ML20204D405

Forwards Notice Entitled, Notice of Proposed Agreement with State of Ohio, for Publication in Federal Register

ML20204D405
Person / Time
Issue date:	02/25/1999
From:	Lohaus P NRC OFFICE OF STATE PROGRAMS (OSP)
To:	Meyer D NRC OFFICE OF ADMINISTRATION (ADM)
References
NUDOCS 9903240214
Download: ML20204D405 (20)

Text

., ll (e, FEB 2S 1999 MEMORANDUM TO: David L. Meyer, Chief Rules and Directives Branch Division of Administrative Services Office of Administration i

FROM: Paul Lohaus, Director "I'*1 cisnod by:

Office of State Programs v#' D oider i

SUBJECT:

FEDERAL REGISTER NOTICE Attached is the following notice for publication in the Federal Reaister:

" Notice of Proposed Agreement with the State of Ohio" We request that the notice be published as soon as possible. The Atomic Energy Act requires that the notice be published once each week for four consecutive weeks. A 30-day comment period, commencing on the date of the first publication, should be specified.

If you have any questions or if any problems develop, please contact Mr. Richard Blanton of my staff at 415-2322.

Attachments: l Federal Register Notice .

(4 Original Notices l i

'.<ith Diskettes) l

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DOCUMENT NAME: G:\RLB\OHIOFR.WPD Fed. Reg. Notice G:\RLB\0HFRN.WPD T3 receive e copy of thle document. Indicate in the box: "C" = Copy without attachment / enclosure "E" = Copy with attachment / enclosure *N' = No copy OFFICE OSP mg OSP:D ,l -l l l NAME RLBlanton:kkfb PHLohaushi9%u DATE 02tS79 F 02/4 /99 "Y OSP FILE CODE: SP-NA-15 "5 9N 2400Cggggg31ECOPY

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putou y & UNITED STATES

, o B NUCLEAR REGULATORY COMMISSION f WASHINGTON, D.C. 3066H001

1. February 25, 1999 l

MEMORANDUM TO: David L. Meyer, Chief Rules and Directives Branch Division of Administrative Services Office of Administration Paul Lohaus, Director W p ~ Sch c' FROM:

Office of State Programs N

SUBJECT:

FEDERAL REGISTER NOTICE Attached is the following notice for publication in the Federal Realster:

" Notice of Proposed Agreement with the State of Ohio" We request that the notice be published as soon as possible. The Atomic Energy Act requires l that the notice be published once each week for four consecutive weeks. A 30-day comment .

period, commencing on the date of the first publication, should be specified. {

if you have any questions or if any problems develop, please contact Mr. Richard Blanton of my staff at 415-2322.

Attachments:

Federal Register Notice (4 Original Notices l l

with Diskettes)

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[7590-01]

, NUCLEAR REGULAT6RY COMMISSION l

i i State of Ohio: NRC Staff Assessment of a Proposed Agreement Between the Nuclear Regulatory Commission and the State of Ohio.

AGENCY: Nuclear Regulatory Commission.

l- ' ACTION: Notice of a propcsed Agreement with the State of Ohio.

SUMMARY

By letter dated June 22,1998, former Governor George V. Voinovich of Ohio

. requested that the U. S. Nuclear Regulatory Commission (NRC) enter into an Agreement with the State as authorized by Section 274 of the Atomic Energy Act of 1954, as amended (Act).

Under the proposed Agreement, the Commission would give up, and Ohio would take over, l portions of the Commission's regulatory authority exercised within the State. As required by the Act, NRC is publishing the proposed Agreement ior public comment. NRC is also publishing the summary of an assessment by the NRC staff of the Ohio regulatory program. ' Comments are requested on the proposed Agreement, especially its effect on public health and safety.

Comments are also requested on the NRC staff assessment, the adequacy of the Ohio program staff, and the State's commitments concerning the program staff, as discussed in this notice.-

The proposed Agreement would release (exempt) persons who possess or use certain radioactive materials in Ohio from portions of the Commission's regulatory authority. The Act requires that NRC publish those exemptions. Notice is hereby given that the pertinent exemptions have been previously published in the Federal Reaister and are codified in the

-- Commission's regulations as 10 CFR Part 150.

DATES: The comment period expires (30 days after the first publication). Comments received L - after this date will be considered if it is practical to do so, but the Commission cannot assure consideration of comments received after the expiration date.

f-ADDRESSES: Written comments may be submitted to Mr. David L. Meyer, Chief, Rules and 1

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Directives Branch, Division of Administrative Services, Office of Administration, Washington, DC 20555-0001. Copies of comments received by NRC may be examined at the NRC Public Document Room,2120 L Street, NW. (Lower Level), Washington, DC. Copies of the proposed Agreement, copies of the request for an Agreement by the Governor of Ohio including all information and documentation submitted in support of the request, and copies of the full text of the NRC staff assessment are also available for public inspection in the NRC's Public Document Room.

FOR FURTHER INFORMATION CONTACT: Richard L. Blanton, Office of State Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Telephone (301) 415-2322 or e-mail rib @nrc. gov.

SUPPLEMENTARY INFORMATION: Since Section 274 of the Act was added in 1959, the Commission has entered into Agreements with 30 States. The Agreement States currently regulate approximately 16,000 agreement material licenses, while NRC regulates approximately 5800 licenses. Under the proposed Agreement, approximately 550 NRC licenses will transfer to Ohio. NRC periodically reviews the performance of the Agreement States to assure compliance with the provisions of Section 274.

Section 274e requires that the terms of the proposed Agreement be published in the Federal Reaister for public comment once each week for four consecutive weeks. This notice is being published in fulfillment of the requirement.

l. Background (a) Section 274d of the Act provides the mechanism for a State to assume regulatory authority, from the NRC, over certain radioactive materials' and activities that involve use of the materials. In a letter dated June 22,1998, Governor Voinovich certified that the State of Ohio has a program for the control of radiation hazards that is adequate to protect public health and

'The radioactive materials, sometimes referred to as " agreement materials," are: (a) byproduct materials as defined in Section 11e.(1) of the Act; (b) byproduct materials as defined in Section 11e (2) of the Act; (c) source

(- materials as defined in Section 11z. of the Act; and (d) special nuclear materials as defir ed in Section 11aa. of the Act, restricted to quantities not sufficient to form a critical mass.

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safety within Ohio for the materials and activities specified in the proposed Agreement, and that the State desires to assume regulatory responsibility for these materials and activities. Included l with the letter was the text of the proposed Agreement, which is shown in Appendix A to this notice.

The radioactive materials and activities (which together are usually referred to as the

" categories of materials") which the State of Ohio requests authority over are: (1) the possession and use of byproduct materials as defined in Section 11e.(1) of the Act; (2) the e

generation, possession, use, and disposal of byproduct materials as defined in Section 11e.(2) of the Act; (3) the possession and use of source materials; (4) the possession and use of special nuclear materials in quantities not sufficient to form a critical mass; (5) the regulation of the land disposal of byproduct materials as defined in Section 11e.(1) of the Act, source, or special nuclear waste materials received from other persons; and (6) the evaluation of radiation safety information on sealed sources or devices containing byproduct materials as defined in Section 11e.(1) of the Act, source, or special nuclear materials and the registration of the

- sealed sources or devices for distribution, as provided for in regulations or orders of the Commission.

(b) The proposed Agreement contains articles that:

l -- Specify the materials and activities over which authority is transferred;

-- Specify the activities over which the Commission will retain regulatory authority;

-- Continue the authority of the Commission to safeguard nuclear materials and restricted data; l -- Commit the State of Ohio and NRC to exchange information as necessary to maintain coordinated and compatible programs;

-- Provide for the reciprocal recognition of licenses;  ;

l -- Provide for the suspension or termination of the Agreement;

- Provide for the transfer of any financial surety funds collected by Ohio for reclamation or long-l term surveillance of sites for the disposal of byproduct materials (as defined in Section 11e.(2) of the Act) to the United States if custody of the material and the disposal site are transferred; and

-- Specify the effective date of the proposed Agreement. The Commission reserves the option to modify the terms of the proposed Agreement in response to comments, to correct errors, and 3

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to make editorial changes. The final text of the Agreement, with the effective date, will be published after the Agreement is approved by the Commission, and signed by the Chairman of the Commission and the Governor of Ohio.

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(c) Ohio currently regulates the users of naturally-occurring and accelerator-produced radioactive materials. The regulatory program is authorized by law in Section 3748 of the Ohio Revised Code. Subsection 3748.03 provides the authority for the Governor a entor into an Agreement with the Commission.

Ohio law contains provisions for the orderly transfer of regulatory authority over affected licensees from NRC to the State. After the effective date of the Agreement, licenses issued by )

NRC would continue in effect as Ohio licenses until the licenses expire or are replaced by State issued licenses. NRC licenses transferred to Ohio which contain requirements for decommissioning and express an intent to terminate the license when decommissioning has been completed in accordance with a Commission approved decommissioning plan will I continue as Ohio licenses and will be terminated by Ohio when the Commission approved l

- decommissioning plan has been completed.

l (d) As described below, the proposed Agreement will be signed only after the fulfillment I I

of commitments by Ohio to hire, train, and qualify a sufficient number of professional / technical staff. Contingent on the fulfilment of these commitments, the NRC staff assessment finds that J the Ohio program is adequate to orotect public health and safety, and is compatible with the i, NRC program for the regulation of agreement materials.

i ll. Summary of the NRC StaN Assessment of the Ohio Program for the Control of i Agreement Materials 4 l

NRC staff has examined the Ohio request for an Agre:., ment with respect to the ability of the radiation control program to regulate agreement materials. The examination was based on the Commission's policy staten ent " Criteria for Guidance of States and NRC in Discontinuanca j of NRC Reaulatory Authority and Assumption Thereof by States Throuah Aareement"(referred i to herein as the "NRC criteria") (46 FR 7540; Jariuary 23,1981, as amended).

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! (a) Organization and Personnel. The agreement materials program will be located within the existing Burean of Radiation Protection (Bureau) of the Ohio Department of Health.

The program will be responsible for all regulatory activities related to the proposed Agreement.

The educational' requirements for the Bureau staff members are specified in the Ohio State personnel position descriptions, and meet the NRC criteria with respect to formal education or combined education and experience requirements. All current staff members hold at least bachelor's degrees in physical or life sciences, or have a combination of education and experience at least equivalent to a bachelor's degree. Several staff members hold advanced degrees, and all staff members have had additional training plus working experience in radiation protection. Supervisory level staff have more than ten years working experience each .

in radiation protection.-The-Bureau chief has a bachelor's degree in physics and 15 years - .

-exponence1rrregDiator)rheatttrphysicsr I The Bureau currently has staff vacancies, which it is actively recruiting to fill. In response to NRC comments, the Bureau performed, and NRC staff reviewed, an analysis of the expected Bureau workload under the proposed Agreement. Based on the analysis, Ohio has made three commitments. First, the Bureau will employ a staff of at least 21 full-time professional / technical employees for the agreement materials program. Second, the distribution of the qualifications of the individual staff members will be balanced to the i distribution of categories of licensees transferred from NRC. For example, there will be enough inspectors trained and qualified to inspect industrial radiography operations that the r.ogram

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will be able to inspect all of the industrial radiography licensees transferred from NRC without j developing a backlog of overdue inspections. Third, each individual on the staff will be qualified in accordance with the Bureau's training and qualification procedure (including use of interim qualification) to function in the areas of responsibility to which the individual is assigned. In the case of individuals assigned to review radiation safety information on sealed sources or devices containing byproduct materiale as defined in Section 11e.(1) of the Act, source, or special nuclear materials, this commitment includee assuring that the individuals will be able to:

- Understand and interpret, if necessary, appropriate prototype tests that ensure the integrity of the products under normal, and likely accidental, conditions of use,

- Understand and interpret test results,  ;

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-- Read and understand blueprints and drawings,-

-- Understand how the device works and how safety features operate,

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- Understand and apply appropriate regulations,

-- Understand the conditions of use, ,

- Understand extemal dose rates, source activities,'and nuclide chemical form, and

- Understand and utilize basic knowledge of engineering materials and their properties.

(b) Legislation and Regulations. The Onio Department of Health is designated by law in

' Chapter 3748 of the Ohio Revised Code to be the radiation control agency. The law provides

. the Department the authority to issue licenses, issue orders, conduct inspections, and to enforce compliance with regulations, license conditions, and orders. Licensees are required to provide access to inspectors. The Public Health Council is authorized to promulgate regulations.

The law requires the Public Health Council to adopt rules that are compatible with the equivalent NRC regulations and that are equally stringent to, or to the extent practicable more stringent than, the equivalent NRC regulations. The Council has adopted, by reference, the NRC regulations in Title 10 of the Code of Federal Regulations that were in effect on October 19,1998. The adoption by reference is contained in Chapter 3701-39-021 of the Ohio l

Administrative Code (OAC). The Board of Health has extended the effect of the rules, where appropriate, to apply to naturally occurring radioactive materials and to radioactive materials  :

- produced in particle accelerators, in addition to agreement materials.

Ohio rule 3701-39-021 (A) specifies that refe ences to the NRC shall be construed as

- references to the Director of the Department of Hechh. It is noted, however, that Ohio has adopted most of the NRC regulations as entire Parts, including sections that address regulatory matters reserved to the Commission. Ohio has adopted a provision in Rule 3701-39-021 (A)

. excepting such sections from being construed as enforced by the Director of the Department of Health. The OAC also contains a provision to avoid interference with licensees when they are complying with regulatory requirements which the Act specifies NRC must enforce and when they are complying with NRC regulatory requirements from which the State licenset;s have not been exempted by the proposed Agreement. The NRC staff concludes that Ohio will not attempt to enforce the regulatory matters reserved to the Commission. In accordance with 6

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NRC Management Directive 5.9," Adequacy and Compatibility of Agreement State Programs,"

this approach is considered compatible.

The NRC staff review verified that the Ohio rules contain all of the provisions that are necessary in order to be compatible with the regulations cf the NRC on the effective date of the l

Agreement between the State and the Commission. The adoption of the NRC regJiations by ,

reference assures that the standards will be uniform. I l

The Ohio regulations are different from the NRC regulations with respect to the decommissioning of a licensed facility and the termination of the license. Current NRC I regulations permit a license io be terminated when the facility has been decommissioned, i.e.,

cleaned of radioactive contamination, such that the residual radiation will not cause a total effective dose equivalent greater than 25 millirem per year to an average member of the group of individuals reasonably expected to receive the greatest exposure. Normally, the NRC regulations reqc. ire that the 25 millirem dose constraint be met without imposing any restrictions regarding the future use of the land or buildings of the facility (" unrestricted release"). Under certain circumstances, NRC regulations in 10 CFR Part 20, Subpart E, allow a license to be terminated if the 25 millirem dose constraint is met wnh restrictions on the future use (" restricted release"). Ohio law does not allow a license to be terminated under restricted release. Ohio will instead issue special " decommissioning-possession only" licenses as an alternative to

. license termination under restricted release. The Commission has concluded that Ohio's approach, although different, is compatible.

(c) Storage and Disposal. Ohio has also adopted, by reference, the NRC requirements for the storage of radioactive material, and for the disposal of radioactive mate.ial as waste.

The waste disposal requirements cover both the disposal of waste generated by the licensee and the disposal of waste generated by and received from other persons.

(d) Transportation of Radioactive Material. Ohio has adopted the NRC regulations in 10 CFR Part 71 by reference. Part 71 contains the requirements licensees must follow when preparing packages containing radioactive material for transport. Part 71 also contains requirements related to the licensing of packaging for use in transporting radioactive materials.

Ohio will not attempt to enforce portions of the regulations related to activities, such as 7

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approving packaging designs, which are reserved to NRC.

(e) Recordkeeping andIncident Reporting. Ohio has adopted, by reference, the sections of the NRC regulations which specify requirements for licensees to keep records, and to report incidents or accidents involving materials.

(f) Evaluation of License Applications. Ohio has adopted, by reference, the NRC regulations that specify the requirements which a person must meet in order to get a license to possess or use radioactive materials. Ohio has also developed a licensing procedures manual,  !

along with the accompanying regulatory guides, which are adapted from similar NRC documents and contain guidance for the program staff when evaluating licents applications.

(g) Inspections and Enforcement. The Ohio radiation control program has adopted a schedule providing for the inspection of licensees as frequently as, or more frequently than, the  ;

i inspection schedule used by NRC. The program has adopted procedures for the conduct of j inspections, the reporting of inspection findings, and the report of inspection results to the l licensees. The program has also adopted, by rule in the OAC, procedures for the enforcement of regulatory requirements.

l (h) Regulatory Administration. The Ohio Department of Health is bound by requirements specified in State law for rulemaking, issuing licenses, and taking enforcement

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i actions. The program has also adopted administrative procedures to assure fair and impartial treatment of license applicants. Ohio law prescribes standards of ethical conduct for State employees.

(i) Cooperation with Other Agencies. Ohio law deems the holder of an NRC license on the effective date of the proposed Agreement to possess a like license issued by Ohio. The law provides that these former NRC licenses will expire either 90 days after receipt from the j radiation control program of a notice of expiration of such license or on the date of expiration specified in the NRC license, wh'.chever is later. In the case of NRC licenses that are

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terminated under restricted conditions pursuant to 10 CFR 20.1403 prior to the effective date of the proposed Agreement, Ohio deems the termination to be final despite any other provisions of State law or rule. For NRC licenses that, on the effective date of the proposed Agreement, j 8 I l

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contain a license condition indicating intent to terminate the license upon completion of a Commission approved decomntissioning plan, the transferred license will be terminated by Ohio in accordance with the plan so long as the licensee conforms to the approved plan.

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. Ohio also provides for " timely renewal." This provision affords the continuance of licenses for which an application for renewal has been filed more than 30 days prior to the date j of expiration of the license. NRC licenses transferred while in timely renewal are included

i. under the continuation provision. The OAC provides exemptions from the State's requimments for licensing of sources of radiation for NRC and U.S. Department of Energy contractors or subcontractors.

The proposed Agreement commits Ohio to use its best efforts to cooperate with the NRC and the other Agreement States in the formulation of standards and regulatory programs for the protection against hazards of radiation and to assure that Ohio's program will continue to be compatible with the Commission's program for the regulation of agreement materials. The proposed Agreement stipulates the desirability of reciprocal recognition of licenses, and commits the Commission and Ohio to use their best efforts to accord such reciprocity.

111. Staff Conclusion Subsection 274d of the Act provides that the Commission shall enter into an agreement under subsection 274b with any State if:

(a) The Governor of the State certifies that the State has a program for the control of radiation hazards adequate to protect public health and safety with respect to the agreement materials within the State, and that the State de :+s to assume regulatory responsibility for the agreement materials; and (b) The Commission finds that the State program is in accordance with the requirements of Subsection 274o, and in all other respects compatible with the Commission's program for the regulation of materials, and that the State program is adequate to protect public health and safety with respect to the materials covered by the proposed Agreement.

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p e e On the basis of its assessment, the NRC staff concludes that the State of Ohio meets the requirements of the Act, conditioned on completion of the commitments made in regard to the program staff. The State's prt gram, as defined by its statutes, regulations, personnel, licensing, inspection, and administrative precedures, is compatible with the program of the Commission and adequate to protect public health and safety with respect to the materials covered by the proposed Agreement.

NRC will continue the formal processing of the proposed Agreement, however, the signing of the Agreement will be contingent upon the Bureau's completion of the staffing commitments.

IV. Small Business Regulator;* Enforcement Fairness Act in accordance with the Small Business Regulatory Enforcement Fairness Act of 1996, the NRC has determined that this action is not a major rule and has verified this deteimination with the Office of Information and Regulatory Affairs of the Office of Management and Budget (OMB).

Dated at Rockville, Maryland, this _ day of .1999.

For the Nuclear Regulatory Commission.

Annette vietti-Cook Secretary of the Commission 10

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T AN AGREEMENT

BETWEEN .

l- THE UNITED STATES NUCLEAR REGULATORY COMMISSION AND

- THE STATE OF OHIO FOR THE DISCONTINUANCE OF CERTAIN COMMISSION REGULATORY AUTHORITY

. AND RESPONSIBILITY WITHIN THE STATE PURSUANT TO

. SECTION 274 OF THE ATOMIC ENERGY ACT OF 1954, AS AMENDED Whereas, The' United' States Nuclear Regulatory Commission (hereinafter referred to as the Commission) is authorized under Section 274 of the Atomic Energy Act of 1954, as amended -

(hereinafter referred to as the Act), to enter into agreeme.nts 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 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 Govemor of the State of Ohio is authorized under Chapter 3748. of the Ohio 1 Revised Code to enter into this Agreement with the Commission; and, i

1Whereas, The Governor of the State of Ohio certified on June 22,1998, that the State of Ohio (hereinafter referred to as the State) has a program for the control of radiation hazards adequate to protect the health and safety of the public and to protect the environment with L respect to the materials within the State covered by this Agreement, and that the State desires to assume regulatory responsibility for such materials; and, Whereas, The Commission found on (date to be' determined) that the program of the State for the regulation of the materials covered by this Agreement is compatible with the Commissica's -

program for the regulation of such materials and is adequate to protect public health and safety; and, i

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l r Whereas, The State and the Commission recognize the desirability and importance of cooperation between the Commission and the State in the formulation of standards for 1 protection against hazards of radiation and in assuring that State and Commission programs for protection against hazards of radiation will be coordinated and compatible; and, Whereas, The Commission and the State recognize the desirability of reciprocal recognition of licenses, and of the granting of limited exemptions from licensing of those materials subject to this Agreement; and, Whereas,'This Agreement is entered into pursuant to the provisions of the Atomic Energy Act of 1954, as amended; Now Therefore, it is hereby agreed between the Commission and the Governor of the State of Ohio, acting in behalf of the State, as follows:

Article I Subject to the exceptions provided in Articles 11, N, 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 materials:

1. Byproduct materials as defined in Section 11e.(1) of the Act; 2._ Byproduct materials as defined in Section 11e.(2) of the Act;

3. Source materisis;

4. Special nuclear materials in quantities not sufficient to form a critical mass; I

5. The regulation of the land disposal of byproduct, source, or special nuclear waste materials received from other persons; and, 4

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6. The evaluation of radiation safety information on sealed sources or devices containing byproduct, source, or special nuclear maierials and the registration of the sealed sources or devices for distribution, as provided for la regulations or orders of the Commission.

Article II A. This Agreement does not provide for discontinuance of any authority and the Commission shall retain authority and responsibility with respect to:

1. The regulation of the construction and operation of any production or utilization facility or any uranium enrichment facility;

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

3. The regulation of the disposal into the ocean or sea of byproduct, source, cr special nuclear waste materials as defined in the regulations or orders of the Commission;

4. The regulation of the disposal of such other byproduct, source, or special nuclear material as the Commission from time to time determines by regulation or order should, because of the hazards or potential hazards thereof, not be so disposed without a license from the Commission.

B. Notwithstanding this Agreement, the Commission retains the following authorities pertaining to byproduct material as defined in Section 11e.(2) of the Atomic Energy Act:

1. Prior to the termination of a State license for such byproduct material, or for any l l 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.

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2. The Commission reserves the authority to establish minimum standards governing reclamation, long-term surveillance or maintenance, and ownership of such byproduct material and of land used as a disposal site for such material.

Such reserved authority includes:

a. The authority to establish terms and conditions as the Commission determines necessary to assure that, prior to termination of any license for such byproduct material, or for any activity that results in the production of such material, the licensee shall comply with decontamination, decommissioning, and reclamation standards prescribed by the Commission; and with ownership requirements for such materials and its disposal site; l

b. The authority to require that prior to termination of any license for such byproduct material or for any activity that rWJlts in the production of such material, title to such byprcduct material and its disposal site be transferred to the United States or the State at tN option of the State (provided such option is exercised prior to termination of the license);

c. 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 I paragraph 2.b. In this section in a manner consistent with the provisions

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of the Uranium Mill Tailings Radiation Control Act of 1978, provided that the Commission determines that such use would not endanger public health, safety, welfare, or the environment;

d. The authority to require, in the case of a license, if any, for any activity that produces such byproda. material (which license was in effect on November 8,1981), transfer of land and material pursuant to paragraph 2.b. In this section taking into consideration the status of such material and land and interests therein, and the ability of the licensee to transfer title and custody thereof to the United States or the State; 14

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e. The authority to require the Secretary of the Department of Energy, other Federal agency, or State, whichever has custody of such byproduct material and its disposal site, to undertake such monitoring, maintenance, and emergency measures as are necessary to protect public health and safety, and other actions as the Commission deems necessary; and

- f. The authority to enter into arrangements as may be appropriate to assure Federal long-term surveil!ance or maintenance of such 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 subject to a restriction against alienation imposed by the United States.

Article ill Notwithstanding this Agreement, the Commission may from time to time by rule, regulation, or

-l' crder, require that the manufacturer, processor, or producer of any equipment, device, commodity, or other product containing source, byproduct, or special nuclear material shall not .

I transfer possession or control of such product except pursuant to a license or an exemption j from licensing issued by the Commission. ]

Article IV This Agreement shall not affect the authority of the Commission under Subsection 161b or 1611 of the Act to issue rules, regulations, or orders to protect the common defense and security, to protect restricted data or to guard against the loss or diversion of special nuclear material.

Article V The Commission will 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 i

. hazards of radiation and to assure that State and Commission programs for protection against hazards of radiation will be coordinated and compatible. The State agrees to cooperate with the Commission and other Agreement States in the formulation of standards and regulatory  ;

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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 materials covered by this Agreement.

The State and the Commission agree to keep each other informed of proposed changes in their respective rules and regulations, and to provide each other the opportunity for early and substantive contribution to the proposed changes.

The State and the Commission agree to keep each other informed of events, accidents, and licensee performance that may have generic implication or otherwise be of regulatory interest.

' Article VI The Commission and the State agree that it is desirable to provide reciprocal recognition of licenses for the materials listed in Article I licensed by the other party or by any other Agreement State. Accordingly, the Commission and the State agree to develop appropriate rules, regulations, and procedures by which such reciprocity will be accorded.

Article VII 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 this Agreement and reassert the licensing and regulatory authority vested in it under the Act if

- the Commission finds that (1) such termination or suspension is required to protect public health and safety, or (2) the 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 actions taken by the State under this Agreement to ensure compliance with Section 274 of the Act which requires a State program to be adequate to protect public health and safety with respect to the materials covered by this Agreement and to be compatible with the Commission's program.

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Article Vill in the licensing and regulation of byproduct material as defined in Section 11e.(2) of the Act, or of any activity which results in production of such material, the Stats shall comply with the provisions of Section 274o of the Act. ;lf in such licensing and regulation, the State requires financial surety arrangements for reclamation or long-term surveillance and maintenance of such material, .

A. ' The total amount of funds the State collects for such purposes shall be transferred to the United States if custody of such material and its disposal site is transferred to the United States upon termination of the State license for such material or any activity which results in the production of such material. Such funds include but are not limited to, sums collected for long-term surveillance or 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; and l

B. Such surety or other financial requirements must be sufficient to ensure compliance 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.

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' Article IX This Agreement shall become effective on July 22,1999, and shall remain in effect unless and

. until such time as it is terminated pursuant to Article Vill.

Done at Columbus, Ohio this (date to be determined).

FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION i

. Chairman FOR THE STATE OF OHIO

. Governor l

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