ML20039D638
| ML20039D638 | |
| Person / Time | |
|---|---|
| Issue date: | 12/15/1981 |
| From: | Kerr G NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Otoole W NEW YORK, STATE OF |
| References | |
| NUDOCS 8201050297 | |
| Download: ML20039D638 (40) | |
Text
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U Ref: SA/KNS UNITED STATES e Mco
'o, NUCLEAR REGULATORY COMM:sslON
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DEC 151981 Mr. William O'Toole Acting Industrial Commissioner New York State Department of Labor 2 World Trade Center New York, New York 10047
Dear Mr. O'Toole:
This is to inform you, based on the results of the NRC review and correspondence with the Department of Labor, that the NRC staff believes that the New York State Department of Labor program for regulation of agreement material is adequate to protect the public health and safety, and is compatible with the Nuclear Regulatory Commission's program.
In your letter dated June 11, 1981, the question cf funding was raised.
As discussed in a letter to Mr. Carl Mattee on April 25, 1981, NRC does not have the authority under the Atomic Energy Act to provide funds to the Agreement States to operate their programs.
The Final Task Force Report on the Agreement States program, published December 1977 (NUREG-0388), recommended that the Commission seek authority from Congress to provide limited funds to those States which are working actively toward Agreement status.
The Task Force considered the idea of furnishing operating funds to the Agreement States on a continuing basis but did not recommend it because it did not believe that the States had fully explored all funding alternatives.
At the present time, 12 Agreement States, including New York City Department of Health are charging radiation user fees.
NRC charges such fees in the 24 States in which we have
- t relinquished jurisdiction over activities involving byproduct source and special nuclear material in quantities less than a critical mass.
Therefore, in 36 of the 50 States, fees are charged.
The NRC is in the process of revising the Model State Legislation including Radiation User Fees.
We have enclosed for your information the draft State Radiation Control Act dated October 15,1981 (see Section 9 which pertains to fees). We suggest you consider the option of charging fees to help defray the cost of the programs.
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Mr. William O'Toole 1-
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' We appreicatn your reponse to our correspondence and will continue to a
work with you and-your staff.
Sincerely,
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[OfficeofState. Programs
. Wayne Kerr, Director
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Enclosure:
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BCT 15 1981 Suggested State Legislation STATE RADIATION CONTROL ACT The Council of State Governments' SUGGESTED STATE LEGISLATION - PROGRAM FOR 1961 included a model State Radiation Control Act which has been used by many of the states as a framework for developing comprehensive radiation control programs. Since publication of the model act, numerous changes have occurred in federal and state radiation control programs for which revised and additional provisions to the model act are needed. Therefore, this model act is a complete updating of the 1961 act which may be enacted in its entirety or which may be used on a section-by-section basis as discussed below to amend existing state legislation.
Twenty-six states have entered into agreements, pursuant to the model act and the Atomic Energy Act of 1954, as amended, with the U.S. Nuclear Regulatory Commission or its predecessor, the U.S. Atomic Energy Commission.
Under these agreements the Commission has discontinued and the states have assumed regu-latory authority over most radioactive materials that are subject to the Atomic Energy Act.
These agreement states and most of the nonagreement states also regulate radiation generatinq equipment and those radioactive materials that are not included in the authority and regulatory program of the Commission.
The Public Health Service Act authorizes the Food and Drug Administration to advise and promote cocperation between the states on matters relating to protecting the public against radiation hazards and to obtain from state and local authorities, on a reimbursable basis or otherwise, assistance in the
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< administration and enforcement of certain sections of that act.
In the past, the Food and Drug Administration's Bureau of Radiological Health has assigned radiation specialists to state health departments to assist in the development of comprehensive radiation control programs.
Public Law 90-602, The Radiation Control for Health and Safety Act of 1968, provides for the protection of public health and safety from the dangers of electronic product radiation emitted as the result of the operation of an electronic circuit in such product.
In addition to prescribing performance standards and regulations for electronic products, this Act authorizes the Food and Drug Administration, through the Bureau of Radiological Health, to make recommendations relating to electronic product radiation hazards and control. While the-authority:of FDA for issuing standards or regulations under P.L.90-602 is limited to product performance. standards, the states may complement federal regulations by developing their own regulations on the use of electronic products which emit radiation so long as their regulations are identical to federal standards with respect to the same aspects of electronic product performance.
Suggested model legislation on nonionizing radiation from electronic products was drafted by the Bureau of Radiological Health in 1969. A number of states adopted that legislation as an emendment to their Radiation Control Act which already included ionizing radiation from electronic products (e.g. x-rays) or as a separate Electronic Products Radiation Control Act. This present revision of the model State Radiation Control Act has been broadened to cover both ionizing and nonionizing radiation.
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- s. The model act of 1961 contained several alternatives for the administrative organization of state radiation control programs. The coordinator and commis-sion approaches, which combined regulatory and development activities, were originally adopted by a few states but these have been-discontinued.
All agreement state programs are now conducted by radiation control agencies and none of these agencies has developmental responsibilities for nuclear activities. The radiation control agercy is usually an organizational com-ponent of a state agency such as the department of health, but it may also be an independent agency.
Section 4 of the act now contains only the radiation control agency alternative from the 1961 act.
Provisions have been added to this section for a limited coordinator function in those states which divide regulatory authority between more than one agency. This coordinator will review rules and procedures of the multiple agencies -to assure: consistency and to prevent unnecessary duplication, inconsistencies or gaps in regulatory requirements.
Section 5 has been revised to delete the provisions for a Radiation Advisory Board because it is considered inappropriate to assign policy and decision-making responsibilities to board members who are not public employees and who, in some cases, would also be licensees or registrants. The new Section 5 authorizes the appointment of an Advisory Committee on Radiation to make recommendations and furnish advice as requested by the agency, but this advisory committee would not have line responsibility for agency policy or decisions.
The use of an advisory committee on radiation is no longer. con-sidered essential but is still desired by some states; therefore, the enactment of Section 5 will be at the option of the state.
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o,1 New Section 7 contains provisions required by the Uranium Mill Tailings Radiation Control Act of 1978 (UMTRCA), which amended the Atomic Energy Act, for the decommissioning, reclamation and custody of uranium and thorium mill tailings disposal sites. The procedural requirements of UMTRCA for public participation in licensing of source material processing and related mill tailings management, environmental impact analysis, and judicial review have been added as subsections (c), (d) and (e) to the section on Administrative Procedure and Judicial Review which is renumbered Section 16.
The detailed provisions of this model act relating to source material mills and mill tail-ings may be omitted by states in which uranium or thorium are not produced, but they are essential for any state in which these source materials are produced if the state wishes to regulate them under a State-NRC agreement.
The procedural-requirements oftsubsectionss16(c),1(d) and (e) are applicable to licenses for disposal of low-level radioactive waste as well as to source material mill tailings and should he enacted for such licensing.
The Low Level Radioactive Waste Policy Act of 1980, the National Governors Association and the State Planning Council on Radioactive Waste Management have endorsed a policy of state responsibility for providing the availability' of capacity for disposal of low-level radioactive waste and regional implement-ation of such facilities. A similar policy statement has been added to Section 1 of the model act.
New Section 8 authorizes the negotiation of regional interstate compacts for low-level radioactive waste disposal, the acquisition of land for disposal sites and the establishment of a low-level waste disposal service. The responsibility for high-level radioactive waste management rests.with the federal government and is not included in this model act.
's 5-The General Accounting Office, in a review of the Agreement States program, recommended that the states charge user fees to offset, at least partially,
- the cost of administering their radiation control programs. New Section 9 provides for the radiation control agency to collect user fees for services of registration, licensing, inspection and environmental surveillance.
t The surety provisions of UMTRCA and recommendations of the Conference of Radiation Control Program. Directors' task force on bonding and perpetual care of licensed nuclear facilities have been combined into a new Section 10,
' Surety Requirements. UMTRCA does not require the states to assess funds from state licensees for reclamation or long-term care of source material mill tailings sites, but it does require that if such funds are collected by a state, they must be sufficient to ensure compliance with' standards established:
'--' -i by the Nuclear Regulatory Commission pursuant to UMTRCA.
The Nuclear Regu-latory Commission recommends, however, that Agreement States require'the same-type of financial protection from their licensees as the Commission requires from its licensees pursuant to UMTRCA, Under Section 10, licensees would be required to provide financial surety to ensure closure, decommissioning and reclamatiun of source material mills, mill tailings disposal sites and facili-ties for disposal of low-level radioactive waste prior to license termination, and to provide long-term care funds to cover custodial services for mill tail-ings disposal sites and waste disposal sites after license termination. The agency would also be authorized to require surety or long-term care funds for other types of licensed activity.
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D The section on penalties, renumbered 20, now includes authority for the states
- to assess and col 7ect civil monetary penalties for violations of licensing or registration requirements. This is similar to NRC's authority under Section 234 of the Atomic Energy Act and -it provides an alternative and effec-tive enforcement penalty which is more Severe than correspondence about corrective action and less severe than license suspensf or..or revocation. or criminal penalties.
Othe" sections of the model act have been renumbered to permit the new l
sections to be added in logical sequence.
This model Radiation Control Act is limited in its scope to providing enabling legislation. for.a regulatory program for, radioactive materials and40therz -
sources of radiation. However, a comprehensive state radiation protection program includes other activities such as emergency planning and response for radiation incidents and accidents, environmental surveillance, and surveil-lance of radioactive material transportation which are not entirely regulatory activities or which may involve activities regulated by other agencies such as' the Nuclear Regulatory Commission and U.S. Department of Transportation.
If' authority for such activities is not contained elsewhere in state statutes, the state may wish to add appropriate provisions for enactment as part of this act.
The Occupational Safety and Health Act of 1970 provides 'for-the protection of employees against hazardous occupational conditions, including radiation exposure, in virtually every private workplace in the nation. However, this
. act excludes employees of Nuclear Regulatory Commission contractors and licensees and agreement state licensees with respect to working conditions involving byproduct, source and special nuclear materials as these materials are defined in and regulated pursuant to the Atomic Energy Act of 1954, as amended.
Employers using sources of radiation other than byproduct, source and special nuclear materials under license or registration of an agreement state are also deemed, under certain conditions, to be in compliance with the Department of Labor regulations promulgated pursuant to the Occupational Safety and Health Act.
The Occupational Safety and Health Act is adminstered through a system of compliance inspections and various employer and employee assistance programs.
These efforts are undertaken either by:the federal government directly-or. tar 4 ~ 4-. x m. 'Y.
those states which operate occupational safety and health programs that are parallel in scope and purpose to the federal program and that are approved by the Assistant Secretary of Labor.
i Since the vehicle for oroviding occupa+.ional safety and health coverage may be either through direct federal action or by the state under the authority of an approved state occupational safety and health program, any state contemplating new or revised radiation protection legislation for sources of radiation not excluded from Department of Labor authority should consider the effect such legislation would have on the current safety.and health program for such sources.
8 Suggested Legislation
[ Title should conform to state requirements.]
(Be it enacted, etc.)
1 Section 1.
Declaration of Policy.
It is the policy of the State of 2
in furtherance of its responsibility to protect 3 the [ occupational and] public health and safety and the environment:
4 (1) to institute and maintain a regulatory program for sources of 5 ionizing and nonionizing radiation so as to provide for (a) compatibility 6 and equivalency with the standards and. regulatory programs of-the federal =
7 government, (b) [a single,] [an integrated,] effective system of regu-8 lation within the state, and (c) a system consonant insofar as possible 9 with those of other states; 10 (2) to institute and maintain a program to permit development and 11 utilization of sources of radiation for peaceful purposes consistent with 12 the health and safety of the public; and 13 (3) to provide for the availability of capacity either within or outside 14 the state for the disposal of low-level radioactive waste generated within 15 the state except for waste generated as a result of defense or federal 16 research and development activities and to recognize that such radioactive 17 waste can be most safely and efficiently managed on a regional basis.
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1 Section 2.
Purpose.
It is the purpose of this act to effectuate the 2 policies set forth in Section 1 by providing for:
3 (1) a program of effective regulation of sources of radiation for the 4 protection of the [ occupational ariu; public health and safety; 5
(2) a program to promote an order'y regulatory pattern within the 6 state, among the states and between the federal government and.the state 7 and facilitate intergovernmental cooperation with respect to use and 8 regulation of sources of radiation to the end that duplication of regu-9 lation may be minimized; 10 (3) a program to establish procedures for assumption and performance 11 of certain regulatory responsibilities with respect to byproduct, source 12 and special nuclear materials and radiation generating equipment; and 13 (4) a program to permit utiliza*,iN of sources 'of radiation consistent:
14 with the health and safety of the public.
1 Section 3.
Definitions.
l The need for definition of terms enclosed in brackets is a matter of discretion with the state. The definitions not enclosed in brackets are terms of art and should be used.
2 (a) Byproduct material means (1) any radioactive material (except special nuclear material) 3 4 yielded in or made radioactive by exposure to the radiation incident to S the process of producing or utilizing special nuclear material, and f
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(2) the tailings or wastes produced by the extraction or concentration 7 of uranium or thorium from any ore processed primarily for its source material 8 content.
9 (b) Civil oenalty means any monetary penalty levied on a licensee or 10 registrant because of violations of statutes, regulations, licenses or 11 registration certificates, but does not include criminal penalties.
12 (c) Closure or Site closure means all activities performed at a waste 13 disposal site, such as stabilization and contouring, to assure that the 14 site is in a stable condition so that only minor custodial care, surveil-15 lance and monitoring are necessary'at the site following termination of 16 licensed operation.
17 (d) Decommissioning means final operational activities at a facility 18 to dismantle site structures, to decontaminate site.. surfaces.and' remaining 19 structures, to stabilize and contain residual radioactive material, and 20 to carry out any other activities to prepare the site for postoperational 21 care.
22 (e) Disposal of low-level radioactive waste means the isolation of 23 such waste from the biosphere by emplacement in a land burial facility.
24 (f) High-level radioactive waste means:
25 (1) irradiated reactor fuel, 26 (2) liquid wastes resulting from the operation of the first cycle 27 solvent extraction system, or equivalent, and the concentrated wastes 28 from subsequent extraction cycles, or equivalent, in a facility for-3 reprocessing irradiated reactor fuel, and 30 (3) solids into which such liquid wastes have been converted.
i 1
11 31
[(g) License -- General and Specific]
32
[(1) General license means a license effective pursuant to regulations 33 promulgated by the [ agency] without the filing of an application with the 34 [ agency] or the_ issuance of licensing documents to particular persons to 35 transfer, acquire, own, possess or use quantities of, or devices or 36 equipment utilizing, radioactive material.]
The term " agency" appears in brackets throughout this Act. Wherever it so appears, the name of the appropriate agency or agericies should be inserted.
37
[(2) Specific license means a license, issued to a named person upon 38 application filed pursuant to the regulations promulgated pursuant to 39 this.act,.to use,. manufacture,, produce, transfer, receive,= acquire,'or 40 possess quantities of, or devices or equipment utilizing, radioactive 41 material.]
42 (h) Low-level-radioactive waste means radioactive waste not classified 43 as high-level radioactive waste, transuranic waste, spent nuclear fuel 44 or byproduct material as defined in subsection 3(a)(2).
45 (i) Persor means any individual, corporation, partnership, firm, 46 association, trust, estate, public or private institution, group, agency 47 of this state other than [ agency], political subdivision of this state, 48 any other state or political subdivision or agency thereof, and any legal 49 successor, representative, agent, or agency of the foregoing, but not 50 including federal government agencies.
51 (j) Radiation means ionizing radiation and nonionizing radiation.
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12 52 (1) Ionizing radiation means gamma rays and X-rays; alpha and beta-53 particles, high-speed electrons, neutrons, protons, and other nuclear 54 particles; but not :ound or radio waves, or' visible, infrared or 55 ultraviolet light.
57 (2) Nonionizing-radiation means 58 (A) Any electromagnetic radiation, other than. ion.izing electro-
'b 59 magnetic radiation, and 60 (B) Any sonic, ultrasonic or infrasonic wave.
61 (k) Radiation generating equipment means any manufactured product or 62 device, or component part of such a product or device, or any machine or 63 system which during cperation can generate or emit radiation except those 64 which emit radiation only from radioactive material.
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[(1) Radioactive material means any material,(solid,_ liquid or. gas).
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f 66 which emits ionizing radiation spontaneously.
It includes accelerator-67 produced, byproduct, naturally occurring, source and special nuclear 68 materials.]
69 (m) Registration means registration with the-[ agency] in accordance 70 with rules or regulations adopted pursuant to this ~act.
71 (n) Source material means (1) uranium or thorium, or any combination 72 thereof, in any physical or chemical form; or (2) ores which contain by 73 weight one-twentieth of one percent (0.05 percent) or more of (i)' uranium, 74 (ii) thorium, or (iii) any combination thereof.
Source material does not 75 includa special nuclear material.
76 (o) Source material mill tailings means the tailings:or wastes produced 77 by the extraction or concentration of uranium or thorium from any ore pro-78 cessed primarily for its source material conte.'t, including discrete
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e 79 surface wastes resulting from underground solution extraction pro' cesses i
c' 80 but not including underground ore bodies depleted by such solution
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m-81 extraction processes.
y 82 (p) Source material millina means any processing of ore, including \\ f -
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e 84 pose of extracting or. concentrating uranium or thorium therefrom and-
,a 85 which results in the production of scurce material mill tailings.
86 (q) Sources of radiation means, collectively, radioactive material and 87 radiation generating equipment.
88 (r) Special nuclear material means (1) plutonium, uranium 233, and-89 uranium enriched in the isotope 233 or in the isotope 235, but coes not-
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90 include source material; or (2) any material artificially enriched by any
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91 of the foregoing, but does<not= include source material.
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92 (s) Spent nuclear fuel means irradiated nuclear fuel that has underg,one-93 at least one year's decay since being used as a source of energy in a
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94 power reactor.
Spent fuel includes the special nuclear material, bypro,-
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96 with fuel assemblies.
- E 97 (t) Transuranic waste means radioactive waste containing alpha emitting \\
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5 98 transuranic elements, with radioactive half-lives greater than five years, 99 in excess of 10 nanocuries per gram.
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n 100 (u) [ Additional definitions may be included.]
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1 s,Section 4.
State Radiution CItthl Agency.
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9 (5 T,he ((h<
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] shall 10 [ designate an individual to] be Direc' tor of the [ agency), hereinafter 7
11 referred to as the Director, who shall perform the functions vested in 12,the [ agency] pursuant to tQe grovisions of.this act.
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'If-an independent State Radiation Control Agency is created, the Governor i
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I ' 13 (c) In,accordance with the laws of the state, the [ agency] may employ, i
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's 14 compensate,- and prescribe the pow;rs.and duties of such individuals as if may be 'na essary to carry out the provisions of this act.
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15 18 (1) Develop programs for evaluation and control of hazards 19 associated with use of sources of radiation; 20 (2) Develop programs with due regard for compatibility with federal 21 programs for regulation of byproduct, source, and special naclear materials; 22 (3) Develop programs with due regard for consistency with federal 23 programs for regulation of radiation generating equipment.
24 (4) Formulate, adopt, promulgate and repeal codes, rules and 25 regulations, which may provide for licensing and/or registration, relat-26 ing to control of sources of radiation with due regard for compatibility 27 with the regulatory programs of the federal government; 28 (5) Issue such orders or modifications thereof as may be necessary 29 in connection with proceedings under Section 6 of this<act [or cite 9
30 appropriate act];
This power is intended fue use in conjunction with any licensing authority.
The act or acts providing thin authority should be cited.
31 (6) Advise, cons ~ ult, and cooperate with other agencies of the l
32 state, the federal government, other states and interstate agencies, i
33 political subdivisions, and other organizations concerned with control of l
34 sources of radiation; l
35 (7) Have the authority to accept and administer loans, grants or j
36 other funds or gifts, conditional or otherwise, in furtherance of its 37 functions, from the federal government and from other sources, public or 38 private; i
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16 39 (8) Encourage, participate in, or conduct studies, investigations, 40 training, research and demonstrations rel: ting to control of sources of 41 radiation; and 42 (9) Collect and disseminate information relating to control of 43 sources of radiation, including:
44 (A) maintenance of a file of all license applications, issuances, 45 denials, amendments, transfers, renewals, modifications, suspensions and 46 revocations; 47 (B) maintenance of a file of registrants possessing sources of 48 radiation requiring registration under the provisions of this act [or 49 cite appropriate act] and any administrative or judicial action pertain-50 ing thereto; and 51 (C) maintenance of a file of all'of the [ agency's] rules and- -
52 regulations relating to regulation of sources of radiation, pending or 53 promulgated, and proceedings thereon.
j Subsections (e) and (f) which follow are recommended for those states i
l in which regulatory responsibilities for radiation are assigned to two or more agencies. The state may want to assign this coordinating function to a committee representing tne several agencies instead of to a single coordir stor.
!L 54
[(e).[The governor shall designate a] [
shall serve as]
j 155 Coordinator'of Radiation Activities.[between or among] the (designated
- 56. agencies). The coordinator shall:
- 57
[(1) consult with and review regulations and procedures of the 58 agencies to. assure consistency.and to prevent unnecessary duplication, L-
- 59. inconsistencies or gaps in regulatory requirements.]
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17 60
[(2) review [before and] af ter the holding of any public hearing 61 required under the provisions of this act [or cite appropriate. state.
62 administrative procedure act] prior to promulgation, the proposed rules 63 and regulations of all agencies of the state relating to use and control 64 of radiation, to assure that such rules and regulations are consistent 65 with rules and regulations of other agencias of the state.
[ Proposed 66 rules and regulations shall not be effective until days after sub-67 mission to the coordinator, unless either the governor or the coordinator 68 waives all or part oi such day period.]
The waiting period should run concurrently with any waiting period required by any other state law.
69
[(3) When the coordinator determines that proposed rules or regu-70 lations are inconsistent with rules or regulations of other agencies of 71 tne state, consult with the agencies involved in an effort to resolve 72 such inconsistencies.
Upor. notification by the coordinator that such 73 inconsistency has not been resolved, the governor may find that the pro-74 posed rules or regulations or parts thereof are inconsistent with l
75 rules or regulations of other agencies of the state and may issue an order 76 to that effect in which event the proposed rules or regulations or parts 77 thereof shall not become effective. The goveenor may, in the alternative, 78 upon a similar determination, direct the appropriate ager.cy or agencies to 79 amend or repeal existing rules or regulations to achieve consistency with 80 the proposed rules or regulations.]
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18 If the coordinator is to be a position separate from an existing position, add appropriate provisions for appointment, remuneration, etc.
81
[(f) The several agencies of the state [and political subdivisions]
82 shall keep the coordinator fully and currently informed as to their 83 activities relating to [ development and] regulation of sources of 84 radiation.]
1 Section 5.
Advisory Committee on Radiation 2
(a) The [ insert appropriate official] is authorized to appoint an
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3 Advisory Committee on Radiation consisting of members 4 with training and experience in the various fields in which sources of 5 radiation-are'used. Members'of-the committe9:shall' serve >at.the-dis---
6 cretion of the [ insert appropriate official] and [ receive no salary 7 for services but may be reimbursed for actual expenses incurred in con-8 nection with attendance at committee meetings or for authorized l
l 9 business of the committee.]
[, when on business of the committee,'be 10 entitled to receive compensation at the rate of [
dollars 11 per dies] [in accordance with
] and may be reimbursed for actual 12 expenses incurred].
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- 13 (b) The committee, if appointed, shall make recommendations to the i:
14 [ cite appropriate official] and furnish such advice as may be requested.
15 by the [ agency] on' matters relating to the regulation of sources of 16 radiation.
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19 ALTERNATE I (Shnrt Form) 1 Section 6.
Licensing and Registration of Sources of Radiation.
2 (a) The [ agency] shall provide by rule or regulation for [ general or 3 specific] licensing of [ byproduct, source and special nuclear materials]
4 [ radioactive material] [ radioactive material not under the authority of 5 the U.S. Nuclear Regulatory Commission,] or devices or equipment utilizing 6 such material [s].
Such rule or regulation shall provide for amendment, 7 suspension or revocation of licenses.
8 (b) The [ agency] is authorized to require registration [or licensing]
9 of other sources of radiation.
10 (c) The [ agency] is authorized-to exempt certain sources of radiation 11 or kinds of uses or users from the licensing'or registration requirements
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12 set forth in this section wF.en the [ agency] makes a finding that the 13 exemption of such sources of radiation or kinds of uses or users will not 14 constitute a significant risk to the health and safety of the public.
15 (d) Rules and regulations promulgated pursuant to this act [or cite 16 appropriate act] may provide for recognition of other state or federal l
17 licenses as the [ agency] may deem desirable, subject to such registration 18 requirements as the [ agency] may prescribe.
Cite state act giving the affected agency of the state the authority to promulgate rules and regulations.
20 ALTERNATE II (Long Form) 1 Section 6.
Licensing and Registration of Sources of Radiation.
2 (a) The [ agency] shall provide by rule or regulation for [ general or 3 specific] licensing of [ byproduct, source and special nur. lear materials]
4 [ radioactive material] [ radioactive material not under the authority of 5 the U.S. Nuclear Regulatory Commission] or devices or equipment utilizing 6 such material [s].
Such ru'i or regulation shall provide for amendment, 7 suspension or revocation of licenses.
Such rule or regulation shall 8 provide that:
9 (1) Each application for a [ specific] license shall be in writing 10 and shall state such information as the [ agency] by rule or regulation, 11 may determine to'be necessary to-decide the technical and/ financial 12 qualifications or any other qualifications of the applicant as the 13 [ agency] may deem reasonable and necessary to protect the [ occupational 14 and] public health and safety.
The [ agency] may at any time after the 15 filing of the application, and before the expiration of the license, 16 require further written statements and may make such inspections as the 17 [ agency] may deem necessary in order to determine whether thi license 18 should be modified, suspended or revoked.
All applications and state-19 ments shall be signed by the applicant or licensee. The [ agency] may 20 require any applications or statements to be made under oath or affirm-21 ation; 22 (2) Each license shall be in such form and contain such terms and 23 conditions as the [ agency] may by rule or regulation prescribe,
21
-24 (3) No license issued under the authority of this act [or cite 4
25 appropriate act] and no right to possess or utilize sources of radiation 26 granted by any license shall be assigned or in any manner disposed of 27 unless the [ agency] shall, after securing full information, find that 28 the transfer is in accordance with the provisions of this act, and shall 29 give its consent in writing; and 30 (4) The terms and conditions of all licenses shall be subject te 31 amendment, revision, or modification by rules, regulations or orders 32 issued in accordance with the provisions of this act [or cite appropriate 33 act].
34 (b) The [ agency] is authorized to require registration or licensing of 35 other sources of radiation.
36 (c) The [ agency] is authorized'to exempt certain sources of radiation-
.s 37 er kinds of uses or users from the licensing or registration requirements
~
38 set forth in this section when the [ agency] makes a finding that the 39 exemption of such sources of radiation or kinds of uses or users will not 40 constitute a significant risk to the health and safety of the public.
41 (d) Rules and regulations promulgated pursuant to this act [or cite 42 appropriate act] may provide for recognition of other state or federal 43 licenses as the [ agency] shall deem desirable, subject to such registration 44 requirements as the [ agency] may prescribe.
Where the clause "[or cite appropriate act]" appears throughout the remainder of the act, cite act or acts which provide for regulation of sources of radiation.
22 1
Section 7.
Source Material Processing and Related [ Byproduct 2 Material] [ Mill Tailings]
3 (a) Custody of disposal sites 4
(1) Any radioactive materials license issued or renewed after 5 the effective date of this section for any activity which results in the 6 production of [ byproduct material as defined in Section 3(a)(2)] [ source 7 material mill tailings] shall contain such terms and conditions as the 8 [ agency] determines to be necessary to assure that, prior to termination 9 of such license:
10 (i) the licensee will comply with decontamination, decommission-11 ing, and reclamation standards prescribed by the [ agency], which shall be 12 equivalent, to the extent practicable, or more stringent than those of the 13 U.S. Nuclear Regulatory Conmission for; sites (A)- at which. ores.were -
14 processed primarily for their source material content, and (B) at which 15 such [ byproduct material is] [ mill tailit.gs are] deposited; and 16 (ii) ownership of any disposal site and such [ byproduct 17 material] [ mill tailings] which resulted from the licensed activity 18 shall, subject to the provision of Section 7(a)(2), be transferred 19 to.(A) the United States or (B) the state if the state exercises the 20 option to acquire land used for the disposal of such [ byproduct 21 material] [ mill tailings].
22 Any license which is in effect on the effective date of this section 23 and which is subsequently terminated without renewal shall comply with 24 subsections (i) and (ii) upon termination.
25 (2)(i) The [ agency] shall require by rule, regulation, or order 26 that prior to the termination of any license which is issued after the
o s
23 27 effective date of this section, title to the land, including any 28 interests therein (other than land held in trust by the United States 29 for any indian tribe or owned by an indian tribe subject to a restriction 30 against alienation imposed by the United States or land already owned by 31 the United States or by the state) which is used pursuant to such license 32 for the disposal of [ byproduct material as defined in Section 3 (a)(2)]
33 [ source material mill tailings] shall be transferred to (A) the United 34 States, or (B) the state unless the U. S. Nuclear Regulatory Commission 35 determines prior to such termination that transfer of title to such land 36 and such [ material] [ mill tailings] is not necessary or desirable to 37 protect the public health, safety or welfare or to minimize danger to 38 life or property.
39 (ii) if. transfer to the state of title to such [ byproduct
~
40 material] [ mill tailings] and land is required, the [ agency] shall, 41 following the U.S. Nuclear Regulatory Commission's determination that the 42 licensee has complied with applicable standards and requirements under 43 his license, assume title to such [ material] [ mill tailings] and land and 44 maintain such [ material] [ mill tailings] and land in such manner as will 45 protect the public health and safety and the environment.
The agency designated in paragraphs (a)(2)(ii) and (iii) may be the agency designated in Section 8 for custody and operational management of radioactive waste disposal facilities or may be the radiation control agency designated in Section 4.
0 24 46 (iii) The [ agency] is authorized to undertake such monitoring, 47 maintenance and emergency measures as are necessary to protect the public 48 health and safety for those materials and property for which it has 49 assumed custody pursuant to this act.
50 (iv) The transfer of title to land or [ byproduct materials as 51 defined in Section 3 (a)(2)] [ source material mill tailings] to the 52 United States or the state shall not relieve any licensee of liability 53 for any fraudulent or negligent acts done prior to such transfer.
54 (v) [ Material] [ Mill tailings] and land transferred to the 55 United States or the state in accordance with this subsection (a) shall 56 be transferred without cost to the United States or the state other 57 than administrative and 1egal costs incurred by the United States or tne 58 state.in carrying out-such transfer e
59 (b) In licensing and regulation of [ byproduct material as defined in 60 Section 3 (a)(2)] [ source material mill tailings] or of any activity 61 which results in the production of [ byproduct material as so defined]
62 [such tailings], the [ agency] shall require compliance with applicable 63 standards promulgated by the [ agency] which are equivalent, to the extent 64 practicable, or more stringent than, standards adopted and enforced by the l
65 U. S. Nuclear Regulatory Commission for the same purpose, including 66 requirements and standards promulgated by the U. S. Environmental 67 Protection Agency.
i 1
Section 8 Low-level-Radioactive Waste Disposal 2
(a) The [ agency] is authorized to enter into negotiations for a 3 compact with other states for the establishment and operation of a 4 regional facility for disposal of low-level radioactive waste.
L
25 5 Any such compact, before being put into effect, shall be ratified by the 6 legislatures of the several states and consented to by the Congress of the 7 United States.
To avoid the appearance of conflict of interests between regulatory and operational responsibilities, the agency designated in subsections (a), (b), (c) and (d) for custody and operational management of facilities for the disposal of radioactive waste should not be the same agency as designated in Section 4 as the radiation control agency.
The licensing agency desig-nated in subsection (d) (third reference) and in subsection (e) is the radiation contrcl agency and the regulatory agency having jurisdiction in sub-section (c) is either the radiation control agency or the U.S. Nuclear Regulatory Commission.
8 (b) The state is authorized to accept or acquire, by gift, transfer or 9 purcnase, from another government agency or private person, suitable sites 10 including land and appurtenances for the disposal of low-level radio-11 active waste.
Sites received by gift or transfer are subject to approval 12 and acceptance by the [ agency on behalf of the] state.
13 (c) Lands and appurtenances which are used for the disposal of 14 low-level radioactive waste shall be acquired in fee simple absolute and 15 used exclusively for such purpose, unless or until the regulatory agency 16 having licensing jurisdiction over the site determines that such exclusive 17 use is not required to protect the public health, safety, welfare, or 18 environment.
Before such site is leased for other use, the regulatory 19 agency shall require and assure that the radioactive waste history of the
26 2'
site be recorded in the permanent land records of the site. All radioactive 21 material accepted by the [ agency] or by any agent of the [ agency] for 22 disposal on a radioactive waste disposal site shall become the property 23 of the state.
24 (d) The [ agency] is authorized to arrange for the availability of a 25 service for disposal of low-level radioactive waste by contract [or agency]
26 operation of a disposal site acquired pursuant to subsection (b) or 27 already owned by the stute.
A contract operator shall be subject to the 28 surety and long-term care funding provisions of Section 10 of this act 29 and to appropriate licensing by the U.S. Nuclear Regulatory Commission 30 or by the [ agency] under an agreement pursuant to Section 13 of this Act.
31 (e) The [ agency] shall not approve any application for.a license to 32 receive radioactive waste from other' persons for disposal ~on land not -
33 owned by the state or federal government.
1 Section 9.
Radiation User Fees.
2 (a) The [ agency] shall prescribe and collect such fees as may be 3 established by regulation for radiation protection services provided 4 under this Act.
Services for which fees may be established include 5
(1) registration of radiation generating equipment, and other 6 sources of radiation, 7
(2) issuance, amendment and renewal of licenses for radioactive 8 materials, 9
(3) inspections of registrants or licensees, and 10 (4) environmental surveillance activities to assess the 11 radiological impact of activities conducted by licensees.
i_
27 e
t 12
. (b) In. determining rates of such fees, the [ agency] shall, as an i
13 objective, obtain sufficient funds therefrom to reimburse the state for all or 3
14' a substantial portion of the direct and indirect costs of the radiation protec-15-tion services specified in subsection (a).
The [ agency] shall.take into account L
16 any special arrangements between the state and a registrant, licensee, 17' another state or a federal agency whereby the cost of the service is 18 otherwise partially or fully recovered.
j.
19 (c).Notwithstanding the provisions of subsection (a), fees.for 20 registration of radiation generating equipment and other sources of 21 radiation and for licenses for radioactive materials shall not be a
22 required for an agency of the state or any political subdivision thereof.
23 (d) The [ agency].may, upon application by an interested person, or on
- 24 its own initiative, grant-stch exemptions' fromethe requirements of'this' -
~5 25 section as it determines are in the public interest. Applications for 26 exemption under this paragraph may include activities such as, but not 27 limited to, the use of licensed materials for educational or noncom-28 mercial displays or scientific collections.
29
'(e) When a registrant or licensee fails to pay the applicable fee, 30 'the [ agency] may suspend or revoke the registration or license or may 31 ' issue an appropriate order.
1 Section 10.
Surety Requirements 2
(a) For licensed activities involving source material milling, source i
3 material ~ mill tailings.and disposal Jf low-level radioactive waste the c4 [ agency] shall, and for other classes ~ of licensed activity the [ agency]
5 may, establish by rule oc regulation standards and procedures to ensure W
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28 6 that the licenste will provide an adequate surety or other financial 7 arrangement to permit the completion of all requirements established by 8 the [ agency] for the decontamination, closure, decommissioning and recla-9 mation of sites, structures and equipment used in conjunction with such 10 licensed activity, in case the licensee should default for any reason in 11 performing such requirements.
Acceptable sureties would include bonds issued by fidelity or surety companies authorized to do business in [ state], cash deposits, certificates of deposit, deposits of government securities, irrevocable letters or linas of credit, trust funds, escrow accounts or such other types of arrangements, but not including any arrangement which essentially constitutes self insurance.
~
This subsection-(a) can be amended, if desired,'to'roquire the surety to
' ~
also ensure payment of the long-term care funds required by subsection (c).
12 (b) All sureties required pursuant to subsection (a) which are 13 forfeited shall be paid to the [ agency] for deposit by the [ state 14 treasurer] in a special fund called the [radiatico site closure and 15 reclamation fund]. All monies in this fund are hereby appropriated and 16 may be expentsd by the [ agency] as necessary to complete such requirements 17 on which licensees have defaulted. Monies in this fund shall not be used 18 for normal operating expenses of the [ agency].
The state may want to consider ways of maximizing this fund by authorizing the investment of unexpended monies of the fund in a manner consistent with state policy and statutes.
29 19 (c) For licensed activities involving the disposal of source material 20 mill tailings and disposal of low-level radioactive waste the [ agency]
21 shall, and for otner classes of licensed activity when radioactive material 22 which will require surveillance or care is likely to remain at the site 23 after the licensed activities cease the [ agency] may, establish by rule 24 or regulation standards and procedures to ensure that the licensee, before 25 termination of the license, will make available such funding arrangements 26 as may be necessary to provide for long-term site surveillance and care 27 (d) All funds collected from licensees pursuant to subsection (c) 28 shall be paid to the [ agency] for deposit by the [ state treasurer] in a 29 special fund called the [ radiation long-term care fund].
All funds 30 accrued as interest on monies deposited in this fund are hereby appropri-31 ated and may be expended by the-[ agency] for the continuing long-term
+
32 surveillance, maintenance and other care of facilities from which such 33 funds are collected as necessary for protection of the public health, 34 safety and environment.
Notwithstanding any other provisions of this 35 subsection, if title to and custody of any radioactive material and its 36 disposal site are transferred to the United States upon termination of 37 any license for which funds have been collected for such long-term care, 38 the collected funds and. interest accrued thereon shall be transferred to l
L 39 the United States.
l The state may want to authorize appropriations and expenditures from the corpus of this' fund to carry out the purposes of subsections (c) and (d) and may want to maximize this fund by authorizing the investment of the corpus and i
unexpended appropriated interest in a manner consistent with state policy and statutes.
I
s 30 40 (e) The sureties or other financial arrangements and funds required by 41 subsections (a) and (c) shall be established in amounts sufficient to 42 ensure compliance with thosE standards, if any, established by the U. S.
43 Nuclear Regulatory Commission pertaining to closure, decommissioning, 44 reclamation and long-term site surveillance and care of such facilities 45 and sites.
46 (f) In orJer to provide for the proper care and surveillance of sites 47 subject to subsection (c) and which are not subject to section 7 or 8, 48 the [ state] [ agency on behalf of the state] may acquire by gift or trans-49 fer from another government agency or private person, any land and 50 appurtenances necessary to fulfill the purposes of this section.
Any 51 such gift or transfer is subject to approval and acceptance by the 52 [ state] [ agency].
53 (g) The [ agency] mcy by contract, agreement, lease or license with 54 any person, including another state agency, provide for the decontamina-55 tion, closure, decommissioning, reclamation, surveillance or other care 56 of a site subject to this section as needed to carry out the purposes 57 of this section.
58 (h) In the event a person licensed by any governmental agency other 59 than [ state] [ agency] desires to transfer a site to the state for the 60 purpose of administering or providing long-term care, a lump sum deposit 61 shall be made to the [ radiation long-term care fund]. The amount of such.
62 deposit shall be determined by the [ agency] taking into account the 63 factors stated in subsections (c) and (e) of this section.
64
[(i) All state, local, or other government agencies, shall be exempt 65 -from the requirements of subsections (a) and (c).]
- - _ -----_-- _____-_ - - _-____d
o 31 1
Section 11.
Inspection.
The [ agency] or its duly authorized 2 representatives shall have the power to. enter at all reasonable times-3 upon any private or public property for the purpose of determining 4 whether or not there is compliance with or violation of the provisions of -
5 this act [or cite appropriate act] and rules and regulations issued 6 thereunder, except that entry into areas under the jurisdiction of the 7 federal government shall be effected only with the concurrence of the 8 federal government or its duly designated representative.
9 10 Section 12.
Records. The [ agency] is authorized to require by rule, 11 regulation or order, the keeping of such records with respect to activi-12 ties under licenses and registration certificates issued pursuant to this 13 Act as may be necessary to effectuate the' purposes of this Act; These 14 records shall be made available for inspection by, or copies thereof 15 shall be submitted to, the [ agency] on request.
1 Section 13.
Federal-State Agreements.
2 (a) The governor, on behalf of this state, is authorized to enter into P
3 agreements with the U. S. Nuclear Regulatory Commission pursuant to l
i 4 Section 27db of the Atomic Energy Act of 1954, as amended, providing for 5 discontinuance of certain of the Commission's licensing and related i
6 regulatory authority with respect to byproduct, source and special nuclear i
j 7 materials and the assumption of regulatory authority therefor by this state.
i
[
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L.
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32 8
(b) Any person who, on the effective date of an agreement under 9 subsection (a) above, possesses a license issued by the U.S. Nuclear 10 Regulatory Commission for radioactive materials subject to the agreement 11 shall be deemed to possess a like license issued under this act [or cite 12 appropriate act], which shall expire either 90 days after receipt from 13 the [ agency] of a notice of expiration of such license, or on the date of 14 expiration specified in the Nuclear Regulatory Commission license, 15 whichever is earlier.
1 Section 14.
Inspection Agreements and Training Programs.
2 (a) The [ agency] is authorized to enter into [, subject to the 3 approval of the governor,] an agreement or agreements with the U.S.
4 Nuclear Regulatory Commission pursuant to Section'274i of the Atomic Energy Act of 1954,as amended, other federal government agencies as 5
6 authorized by law, other states or interstate agencies, whereby this 7 state will perform on a cooperative basis with the commission, other l
l 8 federal government agen.".es, other states or interstate agencies, f
9 inspections or other functions relating to control of sources of 10 radiation.
11 (b) The [ agency] may institute training programs for the purpose of 12 qualifying personnel to carry out the provisions of this act [or cite 13 appropriate act], and may make said personnel available for participation 14 in any program or programs cf the federal government, other states or 15 interstate agencies in furtherance of the purposes of this act [or cite 16 appropriate act].
l i
i
e 33 1
Section 15.
Conflicting Laws. Ordinances, resolutions or regulations, 2 now or hereafter in effect, of the governing body of a municipality or.
3 county or of state agencies other than the agency [ies] named in Section 4 4 relating to byproduct, source and special nuclear materials shall not be 5 superseded by this act; Provided, That such ordinances or regulations are 6 and continue to be consistent with the provisions of this act, amendments 7 thereto and rules and regulations thereunder.
1 Section 16.
Administrative Procedure and Judicial Review.
2 (a) In any proceeding for the issuance or modification of rules or 3 regulations relating to control of sources of radiation, the [ agency]
4 shall provic~e an opportunity for public participation.through written 5 comments'or a public-hearing.
6 (b) In any proceeding for the denial of an application for license or 7 for revocation, suspension or modification of a license, the [ agency]
8 shall provide to the applicant or licensee an opportunity for a hearing 9 on the record.
10 (c) In any proceeding for licensing ores processed primarily for 11 their source material content and disposal of [ byproduct material as 12 defined in section 3(a)(2)] [ source material mill tailings] or for 13 licensing disposal of low-level radioactive waste, the [ agency] shall 14 provide; 15 (1) an opportunity, after public notice, for written comments and 16 a public hearing, with a transcript; 17 (2) an opportunity for cross examination; and
9 34 18 (3) a written determination of the action to be taken which is 19 based upon findings included in the deteraination ana upon evidence 4
20 presented during the public comment period.
21 (d) In any proceeding for licensing ores processed primarily for 22 their source material content and disposal of [ byproduct material as 23 defined in Section 3(a)(2)] [ source material mill tailings] or for licens-24 ing disposal of low-level radioactive waste, the [ agency] shall prepare, 25 for each licensed activity which has a significant impact on the human 26 environment, a written analysis of the impact of such licensed activity 27 on the environment. The analysis shall be available to the public before 28 the commencement of hearings held pursuant to subsection (c) and shall 29 include:
30 (1) an assessment'of-the radiological and nonradiological impacts j
31 to the public health; 32 (2) an assessment of any impact on any waterway and groundwater; 33 (3) consideration of alternatives, including alternative sites and 34 engineering methods, to the activities to be conducted; and 35 (4) consideration of the long term impacts, including decommis-36 sioning, decontamination and reclamation of facilities and sites associated 37 with the licensed activities and management of any radioactive materials 38 which will remain on the site after such decommissioning, decontamination 39 and reclamation.
40 (e) The [ agency] shall prohibit any major construction with respect to 41 any activity for which an environmental impact analysis is required by 42 subsection (d) prior to completion of such analysis.
-e 35 43 (f) Whenever the [ agency] finds that an emergency exists requiring 44 immediate action to protect the public health and safety, the [ agency).
45 may, without notice or hearing, issue a regulation or order reciting the 46 existence of such emergency and requiring that such action be taken as is 47 necessary to meet the emergency.
Notwithstanding any provision of this 48 act [or cite appropriate act], such regulation or order shall be effective 49 immediately.
Any person to whom such regulation or order is directed 50 shall comply therewith immediately, but on application to the [ agency]
51 shall be afforded a hearing within days.
On the basis of such 52 hearing, the emergency regulation or order shall be continued, modified 53 or revoked within [30] days after such hearing.
54 (g) Any final agency action or order entered in any proceeding under
^
55 subsections (a), (b),'(c)'and (f) above shall be subject to judicial' 56 review by the [ appropriate court] in the manner prescribed in [ cite 57 appropriate state act setting out procedure for appeal.]
11 Section 17.
Injunction Proceedings. Whenever, in the judgment of the 2 [ agency], any person has engaged-in or is about to engage in any acts or 3 practices which constitute or will constitute a violation of any pro-4 vision of this act [or cite appropriate act], or any rule, regulation or i'
5 order issued thereunder, [and at the request of the agency,] the Attorney 6 General may make application to the [ appropriate court] for an order
- 7. enjoining such acts or practices, or for an order directing. compliance, 8 and upon a showing by the [ agency] that such person has engaged or is 9.about to engage in any such acts or practices, a permanent or temporary
.10- injunction, restraining order, or other order may be granted.
o 36 1
Section 18.
Prohibited Uses.
It shall be unlawful for any person to 2 use, manufacture, produce, distribute, sell,, transport, transfer, install, 3 repair, receive, acquire, own or possess any source of radiation unless 4 licensed by or registered with the [ agency] in conformance with rules and 5 regulations, if any, promulgated in accordance with the provisions of 6 this act.
1 Section 19.
Impounding. The [ agency] shall have the authority in the 2 event of an emerrency to impound or order the impounding of sources of 3 radiation in the possession of any person who is not equipped to observe 4 or fails to observe the provisions of this act or any rules or regulations 5 issued thereunder.
1 Section 20.
Penalties.
2 (a) Criminal penalties. Any person who [ willfully] violates any of 3 the provisions of this act [or cite appropriate act] or rules, regulations i
4 or orders of the [ agency] in effect pursuant thereto shall upon conviction 5 thertof, be punished by [ fine, imprisonment, or both].
6 (b) C'vil penalties 7
(1).Any person who (i) violates any licensing or registration 8 provision of this act or any rule, regulation, or ordar issued there-9 under, or any term, condition or limitation of-any license or regis-10 tration certificate issued thereunder, or (ii) commits any violation 11 for which a license or registration certificate may be revoked under 12 rules or regulations issued pursuant to this act may be subject to a 13 civil penalty, to be imposed by the [ agency], not to exceed [ insert
o 37 14 appropriate dollar amount].
If any violation is a continuing one, each -
15 day of such violation shall constitute a separate violation for the pur-16 pose of computing the applicable civil penalty. The [ agency] shall have 17 the power to compromise, mitigate, or remit such penalties.
18 (2) Whenever the [ agency] proposes to subject a person to the 19 imposition of a civil penalty under the provisions of this subsection (b),
20 it shall notify such person in writing--
21 (i) setting forth the date, facts, and nature of each act or 22 omission with which the person is charged; 23 (ii) specifically identifying the particular provision or 24 provisions of the section, rule, regulation, order, license or registra-25 tion certificate involved in the violation; and 26 (iii) advising of each penalty which'the'[ agency] proposes-27 to impose and its amount.
28 Such written notice shall be sent by registered or certified mail by-29 the [ agency] to the last known address of such person.
The person so i
30 notified shall be granted an opportunity to show in writing, within such 31 reasonable period as the [ agency] shall by rule or regulation prescribe, 32 why such penalty should not be imposed. The notice shall also advise such 33 person that upon-failure to pay the civil penalty subsequently determined 34 by the [ agency], if any, the penalty may be collected by civil action.
Any person upon whom a civil penalty is imposed may appeal such action pursuant to [ state administrative procedure act].
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38 35 (3) On the request of the [ agency], the [name appropriate state 36 agency, e.g., attorney general] is authorized to institute a civil action 37 to collect a penalty imposed pursuant to this subsection (b).
The [name 38 appropriate state agency, e.g., attorney general] shall have the exclusive 39 power to compromise, mitigate, or remit such civil penalties as are 40 referred to him for collection.
41 (4) All monies collected from civil penalties shall be paid to tne 42 [ state treasurer] for deposit in the general fund. Monies collected from 43 civil penalties shall not be used for normal operating expenses of the 44 [ agency] except as appropriations are made from the general fund in the 45 normal budgetary process.
1 Section 21.
Authorization of Appropriations. '[ Insert appropriate ~
2 section.]
1 Section 22.
Severability.
[ Insert appropriate section.]
1 Section 23.
Repeal.
[ Insert appropriate section.]
l l
1 Section 24.
Effective Date.
[The provisions of this act relating to 2 the licensing and regulation of byproduct, source and special nuclear 3 materials shall become effective on the effective date of the agreement 4 between the U. S. Nuclear Regulatory Commission and this state as provided 5 in Section 13 of this act or on [ insert effective date], whichever occurs l
6 later. The other provisions of this act shall take effect on [ insert 7 effective date].]
__