Rulemaking as Seen Through the Eyes of Part 37

1. Rulemaking as Seen Through the Eyes of Part 37 Stephen James Ohio Department of Health OAS Representative, Part 37 Working Group

2. Disclaimer Rulemaking as Seen Through the Eyes of Part 37 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.* * (But they might agree with me!)

4. “Those that respect the law and love sausage should watch neither being made.” - Mark Twain (as “borrowed” from Otto Von Bismarck)

5. There are some significant differences between the requirements in the IC and Fingerprint Orders and those in the proposed Part 37 rules

6. Defense & Security … Defense and Security Health and Safety …or Health & Safety?

7. 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

8. 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.

9. Trustworthiness & Reliability 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

10. Trustworthiness & Reliability • Credit history evaluation

11. Trustworthiness & Reliability • Criminal history review

12. LLEA COMMUNICATIONS • 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 appropriate temporary

13. LLEA COMMUNICATIONS Local Law Enforcement Agency

14. LLEA COMMUNICATIONS Local Law Enforcement Agency

15. LLEA COMMUNICATIONS How do you define a temporary job site?

16. As Proposed by the Agency…

17. As Revised by the Working Group…

18. As Issued for Public Comment…

19. As Published in Final Form…

20. As Implemented by Licensees…

21. What Was Really Needed !!!

22. As Proposed by the Agency… • 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

23. As Revised by the Working Group… • 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

24. As Issued for Public Comment… • 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

25. As Published in Final Form… • 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

26. As Implemented by Licensees… • 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

27. What Was Really Needed !!! • 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

28. What IS Really Needed ??? • You Your knowledge and expertise - and especially that of your experienced field staff - to ensure that rules make sense and will work • We Recognize 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 • Them It is not us against them… it is a partnership… us with them.

29. Uncle Lee Wants You! - Working Groups - Committees - Opinion Papers - IMPEP Review - Idea Sharing

30. “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

31. Rulemaking as Seen Through the Eyes of Part 37 Questions?