ML22019A254
| ML22019A254 | |
| Person / Time | |
|---|---|
| Issue date: | 04/20/1982 |
| From: | Damm R, Palladino N NRC/OCM, State of CO |
| To: | |
| S. Poy, NMSS/MSST | |
| Shared Package | |
| ML22021B286 | List: |
| References | |
| Download: ML22019A254 (5) | |
Text
AMENDMENT TO AGREEMENT BETWEEN THE UNITED STATES NUCLEAR REGULATORY COMMISSION AND THE STATE OF COLORADO FOR 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 Atomic Energy Commission1 (hereinafter referred to as the Commission) entered into an Agreement (hereinafter referred to as the Agreement of January 16, 1968) with the State of Colorado under section 274 of the Atomic Energy Act of 1954, as amended, (hereinafter referred to as the Act),
which Agreement became effective on February 1, 1968, and provided 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 section 11e.(1) 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 Colorado has requested this amendment in accordance with section 274 of the Act, and WHEREAS, The Commission found on March 1, 1982, that the program of the State for the regulation of the materials covered by this Agreement is 1
Under the provisions of the Energy Reorganization Act of 1974, the regulatory functions formerly carried out by the Atomic Energy Commission are now carried out by the Nuclear Regulatory Commission as of January 19, 1975.
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in accordance with the requirements of section 274o of the Act and in all other respects compatible with the Commission's program for the regulation of such materials and is adequate to protect the public health and safety; and WHEREAS, this amendment 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 on behalf of the State, as follows:
Section 1. ARTICLE I of the Agreement of January 16, 1968, is amended by adding "as defined in section lle.(1) of the Act;" after the words "by product materials" in paragraph A., by redesignating paragraphs B. and C. as paragraphs C.
and D., and by inserting the following new paragraph immediately after paragraph A.:
"B. Byproduct materials as defined in section lle.(2) of the Act;".
Section 2. ARTICLE II of the Agreement of January 16, 1968, is amended by inserting "A." before the words "This Agreement," by redesignating paragraphs A.
through D. as subparagraphs 1. through 4., and by adding the following at the end thereof:
"B. Notwithstanding this Agreement, the Commission retains the following authorities pertaining to byproduct materials section lle.(2) of the Act:
"1. Prior to the termination of a State license for such byproduct material, or for any 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. 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; "b. The authority to require that prior to termination of any license for such byproduct material or for any activity that results in the production of such material, title to such byproduct material and its disposal site be transferred to the United States or the State at the option of the State (provided such option is exercised prior to termination of the license).
"c. The authority to permit use of surface or subsurface estates, or both, of the land transferred to the United States or the State pursuant to subparagraph B.2.b. of this Article, but any such use of land transferred to the State may be made only with the concurrence of the State; "d. 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 the public health and safety, and other actions as the Commission deems necessary; and
- e. The authority to enter into arrangements as may be appropriate to assure Federal long term surveillance or maintenance of such byproduct material and its
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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.".
Section 3. ARTICLE III of the Agreement of January 16, 1968, is amended by inserting "otherwise licensable by the State under Article I of this Agreement" after the words "special nuclear material."
Section 4. ARTICLE VII of the Agreement of January 16, 1968, is amended by inserting "all or part of" after the words "terminate or suspend," by inserting "(1)"
after the words "finds that," and by adding at the end before the period the following:
", or (2) the State has not complied with one or more of the requirements of section 274 of the Act. The Commission shall periodically review this Agreement and actions taken by the State under this Agreement to ensure compliance with the provisions of section 274 of the Act.".
Section 5. ARTICLE VIII of the Agreement of January 16, 1968, is amended by redesignating it Article IX and by inserting a new Article VIII as follows:
"In the licensing and regulation of byproduct material as defined in section 1le.(2) of the Act, or of any activity which results in production of such material, the State shall comply with the provisions of section 274o of the Act. If, in such licensing and regulation, the State requires financial surety arrangements for the reclamation of long term surveillance or 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 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
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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 "B. Such State 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.".
This amendment shall become effective on April 20, 1982, and shall remain in effect unless and until such time as it is terminated pursuant to Article VII.
Done at Denver, State of Colorado, in triplicate, this 20th day of April 1982.
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