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Status of Ongoing Rulemakings and

Safety Culture Update

Deborah Jackson, Deputy Director

Division of Intergovernmental Liaison and Rulemaking

OAS Annual Meeting25 August 2011

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Status of Rulemaking Activities

• Part 35, Medical Rulemakings• Part 37, Physical Protection of Byproduct

Materials• Part 61, Unique Waste Streams• General License Rulemakings• Security Rulemakings• Ongoing Rulemakings• Completed Rulemakings

Part 35 Rulemakings

• SECY-11-0035, dated March 10, 2011– Integrated Plan (IP) for Part 35 activities– Options and recommendations for

streamlining the medical rulemaking petition and rulemaking processes

• April 2011 ACMUI Meeting• Stakeholder Workshops

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Part 35 - Medical Rulemakings

• Expanded Part 35 Amendments– 28 items being addressed including:

• Training and experience attestation• Grandfathering of certain certified individuals• Resolution of petition for rulemaking PRM-35-20

• Medical Event Reporting– Clarification of the definition of medical events

for permanent brachytherapy

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Part 37 – Physical Protection of Byproduct Material Activities

• Objective: – Provide reasonable assurance of preventing the

theft or diversion of category 1 and category 2 quantities of radioactive material for malevolent use

• Two public meetings on the guidance • Comment period closed 1/18/11• Commission Meeting held 4/19/11

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Part 61, Site-Specific Performance Assessment Rulemaking

• Proposed Rulemaking for Limited-Scope, Site-Specific Analyses – Objectives:

• Specify requirements for site-specific analyses to

demonstrate compliance with the Part 61 performance

objectives

• Will address disposal of large quantities of depleted

uranium, blended waste, and other unique waste

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Part 61, Site-Specific Performance Assessment Rulemaking (Continued)

– May 3 - Published draft proposed rule text and regulatory basis

– May 18 - Public meeting on draft text and period of performance

– June and July – ACRS Subcommittee and Full Committee briefings

– August and September – Additional ACRS Subcommittee and Full Committee briefings

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General License Rulemakings• Final Rule - Source Material Generally

Licensed Devices (40.22)– Objective:

• Improve the control and distribution of source material under exemption and general license.

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General License Rulemakings (Continued)

• Final Rule - General License Restrictions– Objective:

• Reserve some sources for specific licensee use only• Change Compatibility Category of some provisions

from “B” to “C” (providing increased flexibility to Agreements States)

– Final rule terminated by the Commission in December 2010

– Commission approved compatibility changes

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Security Rulemakings

• Part 40 Integrated Safety Analysis (ISA) / Security of Fuel Cycle Facilities

• Security of Independent Spent Fuel Storage Installations (ISFSIs)

• Material Control and Accounting (MC&A) Rule

• Safeguarding Shipments of Spent Fuel

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Other Ongoing Rulemakings

• In-Situ Leach Uranium Recovery (ISR) Groundwater Protection– Working with EPA

• Exemptions and Distribution of Byproduct Material (Parts 30, 31, 32, etc.)

• Advance Notification to Native American Tribes of Transport of Certain Types of Nuclear Waste

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Completed Rulemakings

• Part 20: Decommissioning Planning (license termination).

• Part 72: License and Certificate of Compliance Terms

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• The Commission approved, with revisions, the safety culture policy statement (SCPS) on March 7, 2011–New implementation initiatives require prior

Commission review and approval

• SCPS published in the Federal Register on June 14, 2011 (76 FR 34773)

Safety Culture Policy Statement Current Status

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• The staff is continuing to engage in activities to increase an awareness and understanding of the benefits of a positive safety culture for those entities covered by the SCPS – Brochure– Case Studies– Information sharing/education– Incorporate safety culture in the NUREG-1556

Implementation Steps

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• Commission Brief planned for 2012• Potential tasking memo for implementation

plan• Challenge: How can we measure

progress, changes, or differences in safety culture?

Implementation Steps (continued)

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http://www.nrc.gov/about-nrc/regulatory/enforcement/safety-culture.html

Safety Culture Website