Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants (NUREG-0654/FEMA-REP-1, Rev. 2)

Published date23 December 2019
Citation84 FR 70435
Record Number2019-27384
SectionRules and Regulations
CourtFederal Emergency Management Agency
Federal Register, Volume 84 Issue 246 (Monday, December 23, 2019)
[Federal Register Volume 84, Number 246 (Monday, December 23, 2019)]
                [Rules and Regulations]
                [Pages 70435-70436]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-27384]
                [[Page 70435]]
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                DEPARTMENT OF HOMELAND SECURITY
                Federal Emergency Management Agency
                44 CFR Part 350
                [Docket ID FEMA-2012-0026]
                RIN 1660-ZA21
                Criteria for Preparation and Evaluation of Radiological Emergency
                Response Plans and Preparedness in Support of Nuclear Power Plants
                (NUREG-0654/FEMA-REP-1, Rev. 2)
                AGENCY: Federal Emergency Management Agency, DHS.
                ACTION: Notification of availability.
                -----------------------------------------------------------------------
                SUMMARY: The Federal Emergency Management Agency (FEMA), concurrently
                with the Nuclear Regulatory Commission (NRC), is issuing final guidance
                entitled ``Criteria for Preparation and Evaluation of Radiological
                Emergency Response Plans and Preparedness in Support of Nuclear Power
                Plants'' (NUREG-0654/FEMA-REP-1, Rev. 2). This final guidance document
                focuses on preparedness for radiological incidents at commercial
                nuclear power plants that could impact public health and safety.
                DATES: This final guidance document was issued in December 2019.
                ADDRESSES: This final guidance document is available online at http://www.regulations.gov and on FEMA's website at http://www.fema.gov. The
                proposed and final guidance documents, all related Federal Register
                Notices, and all public comments received during the comment period are
                available at http://www.regulations.gov under Docket ID FEMA-2012-0026.
                You may also view a hard copy of the final guidance document at the
                Office of Chief Counsel, Federal Emergency Management Agency, 500 C
                Street SW, Washington, DC 20472.
                FOR FURTHER INFORMATION CONTACT: William Eberst, Policy Supervisor,
                Policy and Regulations Branch, Technological Hazards Division, National
                Preparedness Directorate, Resilience, [email protected],
                (202) 341-4917.
                SUPPLEMENTARY INFORMATION: As part of the domestic licensing of
                commercial nuclear power plants (NPPs), the Federal Emergency
                Management Agency (FEMA) and the Nuclear Regulatory Commission (NRC)
                evaluate emergency preparedness activities at and around these
                facilities. Emergency preparedness activities for a radiological
                incident at an NPP are essential for communities that could be affected
                by an incident at the facility. FEMA's role in the licensing process is
                to review and evaluate the adequacy of the planning and preparedness
                activities and capabilities of State, local, and Tribal governments and
                provide its findings and determinations to the NRC. FEMA performs this
                activity before the NRC issues a license to operate a NPP and then
                provides ongoing findings and determinations that planning and
                preparedness efforts are effective and consistent with regulatory
                guidelines. The NRC evaluates applicants for NPP site permits,
                construction permits, and operating licenses. As a part of that
                evaluation, the NRC reviews the licensees' emergency plans and
                preparedness efforts. NPP licensees and State, local, and Tribal
                governments within the emergency planning zones surrounding commercial
                NPPs must show that plans are in place that provide reasonable
                assurance that adequate protective measures will be taken to protect
                public health and safety in the event of an incident at an NPP.
                 In November 1980, FEMA issued ``Criteria for Preparation and
                Evaluation of Radiological Emergency Response Plans and Preparedness in
                Support of Nuclear Power Plants (NUREG-0654/FEMA-REP-1, Rev. 1)''
                jointly with the Nuclear Regulatory Commission (NRC). (45 FR 85862,
                Dec. 30, 1980). NUREG-0654/FEMA-REP-1, Rev. 1 provides guidance on the
                16 Planning Standards referenced in FEMA's regulations at 44 CFR 350.5
                and the NRC's regulations at 10 CFR 50.47. Both agencies use these
                Planning Standards, and associated Evaluation Criteria contained in
                NUREG-0654/FEMA-REP-1, Rev. 1, to evaluate the adequacy of emergency
                plans and preparedness of NPP owners and operators, and the State,
                local, and Tribal government jurisdictions in which NPPs are sited.
                 Since the publication of NUREG-0654/FEMA-REP-1, Rev. 1 in 1980,
                four supplementary documents and one addendum (66 FR 22270, May 3,
                2001) have been issued that update and modify specific planning and
                procedural elements. Since publication of these documents, there have
                been changes to FEMA and NRC regulations, guidance, policies and
                advances in technology. NUREG-0654/FEMA-REP-1, Rev. 2 consolidates the
                four supplementary documents and one addendum, clarifies the
                relationship of radiological emergency planning and preparedness to the
                larger National Preparedness System and its components, and provides
                updates and additional guidance reflective of over 30 years of
                improvements and lessons learned in the radiological emergency
                preparedness community.
                 To begin this revision process, FEMA held two public meetings on
                August 22, 2012 and September 13, 2012 to discuss the scope of the
                proposed revision to NUREG-0654/FEMA-REP-1, Rev. 1 (77 FR 46766, Aug.
                6, 2012). Based on feedback from the two public meetings, FEMA
                solicited comments from stakeholders and interested members of the
                public on the scope of future revisions to NUREG-0654/FEMA-REP-1, Rev.
                1 (77 FR 65700, Oct. 30, 2012). A series of stakeholder engagement
                sessions were held on October 29-31, 2013 and June 25, 2014. Summaries
                of the stakeholder engagement sessions are posted to the Federal
                eRulemaking Portal at http://www.regulations.gov under Document ID:
                FEMA-2012-0026-0055 and FEMA-2012-0026-0053, respectively.
                 The NUREG-0654/FEMA-REP-1, Rev. 2 draft was posted to the Federal
                eRulemaking Portal for public comment (80 FR 30697, May 29, 2015). The
                original comment period was scheduled to conclude on August 27, 2015,
                however, several commenters requested an extension beyond the original
                90-day comment period. Commenters cited the voluminous material put
                forth by the agencies for comment and that the proposed guidance
                document covered many policy matters that required a time consuming
                review by licensees and their offsite counterparts. FEMA and the NRC
                determined that it was in the interest of all parties to extend the
                comment period to October 13, 2015 (80 FR 50862, Aug. 21, 2015). Most
                of the changes made to the proposed guidance document are clarifying,
                non-substantive changes that reflect current practice.
                 FEMA and the NRC are issuing the final guidance document:
                ``Criteria for Preparation and Evaluation of Radiological Emergency
                Response Plans and Preparedness in Support of Nuclear Power Plants''
                (NUREG-0654/FEMA-REP-1, Rev. 2). The final guidance document included
                adjudication of 631 comments from 32 commenters. FEMA and the NRC
                prepared a comment/response matrix entitled ``Adjudication Report for
                NUREG-0654/FEMA-REP-1, Rev. 2 Public Comments Sorted by Document Order
                December 2019'' that may be viewed at www.regulations.gov under Docket
                ID FEMA-2012-0026. The substantive changes in the final guidance
                document align with the national preparedness doctrine, as directed by
                the President in directives and supported by the National Preparedness
                System (NPS).
                [[Page 70436]]
                Additionally, this final guidance document incorporates the
                Radiological Emergency Preparedness Program guidance into the NPS, thus
                ensuring that it is risk- and threat-informed and appropriate for the
                whole community.
                 The contents of this final guidance document do not have the force
                and effect of law and are not meant to bind the public in any way. This
                final guidance document is intended only to provide clarity to the
                public regarding existing requirements under the law or agency
                policies.
                 Implementation: The timeframe for transition to the final guidance
                document, ``Criteria for Preparation and Evaluation of Radiological
                Emergency Response Plans and Preparedness in Support of Nuclear Power
                Plants'' (NUREG-0654/FEMA-REP-1, Rev. 2), will vary amongst State,
                local, and Tribal governments and will be tied to their individual
                exercise cycle. FEMA intends to work with each jurisdiction to
                determine the best timeframe for transition, taking both the level of
                effort and where each is within their exercise cycle into account.
                 Authority: NRC Authorization Acts of 1980 (Pub. L. 96-295) and
                1982-1983 (Pub. L. 97-415); Robert T. Stafford Disaster Relief and
                Emergency Assistance Act, as amended, Titles II and VI, Sections 201
                and 611, 42 U.S.C. 5131 and 5196; Homeland Security Act of 2002, as
                amended, Title VI, Chapter 1, Subchapter V, Sections 503 and 504, 6
                U.S.C. 313 and 314; Security and Accountability for Every Port Act
                of 2006, Title V, Section 612, 6 U.S.C. 314a; Department of Veterans
                Affairs and Housing and Urban Development, and Independent Agencies
                Appropriations for 1999, 42 U.S.C. 5196e; Post-Katrina Emergency
                Management Reform Act of 2006, Title VI, Sections 602, 642, 643, and
                644, 6 U.S.C. 701, 742, 743, and 744; Reorganization Plan No. 3 of
                1978; E.O. 12241, as amended; E.O. 12127, as amended. E.O. 12148, as
                amended; E.O. 12657, as amended; FEMA's regulations in title 44,
                chapter I, parts 350-354 of the CFR.
                 Dated: November 27, 2019.
                Pete Gaynor,
                Acting Administrator, Federal Emergency Management Agency.
                [FR Doc. 2019-27384 Filed 12-20-19; 8:45 am]
                 BILLING CODE 9111-46-P
                

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