ML20141G802

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Amend to Agreement Between NRC & State of Tx for Discontinuance of Certain Commission Regulatory Authority & Responsibility within State
ML20141G802
Person / Time
Issue date: 03/24/1982
From: Clements W, Palladino N
NRC COMMISSION (OCM), TEXAS, STATE OF
To:
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ML20141G788 List:
References
NUDOCS 9707110040
Download: ML20141G802 (28)
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Text

.

e AMENDNENT TO .

AGREEMENT BETWEEN THE UNITED STATES NUCLEAR REGUIATORY CONKISSION AND THE STATE OF TEXAS FOR DISCONTINUANCE OF CERTAIN CosetISSION REGULATORY AUTBORITY AND RESPoelSIBILITT WITEIN TEE STATE PURSUANT TO SECTION 274 OF TBE ATONIC ENERGY ACT OF 1954, AS AMENDED WHEREAS, the United States Atomic Energy cammissiony(hereinafter referred to as the Coseission) entered into an Agreement (hereinafter referred to as the Agreement of January 10, 1963) with the State of Texas under section 274 of the Atomic Energy Act of 1954, as amended (herein-

,after referred to as the Act), which Agreement became effective on March 1, 1963, and provided for discontinuance of th'e regulatory authority of the Commission within the Stata under Chapters 6, 7, and 9, and Section 161 of the Act with respect to byproduct materials as defined in section lle.(1) of the Act, source materials, and special nuclear materials in quantities not sufficient to form a critical mass and WHEREAS, the Governor of the State has requested this amendment in accordance with section 274 of the Acts and WHEREAS, the Commission found on February 26, 1982, that the program ,

of the State for the regulation of materials covered by this amendment is in accordance with 'the requirements of sec' tion 274o. of the Act and in all other respects compatible with the Casunission's program for the regulation of such materials and is adequate to protect the public health and safety and

}/ Under the provisions of the Energy Reorganisation Act of 1974, the regulatory functicas formerly carried out by the' Atomic Energy commis-sion are now carried out by the Nuclear Regulatory Commission as of January 19, 1975.

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9707110040 970708 ,

PDR STPRO ESQQEN A PDR

AMENDKENT TO .

AGREEMENT RETWEEN THE UNITED STATES NUCLEAR REGUIATORY COMMISSION AND Tat STATE OF TEEAS FOR DISCONTINUANCE OF CERTAIN CONKISSION REGUIATORY AUTEORITY AND RESPONSISILITT WITEIN TEE STATE PURSUANT TO SECTION 274 OF THE ATOKIC ENERGY ACT OF 1954, As AMENDED WHEREAS, the United States Atomic Energy r'ammissionv(hereinafter referred to as the Commission) entered into an Agreement (hereinafter referred to as the Agreement of January 10, 1963) with the State of Texas

) under section 274 of the Atomic Energy Act of 1954, as amended (herein-

, af ter referred to as the Act), which Agreamsmt became effective on March 1, s

3 G:;. and provided for discontinuance of th"e regulatory authority of the Commianion within the State under Chapters 6, 7, and 8, and Section 161 of the Act with respect to byproduct materials as defined in section lle. (1) oi the Act, source materials, and special nuclear materials in quantities not sufficient to form a critical mass and WHEREAS, the Governor of the State has requested this amendment in accordanew with section 274 of the Acts and WHEREAS, the Casuaission found on February 26, 1982, that the program of the State for the regulation of materikis covered by this amendment is in accordance with 'the requirements of sec' tion 274o. of the Act and in all other respects compatible with the Cemmission's program for the regulation of sue:h materials and is adequate to protect the public health and safety and 1/ Under the provisions of the Energy Reorganisation Act of 1974, the regulatory functions formerly carried out by tho' Ato.cic Energy Commis-sion are now carried out by the Nuclear Regulatory Comunission as of January 19, 1975.

9707110040 970700 PDR STPRG ESGGEN PDR

WHEREAS, this emmendment it antered into pursuant to the provisions of the Atomic Energy Act of 1954, as amended:

.; NOW, THEREFORE, it is hereby agreed between the Cossaission and the i

i Governor of the State, acting on behalf of the State, as follows:

s

)

i l Section 1. ARTICLE I of the Agreement of January 10, 1963, is smended i

by adding "as defined in section 11e. (1) of the Acts" after the words "by-l product materials" in paragraph A., by redes,ignating paragraphs B. and C.

I as paragraphs C. and D., and by inserting the following new paragraph in-

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j , mediately after paragraph A.:

"B. Byproduct materials as defined in section lle. (2) of the Acts".

]

) Section 2. ARTICLE II of the Agreement of January 10, 1963, is amendei 1

1 by inserting *A." before the words "This Agreement," by redesignating para-I graphs A through D. as subparagraphs 1. through 4., and by adding the fol'10 wing at the end thereof:

l "B. Notwithstanding this Agreement, the Cesunission retains the following authorities pertaining to byproduct materials as defined in section lle. (2) of the Act E

"1. Prior to the termination of a State license for such byproduct material, or for any activity that results in the production of such mate-rial, the Commission shall have made a determination that all applicable standards and requirements pertaining to such material have been met.

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1 "2. The Commission reserves the authority to establish minimum I

1 4 standards governing reclamation, long term surveillance or maintenance, and 5

ownership of such byproduct material. Such reserved authority includes:

l l -

1

  • a. The authority to establish terms and conditions as the j

Commission determines necessary to assure that, prior to termination of any license for such byproduct material, or for any activity that results l

in the production of such material, the licensee shall comply with decon-tamination, decommissioning, and reclamation standards prescribed by the commissions and with ownership requirements for such materials and its 1

disposal siter i

i

  • b. The authority to require that prior to termination of any l

i license for such byproduct material or for any activity that results in i

j the production of such material, title to such byproduct material and its disposal site be transferred to the United States or the State at the l

option of the State (provided such option is exercised prior to terminatio f

i 1

of the license);

"c. The authority to permit use of surface or subsurface estate l '

f or both, of the land transferred to the United States or the State pursuar l

to subparagraph B.2.b. of this Articles f

j i

'd. The authority to require the Secretary of the Department of Energy, other Federal agency, or State, whichever has custody of such by-j Product material and its disposal site, to undertake such monitoring, mais tenance, and emergency measures as are necessary to protect the public j

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j health and safety, and other actions as the Cosunission deems necessary:

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- . . - - - - - - - - - - - - - - - ^ -

a

  • e. The authority to enter into arrangements as may be appro-priate to assure Federal long term surveillance or maintenance of such j

byproduct material and its disposal site on land held in trust by the

{ United States for any Indian tribe or land owned by an Indian tribe and j

subject to a restriction against alienation faposed by the United States.

i l Section 3. ARTICI.E III of the Agreement of January 10, 1963, is j amended by inserting b otherwise licensable by the State under Article I o i

j i

this Agreement" af ter the words "special nuclear material."

b f Section 4. ARTICLE VII of the Agreement of January 10, 1963, is amended by inserting "all or part of" after the words " terminate or sus-pend," by inserting "(1)" after the words " finds that," and by adding at 1 the end before the period the following:

, or (2) the State has not complied with one or more of the require-ments of section 274 of the Act. The Commission shall periodically reviev j

this Agreement and actions taken by the State under this Agreement to en-4 sure compliance with the provisions of section 274 of the Act.".

Section 5. ARTICLE VIII of the Agreement of January 10, 1963, is l

amended by redesignating it Article IX and by inserting a new Article VIII 3

as follows:

I i

j

'In the licensing and regulation of byproduct material as defined in 4 section lle.(2) of the Act, or of any activity which results in production i

i' of such material, the State shall comply with the provisions of section 27 of the Act. If, in such licensing and regulation, the State requires finan i cial surety arrangements for the recismation of long term surveillance j

t or maintenance of such material, 4

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useant. 2of*.fonds .'. . the state collects for .soch purposes n:.. . s .

shall be transferred. e,4.s the,. Da'ited States if sustody of such material and its disposal site. :.is. transferred

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en the <

Onited states upon termination of

' 4 p t,s e the state liosase for'anch material s'r any activity 'whiah sesults in the 4

production of such material.*. 'Such funds Laciade, but' are mot limited to, suas collected for long term serve 111anoe or maintemanos. 45.eek'.inada do . . -

act, however, include monies held as surety where no default has occurred and the reclamation er other bonded activity has been performed; and

's. such state surety or other financial requirements must be sufficient to ensure oospliance with those standards' established by the Commission pertaining to bonds, sureties, and financial arrangements to ensure adequate reclamation and long term management of such byproduct material and its disposal site.".

This amendment shall become effective on M 2.V$ 1982.

Done at Austing state of Texas, in triplicate, this Afd pg 1982. day of FQR THE 8 TATE OF TT 4-~

, ,. Ol m . _-- ,,

Wi1L,sm P. Clements, Jr., ernor

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e Does of at Washingtead.

1982 6

FOR TWE UNITED STATES NUCIAAR REGUIATORY CopOLISSION g .

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  • ', Nf* ' ww/ A ? f- /

,.c w. N Asio JffPagddhno, Chairman y

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j AGREEMENT BETWEEN THE .

UNITED STATES ATOMIC ENERGY COMMISSION l AND THE '

STATE OF WASHINGTON i FOR

  • DISCONTINUANCE OF CERTAIN COMMISSION REGULATORY AUTl!ORITY AND

! RESPONSIBILITY WITHIN THE STATE PURSUANT TO l SECTION 274 0F THE ATOMIC ENERGY ACT OF 1954, AS AMENDED l s WHEREAS, The United States Atomic Energy 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 any State providing i

for discontinuance of the regulatory authority of the Commission within j the State-under Chapters 6, 7, and 8, and Section 161 of the Act with respect to byproduct materials, source materials, and special nuclear materials in quantities not sufficient to form a critical mass; and l WHEREAS, The Governor of the State of Washington is authorized under Revised Code of Washington 70.98.110 to enter into this Agreement with the Commission;.and -

l WHEREAS, The Governor of the State of Washington certified on October 3, 1966, that the State of Washington (hereinafter referred to ,

as the State) has a program for the control of radiation hazards adequate L to protect the public health and safety with respect to the materials

, within the State covered by this Agreement, and that the State desires to' assume regulatory responsibility for such materials; and

_ m.._ _._m _._ . _.__._ . _ -

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WHEREAS, The Commission found on November 16, 1966, that the program

, i of the State for the regulation of the materials covered by this Agreement  ;

i is compatible with the Commission's program for the regulation of such I materials and is adequate to protect the public health and safety;_ and l WHEREAS, The State and the Commission recognize the desirability '

l I

and importance of' cooperation between the Commission and the State in l

the formulation of standards for protection against hazards of radiation and in assuring that State and Commission programs for protection against 1

hazards of radiation 'will be coordinated and compatible; and l WHEREAS, The Commission and the State recognize the desirabilicy of reciprocal recognition of licenses and exemption from licensing of i those materials subject to this Agreement; and WHEREAS, This Agreement is entered into pursuant to the provisions )

l l l of the' Atomic Energy Act of 1954, as amended; '

i NOW, THEREFORE, It is hereby agreed between the Commission and the l

_ Governor of the State, acting in behalf of the State, as follows: i

! ARTICLE I i

Subject to the exceptions provided in Articles II, III, and IV, the ' Commission shall discontinue, as of the effective date of this Agreement, the regulatory authority of the Commission in the' State  ;

under' Chapters 6, 7, and 8, and Section 161 of the Act with respect to the following materials; l ~2= ,

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A. Hyproduct materials; B.- Source materials; and i .

L 'C. Special nuclear materials in. quantities not sufficient to form a critical mass.

ARTICLE II -

L This Agreement does not provide for discontinuance of any authority I

and the Commission shall retain authority and responsibility with respect to regulation of: l A. The construction and operation of any production er

utilization facility;- ,

B. The export from or import into the United States of byproduct, source, or special nuclear material, or of any production or utilization facility; i

C. The disposal into the ocecn or sea of byproduct, source, or special nuclear waste materials as defined in regulations or.  !

i orders of the Commission; l i

D. The disposal of such other byproduct, source, or special nuclear material as the Commission from time to time determines by y l

regulation or order should, because of the' hazards or potential i~ I hazards thereof, not be so disposed of without a license from the-L Commission.

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ARTICLE III I

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, byproduct, or special nuclear material shall l

not transfer po'ssession or control of such product except pursuant to l

a license or an exemption from licensing issued by_the Commission.

i L

! ARTICLE IV '

t l

I This Agreement shall not affect the authority of the Commission under subsection 161 b. or 1. of the Act to' issue rules, regulations, l or orders to. protect the common defense and security, to protect L

restricted data or to guard against the loss or diversion of special nuclear material.

L j ARTICLE V

, The Co= mission will use its best efforts to cooperate with the St tc and other agreement States in th'e formulation of standards cnd L

regulatory progrcms of the State and the: Commission for protection

^

against hazards of radiation and to assure that State and. Commission programs.for protection against hazards of radiation will be coordi-E nated and compatible. The State will use its best efforts to cooperate uith the Commission and other agreement States in the formulation of

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. stan'dards and regulatory programs of the State and the Commission for protection against hazards of radiation and to assure that the State's -

program will continue to be compatible with the program of the Commission j for.the regulation of like materials. The State and the Commission will '

use tneir best efforts to keep each other informed of proposed changes i in their respect,1ve rules and' regulations and licensing, inspection

, and enforcement policies and criteria, and to obtain the comments and l assistance of the other party thereon.

ARTICLE VI -

l The Commission and the State agree that it is desirable to provide l l l l for . reciprocal recognition of licenses for the materials listed in  ;

Article I licensed by the other party or by any agreement State. l l_ Accordingly, the Commission and the State agree to use their best efforts to' develop appropriate rules, ' regulations, and procedures by which such

! reciprocity will be accorded.

l ARTICLE VII l

The Commission, upon its own initiative.after reasonable notice

.nd opportunity for hearing to the State, . or upon request of the Governor of the State, may terminate or suspend this Agreement and reassert the licensing and regulatory authority vested in it under the Act if the l

Commission finds that such termination or suspension is required to protect the public health and safety.

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ARTICLE VIII This Agreement shall become effective on December 31, 1966, and shall remain in effect unless, and until such time as it is terminated i pursdant to Article VII.

i

! Done at Richla6d, State of Washington, in triplicate, this 6th day l of December, 1966. [

l FOR THE UNITED STATES ATOMIC ENERGY COMMISSION Wilfrid E. Johnson, Commissioner FOR THE STATE OF WASHINGTON j t

Daniel J. . Evans , Governor b

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. 11348 , ,

Federal Re=8='- / Vol. 47.'No. 51 / Tursday. March 16. 1982 / Notices Charlevoix Public Library.107 Clinton %e Amendmentis publishedin has been cancelled or rescheduled, the accordance with the requirements of

  • Chairman's ruling on requests for the ' Street Charlevoix Michigan 49720. A copy ofitems (2) and (3)may be Pub.1. e6-373. A copy of the , '

cpp:rtunity to present oral statements consolidated version of the Agreement obtained upon request addressed to tim cnd the time allotted therefor can be is available at the Office of State . l cbtined by a prepaid telephone call to . U.S. Nuclear Regulatory Commission. f Washington.D.C.20655. Attention: Programs. , (

the cognisant Designated Federal Empl:yes.Mr. Sam Duraiswamy Director. Division of Ucensing. Post ruRTesest esponesATund'CoNTACTt e i h 202/834-3267) between 8:15 Deted at Bethesda.Maryload, tble eth d*Y Craig Z. Gordon. OfBee of State ,

(

liiP one '

a.m. and 5:00 p.m EST. of March.1ses. ,. . Programs.U.S. Nuclear Regulatory For tbs Nuclear Reguletory Commission. Commission. Washington, DC 20555.

Deted: March e.tous.

lake C. Hoyle. .

  • Dessis M. Ca " Phone:{301) 402-0006.

Chief, OperatfryJtencents Ermach e8L Suppl,eldoNTanY eIPoRIsAftett  !

AdrisoryCasumiddesu r-aofJtner.

pso ,en.eemspuiss.es.enmes Melonof% ~

A==ad'a==* to Agreement Between the FR Dar.es-fess pend D 4Me tes aml s u as eenssuse.ei.e United States Nuclose Regulatary aussa eene vase.ews*

c-=I==1= and the Scate of , .

Washington for Discoedauence'of )

fDeetuttea.89-1851 Certain r==a aa= Rep"datory l

State of Washington; DIsoontinuance '

Consumero Power Ca.:losuones of . of Certain Reguletory AuthorMy and Authority and =- -- ' "ty Withis the Amendmentto Poetry Operatin9 ResponeAnWty Within the State State Pursuant to Section 274 of the i ,

Amesem Nuclear Regulatory Atonde Energy Act ofitse,as Amended ,

The Nuclear tory r==I== tan ca==i=i^" .

Whereas, the United States Atomic

,the L

r==i==ian) issued acrease Notice of amended agreement Energy r==1==laa 8(hminafter Amendment No. 51 to Facility Operating wie state of Washington... .. referred to as ther==i== ton) entered ucense No.DM-4.lessed a Consenem into an Agreement (hereinafter referred Power licensee), which aussasany: Notice is.hereby given that on u & Agrumet M Decmkr 6, revised theT SpedScotions for . January y.1982, theH. onarable Nonsio J. 1986I with the State'of Washington tion of the Big Rock PointPlant Palladino, Chairman of the Nuclear unde secha 274 d se Atomic Enugy acility) located in Charlevoix Regulatory Commission, and that on

  • j County Michigan.%e ===ad==at is February 19.1982. the Honorable John ,",thb '

Spellman. Governor of the State of 3

cff:ctive as ofits date oflasaanos.

The amendment appn ves Technical Washington, signed an Ammad==at to "g

['C'"un'g ent e e ecuve

'ofgeg ,n t Provlded for Specification changes which pertain to the existing section 274b. Agreement u th ,

(1) degraded grid protection for Class 1E betweenNRC and the Stata of ",g power systems and(2) the scram Washington pursuant to Section 274 of Stale under Chapten 6.7. and 8. and j discharge system. the Atoenic Energy Act ofisse, as Section tot of the Act with respect to j De applicadens for es ammadiana' . ameded.'N medent pumits th byproduce materials as defined in

, comply with the standards and State to continue to regniate byproduct secen11:41) d se Act, source i requirements of the Atends Energy Act material as denned in section 11e.(2) of materials, and special nuclear materials

.the Act (uranium mill tallings)in

! ef 1954, as amended (the Act), and the in quantities not sufficient to form a l ra==laton's rules and regulations.%e conformance with the requironwnts of cridealmass: and

  • . Commission has ande te section274o.of the Act. Whereas, the Governor of the State

. Radings as required by Act and the The proposed Amand==at to the has requested this amendment on Commi== ion's rules and regulations in to existing section 274b. eement was

} Register for acewdance with section 274 d de Act:

j CFR Chapter L which are set forth in the published in the F and

! license amendment. Prior public nottos public comuneet for four consecutive Whereas, the Commission found on cf this ameadmaat was not required ~ weeks beginning September 17.1981 (46 January 7.1982, that the program of the FR 46241-.66245). A minor change to the since the ammadmaat does not involve a significant hasants consideration. - Introductory text was made to conform - State for the regulation of materials

! the Amendment to the requirements of covered by this amendment is in j The Commission has deterndned that accordance with the requirements of l j the issuance of this amendment will not the "Stratton-Schmitt" amendment (Pub. section 274o. of the Act and in all other ,

j result in any signi8 cant savtronmental L. 97 as).The === art =d agreement was modi 8ed to delete the following , respects compatible with the ]

j impact and that pursuant to to Cm Commission's program for the regulation

51.5(d)(4) en environmentalimpact . paragraph
of such materials andis adequate to

_ st:tement or negative declaration and . "Whereas. Itis - y to enter into this protect the public heals and safety; and cavironmental impact appraisal need e==ad==a* in erder to implement new l

' requirements of sectica 274 of the Act which Whereas, this amendment is entered  !

n:t be prepared in connection with become fully effaceve en November 8. iss1: .into pursuant to the provisions of the issuance of this asnendment. end"- Atomic Energy Act of1954, as amended:

j For further details with respect to this Now, therefore,it is hereby agreed cetion. see (1) the applications for -

Public Law 97-48 makes it clear that i such an amended agreementis not between the Commission and the r t.msndment dated October 3.1900, and "necessary" for the State to continue to Covernor of the State.' acting on behalf

. October 27.1981. (2) Amendment No. 51 of the Stcte as follows:

ts License No. DPR-6 and (3) the regulate uranium mill tal!!ngs after

Commission's related Safety Evaluation. November 8.1981.The following was 'under
he previsione of the Ene.ry All of these items are available for inserted inits place: ^

[E"yi".$d[b y I*o E [$" '"

  • 4 j public inspection at the Commission's "Wheress. the Governor of the State hu

~

Public Document Room.1717 H Street requested this smendment in accordsace coman ..on ere now camed out by the socie.r Resulatory cornnussion as of January to.187s.

NW Washington D.C.and at the with wetion 274 of the Act and".

.r u 4 'Section1. Articl2Iof the Agreement byproduct matedal and its disposal sit . suffici:nt to cnsure compliance with e

cf December 6.1968. is cmended by 12 undertake such monit: ring. those st:nd rds established by the

= idding "cs defmed in s:cti:n 11e.(1) cf maintnance, and emergency measures Commission pert:ining t) b nds.

the Act:"' cit:r tha words " byproduct cs cre necessary ta protect the public suretlis, cnd finanni:1 crrang;ments to j materials"in paragraph A., by health and safety, and other actions as ensure adequate reclamation and long I a redesignating paragraphs B. and C. as the Commission deems necessary; and term management of such byproduct par graphs C. and D.. and by inserting "e. The authority to enter into material and its disposal site.".

the following new paragraph arrangements as may be appropriate to This amendment shall become immediately after paragraph A.: assure Federallong term surveillanne or *ffectiV8 0" Feb'""#Y 19,1982. .

"B. Byproduct materials as defined in maintenance of such b3 roduct material and its disposal site on held in trust Done at Olympia. Stata of Washington./n section 11e.(2) of the Act".

Section 2. Article II of the Agreement ' by the United States for any Indian tribe triplicate. this 19th day'of february 1982.

cf December 6."1966,is amanded by or land owned by an Indian tribe and For the State of Washington.

inserting "A." before the words "This subject to a restriction against John Spe'11 man, Agreement." by redesignating alienationimposed by the United g*"#^

paragraphs A. through D. as States.". Dcune at Washington, District of Columbia, subparcgraphs 1. through 4., and by Section 3. Article III of the Agreement of December 6,1906,is amended by in triplicate, this 7th day of January 1982.

edding the following at the end thereof:

  • B.Notwithstanding this Agreement, inserting "otherwise licensable by the For the United States Nuclear Regulatory the Commission retains the following State under ArticleIof this Agreement" Commission.

after the words "special nuclear Nunzio J.Palledloo,

\

cuthorities pertemi"F to byproduct materials as defined in section 11e.(2) of material" - Nirman.

the Act: Section4. Article VIIof the . Dated at Bethesda. Maryland. this eth day "1. Prior to the termination of a State Agreement of DecemberB.1968,is of M 1982.

license for such bypmduct material, or amended byinserting "allor part of" after the words " terminale or suspend," For the United States. Nuclear Regulatory f r any activity that results in the by inserting "(1}" aftar the words " finds Commission.

production of such material. the that," and by adding at the and before Donald A.Nussbaumer, Commission shad have made a d1 termination that all applicable the penod the following:". or (2) the Acting Director. Office o/Secte Programs.

standards and requirements pertaining State has not complied with one or more yeo,.es m s w i 12 such material have been met. of the requirements of sectinn #4 of the amuseo caos me.ew .

"2.The Commission reserves the Act.The f>mmission shad pedodicaDy authority to establish mimmum review this Agreement and actions standards governing reclamation,long taken by the State under this Agreement t:rm surveillance or maintenance.and to ensure W=a with the

  • ownership of such byproduct material. provisians of section r4 of the Act.". OFFICE OFTHEUNfTED STATES Such reserved authority includes: Section 5. Article VIIIof the .

TRADE REPRESENTATIVE "a.The authority to establish terms - Agreement of D-her 6,19ho.is cnd conditions as the Cnmmission amended by rad =ianating it Article IX , gmg,,g 3q determines necessary to assure that. and by inserting a new Article VIII as * '

prirt to termination of any license for follows: Hearing

~"In the licensing and regulation of i such byproduct material, orfor any activity that resuhs in the production of bwim.I agaterial as defined in section Upon request of the petitioner a public such material, the licensee shall comply 11e.(2) of thh Act, or of any activity hearing has been scheduled for April 14. l with decontamination, which results in production af such 1982 to censider the issues raised in the . I decommissioning and reclamation material, the State shall comply with the petition with respect to the allegations standards prescribed bythe provisions of sectionreo.of the Act.If, concerning Austria. France, Italy, C;mmission: and with ownership in such licensing and regulation the Sweden and the United Kingdom.The requirements for such materials and its State requires fmancialsurety hearing is to be held at the New disposal site: arrangements for the reclamation or Executive Office Building, Room 2010.

"b. The authority to require that prior long. term surveillance or maintenance beginning 1110:00 a.m.

to termination of any license for such of such material.

byproduct material or for any activity "A.The total amount of funds the Requests to present oral testimony l that results in the production of such State collects for such purposes shall be and accompanying briefs must be material. title to such byproduct . transferred to the United States if received on or before April 8,1982 and material and its disposal site be custody of such material and its should be addressed to the Chairman of transfentd to the United States or the disposal site is transferred to the United the section 301 Committee. Written State at the option of the State (provided States upon termination of the State briefs fmm those persons not wishing to such option is exercised prior to license for such material or any activity present oral testimony should be termination of thelicense): which results in the production of such received on or before April 14,1982.

"c.The authority to permit use of material. Such funds include, but are,not Requests to present oral testimony as surface or subsurface estates, or both, of limited to. sums collected for long tem well as written submissions should the land transferred to the United States surveillance or maintenance. Such funds conform to the requirements set forth in er the State pursuant to subparagraph do not.however, include monies held as 15 CFR 2006.8 and 2006.9*

B.2.b. of this Article: surety where no default has occurred "d. The authority to require the and the reclamation or other bonded in order to assure p'arties an Secretary of the Department of Energy, activity has been performed: and opportunity to contest information other Federal agency, or State. "B. Such State surety or other - provided by other interested parties in whichever has custody of such financial requirements must be the written briefs and oral testimony, e

.WAIS Document Rotricval http://frwsbgetel....AISection= retrieve n , e

.[ Code of Federal Regulations)

,_ [ Title 10, Volume 2, Parts-51 to 199)

.[ Revised as'of January 1, 1997).

From the U.S. Government Printing Office via GPO Access

[ CITE: 10CEP150) )

[Page 604-615] '

l TITLE 10--ENERGY l.

CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 150--EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN'O i

General Provisions l Sec. ,

150.1 Purpose. j l 150.2 Scope. l 150.3 Definitions. l 150.4' Communications. I 150.5 Interpretations.

Continued Commission Regulatory Authority in Offshore Waters 150.7. Persons in offshore waters not exempt.

150.8 Information collection requirements: OMB approval.

' Exemptions in Agreement States 150.10 Persons exempt.

150.11 Critical mass.

l; ((Page 605))

Continued Commission Regulatory Authority in Agreement States i 150.14 Commission regulatory authority for physical protection.

l 150.15 Persons not exempt.

150.15a Continued Commission authority pertaining to byproduct material.

l l Continued Commission Authority in Agreement States-L 150.16 Submission to Commission of nuclear material transfer reports.

150.17' Submission to Commission of source material reports.

150.17a Compliance with requirements of US/IAEA safeguards agreement.

150.19 Submission to Commission of tritium reports.

Reciprocity l 150.20 Recognition of Agreement State licenses.

150.21 -Transportation of special nuclear material by aircraft.

o l Enforcement l ]

i 4 l 150.30 Violations. l 150.31 Requirements for Agreement State regulation of byproduct i material.-

150.32 Funds for reclamation or maintenance of byproduct material.

150.33 Criminal penalties. ,

l Authority: Sec. 161,.68 Stat. 948, as amended, sec. 274, 73 Stat.

l' 688 (42 U.S.C. 2201, 2021); sec. 201, 88 Stat. 1242, as amended (42  ;

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U.S.C. 5841). .

l . Sections 150.3, 150.15, 150.15a, 150.31, 150.32 also issued under

secs. 11e (2) , 81, 68 Stat. 923, 935, as amended, secs. 83, 84, 92 Stat.

l 3033, 3039 (42 U.S.C. 2014e(2), 2111, 2113, 2114). Section 150.14 also issued under sec. 53, 68 Stat. 930, as amended (42 U.S.C. 2073). Section 150.15 also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, ,

l 2241 (42 U.S.C. 10155, 10161). Section 150.17a also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Section 150.30 also issued under sec. 234, 83 Stat. 444 (42 U.S.C. 2282).

l Source: 27 FR 1352, Feb. 14, 1962, unless otherwise noted. )

General Provisions Sec. 150.1 Purpose.  !

l The regulations in this part provide certain exemptions to persons in Agreement States from the licensing requirements contained in chapters 6, 7, and 8 of the Act and from the regulations of the Commission imposing requirements upon persons who receive, possess, use or transfer byproduct material, scurce, or special nuclear material in quantities not sufficient to form a critical mass; and to define activities in Agreement States and in offshore waters over which the l regulatory authority of the Commission continues. The provisions of the I Act, and regulations of the Commission apply to all persons in Agreement i States and in offshore waters engaging in activities over which the regulatory authority of the Commission continues.

(46 FR 44151, Sept. 3, 1981)

Sec. 150.2 Scope. l The regulations in this part apply to all States that have entered into agreements with the Commission or the Atomic Energy Commission pursuant to subsection 274b of the Act. This part also gives notice to all persons who knowingly provide to any licensee, contractor, or subcontractor, components, equipment, materials, or other goods or i services, that relate to a licensee's activities subject to this part, I that they may be individually subject to NRC enforcement action for violation of Secs. 30.10, 40.10, and 70.10.

[56 FR 40693, Aug. 15, 1991)

Sec. 150.3 Definitions.

As used in this part: I (a) Act means the Atomic Energy Act of 1954 (68 Stat. 919) including any amendments theretos l (b) Agreement State means any State with which the Commission or the Atomic Energy Commission has entered into an effective agreement under subsection 274b of the Act. Nonagreement State means any other State.

(c) Byproduct material means: (1) Any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to i the radiation incident to the process of producing or utilizing special nuclear material; or (2) the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, including discrete surface wastes resulting from solution extraction processes. Underground ore bodies depleted by such solution extraction operations do not constitute byproduct material within the definition.

((Page.606])

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(d) . Commission means the Nuclear Regulatory Commission or its duly

, authorized representatives; (e) Government agency means any executive department,. commission, independent establishment, corporation, wholly or partly owned by the United States of America which is an instrumentality of the United States, or any board, bureau, division, service, office, officer, authority,. administration, or other establishment in the executive

  • l branch of the Government.
  • l (f) Offshore waters means that area of land and water, beyond l Agreement States' Submerged Lands Act jurisdiction, on or above the U.S.

L Outer Continental Shelf. .

l (g) Person means: (1) Any individual, corporation, partnership, l firm, association, trust, estate, public or private institution, group, l l agency, and State or any political subdivision of any political entity l l within a State, and any legal-successor, representative, agent, or l

agency of the foregoing other than Government agencies; (h) Production facility means: ,

(1) Any equipment or device determined by rule of the Commission to i be capable of the production of special nuclear material in such i quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public, including a uranium enrichment facility; or

{

(2) Any important component part especially designed for such equipment or device as determined by the Commission.

(1) Source material means: (1) Uranium, thorium, or any other ,

ma'terial,which is determined by the Commission pursuant to the I l . provisions of section 61.of the Act to be source material; or (2) ores

! containing one or more of the foregoing materials, in such concentration l as the Commission may by regulation determine from time to time; l (j) Special nuclear material means: (1) Plutonium, uranium 233, l

uranium enriched in the isotope 233 or in the isotope 235, and any.other material which the Commission, pursuant to the provisions of section 51 of the Act, determines to be special nuclear material, but does not include source material; or (2) any material artificially enriched by I any of the foregoing but does not include source material; j (k) State means any State, the District of Columbia, Puerto Rico,

and any territory or possession of the United States; and l (1) Utilization facility means
(1) Any equipment or device, except an atomic weapon, determined by rule of the Commission to be capable of making use of special nuclear material in such quantity as to be of significance to the common defense and security, or in such manner as to

! affect the health and safety of the public, or peculiarly adapted for making use of atomic energy in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public; or (2) any important component part especially designed for such equipment or device as determined by the Commission.

(m). Uranium enrichment facility means:

(1) Any facility used for separating the isotopes of uranium or enriching uranium in the isotope 235, except laboratory scale facilities ,

. designed or used for experimental or analytical purposes only; or  !

(2) Any equipment or device) or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope'235.

[27 FR 1352, Feb. 14,,1962,. as amended at 31 FR 15145, Dec. 2, 1966; 40

! FR 8794, Mar. 3, 1975; 44 FR 55327, Sept. 26, 1979; 45 FR 18906, Mar.

24, 1980; 46 FR 44152, Sept. 3, 1981; 57 FR 18394, Apr. 30, 1992)

Sec. 150.4 Communications.

1 Except where otherwise specified in this part, all communications ,

and reports concerning the regulations in this part should be addressed j to the Executive Director for Operations, U.S. Nuclear Regulatory j l

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  • t Commission, Washington, DC 20555. Communications and reports may be l

, . delivered in person at the Commission's offices at 2120 L Street NW.,'  !

[.

Washington, DC, or at 11555 Rockville Pike, Rockville, MD. l j [53 FR 6140, Mar. 1, 1988, as amended at 53 FR 43422, Oct. 27, 1988)

((Page 607))

Sec. 150.5 Interpretations.

l -Except as specifically authorized by the Commission in writing, no i interpretation of the meaning of the regulations in this part by an officer or employee of the Commission other than a written interpretation by the General Counsel will be recognized to be binding i upon the Commission.  ?

Continued Commission Regulatory Authority in Offshore Waters i

Sec. 150.7 Persons in offshore waters not exempt. '

. Persons in offshore waters.are not exempt from the Commission's -

licensing and regulatory requirements with respect to byproduct, _ source, i and specia1 nuclear materials. I i

[46 FR 44152, Sept. 3, 1981) '

Sec. 150.8 Information-collection requirements: OMB approval.  ;

(a) The Nuclear Regulatory Commission has submitted the information ]

collection requirements contained in this part to the Office of 1 Management and Budget (OMB) for approval as required by the Paperwork 1 Reduction Act of 1980 (44 U.S.C. 3501 et seq.). OMB has approved the information collection requirements contained in this part under control number 3150-0032.

(b) The approved information collection requirements contained in this part appear in Secs. 150.16, 150.17, 150.17a, 150.19, 150.20, and 150.31. i (c) This part contains information collection requirements in addition to those approved under the control number specified in paragraph (a) of this section. These information collection requirements and the control numbers under which they are approved are as follows:

(1) In Sees. 150.16 and 150.17, Form NRC-741 is approved under control number 3150-0003.

(2) In Sec.150.20, Form NRC-241 is approved under control number 3150-0013.

[49 FR 19629, May 9, 1984) -l Exemptions in Agreement States Sec. 150.10 Persons exempt.  !

l Except'as provided in Secs. 150.15, 150.16, 150.17, 150.17a, 150.18, and 150.19, any person in an Agreement State who manufactures, produces, receives, possesses, uses,-or transfers byproduct material, source material, or special nuclear material in quantities not sufficient to

form a critical mass is exempt from the requirements for a license L contained in Chapters 6,.7, _and 8 of the Act,' regulations of the l Commission imposing licensing requirements upon persons who manufacture, t produce, receive,_ possess, use, or transfer such materials, and from regulations of_the Commission applicable to licensees. The exemptions in this section do not apply to agencies of the Federal government as i

defined in Sec. 150.3.

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(37 FR 9208, May 6, 1972, as amended at 45 FR 50718, July 31, 1980]  :

I Sec. 150.11 Critical mass.

(a) For the purposes of this part, special nuclear material in j quantities not sufficient to form a critical mass means uranium enriched , i in the isotope U-235 in quantities not exceeding 350 grams of contained J U-235; uranium-233 in quantities not exceeding 200 grams; plutonium in quantities not exceeding 200 grams; or any combination of them in l

-accordance with the following formula: For each kind of special nuclear i material, determine the ratio between the quantity of that special nuclear material and the quantity specified above for the same kind of special nuclear material. The sum of such ratios for all kinds of special nuclear materials in combination shall not exceed unity. For example, the following quantities in combination would not exceed the limitation and are within the formula, as follows:

l (175 (grams contained U-235/350)+(50 grams U-233)/200)+(50 grams Pu/

200)-1 (b)-To determine whether the exemption granted in Sec. 150.10 applies to the receipt, possession or use of special nuclear material at any particular plant or other authorized location of use, a person shall include in the quantity computed according to paragraph (a) of this section the total quantity of special nuclear material which he is l authorized to receive, possess or use at

((Page 608))

! the plant or other location of use at any one time.

'[27 FR 1352, Feb. 14, 1962, as amended at 30 FR 12069, Sept. 22, 1965)

Continued Commission Regulatory Authority in Agreement States l

j Sec. 150.14 Commission regulatory authority for physical protection.  !

! 1 l Persons in Agreement States possessing, using or transporting l special nuclear material of low strategic significance in quantities l l greater than 15 grams of plutonium or uranium-233 or uranium-235 i (enriched to 20 percent or more in the U-235 isotope) or any combination greater than 15 grams when computed by the equation grams-grams uranium-l 235+ grams plutonium + grams uranium-233 shall meet the physical protection-  !

requirements of Sec. 73.67 of 10 CFR part 73. l

[44 FR 43285, July 24, 1979, as amended at 44 FR 68199, Nov. 28, 1979)

,Sec. 150.15 Persons not exempt.

(a) Persons in agreement States are not exempt from the Commission's licensing and regulatory requirements with respect to the following.

activities:

t (1) The construction and operation of any production or utilization facility. As used in this subparagraph, operation of a facility  !

includes, but is not limited to (i) the storage and handling of radioactive wastes at the facility site by the person licensed to operate the facility, and (ii) the discharge of radioactive effluents from the facility site.

(2) The export from or import into the United States of byproduct, 1- source, or special nuclear material, or of any production or utilization  ;

I facility.  !

(3) The disposal into the ocean or sea of byproduct, source, or special nuclear waste materials, as defined in regulations or orders of the Commission. For purposes of this part, ocean or sea means any part of the territorial waters of the United States and any part of the international waters.

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(4) The transfer, storage or disposal of radioactive waste material

. resulting from the separation in a production facility of special nuclear material from irradiated nuclear reactor fuel. This subparagraph does not apply to the transfer, storage or disposal of contaminated equipment.

(5) The disposal of such other byproduct, source, or special nuclear ,

material as the Commission 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.

(6) The transfer of possession or control by the manufacturer, processor, or producer of any equipment, device, commodity, or other product containing source material or byproduct material whose subsequent possession, use, transfer, and disposal by all other persons are exempted from licensing and regulatory requirements of the Commission under Parts 30 and 40 of this chapter.

(7) The storage of:

(i) Spent _ fuel in an independent spent fuel storage installation (IS FSI) , or (ii) Spent fuel and high level radioactive waste in a monitored retrievable storage installation (MRS) licensed pursuant to part 72 of this chapter.

(b) Notwithstanding any exemptions provided in this part, 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, byproduct, or special nuclear material shall not transfer possession or control of such product except pursuant to a license or an exemption from licensing issued by the Commission.

[27 FR 1352, Feb. 14, 1962, as amended at 34 FR 7369, May 7, 1969; 53 FR 31683, Aug. 19, 1988)

Sec. 150.15a Continued Commission authority pertaining to byproduct material.

(a) Prior to the termination of any Agreement State license for byproduct material as defined in Sec.150.3 (c) (2) of this part, or for any activity that results in the production of such material, the Commission shall have made a determination that all applicable standards and requirements pertaining to such material have been met.

(b) After November 8, 1981, the Commission reserves the authority to establish minimum standards regarding reclamation, long term surveillance

((Page 609))

(i.e., continued site. observation, monitoring and, where necessary, maintenance), and ownership of byproduct material as defined in Sec. 150. 3 (c) (2 ) of this part and of land used as a disposal site for such material. Such reserved authority includes:

(1) Authority to establish such terms and conditions as the Commission determines necessary to assure that, prior to termination of any license for byproduct material as defined in Sec.150.3 (c) (2) of this part, or for any activity that results in the production of such material, the licensee shall comply with decontamination, decommissioning, and reclametion standards prescribed by the Commission; and with ownership requirements for such materials and its disposal site; (2) The authority to require that prior to termination of any {

license for byproduct material as defined in Sec.150.3 (c) (2) of this part, or for any activity that results in the production of such material, that title to such byproduct material and its disposal site be transferred to the United States or the State in which such material and land is located, at the option of the State (provided such option is i

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  • exercised prior to termination of the license);
. (3) The authority to permit use of the surface or subsurface estates, or both, of the land transferred to the United States or a State pursuant to paragraph (b) (2) of this section in a manner consistent with the provisions of the Uranium Mill Tailings Radiation Control Act of 1978, provided that the Commission determines that such ,

use would not endanger the public health, safety, welfare, or the environment; (4) The authority to require, in the case of a license for any activity that produces such byproduct material (which license was in effect on November 8, 1981) transfer of land and material pursuant to paragraph (b) (2), of this section, taking into consideration the status of such material and land and interests tharein, and the ability of the licensee to transfer title and custody thereof to the United States or a State.

(5) The authority to require the Secretary of the Department of Energy, other Federal agency, or State, whichever has custody of such property and materials, to undertake such monitoring, maintenance and emergency measures as are necessary to protect the public health and safety and other actions at the Commission deems necessary to comply with the standards promulgated pursuant to the Uranium Mill Tailings l Radiation Control Act of 1978; and '

(6) The authority to enter into arrangements as may be appropriate l to assure Federal long term surveillance (i.e., continued site  !

observation, monitoring, and where necessary, maintenance) of such  !

disposal sites on land held in trust by the United States for any Indian ,

tribe or land owned by an Indian tribe and subject to a restriction  !

against alienation imposed by the United States. l

[45 FR 65536, Oct. 3, 1980)

Continued Commission Authority in Agreement States i Sec. 150.16 Submission to Commission of nuclear material transfer  !

reports.

l (a) Each person who transfers and each person who receives special l nuclear material pursuant to an Agreement State license shall complete and submit in computer-readable format Nuclear Material Transaction Reports in accordance with instructions (NUREG/BR-0006 and NMMSS Report  ;

D-24 Personal Computer Data Input for NRC Licensees) whenever '

transferring or receiving a quantity of special nuclear material of 1 gram or more of contained uranium-235, uranium-233, or plutonium. Each person who transfers this material shall submit in accordance with instructions the computer-readable format promptly after the transfer i takes place. Each person who receives special nuclear material shall I submit in accordance with instructions the computer-readable format within ten (10) days after the special nuclear material is received.

Copies of the instructions may be obtained from the U.S. Nuclear Regulatory Commission, Division of Fuel Cycle Safety and Safeguards, Washington, DC 20555-0001. These prescribed computer-readable formats t

replace the DOE /NRC Form 741 which have been previously submitted in i paper form.

((Page 610))

l (b) (1) Each person who,. pursuant to an Agreement State License, possesses 1 gram or more of contained uranium-235, uranium-233, or j plutonium shall report immediately to the Regional Administrator of the j appropriate NRC Regional Office listed in appendix A of part 73 of this I chapter, by telephone, any theft or other unlawfui diversion of special nuclear material which the licensee is licensed to possess or any incident in which an attempt has been made, or is believed to have been made, to commit a theft or unlawful diversion of special nuclear j material, i

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l WAIS Documsnt Rotrieval http://frwabgatel....AISaction= retrieve (2) The licensee shall follow the initial report within a period of l , 15 days with a written report submitted to the appropriate NRC Regional Office, shown in Appendix A of part 73 of this chapter, which sets forth the details of the incident. The licensee shall send copies of this l report to the Director, Office of Nuclesr Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555.

(3) Subsequent to the submission of the written report required by

  • this paragraph, each licensee shall promptly inform the Regional Administrator of the appropriate NRC Regional Office by means of a written report of any substantive additional information which becomes available to the licensee concerning an attempted or apparent theft or j unlawful diversion of special nuclear material. 1

[39 FR 39559, Nov. 8, 1974, as amended at 41 FR 16447, Apr. 19, 1976; 52 FR 31613, Aug. 21, 1987; 59 FR 35622, July 13, 1994)

Sec. 150.17 Submission to Commission of source material reports.

(a) Except as specified in paragraph (d) of this section and Sec. 150.17a, each person who, pursuant to an Agreement State specific license, transfers or receives or adjusts the inventory in any manner by 1 kilogram or more of uranium or thorium source material of foreign l origin or who imports 1 kilogram or more of uranium or thorium source j material of any origin shall complete and submit in computer-readable format Nuclear Material Transaction Reports in accordance with instructions (NUREG/BR-0006 and NMMSS Report D-24 Personal Computer j Data Input for NRC Licensees). Copies of the instructions may be obtained from the U.S. Nuclear Regulatory Commission, Division of Fuel Cycle Safety and Safeguards, Washington, DC 20555-0001. Each person who receives the material shall submit in accordance with instructions the computer-readable format within ten (10) days after the material is received.

(b) Except as specified in paragraph (d) of this section and Sec. 150.17a, each person authorized to possess at any one time and location, under an Agreement State license, more than 1,000 kilograms of uranium or thorium, or any ccmbination of uranium or thorium, shall submit to the Commission within 30 days after September 30 of each year, ,

a statement of the licensee's foreign origin source material inventory. l This statement must be submitted to the address specified in the printed instructions (NUREG/BR-0007) and must include the Reporting Identification Symbol (RIS) assigned by the Commission to the licensee.

Copies of the reporting instructions may be obtained by writing to U.S.

Nuclear Regulatory Commission, Division of Industrial and Medical

' Nuclear Safety, Washington, DC 20555.

(c) Except as specified in paragraph (d) of this section, each person who is authorized to possess uranium or thorium pursuant to a specific license from an Agreement State shall report promptly to the appropriate NRC Regional Office shown in Appendix D of part 20 of this chapter by telephone and telegraph, mailgram, or facsimile any incident in which an attempt has been made or is believed to have been made to commit a theft or unlawful diversion of more than 15 pounds of such material at any one time or more than 150 pounds of such material in any one calendar year. The initial report shall be followed within a period of fifteen (15) days by a written report submitted to the appropriate NRC Regional Office which sets forth the details of the incident and its consequences. Copies of such written report shall be sent to the U.S.

Nuclear Regulatory Commission, Division of Industrial and Medical Nuclear Safety, Washington, DC 20555. Subsequent to the submission of the

((Page 611])

written report required by this paragraph, each person subject to the provisions of this paragraph, shall promptly inform the appropriate NRC

(

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.. e Regional Office by means of a written report of any substantive l

additional information, which becomes available to such person, concerning an attempted or apparent theft or unlawful diversion of source material.

(d) The reports described in paragraphs (a), (b), and (c) of this section are not required for: ,

(1) Processed ores containing less than five (5) percent of uranium or thorium, or any combination of uranium and thorium, by dry weight; (2) Thorium contained in magnesium-thorium and tungsten-thorium l alloys, if the thorium content in the alloys does not exceed 4 percent by weight; (3) Chemical catalysts containing uranium depleted in the U-235 isotope to 0.4 percent or less, if the uranium content of the catalyst does not exceed 15 percent by weight; or (4) Any source material contained in non-nuclear end use devices or components, including but not limited to permanently installed shielding, teletherapy, radiography, X-ray, accelerator devices, or munitions.

[35 FR 12196, July 30, 1970, as amended at 36 FR 10938, June 5, 1971; 41 FR 16448, Apr. 19, 1976; 49 FR 24708, June 15, 1984; 51 FR 9767, Mar.

21, 1986; 52 FR 31613, Aug. 21, 1987; 59 FR 35622, July 13, 1994; 60 FR 24553, May 9, 1995)

Sec. 150.17a Compliance with requirements of US/IAEA safeguards agreement.

(a) For purposes of this section, the terms effective kilogram, ore processing, installation, and United States eligible list have the meaning set forth in Sec. 75.4 of this chapter.

(b) Each person who, pursuant to an Agreement State License, is authorized to possess source material in amounts greater than one effective kilogram (except in ore processing) is subject to the provisions of part 75 of this chapter and shall comply with its applicable provisions. However, with respect to such persons, the Commission will issue orders under section 274m. of the Act instead of making license amendments; and, to the extent part 75 refers to license amendments and license conditions, such references shall be deemed, for purposes of this paragraph, to refer to orders under section 274m. of the Act.

(c) An applicant for an Agreement State License authorizing possession of source material in amounts greater than one effective kilogram (except in ore processing) shall notify the Commission at least 9 months prior to the date when the applicant desires to receive the source material.

(d) In response to a written request by the Commission, an applicant for an Agreement State License authorizing possession of source material in amounts greater than one effective kilogram (except in ore processing) shall file with the Commission the installation information

! described in Sec. 75.11 of this chapter. The applicant shall also permit verification of such installation information by the International Atomic Energy Agency and take such other action as may be necessary to i

implement the US/IAEA Safeguards Agreement, in the manner set forth in l

Sec. 75.6 and Secs. 75.11 through 75.14 of this chapter.

1

[45 FR 50718, July 31, 1980, as amended at 47 FR 9, Jan. 4, 1982]

l Sec. 150.19 Submission to Commission of tritium reports.

(a)-(b) [ Reserved]

(c) Except as specified in paragraph (d) of this section, each person who, pursuant to an Agreement State license, is authorized to possess tritium shall report promptly to the appropriate NRC Regional Office as shown in appendix D of part 20 of this chapter by telephone and telegraph, mailgram, or facsimile any incident in which an attempt I

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has been made or is believed to have been made to commit a theft or 1

, unlawful diversion of more than 10 curies of such material'at any one time or 100 curies of such material in any one calendar. year. The <

initial: report shall be followed within a period of fifteen . (15) days by  !

a written report submitted to the appropriate NRC Regional Office which i sets forth the details of the incident and its consequences. Copies of

~

)

such written report shall be sent to the Director, Office of Nuclear

  • Material Safety and Safeguards, U.S. Nuclear Regulatory '

f

((Page 612))

l Commission, Washington, DC 20555. Subsequent to the submission of the written report required by this paragraph, each person subject to the provisions of this paragraph shall promptly inform the appropriate NRC-  ;

Regional Office by means of a written report of any substantive l

, additional information, which becomes available to such person, l l concerning an attempted or apparent theft or unlawful diversion of  ;

. . tritium. .

l (d) The reports described in this section are not required for  !

tritium possessed pursuant to a general license issued pursuant to  !

regulations of an Agreement State equivalent to part 31 of this chapter or for tritium in spent fuel. j (37.FR 920$, May 6, 1972, as amended at 41 FR 16448, Apr. 19, 1976; 46 FR 55085, Nov. 6, 1981; 49 FR 24708, June 15, 1984;.52 FR 31613, Aug.  ;

21, 1987] i l

Reciprocity l Sec. 150.20' Recognition of Agreement State licenses.

l l (a) Subject to the provisions of paragraph (b) of this section, any l person holding a specific license from an Agreement State where the  !

licensee maintains an office for directing the licensed activity, and at which radiation safety records are normally maintained, is hereby ,

L granted a general license to conduct the same activity in non-Agreement l States and a general license to conduct the same activity in offshore I waters: Provided,'That the specific license.does not limit the activity l authorized by either general license to specified installations or ,

locations. i

. (b) Notwithstanding any provision to the contrary in any specific license issued by an Agreement State to a person engaging in activities l  ;

i in a non-Agreement State or in offshore waters under the general l

-licenses provided in this sect. ion, the general licenses provided in this l  !

section are subject to the provisions of Secs. 30.7 (a) through (f),

l: 30.9, 30.10, 30.14(d), 30.34, 30.41, 30.51 to 30.63,. inclusive, of part  !

30 of this chapter; Secs. 40.7(a) through (f), 40.9, 40.10, 40.41,  !

-40.51, 40.61, 40.63 inclusive, 40.71 and 40.81 of part 40 of.this L chapter; Secs. 70.7(a) through (f), 70.9, 70.10, 70.32, 70.42,-70.51 to  :

70.56, inclusive, 70.60 to 70.62, inclusive, and to the provisions of 10 t l- CFR parts 19,_20 and 71 and subpart B of part 34, Secs. 39.15 and 39.31 l l' through 39.77, inclusive, of part 39 of this chapter. In addition, any  !

person engaging in activities in non-Agreement States or in offshore  !

waters under the general licenses provided in this section:

.(1)- F.xcept as specified in paragraph (c) of this section, shall, at i least 3' days before engaging in each such activity, file 4 copies of  ;

l- Form-241 (revised), Report of Proposed Activities in Non-Agreement "

States, and 4 copies of_its Agreement State ' specific license with the

, Regional Administrator of the U.S. Nuclear Regulatory Commission

. Regional. Office listed in Appendix D of part 20 of this chapter for the i

Region in which the Agreement State that issued the license is located. '

That Regional Administrator may authorize the licensee to begin the

. activity upon notification by telephone of the licensee's intent to conduct the proposed activity under the general license: Provided, 10,of 14' 07/07/97 09:30:58

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however, That 4 copies-of Form-241 (revised) and 4 copies of the  !

. ' Agreement State license shall be filed within 3 days after the telephone  :

. notification. The Regional Administrator of the U.S. Nuclear Regulatory '

- Commission Regional Office may waive the requirement for filing- l l additional Forms-241 (revised) during the remainder of the calendar year i following the receipt of the. initial Form-241 (revised) from a person g j engaging in activities under the general license provided in this section;.<

(2) Shall not, in any non-Agreement State or.in offshore waters, transfer or dispose of radioactive material possessed or used under the  :

general licenses provided in this section, except by transfer to a j l person ' (i) specifically licensed by the Commission to receive such  ;

material, or (11); exempt from'the requirements for a license for such  ;

l material under Sec. 30.14 of this chapter; .

[

,(3) Shall not, under the general license concerning activities in i

non-Agreement States, possess or use radioactive materials, or engage in l l

the activities authorized in paragraph ~(a) of this section, for more  ;

than 180 days in any calendar year, except that, the general license in i

' paragraph.(a) of this section concerning activities in offshore .[

((Page 633))

waters authorizes that person to possess or use radioactive materials, or engage in the activities authorized, for an unlimited period of time.  !

l (4) Shall comply with all terms and conditions of the specific j

. license issued by an Agreement State except such terms or conditions as ,

l are contrary to the requirements of this section. m t L (c) A person engaging in activities in offshore waters under the

  • l general license provided for that purpose in paragraph (a) of this i section need not file a Form NRC-241 (revised) with the Commission under ,

l paragraph (b) (1) of this section, Provided, That: .

(1) At least 3 days before engaging in each such activity the person notifies the Agreement State that issued the specific license about_the activity, including in the notification (i) a description of the activity, (ii) the location, (iii) the dates scheduled, (iv) a list of the sealed sources, or devices containing sealed sources, which will be possessed, used, installed, serviced, or tested, and (v) a description of the type and quantity of radioactive material contained in each sealed source or device; and (2) The Agreement State that issued the l

specific. license is listed in paragraph (d) of this section as having' l entered into an agreement to perform inspections and other functions for-

!~ the Commission.

! (d) The following Agreement State has entered into an agreement to t perform inspections and other functions for the Commission: Louisiana. '

i [35 FR 7725, May 20, 1970, as amended at 38 FR 1273, Jan. 11, 1973; 46 ,

FR 44152, Sept. 3, 1981; 46 FR 50781, Oct. 15, 1981; 52 FR 41700, Oct.

30, 1987; 55 FR 10406, Mar. 21, 1990; 56 FR 54779, Oct. 23, 1991; 58 FR j l 52414, Oct. 8, 1993)  ;

Sec. 150.21 Transportation of special nuclear material by aircraft.

l

! Except as specifically approved by the Commission no shipment of l . special nuclear material in excess of 20 grams or 20 curies whichever is l-1ess of plutonium or uranium-233 shall be made by a licensee of an

' Agreement State in passenger aircraft.

i (38 FR 3039, Feb. 1, 1973)

Enforcement Sec. 150.30 Violations.

(a) The Commission may obtain an injunction or other court order to l

prevent a violation of the provisions of--

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(1) The Atomic Energy Act of 1954, as amended;

, (2) Title II of the Energy Reorganization Act of 1974, as amended; 't or ,

(3) A regulation or order issued pursuant to those Acts.

(b) The Commission may obtain a court order for the payment of a civil penalty imposed under section 234 of the Atomic Energy Act: ,

(1) For violations of-- '

(i) Sections 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or 109 of i the Atomic Energy Act of 1954, as amended; i (ii) Section 206 of the Energy Reorganization Act; .

(iii) Any rule, regulation, or order issued pursuant to the sections t specified in paragraph (b) (1) (1) of this section; (iv) Any term, condition, or limitation of any license issued under. ,

l the sections.specified in paragraph (b) (1) (1) of this section.  ;

l (2) For any violation for which a license may.be revoked under section 186 of the Atomic. Energy Act of 1954, as amended. ,

[57 FR 55081, Nov. 24,-1992) i Sec. 150.31 Requirements for Agreement State regulation of byproduct material.

(a) Prior to November 8, 1981, in'the licensing and regulation of byproduct material, as defined in Sec.150.3(c) (2) of this part, or of any, activity which results in the production of such byproduct material, i an Agreement State shall require compliance with the requirements in appendix A of 10 CFR part 40 of this chapter to the maximum extent practicable. .

(b) After November 8, 1981, in the licensing and regulation of

. byproduct material, as defined in Sec.150.3 (c) (2) of this part, or of any activity which results in the production of such byproduct material, an Agreement State shall require: 1 (1) Compliance with requirements in appendix A of 10 CFR part 40 of j this chapter established by the Commission

((Page 614))

pertaining to ownership of such byproduct material and disposal sites for such material; and (2) Compliance with standards which shall be adopted by the Agreement State for.the protection of the public-health, safety, and the environment from hazards associated with such material which are equivalent, to the extent practicable, or more stringent than, standards in appendix A of 10 CFR part 40 of this chapter adopted and enforced by the Commission for the same purposes, including requirements and standards subsequently promulgated by the Commission and the Administrator of the Environmental Protection Agency pursuant to the Uranium Mill Tailing Radiation Control Act of 1978; and (3) Compliance with procedures which:

(i) In the case of licenses, under State law include:

(A) An opportunity, after public notice, for written comments and a public hearing, with a transcript; (B) An opportunity for cross examination; and (C) A written determination by the appropriate State official which is' based upon findings included in such_ determination and upon the evidence presented during the public comment period and which is subject to judicial review; (ii) In the case of rulemaking, provide an opportunity for public participation through written comments or a public hearing and provide for judicial review of the rule; (iii) Require for each licensing action which has a significant impact on the human environment a written analysis by the appropriate

! State agency (which shall'be available to the public before the

! commencement of any such proceedings) of the impact of such licensing 12 of 14 07/07/97 09:30:59

.WAIS Docum:nt Retrieval http://frwabgatel....AISaction= retrieve a ,, s action, including any activities conducted pursuant thereto, on the 6 environment. Such analysis shall include:

(A) An assessment of the radiological and nonradiological impacts to i the public health of the activities to be conducted pursuant to such licenses; (B) An assessment of any impact on any waterway and groundwater resulting from such activities; (C) Consideration of alternatives, including alternative sites and engineering methods, to the activities to be conducted pursuant to such license; and (D) Consideration of the long term impacts, including decommissioning, decontamination, and reclamation impacts associated l with activities to be conducted pursuant to such license, including the management of any byproduct material, as defined in Sec.150.3 (c) (2) of this part; and (iv) Prohibit any major construction activity with respect to such material prior to complying with the provisions of paragraph (c) (3) of l this section. As used in this paragraph the term major construction I activity means any clearing of land, excavation, or other substantial 1 action that would adversely affect the environment of a site. The term does not mean site exploration, necessary roads for site exploration, borings to determine foundation conditions, or other preconstruction monitoring or testing to establish background,information related to the suitability of the site or the protection of environmental values.

(c) No Agreement State shall be required under paragraph (b) to conduct proceedings concerning any license or regulation which would duplicate proceedings conducted by the Commission.

(d) In adopting requirements pursuant to paragraph (b) (2) of this section, the State may adopt alternatives (including, where appropriate, site-specific alternatives) to the requirements adopted and enforced by the Commission for the same purpose if, after notice and opportunity for public hearing, the Commission determines that the alternatives will achieve a level of stabilization and containment of the sites concerned, and a level of protection for public health, safety and the environment from radiological and nonradiological hazards associated with the sites, which is equivalent to, to the extent practicable, or more stringent than the level which would be achieved by standards and requirements i adopted and enforced by the Commission for the same purpose and any l final standards promulgated by the Administrator of the Environmental Protection Agency in accordance with

((Page 615))

section 275. Alternative State requirements may take into account local or regional conditions, includinc guviogy, topography, hydrology and meteorology.

[45 FR 65537, Oct. 3, 1980, and 50 FR 41866, Oct. 16, 1985)

Sec. 150.32 Funds for reclamation or maintenance of byproduct material.

(a) The total amount of funds an Agreement State collects, pursuant to a license for byproduct material as defined in Sec.150.3 (c) (2) of this part or for any activity that results in the production of such l

material, for reclamation or long term maintenance and monitoring of l

such material, shall after November 8, 1981, be transferred to the i

United States if title and custody of such material and its disposal site is transferred to the United States upon termination of such license. Such funds include, but are not limited to, sums collected for long term surveillance (i.e., continued site observation, monitoring and, where necessary, maintenance). Such funds do not however, include monies held as surety where no default has occurred and the reclamation or other bonded activity has been performed.

(b) If an Agreement State requires such payments for reclamation or long term surveillance (i . e . , continued site observation, monitoring 13 of 14 07/07/97 09:31:00

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  • / and, where necessary, maintenance), the payments must, after November 8,  !

, 1981, be sufficient to ensure compliance with those standards ~!

l established by the Commission' pertaining to bonds, sureties, and i financial arrangements to ensure adequate reclamation and long term i

. management of such byproduct material.and its disposal site. l 1

[45 FR 65537, Oct. 3, 1980; 48 FR 40882, Sept. 12,.1983) '

l Sec. 150.33- Criminal penalties. s I  !

l

.(a) . Section 223 of the Atomic Energy Act of 1954, as amended, I

-j provides for criminal sanctions for willful violation of, attempted

, violation of,.or conspiracy to violate, any regulation issued under ,

sections 161b, 1611, or 161o of the'Act. For purposes of section.223, i all'the regulations in part 150 are issued under one or more of sections  ;

l 161b, 1611, or.161o, except for sections listed in paragraph (b) of this  !

section.

l . (b)-.The regulations in part 150 that are not issued under sections

,. '161b, 1611, or 161o for the purposes of section 223 are as follows: 6 l Sec. Sec. 150.1, 150.2, 150.3, 150.4, 150.5, 150.7, 150.8, 150.10,  !

150.11, 150.15, 150.15a, 150.30, 150.31, 150.32, and 150.33. i

[57 FR 55081, Nov.-24, 1992)  !

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EXECUTIVE TASK MANAGEMENT SYSTEM

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TASK # - 7S157 ' " " ' " " " " ' " ", DATE - 06/18/97 .. ... . . . .

MAIL CTRL. - 1997 TASK

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TASK DESCRIPTION - 6/11/97 LTR - REQUEST COPIES OF MASSACHUSETTS AGREEMENT

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W/NRC AND NRC PART 150 REGULATIONS i REQUESTING

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OFF. - MILLER REQUESTER

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