ML20137W069
| ML20137W069 | |
| Person / Time | |
|---|---|
| Issue date: | 04/07/1997 |
| From: | Bangart R NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Frodyma F LABOR, DEPT. OF |
| References | |
| NUDOCS 9704180027 | |
| Download: ML20137W069 (3) | |
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'APR - 71997. '
Mr. Frank Frodyma Acting Director of Policy Occupational Safety and Health Administration ;
Department of Labor 200 Constitution Avenue, NW Washington, DC- 20210
Dear Mr. Frodyma:
P This is to advise the Department that under Section 274 of the U.S. Atomic Energy Act of 1954, as amended, the. Nuclear Regulatory Commission has approved an Agreement with the Commonwealth of Massachusetts. This Agreement provides for the transfer of !
' the Commission's regulatory authority to the Commonwealth over byproduct material, ;
source material and special nuclear material in quantities not sufficient to form a critical mass, and became effective March 21,1997. Encl'osed is a copy,of the Agreement for your information. l Sincerely, Orighd Sk;nsd By l RICHARD L BANGART Richard L. Bangart, Director Office of State Programs .
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Enclosure:
As stated r" )
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-PDR (YES)1 Massachusetts File i DOCUMENT NAME: G:\RLB\FRODYMA.RLB "See previous concurrence.
.; Ta receive e copy of this document, indicate in the box: "C" = Copy stnout attachment / enclosure *[= Copy wrth attachment / enclosure "N' - No copy l
l OFFICE OSP- OSP:DD l OSP:D hlb l l
- j. NAME RLBlanton:nb- PLohaus RLBangart ' ' ' '
j j DATE 04/01/97* 04/01/97* 04/6 /97 i
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Mr. Frank Frodyma Acting Director of Policy Occupational Safety and Health \ d ministration Department of Labor
. 200 Constitution Avenue, NW Washington, DC 20210
Dear Mr. Frodyma:
This is to advise the Department t at under Section 274 of the U.S. Atomic Energy Act of 1954., as amended, the Nuclear Reg latory Commission has approved an Agreement with the Commonwealth of Massachuse ts. This Agreement provides for the transfer of the Commission's regulatory authority to he Commonwealth over byproduct material, source material and special nuclear materi lin mass, and became effective March Enclosed 21,19h is a copy. of quantities the Agreement not for sufficient your ir formation.
Sinc \
erely, Richard angart, Director Office of\ tate Programs l
Enclosure:
As stated l
3 Distribution:
DlR RF DCD (SP03) PDR((YES) 4 SDroggitis Gordon, RI Mas @chusetts File DOCUMENT NAME: G:\RLB\FRODYMA.RL To nceive a copy of this document, lndicate in the bow; "Ch ' without attachment! enclosure 'E" = Copy with atta , nr.nt/ enclosure "N' = No copy
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OFFICE OSP _
c, O@p OSP:D \ l NAME RLOlanton:nb(,[M PLohjubf) RLBangart \
DATE 04/g /9K@ 04// /97 04/ /97 \
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% UNITED STATES g,
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2 NUCLEAR REGULATORY COTAMISSION WASHINGTON. D.C. 2066H00
% ,,,,,* April 7,1997 Mr. Frank Frodyma Acting Director of Policy Occupational Safety and Health Administration Department of Labor 200 Constitution Avenue, NW Washington, DC 20210
Dear Mr. Frodyma:
This is to advise the Department that under Section 274 of the U.S. Atomic Energy Act of 1954, as amended, the Nuclear Regulatory Commission has approved an Agreement with the Commonwealth of Massachusetts. This Agreement provides for the transfer of the Commission's regulatory authority to the Commonwealth over byproduct material, source material and special nuclear materialin quantities not sufficient to form a critical mass, and became effective March 21,1997. Enclosed is a copy of the Agreement for your information.
Sincerely,
( t? t ( /m /4 '
! Richard L. Bangart, Director l Office of State Programs
Enclosure:
l As stated 4
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l AGREEMENT BETWEEN THE UNITED STATES NUCLEAR REGULATORY COMMISSION AND THE COMMONWEALTH OF MASSACHUSETTS FOR THE DISCONTINUANCE OF CERTAIN COMMISSION REGULATORY AUTHORITY AND RESPONSIBILITY WITHIN THE COMMONWEALTH PURSUANT TO l i SECTION 274 OF THE ATOMIC ENERGY ACT OF 1954, AS AMENDED -
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d AGREEMENT BETWEEN THE UNITED STATES NUCLEAR REGULATORY COMMISSION AND THE COMMONWEALTH OF MASSACHUSETTS FOR THE DISCONTINUANCE OF CERTAIN COMMISSION REGULATORY AUTHORITY
, AND RESPONSIBILITY WITHIN THE COMMONWEALTH PURSUANT TO 1 ,
SECTION 274 OF THE ATOMIC ENERGY ACT OF-1954, AS AMENDED
- WHEREAS, The United States Nuclear Regulatory Commission (hereinafter referred to as the Commission) is authorized under Section 274 of the Atomic Energy Act of 1954, as ;
- amended (hereinafter referred to as the Act), to enter into agreements with the Governor of l any State providing for discontinuance of the regulatory authority of the Commission i
within the State under Chapters 6,7, and 8, and Section 161 of the Act with respect to by-product materials as defined in Sections 11e.(1) and (2) of the Act, source materials, i
and special nuclear materials in quantities not sufficient to form a critical mass; and, WHEREAS, The Governor of the Commonwealth of Massachusetts is authorized under Massachusetts General Laws, Chapter 111H, to enter into this Agreement with the Commission; and, WHEREAS, The Governor of the Commonwealth of Massachusetts certifieti on March 28,1996, that the Commonwealth of Massachusetts (hereinafter referred to as the Commonwealth) has a program for the control of radiation hazards adequate to protect public health and safety with respect to the materials within the Commonwealth covered
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l by this Agreement, and that the Commonwealth desires to assume regulatory responsibility for such materials; and, WHEREAS, The Commission found on March 3,1997, that the program of the Commonwealth for the regulation of the materials covered by this Agreement is compatible with the Commission's program for the regulation of such materials and is adequate to protect public health and safety; and, l WHEREAS, The Commonwealth and the Commission recognize the desirability and importance of cooperation between the Commission and the Ccenmonwealth in the formulation of standards for protection against hazards of radiation and in assuring that Commonwealth and Commission programs for protection against hazards of radiation will I be coordinated and compatible; and,
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WHEREAS, The Commission and the Commonwealth recognize the desirability of l 1
reciprocal recognition of licenses and exemptions from licensing of those materials subject to this Agreement; and, WHEREAS, This Agreement is entered into pursuant to the provisions of the Atomic Energy Act of 1954, as amended; NOW, THEREFORE, it is hereby agreed between the Commission and the Governor of the I Commonwealth, acting in behalf of the Commonwealth, as follows:
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9 3-ARTICLE I Subject to the exceptions provided in Articles 11, IV, and V, the Commission shall discontinue, as of the effective date of this Agreement, the regulatory authority of the
- Commission in the Commonwealth under Chapters 6,7, and 8, and Section 161 of the Act
- with respect to the following materials:
- A. By product materials as defined in Section 11e.(1) of the Act; -
B. Source materials; C. Special nuclear materials in quantities not sufficient to form a critical mass; and, D. Licensing of Low-Level Radioactive Waste Facilities.
ARTICLE ll This Agreement does not provide for discontinuance of any authority and the Commission shall retain authority and responsibility with respect to regulation of:
A. The construction and operation of any production or utilization facility; B. The export from or import into the United States of by product, source, or special nuclear material, or of any production or utilization facility;
4 C. The disposal into the ocean or sea of.by-product, source, or special nuclear waste t t
materials as defined in regulations or orders of the' Commission; D .- - The disposal of such other by-product, source, or special nuclear material as the Commission from time to time determines by regulation or order should, because of the hazards or potential hazards thereof, not be so disposed of without a license from the Commission; and, E. The extraction or concentration of source material from source material ore and the management and disposal of the resulting by-product material.
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e ARTICLE Ill l
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, This Agreement may be amended, upon application by the Commonwealth and approval by the Commission, to include the additional area (s) specified in Article ll, paragraph E, whereby the Commonwealth can exert regulatory control over the materials stated therein.
ARTICLE IV Notwithstanding this Agreement, the Commission may from time to time by rule, regulation, or order, require that the manufacturer, processor, or producer of any equipment, device, commodity, or other product containing source, by-product, or special i
nuclear material shall not transfer possession or contrel c f such product except pursuant to 1
- a license or an exemption from licensing issued by the Commission.
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5 ARTICLE V This Agreement shall not affect the authority of the Commission under Subsection 161b or 1611 of the Act to issue rules, regulations, or orders to protect the common defense and security, to protect restricted data or to guard against the loss or diversion.of special nuclear material.
ARTICLE VI The Commission will use its best efforts to cooperate with the Commonwealth and other Agreement States in the formulation of standards and regulatory programs of the Commonwealth and the Commission for protection against hazards of radiation and to assure that Commonwealth and Commission programs for protection against hazards of radiation will be coordinated and compatible. The Commonwealth will use its best efforts to cooperate with the Commission and other Agreement States in the formulation of standards and regulatory programs of the Commonwealth and the Commission for protection against hazards of radiation and to assure that the Commonwealth's program i
will continue to be compatible with the program of the Commission for the regulation of like materials. The Commonwealth and the Commission will use their best efforts to keep each other informed of proposed changes in their respective rules and regulations and licensing, inspection and enforcement policies and criteria, and to obtain the comments and assistance of the other party thereon.
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6 ARTICLE Vil The Commission and the Commonwealth agree that it is desirable to provide reciprocal recognition of licenses for the materials listed in Article I licensed by the other party or by any other Agreement State. Accordingly, the Commicsion and the State agree to use their best efforts to develop appropriate rules, regulations, and procedures by which such reciprocity will be accorded.
ARTICLE Vill j
The Commission, upon its own initiative after reasonable notice and opportunity for hearing i
to the Commonwealth, or upon request of the Governor of the Commonwealth, may q terminate or suspend all or part of this Agreement and reassert the licensing and regulatory authority vested in it under the Act if the Commission finds that (1) such termination or suspension is required to protect public health and safety, or (2) the Commonwealth has i not complied with one or more of the requirements of Section 274 of the Act. The Commission may also, pursuant to Section 274) of the Act, temporarily suspend all or part l of this Agreement if, in the judgment of the Commission, an emergency situation exists requiring immediate action to protect public health and safety and the Commonwealth has failed to take necessary steps. The Commission shall periodically review this Agreement i and actions taken by the Commonwealth under this Agreement to ensure compliance with Section 274 of the Act.
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l ARTICLE IX This Agreement shall become effective on March 21,1997, and shall remain in effect unless and until such time as it is terminated pursuant to Article Vill.
Done at Rockville, Maryland, in triplicate, this10th day of March,1997.
FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION S$7 fc mfl~
Shirley Ann Jackson, Chairman Done at Boston, Massachusetts, in triplicate, this /1 day of March,1997.
FOR THE COMMONWEALTH OF MASSACHUSETTS N
William F. Weld, Governor I