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