ML20062C778
| ML20062C778 | |
| Person / Time | |
|---|---|
| Issue date: | 10/17/1990 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Harold Denton NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA) |
| References | |
| REF-10CFR9.7 NUDOCS 9011020126 | |
| Download: ML20062C778 (23) | |
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UNITED STATES f ' m, <
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RELEASED TO THE POR
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October 17, 1990
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MEMORANDUM FOR:
Harold R. Denton, Director Office of Governmental and Public Affairs f
FROM:
Samuel J. Chilk, Secretarhk 7
SUBJECT:
SECY-90-253 - PROPOSED AMllN) TENT NUMBER ONE TO THE AGREEMENT BETWEEN WU STATE OF ILLINOIS AND U.S. NUCLEAR REGULATORY r
COMMISSION PURSUANT TO SECTION 274 OF THE ATOMIC ENERGY ACT OF 1954, AS AMENDED This is to advise you that the Commission (with all Commissioners agreeing) has approved the proposed amended agreement with Illinois subject to the attached revisions to the proposed letters to Governor Thompson and the Congressional Committees; the proposed public announcement; and the Federal Register Notice.
If and when the State of Illinoic proposes to impose alternative requirements, the State's submittal, together with the staff's analysis and recommendations regarding that submittal (including the type of hearing to be conducted and the scope of issues for that hearing), should be submitted to the Commission for its consideration.
The staff should submit to the Commission recommendations with regard to how it should go about carrying out its section 274o responsibilities in the other Agreement States with lle.(2) byproduct authority, in a manner that will ensure that the Commission will be in a position to -- (i) provide notice and opportunity for a public hearing in the event that the State proposes to impose alternative requirements at sites covered under such Agreements; and (ii) determine whether such alternative requirements will achieve a level of protection that is equivalent to or more stringent than that afforded by the Commission's regulations.
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The staff should proceed with coordination of the signing of the agreement by mail.
Attachments:
As Stated cc Chairman Carr Commissioner Rogers commissioner Curtiss Commissioner Remick i
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UNITED $TATES NUCLEAR REGULATORY COMMISSION n
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%, *... *,e' CHAIRMAN The Honorable James R. Thompson 4
Governor of Illinois Springfield, Illinois 62706 l
Dear Governor Thompson:
I am pleased to inform you that the Nuclear Regulatory Commission (NRC) has approved your proposed Amendment to the Agreement under which the NRC will discontinue and the State of Illinois will assume replatory authority over 11e. (2) byproduct material and the facilities that produce 11e.(2) byproduct material in accordance with Section 274 of the Atomic Energy Act, as amended.
The commission has determined that the Illinois program for regulation of 11e.(2) byproduct material and the facilities that produce 11e.(2) byproduct material generally is compatible with the Commission's program for the regulation of>like materials and adequate to protect the public health and safety with respect to the materials covered by the proposed amendment.
- However, certain standards adopted by Illinois differ from the standards adopted and enforced by the Commission for the same purpose.
In accordance with the requirements of Section 274o of the Atomic Energy Act, the Commission evaluated those differing standards in general, without reference to a particular site, and determined that those standards are adequate for purposes of amending the Commission's agreement with Illinois.
If, at some time in the future, the State seeks to apply those or other differing 4
I standards to a particular site, including the West Chicago Rare Earths Facility site, Section 274o requires the Commission to provide further notice and opportunity for a public hearing and to determine whether the State's differing standards will achieve a level of stabilization and containment of that site, and a.
level of protection for public health, safety, and the environment from both radiological and nonradiological hatards associated with the site, which is equivalent to, or more stringent than, the level which would be achieved by any requirements adopted and enforced by the Commission for the same purpose.
In order to enable the commission to carry out its responsibilities under Section 274o of the Atomic Energy Act to provide notice and opportunity for a public hearing in the event i
that the State proposes to impose alternative requirements at 4
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l sites covered under this agreement, as well as to permit the commission to determine whether such alternative requirements will achieve a level of protection that is equivalent to or more stringent than that afforded by the Commission's regulations, the State shall notify the Commission in advance of when the State proposes to impose standards that differ from those established by the Commission.
This includes all instances where the State's proposed alternative requirements, as contained either in specific State regulations or as proposed for application at a specific site, -- (1) are either more or less stringent than the l
requirements established by the Commission; (2) address matters where the Commission has affirmatively decided not to impose requirements; (3) involve the exercise'by the State of its authority to grant exemptions from requirements established by the State; or (4) add to or remove the flexibility that would otherwise be available to the licensee in complying with NRC's standards.
Following notification by the State, and prior to the Commission's publication of a notice, we would ask that the State i
present the rationale for the application of such alternative requircments, together with an analysis of whether such alternative requirements will achieve a level of protection that is equivalent to or more stringent than that afforded by the Commission's regulations.
I am pleased to enclose three (3) copies of the Agreement for your signature.
Following your execution of the Amendment to the Agreement, please return two (2) copies to NRC.
The third copy is for retention by the State.
On behalf of the Commission, I congratulate you, your staff, and the State of Illinois for taking this important step in Federal-State relations.
Sincerely, Kenneth M. Carr Enclosure As Stated 4
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The Honorable Morris K. Udall, Chairman Subcommittee on Energy and the Environment Committee on Interior and Insular Affairs United States House of Representatives Washington, DC 20515
Dear Mr. Chairman:
We are pleased to advise the Committee that, pursuant to Section 274 of the Atomic Energy Act of 1954, as amended, entitled
" Cooperation With States," the Commission on approved a proposed amendment to the Agreement with the State of Illinois under which the State will assume regulatory authority over 11e.(2) byproduct material and the facilities that produce 11e.(2) byproduct material.
Also, enclosed is a copy of the public announcement which we issued.
1 In his proposal requesting that the Commission amend the Agreement with the State, Governor Thompson certified that the State of Illinois has a program for the control of radiation hazards adequate to protect the public health and safety with respect to the materials covered by the proposed amendment to the Agreement, and that the State desires to assume regulatory responsibility for such materials.
The proposed amendment to the Agreement and the staff's assessment of the proposed State program were published in.the Federal Reaister for public comments as required by Section 274e of the Atomic Energy Act, as amended.
Copies of the proposal were made available for public inspection at the Commission's Public Document Room.
The Commission has determined that the Illinois program for regulation of 11e.(2) byproduct material and the facilities that produce 11e.(2) byproduct material generally is compatible with the Commission's program for the regulation of like materials and adequate to protect the public health and safety with respect-to the materials covered by the proposed amendment.
- However, certain 11e.(2) standards adopted by Illinois differ from.the standards adopted and enforced by the Commission for the same purpose.
In accordance with the requirements of Section 274o of the Atomic Energy Act, the Commission evaluated those differing 11e.(2) standards in general, without reference to a particular i
s site, and determined that those standards are adequate for purposes of amending the Commission's agreement with Illinois.
If, at some time in the future, the State seeks to apply those or other differing standards to a particular site, including the West Chicago Rare Earths Facility site, Section 274o requires the Commission to provide further notice and opportunity for a public hearing and to determine whether the State's differing standards will achieve a level of stabilization and containment of that i
site, and a level of protection for public health, safety and the environment from both radiological and nonradiological hazards associated with the site, which is equivalent to, or more stringent thin, the level which would be achieved by any requirements adopted and enforced by the Commission for the same purpose.
The Agreement was executed on 1990 with an effectivo date of 1990.
Sincerely, i
Dennis K. Rathbun, Director Congressional Affnirs Office of Governmental and Public Affairs
Enclosures:
As Stated cc:
Representative James V. Hansen I
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PROPOSED PUBLIC ANNOUNCEMENT NRC APPROVES AMENDMENT TO ILLINOIS AGREEMENT ALLOWING STATE TO CONTROL MILL TAILINGS The Nuclear Regulatory Commission has approved an amendment to the Agreement with Illinois under which that State will assume regulatory authority over uranium and thorium mills and mill tailings.
The amended agreement will become effective nn 1990.
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There is one site in Illinois which contains mill tailings, i
the Kerr-McGee Chemical Corporation's West Chicago Rare Earths Facility.
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The amendment supplements a 1987 agreement with Illinois that transferred responsibility for licensing, rulemaking, inspection and enforcement concerning the use of byproduct materials, source materials uranium and thorium, small quantities of fissionable materials, and commercial disposal of low-level waste.
The Commission has determined that the Illinois program for regulation of such material and the facilities that produce such material generally is compatible with the Commission's program for the regulation of like materials and adequate to protect the public health and safety with respect to the materials covered by the proposed amendment.
However, certain i
standards adopted by Illinois differ from the standards adopted 1
and enforced by the Commission for the same purpose.
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i accordance with the requirements of Section 274 o of the Atomic Energy Act of 1954, the Commission evaluated those differing standards in general, without eference to a particular site, and determined that those standards are adequate for purposes of amending the Commission's agreement with Illinois.
If, at some time in the future, the State seeks to apply those or other differing standards to a particular site, including the West Chicago Rare Earths Facility site, Stction 274o requires the Commission to provide further notice and opportunity for a public hearing and to determine whether the State's differing standards will ei'ieve a level of stabilization and-containment'of that site, and a level of protection for public health, safety and the environment from both radiological and nonradiological hazards associated with the site, which.is equivalent to, or more stringent than, the level which would be achieved by any requirements adopted and enforced by the Commission for the same purpose.
Tne Illinois Department of Nuclear Safety will be the State agency responsible for administering the regulatory program for the extraction and the concentration of uranium'and thorium from any ore processed primarily for its source material content, as.
well as the possession, use, transfer and disposal of the mill tailings and other wastes associated with the ora processing.
4 Draft Federal Register Notice NUCLEAR REGUL ATORY COMMISSION ACTION: Fetice of Amended Agrecrent with the State of Illinois l
SUMi'ARY : Notice is hereby given that the Honorable Kenneth M. Carr, Chairman of the United States Huclear Regulatory Commission, and the Honorable James R. Thompson, Governor of the State of Illinois, signed an Amendment to the existing Section 274b Agreement between NRC and the State of Illinois purscent to Secticn 274 of the Atomic Energy Act of 1054, as atiended. TheAmendmentpermitstheStatetoregulate11e.(2) byproduct rc.aterial and the facilities that produce 11e.(2) byproduct reterial.
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The proposed Arendment to the existir.g Section 274b Agreement was published in the Federal Register for public comment for four consecutive weeks beginning March 28,1990(55FR11459).
The Amendment is published in accordance with the requirements of Public Law 86-373. A copy of the consolidttea version of the Agreement is l
available at the Office of Governmental and Public Affairs, State i
l Programs.
FOR FURTilER INFORl.ATIOT CONTACT:
Vandy L. fliller, State Programs, United States Nuclear Regulatory Commission, Washingtor., D.C.
20555 1
(telephone 301-492-0320).
Attachhitnt 9
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INSERT The Commission has determined that the Illinois program for regulation of 11e(2) byproduct material and the f acilities' that produce 11e(2) byproduct material generally is compatible with the Commission's program for the regulation of like materials and adequate to protect the public health and safety with respect to the materials covered by the proposed Amendment.
- However, certain standards adopted by Illinois differ from the standards 1
adopted and enforced by the Commission for the same purpose.
In accordance with the requirements of Section 274 o of the Atomic Energy Act, the Commission evaluated those differing standards in general, without reference to a particular site, and determined that those standards are adequate for purposes of. amending the Commission's agreement with Illinois.
If, at some time in the future, the State seeks to apply those or other differing standards to a particular site, including the West Chicago Rare Earths Facility site, Section 274 o requires the' Commission to provide further notice and opportunity for a public hearing and to determine whether the State's differing standards will achieve a level of stabilization and containment of that site, and a level of protection for public health, safety and the environment from both radiological and nonradiological hazards associated with the site, which is equivalent to, or more stringent than, the level which would be achieved by any requirements adopted and enforced by the Commission for the same purpose, i
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SUPPLEMENTARY INFORl'ATION:
Public Coments:
In response to the FR Notice, the NRC received 166 letters with two commenters (Kerr-McGee and the State of Illinois) submitting supplemental comments. Thecommentersincluiledlocal residents (9700totalnumberof' signatures), businesses (20), community leaders (9), the Environmental Protection Agency, the State of Illinois, and Kerr-McGee Chemical Corporation (the only licsnsee in the State affectcc' by this amencment). Of the letters received, all except.
Kerr-McGee's were in support of the ar.endment and transfer of regulatory authority fer 11e.(2) byproduct atterial to the-State of Illinois.
Kerr-McGee opposed the grantir.g of the amendment and requested that a hearing be held. /. list of all commenters was provided to the Commission alors with an analysis of the major comments which was prepared by the staff. All comments except for those presented by Kerr-McGee Chemical Corp. supported the proposed ar.cndment to the Agreement and all comments were careful') censidered by the Corrission in its deliberations on the Illinois rcquest. The comments are available in the Commission's Public i
Document Room at 2120 L Street',f N.W., Washington, D.C.
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Amendment to the Agrect.;ent Between the United States Nuclear Regulatory Corrission and the State of Illinois for Discontinuance of.Certain Commission Regulatory Authority and Respcr.sibility Within the State Pursut.nt to Sectior. 274 of the /tomic Energy Act of 1954, as Amended.
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3 WHEREAS, the United States Nuclear Regulatory Commission (hereinafterreferred-toastheCommission)isauthorizedunderSection 274 of the Atomic Energy Act of 1954, as amended (hereinafter-referred to as the Act), to enter into agreements with the Governor of any State-providing for discontinuance of the regulatory authority of the Commission within the State under Chapters 6, 7, and 8, and Section 161 of the Act with respect to hyprocuct materials as defined in Sections 11c.(1)and(2)oftheAct,sourcematerials,andspecialnuclear materials in quantities not sufficient to form a critical mass; and, WHEREAS, tne Governor of the State of, Illinois.is auth'orized under Illinois Revised Statutes,1987, ch. Illi, par. 216b and ch. Illi; par.
241-19 to enter into this Agreement with the Commission; and, WHEREAS, on June 1, 1987, an Agreement between the Commission and:
the Statt of Illincis became effective which provided'for State assumption under State law regulatory authority over byproduct material as defined in Section 11.e(1) of the Act, source materials, l
special nuclear materials in quantities not sufficient to form a criticalLmass, and the land disposal of source, byproduct,'and special nuclear material received from other persons; and, 4
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WHEREAS, Article Ill of that Agreement provides that the Agreement may be amended upon application by the State and approval by the Commission, to include the extraction or concentration of source material from source material ore and the management and' disposal of the resulting.
byproduct material; and, WHEF.CAS, the Governor of the State of Illinois certified on ti.at the State of Illinois (hereinafter referred.to as tne Stete) has a program for the control of radiation hazards l
Wequate to protect the public health and safety with respect to the extraction or concertration of-source material from source material ore and the management and disposal of the resulting byproduct material, and that the State of Illinois desires to assume regulatory responsibility for such raterials; and, UNEREAS, the Ccrrission found on that the program of the.
State for the regulation of the extraction or concentration of. source material from source material ore and the management and disposal of the resulting byproduct material is corpatible with the' Commission's program.
for the regulation of such materials and is adcquate to prctect the public health. and safety; and,
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WHEREAS, the State and the Commission recognize the desirability and importance of cooperation between the Connission and the State in the formulation of standards for protection against hazards of radiation and in assuring that State and Commission prograns for protection against hazards of-radiation will be coordinated and where necessary compatibic;
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WHEREAS, the Commission and the State recognize the desirability of reciprect.1 recognition of licenses _and exemptions from licensing of those materials subject to Amendrent Number One to the Agreement; and, WHEREAS, Amendment Number One to the Agreement is entered into pursuart to the provisions' of the Atomic Energy Act of 1954, as amended; NOW, THEREFORE, IT IS HEREBY AGREED between the Commission'and tLe Governor of the State, acting in behalf of the State, as follows:
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Article 1 of the Agreement is hereby amended-to expand-the scope of L
the Agreement to include the extraction or concentration of source material from any ore processed primarily for its source material contcnt and the management and disposal of the resulting byproduct.
1 material as defined in Section 11e.(2) of the Act. As amended, Article 1 now reads as follows:'
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ARTICLE I Subject to the exceptions provided in Articles II IV and V, the-Commissicn shall discontinue, as of the effective date of this Agreement, the regulatory authority of the Commission in the State under Chapters 6, 7, ar.d 8, and Section-161 of the Act with respect to the followir.g:
A.
Byproduct material as definec' in Section 11e.(1) of the Act; B.
Source materiels; C.
Special nuclear materials in quantities not sufficient to form a critical mass; and, D.
The land disposal of sotree, byproduct, and special nuclet.r material received from other persons.
Pursuant to Article III, and subject to the exceptions provided in i
Articles II, IV ard Y, the Commission shall discontinue, as of the effective date of this Amendrent Number One to this Agreement, the regulatory authority of the Commission in the State under Chapters C, 7, and 8, and Section 161 of the Act with respect to the fo11 cuing:
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The extraction or concentration of source material from any ore processed primarily for its source meterial conter t and the management and disposal of the resulting byproduct material as definedinSection11e.(2)oftheAct.
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Article II of thc Agreement is hereby amended by inserting "A."
i before "This Agreement," by redesignating paragraphs A. through D.
as subparagraph 1. through 4., by deleting paragraph E., relating to the extraction or concentration cf source material from source material ore and the ranagement and disposal of the resulting_
byproduct material, and by adding a new paragraph G., relating to authorities that will be retained by the Concission. : As amended, Article 11 now reads as follows:
AP.TICLE II A.
This I.greement docs-not provice for discontinuance of any euthority and the Commission shall retain authority and responsibility with respect to regulation of:
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The corstruction and operation of any production or utilization facility; 2.
The export from or import into the United States.of I
byproduct, source, or-special nuclear material, or utili7etion facility;
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3.
The disposal into the ocean or sea of byproduct, source, or'special nuclear waste materials as defined in regulations or orders of the Comission;
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The disposal of such other byproduct, source, or special nucleer material as the Commission from time to time determines by regulation or: order should, 1
because of the hazards or potential hazards thereof, not be so disposed of without a license from the Comnission.
B.
Notwithstanding this Agreement, the Commission retains the following authorities pertaining to byproduct materialsasdefinedinSection11e.(2)oftheAtomic Energy Act:
1.
Prior to the terminction of a State '.1 cense for such byproduct material, or for any activity that results-
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in the production of such material, the Comission shall have rade a determination that all applicable standards and requirements pertaining to such material have been met.
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E.
The Commission reserves the authority to establish minimum standards governing reclamation, long-term' surveillance or maintenance, and ownership of such byproduct material and of land used as a disposal site for such material.' Such reserved authority' includes:
a.
The-authority to established terms and conditions as the Commission determines necessary to assure that, prior to termination of any license for such byproduct material, or for any ectivity that results in the production of such material, the licensee shall comply with decontamination, decommissioning,.and reclar:ation standards prescribed by the
'Conmission; and with ownership requirements for such mater.ials and its disposal site; t.
The authority to require that prior to termination cf any license for such byproduct material or for any activity that results in the production of such material, title to such-byproduct material and its disposal site be i
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N 10 transferred to the United States or the State at the option of the State (provided such option is exercised prior.to termination of the license);
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The authority to permit use of.the surface or subsurface estates, or both, of the land transferred to the United States or a State.
pursuant to paragraph 2.b. in this section in a manner consistent with the provisions of the Urantun Mill Tailings Radiation Control, -t of 1976, provided that the Commission determines i
that such usc would not endanger the public health, safety, welfare, or the-e'vironment; i
d.
The authority to require, in the case of ~a license for any activity that produces such -
byproduct material (which license was in effect onNovember8,1981),transferoflandand material pursuant to paragraph 2.b. in this l
section taking into consideration' the status of such material and land and interests i
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t 11 therein, and the ability.cf the licensee to transfer title i.nd custody thereof to the United States cr a State; e.
The authority to require the Secretary of the Departnerit of Energy, other Federal agency, or State, whichever has custody of such byproduct material ano its dispcsal site, to undertake.
such monitoring, maintenance, and emergency meesures as are necessary to protect the public
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health end safety, and other actions:as the Connission deems necessary; and, f.
The authority to enter into arrangements _ as may be appropriate.tc essure Federal ~long-term surseillance or maintenance of such byproduct material and its disposal site on' land held in trust by the United States fce any Indian tribe-or land owned byinn Indiar.-tribe and subject to a. restriction acainst alienation imposed by the Ur.ited States.
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Article IX of the Agreement is.hereby amended by redesignating
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it Article X and by inserting a new Article IX. As amended Articles IX and X now read as follows:
ARTICLE IX In the licensing and regulation of byproduct material as defined in Section 11e.(2) of the Act, or of any activity which results in production of such material, the State shall comply with the I
a provisions of Section 2740 of the Act.
If in such licensing and
.I regulotien, the State requires financial surety arrangements for the retl6maticn cr long-teru surveillar.ce and maintenance of such
- material, A.
Tra total emount of funds the State collects for such purposes shall be transferred to the United States if custody of such materiel and its disposal site is transferred to the United States upon termination of the State license for such material or any activity which results in the production of.such material. Such. funds include, but are not limited to, sums collected for long-j term surveillance or maintenance. 'Such funds do not, however, include monies held as surety. where no default has occurred cnd the recianation or other bonded activity has been performed; and,
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Such State surety or other financial requirements must' i
be sufficient to ensure compliance With those standards established by the Connission pertaining to bonds, sureties, and financial arrangements to ensure adequate reclamation ard long-term nianagement of such byproduct material and its disposal site.
AP.TICLE X This Agreement sball become' effective on June 1, 1987, and shall remain in effect unless and until such time as it is terminated pursuant to Article VIII, 4)
The Agreement effective June'1, 1987 remains in effect except es r.:odified by amendments contained in Paragraphs 1),- 2), and 1
- 3) of this Aniendment 11urter One.
E)
This Amendment Number One to the June l',1987 Agreement shall become effective or.
, and~shall remain in effect until such time as it is terminated pursuant to Article Vill.
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14 Done at Rockville, Maryland, in triplicate, this day of For the United States Nuclear Regulatory Commission.
Chairman Done at Springfield, Illinois, in triplicate, this day of For the State of Illinois Governor Dated at Rockville,-MD this day of
,1990.
For the United States Nuclear Pegulatory Commission.
I Carlton Kamerer, Director State Programs Office of Governmental and Public Affairs
,