Strategy for OCRWM to Provide Training Assistance to State, Tribal, and Local Governments (DOE, 1992)

Summary

November 1992 strategy of the U.S. Department of Energy's Office of Civilian Radioactive Waste Management (OCRWM) for providing funding and technical assistance to States and Indian Tribes as required by Section 180(c) of the Nuclear Waste Policy Act of 1982, as amended. Section 180(c), added in 1987, requires DOE to fund training for public safety officials of jurisdictions through which it plans to transport spent nuclear fuel or high-level radioactive waste. The strategy sets out a five-step process ending in funding for "training assistance," which is to begin no less than three years before shipments to a Monitored Retrievable Storage (MRS) facility; current planning assumes shipments in 1998. Unlike the January 1992 draft, it makes any State or Tribal jurisdiction on a planned route eligible, not only corridor jurisdictions.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

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Full text

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Strategy for OCRWM to Provide
Training Assistance to State, Tribal, and
Local Governments

November 1992

U.S. Department of Energy
Office of Civilian Radioactive Waste Management

■ k. # •
DISCLAIMER

This report was prepared as an account of work sponsored by an
agency of the United States Government. Neither the United States
Government nor any agency thereof, nor any of their employees,
makes any warranty, express or implied, or assumes any legal liability
or responsibility for the accuracy, completeness, or usefulness of any
information, apparatus, product, or process disclosed, or represents
that its use would not infringe privately owned rights. Reference
herein to any specific commercial product, process, or service by
trade name, trademark, manufacturer, or otherwise does not
necessarily constitute or imply its endorsement, recommendation, or
favoring by the United States Government or any agency thereof. The
views and opinions of authors expressed herein do not necessarily
state or reflect those of the United States Government or any agency
thereof.

D IS C L A IM E R

Portions of this document may be illegible in electronic image
products. Images are produced from the best available
original document.
DOE/fW—0374P

TI93 003625

k Strategy for OCRWM to Provide
Training Assistance to State, Tribal, and
Local Governments

November 1992

U.S. Department of Energy
Office of Civilian Radioactive Waste Management
Washington, DC 20585

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PREFACE

The U.S. Department of Energy’s (DOE) Office of Civilian Radioactive Waste
Management (OCRWM) has prepared this strategy to outline the process OCRWM will
follow to provide funding and technical assistance to States and Indian Tribes as required
by Section 180(c) of the Nuclear Waste Policy Act of 1982, as amended (NWPA). A
schedule for the various steps to be taken is included.

A draft of this strategy was issued in January 1992 and a notice of the availability was
published in the Federal Register on March 6. Comments were submitted to DOE from
four groups. These comments have been addressed in Appendix A and are reflected in
the strategy, where appropriate. The strategy has also been revised to reflect policy
decisions made since the last draft. Most significantly, the draft strategy distinguished
between host and corridor jurisdictions for eligibility of Section 180(c) training assistance
and stated that only corridor jurisdictions were eligible for assistance. This has been
changed to reflect that any State or Tribal jurisdiction through which DOE plans to
transport spent nuclear fuel or high-level radioactive waste will be eligible to receive
Section 180(c) assistance in addition to any host benefits that may be provided by the
NWPA.

hi
TABLE OF CONTENTS

1. INTRODUCTION ......................................................................................................... 1
1.1 Purpose .............................................................................................................. 1
1.2 Scope N)

4^- NJ
1.3 Legal Requirements ......................................................
1.4 Planning Principles ........................................................
1.5 Schedule........................................................................... ^
2. ISSUE IDENTIFICATION: AN INTERACTIVE PROCESS Os
n

2.1 Activities to Date ..........................................................
2.2 Issue Resolution Mechanisms ..................................... -4 O

3. STEPS TO ASSISTANCE IMPLEMENTATION ................................................... 8
3.1 Development of a Policy Options Paper........................................................ 8
3.2 Development of a Policy Statement............................................................... 10
3.3 Development of an Implementation Plan...................................................... 10

4. IMPLEMENT TRAINING ASSISTANCE................................................................. 11
4.1 Program Start-up ............................................................................................. 12
4.2 Program Ramp-up ........................................................................................... 12
4.3 Monitoring and Retraining ............................................................................. 12

5. CONCLUSION................................................................................................................ 12

SECTION 180(C) DEFINITIONS .................................................................................... 15

LIST OF ACRONYMS ....................................................................................................... 17

GENERAL REFERENCES................................................................................................ 19

APPENDIX A Comments and Responses...................................................................... 23

FIGURES

Figure 1. Schedule for the Proposed Training Assistance Process.............. 5

Figure 2. DOE Transportation External Coordination (TEC)
Working Group Participants............................................................. 9

v
1. INTRODUCTION

1.1 Purpose

The NWPA directs DOE to dispose of the spent nuclear fuel generated by commercial
nuclear power facilities and high-level radioactive waste from defense facilities.
OCRWM was established to carry out this mission. OCRWM is developing a
transportation system to support shipping of spent nuclear fuel to a Monitored
Retrievable Storage (MRS) facility, and spent nuclear fuel and high-level radioactive
waste to a final disposal repository.

A 1987 amendment to the NWPA added Section 180(c)i which states that DOE:

. . . shall provide technical assistance and funds to States for training for public
safety officials of appropriate units of local government and Indian Tribes through
whose jurisdiction the Secretary [of Energy] plans to transport spent nuclear fuel
or high-level radioactive waste .... Training shall cover procedures required for
safe routine transportation of these materials, as well as procedures for dealing
with emergency response situations.

Section 180(c) committed OCRWM to provide technical assistance and funding to train
public safety officials. OCRWM stated it would use a phased approach to deliver the
assistance. In the 1991 Draft Mission Plan Amendment, OCRWM committed to define
workable mechanisms for administering technical assistance. Assistance will initially be
provided to States and/or Tribes for shipments to an MRS, if an MRS site has been
identified. OCRWM will begin providing technical assistance and begin the process to
provide funding for training to jurisdictions along the initial corridors from the utilities to
an MRS no less than three years before shipments begin; and make adjustments and
support retraining as needed. Planning and coordination with these jurisdictions will
begin as soon as possible after the designation of an MRS site.

This strategy represents a five-step process to meet the requirements of Section 180(c).
The steps are: (1) continue and enhance current efforts with the interested groups and
potentially affected entities to identify and discuss funding and technical assistance issues;

1 Hereafter, the term "Section 180(c)" will be used to represent Section 180(c) of the
NWPA.

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(2) develop a policy paper to identify possible Section 180(c) implementation options;
(3) issue a policy statement identifying the option selected and the reasoning behind the
selection; (4) issue a plan detailing the implementation process; and (5) initiate funding
for "training assistance."2 For brevity, the term "training assistance" is used to mean
"technical assistance and funds to States for training for public safety officials of
appropriate units of local government and Indian Tribes through whose jurisdiction the
Secretary [of Energy] plans to transport spent nuclear fuel or high-level radioactive
waste."

1.2 Scope

This document describes the five-step process for OCRWM to implement the
requirements of Section 180(c). The introductory section includes information on the
purpose of the strategy; the relevant legal requirements of the NWPA with respect to
technical assistance and funding to train transportation corridor and host governments for
safe routine transportation and emergency response, and the sections of the Hazardous
Materials Transportation Uniform Safety Act of 1990 (HMTUSA); planning principles
that address or incorporate recommendations made most often by interested parties; and
a proposed schedule.

The subsequent section, Issue Identification: An Interactive Process, describes the
methods and means OCRWM has employed to ensure that all interested and potentially
affected parties can have an appropriate predecisional role in the development of Section
180(c) policy. The three remaining sections delineate the steps to provide training
assistance.

Lists of definitions and acronyms in common usage throughout the document, general
references, and a comment/response section accompany the strategy.

U Legal Requirements

Section 180(c) of the NWPA requires DOE to provide training assistance to States for
training of public safety officials through whose jurisdiction DOE will transport spent
nuclear fuel and/or high-level radioactive waste. Section 180(c) assistance will be
provided directly to Indian Tribes as sovereign Nations. Other provisions in the Act or
negotiated agreements with host or affected units of governments will provide for
additional training assistance.

Section 116(c) provides for financial assistance to the State of Nevada or any affected
unit of local government, and Section 118(b) ensures financial assistance to an affected

2The schedule on page 5 shows a start date of 1/95; this date is derived from the
assumption of a 1998 waste acceptance date.

2
Indian Tribe, to participate in "activities required by Sections 116 and 117 or authorized
by written agreement entered into pursuant to subsection 117(c)." Section 117(c) of the
NWPA states that OCRWM will work with a State [or governing body of an affected
Indian Tribe] where a repository is being constructed and with "the units of general local
government in the vicinity of the repository site, in resolving the offsite concerns . . .
including, but not limited to, questions of State liability arising from accidents, necessary
road upgrading and access to the site, ongoing emergency preparedness and emergency
response, monitoring of transportation of high-level radioactive waste and spent nuclear
fuel . . under written agreement.

For a State or affected Indian Tribe who will host an MRS facility, Section 149 of the
NWPA extends the same "provisions of Section 116(c) or 118(b) with respect to grants,
technical assistance, and other financial assistance ... to the State, to affected Indian
Tribes and to affected units of local government... in the same manner as for a
repository."

Section 403(d)(1) and (2) of the NWPA authorizes assistance for an MRS or repository
host State or Indian Tribe through an agreement submitted by the Nuclear Waste
Negotiator to Congress which ". . . shall contain such provisions as are necessary to
preserve any right to participation or compensation of such State, unit of local
government, or Indian Tribe under Sections 116(c), 117, and 118(b)."

OCRWM will provide technical assistance and funds for training under Section 180(c) to
any State or Tribal jurisdiction through which DOE plans to transport spent nuclear fuel
or high-level waste. Additional benefits provided under Sections 116, 117, 118, and 149
of the NWPA will be available to an MRS or repository host State or Tribe.

The HMTUSA contains emergency response and Federal inspection provisions that have
potential implications for the technical assistance and funding required by Section 180(c).
Section 17 of HMTUSA authorizes Federal funding for: 1) planning grants to States to
develop emergency response plans; 2) training grants to States and Indian Tribes for
training official personnel in hazardous materials emergency response; 3) curriculum
development by a Federal committee to develop a list of courses, recommend courses of
study and minimum hours of instruction, and develop appropriate emergency response
training and planning for non-Federal Government and Tribal employees under other
Federal grant programs; and 4) monitoring and technical assistance through the Federal
Emergency Management Agency, in coordination with four other agencies including
DOE, for non-Federal Government and Tribal emergency response training and
planning. HMTUSA also requires that Federal departments, agencies, and
instrumentalities coordinate to minimize duplication of effort and expense in all
emergency response and preparedness training programs.

3
Section 16 of HMTUSA directs the Secretary of Transportation (DOT) to employ
30 additional hazardous materials inspectors, including 10 of whom are to focus on
promoting safety in the transportation of radioactive materials.

To ensure cooperation between DOT and DOE in implementing the relevant sections of
HMTUSA, DOE is represented on the HMTUSA Interagency Coordination Group
(ICG). DOE’s participation in the ICG will facilitate coordination of Section 180(c) with
other Federal regulatory requirements.

1.4 Planning Principles

In carrying out the requirements to provide technical assistance and funds for training,
OCRWM is committed to an open dialogue with all interested parties. Interested parties
have repeatedly requested that OCRWM include the following in its implementation of
Section 180(c). OCRWM is committed to fulfilling these requests.

• OCRWM will strive to develop a program with enough flexibility to accommodate
the wide variety of State, Tribal, and local assistance needs.

• OCRWM training assistance will be integrated into established Federal, State, and
Tribal training assistance structures, where possible.

• OCRWM will integrate its Section 180(c) planning with current DOT HMTUSA
planning functions and rulemakings, where possible and appropriate.

• OCRWM will seek input from the diverse and broadly representative sources
using a cooperative approach.

• OCRWM recognizes that diverse interested groups can make contributions to the
decision-making process. OCRWM will seek input in particular from
representatives of transportation corridor jurisdictions who will be directly
impacted by NWPA shipments.

1.5 Schedule

A proposed schedule for OCRWM to provide training assistance is shown in Figure 1.
The Section 180(c) strategy will be flexible enough to accommodate changes in the
OCRWM program schedule. Opportunities for ample interaction and predecisional
input from interested parties and the public have been factored into the schedule.
Current planning assumes that OCRWM will accept spent fuel for shipping to an MRS in
1998. Prior to 1994, OCRWM should be able to predict whether an MRS will be
available to receive shipments, and thus initiate planning for training assistance. The
schedule for implementation of this plan will depend on the location of an MRS facility
and the spent fuel acceptance schedule.

4
Timeline

Develop Strategy

Preliminary Stratei

OCRWM and interested Parties Resolve Assistance Issues

Develop Policy Options Paper
Draft

Develop Policy Statement
Draft

NPRM
Develop Implementation

Provide Training Assistance

Monitor & Revise Assistance

provide for Retraining

Figure 1. Schedule for the Proposed Training Assistance Process
2. ISSUE IDENTIFICATION: AN INTERACTIVE PROCESS

Section 180(c) training assistance is of particular interest to the State, Tribal, and local
governments. OCRWM has utilized a cooperative approach to identify, discuss, and
resolve planning issues to provide a viable training assistance program strategy.

2.1 Activities to Date

After the enactment of the NWPA in 1982, OCRWM initiated a dialogue with interested
parties to identify and resolve issues related to the OCRWM transportation program.
Interested parties included Federal, State, and Tribal governments; the nuclear power
utilities; the transportation industry; special interest groups; the media; and the public.
OCRWM was able to use these interactions to identify issues and formalize a resolution
process that was published in the Transportation Institutional Plan (TIP) in 1986. The
TIP identified emergency response, inspection, and enforcement issues, and provided a
foundation for issue discussion and resolution processes that proved instrumental to
developing this strategy document.

The process to evaluate and resolve issues comprises continued identification,
coordination, research, and resolution of issues using a combination of DOE policies and
studies, work with regional and national groups of States, Indian Tribes and technical
organizations, and interactions with interested parties.

With the passage of Section 180(c) in 1987, the commitments OCRWM had initiated
regarding emergency response, inspection, and enforcement became mandates.
OCRWM began planning to provide training assistance and resolve issues discussed in
the TIP. As stated above, issues regarding emergency response, inspection, enforcement,
and the implementation of Section 180(c) were identified through a variety of program
activities with interested parties. These issues as stated in the TIP and discussed at
Transportation Coordination Group (TCG) meetings include OCRWM’s need to:

• Define roles and responsibilities

• Define potential emergency situations

• Define the appropriate emergency actions to be taken by the first responders

• Develop a set of inspection criteria

• Develop a system for inspections

• Determine training needs by assessing existing training programs

Determine the definition of assistance
• Determine eligibility for assistance

• Assess potential funding and assistance mechanisms

• Explore the desirability of a training certification or standards process

• Determine an approach to the timing of training assistance

Additional issues may be identified through the resolution process and through
interactions with interested parties.

2.2 Issue Resolution Mechanisms

OCRWM and the interested parties are working together to develop an efficient plan to
provide training assistance to States, Indian Tribes, and local governments. Some of the
mechanisms that currently provide forums for communication, issue identification and
resolution, and policy development include: OCRWM cooperative agreements with
national, regional, and technical groups; the Transportation Coordination Group (TCG);
the HMTUSA Interagency Coordination Group; and the Federal Radiological
Preparedness Coordinating Committee.

Working groups are a significant communication mechanism. An informal working group
met following a TCG meeting in July 1989, to discuss a rough outline of this strategy
document. The group consisted of representatives from the Midwestern Office of the
Council of State Governments, the Southern States Energy Board, the Western Interstate
Energy Board, and the National Conference of State Legislatures. The outline was then
reviewed at regional and national group meetings.

Consistent with recommendations made by interested parties commenting on the
preliminary draft strategy, OCRWM and the Office of Environmental Restoration and
Waste Management (EM) signed a memorandum of agreement (MOA) creating a joint
DOE Transportation External Coordination (TEC) Working Group consisting of State,
Tribal and local representatives. The MOA was effective January 7, 1992.

As one of several external coordination mechanisms planned by DOE to implement parts
of the Transportation Emergency Preparedness Program (TEPP) Strategy Plan and the
Civilian Radioactive Waste Management Program, the TEC Working Group presents an
ideal forum for predecisional input on implementing Section 180(c). Among the
programmatic advantages of forming a joint working group are the minimization of the
number of different organizations with which States and Indian Tribes must interface in
preparing for DOE shipments, and the opportunity to explore the option of a DOE-wide
assistance program for State and Tribal governments. Through this mechanism, the
TEPP and OCRWM representatives will interact with organizations at the State, Tribal,
and local levels who are working cooperatively with DOE to address such issues as the

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review of training and technical assistance requirements for emergency response and safe
routine transportation under Section 180(c); identification of response, planning, training,
and exercise needs; and development of recommendations for providing technical
assistance within the overall objective of developing a consolidated, multi-year set of
goals and plans of action.

In addition to representing DOE, State, Tribal, and local interests, the group is composed
of industry, utility, and emergency management/emergency response organizations.
Membership will remain flexible to allow for program changes and meetings will be open
to all interested parties. The initial composition of the TEC Working Group is
represented in Figure 2.

This working group will be an active partner in developing the Section 180(c) program.
It will provide a forum for review and comment on component documents, and
ultimately, on the success of the assistance administered. The working group members
may be asked to contribute to sections of the implementation plan where their expertise
would be helpful, particularly in balancing training needs with existing training assistance.

3. STEPS TO ASSISTANCE IMPLEMENTATION

The issue resolution process is expected to continue throughout development of the
planning documents and implementation of actual training assistance as existing issues
close and new ones emerge. The policy options paper will be developed, and a draft will
be presented for discussion at TCG and TEC Working Group workshops. In accordance
with the notice-and-comment rulemaking requirements in the Administrative Procedures
Act and the Department of Energy Organization Act, OCRWM will then publish a notice
of proposed rulemaking (NPRM) embodying the draft policy statement and a discussion
of the proposed implementation plan. OCRWM will issue the final rule after considering
comments on the NPRM. The implementation plan will delineate how OCRWM will
achieve the objectives of Section 180(c), and the final step will be to implement training
assistance.

3.1 Development of a Policy Options Paper

From the process of issue identification, discussion, and resolution, several
implementation options are emerging. OCRWM is currently conducting research to
establish a foundation for the draft policy options paper to be presented to interested
parties for discussion. Workshops will be held with the TEC Working Group and
national and regional groups to report on the status of the option identification process
and to seek input. To ensure a thorough review of the assistance options, OCRWM will
hold a TCG workshop to solicit further comments. Assistance options will be modified
as needed after OCRWM reviews comments from these meetings.

8
FIGURE 2

DOE Transportation External Coordination (TEC)
Working Group Participants3

US. DEPARTMENT OF ENERGY, Chair

American College of Emergency Physicians
American Trucking Associations
Association of American Railroads
Commercial Vehicle Safety Alliance
Conference of Radiation Control Program Directors
Cooperative Hazardous Materials Enforcement Development
Council of Energy Resource Tribes
Edison Electric Institute
Emergency Nurses Association
International Association of Chiefs of Police
International Association of Fire Chiefs
International Association of Fire Fighters
Midwestern Office of the Council of State Governments
National Association of Counties
National Association of Emergency Medical Technicians
National Association of Regulatory Utility Commissioners
National Conference of State Legislatures
National Congress of American Indians
National Coordinating Council on Emergency Management
National Emergency Management Association
National Governors’ Association
National League of Cities
Northeastern Group
Southern States Energy Board
Western Governors’ Association
Western Interstate Energy Board
Urban Energy & Transportation Corporation

^Membership will remain flexible to allow for program changes and all meetings will
be open to the public.

9
3.2 Development of a Policy Statement

Input and recommendations on the options paper from the interested parties will aid
OCRWM’s development of a policy statement outlining the process for implementing
Section 180(c) training assistance. A draft of the policy statement, to be presented in the
NPRM, will explain the options OCRWM considered to arrive at its policy, and the
preferred option including:

• the scope of the Section 180(c) assistance program,

• criteria for defining eligibility for participation,

• funding levels and distribution mechanisms, and

• training assistance mechanisms.

Jurisdictions eligible for technical assistance and funds to prepare for 1998 shipments will
be determined when an MRS site is identified. The OCRWM policy will be designed to
allow States and Indian Tribes the necessary flexibility to determine training requirements
within their jurisdictions.

After the NPRM is issued, OCRWM will sponsor a TCG workshop and solicit comments
from interested parties. OCRWM will review all comments and, where appropriate,
incorporate them into the revised rule. The final rule will be published in the Federal
Register and distributed to all participants involved in the review and comment process.

3.3 Development of an Implementation Plan

A discussion of the training assistance implementation plan, to be developed by
OCRWM in consultation with participating States and Indian Tribes, will be included in
the NPRM. This plan will be developed for participating States and Indian Tribes, and
will clearly delineate the responsibilities, authority, and roles of all parties, including the
Federal, State, Tribal, and local governments. The plan will include:

• A description of the process to date,

• The Section 180(c) policy statement,

• The strategy to implement Section 180(c),

• Section 180(c) program organizational structure,

• Implementation goals,

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• Critical path and schedule for implementation,

• Total estimated program cost,

• Funding levels for each eligible participant,

• Required administrative and training personnel,

• Assistance protocol for eligible participants, and

• A certification policy, if appropriate.

The TEC Working Group will review the final implementation plan before it is issued for
public comment, and their recommendations will be incorporated, where appropriate.
When the comment period closes, the plan will be revised as needed. Implementation
decisions have not been made yet, and State regional groups, Indian Tribes, and affected
localities will continue to provide predecisional input. The decision-making process has
been designed specifically to ensure that the public will have an opportunity for
purposeful input on issues and concerns before decisions are made. Finally, the plan will
be distributed to all parties who are involved in training and assistance activities.

Through interactions with the TCG, interested parties have impressed upon OCRWM
the need for particular attention to rural responders in developing training assistance.
The implementation process will allow States and Indian Tribes flexibility to respond to
their unique jurisdictional requirements. Prior to assistance implementation, a team of
State and Tribal representatives and OCRWM personnel will hold seminars for
participants eligible to receive technical assistance and funds. The seminars will focus on
programmatic and administrative requirements.

In order to assess the effectiveness of the implementation plan, OCRWM will conduct an
appraisal of the program in which the recipients will be asked to evaluate a range of
factors including ease of administration, efficiency, and DOE responsiveness.

4. IMPLEMENT TRAINING ASSISTANCE

To minimize the need to retrain, training assistance will be conducted in phases to
prioritize assistance to those States and Indian Tribes scheduled for transportation
through their jurisdictions. The process to implement this phased approach will be
outlined in the policy statement and the implementation plan. States and Tribes eligible
for receipt of Section 180(c) training assistance will be notified formally in writing.

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4.1 Program Start-up

The actual assistance sequence will depend, in part, on the shipping schedule and the
implementation process. OCRWM will help training assistance recipients understand all
funding and administrative mechanisms described in the implementation plan.

Initially, OCRWM will begin shipping waste from a limited number of utility sites.
Training assistance will be provided to jurisdictions through which those first shipments
will travel. Before waste is shipped from other sites, OCRWM will provide training
assistance to the corresponding jurisdictions, as needed. Ongoing communication among
OCRWM, utilities, States, Indian Tribes, and local jurisdictions will ensure continued
assistance coordination and planning.

4.2 Program Ramp-up

The current waste acceptance schedule limits the number of shipments to the MRS
facility during the first few years of operation. The waste acceptance rate will increase
after the MRS facility, and then the repository, become fully operational. As the number
of shipments increases over time, the number of States and Indian Tribes eligible for
training assistance will increase until the program stabilizes at the design acceptance
level. This phased approach will minimize the need to retrain public safety officials.

43 Monitoring and Retraining

Program monitoring and allocation of resources for retraining are among the essential
elements of the implementation process. OCRWM will monitor the assistance program
to measure and evaluate its effectiveness and make periodic improvements if needed.
This program monitoring process will be designed with input from States, Indian Tribes,
and local governments.

The rapid turn-over rate of State, Tribal, and local emergency response and
transportation regulatory personnel necessitates planning for retraining. The need for
resources by States and Indian Tribes to retrain will be accommodated in the training
assistance process.

5. CONCLUSION

This strategy spells out the steps OCRWM will take to implement assistance as required
by Section 180(c) of the NWPA. In order to provide training assistance there are still
issues that need to be resolved as OCRWM develops its Section 180(c) policy options
paper, policy statement, and implementation plan.

The success of the Section 180(c) assistance depends on effective interaction with the
interested parties. Participation by the TEC Working Group, the TCG, and others in

12
each phase will contribute to the development of a sound policy, clear guidance, and a
workable implementation process.

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SECTION 180(0 DEFINITIONS

This section proposes definitions of terms that will be used throughout the planning
process. Many of these terms are presently subject to different interpretations by a
diverse set of interested parties. The following definitions will be refined throughout the
review process, and final definitions will be issued in the policy statement.

For purposes of discussion, OCRWM proposes the following definitions of terms used in
Section 180(c):

Affected Indian Tribe is any Indian Tribe within whose reservation boundaries a
monitored retrievable storage facility, test and evaluation facility, or a repository
for high-level radioactive waste or spent fuel is proposed to be located or whose
federally defined possessory or usage rights to other lands outside of the
reservation’s boundaries arising out of congressionally ratified treaties may be
substantially and adversely affected by the locating of such a facility: Provided,
that the Secretary of the Interior finds, upon the petition of the appropriate
governmental officials of the Tribe, that such effects are both substantial and
adverse to the Tribe.

An Emergency Response Situation is a highway, barge, or rail transportation
incident4 or accident5 involving an OCRWM spent nuclear fuel or high-level
radioactive waste shipment.

Indian Tribes are those defined as any Indian Tribe, band, nation, pueblo, colony,
or other organized group or community which is recognized as eligible by the
United States Government for the special programs and services provided by the
Secretary [of Interior] to Indians because of their status as Indians and through
whose reservations OCRWM shipments will traverse.

4A radioactive material transportation incident is an event occurring during the
course of transportation (including loading, transport, unloading, and temporary storage)
of radioactive materials that results in actual or suspected release of radioactive material.
The incident may include fire, breakage, spillage, release or suspected release of
radioactive material, excessive or suspected radiation, loss of possession, or accident
conditions.

5A radioactive material transportation accident is an event in which the vehicle
transporting a radioactive material package is involved in an accident. Accidents are
classified as subsets of incidents and can vary in severity from minor mishaps to the very
severe.

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Local Governments are units of government such as a borough, city, county,
parish, town, township, village, or any other general purpose political subdivision
of a State through whose jurisdictions OCRWM shipments will traverse.

Public Safety Officials are any officials at the State, Tribal, or local level of
government, including fire fighters, law enforcement officers, emergency medical
personnel, and State or Tribal Hazardous Materials (HAZMAT) responders, who
are involved with and support the transportation of spent nuclear fuel and high-
level radioactive waste through their jurisdictions.

Safe Routine Transportation is the condition of incident free transportation. It
involves the inspection and enforcement of shipments through State, Tribal, and
local jurisdictions. Safe routine highway transportation is characterized by
adequate vehicle, driver, and package inspection, and enforcement of the Federal
Motor Carrier Safety Regulations and the Hazardous Materials Regulations. Rail
and barge transportation regulations include Federal Railroad Administration and
Coast Guard regulations. Compliance with Nuclear Regulatory Commission
requirements for prenotification and physical protection also contributes to safe
routine transportation.

States are those defined in the NWPA and in the context of the Section 180(c) as
political subdivisions of the United States that will receive technical assistance and
funds for training for public safety officials through whose jurisdictions the
Secretary of Energy plans to transport spent nuclear fuel or high-level radioactive
waste under Section 180(c).

Technical Assistance is assistance that the Secretary of Energy can provide that is
unique to the Department to aid training that will cover procedures for the safe
routine transportation and emergency situations during the transport of spent
nuclear fuel and high-level radioactive waste. If a definition of technical assistance
is provided in the implementation of Section 17 of HMTUSA, OCRWM will use
that definition for future planning regarding emergency situations.

Training is course curriculum and materials for public officials who respond to
emergencies or are responsible for maintaining safe routine transportation. This
includes fire fighters, law enforcement officers, medical technicians, and State or
Tribal HAZMAT responders. The definition of training should be consistent with,
and supplemental to, the HMTUSA for transportation emergency response
training and the Motor Carrier Safety Assistance Program for routine
transportation inspection and enforcement.

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LIST OF ACRONYMS

DOE Department of Energy

DOT Department of Transportation

HAZMAT Hazardous Materials

HMTUSA Hazardous Materials Transportation Uniform Safety Act of 1990

ICG (HMTUSA) Interagency Coordination Group

MOA Memorandum of Agreement

MRS Monitored Retrievable Storage Facility

NPRM Notice of Proposed Rulemaking

NWPA Nuclear Waste Policy Act of 1982, as amended

OCRWM Office of Civilian Radioactive Waste Management

TCG Transportation Coordination Group

TEC DOE Transportation External Coordination (TEC) Working Group

TEPP Transportation Emergency Preparedness Program

TIP Transportation Institutional Plan

17
GENERAL REFERENCES

Federal Emergency Management Agency, 1984. "Federal Radiological Emergency
Response Plan," Federal Register, Vol. 49, No. 178, September.

Federal Emergency Management Agency, 1988. Guidance for Developing State and
Local Radiological Emergency Response Plans and Preparedness for Transportation
Accidents. FEMA-REP-5, August.

Hazardous Materials Transportation Act of 1974, 49 U.S.C. Sections 1801-1812 and
implementing regulations in 49 CFR Parts 107, 170-179.

HM-164, 49 Code of Federal Regulations 177.825, 1980.

Midwestern Office of the Council of State Governments, 1990. Midwestern Radiological
Emergency Preparedness and Response Agency Report, prepared for the U.S.
Department of Energy, Lombard, IL., May.

Midwestern Office of the Council of State Governments, 1990. Radioactive Materials
Transportation Safety Training Report, prepared for the U.S. Department of Energy,
Lombard, IL., May.

Midwestern Office of the Council of State Governments, 1990. Report on Mutual Aid
Agreements for Radiological Transportation Emergencies, prepared for the U.S.
Department of Energy, Lombard, IL., May.

Midwestern Office of the Council of State Governments, 1990. Model State Mutual Aid
Agreement, prepared for the U.S. Department of Energy, Lombard, IL., May.

National Congress of American Indians, 1988. Tribal Governments Potentially Im
pacted bv High-Level Nuclear Waste Transportation to the Yucca Mountain Repository
Site. Washington, D.C., January.

Nuclear Waste Policy Act of 1982, Public Law 97-425, 42 U.S.C. 10101-10226.

Nuclear Waste Policy Amendments Act of 1987, Public Law 100-203, 42 U.S.C. 10101 et
seq.

Science Applications International Corporation, 1989. Emergency Preparedness for
Transportation Incidents Involving Radioactive Materials. SAIC 89/1354, prepared for
U.S. Department of Energy, Washington, D.C., May.

19
Southern States Energy Board, 1988. Southern States Radiological Emergency and
Response Agencies, prepared for U.S. Department of Energy, Norcross, GA., November.

Southern States Energy Board, 1989. Southern States Radiological Emergency
Preparedness and Response Plans: A Collection of Matrices, prepared for U.S.
Department of Energy, Norcross, GA., July.

Southern States Energy Board, 1990. Southern States Radiological Emergency Response
Laws and Regulations, prepared for U.S. Department of Energy, Norcross, GA., June.

Southern States Energy Board, 1990. Southern States Radiological Transportation
Emergency Response Training Course Summary, prepared for U.S. Department of
Energy, Norcross, GA., April.

U.S. Congress, Office of Technology Assessment, 1986. Transportation of Hazardous
Materials. OTA-SET-304, Washington, D.C., July.

U.S. Department of Energy, 1986. Transportation Institutional Plan, DOE/RW-0094,
Office of Civilian Radioactive Waste Management, Washington, D.C., August.

U.S. Department of Energy, 1988. Draft 1988 Mission Plan Amendment. DOE/RW-
0187, Office of Civilian Radioactive Waste Management, Washington, D.C., June.

U.S. Department of Energy, 1988. OCRWM Transportation Program Reference.
DOE/RW-0193, Office of Civilian Radioactive Waste Management, Washington, D.C.,
July.

U.S. Department of Transportation and Federal Emergency Management Agency, 1986.
Report to the Congress on Hazardous Materials Training. Planning, and Preparedness.
Washington, D.C., July.

U.S. General Accounting Office, 1989. Hazardous Materials: Federal Training for
First Responders to Highway and Railroad Incidents. GAO/RCED-89-146FS,
Washington, D.C., May.

U.S. Nuclear Regulatory Commission, 1990. Survey of State and Tribal Emergency
Response Capabilities for Radiological Transportation Incidents. NUREG/CR-5399,
Washington, D.C., September.

Western Interstate Energy Board, 1990. Timing of Emergency Response Training
Under Section 180 of the Nuclear Waste Policy Amendments Act, prepared for the U.S.
Department of Energy, Denver, CO., March.

20
Western Interstate Energy Board, 1988. Implementation Strategy for Section 180fcl of
the 1987 Amendments to the Nuclear Waste Policy Act, prepared for the U.S.
Department of Energy, Denver, CO., August.

21
APPENDIX A

Comments and Responses on the Draft Strategy
for OCRWM to Provide Training Assistance
to State, Tribal, and Local Governments

A notice of availability of the draft strategy was announced in the Federal Register on
March 6, 1992. A 60-day comment period was provided. Comments were submitted to
DOE from the following groups: Western Interstate Energy Board (WIEB), Inyo County,
CA the State of New Mexico, and Edison Electric Institute (EEI). This appendix
addresses twelve issue categories. Nine major issue areas have been summarized to
facilitate a single response for each. The remaining three categories include:
miscellaneous comments, definitions, and editorial comments. DOE has carefully
considered all the comments that were received and has revised the strategy where
appropriate.

Issue: Rulemaking for Policy Statement and Implementation Plan

EEI stated it would be far less effective for OCRWM to incorporate its final policy
statement and implementation plan in a binding agency rule than in a general policy
statement that could be tailored to meet the needs of each jurisdiction requiring
assistance. EEI suggested that DOE publish notice of the availability of documents such
as its policy options paper, policy statement, and implementation plan in the Federal
Register and provide an opportunity for public comment, as it has done with the draft
strategy.

Response

Only the Section 180(c) policy statement will be issued as a final agency rule. It will
include the scope of the assistance program, eligibility criteria, funding levels, distribution
and training mechanisms, and an outline of the implementation plan.

The implementation plan will be not be issued as a final agency rule. The plan will
provide an implementation process that is flexible for responding to States’ and Indian
Tribes’ unique jurisdictional requirements and needs.

The TCG and TEC meetings will provide forums for discussion and predecisional input
on the options paper, policy statement, and the implementation plan. DOE will publish
a notice of proposed rulemaking (NPRM) of the draft policy statement. The final rule
will be issued after comments have been received and considered. Notice of the

23
availability of the implementation plan will be published in the Federal Register. Each
notification process provides an opportunity for public comment.

Issue: Timing of Training Assistance

Both EEI and New Mexico noted that the draft strategy lists two different starting times
for initiating training. The text on page 1 of the draft strategy indicates that training
assistance will commence between 1993 and 1995 to jurisdictions along the initial routes
from utilities to an MRS, with retraining provided in 1995. The schedule on page 6 of
the draft strategy indicates that training assistance will commence in 1995, with retraining
beginning in mid-1996. DOE must address this discrepancy.

EEI expressed concern that providing training assistance prior to the 1996 time frame
may be too early. EEI stated that the optimum time to administer training assistance is
only one to two years in advance of the commencement of shipments, because this
amount of time allows for adequate advance preparation and also ensures that training of
public officials is current. EEI suggests that DOE ensure that providing training
assistance does not become a critical path item such that DOE’s failure to have provided
training assistance could delay the initiation of shipments.

EEI also suggested that in order to gauge the timing of training, the DOE should draw
on the experience of training States and Indian Tribes in preparation for shipments to
the WIPP.

Response

We have changed the text to read as follows: "OCRWM will begin providing technical
assistance and begin the process to provide funding for training to jurisdictions along the
initial corridors from the utilities to an MRS no less than three years before shipments
begin; and make adjustments and support retraining as needed."

OCRWM will begin providing technical assistance and begin the process to provide
funding to jurisdictions along the initial routes no less than three years before shipments
begin, if an MRS has been identified. To minimize the need to retrain, and because of
the limited number of initial shipments, assistance will begin with those States or Indian
Tribes that must be prepared to meet safe routine transportation and emergency
response demands in 1998. In addition, OCRWM will use lessons learned from the
WIPP shipments as it plans timing of training.

In response to EEFs comment on critical path, OCRWM has built enough flexibility into
the schedule so that OCRWM can provide timely training assistance without delaying the
initiation of shipments.

24
WIEB stressed the importance of selecting routes before training begins.

Response

Potential routes must be identified in order to identify eligible participants. The
designation of these routes is contingent upon designation of an MRS or a repository
site.

Issue: Retraining Issues

EEI interpreted the draft strategy to imply that the DOE itself will provide any necessary
retraining. A strategy that places primary reliance on DOE for the provision of
retraining assistance would not be the most efficient nor cost effective. It would be far
more effective if there were qualified trainers available either within a State or a regional
organization that can provide retraining when necessary.

EEI also proposed that to deal with the retraining issue, DOE should make it a priority
to incorporate a train-the-trainer course into the Section 180(c) implementation plan.

Response

OCRWM will not be providing retraining; rather, OCRWM will provide assistance to the
States and Indian Tribes for retraining. The Section 180(c) implementation plan will
address how to apply and account for the funds. State and Indian Tribes will have
flexibility in how to cost-effectively retrain its officials.

Issue: Participation in Section 180(c) Development through the TEC Working Group

Several comments addressed membership issues for Transportation External
Coordination (TEC) Working Group. EEI suggested that DOE include all federal
agencies that have responsibilities for emergency preparedness and response training in
the TEC Working Group.

Inyo, WIEB, and New Mexico commented that OCRWM needed to make additional
efforts to ensure that all potentially affected entities are involved in the Section 180(c)
decision-making process and are represented at TEC. WIEB also commented that
provisions should be made to include local jurisdictions and organizations that do not
have the funds to attain national organizational status in the development and in the
TEC Working Group.

Inyo County commented that organizations listed on the TEC Working Group under
local organizations did not adequately represent rural communities, and because

25
shipments are usually routed away from populated areas, the largest number of impacted
jurisdictions could be seriously under represented. New Mexico suggested that TEC
membership include organizations such as the American College of Emergency
Physicians, the Emergency Nurses Association, and one or more organizations that could
effectively represent local government jurisdictions.

WIEB stressed the importance of early and active State participation in Section 180(c)
development and wanted OCRWM to ensure that States’ concerns with Section 180(c),
and the statutory mandates under the 1987 NWPA would not be diluted as part of
DOE’s broad TEPP initiative and the TEC Working Group.

Response

The TEC group was established by DOE to implement parts of the Transportation
Emergency Preparedness Program (TEPP) and the OCRWM Program. It serves as a
mechanism for continuing and improved coordination between appropriate DOE
elements and State, Tribal, and local levels of government. This group was established
for stakeholders to provide input into the DOE decision-making process. OCRWM then
coordinates emergency preparedness planning with other Federal agencies through such
mechanisms as the HMTUSA Interagency Coordination Group, the National Response
Team, and the Federal Radiological Preparedness Coordinating Committee.

TEC meetings are open to all who wish to attend. OCRWM will seek the participation
of those groups that may better represent local jurisdictions and rural communities, and
examine which mechanisms could be used to fund the participation of those parties not
having the necessary means to attend the TEC meetings. In addition, OCRWM will
continue to address State and Tribal concerns with the Section 180(c) process through
cooperative agreements and through other forums such as the TCG. Once routes have
been selected for NWPA shipments, OCRWM will directly involve and seek input from
those States, Tribes, and local jurisdictions.

Issue; Determining the Use of Section 180(c) Funds

WIEB expressed an overall concern with the funding issue and questioned how OCRWM
would determine funding levels and the use of funds for equipment.

Inyo County wants OCRWM to indicate the direction in which it wants to go regarding
funding for equipment acquisitions by State, Tribal and local governments, and whether
technical assistance will encompass an R&D effort to enhance radiological detection
equipment. Inyo County stated that it is unreasonable and ineffective to train responders
to use equipment they do not have, or require agencies to purchase equipment they
would not normally require. There is an urgent need for the development of a rugged

26
radiological detection device that does not require high levels of technical training to
maintain or use.

EEI stated it would not be appropriate for DOE to use Nuclear Waste Fund monies to
fund a research and development project for radiation monitoring devices. DOE should
focus its efforts on ensuring that responsible State, Tribal, and local personnel have
necessary equipment and know how to use and maintain it as opposed to funding an
effort to develop new equipment.

Response

OCRWM will take these concerns under consideration as it develops its policy on the use
of Section 180(c) funding. OCRWM will outline its position on equipment in the draft
policy statement. The final policy statement will establish guidance concerning the use of
funds for equipment and whether technical assistance will include a research and
development effort for new radiological detection equipment.

Issue: Types of Training to be Provided under Section 180(c)

EEI stated that State and Tribal training should focus on NWPA shipments as opposed
to non-NWPA shipments such as for the WIPP or general hazardous materials
shipments.

Response

The NWPA requires DOE to provide technical assistance and funds to States for training
public safety officials of jurisdictions through which it plans to transport spent nuclear
fuel or high-level waste. Training for NWPA shipments will cover procedures required
for safe routine transportation, as well as procedures for dealing with emergency
response situations. OCRWM will provide the funds directly to States and Indian Tribes.
The States and Tribes will have the ultimate responsibility for determining what training
is needed to support NWPA shipments. OCRWM will monitor the effectiveness of its
assistance program and make periodic improvements if needed.

Issue: Approach to Addressing Emergency Response Funding and Training Needs

WIEB stressed the importance of State flexibility in determining training needs and
eligible Section 180(c) activities.

Acknowledging that DOE has been working on the development of the draft strategy
with individual States and Tribes, EEI feels that DOE should explore with affected
jurisdictions the development of cooperative agreements among States, Tribes, and local
governments and the provision of funding and assistance through such a cooperative

27
approach. The benefits that could result from such cooperative agreements include:
standardization of equipment and training, optimization of joint resources, shared
expenses, and the coordination of activities across state borders in the event of an
accident. Another benefit from working with groups of affected jurisdictions instead of
each individual jurisdiction is that DOE could reduce the amount of time that is
necessary to provide the required training.

Response

OCRWM is committed to working directly with affected States, Tribes, and local
jurisdictions in determining training needs under Section 180(c). Once routes are
selected, we will be able to determine which States, Tribes, and local governments will be
affected by NWPA shipments and work closely with them to determine their specific
training needs and the most appropriate means to provide assistance and funding to
them. Both the Section 180(c) policy statement and the implementation plan will discuss
the appropriate mechanisms for providing this assistance.

Issue: Issuance of Final Section 180(c) Strategy

WIEB recommended that DOE should either make an official designation of the second
draft strategy as the final or produce a separate final strategy.

New Mexico strongly recommended that OCRWM formally complete the comment
solicitation and response process, either by finalizing the strategy document or by
providing commentors and other interested parties a clear understanding of how
identified issues/concerns will be resolved within the proposed program structure.

Response

The strategy has been issued as a final document. Comments received on the document
have been incorporated as appropriate, and a comment/response section is included as
an appendix.

Issue: Rationale for Selecting Policy Options

New Mexico suggested revising the language on page 2 to read, "issue a policy statement
identifying the option selected and the reasoning behind the selection."

Response

This suggestion has been incorporated into the text.

28
Miscellaneous Comments

On page 1, last paragraph of the draft strategy: New Mexico suggested revising the
language under "(1)" to read: "(1) continue and enhance current efforts with interested
groups and potentially affected entities to identify and discuss funding and technical
assistance issues."

Response

This comment has been incorporated into the text. OCRWM is committed to active and
increased involvement and participation by all potentially affected and interested parties.

New Mexico suggested Figure 1 should indicate the tentative dates for issuance in the
Federal Register of both the advanced notice of proposed rulemaking (ANPR) and the
notice of proposed rulemaking (NPRM).

Response

There will only be a notice of proposed rulemaking (NPRM) and Figure 1 has been
changed to indicate the anticipated NPRM issuance date.

Definitions

New Mexico requested definitions for both "incident" and "accident" as used in the
definition section. Also, New Mexico asked for clarification whether OCRWM intends
"An Emergency Situation" and "An Emergency Response Situation" to have identical
meanings.

Response

The terms "incident" and "accident" have been defined as requested. The term
"emergency response situation" has been substituted for "emergency situation."

New Mexico suggested, in the proposed definition of "Public Official," substitute
"emergency medical personnel" for "medical technicians." New Mexico also asked for
clarification whether "Public Official" and "Public Safety Official" have the same meaning.

Response

The term "emergency medical personnel" has been substituted for "medical technicians."
The term "Public Safety Official" has been substituted for the term "Public Official."

29
New Mexico recommended that the definition of "Safe Routine Transportation" be
expanded to include other activities such as: route designation, establishment of
protocols for adverse driving conditions, shipment tracking, and public awareness and
participation.

Response

A general discussion of the scope of the Section 180(c) assistance program-including the
types of safe routine transportation assistance provisions OCRWM is considering
funding-will be presented in the policy options paper. OCRWM will seek comments on
this issue and the options to be presented in the policy options paper as it develops its
position on this issue.

Editorial Comments

New Mexico - Page 2 of the draft strategy, last paragraph: In the last sentence, the word
through is misspelled Also in that sentence, substitute "and/or" for "and."

Response

The referenced text has been removed as a result of updating the draft strategy.

New Mexico - Page 3, first paragraph of the draft strategy: After "offsite concerns . .
insert "including, but not limited to, questions of State liability".

New Mexico - Page 4, third bullet of the draft strategy: Insert "and appropriate" after
"possible."

New Mexico - Figure 2: The name of WGA should be "Western Governors’
Association." and the name of CERT is the "Council of Energy Resource Tribes."

Response

Editorial comments are reflected in the text.

30 * U.S. G.P.0.:1992-343-169:80015
The following number is for OCRWM Records
Management purposes only and should not be
used when ordering this publication.

HQO*921020 0001

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