ML20212D202
| ML20212D202 | |
| Person / Time | |
|---|---|
| Issue date: | 12/24/1986 |
| From: | Lubenau J NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | NRC OFFICE OF ADMINISTRATION (ADM) |
| Shared Package | |
| ML20212D207 | List: |
| References | |
| NUDOCS 8612310317 | |
| Download: ML20212D202 (1) | |
Text
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UNITED STATES g.
4 NUCLEAR REGULATORY COMMISSION s
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DEC 2 41986 MEMORANDUM FOR: Document Control Desk FROM:
Joel 0. Lubenau Senior Project Manager State Agreements Program Office of State Programs
SUBJECT:
DOCUMENT FOR PLACEMENT IN POR The Federal Register will shortly publish a notice concerning a request for Governor Thompson, Illinois to NRC for a Section 274b Agreement.
The request is supported by a description of the Illinois Radiological HealthProgram(Enclosure). Please place the enclosure in the PDR to be available for public examination. Additional copies will be available for public examination at the NRC Region III Office in Glen Ellyn, IL (the office has been furnished a copy for this purpose) and the Office of the Illinois Department of Nuclear Safety, Springfield, Illinois.
O g'<
oel 0. Lubenau
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Senior Project Manager l
State Agreements Progran Office of State Programs
Enclosure:
As stated k
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. s STATE or ILLINOIS Orrnou or Tan Govauxon SPRINGFIELD 62706 J Auts R. TMoupsome October 2, 1986 o..
4 The Honorable Lando W. Zech, Jr.
4 Chairman U.S. Nuclear Regulatory Commission j
Washington, D.C. 20555
Dear Mr. Chairman:
l By this letter I request establishment of an Agreement between the U.S.
i Nuclear Regulatory Commission (NRC) and the State of Illinois, as authorized
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under Section 274b of the Atomic Energy Act of 1954, as amended, under which j
the NRC will discontinue and the State of Illinois will assume certain j
regulatory authority for radioactive materials now under Federal i
jurisdiction.
I am authorized by the Illinois Radiation Protection Act (Ill.
Rev. Stat.
1983, ch.
111 1/2, par.
216b) and the Illinois Low-Level Radioactive Waste Management Act (1984 Supp. to Ill. Rev. Stat.1983, ch.111 1/2, par. 241-19) to enter into such an Agreement with NRC.
The specific regulatory authority requested at this time is for:
i a.
Byproduct material as defined in Section 11e(1) of the Atomic Energy i
Act of 1954, as amended; i
b.
Source materials; l
c.
Special nuclear materials in quantities not sufficient to form a l
critical mass; and, i
l d.
Land disposal of source, byproduct and special nuclear material received from other persons.
I certify that the State of Illinois has a program for the control of radiation hazards adequate to protect the public health and safety with respect to the materials within the State covered by the proposed agreement.
and that the State desires to assume regulatory responsibility for such materials.
In support of this proposal, I am submitting detailed information i
describing the State's radiation control program and regulatory capabilities j
and a copy of the State's radiation control regulations.
h i
A Page Two Agreement State October 2,1986 At this time, the State does not wish to assume authority over uranium milling activities.
The State, however, reserves the right to apply at a future date
.to NRC for an amended Agreement to assume authority in this area,
, Since y,
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ames
. Thompson GOVERNOR
i 4
AGREEMENT BETWEEN THE UNITED STATES NUCLEAR REGULATORY COMISSION i
AND THE STATE OF ILLIN0!$ FOR DISCONTINUANCE OF CERTAIN COMISSION REGULATORY AUTHORITY AND RESPONSIBILITY WITHIN THE STATE PURSUANT TO SECTION 274 0F THE ATOMIC ENERGY ACT OF 1954, AS AMENDED
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WHEREAS, the United States Nuclear Regulatory Commission (hereinafter referred to as the Commission) is authorized under Section 274 of the Atomic Energy Act of 1954, as amended (hereinafter referred to as the Act), to enter into agreements with the Governor of any State providing for discontinuance of the regulatory authority of the Commission within the State under Chapters 6, 7 and 8, and Section 161 of the Act with respect to byproduct materials as defined in Sections 11e.(1) and (2) of the Act, source materials and special nuclear materials in quantities not sufficient to form a critical mass; and, WHEREAS, the Governor of the State of Illinois is authorized under Illinois Revised Statutes, 1985, ch. 111 1/2, par. 216b and ch. 111 1/2, par.
241-19 to enter into this Agreement with the Commission; and, WHEREAS, the Governor of the State of Illinois certified on that the State of Illinois (hereinafter referred to as the State) has a program for the control of radiation hazards adequate to protect the public health and safety with respect to the materials within the State covered by this Agreement, and that the State desires to assume regulatory responsibility for such materials; and, WHEREAS, the Commission found on that the program of the State for the regulation of the materials covered by this Agreement is compatible with the Commission's program for the regulation of such materials and is adequate to protect the public health and safety; and, 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 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 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, acting in behalf of the State as follows:
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ARTICLE I Subject to the exceptions provided in Articles II, IV and V, the Comission shall discontinue, as of the effective date of this Agreement, the regulatory authority of the Comission in the State under Chapters 6, 7 and 8, and Section 161 of the Act with resoect to the following:
A.
Byproduct material as defined in section 11e.(1) of the Act:
B.
Source materials; C.
Special nuclear materials in quantities not sufficient to form a critical mass; and.
D.
The land disposal of source, byproduct and special nuclear material received from other persons.
ARTICLE II This Agreement does not provide for discontinuance of any authority and the Comission shall retain authority and responsibility with respect to regulation'of:
A.
The construction and operation of any production or utilization facility; B.
The export from or import into the United States of byproduct, source or special nuclear material, or of any production or utilization facility; C.
The disposal into the ocean or sea of byproduct, source or special nuclear waste materials as defined in regulations or orders of the Comission:
D.
The disposal of such other byproduct, source, or special nuclear material as the Comission from time to time determines by regulation or order should, because of the hazards or potential hazards thereof, not be so disposed of without a license from the Comission; and.
E.
The extraction or concentration of source material from source material are and the management and disposal of the resulting byproduct material.
ARTICLE !!!
This Agreement may be amended, upon application by the State and approval by the Commission, to include the additional area specified in Article !!,
paragraph E, whereby the State can exert regulatory control over the materials stated therein.
t ARTICLE IV Notwithstanding this Agreement, the Commission may from time to time by rule, regulation or order, require that the manufacturer, processor, or producer of any equipment, device, commodity, or other product containing source, byproduct or special nuclear material shall not transfer possession or control of such product except pursuant to a license or an exemption from licensing
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issued by the Comission.
ARTICLE V This Agreement shall not affect the authority of the Comission under subsection 161 b. or 1. of the Act to issue rules, regulations or orders to protect the comon defense and security, to protect restricted data or to guard against the loss or diversion of special nuclear material.
ARTICLE VI The Comission will use its best efforts to cooperate with the State and other Agreement States in the formulation of standards and regulatory programs of the State and the Comission for protection against hazards of radiation and to assure that State and Comission programs for protection against hazards of radiation will be coordinated and compatible. The State will use its best efforts to cooperate with the Comission and other Agreement States in the formulation of standards and regulatory programs of the State and the Comission for protection against hazards of radiation and to assure that the State's program will continue to be compatible with the program of the Comission for the regulation of like materials. The State and the Comission will use their best efforts to keep each other informed of proposed changes in their respective rules and regulations and licensing, inspection and enforcement policies and criteria and to obtain the coments and assistance of the other party thereon.
ARTICLE VII The Comission 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 Agreement State. Accordingly, the Comission and the State agree to use their best efforts to develop appropriate rules, regulations and procedures by which such reciprocity will be accorded.
i i
ARTICLE VI!!
The Comission, upon its own initiative af ter reasonable notice and t
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 I
Commission finds that (1) such termination or suspension is required to protect the 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 judgment 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 this Agreement and actions taken by the State under this Agreement to ensure compliance with Section 274 of the Act.
ARTICLE IX This Agreement shall become effective on
, and shall remain in effect unless and until such time as it is terminated pursuant to Article VIII.
Done at
, in triplicate, this
___ day of For the United States Nuclear Regulatory Commission
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Chairman For the State of Illinois Governor
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