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Rulemaking as Seen Through the Eyes of Part 37. Stephen James Ohio Department of Health OAS Representative, Part 37 Working Group. Disclaimer. Rulemaking as Seen Through the Eyes of Part 37. The opinions expressed in this presentation are NOT - PowerPoint PPT Presentation
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Rulemaking as Seen Through the Eyes of Part 37
Stephen JamesOhio Department of Health
OAS Representative, Part 37 Working Group
The opinions expressed in this presentation are
NOT endorsed, subscribed
to, or otherwise condoned by the Organization of
Agreement States or any of the other members of the various Part 37
working groups.*
Disclaimer
* (But they might agree with me!)
Rulemaking as Seen
Through the Eyes of Part 37
“Those that respect the law and love sausage should watch neither being made.”
- Mark Twain(as “borrowed” from Otto Von Bismarck)
There are some significant differences between the
requirements in the IC and Fingerprint Orders
and those in the proposed Part 37 rules
Healthand
Safety
Defenseand
Security
Defense & Security …
…or Health & Safety?
Security Plan Establish, implement, and maintain a
security program if the licensee possesses an aggregated quantity of Category 1 or 2 radioactive material
Develop security program if the licensee is authorized to possess at least a Category 2 quantity
Reviewing Official Reviewing officials are subject
to an access authorization program.
Reviewing officials are required to have unescorted access to material, and access to Safeguards Information (SGI) if the licensee possesses such information.
In addition to previous requirements in IC and Fingerprint orders, background investigation would include:
Verification of true identity Military history verification Credit history evaluation Criminal history review Character and reputation determination
Trustworthiness & Reliability
Credit history evaluation
Trustworthiness & Reliability
Criminal history review
Trustworthiness & Reliability
Provide advance notification to the appropriate LLEA at least three business days before using or storing Category 1 or 2 materials at a temporary job site for a period of more than seven (7) consecutive calendar days
LLEA COMMUNICATIONS
appropriate
temporary
LLEA COMMUNICATIONSLocal Law Enforcement
Agency
LLEA COMMUNICATIONSLocal Law Enforcement
Agency
How do you define a temporary job site?
LLEA COMMUNICATIONS
As Proposed by the Agency…
As Revised by the Working Group…
As Issued for Public Comment…
As Published in Final Form…
As Implemented by Licensees…
What Was Really Needed !!!
The requirements of the IC and Fingerprint Orders were “automatically” incorporated into the draft Issued as Orders without a public comment period Became “de facto” rules Now generally accepted as the way things will be
New and additional requirements became the subject of the vast majority of the comments received
Much of the new requirements were adopted and adapted from power plant and fuel-cycle facility rules
As Proposed by the Agency…
Membership of Working Groups heavily weighted with NRC representatives
Agreement States have approximately 2/3 of all radioactive materials licenses
Agreement States need to make up a larger portion of Working Group membership
To do that, we need PARTCIPATION
As Revised by the Working Group…
Agreement States were offered the opportunity to comment on the pre-publication version of draft Part 37
Some small changes were made as a result prior to publication in the Federal Register
Less than 15 of the Agreement States took the time to comment individually
Pre-publication comments by Agreement States and OAS were NOT included in the docketed comments after publication
As Issued for Public Comment…
The NRC must still rule on any proposed changes to the draft rules as published
Your opinions, as individual states and collectively as an organization, will continue to matter
We are the ones who must adopt the final version of the Part 37 rules, so we must be sure they are workable
As Published in Final Form…
As originally proposed, Part 37 would apply to 20-25% more licensees than the Increased Controls and Fingerprint Orders
The proposed change from radioactive materials “actually possessed” to “authorized to possess” will capture those licensees who are not currently aggregating or collocating sources, as well as some new licensees
As Implemented by Licensees…
A comprehensive evaluation of the existing IC and Fingerprint Order requirements to ensure those were adequate, complete, enforceable, and working
Identification of gaps or weaknesses that needed to be corrected or improved
Inclusion of Agreement State input into the draft “enhanced” security rules before they were presented as the proposed rules
What Was Really Needed !!!
YouYour knowledge and expertise - and especially
that of your experienced field staff - to ensure that rules make sense and will work
WeRecognize that no one person, state, or group
has all the answers, that we all need be involved and to work together to make sure we are heard
ThemIt is not us against them… it is a partnership…
us with them.
What IS Really Needed ???
Uncle Lee Wants You!
- Working Groups- Committees- Opinion Papers- IMPEP Review- Idea Sharing
“If anything is certain, it is that change is certain.
The world we are planning for today will not exist in
this form tomorrow.”Philip Crosby, Reflections on Quality
Questions?
Rulemaking as SeenThrough the Eyes of Part 37