44 Cfr 350.5

Federal Emergency Management Agency, DHS
the offsite effects resulting 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
including 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, findings 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.

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[48 FR 44335, Sept. 28, 1983, as amended at 51
FR 34606, Sept. 30, 1986]

§ 350.4 Exclusions.
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

§ 350.5

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 review and approval of State and local radiological emergency plans and preparedness.
(a) Section 50.47 of NRC’s Emergency
Planning Rule (10 CFR parts 50 (appendix E) and 70 as amended) and the joint
FEMA–NRC 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, November
1980) which apply insofar as FEMA is
concerned to State and local governments, are to be used in reviewing,
evaluating and approving State and
local radiological emergency plans and
preparedness and in making any findings and determinations with respect
to the adequacy of the plans and the
capabilities of State and local governments to implement 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 response on a continuous basis.
(2) On-shift facility licensee responsibilities for emergency response are

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§ 350.5

44 CFR Ch. I (10–1–19 Edition)

unambiguously defined, adequate staffing to provide initial facility accident
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.

(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.

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