ML24347A051
| ML24347A051 | |
| Person / Time | |
|---|---|
| Issue date: | 11/27/2024 |
| From: | Lamont E Office of Nuclear Material Safety and Safeguards, State of CT, Dept of Energy and Environmental Protection |
| To: | |
| References | |
| Download: ML24347A051 (1) | |
Text
1 Section 4.1 AN AGREEMENT BETWEEN THE UNITED STATES NUCLEAR REGULATORY COMMISSION AND THE STATE OF CONNECTICUT FOR THE DISCONTINUANCE OF CERTAIN COMMISSION REGULATORY AUTHORITY AND RESPONSIBILITY WITHIN THE STATE OF CONNECTICUT 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 an agreement with the Governor of the State of Connecticut (hereinafter referred to as the 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 material as defined in Sections 11e.(1), 11e.(3), and 11e.(4) of the Act, source material, and special nuclear material in quantities not sufficient to form a critical mass; and WHEREAS, The Governor of the State is authorized under C.G.S. § 22a-152 to enter into this Agreement with the Commission; and WHEREAS, The Governor of the State certified on October 31, 2024 that the State has a program for the control of radiation hazards adequate to protect 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 [DATE] that the program of the State for the regulation of the materials covered by this Agreement is compatible with the Commissions program for the regulation of such materials and is adequate to protect 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 assuming 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 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 Atomic Energy Act of 1954, as amended.
2 Section 4.1 NOW, THEREFORE, it is hereby agreed between the Commission and the Governor of Connecticut acting on behalf of the State 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 State under Chapters 6, 7, and 8, and Section 161 of the Act with respect to the following materials:
A. Byproduct material as defined in Section 11e.(1) of the Act; B. Byproduct material as defined in Section 11e.(3) of the Act; C. Byproduct material as defined in Section 11e.(4) of the Act; D. Source material; and E. Special nuclear material, in quantities not sufficient to form a critical mass.
ARTICLE II This Agreement does not provide for discontinuance of any authority, and the Commission shall retain authority and responsibility with respect to:
- 1. The regulation of the construction, operation, and decommissioning of any production or utilization facility or any uranium enrichment facility;
- 2. The regulation of byproduct material as defined in Section 11e.(2) of the Act;
- 3. The regulation of the export from or import into the United States of byproduct, source, or special nuclear material, or any production or utilization facility;
- 4. The regulation of the disposal into the ocean or sea of byproduct, source, or special nuclear material waste as defined in the regulations or orders of the Commission;
- 5. The regulation of the disposal of such other byproduct, source, or special nuclear material as the Commission determines by regulation or order should, because of the hazards thereof, not to be disposed without a license from the Commission;
- 6. The evaluation of radiation safety information on sealed sources or devices containing byproduct, source, or special nuclear material and the registration of the sealed sources or devices for distribution, as provided for in regulations or orders of the Commission;
- 7. The regulation of activities not exempt from Commission regulation as stated in 10 CFR Part 150; andThe regulation of the land disposal of byproduct, source, or special nuclear waste materials received from other persons.
ARTICLE III
3 Section 4.1 With the exception of those activities identified in Article II, paragraphs one, three through five, and seven, this Agreement may be amended, upon application by the State and approval by the Commission, to include the additional areas specified in Article II, paragraphs two, six, and eight, whereby the State can exert regulatory authority and responsibility with respect to those activities and materials.
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 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 State and other Agreement States in the formulation of standards and regulatory programs of the State and the Commission for: (a) protection against hazards of radiation; and (b) to assure that Commission and State programs for protection against hazards of radiation are coordinated and compatible.
The State agrees to cooperate with the Commission and other Agreement States in the formulation of standards and regulatory programs of the State and the Commission for: (a) protection against hazards of radiation; and (b) to assure that the States program will continue to be compatible with the program of the Commission for the regulation of materials covered by this Agreement.
The State 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 State 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 State agree that it is desirable to provide reciprocal recognition of licenses for the materials listed on Article I licensed by the other party or by any other Agreement State.
4 Section 4.1 Accordingly, the Commission and the State agree to develop appropriate rules, regulations, and procedures by which reciprocity shall be accorded.
ARTICLE VIII The Commission may, after notifying the Governor, upon its own initiative after reasonable notice and opportunity for hearing to the State, or upon request of the Governor of Connecticut, 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 State has not complied with one or more of the requirements of Section 274 of the Act. Pursuant to Section 274j of the Act, the Commission may, 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 actions taken by the State under this Agreement to ensure compliance with Section 274 of the Act, which requires a State 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 Commissions program.
ARTICLE IX This Agreement shall become effective on September 30, 2025 and shall remain in effect unless and until such time as it is terminated pursuant to Article VIII.
Executed in Hartford, Connecticut this [date] day of [month], 2025 FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION
[Name]
Chair for the NRC FOR THE STATE OF CONNECTICUT Edward Miner Lamont, Jr.
(aka Ned Lamont)
Governor of the State of Connecticut