ML20210K561
| ML20210K561 | |
| Person / Time | |
|---|---|
| Issue date: | 07/29/1999 |
| From: | Mcgaffigan E NRC COMMISSION (OCM) |
| To: | Vietticook A NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20210K535 | List: |
| References | |
| SECY-99-179-C, NUDOCS 9908060165 | |
| Download: ML20210K561 (6) | |
Text
0 4
NOTATION VOTE RESPONSE SHEET TO:
Annette Vietti-Cook, Secretary j
FROM:
COMMISSIONER MCGAFFIGAN i
SUBJECT:
SECY-99-179 - SECTION 274b AGREEMENT WITH THE STATE OF OHIO Approved K
Disapproved Abstain Not Participating 4
i COMMENTS:
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SIGNATURE
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I191 DATE()
U Entered on "AS" Yes X No _,_
48" e8l# Ta*
- CORRESPONDENCE PDR
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The authonty to require, in the case of a b(if any for any activity g
d.
that produces such byproduct material (which license was in effect on November 8,1981), transfei of land and material pursuant to paragraph 2.b. in this section taking into consideration the status of such material M
and land and interests therein, and the ability of the licensee to transfer title and custody thereof to the United States or the State; 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 surveillance 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 III Notwithstanding this Agreement, the Commission inay from time to time by rule, regulation, or order, require that the manufacturer, processor, or producer of any equipment, device, commodity, or other product containing source, byproduct, or special nuclear material shall not transfer possession or control of such product except pursuant to a license or an exemption from licensing issued by the Commission.
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i ATTACHMENT 1
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r The Honorable James M. Inhofe, Chairman Subcommittee on '"'an Air, Wet %ds, Private Property and Nuc ;ar Safety Committee on Environment and Public Works United States Senate l
Washington, D. C. 20510 l
Dear Mr. Chairman:
We are pleased to inform the Subcommittee that, pursuant to Section 274 of the Atomic Energy Act of 1954, as amended (Act), entitled " Cooperation With States," the Commission on 1999, approved an Agreement with the State of Ohio under which the State will assume certain i
regulatory authority over byproduct materials as defined in both Section 11e.(1) and Section 11a.(2) of the Act, source materials, and special nuclear materials in quantities not sufficient to over the land disposal of form a critical mass. The State will also assume regulatory authority /persongt: C wastes containing source, byproduct and special nuclear materials D y.
A Erx:x.#.R.,w. M:'t-;;rt 9 g e,,4, A g,n oh.f in his June 22,19h, ified that Ohio has a program for the control of th that the Commission enter into an Agreement, then Govemor y.
George V. Voinovicrrcert associated with the matenals covered by the Agreement which is adequate to protect public health and safety. Govemor Voinovich further certified that the State desires to assume the regulatory responsibility for such materials.
L The proposed Agreement, along with a summary of the NRC staff assessment of the proposed Ohio program, was published in the Federal.Rggigt, for public comment as required by Section 274e of the Act. Copies of the proposal and supportirig documentation were made available for l
inspection at the Commission's Public Document Room.
The Commission has determined that the Ohio program for the regulation of agre ment materials is compatible with the Commission's equivalent program, and adequate to protect public health and safety with respect to the materials covered by the Agreement.yNRC staff will y
conduct periodic reviews of the Ohio program to ensure that the terms of the Agreement
- l rem.
.r4ehk one 19 Inafene.ls lice 4ces A tluA.i u< bin ' fed eal continue to be met. NPC l
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Dennis K. Rathbun, Director Office of Congressional Affairs cc-Senator Bob Graham i
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OPA DRAFT (Source: OSP Request )
NRC APPROVES OHIO AGREEMENT TO REGULATE USE OF CERTAIN RADIOACTIVE MATERIALS N
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t The Nuclear Reculatory Commission (p has approved an agreement which allows the state y
of Ohio to assume part of NRC's regulatory authority over the use of certain radioactive f p, ops,a e, pia materials. Thragreement was published in the Federal Register 4n' March an4)will become y
H isai M geur unseMire Oc k j
effective (date).
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- Under the agreement, NRC will transfer to Ohio the responsibility for licensing, Tb,agreewd rulemaking, inspection and enforcement conceminhth; a:: (1) r2d!c20th materials rucle_
o,u.s ese..s w w.n n-pua ren am sua. (w. -lus mypon.;
-reduced :: byproduct; cf t5: Oper:tica ci au;leer i;;;tcr;"C.. uranium and thorium source
- (3 materials; and sm2!! que,misw= uiiissivua' vin maianab
/C. Spa stl nutte er v Mo** I is u&kes Atd Skt.ed S Nk 'G'"*""'
I shoochve asic s The agreement also allows the state to regulate the land disposal of radioactive waste y
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g and to conduct safety evaluations'of sealed radioactive sources and devices for medical and industrial use.
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Approximately 574 current NRC licenses, most of them for rnedical and industrial uses, will be transferred to Ohio's jurisdiction. The Ohio Department of Health will administer the 0 b^
regulatory program.
g(lC AIl py.ln l9 realensk lkute S, theIueblc Veleek (takes ud tyeq7 p.cyul.$cn..L nlMen,
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4,RC will continue to have regulatory jurisdiction over the Davis-Besse and Perry nuclear N
x power plants near Toledo and Painesville, Ohihand dthe U.S. Enrichment Corporation's x
uranium enrichmentfacility near Portsmouth, Ohio. NR C 4t (poe) nuetu r -lseilikes y.has. n th fe res\\ L A M o
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,z 7, Y n < r. elm ' W. k m e d e M b)rcb bye"/~ b en c e ve., to be.self-ul hw Doe.
The NRC has determined that the state's radiation control gram is adequate to protect public health and safety and is compatible with the agency's own program for regulating the radioactive materials covered in the agreement.
Ohio becomes the 31" state to sign such an agreement with NRC. Other states which have previously assumed this authority are: Alabama, Arizona, Arkansas, Califomia, Colorado, Florida, Georgia, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Mississippi, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Maine, Oregon, Rhode Island, South Carolina, Tennessee, Texas, Utah and Washington. kest oner 9&iet a re in va ricu s % es d Gh '] d g("* '^b fenu Im;(, Ck khw M,k^esob, and Wiremsin w ilk t4 C, Ye 4 ( e.
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G:\\RLB%ttachment 6 - press release OHIO 3.WPD ATTACHMENT S
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The d' aft Agreement was published in the Federal Rooister for comNnt once a week for four r
consecutive weeks (see, e.g. 64 FR 12187, March 11,1999) as required by the Act. The public comment period ended on April 12,1999. A total of 25 comment letters were received and were considered by the NRC staff. After considering the comments, the request for an Agreement by l
the Govemor of Ohio, the supporting documentation submitted with the request for an Agreement, and its interactions with the staff of the Ohio Department of Health, Bureau of Radiological Health, the NRC staff completed an assessment of the Ohio program. Based on the staffs assessment, the Commission determined on
,_,1999, that the proposed Ohio program for the control of radiation hazards is adequate to protect public health and safe nd y
%n 2d M kcompatible with the Commission's program. NEC *Mf'b'&'i5h(D c*'
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1.cc.nsu incu.gcA,,al hides ud wp chthbdhb. MM$ @ dil refd. fuisdi @ q ewde n, paa r p)*^W ne,r Tote p/begascusdhsb y dot w p ad %e Copies of the comment analysis by the NRC staff, the staff assessment, and the Commissio decision may be viewed at the NRC website,http://www.nrc.oov.
1 (The text of the Agreement is contained in Attachment 1. It will be added here when the notice is submitted to the Federal Register.)
Dated at Rockville, Maryland, this day of
.1999.
i l
For the U. S. Nuclear Regulatory Com:nission.
l l
Annette L Vietti-Cook Secretary of the Commission GARLB%ttachment 7 - FRN of Agreement.wpd ATTACHMENT 7 1.