APPENDIX 8

FRC MEMORANDUM TO THE PRESIDENT REPORTING ON AGENCY REPLIES, SEPTEMBER 2, 1960

FEDERAL RADIATION COUNCIL

COPY

September 2, 1960

MEMORANDUM FOR THE PRESIDENT

SUBJECT:

Radiation Protection Activities of Federal
Agencies under Radiation Protection Guidance
for Federal Agencies Promulgated by the President

Pursuant to a decision of the Federal Radiation Council on July 5, 1960, a letter was sent from the Chairman of the Council to all Federal agencies considered as having radiation protection responsibilities which might fall under the Radiation Protection Guidance for Federal Agencies promulgated by the President, May 13, 1960. The purpose of the letter was to determine the degree to which the radiation protection activities of the Federal agencies were being conducted in conformance with this guidance. The letter also requested information on any deviations from the Guides which were planned under the provisions of Recommendation 7, which states:

"The Guides may be exceeded only after the
Federal agency having jurisdiction over the
matter has carefully considered the reason for
doing so in light of the recommendations in
this paper.'

The following is a list of the agencies to which the letter was sent:

The replies indicate that the Federal agencies are conducting their radiation protection activities in accordance with the Presidential guidance. Furthermore, the agencies indicated that as of the date of their report no deviations from the Guides were in effect or being planned.

In order to meet its statutory responsibility, "to advise the President on radiation matters directly and indirectly affecting health, including guidance to Federal agencies on radiation standards." the Council felt that a regular mechanism for receiving reports from the agencies should be developed. The following mechanism has been established:

A regular annual report by each agency on Augst 1
as to any operating criteria or regulations revised,
adopted, or promulgated during the previous year
under the Radiation Protection Guidance for Federal
Agencies promulgated by the President.

Prompt notification of the Council of the adoption or
promulgation of any new or revised operating criteria
or regulations in areas covered by approved Radiation
Protection Guides. Cases involving levels in excess of
such Guides are to be noted.

Consistent with Recommendation 7, the Council will continue to follow the practices of the Federal agencies as set forth in these reports and will bring to your attention such matters as seem appropriate.

CC: JCAE

ازا

Arthur S. Flemming
Chairman

DEPARTMENT C

HEALTH, EDUCATION AND

SEP-2 1960

SIGNED AND MAILED

Acting Chairman John F. Floberg of the Atomic Energy Commission has transmitted to the governors of the states a set of proposed criteria by which the Atomic Energy Commission may relinquish and the states may assume control of certain radioactive materials.

In letters to the governors, Acting Chairman Floberg said, in part:

"Within the past few days, President Eisenhower wrote to you about the importance he attributes to the reapportionment of responsibilities between the states and the Federal Government and mentioned the authority granted by Public Law 86-373 to take such steps in the atomic energy field.

"Our first step in implementing this proposal is the development of criteria for use in the discontinuance of the Atomic Energy Commission's responsibilities over certain radioactive material and the assumption of these responsibilities by the states through agreements with the AEC."

The radioactive materials over which the AEC may relinquish control under Public Law 86-373 an amendment to the Atomic Energy Act which was passed last September are byproduct material (radioisotopes), source material (uranium and thorium) and special nuclear material (uranium 233, uranium 235 and plutonium) of less than a critical mass.

The regulatory authority which the states may assume under the amendment includes responsibility for rule making, licensing, inspection, compliance and enforcement.

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RADIATION PROTECTION

The amendment provides that agreements between the Atomic Energy Commission and the governor of a state for reapportionment of responsibilities in this matter may be entered into if the govemor certifies that his state has a program for control of the specified radioactive materials and desires to assume regulatory responsibility over them.

The Commission must also find that the state's program is compatible with the Commission's regulatory program covering these materials and is adequate to protect public health and safety.

In developing the proposed criteria, the Commission had as a principal goal the achievement of a high degree of uniformity in the regulation and control of radioactive materials by the states and the Federal Government.

This is an important objective laid down for AEC by Congress in enacting the September, 1959, amendment. The Joint Committee on Atomic Energy has pointed out that radiation standards adopted by the states under agreements with the Commission should be identical to or compatible with Federal standards in order to avoid conflict, overlapping and inconsistencies.

It is intended that the criteria, which are for the guidance of both the states and of the Commission in the development of agreements under the amendment, be studied by the governors The criteria also are to be circulated among state and Federal governmental and non-governmental organizations and agencies for discussion and comment.

The Commission then will reconsider the criteria in the light of major comments and suggestions received from the governors and from the organizations and agencies before giving them final approval. Meanwhile, where the criteria in their present form are deemed acceptable by state authorities, they may be used as the basis for initiating negotiations looking toward an agreement under the amendment.

Points covered by the criteria, a copy of which is attached, include: Objectives; radiation protection standards; prior evaluation of uses of radioactive materials; inspection;

RADIATION PROTECTION

671

enforcement; personnel; special nuclear material; administration, and arrangements for discontinuing AEC jurisdiction.

In addition to the criteria, the AEC has also sent to the governors a summary of AEC policies and procedures governing the regulation and licensing of byproduct, source and special nuclear materials, a copy of Public Law 86-373 and copies of pertinent AEC regulations governing licensing and regulation of these materials.

To further aid the states in developing a program for radiation control, the Atomic Energy Commission is preparing a suggested set of state regulations and legislation which may be used as a guide wherever a state desires such assistance.

Under the amendment, the Commission also will provide training for state personnel. This will include on-the-job training in licensing, inspection, compliance and enforcement of regulations; instruction for periods of 10 to 12 weeks at Commission facilities in health physics and formal training through a health physics program designed for special assistance to the states. This latter program, as is the case with the Commission's existing health physics fellowship program, will cover an academic year of study and practical experience in health physics at Commission facilities. The Commission's training programs are being coordinated with those of the U.S.

While permitting states to assume control over the specified radioactive materials, the amendment specifically excludes from state control the construction and operation of nuclear reactors; the export or import of byproduct, source or special nuclear material or the export or import of nuclear reactors. It also excludes the states from control of ocean disposal of radioactive waste materials and the disposal of such other byproduct, source or special nuclear material as the Commission determines by regulation or order should not be disposed of without a Commission license.