ML19057A486
| ML19057A486 | |
| Person / Time | |
|---|---|
| Issue date: | 05/22/2019 |
| From: | Andrea Kock NRC/NMSS/DMSST |
| To: | O'Clair T State of ND, Dept of Health |
| Beardsley M | |
| Shared Package | |
| ML19052A436 | List: |
| References | |
| Download: ML19057A486 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 May 22, 2019 Mr. Terry L. OClair, Director North Dakota Department of Health Division of Air Quality, 2nd Floor 918 East Divide Ave.
Bismark, ND 58501-1947
Dear Mr. OClair:
We have reviewed your letter transmitting the proposed North Dakota legislation in Senate Bill No. 2037, received by our office on February 19, 2019. We note that the Senate Bill includes language relating to the disposal and storage of high-level radioactive waste.
The Nuclear Regulatory Commission (NRC) regulates the civilian use of radioactive materials to provide reasonable assurance of adequate protection of the public health and safety and to promote the common defense and security and to protect the environment. Section 274 of the Atomic Energy Act of 1954, as amended (AEA), allows the NRC to discontinue, and a state to assume through a Section 274 Agreement and a compatible regulatory program, certain regulatory authorities over materials enumerated in Section 274c. of the AEA. These materials are byproduct material, source material, and special nuclear materials in quantities not sufficient to form a critical mass.1 In September 1969, North Dakota entered into a Section 274 Agreement where the NRC discontinued, and North Dakota assumed, regulatory authority over byproduct material, source material, and special nuclear materials in quantities not sufficient to form a critical mass.2 However, Section 274 Agreements, generally, and North Dakotas Section 274 Agreement, specifically, does not discontinue NRCs regulatory authority regarding high-level radioactive waste. Therefore, regulating the disposal or storage of high-level radioactive waste by North Dakota is not within the scope of its Section 274 Agreement.
1 The AEA can be found in NUREG-0980, Vol. 1, Nuclear Regulatory Legislation: 113th Congress.
2 The Section 274 Agreement between the Atomic Energy Commission, the NRCs predecessor agency, and North Dakota can be found at https://scp.nrc.gov/special/regs/ndagreements.pdf.
T. O. Clair 2 If you have any questions regarding the review, please contact Michelle Beardsley, State Regulation Review Coordinator (Michelle.Beardsley@nrc.gov) at (267) 884-2305 or Stephen Poy at (301) 415-7135 (Stephen.Poy@nrc.gov).
Sincerely,
/RA Paul Michalak for/
Andrea L. Kock, Director Division of Material Safety, Security, State, and Tribal Programs Office of Nuclear Material Safety and Safeguards
ML19052A436 (Pkg) ML19057A486 (Ltr)
OFFICE ASPB ASPB OGC ASPB:BC MSTR:D NAME SPoy MBeardsley IIrvin NLO via PMichalak PMichalak for:
email AKock DATE 02/22/19 02/25/19 3/20/19 4/19/19 05/22/19