44 CFR Part 350 Only (with relevant paragraphs highlighted in yellow)

US GOVEHNMEN; ;
INFORMATION

GPO

44 CFR Ch. I (10-1-11 Edition)

§334.7
are pursued, fo cusing on resource allocation and adjudication with cognizance of the essential civilian demand.
(g) Programs and plans developed by
the departments and agencies under
this guidance should be shared, as appropriate, with States, local governments and the private sector to provide
a baseline for their development of supporting programs and plans.
§ 334. 7

Reporting.

The Administrator of FEMA shall
provide the President with periodic assessments of the Federal departments
and agencies capabilities to respond to
national security emergencies and
periodic reports to the National Security Council on the implementation of
the national security emergency preparedness policy. Pursuant to section
201(15) of Executive Order 12656, departments and agencies, as appropriate,
shall consult and coordinate with the
Administrator of FEMA to ensure that
their activities and plans are consistent with current National Security
Council guidelines and policies. An
evaluation of the Federal departments
and agencies participation in the graduated mobilization response program
may be included in these reports .

PARTS 335-349 [RESERVED]
PART 350-REVIEW AND
APPROVAL OF STATE AND LOCAL
RADIOLOGICAL
EMERGENCY
PLANS AND PREPAREDNESS
Sec.
350.1 Purpose.
350.2 Definition s .
350.3 Bac k ground .
350.4 Exclusions.
350.5 Criteria for review and approval of
State and local radiological emer gency
plans and preparedness.
350.6 Assistance in development of State
and local plans.
350.7 Application by State for review a n d
a pprova l.
350.8 Initial FEMA action on State plan.
350 .9 Exercises.
350.10 Pub li c meeting in advance of FEMA
approval.
350.11 Action by FEMA Regional Administrator.
350.12 FEMA H eadquarter s review a nd approval.

350.13 Withdrawal of appr oval.
350.14 Amendments to State plans.
350.15 Appeal procedures.
AUTHORITY: 42 U.S.C. 5131 , 5201, 50 U.S.C .
a pp. 2253(g ); Sec. 109 Pub. L . 96-295; Reorganization Plan No. 3 of 1978; E.O . 12127; E.O.
12148.
SOURCE: 48 FR 44335, Sept. 28, 1983, unless
oth erwise noted.

§ 350.1

Purpose.

The purpose of the regulation in this
part is to establish policy and procedures for review and approval by the
Federal Emergency Management Agency (FEMA) of State and local emergency plans and preparedness for the
offsite effects of a radiological emergency which may occur at a commercial nuclear power facility. Review and
approval of these plans and preparedness involves preparation of findings
and determinations of the adequacy of
the plans and capabilities of State and
local governments to effectively implement the plans.
§ 350.2

Definitions.

As used in this part, the following
terms are defined:
(a) Administrator means the Administrator, FEMA, or designee;
(b )

R egional

Administrator

means a

Regional Administrator of FEMA, or
designee ;
(c) D eputy Administrator means the ,
National Preparedness Directorate,
FEMA , or designee;
(d) FEMA means the Federal Emergency Management Agency ;
(e) NRC means the Nuclear Regulatory Commission;
(f) EPZ means Emergency Planning
Zone.
(g) Emergency Planning Zone (EPZ) is
a generic area around a commercial
nuclear facility used to assist in offsite
emergency planning and the development of a significant response base.
For commercial nuclear power plants,
EPZs of about 10 and 50 miles are delineated for the plume and ingestion exposure pathways respec tively.
(h ) Plume Exposure Pathway refers to
whole body external exposure to
gamma radiation from the plume and
from deposited materials and inhalation exposure from the passing radioactive plume. The duration of primary

574

Federal Emergency Management Agency, OHS
exposures could range in length from
hours to days.
(i ) Ingestion Exposure Pathway refers
to exposure primarily from ingestion of
water or foods such as milk and fresh
vegetables that have been contaminated with radiation. The duration of
primary exposure could range from
hours to months.
(j ) Full participation refers to an exercise in which: (1) State and local government emergency personnel are engaged in sufficient numbers to verify
the capability to respond to the actions
required by the a ccident scenario; (2)
the integrated capability to adequately
assess and respond to an accident at a
commercial nuclear power plant is
tested; and (3) the implementation of
the observable portions of State and/or
local plans is tested.
(k ) Partial participati on refers to the
engagement of State and local government emergency personnel in an exercise sufficient to adequately test direction and control functions for protective action decisionmaking related to
emergency action levels and communication capabilities among affected
State and local governments and the licensee.
(1) Remedia l exer cise is one that tests
deficiencies of previous joint exercise
that are considered significant enough
to impact on the public health and
safety.
(m ) Local government refers to boroughs , cities, counties, municipalities,
parishes, towns, townships and other
local jurisdictions within the plume exposure pathway EP Z when any of these
entities has specific roles in emergency
planning and preparedness in the EPZ.
(n) Site refers to the location at
which there is one or more commercial
nuclear power plants. A nuclear power
plant is synonymous with a nuclear
power facility.
§ 350.3

Background.
(a) On December 7, 1979, the President directed the Administrator of
FEMA to take the lead in State and
local emergency planning and preparedness activities with respect to nuclear power facilities. This included a
review of the existing emergency plans
both in States with operating reactors

§350.3

and those with plants scheduled for operation in the near future.
(b) This assignment was given to
FEMA because of its responsibilities
under Executive Order 12148 to establish Federal policies for and coordinate
civil emergency planning, management
and assistance functions and to represent the President in working with
State and local governments and the
private sector to stimulate vigorous
participation in civil emergency preparedness programs. Under section 201
of the Disaster Relief Act of 1974 (42
U.S.C. 5131), and other statutory functions, the Administrator of FEMA is
charged with the responsibility to develop and implement plans and programs of disaster preparedness.
(c) There are two sections in the
NRC's fis cal year 1982.11983 Appropriation Authorization (Pub. L. 97-415) that
pertain to the scope of this rule .
(1) Section 5 provides for the issuance
of an operating license for a commercial nuclear power plant by the NRC if
it is determined that there exists a
State , local or utility plan which provides assurance that public health and
safety is not endangered by the operation of the facility . This section
would allow the NRO to issue an operating license for such plants without
FEMA-approved State and local government plans.
(2) Section 11 provides for the
issuance of temporary licenses for operating a utilization facility at a specific power level to be determined by
the Commission, pending final action
by the Commission on the application .
Also , this section authorizes the NRC
to issue temporary operating licenses
for these facilities without the completion of the required (NRC) Commission
hearing process . A petition for such a
temporary license may not be filed
until certain actions are completed including the submission of a State, local
or utility emergency response plan for
the facility.
(d) To carry out these responsibilities, FEMA is engaged in a cooperative effort with State and local governments and other Federal agencies in
the development of State and local
plans and preparedness to cope with

575

44 CFR Ch. I (10-1-11 Edition)

§350.4
the offsite effects resul ting from radiological emergencies at commercial nuclear power facilities. FEMA developed
and published the Federal Radiological
Emergency Response Plan 50 FR 46542
Nov. 8, 1985, to provide the overall support to State and local governments,
for all types of radiological incidents
incl uding those occurring at nuclear
power plants.
(e) FEMA has entered into a Memorandum of Understanding (MOU) with
the NRC to which it will furnish assessments, findin gs and determinations as
to whether State and local emergency
plans and preparedness are adequate
and continue to be capable of implementation (e.g., adequacy and maintenance of procedures, training, resources, staffing levels and qualification and equipment adequacy). These
findings and determinations will be
used by NRC under its own rules in
connection with its licensing and regulatory requirements and FEMA will
support its findings in the NRC licensing process and related court proceedings.
(f) Notwithstanding the procedures
set forth in these rules for requesting
and reaching a FEMA administrative
approval of State and local plans, findings and determinations on the current

status of emergency preparedness
around particular sites may be requested by the NRC and provided by
FEMA for use as needed in the NRC licensing process. These findings and determinations may be based upon plans
currently available to FEMA or furnished to FEMA by the NRC through
the NRC/FEMA Steering Committee.
(g) An environmental assessment has
been prepared on which FEMA has determined that this rule will not have a
significant impact on the quality of the
human environment .
[48 FR 44335, Sept. 28, 1983, as amended at 51
FR 34606, Sept. 30, 1986]
§ 350.4

Exclus ions .

The regulation in this part does not
apply to, nor will FEMA apply any criteria with respect to, any evaluation ,
assessment or determination regarding
the NRC licensee 's emergency plans or
preparedness, nor shall FEMA make
any similar determination with respect
to the integration of offsite and NRC

licensee emergency preparedness except as these assessments and determinations affect the emergency preparedness of State and local governments . The regulation in this part applies only to State and local planning
and preparedness with respect to emergencies at commercial nuclear power
facilities and does not apply to other
facilities which may be licensed by
NRC, nor to United States Government-owned , non-licensed facilities nor
the jurisdictions surrounding them.
§ 350.5

Criteria for rev iew and approval of State and local radiological emergency plans and preparednes s.

(a) Section 50.47 of NRC's Emergency
Planning Rule (10 CFR parts 50 (appendix E) and 70 as amended) and t h e joint
FEMA- NRC Criteri a for Preparation and
Evaluation of Radiological Emergency Response Plans and Preparedn ess i n Support of Nuclear P ower P lants (NUREG-

0654/FEMA-REP- 1, Rev . 1, Nove m ber
1980) which appl y insofar as FEMA is
concerned to State and local governments, a re t o be used in r eviewing,
evaluating a n d a pproving State a nd
local r adiological emergen cy plans and
prepa redness and in mak in g a ny fin dings a nd de t e rminati ons w ith r esp ect

to the adequacy of t he plans and the
ca pabilities of S t ate and local governments to implemen t them . Both the
planning and preparedness standards
and related criteria contained in
NUREG-0654/ FEMA-REP- 1, Rev. 1 are
to be used by FEMA and the NRC in reviewing and evaluating State and local
government radiological emergency
plans and preparedness . For brevity,
only the planning standards contained
in NUREG-0654/ FEMA- REP- 1, Rev. 1
are presented below.
(1) Primary responsibilities for emergency response by the nuclear facility
licensee, and by State and local organizations within the Emergency Planning Zones have been assigned, the
emergency responsibilities of the various supporting organizations have
been specifically established and each
principal response organization has
staff to respond to and augment its initial r esponse on a continuous basis.
(2) On-shift facility licensee r esponsibilities for emergency response are

576

Federal Emergency Management Agency, OHS
unambiguously defined, adequate staffing to provide initial facility a ccident
response in key functional areas is
maintained at all times, timely augmentation of response capabilities is
available and the interfaces among
various onsite response activities and
offsite support and response activities
are specified. (This standard applies
only to NRC licensees but is included
here for completeness. )
(3) Arrangements for requesting and
effectively using assistance resources
have been made, arrangements to accommodate State and local staff at the
licensee 's near-site Emergency Operations Facility have been made and
other organizations capable of augmenting the planned response have
been identified.
(4) A standard emergency classification and action level scheme, the bases
of which include facility system and effluent parameters, is in use by the nuclear facility licensee , and State and
local response plans call for reliance on
information provided by facility licensees for determinations of minimum initial offsite response measures.
(5) Procedures have been established
for notification, by the licensee , of
State and local response organizations
and for the notification of emergency
personnel by all response organizations; the content of initial and followup messages to response organizations and the public has been established; and means to provide early notification and clear instruction to the
populace within the plume exposure
pathway Emergency Planning Zone
have been established.
(6) Provisions exist for prompt communications among principal response
organizations to emergency personnel
and to the public.
(7) Information is made available to
the public on a periodic basis on how
they will be notified and what their
initial actions should be in an emergency (e.g. , listening to a local broadcast station and remaining indoors),
the principal points of contact with the
news media for dissemination of information during an emergency (including
the physical location or locations) are
established in advance and procedures
for coordinated dissemination of information to the public are established.

§350 .5

(8) Adequate emergency facilities and
equipment to support the emergency
response are provided and maintained.
(9) Adequate methods , systems and
equipment for assessing and monitoring actual or potential offsite consequences of a radiological emergency
condition are in use .
(10) A range of protective actions has
been developed for the plume exposure
pathway EPZ for emergency workers
and the public. Guidelines for the
choice of protective actions during an
emergency, consistent with Federal
guidance, are developed and in place
and protective actions for the ingestion
exposure pathway EPZ appropriate to
the locale have been developed.
(11) Means for controlling radiological exposures, in an emergency, are
established for emergency workers.
The means for controlling radiological
exposures shall include exposure guidelines consistent with EPA Emergency
Worker and Lifesaving Activity Protective Action Guides.
(12) Arrangements are made for medical services for contaminated injured
individuals.
(13) General plans for recovery and
reentry are developed.
(14) Periodic exercises are (will be)
conducted to evaluate major portions
of emergency response capabilities,
periodic drills are (will be) conducted
to develop and maintain key skills and
deficiencies identified as a result of exercises or drills are (will be) corrected.
(15) Radiological emergency response
training is provided to those who may
be called upon to assist in an emergency.
(16) Responsibilities for plan development and review and for distribution of
emergency plans are established, and
planners are properly trained.
(b) In order for State of local plans
and preparedness to be approved, such
plans and preparedness must be determined to adequately protect the public
health and safety by providing reasonable assurance that appropriate protective measures can be taken offsite in
the event of a radiological emergency.

577

44 CFR Ch. I ( 10-1-11 Edition)

§350.6
§ 350.6

Assis tance in development of
State and loc al plans.

(a) An integrated approach to the development of offsite radiological emergency plans by States, localities and
the licensees of NRC with the assistance of the Federal Government is the
approach most likely to provide the
best protection to the public. Hence,
Federal agencies, including FEMA Regional staff, will be made available
upon request to assist States and localities in the development of plans.
(b) There now exists in each of the
ten standard Federal Regions a Regional Assistance Committee (RAC)
(formerly the Regional Advisory Committee) chaired by a FEMA Regional
official and having members from the
Nuclear Regulatory Commission, Department of Health and Human Services, Department of Energy , Department of Transportation, Environmental Protection Agency, the United
States Department of Agriculture and
Department of Commerce. Whereas in
44 CFR part 351, the Department of Defense is listed as a potential member of
the RACs, it is not listed in this rule
because military nuclear facilities are
not the subject of concern. The RACs
will assist State and local government
officials in the development of their radiological emergency response plans,
and will review plans and observe exercises to evaluate the adequacy of these
plans and related preparedness. This
assistance does not include the actual
writing of State and local government
plans by RAC members.
(c) In accomplishing the foregoing.
the RACs will use the standards and
criteria in NUREG-0654/FEMA-REP-l,
Rev. 1, and will render such technical
assistance as may be required, appropriate to their agency mission and expertise. In observing and evaluating exercises, the RACs will identify , soon
after an exercise , any deficiencies observed in the planning and preparedness effort including deficiencies in resources, training of staff, equipment,
staffing levels and deficiencies in the
qualifications of personnel.
Application by State for review
and approv al.

§ 350. 7

(a) A State which seek s formal review and approval by FEMA of the

State's radiological emergency plan
shall submit an application for such r eview and approval to the FEMA Regional Administrator of the Region in
which the State is located. The application , in the form of a letter from the
Governor or from such other State official as the Governor may designate ,
shall contain one copy of the completed State plan, including coverage
of response in the ingestion exposure
pathway EPZ. The application will also
include plans of all appropriate local
governments. The application shall
specify the site or sites for which plan
a pproval is sought. F or guidance on the
local government plans that should be
included with an application, refer to
Part I.E . NUREG-0654/FEMA-REP- l,
Rev. 1, entitled Contiguous Jurisdiction Governmental Emergency Planning (see (e)). Only a State may request
formal review of State or local radiological emergency plans.
(b) Generally, the plume exposure
pathway EPZ for nuclear power facilities shall consist of an area about 10
miles (16 Km) in radius and the ingestion exposure pathway EPZ shall consist of an area about 50 miles (80 Km)
in radius. The exact size and configuration of the EPZs surrounding a particular nuclear power facility shall be

determined by State and local governments in consultation with FEMA and
NRC taking into account such local
conditions as demography, topography,
land characteristics, access routes and
local jurisdiction boundaries. The size
of the EPZs may be determined by NRC
in consultation with FEMA on a caseby-case basis for gas cooled reactors
and for reactors with an authorized
power level less than 250 Mw thermal.
The plans for the ingestion exposure
pathway shall focus on such actions as
are appropriate to protect the public
from ingesting contaminated food and
water.
(c) A State may submit separately its
plans for the EPZs and the local government plans related to individual nuclear power facilities. The purpose of
separate submissions is to allow approval of a State plan, and of the plans
necessary for specific nuclear power facilities in a multiple-facility State,
while not approving or acting on the
plans necessary for other nuclear

578

§350.9

Federal Emergency Monogement Agency, OHS
power facilities within the State. If
separate submissions are made , appropriate adjustments in the State plan
may be necessary. In any event, FEMA
approval of State plans and appropriate
local government plans shall be site
specific.
(d) The applications shall contain a
statement that the State plan , together with the appropriate local
plans, is , in the opinion of the State,
adequate to protect the public health
and safety of its citizens living within
the emergency planning zones for the
nuclear power facilities included in the
submission by providing reasonable assurance that State and local governments can and intend to effect appropriate protective measures offsite in
the event of a radiological emergency.
(e) FEMA and the States will make
sui table arrangements in the case of
overlapping or adjacent jurisdictions
to permit an orderly assessment and
approval of interstate or interregional
plans.
§ 350.8

Initial FEMA action on State
plan.

(a) The Regional Administrator shall
acknowledge in writing within ten days
the receipt of the State application.
(b) FEMA shall publish a notice
signed by the Regional Administrator
or designee in the FEDERAL REGISTER
within 30 days after receipt of the application , that an application from a
State has been received and that copies
are available at the Regional Office for
review and copying in accordance with
44 CFR 5.26.
(c) The Regional Administrator shall
furn ish copies of the plan to members
of the RAC for their analysis and evaluation.
(d) The Regional Administrator shall
make a detailed review of the State
plan, including those of local governments, and assess the capability of
State and local governments to effectively implement the plan (e.g., adequacy and maintenance of procedures,
training, resources, staffing levels and
qualification and equipment adequacy).
Eval uation and comments of the RAC
members will be used as part of the review process .
(e) In connection with the review. the
Regional Administrator may make

suggestions to States concerning perceived gaps or deficiencies in the plans,
and the State may amend the plan at
any time prior to forwarding to the
Deputy Administrator for the National
Preparedness Directorate.
(f) Two conditions for FEMA approval of State plans (including local
government plans) are the requirements for an exercise (see § 350.9), and
for public participation (see §§ 350.9 and
350.10.). These activities occur during
the Regional review and prior to the
forwarding of the plan to the Deputy
Administrator for the National Preparedness Directorate.
§ 350.9

Exercises.

(a) Before a Regional Administrator
can forward a State plan to the Deputy
Administrator for the National Preparedness Directorate for approval, the
State, together with all appropriate
local governments, must conduct a
joint exercise of that State plan, involving full participation 1 of appropriate local government entities, the
State and the appropriate licensee of
the NRC. To the extent achievable, this
exercise shall include participation by
appropriate Federal agencies. This exercise shall be observed and evaluated
by FEMA and by representatives of
other Federal agencies with membership on the RACs and by NRC with respect to licensee response. Within 48
hours of the completion of the exercise,
a briefing involving the exercise part icipants and Federal observers shall
be conducted by the Regional Administrator to discuss the preliminary results of the exercise. If the exercise discloses any deficiencies in the State and
local plans, or the ability of the State
and local governments to implement
the plans, the FEMA representatives
shall make them known prom ptly in
writing to appropriate State officials.
To the extent necessary, the State
shall amend the plan to incorporate
recommended changes or improvements or take other corrective measures, such as remedial exercises, 1 to
1 See §350.2 for definitions of " full participation " and '· remedial exercises".

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44 CFR Ch. I ( 10-1-11 Edition)

§350.9
demonstrate to the Regional Administrator that identified weaknesses have
been corrected.
(b) The Regional Administrator shall
be the FEMA official responsible for
certifying to the Deputy Administrator
for the National Preparedness Directorate that an exercise of the State
plan has been conducted, and that
changes and corrective measures in accordance with paragraph (a) of this section have been made.
(c) State and local governments that
have fully participated in a joint exercise within one year prior to the effective date of this final rule will have
continuing approval of their radiological emergency plans and preparedness by following the frequency indicated in paragraphs (c) (1) through (4)
of this section. State and local governments that have not fully participated
in a joint exercise within one year
prior to the effective date of this final
rule will follow the frequency indicated
in paragraphs (c) (1) through (4) of this
section after completion of a joint exercise in which they have fully participated. If, in developing exercise schedules with State and local governments
to implement the requirements in
paragraphs (c) (1) through (4) of this
section , the Regional Admini::itrator
finds that unusual hardships would result, he may seek relief from the Deputy Administrator for the National
Preparedness Directorate.
(1 ) Each State which has a commercial nuclear power site within its
boundaries or is within the 10-mile
plume exposure pathway Emergency
Planning Zone of such site shall fully
participate in an exercise jointly with
the nuclear power plant licensee and
appropriate local governments at least
every two years.
(2) Each State with multiple sites
within its boundaries shall fully participate in a joint exercise at some site
on a rotational basis at least every 2
years. When not fully participating in
an exercise at a site, the State shall
partially participate 2 at that site to
support the full participation of appropriate local governments. Priority
shall be given to new facilities seeking
2 See §350.2 for definition of " partia l exercise".

an operating license from the NRC and
which have not fully participated in a
joint exercise involving the State,
local governments and the licensee at
that site. State and local governments
will coordinate the scheduling of these
exercises with the appropriate FEMA
and NRC Regional Offices and the affected licensees.
(3) Each appropriate local government which has a site within its boundaries or is within the 10-mile emergency planning zone shall fully participate in a joint exercise with the licensee and the State at least every two
years. For those local governments
that have planning and preparedness
responsibilities for more than one facility, the Regional Administrator may
seek an exemption from this requirement by recommending alternative arrangements for approval by the Associate Director.
(4) States within the 50-mile emergency planning zone of a site shall exercise their plans and preparedness related to ingestion exposure pathway
measures at least once every five years
in conjunction with a plume exposure
pathway exercise for that site.
(5) Remedial exercises may be required to correct deficiencies observed
in exercises conducted for continued

FEMA approval. Should this occur, the
FEMA Regional Administrator will determine the participation required
from the States and/or local governments.
(d) Within 48 hours of the completion
of an exercise conducted for continued
FEMA approval , a briefing involving
the exercise participants and Federal
observers shall be conducted by the Regional Administrator to discuss the
preliminary results of the exercise. If
the exercise discloses any deficiencies
in the State and local plans, or the
ability of the State and local governments to implement the plans, the
FEMA representatives shall make
them known promptly in writing to appropriate State officials. To the extent
necessary, the State shall amend the
plan to incorporate recommended
changes or improvements or take other
corrective measures, such as remedial
exercises , to demonstrate to the Regional Administrator that identified
weaknesses have been corrected. The

580

Federal Emergency Manogement Agency, OHS
Regional Administrator shall forward
his or her evaluation of the exercise
conducted for continued FEMA approval to the Deputy Administrator for
the National Preparedness Directorate
incl uding
the
certification
that
changes and corrective measures have
been made.
(e) Following the exercise conducted
for continued FEMA approval , the Regional Administrator shall conduct a
meeting in the vicinity of the nuclear
power facility which will incl ude the
exercise participants, representatives
from the NRC and other appropriate
Federal agencies and the public and
media as observers. The purpose of this
meeting is to discuss the evaluation of
the exercise. At the discretion of the
Regional Administrator, written comments from the public and media may
be submitted at or after the meeting.
These commen ts will be taken into
consideration by the Regional Administrator in his or her evaluation.
CD After FEMA approval of a State
and local plan has been granted, failure
to exercise the State and local plans at
the frequency and participation described in this section shall be grounds
for withdrawing FEMA approval. (See
§ 350.13. )
§ 350.10

Public meeting in a dvance of
FEMA approval.

(a) During the FEMA Regional Office
review of a State plan and prior to the
submission by the Regional Administrator of the evaluation of the plan and
exercise to the Deputy Administrator
for the National Preparedness Directorate , the FEMA R egional Admin istrator shall assure that there is at
least one public meeting conducted in
the vicinity of the nuclear power facility. The purpose of such a meeting,
which may be conducted by the State
or by the Regional Administrator,
shall be to:
(1) Acquaint the members of the public in the vicinity of each facility with
t h e content of the State and related
local plans, and with the conduct of the
joint exercise which tested the plans;
(2) Answer any questions about
FEMA review of the plan and the exercise;

§ 350. l l

(3) Receive suggestions from the public
concerning
improvements
or
changes that may be necessary; and
(4) Describe to the public the way in
which the plan is expected to function
in the event of an actual emergency.
(b) The Regional Administrator
should assure that representatives
from appropriate State and local government agencies , and t h e affected
utility appear at such meetings to
make presentations and to answer
questions from the public. The public
meeting should be held after the first
joint (utility, State and local governments) exercise at a time mutually
agreed to by State and local authorit ies, licensee and F EMA and NRC R egional officials. This meeting shall be
noticed in the local newspaper with the
largest circulation in the area, or other
such media as the Regional Administrator may select, on at least two occasions, one of which is at least two
weeks before the meeting takes place
and the other is within a few days of
the meeting date . Local radio and television stations should be notified of the
scheduled meeting at least one week in
advance. Representatives from NRC
and other appropriate Federal agencies
should also be invited to participate in
these meetings . If, in the judgment of
the F EMA Regional Administrator, the
public meeting or meetings reveal deficiencies in the State plan and/or the
joint exercise, the Regional Administrator shall inform the State of the
fact together wi th recommen dations
for improvement. No FEMA approval of
State and local plans and preparedness
shall be made until a meeting described in this paragraph shall have
been held at or near the nuclear power
facility site for which the State is
seeking approval.
§ 350.11

Action by FEMA Regional Administrator.

(a ) Upon completion of his or her review, including conduct of the exercise
required by §350.9 and after the public
meeting required by § 350.10, the Regional Administrator shall prepare an
evaluation of the State plan, including
plans for local governments. Such evaluation shall be specific with respect to

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44 CFR Ch. I ( 10-1-11 Edition)

§350.12

the plans applicable to each nuclear facility so that findings and determinations can be made by the Deputy Administrator for the National Preparedness Directorate on a site-specific
basis.
(b) The Regional Administrator shall
evaluate the adequacy of State and
local plans and preparedness on the
basis of the criteria set forth in §350.5,
and shall report the evaluation with respect to each of the planning standards
mentioned therein as such apply to
State and local plans and preparedness.
(c) The Regional Administrator shall
forward the State plan together with
his or her evaluation and other relevant record material to the Deputy
Administrator for the National Preparedness Directorate . Relevant record
material will include the results of the
exercise (i.e., deficiencies noted and
corrections made), a summary of the
deficiencies identified during the public meeting, recommendations made to
the State and commitments made by
the State for effecting improvements
in its plans and preparedness and actions taken by the State.
§ 350.12

FEMA Headquarters
and approval.

review

that appropriate protective measures
can be taken offsite in the event of a
radiological emergency ; and
(2) Are capable of being implemented
(e.g. adequacy and maintenance of procedures , training, resources, staffing
levels and qualification and equipment
adequacy); the Deputy Administrator
for the National Preparedness Directorate shall approve in writing the
State plan. The Deputy Administrator
for the National Preparedness Directorate shall concurrently communicate
this FEMA approval to the Governor of
the State(s ) in question, the NRC and
the pertinent Regional
Administrator(s) and immediately shall publish
in the FEDERAL REGISTER a notice of
this effect.
(c) If, after formal submission of the
State plan, the Deputy Administrator
for the National Preparedness Directorate is not satisfied with the adequacy of the plan or preparedness with
respect to a particular site , he or she
shall concurrently communicate that
decision to the Governor(s) of the
State(s ), the NRC and the pertinent
Regional Administrator(s), together
with a statement in writing explaining
the reasons for the decision and requesting appropriate plan or prepared-

(a ) Upon receipt from a Regional Ad-

ness revision. Suc h statement s hall be

ministrator of a State plan , the Deputy
Administrator for the National Preparedness Directorate shall conduct
such review of the State plan as he or
she shall deem necessary. The Deputy
Administrator for the National Preparedness Directorate shall arrange for
copies of the plan, together with the
Regional Administrator's evaluation ,
to be made available to the members of
the Federal Radiological Preparedness
Coordinating Committee (FRPCC) and
to other offices of FEMA with appropriate guidance relative to any assistance that may be needed in the FEMA
review and approval process.
(b) If, after formal submission of the
State plan and the Regional Director's
evaluation , the Deputy Administrator
for the National Preparedness Directorate determines that the State plans
and preparedness:
(1) Are adequate to protec t the
health and safety of the public living in
the vicinity of the nuclear power facility by providing reasonable assurance

transmitted to the Governor(s) through
the appropriate Regional Administrator(s). The Deputy Administrator
for the National Preparedness Directorate shall immediately publish a notice to this effect in the FEDERAL REGISTER.
(d) The approval shall be of the State
plan together with the local plans for
each nuclear power facility (including
out-of-State facilities) for which approval has been requested . FEMA may
withhold approval of plans applicable
to a specific nuclear power facility in a
multi-facility State, but nevertheless
approve the State plan and associated
local plans applicable to other facilities in a State. Approval may be withheld for a specific site until plans for
all jurisdictions within the emergency
planning zones of that site have been
reviewed and found adequate .
(e) Within 30 days after the date of
notification of approval for a particular nuclear power facility or within
30 days of any statement of disapproval

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Federal Emergency Management Agency, DHS
of a State plan, any interested person
may appeal the decision of the Deputy
Administrator for the National Preparedness Directorate to the Administrator; however, such an appeal must
be made solely upon the ground that
the Deputy Administrator for the National Preparedness Directorate 's decision, based on the available record, was
unsupported by substantial evidence.
(See § 350.15 for appeal procedures.)
§ 350.13

Withdrawal of approval.

(a) If, at any time after granting approval of a State plan, the Deputy Administrator for the National Preparedness Directorate determines , on his or
her own initiative , motion or on the
basis of information another person
supplied, that the State or local plan is
no longer adequate to protect public
health and safety by providing reasonable assurance that appropriate protective measures can be taken, or is no
longer capable of being implemented,
he or she shall immediately advise the
Governor of the affected State, through
the appropriate Regional Administrator and the NRC of that initial determination in writing. FEMA shall
spell out in detail the reasons for its
initial determination. and shall describe the deficiencies in the plan or
the preparedness of the State. If, after
four months from the date of such an
initial determination , the State in
question has not either:
(1) Corrected the deficiencies noted,
or (2) submitted an acceptable plan for
correcting those deficiencies , the Deputy Administrator for the National
Preparedness Directorate shall withdraw approval a n d shall immediately
inform the NRC and the Governor of
the affected State, of the determination to withdraw approval and shall
publish in the FEDERAL REGISTER and
the local newspaper having the largest
daily circulation in the affected State
notice of its withdrawal or approval.
The basis upon which the Deputy Administrator for the National Preparedness Directorate makes the determination for withdrawal of approval is the
same basis used for reviewing plans and
exercises, i.e., the planning standards
and related criteria in NUREG0654/
FEMAJREP- 1, Rev . 1.

§350.14

(b) In the event that the State in
question shall submit a plan for correcting the deficiencies, the Deputy
Administrator for the National Preparedness Directorate shall negotiate a
schedule and a timetable under which
the State shall correct the deficiencies.
If, on the agreed upon date, the deficiencies have been corrected, the Deputy Administrator for the National
Preparedness Directorate shall withdraw the initial determination and the
approval previously granted shall remain valid. He or she shall inform the
Governor(s), the NRC , the pertinent
Regional Administrator(s) and notify
the public as stated in paragraph (a) of
this section. If, however, on the agreed
upon date, the deficiencies are not corrected, FEMA shall withdraw its approval and shall communicate its decision to the Governor of the State
whose plan is in question, the NRC, the
appropriate Federal agencies and notify t h e public as indicated above.
(c) Within 30 days after the date of
notification of withdrawal of approval
of a State or local plan , any interested
person may appeal the decision of the
Deputy Administrator for the National
Preparedness Directorate to the Administrator; however, such an appeal
must be made solely upon the ground

that the Deputy Administrator for the
National Preparedness Directorate's
decision , based on the available record,
was unsupported by substantial evidence. (See § 350.15 for appeal procedures. )
§ 350.14

Amendments to State plans.

(a ) The State may amend a plan submitted to FEMA for review and approval under §350.7 at any time during
the review process or may amend a
plan at any time after FEMA approval
has been granted under §350.12. A State
must amend its plan in order to extend
the coverage of the plan to any new nuclear power facility which becomes
operational after a FEMA approval or
in case of any other significant change.
The State plan shall remain in effect as
approved while any significant change
is under review.
(b) A significant change is one which
involves the evaluation and assessment
of a planning standard or which involves a matter which, if presented

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44 CFR Ch. I (10-1-11 Edition)

§350.15
with the plan, would need to have been
considered by the Deputy Administrator for the National Preparedness
Directorate in making a decision that
State or local plans and preparedness
are:
(1) Adequate to protect the health
and safety of the public living in the
vicinity of the nuclear power facility
by providing reasonable assurance that
appropriate protective measures can be
taken offsite in the event of a radiological emergency ; and
(2) Capable of being implemented.
(c) A significant change will be processed in the same manner as if it were
an initial plan submission. However,
the Regional Administrator may determine that certain procedures , such as
holding a public meeting or a complete
exercise , would be unnecessary. The existing FEMA approval shall remain in
effect while any significant changes
are under review.
(d) Changes, such as a change in a
telephone number, that are not significant as defined in paragraphs (b) and
(c) of this section , but are necessary to
maintain currency of the plan, should
be forwarded to the Regional Administrator.
§ 350.15

A p peal p rocedures.

(a) Any interested person may appeal
a decision made under §§ 350.12 and
350.13 of this part, by submitting to the
Administrator, FEMA, a written notice
of appeal , within 30 days after the appearance in the F EDERAL REGISTER, of
the notice of decision relating to the
matter being appealed. The appeal
must be addressed to the Administrator, Federal Emergency Management Agency, 500 C Street, SW., Washington , DC , 20472. The appeal letter
shall state specific reasons for the appeal and include an offer to provide
documentation supporting appellate
a rguments.
(b) Upon receipt of an appeal, the Administrator or the Administrator's designee shall review the file. as submitted to the Deputy Administrator
for the National Preparedness Directorate, by the Regional Administrator
of the FEMA Region concerned, based
on the information contained in the
file and the appeal letter, with supporting documentation. The Adminis-

trator or the Administrator's designee
shall decide whether or not the Associate Director's initial decision was
supported by substantial evidence in
the file and is consistent with FEMA
policy.
(c) The decision of the Administrator
or the Administrator's designee shall
be published in the FEDERAL REGISTER
as the final agency decision on the
matter and shall not be reviewable
within FEMA, except upon a showing
that it was procured by fraud or misrepresentation. In addition to publication in the FEDERAL REGISTER, copies
of the decision shall be forwarded to
the appellant, the Governor(s) of the
State(s) affected, the NRC and the affected licensee of the involved power
facility.

PART 351-RADIOLOGICAL EMERGENCY PLANNING AND PREPAREDNESS
Subpart A-General
Sec.
351.1 Purpose.
351.2 Scope.
351.3 Limi ta ti on of scope.

Subpart B-Federal Radiological Preparedness Coordinating Committee and Regional Assistance Committees
351.10 Establishment of committees.
351.11 Functions of committees.

Subpart C-lnteragency Assignments
351.20 The Federal Emergency Management
Agency.
351.21 The Nuclear Regulatory Commission.
351.22 The Environmental Prote ction Agency.
351.23 The Department of Health and
Human Services.
351.24 The Department of Energy.
351.25 The Department of Transportation.
351.26 The United States Department of Agriculture.
351.27 The Depart ment of Defense.
351.28 The Department of Commerce.
AUTHORITY: 5 u.s.c. 552, Reorganization
Plan No. 3 of 1978, E.O. 12127, E.O. 12148, E.O.
12241; Presidential Directive of Dec. 7, 1979.
SOURCE: 47 FR 10759, Mar. 11, 1982, unless
otherwise noted.

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