[Federal Register Volume 60, Number 206 (Wednesday, October 25, 1995)]
[Notices]
[Pages 54734-54735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26415]



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NUCLEAR REGULATORY COMMISSION

Evaluation of Agreement State Radiation Control Programs

AGENCY: Nuclear Regulatory Commission.

ACTION: Interim implementation of the Integrated Materials Performance 
Evaluation Program pending final Commission approval of the Statement 
of Principles and Policy for the Agreement State Program and the Policy 
Statement on Adequacy and Compatibility of Agreement State Programs.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is implementing, on an 
interim basis, the Integrated Materials Performance Evaluation Program 
(IMPEP) to be used in the evaluation of Agreement State Programs. To 
effect this implementation, the NRC will suspend relevant portions of 
the May 28, 1992 General Statement of Policy ``Guidelines for NRC 
Review of Agreement State Radiation Control Programs, 1992.'' 
Management Directive 5.6, Integrated Materials Performance Evaluation 
Program, will be used as the implementing procedure.
    The NRC will implement IMPEP in the evaluation of Agreement State 
Programs until such time as final implementing procedures for the 
policy statements: ``Statement of Principles and Policy for the 
Agreement State Program'' and ``Policy Statement on the Adequacy and 
Compatibility of Agreement State Programs,'' and any revisions to these 
policy statements are approved by the Commission (See 60 FR 39464; 
August 2, 1995). Conforming revisions to IMPEP in connection with the 
completion of work on these two policy statements will be done as 
appropriate. IMPEP will then be implemented on a permanent basis and 
the 1992 policy statement on ``Guidelines for NRC review of 

[[Page 54735]]
Agreement State Radiation Control Programs'' will be rescinded.

EFFECTIVE DATE: October 1, 1995.

ADDRESSES: Interested persons may obtain a single copy of Management 
Directive 5.6 by writing Mr. George Deegan, U.S. Nuclear Regulatory 
Commission, Mail Stop T8-F5, Washington, DC 20555.

FOR FURTHER INFORMATION CONTACT: Ms. Kathleen N. Schneider, Office of 
State Programs, U.S. Nuclear Regulatory Commission, Document Control 
Desk, P1-37, Washington, DC 20555, telephone (301)-415-2320.

SUPPLEMENTARY INFORMATION: In 1994, NRC proposed a process to evaluate 
NRC Regional programs and Agreement State Radiation Control Programs, 
that regulate the use of radioactive materials, in an integrated manner 
using common performance indicators. The staff conducted a pilot 
program in 1994 with three Agreement States and two NRC Regional 
materials programs using the draft Management Directive 5.6, 
``Integrated Materials Performance Evaluation Program'' (IMPEP). On 
June 27, 1995, the Commission approved implementation of IMPEP on an 
interim basis. The draft Management Directive is currently being 
prepared in final form.
    Five common performance indicators, as described in Management 
Directive 5.6 will be used to determine adequacy of materials programs. 
Additionally, Compatibility of Regulations and Legal Authority 
(including enforcement) will be addressed as non-common indicators. 
Existing procedures for compatibility determinations (Office of State 
Programs B.7 Procedure) will continue to be utilized in connection with 
NRC findings on Compatibility of Regulations under IMPEP until the 
final implementing procedures for the policy statements: ``Statement of 
Principles and Policy for the Agreement State Program'' and ``Policy 
Statement on the Adequacy and Compatibility of Agreement State 
Programs,'' and any revisions to these policy statements are approved 
by the Commission. The interim implementation of IMPEP will require the 
partial suspension of the May 28, 1992 General Statement of Policy 
``Guidelines for NRC Review of Agreement State Radiation Control 
Programs, 1992'' (57 FR 22495). The NRC will only continue to apply the 
single program element of the 1992 General Statement of Policy entitled 
``Legislation and Regulations.'' NRC will rescind the entire 1992 
General Statement of Policy upon final approval and implementation of 
the ``Statement of Principles and Policy for the Agreement State 
Program'' and ``Policy Statement on the Adequacy and Compatibility of 
Agreement State Programs.''
    Low-level waste, uranium mill or sealed source and device programs 
in Agreement States will not be reviewed as common performance 
indicators since NRC Headquarters conducts these NRC licensing 
activities. A performance-based evaluation approach, similar to that 
developed for the common performance indicators, will be utilized in 
reviews of NRC and Agreement State programs in these areas.
    The NRC will review the performance of each Agreement State on a 
periodic basis. Each Agreement State evaluation will be coordinated 
with the States. For those Agreement States with program findings that 
are both adequate and compatible, the staff will consider extending the 
current review cycle of 2 years to 3-4 years.

    Dated at Rockville Maryland this 19th day of October, 1995.

    For the Nuclear Regulatory Commission.
John C. Hoyle,
Secretary of the Commission.
[FR Doc. 95-26415 Filed 10-24-95; 8:45 am]
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