44 Cfr 350.7

Federal Emergency Management Agency, DHS

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§ 350.6 Assistance in development of
State and local 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–1,
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.
§ 350.7 Application by State for review
and approval.
(a) A State which seeks formal review and approval by FEMA of the

§ 350.7

State’s radiological emergency plan
shall submit an application for such review 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
approval is sought. For guidance on the
local government plans that should be
included with an application, refer to
Part I.E. NUREG–0654/FEMA–REP–1,
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

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§ 350.8

44 CFR Ch. I (10–1–19 Edition)

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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
suitable 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
furnish 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).
Evaluation 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 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, 1 to
1 See § 350.2 for definitions of ‘‘full participation’’ and ‘‘remedial exercises’’.

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