ML070160277
| ML070160277 | |
| Person / Time | |
|---|---|
| Issue date: | 04/09/1991 |
| From: | Harold Denton Office of Public Affairs |
| To: | Commissioners NRC/OCM |
| Schneider K | |
| References | |
| SECY-91-093 | |
| Download: ML070160277 (34) | |
Text
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Ii ~*~:j I
I A4K ADJUDICATORY ISSUE April 9, 1991 For:
From:
Subject:
Pur os e:
Sumiwrv:
Discussion:
CONTACTS:
Carlton Kammerer, SP 49-2C-21 (Affirmation)
SECY-91-O.9-3 The Commissioners Harold R. Denton, Director Office of Governmental and Public Affairs REASSERTION OF REGULATORY AUTHORITY IN THE STATE OF IDAHO To obtain Commission approval of a proposed Commission Order and Federal Register notice on reassertion of regulatory aut-o-rity in Idaho.
By letter dated M*arch 25, 1991, Governor Andrus of Idaho advised the Commission of his decision to return Idaho's Section 274b. Agreement to the NRC.
This request has been made following the inability of the State to adequately fund the program at a level sufficient to meet NRC guidelines for adequacy to protect public health arnd safety and compatibility with the NRC program.
In order to accept return of the Idaho program, as requested by the Governor, and to effect reassertion of NRC authority, Section 274j.
of the Atomic Energy Act, as amended (the Act), requires a finding that it is necessary for the Commissicr, to terminate the Agreement relinquishing NRC authority over radioactive materials subject to the Agreement and to reassert NRC licensing and regulatory authority over these materials in order to protect the public health and safety.
Idaho became an Agreement State on October 1, 1968.
After Agreement State status was achieved, the State provided adequate budgeting support for the Agreement program for many years.
On November 9, 1982, Idaho NOTE:
TO BE MADE PUBLICLY AVAILABLE WHEN THE FINAL SRM IS MADE I/GPA AVAILABLE Vandy L. Miller, SP/GPA 49-2C326
2 returned to the NRC authority to regulate byproduct materials as defined by Section 11e.(2) of the Atomic Energy Act, as amended (uraniummill tailings)(47 FR 50779).
At the time, there were no active uranium mills in Idaho and there was one "Title I" (Department of Energy) site, located at Lowman, Idaho.
Remediation of this site was the responsibility of the Department of Energy.
A staffing problem emerged in 1987 shortly following the NRC routine review of the State's program when two State health physicists left the program.
Carlton Kammerer, Director, State Programs, briefly discussed the situation with Governor Andrus during a meeting of the Naticnal Governors' Association in 1988.
Although the State's program met the NRC guidelines for adequacy and compatibility at the time of the review, the NRC comment letter to the State following the review expressed concern over the staff turnover.
In July 1989, the State's program was reviewed and while determined to meet the NRC guidelines for adequacy and compatibility at the time of the review, again a staff resignation occurred shortly after the review.
This resignation was one of the two 1987 filled positions.
In 1990, NRC performed a review visit to Idaho and found that an inspection backlog had developed and that the State had not taken steps to fill a vacant position or otherwise augment the program.
State Programs (SP) notified the Director of the Department of Health and Welfare of the seriousness of cur review visit findings by letter dated July 23, 1990.
Region IV has closely monitored the status of the program.
The Office of Governmental and Public Affairs (GPA) has been in contact with Departmental representatives, staff of the Governor's office and with the State legislature concerning State plans for the program. provides details on the State's staffing of the program.
The State examined three options for the program:
(1) fund the program out of general revenues, (2) establish a fee system or (3) request termination of the Agreement and NRC's reassertion of its authority in Idaho.
NRC staff provided the State with information on current NRC fees and other Agreement State funding mechanisms.
Idaho is one of four Agreement States that does not use fees as a fundirc source for the Agreement program.
NRC staff
3 also informally provided preliminary information on Commission plans to propose rule changes to increase license and inspections fees for materials licensees and to charge an annual fee for materials licensees.
This information was provided to assure that the State has all of the necessary information to make an informed decision on the future of the program.
The information was provided with the understanding that until the NRC Federal Register notice was published this informatioBnw-anot ye available to the public. is a chronology of the contacts between the NIRC and the State on this matter.
By letter dated March 25, 1991, Governor Andrus advised the Commission of his decision to return Idaho's Section 274b. Agreement Program to NRC (Attachment 3).
Idaho administers about 1330 specific licenses.
Two are broad scope academic licenses.
The remaining licensees are a normal mix of medical, industrial radiography, gauge users, etc.
There are no nuclear pharmacies, low level waste (LLW) brokers, large manufacturers or large irradiators.
There are no licensees subject to requirements for posting of sureties.
License applications have been received by the State, however, for a nuclear pharmacy, a nuclear laundry and a distributcr of tritium exit signs.
NRC staff's monitoring of the State program shows that a significarnt inspection backlog exists.
The reassertion process requested is provided by Section 274j.(1) of the Act.
This requires a Commission determination that termination of the Agreement and reassertion of NRC regulatory authority in Idaho is necessary to protect the public health and safety.
Since this action has been requested by the State, the notice and opportunity for a hearing to the State that is provided for in Sec 274j.(I) is not necessary.
Based upon Governor Andrus' lettEr and discussions with his staff, it is recommended that the effective date for the reassertion of NRC authority be April 26, 1991. is a Commission order which provides that the existing State licenses in effect become NRC licenses.
The proposed Federal Regster notice shown in Attachment 5 would pr'ov"inotlce-T*at the Commission has found termination of the Agreement to be necessary to protect the public health and safety and that reassertion of NRC authority would become effective
4 on a specified date.
NRC staff plans to hold a public workshop with licensees in Idaho to ensure that NRC rules, fee schedules, and enforcement policies are understood.
The Region has tentatively scheduled this during the week of June 3, 1991.
NRC staff has been in communication with the State concerning transition arrangements including transfer of license files and other appropriate records to the Region IV office.
There are no costs to be charged to the State for the termination.
There will be no fee charged to Idaho licensees for the NRC order making them subject to NRC regulation.
Subsequently, they will be subject to such fees as are provided by 10 CFR Parts 170 and 171.
Staff estimates that the incremental increase in technical staff effort to assume regulatory authority for the Idaho program will be I to 2 FTEs.
A somewhat higher effort will be needed initially to address the inspection backlog, process the pending license requests, and take other licensing actions necessary to conform the licenses to NRC requirements and conduct the workshops.
The magnitude of this additional effort will best be assessed after staff performs preliminary reviews of the State files.
This action terminates, rather than suspends, Idaho's Section 274b. Agreement with NRC.
Should the State at some future time wish to again become an Agreement State, it may do so by requesting a new Agreement in accordance with Section 274 of the Act and the NRC Policy Statement (46 FR 7540, 46 FR 36969 and 48 FR 33376).
A draft letter to Governor Andrus informing him of the Commission's decision is shown in Attachment 6.
A public announcement and Congressional letters concerning this decision are shown in Attachments 7 and 8.
A letter to the Director of the Idaho Department of Health and Welfare informing him of the procedures that will be followed to terminate the Agreement is shown in Attachment 9.
Reconnendation:
That the Commission:
- 1. Find that the termination of the Section 274b.
Agreement with Idaho is required to protect the public health and safety.
- 2.
Approve the Order provided in Attachment 4 and direct the Secretary to issue such Order.
A
- 3.
Approve publication of the Federal Register notice announcing the Commission decision (Attachment 5).
- 4.
Note:
- a.
The Commission Order will be published in the Federal Re ister along with the notice of reassertin of authority.
- b.
The Governor of Idaho will be notified of the Commission decision by registered letter shown in Attachment 6.
- c.
A public announcement (Attachment 7) wiil be issued by Public Affairs.
- d.
The appropriate Congressional Committees will be informed of the Commission's decision (Attachment 8).
Coordination:
This paper has been coordinated with the Office of the Executive Director for Operations, Region IV, and the Office of the General Counsel has no legal objection.
Harold R. Denton, Director Office of Governmental and Public Affairs Attachments:
As Stated Commissioners' comments or consent should be provided directly to the Office of the Secretary by COB Wednesday, April 10, 1991.
Commission Staff Office comments, if any, should be submitted to the Commissioners NLT Wednesday, April 10, 1991, with an information copy tc thc Office of the Secretary.
If the paper is of such a nature that it requires additional review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.
This paper is tentatively scheduled for affirmation at an Open Meeting on Thursday, April 11, 1991 at 3:30 p.m.
DISTRIBUTION:
Commissioners REGION IV OGC EDO OIG SECY LSS GPA
OFFICE OF THE GOVERNOR STATE CAPITOL BOISE 83720 CEC*
D ANDS (208) 334.2100 March 25, 1991 Kenneth M. Carr, Chairman U.S. Nuclear Regulatory Commission One White Flint North Building 11555 Rockville Park Rockville, MD 20555 Dear Mr.
Carr:
Representatives of the state of Idaho have been in contact with representatives of the Nuclear Regulatory Commission (NRC) about the NRC/state agreement program.
I am writing to clear up any misunderstandings that may exist in this regard.
In recent years, the Idaho Radiation Control Program has been operated by our state Department of Health and Welfare's Division of Environmental Quality.
In July of 1990, the NRC advised the state that the quality of the program was in question.
I am enclosing a copy of a letter outlining the NRC's concerns.
The Idaho Legislature has reluctantly funded the program at a very minimal operating level.
As you know, there are no federal funds available to the state to operate it.
In view of the financial squeeze placed on the program by our Legislature's past reluctance to adequately fund it and the federal government's refusal to provide any funds, we studied the feasibility of increasing funding by implementing a fee structure for licenses and inspections.
A fee program would have allowed us to upgrade our program to comply with the requirements of the NRC.
We discovered that to implement such a program, however, an average license/inspection fee of approximately $1,175.00 would be required to be paid by the 136 businesses, universities, and medical facilities in Idaho that are currently licensed.
When the executive budget for fiscal year 1992 was being put together at the end of last year, it was determined that the fees charged by the NRC's own licensing
Kenneth M. Carr March 25, 1991 Page Two and inspection program were an average of approximately
$531.00 per license/inspection.
Accordingly, in view of the fact that the NRC could provide a thorough licensing and inspection program at no cost to the state of Idaho and at a cost to Idaho licensees far less than what could be charged by the state, we made the decision to return this federally-mandated program to the NRC.
Just recently, the state has been notified by the NRC that it plans to revise its rules and regulations to increase the fees it currently charges to licensees and that these new fees may go into effect sometime in the next year.
In the event these changes do take place, the state may be in a position to consider taking back the NRC/state agreement program.
At this juncture, however, there is not a sufficient basis for me to reverse the state's decision to return the program to the NRC.
I am not entirely satisfied with this decision, because I believe that, when adequately funded, a state program is in a better position to regulate and control radioactive materials in Idaho than is the NRC.
I continue to believe that the state can be more responsive to those who are protected and regulated by the program and any concerns that arise about health or safety can be dealt with more promptly at the state level.
I am committed to protecting Idaho's citizens from any undue risk of exposure to radiation, but this protection cannot be achieved by an underfunded state program.
I am certain you will agree that, under the circumstances, Idaho's citizens will be best served by a strong program administered by the NRC.
We look forward to continuing an excellent working relationship with you.
Sincerely, 11 D). Andrus Governor CDA:jcd enclosure cc:
Richard P. Donovan, Idaho.Department of Health and Welfare Carlton Kammerer, Director of State Programs, Nuclear Regulatory Commission a/f
10 03*%,t a' UNITED STATES
-~
NUCLEAR RIOIILATORY COMMISSION b
WASNtM@TON,
- 0. 0. 10533 3uy 23, 1990 Mr. Richard P. Donovan, Director Department of Health and Welfare 450 W, State Street Boise, ID 83720
Dear Mr. Donovan:
Because of our disturbing findings, I am providing this report to you of a recent NRC visit to the Idaho radioactive materials Agreement State program. The report highlights the Inadequate manpower being devoted to the Agreement State pro;ram which has resulted in major shortcomings in the inspection area and the necessary revisions of the State's regulations for compatibility with NRC.
If this visit had been a formal review of the Idaho program, we would be unable to make a finding of either adequacy of the program to protect public health and safety or compatibility with NRC regulations.
Because of the serious nature of this situation, I would like to receive a written response and plan of action to the report's findings. Finally, NAC Intends to conduct an official review of the State's program within the next six months.
I believe the seriousness of these deficiencies warrant your early attention to this matter.
Carl? atrner.r Director State Programs Office of Governmental and Public Affairs
Enclosure:
As stated cc: Cheryl Koshuta State Liaison Officer
UNITEE STATES OF AMERICA NUCLEAR REGULATORY COMMISSION COMMISSIONERS:
Kenneth M. Carr, Chairman Kenneth C. Rogers James R. Curtiss Forrest J. Remick
)
In the Matter of the Governor of
)
Idaho's request to return to the
)
United States the Idaho program
)
for the licensing and regulation
)
of byproduct material as defined
)
in Section 11e.(1) of the Atomic
)
Energy Act of 1954, as amended,
)
source material and special nuclear
)
material in quantities not sufficient to fornm a critical mass.
))
ORDER.
CLI Pursuant to Section 274j.(1) of the Atomic Energy Act of 1954, as amended, the Commissior crants the request of the Governor of Idaho for the Nuclear Regulatory Commission to accept the return of authority over the licensing and regulation in Idaho of byproduct material as defined by Section 11e.(1) of the Atomic Energy Act of 1954, as amended, source material arG special nuclear material in quantities nct sufficient to form a critical mass.
The Commission finds that this action is required to protect the public health and safety.
2 Idaho is an Agreement State.
Under the provisions of the Agreement, which became effective October 1, 1968, Idaho assumed and NRC relinquished authority for the licensing and regulation of byproduct material, source material and special nuclear material in quantities not sufficient to form a critical mass.
On November 9, 1982, Idaho returned tc the NRC authority to regulate byproduct material as defined by Section 11e.(2) of the Atomic Energy Act of 1954, as amended.
By letter dated March 25, 1991, Governor Cecil Andrus advised the Commission of his decision to return Idaho's Agreement program to the NRC.
In his letter, the Governor indicated that he made this decision following a decisior by the State Legislature to not fund the program for regulating radioactive materials subject to the Agreement at a level sufficient to meet NRC guidelines for adequacy to protect the public health and safety and compatibility with the NRC program.
Under current Federal law, byproduct materiE2, source material and special nuclear material in quantities not sufficient to form a critical mass cannot be left unregulated.
Accordingly, the Commission finds it necessary to accept return of the Idaho program, terminate the Section 274b. Agreement between the NRC and the State of Idaho in its entirety, and reassert NRC authority over the licensing and regulation in Idaho of byproduct material, as defined in Section 11e.(I) of the Atomic Energy Act of 1954, as amended, source material ard special nuclear material in quantities not sufficient to form a critical mass.
3 The Commission staff has reviewed the files of the Idaho Department of Health and Welfare and has identified ell relevant licensing documents for transfer to the NRC.
In order to aid in a smooth transition, the Commission deems it essential to maintain continuity in the licersing and regulatory obligations of the Idaho licensees whose dockets are being transferred to the NRC.
This continuity may be assured by keeping in effect on an interim basis all Idaho licenses as currently issued, until such time as the licenses are modified to meet NRC statidards.
Therefore, the Commission hereby urders that all Idaho issued licenses, license amendments, outstanding orders (if any), or other documents establishing obligations for specific licensees that are transferred to the Commission, shall remain in full force and effect as if issued by the Commission.
The Commission staff will review all transferred licensirg documents and provide for their revision as necessary to meet applicable Federal standards.
For the Commission Secretary of the Commission Dated at Rockville, Maryland this day of 1991.
AUNITED STATES NUCLEAR REGULATORY COMMISSION Office of Governmental and Public Affairs Washington, D.C. 20555 No.
91-39 FOR IMMEDIATE RELEASE Tel. 301/492-0240 (Friday, April 12, 1991)
NRC TO REASSERT REGULATORY AUTHORITY IN IDAHO The Nuclear Regulatory Commission is reasserting its regulatory authority over the possession and use of byproduct, source and special nuclear material in the State of Idaho.
Governor Cecil Andrus, in a March 25 letter to the Commission, advised that Idaho could no longer carry out its responsibilities as an Agreement State due to severe budget constraints and other compelling reasons.
The action, which is effective on April 26, is being taken in order to ensure that the public health and safety will be protected.
Under a section of the Atomic Energy Act added in 1959, individual States can, by agreement, assume part of the NRC's regulatory authority over the possession and use of byproduct, source and small quantities of special nuclear material.
This requires a demonstration that an adequate program is in place for the control of radiation hazards to protect the public health and safety and a Commission finding that the program is compatible with the Commission's program for regulating those materials.
With the reassertion of NRC regulatory authority in Idaho, there will be 28 Agreement States.
Licensees in Idaho, which has been an Agreement State since 1968, are being advised of the Commission's action in an Order dated April 11,
- 1991, and the NRC staff is working with Idaho authorities to ensure an orderly transition in regulatory authority.
There are approximately 130 specific licensees in Idaho affected by this action.
As part of this effort, the NRC Staff will hold public workshops in the State to explain NRC rules, fee schedules and enforcement policies.
In the meantime, the Idaho licenses, as currently issued, will remain in effect until they can be revised, if necessary, to meet NRC requirments.
Persons seeking new licenses for activities involving radioactive materials subject to NRC regulation in Idaho should file applications with the Nuclear Regulatory Commission, Region IV, 611 Ryan Plaza Drive, Suite 1000, Arlington, Texas 76011.
INFORMATION REGARDING THE IDAHO RADTION CONTROL PROGRAM
Background
Idaho became an Agreement State on October 1, 1968.
After Agreement status was achieved, the State provided adequate budgeting support for the Agreement Materials Program for many years.
State budgetary support was necessary because Idaho has never charged fees to its licensees to support its regulatory program.
A problem with staffing developed in 1987, just after NRC's evaluation of Idaho's Agreement Materials Program on July 24, 1987.
Two of the State's health physicists resigned within months of each other, and Idaho has not been able (or willing) to adequately support the Agreement Materials Program since t1;at time.
Idaho's evaluation of July 1987 showed a staffing level of 1.5 FTE/ICO licenses.
(NOTE:
NRC's guidelines call for a range of 1.0 - 1.5 FTE/100 licenses for these programs.)
Since that time, Idaho has never achieved even the lower limit of this range.
Idaho's staffing level averaged.8 -
.9 FTE/100 licenses for the next several years, when, on June 1, 1990, another health physicist resignation occurred and only one person remained to cover the Agreement Materials Program.
Idaho has not filled this vacancy to date.
Region IV conducted a Review Visit for the Idahc program on June 22, 1990, which highlighted the critical staffing problem and other general program deficiencies, to include a backlog of license reviews and inspections.
NRC's State Programs Office notified Idaho's Director of the Department of Health and Welfare on July 23, 1990, of the seriousness of these problems.
Since that time, State Programs and Region IV have maintained a weekly monitoring plan for the Idaho program.
Idaho has assured NRC that adequate support exists for radiological incidents, wherein DOE's Idaho National Engineering Laboratory (INEL) has pledged support for such cases.
Idaho management staff has stated that the only solution to this problem is to receive adequate program funding from the State Legislature in the January 1991 session.
2 Current Status Idaho has one health physicist assigned to the Agreement Materials program, which represents a staffing level of approximately.5 -.6 FTE/100 licenses since a small fraction of his time is devoted to the x-ray program.
The inspection backlog has been increasing steadily, to approximately 50-60 overdue inspections at the present time.
Licensing review actions have also been buildinE up with Idaho having several more significant cases to review; e.g., license applications for a nuclear laundry, a nuclear pharmacy, and a distributor of tritium exit signs are pending at the present time.
Idaho has no outside technical support for the program, except for radiological emergency response from DOE's INEL.
Both INEL and the Conference of Radiation Control Program Directors, Inc. (CRCPD) have recently turned down Idaho's requests for technical assistance for routine program operations.
NRC has been reluctant to offer any program assistance because the State has not given a strong commitment to fund the necessary resources to run an Agreement program.
After the 1987 review, when Idaho was experiencino similar problems, the NRC provided one (1) specialist for approximately two weeks to help reduce its backlog due to a shortage of staff.
Idaho's radiation control regulations were last revised in December 1987 and were found to be compatible with the NRC's regulations at that time.
Currently, Idaho's regulations are missing the most recent NPC amendments that are necessary for compatibility.
The low staffing level, of course, precludes any State efforts toward updating its radiation control reaulations at this time.
Backqround:
O Idaho became an Agreement State in 1968.
O The State currently administers about 130 licenses.
Two are significant, the broad licenses issued to the University of Idaho and to Idaho State University.
The remaining licenses are the normal mix of institutional medical, industrial radiographers, gauge users, etc.
There are no radiopharmacies, LLW brokers, no large manufacturers, or large irradiators in Idaho, although license applications have been received for a nuclear pharmacy, a nuclear laundry and distributor of tritium exit signs.
" On November 9, 1982, Idaho returned to the NRC authority to regulate byproduct material as defined in Section 11e.(2) of the Atomic Energy Act of 1954, as amended (uranium and thorium mill tailings).
O In 1987, NIRC conducted a routine review of the State's Agreement program.
Shortly thereafter, a staffing problem emerged when two State health physicists left the program.
o In 1988, Carlton Kammerer met briefly with Governor Andrus during a meeting of the National Governors' Association and indicated the State's Agreement program needed attention because of staff turnover.
° The last routine review was conducted in July, 1989.
Althcugh the prograwrl was found adequate and corpatible, a senior staff person left the program following the review and our comment letter emphasized the need to fil! the positior..
This was the second consecutive review in which staff turnover was identified by NRC as a concern.
° In June 1990, NRC conducted a review visit.
Several significant findings were made, including overdue inspections.
The State had no plans to fill a vacant position because of uncertainties in continuing the program.
Because of the nature of the findings, the report was sent to the State under a cover letter dated July 23, 1990, requesting e respcnse.
(Review' visits are normally less formal than a routine review and correspondence with the State concerning the review visit is not normally done.)
o In September 1990, the State responded and informed us that options concerning the program were being reviewed with the Governor's office and a decision would be forthcoming soon.
O In early October 1990, we were informed by the State that Governor Andrus planned to request the State legislature (which convened in January 1991) to provide additional positions for the State program and to charge user fees.
In our October 5, 1990 letter to the State acknowledging this information, we emphasized our concern over the need to address the inspection backlog.
2
° Orn October 17, 1990, the State confirmed by letter plans to request legislative action and informed us that failing legislative action, the program would be relinquished to NRC.
There was no information concerning inspection effort.
" In early November, Mr. Kammerer met with the State to discuss the program.
A follow-up letter from the State on November 5, 1990 stated the State would request assistance from the CRCPD and DOE (INEL) to address the backlog.
o On November 16, 1990 we asked Idaho for specific information on the schedule to resume inspections immediately and also asked for information on the extent of Governor Andrus' awareness of the program's problems.
O On November 20, 1990, the State provided an inspection plan and itiformed us that Governor Andrus was aware of the problems and was supportive of the efforts to resolve the funding and staffing shortage.
" Inspections were resumed by the State in January 1991 following a telephone call to the State in January 1991 by Vandy Miller, Assistant Director of State Agreements Program.
" On February 13, 1991, upon learning that the Branch Chief for the Idahlc radiation control program resigned, Mr. Kammerer sent a letter to the State requesting a response within 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> on the State's plans regarding the program.
The State, by telephone, requested a two week extension (i.e., to February 28, 1991) to permit an examination of the issues and options.
O In February 1991, SP had numerous contacts with the Governor's office and other State officials and a State legislator to provide background information on the program and particularly on staffing and fees.
The Governor's office informed us that the State was reviewing three options:
(1) fund the program out of general revenues, (2) establish a fee system, or (3) return the program to NRC.
The bottom line was that it appeared that the right people had the right information necessary to make an informed decision.
o On March 1, 1991, SP was informed by the Director of the Department of Health and Welfare that the State intends to turn back the Agreement.
O On March 4, 19S1, Mr. Kammerer by telephone informed the Department Director (in general terms) of the Commission's decision to establish an annual fee for materials licensees.
This information could alter the State's decision since it would affect how proposed State fees would be viewed by State licensees.
Nuclear Regulator Commiission Proposed Federal Regiter Notice Reassertion of Certain Regulatory Authority in the State of Idaho By letter dated March 25, 1991, Governor Cecil Andrus of Idaho stated his decision to return the Agreement program and accordingly the NRC is reasserting its authority over byproduct material as defined as Section 11e.(1) of the Atomic Energy Act, as amended, source material and special nuclear material in quantities not sufficient to form a critical mass.
The Governor stated that because of severe budget constraints, as well as other compelling reasons, the State can no longer assume regulatory responsibility for these materials. A copy of the Governor's letter is on file in the Commission Public Document Room at 2120 L Street, N.W.,
Washington, D.C.
Pursuant to the provisions of Section 274j of the Atomic Energy Act of 1954, as amended, the Nuclear Regulatory Comnmission found on____
that it is necessar~y to terminate the Idaho Agreement relinquishirng W~
authority over byproduct material as defined as Section 11e.(1) of the Atomic Energy Act of 1954, as amended, source m~aterial arid special nuclear material in quantities not sufficient to form a critical mass are to reassert NRC licensing and regulatory authority over these materials in order to protect the public health and safety. This finding ensures that there will be no lapse of licensing and regulatory authority over these activities and materials upon relinquishment of this authority by the State of Idaho.
This reassertion of authority will become effective on 1991.
Persons seeking licenses for activities within Idaho involving byproduct material as defined in Section 11e.(1) of the Atomic Energy Act of 1954, as amended,, or source or special nuclear materials should file such applications with the U.S. Nuclear Regulatory Commission, Region, IV, 611 Ryan Plaza Drive, Suite 1000, Arlington, TX 76011.
Existing licensees in Idaho are being advised of this change in regulatory authority. Pursuant to a Commission Order published with this notice, existing Idaho licenses affected by this change will become effective NRC licenses under conditions set forth in the Order.
For information regarding this reassertion action contact the NRC's Office of State Programs, Mr. Carlton Kammnerer (301-492-0321).
Inquiries regarding the status of licenses or applications should be directed to NRC Region IV Office, Arlington, Texas. The contact is Jack Whitten (817-860-8197).
2 Dated at Rockville, Maryland this day of 1991.
FOR THE UNITED STATES NUCLEAR REGULATORY COMISSION Carlton Kammerer, Director State Programs Office of Governmental and Public Affairs
The Honorable Cecil Andrus Governor of Idaho Boise, Idaho 83720
Dear Governor Andrus:
As a result of your letter of March 25, 1991, the Commission on 1991 agreed to terminate Idaho's Agreement relinquishing the U.S.Ncu lear Regulatory Commission (NRC) authority over byproduct, source and special nuclear materials and to reassert NRC licensing and regulatory authority over these materials in order to protect the public hcalth and safety.
The effective date of the termination is 1991.
Enclosed is a ccpy of the Federal Re ister notice which we expect tc be published in the next few days. Wel esoexpect to issue a public announcement in conjunction with issuance of the Federal Register notice.
Mr. Richard Donovan, Director of the Department of Health and Welfare, was informed of the decision on
, 1991.
I understand he is making arrangements for transfer happropriate files and other material to the NRC.
We appreciate the State's cooperation in this matter.
Sincerely, Kenneth M. Carr
Enclosure:
As stated
DRAFT Draft Public Announcement NRC TO REASSERT REGULATORY AUTHORITY IN IDAHO The Nuclear Regulatory Commission is reasserting its regulatory authority over the possession and use of byproduct, source and special nuclear materials in the State of Idaho.
The action, which is effective on
, is being taken in order to ensure that the public health and safety will be protected after Governor Cecil Andrus, in a March 25 letter to the Commission, advised that Idaho could no longer carry out its responsibilities as an Agreement State due to severe budget constraints.
Under a section of the Atomic Energy Act added in 1959, individual States can assume part of the NRC's regulatory authority over the possession and use of byproduct, source and special nuclear materials by demonstrating that a program is i. place for the control of radiation hazards adequate to protect the public health and safety and a Commission finding that the program is compatible with the Commission's program for regulating those materials.
With the reassertion of NRC regulatory authority in Idaho, there will be 28 Agreement States.
Licensees in Idaho are being advised of the Commission's action in an Order (dated) and the NRC staff has identified files which are to be transferred from Idaho authorities.
In the meantime, the Idaho licenses, as currently issued, will remain in effect until they can be revised, if necessary, to meet NRC requirements.
DRAFT Persons seeking new licenses for activities involving radioactive materials subject to NRC regulation in Idaho should file applications with the Nuclear Regulatory Commission, Region IV, 611 Ryan Plaza Drive, Suite 1000, Arlington, Texas 76011.
Draft Congressional Letter
Dear Mr. Chairman:
At the request of the Governor of Idaho, the Commission, on
, 1991 agreed to terminate Idaho's Agreement relinquishing the U.S.Nuclea Regulatory Commission (NRC) authority over byproduct material as defined in Section 11e.(1) of the Atomic Energy Act, as amended, source material and special nuclear material, and to reassert NRC licensing and regulatory authority over these materials, in order to protect the public health and safety.
The effective date of the termination is
, 1991.
Enclosed is a copy of the Federal Register notice we expect to be published in the next few days.
WeiTsixpect to issue a public announcemaenit in conjunction with issuance of the Federal Reaister notice.
Sincerely, James M. Taylor Executive Director for Operations
Enclosure:
As stated
UNITED STATES NUCLEAR REGULATORY COMMISSION iiWASHINGTON, D. C. 20555 April 5, 1991 Mr.
Richard P. Donovan, Director Department of Health and Welfare 450 W. State Street
- Boise, ID 83720-5450 Dear Mr.
Donovan:
As you are aware, the Governor has requested on March 25, 1991 the Com*nission to terminate the Section 274b Agreement with the State of Idaho and to reassert its regulatory authority over persons using radioactive materials covered under the Agreement.
Should Idaho at some future time wish to again become an Agreement State, it may do so by requesting a new Agreement in accordance with the Nuclear Regulatory Commission (NRC)
Policy Statement.
NRC would require the State to be both adequate to protect-public health and safety (per the enclosed Guidelines, particularly as it relates to staff) and compatible with the NRC programs, including regulations, before the NRC would consider relinquishing its authority.
For a termination of the Agreenrent, the NRC will take the following steps:
- 1.
NRC staff send forth the Commission Decision Paper which includes (a) history, (b) recommendation and proposed transfer date, (c) proposed Commission Order making Idaho licenses NRC licenses, and (d) draft notification of press and Congress.
- 2.
Chairman Carr will respond to the Governor's request by registered letter of the Commission's decision.
- 3.
The Regional Administrator will send the Commission Order to all Idaho licensees, including Governor Andrus' letter to Chairman Carr and Chairman Carr's letter to the Governor.
- 4.
Region IV will announce workshop(s) within the State to be conducted by NRC regarding NRC's total program of licensing, inspection, fees, etc.
We would appreciate receiving a complete mailing list including telephone numbers, for all of the licensees in Idaho especific and general) to enable an orderly transition for the State, NRC and the affected licensees.
This will enable us to send timely notifications to them about the transfer of authority.
We would like to receive this list within one week from the date of this letter.
fir. Richard Donovan 2AR!
1; 2
APR Eý 19Z'.
When the Agreement is terminated, we plan to send NRC staff to Boise to physically pick up the license files for transfer to the NRC. License files would include:
- a copy of the current license including all current amendments; o copies of underlying applications and -supplementary materials provided by the licensee in support of the application for the license and subsequent amendments; o copies of pending license applications and requests for amendments under review at the time of the transfer, including reviewer notes or other documents that constitute an interim record of actions taken on the pending applications and requests; o copies of inspection reports and associated enforcement correspondence to and from the licensee;
- copies of other reports and other-*correspondence received from the licensee including documentation of telephone communications; o copies of reports of sampling, testing and analyses conducted of licensees' operations or surrounding environs; copies of other documents normally included as part of the Idaho record for licensees; ocopies of registrations filed by general licensees who are subject to registration requirements; and ocopies of reciprocity notices filed by out-of-State licensees for work that may be in progress at the time of the transfer.
With respect to pending licensing actions and licensees overdue for inspections, we would appreciate receiving separate listings of these at the same time you send us a mailing list of licensees. This will help us plan staffing assignments for this work. We would appreciate receiving a list of licenses terminated by the State and, if the files are still accessible, would appreciate including those records for transfer to NRC.
If licensees have buried radioactive material under either specific authorization of the State or under authority of State regulations, we would appreciate receiving a list of these licensees and the pertinent records. If any sites are known to the State to contain residual radioactivity resulting from contamination by materials that were subject to the Agreement, we would appreciate receiving a listing of those sites and pertinent records.
.5 Mr. Rh Donovranru JUAIPrR AP 1 1 Other relevant records or information not specified should also be made known to us as the Agency asserting authority for the protection of the public health and safety in the State of Idaho.
We request all such information including records be included in the files and records to be transferred to NRC.
Except as noted these additional lists and records should be made available for transfer to us when we take possession of the license files.
NPRC plans to inform the public of the termination of the Agreement through a Press Release.
If the State plans to issue one as well, we would like to coordinate the releases.
Please advise us of your plans in this regard.
The contact for the transfer is Robert Doda, NRC Region IV State Agreements Officer.
He is located at 611 Ryan Plaza, Suite 1000, Arlington, Texas 76011 and may be reached at 817-860-8139.
Carlton Kammerer, Director State Programs Office of Governmental and Public Affairs
Enclosure:
As stated
UNITE[
'ATES NUCLEAR REGULATORY COM.
$SION RULES and REGULATIONS Tn., U,. oiAPug SCO.
oF ERA.OUfOShgmo C
COMMISSION NOTICES POUCY STATEMENTS AGREEMENT STATES
(
4FR Ft?1o Eftmitd 1/23/11 11factive ll/il/8 Aanrwdd by PS PubMotwd 7116/18 446 FR 3S969} and 7/21/SS 48 FR 33376)
Criteria for Outdance of States NRC in Diaecntinueace of NRC Rtgutatory Authority and AsumptIon Thertof by States Through Agroement Aotscv. U.S Nuclear Regulatory Commission.
Acnow. Statement of PoUlcy.
SUMArt The Nuclear Regulatory Comm-sWlon has remised Its statement of Wiiy rnl,4 criteria for guidance of Staes and hrC in dis.ortinuance of NRC regulator' authoity end assumption of rtgulatory authority by States through armement. This action is necessary to make editortal changes to update the policy statement. to &Dow States to enter into agreements for low-krvtl waste ozdy. and to incorporate the proviions and mquirements of the UTailings Radiation Contr1 Act of il8 Adoption of this olcy wil allow isterested States to enter into a
m s with the hMC and iqulate lw-le"vel waste situ only. Additionally.
those States that meet the litens for egulation Of urani.um molls &
tailing may exercise regulatory outhrity over these sources as provided by the Uranium Mill Tailings Radiation Contrl Act of 1L& as wamended.
Th* mvised statement of potiq nsvcts the foflowing princpal chanies L Modifia tlon of Criterion V to aflow a State to seek an agreement for the reulation of low-level wata as*
separate omteigr'.
SincWusion of additional riteria for Stlat wishing to continue rqulatai reaul and thormwn procesars ad mLl tailings after November L M".
. ditorW and clarifying danpe to manke the statemant miant.
DAtW Ts: policy Statement 10 11ct1v1 JatiemZ inaot ta uc PORt PUTE 101PORKAT1011 001T t
F. Kendig. Office of State 1-upma.
Nuclea Refulato'y C ission.
Washinigton. D.C. 3055. telophone 301-402-7787.
SUIPPLA1*M11A r WquPa*yot I. These criteria were develod to Implement a proiram. authoried by Pub. L 411-M which was enacted n the lle. et a new action to the Ato.c neew Act (Sectio V4) ad approved by the Ptresdent cm Septsmber a.u mad amended by Pub. L U04 approved November & 23, These cliteri ame Intended to indicate factors which the Commission intends to consider in approviqngw
- ne amended agreements. They ane a otetnded to lmit Commission disreti*oi In viewin Individual agreements or amndments.
In accordance with these statutory provisions, when an agreement between a State and the NRC is effected, the Commission will discontinue its segulatory authority within that State ever one or more of the follo'ing materials, byproduct material as defined in Section 11Ce() of the Act (radioisotope.). byproduct material as defined in Section 21e(2} of the Act (mill tailings or wastes). souwe material
(.-aniuz and thorium). special nuclear material (wuanJum 233, uranium 235 and pltonium) in quantiies not sufficient to a critical mass and permanent disposal of low-level waste containing se or more of the materials stated above but not including Mill taelings.
L An agreement may be affected btw a State anW NRC (1) upon cotdicati*o by the Govnm that the lSitat has a peua.n for the conra of ndiation hazards adequate to protect dis public bealth and safety with mpect to the materials within the State coved by the proposed agreement and the State desires to assume regulatory asaoesbllty crsuch materials; an" (2 t
1 by the Coammssion that 61e Stat*
apr s is In accordance with he requ imets of subsection o of ct~i~V4 and tn all other mpects oNmpatible with the Commission's prgam for the tragulaon of such vaterial sad bn adequate to protect the public beft and safety with respect to t materials gowned by the proposed oeesmnt. is al iso aemaay that th SMathe h sma. bl og isllation hermsingo lt Goveror to enter into and cm ageemant.
S. The sOrlAal muritanWere published
- March a4. 2se8 (tm FR 37 after dIscussions with varioue State officials and other State rspresoctatvas, to r
de guldance and assistance to the and th AEC (now NRC) in developing a ritulatory pr, Wsm which would be compatible with that of the IN'RC. The criteria were circulated amon States. Federal agencies. labor end industry., and other Interestcd group for commnat.
- 4. be criterla require that the State authority consider the total accumulated occpational radiation exposure of individuals To facilitate such an appoach. It is the view of the KRC that an overall radiation protection progeaa b desirable. The maximum scope of each State's rediation porectioc ptogrem is not. boweve., a necessary or appropriate subject for coveralg.in the criteria. Consequntly. the alieMia art 9te"t on the qguetion of whether a State should have a total r7 lamtory program cvering alsours of radiation.
including those not subject, to control by the KRC undw r th Atomic FJ.eap AcL such as x-rays, radium. accelerators etc.
'.,hese revised acrtera prvode for
.intr.an agremeit for a a*
~te atagotem O matesals. namely.
low 4ev ci wasta mateil in pmaroaml dispoWa facilties. The)n also provide mew criteria for Suas wishing to onitinue eegulati sasal.. w thorium, processing and the was reru)W thererom wdr the provsions of the Uaniwun Mill ToflM Radiation Control Act of I1I (Pub. L 2104) after Kvtv-e=.ber L.
7b*.1'bevised a, cteria elso cmtai. a aninu i editorial changea such as cdasg AEC to NRC wh-m eppFr.eatt mawms to pMnnt practice and low.
L Inquiries sheat dels of th tada o other asps ie d i NRC
-adwarl-State Ilatima Pimpalmsould to addressed! to Go Office of Stats
-prognam. LU 11-4am 118lialm Com.isWic D
m, L hoa.
A Stw sopalattey
'Is tkr'ms urn be m b m Iin b% and=
ea"mi muediwatio i?
nW egtela Sea
-0 a bepm It 86MV"8 go M W.
,o at S
rissh is
(
- qWAn*W8*.qn8
L Stondards. The State reu*atory program shall adopt a set of standards for protection against radiation, which shalJ apply to byproduct. source and special nuclear materials in quantities not 'ufscent to fo:*m a critical mass.
&. -.iforrni)" in Rcdifr¢o, Standards.
it is important to strive for uniformity in technical definitios and te.minolo'.
particularly as related to such things as ign-ts &! musuw'men't ard radiston dote. There shall be und/orm*ty on maximum permissible doses and levels of radiation and concentrations of radioactivity. as fixed by Part 20 of the N*RC regulations based on officially approved radeation protector Sudes.
- 4. Tc:o/ Occ'potio¢-o/Rodiction Exposure. The re.ualstory authority sLall consider the total occupational radiation exposure of indjiduals Including that from sources which are not regulated by I.
&. Surveys, Montoring. Appropriate surveys and personnel monitooing under the cJose supervision of technically competent people are essential in achieving radiolgcal protection and
- shall be made in determining compliance with safety regulations.
S. Labels. Sins. Symbols. It is desirable to achieve uniformity in labels, sieps and symbols, and the posting thereof. However, it is essential that theme be undformity in lobels, sig*s.
end symbols afl'med to radioactive products which are transferred from person to person.
?. 11stmvCtion. Persons working in or frequenting restricted areas Ishall be bistructed vhith respect to the health risks associated with exposure to radioactive materials and in precautions to minimize exposure. Workers shall have the rigbt to request reguatory authority inspections as per 10 CFR I&
scton 19.16 and to be represented during inspectiow as specified in section 19.14 of 10 CFR 39.
&. Storage. Ucensed radioactive matert in storage shall be secured against unauthorized removal.
S. Radioactive Waate Disposal.
(a) Waste disposal by material users.
The standards for the disposal of radioactive materials into the air. water and sewer, and burial In the msil shall be In accordance with 10 CFR Pert 20.
Holders of radioacave Material deosirin o release or dispose of quatities or moantrations of radioactive materials b
exam of preaasbed limits shall be sequined to obtin spectal peamlssion fomn the appropritate eulatc.'Y authority.
ItequIrments for tansfer of waste for de purpose of ultimate disposal at a di facility (waste tnafer ams-~t~
8a" t$~=s Ser woo s to sbkb 6m MSt dh) ke ban" frum pWpMr d radian pran-clia at md'ldnaa bara szmine of bdataam lad memim ods-,-kus "bmepo."
Is shal -M re.d. Amb aow m"d as mdr.i, q0W-.
£1*IOhSr) C I0.-was S p a
aS gmidtka b*an rna he eat spuna..
mmcnd POUCY STATEMENTS and manifest system) shal be in accordance with 10 CFR 20.
The waste disposal standards hatl include a waste classification scheme and provisions for waste form.
applicable to wasts genarstor.. that is equivalent to that ontained intO 1
R Port S1.
(b) Land disposal of waste received born other persona. The State shall roulte re*lcatins containing O
iiiMirm imt&en foro land Aiiipasl of rodioactive waste ece'v bom ether prsons which are compatible with the applicable technical 6efin*tJons, perorfmanen
~bevst lesehncal sequiremants and applicable supporti smeon set forth tso W FR Part St.
Adequate anancdal arrangements (under 0mesmtblished by regulsation) shall be sequtied of each waste disposal site Gnom to ensue sufficient funds for tamination. closure and stbilibation of a disposal site. In additim. Agreement State financial ramgementa for long-term monitoring and maintenance of a specific site must be reviewed and approved by the Commisson prior to relle'izns4 the site ape.r tot of licensed responsibility (section 251(s)(2). Pub. L r..42s).
so.
,egulations Gverning Shipment
& Radioactive Materials. The State ilto the extent of its jurisdiction promulgate regulations applicable to the shipment of radioactive materials. such regulations to be compatible with those established by tbe U.S. Deparmnent of Transportation and other agencies of the United States whose "jldiction o'er Interstate shipment of such materials necessarily tontnumes. State regulations
=rgardin tanspm.ition of.radioactive materials must be compatib!e with 10 CFR Part n.
- 11. Records andReports The State regulatory propam shall require that holders and users of radioactive materials (a) maintain records severing personnel radiation exposures, radiation
,,r.ey.. and dispos"asof materialks (b) beep rcords of the oceipt and eansfr SMterials (c) report sI" 5ant incidents involving the materials, as p*sa ibed by the regulatory authodit.
(d) make available upon request of a Eanier employee a report of ton emplo)yee exposure to
,e-iatiom (a) at request of an employee advise the employee of his or her annual radiation exposure ad (I) inform each d
loye bn a-lid when the o
m has received radiation Peipos e-in of the prescrlbed limits.
IL. Addibbinal Rqnamitief #and
.eaimptions. Consistent with the vrmall crteria here enutoted and to accommodate special cam or circumstances. the State regulatory authotity shall be authorized in individual cases to impose addiional requirements to prtect bealth and safey. or to pint aenessary exmptions wich will not jeopardize health and adel.
Ptior Zvu ho Um of Vowo 4Radi a Wr Maatriah IL. PAfBJokul*nai r of Himm and
£Akptivmue in the present state of knowledge. It Is aemessary*n ulating te possession and os of dby duct.
amsc= and special materials that the Stats "rSwgltoq authority nquire the submlselom of information M. and evaluation at th potential hatards and the copetiltqt of the user or posemeso perwo O his rocalpt of the materialls 'is afterim is subject to certain exception$ and to continuing reappraisal as knowledge and experience Os the atomic enstv field icrea"s. Frequently tere am. and increasingly in the future there may be.
categories of materials ad umes as to wfichihber is sufficient knowledge to permit possession and use without prior evaluation of the hazards and the capability of the possessor and user.
"These categorie fall into two pumps-those materials and uses which may be.
completeily exempt from rgltory controls. and those m rlansuses In whicit s&bactos far misus are maintained without pre-evaluet*o of the indlividual poesor orws In authorizing raes ach d development or Other activities involving multiple uses of radioactive mateials, wbe.. an intitution has People with extensive
&aii Od expenena the State regulatory authority my wish to provide a meas for auorizin broad use of materials without evaluating each
@aiact use.
- 14. Ev*t/
uOi. Orivsi b evaluating a proposal so ue radioactive materials.
the regulatory authraity ha determine the adequacy, ofl.
a*ppiseata hwota and srety maI t I, hi
-d e
n tbi Use of the mhinb for t*h a-rq
-es sli me by le see silroilm. fthislpi,
"ould be inlstt utah I?=
-ase*
IL,nwi Web. The used m@&u v materials and radiaitio n S o, hn buem not be perimma lyed Lcened phyaLcim) on of roedialooteps ar-iakw ammeseim and we of sti-active mmta all be ubject Os by die refulatury a88th o
ld hal be require byd
&@ r IeloI
- doetrmis, Md Os bes" In eabf 1ovembpr 30, INSP.A-
- V"-32-2
POUCY STATEMENTS I
(
compliance with reulator'Y
'4W7 o i"ect"M haube itlted &,actly to the amount and kad of m
-ateial'*
m I" of wpeatn bombed. WWd it sh1 be adequate to to' corn
- 17. opa*
., Ucomem
&all be unde obligation by1 lw to provie scres to insp r.
2& NVORiWOMa of =Uit Of A"
i i.ansm entitled to be adrised of the mrult of inspections and to notice as to wbethr mu ot they etof comp
'ance.
- 19..,or.msenL Possession and we of radioactive materials should be amenable to adorcsmeut through letal sanctions, and the regulatory authority sholl be eqwpped or assisted by law Iitih the necessary powers for prompt wdosr*ement This way include. as apprOpriate. adini.strative remedies Iokirtg toward issuance of orders requin" affirmative action or suspension or revocation of the right to possess and use materials, and the impounding of materals. the obtaining of injunctive relief, and the imposing of civil of crimuinal Penalties.
Personnel
- 20. Quolifications of Rfegulotor' and inspecawn Prsonn*e), The reguletory agency shall be staffed with sulfcfient trained personnel. Prior evaluation of applications for licenses or authoriations and inspection of licensees must be conducted by persons possessing the training and experience relevant to the type and level of radioctvity in the proposed use to be evaluated and itnpected. This require Competency to evaluate various potential radiological hazards associated with the many uses of radioactive material and includes Concentrations of radioactive materials In air end water, concitions of slfelding, the making of radiation measurem.ents knowledge of radiation ins*uments-their selectiom use and calibration-laboratory design. contamination WatraL other general pr'nciples and practimes of radiatin protection. and we of management aontrols in assuring adheter.ce to safety procedures. in order o e44luate some complex omaes. the State regulatory staff may ued to be Supplemmted by consultants or other Itae agencits with expertise to geology,
- bydrtAo, water quality. radioblology and Onginering discipIWLn To perform the functions involved in evaluation and Inspection, his deoiambe that there be peraonnel educated and maled in the physkcal andJor Wie sdencee. Including bioloy. chemsut y.
physics and niern mand that tbe Personnel bhve had trai and experienot In radiation proteota. for Uxampl, the persoo who wl be rsponsble for the actural polwmance def
,aluati and inspection of.3 of the varo*uss on of byproduct. amce end special nuclear moterals whil5c might come to the ireulatory body should have substantial Vhtni and extensive e
rapiece in the Reld of radation tcIonIt is desirable that mech a usan have bachaelar's degre or equivalent In the physical or life sceoa.nd spcil tanng-adlet,*at It Is recognized that 6e wi also be persons in the program perormin a
Uere Umned fuption tn evaluation ard Inspection. Thfes persons will peform tsh day-today work of tbe regulatory program and deal with both mutine situations as well as some which will be sut of the ordinary. These peson shobnd bavw a bachelor's de=aet or equivalent in the physical life siciences. *raining in health pl) icm. and approximstely two years of actual work experience in the field of radiation protection.
The foregoing are considered desirable qualiIcations for the stafl who a1ll be responsib)e for the actual performance o! evaluation and inspection In addition. there will probably be trainees associated with the regulatory program who will have an academic background in the physical or life sciences as well as varyinamounts of specific training in radiation protection but late or no actual work experience in tis field. The background and specific training of these persons will indicate to some extent their rotential role in the regulatory program.
.ese tainees, of couse, could be used initially to evaluate and inspect those applications of radioactive materials which are conuidered routine or more standardized from the radiation safety standpoint. for example. Inspection of Industrial jouges. small research pror.amt, and diagnostic medical programs. As they sf experience and competenc in the Reit, trainee, could hetused prog~ssively ao de wih the more complex or difficult types of radioactive matera applications. It is desirable that suc trainees have a bachelor's dege of equv~aent in the physical or lie aienca sand spedifc traini tin protr,*l* In academic trainbe at khmliwiduals In atof Se foregoing categorie pospe easoderetion houldbe given to aquivaskt COMPetency wtic iss been sained by appropriate bsbnkW sand ladiation OXPeeWWu 1111 112 that-sndloacths satmrials d tmod r
dc ms Ns wasa i
&Wm dw shmo and I=
fmcdobesW rebatm,"Ism:m Ixpe n the YAWa w dapl wdaic will not always reide In one ws~ he rgulaoryauthorit sh~ould eecomposite of Wi sk~lls either in its emplo or at its command not only for mooine functions, but also for MinlgeCy cases.
Special Nuclear MateriaL Source Moserial and Tritium al. Condons Applicable So Special Nuc.Jer MolerioL Sowure Moterio) and TWibiub Nothing in the State's wagutatory program shall) interfere with se duties imposed an the bolder of the materials by the t.RC. for example, the duty to report to the RrC. on KRC prescribed forms (1) transfers of special maeclear material, source material and AtluM. and 2) periodic inventory data.
ZLSpec= Nuclear Material Defin ed.
special nuclear materiaL in quantities mot suf-icient to form a Caitical mass. for present puaposa means uranum mUiched In the isotope U--235 in quantities not exceeding $SW gras of contained U-5ý uranium 233 in quantities nat exceeding 20D grams.
plutoniam in quantities not exceeding OX grains: or any combination of them in accordance with the following formula: For each kind of special nuclear mater-iaL determine the ratio between the quantity of that special nuclear material and the quantity specified above for the same kind of special nuclear material. The sum of wtch ratios for all of the kinds of special mseat? material in combinatiou should sat ex*eed "1" (La. mity). For example, h folowing qalntiteos in cambdatio would not encidl the limitaloo ane a*
Within th* aroe.as, asDllowS:
1)5 (?'ics Catnneed U-235) 3SiO so (grIf &
-= )), J0 (trans f,).
T his defin.ition is subject to c
,ange by fture Commission rule or leulaboo.)
Adminlsrreton
.4~.eprosticas for sWmwingthdoal and impartial admnsistration of regulatory low, inchding prvwsi for pulcparticipation whbere appropriate.
bhul e Incorporated to pruovd"us 4L Formahum of Id d rmwd aet Porul**alnm dul egnal m*
Apprar4 or denaia appications See lcenses or atotIsinp aen iist radioausv 41Waea O c. T~Llag discorbuary scom spiag t
JI SkI Agency Th 4Stashoe l
painlsod abw-nhr qo agenda will hew.u it allisal awthority. Thus sboul be aomsw against duplicate aegulatism and Steasio an by lunw bd
-A towe md t il b dsimb e 6tma be.a skko aatralreale, Iflyr.
Pnenng A^Wfttim Its aet Oe PMAG-3
POLICY STATEMENTS d"scor.tinuance of juridiction.
aep~oriste arrangements wi be made by NRC and the Stale to ensure that there will be no interference with or ir.:erruption of licenbed activities or the processing of license applications, by reasor. of the transfer. For example. one approach might be that the State. In assumrnpinguiodirtion. could recognise and continue in effect. for an e#;;.oprrite period of time under State iaw. hexisting NRC licenses. including licen",Vs for which timely applications fc,, "enewl have been filed. except where rood cause warrants the earlier reexamination ao termination of the license.
- 6..R!¢ions Wt'ith Federoa Co ie.*e.,reenI and O.her Steo:s. There should be an interchange of Fedcra! and State ir.:1ns*.aiJr and assistance in conne:icn with the issMuance of rejU!t.icns Ind licenses or aLlhc-iz&::ocns, inspection of icensees, te;,:njl
'-f incidentis and 'iolat!ons.
and tri..n:ng and education problems.
- 27. Cove'rage. Amedtnert.l, Rec!*,rciiy. An agpreement prov-ding for discontinuan" of NRC repulatory authority and the assumption of regulatory authority by the State may relate to any one or more of the following categoriev of materials within the State. as contemplated by Public Law &-373 and Public Law 95-604:
- a. Byprodct materials as defined in section 1elsl) of the Act.
- b. Byproduct materials as detined in section lle(2) *f the Act.
- c. Source materials, d Special nuclear materials in quantities not sufficient to form a critical mass.
- e. Low-level wastes in permanent disposal facilities, as defied by statute or Commission rules or regulations containing one or more of the materials stated in a c. and d above but not including byproduct material as defined in Section 3i1o2) of the Act but must relate to the whole of surc category or categories and not to a part of'any catelory., lf less than the five categories are Included in ny discontinuance of Iiediction.
discontinuance of NRC regulatory authority and the assumption of roegulatory authbority by the State of the others may be accomplished subsequently by an amendment or by a later agreement.
The agreement may incorporate by cference provisions of other documents.
including these crteria. and the apgeement shall be deemed to incorporate without speafc reference the provisions of Pub. L 0643 and Pub.
L n-4 and the related provisions of the Atomic Energy Act.
'A Stsae alt do" st -Wt to m.stk.is Uesltis*l**eoa an d u
U tenum tsoi
=m sad, bprwct owirlial Sb ddu!,d tn Seime IteltR) of She Atomc Lohm. Act son ali s
rmbor 4 IN: pln..snl is Pui. L ob.."s, man oAID si lvlthienty r
41 es*urit aste Al a
io islU Arrangements should be made for the mciprocal recognition of State licenses and Federal lipcees in connection with ut-ot.othe-jurlsdiction operations by a State or Federal licensee.
IL A91C and Deparawen of ELseity Caouaocors. Trhe State should provide exemiptions for IRC and DOE contractors which are substantially equivalent to the following exemptiots:
- a. Prime contractors performing work ir the DOE at U.S Government..wned mo controlled siear.
- b. Prime contractors performing eearch in. or development.
manufacture, storaell. tsting. or Ians*artation oa. atomic weapons or components thereof;
- r. Prime contracors useling or opt"asing nuclear reactors or other nuclear devices in a U.S. Government-owned vehicle or vesseL and
- d. Any other prime contractor or subcontractor of DOE or NRC when the State and the NRC jointly determine (i) that. under the terms of the contract or subcontract. there to adequate assurance that the work thereunder can be accomplished without undue risk to the public health and safety and (ii) that the exemption of such contractor or subco untractor is authorized by law.
Additional Criteria for States Regulatlng Uranium or Thodum Processors and Wastes Resulting Therefrom After November a, 2I Statu'les
- 2. State statutes or duly promulgated negulations should be enacted. if not already in place, to make cleaw State authority to car out the requirements or Public Law 95-404 Uranium Mill Tailings Radiation Control Act (UMMTCA) as follows:
- a. Authority to regulate the tailings or wastes produced by the extraction or concentration of uranium or thorium om any orn processed primarily for Its Source Material cstenL
- b. That an adequate surety (under terms established by regulation) will be provided by the licensee to assure the cm pletion of all mrquments establisbed by the (cite appropriate Stat agency) for the decontaminatlon.
lsloni.
and reclamation of altas. etructiaes. and equipment used in mnjuniction with the neration or disposl of sock byproduct materiaL
- a. If in tbe States licensing and regulation of bypiodac materaleorof any activity which pod byproduct mattaL the Sate 111sects bade from Gelmse
=I ftoset r Wait "am surveWane and ma-,* inteance materiaL the temeal amit of the bunds eollected by the State shall be transferred to the US. If custody of the byproduct material and Its disposal site IS trastaferred to the Federal Government upon termination of the State license. fSee 10 CFR 150.3-2.) If no default has occurred and the reclamation or other bonded activity has been performe. fiunds for the purpose are not to be transfered to the Federal Go% erinent. The funds collocted by the S:ate shall be sufficient to marue Compliance with the rngulatiesa the Commission establishes pursuant to Secton i6IX of the Atomic Energy Act
- d. In the issuances of hormes. an opportunity for written comments.
public hearing (with transcript) and cross examintion is required.
- e. In the Issuances Of licenses. a v-.7*ot.,
'.,minnation of the action to be t.Lt-n I::.
d upon evidenc presented during the public comment period and wiich is subject to jedicial re Vie Is required.
L A bas u solo
-Nw pier to I. An opportunity shall be provided for public participation throuh written comments, public bearir*s and Judicial review of rules.
20, In the enactment of an), supporting legislation. the State should take into account the reservations of authority to the US in uMCA as stited in 10 CFR uixula said summarisedl by the fbllowuIn
- a. Th establishmint of midimm slandardis so"veang reciabm 10101 itm Suvellance ator m
alnce. and ownership of the byprdct aterial
- b. The determinatbo thal p to the itermination of a bcansao t has cmplied with tmin deccommissioning and reaclamoation stanadards. and ownership requirements for sites at which byprdu material is present.
- r. The roquiroat that prior to earmination of any lices for byproduct material. as defined In Ssoniia Ua444 of the Atomic Energy Act me for any ativity that results in ohe Fpend of suc material ade to soch bypradict material and the disposal site be transferred to the Fedrl Goveirment or State at the option of e Slae prov~ided such option is malserisd prior to termination of the bicnse.
4t The nuthortity to raqwre, GO&
moneAtm mauintmane. and onaergency measureas afwe the hoese istoI tieminaled as nsary to Pect Ute public lalth and safety hr those imasterials and pioperty hr which the SMate asx essumd calaedy puounat so Pub. L 0-404.
- a. The authoaritv to permit we Of the seface or subsurface estate, m both of dh lan transerred wor United States er Stot pursuant under povsin of th L'ean*um Mill Radiation Tai lontrol ft rn ma"oty to etwl Imsd ownership transfer nq"im* mt* of Section bX3XA).
It it Is prefuule 6Ma State Iites mtein the pasim of llPH, O of ti model Act. out the followein my be cod.pLA by adoption of eiher prcdrsby regulaitionl or 110a"s November 30, 1988 MSAG-4
Q POLICY STATEMENTS
(
criteria In any case. authority fo, tLeit tiplermentation should be adequately supported by statute. regulation or case low as determined by the State Attorney GentraL in the baening and areaation of am prOcesed primarily for tei source asoterial content and for the disposal of pol-uct material procedies shell be established which provide a written nalysis of the impact on the environment of the Icensing activity.
Ths analysis shall be evoltlable to the public before commencement of hearins and hall Include-6
.Asn assessment of the radiological and nonrediological public health im cus; iass essment of any impact on mny body of water or roundwater.
. Cosideration of alternatives to the orensed activitier, and
- d. Consideration of iong-term Impacts of licensed activities (see Item bN4l).
SL State regulations should be reviewed for regulatory requirement.
and where necessary Incorporate reulatory laniguage which is equivalent to the extent practicable or more stringnt than resations and standards adopted and enforced by the Commission, as required by Section 374o (mee 10 CR 40 and Ia.CFR Oiardirotion*A eelotionships Witkir she Slowe
- 33. Organizations] relationships should be establihed which wil provide for an effective regulatory progrm for uranium coils and mWil tailings.
- a. Charts should be developed which show the management organization and bre, of authority. This chart should define the specific lines of siupervsion from program management within the sdia*ton control group and any other department within the State responsible for contributing to the reguation of uanium processing and disposal of taiog. When other State agencies or regional offices are utilized, the Lnes of communication and administrative control between the agencies and/or egons and the Progrs Director should be learly drawn.
- b. Those States that will utilize personnel -o other State Departments Of Forse*eal g*endas In the snvo*lrsomtal *"*a&ssmet shold desigate a lead agency for supeotslag end coordinating preparstion of this ocri-*rmental assesseont, Is bormally expected that ate radiction e8"on agency, In Agremem Sates will be tht lead agency. The basic premise is that the lead agency is requred to pMpMae the enironmental aa*uessamL Ufliaation of an applicants enilronmantal Teport to Use ofa lead 451 b ~q*1) ramasAMed tm t a U-D4)y Peiod 1p0sn4 "irt, wpbe mvie..
agency assessment of the proposed proMject is not adequate or approviate.
However. the lead agency may prepare an environmental assessment based open ang licansaeIro' menital report.
atherbedible Info*mation may be utilized by the State as IonM as such Information is verifted and documented by the State.
. Whoe saead agency Is designated.
that agency should coordinate preparation of the statement. The other spadenes involved should provide asuatena with respect to their we" of Juridiction and expertise. Factors ielevant bn obtainbg assistance from othar agensa Include the applicable statutory authority, the time sequence in which the agencles become Involved.
the mantude of their Involvement. and lative epertise with respect to the projecl's environmental effects.
In order to bring an envbionmental assessment to a satisfactory concusion.
It is highly recommended that an initia!
- coping document be developed which clearly delineates the area and scope of work to be performed by each agency within a given time constraint.
- d. For those areas in the environmental assesmert where the Btte cannot identily a State agency having sufficient expertise to adequately evaluate the proposal or prepare an assessment. the State should have provisions for obtaining outside consulting services. In those instances where non-governmenatal consultants are utilized, procedures should be established to avoid conflict of interest ccnsistent with State law and administrative procedures.
Medical consultants recognized for their expertise in emergency medical matters. such as the Oak Ridge and Hanford National Laboratories. relati:-g to the intake or uranium and its dianoais thereof associated with aranium mining and milling should be Identified and available to the State for advice and direct assistance.
During the budget preparation, the State should allow for funding costs Incurred by the use of consultanits. In addition. consultants should be avilable for any emergncis which may ocacu and for w i
oc their a
w.ld be needed minsditely.
Personelse
- 34. personnel seed In the mt of the license application un be londtified or gouped t so ie follou in8 skill TeclonleaL Ad=inisttivw and Si.
- a. Admini1strative personel ane fiese p
".s who saw pe."
ved. I
~.rvlcasniaiy oaain, compleaioa of the hemmnif scuom suppors pesonnel an tese psm
-bo provide acm-ariaL clerical a= legal.endlborosths7 a-ien To nrcal personael n Utee Individuals who have the t1ain g ad experience In radiation proteeion necessary to evaluate the ngirterins and reaological sfoty aspects of a
- &-Thiurn concantrator. C'rcnt
.ndications are that 2 to Ln total professional person run' effort is needed to process ae sw oonveonUoa mill license. In situ bom er major renwal, to meet tCh raquhemnst of UlM'rRCA. This nmber indasd the effort for the enlmOmntol assssmet and the "a-plant safetF mtaM. k Also Includes the use of mnumante, Heap leach applications masy la a ess IM e and is ecrpected to take is to 14 profession.al staff yeas' eGoL.
depending on th dMUmaanceS encounterd. Current Indications we tlwt~ ~ yar
- Uafpfor, u emt sor o rpport and k=Sa e.-vIce abumld be me semetary for approxumately 2 conventional mills sad %, sta ryear for leal services for each bonweteted mi case. The impact on envbtsimantra monitoring laboratory uppor sa-vices is deifcult to estimate but should be added into the pesonel rlq ets.
In adduL com hns tio should be it.v'rn to various miscellanom post-licensin ooIn1 actvities including the issuane of mi samendments.
inspections, and environmental vuyedlanca. ft is estiumated that these acthlltes may requin about 0.L to perwn years effort per licensed faciLIty per year. the lette being the case for a sJ (acuity.' Thos f do not include manpower Tide I ativitives o! U.fTRCA.
- b. In evaluating liceoe applications t6e State shall have Aces to ancessary specialities e&4-rediolo0cal safely.
b)-dloog3., geology and dam construction And oper8tion.
In addition to the personnal qualilocations listed in the -uide for Evauation of State Radiation Control Prepams." Rnis L Februar I.L UK the regulatory staff Involv in the egulato pV ms RadIation) shouid a.ve additional traii in Urnsem Ml Health FPyals and MW nvmmsantal Assessmoeat
.Personl is gmdm eher "han the bad sagecy ean i ld in Wis ttld wo yerar aembem. If ethe agencies Me counted in thease milis 6m IS Ash be demomtratad that thes e
pa I will be available on a e
and eatinuinm basio a deg"e atauid as *essary to mes comply Withthe reqoman of WMCA and thelts e
iL The sragesmanta for makIng Wee "Wh avallable sbash be imuntd osuhasl flol itragenc sunthms af 604derstadin and s
d b Iu A* 7bk Jbof a re tats s ld hev v prociedurs Me Den=&
eeon and preparation Of ee ma fS-AG-5 PS.AG B
Woemba so, 196
POUCY STATEMENETS I,
assessments should include In-plant vdiololcal safety aspects in occupctional or restrcted areas and Onironmental impacts to populations in wanrestrcted areas frm the plant, (1) It to expected that the State WMl review. evalattte and provide documentation of these evaluatios.
htems wh:ch should be evaluated are:
a) Proposed actvttime
) Scope of proposed action Specfc activites to be onductedi d) misutlve procedures; (e) Facility nzsa tion and sio"cloglcal safety responsibilities.
authorUtes. and personnel qualitcations; (1 licenset aUits and inspections:
( goadiation safety training programs for workers; (b) Radiation safety program mostrol and monltorlng (i) Restricted area markins and Occeo control; (j) At existins mills. review of monitoring data, exposure records.
licensee audit end inspection records, and other recoid. applicab~e to exysting mails; (k) E..ironmzental monltorlng (1) Emergency procedures.
rediologicalý (Im) Product transponetion; and (n) Site and physical decommissioning procedures, othe.r aw, tailings.
(o) Employee exposure data and bioassay programs.
- b. Di svironrmentaI Assessmenet (1) The environment&I evaluation should consist ofa detailed and docurmented evaluation of the following items:
(a) Topograpbly (b) Geology, (c) Hydrology and wtler quality (dl Metamorlogy, (e) Background rudiation (1) Tailings retention #)sitem (g) Interim stabilization. reclamati*o.
and Site Decommiuionin Propan (b) Radiological Dose Assessment, (1) Souw" telam (2) Exposure pathway (3) Dose commitment to individuals (4) Dose commitment to populations (5) Evealuation of rdiological itpacta to the public to include a determination of comnl*ance with S*
and Faderal guastions and comparisons with backeround values (6) Occupatlocal dose (7) Radiological impact to bit othager than man (8) Radiological monitoring programs.
pee. ccrtpatioual and operational (I) Impacts to surface and roumdwater. both quality and quaaltir
().uvironmena effects of amidents; and (k) Evaluation of tallings managaoSvt alternatives in terms of regulations.
- 12) roe States are encouraged to examine the need to expand the soe of the assessmen into Other smus much as:
(a) 160010a (b) Environmental Ollacts of site meperation and ftelity ooowucto an invitmmnt and biata:
(c) Eavircomenta effe cts of e and i9chaw o dianicuis nd] too ad 6d) Exonomic and acia effects.
- 6. ~mecio III As a minam. k which shouldf be-npeWe wor daft the bmpection o a Wasir am should adhere to the Item evaluated in the in-Plant Saet revi.
The Princpal lma
,smimed for Inspection ae (a)Admialstraudo, (b A P1 11 indudiog any edditiwo. deletions. or dr*;ut clsa 1c) Aocidentallnddelts (d) Part 2 or equivalent squinmuito of the State;
(#) Action taken an previous findings (M) A mill tour to determine sompliance with regulations, asd Ices icnditions:
tf) Tail*ngs waste management in accordance with regulations and lic*nrs conditions (see NRC Reg, Cuide 3*lL"*)
- f. Records:
(i) Respirator.y protection in accordance with licemse conditions or 10 CFR Part 20.
Ii) Effluent and ervirminental warnillcirqr, (k) Training programs; (I) Transportation and shippin".
(in) Internal review and audit by manaemeant (n) Exit interview: and (o) Final.rnilan report documenting the results of the Inspection and Winings an each item.
(2) 'Ins addition, the Inspector ahouli perform the follvwiner (a) Independent survey and samp~ling.
(3i Additional g*uiance Is contained in appropriate NRC regulatory and ispetiosu*
id A mewVt_
S.'n:",n %thould he performed atlest r.. ) v,*ar.
CL OCratia Do Review (1) In additim to tha rpori-UDg anremt
,quresd by the eqaat or conditions the lisee wUll sudbmit in wrt!ng to doe "tolark" agency within 80 days sftar saunary I and )uly of each yea.
ONet specilyft the quantity Of emac of h*e pmcipal trediactinshds aleada ti cnre%1iictd areas in squid and i aseoms emeunts ddtng the F
-i s a months delpuration 1 ta Tl be isported in a Sumner that will permit the Rieulattry asmay to Wam the potential mafm hescll dma be the ssobite S a; a n Period and ltequency. Tax data U~
he Nsspul7-A in a manner thgat we aglow thu ViVIalb11 agency in Wafions the deal in Imtm a The Stats should bove aeAmdbe both field and hlborstoy bgsirumm titon sudeW in surme t iunsee coto of Materianls and to wadust the,lW.
I'esmsmnts.
- a. The State will submIt lo IM of Inmtlamnta*a to the NOMC tor Ireew.
Aarranements shouald he made 6or Jatrettai such equlpoenL.
b Lahborat-type imtamnmaro obouldbe valhWe I a fa alencs rW thrug a asmercial nvc W hic as th capability for quanttative and qualitative analysis of eadioudidss a ed with iaura wanslm and Its decay chein. urimarlr. U-2La 3*4326 TWMao WZ42a and Ra-ZZ in a variety of sample maedia sou as will be encountered frmla -nw, l etal Sampling pOgFram.
Anal'sis and data reduction from bboratly anatia facilities sould be available to the licensing and inspection authorities in a timely manner.
Normally, the data sbould be available within 30 days of submitta. State acceptablity of quality assurance (QA)
Vpr amsu.
should also be eablished foe the analytical labor ies
- c. Airragements should als be completed so tht a lop SNOW of Samo$e tn a varetyof samupe media resulting from ama)w acmident mobe analysed inas timoe frm that will allow im-ely decisions to be made garding public health and safety.
- d. Arrangemnts should be made to participate to Uhe IEn%*lmmuw pteto quality assurance program for laboratory performasn 12 FR 21122
@bM~W~ 4f#7 Ewk~l of Arenm" st Im d-Caft Plop M%-
Cme r
i U. Nuim' 3Awiery Ansm Milal anWai 9WA of
.ad.pti as a
$1810111011 m
nt Of P1k7 SO i
s Agrvemt Steai Radiation Comail Auunm. This $W--' 01Pab in be" lamed in bl ues th 84almd te Public of the w*imi sadll gidline which the Cammimm 11111d1 is Wal in a puIN c frakelm danmm SPain Prpose.
0
-1111n m
illm 100mld A Nunbesi. si1.lLLo md Gem.lay Coad bit.DC XMYI.
U-C November 30, 1988
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION COMMISSIONERS:
Kenneth M. Carr, Chairman Kenneth C. Rogers James R. Curtiss Forrest J. Remick In the Matter of the Governor of
)
Idaho's request to return to the
)
United States the Idaho program
)
for the licensing and regulation
)
of byproduct material as defined in Section 11e.(1) of the Atomic
)
Energy Act of 1954, as amended,
)
source material and special nuclear
)
material in quantities not
)
sufficient to form a critical mass.
)
)
ORDER CLI 06 Pursuant to Section 274j.(I) of the Atomic Energy Act of 1954, as amended, the Commission grants the request of the Governor of Idaho for the Nuclear Regulatory Commission to accept the return of authority over the licensing and regulation in Idaho of byproduct material as defined by Section 11e.(1) of the Atomic Energy Act of 1954, as amended, source material and special nuclear material in quantities not sufficient to form a critical mass.
The Commission finds that this action is required to protect the public health and safety.
Idaho is an Agreement State.
Under the provisions of the Agreement, which became effective October 1, 1968, Idaho assumed and NRC relinquished authority for the licensing and regulation of byproduct material, source material and special nuclear material in quantities not sufficient to form a critical mass.
On November 9, 1982, Idaho returned to the NRC authority to regulate byproduct material as defined by Section 11e.(2) of the Atomic Energy Act of 1954, as amended.
By letter dated March 25, 1991, Governor Cecil Andrus advised the Commission of his decision to return Idaho's Agreement program to the NRC.
In his letter, the Governor indicated that he made this decision following a decision by the State Legislature not to fund the program for regulating radioactive materials subject to the Agreement at a level sufficient to meet NRC guidelines for adequacy to protect the public health and safety and compatibility with the NRC program.
In view of the State of Idaho's decision to return its Agreement program to the NRC, the Commission finds it necessary to accept return of the Idaho program, and effective April 26, 1991 at 12:01 a.m., Mountain Daylight Savings Time, terminates the Section 274b. Agreement between the NRC and the State of Idaho in its entirety, and reasserts NRC authority over the licensing and regulation in Idaho of byproduct material, as defined in Section 11e.(1) of the Atomic Energy Act of 1954, as amended, source material and special nuclear material in quantities not sufficient to form a critical mass.
1
.1 3
The Commission staff will review the files of the Idaho Department of Health and Welfare and will identify all relevant licensing documents for transfer to the NRC.
In order to aid in a smouth transition, the Commission deems it essential to maintain continuity in the licensing and regulatory obligations of the Idaho licensees whose dockets are being transferred to the NRC.
This continuity may be assured by keeping in effect on an interim basis all Idaho licenses as currently issued, until such time as the licenses may be modified, if necessary, to meet NRC standards, or such time as the licenses are renewed or reissued.
Therefore, the Commission hereby terminates, effective April 26, 1991 at 12:01 a.m. Mountain Daylight Savings Time, the Idaho Agreement and orders that, as of that date, all Idaho-issued licenses, license amendments, outstanding orders (if any), or other documents establishing obligations for specific licensees shall be deemed licenses issued or actions taken by the Commission, and such licenses or actions shall remain in effect by their existing terms as if initially issued by the Commission.
The Commission staff will review all transferred licensing documents and may provide for their revision in accordance with Commission regulations if necee lAe P
,ch licenses to meet applicable NRC requirements.
Ftr the Co ission the th~e mmssion Dated aý Rockville., Maryland this It-day of 09'4Lh1991.