VR-SECY-25-0010, Proposed Agreement Between the State of Connecticut and the Commission Pursuant to Section 274 of the Atomic Energy Act of 1954, as Amended (Caputo)

VR-SECY-25-0010: Proposed Agreement Between the State of Connecticut and the Commission Pursuant to Section 274 of the Atomic Energy Act of 1954, as Amended (Caputo)

ML25066A014
Person / Time
Issue date:	02/28/2025
From:	Annie Caputo NRC/OCM
To:	Carrie Safford NRC/SECY
Shared Package
ML25066A009	List: SECY-25-0010, VR-SECY-25-0010: Proposed Agreement Between the State of Connecticut and the Commission Pursuant to Section 274 of the Atomic Energy Act of 1954, as Amended VR-SECY-25-0010, Proposed Agreement Between the State of Connecticut and the Commission Pursuant to Section 274 of the Atomic Energy Act of 1954, as Amended (Caputo)
References
SECY-25-0010 VR-SECY-25-0010
Download: ML25066A014 (1)

Text

POLICY ISSUE NOTATION VOTE RESPONSE SHEET TO:

Carrie M. Safford, Secretary FROM:

Commissioner Caputo

SUBJECT:

SECY-25-0010: Proposed Agreement Between the State of Connecticut and the Commission Pursuant to Section 274 of the Atomic Energy Act of 1954, as Amended I approve publishing the proposed Agreement with the State of Connecticut and a summary of the draft staff assessment of the State of Connecticuts regulatory program, in the Federal Register for public comment, subject to the attached edits. I also approve publishing the staffs draft assessment of the State of Connecticuts regulatory program, subject to the attached edits.

Approved X Disapproved Abstain Not Participating COMMENTS:

Below X Attached X

None Signature Date: February 28, 2025 Entered in STAR Yes X

No Annie Caputo Digitally signed by Annie Caputo Date: 2025.02.28 10:58:11 -05'00'

AXC Edits

[7590-01-P]

NUCLEAR REGULATORY COMMISSION

[NRC-2025-0010]

State of Connecticut: NRC Staff Assessment of a Proposed Agreement Between the Nuclear Regulatory Commission and the State of Connecticut AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed state agreement; request for comment.

SUMMARY

By letter dated October 31, 2024, Governor Ned Lamont of the State of Connecticut requested that the U.S. Nuclear Regulatory Commission (NRC or Commission) enter into an Agreement with the State of Connecticut as authorized by Section 274b. of the Atomic Energy Act of 1954, as amended (AEA).

Under the proposed Agreement, the Commission would discontinue, and the State of Connecticut would assume, regulatory authority over certain types of byproduct materials as defined in the AEA, source material, and special nuclear material in quantities not sufficient to form a critical mass.

As required by Section 274e. of the AEA, the NRC is publishing the proposed Agreement for public comment. The NRC is also publishing the summary of a draft assessment by the NRC staff of the State of Connecticuts regulatory program.

Comments are requested on the proposed Agreement and its effect on public health and safety. Comments are also requested on the draft staff assessment, the adequacy of the

2 State of Connecticuts program, and the adequacy of the staffing of the State's program, as discussed in this document.

DATES: Submit comments by [INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date.

ADDRESSES: You may submit comments by any of the following methods; however, the NRC encourages electronic comment submission through the Federal Rulemaking Website:

Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2025-0010. Address questions about Docket IDs in Regulations.gov to Stacy Schumann; telephone: 301-415-0624; email:

Stacy.Schumann@nrc.gov. For technical questions, contact the individuals listed in the For Further Information Contact section of this document.

Mail comments to: Office of Administration, Mail Stop: TWFN-7-A60M, U.S.

Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Program Management, Announcements and Editing Staff.

For additional direction on obtaining information and submitting comments, see Obtaining Information and Submitting Comments in the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Duncan White, telephone: 301-415-2598; email: Duncan.White@nrc.gov and Huda Akhavannik, telephone: 301-415-5253; email:

Huda.Akhavannik@nrc.gov. Both are staff of the Office of Nuclear Material Safety and Safeguards at the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

3 SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2025-0010 when contacting the NRC about the availability of information for this action. You may obtain publicly available information related to this action by any of the following methods:

Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2025-0010.

NRCs Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select Begin Web-based ADAMS Search. For problems with ADAMS, please contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by email to PDR.Resource@nrc.gov. For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the Availability of Documents section.

NRCs PDR: The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except Federal holidays.

4 B. Submitting Comments The NRC encourages electronic comment submission through the Federal Rulemaking Website (https://www.regulations.gov). Please include Docket ID NRC-2025-0010 in your comment submission.

The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information.

If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS.

II. Additional Information on Agreements Entered Under Section 274 of the AEA Under the proposed Agreement, the NRC would discontinue its authority over 104 licenses and would transfer its regulatory authority over those licenses to the State of Connecticut. The NRC periodically reviews the performance of the Agreement States to assure compliance with the provisions of Section 274.

Section 274e. of the AEA requires that the terms of the proposed Agreement be published in the Federal Register for public comment once each week for four consecutive weeks. This notice is being published in fulfillment of that requirement.

5 III. Proposed Agreement with the State of Connecticut

Background

(a) Section 274b. of the AEA provides the mechanism for a State to assume regulatory authority from the NRC over certain radioactive materials and activities that involve use of these materials. The radioactive materials, sometimes referred to as Agreement materials, are byproduct materials as defined in Sections 11e.(1), 11e.(2),

11e.(3), and 11e.(4) of the AEA; source material as defined in Section 11z. of the AEA; and special nuclear material as defined in Section 11aa. of the AEA, restricted to quantities not sufficient to form a critical mass.

The radioactive materials and activities (which together are usually referred to as the categories of materials) that the State of Connecticut requests authority over are:

1.

The possession and use of byproduct material as defined in Section 11e.(1) of the Act;

2.

The possession and use of byproduct material as defined in Section 11e.(3) of the Act;

3.

The possession and use of byproduct material as defined in Section 11e.(4) of the Act;

4.

The possession and use of source material; and

5.

The possession and use of special nuclear material, in quantities not sufficient to form a critical mass.

(b) The proposed Agreement contains articles that:

i)

Specify the materials and activities over which authority is transferred; ii)

Specify the materials and activities over which the Commission will retain regulatory authority;

6 iii)

Continue the authority of the Commission to safeguard special nuclear material, protect restricted data, and protect common defense and security; iv)

Commit the State of Connecticut and the NRC to exchange information as necessary to maintain coordinated and compatible programs; v)

Provide for the reciprocal recognition of licenses; vi)

Provide for the suspension or termination of the Agreement; and vii)

Specify the effective date of the proposed Agreement.

The Commission reserves the option to modify the terms of the proposed Agreement in response to comments, to correct errors, and to make editorial changes.

The final text of the proposed Agreement, with the effective date, will be published after the Agreement is approved by the Commission and signed by the NRC Chairman and the Governor of Connecticut.

(c) The regulatory program is authorized by law under the Connecticut General Statutes (Conn. Gen. Stat.) Title 22a, Chapter 446a, Section 22a-152 (§ 22a-152), which provides the Governor with the authority to enter into an Agreement with the Commission. The State of Connecticut law contains provisions for the orderly transfer of regulatory authority over affected licenses from the NRC to the State. In a letter dated October 31, 2024, Governor Lamont certified that the State of Connecticut has a program for the control of radiation hazards that is adequate to protect public health and safety within the State of Connecticut for the materials and activities specified in the proposed Agreement, and that the State desires to assume regulatory responsibility for these materials and activities. After the effective date of the Agreement, licenses issued by the NRC would continue in effect as State of Connecticut licenses until the licenses expire or are replaced by State-issued licenses.

7 (d) The draft staff assessment finds that the Connecticut Department of Energy and Environmental Protections Radioactive Materials Program is adequate to protect public health and safety and is compatible with the NRCs regulatory program for the regulation of Agreement materials.

Summary of the Draft NRC Staff Assessment of the State of Connecticuts Program for the Regulation of Agreement Materials The NRC staff has examined the State of Connecticuts request for an Agreement with respect to the ability of the States radiation control program to regulate Agreement materials. The examination was based on the Commissions Policy Statement, Criteria for Guidance of States and NRC in Discontinuance of NRC Regulatory Authority and Assumption Thereof by States Through Agreement, (46 FR 7540, January 23, 1981, as amended by Policy Statements published at 46 FR 36969, July 16, 1981, and at 48 FR 33376, July 21, 1983) (Policy Statement), and the Office of Nuclear Material Safety and Safeguards Procedure SA-700, Processing an Agreement. The Policy Statement has 28 criteria that serve as the basis for the NRC staffs assessment of the State of Connecticuts request for an Agreement. The following section will reference the appropriate criteria numbers from the Policy Statement that apply to each section.

(a) Organization and Personnel. The NRC staff reviewed these areas under Criteria 1, 2, 20, and 24 in the draft staff assessment. The State of Connecticuts proposed Agreement materials program for the regulation of radioactive materials is called the Radioactive Materials Program, and will be located within the Radiation Division in the Bureau of Air Management of the Connecticut Department of Energy and Environmental Protection.

8 The educational requirements for the Radioactive Materials Program staff are specified in the State of Connecticuts personnel position descriptions and meet the NRC criteria with respect to formal education or combined education and experience requirements. All current staff members meet the requirements of a bachelors degree in the physical, life science or engineering; or an equivalent combination of education and experience has been substituted for the degree. All have training and work experience in radiation protection. Supervisory level staff each have at least 30 years of working experience in radiation protection.

The State of Connecticut performed an analysis of the expected workload under the proposed Agreement. Based on the NRCs staff review of the State of Connecticuts analysis, the State has an adequate number of staff to regulate radioactive materials under the terms of the proposed Agreement. The State of Connecticut will employ the equivalent of 4 full-time equivalent professional and technical staff to support the Radioactive Materials Program.

The State of Connecticut has indicated that the Radioactive Materials Program has an adequate number of trained and qualified staff in place. The State of Connecticut has developed qualification procedures for license reviewers and inspectors that are similar to the NRCs procedures. The Radioactive Materials Program staff has accompanied the NRC staff on inspections of NRC licensees in Connecticut and participated in licensing training at NRCs Region I with Division of Radiological Safety and Security staff. The Radioactive Materials Program staff is also actively supplementing its experience through meetings, discussions, and facility visits with the NRC licensees in the State of Connecticut and through self-study, in-house training, and formal training.

9 Overall, the NRC staff concluded that the Radioactive Materials Program staff identified by the State of Connecticut to participate in the Agreement materials program has sufficient knowledge and experience in radiation protection, the use of radioactive materials, the standards for the evaluation of applications for licensing, and the techniques of inspecting licensed users of Agreement materials.

(b) Legislation and Regulations. The NRC staff reviewed these areas under Criteria 1-15, 17, 19, and 21-28 in the draft staff assessment. The Conn. Gen. Stat. §§ 22a-152 and 22a-153(a) provide the authority to enter into the Agreement and establish the Connecticut Department of Energy and Environmental Protection as the lead agency for the States Radioactive Materials Program. The Department has the requisite authority to promulgate regulations under the Conn. Gen. Stat. § 22a-153(c) for protection against radiation. The Conn. Gen. Stat. §§ 22a-154, 22a-155, 22a-6(a)(3),

and 22a-6(a)(5) provide the Radioactive Materials Program the authority to issue licenses and orders; conduct inspections; and enforce compliance with regulations, license conditions, and orders. The Conn. Gen. Stat. § 22a-6(a)(5) requires licensees to provide access to inspectors.

The NRC staff verified that the State of Connecticut adopted by reference the relevant NRC regulations in parts 19, 20, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 61, 70, 71, and 150 of title 10 of the Code of Federal Regulations (10 CFR) into the Regulations of Connecticut State Agencies, Use and Control of Radioactive Materials; Civil Penalties, Sections 22a-153-1 to 22a-153-150. Therefore, the State of Connecticut adopted an adequate and compatible set of radiation protection regulations that apply to byproduct materials, source material, and special nuclear material in quantities not sufficient to

10 form a critical mass. The NRC staff also verified that the State of Connecticut will not attempt to enforce regulatory matters reserved to the Commission.

(c) Storage and Disposal. The NRC staff reviewed these areas under Criteria 8, 9a, and 11 in the draft staff assessment. The State of Connecticut has adopted NRC compatible requirements for the handling and storage of radioactive material, including regulations equivalent to the applicable standards contained in 10 CFR part 20, which address the general requirements for waste disposal, and 10 CFR part 61, which addresses waste classification and form. These regulations are applicable to all licensees covered under this proposed Agreement.

(d) Transportation of Radioactive Material. The NRC staff reviewed this area under Criteria 10 in the draft staff assessment. The State of Connecticut has adopted compatible regulations to the NRC regulations in 10 CFR part 71. Part 71 contains the requirements licensees must follow when preparing packages containing radioactive material for transport. Part 71 also contains requirements related to the licensing of packaging for use in transporting radioactive materials.

(e) Recordkeeping and Incident Reporting. The NRC staff reviewed this area under Criteria 1 and 11 in the draft staff assessment. The State of Connecticut has adopted compatible regulations to the sections of the NRC regulations that specify requirements for licensees to keep records and to report incidents or accidents involving the States regulated Agreement materials specified in the proposed Agreement.

(f) Evaluation of License Applications. The NRC staff reviewed this area under Criteria 1, 7, 8, 9a, 13, 14, 15, 20, 23, and 25 in the draft staff assessment. The State of Connecticut has adopted compatible regulations to the NRC regulations that specify the requirements a person must meet to obtain a license to possess or use radioactive

11 materials. The State of Connecticut has also developed licensing procedures and adopted NRC licensing guides for specific uses of radioactive material for use by the program staff when evaluating license applications.

(g) Inspections and Enforcement. The NRC staff reviewed these areas under Criteria 1, 16, 18, 19, and 23 in the draft staff assessment. The State of Connecticut has adopted a schedule providing for the inspection of licensees as frequently as, or more frequently than, the inspection schedule used by the NRC. The State of Connecticuts Radioactive Materials Program has adopted procedures for the conduct of inspections, reporting of inspection findings, and reporting inspection results to the licensees.

Additionally, the State of Connecticut has also adopted procedures for the enforcement of regulatory requirements.

(h) Regulatory Administration. The NRC staff reviewed this area under Criterion 23 in the draft staff assessment. The State of Connecticut is bound by requirements specified in its State law for rulemaking, issuing licenses, and taking enforcement actions. The State of Connecticut has also adopted administrative procedures to assure fair and impartial treatment of license applicants. The State of Connecticut law prescribes standards of ethical conduct for State employees.

(i) Cooperation with Other Agencies. The NRC staff reviewed this area under Criteria 25, 26, and 27 in the draft staff assessment. The State of Connecticut law provides for the recognition of existing NRC and Agreement State licenses and the State has a process in place for the transition of active NRC licenses. Upon the effective date of the Agreement, all active NRC radioactive materials licenses that are for materials covered by the proposed Agreement and were issued to facilities in the State of

12 Connecticut will be recognized as Connecticut Department of Energy and Environmental Protection licenses.

The State of Connecticut also provides for timely renewal. This provision affords the continuance of licenses for which an application for renewal has been filed more than 30 days prior to the date of expiration of the license. NRC licenses transferred while in timely renewal are done in a manner to minimize the effects of the transition on the licensee. The NRC and the State of Connecticut will collaborate to ensure a seamless and successful transition of NRC licenses under timely renewal.

The State of Connecticut regulations, in the Regulations of Connecticut State Agencies, Use and Control of Radioactive Materials; Civil Penalties, Sections 22a-153-1 to 22a-153-150, provide exemptions from the States requirements for the NRC, and the U.S. Department of Energy (DOE) contractors or subcontractors. The proposed Agreement commits the State of Connecticut to use its best efforts to cooperate with the NRC and the other Agreement States in the formulation of standards and regulatory programs for the protection against hazards of radiation, and to assure that the States program will continue to be compatible with the Commissions program for the regulation of Agreement materials. The proposed Agreement specifies the desirability of reciprocal recognition of licenses and commits the Commission and the State of Connecticut to use their best efforts to accord such reciprocity. Consistent with NRC requirements, the State of Connecticut would be able to recognize the licenses of other jurisdictions by general license, as appropriate.

Staff Conclusion Section 274d. of the AEA provides that the Commission shall enter into an Agreement under Section 274b. with any State if:

13 (a) The Governor of that State certifies that the State has a program for the control of radiation hazards adequate to protect the public health and safety with respect to the Agreement materials within the State, and that the State desires to assume regulatory responsibility for the Agreement materials; and (b) The Commission finds that the State program is in accordance with the requirements of Subsection 274o. and in all other respects compatible with the Commission's program for regulation of such materials, and that the State program is adequate to protect the public health and safety with respect to the materials covered by the proposed Agreement.

The NRC staff has reviewed the proposed Agreement, the certification of Connecticut Governor Lamont, and the supporting information provided by the Radioactive Materials Program of the Connecticut Department of Energy and Environmental Protection. Based upon this review, the NRC staff concludes that the State of Connecticut Radioactive Materials Program satisfies the Section 274d. criteria as well as the criteria in the Commission's Policy Statement Criteria for Guidance of States and NRC in Discontinuance of NRC Regulatory Authority and Assumption Thereof by States Through Agreement. The NRC staff also concludes that the proposed State of Connecticut program to regulate Agreement materials, as comprised of statutes, regulations, procedures, and staffing, is compatible with the Commissions program and is adequate to protect the public health and safety with respect to the materials covered by the proposed Agreement. Therefore, the proposed Agreement meets the requirements of Section 274 of the AEA.

14 IV. Availability of Documents The documents identified in the following table are available to interested persons through one or more of the following methods, as indicated.

DOCUMENT DESCRIPTION ADAMS ACCESSION NO Final Connecticut Application Section 4.1 Legal Elements ML24311A018 (Package)

Final Connecticut Application Section 4.2 Regulatory Requirements ML24311A026 (Package)

Final Connecticut Application Section 4.3 Licensing Program Elements ML24311A029 (Package)

Final Connecticut Application Section 4.4 Inspection Program Elements ML24311A030 (Package)

Final Connecticut Application Section 4.5 Enforcement Program Elements ML24311A044 (Package)

Final Connecticut Application Section 4.6 Technical Staffing and Training Program Elements ML24319A210 (Package)

Final Connecticut Application Section 4.7 Event and Allegation Response Program Elements ML24319A211 (Package)

Connecticut Application Request for Additional Information ML24347A038 (Package)

Letter from Governor Ned Lamont, Connecticut, to Chair Hanson requesting agreement be established between the NRC and State of Connecticut, dated October 31, 2024.

ML24306A079 State Agreement (SA) 700 Processing an Agreement final, dated June 15, 2022.

ML22138A414 SA-700 Handbook for Processing an Agreement Procedure final, dated June 17, 2022.

ML22140A396 Draft Staff Assessment of the Proposed Connecticut Program ML24330A042 Dated: Month DD, 2025.

For the Nuclear Regulatory Commission.

Tammy Bloomer, Acting Director, Division of Materials Safety, Security, State, and Tribal Programs,

15 Office of Nuclear Material Safety and Safeguards.

16 APPENDIX A 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 PURSUANT TO SECTION 274 OF THE ATOMIC ENERGY ACT OF 1954, AS AMENDED WHEREAS, The United States Nuclear Regulatory Commission (NRC)

(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 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 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 Connecticut is authorized under Conn. Gen. Stat. § 22a-152 to enter into this Agreement with the Commission;

and, WHEREAS, The Governor of the State of Connecticut certified on October 31, 2024, 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,

17 WHEREAS, The Commission found on [date] that the program of the State of Connecticut 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 Connecticut 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 o f C o n n e c t i c u t 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; NOW, THEREFORE, it is hereby agreed between the Commission and the Governor of Connecticut acting on behalf of the State as follows:

18 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 materials as defined in Section 11e.(4) of the Act; D. Source materials; and E. Special nuclear materials, in quantities not sufficient to form a critical mass.

ARTICLE II This Agreement does not provide for the 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 of 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 regulations or orders of the Commission;

19

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; and

8. The regulation of the land disposal of byproduct, source, or special nuclear material received from other persons; ARTICLE III 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 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 except pursuant to a license or an exemption for licensing issued by the Commission.

20 ARTICLE V This Agreement shall not affect the authority of the Commission under Subsection 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 the 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 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 licensee performance that may have generic implication or otherwise be of regulatory interest.

Formatted: Right: 0.02", Space Before: 0 pt, Line spacing: single

21 ARTICLE VII The Commission and the State 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 State agree to develop appropriate rules, regulations, and procedures by which reciprocity will 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 the 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, 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 requiresrequiring immediate action to protect the public health and or safety of persons either within or outside of the State and the State has failed to take steps necessary stepsto contain or eliminate the cause of the 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 Formatted: Right: 0.02", Space Before: 0 pt, Line spacing: single

22 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 at Hartford, Connecticut this [date] day of [month], 2025.

For the United States Nuclear Regulatory Commission.

XX, Chairman for the NRC For the State of Connecticut.

Edward Miner Lamont, Jr.

(aka Ned Lamont)

Governor of the State of Connecticut

AXC Edits DRAFT STAFF ASSESSMENT OF THE PROPOSED CONNECTICUT PROGRAM FOR THE REGULATION OF AGREEMENT MATERIALS AS DESCRIBED IN THE REQUEST FOR AN AGREEMENT This assessment examines the proposed State of Connecticut Program to enter into an agreement with the U.S. Nuclear Regulatory Commission (NRC or Commission) to regulate the possession, use, and disposal of radioactive materials subject to the Atomic Energy Act of 1954, as amended (Act).1 This assessment was performed using the criteria in the Commissions policy statement Criteria for Guidance of States and NRC in Discontinuance of NRC Regulatory Authority and Assumption Thereof by States Through Agreement (referred to below as the criterion or criteria)2 and using the Office of Nuclear Material Safety and Safeguards Procedure SA-700, Processing an Agreement. Each criterion, and the staff assessment related thereto, is addressed separately below.

OBJECTIVES

1.

Protection. A State regulatory program shall be designed to protect the health and safety of the people against radiation hazards.

The State of Connecticuts proposed Agreement State Program for the regulation of radioactive materials would be located within the Radiation Division in the Bureau of Air Management of the Connecticut Department of Energy and Environmental Protection (the Department). The Department is designated as the States radiation control agency.

The Department has the statutory authority to establish the Connecticut Agreement State Program in the Connecticut General Statutes (Conn.T Gen. Stat.) Title 22a, Chapter 446a, Section 22a-153 (§ 22a-153).3 The authorities to issue, amend, suspend or revoke licenses; place conditions and to issue orders; and assess administrative penalties is vested by Conn. Gen. Stat.CT Gen Stat §§ 22a-154, 22a-155, 22a-6(a)(3),

and 22a-6(a)(5). The authorities for the Department to adopt regulations is provided in Conn. Gen. Stat.CT Gen Stat § 22a-153(c).

The NRC staff verified that the design of the State of Connecticuts Agreement State Program with respect to the distribution of regulatory responsibilities assigns responsibility for each program element to a unit of the Department and is similar to designs used successfully in other Agreement States.

The staff concludes that this criterion is satisfied.

1 According to paragraph (a) of Section 274, the radioactive materials subject to the Act are byproduct, source, and special nuclear material. These are also referred to as agreement materials.

2 The NRC Statement of Policy was published in the Federal Register, on January 23, 1981 (46 FR 7540-7546), a correction was published on July 16, 1981 (46 FR 36969), and a revision of Criterion 9 was published on July 21, 1983 (48 FR 33376).

3 The most updated version of the relevant Connecticut statues can be found within Section 4.1 of Connecticuts application at (ML24311A018) package and are also available on Connecticuts General Assembly website at https://www.cga.ct.gov/.

2

References:

Letter dated October 31, 2024, from Governor Lamont to Chair Hanson, request for an Agreement, Section on Statutory Authority and Program Organization, and additional related correspondence between the NRC and the State Agencywide Documents Access and Management System (ADAMS) Accession Nos.: (ML24306A079), (ML24311A018),

(ML24319A210), (ML24347A038), and (ML24324A355). State Statutes: Conn. Gen. Stat. CT Gen Stat §§ 22a-6(a)(3), 22a-6(a)(5), 22a-152, 22a-153, 22a-154, 22a-155. State Regulations:

Regulations of Connecticut State Agencies, Use and Control of Radioactive Materials; Civil Penalties, Sections 22a-153-1 through 22a-153-150.

RADIATION PROTECTION STANDARDS

2.

Standards. The State regulatory program shall adopt a set of standards for protection against radiation which shall apply to byproduct, source and special nuclear materials in quantities not sufficient to form a critical mass.

In conjunction with the rulemaking authority vested in the Department on radiation protection by Conn. Gen. Stat.CT Gen Stat § 22a-153(c), the Department has the requisite authority to promulgate rules for protection against radiation.

The NRC staff verified that the State of Connecticut adopted by reference the relevant NRC regulations in Title 10 of the Code of Federal Regulations (10 CFR) Parts 19, 20, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 61, 70, 71, 150, 170, and 171 into Regulations of Connecticut State Agencies, Use and Control of Radioactive Materials; Civil Penalties, Sections 22a-153-1 to 22a-153-150. On December 23, 2024, the NRC staff informed Connecticut that as a result of the staffs review of the final Connecticut Radioactive Materials Regulations, the NRC staff identified five editorial comments for the States consideration (ML24355A145). The resolution of these editorial comments does not interfere with the NRC staffs processing of Connecticuts Agreement State Application.

Therefore, the Department has adopted an adequate and compatible set of radiation protection regulations that apply 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.

The staff concludes that this criterion is satisfied.

References:

Letter dated October 31, 2024 from Governor Lamont to Chair Hanson, request for an Agreement, Section on Regulatory Requirements, and additional related correspondence between the NRC and the State ADAMS Accession Nos.:

(ML24306A079), (ML24355A145), (ML24311A026), and (ML24347A038), and (ML24324A355). State Statutes: Conn. Gen. Stat. CT Gen Stat §§ 22a-6(a) and 22a-153(c). State Regulations: Regulations of Connecticut State Agencies, Use and Control of Radioactive Materials; Civil Penalties, Sections 22a-153-1 through 22a-153-150.

3.

Uniformity of Radiation Standards. It is important to strive for uniformity in technical definitions and terminology, particularly as related to such things as units of measurement and radiation dose. There shall be uniformity on maximum permissible doses and levels of radiation and concentrations of radioactivity, as fixed by 10 CFR Part 20 of the NRC regulations based on officially approved radiation protection guides.

3 The State of Connecticut, by statute, must promulgate and enforce rules for the regulation of byproduct, source, and special nuclear material that are in accordance with Section 274 of the Act.

The NRC staff verified that the State of Connecticut adopted regulations in Regulations of Connecticut State Agencies, Use and Control of Radioactive Materials; Civil Penalties, §§ 22a-153-1 and 22a-153-20 that are compatible with 10 CFR Part 20.

The staff concludes that this criterion is satisfied.

References:

Letter dated October 31, 2024, from Governor Lamont to Chair Hanson, request for an Agreement, Section on Regulatory Requirements, and additional related correspondence between the NRC and the State ADAMS Accession Nos.:

(ML24306A079), (ML24355A145), (ML24311A026), (ML24347A038), and (ML24324A355). State Statutes: Conn. Gen. Stat.CT Gen Stat §§ 22a-153(b). State Regulations: Regulations of Connecticut State Agencies, Use and Control of Radioactive Materials; Civil Penalties, Sections 22a-153-1 and 22a-153-20.

4.

Total Occupational Radiation Exposure. The regulatory authority shall consider the total occupational radiation exposure of individuals, including that from sources which are not regulated by it.

The NRC staff verified that the State has adopted regulations by reference that are compatible with the NRC regulations in 10 CFR Part 20, including Subpart C, the occupational dose limits and Subpart D, the dose limits to individual members of the public. The State of Connecticut licensees are required to consider the radiation doses to individuals from all sources of radiation, except background radiation and radiation from medical procedures. Like NRC licensees, the State of Connecticut licensees are required to consider the radiation dose whether the sources are licensed or unlicensed.

The staff concludes that this criterion is satisfied.

References:

Letter dated October 31, 2024, from Governor Lamont to Chair Hanson, request for an Agreement, Section on Regulatory Requirements, and additional related correspondence between the NRC and the State ADAMS Accession Nos.:

(ML24306A079), (ML24355A145), (ML24311A026), (ML24347A038), and (ML24324A355). State Statutes: Conn. Gen. Stat.CT Gen Stat § 22a-153. State Regulations: Regulations of Connecticut State Agencies, Use and Control of Radioactive Materials; Civil Penalties, §§ 22a-153 and 22a-153-20.

5.

Surveys, Monitoring. Appropriate surveys and personnel monitoring under the close supervision of technically competent people are essential in achieving radiological protection and shall be made in determining compliance with safety regulations.

The NRC requires surveys and monitoring pursuant to 10 CFR Part 20, Subpart F.

The NRC staff review verified that the State of Connecticut has adopted regulations by reference that are compatible with 10 CFR Part 20 Subpart F. Therefore, the State of Connecticut licensees are required to conduct surveys and personnel monitoring to the same standards required of the NRC licensees.

4 The staff concludes that this criterion is satisfied.

References:

Letter dated October 31, 2024, from Governor Lamont to Chair Hanson, request for an Agreement, Section on Regulatory Requirements, and additional related correspondence between the NRC and the State ADAMS Accession Nos.:

(ML24306A079), (ML24355A145), (ML24311A026), (ML24347A038), and (ML24324A355). State Statutes: Conn. Gen. Stat. CT Gen Stat § 22a-153. Regulations of Connecticut State Agencies, Use and Control of Radioactive Materials; Civil Penalties,

§§ 22a-153-1 and 22a-153-20.

6.

Labels, Signs, Symbols. It is desirable to achieve uniformity in labels, signs and symbols, and the posting thereof. However, it is essential that there be uniformity in labels, signs, and symbols affixed to radioactive products that are transferred from person to person.

The NRC staff verified that the State of Connecticut has adopted regulations by reference that are compatible with the NRC regulations in 10 CFR Part 20, Subpart J, Precautionary Procedures. Therefore, the radiation labels, signs, symbols, and the posting and labeling requirements in the State of Connecticut regulations are compatible with those contained in the NRC regulations.

The staff concludes that this criterion is satisfied.

References:

Letter dated October 31, 2024, from Governor Lamont to Chair Hanson, request for an Agreement, Section on Regulatory Requirements, and additional related correspondence between the NRC and the State ADAMS Accession Nos.:

(ML24306A079), (ML24355A145), (ML24311A026), (ML24347A038), and (ML24324A355). State Statutes: Conn. Gen. Stat.CT Gen Stat § 22a-153. State Regulations: Regulations of Connecticut State Agencies, Use and Control of Radioactive Materials; Civil Penalties, §§ 22a-153-1, 22a-153-20, and 22a-153-150.

7.

Instruction. Persons working in or frequenting restricted areas shall be instructed with respect to the health risks associated with exposure to radioactive materials and in precautions to minimize exposure. Workers shall have the right to request regulatory authority inspections as per 10 CFR 19, Section 19.16 and to be represented during inspections as specified in Section 19.14 of 10 CFR 19.

The NRC staff verified that the State of Connecticut has adopted regulations by reference that are compatible with the NRC regulations in 10 CFR Part 19, including 10 CFR 19.12, which among other things, requires all individuals who in the course of employment are likely to receive in a year an occupational dose in excess of 100 mrem (1 mSv) to be informed of health protection problems associated with exposure to radiation and precautions to minimize exposure.

The staff concludes that this criterion is satisfied.

References:

Letter dated October 31, 2024, from Governor Lamont to Chair Hanson, request for an Agreement, Section on Regulatory Requirements, and additional related correspondence between the NRC and the State ADAMS Accession Nos.:

(ML24306A079), (ML24355A145), (ML24311A026), (ML24347A038), and

5 (ML24324A355). State Statutes: Conn. Gen. Stat.CT Gen Stat § 22a-153. State Regulations: Regulations of Connecticut State Agencies, Use and Control of Radioactive Materials; Civil Penalties, § 22a-153-1.

8.

Storage. Licensed radioactive material in storage shall be secured against unauthorized removal.

The NRC staff verified that the State of Connecticut has adopted regulations by reference that are compatible with the NRC regulations in 10 CFR Part 20 Subpart I, Storage and Control of Licensed Material.

The staff concludes that this criterion is satisfied.

References:

Letter dated October 31, 2024, from Governor Lamont to Chair Hanson, request for an Agreement, Section on Regulatory Requirements, and additional related correspondence between the NRC and the State ADAMS Accession Nos.:

(ML24306A079), (ML24355A145), (ML24311A026), (ML24347A038), and ML24324A355). State Statutes: Conn. Gen. Stat.CT Gen Stat § 22a-153. State Regulations: Regulations of Connecticut State Agencies, Use and Control of Radioactive Materials; Civil Penalties, §§ 22a-153-1 and 22a-153-20.

9.

Radioactive Waste Disposal. (a) Waste disposal by material users. The standards for the disposal of radioactive materials into the air, water and sewer, and burial in the soil shall be in accordance with 10 CFR Part 20. Holders of radioactive material desiring to release or dispose of quantities or concentrations of radioactive materials in excess of prescribed limits shall be required to obtain special permission from the appropriate regulatory authority. Requirements for transfer of waste for the purpose of ultimate disposal at a land disposal facility (waste transfer and manifest system) shall be in accordance with 10 CFR Part 20.

The waste disposal standards shall include a waste classification scheme and provisions for waste form, applicable to waste generators, that is equivalent to that contained in 10 CFR Part 61.

The NRC staff verified that the State of Connecticut has adopted by reference the relevant NRC regulations that are compatible with the NRC regulations in Subpart K of 10 CFR Part 20 and the provisions for waste classification and form in 10 CFR Part 61.

These regulations deal with general requirements for waste disposal and are applicable to all Connecticut licensees.

The staff concluded that Criterion 9(a) is satisfied.

(b) Land Disposal of waste received from other persons. The State shall promulgate regulations containing licensing requirements for land disposal of radioactive waste received from other persons, which are compatible with the applicable technical definitions, performance objectives, technical requirements and applicable supporting Sections set forth in 10 CFR Part 61. Adequate financial arrangements (under terms established by regulation) shall be required of each waste disposal site licensee to ensure sufficient funds for decontamination, closure and stabilization of a disposal site. In addition, Agreement State financial arrangements for long-term monitoring and maintenance of a specific site must be reviewed and approved by the

6 Commission prior to relieving the site operator of licensed responsibility (Section 151(a)(2), Pub. L.97-425).

The State of Connecticut has not requested regulatory authority to license a low-level radioactive waste land disposal site. Therefore, the regulatory authority to license a low-level radioactive waste land disposal site is retained by the Commission. As such, there were no regulations or procedures in the States application for the evaluation of a proposed license for a low-level waste disposal site.

Therefore, Criterion 9(b) does not apply to the State.

References:

Letter dated October 31, 2024, from Governor Lamont to Chair Hanson, request for an Agreement, Section on Regulatory Requirements, and additional related correspondence between the NRC and the State ADAMS Accession Nos.:

(ML24306A079), (ML24355A145), (ML24311A026), (ML24347A038), and (ML24324A355). State Statutes: Conn. Gen. Stat.CT Gen Stat § 22a-153. State Regulations: Regulations of Connecticut State Agencies, Use and Control of Radioactive Materials; Civil Penalties, §§ 22a-153-1 and 22a-153-20.

10.

Regulations Governing Shipment of Radioactive Materials. The State shall, to the extent of its jurisdiction, promulgate regulations applicable to the shipment of radioactive materials, such regulations to be compatible with those established by the U.S. Department of Transportation and other agencies of the United States whose jurisdiction over interstate shipment of such materials necessarily continues. State regulations regarding transportation of radioactive materials must be compatible with 10 CFR Part 71.

The NRC staff verified that the State of Connecticut has adopted by reference the relevant regulations compatible with the NRC regulations in 10 CFR Part 71. The State of Connecticut will not attempt to enforce portions of the regulations related to activities, such as approving packaging designs, which are reserved to the NRC.

The staff concludes that this criterion is satisfied.

References:

Letter dated October 31, 2024, from Governor Lamont to Chair Hanson, request for an Agreement, Section on Regulatory Requirements, and additional related correspondence between the NRC and the State ADAMS Accession Nos.:

(ML24306A079), (ML24355A145), (ML24311A026), (ML24347A038), and (ML24324A355). State Statutes: Conn. Gen. Stat.CT Gen Stat § 22a-153. State Regulations: Regulations of Connecticut State Agencies, Use and Control of Radioactive Materials; Civil Penalties, § 22a-153-1.

11.

Records and Reports. The State regulatory program shall require that holders and users of radioactive materials (a) maintain records covering personnel radiation exposures, radiation surveys, and disposals of materials; (b) keep records of the receipt and transfer of the materials; (c) report significant incidents involving the materials, as prescribed by the regulatory authority; (d) make available upon request of a former employee a report of the employees exposure to radiation; (e) at request of an employee advise the employee of his or her annual radiation exposure; and (f) inform each employee in writing when

7 the employee has received radiation exposure in excess of the prescribed limits.

The NRC staff verified that the State of Connecticut has adopted by reference regulations compatible with NRC regulations in 10 CFR Parts 19, 20, 30, 31, 32, 33, 34, 35, 36, 39, 40, 61, 70, 71 and 150. The records and reports referenced in Criterion 11 are regulatory requirements in these parts. The State of Connecticut has adopted the necessary record and reporting requirements.

The staff concludes that this criterion is satisfied.

References:

Letter dated October 31, 2024, from Governor Lamont to Chair Hanson, request for an Agreement, Section on Regulatory Requirements, and additional related correspondence between the NRC and the State ADAMS Accession Nos.:

(ML24306A079), (ML24355A145), (ML24311A026), (ML24347A038), and (ML24324A355). State Statutes: Conn. Gen. Stat.CT Gen Stat § 22a-153. State Regulations: Regulations of Connecticut State Agencies, Use and Control of Radioactive Materials; Civil Penalties, §§ 22a-153-1, 22a-153-2, 22a-153-20, 22a-153-30, and 22a-153-150.

12.

Additional Requirements and Exemptions. Consistent with the overall criteria here enumerated and to accommodate special cases and circumstances, the State regulatory authority shall be authorized in individual cases to impose additional requirements to protect health and safety, or to grant necessary exemptions which will not jeopardize health and safety.

The NRC staff has verified that the State of Connecticut has adopted by reference regulations compatible with 10 CFR 30.34, 10 CFR 40.41, and 10 CFR 70.22. The State regulations adopted by reference provide the radiation control agency the authority to impose, by order or license condition, additional health and safety requirements beyond the requirements specified in law and in the rules. The State also has legal authority to grant reasonable and necessary exceptions to the regulatory requirements, either by order or by license condition.

The staff concludes that this criterion is satisfied.

References:

Letter dated October 31, 2024, from Governor Lamont to Chair Hanson, request for an Agreement, Section on Regulatory Requirements, and additional related correspondence between the NRC and the State ADAMS Accession Nos.:

(ML24306A079), (ML24355A145), (ML24311A026), (ML24347A038), and (ML24324A355). State Statutes: Conn. Gen. Stat.CT Gen Stat § 22a-153. State Regulations: Regulations of Connecticut State Agencies, Use and Control of Radioactive Materials; Civil Penalties, §§ 22a-153-1, 22a-153-2, and 22a-153-30.

PRIOR EVALUATION OF USES OF RADIOACTIVE MATERIALS

13.

Prior Evaluation of Hazards and Uses, Exceptions. In the present state of knowledge, it is necessary in regulating the possession and use of byproduct and source nuclear materials that the State regulatory authority require the submission of information on, and evaluation of, the potential hazards, and the capability of the user or possess or prior to his receipt of materials. This criterion is subject to certain exceptions and to continuing reappraisal as knowledge and

8 experience in the atomic energy field increase. Frequently there are, and increasingly in the future there may be, categories of materials and uses as to which there is sufficient knowledge to permit possession and use without prior evaluation of the hazards and the capability of the processor and user. These categories fall into two groups: those materials and uses which may be completely exempt from regulatory controls, and those materials and uses in which sanctions for misuse are maintained without pre-evaluation of the individual possession or use. In authorizing research and development or other activities involving multiple uses of radioactive materials, where an institution has people with extensive training and experience, the State regulatory authority may wish to provide a means for authorizing broad use of materials without evaluating specific use.

The State of Connecticut has adopted by reference regulations containing regulatory requirements for applying for and issuing licenses that are compatible with NRCs regulations.

The NRC staff confirmed that the States regulations provide that only the NRC may issue a license authorizing the distribution of Agreement materials that will subsequently be exempt from regulatory control.

Since Criterion 13 was adopted, the Commission has determined that the regulatory authority to conduct safety evaluations of sealed sources and devices may be retained by the NRC, unless a State requests assumption of the authority and has in place an adequate and compatible program to implement the authority. The State of Connecticut has decided not to seek authority for evaluation of sealed sources and devices. Therefore, the regulatory authority to evaluate sealed sources and devices is retained by the Commission.

The staff concludes that this criterion is satisfied.

References:

Letter dated October 31, 2024, from Governor Lamont to Chair Hanson, request for an Agreement, Section on Regulatory Requirements, and additional related correspondence between the NRC and the State ADAMS Accession Nos.:

(ML24306A079), (ML24355A145), (ML24311A026), (ML24347A038), and (ML24324A355). State Statutes: Conn. Gen. Stat.CT Gen Stat § 22a-153. State Regulations: §§ 22a-153-1, 22a-153-4, and 22a-153-7.

14.

Evaluation Criteria. In evaluating a proposal to use radioactive materials, the regulatory authority shall determine the adequacy of the applicants facilities and safety equipment, his training and experience in the use of the materials for the purpose requested, and his proposed administrative controls. States should develop guidance documents for use by license applicants. This guidance should be consistent with NRC licensing regulatory guides for various categories of licensed activities.

The NRC staff determined that the State of Connecticut has established a series of procedures, checklists, and forms to be used in evaluating proposals for radioactive materials use. These will be used in addition to the licensing guidance in the NRCs NUREG-1556 series, entitled Consolidated Guidance About Materials Licenses. In addition, the State of Connecticut developed administrative licensing procedures that

9 define the review process for a new license application, amendment, renewal, and license termination. The State of Connecticut licensing procedures are consistent with NRC procedures.

The staff concludes that this criterion is satisfied.

References:

Letter dated October 31, 2024, from Governor Lamont to Chair Hanson, request for an Agreement, Sections on Regulatory Requirements and Licensing Program, and additional related correspondence between the NRC and the State ADAMS Accession Nos.: (ML24306A079), (ML24355A145), (ML24311A029),

(ML24347A038), and (ML24324A355). State Statutes: Conn. Gen. Stat.CT Gen Stat § 22a-153. State Regulations: Regulations of Connecticut State Agencies, Use and Control of Radioactive Materials; Civil Penalties, §§ 22a-153-1, 22a-153-4, 22a-153-20, 22a-153-30, 22a-153-31, 22a-153-34, and 22a-153-35.

15.

Human Use. The use of radioactive materials and radiation on or in humans shall not be permitted except by properly qualified persons (normally licensed physicians) possessing prescribed minimum experience in the use of radioisotopes or radiation.

The NRC staff verified that the State has adopted by reference compatible regulations to the NRC regulations in 10 CFR Part 35, Medical Use of Byproduct Material; therefore, the States regulations include training and experience requirements for use of radioactive material that are equivalent to the NRC requirements.

The staff concludes that this criterion is satisfied.

References:

Letter dated October 31, 2024, from Governor Lamont to Chair Hanson, request for an Agreement, Section on Regulatory Requirements, and additional related correspondence between the NRC and the State ADAMS Accession Nos.:

(ML24306A079), (ML24355A145), (ML24311A026), (ML24347A038), and (ML24324A355). State Statutes: Conn. Gen. Stat.CT Gen Stat § 22a-153. State Regulations: Regulations of Connecticut State Agencies, Use and Control of Radioactive Materials; Civil Penalties, §§ 22a-153-1and 22a-153-35.

INSPECTION

16.

Purpose, Frequency. The possession and use of radioactive materials shall be subject to inspection by the regulatory authority and shall be subject to the performance of tests, as required by the regulatory authority. Inspection and testing is conducted to determine and to assist in obtaining compliance with regulatory requirements. Frequency of inspection shall be related directly to the amount and kind of material and type of operation licensed, and it shall be adequate to ensure compliance.

The NRC staff confirmed that the State of Connecticut has statutory authority to conduct inspections of licensees. The authority to enter premises and inspect licensees is provided in Conn. Gen. Stat.CT Gen Stat § 22a-6(a)(5). The NRC staff also verified that the State of Connecticut has adopted NRC regulations by reference that contain provisions relating to inspections and tests.

10 The State of Connecticut has adopted the NRC inspection schedule as outlined in the NRC Inspection Manual Chapter 2800. The State of Connecticuts staff has developed internal procedures and accompanying forms for the inspection areas which cover scheduling, preparation, performance basis, tracking and documentation of inspection results. The State has also adopted NRC inspection procedures by reference.

The staff concludes that this criterion is satisfied.

References:

Letter dated October 31, 2024, from Governor Lamont to Chair Hanson, request for an Agreement, Sections on Regulatory Requirements and Inspection Program, and additional related correspondence between the NRC and the State ADAMS Accession Nos.: (ML24306A079), (ML24355A145), (ML24311A026),

(ML24311A030), (ML24347A038), and (ML24324A355). State Statutes: Conn. Gen.

Stat.CT Gen Stat § 22a-153. State Regulations: Regulations of Connecticut State Agencies, Use and Control of Radioactive Materials; Civil Penalties, §§ 22a-6(a)(5),

22a-153-1, and 22a-153-2.

17.

Inspections Compulsory. Licensees shall be under obligation by law to provide access to inspectors.

The NRC staff confirmed that the Conn. Gen. Stat.CT Gen Stat § 22a-6(a)(5) provides authority for radiation control program inspectors to enter public or private property at all reasonable times for the purpose of investigating conditions related to radiation use.

The staff concludes that this criterion is satisfied.

References:

Letter dated October 31, 2024, from Governor Lamont to Chair Hanson, request for an Agreement, Section on Regulatory Requirements, and additional related correspondence between the NRC and the State ADAMS Accession Nos.:

(ML24306A079), (ML24355A145), (ML24311A026), (ML24311A030), (ML24347A038),

and ML24324A355). State Statutes: Conn. Gen. Stat.CT Gen Stat § 22a-6(a)(5). State Regulations: State Regulations: Regulations of Connecticut State Agencies, Use and Control of Radioactive Materials; Civil Penalties, §§ 22a-153-1, and 22a-153-2.

18.

Notification of Results of Inspection. Licensees are entitled to be advised of the results of inspections and to notice as to whether or not they are in compliance.

The NRC staff determined that the State of Connecticut has adopted procedures to convey a copy of the formal inspection report to the licensees, both when violations are found, and when no violations are found. The procedures identify the staff responsible and specify the time limit for preparing the inspection report, the process for management review and approval, and provide instructions for distribution of the report to the licensee and to the State of Connecticuts official files.

The staff concludes that this criterion is satisfied.

References:

Letter dated October 31, 2024, from Governor Lamont to Chair Hanson, request for an Agreement, Sections on Regulatory Requirements and Inspection Program, and additional related correspondence between the NRC and the State ADAMS Accession Nos.: (ML24306A079), (ML24355A145), (ML24311A026),

11 (ML24311A030), (ML24347A038), and (ML24324A355). State Statutes: Conn. Gen.

Stat.CT Gen Stat § 22a-153. State Regulations: Regulations of Connecticut State Agencies, Use and Control of Radioactive Materials; Civil Penalties, §§ 22a-153-1 and 22a-153-2.

ENFORCEMENT

19.

Enforcement. Possession and use of radioactive materials should be amenable to enforcement through legal sanctions, and the regulatory authority shall be equipped or assisted by law with the necessary powers for prompt enforcement.

This may include, as appropriate, administrative remedies looking toward issuance of orders requiring affirmative action or suspension or revocation of the right to possess and use materials, and the impounding of materials; the obtaining of injunctive relief; and the imposing of civil or criminal penalties.

The NRC staff confirmed that the State of Connecticut is authorized in the Conn. Gen.

Stat.CT Gen Stat § 22a-154, 22a-155(a), 22a-158a, 22a-6b, 22a-6s and the State of Connecticuts regulations to use a variety of sanctions and other enforcement tools, including the imposition of administrative penalties, the issuance of orders to suspend, modify or revoke licenses, and any other action deemed appropriate by the Department. The Connecticut Agreement State Program may seek civil penalties in accordance with State of Connecticut law and regulations.

The State of Connecticut has adopted policies and procedures to implement its proposed enforcement authority over Agreement State materials. The State of Connecticuts enforcement procedures are similar to the NRCs procedures with regard to the use of escalated enforcement for violations.

The staff concludes that this criterion is satisfied.

References:

Letter dated October 31, 2024, from Governor Lamont to Chair Hanson, request for an Agreement, Sections on Regulatory Requirements and Enforcement Program, and additional related correspondence between the NRC and the State ADAMS Accession Nos.: (ML24306A079), (ML24355A145), (ML24311A026),

(ML24311A044), (ML24347A038), and (ML24324A355). State Statutes: Conn. Gen.

Stat.CT Gen Stat §§ 22a-6b, 22a-6s, 22a-155(a), 22a-158a, 22a-154. State Regulations:

Regulations of Connecticut State Agencies, Use and Control of Radioactive Materials; Civil Penalties, §§ 22a-153-1 and 22a-153-5.

PERSONNEL

20.

Qualifications of Regulatory and Inspection Personnel. The regulatory agency shall be staffed with sufficient trained personnel. Prior evaluation of applications for licenses or authorizations and inspections of licensees must be conducted by persons possessing the training and experience relevant to the type and level of radioactivity in the proposed used to be evaluated and inspected. This requires competency to evaluate various potential radiological hazards associated with the many uses of radioactive material and includes concentrations of radioactive materials in air and water, conditions of shielding, the making of radiation measurements, knowledge of radiation instruments (their selection, use and

12 calibration), laboratory design, contamination control, other general principles and practices of radiation protection, and use of management controls in assuring adherence to safety procedures. In order to evaluate some complex cases, the State regulatory staff may need to be supplemented by consultants of other State agencies with expertise in geology, hydrology, water quality, radiobiology and engineering disciplines.

To perform the functions involved in evaluation and inspection, it is desirable that there be personnel educated and trained in the physical and/or life science, including biology, chemistry, physics and engineering, and that the personnel have had training and experience in radiation protection. For example, the person who will be responsible for the actual performance of evaluation and inspection of all of the various uses of byproduct and source nuclear material which might come to the regulatory body should have substantial training and extensive experience in the field of radiation protection. It is desirable that such a person have a bachelors degree or equivalent in the physical or life sciences, and specific training - radiation protection.

It is recognized that there will also be persons in the program performing a more limited function in evaluation and inspection. These persons will perform the day-to-day work of the regulatory program and deal with both routine situations as well as some which are out of the ordinary. These people should have a bachelors degree or equivalent in the physical or life sciences, training in health physics, and approximately two years of actual work experience in the field of radiation protection.

The foregoing are considered desirable qualifications for the staff who will be responsible for the actual performance of evaluation and inspection. In addition, there will probably be trainees associated with the regulatory program who will have an academic background in the physical or life sciences as well as varying amounts of specific training in radiation protection but little or no actual work experience in the field. The background and specific training of these persons will indicate to some extent their potential role in the regulatory program. These trainees, of course, could be used initially to evaluate and inspect those applications of radioactive materials which are considered routine or more standardized from the radiation safety standpoint, for example, inspection of industrial gauges, small research programs, and diagnostic medical programs.

As they gain experience and competence in the field, the trainees could be used progressively to deal with the more complex or difficult types of radioactive material applications. It is desirable that such trainees have a bachelors degree or equivalent in the physical or life sciences and specific training in radiation protection. In determining the requirement for academic training of individuals in all of the foregoing categories, proper consideration should be given to equivalent competency which has been gained by appropriate technical and radiation protection experience.

It is recognized that radioactive materials and their uses are so varied that the evaluation and inspection functions will require skills and experience in the different disciplines which will not always reside in one person. The regulatory authority should have the composite of such skills either in its employ or at its

13 command, not only for routine functions, but also for emergency cases.

Based on the review of the organizational charts and position descriptions for the State of Connecticut Agreement State training and qualification plan, and the curricula vitae for the current staff members, the NRC staff concludes that the State of Connecticut has a staffing plan that provides a sufficient number of adequately trained and qualified technical staff. Consistent with past assessments, the NRC staff addresses this criterion by assessing the States: (a) Agreement Materials staffing, and (b) staff qualifications.

a. Assessment of the Agreement Materials Staffing There are 104 NRC specific licensees in the State of Connecticut. The Agreement State Program will reside within the Radiation Division in the Bureau of Air Management of the Connecticut Department of Energy and Environmental Protection. Within the Radiation Division, the staff who would be responsible for the Agreement State Program work in these offices: the Agreement State Program, Field Operations and Emergency Response, and Medical X-ray and Radiation. This staff will be responsible for implementing all aspects of the Agreement State Program including supervision, licensing, inspection, event response and enforcement.

The Department conducted an analysis of the expected workload to establish an appropriate staffing plan for the 104 specific licenses. The Department determined that 3.3 full-time equivalent (FTE) technical staff is adequate for operating the Agreement State Program. This projection is based on data from the NRC, Agreement States, and the Departments own internal information. The Radiation Division will have five staff members and three managers who will contribute at least 4 FTE to implementing the program.

The NRC staff concludes that the Department has an adequate number of staff to transition to and meet the anticipated needs of the Agreement State Program.

b. Assessment of Staff Qualifications The NRC staff considered the qualifications of the individuals currently on the Department staff that would be involved in the materials program and the procedures for training and qualifying new staff members.

Under the proposed Agreement, the Departments Radiation Division Director would direct the Agreement State Materials Program and would be primarily responsible for the Programs administration. This individual holds a Master of Science degree in physics and a Master of Business Administration. Prior to joining the Department, the Radiation Division Director accumulated over 23 years of experience in progressively senior roles, including plant manager at a nuclear power plant facility. He has over 10 years of experience as the Radiation Division Director. Together with the Radiation Division Office Director, the Departments Radiation Division Director provides day-to-day supervision.

The technical staff devoting the most time to the Agreement State Program are two Radiation Control Physicists and an Environmental Analyst III. Other staff devoting time to the program are the Radiation Division Director, the, Supervising Radiation Control Physicist, and two other Radiation Control Physicists.

14 The NRC staff reviewed the educational qualifications of six five staff and two three managers that would be involved in licensing and inspections of the Agreement Materials. Two members of the staff, including the Environmental Analyst III, each have over 30 years of experience in radiation protection. These individuals have been significantly involved in the development of Connecticuts application to become an Agreement State since the Governor submitted the Letter of Intent in 2020, and thus have four years of experience in all aspects of the Agreement State Materials Program -

establishment and management of the Agreement State Program, development of the licensing and inspection program that ensures compliance to State and Federal regulations.

The other staff members have experience ranging from 8 to 20 years and at a minimum meet the requirements of a bachelors degree in physical science, life science or engineering; or an equivalent combination of education and experience has been substituted for the degree.

The technical staff have completed the NRC recommended core training courses for materials inspectors and license reviewers or have received waivers from the Agreement State Program based on prior training and experience. Over the last four years, the technical staff have also accompanied NRC Region I inspectors during inspections at license sites and received on-the-job training on licensing with the NRC Regional State Agreement Officer.

The NRC staff concludes that the Connecticut Agreement State Program technical staff identified by the State of Connecticut to work in the Agreement State Program are trained in accordance with the Agreement State Program Formal Qualification Plan, as outlined in Subsection 4.6.3 of the Connecticut Agreement Application, and have sufficient knowledge and experience in radiation protection, the use of radioactive materials, the standards for the evaluation of applications for licensing, and techniques of inspecting licensed users of radioactive materials.

The NRC staff concludes that the proposed Agreement State Program has a sufficient number of adequately trained staff to meet program needs.

c. Conclusion on Criterion 20 The staff concludes that Criterion 20 is satisfied.

References:

Letter dated October 31, 2024, from Governor Lamont to Chair Hanson, request for an Agreement, Section on Technical Staffing and Training, and additional related correspondence between the NRC and the State ADAMS Accession Nos.:

(ML24306A079), (ML24355A145), (ML24319A210), (ML24347A038), and (ML24324A355). State Statutes: Conn. Gen. Stat.CT Gen Stat §§ 22a-153(b) and 22a-4.

21.

Conditions Applicable to Special Nuclear Material, Source Material and Tritium.

Nothing in the States regulatory program shall interfere with the duties imposed on the holder of the materials by the NRC, for example, the duty to report to the NRC, on NRC prescribed forms, (1) transfers of special nuclear material, source material and tritium, and (2) periodic inventory data.

15 The NRC staff review did not note any aspects of the State of Connecticuts Agreement State Program that could potentially interfere with duties imposed on a holder of materials by the NRC. In addition, the State of Connecticuts regulations specifically exempt areas of exclusive NRC or other Federal jurisdiction from State of Connecticut regulation. The staff is therefore satisfied that the State of Connecticut will not interfere with duties imposed on the holder of materials by the NRC.

The staff concludes that this criterion is satisfied.

References:

Letter dated October 31, 2024, from Governor Lamont to Chair Hanson, request for an Agreement, Section on Regulatory Requirements, and additional related correspondence between the NRC and the State ADAMS Accession Nos.:

(ML24306A079), (ML24355A145), (ML24311A026), (ML24347A038), and (ML24324A355). Regulations of Connecticut State Agencies, Use and Control of Radioactive Materials; Civil Penalties, § 22a-153-1.

22.

Special Nuclear Material Defined. Special nuclear material, in quantities not sufficient to form a critical mass, for present purposes means uranium enriched in the isotope U-235 in quantities not exceeding 350 grams of contained U-235; uranium 233 in quantities not exceeding 200 grams; plutonium in quantities not exceeding 200 grams; or any combination of them in accordance with the following formula: For each kind of special nuclear material, determine the ratio between the quantity of that special nuclear material and the quantity specified above for the same kind of special nuclear material. The sum of such ratios for all kinds of special nuclear material in combination should not exceed 1 (i.e.,

unity). For example, the following quantities in combination would not exceed the limitation and are within the formula, as follows:

175 (grams contained U-235)/350 + 50 (grams U-233)/200 +

50 (grams PU)/200 = 1 The NRC staff determined that the State of Connecticut adopted NRC regulations by reference with regard to the definition of special nuclear material in quantities not sufficient to form a critical mass in the Regulations of Connecticut State Agencies, Use and Control of Radioactive Materials; Civil Penalties, §§ 22a-153-1 through 22a-153-150.

The staff concludes that this criterion is satisfied.

References:

Letter dated October 31, 2024, from Governor Lamont to Chair Hanson, request for an Agreement, Section on Regulatory Requirements, and additional related correspondence between the NRC and the State ADAMS Accession Nos.:

(ML24306A079), (ML24355A145), (ML24311A026), (ML24347A038), and (ML24324A355). Regulations of Connecticut State Agencies, Use and Control of Radioactive Materials; Civil Penalties, §§ 22a-153-1 through 22a-153-150.

ADMINISTRATION

23.

Fair and Impartial Administration. State practices for assuring the fair and impartial administration of regulatory law, including provision for public

16 participation where appropriate, should be incorporated in procedures for:

a.

Formulation of rules of general applicability,

b.

Approving or denying applications for licenses or authorization to process and use radioactive materials; and

c.

Taking disciplinary actions against licensees.

The NRC staff confirmed that the State of Connecticut is bound by general statutory provisions set forth in Connecticuts Uniform Administrative Procedure Act (Conn. Gen.

Stat.CT Gen Stat §§ 4-166 through 4-189) with respect to providing the opportunity for public participation in rulemaking, licensing actions, and disciplinary actions. Conn. Gen.

Stat.CT Gen Stat § 22a-158a provides for a hearing prior to a cease-and-desist order or suspending or revoking any registration. Additionally, Conn. Gen. Stat.CT Gen Stat § 22a-6(a)(3) and (a)(4) provide for the power to hold hearings for the enforcement of any statute, regulation, order or permit administered, adopted or issued by the Department and the authority to require, issue, renew, revoke, modify or deny permits.

The staff concludes that this criterion is satisfied.

References:

Letter dated October 31, 2024, from Governor Lamont to Chair Hanson, request for an Agreement, Sections on Legal Elements and Regulatory Requirements, and additional related correspondence between the NRC and the State ADAMS Accession Nos.: (ML24306A079), (ML24311A018), (ML24355A145), (ML24311A026),

(ML24347A038), and (ML24324A355). Regulations of Connecticut State Agencies, Use and Control of Radioactive Materials; Civil Penalties, §§ 22a-153-1 through 22a-153-150.

24.

State Agency Designation. The State of Connecticut should indicate which agency, or agencies will have authority for carrying out the program and should provide the NRC with a summary of that legal authority. There should be assurances against duplicate, regulation and licensing by State and local authorities, and it may be desirable that there be a single or central regulatory authority.

The NRC staff determined that the Connecticut Department of Energy and Environmental Protection is designated by Conn. Gen. Stat.CT Gen Stat Title 22a, Chapter 446a, Section 153(a) through Section 22a-153(g) to be the lead agency for carrying out the terms of the proposed Agreement, which will provide assurance against duplicate regulations or licensing by State and local authorities. The staff determined that the State of Connecticut regulations specifically exclude any areas in which the jurisdiction of the NRC or another Federal agency is exclusive and gives sufficient assurance against duplicate regulation between the State of Connecticut and the NRC in the regulation of radioactive materials under the Agreement.

The staff concludes that this criterion is satisfied.

References:

Letter dated October 31, 2024, from Governor Lamont to Chair Hanson, request for an Agreement, Sections on Legal Elements and Regulatory Requirements, and additional related correspondence between the NRC and the State ADAMS Accession Nos.: (ML24306A079), (ML24355A145), (ML24311A018), (ML24311A026),

(ML24347A038), and (ML24324A355). State Statutes: Conn. Gen. Stat.CT Gen Stat §

17 22a-153. State Regulations: Regulations of Connecticut State Agencies, Use and Control of Radioactive Materials; Civil Penalties, §§ 22a-153-1 through 22a-153-150.

25.

Existing NRC Licenses and Pending Applications. In effecting the discontinuance of jurisdiction, appropriate arrangements will be made by NRC and the State of Connecticut to ensure that there will be no interference with or interruption of licensed activities or the processing of license applications by reason of the transfer. For example, one approach might be that the State of Connecticut, in assuming jurisdiction, could recognize and continue in effect, for an appropriate period of time under Connecticut State Law, existing NRC licenses, including licenses for which timely applications for renewal have been filed, except where good cause warrants the earlier reexamination or termination of the license.

The NRC staff review confirmed that the Connecticut Statute, Conn. Gen. Stat.CT Gen Stat Title 22a, Chapter 446a, Section 153(c)(7) provides for the recognition of existing NRC and Agreement State licenses. In addition, §§ 22a-153-1 and 22a-153-150 of the Connecticut regulations provides for reciprocity in the recognition of specific licenses issued by the NRC or another State that has reached agreement with the NRC pursuant to § 274 of the Act. Sections § 22a-153-1 and 22a-153-150 of the Connecticut regulations also recognize the licenses of other jurisdictions by general license, as appropriate and consistent with NRC requirements. Section 4.3.1. Procedures for the Technical Evaluation of Proposed Uses of Radioactive Materials of the States application provides a process for recognition of other Agreement State licenses.

The staff concludes that this criterion is satisfied.

References:

Letter dated October 31, 2024, from Governor Lamont to Chair Hanson, request for an Agreement, Sections on Legal Elements, Regulatory Requirements, and Licensing Program, and additional related correspondence between the NRC and the State ADAMS Accession Nos.: (ML24306A079), (ML24355A145), (ML24311A018),

(ML24311A026), (ML24311A029), (ML24347A038), and (ML24324A355). State Statutes:

Conn. Gen. Stat.CT Gen Stat § 22a-153(c)(7). State Regulations: Regulations of Connecticut State Agencies, Use and Control of Radioactive Materials; Civil Penalties, §§ 22a-153-1, 22a-153-150.

26.

Relations with Federal Government and Other States. There should be an interchange of Federal and State information and assistance in connection with the issuance of regulations and licenses or authorizations, inspection of licensees, reporting of incidents and violations, and training and education problems.

The NRC staff verified the proposed Agreement commits the State of Connecticut to cooperate with the NRC and the other Agreement States in the formulation of standards and regulatory programs to ensure health and safety of the public against hazards of radiation and to assure that the State of Connecticut will continue to be compatible with the NRCs program for the regulation of agreement materials.

The Commission has determined that providing reports to the NRC of Agreement State licensee incidents, accidents and other significant events is a matter of compatibility.

The State of Connecticut has adopted procedures to provide such reports to the NRC.

18 The staff concludes that this criterion is satisfied.

References:

Letter dated October 31, 2024, from Governor Lamont to Chair Hanson, request for an Agreement, Sections on Regulatory Requirements and Event and Allegation Response, and additional related correspondence between the NRC and the State ADAMS Accession Nos.: (ML24306A079), (ML24355A145), (ML24311A026),

(ML24319A211), (ML24347A038), and (ML24324A355). State Statutes: Conn. Gen.

Stat.CT Gen Stat §§ 22a-152 and 22a-153. State Regulations: Regulations of Connecticut State Agencies, Use and Control of Radioactive Materials; Civil Penalties, §§ 22a-153-1 through 22a-153-150.

27.

Coverage, Amendments, Reciprocity. An amendment providing for discontinuance of NRC regulatory authority and the assumption of regulatory authority by the State may relate to any one or more of the following categories of materials within the State, as contemplated by State of Connecticut Statute 22a-152:

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, but must relate to the whole of such category or categories and not to a part of any category. If less than the five categories are included in any discontinuance of jurisdiction, discontinuance of NRC regulatory authority and the assumption of regulatory authority by the State of the others may be accomplished subsequently by an amendment or by a later Agreement.

Arrangements should be made for the reciprocal recognition of State licenses and NRC licenses in connection with out-of-jurisdiction operations by a State or NRC licensee.

The NRC staff verified the proposed Agreement provides for the Commission to relinquish, and the State of Connecticut to assume, regulatory authority over the types of material defined in categories a, b, c, d, and e above.

Since this criterion was adopted, the Commission has determined that the Agreement States may assume the authority to evaluate the safety of sealed sources and devices to be distributed in interstate commerce as a separate portion of the Agreement, or to allow NRC to retain that authority. The State of Connecticut has chosen not to assume that authority.

The proposed Agreement stipulates the reciprocal recognition of the NRC and other Agreement State licenses and commits the Commission and the State of Connecticut to cooperate and accord such reciprocity. The State of Connecticut would be able to recognize the licenses of other jurisdictions by order or specific license.

The staff concludes that this criterion is satisfied.

References:

Letter dated October 31, 2024, from Governor Lamont to Chair Hanson, request for an Agreement, Sections on Legal Elements, and additional related correspondence between the NRC and the State ADAMS Accession Nos.:

19 (ML24306A079), (ML24355A145), (ML24311A018), (ML24347A038), and (ML24324A355). State Statutes: Conn. Gen. Stat.CT Gen Stat §§ 22a-152 and 22a-153.

Regulations of Connecticut State Agencies, Use and Control of Radioactive Materials; Civil Penalties, §§ 22a-153-1 through 22a-153-150.

28.

NRC and Department of Energy Contractors. The State should provide exemptions for NRC and Department of Energy contractors that are substantially equivalent to the following exemptions:

a.

Prime contractors performing work for the Department of Energy at U.S. Government-owned or controlled site;

b.

Prime contractors performing research in, or development, manufacture, storage, testing, or transportation of, atomic weapons or components thereof;

c.

Prime contractors using or operating nuclear reactors or other nuclear devices in a U.S. Government-owned vehicle or vessel; and

d.

Any other prime contractor or subcontractor of Department of Energy or NRC when the State and the NRC jointly determine (i) that, under the terms of the contract or subcontract, there is adequate assurance that the work thereunder can be accomplished without undue risk to the public health and safety; and (ii) that the exemption of such contractor or subcontractor is authorized by law.

The NRC staff has verified that the State of Connecticut has adopted compatible regulations to the NRC regulations in 10 CFR Parts 30, 40, and 70, including 30.12, 40.11, and 70.11, wherein the specified exemptions are contained. The NRC staff concludes that the State of Connecticut regulations provide for exemptions from the State of Connecticuts requirements for licensing of sources of radiation for the NRC and Department of Energy contractors or subcontractors in accordance with the criterion.

The staff concludes that this criterion is satisfied.

References:

Letter dated October 31, 2024, from Governor Lamont to Chair Hanson, request for an Agreement, Section on Regulatory Requirements, and additional related correspondence between the NRC and the State ADAMS Accession Nos.:

(ML24306A079), (ML24355A145), (ML24311A026), (ML24347A038), and (ML24324A355). State Statutes: Conn. Gen. Stat.CT Gen Stat § 22a-153. Regulations of Connecticut State Agencies, Use and Control of Radioactive Materials; Civil Penalties, §§ 22a-153-1 through 22a-153-150.

20 STAFF CONCLUSION The NRC staff has reviewed the proposed Agreement, the certification by the State of Connecticut in the application for an Agreement in the letter dated October 31, 2024, from Governor Lamont to Chair Hanson, and the supporting information provided by the staff of the Connecticut Department of Energy and Environmental Protection.

Section 274d. of the Atomic Energy Act of 1954, as amended, provides that the Commission shall enter into an Agreement under Section 274b. with any State if:

a.

The Governor of the State certifies that the State has a program for the control of radiation hazards adequate to protect public health and safety with respect to the agreement materials within the State, and that the State desires to assume regulatory responsibility for the agreement materials; and

b.

The Commission finds that the State program is in accordance with the requirements of Section 274o. and in all other respects compatible with the NRC's program for the regulation of materials, and that the State program is adequate to protect public health and safety with respect to the materials covered by the proposed Agreement.

The staff concludes that:

On the basis of this Assessmentassessment, the State of Connecticut meets the requirements of the Act. Therefore, on the proposed effective date of the Agreement, the State of Connecticut will have adopted an adequate and compatible set of radiation protection regulations that apply to byproduct, source, and special nuclear materials in quantities not sufficient to form a critical mass. The Agreement State Program, as defined by the State statutes, regulations, personnel, licensing, inspection, and administrative procedures, is compatible with the NRCs program and adequate to protect public health and safety with respect to the radioactive materials covered by the requested Agreement.