ML20216G593
| ML20216G593 | |
| Person / Time | |
|---|---|
| Issue date: | 09/21/1999 |
| From: | Lohaus P NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Angell J, Burlington D, Jeffress C, Perciasepe R, Yellen J COUNCIL ON ENVIRONMENTAL QUALITY, ENERGY, DEPT. OF, ENVIRONMENTAL PROTECTION AGENCY, FOOD & DRUG ADMINISTRATION, LABOR, DEPT. OF, OCCUPATIONAL SAFETY & HEALTH ADMIN. |
| References | |
| NUDOCS 9910010105 | |
| Download: ML20216G593 (9) | |
Text
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$IP2I1998 Mr. Charles N. Jeffress Assistant Secretary
- Occupational Safety & Health Administration .
U.S. Department of Labor 200 Constitution Avenue, NW Washington, DC 20210
Dear Mr. Jeffress:
This is to advise the Department that under Section 274 of the U.S. Atomic Energy Act of 1954, as amended, the Nuclear Regulatory Commission has approved an Agreement with the State of Ohio. This Agreement transfers to the State the Commission's regulatory authority over byproduct material, source material and special nuclear material in quantities not sufficient to form a critical mass. The Agreement became effective August 31,1999. Enclosed is a copy of the Agreement for your information.
Sincerely,
'@ Signed By:
PAULH.LOHAUS Paul H. Lohaus, Director Office of State Programs
Enclosure:
As stated l
I Distribution: , ,
DlR RF iDCD (SP07) . Identical letters sent to:
SDroggitis PDR (YES/) . Angell/D0E; Yellen/CEQ; Ohio File Burlington/FDA; Perciasepe/ EPA DOCUMENT NAME: G:\RLB\ post signing federal agency notificat!on.wpd Ti receive a copy of this document. indicate in the box: "C" NCopy without attachment / enclosure "E" Copy with attachmenvenclosure "fr a No copy OFFICE Opf (1 l 93KD l OSP:D l l l NAME RLBlant4@ FC byV ' PHLohaus DATE 0944/99 ( hR/3 /99 09/ /99
'y OSP FILE CODE: EP-AG-31 9910010105 990921 PDR STPRO ESOOH PDR
gpaKaroy p 1!L UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. - M
% ,,,,, September 21, 1999 Mr. Charles N. Jeffress Assistant Secretary Occupational Safety & Health -
Administration U.S. Department of Labor 200 Constitution Avenue, NW Washington, DC 20210
Dear Mr. Jeffress:
This is to advise the Department that under Section 274 of the U.S. Atomic Energy Act of 1954, as amended, the Nuclear Regulatory Commission has approved an Agreement with the State of Ohio. This Agreement transfers to the State the Commission's regulatory authonty over >
byproduct material, source material and special nuclear material in quantities not sufficient to form a critical mass. The Agreement became effective August 31,1999. Enclosed is a copy of
- the Agreement for your information.
rely,
\\
Paul H. Lohaus, Director )
Office of State Programs
Enclosure:
As stated 1
- Oro y *, UNITED STATES g f} NUCLEAR REGULATORY COMMISSION e WASHINGTON, D.C. 2008H001
% ,, , September 21,1999 Ms. Janet L. Yellen, Chairman Council on Environmental Quality Old Executive Office Building 17* Street and Pennsylvania Avenue Washington, D.C. 20502
Dear Chairman Yellen:
This is to advise the Council on Environmental Quality that under Section 274 of the U.S. Atomic Energy Act of 1954, as amended, the Nuclear Regulatory Commission has approved an Agreement with the State of Ohio. This Agreement transfers to the State the Commission's regulatory authority over byproduct material, source material and special nuclear materialin quantities not sufficient to form a critical mass. The Agreement became effective August 31,1999. Enclosed is a copy of the Agreement for your information.
S erely,
!4 9
hahl H. Lohaus, Director Office oi State Programs
Enclosure:
As stated 4
=
l Sa na2:.g g *, UNITED STATES
- f j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. *aaaa aaai
'% ,,,,,, September 21,1999 i
l Dr. D. Bruce Budington Director Center for Devices & Radiological Health Food and Drug Administration 9200 Corporate Boulevard Rockville, MD 20850-3229
Dear Dr. Burlington:
This is to advise the Food and Drug Administration that under Section 274 of the U.S.
Atomic Energy Act of 1954, as amended, the Nuclear Regulatory Commission has approved an Agreement with the State of Ohio. This Agreernent transfers to the State the Commission's l
regulatory authority over byproduct material, source material and special nuclear material in quantitles not sufficient to form a critical mass. The Agreement became effective August 31, 1999. Enclosed is a copy of the Agreement for your information.
erely, 5 % bx Paul H. Lohaus, Director Office of State Programs
Enclosure:
As stated
- th y~ 'a UNITED STATES s* j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. mas my
,,,,,+ September 21, 1999 Mr. John C. Angell Assistant Secretary for Congressional and Intergovemmental Affairs U.S. Department of Energy Washington, D.C. 20585-0800
Dear Mr. Angell:
This is to advise the Department that under Section 274 of the U.S. Atomic Energy Act i
i of 1954, as amended, the Nuclear Regulatory Commission has approved an Agreement with the State of Ohio. This Agreement transfers to the State the Commission's regulatory authodty over byproduct material, source material and special nuclear material in quantities not sufficient to form a critical mass. The Agreement became effective August 31,1999. Enclosed is a copy J
of the Agreement for yourinformation.
S cerely,
!)
.- , i Paul H. Lohaus, Director I Office of State Programs i l
Enclosure:
As stated
g carog g t. UNITED STATES y j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. -8 "1
'+, . .". . . ,! September 21,1999 Mr. Robert W. Perclasepe, Assistant lj Administrator for Air and Radiation U.S. Environmental Protection Agency !
401 M Street, S.W.
Washington, D.C. 20460
Dear Mr. Perclasepe:
This is to advise the Environmental Protection Agency that under Section 274 of the i U.S. Atomic Energy Act of 1954, as amended, the Nuclear Regulatory Commission has approved an Agreement with the State of Ohio. This Agreement transfers to the State the Commission's regulatory authority over byproduct material, source material and special nuclear material in quantities not sufficient to form a critical mass. The Agreement became effective August 31,1999. Enclosed is a copy of the Agreement for your information.
S cerely,
) :
/d A T / )
au H. Lohaus, Director j Office of State Programs l l
1
Enclosure:
1 As stated i
t
- Federcl Register /Vol. 64 No.174 / Thursday, Sept:mber 9,1999/ Notices 49029 provide references to those specific Board that the petition and/or request The draft Agreement was published in sources and documents of which the should be granted based upon a the Federal Register for comment once petitioner is aware and on which the balancing of the factors specified in 10 a week for four consecutive weeks (see, petitioner intends to rely to establish CFR 2.714(a)(1)(1)-(v) and 2.714(d). e.g. 64 FR 12187, March 11.1999) as those facts or expert opinion. Petitioner For further details with respect to this required by the Act. The public must provide sufficient information to action, see the application for comment period ended on April 12, show that a genuine dispute exists with amendment dated July 20,1999, which 1999. A total of 25 comment leuers were the applicant on a materialissue oflaw is available for public inspection at the received and were considered by the er fact. Contentions shall be limited to Commission's Public Document Room, NRC staff. After considering the matters within the scope of the the Gelman Building. 2120 L Street, comments, the request for an Agreement amendment under consideration. The NW, Washington, DC, and at the local by the Governor of Ohio, the supporting contention must be one which, if public document room located at the documentation submitted with the proven, would entitle the petitioner to White Plains Public Library,100 request for an Agreement, and its relief. A petitioner who fails to file such Martine Avenue. White Plains, New interactir;ns with the staff of the Ohio a supplement which satisfies these York 10601. Department of Health. Bureau of requirements with respect to at least one Dated at Rockville. Maryland, this 2nd day Radiological Health, the NRC staff contention will not be permitted to of September 1999. completed an assessment of the Ohio Participate as a party. Pmgram. Based on the staff's Those permitted to intervene become For The Nuclear Regulatory Commission.
JohnI Minns assessment, the Commission determined imita lons in t o d r rantin I ve to anager mm i on.
intervene, and have the opportunity t g h o progra for t e contro of participate fully in the conduct of the Division o/11 censing Profeet Management, radiation hazards is adequate to protect hearing, including the opportunity to O/Dec o/ Nuclear Reactor Regulation. putdic health and safety and compatible present evidence and cross-examine (FR Doc,99-23409 Filed 9-8-99; 8:45 am] with the Commission's program. NRC witnesses. , will retainjurisdiction over 19 materials If a hearing is requested, the licensees including certain Federal facilities and exempt distribution. In e rmin ion heissu of no NUCLEAR REGULATORY addition. NRC will retain jurisdiction COMMISSION over the gaseous diffusion plant in tiEnificant hazards consideration. The Portsmouth, Ohio and two nuclear final determination will serve to decide State of Ohio: Discontinuance of when the hearing is held. power plants near Toledo and Certain Commission Regulatory Painesville hat the Authority Within the State endmen t ue ny ve no Copies of the comment analysis by the significant hazards consideration, the AGENCY: Nuclear Regulatory NRC staff, the staff ast.essment, and the Ctmmission may issue the amendment Commission. Commission's decision may be viewed and make it immediately effective. ACDON: Notice of agreement with the at the NRC website. http:Nwww.nrc. gov.
notwithstanding the request for a State of Ohio. To view the documents, click on the hearing. Any hearing held would take " News and Information" icon. then place after issuance of the amendment.
SUMMARY
- On August II,1999, Greta J. select " Staff Papers" under the if the final determination is that the Dieus, Chairman of the U.S. Nuclear " Commission" heading. The documents amendment request involves a Regulatory Commis:lon (NRC) and on are contained in the Commission paper significant hazards consideration, any August 18,1999, Governor Bob Taft of numbered SECY-99-179.
hearing held would take place before the State of Ohio signed an Agreement as authorized by section 274b of the An Agreement Between the United the issuance of any amendment.
Atomic Energy Act.The Agreement States Nuclear Regulatory Commission A request for a hearing or a petition for leave en intervene must be filed with provides for the Commission t and the State of Ohio for the the Sect 4ary of the Commission, U.S. discontinue its regulatory authority over Discontinuance of Certain Commission Nuclear Regulatory Commission, source, byproduct and special nuclear Regulatory Authority and Responsibility Washington DC 20555-0001, Attention: materials (in quantities not sufficient t Within the State Pursuant to Section Rulemakings and Adjud! cations Staff, or form a critical mass) in the State of 274 of the Atomic Energy Act of 1954, may be delivered to the Commission's Ohio, and for Ohio to assume the as Amended Public Document Room, the Gelman regulatory authority. Whereas The United States Nuclear Building,2120 L Street, NW., Under the Agreement, a person in Regulatory Commission (hereinafter Washington, DC, by the above date. A Ohio possessing these materials is referred to as the Commission) is copy of the petition should also be sent exempt from certain Commission authorized under Section 274 of the ta the Office of the General Counsel, regulations. The exemptions have been Atomic Energy Act of 1954, as amended U.S. Nuclear Regulatory Commission, previously published in the Federal (hereinafter referred to as the Act), to )
Washington, DC 20555-0001, and to Register and are codified in the enter into agreements with the Governor 1 Brent L. Brandenburg. Esq.,4 Irving Commission's regulations as 10 CFR of any State providing for Place New York,10003, attorney for the Part 150. The Agreement is published discontinuance of the regulatory licensee. here as required by section 274e of the authority of the Commission within the Nontimely filings of petitions for Act. State under Chapters 6,7, and 8, and leave to intervene, amended petitions, FOR FURTHER INFORMATION CONTACT: Section 161 of the Act with respect to supplemental petitions and/or requests Richard L. Blanton. Office of State byproduct materials as defined in for hearing will not be entertained Programs. U.S. Nuclear Regulatory Sections lle.(1) and (2) of the Act, absent a determination by the Commission, Washington, DC 20555- source materials, and special nuclear Commission, the presiding officer or the 0001. Telephone (301) 415-2322 or e- materials in quantities not sufficient to presiding Atomic Safety and Licensing mail RLBeNRC. GOV. form a critical mass; and, a
o .
49030 Federal Regi:ter/Vol. 64, No.174 /Thursd:y, September 9,1999/ Notices Whereas. The Governor of the State of F, The evaluation of radiation safety requirements for such materials and its Ohio is authorized under Chapter 3748. Information on sealed sources or disposal site; of the Ohio Revised Code to enter into devices containing byproduct, source, or this Agreement with the Commission; b. The authority to require that prior special nuclear materials and the cnd, to termination of any license for such registration of the sealed sources or byproduct material or for any activity Whereas, The Governor of the State of devices for distribution, as provided for that results in the production of such Ohio certified on June 22,1998, that the in regulations or orders of the material, title to such byproduct State of Ohio (hereinafter referred to as Commission.
the State) has a program for the control material and its disposal site be of radiation hazards ad unte to protect Article 11 transferred to the United States or the the health and safety of e public and A. This Agreement does not provide State at the option of the State (provided to protect the environment with respect for discontinuance of any authority and such option is exercised prior to termination of the license),
to the materials within the State covered the Commission shall retain authority ,
by this Agreement, and that the State and responsibility with respect to: c. The authority to permit use of the
- desires to assume regulatory 1 The regulation of the construction surface or subsurface estates, or both, of r:sponsibility for such materials: and, and operation of any production or the land transferred to the United States Wheneas The Commission found on utilization facility or any uranium or a State pursuant to paragraph 2.b. In August 4,1999 that the program of the enrichment facility; this section in a manner consistent with State for the regulation of the materials 2.The regulation of the export from the provisions of the Uranium Mill covered by this Agreement is or import into the United States of Tallings Radiation Control Act of 1978, compatible with the Commission's byproduct, source, or special nuclear Provided that the Commission program for the regulation of such material, or of any production or determines that such use would not materials and is adequate to protect utilization facility; endanger public health, safety, welfare, public health and safety; and, 3.The regulation of the disposalinto or the environment:
Whereas, The State and the the ocean or sea of byproduct, source, or d. The authority to require, in the case Commission recognize the desirability special nuclear waste materials as of a license (if any) for any activity that cnd importance of cooperation between defined in the regulations or orders of produces such byproduct material the Commission and the State in the the Commission; formulation of standards for protection (which license was in effect on
- 4. The regulation of the disposal of November 8,1981), transfer of land and agalmt hazards of radiation and in such other byproduct, source, or special material pursuant to paragraph 2.b. In assuring that State and Commission nuclear material as the Commission this section, taking into consideration programs for protection against hazards from time to time determines by the status of such material and land and cf radiation will be coordinated and regulation or order should, because of compatible; and- interests therein, and the ability of the Whereas, The Commission and the the hazards or potential hazards thereof, licensee to transfer title and custody not be so disposed without a license thereof to the United States or the State:
State recognize the desirability of from the Commission.
reciprocal recognition of licenses, and of B. Notwithstanding this Agreement, e.The authority to require the the granting of limited exemptions from the Commission retains the following Secretary of the Department of Energy, licensing of those materials subject to authorities pertaining to byproduct ther Federal agency, or State, tl.is Agreement; and, material as defined in Section 11e.(2) of whichever has custody of such Whereas, This Agreement is entered the Atomic Energy Act; byproduct material and its disposal site, into pursuant to the provisions of the t undertake such monitoring. l
- 1. Prior to the termination of a State Atomic Energy Act of 1954, as amended; license for such byproduct material, or maintenance, and emergency measures Now Therefore,it is hereby agreed "
as are necessary to protect public health between the Commission and the pk"duc tal,"the and safety, and other actions as the Governor of the State of Ohio, acting on ofs at Commission deems necessary; and 1,etu;1f of the State, as follows: Commission shall have made a determination that all applicable f. The authority to enter into Article I standards and requirements pertaining arrangements as may be appropriate to assure Federal long-term surveillance or the ex epti n providedin to such material have been met, maintenance of such byproduct material
{e *
- 2. The Commission reserves the and its disposal site on land held in shall discontinue, as of the effective authority to establish minimum j standards governing reclamation, long. trust by the United States for any Indian !
term surveillance or maintenance, and Tribe or land owned by an Indian Tribe u ority of h o is o i e te 7,an ownership of such byproduct material and subject to a restriction against an Section
{eChap and ofland used as a disposal site for allenation irnposed by the United States.
following materials: such material. Article 111 A. Byproduct materials as defined in Such reserved authority includes:
Section lle.(1) of the Act; a. The authority to establish terms and Notwithstanding this Agreement, the B. Byproduct materials as defined in conditions as the Commission Commission may from time to time by Section lle.(2) of the Act; determines necessary to assure that, rule, regulation, or order, require that C. Source materials; prior to termination of any license for the manufacturer, processor, or D, Special nuclear materials in such byproduct material, or for any producer of any equipment, device, quantities not sufficient to form a activity that results in the production of commodity, or other product containing critical mass; such material, the licensee shall comply source, byproduct, or special nuclear E The regulation of the land disposal with decontamination, material shall not transfer possession or cf byproduct, source, or special nuclear decommissioning, and reclamation control of such product except pursuant waste materbls received from other standards prescribed by the to a license or an exemption from persons; and, Commission; and with ownership licensing issued by the Commission.
j
q s , .
Federd Register /Vol. 64 No.174/Thursd*,y, September 9,1999/ Notices 49031 Article IV pursuant to Section 274J of the Act, For the State of Ohio.
This Agreement shall not affect the temporarily suspend all or part of this Bob Taft, cuthority of the Commission under Agreement if,in thejudgement of the Covemor.
Subsection 161b or 1611 of the Act to Commission, an emergency situation Dated at Rockville. Maryland, this 2nd day issue rules, regulations, or orders to exists requiring immediate action to of September,1999.
protect the common defense and protect public health and safety and the For the U.S. Nuclear Regulatory Commission.
becurity, to protect restricted data or to State has failed to take necessary steps.
guard against the loss or diversion of The Commission shall periodically special nuclear material' review actions taken by the State under Annette'#7dtheL. Vietti-Cook)ssion-Comm this Agreement to ensure compliance [FR Doc. 99-23407 Filed 9-8-99; 8:45 am)
Article V with Section 274 of the Act which 8' m cooevo m The Commission will cooperate with requires a State program to be adequate the State and other Agreement States in to protect public nealth and safety with the formulation of standards and respect to the materials covered by this NUCLEAR REGULATORY rrgulatory programs of the State and the Agreement and to be compatible with COMMISSION Commission for protection against the Commission's program. Public Stakeholder Meeting hazards of radiation and to assure that Article VIII Concerning The Revision of the Safety State and Commission programs for Inspection Program for Nuclear Fuel protection against hazards of radiation in the licensing and regulation of will be coordinated and compatible. The byproduct material as defined in C@ Fach State agrees to cooperate with the Section lle.(2) of the Act, or of any AGENCY: Nuclear Regulatory Commission and other Agreement States activity which results in production of Commission (NRC). .
in the fonnulation of standards and such material, the State shall comply ACTION: Notice of meeting. I J
rigulatory programs of the State and the with the provisions of Section 274o of Commission for protection against the Act. If in stich licensing and
SUMMARY
- NRC will host a public l hazards of radiation and to assure that regulation, the State requires financial meeting in Rockville, Maryland to the State's program will continue to be surety arrangements for reclamation or Provide the public, those regulated by campatible with the program of the long-term survealance and maintenance the NRC, and other stakeholders, with Commission for the regulation of of such material, information about and an opportunity to materials covered by this Agreement. A. The total amount of funds the State provide views on how NRC plans to .
The State and the Commission agree collects for such purposes shall be revise its safety inspection program for to keep each other informed of proposed transferred to the United States if nuclear fuel cycle facilities. Similar to changes in their respective rules and custody of such material and its the revisions of the inspection and regulations, and to provide each other disposal site is transferred to the United oversight program for commercial the opportunity for early and States upon termination of the State nuclear power plants. NRC has initiated 1 substantive contribution to the proposed license for such material or any activity an effort to improve its programs for l changes. which results in the production of such nuclear fuel cycle facilities. This is !
The State and the Commission agree material. Such funds include, but are described in SECY-99-188 titled, i' to keep each other informed of events, not limited to, sums collected for long. EVALUATION AND PROPOSED
- accidents and licensee performance term surveillance or maintenance. Such REVISION OF THE NUCLEAR FUEL that may have generic implication or funds do not, however, include monies CYCLE FACILITY SAFETY l otherwise be of regulatory interest. held as surety where no default has INSPECTION PROGRAM. SECY-99-188 4 occurred and the reclamation or other is available in the Public Document Article VI bonded activity has been performed; Room and on the NRC Web Page at The Commission and the State agree and http://www.nrc. gov /NRC/
that it is desirable to provide reciprocal . B. Such surety or other financial COMMISSION /SECYS/index.html. !
recognition of licenses for the materials requirements must be sufficient to
Purpose:
To explain the planned listed in Article I licensed by the other ensure compliance with those standards revision of the fuel cycle safety party or by any other Agreement State. . established by the Commission inspection program and obtain Accordingly, the Commission and the Pertaining to bonds, suretles, and stakeholder's views. The baseline safety State agree to develop appropriate rules, financial arrangements to ensure inspection program applies to nuclear regulations, and procedures by which adequate reclamation and long-term fuel cycle facilities regulated under 10 such reciprocity will be accorded. management of such byproduct material CFR Parts 40,70 and 76. The facilities and its disposal site. currently include gaseous diffusion Anicle Vil Pl ants highly enriched uranium fuel Article DC The Commission, upon its own fabrication facilities, low-enriched initiative after reasonable notice and This Agreement shall become uranium fuel fabrication facilities, and a opportunity for hearing to the State, or effective on August 31,1999, and shall uranium hexafluoride (UF6) production
. upon request of the Governor of the remain in effect unless and until such facility. These facilities possess large
. State. may terminate or suspend all or time as it is terminated pursuant to quantitles of materials that are part of this Agreement and reassert the Article VII. potentially hazardous (i.e., radioactive, licensing and regulatory authority Done at Rockville, Maryland, in triplicate, toxic, and/or flammable) to the workers, vested in it under the Act if the this Ilth day of August,1999. public, or environment, in revising the Commission finds that (1) such For the United States Nuclear Regulatory inspection program, the goals are to termination or suspension is required to Comminion. have an inspection program that: (1) protect public health and safety, or (2) Greta joy Dieus. Provides earlier and more objective the State has not complied with one or . Chairman. Indications of acceptable and changing more of the requirements of Section 274 Done at Columbus. Ohio, in triplicate, this safety performance, (2) increases of the Act, The Commission may also, 18th day of August,1999. stakeholder confidence in the NRC, and
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