44 Cfr 350.12

Federal Emergency Management Agency, DHS

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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 review
and approval.
(a) Upon receipt from a Regional Administrator 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 Administrator’s evaluation, the Deputy Administrator for the National Preparedness
Directorate determines that the State
plans and preparedness:
(1) Are adequate to protect the
health and safety of the public living in
the vicinity of the nuclear power facility by providing reasonable assurance

§ 350.12

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 preparedness revision. Such statement shall be
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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§ 350.13

44 CFR Ch. I (10–1–19 Edition)

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.)

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§ 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 and 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 NUREGO654/
FEMA/REP–1, Rev. 1.

(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 the 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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