ML20132E000

Forwards Info Re Replacing Third Paragraph to OAS Ltrs

ML20132E000
Person / Time
Issue date:	11/26/1996
From:	Funches J NRC
To:	Bangart D NRC
Shared Package
ML20132D980	List: ML20132D978 ML20132E000
References
NUDOCS 9612200239
Download: ML20132E000 (3)

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November 26, 1996 I

Note To: Dick Bangar , ,

From: Jesse Fu es /'

Subject:

Suggested Edits on OAS Letter Suggest the third paragraph be replaced with the following:

In response to your request for fee information, the office of the i controller provided the following information. The NRC collected l approximately $454 million in fees in FY 1996. Approximately $242 million was collected in fees from licensees and applicants having l a billing address in Agreement States during FY 1996. Of this amount, approximately - $4 9. 6 million was collected in accordance with 10 CFR Part 170 and.$192.4 million was collected for annual fees (10 CFR Part 171). Included in the .above figures was $225,600 collected for reciprocity.

I question the wording in the interpretation of Commission / Chairman guidance in the 2nd to the last paragraph in the _ letter.

Specifically that "NRC is _ committed to fund travel related to support-of NRC programs." I believe the Commission's guidance to-be more specific and not as broad in committment as you have stated.

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ACTION

.EDO Principal Correspondence Control FROMs. DUE: 11/04/96 EDO CONTROL: GT96787 DOC DT: 10/03/96 4

FINAL REPLY:

RobDrt M.'Quillin Organization of Agreement States 4

'TO:

Chairman Jackson i FOR SIGNATURE OF : ** GRN ** CRC NO: 96-0953' i Bangart c

' DESC:- ROUTING:

COMMENTS FROM AGREEMENT STATES MEETING ' Taylor-Milhoan' Thompson Blaha Scroggins, OC Paperiello,NMSS~

-DATES 10/17/96 Morrison, RES Miraglia, NRR ASSIGNED TO: CONTACT: , Cyr, OGC .

Lieberman, OE SP Bangart SPECIAL INSTRUCTIONS OR REMARKS:

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. OFFICE-OF THE SECRETARY

. CORRESPONDENCE CONTROL TICKET l

PAPER' NUMBER: CRC-96-0953 LOGGING DATE: Oct 2 96 l

ACTION OFFICE: EDO

' AUTHOR: ROBERT QUILLIN AFFILIATION: COLORADO ADDRESSEE: CHAIRMAN JACKSON i

L1EPTER DATE: Oct 3 96 FILE CODE: PER-13-1 l

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SUBJECT:

LTR OF APPRECIATION TO THE NRC FOR HOSTING THE AGREEMENT STATES MEETING i

ACTION: Appropriate i

DISTRIBUTION: CHAIRMAN, COMRS, RF SPECIAL HANDLING: NONE i

L CONSTITUENT:

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DATE DUE:

SIGNATURE: . DATE SIGNED:

j AFFILIATION:

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EDO -- GT96787 l

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A Organiution of Agreement States j i

i Robert Quillin, Chair Roland Fletcher, Chair-Elect Richard A. Ratliff, P.E., Past Chair Thomas Hill, Secretary

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October 3,1996 I The Honorable Shirley Jackson l

Chairman - i U.S. Nuclear Regulatory Commission -;

. Washington, D.C. 20555

Dear Chairman Jackson:

I am writing to express the appreciation of the Organization of Agreement States (OAS) to the U.S. Nuclear Regulatory Commission (NRC) for hosting this years Agreement States Meeting, and in particular for Commissioner Dieus in meeting with us. Her remarks were very thoughtful and timely.

Our number one issue is the funding for training of Agreement State staff. The loss of training for staff will not have an immediate effect. As time progresses, the lack of a consistent basis of knowledge and process as gained from NRC training courses could appear across State programs. We are concerned with the argument l

that NRC licensees are supporting the Office of State Program activities and Agreement State licensees are not.

This argument does not consider the fact that there are fees being paid to the NRC by Agreement State -

licensees for reciprocity in NRC states, fees are paid by Agreement State licensed device distributors to the  ;

NRC, and that low-level waste surcharges paid to the NRC do not support the low-level waste sites in Agreement States. Nor does this consider the fees paid by power reactors located in Agreement States. The owners of power reactors are frequently Agreement State licensees. To this end, we ask NRC to furnish us with the figure for the most recent available year of the fees paid to the NRC by licensees of Agreement States and non-federal NRC licensees located in Agreement States, l

The OAS considers the NRC's Strategic Assessment process to be very important. Consequently, we have assigned specific states to be the lead in assembling comments on various Direction Setting issues (DSI). The OAS plans to make its views known on all of the applicable DSI's, both in urkny and at the public meetings.

Likewise, we plan over the coming year to comment on proposed NRC rules Al policies. Specifically, a motion was passed unanimously concerning the proposed rule on Unauthorized Use of Licensed Radioactive Material (copy attached) and the Draft Final Policy Statement on Adequacy and Compatibility was discussed and changes to the Policy Statement were proposed and adopted (copy attached).

To coordinate better the activities of the joint NRC/ Agreement State Working Groaps, we propose to invite State representatives of the Working Groups to participate in the monthly NRC/OAS teleconferences to report on the status of the Working Group activities.

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The Ilonorable Shirley Jackson October 3,1996 Page 2 With respect to IMPEP, the OAS appreciates the opportunity to participate on the IMPEP teams. This has been valuable to both the NRC and the Agreement States. We plan to replace the one review team member who is no longer with an Agreement State and effective January 1,1997, four state members of the Management Review Board will be replaced.

We would also like to express our appreciation for the excellent efforts of the joint NRC/ Agreement States Working Groups. These have provided an effective mechanism for the NRC and Agreement States to exchange ,

views on the issues being addressed. I With respect to the officers of the Organization of Agreement States, Roland Fletcher, of Maryland, was elected Chair-Elect and Richard Ratliff was continued as Past Chair.

The Agreement States Meeting provided the opportunity for an exchange of information on various issues related to nuclear medicine, state inspection of NRC licensees, import / export of LLRW and Ile(2) material.

One question arose as to the future commitment of NRC to fund travel of the OAS Executive Board. We would like clarification of this for planing purposes. In addition to the previous actions, the members of the OAS passed three resolutions (copies attached). The first two honored previous chairs of the OAS--Wayne Kerr and Terry Strong. The third resolution addresses the issue of training.

We appreciate the opportunity during the meeting to meet with Commissioners Dicus and McGaffigan. We also appreciate that NRC staff was available to discuss issues of mutual interest and concern.

Sincerely, 7

h v Robert M. Quillin, Chair Organization of Agreement States l

1 Attachments: as stated i

cf: All Agreement States Program Directors i Massachusetts Ohio Oklahoma Pennsylvania J

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Of A Organization of Agreement States Robert Quillin, Chair Roland Fletcher, Chair-Elect Richard A. Ratliff, P.E., Past Chair Thomas Ilill, Secretary UNAUTIIORIZED USE OF LICENSED RADIOACTIVE MATERIAL The Organization of Agreement States, Wednesday, October 18,1996, unanimously approved the following motion regarding the Unauthorized Use of Licensed Radioactive Material:  ;

That the Organization of Agreement States goes on records as opposing the rule as written. That if the rule is implemented by the NRC as currently written that it be assigned a division 3 level of compatibility',

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R6bert Quillin, Chair Organization of Agreement States l

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r-OA S Organization of Agreement States Robert Quillin, Chair Roland Fletcher, Chair-Elect i

Richard A. Ratliff, P.E., Past Chair Thomas liill, Secretary l

RFSOLUTION ON TRAINING WIIEREAS, the Agreement States are in the process oflicensing or have licensed all low-level radioactive waste disposal sites which will operate through the end of this century; and l WilEREAS, NRC licensees will be using these sites; and WilEREAS, NRC is charging a supplemental fee for waste disposal, and these fees are not being provided to the Agreement States and therefore are not distributed equitably; and WIIEREAS, Agreement States respond to incidents involving transportation of NRC licensed material within their jurisdictions; and WIIEREAS, Agreement States have conducted surveys and assisted in the removal of byproduct material in defective devices at the request of NRC; and WilEREAS, states monitor the environs of nuclear power plants and other nuclear fuel facilities licensed by NRC with only partial compensation; and WilEREAS, Section 274i of the Atomic Energy Act of 1954, as amended, authorized the NRC to provide training for states; and i

WIIEREAS, many Agreement States provide salaries for staff to participate in NRC IMPEP reviews of Agreement States and NRC Regional Offices; and WIIEREAS, for an Agreement State to maintain an adequate staff, the staff must meet minimum training requirements which include training by NRC or training that is consistent with NRC standards; and WilEREAS, international students are being accepted for training by NRC and such training costs are paid by the NRC licensees; and WIIEREAS, Agreement States develop many rules that benefit the NRC such as well logging and industrial radiographer certification.

NOW TIIEREFORE, BE IT RESOLVED,in order to be more equitable, the NRC should reconsider its decision l to stop funding the training of Agreement State representatives as may be required for demonstration of adequacy of an Agreement State program.

BE IT FURTIIER RESOLVED, that copies of this resolution be provided to each of the NRC Commissioners and the National Governors Association.

Adopted this 19th day of September,1996.

% od Chair, Organization of Agreement States l

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s Af Organization of Agreement States Robert Quillin, Chair Roland Fletcher, Chair-Elect Richard A Ratliff, P.E., Past Chair Thomas lilli, Secretary RESOLUTION IIONORING TIIE SERVICE OF T. R. STRONG WIIEREAS, T. R. Strong has faithfully served the people of the state of Washington in the protection of public health and safety as the Director of the Washington Agreement State Program for over twenty years, WIIEREAS, T. R. Strong has faithfully served the state of Washington and the other Agreement States as an active member as NARM Czar, and ultimately as chairman of the Conference of Radiation Control Program Directors, WIIEREAS, T. R. Strong has faithfully served the Organization of Agreement States through its ex.istence, most recently as Chairman-Elect and until leaving his position as Director of the i Washington program, as Chairman of the Organization of Agreement States, NOW TIIEREFORE, BE IT RESOLVED, that the Organization of Agreement States, in recognition of T. R. (Terry) Strong's many years of dedicated services to the Organization and to the nations' citizens, bestows on him the honorary lifetime membership in the Organization of Agreement States with all attendant honors and privileges.

Adopted this 18th day of September,1996.

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l Organization of Agreement States Robert Quillin, Chair Roland Fletcher, Chair-Elect Richard A. Ratliff, P.E., Past Chair Thomas Hill, Secretary l

RESOLUTION HONORING THE SERVICE OF G. WAYNE KERR WlIEREAS, G. Wayne Kerr has made numerous contributions to the field of radiation protection over the past decades,and WIIEREAS, he has worked diligently for many years developing the NRC Agreement State Program and has assisted the states in improving their radiation control programs, and WHEREAS, he has served in both a federal and state capacity and has an excellent understanding of state radiation control program issues, and WIIEREAS, he was instrumental in creating the Organization of Agreement States, and WHEREAS, he has served as Chairman-elect, Chairman, and Past Chairman of the Organization of Agreement States, and WHEREAS, he developed a publication entitled " Topical Discussion of the NRC/ Agreement State Program" that provides a vital historical perspective of the Agreement State Program and underscores the principles upon I which the federal / state cooperative approach to radiation protection are founded, and I WHEREAS, he was the motivating force behind discussions between Agreement States and the NRC concerning compatibility issues and served as Chairman of the Organization of Agreement States Compatibility Task Force that submitted a thorough, well-prepared report to the Commission, and WHEREAS, he is respected nationally as a dedicated, cooperative, and knowledgeable health physics and radiation control program professional.

NOW THEREFORE, HE IT RESOLVED, that the Organization of Agreement States hereby recognizes G.

Wayne Kerr for his excellent understanding and insight into radiation issues from a national viewpoint, especially those requiring federal-state cooperation.

HE IT FURTHER RESOLVED, that the Organization of Agreement States hereby expresses its heart felt appreciation for his dedicated service to the radiation programs in the United States of America.

HE IT FURTHER RESOLVED,that the Organization of Agreement States, in recognition of G. Wayne Kerr's many years of dedicated service to the Organization and to the nation's citizens, bestows on him the honorary lifetime membership in the Organization of Agreement States with all attendant honors and privileges.

Adopted this 18th day of September,1996.

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Revisions Recommended to the '

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l Final Policy Statement

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on i Adequacy and Compatibility of Agreement State Programs l by l

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The Joint NRC-Agreement State Working Group for Development of Implementing Procedures i I August 21,1996 I

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, Text to be deleted is indicated by strikeout.

Text to be inserted is indicated by is.dliiis!

Addition changes proposed by the Organization of Agreement States are indicated by a combination of the ihrl_isisiW6F,6hdsjFiliiTaid1Fi.d.l.his.7sid.V.~ol.d..

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POLICY STATEMENT ON ADEQUACY AND COMPATIBILITY OF AGREEMENT STATE PROGRAMS PURPOSE' l

1 This Policy Statement presents the Nuclear Regulatory Commission's policy for the J determination of the adequacy and compatibility of Agreement State programs established pursuant to Section 274 of the Atomic Energy Act (AEA) of 1954, as amended. This Policy Statement is intended to clarify the meaning and use of the terms " adequate to protect the public health and safety" and " compatible with the Commission's regulatory program" as applied to the Agreement State program. The Policy Statement also describes the general framework thatitisFXifeihilent Stateis and the Commission will use in determining those NRCljikoqifim' elements' that Agreement State programs should implement to be adequate to protect the public health and safety and to be compatible with the Commission's program.

Finally, the Policy Statement reflects principles discussed in the Conunission's Statement of Principles and Policy for the Agreement State Program which should be considered m i conjunction with this Policy Statement. l I

This Policy Statement is intended solely as guidance for the Commission and the Agreement States in the implementation of the Agreement State program. This Policy l Statement does not itself impose legally binding requirements on the Agreement States. In addition, nothing in this Policy Statement expands the legal authority of Agreement States a beyond that already granted to them by Section 274 of the Atomic Energy Act and other relevant legal authority. Implementation procedures adopted pursuant to this Policy Statement shall be consistent with the legal authorities of the Commissicn and the Agreement  ;

States.

BACKGROUND The terms " adequate" and " compatible" constitute core concepts in the Agreement State program authorized in 1959 by Section 274 of the Atomic Energy Act of 1954, as amended (AEA). Subsection 274d. states that the Commission shall enter into an Agreement ,

under subsection b., discontinuing NRC's regulatory authority over certain materials in a i State, provided that the State's program is adequate to protect the public health and safety and compatible, in all other respects, with the Commission's regulatory program. Subsection 274g. authorizes and directs the Commission to cooperate with States in the formulation of standards to assure that State and Commission standards will be coordinated and compatible.

Subsection 274j.(1) requires the Commission to review periodically the Agreements and

' For the purposes of this Policy Statement, " program element" Q"jMQmeans any component or function of a radiation control regulatory program that contributes to implementation of that program including regulations adopted and promulgated.

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actions taken by States under the Agreements to ensure compliance with provisions of Section 274. In other words, the Commission must review the actions taken by States under the Agreements to ensure that the programs continue to be adequate to protect public health

and safe (, g~"_~"m_"mm.=g=" * " ~ ~ _" ' _ ~ ~ * *cy~ "_~ j^ ~ ~

Secti6n'274'6f tis'AEA' reqsiresi that'to'becosie~as'Agreemdnt StitEllii~iifogr6ds'tii ^ ~ ~ ~ ~ ~

both " adequate to' protect the public health'and safety" and "ccmpedble'with the Commission's program."< These separate findings should be based on consideratiod~of'tW6 l different objectives. First, an Agreement 9 tate program should provide for an $cceptable'^

level of protection for'public' health and ' safety in an 'Agr'e ement State (the f*Aa==ay"'~'~'

component). Secondly l the Agr====* States and Commiadon mustgeogeans should.idso'

' ensure that itsdult Programa are ., = n. "" " M /.2.: ::"d

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preteesien (the " compatibility" component); ' As discussed in mored' etail below, ait i

p" adequate" program s ' hould considf those ;q "'- - ' program elements deenisd nemaammHolatly determhr37the A- -- ' Sta**='-H the C * ' to b i ~

l ' appropriate to maintain an acceptable level of'prata-dan of the public health and safstp

within an Agreement State, 'A " compatible" program should consist of those'vegidations

, andprogram elements t- M m: T ' % d**=8aad by the As---- o S*=**= ==d

! the Commission to be annronriate by 'h0 C ' ^r to meet a larger nationallaterest in radiation protection sanacally Il=l**d to ' areas of renula*lan that are r' *Iaead to'~

activities involvine sientfL " tra=h-d=-y ImnHentin : The; G ' ^

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elements for adequacy focus on the protection of public health and safetp within a particulir l State, whereas the requie==a=*aaronram *Iamants for compatibility focus on 'the effects lof NRC and State actions or inactiong either on the regulation _of agreement _ materials on a i na!ional; basiss or onyther States) l A. ADEQUACY An Agreement State's radiation control program is adequate to protect the public j health and safety if administration of the program provides reasonable assurance of protection

! of the public health and safety in regulating the use of source, byproduct, and small j quantities of special nuclear material (hereinafter " agreement material") as identified by j Section 274b. of the AEA. A State radiation control program for agreement material should contain five essential)i;iffisi elements necessary to provide reasonable assurance of protection of the public health and safety. The overall level of protection of public health and safety provided by the]hi6piini elements of a State program should be equivalent to, or more stringent than, the level of protection provided by the NRC program. The level of protection provided by the bi6eFani elements of NRC's program is presumed to be that which is 5@dh:fidf6dite to provide reasonable assurance of protection of the public health and safety.

The shFesmsHtrStitis a6dlb(Commission will use the fiveJiifopr^am elements,

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identified below, to' define the scope ofitahe NRC reviews of Agreement State programs.

The Commission will also consider, when appropriate, other aspects of an Agreement State 2

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program, such asyrogrssi elements jig [g' jj, whici; appear to affect the program's

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ability to provide reasonable assurance of public health and safety protection. Such consideration will occur only if concerns arise. ThEMEFisisFs0StsfEs~sid1EFNROMII foliitlFdefirihiiis"slisthW6Fiiofaiiisishiis elemate will behe d'6r e addad!

l l 1. LEGISLATION AND LEGAL AUTHORITY State statutes should:

a. authorize the State to establish a program for the regulation of agreement material and provide authority for the assumption of regulatory responsibility under an Agreement with the NRCC6miBississ;

b. authorize the State to promulgate regulatory requirements necessary to provide reasonable assurance of protection of the public health and safety;

c. authorize the State to license, inspect, and enforce legally binding requirements such as regulations and licenses; and l d. be otherwise consistent with Federal statutes, as appropriate, such as Public Law 95-604, The Uranium Mill Tailings Radiation Control Act (UMTRCA).

l In addition, the State should have existing legally enforceable measures such as generally applicable rules, license provisions, or other appropriate measures, necessary to allow the State to ensure adequate protection of the public health and safety in the regulation of agreement materials in the State. SpshifiEEll 24pssihsislStifesishl6hldiidop(h nuinlieF6fiFsualfisiishis'bbHiiihtibls'with Cdsunissids:rsgulatidssib6ddie@ t aiiisisi l health and 2 safety;;lsignifica6delof.;thesejrulesR Isi ad6 1 stisglhesc ;rd i ;u!Alissshidt reauirenients?Asreemeh{Stsiedlbuld ustidilRim)6ss tsquirenibats"tlist'aiefsf1sisfis stringest asilliokdf tlie[C6ftiddAsioniIThe%ereemss(SiatEs shd thANRCYilli ioiNN

'deterniine Which Fenulations'mest this criteria!

2. LICENSING The State should conduct appropriate evaluations of proposed uses of agreement material, before issuing a license, to assure that the proposed licensee's operations can be l conducted safely. Licenses should provide for a reasonable assurance of public health and safety protection in relation to the licensed activities, i

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3. INSPECTION AND ENFORCEMENT I The State should periodically conduct inspections of licensed activities involving agreement material to provide reasonable assurance of safe licensee operations and to determine compliance with its regulatory requirements. When dgtsrmisdd necessary bf the

$15H, the State should take timely enforcement action against licensees through legal sanctions authorized by State statutes and regulations.

4. PERSONNEL l

The State should be staffed with a sufficient number of qualified personnel to implement its regulatory program for the control of agreement material.

5. RESPONSE TO EVENTS AND ALLEGATIONS l 1

i The State should respond to, and conduct timely inspections or investigations of I incidents, reported events, and allegations involving agreement material Withiri'tlis"Siate's  !

Isiisdistl65 to ensure continuing reasonable assurance of protection of the public health and l safety.

B. COMPATIBILITY l 1

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States and the"NR'O conduct' compatible men EUsinc(failure in'ds's6'could jeopardize an orderly pattern in the regulation of agreement material on a national basis.

(j] IMPLEMENTATION In implementing this approach to idsdaacy add' compatibility, %Aireeinent Stajej ind'the Commission will use the following three component approach:

1. The Agreement State should adopt basic radiation protection standards, and the 2

dose limits in 10 CFR 61.41, that are essentially identicalsdiilhisnt to those of the Commission, unless Federal statutes provide the State authority to

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E t'4Ths Commission intends'16 implement this'coniponent consistentivith'its earlier

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Be~cisio'nlin the;LLW area 16'sHowreco6nize'thsihgresmenhStAtssLiisdfisxibillitp[td e

' stablish' pre-closure' operational. release ' limit LobjectivesPAl. ARA 'goalsLor design' objectives a[su;ch levels as the;Statefmayldelem necessafyld_r appr6driate[so[lbrigjas the leve_l;of protection of public health"and,safetyjs es'sentially equivglent to thlat; afforded by,thle Commission; .

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adopt different standards. The term " basic radiation protection standards" means publie dose limits and radiation protection related concentration and release limits in 10 CFR Part 20 that are ifniiFsilf? applicable %iPidi-liiiiiiii.

ThFre~f~ ~~'~~?~E'TSsEM*sEWlENRC71Lintif d&tstr=3a%DGsWI$dairs PWidr- die a *Ias niase*IaAW6dairds?

The Agreement State should also adopt, in an essentially ldsssississniff.1Z5; form, a limited number of definitions, signs, labels and scientific terms which j are necessary for a common understanding of radiation protection principles l among licensees, regulatory agencies, and members of the public. (D@ {

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! 2. The Agreement State should adopt regulations essentially idii6issisdslislist i l to those of the NRG ,C6isisisii6tj for those areas of regulaii6EtI5i are relateil i l to activities involving significant transboundary implications. It is the l Commission's intent to limit this category to a small number of regulations j (e.g., transportation requirements) that directly involve such activities. T@

Xaffisisht'gistiiFsid:NRCIIAIKelV~dsifsiFEilsi" shish 7Ein!setAWaiFE includsd by this^critsria]

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3. For all other Q'*'[5M[eid[srsgrais elements, the Agre^esiisnt Stiateg and l

ihsTCommission will apply the following approach: '

a. The Agreement State should adopt and implement essential objectives l of certain Commissionyf7'"*##^i#' program elements (e.g.,

reciprocity proceduresji.,dctgglingl.jging6 .

iiiiiditis'NRCi that are importanifor an Agreement State to Isave in l

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^2Es$2iM2^Kjgg;- an orderly pattern m the regulation of agreement material on a national basis. Such Agreement State l T5fprogram elements 555d35f!i5 'd-D5Tt5?i5EldWiisi

! if7""*Idie EfIsdne corresponding C5mM[ssi$n IA['*5dtprogram l elements; in a few cases @y61Vi(@difi[ptniddid6],

however, Agreement State regulations must shbdid be at least as stringent as that Di;6h of the Commission;

b. The Agreement State j'EEi'dl'i5i31is flexibility to adopt and implement Commissiony;&^'pdidfidprogram elements in addition to those necessary @h'jfor adeduiWdf compatibility, as identified in QB.1, CB.2, and QB.3.a above; and 4

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c. An Agreement State may adopt and implement other Q'jg=j pibifidi elements within the State's jurisdiction that are not addressed  !

by the C66nhissidhNRC.

AllyE!d(!pH55@f6Efasi elements covered under this third component ^

l must sh6uld be compatible with those of the Commission (i.e., must sh661d, l not create conflict, duplication, gaps, or other conditions which jeopardize an

! orderly pattern in the regulation of agreement material on a national basis).

In addition, Aiffsssiint[S6td [((iEjilj5@y pf65pi$ elements covered under this inird component should not be adopted or implemented in such a manner l that the State:

yd: precludes, or effectively precludes, a practice' within the national interest without an adequate public health and safety or environmental basis related to radiation protection; or ye- precludes, or effectively precludes, the ability of the  ;

Commission to evaluate the effectieeness of the NRC and l Agreement State programs for agreement material with respect to protection of public health and safety.

Fi=!!y, : To foster and enhance a coherent and consistent [($!EEE; program itati6sslly for the regulation of agreement material, the Commission encourages Agreement States to adopt and implement similarM!sj!55 d@'

program elements which are patterned after those adopted and implemented by

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the Commission. FidsllyEthsTsEEthst ih'7AgfEEhissf;S616Tpf6pfisiils bompiilbisWitiftldt $f theIC$nuiNAsioniddeslh6dffEEf0$$St$ie%blihili6n io inaindin(an'sdei[hste prdjfrahi{us@hshfi@ghiiMP6MS. isis $5ik ^

By adopting the criteria for adequacy and compatibility as discussed in this Policy Statement the Commission intends to p: Mjd5lEaFIFrec6dnifeI hst1hs t Agreement States

@lis~ve a broad range of flexibility in the administration of an individual program. In doing so, the Commission sM!d15)!!MfE6^cohiiiiEs'thit Agreement States pshjjj fashion their programs so as to refisct specific State needs and preferences. The Commission

!MEE1351)] minimize the number of NRC regulatory requirements that the Agreement sia^iesilll'be requested to adopt in an h*5M!E!5561 palest mannerME55!C5fih5

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[@($$yp@pjEQy. At the sameiime, thgsdeojiEFinic6mpjdlilli[~

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" Practice" means a use, procedure, or activity associated with the application, possession, use, storage, or disposal of agreement material. The term " practice" is used in a j broad and encompassing manner in this Policy Statement. The term encompasses both general activities involving use of radioactive materials such as industrial and medical uses and specific activities within a practice such as industrial radiography and brachytherapy.

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s5hipjp{ppyg%i[sinshEWE5finaitisiirrishis*stf6R~asi5nFihe'Aereemsnt'StMs '

Mthe Commission to ensure that an orderly regulatory pattern for the regulation of i

agreement material exists across the country. The XiiWe^EhsFhfStilsisdthFCommission I believej that this approach achieves a proper balance between the 'desieeneed for Agreement State flexibility and the need for coherent regulation of agreement material across the country.

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