ML20198B798
| ML20198B798 | |
| Person / Time | |
|---|---|
| Issue date: | 12/02/1998 |
| From: | Bangart R NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | |
| References | |
| NUDOCS 9812210126 | |
| Download: ML20198B798 (9) | |
Text
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[7590-01-P]
U.S. NUCLEAR REGULATORY COMMISSION STATE OF MAINE: DISCONTINUANCE OF CERTAIN COMMISSION REGULATORY AUTHOIMRI&IllCt0lElBRG6tSIBILITY WITHIN THE STATg RggilCgGJp f
AGENCY:
Nuclear Regulatory Commission.
l ACTION:
Notice of Agreement with State of Maine: Republication.
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SUMMARY
- The Nuclear Regulatory Commission is publishing a Federal Reaister notice containing the Maine Agreement to correct a reference to the Maine revised statutes.
FOR FURTHER INFORMATION CONTACT: Thomas J. O'Brien, Office of State Programs, i
U.S. Nuclear Regulatory Cor6 mission, Washington, D.C. 20555, telephone (301) 415-2308.
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SUPPLEMENTARY INFORMATION:
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The Nuclear Regulatory Commission (NRC) is publishing a Federal Reaister notice originally published on Thursday, April 16,1992 (57 FR 13388). The NRC is republishing this g
document because of an incorrect reference made to " Maine Revised Statutes Annotated Section 284." The reference should read " Maine Revised Statutes Annotated Section 684."
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The Agreement is published in accordance with the requirements of Public Law 86-373 (Section j
i 274 of the Atomic Energy Act of 1954, as amended). The exemptions from the Commission's licensing authority have been published in the Federal Reaister and codified as Part 150 of the s
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Commission's regulations in Title 10 of the Code of Federal Regulations. The complete version of the April 16,1992, Federal Reaister notice is presented below with the corrected citation.
Dated at Rockville, Maryland, this cP day of December,1998.
For the Nuclear Regulatory Commission if $1 6% rfit Richard L. Bangart, Dire'eto'r Office of State Programs i
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AGREEMENT BETWEEN THE UNITED STATES NUCLEAR REGULATORY COMMISSION AW.,
THE STATE OF MAINE FOR D'SCONTINUANCE OF CERTAIN COMMISSION REGULATORY AUTHORITY AND RESPONSIBILITY WITHIN THE STATE PURSUANT TO SECTION 274 OF THE ATOMIC ENERGY ACT OF 1954, AS AMENDED i
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 any State providing for discontinuance of the regulatory authority of the Commission within the State under Chapters 6,7, and 8, and Section 161 of the Act with respect to byproduct materials as j
'I defined in Sections 11e.(1) and (2) 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 of Maine is authorized under Maine Revised Statutes Annotated Section 684 to enter into this Agreement with the Commission; and WHEREAS, The Govemor of the State of Maine certified on March 5,1990, that the State of Maine (hereinafter referred to as the State) has a program for the control of radiation hazards 3
adequate to protect the public health and safety with respect to the materials within the S:cte j
covered by this Agreement, and that the State desires to assume regulatory responsibility for i
such materials; and i
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- WHEREAS, The State and the Commission recognize the desirabiiity and importance of 3
cooperation between the Commission and the State in the formulation of standards for l
protection against hazards of radiation and in assuring that State and Commission programs for j
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protection against hazards of radiation will be coordinated and compatible; and 1
4.
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WHEREAS. The Commission and the State recognize the desirability of reciprocal recognition
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of licenses and exemptions from licensing of those materials subject to this Agreement; and i
WHEREAS, This Agreement is entered into pursuant to the provisions of the Act, as amended; 1
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NOW THEREFORE, it is hereby agreed between the Commission and the Governor of the State, acting in beha!! of the State, as follows:
i, ARTICLE I Subject to the exceptions provided in Articles ll, IV, and V, 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 i
materials:
i.
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.A.
Byproduct materials as defined in Section 11e.(1) of the Act; B.
Source materials; and C.
Special nuclear materials in quantities not sufficient to form a critical mass.
ARTICLE 11
,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 byproduct, source, or special nuclear material, or of any production or i
utilization facility; l
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C.
The disposal into the ocean or sea of byproduct, source, or -
special nuclear waste materials as defined in regulations or orders of the Commission; 5
't a
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3 D.
The disposal of such other byproduct, source, or special nuclear l-material as the Commission from time to time determines by I
regulation or order should, because of the hazards or potential i.
hazards thereof, not be so disposed of without a license from the 4
Commission; 1
. E.
The land disposal of source, byproduct and special nuclear material received from other persons; and -
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F.
The extraction or concentration of source material from source j
material ore and the management and disposal of the resulting byproduct material.
ARTICLE Ill This Agreement may be amended, upon application by the State and approval by the Commission, to include the additional area (s) specified in Article ll, paragraph E or F, whereby the State can exert regulatory control over the materials stated herein.
ARTICLE IV i
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 not 6
transfer possession or control of such product except pursuant to a license or an exemption from licensing issued by the Commission.
ARTICLE V This Agreement shall not affect the authority of the Commission under subsection 161 b. or 1. 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 State and other Agreement States in the formulation of standards and regulatory programs 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 coordinated and compatible. The State will use its best efforts to cooperate with the Commission and other Agreement States in the formulation of standards 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 for the regulation of like materials. The State 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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e ARTICLE Vll J
i-The Commission and the State agree that it is desirable to provide reciprocal recognition of i
licenses for the materials listed in Article I licensed by the other party or by any Agreement State. 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.
ARTICLE Vill I
The Commission, upon its own initiative after reasonable notice and opportunity for hearing to the State, or upon request of the Governor of the State, may terminate or suspend all or part of li 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 the public
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health and safety, or (2) the State has not complied with one or more of the requirements of Section 274 of the Act. The Commission may also, pursuant to Section 274j of the Act, temporarily suspend all or part of this Agreement if, in the judgement of the Commission, an emergency situation exists requiring immediate action to protect public health and safety and the State has failed to take necessary steps. The Commission shall periodically review tNs Agreement and actions taken by the State under this Agreement to ensure compliance with Section 274 of the Act.
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6.RTICLE IX This Agreernent shall become effective on April 1,1992, and shall remain in effect unless and until such time es it is terminated pursuant to Article Vill.
k Done at Rockville, Maryland in triplicate, this 16" day of March,1992.
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For the United States Nuclear Regulatory Commission, Ivan Selin, Chairman.
l Done at Augusta, Maine, in triplicate, this 25" day of March,1992, a
For the State of Maine, John R. McKernan, Jr., Govemor.
Dated at Rockville, this 9" day of April,1992.
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For the United States Nuclear Regulatory Commission.
l Sheldon A. Schwartz, Deputy Director, Office of State Programs.
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