ML23142A328
| ML23142A328 | |
| Person / Time | |
|---|---|
| Issue date: | 07/13/2023 |
| From: | Catherine Haney NRC/EDO/DEDMRS |
| To: | Bussler M Pokagon Band of Potawatomi Indians |
| Shared Package | |
| ML23142A325 | List: |
| References | |
| Download: ML23142A328 (1) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Mr. Matthew Bussler Tribal Historic Preservation Officer Pokagon Band of Potawatomi Indians P.O. Box 180 Dowagiac, MI 49047
SUBJECT:
CONSULTATION BETWEEN THE POKAGON BAND OF POTAWATOMI INDIANS AND THE U.S. NUCLEAR REGULATORY COMMISSION REGARDING INDIANAS REQUEST FOR AN AGREEMENT UNDER SECTION 274 OF THE ATOMIC ENERGY ACT
Dear Mr. Bussler:
The purpose of this letter is to acknowledge the agreement between the U.S. Nuclear Regulatory Commission (NRC) and the Pokagon Band of Potawatomi Indians to consult regarding Indianas request for an Agreement under Section 274 of the Atomic Energy Act, in accordance with the NRCs Tribal Policy Statement.1 The State of Indiana submitted a letter of intent on June 11, 2021,2 to notify the NRC that it is interested in pursuing an agreement with the NRC to assume regulatory authority over specified radioactive materials and activities. By letter dated October 15, 2021,3 the NRC staff informed the Pokagon Band of Potawatomi Indians of the States letter and stated that we would keep you informed as the application moves through the review process.
By letter dated February 14, 2022,4 the NRC staff offered to consult with the Pokagon Band of Potawatomi Indians, in accordance with the NRC Tribal Policy Statement, regarding Indianas request for an Agreement. The NRC staff made this offer because the proposed Agreement could have a substantial direct effect on the Band by changing the relationship between the NRC and the Band.
On February 23, 2023, the NRC staff conducted a government-to-government meeting with representatives of the Pokagon Band of Potawatomi Indians to follow-up on the NRC staffs offer to consult. The NRC staff presented information on the NRC Agreement State program, process, and the status of the State of Indianas request to become an NRC Agreement State.
Following this discussion, both parties agreed to consult under the NRC Tribal Policy Statements consultation process. The terms of the agreement are as follows:
1 NRC, Tribal Policy Statement, January 9, 2017 (82 FR 2402) (Agencywide Documents Access and Management System (ADAMS) Accession No. ML17011A243).
2 ML21166A134.
3 ML21267A072.
4 ML22047A017.
July 13, 2023
M. Bussler 2
The Pokagon Band of Potawatomi Indians described the Bands ancestral lands within the State of Indiana which include lands north of the Wabash River.
The NRC staff agreed to provide a list of NRC licenses within the Pokagon Band of Potawatomi Indians ancestral lands that will be retained by the NRC and those that will be transferred to and regulated by the State of Indiana if the Agreement under Section 274 of the Atomic Energy Act of 1954 is approved.
The NRC staff agreed to provide a description of the type of material that the State of Indiana has requested to regulate under an Agreement.
The Pokagon Band of Potawatomi Indians plans to review the requested information and assess the impact on the Bands ancestral lands. Based on its assessment, the Pokagon Band of Potawatomi Indians may propose future actions as part of the consultation process.
In the enclosure to this letter, the NRC staff is providing: (1) a brief description of the radioactive materials that the State of Indiana has requested to regulate; and (2) a list of licenses that would remain with the NRC and those that would transfer to Indiana if the Indiana Agreement were approved.
Thank you for your time and engagement. Please contact Mr. Henry Lynn, Tribal Liaison, at (423) 855-6509 or via email at henry.lynn@nrc.gov should you have any questions concerning this agreement.
Sincerely, Catherine Haney Deputy Executive Director for Materials, Waste, Research, State, Tribal, Compliance, Administration, and Human Capital Programs Office of the Executive Director for Operations
Enclosure:
As stated cc: Rebecca Richards, Chair Pokagon Band of Potawatomi Indians Courtney Eckstein, Director Radiation Control Program State of Indiana Beth McCord, Deputy State Historic Preservation Officer Department Of Natural Resources State of Indiana Signed by Haney, Cathy on 07/13/23
M. Bussler 3
SUBJECT:
CONSULTATION BETWEEN THE POKAGON BAND OF POTAWATOMI INDIANS AND THE U.S. NUCLEAR REGULATORY COMMISSION REGARDING INDIANAS REQUEST FOR AN AGREEMENT UNDER SECTION 274 OF THE ATOMIC ENERGY ACT DATED: July 13, 2023 DISTRIBUTION:
RidsEdoMailCenter KWilliams, NMSS DWhite, NMSS SFlaherty, NMSS BVenkataraman, NMSS HLynn, NMSS JOlmstead, OGC ADAMS Accession Number: ML23142A325 OFFICE NMSS/MSST NMSS/MSST NMSS/MSST NMSS/MSST NMSS/REFS NAME HLynn BVenkataraman SFlaherty KWilliams CRegan DATE 5-23-23 5-25-23 5-26-25 5-26-23 5-30-23 OFFICE OGC NMSS/Tech Ed NMSS OEDO NAME JOlmstead MPringle JLubinski CHaney DATE 5-31-23 6-1-23 6-22-23 7-13-23 OFFICIAL RECORD COPY
Enclosure Description of the radioactive materials that the State of Indiana has requested to regulate and a list of licenses that would remain with the U.S. Nuclear Regulatory Commission (NRC) and those that would transfer to Indiana if the Indiana Agreement is approved.
The State of Indiana has requested an agreement for the authority to regulate byproduct, source, and special nuclear material in limited quantities used at academic, commercial, and medical facilities through the NRCs Agreement State program. The State of Indiana is not seeking authority to regulate 11e.(2) byproduct material (mill tailings), low-level waste disposal or evaluation of sealed sources and devices. Examples of radioactive material use regulated by an Agreement State program include, but are not limited to, the following:
Academic o
Research and development o
Educational/Instructional purposes Commercial/Industrial o
Moisture/density gauges o
Fixed gauges o
Industrial radiography o
Instrument calibration o
Manufacturing Medical o
Diagnostic and therapeutic treatments of patients o
Radiopharmaceutical manufacturing You can find additional information concerning Indianas application at:
https://scp.nrc.gov/Indiana.html List of licenses within the Pokagon Band of Potawatomi Indians ancestral lands in the State of Indiana that would be retained by the NRC if the Agreement is approved:
License Number Name Regulatory Activity R-87 Purdue University Research and test reactor SUB-1435 Army, Jefferson Proving Ground Miliary site undergoing decommissioning 03-23856-01VA (multiple locations)
Department of Veterans Affairs Under Secretary for Health Medical use of radioactive material, research and development, portable gauge use, and veterinary use
2 List of licenses within the Pokagon Band of Potawatomi Indians ancestral lands in the State of Indiana that would be transferred to and regulated by the State of Indiana if the Agreement is approved:
License Number Name Regulatory Activity 13-26133-01 Adams Memorial Hospital Medical 13-32243-01 Allen County Cardiology Medical 13-18685-02 Alt & Witzig Engineering, Inc.
Industrial 13-24638-01 American Renolit Corporation Industrial 13-00155-12 BP Products North America, Inc.
Industrial 13-16347-01 Cal Testing Services, Inc.
d/b/a Calumet Testing Services Industrial 13-32723-01 Cameron Memorial Community Hospital Medical 34-29200-01MD Cardinal Health 414, LLC Medical 37-35686-01 CardioNavix, LLC Medical 13-26642-01 Cardiovascular Consultants, P.C.
Medical 13-32160-01 Cardiovascular Consulting Associates Medical 13-06932-03 Cargill, Inc.
Industrial 13-32670-01 Cleveland-Cliffs Burns Harbor, LLC Industrial 13-32600-01 Cleveland-Cliffs Kote L.P.
Industrial 13-32359-01 Cleveland-Cliffs Steel LLC Industrial 13-35525-01 Community Stroke and Rehabilitation Center Medical 13-02841-04 Dalton Corporation Warsaw Manufacturing Facility Industrial 13-20218-01 DLZ Corporation Industrial 13-18703-01 Dukes Health System, LLC d/b/a Dukes Memorial Hospital Medical 13-32291-01 Dupont Hospital Medical 13-32515-01 Elkhart Clinic Medical 13-18879-01 Elkhart General Hospital Medical 13-32402-01 Eurofins Eaton Analytical, LLC Academic 13-32722-01 Fort Wayne Medical Oncology and Hematology, Inc.
Medical 13-15933-01 Franciscan Alliance, Inc.
d/b/a Franciscan Health Crown Point Medical
3 13-02047-02 Franciscan Alliance, Inc.
d/b/a Franciscan Health Dyer Medical 13-09788-01 Franciscan Health - Lafayette East Nuclear Medicine Dept.
Medical 13-13144-02 Franciscan Health Michigan City Medical 13-32519-01 Franciscan Healthcare - Munster Medical 13-26111-01 Gaunt & Son Asphalt, Inc.
Industrial 13-32182-01 Geotechnical and Materials Engineers, Inc.
Industrial 13-18845-01 Goshen Health Medical 13-02141-01 Harrison Steel Castings Company Industrial 13-32783-01 Indian Creek Therapeutics, LLC Medical 13-32724-01 Indiana Regional PET Imaging LLC Medical 13-20352-01 Indiana University Health-White Memorial Hospital Inc.
Medical 13-18384-01 Indiana University School of Medicine - Northwest Academic 13-01535-01 IOM Health System, LP d/b/a Lutheran Hospital of Indiana Medical 13-32791-01 IRISNDT, Inc.
Industrial 13-35677-01 IU Health Fort Wayne Physicians Medical 13-24480-01 K & S Engineers, Inc.
Industrial 13-15399-02 Knox Hospital Company, LLC d/b/a Northwest Health - Starke Medical 13-00267-04 Manchester University Academic 13-16961-02 Materials Inspection and Testing, Inc.
Industrial 13-18881-01 Memorial Hospital Medical 13-17841-01 Memorial Hospital of Logansport Medical 13-16558-01 Methodist Hospital of Gary, Inc.
Medical 13-35664-01 Michiana Animal Rehab Services Medical 13-32719-01 Michiana Hematology-Oncology, P.C.
Medical 12-16559-02 Mistras Group, Inc.
Industrial 13-32628-01 NLMK Indiana Industrial 13-14984-01 Northern Indiana Public Service Company Chemical & Environmental Compliance Industrial 13-17073-01 Northwest Health - Porter Medical 13-15151-01 Northwest Health-LaPorte LaPorte Hospital Company, LLC Medical 13-32503-01 Nuclear Cardiology Associates, P.C.
Medical 13-32726-02 NukeMed Inc. dba SpectronRx Industrial
4 13-32726-01MD NukeMed Inc., dba SpectronRx Medical 13-01284-02 Parkview Health Medical 13-32725-01 Patriot Engineering and Environmental, Inc.
Industrial SUD-296 Purdue University Academic 13-02812-04 Purdue University Radiological and Environmental Management Academic 13-32551-01 Radiation Oncology Associates, P.C.
Medical 13-02650-02 Saint Joseph Regional Medical Center Medical 13-35440-01 SDI LaFarga, LLC Industrial 13-01148-01 St. Catherine Hospital, Inc.
Medical 13-00418-02 St. Joseph Health System LLC d/b/a Lutheran Downtown Hospital Medical 13-03459-03 St. Mary Medical Center - Hobart Medical 13-26651-01 Steel Dynamics, Inc.
Industrial 13-32752-01 Summit Medical Associates, LLC Medical 42-32219-01 TEAM Industrial Services, Inc.
Industrial 13-15882-01 The Community Hospital Medical 13-32393-01 The South Bend Clinic, LLC Medical 07-35288-01E Tracerco US LLC Industrial 07-28386-01 Tracerco US LLC Industrial 13-23600-01 U.S. Steel Corporation Industrial 13-26104-03 U.S. Steel Corporation Gary Works Industrial 13-01983-15 University of Notre Dame du Lac Academic 13-06711-01 Valparaiso University Academic 13-11504-02 W.R. Grace & Co.
Industrial 13-32129-01 Warsaw Health System, LLC d/b/a Lutheran Kosciusko Hospital Medical 21-32761-01 Weaver Consultants Group of Michigan, LLC Industrial 13-20338-01 Woodlawn Hospital Medical 13-26511-01 Worthington Steel Company Industrial