[Federal Register Volume 60, Number 231 (Friday, December 1, 1995)]
[Notices]
[Pages 61716-61717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29295]



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NUCLEAR REGULATORY COMMISSION


Adequacy and Compatibility for Agreement State Radiation Control 
Programs; Working Group

AGENCY: Nuclear Regulatory Commission.

ACTION: Establishment of Working Group on Adequacy and Compatibility 
Implementing Procedures.

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SUMMARY: A working group consisting of representatives from Agreement 
States and from the Nuclear Regulatory Commission (NRC) has been formed 
to respond to Commission direction in Staff Requirement Memorandum 
(SRM) dated June 29, 1995, which instructed staff to develop 
implementing procedures for the Policy Statement on Adequacy and 
Compatibility of Agreement State Programs.

FOR FURTHER INFORMATION CONTACT: Ms. Cardelia H. Maupin, Office of 
State Programs (OSP), U.S. Nuclear Regulatory Commission, Washington, 
D.C. 20555, Telephone: 301-415-2312.

SUPPLEMENTARY INFORMATION: On August 2, 1995 (60 FR 39464), the 
Commission published in the Federal Register an announcement of the 
status and availability of the Policy Statement on Adequacy and 
Compatibility of Agreement State Programs. The Commission approved, in 
principle, the ``Policy Statement on Adequacy and Compatibility of 
Agreement State Programs'' with the stipulations discussed below.
    The Commission deferred implementation of the policy statement 
until implementing procedures are developed and approved by the 
Commission. The NRC staff is to develop the implementing procedures and 
any necessary changes to the policy statement and resubmit the policy 
statement and implementing procedures to the Commission by September 
30, 1996. To respond to the Commission's direction, a working group 
consisting of representatives from the Agreement States and from the 
NRC has been formed.

Scope of Work

    The common and non-common performance indicators of the Integrated 
Materials Performance Evaluation Program (IMPEP), discussed in 60 FR 
54734, published October 25, 1995, are tied to the adequacy component 
under the ``Policy Statement on Adequacy and Compatibility of Agreement 
State Programs.'' The efforts of the Working Group will also reflect 
experience obtained through the interim implementation of IMPEP to 
ensure ease of application for the Policy Statement implementing 
procedures when used to conduct Agreement State program reviews. In 
developing implementing procedures for the Policy Statement, the 
Working Group will analyze all aspects (program elements and 
regulations) of an Agreement State regulatory program and determine 
which elements and regulations should be identical and which elements 
and regulations a State should incorporate into its program but may 
incorporate in a manner different from the NRC, i.e., assign each to a 
compatibility component, as necessary.

Tasks

    In development of the implementing procedures for the ``Policy 
Statement on Adequacy and Compatibility of Agreement State Programs,'' 
the Working Group will be performing the following tasks:
    1. Identification of program elements (excludes regulations) which 
should be considered as being necessary for compatibility.
    2. A. Analyze each NRC regulation applicable to the regulation of 
certain Atomic Energy Act (AEA) materials (those covered by an AEA 274b 
Agreement) and determine the compatibility component to be assigned to 
each, as necessary.
    B. Analyze each program element identified in 1 above, and 
determine the compatibility component to be assigned to each, as 
necessary.
    3. Develop draft implementing procedures for the Policy Statement 
which address the following:
    A. Identification of regulations necessary for compatibility by 
Agreement States which should be adopted by the States as soon as 
possible after adoption by NRC, but in no case later than three (3) 
years following the effective date of the NRC final rule.
    B. Identification of program elements (other than regulations) that 
are needed for compatibility by Agreement States within six months of 
notification by NRC. However, if adoption of such an element requires 
public notice and comment pursuant to an Agreement State's 
Administrative Procedures Act, the NRC and the State will establish a 
mutually acceptable adoption date.
    C. i. Documentation of Commission-approved guidance for when an 
Agreement State need not adopt a specific regulation if the State has 
no licensees that would be subject to that regulation. The guidance 
will provide that in such cases the State would need to commit to adopt 
the regulation to impose the regulation through license conditions or 
through other legally binding measures, if an application for that type 
of license were to be received by the State.
    ii. Documentation of Commission-approved guidance for when an 
Agreement State may adopt and implement regulatory requirements for 
specific classes of licensees, through imposition of the requirement as 
a license condition or through other legally binding measures (e.g., 
orders), instead of formal regulations. The guidance will provide that 
basic radiation protection standards in 10 CFR Part 20 and other 
regulations applicable to all licensees that are necessary for 
compatibility should be adopted by regulation.
    D. Recommend modifications to the policy statement, as necessary, 
based upon completed implementing procedures.

Committee Organization and Operations

    Cardelia H. Maupin, NRC, OSP, and Robert R. Kulikowski, New York 
City have been selected as co-chairs by the NRC and Agreement States, 
respectively. Other members are Aubrey Godwin, Arizona; Roland 
Fletcher, Maryland; Hampton Newsome, NRC, Office of General Counsel 
(OGC); John Telford, NRC, Office of Nuclear Regulatory Research (RES); 
Richard Woodruff, NRC, Region II; and Paul Lohaus, NRC, OSP will serve 
as a resource person.

Committee Meetings

    Working Group meetings will be announced in advance through the NRC 
Public Meeting Notice System. Maximum use will be made of other 
appropriate media for facilitating interaction with the Working Group, 
e.g., conference calls, facsimiles, and electronic mail. Working Group 
meetings will be open to the public and will be held in the Washington, 
DC area, or other locations as agreed upon by the Working Group 
members. Persons attending Working Group meetings will 

[[Page 61717]]
be welcome to provide comments to the Working Group for its 
consideration in either written form or orally at times specified by 
the Working Group co-chairs.
    A telephonic meeting of the Working Group has been scheduled for 
2:00 pm eastern time on Tuesday, December 5, 1995. All future meetings 
will be announced through the NRC meeting announcement schedule. The 
Working Group expects to meet at approximately monthly intervals. 
Information on future meetings will be available to the public:
     By telephone recording on the toll-free NRC Public Meeting 
Announcement System, 1-800-952-9674;
     By electronic bulletin board on the toll-free NRC bulletin 
board, 1-800-952-9676;
     By postings in the NRC Public Document Room at the Gelman 
Building, 2120 L St., N. W., Washington, D. C. 20037 and Local Public 
Document Rooms; and
     By Internet on the toll-free NRC at FedWorld, 1-800-303-
9672, access through the GATEWAY option.
    A conference room at the NRC One White Flint Building, 11555 
Rockville Pike, Rockville, Md., 20852-2738, Room 1F7&9, has been 
reserved for members of the public who wish to participate in the 
December 5, 1995 telephonic meeting. Any questions can be directed to 
Ms. Cardelia Maupin at 301-415-2312. In addition, conference space has 
been reserved at the Arizona Radiation Regulatory Agency, 4814 South 
40th Street, Phoenix, Arizona 85040 for persons wishing to participate 
telephonically in the meeting and the contact person is Mr. Aubrey 
Godwin, Director, Arizona Radiation Regulatory Agency, 602-223-2212.

    Dated at Rockville, Maryland this 27th day of November, 1995.

    For the Nuclear Regulatory Commission.
Richard L. Bangart,
Director, Office of State Programs.
[FR Doc. 95-29295 Filed 11-30-95; 8:45 am]
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