes Asussment; oxe rat war.

d,0;crat/onclDotalleview

-1) Source terme (1)In addition to the mporting

12) E.sposure pathway requirements mqdred by the reguletione 3' Dose commitment to individuals or licenn cond!Uons, the beenne wul 4L Dose comm!t:nont to populatfor.s submit in writing to the regulatory 5 Evaluation of redlologicxlImpacts within to days after January 1 3

to the publie !: include a determination and ly 1 of eoch year, reports of cornphanu with Etate and Federal spect the quantity of uch of the regulations and comparisons with princi edionnelldes releued to background values unrestricted stree inliquid and in to Occupatlocaldo.e 3assus effluents during the previous six P)) Radiologicalimpect to blots other months of operauer6 This data shad be than men reported in a manner that wul permit the (s) Radiological monitoring programa, ngulatory esency to confirm the pre-occupational and operational potential annual redletion dons to the (111rpacts to surface and pubHc.

groundwstor, both quality and quantityi (2) AD data kom the tediol cel and (1)Environmentale!!ects of accidents; non.redtelogical environmen and monttoring program will also be (k) Evalneuen of tellings management submitted for the same time periods and diernatives la terms of regulettom. Inquency ne date will be mported in (2)The Steles are encouraged to a mannet est wiu snow the ugulatory examhe the need to expand the ecoP* egency to conform the don to receptors. ,

of the anenmentinto other areas such as:  !

SeptembM 29,1995 P84.3 6

I f Ted:ral R:glster / Vol. 40. No.15 / Friday, hinunty 23, 1981 / Notices 7540

$'gned et Washirsstun. D C., this toth day and amended by Pub.1.05-004 National Advisory Committee on opprnved November n.1978. These oflnnuarytyat.

Cccupational Safety and Health; Full criteria are intended to Indicate fat. tors ruta singham.

C1mmittes Meeting and Subgroup which the Commission intends to

~

Auiennt Scen tory ofLu!ar, Meeting cimsider in approving new or amended pa n. st p is pa,J i.:dat man.ml Notice is hereby gisen that the ngreements.They are not intended to mais coes estws.u limit Commission discretion in viewing Nallon:1 Advisory Committee on '~~ ~~ ^~

OccupItional Safety and llcalth indisiduul agreements or amendments.

(NACOSill will meet nn February 25-27 HUCLE AR REGULATORY In accordanen with these statutory tunt et the Frances Perkins Department COMMISSION provisions, when an agreement between cf I. abor Duilding. Room N4437. Third a Stato and the NRC is effacted the Street end Constitution Avenue.N.W.. Criteria for Guldance of States and Commission will discontinue its Washincton. D C.The meetings will NRC in Discontinuance of NRC regulatory authority within thut State begin et U 00 a.m. the public is invited in P.egulatory Authority and Assumption over one or more of Me following ettend. Thereof by States Thro, ugh Agreement matedals; byproduct material us definml The National Adv.sory Committeo ActNcy: U.S. Nuclear Regulatory in Sectior.11c(1) of the Act Commission. (radioisotopes). byproduct material nn was e:tubbshed under Section 7lal of the Occupational Safety and llenlih Act acnon: Statement of Policy. defin :d in S~. tion 11c(2) of the Act (mill tailmgs or %vtest. source materful of 1970 (29 U.S.C. 656) to ads isc the suuuanyt The Nuclear Regulatory Secretary of Labor and the Secretary of (uranium and thorium). special nucient liridth. F.docation and Welfare on Commlulon han revised its statement of material (uranium 233. uranium 235 and maticro relating to the ndministration of policy regarding criteria for guidance of plutonium!in quantities not sufficient to States and NRC in discontinunnce of form a cr Mal mass and permanent the Act.

NRC regulatory authority and disposal of low. level waste containing Wedncaday. February 25.1981 wdl be t'rsoled in Subproup meetmp The assumption of regulatory authority by one or more of the rnaterials stated States through agreement.This action la abnte but not including rnill taihnss.

Subgenups will discuss:

necessary to mnke editoriul changes lo 2. An agreement may b9 cIlocted between a State and NRC; tt) upon update the policy statement, to allow 2 :1 1h f to of New Energy States to enter into agreenients for low

• certification by the Covernor that ihn Tri hnnigrs.

3 tniarmaiam Sptrms for NtOsti/OsitA level waste only, and to incorpnrate the State has a prngram for the control of provisions and requirements of the radi.stion haturds adequate to protect enonty setnris Uranium AhllToilings Radiation Control the public henhh und safety with respect

.t he agenda for February 2n and 2 ' Act of inia. AJnption of this pohey will to the materials within the State covered wdlinclude reports on OSilA and nilow interested States to enter into by the proposed ngreement and the NIOSil actisities, a discusC.on of repeat gn.cr.cnts with the NRC and regulate State desires to assume regulatory siolations, and dacussions of otht low.lcs el waste sites only. Addittunally, responsihthty for such materials; and (21 ufety and heahh matters relating to those States that meet the criteria fn' uiter n (mding by thn Commission that OSilA and NIOSit . .

the regulation of uranium mills and the State program is in accordance with Written data or siews cancernmg tailings may esercise regulatory the requirements of subsectiun o of these nxenda items may bn submnted to authority over these sources as provided seuion 2N and in all other rmipects the Unision of Cimsumer Affairs. S.ch by the Uranium N1al Tailings Podiation enrroahble with the Commission's doruments which are received befor" Control Act of 1978. as amended. pregram for the regulation of such IFe schedaled matmg dates prefernbly The revisrJ statement of pobry matennis. and is adequate to protect the wnh 20 copies, will be presented to the reflects the following principal changes- pubhc heahh and safety with respect to Committee and moluded in the official 1. 51odifie ation of Criterion 27 to the mater als coscred by the proposed errord of the powceshn allow n State to seek an agreement for agreement. It is also neEcssary that the Anync who wishes to make un nrul the regulanon of low. level w atte as " State have enabling legislation pro sentatsun should nntify the Dnisiun separate category. .

authonzing its Cosernnr to cr.ter into of Conwmer Affairs before the meeting 2. Inclusion of ndihtional cnteria for such an agreement, date.The reyucst should 3 clude the States wishing to continue regulating 3. The origmnt enteria were pubbshed nmount uf hme desired, u..t capacity in urar.ium und thorium processors und on Alarch 24.1961 (20 FR 2537) after which the person wdl uppent and a brief mill tailings after November B.19tt1. discussions with \ arious State officials outhne of thu rontent of tho 3 EJitorial and clarifying changes t and mher State representetives. to presentatiim. Oral prewnianons will be make the statement current. prmide guidance und assistance to the scheduled us the doicrotion of the OAtts:This policy statement is effectn" 9.nes and the AF.C (now NRC)in chairmai. of the Committen to the estent lanuary 23.1981. dm.lo ima a regulatory program which which time permits. FOR FURTHER INFORM AtlON CONTACT; g ogh) C compatible with that of the l'or uddnionalinformahon contact: }ohn F. Kendig. Office of Sinte Programs. NRC.The criteria were circulated U S. Nuclear Regulatory Commission, among States. Federel agencies, labor Clarence Paso. Unision of Consumer Wushinuton, D.C. 2055 3 telephone: 301- and industry and other interested Affairs. Occupational Safety and MN gnnips Int enmment.

llvahh Admimorntion.3rd Street and SmWENTARY *FORMANN: ( Tin: crneria requ re that the State Consututmn Avenun. N.W., Rm.

m a wm deve% m MoS conser h Mal accu nuW N3G35. Washington. D.C. 20210. impicment a progtum, nuthonzed by occupational radiation exposure of Telephone 202/52MC4 pub. L D&3M which was enacted in the individunl( To facihtate such an Official records of the meetings will form of a new section to the Atomic appoat.h. it is the view of the NRC that bc evailable for public inspection ut the Energy Art (Section 274) und npprnved an os endl radiation protection program by the President on September 23.1959 is desirable. The maximum scope of Dwisinn of Consumer Affairs I

f[;ND dh t jyC ". ', -

. . s .w 1; - Ih,}  ; $ N' > g; ~  :,. p.< Q [q;  ?  ;.

c. h.;'icfp,

.:. . n. fQhd. a.q' n v. -

,- y L.w Federal , ,y Register / Vol. 40. No.15 / Friday, lanuary 23, 1901 / Notices " ~ <

' c. %m;

.g ; 3 . _

-%39p;. ';yg;.M; v. y m.. gy l

75jl .

- ~ , . . . . . .

, v.r each State's radiation protection -J r exposure ofindividuals, including that V surveys, and disposals of materlels:(b) program le not, however, a necessary or from sources whlch are not regulated by P keep records of the recclpt and '.ransfer appruptlate subject for covers'ge in the 11. . %/ -

' ofincidents the materials:(c)*ths materials, asreport af grJficant criteria. Consequently, the criteria are S. Surveys. Monljorlag, Ap propria t a ' involving I

slient on the question of whether a State surycys and personnel monitoring under prescribed by the regulatory authority; should have a total regulatory program the close supervision of technically (d)make available upon request of a covering all sources of radiation, competent people are essentialin .

former employee a report of the including those not subject S contrr1 by achieving ra diclogical protection and ergployee's cxposure to radiation:(c) at the NRC under the Atomi. ' shall be made in determinio .

request of cn emphyce advise the such as x. rays, radium, e , compliance with safety te allons, employee of his o. '.ict annual radiation .

5.These revised criti . 6. Labels. Signs. Symbo . It is ' exposure: and (0 inform eack employee -

entering into an agreeme. .w destrable to achieve uniformity In 4 . In writing when.the employee has received radiation exposure in excess of separate category of mr i tre W. labels, !gns and symbols, and the the prescribed limits.

low level waste matcrit i e w T. nosting thereof. He wcVer. it is essential

% ihat thers be uniformity in labels, signs, 12. Addit /ona/ Requirements and disposal f acilities.They ele. 4 o and symbols affixed to radioactive Exempt /ons. Consistent with the overo11 new criteria for States wisha continue regulating tranium W ., products which are transfctred from criterla here enumeratet end to ,

accorvnodate speclai costs et processing and the wastes reis m person to persen.

7. Instr.ction. Persons workir$g in on, C,rcumstances, the btate regulatory therefrom under the provisions of i Uranium Mill Tallings Radiation C r...a. frequenting restricted area

• shallbe authority shall be authorized in Instructed with respect to the hr.sith ' individual cases to imposa addllional Act of 1978 (Pub.L. 9%004) after November 8,1981.The revised criterla risks associated with exposure to . requirements to protect health and also contain a number of editettal radioactive materials and in precautions - safety, or to grant necessary exemptinns changes such as chenging AEC to NRC to minimize exposure. Workers shall which will not jeopardize health and where appropriate te conform to present have the right to request regulatory safety. - veW practice and law. authority inspections as per 10 CFR19, Prior Ero/uot!onSf' ses of Radioact/ro

6. Inquiries about details of the section 19.16 and to be represented - ggf,7j,f, w w

criteria or other aspects of the NRC during Inspections as specified in ,

Federal State Relations rrogram should scetion 19.14 of 10 CFR 19.. 13.PriorEroluollon o/Nomords and

6. Storage. Licensed radioactive lhes, Exceptions. In the present atate of be addressed to the Offlee of State knowledge.

it is necessary in regulating Programs. U.S. Nucler 3ulatory materialin storage shall be secured the possession and use of byproduct.

Commisalon, Washing .D.C.20555. against unauthorized removal,

9. Westo Disposal. The standards for sorce and special nuclear materials Criterla ' the disposal of radioactive materials that the State regulatory authority into the alt, water, and sewers, and require the submission of Information Object /rcs on, snd evaluation of, the potentia'.

1. Protect /on. A State regulatory burialin the soil shall bo in accordance hazards and the capability of the user or om shall be designed to protect the with Pa' eo. Holders of radioactive material desiring to release or dispose of possessor prior to his receipt of the en of the peco's against materials.Thl crlierlon is subject to (

btok'h and safe [t radiation hnzar s, quantitles in excess of the prescribed limits shall be required to obtain special ,certain exceptions and to continuing Radiation Pro! etion Stondon/s 8 reapprolsal as knowledge and permission from the appropriate experience in the atom!c energy field

2. Standard . he State regulatory regulatory authority, increase. Frequently there are, and program shall-opt a set of standards 10. Regulations Covernirs Sh/pment increasingly in the future there may be, for protection cgainst radiation, which o[Rodioactivo Materio/s. The State categories of materials and uses as to shall apply to byproduct, source and shall to the extent of its jurisdiction which there is sufficient knowledge to special nucicar materials in c,unntitics promdgate regulations applicable to the permit possession and use without prior not sufficient to form a critical mass, shipment of rndloactive materials, such repletions to be compatible with those evaluation of the hazards and the

3. Uniformity in Rodiction Standen!s. capability of the possessor and user, it is important to strive for uniformity in established by the U.S. Department of These categories fallinto two groups-technical defialtions and terminology. Transportation and other agenc!cs of the , those materials and uses which may be particularly as related to such things as United States whose {urisdiction over completely exempt,from regulatory units of measurement and radiation interstate shipment of such materials materials and uses dese.There shall be uniformity on necessarily continues. State regulations controls, and thosa,for misuse are in which sanctions maximum permissible doses and levels regarding trans ortatlen of radioactive maintained without pre.eveluation of of radiation and concentrations of materials must e compatible with 10 the individual possession or use. In

, radioactivity, as fixed by Part 20 of the CFR Part 71.- authorizing resecch and development NRC regulations based on officially 11. Records and Reports.The State or other act!villes in,volving multiple approved radiation protection guides, regulatory program shall require that uses of radioactive materials, where on

4. Total OccupationalRodiolion holders and users of radioactive insut,ution has peopli with extens!ve Exposun. The regulatory authority shall materials (a) maintain records covering traln ng an p ence,t St e conalder the total occupational radiath personnet radiation exposures. radiation ,,

• • Restricted area" aneans any area access'to provide a means for 1 orizing brnad

'The criterte were !!rst a dopted'ln February 1961 use of materla!3 Wilbout evolusting cach 126 FR W,klarch 24.1901. and smended in which to controlled by the licensee for the purpose Novembet 1905 (3a rlt 1so44. December 4.1903L of radiation protection ofindividuals from esposure specific use. . M$

ktinor ed"ortat chasses were made in jurie tous to to rarflation and radioactive materials.* Restricted 14. Evolaction Cr terio. in evaluatina*

et the U.1 Department of arca" shalt not indude any area used as resident!at a pMposal b use Ta,edsche matedals.

redect the authoritf orsonlaation chanse Trenspo tauon en stuarters, although in NCRP. a separate room or rooms in a residential buildins may be set spart as a restricted the regulatory autheilly shall determlno

'sessested state resulauens and 5:sie ler.islation wc! give content to au criteria eminciaul ares. -

the adequacy of theIppllCont's facllitics L

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$.t7542WM N W Federal Register / Vol.'40. No.15 / Friday. january 23, 1981 / Notice:WS

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, . 34 7 and esfoty equipment,his training and - a radioactivltfin the' proposed cie io be .i experience in th8e field.ne I :Jground i'-j.

• U ' experience in the use of the materials and specific training v. inese persons 'g.y willladicate to some extent their N- Jp p

• for the purpose requested,and his mg evaluated andInspected.This regulics e

. 1 competency to evaluate various/ ?

potential radiologies} hasards i

" 'e ;

potentla! role in the regulatory program.1 proposed administrative controls. States ' '

nese tralnees.of course,could be used yl.Q should develop tutdance documents for associated with the many uses of use by license s'pphesnts. thle guldence radioactive material and includes , initially to evaluate and inspect thoso - ~ ,

should be consistent with NRC licensing concentretions of radlocctive materials applientions of radioactivo materials , ,

and regulatory guides for various in alt and water, conditions of shleiding, which are considered routine or more

'. categories of lleensed activities.

the making of radiation measurnments, ' - standardized from the radiation safety 15.1/umen Usa. The use of radioactive - k now' edge of radiation instruments- standpoint. for example. inspection of  ;.

m rnaterials and radiation on orin humane r their selection, use and calibration- . , - Industrial gauges. small research shall not be permitted except by , laboratory de:Ign contaminationUh ' d diagnostic medical ' . j @"

. control, other general principles andV . programs, h i an i d ...,.

-3 properly lleemed physicians quallnedpossessing p)ersons* (normally _ practices

.. of radiation protection.andb . programs As t ey ga n exper en -

prescribed mlnlmum, experience in the ..p usc of management controls in assuring i be used progresolvely to deal with the , ,.Q use of radiolsotopes or radiation. e dherence to esfcty procedures.in order . more complex or difficult types of ,

• radioactive material app!! cations. it is f ff,# ' "

• to evaluate some complex cases. the State regulatory staff may need to be ,

desirable that such trainees have a g;

10. /bpose. Ticquency. He supplemented by consultants or other bachelor's degree or equivalent in the possession and use of radioactive 1; tate agencies with expertise in geology. physical or Iffe sciences and specific materlate shall be subject to inspection hydrology, water quality. radlobiology training in radiation protection. In -

by the regulatory authority and shall be and engineering disciplines, determining the requirement fnt .4 p,.

subject to the perforniance of tests, a academic training of Individuals in all of -

To perform the functions involved in iequired by the ?egulatcry authority, evaluation and inspection. it is desirable the foregoing categories proper :d

• Inspection and testing is conducted to conalderation should be given to that there be personnel ede':sted and

. determine, and to assist in obtaining. equivalent competency which has been ~.

tralned in the physical and/or life compliance with regulatory [ sciences. Inc'uding biology, chemistry, - gained by appropriate technical and .

requirements. . = 7" phy les and engineering. and that the radiation protection experience.

it is recognized that radioactive

.fa l'reqency ofinspection shall be personnel have had training and 3

reisted directly to the amount and kind materials and their uses are so varied , _ ,

experience in rodfation protection. For that the evaluation and inspection >

of material and type of operation example. the person who will be y licensed, and it shall be adequate to functions will require skills and responsible for the actual performance experience in the different disciplines insure compliance. r cf naIuallon end inspeckn of all oIthe which will not always restdo in one ' .

17. Inspections Compulso .l.icensees various uses of byproduct, source and he te ido authority should shn!! be under obligation by w to s pecial nuclear material which might provide access to inspectors, (ve the composite ok*such skills either '

18. Notification of Results of come to the regulatory body should have in its employ or at its command, not substantial tralning and extensive only for routine functions, but also for Inspection. IJcensees are entit!cd to be nc ao advised of the results o!!nspections and ep  ;,[n t g g g ,

emergency cases, to notice as to whether or not they are in Specio/ Nuclear Afoterial. Soure/

person have a bachelor's de ree ort. -

Cornp ance. equivalent in the physicalor life Afoterioland Tr/tlum

]

sciences. end speclfic tralnlng. radiation Enforcement f protectlon: '

21. Conditions Applicabic to Special Nucicar bfaterial. Source b!cterict and .

10. Enforcement. Posaesslon and use of radioactive materials should be it is recogn! zed that there will also be Tritium. Nothing in the State's amenable to enforcement through legal persons in the program performing a regulatory program shall Interfere with sanctions, and the regulatory authority mote limited function in evaluation and the dutlea imposed on the holder of the shall be equipped or anststed by law inspection. These persons will perform materials by the NRC. for example, the -

with the necessary powers for prompt the day.to day w6rk of the regulatory duty to report to the NRC on NRC enforcement.This may include, as program and deal with both routine prescribed forms (1) transfers of special appropriate, administrative remedies situations as well as some which will be nuclear material, source material and '

looking toward issuance of orders out of the ordinary.nese persons tritium, and (21 periodic inventnry data.

requiring erfirmative actlen or should have a bachelor's degree or 22. Specio/ Nuclear Aforceial Defined, a wa

- suspension or revocation of the right to Special nuclear material, in quantitles ~ SH equivalent sciences, trainingin the phys!physics in health cal or life ' , and ' not sufficient to form a critical mass, 'f ' for possess and use materials, and the * ' "

impounding of materials, the obtulning approximately two years of actual work present purposes means uranlum -

of injunctivo tellef. and the imposing of experience In the field of rediation enriched in the isotope U-233 in -

civil or criminal penalties.- protection. . .

quantitles not exceeding 350 grams of -

't ne foregoing are considered contained U-235: uranlum 233 in

1. 1. 1. I. -

4 desirable qualifications for the staff who quantitles not exceeding 200 grams:

20. Qualifications e/ Regulatory and will be responsible for the actual plutentum in quantitles not exceeding .

Inspection Personnel.no regulstory . performance of evalention and :00 grams: or any combination of them agency shall be staffed with sufficient - Inspection. In additlan, there will ., fr. cecordance with the following ,

tralned personnel. Prior evaluation of . probably be trainees associated with the formula: For each kind of special app!! cations forlleenses or . regulatory program who w!!! have an - nuclear material, determine the ratio 4 authorizations andiopection of

• academic background in the phy:Ical or - between the quantity of that special "'

licensees must be conducted by persons life sciences as well as varying amounts c ~ nuclear material and the quantity

a. possessics the training and experience g of specific training In radiation r. . . speelfled above for the same kind of ~

C relevant to the type and level of protection but little or ro actuni work special nuclear material.no sum of I '

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,wn,. + . , . c., .n.,,

such ratios for all of the kinds of special .the following quantitles in combination for the DOE at U.S. Government. owned nuclear material in combination should would not exceed the limitation and are . . or controlled sites: . -

not exece/ "1"(i.e unity).For example, within the fermula, as follows: W- b. Prime con'.roctors performing Um',.

. . , . . a c s,i research in;or development. ,

U$ (grar S Contained .11235)

• 50 (grams tj-233) + 50 (grans Pu) " I manufact'.re. stcrase. testing. or -

transpe.tation ,f. atomic weapons or M 200 200 com;,cnents thereof:

• " - c. Primo contractors using or operating (This definition is subject to change by discontinuance of NRC regulatory nuclear reactors or other nudent futuro Commission rule or regulation.) authority and the assumptier, of devices in a U.S. Government. owned regulatory authority by the State may. vehicle or vesact; and Administretton .

relate to any one or more of the - o d. Any other prirne contracter or

33. State practices for assuring the falt following categories of materials within subcontractor of DOE or NRC when the and impartial admin!stration of the State, as contemplated by P :b!!c , State and the NRC jointly determine (i) regulatory law. including provision for Law BM73 and Public Law 95-604: e that.under the terms of the contract or j public participation where appropriate, should be incorporated in procedu*cs

a. Dyproduct materials as defined in

/

subcontract, there is edcquate i section11c(t) of the Act. ' - assurance that the work thereunder can

b. Dyproduct materials as defined in for: be accomplished without undue risk to

n. Formulation of rules of general sectionite(:)of the Act. the public health und safety and (11) that applicability: c. Source materials. > the exemptlen of such contractor or

b. Approving or denying opplications d. Special nuc! car materials in subcontractor is authorised by law.

. for licenses or authorisation to possess quantitles not sufficient to form a -

ae aad use radioactive rnatcrials, and Additional Criteria for States Regulating criucal mass.

! c.Taking disciplinary actions egainst e. Low !cvel wa'st'es'in' permanent Uranium or Thorium Processors and licenseen. disposal facilities, as defined by statute Wastes Resulting Therefrom Afier Arrangements for Discontinuing NRC or Commiss1on ruhs or tegulaUons Mmk S QM containing one or more of the materia]s furisdiction stated in a, c. and d above but not ,$gagygg , %Q

24. Stole Asency Designatlon.The including byproduct material as defined 29. Stato statutes or duly promulgated State should indicate which agency or regulations should be enacted. if not in Sectionne(2)of the Act:

egencies will have authority for carryin8 but must relate to the whole of such s! ready in place, to make clear State on the program and should provide the category or categories and not to a part authority to carry out the req.lrements i

NRC with a summary of that legal or Public Law 95-604, Uranium Mill of any category.*1!!ess than the five authority.There should be assurances categories are included in any Tailings Radiation Control Act against dup!!cate regulation and discontinuance of lurisdiction. (UMTRCA) as follows:

licensing by State and local authorities, discontinuance of NRC regulatory a. Authority to regulate the tailings or and it may be desirable that there be a authority and the assumption of wastes produced by the extraction or single er central regulatory authority, regulatory authority by the State of the concentrollon of uranium or thorium

. 25. Existing NRC Licenses and others may be accomplished from any ore proccased primarily for its i rending Applications. In'effectirig the subsequently by an amendment or by a source material content.

discontinuance of jurisdiction. la ter agreement.

b.That an adequate surety (under appropriate arrangements willbe made The agreement may incorporate by , terms establ!;hed by regulation) will be by NRC and the State to ensure that refercnce provisions of other documents, provided bQe licenser, to assure the there will be no interference with or including these criteria, and the compiction of n!! requirements Interruption of licensed activities or the cgreement shall be deemed to established by the (c! e appropriate processing oflicense applications, by incorporate without specific reference State agency) for the decontam! nation, reason of the transfer. For example, one the provisions of Pub. L 66-373 and Pub. dec3mmissloring, and reclamation of '

approach might be that the State. In L 95-604 and the related provisions of sites, structu assuming jurisdiction, could recognizo the Atomic Energy Act.

" conjunction with ,rcs, and equipment the generation or used in and continue in effect, for an Arrangements should be made for the disposal of such byproduct meterial.

eppropriate period of time under State reciprocal recognition of State lleenses c. lfin the States' licensing and law, existing NRC licenses. Including and Federallicenses in connet.tlon with regulation of byproduct material or of licenses for which timely applications out.cf.the.]urisdiction operations by a any ectivity which produces byproduct for renewal have been filed. except State or Federallicensee. .. .

material, theltate collects funds from where good cause warrants the entlier :8.NRC endDeperiment ofEnergy the licensee or its surety for long term reexamination or termination of the Contractors. The State should provid. ' surveillanceTnd maintenance of such IIC'"8'- exemp!!ons for NRC and DOE - material, the'lotal amount of the funds

20. Relations With Fedo el contractors which are substantially collected by the State shall be Covernment and OtherStates. Thero equ! valent to the following exemptions: transferred to'the U.S. If custody of the should be an interchange of Federni and a. Prime contractors performing work byproduct material and its disposal sito State information and assistance in is transferred *td the Federal connection with the issuance of Covernment Ep~en termination of the

• A state which does notSdhh to coottnu. ,,e regulations and licenses or rese uoc or urentum and thortum processors end . Steis lleenso?(Sce to CFR 150.32.) If no authorizations. Inspection of licensecs. tryproduct matutal. as danned in section 1te.t21 of default has OMrred and the -

reporting of incidents and violations, tu Atomte rwsy Act me emeded.ahn Novemtar - Tcclamation OTother bonded act!vity hat -

o n and tralning and educallon probicms. tg y l 1

t . thin been performYdifunds for the purposo

• ~ -

Rccip JA grIem n toviding for tu sininiceWe wwm a moycenen. .

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7544 '~ W i 4 Feder:1 Reglsl:t / V:1. 40. NL 15'/ Frid:y.'lanu ry 23, 1981 / N:tices 21- s cro not to be transferred to the Federali 31.1t is pref'erable thIt State ' statutes . O or Federal agencies in preparing the . .

Cov:rnment.De funds collected by the centein the provisions of Sect!on 6 of the , environte. ental assessment should ._ .

State shall be sufficient to ensure r@a - Model Act. Dut the following may be 3 Q designate a lead agency for supervising

• compliance with the regulations the 16 accomp!!shed by adoption of either tw and coordinating preparation of this - -

Commission establishes pursuant to i " procedures by regulation or technical t . environmental assessment. It is .

Section 161X of the Atomic Energy Act. criteria. In any case, authority for thelt ' . normally expected that the radiation

d. In the issuances of licenses, an t - Implementation should be adequately control agency in Agreement States will opportunity for written comments, i supported by statute, tegulation or case. . be the lead egency.The basic premise is public hearing (with transcript) and p law as determined by the Stat's Attorney I that the lead agency is required to '

cross examination la required. y General. ..:.., C prepare the environmental assessment.

e. In the issuances of licenses, a In the licensing and regulation of ores 1. Utilization of an app!! cant's written determination of the action to be processed pGmarily for their source M, environmental report in !!cu of a ! cad iden based upon evidence presented material content and for the disposal of : agency assessment of the proposed during the public comment period and - byproduct material, procedures shall be ; project is not adeguate or appropriate. .

which la subject to judicial review is - established which provide a written s- llowever the lead esency may prepare y m

required. enelysts of the impact on the >v .4 an environmental assessment base'd

f. A ban on malt r construction prior to environment of the licensing activity. - upon en applicant 1 environmental This anal sls shallbe systlable to the report. Other credible information ma c:mpletion of the eforementioned j pub!!c be ore commencement of be ut!!! zed by the State as long as sue stipulations,

3. An opportunity shall be provided hearings and shallinclude:' information la veriflod and documented for public participallon through written n. An assessment of the radiological by the State,

• comments public hearings, and judicial and nonradiological pub!!c health c.When a Iced agency is designated, revi;w of rules, y impacts: -

that agency should coordinate .

30.In the enactment of any supporting b. An assessment of any impact on preparat!on of the statement.The other legislation, the State should take into any body of water or groundwater: . agencies involved should provide account the reservations of authority to c. Consideration of alternatives to the assistance with respect to their areas of ,

i* jurisdiction and expertise. Factors the U.S. In UMTRCA as stated in to CFR licensed activities; and

d. Conalderation of long-term impacts relevant in obtalning assistance from 150.15a r.nd summarized by the , l of  !! censed activities (see item 30b.(1). ether agencies include the applicab!c followic5:

, a.%e estab!!shment of minimum h,p/ct%n, statutory authority, the time sequence in '

standards governing reclamation. long, which the agenc!ca become involved.

term surveillance or maintononce, and 32. State regulations should be the magnitude of their involvement, and i swnership of the byproduct materla!.

d**

• d I0' 8"I'ID'Y '89"I**"I'* relative expertise with respect to the p and where necessary incorporate project's environmental effects. i b.The determination that rior to the termination of a license, the ficensee has Watory language wM !s eqdvalent in order to bring an environmental to the extent practicable er more a:sessment to a satisfactory conclusion, compiled with decontamination.

decommisstonIng and reclamation atringent than regulations and standards it is hl hly recommended that an initial adopted and enforced by Te scop document be developed which standards, and c enership requirements fer sites at which byproduct materialis .gommission, as required by Section clear delineates the area and scope of present. . .; J4o (ree to CFR 40 and to CFR .e . work n be performed by each agency c.The requirement that prior to 150.3t(b)). within a given time constrsInt.

termination of anylicense for byproduct

• Organlzationollfelationsh/ps Irithin d. For those areas in the material, es defined in Section 11e.(:). of the States environmental assessment where the the Atomic F.nergy Act or for any State cannot identify a State agency

33. Organizational relationships cetivity that results in the production of having sufficient expertise to adcountely should be established which will avakate the proposal or prepare an such material, title to such byproduct provide for an effective regdatory material and the disposal site be assessment, the State should have program for uranium mills and mill transferred to the Federal Government provisions for obtaining outside .

consulting services. In those Instances i or State at the option of the State, tallings'

s. Ch arts should be developed wh!ch provided such option is exercised prior show the management organization and where non governmenatal consultants I to termination of the license. *: are utilized, procedures shost be  !; '

. d.The authority to require auch lines define the of authoritb.nis speci clines of supervision chart should estab!!shed to avoid conflict of interest monitoring, maintenance,and i from program management within the . consistent with State law and

- cmergency measures after tha license la radiation control 1;roup and any other administrative procedures.  ;

terminated am necessary to protect the department withlo the State responsible Medical conshts recognized for "

public health and safety for those for contributing to un regulation of their expertise in emergency medical )

materials and property for which the uranium processing and disposal of matters, such as the Oak Ridge and State has assumed custody pursuant to tallings,When other State egencles or llanford National tabora tories. rela ting N -

1 -

regional offices are utilized. the lines of to the intake or uranium and its c.The authority to permit use of the communication and administrative diagnosis thereof associated with surface or subsurface estate, or both of control between the agencies and/or manium mining andmiillns should be the land transferred to the United States regions snd the Program Director should identified and available to the State fur er Stato pursuant under provision of the be clently drawn. a # - A advice and direct assif.ance.

Uranium Mill Radiation Tallings Control b.Those States that will utilize During the budget preparation the Act. "

M 47 personnel fron. other State Departments State should allow for funding costs f.%e authority to exemptland - Incurred by the use of consultants.In

- i y q,.j.3 4 3- ,,

cwnership transfer requirements of *h to cronsty recommmld out a soar hernd addition, consultants should be ~

Section 83(b)(1)(A)q be ymtaw for put,nc miew.jg - available for any emergencies which

,a .

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1 Federal Regist:r / Vol. 46, No.15 ' Friday January 23, 1981 / Notices 7545 may occur and for whlch their expertise have additional treintne in Uranium Mill (b) Geolegyt I

would be needed Imrnediately, llealth Physics and Environr ental (c)llydrology and water quality:

! Assessments. (d) Meteorolog).

I'f8 " #I c. Personnel in egencies other than tha (e) Dackground radiation:

34. Personnel needed in the processing lead agency are included in t!.use total (f) Tallings retention system:

c.f the license application can be person year numbers.lf other agencies (glinterim stabilization, reclamation.

Identified or grouped according to the are counted in these nun.bers then it and Site Decommisaloning Program; following skills:Technicah shall be demonstrated that these (h) Radiological Dose Assessment:

. Administrative: and Support. personnel will be avellable on a routine (1) Source terms

a. Admirdstrative personnel are those and continuing basis to a degree (2) Exposuro pathway persons who will provide internal claimed as necessary to successfully (3) Dose commitment to individuals guides, policy memoranda, reviews and comply with the requirements of (4) Dese corr.mitmnt to populations managerial services necessary to assure UMTRCA and these criteria.The (5) Evaluation of radiological impacts completion of the licensing action, arrangements for making such resources to the public to include a determination Support personnel are those persons available shall be documented, such as of compliance with State and Federal who provide secrciarlal, clerical en interagency memorandum of regulations and comparisons with support. legal, and laboratory services. understanding and confirmed by background values Technict.1 personnel are those budgetary cost centers. (0) Occupational dose individuals who have the training and (7) Radiologicalimpact to blota other .

expertenes in radiation prot'ection functions To Be Covered than man necessary to evaluate the enginering 35. The States should develop (8) Radiological monitoring programs, and radiological safety aspects of a procedures for licensing, inspection, and pre. occupational and operational uranium concentrator. Current preparation of environmental (i) Impacts to surf *ce and indications are that 2 to 2.75 total a ssessments. groundwater, both quality and quantity; professional person years' eIfort is a. Licens/ng (j) Environmental effects of accidents:

needed to process a new conventional (1)1.lcensing evaluations or and rnilllicense, in situ license, or major assessments should include in plant (k) Evaluation of tallings management rene.*al, to meet the requirernents of radiological safety aspects in altematives in terms of regulations.

UNITRC.A. The number includes the occupational or restricted areas and (2)'the States are en*:ouraged to effort for the environmental assessment environmental impacts to pop.ilations in examine the need to expand the scope and the in plant safety review,It also unrestricted areas from the plant. of the assessment into other areas such includes the use of consultants. lleap (2)It is expected that the State will as leach applications may take less time review, evaluate and provide a) Ecologyt and is expected to take 1.0 to 1.5 documentation of these evaluations. (b) Environmental effects of site profesalonal staff years' cifort. Items which should be evaluated are: preparation and facility construction on depending en the urcumstances (a) Pro; osed activities: environment and blota:

encountered. Current Indications are (b) Scope of propo ed action: (c) Er vironmental effects of use and that the person years effort for support (c) Specific activities to be conducted; dischm.;e of chemicals and fuels; and and legal services should be one (d) Administrative procedures: (d) Economic and social effects. -

secretary for approximately 2 (e) Facility organisation and c. Inspections conventional mills ar.J % staff years for radiological safety responsibilities, (1) As a minimum, items which should legal services for each noncontested mill authorities, and personnel be inspected or included during the case.The impact on environmen' quahfications: Inspection of a uranium mill shoutd monitoring laboratory support services (f) Licensee audits and inspections; adhere to the items evaluated in the in-is difficult to estimate but should be (g) Radiation safety training programs plant safety review.The principal items added into the personnel requirements. for workers: recommended for inspection are:

In addition, consideration should be (h) Radiation safety program, control (a) Administration:

given to various miscellaneous post- and monitoring: (b) hiill circuit including any hcensing ongoing activities including 'ho (i) Restricted area markings and additions, deletions, or circuit ch mget issunnce of minor amendments, access control: (c) Accidents / Incidents:

Inspections, and environmental (i) At existing mills, review of (d) Part 19 or equivalent requirements surveillance. !t is estimated that these monitoring data, exposure records, of the State:

activilles may require about 0.5 to 1 licensee audit and inspection records, (e) Action taken on previcus findingt person years effort per licensed facility  : ad other records applicable to existing (f) A mill tour to determine per year, the latter being the case for a mills: compliunce with regulations, and license major facility.These figures do not (k) Environmental monitoring: conditions:

Include many )wer for Titlr. I activitives (1) Emergency procedures, (g) Tn!!ings waste management in of L:#TRCA. radiological: accordance with regulations and licenso b .n evaluating license applications (m) Product transportation: and conditions (see NRC Reg. Culde 3.11.1);

the itate shall have access to necessary (n) Site and physical decommissicning (h) Records:

specialities, e.g., radiological safaty, procedures, other than tellings, li) Respiratory protection in hydrology, geology and dam (o) Empioyee exposure data and accordance with license conditions or 10 construction and operation. bioassay prog}ams. CFR Part 20.

Ira addition to the personnel b. Environmental Assessment (j) Effluent and environmental qualifications listed in the "Culde for (1) The environmental evaluation monitoring:

Evaluation of State Radiation Coatrol should conalst of a detailed and (k) Training programs:

Programs." Revision 3, February 1,1980, documented evaluation of he following (1) Transportation and shipping:

the regulatory staff involved in the items: (m) Internal revlew and audit by regulatory process (Radiatio ) should (a) Topography: manngement:

I h

i  ?

i  !

7546 Federal Register / Vol. 40, No.15 / Friday, Innuary 13, 1981 / N tices sampics in a variety of sample medla Subcommittee will review operating (n) F.x'l Intervlew: a nd (3) Final written report documenting resulting from a major accident can be experience, degree of success in the results of the inspection and findings analp.ed in a time frame that will allow climinating the core power fluctuntions.

on ench item, timely dectslons to be made regarding core performance (fuel and structurnl).

(11In addition, the inspector should pinns for testing and operation at !crets perform the following: pubtle health andshou

d. Arrangements safety,ld be made to above 70% of rated power and plans for (2) Independent surveys and participate in the Environmental future operations, modifications, sampling Protection Agency cuality assurance refueling. and shift manning (3) Additional guidance is contained progtum for laboratory performance, requirments. Notice of this meeting was In appropriate NRC regulatory and Dutod at Washington D.C. this toch day of published Jan.12.

inspection gnides. A complete Janunty.1001.

'Sofety Philosphy, Technokugy and inspection should be performed at least for the Nuclear Regulatory Commission.

Criter/a, January 28,1981,I,os Angnles, er year, CA.The Subcommittee will discuss oncehperut/ono/Doto neriew Iohn C, flo31 requirements for new (beyond Near.

d.

(1)In addition to the reporting A"I#'""' 8"'7 0I'A' C#**###I#"' Term Construction Permit) renctor t* H-8r8 0d *" *8 "3 targuirements required by the regulations '" C008 "'*--" plants. Notice of this necting was er Aense conditions, the licensee will published Jan.14.

submit in writing to the regulatory

• Extreme ExternoIPhenomems.

Egency within 60 days after January 1 January 2b30.1M1, Los Angeks. C.A.

Advisory Committee on Reactor end July 1 of each year, reports Safeguards; Proposed Meetings The Subcommillee will discuss the specifying the quantity of each of the status of the Selsmic Safety Margins ,

principal radionuclides released to in order to provide advance Program. Notice of this meeting was l unrestricted areas in liquid and in informailon regarding proposed published Jan.14,  !

gascius effluents during the previous six meetings of the ACRS Subcommittees

• Son Onofre 2 andJ. Janunty 31,301.

months of operation.This data shall be and Working Groups, and of the full Los Angeles, CA.The Subcommittee will reported in a manner that will permit the Committee, the following preliminary meet to review the scismology nied regulatory agency to confirm the schedule reflects the current situation, geology related items for San Onofre potential annual radiation doses to the taking into account additional meetings Units 2 and 3 for en Operating 1.lcense.

public. which have I een scheduled and Notice of this meeting was published (21 All data from the radiological and meetings which have been postponed or Jan.15.

non. radiological environmental cancelled since the last list of proposed

• Regulatory Actiritics. February 3.

monitoring program will also be meetings pub!!shed Dec. 22,1980 (45 FR 1981. Washington. DC. The submitted for the some time periods and 8 8182).These meetings which are Subcommittee will discuss proposed ,

frequency.The data will be eported in definitely scheduled have had, or will Regulatory Culdes and Regulations.

o msnner that will allow the regulatory have, an individual notice pub!!shed in Notice of this meeting was published egency to conform the dose to receptors. the Federal f;egister approximately 15 j an.10.

days (or more) prior to the meeting. ' Plant Fcotures important la Safety, instrumentation Those Subcommittee and Working February 3,1981. Washington. DC. The

= 30.The State should have availublo Group meetings for which it is Subcommittee will disms: the NRC bnth field and laboratory anticipated that there will be a portion definitions of the terms " safely grndn",

inatrumentation sufficient to ensure the or all cf the meeting open to the public " safety related" and "important to licensce's control of materials and to are indicated by an asterisk (*). It is safety" as developed for testimony validais the lleensee's measurements, expected that the sessions of the full related to the Three Mile Island Unit 1 s.The State will submit its list of Committee meeting designated by an restart, as well as review the gernric instrumentation to the NRC for review. asterisk (*) will be open in whole or in implications of the use of these Arrangements should be made for part Io the public. ACRS full Committec definitions in the licensing process.

cabbruting such equ!pment. meetings begin at 8.30 a.m. and Notice of this meeting was published b.1.uboratory. typo instrumentation Subcommittee and Working Group lan.19.

should be evailable in a State agency or meetings usually begin at 8:30 a.m.The WRCSofety Research Program, through a commerclul service which hus time when llems listed on the agenda February 4.1981. Washington, DC. The the capability for quantitutive and will be discussed during full Committee Subcommittee will discuss NRC's long.

qualitutive analysis of radionuclides meetings and wher Subcommittee and range safety research plan and ACRS cssociated with naturat urunlum and its Working Group meetings will start will comments on the Office of Nuclear decay chain. primarily: U 238. Ra.226. be published prior to each meeting. Regulatory Research response to ACRS 1h.320. pb 210 and Rn.222. In a variety Information as to whether a meeting has recommendations in NUREG4009.

of sample media such as will be been firmly scheduled, canec11cd. or Notice of this meeting was published encountered from an environmentn! rcscheduled, or whether changes have Jan.21.

sampling program, been made in the agenda for the 'Sofety Philosophy. Technology and Analysis and data reduction from February 1981 ACRS full Committee Criterio. February 4.1981. Washington, laboratory analytical facilities should be meeting can be obtained by a prepaid DC. The Subcommittee will discuss the .

stallable to the licensing and inspection telephone call to the Office of the proposed Near. Term Co..struction i euthorities in a timely manner. Executive Director of the Committee Permit. Notice of this meeting was .

Normally, the data should be aval%ble (telephone 202/634-3267. ATTN: Mary E. published Jan. 21.  !

within 30 days of submittal. State Vanderholt) between 8:15 a.m. and 5:00

• Reactor Radiolog/co1E//ects.

acceptability of quality assurance (QA) p.m.. Ea ster Time. February 5.1981. (1:00 p.m.), j programs should also be estab!!shed for Washington, DC.The Subcommittee is ths cnalyticallaboratories. ACRS Subcommittee Afeet/ngs to review and comment on the NRC l

c. Arrangements should also be

• Fort St. Fro /n. January 27.1081, at Staff's paper to the NRC Commissioners f completed so that a large number of alte. nent Longmont, CO. The on the current status of thinking and i I

I I i

cooerst Megtster f Vit. 48. No.136 / Thursday. July 18. 1961 / Natlees 30969 the enforemment of the opereting rslo and (46 FR 7540-7H4 I'R Doc. 31-1418), b timet:ble are adequete for h sete operenon this notica.If Ce initid $nding NRC published Criteria for Guidance of concludes that there have not been any cf paseorger trains over this district. (R-41" so) States and NRC in Diacontinuance of significant changea.reqtsest for NRC Regulatory Authority and reevaluation may be subralttad for a Ra'1roed: # cod-on Co///s/on Between Assumption %ereof by States nrough period of 00 days after the data of the Bnhimore & Ohio Rollroad Company Agreement. As pubilsheit at 46 FR TH4. Toderal Register notjes.The results of Train No. Se and the Brunsw/cA #c/per Col.1. Criterion 2sf. which states

• tan any reevaluations that are requested 7e33-7543 Neor Germonhwn. Maryland, on inslor construction prior to will also be published in the Federat Tebrvory A 2981(NTSB-RAR-8J-6).- completion of the aforementioned Register and copies sent to the Recommendationa issued lune 23 to - stipulations."la insce irate.This Wa shington and local public document Sahlmore # Ohlo Rollroad Company. document correcia the text of Criterion rooms.

Estabitsh a tmin rvporting procedure et 23 by revialag paragraph L to read as A copy of the application for Rods and stallarlocations. that wiu eneble follows: operating licenses and the antitrust each train dispatcher and the tower opentor.

• f. A ben on sne)or conetruccon prior to information submitted are avallable for in advance and to the rest of the tisirs to compleun of the w-Itter "vironrnental hete a record of the times tisins pens the public examination and copying for a analysts stipulated in ( 'elon8t" fee at the Commission's Public u te t e a canied by the Old FOM PWM !NPOW ADON CoorTACn Neumul Room. W prnW.W.

Mala une and the Baltimore Terminal John F. Kendig. Office of State Programs. Washington. D.C. 2055' ed in the local an Nuclear Regulatory Commission. pub!!c Document Rooms at the Audubon dispatchers manageable. lf either to deterszirw is not. e if the[ust the We shington, D.C. 20555. (301) 493-ge;rs, Library. Wert reciliana Branch.

workloads so that each dispeicher has a Ferdinand Street St. Francleville,

]

atenageable assis'unent. (R-et-7tl Dated at Washingtor . D.C. this 1oth day of July teet. laulslana and at the14alalana State Redeslan the Daltimore train dispatc.her's ornes to provide facitides band on g=d For the Nuclear Regulatory Comunission. Unlursity. Conmment Document human engineering principles and to Samuel J. Ch!!k. Department. Baton Rouge. Imulelans.

eliminate the curnot disinctions and Secry'eap ofthe Commission. Any person who desires additional uncomfortable environment (R-al-r2) puta ei.ametrs.de-t m He ! Informstion regarding the matter Upgrade the redio system to eliminate the om.o coig r, w3.se covered by th!s notice or who wishes to marginal coverage one between BamuvtUe and Celthenburg. (R-81-73) have his views considered with reepect to s!gnificant t.hanges related to Federot Rollipod A dmin/stration: Es ta blish (Docket Nos.84-454 and 50-439]

reguleuons that would require all trains antitrust matters wttch have occurred in opereung on main inch to be equipped with the apolicant's activltles alace b Gulf States Utfuties Co, Cajun Electric an operable radio. (R-79-73)(This reitersted Power Cooperative; Receipt of construction permit antitrust reviews for recommenda uon is stillin "open status.) the above-named plant should submit Antitrust Information such requests forinformation or views Note,--Sin e copin of Board wporta en

• ,

• Gulf States Utilities Company, on to the U.S. Nuclear Regulatory I e le t.Copl of'ec' r e ja behalf of itself and Cajun Electric Power Commis alon. Washington, D.C. 20555, testers, neponses and related correspondence Cooperative, has filed antitrust Attendor.: Chief. Utility Finance Branch, are also free of charpe. All requests must b, ,

informadon for their applicatloc for Office of Nuclear Reactor Regulation. on in writing. identified try recommendation or operating licenses for the River Dend or before September 14.1981.

, report number. Addren nquest to: Pubhc Station. Units 1 and 2. This information Inquirin Section. Hedonal Transports Uon was filed pursuant to Part 2.101 of the p.,,d at Bethoeda. Wryland. this 30th dey Safety Doerd. Washington, D C. 20sH. of gone teet Commisalon Rules and Reguladons and Wittple coptes of Board reports may be is in r.onnection wit:s the owners' plana yor the t. cleet Regutatory Commtwn.

purthesed from the National Tectuilcal ^" *"'

Informstion Service. UA Department of to operate two bolling water reactors in Commerte. Springfield. V e. 22101. West Feliciana Parris Louisiana.The chief. l.icensiv Bronch Na z. Dirlss.onaf application contains antitrust "# D He USC.1903(eX419o6) informstion for review pursuant to NRC P'D"'"'"'""""*8**l Margaret I. Mahee.

Regulatory Culde 9.3 to determine **********"'

bderalRegister Uaison Officer. whether there have been any algnlDcant July 10.1981, changes since the compledot, of b Ira D s en-escu rm.d Most enes t g

antitrust review at the consu uction osaao caos cie.*.a permit atage."Ihe rematader of the application for operating licenses is Loulalana Power & tJg*tt Co.I

+

' currently undergoing acceptance review. Avattability ot Bafety Evahrstion NUCLEAR REQUL.ATORY Following docketing. a nouce wiu be Report; Waterford Steam Electric CotAMISSION Station,Unft 3 pubitsbed in the Federal Register. *-

Following completion of staff antitrust Notice la hereby given that the Offlee cetterta for Guidance of States and review of the above-named app!! cation.

NRC in Dlacontinuance of NRC of Nuclear Reactor Regulation has

'1 the Director of Nuclear Reactor pubilshed its i defy Evaluation Report Regulatory Authority and Amaurnption Thereof by States Through Reguladon willissue an initial finding as relating to the proposed operation of the to whether there have been "significant Waterford Staam Uectric Sta tfor. Unit Agreement; Statement of Polley changes" under section 105c(:) of the 3. to be located in St. Charles Parish.

Accecv: Nuclear Regulstory Atomic Energy Act. A copa  ; of this Loulslana.Notics of recadpt of the Commloelon. nnding will be published in the Federal application by the 14ulalana Power &

ACTioet Revision of Criterion 29f. Register and wiu be sent to the IJght Company to operate the Waterford Washington and local public document Steam Electric Station. Unit 3 was susansAny:In a Federal Register rocma and to those persons providing docut '.ent pubtlabed on January 23. ? 981 published la the Federa! Regietar on commenta cc informadon in response to January 2.1979 (44 FR 125). -

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ts

_ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ . _ . _ . - - - - _ - - - - - - - - - - - - - - ' - - - - - ^ --"-

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1 g' 33378 Federet Register / Vol. c No.141/ Thursday, July 21, 1983 / Notices - . j devisse end has chosen one for twther 5  : the bettery : arglas erstem which lelesled NUCt. EAR RESULATORY - ,

l 4

dowlopment. la the loceme. re meabine reem et a mala  : C008MISS10N . ~

E  !

• - Amerdeen AuWdr IMarAs Assesfeidear Ap. - eentrol peneh hm le else a fault tidld at Aap

• W15 Reform he membwe of the - Indienting no bettery sherse in the empneer's Discontinuanes of MRQ Authority and 'i

. c8'ouestoness of the seeldent in perteles. esb. R-eHt: AEM-y locomotives bee only = Assumptionhereof by States -

_ New Monica.on jene at test end wularp . three critical systems eennected to the - Drougli Agreement- Celteria for i hen Oddance of Stater and NRC t entent i e he been wa the ,

.. pipehne fasania how been demeasd. white end red strebe hghts to the bettery olde ? Aosssev: Nuclear Regulatory 1 Mounsels aeth Ap. A Wend.de All tect'or. A-dMt Medined Commiselon. >  !

of thethe voltageSe wading o Fenest "Q"Trein Order to actione Statement of policy: Revision.

Ilmus alen3[Systempre uses ,

'"$ ,, ",,, -t body of the tre a ad t svisasAsm Criterion 9 of the NRC's  ;

88*d I'm "mdeced" w *mtriswd," A dD- Policy for Discontinuance of Authority +

j workere and which are strictly enforead.

The Ces Service Company fKenees C/ty. R Dellem steemmedetka est the dated Jannery 23.1981 appearing at 46 Mimanm) Apr.& Ars-en -et end-yg monimm alloweble sped of a leesmouw be FR yMO-7846, deals with weste disposal.

leeued weliten pelley l , Aprilley, poewd in a eeneplowee leesden edlemat W 11 sistes that the standards for disposal +

eeneerning it) the need to estebhah and the operating peeltion le met wonented into air, water and sewer. and buriel in ment:tein less of semmonloeuen with sittee . beesues alllesomedves operating within the e with 10 CFR <

- end othere releuve to public worbe peolects. - Northeast Corridor heve mealmem alloweble soll gshall be in accordanc.s g regulation 10 121 paying strict ettention to requets for speeds which are goedened by their operating CFR Pa*t St.which became eflective

feeluty leeenone and keeping proper records. connguretton and which are subject to track ,

speed restrictione. A-C M Believes that the December 2y.1933, provides licensing 111 maintelning neld contest with contractors doing eacevat na work, along with continued provielone of og CyR t.4.37 as renected in procedures, performance oblectives.  ;

neid sheervation of work progeen, so se to rule se of Amirek's operating rules are technical requltements and financlel meintela latogrity of markers etc and (4) odequate to provide protection egelnet . assurance requirements for the issuance ,

. Mquiring that on.ette inspectione in areas of following moves in estomatic block territory, of licenses by NRC for the land disposal ,

excavetion include being sure peeviously - A-aMr end-se lloids a S day training close of most wastes that are commonly lastelled merkm are visible end senaulble. for transportetlen :_; ." . and trein referred to as low level weele. In Ixtredvoed a new " Request to tacete Fona" diepeichers that focuseo directly on the addition. the Nuclear Weste Policy Act

• se e reened of regwete for leestione proper late,prolestee of operating rules and of1963 "utres that the NRC and the In toy isst. Amte continselty otroom instructions and holds a 6 week review thst proper receeds mat be kept se se to progrem in trene etion me ment for D# d' "d # "

document say work effort. P-78-rf end-rat trelameetm o reed foremen, Illinerosse certeln stated financial arteneements A pmcodere wee written into the Operation, the length of its annual operating rulee Prior toissuance of a Heense for b

- M2intenenee sad ineputton Manoelin May level radioactive weste disposal or in i requallAcellon elemte for trole end engine lefs regarding Mpelre. especially regarding personnel A-aMfe Believes that the fonnet the case of licenses in effect. prior to  !

the need to eenender downwerd a revleien of sad structure of the Northeset Corrider termination of such licenses.De presentes and/or the shutdown of a pfptng Timetable le not undly esoplex sonaldering financial arrangements are 1o cover j j,' **","M,,*g" that, although it may in letal be e "foroudeble - completion of all requirements for the document? Its schedulu are errenged by decontamination decommlesioning.elle u how to properly install verton repel, closure and reclamation of sites, Attinse and te pertedicelly check repelt AtUng division, and although es Special Instructions am enensed is relottenship to structures and equipment used in elech to be sure of sentinued property so es to be ready for see.F-FN2 A revloed the opmung rulw and m embint mener, e - conjunction with low-level wesie plan formet was lueed la May ende eyetem le used te idenufy on which disposal.  ?

19see whlmeets the requiresnents of 4e CFR divleton or divisione a given lastruction De Commleslon believes thet States l opplies. Apr. JR A-ar4 Revised switch les.818. Company Clelme Depsrtment seeking an a ement pursuant to ponennel present sedlovtseal progreme to inspect'on and test repr t. Section 274b the Atomic Energy Act Are departments, along with dispensing New/*reer Depertment of Trensportefien: of 1964. as amended, to regulate land

- hendeot t informstun.F-rs-reItes Apr. It A-8bf07: Electric lock mechenless

' regelred I see of flame-sterdent clothing for feeing point switches beve been requested disposal of radioactive weste should +

la the FY e4 Capital proyam. establish standards for disposal which senes Deeseher 1979.

. US Aesserch endSpeelof Protreme The AleWoor6 Topo&e endsesse pit are in accord with the appiluable Adminletretion:Mer.21:Ary-at: P-is4 - Aallway Companyt Apr. se A.a.t techalcal deflaltlans, performance .

J7. end-de AFe Jr end-Jdt P-75-I. -F. end Reeveleeled its practless and r. - _ _ _"_u la objectives, techalcal requirements, and

-A P FM. -fa-f4 -43. -44. -d1 andWet- A the inspectlen sad meintoasses of special financial asrurance requirements of 10 F1,H. -31 end-Jet F-*f f. -44. -en track arose

• CFR Part et and the waste transfer and

~

manifest system prescribed in 10 CFR AR - - end P.e ered L S? espies *ef these roepense Part 30. For the waste snanifest system sad e.e fr Response letter eneusertnes the letters are evellable en written regeest to:

public inquiries Sectise6 Nattenal to function effectleely on a national l actions teken by the Dept. of Trensportetton j - as tapewee the public esfety in the pipeline Tronoportetten Safety Seerd. Weeblagoon, besie, it le necessary for all licensees.

l . treneportetten of natural see end hqeld DC soses. Please include reopendente name, both NRC and Agreement Stato, to t heuenloos meterteles and the reletteeship - date of letter, and resemmendation member (s) follow the same system.%us, the

! . beNesen these actione end the as in your request.The ,-L - , : wGI be Agreement States are expected to adopt

! messenendatione listed. - . billed et e oest of so sente per page (33 and implement thle' system for their RaGreed--Wetienel C.;., 1 -(AmedrueAMer.37:A-es Aellised7 - .am uninimum charge).

~

licuses. A herefore, the NRCle revleing

' beedineoeses have pleasd b original H. Rey Behh. A Criterion 9 tohciede tsfemnce to the egelpeent strebe lishte en the bettery elde of pl,,serof Aaydega.gA,A, gjjygese, PerfoImance objectives, technical

~ the% -- of all ADS-Fleesmettvu se . .

. . thet the lights artB remain en after a bettery . I"'I II' iM. T18 and financial assurance ,

protester arty. A awm oris e sel erquest of pu se6ewoners.ssenee ses ;_,,__.. .xte centained in Part el and the AD8-Finsledes a DC surrent meterla - - smaaes esse emes.a the waste transfer sInd manifest system J, .

~ .._.. ..-.._ _n __.. . . . . - - . _- ,-.a_.._-_,.._-,.,.. . _ _ .

. - . . , - . ~ ., . <. . .--

.- .. ~-w ...,---

77 ,

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(. . Federal Register / Vol. 48. No.141/ 'Itursday, July 21, 1983 / Notices 33377 contained in Part 20.no revision also requirements and applicable eupporting one residual heat removal system 24 antistles the provisions of the Nuclear sections set forth in to CFR Part et. Inch weld. AllIndications were reported Waste Po!!cy Act of 1982. Criterion 9 Adequate financ!al arrangements (under to be parallel to the weld in the heat.

w!!!be usedin judging the adequacy terms established by regulation) shall be affected. zone.ne deepest Indicatlo.t cnd compatib!!1ty of that aspect of a

• required of each westa disposal site reported in the 12.lach riser welds is State's regulatory program for regulating ITeenses to ensure sufficient funds for 32% of wall thickness.no deepest land disposal of low. level radioactive decuntamination, closure and indication in the large.stre pipe wele s Is waste. No additional revisions to the stabilization of a disposalsite.In 42% of the wall thickne s in a 22. Inch criteria are considered necessary at this addition. Agreement State financial mantfold end cap weld. ,

, time to enter into an agreement with a arrangements for long. term monitoring . Evaluation by the licensee, submitte i State which includes authority to and maintenance of a epecific site must by letters dated May 26 and lune 0.19sa regulate low. level radioactive waste be reviewed and approved by the Indicates that the projected crack stres, disposal. Commission prior to relieving the site due tointergranular stres corrosion ior Agreement States currently operator of licensed responsibility cracking (IG" 'I and fatigue crack regulating operating burial sites. NRC (section 151(a)(2). Pub.1.97-425). growth In the L large dismeter has been and will continue to work with Commissioner Roberts.In defective welds at the end of an 16 the States to implement Part et disapproving, stated *'Civen the states' month fuel cycle would be within the provisions on a case.by. case basis, to and the public's interest in all aspects of ASME Code limits.

the extent practicable.na waste our waste disposal regulatwns and transfer and manifest system.10 CFR ne licensee's evaluatlon also showed guidance, this revision should go out for that the 2312. Inch riser welds and the 20 311 becomes effective December 27, public comments.** four 22. Inch manifold end cap welds 1963. On an interim bests, arrangements De ted at Washin2 ton. D.C. this 14 th day of required repair for continued service e are being made with the Agreement July,1983. because their calculated projected Stales regulating the existing burial s!!es For the Nuclest Regulatory Commission. cracks would exceed the Code limits at to implement the waste classification system and waste transfer and manifest Samual ). Chl:k. the end of an 16. month fuel cycle.

Secretory of the Comm/ss/on. All 23 of the defective 12. Inch riser system through the burial site licensees. welds and three of the four derc;tive m m ,.a ,s. i ron runTwan twonuATiou coNTACTt puneo coot tsem.as end cap welds WCre repaired using a Kathleen N. Schneider. Office o! State weld overley process.ne remaining Programs, U.S. Nuclear Regulatory end cap was replaced.no licensee's Commlaslon. Washington, DC 20555. IDocket No. 50-3861 evaluation showed that each weld telephone: 301-492-0893* overley was desfgned such that the weld Georg!a Power Co. et al.! Confirming sveruurwTany twonuaTioec Criterion Ucensee Commitments on Pipe Crack joint meets the ASME Code Section !!!

9 la revised to reed aa follows: Renated lasues requirements. Including fatigue. The

. . . . . predleted ultimate failure load based on I tearing modulus approach was

9. Radioactive Waste Disposal. calcula ted for each overlay design. no The Georgia Power Company (CpC or (a) Waste disposal by material users. the licensee) and three other co. owners ultImste failure load was shown to be at ne standards for the disposal of ara the holders of Faci!!ty Operating least three times the normal applied radioactive materials into the air, water ucense NpF-5 which authorizes loads, which provides a safety marnin and sewer, and burf al in the soll shall be operation of the Edwin I. Hatch Nuclear larger than that inherent in the Code.

In accordance with 10 CFR Part 20.

• Plant. Unit 2 (Hatch or the facility) at ne staff has reviewed the licensee's Holders of radioactive material de: Iring steady state reactor power levels not in submittals including analysis of weld to release or dispose of quantitles or excess of 2436 megawatts thermal.The overlay design sad the calculation of concentrations of radioactive materials facility is a bolling water reactor located ICSCC crack growth, based on current in excess of prescribed limi't shall be at the licensee *r site in App!!ng County, crack growth datn. to support the required to obtain special permission Georgia, continutr g service for an 18. month fuel from the appropriate regulatory cycle with the 25 overlay repaired 12 authority. U Inch riser and 22. Inch manifold end cap Requirements for transfer of waste for During the current 1983 refueling welds, and the 12 unrepaired large.

the purpose d ultimate disposal at a outage et Hatch Unit 2. augmented diameter defective welds.

land disposal facility (wesie transfer Inservice inspection was performed on ne staff has performed independent and manifest system) shall be in the recirculation reactor heat removal calculations of crack growth, alsn based accordance with 10 CFR 20. and reactor water cleanup system pfptng on current crack growth data on the The waste disposal standards shall in accordance with Offlee ofInspect!on worst circumferential mck among the include a wants classification scheme and Enforcement Bulletin 83-02.The 12 large-diameter defective welds. Our and provistons for waste form, original sample size was expanded to calculated final crack depth at the end applicable to waste generators, that la 108 welds after ultrasonic Indications of an16 month period meets the Code

. equivalent to that contained in la Cm were reported on welda la the e-iginal limit with adequate margin.Therefore.

Part 81. 4 sampling. Welds mostlikely u : rack based on the stafra calculations and (b) land d!sposal of waste received were selected for'the expanded review of tholleensee's analyses using -

from other persons.The State shall inspection.Overall,out of a totalof too current crack growth data. we conclude promulgate regulations contain!ng welds inspected, a total of 39 were that the continuous service of the 12

. Licensing requirements for land disposal found to show linear indications which large-dlameter defective welds without of radioactive waste received from other consist of 2312. Inch riser welda, four 22- repatr for one 15-month fuel cycle would persons whIch are compatible with the inch manifold end cap welds, nine 28- be acceptable because the Code design app!! cable techn! cal defin!!!ons, inch rectreulation welds, two restdual margin is malntained. However, recent performance objectives, techcIcal heat removsl system 20 Inch welds and fl eld experience has indicated that the b

d +

reveras magneter i vrL 90. No. 205 I Wednesday. October 25. 1995 / Notices cf the Atomic Erwrgy Act tf1954,as Ridge. IN 37830. ATTN:Mr. Arthur J. available for public inspectirn at the aironded,with NRC t) regulate,inapact Palmer. !D. and Commluion's Public Documet Room.

l or obrwise exercles control of 2.The NRC staff, by delivery to the b Gelman Building.2120 L Street.

{ 't erstions, with respect to source and Executive Director for Operations. One NW., Washington. DC. and at the local 9toduct meterial, for disposal of ht White Flint Nonk.11555 Rockville

.atcial et t!.e EW disposal facility at Pika. Rockville. MD 20652, or by mall.

• public document room located at theUniversity 4chland. Washington, addressed to the Executive Director for Library. Government Documents Prior ta h issuance of b proposed Operations. U.S. Nuclear Regulatory Collection.2801 West Bancroft Avenue, renewal.NRC will have made !!ndings Comminston. Washington.DC 20555. Toledo. Ohio 43606.

required by the Atomic Energy Act of For furht Betells with respecs to this 1954 as amended.and NRC's Deted at Rockvith. mryland, thns 2rth day action, & application for license of Septernher 1995~

regulations. These findings will be renewal is available for inspection at the For the Nuclear Reguletary Canuntasion.

docunwnted in a Sefety Evaluation Commission's Public Document Room. Leeds 1, cendrosa.

Report and an Environmental 2120 L Street NW., Washington. DC Assessment. pp,j,cvmn ge,.proAserDirectorost5-3.

20555.

N NRC bereby provides nodce that Division ofneoctor Protecto-lWlV.Offr- of this is a proceeding on an application Deted at nochilk.Wryland eis 19th day NucJear AwesorReguleuon.

of October tees. Int Doc. 95-26419 Filed 10-24-45. 8:45 mml scope o b in l Cc.

Proadum for Adivdications in .-

Meterials Licensing Promedings of NRC a rules and practice for domestic m

c3 3,f,gy g,,,g,,j

% y ,,,, ,,g p ,,, , ,ju;,3jn ,Evabation of Agmement Sum hcansing pmoeengs in 10 CR Part 2. p,,,,c,3,,3ch, om,jon ,f w,,,, Radston Contml Programs Monogement. Office ofNucisar Weersal Pursuant to 5 2.1205(s). any penon sof,rrandsefecuerds. A0asev: Nuclear Regulat"Y w nte y ed y e (FR Doc. 96-26418 F1hd 10-24-45; 8:45 mal

• • • • • • "**** ,,jm implementation of the oaring in accordance wie $ 2.1205(c). Integrated Materials Performance A request for a hearing must be filed Evaluation Program pending final withm thirty (30) days of the date of Ipeeset he. so.3aeg Cnmmission approval of the Statement publication of this Federal Register of Principl s and Policy for the nstice. Toledo Edogn Company, et al.; Davie- Agrwment State Pmgram and b Policy W request for a hearing must be Sesse Nuesar Power Station. Unit No. Statement on Adequacy and filed with h Office of b Secretary 1; Amendment to Facleity Operating Compatibility of Agreement State either. Licene Nottee of Withdrewel of Programa.

1. By delivery to the Docketin and APP 4 cation for Amendment to Facility

%rvice Branch of the Office of the Operating Lloonee susasant: The Nuclear Regulatory

( *

1. f5 Rockv le P North vilk' g he U.S. Nuclear Regulatory Commluton (NRC)is implementing. on an interim basis, b Integrated Commission (b Commlulon) has Materials Performanca Evaluation

. r I or telegram addresse it o grarr.ed b request of the Toledo Edison Program (D4 PEP) to be used in the the Secntary. U.S Nuclear Regulatuv - Cenpanf. Centerior Service Company. evaluation of Agreement State Programs.

Commission. Washington, DC 20555. and the leveland Electric illuminating To effect this implementation. 6 NRC Attention: Docketing and Service Company (the licenwes) to withdrew its will suspend relevant portions of b August 18.1995, application for May 28,1992 General Statement of Branch'dition in ad to me.. 's other applicable requirements of to CFR Part Proposed amendment to Facility Operating License No. NPF-3 for the Policy " Guidelines for NRC Review of Agreement State Radiation Control 2 of the NRC's regulations, a re Davis.Besne Nuclear Power Station. Unit Prognms 1992." Management Dtructive a hearing filed by a personr than o@ quest for located in Ottawa County Ohio.

No.1. S.6 Integrated Materials Performance an appbcant must desenbe in detail: The proposed amendment would Evaluation Program. will be used as the

1. The intest of b requestar in the have revised Technical Specification implementing procedure.

Section 3/4.7.S.1. " Ultimate Heat Sink" The NRC wdlimplement DdPf'P in proceedinb:

2. How t Interest may be affected to increase the suudmum temperature the evaluation of Agrument State by the results of 6 proceeding, from leu than or equal to 65 'T to less Pro 5rsms until such time as final ir.cluding the reasons w hy b requestor than or equal to 90 'F. implementing procedures for b policy should be pwmitted a bearing, with The Commission had previously statements:" Statement of Principles particular toImnca to b factors set out luued a Nodce of Consideretion of and Policy for the Agreement State in 5 2.1205(x); Imuance of Amendment published in Program" and " Policy Statement on the

3. ne requestor's areas of concern the Federal Reli ster on August 24.1995 Adequacy and Competibility of cbout b licensing activity that is the (60 FR 44091). However, by letter dated Agreament State Programs."and any subrect matter of h proceedinc and September 12.1995, the limnsee -

revisions to these policy statements are

4. ne arcumstarces utablishing that withdrew the posed change approved by the Commission (See 60 nt the request lee a hearing is timely la For furthe ils with rue to this 39+64: August 2.1995). Conforming accordance with 6 2.1205(c), actica, em the request for en ment revisions to D4 PEP in run-tion with in accordance with to CFR discredan dated August 17,1995,the -

the compledom of week on those two 91.12054e), each rensest for a hearing applicstion for emndseest dated

• policy erstements will be done as must also be served, by delivering it August 18.1995, and the !!consee's opproprists. DdPEP will then be personally or by snail, te: letter dated September 12.1995, which implernented en a permanest basis and S.orsoon.12e The applicant.

FranklinAmerican Ecogwithdrew @ application for license the 1992 policy statement oc

( Road, amendment. The above deci.usesta are "Guidelinee for NRC review of

Federal Register / Vol. 60. No. 206 i Wednesday. October 25, 1995 / Not!ces 5/

p Stees Radjetjan Centrol )

, ..,mma" will be pescinded. A;: _ t State Program sad Wev sprecme savt: Otsober 1.1995. Statement on the Adoracy and CrporeGon.72517th Street NW..

Caespotibilit Raom 3204.Washlagton.DC20503 he aconsters: Wrwed pmans swy Programs." y of Agreement State est for opproval will be aveiltble lot obtain a single copy of "---- licinspection at the PSGC Low level weste.urnaliam all) or Deagan U.S.lfuclearRegulatoryDtroedn sealed souros and amics programs Agreement States w!!! not be miewed S.6in b writing Mr. Coorge- unicadoes and Public Affairs Department, suite 240.1200 K Street.

Comsnissico. Mall Stop TD-FS. -

Washington. DC 20$1'i, - as common pr formanceindicators NW., Washington. DC 2n005, between since NRC Hasdq ers these the bours of 9 a.m. and 4 p.m.

[th Schn e O m of p o ev Pt- . hash'in fo' n

• m pe orman uation appr:4ch. Marc L. Jordan. Attorney Omcs of the .

adcat , will be .

Wphone 20555*

(30thon15-2320. utillaedin reviews of NRC and as in o 2 Agreement $4ste programasin these 202-2264024 (202-326-4179 for TTY supei.swaarrany eseomniations: in 1994, anas. and TDD). (bee are not toll.fm NRC reposed a procou to evaluate  % NRC wlH miew 6 perfomancs numWsJ NRC ional prograrns and Agreement State suppunstwfARY esponatatioN:The ation Control Progrsms, that regulate the um of radioactive meterials, willbe coord Ch [ '" I'[ $ 8' d *di don Paperwork Reduction Act of1980 (44 in an integrated msnner using common ed with the States For U.S.C. Chapter 35) establishes policies performance indicators. N statt ggm wi m and procedums for controlling 6 conducted a pilot program in 1994 with compatible paperwork burdens 'mposed by Federal thm Agreement States and two NRC extending th' the etaff will consider egencies on b public.The Act vests Regional rnatorials programs usin e current miew cycle of 2 years go 3 4 yean. the Omco of Management and Budget draft Management Directive 5.6. g the (OMB) with regulatory nsponsibihty

" integrated Materials Performance . of Deted October,1995. at Rochville Maryled this t eth day over these burdens, and OMB haa -

Evaluation Program"(DOEP). On lune promulgated rules on the clearance of 27.1995, the Commission approved For the Nuclear Regulatory Ceauelesion.

collections ofinformadon by Federal implementation ofIMPEP on an interim Joka C Hoyle. "O '

basis. The draft Management Directive Secretaryof the Comunuslen.

is curnntly beleg propand in $nal De PSGC has established a tall.fn-form. apR,,a Doc.

,,,,,,,,, 95 24415 Filed 10-2+-es, s.45 aml telephone urvice that) gives generalinformadon concer Five cornmon performanca Indicators, -

rBGC a insurance program.ning b as described in Management Directive Une of the 3.6 will be used to determine adequac PENSION BENEFTT GUARANTY toll.fm wrvice by the general public of materials programs Additionall . y hos been significantly below CORPORATION * *P*CI* U *D 8' Compaubihty of Regulations and al Authorny lincluding unforcement) ill Rogueet for a Collection of Information The PBGCplans to conduct a series of be addressed as non common under the Paperwork Reduction Act; three focus groups of15 participants indicators. Existing proceduns for Customer Sessfaction Focus Groups each, and to distribute survey compatibihty determinations (OfScs of and Surveys questionnaires to the focus group State Programs B.7 Procedure) will Anspect:

continue to be utilino in connocuan Corporetion. Pension Beneat Guaranty [ tic]igy '"ta "j and p tog 150 other with NRC Andings on Compeubility of PeMgc, Pan (and 150 e Regulations underIMPEP until the Analapproval. ACTION:Nouco ofrequest for OMB w eyn poudents be selected largely from the implementing procedures for the policy 41 N N articipants P and etatements:" Statement of Principles bee $ciaria in coved pasion plans]

and Polic suasmany: The Pension Benefit Guaranty Program"y for the A'gmment State Corporation has requested that 6 - The purpose of the focus groi,as and Adequacy and " Policy Statemet on the Omce of Management and survey and Compatibilit Budget questionnaires is to evaluate the Agmment State Programs."y of ("OMB") approve a new collecdon of PBGCi toll free servics and to assist h and any information under the Paper eork PBGC in making necessary nvisions to these policy statemets are irnprovements to that service, cpproved by b Commission. N Reduction Act. The purpose of this interim implementation ofDGEP will infomation ecllection, which will be 7}.e PBCC estimates that the total require the partial suspension of h conducted through thm focus group annual burden of this collocuan of May 28,1992 General Statemut of meMngs and a small of number of information will be 147.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br />.The Policy "Guidehnes for NRC Review of surveys. ls to help the PBCC evalua te its PBGCis requesting that OMB ap rose Agreement State Radis tion Control toll'It'e telePhone service providing this collection on an om n is so Programs,1992"(57 FR 22495). The basic informatfon about the PBCC insurance program that needed improvemen in e toll.

h*RC will only continue to apply b Im service ces madua een as single program element of the 1992 Batti: b PSGCis requesting ht possible, Generst Statement of Policy entitled OMB 1.1995, opprove this request by November

" legislation and Regulations "NFC will issued at Washington.Dn, this 23rd day of Octobot. mL nscind the entire 1992 General acoststsas: All written commets (at Marna saare,  !

Statement of Felicy upon Anal opproval least thm copies) should be addmsed and implementation of the " Statement to: Omco ofInformation and Regulatory Emeeurne Corp 0'eLon. Duector. pension sen,pr cuarant,i af Principles and Polley for b Affairs of OMB, Attention: Desk Omcor T for the Penalon Benefit Guaranty IFR Doc. 95-29424 Filed 10-2s-et 8 e5 emi anuais esse rism.e

a m

~

~

Federal' Register / Vd.'62 No. ~200 / Thursday October 16,1997 /: Notices 53839 L

. emissions to an average flux of no more in addition to meeting other

> . has been appointed to assist the ' applicable requirements of 10 CFR part Presiding Omcor in taking evidence and - than 20 pC1/m.s/s above background: 2 of the NRC's regulations, a request for in preparing a suitable record for for the inactive impoundment '

. (enhanced barrier)-December 31, - a hearing filed by a person other than review. an applicant must describe in detail:

All correspondence, documents and - 1999; - , ,.

(1) The interest of the requestor in the ,

other materials shall be !11ed with judge for the A-9 impoundment--December 31,2003;- pmceeding:

Bloch and Judge Kelber in accordance .

(2) How that interest may be affected -

with 10 CFR 2.701. Their addresses are: for the Heap Leach impoundment- -

December 31,1998. by the results of the proceeding.

Administrative Judge Peter B. Bloch, Presiding Officer, Atomic Safety add B. (1) Placement of erosion protection including the reasons why the requestor ,

should be permitted a hee'ug.with Licensing Board Panel.U.S. Nuclear as part of reclamation to comply with

• particular reference to the factors set out Regulatory Commission, Washington, Criterio16 of Appendix A of 10 CFR . in 5 2.1205(g);

DC 20555 _

a- . Part 40: .  ; _.

(3) The requestor's areu of concern -

Dr. Charles N. Kelber, Special Assistant, --for the inactive impoundment-- c- - - about the licensing activity that is the

- Atomic Safety and Licensing Board December 31,2002; . .

subject matter of the proceeding; and Panel. U.S. Nuclear Regulatory for the A-e impoundment--December e (4) The circumstances establishing 31.2004; Commission, Washington, DC 20555 that the request for a hearing is timely for the Heap Leach impoundment- in accordance with $ 2.1205(c),

lasued at Rockvtlie, Maryland, this 9th day December 31,2001.

of October 1997. The request must also set forth the R. Paul Couer* Umetco's application to amend LC 59 8Pecific asyect or aspects of the subject of Source Material License SUA-648 ' matte of tne proceeding as to which CMefAdministmt/veJudge. Atomic Safety which describes the reposed changes -

" #

• Petitioner wishes a hearing.

to the license condition and the reasons Deted at Rockville. Maryland,this 8th day

• IFR Doc. 97-27423 Filed 10.-1be7; 8:45 aml for the request is being made available .

su m coon m 4 for public inspection at the NRC's of October 1997.

Public Document Room at 2120 L Street, Joseph J.itolanich, NW (Lower Level), Washington, DC Chief, t/runfum Recovery Bmnch. Division NUCLEAR REGULATORY 20555. of Waste Management, Office of Nuclear COMMISSION ^ '

The NRC hereby provides notice of an MaterialSafety and Safeguards.-

opportunity for a hearing on the license (FR Doc. 97-27418 Filed 10.-1997; a:45 aml -

(Docket Number 40-0299) - amendment under the provisions'of to ,u ,a coe, m ,

Umetco Minerais Corporation; Notice CFR Part 2. Subpart L. " informal of Opportunity for a Hearin9 ,

Hearing Procedures for Adjudicatione in -

u- Materials and Operator Licensing NUCLEAR REGULATORY AGENCY: Nuclear Regulatory Proceedings." Pursuant to $ 2.1205(a), COMMISSION Commission. any person whose interest may be ACTION: Notice of receipt of application, affected by this proceeding may file a

' Evaluation of Agreement Stata Radiation Control Programs .

t r a mY1 sto es ' request for a hearing. In accordance c g "I ' ' ' 8 AGENCY: Nuclear Regulatory in Condition 59 of Source Material mn d th Commission. ~

License SUA-648 for the Gas IIllis, . " publication of this notice in the Federal ACTION: Implementatlon of the Wyoming Uranium Mill. d' ,

Register. The request for a hearing must be filed with the Office of the Secretary, Integrated Materials Performance suuaAARY: Notice is hereby given that Evaluation Program and rescission of a.

the U.S. Nuclear Regulatory either: ' .

(1) By delivery to the Docketing and ' final general statement of policy.

Commission (NRC) hat received, by letter dated October 3,1997, an Service Branch of the Office of the -

suseWARY:TheNuclearR ul a Ono te Flin Commission (NRC)is im emen ngthe

- application from Umetco Minerals , R Corporation (Umstcol to amend License Integrated Materials Performance 208 Evaluation Program (IMPEP) for the -

Condition (IL) 59 of its Source Material {2) y mail or telegram addressed to evaluation of Agreement State programs.

License No. SUA-648 for the Gas Hills, the Secretary, U.S. Nuclear Regulatory NRC la rescinding the May 28,1992, Wyoming uranium mill.The license Commission, Washington, DC 20555, General Statement of Policy " Guidelines amendment application reposes t Attention: Docketing and Service for NRC Review of Agreement State

, modify 14 59 to extend e completion B Radiation Control Programs,1992,"

dates for placement of the final redon $chacE:ordance with 10 CFR 2.1205(e),

barrier and the erosion protection cover since it is now superseded.

The NRC Las issued the final policy for the inactive, the A-9, and the Heap each ]unst for a hearing must also bey delivering it personally or by serve Leach impoundments, mail, to:

and Policy for the Agreement State FOR WRTHER INFORMATION CONTACT: (1) The applicant.Umetco Minerals Mohammad W. Haque, Uranium Corporation,2754 Compass Drive Suite Program" and " Policy Statement on the

' Adequacy and Compatibility of Recovsry Branch, Division of Weate 280 Grand Junction. Colorado 81506-Management. U.S. Nuclear Regulatory 8741, Attention: John S. Hamrick; and ' ' Agreement State Programs " (See 62 FR (2) The NRC staff, by delivery to the 48517; September 3.- 1997). Conforming Commission. Washington. DC 20555. revisions to D,fPEP la connection with Telephone (301) 415-6640. Executive Director for Operations. One White Flint North.11555 Rockville , these two policy statements have been s@Pt.EMENTARY WWORn4ATION:The completed and are reflected in the portion of LC 59 with tne proposed '

• Pike. Rockville, MD 20852 or by mail implementing procedure, Management s

changes would read as follows: addressed to the Executive Director for Directive 5.6, integrated Materials A. (3) Placement of final radon barrier Operations U.S. Nuclear Regulatory Performance Evaluation Program.

designed and constructed to limit rudon Commission.Washingtnn DC20555. ,

e

N ,

\ t C3840 - Federal Register / Vol. 62, No. 200~ / Thursday, October 16,1997 "/ ~ Notic:s {

EFFECTIVE DATE: October 1,1997.* -For the Nuclear Regulatory Commission. The conclusion of the evaluation is that I~

ADDRESSES: Interested persons may tbtain a single copy of Management John C. Iloyle, .-

Secreatyof theCoaunission.

no further enforcement action is . ?

warranted for those issues and LERs that ~

are closed. LERs which remain open

(

Directive 5.6 by contacting Nancy (FR Doc. 97427424 Fued 10-15-97; se aml will be resolved through the normal Belmore, Office of State Programs, U.S. 8" N C008 75* H H-# -

i[lfection and enforcement process and f

(

• Nuclear Regulatory Commission *, be addressed in a Fhal Director's Document Control Desk, P1-37' NUCLEAR REGULATORY . ^ ^ Decision after the NRC staff has Washington, DC 20555, telephone. - COMMISSION a completed its evaluatious. The reasons (301}-415-2326-

- . for the staff's conclusions are provided i

. . _ in the " Partial Director's Decision FOR FURTHER INFORM TION CONTACT: Pursuant to 10 CFR 2.200" (DI)-97-25),

Kathleen N. Schneider, Office of State Vermont Yank'oe Nuclear Power  ;

the completo text of which follows this Progranu, U.S. Nuclear Regulatory -

Corporation, Vermont Yankee Nuclear nouce and is avaHable for pubhc Commission, Document Control Desk, Power Station;losuance of Partial inspection at the Commission,s Public P1-37, Washington, DC 20555, . - Director's Decision Under 10 CFR . D cument Room, the Gelman Building, i telephone (301)-415-2320. 2.206 ,

2120 L Street.NW., Washington, DC 4 SUPPLEMENTARY INFORMATIONi in 1995, Notice is hereby given that the 20037, and at the local public document NRC implemented, on an interim basis, Director, Office of Nuclear Reactor room located at Broob Memorial a process to evaluate NRC regional Regulation, has taken action with regard ubrary,224 Main Street, Brattleboro, licensing and inspection programs and to a Petiuoc dated December 6.1996, VT 05301. A copy of the Dectilon will Agreement State radiation control - submitted by Mr. Jonathan M. Block, on be filed with the Secretary of the programs that regulate the use of - behalf of the Citizens Awareness ,

Commission for the Commission's '

radioactive materials in an integrated Network. Inc. (CAN). The Petition review in accordance with 10 CFR v

manner using common performanco requested evaluation of certain. 2.206(c) of the Commission's indicators (see 60 FR 54734; October 25, Memoranda enclosed with the Petiuon regulations. As provided for by this relating to the Vennont Yankee Nuclear regulation, the Decision wul become the

- 1995). The NRC staff conducted the Power Station operated by the Vermont final action of the Commission'25 deys interim program using Managernent after the date'of issuance, unless the Directive 5.6, " Integrated Materials Yankee Nuclear Power Corporation .

Commission, on its own motion. .

Performance Evaluation Program" dated (Licensee) to see if enforcement action is wananted. , institutes a review of the decision in g September ;2,1995. On June 30,1997, '

'4-the Commission approved SECY - The first document enclosed with the that time.

054. E'inal Recommendations on Policy Petition is a CAN Memorandum dated Deted at Rockville, Maryland, this 6th day December 5,1996, that reviews , og oc,g,39,7, Statements and implementing information presented by the Licenseo For the Nuclear Regulatory Commission.

Procedures for:" Statement of Principles at an enforcement conference held on and Policy for the Agreemant State samuey, comna 23 9 o in a mmn Program' and " Policy Statement on the [u , Director. Office ofNuclear Reacte '

Adequacy and Compatibility of residual heat removal system. CAN 8#8"l#"' '

raises a concern that the corrective Partial Director's Decision Pursuant to Im ingI EP w t th action taken by the Licensee in o ening to CFR 2.206 corres uding revisions as a result of these valves may have introduce an the fina policy statements.The revised I. IntroIuction

• • I'ty question with regard Management Directive is currently being [ g,g ,,

prepared 4.n final forra to incorporate the M. Block, submitted a Petition to the -

The second document enclosed with final policy statements atid comments the Petition is a CAN Memorandum , Office of the Secretary of the U.S.

received durm, E Interim implementation dated December 6,1996, that contains a Nuclear Regulatory Commission (NRC) ofIMPEP from the Regions and the review of certain 1.icenseo Event Reports Pursuant to Section 2.206 of Title to cf Agreement States. (LERs) submitted by the Licensee in the the Code of Federal Regulations (10 CFR NRC is rescinding the May 28,1992, latter part of 1996. Various issues are 2.206).The Petition was submitted on "NRC Review of Agreement State presented, such as fire protection, behalf of the Citizen's Awareness Network, Inc. (CAN or Petitioner), and Radiation Control Programs: Final - tornado protection, thermal protection General Statement of Policy," on for piping lines, equipment operability, contained two Memoranda from CAN.

,and equipment testing. On the basis of The first Memorandum enslosed with October 1,'1997 This policy is the Petition is dated December 5,1996.

superseded by IMPEP, which is no ' -its analysis of the LERs,CAN reaches certain

~

conclusions regarding the It reviews information presented by the longer considered an interim program. '

performance of the Licensee and actions Vermont Yankee Nuclear Power sMALL BUSWESS REQUt.ATORY Corporation (Licensee) at a ENFORCEMENT FAIRNESS ACT:In 1 that Onshould the basis beoftaken' thes e documents, CAN' predecisional enforcement conference -

accordance with the Small Business requests that the NRC determine held on Jul 23,1996, involving the Regulatory Enforcement Fairness Act of whether enforcement action is minimum ow valves in the residual 1996, the NRC has determined that warranted pursuant to 10 CFR 2.206. heat amoval(RHR) system at the Management Directive 5.6 is not a major The Director of the OfSce of Nuclear Vermont Yankee Nuclear Power Station rule and has verified this determination Reactor Regulation has granted the (Vermont Yankee facility). CAN raises a with the Office ofInformation and Petition in that the NRC staff has concan that the corrective action taken Regulatory Affairs of the Office of evaluated the majority of issues and by the Licensee in opening these valves Management and Budget. - LERs raised in these Memoranda to see may have introduced an unreviewed Dated at Rockvi'Ja Maryland this 7th day II enforcement action is warranted based safety question with regard to of October,1997 upon the information contained therein. containment isolation.

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