1 Status of Ongoing Rulemakings and Safety Culture Update Deborah Jackson, Deputy Director Division of Intergovernmental Liaison and Rulemaking OAS Annual Meeting 25 August 2011

2 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 , 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 3

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 Medical Event Reporting –Clarification of the definition of medical events for permanent brachytherapy 4

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 5

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 streams 6

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 7

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. 8

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 9

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 10

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 11

Completed Rulemakings Part 20: Decommissioning Planning (license termination). Part 72: License and Certificate of Compliance Terms 12

13 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

14 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

15 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)

16 culture.html Safety Culture Website