[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)]
[Notices]
[Pages 48535-48539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22514]
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NUCLEAR REGULATORY COMMISSION
[NRC-2016-0094]
Agreement State Program Policy Statement; Correction
AGENCY: Nuclear Regulatory Commission.
ACTION: Revision to policy statement; correction.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is correcting a
notice that was published in the Federal Register (FR) on October 6,
2017, regarding consolidation of two policy statements on the NRC's
Agreement State programs. This action is necessary to provide the
policy statement revision which was inadvertently left out of the
previously published FRN.
DATES: The correction is effective October 18, 2017.
ADDRESSES: Please refer to Docket ID NRC-2016-0094 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0094. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to [email protected]. The
ADAMS accession number for each document referenced (if it is available
in ADAMS) is provided the first time that it is mentioned in this
document.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Lance Rakovan, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-2589, email:
[email protected].
SUPPLEMENTARY INFORMATION: In the FR on October 6, 2017, in FR Doc.
2017-21542, please add the Agreement State Program Policy statement.
The text of the Agreement State Program Policy statement is
attached.
Dated at Rockville, Maryland, this 12th day of October 2017.
For the Nuclear Regulatory Commission.
Helen Chang,
Acting Branch Chief, Rules, Announcements and Directives Branch,
Division of Administrative Services, Office of Administration.
Attachment
Agreement State Program Policy Statement
A. Purpose
The purpose of this policy statement for the Agreement State
Program is to describe the respective roles and responsibilities of
the U.S. Nuclear Regulatory Commission (NRC) and Agreement States in
the administration of programs carried out under Section 274 of the
Atomic Energy Act of 1954, as amended (AEA).\1\ Section 274 provides
broad authority for the NRC to establish a unique Federal and State
relationship in the administration of regulatory programs for the
protection of public health and safety in the industrial, medical,
commercial, and research uses of agreement material. This policy
statement supersedes the September 1997 ``Policy Statement on
Adequacy and Compatibility of Agreement State Programs'' and
``Statement of Principles and Policy for the Agreement State
Program.''
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\1\ Subsection 274b. of the AEA authorizes the NRC to enter into
an agreement by which the NRC discontinues and the State assumes
regulatory authority over some or all of these materials. The
material over which the State receives regulatory authority under
such agreement is termed ``agreement material.''
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This policy statement addresses the Federal-State interaction
under the AEA to (1) establish and maintain agreements with States
under Subsection 274b. that provide for discontinuance by the NRC,
and the assumption by the State, of responsibility for
administration of a regulatory program for the safe use of agreement
material; (2) ensure that post-agreement interactions between the
NRC and Agreement State radiation control programs are coordinated;
and (3) ensure Agreement States provide adequate protection of
public health and safety and maintain programs that are compatible
with the NRC's regulatory program.
Although not defined in the AEA, the National Materials Program
(NMP) is a term used to describe the broad collective effort within
which both the NRC and the Agreement States function in carrying out
their respective regulatory programs for agreement material. The
vision of the NMP is to provide a coherent national system for the
regulation of agreement material with the goal of protecting public
health and safety through compatible regulatory programs. Through
the NMP, the NRC and Agreement States function as regulatory
partners.
B. Background
This policy statement is intended solely as guidance for the NRC
and the Agreement States in the implementation of the Agreement
State Program. This policy statement does not itself impose legally
binding requirements on the Agreement States. In addition, nothing
in this policy
[[Page 48536]]
statement expands the legal authority of Agreement States beyond
that already granted to them by Section 274 of the AEA and other
relevant legal authority; nor does this policy statement diminish or
constrain the NRC's authority under the AEA. Implementation
procedures adopted pursuant to this policy statement shall be
consistent with the legal authorities of the NRC and the Agreement
States.
This policy statement presents the NRC's policy for determining
the adequacy and compatibility of Agreement State programs. This
policy statement clarifies the meaning and use of the terms
``adequate to protect public health and safety'' and ``compatible
with the NRC's regulatory program'' as applied to Agreement State
programs. The terms ``adequate'' and ``compatible'' represent
fundamental concepts in the Agreement State programs authorized in
1959 by Section 274 of the AEA. Subsection 274d. states that the NRC
shall enter into an Agreement under Subsection 274b. that
discontinues the NRC's regulatory authority over specified AEA
radioactive materials and activities within a State, provided that
the State's program is adequate to protect public health and safety
and is compatible with the NRC's regulatory program. Subsection
274g. authorizes and directs the NRC to cooperate with States in the
formulation of standards to assure that State and NRC programs for
protection against hazards of radiation will be coordinated and
compatible. Subsection 274j.(1) requires the NRC to periodically
review the Agreements and actions taken by States under the
Agreements to ensure compliance with the provisions of Section 274.
The NRC and Agreement State radiation control programs maintain
regulatory authority for the safe and secure handling, use, and
storage of agreement material. These programs have always included
the security of agreement material as an integral part of their
health and safety mission as it relates to controlling and
minimizing the risk of exposure to workers and the public. Following
the events of September 11, 2001, the NRC and Agreement States
developed and implemented enhanced security measures. For the
purposes of this policy statement, public health and safety includes
the physical protection of agreement material.
C. Statement of Legislative Intent
In 1954, the AEA did not initially specify a role for the States
in regulating the use of nuclear material. Many States were
concerned as to what their responsibilities in this area might be
and expressed interest in clearly defining the boundaries of Federal
and State authority over nuclear material. This need for
clarification was particularly important in view of the fact that
although the Federal Government retained sole responsibility for
protecting public health and safety from the radiation hazards of
AEA radioactive materials--defined as byproduct, source, and special
nuclear material--the States maintained the responsibility for
protecting the public from the radiation hazards of other sources
such as x-ray machines and naturally occurring radioactive material.
Consequently, in 1959, Congress enacted Section 274 of the AEA
to establish a statutory framework under which States could assume,
and the NRC could discontinue, regulatory authority over byproduct,
source, and small quantities of special nuclear material
insufficient to form a critical mass. The NRC continued to retain
regulatory authority over the licensing of certain facilities and
activities, including nuclear reactors, quantities of special
nuclear material sufficient to form a critical mass, the export and
import of nuclear materials, and matters related to common defense
and security.
The legislation did not authorize a wholesale, immediate
relinquishment or abdication by the Commission \2\ of its regulatory
responsibilities but only a gradual, carefully considered turnover.
Congress recognized that the Federal Government would need to assist
the States to ensure that they developed the capability to exercise
their regulatory authority in a competent and effective manner.
Accordingly, the legislation authorized the NRC to provide training,
with or without charge, and other services to State officials and
employees as the Commission deems appropriate. However, in rendering
this assistance, Congress did not intend that the NRC would provide
any grants to a State for the administration of a State regulatory
program. This was fully consistent with the objectives of Section
274 to qualify States to assume independent regulatory authority
over certain defined areas under their Agreement and to permit the
NRC to discontinue its regulatory responsibilities in those areas.
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\2\ For the purposes of this policy statement, ``Commission''
means the five member Commission or a quorum thereof sitting as a
body, as provided by Section 201 of the Energy Reorganization Act of
1974 (42 U.S.C. 5841).
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In order to discontinue its authority, the NRC must find that
the State program is adequate to protect public health and safety
and compatible with the NRC program for the regulation of agreement
material. In addition, the NRC has an obligation, pursuant to
Subsection 274j. of the AEA, to periodically review existing
Agreement State programs to ensure continued adequacy and
compatibility. Subsection 274j. of the AEA provides that the NRC may
terminate or suspend all or part of its agreement with a State if
the NRC finds that such termination is necessary to protect public
health and safety or that the State has not complied with the
provisions of Subsection 274j. In these cases, the NRC must offer
the State reasonable notice and opportunity for a hearing. In cases
where the State has requested termination of the agreement, notice
and opportunity for a hearing are not necessary. In addition, the
NRC may temporarily suspend all or part of an agreement in the case
of an emergency situation.
D. Program Implementation
1. Implementation of the Agreement State Program is described
below and includes (a) Principles of Good Regulation; (b)
performance evaluation on a consistent and systematic basis; (c) the
responsibility to ensure adequate protection of public health and
safety, including physical protection of agreement material; (d)
compatibility in areas of national interest; and (e) sufficient
flexibility in program implementation and administration to
accommodate individual State needs.
i. Principles of Good Regulation
In 1991, the Commission adopted the ``Principles of Good
Regulation'' to serve as a guide to both agency decision making and
the individual behavior of NRC employees. There are five Principles
of Good Regulation: Independence, openness, efficiency, clarity, and
reliability. Adherence to these principles has helped to ensure that
the NRC's regulatory activities have been of the highest quality and
are appropriate and consistent. The ``Principles of Good
Regulation'' recognize that strong, vigilant management and a desire
to improve performance are prerequisites for success, for both
regulators and the regulated industry. The NRC's implementation of
these principles has served the public, the Agreement States, and
the regulated community well. Such principles are useful as a part
of a common culture of the NMP that the NRC and the Agreement States
share as co-regulators. Accordingly, the NRC encourages each
Agreement State to adopt a similar set of principles for use in its
own regulatory program. These principles should be incorporated into
the day-to-day operational fabric of the NMP.
ii. Performance Evaluation
To ensure that Agreement State programs continue to provide
adequate protection of public health and safety and are compatible
with the NRC's regulatory program, periodic program evaluation is
needed. The NRC, in cooperation with the Agreement States,
established and implemented the Integrated Materials Performance
Evaluation Program (IMPEP). The IMPEP is a performance evaluation
process that provides the NRC and Agreement State management with
systematic and integrated evaluations of the strengths and
weaknesses of their respective radiation control programs and
identification of areas needing improvement.
iii. Adequate to Protect Public Health and Safety
The NRC and the Agreement States have the responsibility to
ensure adequate protection of public health and safety in the
administration of their respective regulatory programs, including
physical protection of agreement material. Accordingly, the NRC and
Agreement State programs shall possess the requisite supporting
legislative authority, implementing organization structure and
procedures, and financial and human resources to effectively
administer a radiation control program that ensures adequate
protection of public health and safety.
iv. Compatible in Areas of National Interest
The NRC and the Agreement States have the responsibility to
ensure that the radiation control programs are compatible. Such
radiation control programs should be based on a common regulatory
philosophy including the common use of definitions and standards.
The programs should be effective
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and cooperatively implemented by the NRC and the Agreement States
and also should provide uniformity and achieve common strategic
outcomes in program areas of national significance.
Such areas include aspects of licensing, inspection and
enforcement, response to incidents and allegations, and safety
reviews for the manufacture and distribution of sealed sources and
devices. Furthermore, communication using a nationally accepted set
of terms with common understanding, ensuring an adequate level of
protection of public health and safety that is consistent and stable
across the nation, and evaluation of the effectiveness of the NRC
and Agreement State programs for the regulation of agreement
material with respect to protection of public health and safety are
essential to maintaining the NMP.
v. Flexibility
With the exception of those compatibility areas where programs
should be essentially identical, Agreement State radiation control
programs have flexibility in program implementation and
administration to accommodate individual State preferences, State
legislative direction, and local needs and conditions. A State has
the flexibility to design its own program, including incorporating
more stringent, or similar, requirements provided that the
requirements for adequate protection of public health and safety are
met and compatibility is maintained. However, the exercise of such
flexibility should not preclude a practice authorized by the AEA,
and in the national interest.
2. New Agreements
Section 274 of the AEA requires that once a decision to request
Agreement State status is made by the State, the Governor of that
State must certify to the NRC that the State desires to assume
regulatory responsibility and has a program for the control of
radiation hazards adequate to protect public health and safety with
respect to the materials within the State that would be covered by
the proposed agreement. This certification will be provided in a
letter to the NRC that includes supporting documentation. This
documentation includes the State's enabling legislation; the
radiation control regulations; the radiation control program
staffing plan; a narrative description of the State program's
policies, practices, and procedures; and a proposed agreement.
The NRC's policy statement, ``Criteria for Guidance of States
and NRC in Discontinuance of NRC Regulatory Authority and Assumption
Thereof by States Through Agreement'' (46 FR 7540, January 23, 1981;
as amended by policy statements published at 46 FR 36969, July 16,
1981; and 48 FR 33376, July 21, 1983), describes the required
content of these documents. The NRC reviews the request and
publishes notice of the proposed agreement in the Federal Register
to provide an opportunity for public comment. After consideration of
public comments, if the NRC determines that the proposed State
program is adequate for protection of public health and safety and
compatible with the NRC's regulatory program, the Governor and
Chairman of the NRC sign the agreement.
3. Program Assistance
The NRC will offer training and other assistance to States, such
as assistance in developing regulations and program descriptions to
help individual States prepare their request for entering into an
Agreement and to help them prior to the assumption of regulatory
authority. Following approval of the agreement and assumption of
regulatory authority by a new Agreement State, to the extent
permitted by resources, the NRC may provide training and offer other
assistance (such as review of proposed regulatory changes to help
Agreement States administer their regulatory responsibilities).
Nevertheless, it is the responsibility of each Agreement State to
ensure that it has a sufficient number of qualified staff to
implement its program. If the NRC is unable to provide the training,
the Agreement State will need to do so.
The NRC may also use its best efforts to provide specialized
technical assistance to Agreement States to address unique or
complex licensing, inspection, incident response, and limited
enforcement issues. In areas where Agreement States have particular
expertise or are in the best position to provide immediate
assistance to the NRC or other Agreement States, they are encouraged
to do so. In addition, the NRC and Agreement States will keep each
other informed about relevant aspects of their programs.
If an Agreement State experiences difficulty in implementing its
program, the NRC will, to the extent possible, assist the State in
maintaining the effectiveness of its radiation control program.
Under certain conditions, an Agreement State can also voluntarily
return all or part of its Agreement State program.
4. Performance Evaluation
Under Section 274 of the AEA, the NRC retains oversight
authority for ensuring that Agreement State programs provide
adequate protection of public health and safety and are compatible
with the NRC's regulatory program. In fulfilling this statutory
responsibility, the NRC will determine whether the Agreement State
programs are adequate and compatible prior to entrance into a
Subsection 274b. agreement and will periodically review the program
to ensure it continues to be adequate and compatible after an
agreement becomes effective.
To fulfill this responsibility, the NRC, in cooperation with the
Agreement States, established and implemented the IMPEP. As
described in Management Directive 5.6 ``Integrated Materials
Performance Evaluation Program (IMPEP),'' IMPEP is a performance
evaluation process that provides the NRC and Agreement States with
systematic, integrated, and reliable evaluations of the strengths
and weaknesses of their respective radiation control programs and
identification of areas needing improvement. The same criteria are
used to evaluate and ensure that regulatory programs are adequate to
protect public health and safety and that Agreement State programs
are compatible with the NRC's program. The IMPEP process employs a
Management Review Board (MRB), comprised of senior NRC staff members
to make a determination of program adequacy and compatibility. An
MRB also includes an Agreement State liaison, provided by the
Organization of Agreement States (OAS), as a non-voting member.
As a part of the performance evaluation process, the NRC will
take necessary actions to help ensure that Agreement State radiation
control programs remain adequate and compatible. These actions may
include more frequent IMPEP reviews of Agreement State programs and
providing assistance to help address weaknesses or areas needing
improvement within an Agreement State program. Monitoring,
heightened oversight, probation, suspension, or termination of an
agreement may be applied for certain program deficiencies or
emergencies (e.g. loss of funding, natural or man-made events,
pandemic). The NRC's actions in addressing program deficiencies or
emergencies will be implemented through a well-defined process that
is consistently and fairly applied.
5. Program Funding and Training
Section 274 of the AEA permits the NRC to offer training and
other assistance to a State in anticipation of entering into an
Agreement with the NRC. Section 274 of the AEA does not allow
Federal funding for the administration of Agreement State radiation
control programs. Given the importance to public health and safety
of having well trained radiation control program personnel, the NRC
may offer certain relevant training courses and notify Agreement
State personnel of their availability. These training programs also
help to ensure compatible approaches to licensing and inspection and
thereby strengthen the NMP.
6. Regulatory Development
The NRC and Agreement States will cooperate in the development
of both new and revised regulations and policies. Agreement States
will have early and substantive involvement in the development of
regulations affecting protection of public health and safety and of
policies and guidance documents affecting administration of the
Agreement State program. The NRC and Agreement States will keep each
other informed about their individual regulatory requirements (e.g.,
regulations, orders, or license conditions) and the effectiveness of
those regulatory requirements so that each has the opportunity to
make use of proven regulatory approaches to further the effective
and efficient use of resources. In order to avoid conflicts,
duplications, gaps, or other conditions that would jeopardize an
orderly pattern in the regulation of agreement material on a
nationwide basis, Agreement States should inform the NRC of, and
provide the opportunity to review and comment on, proposed changes
in regulations and significant changes to Agreement State programs,
policies, and regulatory guidance.
Two national organizations composed of State radiation control
program personnel facilitate participation and involvement with the
development of regulations, guidance, and policy. The OAS provides a
forum for Agreement States to work with each other and with the NRC
on regulatory issues, including centralized communication on
radiation protection matters between the Agreement States and the
NRC. The
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Conference of Radiation Control Program Directors, Inc. (CRCPD)
assists its members in their efforts to protect the public,
radiation workers, and patients from unnecessary radiation exposure.
One product of the CRCPD is the Suggested State Regulations for use
by its members. The NRC reviews Suggested State Regulations for
compatibility.
E. Adequacy and Compatibility
In accordance with Section 274 of the AEA, any State that
chooses to establish an Agreement State program must provide for an
acceptable level of protection of public health and safety. This is
the ``adequacy'' component. The Agreement State must also ensure
that its program supports an overall nationwide program in radiation
protection. This is the ``compatibility'' component.
By adopting the criteria for adequacy and compatibility as
discussed in this policy statement, the NRC provides a broad range
of flexibility in the administration of individual Agreement State
programs. Recognizing the fact that Agreement States have
responsibilities for radiation sources other than agreement
material, the NRC allows Agreement States to fashion their programs
to reflect specific State needs and preferences.
The NRC will minimize the number of NRC regulatory requirements
that the Agreement States will be requested to adopt in an identical
manner to maintain compatibility. At the same time, requirements in
these compatibility categories allow the NRC to ensure that an
orderly pattern for the regulation of agreement material exists
nationwide. The NRC believes that this approach achieves a proper
balance between the need for Agreement State flexibility and the
need for an NMP that is coherent and compatible in the regulation of
agreement material across the country.
Program elements \3\ for adequacy focus on the protection of
public health and safety within a particular Agreement State, while
program elements for compatibility focus on the impacts of an
Agreement State's regulation of agreement material on a nationwide
basis or its potential effects on other jurisdictions. Some program
elements for compatibility may also impact public health and safety;
therefore, they may also be considered program elements for
adequacy.
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\3\ For the purposes of this policy statement, ``program
element'' means any component or function of a radiation control
regulatory program, including regulations and other legally binding
requirements imposed on regulated persons, which contributes to
implementation of that program.
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In identifying those program elements for adequate and
compatible programs, or any changes thereto, the NRC staff will
coordinate with the Agreement States.
1. Adequacy
An ``adequate'' program includes those program elements of a
radiation control regulatory program necessary to maintain an
acceptable level of protection of public health and safety within an
Agreement State. An Agreement State's radiation control program is
adequate to protect public health and safety if administration of
the program provides reasonable assurance of protection of public
health and safety in regulating the use of agreement material. The
level of protection afforded by the program elements of the NRC's
materials regulatory program is presumed to be adequate to provide
for reasonable assurance of protection of public health and safety.
Therefore, the overall level of protection of public health and
safety provided by a State program should be equivalent to, or in
some cases can be greater than, the level provided by the NRC
program. To provide reasonable assurance of protection of public
health and safety, an Agreement State program should contain the
five essential program elements, identified in items i. through v.
of this section, that the NRC and Agreement States will use to
define the scope of the program. The NRC and Agreement States will
also consider, when appropriate, other program elements of an
Agreement State that appear to affect the program's ability to
provide reasonable assurance of the protection of public health and
safety.
On the basis of this policy statement, NRC program elements
(including regulations) can be placed into five compatibility
categories (A, B, C, D, and NRC). In addition, NRC program elements
can also be identified as having particular health and safety
significance (H&S). These six categories (A, B, C, D, NRC, and H&S)
form the basis for evaluating and classifying NRC program elements.
i. Legislation and Legal Authority
Agreement State statutes shall: (a) Authorize the State to
establish a program for the regulation of agreement material and
provide authority for the assumption of regulatory responsibility
under an Agreement with the NRC; (b) authorize the State to
promulgate regulatory requirements necessary to provide reasonable
assurance of protection of public health and safety; (c) authorize
the State to license, inspect, and enforce legally binding
requirements such as regulations and licenses; and (d) be otherwise
compatible with applicable Federal statutes. In addition, the State
should have existing legally enforceable measures such as generally
applicable rules, orders, license conditions, or other appropriate
measures, necessary to allow the State to ensure adequate protection
of public health and safety in the regulation of agreement material
in the State. Specifically, Agreement States should adopt legally
binding requirements based on those identified by the NRC because of
their particular health and safety significance. In adopting such
requirements, Agreement States shall implement the essential
objectives articulated in the NRC requirements.
ii. Licensing
The Agreement State shall conduct appropriate evaluations of
proposed uses of agreement material, before issuing a license to
authorize such use, to ensure that the proposed licensee's need and
proposed uses of agreement material are in accordance with the AEA
and that operations can be conducted safely. Licenses shall provide
for reasonable assurance of public health and safety protection in
the conduct of licensed activities.
iii. Inspection and Enforcement
The Agreement State shall periodically conduct inspections of
licensed activities involving agreement material to provide
reasonable assurance of safe licensee operations and to determine
compliance with its regulatory requirements. When determined to be
necessary by the State, the State should take timely enforcement
action through legal sanctions authorized by State statutes and
regulations.
iv. Personnel
The Agreement State shall be staffed with a sufficient number of
qualified personnel to implement its regulatory program for the
control of agreement material.
v. Incidents and Allegations
The Agreement State shall respond to and conduct timely
inspections or investigations of incidents, reported events, and
allegations involving agreement material within the State's
jurisdiction to provide reasonable assurance of protection of public
health and safety.
2. Compatibility
A ``compatible'' program consists of those program elements
necessary to sustain an orderly pattern of regulation of agreement
material. An Agreement State has the flexibility to adopt and
implement program elements within the State's jurisdiction (i.e.,
those items that are not areas of exclusive NRC regulatory
authority) that are not addressed by the NRC, or program elements
not required for compatibility (i.e., those NRC program elements not
assigned to Category A, B, or C). However, such program elements of
an Agreement State relating to agreement material shall (1) be
compatible with those of the NRC (i.e., should not create conflicts,
duplications, gaps, or other conditions that would jeopardize an
orderly pattern in the regulation of agreement material on a
nationwide basis); (2) not preclude a practice authorized by the AEA
and in the national interest; and (3) not preclude the ability of
the NRC to evaluate the effectiveness of Agreement State programs
for agreement material with respect to protection of public health
and safety. For purposes of compatibility, the State shall adopt
program elements assigned Compatibility Categories A, B, and C.
i. Category A--Basic Radiation Protection Standards
This category includes basic radiation protection standards that
encompass dose limits, concentration, and release limits related to
radiation protection in Part 20 of Title 10 of the Code of Federal
Regulations (10 CFR), that are generally applicable, and the dose
limits for land disposal of radioactive waste in 10 CFR 61.41.\4\
Also
[[Page 48539]]
included in this category are a limited number of definitions,
signs, labels, and scientific terms that are necessary for a common
understanding of radiation protection principles among licensees,
regulatory agencies, and members of the public. Such State standards
should be essentially identical to those of the NRC, unless Federal
statutes provide the State authority to adopt different standards.
Basic radiation protection standards do not include constraints or
other limits below the level associated with ``adequate protection''
that take into account considerations such as economic cost and
other factors.
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\4\ The NRC will implement this category consistent with its
earlier decision in the low-level waste area to allow Agreement
States the flexibility to establish pre-closure operational release
limit objectives, as low as is reasonably achievable goals, or
design objectives at such levels as the State may deem necessary or
appropriate, as long as the level of protection of public health and
safety is essentially identical to that afforded by NRC
requirements.
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ii. Category B--Cross Jurisdictional Program Elements
This category pertains to a limited number of program elements
that cross jurisdictional boundaries and that should be addressed to
ensure uniformity of regulation on a nationwide basis. Some examples
include sealed source and device registration certificates,
transportation regulations, radiography certification, access
authorization, and security plan requirements. Agreement State
program elements shall be essentially identical to those of the NRC.
Because program elements used in the Agreement State Program are
necessary to maintain an acceptable level of protection of public
health and safety, economic factors \5\ shall not be considered.
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\5\ For the purposes of this policy statement, economic factors
are those costs incurred by the regulated community to comply with
regulations that impact more than one regulatory jurisdiction in the
NMP.
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iii. Category C--Other NRC Program Elements
This category includes NRC program elements that are important
for an Agreement State to implement in order to avoid conflicts,
duplications, gaps, or other conditions that would jeopardize an
orderly pattern in the regulation of agreement material on a
nationwide basis. Such Agreement State program elements shall embody
the essential objective of the corresponding NRC program elements.
Agreement State program elements may be more restrictive than NRC
program elements; however, they should not be so restrictive as to
prohibit a practice authorized by the AEA and in the national
interest without an adequate public health and safety or
environmental basis related to radiation protection.
iv. Category D--Program Elements Not Required for Compatibility
This category pertains to program elements that do not meet any
of the criteria listed in Compatibility Category A, B, or C above
and are not required to be adopted for purposes of compatibility.
v. Category NRC--Areas of Exclusive NRC Regulatory Authority
This category consists of program elements over which the NRC
cannot discontinue its regulatory authority pursuant to the AEA or
provisions of 10 CFR. However, an Agreement State may inform its
licensees of these NRC requirements through an appropriate mechanism
under the State's administrative procedure laws, as long as the
State adopts these provisions solely for the purposes of
notification, and does not exercise any regulatory authority as a
result.
F. Conclusion
The NRC and Agreement States will continue to jointly assess the
NRC and Agreement State programs for the regulation of agreement
material to identify specific changes that should be considered
based on experience or to further improve overall safety,
performance, compatibility, and effectiveness.
The NRC encourages Agreement States to adopt and implement
program elements that are patterned after those adopted and
implemented by the NRC to foster and enhance an NMP that establishes
a coherent and compatible nationwide program for the regulation of
agreement material.
[FR Doc. 2017-22514 Filed 10-17-17; 8:45 am]
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