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INSPECTION

16. Purpose, Frequency. The possession and use of radioactive materials should be subject to inspection by the regulatory authority and should be subject to the performance of tests, as required by the regulatory authority. Inspection and testing is conducted to determine, and to assist in obtaining, compliance with regulatory requirements.

Frequency of inspection should be based upon the degree of potential hazard associated with the particular category of use. The more hazardous uses should be inspected at least once each year. More frequent inspections may be required if there

is questionable compliance.

17. Inspections Compulsory, But With Minimum Interference. Licensees or permittees should be under obligation by law to provide access to inspection, but should be subject to minimum interruptions to, or interference with, their activities when such inspections occur.

18.

Licensees and

Notification of Results of Inspection. permittees are entitled to be advised of the results of inspections and to notice as to whether or not they are in compliance.

ENFORCEMENT

19. Enforcement. Possession and use of radioactive materials should be amenable to enforcement through legal sanctions, and the regulatory authority should be equipped or assisted by law with the necessary enforcement powers. This may include, as appropriate, administrative remedies looking towards issuance of orders, or suspension or revocation of the right to possess and use materials, and the impounding of materials; the obtaining of injunctive relief; and the imposing of civil or criminal penalties.

PERSONNEL

20.

Qualifications of Regulatory and Inspection Personnel. Prior evaluation of applicants for licenses or authorizations and inspection of licensees or permittees must be conducted by persons

possessing the training and experience relevant to the type and level of radioactivity in the proposed use to be evaluated and inspected. This requires competency to evaluate various potential radiological hazards associated with the many uses of radioactive material and includes concentrations of radioactive materials in air and water, conditions of shielding, the making of radiation measurements, knowledge of radiation instruments their selection, use and calibration laboratory design, contamination control, other general principles and practices of radiation protection, and use of management controls in assuring adherence to safety procedures.

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To perform these functions involved in evaluation and inspection, it is desirable that there be personnel educated and trained in the physical and/or life sciences, including biology, chemistry, physics and engineering, and that the personnel have had training and experience in health physics. For example, the person who will be responsible for the actual performance of evaluation and inspection of all of the various uses of byproduct, source and special nuclear material which might come to the regulatory body should have substantial training and extensive experience in the field of health physics. It is desirable that such a person have a bachelor's degree or equivalent in the physical or life sciences, and specific training in health physics.

It is recognized that there will also be persons in the program performing a more limited function in evaluation and inspection. These persons will perform the day-to-day work of the regulatory program and deal with both routine situations as well as some which will be out of the ordinary. These people should have a bachelor's degree or equivalent in the physical or life sciences, training in health physics, and approximately two years of actual work experience in the field of health physics.

The foregoing are considered desirable qualifications for the staff who will be responsible for the actual performance of evaluation and inspection. In addition, there will probably be trainees associated with the regulatory program who will have an academic background in the physical or life sciences as well as varying amounts of specific training in health physics but little or no actual work experience in this field. The background and specific training of these persons will indicate to some extent

heir potential role in the regulatory program. These trainees, f course, could be used initially to evaluate and inspect those pplications of radioactive materials which are considered routine r more standardized from the radiation safety standpoint, for xample, inspection of industrial gauges, small research prorams, and diagnostic medical programs. As they gain experience nd competence in the field, the trainee could be used progressively o deal with the more complex or difficult types of radioactive aterial applications. It is desirable that such trainees have bachelor's degree or equivalent in the physical or life sciences nd specific training in health physics.

It is recognized that radioactive materials and their ses are so varied that the evaluation and inspection functions ill require skills and experience in the different disciplines hich will not always reside in one person. The regulatory authrity should have the composite of such skills either in its mploy or at its command, not only for routine functions, but lso for emergency cases.

21.

SPECIAL NUCLEAR MATERIAL

Conditions Applicable to Special Nuclear Material. he regulatory authority should recognize the ownership by the nited States of all special nuclear material and the financial, ecurity, and other conditions under which special nuclear maerial is made available. Authorization to possess and use special uclear material should contain recognition of the duty of the older to report to the AEC, on AEC prescribed forms (1) transers of special nuclear material, and (2) periodic inventory ata; and should contain recognition of the supervening regulaory authority of the AEC if the holder comes into possession of uantities of special nuclear material in excess of the state's urisdictional limits.

22. Special Nuclear Material Defined. Special nuclear aterial, in quantities not sufficient to form a critical mass, hall be defined to mean uranium enriched in the isotope U 235 n quantities not exceeding 350 grams of contained U 235; uranium 33 in quantities not exceeding 200 grams; plutonium in quantities ot exceeding 200 grams; or any combination of them in accordance ith the following formula: For each kind of special nuclear

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material, determine the ratio between the quantity of that special nuclear material and the quantity specified above for the same kind of special nuclear material. The sum of such ratios for

all of the kinds of special nuclear material in combination should not exceed "1" (i.e., unity). For example, the following quantities in combination would not exceed the limitation and is within the formula, as follows:

175 (grams contained U 235) + 50 (grams U 233) + 50 (grams Pu)= 1 200

350

200

ADMINISTRATION

23. State practices for assuring the fair and impartial administration of regulatory law, including provision for public participation where appropriate, should be incorporated in procedures for:

a.

Formulation of rules of general applicability;

b. Approving or denying applications for licenses or authorizations to possess and use radioactive materials; and

c. Taking disciplinary actions against licensees or permittees.

ARRANGEMENTS FOR DISCONTINUING AEC JURISDICTION

24. State Agency Designation. The state should indicate which agency or agencies will have authority for carrying on the program and a summary of the legal authority. There should be assurances against duplicate regulation and licensing by state and local authorities, and it may be desirable that there be a single or central regulatory authority.

In

25. Existing AEC Licenses and Pending Applications. effecting the discontinuance of jurisdiction, appropriate arrangements will be made by AEC and the state to ensure that there will be no interference with or interruption of licensed activities or the processing of license applications, by reason of the transfer. For example, one approach might be that the state, in

issuming jurisdiction, could recognize and continue in effect, for an appropriate period of time under state law, existing AEC licenses, including licenses for which timely applications for renewal have been filed, except where good cause warrants the earlier re-examination or termination of the license.

26.

Relations With Federal Government and Other States. The regulatory authority will be expected to recognize appropriate exemptions from its regulations for operations by the federal government and operations regulated by federal agencies, but should maintain and promote co-operative efforts and arrangements with the Federal Government and its agencies and among the states.

There should be an interchange of federal and state information and assistance in connection with the issuance of regulations and licenses or authorizations, inspection of licensees, reporting of incidents and violations, and training and education problems.

27. Execution, State Certification, AEC Finding, Publication. The agreement shall be executed by the Governor of the state on behalf of the state and by the Chairman of the Atomic Energy Commission on behalf of the Commission. The agreement shall contain or annex the certification of the Governor that the state has a program for the control of radiation hazards adequate to protect the public health and safety, with respect to the materials within the state covered by the proposed agreement, and that the state desires to assume regulatory responsibility for such materials. The agreement shall contain or annex the finding of the Atomic Energy Commission that the state program is compatible with the Commission's program for the regulation of such materials, and that the state program is adequate to protect the public health and safety with respect to the materials covered by the proposed agreement.

Within 30 days after the agreement is signed by the Commission and the Governor, the agreement and exemptions shall be published in the Federal Register.

28. Exemptions From Federal Requirements, Advance Publication. Before any agreement is signed by the AEC, the Commission shall determine the exemptions which appear necessary from the

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