ML19158A440
| ML19158A440 | |
| Person / Time | |
|---|---|
| Issue date: | 06/07/2019 |
| From: | Paul Michalak Office of Nuclear Material Safety and Safeguards |
| To: | Hartley B, Obermeyer B Delaware Tribe Historic Preservation Office, Stockbridge Munsee Community of Wisconsin |
| Maria Arribas-Colon, NMSS/MSST 415-6026 | |
| References | |
| Download: ML19158A440 (5) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 June 7, 2019 Brice Obermeyer Director, Delaware Tribe Historic Preservation Office Roosevelt Hall, Rm 212 1200 Commercial St.
Emporia, KS 66801
SUBJECT:
STATE OF VERMONT FINAL APPLICATION TO ASSUME REGULATORY AUTHORITY OVER CERTAIN RADIOACTVE MATERIALS CURRENTLY HELD BY THE U.S. NUCLEAR REGULATORY COMMISSION
Dear Mr. Obermeyer:
The U.S. Nuclear Regulatory Commissions (NRC) Agreement State Program allows a State to assume regulatory authority for some types of nuclear material after review and approval of the States program by the NRC. States assume the authority to review and issue licenses and conduct inspections to ensure safety and security for activities involving these materials. On April 11, 2019, the Governor of Vermont sent its final application to the NRC to ask for an Agreement with the NRC to regulate certain types of radioactive materials (Agencywide Documents Access and Management System Accession No. ML19116A227). It is NRCs understanding that your tribe has interest in activities that could affect your ancestral lands and areas of cultural significance in the State of Vermont. Consequently, we are informing your tribe of this action in accordance with our Tribal Policy Statement at https://www.nrc.gov/about-nrc/state-tribal/tps.html. Additional information on the Vermont Agreement process and links to NRC and Vermont documents related to the Agreement application process can be found on our Web site at https://www.nrc.gov/about-nrc/state-tribal/agreement-states/vermont.html. We periodically update this Web site at each milestone in the Agreement process and provide links to documents related to the Agreement.
The NRC approves an Agreement after finding the States radiation control program is adequate to protect public health and safety and compatible with the NRCs nuclear materials program.
Under the proposed Vermont Agreement, the State would assume regulatory authority over byproduct material, source material and special nuclear material less than critical mass quantities at 36 academic, commercial and medical facilities across the State. The NRC would continue to regulate the use of radioactive material at federal facilities within the State and the Vermont Yankee Nuclear Power Plant.
In compliance with the Commissions policy1, the NRC staff prepared a draft assessment of the States final application and anticipates publishing the draft assessment and draft Agreement in the Federal Register. We will inform you when the Federal Register notice is published to afford you the opportunity to provide comments. If an Agreement is finalized, the NRC will discontinue its regulatory authority over radioactive materials covered under the Agreement. The NRC will then transfer regulatory authority and related licenses to the State of Vermont on the effective 1 NRC Statement of Policy was published in the Federal Register, on January 23, 1981 (46 FR 7540-7546), a correction was published on July 16, 1981 (46 FR 36969) and a revision of Criterion 9 was published in the Federal Register, on July 21, 1983 (48 FR 33376).
B. Obermeyer date of the Agreement. After the Agreement goes into effect, licensing actions taken by the State of Vermont will be subject to the States environmental and historic preservation laws, not federal laws such as the National Environmental Policy Act or the National Historical Preservation Act.
If you or other tribal officials would like additional opportunities to discuss the Agreement State Program and Vermonts proposed program, please contact Mr. Duncan White in the State Agreements and Liaison Programs Branch at (301) 415-2598, or by e-mail at Duncan.White@nrc.gov.
Sincerely,
/RA/
Paul Michalak, Chief State Agreements and Liaison Programs Branch Office of Nuclear Material Safety and Safeguards cc: W. Irwin, VT Department of Health
ML19158A440 OFFICE MSST MSST* MSST MSST MArribas-Colon DWhite THerrera for PMichalak NAME HGonzalez DATE 06/07/19 06/06/19 06/07/19 06/07/19 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 June 7, 2019 Bonnie Hartley Tribal Historic Preservation Officer Stockbridge Munsee Community, Wisconsin 65 1st Street Troy, NY 12180
SUBJECT:
STATE OF VERMONT FINAL APPLICATION TO ASSUME REGULATORYAUTHORITY OVER CERTAIN RADIOACTVE MATERIALS CURRENTLY HELD BY THE U.S. NUCLEAR REGULATORY COMMISSION
Dear Mr. Hartley:
The U.S. Nuclear Regulatory Commissions (NRC) Agreement State Program allows a State to assume regulatory authority for some types of nuclear material after review and approval of the States program by the NRC. States assume the authority to review and issue licenses and conduct inspections to ensure safety and security for activities involving these materials. On April 11, 2019, the Governor of Vermont sent its final application to the NRC to ask for an Agreement with the NRC to regulate certain types of radioactive materials (Agencywide Documents Access and Management System Accession No. ML19116A227). It is NRCs understanding that your tribe has interest in activities that could affect your ancestral lands and areas of cultural significance in the State of Vermont. Consequently, we are informing your tribe of this action in accordance with our Tribal Policy Statement at https://www.nrc.gov/about-nrc/state-tribal/tps.html. Additional information on the Vermont Agreement process and links to NRC and Vermont documents related to the Agreement application process can be found on our Web site at https://www.nrc.gov/about-nrc/state-tribal/agreement-states/vermont.html. We periodically update this Web site at each milestone in the Agreement process and provide links to documents related to the Agreement.
The NRC approves an Agreement after finding the States radiation control program is adequate to protect public health and safety and compatible with the NRCs nuclear materials program.
Under the proposed Vermont Agreement, the State would assume regulatory authority over byproduct material, source material and special nuclear material less than critical mass quantities at 36 academic, commercial and medical facilities across the State. The NRC would continue to regulate the use of radioactive material at federal facilities within the State and the Vermont Yankee Nuclear Power Plant.
In compliance with the Commissions policy1, the NRC staff prepared a draft assessment of the States final application and anticipates publishing the draft assessment and draft Agreement in the Federal Register. We will inform you when the Federal Register notice is published to afford you the opportunity to provide comments. If an Agreement is finalized, the NRC will discontinue 1
NRC Statement of Policy was published in the Federal Register, on January 23, 1981 (46 FR 7540-7546), a correction was published on July 16, 1981 (46 FR 36969) and a revision of Criterion 9 was published in the Federal Register, on July 21, 1983 (48 FR 33376).
B. Hartley its regulatory authority over radioactive materials covered under the Agreement. The NRC will then transfer regulatory authority and related licenses to the State of Vermont on the effective date of the Agreement. After the Agreement goes into effect, licensing actions taken by the State of Vermont will be subject to the States environmental and historic preservation laws, not federal laws such as the National Environmental Policy Act or the National Historical Preservation Act.
If you or other tribal officials would like additional opportunities to discuss the Agreement State Program and Vermonts proposed program, please contact Mr. Duncan White in the State Agreements and Liaison Programs Branch at (301) 415-2598, or by e-mail at Duncan.White@nrc.gov.
Sincerely,
/RA/
Paul Michalak, Chief State Agreements and Liaison Programs Branch Office of Nuclear Material Safety and Safeguards cc: W. Irwin, VT Department of Health