ML20134K308
| ML20134K308 | |
| Person / Time | |
|---|---|
| Issue date: | 01/03/1997 |
| From: | Thompson H NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Burlington D, Dear J, Forrister D, Mcginty K, Nichols M ENERGY, DEPT. OF, ENVIRONMENTAL PROTECTION AGENCY, LABOR, DEPT. OF, MARYLAND, STATE OF, WASHINGTON, STATE OF |
| References | |
| NUDOCS 9702130236 | |
| Download: ML20134K308 (10) | |
Text
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,2 January 3,'1997 l
l Mr. Joseph A.
Dear,
Assistant Secretary l
Occupational Safety and Health Administration 6
l U.S. Department of Labor-200 Constitution Avenue, N.W.
l Washington, D.C. 20210 l
==Dear Mr.
Dear:
==
Governor William F. Wald, on behalf of the Commonwealth of Massachusetts, has submitted a request that the NRC enter into an Agreement with the State pursuant to Section 274 of the Atomic Energy Act of 1954, as amended. Under the proposed 6
Agreement, the Commonwealth would assume responsibility for regulating byproduct material (other than the tailings material from source material processing), source material and special nuclear material in quantities not sufficient to form a critical mass.
Enclosed for your information is the Federal Reaister Notice published on December 26, 1996 (61 FR 68066), in which NRC staff summarizes its assessment of the Massachusetts program for exercising this regulatory authority. The comment period ends January 23,1997.
Sincerely, hightCISM7 y;p y q=n,3.
Hugh L. Thompson, Jr.
Deputy Executive Director for Nuclear Materials Safety, Safeguards, and Operations Support
Enclosure:
Federal Register Notice cc:
Agreement States Non-Agreement States Distribution:
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Mr. Joseph A.
Dear,
Assistant Secretary Occupational Safety & Health Administration U.S. Department of Labor 200 Constitution Avenue Washington, D.C. 20210
==Dear Mr.
Dear:
==
Governor William F. Weld, on behalf of the Com onwealth of Massachusetts, has submitted a request that the NRC enter into an A reement with the State pursuant to Section 274 of the Atomic Energy Act of 1954, a amended. Under the proposed Agreement, the Commonwealth would assume res onsibility for regulating byproduct material (other than the tailings material from sour e material processing), source. material and special nuclear materialin quantities not suffic nt to form a critical mass.
Enclosed for your information is the Federal Registed notice published on De'cember 26, 1996, (61 FR 68066)in which NRC staff summarize it's assessment of the Massachusetts program for exercising this regulatory authority. Th comment period ends January 23, 1997.
Sincerely, Richard L. B gart, Director Office of Sta Programs
Enclosure:
Federal Register Notice cc: Agreement States Non-Agreement States Distribution:
DlR RF DCD (SPO3)
PDR (YES)
RLBangart PLohaus RBlanton Massachusetts File
'identica Letters Sent to DOCUMENT NAME: G:\\RLB\\DEARLTR.RLB Attach d List 72 eseelve a copy of th4e stocu,nont, Indacete in the boa: "C" = Copy without ettschment/ enclosure "E" = Cop with attachment / enclosure
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identicalletters to:
1 Mr. Dirk L. Forrister, Assistant Secretary Congressional, Public and Intergovernmental Affairs U.S. Department of Energy 1000 Independence Ave, S.W.
Washington, D.C. 20585-0001 1
Ms. Kathleen A. McGinty, Chair Council on Environmental Quality i
722 Jackson Place, N.W.
Washington, D.C. 20503-0002 Dr. D. Bruce Burlington, Director Center for Devices & Radiological Health Food and Drug Administration 9200 Corporate Boulevard, Room 100 Rockville, MD 20850 Ms. Mary D. Nichols Assistant Administrator for Air and Radiation U.S. Environmental Protection Agency s
401 M Street, S.W.
Washington, D.C. 20460 1
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UNITED STATES a
NUCLEAR REGULATORY COMMISSION u{
WASHINGTON, D.C. 30806 4001 i
January 3,1997 Mr. Joseph A.
Dear,
Assistant Secretary Occupational Safety and Health Administration
- ).S. Department of Labor 200 Constitution Avenue, N.W.
Washington, D.C. 20210
==Dear Mr.
Dear:
==
Governor William F. Weld, on behalf of the Commonwealth of Massachusetts, has submitted a request that the NRC enter into an Agreement with the State pursuant to Section 274 of the Atomic Energy Act of 1954, as amended. Under the proposed Agreement, the Commonwealth would assume responsibility for regulating byproduct material (other than the tailings material from source material processing), source material and special nuclear material in quantities not sufficient to form a critical mass.
Enclosed for your information is the Federal Reaister Notice published on December 26, 1996 (61 FR 68066),in which NRC staff summarizes its assessment of the Massachusetts program for exercising this regulatory authority. The comment period ends January 23,1997.
Sincerely, l41 1
/
Qugt L. Thomps
,J.
l Deputy Executiv D' e or for Nuclear Materials ety, Safeguards, and Operations Support Enclorure:
Federal Reaister Notice cc:
Agreement States Non-Agreement States
s Wentical letters to:
Mr. Dirk L. Forrister, Assistant Secretary Congressional, Public and intergovernmental Affairs U.S. Department of Energy 1000 Independence Ave, S.W.
Washington, D.C. 20585-0001 Ms. Kathleen A. McGinty, Chair Council on Environmental Quality 722 Jackson Place, N.W.
Washmgton, D.C. 20503-0002 Dr. D. Bruce Burlington, Director Center for Devices & Radiological Health Food and Drug Administration j
9200 Corporate Boulevard, Room 100 Rockville, MD 20850 Ms. Mary D. Nichols Assistant Administrator for Air and Radiation U.S. Environmental Protection Agency 401 M Street, S.W.
Washington, D.C. 20460
I 1
t 68066 Federal Register / Vol. 61, No. 249 / Thursday, December 26, 1996 / Notices 6
and (6) of the Government in the Sunshine Purpose ofMeetingho provide advice and NUCLEAR REGULATORY j..
Act.
recommendations concerning proposals COMMISSION M. Rebecx;a Winkler, submitted to NSF for fpancial support.
Committee Management Officer.
Agendo:To review apd evaluate proposals Commonwealth of Massachusetts:
[
[FR Doc. W32816 File i 12-24-96; 8.45 arn). submitted to the Matbe;natical Science Staff Assessmentof Proposed
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Division.
l Agreement Between the Nuclear suseo ooot mm Reasonfor Closing:The proposals beleg Regulatory Commission and the reviewed include info ation of a Commonwealth of Massachusetts NATIONAL SCIENC FOUNDATION
,',,,", l,
" 8 AGD4CY: Nuclear Regulatory i
ta, u Special Emphasis Panelin salaries; and personal information Commission.
Mathematical Scienc' s; Notice cf c nceming individuals associated with the ACTION: Notice of proposed agreement e
exemptions (4) and (6)(of 5 U.S C. 552b(c).
Proposals. These 'natte s are within with the Commonwealth of Meeting Massachusetts.
2..
In accordance with e Federal the Government in the Sunshine Act.
SUlmARY:The U.S. Nuclear Regulatory Advisory Committee et (Pub. L 92-M. Rebecca Winkler, 463, as amended), th National Science Commission (NRC) has received, from Foundation announces the following CommitteeMonogemen Officer.
the Governor of the Commonwealth of IFR Doc. W32818 Fileil 12-24-96,8 45 arn) Massachusetts, a proposal to enter into "E"
supeo coce nu.45-as an Agreement pursuant to Section 274 Name and Committee Code:Special Emphasis in Mathematicp! Sciences (12o4).
of the Atomic Energy Act of 1954, as S ecial Emphasis Palnelin amended (Act). The proposed e and T m anu W18,1997; 8.30 Agreement would permit Massachusetts Place: National Science Foundation,4201 Undergraduate Education; Notice of to assume certain portions of the l
Wilson Boulevard. Arlington, VA 22230 Meeting Commission s regulatory authority. As Room 340.
i required by the Act NRC is publishing Type of Meeting Closed.
In accordance with the Federal the proposed Agreement for public
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Contoct Person: Dr. Subramaniya 1.
Advisory Committee het (Pub. L92-comment. NRC is also publishing a Hariharan, Progrwn Director. National 463, as amended), the' National Science summary of the NRC staff assessment of j
Science Founde. tion. 4201 Wilson Boulevard, l
1 gt VA 22230. Room 1025 Telephone. Foundation announce's the following the proposed Massachusetts radiation meeting.
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control program. Comments are Purpose o' Meeting:To hrovide advice andName: Special Emphasis Panel in lly Pub ic hea th d fet recomrnendations concerning proposals Undergraduate Education (1214).
th nfe alua' 'u P,"
Date and Tune: January 14th (7:30 p.m. to
"'hIg"reemen
~
If tively release a
ie p 9p9,,;,
concemlr.g the Applied and Computations 9:00 p.m.), January 15th (8.30 a m. to 5:00 (exempt) persons in Massachusetts from 6
I Mathematics Programs as part of the P m.) and January 16th (8 30 a m to 3:00 certain portions of the Commission's Place: Room 375, NSF,l4201 Wilson regulatory authority. The Act also P m ).
selection pmcess for awards.
Reasonfor Closing The proposals being reviewed include information of a Boulevard, Arlington,V4 requires that NRC publish those 4
proprietary or confidential nature, including Type ofMeeting Close5 -
exemptions. Notice is hereby given that 1
technical inferrnation, financial ' data, such as Contact Person: Dr. Terry Woodm. Program the pertinent exemptions have been salaries and personal information concerning Director Division of Undergraduate previously published in the Federal
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individuals associated with the p:oposals.
Education (DUE), Room 835, National Register and are codified in the
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These matters are exempt under 5 U.S.C.
" " E 552b(c)(4)and (6)of the Governmentalin the Science Foundation,420j Wilson Blvd.,
Arlington. VA 22230. Tel' (703) 3W1666 Sunshine Act.
4 Purpose of Meeting:To' provide advice and DATES:The comment period expires M. Rebecca Winkler, i
recommendations concerhing proposals January 23,1997. Comments received, Committec Management Officer.
submitted to NSF for financial support.
after this date will be considered ifit is
[FR Doc. W32817 Filed 12-24-96; 8 45 aml Agendo: To review and evaluate proposals Practical to do so, but the Commission Excullence in Teacher Re{aborative for is able to assure consideration only for l
submitted to the NSF Co!
euseo coot nu.4t-as erse Site Panel comments received on or before this i
- Meeting, date.
Special Emphasis Panelin Reasonfor Closing:Th proposals being ADDRESSES: Written comments may be Mathematical Sciences ~(#1204) reviewed includes information of a submitted to Mr. David L Meyer, Chief, I
In accordance with the Federal proprietary or confidential nature, including Rules Review and Directives Branch, Advisory Committee Act (Pub. L 92-technical information, financial data, such as Division of Freedom ofInformation and 463, as amended), the National Science salaries; and personalinformation Publications Services, Office of concerning individuals associated with the Administration, Washington, DC 20555-Foundation announces the following proposals. These matters are within 0001. Copies of comments received by meeting:
}
exemptions (4) and (6) of 5 U.S C. 552b(c) the NRC may be examined at the NRC Name: Special Emphasis Panel in Government in the Sunshine Act.
Mathematical Sciences (81204)-
Public Document Room 2120 L Street, M. Rebea:a Winkler, j
NW. (Lower level), Washington, DC.
P oce m3. S 4 of is n Committee Manage'nent Officer.
Copies of the proposed Agreement, Boulevard. Arlington.VA.
[FR Doc. W32819 Filed 12-24-96; 8:45 am]
g th op of Type ofMeeting: Closed.
eld clud gte er nced supeo coos ms an Contact Person:J. Whitehurst, Nationaj enclosures, applicable legislation, i
Science Foundation,4201 Wilson Blvd.,
regulations for the control of radiation, Room 1025, Arlington, VA 22230. Tel:(703) and the full text of the NRC staff i
3W1666.
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assessment are also available for public 4
Federal Register / Vol. 61 No. 249 / Thursday, December 26, 1996 / Notices 68067 a
\\
inspection in the NRC's Public (as defined in the I.ow. Level of this proposed Agreement, licenses Document Room, Radioactive Waste Policy Amendments issued by NRC will continue in effect FOR FURTHER INFORMATION CONTACT:
Act of 1985,42 U.S.C. 2021b) received under Massachusetts regulatory Richard L. Blanton, Office of State from other persons. The Commonwealth authority until these licenses expire or Programs, U.S. Nuclear Regulatory does not wish to assume authority over are replaced by Commonwealth issued Commission, Washington, DC 20555-the regulation of byproduct materials as licenses.
0001. Telephone (301) 415-2322 or e.
defined in Section 11e.(2) of the Act, (d) The NRC staff assessment finds the mill RLBCNRC. GOV.
that is over tailings from the recovery of proposed Massachusetts program SUPPLEMENTARY INFORMATION:The sourte materials from ore, but does adequate to protect public health and i
Commission has received a request from reserve the right to apply at a future date safety, and compatible with the NRC Governor William Weld of for an amended agreement to assume program for materials regulation.
Massachusetts to enter into an authority in this area.
Agreement whereby the NRC would (b) The proposed agreement contains II. Summary of the NRC Staff Assesament of the Massachusetts discontinue, and the Commonwealth nine articles that (1) list the materials would assume, certain regulatory and activities to be covered by the
"" for the Control of Agreement h
cuthority as specified in the Act.
Agreement; (2) specify the activity for Section 274 of the Act authorizes the which the Commission will retain NRC staff has examined the proposed Commission to enter into such an regulatory authority;(3) allow for future Massachusetts radiation control agreement.
amendment of the Agreement;(4) allow program with respect to the ability of Section 274e of the Act requires that for certain regulatory changes by the the program to regulate agreement the terms of the proposed Agreement be Commission; (5) reference the continued materials. The examination was based published for public comment once authority of the Commission for on the Commission's policy statement each week for four consecutive weeks.
Purposes of safeguarding nuclear
" Criteria for Guidance of States and This notice is being published in the materials and restricted data;(6) commit NRCin Discontinuance of NRC Federal Register in fulfillment of the the Commonwealth and NRC to Regulatory Authonty and Assumption requirement.
exchange information necessary to ThereofbyStates Through Agreement" maintain coordinated and compatible (referred to herein as the " criteria") (46 I, Background programs;(7) recognize reciprocity of FR 7540; January 23,1981, as amended).
(e) Section 274d of the Act provides hcenses issued by the respective (a) Organizatmn and Personnel. The the mechanism whereby a State may agencies; (8) identify cri!*ria for the Proposed program unit responsible for assume regulatory authority, otherwise suspension or termination of the regulating agreement materials will resened to the NRC, over certain Agreement; and (9) specify the proposed consist of 13 technical / professional radioactive materials 8 and uses themof. effective date. The Commission reserves Positions within the existing radiation in a letter dated March 28,19%,
the option to modify the terms of the control program of the Massachusetts Governor Weld certified that the proposed Agreement in response to Department of Public Health. The Commonwealth of Massachusetts has a comments, to correct errors, and to qualifications for staff members program for the control of radiation make editorial changes in style. Also, specified in the personnel position hazards that is adequate to protect because of several issues posed by this descriptions, and the qualiScations of heelth and safety of the public within request which required resolution the current staff members, meet the the Commonwealth with respect to the before the Agreement could be criteria for education, training and materials covered by the proposed concluded, the effective date requested experience. Allcurrent staff rnembers Agreement. and that the Commonwealth by the Governor could not be realized.
hold at least bachelor's degrees in desires to assume regulatory The final text of the Agreement, with physical or life sciences, or have a responsibility for these materials, the actual effective date, will be combination of education and Included with the letter was the text of published after the Agreement is experience at least equivalent to a the proposed Agreement, which is appmved by the Commission.
bachelor's degree. Most staff members shown in Appendix A to this notice.
(c) The Massachusetts radiation hold advanced degrees, and have had The specilic authorities requested by control program currently regulates additional training and experience in the Commonwealth of Niassachusetts users of naturally occurring and radiation protection. Senior staff have under this proposed Agreement are (1) accelerator produced radioactive more than five years experience each in the regulation of byproduct materials as materials, and users of certs r ".2-radiation control programs. The defined in Section 11e.(1) of the Act,(2) Producing electronic machine.. The program director has a master's degree the regulation of source materials,(3) pmgram was enabled by Massachusetts in public health and 15 years experience the regulation of special nuclear law (Massachusetts General Law in regulatory health physics.
materials in quantities not sufficient to IM.G L.) Chapter m, S 5B)in 1958.
(b) legislation and regulations. The form a critical mass, (4) the evaluation This statute was later replaced by Massachusetts Department of Public of the safety c,f scaled sources and M G.L. Chapter til, Sections 5M Health is designated by statute to be the devices (containing materials covered through SP. In 1987, M.G.L. Chapter radiation control agency. The by the Agreement) for distribution in 111H was added to prov;de for the Department is provided by statute with interstate commerce, and (5) the land regulation of low level red 2oactive the authority to promulgate regulations, disposal of low-level radioactive waste waste. Section 7 of the legislation.
Issue licenses, issue orders, conduct j
contains the authority for the Governor ins ions, and to enforce compliance 8 The matenals sometimes referred to as to enter into an Agreement with the wi regulations, license conditions, l
"tgreement matensis." are (a) Byproduct matenals Commission.
and orders. Licensees are required by '
as defined in Section 11e (1) of the Act;(b)
The Massachusetts regulations law to provide access to inspectors.
thN."[cNu'rIeNeNaIs"a$n$e$$n$ tho[ ' C niain Provisions for the orderly The Department has adopted 11a. of the Act, and (d) Special cuclear materials transfer of authority over NRC licenses regulations (Massachusetts Regulations es defined in section t1aa. of the Act.r.s rict.d to to the regulatory control of the for the Control of Radiation or MRCR) quantities not sufficient to form a criucal mass.
Commonwealth. After the effective date providing radiation protection standards I
=
68068 Fed:ral Register / Vol. 61, No. 249 / Thursday, Dec mber 26, 1996 / Notices essentially identical to the standards in is expected to have effective ndes or agreement materials program urnt staff i
10 CFR Part 20. Technical definfuons in LBRs compatible with those of NRC in to use when evaluating license the MRCR are also essentially identical, effect at the time the agreement becomes applications.
The MRCR require consideration of the effective. The intent of this expectation (g) Inspections and Enforcement. The total radiation doses to individuals from is to spare licensees in the new Massachusetts radiation control all sources of radiation (except Agreement State from the " whipsaw" program has adopted a schedule background radiation and radiation effect of being subjected first to the new providing for the inspecuon oflicensees fmm medical treatment or NRC requirements, then the old as frequently as, or more frequently examinations, as is the case in the NRC requirements when the agreement takes than, the inspection schedule used by p
rules), whether the sources are in the effect, then again to the new NRC. The agreement materials program possession of the licensee or not. The requirements when later adopted by the unit has adopted procedures for the MRCR also require appropriate surveys State. Massachusetts is in the process of conduct of inspections, the reporting of and personnel monitoring under the adopting rules compatible with the inspection findings, and the report of close supervision of technically revised 10 CFR Part 71. However, these inspection results to the licensees. The competent people, and the use of rules may not become effective before program has also adopted procedures radiation labels, signs and symbols the Agreement is signed. Massachusetts for enforcement in the MRCR.
essentially identical to those contained intends to impose the requirements of (b) Regulatory Administration. The in to CFR Part 20. Posting requirements the new Part 71 rules in the interim by Massachusetts Department of Public and instruction of workers requirements issuing appropriate orders to the Health is bound by procedures specified adopted in the MRCR are compatible affected licensees.
in Commonwealth statute for with the equivalent current (e) Recordkeeping andIncident rulemaking. The program has adopted requirements of the NRC.
Reporting. The MRCR incident reporting procedures to assure fair and impartial Nothing in the Massachusetts statutes requirements are similar to the treatment oflicense applicants.
or regulations seeks to regulate areas not requirements in the NRC rules. The NRC (i) Cooperation with Other Agencies.
permitted by the Atomic Energy Act.
staff noted that for some NRC rules that The MRCR deems the holder of an NRC The MRCR contains a provision to avoid specify a records retention period ofless license on the effective date of the interference with those regulatory than five years, the retention period Agreement to possess a like license requirements imposed by NRC pursuant specified in the MRCR is shorter. The issued by Massachusetts. The MRCR to the Act, and for which NRC staff concluded, however, that the pmvides that these former NRC licenses Commonwealth licensees have not been retention periods specified in the MRCR will expire either 90 days after receipt exempted under the agreement.
rules are adequate since the retention from the radiation control program of a (c) Storage and Disposal. The MRCR periods are long enough to permit notice of expiration of such license or also contains compatible requirements examination of the records Juring on the date of expiration specified in the for the storage of radioactive snaterial, and for the disposal of radioactive routine inspections. The MRt2 imposes NRC license, whichever is earlier. The retention requirements similar to the MRCR also provides for " timely
' material as waste. The wasto lisposal NRC rules for records which must be renewal." This provision affords the requirements cover both wast disposal retained indefinitely or until the license continuance oflicenses for which an by material users and the larJ disposal is terminated application for renewal has been filed of waste received from othe< persons.
(f) Evoluotion of License Applications. more than 30 days prior to the date of The NRC staff noted some differences in The MRCR contains requirements expiration of the license. Licenses in the MRCR waste regulations as equis alent to the current NRC timely renewal are not excluded from compared to the NRC regulations in to regulations specifying the required the transfer continuation provision. The CFR Part 61, but determined that the contant of applications for licenses.
MRCR provides exemptions from the differences are related either to the renewals, r.nd amendments. The MRCR Commonwealth's requirements for prohibition of shallow land burial as a also provides requirements equivalent Ilcensing of sources of radiation for NRC
~ disposal technology or to the ownership l
of the disposal site by the Massachusetts to the NRC requirements for issuingand U.S. Department of Energy licenses and specifyin contractors or subcontractors.
conditions of licenses.g the terms and l
Low Level Radioactive Waste The agreement The Department of Public Health and l
Management Board. Because of these materials program unit has adopted a the Department of Labor and Industries l
special provisions. NRC staff procedure for processing applications have entered into a Memorandum of determined that the differences in the that assures the regulatory requirements Understanding, as authorized elsewhere regulations do not reduce the ability of will be met, or,if appropriate, in Massachusetts law, which provides the Massachusetts radiation control exceptions granted. The program unit for the Department of Public Health to program to protect health and safety, has the authority by Statute to impose exercise the responsibility and authority nor reduce the compatibility of the requirements in addition to the of the Department of Labor and program or the regulations themselves, requirements specified in the Industries with respect to radiation and (d) Transponat>on of Radioactive Material. The MRCR contains rules regulations. The program unit also radioactive materials. The Department retains by regulation the authority to of Environmental Protection is equivalent to 10 CFR Part 71 as in effect grant speci6c exemptions from the designated as the agency to adopt the prior to April 1,1996. Effective on that yequirements of the regulations. The suitability standards for any proposed date, the NRC amended Part 71. Under MRCR specifies qualifications for the disposal site under the Massachusetts 5
current policy, an existing Agreement use of radioactive materials in or on Low-Level Radioactive Waste J
State is allowed up to three years affer humans that are similar to the NRC Management Act. The Department of NRC adopts a Snal rule to adopt a requirements in 10 CFR Part 35.
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compatible rule, or to impose each The Massachusetts licensing Public Health will license and regulate the site only after the Executive regulatory provision of the rule using an procedures manual, along with the Secretary for Environmental Affairs has alternate legally binding requirement accompanying regulatory Euides, are determined that the report on the site (LBR), such as an order or license adapted from similar NRC documents characterization study is in condition. A State seeking an agreement and contain adequate guidance for the conformance with the suitability
~
Federal Register / Vol. 61, No. 249 / Thursday, December 26, 1996 / Notices 68069 t
standards, and the low-level language that would be deleted is set off Whereas. The Commission found on Radioacuve Waste Management Board witn brackets.
(November 1,1995,1 >(date to be has selected the operator, The proposed Agreement commits the y 3g,,g,,,, g,,,,7 g,g,_,
determined)< that the program of the y,3,,,, u Commonwealth for the regulation of the Commonwealth to use its best efforts to
' cooperate with the NRC and the other In accordance with the Small materials covered by this Agreement is compatible with the Commission's Agreement States in the formulation of Business Regulatory Enforcement program for the regulation of such st:ndards and regulatory programs for Fairness Act of 1996, the NRC has the protecdon against hazards of determined that this action is not a materials and is adequate to protect public health and safety; and, radiation and to assure that the major rule and has verified this Whereas, The Commonwealth and the Commonwealth's program will continue determinadon with the Offim of Commission recognize the desirability to be compatible with the Commission's Informadon and Regulatory Affairs of and importance of cooperadon(s) program for the regulation of like the Office of Management and Budget between the Commission and the materials. The proposed Agreement (OMB)-
Commonwealth in the formulation of stipulates the desirability of reciprocal Dated at Rockville, Maryland, this 19th day standards for protection against hazards recognition of licenses, and commits the of December,1996.
Commission and the Commonweahh to of radiation and in assuring that For the U. S. Nuclear Regulatory Commonwealth and Commission use their best efforts to accord such Commission.
programs for protection against hazards reciprocity, Paul H.1,ohaus, of radiation will be coordinated and IIL Staff Conclusion Acrkg Director Office of State Progmms.
compatible; and, Whereas, The Commission and the Subsection 274d of the Act provides Appendix A--Proposed Agreement thit the Commission shall enter into an
^
Commonwealth recognize the egreement under subsection 274b with Agreement Between the United States desirability of reciprocal recognition of Nuclear Regulatory Commission and licenses and exemptions from licensing a) vernor of the State cerdfies the Commonwealth of Massachusetta of those materials subject to this that the State has a program for the for the Discontinuance of Certain Agement; control of radiation hazards adequate to Commission Regulatory Authority and protect public health and safety with Responsibilit Wit in the bWe & Wm &
respect to the materials within the State Commonwea th Pursuant to Section 274 Atomic Ene y Act of1954 as amended-covered by the proposed Agreement, of the Atomic Energy Act of1954, as Now, there re. it is hereby agreed between' end that tne State desires to assume Amended the Commission and the Governor of the Commonwealth, actin in behalf of the regulatory res onsibility for such Whereas, The United States Nuclear Commonwealth, as foi ows:
) Th Commission finds that the Regulatory Commission (hereinafter Article I State program is in accordance with the referred to as the Commissin)is requirements of Subsection 274o, and in authonzed under Secum 274 of the Subject to the exceptions provided in Articles !!, IV, and V, the Commission all other respects compatible with the At mic Energy Act of 1954, as amended shall discontinue, as of the effective Commission's program for the (hereinafter referred to as the Act), to date of this Agreement, the regulatory regulation of such materials, and that enter into agreements with the Governor authority of the Commission in the thsState rogram is adequate to protect f any St8te Providing for Commonweal 1 under Chade Act with ters 6,7, public he Ith and safety with respect to discontinuance of the regulatory and 8, and Section 161 of the materials covered by the proposed authority of the Commissia within the State under Chapters 6,7, and 8, and res[.ect to the following materials:
By product matenals as defined in N[e basis of its assessment, the Secdon 161 of the Act 4 mpect to Section 11e.(1) of the Act; NRC staff has concluded that the by-product matenals as defined in B. Source materials; Commonwealth of Massachusetts meets S'Cd"* II';(1) and (2) of the Act, C. Special nuclear materials in the re uirements of Section 274 of the s urce matenals, and special nuclear quantities not sufficient to form a Act. T e Commonwealth's statutes, materials in quantities not sufficient to critical mass; and, regulations, personnel, licensing, f nn a critical mass; and, D. Licensing of Low-Level Radioactive inspection, and administrative Whereas.The Governor of the Waste Facilities.
procedures are compatible with those of Commonwealth of Massachusetts is Article II the Commission and adequate to protect authorized under Massachusetts General public health and safety with respect to Laws, Chapter 111H, to enter into this This Agreement does not provide for ths materials covered by the proposed Agreement with the Commission; and, discontinuance of any authority and the Agreement. Since the Commonwealth is Whereas.The Governor of the Commission shall retain authority and not seeking authority over byproduct Commonwealth of Massachusetts responsibility with respect to regulation of.
material as defined in Section 11e.(2) of certified on [ June 1,1995,) > March 28, A. The censtruction and operation of the Act, Subsection 2740 is not 1996.< that the Commonwealth of "l. production or utilization facility;he applicable to the proposed Agreement.
Massachusetts (hereinaher referred to as The export from or import into t i
Thelanguage of the Agreement the Commonwealth) has a program for United States of by product, source, or l
requested by Governor Weld has been the control of radiation hazards special nuclear material, or of any l
revised to reflect that the effective date adequate to protect [the] public health production or utilization facility; l
of the proposed Agreement and the and safety with respect to the materials C. The disposalinto the ocean or sea location at which it will be signed within the Commonwealth covered by of by-product, source, or special nuclear remain to be determined. Certain this Agreement, and that the waste materials as defined in conventions have been used to highlight Commonwealth desires to assume regulations or orders of the Commission; the proposed revisions. New language is regulatory responsibility for such D. The disposal of such other by-shown inside boldfaced arrows, while materials; and, product. source, or special nuclear l
T 68070 Federal Register / Vol. 61 No. 249 / Thursday, December 26, 1996 / Notices material as the Commission from time to their respective rules and regulations Policy and Procedurp for Enforcement time determines by regulation or order and licensing, inspection and Actions; Policy State ment abould,because of the hazards or enforcement policies and criteria, and to potential harnds thereof, not be so obtain the comments and assistance of AGENCY: Nuclear Regulatory disposed of without a license from the the other party thereon.
Commission.
Commission: and, ACTION: Policy statement: corrections.
E.The extraction or concentration of Article VII source material from source material ore The Commission and the corrections to the revnsion of the policy and the management and dis osal of the Commonwealth agree that it is desirable statement that was pt blished December resulting by product materia.
to provide reciprocal recognition of 10,1996 (61 FR 65080). This action is Article III licenses for the materials listed in necessary to correct the inadvertent f e t
y g at s up app tion b e Co nw alth c dn m is an the an a prova mm ss on, t State agree to use their best efforts to Commission. These a ditional changes
- EP aM s,
8"' "
w th t r changes g"#' ' "'iste in Article 11, paragraph where the 7
ed
.w s ch g ere,
Commonwealth can exert regulatory reciprocity will be accorded.
P"blished-control over the materials stated therein.
Article VIII EFFECTNE DATE: The mvision became Article IV effective on Decembef 10,1996.
Notwithstandin this Agreement, the Commission, upon its own initiative Commission may from time to time byafter reas nable notice and oppprtunity FOR FURTHER INFORMATION CONTACT:
I tule, regulation, or order, require that i r hearing to the Commonwealth, or James Lieberman, Dir 'ctor, Office of Enforcement, U.S. Nu lear Regulatory the manufacturer, processor, or d"n" nat]o Commission, Washin ton, DC 20555 I
m producer of any equipment, device, 01)415-2741.
I commodity, or other product containing sujs end all or art of this Agreement reassert the licensing and regulatory SUPPLEMENTARY INFORMATION: On a
source, by product, or s cial nuclear material shall not trans er possesnon or authority vested in it under the Act if December 10,1996 (6 FR 65088). the control of such product except pursuant the Commission finds that (1) such NRC publised a revisi n to its " General termination or su ension is required to Statement of Policy and Procedure for to a hcense er an exempt 2on from licensing issued by the Commission.
protect public hea th and safety, or (2)
NRC Enforcement Actions" I
6 Comwealth has not complied (Enforcement Policy or Policy) to,
Article V with one or more of the requirements of address issues regarding consultation This Agreement shall not affect the Section 274 of the Act. The Commission "I
{S5I "j" authority of the Commission under may also, pursuant to Section 274j of g g g
gg Subsection 161b or1611 of the Act to the Act, temporarily sus end all or part issue rules, regulations, or orders to o is Agreement if,in e judgement circumstances in which the Commission protect the common defense and 0f the Commission, an emergency would be consulted or notified.
ih security, to protect restricted data or to situation exists requirin immediate However, two paragral s in Section VII' Exercise of Discretion, were not nw alth[a failed fpec a d
o t
h sad Pted lear a ial c
nt Article VI Commission sh Il periodically review modifies those two paragraphs to reflect The Commission will use its best this Agreement and actions taken by the the appropriate pohey as to notification efforts to coofth and other Agreement Commonwealth under this Agreement to the Commission wh(n the staff erste with the Commonwea to ensure compliance with Section 274 exercises discretion in pnforcement States in the formulation of standards of the Act, matters. These two paragraphs w ere cnd regulatory programs of the inadvertently omitted in the revision Article IX Commonwealth and the Commission for prepared for publication m the Federal protection against hazards of radiation This Agreement shall become
%c'bingly, the NRC Enforcement and to assure that Commonwealth and effective on (April 24,1996.] >(date to L
Commissica programs for protection be determined)< and shall remain in Policy is corrected by rhvising the first paragraphs in Sections !!. A.1. and cgainst har.ards of radiation will be effect unless and until such time as it is coordinated and compatible. The terminated pursuant to Article VIII.
Vll'B. to read as follow ['-
Commonwealth will use its best efforts Done at (Boston, Massachusetts)
General Statement of Policy and to cooperate with the Commission and
>(location to be determined)<, in Procedure for NRC Enforcement other Agreement States in the triplicate, this [24]th Day of IApril, Actions formulation of standards and regulatory 1996] >(date to be determined)<.
i hed St tes le Regulatory VII. EXERCISE OF DI RETION mm slo or o ec o ag Co i
hazards of radiation and to assure that g
the Commonwealth s program will SMrley Ann Jah, nm3n-continue to be compatible with the A. Escalation of Enforcement Sanctions program of the Commission for the For the Commonwealth of Massachusetts
)
regulation oflike materials. The william F. weld.
- 2. Civil penalties. Notwithstanding Commonwealth and the Commission Governor-the outcome of the normal civil penalty will use their best efforts to keep each (FR Doc. 96-32756 Filed 12-24-96; 8:45 aml assessment process addressed in Section
)
other informed of proposed changes in asuno cops new VI.B. the NRC may exercise discretion i
i at:
{
- t UNITED STATES p
NUCLEAR REGULATORY COMMISSION U
f WASHINGTON. D.C. 20066 4 001
%,.,,,,/
January 3,1997 Mr. Dirk L. Forrister, Assistant Secretary Congressional, Public and Intergovernmental Affairs U.S. Department of Energy 1000 Independence Ave, S.W.
Washington, D.C. 20585-0001
Dear Mr. Forrister:
Governor William F. Weld, on behalf of the Commonwealth of Massachusetts, has submitted a request that the NRC enter into an Agreement with the State pursuant to Section 274 of the Atomic Energy Act of 1954, as amended. Under the proposed Agreement, the Commonwealth would assume responsibility for regulating byproduct material (other than the tailings material from source material processing), source material and special nuclear material in quantities not sufficient to form a critical mass.
Enclosed for your information is the Federal Reaister Notice published on December 26, 1996 (61 FR 68066), in which NRC staff summarizes its assessment of the Massachusetts program for exercising this regulatory authority. The comment period ends January 23,1997.
Sine rely, 147 1;4u L. Thompso, Jr.
uty Executiv Dire r for Nuclear Materials Safety, Safeguards, and Operations Support
Enclosure:
Federal Reaister Notice
/
ft:0 1
UNITED STATES NUCLEAR REGULATORY COMMISSION U
WASHINGTON, D.C. 30665 4001 4,,,,,f January 3,1997 Ms. Kathleen A. McGinty, Chair Council on Environmental Quality 722 Jackson Place, N.W.
Washington, D.C. 20503-0002
Dear Ms. McGinty:
Governor William F. Weld, on behalf of the Commonwealth of Massachusetts, has submitted a request that the NRC enter into an Agreement with the State pursuant to Section 274 of the Atomic Energy Act of 1954, as amended. Under the proposed Agreement, the Commonwealth would assume responsibility for regulating byproduct material (other than the tailings material from source material processing), source material i
and special nuclear material in quantities not sufficient to form a critical mass.
Enclosed for your information is the Federal Reaister Notice published on December 26, 1996 (61 FR 68066), in which NRC staff summarizes its assessment of the Massachusetts program for exercising this regulatory authority. The comment period ends January 23,1997.
Sincerely,
//7?I J L. Thomps, Jr.
uty Executi Dir t r for Nuclear Materials S ty, Safeguards, and Operations Support
Enclosure:
Federal Reaister Notice
6 o
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p i
UNITED STATES g
,j NUCLEAR REGULATORY COMMISSION l
'e WASHINGTON, D.C. 20066 4001 l
c%.... /
January 3,1997 Dr. D. Bruce Burlington, Director Center for Devices & Radiological Health Food and Drug Administration 9200 Corporate Boulevard, Room 100 Rockville, MD 20850
Dear Dr. Burlington:
Governor William F. Weld, on behalf of the Commonwealth of Massachusetts, has submitted a request that the NRC enter into an Agreement with the State pursuant to Section 274 of the Atomic Energy Act of 1954, as amended. Under the proposed Agreement, the Commonwealth would assume responsibility for regulating byproduct material (other than the tailings material from source material processing), source material and special nuclear materialin quantities not sufficient to form a critical mass.
Enclosed for your information is the Federal Reaister Notice published on December 26, 1996 (61 FR 68066), in which NRC staff summarizes its assessment of the Massachusetts program for exercising this regulatory authority. The comment period ends January 23,1997.
Sincerely,
/
g L. Thomps, Jr
^
D ty Executiv Dir et for Nuclear Materials Sa ty, Safeguards, and Operations Support
Enclosure:
Federal Reaister Notice
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o 4
pmEf!p J
p=
t UNITED STATES j
NUCLEAR REGULATORY COMMISSION t
'e wAssiwaToN. D.C. 20561M001
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1 January 3, 1997 Ms. Mary D. Nichols Assistant Administrator for Air and Radiation U.S. Environmental Protection Agency i
401 M Street, S.W.
Washington, D.C. 20460
Dear Ms. Nichols:
Governor William F. Weld, on behalf of the Commonwealth of Massachusetts, has submitted a request that the NRC enter into an Agreement with the Sture pursuant to Section 274 of the Atomic Energy Act of 1954, as amended. Under the proposed Agreement, the Commonwealth would assume responsibility for regulating byproduct material (other than the tailings material from source material proct.vdng), source material and special nuclear material in quantities not sufficient to form a critical mass.
Enclosed for your information is the Federal Reaister Notice published on December 26, 1996 (61 FR 68066),in which NRC staff summarizes its assessment of the Massachusetts program for exercising this regulatory authority. The comment period ends January 23,1997.
Sincerely, k6b 1
1 g
L. Thompso Jr.
D ty Executiv ire t for uclear Materia s Sa y, Safeguards, and Operations Support
Enclosure:
Federal Reaister Notice