# Federal Radiological Emergency Response Plan (FRERP); Operational Plan

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A96-11313

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** May 8, 1996
- **Citation:** 61 FR 20944

## Text

SUMMARY: The Federal Emergency Management Agency gives notice of and
publishes the Federal Radiological Emergency Response Plan (FRERP) as
the operational plan for Federal agencies to discharge their
responsibilities during peacetime radiological emergencies. The FRERP
establishes an organized, integrated capability for participating
Federal agencies to respond to a wide range of peacetime radiological
emergencies. The Plan provides a concept of operations, outlines
Federal policies and planning considerations, and specifies authorities
and responsibilities of each Federal agency that has a significant role
in such emergencies. The FRERP is now fully operational for use in the
Federal response to radiological emergencies.

EFFECTIVE DATE: May 8, 1996.

FOR FURTHER INFORMATION CONTACT: Thomas M. Antush, Operations Division,
Response and Recovery Directorate, Federal Emergency Management Agency,
500 C Street SW., Washington, DC 20472, telephone (202) 646-3617.

SUPPLEMENTARY INFORMATION: On September 6, 1994, FEMA published the
proposed Federal Radiological Emergency Response Plan in the Federal
Register (59 FR 46086-46107). Referred to interchangeably as the FRERP,
or the Plan, the Federal Radiological Emergency Response Plan was
developed by FEMA and 16 other Federal agencies. It was published in
interim but operational form pending formal agency concurrences by each
of the 17 agencies that cooperated in the development of this Plan.
Federal agencies respond to radiological emergencies using the
FRERP, each agency in accordance with its existing statutory
authorities and funding resources. The Lead Federal Agency is
responsible for coordination of the overall Federal response to the
emergency. FEMA is responsible for coordinating non-radiological
support using the structure of the Federal Response Plan. The
relationship between the FRERP and the Federal Response Plan is
discussed in the FRERP, and will be further described in a Radiological
Emergencies Annex to the Federal Response Plan.
Section 304 of Pub. L. 96-295 requires that the President prepare
and publish a plan to provide for expeditious, efficient, and
coordinated Federal response to accidents at nuclear power facilities.
Executive Order (E.O.) 12241 of September 29, 1980, as amended by E.O.
12657, delegated this responsibility to the Director of FEMA. FEMA
published the first FRERP on November 8, 1985, 50 FR 46542. The FRERP
published today updates and supersedes the Plan published in 1985.
After the September 6, 1994 publication, FEMA presented the interim
proposed Plan to the management of the other 16 Federal agencies. Each
of these agencies has provided its written concurrence with the Plan.
Several of the agencies offered proposed changes to the interim Plan.
FEMA and other members of the Federal Response Subcommittee reviewed
those proposed changes and determined that they are minor, clarify
Federal agency roles and responsibilities, and that they do not affect
the basic organization or responsiveness of the Plan.
The 1994 notice requested public comments on the proposed plan.
Over 70 comments were received from approximately 20 organizations
representing Federal and State Government agencies and private industry
that will be affected by changes in the FRERP. The remainder of the
Preamble provides the Federal Response Subcommittee's (``the
Committee'') response to the comments received during the comment
period. The comments, and the Committee's responses, are listed in the
order of appearance in the FRERP. The page numbers cited in the comment
summary refer to the page numbers in the September 6, 1994, Federal
Register notice of the proposed plan. The organization that provided
the comment is identified in the brackets following the comment.

Responses to Comments

Comment 1. The word ``domestic'' in II.B.3. of the Table of
Contents on page 46086 should be stricken and changed to read ``NASA/
DOD Satellites* * *'' In addition, this change should be made
everywhere in the plan where the word ``domestic'' appears (e.g., pages
46088-46089), including all such references in the tables. [NASA]
Response: Based on subsequent discussions with NASA, the word
``domestic'' is stricken from the title in II.B.3 of the Table of
Contents, in II.B.3 of the text and in Table II-1, so the category now
reads ``Satellites Containing Radioactive Materials''.
Comment 2. The phrase ``that could require a response by several
Federal agencies'' found in I. Introduction and Background, C. Scope on
page 46087 is vague and doesn't explain who will make the decision
based on what criteria. Any Federal response should be tied to a
structured classification system, statutory authority, or the request
for assistance from a State or other appropriate jurisdiction. This is
more clearly stated in Section D.3 on the same page. [Department of
Nuclear Safety (Illinois)]
Response--This phrase was purposely worded to provide Federal
agencies maximum flexibility to respond to State and local requests for
assistance in the event of a radiological emergency. The Committee
believes that the use of a structured classification system would
adversely impact the ability of the Federal Government to configure
their response to meet the specific needs that would be associated with
a particular emergency. As the comment recognizes, information
contained in various paragraphs of II. Concept of Operations, provides
greater details on how Federal support can be requested.
Comment 3. Page 46087, I. Introduction and Background, C. Scope,
last sentence. The U.S. Code citations to the referenced statutory
authorities should be included (e.g., Subsection 274.b of the Atomic
Energy Act of 1954, as amended, 42 U.S.C. 2021(b). [NASA]
Response--The appropriate citations have been added to the
referenced authorities in Appendix C, Federal Agency Response Missions,
Capabilities and Resources, References, and Authorities.
Comment 4. On page 46087, the last sentence of the first paragraph
of I.D.2. Coordination by Federal Agencies, states ``The degree to
which the Federal response is merged or to which activities are
adjusted will be based upon the requirements and priorities set by the
State.'' This is the way the State would hope the Federal Government
will work with them. However, after reading the rest of the plan, this
is not the policy the Federal Government is planning on pursuing.
[Office of Emergency Management--Department of Motor Vehicles and
Public Safety (Nevada)]
Response--The Committee made a determined effort to assure that the
Plan describes a Federal response in support of the State response. As
stated in Section II.A., ``The concept of operations recognizes the
preeminent role of State and local governments for determining and
implementing any measures to protect life, property, and the
environment in areas not under the

[[Page 20945]]

control of a Federal agency.'' Accordingly, the Federal agencies that
are signatories to this plan recognize that State and local governments
are their ``customers'' and that the off-site Federal role is one of
providing support and assistance as requested. This applies to all
aspects of a radiological emergency response in the affected off-site
area (e.g., environmental monitoring and assessment, implementation of
protective actions, release of public information, and determination of
restoration priorities). For example, on page 46089 Section II.D.3.
Radiological Monitoring and Assessment states that the Federal
radiological monitoring and assessment response activity will ``support
the monitoring and assessment programs of the States.'' Also, on page
46091 Section II.D.4. Protective Action Recommendations states ``The
LFA will assist State and local authorities, if requested, by advising
them on protective actions for the public.''
Comment 5. On page 46087 the second paragraph in I.D.2.
Coordination by Federal Agencies states, ``Appropriate independent
emergency actions may be taken by the participating Federal agencies
within the limits of their own statutory authority to protect the
public, minimize immediate hazards, and gather information about the
emergency that might be lost by delay.'' This was the philosophy used
by DOE and EPA in an exercise in which the town of Rachel, NV, was
evacuated without State and local officials being notified. DOE and EPA
took it upon themselves to go door to door and issue an evacuation
order which is not within their statutory authority. They can assist
but they do not issue an evacuation order. In an emergency, the locals
may not be able to respond quickly enough to participate in an
evacuation order, but Federal agencies must inform the State and local
officials of their plans before they take any action and not after the
fact. In the State of Nevada, the Governor is the only one who can
issue an evacuation order. A paragraph stressing the importance of
Federal agencies informing the State and local officials before the
response is taken and not after should be inserted into the plan.
[Office of Emergency Management Department of Motor Vehicles and Public
Safety (Nevada)]
Response--While the Committee agrees that State and local officials
should be notified and kept informed of all Federal activities in the
affected off-site areas, the Committee believes that this issue is
adequately addressed in the plan as written. As stated in Section
II.A., ``The concept of operations recognizes the preeminent role of
State and local governments for determining and implementing any
measures to protect life, property, and the environment in areas not
under the control of a Federal agency.'' The adherence of the Federal
agencies to this principle has been clearly demonstrated by their
actions in the FRMAC-93, Hanford, and DIAGRAM JUMP exercises that have
been conducted with the states of Nebraska, Iowa, and Washington over
the past 2 years.
Comment 6. On page 46087, the first paragraph of Section I.D.3.
Federal Agency Authorities states, ``Some Federal agencies have
authority to respond to certain situations affecting public health and
safety with or without a State request.'' It is not clear under what
circumstances the Federal agencies will respond. The authority is
vague. I think that if it is in time of emergency that has already been
addressed, this sentence should be removed. [Office of Emergency
Management--Department of Motor Vehicles and Public Safety (Nevada)]
Response--The purpose of this sentence was to indicate that under a
few very unlikely situations some Federal agencies have the authority
to initiate actions to protect public health and safety without being
requested to do so by either State or local officials. However, because
the signatories to the FRERP do not believe that these situations will
occur during a radiological emergency the plan does not go into any
level of detail about these specific situations. It is the intention of
all Federal agencies to work closely with State and local officials in
the development and implementation of actions to protect public health
and safety. Federal agencies will make every attempt to get approval
from State and local officials before taking any actions involving the
general public.
Comment 7. The Commenter recommended that the following be added to
I.E. Training and Exercises on page 46087: ``Reimbursement for training
and exercises shall be in accordance with Section D.6.'' [Yankee Atomic
Electric Company]
Response--Paragraph I.D.6. clearly states that each Agency will pay
its own way in a response to an emergency. Also, each Agency will fund
its own preparedness and planning activities, including participation
in drills and exercises. However, there may be situations in which
special funding may be available for either response or exercise
participation and Agencies are free to seek reimbursement as
appropriate. The reimbursement of State and local expenses for their
participation in training and exercises will be handled in accordance
with pre-existing agreements between the appropriate Federal agency.
The Committee made no changes to the plan.
Comment 8. Paragraph I.F.1. Relationship to the Federal Response
Plan (FRP) on page 46087 should include explanatory remarks and include
appropriate U.S. Code citations to the Stafford Act and the provisions
or section pertinent to a declaration. [NASA]
Response--The Committee believes that the existing wording
adequately describes the relationship between the FRERP and the FRP and
that the intended audience for this plan is sufficiently familiar with
the Stafford Act that additional clarification is not needed. The
Radiological Emergencies Annex to the FRP, which is currently under
development, will provide additional clarification of the FRERP/FRP
relationship.
Comment 9. Sections I.F.1. Without a Stafford Act Declaration on
page 46087 and I.F.2. With a Stafford Act Declaration on page 46088
state (Section F.1) that in the absence of a Stafford Act declaration,
FEMA ``is responsible for coordinating non-radiological support using
the structure of the Federal Response Plan (FRP),'' but then goes on to
state (Section F.2), ``When a Stafford Act Declaration has activated
the FRP* * *'' The two statements appear contradictory on their face,
although perhaps some editing would resolve the apparent contradiction.
[FEMA--Region II]
Response--Because the FEMA responsibility for coordination of non-
radiological support would be the same for emergencies whether or not
there is a Stafford Act declaration, it seems more efficient to use
procedures and resources that already exist, and are used during
emergencies throughout the year. The phrase, ``activate the Federal
Response Plan,'' has come to mean that a Stafford Act declaration has
been made. In order to make clear that a Stafford Act declaration has
not been made, but the same familiar emergency response procedures
should be followed, the phrase, ``using the structure of the Federal
Response Plan,'' was devised. It indicates that Federal agencies should
respond using whatever statutory authorities and funding they already
possess--not Stafford Act authorities or funding. If there is a
subsequent Stafford Act declaration, Stafford Act authorities and
funding would then apply. The Radiological Emergencies Annex to the
FRP, which is under development, will explain the

[[Page 20946]]

relationship between the FRERP and the FRP in more detail.
Comment 10. Section I.F. Relationship to the Federal Response Plan
(FRP) on pages 46087 and 46088, refers to a``Stafford Act
Declaration.'' The FRERP does not define or explain what a ``Stafford
Act Declaration'' is. Although this terminology may be familiar to FEMA
personnel and local officials dealing with a variety of natural and
man-made disasters, it is not necessarily familiar to NRC licensees who
may potentially be involved in some aspects of implementation of the
FRERP. Accordingly, a very brief notation that a Stafford Act
declaration is a formal declaration of a major disaster by the
President would be appropriate. [NRC--Office of General Counsel]
Response--The Committee believes that the intended audience for
this plan is sufficiently familiar with the terminology that additional
clarifying language is not needed. The Radiological Emergencies Annex
to the FRP, which is under development, will clearly explain the
relationship between the FRERP and the FRP.
Comment 11. Section I.F.1. Without a Stafford Act Declaration at
the top of the first column on page 46088 says FEMA coordinates non-
radiological support. This appears to be a shift from the old concept
that FEMA would be the clearinghouse for all requests for Federal
assistance. [Department of Nuclear Safety (Illinois)]
Response--The Commenter is correct. Without a Presidential disaster
declaration, the LFA coordinates the radiological response to the
emergency while FEMA coordinates the non-radiological response.
Accordingly, the Federal Government must identify the appropriate
persons for State and local officials to interact with. The LFA and the
Senior FEMA Official must work closely together to ensure that all the
needs of the affected State and local governments are addressed. The
Radiological Emergencies Annex to the FRP, which is under development,
will clearly explain the relationship between the FRERP and the FRP.
Comment 12. Revise the last sentence of I.F.1. Without a Stafford
Act Declaration on page 46088 to read, ``FEMA, which has the
responsibility for coordinating non-radiological support, will use the
structures of the FRP to accomplish this activity.'' [USDA]
Response--This change was incorporated into the plan.
Comment 13. The information in Section I.G. Authorities on page
46088 should be updated with the appropriate citations to the statutory
authority and the updated information about any amendments to Executive
Order 12241 should be included. [NASA]
Response--This information has been incorporated into the plan as
appropriate.
Comment 14. In Section II. Concept of Operations on page 46088 some
reference to radioactive wastes should be addressed. This is and will
be a major portion of potential emergencies for planning of all
agencies. This could be addressed in 5 (Other Types of Emergencies).
[DOE]
Response--The disposition of radioactive wastes is a component of
any radiological emergency, not a separate type of emergency. The
protection of the public from exposure to radioactive waste is included
in the Protective Action Recommendations section, specifically,
``Recommendations regarding the disposition of contaminated livestock
and poultry'' and ``Recommendations for recovery, return and cleanup
issues.'' Advice to the State will be provided by the LFA supported by
the Advisory Team for Environment, Food and Health.
Comment 15. The second paragraph of Section II.A. Introduction on
page 46088 states, ``The concept of operations recognizes the
preeminent role of State and local governments for determining and
implementing any measures to protect life, property, and the
environment in areas not under the control of a Federal agency.''
Recognizing the State and local government roles is fine but it is not
enough. The plan needs to say that the Federal agencies will work with
the State and local governments to accomplish their responsibilities.
The States need to know that the Federal agencies plan to work in
conjunction with the State and local governments to protect life,
property, and the environment. It needs to be stated. Otherwise, the
impression is--well, we recognize your responsibilities, but we don't
have to support or work with you. [Office of Emergency Management--
Department of Motor Vehicles and Public Safety (Nevada)]
Response--The Federal agencies that are signatories to this plan
recognize that State and local governments are their ``customers'' and
that the off-site Federal role is one of providing support and
assistance as requested. This applies to all aspects of a radiological
emergency response in the affected off-site area (e.g., environmental
monitoring and assessment, implementation of protective actions,
release of public information, and determination of restoration
priorities). For example, on page 46089 Section II.D.3. Radiological
Monitoring and Assessment states that the Federal radiological
monitoring and assessment response activity will ``support the
monitoring and assessment programs of the States.'' Also, on page 46091
Section II.D.4. Protective Action Recommendations states, ``The LFA
will assist State and local authorities, if requested, by advising them
on protective actions for the public.'' The Committee cannot emphasize
enough the preeminent role of the State and local governments;
therefore, it has recommended, and the Federal Radiological
Preparedness Coordinating Committee has agreed to develop a program to
disseminate the details of the revised FRERP to Federal agency
responders and the State emergency services organizations.
Comment 16. The language in Section II.B.1. Nuclear Facility on
page 46088 should clearly state that State and local requests for
Federal assistance during a nuclear plant accident should be made
directly to the NRC. Likewise, Federal assistance for emergencies
involving DOD, DOE, non-licensed materials, transportation accidents,
and unknown sources (B.1, 2, 3, 4, & 5) have new LFA designations, and
presumably these LFAs should handle assistance requests directly.
Current guidance requires making such requests through FEMA or directly
to a Federal supporting agency. [Department of Nuclear Safety
(Illinois)]
Response--Paragraph I.D.5. Requests for Federal Assistance on page
46087 clearly states that State and local governments as well as the
owners and operators of radiological facilities or activities may make
requests directly to any of the Federal agencies listed in Table II-1
on page 46089, FEMA, or other Federal agencies with whom they may have
preexisting arrangements or relationships. While the preferred means of
notification and requesting support is through the designated LFA, the
signatory Agencies will automatically notify the appropriate Federal
agency if they are notified of a radiological emergency for which they
are not the LFA. For example, if the emergency involved a commercial
nuclear power plant the NRC is the LFA and any requests, either initial
or follow-up, should be made to the NRC. However, if EPA is requested
to provide support by an affected State, the EPA will notify the NRC of
the situation and then support the NRC response to assist the State as
appropriate. If the emergency involved unlicensed radioactive material
that is not owned by DOD or DOE the designated LFA is EPA and should
receive State and local requests for assistance. If DOE were

[[Page 20947]]

notified of this situation they would automatically call EPA. It should
be noted that with the publication of this plan previous guidance is
now superseded.
Comment 17. Section II.B.1. Nuclear Facility on page 46088
designates DOD or DOE as the Lead Federal Agency for responding to
emergencies at facilities that they own. Section II.B.1.(a) provides
that NRC is the Lead Federal Agency for facilities that it licenses.
Although the listing for types of facilities that NRC is responsible
for includes gaseous diffusion facilities, there is ambiguity with
respect to who is responsible for the gaseous diffusion facilities
operated by USEC. DOE actually owns the gaseous diffusion plants that
are leased to U.S. Energy Corporation (USEC). The NRC will be issuing
certificates of compliance but will not be licensing the USEC operated
gaseous diffusion plants. If the intent is that NRC should have the
lead responsibility for these facilities then the phrase ``regarding an
activity licensed by NRC'' in Section II.B.1.(a) should be revised to
read ``regarding an activity licensed or regulated by NRC.'' [NRC--
Office of General Counsel]
Response--It was determined by the Committee that the present FRERP
language clearly states that the NRC is the designated LFA and that no
changes in the wording are necessary.
Comment 18. In Section II.B.3. Domestic Satellites Containing
Radioactive Materials on page 46088 the word ``domestic'' should be
deleted from the title to read as ``NASA/DOD Satellites Containing
Radioactive Materials.'' In addition, it is suggested that wording be
added to allow NASA and DOD to determine on their own who will be the
LFA for missions that involve a NASA payload on a DOD launch vehicle or
visa versa. [NASA]
Response--The Committee agreed to strike the word ``domestic'' from
the title. With regard to joint NASA/DOD satellite missions, it is the
intent of the Committee to allow NASA and DOD to determine between
themselves who will be the LFA in the event of an accident. Satellites
that are not domestic are discussed in II.B.4, ``Impact from Foreign or
Unknown Source.''
Comment 19. Section II.B.4. Impact from Foreign or Unknown Source
on page 46088 needs to be revised to clarify what is intended to be
covered. The text of that paragraph is inconsistent with its title,
which title suggests no direct involvement by the United States.
Further, an explanation of ``an ongoing interest'' and ``intimately
involved in mission operations'' in defining ``joint'' and ``venture''
is needed. Such a definition may include cooperative missions, for
example, between the U.S. and Russia, and, if so, then the appropriate
policy decisions need to be made at the appropriate levels of the
Executive and Legislative Branches to mandate this responsibility on
our government agencies. Coordination or discussions with Executive
Branch high-level policy officials who are responsible for such
``ventures'' are needed prior to the finalization of this policy. Also,
this text and the definitions should be cleared by such officials. If
not, it is recommended that such coordination take place prior to
finalizing this FRERP, and that a better understanding be attained as
to what U.S./foreign governments involvements are contemplated here.
[NASA]
Response--Per discussion with NASA, the second paragraph in II.B.4.
was moved to II.B.3 to be more consistent.
Comment 20. Table II-1, Identification of Lead Federal Agency for
Radiological Emergencies on page 46089 should be changed to read
``NASA/DOD'' satellites instead of ``Domestic'' satellites. It is
further recommended that DOE be listed as an LFA. [NASA]
Response--Per discussion with NASA, the wording has been changed to
read ``Satellites Containing * * *'' with NASA or DOD as the potential
LFA.
Comment 21. Section II.C. Radiological Sabotage and Terrorism on
page 46089 states that, ``Sabotage and terrorism are not treated as
separate types of emergencies; rather, they are considered a
complicating dimension of the types listed in Table II-1.'' Sabotage
and terrorism in our State is a real possibility. There are miles and
miles of roads that transport nuclear weapons for dismantling at our
Hawthorne Facility. I think that the threat is not a routine
radiological incident that becomes complicated. It is planned and
carried out with due care. It cannot be treated as a complicating
dimension. These incidents are not widely occurring, however, with the
situation overseas nothing is for sure. I think you should reconsider
the Federal stand on this. [Office of Emergency Management--Department
of Motor Vehicles and Public Safety (Nevada)]
Response--The comment is correct in that radiological sabotage and
terrorism are not routine radiological incidents that become
complicated. The intent of the discussion was to indicate that the
emergency can involve any of the types of emergencies listed and the
response is complicated because the LFA must coordinate radiological
response activities with the FBI's law enforcement response activities.
The additional coordination results in a more complicated response,
which the Committee feels is adequately discussed.
Comment 22. The second paragraph of Section II.C. Radiological
Sabotage and Terrorism should be clarified to state that although the
duties of the FBI are to investigate and/or handle the immediate threat
they are not relieved from the responsibility to protect additional
facilities or material not immediately affected by an act of sabotage
or terrorism. [DOE]
Response--The purpose of the FRERP is to describe overall
coordination mechanisms. It need not describe all of the duties of each
agency. The FBI is satisfied that the FRERP discussion is appropriate.
Additional information on distribution of response duties can be found
in MOUs between the FBI and each LFA.
Comment 23. Section II.D. Response Functions and Responsibilities
on page 46089 does not identify which Federal resources have a
capability to mitigate a release, only monitor and assess. A section
should address the agency's responsibility to mitigate a release to
prevent further loss of life or severe effects to the public. [DOE]
Response--The Committee disagreed with the need to make mitigating
statements in that all Federal and civil agencies responsible for
radiological events take every step to mitigate a release.
Comment 24. Section II.D.1. Onscene Coordination on page 46089
states that the LFA will coordinate with ``onscene'' actions and
oversee ``onsite'' response, but that DOE has the initial
responsibility for coordinating Federal monitoring and assessment
activities. Again, does a request for DOE assistance have to be made
through NRC for a power plant accident? [Department of Nuclear Safety
(Illinois)]
Response--The answer is No. However, as stated in the response to
Comment 16 the preferred route for requesting assistance is through the
designated LFA identified in Section II.B. Determination of Lead
Federal Agency (LFA) on page 46088. Although a call to any of the
Federal agencies that participate in this plan will result in obtaining
the necessary assistance, a call to the LFA first will get quicker
results because, for the situation described in the comment, the NRC
will probably already be in contact with DOE and have it standing by to
provide assistance.
Comment 25. The third paragraph of Section II.D.1. Onscene
Coordination should be revised to read ``* * * (DOI)

[[Page 20948]]

will provide liaison between the LFA and Indian tribal governments
except in cases where existing agreements permit direct communication *
* *.'' [NRC--Office of Nuclear Materials Safety and Safeguards]
Response--The Committee agrees and has revised the first sentence
to read, ``In the absence of existing agreements for radiological
emergencies occurring on or with possible consequences to Indian tribal
land, DOI will provide liaison between Federally recognized Indian
tribal governments and LFA, State, and local agencies for coordination
of response and protective action efforts.''
Comment 26. The last sentence in the second paragraph of Section
II.D.3. Radiological Monitoring and Assessment on page 46090 implies
that the affected State does not have the lead response role in the
event of the activation of additional Federal resources. It is
recommended that the last sentence be revised to read, ``States should
be encouraged to allow the FRMAC to collocate with their radiological
assessment activities.'' [Virginia Power]
Response--The second paragraph of Section II.A. Introduction on
page 46088 states, ``The concept of operations recognizes the
preeminent role of State and local governments for determining and
implementing any measures to protect life, property, and the
environment in areas not under the control of a Federal agency.'' As
stated in the response to Comment 15 this applies to all aspects of a
Federal response to State and local requests for assistance in
responding to a radiological emergency. The purpose of the last
sentence in the second paragraph of Section II.D.3. Radiological
Monitoring and Assessment on page 46090 was to recommend that Federal
and State/local assets be collocated in order to maximize the
efficiency of the response and to better protect public health and
safety and environmental quality. It may be overwhelming for a FRMAC
with a working environment for 200 people to collocate with State
radiological assessment activities. However, in order to address the
comment the sentence has been reworded to read, ``Federal Government
and States are encouraged to collocate their radiological assessment
activities at this center.''
Comment 27. Section II.D.3.a.(1) Initial Response Coordination
Responsibility on page 46090 states DOE will ``maintain a common set of
all offsite radiological monitoring data * * * and ensure the technical
integrity of the data.'' The language should be clarified to indicate
the responsibility refers to all offsite data gathered by DOE and other
Federal agencies. There is no practical way DOE can ensure the
technical integrity of data gathered by States or utilities unless DOE
sets the standards for all radiological monitoring prior to
implementation of the FRERP. Such would not be a workable situation.
Likewise, the following section (d) should clarify that DOE will
provide interpretations, etc., based on its own data or that of other
Federal agencies. [Department of Nuclear Safety (Illinois)]
Response--The Committee agrees with the recommendation to reword
this sentence to indicate that this requirement applies only to data
gathered by the FRMAC and this change has been made to the plan.
However, the Committee disagrees with the recommendation to limit the
interpretation of monitoring data by the FRMAC only to the data
obtained by Federal agencies. FRMAC staff will be used to evaluate any
available monitoring data that becomes available to them during the
course of the emergency. Likewise, State and local staff should be free
to use any and all data that they have available regardless of whether
it comes from State or Federal sources.
Comment 28. Section II.D.3.a.(2) Transition of Response
Coordination Responsibility on page 46090 implies that EPA will assume
responsibility for coordination only if the other Federal agencies will
provide resources, personnel, and money for the long-term duration. EPA
should identify a mechanism for controlling the costs associated with
these resources. If EPA does not have the equipment, personnel, and
money to follow up and coordinate the response, then why would any
agency commit to an open checkbook with the past record that has been
demonstrated. These agencies should be able to track and have input to
the costs incurred. [DOE]
Response--As Section I.D.6. Reimbursement on page 46087 states,
``The cost of each Federal agency's participation in support of the
FRERP is the responsibility of that agency, * * *'' The Committee feels
that this issue was clearly stated as written and that the mechanisms
for tracking response costs is an internal process specific to each
agency and therefore is best handled on an agency-specific basis.
Comment 29. Section II.D.3.c. Role of the Lead Federal Agency (LFA)
on page 46090 should allow for the release of official information to
the local governments also impacted or involved in the event and not
just to the State agency, particularly if the local agency asked for
the assistance. It should provide a mechanism to allow for official
release of information to the local governments in an expedient manner.
[DOE]
Response--The Committee agrees with this recommendation and
reworded the sentence to read ``Approve the release of official Federal
offsite monitoring data and assessments.'' This will allow the release
of approved material to all affected parties as quickly as possible.
Comment 30. Section II.D.3.c. Role of the Lead Federal Agency (LFA)
on page 46090 states, ``Approve the release of official Federal offsite
monitoring data and assessments to the State.'' In our DOE exercise,
this approval was so long in the making that the exercise came to a
complete standstill and information flow was not generated until after
the exercise. Again, you practice what you will do in an actual
emergency. Why does the Lead Federal Agency need to approve information
released to the State? Once something is released into the environment
it is no longer classified. In order for the State to respond to the
incident, we must have information to assist us in the necessary
response. Any delay in that information flow could be lethal to the
general public as well as to the environment. Information for the
general public may have to be screened so as not to panic the private
citizens, but information for the responders needs to be timely and
complete. If the Lead Federal Agency is screening information for
security purposes, they must remember to forward this confirmed
information immediately to the states. [Nevada]
Response--The Committee agrees that the timely release of accurate
information is very important. The Lead Federal Agency is responsible
for clearing information to ensure that the State and local responders
receive accurate and timely information. It is the intent of the FRMAC
and other Federal response centers to release information as soon as
the correctness of the information is verified.
Comment 31. Section II.D.3.d.(1) USDA on page 46090 should clarify
that in each case USDA will assist the affected States, in monitoring,
collecting samples, etc. These activities should not be carried out
independently by Federal agencies. [Department of Nuclear Safety
(Illinois)]
Response--As stated in the response to Comment 15, the role of the
Federal agencies is to support the State and local governments response
to the emergency. Section II.D.3 states that Federal offsite monitoring
and assessment activities will be

[[Page 20949]]

coordinated with those of the State and that Federal procedures for
implementing this monitoring are designed to be compatible with the
requirements of the State.
Comment 32. The second sentence in Section II.D.4. Protective
Action Recommendations on page 46091 should be changed to read as
follows: ``This includes emergency actions such as sheltering,
evacuation, and guidance on the use of radioactive substances (e.g.,
thyroid blocking agents).'' The reason for this change is that iodine,
itself, is not given as a prophylactic agent; typically, it is
administered as potassium iodide. [Westinghouse Electric Corporation]
Response--The Committee agrees with this recommendation and
reworded the sentence to address this comment by inserting the word
``stable'' before ``iodine.''
Comment 33. The third sentence in Section II.D.4.b. Role of the
Advisory Team for Environment, Food, and Health on page 46091 states,
``The Advisory Team will not release information to the public * * *''
should make clear that the Team releases no information to the public
without authorization from the LFA after consultation with the affected
States. As currently worded, it could be interpreted that the Team
could be authorized to release information by some agency other than
the LFA. [Department of Nuclear Safety (Illinois)]
Response--The Committee believes that the wording is appropriate as
written. The Advisory Team is prohibited from releasing any information
to the public without the express permission of the LFA. Even if the
Advisory Team receives permission to release information/
recommendations from a Federal agency that has jurisdiction in a
specific area it cannot release the information/recommendations until
the LFA has also approved its release.
Comment 34. Section II.D.4.b. Role of the Advisory Team for
Environment, Food, and Health on page 46091 should be modified to
reflect that re-entry is part of the mitigation efforts as determined
by the incident commander and command staff, which is comprised of the
agencies directly involved. Non-emergency re-entry is part of the
recovery planning process and should be addressed under that planning.
Please clarify this section to state this is for emergency re-entry or
non-emergency re-entry. [DOE]
Response--The LFA will assist the State and local authorities
(including the incident commander), if requested, by advising them on
such issues as reentry to perform mitigation activities. The Advisory
Team agencies have expertise and experience to assist the LFA in
developing the advice. The paragraph was intended to list the areas of
expertise of the Advisory Team. It does not imply that the Advisory
Team will perform those functions.
Comment 35. Section II.D.4.b. Role of the Advisory Team for
Environment, Food, and Health on page 46091 states that the Advisory
Team will select a ``chairman.'' This should be changed to read ``chair
or chairperson or team leader'' in accordance with Government
guidelines. [NASA]
Response--The Committee agrees and replaced ``chairman'' with
``chair.''
Comment 36. The first sentence in Section II.D.4.b. Role of the
Advisory Team for Environment, Food, and Health on page 46091 should be
changed to read as follows: ``The Advisory Team is established by
representatives from EPA, HHS, USDA, and other Federal agencies as
needed for the provision of interagency coordinated advice to the LFA
concerning environmental, food and health matters.'' The deletion of
LFA from the list of representatives makes the wording consistent with
Section II.D.4.b. and Appendix B--Definitions. [Westinghouse Electric
Corporation]
Response--The FRERP establishes the concept of the Advisory Team.
The current wording was carefully written to assure that the Advisory
Team is available to the LFA when the LFA needs advice. The Advisory
Team is not established by EPA, HHS, and USDA, but is always available
to support the LFA.
Comment 37. In Section II.D.4.b. Role of the Advisory Team for
Environment, Food, and Health on page 46091 the wording of (6) should
be changed to read as follows: ``(6) Recommendations for minimizing
losses of agricultural resources from the effects of radioactive
contamination.'' The effects of the accident on agricultural resources
will be from the radioactive contamination on or in the food that could
result in unacceptable internal exposure from eating the food. The
health effects would not result from the exposure of the food to
radiation, which would have no effect. [Westinghouse Electric
Corporation]
Response--The Committee felt the present wording was appropriate
and no change was necessary.
Comment 38. Section II.D.5.b. Role of Other Federal Agencies on
page 46091 should be revised by adding a statement that the types of
available support listed here supplements the roles/responsibilities of
these agencies which are outlined in the Federal Response Plan. [FEMA--
Region VII]
Response--The types of available support listed in this section are
intended to describe the many non-radiological activities that FEMA
will coordinate. In fact, there may be other activities not listed here
that FEMA will also coordinate. FEMA will provide guidance on how it
will accomplish that coordination in supporting documents.
Comment 39. The lead paragraph in II.D.5.b. Role of Other Federal
Agencies on page 46091 contains the statement, ``The following types of
assistance not related to radiological monitoring and assessment that
may be provided by Federal agencies as needed or requested.'' However,
under the departmental listing are the following direct references
related to radiological monitoring and assessment activities:
(1) USDA, item (e),
(2) DOC, ``loaning radiation shielding materials'' for what
purpose?
(3) DOD, advice on proper medical treatment of personnel exposed to
or contaminated by radioactive materials,
(4) DOE, advice on medical treatment of personnel exposed to or
contaminated by radioactive materials,
(5) HHS, (c) study of exposed populations, (d) medical advice, (e)
assessing health impacts.
These are all areas of legitimate Federal activity, but they should
be listed among the direct radiological monitoring and assessment
responsibilities of these agencies, not under the non-technical support
roles. [Department of Nuclear Safety (Illinois)]
Response--The Committee understands the confusion and reworded the
sentence to read, ``The following indicates other types of assistance
that may be provided by Federal agencies as needed or requested:''
Comment 40. Sections II.D.5.b.(1) Department of Agriculture on page
46091 and paragraph A.2.(14) in Appendix C on page 46101 state
temporary housing is a responsibility of the Department of Agriculture
(USDA). Is that true? [FEMA--Region VII]
Response--USDA is a potential source of temporary housing
resources. Through its farm loan programs the USDA typically has a
number of repossessed properties that may be available for use as
temporary housing in emergency situations. Although housing is not the
primary responsibility of USDA, it does have resources that could be
beneficial and should be factored into Federal response assets.
Comment 41. Section II.D.5.b.(7) Department of Interior (DOI) on
page

[[Page 20950]]

46092 should include DOI's responsibility concerning Indian lands.
[FEMA-Region VII]
Response--The Committee revised this section to include Indian
tribal lands.
Comment 42. The second paragraph of Section II.D.6. Public
Information Coordination on page 46092 should clarify that if it is
deemed necessary to release Federal information regarding public health
and safety prior to establishment of a Federal presence at the JIC, any
such release must be coordinated through the LFA and the States before
it is made. States, in compliance with NUREG-0654 for fixed nuclear
facilities, already have in place a mechanism for coordinated
dissemination of public information during an emergency. Any attempt by
the Federal Government to release information outside of this mechanism
has the potential for causing confusion for State authorities and the
public. [Department of Nuclear Safety (Illinois)]
Response--The Committee agrees with the comment and has revised the
sentence in that paragraph to read, ``In these instances, Federal
agencies will coordinate with the LFA and the State in advance or as
soon as possible after the information has been released.''
Comment 43. Section II.D.7.b. White House Coordination on page
46093 states that FEMA submits information concerning the non-technical
response to the Lead Federal Agency for inclusion in the reports to the
White House. Does this eliminate the requirement for FEMA SITREP
reporting (from the DFO and/or Regional Operations Centers) under the
FRERP? [FEMA--Region VII]
Response--No, this section does not apply to the generation of
reports under other response plans. In those situations in which the
FRP and FRERP are both being used the Radiological Emergencies Annex to
the FRP, which is under development, should be consulted to determine
the appropriate mechanism for developing White House reports and
briefings.
Comment 44. The wording in II.E.1.a.(3) and on page 46093 is
duplicated in E.2.a. (1) and (2). Delete E.1.a. (3) and (4). [Yankee
Atomic Electric Company]
Response--The Committee recognizes that this was indeed a
duplication, but that it was appropriate to keep as written.
Comment 45. Step (4) of Section II.E.1.a. Role of the Lead Federal
Agency on page 46094 under requires the LFA to ``Verify that the State
has been notified.'' That verification step by the LFA is not reflected
in Figure II-1. Notification Process. The figure indicates that only
FEMA is required to verify State and local notification. [Department of
Nuclear Safety (Illinois)]
Response--The Committee agrees and Figure II-1 has been changed as
appropriate.
Comment 46. Figure II-1, Notification Process, on page 46095 should
not reflect that the Lead Federal Agency must notify the State and
local response organizations. The State and local response
organizations are notified by the onsite organization, which may be the
Lead Federal Agency. The verification is specified to be performed by
FEMA. This diagram indicates duplication of activities that could be
resolved by the clarification recommended above. [Yankee Atomic
Electric Company]
Response--It is true that for fixed facilities, the onsite
organization notifies the State and local response organizations. The
FRERP also covers transportation accidents and unknown source
emergencies. In these cases, the LFA may be the first to receive direct
notification from local police or a member of the public. Anyone at any
level of government or private industry or any member of the general
public may call and request Federal assistance under the FRERP. In
fact, there have been numerous situations in which the EPA, as the LFA,
has received notification from private individuals and organizations
about potential radiological emergency situations. In each of these
cases, EPA's first action is to inform the individual or organization
to call the appropriate State or local agency. EPA then also calls the
State or local agency to ensure that they are notified of the
situation. The current wording assures that the State and local
organizations are notified under all potential emergencies.
Comment 47. Section II.E.2. Activation and Deployment on page 46096
has FEMA, as well as the LFA, and other Federal agencies initially
coordinating response actions from ``their headquarters locations,
usually from their respective headquarters EOCs.'' Under the Regional
Response Plan, coordination would be from the Regional Operations
Center, which would be activated by the Regional Director, and staffed
with ESF Departments and Agencies at the Regional level. [FEMA--Region
II]
Response--The FRERP statement is true for many of the LFAs in the
early phase of a Federal response even if this response is little more
than to receive the first notification and notify the affected region.
In fact, one LFA does not have regions. No changes were made because
the majority of LFAs respond this way even for a short time.
Comment 48. Section II.E.2.a. Role of Lead Federal Agency (LFA) on
page 46096 should be revised by adding words that indicate that the
Federal Onscene Commander will be the Senior Agency Official for this
mishap/accident. [NASA]
Response--The use of the term Federal Onscene Commander was chosen
to indicate that the FRERP is consistent with the Incident Command
System that is used by most State and local organizations. The concept
and duties of an OSC are understood by State and local organizations.
It is the intent of the FRERP that agencies adopt the FRERP terminology
as much as possible in order to standardize the Federal response.
Comment 49. Section II.E.2.b. Role of the Federal Emergency
Management Agency (FEMA) on page 46096 has FEMA deploying ERT-A,
although there is still no mention of the Regional Office, and
establishing a DFO, although there is no mention of a Stafford Act
Declaration in this regard. [FEMA--Region II]
Response--The Committee understands the concerns expressed by the
comment and is deleting the deployment of the ERT-A and establishment
of the DFO from this section.
Comment 50. Section II.E.3. Response Operations on page 46096
should be revised by adding a statement to indicate that, during the
initial stages of response (i.e., first 48 to 72 hours), FEMA and other
appropriate non-technical Federal agencies will coordinate their
response from the Joint Operations Center. This will contribute to more
effective coordination, between the Lead Federal Agency and FEMA, of
on-site and off-site activities, including public information concerns
during the critical stages of an incident. [FEMA--Region VII]
Response--The FRERP was written to take advantage of systems
already in place. Although the Joint Operations Center is a new term in
the FRERP, these facilities have long been identified for LFA emergency
response. They cannot always accommodate all response activities. Some
are not owned by or under the control of the LFA. Some are located on
protected property that could pose logistical problems for access and
use. FEMA also has a system in place to fulfill its non-radiological
functions. It was determined that it would be efficient to maintain
those systems and share information with the extensive use of liaisons.
Participating

[[Page 20951]]

agencies should exercise with liaisons to develop those coordination
skills.
Comment 51. Section II.E.3. Response Operations on page 46096 has
FEMA and OFA liaison and support of response operations coming out of
their headquarters offices, with exchange of liaisons at EOCs to
support onscene operations. They may ``also activate a regional or
field office EOC in support of the emergency.'' This may be entirely
appropriate for the FRERP, but has little to do with the FRP. [FEMA--
Region II]
Response--Section II.E.3 was written in broad terms so that
existing agency plans could be used without major changes. The terms
``will generally'' and ``may also activate'' allow flexibility to adopt
the FRERP as each agency deems appropriate.
Comment 52. Section II.E.3. Response Operations on page 46096
should use correct outline form. [USDA]
a.
(1)
(a)
etc.
Response--The Committee agrees that the correct format should be
used and the plan was reviewed to ensure that the appropriate format
was followed.
Comment 53. Section II.E.3. Response Operations, b. Disaster Field
Office (DFO) on page 46098 states that a Disaster Field Office will be
established by FEMA, ``in coordination with the State and local
authorities and other Federal Agencies.'' Again, there is no mention of
a declaration in regard to establishing a DFO. Furthermore, the
description of the DFO's coordinating function does not mention the
ESF-based operation envisaged under the FRP. Is it the intention of
this plan to establish a DFO for the FRERP in the absence of a
declaration? How does this provision relate to the activation ``of a
regional or field office EOC in support of the emergency'' described on
above? [FEMA--Region II]
Response--FEMA will use the structures of the FRP to provide the
appropriate level and type of resources needed to support its role
under the FRERP and to meet the requirements of the situation.
Initially, FEMA will implement its monitoring and coordination
functions from a ROC, State EOC or other facility. A DFO will be
established in conjunction with an emergency or disaster declared and
the appointment of a Federal Coordinating Officer.
Comment 54. Section II.E.3.b. Disaster Field Office (DFO) on page
46098 states that the Senior FEMA Official (SFO) is the official in
charge of the DFO without a Stafford Act Declaration. However, with a
Stafford Act Declaration, the Federal Coordinating Officer (FCO) is the
designated authority. This paragraph should be clarified accordingly.
[FEMA--Region VII]
Response--The comment is correct. The Senior FEMA Official is in
charge of the coordination function without a Stafford Act declaration
and the FCO is in charge of this function from a DFO with a Stafford
Act declaration.
Comment 55. The section heading II.E.3.d. Advisory Team on
Environment, Food, and Health on page 46098 should be Change to: ``d.
Advisory Team for Environment, Food, and Health.'' [USDA]
Response--The Committee accepted the recommendation and made
necessary changes.
Comment 56. The first sentence in Section II.E.3. Response
Operations, d. Advisory Team on Environment, Food, and Health on page
46098 should be revised by deleting the term ``LFA'' (not on the team,
supported by the team). [USDA]
Response--The Committee accepted this recommendation and made the
change.
Comment 57. The first paragraph of Section II.E.4. Response
Deactivation on page 46098 states, ``Each agency will discontinue
emergency response operations when advised that Federal assistance is
no longer required or when its statutory responsibilities have been
fulfilled.'' The language is vague and subjective. It should be
clarified to state who makes the determination and on what basis. It is
suggested that agencies discontinue emergency response operation after
determining in consultation with the State(s) that initially requested
support, that Federal assistance is no longer required. Sections b.,
c., d., and e. all provide criteria for discontinuance of specific
functions and facilities, while Section a. does not. [Department of
Nuclear Safety (Illinois)]
Response--The Committee believes that the criteria in paragraphs b.
through e. provide adequate discussion of the criteria for the
termination of Federal responses at those facilities. Paragraph a. is
applicable to paragraphs b. through e.
Comment 58. In Section II.E.5. Recovery on page 46098 should EPA be
listed along with the State as being responsible for planning the
recovery of the affected area? [USDA]
Response--No, the EPA's philosophy is that they will support State
and local governments, if and when requested, during environmental
restoration activities.
Comment 59. Appendix A--Acronyms on page 46099 should contain all
the acronyms used in the plan (e.g., GIS). [NASA]
Response--The Committee agrees with this comment and will review
the plan to ensure that all acronyms are listed in Appendix A.
Comment 60. In Appendix B--Definitions the definition for
``onsite'' on page 460100 may not be adequate. The definition of
``onsite'' given in the FRERP, which is based on jurisdiction, is
somewhat different than the definition typically used when considering
packaging of radioactive waste for the Department of Energy, which is
based on ``access control.'' An example of where a jurisdiction-based
definition may not be adequate: If a site does not have Access Control
Boundaries (e.g., physical barriers or security guards), then the area
does not qualify as ``onsite'' relative to being exempt from DOE
packaging regulations. [Westinghouse Electric Corporation]
Response--The Committee believes the current definition of
``onsite'' in the FRERP is appropriate for its intended use under this
plan and that no change was necessary.
Comment 61. In Appendix B--Definitions the definition of Protective
Action Guide (PAG) on page 46100 should cite applicable EPA and FDA
references for PAGs. [FEMA-Region VII]
Response--The definition of Protective Action Guide (PAG) is not
limited to EPA and FDA PAGs but acknowledges State PAGs may exist.
Comment 62. The second sentence in Section A.1. Summary of Response
Mission in Appendix C on page 46100 should be changed to read: ``USDA
will actively participate with EPA and HHS on the Advisory Team * * *,
when convened.'' [USDA]
Response--The Committee agrees with this recommendation and made
the change.
Comment 63. The fourth reference listed in Section D.3. DOE
References of Appendix C on page 46102 should be changed to read as
follows: ``(4) DOE Order 5500.4A, Public Affairs Policy and Planning
Requirements for Emergencies, June 1992 which supersedes the cited
reference.'' [Westinghouse Electric Corporation]
Response--The Committee agreed with this recommendation and made
the change.
Comment 64. The first sentence of Section J.2. Capabilities and
Resources in Appendix C on page 46104 should be revised to read: ``DOT
is responsible for working with the International Atomic Energy Agency
* * *'' [USDA]

[[Page 20952]]

Response--The Committee agreed with this recommendation and made
the change.
Comment 65. Revise reference 1 in Section O.3. NASA References in
Appendix C on page 46106 to read ``(1) KHB 1860.1B.'' [NASA]
Response--The Committee agreed with this recommendation and made
the change.
Comment 66. Revise the second authority in Section O.4. NASA
Specific Authorities in Appendix C on page 46106 read: ``(2) NHB
1700.1(V1-B) NASA Safety Policy and Requirements Document.'' [NASA]
Response--The Committee agreed with this recommendation and made
the change.
Comment 67. Pursuant to 44 CFR Part 350, State and local
jurisdictions that fall within the emergency planning zones of
commercial nuclear facilities are required to develop and maintain
comprehensive radiological emergency response capabilities. These
capabilities are required to be demonstrated during Federally evaluated
exercises to provide continued reasonable assurance of the health and
safety of the public. Typically, this capability is demonstrated
without full regard to the Federal resources that would be provided by
the activation of the FRERP. To assist in the prevention of potential
coordination difficulties at the State level, it is recommended that
FEMA be given the responsibility to provide personnel to simulate the
involvement of the various Federal agencies. Another alternative would
be to establish measures for supporting a smooth integration of Federal
resources. This could include the evaluation and demonstration of the
interactions between FRERP, State, local, and other involved agencies.
It is recommended that the FRERP be revised to address the issuance
of emergency public information related to an emergency at a fixed
nuclear site. Emergency public information provided by any Federal
agency should be either limited to the coordinated issuance of
information through the Joint Information Center or restricted to
information not associated with response actions, emergency conditions
at the facility, or pertaining to protective action recommendations, or
their bases, in any way. Without this control of emergency information,
the flow of coordinated and consistent information to the public could
be easily compromised. [Virginia Power]
Response--Federal agencies are encouraged to participate in
exercises to the extent they are able in order to test coordination
functions. It would not be helpful to an agency if FEMA acted for them
in exercises. State and Federal agencies should cooperate in planning
exercises that test coordination activities.
The Committee understands the concern about the uncoordinated
release of public information during a radiological emergency. It also
believes that the Section II.D.6. Public Information Coordination on
page 46092 adequately states how the Federal agencies will address this
issue. Moreover, LFAs are expected to develop supporting documents that
provide details on how they intend to implement their public
information coordination responsibilities described in the FRERP.
Comment 68. Section II.E.3. Response Operations, which begins on
page 46096 should be revised to clarify how data will be transferred
between the FRMAC, JIC, DFO, and EOF and whether or not these
facilities will be colocated or located in different areas. [Department
of HealthNebraska]
Response--The FRERP is a plan that is designed to provide the basic
framework for coordinating the Federal response to a radiological
emergency. It is not a detailed operating procedure. The location of
these facilities is dependent upon many factorsthe nature of accident,
the geographical location of affected areas, the type and amount of
radionuclide(s) released, the availability of appropriate facilities,
etc. Because of this large number of factors it is impossible to tell
beforehand how these facilities will be positioned. FRMAC operations
documents provide details for transferring data among emergency
response facilities when authorized by the State and the LFA.
Comment 69. Only the Governor or Director of Radiological Health
can activate the FRERP on behalf of the State of Mississippi. This
limit on activation authority should be retained. The ability of a
newly elected Civil Defense Director to activate the FRERP could create
unnecessary confusion. [Department of Health--Mississippi]
Response--It is not the intent of the FRERP to restrict who may
request Federal assistance in responding to a radiological emergency.
If the State of Mississippi wishes to place a limitation on who among
its professional staff can request Federal assistance that is their
prerogative. However, the signatory agencies to the FRERP will always
respond to requests for assistance from any level of State or local
government or private industry.
The FRERP is not a plan that is activated by some specific action,
request, or criteria having been met. The FRERP is intended to be used
whenever any signatory Federal agency responds to a radiological
emergency no matter what size. This assures that notification,
coordination, sharing information, and reporting activities are not
overlooked in any response.
Comment 70. The NRC contributes very little to the offsite
management of an accident at a commercial nuclear power plant. Although
they have given themselves the lead role as spokesperson in the JIC,
they do not drill with the State. Therefore they should not come in
during an actual event and take over the management of the media.
[Department of HealthMississippi]
Response--It is not the intent of the FRERP to have the NRC or any
other LFA to manage the JIC or the media. Rather, the LFA is expected
to coordinate the Federal public information at the JIC. This activity
is coordinated with the State representatives to ensure that the public
has the latest and most accurate information.
Comment 71. Who takes over the radiological monitoring and
assessment activities under the FRERP if DOE is dissolved? Will this
activity go away or will the functions be transferred to another
agency? [Department of Health--Mississippi]
Response--The FRERP was written based on the current structures and
functions of the various agencies and departments that are signatories
to the plan. If any of these agencies should be dissolved the remaining
agencies will review the situation and address any deficiencies that
may result. If the changes are severe enough the plan may be revised.
Comment 72. Recent experiences with radiological incidents in
Michigan have led to confusion and problematic jurisdictional issues
arising from implementation of the revised FRERP. For example, the
Michigan Department of Public Health was forced to make a determination
on the radiological consequences of a contaminated rail car because the
EPA and NRC regional offices felt they had no authority to make a
determination based on their understanding of the FRERP. Also, during a
bomb-scare incident involving radioactive material (thorium) the NRC
claimed they had no responsibility pursuant to the FRERP and that EPA
was the Lead Federal Agency. It is unclear whether EPA is properly
prepared to provide such assistance, both from a resource perspective
and a regulatory jurisdiction perspective for emergencies involving AEA
materials for which no licensee has been

[[Page 20953]]

identified. Although Michigan supports the FRERP concept and welcomes
the availability of Federal resources for responding to radiological
emergencies, we are very concerned that implementation of the current
FRERP may be premature, resulting in unnecessary confusion and
inefficient management of actions necessary for adequate public health
protection. [Department of Public Health--Michigan]
Response--The Committee understands the concerns expressed.
However, we believe that most of these concerns represent ``growing
pains'' as the various Federal agencies adapt to their new roles and
responsibilities. The Committee strongly believes that the revised
FRERP will result in providing improved Federal support to State and
local governments.
Comment 73. The definition of emergency in the FRERP appears to
include any situation that may result in substantial damage to or loss
of property. The key qualifier in the definition being the word
``substantial'' which is extremely subjective and imparts a vague
context to the entire FRERP. It is now unclear whether the FRERP is, or
is intended to be, a new Federal mechanism to address radiologically
contaminated sites vis a vis the NRC's Site Decommissioning Management
Plan, DOE's Formerly Utilized Sites Remedial Action Program, or EPA's
National Priorities List under Superfund. [Department of Health--
Michigan]
Response--The definition of emergency was written to be vague in
order to provide flexibility to the Federal Government in responding to
State and local requests for assistance. Because the level of expertise
and available resources varies significantly from one State to another,
what might be substantial to one State might not be substantial to
another. Also, who would determine what is substantialthe State or the
Federal Government. By leaving the definition vague the affected State
and local governments and the Federal Government can work together to
develop the appropriate level of response based on the specific
characteristics of the emergency at hand. With regard to using the
FRERP to address radiologically contaminated sitesthat is not its
purpose. Generally speaking these sites do not present an imminent
danger to the health and safety of the general public and therefore do
not qualify as emergencies, even though the cost to clean them up may
be significant. Therefore, the cleanup of contaminated land should be
accomplished in accordance with other mechanisms.
Comment 74. The comments received by FEMA on the proposed revisions
to the FRERP should be shared with all parties that may be directly
affected by the implementation of the FRERP. [Department of Public
Health--Michigan]
Response--The Committee agrees with this comment. All of the
significant comments received by FEMA, along with the Federal response,
will be published with the final FRERP as soon as it is approved.

Dated: May 1, 1996.
James L. Witt,
Director.

Accordingly, the Federal Emergency Management Agency gives notice
that the Federal Radiological Emergency Response Plan is operational.
The text of the Plan reads as follows.

Table of Contents

Table of Contents
List of Figures
List of Tables
Statements of Consideration
I. Introduction and Background
A. Introduction
B. Participating Federal Agencies
C. Scope
D. Plan Considerations
1. Public and Private Sector Response
2. Coordination by Federal Agencies
3. Federal Agency Authorities
4. Federal Agency Resource Commitments
5. Requests for Federal Assistance
6. Reimbursement
E. Training and Exercises
F. Relationship to the Federal Response Plan (FRP)
1. Without a Stafford Act Declaration
2. With a Stafford Act Declaration
G. Authorities
II. Concept of Operations
A. Introduction
B. Determination of Lead Federal Agency (LFA)
1. Nuclear Facility
a. Licensed by Nuclear Regulatory Commission (NRC) or an
Agreement State
b. Owned or Operated by DOD or DOE
c. Not Licensed, Owned, or Operated by a Federal Agency or an
Agreement State
2. Transportation of Radioactive Materials
a. Shipment of Materials Licensed by NRC or an Agreement State
b. Materials Shipped by or for DOD or DOE
c. Shipment of Materials Not Licensed or Owned by a Federal
Agency or an Agreement State
3. Satellites Containing Radioactive Materials
4. Impact from Foreign or Unknown Source
5. Other Types of Emergencies
C. Radiological Sabotage and Terrorism
D. Response Functions and Responsibilities
1. Onscene Coordination
2. Onsite Management
3. Radiological Monitoring and Assessment
a. Role of Department of Energy (DOE)
b. Role of the Environmental Protection Agency (EPA)
c. Role of the Lead Federal Agency (LFA)
d. Role of Other Federal Agencies
4. Protective Action Recommendations
a. Role of the Lead Federal Agency (LFA)
b. Role of the Advisory Team for Environment, Food, and Health
5. Other Federal Resource Support
a. Role of the Federal Emergency Management Agency (FEMA)
b. Role of Other Federal Agencies
6. Public Information Coordination
a. Role of the Lead Federal Agency (LFA)
b. Role of the Federal Emergency Management Agency (FEMA)
c. Role of Other Participating Agencies
7. Congressional and White House Coordination
a. Congressional Coordination
b. White House Coordination
8. International Coordination
9. Response Function Overview
E. Stages of the Federal Response
1. Notification
a. Role of the Lead Federal Agency (LFA)
b. Role of the Federal Emergency Management Agency (FEMA)
2. Activation and Deployment
a. Role of the Lead Federal Agency (LFA)
b. Role of Federal Emergency Management Agency (FEMA)
c. Role of Other Federal Agencies
3. Response Operations
a. Joint Operations Center (JOC)
b. Disaster Field Office (DFO)
c. Federal Radiological Monitoring and Assessment Center (FRMAC)
d. Advisory Team for Environment, Food and Health
e. Joint Information Center (JIC)
4. Response Deactivation
5. Recovery
Appendix A Acronyms
Appendix B Definitions
Appendix C Federal Agency Response Missions, Capabilities and
Resources, References, and Authorities
List of Figures
II-1 Notification Process
II-2 Onscene Response Operations Structure
List of Tables
II-1 Identification of Lead Federal Agency for Radiological
Emergencies
II-2 Response Function Overview

I. Introduction and Background

A. Introduction

The objective of the Federal Radiological Emergency Response Plan
(FRERP) is to establish an organized and integrated capability for
timely, coordinated response by Federal agencies to peacetime
radiological emergencies.
The FRERP:
1. Provides the Federal Government's concept of operations based on
specific authorities for responding to radiological emergencies;
2. Outlines Federal policies and planning considerations on which
the

[[Page 20954]]

concept of operations of this Plan and Federal agency specific response
plans are based; and
3. Specifies authorities and responsibilities of each Federal
agency that may have a significant role in such emergencies.
There are two Sections in this Plan. Section I contains background,
considerations, and scope. Section II describes the concept of
operations for response.

B. Participating Federal Agencies

Each participating agency has responsibilities and/or capabilities
that pertain to various types of radiological emergencies. The
following Federal agencies participate in the FRERP:

1. Department of Agriculture (USDA);
2. Department of Commerce (DOC);
3. Department of Defense (DOD);
4. Department of Energy (DOE);
5. Department of Health and Human Services (HHS);
6. Department of Housing and Urban Development (HUD);
7. Department of the Interior (DOI);
8. Department of Justice (DOJ);
9. Department of State (DOS);
10. Department of Transportation (DOT);
11. Department of Veterans Affairs (VA);
12. Environmental Protection Agency (EPA);
13. Federal Emergency Management Agency (FEMA);
14. General Services Administration (GSA);
15. National Aeronautics and Space Administration (NASA);
16. National Communications System (NCS); and
17. Nuclear Regulatory Commission (NRC).

C. Scope

The FRERP covers any peacetime radiological emergency that has
actual, potential, or perceived radiological consequences within the
United States, its Territories, possessions, or territorial waters and
that could require a response by the Federal Government. The level of
the Federal response to a specific emergency will be based on the type
and/or amount of radioactive material involved, the location of the
emergency, the impact on or the potential for impact on the public and
environment, and the size of the affected area. Emergencies occurring
at fixed nuclear facilities or during the transportation of radioactive
materials, including nuclear weapons, fall within the scope of the Plan
regardless of whether the facility or radioactive materials are
publicly or privately owned, Federally regulated, regulated by an
Agreement State, or not regulated at all. (Under the Atomic Energy Act
of 1954 [Subsection 274.b.], the NRC has relinquished to certain States
its regulatory authority for licensing the use of source, byproduct,
and small quantities of special nuclear material.)

D. Plan Considerations

1. Public and Private Sector Response. For an emergency at a fixed
nuclear facility or a facility not under the control of a Federal
agency, State and local governments have primary responsibility for
determining and implementing measures to protect life, property, and
the environment in areas outside the facility boundaries. The owner or
operator of a nuclear facility has primary responsibility for actions
within the boundaries of that facility, for providing notification and
advice to offsite officials, and for minimizing the radiological hazard
to the public.
For emergencies involving an area under Federal control, the
responsibility for onsite actions belongs to a Federal agency, while
offsite actions are the responsibility of the State or local
government.
For all other emergencies, the State or local government has the
responsibility for taking emergency actions both onsite and offsite,
with support provided, upon request, by Federal agencies as designated
in Section II of this plan.
2. Coordination by Federal Agencies. This Plan describes how the
Federal response to a radiological emergency will be organized. It
includes guidelines for notification of Federal agencies and States,
coordination and leadership of Federal response activities onscene, and
coordination of Federal public information activities and Congressional
relations by Federal agencies. The Plan suggests ways in which the
State, local, and Federal agencies can most effectively integrate their
actions. The degree to which the Federal response is merged or to which
activities are adjusted will be based upon the requirements and
priorities set by the State.
Appropriate independent emergency actions may be taken by the
participating Federal agencies within the limits of their own statutory
authority to protect the public, minimize immediate hazards, and gather
information about the emergency that might be lost by delay.
3. Federal Agency Authorities. Some Federal agencies have authority
to respond to certain situations affecting public health and safety
with or without a State request. Appendix C of this Plan cites relevant
legislative and executive authorities. This Plan does not create any
new authorities nor change any existing ones.
A response to radiological emergencies on or affecting Federal
lands not occupied by a government agency should be coordinated with
the agency responsible for managing that land to ensure that response
activities are consistent with Federal statutes governing the use and
occupancy of these lands. This coordination is necessary in the case of
Indian tribal lands because Federally recognized Indian tribes have a
special relationship with the U.S. Government, and the State and local
governments may have limited or no authority on their reservations.
In the event of an offsite radiological accident involving a
nuclear weapon, special nuclear material, classified components, or all
three, the owner (either DOD, DOE, or NASA) will declare a National
Defense Area (NDA) or National Security Area (NSA), respectively, and
this area will become ``onsite'' for the purposes of this plan. NDAs
and NSAs are established to safeguard classified information, and/or
restricted data, or equipment and material. Establishment of these
areas places non-Federal lands under Federal control and results only
from an emergency event. It is possible that radioactive contamination
would extend beyond the boundaries of these areas.
In accordance with appropriate national security classification
directives, information may be classified concerning nuclear weapons,
special nuclear materials at reactors, and certain fuel cycle
facilities producing military fuel.
4. Federal Agency Resource Commitments. Agencies committing
resources under this Plan do so with the understanding that the
duration of the commitment will depend on the nature and extent of the
emergency and the State and local resources available. Should another
emergency occur that is more serious or of higher priority (such as one
that may jeopardize national security), Federal agencies will reassess
resources committed under this Plan.
5. Requests for Federal Assistance. State and local government
requests for assistance, as well as those from owners and operators of
radiological facilities or activities, may be made directly to the
Federal agencies listed in Table II-1, FEMA, or to other Federal
agencies with whom they have preexisting arrangements or relationships.
6. Reimbursement. The cost of each Federal agency's participation
in support of the FRERP is the responsibility of that agency, unless
other agreements or reimbursement mechanisms exist. GSA will be

[[Page 20955]]

reimbursed for supplies and services provided under this Plan in
accordance with prior interagency agreements.

E. Training and Exercises

Federal agencies, in conjunction with State and local governments,
will periodically exercise the FRERP. Each agency will coordinate its
exercises with the Federal Radiological Preparedness Coordinating
Committee's (FRPCC's) Subcommittee on Federal Response to avoid
duplication and to invite participation by other Federal agencies.
Federal agencies will assist other Federal agencies and State and
local governments with planning and training activities designed to
improve response capabilities. Each agency should coordinate its
training programs with the FRPCC's Subcommittee on Training to avoid
duplication and to make its training available to other agencies.

F. Relationship to the Federal Response Plan (FRP)

1. Without a Stafford Act Declaration. Federal agencies will
respond to radiological emergencies using the FRERP, each agency in
accordance with existing statutory authorities and funding resources.
The LFA has responsibility for coordination of the overall Federal
response to the emergency. FEMA is responsible for coordinating non-
radiological support using the structure of the Federal Response Plan
(FRP).
2. With a Stafford Act Declaration. When a major disaster or
emergency is declared under the Stafford Act and an associated
radiological emergency exists, the functions and responsibilities of
the FRERP remain the same. The LFA coordinates the management of the
radiological response with the Federal Coordinating Officer (FCO).
Although the direction of the radiological response remains the same
with the LFA, the FCO has the overall responsibility for the
coordination of Federal assistance in support of State and local
governments using the FRP.

G. Authorities

The following authorities are the basis for the development of this
Plan:
1. Nuclear Regulatory Commission Authorization, Public Law 96-295,
June 30, 1980, Section 304. This authorization requires the President
to prepare and publish a ``National Contingency Plan'' (subsequently
renamed the FRERP) to provide for expeditious, efficient, and
coordinated action by appropriate Federal agencies to protect the
public health and safety in case of accidents at commercial nuclear
power plants.
2. Executive Order (E.O.) 12241, National Contingency Plan,
September 29, 1980. This E.O. delegates to the Director of FEMA the
responsibility for publishing the National Contingency Plan (i.e., the
FRERP) for accidents at nuclear power facilities and requires that it
be published from time to time in the Federal Register. Executive Order
12241 has been amended by Executive Order 12657, FEMA Assistance in
Emergency Preparedness Planning at Commercial Nuclear Power Plants.
Authorities for the activities of individual Federal agencies
appear in Appendix C.

II. Concept of Operations

A. Introduction

The concept of operations for a response provides for the
designation of one agency as the Lead Federal Agency (LFA) and for the
establishment of onscene, interagency response centers. The FRERP
describes both the responsibilities of the LFA and other Federal
agencies that may be involved and the functions of each of the onscene
centers.
The concept of operations recognizes the preeminent role of State
and local governments for determining and implementing any measures to
protect life, property, and the environment in areas not under the
control of a Federal agency.

B. Determination of Lead Federal Agency (LFA)

The agency that is responsible for leading and coordinating all
aspects of the Federal response is referred to as the LFA and is
determined by the type of emergency. In situations where a Federal
agency owns, authorizes, regulates, or is otherwise deemed responsible
for the facility or radiological activity causing the emergency and has
authority to conduct and manage Federal actions onsite, that agency
normally will be the LFA.
The following identifies the LFA for each specified type of
radiological emergency.
1. Nuclear Facility--a. Licensed by Nuclear Regulatory Commission
(NRC) or an Agreement State. The NRC is the LFA for an emergency that
occurs at a fixed facility or regarding an activity licensed by the NRC
or an Agreement State. These include, but are not limited to,
commercial nuclear power reactors, fuel cycle facilities, DOE-owned
gaseous diffusion facilities that are operating under NRC regulatory
oversight, and radiopharmaceutical manufacturers.
b. Owned or Operated by DOD or DOE. The LFA is either DOD or DOE,
depending on which agency owns or authorizes operation of the facility.
These emergencies may involve reactor operations, nuclear material and
weapons production, radioactive material from nuclear weapons, or other
radiological activities.
c. Not Licensed, Owned, or Operated by a Federal Agency or an
Agreement State. The EPA is the LFA for an emergency that occurs at a
facility not licensed, owned, or operated by a Federal agency or an
Agreement State. These include facilities that possess, handle, store,
or process radium or accelerator-produced radioactive materials.
2. Transportation of Radioactive Materials--a. Shipment of
Materials Licensed by NRC or an Agreement State. The NRC is the LFA for
an emergency that involves radiological material licensed by the NRC or
an Agreement State.
b. Materials Shipped by or for DOD or DOE. The LFA is either DOD or
DOE depending on which of these agencies has custody of the material at
the time of the accident.
c. Shipment of Materials Not Licensed or Owned by a Federal Agency
or an Agreement State. The EPA is the LFA for an emergency that
involves radiological material not licensed or owned by a Federal
agency or an Agreement State.
3. Satellites Containing Radioactive Materials. NASA is the LFA for
NASA spacecraft missions. DOD is the LFA for DOD spacecraft missions.
DOE and EPA provide technical assistance to DOD and NASA.
In the event of an emergency involving a joint U.S. Government and
foreign government spacecraft venture containing radioactive sources
and/or classified components, the LFA will be DOD or NASA, as
appropriate. A joint U.S./foreign venture is defined as an activity in
which the U.S. Government has an ongoing interest in the successful
completion of the mission and is intimately involved in mission
operations. A joint venture is not created by simply selling or
supplying material to a foreign country for use in their spacecraft.
DOE and EPA will provide technical support and assistance to the LFA.
4. Impact from Foreign or Unknown Source. The EPA is the LFA for an
emergency that involves radioactive material from a foreign or unknown
source that has actual, potential, or perceived radiological
consequences in the United States, its Territories, possessions, or
territorial waters. The foreign or unknown source may be a reactor
(e.g., Chernobyl), a spacecraft

[[Page 20956]]

containing radioactive material, radioactive fallout from atmospheric
testing of nuclear devices, imported radioactively contaminated
material, or a shipment of foreign-owned radioactive material. Unknown
sources of radioactive material refers to that material whose origin
and/or radiological nature is not yet established. These types of
sources include contaminated scrap metal or abandoned radioactive
material. DOD, DOE, NASA, and NRC provide technical assistance to EPA.
5. Other Types of Emergencies. In the event of an unforeseen type
of emergency not specifically described in this Plan or a situation
where conditions exist involving overlapping responsibility that could
cause confusion regarding LFA role and responsibilities, DOD, DOE, EPA,
NASA, and NRC will confer upon receipt of notification of the emergency
to determine which agency is the LFA.

Table II-1.--Identification of Lead Federal Agency for Radiological
Emergencies
------------------------------------------------------------------------
Type of emergency Lead Federal agency
------------------------------------------------------------------------
1. Nuclear Facility:
a. Licensed by NRC or an Agreement NRC.
State.
b. Owned or Operated by DOD or DOE..... DOD or DOE.
c. Not Licensed, Owned, or Operated by EPA.
a Federal Agency or an Agreement State.
2. Transportation of Radioactive
Materials:
a. Shipment of Materials Licensed by NRC.
NRC or an Agreement State.
b. Materials Shipped by or for DOD or DOD or DOE.
DOE.
c. Shipment of Materials Not Licensed EPA.
or Owned by a Federal Agency or an
Agreement State.
3. Satellites Containing Radioactive NASA or DOD.
Materials.
4. Impact from Foreign or Unknown Source. EPA.
5. Other Types of Emergencies............ LFAs confer.
------------------------------------------------------------------------

C. Radiological Sabotage and Terrorism

For fixed facilities and materials in transit, responses to
radiological emergencies generally do not depend on the initiating
event. The coordinated response to contain or mitigate a threatened or
actual release of radioactive material would be essentially the same
whether it resulted from an accidental or deliberate act. For
malevolent acts involving improvised nuclear or radiation dispersal
devices, the response is further complicated by the magnitude of the
threat and the need for specialized technical expertise/actions.
Therefore, sabotage and terrorism are not treated as separate types of
emergencies; rather, they are considered a complicating dimension of
the types listed in Table II-1.
The Atomic Energy Act directs the Federal Bureau of Investigation
(FBI) to investigate all alleged or suspected criminal violations of
the Act. Additionally, the FBI is legally responsible for locating any
nuclear weapon, device, or material and for restoring nuclear
facilities to their rightful custodians. In view of its unique
responsibilities under the Atomic Energy Act (amended by the Energy
Reorganization Act), the FBI has concluded formal agreements with the
LFAs that provide for interface, coordination, and technical assistance
in support of the FBI's mission.
Generally, for fixed facilities and materials in transit, the
designated LFA and supporting agencies will perform the functions
delineated in this plan and provide technical support and assistance to
the FBI in the performance of its mission. It would be difficult to
outline all the possible scenarios arising from criminal or terrorist
activity. As a result, the Federal response will be tailored to the
specific circumstances of the event at hand. For those emergencies
where an LFA is not specifically designated (e.g., improvised nuclear
device), the Federal response will be guided by the established
interagency agreements and contingency plans. In accordance with these
agreements and plans, the signatory agency(ies) supporting the FBI will
coordinate and manage the technical portion of the response and
activate/request assistance under the FRERP for measures to protect the
public health and safety. In all cases, the FBI will manage and direct
the law enforcement and intelligence aspects of the response;
coordinating activities with appropriate Federal, State, and local
agencies within the framework of the FRERP and/or as provided for in
established interagency agreements or plans.

D. Response Functions and Responsibilities

1. Onscene Coordination. The LFA will lead and coordinate all
Federal onscene actions and assist State and local governments in
determining measures to protect life, property, and the environment.
The LFA will ensure that FEMA and other Federal agencies assist the
State and local government agencies in implementing protective actions,
if requested by the State and local government agencies.
The LFA will coordinate Federal response activities from an onscene
location, referred to as the Joint Operations Center (JOC). Until the
LFA has established its base of operations in a JOC, the LFA will
accomplish that coordination from another LFA facility, usually a
Headquarters operations center.
In the absence of existing agreements for radiological emergencies
occurring on or with possible consequences to Indian tribal lands, DOI
will provide liaison between federally recognized Indian tribal
governments and LFA, State, and local agencies for coordination of
response and protective action efforts. Additionally, DOI will advise
and assist the LFA on economic, social, and political matters in the
United States insular areas should a radiological emergency occur.
2. Onsite Management. The LFA will oversee the onsite response;
monitor and support owner or operator activities (when there is an
owner or operator); provide technical support to the owner or operator,
if requested; and serve as the principal Federal source of information
about onsite conditions. The LFA will provide a hazard assessment of
onsite conditions that might have significant offsite impact and ensure
onsite measures are taken to mitigate offsite consequences.
3. Radiological Monitoring and Assessment. DOE has the initial
responsibility for coordinating the offsite Federal radiological
monitoring and assessment assistance during the response to a
radiological emergency. In a prolonged response, EPA will assume the
responsibility for coordinating the assistance at some mutually
agreeable time, usually after the emergency phase.
Some of the participating Federal agencies may have radiological
planning and emergency responsibilities as part of their statutory
authority, as well as established working relationships with State
counterpart agencies. The monitoring and assessment activity,
coordinated by DOE, does not alter those responsibilities but
complements them by providing for coordination of the initial Federal
radiological monitoring and assessment response activity.
Activities will:
Support the monitoring and assessment programs of the
States;
Respond to the assessment needs of the LFA; and
Meet statutory responsibilities of participating Federal
agencies.
Federal offsite monitoring and assessment activities will be

[[Page 20957]]

coordinated with those of the State. Federal agency plans and
procedures for implementing this monitoring and assessment activity are
designed to be compatible with the radiological emergency planning
requirements for State, local governments, specific facilities, and
existing memoranda of understanding and interagency agreements.
DOE may respond to a State or LFA request for assistance by
dispatching a Radiological Assistance Program (RAP) team. If the
situation requires more assistance than a RAP team can provide, DOE
will alert or activate additional resources. These resources may
include the establishment of a Federal Radiological Monitoring and
Assessment Center (FRMAC) to be used as an onscene coordination center
for Federal radiological assessment activities. Federal and State
agencies are encouraged to collocate their radiological assessment
activities.
Federal radiological monitoring and assessment activities will be
activated as a component of an FRERP response or pursuant to a direct
request from State or local governments, other Federal agencies,
licensees for radiological materials, industries, or the general public
after evaluating the magnitude of the problem and coordinating with the
State(s) involved.
DOE and other participating Federal agencies may learn of an
emergency when they are alerted to a possible problem or receive a
request for radiological assistance. DOE will maintain national and
regional coordination offices as points of access to Federal
radiological emergency assistance. Requests for Federal radiological
monitoring and assessment assistance will generally be directed to the
appropriate DOE radiological assistance Regional Coordinating Office.
Requests also can go directly to DOE's Emergency Operations Center
(EOC) in Washington, DC. When other agencies receive requests for
Federal radiological monitoring and assessment assistance, they will
promptly notify the DOE EOC.
a. Role of Department of Energy (DOE)--(1) Initial Response
Coordination Responsibility. DOE, as coordinator, has the following
responsibilities:
(a) Coordinate Federal offsite radiological environmental
monitoring and assessment activities;
(b) Maintain technical liaison with State and local agencies with
monitoring and assessment responsibilities;
(c) Maintain a common set of all offsite radiological monitoring
data, in an accountable, secure, and retrievable form, and ensure the
technical integrity of the FRMAC data;
(d) Provide monitoring data and interpretations, including exposure
rate contours, dose projections, and any other requested radiological
assessments, to the LFA, and to the States;
(e) Provide, in cooperation with other Federal agencies, the
personnel and equipment needed to perform radiological monitoring and
assessment activities;
(f) Request supplemental assistance and technical support from
other Federal agencies as needed; and
(g) Arrange consultation and support services through appropriate
Federal agencies to all other entities (e.g., private contractors) with
radiological monitoring functions and capabilities, and technical and
medical advice on handling radiological contamination and population
monitoring.
(2) Transition of Response Coordination Responsibility. The DOE
FRMAC Director will work closely with the Senior EPA representative to
facilitate a smooth transition of the Federal radiological monitoring
and assessment coordination responsibility to EPA at a mutually
agreeable time and after consultation with the States and LFA. The
following conditions are intended to be met prior to this transfer:
(a) The immediate emergency condition has been stabilized;
(b) Offsite releases of radioactive material have ceased, and there
is little or no potential for further unintentional offsite releases;
(c) The offsite radiological conditions have been characterized and
the immediate consequences have been assessed;
(d) An initial long-range monitoring plan has been developed in
conjunction with the affected States and appropriate Federal agencies;
and
(e) EPA has received adequate assurances from the other Federal
agencies that they will commit the required resources, personnel, and
funds for the duration of the Federal response.
b. Role of the Environmental Protection Agency (EPA)--Prior to
assuming responsibility for the FRMAC, EPA will:
(1) Provide resources, including personnel, equipment, and
laboratory support (including mobile laboratories), to assist DOE in
monitoring radioactivity levels in the environment;
(2) Assume coordination of Federal radiological monitoring and
assessment responsibilities from DOE after the transition;
(3) Assist in the development and implementation of a long-term
monitoring plan; and
(4) Provide nationwide environmental monitoring data from the
Environmental Radiation Ambient Monitoring Systems for assessing the
national impact of the accident.
c. Role of the Lead Federal Agency (LFA)--(1) Ensure that State's
needs are addressed.
(2) Approve the release of official Federal offsite monitoring data
and assessments.
(3) Provide other available radiological monitoring data to the
State and to the FRMAC.
d. Role of Other Federal Agencies--Agencies carrying out
responsibilities related to radiological monitoring and assessment
during a Federal response also will coordinate their activities with
FRMAC. This coordination will not limit the normal working relationship
between a Federal agency and its State counterparts nor restrict the
flow of information from that agency to the States. The radiological
monitoring and assessment responsibilities of the other Federal
agencies include:
(1) Department of Agriculture (USDA)
(a) Inspect meat and meat products, poultry and poultry products,
and egg products identified for interstate and foreign commerce to
assure that they are safe for human consumption.
(b) Assist, in conjunction with HHS, in monitoring the production,
processing, storage, and distribution of food through the wholesale
level to eliminate contaminated product or to reduce the contamination
in the product to a safe level.
(c) Collect agricultural samples within the Ingestion Exposure
Pathway Emergency Planning Zone. Assist in the evaluation and
assessment of data to determine the impact of the emergency on
agriculture.
(2) Department of Commerce (DOC)
(a) Prepare operational weather forecasts tailored to support
emergency response activities.
(b) Prepare and disseminate predictions of plume trajectories,
dispersion, and deposition.
(c) Archive, as a special collection, the meteorological data from
national observing systems applicable to the monitoring and assessment
of the response.
(d) Ensure that marine fishery products available to the public are
not contaminated.
(e) Provide assistance and reference material for calibrating
radiological instruments.
(3) Department of Defense (DOD)
(a) Provide radiological resources to include trained response
personnel,

[[Page 20958]]

specialized radiation instruments, mobile instrument calibration,
repair capabilities, and expertise in site restoration.
(b) Perform special sampling of airborne contamination on request.
(4) Department of Health and Human Services (HHS)
(a) In conjunction with USDA, inspect production, processing,
storage, and distribution facilities for human food and animal feeds,
which may be used in interstate commerce, to assure protection of the
public health.
(b) Collect samples of agricultural products to monitor and assess
the extent of contamination as a basis for recommending or implementing
protective actions.
(5) Department of the Interior (DOI)
(a) Provide hydrologic advice and assistance, including monitoring
personnel, equipment, and laboratory support.
(b) Advise and assist in evaluating processes affecting
radioisotopes in soils, including personnel, equipment, and laboratory
support.
(c) Advise and assist in the development of geographical
information systems (GIS) databases to be used in the analysis and
assessment of contaminated areas including personnel, equipment, and
databases.
(6) Nuclear Regulatory Commission (NRC)
(a) Provide assistance in Federal radiological monitoring and
assessment activities during incidents.
(b) Provide, where available, continuous measurement of ambient
radiation levels around NRC licensed facilities, primarily power
reactors using thermoluminescent dosimeters (TLD).
4. Protective Action Recommendations. Federal protective action
recommendations provide advice to State and local governments on
measures that they should take to avoid or reduce exposure of the
public to radiation from a release of radioactive material. This
includes advice on emergency actions such as sheltering, evacuation,
and prophylactic use of stable iodine. It also includes longer term
measures to avoid or minimize exposure to residual radiation or
exposure through the ingestion pathway such as restriction of food,
temporary relocation, and permanent resettlement.
a. Role of the Lead Federal Agency (LFA). The LFA will assist State
and local authorities, if requested, by advising them on protective
actions for the public. The development or evaluation of protective
action recommendations will be based upon the Protective Action Guides
(PAGs) issued by EPA and HHS. In providing such advice, the LFA will
use advice from other Federal agencies with technical expertise on
those matters whenever possible. The LFA's responsibilities for the
development, evaluation, and presentation of protective action
recommendations are to:
(1) Respond to requests from State and local governments for
technical information and assistance;
(2) Consult with representatives from EPA, HHS, USDA, and other
Federal agencies as needed to provide advice to the LFA on protective
actions;
(3) Review all recommendations made by other Federal agencies
exercising statutory authorities related to protective actions to
ensure consistency;
(4) Prepare a coordinated Federal position on protective action
recommendations whenever time permits; and
(5) Present the Federal assessment of protective action
recommendations, in conjunction with FEMA and other Federal agencies
when practical, to State or other offsite authorities.
b. Role of the Advisory Team for Environment, Food, and Health.
Advice on environment, food, and health matters will be provided to the
LFA through the Advisory Team for Environment, Food, and Health
(Advisory Team) consisting of representatives of EPA, HHS, and USDA
supported by other Federal agencies, as warranted by the circumstances
of the emergency. The Advisory Team provides direct support to the LFA
and has no independent authority. The Advisory Team will not release
information or make recommendations to the public unless authorized to
do so by the LFA. The Advisory Team will select a chair for the Team.
The Advisory Team will normally collocate with the FRMAC.
For emergencies with potential for causing widespread radiological
contamination where no onscene FRMAC is established, the functions of
the Advisory Team may be accomplished in the LFA response facility in
Washington, DC.
The primary role of the Advisory Team is to provide a mechanism for
timely, interagency coordination of advice to the LFA, States, and
other Federal agencies concerning matters related to the following
areas:
(1) Environmental assessments (field monitoring) required for
developing recommendations;
(2) PAGs and their application to the emergency;
(3) Protective action recommendations using data and assessment
from the FRMAC;
(4) Protective actions to prevent or minimize contamination of
milk, food, and water and to prevent or minimize exposure through
ingestion;
(5) Recommendations regarding the disposition of contaminated
livestock and poultry;
(6) Recommendations for minimizing losses of agricultural resources
from radiation effects;
(7) Availability of food, animal feed, and water supply inspection
programs to assure wholesomeness;
(8) Relocation, reentry, and other radiation protection measures
prior to recovery;
(9) Recommendations for recovery, return, and cleanup issues;
(10) Health and safety advice or information for the public and for
workers;
(11) Estimate effects of radioactive releases on human health and
environment;
(12) Guidance on the use of radioprotective substances (e.g.,
thyroid blocking agents), including dosage and projected radiation
doses that warrant the use of such drugs; and
(13) Other matters, as requested by the LFA.
5. Other Federal Resource Support. FEMA will coordinate the
provision of non-radiological (i.e., not related to radiological
monitoring and assessment) Federal resources and assistance to affected
State and local governments. The Federal non-radiological resource and
assistance coordination function will be performed at the Disaster
Field Office (DFO) (or other appropriate location established by FEMA).
a. Role of the Federal Emergency Management Agency (FEMA)--(1)
Monitor the status of the Federal response to requests for non-
radiological assistance from the affected States and provide this
information to the States.
(2) Keep the LFA informed of requests for assistance from the State
and the status of the Federal response.
(3) Identify and inform Federal agencies of actual or apparent
omissions, redundancies, or conflicts in response activity.
(4) Establish and maintain a source of integrated, coordinated
information about the status of all non-radiological resource support
activities.
(5) Provide other non-radiological support to Federal agencies
responding to the emergency.
b. Role of Other Federal Agencies. In order to properly coordinate
activities, Federal agencies responding to requests for non-
radiological support or directly providing such support under statutory
authorities will provide liaison personnel to the DFO. The following

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indicates types of assistance that may be provided by Federal agencies
as needed or requested:
(1) Department of Agriculture (USDA)--(a) Provide emergency food
coupon assistance in officially designated disaster areas, if a need is
determined by officials and if the commercial food system is sufficient
to accommodate the use of food coupons.
(b) Provide for placement of USDA donated food supplies from
warehouses, local schools, and other outlets to emergency care centers.
These are foods donated to various outlets through USDA food programs.
(c) Provide lists that identify locations of alternate sources of
food and livestock feed.
(d) Assist in providing temporary housing for evacuees.
(e) Assess damage to crops, soil, livestock, poultry, and
processing facilities; and incorporate findings in a damage assessment
report.
(f) Provide emergency communications assistance to the agricultural
community through the State Research, Education, and Extension
Services' electronic mail system.
(2) Department of Commerce (DOC)--Provide radiation shielding
materials.
(3) Department of Defense (DOD)--DOD may provide assistance in the
form of personnel, logistics and telecommunications, advice on proper
medical treatment of personnel exposed to or contaminated by
radioactive materials, and assistance, including airlift services, when
available, upon the request of the LFA or FEMA. Requests for assistance
must be directed to the National Military Command Center or through
channels established by prior agreements.
(4) Department of Energy (DOE)--Provide advice on proper medical
treatment of personnel exposed to or contaminated by radioactive
materials.
(5) Department of Health and Human Services (HHS)--(a) Ensure the
availability of health and medical care and other human services
(especially for the aged, poor, infirm, blind, and others most in
need).
(b) Assist in providing crisis counseling to victims in affected
geographic areas.
(c) Provide guidance to State and local health officials on disease
control measures and epidemiological surveillance and study of exposed
populations.
(d) Provide advice on proper medical treatment of personnel exposed
to or contaminated by radioactive materials.
(e) Provide advice and guidance in assessing the impact of the
effects of radiological incidents on the health of persons in the
affected area.
(6) Department of Housing and Urban Development (HUD)--(a) Review
and report on available housing for disaster victims and displaced
persons.
(b) Assist in planning for and placing homeless victims in
available housing.
(c) Provide staff to support emergency housing within available
resources.
(d) Provide housing assistance and advisory personnel.
(7) Department of the Interior (DOI)--Advise and assist in
assessing impacts to economic, social, and political issues relating to
natural resources, including fish and wildlife, subsistence uses,
public lands, Indian Tribal lands, land reclamation, mining, minerals,
and water resources.
(8) Department of Transportation (DOT)--(a) Support State and local
governments by identifying sources of civil transportation on request
and when consistent with statutory responsibilities.
(b) Coordinate the Federal civil transportation response in support
of emergency transportation plans and actions with State and local
governments. (This may include provision of Federally controlled
transportation assets and the controlling of airspace or transportation
routes to protect commercial transportation and to facilitate the
movement of response resources to the scene.)
(c) Provide Regional Emergency Transportation Coordinators and
staff to assist State and local authorities in planning and response.
(d) Provide technical advice and assistance on the transportation
of radiological materials and the impact of the incident on the
transportation system.
(9) Department of Veterans Affairs (VA)--(a) Provide medical
assistance using Medical Emergency Radiological Response Teams
(MERRTs).
(b) Provide temporary housing.
(10) General Services Administration (GSA)--(a) Provide acquisition
and procurement of floor space, telecommunications and automated data
processing services, supplies, services, transportation, computers,
contracting, equipment, and material; as well as specified logistical
services that exceed the capabilities of other Federal agencies.
(b) Activate the Regional Emergency Communications Planner (RECP)
and a Federal Emergency Communications Coordinator (FECC). RECP will
provide technical support and accept guidance from the FEMA Regional
Director during the pre-deployment phase of a telecommunications
emergency.
(c) Upon request, will dispatch the FECC to the scene to expedite
the provision of the telecommunications services.
(11) National Communications System (NCS)--Acting through its
operational element, the National Coordinating Center for
Telecommunications (NCC), the NCS will ensure the provision of adequate
telecommunications support to Federal FRERP operations.
6. Public Information Coordination. Public information coordination
is most effective when the owner/operator, Federal, State, local, and
other relevant information sources participate jointly. The primary
location for linking these sources is the Joint Information Center
(JIC).
Prior to the establishment of Federal operations at the JIC, it may
be necessary to release Federal information regarding public health and
safety. In these instances, Federal agencies will coordinate with the
LFA and the State in advance or as soon as possible after the
information has been released.
This coordination will accomplish the following: compile
information about the status of the emergency, response actions, and
instructions for the affected population; coordinate all information
from various sources with the other Federal, State, local, and non-
governmental response organizations; allow various sources to work
cooperatively, yet maintain their independence in disseminating
information; disseminate timely, consistent, and accurate information
to the public and the news media; and establish coordinated
arrangements for dealing with citizen inquiries.
a. Role of the Lead Federal Agency (LFA). The LFA is responsible
for information on the status of the overall Federal response, specific
LFA response activities, and the status of onsite conditions.
The LFA will:
(1) Develop joint information procedures for providing Federal
information to and for obtaining information from all Federal agencies
participating in the response;
(2) Work with the owner/operator and State and local government
information officers to develop timely coordinated public information
releases;
(3) Inform the media that the JIC is the primary source of onscene
public information and news from facility, local, State, and Federal
spokespersons;
(4) Establish and manage Federal public information operations at
the JIC; and

[[Page 20960]]

(5) Coordinate Federal public information among the various media
centers.
b. Role of the Federal Emergency Management Agency (FEMA). FEMA
will assist the LFA in coordinating non-radiological information among
Federal agencies and with the State. When mutually agreeable, FEMA may
assume responsibility from the LFA for coordinating Federal public
information. Should this occur, it will usually be after the onsite
situation has been stabilized and recovery efforts have begun.
c. Role of Other Participating Agencies. All Federal agencies with
an operational response role under the FRERP will coordinate public
information activities at the JIC. Each Federal agency will provide
information on the status of its response and on technical information.
7. Congressional and White House Coordination. a. Congressional
Coordination. Federal agencies will coordinate their responses to
Congressional requests for information with the LFA. Points of contact
for this function are the Congressional Liaison Officers. All Federal
agency Congressional Liaison Officers and Congressional staffs seeking
site-specific information about the emergency should contact the LFA
headquarters Congressional Affairs Office. Congress may request
information directly from any Federal agency. Any agency responding to
such requests should inform the LFA as soon as feasible.
b. White House Coordination. The LFA will report to the President
and keep the White House informed on all aspects of the emergency. The
White House may request information directly from any Federal agency.
Any agency responding to such requests should inform the LFA as soon as
feasible. The LFA will submit reports to the White House. The initial
report should cover, if possible, the nature of and prognosis for the
radiological situation causing the emergency and the actual or
potential offsite radiological impact. Subsequent reports by the LFA
should cover the status of mitigation, corrective actions, protective
measures, and overall Federal response to the emergency. Federal
agencies should provide information related to the technical and
radiological aspects of the response directly to the LFA. FEMA will
compile information related to the non-radiological resource support
aspects of the response and submit to the LFA for inclusion in the
report(s).
8. International Coordination. In the event of an environmental
impact or potential impact upon the United States, its possessions,
Territories, or territorial waters from a radiological emergency
originating on foreign soil or, conversely, a domestic incident with an
actual or potential foreign impact, the LFA will immediately inform DOS
(which has responsibility for official interactions with foreign
governments). The LFA will keep DOS informed of all Federal response
activities. The DOS will coordinate notification and information
gathering activities with foreign governments, except in cases where
existing bilateral agreements permit direct communication. Where the
LFA has existing bilateral agreements that permit direct exchange of
information, those agencies should keep DOS informed of consultations
with their foreign counterparts. Agency officials should take care that
consultations do not exceed the scope of the relevant agreement(s). The
LFA will ensure that any offers of assistance to or requests from
foreign governments are coordinated with DOS.
9. Response Function Overview. Table II-2 provides an overview of
the responsible Federal agencies for major response functions.

Table II-2.--Response Function Overview
------------------------------------------------------------------------
Response action Responsible agency
------------------------------------------------------------------------
(1) Maintain cognizance of the Federal LFA.
response; conduct and manage Federal
onsite actions.
(2) Coordinate Federal offsite radiological
monitoring and assessment:
--Initial Response..................... DOE.
--Intermediate and Long-Term Response.. EPA.
(3) Develop and evaluate recommendations LFA, in coordination with
for offsite protective actions for the other agencies.
public.
(4) Present recommendations for offsite LFA, in conjunction with
protective actions to the appropriate FEMA and other Federal
State and/or local officials. agencies when practical.
(5) Coordinate Federal offsite non- FEMA.
radiological resource support.
(6) Coordinate release of Federal LFA; FEMA after mutual
information to the public. agreement.
(7) Coordinate release of Federal LFA.
information to Congress.
(8) Provide reports to the President and LFA.
keep the White House informed on all
aspects of the emergency.
(9) Coordinate international aspects and DOS; LFA as appropriate.
make required international notifications.
(10) Coordinate the law enforcement aspects DOJ/FBI.
of a criminal act involving radioactive
material.
------------------------------------------------------------------------

E. Stages of the Federal Response

The Federal response is divided into five stages: Notification,
Activation and Deployment, Response Operations, Response Deactivation,
and Recovery.
1. Notification. The owner or operator of the facility or
radiological activity is generally the first to become aware of a
radiological emergency and is responsible for notifying the State and
local authorities and the LFA. The notification should include:
Location and nature of the accident,
An assessment of the severity of the problem,
Potential and actual offsite consequences, and
Initial response actions.
If any Federal agency receives notification from any source other
than FEMA or the LFA, the agency will notify the LFA. See Figure II-1
for the notification process.
a. Role of the Lead Federal Agency (LFA)--(1) Verify accuracy of
notification

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A96-11313. Public record. Not legal advice.