ML20129B654

Responds to Request for Background Info Concerning Commonwealth of VA Seeking Agreement State Status

ML20129B654
Person / Time
Issue date:	09/11/1996
From:	Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Claire Robb SENATE
Shared Package
ML20129B658	List: ML20129B654
References
NUDOCS 9609230171
Download: ML20129B654 (14)

Text

, September 11, 1996 The Honorabla Charl:s S. Robb United States Senate  :

Washington D.C. 20510-4603

Dear Senator Robb:

Provided below is the background information you requested concerning the Commonwealth of Virginia seeking Agreement State status.

Section 274 of the Atomic Energy Act of 1954, as amended, (Enclosure 1) details the j responsibilities of a State and the Nuclear Regulatory Commission (NRC) when the NRC l relinquishes authority for regulating certain radioactive materials in the State. The Atomic l Energy Act authorizes the NRC to enter into an agreement with a State when:

1. The Governor of that State certifies that the State has a radiation hazard control program adequate to protect public health and safety and that the State desires to assume regulatory responsibility for such materials.

2. The NRC determines the State program is in accordance with the Atomic Energy Act, compatible with the NRC program for regulation of such materials, and adequate to protect public health and safety. The State program is also subject to periodic NRC review as deemed necessary by the NRC.  !

l There are currently 29 Agreement States regulating approximately 15,000 radioactive  !

materiallicensees. Massachusetts, Oklahoma, Ohio, and Pennsylvania are currently seeking Agreement State status. Enclosure 2 is a copy of the Agreement for the most recent Agreement State, Maine. More information may be obtained through the NRC's Office of State Programs contact, Thomas J. O'Brien. He can be reached at 301-415-2308. NRC staff is also available to meet with Commonwealth officials, upon request.

Sincerely, WWW James u."apor l

< James M. Taylor

9609230171 960911 PDR Executive Director STPRG ESGVA PDR for Operations

Enclosures:

As stated j Distribution:

E00 GT96662 JMTaylor DIR RF HLThompson ,

RLBangart DCD (SP03) PDR (YES f N0_)

PLohaus [ j SDroggitis '

TJ0'Brien Virginia File 230037 DOCUMENT NAME: G:\TJ0\SENROBB.LTR *See previous concurrence.

i fa veceive a copy of this docuenent,inescate in the boa: "C" = Copy without attachment /enclosurg "E" = Copy wth attachment / enclosure *N" = No copy 0FFICE OSP l OSP:DD OSP:D M DEDS., p EDQ/ ,/1 NAME TJ0'Brien:gd PHLohaus RLBangart M 0 HLThompsfqf JMTayloh If,,,

DATE 09/09/96* 09/09/96* 09/f6/96 09/k /96 09/ 1 l /96' g n-d G d_ JI S 8 0p y go OSP FILE CODE: SP-NA-22

L l i .

' The Honorabia Chrrlss S. Robb i United States Senate Washington D.C. 20510-4603

Dear Senator Robb:

Provided below is the background information you requested concerning the Commonwealth of Virginia seeking Agreeme'nt State status.  !

\

Section 274 of the Atomic Energy Act of 1954, as amended, (Enclosure 1) details the ,

responsibilities of a State and the Nuclear Regklatory Commission (NRC) when the NRC j relinquishes authority for regulating certain radioactive materials in the State. The Atornic Energy Act authorizes the NRC to enter into an agreement with a State when:

1. The Governer of that State certifies that the State has a radiation hazard control program adequate to protect'public health and safety and that the -

Gtate desires to assume regulatory re'sponsibility for such materials.

i

\

2. The NRC determines the State program is in accordance with the Atomic Energy Act, compatible with the NRC p'rogram for regulation of such materials, and adequate to protect public, health and safety. The State l program is also subject to periodic NRC review as deemed necessary by the  ;

NRC. \ l

\ '

T There are currently 29 Agreement States regulating approximately 15,000 radioactive materiallicensees. Massachusetts, Oklahoma, Ohio, and Pennsylvania are currently seeking Agreement State status. Enclosure 2 is a copy of 'the Agreement for the most recent Agreement State, Maine. More information may be obtained through the NRC's Office of State Programs contact, Thomas J. O'Brien. He can be reached at 301-415-  !

2308 and is available to meet with Commonwealth officials. \

Sincerely, \ 4 James M. Taylor \

\

Executive Directo'r for Operations

(

i'

Enclosure:

As stated 3 Distribution:

EDO GT96662 i

\

DIR RF (6E662) DCD (SP03 )

RLBangart- PDR (YES / NO )

PLohaus

\-

SDroggitis k TJ0'Brien Virginia File k

\

DOCUMENT NAME: G:

t h . ,y.nm.4 \TJ0\.SENROBB.LTR

. we = in a. wm c . c y wahoui .et. chm.ne.ncio

\

r - Cwy wMh .tt. chm.nu.ncio.w. T = No cwy 0FFICE 0%P,4 % l OSP:DD, f ,

OSP:D l DEDS l\ ED0 l NAME TJ0'Br(e%Td PHLohaus VIIP MPLBangart HLThompson \ JMTaylor r

DATE 09/ 0 9/96 09/ o t/96 A - 09/ /96 09/ /96 09/- /96

.0SP FILE CODE: SP-NA-22

\

p ner c

$ UNITED STATES

[,.

't j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20565-0001 September 11, 1996 The Honorable Charles S. Robb United States Senate Washington D.C. 20510-4603

Dear Senator Robb:

Provided below is the background information you requested concerning the Commonwealth of Virginia seeking Agreement State status.

Section 274 of the Atomic Energy Act of 1954, as amended, (Enclosure 1) details the responsibilities of a State and the Nuclear Regulatory Commission (NRC) when the NRC .

relinquishes authority for regulating certain radioactive materials in the State. The Atomic Energy Act authorizes the NRC to enter into an agreement with a State when:

1. The Governor of that State certifies that the State has a radiation hazard control program adequate to protect public health and safety and that the State desires to assume regulatory responsibility for such materials.

2. The NRC determines the State program is in accordance with the Atomic j Energy Act, compatible with the NRC program for regulation of such  !

materials, and adequate to protect public health and safety. The State program is also subject to periodic NRC review as deemed necessary by the NRC.

There are currently 29 Agreement States regulating approximately 15,000 radioactive materiallicensees. Massachusetts, Oklahoma, Ohio, and Pennsylvania are currently seeking Agreement State status. Enclosure 2 is a copy of the Agreement for the most recent Agreement State, Maine. More information may be obtained through the NRC's Office of State Programs contact, Thomas J. O'Brien. He can be reached at 301-415-2308. NRC staff is also available to meet with Commonwealth officials, upon request.

Sincerely, a

a es M. T

$s or

~

ecutive Director l for Operations

Enclosures:

As stated i 1

/

_ . _ _ _ _ . _ . . _ . . . _ _ _ _ _ . . ~ _ . _ . _ _ _ _ .. _ _.

Agency Sec. 271. Assney Jur=dwea== -Nottung in this Act shall be f with 5 stes.

jar-a rm construed to affect the authorny or . . ---of any Federal, State,or authorned to enter into agreements with the Governor of any

['

e USCsee a g. Imral agency with reapart to the generataba, sale, or transsnission o electnc power produced through the use of nuclear facilities licensed by State providag for duonnemanece of the regulatory authority of the Commesmon underchapters6,7,and g and mannam 161 of this .i f

i Act, with respect to any one or amore of the follounng anseensis the Comu===minut. hounded. That this sectson shall not be deemed to  :

within the State- '

- confer upon any Federal, State, or local agency any authority to regulate, control, or restnct any activities of the Commuseon.aor f *(1) byproduct materials as deGmed in =*aa lle. (I);"* O' Apph,.h.s y *Sec.272. Appliemhility Of Federal FWeser Act.-Every heensee under *(2) byproduct materials as densed in section lle. (2);n* -

N3) source seaterials; af Federes this Act who holds a Iscense froen the Cosamission for a utilization of t~'

pbmer Act. pr*=an facdity for the generanon of commercsal electnc enerEY 74) specnal nuclear sentenals in quantstnes not sufGcient to 4 USC see. 2B19. under section 103 and who transrnsts such electnc enerEy m interstate fonn a cntacal mass.

coassicrce or sells it as wholesale in interstate commerce shall be ;During the duration of such an agrecanent it is rernen==8 that the ,

-dirre to the regulatory provimons of the Federal Pbwer Act- State shall have authority to regedese the materials covered by the r W.of "Sec.273. Ucaening Of Gewermeerst Agreaes.-Nothsng in this Act agreement for the protection of the public health and safety freen rachation hazants.

Gosenament shall preclude any Government agency now or hereafter authorned by '

my,=r=. law to engage in the prarh=*an, marketag, or distnbution of electnc *c. No agreement entered into pursuant to ==dimensam b. shnu e USC see 2em energyfrom ahe===ig a heense undersection 103,ifqualified under the j prende for decontinuance of any authoney and the Consmesson shah retam authority and responstility with respect to regadasan=

provisaans of secnon 103, for the construction and operation of -

. of_

penshart== of usii==enan fadhtnes for the pnmary purpose of producag electnc energy for depostion for ultisante public e .----

NI) the construction and operation of any pradur*am or Osapaaman , "Sec.274. r'==y=neien With Semees."*- atdization facility or any uranium ennchement facdstyf'*m udeh Sassa. "a. It is the purpose of this -1 san- *(2) the esport froen or iraport into the United States of e usCme anal-

• (l) to remgnise the interests of the States a the peaceful byproduct, source, or special nuclear material, or of any pro-uses of ascesec enerEF, and to clarify the .eresponsibili- duction or utHuntion facility; ties under this Act of the States and the Cosamisson with N3)thedeposalintotheoceanorseaofi,, _ "-isource,or respect to the regulation of bypseduct, source, and special special nuclear waste neaterials as defined in .-'

• or nudear materials; orders of the C-- ~ -;

• (2) to recognize the need, and establish programs for coop- N4) the deposal of such other byproducs, souru, or special cration between the States and the Comsmanon with respect to nuclear materini as the Commesson detennenes by regulation control of radiation hasards menarnated with use of such materi- or order should, because of the hazards or potential hazanis als: thereof, not be so skapa-a of without a hcense from the Coen-

• (3) to promote an orderly regulatory pattern between the nusnon.*fhe Ca====n= shan also retain authonty under any Conunsmon and State governments with respect to nuclear such agreement to make a detennemation that all appbcable development and use and regulation of byproduct, soorte, and standards and requerennents have been snet prior to tenmana-C USC2B14 tion of a tire ==r for byproduct seaterial, as denned in sectson special nuclear materials;

• (4) to estabhsh procedures and aiteria for discontinuance of lle.(2).an certain of the Corm =seenan's regulatory responsibilities with re- Netw.*hatmad=g any agrcensent between the Cos==== man and any spect to byproduct, source, and special nuclear materials, and State pursuant to andmure.aa b., the t'ammm.==an is authenmed by the assumption thereof by the States: rule, regulation, or order to require that the manufacturer, proces- e Condmosa sor, or producer of any equipment, device, l *(5) to provide for coordmation of the development of radia- " 5, or other tion standards for the guidance of Federal agencies and coop- product contasung source, byproduct, or specsal nudear matenal

!' eration with the States; and shall not transfer possesmon or control of such product except I

N6) to remsnize that, as the States improve their capainhtnes pursuant to a heense issued r by the -

to regulate effectsvely such matenals, adiktsonal legidation =d. The Consnission shall enterintoan agreensent underadmar -

, may ne dearable. tion b. of this arrena with any State if-

? Agreemenes  %. Escqt as prended in ==hara=m c the Commission is

( 'a

, name m,.3,wist-a.en ms r,.imanaysan.sa mmamem sm.

i ,m..,,....m-

- m -

sr. = . , v--

% ~

,,, , ,, ,,,;=,g=== == --a--=---

,,'s.;.an.,,ga::

- - o - i ,-

r,.; - m.

% . e.

m on ,

t

- - n a.mm.. _ .m s, .a 146

. 147 t

4 ENCLOSURE 1

.._m _

3 (1)De Governor of that State certdies that the State has a frosa among the members of the f'numwil De t'a==ril shelledvise prograsm for the control of radiation hazards adequate to pro- the Pressdent with respect to rashmeans matters, directly or indi-a lect the public health and safety with respect to the materials lectly affecting health, including gn=t==re for all I%deral agencaes 9 within the State mvered by the proposed agreement, and that in the for==Imeiam of raaneine standards and in the h *

. the State dessres to asserne regulatory responsibility for such and e=rr=eion of programs of cooperation with States. De Coun-l materials; and

, til shall also perform such other functions as the Pre =arme may an-

"(2) the C_ ' ,. finds that the State prograra is in accor- sign toit by Executive ceder.

dance with the hyW.c. cats of subsection o. and in all other Impectens. "i. De Cosamumson in carrying out its incenseg and requissosy' respectsn 2 compatible with the Commission's program for . . , _ '_ ~ t under this Act is authorned to enter into agree-s

. regulation of such materials, and that the State prograrn is i ments with any State, or group of States, to perform inalwr*ia== or adequate to protect the public health and safety with respect to g other f== rein == on a cooperative basis as the Casummen= deems the materials covered by the proposed agreement. appropnate. De Cosansasson is also authormed to provide train. - -

Pehrme=== "c. (1) Before any agreement under subsection b. is signed by the ing, with or wahout charge, to esepicyees of, and such other assis-in FR. - Conuminion, the terms of the proposed agreement and of pro. tance to,any such Strae orpahearmasuhdevision theneeforyoupef posed esenoptions pursuant to subsection f. shall be published once States as the Conrman= dae== appropnote. Any such psovision or mesme==re by Gee r 'a==-

each week for four consecutsve weeks in the Federal Register; and shaR take into account the addi- +

such opportunity for comrnent by interested persons on the pro.

• tional expenso that may be incurred by a State as a enmarupnence of 1 posed agreement and exemptaons shallbe allowed as the Commis-the State's .:ntenng into an agreement with the t'a====nna pur-sien determines by regulation or order to be appropriate. senet tc asherreans b.

• (2) Each proposed agreement shall indude the proposed Tenmamuon "j. (1)m De C_ _ upon its own uutatsve after effective date of such proposed agreement or exemptions. De of asseement. reasonable notice and opportunity for hearing to the State with agreement and e=*=aniaae shall be published in the Federal which an agreement under uhmerein= h. has harv==e effectsve, or Register within t arty days after signature by the Cosamission upon request of the Governor of such State, suay tennenste or sus-and the Governor. pend all or part of m its agree ==eme with the State and renamert the 12ramas "f. De Commission is authorned and directed, by regulation or liansing and reg =lasney authonty vested in it under this Act, if the requiresments. order, to grant such exemptions frown the licensing requirements

-~ Commission findsthat(1)as such termination or suspension is re-

- , -- contained in chapters 6,7. and 8, and from its regulations applica- qured to protect the public health and safety, or (2) the State has ble to licensees as the Commission finds necessary or appropriate not comphed with one or neore of the requiresnents of this section.

to carry out any es .a. ca; entered into pursuant to subsection b. De Cornmission shall perunarany review such agreemenee and ac-of this section.

tions taken by the States under the agreensents to insure comph-

"g "Ilie Counmission is authorned and directed to moperate with ance with the prov==n== of this section.8#

die States in the formulation of standards for protection against ,

"(2) De C _ upon its own anotion or upon request hazards of radiation to assure that State and Commission programs of the Governor of any State, stay, after notifying the Gover- ,

for protection against hazards of radetion will be coordmated and nor, t - , --4 suspend an or part of its agreesneet with time r compattde.

I%deral State wahout notice or hennag if, in the M of the Coun-

"h. Here is hereby established a Federal Radiation Council, m enon:

Radineson mnsessing of the Secretary of Health, Education, and Welfare, the Council *(A) en entergency eur==ennst esists with respect to any Chantman of the Atomic Energy Commission, the Secretary of De- seaterial covered by such an agreesment creating danger fense, the Secretary of Commerce, the Secretary of Labor, or their which requares immediate action to protect the health or dai==***. and such other members as shall be appointed by the safety of persons either within or outssde of the State, and Pressdent. De Council shall consult quahfied soentists and ex- "(B) the State has failed to take steps necessesy to con-i perts in radiation matters, including the President of the National tain or et====te the cause of the danger within a reason-Academy of Sciences, the Chairman of the National Cosnmittee on able time after the sitantin= arose.

Radiation Protection and Measurement, and qualifsed cuperts in A tesaporary suspensson under this paragraph shnu - in ef-the field of biology and medicine and in the field of health physics. feet only for such time as the entergency situation exists and shaE j DeSpec al Aa==santtothe PresidentforScienceand1bchnology,  % ,,, ,,,,,,,,,,,,,,,7 i or his designee, is authonzed to attend meetings, participate in the ma n ,w m,,,iew ,,,,g ,% - ' -__ _ . , , , , , , , , , .

deliberations of, and to advise the Council.De Chairman of the ===**===r*-

Council shall be dengnated by the President, from time to time, '

a ==u"."."m.mm e mmwin"-*""""*""""""""'""'"m","'.".".".e"*""""**'^

D"""*"".Ye"2M.", ".,O" *,70"."*,"$*"* '"""* "* "*""""""" " "'***""" ""** --

148 , 149 I

N l

authorise the Commesson to czercise its authority only to the calent nesvsmary to contain or etuninete the danger "rir ' *(A)in the case of hcenses, provute p.-_- E under .

"k. Nothing in this section shall be construed to affect the author- State law which include-

• (i) an opportunity, after public notace, for uniten J ity of any State or local agency to regulate activities for purposes other than protection agasnst radeauon hazards. comments and a public hennus, with a transcrye, *

• Noeum of *(iQ an opportunity for cross e====aren= and "l. With respect to each apphcatson for Commission license sling, *(mi) a wntien deter ====hn= which is homent upon authonnng an activity as to which the Commission's authonty is fmdmgs included in such deter ==an== and upon o t contmoed pursuant to subsection c., the Commission shall give prompt notice to the State or States in which the activity will be evmicare presented during the publicen==*=t p v l' and which is subpect to j=rbr=1 review; conducted of the fding of the hcense application; and shall afford i reasonable opportunity for State representatives to offer evulence, ' *(B)in the case of ral*==1r=r provide an opportensty

, for public perm,pahn= through wntten r=ame=ts or a interrogate witnesses, anJ advise the Cornmission as to the applica-tion without requinng such representatives to take a position foror public hearmg and provide forjudical review of the rule; agonist the granting of the application. *(C) requere for cadt nwame i whidt has a sgedicant ism-

"m. No agreement entered into under subsection b., and no es. pact on the human envecennent a wnteen analyas (which emption granted pursuant to subsection f., shall affect the author- shall be availsbic to the public before the m

of anysuch---- " ._)of theimpart of sudt =wampt in-ity of the Comunission under subsection 161 b. or i. it issue rules, ciuding any actmanes mashareest pursuant thereto, on the

' regulations, ororders to protect the comsmon defense and security, esmronssent, which analyns shall indade-toprotect restncted data or to guard against the loss or diversion of specut nuclear maaterial. Ibr purposes of subsection 161 i., activi- *(i) an mencem==e of the rushalayerni and aca-radiological nepects to the public health of the activi-ties covered by esemptions granted pursuant to subsection f. shall ties to be conducted pursuant to such bremme-be deemed to constitute activities authorued pursuant to this Act:

and special nuclear material acquired by any person pursuant to *(i0 an assessment of any impact on any waterway and groundwater resulting from such activities; such an esernptiou shall be deemed to have been acquired pursu-ant to section 53. *(isi) conaderation of alt-rnatnes, mechuhag aheran-Densumen. tive sites and engmeenng seethods, to the actsumes to

• n. As used in this section, the term ' State

• means any State, be conducted penuant to such hcense; and

'Ibrntory, or po=ranna of the United States, the Canal Zone, Puerto Rico, and the District of Colornbia. As used in this section, *(iv)co==teration of the long-tena impares eclud-ing " w "

_ -- - - ' m and redesse- -

t the terrn ' agreement

• includes any amendment to any agree- tion impacts, associated with actmtses to be ==sherwne l ment.2's pursuant to such license, indsding the man =mpement of "o. In the hcensmg and regulation of byproduct material, as p[ t defined in section 11 c. (2) of this Act, or of any activity which any byproduct matenal, as defsed by enre n= 11 e. (2)g l and t t resents in the production of byproduct material as sodefined under an agreement entered into pursuant to subsection b., a State shall *(D) prohibst any major em=nerurtnam actmty with re. i  !

. require- spect to such material prior to complyung with the provi-anons of subparagrapti(C)w

• (l) --- , - with the requirements of subsection b. of section 83 (respectag ownership of byproduct matenal and If any State under sudi agreement i=paner upon any hee ==ae any  !

4 requerement for the payment of funds to such State for the tree = maine land), and 4 l

orlong-term maintenance and monnonng of such restenal,and if trans.

• (2) compliance with standards which shall be adopted by the ['

fer to the United States of such matenalis requered in accordance with State for the protection of the public health, safety, and the section 83 tr. of this Act, such agreemeer shall be asm*=stral by the  ;

environsnent frera hazards associated with such material which Am8F P.3031 Corar=_wm to provide that such State shall transfer so the United '

are eqmvalent, to the extent practicable, or snore stringent States upon tennsnation of the license in== set to such hoensee the total then, standards adopted and enforced by the Commission for amount collected by such State frona such hswaare for such purpose. If the same purpose, induding requirements and standards pro. such payments are required, they must be sellicsent to ensure Asunt, pt 3833. mulgated by the Commission and the Administrator of the --

7bst p. 3039.

M with the usamiards ens =hainhast by the r'a===a= pursuant Environmental Protection Agency pursuant to sections 83,84, 42 USC 220L and 275, and to sectson 161 x. of this Act. No State shall be required under paragraph

• (3) procedures which- (3) to conduct in. e . concermng any bcense or regulation which would duplicateinm "' . conducted by the Commie =nn.**

l

%en,s wes vee una iemnasw as m == me. s ar. "

.,m_.,_m m_ _ _._.m._ .r --_--,-__._._=._m .

150 151  !

I i

I r

. - _ _ . - - _ .- - . - - _ _ . . . _ - - - - - - - - ~ _ _ - - - - - - . _ _ _

"I adoptogrequirementspursuanttoparagraphG)ofthissubsecten with, standants of the Adsometrator shall casuply with, or be taken in with respect to snes at which ores are processed pnmardy for their anoniance wah, the standmeds proposed by the Adsmimurator under

.j e USC314.

source matenal content or which are used for the deposal of byproduct matenal as defused in section 11 e. G), the State many adopt ahernatives this sub=*iam until such tiene as the Adminissessor promulgates such standants in final fem.=ses ,

(including, where appropriate, site-specdic alternatnes) to the ,

C USc eset.  % (1) As soon as prar+r=M- but not later than October 31 requirements adopted and enforced by the C- ' -- for the same note. 1982, the Adenmetrator shall, by nele, propone and within 11 purpose if, after notice and opportunity for pubhc heanng, the months thereafter promulgate in fmal fona,as* standenh Bemeral Cr' . determees that such alternatives wdl achieve a level of - apphcaten fw the protectson of the public health, safety, and the -

stabilization and containment of the sites concerned, and a level of enwonment from radsological and non-radsological haannis protection for public health, safety, and the environment from associated with processmg and with the guumsnan transfer, and radiologual and nonradeological hazards associated with such sites, 42 USC 314 deposal of byproduct material, as dermed in section 11 c. G)of this which is equenient 105 to the extent practicable, or reore stringent than .\ Act, at sites at whicle cres are prarw==8 pnmanly for their source

{ the level which would be achieved by standards and regarements material content or which are used for the A=pasas of such adopted and enforced by the Commision for the same purpose and any byproduct material.

final standards pronsulgated by the Administrator of the Environrnental I - - "If A Adamistrator fails to promulgate standants in final fona Protectson Agency anthonty.

4 USC 321 in under this subsection by October 1,1983, the authonty of the Ad.

accordance with sectson 275. Such alternative State requerements may 'amastrator to r- ( such standards shall tenasante, and the take into acmunt local or regsonal condasons, including geology, Commission may take actions under this Act without regoni to any topography, hydrology and meteorology.*ssa Pnmenon of this Act requinng such actsons to comply with, or be

, 42 USCML

• Sec. 275. Neelsh And Esmrenamental Standards far Uraniaan MiB hilings.- taken in accordancz with, esand=ds promulgated by the Adnunsa.

I trator, in any such case, the Commasion shall proemigate, and 5

, "a. As soon as practicable, but not later than October 1,1982,22. from time to time revise, any such standards of general apphcation the Adnansstratorof the Esmronmental Protection Agency (here, which the Coman==iam deems siecessary to anrry out its ruaspan=i- l

' mafter referred to in this sectson as the ' Administrator") shall, by bihties in the conduct of its lir* meant activities under this Act. ite.

Itale.

rule, pronsulgate standards of general application (including stan. quirements estabhshed by the Comunsmon under this Act with re- f I

dards applicable to hcenses under section 104(h) of the Uranium spect tobyproduct matenal as dermed in =1mm.11 e. G)shelicon-l MillDdegs Radiation Control Act of 1978) for the protection of C USC BIA 8 fann to such standanis. Any requerrs=*=de adoptedby the P -

the p9blic health, safety, and the enviromnent from radiological son respectag such byproduct material before p-. (" - by

• and nonradelogical hazards associated with ressdual radianctive the Cosanusseori of such standards shall be amended as the Com- I snaterials (as defmed in section 101 of the Uranium Mill thilings mussion decres necessary to conform to such standards in the sanne  ;'

Radation Control Act of 1978) located at inactive uranium mdi snanner as pnmded in subsection f. (3). Nothing in this suhmeremn

, taihngs sites and depostory sites for such raatenals selected by the shallbe construed to prohibd or mapend the ' . or i Secretary of Energy, pursuant to title Iof the Uramum Millhil. enforcesment by the Onimummmam of any requuement of the Com. '

sags Radiation Control Act of1978. Standards promulgated pursu. menon respectingbyproduct senterial as defmed in arrtuna 11 c.(2) ant to this subsection shall, to the maxirnum extent practicable,be Pendmg promulgetson by the Conimenon of any such standard of general . f .

consstent with the requirennents of the Solid Waste Disposal Act, su la ceashhemig such standards, the Adann-as annended. In establishing such standards, the Administrator strator shall enandw the risk to the public heakh, safety, and the shall canader the risk to the pubhc heakh. safety, and the envuon- esmronment, the envimamental and econonuc costs of applying  !

sment, the esmronmental and emnomic costs of applyng such stan- such standank, and sede other factors as the Adminstrator deter.  !

darcht, and such other factors as the Administrator detennenes to toines to be appropnate.=ase ,

be appropnate.aer The Adnumstrator may periodically revise any "G) Such generally appbrahaa standants prosnelgated pursuant standard promulgated pursuant to this suhsection. tothisehmereina for - " " i J hasants shmilprovede for the "After October 1.1982, if the Administrator has not promulgated Protectson of human health and the esmroement enm=nene with G USC ~l911.

srand=dsinfeelfannunderthissubsection,anyactionof theSecretary the standants required under =Aemta C of the Solid Mete Dia-of Energy under title I of the Uranmen MillDilings Radiation Control Act of 1978 which is regenred to comply wM, or be taken in accordance

,"emmt mistunamemveesmie.e amwammm su , .a. .e

=~nmi w smsmm mm g. . ****1""*"* 8'a meous = n.eme me n ,== rmen "I,ME"MM88%=E 18 7

. . I.Ias1*De "emeye,r.A,remeasser gg n

" "'""N"""""'*I v,., m m mm . ,,,,, ,, _ ,,,, "'a~"*'a======-~~

152 153 1

l

. _- y 3rTWX~

AGRFFMFMI' BETWEEN 7HE UNilED STA7ES NUCLEAR REGULATORYCOMMISSION AND 1HESTA7EOFMAINE FOR DISCONTINUANCE OF CERTAIN COMMISSIONREGULA TORYA UTHORi1Y AND RESPONSIBILITY Wi1HIN 1NE STATE PURSUANT TO SECTION274 OF THEA7DMICENERGYACTOF1954, ASAMENDED WHEREAS, The United States NudearRqpannery Cammianion (kerwinafterrefened to as the -

Commission) is authorized under Sedion 274 ofthe Atomic Energy Ad of1954, as amended (hereinafterrefened to as the Act), to enterinto greements with Ae Gownorofany State providmgfor discontinuance ofthe inpdatory aunar\ity ofthe Commission within the State under Chapters 4 7, and 8, and Sedian 161 ofhe Att. min rupect no byproduct materials as defined in Sections 11e.(1) and (2) ofthe Ad, sonoce materials and specialnuclearmataials ira quantities not sufficient toform a criticalmass; and WHEREAS, The Governor ofIhe State ofMaine is outhorized underMaine Revised Sint"' s Annotated Sedion 284 to enter kato his Agreement min the Commisaion; and WHEREAS, The Govemor ofthe State ofMaine cerq$ led on March 5,1990, that the State o l

Maine (hereinafter referred to as the State) has a progmmfor the control ofmdiation hazanis adequate toprotect thepublic health andsafety with rupect to the materials withm the State covard by this Agreement, and that the State desivu to assume inpdatory raponsibihtyfor such materials;and WHEREAS, The State and the Commission recognize the desimbihty andimportance eration between the Commission and the State in theformulation ofstandardsforprotection against hazards ofmAi-rinn and in assuring not State and Commission progmmsforprotec-tion against hazards ofradiarinn will be coordinated and compatible; and WHEREAS, The Commission and the State recognize the desimbikty ofreciprocal recogn oflicenses and aemptionsfrom hcensing ofthose materials subject to this Agreement; and ENCLOSURE 2

WHEREAS, This Agreanent is entered intopursuant to thepnwisions of the Ac4 as amended; NOW THEREFORE, it is haeby agreed betmen the Commission and the Govemor of the State, actirg in behalfofthe State, asfollows.- 1 ARTICLEI Subject to the exceptionsprovided in Articles H, Il{and l{the Commission shalldiscontinue, as ofthe effective date ofthis Agreement, the regulatory authority of the Commission in the Y

State under Chapters 4 7, and $ and Section 161 of the Act with respect to thefollowing mate-rials.-

A. Bypmduct mataials as defined in Section 11e.(1) of the Act; B. Source mataials;and C. Specialnuclear mataials in quantities not sufficient toform a criticalmass.

N ARTICLEH i

This Agreement does not pnwidefor discontinuance ofany authority and the Commission l shallretain authority and responsibility with respect to regulation op l A. The construction and opemtion ofanyproduction or utilization facility;

! B. The exportfrom orimport into the United States ofbyproduc4 ly source, orspecialnuclearmateria4 or ofanyprtuinctinn or l utilizationfacility; i

l C. The disposalinto the ocean orsea ofbyproduct, source, or special ruwimr waste mataials as defined in regulations or

orders ofthe Commission, D. The disposalofsuch other byproduct sourcs orspecialnuclear mataialas the Commissionfrom time to time desamines by i

i i

i f regulation or ordershould, because of the hazanis orpotential _

l hazanis thaeof,' not be so disposed of without a licensefmm the

! Commission;

, f E. Ihe land dispoad ofsource, bypmduct and special nurL ar l mataial receivedfrom otherpasons; and '

E The extraction or concentmtion ofsource mataialfmm source i mataial ore and the management and disposal of the resulting i %f byproductmataial l.

j ..

ARTICMIII l 1his may be amendef upon application by the State and approval by the Commis-

sion, to incIwL the amnnal area (s) speaped in Article II, pamgmph E or F whereby the

, State can crert regulatory contml over the mataials stated herein.

a i ARTICMIV

!O l Notwithstanding this Agreemag the Commission mayfrom time to time by nde, regulation, or

, order require that the manufacturer; processor; orprwhm ofany equipment, device, commod-l ity, or otherpmduct containing source, byproduct, orspecial nuclear mataialshall not tmnsfer l passasion or control ofsuch product aceptpursuant to a license or an aemption from licens-l ingissued by the Commission.

i ARTICU V

) ,

l AY This Agreement shaR not affect the authority ofthe Commission undersubsection 161 b.

i ofthe Act to issue rules, regulations, or onias toprotect the common defense and security, to protect restricted data or to guant against the loss or diversion ofspecial nuclear mataial 4

i i

ARTICU VI j

i The Commission willuse its best efforts to coopemte with the State and otherAgreement States

, in theformulation ofstandards and regulatoryprogmms ofthe State and the Commission for protection against hazards ofmdiation and to assure that State and Commission progmmsfor ll

• i a

)

\

protection against hazanis ofmdiation willbe coordinated and compatible.

its best efforts to coopemte with the Commission and otherAgreeme -

tion ofstandards and regulatoryprogmms of the State and the Commis ible with theprogmm ofthe Commissionforthe re .

Commission willuse their best efforts to keep each otherinformed ofp rupective ndes and regulations and licensing, inspection and enforcementp and to obtain the comments and assistance ofthe otherparty thereon.

%W ARTICLE VII licensesfor the materials listed in Article Ilicens State. Accordingly, the Commission and the State agree to use the

,,, propriate ndes, regulations andprocedura by which such reciprocity will be accord ARTICLE VIII

> The Commission, upon its own initiative afterreasonabl this Agreement and reassert the licensing an

', the Commissionfinds that (1) such tennination orsuspension is c require health andsafety, or (2) the State has not complied with one ormore mrily suspend all orpart ofthis Agreement if,' in the gency situation exists requiring immediate action to protect public health and O274oftheAct.

ment and actions taken by the State under this i

ARTICLE TX This Agreement shall become effective on April 1,1992, and shall remain untilsuch time as it is terminatedpursuant to Article VIII.

_ _ _ _ _ _ _ - - - - - - - - - - - ' - - - - - - - _ _ _ _ _ _ _ _ _ . _ _ _ _ _ - - - - - - - - - - - - - - - - ~ ~ - - ~ ~

1 i

, W k % nMs N'dayofMar41992

,: ; raninEUNDEDSTA7ES NUCLEARREGULATORY COMMISSION

<. , ,r. : .

Y+

~

) [

. y.

's

,~, i A

l a, ; y, i atAmds Maks kW sMeQCdygwg 1992 JOR THESTATEOFMAME 3

M J R. McKeman, Jn Gownor

ACTi0ll i

EDO Principal Correspondence Control FROM DUE: 09/12/96 EDO CONTROL: GT96662 DOC DT: 08/21/96 -

FINAL REPLY:  !

Sen. Charles S. Robb I TO ,

Dannis Rathbun, OCA FOR SIGNATURE OF : ** GRN ** CRC NO: 96-0920 Executive Director DE3C: ROUTING:

REQUEST INFORMATION THAT WOULD CLARIFY WHETHER THE Taylor ,

COMMONWEALTH OF VIRGINA WILL BECOME AN AGREEMENT Milhoan l STATE Thompson Blaha DATE: 08/29/96

. ASSIGNED TO: CONTACT:

l SP Bangart '

SPECIAL INSTRUCTIONS OR REMARKS:

l El '

e o

)$ CD m

b!

e?

N i

i

+

I l

m y

+

y- ,

0-OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET PAPER NUMBER:. CRC-96-0920 LOGGING DATE: Aug 26 96 ACTION OFFICE: EDO-AUTHOR:. SEN CHARLES ROBB AFFILIATION: U.S. SENATE ADDRESSEE:- RATHBUN LETTER DATE: Aug 21 96 FILE CODE: IDR-15

SUBJECT:

. REQUEST INFORMATION THAT WOULD CLARIFY WHETHER THE COMMONWEALTH OF VIRGINIA WILL BECOME AN AGREEMENT 4 STATE ACTION: Signature lof EDO DISTRIBUTION:- CHAIRMAN SPECIAL HANDLING: OCA TO ACK I CONSTITUENT:

NOTES: g DATE DUE: .Sep ,18 96 SIGNATURE: . DATE SIGNED:

AFFILIATION:

I 1

1 a

l EDO -- GT96662 I

J

.I

. - . . . .