ML25106A085
| ML25106A085 | |
| Person / Time | |
|---|---|
| Issue date: | 06/20/2025 |
| From: | Dafna Silberfeld NRC/NMSS/DMSST |
| To: | Eckstein C State of IN, Dept of Homeland Security |
| Shared Package | |
| ML25106A088 | List: |
| References | |
| Download: ML25106A085 (1) | |
Text
Enclosure 2 AN AGREEMENT BETWEEN HE UNITED STATES NUCLEAR REGULATORY COMMISSION AND THE STATE OF INDIANA FOR THE DISCONTNUANCE OF CERTAIN COMMISSION REGULATORY AUTHORITY AND RESONSIBILITY WITHIN THE STATE 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.
Section 2011 et seq. (hereinafter referred to as the Act), to enter into an agreement with the Governor of the State of Indiana (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 materials as defined in Section 161 of the Act with respect to byproduct materials as defined in Sections 11e.(1), (3), and (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 State of Indiana is authorized under IC 10-19-12-11 to enter into this Agreement with the Commission; and, WHEREAS, The Governor of the State of Indiana certified on [DATE] that the State has a program for the control of radiation hazards adequate to protect the 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 of Indiana 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 the public health and safety; and WHEREAS, The State of Indiana 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 assuring that State and Commission programs for protection against hazards of radiation will be coordinated and compatible; and, WHEREAS, The Commission and the State of Indiana 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 Indiana 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 materials; 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:
A.
The regulation of the construction, operation, and decommissioning of any production or utilization facility or any uranium enrichment facility; B.
The regulation of byproduct material as defined in Section 11e.(2) of the Act; C.
The regulation of the export from or import into the United States of byproduct, source, or special nuclear material, or of any production or utilization facility; D. The regulation of the disposal into the ocean or sea of byproduct, source, or special nuclear material waste as defined in regulations or orders of the Commission; E. 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 or potential hazards thereof, not be so disposed without a license from the Commission; F. 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; G. The regulation of activities not exempt from Commission regulation as stated in 10 CFR Part 150; and H. The regulation of the land disposal of byproduct, source, or special nuclear waste materials received from other persons.
ARTICLE III With the exception of those activities identified in Article II, paragraphs A., C. through E. and G., 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 B., F., and H., whereby the State 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 byproduct, 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 promote 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 the hazards of radiation will be 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 the 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 the licensee performance that may have generic implication 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.
Accordingly, the Commission and the State agree to develop appropriate rules, regulations, and procedures by which reciprocity will be accorded.
ARTICLE VIII The Commission, upon its own initiative after reasonable notice and opportunity for hearing to the State, or upon request of the Governor of Indiana 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 the public health and safety, or (2) the State of Indiana 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, after notifying the Governor, temporarily suspend all or part of this Agreement without notice or hearing, if, in the judgment of the Commission, an emergency situation exists with respect to any material covered by this agreement creating danger which requires immediate action to protect public health and safety of persons either within or outside the State and the State has failed to take steps necessary to contain or eliminate the cause or danger within a reasonable time after the situation arose. 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 the 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 [DATE] and shall remain in effect unless and until such time as it is terminated pursuant to Article VIII.
Executed at Rockville, Maryland this [DATE] day of [MONTH], [YEAR].
Or Executed at Indianapolis, Indiana this [DATE] day of [MONTH], [YEAR].
For the United State Nuclear Regulatory Commission David A. Wright Chairman of the U.S. Nuclear Regularity Commission For the State of Indiana Michael Braun Governor of Indiana
Ltr ML25106A085 OFFICE NMSS/MSST/SLPB NMSS/MSST/SMPB NMSS/MSST/SLPB OCIO/DIME NAME SFlaherty AGiantelli SFlaherty DSilberfeld DATE Apr 16, 2025 Jun 20, 2025 Jun 20, 2025 Jun 20, 2025