ML20056C037
| ML20056C037 | |
| Person / Time | |
|---|---|
| Issue date: | 04/11/1991 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Harold Denton, Taylor J NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA), NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20056C038 | List: |
| References | |
| NUDOCS 9201170193 | |
| Download: ML20056C037 (2) | |
Text
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QUESTION 71 j' '
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- i UNITED STATES
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NUCLEAR REGULATORY COMMISSION
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i nasmorow. o.c. rosss Conv)ff April 11,'1'991 o
DFrect or fut SICa ( TA A W'
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MEMORANDUM FOR:
James K. Taylor ui Executive Director for Operations mg ((
g Harold F Denton, Director C3 office c. Governmental a Public Affairs TROM:
Samuel J. Chilk, Secreta 5(=y
SUBJECT:
COMKC-91-007 - IMPROVINCJ CC OPERATION WITH.
AGREEMENT STATES j
The Commission (with all Commissioners agreeing) directs the staff to develop a process that will ensure early and substantial involvement of the Agreement States in rulemakings and other URC regulatory efforts that affect facilities licensed under 10 CFR 30, 40, 61, and 70 or their State equivalents.
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efficient process for Agreement State cooperation, the staff,In developing an-consultation with the General Counsel and the Organization of in Agreement States (OAS),
components as a part of that process:should consider adopting the following Agreement State review of NRC's regulatory agenda o
(NUREG-0936) to identify rulemakings of importance to State programs.
Provide opportunity for substantive consultation o
between the Agreement States and staff during the i
development of potential rulemakings of importance to the States.
o Consultation on compatibility determinations that will be included in proposed rules.
Inclusion of Agreement State views in a separate o
section of Commission papers that transmit proposed rules, which have the potential to affect Agreement State licensees.
A tracking system to ensure that issues and concerns o
raised by the Agreement states are resolved.in a timely i
manner.
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2 The Cc= mission notes that GPA working closely with the OAS in developing the process should help ensure that the process will have the support of all concerned.
While work noves forward on establishing the process, though, it would be helpful to emphasize to the OAS that the Commission is looking forward to further discussions with the OAS at the upcoming Commission meeting.
i (EDO/GPA)
(SECY Suspense:
6/26/91)
The Commission also directs the staff to defer any further action to resolve the " Illinois 1 millirem issue" until the Commission rakes a decision on SECY-91-039.
cc:
Chairman Carr Commissioner Rogers Commissioner Curtiss Commissioner Remick 1
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-QUESTION 72 i
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JUN 3 1991 Ref: SP/LB ALL AGREEMENT STATES JURISDICTION - INDIAN LANDS (SP-91-76)
A recent Supreme Court decision regarding regulatory jurisdiction over certain chemicals used by non-Indian persons on Indian lands stated that attivities are not automatically, or even customarily, subject to State regulatory jurisdiction.
Since the decision appears to be contrary to the enclosed State Agreenents Program Internal Procedure D.8, we are asking your help in establishing a list of non-Indian fir.ns operating on Indian lands in your State.
Please provide their nares, addresses, license nunbers, type of licensee, and iraspection frequency.
We articipate having to consult with the Department of Interior to i
resolve these cases individually rather than generalizing as we have in the past.
mighds4md by VandyL We Vandy L. Miller, Assistant Director for State Agreements Program State Programs Office of Governrental and Public Affairs
Enclosure:
As stated i
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4
I STATE AGREEMENTS PROGRAM DIVISION I INTERNAL PROCEDURE Post-Agreement D.8 - Procedure for Activities Determination of Jurisdiction I.
Introduction A.
This procedure describes the process for resolving questions of jurisdiction; i.e., whether NRC or an Agreement State is the appropriate licensing agency in certain cases.
(NOTE -
Federal ownership of land does not necessarily mean that licensees are subject to NRC regulatory control when working on that site).
B.
A jurisdiction file containing appropriate supporting information is maintained by the State Agreements Program.
C.
Jurisdictional determinations are normally made on a case-by-case basis.
1.
Requests for jurisdictional determinations may be init'ated by any NRC organization or by an Agreenent State.
2.
Requests for jurisdictional determinations may be submitted to the State Agreements Program orally or in writing.
II. Reservations and General Precedents A.
A Section 274b Agreement, as implemented by 10 CFR 150, does not transfer regulatory authority to the States'over the following:
1.
Activities of Federal Agencies located in Agreement States.
2.
Activities involving special nuclear material in quantities sufficient to form a critical mass.
3.
Construction and operation of production and utilization facilities.
4.
Disposal of radioactive w&stes into the ocean or sea.
5.
Transfer of products to persons exempt from licensing.
Revision 2 9/2 /83
2 a
1
-l 6.
Import or export of source, byproduct, and special nuclear material.
7.
Indian companies operating on Indian lands.
8.
Activities aboard comissioned naval vessels.
B.
The State will exercise regulatory jurisdiction over:
1.
Private companies operating on Indian lands.
2.
Calibration standards for off-site monitors around reactors.
3.
Radiographers on reactor sites.
C.
Byproduct Material Intimately Mixed with large cuantities of Special Nuclear Material at Facilities within Agreement States:
1.
If the facility falls under the definition of " production or utilization facility" in 10 CFR 50.2, the NRC license covers all material.
2.
If the facility fall under the exceptions to the 1
definition of " production or utilization facility" in 10 CFR 50.2, separate licenses issued by the Agreement State and by the NRC cover the byproduct material and the special nuclear material, respectively.
D.
Off-shore Operations Outside the Territorial Waters of a State: 1. Persons using byproduct, source, or special nuclear material in offshore waters are not exempt from NRC regulation (10 CFR 150.7). III. Private Concerns Performing Work on Federally-owned or -controlled Lands Within Agreement States: A. Definitions - Categories of Legislative Jurisdiction 2_/ 1. Fxclusive legislative jurisdiction - only Federal laws sre applicable pursuant to the U.S. Constitution or through cession by a State. 1/ Special considerations are in effect for Louisiana. See the Memorandum of Understanding effective May 1,1967 and the Section 2741 Agreement effective May 1, 1967 entered into with Louisiana. 2/ More complete definitions are contained in the SA Jurisdiction ~ File. -Revision 2 9/2 /83 J
.l t . ( + i 1 2. Concurrent legislative jurisdiction - the State concerned has reserved to itself the'right to exercise concurrently with the Federal government all of the same authority. 3. Partial legislative jurisdiction - the State concerned has granted the Federal government certain of the State's authority but has reserved to itself the right to exercise, by itself or concurrently with the Federal government, other authority. 3/ 4. Proprietorial interest - the Federal government has acquired some right or title to an area in a State out has not obtained any measure of the State's authority over the area. 1 B. Procedure 1. The initial step is to consult the " Tabulation of Cases Where Jurisdictional Status Has Been Determined" 1ccated .in the Jurisdiction file, i 2. If a determination cannot be made according to paragraph 1, the Federal Agency whose facility is involved shall be contacted. A lis. of contact officials for several Federal Agencies is contained in the SAP Jurisdiction File. 3. If a jurisdiction question arises which involves a Federal Agency for which no contact has been established, inquiries shall be directed to those offices (normally in Washington, D.C.) which maintain the real estate for the Agency. C. Documentation 1. A memorandum to the files shall be prepared which describes the pertinent facts relating to the jurisdiction determination for a given location. ELD i concurrence shall be obtained on the memorandum. 3/ When property falls in this category, a determination must be made as to the type of authority reserved to the State; e.g., authority for public health protection. Revision 2 9/2 /83 ) I 1
_g. ( 2. The appropriate Regional State Agreements Representative should be contacted and informed of the jurisdictional issue when it arises and when a determination is made. 3. All appropriate NRC offices (Materials Licensing Branch and IE) and Agreement State organizations shall be informed of relevant determinations. t 4 i i Revision 2 9/2 /83 i 'i ]}}