ML20137H522

Forwards Agreement W/Commonwealth of Ma for Discontinuance of Certain Commission Regulatory Authority & Responsibility within Commonwealth

ML20137H522
Person / Time
Issue date:	03/20/1997
From:	Rathbun D NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA)
To:	Gingrich N, Gore A, Murphy R GENERAL ACCOUNTING OFFICE, HOUSE OF REP., SPEAKER OF THE HOUSE, SENATE, PRESIDENT OF THE SENATE
References
CCS, NUDOCS 9704020269
Download: ML20137H522 (11)

Text

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! , = NUCLEAR REGULATORY COMMISSION 5

i wasmuoron. o.c. aseswem j v.... March 20, 1997

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i The Honorable Newt Gingrich l Speaker of the United States i- House of Representatives

Washington, DC 20515 i

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Dear Mr. Speaker:

j Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1966, j 5 U.S.C. 801, the U. S. Nuclear Regulatory Commission (NRC) is submitting the enclosed

j. Agreement with the Commonwealth of Massachusetts, f

! Under Section 274 of the Atomic Energy Act of 1954, as amended, the NRC is authorized i t to enter into agreements with the Governor of any State, whereby the State is authorized,

' as an Agreement State, to regulate the use of reactor-produced isotopes (byproduct materials), source materials, special nuclear materiais in quantities not sufficient to form a '

critical mass, uranium and thorium mill tailings, and the disposal of low-level radioactive waste. On March 28,1996, Governor William F. Weld requested that the Commission

enter into such an Agreement with the Commonwealth of Massachusetts Under the Agreement, the Commonwealth of Massachusetts will assume regulatory authority over i the activities listed above, except for the regulation of mill tailings. The NRC periodically j reviews each Agreement State program and actions taken by the State under its i Agreement to ensure compliance with Section 274 of the Act.

l l We have determined that this Agreement is not a " major rule," as defined in 5 U.S.C. -

i

. 804(2). We have confirmed this determination with the Office of Management and l Budget.

! The enclosed Agreement will be effective March 21,1997, and will be published in the l l Federal Reaister within 30 days after this Agreement is signed by NRC Chairman Jackson

and Governor Weld.

Sincerely, i

j - 74 V ~

} Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

As stated Cgt, V ,

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I 9704020269 970320 31,Hpillyinggg PDR STPRG ESGMA PM

. neog, y  % UNITED STATES

g. ~B NUCLEAR REGULATORY COMMISSION 4

WASHINGTON, D.C. 3000e 0001

%,*****f March 20, 1997 The Honorable Al Gore President of the United States Senate Washington, DC 20510

Dear Mr. President:

4 Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1966, 5 U.S.C. 801, the U. S. Nuclear Regulatory Commission (NRC) is submitting the enclosed Agreement with the Commonwealth of Massachusetts.

l Under Section 274 of the Atomic Energy Act of 1954, as amended, the NRC is authorized to enter into agreements with the Governor of any State, whereby the State is authorized,

as an Agreement State, to regulate the use of reactor-produced isotopes (byproduct 4

materials), source materials, special nuclear materials in quantities not sufficient to form a critical mass, uranium and thorium mill tailings, and the disposal of low-level radioactive waste. On March 28,1996, Governor William F. Weld requested that the Commission l enter into such an Agreement with the Commonwealth of Massachusetts. Under the Agreement, the Commonwealth of Massachusetts will assume regulatory authority over the activities listed above, except for the regulation of mill tailings. The NRC periodically

) reviews each Agreement State program and actions taken by the State under its Agreement to ensure compliance with Section 274 of the Act.

We have determined that this Agreement is not a " major rule," as defined in 5 U.S.C.

j 804(2). We have confirmed this determination with the Office of Management and j Budget.

The enclosed Agreement will be effective March 21,1997, and will be published in the Federal Reaister within 30 days after this Agreement is signed by NRC Chairman Jackson and Governor Weld.

Sincerely, W

Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

As stated

,  % 9 i p k UNITED STATES

[ ]'

NUCLEAR REGULATORY COMMISSION WAaH0NOToN. D.C. SpeeMeet

• • • • • March 20, 1997 l

Mr. Robert P. Murphy General Counsel General Accounting Office 441 G Street, NW, Room 7175 Washington, DC 20548

Dear Mr. Murphy:

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1966, 5 U.S.C. 801, the U. S. Nuclear Regulatory Commission (NRC) is submitting the enclosed Agreement with the Commonwealth of Massachusetts.

Under Section 274 of the Atomic Energy Act of 1954, as amended, the NRC is authorized to enter into agreements with the Governor of any State, whereby the State is authorized, l

as an Agreement State, to regulate the use of reactor-produced isotopes (byproduct  :

' materials), source materials, special nuclear materials in quantities not sufficient to form a l

critical mass, uranium and thorium mill tailings, and the disposal of low-level radioactive '

waste. On March 28,1996, Governor William F. Weld requested that the Commission I enter into such an Agreement with the Commonwealth of Massachusetts. Under the ' i Agreement, the Commonwealth of Massact}usetts will assume regulatory authority over '

the activities listed above, except for the regulation of mill tailings. The NRC periodically l reviews each Agreement State program and actions taken by the State under its Agreement to ensure compliance with Section 274 of the Act.  !

Wo.have determined that this Agreement is not a " major rule," as defined in 5 U.S.C.  !

804(2). We have confirmed this determination with the Office of Management and Budget.

The enclosed Agreement will be effective March 21,1997, and will be published in the Federal Reaister within 30 days after this Agreement is signed by NRC Chairman Jackson 3 end Governor Weld.  !

, Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

As stated m- y ,

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.4 AGREEMENT BETWEEN THE UNITED STATES NUCLEAR REGULATORY COMMISSION AND ,

I l THE COMMONWEALTH OF MASSACHUSETTS

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i FOR THE  :

J 1 DISCONTINUANCE OF CERTAIN COMMISSION REGULATORY AUTHORITY o

AND RESPONSIBILITY WITHIN THE COMMONWEALTH PURSUANT TO SECTION 274 OF THE ATOMIC ENERGY ACT OF 1954, AS AMENDED 2

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l AGREEMENT l BETWEEN THE UNITED STATES NUCLEAR F.EGULATORY COMMISSION 1 AND i

j THE COMMONWEALTH OF MASSACHUSETTS i

FOR 7HE i

! DISCONTINUANCE OF CERTAIN COMMISSION REGULATORY AUTHORITY

AND RESPONSIBILITY WITHIN THE COMMONWEALTH PURSUANT TO J

, SECTION 274 OF THE ATOMIC ENERGY ACT OF 1954, AS AMENDED WHEREAS, The United States Nuclear Regulatory Commission (hereinafter referred to as l

the Commission) is authorized under Section 274 of the Atomic Energy Act of 1954, as amended (hereinafter referred to as the Act), to enter into agreements with the Governor of l any State providing for discontinuance of the regulatory authority of the Commission l

l within the State under Chapters 6,7, and 8, and Section 161 of the Act with respect to i

l by-product materials as defined in Sections 11e.(1) and (2) of the Act, source materials, i .

l and special nuclear materials in quantities not sufficient to form a critical mass; and,  !

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WHEREAS, The Governor of the Commonwealth of Massachusetts is authorized under i

j Massachusetts General Laws, Chapter 111H, to enter into this Agreement with the i

Commission; and, WHEREAS, The Governor of the Commonwealth of Massachusetts certified on

! March 28,1996, that the Commonwealth of Massachusetts (hereinafter referred to as the Commonwealth) has a program for the control of radiation hazards adequate to protect public health and safety with respect to the materials within the Commonwealth covered i

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! 2 j by this Agreement, and that the Commonwealth desires to assume regulatory responsibility a

j for such materials; and, WHEREAS, The Commission found on March 3,1997, that the program of the Commonwealth for the regulation of the materials covered by this Agreement is compatible with the Commission's program for the regulation of such materials and is adequate to protect pub!ic health and safety; and, WHEREAS, The Commonwealth and the Commission recognize the desirability and importance of cooperation between the Commission and the Commonwealth in the formulation of standards for protection against hazards of radiation and in assuring that Commonwealth and Commission programs for protection against hazards of radiation will be coordinated and compatible; and, WHEREAS, The Commission and the Commonwealth recognize the desirability of reciprocal recognition of licenses and 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 the Commonwealth, acting in behalf of the Commonwealth, as follows:

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i-I ARTICLE I Subject to the exceptions provided in Articles ll, IV, and V, the Commission shall

discontinue, as of the effective date of this Agreement, the regulatory authority of the i Commission in the Commonwealth under Chapters 6,7, and 8, and Section 161 of the Act with respect to the following materials

A. By product materials as defined in Section 11e.(1) of the Act; B. Source materials:

C. Special nuclear materials in quantities not sufficient to form a critical mass; and, D. Licensing of Low-Level Radioactive Waste Facilities.

ARTICLE ll This Agreement does not provide for discontinuance of any authority and the Commission shall retain authority and responsibility with respect to regulation of:

A. The construction and operation of any production or utilization facility; B. The export from or import into the United States of by-product, source, or special nuclear material, or of any production or utilization facility;

1 s 4 C. The disposal into the ocean or sea of by-product, source, or special nuclear waste

! materials as defined in regulations or orders of the Commission;.

4 D. The disposal of such other by-product, source, or special nuclear material as the l

Commission from time to time determines by regulation or order should, because of ,

the hazards or potential hazards thereof, not be so disposed of without a license i from the Commission; and, E. The extraction or concentration of source material from source material ore and the management and disposal of the resulting by-product material.

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ARTICLE Ill l

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

the Commission, to include the additional area (s) specified in Article 11, paragraph E, l whereby the Commonwealth can exert regulatory control over the materials stated therein.

i l ARTICLE IV t

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, by-product, or special l

} nuclear material shall not transfer possession or control of such product except pursuant to a license or an exemption from licensing issued by the Commission.

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5 ARTICLE V l This Agreement shall not affect the authority of the Commission under Subsection 161b or 4

1611 of the Act to issue rules, regulations, or orders to protect the common defense and l security, to protect restricted data or to guard against the loss or diversion of special nuclear material.

i ARTICLE VI i The Commission will use its best efforts to cooperate with the Commonwealth and other Agreement States in the formulation of standards and regulatory programs of the i

j Commonwealth and the Commission for protection against hazards of radiation and to assure that Commonwealth and Commission programs for protection against hazards of l

radiation will be coordinated and compatible. The Commonwealth will use its best efforts to cooperate with the Commission and other Agreement States in the formulation of l standards and regulatory programs of the Commonwealth and the Commission for j protection against hazards of radiation and to assure that the Commonwealth's program

." will continue to be compatible with the program of the Commission for the regulation of i

like materials. The Commonwealth and the Commission will use their best efforts to keep d

cach other informed of proposed changes in their respective rules and regulations and

licensing, inspection and enforcement policies and criteria, and to obtain the comments and i

assistance of the other party thereon.

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6 ARTICLE Vil i

The Commission and the Commonwealth agree that it is desirable to provide reciprocal i

recognition of license's for the materials listed in Article I licensed by the other party or by J l' any other Agreement State. Accordingly, the Commission and the State agree to use their

} best efforts to develop appropriate rules, regulations, and procedures by which such reciprocity will be accorded.

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1 ARTICLE Vill l The Commission, upon its own initiative after reasonable notice and opportunity for hearing to the Commonwealth, or upon request of the Governor of the Commonwealth, may terminate or suspend all or part of this Agreement and reassert the licensing and regulatory authority vested in it under the Act if the Commission finds that (1) such termination or suspension is required to protect public health and safety, or (2) the Commonwealth has not complied with one or more of the requirements of Section 274 of the Act. The Commission may also, pursuant to Section 274j of the Act, temporarily suspend all or part of this Agreement if, in the judgment of the Commission, an emergency situation exists requiring immediate action to protect public health and safety and the Commonwealth has failed to take necessary steps. The Commission shall periodically review this Agreement and actions taken by the Commonwealth under this Agreement to ensure compliance with Section 274 of the Act.

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7 ARTICLE IX This Agreement shall become effective on March 21,1997, and shall remain in effect unless and until such time as it is terminated pursuant to Article Vill.

Done at Rockville, Maryland, in triplicate, this day of March,1997.

FOR THE UNITED STATES NUCLEAR REGULATORY

• COMMISSION Shirley Ann Jackson, Chairman Done at Boston, Massachusetts, in triplicate, this day of March,1997.

FOR THE COMMONWEALTH OF MASSACHUSETTS William F. Weld, Governor

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