ML22021A989

U.S. NRC and the State of PA for Discontinuance of Certain Commission Regulatory Authority Pursuant to Section 274

ML22021A989
Person / Time
Issue date:	03/26/2008
From:	Klein D, Rendell E NRC/Chairman, State of PA, Governor
To:
S. Poy, NMSS/MSST
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References
Download: ML22021A989 (7)

Text

AGREEMENT

BETWEEN

THE UNITED STATES NUCLEAR REGULATORY COMMISSION

AND

THE COMMONWEALTH OF PENNSYLVANIA FOR THE

DISCONTINUANCE OF CERTAIN COMMISSION REGULATORY AUTHORITY

AND

RESPONSIBILITY WITHIN THE COMMONWEALTH 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, 42 U.S.C. § 2011 et seq. (hereinafter referred to as the Act), to enter into agreements

with the Governor of any State/Commonwealth providing for discontinuance of the regulatory

authority of the Commission within the State/Commonwealth under Chapters 6, 7, and 8, and

Section 161 of the Act with respect to byproduct materials as defined in Sections 11e.(1),

11e.(2), 11e.(3), and 11e.(4) of the Act, source materials, and special nuclear materials in

quantities not sufficient to form a critical mass; and,

WHEREAS, The Governor of the Commonwealth of Pennsylvania is authorized under

the Pennsylvania Radiation Protection Act of July 10, 1984, P.L. 688, No. 147, as amended, 35

P.S. § 7110.101 et seq., to enter into this Agreement with the Commission; and,

WHEREAS, The Governor of the Commonwealth of Pennsylvania certified on November

9, 2006, that the Commonwealth of Pennsylvania (hereinafter referred to as the

Commonwealth) has a program for the control of radiation hazards adequate to protect public

health and safety with respect to the materials within the Commonwealth covered by this

Agreement, and that the Commonwealth desires to assume regulatory responsibility for such

materials; and,

WHEREAS, The Commission found on February 12, 2008, that the program of the

Commonwealth 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 public

health and safety; and,

WHEREAS, The Commonwealth and the Commission recognize the desirability and

importance of cooperation between the Commissi on and the Commonwealth in the formulation

of standards for protection against hazards of radiation and in assuring that Commonwealth and

Commission programs for protection against hazards of radiation will be coordinated and

compatible; and,

WHEREAS, The Commission and the Commonwealth recognize the desirability of the

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 Act;

NOW, THEREFORE, It is hereby agreed between the Commission and the Governor of the

Commonwealth acting on behalf of the Commonwealth as follows:

ARTICLE I

Subject to the exceptions provided in Articles II, IV, and V, the Commission shall discontinue, as

of the effective date of this Agreement, the regulatory authority of the Commission in the

Commonwealth 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.(3) of the Act;

3. Byproduct materials as defined in Section 11e.(4) of the Act;

4. Source materials;

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

6. The regulation of the land disposal of all byproduct, source, and special nuclear

waste materials covered by this Agreement.

ARTICLE II

This Agreement does not provide for discontinuance of any authority and the Commission shall

retain authority and responsibility with respect to the following:

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 im port 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, or

special nuclear materials waste as defined in the regulations or orders of the

Commission;

4. The regulation of the disposal of such other byproduct, source, or special nuclear

materials waste as the Commission from time to time determines by regulation or

order should, because of the hazards or potential hazards thereof, not be

disposed without a license from the Commission;

5. The evaluation of radiation safety information on sealed sources or devices

containing byproduct, 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;

6. Byproduct materials as defined in Section 11e.(2) of the Act.

ARTICLE III

With the exception of those activities identified in Articles II, paragraphs 1 through 4, this

Agreement may be amended, upon application by the Commonwealth and approval by the

Commission, to include one or more of the additional activities specified in Article II, paragraphs

5 and 6, whereby the Commonwealth may then exert regulatory authority and responsibility with

respect to those activities.

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 ex cept pursuant to a license or an exemption

from licensing issued by the Commission.

ARTICLE V

This Agreement shall not affect the authority of the Commission under Section 161b or 161i 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 VI

The Commission will cooperate with the Commonwealth and other Agreement States in the

formulation of standards and regulatory programs of the Commonwealth and the Commission

for protection against hazards of radiation and to assure that Commission and Commonwealth

programs for protection against hazards of radi ation will be coordinated and compatible. The

Commonwealth agrees to cooperate with the Commission and other Agreement States in the

formulation of standards and regulatory programs of the Commonwealth and the Commission

for protection against hazards of radiation and to assure that the Commonwealth's program will

continue to be compatible with the program of the Commission for the regulation of materials

covered by this Agreement.

The Commonwealth 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 Commonwealth and the Commission agree to keep each other informed of events,

accidents, and licensee performance that may have generic implications or otherwise be of

regulatory interest.

ARTICLE VII

The Commission and the Commonwealth 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 Commonwealth agree to develop

appropriate rules, regulations, and procedures by which such reciprocity will be accorded.

ARTICLE VIII

The Commission, upon its own initiative after reasonable notice and opportunity for hearing to

the Commonwealth, or upon request of the Governor of the Commonwealth, 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 Commonwealth 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 Commonwealth has failed to take necessary steps. The Commission shall

periodically review actions taken by the Commonwealth under this Agreement to ensure

compliance with Section 274 of the Act which requires a Commonwealth 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.

ARTICLE IX

This Agreement shall become effective on March 31, 2008, and shall remain in effect unless

and until such time as it is terminated pursuant to Article VIII.

Done at Rockville, Maryland, in triplicate, this 10 th day of March, 2008.

FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION

_/RA/__________________________________

Dale E. Klein, Chairman

Done at Harrisburg, Pennsylvania, in triplicate, this 26 th day of March, 2008.

FOR THE COMMONWEALTH OF PENNSYLVANIA

_/RA/___________________________________

Edward G. Rendell, Governor