ML20203F529
| ML20203F529 | |
| Person / Time | |
|---|---|
| Issue date: | 02/13/1998 |
| From: | Bangart R NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Ball J MINNESOTA, STATE OF |
| Shared Package | |
| ML20203F533 | List: |
| References | |
| NUDOCS 9802270335 | |
| Download: ML20203F529 (27) | |
Text
_ _ _ _
h1 p["%\ UNITED STATES
, a S NUCLEAR REGULATORY COMMISSION .
B '
wasumerow, o.c. seassam
,,,,, February 13, 1998 Ms. Judith Ball, Managar Asbestos, Indoor Air, Lead and Radiation Section Minnesota Department of Health 121 East Seventh Place P.O. Box 64975 St. Paul, MN 55164-0975 -
Dear Ms. Ball:
We have conducted a brief review of the draft agreement state enabling legislation enclosed with your letter dated February 5,1998. We appreciate the opportunity to comment. Overall, while our review identifed a few issues that require attention, we did not identify any signifcant problems with the provisions, in conducting our review, we have assumed that these provisions only reflect statutory changes necessary to enable the Govemor to enter into an agreement with the Nuclear Regulatory Commission (NRC). These provisions as written do not address the specific regulatory authority necessary for the Health Department (or other State radiation control agency) to conduct the full range of regulatory activities. Such activities include, but are
, not necessarily limited to, inspections, enforcement, and administrative procedures. As discussed in more detail in our third comment, we have unumed that such statutory provisions already exist in the Minnesota code or will be the subject of future amendments. As such, further NRC review will be necessary in orrier to determine whether Minnesota has all of the requisite statutory provisions to become an Agreement State. We would be happy to discuss this matter further with you.
I As you may be aware, the NRC has a policy statement which provides guidelines for States seeking to enter into an agreement with NRC for the assumption of authority over source, byproduct and special nuclear material (see
- Criteria for Guidance of States and NRC in Discontinuance of NRC Regulatory Authority and Assumption Thereof by States Through Agreements," 48 Federal Register 33376, July 21,1983). This document (enclosed) will be helpful to you in your efforts. We have also enclosed a copy of the 1983 Model State Radiation Control Act for your inforrration.
Our specific comments are as follows:
- 1. Section 1 [ AGREEMENT AUTHORIZED)
The reference to regulation over nonpower plant radiation hazards should be eliminated as it does not accurately reflect the scope of activities over which NRC would continue to exert authority (the scope of such activities is detailed at 10 C.F.R. $150.15), in ku of the language 3 in Section 1, we suggest that you use the following language taken from Section 14(a) of the 1983 Model State Radiation Control Act:
ynn23 G.O fMVII IES EE C2Z2;i CGidIII.El!N#/lf83 -
9802270335 900213 '
__m
A I Ms. Judith Ball, Manager FEB 131998 Section 14 [ Federal-State Agreement.]
(a) The governor, on behalf of this State, is authorized to enter into agreements with the U.S. Nuclear Regulatory Commission under Section 274b of the Atomic Energy Act of 1954, as amended, providing for discontinuance of certain of the Commission's licensing 6nd related regulatory authority with respect to byproduct, source and special nuclear materials and the assumption of regulatory authonty therefore by this state.
- 2. Section 2 [ HEALTH DEPARTMENT DESIGNATED LEAD)
We have no comment on this section. This proposed section is consistent with Section 24 of the 1983 Policy Statement.
- 3. Section 3 [ RULES)
While we have no specific comments on this section as written, we note that most Agreement States have separate statutory provisions for licensing, enforcement, inspections, and other basic statutory provisions important to an effective regulatory program. We assume that the provisions sent to us for review represent only those sections necessary for enabling the Governor (through the Health Department) to seek an agreement with NRC and that more detailed statutory provisions regarding the regulatory matters mentioned above are either already in place elsewhere in Minnesota law or will be developed at a later date. We note that in reviewing Agreement State statutes and regulations, NRC generally defers to the established administrative procedures of the State. At the same time, NRC seeks to ensure that the State's radiation control program will have the basic authority necessary for effective regulation of source, byproduct and special nuclear material.
- 4. Section 4 [ TRANSITION)
Section 4 is consistent with NRC guidance (see section 25 of the 1983 Policy Statement) and, as such, raises no particular concem. For your information, Section 14(b) of the Model State Radiation Control Act reads as follows:
(b) Any person who, on the effective date of an agreement under subsection (a) above, possesses a license issued by the U.S. Nuclear Regulatory Commission for radioactive materials subject to the agreement shall be deemed to possess a like license issued under this act, which shall expire either 90 days after receipt from the agency of a notice of expiration of such license, or on the date of expiration specified in the Nuclear Regulatory Commission license, whichever is earlier.
J Ms. Judith Ball, Manager - 3 FEB13 nss
- 5. Section 5 [ SUNSET)
This provision raises no significant legal concems on our part. However, we note that the sunset provisions may cause difficulties in timing and coordination in entering into an agreement.
l in conclusion, we appreciate the opportunity to review this language, if you have any specific questions, please contect Hampton Newsome of NRC's Office of the General Csunsel. His telephone number is (Sui) 4151623 and E mail address is HHN@NRC. GOV.
l neerely, M (Wh Richard L. Bangart, Director Office of State Programs l
Enclosures:
As stated 1
4 Y
-- . . _ . - - - _ _ _ _ _ = _ . ._ .. - - --
e w
Ms. Judith Ball, Manager 3 FEB 13 1933
- 5. Secen 5 [ SUNSET)
This provision raises no significant legal concems on our part. However, we note that the sunset provisions may cause difficulties in timing and coordination in entering into an agreement.
in conclusion, we appreclete the onportunity to review this language. If you have any specific quest;ons, please contact Hampton Newsome of NRC's Office of the General Counsel. His telephone numbe .: (301) 4151623 and E mail address is HHN@NRC. GOV.
Sincerely, OriginalSigned By:
PAUL H.LOHAUS Richard L. Bangart, Director
' Office of State Programs
Enclosures:
As stated Distribtdion:
DIR RF (8S 27) DCD (SP07)
SDroggitis PDR (YES,f NO._)
JLynch, Rill RB'anton A/S File Mintwsnta File DOCUMENT NAME: G:\SNS\MINN.SNS *SEE PREVIOUS CONCURREh CE.
- v. c.w. . c , > .e em eeven.nt we.n vi. w e . ce m en.e,m.,v.new. r . cor, e .n.e,m.,twA -r we em OFFICE OSP l OSP:DD l OGC OSW l NAME SSalomon:nb PHLohaus FXCameron RLBang%rtI AA, 1 DATE 02/12/98* 02/12/98* 02/12/98* 02/ J.3 /98 '"
OSP FILE CODE: SP A 4; SP NA 11 I
- 4 . .
t..
Ms. Judith Ball, Manager 3 FEB 131933
- 5. Section 5 [ SUNSET)
This provision raises no significant legal concerns on our part. However, we note that the sunset provisions may cause difficulties in timing and coordination in entering into an ,
- agreement. '
In conclusion, we appreciate the opportunity to review this language. If you have any specific questions, please contact Hampton Newsome of NRC's Office of the General Counsel. His telephone number is (301) 4151 AT d E mail address is HHN@NRC. GOV.
Sincerely,
' OdginalSigned By:
PAUL H.LOHAUS J Richard L. Bangart, Director Office of State Programs i
Enclosures:
As stated W
W
. Distribution:
SDroggit;s PDR (YES.f__ NO i JLynch, Rlli B an on p F/kED t a f 13/9 $
Minnesota File DOCUMENT NAME: G:\SNS\MINN.SNS *SEE PREVIOUS CONCURRElliCE, t= ,.c.ev. e to,> w w. socum.auame.i. 53 w c em enout emenm.nv.nek>w. v . ce an mnm.,e.a w4 -r a No ew ,
DATE 02/12 /98* 02/12/98* 02/12/98* 02/ J3 /98 '"
OSP FILE CODE: SP A-4; SP-NA-11 f
,t ..,-s-, - - ~ _ - - , _.-___,,,-.-,,.-r - --
.y i .' '
?
Ms. Judith Ball, Manager 3-
- 5. Section 5 [ SUNSET)
This provision raises no significant legal concerns on our part. However, we note that the l sunset provisions may cause difficulties in timing and coordin$ tion in entering into an agreement.
In conclusion, we appreciate the opportunity to review this language. We have enclosed a copy of the 1983 Model State Radiation Control Act for your assistance and use. If you have any specific auestions, please contact Hampton Newsome of NRC's Office of the General Counsel.
His phone is (301) 4151623 and E mail address is HHN@NRC. GOV.
I Sincerely,
/
Ric ard L. Bangart, Director Office of State Programs Enclosures As stated >
l
/
l
.l Distribution: ,/
DIR RF (8S 27) / DCD (SP07)
SDroggitis ' PDR (YES f ,,,, NO JLynch, Rill j )
f RBlanton .!
A/S File / i Minnesota File
/ I[
-b
> /
- s. f'-
DOCUMENT NAME: G:\SNS\MINN.SNS \"SF
,.. ... ., - - .. - .,c..c _ .u.... .-EVIOUS CON
... - CURRENCE.
l OFFICE OSP l OSP$6, 41 OGC OSP:D l [
lNAME SSalomon:nb PHLohauh_ Pi' FXCameron RLBangart-lDATE 02/12 /98 024DO8 02/lH98 02/ /98
/ OSP FILE CODE: SP A-4; SP-NA-11 1
l Ms. Judith Ball, Manager 3 l
l
- 5. Section 5 (SUNSET)
This provision raises no significant legal concerns on our part. However, we note that the sunset provisions may cause difficulties in timing and coordination in entering into an agreement.
In conclusion, we appreciate the opportunity to review this language. We have enclosed a copy of the 1983 model State Radiation Control Act for your assistance and use, if you have any specific questions, please contact Hampton Newsome of NRC's Office of the GeneralCounsel.
His phone is (301) 415-1623 and E-mail address is HHN@NRC. GOV.
/'
f Sincerely, ,/
/
,/
/
Richard L. Ba'ngart, Director
~
Office of State Programs
}
Enclosures:
/
l As stated /
/
/,,
J
/
/
i
/
Qistribution:
DIR RF (8S 27) _. ' DCD (SP07)
SDroggitis / PDR (YES.f_ NO 1 JLynch, Rlll
RBlanton -
A/S File' Minnesota File DOCUMENT NAME: G:\SNS\MINN.SNS 70 =*. . co,. .e mm eocum.ni. inece. in m. bor c . copy moui .n.c%ne.e.ur. r con, m .n.mm.nv.e.ur. T No copy OFFICE OSPSQ5l6 OSP:DD l OGC OSP:D l l
, NAME SSalomon:nb PHLohaus FXCameron RLBangart DATE 02/ Jt /98 02/ /98 02/ /98 02/ /98 OSP File' CODE: SP-A-4; SP-NA 11
PLEASE FORWARD IMMEDIATELY I
U. S. NUCLEAR REGULATORY COMMISSION OFFICE OF STATE PROGRAMS OFFICE OF STATE PROGRAMS FAX: (301)415 3502 NUMBER OF PAGES:._24_ including this page j
DATE: FEBRUARY 13,1998 i l
TO: JUDITH BALL MINNESOTA DEPARTMENT OF HEALTH FROM: PAUL H. LOHAUS, DEPUTY Dil ECTOR OFFICE OF STATE PROGRAMS (301) 415 3340
SUBJECT:
2/13/98 LETTER TO J. BALL FROM R. BANGART (RESPONSE TO 2/5/98 LTR RE ENABLING LEGISLATION FOR MINNESOTA TO BECOME AN AGREEMENT STATE)
VERIFICATION - (301) 415 3340
( TRANSACTION REPORT >
02-13-1998lFRI) 09 07 i
l I C T R A fsl D t-1 1 T 3 I NO- DATE T itic LC ST i f 4AT I Cd ' ST AT ! CWJ pO. DUR AT I CWJ PODE RESULT 3S977 2-13 09:50 612 215 0976 24 p.17'20' NORti . E' M 24 0'17'28' l i l
6 i
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UNITED STATES NUCLEAR REGULATORY COMMISSION RULES and REGULATIONS TTTLE 10, CHAPTER 1, CODE Op ptDERAl. RtGUL.ATIONS-ENEROY COMMISSION NOTICES POLICY STATEMENTS AGREEMENT STATES as en taso Pub. L Sa-373 which wee enactedla h would be tempet!ble with ht of the Pu m h*d 1/as/et form of a ww secuen to the Ato.mic NRC.The critorie wet. circuleted I"wea 1/88/81 S.norgy Act (Sudon 274) and approved s.mong States. Fedual agencies. leber Ameaded by P8 oubushed 7/tetet by b Proeident on September 33.1963 and Industry, and other Internted les F 19 30069) and 7/31/s3Has PR and amended by Pub.L Smog smupe for comment.
33M61 approved November S.1974.Thue 4.The criterie Ngulte that the State criterte an intended lo indicate factore authority consider the total accumulated Cetterte for Guldence of States and which the Commleston intends to occupational rediction uposure of NRCin DiesenUnuence of NRC tensider in approving new or ernended individuals. To facilitate such en Regulatory Auttnerity and Assumptlen agreements.Doy are not intended to oppoech,it le the view of h NRC that Thoroof by States Through Aprooment hmit Commission discredon in viewing an overall redieUon protection propam Individual a le desirable.N maximum ecope of g=,gwu* neS*arr a .no,de grumente e wie hoeorsie ame,.ndmenu,
,y eses 8,eie. e ,..soon ,oie.uos provisions, when en ereement betwnn propam is not, howev,r, e e eeonsary or Ac90m Statement of policy. s State and the NRCle effected the appropriate subject for ocurage.Ln the suumaan N Nuclear Regulatory Commission wiu discontinue its criterie. Consequendy, the criterie are Commission hos redad its statement o' regulatory authority within that State ellent on the quntion of whether a State policy regarding criterie for guidance of ever one or more of the following should have a totalnraletory propam meterials: byproduct material as defined covering all sourou of ndledon, 5 fetu and NRC in discontinuance of NRC resuletory subrtiy and in Snuon tiett) of the Act includirig those not subject to control by anusption of reguletory subrity b (redioisotoon). byproduct material se the NRC under h Atomic Er.ergy Act.
such se z.roya. todlum, accelwetore. etc.
Statoe throu6h a ement. Die scuokledefinedin $ecuen11ett)of the Act temnge or WHtuk source mahdal(raill f. Wu nWud cMtMe PWde for notessary to me editorial thanges to opdate h polley statessent, to eDow (utanJum and thorium). speciel nuclear ...:ci g into an spument for a States to ester into a meterial (utantum 833. utentum 135 and isveiwnew owy. ./;;emente forlow. Lparate imicategory aa maaia of meleftals.memely, pem-i ios,,o,s k e a n w in au = U * = nume w i a erm a critical men and permanent disposal facilities. ney also provide visions and n disposal of low. level weste contatning new criterle for Stelee wieking to realum MlU eTalkutremente Redietlen Control ofone theor more of k insterials stated continue regulating wealum and thorium Act of187& Adopuon of thle policy wul aDow laternted Statu to enter lato abon but notlacluding miu toutngs. procusing and the wastes swulung
- 3. An apwment may be eflected therefrom under the prmielone of the as.eaments with the NRC and regulate low. level weste altu only. AddluonaVy' betwns a State and NRC:(1) upon Urenturn MillTa setton Control then Statu that mHi the critulo for eartlfLcatlos by the Governor that the Act of1973 (Pub.L 1 after the regulados of uranlum mille and State has a proyass for the control of Nevernbu S.1981.The reind crikrta laulage may emercles regulatory redleties hasarde adequate to protect also conteln e number of ettorial the public bulth ard safety with respect changes such as changing AEC to NRC authert over thne sourcu se vided by the hrsalum MillTeULngs Rehedon le the matuiale witain the State sovered where appropriate to conform to present l
Control Act of tyrt, as amended, by the propond spument and the ,rectice and lew.
De revlud statement of potj State duttu to enume regulatory S. Inquiries about deleus of the es!!ects the foDowing principal c$ Neponsibility for such meterials: and (2) critute or other espects of the NRC 8 es.
after a Anding by the Commls.lon that Federal. State Relatione Propam should 1.Modiftrados of Criterion 27 to the State propas is to accordance with be addressed to the Omos of State ument for Propams. U.S. Nuclear R atory n!!ow the a Stew regulation to nok an afwaste oflow leve se a the requiremente of subsection o of section 274 and in all other nopeets Comm!nlon. Washington, C 30688.
separeto Llacluelencategory,dditional of a erlieria for compeuble with the Commission's Crliarla i States wishina to continue regulatins program for the regulaton of such meteriale, and is adequeto to protut the g3j,,yy ,
uranium and ihorium processore and mill tallings after Noumber 8,19tt. pubtle health and safety with nopect to Protecuen. A State ugulatory
- 3. Sditorial sed clorifying changes to the noteriale covered by the propond water.; shall be dettaned to prowet the make the statement curnnt, agreement. It le also necenary that h health and safety of15e people asetnet Datst his polley statement la effecuve State have enablinglegislallon radiation hasartie.
january as,1931. subrising its Cournor to enterinto Aediadoa Pro 4cun tendards '
Poa Puertwen impomuntioas coerf act: *h "" '8'"*'"'"
John F.Kend! .Omco of Steu Programs' 3.The original crit erie wns published U.S. Nuclut uletory Comm!nion. on March 34.1931 (it TR 1537) eftw 'Tw n. wm arit es. pied a rew.it see Washington. D. 30585*t*le;5 sol
- discuestone with vertous State ometale et&-Frer. arad other State reptesantetives. to @(w ra sur.uma n.ien..e ea nees mMQ swortsweerTARY Wppmuangeg ltoVide guldance Snd sisletance to the C.O aws and ae xEC (now NRenn 2,~,.,s weeMAof
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- e. UA D.ep.ssmeN
. e. s,.i diemenJ'A "g're*m'.'e'i'2e'n d = 'ar as a a s=2*'arr Pras= *h ch
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PDUCY STATEMENTS compliance with regulatory of eesloe6en and taspection of all of the Spec /o/ Nuclear Afoter/ol. Source )
recuinments. varione or e of byproduct. source and Aforer/o/and Tr/t/um <
trosency ofinspection shau be speelal evelear meterial which might et Conditions ApplicoMe so Speclol related dimody to the enount and klad corne to the regulatory body should havs of material and type of operation Nue/ror Afoter/ol. Source Afortriolond subetential tralatna and extenalve Tr/t/um. Nothing in the State's licenood. and it shaU be adequate to experience to the held of redieuon insure comp!!anos. protecUon. lt le desirable that such a n!uletory prcgram th dulles imposed shsU on the holder interfere of the with
- 17. inspecuorie Compu Uoensees person bare a bachelor's degree et materials by the NRC, for example, the abau be under cbhgetion by w to equivalentln the phnical orlifs du:y to report to the NRC, on NRC sciences, and specific training ndledon prescihd forms (1) transfers of special provide scoop to insgetors. salts of 18.Nouhootion of protecuen. nucleer meterial, source material and Inspecflon. Ucensees are enuded to be It is recognLted that there wtU al. % data, edvloed of the results of inspecuono and Mrsom la h propam performing a tritium. and Nuclear 12.5pec/o/ (2) periodL Afoter/olinventohe* /med.
to notice es to whether or hot they are in teore limited funption la evaluation and Special nudear material. in (luenutles comphence. inepectiorL Dese persons will perform not sufhcient to form a critical mess, for gof,fe,,,3; the day to< ley work of the regulatory pnsent purposes muns utenlum proprem and deel with both routine enriched in the lootope U-235 in
- 13. Enforcement Possession and use shudone n weU es some which wtU be quantitles not emceeding 350 pams of of radioscun resterials should be out of the ordinary. hue persons contained U-235; utentum 233 h.
amenable to enforcement throus legal obei.1d han a bachelor's depee or quant!Ues net exceeding 200 grams:
uncuens, and the regulatory su onty equtvalent in h physical or life plutonium in quantitles not exceeding shall be equipped or aesisted by law sciences, tralning in health hyeles, and 200 pams; or any combinetion of them with the necessary powers for protnpt opproalmetely two years o actual work in accordance with the followin enforcement This may include, se experience in the held of radiatico formula Tor each kind of specia appropriate, adrainistrouve rettedjes protection. nucleet material, determine the ratlo looking toward leeuance of orders between the quantity of that special requirms afhrmauve acuen or The fortfoin are considered desirable queh cations for the staff who nucleet meterial and the quenuty suspension or revocadon of b right to speciDed above for the same kind of possess and use materials, and the wlU be psponsible for the actul 1,npoundmg of meterials. b obtaining drmu specla! uudear motorin!. The surn d
[nspecuen.te d evaluation In addition, there will and such ration for all of b kinde of spedal ofit.;ancuve rehef and the imposing of probably be trainees associated Mth the chil or criminal penelues. nuclear material la combination abould pguistory propam do wul beu an not exceed "1"(l.e., untry). For example, Arryonnel academic backpound in the physical or b foUowbg gunU6u m combineUn 30 Qualifications of Artulofory and W eclencu es weU es uWemounts would not exceed the lim!!aues andt are
/nspection Personnel. The regulatory of speelhc tral la radieuon within b formula, n foUows' agency shall be stafled with sufficient protection but litt e or no actual work treined persormel. Prior o aluation of experience in this field %e backpound and specific tralning of the6e persona 175(grseseontainedU.235)e apphcations for licenses or authensayons and inspection of willindicate 10 sofre est rat their MO licensus must be conducted by persons Potential role in the regulatory prograuL possessing the training and eaperience nue treloees, of course, comd be used 50 (grans 0 233) , 50 (grams Pv) relesant to h type and lent of Inically to enlute and Lnopect thou neauan or a diaacu a = *iedaia MO MO
,edioacury in b ropo d .se io be * ' '
evaluelvd and inspected.This requires competency to evaluate various ara \$ d f d a d io $ (This b ect to change by defintoonr is sude or regulebon.)
futu9 Commieslon standpoint. for esample, inspection o 1'L*$8&e'd L"y',';"s m .f wa=~',"ydiagnosu"c
". ~n ~ ccs medical
~~1 'sc?tc 0" pregams an iJ. we pra:Uces for assudng the falt radioactive metefel and indudes concentrations of tediosettve meteriela in att and water, conditions of shielding.
(',8[' h",[4 g,$'[,'jd '"
and impartial administreuen of regulatory la w. induding provielen for be Public participation where appropriate, the makins of redleHan messurements morewed com phgressivel ex or diffeult to trPes deal with of the bowledge et redisuon instruments- recuoective material opphcanons. it le should be incorporated in procedures hlr ulection, use and calibretion- desirable that such trainen have a I*
laborotory design, contamination
- I""I'U'" 'I '"I" d 8""'
control, other general r* inclPles and bechelor's physical or li defe sciences and specificree or equinlent in M or denying
'E[II**DIII'YAFproving applic practicu of radiation protectios and tretning in radletion protection. In use of management controle in assuring for licenses or authorisation to possess determining the requirement for adherer.ce to sefety procedures. in order academic tralntna of individuals in all of
' " d " ' **
- U" " ' ' '"
to evaluate some complex cases the the foregoing categories proper C,'leltng disciptmary scuons against gI*""'
state regulatory etaff may need to be considereuen should be given to supplemented try consultants or obt equivalent competency which has been Artchgements for DisconflaadittNRC btate egencles with erpartise in geology, gained by appropriate technical and furisdiction hydrology, water quahty, rediobiology redieDon protecuon eaperience.
and engineering disciplines- S O ole A p Des .wfle, no 11is recognized that radioacuve State should inkicate w ich agency or To perform the functions invoh ed in meterials and their uses are so varied evelnuos and inspection. it to desirable esenclu will have authorfty for ca .
that b evaluation and inspection, on the that bre be personnel educated and functions wtU require ek1De end tralneila the phyelcal and/or life experience in the different oisciphnes NRC Mam andofthe$
summa should legal rovide authority.nere should be assuranus sciences, laduding biology, chemistry. which wiu nc,t always reside in one seeinst du licate regulation and phyelce and engineering. and that the person. The reguletory authority shold Stato and local authoritfu, pereormel han bad trotning and beve the compothe of such sk!!!s either licensics experleone in redietion protection. For la its empidy er at its command. not and it me/ e desirable ht bre be a example, the person who wiu be only for routine functions, but also for sirigle or certral n Lining NR rebdcensee andletory auth twponsible for the actual performance emergency cases. pendmg Applicofions. In efrectina the ps.AG.3 November 28,1997 (reset)
1 POLICY STATEMENTS J
critena. in any use, authority for thalt egency assessment of the propooed esperience in redledon protect on implementation should be adettetely project le not adequate or appropriate. necusory to evaluate the enginering supported by statute, regulation or can However, the lud eseney may prepare and radiological ufety aspects of a lew as determined by N State Attorney an environmental summent bmd uranium concthtrator, Current i General, upon an opphcant's environmental l'idicadons are that 3 to 3.75 total is Alicensing and regulation of ores report. Other credible information may profes sional person years' effort le procened primertly for their souros be uti!Lud b the State se long as such tieeded to process a new convenuonal i meteriel sonwnt and for N dhposal of information verified and documented mill beenee,in altu bcenas, se rajor 1 byprodwet material, procedures shall be by the State. renewal, to meet the mquiremente of 1 esublished which provide a written c. When a lead egen le deelgneted, UMT1tCA. nis number includes the 1 analysle of the is on the ht agency should coor ete effort for the environmental emument environment of 11oensing scurity, preparadon ef the statement.no other and th in. plant safety review,it also Wie ano ele shellbe eveueble to the agencies invelved should provide includes the we of consultanta Heap public be re comraencement of aastetance with respect to their arue o( leech applicauons sney take less time hearings and shallinclude:' jurlediction and expertise. Feetore and is aspected to take ss to La
- a. As summent of the radiological plevant la obtaining autetance from Profeselonal statt years' e5ert, and nonrediologicalpublic beelth ohr agendu include the spplicable depending on the circumstances octa; statutory authori , the time se uence in encountmd. Current indicadone are
. An sueument of any pact on which the agenci becomelov ved, ht the person yeare effort for esppcet any body of weter or groun weter: the magnitude of hir involvement, and and legal nrvices abould be one
, c. Considereuon of alternativu to the relative expertise with to to b Mcest fora almatelya beepud activitsw; and p }ect's environmental e ecu. conven and % staff years for
- d. Conalderation of long term impacts order to bring an envirorunental lept services for each noecontested emul i of Iloonsed activities (see item 36b.(1). suusment to e estisfact conclusion, case,W im set es endroontal Aeruleuan, it is recomunended at an inlual muHodng 1 borstory npport serviose ace i ocument be developed which le dimeult to seumate but abould be
- 33. Sa'e uguladone abould be cle r dehneetee the area and scope of added into the personnel re u'rements, i reviewed for regulatny requirements' work o be performed by uch apney in addluon, conalders ould be and wbm neos.sary incorporate within a given time constraint. h en to various misc 4Usowue st.
reguletory language which to equivalent
- d. For those areas in the luu!ng 3 Mag aMtin lac 1 th to the extent precucable or more luuance o minor amendments, I""" 'h g' strirgent than reguladone and standards adorted and enforced b the (t "
can id #a e a8 u "j impections, and environmental eurveillance. It le ptimated that boe Comalulos. es req by section ha y ,
a dentppo engUn
,' ., nto e[n#I ecuddee may quire about (LS to 2 m- a cni+a andio crR asmsmeni. it,e siaie sho"ui7have Pa* a reau - rua uc~ d f ='utr I"31M prevlolone for obtelning outelde Pe sar, the latter being the case for a
[Ic OtranhofionalAe/oflonsAlps Widin consulting services,In those instances e , stores whm non- ovnnmenstalconsu? ante 7,'.g'irapo[rio g g d tives l anizadonal reladouships an utthre procedures should be
$3. b. In evaluating license opplications obould established which wiu established to avoid conflict of internt consistent with State low and the State shall have eccess so nacessary provide for an effecuve regulato ad p dure' s clahties, e.g radiolo calsafety, p om for uranium inule and att,et h drology, geology and am to e.
g, , , ,cb8n! W b construction and operadon.
arte should be develo ed which their uputise in smer medical a.
matters. such as b O geand la eddition to the roonnel show h management organ seuon and qualifications listed the *Culde for knee of subri .This chart should Hanford National 1.aboratories, relating Evaluadon of State Radiation Control define the sped c lines of supervision to the intake or utenlum and its Programs? Revision 3.Fabius t 1900, from program management within the dia;nosis thereof associated with the regulatory ste!!!nvolved in a todieuon control group and any other urenlum mining and milhng should be reevletory process (Radiation 1 abould department wtthin the State rnpamible a a o se State for Idj i ed,ga
, have addiuonal training in Uranium Mill for contributing io the ngulation of '
Health physics and Envirenmental l uranium processing and disposal of Durin the bud h' St'le 8hould allo or$u^ '"u 8 e Asamments.
I telhngs. When eht State agencies or incurred by the un of remuliants.n c.personnelin agencies other than the regional omces an utilised, the 1.nu of !
lead agency are included in these total I
cc,mmunication and administrouve addition. consultants should t>=
evallable for any emmeneles which , g ,g ggg, , peg,,
control between h stencies and/or are counted in has numbm then it ngtons and the Program Director should i r expuun Qo,c{ur ,a 7' ohell be demonettsted that hoe be clearly drewn. personnel will be available on a routine b.Nie States that will still:e Fereannel and continuing beste to a degru personnel froc okt State Departments claimed as necessary to successfuDy i
or receral agencies in prepartas the N Pmonnelnudedin h i
cJ the 11 cense applicauen can hroeming comply with the requirements of environmental asuesment should identified or ouped socording to b Uhf3CA and thne criteria.The designato a lesd agency for superdstne following ski Is: Technical, air emente for making such resources
- and coordineting preparation of th's Administretive; end Support, avau ble shallbe documented such se environmental asoessment. It le a. Adminletrative personnel are those an lateres ey memorandum of norme!)y expected ht h radiction peens who wiU provide infunal undestan and confirmed by control e ney in rement Stotes wiu $.j,w
- .re.reemoranda,nWews and budgetary cost centers.
be the le agency. e basic premise is i. , , a.;i ., vices necessary to assure that the lead egency le re utred to mcgions ye De Coved comp edon of the licensing action.
pare the environment assessment- Fupport personnel are those pmone 35,m States shou'd develop thetion of an oppheent's who provide secretarlal, clerical procedures for licensing, inspeedon, and environmentainoort in beu of a lesd su rt, legal, and 19boratory utvicea. preparation of environmental T cal r onnel am thou enessments.
be*hrenew a ev.cas.g ,m.-addtw. m"it.u so 4.n.eriod individual who heve h trelning and a. Licensing
[t} ucensing evaluations or
o.
1983 MODEL RADIATION CONTROL ACT This draft act is a complete updating of the 1961 Suggested State Legislaflon act. It now covers both ionizing and nonionizing radiation. Procedural requirements for public participation in licensing or source material processing and related mill tailing management, environmental impact analysis ano judicial review have been added in order to confoun to the tederal Uranium Mill Tailings Radiation Control Act of 1978. Authorization is provided for the negotiation of regional interstate compacts for low level radioactive waste disposal, the acquisition of land for disposal sites and the establishing of a low-level waste disposal service. User fees are also authorized.
The legislation also requires that licensees provide financial surety to guarantee closure, decommissioning, reclamation and long-term care funds to cover custodial services after licenses terminate. Finally, the draft law gives the states authority to assess and collect civW monetary penalties for violations of licensing or registration requirements.
Many parts of the act are presented in brackets, indicating options for bill drafters. There are also several con",,ents offered on specific parts oj the law.
The draft legislation vvas submitted by the U.S. Nuclear Regulatory Commission.
Suggested Leg'slation (Title, enacting clause, etc.)
Section 1, [Short Title.) This act may be cited as the Radiation Control Act.
Section 2. [ Declaration of Policy) It is the policy of the state in furtherance of its responsibility to protect the [ occupational and) public health and safety and the environment:
(1) To institute and maintain a regulatory program for sources of ionizing and nonionizing radiation so as to provide for compatibility and equivalency with the standards and regulatory programs of the federal government, [a single,) [an integrated.) effective system of regulation within the state, and a system consonant insofar as possible with those of other states.
(2) To institute and maintain a program to permit development and use of sources of radiation for peaceful purposes consistent with the health and safety of the public.
(3) To provide for the availability of capacity either within or outside the state for the disposal of low-level radioactive waste generated within the state except for waste generated as a result of defense or federal research and development activities and to recognize that auch radioactive waste can be most safely and efficiently managed on c regional basis.
Section 3. [ Purpose.] It is the purpose of this act to provide:
(1) A program of effective regulation of sourcas of radiation for the protection of the
[ occupational and) public health and safety.
(2) A program to promote an orderly regulatory pattern within the state, among the states and between the federal government and the state and facilitate intergovemmental cooperation with cespect to use and regulation of sources of radiation to the end that duplication of regulation may be minimized.
1
Suggested State Legislation (3) A program to establish procedures for assumption and performance of certain regulatory responsibilities with respect to byproduct, source and special nuclear materials and radiation generating equipment.
(4) A program to permit use of sources of radiation consistent with the health and safety of the public.
Section 4. [ Definitions.) As used in this act:
(1) " Byproduct material" means:
(l) Any radioactive material (except special nuclear material) yielded in or made rad osctive by exposure to the radiation incident to the process of producing or utilizing special nur tear material, and (ii) The tailings or wastes produced by the extraction or concentration of ure Wm or thorium from any ore processed primarily for its source material content.
(2) " Civil penalty" means any monetary penalty levied on a licensee or registrant because of violations of statutes, regulations, licenses or registration certificates, but does not include criminal penalties.
, (3) " Closure" or " Site closure" means all activities performed at a waste disposal site, such as stabilization and contouring, to assure that the site is in a stable condition so that only minor custodial care, surveillance and monitoring are necessary at the site following termination of licensed operation.
(4)" Decommissioning" means final operational activities at a facility to dismantle site structures, to decontaminate site surfaces and remaining structures, to stabilize and contain residual radioactive material and to carry out any other activities to prepare the site for post operational care.
(5) " Disposal of low-level radioactive waste" means the isolation of such waste from the biosphere by emplacement in a land burial facility, (6) *High-level radioactive waste" means:
(1) Irradiated reactor fuel.
(ii) Liquid wastes resulting from the operation of the first cycle solvent extraction system, or equivalent, and the concentrated wastes from subsequent extraction cycles, or equivalent, in a facility for reprocessing irradiated reactor fuel.
(iii) Solids into which such liquid wastes have been converted.
(7)" General license" means a license effective under regulations promulgated by the
[ agency) without the filing of an application with the [ agency) or the issuance of licensing documents to particular persons to transfer, acquire, own, possess or use quantities of, or devices or equipment utilizing, radioactive material.
(8)" Specific license" means a license, issued to a named person upon application filed under the regulations promulgated under this act, to use, manufacture, produce, transfer, receive, acquire, or possess quantities of, or devices or equipment utilizing, radioactive material.
(9) "Lo.v-level radioactive waste means radioactive waste not classified as high-level radioactive was.e, transuranic waste, spent nuclear fuel or byproduct material as defined in subsection (1)(ii).
(10) " Person" means any individual, corporation, partnership, firm, association, trust, estate, public or prisate institution, group, agency of this state other than [ agency), political subdivision of this state, any .ther state or political subdivision or agency thereof, and any legal
p.
l Suggested State Legislation successor, representative, agent, or agency of the foregoing, but not including federal '
government agencies.
(11) Radiation" means lonizing radiation and non ionizing radiation.
(12)"lonizing radiation" means gamma rays and X rays; alpha and beta particles, high speed electrons, neutrons, protons, and other nuclear particles; but not sound or radio waves, or visible, infrared or ultraviolet light.
(13) " Nonionizing radiation" means:
(l) Any electromagnetic radiation, other than ionizing electromagnetic radiation.
(ii) Any sonic. ultrasonic or infrasonic wave.
(14)" Radiation generating equipment" means any manufactured product or device, or component part of such a product or device, or any machine or system which during operation can generate or emit radiation except those which emit radiation only from radioactive material.
(15)
- Radioactive material" means material (solid, liquid or gas) which emits ionizing radiation spontaneously. It includes accelerator-produced, byproduct, naturally occurring, source and special nuclear matorials.
(16) " Registration" means registration with the agency in accordance with rules and regulations adopted pursuant to this act.
(17)" Source material" means uranium or thorium, or any combination thereof, in any physical or chemical form; er ores which contain oy weight one-twentieth of one percent (0.05 percent) or more of uranium, thorium, or any combination thereof, Source material does not include special nuclear material.
(18) " Source material mill tailings" means 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 underground solution extraction processes but not including underground ore bodies depleted by such solution extraction processes.
(19)" Source material milling" means any processing of ore, (( including)[ excluding) underground solution extraction of unmined ore), primarily for the purpose of extrccting or concentrating uranium or thorium therefrom and which resu!!s in the production of source material mill tailings.
Comment. The SSL Committee placed part of his subsection in brackets, making the inclusion or exclusion of underground mining optional. The U S. Nuclear Regulatory Commission advises, that in its opinion, exclusion would raise questions of compatibihty with the intent of federallaws and regulation.
(20)" Sources of radiation" means, collectively, radioactive material and radiation generating equipment.
(21)"Special nuclear material" means plutoalum, uranium 233, and uranium enriched in the isotope 233 or in the ;sotope 235, but does not include source mateial; or any material artificially enriched by any of the foregoing, but does not include source material.
(22)" Spent nuclear fuel" means irradiated nuclear fuel that has undergone at least one year's decay since being used as a source of energy in a power reactor, Spent fuelincludes the special nuclear material, byproduct material, source material and other radioactive material associated with fuel assemblies.
?" . .
Suggested State Legislation (23)" Transuranic waste" means radioactive waste containing alpha emitting transuranic elements, with radioactive half lives greater than five years, in excess of 100 nanocuries per gram.
l Section 5. l State Rad'ation Control Agency.)
(a)[The department of is hereby designated as the State Radiation Control Agency, hereir after referred to as the agency.] [There is hereby created e State Radiation i Control Agency, hereinafter referred to as the agency. The agency shall be an organizational component of the state department of .] [There is hereby created an independent State Radiation Control Agency, hereinafter referred to as the agency.)
(b)[The head of the state department of } shall designate the director of the agency, hereinafter referred to as the director, who shall perform the functions vested in the agency under the provisions of this act.
Comment: If an independent State Radiation Control Agency is created, the govemor should appoint the director.
(c) in accordance with the laws of the state, the agency may employ, compensate and prescribe the powers and duties of such individuals as may be nacessary to carry out the provisions of this set.
(d) The agency shall for the protection of the [ occupational and) public health and safety
[and the environment):
(1) Develop programs for evaluation and control of hazards associated with usE.
of sources of radiation.
(2) Develop programs with due regard for compatibility with federal programs for regulation of byproduct, source and special nuclear materials.
(3) Develop programs with due regard for consistency with federal programs for regulation of radiation generating equipment.
(4) Formulate, adopt, promulgate and repeal codes, rules and regulations, which may provide for licensing and/or registration, relating to control of sources of radiation with due regard for compatibility with the regulatory programs of the federal government.
(5) Issue such ordere or modifications thereof as may be necessary in connection with proceedings under this act. This power is intended for use in conjunction with any licensing authority. [The act nr acts providing this authority should be cited.)
(6) Advise, consult, and cooperate with other agencies of the state, the federal government, other states and interstate agancies, political subdivislans, and other organizations concerned with control of sources of radiation.
(7) Have the authority to accept and administer loans, grants or other funds or gifts, conditional or otherwise, in furtherance of its functions, from the fedaral government and from other sources, public or private.
(8) Encourage, participate in, or conduct studies, investigations, training, research and demonstrations relating to control of sources of radiation.
(9) Collect and disseminate information relating to control of sources of radiation, including:
(I) Maintenance of a file of alllicense application, issuances, denials, amendments, transfers, renewals, modifications, suspensions and revocations.
r.. , ,
Suggested State Legislation (ii) Maintenance of a file of registrants possessing sources of radiation requiring registration under the provisions of this act and any administrative or judicial action pertaining thereto.
(iii) Maintenance of a file of all of the agency's rules and regulations relating to regulation of sources of radiation, pending or promulgated, and proceedings thereon.
Comment: Subsections (e) and (f) which follow are recommended for those states in which regulatory responsibihties for raMation are assigned to two or more agencies. The state may want to assign this coordinating function to a committee representing the several agencies instead of to a single coordinator.
(e) The governor shall designate a Coordinator of Radiation Activities. The coordinator shall:
(1) Consult with and review regulations and procedures of the agencies to assure consistency and to prevent unnecessary duplication, inconsistencies or gaps in regulatory requirements.
(2) Review [before and) after the holding of any public hearing required under the provisions of this act prior to promulgation, the proposed rules and regulations of all agencies of the state relating to use and control of radiation, to assure that such rules and regulations are consistent with rules and regulations of other agencies of the state. Proposed roles and regulations shall not be effective until [ _ ] days after submission to the coordinator, unless either the governor or the coordinator waives all or part of such [ _ ) day period. The waiting period should run concurrently with any waiting period required by any other state law.
(3) When the coordinator determines that proposed rules cr regulations are inconsistent with rules and regulations of other agencies of the state, consult with the agencM insolved in an effort to resolve such inconsistencies. Upon notification by the coortnator that such inconsistency has not been resolved, the govemor may find that the proposed rules and regulations or parts thereof are inconsistent with rules or rei;;ulations of other agencies of the state and may issue an order to that effect in which event the proposed rules or regulations or parts thereof shall not become effective. The governor may, in the attemative, upon a similar determination, direct the appropriate agency or agencies to amend or repeal existing rules or regulations to achieve consistency with the proposed rules or regulations.
(f) The several agencies of the state (and political subdivisions) shall keep the coordinator fully and currently informed as to their activities relating to (development and) regulation of sources of radiation.
Section 6. [ Advisory Committee on Radiation.)
(a) The [ insert appropriate official) is authorized to appoint an Advisory Committee on Radiation consisting of ( ) members with training and emerience in the various fields in which l sources of radiation are used. Members of the commL a P '.$ serve at the discretion of the
[ insert appropriate official) and [ receive no salary for servas but may be reimbursed for actual expenses incurred in connection with attendance at committee meetings or for authorized business of the committee.][, when on business of the coramittee, be entitled to receive compensation at the rate of [ _ dollars per diem] [in accordance with ) and may be reimbursed for actual expenses incurred).
(b) The committee, if appointed, shall make recommendations to the [ cite appropriate official) and furnish such advice as may be requested by the agency on matters relating to the regulation of sources of radiation.
, S-
e..
Suggested State Legislation Comment: Two attematives for heensing are presented. the first a shorter version.
[ ALTERNATE I(Short Form))
Section 7 [ Licensing and Registration of Sour ms of Radiation.)
(a) The agency shall provide by rule or regulation for [ general or specific) licensing of
[ byproduct, source and special nuclear materials) [ radioactive material) [ radioactive material not under the authority of the U.S. Nuclear Regulatory Commission,) or devices or equipment utilizing such material [s). Such rule or regulation shall provide for amendment, suspension or revocation of licenses.
(b) The agency is authorized to require registration [or licen. %g) of other sources of radiation.
(c) The agency is authe/. zed to exempt certain sources of radiation or kinds of uses or users from the licensirs or registration requirements set forth in this section whon the agency makes a finding that the exemption of such sources of radiation or kinds of uses or users will not constitute a significant risk to the health and safaty of the public.
(d) Rules and regulations promulgated under this act may provide for recognition of other state or federal licenses as the agency may deem desirable, subject to such registration requirements as the agency may prescribe.
[ ALTERNATE ll (Long Form))
Section 7. l Licensing and Registration of Sources of Radiation.)
(a) The agency shall provide by rule or regulation for [ general or specific) licensing of
[byproouet, source and special nuclear materials)[ radioactive material) [rodioactive material not under the authority of the U.S. Nuclear Regulatory Commission) or devices or equipment utilizing such material. Such rule or regulation shall provide for amandment, suspension or revocation of licenses. Such rule or regulation shall provide that:
(1) Each applicatien for a [ specific) license shall be in writing and shall state such information as the agency by rule or regulation, may determine to be necessary to decide the technical and financial quklifications or any other qualifications of the applicant as the agency may deem reasonable and necessary to protect the [ occupational and) public health and safety.
The agency may at any time after the filing of the application, and before the expiration of the licerise, require further written statements and may make such inspections as the agency may deem necessary in order to determine whether the license should be modified, suspended or revoked. All applications and statements shall be signed by the applicant or licensee. The agency may require any applications or statements to be made under oath or affirmation.
(2) Each license shall be in such form and contain such terms and condition
- as the agency may by rule or regulation prescribe.
(3) No license issued under the authority of this act and no right to poss use sources of radiation granted by any license shall be assigned or in any manner dir i of unless the agency shall, after securing fullinformation, find that the transfer is in accor' a with the provisions of this act, and shall give its consent in writing.
?.
Suggested State Legislation (4) The terms and conditions of alllicenses shall be subject to amendment, revision, or modification by rules, regulations or orders issued in accordance with the provisions of this act.
(b) The agency is authorized to require registration or licensing of other sources of radiation.
(c) The agency is authorized to exempt certain sources of radiation or kinds of uses or users from the licensing or registration requirements set forth in this section when the agenev makes a finding that the exemption of such sources of radiation or kinds of uses or users wm not constitute a significant risk to the health and safety of the public.
(d) Rules and regulations promulgated under this act may provide for recognition of other state or federallicenses as the agency shall deem desirable, subject to such registration requirements as the agency may prescribe.
Section 8. [ Source Material Processing and Related [Bproduct Maten'al) [ Mill Tailings.)
(a) Custody of disposal sites:
(1) Any radior:,tive materials license issued or renewed after the effective date of this section for any cctivity which results in the production of [ byproduct material, as defined in section 4(1)(ii),) [ source material mill tallings) shall contain such terms and conditions as the agency determines to be necessary to assure that, prior to termination of such license:
(1) The licensee will comoly with decontamination, decommissioning, and reclamation standards prescribed by the agency, which shall be equivalent, to the extent practicable, or more stringent than those of the U.S. Nuclear Regulatory Commission for sites at which ores were processed primarily for their source material content, and at ivhich such
[ byproduct materialis)(mill tailings are) deposited.
(ii) Ownership of any disposal site and such (byproduct material)[ mill tailings) whah resulted from the licensed activity shall, subject to the provisions of this act, be transferred to the United States or the state if the state exercises the option to acquire land used for the disposal of such (byproduct material] [ mill tailings).
Any license which is in effect on the effective date of this section and which is subsequently terminated without renewal shall comply with subsections (I) and (ii) upon termination.
(2) The agency shall:
(1) Require by rule, regulation, or order that prior to the termination of any license which is issued after the effective date of this section, title to the land, including any interests therein (other than land held in trust by the United States for any Indian tribe or owned by an Indian tribe subject to a restriction against alienation imposed by the United States or land already owned by the United States or by the state) which is used under such license for the disposal of [byprodur ,natetial] (source material mill tailings) shall be transferred to the United States, or the sta', unless the U.S. Nuclear Regulatory Commissim determines prior to such termination that transfer of title to such land and such [ material][ mill tailings)is not necessary or desirable to protect the public health, safety or welfare or to minimize danger to life or property.
(ii)If transfer to the state of title to such (byproduct material)[ mill tailing) and land is required, following the U.S. Nuclear Regulatory Commission's determination that the licensee has complied with applicable standards and requirements under his license, assume 7
r
r..
Suggested State Legislation title to such [ material] [ mill tailings) and land and maintain such [ material) (mill tailings) and land in such manner as will protect the public health and safety and the environment.
(iii) The agency is authorized to undertake such monitoring, maintenance and emergency measures as are necessary to protect the public health and safety for those materials and property for which it has assumed custody pursuant to this act.
(iv) The transfer of title to iand '-[ byproduct materials) (source material mill tailings) to the United States or the state shall - slieve any licensee of liability for any fraudulent or negligent acts done prior to such transi (v) [ Material) [ Mill tailings) and Innd transferred to the United States or the state in accordance with this subsection shall be transferred without cost to the United States or the state other than administrative and legal costs incurred by the United States or the state in carrying out such tusfer.
(b) In licenag and regulation of [ byproduct material) (source material mill tailings) or of any activity which results in the production of (byproduct mrterial] [such tailings), the ager.g shall require compliance with applicable standards promulgated by the agency which are equivalent, to the extent practicable, or more stringent than, standards cdopitd and enforced by the U.S. Nuclear Regulatory Commission for the same purpose, including r6quirements and standards promulgated by the U.S. Environmental Protection Agency.
Section 9. [ Low-level Radioactive Waste Disposal)
(a) The agency is authorized to enter into negotiations for a compact with other states for the establishmentand operationof a regionalfacilityfordisposaloflow levelradioactivewaste. Ay such compact, before being put into effect, shall be ratifiedby the legislatures of the several states and consented to by the Congress of the United States.
Comment: To avoid the appearance of confhet of interests between regulatory and operational responsibikties, the agency designated in subsections (a), (b), (c) and (d) for custody and oporational management of facihtles for the disposal or radioactive waste should not be the same agency as designated in Section 5 as the radiation control agency. The keensing agency designated in subsection (d) (third reference) and in subsection (e) is the radiation control agency and the regulatory agency having jurisdiction in subsection (c) is either the radiation control agency or the U.S. Nuclear Regulatory Commission (b) The state is authorized to accept or acquire, by gift, transfer or purchase, from another government agency or private person, suitable sites including land and appurtenances for the disposal of low-level radioactive waste. Sites received by gift or transfer are subject to approval and acceptance by the [ agency on behalf of the) state.
(c) Lands and appurtenances which are used for the disposal of low level radioactive waste shall be acquired in fee simple absolute and used exclusively for such purpose, unless or until the regulatory agency having licensing jurisdiction over the site determines that such exclusive uss is not required to protect the public health, safety, welfare, or environment. Before such site is leased for other use, the regJlatory agency shall require and assure that the radioactive waste history of the site be recorded in the permanent land records of the site. All radioactive material accepted by the agency or by any agent of the agency for disposal on a radioactive waste disposal site shall become the property of the state.
(d) The agency is authorized to arrange for the availability of a service for disposal of low level radioactive waste by contract (or agency) operation of a disposal site acquired under l
l
?, ,
0*
Suggested State Legislation subsection (b) or already owned by the state. A contract operator shall be subject to the surety and long term care funding provisions of this act and to appropriate licensing by the U.S.
Nuclear Regutatory Commission or by the agency under an agreement under this act.
(e) The egency sha'l not approve any application for a license to receive radioactive waste from other persons for disposal on land not owned by the state or federal governmer.t.
Section 10. l Radiation User Fees.)
(a) The agency shall prescribe and collect such fees as many be established by regulation for radiation protection services provided under this act. Services for which fees may be established include:
(1) Registration of radiation generating equipment, and other sources of radiation.
(2) Issuance, amendment and renewal of licenses for radioactive materials.
(3) Inspections of registrants or licensees.
(4) Environmental surveillance activities to assess the radiologicalimpact of activities conducted by licensees.
(b) In determining rates of such fees, the agency shall, as an objective, obtain sufficient funds therefrom to reimbun e the state for all or a substantial portion of the direct and indirect costs of the radiation protection servicos specified in subsection (a). The agency shall take into account any special arrangements between the state and a registrant, licensee, another state or a federal agency whereby the cost of the service is otherwise partially or fully recovered.
(c) Notwithstanding the provisions of subsection (a), fees for registration of radiation generating equipment and other sources of radiation and for licenses for radioactive materials shall not be required for an agency of the state or any political subdivisbn thereof.
(d) The agency may, upon application by an interested person, or on its own initiative, grant such exemptions from the requiremerits of this section as it determines are in the public interest. Applications for exemption under this paragraph may include activities such as, blit not limited to, the use of licensed materials for educational or noncommercial displays or scientific collections.
(e) When a registrant or licensee falls to pay the applicable fee, the agency may suspend or revoke the registration or license or may issue an appropriate order.
Section 11 (Surety Requirements.)
(a) For licensed activities involving source material milling, source material mill tailings, and disposal of low level radioactive waste, the agency shall, and for other classes of licensed activity the agency may, establish by rule or regulation standards and procedures to ensure that the licensee will provide an adequate surety or other financial arrangement to permit the completion of all req'airements established by the agency for the decontamination, closure, decommissioning and reclamation of sites, structures and equipment usod in conjunctior, with such licensed activity, in case the licensee should default for any reason in performing such requirements.
Comment: Acceptable sureties would include bonds issued by fidelity or surety companies authorized to do business in the sta'e. cash deposit, deposits of govemment securities, irrevocable letters or lines of credit, trust funds, escrow accounts or such other types of arrangements.
Subsection (a) can be amended. If desired to require the surety to also ensure payment of the long term care funds required by subsection (c).
.g.
r., ,
t j
Suggested State Legislation (b) All sureties required under subsection (a) which are forfeited shall be paid to the agency for deposit by the [ state treasurer) in a special fund called the [ radiation site closure and reclamation fund). All monies in thib fund are hereby appropriated and may be expended by the agency as necessary to complete such requirements on which heensees have defaulted. Monies in this fund shall not be used for normal operating expensas of the agency.
Comment: The state may want to consider ways of maximizing this fund by authorizing the fnvestment of unexpended rnonies of the fund in a manner consistent with state pokey and statutes.
(c) For licensed activities involving the disposal of source material mill teilings and disposal of low level radioactive waste the agency shall, and for other classes of licensed activity when radioactive material which will require surveillance or care is likely to remain at the site after the licensed activities cease the agency may, establish by rule or regulation standards and procedures to ensure that the licensee, before termination of the license, will make available such funding arrangements as may be necessary to provide for long-term site surveillance and care.
(d) All funds collected from licensees under subsection (c) shall be paid to the agency for deposit by the [ state treasurer)in a special fund called the [ radiation long terra care fund). All l funds accrued as interest on monies deposited in this fund are hereby appropriated and may be
) expended by the agency for the continuing long-term surveillance, maintenance and other care l of facilities from which such funds are collected as necessary for protection of the public health, safety and environment. Notwithstanding any other provisions of this subsection,if title to and custody of any radioactive material and its disposal site are transferred to the United States upon termination of any license for which funds have been collected for such long term care, the collected funds and interest accrued thereon shall be transferred to the United States.
Comment: The state may want to authorize appropriations and expenditures from this fund to carry out the purposes of subsections (c) and (d) and may want to maximize this fund by authorizing the investment and unexpended appropriated interest in a manner consistent with state pohey and statutes.
(e) The sureties or other financial arrangements and funds required by subsections (a) and (c) shall be established in amounts sufficient to ensure compliance with those standards, if any, established by the U.S. Nuclear Regulatory Commission pertaining to dosure, decommissioning, reclamation and long-term site surveillance and care of such facilities and sites.
(f) In order to provide for the proper care and surveillance of sites subject to subsection (c) and which are not subject to Section 8 or 9, the [ state)[ agency on behalf of the state) may acquire by gift or transfer from another government agency or private person, any land and appurtenances necessary to fulfill the purposes of this section. Any such gift or transfer is subject to approval and acceptance by the [ state)[ agency).
(g) The agency may by contract, agreement, lease or license with any person, including another state agency, provide for the decontamination, closure, decommissioning, reclamation, surveillance or other care of a site aubject to this section as needed to carry out the purposes of this section.
. . . . . . . . . = . . . . . . . .
P- . .
Suggested State Legislation
'1) In the event a person licensed by any governmental agency other than [ state)
[' cy) desires to transfer a site to the state for the purpose of administering or providing long erm care, a lump som deposit shall be r .Je to the [ radiation long term care fund). The amot ' of such deposit shall be determineu oy the agency taking into account the factors stated l in subsections (c) and (e) of this section. I (1) [All state, local, or c ther government agencies, shall be exempt from the requirements of subcections (a) and (c)).
Section 12. [ Inspection.) The agency or its duly authorized representatives shall have the power to enter at all reasonable times upon any private or public property for the purpose of determining whether or not there is compliance with or violation of the provisions of this act and rules and regulations issued thereunder, except that entry into areas under the jurisdiction of the federal government shall be effected only with the concurrence of the federal government or its duly designated representative.
Section 13. [ Records.} The agency is authorized to require by rule, regulation or order, the keeping of such records with respect to activities under licences and registration certificates issued under this act as may be necessary to effectuate the purposes of this set. These records shall be made ava;;able for inspection by, or copies thereof shall be submitted to, the agency on request.
Section 14. [ Federal-State Agreements. )
(a) The governor, on behalf of this state, is authorized to enter into agreements with the U.S. Nuclear Regulatory Cornmission under Section 274b of the Atomic Energy Act of 1954, as amended, providing for discontinuance of certain of the Commission's licensing and related regulatory authority with respect to byproduct, source and special nuclear materials and the assumption of regulatory authority therefore by this state.
(b) Any person who, on the effective date of an agreement under subsection (a) above, post esses a license issued by the U.S. Nuclear Regulatory Commission for radioactive materials subject to the agreement shall be deemed to possess a like license issued under this act, which shall expire either 90 days after receipt from the agency of a notice of expiration of such license, or on the date of expiration specified in the Nuclear Regulatory Commission license, whichever is earlier.
Section 15. [ Inspection Agreements and Training Programs.)
(a) The agency is authorized to enter into [, subject to the approval of the governor,) an ag* cement or agreements with the U.S. Nuclear Regulatory Commission under Section 2741 of the Atomic Energy Act of 1954, as amended, other federal govemment agencies as authorized by law, other states or interstate agencies, whereby this state will perform on a cooperative basis with the commission, other federal government agencies, other states or interstate agencies, inspections or other functions relating to control of sources of radiation.
(b) The agency may institute training programs for the purpose of qualifying personnel to carry out the provisions of this act, and may make said personnel available for participation in any program or programs of the federal government other states or interstate agencies in furtherance of the purposes of this act.
?- -
Suggested State Legie!, .,un Section 16. [Conflicibg Lawr .) Ordinances, resolutions or regulations, now or hereafter in effect, of the governing Pvjv af a municipality or county or of state agencies other than the agency [ies) named in Section 5 relating to byproduct, source and special nuclear materiels shall not be superseded by this act; provided, that such ordinances or regulations are and continue to be consistent with the provisions of this act, amendments thereto and rules and regulations thereunder.
Section 17. l Administrative Procedure and Judicial Review.)
(a) In any proceeding for the issuance or modification of rules or regulations relating to control of sources of radiation, the agency shall provide an opportunity for public participation through written comments or a public hearing.
(b) In any proceeding for the denial of an application for license or for revocation, suspension or modification or a license, the agency shall provide to the applicant or licensee an opportunity for a hearing on the record.
(c) i any proceeding for licensing ores processed primarily for their source material content ano disposal of [ byproduct material) (source material mill tailings) or for licensing disposal of low-level radioactive waste, the agency shall provide:
(1) An opportunity, after public notice, for written comments and a public hearing, with a transcript.
(2) An opportunity for cross examination.
(3) A written determination of the action to be taken which is based upon findings included in the determination and upon evidence presented during the public comment period.
(d) In any proceeding for licensing ores processed primarily for their source material content and disposal of [ byproduct material] [ source material mill tailings) or for licensing disposal of low-level radioactive waste, the agency shall prepPre, for each licensed activity which has a significant impact on the human enuronment, a written analysis of the impact of such licensed activity on the environment. The analysis shall be available to the public before the commencement of hearings held pursuant to subsection (c) and shallinclude:
(1) An assessment of the radiological and non radiologicalimpacts to the public health.
(2) An assessment of any impact on any waterway and groundwater.
(3) Consideration of Liternatives, including attemative sites and engineering methods, to the activities to be conducted.
(4) Consideration of the long term impacts, including decommissioning, decontamination and reclamation of facilities and sites associated with the licensed activities and management of any radioactive materials which will remain on the site after such decommissioning, decontamination and reclamation.
(e) The agency shall prohibit any major construction with respect to any activity for which an environmentalimpact analysis is required by subsection (d) prior to completion of such analysis.
(f) Whenever the agency finds that an emergency exists requiring immediate action to protect the public health and safety, the agency may, without notice or hearing, issue a regulation or order reciting the existence of such emergency and requiring that such action be taken as is necessary to meet the emergency. Notwithstanding any provision of this act, suct regulation or order shall be effective immediately. Any person to whom such regulation or order
?
Suggested State Legislation is directed shall comply therewith immediately, but on application to the atency shall be afforded a hearing within [ ) days. On the basis of such hearing, the emergency regulation or order shall be continued, modified or revoked within [30) days after such hearing.
(g) Any final agency action or order entered in any proceeding under subsections (a), (b), !'
(c) and (f) above shall be subject to judicial review by the [approoriate court) in the manner prescribed in [ cite appropriate state act setting out procedure for appeal.)
Section 18. [ Injunction Proceedings.) Whenever, in the judgment of the agency, any person has engaged in or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this act, or any rule, regulation or order issued thereunder, [and at j the request of the agency,) the [ attorney general) may make application to the [ appropriate i court) for an order enjoining such acts or practices, or for an order directing compliance, and upon a showing by the agency that such person has engaged or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted.
Section 19. [ Prohibited Uses.) It shall be unlawful for any person to use, manufacture, produce, distribute, sell, transport, transfer, install, repair, receive, acquire, [own,) or possess any source of radiation unless licensed by or registered with the agency in conformance with rules and regulations, if any, promulgated in accordance with the provisions of this act.
Section 20. [lmpounding ] The agency shall have tha authority in the event of an emergency to impound or order the impounding of sources of radiation in the possession of any person who is not equipped to observe or fails to observe the provisions of this act or any rules or regulations issued thereunder.
Section 21, [ Penalties.)
(a) Criminal penalties. Any person who [ willfully) violates any of the provisions of this act or rules, regulations or orders of the agency in effect pursuant thereto shall upon conviction thereof, be punished by [ fine, imprisonment, or both).
(b) Civil penalties:
(1) Any person who violates any licensing or registration provision of this act or
- any rule, regulation, or order issued thereunder, or any term, condition or limitation of any l license or registration certificate issued thereunder, or commits any violation for which a license i
or registration certificate may be revoked under rules or regulations issued under this cet may be subject to a civil penalty, to be imposed by the agency, not to exceed [ insert appropriate dollar amcunt). If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. The agency shall have the power to compromise, mitigate, or remit such penalties.
( (2) Whenever the agency proposes to subject a percon to the imposit;on of a civil penalty under the provisions of this subsection (b), it shall notify such person in writing:
(i) Setting forth the date, facts, and nature of each act or omission with which the person is charged.
(ii) Specifically identifying the particular provision or provisions of the section, rule, regulation, order, license or registration certificate involved in the violation.
13-
Suggested State Legislation (iii) Advising of each penalty which the agency proposes to impose and its amount.
Such written notice shall be sent by registered or certified mail by the agency to the last known address of such person. The person so notified shall be granted an opportunity to show in writing, within such reasonable period as the agency shall by rule or regulation prescribe, why
- such penalty should not be imposed. The notice shall also advise such person that upon failure to pay the civil penalty subsequently determined by the agency, if any, the penalty may be collected by civil action. Any person upon whom a civil penalty is imposed may appeal such action under [ state administrative procedure act).
(3) On the request of the agency, the [name appropriate state agency, e.g.,
, attorney general) is authorized to institute a civil action to collect a penalty imposed pursuant to this subsection (b). The [name appropriate state agency, e.g., attomey general) shall have the exclusive power to compromise, mitigate or remit such civil penalties as are referred to him for collection.
(4) All monies collected from civil penalties shall be paid to the [ state treasurer) for deposit in the general fund. Monles collected from civil penalties shall not be used for normal operating expenses of the [ agency) except as appropriations are made from the general fund in the normal budgetary process.
Section 22. l Authorization of Appropriations.][ Insert appropriation section.)
Section 23. [ Severability.][ Insert severability clause.)
Section 24. (Repeal.][ Insert repeal clause.)
Section 25. [ Effective Date.][ Insert effective date.)
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